Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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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:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

1224 ADMINISTRATION AND LEGISLATION [PART V Act of 1875. It was pointed out in a long report! the substance of which were the old objections which had been raised years before, that the Berne Convention had somewhat increased the causes of complaint which had formerly existed by giving foreign authors an automatic copyright in Canada. The benefit conferred on Canadian authors was comparatively small, and the proximity of the United States demanded that Canada should be treated in a different way from any other Dominion. The Government of Canada were satisfied that their proposals in the Act of 1889 were adequate in the interests of the author, and they were prepared to submit regulations to secure the collection of the royalty contem- plated in the Act and its payment to the proper parties. The Minister of Justice also argued as to the validity of the Copyright Act as passed. He contended that the Act was not inconsistent with any Imperial legislation passed since the adoption of the British North America Act, 1867, except, of course, the Imperial Act of 1886, which had been applied to Canada by Order in Council. He contended that the grant of power to legislate as to copyright by the British North America Act was a grant of power to repeal previous Imperial legislation applicable to Canada. He admitted that the view taken by the Imperial Law Officers in 1874 was that the grant of power in the British North America Act was merely a grant of power to the Dominion Parliament as opposed to the Provincial Legislatures, and that it gave no greater power to the Dominion than the Provincial Legisla- tures had hitherto enjoyed. In replying on March 25, 1890, to the Governor-General’s dispatch, Lord Knutsford intimated that he was unable to authorize the Governor-General to issue a proclamation to bring the Act of 1889 into force.2 He stated that he was advised by the Law Officers that the British North America Act did not authorize the Dominion Parliament to amend or repeal, as far as relates to Canada, an Imperial Act conferring privileges within Canada. He pointed out that similar advice had been given by the Law Officers in 1871 and 1874. Parl. Pap., C. 7783, pp. 4-9. ? Ibid., pp. 12, 13.

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