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''Ontario (AG) v Canada (AG)'', also known as the ''Local Prohibition Case'', is a famous Canadian constitutional decision by the Judicial Committee of the Privy Council, being one of the first cases to enunciate core principles of the federal peace, order and good government power. ==Background== In addition to the scheme provided by the ''Canada Temperance Act'' for prohibiting the sale of liquor, the Legislative Assembly of Ontario passed the ''Local Option Act''〔S.O. 1890, c. 56〕 that was virtually identically in content. In 1895, the Supreme Court of Canada issued two conflicting judgments on the matter: : * ''Huson v. South Norwich (Township)'', where the Ontario Act was upheld under the doctrine of double aspect because of provincial jurisdiction over municipal institutions, but a province could not go so far as to prohibit its manufacture and importation. : * ''Reference Re Provincial Jurisdiction to Pass Prohibitory Liquor Laws'', where the same Act was held to be ''ultra vires'' provincial jurisdiction, as there was no authority for a province to enact prohibitory legislation.〔''Reference Re Provincial Jurisdiction to Pass Prohibitory Liquor Laws'', (1895), 24 SCR 170〕 In both cases, the majority opinions did not question the ability of the Parliament of Canada to enact legislation under its powers relating to peace, order and good government or trade and commerce. Ontario appealed to the Privy Council, arguing that: #It had jurisdiction over municipal institutions, and such institutions in Ontario possessed the power of prohibition prior to Confederation. #The double aspect doctrine, as articulated in ''Hodge v. The Queen'', meant there was no conflict between the two Acts as the provincial Act could not apply where the federal one was in force. #Federal power over trade and commerce had to be confined to its regulation, and not to its prohibition, thereby isolating the federal aspect to the residual clause recognized in ''Russell''. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Local Prohibition Case」の詳細全文を読む スポンサード リンク
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