Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

678 THE FEDERATIONS AND THE UNION [Part 1v taken under a Dominion Act, 61 Vict. ¢. 51, was adverse to prohibition, for there was only a majority of 14,000in a total vote of 543,049. though Ontario, Nova Scotia, Prince Edward Island, and Manitoba in separate referenda returned decided majorities, (d) Fisheries The subject of fisheries has also raised perplexing problems. In 1868 the Minister of Marine and Fisheries was authorized to grant licences for fishing, and he did so in respect of certain non-tidal waters in New Brunswick. The Supreme Court of Canada! decided that the property in the fishery was a provincial matter merely, and that the Dominion could only regulate generally the fishing, and could grant licences only in cases where the land was that of the Dominion. It has also been held that the land in harbours is the property of the Dominion, and so the harbour fisheries belong to them.? The Judicial Committee has quite clearly held that whatever proprietary rights were vested in the provinces at the date of the British North America Act remained so vested unless expressly transferred to the Dominion Government. Such transfer is not to be presumed from the grant of legislative jurisdiction to the Dominion in respect of the subject-matter of these proprietary rights. The Committee also held that the powers of the Dominion over fisheries extended to doing anything except vest the proprietary rights in other than their true owners, and that both the Federal and Provincial Legislatures could impose licence duties on fishing. They also held that an Ontario Act to regulate the fisheries was ultra vires, and they meted out the same fate to a Federal Act to empower the grant of exclusive fishing licences in rivers or over provincial property. Moreover, they held that the public harbours were transferred to the Dominion together with all naturally understood by that term. They pronounced inirg vires an Act (Revised Statutes, c. 24, s. 47) authorizing the Government of Ontario to appropriate land * The Queen v. Robertson, 6 8. C. R. 52; cf. 26 8. C. R. 444 5 Quick and Garran, Constitution of Commonwealth, pp. 568, 569. * Holman v. Green, 6 S. C. R. 707.

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