266 IMPERIAL CONTROL OVER THE DOMINION. 
altering the number of members of the House of Commons 
has to be exercised in accordance with certain principles 
laid down in the Act. A province has greater power to alter 
its constitution than has the Dominion. 
Provincial 2. After the Dominion grants a constitution to a new 
Jonsitis- Province it cannot alter such constitution, 
Protective 8. The Dominion cannot impose any protective duties 
duties: as between provinces? 
4. The Dominion cannot tax any lands or property 
belonging to Canada or any Province®, 
5. Acts of the Parliament of Great Britain or of the 
Parliament of Great Britain and Ireland which were in force 
in any of the provinces at the time of the Union, can be 
repealed, abolished or altered only by Imperial legislation®, 
Seat of 6. The seat of the Government can be altered only by 
Govern- 16 Crown”. 
Imperial 
Legis- 
lation. 
2. Concurrent Power of Legislation. 
The Imperial Parliament has concurrent legislative 
power on all matters within the legislative jurisdiction of 
Canada and its Provinces. 
It is true that in Holmes v. Temple®, the Judge of the 
Quebec Sessions held that “exclusive” meant exclusive of 
the Imperial Parliament, and dismissed a prosecution for 
persuading a soldier to desert, brought under the Imperial 
Army Act of 1881, on the ground that the Dominion 
Parliament had “exclusive ” jurisdiction in matters relating 
to “militia, military and naval service and defence’;” but 
the Ontario Court of Queen’s Bench in another case® laid 
down the true principle, viz. that the word “exclusive” as 
+ 84 Vie. (i.) c. 28, 8, 2. 2 B. N. A. Act 1867, s. 121. 
$ Ib. 8. 125. 4 Ib. 8. 129. 5 Ib. 8. 16. 
38 Quebec Law Reports, 357; 2 Cart. 396. 
* B.N. A. Act, &. 91 (7). 
8 BR. v. College of Physicians and Surgeons of Ontario, 44 U. C. Q. B. 
364 ; 1 Cart. 761.