The Constitution of Canada

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXI. Imperial control of the Dominion

Collection:: Economics Books

LEGISLATION. 267 applied to Dominion powers of legislation in the Act meant exclusive of provincial Legislatures. The facts of the case were as follows: — By section 93 of the British North America Act 1867, « Exclu. power is given to Provincial Legislatures to exclusively lan make laws in relation to Education,” and in 1874 the tion. Ontario Legislature under this clause amended and con- solidated the laws relating to the Medical profession in the Province. The year after the passing of the Act of 1867, the Imperial Parliament by the 81 & 32 Vic. c. 79, enacted, that any person registered under the Medical Act of 1858 should upon payment of the fees required, and upon proof of his registration, be entitled to be registered in any Colony of the Crown. In 1879 a medical practitioner duly registered under the Imperial Act applied to the College of Physicians and Surgeons of Ontario to be registered in the Province. The College refused to do so, and in the subsequent legal proceedings it was urged, that by the 93rd section of the Act 1867 the registration of doctors was within the exclusive jurisdiction of the provinces, and that the Imperial Act could only be taken to apply where there was no provincial legislation. In giving the judgment of the Court, Hagarty, C. J., remarked, “The case of the defendants was argued in a very fair and candid spirit admitting, as of course was necessary with the Federation Act before us, that if the Imperial Parliament distinctly legislate for us they can do so notwithstanding any previous enactment or alleged sur- render of the power of exclusive legislation on any subject. But it was ably urged that as the subject of Education was one in which the exclusive right was given to the Province, we should read the Imperial Act as not interfering with the right so granted. To this it may be argued that where the Federation Act speaks of any such exclusive right, it means exclusive as opposed to any attempt to legislate by the Dominion Parliament.”

Access restriction

Copyright

fullscreen: The Constitution of Canada

Monograph

Chapter

Table of contents

Download

Monograph

Chapter

This page

Image fragment

Citation links

Citation recommendation