224 DIVISION OF LEGISLATIVE POWER.
other conferring on the Dominion power to legislate “for the
peace, order and good government of Canada in relation to all
matters” not assigned to the provinces. The result is that the
interpretation of the Union Act is much more difficult than
the interpretation of the constitution of the United States.
The following remarks of the Judicial Committee of the
Privy Council in the Citizens Insurance Co. v. Parsons' shew
the view that has been taken by the courts as to the relation
of the important sections containing the enumeration of the
chief legislative powers of the Dominion and the provinces.
“The scheme of this legislation as expressed in the first
branch of sect. 91 is to give to the Dominion Parliament
authority to make laws for the good government of Canada
in all matters not coming within the classes of subjects
assigned exclusively to the Provincial Legislature. If the
1st section had stopped here and if the classes of subjects
enumerated in sect. 92 had been altogether distinct and
different from those in sect. 91, no conflict of legislative
authority could have arisen. The Provincial Legislatures
would have had exclusive legislative power over the 16
classes of subjects assigned to them, and the Dominion Par-
liament exclusive power over all other matters relating to
she good government of Canada.
“But it must have been foreseen that this sharp and
definite distinction had not been and could not be attained,
and that some of the classes of subjects assigned to the Pro-
vincial Legislatures unavoidably ran into and were embraced
in some of the enumerated classes of subjects in sect. 91:
hence an endeavour appears to have been made to provide
for cases of apparent conflict: and it would seem that with
this object it was declared in the second branch of the 91st
section “for greater certainty but not so as to restrict the
generality of the foregoing terms of this section” that (not-
IL. R. 7 App. Cas. 96.