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

244 DIVISION OF LEGISLATIVE POWER. Enforce. ment of Tempe- rance Laws. This limited power of criminal jurisdiction does not authorize a provincial Legislature to enforce a law of the province, made in relation to matters within the exclusive jurisdiction of a provincial Legislature, by declaring acts to be offences which are criminal offences at common law. When therefore the Ontario Legislature provided that tampering with a witness in the case of prosecutions under the Liquor License Act should involve a penalty, the Ontario Court of Queen’s Bench held the proviso ultra vires, inasmuch as tampering with a witness was an offence at common law’. In this case an attempt was made, similar to that in English cases?, to distinguish between acts that are offences, viz. those punishable by magistrates, and acts that are crimes, viz. those punishable on indictment, and it was suggested that the former were within the jurisdiction of the local Legislatures; but the decision was ultimately based on the principle that the act in question was a crime by common law and therefore not within provincial juris- diction. The validity of clauses in provincial laws relating to temperance has been questioned. In some cases® it has been held that the method adopted for enforcing the Act in question was ultra vires. and in other cases that it was valid*. A provincial law forbidding the compromise of offences against a law regulating tavern and shop licenses, and enacting that any party to such a compromise should on conviction be liable to imprisonment, was held not to be ultra wires® 1 R. v. Lawrence, 43 U. C. Q. B, 164." 2 Bee remarks of Martin B. in 4. G. v. Radloff, 10 Ex. p. 96, 5 R.v. Prittie, 42 U. C. Q. B. 612; 2 Cart. 606; R. v. Lake, 43 U. C. Q. B. 515; 2 Cart. 616. 4 License Commissioners of Prince Edward v. County of Prince Edward, 0. 26 Grant, 452; 2 Cart. 678. 5 Regina v. Boardman. 30 U. C, Q. B. 553: 1 Cart. 676.

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