226 DIVISION OF LEGISLATIVE POWER.
falling within these classes of subjects exists in each Legis-
lature, and to define in the particular case before them the
limits of their respective powers. It could not have been
the intention that a conflict should exist; and in order to
prevent such a result the two sections must be read together,
and the language of the one interpreted, and where necessary
modified, by that of the other. In this way it may in most
cases be found possible to arrive at a reasonable and prac-
ticable construction of the language of the sections so as
to reconcile the respective powers they contain and give
effect to all of them. In performing this difficult duty it
will be a wise course for those on whom it is thrown to
decide each case which arises as best they can, without
entering more largely upon the interpretation of the statute
than is necessary for the decision of the particular question
in hand.”
Before attempting to arrange or discuss the various
legislative powers, attention may be called to some general
principles that ought to be borne in mind, and which are
suggested either by the Act itself or by judicial decisions of
the Judicial Committee and of the Canadian Courts.
1. Though the 91st section of the Act professes to give
“ exclusive ” legislative authority to the Dominion Parlia-
ment on the matters specified, such authority is “exclusive”
only of provincial Legislatures, and does not affect the supreme
legislative power possessed by the Imperial Parliament over
all the dominions of the Crown. In other words, the Imperial
Parliament still retains co-ordinate legislative power in all
matters assigned to either the Dominion or the provincial
Legislatures’.
oni 2. By the Imperial Act 28 and 29 Vie. c. 63, intituled
and “An Act to remove Doubts as to the validity of Colonial
a Laws,” it is enacted that any Colonial law “repugnant to
tion. the provisions of any Act of Parliament extending to the
I See for 8 fuller discussion of this point post ¢. xxi.
