LEADING PROPOSITIONS.

1. The British North America Act is the sole charter by which the rights claimed by the Dominion and the Provinces respectively can be determined.

2. Although the British North America Act was founded upon the Quebec resolutions, and so must be accepted as a treaty of union between the provinces, yet when once enacted it constituted a wholly new point of departure, and established the Dominion and Provincial Governments with defined powers and duties, both alike derived from it as their

source.

3. Courts of law must treat the provisions of the British North America Act by the same methods of construction and exposition which they apply to other statutes [of a similar character, that is to say, statutes conferring constitutional charters]. The British North America Act cannot be construed in a rigidly technical manner.

4. The state of legislation and other circumstances in the various provinces of the Dominion of Canada prior

to

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I-20

21-40

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Confederation may sometimes have to be considered in determining the construction of the clauses of the British North America Act respecting the distribution of legislative powers, as may also the 40-71 character of legislation in England itself.

5. The prerogative of the Crown runs in the colonies to the same extent as in England, and no distinction can properly be drawn between the rights and prerogatives of the Crown suing in respect of Imperial rights, and the rights of the 72-86 Crown with regard to the colonies.

6. Her Majesty's prerogative rights over the Dominion of Canada as the fountain of honour have not been in the least degree impaired or lessened by the 87-89 British North America Act.

7. The Lieutenant-Governors of Provinces, when appointed, are as much the representatives of Her Majesty for all purposes of Provincial Government as the Governor-General himself is for all 90-122 purposes of Dominion government.

8. Executive power is derived from legislative power, unless there be some

123-176 restraining enactment.

9. The Crown is a party to and bound

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by both Dominion and Provincial statutes, so far as such statutes are intra vires, that is, relate to matters placed within the Dominion and Provincial control respectively by the British North America Act. 176-184 10. The possession by the Federal Government of the veto power over Provincial legislation is a special feature of the Constitution of the Dominion of Canada, which distinguishes it from the Constitution of the United States of America.

185-203

11. No consent or acquiescence of the Crown by non-exercise of the veto power, or otherwise, can render valid an Act otherwise ultra vires and unconstitutional under the British North America Act. 204-207 12. The powers of legislation conferred upon the Dominion Parliament and the Provincial Legislatures, respectively, by the British North America Act are conferred subject to the sovereign authority of the Imperial Parliament.

13. The power of the Imperial Parliament in the matter of the creation and distribution of colonial legislative powers is supreme, and no Colonial Secretary has ex officio a right by a despatch, or other

208-231

Pages. wise, either to add to, alter, or restrain. any of the legislative powers conferred by the British North America Act, or indeed by any Act, or to authorize a subordinate 232-236 legislature to do so.

14. The declarations of the Dominion Parliament are not, of course, conclusive upon the construction of the British North America Act; but when the proper construction of the language used in that Act to define the distribution of legislative powers is doubtful, the interpretation put upon it by the Dominion Parliament in its actual legislation may properly be considered. And the same applies a fortiori where the Provincial Legislatures have by their legislation shown agreement in the views of the Dominion Parliament as to their respective powers. In like manner the views acted upon by the great public departments, as expressed in Imperial despatches, or otherwise, carry 236-241 weight in the absence of judicial decision. 15. It is clear that if the Dominion Parliament or a Provincial Legislature do not possess a legislative power, neither the exercise nor the continued exercise of a power not belonging to them can confer it, or make their legislation binding.

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