CANADA'S TREATY MAKING POWER

Authors

C. D. Allin, University of Minnesota

Abstract

The question of the treaty-making power of the Dominion of Canada was raised in an acute form during the negotiations between Great Britain and the United States governments over the halibut fisheries. After several years of investigation and negotiation, a draft agreement was drawn up by the American State Department and sent to the Canadian government through the British ambassador at Washington. According to the title and preamble of the treaty, the convention was drawn up between the United States and Great Britain, but by Article I, "The Nationals and inhabitants and fishing vessels and boats of the United States and of the Dominion of Canada respectively" were alone prohibited from fishing in the closed waters; nothing was said in regard to other British subjects or citizens of foreign states. But the Canadian government did not like this heading of the treaty and accordingly requested the Secretary for the Colonies to substitute the name of the Dominion of Canada for that of Great Britain in the text of the convention. The British government demurred at first but a few days later suggested that the title be changed to "convention for the regulation of halibut fisheries on the Pacific Coast of Canada and the United States", thus omitting the names of both Canada and Great Britain as parties to the agreement. This suggestion was duly accepted by the Canadian government but was later dropped owing to unexpected opposition in the United States.

Recommended Citation

C. D. Allin, CANADA'S TREATY MAKING POWER, 24 Mich. L. Rev. 249 (1926).
Available at: https://repository.law.umich.edu/mlr/vol24/iss3/4