COLONIAL LEGISLATIVE POWER- supreme within limits of subjects and area, 177, et seq., 194 principle applicable to both Dominion and Provincial legisla- of parliament of Canada over N. W. Territories, 183, 347, 554-5 military matters, 378-9 copyright, 403 aliens, 406 territorial limits, 185, et seq. Canadian authorities, 188 a question of jurisdiction, 193 for the determination of courts of law, 11, 193, 202 in reference to "prerogatives"-See PREROGATIVES (See PARLIAMENT OF CANADA, PROVINCIAL LEGISLATURES) COLONIAL SYSTEM-See PRE-CONFEDERATION PROVINCES, TAXATION COMPANY- power of parliament of Canada in reference to incorporation of, (See NOTES TO B. N. A. ACT, s. 92, ss. 10 AND 11) CONCURRENT POWERS- question discussed, 214-7, 467, 480, 484 in relation to insolvency legislation, 216, 392 liquor traffic, 216 banks, etc., 215 bills of lading, 375 agriculture and immigration, 512 CONTINUATION OF LAWS, ETC., EXISTING AT UNION, 200, CONVENTIONS OF THE CONSTITUTION- federalism in colonial system, upheld by, 7 in relation to legislation by Imperial parliament for Canada, 66 same principle in pre-Confederated provinces, 41 applies to Dominion executive, 42, 320 and to provincial executive, 51, 320 how far based on legal sanction, 16 (n) · COURTS OF LAW- enforcement by, of legal limitations upon both legislative and executive action, 11, 223 legal limitations upon Imperial executive legal limitations upon colonial legislative international comity as recognized by, 224-5 jurisdiction of, territorially and otherwise, 225 (See JUDICIAL SYSTEM OF CANADA) CRIMINAL LAW, 407, 418- meaning of term in Canadian jurisprudence limited, 408, 478, et seq pre-Confederation laws, how divided, 410 difficult to distinguish from "organization," 416-8, 468 constitution of courts, 468 (See PENAL LAWS OF PROVINCES, JUDICIAL SYSTEM) CROWN-- of England, succession to, 244 power of Imperial parliament over, 134, 244 (See PREROGATIVES OF THE CROWN) D. DENOMINATIONAL SCHOOLS-See SEPARATE SCHOOLS DEPUTY GOVERNOR-GENERAL, 258 DICEY (Prof. A. V.)— his criticism of B. N. A. Act, 3 on the supremacy of parliament, 16 power of disallowance, 172 position of Colonial legislatures, 174 (n) on federalism, 175 DIRECT TAXATION-See B. N. A. Act, sec. 92, s-s. 2 What is? 425, et seq. provincial powers of taxation limited to, 431 DISALLOWANCE-- of Acts of parliament of Canada, 146, et seq. provisions of B. N. A. Act, 147-9, 299 DISALLOWANCE-Continued. of Acts of provincial legislatures, 171, 342 after lapse of year, nothing but Imp. Act can affect, 343 power of, not intended to obviate necessity for resort to no bearing on question of validity, ib. DIVISION OF POWER- between legislative and executive departments, 14, et seq. embodied in United States system, 17 carried out in early government of colonies, 31 (See BRITISH CONSTITUTION, UNITED STATES CONSTITUTION) expression criticized, 21, 45, 51, 257 DIVISION OF THE FIELD-(chapter IX.) in Canada (See B. N. A. ACT, PARLIAMENT OF CANADA, PROVINCIAL LEGISLA- TURES. DROIT ADMINISTRATIF-- in France and Switzerland, 14- DOMINION EXECUTIVE-248, et req. responsibility to parliament for disallowance of provincial Acts, 23 66 (See CABINET, GOVERNOR-GENERAL, PRIVY COUNCIL FOR CANADA) E. EDUCATION-489, et seq. ELECTIONS— pre-Confederation laws as to, continued, 284, 335, 619 to House of Commons, 283, 291 power of Dominion parliament to legislate respecting, 289 voters at, 286 Revising officers, 286 not subject to supervision of provincial courts, 240, 286 right to vote, not a civil right within B. N. A. Act, s. 92 (s-s. 13), 286-7 ELECTIONS-Continued. controverted elections, trial of, 288 not part of the administration of justice," 287 transferred to courts, 288-290 not subject to review in P. C., 289 voters, 286 controverted elections, 288 to municipal councils, 445 controverted elections, provincial legislature may legislate as to, 445 EMPLOYERS' LIABILITY ACTS- power of provincial legislature to pass, 375 ENGLAND, LAW OF— how far introduced into provinces, 75-128 N. W. Territories, 580-2 Manitoba, 597-601 British Columbia, 615-6 operative only in absence of Canadian legislation, 77 Nova Scotia decisions, 77-92 statutes creating charge in favor of Crown, 78 how colonial legislation affects the question, 88 Statute of Staples, 90 Partition Acts of Henry VIII., 90 Fraudulent Conveyances, 90 review of, 91 New Brunswick decisions, 92-91 Statute of Uses and Enrolment, 92 Mortmain, 93 other statutes, 93 review, 94 Ontario, 94-128 English law introduced by Canadian Enactment, 95, 96, 127, 128 certain Acts recognized without question, 97 statutes as to apprentices, 98 review, 100 certiorari, 100 Mortmain Acts, 101, et seq. Marriage Acts, 116 review, 119 ENGLAND, LAW OF-Continued. Acts of local application in Eng, not introduced, 120 criminal laws, 122, et seq. general review of Ontario cases, 126 as to prerogatives, 139 (See TABLE OF IMPERIAL STATUTES) ESCHEATS, 528 EVIDENCE- taking of, for use before foreign courts, 346 powers of Dominion and provincial legislatures, 474-5 "EXCLUSIVE"- term in section 91 B. N. A. Act, not intended as a renunciation by EXECUTIVE AUTHORITY- subordinate to legislature, 12, 46, 137, 144 (See LIEUT.-GOVERNOR) unity of, throughout the Empire, 249, 303 in reference to our judicial system, anomalous position of, 470 EXECUTIVE COUNCIL- Ontario and Quebec, 310 Nova Scotia and New Brunswick, 313 North-West Territories, 568 Manitoba, 591 British Columbia, 612, 614 Prince Edward Island, 623 liability of members of, 312 EXECUTIVE RESPONSIBILITY- to electorate through parliament, the British principle, 16 44 66 66 22 66 lack of, to congress, of United States executive, 18 growth of principles, of in pre-confederated provinces, 29-40 CAN. CON.-42 |