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REVIEWS OF BOOKS 225 The book has its weaknesses, notably the lack of an index which lowers its value in an annoying manner as a work of reference. The author's style is rather discursive in the later chapters. But The French Canadians to-day is an eye-opener that should be read and re-read. R. M. SAU•D•.RS The University of Toronto. Canada, Senateo. Report pursuant to Resolution of the Senate to the Honourable the Speaker by the Parliamentary Counsel relating to: The Enactment of the British North America Act, 1867, Any Lack of Consonance between its Terms and Judicial Construction of Them and Cognate Matters. Session of 1939. Ottawa: King's Printer. 1939. Pp. 18;Annex 1: 160;Annex2: 132;Annex 3: 222; Annex 4: 154; Annex 5: 28. DURIN• the session of 1938 the senate passed a resolution requesting its parliamentary counsel --Mr.W. F. O'Connor--to report (i) on pre-federation records so as to disclose "the scope of the intended legislative powers of that precise .central or general union which was presented to and accepted by the three original provinces"; (ii) to compare the text of the B.N.A. Act dealing with the distribution of legislative powers with such records and with the judgments of the judicial committee; and Off to present any material differences between the scheme intended and its statement in the act together with a similar view of the judgments of the judicial committee, to disclose in what respects, if at all, it would be necessary to amend the act so as to produce consonance with the original intentions or to make it a sufficient instrument for the present government of Canada, and to review any other matters relevant to the reference. At once let it be said that Mr. O'Connor has carried out his work in an exemplary manner and that he has drawn up a report which is not only admirable in relation to his reference, but of the greatest importance to all citizens. He has brought to his review careful legal scholarship, diligent and accurate research, and a keen appreciation of the problems involved. He has dignified the civil service; and we sincerely trust that the governments of Canada will in future encourage its permanent officials , who may be competent, to do work of this nature. In this connection ,we trust that they will avoid the penny-wise policy of parsimony in technique. Mr. O'Connor's first-class work is severely handicapped by having no index, notable of cases, and no possible facilities for reference. And yet it is such as emphatically to demand them. Such petty saving is ludicrous. Finally, at this point we would congratulate Mr. O'Connor on the general clarity of his presentation. At times, he writes in the style of affected and entirely unnecessary ponderosity often so dear to the profession, and at times it is necessary to reread his sentences. Once, however, the hedge is broken through, we enter a rich pasture. It would be impossible within anything like reasonable space to examine the report in detail. We may, however, point out its outstanding values. First, for the readers of the CANADIAN HISTORICAL REvi•.w, we would call attention to the material in the annexes 2, 4, and 5, which includes invaluable extracts from the pre-federation debates and jm•rnals of Nova Scotia, New Brunswick, and Canada; apposite references and details from 1759 to the London conference of 1866-7, with an invaluable examination of the B.N.A. Act in relation to antecedent resolutions; a critical historical investigation into the term "property and civil rights" and into the "compact theory"; and finally certain documents of the modern period. Here the historian will find in convenient form material and references carefully and accurately given. 226 TaE CANADIAN HISTORICAL REVIEW For the profession, the report itself is to say the least challenging. Its qualities in manner are excellent. Each case is examined, in relation to the reference, in chronological order, and is then adequately quoted in an annex. The intent of the London resolutions is shown to be expressed clearly and unequivocally in the terms of the act, and the terms of the act are related to the cases in a method never previously attempted. There emerges a view of the problems which discloses that intent and statutory statement correspond, that for twenty years or so the courts respected the act, and that afterwards they warped and twisted the act to the destruction not merely of the intent but of its plain, manifest, and clear terms. It would be impossible to examine the details through which Mr. O'Connor arrives at this position. It is, however, not too much to say that his work seems to point to the inevitable conclusion that the act would be adequate were its terms applied, and that we ought not to worry over changing it until we get behind the inexplicable judicial obscurities to the clarity of its terms. He hopes for an Interpretation Act to accomplish this end. Be that as it may, the report suggests (i) that we have a good practicable distribution of powers, elastic and suitable for progress if only we applied it and (ii) that the whole problem of the appeals to the judicial committee is worthy of more consideration than it has ever received. Certainly it is not one on which the organized profession should have the last word. Mr. O'Connor has carried out his duties in an exemplary manner and he has made an outstanding contribution to the literature of the subject.

Constitutional law