Canada under British Rule 1760-1900

by John George Bourinot

The enactment and amendment With the states. of all laws relating to property and civil rights rest with the provinces.

Trade and Finance. Trade and Finance.
Customs and excise, trade and The parliament of the commonwealth
commerce, are within exclusive has sole power to
jurisdiction of Dominion parliament. impose uniform duties of customs
and excise, and to grant bounties
upon goods when it thinks it
expedient. As soon as
such duties or customs
are imposed, trade and
intercourse throughout the
commonwealth, whether by
internal carriageor ocean
navigation, is to be free.

The Dominion government The parliament of the commonwealth
can veto any such unconstitutional may annul any state
law. law interfering with the freedom
of trade or commerce between
the different parts of the
commonwealth, or giving preference
to the ports of one part over
those of another.

The power of direct taxation Direct taxation may be imposed is within the jurisdiction of both by the commonwealth Dominion parliament and provincial and by each state within its own legislatures, the one for limits—but taxation, when Dominion and the other solely exercised by the commonwealth, for provincial purposes. must be uniform.

Both Dominion and provincial Same is true of commonwealth governments have unlimited and states. borrowing power under the authority of parliament and legislatures.

Certain money subsidies are Of the net revenue of the
paid annually to the provinces commonwealth from duties of
towards the support of their customs and excise, not more
governments and legislatures. than one-fourth shall be applied
annually by the commonwealth
towards its expenditure. The
balance shall, in accordance
with certain conditions of the
constitution, be paid to the
several states, or applied
towards the payment of
interest on debts of the
several states. This arrangement
is limited to ten years. Financial
aid may be granted to any state
upon such terms as the federal
parliament may deem expedient.
Western Australia may, subject
to certain restrictions, impose
duties on goods imported from
other parts of the commonwealth.

No such provision; but the For the administration of the
Dominion parliament and provincial laws relating to interstate trade
legislatures could by the governor-general-in-council
legislation arrange a similar may appoint an interstate
commission. commission.

Canada is liable for amount of The parliament of the commonwealth
the debts and liabilities of the may consolidate or
provinces existing at the time of take over state debts by general
the union, under the conditions consent, but a state shall
and terms laid down in the indemnify the commonwealth, and
constitution. the amount of interest payable in
respect to a debt shall be
deducted from its share of the
surplus revenue of the
commonwealth.

Imperial Control over Imperial Control over Dominion Legislation. Australian Legislation. Bills may be reserved by the The same. governor-general for the Queen's pleasure, and her Majesty in As the old state constitutions council may within two years continue in force until amended after receipt of any Dominion by the state, state legislation is act disallow the same. still subject to power of disallowance by Queen in council.

No such provision. The governor-general may return any "law" presented to him for the Queen's assent and suggest amendments therein, and the houses may deal with them as they think fit.