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 723 bo it, though such regulation may trench incidentally on civil rights : thus if bankruptcy is a part of the federal power it must necessarily in many ways interfere with civil rights,! but at the same time it is not illegal for a province to extend the period within which a company may perform its obliga- tions because it thus enables the company to escape from the operation of the federal bankruptcy law for the time being? Tt is clear that in Australia the case would have, under the present principles of interpretation. been decided in the opposite manner. In testing the validity of a Provincial Act, the first step is to see if it falls under any of the heads given in s. 92, and if that is prima facie the case, to see whether or not the power to deal with the matter is exclusively the power of the Federal Parliament under 8. 91 of the Constitution, in which case the Provincial Act loses validity. Then there are many cases where the province and the Federal Parlia- ment have power in different aspects : to quote a case suggested by Lord Watson? the province might legislate to prevent the sale of arms in the province, or their being carried by young persons, but the general traffic in arms, tho carrying of arms with seditious intent, would fall under the powers of the Dominion. Of course, when both Acts are cqually valid considered by themselves, and neither is invalid in itself, the result is that if they cannot be construed together the Provincial Act must give place, not as being in itself invalid, but as the law of the inferior body, a principle which, it is important to note, is not, as in the case of the Commonwealth, laid down in the constitution, but is a mere rule of law adopted by the Privy Council, and binding on all the Courts.4 Parliament in Canada has recognized on t Cushing v., Dupuy, 5 App. Cas. 409, decides that the Dominion Parlin. tent could provide, by Act 40 Viet, c. 41, s. 28, that the decision of the Court of Insolvency should be final, and that such a provision did not inter- fore with the powers of the Quebec legislature under s, 91. ! L' Union St, J acques de Montréal v. Belisle, 6 P, C. 31. ® In the Prohibitory Liquor Laws case. 19 I. N. 139; [1896] A. C. 348, at p. 362. ‘ [1896] A. C. 366; La Compagnie hydraulique de St, Frangois v, Con- tinental Heat and Laight Co., [1909] A. C. 194 3 Lefroy, op. cit., pp. 526 seq. M2

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