August 14, 2011 - Licence

A Licence to Licence?
Do the provinces have licence to licence the activities of individuals or only commercial ventures?

In the BNA Act 1867, section 92 ( Head 9) power to licence was granted the provinces where it reads:

9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes.

Where do individuals fit on this list?

There is a principle in law know as ejusdem generic (Latin for "of the same kind"). What this means is, in any list only those things of similar generic types can be included. To a list that includes "oranges, lemons, limes, grapefruit, etc.," one can not add bicycles or even bananas since neither of these match the citrus kind of fruit of which that list is comprised. There is a fuller explanation in the Blog of July 21, under the heading "What if the meaning is not plain?"

In 92(9) all the 'kinds' listed represent business or commercial entities making it clear that the provinces do not have authority to 'force' individuals to purchase a licence to do activities of a private, personal, not commercial nature.

In Provincial Secretary of Prince Edward Island v. Egan, [1941] SCR 396 — 1941-04-22 the Supreme Court of Canada (SCC) determined that: The words "and other licences" have been held not ejusdem generic with "shop, saloon, tavern, auctioneer," by which Head 9 is introduced.

Egan's appeal was turned down by the SCC and the 'kind' was expanded to include both the 'regulation of trade' and the 'provision of revenue'—still licensing was limited to entities involved in commerce, trade, and business.  Some might have tried to argue, for example, that commercial fishing was  not of the same 'kind' as "shop, saloon, tavern, auctioneer."

The fact that Egan was applying for a licence is evidence that he was acting in the capacity of a person—and therefore he was assumed to be acting in the capacity of a corporation, with an interest in commerce, business, or trade—and therefore under the jurisdiction of statute law.

One does not need a licence in any province to do things of a private, personal, non-commercial nature—research this before you return the car's licence plates, driver's licence, boat licence, dog and cat licence, hunting licence, gun licence, turkey licence, fishing licence, and all the other revenue raising scams that we have allowed to this point. When you are convinced, be prepare to defend that position—as are others.

He who does not assert his rights has none. (a maxim of law)

Use what you read here as a part of your research to establish your understanding.
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