Initiative and Referendum Act – Appellant
Versus
. – Respondent
Viscount Haldane:-
In this case questions were raised in the province of Manitoba as to the validity of an Act passed by its Legislature and entitled the Initiative and Referendum Act. In consequence, under a statute which enabled him to do so, the Lieutenant-Governor in Council referred to the Court of King's Bench of the province the two questions which follow : 1. Had the Legislative Assembly jurisdiction to enact the said Act, and, if not, in what particular or respect has it exceeded its powers? 2. Had the Legislative Assembly jurisdiction to enact Sections 3, 4, 4-A, 7, 8, 11, 12, 17, sub-Section 1 of the said Act, or any of them and, if so, which of them?
On 27th October, 1916, these questions came before Mathers, C. J. By consent there was no argument, and the learned judge, decided that the Legislative Assembly had jurisdiction to pass the Act and the several sections referred to in the second question.
The matter was then brought before the Court of Appeal of the province, and was argued before Howell, C. J., and Richards, Perdue, Cameron and Haggart, JJ. A. On 20th December, 1916, the Court of Appeal delivered judgment, answering the questions submitted in the negative. The
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