In the Privy Council.
IN THE MATTER of the BOUNDARY between the DOMINION of CANADA and the COLONY of NEWFOUNDLAND in the LABRADOR PENINSULA.
TABLE OF CONTENTS
OF
VOLUME I
OF
JOINT APPENDIX.
| | PAGE |
CASE on behalf of the COLONY of NEWFOUNDLAND
CASE of the DOMINION of CANADA
COUNTER-CASE on behalf of the COLONY of
NEWFOUNDLAND
COUNTER-CASE of the DOMINION of CANADA | 1
39
89
107 |
PART I.
DOCUMENTS AND CORRESPONDENCE RELATING TO THE LABRADOR BOUNDARY QUESTION.
No. | Date. | | Descriptions of Document. | Page. |
SECTION I.--TERMS OF REFERENCE TO JUDICIAL COMMITTEE. |
| 1 | 11th Nov. 1920 .. | J | Memorandum of Agreement between the
Governments of Canada and Newfoundland
as amended by an agreement dated 20th
November, 1922 . . . . . . . . . . | 125 |
SECTION II.--CORRESPONDENCE BETWEEN DOMINION GOVERNMENT
AND COLONIAL OFFICE AND NEWFOUNDLAND GOVERNMENT,
LEADING UP TO AGREEMENT OF REFERENCE. |
| | | | (A) SUBMITTED BY CANADA. | |
| 2 | 18th Mar. 1903 .. | C | Lord Minto to J. Chamberlain. Reference of
Minute of the Privy Council re grant of
timber licence by Newfoundland of lands
claimed by Quebec, and requesting that
matter be represented to Newfoundland
with a view to cancellation thereof . . . . | 128 |
| 3 | 10th Mar. 1903 .. | C | Extract from a Report of a Committee of the
Honourable the Privy Council . . . . . . | 129 |
| 4 | 18th Dec. 1902 .. | C | Lieut.-Governor of Quebec to Secretary of
State re timber license issued by
Newfoundland . . . . . . . . . . | 130 |
| 5 | Dec. 1902 .. | C | Department des Terres Forets et Pecheries . . | 131 |
| 6 | 9th Dec. 1902 .. | C | Grand River Pulp and Lumber Company to
Deputy-Minister of Lands, Quebec . . . . | 132 |
| 7 | ------ | C | Map indicating territory for which license
granted by Newfoundland . . . . . . | 133 |
| 8 | 8th Apr. 1903 .. | C | J. Chamberlain to Lord Minto stating matter
re timber grant referred to Governor of
Newfoundland . . . . . . . . . . | 134 |
| 9 | 21st Aug. 1903 .. | C | J. Chamberlain to Lord Minto. Reference
of despatch received from Newfoundland re
timber licence granted . . . . . . . . | 134 |
| 10 | 24th July 1903 .. | C | Governor of Newfoundland to J.
Chamberlain, transmitting Minute of
Newfoundland Council re representation of
Canada . . . . . . . . . . . . . . | 135 |
| 11 | 17th July 1903 .. | C | Copy of Approved Minute of Council.
(Newfoundland) . . . . . . . . . . | 136 |
| 12 | 29th Feb. 1904 .. | C | Lieut-Governor of Quebec to Secretary of
State. Transmitting for consideration of
Council report of Minister of Lands of
Quebec re disputed territory . . . . . . | 137 |
| 13 | 25th Feb. 1904 .. | C | Report by the Minister of Lands, Quebec, re
disputed territory . . . . . . . . . . | 138 |
| 14 | 20th Apr. 1904 .. | C | Lord Minto to A. Lyttelton enclosing copy
of Minute of Privy Council requesting
reference of Boundary question to Judicial
Committee . . . . . . . . . . . . | 139 |
| 15 | 18th Apr. 1904 .. | C | Minute of Privy Council (Canada) requesting
reference of Boundary question to Judicial
Committee . . . . . . . . . . . . | 140 |
| 16 | 20th May 1904 .. | C | A. Lyttelton to Lord Minto advising that His
Majesty's Government approves of the
proposed reference of Boundary question to
Judicial Committee . . . . . . . . . . | 141 |
| 17 | 2nd Oct. 1907 .. | C | Governor of Newfoundland to Lord Grey
concurring in proposal of Canada to submit
Labrador boundary question to Judicial
Committee for decision . . . . . . . . | 142 |
| 18 | 9th Dec. 1907 .. | C | Lord Grey to Governor of Newfoundland,
enclosing Minute of Privy Council requesting
Attorney-General of Newfoundland to
communicate with Minister of Justice to
arrange procedure for bringing Boundary
question before His Majesty in Council . . | 143 |
| 19 | 3rd Dec. 1907 .. | C | Extract from a Report of the Committee of
the Privy Council . . . . . . . . . . | 144 |
| | | |
(B) SUBMITTED BY NEWFOUNDLAND. | |
| 20 | 10th Oct. 1902 .. | N | Secretary for Department of the Interior to
Grand River Pulp and Lumber Company . . | 145 |
| 21 | 5th Dec. 1902 .. | N | Deputy Minister of Lands, Quebec, to Grand
River Pulp and Lumber Company . . . . | 146 |
| 22 | 9th Dec. 1902 .. | N | Grand River Pulp and Lumber Company to
Deputy-Minister of Lands, Quebec . . . . | 147 |
| 23 | 18th June 1926 .. | N | Extract from Affidavit of W. J. Carson . . | 148 |
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PART II. |
STATUTES, ORDERS-IN-COUNCIL AND PROCLAMATIONS RELATING TO THE LOCATION AND DEFINITION OF THE BOUNDARY AS BETWEEN CANADA AND NEWFOUNDLAND IN THE LABRADOR PENINSULA.
|
| 24 | 25th Apr. 1763 .. | J | Commission appointing Thomas Graves
Governor and Commander-in -Chief in and
over the Island of Newfoundland, the Coast
of Labrador, etc. . . . . . . . . . . | 149 |
| 25 | 7th Oct. 1763 .. | J | Royal Proclamation of 7th October, 1763 . . | 153 |
| 26 | 1774 .. | J | The British North America (Quebec) Act,
1774, 14 Geo. III, c. 83 (Imperial). An Act
for making more effectual provision for the
Government of the Province of Quebec in
North America . . . . . . . . . . | 158 |
| 27 | 1791 .. | J | The Clergy Endowments (Canada) Act,
1791, 31 Geo. III, c. 31 (Imperial). The
Constitutional Act. An Act to repeal
certain parts of An Act for making more
effectual provision for the Government
of the Province of Quebec in North
America and to make further provision
for the Government of the said Province . . | 164 |
| 28 | 24th Aug. 1791 .. | J | Imperial Order in Council dividing the
Province of Quebec into the Province of
Upper Canada and the Province of
Lower Canada . . . . . . . . . . | 182 |
| 29 | 18th Nov. 1791 .. | C | Proclamation of Lieut-Governor of
Quebec fixing the day for the
commencement of the New Constitution . . | 185 |
| 30 | 11th Aug. 1803 .. | C | Imperial Act, 43 Geo. III, Cap. 138. An
Act for extending jurisdiction of the
Courts of Justice in the Provinces of
Lower and Upper Canada to certain parts
of North America adjoining to the said
Provinces . . . . . . . . . . . . | 187 |
| 31 | 30th Mar. 1809 .. | J | The Newfoundland Act, 1809, 49 Geo.
III, c. 27 (Imperial). An Act for
establishing Courts of Judicature in the
Island of Newfoundland and the Islands
adjacent; and for re-annexing Part of the
Coast of Labrador and the Islands lying
on the said Coast to the Government of
Newfoundland . . . . . . . . . . | 190 |
| 32 | 31st May 1811 .. | C | 51 Geo. III, c. 45, 1811 (Imperial). An Act
for taking away the public use of certain
Ships Rooms in the Town of St. John [sic], in
the Island of Newfoundland; and for
Instituting Surrogate Courts on the Coast
of Labrador, and in certain Islands adjacent
thereto . . . . . . . . . . . . . . | 197 |
| 33 | 2nd July 1821 .. | C | Act, 1-2 Geo. IV, c. 66, (Imperial), 1821. An
Act for regulating the Fur Trade, and
establishing a Criminal and Civil Jurisdiction
within certain Parts of North America . . | 199 |
| 34 | 22nd June 1825 .. | J | Act, 6 Geo. IV, c. 59, 1825 (Imperial). An
Act to provide for the Extinxtion of Feudal
and Seignioral Rights and Burthens on Lands
held à Titre de Fief and à Titre de Cens in the
Province of Lower Canada, and for the
gradual Conversion of those Tenures into the
Tenure of Free and Common Soccage; and for
other Purposes relating to the said Province | 205 |
| 35 | 23rd July 1840 .. | J | Extract from The British North America Act,
1840, 3-4 Vict., c. 35 (Imperial). (The Act of
Union.) An Act to re-unite the Provinces of
Upper and Lower Canada, and for the
Government of Canada . . . . . . . . | 214 |
| 36 | 1865 .. | N | Colonial Laws Validity Act, 1865, 28 & 29
Vict., c. 63 (Imperial). An Act to Remove
doubts as to the Validity of Colonial Laws | 215 |
| 37 | 29th Mar. 1867 .. | J | The British North America Act, 1867, 30
Vict., c. 3 (Imperial). An Act for the Union
of Canada, Nova Scotia, and New Brunswick,
and the Government thereof; and for
Purposes connected therewith . . . . | 217 |
| 38 | 31st July 1868 .. | J | Rupert's Land Act, 1868, 31-32 Vict., c. 105
(Imperial). An Act for enabling Her Majesty
to accept a Surrender upon Terms of the
Lands, Privileges, and Rights of "The
Governor and Company of Adventurers of
England trading into Hudson's Bay," and for
admitting the same into the Dominion of
Canada . . . . . . . . . . . . | 219 |
| 39 | 23rd June 1870 .. | J | Imperial Order in Council. (With Schedules) | 221 |
| 40 | 29th June 1871 .. | N | British North America Act, 1871, 34 & 35
Vict., c. 28 (Imperial). An Act respecting
the Establishment of Provinces in the
Dominion of Canada . . . . . . . . | 242 |
| 41 | 31st July 1880 .. | J | Imperial Order in Council. Annexing all
British Territories in North America (except
Newfoundland and its Dependencies) to
Canada . . . . . . . . . . . . | 244 |
| 42 | 6th July 1895 .. | J | Colonial Boundaries Act, 1895, 58 & 59
Vict., c. 34. An Act to provide in certain
cases for the Alteration of the Boundaries
of the Colonies . . . . . . . . . . | 245 |
| 43 | 13th June 1898 .. | N | Statute of Canada, 61 Vict., c. 3, 1898.
An Act respecting the North-Western,
Northern and North-Eastern Boundaries
of the Province of Quebec . . . . . . | 246 |
| 44 | 1st Apr. 1912 .. | N | Statute of Canada, 2 Geo. V, c. 45. An
Act to extend the Boundaries of the
Province of Quebec . . . . . . . . | 248 |
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PART III. |
STATUTES RELATIVE TO NEWFOUNDLAND AND THE GOVERNMENT OF THE FISHERY.
|
| 45 | 1699 .. | C | Act, 10 & 11 Wm. III, c. 25 (Imperial). An
Act to encourage the Trade to Newfoundland | 250 |
| 46 | 1775 .. | C | Act, 15 Geo. III, c. 31 (Imperial). (Sir Hugh
Palliser's Act), (1775.) An Act for the
Encouragement of the Fisheries carried on
from Great Britain, Ireland, and the British
Dominions in Europe, and for securing the
Return of the Fishermen, Sailors, and others
employed in the said Fisheries, to the Ports
thereof, at the end of the Fishing Season . . | 257 |
| 47 | 1786 .. | C | Act, 26 Geo. III, c. 26 (Imperial). An Act to
amend and render more effectual the several
Laws now in force for encouraging the
Fisheries carried on at Newfoundland and
Parts adjacent, from Great Britain, Ireland
and the British Dominions in Europe; and
for granting Bounties, for a limited Time, on
certain Terms and Conditions . . . . . . | 273 |
| 48 | 1789 .. | C | Act, 29 Geo. III, c. 53 (Imperial). An Act
for further encouraging and regulating the
Newfoundland, Greenland and Southern
Whale Fisheries . . . . . . . . . . | 286 |
| 49 | 1791 .. | C | Act, 31 Geo. III, c. 29 (Imperial). An Act
for establishing a Court of Civil Jurisdiction
in the Island of Newfoundland, for a limited
Time . . . . . . . . . . . . . . | 287 |
| 50 | 1792 .. | C | Act, 32 Geo. III, c. 46 (Imperial). An Act
for establishing Courts of Judicature in the
Island of Newfoundland, and the Islands
adjacent . . . . . . . . . . . . . . | 290 |
| 51 | 1809 .. | J | The Newfoundland Act, 1809, 49 Geo. III,
c. 27 (Imperial) . . . . . . . . . . | 296 |
| 52 | 1811 .. | C | Act, 51 Geo. III, c. 45 (Imperial) . . . . | 296 |
| 53 | 14th June 1819 .. | C | The North American Fisheries Act, 1819,
59 Geo. III, c. 38 (Imperial). An Act to
enable His Majesty to make Regualtions
with respect to the taking and curing Fish
on certain Parts of the Coasts of
Newfoundland, Labrador, and His Majesty's
other possessions in North America,
according to a Convention made between
His Majesty and the United States of
America . . . . . . . . . . . . . . | 297 |
| 54 | 3rd June 1824 .. | C | Act, 5 Geo. IV, c. 51 (Imperial). An Act to
Repeal Several Laws relating to the Fisheries
Carried on upon the Banks and Shores of
Newfoundland, and to make Provision for
the Better Conduct of the said Fisheries for
Five Years . . . . . . . . . . . . | 300 |
| 55 | 17th June 1824 .. | N | The Newfoundland Act, 1824, 5 Geo. IV,
c. 67 (Imperial). An Act for the better
Administration of Justice in Newfoundland,
and for other purposes . . . . . . . . | 307 |
| 56 | 1st Aug. 1832 .. | C | The Newfoundland Act, 1832, 2 & 3 Wm.
IV, c. 78 (Imperial). An Act to continue
certain Acts relating to the Island of
Newfoundland, and to provide for the
Appropriation of all Duties which may
hereafter be raised within the said Island . . | 321 |
| 57 | 12th Aug. 1842 .. | C | The Newfoundland Act, 1842, 5 & 6 Vict.,
c. 120 (Imperial). An Act for amending the
Constitution of the Government of
Newfoundland . . . . . . . . . . | 323 |
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PART IV.
SECTION I.-TREATIES.
|
| 58 | 29th Mar. 1632 .. | N | Extract from Treaty of St. Germain en Laye | 326 |
| 59 | 10-20 Sept. 1697 | N | Extract from Treaty of Ryswick . . . . | 328 |
| 60 | 31st Mar. 1713 ..
11th Apr. 1713 .. | J | Extract from Treaty of Utrecht. Treaty of
Peace and Friendship between Great Britain
and France . . . . . . . . . . . . | 329 |
| 61 | 10th Feb. 1763 .. | J | Extract from Treaty of Paris . . . . . . | 330 |
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