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 Legis- 
latures, 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 recom- 
mends 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 defec- 
tive or where objectionable as being prejudicial to the general 
I Can. Sess. Pap. 1869, No. 18.
	        
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