wishes or interests. Eventually no such treaty bound them except by the expressed consent of their Governments. At first Canada was told somewhat brusquely that no Canadian commissioner could take part in the negotiation of a treaty affecting his country; in the end Canada freely negotiated her own commercial treaties by her own commissioners, without control, or interference except of a formal character. Canadians acting as British agents represented the interests of Canada and the whole Empire in the Behring Sea and Alaskan Boundary arbitrations. Naturalization granted in Canada became effective in the United Kingdom. Notwithstanding unfortunate and formidable forces of reaction, the right of the Dominion to full control of its copyright laws was acknowledged. It was gradually realized that legal power is over-ridden by constitutional right. The power to disallow Canadian statutes fell into desuetude. Canada's right to a voice in foreign policy involving her interests as a great Dominion of the Empire began to be recognized. Her complete control over her policy in respect of military and naval defence was acknowledged. By these sure steps, Canada was steadily mounting to the stately portal of nationhood.

Thus stood the relations of Canada to the Empire in the fateful month of August, 1914. There had arisen a truer comprehension of the ties uniting the oversea nations and the motherland.

At last it began to be realized that upon complete liberty and full autonomy a unity and strength capable of resisting the severest shock could be established. When the day of trial came, the response of the Dominions vindicated forever the principle that they had consistently upheld.

THIRD LECTURE

CONSTITUTIONAL DEVELOPMENT
DURING THE WORLD WAR

AND AFTERWARDS 1

OR many years before the outbreak of war

FOR

the German Government, through its diplo

matic and consular service and by other means, had made a special study of the British Empire in almost every important aspect, with particular attention to the extent and development of natural resources, industrial progress, military and naval power, and last, but not least, political organization. However thoroughly the Germans may have grasped other conditions, it is clear that they thoroughly failed to comprehend the constitutional relations between the British selfgoverning nations; nor did they in the least realize either the spirit or the resources of the overseas Dominions. They believed that the political fabric of the Empire would crumble under the shock of war's impact; it stood firm as the everlasting hills. Their military authorities were convinced that in any European theatre the military power of the Dominions might be regarded as negligible. During the four years of war which preceded the armistice there came into the battle line more than a million men of unsurpassed courage, discipline, and effec

tiveness, to prove the falsity of the estimate; and one Dominion (Canada) had produced in enormous quantities, from her own resources, and by means of her own industrial development, munitions of war essential for the triumph of the allied cause.2

The war brought prominently into the foreground many considerations touching military and naval defence. As early as 1862 a Canadian Ministry had asserted, on behalf of the Canadian Legislature, the constitutional principle established in England by the Bill of Rights, that the raising and maintenance of Canadian military forces was subject to the unfettered control of the legislative representatives of the Canadian people. However, before Confederation, and for some years afterwards, considerable British forces were maintained in Canada at the expense of the British Government, and large sums had been expended by that Government in fortifications and naval bases. These forces were gradually withdrawn as Canada began to assume increasing responsibility for the defence of her own territory. In 1871 there was an interesting debate in the Canadian Parliament relative to the retention of Imperial forces in Canada, and the points at which they should be stationed. During the Boer War, Canada took over temporarily the defence of Halifax, where the only remaining British garrison was stationed;

and, in 1905, the offer of the Dominion to undertake, in future, the defence of both Halifax and Esquimalt, was accepted, the Imperial forces being entirely withdrawn. Upon the outbreak of war in 1914, the chief constitutional question that arose related to the sufficiency of Dominion legislation for the control and discipline of Canadian forces overseas. The authority of a Dominion to enact legislation effective beyond its limits had been judicially challenged, and even denied. By Section 69 of the Militia Act the Governor in Council is authorized to place the militia on active service beyond Canada for the defence thereof, whenever advisable by reason of emergency. The officers and men enlisted during the war became members of militia units, and were thus subject to this provision. Under Canadian legislation (Militia Act, Section 4) the Army Act, the King's Regulations, and all other relevant laws not inconsistent with Canadian enactments and regulations, have force and effect for the governance of the militia as if enacted by the Parliament of Canada. The Army Act, thus made applicable, provides (Section 177) that where a force of militia is raised in a Colony, any law of the Colony may extend to the officers, non-commissioned officers, and men belonging to such force, whether within or without the limits of the Colony. Thus any question as to extraterritorial jurisdiction presented no difficulty. But at a later date there was an important constitutional development in