Full text: The Constitution of Canada

254 DIVISION OF LEGISLATIVE POWER. 
Dominion Parliament. If the words had been intended 
to have the full scope of which in their literal meaning 
they are susceptible, the specific mention of several of the 
other classes of subjects enumerated in section 91 would have 
been unnecessary, as 15, banking ; 17, weights and measures; 
18, bills of exchange and promissory notes; 19, interest ; and 
even 21, bankruptcy and insolvency.” 
“‘Regulation of trade and commerce’ may have been used 
in some such sense as the words ‘regulations of trade, in 
the Act of Union between England and Scotland (6 Anne 
c. 11), and as these words have been used in Acts of state 
relating to trade and commerce. Article V. of the Act of 
Union enacted that all the subjects of the United Kingdom 
should have “full freedom and intercourse of trade and 
navigation” to and from all places in the United Kingdom 
and the Colonies, and Article VI. enacted that all parts of the 
United Kingdom from and after the Union should be under 
the same prohibitions, restrictions and regulations of trade. 
Parliament has at various times since the Union passed laws 
affecting and regulating specific trades in one part of the 
United Kingdom only without its being supposed that it 
thereby infringed the Articles of Union. Thus the Acts 
for regulating the Sale of Intoxicating Liquors notoriously 
vary in the two kingdoms. So with regard to Acts relating 
So bankruptcy and various other matters,” 
“Construing therefore the words ‘regulations of trade and 
commerce’ by the various aids to their interpretation above 
suggested, they would include political arrangements in 
regard to trade requiring the sanction of Parliament, regula- 
tions of trade in matters of inter-provincial concern, and it 
may be that they would include general regulations of trade 
affecting the whole Dominion.” 
The above remarks of Sir Montague Smith in the impor- 
tant case of Citizens’ Insurance Co. v. Parsons® indicate the 
! I. R. 7 App. Cas. p. 112.
	        
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