A Question of Disallowance Argument Before the Privy Council on the Petitions for the Vetoing of the Power Legislation of Ontario. the Credit of Canada, the Supreme Issue
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Auteur:
Francis Henry Chrysler
- Engels
- Paperback
- 9781760576219
- 17 mei 2018
- 94 pagina's
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Excerpt from A Question of Disallowance: Argument Before the Privy Council on the Petitions for the Vetoing of the Power Legislation of Ontario
Mr. E. L. Newcombe appears at the request of the Minister of Justice.
F. H. Chrysler, K.C., and W. M. German, K.C., appear in the interests of the petitioner.
Mr. Chrysler: I have been requested to present to this Committee of the Council the petition of Mr. John A. Murray, of the City of Toronto, who asks that the Government shall exercise certain of its powers. At the moment, I will only give the substance of his petition. The allegations in the petition I will reserve until I have made some explanation of the facts, but he asks that His Excellency may be pleased to disallow an Act which is referred to here, and which is chapter 19 of the Statutes of Ontario, passed in the Session of 1909. The reasons summed up in the last paragraph of the petition are that the legislation is ultra vires of the Ontario Legislature; that in assuming to close the courts to litigants, and assuming to validate contracts which have been declared illegal, the legislation is contrary to the principles which should govern British legislation, and ought to be disallowed.
The Act passed is the last of a series of Acts which deal with the powers of a body called the Hydro Electric Power Commission, and there are four Acts in all, passed in four years, 1906, 1907, 1908 and 1909.It is necessary to refer at some length to this legislation, in order to understand the provisions of the Act, the only Act which we attack here, that is, this Statute of 1909.
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Mr. E. L. Newcombe appears at the request of the Minister of Justice.
F. H. Chrysler, K.C., and W. M. German, K.C., appear in the interests of the petitioner.
Mr. Chrysler: I have been requested to present to this Committee of the Council the petition of Mr. John A. Murray, of the City of Toronto, who asks that the Government shall exercise certain of its powers. At the moment, I will only give the substance of his petition. The allegations in the petition I will reserve until I have made some explanation of the facts, but he asks that His Excellency may be pleased to disallow an Act which is referred to here, and which is chapter 19 of the Statutes of Ontario, passed in the Session of 1909. The reasons summed up in the last paragraph of the petition are that the legislation is ultra vires of the Ontario Legislature; that in assuming to close the courts to litigants, and assuming to validate contracts which have been declared illegal, the legislation is contrary to the principles which should govern British legislation, and ought to be disallowed.
The Act passed is the last of a series of Acts which deal with the powers of a body called the Hydro Electric Power Commission, and there are four Acts in all, passed in four years, 1906, 1907, 1908 and 1909.It is necessary to refer at some length to this legislation, in order to understand the provisions of the Act, the only Act which we attack here, that is, this Statute of 1909.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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