Publisher's Synopsis
Excerpt from Proceedings of the Banking and Commerce Committee of the Senate of Canada in Connection With Bill (Z), An Act Relating to the Water-Carriage of Goods, Vol. 1: March 19, 1908
Hon. Mr. Kerr. - So far as I understand the Bill, I ain in. Entire sympathy with the views of it. Without committing myself to it, without hearing further about it, but before we take up any great amount of time in discussing it, I think it would be well to be advised as to our power to legislate. Under the British North America Act this is a question of contract, affecting civil rights, which have to be dealt with by the province where the contract is made. It will be borne in mind that this contest arose when compulsory conditions of insurance were imposed, and although we have the power to legislate respecting insurance here, and although we have power to deal with all matters of trade and commerce, under both of which heads it was argued we had power to impose statutory conditions, it will be borne in mind that the Privy Council held the contrary. It arose over conditions that had been imposed by the Ontario legislature, and which are known as the statutory conditions. If that applies to insurance, what I would like to know is, if those who support the Bill are in a position to present any reason on which an argument can be founded, that the condi tions attached to a shipping bill are different from the conditions attaching to a policy of insurance to any extent which enables this parliament to interfere in a matter of contract. Parsons and the Queen, and Citizens and the Queen were the cases which went to England, and the Privy Council there defined the division between legislative and parliamentary authority. Whatever way that may be, it must be useful to hear what is to be said on the subject, so that it can be made public land the attention of the local legislatures may be (drawn to it, even if we have not the power.
Hon. Mr. Lougheed. - May I direct your attention to the legislation already passed by the federal government, embodied in the Shipping Act, dealing with con tracts? It is precisely along the same lines as the proposed Bill.
Hon. Mr. Kerr - AS far as our policies of insurance are concerned we have legislation concerning insurance, and One of the conditions 'is that no provision shall be valid unless endorsed on the back of the policy. That is not interfering with the conditions of the contract.
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