711.42157Sa29/569
The Canadian Minister (Massey) to the Secretary of State
Sir: With reference to your note of April 7th, 192823 concerning the St. Lawrence Waterway, I have the honour to inform you that I have been instructed by the Secretary of State for External Affairs to bring to your attention the developments in the Canadian situation since the receipt of your note.
In my note Number 64 of April 5th. 1928,24 I informed you that steps were being taken to secure a judicial determination of certain constitutional difficulties as to the respective rights of the federal and provincial governments in Canada regarding water power and navigation. A series of questions was referred to the Supreme Court of Canada in April 1928, and the case was argued in October. The answers of the Court were given on February 5th. 1929. Some of the points at issue were clarified, but the Court found itself unable to give conclusive answers to a number of the more important questions.
Under these circumstances, His Majesty’s Government in Canada has concluded that it would not be advisable at present to seek a solution of the question of federal and provincial jurisdiction by further reference to the courts. It has therefore invited the two governments of the provinces of Ontario and Quebec to take part in a conference on the problem of the St. Lawrence development, to be held as soon as possible after the close of the present parliamentary session, at which it is hoped it will be possible to reach a solution by direct agreement.
Reference was made in my note of April 5th, 1929 [1928] to the necessity of reconciling the divergent views as to the best method of development in the international rapids section of the St. Lawrence. The Ontario Government has now agreed to co-operate in an endeavour [Page 523] to find a solution of this problem, and engineers have been appointed to represent the province in consultation with the Canadian section of the Joint Board of Engineers.
I have [etc.]