PREFACE-Continued.

and minerals and precious metals, and which promises to be one of the richest gold producing areas of the world, might have been lost to the Province. This is generally known and acknowledged; but it is not so generally known or realized, that whilst the other Governments committed their interests to the hands of outside counsel, and paid them fees commensurate with the magnitude of the matter at stake, his services, whether at the bar or in the study-longcontinued and engrossing, and involving, moreover, the abandonment of a lucrative professional practice-were wholly gratuitous.

The work should be of interest to the public at large, but of more especial interest to every student of Canadian history, ranging, as the discussion does, over the whole period as well of the French occupation as of the British.

To the professional man it should prove a useful work of reference, as embodying, with the history, the legal and constitutional principles applicable to this interesting subject.

The copious notes, critical and historical, illustrate and add to the interest of the text, and enable even those who may have had no previous acquaintance with the subject to apprehend the bearing of the various points in argument.

TORONTO,

JUNE, 1896.

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.

SPECIAL CASE

Referred to the Judicial Committee of Her Majesty's Imperial Privy Council.

The Province of Ontario claims that the westerly boundary of that province is either (1) the meridian of the most north-westerly angle of Lake of the Woods, as described in a certain Award* made on the 3rd August, 1878, by the Honourable Chief Justice Harrison, Sir Edward Thornton 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.†

For the text of the Award, see appendix A, hereto.

The Act of Manitoba, 44 Vict., cap. 1, (1881), and the Dominion Act, 44 Vict., cap. 14, (1881), provide that the easterly boundary of the Province of Manitoba, shall be "a line drawn due north from where the westerly boundary of the Province of Ontario intersects the international boundary line dividing Canada from the United States of America." The alternative claim of Manitoba, to the irregular and sinuous line of the height of land, is not, it will be observed, in consonance with the due north line provided for by the Acts. The reference of the Case, however, as agreed upon on behalf of the two provincial governments, to the Judicial Committee, was concurred in and recommended by the Dominion Government, by Order in Council, of 6th May, 1888; under which also that Government expressed "their readiness to be bound by the decision of the Judicial Committee." (Joint App., p. 6.)

1 (B.)

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 submitted 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, 34-5 Vict., cap. 28, or otherwise, 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.

* The Book of Arbitration Documents, printed under the title "Statutes, Documents and Papers bearing on the Discussion respecting the Northern and Western Boundaries of the Province of Ontario, including the principal evidence supposed to be either for or against the claims of the Province. Compiled by direction of the Government of Ontario; with explanatory Notes, "-is also printed in Sess. Papers, Ont., 1879, No. 31.

The Cases submitted to the Arbitrators on the part of the Province and the Dominion respectively, together with a report of the argument of counsel on that occasion, as well as the correspondence and papers relating to the boundaries, of dates from 1856 to 1882, will be found in Sess. Papers, Ont., 1882, No. 69.