SECTION 96 OF THE BRITISH NORTH AMERICA ACT
AbstractIn this article the author examines the law relating to section 96 of the British North America Act. First, the author discusses the restraint section 96 imposes on the provincial legislature. Next, the author examines the general principles that have been laid down by the courts in relation to section 96 of the British North America Act, and discusses the resulting difference between the British North America Act as enacted and the British North America Act as interpreted. In conclusion, the author then examines the application of the general principles to the higher courts, the magistrates’ courts, and the provincial boards, and discusses the problems that have been encountered in each.
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