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

700 THE FEDERATIONS AND THE UNION [Par tv Ontario ; 1 but in the sphere of its authority it can regulate procedure.2 On the other hand, a British Columbia Act (36 Viet. c. 2) was disallowed as an attempt to regulate criminal procedure® A Provincial Legislature can punish even by hard labour,* and the Attorney-General of the province is the proper person to prosecute in criminal cases? In Pillow v. The City of Montreal ® it was held that because a Provincial Act called an offence within the terms of the Act a © common nuisance ’, nevertheless that did not make it invalid, if the offence were not per se an indictable offence at common law. Again a Dominion Act? can punish frauds in the supplying of milk to cheese factories, but the Ontario Legislature 8 can impose sanctions for obeying such a rule as a matter of civil law, In virtue of their office, Lieutenant-Governors must have power to appoint provincial officers, including minor judicial officers, for the major offices are definitely removed from their sphere of action by the express terms of the Act of 1867, which vests the appointment of the judges of the Supreme, District, and County Courts in the Governor-General. The Governor-General has indeed a general delegation of the right to appoint judges and other officers, but this delegation is confined in practice to appointments to federal offices, as it is intended to be. The power of the province to legislate as to appointments of justices has been discussed in various cases ; it includes the right—but not the exclusive right—to ' Reg. v. Lawrence, 43 U. C. Q. B. 164; 1 Cart. 742. In Australia the position is different 5 ©. g. a man may be punished under a Common- wealth statute re posts and telegraphs, and also by the state under common law; see BR. v. Macdonald, 7 W. A. L. R. 149. * Pope v. Griffith, 16 L. C. J. 169; 2 Cart. 291 ; ex parte Duncan, ibid. 188; 2 Cart. 297; Page v. Griffith, 17 L. C. J. 302; 2 Cart. 308; Coté v. Chauveaw, 7 Q. L. R. 258 ; Lefroy, op. cit., pp. 463 seq. * Provincial Legislation, 1867-95, p. 1023. * Hodge v. The Queen, 9 App. Cas. 117, * Attorney-General v. Niagara Falls Footbridge Co., 20 Gr. 34. * (1885) M. L.R. 1 Q. B., at p. 401. " Reg. v. Wason, (1890) 17 O. A. R. 221. * Reg. v. Stone, (1892) 23 0. R. 46. Sec also Lefroy, op. cit, pp. 414, 15 5 McCaffrey v. Hall, (1891) 35 L. C. J. 98.

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