Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

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

Usage license:: Get license information via the feedback formular.

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 685 whether the Dominion of Canada was entitled to recover from the province a proper proportion of annuities and other moneys which the Dominion undertook in the name of the Crown to pay to an Indian chief under a treaty of October 3, 1873. The case was decided in the first instance in the Exchequer Court of Canada in favour of the Dominion, but in the Supreme Court of Canada three out of five judges reversed the decision. Under the treaty the Indian interest Was extinguished by consent over 50,000 square miles, and in return certain payments and other rights were agreed to and promised. At that time it was not certain whether any part of the land was included within the Province of Ontario, but when the appeal was brought it had long been decided that the land was part of the province. In making the treaty the Dominion Government acted upon the rights given under the constitution, not in concert with the Ontario Government but on their own responsibility, and their motive was not any special benefit to Ontario, but a motive of policy in the interests of the Dominion as a whole. When, however, it was established by decision subsequent to 1873 that by the release of the Indian interest the lands enured to the benefit, not of the Dominion, but of the province, it became clear that Ontario had derived an advantage under the treaty, and the object of the appeal was to secure the making good by Ontario to the Dominion of so much of the burden incumbent on the Dominion as might properly be attributed to the lands within Ontario which had been dis- encumbered of the Indian interest by virtue of the treaty. In deciding the case the Judicial Committee stated that for the Dominion to win its case they must bring it within some admitted legal principle, and though the Exchequer Court of Canada, by statutes both of the Dominion and the province, had jurisdiction to hear the case, it was not entitled to dispose of it on any but proper legal grounds. It might be that in questions between a Dominion which included provinces with varying legal systems, and a particular 1894 dealings as to native lands have been conducted on the basis of agree- ment with Ontario. See [19031 A. C. 73, at p. 83.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 2)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation