87-1991 16:11
DIRECTOR OF ADM.
19
852 977 0802
P.21
In the context of runcamentai riynts provisions,
0207
Diplock haj, earlier, in nornnall V. Attorney-General of Trinida) and robayo il901) me 51, pointed out that constitutional provisions were not drafted with the particularity that would be appropriate to on ordinary Act of Parliament nor were they expressed 1.: words which core precise meanings and terms of legal art.
I would also cite this passage from the opinion of Lory Sarvey, L.C. giving buyment for the Soare in mentiētta quir guwarus v. Attorney-General for Canada (1930) MC 124 at
AC
p.10-137:
The British .orth America Att planted in Canada à liviny tree capable or growth and xpansion ...ithin its natural limits. The object of the Act was to yrant = Constitution to Canaua. 'Like all written constitutions 11 Cas been subject to development through usaye and convention': Canadlanı Constitutional
311 kopert porcen
the duty ^1 this doarc
t
یاه نما شد
Their Lorusnaps do not conceive
it 15 certainly not to cut cown the provisions of a narro.. and technical
their desire the mot
construction, but ratner to give it a large anu liveral interpretation so that the
Jominion to a great extent, Out within certain fixes limits,
DS
stres. 1.1
ON
انماند
1.17
Act Dy
nouse, ૩૬ the Provinces to a great extent, within certain fixed limits, are mistresses theirs. 'The Privy Council, inueeu, nas léiu 20wn that Courts of lan must treat the provisions of the British north America the same methods ci construction and exposition which they apply to other statutes. But there are statutes and statutes; and the strict construction dee.ned proper in the case, for example, of a penal cr taxing statute or one passed to regulate the affairs of an English parish, woula be often subversive of Parliament's real intent if applied to an Act passed to ensure the peace, order and good government of a British Colony': see Clement's Canadian Constitution, sro ed., 2.347."
No comments yet.
Private notes are available after approval.