May 4, 1908 (10th Parliament, 4th Session)


Angus Alexander McLean

Conservative (1867-1942)

Mr. A. A. McLEAN.

Under clause 2 of section 91 dealing with the regulation of trade and commerce. Take, for instance, section 92 which defines what matters come within the jurisdiction of the provincial legislature. Under that section, shop, saloon, tavern and auctioneer and other licenses, in order to the raising of revenue for provincial, local or municipal purposes come under the exclusive powers of the provincial legislature. Yet, notwithstanding that Section, it has been held by the Privy Council that this parliament had power to pass the Canada Temperance Act and to decree that that Act could come into force in any district at the instance of its people and thus take away vested rights from men previously engaged in the liquor trade. That Act of this parliament was upheld by the Privy Council in the case of Russel vs. the Queen. What did the Privy Council say in that matter ?

Subtopic:   R. H. MONTGOMERY,
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