States, between the Federal and State governments, though it produces a certain uniformity by its limitations of Federal powers, and its prohibitions upon State powers, yet allows of the growth of diversity and dissimilarity in the State governments. The framers of the Canadian constitution hoped to produce a greater uniformity and simplicity by limiting the authority of the provincial legislatures, and vesting the residue in the Dominion Parliament. It is generally admitted that the government of the United States has proven itself one of the most successful experiments in Federalism. Its success has, however, been attributed partly to the universal education, and to the superior qualifications of the American people for self-government, arising from their constant political experience. For similar reasons, there is every indication that the Canadian experiment, though called upon to surmount greater difficulties, will be equally successful. Federalism is the latest and highest development of government. I say, "latest development," for notwithstanding what historians tell us of the Achean League, the Ætolian Confederacy, the Municipal Confederacies of free cities during the middle ages, the Hanseatic League, the German Confederacies of more modern times, and even the Swiss Confederacy prior to the more recent changes in its constitution, on examination these are found to have been but little more than treaty associations for mutual protection. True Federalism began with the constitution of the United States of America; its latest development is the constitution of the Dominion of Canada.

Referring now to the Canadian Confederation Act, we observe that in dividing the powers of legislation and government, and in assigning and distributing these powers between the Federal and provincial parliaments respectively, several existing facts had to be taken into consideration.

The older provinces had existed for many years under separate governments; one of them was inhabited almost wholly by people speaking the French language, and governed in civil matters by French law. The provinces and territories were widely separated and differently situated, with dissimilar resources, and engaged in dissimilar industries; each possessing

special opportunities for local enterprise and development. The maritime provinces devoted to maritime pursuits,- to fishing and mining. The Province of Ontario to agriculture, lumbering and manufacturing. The boundless prairies of the Northwest Territories, inviting the energies and capital of the grazer and grain raiser; and the fisheries, forest and mineral wealth of British Columbia, awaiting the influx of an industrious and enterprising population.

The British North America Act, recognizing these considerations, and recognizing the practical advantages of the British parliamentary system of government (which the separate provinces had themselves possessed prior to confederation) and recognizing the advantages of the system of local self-government secured by the plan of Federalism existing in the United States of America, made a distribution of the legislative and executive powers between the Dominion Parliament and the provincial legislatures; which, though far from perfect, is probably an improvement upon most of the other Federal tems. And yet, the difficulties experienced in settling the respective jurisdictions of the Federal and provincial authorities, have been numerous and expensive, and they are not yet ended. New questions continue to arise, and there will be new conflicts, but the courts will determine each of these questions in the future, as they have already determined those questions which. have arisen in the past, by interpreting the language and declaring the meaning of the apparently conflicting sections of the acts which embody the Canadian constitution.

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The system of division and distribution of authority between the Federal Parliament and the provincial legislatures in Canada can be better considered by giving the two sections of the Act which deal particularly with such division and distribution, entire, and by placing these sections, as they are in the Act, side by side. I will do this. And after some explanatory comments, I will briefly compare the Canadian plan of division with the American plan of division, and will endeavor to show wherein they differ, and wherein they resemble each other; and in what particulars either plan seems preferable to the other.

DISTRIBUTION OF LEGISLATIVE POWERS.

The two lists do not cover, and are not intended to cover, the whole field of legislation and government; but the two sections taken together and in connection with a few other sections, which I will refer to later,― practically embrace the whole area. The intention of the Act seems to be that the jurisdiction of the provincial legislatures shall be confined to the 16 classes of subjects named in section 92, and that it shall not extend to any of the classes named in section 91.

And, as section 91 confers upon the Federal Parliament power to legislate generally, on all matters" for the peace, order and good government of Canada," with the exception of the 16 classes of subjects over which the provincial legislatures are given exclusive jurisdiction,-it follows that the residuum of legislative authority is vested in the Parliament of Canada. Thus, the whole field of legislation and government is covered by the powers respectively conferred upon and vested in the Parliament of Canada and the provincial legislatures.1

It will be observed that some of the 16 classes of subjects enumerated in section 92, are limited by the exceptions and restrictions attached to them, and that the full scope of the language used in describing each of these 16 classes of subjects, is further limited by the interpretation to be placed upon each of the 29 subjects of legislation enumerated in section 91; and that the meaning to be given to the sixteenth paragraph of section 92, is specially limited by the concluding proviso of the twentyninth paragraph of section 91. The main purpose of the two sections, when read together, would seem to be to limit, restrict and define the power and jurisdiction of the provincial legislatures, and to vest all the remainder or residuum of the legislative power and authority in the Dominion Parliament. The intention of the Act in setting out the 29 classes of subjects given in section 91, is not for the purpose of limiting the jurisdiction of the Federal Parliament and government, but for the purpose of more definitely limiting and restricting the scope and extent of the authority of the provincial legislatures and governments.

It will be observed also, that the Act makes no provision for

1 Bank of Toronto v. Lamb, 12 Appeal Cases, 587.