Reference Re Minimum Wage Act of Saskatchewan

Reference Re Minimum Wage Act of Saskatchewan

The assistant was employed in the business of the Post Office of Canada and therefore formed part of the Postal Service, a subject matter exclusively within federal legislative power under s.91(5); consequently the Saskatchewan Minimum Wage Act could not apply to his wages or hours and any provincial encroachment on that federal field is ultra vires.

Citation
[1948] SCR 248
Parties
Referring Body: His Excellency the Governor General in Council; Prosecutor: Attorney-General of Saskatchewan; Postmistress / Respondent (convicted): Margaret Ellen Mary Graham
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 April 1948
Procedural Posture
Reference to the Supreme Court of Canada Under Section 55 of the Supreme Court Act / Judgment Answering the Referred Question
Outcome
Question answered in the negative; the Court of Appeal erred and provincial Minimum Wage Act did not apply to the employment in the post office
Legal Topics
Division of Powers, Postal Service Jurisdiction, Minimum Wage Legislation, Provincial Ultra Vires, Status of Public Servants
Source Language
English
Constitutional Law Labour Law Administrative Law Division of Powers Postal Service Jurisdiction Minimum Wage Legislation Provincial Ultra Vires Status of Public Servants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

His Excellency the Governor General in Council

Referring Body

Attorney-General of Saskatchewan

Prosecutor

Margaret Ellen Mary Graham

Postmistress / Respondent (convicted)

Procedural Posture

Reference to the Supreme Court of Canada Under Section 55 of the Supreme Court Act / Judgment Answering the Referred Question

Legal Issues

  1. 1 Whether the Saskatchewan Minimum Wage Act applied to an assistant employed in a revenue post office
  2. 2 Whether a person engaged by a postmistress to perform postal work is employed in the Canada Post Office and thus within exclusive federal jurisdiction
  3. 3 Whether provincial regulation of hours and wages can apply to Dominion servants

Ratio Decidendi

The assistant was employed in the business of the Post Office of Canada and therefore formed part of the Postal Service, a subject matter exclusively within federal legislative power under s.91(5); consequently the Saskatchewan Minimum Wage Act could not apply to his wages or hours and any provincial encroachment on that federal field is ultra vires.

Court Disposition

Question answered in the negative; the Court of Appeal erred and provincial Minimum Wage Act did not apply to the employment in the post office

Orders

  • Reference answered in the negative
  • Conviction under the Minimum Wage Act set aside (provincial law inapplicable to the Postal Service)