Urtheile der deutschen Handelskammern über Zollpolitik und Handelsverträge

Der Deutsche Post-Zeitungsgebührentarif

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Monograph

Identifikator:: 829612637

URN:: urn:nbn:de:zbw-retromon-40992

Document type:: Monograph

Title:: Urtheile der deutschen Handelskammern über Zollpolitik und Handelsverträge

Place of publication:: Berlin

Publisher:: 'Volks-Ztg'

Year of publication:: 1892

Scope:: 1 Online-Ressource (112 S.)

Collection:: Economics Books

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CHAP. I] THE DOMINION OF CANADA 699 (0) Administration of Justice and Criminal Law The control of the Dominion over criminal law is so complete that an Ontario Act to prevent the profanation of the Lord’s Day was held to be ultra wires the Provincial Legislature! The Dominion has legislated on the subject, and on a reference regarding the legislative power on the whole question, the Supreme Court decided in accordance with that ruling as to the powers of the provinces, though protesting against such a general reference on hypothetical matters? In I’ Association St. Jean-Baptiste de Montréal v. Brault® the question arose of the power of the Provincial Legislature to allow the operation of lotteries forbidden by the criminal statutes of Canada, and the Court (Girouard J. dissenting) held that a contract in common law for the operation of a lottery forbidden by the criminal statutes of the Dominion was unlawful and could not be enforced in a court of justice. It is not a breach of the criminal law for a province to punish by imprisonment for default on a judge- ment debt ; 4 but a charge against a man of selling intoxi- cating liquors on Sunday is so far of a criminal character that a defendant could not be compelled to give evidence against himself5 If an offence is a crime in criminal law, the province has no authority to make provision for its trial and punishment : e.g. tampering with a witness cannot be punished by a Provincial Act. the Liquor Licence Act of in Provincial Legislation, 1867-95, p. 214. Cf. Reg. v. Gold Commassioners of Victoria District, 2 B. C. (Irving) 260. ' Attorney-General for Ontario v Hamilton Street Railway. [19031 A. C. 524. * 358. C.R. 581. * (1900) 80 8. C. R. 598, Cf. Sir J. Thompson in Provincial Legislation. 1867-95, p. 461. * Bx parte Ellis, 1 P. and B. 593; 2 Cart. 527. * Reg. v. Roddy, 41 U. C. Q. B.291; 1 Cart. 709. Lefroy, op. cit., pp. 467, 468, thinks that this case is overruled by Weiser v. Heintzman (No. 2), (1893) 15 0. P. R. 407, where it was held that the Act, 56 Vict. c. 31, s. 5, which forbade the excusing of persons from answering questions on ground of tendency to criminate applied only to criminal proceedings under Canadian Taw

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