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99 ] THE REPORT ON GAME AND FISHERIES. 33 



the Honorable F. R. Latchfobd, 



Commissioner of Fisheries for Ontario : 



The undersigned has the honor to present the first Annual Report upon the workings 

 the Fisheries Branch for the year ending 31st December, 1899. 



Introductory. 



For the information of the readers of this Report, it may be considered fitting that 

 a brief statement of the reasons for the establishment of a Fisheries Branch, and for a 

 more active and extensive supervision of the Fisheries of the Province, should be here 

 set forth. 



In consequence of the Government of the Domioion of Canada having assumed that 

 Fisheries and Fishing rights, and the property therein throughout the Dominion were 

 vested in the Dominion generally, and under such assumption of right had collected 

 revenues in respect of such Fisheries and Fishing rights, notwithstanding a continued 

 and vigorous protest on the part of this Province — and probably by other Provinces — 

 and private litigation having arisen, and the inconveniences of two claimants to the pro- 

 perty having been realized, it was ultimately, on pressure by Ontario, deemed necessary 

 and expedient to obtain the decision of the Supreme Court of Canada, with appeal to 

 the Judicial Committee of Her Majesty's Privy Council, not only as to the respective 

 rights of the Dominion and the Provinces as to Seacoast and Inland Fisheries, but also 

 as to the proprietorship of the ungranted public lands within Canada (whether h were 

 Dominion or Provincial property), in respect of which proprietorship Ontario contended 

 that the question of fishery rights was largely affected. With respect to Fisheries the 

 Dominion claimed that under the B. N. A. Act authority was vested in the Dominion 

 Parliament to legislate respecting Seacoast and Inland Fisheries, and that consequently 

 Parliament could enact laws with respect to Fisheries without reference to either Domin- 

 ion or Provincial ownership of the bed of the lake or river itself ; and that the right of 

 control, including the issue of licenses for fishing privileges in the waters mentioned, 

 so far as they were within Canadian territory, was therefore vested in the Dominion Gov- 

 ernment ; and in respect of waters flowing over ungranted public lands, the Dominion 

 claimed absolute title, including the lakes and rivers, navigable and unnavigable. The 

 Supreme Court, however, and subsequently Her Majesty's Privy Council, swept away 

 the greater part of these contentions — which Ontario had opposed, except always admit- 

 ting to the Dominion the right to legislate respecting close seasons and the implements 

 capture, and the general right of the Dominion for the purposes of revenue to tax 

 Ishing, as it could by legislation impose a tax upon any business. 

 The Judicial Committee by their advice to Her Majesty held : 



That the beds of all rivers and lakes (which had not been granted) were the property of 

 [ the Province in which they were situated ; 



That the waters of such rivers and lakes, and the fish therein, were also provincial pro- 

 perty ; 



That the sole right to issue fishery leases, licenses and permits to fish, and to receive fees 

 for such leases, licenses and permits, was vested in the Provinces exclusively ; 



That a Provincial Legislature is not empowered to enact fishery regulations and restrictions, 

 either generally or unless and until the Dominion Parliament sees fit to deal with the subject ; 



That a Provincial Legislature is empowered to deal with fisheries in so far as they fall within 

 the description of property and civil rights, or within the description of any other subject 

 assigned to Provincial Legislatures ; and 



That a Provincial Legislature may impose a license duty on fishing in order to raise a 

 revenue for provincial purposes. 



Soon after the receipt of the Privy Council judgment, this Government declared to 

 the Federal Government its readiness to assume the duties which the Judgment had 

 determined to devolve upon the Province, and several conferences between the Honourable 

 the Minister of Marine and Fisheries (the Hon. Sir Louis Davies), and the Honourable 

 the then Premier of this Province (the Hon. Mr. Hardy), were held at Ottawa and 

 Toronto. At one of these conferences the various provisions of the Judgment, so far as 

 they referred to fisheries, were taken up and discussed seriatim. Though there may have 

 been a slight differenca of opinion as to their Lordships' meaning on some points, it was 

 3G.F. 



