CHAP. V] TREATY RELATIONS 1129 
1909, in connexion with the treaty with the United States as 
regards waterways. Mr. Borden expressed then the opinion 
that a treaty of the kind in question should bs made subject 
to the ratification and approval of the Dominion Parliament, 
and he expressed the hope that if the treaty in question were 
revised and another brought down at a subsequent session, 
it should be made subject to the approval of Parliament. It 
could not be carried into effect without the legislation of the 
Parliament or without the legislation of some of the Provinces 
of Canada. Therefore the treaty should be subject to the 
ratification and approval of Parliament in order that it might 
be fully discussed by the representatives of the people before 
it became binding on the people. He alluded to several 
instances in which this course was taken, including the 
Treaty of 1888 with the United States regarding fishery and 
other matters. It was signed on February 5 and laid before 
the Canadian Parliament on March 7. The most authoritative 
textbooks laid it down that treaties should be made subject 
to the approval of Parliament in cases :— 
(1) Where they imposed any burden on the people ; 
(2) Where they involved any change in the law of the land ; 
(3) Where they required legislative action to make them 
effective, or where they affected the free exercise of the 
legislative power ; 
(4) Those affecting territorial rights. 
He pointed out that Sir William Anson in the last edition 
of his Law of the Constitution (1908) * had omitted the criticism 
formerly passed on the approval by Parliament of the Heligo- 
land Treaty of 1890; while Mr. Lowell in his new work on 
the Government of England ? expressed the view that without 
the sanction of Parliament a treaty could not impose a charge 
upon the people or change the law of the land, and it was 
doubtful how far without that sanction private rights can 
be sacrificed or territory ceded. Mr. Borden pointed out that 
the Waterways Treaty must have the effect of altering the 
law of the land if carried into effect. New laws were required 
with regard to actions brought by people in Canada against 
Yn ii. 107, 108 ; see Debates, pp. 6647 seq., 6523. CFi22,