CHAP. I] THE DOMINION OF CANADA 747
laid down that the Governor-General was entrusted with
authority, to which a corresponding duty attached, to disallow
any law contrary to reason or to natural justice and equity.
Sir John Macdonald, in 1881, declared that it devolved upon
the Dominion Government to see that the power of a local
legislature to take away private rights was not exercised
in flagrant violation of private rights and natural justice.!
In 1893 the acting Minister of Justice used the following
language in referring to an Ontario statute :—
Assuming the statute to have the effect which the railway
company attribute to it, the case would appear to be that of
a statube which interferes with vested rights of property
and the obligation of contract without providing for com-
pensation, and would therefore, in the opinion of the under-
signed, furnish sufficient reason for the exercise of the power
of disallowance.?
The speech of Mr. Aylesworth received the honour of
quotation at length in the reply of the Government of Ontario
to the applications for the disallowance of legislation regarding
electric power in the session of 19093 The Legislature had
intended to allow the municipalities of the province to make
agreements with the Hydro-Electric Commission, a body
established under an Act of 1906 (c. 15), and reconstituted
ander an Act of 1907 (c. 19) for the purpose of acting as
agents of the municipalities in obtaining cheap water-power
from Niagara. The municipalities were, however, first to be
authorized to do so by a vote of the ratepayers, and it was
in the intention of the Government that if this were done the
council of the municipality could make the contract without
ratification by the ratepayers, as was normally necessary.
+ Provincial Legislation, 1867-95, p. 178.
© Provincial Legislation, 1867-95, p. 239. The Act was 55 Vict. c. 8.
Similarly the Nova Scotia Mining Act, 55 Vict. c. 1, was amended to avoid
disallowance ; see Lefroy, pp. 199, 200. It was objected to on the ground
that it took away rights of litigants.
3 Of. Canadian Annual Review, 1908, pp. 296-311, 337, 338; 1909, pp.
372 seq. ; 1910, pp. 402-11. The petition for disallowance was heard at
Ottawa on Oct. 7 by a sub-committee of the Privy Council, counsel
appearing for the petitioner, but was refused in 1910. and the Courts declined
to interfere with the law.