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 755 all concerned actual legislation, but they consented on that occasion to give replies to the questions submitted. The Government, however, took the precaution of amending the Act by 6 Edw. VIL c. 50, so as to require an opinion on any question whether legislation had taken place or not, and the Court in a recent case ! decided to give an opinion upon that basis, although they intimated some doubt as to whether they were bound to do so, and whether the statute was within the constitutional powers of the Dominion Parliament ; indeed Girouard J. only concurred because the discussion bound nobody, not even themselves ! Idington, Davies, Duff, and Anglin all expressed dissatisfaction with the position, but deferred to the statute. The question has again been raised in a concrete form by the appeal to the Privy Council of the provinces from the decision of the Supreme Court that it is part of its duty to, and that it will consider the general reference made to it by the Dominion Government as to the powers of companies incorporated by provinces and of companies incorporated by the Dominion or other authority. It may be added that during the passing through the House of Representatives of the similar Commonwealth Act, No. 34 of 1910, some doubt was expressed as to the power of the Commonwealth so to legislate, but Sir John Quick did not press the matter, on the ground that the legislation was useful and desirable. There has been, of course, a very large number of cases 2 * In re Criminal Code, (1910) 43 8. C. R. 434. Cf. Lefroy, p. 126, n. 1; 586, n. 1; House of Commons Debates, 1890, pp. 4083 seq. ; 1893, pp. 1790 seq. * These cases consider merely interpretation of the statutes of Canada on the point, and are of no general importance ; see for example, Toronto Railway Co. v. Balfour, 32 8. C. R. 239; Finnie v. City of Montreal, ibid., 335; Town of Aurora v. Village of Markham, ibid., 457 ; Rice v. The King, ibid., 480; Hartley v. Matson, ibid., 575; Union Colliery Co. v. Attorney- General of British Columbia, 27 8. C. R. 637 (no appeal lies from a decision on 8 constitutional question submitted to the Court of British Columbia under 34 Vict. c. 5, though it is deemed to be a judgement—for it is not really one) ; Lake Erie and Detroit River Radway Co. v. Marsh, 35 S. C. R. 197; Gilbert v. The King, 38 8. C. R. 284 ; James Bay Railway Co. v. Armstrong, ibid., S11; Hamel v. Hamel, 26 8. C. R. 7 ; Turcotte v. Dansereau, 24 S. C. R. 578. D2

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