Full text : The Constitution of Canada

ADMINISTRATION.

239

for objects strictly municipal or local in character, and does
not extend to licenses on manufactures, such as brewers’
licenses™.
A license is to a certain extent an interference with Licenses
“trade and commerce,” but such right of interference is 7 tue.
implied, and therefore a license tax on butchers keeping ih, nd
stalls in the city of Montreal elsewhere than in the public oo
market was held valid®
But to require a license from the person authorized by Interthe
 Dominion Parliament to sell goods under the Dominion iy ee
Insolvency Act was regarded as an interference with the ra
Dominion’s power over “ bankruptcy and insolvency®.” iy
In the earlier cases it was suggested that a province
could legislate only in regard to licenses for the purpose
indicated in clause 9; viz. the raising of a revenue, but in
Regina v. Frawley® it was pointed out by Spragge, C. J,
that clause 9 was cumulative to clause 8, relating to municipal
 institutions, and that a province had therefore power
to legislate for the prevention of intemperance, the preservation
 of order, and other matters of police, and such legislation
might be carried into effect by means of licenses.
6. ADMINISTRATION.
Under this head may be classified matters relating to (1)
Public Safety, (2) Public Works and Means of Communication,
 (3) Marine Matters, (4) Matters of State Management.
and (5) the Civil Service.
1. Public Safety.—The Dominion has sole jurisdiction
over
(a) The militia, military, and naval service and defence.
8. 91 (7).
(b) Quarantine. s.91 (11).
\ Severn v. The Queen, 2 Can. 8. C. R. 70; 1 Cart. 414.
* Angers v. City of Montreal, Q. 24 Li. C. Jurist, 259; 2 Cart. 335,
3 Coté v. Watson, 3 Quebec Li. R. 157; 2 Cart. 343.
t 0.7. App. Rep. 246.
            
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