2, War. 
3. State 
powers. 
Restric- 
tions. 
0 
INTRODUCTION. 
United States, and to the definition and punishment of pira- 
sles and felonies committed on the high seas, and of offences 
against the law of nations; whereas in Canada the whole 
Criminal Law, except the constitution of Courts of Criminal 
Jurisdiction, is practically within the jurisdiction of the 
Dominion. This course was adopted not from any distrust 
of the provinces, but from the desire to secure a uniform 
criminal code throughout the Dominion, so that a citizen 
in whatever part of the Confederation he might be would 
always know what was his position in regard to the Criminal 
Law. 
2. Congress can declare war, a power that in Canada 
selongs to the Crown. 
3. In the United States the powers not specifically dele- 
gated to the United States are within the jurisdiction of each 
State: in Canada the powers not specifically given to the 
Provinces are reserved to the Dominion. The Canadian prin- 
siple was adopted with the express object of strengthening 
the central government, and of preventing any question 
arising as to “state rights” or to the sovereignty of a pro- 
since. The exercise of the power of the Governor-General 
to veto a Provincial bill, on the ground of its infringing the 
settled policy of the Dominion, has however brought about a 
sonflict between Manitoba and the Dominion, though such 
sonflict tends to be peacefully settled. 
4. Certain restrictions exist on the legislative powers of 
Congress that are not found in Canada. That direct taxes 
should be in proportion to the census, or that no ex post 
facto law or bill of attainder should be passed, are principles 
binding on Congress but not on the Dominion Parliament. 
5. There is another class of restrictions imposed on the 
egislative power of Congress which though they embody prin- 
ziples that have been incorporated into the law do not apply 
;0 Canada. Canada respects freedom of speech, freedom of 
1 Debates on Confederation, p. 41.