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COLONIAL LEGISLATIVE POWER-

supreme within limits of subjects and area, 177, et seq., 194

principle applicable to both Dominion and Provincial legisla-
tures, 181-3, 194, 201-2, 324

of parliament of Canada over N. W. Territories, 183, 347, 554-5
subject to sovereignty of England, 183-5, 192, 245
limitations in respect of subject-matter, 7, 74

military matters, 378-9
navigation, 381

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
division of the field in Canada-See B. N. A. ACT

in reference to "prerogatives"-See PREROGATIVES

(See PARLIAMENT OF CANADA, PROVINCIAL LEGISLATURES)

COLONIAL SYSTEM-See PRE-CONFEDERATION PROVINCES, TAXATION
COMMONS-See HOUSE OF COMMONS

COMPANY-

power of parliament of Canada in reference to incorporation of,
353, 449

(See NOTES TO B. N. A. ACT, s. 92, ss. 10 AND 11)
Dominion, how far subject to provincial law, 353, 453, et seq., 464

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,
534, 553-See B. N. A. ACT

CONVENTIONS OF THE CONSTITUTION-

federalism in colonial system, upheld by, 7

in relation to legislation by Imperial parliament for Canada, 66
executive responsibility to parliament of United King-
dom, 16

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
authority, 11

legal limitations upon colonial legislative
authority, 11, 193, 202

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
common law crimes assigned to Dominion parliament, 410

pre-Confederation laws, how divided, 410

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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
colonial legislature no power over, 184, 245

(See PREROGATIVES OF THE CROWN)

D.

DENOMINATIONAL SCHOOLS-See SEPARATE SCHOOLS

DEPUTY GOVERNOR-GENERAL, 258
Lieut. Governor, power to appoint, 321

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
(See LICENSES.)

DISALLOWANCE--

of Acts of parliament of Canada, 146, et seq.
"conventional" limits, 146, 174

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
responsibility for, to Parliament 23

power of, not intended to obviate necessity for resort to
courts, 172, 342. 397

no bearing on question of validity, ib.

DIVISION OF POWER-

between legislative and executive departments, 14, et seq.
"literary theory" as to, in England, 14, 29
Bagehot on, 15

embodied in United States system, 17

carried out in early government of colonies, 31

(See BRITISH CONSTITUTION, UNITED STATES CONSTITUTION)
under a federal system

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
appointment and removal of Lieut.-Governors- See LIEUT.-GOVERNOR
relations to Lieut.-Governors, 307-8, 309, 320

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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
Dominion and provincial systems dissevered, 286

voters at, 286

Revising officers, 286

not subject to supervision of provincial courts, 240, 286
(See JUDICIAL SYSTEM.)

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

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not part of the administration of justice," 287

transferred to courts, 288-290

not subject to review in P. C., 289
to provincial assemblies, 385

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
in curtailment of prerogative, 87

how colonial legislation affects the question, 88
certain statutes recognized without question, 90
Statute of Uses, but not of Enrolment, 90
Magna Charta, 90

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
difference between "civil" and "criminal" law, 96-7, 122

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
Imperial parliament of its legislative supremacy, 67, 379
refers to relations between Dominion and provinces, 67, 350, 379
(See IMPERIAL PARLIAMENT)

EXECUTIVE AUTHORITY-

subordinate to legislature, 12, 46, 137, 144
and legislative, co-extensive, ib., 199, 302, 437
contention to the contrary noticed, 45, 301
limitations upon, enforced by courts, 11, 202
in provinces, 45, 49-51, 301

(See LIEUT.-GOVERNOR)

unity of, throughout the Empire, 249, 303
in Canada vested in the Queen, 248

in reference to our judicial system, anomalous position of, 470
(See IMPERIAL EXECUTIVE AUTHORITY, DOMINION EXECUTIVE)

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
Canadian
directly, the United States principle, 17

lack of, to congress, of United States executive, 18

growth of principles, of in pre-confederated provinces, 29-40

CAN. CON.-42

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