(Enclosure in No. 14.)
MINUTE OF PRIVY COUNCIL. [CANADA.]
REQUESTING REFERENCE OF BOUNDARY QUESTION TO JUDICAL COMMITTEE.
P.C. 82 M.
Extract from a Report of the Committee of the Privy Council,
approved by the Governor General on the 18th April, 1904.
The Committee of the Privy Council have had under consideration a communication dated 29th February, 1904, from the Lieutenant Governor of the Province of Quebec, respecting the differences between the Government of the Colony of Newfoundland on the one hand, and the Governments of Canada and of the Province of Quebec, on the other, regarding the boundary between the Newfoundland Labrador and the Dominion of Canada.
The Minister of Justice, to whom said matter was referred, submits that a Minute of Council dated 10th March 1903 was forwarded to the Right Honourable the Secretary of State for the Colonies, with a view to the cancellation of certain timber licenses granted by the Government of Newfoundland within Canadian territory.
The Minister further submits that on the 21st August 1903, the Right Honourable the Secretary of State for the Colonies transmitted a despatch from the Government of Newfoundland refusing to admit the claim of the Canadian Government and denying that the territory belonged to Canada.
In his despatch the Secretary of State for the Colonies suggested that if the Government of Canada were not satisfied with the reply of the Newfoundland Government they would doubtless take the necessary steps to obtain a legal decision in the matter.
The Minister further states that the Government of the Province of Quebec now requests that the question of the position of the boundary between the Newfoundland Labrador and the Dominion of Canada may be submitted for a hearing by the Judicial Committee of the Privy Council
under the provisions of Section 4 of the Imperial Statute 3 and 4 William IV, chapter 41.
The Committee on the recommendation of the Minister of Justice, advise that the Governor General be moved to again bring the matter to the attention of the Right Honourable the Secretary of State for the Colonies with a view to having the questions in dispute referred for a hearing to the Judicial Committee of the Privy Council.
All which is respectfully submitted for approval.
Clerk of the Privy Council.
A. LYTTELTON TO LORD MINTO
ADVISING THAT HIS MAJESTY'S GOVERNMENT APPROVES OF THE PROPOSED REFERENCE OF BOUNDARY QUESTION TO JUDICIAL COMMITTEE.
20th May, 1904.
I have the honour to acknowledge the receipt of Your Lordship's despatch No. 118 of the 20th of April and to inform you that His Majesty's Government concur in the view of your Ministers that the question of the boundary between the Dominion of Canada and Newfoundland in the Peninsula of Labrador is a proper one to be referred to the Judicial Committee of the Privy Council under section 4 of 3 and 4 William IV Cap. 41.
2. I have accordingly to suggest that your Government should agree with the Government of Newfoundland to submit the matter to His Majesty in Council and also as to the evidence and case to be submitted, and that each Government should then petition His Majesty for a decision.
3. I am addressing a similar despatch to the Governor of Newfoundland.
I have, etc.,
(Sd.) ALFRED LYTTELTON.