12 QUEEN'S QUARTERLY. 



Rights," a subject of legislative control belonging exclusively to the 

 provinces under the constitution. And the second^ proposition set- 

 tled by a recent Privy Council decision comes to us in this way : 



"There can be a domain in which ProvincirLl and Dominion legis- 

 lation may over-lap, in which case neither legislation will be ultra 

 vires if the field is clear, and that if the field is not clear and in such 

 a domain the two legislations meet, then the Dominion legislation 

 must prevail." 



Such, generally, without going too far afield, are some of the 

 leading conclusions of the rule of law under our constitution. The 

 rule of law is a definite one. In its workmg out it comes from what 

 might be called a secondary process, because acts of legislatures 

 must first exist' before courts are called up^jn to interpret them. 

 When, however, the rule of law is fixed, it is an indication to the 

 future legislator as to the meaning of his proposed measures, and 

 may be invoked in debate as a warning against the creation of a pos- 

 sible conflict between two legislative realms. The rule of law does 

 not determine what ought to be the rule of policy, and the rule of 

 policy is a very unsettled one in Canada and perhaps in the nature 

 of things must so remain. 



In the session of 1906-1907 the member for the electoral district 

 of Thunder Bay and Rainy River came down to Parliament as the 

 promoter of a bill to incorporate the Port Arthur Power and De- 

 velopment Company, dealing with various power rights on the 

 Pigeon, Nipigon, and other rivers, seeking to dispose of surplus 

 power to the United States, with a view toward reviving once more 

 the discontinued mines at Isle Royale in Lake Superior within 

 American territory, and asking that the works and undertakings of 

 the Company should be declared to be " for the general advantage 

 of Canada " on the ground that the Pigeon River is an international 

 stream, and the Nipigon River is a navigable stream, over which 

 Dominion rights of navigation should prevail, making altogether 

 such a set of circumstances, it was argued, as- would remove the 

 legislation necessarily beyond the provincial field. 



The Bill was introduced in the Senate, and, having been exten- 

 sively discussed in committee, was reported favorably. Some re- 

 quests for railway legislation, also seeking the statutory declaration 

 of " general advantage," may have stirred up the Senate more than 

 usual ; and, while the Port Arthur Company's bill was going throug-h 

 its stages, a most important resolution was presented to the upoer 



