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The Premier vs. the Constitution—Significance

Honourable William Lyon Mackenzie King, 1926William Aberhart’s challenge of the British North America Act after the Mackenzie King federal government withheld assent to three contentious bills brought the issue to the Supreme Court of Canada.

While this was not the only time provincial bills had been rejected—since the passing of the BNA Act in 1867, more than Premier William Aberhart and Cabinet, Edmonton, Alberta, 1935100 bills had been disallowed—this was the first time the BNA Act had been challenged by a province on the grounds that the terminology of the Act must be changed to cover constitutional evolution. In the case of Alberta, this was more a case of constitutional “revolution” than “evolution,” given the sweeping economic reforms envisioned by Aberhart and his Social Credit party.

Edmonton Journal newspaper boys, Edmonton, Alberta, 1930The bills in question dealt with credit regulation, bank taxes and newspapers, and the Supreme Court found that the challenges would not hold and deemed all three bills unconstitutional. This March 4, 1938 Supreme Court decision was considered a blow to Social Credit in Alberta, and even party adherents saw the limitations of both the Social Credit philosophy and William Aberhart. In the following 1940 provincial election, the party won only 35 seats, holding just a majority of nine; this was in contrast to its overwhelming 1935 victory in which it secured 56 of the 63 seats in the Alberta legislature.

Aberhart died in office of liver disease in 1943, and none of his major Social Credit policies were ever implemented. As Calgary author Aritha van Herk writes in Mavericks: An Incorrigible History of Alberta, “Of the 12 specifically Social Credit acts introduced in 1933 and 1937, none came into operation, and all their efforts at economic reform were constitutionally disallowed.”1

Headline that appeared in the Edmonton Bulletin, April 16, 1935Additional fallout from the events saw the Alberta press, the target of the Aberhart’s contentious Accurate News and Information Act, honoured by the New York-based Pulitzer Prize committee. On May 2, 1938, the Edmonton Journal was presented with a bronze plaque from the committee “for its leadership in the defence of the freedom of the press in the province of Alberta.” The plaque is on display at the newspaper’s offices in downtown Edmonton. It should be mentioned here that this was not the Pulitzer Prize, as is often claimed by the Journal and in popular histories; the Pulitzer Prize is reserved for American newspapers only.

As well, five other Alberta dailies—the Edmonton Bulletin, Calgary Herald, Calgary Albertan, Lethbridge Herald and Medicine Hat News—and 90 weekly newspapers were presented with engraved certificates.

Setting

The Trial

People

Significance


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Prime Minister William Lyon Mackenzie King cast a watchful eye over the Social Credit “experiment” in Alberta, and was outspoken on the issue of press controls. “I am for freedom of the press,” he said, as reported in the Calgary Albertan on Oct. 6, 1937. “I believe in the maintenance of all fundamental liberties.”2

 

“Newspapers sell news, and opinions. That is their business. The opinions are not accepted by the people any more as gospel. Editorial pages do not convince in this generation, but if they stimulate thought they serve a purpose. If the news is false, untrue, or coloured the people have a happy faculty of discovering the poison … A newspaper which sells false news will eventually come to the end of the trail, just as surely as any merchant who sells bad goods …The freedom of the press entails also the freedom of readers to judge the press, and any government can safely leave that freedom as it is.”

—Calgary Albertan, Oct. 4, 19373

 


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