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

756 THE FEDERATIONS AND THE UNION [PART IV on the appeal from the provinces to the Dominion, ‘and Ontario has been anxious (for example in 1909) to reduce the cases in which appeal is allowed. As a Court of Appeal the Supreme Court is bound to take legal notice of the law of each Province of Canada,! but it is certainly striking that it should insist on refusing to hear appeals from the reference of constitutional questions by the Provincial Government to the Courts,? though this is provided for by the Provincial Acts, and these Acts provide that appeals shall lie, and treat them as final judgements in every way. Clearly a decision on appeal would bind the Courts below, but no doubt it is felt that the reference in such cases should be rather to the Privy Council as the final Court of Appeal. § 7. FINANCIAL RELATIONS Part viii of the British North America Act deals with the finances of the Federal and Provincial Governments. The revenues of the old provinces are made into a consoli- dated fund, except such portion as is reserved to the provinces or raised by them under the powers given by s. 92 of the Act, and that fund is permanently charged with the cost of collection, then with the interest of the provincial debts, and next with the salary of the Governor-General, fixed at £10,000 subject to alteration by the Parliament. After that rank appropriations made by the Parliament of Canada. All stocks, cash, bankers’ balances, and securities for money are transferred to Canada, and are to be taken in reduction of the public debt of each province, while the public works scheduled in the third schedule to the Act were transferred to Canada. Then? by s. 109 it is provided that all lands, mines, minerals, and royalties belonging to the several provinces, and all sums then due or pavable for such lands, t Logan. v. Lee, 39 8. C. R. 311 ; Cooper v. Cooper, 13 App. Cas. 88. t See Ontario Act, 1909, c. 52; Alberta Act, 1908, c. 9; Saskatchewan Rev. Stat., 1909, c. 57; and the Rev. Stat. of the Provinces of Quebec, Nova, Scotia, New Brunswick, Manitoba, and British Columbia. ¢ Of. Booth v. McIntyre, (1880) 31 U. C. C. P., at pp. 193, 194: Lefroy. op. éit., p. 614. as to what is a trust.

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