HOUSE OF COMMONS DEBATES ON THE 1875 STATUTE PURPORTING TO ESTABLISH THE SUPREME COURT OF CANADA, EXCERPTED FROM: DEBATES OF THE HOUSE OF COMMONS OF THE DOMINION OF CANADA. REPORTED AND EDITED BY A.M. BURGESS, VOL. I.--SESSION 1875. OTTAWA. PRINTED BY C....
More
HOUSE OF COMMONS DEBATES ON THE 1875 STATUTE PURPORTING TO ESTABLISH THE SUPREME COURT OF CANADA, EXCERPTED FROM: DEBATES OF THE HOUSE OF COMMONS OF THE DOMINION OF CANADA. REPORTED AND EDITED BY A.M. BURGESS, VOL. I.--SESSION 1875. OTTAWA. PRINTED BY C. W. MITCHELL, "FREE PRESS" OFFICE, ELGIN STREET. 1875.
/ EXCERPT:
/ page 286
"No one doubted, however, that under the constitution it was not in the power of this Parliament to give jurisdiction to such a court to try constitutional questions. As a matter of fact, the only power which could be conferred upon the court properly was to try appeals from the decisions of courts of original jurisdiction."
/ page 287
"Acknowledging his inability then to prepare a clause which could constitutionally confer the power of trying such cases upon the court directly he had resorted to the expedient of providing that, by the consent of the Provincial Governments concerned, decisions given by the Supreme Court would have their effect in the ca
Less