Cases Decided on the British North America Act, 1867, in the Privy Council, the Supreme Court of Canada, and the Provincial Courts, Volume 4
John Robison Cartwright
C.B. Robinson, 1882 - Constitutional law
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appeal apply appointed assignment Attorney-General authority B. N. A. Act Bank bankruptcy British Columbia British North America by-law Canada Temperance Act Canadian city of Montreal claim colony confederation constitutional corporation Court of Vice-Admiralty creditors Crown debtor declared defendant direct tax Dominion Government Dominion of Canada Dominion Parliament effect enactment exclusive grant held Imperial imposed Indian title insolvent intended intra vires judgment jurisdiction Justice L. C. Jurist lands reserved legislation limits liquors Lower Canada Lumber Majesty matter ment municipal North America Act Nova Scotia offence opinion Parliament of Canada passed person plaintiff prerogative Privy Council proclamation Province of Ontario Province of Quebec Provincial Legislature provisions public lands purpose Quebec Act Queen question railway referred regulation respect revenue rine's Mill sect statute sub-sect Supreme Court surrender taxation territory tion Toronto treaty ultra vires Upper Canada vested Vict words
Page 31 - Provinces, and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, — 1 . The Public Debt and Property.
Page 128 - All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of Canada, Nova Scotia and New Brunswick at the Union, and all sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province in the same.
Page 147 - America, do presume, for the present, and until our further pleasure be known, to grant warrants of survey, or pass patents for any lands beyond the heads or sources of any of the rivers which fall into the Atlantic ocean from the west or north-west...
Page 18 - Direct Taxation within the Province in order to the , raising of a Revenue for Provincial Purposes.
Page 105 - And whereas it is just and reasonable, and essential to our interest, and the security of our colonies, that the several nations or tribes of Indians with whom we are connected, and •who live under our protection, should not be molested or disturbed in the possession of such parts of our dominions and territories as, not having been ceded to, or purchased by us, are reserved to them, or any of them, as their hunting grounds...
Page 147 - Company ; as also all the lands and territories lying to the Westward of the sources of the rivers which fall into the sea from the West and Northwest as aforesaid; and we do hereby strictly forbid, on pain of our displeasure, all our loving subjects from making any purchases or settlements whatever, or taking possession of any of the lands above reserved, without our special leave and license for that purpose first obtained.
Page 115 - ... for the use of the said Indians, all the land and territories not included within the limits of our said three new Governments, or within the limits of the territory granted to the Hudson's Bay Company; as also all the lands and territories lying to the westward of the sources of the rivers which fall into the sea from the west and northwest as aforesaid...
Page 480 - Any Colonial Law which is or shall be in any respect repugnant to the Provisions of any Act of Parliament extending to the Colony to which such Law may relate, or repugnant to any Order or Regulation made under Authority of such Act of Parliament, or having in the Colony the Force and Effect of such Act, shall be read subject to such Act, Order or Regulation, and shall, to the Extent of such Repugnancy, but not otherwise, be and remain absolutely void and inoperative.
Page 46 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.