Canada under British Rule 1760-1900 by Sir John George Bourinot
page 294 of 398 (73%)
page 294 of 398 (73%)
![]() | ![]() |
|
post-office, banking and coinage, railways and public works "for the
general advantage," navigation and shipping, naturalisation and aliens, fisheries, weights and measures, marriage and divorce, penitentiaries, criminal law, census and statistics. On the other hand, the provinces have retained control over municipal institutions, public lands, local works and undertakings, incorporation of companies with provincial objects, property and civil rights, administration of justice, and generally "all matters of a merely local and private nature in the province." The _residuary_ power rests with the general parliament of Canada. The parliament of Canada, in 1875, established a supreme court, or general court of appeal, for Canada, whose highest function is to decide questions as to the respective legislative powers of the Dominion and provincial parliaments, which are referred to it in due process of law by the subordinate courts of the provinces. The decisions of this court are already doing much to solve difficulties that impede the successful operation of the constitution. As a rule cases come before the supreme court on appeal from the lower courts, but the law regulating its powers provides that the governor in council may refer any matter to this court on which a question of constitutional jurisdiction has been raised. But the supreme court of Canada is not necessarily the court of last resort of Canada. The people have an inherent right as subjects of the Queen to appeal to the judicial committee of the privy council of the United Kingdom. But it is not only by means of the courts that a check is imposed upon hasty, or unconstitutional, legislation. The constitution provides that the governor-general may veto or reserve any bill passed by the two houses of parliament when it conflicts with imperial interests or |
|