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

760 THE FEDERATIONS AND THE UNION [PART IV of Canada whose functions were not provincial were to con- tinue in office and exercise their functions as before, and the Governor-General in Council could appoint new officers. All laws in force were to remain in force until altered by the authorities created by the Act, but no powers of alteration which were not before existing were given by s. 129, a fact which told against the claim made by the Minister of Justice of Canada in regard to copyright, that the Parliament had power to repeal any Imperial Act extending to Canada before 1867. Then several sections provide for the constitution of officers in Quebec and Ontario in place of the officers of the United Provinces ; the Lieutenant-Governors were autho- rized to change the Great Seals by Order in Council for these provinces ; arrangements were made for an arbitration as to the property of the Union to be transferred to either province! and the records were to be distributed by the Governor-General in Council, and provision was made for the accepting in evidence of certified copies of such records, presumably to avoid trouble in producing an original in the province in which it was not to be kept. Provision was also made for the issue of proclamations before union to commence after union, and for proclamations after the union to be made in virtue of antecedent authority of the united province. There are also more important clauses: s. 132 confers on the Parliament and Government of Canada all powers necessary or proper for performing the obligations of Canada, or of any province thereof, as part of the British Empire towards foreign countries arising under treaties between the Empire and such foreign countries. The effect of this 1 See Canada Sess. Pap., 1871, No. 21. The Quebec arbitrator refused to act because of disagreements, but the award of the other two arbitrators was proceeded with and pronounced valid ; see In the Matter of an Arbitra- tion and Award between the Province of Ontario and the Province of Quebec, 4 Cart. 712. For further developments of this question and of the subse- quent arbitration of 1891 (54 & 55 Vict. c. 6; Ontario, 54 Vict. ¢. 2; Quebec, 54 Vict. c. 4), see Attorney-General for Ontario v. Attorney-General for Quebec, [1903] A. C. 39; Province of Quebec v. Province of Ontario, [1910] A. C. 627; Province of Ontario and Dominion of Canada v. Province of Ouebec, 25 8S. C. R. 434.

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