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Br J. i^. C. MUNRO, OF THE M,m,Lr. TEMPLK. BABRI8TER AT LAW, P„0FE880n OF LAW OWENS COLLEOE, VICTORIA tJNIVEnsiTY. CAMBRIDGE : AT THE UNIVERSITY PRESS. 188!* dll RighU reierved. ilLS mi 2H25^9 CdintriUgr ; rniNTKi) HY c. .i. clay, m.a. ani) sonji, AT Tni: r.NIVERBITY PRE8H. PREFACE. Some years ago I bogai. to collect materials for a survey of the legal aspects of the constitutum of the empire, but my p..rp..se as regards the constitutio.- of Great liritain and Ireland was anticipated by the publication of Sir William Anson's valuable work on the Law an.l Custon. of the Constitution, and I therefore restricted n.vself to the constitutions of our colonies. Of these it is' n.,t possible to take a general survey without examining each in detail Our colonies exclusive of the Indian dependencies fall into four groups: (1) the North American group. (2) the Australian group. (8) the .South African group and (4) the Crown colonies. I have selected Canada for treatment first, not merely because a special interest has of recc.it years bcvn taken in its constitution, but for the further rea.son that some recent Canadian statutes have given a co.npleteness to the Domnuon system of government it .lid „ot previously possess. I have not attempted to criticise the working of the constitutions described or to investigate the develop.nent of purely local governn.ent-any ade.juate treatn.ent of ■such subjects would require a greater personal kiiowK-dge of Canada than I can claim to possess : they are therefore- reserved for consideration at some subse.juent time Con- stitutional customs are dealt with brieriy, as Mr Todd in his M. 6 VI riiKrACE. work on Parliaiiu'Utiiry (Jovcrnincnt in the Colonii's has (liHfussi'd sucli nintttTs at full Icii^'th. In the chapter on tlu' Dominion Parlianii-nt I hav*' availed myself of the very valuable work of Mr liourinot on Parliamentary Procedure in Canada. In the last seHsion of the Canadian Parliament several Acts weri' passed that modify some of the statements in the text. IJy t he 51 Vic. c. 1 1 the Dominion Elections Act ha.s been amended as regards the nomination of candidates, the method of voting, and the definition of corrupt practices; by the ol Vic. c. 17, the organisation of the Department of Public Printing has been modified; and by the 51 Vic. c. 43 appeals in criminal cases to the Judicial Committee of the Privy Council have been forbidden. The most important change introduced into the constitu- tion has been the formation of a Legislative Assembly for the North West Territories. By chapter 50 of the Revised Statutes of Canada the Council of the North West Terri- tories, as s(Jon as its number reached twenty-one, was to give way to a Legislative A.ssenibly'. The new Assembly is to consist of twenty-two elected members and three legal experts, the former to be elected by such male British subjects, other than unenfranchised Indians, as have been resident in the Territories for twelve months, and in their electoral distiicts for three months, precetling the election ; the latter to be nominated ly the Governor-General in Council. The legal experts have the same privileges as elected members, except that Lhey are not allowed to vote : on a dissolution taking place they vacate their offices. The Lieutenant-Governor is authorised to nominate four members of the Assenibly to act as an " advisory coinicil " on I ' See post, p. 36. oiiirs has liapttT on f tho vory Dceduri' in nt several nts in the :'t ha-s been he method ■a; by the , of Public 43 appeals the Privy c constitn- ibly for the le Revised rest Terri- [is to give nibly is to ;al experts, ects, other nt in the il distiicts tter to be us elected ote : on a inate four ouncil " on T'HEFArE. VII matters of tinance. At nieetijigs of this ('(nincil (he liitutcn- ant-Oovernor is to preside, and he is ajldwcd a vutr as well as a canting vote. Px'fnn' being introdiieed all money bills must be recommended by him to the Ass('nd)ly. Notwiiiistanding tlie existence of this Assembly the constittition of the North West Territories differs in several important respects from that found in the provinces. 'I'ln' Territories do not constitute "a Province," and the Assembly has therefore only such legislative powers as the Dominion Parliament confi'rs on it. The Lieutenant-dovi'rnor exer- cises the chief ext'cutive power and is not to the same extent as in the Provinces bound to defer to his advisers. No doubt in time the more settled districts in the Ti-rri- tories will be formed into a ni'w province. I am much indebted to Mr J. 0. Colmar, secretary to the High Ct>mmissioner for Canada, for valuable assistance during the progress of the work; to Mr J. S. O'lialloran, secretary of the Royal Colonial In.stitute, and to the Libraiian of the Colonial Office for permission to consult their libraries; and to my friends Professor T. N. Toller and Mr K. T. Wright for their kind aid in revising proofs. J. E. C. M. 7, Nkw SgiAiii:, Lincoln's Inn, 62 •-Si '•0 4 (•ONTENTS. CHAPTER I. I.NTUODL'ITIUX. Majority of the Dominion Hourous of the ConHtitution Li'Bislativo actvity of Dominion . Oencral Hciiuiui of the Constitution l'owor« of the I'rovincos fiovincial Executive The Dominion Logiwhituro The Senate • . . . Tlie House of CommonH The Kxccutivc Tile (iovernor-Geucriil . Towers of the Dominion CompuriHon of Dominion Legislature and U ConMict between t!ie Dominion and the Prov; Unexpected Constitutional DcvelopmentH S. Congress inccH I'AHK I % a 4 5 (} » (i 7 H H '.I I» 11 I'J CHAPTER II. I I CONSTITCTIONAI. HlSTORy OK THE PROVINCES. Area and population of Canada Ontario and Quebec Nova Scotia . New Brunswick . Manitoba British Columbia . Prince Edward Island . District cf Keewatin North West Territories . Union of the Provinces . M 15 22 25 2fi 2'J 32 35 30 30 CONTENTS. I CHAPTER III. SOUUCKS OF THK LaW AND CUSTOMS OK THK CONSTITUTION. Inippiial Acts Dominion Acts Provincial Acts Orders in Council Orders of the Dominion Tarliament and I'rov Usages incial Legislatiuua Letters Patent and Instructions of the Governor-General . :fi I'AOK ■•; 40 -, 41 ,: 41 ■a,. 41 42 42 42 CHAPTER IV. Provincial Lkgislatures. Parties to Legislation aa Summoning of the Legislature ! 44 Opening of the Legislature 47 Adjournment au Prorogation and Dissolution 4y Annual Sessions 62 Enacting Clause 52 Payment of Members 5jj CHAPTER V. The Provincial Assemblies. Qualifications of Electors r- Ontario " k'- Quebec ' ' g_ Nova Scotia " '-7 New Brunswick .... " ru Prmce Edward Island c,, Manitoba ... " r.. • • • . O'J British Columbia fr. North West Territory .' ' 60 Persons disqualified from voting ' ' GO Qualifications of Ekcted . . ' ,.1 i> 1- •••••.. 01 Persons disqualified from sitting (jj Distribution of Seats .... Method of Election y , S"°™"' ..."."." 66 The Speaker .... ,.<• CONTENTS. XI TUTION. I'AdK 40 41 41 41 42 42 42 44 44 47 49 4'J 52 52 53 Privile(,'L's Freedom of Sjieoch iMccdom from Arrest Kxeuiption from surviiif,' on Juries Atteudiuice of witnesses Publication of I'npers Tuiii-sliinK for iJrcacli of Privilege . Resignation of Members CHAPTER VI. Pkovincial Lkuislative Councils. Provinces possessing Councils Number of Council .... Qualifications of Councillors Disqualifications of Councillors . Appointment and election of Councillors Term of Oflice Quorum The Speaker . Privileges Kesignation . i'.V(ii-; 00 0!) 0!) (tU 70 70 70 71 7J 7;{ 74 71 7'> 7o 75 70 70 55 57 57 58 5 CHAPTER VII. Method of LEuisi.Ario>f. Hour of Meeting . . 77 Order of Business . Public Bills . 77 Money .Kills . . 77 Private Bills . T.I . 70 CHAPTER VIII. Thi; Lieutknant-Ooveknok. Ho'v appointed His functions Kelation to his iMinistcra Ternj of Oflici! HO H'J a;i Xll CONTENTS. CHAPTER IX. The Pbovincial Administuation. Appointment of Ministers , Number of Ministers .... Distribution of Departments Department of the. Law Ollicer . ,, of the I'rovineial Secretary )i of the rrovincial Treasurer ,1 of Public Works II of Crown Lands II of Education . 84 81 85 sr, m m m 8(5 86 CHAPTER X. The Provincial Judicatuke Provincial Powers as to administration of Justice Courts of Civil Jurisdiction Quebec Ontario Nova Scotia New Brunswick . Manitoba . British Columbia Prince Edward Island North West Territoiies Courts of Criminal Jurisdiction Justices of the Peace . Quarter Sessions . Ccunty Courts . Assizes Supreme Provinciiil Court Court for Consideration of Crown Cases reserved 88 88 88 !)2 97 Privileges j^^ Payment of Members 118 Adjournment i,,. Prorogation ,,^^ Dissolution ,.,. 'A(1K 84 Hi 85 85 8() 8() 8(i 8(5 HG 88 88 88 <.)2 97 m 102 104 105 107 108 108 108 109 109 109 109 110 110 112 IIG 117 118 119 120 121 i COXTENTS. CHAPTER XII. Thk lh>vsK oi- Commons. Xlll Number .... Qiiiililiwitidii of Kk'cturs rcr.soii.T disqualiliod from voting Hevision of voters' list.s Qii!iliticati,/iis of Elected I'ersons dis(jiiiililied from sitting Method of Election Election Petitions Ollicers of the House . Internal arrangements Itcsignation CHAPTER Xlll. 'J'm; Si:.\ATi:. Niiiiilier Qualifications of Senators AjJiiointinent of .Senators Meeting of the Senate . Tenure of OUice . Ci I A ITER XIV. ThK MkTIIOD of liKiasi.ATION. How rcguliitecl (Jiiler of lju>iness I'etitions Public Pills Money Pills Conunittees Private Pilh CHAPTER XV TiiK ( Jovku.vok-Gknei Creation of the Ollice . Instructions and Commission Powers as regards the licgislature iHities as regards Party government Eunctious as regards the Executive Powers as regards the Judicature Prerogative Powers Powers as regards the Provinces . His responsibility A I,. I'Acii-; 123 124 12(5 127 128 128 lao 137 138 140 140 142 144 145 147 147 149 150 151 152 153 155 159 102 1(53 1G4 1(57 1(58 1(59 172 173 179 w 4 XIV CONTKNtS. CHAPTEK XVI. The Puivy Council. PAflK Number 18'2 Functions of the Council 185 as ri'Kards LcKJulation 185 as regardH Adiuiiiistratiou 1H7 as regards the Provinces 1H8 Meetings of tlio Council 18'.) Uespousibility of Ministers IS'J CHAPTER XVII. 1 )0MIN'I0N AdMINISTUATION. Ollicers, how appointed lilO Departments of State li)3 Secretary of State 10 262 263 • 263 ?''.", rlirmi.": ' I'p.i^. "•/.i . i;o^ . 71 APPENDIX. List of Governors . British North America Act, 1867 Terms of Union British Columbia Terms of Union Prince Edward Island . Terms of Surrender of North West Territories Imperial Act respecting Establishment of Provinces (34 and 35 Vic. c. 28) Imperial Act as to Privileges (38 and 3!) Vic. c. 38) Imperial Act as to representation of the N.W. Territories in Parliament (49 and oO Vic. c. 35) . Letters Patent constituting the office of Governor-CJeneral Instructions ... Commission . I'AOE 275 278 313 318 322 325 327 328 330 334 337 TABLE OF CASES. Anprrs v. Citj" of Montreal . . . ArniHtrotiK r. MeCutcliin . . . A. G. V. Ningiira Fulls Inter. BriilK^ Co A. G. V. Radloff A. G. for Quebec r. Colonial Build- ing and Investment Assoc. . . A. G. for Quebec r. Queen Insur- ance Co A. G. for Quebec v. Hood . . . 21 L. C. J. 25!t; 2 Curt. 'Xir, 2 Pur. 381; 2 Curt, lift . , 20 Grant 31 ; 1 Cart. H13 . . 10 Ex. !»() . . •i.'l'.l 210, 253 , . 21.- . . 211 A. G. of Ont. r. Mercer . . Bank of Toronto i'. Lanibe , Belford, Smiles v Belisle, L'Union St Jac(iues r. Belle, Doyle v Bennett r. Pharmaceutical Asso- ciation of Quebec Bennett, B,. v Bigge, Hill t; Black, Dow r Boardman, R. r Chandler, 11. i> Church V. Fenton Citizens Insuiance Co. t». Parsons City of Montreal, Angers v. . . City of Ottawa, Leprohon v. . . College of Physicians and Sur- geons of Ontario, B. r. . . . L. R. <) App. Cas. ir,7 ;)3 L. J. P. C. 27 ; 4!) L. T. 78!) . 2r>t\ h. R. 3 App. Cas. 1090 38 L. T. 2(;r) 23« L. R. 10 App. Cas. 1 11 51 L. J. P. C. 12 ; 52 L. T. 393 33 W. R. 018 237 L. 11. 8 App. Cas. 707 52 L. J. P. C. 81 ; 49 L. T. 312 . . 235 L. R. 12 Ai)p. Cas. 575 50 L. J. P. C. 87 ; 57 L. T. 377 . . 229 I Ont. App. Rep. 430 ; 1 Cart. 570. 208 L. R. (! P. C. 31 ; 1 Cart. 03 31 L. T. Ill ; 22 W. R. 933 . 251, 257 II Ont. App. Rep. 32 231 1 Dorion Q. App. 330 2 Cart. 250 228, 255 1 Ont. Rep. 445 ; 2 Cart. 034 . . 243 3 Moo. P. C 181 I.. R. 6 P. C. 272 ; 44 L. J. P. C. 52 32 L. T. 274 ; 1 Cart. 95 . . 238, 258 30 U. C. Q. B. 553 ; 1 Cart. 070 . 244 1 Hannay 556 ; 2 Cart. 421 ... 251 28 U. C. C. P. 384 ; 1 Cart. 831 . 240 L. R. 7 App. Cas. 90 ; 51 L. J. P. C. 11 45 L. T. 721 221, 224, 254 24 L. C.J. 259 ; 2 Cart. 335 . . . 239 2 Ont. App. Rep. 522 ; 1 Cart. 51)2 238 44 U. C. Q. B. 504 ; 1 Cart. 701 200 TAHLK OF CASKS. XIX V.V, I AdKH , •2:i\) '2t() , 2r,\\ 'it:. 211 T. 7B1» . 2r)(> T. 393 237 r. 312 . • 235 r. 377 . 22!» Cart, y ?('.. 2tJH r.3 133 . 251 257 231 228 255 031 • 243 181 J. P. C . 52 , , 238 258 •t. t'.7t> , 244 >1 . , , 251 t. H31 , 240 1. J. P C. 11 221 224 , 254 35. , , 239 2art. 51*2 238 Colonial HuildinRand Investment Association, A.(r. for QuuhfC r. Corporation of Three Rivern i Sulio Corporation of Quebec, Poulin iv Cot^' f. WatHon County of Prince Edward, Li cenci' Connnissiouersof Prince Edward r C'ri'tnliii' r, .lackson .... CuHhiug ''. Diipuy HanBcreau. Kx parte .... Davidson, Qiieddy Boom Co. v. Dell r. Miirphj Denisou, Ditiher r. . . . Do Veber, In ro Ditcher r. Denison .... Dobie V. The Temporalities Board Douf^'las, Nicklo r Dow r. Black r.\OKH L R. 9 App. Cat.. 157 ; 53 L. J. P. C. 27 49 L. T. 789 25(5 5 L. N. 330 ; 12 Can. S. C. R. 25 229, 258 9 Can. H. C. R. 185 258 3 (I L. R. 1.-.7 ; 2 Cart. 343 . 239, 2r.l Doyle V. Belle . . Dudman, Kinney r. Duncan, E.r paitt' . Dupuy, Cusliing v. k. 701 2f)G Ellis, Kx parte Evaus V. Hudon Eyre, II. r Fabri^as v. Mostyn F'arewell, The Fenton, Church i- FitzRcrald, Wright v Fowler r. Padget Frawley, R. r (ioodhue. Re Grainger, Separate School Trus- tees of Belleville r GritVith, Page i' Grifiith, Paige v Grillith, Pope v Griflith r. Rioux Harris and Coriioration of City of Hamilton, Re Hill r. Biggc 2ii Grant 452 ; 2 Cart. 1178 . . . 34 U. C. g. B. 575 ; 1 Cart. r»85 219, 5 Apj). Cas. 409 49 I-. J. P. C. tl3 . . 221, 249, 252, 19 L. C. .1. 210; 2 Cart. 1(15 . . . 10 Can. S. C. R. 222 1 Moo. P. C. N. S. IIH 11 Moo. P. C. 338 21 N. B. R. 401 ; 2 Cart 552 . . . 11 Mod. P. C. 338 L. R. 7 App. Cas. 13(i ; 1 Cart. 351 51 L. J. P. C. 2(1 ; 4(1 L. T. 1 . 229, 35 U. C. Q. B. 12(1 ; 37 U. C. Q. B. 51 L. R. (1 P. C. 272 ; 1 Cart. 95 44 L. J. P. C. 52 ; 32 L. T. 271 238, 11 Out. App. Rep. 32 2 R. andC. 19; 2 Cart. 412 . . . IC. L. C. J. 188 ; 2 Cart. 297 . . . 5 App. Cas. 409 ; 49 L. J. P. C. (13 1 Cart. 252 . . . . 221. 249, 252, 1 P. and B. 593 ; 2 Cart. 527 . . 22 L. C. J. 2(18 ; 2 Cart. 34(5 . . F'inlayson 20 St. Tr. 81 7 Q. L. R. 380 ; 2 Cart. 378 . 227, 28 U. C. C. P. 384 ; 1 Cart. 831 . 27 St. Tr. 705 7 T. R. 514 7 Ont. App. Rep. 24(1 . . , 239, 19 Grant 3GG ; 1 Cart. 5(10 . . . 25 Grant 570; 1 Cart. 8l(j . . 17 L. C. ,1. 302 ; 2 Cart. 308 . . 18L. C. J. 119; 2 Cart. 324. . 1(1 L. C. .1. 1(19 ; 2 Cart. 291 . . 6 L. N. 211 241 251 409 (17 2 10 ISO 245 253 215 259 248 258 231 249 245 409 253 238 180 181 240 240 180 245 245 248 247 245 245 245 250 44 U. C. Q. B. 041 ; 1 Cart. 750 255, 258 3 Moo. P. C. 405 IHI XX TAULK OF (^ASKS. I'AdKH IIodKor. R L. 1!. App.CiiH. ll7:fi3L..I.P.C. 1 f.O L. T. aoi . . . 2'27, 250, 2:)'., 25H Ilolmos r. Temple H Q. L. R. 357 ; 2 Curt. 3!h; . . . 2flt» Iludon, EvanH r 22 I,. C. .1. 2riH ; 2 Cart. :tlC. . . . 2.SH Jiickson, Cronibie !• 31 U. C. Q. H. T)?") ; 1 Curt. tJH.'i 2l',t, 2"»l Johnston i'. Ministi-r mid TruHtecH of St Andrew's Churcli . . . L. I!. :< Ai))). Ciih. ir.!»; :t7 L. T. .'i.'d 2(1 W. R. ;);VJ 221 Kinney r. Dudman 2 R. and C. l!» ; 2 Cart. -112 . . . 2»(t Lake, H. r »:» U. C. Q. H. .'ilS ; 2 Cart. f.Ki . 2U Lambe, Bank of Toronto r. . . L. R. 12 Ajip. Ciis. oir, ; r,! li. T. :177 C(i L. J. r. C. 87 22'.t LanderH I'. Woodwortli .... 2 Can. S. C. R. ITiH ; 2 Cart. 220 . t)7 Landry, Tlubergo v L. R. 2 App. Cas. 1H2 ; If. L. .J. 1'. C. 1 35 L. T. (110; 25 \V. H. 21(i . . . 221 LanKlois, Valin r 5 App. Cas. 115 ; 111 L. .1. I'. C. 37 1 Cart. 15S 215 Lawrence, R. r 13 U. C. (^ H. Kit 211 L'Union St Jacques v. Belislo . . L. R. tl I'. C. 31 ; 31 L. T. Ill 22 \V. R. 033; 1 Cart. iVA . . 251, 2H7 Lenoir v. Ritchie 3 Can. S. C. R. 575 .... HO, 172 Lepine's Case Todd. I'arl. Gov. 2(')0 172 Leprohon v. City of Ottawa . . 2 Ont. App. Rep. 522 ; 1 Cart. 502 23H Leveille, /'.'.r 7w;7.' 2 Q. Steplien's DIk. ; 2 Cart. 310 . 22« Licence Commissioners of Prince Edward r. County of Prince Edward 2(1 Grant 452 ; 2 Cart. (!7rt ... 2 11 Luby V. Lord Wodehouse ... 17 Ir. Com. L. R. OlH 180 McClananhan v. St Ann's Mutual Ruildinp! Society 2i L. C. J. 101 ; 2 Cart. 237 . 250, 251 McCutchin, Armstrong r. . . . 2 Pn^. 381 ; 2 Cart. 401 . . 21(i, 253 McGuire, Wilson )• 2 Ont. Rep. 118 ; 2 Cart. (105 . . 213 McMillan v. South West Doom Co. P. and B. 715 ; 2 Cavt. 512 . . . 240 Melbourne (Municipality of). Mu- nicipality of Cleveland v. . . 4 L. N, 277; 2 Cart. 241 . . . . 248 Mercer, A. G. of Ont. t) L.R. 8 App.Ca8.7C7; 52L. J.P. C.84 40 L. T. 312 235 Merchants Bank, Smith v. . . . 28 Grant G29 ; 1 Cart. 828 .. . 210 Ministers and Trustees of St Andrew's Church, Johnston v. L. R. 3 App. Cas. 150 ; 37 L. T. 550 2(1 W. R. 350 150, 221 Montreal Warehousing Co., Royal Canadian Insurance Co. v. . . 3 L. N. 155 ; 2 Cart. 3fil .... 25(i Mostyn, Fabripas t- 20 St. Tr. 81 181 Municipality of Cleveland v. Mu- nicipality of Melbourne . . . 4 L. N. 277 ; 2 Cart. 241 . . . . 248 Murdoch v. Windsor and Annapo- lis Ry. Co Russell's Eq. R. 137 252 T.VISI.K Ol' (ASKS. XXI PAOEH /i.S h. J. P. C. 1 2'J7, 2r.o, '2r,r,, 258 t. .•t'.iti . . . '2r,i\ ■t.M(\. . . 2;<8 'lilt. 08-, 2I'.», 2r>i ; ;i7 L. T, CoO 221 t. 412 . , . 21!) Curt. (IKi . 241 i ; -.7 L. T. .■177 22!) Ciiit. 220 . (;7 ic.ii.j. r. c. 1 ■ 21(i . . . 221 J. 1'. C. -M 21,-> 24 1 T. Ill 1)3 . . 2r,l. 287 . . . HO, 172 .... 172 1 Curt. ■,l»2 238 Dart. 34!) . 228 78 . . . 214 • • . . 180 237 . 250, 2ijl . 240, 253 . (50.5 . . 2i:i 342 . . . 24(1 I . . . 248 L.J.P C. 84 . . 23.-; 28 . . 2411 37 L. T 550 • • 15!>, 22] I . . . . 250 . . . . 18] I . . . . 248 . . 252 :\rnrpby, P.ll ,■ .^rlls^;rav.• v. Pulido N'int-'iirn FhIIm Inter. Ilridri' ('(.., A.<;. r N'inklc c. nmiKliis Ndiiimnil V. LinviiMicc Navigation Co PailKft, FowItT r Paul' c. (fritlith Pai^'(> V. (irillitli Pai>iii, /•,.r jHirii' PiiisoiiH, Citizens IiisiuiiniT Co. r. Pattur>on'.>< Case I't'ck V. NhifldH ' " Pliainmceuticui Assoc, of Qiiulicc, licnnctt (• I'illow, i:.r imrtv I'opi' r. (irillitli Ponliii V. Coi|)oration ol (^iiciicc Pi ittic, W.v Pulido, Mii.Hj^'idvc V (^leddy Uoom Co. r. Dnvidson (^iiocn Insuiimec Co.. A.(i. Ini (i)ii('i)i.e V It. r. licniictt H. r. I;(i:iidiii,'ui K. ) . Chandler \ \ I!, r. CollcRc of Phy.sicians and Suivcons of Ontario .... I!, c. hall ' " '!. '■. K.vre 1!. )■. l''ia\vl<'y 1!., lIod^M! r U. V. Lake . . 1{. I'. Lawrence . I!. V. Prittie . . 11. V. Kobertson H. V. Koddy H., Severn v. HadlolT, I{. V. I'Ani-H 1 Mod. P. C. N. 8. 118 iHO L. It. 5 Apii. Cas. 102 4!) L. J. P. C. 20 180 20 (Jrant 31; I Curt. M13 . . . . 215 •35 II. C. q. I!. 120 ; 37 II. ('. (,). \\. 'A 2 IS 5 Q. L. It. 215 ; 2 Cart. 231 . . . 2P) 7T. It. 511 .,,. 17 L. C. .1. :i(i2. 'H'avi. .30S. . . 215 IHL. C. .1. II!,; vCart. :i2t . . . 215 15 L. C. .1. .j.tl: 1(1 I,, c. .1. .U!) 2 Carl. 3211 .^jr, L. It. 7 Apj). Cas. 1 12; 15 L. T. 721 ■"'1 L. .1. p. C. 11 . . . 221. 221, 251 TdddV Pail. (iovt. 200 ly.^ 01 Out. A|ip. Itep. 0;i;t 251 1 Dorion 2 App. 3.(0 2 Cart. 250 .j.,„ .,-.. 27 L. C. .1. 210 ' ._,-() 10 L. C. .1. ir,!(; 2 Cart. 2!l| . . . 215 '.•Can. S. C. It. |S5 yr.H »2I'. C. (MS. 0,12; 2 Cart. 000 . 244 L. it. 5 Ajip. Cas. 1(12 ''•• L. .1. p. ('. 20 jHQ lOCan. S. C. U. 222 . • . . . 240 L. It. 3 Ap|>. Cas. 1000 ; 38 L. T. 20,5 2.'!0 1 Ont. Kep. 415; 2 Cart. O.il •,(•{ •iO U. C. (^ IJ. 5,^s ; 1 Cart. 070 . 2|| 1 Hannay 550; 2Cart. 421 . . . 251 44TT. C. Q. P. ;-(;i. i Cart. 701 . -W, 28 St. Tr. 51 ,,^j I'''iilason jj^j^ 7 Ont. A|,p. Hep. 210 . . . 230,245 L. •!.!• App. Cas. 117;ML. .1. P C 1 50 L. T. 301 . . . .227, 2.-.0, 255 -Cs 13U. C. (^B. 515; 2 Cart. 010, -^W 4:^ U. c. q. n. ir,4 .^ , ^ 42U. C. (^15. (n2; 2 Cart. 000 ". 211 Can. S. C. It. 52 ^^''"'t""' 2;M, 211,248 41 U. C. (}. 15. 201 ; 1 Cart. 70!) . 245 2 Can. S. C. It. 70 ; 1 Cart. 411 . -^ao 1" Ex. 00 ,i,t M. n xxn TABLE OF CAREfl. Ht'oil, A.() 251 11 . . . 21!» ) . . . 247 t. HI . 2;ti» . 251 Dart. r,7V, 2(;h ■* . . . 211) 210 1 K. 22!» , 25H m; . . . 2fl(; i.J.l'. c. '(') . . 22!» , 25!) F;. J. 1'. C. 1 1(1 . . . 221 • • . • 25(1 P. C. 37 • • * ■ 215 13 . . . 23!) ■ * . . 243 i05 . , 243 . . . . 252 ■ • • • 252 • ■ • • 180 irt. 220 . G7 • • . . 180 TAr.rj^: of statittks. I. IMI'KltlAL ACTS. 1(1 Ciir. 2 c. 1 . '1 W. A M. C-. 2 . H (itii). 3 e. H3 . 31 (J(!o. 3 c. 31 . 1 iV 2 Vic. c. !) •'« 'V 4 Vic. 0. 35 ." [ !''t 10 Vic. 0. !»J . 10 iV 11 Vice. 71 l-'A- 13 Vic. c. 2!) . I'-'.V 13 Vic, c. (Hi . 21 it 22 Vic. c. 78 . 2!) A 30 Vic. c. 07 . 21 A 22 Vic. c. !»'.( . 28 & 2!l Vic. c, (;.•{ " •'<0A:31 Vic. c. 3 . s. H. 8. H. S. H. H. H S, s. s. s. M. S. S. s. B. a. 11 12 15 . 1(1 . 17 , 18 ,20 22 23 2(j 2!) 30 31 32 33 34 35 AdllH 52 > >f<'ctinK of rarli.imriit MectiiiK of I'arliuiiicnt . . . . , Quebec Aot Constitutional Aot, 17!)1 HiispcnHion of Ciinmliiin ronstihilion Tho Union Actof iHio Power to impose duties SunvndiT of Civil List .... * NiiviKiitioi) LiiwH .... I'ost Ollicc .....'..'" Privileges Uiitisli Columhia '!'^ liiiti.sh C.iunil.iii . • .; '^J Viiiidit--''" ' - • • - -• •'"••'' u: 18 is 1!) 21 20 21 20 t.v of (Joloiiial Laws 22(1 H- N. A. Act, 18(17 ; Executive power .... Privy Council Powers of Lieutoimnt-ftovornors Military foices Sent of (tovernniciit .... T'eKisliiture Privileges .... Yearly sessions I8t; 112 • . . . 1(11 • l'I8, 1,S2, ls;{ • • . . Is; • • 1(1!». 210 • • 2-."», 2(1(1 110 Nunil)or of Senate Senators Additional Senators .'.'"■■■ ' ".'* Senate, Tenure of Odice . . !*'* Henate, IJosiKnation Senate, Vacating seat Senate, filling up vacancies .' !!^ Seuator.s, qualificationH . ' ' \ .'- \ll Speaker of Senate . . • • • • U", 2.m Quorum of Senate ,,',. ', " ^^^ ll'j. 147, 230 C 2 IT r ii XXIV TABLE OF STATUTES. PAGES aO k :?! Vic. z. ;? s. Hi) Vote of Sprakor 147 s. 38 Snniinonini,' TIouRO of Commons . . . . 110. KVl s. 41 Election Linvs 21(), 2:U, 243, 215 K. 41 Election of Speaker 13H 8. 45 Election of Sjicakcr 138 s. iCt Speaker presides in House 130 H. 47 Absence of Speaker 231 H. 48 Quorum of Commons IIG s. 50 Duration of House of Conmions . . . .121,122 H. 54 Money Bills 82, 1(54, 185 s. 55 Assent to P.ills 110, 105, 271 H. 5(i Disiillowance of Bills 271, 27? s. 57 Disallowance of Bills 271,272 H. 58 Licutenant-dovornors iKl, 188, 203 s. .')9 Lieut.-tiov., Tenure of Onice . . . 83,173,2(13 s. ()0 Liuut.-Gov.. salary 230, 242 s. 70 Quebec, electoral districts 03 s. 72 Quebec, Legislative Council 230 R. 73 Quebec, qualification of Councillors .... 74 s. 74 (Juebec, disiiualifications 74, 70 s. 77 Speaker in Quebec Council 75, 82 s. 78 Quebec Council, Speaker 75 s. 87 Assembly, c]uorura 0(! s. 88 Le^'islatures of N. S. and N. B 230 s. '.)0 rrovineial Acts 174, 20!) R. './I Powers of nonunion Parliament 225, 220), 250, 205 (1) Public Debt and Property 233, 235 (2) Trade of Connnerce 253 (3) Taxation 235 (4) Bovrowint,' money 235 (5) Post Ollicc 240 ((•)) Census, StatisticR 241, 242 (7) Militia and defence 23<), 20G (8) Salaries of Civil Service 241 (11) Beacons and buoys 240 (10) Navi^'atiiin and Shipping 240 (11) Quarantnie and IMarine li()Sj)itals 23!) (12) Sea Coast and Fisheries 241 (13) Ferries 210 (14) Currency and Coinage 250 (15) Banking, paper money 255, 25(') (10) Savings banks 250 (17) Weights and Measures 242 (18) Bills of Exchange 251) (19) Litercst 250 (20) Legal Tender 250 (21) Bankruptcy 247, 250, 253 (22) Patents 255 PAOKB ... 147 . . 110. ICl 2:n, 213, 215 . . . VM ... 138 . . . 139 . . . 231 ... 116 . .121,122 82, KM, 185 110, 105, 271 . 271, 27? . 271, 272 IKI, 188, 2r.3 H3, 173, 2(i3 . 230, 212 , . . . (>3 . . . 230 ... 7-4 . . 71, 70 . . 75, 82 ... 75 . . . ()() . . . 230 . 174, 200 ), 220, 250, 205 . 233, 235 . . . 253 . . . 235 . . . 235 . . . 240 . 241, 242 . 23'.), 20G . . . 241 . . . 240 . . . 240 . . . 23!) . . . 241 . . . 210 . . . 250 . 255, 250 . . . 250 ... 242 . . . 250 . . . 256 . . . 256 247, 250, 253 ... 255 30 & TAllLE OF STATUTES. XXV 31 Vic. c. 3 I'AOES s. 91(23) Copyright .^5,3, ,,y (24) Indian.s ,,,(. (25) NiUuralisation ., jp (2(i) Miiniage and Divorce 2 10 (27) Criiiiiiial Law 210 (28) renitfiitiarius ^is s. ;)2 Powers of Provincial Legislatures . . . 225, 227 (1) Amcndiiieiit of Constitution 230 (2) Direet taxation 2;{,j (3) JJorro wing money 235 (4) I'rovincial Salaries ., j2 (5) Public Lands ^ri (0) llclbrmatory prisons 243 (7) Hospitals .,j , (■<) Municipal Institutions 257 ('.») Licences .,..- (10) Works and Undertakings 240 (11) Coinj)auies .,,-(• (12) Marriage _' .^.m (13) Property and Civil ligjits 217 248 (l'<) Administration of justice . . . .242,213 244 (15) Enforcing Provincial laws 243* 244 (10) Local and Private Matters '257 s.'J3 Education 170,' 240, 207 s. 1)5 Agriculture ^rp ss. 'JO-iUO Appointment of .Judges . . . 170, 222, 2 1'2, 243 s. 101 Establislmient of Courts ' 21o' 'II'-* s. 102 Dobts of the Provinces .....'.'..' 234 s. 105 Salary of Go vernor-Cleueral .... 104 230 242 s. 108 Public Property .' , ' '23-3 s. 10;) Provincial Revenues ' 2{'i S8. 110-110 Provincii)' ;bts .,.',,. s. 117 Power to take land 234 s. 121 Taxes un Canadian Products .... 235, 200 s. 122 Customs and Excise '23- s. 125 Taxation of Public Property . . . .' 235 200 s. 12(; Provincial licvenues ..... "'.".jj s. 12s Oatli of .Senators . o-'a Zr ,.,.,„,,. , ,. -•'.', .lot) s. _32 Ireaty obligations .,y^ Vic. c. 105 . liuperts Land Act • . " 27 "•-•« Vic. c. 11. . Mercliaut shipi)iug . ...... .' ." . '^tiH V le. e. 11 . . Naturalisation ... ■ • . . - j L. '>^ . . I.xtrarhtion . , . ,,,.^ t. M . . I'oreigu Enlistment Act . .w.^ c. 102 . Naturalisation . . ,'1 .1^35 Vice. 2.. . New Provinces. . 10, 142;22;). 230, 232.-233, 2^ L. 03 . . Privileges «■ llt» . Merchant shippiu;; ...... '. '. '. " .^^y 31 & 32 32 A 3,3 33 A 31 51 V 1 i \ *.. XXVI TABLK OF STATUTES. ;55 & -M) Vic. c. 15 . . ;{7 & .■JH Vic. c. 27 . . 158 & 31) Vic. c. U.'J . . c. 38 . . c. 80 . . C. 88 . . 42 & i;5 Vic. c. 21) . . c. 72 . . ■l:j A- 11 Vic. c. IC. . . c. 18 . . c. 22 . . c. 43 . . 41 & l.> Vic. c. (!i» . . •15 & K; Vic. c. 7t) . . K; & 17 Vic. c. 3U . . c. 41 . . •17 & 18 Vic. c. 31 . . 48 & 4;» Vic c. 4!) . . c. 71 . . 4;t & oO Vic c. 33 . . c. 35 . . c. 48 . . yd Vic. c. :i y() ct 51 Vic c. 51i . . PACES Treaty of Washington 208 Colonial Courts 208 Cop.yriglit 2G8 I'riviloKCs 117, 232 Mercliant shipping 2(18 Unscawortliy sliips 208 Jlarriages on sliips 208 Shipping casualties 208 Merchant shipping 268 Merchant sliipping 208 Mercliant shipping 208 Merchant shipping 208 Fugitive ollenders 208 Merchant sliipping 208 Companies llegister Act 208 Merchant shipping 208 Colonial prisoners 208 Telegraphs 2()!) Evidence 208 Copyright 208 rrivileges 40, 142, 230 Medical Act 208 Submarine Telegraphs 208 Meeting of rarliament 52 II. CANADIAN ACTS PRIOR TO CONFEDEllATION. 1!) it 20 Vie. c. 140 20 Vic. c. 22 . . . I'jlection of Councillors . . Discjualilication of Members 20 184 III. DOMINION ACTS. 31 Vic. c. 10. . 81 Vic. c. 25 . . 31 Vic. c. 311 . . 31 Vic. c. 42 . . 31 Vic. c. 43 . . 31 Vic. c. 41) . . 31 Vic. c. 52 . 31 Vic. c. 53 . . 32 & 33 Vic. c. 3 32 & 33 Vic. c. 4 34 Vic. c. 5 s. 4(i 30 Vic. c. 4 . . I'ost Ollicc 2(14 Disiiualitication of Members 184 Department of Justice 20(1 Secretary of State li)3 Customs 197 Inland Revenue 11)0 Department of Public works 202 Department of Agriculture 208 Manitoba and N. W. T 41, 52, 72, 232 Dei)artiueiit of Finance 11)8 Regulation of banks 241) Department of Interior 195 10 PAIIKS 2(18 2()8 268 117, 232 2(18 268 268 268 268 268 268 268 268 268 268 268 268 2(1!) 2(J8 268 i, 2,'50 268 268 52 14 \TION. 20 18-4 11, . 204 . 184 . 206 . IDH . 197 . l'.)6 . 202 . 208 72, 2;i2 . 11)8 . 249 . 195 37 Vic. (!. 10 . . . 38 Vic. c. 2 . . . 38 Vic. e. 11 . . . 38 Vic. c. 16 . . . 39 Vic. c. 7 . . . 41 Vic. c. .5 . . . 42 Vic. c. 7 . . . 42 Vic. c. 7 . . . 13 Vic. c. 27 H. 17 . 43 Vic. c. 28 . . . 46 Vic. c. 6 . . . 47 Vic. c. 11 s. 4 . . s. 9 . , .s. 10 . .s. 15 . . «. 10 . , 48 & 49 Vic. c. 4 s. 11 c. 40 s. 7 49 Vic. c. 3 . . K. H. C. c. 4 s. 3 . . 1!. S. G. c. 5 . . . . ss. 11-32 ss. 33, 34 1!. S. C. c. (1 . . . . K. S. C. c. 7 . . . . 11. S. U. c. 8 ss. 4-5 . 8. 20 . . s. 42 . . s. 96 . . s. 98 . . K. S. C. c. 9 . . . . It. y. G. c. 11 s. 1 . . .s. 6 . . s. 9 . . s. 9 . . s. 17 . . 8. 18 . . ss. 24-33 K. a. G. c. 13 . . . s. 4 . . 8. 8 . . H. 9 . . ss. 19-23 8. 81 . 8. 83 . ss. 84-99 ss. 121-123 K. S. G. c. 14 ss. 1,2. TABLE OF STATUTES, xxvii . Elcctiuii Potitions . . .,','1 ,, , ., , ■'40 . f^upiciuu .iiicl Exchequer Gourt.s . o^-^ ■ f "l'^'^'"'-' t^ourt ; ■„; 100,216 . Insulvency .^, . Witnesses ' 7" . Dis.iuiililiciUion of Members ..... ly^ . lleceiver-Gencral ... " inu . Department of liailways uud Gaiiuls .... 204 . Eraiicluse iu X. \V. T ' ..^ . Indians -,■ .)fj Iniliaus .... .,, .,,„ ,^. ,, ob, 213 . Disquahlicatiou, Militia ^.m ■ Uisiiualilicatiou, Salary i2'j . Disiiualilication of Contractors .... i-2'J Disqualification, .Shareholders i^O Dis(iualilicatioii, penalty ^.^q (jualilication of voters ^.,^. riace of votiii'' ... ,.,o ,,, . ■ • l-in ijlectious ,. Salaries of Ministers 184 Voters in 1'. E. I. and. B. C [ [ 126 Indian voters ,.,~ Ajijieals of voters ^^h liepreseutation in N. \V. T 122 124 IJepresentatiou in N. \V. T 121 iO{\ Day of noniinati(jn i;jq Qualilicatioii of Members 128 i;jo Voters disqualified ' i2(j Corrupt practices uj,, Corrupt practices ^jq Controverted Elections Act 137, i^y Dissolution p,,, I'ayiiient of Members iiy Hisqualification of Members 129 lie-eleotion of Ministers i;j(j lyj Officers disqualified ' i-jy Qualiticatioii of Senators ' 145 Payment of Members .118 C^uililication of Members ....!!! 128 Disqualification, Members i-j,, DeiJosit by Candidate _ i;ji Issue of Writ ' ,' , Deposit by Candidate ' I'jj Elections, use of hags .... v'j,- Elections, closing of Taverns ...... 130 Corrupt practices 136 Expense of Elections _ I'.j,; Absence of Speaker .139 i v?rT HM I xxviii 11. S. C. c. 11 ss. 5-7 . s. H . . H. 12 . . II. s. c. c. k; . . . 11. a, G. c. 17 . s. 1 . B. 11 . S. 13 . s. .-{.5 . IJ. S. C. c. 17 s. HI . a. r.i . 11. S. C. c. 21 . . . It. S. C. c. 22 . . . 11. s. c. c. 2a . . . 11. S. C. c. 21 . . . 11. S. C. c. 2,5 . . . 1{. H. C. c. 2.S . . . R. S. C. c. 28 s. 5 . . R. S. C. c. 2',) . . . s. 21) . a. -M . s. ;ii . s. 33 . R. S. C. c. 32 . . . R. S. C. c. 31 . . . R. S. C. c. 35 . . . R. S. C. c. 3C . . . R. S. C. c. 3'J . . . R. S. C. c. 11 . . . R. S. C. e. 11 s. 10 . s. 11 . 8. 12 . s. 13 . s. Ki . s. 20 . s. 21 . s. 30 . s. 32 . s. 34 . B. 5'J 8. 78 . R. S. C. c. 13 . . . R. S. C. c. 15 . . . R. S. C. c. 50 s. 7 . . s. 18 . R. a. C. c. 50 ss. 20-23 s. 23 ss. 41-50 TAULK OF .STATUTES. I'AUKS Vacating seat 141 Disquiilitication, Contractors 12'.l Resi^'iiatiou 140 Hit,'li Commissioner 214, 215 Civil Service Act I'JO When no examination 11)2 Deimt.v Head 1!>1 Deputy iJeaiVn duties I'.'l Promotion 1!)1 E.xamination not required I'.ll Exaniiiialion not reciuired 1".I2 Minister of Justice 207 Tublic Printing 1'.<1 Dejjartment of Interior HKi Departnient of Agriculture 208 Marine and Fisheries 20'.» Treasury Board l'J8 Finance I'.CJ Audit of accounts 202 Payment of monoj 200 do. 201 do. 201 do. 202 Customs l'J8 Inland Revenue l'J7 Post Ollice 204, 205 Public works 202, 203 Exi)roprialiou Act 204 Militia Act lOi), 210 Leccc en viasxe 211 Persons exempt _ 211, 212 Active Militia 212 Period of service 212 Military districts 211 Roll of inhabitants 211 Claim of exemption 211 Making up Company 212 Substitutes 212 Calling out by oilicer 213 Service of Reserve Militia 213 Calling out Militia 213 Indians 214 Mounted Police 208 Councillors in N. W. T 75 Distribution of seats in N. W. T (j4 Councillors in N. W. T 75 Duration of N. W. T. Council 52 Courts in N. W. T 107, 108 211, i'A(ii;s . 141 . 1211 . 140 215 lUO 11)2 1!)1 1!)1 11)1 11(1 11)2 207 11)1 11)0 208 201) 198 I'M 202 200 201 201 202 11)8 11)7 204, 205 202, 203 . . 201 1C<), 210 . . 211 211, 212 212 212 211 211 211 212 212 213 213 213 214 208 75 G4 75 52 107, 108 TAIJLE OF STATUTES. xxlx It. h. C. c. ;j3 . . . Kcowatin Act ^(j It. S. C. c. 135 . . . Supreme and Excliequcr Courts -iK; ss. 23-31 Ai)pullatG jurisdiction 2I8 s. 3.S . Private liills .'.".' 218 s. 70 . Appeals from Excluvjucr Courts 2I8 ss. 72-74 Validity of provincial laws .... 219 It. S.C.c. 135 ss. 00-75 Supreme Court . 2'-'0 c. 135 s. 71 . Appeals to I'rivy Council . . ' • • • -^^ It. S. C. c. 138 . . . lieniovalofjudKes .".'.' 170 K. S. C. c. 138 . . . ApiHiiutmeiit of judges . . ' 22'> li.S.C.c.l74 . . . Justices ; ; \,^^ ^^^ "■ ^7'' • ■ • J" lort c. 178 . . . ao 4!) A ,50 Vic. c. ., '^- i'-i ■ ■ ■ . Parish Courts ' ' <)<) 44Vic. c. 12. . . . Supreme Court ' '|q', ^[y, 45 Vic. c. 21 . . . . yiialilications of Members . . " ' ,ii -••> •19 Vice. 9 .... Supreme Court . . ' " ' ' .t ^- ^° ■ • ■ . County Courts ^^. 57 98 . 74 01, ()3 50, 52 . (;2 09, 70 . 57 . 00 ■ 98 . 97 . 98 • 97 • 97 . 219 . 02 . 97 63 95 I"*"' ^r xxxii TABLE OF STATUTES. ■ i h PAOEB 48 Vic. c. 2 s. 7 . . . Electoral divisions iiS Ontaiuo Kkviseu Statutes, 1887. Qualilication of Members 01 Franchise 01 Electoral divisions 03 Duration of Legislature 52 Dissolution 50 Disqualifications of Members 02 Qualitications of Members 00 Eesignatiou of Members 71 Speaker of Assembly GC Privileges 08, 70 (Quorum 00 Payment of Members 53, 54 Annual sessions 52 Devisee Commission Court 1)5 Appeals to Privy Council ',)0 Court of Appeal 'JO, 21'J Maritime Court yi Court of Appeal n 44 A- 45 Vic. c. 7 .s. 1 . . Duration of Logisluturo ....... 52 s. 2 . . Dissolution r,Q 49 d' 50 Vice. 97 s. 4 . . .Vppointmcnt of Councillors . .' ." .' ." J4 s. 4 . . Disqualification of Members 02 s. 7 . . Speaker ,,,. s.s. 23-27 EcsiKuation of Mcmber.s ....... 71 ss. 40-50 PrivilcKOS ' ' ^.^ .ss. 70-74 raymcnt of Members . . . ' ' " " 'r,.^r. ''•' ^'i"- c. 11 Superior Court . ... ' ' „ Civil Code of Procedure, Art.s,. 18,4 Court of Poviow . ....".'* .',1 105.S-10.5h Circuit Courts ....... \)0 1114-1110 Api)eals to g. JJ .jj nxi do ' ■ ■ ,,1 llHH-llsi) Commissioner's Court 89 1210 Justices j^jj 1217 Recorders ^,j 1218 Trinity House .' g,, •■\ CANADIAN REPOllTS REFERRED TO. Can. S. C. U Supremo Court of Canada. Cart Cart\vrii,'ht'H cases dt'eided on tlio H. N. A. Act , 1 Hfi?. l>()r. App I >i >rion's {^uclicc Appeals— Queen's Bench, (Quebec, Apjw'al Side. Grant (Jrant's Chancery llcijorts, i 'ntario. Ihinnay Hannay's Reports of the Supreme Court of New JJrunswick. li. C. J. Ijower Canada Jurist. Tj. N r.eKal News, Quehec. Ont. App Pu'ports of tlio Court of Ajipeal of Ontario, Out. Hep lieports of the Hi^,'h Court of Justice, Ontario. Put,' I'liKslcy's Kejiorts of tlio Huprenie Court of New Brunswick. \'»ii. and B PuKsley's and Burbidf^o's Reports of the Supreme Court of New Brunswick. Q. li. U Quebec Law Reports. R. and C Russell and Chesley's Rojjorts of the Supreme Court of Nova Scotia. R. and O Russell and (Jeldert's Reports of the Supreme Court of Nova Scotia. IT. C. C. P Rc])(»rts of till' Court of Conmion Pleas, Ontario. U. C. (i. B Reports of tlu! Court of (Queen's Bench, Ontario. Steph. Dig Stephen's Dif^est of Quebec Reports. :d to. AJJlJJiEVIATlONS. [.A. Act, 1807. iench, Quebec, Court of New ntario. 3, Ontario. Court of New ■■"'i ■ tlie Supreme '';! tlio Supreme i tlic Sujjreme eas, Ontario, null, Ontario. ■^"-"" ^'''''''' "'"1 C-'"^'""! <'f the C.MstituliuM l.y Sir W. !'• Aiisnn. ().\ti)i(l, i,sM(;. ' • ^' liiitish ('(.IiiiuMa. "■*'• ^"'""'- ''"' ■'''"' Consoli,latni S.atut,.. .„■ lintisl. Clun.biu. \ ictnria, |s77. ';■ ■"^■. •'^' •^'■' '''•"'•'^'i ^'''ill' AnHricaii Act, Isi;?. '""""" I'.irlianu.ntar.v JT.,..,.,luro an.l J'nuti,... i,, ,|,, J)onmii,mor(',um,l,tl.v.). (i. |!„unnnt. M.m- tival, iM.si. C. (). lUwdations Col,,,,,-,,! Olli,,. i;..,M,lation,. "'•"■"•""'"" ^'f'""'^' 1-1"- "'• th. i>o,„ini„n of Canmla I.s72-H,s. ''' '"" ^"'"■'^ '''■'•'•'"l "" "'<■ I!. N. A. Act IHCT, in tl„. 'nv;y C.uncil, S„pn n,. Court of Canada a.,,1 (,, . ""-■ 1 '"Viiidal .ourts. Toronto, \hh->. '" ''tr'Vlrr^'''''™"^'--^^'--'''. C S X 3 1'r;'" •;' r' 1--'"- "'■^-cr Canada. " ''~;,f''"-''-''^-'''.'te.lo- H.J. Morgan. *'"~ "''^'"•^ '1" Canada .l.,nus sa doc„nv..,,o j„s,u-^ ^", ''"^toncal and stati.stical account of Nova ^Seotia by Thomas C. llalihnrton, 2 Vols iifilifax, 1829. • ^^■^'^^^^^ Manitoba. ';:;■ '"""'• ''^' ^ ^ ^--'''^"^- «'»tut.. of Manitoba, ,.80 ''':::::!:'T^^l'''^^''''''^'''''^^'''^'■''^^^^--^ >.-iKo o. I arhannnt by .Sir Tbon.as Erskino IV -r t XXXVI AHIUJKVIATIONS. N. H Now UrnnRwick. N, H Nova Scfitia. N. S. Rev. Htrtt 'I'lic Itcviscd Statut.'s of Ndvu Scotia, IhhJ. N. \V. T North WcHt Territories. Otitiirio. O. R. S Tho Ucvisfd StatntcH of Ontario, 1H87. P, i;. I Prince KdwardH THlniul. P. K. I. Rev. Htftt Tlir Hivised HtntiitcH of Prince EdwardV iHlaiid, P. C Privy Council. Q Qiiclx'f. R. M. C Tlic Kfvisod StatutcH of Canada, IHHC. H. O StandiuK OrderH. ;. . »■ h , 1H87. KilwarcVrt iHlaiid, m CIIAI'TKII I. T.VTHonrcTioN. O.N il... Is, .lay of July in ,h.. ,.n,s,.,.( ynxr (IS.S.S) ,|„, U.Kulm.. r...K..alinM attai.H.I its n.ajon.y ; ,wn,(v-on,. v.ars hav.nu- ..|a,.sc.(l sincr hy u,. o,,!.,- ],. Council tlu, Pn.vin.vs Of nuumn, Q,H.bec, Nova 8cutia a.ul N.u- Br„uswiH< w..,v fonn..d,n,.. ,lu. ])onuMiou. Twcnty-on. y.a.s is no. a lo,,.- ponod uMlu. lii;. Ola State, and it is not to In. ..p.,,.,.i| thHMh.. Cons,i„„i..„ ,.,■ Canada will pn.vo as instrucivv a -. .|..'t of stu.ly as that ..f ,!,.. Unit..] States with its hund.vdyoars of on.uth and d.velopn.ent. JJut in n.any resprrts the Canadian C.n.stilution oliers u speciaJ li.jd tl,r the n„,unv... I, is a snccessfnl efto.l to solve the pn.bh.n, Of uniting.hstuH.t states or pnninces under a eentral ..ovorn- ment A sin.ilar task had already presented itsd^ to an £i'k1is1> sp..akino. p,,opk, but the conditions of the probk.n soKvd u, Canada dim.red in n.u.y rospects iron, the eondi- ^ons ,ha, lae,..l Washington and his associatos. While, the AnH.ru.an States ha.l to ereato not n.erely a eentral govern- ment but a governn.ent which, within the lindts h.i.l down, should be supreme, the Canadian Provinces had to o.^ani.J a . nion subject to a supren.e Executive. Legislature and Jtuhcature all of which already existed. The txcvutive su- F-nacy of the Queen, the legislative power of the Lnperial Parlnunent, and the judicial functions of the Priw Council li^l Tg l **^. -uinu., ., jusawian iMPHH INTRODUCTION. ^Ir Dif- fmcnces between Canada and U. S. remained unaffected by the Union, and this to some extent simplified the work to be done. It has been more tlian once stated tliat the Canadian Constitution is a mere copy of the American. Such a statement is very far fr(jm the truth. That the frameis of the Quebec resohitions adopted portions of the Amni- ciiu system is undoubted, but evi'ry care was taken to avoid tlios(.' weak points in tliat system which the experience of Real's had bi'ought to light. "We can now," said Sii' John Macdonald when moving in the Legislative Assembly of Canada the reso'mtion in f'av(»ur of the Union, "take ad- vantage of the experience of the last seventy-eight years during which the (U. S.) Constitution has existed, and I am strongly of belief that we have in a great measure avoid('(l in this system wjiich we propose for the adopti' referred to latei' on. 1 TNTRODUCTrON. 3 some extent the Canadian can. Such a t the t'ranier- i)t' the Anu'ii- taken to avoid the expeiienci: now," said Sir ative Assemhly lion, " take ad- ity-eight year- listed, and 1 am iieasure avoided idoption of tlu' lid events have " The election independence nt ministers ami ft (jovernnient nt e of legislative ijiortant chaiac- But in)t one III The Executive' iti'd in Canada ■own), who is tv- [sponsible to tin ly are given l" er being lod,^vll Int, i'or the bedii! powers of till ridits had becii •eat Civil War, itntions will 1)' The English Constitution and the Constitution of the different North American Colonies at the time furnished many suggestions which were embodied in the Act of Union. The House of Lords was taken as the type of the Senate or U])per House, nomination for life being substittited for the hereditary principle. Tht' practice of introducing money bills in the HiHist^ of Commons on the .id\ice of a minister was adopte ieneral is ap- pointed by the le prineiple (»t is by consli- linisters those ' the H(juse ot ui-e similar tu { the English m Act makes !anadian Privy xl interests the adviee of lii> ^ m ■J. ministers. Ffis power is theref(»re of a iiuicli more liniitecj nature than that enjoyed by the President of the United States. The Piv.sident durhig his term of othce may art inde[)endenlly of his ministers, who are to be regarded rather as heads of departments than as advisers uf the Chief of the State. The Canadian Parlianient has fidl i)o\ver to legislate on all I'owoisof T > r' 1 matters not assigned t(j the Provinces, and not directly or tion. indirectly reserved to the Imperial Parliament. Twenty-nine classes of subjects are enumerated in the Union Act of l.S()7 as within the legislative competence of the Dominion, but it is expressly declared that such eiuimeration shall not restrict the general power given "to make laws for the peace, order and good government of Canada in relation to all matters not coming within the classes of subjects assigned e.xclu.sively to the legislatures of the Provinces." The enumeration of specific subjects is therefore to be taken by way of illustration, oi' as throwing light on the specific powers assigned to the pro- vinces. The Dominion legislature is restricted not merely by the provincial powers but by the express and implied reservations in favour of the Imperial Parliament. No duties as be- tween the different jjrovinces can be imposed by the Dominion, nor can the Dominion alter the leading principles of its Con- stitution. In such matters the In^jerial Pai'liament alone can take action, and when, for example, it was thought de- sirable to })rovide for the representation of the North West Territories in parliament, an Imperial Act had to be ob- tained giving the requisite power to pass the necessary legislation. Com))aring the powers of the Dominion Parliament with Dominion those of the United States Congress the chief differences are meut'and as follows: U. S. CoiiKrcHS. 1. The only portion of Criminal Law delegated to Con- l-^Crlmi. ^: ? 4'rl grcss relates to counterfeiting securities and current coin of the nal Law. -«iuCi'^-" 10 INTRODUCTION. I I h 2. War. ;{. stiitc llO\V(^lS. Iicstiic- tioiis. United States, and to the definition and jtunishmcnt of pira- cies and felonies connnitted on the high seas, and of offences against the law of nations; whereas in Canada the whole Criminal Law, except the constitution of Courts of Criminal Jurisdiction, is practically within the jurisdiction of the Dominion. This course was adopted not from any distrust of the provinces, but from the desire to secure a uniform criminal code throughout the Dominion, so that a citizen in whatever part of the Confederation he might be would always know what was his position in regard to the Criminal Law\ 2. Congress can declare war, a power that in Canada belongs to ti.o Crown. 8. In the United States the powers not specifically dele- gated to the United States are within the jurisdiction of each State : in Canada the powers not s})ecifically given to the Provinces are reserved to the Domiuiou. The Canadian prin- ciple was adopted with the express object of strengthening the central government, and of preventing any ([uestion arising as to " state rights " or to the sovereignty of a pro- vince. The exercise of the power of the Governor-General to veto a Provincial bill, on the ground of its infringing the settled policy of the l)(jminion, has however brought about a confiict between Manitoba and the Dominion, though such conriict tends to be peacefully settled. 4. Certain restrictions exist on the legislative powers of Congress that are not found in Canada. That direct taxes should be in proportion to the census, or that no ex jjost facto law oi- bill of attainder should be passed, are principles binding on Congress but not on the Dominion Parliament. 5. Thei'c is another class of restrictiliunl)ia I'rJMt^o Edward's Island Koowatin ) Nortli-West Torritury and Islands^ Area, Hinmro miles. l>u|iiilntinn, 101,733 1,923,228 1 hs,(;hh l,3.'-)9,{)27 2(i,i)n!) 140,,'iS7 27,171 321,129 12;^20() (i.''),!»,'>4 34i,.m-) 49,4r)9 2,133 108,928 3,000,352 S(5,44G 3,805,494 4,324,758 Originally tho Dominion was composed of tlic Provinces of Ontario and Quebec (previously known as Upper and Lower Canada respectively), Nova Scotia and New Bruns- wick. By an Imperial Order in Council' dated the 28rd June 1(S70 the North West Territories were ceded to the Dominion as from tho loth Jidy 1(S70, and a Canadian Act (33 Vic. c. 8) formed out of these territories the new Pro- vince of Manitoba. British Columbia was admitted into the Dominion as from the 20th Jtdy 1871 by an Order in ' See Appendix. -'4 ONTARIO AM) uri'.liHC li CES. (•(.initriscH suitl !i Viist tlu' North Council' (latod the IGth May 1S71, and Prince Ivlwanl's Island was admitted as t'roui the 1st July IHTU by an UnUr in Council' dated the 2(iih July l.S7:{. In l>S7(i the District oC Keowatin was carvoil out of tho North West Territories, '1 received a special form of government under the direc- ,1 (if the Lieutenant -Covernor of Manitoba. My the British North American Act l)SU7 provision was made for the iidiiiissidii of Newfonn(lland, but it still remains 'i separate (■(ilniiy, though there is at present a movement iii p-'ogrcss in llie island in favour of ITnion. Tlie following brief outline of the Constitutional history el the various I'lov inees may prove useful lo the stmleiit. I. Ontario and Quebec. After the coni[uest of Canada and its cession to England Constitn- , , •, 1 • r \f 1 • 1 w /% /• 111 tion of tho the capitulations or Montreal in 1700, conhrmed by the Pnivince tyof the lOth Feb. lUi:], the Crown by Letters i)atent °^^^"'''"'''• l,. ..stituted tho Province of Quel)ec. General Murrav was appoi'ited Covcrni>r, and he was ordered to execute his othce according to his commission and the accompanying instruc- tions and such other instructions as he should receive, and according to all laws made with the advice and consent of the Council and Assembly. Power was given to him, with the consent of the Council and as soon as the circumstances would ])ermit, to call an assembly of the free-holders and ])lantcrs, and until this was done the Governor and Councdl were invested with " authority to make; such rules and regu- lations as should appear to be necessary for the peace, order and good government of the Province." The Instructions recjuired members of the proposed No ns- assenibly to take in addition to the oaths of allegiance and j^gt ' supremacy a declaration against transubstantiation, but the French popidation who were Catholics refused to take such 'I :| I'' f t I See Appcmlix, ■y .1 -^ mmtw tf-SSf m^ wm 10 CONSTITUTIONAL HISTORY OF THE TROVINCES, Tho Council. Uncrr- tiiiiity of laws. tests, and tho assembly though formally summoned never met*. The government therefore remained in the hands of the Governor and the Council. The Council consisted of the Lieutenant-Governors of Montreal and Three Rivers, the Chief Justice, and eight others chosen from the residents in the Province ^ It pos- sessed legislative as well as executive powers: the Crown retaining the right to disallow all laws. Great uncertainty prevailed aw to what laws were actually in force in the Province. Some thought that the etfect of the conquest and of the proclamation of the 7th Oct. 17G3 was to establish the law of England in all its branches, the French settlers maintained that the old Canadian laws remained unrepealed, whilst some of the leading lawyers held that the result of the proclamation was to introduce the Criminal Law of England and to confirm the Civil Law of Canada. '. 1 f !Wi h The Government of Quebec retained the above form until 1774 when the English Parliament gave a new Con- stitution to the Province by an Act known as the Quebec Report of Act'. Previous to the passing of this Act the Crown by ftiul Wod- Order in Council had directed Attorney-General Thurlow (Icrbiune. ,^^^ Solicitor-General Wedderburne " to take hito considera- tion several reports and papers relative to the lan^s and courts of judicature of Quebec and to the present defective mode of government in that Province and to prepare a plan of Civil and Criminal Law for the said Province and to make their several reports thereon." On the reports made in pur- suance of these orders the Quebec Act was based*. The new constitution recognised the religion of tho French pojiidation by relieving Catholics from the necessity of taking the test oath, and enacts that tho English Criminal • Christie, i. p. 50. •I U Geo. III. (i) c. s:i. - Garnoau, ii. p. 87. ■• Christie, I. p. 27. vii hv el. sott If 'n' ;ui( shdi NCES. cd never hands of ernors of ind eight It pos- he Crown re actually e effect of Oct. 1763 , branches, adian laws ig lawyers troduce the ivil Law of above form new Con- the Quebec t Crown by al Thurlow |o considera- e la'^vs and nt defective pare a plan nd to n\aki> ladc in pur- 4 rion of tiu' [he necessity lish Criminal OXTAKTO AND QUEBEC. 17 law was to prevail in criminal matters, but as regards pro- pcrtv and civil rights recourse was to be had to the laws of Canada which were based on the customs that the French settlers had brought with them. The legislative power was Tho Lcsis- ])l;ic('d in the hands of a Council appointed by the Crown, comuiil. ruiisisting of not more than 28 and not less than 17 persons. Xi) ordinance was to bo passed unless a majoi'ity of the Cill iutro- vince into Upper and Lower Canada, the line of division j.'j'^^' ''^ being so drawn as to give a great majority to the British clement in Upper Canada and a great majority to the French j settlers in Lower Canada. The measure was strongly opposed by Fox, who urged that the separation of the English and Ficufh inhabitants was most undesirable, and that general and ]iolitical expediency required that the French and English should coalesce into one body, so that the diflPerent distinctions of the people might be extinguished for ever. Many Cana- fhans were opposed to the principle of the bill, and their r [.: ' Christie, i. ji. (is. 2 \ r\ g^f-^-wmmtmm ■iV ,/! Tho Con- stitiitioiiiil Act, IT'.tl. The Uovcrnor. The Legis- lative Council. Non- success of llio Con- stitution Act. 18 CONSTITUTIONAL HISTORY OF THE PROVINCES. agent, Mr Adam Lymburner, a merchant of Quebec, was heard at the bar of the House of Commons. The Act was passed, and is known as the Constitutional Act of 1791'. The Act divided Quebec into two provinces, Upper Canada and Lower Canada. In each province the k'gislature was In consist of the Governor, a Legislative Council and a Legislat.i\c Assembly. The Governor had power to give or withhold the roynl assent to bills, or to reserve them for consideration by the Crown. He could summon, prorogue, or dissolve the legis- latui'e, but was reijuired to convene the legislature at li'ast once a year. The Legislative Council in Upper Canada consisted (4 not less than 7, and in Lower Canada of not less than 1.) members, chosen by the King for life, the Speaker being appointed by the Governor-General. The Legislative Assembly was in counties elected by 40,9. freeholders, and in towns by owners of houses of £'> yearly value and by resident inhabitants paying £10 yearly ri'ut. Tin number and limits of electoral districts were fixed by the Governor-General. Lower Canada had 50 members, Up])tr Canada 1 6 members, assigned to their respective legislatuix-s. The new Constitution did not prove a .success. Serii^ib differences aro.se between the Legislative Council and ihc Legislative Assembly in regard to the control of the reveiiui and sup})lies, differences which were aggravated by the cdii- flict that still went on between the French and English n\vv<. The state of Canada was brought before the House i'. Commons, but the House rejected the proposal to make aiiv radical changes. The discontent resulted in the rebellioi, of 18.37 — 8, and an Act was passed su.spending the Constitu- tion of Lower Canada'', and under its provisions a specia. 1 31 Geo, III. (i) c. 8L -' 1 S: 2 Vic. (i) c. !». I NCES. ONTARIO AND QUEBEC. 19 icbcc, ^vi^s istitutional per Canada ,t>nv was t.i ,Logislativi' 1(1 the royal {'urn l>y <^"' e the k'gis- ture at U'ast consisted of less than !•') pcaker boin;; Icctcd by 40,9. i of £o yearly u-ly rent. TIk fixed by thr mbcrs, Upinv c legislatures. cess. Serious mcil and iho jf the reveiiui | (1 by the con- 1 English races, the Honse of 1 to make any | the rebclliou the Constitu- Isions a special | Council was appointed to administer the province. Lord Durham was appointed Governor-General, and was intrusted witli large powers as high Connnissioner for adjusting the it'latious and government of the two provinces. On his arrival he dissolved the special Council and ap])ointed a lu'W executive, and then proceeded to examine into the causes of the failure of the Constitution of 1791. The result (if his iucpiiries was embodied in the famous Durham re]iort )iri<(iite(l to Parliament in 1839, in which he reconnneiided the union of the two provinces and the introduction of iv<|iunsi])le government. Lord John Russell brought forwai'd II liill to carry out the former of these recommendations, luid the Iiill became law on July 23rd, 1840'. This Act imitod the two provinces and established a Legislative Council of not le.ss than 20 members, appointed tor life by the Governor, and a legislative As.seuibly of 84 iiKiiiliers, eousisting of an ecpial nundx'r from Upper and bowel' Canada. Toronto, Montreal and Quebec were to return two niend)ers each, certain other towns and the county ronstituencies one mendier each, power being given to the (loveiiior to fix the limits of the constituencies. The number of i'e|)resentatives was not to be changed without the con- currence of two-thirds of the members of each House. A real property ([ualification to the amount of £500 was re- quii'e(l of all members of the Assembly. As regards the revenue and expenditure certain fixed charges, amounting to about £75,000, were thrown on the con.solidated fund, and all other expenditure was placed within the control of the Assembly. It only remained for the home Government to give effect I to that portion of the Durham report which recommended the introduction of responsible government, and in a Despatch Tlic Union Act, IHIO. Responsi- ble (.jovoni- mout. ! '•* 'i !i> H 1i .t' ' H & 1 Vic. (i) c. 85. 2—2 20 CONSTITUTIONAL HISTORY OF THE I'ROVINCES. *' s iuul ti) >rs. 'Vhv Llovcruor meuibers, itioH two itivo and Assembly in which a sopara- he execu- ted ill the i32. The lit, and ill itht' Lieu- not ex- uncil, not Muiick'' .'gislative to Nova the Com- 3otia until but sub- appointed eil possess- :o. 20, p. 3'.). Jour., N. S., NKNV lilMNSWlCK. 25 ( t] ini;' executive and legislative functions. Power was given to MUinnon an assembly, but such assembly wa.s never called, ill hS20 the island was re-annexed to Nova Scotia'. The constitution of Nova Scotia, save as expressly altered by the B. N. A. Act, 18G7, remains practically as it was at the time of the union. Though Nova Seotia was the first jirovince to projiose Confrdc confederation, the Government, (K'terred by the unfavourable result (jf the elections in New Urunswick in March, ISG-), took no step to bring the Quebec resolutions before the Legislature until LSG6, when a resolution in favour of con- federation was carried by 31 to 15. 3. New Brunswick. The present province of New Brunswick was originally part of Nova Scotia. In 1784 it was made a se])arate ])rovince, and hi the following year the government was entrusted to a G(jvernor and a Council possessing legislative and executive functions with power to call an Assembly of the freeholders*. The first Governor was Colonel Thomas Carleton, who re- mained in office until 1803. After he retired the govern- inciit was carried on by the President of the Executive Council, who during the war with the United States was a military and not a civil officer. In '818 a regular Governor was a])pointed. The Council continued to possess legislative power until 1832, when a separate legislative Council was ajipointed. The executive occupied a very independent posi- tion, as the territorial revenue of the Crown was sufficient to defray the expenses of the civil list. The refusal of the executive to give the Assembly any return of the receipts and expenditure of the revenues from the Crown lands k'd ' See Despatch of Earl Bathurst and Proclamation of Sir James Kempt, Jss. Jour., N. S., 1841, App. - Sec Commission of Gov. Carleton, Can. Sess. I'aiJcrs, 18H3, No. 70, 1). 17. Gover- nor Carleton. Legis- lative Council. I .t< l! ^! if .It.,-- IBM Control of iinuiicc. llcHponsi- blo govorn- muiit. Federa- tion. t ' •i ■ I 2G CONSTITUTIONAL HISTORY OF TliE PIIOVINCES. k) II (lL!|)utation being sent to England to retjiicst that thu control of the public revenues be vested in the Assembly. The Colonial Secretary complied with the request, and issued instructions to the Governor and Executive Council to sm-- render the territorial revenues in consideration of the grant by the Assembly of a liberal permanent civil list. The next step taken by the Assembly was to establish the responsibility of the ministers to the Assembly. In 1847 Earl Urey as C/olonial Secretary forwarded a despatch to the Governor of Nova Scotia defining the theory of responsible government as applicable to the provinces. He laid down the principle that the executive councillors who directed the policy of the government should hold office only while they retained the confidence of the House, and that all govern- ment officials should be excluded from both branches of the legislature. In the Ibllowing year a resolution asserting the application of the above principles was introduced and })assed by a large majority of the Assembly, and from that time the responsibility of ministers was fully recognised. The Quebec resolutions for effecting a Confederation of the Provinces were brought before the people at the general election held in March, 18G5, but a majority of the new Assembly proved hostile to the scheme. In the following year the Legislative Council passed a resolution favourable to the Union, and the ministry thereupon resigned. A general election immediately followed, and on the 30th of June a resolution in favour of confederation was carried in the Assembly by 31 votes to 8. A similar resolution was passed by the Legislative Council. 4. Manitoba. By section 146 of the British North American Act, 1807, power was given to Her Majesty in Council, on address from the Houses of Parliament of Canada, to admit Rupert's Land and i'i jif MANITOHA. '17 b Iho inbly. iss\iL'(l J s\ir- graut sh the I 1847 to the onsiblo »wii the ed the le they goveni- i of the ting the I passed time the •ation of general he new [oUowhig irahle to general June a in the ,s passed ^t, 1«07, Ifroni the Laud and the North West Territory, or either of them, into the Union on such terms and conditions in each case as shoidd be ex]tress(-'d in such addresses and as Her Majesty shoidd approve, subject to the provisions of the Act, and it was further dechu'i'd that any Order in Council in that behalf should have the force of an Act of Parliament. In liSG7 the Canadian Houses of Parliament adopted a A'ln'i^'^'on joint address to Her Majesty praying for the admission ot the 'ivni- above two territories into the Union: but it was found that the then existing charter of the Hudson's Bay Company which owned and enjoyed certain lights over a jjortiou of the territory in iiuestion, would prevent full powers of govern- ment and legislation over Ilu])ert's Land and the North West Territory being transferred to the Canadian Parliament. To remedy this state of things the " Rupert's Land Act, Kuptrt'^ ISO'S,' was passed, enabling the Hudson s Bay Company istis. to surrender to Her ^lajesty and Her Majesty to accept a surrender of all their lands and rights enjoyed undei' their Letters Patent, provided that the terms and conditions on which Ru])ert's Land was to be admitted into the Dominion should be approved by Her IVLajesty and embodied in an address from both Houses of the Dominion Parliament. The details of the surrender being settled a second addi'css was presented to Her Majesty in l.SG!), and on the 24'tli Jtme, 1870, it was by Order in Council" declared that from the l.')th day of July, 1870, the North West Territory and Rupert's Land were to be admitted into and become [)uit of the Dominion. The admission was made subject to the terms and con- ditions contained in the addresses, but on looking at the addresses it will be found that the hrst address relating to the North West Territory contains only two clauses of impijrtance, viz. (1) "the Government and Parliament of Canada will be Condi- ready to provide that the legal rights of any corporation, com- 1 31 & 32 Vic. (i) c. 105. ^ ,See Appendix. \'% ■ ■a .. *-^ r . I: 28 coNsriTiirioNAh history (»r Tin: i'unviN( i:s. i| l'7l %\ IjC(,'islii- tivc power ovor tho Tcni- torit'S (ukI llupt'it's Land. Provision tor K<)- verument piiii} or iiidiviiliiiil within tlic suiiic shall he rcs|K'('l((l ami placed uikIlt tlu' prutectiou of courts of coiupclt'iit juris- diction." (2) "That the ciaiins of thu Indian tribes to compensation for land rc'(|uiro(| lor pur])oscH of the settlement will be con- sidered and settled in conformity with the e(|uitable prin- ciples which have unifoiinly ^'overned the British Crown in its dealings witli the aboi'igines." The second address relating to Rupert's Land dealt mainly with the rights reserved to the Hudson's Bay Comi)any, but 8tij)ulated that claims of Indians to comjiensation for land required for ])uri)oses of settlement should be disposed of by the Canadian Government in communication with the Im- perial Government. From the date of the admission the Canadian Parliament acijuired legislative power over the newly admitted territories. By the Order in Council it was declared as regards the North West Territory that "the Parliament of Canada should from the day aforesaid have full power and authority to legis- late for the future welfare and good government of the said territory," and such Order in Council has by the British North American Act, 1867, the force of an Act of Parliament. As regards Rupert's Land the Order in Council was silent as to legislative power, but by the Rupert's Land Act, 18G I government of Her Majesty's subjects and others therein." Previous to the surrender of the North West Territories an Act was passed by the Dominion Parliament providing » 31 & 32 Vic. (i) c. 105, s. 5. lb eii of fo liu- I • " rem. rritories ruvidiug i RRITISII rOLTTMHIA. 20 of the N.W.T.' I'itorifS. lor their temporary ^fovennneiit, innl the first liieiiteiiant- Oovei'iior was apiioivted in 1S(!!». 'riic uiithreak of the iii- siirrcctioii aiimni^r the half'-hreeds prexcnted the Lieutenant - (Invern((r exei'cisiii^f any of his functions, ami iniineiliately after the rebellion was over an Ai't was passed to estahlish a new province carved out of the North West Teriitoiies, under the nanie of Manitoba. A constitution, siniilai' to Mimit<'''ii. that existing in the other ]»rovinees, wa.s conferre<| on the new |)rovince, and tiie first leL(islature was elected in 1S7I. 'I'he province is dividi'd into four counties, and these are subdivided into twenty-four districts or divisions for legis- lative, judicial and electoral purpo.sc8. 5. BUITISII COLUMIUA. British Cohunbia, the largest of the Canadian provinces, cannot- be said to have ha ' % ■■i J See Appendix. .'h ^ii 1 ;\l'l I 32 CONSTITrTlONAL HISTORY OF THE TROVIXCES. ^1 ill 1'; I , 1 Early Constitu- tion. Intiodiic- ti(in of IP- sponsible t^'ovcrn- niout. 6. Prince Edward's Island. Prince Edward's Island, the smallest province of the Dominion, oi'iginally called St John's Island, until 1770 formed paT't of Nova Scotia. The first Governor was Walter Patterson, and by his commission* he was required to execute the duties of his office in accordance with his commission, the royal instructions, and such laws as might be passed by the Council and the Assend^ly. The Council possessed both executive and legislative functions, and the Governor and the Council were empowered to call an Assembly of the free- holders and the planters. After the first Assembly was sum- moned all laws were to be passed by the Governor, the Council and the Assembly, a power of disallowance being reserved to the Crown. The Governor was authorized by and with the consent of the Council to constitute Courts of Justice "for the hearing and determining of all causes as well criminal as civil according to law and eipiity," and full power was given to appoint judges, commissioners, justices of the peace, sheriffs, and other officers and ministers for the administration of justice'''. The Governor had also the right of pardoning criminals and presenting to benefices: of levying forces for the defence of the island and of erecting castles and forts: of disbursing public money for the support of the govern- ment and of granting Crown lands. The first Assembly met in 1773 and consisted of IS members. In 1839 the Executive Council was separated from the Legislative Council, and in 1802 an Act was passed makuig the Legislative Council elective. In 1S47 the Assembly adopted an address to the Crown, ri>])rcsenting that the Lieutenant-Governor alone should be responsible to the Crown and Imperial Parliament for his 1 Can. Ress. rnpcrs, 1S83, No. 70. - 11.. p. i. rmXCE EDWARDS ISLAND. 33 the 1770 alter ecutc ssion, c(\ by I both r and L' frec- s smn- >ouncil ?servecl (1 with Justice riminal ver was L> peace, stratioii rdoniiig rci's for (I forts: goveru- \i\ of IS [rdin the makhig Crown, lionkl be for his acts and that the Executive Council should be doomed the constitutional advisers of Her Majesty's representative. Earl Grey in a despatch to the Lieutenant-Governor in January 1849 pointed out, that the introduction of responsible government in a colony depended on the increase of the coni- immity in wealth, numbers and importance, and expressed the view that the conditions which would warrant tho in- troduction of responsible government into Prince Edward's Island wore wanting. In a suKsequent despatch Earl Grey intimated that if the other expenses of government were defrayed by the Island the home Government would provide the salary of the Governor. The Assembly offered to accept the suggestion provided the Crown surrendered all claim to the quit rents and Crown land;, and conceded responsible government. The latter condition Earl Grey refused to grant and the Assembly thereupon adopted the expedient of refusing supplies. This course proved successful and in 1851 the concession was made. The proposal to unite all the provinces in one Confedera- Federa- tion was not received with favour in Prince Edward's Island. After the Quebec Conference public meetings were held to protest against the Island joining the Union and in the Assembly only five members were in its favour. In the following session (1866) the Assembly i'>.olved that " this House cannot admit that a federal union of the North American Provinces and Colonies which would include Prince Edward's Island could ever be accomplished on terms that woidd prove advantageous to the interests and well-being of the people of this island, separated as it is and must ever remain, from the neighbouring provinces by an immoveable barrier of ice for many months in the year." The ([uestion continued to be discussed in the following years, and at length in 1873 the Executive Council adopted a minute that, if liberal terms lA' union were otfered, the Government would dissolve the As- M. 3 G ; t ( t 1 1- Ml i- (ii; "y^mff M-Biiii*"* i« II ! > ) I > Condi- tions of the Union. 34 CONSTITUTIONAL HISTORY OF THE PROVINCES. sembly in order to give the people an opportunity of deciding the question. Delegates were appointed to meet the Do- minion Government and certain terms and conditions were agreed to. The Assembly was dissolved but the new House passed a resolution to the effect that the terms and con- ditions proposed did not secure to the Island a sum sufficient to defray the requirements of its local government. A com- promise was ultimately arrived at, and the House unanimously resolved to present an address to Her Majesty to tuiite the island with the Dominion. The necessary Order in Council was issued on the 26th of June 1873', and the Island was declared to be a province of the Dominion from the 1st day of July of the same year. The principal terms and conditions were : — (1) That the Island not having incurred a debt equal to 50 dollars a head of its population, i.e. of 4,701,050 dollars, should receive from the Dominion interest at 5 per cent, per annum on the difference between the actual amount of its indebtedness and the above amount. (2) That as the Government of the Island held no lands from the Crown and therefore enjoyed no revenue from that source for the construction and maintenance of public Avorks, the Dominion Government should pay by yearly instalments to the Government of the Island 45,000 dollars yearly less 5 per cent, on any sum not exceeding 800,000 dollars which the Dominion might advance to the Island for the purchase of land held by large proprietors. (3) That in consideration of the transfer to Canada of the powers of taxation mentioned in the B.N.A. Act, 1867, the Dominion was to pay the Governmunt of the Island 30,000 dollars and an annual grant equal to 80 cents per head of its population as shewn by the census of 1871, such grant to increase as the population increased until it reached 400,000. (4) That the Dominion should assume the following 1 Sec Appendix, DISTRICT OF KEEWATIN. 35 ding Do- wero louse con- icieiit com- iiously be the lovincil id was Lst day jqual to dollars, er cent. nount of charges, the salaries of t^^i Lieutenant-Governor and the judges, the charges in respect of ciistonis, post-office, protection of fisheries, niilitia, lighthouses, shipwrecked crews, (juarantine, marine hospitals, the geological survey, and the penitentiary. (5) That the Dominion Government should assume the railway then being built. 7. District of Keewatin. In 1876 an act was passed by the Dominion Parliament erecting into a separate government under the name of the District of Keewatin the portion of the North West Terri- torif^s lying to the north of Manitoba. The district contains about 395,000 acres, and is principally occupied by Icelandic colonists. The Lieutenant-Governor of Manitoba is ex officio Lieu- Adminis- tenant-Governor of Keewatin. He is assisted in the adminis- tration of the district by a council of not more than ten and not less than five members appointed by the Gov(!rnor- General in Council. The Lieutenant-Governor in Council has such legislative powers as are conferred by the Governor- General in Council, and the Governor-General in Council lias the balance of legislative power, but no law can be passed either by the Governor-General in Council or by the Lieu- tenant-Governor in Council which (a) is inconsistent with any Dominion Act applying to the District, (b) imposes any tax or any duty of customs or excise or any penalty exceeding 100 dollars, (c) alters or repeals the punishment provided in any Act in force in the District, or (d) appropriates any public money, lands or property of Canada without the authority of Parliament. Copies of all laws passed by the Lieutenant-Gov(Tnor in -2 M !» F 1 1 .' M ('!; • i' Ill 1 1 1 i\\ 1 • I il- 3G CONSTITUTIONAL HISTORY OF THE PROVINX'ES. f. I i*C ^ ^i' Council rcqiuro to be trans'aittod to the Governor in Council who may disallow any law wii'un two years of its passing'. 8. The North West Territories. The North West Territories comprise all lands not within the limits of any province or of the District of Kcewatin. The area of the Territories is about 3,000,000 s((uare miles or four times as great as the area of all the provinces together. The Territories were ceded to Canada by an Order in Council dated the 24th June 1870** under the authority of the 14Gth sec;tion of the B.N. A. Act, 18G7. The southern portion of the tcrritoi'ies between Manitoba and Bi'itish Cohunbia has been formed into four provisional districts, viz. Assiniboia, SaskatchoAvan, Alberta and Athabasca. By the Dominion Act 38 Vic. c. 49 executive and legislative powers were con- ferred on a Lieutenant-Governor and a Council of five members subject to instructions given by Order in Council or by the Canadian Secretary of State. Provision was made for the election of representatives to the Council by districts having a popidation of 1000 adults, and owing to the increase in population there are now 14 elected members. When the number of elected members reaches 21, the Council is to cease and the members are to constitute a legislative As- sembly. The Acts relating to the government of the Terri- tories have been consolidated and form c. 50 of the Revised Statutes of Canada. 9. The Union of the Provinces. Steps A federal union of the British North American Colonies towards i i i n •, ■, • ,^ r^ ^ • ^ a federal '^f^-*' bt'Ci^ a lavounto scheme with many Colonial statesmen umou. jjj,|j Qjj several occasions was discussed by some of the legis- latures. ' See The Keewatin Act, 11. S. C, 1!» Vic. r. .13. -' Sue Aiipendix. THE UXTOX OF THE PROVIXCES, 37 The honour of taking a decided stcj) towards such a union belongs to the legislature of Nova Scotia. In 1861 a resolution favourable to a union was passed by that legis- lature and transmitted to the Duke of Newcastle, then Colonial Secretary, who in turn forwarded it to the Governor- General and the Lieutenant-Governors of the provinces. The Lieutenant-Governors brought the subject before their re- spective legislatures; and the legislatures of the maritime provinces passed a resolution authorizing the respective Lieutenant-Governors to appoint delegates not exceeding five to confer with delegates of the other provinces " for tlie purpose of discussing the expediency of a union of the three ])rovinces under one government and legislatvu-e." Delegates were appointed and it was arranged that the conference should meet on the 1st September at Charlottetown. Before the Conference met a coalition government was formed in the Province of Canada pledged to a imion of the pi'ovinces, and the Government at once asked for and obtained permission to send delegates to the Charlottetown Conference, who however were not authorized to consider the ques- tion of a ler/islative union. The proposal to unite the mari- time provinces was doomed impracticable, but the delegates were unanimously of opinion that a union on a wider basis was possible and the Canadian delegates proposed that with the consent of the provinces a further conference should be held at Quebec. The proposal was adopted and the Con- ference ended. The Quebec Conference met on the 10th October. Twelve delegates were present from Canada, seven from New liruns- wick, five from Nova Scotia, seven tivjiu Prince Edward's Island and two t'vom Newfoundland. The Conference sat for eighteen days and the I'esult <^f its di 'liberations was the celebrated "Seventy-two" resolutions on which the Act of Union was afterwards based. Each delegation undertook to submit the resolutions to its own Initiative of Nova Scotia. Charlotte- town Con- ference, QlK'ljCC Con- ference. } .« 1 ! > :^ h i Smmr 38 CONSTITUTIONAL HISTORY OF THE PROVINCES. '' ii government, and pledged itself to use every legitimate means to ensure the adoption of the scheme by its legislature. Canada. The Canadian legislature met in January 1865, and after a debate of a fortnight's duration the resolutions were adopted in the Council by a vote of 45 to 15. The debate in the Assembly lasted for five weeks, but the resolutions were adopted by 91 to 33. f\r ! New Bruns- wick. '»' In New Brunswick the general election of 1865 resulted in the return of an Assembly hostile to the scheme : but in the following year the Legislative Council declared for the Union. The Ministry resigned, a general election followed, and the new Assembly on the 30th June declared in favour of confederation. i' Nova Scotia. In Nova Scotia the Quebec Resolutions were brought before the Assembly in 1860 and were approved by a vote of 31 to 15. New- In Newfoundland the Governor introduced the subject in oun an . ^j^^ legislature at the oj)ening of the session in January 1860. On the 8th March the Assembly after sitting in committee for several days adopted the following resolution : " That whilst duly regardful of the momentous character of the subject and of the promise to his Excellency to give it attention, yet, as no information has been received demanding its immediate reconsideration, the House does not deem it expedient to enter upon its discussion with a view to any decision thereon." I cl Jl ef rrincc In Priucc Edward's Island the scheme was not received Island. ^ ^^^^ favour and several years elapsed after the Union was accomplished before the Island joined the Dominion. THE UNION OV THE PROVINCES. 31) ii A sufficient number of provinces, viz. Canada, New Bruns- wick and Nova Scotia, had by 18GG declared for union and in that year delegates were appointed to settle the details and to determine the precise character of the Imperial Act neces- sary to carry the union into effect. The delegates met in London in December 1866, under the presidency of Hon. John A. Macdonald, and on the 7th February 1867 Lord Union Carnarvon introduced the Bill "for the Union of Canada, Nova ^^^^■^° Scotia and New Brunswick and the government thereof: and for purposes connected therewith." The measure received the suppoit of all parties and was read a third time in the House of Lords on the 26th of February. On the 8th March it passed through the House of Conunons and on the 29th of that month received the Royal assent. The Act authorized Her Majesty in Council to declare by proclamation that on and after a certain day the provinces of Canada, Nova Scotia and New Brunswick should form one Dominion vmder the name of Canada. The necessary pro- clamation was issued on the 22nd of May and the 1st of July was fixed as the day from which the Union should take effect. II (.1 n,i„ II ! ^ 1 '/ ■ ! I CHAPTER III. •> Im . I I I ff ? fc i3 The Sources of the Law and Custom of the Constitution. The legal rules and con.stitntional customs that form the "Constitutional Law and Custom" of Canada are derived from seven sources: — (1) Imperial Acts, (2) Dominion Acts, (8) Provincial Acts, (4) Orders in Council issued under Im- perial, I^oniinion or Provincial authority, (5) Orders and rules of the Dominion Parliament and of Provincial Legislatures, (6) Usages, and (7) The Letters Patent, Commission and Instructions issued to the Governor-General. 1. Imperial Acts. Thoi^rh the Union Act of 18G7 con- tains the general scheme of the Constitution it has been supplemented by several subsequent and important statutes. The 34 & 35 Vic. (i) c. 28 conferred on the Dominion power to establish new provinces and to provide for the government of any territory not within the limits of a province. The 3S & 39 Vic. (i) c. 38 repealed the 18th section of the Act of 18G7 relating to the jirivileges of the Dominion Parliament and more clearly defined the powers of the legis- lature to determine its own privileges, and the 49 & 50 Vic. (i) c. 35 authorized the Canadian Parliament to niake pro- vision for the roproscntatiou of new provinces in the Senate and House of Commons. [tion of Iniinioii logis- |50 Vic. CO pvo- iSunato SOUllCKS OF THli CONSTITUTION. 41 2. Domviion Acts. Miuiy important .statutos have boon jiasscd by tlio I'arlianiont of Canada ivhiting to its constitution, lunnediatoly after the Union Act of 18G7 canio into force a scries of statutes had to be pa.ssed for the organization of the different departments of State. As regards the Logishiture it was not until 1885 that a general election law' was carried regulating the election of members of the House of Commons, and several subsequent statutes have been passed on the same subject. By the 38 Vic. c. 11 a Supreme Court was establisliod for the ]3ominion, and on the admission of Rupert's Land and the North West Territories, Acts were ])assod foi'uiing the new province of Manitoba (33 Vice. 8) and jirovidingforthe govern- ment of the North West Territories'^ Theso as well as other Acts will be found in the recently issued edition of the Con- solidated Statutes of Canada. 3. Provincial Acts. The main features of the constitu- tions of Ontario and Quebec are contained in the Union Act of 18G7, but as regards the other provinces, though that Act governs the division of legislative power and contains certain general jn'ovisions relating to all the })rovinces, recourse must be had to the respective Provincial Acts for the details i>f the Provincial Constitutions. It is from these Acts that the functions of the different provincial de])artments of State, the ([ualitications of members of, and electors to, the legislative Assemblies, and the organization of the Provincial Judicature are to be learned. The custom that prevails in all the provinces, except in Prince Edward's Island, of revising the Statutes at intervals, and consolidating the law on one subject in one statute, makes the })rovincial statute book very accessible to students. 4. Orders in Council. The most important Oi'ders in Council relating to Canada that have been issued under Im- perial Statute are those admitting the North West Terri- 1 4'.) Vic. c. 3. 2 32 it 33 Vic. c. 3. li . h\ m i tu l\ f. '■ U/)> 42 TIIK SOURCKS OF THK LAW ANM) torics*, British Colunibiii', iiiid I'lincc Edward'H Island" into tho D<)iiiiiiii»n. Suvcml OrdcrH in Council havo be(!n issuod diHallowiiig Acts of the Dominion Parliamont. Orders in Council are often issued under the authority of Statute by the (Juvernor and Privy (Council of Canada. The Lieutenant-Ciovernor of the North West Territories for in- stance carries on the government and administration of these Territories partly under the provision of the .Statute Law partly under Orders of the Dominion Privy Council. 5. Order's of the Dominion Parliament and Provincial Legislatures. The Dominion Parliament and the Provincial Legislatiires conduct their proceedings partly under tho authority of statutes, partly under standing and other orders, and partly under customs and usages. Each House has its own standing orders and resolutions, based mainly on the practice that prevails in the English House of Commons. The written rules of the Dominion House of Commons and of the Quebec Legislative Assembly arc much more detailed than those drawn up by the other legislative bodies, but all the Legislative Assemblies agree in adopting as a standing order that "in all unprovided cases the rules, usages and forms of the House of Commons of tho United Kingdom of Great Britain and Ireland shall be followed." 6. Usages. The constitutional usages that always tend to come into existence cannot be neglected, whether the effect be to supply the absence of a necessary legal rule or to modify the administration of a law. The Hon. J. S. C. Wurtcle, Speaker of the Legislative Assembly of Quebec, has compiled a body of such usages in force in that assembly*, and Mr Burinot, in his valuable work on Parliamentary Practice, refers to many similar usages followed by the Dominion Parliament. 7. Letters Patent and Instructions relating to the office of the Governor-General. The Letters Patent constituting the » 30th June, 1870. 16th May, 1871. » 2Gth June, 1873. Manual of the Legislative Afiembly of Quebec, ^i- CUSTOM OF TIIK CONSTITUTION. 1 15 office of Gov(!rnor-Gt!neml und the IiistnictioiiH isHuod to tho CJovcnior-Gt'iuTul were revised in I.S7.S'. Hy tlu'so instru- ments ho is authorized to exereiso sciveral important execu- tive and prerogative ])ownrH vested in Her Majesty, as for instance the summoning, proroguing and dissolving parlia- ment, the pardoning of criminals and the app(»intment of jiulgcs, ministers and other oHicers. It is not usual on the appointment of the Lieutenant- Governor of a province to issue instructions to him, but such a coui'se has been occasionally adopted. * Seo Appendix, M w i lilt ■1 (. /is all a \' end "cct to tele, iled Mr ifers icnt. office the 'I I m- r^^5^s^^^a m CHAPTER IV. PuuviNciAL Legislatures. ! , 1 1. Parties to Lerjislation. In the Provinces of British Coluinbiu tmd Manitoba the legislature consists of a Lieutenant-Governor and a Legislative Assembly, whilst in Quebec, New Brunswick, Prince Edward's Island anil Nova Scotia it consists of a Lieutenant-Governor, a Legislative Council, and a Legislative Assembly. North Provision has been made by the Dominion for the govern- ritovios. * i^it^'iit of the North West Territories, but as yet, these terri- tories have not been formed into a province. The Lieutenant- Governor in Coinicil may make oi'dinances within certain limits for the government of the Territories. rrovibioiiK of the Union Act. Instruc- tioHH. 2. Holo summoned. It is remarkabli! that the British North America Act, 18G'J, contains no general provision relating to the sunmioning of the local legislatures. By section 81 power is given to the Lieutenant-Governors of Ontario and of Quebec to summon in the Queen's name by instrument under the Great Seal of th" Trovince the Legislative Assemblie> ^f these provinces, but no reference is made to the otlu'r provinces. Up to 187S the Instructions given to the Governor-CJeiieral contained a clause referring to the Lieutenant-Goveniois, and authorizhig them to f.'xercise from time to time all powi'rs necessary in res])ect of the assembling, ])rorogning and dissolving of Legislat iv(.' I ^':\\ PRO VINCI A L LEOISLATUUES. 45 ft am the Councils or the Legislative or General Assemblies of the provinces resjicctively. This clause was omitted in the revised instructions of 1878 in deference to the contention of the Dominion that the Lieutenant-Governor of the provinces other thi.n those ex- nressly referred to in the Union Act had implied powers for the above purposes. "Any powers," said Mr Blake, the Dominion Minister of Contm- tion Justice, " which mav be thought necessarv should have been of the " " 11 ■ ■ conferred upon the Lieutenant-Governor by the British North America Act, and it appears to me they must be taken to be expressly or impliedly so conferred. The provision giving these povv'ers to the Lieutenant-Governor by the Governor- General's Commission appears somewhat objectionable, and it might perhaps be advisable to leave these matters to bt; dealt with by those officers under the B. N. A. Act. the 82n(l section of which in terms confers on the Lieutenant-Governor of the new provinces of Ontario and Quebec the power in the Queen's name to summon the local bodies, a power which no doubt wa.s assumed to be continued to the Governors of the other provinces'." The provincial legislatures arc stimmoned by the Lieu- Fmin of tenant-Governor, in some provinces, as tor instance n. I'ntish Columbia in his own name, and in other proviner- i; tht; name of the Queen. The following form is the one in use ill Quebec . Canada Province of Quebec L. S. Victoria hij the Grace of God of the United Kingdom of Great Britain and Ireland, Qiieei,, Defender of the Faith, &c. &c. To our beloved and faithful the Legislature Councillors of \ho. Province of Quebec and the Members elected to sei've in ' Can. Suss. l\iim; 1S77, No. V\, p. 7. L. R. Masson !| fir 5 •■^:^ »j ■■- '"W amX^rTSSElfSSmmmSm 4G PROVINCIAL LEGISLATURES. I' il the Legislative Assembly o P our said province and summoned and called to a meeting of tl e Legislature of our said province at our City of Quebec on the 15th day of the month of March instant to have been commenced and held, and to every of you Greeting : A Proclamation. Whereas the meeting of the Legislature of the Province of Quebec stands prorogued to the 15th day of the month of March instant. Nevertheless for certain causes and considera- tions We have thought fit to prorogue the same to the eighth day of the month of April next so that neither you nor any of you on the said fifteenth day of March instant at our city of Quebec to appear are to be held and constrained for We do will that you and each of you and t A dissohui'in of the Provincial Asscmba takes place cither lO.R.S. 1S87, c. ll,s. 3. Q. ii& 45 Vic. c. 7. H. 2. - iSfc unt'', j>. 4.J. B. C. SlVic.c. «!, DISSOLUTION. 51 lorein l\ licr by act of the Crown or by lapse of time : the domiso of tlie Crown having no snch effect. The Lieutenant-Governor as representing the Crown may dissolve the Legislature in person or by proclamation, the latter being the usual course. The form of proclamation used in Quebec in 1882 was as Form of follows: tion. Canada Province of Quebec L. S. Theodore Roiutatlt.e Victoria l)>/ the Grace of God of the United Kinrjdom of Great Britain and Ireland, Queen, &c. &c. To our beloved and faithful th(! Legislative Councillors of the Province of Quebec and the citizens and burgesses elected to serve in the Li'gislative Assembly of our said Province and to all whom it may concern Greeting A Proclamation Whereas it has pleased us ^y our proclamation dated the 11th of October last to convoke the Legislature of our Pro- vince of Quebec for the fifteenth day of the month of_November instant and whereas We have thought fit by and with the advice and consent of our Executive Council of our Province of Quebec to dissolve the Legislative Assembly of oui- said Province Now know ye that by this our royal proolamation We dissolve the said Legislative Assembly: Accordingly We exempt the Legislative Councillors and the citizens and burgesses of the Legislative Assembly of the obligation of meeting and attendance on the said fifteenth day of Novembei- instaJit. In testimony whereof &e. A Provincial Ass(^ndjly lasts for four years except in the Lajisc of Province of Quebec, where it lasts* lor five years subject to the '"'"^' 4—2 I i^: i[i ' 1 :i 1 til rjT^^ m 52 rilOVlNCIAL LIXaSLATURES. h u ni\ right of tho Liontonant-Govornor to dissolve it at any timo. Ill Quebec, New Brunswick, British Cohunbia, Manitoba, and Prince Edward's Island the period begins to run from the day of the return of the writs : but in Ontario the period begins to run from the 55th day, and in Nova .Scotia from the expiration of the 40th day after the date of the issue of the writs for holding the election*. In the North West Territories the elected members hold their scats for two years*. 6. Aiinual Sessio)is. In England there is no statutory axithority requiring Par- liament to meet every year. The 16 Car. IT,, c. 1'' required Parliament not to be intermitted above three years at the most, and the 6 Will. & Mary, e. 2 provided that writs should issue for a new Parliament within three years after the deter- mination of every Parliament. The necessity of passing the annual Army Bill and the Appropriation Act secures in practice annual sessions. 1(1' Provision The British North America Act, 1807*, expressly pro- Sessions! vides, that there shall be a session of the Legislature once at least in every year, so that 12 months shall not intervene between the last sitting of the Legislature in each Province in one session and its first sitting in the next session. This rule is also found in Provincial Acts'. J!l Hi I Enacting Clause. 7. Enacting Clause. The enacting clause of a statute varies in the dififerent provinces. In Ontario, Quebec, Manitoba, and British Co- 1 0. R. S. 1887, c. 11, s. 1. Q. 41 & 4.5 Vie. c. 7. N. B. Con. Stat. 1877, c. 4, s. 80. N. S. Rev. Stat. j884, c. 3, s. 10. B. C. Con. Stat. 1877, c 42, s. 44. 33 Vic. c. 3. P. E. I. 19 Vic. c. 21, s. 86. » R. S. C. a. 2,5. 3 Eepealed by the .50 & 51 Vic. (i) c. 59. * s. 86. 6 0. R. S. 1887, c. 12, s. 86. 33 Vic. c. 3. B. C. Con. Stat. 1877, c. 42, H 45, PAYMKNT OF MKMBEHS. 53 )ld I'rent Co- 11877, Ic 42, 42. luiiibia a statute professes to be enacted by " Her Majesty by and witli the advice of the Legislature." In Nova Scotia, New Brunswick, and Prince Edward's I Island the form is by the "Lieutenant-tlovernor, the Council and Assembly." In the North West Territories ordinances are enacted by the "Lieutenant-Governor by and with the advice and consent of his Council'." 8. Payment of Members. Members of the Legislatures of evi'ry province except Nova Scotia receive an allowance or indemnity in addition to a payment for travelling expenses. In Ontario, if the session does not exceed tSO days, the allowance is $G for each day on which the member attends : if the session extends beyond 30 tlays then the member re- ceives such sum as the Assembly may vote. In Quebec and British Columbia the allowance for a session not exceeding 30 days is $6 a day, and for a session exceeding 30 days a sessional allowance of l|000 in Quebec and |400 in British Columbia. In Manitoba and New Brunswick the plan of a sessional allowance has also been adopted ; the former allows i{^400 and the latter $800 per session. A deduction is made from the sessional allowance for each day a member is absent. Such deduction amounts to $4 in Ontario, $G in Quebec and British Columbia, and S8 in Manitoba. In New Brunswick the deduction in pro rata. No deduction however is made on account of absence due to illness, provided the member is at the place where the Legislature meets in the Provinct'S of Quebec and New Brunswick or within a certain distanci' of the place (if meet- ing in the Provinces of Ontario, British Columbia (10 miles) and Manitoba (3 miles). ' See Todd's Pari. Gov. p. 330, where it is suggested that all proviucial laws should be uiiactod in the name of th<' sovereign. Payment of Mem- bers. Sum allowed. Sessional allowance. Non- allowance. Illness. ! 1^ ia I: I u^^^SB^ m I, 54 I'UOVINCIAL I.K(;lSLA riTHKS. AUowanrn for 1)111 1 of a session. TnivclliiiK expanses. Whon a nicmbor serves for part of a session only and is not entitled to a sessional allowance he is usnally paid $4 di' .ff) a day dining the time he is actually a member. i\\ i'riiicc^ Edward's Island payment de])en(ls on an annual vote. Each mendu'i' receives i|l()0 and an allowance of $12 for stationery and postage together with his travelling ex- penses. The usual allowance for travelling expenses is 10 cents per mile, but in British Columbia it is 25 cents. The mile- age allowed is the distance measured along the nearest mail route as certified by the Speaker between the place of resi- dence of the member and the place where the Legislature meets. ""I I / < How jmyiucnt id uuuU'. In some provinces a member may draw his allowance up to |4 a day from time to time, but the usual time for pay- ment is at the end of the session, when the members file with the Clerk declarations of the number of days they have attended and the sums to which they are entitled for mileage'. 1 0. R. S. 1887, c. 11, 83. G2— 70. Q. 49 & 50 Vic. c. i)?, ss. 70—74 ; N. B. 42 Vic. c. ?. Man. Con. Stat. c. 4, sa. 8—22. B. C. Con. Stat. 1877, 0. 42, ss. G3~G8. Wi' l« i\ CHAPTER V. The Provin'cial Assemhlies. 1. Qualifications of Elixtors. The qualifications reqiiirod of electors to the Assemblies Electors, vary very considerably in the different })rovin('(,-s. All agree in recjiiiring electors to be 1. Males, 2. Of the age of 21 years, 3. And not under any special legal disijualification. British Columbia is the only province that does not exact a property qualificutioji of some kind : Ontario is the only province that accepts an income or wages (jualification. The following is a brief summary of the (jualifications in each pro\'incc. Ontario, Ontario. The qualifications of electors arc governed by c. 9 of the Revised Statutes of 1S. .v 'V A >^ '^i 'f Photographic Sciences Corporation «• '^.^ ^ <> "^^ .A ^ <«► o^ % V* 1 A\ I ) i] » .1 Land* holdcrrt' Bons. 56 TFIK PllOVINriAI, ASSEMmJES. (6) and residing at the time of the election in the electoral district for which they vote, (c) and who have resided there continuously since the completion of the previous assessment roll. Income. 3. Persons assessed at an annual income of $250 and (a) residing in the electoral district, and (6) who have resided th'.re continuously since the last revision. Wages. 4. Every person entered on the assessment roll as hav'ng earned in any trade or occujuition during the previous 12 n)onths not less than ^250 and residing in the electoral dif uV 5. A landholder's son, stepson, grandson or son-in- aw w' has resided in his fivther's house for 12 months prior , t"'" making up of the jvssessment roll and who is resitlc'.u •. ithin the electoral district. Absence for any period not exceeding six months in the year is not to disijualify, and the time spent at any institution of learning within the Province of Ontario, or as a n)ariner or as a fisherman in the prosecution of his calling, is reckoned as spent in the father's house. Indians. 6. (a) Where there is a voters' list all Indians or persons with part Indian blood who have been duly enfranchised ', and all Indians or perssons with part Indian blood who do not reside among Indians though participating in the annuities, moneys, or rents of a tribe are entitled to be registered as voters subject to the same provisions as other persons in the electoral district. (6) Whore there are no voters' lists, Indians or personfl with part Indian blood are entitled to vote only (i) if they have been duly enfranchised, or (ii) if not being duly enfran- chised thoy do not participate in the annuities, interest, moneys or rents of a tribe or body of Indians and do not > An cnfrancliiscd Indian nicanR an Indian wlio has by letters patent received a nrM\t in fee simple of a portion of a reserve, see 43 Vic. c. 28, ■10 Vic. c G. sons bhcy fitent b. 28, I QUALIFIOATION.S OF ELKCTOUS. 57 R'sidu amongst Indians, and if in mldition in either case they possess one of the usual qualifications. In thoRO districts where there is no assessment roll a Wliero no aHBCBsnicnt person m order to vote must roll. (a) be resident and domiciled in the district in which he claims to vote, (6) own real estate in such district of the value of $200, (c) be a resident householder in such district at the time of election and, {(l) have been such owner and householder for the six months preceding the election. Quebec. The qualifications arc governed by the 38 Vic. c. 7, ss. Quebec. 7 — 9. Voters must be, 1. Owners or occupants of real estate of the value of Proiierty. $300 in any city municipality entitled to return one or more members, and of the value of $2^" in any other municipality, or 2. Tenants of real estate paying an annual rent of $3U Occupa- in any city municipality entitled to return one or more members, and of $20 in any other municipality, such real estate being of the values of $300 and $200 respectively. Nova Scotia. The (jualifications of electors depend on the 4.S \'ie. c. 2 '. Nova The following persons are entitled to vote. 1. Persons assessed in respect of real property of Property, the value of $150 or of real and personal property of the value of $300. 2. Persons possessed at the previous assessment of real property or of real and personal property of the above > Sue also N. S. Rev. Stat. 1884, c. 4, s. 14. Iv •u I I w ^ , .( 58 THE PROVINCIAL ASSKMULIES Tonaucy. Sons. Sons of willows. amounts and who have been specially exempted from tax- ation. 3. Tenants at the time of the previous assessment of real property of the value of ^150 where the assessment was levied on the owner thereof, or persons the assessment value of whose personal property combined with that of the real property occupied by him as tenant is of the value of ^300. 4. Sons of persons qualified as above, provided that (a) such persons are possessed of sufficient property to qualify more than one voter, and that (6) the son has resided in the residence of his father or on the property owned by his father within the district for at least one year prior to the previous assessment. 5. Sons of a widow, provided such widow at the time of the last assessment shall have been in possession of property sufficient to give a vote and such son has fulfilled the con- dit o).s of residence just mentioned. In cases 4 and 5, the elder son is preferred to the younger if the property is not sufficient to qualify both. Occasional absences from home are not to disqualify sons provided they do not exceed four months in the year. 1,!'! i :. i New Bruns- wick. Property. Income. New Brunswick. The qualifications of electors are regulated by the Consol. Stat. 1877, c. 4, which requires as a qualification to vote 1. Assessment for the year, for which the registry is made up, in respect of real estate of the value of $100, or of personal property or of real and personal property together of the value of $400, or 2. Assessment for such year at an annual income of $400. In those districts in which there is no assessment, pos- session of the qualification is sufficient. QUALIFICATIONS OF KLKOTORS. 59 IS or Prince Edward's Island. The Election Law of 1878 (41 Vic. c, 14) as amended by '''iiir.? subsetpient Acts was repealed by the 42 Vic. c. 2, reviving the /«Mhry Eloctod. person who sits in the Assembly, Not only must a member fulfil fi.xed conditions before ho takes his seat, but he is liable to lose it under certain circunistances. All the provinces agree in re(iuiring a member of the Assembly to be (1) a British subject by birth or naturalisjxtion, (2) a male of the age of 21 years. Some of the provinces impose additional (jualifications. Manitoba and British Columbia retjuire members to be Voter. voters in the province, whilst Nova Scotia retjuires a member either to bo a voter or to possess a freehold or etpiitable estate of the clear yearly value of 88. British Columbia requires a member to have been a resident within the province for one year preceding his election. New Brunswick refjuires a member to be legally seised Property, or possessed for hi^ own use of freehold or leasehold lands in the Province of the value of ^1200 over and above all incumbrances. In Prince Edward's Island the property qualification is fixed at £50, and an oath that he is possessed of such property must be taken by every candidate. The property qualification in Quebec was abolished by the 45 Vic. c. 7. In the North West Territories every elector is qualified to be elected to the Council". The following persons are as a rule discpialified in all the provinces from sitting in the Legislative Assembly. > The following statutes may be referred to on the above qualifications : O. R. S. 1887, c. 9; Q. .S8 Vic. c. 7, s. 124; N. S. Rev. Stat. 1884, o. .S, s. 3; N. B. 45 Vic. c. 21 ; Man. Consol. Stat. c. 3, s. 113; B. C. Consol. Stat. 1877, c. 66, 8. S; P. E. I. 19 Vic. c. 21, s. 12; N. W. T., R. 8. C, 1886, o. 50, a. 21. I !l 1 a i ; I \ . . I Ij j li i im G2 THE PROVINCIAL ASSEMBLIES .\ ) <> 1 V if ] ' Ml Sf Per Hu lis diH- (Itialitiud. 1. Members of the Senate and House of Commons of Canada, 2. Members of the Legislative Council. 3. Persons holding provincial offices on the nomination of the Crown to which any salary or emolument is attached. Members of the Executive Council are exempted from this rule provided they are elected whilst holding office. 4. Persons holding a federal office of emolument under the Crown, except 1. Officers in the Army, Navy, or Militia, not re- ceiving permanent sjvlary on the staff" of the Militia. 2. Postmasters whose yearly salary is not over ^100 in Quebec. 3. Justices of the Peace in Ontario and Manitoba. 4. Notaries Public in Ontario. 5. Coroners in Manitoba. 6. The Chairman of Board of Works in Prince Edward's Island. 7. Justices of Lunatic Asylums, except two in Prince Edward's Lsland. 8. Teachers of district Schools in Prince Edward's Island. 6. Contractors with the Province or contractors ^vith respect to any public service under which the money of the Province is to be paid. 6. Members of the Legislative Council or Assembly usually vacate their seats on becoming bankrupt or insolvent. 7. Persons found guilty of corrupt practices are dis- qualified from sitting in the Assembly for 8 years in Ontario, for 7 years in British Columbia and for 6 years in New Brunswick. In addition to the above persons, each province disqualifies certain other officials too numerous to mention '. 1 See on disqualifications, 0. K. S. 1887, c. 11, sb. 6-14. Q. 49 & 50 Vic. c. «7. N. S., li. S. 1884, c. 3, s. 11 ; 49 Vic. c. 6. P. E. L 25 Vic. c. 18, L-As»-, »- , i^WWW9 " ^ "" '^ *^W *1 DISTRIBUTION OF SEATS. fiS U8- Irio, few ies 50 118, 3. Distribution of Seats. Ontario. The British North Aincricn Act 1SG7' fixiMl Ontario, the number of electoral (livi.sioiis at H2, each retuniiiif.f oiu; in((inber. In I(S7l the Ontario legislature re-arranged the constituencies and increased the Assembly from 82 to 89 members*, and in 1885 the number was increased to 90. One member is returned by each electoral district". Quebec. The Legislative Assembly consists of 6;' members* gu.boc. elected by 65 electoral colleges, each returning one member. An electoral college is forint'd of an electonil district except in three instances \vh(;re it is formed of two district.s. At the time of the Union certain districts in Quebec were inhabited by a large Protestant population, and in ordiT to safeguard the re])resentati(jn of these districts it was provided *, that the limits of such districts should only be altered if the 2nd and 8rd readings of the Bill were passetl in the Assembly with the concurrence of the majority of the members representing those districts. Nova Scotia. The province is divided into 18 electoral counties, two returning 3 members each and the remainder 2 members each®. New Brunswick. The province is divided into 15 counties and one city. Five counties return 4 members each, one county 3 members, seven counties 2 members each, two counties 1 member each. The city of 8t John's returns 2 members'. Prince Edward's Island. The province is divided into i'. E. I. 15 electoral districts each returning 2 members'*. 39 Vic. c. 3, 42 Vic. c. 13. N. B. lo Vic. c. 21. Mau. Consol. Stat. c. 5. B. C. 40 Vic. 0. 42, ss. 10—24, 40 Vic. c. 6C, ss. 5, 6. » 8. 70. 3 O. 38 Vict. c. 2, 8. 1. » 0. 48 Vic. c. 2, 8. 7, and see O. R. S. 1887, c. 11, b. 1. ♦ B. N. A. Act, 8. 80; Q. 49 & 50 Vic. s. 127. « B. N. A. Act, 1867, 8. 80. « N. S., R. S. 1884, c. 3, s. 2. " N. B. Cor.Bol. Stat. 1877, c. 4, s. 79. 8 P. E. I., Rev. Stilt. 1856, co. 21, 24. Nova Scotia. New Bruns- wick. ■t . 64 THE rUOVINCIAL ASSKMHMIX r ' 1*^ Manitoba^ liritixh ('oluinl)ia. N. W. Tor. ritorit's. Notice of election. Nomina- tion. Manitoba. Here thoro arc 31 oluctoriil districts each returning oiio nionibcr '. Jintish Columbia. ThiH province is divided into 13 electoriil districtH, five returning one member each ; fivo returning 2 memberH each ; two retiirning 3 members each and one returning 4 members'. By the 48 Vic. c. 3, pro- vision has been made for slightly altering the above arrange- ment after the next dissolution. North West Territones. Members of the Council arc elected by electoral districts not exceeding 1000 si|uaro miles in extent and containing a population of not less than 1000 inhabitants of adult age. Rich district returns one member. The districts are constituted by the Lieutenant- Governor by proclamation *. 4. Method of Election. The methods adopted for returning members to the Provincial Assemblies, though varying to some extent in the different provinces, possess some important features in common. The returning officer, on receipt of the writ or other authority reijuiring him to hold an election, gives public notice, that on a certain day he will hold a court, or attend at a certain place, to receive the nomination of candi- dates, and that in case a poll be demanded, it will be taken on a named day. Candidates are, except in Ontario and Prince Edward's Island, nominated in writing. The nomination paper must be signed by 25 electors in Quebec ; by 2 electors in Nova Scotia; by 12 electors in Manitoba; by 5 electors in British Columbia ; and by one or more in New Brunswick. > Man. Consol. Stat. c. 5, b. 2. M. 44 Vic. o. 12, 8. 1. 1 B. C. ConBtitution Act, 1871, Sched. A ; B. C. 42 Vic. c. 19. » B. S. C. 0. 50, B. 18. KLKCTfON OF MKMIIKIIM. 05 .rd's lust [ova Itish In Manitoba and Qnt'bcc; thr noniinalion paper must be accompanied by (ho written consent of the person nonii- Hpooirtl rciiuirc- luontH, nated unless at the time he is absent fi om the 1 )rovnico Ii VlltcS lUU (,'iven. [(Ml unless ai ine iime ne Manitoba an aHidavit also is reipiirod to the ofl'oct that the 12 nominators are electors, and that the candidate si^nie(l his written consent and the nominators signed the nomination paper, in the j)resencc of the person swearing thi- affidavit. In Ontario, Quebec, Nova Scotia, New Bnmswick and How liritish Cohunbia, the vote is taken by ballot. In ^blnitoba and Prince Hdward's Island votes are re- corded by a jtoll clerk in a pull book. Jn Ontario and Quebec the [mil remains open from !) a.m. llonrsof to .') p.m.: in Nova Se<»tia from iS a.m. to .'> ]).m.: in New IJnmswick and liritish Cohunbia from fS a.m. to •!■ p.m.: in .Manitoba it is to open between (S and !> a.m. aneaker of the House of C^^nlmons. These rules' have practically been adopted by all the Provincial A.ssemblies\ Power is given to the Speaker to call on any member to take the chair during a temporary absence, and if the Speaker be not present on any day the Assembly elects a member as Speaker for the day. i ii, 1^ ih : V) if 7. Privileges. The British North America Act 1867, did not expressly confer any privileges on the Provincial Legislatures, nor did it in express terms enable such Legislatures to define their privileges. 1 O. R. S. 1887, c. 11, B. 15. « B. N. A. A. 8. S7. O. R. S. 188?, c. 11, s. T^fi. Man. 41 Vic, c. 12, b. 4. B. C. Con. Stat. 1877, c. 42, s. 3i». » Sec post, c. 12. « See O. R. S. 1887, o. 11, ss. 29—30 ; Q. 4» & 50 Vic, c. 97, s. 7 ; N. B. C. S. c (5. C. a. Man., p. 5, s. 4. B. C. Con. Stat. 1877, c. 42, ss. 3.B, 35. wm Hi .4. B. l'HIVII,K(ii:s. ()7 In the scHsion of I.SdH — !l tho Ontario LfLMslatnic pas-M-tl '^"' |HIHHI'd an Act CKnt'trrin^ on the FiC^islativc Asscniblv llu' sinn- ilitininR ... . , , , IV • . ' ,1 ,, priviU'RCi. privilcgcH as were enjoyed hy the J)oinnuon House o| (yonnnoiiH. The validity of the Act as doubted, and the Dominion Minister of Justice referred the (piestion to the law officers of the Crown in En^dand, who held that it was ultra vires '. Similar Acts were passed hy Quehv'o in 1.S70, by British Columbia in 1H71, and by Ontario in lH7(i. All these were allowed to conu' into force, on the ^roiuid that aiiynneatrectctj by them co\ihl ti'st their legality in n coiu't of law. Amongst the powers conferred by the Quebec Act i^f E.r pitrtc 1870 are a number of powers regarding . •■ summoning, of^,,,.,.,,,,, witnesses and the jnuiishmt nt of jtersons disob ing such suUiiiiui.,-.. The validity of tl.eso sections wn nused in h\ parte DaiLiereau", and the ajtpeal side of the Quebec Court of Qiu'en's Bench held that tlu' power of summoning witnesso: was nece.ssjvrily incident to the ])owers of the Provincial Legislatures, and that a Provincial Legislature had "a right to exercise such powers and privileges as are mere incidents of the powers specifically vested in them and without which they could not properly cxerci.se the duties devolving upon them \" A somewhat similar j)oint was raised in Landers v. LnmhTi v. Wuodworth* with respect to the right of the Nova Scotia ^.y'^'^V A.ssenibly to remove one of its mend>ers for contemjtt. The Supreme Court of the Dominion held that thi' Legislative As.sembly of Nova Scotia had in the absence of express legislation on the subject, no power to remove one of its members for contempt, unless he was actually engaged in obstructing the b isiness of the House, but that the removal of a member for not making an apology recpiired by the » Can. Sess. Papers 1877, No. 80, p. 202. - 19 L. C. JuriHt 210: 2 Cart. 1(15. * i^r Dorion C. J. ■• 2 Can. S. C. U. l.'iH; 2 Cart. 220. 0—2 I I tl ;' Ki w 68 THE PROVINCIAL ASSEMBLIES. ,1 lii J il '■• V I. ' ' it h ' House was not within the legal powers of the Assembly in the absence of express legislation. " The Honse of Assembly of Nova Scotia has no power to punish for any offence not an innnediate obstruction to the due course of its proceedings and the proper exerciser of its functions, such power not being an essential attribute, not essentially necessary for the exercise of its functions by a local legis- lature, and not belonging to it as a necessary or legal incident : and that without prescrijilion or statute, local legislatures have not the privileges which belong to the House of Conunons of Great Britain by the lej' et cousuetudo Parliamenti." It may therefore be taken as establislu'd : — (1) That a Provincial Legislature has, apart from pro- vincial legislation, those im])lied powers and privileges which are abs()lut 0. R. S., c. 11, 88. 37—55. = 19 & 50 Vic. c. 97, s. 10—50. •I Con. Stat. ISSO, c. 5, ss. 36—41. i I • k PHI VI LEU ES. 00 of he a 1)0 an ider the the tial the the uid ith Inrc lish -5(5. Columbia ', and Nova Scotia*. No Act on the subject, ex- cept one relating to the attendance of witnesses^, has been passed in New Brunswick. Freedom of speech. The privilege of freedom of speech is defined in the Quebec Act as follows — "No legislative councillor or member of the Legislative Assembly shall be liable to any action, arrest, or imjirison- ment, or damages, by reason of any matter or thing brought by him by petition, bill, resolution, motion or otherwise before the House or by reason of anything said by him before such House." The Ontario Act contains a similar provision ; whilst the British Columbia Act sim})ly sta.tes that " no action at law or other proceeding shall be brought against any member of the Assembly for any words spoken by him in the Assembly." Freedom from arrest. Freedom from arrest is restricted as in England to the members personally in civil matters. Tin; duration of the ])rivilege varies in the diftcrent provinces. In Ontario and Quebec it begins 20 days before the session opens and continues until 20 days after the session ends. In British Columbia the corresponding number of days is 40. In Manit< iba " 'ire is restricted to the session. ""J" Freedom uf spuoch. Freedom from arrest. pri pn ■ge not extend to oftences specified in the Acts and commit te(l by members, as for examjjle taking bribes rivik'ges usually ii-gulatc this power and confer on the Sjjeaker the power of issuing a warrant to compel attendance. Piiblicatiun uf inipers, &c. Special provision regai'ding the puhlication owers the judge to stay all jtroceedings''. ViuiishiiKj for breach of privileije. The Ontario, Mani- toba and Nova Scotia Acts envuuerate a number of utlences wliich if committed an- regarded as a breach of privilege, such as : — Assaulting, molesting, or libelling any member of the Legislature during the session or 20 d; ys before or after the session. Obstructing, threatening, or attem}»ting to force or in- timidate any member. Bribing or attempting to bribe any member, as well as the acceptance of any bribe. Assjiulting or interfering with any otticer of the House in the jjerformance of his duty. Suborning or tampering with any witness in regaril to evidence to be given by him before the House or any Coni- mit*^'3e. Presenting to the House or any Committee any Ibrged or falsified document with intent to deceive the House or Conunittee. Forging, falsifying or unlawfully altering any of the records of the House. 1 See ante, p. 07. - O. IS. fcj. 1887, c. 11, s. 52. II KSK; NATION OK M KM I '.Kits. 71 Persons ^niilty nf iiifrinffiiitf uiiy of thu privik-grs of the HoiisL' are liable to be iinprisoiied for such time during the session then bi-ing held as the Assembly may determine. 8. Resignation of Memhers. A member may resign his seat in either of the following ways : 1. By giving notice to that efiect in his place in any })rovince except Nova Scotia, New Brunswick and Prince Edward's Islantl. 2. Hy giving writt(m notice to the Speaker. If thi're be no Speaker, in Prince Edward's Island the notice nuist be given to the Lieutenant-Governor: iu the other provinces to any two members. In Ontario and British Columbia the notice must be under seal, and in all the provinces except Nova Scotia, New Brunswick, and Prince Edward's Island, the signature must be attested by two witnesses. In the last-mentioned province it must be certified by a notary public. A member may resign after a general electi(Mi, and before taking his seat, but such resignation is not to atieet his right to contest the election. A resignation may be either during the session or during the recess. The Si)eaker may resign by giving notice from his place in the Assembly, or if tlu' House be not in session by giving notice to any two members *. ' 0. R. S. 1887, c. 11, s. 2.-.. Q. 19 & 50 Vic, c. !17, ss. 'iM-S?. N. H. IJ. S. 1881, c. 3. N. 15. Con. Stiit. 1877, c. 1, s. 7<>. Mini. ('(Ui. Stiit. e. 5, sh. 23—20. 15. C. Con. Stat. 1877, c. 42, ss. 8. 79, SO Vic. c. 1. •18—50. r. E. I. V.i V ic. c. 21, CHAPTER VI. PuoviNciAL Legislative Councils. I* '' ! \i Numbur. Four provinces, viz. Quebec, Nova Scotia, New Brunswick, and Prince Edward's Island, })ossess Lt'f,nslative Councils, in addition to Legislative Assend^lies. The original consti- tuti«ju of Manitoba made provision fur a Legislative Coiuicil of 7 members api)ointed for life by the Lieutenunt-Covernor*, but in 187G the Council was abolishi'd and the Legislature now consists of a Lieutenant-Governor and an Asse'nibly''. Legislation in the North-West Tei-ritoiies is effected by a Council portly nominated and partly elected; and the Lieutenant-Governor of Manitoba may have the assistance of a Council in carrying on the government of the district of Keewatin. Number. The number of Councillors in each iirovincc is as follows : — Quebec, 24. Nova Scotia, 15. New Bnuiswick, LS. Prince Edward's Island, 13. North-West Territories, 20. As regards British Columbia not more than G can be ai^pointed by the Governor-General ; and when a district not ' :w Vic. c. ;}. - Man. .'ill Vic. •2S. tiUALIFlCATlOX OF COUNCILLORS. •;j cxceuding 1000 scjuure inik's eoiitaiiis a jt(>[)uliiti()ii of not less than 1000 inhabitants of adult ago it may rutum uiio member to the Council. Qualifications. In Xova Scotia the Lieutenant-Governor (^imlifica- is no way restricted by statute in the choice of Councillors, but in the other provinces there are certain statutory (jualitications. These may be classiHed undi'r the following heads, (1) citizenship, (2) age, (.'J) i)roperty, (4) residence, and (5) oath of allegiance. 1. Citizenship. All the ])rovinces agree in recpiiring !• Citizcn- a Legislative Councilhjr to be a British subject by birth or by naturalization. 2. Age. In Quebec and Prince Edwai'd's Island he "2. A^e. must be 80 years I'll 111 lii' ollicc. and with tlir advice of his Pr'ivy ('i)Uiicil has ]»u\v(i- to appoint six ine'inbcrs l)v wanaiit under his privv seal '. As regards the (jther members they are electi'd hy buna fide male ri'sidents and householders of achdt age, within the cleetural district, not being aliens or uneiitranchised Indians, and who have resided in snch electoral district tor at least 12 months inunediately preceding the issue of the writ Ibr the electitjn'. 'fena of office. In (.Quebec, Xew JJiunswick, and Nova Scotia, Councillors hold ofiice lor life, unless they resign or become disipialitied. In Prince Edward's Island a new election takes place for Charlottetown t-very eighth year, and tor otlu'r districts every fourth year, fioin the date of the last election to tln' Council''. In the North- West Territories elected members of the Council h 13. N, A. A. 18G7, s. 77. '" N. li. Con. Stat. 1S77, c. 1, s. 7. 1'. K. I. Itcv. Stat. '25 Vic. c. 18, h, 27. i » f K I 1 I.; 76 PIlOVrNCIAL MCGISLATIVE COUNCILS. Ill Quebec the Speaker has a vote uml a ca-sting vute '. In Prince Edward's Ishmd he haa only a casting vote*, i'rivilogcs. Pnvileyes. Members of the Legislative Council in Quebec enjoy the same privileges lus members of the As- sembly*. In the other provinces that have Legislative Councils Acts have not as yet been passed to define the privileges of such Councils. Resiynation. A Legislative Councillor may resign his seat by a notice in writing under his hand and seal addressed to the Lieutenant-Governor*. 1 B. N. A. A. 1807, s. 79. « P. E. I. Rev. Stat. 25 Vic. c. 18, 8. 29. •' Sec an(c p. 09. •« B. N. A. Act. 1807, ss. 71, 30. N.B. Con. Stat. 1877, c. 1, s. 5, P. E.I. 25 Vic. c. 18, s. 19. .'■I I . I ' I! \k ■ !:! vw Method of LKfJisLATiox. 1 ,1 t I I CHAPTER VII. I . «l TiiK procoduro and practice of iho Provincial Legislatures arc regulated partly by the provisions of the British North America Acts, partly by provincial statutes, partly by orders and resolutions of each Legislature, and partly by usages which though unwritten are recognized and followed. The hour of meeting varies in the ditierent provinces : in British Columbia it is 11 o'clock, in Nova Scotia 12 o'clock, and in Ontario, Quebec and Manitoba 3 o'clock. If the business of the House is not concluded at G o'clock the Speaker leaves the chair until half-past seven. The House at its rising on Friday as a rule stands adjourned until the following Monday. Order of Business. The business in the Provincial Assemblies is generally as follows : Every day certain routine business is taken in the follow- ing order : — 1. Presenting Petitions. 2. Reading and Receiving Petitions. 3. Presenting Reports by Standing and Select Com- mittees. 4. Motions. After the above routine business is disposed of, the order of business varies according to the day and the province. Hour of Mrctill''. Oidrr of liusinpsw. fl 1 1, J i r f'l I,' i' ll I' 'J K Onlcr of liiisi'U'ss. Public Hills. Introduc- tion. 78 MKTIICin OF rJXaSF.ATION. In Oiilaiio, Qiicbt'c, mid British Colimibiu the tulluwing rules prevail. On one (liiy the onier of business is: — 1. Private Hills. 2. QiU'stinns put by Members. 3. Nt)tices of .Motions. 4. I'liblic P,ills and Orders. On two other days in the week the order is: — 1. (Joverninent Notices of Motions. 2. (iovirnnieiit Orders. .'{. Publie Bills and Orders. 4. Qnestions put liy Mendiers. '). Other Notices of Motions. (). Private Bills. On the remaining,' two days in the week ihi' order is: — 1. (,>uestions ])iit by Mendu-is. 2. Notices of Motions. 8. Pid)lic Bills and Orders. li". (ioveinment Notices of Motion.s ?"/; Quebec. 3''. (Joverninent Orders in Quebec. 4. Private Bills. 5. Public Bills and Orders. 6. Private Bills, in Ontniio. 7. Government Notices of Motions, iti OntaHo. 8. Government Orders, in Ontano. In Nova Scotia the same order of business is followed from day to day. Public Bills pass through the same stages as in the Dominion Parliament, except that in some provinces the consent of a second House is not required. All Bills are introduced upon motion for leave specifying the title of the Bill, or upon motion to appoint a committee to prepare and bring it in : no Bill can be introduced in blank. iriimiaiM>»riB' Vi\ lee Im MKTIlol) OF hK(ilSLATl(>N. 7!) I'liviitr liills. Muiiiy l)ills cjiii orl^'liiiitc unly in tlir FiC^'islativc As- sembly and no a|»|»!i)|iiiatiiin can take |>la('»' unlfss first. I't'onniincndt'd l»y a intssa^'r from tln' Licutfnant-dovfrnnr. Evi'ry bill rr(|uircs cxci'iit on uri^'cnt or extraordinary ItiiulinnM. ocoasioMH to be read three limes on separate days. After the Hccond roadini.^ the House ^les into Committee, and all nnicndmciits maills are initiated 1)y way of petition. No petition for a |>rivate Hill is received as a ruli' aftei' the first two weeks of a .session, and no private Hill can be presente(l after the first three weeks. Each Lepfislature has standin<( orders, relative to such pi'titions, prescribinif what notice of the application shall be given and what particulars must be stated. The petition comes before the Committee on Standing Orders, and if s\ich Conuniltee repoits favourably, the liill is introduct d on motion for leave. After beintj read a .second time it is referred t(i a Committee, and the Hubse(iuent procedure is similar to that prevailing in the Dominion Parliament. !• ! i ! 1 ■s > 7^- V, i / li-'i CIIAITlill VlJl. The LlEUTKXANT-CJoVEUNOll. m In cafli ])r()viii('f iui (itlicfrcalN'il the Liviiliiiiiiil-C Invcnmr, a|t|iiiintt'(l by tlu' (lovmior-dciicral in ('I'liiicil iiinlcr tlic }fn-d\ seal . of in onr Dominion of Ciinadti. Greeting : — Whereas we did by Lt'tters Patent under the fJreat Seal of our Dominion of Canada bearing date at the city of Ottawa the day of in the year of our reign appoint A. B. to be Lieutenant-Gcnernor of the Province of for and during our will and pleasure as upon relation being had to the said recited Letters Patent will more fully and at large ajipear. 1 See Lfiioir v, Jiilchic, :i Can. S. C, p. ')7'>. ' Vj IMS COMMISSION. HI .■;it. |lh(> of he lire AikI whtTciis the said A. I'. hiiM since died and we 'mve tlion^dit- lit to appoint yon to he such Linitcnant- Oovernor in his stead. Now know yr, that \vc nposini,' sjMcial trust and eonlidenee in the prnflrncc, eouia^'i", loyaMy, and iiiti'^'iily of yon (he sai. - Sep pout, chap. xv. Q. 34 Vic. c. 4. -^ Civil Code, Art. 48:5. •* Q. 37 Vic c C ' Q- 1:5 -in^l 11 Vic. c. 4. Civil Code, Arts. 1114-1110. Jurisdic- tion. Court of Review. Ci)\trt of ] 'ice- Admiral, Court of Queen's Jhncli. Jurisdic- tiou. • I ; i 'f f t I T ^ 92 Tiir; I'KuviNriAi. .iriiU'A'i'ruK. 'I <' Appeals from Circuit CourtH. Division Court. (h) against any other final jndgniL'nt fxccj)t in casus of certiurari, or mattcns ati'ecting nmnicipal corporations or offices, or where the amount in ([ue.stion does not 'exceed $200 and the judgment has been confirmed in review before three judges ; (c) against interlocutory judgments 'n certain cases. An appeal lies from a Circuit Court (a) where the sum or value of the thing demanded amounts to !|1()U, except in suits for the recovery of assess- ments for schools or schoolhouses, or for monthly contri- butions for schools or for the recovery of assessments imposed for the building or repairing of churches, parsonages, and churchyards. If the evidence has not been taken down in writing the appeal can be only on points of law ; (/>) whei'e the demand is less than !?10() but relates to fees of office, duties, rents, revenues or sums payable to Her ^laje.sty, or to titles to lands or tenements, annual rents or other matters in which the rights in future of the parties may be affected ; (c) in all actions in recognition of hypothec. Special measures regulate appeals from judgments given in the Magdalen Islands *. Ontario. The Division Courts. In each county there are Courts called Division Courts, not less than three nor more than twelve in number, presided over by the junior County Court Judge. Each Judicial District is divided into Court Divisions, and once in two months a Court is held in each Division ". Causes arc heard before the Judge alone, but in actions of tort whore the amount sought to be recovered exceeds 1 Civil Code, Art. 1133. - 0. R. S. 1887, c, 51. ONTAUIO. 93 lis Is !^I0, niid ill all otlicr ai'lioiis wlicii such iiiiii>mif exceeds ^20, either party inuy demaiKl a jury. The jurisdiction extends to, Jmisdit- (d) all personal actions where the amount claimed docs not exceed $00 ; (b) all claims of debt, br ^ach of contract or money demand where the balance claimed does not exceed $100; (o) all claims of debt or money demand where the balance claimed is under 1^200 and the (Miq-inal amount is a.scertaiin'd by siifiiaiure of the defendant. The jurisdiction does not however extend to actions for gambling debts, li(|Uor sold in a tavern, ejectment, toll, custom, or franchise, title to land, malicious i)rosecution, libel, slander, breach of promise, or against Justices of the Peace or relating to the validity (»f wills and .settlements. An appeal is allowed to the Court of Appeal where the Apppul. amount in dispute exceeds $100. A County Court is held in every county and is pi-esi(U'd Conntii over by a judg(> who acts as a Local Judge of the High Court in all matters assigned to him by Statute oi- by the Rules of Court. The jurisdiction of the County Court extends to, 1. all personal actions where the debt or damage claimed does not exceed $200. 2. all causes relating to debt, covenant, and contract up to $400 where the amount is li(pii(late(l or ascertained by the act of the parties or by the signature of the defendant. 3. proceedings on bail bonds given to the Sheriff in any County Court whatcvt'r be the penalty. 4. recognizances of bail taken in County Courts to amount. any 5. actions of replevin where the value of the goods or property taken does not exceed $200. G. interpK'ader matter.s. \m I ij Ui I i> I';! Snrrodtite Court. Mdritimc Court, 94 Tin; I'llOVFNCI AI. .iriiK ATl'ltK. 7. lU'tiuiis Inr ihc i-cc(i\('ry <>r liiml wIktc llic yciirly Villllc dl' llli' premises (»!• llie relit pJiyillile (Icies Hot cXCCud $200, (u) whero till' interest of the lenaiit hiis sutlfi red or lias been determined l)y iiuijee Id (piit, (/>) where the ri lit is (iO days in urreiir and the hindlord has thi; ri^dit to re-eiit(!r. It is expressly declared that the (*niir( shall not, have Jurisdiction : 1. where the title to land is in (|iiestiiin except in the above-mentioned cases, 2. where the validity ol" "-ly devise, l)e(|uest, or limi- tation nnder any will or settlement is dispnte(|. ti. in cases ot'libel, slander, rrini. con., or sednction. 4. in actions ai^ainst a Justice of the Peace tor anything done by him in the execution of his office if he objects thereto'. Surrogate Court. In each coiinty the senior County Court Judge holds a Surrogate Court, which has jurisdic- tion in all testamentary matters and causes and in relation to the granting and revoking probates of wills and letterw of administration, subject to an a]»peal to the Chancery Division of the High Court'"'. The Court has a concurrent jurisdiction with the High Court regarding the custody of infants ''. The Maritime Court was constituted by the Dominion Statute 40 Vic. c. 21. It is com])osed of one Judge for the Pi'ovince and Surrogate Judges for certain localities appointed by the Governor in Council. It has jurisdiction in all such matters (with certain exceptions) arising out of or connected with navigation, siiipping, trade or commerce on any river, lake, canal or inland water of which the whole or part is within the Province of Ontario, as would belong to any existing Vice-Admiralty Court if its process extended to Ontario. By an Ontario Act ^ the Judge of the Court has 1 0. K. S. 1887, c. 17, ."s. 18—22. » lb. c. 137, s. 1. « 0. R. S. 1887, c. 50. " 0. R. S. 1887, c. 43. OXTAlilO. 95 'I', to as tlu' same autlmrily as u Cuiinty ("muiI .Iiuli^f it'irindini,' llic use of the Court-house or other ImiMiii^rs for the aihiiiuis- tratioi» of justice. Heir and D('>'i-rty and civil rights are not allowed without special leave, unless the title to real estate or the validity of a patent is affected, or unless the matter in controversy exceeds the value of ^1000, or unless the ipiestion relates to the taking of an annual or (piarterly rent, customary or (piarterly duty, or a like demand of a general nature affecting future rights'". Appeals from the Court of Appeal to Her Majesty in Council are prohibited except when the matter in contro- versy exceeds $4000 in value, or relates to the taking of a rent or any like demand affecting future rights'. This liow- ever does not affect the right of the Judicial Committee of the Privy Council to sustain any appeal as a matter of grace. 1 O. R. S. 1887. c. 11, ss. 20—42. :' II). c. 12, 8. 2. 2 O. R. S. 1887, 0. 44. * O. R. H. 1887, c. 41. NOVA SCOTIA. i)7 Nova Scotia. Justices of the Peace. In al! actions of dobt, where the cause of action clo,>s not oxcee.l l$20 one Justice ha.s juris- diction, and where the cause of action exceeds $20 and does not exceed $80 jurisdiction may be exercised by any two Justices of the county in which the defendant resides or in wliieh tlie debt or cause of action arose. In the hitter ca.se either party may have the case tried before a jury'. Gountij Courts. Seven County Courts have been es- tablished, on(3 for each of the seven districts into which the Pnn'ince has been divitled'. The Judges of the County Courts are also Masters of the Supreme Court ^. The County Courts have jurisdiction ■*, {a) in all actions ex contractu where the debt or damage claimed does not exceed $400 and is not less than $20; {b) in all other actions where the damages claimed SO, the above jurisdiction is concurrent with that of the Supi-eme Court. The following matters have been expressly excepted out of the jurisdiction of the Courts, viz. actions where the title to land i.s in cpiestion, or where the validity of any devi.se, betpiest, or limitation is disputed, as well as actions fur crim.' con., s'.iuction, and breach of promise of marriage. ■Titstirr.i. Coiiiiti/ Ciiiirla. •Turisdic- tion. ' N. S., R. S. 1884, c. 102, s. 1. » N. S. 4!) Vic. c. 50. - N. S., R. S. c. 105, ,s. 2. * N. S., R. S. 1881, c. 10;-;, s. 1(1. ii I .: I i.^M i ■ i iil ■p ^ I ^ «*f 98 Adniiraltij Call ft. I'mhdte Cdurt. Dirnrce Court. Supreme Court. THE mOVINCIAL JUDICATURE. The Courts have jurisdiction in appeals from Justices, Stipendiary Magistrates, City and Municipal Courts.- The Admiralty Court exercises jurisdiction in all Ad- miralty matters. Probate Court. This Court has jurisdiction in all matters relating to the probates c>f wills and the administration of estates '. Cou7-t of Matrimonial Causes and Divorce. This Court is presided over by the Ecjuity Judge and has jurisdiction over all matters relating to prohibited marriages and divorce ; an appeal lying to the Supreme Court in banc'. The Supreme Court. The Supreme Court resembles in organization and jin-isdiction the Supreme Court of Judi- cature in England. It is composed of a Chief Justice and six Puisne Judges. Circuits of the Court are held twice a year in each county and extra sittings are in the summer held in certain towns. The Court is invested with the powers that were formerly exercised by the Courts of Queen's Bench, Common Pleas, Chancery and Exchc(pier in England and also with all the powers, except those relating lo Probate and Surrogate Courts, that are now exercised in England by the Supreme Court of Judicature ^ It also exercises an appellate jurisdiction in cases from County Courts. I ii New Brunswick. Juxticen. Justices' Civil Courts. Justices of the Peace have in the Coinities in which they reside and for which they have been appointed Justices, jurisdiction in the following actions : • N. S., R. S. 1884, c. 100. - N. S., E. S. 1873, c. 120, s. 10, N. S. 49 Vic. c. 49. ■' N. S., R. S. c. 104. n?, NEW jnUTNSWK^K. 99 'Oil 1. Actions of debt where the sum demanded does not exceed |;20. 2. Actions of tort to real or personal property where the damages claimed do not exceed $8. The jurisdiction does not (\xtend to actions where th(^ Queen is a party, or where the title to land is in question, or the action is for a debt exceeding $i20 unless the same has been reduced by payment or abandonment to that sum, or where the action is for debt against personal I'eprcsentatives, trustees of absconding debtors, assignees of bankrupts or insolvents, or banking or insurance companies *. A rehearing may on affidavit be obtained before a Justice of the Supreme Court. Local Courts. Stipendiary and Police Magistrates have jurisdiction in the county, town, parish, or district for wliicji they are appointed, 1. in all actions where a Justice of the Peace lias Civil jurisdiction ; 2. in all actions of debt where the amount claimed does not exceed f 40 ; 8. in all actions of tort to real or persom' jiropci-ty where the title to land does not come in ([ucslion and where the damages do not exceed S16. Civil Courts of St John, Fredericton, Portland. Special Civil Courts have been established in certain towns. The Small Debts Court of Fredericton has jurisdiction in actions of debt up to $40, and in tort up to $1(). The City Court of St John and the Civil Court of Portland have jurisdiction in actions of debt up to 880, and in tort up to $20 ^ Parish Courts. In each parish a Court is hild before a Connnissioner, being a Justice; of the Peace appointed by the Lieutenant-Governor in Council '. ■ft T.iii'dl Cih/ Court.'!. I'liriah CDlllts. > C. S., N. E., c. CO. "■ C. S., N. B. cc. 53—57. ■^ C. S., N. B. c. 59, t3 Vie. c. 12. I\' tU If Dhwrce Court. Probate Court. Count)/ Courts. 100 THE PKOVIXCTAL JUDIdATITRE. The Court has jurisdiction in 1. actions of debt where the sum demanded does not exceed S4() ; 2. actions of tort to real or personal property where the damage claimed does not exceed ^IG. The same causes that are excerpted out of the jurisdiction of the Justices' Court are also excepted out of this Court substituting |;40 for |20. Court of Divorce and Matrimonial Cavses. By the 31 Geo. 3, c. 5 (N. B.) the Governor and Council were con- stituted a Court for hearing and determining causes relating to marriage and divorce. By the 23 Vic. c. 37 (N. B.) a Court of Divorce and Matrimonial Causes was established, and the jurisdiction formerly vested in the Governor and Council in respect of marriage and divorce is tkjw vested in this Court '. An appeal lies to the Supreme Court. Probate Court. Probates of Wills and Letters of Ad- ministration were at Hrst granted by the Governor inider the Koyal Instructions ; Surrogates being appointed for that purpose in the different counties'''. The Court of Probate has now full jurisdiction in all matters relating to wills oi' administrations, an appeal lying to the Supreme Courts County Courts. When the province was first established County Charters or Letters Patent were issued creating the several districts, into which the province w^as for that pur- pose divided, separate counties, and constituting a separate judicial system for each district. Amongst the Courts es- tablished were the Inferior Courts of Common Pleas with jurisdiction in all causes arising within the county and in which the amount claimed exceeded 406', and did not excei.'d £50 in value and in which the title to lauds did not come ' C. S., N. B. c. 50. '- Keport on Judicial Institutions of N. B. p. 35. ^ C. S., N. B. c. i,-!, 41 Vice. 30. ni NEW BRUNSWICK. 101 ill (piostioii. In 1795 the jurisdiction was extended by giving to these Int'ciioi- Courts ii concuirent jurisdiction with the Supreme Court \ These Inferior Courts of Coinnion Pleas were abolished in 1SG7 and County Courts substituted for them I A County Court sits in each county from time to time Jurisdio- aud has jurisdiction in all personal actions of debt, covenant and assumpsit where the debt or damages claimed do not exceed $200, and in actions on bonds given to the sheriff or otherwise in any case in a County Court and in actions on other bonds where the real debt does not exceed S4()0 '; except (1) where the title to land is in cpiestion, (2) wh('re the validity of any devise, bequest or limitation is disputed, (8) crim. con. and seduction, (4) breach of promise of marriage, (5) actions against justices of the peace for any- thing done ill the execution of their otiice *. An appeal lies to the Supreme Court by any party feeling himself aggrieved by the decision of a judge U])()n any point of law, or with the charge to a jury, or with the decision upon motion i'or a non-suit or for a new trial or in arrest uf j udginuii L '. County Courts have concurrent jurisdiction with the Circuit Courts in all criminal cases except ca])ital ofiences ". Siq)reiiie Court. The Supreme Court of New Bruiis- Sapronr wick was established by General Thomas Carleton, the lirst Governor, under the authority of the King's Commission. It was invested with the powers and authorities of the three Superior Courts of Law at Westminster Hall. Its constitution and practice have from time to time been moditied by local statutes \ 1 N. li. 3.j Geo. 3, c. 2: sec Uopoit of Commissioners on Judicial Institu- tions of the Pioviuce, 1S33. - N. B. 30 Vic. c. 10. ■ N. B. I'J Vie. c. 1.8. * C. S., N. B. c. 51. 5 iij. s. 50. « lb. a. G2. - C. S., In. B. 37. N. B. 30 Vic. o. 31 ; 12 Vic. c. 7 ; lb. c. 8 ; U Vic. c. 12. r r WHI im m I* ' . t , A:?] \ 102 THE PROVINCIAL JUWCATURE. In 1879 ii separate; Judge in E(}iuty was appointed to hold separate Equity sittings and to exercise all the powers of tlie Supreme Court in Etjuity. The in-iginal jurisdiction (A' the Supreme Court was preserved and an appeal was allowed to the Court from the Judge in Equity'. Tlie Court is now comijosed of a Chief Justice, a Judge in E(iuity and four Puisne Judges*. Sittings of the Court are hehl at Frf the Supreme Court in Equity. Manitoba. i -; J 111 } Coll Illy Cuiirts. Cuuntt/ Courts are held in counties fron\ time to time*^. The Courts have jurisdiction, (a) in all personal actions of tort where the damages claimed do not exceed $100 ; {h) in all actions of replevin where the value of the goods does not exceed f 100 ; (c) in all actions ex contractu where the amount payable does not exceed $250. The following actions are excepted : ((/) for a gambling debt ; (/>) for spirituous licpior drunk in a tavern ; (c) on notes of hand given for a gambling debt or foi- li([Uor drunk in a tavern ; ((/) of ejectment ; ' N. B. 42 Vic. c. 7. lb. c. 8. -' N. B. 44 Vic. c. 12. •' N. B. 13 Vic. c. 10. J N. B. 4'J Vic. c. 'J. ° C. S. Man. 1880, c. 34. IM. 48 Vic. c. 22. MANITOBA. 103 lilt tor 1 i (e) relating to validity of duvist'S or limitations uiultji' a will or suttlomeut; (/) for malicious jirosecutiou, libel, slander, crim, con,, seduction or breach of promise of marriage ; {g) against justices of the peace or peace officers for anything done in the execution of their office. A Surrogate Court has been established for each judicial Snrmndtr district. The Senior County Court Judge for the district presides. The Court has jurisdiction in all matters relating to probates of wills and letters of administration in the Province '. Court of Queen's Bench. The Court of Queen's Bench <^"""rt »/ consists of a Chief Justice and three Puisne Judges and iiencii. sits at Winnipeg ^ The Court as a Court of original and appellate juris- diction possesses "all such powers and authorities as by the laws of England are incident to a Superior Court of record of civil and criminal jurisdiction in all matters civil and criminal whatsoever and shall have use enjoy and exer- cise all the rights incidents and privileges as fully as the same were on the loth July 1870, possessed used exercised and enjoyed by any of Her Majesty's Sujaiior Courts of common law at Westminster or by the Court of Chancery at Lincoln's Inn or by the Court of Probate or any Court in England having cognizance of property and civil rights and of crimes and offences ^." The Court has therefore both civil and criminal as well as legal and equitable jurisdiction*. Courts of Assize for civil causes are he'd by one of the .l.ssuf,-.-. juilges of the Queen's Bench twice a year at Winnipeg for the Eastern Judicial District, and at Portage la Prairie for • M. 14 Vic. c. 28, 8. 93. •' lb. s. (). = M. 18 Vic. c. 15, S3. 11, 13. •» lb. a. 7. .: ': k i 104 TllK I'liOVINCIAL JUUICATUllE. the Central Jiuliciul District, and at Brandon for the Western Judicial District*. As a Court of A2)peal the Queen's Bench hears appeals on points of law from County Courts"; appeals from the decision of an election judge on any (piestion of law or facts'*; ajjpeals from a judge in chambers* and from the Surrogate Courts ^. 1^ ! I 1 n Small DebtK Court. County Court. Supreme Court, British Columbia. Hinall Debts Cuurt. Actions in which the sum demanded does not exceed flOO may be tried before a stipendiary or a police magistrate ®. Count}] Courts. Six County Coiu'ts have been es- tablished under the 4G Vic. c. 5. They exercise jurisdiction in all civil causes up to $1000 and in ecjuity up to $2500, and are invested with the powers of a Court of Probate. An appeal on points of law lies to the Sujjreme Court. Supreme Court. By a commission dated the 2ud Sept. iSocS, Her Majesty appointed Matthew Baillie Begbie to be a judge of the Colony of British Columbia with full power to hold Courts of Judicature and to administer justice. Governor Carleton on his arrival issued a pro- clamation which had the force of law declaring that the Court held before Judge Begbie shoidd be known as the Supreme Court of Civil Justice of British Columbia and ordained that the Court should be invested with " complete cognizance of all pleas whatsoever" and "with jurisdiction in all cases civil as well as criminal arising within the Colony." Previous to this an order in Council dated the 4th April 1S56, had constituted a Supreme Court for Vancouver's iM 1 M. 48 Vic. c. 10. 8 lb. c. 4, s. m. s M. 14 Vic. c. 28, H. 123. - C. vS. Man. c. 34, s. 20G. ■» lb. c. 31, 8. 24. fl B. C. 4'.) Vic. c. 0. rillNX'H KDWAKDH ISLAND, 105 i;.. Ishiiid. AIUt tlu' uuidii of ihf Island with l>ritish ('(ilmnbiu the t\V(j Courls were incrg'ud in oiu' Cinirt callrd the Siipreiuu Court of British Cohuidna', such Court to possess all the powers of the two previously existing Courts. Subse(pieutly the Legislature passed an Act '^ constituting a Provincial Supreme Court under the name of the Court of Queen's Bench to be composed of the same Judges as the Sui)remc Court, and to have all the powers and jurisdiction of that Court. The Supremo Court now consists of a Chief Justice and four Puisne Judges. Courts of Assize are held in different towns throughout the Province on lixcd days I '1 3tC I in I )) Iril I ) Ir s Prince Edward's Island. Civil Jurisdiction of Justices. WJiere a debt does not exceed 832 a debtor may be arrested and brought before a Justice of the Peace, and unless he gives secmity f(jr appearing at the County Court to answer the plaintiff's suit, tw^o Justices may try the causes, an appeal lying to the County Courf*. Courts for trial of Small Belts to be held before Com- missioners were in 18G0 established throughout the province. Jurisdiction was conferred in matters of debt and trover i\)V the recovery of sums not exceeding £20, except where a (piestion of title was involved, or the action was for a gambling debt. Actions for rent were also excluded unless no distress could be found on the premises^ County Courts. The County Courts have jurisdiction, (a) in all actions ex contractu and ex delicto wlim' the debt or damages claimed do not exceed $150 ; ■I untie Small Ihlll:^ Cdiirt. Ciiiiittii Court. ^If 1 B. C. Ordinances, Ibt March, 1801), 22nd April, 1870. 2 B. C. to Vic. c. 3. 3 B. C. 18 Vic. c. G; I'J Vic. c. 3 ; 50 Vic. c. 8. * P. E. I. 37 Vic. c. 1. 5 P. E. I. 23 Vic. c. 10. 1 1< I I ► lOG THE rUOVIXCIAL .TUI>ICATUJ{E. Marine Court. Suiro(j(ite Court. Iu.iolvcHts' Court, Divorce Court, Court. {b) ill actiuiis uii bail b(jii(l.s givuu Lu a slit'iitV in a County Cuurb or wlicru tlie penalty is recuvcrablL' bct'uru the Court of Couunissionurs for the recovery of small debts ; (c) in all autiouH for any amount recoverable under any statute before the Court of Conunissioners for the recovery of small debts. The following actions are excei)tcd, (a) of detiinie, replevin or ejectment where the title to land is brought in (juestion ; (b) in which the validity of any devise, becjuest or limitation is disputed ; (c) crim. con. and seduction ; (d) for breach of promise of marriage ; (e) against executors or administrators ; (/) i^gy-iiist Justices of the Peace for anything done in the execution of their ollticc ; (g) upon judgments in the Supreme Court*. An appeal is allowed to the Supreme Court ". A Marine Court of Enqnirij established by the 27 Vic. c. 23 has jurisdiction in collisions, casualties resulting in loss of life and charges of misconduct against masters of vessels. Surrogate Courts. Jurisdiction in matters relatuig to wills belongs to the Surrogate Courts ^ Insolvents' Courts were established by 81 Vic. c. 15. Coicrt of Divorce, In 1835 the Lieutenant-Governor and Council were authorized to hear and determine all matters relating to divorce, and power was given to the Lieutenant- Governor to a^ipoint the Chief Justice to preside in his stead *. Supreme Court, The Supreme Court was established by Governor Patterson under the powers conferred by his Com- 1 P. E. I. 41 Vic. c. 12, 63. IG— 17. 3 P. E. I. 3G Vic. c. 21. •J lb. s. 93. M'. E. I. 5 Will. 1, c. 10. NOllTU-WEST THUUITOUIKS. 107 I mission'. As ii, C'lniil u|' ("ininmiii Law it is f()iii|Kisr(l nf u duel' .Iiistici.' ami two Puisne .liistifcs, who cxcivisr u juns(licli(jn siniiku' to thai enjoyed hy the old Courts of Quuen'.s Bunch and Conmion Pleas. Jurisdiction in Iviuity belongs to the Master of the ilolls" and to the Vipe-Cluincellor", who act also as Puisne Judge's on the Connnon law side of the .Sujjrenie Court. An ajipcal in Ecjuity lies to the Chief Justice, the Master of the Rolls and the Vice-Chancellor' Kxcept when silling in the Court of Appeal the Chief Just.je has no e(|uity jurisdiction. The Mastt'r of the Uolls ;is such has similar powers to those formerly enjoyed by the Master of the Rolls in England", and the Vice-Chancellor as such has co-ordinate jurisdiction". The Chief Justice, the Master of the Rolls and the Vice-Chancellor act as a Court of Appeal in Chancery', and all right of appeal to the Lieutenant-Covernor as Chancellor haa been taken away". 1 I I }i N( )in"ir-WEST Teriuti )1!I ks. The Supreme Court consists ot Hve Puisne Judges, each of whom is re([uired to reside at svich place in the territories as the Governor in Council directs ". A judge usually exercises jurisdiction within the district in which he resides, and is invested with all the p(jwers of the Court other than those usually exercised by a Court sitting in banc. The Court possesses the same powei's as the Co;u\, of Queen's Bench of Manitoba '", and has all tin.' powers vested in the Stipendiary Magistrates on the 2nd June Ifssii. Supreme Court. Juiisdiu- tion. 1 See ante, p. 32. 3 P. E. I. 32 Vic. c. 1. 5 P. E. I. 11 Vic. c. G. ' lb. P. E. I. 1() Vic. c. (1. '•' 11. S. C. c. 50, sa. 41—45. 8 P. E. I. 11 Vic. c. 0. ^ lb. 4G Vic. c. «. " P. E. I. 32 Vic. c. 4. » P. E. I. 44 Vic. c. 10, s. 3. 1" lb. a. 48. WW flit ^i 1 I 108 TIIK I'llOVINClAL JrDFC'ATlTltK. Every .Iiid^fc is autlioriziMl to lii>l(l u l.'inirt ut s)i<-li tinu's uml pliiccs as he thinks proper and to (k'l'idc any claim <»r (lis|»\it(' in a Huniinary inanncr, except in a(!tions of debt or contract where the claim exceeds I^IOOO, and in actions ol' tort where the amount, claimed exceeds ^o.UU, in wh' casus either party may demand a jury'. I COUUTS OF CllIMlNAL JURISDICTION. V>y section 91 of the British North America Act IHG7, the Criminal law includini,'' Criminal piocedure was placed within the legislative jurisdiction of the Dominion whilst the Constitution of Courts of Criminal jurisdiction was handed over to the province. A uniform code of Criminal law and procedure lias been for some years in force in the Dominion. jitxticcs. Justices of the Peace. Justici's of tlie Peace and •' pondiary magistrates have by various statutes jurisdiction to try in a summary manner minor offences. They are also authorized to try sunnnarily certain indictablt_^ offences such as larceny, embezzlement, obtaining money under false pre- tences, aggravated assaults, assaults on children or magis- trates, using premises for betting, provided the accused consent to be so tried. Persons under 10 years of age charged with larceny may be tried before one stipendiary magistrate or two justices'*. An a})poal from any conviction of justices lies in Ontario to the Sessions, in Quebec to the Queen's Bench, in Prince Edward's Island and North- West Territories to the Supreme Court, and in the other provinces to the County Court'. Scsniuiu. General or Quarter Sessions, Recorders Court. These courts sit at least four times a year and have as a rule power 1 11. S. C. c. 50, a. 88. 2 lb. CO. 171, 17(). ^ lb. c. 178, b. 70. fOCIfTS or CIv'lMINAI, .lllilSDK TI(>\. 101) to tfv all iinlif'tnblc (iri'cin'cs <'xc(|)t tiTMsdii, fMony pniiish- iiltlc with (liatli, lilirl, iiikI iVainliilriit ads ol' .'iLfciits, Iiaiikris, factors, tru.stc'cs, (liivc'tors, kccjMrs of warehouses or partners'. Connli/ Conrtn. In some iirovinces such as Manitoba, Nova Scotia and Now I^runswick, tht; County Court exorcises a criminal jiu-isdiction, a^ a])poals from decisions of Justices are in these jirovincos taken to the (^)unty Comt. (JoH)'fs of ()i/er (1)1(1 I'enninrr. Courts of Dyer and Terminei- and ^^eneral i^^aol di'Hvery are held periodically in the dilferent ])ro\inces. Such Courts have general juris- diction in tri'ason, felonies, and other indictable otfeiict's". 'The Supreme Court of each province has on its Citnuiion law side jurisdiction in all indictable oifeiices. Court for consulcrdtion of Crown Cases reserved. Any (piestion of law arising on a trial where a person is coiivicted on indictment of any treason, felony or misdemeanour may bo reserved by the Judge for the consideration of this Court''. The Court for the considerat ion of Crown cases reserved (.'iiiintii Ciiiiiiii of Oi/ir iii'il 'ii rin'nii i\ Prariiicidl Stljirt'illi' Cdiirt. Ciiiirl fur coii.iiilcni- tion iif rcKi'rrcd cast a. IS in Ontario, any division of the High Court of the pro- vince; in Quebec, the Court of Queen's Bench on its appeal side; in Nova Scotia, New Brunswick, British Columbia, and Prince Edward's Island, the Supreme Court of the province ; in Manitoba, the Court (»f Queen's Bi'uch of the province; in the North-West Tei'ritories, the Su})reme Court of the Territories'. ' i^i ho 1 R. S. C. c. 171, ss. 1, t\. ' lb. c. 17 1, s. -ir.it. - lb. c. 17 1, fl. 3. * II). c. 171, H. 2. 'SC er • /■ CHAPTER XL » : » TnK Dominion Parliament. i 4 1. Parties to Legislation. The legislative power of the Doiuinioii is generally re- presented as being vested in (1) the Parliament of Canada, consisting of two Houses, viz. a Senate and a House of Commons, and (2) the Governor-General. Inasmuch, how- ever, as the Crown may veto any Canadian Act, it is move correct to say that the Legislature of the Dominion consists of (1) the Crown, (2) the Governor-General and (3) the Parliament of Canada'. Reserving for later consideration the relations of the; Crown and the Governor-General to legislation, an account will now be given of certain matters relating to Parliament generally and then the constitution and functions of each House will be considered in detail. 2. How summoned. Though the British North America Act, 1867, makes provision for the appointment of senators, the election of members of the House of Commons, and the meeting of Puiliament once a year, it is silent as to the manner in which Parliament is sunnnoned, exce])t in so far as it provides by section 88 that the Governor-General may summon the 1 B. N. A. Act, RR. 17, 55, 57. -V^Sw*- ■ IIP THE DOMINION PARLIAMENT. HI CCS of of ich by the House of Commons in the Queen's name under the great seal. By the Letters Patent* constituting the office of Governor- General the Crown authorizes and empowers the Governor- General to exercise all powers belonging to the Crown in respect of the summoning, proroguing or dissolving of the Canadian Parliament. The Governor-General has therefore fidl legal power to exercise the prerogative rights of sum- moning or dissolving Parliament. In exercising these powers he follows closely the practice adopted by the Crown in England. The Dominion like the English Parliament is summoned Rnmnions for the despatch of business^ by proclamation issued by and with the advice of the Ministry. Various months have been selected for the time of meeting but it is now understood that Parliament will be summoned as early in the year as possible. The form of proclamation is as follows. Lansdowne, Canada. Victoria by the Grace of God of the United Kingdoni of Great Britain and Ireland QuEEX Defender of the Foith &c., &c. To our beloved and faithful the Senators of the Dominion of Canada and the Members elected to serve in the House of Commons of our said Dominion and to each and every of you : — Greeting : — A Proclamation. Whereas the meeting of our Parliament of Canada stands Prorogued to the 17th day of the month of December next, Nevertheless, for certain caiises and considerations. We have thought fit further to prorogue the same to Thursday the Form of jiroeliiiiiii- tion. I i ? 1 I e h i(' jl Sec Appendix. ^P^VMI mmi < 112 THE DOMINION PARLIAMENT. seventeenth day of the month of January next, so that neither yon nor any of yon on the said seventeenth day of December next at Our city of Ottowa to appear are Lo Lo held or constrained : for we do will that yon and each of you, be as to Us, in this matter, entirely exonerated ; commanding and by the tenour of these presents, enjoining you and each of you and all others in this behalf interested that on Thurs- day, the seventeenth day of the month of January next at Our city of Ottawa aforesaid, personally be and appear for the despatch of business to treat, do, act, and conclvule upon those things which in our said Parliament of Canada by the Common Council of our said Dominion, may by the favour of God be maintained. In testimony whereof We have caused these our Letters to be made Patent and the Great Seal of Canada, to be hereunto affixed. Witness &c. ■' \i \ f' Proceed- 3. TJie opening of Parliament. inps in the House of When a new House of Commons is elected, the members Commons. ' assemble in their Chamber on the morning of the day men- tioned in the proclamation and at an hour fixed by the clerk, for the purpose of taking the oath and signing the roll. The Clerk of the Crown in Chancery attends at the table and delivers to the clerk of the House a roll con- taining the names of duly elected members. The oath of all(>giance in the form set out in the British North America Act 18G7, I do swear that I will be faithful and bear true allegiance to her Majesty Queen Victoria ; is administered by one of the clerks or the Sergeant-at- arms authorized for that purpose by the Governor-General*. Election of Kj tho British North America Act 1867, section 44, the Speaker. Uo^y^J Qf Conunons on its first assembling after a general J B. N. A. Act, 1867, s. 128. \\\ \ OPENING OF PARLIAMENT. 113 ;''i election is to " proceed with all ])racticable speed to elect one of its members to be Speaker." The House might evidently under this provision at once elect its Speaker, and such election would be complete without any confirmation by the Governor-General. The customary method of jjroceeding to the election is as follows: — Shortly before the hour fixed for the opening of Parlia- ment, the members re-assemble. On the U.sher of the Black Rod presenting himself at the door, which he strikes three times with his rod, he is admitted. Advancing up the floor of the House he makes three obeisances and says in French and in English — " Gentlemen [or Mr Speaker in suhseqitent sessions], his Excellency the Governor-General desires the im- mediate attendance of this honourable House in the Senate chamber." The Usher then retires and the members proceed to the Senate chamber in order to hear the message relating to the election of S])eaker. The Speaker of the Senate thereupon addresses the members as follows : " His Excellency the Governor-General does not see fit to declare the causes of his summoning the present Parlia- ment of the Dominion of Canada until a Speaker of the House of Commons shall have been chosen according to law, but to-morrow, at the hour of — his Excellency will declare the causes of his calling this Parliament," The Commons then return to their chamber. The clerk presides and the election of Speaker is proceeded with, any (piestion relating thereto being put to the House by the clerk. The member duly elected is conducted to the Chair by his proposer and seconder, where he returns his thanks to the IIous(! for the honour conferred on him. The mace is Elcctiniiof Siitnkcr. M. 8 I i. 11- a I H ' m 114 THE DOMINION I'AIILIAMENT. y ! H Approval of Speaker. Tionrlinp; bill pro J'uriiM. then placed on the table and the House adjourns to the fol- lowing day. Upon its re-assembling the Usher of the Black Rod again desires its attendance in the Senate chamber. The Speaker-elect then informs the Governor- General of his election and claims for the House "all their undoubted rights and privileges." The Speaker of the Senate on behalf of his Excellency replies that " he fully confides in the duty and attachment of the House of Commons to Her Majesty's person and government and upon all occasions will recognize and allow their constitutional privileges." In the English House of Commons the choice of a Speaker is "confirmed and approved" by the Crown. This course was followed in some of the Legislatures of the old provinces; but when in 1827 Lord Dalhousie, then Governor- General, refused to approve the election of Mr Papineau as Speaker of the Legislative Assembly of Lower Canada, the Assembly passed a resolution declaring the action of the Governor- General to be unconstitutional, as the Act constituting the Legislature did not require the choice of Speaker to be ap- proved by the Governor-General. The form of approval remained in force in Upper and Lower Canada until the union of the two provinces in 1841, but the Act of Union is silent on the point. After the delivery of the usual speech by the Governor- General the members return to their own House, the Speaker after taking the chair informs the House that the u.sual privileges had been granted to the House by the Governor- General. The reports of Judges and returns of the Clerk of the Crown in Chancery respecting elections are then pre- sented, and in accordance with the custom prevailing in the English House of Commons a bill is read a first time p7'o forma in order to assert the right of the House to deal with any business it may think right to discuss before proceeding to the consideration of the matters contained in the speech. pro ,'ith ing the THE GOVERNORS SPEECH. 115 The Speaker then reports to the 'House that his Excel- lency the Governor-General has that day made a speech to both Houses of Parliament of which he has obtained a copy. The speech is entered on the journals as read, and a member of the Government then moves that the speech be taken into consideration on a future day. When this is agreed to, formal resolutions are passed appointing standing committees, and the librarian's report and other papers are presented. In England the Queen's Speech is invariably taken into consideration on the same day on which it is delivered; but in Canada, though the custom is to debate the Speech on the following day, yet when important matters are likely to come up for debate its consideration may be postponed for a time. An instance of this occurred in 1873, when the House thought it advisable to consider at once matters relative to the Cana- dian Pacific Railway*. A resolution for an address in reply to the Speech is moved and seconded. Each paragraph of the resolution is put as a separate resolution, and a general debate may take place on such paragraph and amendments may be moved. When the resolution has been agreed to, it is referred 2^0 forma to a Committee to prepare and report the draft of an address. The Chairman of this Committee reports the address, which is read a second time and usually agreed to without any discussion. The address is then ordered to be engrossed and presented to the Governor-General by such members of the House as are Privy Councillors. On the opening of a New Parliament the Senators meet in their chamber, and the Speaker informs the House when the Governor-General will proceed to open the session. If a new Speaker has been appointed by the Governor- General* the Clerk of the House, as .soon as the Senate has met, reads the Commission making the appointment, and the Speaker-elect is conducted to the Chair by two prominent Considera- tion of Speech. Prococd- int,'s in Heniite. Can. Com. J., 1873, Oct. aess. p. 119. B. N. A. A., 1807, s. 34. 8—2 y 1(1 1 i r It If: [t V it ?h "') ^ IIG THE DOMINION PARLIAMENT. iSenatora. Tho mace is placed on the table and prayers are read. New members present their certificates of appoint- ment and take the oath of allegiance*. The House then adjourns until the hour when the Governor-General is to bo present. At the appointed time the Governor-General takes his seat and the Speaker directs the Usher of the Black Rod to summon the Commons. The Commons attend with their Speaker and the Governor-General reads the Speech. Considora- After the Commons have returned to their chamber and tion of Speech, the Governor-Geiieral has retired, a bill is introduced pi'o forma^ and the Speaker reports the speech, which is then usually ordered to be taken into account on the following day. All the members present are then appointed a com- mittee to consider the orders and customs of the House and privileges of Parliament. To this committee is referred every matter affecting the privileges-^ of the House or of its members. The procedure followed on the consideration of the address was up to 1870 similar to that adopted in the Commons, b\it in that year the custom of moving the address directly without any previous resolution was introduced and has since been followed. The address being agreed to is ordered to be presented by those Senators who are Privy Councillors. Ill 4. Quorum. By Sections 35 and 48 of the British North America Act, 1867, it is provided that at least 15 Senators and 20 Members of the Hou.se of Commons, including the Speaker, are necessary to constitute a meeting of the Senate and of the House of Commons respectively. In the Senate if, 30 minutes after the Speaker takes the chair, there is not a quorum, he adjourns the House until the 1 h. N. A. A. 1807, 8. 128. ^ See ante, p. 115. PRIVILEGES. 117 next day. In the House of Commons the Speaker may, if the necessary number of members be not present, adjourn the House as soon as he takes the chair, and is bound to do so if his attention is called to the fact that there is no quorum present and such proves to bo the case after counting the House*. A count out is very rare in the Canadian House of Commons '. o. Privileges. By the British North America Act, s. 18, power was Power to given to the Parliament of Canada to define the privileges, pi.iviic I lit i! -I ;{i 11 >>. iSl Covrniit rnicticcH. Eevising oflicers. Other oflicers. Form of Writ. A person disqualified, if a member, vacates his seat and incurs a penalty of $200 a day*. 4. Persons giii^ty of corrupt practices at elections. (a) If it be proved on the trial of an election petition that any corrupt practice has been committed by any candi- date, or with his actual knowledge, or if any candidate be convicted of bribery or undue influence, the election is void, and such candidate is to bo incapable of being elected to the House for seven years*. (&) Persons other than candidates found guilty of corrupt practices are to be incapable of being elected to the House for a period of eight years ^. 5. A revising officer cannot be a candidate for the electoral district for which he is revising officer, nor for two years after he resigns his office *. 6. Sheriffs, Registrars of Deeds, Clerks of the Peace and County Crown Attornies are also disqualified ^ 4. Method of Election. Every writ for the election of a member is dated and is returnable at such time as the Governor-General determines. The day on which the nomination of candidates is to take place is mentioned in the writ, and such day must, in the case of a General Election, be the same for the whole Dominion, except in the electoral districts in British Columbia and the districts of Algoma in Ontario, and of Gaspe, Chicoutimi and Saguenay in Quebec, where the day is fixed by the returning officer". The usual form of writ is as follows: — Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the faith. To tlio [Returning Officer] 1 R. s. c. c. 8, s. 18. » lb. B. 98. » lb. c. 11, B. 9. » lb. 8. 96. 4 lb. B. 20. « lb. c. 8, SB. 4—5. WRIT OF ELECTION. 181 Greeting. Whereas by the advice of our Privy Council for Canada We have ordered a Parliament to be holden at Ottawa on the day of [Oiyiit this preamble except in case of a General Election], We command you that notice of the time and place of election being duly given You do cause Election to be made according to law of a Member to serve in the House of Commons of Canada for the Electoral District of {^Except in the case of a General Election insert here in the place of deceased or otherwise stating the cause of vacancy] and [except in the Electoral Districts mentioned in s. 2 of 37 Vic. c. 9] that you do cause the nomination of Candidates at such Election to be held on the day of next and that you do cause the name [or names] of such member [or members] when so elected whether he [or they] be preserit or absent to be certified to our Clerk of the Crown in Chancery on or before the day of next. Witness Our Right Trusty and Well-beloved Sec, Governor-General of our Dominion of Canada at our City of Ottawa, the day of in the year of Our Reign and in the year of Our Lord 18 , Where a vacancy occurs in any Electoral District owing Vacancies. to death, resignation or other cause, the fact of the vacancy is brought to the Speaker's notice in either of two ways, (1) by a member giving notice from his place, or (2) by a notice in writing under the hands and seals of any two members. The usual form of notice is as follows : Dominion of Canada ] To wit J To the Hon. the Speaker of the House of Commons. We the undersigned hereby give notice that a vacancy hath occurred in the representation in the House of Commons 9—2 Notice of Vucaucy. House of Commons. l^^ m I ill mv It 11 it 132 THE HOUSE OF COMMONS. for tho Electoral District of [here state Electoral District, cause of vacancy and name of Member vacating seat]. Given under our Hands and Seals at this day of 18 Member for the Electoral District of M » » ^J Warrant The Speaker then issues his warrant to the Clerk of for VAcv- 1 /-N . /-^i . • 1 tion. the Crown in Chancery for the issue of a new writ for the election of a Member to fill the vacancy'. The warrant is as follows : House of Commons. Proclama- tion. Dominion of Canada ) To wit J To the Clerk of the Crown in Chancery. These are to require you to make out a new writ for the election of a Member to serve in this present Parlia- ment for the Electoral District of in the room of who since his election for the said Electoral District hath [here state reason for issue of warrant] Given under my hand and seal this day of in the year of Our Lord Speaker. If there be no Speaker, or if the Speaker be absent from Canada, then any two members can issue such warrant '^. If a vacancy occur after a General Election, but before the meeting of Parliament, a new writ is to issue, but this is not to affect the rights of any person entitled to contest the previous election. Within a certain time, varying in the Provinces from 8 to 20 (lays after tho receipt of the writ, the returning officer 1 K. S. C. c. 13, s. 9. 2 lb. s. 13. m I DUTIES OF llETURNINt} OFFrCER. 133 issues a Proclamation stating the pl.".e and time for the nomination of candidates, the day on which a poll will be taken if necessary, the polling stations fixed by him and the place and time whore he will count the votes. Before issuing the proclamation it is the duty of the Returning Officer, after ascertaining the number of persons ([ualified to vote, to see that there are a sufficient number of polling districts, and power is given him to subdivide the districts appointed by the Legislature or by thu local authorities so that there may be one polling district for every 200 voters. Duties of Kctiiniili^; Ollicor. Proclamation. Electoral District of to wit. Form of I'roclnina- tiuii. Public notice is hei'cby given to the Electors of the Electoral District aforesaid, that, in obedience to Her Majesty's writ to me directed and bearing date the day of , I require the presence of the said Electors at in the County [or City or Town] of on the day of month of from noun until two of the clock in the afternoon, for the purpose of nominating a person [or persons] to represent them in the House of Commons of Canada : and that in case a Poll be demanded and allowed in the manner by law prescribed, such Poll will be opened on the day of the month of in the year from the hour of 9 in the morning till 5 of the clock in the afternoon, in each of the Polling Districts, that is to say: For the Polling District No. 1, consisting of at A.nd further that on the day of at 1. shall open the ballot boxes, sum up the votes given for the several candidates and return as elected the one having the majority of votes. i ■ "I '(I ^ T vu THE HOUSE OF COMMONS. 11 Of which all persons are hereby rcr.tiested to take notice and govern themselves accordingly. Given nnder my hand at this day of in the year A. B. Returning Officer. Nomina- tion of Can- didates. Deposit. 11 Poll. 'li f % i (« Ciindidatcs are nominated in writing signed by 25 electors. The nomination jmpcr is not valid nnless accompanied by the written consent of the candidate, except when he is absent from the Province, in which case such absence is to be stated in the nomination paper. One of the persons filing the nomination is reipiired to make oath before the Returning Officer that he knows the several persons who have signed the nomination paper to be electors duly qualified to vote ; that they signed the paper in his presence ; and that the consent of the candidate was signed in his presence, or that the candidate was absent from the Province. A sum of 200 dollars also has to be deposited with the Returning Officer. This sum is returned to the can- didate if he is ' lected, or if he polls half as many votes as those given the successful candidate : otherwise the sum is to belong to the Dominion and to be a|)plied by the Returning Officer in defraying the expenses of the election '. If a poll is necessary, it takes jilace on the day fixed. The voting takes place by ballot, and the poll remains open from nine in the morning till five in the afternoon. On the close of the poll the Returning Officer counts the votes and declares that candidate who is found to have a majority of votes elected. If an equality of votes exists between two or more candidates, the Returning Officer may give a casting vote. 1 R. S. C. c. 13, B. 8, BB. 19— 23. ^p I RECOUNT. 135 Within four days after the declaration of the poll any Rtcomit. "credible witness" may a])ply to the County Court JiKlge or to the District Judge, or in the Province of Quebec to the Judge of the 8uperi(jr Court discharging his duties in the district, for a recount of the votes on any of the follow- ing grounds, viz. that the Returning Officer (1) iin])roperly counted, or (2) improperly rejected ballot papers, or (3) that a person, whose name was included in or excluded from the list of voters, was by the judgment of a Court not entitled or was entitled to have his name on such list, or (4) that the Returning Officer improperly summed up the vote-^. The application must be supported by affidavit, and if se- curity is given to the amount of 100 dollars, the Judge is to hold a recount and certify the result to the Returning Officer. In order to allow time for an application for a recount iictnrn. the Returning Officer is not ref[uired to make his return to the writ of election until after the sixth day from the decla- ration of the poll. The return is in the following form : — I hereby certify that the Member [or Members] elected for the Electoral District of in pur- suance of the within given writ as having received the majority of votes lawfully given is [ur are] A, B and C [names as in nomination jjapersl Signed R. 0. Returning Officer. The return, together with a report, and other documents are transmitted by post to the Clerk of the Crow^n in Chancery. A duplicate of the return is sent to each candidate, and a notice of the return is publishetl in the Canada Gazette. The expenses of the Returning Officer are borne by the Expenses. Dominion. The Governor-Oeneral by warrant directs the Minister of Finance to pay the necessary fees, allowances I I li i 1 'di lit ■i 130 TIIK llunsi; UF CUMMUNS. r i ). II Acts fur bidden. Rntiirn to tho Writ. Tho Oath. iiiid (lishursumuiits out of thu Cuiisolidatwl lluvomic '. If a cuiididiitf, us already pdiiitiMl out, does not poll half as many votes as the candidate elected, he forfeits the 200 dollars deposit, whieh will then be applied by the Dominion towards the expenses of the election. The use of Ha^'s or ribbons or favours on the day of election, and within eight days before such day is forbidden". Taverns are to be eh)se(l on the {)olling day'. Corrupt practices, such as bribery or treating, or personation, or paying for the couvcyaucu of voters are forbidden under heavy penalties *. At the beginning of each Parliament a return book is furnished by the Clerk of the Cnnvu to the Clerk of the Commons and is sufficient evidence of the return. In addition to the return book the Clerk of the Crown semis to the Clerk of the Commons a certificate of the return to each writ " deposited as of record " in the Crown OfHce, and this certiKcate is usually re([uired before a member takes his seat. Not unfre([Uently members are sworn before such certificate is made out, but in such cases a resolution is passed admitting the member to take his seat, and re- commending an adherence to the practice of recjuiring the certificate of the Clerk, of the Crown to the return of the writ. By the British North America Act, s. 1 28, every member before taking his scat must take and subscribe before the Governor-General, or some person aixthorized by him, the following oath of allegiance : — I do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria. The Clerk is the person usually authorized by tho Governor-General to administer the oath. 1 R. S. C. c. 13, Sis. 121—123. 3 lb. 8. 83. 2 lb. s. 81. * lb. ss. 84—99. :. ji '■ i IP KIJUTION I'KTITIONS. im; No ]K'ii(illy is iiicMrii'd l»y a iin'iiihcr who sits or votes without tJikin^f thi' oath. In I.S75 alti'iitioii was ciillid to tlic fact that. Mr Oitoii, MiiiibtT for the Electoral J)istrii't of Contru \V^.'lliii^4oii, had sat. ami voted without takiii<( the oath, Thu Coiniuittee of Privileges, to whom the matter was rufurred, held that, as there was no law on the siihjeet, he hud neither incurre(| any penalty mn- vacated his seat, hul that his Votes I'ecorded before takinif the oath should he struck out of the division list and the journals '. Since the year 1 all lu'W meiidx'rs ('lected after oi' Intro- at a Ciencral Election, including Ministt'rs after re-election, MuiubeiH. have been introduced on taking their seat. Previous to that year the practice was not uniform. The practical advantage of a formal introduction is that it secures the administration of the oath not being overlooked. The form of introduction is as follows: the new meud)er standing between two other members is presented to e Speaker in these words, "Mr Speaker, I have the honour to present to you A. B., Member for the Electoral DLsttict of who has taken the oath and signed the roll and now claims the right to take his seat." The Speaker thereupon replies : " Let the Honourable Member take his .seat." The member then advances to the Chair and pays his respects to the Speaker. k u < .'■I i 1' J 5. Election Petitions. The trial of Election Petitions is regulated by the Dominion Controverted Elections Act ". Any corrupt practice connnitted by a candidate or by his agent, with or without the candidate's knowledge, voids ' Sue Burinot, p. 113. - 11. S. C. c. 'J. m ' ■ ' I 138 THE UOUSE OF COMMONS. II Triiil of Petitions. Appeal. an election. Corrupt practices include bribery, treating, undue influence, or personation. The Act confers jurisdiction to try Election Petitions on the following Courts : in Quebec : the Superior Court of the Province ; in Ontario : the Court of Appeal, and the High Court of Justice of the Province ; in Nova Scotia, New Brunswick, Prince Edward's Island and the North West Territories; the Supreme Court; and in Manitoba : the Court of Queen's Bench of the Province. A Petition may be presented either by a catididate or by any one who had jj, right to vote at the election to which the Petition relates. The Petition is heard before one Judge without a jury and takes place in the Electoral District, to which the return in ([uestion relates, unless the Court is of opinion that the trial could be held more conveniently elsewhere. An Appeal is allowed in Quebec to any three judges of the Superior Court of Quebec or of Montreal, and in the other provinces to the Court of which the Judge trying the Petition is a member. Such Appeal must be limited to a preliminary ob- jection, which, if allowed, would have put an end to the Petition, or to an Appeal from the decision of the Judge who tried the Petition on a point of law '. At the conclusion of the trial the Judge makes his report to the Speaker who communicates it to the House. 6. Officers o*' tue House. The Speaker. The Speaker is elected by the House ^ though aftei his election he proceeds, accom[)anied by the members, to the Senate Chamber to inform his Excellency t.he Governor- » R. S. C. c. 9, 8. 50. ' B. N. A. Act, 18G7, bb. 44, 45. m OFFICERS OF THE UOUSE. 139 General that the House has " elected him to be their Speaker." The choice of the Speaker is not " continned " and " approved " by the Governor-General, as it is by the Crown in England. Up to 1840 the election of the Speaker of the Legislative Assembly in both Upper and Lower Canada was always " approved " by the Governor, but such approval is not essential \ When a Speaker dies or resigns during a prorogation, the House of Commons at the oj^ening of the next Session adopts the English practice of pro-^eeding to the Senate Chamber and asking the authority of the Governor-General to proceed to the election of a Speaker according to law''. The duties of the Speaker are prescribed by Standing Duties of Orders, by the customs of the House, and by English pre- cedents. He presides over all meetings of the House ^, and receives and puts all motions. He communicates to the House all messages received from the Governor-General or from the Senate. If necessary he reprimands members and under the; instructions of the House commits persons to the custody of the Sergeant at Arms. He decides points of order, subject to an appeal to the House, and enforces all rules, and is the official mouthpiece of the House when an address is presented to the Crown or to the Governor-General. If the Speaker from any caus'. I;t'ds it necessary to leave Absruce of the Chair, he may call upon the Chairman of Committees, or in his absence, upon any member, to take the Chair during the remainder of the day\ If the Speaker is unavoidably absent the Chairman of Committees acts as Deputy Speaker ^ The Clerk of the House is appointed by Commission 'ihc under the Great Seal to hold office during pleasure. Ho ^''^'■^^' fS '(I, \i ! ■ 1 See ante p. 114. ■ Buriuot, p. 103. ^ jj j^ ^ ^,,j_ jggy^ ^ ^(^ * l\. S. C. c. 14, 8. 1. s lb, fi. 2, 7 Serjeant at Anns. It If !i 140 THE HOUSE OF COMMONS. acts as rccordcT and keeps the journals of the House. The CUtIc Assistant is appointed by the Speaker to assist the Clerk. The drafting of all public bills, and their revision after passing the various stages are entrusted to the "law clerk". The Sergeant at Arms is appointed by the Crown and acts as the chief executive officer of the House, fulfilling similar functions to those performed by the same officer in the English House of Commons. 7. Internal Arrangements. Each member is provided with a seat and a desk to which is affixed a card with his name. It is the duty of the Sergeant at Arms to see to the allotment of seats. Strangers are admitted to the galleries by tickets dis- tributed to members by the Sergeant at Arms, and to the Speaker's gallery by order of the Speaker. Strangers are not obliged to withdraw when a division takes place, but either the Speaker or the House may order the withdrawal of strangers. 8. Resignation. A member resigns or vacates his seat : (1) By giving notice of resignation from his place in the House. (2) By giving written notice under seal attested by two witnesses to the Speaker, or if there be no Speaker or if the member be Speaker, to two members. No member can resign while his election is contested, nor until the time during which it may be contested has elapsed '. > R. S. C. c. 11, B 12. KESTGNATIOX. 141 It i (3) By death. (4) By accepting certain offices '. The House of Commons on at least one occasion since Expnlsion the Confederation has expelled a member. Previous to bcrs!'™ the Union the Legislative Assemblies of Lower and Upper Canada had several times exercised the power of ox- pulsionl In 1874 Louis Kiel accused of the murder of Thomas Scott, was expelled as a fugitive from justice, and when he was returned again in lS7o, a new writ was ordered to be issued for the election of a new member " in the room of Louis Kiel adjudged an outlaw." • R. S. C. c. 14, ss. 5—7. See ,tntr, p. 129. * Sec cases in Burinot, p. 150. H •f ' f^ ■Mi, '(( nk 1 •BT, CHAPTER XIII. The Senate. ( V N. W. T. 1. Number. The number of scricators by the B. N. A. Act, 1.867, s. 22, was limited to 72, 24 being assigned to Ontario, 24 to Quebec, 12 to Nova Scotia and 12 to New Brunswick. On tie admission of British CoUinibia the Order in Council of the IGth May, l37l, assigned three senators to the province and thus increased the number to 75. When Prince Edward's island was admitted in 1873, no addition was made to the Senate, but in accordance with section 147 of the B. N. A. Act, 1867, Nova Scotia and Now Brunswick were each dejirived of two senators, and the four places thus obtained were given to the newly admitted province. Mani- toba by the 33 Vic. c. 3, s. 3, had three senators assigned to it under the powers conferred on the Dominion Parliament by the Imperial Act 34 and 35 Vic. c. 28, thus bringing the mimber up to 78. Any doubt as to the validity of the addition of senators by the last mentioned act was set at rest by the Imperial Act 49 and 50 Vic. c. 35, which confers on the Dominion Parliament full power to make provision for the representation in the Senate of any new province or of any territory. In 1887 a Dominion Act' provided that the North - West Territories were to be represented by tv,o senators possessing the same qualification as other senate irs. 1 50 and ol Vic, c. 3, f» THE SENATE. 143 The 2Gth Bcction of the B. N. A. Act of 1867 empowered Additional the Crown on the recommendation of the Governor- General, to direct at any time, that three or six members be added to the Senate. In Dec. 1873 the Canadian Privy Council, nominally "in the public interests," but in reality to increase the supporters of the Ministry in the House, advised that an application be made to Her Majesty to add .six members. The recom- mendation was forwarded by the Governor-General to the Colonial Secretary who, under the circumstances, declined to advise Her Majesty to comply with the request. "After a careful examination of the question," said the Colonial Secretary, "which is one of considerable importance, I am satisfied that the intention of the framers of the iGth section of the B. N. A. Act, 1867, was that this power should be vested in Her Majesty, in order to provide a means of briiifjinjT the Senate into accord with the House of Commons in the event of an actual collision of opinion between the two Houses. You will readily understand that Her Majesty could not be advised to take the responsibility of interfering with the constitution of the Senate, except upon an occasion when it had been made apparent that a difference had arisen between the two Houses of so serious and permanent a character that the Government could not be carried on without Her intervention, and whcTC it oould be shewn that the limited creation of senators allowed by the Act would apply an aderpiate remedy. This view is, I may observe, strongly confirmed by the provisions of the 27th section, which shew that the addition to the Senate is only to be temporary and that the Senate is to be reduced to its usual number as soon as po.ssible after the necessity for the exercise of the special power has passed away'." ' Can. Se83. Pftpers, 1S77, No. 08. ^ f i ' K f ' I.*"' T i ■!■,[ I ' II !| If Age. Subject. Property. 144 the senate. 2. Qualifications of Senators. By section 23 of the B. N. A. Act, 18G7, the qualifications ro(inire(l of a Senator are as follows : — 1. He must be 30 years of age. 2. He must be either (a) a natural born subject of tho Queen, or (b) a naturalised subject. Nattu'alisation is one of the subjects specifically reserved to the Dominion Parliajnent, and therefore an alien can only be naturalised by force of a Dominion or of an Imperial Act of Parliament. The status of aliens naturalised before the Union by a Proviiicial Legislature is recognised, a)id such subjects may be Senators. 3. His real and personal property must be of the value of 4000 dollars over and above his debts and liabilities. (a) Of this property a certain minimum amount must consist of freeholds of which he is seised for his own benefit. The lands referred to in the Act* are "lands or tenements held in free and common socage... or held in franc-alleu or in roture." (b) The minimum amount of freehold property is 4O00 dollars and such amount is calculated "over and above all rents, dues, debts, charges, mortgages, and incmnbrances due or payable out of, or charged in or affecting the same." (c) It is not necessary that the freeholds should be in the particular Electoral District of the Province for which the Senator sits, except in the case of Quebec Senators who are non-ri'sident in the Province of Qiubce*. 4. He nuist be re.side\ ■. in the Provinef for which he is appoint ed^ The Senators from Quebi e an an exception to ' K N. A. A. 8. 23, (31). «e(>V K'lOW. ^ 15. N. A. A. s. 23 (5). I ,1 i APrOIXTMENT OF SEXATOHs. 14o tliis rule, as it is sufficient if uou-residL'iits liave lli.' nal pi-operty qualificatiuu in the electoral (U\isiou thi whieli they are appoiutetl'. 5. Before taking his scat a Senator must subsci'ilx' tlic Oath of Allegiance, and make a declaration that he is diilv ([ualificd in respect of ])roperty for sitting in the Senate". Tn LS80 a resolution was adopted by the Senate by which every member is re(piired, within the first twenty days of the first session of each parliament, to take before the Clerk in the form prescribed by the B. N. A. Act 18G7, a renewed declaration as to his 2)r()perty (|iia]itiea- tion. A Senator is forbidden, under a penalty of 200 dollars a day, to be directly or indirectly a pai'ty to oi' conccnied in a contract with the government, but this is not to affect a Senator who is a sliareholdei' in a public company that has with the governnu'ut a contract not relating to the building of any public work'. All fpu'stions relating to the qualification of a Senator or to a vacancy in the Senate are heard and deternuned by the Senate''. 3. How ArPOLXTED. Senators in Canada are not, as in the United States, elected by the legislatixe bodies in the different .states. Thry are appointed by the Governnr-Ueneral, but iho (Ion niior- General in making the appointu>ents is reipiirod to Homin:ite a certain fixe