P A R T I.
DOCUMENTS AND CORRESPONDENCE RELATING TO THE LABRADOR BOUNDARY QUESTION.
TERMS OF REFERENCE TO JUDICIAL COMMITTEE.
MEMORANDUM OF AGREEMENT BETWEEN THE GOVERNMENTS OF CANADA AND NEWFOUNDLAND, DATED 11th NOVEMBER, 1920, AS AMENDED BY AN AGREEMENT DATED 20th NOVEMBER, 1922.*
(NOTE.Clauses A, B, C, D and E were substituted by the second agreement for Clauses 1 and 2 of the first agreement.)
IN THE MATTER OF
the boundary between the Dominion of Canada and the
Colony of Newfoundland in the Labrador Peninsula:
The government of the Dominion of Canada and the government of; Colony of Newfoundland having mutually agreed to submit for reference
* The second agreement was signed on behalf of the government of Canada by the Hon. Sir Lomer Gouin, Attorney-General of Canada, and on behalf of the government of Newfoundland by the Hon. W. R. Warren, Attorney-General of Newfoundland.
by His Majesty to the Judicial Committee of His Majesty's Privy Council for their decision, the following question, viz.:
"What is the location and definition of the boundary as between Canada and Newfoundland in the Labrador Peninsula under the statutes, orders-in-council and proclamations?"
it is hereby agreed by and on behalf of the respective governments aforesaid that, subject to the approval of the Judicial Committee and to such variations and additions as may be agreed upon, the procedure on such submission shall be as follows
(A). Each government shall within a fixed time, to be mutually agreed upon, deliver to the other and to the solicitors of the other in London a printed case setting forth its contention upon the question agreed to be submitted, accompanied by a printed list describing, with particulars sufficient for their identification, the documents or other evidence upon which it relies.
(B). As soon as the cases with accompanying lists have been exchanged in accordance with the preceding paragraph, a joint appendix consisting of all the documents or other evidence so listed on both sides shall forthwith be compiled and printed under the joint direction of the two governments and at their joint expense, to be shared in such reasonable proportions as shall be equitable or as may be agreed, subject always to Clause 8 of the said agreement of the eleventh of November, one thousand nine hundred and twenty, and there shall be printed at the top of each such document or piece of evidence a letter, mark or statement to identify it as a Canada exhibit or as a Newfoundland exhibit, as the case may be, and the documents shall so far as convenient be arranged in groups according to the subject matter and shall be printed as nearly as may be in their chronological order; and, as soon as possible after the printing of the joint appendix, each Government shall cause to be added to its printed case such marginal printed references by page and line of the joint appendix to the documents or other evidence mentioned in its said list as it may consider necessary or convenient for the consideration of the case, and shall deliver to the other or to the solicitors of the other in London and cause to be lodged at the Privy Council Office copies of its printed case so marginally noted as aforesaid.
(C). Each government shall be at the liberty to deliver to the other and to the solicitors of the other in London within a time to be mutually agreed upon a printed counter-case accompanied by a printed list describing, with particulars sufficient for their identification, the documents or other evidence upon which it relies.
(D). Another joint appendix, the second, including all the documents or other evidence described in the lists delivered with the counter-cases shall then be compiled and printed in the manner and subject to the stipulations hereinbefore provided or contained with respect to the principal joint
appendix, and in like manner and subject to the like requirements, the counter cases shall then be side noted, exchanged and lodged.
(E). The documents and other evidence printed in the joint appendices shall be submitted to the Judicial Committee quantum valeat and subject to the reservation by each government of all objections to their admissibility, if any, which either of the governments may be advised to urge.
(3). The two Governments shall thereupon petition His Majesty the King to refer the question so put in issue to the Judicial Committee for hearing and determination.
(4). Upon reference of the matter by His Majesty to the Judicial Committee, either of the two governments shall be at liberty to apply, on notice to the other, to the Judicial Committee to have the case set down for hearing.
(5). The procedure to be followed at the hearing shall be left to the decision of the Judicial Committee who may, if they deem it necessary or desirable, direct evidence to be taken on commission.
(6). Either party shall be entitled to give notice in writing to the other party to produce for the inspection of the agent of the party giving such notice the original of any document in the possession or control of such other party, and relating to the question agreed to be submitted, and the party to whom such notice shall have been given shall produce such original document accordingly at a convenient time and place to be agreed upon.
(7). In the discussion before the Judicial Committee reference may be made to any evidence of which judicial notice may be taken or which (having regard to the nature of the case and the parties to it) the Judicial Committee may think material and proper to be considered, whether or not the same be contained in the printed papers.
(8). The costs of the case shall be in the discretion of the Judicial Committee which is to have power to award or withhold costs.
Signed on behalf of the Government of the Dominion of Canada, at the city of London, England, this 11th day of November, A.D. 1920, by:
(Sgd.) CHAS. J. DOHERTY,
Attorney-General of Canada.
Signed on behalf of the government of Newfoundland, at the city of London, England, this 11th day of November, A.D. 1920, by:
(Sgd.) W. R. WARREN,
Attorney-General of Newfoundland.