Object: The Constitution of Canada

228 DIVISION OF LEGISLATIVE POWER. 
Dominion or to the provincial Legislatures to legislate 
on certain subjects coming clearly within the class of subjects 
which either Legislature has a right to deal with, such 
power includes all the incidental subjects of legislation 
which are necessary to carry on the object which the BN.A. 
Act declared should be carried on by that Legislature. The 
determining of the age or of other qualifications required by 
those residing in the province of Quebec to manage their 
own business, or to exercise certain professions or certain 
branches of business attended with danger or risk for the 
oublic, are local subjects in the nature of internal police 
regulations ; and in passing laws upon those subjects, even if 
those laws incidentally affect trade and commerce, it must 
be held that this incidental power is included in the right 
fo deal with the subjects specially placed under their 
sontrol, the exercise of which cannot be considered to be 
unconstitutional *.” 
General 5. If a matter does not fall within any of the classes of 
powers of subjects assigned exclusively to the Legislatures of the 
provinces, then it is within the general power given to the 
Parliament of Canada “to make laws for the peace, order, 
and good government of Canada.” On this ground an Act 
of the Canadian Parliament introducing throughout the 
Dominion uniform legislation for the promotion of tempe- 
rance by prohibiting the sale of liquors, except under certain 
restrictions, where the inhabitants of a county or city adopted 
its provisions, is not witra wvires® This principle must 
however be taken subject to the qualification that the matter 
in question does mot fall within any of the restrictions 
imposed by the Act on the powers of the Dominion Parlia- 
ment. The Dominion Parliament, cannot for instance change 
! Dorion, C. J., in Bennett v. Pharmaceutical Association of Quebec, 
i Dorion Quebec Appeals 336, 2 Cart. 250. See also Ez parte Leveillé. Q. 
2 Stephens Dig. 445, 2 Cart. 849. 
! Russell v. the Queen. 46 IL. T.. N. S. 884.
	        
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