1122 ADMINISTRATION AND LEGISLATION [PART V
In 1911 the Canadian Government were ready to accept
a trade preference on various articles from the United States,
but on the whole mainly in articles in regard to which there
was no serious competition with British interests; even that
action excited much comment in Canada and in England?
and told against the Government in the election of 1911.
§ 4. TREATIES AS AFFECTING FEDERATION
In the case of the two federations of Canada and the
Commonwealth, treaty matters are complicated by the fact
that the powers of legislation and government are shared
somewhat differently between the central and the Provincial
or State Governments.
In the case of Canada, s. 132 of the British North America
Act provides that the Parliament and Government of Canada
shall have all powers necessary and 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 clause appears to be interpreted to mean, and must
apparently have meant, at least as regards treaties concluded
before 1867, that the existence of a treaty, whatever the
subject-matter, conferred full powers upon the Dominion
Parliament. Under constitutional practice, however, the
Canadian Government does not adhere to new treaties where
the matter concerned is one which is within the exclusive
legislative competence of the provincial legislatures unless
the Provincial Governments consent to such -adherence.
Thus the Dominion Government has not adhered to the
Convention between the United Kingdom and the United
States of America, relative to the disposal of real and
personal property, though the topic might have been held
to fall under the power to legislate as to aliens under s. 91
of the British North America Act, 1867, or to the Convention
for the prohibition of the night-work of women, or to the
Convention with France as to automobiles, as all the Pro-
vincial Governments were not prepared to adhere.
t See Imperial House of Commons Debates, xxi. 842, 493 seq.
