Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

CHAP. 1] THE DOMINION OF CANADA 657 Executive Power Case, 1892, of Mr. Justice Burton in that case,! of Mr. Justice Loranger? of Chief Justice Higin- botham,? and Mr. Justice Kerferd,* though both in a Colony proper and a province the prerogative is rather delegated than given by legislation, as the Victorian judges thought. The executive power is vested in the Crown and its repre- sentatives : it is not conferred but regulated by law. The only real question is what prerogatives are necessary for the provincial form of government, and differences of opinion as to these matters are of course possible. The decision of the Privy Council that the provinces were entitled to escheats, in The Attorney-General of Ontario v. Mercer is fatal to any other view than that the Lieutenant-Governor possesses the provincial executive authority. The same principle was also asserted in the case of The Liquidators of the Maritime Bank of Canada v. The Receiver- General of New Brunswick,® when the question at issue was the priority of the Provincial Government over other simple con- tract creditors in connexion with the liquidation of that bank. In connexion with that liquidation the Supreme Court of New Brunswick decided that the Provincial Government was entitled to payment in full, in preference both to note- holders of the bank and to other depositors and simple contract creditors of the bank. The Supreme Court of the Dominion answered the first question adversely to the Pro- vincial Government, but agreed with the Supreme Court of New Brunswick with recard to the second question. ' 19 0. A. R. 31, at p. 38. ! Letters wpon the Interpretation of the Federal Constitution, pp. 10, 11 "14 V. L. R. 349, at p. 397. * Ihid.. at pp. 409. 411. "8 App. Cas. 767. P1892] A. C. 437. Cf. Molson v. Chapleau (1883), 3 Cart. 360, at pp. 365, 368, per Papineau J. ; Reg. v. St. Catherine's Milling and Lumber Co., (1884) 13 0. A. R. 148, at pp. 165, 166; 4 Cart. 192, at p. 207, per Burton J. A. ; Mercer v. Attorney-General for Ontario, (1881) 5 8. C. R. 538, at p. 637, per Ritchie C. J. See also Maritime Bank v. The Queen, 17 8. C. R. 657 ; (1888) 27 N. B. 351 ; The Liquidators of the Maritime Bank v. Receiver- General of New Brunswick, (1889) 20 S. C. R. 695: 27 N. B. 379: Lefroy, 9D. cit., pp. 72 seq. 1276:9

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