The True Location of the Residual Power Lay with the Provinces

In a lengthy factum and in argument before the court, Mowat drew on his version of Confederation to support his contention that the distribution of power was almost the reverse of what the BNA [British North America] Act said, and that the true location of the residual power lay with the provinces.

--John T. Saywell, The Lawmakers: Judicial Power and the Shaping of Canadian Federalism, Osgoode Society for Canadian Legal History (2002; repr., Toronto: University of Toronto Press, 2003), 37.