Full text : The Constitution of Canada

DISALLOWANCE OF ACTS. 175

drawn up by Sir J. A. Macdonald, the Minister of Justice in
1868, approved by the Privy Council’, and communicated to
the Legislatures of the different provinces.
“Tn deciding whether any acts of a Provincial Legislature Reasons
should be disallowed or sanctioned the Government must not Ay
only consider whether it affects the interests of the whole
Dominion or not; but also whether it be unconstitutional.
whether it exceeds the jurisdiction conferred on Local Legislatures,
 and in cases where the jurisdiction is concurrent
whether it clashes with the legislation of the General
Parliament, as it is of importance that the course of local
legislation should be interfered with as little as possible and
the power of disallowance exercised with great caution—only
in cases where the law and the general interests of the
Dominion imperatively demand it, the undersigned recommends
 that the following course be pursued :—
«That on receipt by Your Excellency of the Acts passed
in any Province they be referred to the Minister of Justice
for report, and that he with all convenient speed do report as
to those Acts which he considers free from objection of any
kind : and if such report be approved by Your Excellency in
Council that such approval be forthwith communicated to the
Provincial Government.
«That he make a separate report or separate reports on
those Acts which he may consider: —
1. As being altogether illegal or unconstitutional.
2. As illegal or unconstitutional in part.
3. In cases of concurrent jurisdiction, as clashing with
the legislation of the general Parliament.
4, As affecting the interests of the Dominion generally:
and that in such report or reports he gives his reasons for his
opinions.
«That where a measure is considered only partially defective
 or where objectionable as being prejudicial to the general

I Can. Sess. Pap. 1869, No. 18.
            
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