WATER POWER

Evening Post, Volume CVI, Issue 94, 1 November 1928, Page 4

WATER POWER

DISPUTE IN CANADA GOVERNMENTS AT JjAW '"..- (From "The PostV ReprmnttflwJi OTTAWA, 19th. September. An illustrious bar, 'including ten X.C.'s, will appear in litigation instituted by tho nine provinces of Canada against tho Federal Government, set down for hearing next month.' <■. The question at issue- concerns water rights and power. ■ ....'.. Tho caso originated in Ontario and. Quebec, but as tho issue applies equally, all tho provinces have voluntarily joined in tho suit. 'The authority of the Dominion over navigation is not: at issue; rather, tho 'disputd is over tha o\vnership of surplus .power, developed from Works connected with.navigation. The Dominion, in its defence contends that, when it constructs works for the improvement of navigation and surplus power develops from such works it belongs to tho Dominion, without the necessity .of consulting or compensating tho province. Several of the do-,' cisions quoted by , the Pominion.'.. are from tho United States Courts,.,the situation and problems of the two countries, respecting water power development, having much in common. Tho provinces contend that •■ watejr powers in rivers or waterways which belong to tho provinces before Confederation in 18G7 remain vested, in tho provinces in the absence; of any specific enactment in the British North America Act. It is further contended that nowhere in the .B.N.A. Act is power given to tho Dominion to engage in developing water power; further, that the Dominion has no right to use, assume, or "expropriate provincial water powers. The provinces concede to tho Dominion tho right of assuming tho property of the province necessary to carry out tho Dominion's legislative power, but no more; in the alternative, the provinces contend they are entitled to compensation. ' ." Arguing that tho King can negotiate no international treaty att'eetiug Canada inconsistent with the B.N.A ' Act, and that no Dominion legislative power exists to authorise works wholly for power purposes, Quebec, which is. most vitally concerned, contend^ that the province has full legislative and beneficial ownership in water power. It may bo added, in this connection, that the British Government has hot in any caso in any instance failed to conceive a demand by Canada for amendment of the B.N.A- Act.-