The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 28 Mar 1882, p. 3

The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

he Provincial Government stated as clearly as possible what they believed would be jast arrangements, and what this Province could fairly and Sustly claim. They found that substi-- tucsions which were unreasonable were offered. He did nos think the provisions they asked, or the interim arrangements they demanded were unjust, unfair, or unreasonable. His hon. friend had reminded the House that the Provincial Government _ were arranging -- that _ during litigation the laws of this Province should prevail in the disputed territory, They did ask this, _and he thought it was extremely reasonable. The Pr:% ce of Manitoba had agreed to ali they had asked, so far as related to the territory south of 'the height of land. _ 'Fhe House would remember that when the Manitoba Extension Bill was be{ore the Government at Ottawa, the leader of the Government pointed out that things south of the height of dand were in a -- state of great uncertainty, Me pointed out that any one there might dispute the jurisdiction of the 'Ontario courts, and dispute the validity of the grants of land under which the titles were held. t was of great importance to the Ontario Legis-- ture that the tities to the land should be undis-- uted south of the height ot land. So far as Manitoba had jurisdiction, they could not dis-- pute them now. If his hon. fmends had read the 'agreement entered into between the two Pro-- ¥inces, they would find that there was an ex-- pressed provision under which Manitoba gave up 1.!1 right of jarisdiction, and a«sumed Ontarmio Jlaws there. _ Manitoba bad no jurisdiction over | the land. The population south of the height of 'land was about seven--eighths of the whole { pulation _ of the _ disputed _ territory so 'r:r as he (Mr. Mowat) could make out. «Jt was not merely that there was seven to 'one of the population of the disputed territory there, -- but there was more than -- seven one of the -- business transacted there, ;here was more than seven to one of the wealth 'of the disputed territory south of the height "'The expressed object of my desramh of the Sist i»1ecember last was to ascertain officially whether your Government could not be induced without making further unuecessary delay to con-- sent to some just and adequate arrangements for the government of the country, the preservation of the timber, the granting of titles to settlers, and the recognition of an undisputed authority to enforce order and administer justice. 'The evils of the existing state of things in the disputed territory are already so great and increasing so rapidly, and it had become *so important that this Province should without further delay have 'leaceablu and undisputed possession of whatever imits it is entitled to," that my Government were willingy with the concurrence of the uegislature to submit the maiter to the Privy Council on con-- dition of cousent being given by the Do-- minion Government. and that of Manitoba, to just arrangzements for the government of the country in the meantime, Without such 'provisional arranzements' my despatch stared that the Province inight as well wait for the con-- lirmation of the award by another Parliament as go to the expense and have the unavoidable de-- lay of a second litigation. I, therefore, desired to know evhether the Dominion Government were willing to agree to the provisional arrangements which had therefore from time to time been sug-- gested in written conmmnunications by this Govern-- ment and by the Attorney--General on their be« half, and which my despatch repeated, and if your Government were not willing to agree to the arrangements sgpecified I desired to be informed what the best terms were to which your Govern-- ment were prepared to agree." 8 w > " I{ the Dominion Government is not willing to agree to the arrangement suggzested, my Govern-- ment would be glad to be informed what the best terms are to which your Government is prepared to ugree for the final settiement of the question of right, and for the provisional f)g\'ernmem of the territory in the mpantime. I beg to remind you once more that, since the award, no terms have eve baen proposed to this Government with re= ference toeither matter, unless it may be in the informal. und so far nugatory, negotiations which huve rocently taken place with the Attorney-- General," His hon. frienit also read an extract from a despatch, and he asked what was their best terims :-- sponsible: for the sake of his own good name he hoped he did not ho'd himself responsible. (Laughter,; --What was the position the Provin-- cial ttoveniment assumed in making their sug-- gestion -- with regard to-- the _ provisional Arrangments when -- they _ went to the Priyy' Council* His hon. friend had read Rumething to show the position of the Provincial Government. What Mr. Mergdith had not pointed out was that the Provincial Government had always said :--* This is our position--What are the best terms we can get from you? If you won't accept our position tell us what terms you will accept, and on what terms you will settie, and then it will be for the Legislature to consider whether these are the terims we should adopt." He(Mr. Mowat) read part of the despitch of the dlst ot Decemver, 1881, to which his hon. friend had referred. 'The Ineutenant--Governor used this language with reference to the subject :-- 'of land. -- They had all they ever asked in rela-- tion to population, wealth, and usiness trans-- actions, or seven--sighths of the whole disputed Rerritory. _(Hear. haar.) . _ Mr. MEREDITH--Did not the Dominion \Government ever offer to give you the whole ? Mr. MOWAT explairted that they never offered _ it all. _ If the Ontario -- Legisia-- ture had relied on the pr(v)poul.be;m{ carried out there would have bf" a joint jurisdiction south of the heigut of land, Bljld :north of the height of land. His hon,. friend imagined that the dis-- * puted possession was with reference to the whole of the territory, and he (Mr. Mowat) _ hoped that -- his hon. _ friend would join with the (GGovernment in getting this matter put on a satisfactory basis. _ (Applause.) The Dominion (Government said nothing in answer to the petition of the Ontario Legislature, Thay did not discuss it. He pointed out to the House the advantages which the agreement secured to the Province. His hou, frigg=" bad referred to one, and that was that the award had not been abandoned. 'The matter was then still open and he (Mr. Mowat) believed that they could establish their boundaries under the award. He did not believe, however, that it was in the interests of the country that they should litigate _ this question _ in individual suits. lie thouzht it was quite clear that this award was _ valid _ legally. If _ this had _ been a ---- question _ between _ two _ indevpendent case in June or Juily. (Cheers.) This was a matter no longer depending upon any party to the agreement, and as soon as . the agreement is ratified by the Legislatures, by the parties con-- cerned, the subject would b« practically decided and almost certainly tried by June or July. Now, it was manifest that a provisional agree-- ment fo: the occupation of the territory was a matter of comparauvely little importance under those circumstances as compared with the terms for the occupancy of the country when it was clear that it might possibly last many years. _ Before the agreement had been come to they had the possibility to face of years being passed before the matter was finally settled, and then it became a question of the greatest possible; moment as to what agreement should be come to for the occu-- pancy of the territory. By gA arrangement which precluded this state of things subsisting more than a few months they hgd reduced the im« portance of the provisional agreement to a mini-- mum. -- 'This enabled thein to forego some terms in the provisional agreement which they muight otherwise have been under the necessity ot in-- sisting upon. Now, he had already pointed out that in regard to the tetritory south of ths Meight of Land they had exclusive authority and exciusive possession, and with regard to that north of the Height ot Land,during the few montius which will elapse before the case was settled by the Privy Council, they wouid lose nothing by the agreoement entered into. -- There was certainly nothing in the agreement which placed them m a worse position than they would have been in if no agreement had been made,. (Cheers.) As regards the municipal organization and ad-- ministration of justite, the stafus gro was fully recognized, and though httie inconvenience wouid arise from this being continued a fow months, the case was ent rely different, and the inconvenience would have been seriously feit had it been contnued for years,. There was an ad-- ditional advantage; in the case of litigation aris-- ing, the Courts were obliged to act on the same evidence as that which was to go to the Privy Council. was valid legally. _ If _ this had been & question between two independent nations the award would have been as valid as any award between two independent nations could be,. Further, the setvrlement of the boundary. question was a proper question for the executive authority. It was just and reasonable that the Executive should have this power. He had great hopes that the Privy Council would iuld that the Executive had the power, The xecutive of the Dominion had the power, and the award made was perfectly valid and binding on _ both parties Another point. in the agreement was that it had to be ratified by the two. Provinces before the case came before the Privy'© Council. This pro-- vision, he held, would be of great value to them. If this matter had not been settled there might have been innumerable questions as to what evi-- dence should be admitted, and if either party decided to protract the case there would not be the least difficulty of doing so. -- Now all diff-- culty and danger of that kind was shut out, and they had actually agreed on the ease, and to a large extent the evidence. Thoy hai alsonamed a date after which no evidence shonld be admit-- ted, and they had arranged for a hoaring of tlre Mr, MOWAT--As having control of all mat-- tors relating to the Province, we can require the Courts to take notice of ail matters of Provincial jurisdiction. _ Resuming, Mr. Mowat said:--It was by this Province. thas a reference of the award to the Privy Council was proposed, and not the Dominion Governmest, and when it was proposed in Deceinber, 1881, the Dominion Government did not adopt the proposal. They argued that other modes were preterable, such as a reference to the Supreme Uourt, an English ex--judge, and ouly then as On-- tamo aud Manitoba aesirod. We all know the relations beiwsen the Manitoba and the Domi-- nion Governments, and if the Dominion Govern-- ment preferréd one way, we all know what Manitoba would have preferred. _ Ths position the Government had assumed in holding posses-- sion had brought about such a condition of things that both tus Manitoba Government and the Dominion Government were satisfied that they had vetter go to the Privy Council.. o _Mr, MERKEDITH--How cin you bind any Courts to that? _ _Mr. MOWAI'--It is very clear that the hon. gentlsman does not know when we took posses-- sion. (Cheers.) We have been in possession _ Mr, MEREDITH --Didn't Mr. Plumb's reso-- lution propose to go to the Privy Council before you had taken possession * _ esd § y 4)

Powered by / Alimenté par VITA Toolkit
Privacy Policy