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

CHAP, 1] THE DOMINION OF CANADA 681 Moreover, after many years, the Judicial Committee * upset at last the absurd idea that the power of appointing Queen’s Counsel was one only to be used by the Governor-General. In all these cases it is important to note that the decision of the Privy Council at once restored the just equilibrium of the powers of the several factors in the constitution : the power of the Governor-General to pardon is to pardon offences against Dominion laws and offences which can be tried by Colonial Courts by virtue of Imperial Acts. That he should have pardoned persons who were not convicted of more than breaches of provincial regulations would have been indeed unwise. Similarly it is for the Governor-General to deter- mine precedence in Dominion Courts, and for the provincial authorities to do so as regards Provincial Courts. Thus in 1907 the new provinces, Saskatchewan (c. 21) and Alberta {c. 20), arranged for the appointment of King’s Counsel and the grant of precedence. (9) Ferries The question of the Dominion control over ferries may conveniently be considered in this connexion. The power given under s. 91 (13) is power with regard to ferries between a province and any British or foreign country, or between two provinces, and the nature and extent of this power was considered elaborately by the Supreme Court on a reference by the Governor-General in Council in re Inter-Provincial and International Ferries? It was contended for the Province of Ontario that the jurisdiction with regard to ferries con- ferred upon the Dominion was merely the power of the regu- lation of ferries when they had been granted by provincial authorities, and it was contended that under s. 109 of the British North America Act the proprietary right in ferries and the royal prerogative to grant a ferry were vested in the * The Attorney-General for the Dominion of Canada v. The Attorney- General for the Province of Ontario, [1898] A. C. 247; 23 0. A. R. 792. * 36 8. C. R. 206, overruling Perry v. Clerque, 5 0. R. 357. Non-inter- Provincial or international ferries fall within the jurisdiction of the provinces, ander s. 92 (16), and perhaps s.92 (2): see Dinner v. Humberstone. (1396) 26 8. (I. R. 252. at pp. 266. 267.

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