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 OFF CANADA 743 his disapprobation of measures of this character, but there is a difficulty about your Excellency in Council giving relief in such cases without affirming a policy which requires your Excellency’s Government to put itself to a large extent in the position of the Legislature, and judge of the propriety of its acts relating to matters committed by the constitution to the exclusive legislative authority of the provinces. The principle has been well illustrated in two recent cases in Ontario, in both of which there was the question of the passing of Acts which took away a right claimed by private persons, and on which there was litigation. The former case involved a complicated question as to mining rights at Cobalt, and the facts were that some legislation of the province was clearly defective: the defects were taken advantage of by private persons, acting of course strictly within their legal rights, and the province legislated to defeat these rights, or pretended rights, at a time when the matter was before the Courts. In discussing the question of dis- allowance of the Acts 6 Edw. VII. ¢. 12 and 7 Edw. VII. c. 15, the Minister of Justice, Mr. Aylesworth, wrote as follows :—! It is not intended by the British North America Act that the power of disallowance shall be exercised for the purpose of annulling provincial legislation even though your Excel- lency’s Ministers consider the legislation unjust, or oppressive, or in conflict with recognized legal principles, £0 long as such legislation is within the power of the Provincial Legislature to enact it. He amplified this language in a speech made in the House of Commons, March 1, 19092 from which the following extracts are quoted as being in point — And in what I have to say upon the subject to-day I want, 30 far as possible, to discover the point of view which should t Provincial Legislation, 1904-6, p. 8. The action of Ontario in this and the next case is denounced by Goldwin Smith in his Reminiscences, and here is an opinion on the cases by Dicey in 45 C. L. J. 459 seq. See Canadian Annual Review, 1909, pp. 378-81. In allowing the Act of 1906 Mr. Aylesworth was certain that there was no intention of interfering with aXisting rights, and in fact the Privy Council in 1910 held that there was no existing legal right. * Canada House of Commons Debates, 1909, pp. 1750 seq. Cf. pp. 6920 seq.

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