PROPERTY AND CIVIL RIGHTS IN THE PROVINCE

Abstract

In this article the author examines the history and meaning of the words “property and civil rights in the province” as part of section 92 of the British North America Act. The author begins by examining the history and meaning of the words from the standpoint of Quebec and Ontario, as well from the standpoint of the provinces of the Dominion generally. The author then discusses what he suggests is a proper construction and application of that part of section 92, and reviews the decisions of the Judicial Committee of the Privy Council in “property and civil rights” cases. In concluding his article the author then takes a closer examination of the text of section 92(13) of the British North America Act, and argues that past judicial decision has deviated from that text.