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Encyclopedia > Peace, order and good government

In Canada, the phrase "peace, order and good government" (in French, "paix, ordre et bon gouvernement"), called POGG for short, is often used to describe the principles upon which that country's Confederation took place. Originally used in the Constitution Act, 1867, enacted by the United Kingdom, it defines the principles under which a Canadian Parliament should legislate. Specifically, the phrase appears in section 91 of the Act, which is part of the block of sections that divide legislative powers between the federal and provincial levels of government. In section 91, the phrase describes the legal grounds upon which the federal government is constitutionally permitted to pass laws that intrude on the legislative purview of the provinces. To meet Wikipedias quality standards, this article or section may require cleanup. ... The political slogan, Good Government, was used in English-speaking countries in the late nineteenth and early twentieth centuries. ... We dont have an article called Canadian-confederation Start this article Search for Canadian-confederation in. ... The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), comprises a major part of Canadas constitution. ... The Parliament of Canada (in French: le Parlement du Canada) is Canadas legislative branch, seated at Parliament Hill in Ottawa, Ontario. ... Canada consists of ten provinces and three territories. ...


The phrase also appears in the constitutions of many Commonwealth realms, including Australia and New Zealand. A Commonwealth Realm is any one of the 16 sovereign states that recognize Queen Elizabeth II as their Queen and head of state. ...

Contents

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Interpretation doctrines

In various cases, Canadian courts have found different functions for POGG. These include its residuary power; the text of section 91 allows Parliament to legislate "in relation to all matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces." Hence, when courts examine a jurisdictional dispute over something, if that thing is not specified as falling under provincial jurisdiction, the presumption is that the federal government may regulate it. The Canadian court system is made up of many courts differing in levels of legal superiority and separated by jurisdiction. ...

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Emergency powers

However, this residuary function has not been the only effect of POGG. Canadian courts have also ruled that it is from POGG that the Canadian Parliament may legislate and invoke emergency powers. This began in 1882, when the Judicial Committee of the Privy Council (then the supreme authority over Canadian law) ruled in Russell v. The Queen that the federal government could legislate with regard to alcohol, because even though this would probably have been considered provincial jurisdiction in ordinary circumstances, the federal government was acting to ensure order in Canada. This concept further evolved during the 1920s, when in the 1922 case Board of Commerce, it was stated that POGG could be invoked in times of war and famine, to allow Parliament to intervene in matters of provincial jurisdiction. POGG was later used this way in the Anti-Inflation Reference of 1976, when the Supreme Court of Canada allowed Parliament to regulate inflation on the grounds that it posed a considerable economic problem for Canada. In this case, a great degree of deference was exercised in accepting what the federal government deemed to be an emergency. A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... Wikipedia does not yet have an article with this exact name. ... Russell v. ... In chemistry, an alcohol is any organic compound in which a hydroxyl group (-OH) is bound to a carbon atom of an alkyl or substituted alkyl group. ... ... The United States detonated an atomic bomb over Nagasaki on August 9, 1945. ... A famine is a phenomenon in which a large percentage of the population of a region or country is so undernourished that death by starvation or other related diseases becomes increasingly common. ... Reference re Anti-Inflation Act, [1976] 2 S.C.R. 373 was a landmark reference question opinion of the Supreme Court of Canada on the constitutionality of the Anti-Inflation Act. ... The Supreme Court Building in Ottawa The Supreme Court of Canada (French: Cour suprême du Canada) is highest court of Canada and is the final court of appeal for all litigants in the Canadian justice system. ...

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National dimensions

The "national dimensions" (originally called "national concerns") doctrine was an alternate means of applying the POGG powers that found use in the mid 20th century. It allowed Parliament to legislate on matters that would normally fall to the provincial government when the issue became of such importance that it concerned the entire country.


The doctrine originated from a statement by Lord Watson in the Local Prohibition case, wherein he stated: Attorney General for Ontario v. ...

Their Lordships do not doubt that some matters, in their origin local and provincial, might attain such dimensions as to affect the body politic of the Dominion, and to justify the Canadian Parliament in passing laws for their regulation or abolition in the interest of the Dominion.

After this case the doctrine was completely ignored until 1946 when Viscount Simons brought it back in the case of Ontario v. Canada Temperance Foundation, [1946] A.C. 193 (P.C.). The test as stated in Temperance Foundation was whether the matter "goes beyond local or provincial concern or interests and must from its inherent nature be the concern of the Dominion as a whole".[1] Ontario (Attorney General) v. ...

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Sociological value

Despite its technical purpose, the phrase “peace, order and good government” has also become meaningful to Canadians. This tripartite motto is sometimes said to define Canadian values in a way comparable to “liberté, égalité, fraternité” (liberty, equality, fraternity) in France or “life, liberty and the pursuit of happiness” in the United States. Indeed, peace, order and good government has been used by some scholars to make broad characterizations of Canada's political culture. US sociologist Seymour Martin Lipset, for example, contrasted POGG with the American tripartite motto to conclude Canadians generally believe in a higher degree of deference to the law. Tripartite motto is the conventional English term for a motto, a slogan, or an advertising phrase in the form of a hendiatris. ... This article or section does not cite its references or sources. ... Life, liberty and the pursuit of happiness is one of the most famous phrases in the United States Declaration of Independence. ... Sociology is the study of the social lives of humans, groups and societies. ... Seymour Martin Lipset is a political sociologist and a senior fellow at the conservative Hoover Institution. ...

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See also

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Canadian federalism is one of the three pillars of the constitutional order, along with responsible government and the Canadian Charter of Rights and Freedoms. ...

References

  • Dyck, Rand. Canadian Politics: Critical Approaches. Third ed. Scarborough, Ontario: Nelson Thomson Learning, 2000.
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External links

  • Peace, Order and Good Government at Marianopolis College
  • POGG at constitutional-law.net


  Constitution of Canada  v·d·e 
Constitution Act, 1867
Division of powers | Peace, order and good government | Criminal law power | Trade and Commerce clause | Works and Undertakings | Property and civil rights | Disallowance and reservation

Canada Act 1982
Constitution Act, 1982
Canadian Charter of Rights and Freedoms | Aboriginal Rights clause | Amending formula

List of Canadian constitutional documents

History of the Constitution
Royal Proclamation of 1763 | Quebec Act | Constitutional Act of 1791 | Act of Union 1840 | British North America Acts | Statute of Westminster 1931
Constitutional debate
Fulton-Favreau formula | Victoria Charter | Meech Lake Accord | Charlottetown Accord | Calgary Declaration | Other unsuccessful amendments
Interpretation of the Constitution
Pith and substance | Double aspect | Paramountcy | Living tree | Implied Bill of Rights | Dialogue principle | Interjurisdictional immunity

  Results from FactBites:
 
Peace, Order and Good Government - Studies on the Canadian Constitution and Canadian Federalism - Quebec History (816 words)
Historically, the term was used to grant the largest measure of authority to colonial legislatures as, in a sense, all legislation is supposed to be enacted for the "peace, order and good government" of the country.
Of the Peace, Order and Good Government clause, Louis-Phillippe Pigeon (formally of the Supreme Court of Canada) wrote in 1951: "It is significant that seldom do those who advance this contention (that the purpose of the clause was to reduce.
Thus, the scope of "Peace, Order and Good Government" is still considerable and there is evidence to suggest that the Supreme Court of Canada is prepared to apply the clause to an even greater extent.
Peace, order and good government - Wikipedia, the free encyclopedia (670 words)
In Canada, the phrase "peace, order and good government" (in French, "paix, ordre et bon gouvernement"), called POGG for short, is often used to describe the principles upon which that country's Confederation took place.
In section 91, the phrase describes the legal grounds upon which the federal government is constitutionally permitted to pass laws that intrude on the legislative purview of the provinces.
POGG was later used this way in the Anti-Inflation Reference of 1976, when the Supreme Court of Canada allowed Parliament to regulate inflation on the grounds that it posed a considerable economic problem for Canada.
  More results at FactBites »

 
 

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