Full text: Responsible government in the Dominions (Vol. 2)

CHAP, I] THE DOMINION OF CANADA 671 
Uniformity of Laws in Ontario, Nova Scotia, and New 
Brunswick 
94. Notwithstanding anything in this Act, the Parliament 
of Canada may make Provision for the Uniformity of all or 
any of the Laws relative to Property and Civil Rights in 
Ontario, Nova Scotia, and New Brunswick, and of the Pro- 
cedure of all or any of the Courts in those Three Provinces, 
and from and after the passing of any Act in that Behalf the 
Power of the Parliament of Canada to make Laws in relation 
to any Matter comprised in any such Act shall, notwith- 
standing anything in this Act, be unrestricted; but any 
Act of the Parliament of Canada making Provision for such 
Uniformity shall not have effect in any Province unless and 
until it is’ adopted and enacted as Law by the Legislature 
thereof 1 
Agriculture and Immigration 
95. In each Province the Legislature may make Laws in 
relation to Agriculture in the Province, and to Immigration 2 
into the Province : and it is hereby declared that the Parlia- 
ment of Canada may from Time to Time make laws in 
relation to Agriculture in all or any of the Provinces, and to 
Immigration into all or any of the Provinces ; and any Law 
of the Legislature of a Province relative to Agriculture or to 
Immigration shall have effect in and for the Province as long 
and as far only as it is not repugnant to any Act of the 
Parliament of Canada. 
The expectations, if they really held them—for 8. 91 (16) 
seems to show that they realized the prospect of conflict—of 
the framers of the Act have not been realized. The number 
of cases which have been raised and decided on the Act is 
almost appalling, and it is really a serious matter for con- 
sideration when the advantages of the form of federal govern- 
ment are considered. Indeed, the complication resulting 
was one of the main reasons why the framers of the Union 
of South Africa definitely decided to abandon any idea of 
having provinces in that country. 
There is only one really ruling principle of interpretation 
which has been adopted by the Privy Council in its many 
1 This action has never been taken : soe Lefroy, op. cit. pp. 315, note 1, 
375, note 2. 
! This ower has been practically never successfully exercised.
	        
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