CASES DECIDED ON THE BRITISH NORTH AMERICA ACT, 1867. |
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Page 3
... deals with the local tribunals , it says that the Court of Review shall pass the final judgment . But the Crown is nowhere alluded to , and the right of appeal to the Crown on the one hand , and the prerogative of ( 1 ) L. R. 3 P. C. ...
... deals with the local tribunals , it says that the Court of Review shall pass the final judgment . But the Crown is nowhere alluded to , and the right of appeal to the Crown on the one hand , and the prerogative of ( 1 ) L. R. 3 P. C. ...
Page 17
... deals . The provision that certain parts of the Act shall come into operation only on the petition of a majority of electors does not confer on these persons power to legislate . Parliament itself enacts the condition , and everything ...
... deals . The provision that certain parts of the Act shall come into operation only on the petition of a majority of electors does not confer on these persons power to legislate . Parliament itself enacts the condition , and everything ...
Page 20
... deal with that matter . If the argument of the appellant , that the power given to the Provincial Legislatures to raise a revenue by licenses prevents the Dominion Parliament from legislating with regard to any article or 20 PRIVY COUNCIL .
... deal with that matter . If the argument of the appellant , that the power given to the Provincial Legislatures to raise a revenue by licenses prevents the Dominion Parliament from legislating with regard to any article or 20 PRIVY COUNCIL .
Page 24
... of each town or parish to regulate the sale of liquor , and to direct for whom , for what purposes , and under what ( 1 ) 3 Pug . & B. 139 . conditions spirituous liquors may be sold therein , deals with 24 PRIVY COUNCIL .
... of each town or parish to regulate the sale of liquor , and to direct for whom , for what purposes , and under what ( 1 ) 3 Pug . & B. 139 . conditions spirituous liquors may be sold therein , deals with 24 PRIVY COUNCIL .
Page 25
... deals with the subject as one of general con- cern to the Dominion , upon which uniformity of legislation is desirable , and the Parliament alone can so deal with it . There is no ground or pretence for saying that the evil or vice ...
... deals with the subject as one of general con- cern to the Dominion , upon which uniformity of legislation is desirable , and the Parliament alone can so deal with it . There is no ground or pretence for saying that the evil or vice ...
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Cases Decided on the British North America Act, 1867: Vol. V John R. Cartwright No preview available - 2017 |
Common terms and phrases
37 Vict 91st section appeal appoint argument authority B. N. A. Act Brunswick by-law Canada Temperance Act CITY OF FREDERICTON civil rights classes of subjects clause common law Confederation Constitution conviction Council County Court criminal Crown declared defendant Dominion Parliament effect enactment EX PARTE DANSEREAU exclusive right exercise fisheries force Government grant Gwynne hard labour Imperial imprisonment insolvency intoxicating liquors Judge judgment jurisdiction Justice lands lease Legis Legislative Assembly legislative power letters patent license Lower Canada matters ment Miramichi river municipal navigable Nova Scotia offence Ontario opinion Parlia Parliament of Canada passed penalty persons petitioner plaintiff Prince Edward Island privileges Privy Council prohibit Province of Quebec Provincial Legislature provisions punishment purpose question Ramsay reference REGINA repealed respect right of fishing Ritchie ROBERTSON schools sect section 91 soil statute sub-section Supreme Court Temperance Act tion trade and commerce ultra vires vested warrant writ
Popular passages
Page 598 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in I the manner most beneficial to the people.
Page 450 - Local Works and Undertakings other than such as are of the following Classes: — a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province...
Page 42 - 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 32 - And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislature of the Provinces.
Page 269 - Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.
Page 35 - It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces...
Page 540 - 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 337 - Shop, Saloon, Tavern, Auctioneer, and other Licenses in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes.
Page 451 - In and for each Province the legislature may exclusively make laws in relation to education, subject and according to the following provisions: 1) Nothing in any such law shall prejudicially affect any right or privilege with respect to denominational schools which any class of persons have by law in the Province at the union...
Page 652 - The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters.