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Hodge v The Queen (Canada) [1883] UKPC 59


H charged with permitting billiards to be played in his tavern. F charged with operating tavern without any license at all. Argued that the province legislature could not delegate law-making powers to the Boards of Commissioners.


Does the Act conflict with the Dominion power over trade and commerce?
Can the Province delegate its authority?


Subjects which in one aspect and for one purpose fall w/in s.92, may in another aspect and for another purpose fall w/n s.91 – this is called Double Aspect Doctrine


The province is not a delegate – they have the same authority as the Imperial Parliament.

Since it was decided that the Act does fall w/in the power of the province – then s.92(15) punishment by fine, penalty, or imprisonment, is applicable.
*It is not in conflict with s.91(27)


Province had power to make Act

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