A Manual of the Constitutional History of Canada from the Earliest Period to 1901; Including the British North America Act of 1867, a Digest of Judi

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...to authorize the giving by lease, license, or otherwise, of the right of fishing in navigable or nonnavigable lakes, rivers, streams or waters, the beds of which had been granted to private proprietors before confederation, or not having been so granted, are assigned to the provinces under the British North ...
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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...to authorize the giving by lease, license, or otherwise, of the right of fishing in navigable or nonnavigable lakes, rivers, streams or waters, the beds of which had been granted to private proprietors before confederation, or not having been so granted, are assigned to the provinces under the British North America Act of 1867. As in the case above mentioned, the court held that the legislative authority of the Dominion parliament under section 91, sub-section 12, of the act, is limited to the regulation and conservation of sea coast and inland fisheries, under which it may require that no person shall fish in public waters without a license from the department of marine and fisheries, may impose fees for such license and prohibit all fishing without it, and may prohibit particular classes, such as foreigners, unconditionally from fishing. The license as required, pursuant to Dom. Rev. Stat., c 135, as amended by 55-55 Vict., c. 25, ss. 1, 4, will, however, be merely conferring personal qualification, and will give no exclusive right to fish in a particular locality.1 But the court reaffirmed their decision in a previous case,2 that the beds of all harbours are the property of the Dominion, 1Can. Sup., C. R., vol. 26, pp. 444-578. 2 Holman v. Green, lb., vol. 6, p. 707. In this ease the court decided that when a grant of part of the foreshore of a natural harbour, used as such by the public, was made by the provincial government of Prince Edward Island, subsequent to the admission of that province into the union, the grant was held to be invalid. In 1898, when the judicial committee gave answers to oertain questions with respect to the fisheries, on appeal from the supreme court of Canada (App. Cas., p. 712), their lordships were "of opinion that it do...
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Product Details

  • ISBN-13: 9781150057847
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 90
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.19 (d)

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