PUBLIC RECORD OFFICE
Reference :-
།། ། :།། mimimimiC.O. 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERY OFFICE BY DARLING & SON, LTD., 1-3, GREAT ST. THOMAS APOSTLE, E.Ɑ
1897.
23461.
SIR,
No. 157.
(CANADA)
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice, October 28, 1897.
We were honoured with your commands, signified in Sir John Brainston's letter of the 14th instant, stating that he was directed by you to transmit for our No. 287. consideration a despatch from the Governor General of Canada enclosing copy of a Sept. 3. Minute of the Dominion Privy Council respecting the extension to countries entitled to most-favoured-nation treatment in Canada of the benefits of the preferential Tariff passed during the last session of the Canadian Parliament.
That your despatch of the 7th August-to which reference was made--embodied the substance of the opinions given by us on the 12th of July and the 3rd of August lust.t
*
That you understood from our Report of the 12th of July that in the case of the Treaties with (a) the Argentine, Austria-Hungary, Bolivia, Columbia, Denmark, Persia, Russia, Sweden, Tunis, Venezuela and Switzerland, the stipulations requiring the concession of most-favoured-nation treatment in Canada were unconditional; that in the case of the Treaties with (b) France and Spain parity of treatment might fairly be implied, though the construction of the instruments was not free from difficulty; while in the case of the other countries (c) Corea, Dominica, Liberia, Morocco, Muscat, Salvador, South African Republic and Tonga, parity of treatment was implied.
That it would be seen that in consequence of our decision that the Treaties with Belgium and Germany were binding on Canada, the benefits of the Reciprocal Tariff had been extended to those countries, and also to all the countries included in the list (a) above, and to France, but not to Spain or to the countries included in the list (c) above.
That as the benefits of the Reciprocal Tariff had been extended to Belgium_and Germany and to France and all the countries in list (a) unconditionally, Sir John Bramston was to request that we would advise you whether the Dominion Government would be justified in withholding those benefits from Spain and from any of the countries specified in list (c), and if so from which.
Further, in the event of the Dominion Government, after the expiry of the German and Belgian Treaties, concluding an arrangement with one or both of those countries or with some country-such as the United States-with which Her Majesty had nó Treaty applying to Canada, under which such country would in return for tariff concessions to Canadian produce be admitted to the benefits of the Reciprocal Tariff, in accordance with our opinion of the 3rd of August, the Argentine and other countries in list (a) would have to be admitted to the same treatment, and Sir John Bramston was to enquire whether in those circumstances France and Spain, or any or all of the countries in list (c) would not also be entitled to admission to the reciprocal tariff on the ground that the countries in list (a) had been admitted without having made any concession to Canada.
We have taken the papers into our consideration, and, in obedience to your commands, have the honour to
Report-
That, the Dominion Government is not justified in withholding from the Countries specified in list (e) the benefits which have been extended to Belgium and Germany, and also to France and all the countries mentioned in list (a) unconditionally.
The most-favouredsnation clause entitled the countries in list (c) to these benefits conditionally if any other country enjoys them unconditionally. We beg to refer on this point to the last paragraph of our Report of the 3rd August 1897.†
We are further of opinion, and for the same reason, that if, after the expiration of the Treaties with Belgium and Germany, the Dominion Government should in return for
* No. 143.
919-23-1195 W↑ 20260
+ No. 150.