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

754 THE FEDERATIONS AND THE UNION [Part 1V Privy Council both by special leave and as of right. Fresh Orders in Council were issued in 1910-1 in respect of Nova Scotia, New Brunswick, Manitoba (where a new Court of Appeal has been established), British Columbia (also from the Court of Appeal), Prince Edward Island (hitherto without any appeal as of right), Alberta, and Saskatchewan. In Quebec and Ontario appeals as of right are regulated by local Act. It should be noted that the Canadian Court has been reluctant to exercise the very wide functions entrusted to it since 1890 with regard to examining the constitutionality of legislation. The matter was discussed at some length in the case of the references as to prohibiting Sunday labour! It was then urged that, under the jurisdiction then conferred upon it, the Court should only deal with matters which had formed the subject of actual legislation, and not with matters which had not yet formed the subject of legislation, and the wording of the Act was relied upon, the other matters referred to it being held by the majority of the Court, Idington J. dissenting, to refer to other matters of the same class as those enumerated specifically, which appeared to contemplate the examination of existing legislation, and not speculative questions. It was pointed out in that case that the matters in which they had been consulted, such as the question of prohibitory liquor legislation? the validity of the bigamy sections of the Criminal Code, the rights of the Dominion and the provinces in the fisheries,* the representation of the provinces in the Dominion House of Commons.? and so forth, ' 358. C.R.581. It may be added that in the provinces also the Supreme Courts have imposed upon them by law the duty of giving opinions on the constitutionality of Acts, for the guidance of the Provincial Governments. In such cases, even by Provincial Act, no appeal lies to the Supreme Court ; see Union Colliery Co. v. Attorney-General of British Columbia, 27 S.C. R. 637. : 24 8. C. R. 170; carried to P. C., [1896] A. C. 348. } 278. C. R. 461 ; above, p. 376. + 26S. C. R. 444; [1898] A. C. 700; at p. 717, the Privy Council declined to pass orders on abstract questions affecting private rights; and cf. Attorney-General for Ontario v. Hamilton Street Railway Co., [19031 A. C. 524, at p. 529, for the same doctrine. * 338. C. R, 475 and 594 ; carried to P. C., [1905] A. C. 37.

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