Does the Court of Appeal have jurisdiction to legislate for the purpose of effecting a reciprocal agreement or arrangement with another state?
British Columbia, Canada
The following excerpt is from Global Securities Corp. v. British Columbia (Securities Commission), 1998 CanLII 6504 (BC CA):
There appears to be only one modern authority dealing at an appellate level with the jurisdiction of a province to legislate for the purpose of effecting a reciprocal agreement or "arrangement" with another state — Attorney-General for Ontario v. Scott 1955 CanLII 16 (SCC), [1956] S.C.R. 137. At issue there was the constitutional validity of reciprocal enforcement of maintenance legislation enacted by the province of Ontario. Like s. 141(1)(b) of the Act, the impugned legislation had been enacted in accordance with a reciprocal arrangement, this one between Ontario and England. Under the Ontario statute, an order made in England for the maintenance of a divorced spouse could be brought to Ontario and, provided certain conditions were met, could be "confirmed" by an Ontario court and enforced as an Ontario order against a defaulting ex-spouse residing in the province.
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