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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 1925

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 15 Geo. 5 Report on Acts. Y 1
REPORT
Of the Minister of Justice upon the Statutes of the Legislative Assembly of the
Province of British Columbia passed during the Session of 1922.
By Command.
j. d. Maclean,
Provincial Secretary.
Provincial Secretary's Office.
At Government House,
Victoria, B.C., 17th December, 1023.
Sir,—I am directed by His Honour to transmit to you herewith, for the information of the
Government, a certified ccpy of a Minute of Council dated the 10th instant, approving the Statutes
of the Province of British Columbia passed in the twelfth year of His Majesty's reign, 1922.
I have the honour to be,
Sir,
Your obedient servant,
H. J. S. MITBKETT,
Private Secretary.
The Honourable the Provincial Secretary.
P.C. 2427.
Certified copy of a Report of the Committee of the Privy Council, approved by His Excellency
the Governor-General on the 10th December, 1923.
The Committee of the Privy Council have had before them a report, dated 31st October, 1923,
from the Minister of Justice, submitting that he has examined the Statutes of the Province of
British Columbia passed in the twelfth year of the reign of His Majesty, 1922, and received by
the Secretary of State of Canada on the 29th December, 1922, and that he is of opinion that these
Statutes may be left to such operation as they may have.
The Committee, on the recommendation of the Minister of Justice, advise that a copy hereof,
together with a copy of the annexed report of the Minister of Justice, be transmitted to the
Lieutenant-Governor of British Columbia for the information of his Government.
E. J. LEMAIRE,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor of British Columbia.
Department of Justice, Canada.
Ottawa, 31st October, 1923.
To His Excellency the Governor-General in Council:
The undersigned has the honour to report that he has examined the Statutes of the Province
of British Columbia passed in the twelfth year of the reign of His Majesty, 1922, and received
by the Secretary of 'State of Canada on 29th December, 1922, and he is of opinion that these
Statutes may be left to such operation as they may have.
The undersigned recommends that a copy of this report, if approved, be transmitted to the
Lieutenant-Governor of British Columbia for the information of his Government.
Humbly submitted.
(.Sgd.)    Lomek Gouin,
Minister of Justice, 15 Geo. 5 Report on Acts. Y
REPORT
Of the Minister of Justice upon the Statutes of the Legislative Assembly of the
Province of British Columbia passed during the Session of 1923.
By Command.
j. d. Maclean,
Provincial Secretary.
Provincial Secretary's Office.
At Government House,
Victoria, B.C., 2Gth January, 1925.
Sir,—I am directed by His Honour to transmit herewith, to he laid before the Government,
a certified copy of a Minute of Council, dated the 15th instant, approving a report of the Minister
of Justice upon the Statutes of the Legislature of the Province of British Columbia passed in
the year 1923.
I have the honour to be,
Sir,
Your obedient servant,
H. J. S. MUSKETT,
Private Secretary.
The Honourable the Provincial Secretary.
P.C. GG.
Certified Copy of a Minute of a Meeting of the Committee of the Privy Council, approved by
His Excellency the Governor-General on the 15th January, 1925.
The Committee of the Privy Council have had under consideration the report of the Minister
of Justice, dated 12th January, 1925, upon the Statutes of the Province of British Columbia
passed in the year 1923, and received by the Secretary of State of Canada on the 18th January,
1924.
The Committee, concurring in the views of the Minister of Justice as set out in said report,
advise that a copy hereof and of the annexed report be transmitted to His Honour the Lieutenant-
Governor of British Columbia for the information of his Government.
Ail of which is respectfully submitted for Your Excellency's approval.
E. J. LEMAIRE,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor of British Columbia.
P.C. GG.
Department of Justice, Canada.
Ottawa, 12th January, 1925.
To His Excellency the Governor-General in Council:
The undersigned has the honour to report that he has examined the Statutes of the Province
of British Columbia passed in the year 1923, and received by the Secretary of State of Canada
on 18th January, 1924, and he is of opinion that these Statutes may be left to such operation as
they may have.
The undersigned has had under consideration the petitions of the Canadian National Railways, the Canadian Pacific Railway Company, the Union Steamship Company of British
Columbia, Limited, and the Powell River Company, Limited, praying for the disallowance of Y 4 Report on Acts. 1925
the " Fuel-oil Tax Act," chapter 71 of the Statutes of British Columbia, 1923, upon the following
grounds:—
"(1.) That it imposes an indirect tax and is therefore beyond the powers of the Legislature
as defined in subsection (2) of section 92 of the " British North America Act ";
(2.) That it is ultra vires as being in effect a Customs and Excise tax which by section 122
of the " British North America Act" may be imposed only by the Parliament of Canada;   and
(3.) That it is in conflict with Dominion interests and policy in respect of iuterprovincial
and foreign trade.
The undersigned is disposed to think that so far as these petitions raise questions as to the
validity of the Act the matter may be left to the determination of the Courts, and that in so far
as any conflict with Dominion interests and policy is concerned the circumstances are not such
as to suggest the advisability of disallowance.
The undersigned recommends that a copy of this report, if approved, be transmitted to the
Lieutenant-Governor of British Columbia for the information of his Government.
Humbly submitted.
(Sgd.)    Ernest Lapointe,
Minister of Justice.
VICTORIA,  B.C. :
Printed by  Charles  F.   Banfield,   Frinter  to   the King's  Most Excellent  Majesty.
1925.

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