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

718 THE FEDERATIONS AND THE UNION [PART TV of its negative voice in legislation! a difficulty often seen in cases of municipal action in British Colonies against Indians and natives, which cannot be controlled by the Crown. (w) The Plenary Power of the Provinces Similarly the Provincial Legislatures are not hampered by considerations of non-interference with Dominion powers, or vice versa, which have been used to regulate the division of powers in Australia. That was laid down once and for all in Bank of Toronto v. Lambe? when the analogy of American decisions was decisively rejected, but it had been asserted in a series of inferior Canadian cases® that the provinces could not tax the salary of a Dominion official, a doctrine decisively rejected by the Supreme Court of Canada 4 when the point came before it. The same principle of the equality of province and Dominion in their own lines is asserted in The Liquidators of the Maritime Bank of Canada v. The Receiver-General for New Brunswick? The principle asserted in Coté v. Watson 8, that a Provincial Legislature could not raise a tax on the sum realized from the sale of an insolvent’s effects, cannot now be upheld in view of The Brewers’ and Maltsters® Association of Ontario v. The Attorney- General for Ontario.” So again the wide sense given to the trade and commerce power in Severn v. The Queen 8 as forbidding a licence fee on brewers is shown to be untenable by the later decisions, ! Cf. Mr. H. Davey in Canada Sess. Pap., 1888, No. 30, p. 113. Similarly in England there is now no veto on municipal by-laws, though such a veto was contained in the Municipal Reform Act, 1835, 5 & 6 Will. IV. c. 76. 3. 90. * 12 App. Cas. 575. See also Lefroy, op. cit., pp. 662-82. ! Leprohon v. City of Ottawa, (1877-8) 40 U. C. Q. B. 478; 2 0. A. R. 522; cf. ex parte Owen, (1881) 4 P. & B. 487 5 Ackman v. The Town of Moncton, (1884) 24 N. B. 103; Reg. v. Bowell, (1896) 4 B. C. 498. Abbott v. City of St. John, 40 8. C. R. 597. ® [1892] A. C. 437. * (1877) 3 Q. L. R. 157. " [1897] A. C. 231. For a curious case of an ineffectual attempt to over- ride a Privy Council decision ([1907] A. C. 315), see Toronto Corporation v. Toronto Railway, [1910] A. C. 312, as to Ontario Act, 1908, c. 112. + (1878) 28. C. R. 70. Cf. Gray J. in Tai Sing v. Maguire, (1882) 1 B, C. (Irving), at p. 106.

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