Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

390 PARLIAMENTS OF THE DOMINIONS [PART m1 The decision of the Court was reversed by the Privy Council in the cases of The Attorney-General for Canada v. Cain and The Attorney-General for Canada v. Gilhular This case again is of sufficient importance to justify quotation of the judgement. The question for decision in this case is whether section 6 of the Dominion Statute 60 & 61 Vict. c. 11 (styled in the respondents’ case ‘ The Alien Labour Act’), as amended by 1 Edw. VII. c. 13, section 13, is, or is not, ultra vires of the Dominion Legislature. In the events which have happened the question has in this instance become more or less an academic one, inasmuch as the two persons arrested under the Attorney-General’s warrant granted under the authority of section 6 were on the 17th of June, 1905, discharged from custody by order of Mr. Justice Anglin, and a year having therefore elapsed since the date of their entry into Canada they cannot be re-arrested. Section 9 of 60 & 61 Vict. c. 11 has been amended by 61 Vict. c. 2, and sections 1, 6, and 9 of the Alien Labour Act, as amended, are in the terms following :— *(1) From and after the passing of this Act it shall be unlawful for any person, company, partnership or corporation, in any manner to prepay the transportation, or in any way to assist or encourage the importation or immigration of any alien or foreigner into Canada, under contract or agreement, parole or special, express or implied, made previous to the importation of such alien or foreigner, to perform labour or service of any kind in Canada.’ ' (6) The Attorney-General of Canada, in case he shall be satisfied that an immigrant has been allowed to land in Canada contrary to the prohibition of this Act, may cause such immigrant, within the period of one year after ‘anding or entry, to be taken into custody and returned to the country whence he came, at the expense of the owner of the importing vessel, or if he entered from an adjoining country, at the expense of the person, partnership, company, or corporation violating Section 1 of this Act.’ *(9) This Act shall apply only to the importation or immigration of such persons as reside in or are citizens of such foreign countries as have enacted and retained in force, or as enact and retain in force, laws or ordinances applying to Canada, of a character similar to this Act.’ The validity of section 6 was impeached on several grounds, and was held to transcend the powers of the Dominion Parliament, inasmuch as it purported to authorize the Attorney-General or his delegate to deprive persons against whom it was to be enforced of their liberty without “ [1906] A. C. 542. Followed as regards the deportation of Kanakas rom Queensland by the High Court in Robtelmes v. Brenan, 4 C., L. R. 395.

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