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REPORT Of the Minister of Justice upon the Statutes of the Legislative Assembly of the Province of British… British Columbia. Legislative Assembly 1916

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 6 Geo. 5 Report on Acts of 1915. T 21
REPORT
Of the Minister of Justice upon the Statutes of the Legislative Assembly of the
Province of British Columbia passed during the Session of 1915.
By Command.
Provincial Secretary's Office,
mh March, 1916.
THOMAS TAYLOR,
Provincial Secretary.
Certified Copy of a Report of the Committee of the Privy Council, approved by His Royal
Highness the Governor-General on the 17th March, 1916.
The Committee of the Privy Council have had under consideration the accompanying
report of the Minister of Justice,, dated 25th January, 1916, upon the Statutes of the
Legislature of British Columbia, passed in the fifth year of His Majesty's reign, 1915, and
received by the Secretary of State for Canada on 23rd March, 1915, in which they concur.
The Committee, therefore, on the recommendation of the Minister of Justice, advise that
a copy hereof and of the accompanying report, if approved, be transmitted to the Lieutenant-
Governor of the Province of British Columbia for the information of his Government.
All which is respectfully submitted for approval.
RODOLPHE   BOUDREAU,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor
of British Columbia.
Department of Justice, Canada,
Ottawa,  25th January, 1916.
To His Royal Highness the Governor-General in Council :
The undersigned has had under consideration the Statutes of the Legislature of British
Columbia, passed in the fifth year of His Majesty's reign, 1915, and received by the Secretary
of State for Canada on 23rd March, 1915, and he is of opinion that these Statutes may be left
to such operation as they may have. The undersigned observes, however, that there are some
ultra vires provisions contained in chapter 13, entitled "An Act to amend the 'Trust
Companies Act,'" notably section 5, which assumes a power in the Legislature to impose
conditions upon the exercise by a Dominion company in the Province of its incorporated
powers. The undersigned considers, however, that the Courts may conveniently declare the
invalidity of any of these statutory provisions which are in excess of local powers. T 22 Report on Acts of 1915. 1916
There has been referred to the undersigned, also, a copy of a report of the Lieutenant-
Governor of British Columbia, in which he states that he has thought it advisable to reserve
for the pleasure of Your Royal Highness Bill No. 19 of the Legislation of 1915, entitled "An
Act to amend the 'Pool-rooms Act,'" and the Lieutenant-Governor states as the reasons for
his doing so that the provisions of the Bill appear to affect the standing of aliens in the
Province, and that such legislation may interfere with international relations and Federal
interests. The Bill provides in effect that no pool-room licence shall be granted save to a
person who is entitled to apply for and obtain a licence under the " Liquor Licence Act "; that
no pool-room licence shall be issued to any person who has, within the space of three years
preceding his application for such licence, been convicted of any criminal offence, or been the
holder of any licence which has been cancelled, or has been an applicant for a licence and has
had such application denied upon either of the two preceding grounds. The Bill provides,
moreover, that the Superintendent of Provincial Police may refuse any application for licences
and may cancel any licence granted by him. Whatever effect these provisions may have as to
aliens or international relations, the undersigned is not prepared to recommend that they
should go into operation by the sanction of Your Royal Highness in Council, and the undersigned therefore recommends that Your Royal Highness's assent be withheld.
The undersigned recommends that a copy of this report be referred to the Lieutenant-
Governor of the Province for the information of his Government.
(Signed.) Chas. J. Doherty,
Minister of Justice.
victoria, B.C. :
Printed by William H. Cullin, Printer to the King's Most Excellent Majesty.
1916.

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