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 XXI. Imperial control of the Dominion

Collection:: Economics Books

266 IMPERIAL CONTROL OVER THE DOMINION. altering the number of members of the House of Commons has to be exercised in accordance with certain principles laid down in the Act. A province has greater power to alter its constitution than has the Dominion. Provincial 2. After the Dominion grants a constitution to a new Jonsitis- Province it cannot alter such constitution, Protective 8. The Dominion cannot impose any protective duties duties: as between provinces? 4. The Dominion cannot tax any lands or property belonging to Canada or any Province®, 5. Acts of the Parliament of Great Britain or of the Parliament of Great Britain and Ireland which were in force in any of the provinces at the time of the Union, can be repealed, abolished or altered only by Imperial legislation®, Seat of 6. The seat of the Government can be altered only by Govern- 16 Crown”. Imperial Legis- lation. 2. Concurrent Power of Legislation. The Imperial Parliament has concurrent legislative power on all matters within the legislative jurisdiction of Canada and its Provinces. It is true that in Holmes v. Temple®, the Judge of the Quebec Sessions held that “exclusive” meant exclusive of the Imperial Parliament, and dismissed a prosecution for persuading a soldier to desert, brought under the Imperial Army Act of 1881, on the ground that the Dominion Parliament had “exclusive ” jurisdiction in matters relating to “militia, military and naval service and defence’;” but the Ontario Court of Queen’s Bench in another case® laid down the true principle, viz. that the word “exclusive” as + 84 Vie. (i.) c. 28, 8, 2. 2 B. N. A. Act 1867, s. 121. $ Ib. 8. 125. 4 Ib. 8. 129. 5 Ib. 8. 16. 38 Quebec Law Reports, 357; 2 Cart. 396. * B.N. A. Act, &. 91 (7). 8 BR. v. College of Physicians and Surgeons of Ontario, 44 U. C. Q. B. 364 ; 1 Cart. 761.

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