THE LAW OF

LEGISLATIVE POWER

IN CANADA

BY

Amantis Henry Frazer

A. H. F. LEFROY, M.A., (Oxon.),

OF THE INNER TEMPLE, LONDON, AND OSGOODE HALL, TORONTO,

BARRISTER-AT-LAW,

TORONTO:

THE TORONTO LAW BOOK AND PUBLISHING COMPANY, LIMITED.

1897-8.

Can 105,57

24

Summer fund.

Fntered according to Act of the Parliament of Canada, in the year one thousand eight hundred and ninety-seven, by Augustus Henry Frazer Lefroy, at the Department of Agriculture.

TO THE MEMORY OF

SIR JOHN BEVERLEY ROBINSON, Bart.,

FORMERLY CHIEF JUSTICE OF UPPER CANADA

THIS WORK IS DEDICATED

ALBEIT AN UNWORTHY TRIBUTE

BY HIS GRANDSON

THE AUTHOR.

PREFACE.

The primary aim I have had in view in writing this book has been to extract from the reported decisions on the British North America Act all that is to be found therein of general application upon the law governing the distribution of legislative power between the Dominion parliament and the various provincial legislatures of Canada, to formulate the results so arrived at in general Propositions, and to point out in the notes thereto the authorities upon which these Propositions respectively rest, all decisions and dicta which illustrate them, and any which are, or appear to be, at variance with them. I have, however, freely resorted also to reports of Ministers of Justice, and other State documents, the verbatim reports of arguments before the Judicial Committee of the Privy Council, and all other sources from which can be derived suggestion or illustration upon the subject dealt with. In this way I have endeavoured to set forth, in ordered form, and as concisely as possible without sacri