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In re the Board of Commerce Act, 1919, and the Combines and Fair Prices Act, 1919 [1922] 1 A.C. 191


Acts were to restrict, (1) combine monopolies and mergers, and (2) taking unfair profits. Board began making orders about prices


Does the Board have power to make a specific order setting profit margins for clothing prices in Ottawa?
Under what circumstances can fed gov rely on POGG? Trade and Commerce? Criminal Law?


Only under necessity in high exceptional circumstances the liberty of the inhabitants of the Provinces may be restricted by the Parliament of Canada, and that the Dominion can intervene in the interests of Canada as a whole


The law is not one enacted to meet special conditions in wartime – it was passed after peace declared, and not confined to a specific time period (suggesting when the POGG power can be used).
*Russel recognizes this as a constitutional possibility, even in time of peace – but it is not saying that under normal circumstances general Canadian policy can justify interference with the prop and civil rights of Prov inhabitants

s.91(2) does not confer capacity to regular particular trades and business
*Cant be used to interfere with anything that affects prop and civil rights unless it is supplementary with another power


Jurisdiction conferred on the board is ultra vires – feds do not have power under s.91

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