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DOMINION STATUS

LONDON CONFERENCE

PROBLEMS OF CANADA

(From "The Post's" Representative.) VANCOUVER, Ist October. When the Imperial Conference of 1926 granted status equal with the Motherland to the Dominions it was arranged to hold subsequent conferences to harmonise existing law and usage with Dominion 'equality of status. The first of these conferences will open in London in a week's time. Canada will bo represented by the Hon. Ernest Lapoiute, Minister of Justice, who was present at the 1926 conference and had a big hand in drawing up the now "constitution" of the Empire. Six experts will accompany him. Imperial reservation, or review by the Government of Great Britain, is to bo the' subject of,spme consideration, at the instance of Canada. In short, Canada holds, to a degree consistent with harmonious co-operation, that, as an autonomous Dominion conceded to havo equality of,status, the Parliament of Canada, within its sphere, should have complete authority, if it chooses to avail of it, and that its enactments should not be subject to any Imperial reservation. At tho present time tho British Government can disallow any act of the Canadian Parliament. It has not done so for fifty years, but constitutionally it has the power. Furthermore, the Governor-General can bo rostrained from assenting to any Bill, so that it may be sent to Westminster for tho significance of the King's pleasure. This powej is in the same class as tho other —theory but not practice. , The question of the perpetuation or removal of this system is on tho agenda paper of tho conference. Tho expectation in official circles in Canada is that a change will be made. Another matter to be discussed is whether an Act of-the Dominion Parliament is inoperative if its limitations extend beyond Canada.. This affects rum-runniug, and a point to be cleared up is whether those engaged in its suppression may go beyond the international three-mile territorial limit. The issue has been raised repeatedly, and the weight of authority is against the wider power, but if it is enlarged, Imperial legislation will be necessary. The decision will have a bearing on United States activities off the Canadian coast. Then there is the question whether an Imperial statute, extending in its operation to the Dominions, will or will not override a Dominion statute, if one is in conflict with tho other. In discussions in the Canadian Parliament, those who discount the equality of status declaration have always, urged that tho equal? ty claim is futile, so long as tho Colonial Laws Validity Act exists. It is expected that Canada will ask for its repeal. The Merchant Shipping Act is another subject of discussion. Practically speaking, all shipping in the Empire is controlled by British, law. It is a very involved question as to where authorities begin and end. Whatever is decided will require to be the subject of Imperial legislation.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/EP19291026.2.41

Bibliographic details

Evening Post, Volume CVIII, Issue 102, 26 October 1929, Page 9

Word Count
478

DOMINION STATUS Evening Post, Volume CVIII, Issue 102, 26 October 1929, Page 9

DOMINION STATUS Evening Post, Volume CVIII, Issue 102, 26 October 1929, Page 9