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.