Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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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:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

CHAP, 1] THE DOMINION OF CANADA 673 tannot disallow state laws : the obvious answer is that it can ask the Imperial Government to do so, and that Govern- nent would have no hesitation in doing so if the Act violated in any way the Imperial compact. The principle determining the whole matter was indeed clearly laid down by the Privy Council in the case of Bank of Toronto v. Lambe,! in which it was held by the Privy Council that the Legislature of Quebec has power to impose a direct bax, under s. 91 (2) of the British North America Act, on incor- Porated companies doing business in the province. The argument was there raised that the tax might be so heavy that it would defeat the Dominion power to incorporate Companies at all, and such arguments had been used success- fully in the United States Courts. The Privy Council dis- missed it as beside the mark :— People who are trusted with the great power of making laws for property and civil rights may well be trusted to levy taxes : they have to construe the express words of an Act of Parliament which makes an elaborate distribution of the whole field of legislative authority between two legislative bodies, and at the same time provides for the federated provinces a carefully balanced constitution under which no one of the parts can make law for itself except under the control of the whole acting through the Governor- General. And the question they have to answer is whether One body or the other has power to make a given law. If they find that on the due consideration of the Act a legislative Power falls within s. 92, it would be quite wrong of them to deny its existence because by some possibility it may be abused or may limit the range which otherwise would be open to the Dominion Parliament? i The problem, then, is how to give each section a fair mean- ng, and neither to aggrandize the Dominion at the cost of the provinces, nor to make the Dominion helpless to carry Out its fundamental purposes. A few examples will illustrate the main lines of solution. "12 App. Cas. 575, followed in Fortier v. Lambe, 25 8. C. R. 22 This tase was cited with approval in Peterswald v. Bartley, 1 C. L. R. . 8 distinguished in Deakin v. Webb, 1 C. L. R. 585. _ PCE The Liquidators of the Maritime Bank of Canada v. The Receiver General of New Brunswick, [1892] A. C. 437, at pp. 441-3. 12799 '

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