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No. 910.


ONTARIO-MANITOBA BOUNDARY CASE.

IMPERIAL ORDER IN COUNCIL, 11TH AUGUST, 1884, EMBODYING HER MAJESTY'S DECISION ON THE REPORT FROM THE JUDICIAL COMMITTEE OF HER PRIVY COUNCIL, DATED 22ND JULY, 1884.



At the Court, at Osborne House, Isle of Wight, the 11th day of August, 1884.

Present :
THE QUEEN'S MOST EXCELLENT MAJESTY.
HIS ROYAL HIGHNESS THE PRINCE OF WALES.
LORD PRESIDENT.EARL OF NORTHBROOK.
LORD STEWARD.Sir T. ERSKINE MAY.
Earl GRANVILLE.Sir A. COOPER KEY.

WHEREAS there was this day read at the Board a Report from the Judicial Committee of the Privy Council, dated the 22nd of July last past, in the words following, viz. :—

“Your Majesty having been pleased by your Order in Council of the 26th June, 1884, to refer unto this Committee the humble petition of Oliver Mowat, Your Majesty's Attorney-General for the Province of Ontario, as representing that Province, and of James Andrews Miller, Your Majesty's Attorney-General for the Province of Manitoba, as representing that Province, in the matter of the boundary between the Provinces of Ontario and Manitoba, in the Dominion of Canada, between the Province of Ontario of the one part and the Province of Manitoba of the other part, setting forth that a question has arisen, and is in dispute, between the Provinces of Ontario and Manitoba, respecting the western boundary of the Province of Ontario, and it has been agreed between those Provinces to submit such question to Your Majesty in Council for determination ; the following Special Case has accordingly been agreed upon between the petitioners as representing the two Provinces aforesaid :—

“ 'SPECIAL CASE.

“ 'The Province of Ontario claims that the western boundary of that Province is either (1) the meridian of the most north-westerly angle

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of the Lake of the Woods, as described in a certain Award made on the 3rd August, 1878, by the Honourable Chief Justice Harrison, Sir Edward Thronton [sic], and Sir Francis Hincks, or (2) is a line west of that point.

“ 'The Province of Manitoba claims that the boundary between that Province and the Province of Ontario is (1) the meridian of the confluence of the Ohio and Mississippi Rivers, or (2) is that portion of the height of land dividing the waters which flow into Hudson's Bay from those which empty into the valley of the Great Lakes, and lying to the west of the said meridian line.

“ 'It has been agreed to refer the matter to the Judicial Committee of Her Majesty's Privy Council, and an Appendix has been prepared containing the materials agreed to be submitted with this Case for the adjudication of the dispute ; each and every of the particulars in the said Appendix is submitted quantum valeat, and not otherwise.

“ 'In addition to the particulars set forth in the Appendix, any historical or other matter may be adduced which, in the opinion of either party, may be of importance to the contention of such party, and (subject to any rule or direction of the Judicial Committee in that behalf) such additional matter is to be printed as a separate Appendix by the party adducing the same, and copies are to be furnished at least ten days before the argument.

“ 'The book known as the Book of Arbitration Documents may be referred to in the argument for the purpose of shewing in part what materials were before the Arbitrators.

“ 'It is agreed that in the discussion before the Judicial Committee of the Privy Council 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 Privy Council may think material and proper to be considered, whether the same is or is not contained in the printed papers.

“ 'The questions submitting to the Privy Council are the following : —

“ '(1) Whether the Award is or is not, under all the circumstances, binding ?

“ '(2) In case the Award is held not to settle the boundary in question, then what, on the evidence, is the true boundary between the said Provinces ?

“ '(3) Whether, in case legislation is needed to make the decision on this case binding or effectual, Acts passed by the Parliament of Canada and the Provincial Legislatures of Ontario and Manitoba in connection with the Imperial Act 34 and 35 Vict., cap. 28, or other-

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wise, will be sufficient, or whether a new Imperial Act for the purpose will be necessary.

“ 'O. MOWAT,
“ 'Attorney-General of Ontario.

“ 'JAMES A. MILLER,
“ 'Attorney-General of Manitoba.'

“And humbly praying that Your Majesty in Council will be pleased to take the said Special Case into consideration, and that the said Special Case may be referred by Your Majesty to the Lords of the Judicial Committee of the Privy Council to report thereon to Your Majesty at the Board, and that such Order may be made thereupon as to Your Majesty shall seem meet. The Lords of the Committee, in obedience to Your Majesty's said Order of Reference, have taken the said humble Petition and Special Case into consideration, and having heard counsel for the Province of Ontario, and also for the Province of Manitoba, their Lordships do this day agree humbly to report to Your Majesty as their opinion :—

“ 1. That legislation by the Dominion of Canada, as well as by the Province of Ontario, was necessary to give binding effect as against the Dominion and the Province to the Award of the 3rd August, 1878, and that, as no such legislation has taken place, the Award is not binding.

“ 2. That, nevertheless, their Lordships find so much of the boundary lines laid down by that Award as relate to the territory now in dispute between the Province of Ontario and the Province of Manitoba to be substantially correct and in accordance with the conclusions which their Lordships have drawn from the evidence laid before them.

“3. That, upon the evidence, their Lordships find the true boundary between the western part of the Province of Ontario and the south-eastern part of the Province of Manitoba to be so much of a line drawn to the Lake of the Woods, through the waters eastward of that lake and west of Long Lake, which divide British North America from the territory of the United States, and thence through the Lake of the Woods to the most north-western point of that lake, as runs northward from the United States boundary, and from the most north-western point of the Lake of the Woods a line drawn due north until it strikes the middle line of the course of the river discharging the waters of the lake called Lake Seul, or the Lonely Lake, whether above or below its confluence with the stream flowing from the Lake of the Woods towards Lake Winnipeg, and their Lordships find the true boundary between the same two Provinces

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to the north of Ontario and to the south of Manitoba, proceeding eastward from the point at which the beforementioned line strikes the middle line of the course of the river last aforesaid, to be along the middle line of the course of the same river (whether called by the name of the English River or, as to the part below the confluence, by the name of the River Winnipeg) up to Lake Seul, or the Lonely Lake, and thence along the middle line of Lake Seul, or the Lonely Lake, to the head of that lake, and thence by a straight line to the nearest point of the middle line of the waters of Lake St. Joseph, and thence along that middle line until it reaches the foot or outlet of that lake, and thence along the middle line of the river by which the waters of Lake St. Joseph discharge themselves, until it reaches a line drawn due north from the confluence of the rivers Mississippi and Ohio which forms the boundary eastward of the Province of Manitoba.

“ 4. That without expressing an opinion as to the sufficiency or otherwise of concurrent legislation of the Provinces of Ontario and Manitoba, and of the Dominion of Canada (if such legislation should take place), their Lordships think it desirable and most expedient that an Imperial Act of Parliament should be passed to make this decision binding and effectual.”

Her Majesty, having taken the said Report into consideration, was pleased by and with the advice of Her Privy Council to approve thereof, and to order, as it is hereby ordered, that the same be punctually observed, obeyed and carried into execution. Whereof the Governor-General of the Dominion of Canada, the Lieutenant-Governor of the Province of Ontario, the Lieutenant Governor of the Province of Manitoba, and all other persons whom it may concern, are to take notice and govern themselves accordingly.

C. L. PEEL.

[1927lab]


 

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