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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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XIX. Division of legislative power

Collection:: Economics Books

ADMINISTRATION OF JUSTICE. 243 Establishment, maintenance and management of peniten- tiaries. s. 91 (28). The trial of controverted elections and proceedings inci: dent thereto. s. 41. The establishment, mainten- Prisons. ance and management of public reformatory prisons in and for the province. s. 92 (6). The imposition of punishment Enforcing by fine, penalty or imprisonment Provincial for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enu- merated in section 92.. s. 92 (15). Election petitions. Courts of Appeal. By the 38 Vic. c. 2, passed in the Court of year 1875, a Supreme and an Exchequer Court were estab- Appeal. lished for the Dominion’, and in 1877 a Court of Maritime Jurisdiction was created for Ontario. Administration of justice in the province. The power Admini- of the Governor-General under s. 96 to appoint judges is groper of limited to judges of the Superior, District and County Courts in each province. For inferior courts the right of appointing belongs under s. 92 (14) to the province®; but the Licutenant-Governor as such and without legislative autho- rity cannot appoint justices of the peace, since he is not authorized as is the Governor-General to exercise that pre- rogative of the Crown®. The taking of evidence to be used in an action pending in a foreign tribunal is a matter of Dominion and not of provincial regulation * Criminal Low. The 15th clause of s. 92 confers a Criminal limited jurisdiction in criminal matters on the local Legisla- few tures, and the right of the Dominion to legislate on Criminal Law under s. 91 (27) is subject to this provincial right. 1 See ante p. 216. 2 BR. v. Bennett, 1 Ont. Rep. 445; 2 Cart. 634" Wilson v. McGuire, 2 Ont. Rep. 118; 2 Cart. 605. 3 Doutre, p. 54. 4 RB, Wetherell & Jones, 4 Ont. Rep. 713. 16_ 7)

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