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 717 (WY Dominion and Provincial Delegation The Provincial Legislatures, as has been seen above, are not delegates of the Dominion Parliament or of the Imperial Parliament, and they can freely delegate their authority to the extent indicated in H odge v. The Queen? So in Attorney- General of British Columbia v. Milne? it was laid down that the Health Act of British Columbia, which permitted the Lieutenant-Governor in Council to make regulations regard- ing Boards of Health, was intra vires the legislature. It is not, however, clear how far such delegation can proceed : could a Provincial Legislature set up another body with the Same powers by enacting that its regulations on the topics in s. 92 should be law ? That would probably be ultra vires 4 : the legislature can change its constitution, but not create two legislatures, hence the matter must rest on hypothesis. Again, the Dominion Parliament can make its laws dependent on action by the Provincial Parliaments. Thus in Reg. v. O'Rourke ® was upheld the validity of the Dominion Act, 32 & 33 Viet. c. 29, s. 44, which permitted the qualifications of jurors to be decided by provincial Acts, although the qualification of jurors is essentially a Dominion power.” So 8. 308 of the Dominion Railway Act of 1888 (51 Vict. c. 29) allowed the Governor-General to confirm Acts of the Pro- vincial Legislature which had been passed before 1888 to regulate railways declared by Canadian Act to be for the public benefit of Canada, and thus falling under the sole control of the Canadian Parliament. Such delegation by legislatures to municipal bodies is clearly legal, despite the fact that it really deprives the Crown See Part IIT, chap. i. * 9 App. Cas. 117. * (1892) 2 B. C. (Hunter) 196. * CL. The Queen v. Burah, 3 App. Cas. 889, at p. 905 ; Begbie C.J. in the Thrasher case, 1 B. C. (Irving), at p. 175. * Cf. Mr. H. Davey’s argument in Hodge v. The Queen, Canada Sess. Pap., 1884, No. 30, p. 10; Lefroy, op. cit., pp. 689-700. ° (1882) 32 U. C. 0. P. 388; 10. R. 464. So held also in Req. v. Prevost, 1885) 29 L, C. J. 253. " Provincial Legislation, p. 1125 (Sir J. Thompson on British Columbia Act, 1891. c. 14)

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