(New Brunswick) The defendant had been convicted of unlawfully selling intoxicating Licquor contrary to the 1878 Act. He challenged his conviction saying that the Act had been outwith the powers of the Parliament of Canada as provided for by the 1867 Act.
Held: The Court discussed the ‘true nature and character’ of a statute. Where a measure does not fall within the matters assigned by s. 92 to the Provinces, the Parliament of the Dominion, under the general power to make laws for the peace, order and good government of Canada, may obtain authority to enact it.
Judges:
Sir Barnes Peacock, Sir Montague E Smith, Sir Robert Collier, Sir James Hannen, Sir Richard Couch
Citations:
[1882] UKPC 33, (1882) 7 App Cas 829
Links:
Statutes:
Canada Temperance Act 1878 99, British North America Act 1867 91 92
Cited by:
Cited – Gallagher v Lynn PC 1936
Section 4 of the 1920 Act provided that the Parliament of Northern Ireland had power to make laws for the peace, order and good government of Northern Ireland, but not to make laws in respect of, among other things, trade with any place out of . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Constitutional
Updated: 19 August 2022; Ref: scu.418301