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

688 THE FEDERATIONS AND THE UNION [PART IV be liable for the balance, over $62,500,000, of their whole debts and liabilities which were assumed by the Dominion. In the case of The Attorney-General for Canada v. The Attorney- General for Ontario! it was held that the two provinces were bound to repay certain annuities payable to the Ojibeway Indians under the Huron and Superior treaties, as had been decided by the arbitrators in their award of J anuary 7, 1896, and also the advanced annuities payableunder the agreement. This case was followed by the Supreme Court of Canada in The Province of Quebec v. The Dominion of Canada? which agreed that the lands were not, as the Dominion was anxious like Quebec to hold, burdened with a trust or interest in favour of the Indians which imposed on Ontario alone the payment of the annuities. Quebec also argued that a contingent liability was not intended to be borne by the provinces, but only by the Dominion. In The Queen v. Yule? the matter arose out of a toll-bridge erected in Quebec in 1845 under an Act of Canada, 8 Vict. c. 90, on the basis that in fifty years it should revert to the province, which was to pay the value of the bridge to the representatives of the proprietors. The Exchequer Court ¢ held, and the Supreme Court concurred, that there was no lien or right of retention charged upon the property—and therefore payable by Quebec—but that the amount due was a liability—though only contingent in 1867, of the Provinces of Canada, which fell upon the Dominion Government subject to reimbursement by Ontario and Quebec. (kB) Immigration The question of immigration legislation is one which has caused some doubt : the Dominion Government, as will be seen, has on grounds of public policy disallowed a good many Provincial Acts, but it has also doubted whether it was really within the legislative powers of the Parliament to pass an Act dealing with such a question as Asiatic immigra- ' [1897] A. C. 199; 258. C. R. 434; Lefroy, op. cit., pp. 612-4, * (1898) 30 8. C. R. 151. ? (1899) 30 8. C. R. 24. "6 Ex. C. R. 103.

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