Full text : The Constitution of Canada

240 DIVISION OF LEGISLATIVE POWER.

Public
Works.

Marine.

2. Public Works and Means of Communication.—The
Dominion has jurisdiction in all works that fall within any of
the following classes :—
(a) Ferries between a province and any British or
foreign country or between two provinces. s. 91 (13).
(6) Beacons, buoys, lighthouses, and Sable Island. s.
91 (9).
(c) Establishment and maintenance of marine hospitals.
 s. 91 (11). But each province has committed to it
“the establishment, maintenance and management of hospitals,
 asylums, charities, and eleemosynary institutes as and
for the province other than marine hospitals.” s 92 (7).
(d) The postal service. s. 91 (5).
(¢) Lines of steam or other ships, railways, canals,
telegraphs and other works and undertakings connecting
the province with any other or others of the provinces, or
axtending beyond the limits of the province. s. 92 (10).
(f) Lines of steam ships between the province and any
British or foreign country. s. 92 (10).
(9) Such works as, although wholly situate within the
province, are before or after their execution declared by the
Parliament of Canada to be for the general advantage
or for the advantage of two or more provinces. s. 92 (10).
3. Marine Matters—To the Dominion is committed :—
{a) Navigation and Shipping. =. 91 (10).
This clause gives power to confer jurisdiction on Admiralty
Courts, but such jurisdiction must be restricted to the territorial
 limits of the Dominion. ie. to within three marine miles
from the coasts’.
The Supreme Court of Canada held that this clause
excludes a province from conferring on a boom company
power to obstruct a tidal navigable river®.
t The Farewell, 7 Quebec L. R. 380; 2 Cart. 378.
2 See Queddy Boom Co. v. Davidson, 10 C. 8. C. 222. In McMillan v.
South-west Boom Co. N. B., Pugsley & Burbidge. 715; 2 Cart. 542, the oppote
 view was laid down.
            
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