Full text: Responsible government in the Dominions (Vol. 2)

756 THE FEDERATIONS AND THE UNION [PART IV 
on the appeal from the provinces to the Dominion, ‘and 
Ontario has been anxious (for example in 1909) to reduce 
the cases in which appeal is allowed. As a Court of Appeal 
the Supreme Court is bound to take legal notice of the law 
of each Province of Canada,! but it is certainly striking that 
it should insist on refusing to hear appeals from the reference 
of constitutional questions by the Provincial Government 
to the Courts,? though this is provided for by the Provincial 
Acts, and these Acts provide that appeals shall lie, and treat 
them as final judgements in every way. Clearly a decision 
on appeal would bind the Courts below, but no doubt it is 
felt that the reference in such cases should be rather to the 
Privy Council as the final Court of Appeal. 
§ 7. FINANCIAL RELATIONS 
Part viii of the British North America Act deals with 
the finances of the Federal and Provincial Governments. 
The revenues of the old provinces are made into a consoli- 
dated fund, except such portion as is reserved to the provinces 
or raised by them under the powers given by s. 92 of the 
Act, and that fund is permanently charged with the cost of 
collection, then with the interest of the provincial debts, 
and next with the salary of the Governor-General, fixed at 
£10,000 subject to alteration by the Parliament. After that 
rank appropriations made by the Parliament of Canada. All 
stocks, cash, bankers’ balances, and securities for money 
are transferred to Canada, and are to be taken in reduction 
of the public debt of each province, while the public works 
scheduled in the third schedule to the Act were transferred 
to Canada. Then? by s. 109 it is provided that all lands, 
mines, minerals, and royalties belonging to the several 
provinces, and all sums then due or pavable for such lands, 
t Logan. v. Lee, 39 8. C. R. 311 ; Cooper v. Cooper, 13 App. Cas. 88. 
t See Ontario Act, 1909, c. 52; Alberta Act, 1908, c. 9; Saskatchewan 
Rev. Stat., 1909, c. 57; and the Rev. Stat. of the Provinces of Quebec, Nova, 
Scotia, New Brunswick, Manitoba, and British Columbia. 
¢ Of. Booth v. McIntyre, (1880) 31 U. C. C. P., at pp. 193, 194: Lefroy. 
op. éit., p. 614. as to what is a trust.
	        
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