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

250 DIVISION OF LEGISLATIVE POWER. Committee held that the Act could not properly be said to be a law in relation to property and civil rights in the sense in which the words are used in section 92, but related to the public order and safety, and therefore fell within the authority of the Dominion Parliament to make laws for the order and good government of Canada’, Police This power of the Dominion Legislature does not prevent Bogs. a province from making regulations in the nature of police or municipal regulations of a local character for the good government of taverns licensed for the sale of liquors by retail, and such as are calculated to preserve in the muni- cipality peace and public decency and repress drunkenness and disorderly and riotous conduct, nor are such regulations any interference with the general regulations of trade and commerce”, As an example of a Dominion Act held invalid as affect- ing civil rights reference may be made to the 42 Vic. c, 48 applying to all building societies, whether solvent or not ®. Bankruptcy and Insolvency. The effect of these words was considered in L' Union St Jacques v. Belisle. The scheme of enumeration in section 91 is “to mention various categories of general subjects which may be dealt with by legislation. There is no indication in any instance of anything being contemplated except what may be pro- perly described as general legislation: such legislation as is well expressed by Mr Justice Cawn when he speaks of the general laws governing faillite, bankruptey and insolvency, all which are well-known legal terms expressing systems of .egislation with which the subjects of this country and probably of most other civilized countries, are perfectly Bank- cuptey. 1 Russell v. Regina, L. R. 7 App. Cas. 829; 2 Cart. 12. Griffith v. Riouz, Q. 6 Legal News, 211. * Hodge v. The Queen, L. R. 9 App. Cas. 117, see also Ex parte Pillow, 27 L. C, Jurist 216. 3 McClanaghan v. St Ann's Mutual Building Society, 24 L. C. Jurist 162; 2 Cart, 237.

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