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

736 THE FEDERATIONS AND THE UNION [PART IV adopted by the Dominion in 1871 in the famous case of the Ontario Goodhue Estate Act of that year to confirm and validate the settlement of property under a will, but at variance with the intention of the testator. The Act was petitioned against, but the Dominion left it to operate, though the Ontario Court of Error and Appeal decided later that it was, though not wlirg vires, inoperative on account of the defects and omissions of its drafting! In 1876 also they consented to leave in operation the excellent Act (c. 28) passed by the Province of Manitoba in that year to get rid of the need- less and useless Second Chamber which the Dominion Parlia- ment had created for it in 1870. The Lieutenant-Governor pointed out what he thought legal and other objections to it, arising from the curious wording of the Imperial Act of 1871, but the Dominion Government were then of opinion that it would be contrary to the spirit in which the power of disallowance had been exercised to interfere with the opera- tion of the Act. They suggested, however, that it would be for the Legislature of Manitoba, if necessary, to petition the Crown for the validation of the Act by Imperial legislation. This was not done, nor does it seem to have been necessary, and in 1891 (c. 9) New Brunswick, and in 1893 (c. 21) Prince Edward Island removed their second Houses, though in the case of the latter province, in which the Second Chamber had been since 1862 elective, a compromise was made by which half the members were elected on a property basis, and half not. In 1892 a similar Bill was reserved and not assented to, because on principle it should not have been reserved. During the same period the Courts of Canada declared the powers of the legislatures absolute as to choice of methods within their own province,® and the Supreme Court of the Dominion actually laid it down in a judgement 4 that the assertion of 19 Gr. 366; 1 Cart. 560. * Canada Sess. Pap., 1877, No. 89, pp. 148-51, * Cf. re Goodhue, 19 Gr., at pp. 386 (per Draper C.J.), 418 (per Spragge C.), 152 (per Strong V.C.); Cowan v. Wright, 23 Gr., at P. 623 (per Blake V.C.), and see 4 0. A. R., at p. 100; 28. C. RB. 70, at p. 81. * Severn v. The Queen, 28. C. R. 70, at Pp- 96 (per Richards C.J.), 131 (per Fournier J.). Cf. Canada House of Commons Debates, 1889, pp. 822. 823.

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