The Constitution of Canada

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Monograph

Identifikator:: 1895543282

URN:: urn:nbn:de:zbw-retromon-242408

Document type:: Monograph

Author:: Munro, Joseph Edwin Crawford http://d-nb.info/gnd/1113111038

Title:: The Constitution of Canada

Place of publication:: Cambridge

Publisher:: Univ. Press

Year of publication:: 1889

Scope:: XXXVI, 356 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XIX. Division of legislative power

Collection:: Economics Books

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.

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