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

1124 ADMINISTRATION AND LEGISLATION [PART V the section, but that it would seem to him in the light of its language that there was at least grave doubt whether or not the Legislatures of some of the provinces of Canada must not be called upon by the Government to implement the provisions of the treaty in case it was ratified. Elsewhere also he indicated that the Government of Ontario ought to be consulted with regard to the treaty, and that the Govern- ment of Ontario would require to pass some of the legislation necessary before the treaty could come into effect. Sir Wilfrid Laurier did not, in dealing with the question, make any clear statement as to his views on the point of the position of the Government of Ontario, but he stated that Mr. Gibbons, by whom the treaty was negotiated, had instruc- tions during the time that the negotiations were being carried on to confer with the Government of Ontario, because the Canadian Government realized that the Ontario Government were concerned, and very properly concerned, in a matter of this kind. In 1911, however, an Act was passed which in ratifying the treaty with the United States regarding boundary waters expressly abrogates all conflicting provincial laws 2 In the case of the Commonwealth the matter is by no means so simple or free from doubt, in view of the somewhat independent position of the states. The Constitution of the Commonwealth, as adopted, empowers by s. 51 (xxix) the Commonwealth Parliament to legislate regarding external affairs, but what power is given with regard to treaties by that clause is not known, for it has never been decided by the High Court or the Privy Council, and the wide inter- pretation of external powers which might seem natural is rendered somewhat doubtful by the fact that the Common- * Of. also the direct intercourse of the Ontario Ministry and Mr. Bryce, Ambassador at Washington, on this topic ; Canadian Annual Review, 1908, pp. 309, 310. In 1911 in the reciprocity arrangement with America, the Canadian Government resolutely declined to agree to the free export of pulp from Canada since Ontario and Quebec forbade it, and disclaimed all desire to coerce the provinces—even if they could do so, which they did not claim to be able to do; cof. Parl. Pap., Cd. 5512, 5516, and House of Commons Debates, 1910-11, p. 3389. * See Canada House of Commons Debates, 1911, pp. 9337 seq.

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