Identifier: inmatterofapplic00inte (find matches)
Title: In the matter of the application of the St. Lawrence River Power Company. Interim order, opinions and hearings
Year: 1919 (1910s)
Authors: International Joint Commission
Subjects: St. Lawrence River Power Company Water-power
Publisher: Ottawa, King's Printer
Contributing Library: Robarts - University of Toronto
Digitizing Sponsor: University of Toronto

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, I am wrong. But I would askyou gentlemen to read that Article carefully and come to a conclusion asto whether or not both nations are not equally entitled to the navigationof the south channel under that treaty. Then, if that is the case, theonly question of fact, it seems to me, to come up is as to whether thatsouth channel is navigable to-day. I have had no witnesses here. As I said when I came into this matter,my interest seemed to be very remote, but following this matter I cameto the conclusion that they were not so remote as I anticipated. The evi-dence, at all events, produced by the applicant itself—we have onlythe applicants evidence—shows whether the navigation was useful or not.It is navigable. They took about five feet. You take the steamers down inour harbour here at Montreal. The largest passenger boats we have, carry-ing freight and passengers, draw abou^ five or six feet. But do not let meget away from the point. The question is, does the evidence that these gen-
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149 tlemen produced establish that the South Sault channel is capable of navi-gability. I submit that it is. They have to show you conclusively that itis not. If it is, then Canada is entitled to use that south channel for whatit may be worth. It may not serve their purposes now, but it may be thatthe railways probably conduce to the disuse of the channel; the highwaycanal that is put in probably conduces to some extent to the disuse of thechannel. But that is not the question. The question is a legal one and aquestion of fact. Is, as a matter of fact, the south channel of the Saultnavigable or not? If it is navigable, under Article VII of the AshburtonTreaty, Canada is entitled to a joint use of it for purposes of navigation. Mr. Mignault: Does not the Ashburton Treaty assume that it is navi-gable by stipulation ? Mr. Meredith : Of course, it does. I quite agree with that, but I amsimply taking Article VII and saying that under that Article we areentitled to the use of that south cha

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