Object: The Constitution of Canada

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.
	        
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.