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

LOCAL MATTERS. HF 15. Locar MATTERS. Each province has jurisdiction in (1) Municipal institutions in the province. s. 92 (8). Municipal (2) Generally all matters of a merely local or private Sp nature in the province. s. 92 (16). This last sub-section must be read in connection with the following provision in section 91: — “ Any matter coming within any of the classes of subjects enumerated in this section [s. 91] shall not be deemed to come within the class of matters of a local or private nature comprised in the enumeration of the classes of subjects by this Act assigned exclusively to the Legislatures of the provinces.” In the case of I’ Union St Jacques v. Belisle! the Judicial What are Committee of the Privy Council was called upon to consider oll the meaning of the words “matters of a merely local or private nature.” A benefit society called L'Union St Jacques de Montreal, incorporated in the city of Montreal, and con- sisting of members living within the Province of Quebec, had owing to improvident regulations become embarrassed. The local Legislature passed an Act imposing a forced commut- ation of existing rights upon two widows who were annuitants of the society, but reserving the rights so cut down in the possible event of an improvement in the affairs of the association. “Clearly this matter is private,” said Lord Selborne in delivering the judgment of the Court; “clearly it is local, so far as locality is to be considered, because it is in the province and in the city of Montreal” A majority of the judges of the Quebec Court of Queen’s Bench had held that the subject-matter of the Act came within the class of “insolvency,” which under the 91st section belonged exclu- sively to the authority of the Dominion Parliament; a view not followed by the Judicial Committee. The fact that the ! T..R. 6, P. C. 31; 1 Cart. 63.

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