The field of international law is very broad. It covers, for instance, rules for the treatment of con traband of war, prize-courts, the status of belligerents and neutrals, the laws of blockades, and so on. These and many similar subjects come within what is called public international law. In more peaceful matters, rules of international law may be applied to the in terpretation of contracts, the validity of documents and agreeMents drawn in one country and enforce able in another, the determination of the status of individuals, and so on. These and many similar sub jects are governed by rules of private international law, which will be enforced in the countries where they are to be applied.
Questions of international law may arise even as between persons domiciled in different provinces of Canada. One example will suffice. A person's ca pacity to contract is governed by the law of his domi cile, i.e., of the country where he has his permanent home. A minor is domiciled in Ontario: his perma nent home is there. By the law of Ontario, a minor cannot make a binding contract merely because he is a trader. In Quebec, a minor who is engaged in trade may make valid and binding contracts in connection with his trade. The Ontario minor goes to Montreal and starts in business. He gives promissory notes to his creditors, and the notes are not met at maturity. He is sued in Montreal, but pleads that his capacity is to be governed by the law of Ontario, where he is domiciled. His plea will be upheld and the action dismissed.
5. Public a "public person" is meant the state, or the sovereign part of it, or a body or indi vidual holding delegated authority under Public law, then, regulates rights where one of the persons concerned is "public." Public law also includes con stitutional and administrative law. The conquest of Canada, in 1763, had the effect of substituting the public law of England for that of France.
6. Private the parties interested or affected by a right are private persons, they are gov erned by private law, which they may invoke the aid of the state to regulate and enforce. A given act, it must be said, may violate both a public and a private right. If one man assaults another, the private right of the person injured to be unmolested is violated, as is also the public right of the state that the public peace shall not be disturbed. Generally speaking, private law includes the law relating to contracts, torts or damages, pleadings, evidence—in a word, all the subjects that we shall treat of in this book, as well as many others.
7. Sources of sources of our law may be briefly mentioned. They are: (a) THE CONFEDERATION ACT, AND SUPPLEMEN TARY ACTS-THE CONSTITUTION OF CANADA. The
Confederation Act was passed by the British Parlia ment March 29, 1867. On the first day of July, 1867, it came into force. It is the foundation and au thority for our Federal system of government. From it flows the authority of the Dominion government and of the legislative bodies of the various provinces to make laws and to govern within their various juris dictions.
(b) DOMINION STATUTES. The Dominion Parlia ment may make laws relating to the classes of subjects assigned to it by the constitution. In these matters it is sup4me. It must not legislate concerning a matter within the exclusive jurisdiction of the prov inces.
(c) TREATIES. Treaties are agreements made be tween independent nations. These may be treaties of alliance, treaties of peace, purely commercial treat ies, and so on. The Constitutional Act provides that the Parliament and government of Canada shall have all powers necessary for performing the obligations of Canada or of any province thereof, as part of the British Empire, towards foreign countries, arising under treaties between the Empire and such foreign countries. These powers were exercised in the case of the Washington Treaty of 1871 between the United States and England, which settled disputes arising out of the American Civil War, the Canadian fisheries and other important matters.
(d) PROVINCIAL CONSTITUTIONS. The constitu tion of a province is the fundamental law by which it exists and upon which it builds its system of govern ment. The Constitutional Act includes constitu tional provisions for the provinces. A province may, within certain restrictions, amend its constitution.
Such amendments must not conflict, however, with the provisions of the Constitutional Act, with Domin ion statutes, or with any treaties which the Dominion must observe.
(e) PROVINCIAL STATUTES. Each province may legislate freely concerning the classes of subjects as signed to it by the Constitutional Act. Its statutes must not conflict with Dominion legislation. Pro vincial statutes may merely re-enact pre-existing laws concerning the existence or scope of which there is doubt, repeal existing laws or create new laws. A glance at the revised statutes of any of the prov inces will afford a good idea of the range and di versity of provincial legislation. As between a prov ince and the Dominion, the residuary power lies with the Dominion. That is, where a fair doubt exists whether the Dominion or the province has jurisdiction in a given matter, the Dominion will get the benefit of the doubt. Under the American constitution the residuary power lies with the various states.