We should also note that in Re Claxton (a), one of the Revised Ordinances (1888)-exempting 160 acres of land from seizure under execution-was held invalid as repugnant to the Dominion "Homestead Exemption Act"; and this question is one which, as matters now stand, will frequently arise, and what is said in chapter V., ante, may be of assistance in determining the general principles upon which this question must be solved. In Reg. v. Keefe (b) another ordinance was held invalid as being essentially a criminal enactment, the view of the Court of Appeal for Ontario in Reg. v. Wason (c) being avowedly adopted. It is thus put by the Supreme Court of the Territories : "There is no doubt in our minds that the real object and the true nature and character of this legislation was in the interest of public morals to create an offence, and not for the protection of private rights." Federal Connection. POWER TO GIVE THE TERRITORIES PART IN THE DETERMINATION OF A.D. 1886, 49-50 VICTORIA (IMP.), CHAPTER 35. An Act respecting the Representation in the Parliament of Canada of Territories which for the time being form part of the Dominion of Canada, but are not included in any Province. [25th June, 1886.] THEREAS it is expedient to empower the WH Parliament of Canada to provide for the representation in the Senate and House of Commons of Canada, or either of them, of any (a) 1 N. W. T. Rep. 88. (c) See ante, p. 479. (b) Ib. 86. territory which for the time being forms part of the Dominion of Canada, but is not included in any Province: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Parliament of representa tories. 1. The Parliament of Canada may, from Provision by time to time, make provision for the representa- Canada for tion in the Senate and House of Commons of tion of terriCanada, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any province thereof. of Parliament 2. Any Act passed by the Parliament of Effect of Acts Canada before the passing of this Act for the of Canada. purpose mentioned in this Act shall, if not disallowed by the Queen, be, and shall be deemed to have been, valid and effectual from the date at which it received the assent, in Her Majesty's name, of the Governor-General of Canada. It is hereby declared that any Act passed by the Parliament of Canada, whether before or after the passing of this Act, for the purpose mentioned in this Act or in the British North America Act, 1871, has effect, notwithstanding anything in the British North America Act, 1867, and the number of Senators or the number of Members of the House of Commons specified in the last-mentioned Act is increased by the number of Senators or of Members, as the case may be, provided by any such Act of the Par Short title and construction. liament of Canada for the representation of any provinces or territories of Canada (d). 3. This Act may be cited as the British North America Act, 1886. This Act and the British North America Act, 1867, and the British North America Act, 1871, shall be construed together, and may be cited together as the British North America Acts, 1867 to 1886. (d) The general effect of this section is discussed, ante, p. 271 (as to the Senate), and ante, p. 282 (as to the House of Commons). CHAPTER XIV. MANITOBA. The events leading up to the admission of Rupert's Land and the North-Western Territory to the Dominion of Canada have been shortly sketched in the preceding chapter. Taking up the thread now in reference to Manitoba, we have to point out that the Act 33 Vic. c. 3, by which that province was established, was validated by Imperial legislation : 34-35 VIC., CAP. 28. An Act respecting the establishment of Provinces in the Dominion of Canada. [29th June, 1871.] WHEREAS doubts have been entertained WH respecting the powers of the Parliament of Canada to establish Provinces in Territories admitted, or which may hereafter be admitted into the Dominion of Canada, and to provide for the representation of such Provinces in the said Parliament, and it is expedient to remove such doubts, and to vest such powers in the said Parliament: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of Short title. Canada may Provinces and provide for the constitution, &c., thereof. the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: : 1. This Act may be cited for all purposes as "The British North America Act, 1871." Parliament of 2. The Parliament of Canada may from establish new time to time establish new Provinces in any territories forming for the time being part of the Dominion of Canada, but not included in any Province thereof, and may, at the time of such establishment, make provision for the constitution and administration of any such Province, and for the passing of laws for the peace, order, and good government of such Province, and for its representation in the said Parliament. Alteration of limits of Pro vinces. 3. The Parliament of Canada may from time to time, with the consent of the Legislature of any Province of the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby. Parliament of 4. The Parliament of Canada may from legislate for time to time make provision for the administranot included tion, peace, order and good government of any territory not for the time being included in any Province. Canada may any territory Confirmation of Acts of Parliament of Canada, 32 & 5. The following Acts passed by the said Parliament of Canada, and intituled respec33 Vict. (Can). tively: "An Act for the temporary government of Rupert's Land and the North-Western Territory when united with Canada," and "An Act to cap. 3, 33 Vict. Can). cap. 3. |