CANADIAN WATER POWER

Southland Times, Issue 20641, 13 November 1928, Page 14

CANADIAN WATER POWER

IMPORTANT LITIGATION.

PROVINCES V. DOMINION

Ottawa, September 19.

An illustrious Bar, including ten K.C.’s, will appear in litigation instituted by the nine provinces of Canada against the Federal Government, set down for hearing next month. The question at issue concerns water rights and power. The case originated in Ontario and Quebec, but as the issue applies equally, all the provinces have voluntarily joined in the suit. The authority of the Dominion

over navigation is not at issue; the dispute is over the ownership 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 when surplus power develops from such works it belongs to the Dominion, without the necessity of consulting or compensating the province. Several of the decisions quoted by the Dominion are from the United States courts, the situation and problems of the two countries respecting water power development having much in common. The provinces contend that water powers in rivers or waterways which belonged to the provinces before confederation in 1867 remain vested to the provinces in the absence of any specific enactment in the British North America Act. It is further contended that nowhere in the Act is power given to the 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 the Dominion the right of assuming the property of a province necessary to carry out the Dominion’s legislative power, but no more; in the alternative, the provinces contend they are entitled to compensation. Arguing that the King can negotiate no international treaty affecting Canada inconsistent with the British North America Act and that no Dominion legislative power exists to authorize works wholly for power purposes, Quebec, which is mast vitally concerned, contends that the province has full legislative and beneficial ownership in water power.