powers in sections 91 and 92 of the 1867 Act up until 1949. I also explain how this body of jurisprudence contributed to a fiscal and constitutional crisis that emerged in the 1930s, a crisis that forced governments at both the federal and the provincial level to begin to search for new solutions. Finally, I anticipate the analysis of subsequent chapters by tracing the manner in which governments since 1949 have
developed cooperative, intergovernmental mechanisms for coordinating shared jurisdiction.
PART FOUR, THE COURTS AND CANADIAN FEDERALISM
CHAPTER 7, THE COURTS AND CANADIAN FEDERALISM: FROM WATERTIGHT COMPARTMENTS TO SHARED RESPONSIBILITY
B. THE JCPC'S WATERTIGHT COMPARTMENTS VIEW
The JCPC conceived of its function (at least in its written judgments) [Note 3: A consistent refrain in the Privy Council judgments is that the Board is merely "interpreting" the Constitution Act, 1867 (U.K.), 30 & 31 Vict., c. 3 [CA 1867], and that this function is purely legal rather t
...