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 719 and the Privy Council in the case of the prohibitory liquor laws 1 even allowed a province to forbid manufacture if its prohibition could be regarded in any one case as a merely provincial matter; while they did not think importation could be forbidden, because that would go beyond private or local matters solely. But they did not accept as a ground the view that prohibition of manufacture or importa- tion would interfere with Dominion powers? It follows also that even in cases where the Dominion Parliament could legislate, the Provincial Legislature can still legislate until the Dominion takes up the ground. That was decided in L’Union St. Jacques de Montréal v. Belisle? where a Provincial Act forced two widows to commute their existing rights to relieve an embarrassed society from danger of insolvency. So Sir J. Thompson 4 allowed a Nova Scotia Act of 1888 to remain in operation, though it regulated for prevention of disease the arrival of boats from one part of the province to another, because it was probably valid until it conflicted with an actual Dominion law, a principle quite different from the American rule that the silence of Congress on navigation and commerce means that no rule is to exist. (@) Local Legislation The power to regulate local matters under s. 92 (16) is a wide one, and includes all merely provincial concerns, whether extending over a province 5 or parts thereof.® The killing of game in Manitoba has been held local by the Queen’s Bench of that province.” The question is full of difficulties : public * [1896] A. C. 348, at p. 371. * This was taken as a ground by Strong C.J. in In re Prohibitory Liquor Laws, 24 8. C. R. 170, at P- 204; per King J.. at p. 262. * (1874) 8 P. C. 31. ' Provincial Legislation, 1867-95, p. 582. Cf. also pp. 946, 947; Lefroy, op. cit., pp. 683-8 ; ex parte Ellis, (1878) 1 P. & B. 593, at pp. 598, 599 ; Canadian Pacific Navigation Co. v. The City of Vancouver. 2 B. (, 193 : Ringfret v. Pope, 12 Q. L. R. 303. * Hodge v. The Queen, 9 App. Cas. 117. ¢ [1896] A. C. 348, at p. 365. * The Queen v. Robertson, (1886) 3 M. R. 613. Contrast Sir J. Thompson, Provincial Legislation, 1867-95, pp. 927. 930.

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