About: Dow v Black

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Dow v Black is a Canadian constitutional law decision. It was one of the first major cases examining in detail the division of powers between the federal Parliament and the provincial Legislatures, set out in the Constitution Act, 1867 (originally known as the British North America Act, 1867). The issue was whether a provincial statute which authorised the municipality of St. Stephen, New Brunswick to issue a debenture to fund a railway connecting to the United States was within provincial jurisdiction as a local tax matter, or whether it intruded on federal jurisdiction over inter-provincial and international railways.

Attributes	Values
rdf:type	yago:Abstraction100002137 yago:Case107308889 yago:Event100029378 yago:Happening107283608 yago:PsychologicalFeature100023100 yago:YagoPermanentlyLocatedEntity Supreme Court of the United States case
rdfs:label	Dow v Black (en)
rdfs:comment	Dow v Black is a Canadian constitutional law decision. It was one of the first major cases examining in detail the division of powers between the federal Parliament and the provincial Legislatures, set out in the Constitution Act, 1867 (originally known as the British North America Act, 1867). The issue was whether a provincial statute which authorised the municipality of St. Stephen, New Brunswick to issue a debenture to fund a railway connecting to the United States was within provincial jurisdiction as a local tax matter, or whether it intruded on federal jurisdiction over inter-provincial and international railways. (en)
name	Dow v Black (en) R v Dow (en)
foaf:depiction
dcterms:subject	1875 in Canadian case law Canadian federalism case law Canadian constitutional case law Judicial Committee of the Privy Council cases on appeal from Canada
Wikipage page ID	34215989 (xsd:integer)
Wikipage revision ID	1081841098 (xsd:integer)
Link from a Wikipage to another Wikipage	Canada Canadian constitutional law Canadian federalism 1875 in Canadian case law Houlton, Maine Judah P. Benjamin Judicial Committee of the Privy Council Debec, New Brunswick Decree nisi Constitution Act, 1867 William Milbourne James (judge) Edward Fry Montague Edward Smith British Empire Canadian federalism case law William Grantham William Johnstone Ritchie London Conference of 1866 John Wesley Weldon Quebec Conference, 1864 Canadian constitutional case law James William Colvile Judicial Committee of the Privy Council cases on appeal from Canada Charles Fisher (Canadian politician) Charlotte County, New Brunswick John Campbell Allen Supreme Court of Canada George Mellish Trinity term St. Stephen, New Brunswick New Brunswick Legislature New Brunswick Railway Certiorari St. Andrews and Quebec Railway Father of Confederation Court of last resort Confederation of Canada Carleton County
Link from a Wikipage to an external page	https://archive.org/details/casesdecidedonbr01cartuoft/page/108/mode/2up https://archive.org/details/casesdecidedonbr01cartuoft/page/94/mode/2up http://www.bailii.org/uk/cases/UKPC/1875/1875_17.pdf
sameAs	Dow v Black Dow v Black Dow v Black
subsequent actions	Appeal allowed (en)
dbp:wikiPageUsesTemplate	dbt:Reflist dbt:Rp dbt:Short_description dbt:Use_Canadian_English dbt:Use_mdy_dates dbt:Infobox_court_case
thumbnail	wiki-commons:Special:FilePath/British_North_America_Act,_1867.jpg?width=300
caption	The British North America Act, 1867 set out the powers of the federal and provincial governments (en)
citations	6 (xsd:integer) 14 (xsd:integer)
court	Judicial Committee of the Privy Council Supreme Court of New Brunswick (en)
full name	James Dow and others v William T. Black and others (en) The Queen v Dow and others (en)
italic title	Yes (en)
judges	William Milbourne James (judge) Montague Edward Smith William Johnstone Ritchie John Wesley Weldon James William Colvile Charles Fisher (Canadian politician) John Campbell Allen George Mellish
keywords	Constitutional law; division of powers; inter-provincial railways; direct taxation; matters of a local and private nature (en) Constitutional law; division of powers; inter-provincial railways; direct taxation; matters of a local and private nature (en)
has abstract	Dow v Black is a Canadian constitutional law decision. It was one of the first major cases examining in detail the division of powers between the federal Parliament and the provincial Legislatures, set out in the Constitution Act, 1867 (originally known as the British North America Act, 1867). The issue was whether a provincial statute which authorised the municipality of St. Stephen, New Brunswick to issue a debenture to fund a railway connecting to the United States was within provincial jurisdiction as a local tax matter, or whether it intruded on federal jurisdiction over inter-provincial and international railways. The case was decided by the Judicial Committee of the Privy Council, at that time the court of last resort for Canada within the British Empire. The Judicial Committee allowed an appeal from the Supreme Court of New Brunswick and held that the legislation was within provincial jurisdiction as a matter of local taxation, coming under sections 92(2) and 92(16) of the Constitution Act, 1867. The statute did not intrude on federal jurisdiction over inter-jurisdictional railways, under s. 91(29) and s. 92(10) of the Constitution Act, 1867. (en)
appealed from	Supreme Court of New Brunswick 20x20px (en)

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