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

270 IMPERIAL CONTROL OVER THE DOMINION. on the validity of the Act, but they applied through the Governor-General to the Privy Council for its opinion. The law officers reported in favour of the Act, and on the ground that the power of confirming or disallowing provincial Acts was vested by law absolutely and exclusively in the Governor- General’, the Lord President of the Council declined to interfere. Governor- The legality of the Act was upheld by the Supreme Court renoral of New Brunswick, but notwithstanding this, the Dominion consult House of Commons asked the Governor-General to disallow Govern: certain other statutes amending the Act in question. At bhe request of his Ministers the Governor-General laid the whole matter before the Imperial Government, and the Secretary of State for the Colonies replied, that as the Acts in question were within the powers of the local legislature, they ought to be allowed to remain in force and could not be interfered with by the Dominion House of Commons? Petitions It is a standing rule of the Colonial service that all oi ioct communications from a Colony should be transmitted to the horera- Imperial Government through the Governor, and when a petition against an Act of Ontario granting special privileges to an Orange Society was presented to the Colonial Secretary, it was forwarded to the Governor-General. The Colonial Secretary in acknowledging the petition laid down the principle, “that it is contrary to established constitutional procedure for Her Majesty's Government to interfere unless in very special circumstances with such legislation as is within she competency of a provincial Legislature®.” The rule may be taken as established—that, except in very special or extraordinary circumstances, the Home Government will not recommend the Governor-General to disallow a provincial Act that falls within the matters over which the Provinces have full jurisdiction. ! Todd, p. 347; Can. Sess. Pap. 1877, No. 89, p. 348. Todd, p. 348; Can. Sess. Pap. 1874, No. 25, p. 8. 3 3 Todd, p. 857.

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