4 Matching Annotations
- Sep 2018
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33rd sub-section gives to the General Gov.- ornament the power of ” rendering uniform all or any of the laws relative to property and civil rights in Upper Canada, Nova Scotia, New Brunswick, Newfoundland, and Prince Edward Island, and rendering uniform the procedure of all or any of the courts in these provinces ; but any statute for this purpose shall have no force or authority in any province until sanctioned by the legislature thereof.” So that in reality no such law will be binding until it has the sanction of the Local Legislature of the province particularly affected thereby. Such being the guarded terms of the resolution, why is it not made applicable to Lower Canada as well as to the other provinces ? Nothing could be done respecting its peculiar laws without the consent of its Local Legislature, and it is quite possible to my mind, that there are some laws which it would be advantageous to all parts of the Confederation to assimilate. But they emphatically declare in these redo- lotions that there shall be no interference with the laws of Lower Canada. So that while it is proposed to assimilate the laws of the other provinces, there is a large section of intervening country which is to have, for all time to come, laws separate and distinct from the rest.
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Well, provision has been made for the consolidation of these laws; but observe how religiously the laws of Lower Canada are guarded from interference. The
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judicial system ; but an exception is made in favor of Lower Canada and our laws.
§.94 of the Constitution Act, 1867.
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Again, we have at the present time as many systems of judicature as we have provinces; with Confederation, on the contrary, this defect will be removed, and there will be but two systems: one for Lower Canada, because our laws are different from those of the other provinces, because we are a separate people, and because we do not choose to have the laws of the other populations—and the other for the remainder of the Confederation. All the other provinces having the same laws, or their system of law being derived from one and the same source, may have one and the same system of judicature ; and, in fact, a resolution of the Conference allows them to resolve that they will have one code and one
§.94 of the Constitution Act, 1867.
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