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

CHAP, 1] THE DOMINION OF CANADA 715 
Parliament to provide for the liquidation of all building 
societies in Quebec, whether solvent or not, is beyond the 
competence of the Dominion Parliament.! 
(1) Navigation 
It is within the powers of the Provincial Legislature to 
incorporate companies for navigation purposes within a 
single province, though the exclusive right is negatived by 
the later decision of the Privy Council in the Colonial Building 
and Investment Association v. Attorney-General of Quebec? 
But though a Provincial Legislature may incorporate a boom 
company, it cannot authorize it to obstruct the navigation 
of a tidal and navigable river4 On the other hand, the 
legislature may exercise municipal and police control on 
navigable waters, and the municipality of St. John’s was 
held entitled to have its boundaries extended to the middle 
of a navigable river, and to tax the property added to its 
boundaries, while municipalities can be authorized to impose 
an annual tax on ferrymen or steamboat ferries,® and a 
water lot granted by a legislature is valid even when it 
extends into deep water, subject to its not interfering with 
navigation.” The subject has frequently formed the topic 
of comment by Ministers of Justice on Provincial Acts .® and 
' MoClanaghan v. St. Anne's Mutual Building Society, 24 L. C. J. 162; 
2 Cart. 237. For cases on the power, see Coté v. Watson, 3 Q. L. R. 157; 
2 Cart. 343; Kinney v. Dudman, 2 R. & C. 19; Peck v. Shields, 3 Cart. 
266 5 Shoolbred v. Clarke, 6 0. A. R. 639; 178. C. R. 265; Allen v. Hanson, 
18 8. C. R. 667; Quirt v. Reg., 198. C. R. 510; 170. R. 618; 170. A. R. 
452; Merchants’ Bank of Halifax v. Gillespie, 10 8. C. R. 312: Quick and 
Garran, Constitution of Commonwealth, pp. 586-93. 
* Macdougall v. Union Navigation Co., (1891) 21 L. C. J. 38; 2 Cart. 228. 
Ct. Lefroy, op. cit., pp. 640-6 ; Dinner et al. v. Humberstone. 26 8. C. R. 252. 
* 9 App. Cas. 157. 
* Queddy River Driving Boom Co. v. Davidson, 10 8. C. R. 222; 3 Cart. 
243, overruling McMillan v. South-west Boom Co., 12. & B. 715. 
8 Central Vermont Railway v. St. John's, 14 8. C. R. 288; 4 Cart. 326. 
> Longewil Navigation Co. v. City of Montreal, 15S. C. R. 566; 4 Cart. 370. 
" Normand v. St. Lawrence N avigation Co., 5 Q. L, R. 215: 2 Cart, 231. 
* CL. Provincial Legislation. 1867-95, pn. 558.
	        
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