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 741 Pacific line was a work for the general advantage under 3. 92 (10) of the British North America Act, and that by the declaration the matter had been definitely removed from the jurisdiction of the Provincial Legislature and assumed bo be within the cognizance of the Dominion, that the work proposed to be carried out was essentially a Dominion work, and therefore the whole of the Manitoban action was hope- lessly illegal. The Supreme Court decided unanimously against this contention, holding that the Provincial Act was clearly valid, and that the railway constructed under it was entitled to cross the Canadian Pacific Railway subject to the approval of the Canadian Railway Commission, as provided by the Canadian Railway Act of 1888.1 On the other hand, there was no disallowance of the remark- able Act of the Province of Quebec in 1888 (c. 18), which granted the Jesuits a compensation for the estates which were baken from them by the annexation of Canada, and which they had vainly desired to have restored to them. There was much bitterness in Canada as to this action, and pressure was brought to bear on the Government to disallow, but the Government declined to do so, on the ground that it was essentially a fiscal matter for the decision of the Government of the province and its Legislature, a decision which naturally Was probably in part due to motives of policy with regard to the treatment of Quebec. Nor in 1890 was the Manitoba Act, which opened the long dispute as to education in that Province, disallowed, but in that case it must be remembered that the provincial right to legislate was subject to positive limits, which could be enforced by the Courts, and which in the long run could be made good by the action of the Legis- lature of Canada under the powers conferred by the Act constituting the Province of Manitoba. But a change has certainly come over the spirit of the “12L.N. 4,5; Cass. Dig.* 487. * Canada House of Commons Debates, 1889, pp. 811-910; Provincial Legisiation, 1867-95, pp. 386 seq. ; Hopkins, Sir John Thompson, pp. 116= 36; Willison, Sir Wilfrid Laurier, ii. 40-6. * See Provincial Legislation, 1867-95, pp. 947-9 ; Hopkins, op. cit., pp. 255-70

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