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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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

720 THE FEDERATIONS AND THE UNION [PART 1v health is felt to be local, inasmuch as a Bill for vaccination was not in 1869 proceeded with in the Dominion Parliament. (y) Municipal Institutions : The extent of authority given to the provinces by this subsection has now definitely been determined? as confined only to the powers expressly given to the legislatures by other headings. The power is one to constitute bodies, not to give these bodies all the wide authority which might have been granted before federation by the provinces. Of the other powers of the Canadian Parliament, the most disputed has been that of copyright, and that only because of the question whether a Dominion Act, in virtue of the Constitution Act, can repeal legislation on copyright existing by Imperial Act before 1867, a question clearly decided in the negative. It seems now clear that legislation under the enumerated powers of the Parliament can be made to apply to one locality only, if thought by the Parliament to be necessary there for the peace, order, and good government of Canada, and indeed this is obvious, for as the provinces cannot legis- late on the enumerated topics, there might else be a failure of legislation.® In regard to the general power, it must clearly be used as such, and must not intrude upon matter or sub- * House of Commons Debates, 1869, p. 64; Lefroy, op. cit., Pp. 654-661. Cf. Sir 0. Mowat’s withdrawal in 1897 of his Bill as to the employment of children ; Biggar, ii. 660, 661. * Attorney-General for Ontario v. Attorney-General for the Dominion, [1896] A. C. 348, at pp. 363, 364. Cf. Cooey v. Municipality of County of Broome, 21 L. C. J. 182, at p. 186. This decision overrules many older dicta (e.g Strong C.J. in 24 8. C. R. 150. 151): see Lefroy, op. cit., pp. 706. 398. note 1. 43-9, 54-61. * See Part II, chap. iii; Provincial Legislation, 1867-95, pp. 30-584, 1281-1313 ; Quick and Garran, Constitution of Commonwealth, pp. 593-6. * Lefroy, op. cit., pp. 567 seq. ; Quick and Garran, op. cit., pp. 513,514 ; Harrison Moore, Commonwealth of Australia,® pp. 284, 285; Loranger, Interpretation of the Federal Constitution (Quebec, 1884), maintained that unless an Act affected all the provinces it was merely local and ultra vires the Dominion,

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