Canada and the Law of Nations: A Selection of Cases in International Law, Affecting Canada or Canadians, Decided by Canadian Courts, by Certain of the Higher Courts in the United States and Great Britain and by International Tribunals

By Norman MacKenzie; Lionel H. Laing | Go to book overview

CANADA AND THE LAW OF NATIONS

A. CANADA, AN INTERNATIONAL ENTITY

A.-G. CAN. v. A.-G. ONT., et al.
Reference Re Weekly Rest in Industrial Undertakings Act, Minimum Wages Act and Limitation of Hours of Work Act
Judicial Committee of the Privy Council, 1937 [1937] 1 D.L.R. 673

The Development of Dominion Status--Ratifying Treaties-- Implementing Treaties

Treaty of Versailles-- International Labor Organization--Canada, a Federal State.

LORD ATKIN:

This is one of a series of cases brought before this Board on appeal from the Supreme Court of Canada([ 1936] 3 D.L.R. 673) on references by the Governor-General in Council to determine the validity of certain statutes of Canada passed in 1934 and 1935. . . . The statutes in question in the present case were passed, as their titles recite, in accordance with conventions adopted by the International Labor Organization of the League of Nations in accordance with the Labor Part of the Treaty of Versailles of June 28, 1919. It was admitted at the bar that each statute affects property and civil rights within each Province; and that it was for the Dominion to establish that nevertheless the statute was validly enacted under the legislative powers given to the Dominion Parliament by the B.N.A. Act, 1867. It was argued for the Dominion that the legislation could be justified either: (1) Under s. 132 of the B.N.A. Act as being legislation "necessary or proper for performing the Obligations of Canada or any Province thereof, as part of the British Empire, towards Foreign Countries, arising under Treaties between the Empire and such Foreign Countries;" or (2) Under the general powers, sometimes called the residuary powers, given by s. 91 to the Dominion Parliament "to make Laws for the Peace, Order and good Government of Canada, in relation to all Matters

-1-

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Canada and the Law of Nations: A Selection of Cases in International Law, Affecting Canada or Canadians, Decided by Canadian Courts, by Certain of the Higher Courts in the United States and Great Britain and by International Tribunals
Table of contents

Table of contents

  • Title Page iii
  • Foreword v
  • Introduction vii
  • Editors' Preface xi
  • Table of Contents xvii
  • List of Abbreviations xxvii
  • A. Canada, an International Entity 1
  • B. Jurisdiction Over Territory 30
  • C. Status of Indians 180
  • D. Individuals in International Law 221
  • E. International Rights and Duties 335
  • F. Private International Law 402
  • G. War and Its Effects 441
  • Index 555
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