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

228 DIVISION OF LEGISLATIVE POWER. Dominion or to the provincial Legislatures to legislate on certain subjects coming clearly within the class of subjects which either Legislature has a right to deal with, such power includes all the incidental subjects of legislation which are necessary to carry on the object which the BN.A. Act declared should be carried on by that Legislature. The determining of the age or of other qualifications required by those residing in the province of Quebec to manage their own business, or to exercise certain professions or certain branches of business attended with danger or risk for the oublic, are local subjects in the nature of internal police regulations ; and in passing laws upon those subjects, even if those laws incidentally affect trade and commerce, it must be held that this incidental power is included in the right fo deal with the subjects specially placed under their sontrol, the exercise of which cannot be considered to be unconstitutional *.” General 5. If a matter does not fall within any of the classes of powers of subjects assigned exclusively to the Legislatures of the provinces, then it is within the general power given to the Parliament of Canada “to make laws for the peace, order, and good government of Canada.” On this ground an Act of the Canadian Parliament introducing throughout the Dominion uniform legislation for the promotion of tempe- rance by prohibiting the sale of liquors, except under certain restrictions, where the inhabitants of a county or city adopted its provisions, is not witra wvires® This principle must however be taken subject to the qualification that the matter in question does mot fall within any of the restrictions imposed by the Act on the powers of the Dominion Parlia- ment. The Dominion Parliament, cannot for instance change ! Dorion, C. J., in Bennett v. Pharmaceutical Association of Quebec, i Dorion Quebec Appeals 336, 2 Cart. 250. See also Ez parte Leveillé. Q. 2 Stephens Dig. 445, 2 Cart. 849. ! Russell v. the Queen. 46 IL. T.. N. S. 884.

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