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 677 was much divided in opinion ; three judges out of five held that the provinces had none of the powers suggested, but two thought that they had all except the power to prohibit manufacture and importation. The Judicial Committee ! held that the Act of Ontario was valid except in the parts of the province where the Canada Temperance Act might come into force. They doubted whether the province could ever prohibit the importation of liquor, but it might perhaps forbid the manufacture, if that could be treated as a pro- vincial matter. They laid down, however, a great principle as governing the case, viz. that while the Federal Parliament has a general legislative power over Canada in addition to the express authority given in s. 91 by specification, the general authority must not trespass on the subjects within the exclusive powers of the provinces under s. 92, while in the case of the powers given under s. 91 specifically they eould be exercised, though incidentally they interfered with the exclusive powers of the provinces : they thought such interference was due not to any direct collision of powers, but to the fact that a thing might be looked at from different points of view. The Canada Act was not a regulation of trade and commerce, for it aimed at destroying trade and commerce, but was valid under the general power given by 8. 91. The result of the decision has certainly been to leave the subject in a profound state of confusion, and the petitions of the English provinces for prohibition by the Parliament have hitherto been neutralized by the obstinate objections of Quebec, which is the support of the Prime Minister.2 A Manitoba Act of 1900 (c. 22) regulating the traffic, which the Provincial Court of King’s Bench pronounced ultra vires, has been held intra vires, though interfering with the Dominion revenue and indirectly with business relations outside the province, as dealing with a local matter? A referendum *19L.N.139; [1896] A. C. 348 ; Wheeler, pp. 1042 seq., gives a verbatim account of the proceedings. * Canada House of Commons Debates, 1899, i. 95. ® Attorney-General for Manitoba wv, Manitoba Licence Holders’ Association. [19021 A. C 72

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