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 683 declared in favour of its validity. The grant of lands was an act of the provincial legislature which it could vary by legislation, as it had done, and the power was in no way contrary to the power of the Dominion over railways. So also, as mentioned above, it was held that the precious minerals under the lands granted to the Dominion by the terms of union did not pass at all to the Dominion, but remained vested in the province, the effect of the transfer being to give to the Dominion the right of appropriation of the revenues arising from the land, not a transfer of the land in full proprietary ownership! But an attempt to extend the claim to the water rights over the land has failed both in the Supreme Court and in the Privy Council? and it has been held that grant of the land must be by the Dominion patents. In the water rights case the Privy Council were clear that the power to manage the lands was vested exclusively in the Dominion under s. 91 of the Act: otherwise the province could by legislation make null and void their own grant to the Dominion, and lessen or take away altogether its value, and they held that the Provincial Water Clauses Consolidation Act (Rev. Stat., 1897, c. 190) by s. 2 expressly excluded such lands from the operation of the law under which the Provincial Government purported to act. (¢) Indian Lands Troublesome questions have been raised about the rights of the Indians to the lands. In 1763 the royal proclamation provided that unoccupied lands should be reserved for the present for Indians, and forbade acquisition of such lands otherwise than through the Governor. In 1873 certain lands in Ontario occupied by Indians were surrendered by them to the Dominion, subject to certain rights of hunting and fishing. The Dominion claimed that, having got the lands on a good title, they alone could grant licences for cutting wood, and t Attorney-General of British Columbia v. Attorney-General of Canada. 14 App. Cas. 295 ; see [1911] A. C. 87, at pp. 94, 95. * Burrard Power Co, v. The King, 43 8. C. R. 27; [1911] A. C. 87. * The Queen v. Farwell, (1893-4) 3 Ex. C. R. 171, at p. 289: 228, C. R. 553. at p. 561.

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