The Canadian Constitution in Form and in Fact

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Columbia University Press, 1923 - 77 pages
Presents four lectures from 1923 which were intended to compare the actual to the apparent Constitution of Canada.

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Page 11 - The establishment, maintenance and management of public and reformatory prisons in and for the province; 7. The establishment, maintenance and management of hospitals, asylums, charities and eleemosynary institutions in and for the province other than marine hospitals; 8.
Page 12 - The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section: 16.
Page 11 - Legal tender. 21) Bankruptcy and insolvency. 22) Patents of invention and discovery. 23) Copyrights. 24) Indians, and lands reserved for the Indians. 25) Naturalization and aliens. 26) Marriage and divorce. 27) The criminal law, except the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters.
Page 10 - 3. The Raising of Money by any Mode or System of Taxation. " 4. The Borrowing of Money on the Public Credit. " 5. Postal Service. " 6. The Census and Statistics. " 7. Militia, Military and Naval Service and Defence. " 8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada.
Page 3 - The power and jurisdiction of parliament, says Sir Edward Coke ... is so transcendent and absolute, that it cannot be confined, either for causes or persons within any bounds.
Page 3 - The Indian Legislature has powers expressly limited by the Act of the Imperial Parliament which created it, and it can, of course, do nothing beyond the limits which circumscribe these powers. But, when acting within those limits, it is not in any sense an agent or delegate of the Imperial Parliament, but has, and was intended to have, plenary powers of legislation4, as large, and of the same nature, as those of Parliament itself.
Page 11 - ... 2) Direct taxation within the province in order to the raising of a revenue for provincial purposes. 3) The borrowing of money on the sole credit of the province. 4) The establishment and tenure of provincial offices, and the appointment and payment of provincial officers. 5) The management and sale of the public lands belonging to the province, and the timber and wood thereon.
Page 51 - The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
Page 17 - There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen's Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General...
Page 26 - Our behalf, grant a pardon to any accomplice in such crime or offence who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders, if more than one ; and further...

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