CHAP. 1] THE DOMINION OF CANADA 711
liability for injuries to their employees! It was argued on
behalf of the Grand Trunk Pacific Railway Company that
this was essentially a matter to be governed by provincial
legislation, but it was held by both Courts that the legislation
was within the power of the Dominion, which alone could
make a law for the whole Dominion, and that it was both
reasonable and convenient that the Dominion Parliament
should have such power, thus preventing difference of
treatment according to the locality in which an accident
to an employee took place.
Another instance of the same question is afforded by the
case of the Toronto Corporation v. Canadian Pacific Railway
Company? Under the Railway Act of Canada, the Railway
Committee of the Privy Council was empowered to require,
where it thought fit, that crossings should be protected either
by gates or by the building of bridges and so forth, and it
was also enacted that the Dominion could apportion between
the railway company and other persons interested the cost
of such protection. Accordingly the Railway Committee
did apportion the cost between the railway company and
the Corporation of Toronto, and the corporation protested on
the ground that it had no authority to make payments save
under the Provincial Acts regulating it. But it was held
both by the Supreme Court of Canada? and by the Privy
Council that the power given by the Dominion Act was
intra vires and was effective, even if the municipality was
not physically adjacent to the railway.
Subsection 10 (c) of s. 92 gives the Dominion power to
legislate with regard to such works as, though wholly situate
within the province, are before or after their execution
declared to be for the general advantage of Canada or for
t Grand Trunk Railway Co. v. Attornen-General of Canada. [1907]
A.C. 65.
* [1908] A. C. 54.
* The City of Toronto v. Grand Trunk Railway Co, 378. C. R. 232; cf. 25
0. A. R. 65.
* The City of Carleton v. The County of Ottawa, 41 8. C. R. 552. On the
power of Canada to take over provincial railways under s. 92 (10). see
Lefroy, op. cit., pp. 603-5.
