The Day of Sir Wilfrid Laurier: A Chronicle of Our Own Time — John Shaqi
The Day of Sir Wilfrid Laurier: A Chronicle of Our Own TimeSkelton, Oscar D. (Oscar Douglas)
History
The Day of Sir Wilfrid Laurier: A Chronicle of Our Own Time
Skelton, Oscar D. (Oscar Douglas)
Canada -- History -- 1867-1914; Laurier, Wilfrid, Sir, 1841-1919
an appeal to the Privy Council, only to have Ontario's claim fully
substantiated, and the total area of the province confirmed as more
than double what Sir John Macdonald would have allowed it.
The next issue put to the test the power of the Dominion to veto
provincial laws. It was, in form, merely a dispute between two
lumbermen, M'Laren and Caldwell, as to whether the one higher up on the
stream could use, upon paying tolls, timber-slides built by the other
lower down. But, as Edward Blake declared in 1886, this was 'of all
the controversies between the Dominion and the provinces, by far the
most important from the constitutional point of view, for it involved
the principle which must regulate the use by the Dominion Government of
the power of disallowing provincial legislation.' When in 1881 a court
of {69} justice in Ontario held that the lumberman on the lower reaches
could prevent the one higher up from floating down his logs, Mowat had
an act passed providing that all persons possessed, and were thereby
declared always to have possessed, the right denied by this judgment.
This measure was at once disallowed by the Dominion Government. Then
the Privy Council upheld the contention of the Ontario Government as to
what the law had been even before the act was passed; and, when in 1884
the provincial legislature again passed the same act, the Dominion
conceded the point. Thereafter the veto power has been used only when
Dominion or Imperial interests were concerned, or when a statute was
claimed to be beyond the power of the province to pass. The wisdom or
justice of measures affecting only the local interests of the citizens
of a province has been left to the judgment of its own people to
determine.
Public-domain text, read in full here on John Shaqi.
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