CHAP, 1] THE DOMINION OF CANADA 681
Moreover, after many years, the Judicial Committee * upset
at last the absurd idea that the power of appointing Queen’s
Counsel was one only to be used by the Governor-General. In
all these cases it is important to note that the decision of
the Privy Council at once restored the just equilibrium of the
powers of the several factors in the constitution : the power
of the Governor-General to pardon is to pardon offences
against Dominion laws and offences which can be tried by
Colonial Courts by virtue of Imperial Acts. That he should
have pardoned persons who were not convicted of more than
breaches of provincial regulations would have been indeed
unwise. Similarly it is for the Governor-General to deter-
mine precedence in Dominion Courts, and for the provincial
authorities to do so as regards Provincial Courts. Thus in
1907 the new provinces, Saskatchewan (c. 21) and Alberta
{c. 20), arranged for the appointment of King’s Counsel and
the grant of precedence.
(9) Ferries
The question of the Dominion control over ferries may
conveniently be considered in this connexion. The power
given under s. 91 (13) is power with regard to ferries between
a province and any British or foreign country, or between
two provinces, and the nature and extent of this power was
considered elaborately by the Supreme Court on a reference
by the Governor-General in Council in re Inter-Provincial
and International Ferries? It was contended for the Province
of Ontario that the jurisdiction with regard to ferries con-
ferred upon the Dominion was merely the power of the regu-
lation of ferries when they had been granted by provincial
authorities, and it was contended that under s. 109 of the
British North America Act the proprietary right in ferries
and the royal prerogative to grant a ferry were vested in the
* The Attorney-General for the Dominion of Canada v. The Attorney-
General for the Province of Ontario, [1898] A. C. 247; 23 0. A. R. 792.
* 36 8. C. R. 206, overruling Perry v. Clerque, 5 0. R. 357. Non-inter-
Provincial or international ferries fall within the jurisdiction of the provinces,
ander s. 92 (16), and perhaps s.92 (2): see Dinner v. Humberstone. (1396)
26 8. (I. R. 252. at pp. 266. 267.
