Author : Ontario. Supreme Court
Release : 2013-09
Genre : Law reports, digests, etc. Ontario
Kind : eBook
Book Rating : 889/5 ( reviews)

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Book Synopsis Ontario Reports by : Ontario. Supreme Court

Download or read book Ontario Reports written by Ontario. Supreme Court. This book was released on 2013-09. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...Section 72 provides the penalty for an infraction of sub-sec. 1 of sec. 49; sec. 86 for an infraction of sec. 10; and sec. 97 provides for the prosecution of offences against the Act. The offence is stated in the conviction to be that the applicant did unlawfully allow liquor to be sold, and not the actual sale or barter of liquor, which is the offence created by sub-sec. 1, and with that aspect of the case I shall deal later on. In the meantime I propose to consider the questions involved in the first five objections, on the hypothesis that an offence against sub-sec. 1 is set out in the conviction. It is not open to question that the Province of Ontario extends to the line in Lake Huron which forms the western boundary of the British possessions and the easterly boundary at that point of the United States of America, nor that within the territorial limits of the Province, as to the subjects of legislation assigned by the British North America Act, 1867, to the Provinces, the legislative authority of the Province is as plenary and as ample as the Imperial Parliament in the plenitude of its power possessed and could bestow: Hodge v. The Queen (1883), 9 App. Cas. 117, 132. Nor is it open to question that the regulation of the liquor trafiic within the limits of the Provinces by a license law is one of the subjects assigned by the British North America Act to the Provincial Legislatures. It was argued by Mr. Mackenzie that, notwithstanding that the place where the offence of which the applicant has been convicted was committed, was within the territorial limits of the Province, and although the subject matter with which the Liquor License Act deals--particularly the sections which are in question here--was within the legislative...