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'^%Mm

A MANUAL

GOVERNMENT IN CANADA;

OB,

THE PRINCrPLtS AND INSTITUTIONS OK

OUR FEDERAL AND PROVIKCIAL

CONSTITUTIONS.

D. A. O'SULLIVAN, ESQ., M. A.,

Of Osgoode Hall, Darrnt^ratLatv,

»<»»«-

TORONTO:
J. C. Stuart & Co., Pi ulishbrh, I .{6 Yonuk Strbbt.

1879,

Entered acconiing to Act of the I'arliamont of Canada, in the year one
t'lousanil ciglit hundred and seventy-nine, by D. A. O'SrnuvAK, in the
Office of the Minister of Agriculture.

TOKOHTO :
PaiNTED BY PaTBKK BOTLK,

16 Francis Street.

^g^fl

THIS LlTTLi: V\OKK

»•.

«V KIND I'KIJMISSloy, HKSHECTKrLLV IXSUKIRKI)

THK HONORABLK KDWAKI) HLAKK. Q. i\, M. P.,

■T

Thk Al'TIIOR.

vrphi

ADDICNDA I:T CORKIC. ICN DA.

The i"t';ulei will note the follow inj; corrections —

I'ages 54 ,incl 177— Members m Commons as »)rticiall>
returned, 206, insten<l of ^04; Ontario sendinp 8H, New
Brunswick. 17, ami Nova Scotia, 20 ; the other Provinces as
in the text.

Page 136 -The C'oinmissioner of Agriculture should Im*
bracketed with the I'rovincial Trens-irer, instead of with the
(Commissioner of J'ublic Works.

Page 140 — Im'I ('oinmissioiier of Public Works read Pro-
vincia) Treasurer The Treasurer has .dso iharge of Asv-
lums. Prisons ami Public Chanties and the returns are
maiU- to him, and not to the Provincial Secretary, as stated
on pajje 141

The following' 'Tre references fi)r ihanyes to be uotc!.| in
the l-egislation of iHSo -

A High Commissioner of Canada is now speciallv en-
trusted with the genetal supervision of nil the political
material and financial interests of Canada in l'.nglan<l, and
• Kcupies a (/»n5.'-<lii>loinatir position at the (^oiirt of St.
James, with all the social advantages of such rank and posi-
tion. He is rcpit'sentativc and resident agt-nt of the Hinnin-
i<n in the Cnited Kiii'.:doni. ami Iw-sidcs lia\irg the charge,
supervision and control of the Canadian liiiiiir.,'iation ( )ffices
th>'re 'may In* calli-ii upon to perform such duties ^s n-.ay be
tor.fj-rred upon or as-;igned to him by the (iov ..or in Coun-
cil It is intended that such Commissic ,er should be a
menber of the t,)ueen >. Pnvv Council in c mad.i.

A new Department i>f the Civil Servic* of ('anada, < ailed
the I>epartment of Indian .\ftairs. is » esiiled over by the
Minister of the Interior as Supei intendent-Cieiieial <'f Imlian
.\fiaiis Si-i In ban .\ct 1S80

Addenda tt Corri^tnda.

I'ndrr the Depart mm t <if the Minister of f''inance. sec
r>«)minion Statute of 1880, as to further provismn respcctinp
the isHiie itf Dominion Notes

Powers are now j^iven to any Minister presidniK over a
I)epartment of tlie <:ivil Service, with the authority of the
<i<>vernor in Council, to have the workings of the l)epait-
ment investigated, and all necessary powers f{iven therefm

The vjveral Acts referring tf> the North West Territories
are amended and consolidated by Act of this year. Addi-
iinnal |«wer ir. given to the Supreme Court as tn amendment
and new trial, and some useful lexislation as to evidence in
criminal cases.

The amendtiieiits nf the Ontario I .cKislatiiie wortin of
licinti noticed are : —

Transfer of depa:t mental vvori% fioin the Coinniissioner of
.XKricuItun- to the Minister of ICducation, and some .\cts
relating to :he Agricultural CulUge and the Ontario Kef irma-
tory for Ht>ys. An Act passed in reference to ('oroners In-
qaf*sts will pnibahly l>e re|->ealed c»r amend»'d next Session.

.\ct in lefeience to Keturns under Oath from the Countv
Att'»me\s and Clerksof the I'eace

The student can i«ad, as cnnhrrning the view taken in the
text rs-garding s<ime debatable points, Lenoir r Kitchie, and
smce reported in the Supreme Court ; and the appointments
ii3 the Cniiitiiti (intftte who were previously named for that
honour by Provincial authority.

The writer hopes to make a second edition of this work
more complete an»l systematic, and to add a number of im-
(onant State Papers and Legislative .Acts, so as to make it
worthv of the very kind reception given it by the public.

NoVEMBKK. ihho.

PREFACE.

In the compilation of the following pagCN the writer
lias endeavouroil to make a fair use of hucIi materials ai*
were within Ium reach, in or<l«»r t<J otTect the ohject he
intended. Treceded by no writer on the Huhject, and
de»irou« of rejecting hucIi (contemporary opinion a»» wap
neither jixliiMal nor ofticial, nor otherwise authoritative,
he ha8 found the ta^k not at all an eatty one. From the
number of diHtinguiHhed Constitutional Ijiwyers in
Canada, and especially in this Province, one might have
been justiHe«i in tlie expectation that something more
permanent than a speecli at the hustings, or a pamphlet
in some party issue, would have remained as instructive
reailing on the subject. As to contemporary opinion,
very litths of it is entitled to grave consideration.

It is needless to say that the writer lias carefully
ftvoided using any jjublic expression of opinion, no
matter how authoritative it may ai>pear, unless it bore*
the stamp of some authority with it. In regard to
decisions of the Courts an<l judicial dicta on the subject;
the former must of course be taken to be law ; the latter
carry weight proportionately with the reputation and
Ability of the particular .Judge juonouncing them. It
must be admitted that a Ju<lge, in construing our Con-
stitutional .\ct, or any section of it, or any Statute in
fact, familiarizes himself necessarily with the spirit of
the Act ; antl if he goes out of his way to express an
uncalled for opinion, or what may be deemed luicalled

▼I PREFACE.

for, il iM cortainly hrciiUHi; on tiiiit point lie im.s nodoulit
whatever. .Iiid^^os Imvo plenty to <lo in (iociiiing in tlie
*li8put«'s inun(i<liatoly tu'Tont tlioni : and it is to bo «x«
poc.tcti that hotW^'o i^onununting on any foroign Hubje«'t
thoy gonnially n )! have entertained ntron^ vie\v» on it.
The writer niake-> no apology for regarding such dicta oh
entitled to great i;on.sideration ; and (inly regrets that he
wttH unahle to tind more judi(;ial utterances in the \mw
Ueports than are incorporated herein.

Hie utleraneeH of any of our puhli*' men, speaking in
thoir oflicial capa(;ity as servants of the Crown jind
(,'ountry, an« deserving of consid»«rjition next only to
what must l>t' n'gunh'd as settled law. Tin* writer has
faith in the polituuil morality of our lea<ling statesmen
to the extent, at least, that no one of them, acting in an
official or, as may he said, a judicial position — as adviser.**
of the Crown, as trustees of the Constitution— would
permit his juilgment to he biased by a more j>arty sj)irit,
or for a temporary party triumph.

If it be otherwise in Canada, then it is time we were
governed without party, as that term is now understood.

Accordingly, all official papers aiul correspon<lence,
both of English and Canadian Ministers while in office,
bearing on the subject, have been freely used.

None of the other sources need comment.

In his task the writer has consulted no one, and asked
no one's opinion. It is only fair to state this, as it may
well happen that in a ivork which was the joint produc-
tion of the writer and others, any excellence in it would

»?

P UK FACE.

VII

b<» nttt'ihtiteil to thorn luxl tho ilof.'Pts to himsolf.
WlmteviT tlicro is in this hook «h^.s<•^vin^ either of
prtiiso or hhimo, is uttuchiihh^ to tho writer, ami to no
other person.

It was originally inteixh^d to make the work <'(»ni|'lete
for each IVovinee as to th«^ Exociit've DepurintMnt^jind
to a<M the Courts of I^w thereto. This wasiif mtloned,
partly hecanse some necessary inforrnat*' froi i profes-
sional I'entlemen in tlm other Provint "s <tid no; ciotuc to
hand m time, and also he aiise, if rumor In true, a
description of the Courts in Ontario as they are now con-
.stituted, may not apply for any huigth of time.

Some other alterations were made ii! tlio i>hin of the
work aft<u- portions of it weio in type.

The in<hil<;ence of the pul>lic will liuve to he asked in
regard to any errors in this edition. Though in contem-
plation for some time, it was entirely remodeled and
re written within the jiast two months ; and it was put
through the press very rapidly.

The writer acknowledges with pleasure tlio assistance
he has received, hoth in the preparation of the Index
and otherwise, from Mr. C. L. Mahony and Mr. .A. A.
Archhold, Students-at-Law.

Toronto, Decemher, l^TU.

PLA N.

tntroductory '' *"■

Historical Sketch of the Constitution in Canada. ... 7

The Federal System

The Constitt,tion of Canmla and its Institutions. ... 23
The Provincial Constitutions and their Institutions, 119

The People and their Kights jg-

The Judiciary-Law and the CouHs ''. jyo

British Court for the Colonies oqo

Canadian Courts for the Provinces .......'."'.' oqs

The Criminal U„-_it.s Procedure and Officers ...... ojg

Conclusion....

234

<Teneral Index .

237

•mmmmmm m-v-f^

TABLE OF CONTENTS.

PAOK

iNTRODrcTORV— l)etiniti<^na, etc. ...... . . |

CHAPTEH I.

Historical Sketch of the ("institution, 17(10 1807 .. i. 7

CIIAPTEH II.
The P^ederal Systt-rn (tf (ioveniment in ("anadu . . . . 16

CHAPTER ill.
The Constitution of Canada /, .... 23

' CHAPTER IV.
The Parliament of Canaihi -The Crown 31

CHAPTER V.

The Parliament of Canaila Tlie Senatt- . . <§§

CHAPTER Vi.
The Parliament of ( 'anad a Tliu ( ommons .. .... 53

CHAJTER VII.
The Powers of the Central and Provincial Legislatures . . 57

CHAPTER VHI.
Procedure in Parliament Hills ,;-

CHAPTER IX.

The Privy Council of Canada -j

X TABLK OF CONTKKTS.

CHAPTER X.

I'A.il.

Atlininistrative ( Jovennin'iit 'I'lu-l roMii. tin- I'lii'lianu'iit

and the I'livy <"i>uneil ~*.)

CHAPTER XI.

A(li)iiiii.stiativ(' iiovcniiiiciit The Miiiistt.'is" |)e[)art-

inental Duties ,S4

CHAITER XH.
Adiniiii.strativi; (Joverninent Tlie Department i>f .Fiustice So

CHAJTER Xni.
Administrative (Joveniiuent -The Department of Kiuance 87

CHAPTEI{ XIV.

Administrative Ijovennnent The Department >>i Agri-

eulture '.M

CHAPTER XV.

Administrative (Government The Department of Seere-

tary of State of Canaila !•">

CHAPTER XVI.

Administrative (Jovernment Tlie I)ei)artment of Marine;

and Fisheries i'S

CHAITER XVII.

Administrative (Jovernment -The Department of Militia

and Defence lOU

CHAPTER XVIII.
Administrative ( Jovernment -The Departmentof ( 'ustoms 103

CHAPTER XIX.

Administrative (Jovernment Tlie Department of Inland

Revenue 104

TABLE OF CONTENTS.

I'A.il.

71>

.S4

••8

VMiK

CHAPTER XX.
AdniinistratMuCJovermnent -The Department of Jnterinr ItHi

CHAPTER XXI.

Administrative (icvenunent The Post Office Depart.

•"eut lOS

CHAPTEIi XXIL

Administrative (ioveninient The Department <tf I'ublic

Works, Railways and Canals j])

CHAPTER XXI IJ.
Ke venue and Assets t.r Canada .. .. .. ]|.5

CHAPTER XXIV.
The Provincial ('on.stituti«ms ]]i)

CHAPTER XXV.
The Lieutenant Cdvernors J04

CHAPTER XXV J.
The Provincial Legislatures

I2S>

CHAPTER XXVI [.
The Pr<»vince of Ontario j^^

CHAPTER XXVIII.
Executive ( Mtvernment in Ontario 140

CHAPTER XXIX.
The Province of i^uehcc

I.-).S

CHAPTER XXX.
Nova iScotia and New Brunswick

l.">7

CHAITER XXXI.
Mitnitoba .. .. |-,r)

■p

(• !

Xn TABLK OF CONTENTS.

CHAFITJt XXXir. p^oii

BritiHh ( 'dluiiiltia 101

cHAFrER xxxni.

I'rinct! Ktlwanl Island U52

CHAFrElt XXXIV.
The North West Territories 164

CHAFFER XXXV.
The District <»f Keewatin UiG

CHAFPER XXXVI.
The People Su}»ject», Aliens, Titlfs, Precedence .. .. H)7

CHAFFER XXXVII.
The People 'I'heir Rights- Kepresintatinn 17(>

CHAFFER XXXVIII.

'I'he Pe«»i»le Their Rights I'uhlic Meetings 181

CHAFFER XXXIX.

The iVojile 'I'heir Rights Petitions U* Parliament . . 184

CHAJTER XL.
The Pe«»i»le Their Rights - Liberty of the Presa .. ..180

CHAFFER XLI.

The People- Their Rights Local Administrative Gov-
ernment 189

CHAFFER XLII.
'Fhe . Judiciary 1-AW and the Courts i;>2

CHAFFER XLI II.
The Judiciary— General OfKcers of the Courts .. ., 197

PAOH
1(31

102

U57

181

TABLE OF CONTENTS.

<'HAI'TEH XLIV.
The .Jiidioi.il Coinmittco of tlie Privy ('«,i,ncil . .

CHAPTER XLV.
The Supreme ( 'oui-t ctf ("aiuKla

CHAPTER XLVI.

'I'hi' Exche<iiu'r ( 'ouit of ( 'anada

CHAFl'ER XLVIl.

Proceilure ill (Viniinal Law ..

• • • • • • • •

CHAPTER XLVirr.

Criminal La« OfHcers -Justices of the Peace .

CHAPTER XLIX.

Criminal Law OfHcers Coroners

CHAPTER L.

Criminal Law Orticers -County Crown Attorney^

(><mclu(ling Ciiapter

CHAPTER LI.

Xlll

paox
.. '202

.. •-»()«

.. -JU

.. JUi

•2-M

.. '2'2H

. '2:v.i

180

LIST OF AUTHORITIES

l-SKI) I.\ THK IM.MEDIATK PRKl'A RATION OK THIS WOUK.

(

fl -

Bagkhot — The English Constitution.

Bi.A(K>TONi:*.s (.'omnientaries.

BoiKNi: s Story of Our Colonies.

Chai.mkks' Ojiinions of Distinjruished l^awyers.

Chitty on the J'rerogatives of the Crown.

Clakk's Colonial Laiv.

Coolky's Constitutional Limitations.

Cox's British < 'onunonwealth.

Fini.ayson's History of the i'rivy Council.

Ham-am's Constitutional History of Englantl.

HoDcjiNs' Voters' Lists.

Lattky's Privy Council Practice.

Macfiks liritish Columbia an<l Vancouver's Island.

Martin on the < 'olonies.

McDoNAiji's British Columhiaand Vancouver's Island.

Mc(ikk(;ok'> British America.

Ordkk.s in Council — Im])orial, Dominion and Provincial.

Pomkkoy's Constitutional Law.

RKroKTs of Englis!' and Canadian cases in the Privy
Council, .'<ui»ieme and Provincial Courts.

Ri'i.Ks of the Senate, Commons, and the Provincial As-
semblies.

Seuowick's Constitutional Law.

Se.ssioxai- Papers— Dominion and Provincial.

Statk Papers and (>i»inions of Officials on Constitutional
points.

Statites — Imperial, Dominion and Provincial.

Wat.son's Constitutional Ilistorv of Canada.

mif^'i-wmmmfff^^'

INTRODUCTORY.

Thk following' P''iM»''^ iii'f iiit<!iultMl i"«>r the assistance
of tliosc vlu) arc unaciiuaintcil witli the inat'liineiv nf
rfovciiniii'iil ill Canada, ami who are anxious tn know
so!nt'thin<j;ot' its ('(Histitutinii. its jRiwcrs anil its objeiits.
It is not t(i he cxpoc'teil that within the limits of a few
humlrcfl pages it could !>•■ of assistancr lo those whose
attention has already Ixcn turned to the sulijcet ; and
that, Ihrrct'ore, it wouM i)e a hook to rt-icr to on dis-
l>ut('d or douhtt'iil points of (.'onstitutional Law. it
will siitisfv the expectation of the writer if it can be
made to till a want in our schools and colleges, or if it
soiiietiim.'s supply intormation to the legal student on
])oints when; the lack of Canadian autlioiship may
liav«! left him in ignorance. When the elementary
knowledge contained in the following pages is as well
known to the youth of tliis Province as the ( Jeograpliy
or (Iramniar taught in our schools, (tne may reasonal)ly
hope that an ela])orate and exhaustive work on the
Canadian Ct)nstitution may tind some writer willing to
grai)j)l(! with the subject, and not a few readers who are
already ]>oste(l on its timdamental points. The aim oi
this little Hand Book is to furnish such information
on the manner in whiih we are governed as t'very
student shouM know, and to iurnish it in as plain lan-
guage as the subject will j)ermit in tin.' hands of the
Author.

It is beyond ([uestion that in our schools and college.s,
and even in our universities, nine-tenths of the students

Iiitnuliirtory.

and giadiiiitfs are almost in utt«r ij^'iuiniiUM' of any
accuratu knowlt'ilj,'o of tlie C'on.stitution tinder wliicli
they live, or of the machinery of State which makes,
exjioiiiids or carries into execution the law of the land-
This is certainly to he deplored ; ami the «;aus«' of it
lies maiidy in the fact that there is no elementary
Canadian work which is accessible to them, or whi(di is
made a part of tlieir education. The aim of the present
work is to place the frame-work oi the Constitution of
Canada before the young public and tt» draw their
attention to tin- process of making laws ant! carrying
them into execution.

The learn«- 1 reader l»earing this in mind need not,
therefore, exjiect much more in the perusal of tlie
f(»llowing pages than without which is ignorance indeed.
What the position of alfairs is c<»nceived t(» be will
be stated in the writer's conclusion drawn Irom the
authorities on the subject; but no speculations will be
attempted as to the solution of the many dithcult
(|U('sti»jns that can. and no doubt will, arise under our
Constitution. A treatise on these «|uestions must be
left for other hands, and will then be addressed to a
diflerent class of reailei-s to that intended to be reached
by the i)resent one.

In this connexi(jn it may be necessary at the outset
to define some terms used hereafter, which may pivvent
any confusion of ideas on the subject. In order to
obtain an exact notion of a term much used —
that is the Constitution — the young student is asked
to regard the peo])le of this country in the light of two
classes or bodies — the governing body or rulers, and
the governed. The rulers and the ruled both form
the i)eo])le who agree with themselves, or a portion of

I at rod actor If ^

■ult

1)0

<) a

l.St't

•lit
to

.1—

K(.hI
;\vo
and
n'ln
of

thfinsclvrs nitliur, as t<i tlio iimiiiHT in wliidi they are
lu bt' <^ovcrn»'<l. This ai^iccnient <»r undnstantling
ln'twcen a ]>t'o|»l(' and their masters is their Constitu-
tion; and sohv the < '(»nstitution i>f ( 'aiuuhi is nieant tlie
agreenient llie j)et»phf liave witli themselves as to the
manner in which tlie Government nf the countrv is to
be earried im. ( M' course, C'anaihi 1>ein<^' a (h'pendency
of (h-eat IJritain, any such aj^'reement must have Ix-en
necessarily submitted to and a|>j»rove»l of by the
Mother country — .-he bavin;,' a voice in the matter.
In a free Statu or Nation, htnvever, the people ayv the
source of all power; an<l when they determine on the
manner in which they are to be governed, on their
Constitution in fact, they are final and supreme judges
of their own mode of (Jovernment. What has l)een
said will explain the meaning of another word, Gi>7'-
t'nitninf, which is ambiguous and capable of creating
much confusion in its different applications. In its
tru»; and bi-oad sense, Ciovernnient means the carrving
out of the Constitution — the task of gcn'erning the
people according to the understanding had with tlu-m.
In Canada, as in Kngiand, the task of carrying on the
(tovernujent of the country is, ])y the terms of the
(,'onstitution, entrusted to persons called Ministers of
the Crown, who are collectively called the (Tovernment.
This impoiiiiut body is also styled the Ministry or
Atlministration, and sometimes the Caliinet or Cabinet
Council, but their pri»iier appellation here is the tjueen's
Privy Council for Canada. iJeference will be made
hereafter to the strict use (»f these terms, it being
sutticient for the present to state that the (Jovernment
of the country, using ( Jovernment in its broad sense, is
carried on by the u sistance and on the advice of Privy

Tntnxhictnrii.

CuiiiKillors, piojK'ily so-ciillod. (iovcrniin'iil Ix'iiin
♦'flTd-rtj'*! Ly /(f7i>s, tlu'so Coiiiirillors iire ni'^poiisil)!*,' f(»r
all laws that are cnuf'tcHl. Tlioy provide means for tlic
int<Tj)i"ctatious of tlu'sc laws or statutes, and it is their
duty to see that tlie laws are earrieil into ell'eet. Tliesr
are the three innetions of (Jovernnient — its he^isla-
live. it« .Indicial and its Executive luneti«»ns. So far as
its ju<li«-ial functions areconecrnod. they are carried >>n[
1)\" means of jnd^^es ajtjKiinted lur tliat purpose. Winn
the I'rivy ('mineil, insteail n|" (iirryiuL; nn purtions of
the (lovernnieiit l>y means .if .lud;,'es, administer
themsidvcs directly, it is rallfil adniinistratiNc (l<»v-
ennneut. and is a l»rani li n| tlic lv\ccuti\('. The
acting I'rivy ( "ouncillors arc iIk'M usually called the
Adjninistrati«»n Imm this fact.

The Privy Council oi- Administration have, theiefoic.
the whole task, of < iovernnicnl in their liands ; hut in
every step they take they must have or (.'ount on the
support and approval of ]\irliameut, and es])ecially of
that portion of Parliament calh^l the Commons, who
rejM-esent and are elected hy the people. The Admin-
i.stration is answerahle to the peoj)le through the Com-
mons, and this is what is meant l>y Ikisponsihlc or
Constitutional (loviH-nment. \Vlien an Administration
«loe.s not j^overn the people as they Mant, the people
ean turn them out of ollice at the next elections, and
send in Connnoiiors to support an Administration in
accordance with the popular will, A double safe-<,niard
in Canada is that the persons comjtosing the Adminis-
tration nnist either he Senators, or must be elected as
dmmoners, in order to entitle them to fill the position
of niend»ers of the Administration.

It !-

Introduftoni.

Tilt' s( iciK I' (ir the art which treats of thr;_'uvurii!miiit
«»r thr atliuiiiistratioii nf the Katinna! "T puhlir atlairs
i»f the ('•nuitrv is '•allfd /'>////<■.».

The policv (»r ads nf any jiarti .ilar Ailiiiiiiistnition,
when viewt'd as hcntti<ial to th.- (.imiitry or otherwise,
are ralleil Tolitics al>(», hut more prMperly Party Politics-
It is a tliscus.sion ami eritieism on the Atliiiiiiistratioii,
and oil its siii)|»orters the parly in power, the ruling'
party, usually upholdiiiu their acts j and the party iint
in j>ower, the ( )ppositiwii. Ikmiij^ tidverse thereto.

These short (h'tiiiiti<»iis. it is tn In- hoped, will imt
Ite ruiisidereil out of place lift'ore tlu^ suhjrrt in hand
la taken up. No atttsmpt is made at elahurate exact-
ness in defijiini^f these terms ; all that is intended is to
give a comparatively correct notion ot" them with(»ut
misleading the reader.

In order to prepare the student for viewing the
Constitution of Canada as it is, a ihajiter will first
of all he devoted to what it ha> hecii in some of its
previous phases ot' existence.

III

CHAPTKi: I.

SKKTCM (»K OCR (OXSTlTITIoNAI, HISTnllY.

• Up to tlio middle of the last century nearly
the whole of North Anieriea was owned partly
by Enf»' il and partly by Franee. England
lost a laijj[e portion of her possessions by the
revolt of the thirteen colonies in 177r», when
the Declaration of Independence of what are
now the United States was signed, and these
colonies severed their coilnexion with the Mother
Country. Prior to this, in 17()(), France lost
her Dominion in the New World, not to the
Colonists, but to the PjUglisb, who captured
Quebec : and this French territory the English
yet retain, and is included in the Dominion of
Canada of to-day. The inhabitants, numbering
between sixty and seventy thousand, were mostly
French Canadians. For three years the Colony
was governed under military rule of the Eng-
lish, but the French laws were administered.
Canada being a colony by cession, its new mas-
ters had a right to impose such laws on it as
they chose, subject to any treaty that might be
had between the contending parties. In Feb-
ruary, 1763, the Treaty of Paris was signed : and
by it Canada, with all its dependencies, was
ceded to Great Britain. By a proclamation in
October following, Quebec was to have a Governor

'■■i

8 Mduiial of (iorrrnmoit in C<niiuJ(i.

in the person of General Murray. Promise was
made for tlie summoninj^' of a General Assembly
to aid in the government of the Province ; but
this promise was in reality a dtad letter, as no
Assembly wa'< ever called.

The Governor and his Council administered
English laws to a Colonv of French Cana-
dians, and great dissatisfaction was the result.
In 1774 the Colonists presented petitions in
England for the redress of their grievances.
In that year the Quebec Act was passed, which
made matters far worse. The lioyal Procla-
mation of 17()8 was revoked, and so the French
laws were left in force, except as to Uninal
matters, upon which the law in England was
to rule. An Advising Council, whose ordi-
nances were binding, except as to the impo-
sition oi taxes or duties other than for public
roads and buildings, was organized ; but no
Assembly, to be elected by the people, wa?
granted in this Act. The Council consisted of
not more that twenty-three members, and every
ordinance made b}' them was subject to be dis-
allowed by the King, The Quebec Act, denying
the Colonists any share in their own Govern-
ment, w^as disliked by the Canadians and other
North American Colonists; and, indeed, it was
one of the Acts of the Mother Country which
drove the latter to assert their independen.^e.
Canada, however, remained loyal to Great Bri-
tain, though not without frequent murmurings

MdHMiil of Gorcriuitcitt in ('((inula.

at the irresponsible Government under which
the Colony Avas ruled. In 177<> the other British
Colonies brok<' siwuv froju Great J^ritain and
formed themselves into the United States, as
has been already mentiontd.

It was not till i7*.>l that England became
alive to the importance of conciliatinj; the
Canadians, and of f^rantinj^ them a Constitu-
tion under which they couid have a share
in their own |[:jovernment. In that year what
is known as the Constitutional Act (31 Geo.
III., cap. 81) was passed, and in it the
Quebec Act was repealed and a Constitution
granted to Canada. By its provisions the Pro-
vince of (^)uebec was divided into Upper and
Lower Cannda for the Englifih and French
settlers. The boundary between the Provinces
was then determined, and renniins the same till
the present day. Ample machinery for the gov-
ernment of each Province was provided in the
persons of Lieutenant-Governors, Houses of
Assembly, and Legislative Councils. The Lieu-
tenant (lovernor appointed the menibei.; of the
Council ; the people elected the members of the
Assembly. In Upper Canada the Legislative
Council was composed of not less than seven
members, who held their seats for life. The
members of the Legislative Assembly in Upper
Canada held office foi- four vears. In Lower
Canada the Legislative Council was composed
of not less than fifteen members ; the Legisla-

,4 »•.,•«■, « |> S

■ . • ./

10 Manual of Govcrrment hi Canada.

tive Assembly of thirty members. The Houses
sat every year, and before any measure became
law it Avas necessary that it should be approved
of by the King.

The first Le{:?islature for Upper Canada, under
Lieutenant Governor Simcoe, met on the 18th of
September, 17i)2, at Niagara. x\ll the procedure
of the British Parliament was imitated as nearly
as could be by a very young colony, and in the
very unpretentious log building provided for the
assembled legislators. Certainly no Provincial
Legislatures so nearly approached in constitution
the pattern from which they were taken as the
mimic Parliaments of Niagara and Quebec under
the Constitutional Act of 1791 ; for their Lieut. -
Governors and Commoners were scarcely any less
than those of the i^resent day — their Legislative
Councillors were more than our Semitorial dig-
natories. A hereditary right to sit in the House
was in some cases recognized, similar to the
Peerage in England, though this transplanting
of aristocracy did not seem to thrive in a new
country.

The new Provincial Legislatures made such
laws as were approved of in England. All laws
in force before 1791 were to be effective till
altered or replaced by the new legislatures. The
first proceeding in Upper Canada was to make
the law of England the law of this country in all
things relating to property, civil rights, and trial
by jury, thereby remedying the Act of 1774 as

I I

M. O. JOHNSTON.

BARRISTER, Ac.
OOOKPllCHt - C •

Manual of Gonrninent in Canada. 11

applied to British subjects. This Act is more
important, however, in a legal than in a constitu-
tional point of view. Several other important
Acts were passed in the first session, notably the
one abolishing slaver\'.

The Act of 1701, tiiough in a great measure
remedying the difiiculties that two races offer to
the legislator, was only a step towards self-gov-
ernment. Notwithstanding the assumptions of
Parliamentary power the Provincial Legislatures
possessed little of the omnipotence of even a
Colonial Parliament. The power of disallowance
in the King was in theory at all events a possible
check on the most popular Act emanating .
from the Colours and in practice it gave rise to
murmurings and discontent. The Lieutenant
Governor and his appointees, the Legislative
Council, were in effect the disallowing parties;
and it became a question who should govern the
Provinces — the members of the Assembly elected
by the people, or the irresponsible advisers of
the Crown.

This form of our Constitution lasted for fifty
years in Upper Canada, but was suspended in
the lower Province at being found impossible
for the two houses to work harmoniouslv. The
struggle for Responsible Government, which cul-
minated in deeds of violence in both Provinces
began early in both. It was not, however, till 1888
in Upper Canada that the Home Government
took steps to remedy the existing evils. Then the

Mainiul of (iorrniiin'iit iit ('(Uui<hi.

■ i

British (idvcniiiit'iit MLjuin took up the question
of Colonial (lovernniejit, and what was called the
Union Act of 1811 was passed, by which Upper
and Lower Cannda were united into one Colony,
with one Lef,nslative body for both Provinces.
Under the new Constitution j^iven bv this Act the
benetitsof PiesponsibleCtovernnient were accorded
for the first time to British Colonists in America.
Laws for both 'Provinces were enacted in a
Legislature which sat alternately in Toronto and
Quebec — sixty-two mend)ers representin<jj each
Province. Of these \'l were elected by the people,
and 20 a])i)ointed by the Crown as Le<jjishitive
Council. After fifteen years experience of this-
form of representation a new feature was intro-
duced. The Provinces were divided into electoral
districts — IS for each — and a representative
elected for eacli district, twelve to go out at the
end of every two years. This gave only partial
satisfaction ; and besides, a number of things
occurred to make the problem of discovering a
suitable Legislature for the Provinces ditbcult of
solution. The differences of race, of religion,
were as frequently dilliculties in the way of
harmonious government as at any time since the
cession. 'J'he seat of C4overnment was also no
trifling nnitter of arrangement. Up to lc.4i it
was pnrtof the time in Toronto and in Kingston.
After 1.S49, when it was removed from Montreal,
the Legislature sat alternately at Toronto and
Quebec.

Mtuuial of (r()vern)ncnt in CdiKida.

IIJ

111 18."57 the project of Coiifedcratin*; the British
jiossessioDs iidjoiuing the Caiuulas was taken up.
After a number of conferences and resolutions
four out of six I'rovinces agreed to a union on
a federal l)asis, which caine into force in July,
1807. ■ The (jl)ject of the f;)lIowin,L; i)ages is to
give some idea of tlie details of the new Consti-
tution under the Jh-itisli North America Act of
1.SU7. it is the sixtli change thai has takt-ii
place for the old Colony of Canada since 17111) :

1. Military (iovornment ol' (renoral ^ruiniy, I7()0-I7ti4

2. Civil Government by Governor jind f 'ouncil, 1 70 1- 1 774

o. Govei'nniont under the Quebec Act i77417'.H

4. Govenuiient under the (."onstitutioual Act, I7'.H-1S41

."). GovernnK'nt under the Union Act IS41-ISG7

(■». (iovernment under tlie B. X. A. Act 1S(')7

No references could fairly l)e made here to the
negotiations and conferences which led up to the
Union of 1867. The result was a new departure
m Colonial Government — the Provinces, retaining
control over a great part of their Local concerns,
were federallv united into one J)ominion or

ft/

Colony, which legislated for them on all other
subjects.

Of the constitutional history of Nova S(;otia
and New Brunswick, prior to their admission
into the Federation of 1807, l)Ut little need be
said. Nova Scotia, fornierlv Acadia, was a Pro-
vince of France up to 17115, when it was ceded
by the Peace of Utrecht to (jreat Jiritain. In
1758, a Constitution was granted it ; and by it a

U ii

14 MdiiKil of Goccriimcnt in Canada.

) '

i :i

Governor, a Lep;isLitive Council, and a Legis-
lative Assembly, made laws for tlie Province.
Nova Scotia comprised also the Island of Cape
Breton. New Brunswick, prior to 1784, was also
part of this Colony. The tirst Legislative
machinery of New Brunswick was similar to
that of Nova Scotia, except in the peculiarity
that the Executive Council of the Lieutenant-
Governor, consisting of twelve members, i)os-
sessed Legislative capacity. The Constitution of
these Provinces remained the same after the
passing of the British North America Act,
except as to certain points noticed hereafter.

Prince Edward Island was taken possession of
by the English in 1758. After the treaty of
Paris tUe Island and Cape Breton were annexed
to tiie Government of Nova Scotia, and after-
wards separated. The Island had the same form
of Government, prior to its admission into the
Federation of the Provinces in 1873, as Nova
Scotia.*

The Governor of Canada was Captain Gene-
ral of British America, but did not interfere with
the administration of the other Colonies. These
were presided over by what were called Lieu-
' -^napt-Governors, though they were governors in
'■•erything but name, being commanders-in-chief
Y, Ithin their provinces and taking precedence next
after the Governor of Canada, t

* See Clark's Colonial Baw. McGregor on British America. Howard's
Colonial Law.

t See McGregor's British America.

MiDiual of (iorcrnuwnt in Cdnadu.

^egis-
vince.
Cape
,8 also
dative
lar to
liarity
^naiit-
,, pos-
tioii of
21- tbe
L Act,
er.

sion of

ity of

iiiexecl

after-

e form

to the

Nova

British Coluirbia and Vancouver's Island were
formerly part of the Hudson hay Territory.
The latter in 1848 was assigned to the Comi)any
for ten vears, and about the end of that time it
and the mainland were taken away from the
Hudson Bay Company and formed into separate
Colonies. In 18(»G they were united under one
administration. Previously in 18();3 a lioyt^l
Governor was sent out and a Government f(jrnied,
one half of the advising Council being composed
of Government officials and the otlur half elected
by the i)eople of the Colony.*

Manitoba and the North-West Territories had
no separate political existence before forming
part of Canada. They were portions of Prince
Rupert's Land, ceded to Canada by tiie Home
Government.

* See Muctie's Uritisli Cohuiibia, Macdoiiald's liritisli Culunibia, or
Eouruea' Story of our Colonies.

Gene-
\e with
' These

Lieu-
liors in

■chief
ie next

[oward's

lii

CHAPTKI: II.

TIfi: FKDKRAL SYSTK.M «.F »;OVKKNMi:XT IN' ("AX.VnA.

TnK (.'onstitutioii inuler wiiioli we in Cuiiiula
]\\v and are f:,'overne(l is a new (lei)arture in the
history of Colonial (rovernnunt. We have
glanced over the various experiments made l»y
the Provinces now composinj^ tiu' J)ominion of
Canada in tlie solution of satisfactory *j;overn-
ment : and tiiev are ''enerallv seen to 1k' com-
posed of a Governor, a Legislative Council, and
a Legislative Assenihlv for each Colon v or I'ro-
vince. ^lost of tiiese Colonial possessions were
heretofore all outlying fragments of the Empire,
with no cohesion and no nationality, with noth-
ing in common except the tie to the Mother
Country. The scheme of uniting the Provinces
had been long in contemjjlation. It was felt
that at least everything which they had in com-
mon miglit well he decided in one central legis-
lature : and that if one b(jdv could not direct all
the atlairs of the ditferent Provinces, they could
manage such interests as were not antagonistic.
The example of a great and prosper(>us Piepuhlic
was at hand as evidence of the success, or at
least the possihiiity of a Federac}', where each
State managed its own local concerns, hut dele-
gated certain powers to a Central Government,
to be held and exercised bv them in trust for the

% I

Manual of Government in Canada. 17

whole Union. There were, on the other hanrl,
the traditions of the (Toverununt of Great Bri-
tain, wliich are the inheritance of all her present
and past Colonies. The present Constitution
is the result — the unintentional result, perhaps
— of a Federal system somewhat analogous to
that of the United States, so far as the distrihu-
tion of legislative power is concerned, and yet
heing very different from it in the underlying
principle of its Constitution. Like the States of
the Union, the Provinces of the Dominion are
united for some purposes, and separated for
others. There is n federacy — a union for mat-
ters of general and, one might say, national
interest ; there is a separation for matters of
local or internal interest.

This, however, is prohahly the only point of
resemhlance between Government in Canada and
in the United States ; and it will be seen pre-
sently tliat there is a great difference even in the
distribution of these powers. The study of the
United States Government becomes somewhat
useful in regarding our own, which is indeed a
a mixture of British principles and of Institutions
unknown in the British Constitution, but familiar
in tiie United States.

A Republican form of Government, such as
exists in the United States, has in theory little
in common with the British form of Government.
The similarity of President, Congress and Re-
presentatives at Washington to the Queen, Lords

18 Maiuial of Govern me nt in Canada.

and Commons at London is apt to ))e misleading.
Tlie tlieory of Government is totally different in
each, and the distrihution of power to Liocal and
Central Legislatures has no counterpart in Great
Britain. The fact that the Government of
Canada has Local Legislatures and one central
one, and is in principle the same as the (rovern-
ment of Great Britain, makes a consideration of
both forms necessary to a Canadian -tudcnt. It
is mainly in reference to the distrihution of
Legislative power that a study of the United
States is of vnhie, although our Judiciary has
functions very analogous to theirs in regard to
questions of Constitutional Law.

The principle of Englisli and Canadian (iovern-
ment is theoretically that the Sovereign is the
source of power. The Queen is the head of the
Parliament, or chief legislative power ; the exe-
cutive power is vested in her, and the judicial
power emanates from her as Chief Magistrate
of the nation. The Sovereign is the apex — the
summit of the triple powder. Practically the
House of Commons in England controls the
Parliament or legislative power, directs the exe-
cutive and appoints the judiciary — the Sovereign
being satislied wdth the leader in the House of
Commons. So far it is the same in Canada.

In the United States the powers are divided
up, and do not point to any one source. The
Executive Government is vested in the President ;
and unlike the British Sovereign, he exercises

Manual of Gorenunent in Canada. VJ

3rcises

it personally and is a real power in iiiiuself.
The Legislative power is possessed l)y the Senate
anil the House of Representatives, and the Judi-
ciary is vested in the Supreme Court of the
United States and in tlie other Congressional
Courts throughout the Union.

It may be safely said that tiie Iv\eeutive power
is the same here as in England ; the Legislative
and Judicial powers are more nearly allied to
those exercised in tiie United States, although
the source of both is dilferent.

First, as to the Legislative power :

When the present Constitution of the United
States was formed, one theory at all events in
regard to the distril)ution of Legislative jwwer,
was that the separate States of the Union sur-
rendered to the United States Government a
portion of their sovereignty, and retained all
the residue of it to themselves. This portion
was given to the Central Government absolutely
and irrevocably. The Local Governments kept
the reserved powers to themselves — the Central
Government was one of enumerated powers.
Every power not expressly given to the Central
Government was reserved to the Local Govern-
ment. The powers of both were derived from
the same source — the people — and it would
require the people to act before these powers could
be altered.

The action of the Separate Colonies of Great
Britain, which now form Canada, was somewhat

Hi n

20 Manual of Government in Canada.

similar ; but tlie principle of surrendering their
Legislative powers is just the reverse of what it is
in the United States. The Provinces surrendered
all their Legislative powers to the Central
Government, reserving for themselves the power
to Legislate on certain specified subjects. With
us the enumerated powers are with the Local
Governments ; the reserved powers are with the
Central Government. Every power not expressly
given to the Provinces is given to the Dominion
of Canada. Both powers were derived from the
same source — the British Legislature ratifying
the will of the people of Canada — and these
powers cannot be altered but by that same
power.

In framing both Constitutions the grand prob-
lem was to divide up the powers between the
Local and Central Legislatures in the best pos-
sible way for the country. If the Local Govern-
ments got too much power there would be little
use in a FeJeracy — the Central Government
would be a shadow — a useless piece of expensive
machinery. If the Central Government got too
much, there would be a cry that local independ-
ence was gone — that it would be as well to have
one Government only — that the Local Legislj*.-
tures were mere municipal bodies with but few
powers and of little importance. The division
of the legislative power by the fathers of Con-
federation in Canada has not been the cause of
discontent or jealousy. The reserved powers

Manual of Goreriumnt in Canada.

wore properly left to Tanada, as well as all mat-
ters of general interest and matters in which
uniformity in lej^islation is desirable. The Pro-
vinces have not complained of an unequal dis-
tribution : and if there is anything to complain
of, they nniy blame themselves. The Dominion
and the powers of its Parliament are the creation
of the Provinces. They allotted the distribution
before the Dominion existed.

Second, as to the Judicial power:

The duties of the Canadian Courts are rela-
tively of more importance than those of the Bri-
tish Courts. In England the powers of the
Legislature are, so far as human power can be,
omnipotent. Its acts are superior to judicial
interi)retution, so far as the question of their
constitutionsilitv is concerned. In Canada the
Courts are in a different position. Its humblest
tribunal may declare an Act of Parliament un-
constitutional, and may refuse to follow it.
Tliere can be no restraint put upon the due
exercise of the judicial power by any authority,
Dominion or Provincial ; for that would be to
place the;^* bodies above the. law which created
them and granted them powers which are not
ulisolute, and which no legislation of theirs can
make so. *

A Provincial Legislature ma\' trench in the
limits of the Dominion, and the Parliament of
Canada may usurp local rights. In either of
these cases tho courts mupt declare whether the

*Kegiiia v. Taylor, Mr. Justice (now Chief Justice) Wilson.

i I

■1

ft.

(

•

. [

22 Manual of Government in Canada.

legislative bodies have transcended their powers,
and may declare acts of this nature unconstitu-
tional and void.

A similar judicial power exists in the United
States. The Supreme Court is the most im-
portant judicial tribunal in the world. It is the
supreme arbiter of the nation under the consti-
tution.

A conpideration of the foregoing will give some
idea not only of the difficulty of forming a right
notion of the complicated system of government
in its different divisions that obtains amongst
us, but will also furnish us with a proper notion
of the importance of Canada presiding over her
Provinces and Territories.

" Canada," says one of her most distinguished
statesmen, ** is not merely a Colony or a Pro-
vince. She is a Dominion composed of an
aggregate" of seven large Provinces, federally
united under one Imperial charter, which ex-
presslj' recites that the Constitution is to be
simi'^v to that of the United Kingdom. Nay,
more , besides the power with whieli she is
invested over a large part of the affairs of the
inhabitants of the several Provinces, she enjoys
absolute power of legislation and administration
over the people and Territories of the North-
West, out of which she has already created one
Province, and is empowered to create others,
with representative institutions." *

*Hon. K. Blake, Minister of JuBtice, to the Earl of rariiaivoii, 187«).

CHAPTER ill.

THE CONSTITUTION OP CANADA.

The Imperial Act, knowD as The British North
America Act, 1867, settled and defined the
present Constitution of Canada. For several
years previous to that date, as has already been
intimated, the question of uniting portions of
the British possessions in America was actively
discussed. After a number of concessions from
all parties the points of agreement were laid
before the British Parliament, and a written
Constitution drafted thereon. The.late Province
of Canada, comprising Upper and Lower Canada,
and the Provinces of Nova Scotia and New
Brunswick were federally united into one
Dominion — Canada — under the Crown of the
United Kingdom of Great Britain and Ireland,
with a Constitution similar in principle to that
of the United Kingdom. By it one Parliament,
consisting of the Queen, an Upper House, styled
the Senate, and the House of Commons, was
given to Canada. The Executive power of and
over Caniida was continued, and is vested in the
Queen. A Privy Council to aid and advise in
the Government of the country was established,
anl an officer styled the Governor-General, who
possesses all the powers, authorities and func-
tions of our former Governors, so far as they can

24 Manual of Government in Canada.

apply under the Act, represents her Majesty
the Queen, and carried on the Government in
her name and on her behalf. The Senate was
a body appointed by the first Governor-General,
and intended to be as permanent as in the
nature of things they could well be. The mem-
bers of the House of Commons were to be elected
by the votes of the people as their representa-
tives. These three constituent elements of our
Parliament, corresponding to the Queen, Lords
and Commons in England, are to be expected,
when it is remembered that the principle of the
Colonial and Imperial Parliaments was intended
to be the same. Here, as in England, the chief
Executive Power is declared to be vested in the
Queen, but limited by the two houses of Parlia-
ment- The basis of the British Constitution is,
that the power of making, abrogating, changing
or explaining its laws belongs to Parliament
alone. Bearing in mind the power of disallow-
ance lodged in the Governor-General and in the
Queen, there is no doubt but that the Canadian
Parliament has, under its Constitution, a parallel
authority. Neither in England nor here does
the Legislative power reside in the Crown,
though the latter possesses the whole power of
carrying out the laws. The desire of the guar-
dians of both Constitutions is said to be to keep
the 3xercise of the Legislative and Executive
powers as distinct as possible from each other.
In effect, however, they are linked together, as

Manual of Government In Canada. 26

will be seen hereafter. Tlie power of the Crown
being limited by its Constitutional advisers,
the form of Government is called a limited
Monarchy. The power of the Crown in England
was declared in 1G88 to be derived from a con-
tract with the people. The people owe allegiance
to the Crown, and the Crown grunts protection in
return. The Crown represents the nation — is
supreme Magistrate, appoints judges, distributes
honors, receives and sends ambassadors, makes
treaties, declares war, summons and dissolves
Parliament. But all acts of the Crown must be
advised and transacted by ministers responsible
to the people, and the King or Queen nuist
govern according to law.*

In Canada the I'oyal Authority is the same as
in England — Eoyalty here acting through a
representative. The contract with the people in
the Constitution is traceable to the cession of
Canada by the Treaty of Paris in 1763, and re-
acknowledged in various ways since, chiefly by
the Act of Confederation, which was the work of
the people's representatives. But the functions
of a Governor-General, though representing
Eoyalty, are more restricted than those apper-
taining to Royalty itself. His duties do not
involve many international offices — he has no
ambassadors to send, and Canada as a Colony
has none to receive. There are no treaties to be
made nor wars to be declared ; but it is probable

* Cox's British ConiinonweuUh.

t i l!

26 Manual of (iovernment in Canada.

that all the prerogatives of Royalty necessary to
a Colony are exerciseable by him, and attached
to his person and office.

The Senate, though corresponding largely to
the House of Lqrds in England, yet differs in
many respects from the latter body. The
absence of a titled aristocracy in Canada, to
which the members of our Upper House may be
supposed to belong, is one chief feature. The
duration of their Patents, the limit to the term
of holding office, the restriction as to their
numbers, the absence of judicial functions, are a
few of the points of difference between them.
The chief uses of both bodies mav be said to be
the same — to prevent hasty legislation, and be in
composition a body fearless of wrathful consti-
tuents and an equipoise to preserve the balance
of the Constitution.

The third estate in the realm, the Commons,
has fewer points of dissimilarity tlian either of
the other two. The Commons, under a constitu-
tional form of government such as we possess,
are the important part of Parliament. The
Privy Council, if not mainly of their number,
report in their House as to the manner of con-
ducting the Government. The supplies for
carrying on all government originate with thorn.
They are in fact the people — the supreme ruling
power.

With us, as in England, the concurrence of
these three elements of Parliament is necessarj'

Manual of Government in Canada. 27

to every measure. All must act in concert in
order to produce a law. If the Lords in England
should refuse to act harmoniously with the
Commons, new Peers of the realm could be created
in accord with the popular wish. If the Com-
mons could not agree with the Lords, the former
could be dissolved and new members elected by
the people. But the last power would generally
be found to be with the Commons, who have
virtually, in England at all events, the deter-
mining of the law in their own hands. In Canada,
in case a deadlock were to occur between the
Senate and the Commons, there could very well
arise cases for which no remedy is at hand.
The number of Senators cannot be increased but
by a very small number, which may be still too
small to command a majority ; and if the Com-
mons and Senate remained obstinatelv in
opposition to each other the Government could
not go on. It would be necessary to have an
Imperial Act passed to make legislation possible
and the work of Government continue.

In case the Senate and Commons agree, Bills
may be reserved by the Governor-General for
the signification of the Queen's pleasure, or he
may withhold the Queen's assent. Our position
as a Colony gives rise to the former case. The
latter has no counterpart, in practice at least, in
England. There, if a Bill be passed in the
Lords and Commons, the Queen does not now
refuse her assent thereto, the power of veto-

It, I

28 Manual of Government in Canada,

having fallen into disuse. Here, if a Governor-
General refused the Queen's assent to a Bill, it
would be equivalent to an intimation to the
Ministry to resign — that he refuses to take their
advice. While possessing the undoubted right
to refuse the Queen's assent to any Bill, a Cana-
dian Goveriior-G<aieral will scarcely ever refuse
the Queen'ii absent but adopt the other course
of reserving it loi Jier ^Fajesty's pleasure in the
event of its luting objectionable.

The peculiar fea.;..«'e of" the British Constitu-
tion in its Cabinet, or Privy Council, has been
alreadj' noted. The Privy Council would seem
to mean the present and past advisers of the
Crown. In practice, however, the past advisers,
who are usually in Opposition, do not tender
advice till called upon in a change of Ministry.
The Cabinet Council here, as in England, means
the Ministry or Administration for the time
being — the Government, in fact, of the day.

The task of Government is carried on by an
Administration so long as they can command a
majority in the two Houses of Parliament, and
are the choice of the Crown. This is what is
meant both in England and here by responsible
government. Parliament here has no judicial
functions, nor does any of its branches form an
Appellate Court, as in England. When a change
of Ministry occurs by the action of Parliament,
its action is administrative. The functions of
Canadian Parliaments otherwise are mainly

Manual of Government in Canada. 29

it,
of

legislative, and in this respect the Parliament of
Canada is limited to certain specified subjects
under the Constitution.

These will be referred to hereafter. In Great
Britain the Parliament is the supreme ruling
power — it represents the sovereignty of the
British people.

In all Colonies there is a division of the sov-
ereign power, part of it being exercised by the
Colonial Legislature and the remainder by the
Imperial Legislature. In Canada there is a
threefold division of sovereignty — part of it
Imperial, part Canadian, and part Provincial.
These, although they all exist and are exercised
within the same territory, are yet separate and
distinct sovereignties acting separately and
independently of each other within their respec-
tive spheres.*

Every subject proper to be legislated for in
Canada falls either within the sovereignty of the
Provinces or of the Dominion. In two instances^
that of Immigration and Agriculture, it may
fall within both. In matters where Imperial
interests are in question it is likely to fall within
neither.

Other points of difference in the Constitutions
are mainly in details, and arise from difference
of position. The English Constitution is for the
most part unwritten. Some few of the great
props, such as the Magna Charta, the Bill of

^ See Cooley on Constitutional Limitatious.

80 Manual of Government in Canada.

Rights, the Act of Settlement, are embodied in
Acts of Pailiament with the other laws of the
land.

The Dominion has, in fact, a written and de-
fined Constitution, but it is not limited by it. It
possesses powers which are neither defined nor
limited, excepting by the Confederation Act and
the Imperial Statute 28 and 29 Vic, ch. 63.
It has general sovereignty in all matters but
those in which it is expressly excluded, or in
which, from the inherent condition of a depend-
ency, it is necessarily and impliedly restricted.*

♦Mr. J. (now C. J ) Wilson, Begiua v. Taylor, 3(i U. I'. K.

CHAPTKK IV.

rUK PARLIAMENT OF CANADA.— BO VAL AUTHORITY.

Thk first constituent element of the Parlia-
ment of Canada is not only in principle, but is
in realit3' the same as the first element of the
Parliament of the United Kingdom. This is the
King or Queen of Great Britain and Ireland, who
is the first estate in the realm.

In Canada the King or Queen is represented
b}' a Governor-General, who is aj^pointed by the
Secretary of State for the Colonies. He holds
office during the pleasure of the Sovereign of
Great Britain ; and in the event of the Sovereign's
death, for six months after that date, in case no
new appointment is made. An administrator or
other officer may be appointed to carry on the
Government of Canada on behalf of and* in the
name of the Queen, and all the provisions of
the Confederation Act, in reference to the
Governor-General, apply to such administrator,
or under whatever other title he may be known.
The Queen may authorize the Governor-General
to appoint any person or persons jointl}' or
severally to be his Deputy or Deputies, within
any part or parts of Canada, and the Governor-
General may assign to such Deputy or Deputies,
to exercise during his pleasure, such powers,
functions and authorities of the Governor-

32 Manual of Government in Canada.

f '

f i

t .

General as the latter may deem necessary or
expedient to assign to him or them, subject to any
limitations or directions expressed or given by
the Queen. Any such appointment, however,
does not affect the powers, authorities and
functions of the Governor-General himself. ^
The death of the Governor does not dissolve
the Parliament. It is called to consult with the
Queen, and not with him ; and there might be
ten Governors during the reign of one Queen,
with the same Parliament assisting at the last
as well as the first. He is not the caput prijici-
pium et finis of the Colonial Constitutions.*

The Governor General chooses and summons
his Privy Councillors, and removes them when
the Government of Canada requires it.

He also summons in the Queen's name, by
instrument under the Great Seal of Canada,
persons of necessary qualifications for Senators.
At the time of the Union of the Provinces in
1867, Lord Monck, the first Governor General of
the Dominion of Canada, inserted the names of
the Senators in the Queen's Proclamation of the
Union of the four Provinces. Any additional
Senators are hereafter to be summoned by the
Governor-General ; and whenever a vacancy
happens in the Senate by resignation, death or
otherwise, the Governor- General fills the vacancy
by new appointments of qualified persons.

He also appoints a Speaker to the Senate, and

* Chalmer's Opinfons.

jessary or

Manual of Government in Canada. 33

may remove and appoint another in his place.
The Speaker must be a Senator ; and in this
particular the Senate, as to that officer, differs
somewhat from the Speaker of the House of
Lords in England, who is not necessarily a Peer
of the realm — or member of the House of Lords.
But in case he is not a Peer, he is not entitled to
vote or take part in the debates in the House.

The Governor-General summons and calls
together the House of Commons in the Queen's
name, and may dissolve the same within the
period of five years from its commencement.
Independent of this statutory provision the
prerogative right in relation to the dissolution of
General Assemblies is at least as extensive in the
Colonies as it ever was in England. In respect
to the English Parliament and this prerogative
of the Crown, whatever the extent, of it may be,
every Governor by his Commission is empowered
to exercise in his particular Province.*

He is empowered to assent in the Queen's
name to Bills passed in both Houses. He may
also refuse the Queen's assent to such Bills, or
he may reserve the Bill for the signification of
the Queen's pleasure. He also, when the Queen's
pleasure is signified on a reserved Bill, declares
by Speech or Message to the Houses, or by Pro-
clamation, that it has received the assent of the
Queen in Council. Copies of all Bills assented
to are sent to one of the Secretaries of State, and

'' Chalmer'a Opinions.

84 Manual of Government in Canada.

1." '■

>1 Ift li

may be disallowed at any time within two years.
He must recommend to the House of Commons
all money bills. He originates no measure, and
by himself has no Legislative powers. He has
a negative voice only in the Legislature.

The ( rOvernor-General appoints the Judges for
the Superior, District and County Courts, except
the Judges of the Probate Court in Nova Scotia
and New Brunswick, and may remove Judges of
the Superior Courts on address of the Senate
and House of Commons. He has also, until the
Parliament of Canada otherwise i)rovides, the
appointment of such officers as may be deemed
necessary and proper for the effectual execution
of tlio Confederati n Act. An appeal lies to the
Governor-General in Council from any act or
decision of any Provincial Authority in reference
to Separate or Dissentient schools in relation to
Education affecting the rights and privileges of
any supporters of Separate or Dissentient schools.
In case Provincial law seems to the Governor-
General in Council requisite for this purpose, and
that it is not made by the proper authorities ; or
in case the proper Provincial authorities do not
duly execute the directions of the Governor-Gen-
eral in Council in any such appeal, the Parlia-
ment of Canada may legislate thereon.

The Governor- General in Council appoints a
Lieutenant-Governor for each Province under
the Great Seal of Canada, and may appoint an
Administrator to execute the office and functions

Matnidl of Government in Canada. 85

of Lieutenant-Governor during the abHence,
illness or other inabilities of the latter ; and the
Governor-General* may remove a Lieutenant-
Governor within five years from his appointment
on assi^aiing cause for such removal. The Gov-
ernor-General in Council may disallow acts of a
Provincial Lepjislature within one year after their
enactment in the same way as the disallowance
of an act of the Parliament of Canada is signified
in Kngland, except that in the latter case two
years are allowed to pass instead of ne.

The power of the Governor-General in Coun-
cil to disallow a Provincial Act is as absolute as
the power of the Queen to disallow a Dominion
Act, and is in each case to be the result of the
exercise of a sound discretion, for which exercise
of discretion the Executive Council for the time
being is, in either case, to be responsible, as for
other acts of Executive Administration.!

The twelfth section of the British North
America Act relates to the general powers of the
Governor-General, and is as follows :

* In some parts of the Act of 1867 certain powers are given to the
Governor (f eneral in Council, and in otlier parts to the Governor General,
omitting the words in Counci'. This arose, it is said, from adopting the
language of older Acts under which tlie (iovernor General had unmis-
takeable powers apart from or independent of his Council. Before the
era of Responsible Government in Canada the Governor (Jeneral by him-
self had large administrative powers, and the phrase Governor General
had a different significance from what it has now. The Council was then
an irresponsible body ; so long as they agreed with the Koyal representa-
tive they cared little for the popular element. The popular element now
controls the Council, and it is apprehended that any acts of a Governor
General for which an existing Ministry is to be called to account by the
people, must be done on the advice of his Council, no matter whether so
pxpreb-^ied or not. See Sir John A. Macdonald's letter to Sir Michael
Hicks Beach on the Letellier question, and the Hon. Edward Blake on
the Royal Instrrictions to Lord Dufferin as to exercise of Prerogative of
Pardon by a Governor General.

t Per C. J. Harrison in Leprohon v. Ottawa, 40 U. C. B.

36 Manual of Government in Canada.

" AH Powers, Authorities, and Functions which, under
any Act of the Parliament of Great Britain, or of the
Parliament of the United Kingdom of Great Britain
and Ireland, or of the Legislature of Upper Canada,
Lower Canada, Canada, Nova Scotia or New Brunswick,
are at the Union vested in or exerciseable by the
respective Governors or Lieutenant-Governors of those
Provinces, with the Advice, or with the Advice and
Consent, of the respective Executive Councils thereof,
or in conjunction with those Councils, or with any num-
ber of Members thereof, or by those Governors or
Lieutenant-Governors individually, shall, as far as the
same continue in existence and capable of being exer-
cised after the Union in relation to the Government of
Canada, be vested in and exerciseable by the Governor-
General, with the Advice or with the Advice and Con-
sent of or in conjunction with the Queen's Privy Council
for Canada, or any Members thereof, or by the Governor-
General individually, as the Case requires, subject never-
theless (except with respect to such as exist under
Acts of the Parliament of Great Britain or of the Par-
liament of the United Kingdom of Great Britain and
Ireland) to be abolished or altered by the Parliament of
Canada."

The Acts of the Parliament of Great Britain
•which could relate to this subject are 14 Geo.
III., cap. 83, and 31 Geo. T., cap. 31, both of
which have already bee referred to as the
Quebec Act of 1774 and the Constitutional Act
of 1791.

There is nothing in the Quebec Act further
than repealing the Proclamation of October,
1763, as to the Provisional Government and all
the powers and authorities given to the Gov-
ernors.

!•?

Manual of Government in Canada. 37

In the Constitutional Act, 1791, there is for
the first time a Governor or Lieutenant-Governor
given to the Provinces of Upper and Lower
Canada, into which the former Province of
Quehec was divided. The powers of the Gov-
ernor or Lieutenant-Governor under this Act
were as follows :

(1) Bills passed by the Legislative Council
and Assembly of the Provinces were, before
becoming law, to be assented to by His Majesty,
or, in his name, by the Governor or Lieutenant-
Governor of the Provinces.

(2) It was lawful for His Majesty, by instru-
ment under the sign manual, to authorize and
direct the Governor or Lieutenant-Governor to
summon the members of the Legislative Council
— seven in Upper Canada and fifteen in Lower
Canada — and also such other persons to the^
Council as he may think fit.

(3) It was lawful for him to summon and call
together the Legislative Assembly.

(4) It was lawful for him to divide the Pro-
vinces into Districts, to appoint Returning
Officers and the time and place of holding elec-
tions.

As to assenting to Bills, he declared such
assent according to his discretion, but only sub-
ject to the Act. He could withhold his assent,
or reserve it for His Majesty's consideration.

A feature of this Act is that the Royal instruc-
tions to three of tlie former Governors — Guy
Carleton, Sir Frederick Haldimand and Lord

38 Manual */ (iorernment in Canada.

Dorchester — in reference to tithes and the sup-
port of clergy were incorporated into tlie Act.

The Union Act 3 & 4 Victoria, cap. 35 (1840),

an Act of the Parliament of Great Britain and

Ireland, has two sections bearing upon this

subject. Sec. 40, as to the Authority of the

Governor, is as follows :

" Nothing herein contained shall be construed to limit
or restrain the exercise of Her Majesty's Prerogative in
authorizing, and notwithstanding this Act, and any other
Act or Acts passed in the Parliament of Great Britain,
or in the J^arliument of the United Kingdom of Great
Britain and Ireland, or of the Legislatin-e of the Pro-
vince of Quebec, or of the Provinces of Upper or Lower
Canada respectively, it shall he lawful for Her Majesty
to authorize the Lieutenant (iovernor of the Province of
Canada to exercise and execute, within such parts of
the said Province as Her Majesty shall think fit, notwith-
standing the presence of the Governor within the Pi'O-
fince, such of the 2>o^vers, functions, and authority, as
well judicial as other which before and at the time of
passing of this Act were and are vested in the Governor,
Lieutenant Governor or Person administering the Gov-
ernment of the Provinces of Upper Canada ■ind Lower
Canada respectively, or of either of them, and which
from and after the said Ke-union of the said two Pro-
vinces shall become vested in the Govevnor of the
Province of Canada; and to authorize the Governor of
the Province of Canada to assign, depute, substitute,
and appoint any i)erson or persons, jointly or severally,
to be his Deputy or Deputies within any i)art or i^arts of
the Province of Canada, and in that capacity to exercise,
I^erform, and execute during the pleasure of the said
Governor such of the powers, functions, and authorities,
as well judicial as other, as before and at the time of the
passing of this Act were and are vested in the Governor,

L\\

•*^^u"

■ i iwi MW Ii r ii w ..i^„v':|}ttSI)aifl^:iSit4f^

Maiiual of Government In Canada.

SllJ)-

Lieutenant Governor, or Person administering the Gov-
ernment of the Provinces of Upper and Lower Canada
respectively, and which from antl after the Union of the
said Provinces shall become vested in the Governor of
the Province of Canada, as the Governor of the Province
of Canada shall deem to be necessary or expedient :
Provided always, that by the apj (ointment of a Deputy
or Deputies as aforesaid, the power and authority of the
Governor of the Province of Canada shall not be
abridged, altered, or in any way affected, otherwise than
as Her Majesty shall think proper to direct."

Sec. 59 of the same Act reads :
" All powers and authorities expressed in this Act, to
be given to the Governor of the Province of Canada
shall be exercised by such Governor in conformity with
and subject to such orders, instructions, and directions
as Her Majesty shall from time to time see fit to make
or issue."

The Tmporial Enactment, 17 and 18 Vic, cap.
IIH (1854), which altered the Union Act, has no
important reference to the powers of Governor.
It defines the word " Governor" as comprehend-
ing the Governor, and in his ahsence, the
Lieutenant-Governor, or person authorized to
execute the office, or the functions of the
Governor of Canada.

Of the numerous references made to the
Governor of the late Province of Canada, in
the Statutes, from the Union till Confederation,
no detailed reference could be made hero. Thev
refer to the necessary duties of Chief Executive
Officer of the Province, entrusted with carrying
on the Government under the Constitution. In
one place we find him made a Corporation sole

II 1 i

S 1

i (

5 '

40 Manual of Government in Canada.

— has power of issuing Proclamations, Com-
missions, &c. In 1845 an Act was passed
relating to Commissions, in the first section of
which it was enacted that in the demise of the
Crown no new Commissions need issue, but a
proclamation continuing all public ofiicers in
their place should be sufficient. Section 2 is as
follows : — '* Nothing in the next preceding section
shall prejudice, or in any way affect the rights or
prerogative of the Crown, with respect to any
office or appointment, derived or held by authority
from it, nor prejudice, or affect the rights, or
prerogatives thereof in any other respect what-
soever." Power is expressly reserved to Her
Majesty in an Act passed in the same year to
prorogue or dissolve the Provincial Parliament
of Canada on the demise of the Crown.

The foregoing will give some idea of the
Statute Law, on the powers of a Governor-
General ; and it is to this, rather than to any-
thing else, that recourse must be had in order to
discover what are his powers, authorities and
functions. Such prerogative rights of the
Crown in England as are called personal rights
of the Sovereign, are conveyed to Governors of
Colonies only by express delegation. The
Royal Commission and Royal instructions gene-
rally contain the extent of these.

The Governor of a British Colony is in general
invested with Royal Authority, and is the repre-
sentative and deputy of the British Sovereign.
The Sovereign alone exercises the prerogatives

«.v.

■««**»«»(*-■ WW^aWHRtT':. ■. i(mi*H!SWW«|K|HW:-b.«s''

Manual of Goveimment in Canada.

of the Crown, and these Royal rights and powers
cannot be vested in two persons at the same time.
They may and are, however, delegated to Colonial
Governors either by the Charter Governments of
the Colony or by the Royal Commission and
Instructions, but only by express terms. The
fundamental rights and principles upon which
the Royal Authority rests, and which are neces-
sary to maintain it, extend to the Colonies. The
Queen is Sovereign of Great Britain and pf the
Colonies as well She lias perpetuity, and can
do no wrong constitutionally within the British
Dominions. The local prerogatives in England,
unless by express grant, do not extend to the
Colonies ; but it seems on good authority that
the minor prerogatives and interests of the Crown
may be taken up and dealt with by the Colonial
Legislatures. Until that happens the prerogative
in England prevails.*

This occurred in Ontario where a Lieutenant-
Governor was, unless and until authorized bv his
Legislature, incapable of creating Queen's Counsel
— the prerogative of fountain of honor not being
within his power under the British North America
Act.f This prerogative is, however, vested in
the Governor-General, lie being the Queen's
representative in Canada. The law on the
question of prerogative is laid down in Chalmer's

Opinions of Eminent Lawyers :

"The prerogative in the Colonies, unless whore it is

* Chitty on PreroKatives of tlie Crown.

t The .IiuIki's of the Suprpme Court a)>])car to differ on tliis point with
the law officers of the Crown in England.

Mnuifil of Government in Canada.

abridged by grants, etc., made to the inhabitants, is
that power over the subjects considered either seiDarately
or collectiv(^ly, which by the Common Law of England
abstracted from Acts of Parliament, and grants of
liberties, &c., from the Crown to the subject, the King
could rightfully exercise in England."

The Common Law of England on the question
of prerogative is, therefore, the Common Law of
the Colonies on that subject — unless where the
Charter orlioyal Commission interposes to extend
or restrict it — and this Law is set out in 17
Edward IL, cap. 1, a Statute simply declaratory of
the Common Law. The Governor-General is the
representative of the Queen, and the Queen is
part of our Constitution. Whatever rights are
necessarv or exerciseable in a colonv must vest
in him as Royal representative, and it is not
material whetlier they are statutory or prero-
gative rights. VI- , ',i ...i: r .. ,i

The Pioyal Commission and Royal Instructions
are now reduced to the most general terms, and
contain no express delegation of any prerogative
rights.* ' ;

When the Governor-General has dismissed
one set of ministers, and is about to choose
anotlier, then, and then only, does he appear
to stand alone under our Constitution. Even
in this case, the new Ministry is responsible
— the Crown is never responsible. The Crown

* See the correspondence between the Hon. Edward Blake and the Earl
of Carnarvon as to the Koyal Comraission and Instructiona to Lord Duf-
forin, and conii)are tlie present f'ommission and Instructions with the hist.
Not only Cannda hut all the ISritish Colonies ov/e a debt of jafratitude to
the distinguished Minister of Justice who successfully pleaded their cause
before the Colonial Secretary on this occasion.

'<-0m'^m»i--<^-

mmmm

Manual of Gove nunc nt in Canada.

is not supposed to have ministers unless it
accepts their advice. Its independent judgment
seems to be called into requisition when it is
a question as to what party will the reins of
power be entrusted. Once having made a
selection, its acts are the acts of the new
ministry — it is no longer on the Governor-
General's advice, but on theirs, that the country
is governed.

So far as Legislative powers are concerned,
the Governor-General possesses only a negative
voice. The Queen herself cannot be said but by
fiction to possess any such powers, as the first
estate in Parliament would seem to imply. A
measure becomes law in England, it is true,
with her assent, but she would not now refuse
her assent on a measure passed in both Houses.
The two Houses of Parliament could send up a
Bill deposing her, or altering the succession, and
she would be obliged to sign it ; and if one
Sovereign refused his or her assent, another
could be got to grant it. As a late vigorous
writer puts it : " She must sign her own death
warrant, if the two Houses unanimously sent it
up to her." ■= The Governor-General has in the
reservation of Bills a certain power, but beyond
this and his Instructions, and an undoubted
right to refuse advice tendered by ministers, the
principle of the British Constitution leaves in
him as the Queen's representative no positive
legislative powers whatever.

* Biigehot, on the English Constitution.

CHAPTER V.

t <

•

il'

THE PARLIAMENT OF CANADA.— THE SENATE.

The Senate or Upper House is the second
element in the Parliament of Canada, and was
composed of 72 members when first summoned
— 24 from Ontario, 24 from Quebec, and 24 from
the Maritime Provinces of Nova Scotia and New
Brunswick. This number from the Maritime
Provinces included their share in the Senate
whenever Prince Edward Island was thereafter
admitted.

Since Confederation British Columbia has
been admitted, and sends three members.
Manitoba sends two members until its j^opulation,
according to a decennial census, attains 50,000
inhabitants, when it may send three ; and when
the population reaches 75,000 it will be entitled
to four representatives in the Senate. The
Territories are not j'et represented. When
Newfoundland is admitted she will be entitled to
send four Senators to the Canadian Parliament.
The Governor-General may recommend the
appointment of three or six Senators, and in case
the Queen thinks fit one or two may be appointed
from Ontario, Quebec, and the Maritime Pro-
vinces.

The number of Senators must never exceed
78, or after the admission of Newfoundland, of

Manual of Government in Canada. 45

82. There are at present 75 members in the
Senate, Ontario sending 24, Quebec 22, New
Brunswick and Nova Scotia 10 each, Manitoba 2,
British Columbia 3, and Prince Edward Island 4.

The qualifications of a Senator are as follows :

(1) He shall be of the full Age of Thirty Years :

(2) He shall be either a Natural born Subject of the
Queen, or a Subject of the Queen naturalized by an
Act of the Parliament of Great Britain, or of the Par-
liament of the United Kingdom of Great Britain and
Ireland, or of the Legislature of One of the Provinces
of Upper Canada, Lower Canada, Canada, Nova Scotia,
or New Brunswick, before the Union, or of the Parlia-
ment of Canada after the Union :

(3) He shall be legally or equitably seized as of Free-
hold for his own Usg and Benefit of Lands or Tene-
ments held in free and common Socage, or seized or
possessed for his own U&e and Benefit of Lands or Tene-
ments held in Franc-alleu or in Koture, within the Pro-
vince lor which he is appointed, of the value of Four
thousand Dollars, over and above all Rents, Dues, Debts,
Charges, Mortgages, and Incumbrances due or payable
out of or charged on or affecting the same :

(4) His Real and Personal Property shall be together
worth Four thousand Dollars over and above his Debts
and Liabilities :

(5) He §hall be resident in the Province for which he
is appointed :

(6) In the case of Quebec he shall have his Real
Property Qualification in the Electoral Division for
which he is appointed, or shall be resident in that
Division.

The first Senators were summoned by the
Queen by warrant under Her ]S[aje8ty'8 sign
manual, and their names were inserted in the

Manual of Government in Canada.

U t

'K'

Proclamation of the Union in 1867- Thereafter,
such persons as were called, and such persons
as will be called, to the Senate, were and will be,
by the Governor-General, in the Queen's name,
by instrument under the Great Seal of Canada.

A Senator, subject to the following provisions,
holds his seat for life.

He may, by writing under his hand, resign
his place in the Senate.

His seat becomes vacant —

(1) If for Two consecutive Sessions of the Parliament
he fails to give his Attendance in the Senate :

(2) If he takes an Oath or makes a Declaration or
Acknowledgment of Allegiance, Obedience or Adher.
ence to a Foreign Power, or does an Act whereby he
becomes a Subject or Citizen, or entitled to the Rights
or Privileges of a Subject or Citizen of a Foreign Power :

(3) If he is adjudged Bankrupt or Insolvent, or applies
for the benefit of any Law relating to Insolvent Debtors,
or becomes a public Defaulter :

(4) If he is attainted of Treason, or convicted of
Felony or of any infamous Crime :

Co) If he ceases to be qualified in respect of Projjerty
or of Residence ; provided that a Senator shall not be
deemed to have ceased to be qualified in respect of
Residence by reason only of his residing at the Seat of
the Government of Canada while holding an Office under
that Government requiring his Presence there.

Any vacancy in the Senate resulting from
resignation, death, or otherwise, is filled by the
Governor-General's appointment of a fit and
qualified person to fill the vacancy.

Manual of Government in Canada. 47

Any question arising as to the qualiiication
of a Senator, or to a vacancy in the Senate,
shall be heard and determined by the Senate.

No Senator is capable of being elected, or of
sitting or voting as a member of the House of
Commons.

Every Senator before taking his seat in the
Senate must take and subscribe l)efore the
Governor-General, or some person authorized
by him, a prescribed oath and declaration.

A Senator is entitled to be styled Honorable
so long as he is a member of the Senate, and no
longer, and he ranks fourth in the precedence
assigned to persons in Canada.*

A member of the Senate may be a member of
the Ministry or Administration ; and if his duties
require him to live at the Seat of Government,
it is not necessary that he should reside in his
own Province if appointed out of Ontario. No
Ontario Senator can be a member of the Local
Legislature of that Province.

The Senate is summoned to Ottawa, the Seat
of Government, at the same time the Commons
is convened. The Speaker of the Senate is
appointed by the Governor-General, and must be
a Senator, though the analogous course in the
House of Lords in England, as was observed, is
not follow^ed in this particular. Then the Lord
Chancellor is ex officio Speaker in the Lords, and
is keeper of the Great Seal, but is not necessarily
a Peer of the Realm.

* See table of preccdenee hereafter.

:; ;

fkL

48 Manual of Government in Canada.

Fifteen members, including the Speaker, form
at present a quorum for the transacting of busi-
ness. The Speaker in all cases has a vote.
Questions are decided by a majority of votes ;
and when these are equal, the motion or Bill is
lost, or deemed to be in the negative.

The privileges, immunities and powers of the
Senate and its members are left to be defined by
the Parliament of Canada, but they must never
exceed those held by the English House of
Commons and its members at the time the
Parliament of Canada so defines them.

The rules of the House and the procedure will
be shortly adverted to hereafter.

All Bills may issue in this, or in the House of
Commons indifferently,* except as to money Bills,
which must originate in the Commons. Bills of
a judicial nature, such as Divorce Bills, &c., and
Bills referring to the rights and privileges of the
Senaie, would, following the analogy of the
practice in the Upper House in England, have
their commencement properly in the Senate.

The Senate does not appear to possess any
other functions than those of a branch of tL
legislature, or law-making machinery of tL
State. In England the Lords possess judicial
functions, as well as legislative ones, and their
House is the Highest Court for deciding cases
referred to it from the English Courts.

The Senate was to be composed of men of

* The Senate alone, apparently, takes the initiative in Divorce Bills.

Mtinual of (iovernment in Canada. 49

wealtli and stake in the country who were
superior to party and heedless of local or inter-
ested claims. It was thought that to he answer-
ahle to constituents was frequently to he ohliged
to pander to their whims — to legislate for their
special interests. This was hoped would he
ohviated hy appointments hy the Crown of
persons whose own interests would suffer when
their country's suffered ; and that the good of the
country would even for seltish notions, if for no
other, he promoted hy them as heing largely
mixed up with their own individual prosperity.
A second House was needed to prevent hasty or
inconsiderate legislation — a house wherein the
largely increasing legislation for the Provinces
could he participated in and matured. It was
felt also that some equipoise was needed to
maintain the balance of the Constitution.

Any difference between the Commons and
Senate here is not so easily adjusted, or rather
will not be whenever such a contingency arises.
Six members added to the Senate may not be
sufticient to make it accord with the majority in
the Commons. In 1874 six members were
recommended to be appointed, but Earl Kimberly
suggested that the Crown would take no action
unless a difference had arisen, and that the crea-
tion of new members would supply a remedy in
the event of an actual collision. Our Senate is
in this respect differently situated from the
Upper House in England.

i'l

?^ I:

60 Manual of Government in Canada.

Such frequent reference has been made to the
House of Lords that a few words may be said
here of this body, in order to contrast it with
the Senate of our own country.

In England the House of Lords is the aristo-
cratic element of Parliament, and consists of
Lords temporal — that is, lay noblemen or peers,
and Lords spiritual — that is, archbishops and
bishops. The temporal lords are called Peers
of the Ptcahn ; and when of full age, and not
imbecile, are entitled to sit in the House in virtue
of their titles and ancient rights.

The Lords are in number rather more than
two-thirds of the Commoners. A part of them
have judicial as well as legislative functions. A
special portion of them — all distinguished law-
yers, or judges, forui the Appellate Court of the
House of Lords. Many of them are members
of the Judicial Committee of the Privy Council,
which is the highest Appellate Court in the
Empire for the Colonies.

There are live orders of Peers — Dukes, Mar-
quises, Earls, Viscounts and Barons. This is
their rank in the order of precedence, but they all
sit in the House as Barons, that is, as possessing
a barony or landed estate. The Bishops now
sit in the House in virtue of their estates, and
not in respect of their clerical dignities. They
rank before Barons and after Viscounts, and are
lords of Parliament, though not Peers of the
Realm. The spiritual lords number thirty — the

. jl»MW 8 W >W ' " . 'W»"i'« 'W '

--.A^

/' §.//^^^.

Manual of Government in Canada. 51

lay lords or peers vary between four and five
hundred. This number is maintained by the
eldest sons of peers succeeding to their fathers'
titles, and also by the Crown creating peers by
patent of nobility. The Crown is not limited to
the creation of any certain number of peers when
a collision happens between the Lords and Com-
mons, but the popular element — the Commons —
suggests the appointment of as many as are
necessary.

The House of Lords in England may be said
to be practically under the control of the
Commons. It has the power to delay Bills, and
a power to amend them in most cases, but it has
no other powers. It can be swamped with
new Peers, to make it accord with the ruling
party in the Commons, and so cannot stand out
against them. When the Commons has made
up its mind on any measure, the Lords are
powerless to resist. As Bagehot says, their
veto is : — " We reject your Bill for this once, or
these twice, or even these thrice, but if you
keep on sending it up, at last we won't reject it."

The Senate of Canada has larger powers than
these. It cannot merely delay Legislation, as it
very wisely did in the Insolvency Bill of 1878,
but Legislation cannot be got without it. It
caimot vote the supplies, but it can vote against
the fiupplies, and put a stop to all Government,
as the analogous bod}^ the Legislative Council,
foolishly did in Quebec this year. It cannot be

52 Mannal of Government in Canada.

swamped out with new Senators, as the number
at present cannot exceed 78, and never more
than 82, after Newfoundland is a Province of
Canada. It is not controlled by the Commons,
but must be harmonized with them by adminis-
tration in accord with their views. But with
the stake they have in the country, they would
not oppose good Government, and the country
will stand by them in opposing a Ministry with a
ruinous policy.

' 1 ■

■M«"™«»w»f'!»»«iw«i>iijei*.«!i»»w

CHAPTER VI.

THE PAKLIAMEXT OF CANADA.— THE COMMONS.

The House of Commons is the third element
in the Padiament of Canada, and was originally
composed of 181 members representing the fom*
Provinces as follows :

Ontario, represented by 82 Members.

Quebec, '' 65 ''

Nova Scotia, " 19 "

!New Brunswick, " 15 "

Of the Provinces annexed to Canada since
Confederation the following is the representation :

Prince Edward Island, represented by Members.
Manitoba, <^ 4 "

British Columbia, " 6 "

Provision was made at the passing of the Con-
federation Act for an increase of the number of
members in the House, but the proportionate
representation of the four Provinces comprising
Canada in 1867 must not be disturbed by any
such increase. The Parliament of Canada has
power as to this increased representation. It
was further provided that in 1871, when a census
of the people was to be taken, an adjustment of
the representation of the four Provinces should
take place in Parliament. This gave rise to the

■II.

Mp\

Ml!

54 Manual of Government in Canada.

present representation in tlie Commons, which is

as follows :

Ontario l?f> Members. ^^

Quebec ; ('>') " 6^"

New Brunswick 1*» •' ^J

Nova Scotia :il " J_C^

Manitoba 1 " /■/;

Prince Edward Island (i '' '

British Columbia o " .^

In all •J04 " ~^l)b

The different Provinces are divided up into
electoral districts, each of which returns a
member to the Commons on having received a
majority of polled votes in the riding. The
voting takes place by ballot, and all persons
(except Judges in the Court of Chancery for
Ontario, and all other Judges appointed by the
Covernor General) qualified to vote at the elec-
tion of representatives in the Legislative Assem-
bly of :he Provinces, and no others, are entitled
to vote at election of members for the Commons.
All lists of voters to be used at the elections in
the Local Houses are to be used for this one also.
The writs for the election of members issue out
of the office of the Clerk of the Crown in Chan-
cery, and are addressed to the Sheriff or Registrar
as Returning Officer in the Electoral District. A
day for the nomination of candidates and the day
and place for holding the polls are then appointed.
Each candidate must deposit $50 with the Return-
ing Officer to apply towards the payment of elec-
tion expenses. The candidates need have no real i
property qualification, but must be either natural

...'v..* i

"^'' I III lUftt'umarii-ai^v

^ JiSMIP^'W'lllpJM?'' ■

Manual of Government in Canada.

born or naturalized subjects of the Queen. No
paid officers of the Crown, except members of the
Privy Council holdinj:;' office, and officers in
the Army, Navy, and Militia, and Militiamen
(except staff officers of the Militia) are eligible
to sit or vote in the Commons.* No contractor
with the Government, or any of its public officers,
or any of its Departments, is eligible; and
no person holding any office, commission, or
employment at the nomination of the Crown
to which any fee, salary, allowance or profit
is attached can be a member of the Commons.
No Senator or member of the Local Legislature
of Ontario is eligible to sit in the Commons.

Very stringent provisions are enacted in regard
to Bribery and Corrupt practices at Elections ;
and any candidate not returned, or any voter
may tile a petition complaining of an undue
return or undue election of a member, or of no
return, or of a double return or unlawful act on
the part of the person returned as member ; and
on notice of the presentation of the Petition being
given to the respondent the parties can go to
trial on the question, as provided by the Con-
troverted Elections Act. Tiiese cases are tried
by various Courts in the different Provinces, and
an appeal lies therefrom to the Supreme Court
at Ottawa.

All the elections, except in a few places, are
now made returnable on one day, fixed by the
Governor-General, and the various returning

* See Act of 1878.

56 Manual of Government in Canada.

i »i 'I

officers send in their returns to the Clerk of the
Crown in Chancery at Ottawa. Thither the
members are summoned by Proclamation in the
Canada Gazette, at the same time as the Senate
is assembled. Each member sits for five years,
which is the duration of each Parliament, unless
sooner dissolved by the Governor- General.
Twenty members, reckoning the Speaker, form a
quorum for the transacting of business. The
members themselves elect their Speaker at the
first sitting, and he continues in office during
that Parliament, unless a vacancy occurs.
When a vacancy occurs in the office of Speaker
by death, resignation, or otherwise, it is filled by
the House, in the same way as a Speaker is
originally appointed. In case of his absence for
48 hours, the House may temporarily appoint a
Speaker, who has all the powers, privileges, and
duties of the Speaker. The Speaker presides
over all meetings of the House, but has no vote,
except when the votes are equal. The House of
Commons is summoned b}' Instrument, under
the Great Seal of Canada, in the Queen's name,
bv the Governor-General, at the same time with
the Senate. Each member of the Commons
must take the oath of allegiance, as a Senator
does, before taking his seat in the House.
When a vacancy occurs in the Commons it is
filled by the issue of a new writ from the Office
of the Clerk of the Crown in Chancery for the
election of a member for the unrepresented
constituency.

CHAPTER vn.

THE PARLIAMENT OF CANADA— (CoxcLLDEn).— ITS POWEItS.

SuBJEiCT to Imperial Authority, the powers of
the Parliament of Canada are the general
powers of a Sovereign State, excepting those
which have been specially conferred on the
Provinces.* The effect of Imperial Authority is
that the Doni.inion Parliament has no power to
pass any Act, repugnant to the provisions of
any Act of Parliament, order, or regulation
thereunder, having the force of law in England.!
Such an Act, if passed, would be void and
inoperative, but only, however, to the extent of
its repugnancy. But a Colonial Act is not vo'd,
because it is inconsistent with the Royal
Instructions to the Governor-General.

The Sovereignty of a State is defined as
extending to evervthing which exists, bv its own

cry »j • -? ^ •/

authority, or is introduced by its permission.
The powers of the Parliament of Canada were
introduced by the permission of the people of
Canada, and exist by their own authority,
ratified by the Mother country. It is different
with the Provinces. The powers of their Legis-
latures are not conferred on them by their own
Provinces, but by the people of Canada, with

* Mr. Justice (now Chief Justice) Wilson, in yueeii vs. TayJor, 3(j U.
C. R.

t Imperial Act, 28 and 29 Vi' cap. <i3.

Mdiiiuil of Govfvumcnt in Canada.

kJ ^i

I '

the consent of the Sovereign power of Great
Britain ; and these Provinces cannot confer a
Sovereignly which will extend over them, and
tliey cannot be regarded as Sovereign States/'

A portion of the legislative power being
reserved to the Provinces, it might have been
thought that reserving all other powers to the
Central Parliament would have been sufficient.
However, the Act for greater certainty declares
(91st Sec.) that it shall have exclusive power to
legislate for the peace, order and good govern-
ment of Canada in the following matters :

1. The Public Debt and I'roperty.

2. Tlie Regulation of Tra<le and Commerce.

'■J. The Raising of Money by any ilode oi* System of
Taxation.

4. The Borrowing of ^loney on the Public Credit.

5. Postal Service.

6. The Census and Statistics.

7. Militia, Military and Naval Service, and Defence.

8. The fixing of and providing for the Salaries and
Allowances of Civil and other Officers of the Gov-
ernment of Canada.

9. Beacons, Buoys. Lighthouses, and Sable Island.

10. Navigation and Shii)ping.

1 1 . Quarantine, and the EstaVjlishment and M^.intenance
of Marine Hospitals.

12. Sea, Coast and Inland Fisheries.

13. Ferries between a Province and any British or For-
eign Country, or between Two Provinces.

14. Currency and <'oinage,

15. Banking, Incorporation of Banks, and the Issue of
Paper Money.

* Chief Justico Hagarty, in Leprohou r.s. Ottawa, 2 App. Out.

-',4tiV!vmaf.mx-- xXBWWW^-xtW"-

ManiutI of Gorenimrnt in CmifuJa.

16. Savings Banks.

17. Weiglits and Measures.

18. Bills of Exchange and Promi^^sory Notes.

19. Interest.

20. Legal Tender.

21. Bankruptcv and Insolvency.

22. Patents of Invention and Discoveiy.

23. Copyrights.

24. Indians and Lands reserved for the Indians.

25. Naturalization and Aliens..

26. Marriage and Divorce.

27. The Criminal Law, except the Constitution of Courts
of Criminal .Jurisdiction, Imt including the Vvo
cedure in ( 'riminal ^Matters.

28. The Establishment, Maintenance and Management
of Penitentiaries.

29. Such Classes of Subjects as are expressly excepted
in the Enumeration of the Classes of Subjects by
this Act assigned exclusively to the Legislatures of
the Provinces.

And any Matter coming within any of the Classes of
Subjects enumerated in this Section shall not be deemed
to come within the class of Mattei-s of a local or private
Nature comprised in the Enumeration of the Classes of
Subjects by this Act assigned exclusively to the Legis-
latures of the Provinces.

The construction put upon tlie wording of the
Statute by the late distinguished Chief Justice
Draper was that the Parliament of Canada has
the right to legislate on the subjects mentioned
in the 91st section of the Act to the exclusion of
the Imperial Parliament. The exclusive authority
mentioned in that section as belonging to Canada
does not, he says, refer to the subordinate
Provincial authorities, whose powers were not

C I

Hi-

If,
m

Manual of Governincnt in Caimda.

then conferred in them, but refers to the matters
of which the Imperial Parhament has renounced
its riglit to legishite tliereon. In support of this
he refers to the two Constitutions given to Canada
in the reign of Geo. III., which empower the
Colonial Legislature to make laws for the "peace,
welfare, and good government" of Canada. The
present Ccmstitutioii sets out specifically the
subjects on which the Parliament of Canada
can deal with, and which may be supposed to
comprise all subjects within the " peace, order,
and good government" of Canada ; and in regard
to these the Englisli Legislature has no concern,
and have deprived themselves of the right of
interfering therewith.''' It would appear there-
fore til at neither tlie Imperial Authorities nor
the Provincial Legislatures have any power to
legislate on any of these subjects.

The Parliament of Canada has moreover
power to make laws for the peace, order and
good government of Canada in relation to all
matters not exclusively assigned to the Pro-
vincial Legislatures. In other words, the
Parliament of Canada has power to Legislate on
ail such subjects, unless it is expressly stated
that it has not such power.

On the following subjects the Parliament of
Canada has no power to legislate in reference
thereto, but the different Provinces have exclu-
sively this right :

• Kc^iia vs. Taylor, :J6 U. C. K. See also Crombie vs. Jackson, per
Wilson, J. (now V. J.)

^'^T^tL..»iilH ■ ■■— ■

^xrtw.'MMMMMuiu

• iKWMlBHW. ..?«?*-•-- ■»"-

Manual of Government in Canada.

In each Province tlie Legislature may exclusively
make Laws in relation to Matters coming within the
Classes of SuV)jects next hereinafter enumerated, that
is to say —

1. The Amendment from Time to Time, notwithstand-
ing anytliing in this Act, of the Constitution of the
Province. excoj)t as regards the Office of Lieutenant-
Governor.

2. Direct Taxation within the Province in order to the
raising of a Revenue for Provincial I'lu-poses.

3. The borrowing of Money on the sole (/redit of the
Proving.

4. The Establishment and Tenure of Provincial ( »ffices
anil the Appointment %nd Payment of Provincial
Officers.

5. The Management and Sale of the I'ublic Limds
belonging to the Province, and of the Timber and
Wood thereon.

G. The Establishnn'nt, Maintenance and Management
of Public and Reformatory Prisons in and for the
Province.

7. The Establishment, Maintenance and Management
of Hospitals, Asylums, Charities, and Eleemosynary
Institutions in and for the Province, other than
Marine Hospitals.

8. Municipal Institutions in the Province.

9. Shop, Saloon, Tavern, Auctioneer, and other Li-
censes, in order to the raising of a Revenue for Pro-
vincial, Local, or Municipal Purposes.

10. Local Works and Undertakings, other than : —

a. Lines of Steam or other Ships, Railways, Canals,
Telegraphs, and other Works and Undertakings
connecting the Province with any other or others of
the Provinces, or extending beyond the Limits of
the Provinces :

b. Lines of Steamships between the Province and any
British or Foreign Country :

Manual of (iovertimcnt in Canada.

\ ;

c. Such \^rk.s as, though wlioUy situate witliin tlio
I'rovhicos, arc before or after their Execution
(lochirofl by the I'arHainent of (Janada to be for the
geniiral A(lvanta;^e of (.'aiuuhi, or for the Advantage
of 'I'wo or more of the Provinces.

11. The Incor])oration of Companies with Provincial
Objects.

12. The Solemnization of jrarriage in the Province.

13. Pro{)erty and Civil Rights in the Province.

14. The Administration of Justice in the Province,
including the Constitution, Maintenance and (Organ-
ization of Provincial <'ourts, both of Civil and of
Criminal Jurisdiction, an<l inckuling Procedure in
Civil Matters in those Courts.

15. The Imposition of Punishment by Fine, Penalty, or
Imprisonment, for enforcing any Law of the Pro-
vince made in relation to any ]\Iatter coming within
any of the Classes of Subjects enumerated in this
Section.

16. Generally all Matters of a merely local or i)rivate
Nature in the Province.

Within their respective limits each Legislature
is apparently supreme and free from any control
from any quarter. The Dominion Parliament
has no more authority to interfere with or regu-
late matters specially assigned to the Provinces
than tlie i'rovincial Legislatures to regulate
matters within the jurisdiction of the I'*oniinion
Parliament."

The powers of the Dominion Legislature and
of the I'rovincial Legislatures are distributed in
classes assigned to each. The Provincial Legis-
lature having only the powers specifically con-

* Parsons vs. Citizpirs Insurance Co., 4 Appeal, Ontario, im, per Burton,
J. A. See also C. ,J. Harrison in Leproliou vs. Ottawa, 40 U. C. R.

-V

Manual of (iovcnimeiU In Canada.

ferred — tho Dominion Lof^islatine liiivin<j;, bcsidoH
these specificully conferred, iill powers not speci-
liciiUy conferred upon the Local fjetjishitures,
it wouhl seem to follow tluit acts of the Provincial
Lef^islature which contiict with the powers con-
ferred Bpecilically or generally upon the general
government are ultra vires ,- so on the other hand
acts of the Dominion Parliament or Oovernnient
conflicting with powers conferred exclusively
upon the Provincial Legislature would he ultra
r'lres, would he acts of usurpation. This must
result from each l)eing creatures of the one
power — each deriving its authority from the
same source.*

The (xovernments of the Provinces are ones of
enumerated powers: the Federal Ciovernment
one of all generjil powers. A Federal law is
presumahly valid unless on the list assigned to
the Provinces ; a Provincial law is presumahly
void unless in the enumerated list. The Provinces
can claim nothing irrthe way of legislative powers
except what is expressly given to them ; the
Dominion can claim everything except what is
expressly taken away from it. Within the scope
of the functions assigned to each the powers of
the central and local governments over the sub-
jects respectively committed to their care are
complete, absolute and suiDreme.f

Besides this power of exclusive legislation, it

* Chancellor SpragKO in Lopruhoii vs. Ottawa, 2 Ontario Appeal.

t See Tonieroy on the ConHtitutioual Limitation of the States of the
Union, in his Constitutional Law.

£ii

I! ■

04 Manual of (iovernment in Canada.

has power to create new Provinces out of her
Territories, and bestow Constitutions and repre-
sentative Governments therein, and it may also
legislate for any Territory not included in a
Province.

It has largely to deal with the Judicature of the
countr}^ in the apiiointment of almost all the
Judges, and it has ^n'ovisions for establishing a
Court of Appeal for all the Provinces, and any
additional Courts for the better Administration of
the laws of Canada. It can also establish, abolish
and reconstruct Courts of Judicature, and may
alter the Constitution thereof.* It fixes the sala-
ries of the Lieutenant-Governors, and provides for
tlieir payment, and fixes and provides salaries for
nearly all the Judges in Canada. It has control
over the Consolidated Revenue Fund, as to its
appropriation for the Public Service, and it has
all necessary and proper powers with the
Government, for performing the obligations of
Canada or of any of its Provmces, as pan of
the British Empire, towards foreign countries,
arising under treaties, between the Empire and
such foreign countries, and it has control of the
Army, Navy, and Defence of the country. It has
concurrent Jurisdictions with the Provinces, in
matters relating to Immigration and Agriculture,
and in case of conflict in this regard, its Statutes
are paramount to the Provincial ones. It has
the exclusive control over the Supplies necessary

♦ Imperial Act, 28 and 29 Vic, cap. 63.

Manual of Government in Canada. 65

to carry on any sort of Government ; and it has
in its hands the power of deciding to whom the
Administration of Government will he entrusted.
In otlier words, it has the power of change of
Ministry, for no Ministry can carry on a Govern-
ment, for any length of time, unless supported
hy a majority in Parliament. The duties and
powers of an Administration will he referred to
hereafter, under the head of Administrative
Government. It is noted for the present, as
one of the consequential powers of Parliament.
Parliament, by enacting private Bills, such as
incorporating companies, or conferring privileges,
or in removing restraints, .^-c, deals largely in
Legislation of a Judicial character, which forms
the greater bulk of its work, and is of great
importance to the country.

In the removal of Judges the Parliament can
take action on addresses presented to it for that
purpose. Although the appointment of the
Judges rests with the Governor in Council the
Parliament has a remedy for the removal of
incompetent ones.

The privileges, immunities and powers of the
two Houses of Parliament must not exceed those
enjoyed by the House of Commons in England.
If the provision in the Act of 18(37 transfers all
the law and customs of the Commons in England,
the two Houses of the Dominion Parliament are
on a far different footing from what Colonial
Assemblies in general are. 1 ■ 3y still are not in

1:1

rl '

w >*-i

60 Manual of Govermuoit hi Canada.

the corresponding positions of the two Houses in
England.

A very distinguished Colonial lawyer, Chief
Justice Morris, remarks of the early Assemblies
in North America :

*' When any question arises here concerning a Gov-
ernor in Assembly, many are ready to ask Avhat the King
or l*arlianient of England does on a like occasion, vainly
tliinking that whatever is done by a King or J'arliament
is fit to be drawn into example for the place. However
extensive that notion may be in America, it is rather to
be laughed at than argued with, not but tliat the wisdom
and regidarity ol" a British I'arliament are very lit
patterns so far as they are imitable by us."

The English Parliament Inis a law and
custom of its own which are not uart of the
Common Law of England, but are separate and
distinct from it. Parliament there stands on its
own law. Colonial Assemblies are not on the
same footing, they derive their energies from the
Crown, and are regulated by charter and usages
and bv the Common Lnw of England. Indeed
it is laid down broadly that the principle upon
which the English Parliament rests its rights,
powers and privileges cannot be extended to a
Provincial Assembly. '•

* Clialnicr's Opinions.

CHAPTEli A^lir.

PROCEDUEE IN PARLIAMENT— BILLS.

The Governor Genera], under advice, exercises
the power of summoning Parliament, proroguing
itwlit'T' necessary or desirable, and dissolving it,
so far as the Commons is concerned, within the
period of live years fi'om its commencement.
Tlio Senate and Commons are summoned by
Prrclamation to attend at Ottawa on a certain
day, usuallj' in February, " for the despatch of
business ; to treat, do, act and conclude uj)on those
things which in our said Parliament of Canada,
by the Common Council of our said Dominion,
may by the favour of God be ordained."

The Parliament is opened by the Governor in
person in the Senate Chamber. The Senators
l)eing assembled the Speaker cominands the Gen-
tleman Usher of the Black Piod to proceed to the
Commons and acquaint that House that " it is
His Excellency's pleasure that they attend him
immediately in this House." The Commons
then proceed in a body to the bar of the Senate,
and, if at the beginning of a new Parliament, are
instructed to choose a Speaker for their House.
They then return to their own House, and having
chosen a Speaker, are again summoned to the
Senate, usually on the following day, and tlie
Speaker is then presented to the Governor-Gen-

Manual of Gorernmoit In Canada.

>f!

eral. The Speaker is the official means of
communication l)etween his House and the
Governor-General, and between the House and
Judges who make returns as to the Election
Petitions.

In the Senate the Speaker takes part with
the other Senators in debate. They do not
address him, though he occui)ies the Chair in
the Senate, but they address the rest of the
Senators. Any intemperate or offensive language
is dealt with by the Senate, which may censure
the delinquent, and may also interfere to pre-
vent quarrels between Senators. Thej' do not
vote by " Ayes " and " Noes," but those in favor
of the motion are the '* Contents," and those
opposing it the " Non-Contents." In all unpro-
vided cases the rules, usages and forms of the
House of Lords are to be followed. *'

The Speaker of the Commons is the First
Commoner in the Dominion, and has most
important duties to perform. He decides on all
questions of Order and of Parliamentary Prac-
tice, and sees that the Orders of the House are
carried out, and is judge of what is improper or
unparliamentary. He takes no part in the
debates, but has the casting vote in the case of
an equality of votes. He preserves order and
decorum in the House, and the members address
him instead of the other members. He decides
questions of order, subject to appeal to the
House, and he apprises the House of what is
unparliamentary.; He has charge of theoflicers

Manunl of Government in Canada.

and clerks in attendance on the House, fills
vacancies therein, and fixes salaries of new
employees. Both Speakers have to do with the
Library of Parliament, and during the Session
no persons except the Governor-General and the
meml)ers and ofticers of both Houses can resort
thither unless under authority from one of the
Speakers. In all unprovided cases the rules,
usages and forms of the English House of
Commons are to be followed in the Commons in
Canada.

English and French may be used in the
debates in both Houses, and the jourmils of the
debates are entered in both languages.

The House ordinarilv meets every dav at three
o'clock, except on Saturdays; and if sufficient
membeis are present to form a quorum, proceeds
to the despatch of business. This number, as
has been remarked, is fifteen in the Senate
and twenty m the Commons, of which number
the Speaker in each may be reckoned as one.
Certain routine business, such as presenting
and receiving petitions, and presenting reports
of the dift'erent committees in the House, and
motions, are taken up every da}' as they occur,
and afterwards the Orders of the Day, which
are different every day, are read, and proceeded
with. A day or more in the week is usually
reserved to the Government, in view of the large
amount of business in its hands.

At the beginning of each Parliament, and
each of its subsequent sessions, the Governor-

Manual of Government in Canada.

I* i:

General opens the session with a gracious speech
to hotli Houses, which is reported to them bj'
the Speaker of the Senate. This is supposed
to contain the leading points of proposed legis-
lation on the part of the (Tovernnient. Before
it is rei)orted some Bill is read pro forma.
Afterwards the speech is discussed in tlie House,
and, if carried, a reply presented to the Governor-
General. The legislation of the session is then
taken up.

Every member is privileged to bring in a
motion or 1)111;. but in the Commons he must
give notice of his intention to bring in a Bill.
When a Bill is brought in the House it is read
simply without discussion. On the second read-
ing the principles of the Bill are discussed.
If not interrupted at this or towards the next
stage, the Bill is committed ; that is, it is taken
into consideration in a committee of the House.
When the House goes into Committee the
Speaker leaves the Chair, and the Mace, which
represents Royal authority, is put under the
tabU'. The Hou'e may then appoint any mem-
ber as Chairman, and the strict rules of debate
observed in Parliament are relaxed. In Com-
mittee each clause of the ]3ill is considered and
voted upon. If the Committee liave not time to
get through th y ask leave to sit again. When
ready to report, or wlien tlie Committee must
rise, the Speaker resumes the Chair, and the
House proceeds to business. If ready, the Bill
is then read a third time. ITie only parts usu-

W
"i

Manual of Goccrnmeitt hi Canada. 71

ally left for a fourth reading are the preamhle
and title, which are always the last things con-
sidered. The Bill, having gone through these
different stages in the House where it originates,
is sent to the other House, where it passes
through tlie same stages Jis to readings.

In case of amendments hv one House on a
Bill sent from tiie other, the Senate arranges
cnnfcrences to bring al)out an agreement. For
this purpose each House appoints its own bearers
of messages. One of the Clerks of either House
may be a bearer from one House to another,
and the Master in Chancery, attending the
Senate, is received as their messenger to the
Commons. Mess-.iges may also be brought up
by two or more members of the Commons to
the Senate. A Committee of either House does
not receive a message from the other. The
Speaker takes the chair ; and the message, after
being read at the Bar, is delivered to the
Speaker, who reports the same to his House.
The answer is sent and received with correspond-
ing formality. If no agreement as to amend-
ment is arrived at, the Bill is lost.

After having been passed by both Houses, it
only requires the assent of the C^-vernor Gene-
ral to make it an Act (jf Parliament. When a
Bill })assed by botii Houses is presented to
His Excellency, he has three courses constitu-
tionally open to him. He may assent to the
Bill, in the Queen's name; he may withhold the
(^uen's assent; or he may reserve the Bill for

MniuKil of Gorfnniient in Cdiiddd.

ill

the signiticiitioii of the Queen's pleasure. The
Queen's assejit is seldom withheld : ])ut not
unfreq lently IJills are reserved for the signitica-
tion of Her pleasure. The Royal instructions to
the Governor-General sometimes set out speciii-
eally certain Bills, such as Divorce, Sec, which
must be reserved.

All Bills, except the Supply Bill, are supposed
to come from the Senate to the Crown. The
Supply Bill being esseniially a Bill of the House
of Commons, is assented to sj^ecially by the
Governor-General, tiiankinj^ them for affording
the funds necessary to carry on the Government
of the country. The Crown suggests the supplies ;
and probably if the case should arise in this
country the Crown would originate a Bill for a
general pardon in analogy to British precedent.
Beyond this, all measures originate indifferently
either in the Senate or Commons. Some Bills
are left to be originated in Select Committees,
some in Committee of the whole House. The
Public Bills affect the whole Dominion — Private
Bills affect individuals, companies, or corpora-
tions. These latter Bills, before being enter-
tained, reijuire a deposit of $100 in the Senate
and $200 in the Commons, and the costs of pri:it-
ing and translating the copies sent in. This is
in order to cover the expense of i rinting, ike.,
and Private Bills must be advertised in the
Canada Gazette, the official journal of the Gov-
ernment, for two months before the House opens.

CHAPTKK IX.

THE QUKKN S !>HIVY (•<)|\('II, FOR CANADA.

The Privy Council of Canada, as in Enjijland,
is assumed to be the past and present advisers
of the Crown. Privy Councillors are to aid and
advise in the Governnient of Canada, and are
chosen and summoned by the (xovernor-deneral
to advise and assist him in everv wav that "ood
Councillors should do. Persons who have been
]Ministers of the Crown since Confederation,
w^iether in or out of office, are said to be mem-
l)ers of the Privy Council, though what is
generally understood by the term is the acting
Ministrv for the time being. This is known here
and in England as the Cabinet Council. The
remainder of the Privy Councillors who are not
supporters of the Ministry take no part in the
Government. As they are usually the former
Ministers of a defeated Government, they form
the leading spirits in the Opposition. They are
Privy Councillors without being summoned to
the Cabinet Council.

All the Privy Councillors are sworn in as such
on accepting office, and are chosen for life ; that
is, they are liable to be summoned at any time to
take part in forming a Government. In order
to be a member of the Government a Privy
Councillor, if not a Senator, must have a suau in

74 Manual of Goccruntcnt in Canada.

the Commons. An actinpj Minister must ho in
either House, but lie eannot be a mofpler of
both Houses at the same time. A member of
the Privy Council may be a member of the
Cabinet and yet have no portfolio in the (lovern-
ment ; that is, may not be the head of any of the
Departments of Stat< , and answerable to the
House of Commons or Senate for his share or
conduct of the public affairs of the Dominion.
The Government as a body is answerable for all
acts of its Ministers whether they have j^ortfolios
or not.

The Cabinet, or Ministry, is now composed of
tliirteen members ; twelve of these have charge
of the different departments into which the
work of governing tht? country is divided, and
one is President of the Council, with no very
detinc'd duties to ])erform. The duties of the
^Ministers having charge of Departments are laid
down ])y Act of Parliament ; and they are obliged
to report annually to Parliament, as to the
matters under their control. This most im-
portant part of the management of Public
Affairs is called Administrative Government,
and will be detailed in the next few chapters.

Besides the individual duties of the ]\Iinisters,
the Privy Council, as a body, have very important
l)owers and duties. They advise the Governor-
General, it may be safely said, upon all his
Official Acts, and they, and not he, are respon-
sible for all Parliamentary Enactments, all
Proclamations, all Orders in Council, ka.

MitiiiKil of (ioi'('V)uu('nt in Canada.

As advisers of the Crown, tliey must see not
only tliat the Parliiiinont of Canada keeps within
its duo Hniits, but that the Provincial Legis-
latures do not transgress their Constitutional
bounds in legislation or otlierwise. They advise
the Governor-General of the proper persons to
be Lieutenant-Governors of the Province, and
suggest his removal when the gravity of the
case may requii • it. They are, in short, re-
sponsible for the i. egislation passed in Parlia-
ment, or permitted, or omitted to l)e passed ; for
the due execution of the laws, w^iether done under
their own supervision in the Department of State
or otherwise ; and with them rests the appoint-
ment of Judges for the construction and interpre-
tation of the laws, when enacted. In tliis country
they are themselves relieved from any Judicial
functions, as there is no such thing as a Judicial
Committee of the Privy Council in Canada, as a
Court of Appeal. The occasion does not arise
for similar duties to the Judicial Committee of
the Privy Council in England, as the latter
entertains chiefly appeals from the Colonies,
which of course Canada could not have. The
Judicial Committee of the Privy Council in
England determines all matters that can come
judicially before the Queen ; and amongst others,
decides on all matters of Colonial reference, and
is the ultimate resort of a Colonial subject, on an
appeal from the laws of his own colony. The
Privy Council in Canada can refer certain

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matters to the Supreme Court at Ottawa, as
will be referred to hereafter.

The duties of the Privy Councillors, as defined
by their oath of office, are to serve her Majesty
truly and faithfully in lu r Council ; to keep secret
all matters treats d, debated or resolved in the
Privy Council from all persons outside of that
bod 3' : and if the n»atter refer to any member of
the Council concer^iin^^ his loyalty and lidelity,
then it nmst not be disclosed to that member
until the Queen's pleasure be known in that
behalf. They must in all thinj^s faithfully,
honestly and truly declare tlieir mind and opinion
to tlie h(mor iind benefit of her Majesty : and in
f^eneral be vij^ilant, diligent and circumspect
in all their doings touching the Queen's affairs,
as good Councillors should do.

These functif>ns of the Privy Council are exer-
cised by the Cabinet Council ; but the oath taken
by each Privy Councillor on his accepting office
would oblige him to be mindful of these duties
during his life-time, his appointment lasting
during that period. Complete harmony of action
is required among the members of the Govern-
ment when what are called " Cabinet questions "
arise. If any member of the (iovernment fails
to agree with the views of the Council on such
questions it is his duty to resign. On tliese
questions the Government of the day stands or
falls together. Measures initiated by members
of the (iovernment are not necessarily measures

Manaal of Goccrnment in Conmla.

upon which, if the MiniHtry are (lefeated in the
Commons, it would he their duty to resij^n. Hut
if tlie Ministry make any question, otherwise not
a Government measure, to he such, then their
defeat on that would give rise to votes of want
of eonlidence, which, if successful, would neces-
sitate a chan«?e of Ministry.

The CahinetC'Ouncil is, therefore, a Huctuating
body, which, hesidesheinpjt! le choice of t lie Crown,
is also tlie approved party of tlie two Houses of
Parhament. The Cabinet, on one sidi', takes its
origin in the two Houses of Parliament, and on
the other exists and acts in the Executive. It is
well defined as tile connecting link between the
Legislative and Executive authority.* For,
although in theory the Queen is the Executive,
the Privy Council or Ciovernment is the real
Executive, 'i'he other is a fiction per[)etuated
here by statute, but none the less a fiction.
The Queen, or Governor-Generiil in Canada,
does every thing, it is true, but does it because
the Privy Council advise so: and witliout such
advice nothing is done.

The l*rivy Council is a section of the Houses
of Parliament, ami yet it rules not only the
first estate, but th(^ other two as well. In fact,
it is a deputed ConiKiittee of Parliament wiiich
carries on the Government. Its aim is to please
the Senate and C(>mmons. So long as it does
that it cannot displease the Crown. Whatever

* Bagehot, ou The Kugliiili Cuustitutioii.

Mavual of (inrrniment in Canada,

tlicy adviKc is done, nnd presuniably is done for
the host, ns the p<'ople are satisHed. and wlien
they are, the Crown iRsatisfi(d. Tlie Crown Inis
no choice in rcahty ; it diKcovers the people's
choice, and tlji'n HehctH him as Leader — as
Prime Minister. He is the double choice, and
our Constitution d«)es not admit of the supposi-
tion that the Crown will choose anv one not the
choice of the people. This i« not saying; hut
that the Crown has certain abstract rights; but
these are obsolete and disused in Kiij^land, and
can have no application here. The Cabinet
Council, in <'rt'eet, governs the peoj>le ; and the
jieople, and the i)e<)ple only, have to say of whom
the Cabinet is to be composed. It is their loss
or pain, and is their choice by right. The Crown
approves without interfering.

CHAPTKi; X.

KXKCITIVE (iUVKRN.MKXT.-ADMINISTHATlVK UUAXCII.

I. TnK Ckow.s.

Having considered tlie Lof^islativc functions
of the (lovcrnniont of ('anadu. attention will
now he directj'd to its Kxrcntive. This is
divided into two parts l^y sonke writers, viz..
Administrative and Judicial Government : hut
tht' three duties r>f (tovernrnent in inakin;^,
explaininc; and enforcing laws will !>•• found to he
convenii-nt.

The Executive (iovtrmutnt and autliority in
and over Cana<la is vested in tlie (^ueen. The
Government of Canada is carried on hy and on
hehalf of the Queen hy a (iovernor-General aided
and assisted hy Privy Councillors. What prero-
<j;atives of Royalty can he exercised hy the
Governor-General are not easily ascertained, as
was seen in a former chapter. So far in the
History of the Dominioti it does not appear that
he can oflicially act <>tiier than on the julvice of
his responsihh' Ministers. When a Ministry
resigns, tiie Crown stantls alone with no adviser
known to the Constituti(m. Its tirst stej) taken
towards the fonnation of a nt-w Ministry is
one taken on advice. A mem her accepting
the position of leader of a new Government is hy
the theory of the Constitution advising the

MdinKtl of' (Joreniinent in ('ainuia.

(lOVcrnor-Gt'iieral to that step. The new leader
adviHes l)y accoptiiif^.

Prohahly the only instance in which « Gov-
ernor must act on his own independent advice is
wliere he conceives that the Policy of his present
advisers is not such as the country would uphold
if the elective branch were dissolved and the
country left to decide the question. This new
Ministry would, however, have to shoulder the
responsibility of this extraordinary course. It
may well happen that a Ministry, even in •,'ood
faith, would mistake the right course where
several are open to it, and then feel itself bounu
to continue that course. A prudent Governor,
superior to party and viewing his country from
an elevation higher than his advisers view it, may
conclude that the country would n.>t approve of
such a course as his Ministry advise him to
pursue. The Crown outlives party: to-day one
set of advisers are in power, and to morrow they
are gone, lie remains, and in extraordinary
emergencies his timely check may save his
countrv.

ft/

This, however, may not happen, with a series
of Governors, in the space of a century. His
Ministry for the time being, represent the people;
and it is more reasonable that he should take
their advice than that they take hi •, and the
respjnsihility of it, at the same time. They
cannot avoid the responsibility ; and they would
be ridiculous and inconsistent in aying the

Maiiiutl of Government in Canada. 81

advice was not theirs, but wan tlie Governor's.
He is not responsible to the people, but his
Ministry is; and it is generally be^ster for the
people to have a Governor who will follow his
a iVisers, than to have one looking for advisers.
In the ordinary course of events, there could be
no hesitancy in preferring the advice of a
responsible Ministry to that of an irresponsible
official.

The people have decided who is to rule them
for a term of years at a time. Their choice
may have been unfortunate, but there appears no
way of recalling it, unless tlie Governor fancies
he can safely dii^'^olve the House on the
strength of what he relieves the public sentiment
to be. This may sometimes be necessary and
expedient ; but it is a dangerous experiment, and
appears to be contrary to the spirit of the
British Constitution in modern times. The
Crown is satisfied at the clioice the people have
made in the last election — it does not speculate,
as to what choice they will make in tlie next.

The fact seems to be that some body must
take the responsibility of even this official act of
the Governor-General, either the outgoing or
incoming Ministry as to change of Government.
The moment any one accepts the leadership, he
tenders advice as to the choice.

In the exercise of the lioyal Prerogative of
Pardon the British Government for a long time

Manual of Government in Canada.

held out that the exercise of this power vested in
the Governor-General without the advice of his
Ministers ; but they amended the instructions to
Lord DufTerin on this point on the able arguments
advanced hy the Canadian Minister of Justice,
the Hon. Edward Blake.

Other administrative statutory rights of the
Crown, such as convoking or diKsolvin«:j Parlia-
ment, appointing Judgts, appointing Lieutenant-
Governors, »\:c., though vested in tlie Governor-
General are, in reality, done under advice from
responsible Ministers.

II. Thk Paiuja.mknt.

'I'lio administrative functions of Parliament
have already been referred to. By the defeat of
the acting Administration on a test question they
force them to resign. The Parliament, in caso
the Crown refuses to agree with it, can refuse
the Supplies and create a deadlock in public
affairs. It has also the removal of Judges m its
power, on petition made for that purpose.

HI. PlUVY CoiNCn, COI.LKCTIVELY.

The administrative functions of the Privy
Council as a body consist in promulgating Orders
in Council which have the effect of laws, issuing
proclamations, directing enquiries in public
matters, taking action in unforeseen emergencies,
and advising in all matters done officially by the
Governor-General in Council and out of it. The

Manual of Government in Canada. 83

proceedings of the Privy Council are secret, or
supposed to be so, and the Council is presided
over by one of their members called the President
of the Council. The Governor-General is not
often present ; on exceptional occasions he pro-
sides. The practice was reported to England to
be that the questions of State are discussed by
the Council and by the First Minister, anl
reported to the Governor-General.

CHAT»TKR XI.

ADMINISTRATIVK (M)VKRNMKNT.— MINISTERS' DEPART-
MENTAL DUTIKS.

Thk task of administering the public affairs
of Canada is divided into twelve departments,
each presided over by a Minister, who makes an
annual report to Parliament by command of the
Governor-General. If the administration of
public affairs is not to the satisfaction of Parlia-
ment the task can be handed over to others.
No particular place is assigned to the Leader,
or Prime Minister. In England the Leader is
usually First Lord of the Treasury, but the
Departmental work there is not at all similar to
what it is in Canada.

Each Minister is paid $7,000 per annum as
compensation for his labor. The Ministers in
the different Departments at Ottawa are assisted
by deputies and assistants, who form the Civil
Service of Canada. The following are the De-
partments as they stand at present, since the

Statutes of 18V9 :

1. The Department of Justice.

2. The Department of Finance.

3. The Department of Agriculture.

4. The Department of the Secretary of State of Canada.

5. The Department of Militia and Defence.

6. The Department of Customs.

7. The Department of Inland Revenue.

8. The Department of the Interior.

9. The Department of Public Works.

10. The Department of Railways and Canals.

11. The Post Office Department.

12. The Department of Marine and Fisheries.

CHAPTER XH.

AnMINISTPATIVK UOVKRNMKNT.-K'oHxiJfUKD.)

1. TiiK Pepartmknt (»k Justick.

Thih Department of tlie Civil Service is
presided over by the Minister of Justice for
Canada, who is appointed hy Uie (tovernor-
General, by Commission, under the (ireat Seal,
and who holds oDice during; pleasure — that is, so
long as the Government, of which he is a mem-
ber, retains office. The Minister of Justice is by
virtue of his office Attorney-General of Canada,
and in this regard, he is entrusted with the same
powers, and charged with tiie same duties, which
belong to the office of Attorney-General for
England, by law, or usage, so far as the same
powers and duties are applicable to Canada ; and
also with such powers and duties as belonged to
that office, prior to 1867, in the Province, in
order to carry out the provisions of the Con-
federation Act by the Government of the
Dominion.

He is Legal Adviser of the Governor-General,
and the Legal Member of the Privy Council.
He must see that tlie Administration of Public
Affairs is in accordance with law. He has the
superintendence of all matters connected with
the Administration of Justice in Canada, that
does not fall within the Jurisdiction of the
Provinces. He must advise upon the Legislation
of the Provinces in case it be in excess of their

Manmil of Government in Cunmla.

powers, and must advise tlie Crown generally
upon all matters of law referred to liim. He
advises tlie heads of the other Departments upon
all matters of Law connected with their
departments. He settles and approves of all
Instruments issued under the (ireat Seal of
Canada, has the conduct and regulation of all
litigation for or against the Crown, or any
Public Department, in matters within the
authority and jurisdiction of the Dominion ; and
he may have to advise on other matters referred
to him by the (lovernor in Council. He has
also the superintendence of Penitentiaries and
the Prison system of the Dominion, and returns
are made to him every year from Penitentiaries,
(laols, Lunatic Asylums and Reformatories.

The Governor appoints a Deputy of the
Minister of Justice, who is charged with the
performance of these Departmental duties,
under the Minister. He has the control and
management of the officers, clerks and servants
of the Department, who are appointed by the
Governor, and he may have other powers and
duties assigned him by the Governor in Council.

By order in Council, dated in February, 1876,
rules for proceedings in the Supreme Court were
promulgated, and the general practice of the
Court in receiving and hearing appeals was laid
down.

The Minister of Justice is now a member of
the Treasury Board in the room, and stead of
the Receiver-General.

CHAITE!{ XHI.

AHMINISTRATIVK OoVKHNMKNT— (rorrtjernn.)

2. Tub Dur.viTMKST ok Financk.

This Department of the Civil Servict ia
presided over by tlie MiniHter of Finance a ad
Receiver (leneral, appointed and lioldi? •, office
like the ^f'lister of JuHtice and the other Min i-
terH of the Crown.

Tiiib Department has the HUpervision, control
and direction of all matters relating: to the
Financial Affairs and Public Accounts, Uevenue
and Expenditure of the Dominiim, excepting such
of these matters as may be assigned to other
departments, as Customs. iV:c.

The Governor-General appoints a De])uty
Minister of Finance, wlio is Deputy Head of the
Department and Secretary of the Treasury
Board. Formerly the Auditor General and an
officer called the Deputy Inspector (ieneral were
officers of this Department. A Board called the
Treasury Board, consisting of the Minister of
Finance, the Minister of Justice, the Minister of
Customs, and the Minister of Inland Revenue is
a Committee of the Privv Council on all matters
mentioned as belonging to tliis Department.
The Board mav call the attention of the Council
to any of these matters, or the Council may refer
any of them to the Board. The Board has

88 Manual of Government in Canada.

.* ■•;

power tc require from any Public Department,
Board or Officer, or other person or pnrty bound
by law to furnish the same to the Government,
any account, return, statement, document, or
information which the Board may think necessary
for the due performance of its duties. By the
^Yord Revenue in this Department is meant
Revenue of the Dominion of Canada and all
branches thereof, and all public moneys, whether
arising from duties of Customs or other duties,
or from the Post Office, or from tolls on Canals,
Railways or other public works, or from penalties
or forfeitures, or rents or dues, or other source
whatsoever, and whether the money belongs to
or is collected by the Dominion in trust for any
Province or for Great Britain. The Governor
in Council determines what officers are necessary
in the collection of the Revenue, and divides up
Canada into posts and districts for Revenue pur-
poses, and makes all necessary regulations for
payment and accounting for the Revenue. No
money is paid out of the Public Chest unless by
cheque on some bank upon the warrant of the
Governor in Council, signed by the Receiver
General and countersigned by the Minister of
Finance, or their respective Deputies.

The Governor appoints a Board of Audit,
whose duty it is to report on any accounts laid
before it. This Board consists of the Deputy
Postmaster-General, the Comm.issioner of Cus-
toms, the Commissioner of Inland Revenue, the

Manual of Government in Canada.

Deputy Minister of Finance, the Deputy of the
Minister of Public Works, the Deputy of the
Minister of Militia, the Deputy of the Minister
of Marine and Fisheries, and an Auditor-
General, appointed by the Governor, who is
Chairman of the Board. This Board examines
into public accounts submitted to them, and
reports to the Minister of Finance, and no deci-
sion of the Board is binding until approved of
by him. The Board prepares and submits to
the Minister of Finance the public accounts to
be annually laid before i'arliament for the finan-
cial year. The iinancial year begins on the 30th
of June in each year. This Board has power to
examine persons on oath, to obtain writs of
summons, issue commissions, and to take evi-
dence when necessary.

This Department has to deal with banks
issuing Dominion notes in place of their own,
and also with the issue of Dominion notes, and
with the currency generally.

The Minister of Finance is now Receiver-
General, and has all the powers and duties
which the Ueceiver-Creneral was charged with.

For the more complete examination of the
public accounts, and for the reporting thereon,
the Governor General may, under the Great Seal,
appoint an Auditor General of Canada, who holds
office till removed bv the Governor-General on
the address of the Senate and Commons. He
issues all cheques under the Parliamentary

(

^B'^-^

^^H

^^B

^^H

^^K

^^^H

^^^B

■|i

90 Manual of Government in Canada.

appropriation, and unless in these cases no cheque
of the P'inance Minister shall issue unless upon
his certificate. He certifies and reports as to
the puhlic accounts presented to Parliament by
the Minister.

The Deput}' of the Minister shall keep the
accounts with the Financial Agents of the Domi-
nion in England and with the banks paying or
receiving public money, pnd accounts of money
paid for interest on Canadian stock, debentures
or other securities. He shall countersign all
debentures and keep a debenture book, an interest
l)ook respecting them, and an appropriation book,
and shall keep the pul)lic accounts of the Domi-
nion, and has control and direction of its financial
affairs, public accounts, revenue and expenditure
under the Minister. He prepares and submits
to the Ministers the public accounts to be laid
before Parliament. The manner of dealing with
this most important part of the public affairs in
the Finance Department is too complicated to
give even a general idea of its workings within
a small space. The reader must be referred to
Public Accounts Audit Act, 1878, and its amend-
ments.

■m

CHAPTER XIV.

ADMINISTRATIVE GOVERNMENT.— (CoirriNOED.)

3. The Department of Aorioulturb.

This Department is presided over by the
Minister of Agriculture, who, with a Deputy
Minister, has charge of the management and
direction of the Department.

The duties and powers of the Minister of
Agriculture, extend to the execution of the
laws enacted by the Parliament of Canada, and
of the orders of the Governor-General in
Council relating to the following subjects, which
are controlled and directed by the Department :

1. Agriculture.

2. Immigration and Emigration.

3. Public Health and Quarantine.

4. The Marine and Emigrant Hospital at Quebec.

5. Arts and Manufactures.

0. The Census, Statistics and the Registration of Statis-
tics.

7. Patents of Invention.

8. Copyright.

9. Industrial Designs r 1 Trade Marks.

Any of these powers and duties may be
assigned to other members of the Privy Council
by the Governor in Council, and the same power
may also assign additional duties to the Minister
of Agriculture than those above enumerated.
The Minister is bound to make his Annual
Keport to both Houses of Parliament within

S; !

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92 Manual of Government in Canada.

twenty days after the commencement of the
Session.

Each of the Provinces has power to Legislate
in relation to Agriculture in its respective
Province, and also in relation to Immigration
into such Province. The Dominion has power
to Legislate, in relation to these same subjects,
in all or any of the Provinces ; and the
Provincial law takes effect so long and as far
only as it is not repugnant to any Act of the
Parliament of Canada. These two subjects of
Agriculture and Immigration into the Provin-^as
are the only subjects in which Canada and the
Provinces have concurrent Jurisdiction. Canada
maintains Emigration Offices in Great Britain
and in Canada ; and arrangements are entered
into by which the Dominion and Provincial
Governments assist each other in this particular ;
and conferences of the delegates of both Gov-
ernments are convened from time to time in
the Office of this Department. Minute statutory
Begulations are made in regard to Immigrants,
Quarantine, &c. ; and the Governor in Council is
empowered to make regulations to carry out the
Quarantine Act, or prohibit the landing of vicious
immigrants, &c.

The Minister of Agriculture keeps a register
of Copyrights, in which proprietors of literary,
scientific and artistic works or compositions
may register the same under the Copyright Act
of 1875. The Minister has power to make rules

Manual of Government in Canada, 98

and regulationB and prescribe forms for this pur-
pose. The term of copyright is for twenty-eight
years, and may, under certain circumstances,
be renewed for fourteen years after the expira-
tion of that time. Two copies of the work are
deposited in this Office, one of which is forwarded
to the Library of Parliament. The notice of
obtaining a copyright must appear in the work
itself in a prescribed form. The rules and regu-
lations are laid down by an order of the Privy
Council dated 7th December, 1875. The regu-
lations as to Trade-marks and Designs were laid
down by Statute in h>19.

The Min'ster of Agriculture receives returns
as to criminal statistics every year up to the
30th September, from the proper officers of the
courts administering criminal justice, and from
Wardens and Sheriffs and Justices of the Peace,
and records of the same are kept in his Depart-
ment. He receives also such returns as to the
exercise of the prerogative of mercy as are fur-
nished by the Secretary of State. These statis-
tics and returns are abstracted and printed

yearly. '

A Census shall be taken in 1881, and in eveiy
tenth year thereafter, at the beginning of each
such year. The details of the Census shall be
directed by the Governor in Council ; and this
Department shall prepare all forms and instruc-
tions necessary for that purpose, and examine
into the returns and records, and lay before

Manual of Government in Canada.

Parliament such abstracts and tabular returns
shewing the results of the Census as accurately
and fully as possible.

The Minister of Agriculture is, under the
approval of the Governor in Council, from time
to time to collect, abstract, tabulate and publish
the Vital, Agricultural, Commercial, Criminal
and other statistics of the country ; and has all.
the necessary powers to provide himself with all
proper officers and assistants for that purpose.
Regulations as to Contageous Diseases in Cattle
issue from this Department by order of the
Governor in Council.

CHAPTER XV.

ADMrVISTRATTVE OOVKRXMF.NT— (rowTtsCKD.)

4. Thk Depaktmentoftiik Skckktauy ok State of Canada.

The Department is presided over by the
Secretary of State of Canada, and managed
under his direction. The Governor-Cieneral may
also appoint an " I'uder Secretary of State" and
other necessary officers.

The duty of this Minister is to have charge of
the State Correspondence, to keep all State
Records and papers not speciall}' transferred to
other Departments, and to perform such other
duties as may be assigned him. He is the
Kegistrar General of Canada, and as such
registers all Instruments of Summons, Commis-
sions, Letters Patent, Writs, and other Instru-
ments issued under the Great Seal ; and the
Cnder Secretary of State, as Deputy Registrar
General of Canada, may sign and certify the
registration of all instruments and documents
required to be registered, and may issue certified
or authenticated copies of these or any records
in the office which may be so required. He has
also control of the tariff of fees in the applica-
tion of Letters-patent, and it is througli his
Department that these issue.

The office of Superintendent of Indian Affairs
was formerlv entrusted to this Minister ; and he

96 Mantuil of Government in Canada.

had control and management of the lands and
property of the Indians in Canada ; but now this
is assigned to the Minister of the Interior.

The Secretary of State had formerly charge
of the North-West Mounted Police. This is now
transferred to the Minister of the Interior.

All powers and duties vested in the Commis-
sioner of Crown Lands, with respect to Ordinance
or Admiralty Lands in the late Province of Canada,
are transferred and vested in the Secretary of
State, and are to be exercised and performed by
him. He has also control and management of
all Dominion Crown Lands not specially under
the control of the Public Works Department.

The Secretary of State reports annually to
Parliament within ten days after its commence-
ment.

The Secretary of State has charge of the
State correspondence with the Provinces, as
there is now no Secretary of State for the Pro-
vinces. He has charge of supplying the sta-
tionery required by the several Departments of
the Government, and has charge of the Station-
ery Department, and the Queen's Printer is an
officer of this Department.

The Queen's Printer for Canada is appointed
by commission under the Great Seal, and holds
office during pleasure. He prints and publishes,
under the authority of the Governor in Council,
the Official Gazette of the Dominion, known as
the Canada Gazette. All the requisite depart-

Manual of Government in Canada.

mental and other reports, forms, documents
and other papers, all State Proclamations, and
all official notices, advertisements and docu-
ments relating; to the Dominion of Canada and
under the control of Parliament, and requiring
puhlication, must he puhlished in the Canada
Gazette, unless some other mode of puhlication
is required hy law.

CHAPTEK XVJ.

I i
I 1

ADMINI8TRATIVK (JOVERNMKNT.— ContisceI).)

5. Thk Dki'akt.mkxt of Marine and Fisheries.

The MiniKter of Afarine and Fisheries han the
management and direction of this Pubhc De-
partment under his control. His Deputy directs
and oversees the other officers and servants of
the J)epartment, and has {general control of its
business in the absence of the Minister.

The following are the matters within the con-
trol of this Department, under any existing
laws in reference thereto :

1. Sea, Coast and Inland Fisheries, and the manage-
ment regulation and protection thereof, and anything
relating thereto ;

2. Trinity Houses and Trinity Boards, Pilots and
Pilotage, and Decayed I'ilots' Funds ;

3. Beacons, Buoys, Liglits, Light-Houses, and their
maintenance ;

4. Harbors, Ports, Piers ani Wharves, Steamers and
Vessels belonging to the Government of Canada, except
Gunboats or other Vessels of War ;

5. Harbor Commissioners and Harbor Masters ;

6. Classification of Vessels, and examination and
granting of Certificates of Masters and Mates, and
others in the Merchant service ;

7. Shipping Masters and Shipping OflScers ;

8. Inspection of Steamboats and boards of Steamboat
inspection ;

9. Enquiries into causes of Shipwrecks ;

Manual of Government in Canada.

10. Establishment, regulation and maintenance of
Marine and Seamen Hospitals and care of distressed
seamen, and generally such matters as refer to the
Marine and Navigation of Canada.

Orders in Council regulate tlie close seasons
for fish in the different Provincds, and are made
on the recommendation of the Minister of this
Department.

The Governor in Council may at any time, by
Proclamation, transfer from this Department to
the Department of Public Works the construction
and repair of Light Houses.

[! 'i

CIIAITKn XVII.

ADMIN'ISTRATIVK (J<»VKRXMKNT.-(Coi»TiKirKn.)

('). Depaktmknt of Mimtia and Dkhknck.

The MiniHter of Militia and Defeiico is charged
with and reKponsihle for the administration of
MiHtia AffairH, including all niatterK involving
expenditure, and of the fortitications, gunboats,
ordnance, ammunition, arms, armories, stores,
munitions, and hahiliments of war belonging to
Canada. He has also the initiative in all Militia
Affairs involving the expenditure of money.
The Governor in Council may appoint a Deputy
to this Minister, and such other olHcers as may
be necessary, and prescribe their duties.

The Command-in-Chief of the Land and Naval
Militia, and of all Naval and Military forces of
and in Canada, is vested in the Queen, and shall
be exercised and administered by Her Majesty
personally, or by the Governor-General as Her
rejiresentative.

The Militia consists of all the male inhabitants

over eighteen years of age and under sixty, not

exempted or disqualitied by law, and being

British subjects by birth or naturalization.

There are four classes of Militia, as follows :

1 . 18 and over 1 8, and under 30 years, who are unmarried
or widowers without children. These will be called
upon to serve first.

■%.

../

yfimnnl of Government in C<infi(hi. lOl

2. Those of 30 and upwards, but uiuli-r 4.'), unmarried,
or wiilowors, without chihlren. TI»«*»to will bo
called after the first (;la88.

o. Those of IS and upwards, but under 4'), who are
marrietl, or widowers, with chihlren. These will,
are next liable to bo called.

4. Those of 40 and upwards, but under CO. These are
not calif ' until the others are serving.

Her Majority may, however, in the case of a
general rising, or rebellion, require all the male
inhabitants of the Dominion, capable of bearing
arms, to serve in the Militia.

The Militia is divided into the Active and
Reserve Militia.

1. The Actire consists of tliree divisions :

(a.) The Volunteers, who are com|)ose<l of corps, raised
by enlistment, who serve for throe years, in time of
peace.

(6.) Tlie regulars are composed of men who voluntarily
enlist to serve therem, or of men balloted to serve
or of men who voluntJirily enlist to serve with the
balloted men, and of men balloted to serve.

(c.) The Marines are composed of seamen sailors, and
persons whose usual occupation is upon any
steamer, or sailing craft, navigating the waters of
theDominion. The term of service of the Marines
and Regulars is two years.

2. The Reserve Militia consists of the whole of
the men not serving in the Active Militia of the
time being.

I !;

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102 Manual of Government in Canada.

Canada is divided into twelve Military Dis-
tricts:

Ontario 4

Quebec 3

Nova Scotia , I

New Brunswick 1

Manitoba 1

British Columbia 1

Prince Edward Island 1

Schools of Instruction are established in gar-
rison towns in Canada ; and the staff of In-
structors, under the superintendence of a mili-
tary officer calleJ a Commandant, is appointed
by the Governor in Council. The regulations
for admission, ka., are laid down by Order in
Council.

Tlie Department of Militia and Defence pays
those on the pension list, and enquires who are
entitled to pensions.

Certain lands in Canada used for military
defence, or under the control of the Ordnance
Department, are vested in the Secretary of
State for War in England, who can dispose of
the same or purchase new lands for military
l^urposes.

As regards the Naval defence of the Province,
all the lands and other real property, such ac
docks, dock-yards, arsenals, piers, wharves,
quays, kc, vest in the Commissioner of the
Admiralty, or Lord High Admiral of England,
with power to dispose of the same, and other
powers, similar to the Secretary of State for
War as to the land defence.

\ I

CHAPTER XVIII.

ADMINISTRATIVK GOV KRXMKNT.— (Continued/)

7. TnK Departmkn't of (Customs.
The Department of Customs is presided over
by the ^[inister of Customs appointed under the
Great Seal, and liolding office during; pleasure.
The Governcr-General appoints a Commissioner
of Customs, and an Assistant Commissioner of
Customs. These have certain powers and
perform certain duties assigned them by the
Governor-General, or by tlie Minister of Customs.

This Department has control and manage-
ment:

1. Of the collection of the duties of Customs aivl of
matters incident thereto, and of the officers and servants
employed in that service.

2. Of the Collection of Tolls on the Public Canals, and
of matters incident thereto, and of the officers and
persons employed in that service, subject to certain
Acts, Customs and the Revenue and public accounts and
accountants.

The Governor-General may appoint a Board
of Examiners for all employees in this depart-
ment, and these may classify the persons
employed, and grant certilicates accordingly.

The Minister of Customs reports annually to
Parliament on the transactions and affairs of his
Department within 15 days after Parliament
opens.

CHAPTEK XIX.

. ]

ill

' I

AmiINISTRATIVE (lOVEKXMKXT.— (Continued. >

8, Thk Depaktment of Inland Rkvente.

This Dej^artment is presided over by the Min-
ister of Inland Iievenue, who is assisted by a
Commissioner of Inland Iievenue and an Assist-
ant Commissioner, called also Inspector of the
Department, in i)erforming such duties as are
assigned to them by the Governor-General or by
the Minister in charge.

This Department has the control and manage-
ment —

1. Uf the collection of all duties of Excise ;

2. Of tlie collection of Stamp Duties and the prepara-

tion and issue of stamps and stamjjed paper,
«>xcei3t i^ostage stamps ;

3. Of Internal Taxes :

4. Of Standanl Weights and Measures ;

5. The administration of the laws affecting the culling

and measurement of timber, masts, spars, deals

and staves, and other articles of a like nature, and

the collection of sHdage and boomage dues ;

0. The collection of Bridge and Ferry tolls and rents ;

.Subject always to the provisions of the Acts relating

to the saic' subjects and matters connected therewith.

The regulations as to balances, and weighing

machines are laid down by order of the Privy

Council, dated 10th July, 1877. Under a

previous order Canada was divided into ten

districts, under the Act respecting Weights and

Manual of Government in Cawida. 105

Measures ; four for Ontario ; two for Quebec ; and
one for tlie other Provinces, except Prince
Edward Island. In this office are regulations
for the inspection, verification and testing of
gas, and for analyzing food, under the Acts to
prevent the adulteration of food. The weights
and measures Act of 1879 provides for uniform-
ity of weights and measures, and prescribes
standards therefor as deposited in this Depart-
ment.

The Governor-General may appoint officers
and other persons to carry out all acts relating
to the Departmv^nt of Inland Revenue, or any
orders in Council, or regulations made there-
under. A Board of Examiners may be consti-
tuted in this Department, as in that of Customs.

The Minister reports annually to Parliament,
within fifteen days after the House opens.

:»;

111

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ti ■

(JHAPTKL* XX.

ADMfNISTRATIVK (lOVKRNMEXT.— (Continuep.)

9. The DKi'ARTMKyx of the Intekior.

This Department of the Civil Service is
presided over by the Minister of the Interior.
He has the control and management of the
affairs of the North-West Territories. He is the
Superintendent General of Indian Affairs, and
has the control and management of their lands
and property in Canada. He has also the
control and management of all Crown lands,
being tlie property of the Dominion, including
those known as Ordnance and Admiralty lands,
and all other Public Lands not specially under
the control of the Public Works, or of that of
Militia and Defence (and excepting also Marine
Hospitals and Light Houses, and land connected
therewith, and St. Paul's, Stable and Portage
Islands). He is substituted for the former
Commissioner of Crown Lands as regards Ord-
nance and Admiralty lands transferred to the
late Province of Canada, and lying in Ontario
and Quebec.

He takes the place of the Secretary of State in
the " Dominion Lands Act of 1872," and has all
the powers, attributes, functions, restrictions
and duties necessary to the enforcement of the
provisions of that Act.

Manual of Government in Canada. 107

There is a Deputy Minister to this Department
who has eliarge, under the Minister, of the
performance of the Departmental duties, and
the control and management of the officers,
agents, clerks and servants in the Department.
The Geological Survey of Canada was attached
to this Department.

The Indian Act of 1876 amends and consoli-
dates the law relating to Indians. It defines
who they are, what lands they hold and are
entitled to, the protection the law affords them,
and the disabilities they labor under. The Gov-
ernor in Council may, however, exempt Indians
from any portion of the operations of the Act.

The law relating to the Administration and
Management of the Dominion lands is amended
and consolidated by an Act passed in 1879 v'cap.
81) ; and these are under the control of the
Minister of the Interior in a branch of this
Department called " The Dominion Lands
Office." This Act provides for the survey and
disposal of these lands, regulations as to home-
steads, mining and coal fields, timber lands, and
licenses tliereon, and for the issue of Patents to
these lands.

The Minister of this Department has charge
of the North-West Mounted Police.

m
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I .*H

CHAl'TKK XXI.

AIJMIXISTKATIVE GO VERXMJ:NT.— tCo.vriNCED. )

10. Post Office Depaktmkxt.

There is at the seat of Government, with the
other PubHc Departments, a Post Office Depart-
ment, for the superintendence and management
of the Postal Service of Canada, under the
direction of a Postm aster- (leneral.

He is appointed, like the other Ministers, by
Commission under the Great Seal, and holds
office, as they do, during pleasure.

He has power to appoint I'ostmasters having
perm?,"ent salaries in towns and cities.

He may also subject to the Acts in force :

1 . Establisli and close Post Offices, and Post routes, and

2. Appoint and suspend Postmasters, and other officers)

and servants.

3. Make mail contracts, or other business as to the

Post Office, and regulate what is mailable mattert
as to size and weight, and prohibit dangerous or
improper, or other articles V)eing sent ; and estab-
lish rates, unless others laid down in Parliament
therefor in Canada, and arrange for these outside
Canada.
■*i''pare stjimps, stamjted envelopes, post cards,
wrappers, &c., and provide for the sale of the
same, and establish a Money Order system, and
make necessary regulations as to registration.
5. Establish street letter or pillar boxes, and generally
make such regulations as he deems necessary for
the due and effective working of his Department.

Manual of Government in Canada. 109

A Deputy Postmaster- General is appointed
by the Governor in Council, who has control of
the Department, under the Minister.

The rates of postage on letters, newspapers
and periodical pu])lications, and wliat is called
book and parcel post, are laid down by Statute,
and the rostmaster-General has no power over
these.

The '• General Post Union," fcrnuMl under a
treat}- taking effect on the ist of July, 1875,
regulates the understanding had between Great
Britain and Germany, Austro Hungary, Belgium,
Denmark, Egypt, Spain, the United States of
America, France, Greece, Italy, Luxembourg,
Norway, the Netherlands, Portugal, Pioumania,
Piussia, Servia, Sweden, Switzerland and Turkey.

Postal arrangements and a Money Order
sj'stem are arranged between Canada and the
United States.

The Postmaster General has the sole and
exclusive privilege of sending and delivering
letters in Canada; and any person who infringes
upon this privilege, except as provided, is liable
to a penalty of at least '^20 for every letter
delivered, or found in his possession. The
exceptions provided are, letters sent by a private
friend, or by a messenger sent on purpose, on
private affairs of the sender, or receiver, or sent
by a private vessel to a place out of Canada, or
letters brought into Canada, and immediately
posted; or letters sent with goods, but without

.1;

It >

110 Manual of Government in Canada.

pay or return and commissions, or other papers,
issuing out of a Court of Justice.

The rostmaster-Geneiiil reports very fully to
Parliament on the Finances, Receipts and
Expenditure of his Department ; what has been
paid for mail transport, salaries of persons
employed, incidental expenses, dead and lost
letters, the transactions of the money order
offices, the losses and costs under this system,
and the transactions of the Post Office Savings
Bank.

This Report is presented to the House within
ten days after the opening of the Session.

CHAPTER XXII.

DEPARTMENT OF PUBLIC WORKS.

Prior to the 20th of May, 1879, the Depart-
ment of Public Works was presided over by one
Minister appointed in the usual way. On that
day, by Proclamation, it was divided into two
departments, to be presided over and managed
by two members of the Administration, who are
designated as the Minister of liailways and
Canals, and the Minister of Public Works.

11. Department of Railways and Canals.
The Minister in charge of this Department has
the management and direction of all liailways,
and works and property appertaining or incident
thereto, which immediately before the proclama-
tion mentioned were under the management and
direction of the Department of Public Works, to
the same extent and under the same provisions
as they were formerly managed. Each of the
two Ministers succeeds to all the powers and
duties before vested in the Minister of Public
Works, so far as respects the works under their
resjjective charge. In case any doubt arise as
to which of them any particular branch of the
Public Works belongs, it shall be decided by order
of the Governor in Council ; and he may make
order assigning any of the officers and employees

112 Manual of Government in Canada.

;

of the present Department to either of the ne wly
constituted Departments, or direct them to act
in hoth.

Tlie Governor in Council may appoint as chief
officer of the Department a Deputy Minister of
Railways and Canals, a Secretary, one or more
Chief Engineers, a chief Architect, and other
necessary officers.

The Deputy has charge of the Department
under the Minister, directs the other officers and,
has general control of the husiness of the De-
partment, and may he assigned other duties by
the Governor in Council.

The Secretary keeps account of the moneys
appropriated for and expended on each Public
Work and Building under the management of
the Department, keeps accounts with contractors,
looks after contracts to see that they are correctly
drawn up and executed, prepares certificates,
reports, ka.

The Chief Engineer and Architects prepare
maps, plans and estimates, and report to the
Minister thereon.

The Legislation relating to Railways generally
will be found amended and consolidated in chap.
9, 42 Victoria (1879).

12. The Departsient of Public Works.
The Minister of Public Works presides over
this Department, has charge of all Public Works
of the Dominion, except the Railways and

Mdnuiil of (invcvnmcnt in Camula. 113

Canals, assigned to tho Minister of Railways
aiifl Canals under the Act of 1879.

He has control of :

1. Works for the Improvomont of tho Navi<,'ation of

any water, such as I^oeks, Dams, Hydraulic Works,
Harbour Piers, &c., an<l Works for facilitating the
transuiissiou of tiuibor, such as slides, dams, piers,
liooms, and other work, oxcei)t those appertaining
or belonging to (.'anals, or being incident thereto.

2. Koads and l)ridges, public buildings, vessels, dredges

scows, tools, implements and machinery, for the
improvement of navigation, not belonging to canals.

3. The Provincial steamers.

4. All other property (except that managed in the

Department of Railways and Canals) heretofore
acquired, constructeil, repaired, maintained, or*
improved at the expense of the late Province of
Canada, or of New Brunswick and Nova Scotia, or
hereafter to be acquired by Canada,
a. Such portions of Ordnance Proi)erty transferred to
the late Provincial Government of (Canada by the
Imperial Government, and afterwanls i)laced under
this Department.

But any puhlic works or property which were
or will be transferred to any of the Provinces
mentioned, or leased or sold to Municipalities,
incorporations, or other parties, are not within
this Department; nor are any public works, roads,
bridges, harbors, or property which were aban-
doned by proclamation to the control of the
Municipal or Local authorities.

The Governor-General may, by proclamation,
declare any other works, roads, bridges, harbors,
slides, light-houses, or buildings purchased or

it-

114 Manual of Government in Canada,

constructed at the public expense, and not
assigned to the Provinces, to be under the
management of this Department.

All land, streams, water courses, and property
acquired for the use of the Public Works, are
vested in Her Majesty ; and the Minister may
take possession and acquire lands necessary for
the Public Service in Her name. The price and
other conditions are regulated under Arbitration,
from which, in cases over $500, an appeal lies to
the Exchequer Court of Canada.

Any work for or connected with the Public

Defence may, by order in Council, be declared

.within the management of this Department,

saving the rights of the Secretary of State for

War as to Imperial interests.

/ X

( .

CIIAlTKlf XXIIl.

REVKNUK AND ASSKTH OF CAXADA.

The expenses of the Public Service of Canada
are paid out of what \h called the Consolidated
llevenue Fund. This fund took its origin from
those Duties and Itevenues of the late Provinces
of Canada, Nova Scotia, and New Brunswick,
except such portions as were reserved at the
Union in 1867 to the Provinces, or are raised by
the Provinces themselves. It is composed of all
stocks, cash, bankers' balances and securities ;
all lands, mines, minerals and royalties; and
any sums due or payable thereon which then
belonged to the Provinces.

Also the following Public Works :

J. Canals, with Lands and Water Power connected
therewith.

2. PubHc Harbours.

3. Liglithouses and Piers, and Sable Island.

4. Steamboats, Dredges, and Public Vessels.

5. Kivers and Lake Improvements.

6. Kailways and Kailway Stocks, Mortgages, ami other
Debts due by liailway Companies.

7. Military Roads.

8. Custom Houses, Post Offices, and all other Public

Buildings, except such as the Government of Canada
appropriate for the Use of the Provincial Legishi-
tures and 'jovernments.

9. Property transferred by the Imperial Government,
and known as Ordnance Property.

116 Manual of Government in Canada.

H). Armouries, Drill Sheds, Military Clothing, and Mu-
nitions of War, and Lands set apart for general
Public Purposes.

Beyond this the Provinces retained all their
respective Public Property — Canada reserving
merely the right to assume any lands or Public
Prop'^rty required for fortifications or defence.
In return for this Canada became liable for the
debts and liabilities of each of these Provinces
at the Union, which were reduced by such stock,
cash, bankers, balances, and securities for money
as the Provinces had at the time. Canada gave
up to Ontario and Quebec conjointly the follow-
ing properties belonging to the late Province of

Canada : .

V]>per Canada Building Fund.

Lunatic Asylums.

^'ormal Schools.

Court Houses in

Aylnier,

Montreal,

Kuniouraska, ,

Law Society, Ui»per Canada.

Montreal Turnpike Trust.

Univ . sity Permanent Fund.

Eoyai institution.

Consolitlated Municii)al Loan Fund, Upper Canada.

ConsolidfUed Municipal Loan Fund, Lower Canada.

Agricultuial Society, Upper Canada.

Lower Canada Legislative Grant.

Quebec Fire Loan.

Temiscouata Advance Account.

Quebec Turnpike Trust.

Education, East.

Building and Jury Fund, Lower Canada.

Municijtalities Fund.

Lower Canada Superior Education Income Fund.

Although Canada assumed the indebtedness of

the Provinces, it was settled at a certain sum, or

-Lower Canada.

Miuiunl of Government In Canada. 117

if beyond, the Provinces were to pay Canada
interest on the excess at 5 per centum per
annum.

These sums were as follows :
Ontario and Quebec, liable to Canada, if their debt

^^'a^over $t;2,5t)0,0(J() (){)

>sovaScotia S,00j.O0O 00

New Brunswick 7,o<)i>,0()0 00

If the debts of the latter two Provinces were
not up to their respective amounts, tliey were to
get the same rate of interest in half yearly pay-
ments in advance on the difference.

Canada was to pay towards the expenses of
the Provincial Governments the following sums :

^'itario $SO/K)0

Quebec 7(),0)l»

Nova Scotia OOjOOO

Xew Brunswick ;,() ooj

Besides, an annual grant determinable on the
population.

This was the basis of the Consolidated Re-
venue Fund of Canada in 1867 ; and the balance
of the Duties and llevenues not appropriated
were, along with all Duties and lievenues raised
in accordance with special Provincial powers,
formed into Provincial funds called tlie Consoli-
dated Revenue Fund of the Province.

These funds are each year augmented in
various ways. In the Dominion (lovernment,
large sums are paid in from the Customs,
Revenue and Public Land De])artments, by
means of tarifts, excise, or other duties, bv the

^w^

118 Mdiuial of Government in Canada.

sale of lands, by fees from the Post Office
Department, and from the various other De-
partments of State. If the receipts from these
sources are in advance of the amount asked for
in the Supply Bill, which sets out of the
expenditure of the country for the fiscal year,
then there is no necessity of direct taxation, or
specific grants by Parliament. The Ways and
Means used for raising the Supplies forms the
Budget of the year ; and when it is considered
that in Canada the supplies voted by Parlia-
ment usually run a great many million of
dollars annually, as the expenses of the Govern-
ment from July to July, the task which the
Minister has in making a satisfactory Budget
Speech is not at all an easy one.
Q\juay^JL ^^^^ ^^'^^ plmngg in the Consolidated Revenue
Q Fund of Canada is the costs, charges and
ex2)enses incident to its collection, management
and receipt. The interest on the Public Pro-
vincial debts is the second ; and the third is
the Governor-General's salary, fixed at iilO,000
sterling, or such other sum as the Parliament of
Canada may determine. After these payments
are made the balance is appropriated to the
Public Service of Canada, with no particular
order of preference.

The Governor-General in Council, unless Par-
liament otherwise directs, orders the form and
manner of all payments or discharge of liabili-
ties, under the Act of 1867, in regard to Canada
and its Provinces in these matters.

CHAPTER XXIV.

THK PROVIXCIAL CONSTITUTIONS.

It is not easy to define, in a few words, the
exact position of the Provinces comprising the
Dominion of Canada. In 1867 three existing
Provinces desired to be federally united into one
Dominion ; and they were so united, and formed
thereafter Canada. The three Provinces were
then lost sight of, and in their stead Canada
appeared ; and Canada was immediately after-
wards divided up into four Provinces. The late
Province of Canada, with Nova Scotia and New
Brunswick, was constitutionally wiped out of
existence ; and these portions of the British
possessions— these Colonies— were to be there-
after known under a new name collectivelv and
with new Constitutions. Had the new Political
division one Legislature only for all purposes,
the difficulty of defining our new situation would
be comparatively easy. But the difficulty of
legislating for all parts of the new Dominion was
deemed by the framers of its Constitution so
great that one central Parliament could not
satisfactorily accomplish that task. Accordingly,
in almost the very next section of the Act of
1867 uniting the three Provinces into Canada,
we find it declared that Canada shall be divided
into four Provinces, just as these possessions

Rfri

120 Manual of Government in Canada.

were before the Union Act of 1840 ; and then
exclusive powers of legislation are given to the
Provinces. The reader will remember that the
three Provinces, Canada, Nova Scotia and New
Brunswick, were one, might say four, even afteJ
1840 and up to 1807, as the Union Act, though
it united Upper and Lower Canada into one
Province, recognized their separate existence.
The eld Provinces retained their geographical
boundaries, but lost almost everything else.
They merged in the Dominion and were re-created
in another set of names — Ontario, Quebec, Nova
Scotia and New Brunswick.

There is a great difference, therefore, between
the present and past position of these Provinces.
Formerly they were Colonies of the Empire, and
j)ossessed Governors or Lieutenant-Governors,
who were the immediate representatives of the
Crown in their Provinces. Now their chief
Executive officers are members of the Colonial
Administration staff, and are but Lieutenants of
the Governor-General of Canada ; and the Pro-
vinces are no longer Colonies, but Provinces of a
Colony. Under the former Constitution they
had, subject to Imperial authority, the right to
make laws for the peace, order and good govern-
ment of their Provinces ; now their Legislative
power is limited to a prescribed set of subjects ;
and though they are supreme within these Con-
stitutional limits, it seems that thej' cannot go
beyond them. Whether wisely or not,, they

Manual of Government in Canada. 121

/■

surrendered a Large portion of their rights to the
Federal Government at Ottawa to be there
determined upon. Any attempted assumption
of authority beyond tliese subjects, if not vetoed
by the Governor-General, is liable to be declared
unconstitutional by tlie Provincial or by the
Dominion Courts.

Besides tliese important raatters of substance,
it is said — whether that be important or not — that
they have lost some matters of form. In the
present Constitution one Parliament is given to
Canada ; to the Provinces of Canada are given
Legislatures without being styled Parliaments.

Whether any British possession in America
ever had a Parliament Ijefore the Dominion of
Canada got one, is a (juestion notto bediscussGd
here. No Plantation or Colony ever received it
in so many words, altliough it was certainly
assumed to be re2:)roduced under the Constitutions
of 1791 and 1840 in the Canadas. If a Legisla-
ture has all the deliberative powers necessary,
it is not much to discuss, except as a side issue,
whether it be a Parliament or not.

Again, it is said that the Lieutenant-Governors,
being deputies of the Governor- General, and not
of the Queen, have no power to give the Queen's
sanction to any Act of tlie Legislature. They
assent on behalf of the Governor-General.*
They have not the power to do so under the written
Constitution ; and there is certainly something

* I'or DruiiLT, C. J., in re (itwKlliuo, I'.i (irant.

122 Mdnnul of Govenuuent in Canada.

anomalous in the case of the riovernor-General,
the Queen's Deputy, disallowing an Act passed
in the Provincial Legislatures by the Queen's
Most Excellent Majesty. An objection was for-
merly raised in the American colonies in the cor-
responding case of a Governor-General wlio was
unquestionably th- Royal Representative, but it
was over ruled. Or '^'c matter being referred to
England an opmion was given in these words :

" I have heard "bject..ir>ns rlruwri from the style of this
Act, ' It is enacted by iho hing-.s Most Excellent Ma-
jesty,' &c., but I think this objection of little weight. The
King is here named in liis Royal and Politic capacity,
which at the tin)e of making tlie Act it was to this pur-
pose residing in his Governor, who there enjoyed and
exercised the functions of it in this province, and the
personal assent was not necessary to the Act." *

Under the strict reading of the Constitution,
and in view of the authorities, it would seem,
however, that the use of the Queen's name is
unautliorized in Acts in the Local Legislatures.

" The Queen" says Mr. Justice Gwynne,
forms no part of the Provincial Legislatures,
as she does of the Dominion Parliament. * *
The use of Her Majesty's name by these
Provincial Authorities is by the Act confined to
the summoning and calling together the Legis-
latures ; and singularly as it seems, this is by the
82nd Section, rather by accident I apprehend,
than design, confined to the Lieutenant-Gover-
nors of Ontario and Quebec.

* Clmlmer's Oi>iuion8.

Manual of Government in Canada. 123

By the 91st Section it is declared that the
Acts of the Dominion Padiament shall be made
by the Queen, by and with the advice of the
S'.'nate and Commons, treating the Queen herself
as an integral part of the Parliament ; whilst the
92nd Section enacts that the " Legislatures" of
the respective Provinces, that is, the Lieutenant-
Governor and the Legislative Assembly in
Provinces having but one House, and the
Lieutenant-Governor and the Legislative Council
and Assembly in Provinces having two Houses,
shall make laws in relation to matters coming
within certain enumerated classes of subjects, to
which their jurisdiction is limited. Nothing can
be plainer, as it seems to me, than that the
several Provinces are subordinate to the Do-
minion Government ; and that the Queen is no
party to the laws made by those Local Legis-
latures, and that no Act of any such Legislatures
can in any manner impair or affect Her
Majesty's right to the exclusive exercise of all
Her prerogative powers, which she continues to
enjoy untrammeled, except in so far as we are
obliged to hold that, by the express terms of the
British North America Act, or by irresistible
inference from what is there expressed, she has
by that Act consented to be divested of any
part of such prerogative."*

* Lenoir vs. Ritcliio, in tlie iSupreiiif Court, not yet reported. The
foregoing parts of tliis chapter were in type before this Judgment of Mr.
Justice Owynne, appeared iu the Catinda Iahv Juurntil.

▼

CHAPTER XXV.

THE LIKUTEXANT fiOVEUXORS.

Under the Federal system of Government in
Canada the chief executive officers in the Pro-
vince are now inemhers of the Civil Service of
Canada, and not as formerly, members of the
Civil Service of England. They are neither
appointed nor removed by the Crown, but by the
Governor-General of Canada, as will be referred
to presently. They are Lo il not Imperial
officers. The Lieutenant-Governor is head of
the Legislature, or rather the Legislature is
composed of a Lieutanant-Governor and a House
of Assembly, either with or without a Legislative
Council. He is essential to the Legislature, and
is Chief of the Executive in the Provinces. His
assent to all Bills in behalf of the Governor-
General is necessarv before thev become law:
and he has a negative voice, probably the same
as the Crown, in all Legislative Acts. He is the
Chief Executive Officer in the Provinces, as has
been said ; but the Executive Authority of and
over the Province is not vested in him. It is,
no doubt, vested in the Queen, in whom " the
Executive Government and authorit}' of and over
Canada is continued and vested."

The Governor in Council appoints a Lieuten-
ant-Governor for each Province, and determines

Manual of Government in Canada. 125

the lenjjth of his official existtmee, which is
usually live years. He cannot he removed
within that period without cause assigned. This
cause is to he communicated to him in writing
within one month after the order for his removal
is made ; and shall he communicated hy message
to the Senate and to the House of Commons
within on(> week thereafter, if the Parliament is
then sitting; and if not, then within one week
after the commencement of the next session of
the Parliament. The Senate and Commons
must he the judges as to sufficiency of the cause
alleged. It a])pears that it is sufficient for the
Ministry at Ottawa that Parliament has passed
a censure on his conduct. Whenever it is felt
hy the Dominion Government that it is for the
puhlic interest he should he displaced, then he
is and ought to he removahle. He has no vested
right to his o|iice for the full term ; nor does he
hold office during good behavior, like our Judges.*
He is answerable to the Governor in Council,
just the same as that officer is answerable to the
Imperial Government ; and the Administration
of the day must take the responsibility of his
removal precisely the same as of an}' other
Administrative act. The cause may he insuffi-
cient or unreasonable ; but when the cause is
assigned for his removal, and the Parliament

* Sir Jolui A. Mactlouald'd ineinurunduni to the Govcruor (junoral in
the Letfllier case.

12G Mdiuial of Government in Canada.

expresses itself thereon, the Constitutional powers
of the Governor-CTeneral to dismiss a Lieuten-
ant-Governor of the Provinces cannot be ques-
tioned.

So far as to appointment and removal.

In order to give some definite limits, probably
to the powers, authorities and functions of a
Lieutenant-Governor, a clause was enacted as to
these officials in Ontario and Que])ec almost iden-
tical with that delinin<4 the powers of the Gov-
ernor-General himself, which has been referred to
heretofore. The present Lieutenant-Governors of
Ontario and (j)uebec have, therefore, such powers,
authorities and functions as continue in exist-
ence now, or are capable of being exercised under
our altered circumstances as our former Govern-
ors or Lieutenant Governors had. They are not
the Queen's deputies or representatives — they are
not appointed by or recalled by Hei*. The weight
of authority is in favour of saying that no pre-
rogative rights of the Crown vest in them, except
such as are conferred by the Act of 18G7, and that
they have no right to deal with matters of Pre-
rogative. The effect of Earl Kimberley's leply to
the Dominion Government in the Queen's Coun-
sel case, 1872, would indicate that the powers of
a Lieutenant-Governor since 1867 are not so
great as they were formerl3^ He says :

'* The Governor-Generiil lias now power as Her Majes-
ty's representative to appoint Queen's Counsel, but that

ir;

Manual of Government in Canada. 127

a Lieutenant-dovernor appointed since the Tnion camo
into effect (ISOT) has no siu'h power of iipj)ointment."'=

In 1875 the Secretary of State for the colonies
wrote :

" The Lieutenant-Governors of the Pi'ovinees of the
Dominion, liowever important locally their functions may
be, are a i)art of the < 'olonial administration staff, and are
more immediately responsible to the Governor-General
in Council. They do not hold commissions fiom tlie
Crown ; and neither in powt^r nor privil<'<:c! resemble
these Governors of Colonies, to whom after special t;on
sideration of their fitness, the t^ueen under the great
seal and her own hand and signet ilelogates portions of
her prerogatives, and issues Her own instructions."

Sir John A. Macdonakl, in his report as to
Marriage j^icenses in 18G9, speaking of Lieu-
tenant-Governors, says: •

" They do not hold their appointment directly from
the Queen, but are appointed by the Governor-General
in Council pui-suant to the ">8th Section of the Act.
Their powers are simply those conferred on them by
Statute, and they have no right to deal with matters of
prerogative as rejjresentative of the Soveieign.''

The Hon. Mr. Fournier, Minister of Justice,
was of opinion that neither the Lieutenant-
Governor nor a Provincial Legislature has any
power under the Statute to deal with the prero-
gatives of the Crown ; and not being empowered
to assent in the Queen's name to an}- law of a
Provincial Legislature, he cannot hind Her

* The lOntrlii-li Law officers of the Crown were of opiiiir)!! in tliiH I'jiso
that tlie Legislature of a I'rovincc can confer by Statuti' on its Jjieiiteiiant-
(iovernor tin- ixiwer of ajipoiiitinf^ (Queen's ("<uinsiel. Jn Lenoir va.
Kitchie in the Supreme Court (not yet reported) there arc rf/(7(( to the con-
trary.

128 Manual of (Jovernment in Canada.

Majesty's prerogative right. Tho members of
the Supreme Court appear to be of this opinion.*
As to the Lieutenant-Governors of the Pro-
vinces, except Ontario and Quebec, the Act
defines nothing as to their povi'ers, authorities
and functions beyond the reccmimendation as
to money votes, and provisions as to assent,
disallowance and reservation of Bills, which are
the same as the provisions for the other Lieu-
tenant-Governors.

* III tlie rcpiirtof Mr. .lusticc (iwyinn-'d Jiidgiiicnt in Lenoir c.s-. Kitcliic
Just come to liainl, tin; Icanu'd Jiidiro uses thin laiiK<i;iue in refcreiicf to
the i)ositioii of a LifUtenant-Ctoveruor : "Tin' licail of tliejr Kxccutivo
(roviTiiiiifUt is not nn ottieer a|il'ointc<l by htr Majesty, or holding any
coinniissidii from licr, or in any manner personally reiiresenting her, but
an otlicer of tlie Duniinion (lovernnient appointed by the (Jovernor-(ren-
eral acting iiiuler tlie advice of a t'ouncil, which the Act constitutes tlie
Privy Council of the Ooininioii."

• •

CHAPTKl: XXYT.

--»

• •

THK 1>H<)VIN( lAI- l,K(ilST.ATLUK!S.

Thr Lcgisliiture in eiich Province is composed
of a Lieutenjint-(fOvefrior and Lu<:»i.sliitive As-
sembly, and in some of the Provinces a Legis-
lativi' Council as well as an Assembly.

The powers of the J^egislature are con lined to a
certain prescribed set of subjects, and need not
be adverted to again.* The 2>rocedure in legis-
lating is almost as intricate and elaborate as in
the Parliament at Ottawa, from whieli it is
necessarily copied. In those Provinces which
have no Legislative Council, the Hills have of
course to pass through their usual stages in one
House only. The provisions relating to the
election of a Speaker originally, and on
vacancies, the duties of the Speaker, the absence
of the Speaker, the quorum, and the mode of
voting, are the same in the Ontario and (Quebec
Legislatures as in the Canadian House of
Commons. The Legislatures of New Bruns-
wick and Nova Scotia were, subject to the
Provisions of the Act, left as they were before
18G7. The same aj)plies to Prince Edward
Island and British Columbia, both of which
had Legislatures before their admission into the

* See chapter on the I'owera of I'arliaiuent.
'J

i
P i

-J

l\ ''

130 Manual of Government in Canada.

Union. All the Provinces have power over their
OAvn Constitution, except as regards the office of
the Lieutenant-Governor.

The provisions in the Act relating to Appro-
priations and Tax Bills, the recommendation of
money votes, the assent, allowance and reserva-
tion of Bills, apply to all the Provinces substitut-
ing the Lieutenant-Governor for Governor-
General, and the Governor-General for the Queen.
The Lieutenant-Governors, on a Bill being
presented to them, shall, according to their
discretion, but subject to the provisions of the
Act, declare that they assent thereto in the
Governor-General's name, or that they withhold
the Governor-General's assent, or that they
reserve the Bill for the signilication of the Gov-
ernor-General's pleasure."

A Bill reserved by the Lieutenant-Governor
for the signilication of the pleasure of the Gov-
ernor-General in Council shall not have any
force unless and until within one year from the
day on which it was presen ■ to the Lieutenant-
Governor for the assent of .le Governor-General,
the Lieutenant-Governor signifies by speech or
message to the House or Houses of his Legisla-
ture, or by proclamation, that it has received tlie
assent of the Governor-General in Coui.ril Bills
assented to by the Lieutenant-Governor may be

* Does till' coiiftnu'tion of tlic hUi\\ Soc. (if the Act, as inti'vpretoil by
till' iiiitl), riiiitciniiliiti' iiistriK'tidiis IVoi:: tlii' tiovernor-Uc'iieral to the
Lioutf'iunit-(.iov(Miiovs on tliose iioiiits'r

• i

Manual of Government in Canada. 131

annulled by the Governor-General in Council
within one year after an authentic copy of the
Act has been sent to liira.

The Governor in Council in the Dominion Par-
liament is said on very high authority to have the
same controlling power over the Provincial Legis-
latures that the Imperial Parliament has over
the Dominion. The extent of Provincial subordi-
nation, however, is not to be misunderstood.
Both the Provinces and the Dominion have their
0W1 detined, ascertained limits ; and so long as
they keep within these they can constitutionally
enact what laws tliey please without reference
to each other.

The two jurisdictions cover the same territory,
but they embrace ditlVi-ent objects. There are
two checks on tlie Provinces — the Courts and the
disallowing power of the Governor-General in
Council. The power of disallowing Provincial
Acts rests with the Central and not with the Im-
perial Government, as in the case of disallowing
Dominion Acts ; but this will always be con-
sidered a harsh exercise of power unless in cases
of great and manifest necessity, or where the Act
is so clearly beyond the powers of the Local
Legislature that the propriety of interfering
would at once be recognized. '^ It will always be
very difficult for the i^'ederal (Tovernment to sub-
stitute its opinion instead of that of the Legisla-
tive Assemblies in regard to matters witliintlieir

* Per e. J. Kicliards, in Si'veru iw. tlio (jut^^'H) ^ S. C l{e[)orts, U(>.

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132 Manual of Government in Canada.

Provinces without exposing itself to be reproached
with threatening the independence of the Pro-
vinces.*

The powers of the Courts are ones to be
exercised with the most deliberate caution.
Unless it is clear that the Legislature has
transcended its authority, the Courts will not
interfere. No Court can pronounce any x\ct of
its Legislature void for any supposed inequality
or injustice in its operation, provided it be on a
subject matter purely within the scope of
Legislative authority, and the provisions of the
law in general.! It is the duty of the Judiciary,
as the appropriate means of securing to the
people safety from Legislative aggression, to
annul all Legislative action without the pale of
our w'ritten Constitution. In matters of conflict
between the powers of the Local and Central
Legislatures, the position of the Judiciary is not
that of a subordinate, but of a co-ordinate
branch of the Government ; and it must declare
every Act of the Legislature wdiich is repugnant
to the Constitution to be absolutely void. This
power is not coiiliued to any particular Court,
but extends to all, both Dominion and Provincial.
The language of Mr. Justice Story, as applied to

his own country, no doubt applies equally here :
" The right of all Courts, State and National, to
declare Unconstitutional laws void, seems settled beyond
the reach of Judicial Controversy "

* Mr. Justice Fournier, in Sevurii vs. thu (^ueeii, 2 S. C. Reports.

t Si'd^^wick on (Constitutional Law, and see Mc(3ullough vs. the State of
Maryland — 4 Wheatou.

, Manual of Government in Canada. 133

They are the custodians of the Constitutions,
the final depositories of power in this regard.
They are to execute what is the hiw of the land,
and it is no concern of theirs by or under what
authority it has been enacted. The Union of
the Provinces in 1867 did not in itself effect any
alteration in these Courts in this respect.

It may be remarked here that these Courts
are also bound to execute all laws in force in the
Dominion, whether they are enacted by the
Parliament of the Dominion or by the Local
Legislatures.-'^ The Provincial Courts are no
mere Local Courts for the administration of the
Laws passed })y the Local Legislatures of the
Provinces in which they are organized.

* See the Montmorency Klootion ("use. S. ('.. not yet re])orteZ

CHAPTEE XXVII.

il \

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THE PRftVIXCK OF OXTARIO.

The Lieutenant-Governor and the Legislative
Assembly of Ontario form the Legislature of that
Province.

The Lieutenant-Governor is appointed by the
Governor-General in Council, and holds oJBQce for
five vears, unless sooner removed for cause
assigned. He is the Chief Officer of the Executive
in the Provinces and the Head of the Legislature.
The Provincial Legislatures have no power over
him or his office, although in theory he may be
supposed to act only upon their advice. He is a
corporation sole, and may appoint a Deputy for
certain purposes, such as executing Marriage
Licenses, money warrants, and commissions
under any Provincial Statute. He nominates
as Executive Council of the Province such
persons as he thinks fit, in number not to
exceed six. In his absence, illness, or other
inabilitj', the Governor-General may appoint an
Administrator to execute his office and functions.
He summons and calls together the Legislature
in the Queen's name, and may dissolve the same
within the four vears of its duration.

The Assembl^'Jis now composed of eighty-eight
members ; and for the purposes of representa-
tion the Province is divided up into this number

Manual of Government in Canada.

135

of Electoral Districts or Ridings. These do not
correspond to the Electoral Districts in Ontario
which send members of Parliament to the House
of Commons at Ottawa ; and, again, neither of
these divisions corresponds with the Division of
the Province into Counties for ^lunicipal or
Judicial purposes. Every County is a County
for Municipal purposes (to be noticed hereafter),
and sends at least one member to the Local and
Federal houses : l)ut sometimes two or more
Counties are united for Judicial purposes.

Members of the Local Legislature require no
real property qualification, and are elected for
four years. No Senator, Privy Councillor of the
Dominion who is a member of the Commons, or
any member of the Commons, can hold a seat in
this House ; no person accepting or holding any
office, commission or employment under the
Crown by Provincial or Dominion appointment,
and to which office any salary or fee, allowance,
or emolument in lieu of salary, is attached, can be
a member — except those members of the Execu-
tive office who are the leaders of the Government
of the Province : and with these exceptions, no
person accejjting or holding sucli office, commis-
sion or employment of profit as well under Pro-
vincial or Dominion aj^pointment, or under any
head of a Department in the Provincial Govern-
ment, is eligible, no matter whether such [)rotit be
payable or not out of the public funds.

But any Army, Navy, or Militia Officers

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136 Manual of Government in Canada.

(except Militia Staff Officers receiving permanent
salaries), and any Justice of the Peace, and
any Notary Public, may, unless otherwise dis-
qualified, be members of the Legislative Assembly.
No public contractor is eligible to sit or vote in
the House ; and any disqualified person who does
so shall forfeit the sum of $2,000 per day for so
doing.

The Executive Council of Ontario is com-
posed now of six members, who are appointed
under the Great Seal of the Province, and hold
office during pleasure. These members are
selected from the following offices, some one
member always taking two departments : —

1. Attorney-General for the Province.

2. A Secretary and Registrar of the Province.

3. A Treasurer of the Province. '

4. A Commissionor of Crown Lands.
r ' A u ^ Agricultm-e.
'^' \ A " Pubhc Works.
G. A Minister of Edncation.

Any of the powers and duties assigned by law
to any of the officers constituting the Executive
Council may, by order of the Lieutenant-
Governor in Council, be transferred to an}^ of
the other officers, by name or otherwise. No
member of this Council can sit or vote as a
member of the Commons of Canada without
forfeiting his office as Councillor.

The Executive Councillors are the Administra-
tion or Ministrv of the Province — the Provincial
Privy Council so to speak — and they form the

Manual of Government in Canada. 137

Government of the day. Besides bein<^ the choice
of the Lieutenant-Governor they must have the
support of a majority in the Legislative Assem-
bly. They hold office durinj:^ pleasure of both
the Lieutenant-Governor and the Assembly ; but
it may be said that the choice of the Assembly
will always hereafter guide the Lieutenant-Gov-
ernor's choice. He has the undoubtf'l y'^^ht to
dissolve the House and to dismiss Ministers hav-
ing a majority at their back ; but he does that
always at great risk to himself, and probably
with serious results to his Province. The pro-
cedure and line of conduct of the Local Legisla-
tures has been copied so diligentl}* from the Par-
liaments of Canada and Great Britain, that in
case a Lieutenant-Governor follows the analogous
power of the Crown in these places, he will con-
tent himself to follow the advice of his respon-
sible Ministers rather than attempt to find
Ministers supporting his own opinions. They
are the choice of the Provincial members and
answerable to the people — he is neither answer-
able to the Province nor its choice. If it be a
question who is to rule on any occasion, the peo-
ple affected have no right to complain if the de-
termination is left in the liands of their own
appointees.

Assuming, therefore, that Provincial Govern-
ment is carried on by its Executive Council
advising the Chief Executive Officer, a great
portion of what has been said as to change of

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138 Mantifil of Government in Canada.

Ministry, Cabinet, &c., in the foregoing chapters
applies to the Provincial Constitutions.

The Departments in Ontario are six, and the
duties of their Heads will be noticed presently.
The procedure as to Bills, Orders, &c., is as nearly
similar to the House of Commons as can be. A
Bill here has to pass through the same stages,
though onh' through one Assembly, there being
no Upper House or Legislative Council in this
Province. The Lieutenant-Governor then may
assent to a Bill, or dissent from it, or reserve it
for the consideration of the Governor-General,
as has been already explained. He recommends
all money votes, opens, iiroro^^ues, and dissolves
the House, issues orders in Council, Procla-
mations, Sec.

The House meets every year at Toronto, and
is presided over by a Speaker appointed by the
members. Not more than twelve months must
intervene between the last sitting in one session
and the first sitting in the next session.

Twenty members in the House are the smallest
number capable of transacting business or
forming a quorum. The Speaker maybe one of
this ninnber. The conduct of business, the rules
of debate, tlie regulation and management of
the House, questions of proceedings, &c., are
regulated by the House ; and in all unprovided
cases the rules, usages and forms of the House
of Commons in England are followed. The
provisions relating to the first election of Speaker,

Manual of Government in Canada. 139

the absence of the Speaker, quorum, and mode of
voting, are the same in the Provincial Legislature
of Ontario as in the House of Commons for
Canada.

The House is not organized till the Speaker
is chosen ; and there is no vacancy in the office
till such Qhoice has been made and the office
has been filled, and that in the first meeting of
the Assembly after a general election. Before
the election of Speaker the Clerk of the House
is substituted for the Speaker ; and the Clerk
has no casting vote in case of an equality of
votes for Speaker. No one can vote in the
election of Speaker but a member of the As-
sembly, which the Clerk is not. In case the
House was equally divided in the election of a
Speaker, no one would be appointed.''

All laws in force in the late Province of
Canada, all Courts of Civil and Criminal Juris-
diction, and all legal commissions, powers and
authorities, and all officers. Judicial, Adminis-
trative and Ministerial, continue in Ontario and
the other Provinces, as if the Uniori had not
been made, subject, as to Imperial Legislation,
to be repealed, abolished or altered by the Par-
liament of Canada, or the Legislature of the
Provinces, according as they possess the power.

* Opinion of Hon. J. H. Cameron.

■^SP

CHAPTER XXVIII.

KXECUTIVE (lOVintXMKNT IS OXTAKIO.

Attoknky Gp:ni:kai/s Dei'autmp:nt.

Therk are no statutory ref^ulations as to the
duties of the Attorney-General of Ontario, or the
work performed in his office or department.

He is the Legal adviser of the Crown, and
of the Executive Council or Ministry ; and all
legislation for the Province is conducted in his
name and under his responsibility.

He appears on behalf of tlic Crown in civil and
criminal cases ; and he is the proper officer to en-
force criminal laws by prosecution in the Queen's
name in Courts of Justice in the Province. The
Attorney-General of this Province is the officer of
the Crown who must be considered to be present
in the Courts of the Province to assert the rights
of the Crown and those who are under its pro-
tection."

His duties are somewhat analogous to those of
the Minister of Justice at Ottawa ; and he has all
the rights, powers, duties, functions, responsi-
bilities and authorities which, up to 1867, were
vested in or imposed on the Attorney-General or
Solicitor General of the Province of Canada by
virtue of any Law, Statute, or Ordnance of Up-

Mr. Justice Strong (as Vice Chancellor) in Attorney-General vs. The
Xiiigara Falls Uritipe Conii>any, 20 Chy., 34.

Manual of Government in Canada. 141

per Canada or Canada, and not repugnant to the
Confederation Act of that year. This also ap-
plies to the other Executive officers in regard to
their respective departments as mentioned here-
after, both in Ontario and Quebec.

2. Provincial Skcuktakv and Rkciistuau's Department
This Department is under tlie control of the
Provincial Secretary, but no express Statute has
constituted it a department.

Keports on the Asylums, Prisons and Public \ ^
Charities of the Province are returned from this^V ^^^~^^^
Department every year; also reports relating to ' ^

Tavern and Shop Licenses.

The bonds and securities required to be given
by Public Officers are registered in the Registrar's
Department, and returns made also in regard to
them. The other matters upon which returns
are made are the following :

The state of the Fee Fund, the expenses of the
Administration of Justice, the number of Mar-
riages, Births and Deaths, copies of all returns
from the Clerks of the various Municipalities as
to the population, real property, assessments,
income and expenditure, liabilities, assets and
j)roperty of their respective Corporations. A
statement of the indebtedness of each Municipal
Corporation at the close of the past year is made
to the Lieutenant-Governor through the Provin-
cial Secretary ; and a return also made to him
from the sworn returns of the Clerks of each

142 Manual of Gnve^-uninit hi Canada.

• ^fuuicipality of the number of resident ratepayers
of the (liflerent Counties and Cities, and such
Towns as are separated from Counties.

;i. Tin: rnovixciAi. Tkkasikkh's Dki'autmknt.

All public moneys, from whatever source of
-revenue derived, and all moneys forming part
of special funds administered by the Provincial
Government, are paid in to the credit of the Pro-
vincial 'J'reasurer. These revenues form what is
called the Consolidated PevenueFund of Ontario;
and it is on the strength of the sujiplies of this
Fund that the Lieutenant-Clovernor in Council
can invest in Dominion Securities or Debentures
whenever any surplus is not required for the
public use of the I'rovinee.

The Treasurer of the Province lays every year
before the House a Financial statement as to the
assets and liabilities of tlie Province. He reports
to the Lieutenant-Governor from the sworn re-
turns of the Clerk of each Municipality (except
County Clerks) as to the number of resident rate-
payers and their indebtedness to the Municipal
Loan Fund. He also reports as to the taxable
propert3^ and the resources and liabilities of each
Municipal Corporation.

The Executive Government has charge of all
fees and charges under the Act relating to Law^
Stamps ; and the Provincial Treasurer procures
the necessary stamps under the Act, keeps an
account of all stamps, sells the same, and allows

ill

Manual of (iovcrumcnt in Canada. 143

or may allow a coramisnion of live per cent to
those taking more tliau live dollars' worth.

The Treasurer has also certain statutory du- ^
ties in reference to the Laud tax in Alfronia. p '

The moneys arising from the Clergy Keserves ''»
form a Separate Fund called " Tlie Ontario
Municipalities Fund ;" and are ]rdn\ into the IV^/
vincial Treasurer's Of'lice, and paid out hy him
under oTders in Council, or undei* the Act re-
specting Clergy lleserves, to the ditferent Munici-
palities in Ontario, in proportion to their resident
rate-payers, pursuant to the returns already re-
ferred to.

4. 'I'm: T^]:p.\KTMK;?fT ok Crjowx Lands.

The Conunissioner of Crown Lands presides
over this Deparlnient ; and he has the manage-
ment and sale of the Public Lands and Forests
belonging to the Province.

An Assistant Commissioner, appointed by the
Lieutenant-Governor in Council, has charge of
the Department in th(! absence of the Commis-
sioner, or when a vacancy occurs in tliat office ;
and he performs such duties in the Department'
as may be assigned to him by tlie Lieutenant-
Governor in Council, or tlie Connnissioner of
Cro^ 11 Lands. Other officers may also be
appointed in the same manner as tlie Assistant
Commissioner.

The Department and office of the Surveyor-
General are now transferred to this Department ;

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144 Manual of Government in Canada.

and tliG Commissioner exercises and performs
such powers and duties as were assigned to or
vested in that officer before the 17th of March,
1845.

The Commissioner of Crown Lands reports to
the Legislative Assembly, within ten days after
the meeting of the House, the proceedings,
transactions and affairs of his office, during the
preceding year.

The lands under the control of this Depart-
ment are the Crown Lands, School Lands,
Clergy Lands, and Mineral Lands. The Lieu-
tenant-Governor in Council fixes the price,
the terms and conditions of sale, and of
settlement and payment of the Public Lands y''
and the sales and appropriations of water lots,
Licenses of occupation, and all assignments and
the issui3 and cancellation of patents, are issued,
registered and effected by the Commissioner,
with other departmental business. He, or his
Assistant, may issue Commissions, and may au-
thorize those in the employ of the Department to
take affidavits in reference to the business of the
Department, or regarding which it is interested.
He causes lists of patented lands to be forwarded
to the different liegistrars in the Province in the
month of February in each year ; and also a list
of land leased or licensed, or located as Free
Grant. He advertises, if he tiiinks lit, lists of
Public Lands for sale, and furnishes such otlier
information as may be desirable.

* The Public Laud-s do not incliulo Mineral Lauds.

I^9^i^.~

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;lie
ist
I'ee
of
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Manual of Government in Canada. 145

As to the Free Grant Lands, the Lieutenant-
Governor- in Council almost exclusively deals
with these. The Act relating to Free Grants and
Homesteads does not interfere with t)ie power of
the Commissioner to grant number of licenses in
these lands ; and any remission made by the
Crown to settlers in occupation before 1872 in Free
Grant lands may be made through the Commis-
sioner in case it is so directed bv Order in Couu-
cil. The free grant territory lies within the
districts of Algoma and Nipissing, and certain
lands lying between the Ottawa river and the
Georgian Bay.

The department looks after all trespasses to
Public Lands, and has very full statutory in-
structions in regard thereto. It deals with the
Mining lands of the Province, subject to such
Orders in Council as mav Iv made in reference
to them and under the provisions of the General
Mining Act.

When a claim is made as heir, devisee, or
assignee of the nominee of the Crown, to the
right to a Patent, Special Commissioners are
appointed to decide thereon. These form wliat is
called the Heir and JJcvisee Commission, which
is one of the Courts of Law in Ontario.

If the patent has issued in error, or tliat the
Commissioner has been misled, or for other good
cause, the Court of Chancery has power to decree
such Patent to be declared void.

V > m

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146 Manual of Government in Canada.

5. The Department op Agriculture.

This Department is in charge of the Commis-
sioner of Agriculture and Arts, and the office is
for the present combined with the Commissioner
of Public Works. - wc >,-^^. cv.

The Bureau of Agriculture and Arts is attached
to this Department ; and the Lieutenant-Gover-
nor in Council appoints a Secretary, known
as the Secretary of the Bureau of Agriculture
and Arts, who conducts the Correspondence of
the Department and such other business as may
be assigned him by the Commissioner.

The Commissioner substitutes enquiries and
collects useful facts and stt^tistics relating to the
Agricultural, Mechanical and Manufacturing
interests of the Province, and adopts measures
for disseminating or publishing the same in such
manner and form as he finds best adapted to
promote improvement within the Province, and
to encourage immigration from other countries.
He may appoint persons to inspect the books
and accounts of any Society receiving Govern-
ment Aid, and may examine witnesses and have
documents produced in reference thereto.

The Societies in connection with the Depart-
ment are : The Agricultural and Arts Associa-
tion, all Agricultural and Horticultural Societies,
and Mechanics' Institutes, the Association of
Mechanics' Institutes of Ontario, the Fruit
Growers Association of Ontario, the Entomolo-

Manual of Govermmnt in Canada, 147

gical Society of Ontario, the Dairymen's Asso-
ciation of Ontario, and the Ontario Soijiety of
Artists. These make returns to this Department
and supply information on questionn submitted
to them.

The Model Farm at Guelph, and a Library
and Museum in connection with it, are under the
control of the Commissioner ; and a Veterinarj^
College is established under prescribed rules of
the Council of the Agricultural and Arts Asso-
ciation, which also holds an Annual Provincial
Fair or Exhibition.

The Commissioner reports to the House of
Assembly, within 30 days after the opening of the
Session, a detailed and succinct report of the
proceedings in his Department.

6. The Dei'aktment of Piblic Work.s.

This Department ifi p , sided over by the
Commissioner of Public Works, appointed by
Commission under the Great Seal.

The other officers, who are appointed by the
Lieutenant-Governor, are an Architect, an
Engineer, a Secretary, a Law Clerk, an Ac-
countant, and such others, whether their
appointment be temporary or otherwise, as may
be necessary. The duties of the Architect,
Engineer, Secretary, Law Clerk, and Accountant,
are laid down by Statute.

The Commissioner has management of the
Department ; and it is his duty to oversee and

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148 Manual of Government in Canada.

direct the other officers and servants ; and be
may have other duties also assigned him by
the Lieutenant-Governor in Council.

The Department has control of all land,
streams, water-courses, and property, real and
personal, heretofore or hereafter acquired for
the use of public works ; all canals, locks, dams,
hydraulic works, harbour piers, and other works
for improving the navigation of any water ;
all slides, dams, piers, booms, and other works
for facilitating the transmission of timber: all
hydraulic powers created by the construction of
any public works ; all roads and bridges ; all
public buildings ; all railways and rolling stock
thereon ; all vessels, dredges, scows, tools,
implements and machinery for the improve-
ment of navigation ; all drains and drainage
works ; and all propert}^ heretofore or hereafter
acquired, constructed, repaired, maintained, or
improved, at the expense of tlie Province, and
not under the control of the Dominion Govern-
ment. These are declared to be vested in Her
Majesty, and under the control of this Depart-
ment.

Any other property, and an}' of these works,
roads, Oirc, purchased or constructed at the jmb-
lic expense, may, by Proclamation of the Lieu-
tenant Governor, be vested in Her Majesty, and
subject to this Department.

Any property not required for the use of the
Public Works, may be leased or sold, under the

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Manual of Govertiment in Canada. 149

authority of the Lieutenant-Governor ; and for
the purposes of the Department the Commis-
sioner may acquire and take possession of any
land or real estate, streams, waters, water
courses, fences and walls, for specified purposes
and under certain restrictions.

He has also the necessary powers as to drain-
age of land, and the construction of slides in
mill-dams or embankments ; and he acts under
the " Ontario Drainage Act" in reference to
drains within Municipalities, on the request of
their Councils, as provided by that x\ct. In case
any township desire to undertake such work,
the Commissioner, after the plans and estimates
are submitted to the Department, can report
thereon as to the investment of a portion of the
Public money in debentures for the construction
of such drainage for the benetit of such town-
ship.

All expenses connected with the provisions for
preventing riots near PubHc Works are paid
through the Commissioner under the statute re-
specting riots near Public Works. The sale of
liquors near Public Works is prohibited by
stringent provisions.

The Commissioner of Public Works must, with-
in tAventy-one days after the commencement of
each session, make and submit to the Lieutenant-
Governor an annual report on all the works
under his control, shewing the state of each work,
and the receipts and ex2)euditure thereon, with

1
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150 Manual of Government in Canada.

such further information as may enable the
Assembly to Judge of the working of the Depart-
ment.

7. Dkpartmext of Education.

This Department consists of the Executive
Council of the Province, or a Committee out of
that number. One of the Executive Council is
nominated to the office of Minister of Education
by the Lieutenant-Governor.

The Minister of Education may hold any other
office in the Executive Council, and he may be a
member of the Legislative Assembly and sit and
vote therein.

This Department supersedes the Council of
Public Instruction, which was suspended on the
10th of February, 1876 ; and all the duties of that
Council are transferred to this Department, with
a Minister instead of the Chief Superintendent
of Education at its Head.

The Education Department has certain duties
and powers assigned to it. By it is prepared
and presented the text books, studies and regu-
lations as to High Schools, the regulation,
organization, government and discipline of Public
Schools, and the classification of schools and
teachers. The efficiency of the Normal and
Model Schools, the examination and certificates
of teachers, the qualifications of inspectors and
examiners, and the approval of text, prize and
library books, are some of the many duties of the

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Manual of Government in Canada. 151

Executive Council, or the Committee appointed
out of it as forming the Education Department.

The Minister has a numher of Statutorj- duties
in connection with apportioning the Legislative
grants or funds to the different Public and High
Schools, and in reference to the general super-
intendence of the Normal Schools, the conduct
of Teachers, Institutes and regulations in respect
of text, library, prize books and other appliances
in School. He has large powers in the manage-
ment of the Department under the Acts relating
to Public and High Schools.

Schools coming within the range of the
Separate Schools Act :ire subject to be inspected
by the Minister of Eductaion, and also to such
regulations as may be imposed on them from
time to time b}^ the Education Department.

The Minister may also certify regarding any
proposed Industrial School in cities, that it is a
lit and proper one for the reception of children
to be sent there ; and the School shall thereupon
be deemed a certified Industrial School.

The Police Magistrate may send there such
children as apparently are under 14 years of
age if they are found begging, or receiving
alms, or are found wandering without any
visible means of support, and having no home,
or guardian, or any lawful business, or being
destitute, either as an orphan, or one whose
parent is imprisoned, or whose parents are so
vicious that the> are under no proper control

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152 Manual of (rovernment hi CaiKuht.

or education ; or if such children are so un-
manageable that the parent or guardians
cannot control them. The rules of such School
are to be approved of by the Minister.

In cases in the Division Court, in which School
Inspectors, Trustees, Teachers or other persons
under these Acts are parties, an appeal is allowed
to the Superior Courts of law in Ontario. This
exceptional proceeding is for the purpose of
securing uniformity of decision in school matters.
The Minister has power also to submit a ease to
any Judge of tliese Courts for the opinion or
decision of the Court therein.

The Minister of Education reports every year
to the Lieutenant-Governor in Council, up to the
31st of December, the actual state of the
Normal, Model, High and Public Schools, and
Collegiate Institutes, showing the Expenditure
and sources of revenue, with such statements
and suggestions, in reference to the improve-
ment of the schools and the school law, and
promoting education, as he may deem useful
and expedient.

CITAITER XX rX.

TlIK I'ROVINCK OJ-' (^IKJJKC.

The Legislature of Quebec consists of a Lieu-
tenant-Governor and two Houses styled the
Legislative Council of Quebec and the Legisla-
tive Assembly of Quebec.

The Legislative Council is composed of 24
members, who were appointed by the first Lieu-
tenant-Governor of the Province in the Queen's
name bv Instrument under the Great Seal of
Quebec. These hold ofltice during life, unless the
Legislature otherwise provides, subject to the Act
of 1867. Their qualifications are the same as the
Quebec Senators. These are different from the
qualifications of other Senators in one respect
only — that is in this way : Quebec was divided
into 24 electoral divisions before Confederation;
and each of these sent a Senator to Ottawa,
and a Legislative Councillor to Quebec. Each
must have his real property qualification in that
division, or must be resident therein. The
regulations as to vacancies in the place of a
Legislative Councillor are the same as apply to
Senators ; and vacant seats are filled by the
Lieutenant Governor in the same way as the
first Councillors were appointed. Questions as
to qualifications and vacancies in the Legisla-
tive Council are heard and determined by that

■7.^

154 Manual of Government in Canada.

.:v.

i>: I

body. The Lieutenant-Governor appoints their
Speaker, and may remove him and appoint
another. Ten members, including the Speaker,
are a sufficient number to constitute a meeting
for the exercise of its powers. The Speaker has
a vote ; and when the votes are equal, the motion
is declared in the negative.

Every Legislative Councillor, before taking his
seat, must take and subscribe before the Governor-
General, or some one authorized by him, the
Oath of Allegiance, and the Declaration of Quali-
fication, prescribed for Senators as well, and
referred to under the chapter in the Senate.

The Legislative Assembly of Quebec is com-
130sed of 65 members, until altered by the
Legislature of the Province ; and even then the
second and third readings of a Bill for altering
the limits of certain electoral divisions cannot
be presented to the Lieutenant-Governor for his
assent unless with the concurrence of the
majority of the members representing all these
divisions, and an address presented by the
Assembly stating that the Bill has been so
passed. Those Electoral Districts of Quebec,
specially fixed, are the counties of Pontiac,
Ottawa, Argenteuil, Huntington, Missisquoi,
Beauce, Shefford, Stanstead, Compton, Wolfe
and Richmond, Megantic, and the town of
Sherbrooke.

The seat of Government is at Quebec ; and the
Executive Council is composed of the same

ManiKil of Government in Canada. 155

le
le

officers, and in the same way as in Ontario,
except that in Quebec the Speaker of the
Legislative Council, and the Solicitor-General
are included in the Executive. In Ontario there
are no offices for such persons.

All the other provisions in the Act of 1867
relating to the Constitution, Legislative powers,
and other matters specified therein, of Quebec
are the same as have been set out in regard to
Ontario.

The Judges of the Quebec Courts must be
selected from the bar of that Province ; but when
the laws relating to property and civil rights in
Ontario, Nova Scotia and New Brunswick, are
made uniform, the Governor-General may ap-
point Judges for these Provinces from any part
of them.

The powers, authorities and functions of the
Lieutenant-Governors are the same in both
Provinces, except possibly in so far as the Legis-
latures of Upper and Lower Canada, prior to
1840, may have vested their respective Governors
or Lieutenant-Governors with different powers,
authorities and functions. The Legislature of
Lower Canada was suspended at one time by
Imperial Act, which did not happen to Upper
Canada ; and this may have caused some slight
difference in their statutory powers.

The Lieutenant-Governor of Quebec may, by
Proclamation, constitute Townships in those
parts of his Province not alreadj'^ constituted,
and fix the metes and bounds thereof.

■7—^

156 ]\I((nvcil of (iorcnimcnt hi ('(inada.

■ ^

The Executive Government, as was seen, is
carried on l)y the same number of members as
in Ontario, except that they have no Minister of
Education; but thev have additional officers in
the persons of the Solicitor General and Speaker
of the Legislative Council.

The officers in ciiarge of the Departments in
(,)uebec succeed to all powers, duties and
functions, ifec, of those officers in the Govern-
ment of the late Province of Caujidii, or of Lower
Canada, in the same way as the Dei)artmental
Officers in Ontario do. The different offices in
the Provinces agree in their main points, and are
different chiefly in matters of detail ; and it is not
considered advisable in the present work to enter
into a separate consideration of them.

•

11
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(^HArTKIJ XXX.

NOVA SCOTIA AM) NKW HHINSWICK.

The Act of 18()7 iinitin«j; tlio Provinces did
not alter tlio Lef^islaturoH of either Nova Scotia
or New BruiiHwick. Sul)ject to the Provisions of
this Act they continued as they were hefore
that date, and remain so until altered under
the authority of the Act. The same applies to
the Executive power of these Provinces, which
was also unchanj^'ed. All the alterations they
underwent were, in len;islating only on the pre-
scribed class of subjects assigned to the Provinces
by such machinery as tiiey always possessed.
The mode of appointing the Governors was
changed — it thereafter rested with the Governor-
General of Canada. Notliing is said as to the
powers, authorities and functions of any Lieu-
tenant Governor, except those of Ontario and
Quebec. All of them reconnnend to their respec-
tive Houses, by message, Appropriations and
Tax Bills and all money votes. Tiiey can assent
to Bills, disallew them, or reserve them for tlie
signification of the Governor-General's pleasure.

These Provinces have the exceptional privilege
of appointing Judges to their own Courts of
Probate.

Nova Scotia and New Brunswick, iiko Quebec,
have two Houses — a Legislative Council and a

158 Manual of Govermmnt in Canada.

Legislative Assembly. The Legislative Coun-
cil in each Province is composed of 17 members.
The House of Assembly in Nova Scotia is com-
posed of 37 members, and in New Brunswick of
41 members.

The Executive Council in Nova Scotia is at
present composed of nine members, of which
only three have Portfolios — that is, the Provin-
cial Secretary, the Attorney-General and the
Commissioner of Mines and Works.

In New Brunswick the number of the Execu-
tive Council is nine also ; b at here thev have an
Attorney-General, a Provincial Secretary and
Receiver-General — a Chief Commissioner of the
Board of Works, a Surveyor-General, and Presi-
dent of the Council.

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CHAPTER XXXI.

MANITOBA. ^ ^ A

e-c-

Three Provinces have been' admitted Tnto the
Dominion of Canada since 1867. Of these, in
order of time, Manitoba was admitted in 1870,
British Columbia in 1871, and Prince Edward
Island in 1873.

The Constitution originally given to lAfanitoba
provided for a Lieutenant-Governor and two
Houses, as in Quebec ; but in 1876 the Legisla-
tive Council was abolished by tbe Local Legisla-

The Legislative Assembly, which, with the
Lieutenant-Governor, now forms the Legislature,
IS composed of twenty members, representing the
districts into which the Province is divided^

The Executive Council is composed of such
persons and under such designations as shall
seem lit to the Lieutenant-Governor. Tiiese at
present consist of four persons— a Treasurer,'a
Provincial Secretary, Minister of Public WorkJ,
and tbe Attorney-General.

This Province and the Territories liercafter
mentioned were part of Rupert's Land and the
North-West Territory before they were admitted
mto the Union in 1870. This was effected by
Proclamation pursuant to G • ler in Council at
Ottawa. The boundary of .Alanitoba was defined

[ i

I' i

■t

160 Manual of Government in Canada.

then, l)ut has been altered since, in 1877, by the
Parhdment of Canada, with the consent of the
Legishiturc of Manitoba.* All the provisions of
the Britisli North America Act which apply to
the -whole of the Provinces are aj)plicable to
Manitoba as if it had been one of the Provinces
oriKinallv united bv that Act. The Act admit-
ting tliis Province defines tlie qualification of
voters — the duration of the Assembly to be four
years, with a yearly session, as in Ontario, and
the Seat of Government to be at Fort Garry, or
within a miie of that place.

The provisions regarding the Speaker origin-
ally, and on vacancies, the duties of Speaker, the
absence of Speaker, and the mode of voting, are
the same as in the House of Commons at Ottawa.
Canada assumes and defrays a large portion of
the expenses of the l^rovince. Almost every
year since its admission a number of Acts have
been passed in tho Parliament of Canada apply-
ing to Manitoba.

* 4!) Vict. (D) cliiii>. (i.

CHAPTER XXXII.

mUTISII COLrMllIA.

This Province was admitted into the Union on
the 20th of July, 1871, by Eoyal Proclamation
of ti Queen in Council.

The Constitution of their Legislature is the
same as that of Ontario, being composed of a
Lif atenant-Governor and one House of Assem-
bly. The Executive is at present composed of
an Attorney-General and Chief Commissioner of
Lands and AVorks, a Provincial Secretary, and
Minister of Finance, and a Legislative Assembly
of twenty-live members.

^31

CHAPTER XXXIII.

..ti!..l

PRINCE EDWAKD ISLAND.

This Province was admitted into the Union on
the 1st of Julv, 1873.

The Legislature is composed of a Lieutenant-
Governor, a Legislative Council of 13 members,
and a Legislative Assembly of 33 members — both
Houses being elected by the people.

The Executive Council is composed of the
Attorney-General, the Provincial Secretary and
Treasurer, and the Commissioner of Public
Works, with some other members without
departments.

The terms upon which this Colony was admit-
ted are laid down at considerable length in the
Order in Council in that behalf. Canada became
liable for the debts of the Province, and the
Province was entitled to incur a liability of four
millions of dollars in view of her isolated and
exceptional condition, and as something towards
the share other Provinces received from Canada
in reference to Eailways and Canals. Tliere
being no revenue from Crown Lands in the
Province, the Dominion Government agreed to
8upply her with about $40,000 per annum in
order to purchase lands from large landed
proprietors. Canada also pays a large yearly
sum towards defraying the expenses of the Local

Manual of Government in Canada. 163

Government and Legislature, besides such
charges as are incident or appertaining to the
general Government and allowed to the other
Provinces.

The Constitution of the Legislative and of the
Executive Government remained unchanged ; but
all the provisions of the Act of 1867, except those
parts which in terms or by reasonable intendment
apply to only one Province, or to a part of the
Dominion, take effect in Prince Edward Island.

I ■

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CHAPTER XXXIV.

THE NORTFI-WKST TKRRITOIllKS.

These Territories are composed of what was
formerly " Rupert's Land" and the North-Wes-
tern Territory, except such portions as were
carved thereout to form the Province of Manitoba.
What is called the North -West Territory includes
geographically the tract of country lying between
Manitoba and British Columbia. The tract of
country lying east of Manitoba iind west of
Ontario is called the District of Keewatin.

The Parliament of Canada enacted regulations
as to the government and legislation of these
Territories.* For the North-West Territory
there is a Lieutenant-Governor appointed, as
other Lieutenant-Governors are ; and he admin-
isters the Government under instructions given
him by order in Council or by the Secretary of
State for Canada. An Administrator may be
appointed during the absence, illness or other
inability of the Lieutenant-Governnor. A
Council not to exceed six persons is appointed by
the Privy Council of Canada to aid in adminis-
tering the Government of tlie North-West Terri-
tories ; and the seat of Government, at present
Battleford, is fixed (and, if necessary, changed)
by order in Council also.

* ;)y Vic. caj). ■»!•; 10 Vic. caii. 7.

Manual of Government in Canada. 165

The Legislcative Governor uloue, or in Council
may, as soon as the Territory is provided with
a Legislative Assembly, make such ordinances for
the government of his Territories as the Governor
in Council may from time to time confer on him
provided these are within the limits of legislation
under the Act of 18G7. The Dominion Acts in
reference to these Territories also lay down
regulations as to the formation of electoral dis-
tricts, number of members in the Assembly
mode of voting, etc. ; and a number of enactments
as to property, civil rights, and the administra-
tion ot justice.

V' I

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CHAPTER XXXV.

DISTKICT OF KEEWATIX.

The district of Keewatin is a portion of the
North-west Territories, and was created in 1876.
Its western houndary was then defined as lying
east of Manitoba and north of the United States,
and occupying the tract of land between that
Province and Canada in the east and the Hudson
Bay Territory.*

The Governor in Council may detach any
portion of this district to the North-West Terri-
tories when it appears of public advantage to
do so.

None of the provisions in the Acts respecting
the North-West Territory apply to this District,
unless, after 1876, reference is made therein to it.

The Lieutenant-Governor of Manitoba is ex
officio Lieutenant-Governor of this district ; and
he, with a Council of not less than five or more
than ten, administers the affairs of the district.
The Council is appointed by the Privy Council
at Ottawa ; and all the powers it possesses are
derived from Orders in Council there.

Provisions somewhat similar, and in many
instances the same as were set out in the last
chapter as to the Government of the North-West
Territories, apply to this District ; and ail laws
in force in the Territories are to remain in force
in the District until otherwise altered.!

* Sec. 39 Vic, chap. 21 (D), as to boundary, f Sec. 39 Vic, chap. 21 D)

CHAPTKi; XXXVf.

THE I'KOPLK.

SiBjKCTs, Aliens, Denizkns.
We have hitherto considered tlie rulers, or
governing powers, of the people of the Dominion
of Canada ; we will now devote a small space to
the ruled or governed— the people— whether
subjects or aliens.*

A subject is defined to be one who is under
the protection of and owes allegiance to the
Sovereign or ruling power in the State. By
British subjects are meant such as are born
within the dominions of the Crown of England,
or under the allegiance of the Queen.

There are many persons residing within the
dominions of the Crown who are not subjects of
Her Majesty ; and on the oti^er hand there are
many residing in foreign countries who are
British subjects. All residents who are not
subjects, and all ron-residents not British
subjects, are aliens. Of the ^ormer class may
be mentioned all those who belong to other
countries, and who have not renounced their
allegiance thereto, or rather who have not taken
the oath of allegiance and became naturalized
here. Foreign consuj^jind other representa-

mlSZ'^f^^^i^^^^^ of'-He« as to aliens uT^iTn;;^.-

* I

168 M(uin<il of (jovernmcnt in Canada.

tives of foYe\p,n nations, thougli resicler;, nure,
are not British subjects. Nor are those such
who are simply domiciled here as travellers or
agents. In the same way our consuls and
representatives abroad are yet British su])jects,
thou[;h non residents ; and so are all British-
born subjects who, living abroad, have not re-
nounced their British nationality. Children
born out of the Dominions of the Crown, whose
father and mother were at the time of their
birth in allegiance with the Queen, are subjects ;
and the children of all natural born subjects, no
matter where born, are also subjects of Her
Majesty. In other words, the second generation
of children from British parents are subjects ;
but it is doubtful if this extends to the third
generation. If the grand-father by the father's
side was a British subject, the grand-children
would be British subjects also, according to
Blackstone. Out of ten of the most cninent
lawyers in England, five were of opinion in a
case since Blackstone's time against the right of
one whose grand-father had been born out of
the British dominions to inherit land in Eng-
land ; and the other live were of a contrary
opinion. So far as land in Canada is concerned
an Alien has the same capacity as a British
subject to take by gift, conveyance, descent,
devise or otherwise howsoever ; and to hold,
possess, enjo3% claim, receive, convey, devise,
impart and transmit real estate therein the same

%
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ManiKil of (iorernnicut in CniKola.

KV.)

as a natural-born or naturalized subject of Her
Majesty.

Tile real estate of aliens in tins country accord-
ingly descends or is transmitted tbe same as if
owned by a sul)ject. Aliens in Ontario enjoy all
tbe ])rivilef?es in regard to Acts relating to Building
Societies and Joint Stock Companies for sup-
plying cities, towii • and villages witii gas and
water. J3ut an alien camiot serve as a juryman
in any Court, nor is lie entitled to be the owner
of a ]iritish ship.

Ever}' child born witliin the dominions of the
Crown is a British subject for all purposes, and
while resident therein cannot by any act of his
divest himself of such cliaracter. But a British-
born subject, if a subject of another State at
the time of his birth (as may be the case with
ambassadors' children), can cease to be a British
subject by making certain declarations pre-
scribed by the Imperial Statutes of 1870 and
1872 in reference to these matters. Any subject,
if under no disability, may voluntarily become
naturalized in a foreign State, and thus cease to
be a British subject. This is expatriation.

An alien may become a British subject by
Naturalization and in other ways,

Every alien-born woman becomes naturabzed
by marrying a British natural-born or natural-
ized subject.

Every other alien who comes to reside in the
Dominion of Canada with intent to settle therein,

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170 Manuiil of (ion'mmnit in Canada.

niul remains for tliree years, can, by taking tlie
^oatlis of residence and allegiance, become a
naturalized citizen.

Tbe following 4vre tbe oatbs of Kesidence and
Allef^ianee :

Oath ok Uksidknck.

" I. A. B., (Jo swoa;' (or, beiiuj one of the persons al-
lowed htj Law to ajfirm in Judicial cases, do affirm) that
J have rt'siilocl throe years in tlii i Dominion, with intent
to H«'tth' therein, witliout having been diuinj; that time
a stated re.si(Jent in any foreign country. So Ijelp me
God. '

< JVTII OK Am-koianck,

•*I, A. |{., do sincerely promise and swear [or, heimj
oar of the fterson.s alhnred by Law to affirm in judicial
cases, do affirm) that 1 will he faithful an<l hear tru«>
allegiance to llcr Majesty (Jueen Victoria, as lawful
Sovereign of the United Kingdom of (treat Britain and
Ireland, and of the Dominion of Canada, d(>i>endent on
an<l belonging to the said United Kingdom, an<l that 1
will d»?fend her to the utmost of my j»ower against all
traitorous conspiracies and attempts whatever which
shall be made against ller Person, Crown an<l J)ignity ;
and that I will do my utmost endeavour to disclose and
make known to llei- Majesty. Her Heirs and Successors,
all tr«Misons and traitnrotis (conspiracies and attempts
which I shall know to be against Her or any of them ;
and all this I do swear without any e(|uivocation, mental
evasion, or scciet reservation. So help me(iod."

Tlio oatbs can be administered by a Judge or
Justice of tbe Peace ; and a certificate is granted
and filed in (.'ourt, after wbicb, if no objection in
sustained as to its validity tbe alien liecomes a
Britisb subject as mucb as if be or sbe was

^^^

MuuHtd (if (iovennncnt In CuiKnit. 171

born in Canada, subject to some exceptionH in
tlie Englisli >ct rt'lating to naturalization.*
Every alien wlio luul a settled place of abode in
either of the Provinces of Ontario, Quebec, Nova
Scotia, or New J3runswick, before tlie Ist of
July, 1807, and who is still a resident of the
same, is deemed to be a British subject for all
purposes, provided in the case of males, they take
the prescribed oatli of residence. Any person
who, being within the JX)minion prior to the 1st
of January, 18G8, took the necessary oaths of
allegiance and residence also became naturalized.

There seems to be no diff«'rence between the
rights and privileges of a national-born subject
and a naturalized subject. In England at one
time the latter could not be a I'rivy Councillor
or member of Parliament, or hold any of the
great ollices of State ; but lit; is now entitled to
all political and other rights, powers and privi-
leges, and is subject to all obligations to which a
natural- born British subject is entitled or subject.
In case a naturalized British sui)ject returns to
his own country, he loses the charactt-r of British
subject unless he renounced his original nation-
ality in pursuance of the laws of the State, or in
pursuance of a Treaty to that effect.

Tiie certificate of naturalization granti'd in the
United Kingdom confers no rights or privileges
upon an alien in Canada.!

*:i,) Vif. fliup. 14, Inip. Act.

t Ktirl ('uniarvon's Circiilur l)(<s|>at<-li to the ColcuiicK, Sj-pt., !«"<

172 Manual of Government in Canada,

Besides subjects and aliens there is a third
class called Denizens, who, by means of letters
patent from the Crown, enjoy certain rights of
citizenship as long as they remain within the
Dominion. It is a sort of middle state between
subject and alien. In England a denizen
cannot hold any high office of State, and can
neither inherit or devise land, and only take by
purchase. In Canada, whatever significance the
term mav have, a denizen must at least have
equal powers and rights as to real estate with a
subject ; and he has, no doubt, the additional
rights of voting and holding such offices as his
patent allows him. The existence of such
persons is contemplated at all events, as there
is mention made of denizens in some of the
Statutes.

The consideration as to whether any person is
a subject or not becomes material in relation to
certain oflfences against the Crown. None but a
subject can be found guilty of treason ; or rather
what is treason in a subject may be no more than
a felony in a foreigner. The general law as to
what oifencey are to be adjudged treason, as laid
down in the 25th year of King Edward III., is
the law on the subject here ; and is set c ut in
an Act relating to the security of the Crown, 31
Vic, cap. 69 (1868) D.

The regulations as to tiUes and precedence in
Canada are inserted here, and may be found
useful for reference :

Manual of Government in Canada. 173

~\'

TiTLKS CNUGR CoSKKHKRATlON.

J. The Governor-General of Canada to be styled "His
Excellency."

2. The Lieutenant GovernorH of the I'rovinces to be
styled " His Honor." ^

3. The Privy Councillors of Canada to be styled
" Honorable," and for life.

4. Senators of Canada to be "Honorable,'' but only
during office, and the Title not to be continued after-
wards.

0. Executive Councillors of the Provincefi to bo styled
" Honorable," but only while in office, and the Title not
to be continued afterwards.

6. Legislative Councillors in the Provinces not in future
to have that Title ; but gentlemen who were Legislative
Councillors at the time of the Tnion, to retain their Title
of " Honorable'' for life.

7. The President of the Legislative Council in the
Provinces to bo styletl " Honorable" during office.

8. The Speakers of the House of Assembly in the
Provinces to be siyled " Honorable" during office.

Table of Piu:("ki)kn('k within the Domixio.v of C'anada.

1. The Governor-General, or officer administering the
Government.

2. Senior Officer commaiuling Her Majesty's Troops
within the Dominion, if of the rank of a ( Jcneral ; and
officer c(*mmanding Her Majesty's Naval Forces on the
British North Amoriran Station, if of the rank of an
Admiral. Their own relative rank to be determined by
the Queen's Kegulations on this subject.

3. The LieutenantGovcrnor of Ontario.

4. " " Quebec.

6. " " Nova Scotia.

6, '« ** New Brunswick.

174 Manual of (iorernment in Cfuuida.

7. Arclihihliops ami BishopH acfor«ling to seniority.
JS. Memboi-H of the ('abiii(>t accordin|{ to Heniority.

9. The Speaker of tlio Senate.

10. 'I'ho Chief .Justice of the Supreme < "ourt.

1 1. The Chief .Ju«li-es of the C^iurts of I.aw and £(|uity,
in accordanc*' with tlje (hite of tlioir respective Com-
misiiions.

\'2. Members of the Privy Council, not of the Cabinet.

l;}. General Officers of I lor Majesty's Army serving in
the Dominion, and officers of the rank of Admiral in the
Hoyal Navy serving on the British North American
Station, not being the Chief Command ; the relative
rank of sjich officers to be determined by the Queen's
]{egulations.

14. The Officer commaihling Her Majepcy's Troops in
the Dominion, if of the rank of Colonel or inferior rank,
and the Officer commanding Her Majesty's Naval Forces
on the British North American Station, if of e<juivalent
rank ; their relative rank to be ascertained by the
Queen's Regulations.

15. Members of the Senate.

10. S])eaker of the House of Commons.

17. Puisne Judges of the Supreme Court in accord
ance with the dates ol their respective commissions.

18. Puisne .Judges of Courts of Ijvw an<l Equity
according to seniority.

19. Members of the House of ''ommons.

20. Members of the J'Jxecutive Council (I'rovincial)
within their Province.

21. Speaker of the Legislative Council witltin his
Province.

22. Members of the Legislative Council within their
Province.

Manual of Govvrnmnt in Canada. 175

i'.'{. Speaker of the legislative Assembly within his
Province.

24. Members of the Legislative AHHemhly within their
Province.

R«Hire(l Judges of whatev.o- Court take precedenoo
next after tin- i)re8ont.Iu(lgi.s of their resj.ective Courts.

The new regulutioiiH respecting the precedence
of naval officers, the subject of salutes, or of the
precedence to be given to Li^^utenant-Governors
within th'.'ir Provinces or at the Seat of Govern-
ment, have not yet been received.*

CHAlTKIi XXXVir.

KKillTSOKTIlK I'KOI'I.K.
1. UkI'UKSKNTATIOX.

The privilc'^o of t}ikiii{:» part in tlio (iovern-
mont of one's country l)y luing reprost iitt'd in
Parliament, or representcil in the Legislatures or
Municipalities which niak(; our laws, is one; of the
most valued rights of a free people. The right
of the citizens to have a voice in every matter
that affects their liherties is called their Fran-
chise. But to have a voice or vote in such mat-
ters is not accorded to every hody. Certain
(lualitications are necessary, and these (pialilica-
tions vary.

Where every citizen is entitled to vote it is
called Universjii Suffrage — voting being the right
of suffrage.

The systtin of representation which prevails
in Canada, from the highest delegate of the peo-
ple in the Commons down through the Provin-
cial and ^lunicipal elections, is hased on divisions
of the population ; thougl) territory or certain
areas of land are so ct)nnected with this that the
latter are represented as well. While it is true
that every acre of land is represented, the manner
of its being so re[)ri rented is arrived at with
regard to the number of people. Numbers
of people possessing no land qualitication are

Manual of iitnenumut in Canada. 177

lit

repreHcutfd by virtue of the income tax, or, as in
Ontario, under the Farmers' Sons Act. Wliile
it it is strictly true tliat our system of representa-
tion refjjurds both population and territory, the
real basis is the i»opuhition. The territory is an
accident of the voters, and in itself is not entitled
to representation. The third way, or represen-
tation by class representation, thouf^h nmch
talked of in other countries, cannot be said to
enter into the idea of the Canadian or English

system.

'i'liK Commons.

Of the 2()# members in this House, each of
the Provinces is represented by their respective
members, and each Province is divided up into
constituencies or ridings having regard to the
population and areas therein. The number of
divisions into which the l^rovinces are divided up
for electing members to their legislatures is the
same as for the Dominion elections in most
Provinces ; but the <ne<tH of tliese divisions are
generally ditferent. The qualitications of voters
are the same in the Provincial and Dominion
elections ; so that anv one entitled to vote for a
member of his Provii.jial Legislature can vote
for a member of the House of Commons in that
Province.

It would be beside the scope of this little work
to attempt any exact epitome of tiie (lualitica-
tions necessary for voters in the different Pro-
vinces, and what offices and positions disqualify

*►.

17ft Manunl of (iovermnent in Canmln.

peiHonH from voting. Sonio rcmiirkH as to
Ontario may he dcHirable liowevcr.

In tlii.s Trovince the perKonH not permitted to
vote are : 1. All JndgeH of any of our Courts, and
alK'lerlvK of the i'eaee. County Attorneys, ilej^is-
trars, Sheriffs, Deputy Sheriffs, and Deputy
Clerks of the ('rown. 2. All Agents for the sale
of Crown Dands. H. All Othecrs of the Customs
of the Dominion, and all OlHieers employed in the
colleeti(»n of any duties payable to Her Majesty
in the nature of duties of Excise: and I. All
Postmasters in Towns and Cities. Any of these
persons votinjjj shall forfeit $2. 000, and his vote
is mill and void. 5. No lieturniii}; Oflicer.
Election Clerk, or paid Election Af^ent, shall be
entitled to vote ; hut this does not apply to the
Deputy lieturnin^' Otticirs or Poll Clerks, who
are paid under the provisions of the Act. 0.
Lastly, no woman can vote at anv electron.

Subject to these exceptions every person bein^
of the full age of '21 y( ars and a suhject of Jlcr
Majesty by birth or naturalization, if duly entered
in the list of voters to be used at tlie pending
election, and if not otherwise by law prevented
from voting, is entitled to vote for members for
the Legislative Assembly of Ontario.

1. Jn order to enlilK' a person to be entcrid
on the voters' lists, he must be interested in
real projnrtii as owner, tenant, or occui)ant, to
the extent of J^400 in Cities, S300 in Towns, and
jj^200 in incorporated \illages or Townships. If

•a
11

Maiiinil of difrernment in Cunuda. 171'

he ceiist'8 to liiivi; .such interest he may Htill have
a vote, provided his name is entered in the
Kevised Assessment lioil, and that he is a resi-
dent of the Kieutoral J)istrict.

In re<^anl to the vahie of the property if vested p
in joint owners, if there is sullleient wlien divided ^
to u'lvv eacli a vote, each Inisone ; if not, none of
the owners lias a vote. An<i so if three persons
in a city are assessed for $1,*2(K), eacii has a vote ;
if assessed for ^1,000, none of them can vote.

2. Persons residing continuously in tlie Local
Municipality since the completion of its last
Kevised Assessment Itoll, an<l who, heing assessed
on an hiromc of S 100 at least, and have paid iheir
last year's taxes, are entitled to vote.

;j. Fiinmrx' Sous resident on their father's or
mother's farm lor twelve months prior to the
return of the Assessment lloll, and whoari- rated
for an amount sulUcieiit to (jualify them, can
vote. ^\ here there are a numher of sons the
provisions, as to one or more votinj^, are some
what similar as to joint owners of real estate,
except tliiit tlie division of the property enures to
<]ualifyiiig as many of the i)aities in the order of
their ng^o as the value of the property or the
numher of the sons will permit of.

4. All Inilians, or persons part Indian, if duly
enfranchised and possessing the same cpialilica-
tious as other persons in their electoral districts,
are entitled to vote.

180 Manual of Government in Canada.

6. In Algonm, Parry Sound, and Honio other
exceptional places, every male person being
twenty-one years of ape. a naturalii'.ed subject
and not otherwise disqualiliod, and who, at the
time of the election, is the owner of real estate
where he tenders his vote, to the value of $200,
or who is and has been for the preceding six
months a resident householder, is entitled to vote.

TTho reader is referred to a Manual of Voters' Lista
hy Mr. Hodgins, (I. C, lor full information on this sub-
ject. 1

ciiAPTKi; xxxvni

HKillTS OF THK !'KM|'LK — ((n.vnstKlJ.i
2. PiHI.H; >f|.:KT!N(JS.

Public opinion \h froquenti; ^inessod through
tlie medium of Puhlic mectin ^k, which, ho long aw
they remain orderly, a' privilege'' to dirtcusK
almoHt any Hubject. It is th* undoubted right
of HubjectH to wieet togcthe'- in a peaceable and
orderly manner for the consideration and (Uhcur-
sion of matters of public inteiest, or f( •• making
known tlieir views to H'.r Majesty or Her lieprt-
sentative in tlie ])ominion or in the Provinces,
either in approbation or condemnation of Public
matters.

Public meetings, in order to enable them to the
recognition of the Law, must be called by certain
persons and in a particular way.

In any city or town, on the requisition of any
twelve citizens entitled to vote for members of
the Local Legislature, a meeting may be called
by the Sh(jriflf or by the Mayor or other Chief
Municipal officer, which is a Public meeting
under the Act and entitled to the protection
accorded to such meeting. The requisitionists
must have a property qualilication in the town or
city in which the meeting is to be called, and
their property must be within the particular
district, ward, or parish, whose inhabitants call

'If

I i

182 Man Hid of Ooreninifiit I't Ctinadn.

the meeting. Two resident Justices of the Peace
appear uIho to liave the power to call Public
nieetin«^s. The notice or summons calling to-
gether a Public meeting must issue ten days
before the meeting ; must set forth the names of
the recjuisitionists, or at least 12 of them ; must
state that the meeting is called in conformity
with the provisions of the Act : and that the
meeting and all persons attending tlie same are
to take notice of that fact, and govern themselves
accordingly.

Whoever calls such meeting, at least in Ontario,
must remain ; and whether presiding over it or
not, help to preserve the peace thereat. Special
constables may be appointed, and the military
force, if necessarj', brought to his assistance.
Should a meeting of 12 or more become dis-
orderly the Mayor, Sheriff, Magistrate, Justice of
the Peace, or other officer, can read the Procla-
mation set out in what is commonly called the
Riot Act ; and if, after the lapse of an hour,
they do not disperse, he can forcibly break up tie
meeting, using the Civil and Military assistance
as has been mentioned. Tho original of our Act
relating to Riots and Riotous Assemblies was
passed in England in the reign of King George
I. The Canadian Act is 31 Victoria, cap. 70
(1868), and the proclamation to be read before
using any violent measures is as follows :

" Our Sovereign liady the (^uoen chargeth aiul com-
inandeth all ))ersons Ikmiij: assembled imme<liately to

Manual of Government in Canada. 183

(U.s[)er.se th(imselves, and peaoeaUly to depart to their
luibitations or to their huvful businesn, upon the pains
contained in the Act respecting Uiot.s and Ixiotous
Assembhes. God save the (^ueen."

Such persons not obe\in<; the command to
disperse are guilty of fidony and huble to be
imprisoned in the penitentiary for Hfe, or for any
term not less than two years, or liable to be
otherwise im[)risoned for any term less than two
years.

Powers are given to Justices of the Peace,
Sheriffs, Mayors and others, to apprehend tlie
offenders who do not disperse within one hour
after the Proclamation is read ; and persons
engaged in suppressing the riot are justilied even
if the death of the rioter ensue from his resist-
ance. Any persons opposing with force and
arms any peace officer or other engaged in
suppressing a riot, or any persons preventing the
making of the Proclamation, are guilty of felony
and liable to the same punishment as the rioters
themselves.

: I

CHAPTER XXXIX.

KKJUTiS OFTHK I'KOPl.K — (Contim r.i.. i
"!. PKTITInNS TO PaKI.IAMKXT.

Petitioxinci i8 another mode of expressing
public opinion, and by it persons or classes may
be beard in Parliament or elsewhere when they
conceive that their views were not fully set out by
their representatives. It is about the only way
of being heard tiiat is left to those who are not
voters. If no channel were left to tlie people,
except throuf^h their representatives, it rnay well
happen that the minority would never be heard,
except in the disorders of riot or revolution. A
class may be interfered with, or the Legislation
may be too slow or too far in advance of the
interests of the people. In these and many
other instances petitioning is resorted to.

Every person, whether an elector or not; can
petition to Parliament or to the Local Legisla-
ture ; but the petition must be presented by a
member of the House, who is responsible that it
does not contain impertinent or improper matter.

Petitions must be fairly written or printed ;
and in the Senate three of the petitioners' names
must appear on the sheet containing the petition.
Petitions from Corj orations must be duly
authenticated by their Corporate Seal. Peti-
tions signed by persons representing public

Manual of Government in Canada. 185

meetings are received us from the persons whose
names are affixed to the petition.

A member presenting a petition in the Com-
mons must endorse liis name thereon, and
confine his remt^rks to a statement of the parties
from whom the jietition comes, the nnmber of
signatures attached, and the material allegations
it contains. Petitions are laid on the table by
direction of the Speaker without debate in refer-
ence thereto ; but if required, the Clerk may read
them, and if they complain of any personal
grievance recpiiring an immediate remedy the
matter may be at once discussed. There does
not appear to be any Canadian Legislation as to
petitions to Parliament : but the fact that tho._
presenting them are responsible for their pro-
priety, sufficiently insures their being consistent
with the dignity of Parliament. It is probable
that the English Act for the prevention of
Tumultuous petitioning to Parliament is in force
in Canada.

(•HA.PTEK XL.

KHillTS (»F THI-; I'KOl'Li;.— (CoNTtMKi). >

Ijbkktv wk thk Pkkss.

The Press is the greatest means of expressing
2)nblic opinion. In Canada its lil)erty is not
restrained by any State censorship. Beyond the
occasional intervention of aggrieved parties
takinj.-; advantage of the hiw of Libel, the press
is aUowed to correct itself, and proceeds some-
what on the principal that the legal doctrine of
set off ma}' be made to work in the matter of
abuse and recrimination as well as in more
appropriate subjects.

Libel as a vr'tmi' is governed by a uniform law
in the J)oniinion, and is punishable by tine or
imprisonment, or both.

Any person publishing, or threatening to pub-
lish, any libel upon any other, or directly or indi-
rectly threatening to print or publish, or abstain
from so doing, or offers to prevent the same with
intent to extort any money or security for money,
or anv valuable thing, or with intent to induce
any person to confer upon or procure for any
person any appointment or office of profft or
trust, is guilty of a misdemeanor, and liable to a
fine not exceeding $600, or to imprisonment
with hard labor for any period less than two
years, or liable to both, as the Court may award.

lii

wBSBSBsmm

Mnnuiil of' (ioiernment in Canada. 187

Whoever maliciously publislies any defamatory
libel, knowing it to be false, may be lined any
sum less tlian $4(H), or imprisoned, as in the
other cases, or both. Other defamatory libels
are punished by imprisonment of one year or
less, with a line not exceeding 15>20(). The truth
of any libelous matter is no defence, unless it
was for the public benefit that it should be pub-
lished.

Libel as a civil action is not uniformly delined,
but is left to be determined by the Provincial
Legislatures. The punishment then is the
amount of damage sup]iosed to be suffered l»y
the aggrieved party, which amount is found by a
jury, in the criminal actions the jury simply
linds whether or not tht> accused is guilty of the
charge preferred against him ; in the civil action
the jury linds generally if there was a libel ; and
if so, what damage was sustained by the plaintiff.

Besides matters which are brought into Public
notice by means of the Press, of Public meetings,
and of Petitions, the Governor in Council has the
right to institute Commissions of Enquiry into
Public matters concerning any matter connected
with the good government of Canada, or the con-
duct of any part of the Public business. The
Commissioners appointed in this way may have
conferred on them the power of summoning
before them any party or witness, and requiring
them to give evidence on oath, or by affirmation,
orally or in writing, and to produce all docu-

i> S'

188 Manual of Government in Canada.

ments and tilings requisito for ilie full investiga-
tion of the matters into which they are appointed
to examine. These Commissioners may also
have the same power given them as are vested
in any Court of Law in Civil cases to compel the
attendance of witnesses.

Similar powers arc given to the Lieutenant-
Governor of Ontario, and in some other Provinces,
as to Commissions of Enquiry.

■'

lil

CHAPTKK XLI.

KKiHTS OF THK I'KdPLK.— iroxTiM ki».

Loc.vi, Administuativk (Jovkknmknt.

On much the same principle as the I)ominio»
is divided up into Provinces, witli power to each
of those to manage their own internal affairs, the
Provinces have generally divided themselves into
JVfunicipal Corporations, with large powers of
directing their own domestic concerns. While
the Legislature presides over the Corporations,
these latter have certain rights guaranteed to
them, and in the exercise of which, witliin legiti-
mate limits, they are free to manage their own
local affairs.

The Division of the Canadas into Townships
and Counties dates hack a long period. Altera-
tions were fre(piently made in Counties for
electoral or judicial purposes ; hut as to Municipal
Corporations emhracing a certain area few
changes appear to have heen made in those
counties delinitely hounded in the first Crown
Survey. New Townships are fre(|uently added
in unsettled districts, and occasiouiilly alterations
made. The same a[)plies to Townsiiips. In
Ontario certain limits are prescrihed for Villages
desiring Incorporation, and the jjopulation must
be at least 750 persons. In the same way
Towns must have '2,000 and Cities 5,000 inhabi-

? .*

i i

■

VM) Munudl of GoimiUU'Ht in Cmunht.

tsiiitK. TIr'Su do not become Incorporatecl by the
fiK.-t of baviii.^ so many inliabitants. A Charter
of Incorporation is <^ranted them by the Lieu-
tenant-Ciovcrnor creating them Cities, Towns or
Vilhi^i'S, as tlie case may hv. Until Incorpo-
rated tliey l)elong to the County or Township.
* The local affairs of these different Corpora-
tions are managed ))v a Council, wliich is the
Municipal Le^ishitun^ and the limit of their
enactments ; or Hy-hiws are prescribed by the
Acts of the Local Legislature relating to Muni-
cipal Corporations. These By-hiws are very
comprehensive, and in Ontario include the
obtaining of such refil and pei sonal i)roi)erty for
the use of the Corporation as it may require,
the appointnunt of necessary officers aiding
agricultural or other kindred societies or incor-
porated mechanics' institutes, aiding manufac-
turing establishments, road companies, and also
charities and indigent persons, taking the census
of their municipality, regulating the driving on
roads and bridges, the egress from public build-
ings, and very extensiv(> powers as to drainage.
They can ini]iose fines up to $50 for neglect of
duty or breach of these By-laws, and mav dis-
train and sell the goods of the offender, and if
necessary inliict reasonable jiunishment by im-
])ri^oumtnt not exceeding 'Jl days.

The power of each of the different Municipal
(Corporations of cities, counties, towns and
townships are very minutely set out in the Acts

Matiual of Govern nieut in Cnnmla, 191

relating? to Municipal Institutions. The ditiVront
Municipal Corporations are composed of Alder-
men or Councillors or ileeves and tlieir Deputies,
with a presiding officer who is the Mayor,
Warden or Reeve as the ease may be. These
bodies form tlur Local Administration of tlieir
Municipalities, are elected for one year at a time,
and must have certain property (jualilications.
They have certain specilied j)ow.'rs, a regular
system of procedure, and an Executive in some
cases. They are restrained by the Superior
Courts when these By-laws are in excess of
their powers, and these Courts compel tliem to
exercise their jiowers in proper cases if they
refuse to do so. The Provincial Legislatures
grant them their powers, but commit the proper
execution of them to the controlling care of the
Courts.

f»

ciiArTi<:i{ XLir.

TIIK .M'DK'IAKY.
La« AM) TIIK CoiKTS.

Thk people of the Dominion have abundant
Legislative machinery. Three Legishitures con-
tribute more or less to regulate our internal
economy or external relations. Tlie boundaries
of Imperial, Dominion, and Provincial Legisla-
tion have been adverted to before. Regarding
the specific subjects assigned to the Canadian
Legislatures by the British North America Act,
it would seem that the Imperial Legit-lature has
renounced its right to interfere in these matters.
There is Imperial as well as Colonial authority
for this position. The line of demarcation
separating our law-making powers would ap-
parently then be well dethied, and the law on each
class of subjt'cts may be confidently looked for
in one direction onlv.

So far as to statutory law since 1807.

Tlie Statute books before that in the various
Provinces must next be considered. These form an
important source, as well for tlie laws they initiate
as for those they introduce. Again, what is
known as the Common or the Unwritten law of
England was largely imported into all parts of
the Dominion, in virtue not only of British sub-

Mauudl of Government in Canada. 193

jects brin«inf( part of tin's law with tlicm of
necessity, l)ut also hy iiu-aiiH of itsoxpresH intro-
duction hy 8tatut<). Tile introduction of Kn«^'lish
law in tlicso vjinous ways brouj^'lit with it the
decisions of the (\)urts in ^rcat J'>ritain in refer-
ence to the same ; and these decisions or pre-
cedents are another source of laws. 'J'he intro-
duction of the Criminal law of En«;land to the
old Province of Quelxc in 1771 introduced all
tiiese sources of law at once.

In tlie Province of Ontario a few references
will siiow how extensively the laws of J'hi^dand
have been adoitted here. In 17W2 ail the amend-
ments made in England to the Criminal law
since 177 1 were transferred to Upper Canada ;
and in the name year the law as to proj)erty,
civil rinrlits, and trial by jury as it then stood,
was declared to be the law for the Province. On
the establishment of the Court of Chancery,
the law of En<,dand, es it stocnl in 1837, regard-
ing the English Court of Chancery was, unless
otherwise provided, to be in force here ; and the
rights, incidents and privileges of the Courts of
Common Law in England in 1851J were trans-
ferred to our Superior Courts of law.

The Local Legislatures may delegate to ^funi-
cipal or other Corporations the power of making
laws. Tliis is effected by the by laws of th(!se
bodies, wiiieh arc as much the law of the land as
any Legislative Acts ; and as another example,

; ■ t

;< I

. i

194 Manual of Goverumcnt in Canatta.

may bo mentioned tlio powerB of the GovornorR
in Council to promulgate onlern liavinf,' the force
of lawH.

When it is considered that all th<* different
sources of the laws, their a[)plieation and their
meaning, have to be considered and determined
by the Courts, it becomes material to consider
the position and jurisdiction of our Judicial
tribuinils. This is the more necessary in this
country, as it is ap[)reliended that their position
is relatively more important than in England,
80 far as the construction of Constitutional law
is concerned.

In Great J3ritain tiie Legislature is the chief
power in the hind. There being no written
Constitution, no plain speaking and inHexihle
statute of paramount law, un(b;r which the
Government of the country is carried on, the
Constitutionality of its Acts cannot be (piestioned
by the Courts in the same way as in those
countries wherein there is a written Constitution.
The Acts of the Legislature form the law, which
its Courts must execute without questioning their
validity or testing them with the Constitution.
The British people speak in each Legislative
Enactment ; and their last utterance is the guide
for their Courts, who are always subordinate to
the Legislature, and who exist solely by their
permission.

MtinnnI of Cinrer)nin'ut in (\in(id<i.

v.)n

TheHC Imperial eimctnicntH extend at tiiiios to
tlie ColonieH : aiultlicre Her >rajeHty'HCourtH are
precisely in the sanie position, ho far as tliese
enactments are concerned, 'i'liey have the same
duties under them as the Jiritish Courts have —
to see tliat they are carried out accordin}^ to law.

An Imperial Statute in 18(37 gave Canada a
written and defined Constitution. I'nder this
Constitution numerous hodies were endowed with
large Legislative powers. All the laws were to
be executed by the Courts, but executed so as not
to conflict with the Imperial laws, which must, first
of all, be executed. Our Courts, therefore, while
bound to execute all laws in force, must be the
judges as to what laws are in force. A Canadian
law which is repugnant to any Imperial enact-
ment must be declared void by th«- Courts — a
higher than Canadian i)uwrr has said that it is
no law at all. Again, the J)ominion I'arliament
nniy usurp Provincial rights, or a Province
assume to deal witii ])ominion matters; the
Courts still sitting under the Constitution, the
Imperial enactment must refuse to obey their
behests. The Courts in Canada are still the
Queen's Courts and bound to execute such law as
is in force, but equally bound to declare that
the Acts of any of our Legislature.^, when tran-
scending their limits, are unconstitutional and
void. The Courts, so long as they are permitted
to exist, are not the creatures of the Legishiture ;

TOG Mituiial of Goremment iii Canada.

they are of courne subordinate to constitutional
legislation, but they are co-ordinate and in effect
superior to that which is not constitutional.

This being, it is apprehended, the position of
our Judiciary in Canada, the laws to be con-
sidered necessarily refer to three sources the
Imperial, the DominCt and the Provincial. The
first must bj obeyed at all events ; the other two
must be equally obeyed, provided they are
constitutional; and if not, they must be declared
void.

H f

CHAPTKIJ XLIU.

(ii;M;i!AL OiKK CHS Ol' llli; I.AW .

The different rrovinees of the Dominion make
their own regnhitions under Lepjishitive authoritj-
as to who are and who are not oflieers of their
Courts, and their powers, duties and obligations,
lieference will here be made to the cliief officers
engaged in and about the Courts.

In Ontario the Treasurer and Benchers of 77/r
rniir Societif of [•ppcr (.'funt/ld form a Corpora-
tion ; and they and their successors hi office
regulate the government of the Society, the
appointment of officers, the legal education of
students, and the term of studentshi]), and the
admission of applicants as ]3arristers at Law or
as Attorneys and Solicitors into the Law Society.
The Benchers have the appointment of reporters
to the Superior Courts, and ffx tlie amount of
their salaries.

No one can practice at the Bar in Her
Majesty's Courts of Law or Equity in Ontario
unless he has been entered and admitted into
the Law Society, under its rules, as a Barrister.

The Lieutenant-Governor by letters patent
under the Great Seal of the Province may
appoint from among the members of the Bar
Provincial Officers under the name of Her
Majesty's Counsel learned in the Law, usually

; I
i I

I 1

198 Manual of (iovernment in Canada.

called Queen's Counsel, who are entitled to hold
Court at Assize or nm pr'nis at the request of
the presiding Judge or otherwise ; and have
certain other rights and privileges as to pro-
cedure in Court, &c.*

Tlie Attorney-General for the Dominion ranks
first in precedence in the Ontario Bar, then the
Attorney-General for the Province, then previous
Attorney-Generals according to sen^'ority of ap-
pointment. After these Solicitor-Generals and
such Queen's Counsel as were appointed before
Cciifederation, in the same order. Other mem-
bers rank in the order of the call to the Bar.

Attorneys and Solicitors are admitted into
the Law Societv under rules somewhat similar
as to Barristers, and must not practice with-
out paying an annual fee and obtaining a cert'fi-
cate. They may be struck off the Roll of any of
the Courts by a Superior Court Judge on appli-
cation being made in a proper case. It is usual
to speak of members of the Legal profession as
Attorneys when conducting actions or suits in
the Common Law Courts, and Solicitors in the
Chancery or Insolvency Courts. In the Mari-
time Court they are styled Proctors. The pro-
fession of Barrister in Ontario, though not so
distinct as in England from the office of Solici-
tor or Attorney, is yet separate from the latter.
Generally Barristers here are members of both

* In Lenoir vs. Ritehit", severiil of the Judges in the Supreme Court
liolil that flit- Local Legishitures have no power to pass an Act anthoriz-
ingthe appointuient of (Queen's Counsel.

Manual of (rorernment in Canada. 190

professioDH — if indeed there can be said to be two
profesHions in the Province. A number of SoU-
citorB, however, are not Barristers, and therefore
not entitled to plead in Court. On the other
hand, a Barrister who is not an Attorney or
Solicitor as well, is not privileged to act in any
other capacity than that of arguin*; in Court
the cases which the Attorneys or Solicitors
prepare for him.

The Judges of the Superior Courts are selected
from Barristers of at least ten years standing,
'^n other Courts the length of time varies with
the Court.

In Quebec all Advocates, Barristers, Attorneys,
Solicitors and Proctors-at-Law, form a Corpora-
tion called The Bar of Lower Canada. A certain
number of officers of each of the sections into
which the Corporation is divided constitutes a
Council with powers somewhat analogous to the
Law Society of Upper Canada.

They entertain matters, however, among the
members of the profession not dealt with in
Ontario by the Law Society, noticeably the pro-
nouncing of censures for any breach of discipline
or action derogatory to the honor of the Bar
through the Bhtonnier. Members may be sus-
pended by this officer, subject to approval of the
Council. In the two Provinces also there is a
great diflterence as regards Notauiks Public. In
Quebec these form a separate profession, being
divided into a number of bodies corporate under

200 Miutudl of Government in Cunahi.

Acts very similar to those relating to the Bar of
the Province. Their duties not only embrace
the certifying and protesting of documents, but
includes nearly all of what is understood in
English practice by conveyancing.

In Ontario a Notary Public is appointed by
the Lieutenant-Governor, and may protest ]3ill8
of Exchange and Promissory Notes ; and may
draw, pass, keep and issue all deeds and con-
tracts, charter parties, and other mercantile
transactions in this Province, may give certifi-
cates as to copies of instruments, and has some
other undefined duties. They form no profession
and are part of none, though the Commission is
usually granted to members of the legal profes-
sion as of course.

Any person not a, Barrister or Attorney must,
however, pass an examination as to his qualifica-
tion for the office before his County Judge, or
before some one appointed for that purpose by
the Lieutenant-Governor, and produce a certifi-
cate that on examination he is found qualified
for the office ; and further, that in the examiner's
opinion a Notary Public is needed in the place
where the applicant intends to carry on business.
Under certain Statutes they can administer
oaths or affirmations, though usually the Courts
of Queen's Bench and Common Pleas appoint
Commissioners for taking affidavits for this
purpose, who have power within the County in
which they reside.

Manual of Governmf>it in Cantirht.

•201

The Sheriff i8 an officer of the Courts appointed
by the Lieutenant-Governor under the (xreat
Seal, one for each county, and holds office during?
pleasure. This office is one of the oldest and most
honorable in the gift of the Crown. Formerly
he held a Court for his shire or county, and the
word Sheriff' means a Reeve of the Shire. He
attended the King's Court and looked after the
peace of the county. He is yvi the Chief
Executive Officer of the Courts, attends the
Judge in circuit, summons the juries, has charge
of the gaols, and executes all writs and sentences
of the Courts up to the extreme penalty of the
law. Where the Sheriff" is personally interested
in a case, or where he cannot or will not execute
the process of the Court, the writs may be
addressed to the principal Coroner of the county.

(;riAPTKii XLrv.

BRITISH COLONIAL COI'RT

'I'm-; JiDit'i Ai, CoMMirrKK ok the Pkivv Coincil.

This Court is the last resort of a Colonial
British subject in appeal from the laws of his
own Colony.

The Privy Council in England is composed of
a large number of distinguished persons. Most
of the principal Judges, the Speaker of the House
of Commons, the Queen's Ambassadors and those
formerly holding offices in the Ministry, besides
the Archbishops and some Bishops, are members
of this body. One distinguished Committee
forms the Cabinet ; another, with which only we
have to deal with here, forms a Judicial Com-
mittee ; and its functions are to decide all matters
that can judicially come by appeal or by com-
plaint in the nature of appeal before the Queen,
or the Queen in Council. On hearing the case
argued this Committee report to the Queen in
Council their recommendation for her decision.

This Court is composed of such Privy Coun-
cillors as are or were its presidents, Judges of the
Chief Courts of Equity and Common Law, the
Judges of the Admiralty, of the Prerogative Court
of Canterbury, Bishops and Archbishops, two
retired East Indian or Colonial Judges, and two
others.*

dox's Dvitish Coiiiinoii wealth.

Mdiuntl ofGovcnnnent in douuhi. 208

' p

The Comiiiittee has the ordinary powers of the
Superior Courts in En{^'Uind as to witnesses,
juries, process, ka. ; and cases may he heard by
three of its members and tlie Lord President.
The Court holds three sittings in the year,
generally in February, June and November,
lasting usually six weeks.

The jurisdiction of the Judicial Committee
is divided intr cwo heads — one being where an
appeal is allowed by right and the other where
leave to appeal is first of all necessary. The
Crown may, in Acts of its Colonial Legislatures,
shut out the right to appeal — it may abrogate
its perogative. Where the right of the Crown
is not reserved, or where the fair construction
of the Colonial Act is that no appeal will be to
the Privy Council, then tlie judgment of a
Colonial Court under the provi> ions of such an
Act, which was assented to by the Crown, is final.
The Crown, by assenting, takes away the right of
appeal.

In the Quebec Controverted Elections Act of
1875, the Act states that the judgment of the
Court " shall not be susceptible of Appeal;" and
an appeal to the Privy Council was refused in a
case coming under this Act.''

The Canadian Act establishing the Supreme
Court at Ottawa in 1875, made its judgments
iinal without appeal, saving any 'right which Her
Majesty may exercise in virtue of the Royal
prerogative.

* Tliober^f vs. Lundiy, i App. Cas. Vi.

'204 MdiiKdl of (iorcnnnoif in CniKida.

Lord Cairns, in construing the Section of the
Supromo Court Act containing tliese words, lays
it down that tlie Judicial Conimittt'c of tlie Privy
Council would have no hesitation in a proper
case of advising Her Majesty to allow an appeal
upon the judgment of this Court.

'J'he discretion of so allowing an api)eal to be
heard would not be exercised where the amount
involved was small, and where the issue between
the treaties related simply to the legal construc-
tion of a particular contract, or where no general
j)rinciple was involved, or where no other cases
were necessarily affected by the decision com-
plained of."

Appeals lie as a matter of right from the
Provinces.

So far as Colonial cases are concerned it is
said that no appeal lies in any case of felony.

When the last Court is reached in criminal
matters the condemned has the right to sue for
pardon at the foot of the throne. Formerly the
pardoning power was supposed to be or was in
reality in the personal discretion of the Governor-
CTcneral.

The instructions as to pardon are now to this
effect :

" The Governor-General is not to i>iir»lon or reprieve
any offender who may be tried within the Dominion
without first receiving in Capital oases the advice of the
Privy Council, and in other cases the advice of at least

*Johnston is. The Minister ami Trustees of St. AiulreWs Church,
Montreal. SApii. Cus. I'llt.

■1;

MdHual of Government in Cantuhi. 205

one minister. And in cases in which such pnrdon or ro-
prieve might directly afiect the interests of the Empire,
or of any country or phice hoyoud th(> jurisdiction of the
Government of tlie Dominion, the said (iov('!nor(ien-
eral sliall, before deciding as to eitlier pardon or re])rieve,
take these interests specially into his own i)ersonal con-
sideration in conjunction with such advice as afore.
said."=:=

Appeals to Her Majesty in Her Privy Council
are entertained from the Court of Appeal in
Ontario, where the matter in controversy exceeds
the sum or value of :5?4, ()()(), and in cases relating
to the taking of any annual or other rent, custom-
ary or other duty or fee, or any like demand of
a general or puhlic nature affecting future rights,
no matter wliat the amount in question may be.
Beyond these no appeals lie from the Court of
Appeal in Ontario to the Judicial Committeq of
the Privy Council.

Security to the amount of $2,000 must be
given in these cases.

All cases of Appeal are commenced by Petition
addressed to Her Majesty in Council; and this is
the first step in their prosecution. Afterwards
certified copies of the record from the Court
appealed from are sent to England and deposited
in the Council office; and an appearance having
been entered by the respondent, each side makes
up its own case if it is allowed to be heard.

Earl Carnarvon, in 1874, intinuited to the
Governor-General of Canada that in order to

* Iiiatructioiis to His Excollcncv the ^NJanjnis of Lome.

i:ll

'?!

*20(» Manual of Government in Canada.

bring Appeals from the rupremt' Court of
Canada, a rctition for that puri)OHe should be
brought before the Judicial Committee of the
Privy Council, and not transmitted through the
Secretary of State to the Queen in Council, in
order to obtain leave to appeal. He also intima-
ted as the practice that the Petitioner must enter
an appearance before any answer is returned by
the Judicial Committee in answer to the Petition.
The Governor-Cjeneral hereafter is to decline
transmitting applications in a private suit to the
Secretary of State for the Colonies, but is to
inform the Petitioner what steps to take in the
matter. The circular dispatch of Earl Carnar-
von, though directed to the practice in aj^peals, is
an indication that tlie Pioyal Prerogative as to
allowing them from Canada would ])e exercised
in the recommendation of the Judicial Commit-
tee itself. In effect it would seem to be similar
to an application to any appellate court for leave
to appeal, where such leave is necessary.

The Judicial Committee has unlimited powers
in the way of procedure, and takes no notice of
the rules in the Court below as binding upon it.

The case is argued by senior and junior
Counsel, the appellant's Counsel having the right
to reply.

The judgment of the Court is delivered by one
Judge only, and need not be unanimous, a
majority being suflftcient.*

* Lattoy'8 Trivy t'ouiuil Practice.

M((tn(((l of (idirrtniH'vt ni (%ni(iiht. '207

A question Ihib been lately (liKcuHsed in Eng-
land whether a diBsenting nieniher of the Com-
mittee could declare liiH disHcnt. A greiit deal
of learning and historical research were expended
on another question out of which this arose,
that is, whether or not the Judicial Com-
mittee of the Privv Council is a Court at all, or
merely a amsultatU'c body. If a Court, then each
member would liRve the right to express a dis-
senting opinion or judgment ; and if the usages
and traditions of the Privy Councils wero to
govern, then there could be no dissent, at least
in expression."

The Judgment, after beingdelivered, is reported
to the Committee, and submitted to the Queen in
Council for approval . The order made thereupon
is the last proceeding in the case, and the Judicial
rights of the parties determined.

* Set- Finlayson's Hiftorv of the .liidicial Coiiiiiiittoc oi' the Priv.r
Council.

rilAITKU Xr.V.

I'UMINIOX COUUTS.
TlIK SlI'KMMH (\){UT (iK CaVAKA.

This Court is tlio hi«4lieh:t Court of Appeal
within Cauiulii, jiiul entertains appeals within
and throughout tlie J)()niinion from the last
Court of resort in the; Provinees. By leave,
however, it may hear an ai)i)eal from any decree,
decretal, or order made hy a Court of Equity,
or in an E(piity proceeding or any final
judgment of the Superior Courts, other than
those of (^)ufbec, without intermediate appeal to
such last Provincial Court, providing the case
originally commenced in such Superior Court.
In certain cases in election petitions an appeal in
the same way will lie to this Court. In Equity
cases, and in proceedings in the nature of equity*
an appeal will lie to this Court, even from orders
made in the exer'-ise of Judicial discretion.

The intention of the Act establishing the
Supreme and Exchequer Courts is that all
orders, decretal orders, decrees and decisions of
any Superior Court made in any such cause,
matter or other judicial proceeding in Equity, or
in any action, cause, suit, matter or other judi-
cial proceeding in the nature of a suit or pro-
ceeding in Equity, are and always have been
proper subjects of aj^peal to this Court.

Manual of Government in Canada. 209

■9

In (j)iu'l)ec cases, the appeal must always come
from the Court of (Queen's Bench ; and the matter
in controversy must be at least $2, 000, unless
it involves the validity of a Dominion or Local
Act of the Lef];islature or of any Act or Ordin-
ance of the Territories or districts of Canada, or
any fee of otHce, duty, rent, revenue, or any sum
of money payable to Her Majesty or any title to
lands or tenements, or annual rents, if brouj^ht in
the Court mentioned.

The Court has jurisdiction in criminal as well
as in civil matters ; but in respect of treason,
felony and misdemeanor, no appeal is allowed if
the judgment of the Lower Court was unanimous
in affirming the convictions.

This Court of last resort does not mean tho
individual judges who may be authorized to sit
in these Courts, but the tribunals from which
the appeals are to come, or the respective Courts
themselves, without reference to the number of
Judges, provided always tlic Court be duly con-
stituted by the presence of a sufficient number
of Judges to make a legal court, whatever that
number may be.'= The judgment of two or even
of one Judge where the Court may be constitu-
ted of that number respectively is not appeal-
able. An appeal lies only where there is a dis-
senting judgment in the Court appealed from.f

* Per Mr. Justice (now Chief Justice) Kitchie iu Aiiier vs. The Queen,
'i S. 0.

t jMr. Justice Taschereau in the same case.
U

210 Manual of Gorernmcnt in Canada.

No appeal lies to this Court from the judg-
ment of a Court granting a new trial on the
ground that the verdict was against the weight
of evidence, that heing a matter of discretion.*

The Governor-General may refer any matter
to the Supronc Court for hearing or consideration,
and they shall certify their opinion thereon to
the Governor in Council ; and either House of
Parliament may refer any private Bill or Petition
thereto.

Controversies arising ])LoWeen the Dominion
and the Provinces, or hetween the Provinces
themselves, may, with the consent of the Pro-
vinces, he determined hy the Supreme or the
Exchequer Court of Canada. The Province of
Ontario has placed herself within this jurisdiction
by enacting that the Supreme Court may enter •
tain controversies between the Dominion and the
Provinces, and also controversies between Ontario
and any other Province submitting to the juris-
diction of the Court. In such actions and pro-
ceedings in Ontario, where the parties thereto by
their pleadings raised the question of the validity
of any Dominion or Provincial Act, if in the
opinion of the Judge the question is material,
the case may be ordered by the Judge, either
with or without the request of the parties, to be
removed to the Supreme Court.

The Court, or any of its Judges, has original
jurisdictions in habeas corpus ca^e^ ; and has the

r-Vei'

* lioiik t». The Jlercliuufs Murine Insurance Co'y. 1 S. C.

mgnjigiyi

Monnal of Government in Canada. 211

same power to bail, discharge or commit the
prisoner as any Court or Judge in the Provinces
having jurisdiction in such matters.

The Court, or any Judge, may also order the
issue of a writ of Certiorari to bring up papers
or proceedings necessary with a view to any
enquiry, appeal or other proceeding before such
Court or Judge.

The Supreme Court sits three times a year, on
the third Tuesday of February, the first Tuesday
m May, and the fourth Tuesday in October, at
Ottawa, and is presided over by a Chief Justice
and hve Associate Judges, who hold office during
good behaviour. Any five of the Judges are
competent to hold Court in term. The Judges
are incapable of holding any office of emolument
under the Dominion or Provinci.il (iovernments.
Rules in relation to appeals are laid down by
Order in Council, and the Judges of the Court
can make rules and ordc-rs for the purposes of
carrying out the Acts establishing tliis Court.
^ All ]3arristers or Advocates, Attorneys or
Solicitors, in any of the Provinces shall have the
riglit to- practice as Barristers, Advocates, Solici-
tors, &c., and Counsel in this and in the Exche-
quer Court ; and all such practitioners are officers
of these Courts.

A Registrar and Reporter of the Court arc
appointed by the Governor in Council.

n> i

212 Manual of Government in Canada.

The proceedings in this Court are regulated by
rules approved of by the Court.

The first proceeding in appeals is the filing of
a case stated by the parties setting forth the
judgment objected to and so much of the plead-
ings, evidence, afiidavits, and documents as may
be necessary to raise the question for the deci-
sion of the Court. The case must also, if possible,
contain a transcript of all the opinions or reasons
delivered by the Judges in the Courts below, and
must be accompanied by a certificate that proper
security to the extent of §500 has been given by
the appellant in the Court appealed from.

Twenty-five copies of the case are printed in a
prescribed form ; and these, with certified copies of
original documents, deposited with the Registrar
of the Court. Notice of hearing is served at
least a month before the next session of the
Court, at which time each party deposits in Court
copies of the factum or points for argument in
appeal. This contains a concise statement of
facts, the points of law and the arguments and
authorities in the case, and is printed and
distributed the same as the case or appeal.
These are put in under seal ; and, when de-
posited, are exchanged with the opposite party.
When the rules of Court are complied with the
appeals are set down for hearing, and the case is
heard with not more than two Counsel for each
side — one only in reply. These rules do not
apply to criminal appeals or to habeas corpus

I lillJiMi

Manual of Government in Canada. 213

cases, in which a certified written case is all that
is necessary in order to bring them before the
Court.

In election appeals, the record or the necessary
part of it, is printed under the direction of the
Registrar of the Court, but each factum is pre-
pared the same as in ordinary cases.

A tariff of costs has been drawn up by the
judges ; and the Court has full power as to
execution to enforce its orders.

CHAPTER XLVI.

M '!

DO.MIXION' COrKTS.— (CoviiNUKD).

The ExcHE«iUKR Coikt df Canada.

The only other Dominion Court is the Ex-
chequer Court of Canada.

This Court looks aftpr the Revenue of the
country, enforces certain penalties on behalf of
the Crown, and has jurisdiction in all cases in
which demand shall be made or relief sought in
resjiect of anj^ matter which might in England
be the subject of a suit or action in the Court of
Exchequer on its plea side against any officer of
the Crown. It also deals exclusively with those
cases which, in the English Exchequer Court,
were instituted on its revenue side against the
Crown.

The Exchequer Courts can hear appeals in
all cases of arbitration arising under the Acts
respecting the Public Works of Canada when the
claim is over $500. In all cases the submission
of the parties as to arbitration can be made a
rule of this Court ; and the Court has full power
over any award — to set it aside or remit the
matters referred for re-consideration — and may
make final order as to what it deems just and
right between the parties.

An appeal lies to the Supreme Court in these
cases.

Manual of GovernmoU In Canada. 215

The Suin-eme Court Judges are the Judges of
this Court ; and the practice and procedure are
hiid down in very ehihorate rules framed hy all
the Judges of the Suiireme Court.

Cases are heard before a single Judge in the
first instance with or without a jury, and an
appeal lies to the Supreme Court.

The Court sits at any ijlace in Canada, and
the Sheriffs and Coroners of the different Counties
are officers of this Court also. In Ontario a
Judge of the Exchequer Court lias, in regard to
the use of the Court House and other buildings
set apart in the County for the administration of
Justice, the same authority in all respects as a
Judge at Nisi Prius.

Execution can issue out of this Court, both to
enforce its own decrees and those of the Supreme
Court, the writs issuing in the name of the Chief
Justice of the Supreme Court.

The Registrar of the Supreme Court is
appointed for this Court also ; and all Barristers,
Attorneys, etc., are officers of the Court, the
same as in the Supreme Court of Canada.

■^

CHAPTER XLVII.

iff;

ill;

§ih

i: i

PHOrEDrRK DKKINK]) 15Y THE DOMINION PARLIAMENT.

Criminal Law.

The Procedure in Criminal Law is directed by
Acts of the Dominion Parliament, and is almost
im'^^ormly the same in all the Provinces.

ill criminal trials, as it is the public that is
wronged, the action is said to be brought by the
Q;^ _en or King against the accused. The case
under our Statutes is commenced either on
information laid before a Justice of the Peace, or
Police Magistrate, the inquistion of a Coroner's
jury or the presentment of a grand jury.

When an indictable offence is laid before a
Justice of the Peace, if the evidence is sufficient
to put the accused on his trial, the Justice must
either send him to gaol to await the next sitting
of the Court or admit him to bail. The evidence
and information are transmitted to the County
Crown Attorney, who takes up the case on
behalf of the Crown, after the Justice of the
Peace or Magistrate has disposed of his share of
it. This is the usual way in which criminal
trials are begun.

It is true that on leave being obtained a
criminal information may be filed in the Court of
Queen's Bench in Ontario ; but this is rarely done,
and is the only case where proceedings are begun
in a high Court of Justice. No criminal infor-

i :•.

M<}nu id of Government lii Canadu, 217

mation will lie in regard to a felony or high
treason. The procedure only applies to those
misdemeanors upon which an indictment would
lie before a Justice of the Peace. Leave to file
a criminal information rests in the discretion of
the Court, and is a proceeding of an extraordinary
character in criminal matters. In England it is
granted when the matter complained of is of
l^ublic importance, and that a speedy remedy is
desired and necessary, or where some important
or superior person is the subject of grave charges ;
but the tendency of the Courts here would seem
to be to discourage the practice of granting leave
for such informations.

A number of cases are also sent up to the
County Crown Attorney from the Coroners of the
different Counties.

In cases where manslaughter or murder has
been committed, the Coroner empannels a jury,
and their verdict or inquest is transmitted to the
Crown Attorney as in the case of Justices' com-
mittals. The County Attorney attends with
these informations and inquisitions at the next
sitting of the Court of competent jurisdiction
and prefers them to the Grand Jury for their
opinion as to whether or not the evidence is
sufficient to put the accused on his trial.

A Grand Jury is comprised of not less than
twelve or not more than twenty-three persons
selected to be Grand Jurors ; and their duty is to
judge whether the prisoner ought to be put on
his trial or not.

"TUfil

I ;

i' II

218 M.ann<il of Govrnniidit in C<iiuula.

In certain cases, such as perjury, suborna-
tion of perjury, conspiracy, obtaining money
or other property l)y false pretences, keeping a
gambhng house, keeping a disorderly house, or
any indecent assault, no presentment to or find-
ing by the Grand Jury is made without the per-
son making the accusation lirst giving a bond
to prosecute or give evidence in the matter ;
unless the accused is committed, or in custody,
or that the indictment is preferred by the Attor-
ney or Solicitor-General of the Province, or by a
Judge competent to give such a direction or try
the offence.

The Grand Jury judge nothing of the guilt or
innocence of the accused ; that is left to another
jury. In the linding which the Grand Jury
makes to the jn-esiJing Judge, if in their
opinion the accused ought to be put on his trial
they write " true bill" on the back of the infor-
mation or inquisition ; and if not they write " no
bill" and the accused is dicharged without trial.

The Grand Jury also presents a statement in
reference to the state of the County Jails,
Asylums, kc which is called a presentment, and
in this they can take notice of certain crimes and
have the accused put on his trial.

After the Grand Jury brings in a true bill the
accused pleads guilty or not guilty ; or in the
event of his silence, the Court can plead not
guilty for him.

In capital offences the accused can object to
or challenge not more than twenty jurors. In

■ -w iim! JJJi ! aJ ^ a» 5al.^^•g;^^5^ g''B ■ ^

Mtinudl of Government in Canada. 219

other cases of felouy not more than twelve
jurors, and in all other cases four jurors. These
may be objected to without any reason given.
Any number may be objected to on cause
assigned. The Crown has the right to challenge
four jurors peremptorily, and has also the right
to cause any juror to stand aside until the j^anel
has been gone through, and has the same rights
as the accused as to challenge for cause.

The accused, after the close of the case for the
Crown, can make full answer and defence to any
indictment preferred against him, and be heard
by his Counsel on his behalf.

The presiding Judge, on the finding of the jury,
sentences the accused or discharges him as the
case may be. From this there is no appeal. The
Judge may reserve any question of Law to any
of the Superior Courts of Common Law. But
in case the Judge refuses to reserve a- point
of Law, or could not have reserved it, a writ of
error may issue so as to bring the matter under
the consideration of Superior Courts of Law.
If the conviction is bad for any cause, the whole
trial is a nullity, and a new trial may be granted
in such cases. In the absence of reprieve or
pardon by the Crown the sentence of the law is
carried out by the various punishments of death,
imprisonment, kc, provided by the Statutes in
that behalf.

The appeals to the Supreme Court, as well as
the exercise of pardon, have been adverted to
heretofore.

CHArTKR XLVIII.

ii .

OFFICKRS (»K THK CRIMINAL LAW.
Jr.STICKS OK TlIK J'eACE.

One of the Prerogatives of the Crown is, that
the King or Queen is the fountain of Justice.
In view of this the Sovereign has charge of the
l^eace of the reahn ; and in order that peace
should prevail, certain magistrates, called Justices
of the Peace, are appointed hy commission from
the Queen. In Ontario these commissions come
through the Lieutenant-Governor in Council
through the Clerk of the Peace for each County,
and only the most sufficient persons are chosen
for the office.

Certain other persons, from thv nature of the
offices they hold, are also Justices of the Peace,
Buch as Mayors of Cities and Towns, Aldermen
who have qualified themselves for that purpose,
and the Ileeves and Deputy Pieeves of Township
and Village Corporations. The Judges of the
Supreme and Exchequer Courts of Canada, and
the Justices of the Court of Appeal and of the
Courts of Queen's Bench and Common Pleas
and of the Court of Chancery for Ontario, are
Justices for the whole of this Province. The
Judges of the County Courts are also Justices of
the Peace ; and it would appear that the members
of the Executive Council for this Province, the

Manual of (iovcrnment in Canada. 221

lie

Ire

he
I of

irs
he

Attorney-General for the Dominion and the Pro-
vinces, and in certain cases Queen's Counsel,
are also Justices of the Peace by virtue of their
office or position.

Where Justices of the Peace are appointed by
commission by the Lieutenant-Governor they
must have, besides the mental qualifications
necessary for the importance of the office, some
interest in land to the value of at least !5>1,200.
Unless where specially provided for, no Attorney
or Solicitor, while practicing as such, shall be a
Justice of the Peace ; and no Sheriff or Coroner,
acting as such, shall be qualilied for this position.
Every Justice of the Peace must take a pre-
scribed oath before fulfilling any of the duties of
his office.

The authority under which they act is called
their Commission, and was settled by all the
Judges in England over five hundred years ago ;
so that the office is a very ancient as well as a
very honourable one.

Each ordinary Justice of the Peace has a cer-
tain district or territory within win* 'i his jurisdic-
tion lies ; beyond that he has no power. The
duties of a Justice of the Peace are of two kinds :
1st, Judicial duties ; and 2nd, Ministerial duties.
When any person prefers a charge against
another before a Justice of the Peace, the latter
may issue a summons or a warrant to apprehend
the offender; the summons being a command to
the offender to appear on a certain day, and is

IH'

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k ■,

222 Mduudl of Government in Canada.

for trifling matters or (liHputos — the warrant
being for all Herions offencoH, and is the (' a-
ble's authority for arresting and keeping the
accused i\i iiis charge till brought before the
Justice of the Peace. If the suimnons be dis-
obeyed, the Justice may issue a warrant to apjH'e-
hend the offender.

The Justice may require in all cases that the
person preferring a charge against another
should make his statement t)n oath. In the
cases of perjury, \c., where a bond conditioned
on the prosecution and giving evidenc is
necessary before a Bill of Indictment sho ^e
presented to, or found by? a (Irand Jury, as nien-
tioned >n the last chajiter, a prosecutor desiring
to prefer an indictment respecting any of these
offences before one or more Justices of the Peace
having jurisdiction in the matter, and who may
refuse to commit or bail the person accused,
must give his bond or recognizance to the Justice
or Justices that he will prosecute the charge or
complaint ; and thereupon the Justice or Justices
must transmit the recognizance, information and
depositions, if any, to the proper officer in the
same way as if the accused had been committed.

Where a felony or misdemeanor has been
committed the charge in the affidavit is called
an information and a warrant issued. On the
accused appearing before the Justice, witnesses
are examined and the proceedings conducted with
the regularitv of a Court.

Mamtdl of' (iorenimeut in Cnnmla. '2251

Ihe

I en
ed
Ihe

;es
th

In seriouH cases where an indictment woulil lie
against the accused, the statement of the
accused is taken down, read over to him, and
signed hy him in tlie ])res('nce of the Justice,
and also signed hy tlie Justice himself. When
all the evidence is taken, and the case argued by
Counsel, when such is necessary or i)ermitted,
the Justice decides on the case.

If it is an offence for which the law has given
the Justice express power by Statute to im))ose a
line or imprison the ai used, and that there is
sufficient evidence to warrant tine or imprison-
ment, then the Justice summarily convicts the
accused. This is called a Summary Conviction,
and is regulated by Act of Parliament.

In these cases, if the evidence be insuflicient to
warrant a summary conviction, or if the Justice
had no authority to convict, or if for other good
reasons the conviction be bad, the Superior
Courts of Law, on application ])eing made by
the accused, will quash the conviction by Cer-
tiorari. An appeal lies to the County Judge and
to the C!ourt of General Sessions from the
conviction of a Justice of the Peace.

At the hearing of any a])peal under the Act
relating to summary convictions, any of the
parties to the appeal may call witnesses and
adduce evidence, who or which ma}' not have been
called or adduced at the original hearing.

No action will lie against a Justice of the Peace
acting within his jurisdiction in the discharge of

• I

ft. ^ .

Ms il

lii

224 Manual of Government in Canada.

his duty unless he acted maliciously and without
reasonable or probable cause ; and no action
can be brought against a Justice of the Peace
except within six months after judgment. In all
such cases of summary conviction a Justice of
the Peace acts judicially.

But a Justice of the Peace has Ministerial
duties to perform as well as Judicial ones. After
hearing all the evidence in a case before him
there may be sufficient to justify him in finding
the accused guilty of some crime over which the
Justice has no power or authority to convict
summarily. It may be for a crime of a serious
nature, such as murder, manslaughter, or some
indictable offence and over these a Justice of the
Peace has no power. There are certain offences
in which, if the accused consents, a Justice of the
Peace or Police Magistrate may try the case and
sentence the accused to such punishment as may
be determined by the Statutes m that behalf.
But without such consent, punisliment would not
be intiicte'^. The accused is not deprived of the
benefit r , jury of his countrymen as to whether
or not ho is guilty of the crime charged against
him.

An indictment, it will be remembered, is the
test of a crime, and the evidence must be consi-
dered by a Grand Jur} to be sufficient to put the
accused on his trial. As the law at present
stands the judgment of two Justices of the Peace
is supplanted by that of a Grand Jury, on the

•

Manual of Government in Canada. 225

sufficiency of the evidence to support an indict-
ment. On the duties of the Justice on an
mdietahle offence being brought under liis notice
they are so far judicial that in a proper case he
can admit the accu.'ed to bail till the next sittincr.s
of the Court. No Justices shall admit to bidl
uny one charged with treason or a capital offrnee •
but any two Justices may bail parties charged
with other felonies. Where the offence is not
bai able by him his duties are purely ministerial.
It tlie evidence supports the charge the accused
must be committed to gaol. The depositions
and prisoner's statement are sent to the County
Attorney, and the case tried either at the County
■Tudge's Criminal Court, the Court of General
Sessions, or the Court of Oyer and Terminer and
General Oaol Delivery. l„ the two latter
Courts the accused has a jury to thid wliether
the evidence points to ],is guilt; hi tiie County
Judge's Criminal Court the accused can elect to
be tried without a jury. This only refers to
oltences for wliich the accused can be h-ied at the
General Sessions.

So far as summary convictions are concerned
the Magistrate's decision is final, unless set aside
on appeal on application to quash the same
Jiut all committals, after being disposed of by him
are tried in the Courts as already mentioned. Jf
the Justice refuses to bail the person an apjdica-
tion, even in cases of murder, can be made to the
Superior Courts of hiw ; and if a proper case be

7:v}-f:s^^ai^smf?'mm^mm^'^'>

226 Manual of Government In Canada.

made to the satisfaction of the Judge, bail can be
put in for his appearance.

In cases of felonj'' one Justice cannot dispose
of the case, it requires two at least • but a Police
Magistrate, County Judge, or Stij idiary Magis-
trate mav of himself do whatever is authorized
by our Criminal law to be done by two or more
Justices of the Peace. Justices of the Peace are
aided and attended by constables, whose duties
are to execute the commands of tlie Justices.
They may commit an offender and convey him
to prison if the offence was done in their presence,
but have no authority to arrest a man for an
affray done out of tlieir presence. Each Justice
appoints liis own constables ; and when necessary
any two or more Justices can appoint special
constables upon the oath of a credible witness
that an}- tumult, riot, or felony has taken place,
or is continuing, or is to be expected to take
place. A County Constable is appointed by the
County Judge, or by the Court of General Ses-
sions, and the Lieuteiiant-(4overnor may appoint
one for the whole Province.

In Cities and Towns with a population of over
5,000 inhabitants, instead of Justices of the
Peace, a Police Magistrate is appointed, who has
generally the same powers as two or more
Justices would have, and may entertain cases
requiring more than one Justice of the Peace.
The Police force in the city or town attend and
execute his commands, much the some as Con-

[fi

^l^niiinl of Govemmcnt in C(in<id(t. 227

stables do with those of Justices of the Peace
Such Police Magistrate holds office during"
pleasure: and by virtue of his appointment as
such, IS a Justice of the Peace for the city or
town where he is appointed. Every other Jus-
tice of the Peace within the city or town where
a Police Magistrate has been appointed ceases
to have any powers to admit to bailor discharge
any person, or act in any way within the Judi-
cial limits of the city or town, except at the
request of the Police Magistrate, or during his
illness or absence.

Every other Justice of the Peace, however, is
liable to act as one of the Justices .,f the Courts
of General Sessions. A Police Magistrate so
appointed, besides having the powers of two or
more Justices of the Peace as to matters within
the J.egislative control of this Province, has
jurisdiction over all prosecutions for offences
against the City or Town by-laws, and penalties
as to refusing to accept offices therein, or to make
tlu^ necessary declarations of qualiiicatioii and
omce.

-iW^'M^^'^fK^'-

f I

f'f

,.'T
I. i

liii

CHAPTEK XLIX.

COHONKKS.

Coroners ai-o also conservators of the peace,
and are said to be the only officers known to the
English law charged with the investigation of
crime. They are called Coroners from corona,
the Latin word for Crown, because formerly they
attended to the pleas of the Crown. Their duties
at present are mostly defined by Statute law ; and
with the exception of acting at times in place of
the Sheriff of their county, are limited to inquisi-
tions on deceased persons and as to the origin of
tires.

Coroners are appointed by the Lieutenant-
Governor under the Great Seal ; one or more
Coroners for each County, City, Town or District
in the Province ; and hold office for life, unless
they are removed for improper conduct or resign
their Commission. It maybe that besides those
appointed in this way that tiie Chief Justices of
the Court of Queen's Bench and Common Pleas
are Coroners for the whole Province, in analogy
to the English doctrine, that the Lord Chief
Justice of the (Queen's Bench is the supreme
Coroner in the land.

The office of Coroner, like that of Sheriff, is
very ancient and very honorable. The Peace of
the County in England was entrusted to these

Manual of Government in Canada. 229

two officers wlieu the Earls gave up the ward-
ship of the County. It thus liappenetl that tlie
Coroner often fulfilled the duties of the Sheriff;
and such is the practice to this day ; so that when-
ever the Sheriff has an interest in the suit, or
makes default in serving jjrocess, the writs are
directed to the Coroner.

This is part of the Ministerial function of a
Coroner ; and hesides acting as Sheriff''s suhsti-
tute, they can arrest persons committing an
affray in their presence: and they possihly
possess other magisterial powers.

But the Judicial functions of a Coroner are
what must be considered as properly coming
under Criminal law. Whenever it has been made
to appear to a Coroner that there is reason to
believe that a deceased person came to his death,
through violence or unfair means, or by culpable
or negligent conduct of himself or others, under
such circumstances as require investigation, and
not through mere accident or mischance, he is
to direct an inquest to be held on the body of
such deceased person.

On the death of any person in any Gaol, Prison,
House of Correction, Lock-up House, or House
of Industry, no matter from what cause, an
inquest is to be held, as the Crown desires to see
that the inmates of these places are properly
taken care of and do not die of want, or from
improper treatment from the custodians or
otherwise. In furtherance of this, notice must

. -^wismmm^mmm?^ ■

230 Manual of Government in Canada.

he given immediutely to the Coroner of the death
of tlie prisoner.

In all cases the inquest is held upon view of the
hody ; and the investigation extends to the cause
of the death of the person, and to an enquiry of
those accessories who it appeared were absent at
the time the offence, if chargeable against any
one, was committed, l)ut who procured, counseled,
commanded or abetted it. In other words, it
extends to principals in the crime and acces-
sories before the fact.

To aid him in this investigation the Coroner
issues a warrant to summon a Jury at a certain
time, not being a Sunday, and at a place
named in the warrant. A Constable summons
the Jury, at least twelve in number ; and it
appears that no one is exempt from serving
thereon, and may be fined for non-attendance.

Witnesses can be summoned at the same time,
and are examined after the Coroner's Court is
opened and the Jury sworn. The accused can
have his witnesses in his own favor ; and after all
the evidence is heard the Coronei sums it up to
the Jury, explains to them what the law is on the
subject, and directs them to consider of their
verdict — they are judges of what the facts are.
A unanimous verdict of twelve is required ; and if
it is a case to come up at the Assizes the
witnesses may be bound to appear at the trial to
give evidence, and the prosecutor to appear and
prosecute.

Manual of Governinent in Canada. 231

A written statement of the findinrr of tJio jury
or their verdict is called an [nquisition ; and when
it contains the subject matter of accusation it
need not come before a Grand Jury at the
Assizes, as the information of a Magistrate or of
Justices of the Peace nmst. The principle in
English law, that no man is to be deprived of his
life unless on the ummimoub \uidict of twenty-
four, is still regarded, the onlv difference he'mcr
that the Grand Jury in this case is superseded
by a Coroner's Jury. The party accused, if the
crime charged be murder, or an accessory to
murder before the fact, or manslaughter, is to be
apprehended and committed to jail, but may
apply to a Judge of one of the Superior Courts
for bail, if so advised.

The Inquisition itself may be quashed if taken
before an unauthorized person, or if the Coroner
or Jury misconducted themselves, or for other
good causes; butany technical defect or omission,
of any matter unnecessary to be proved, will not
vitiate any inquisition. Every Coroner, imme-
diately After inquisition found by him, shall
return the same, and all papers in reference
thereto and to the attendance of witnesses, to the
Countv Crown Attorney.

Coroners also enquire into the origin of fires,
where there is reason to believe the hre was the
result of culpable or negligent conduct or design,
or occurred imder such circumstances as require
investigation. The Coroner can in his discre-

""wa¥i!f '*'^'"^ «

! Si

•232 Manual of Government in Canada.

tioii empfiiniel ii jury or not, unless lie is required
to do so in the written requisition of an Insu-
rance Agent, or of any three householders living
near the tire The inquest is conducted the same
as an any ordinary' inquest on the hody of a
deceased person : hut the return is made to the
Clerk of the Peace instead of to the County
Crown Attorney'. With the exception, however, of
the County of York, the Clerk of the Peace is the
same person as the County Crown Attorney in
Ontario.

Each Coroner, before the first da\ of January
in each year, makes a return to the Provincial
Treasurer of the list of inquests taken before
him. The Informations of Justices of the
Peace and the Inquisitions of Coroners, as was
seen, are both returned to the same officer, the
Crown Attorney for the County. He is there-
fore the next officer immediately concerned in
the administration of Criminal Justice.

f- /,

CHAPTKi; L.

THK COUNTY CHOVVN AITOHNKY.

Thr Lioutcnniit-Goveriior appoints a Crown
Attorney for each County in the Province, who
holds otiice (lurin<.' pleasure. In Ontario lie must
be a resident in the County and a liarristor of at
least three years standin<,^ He is incapacitated,
either directly or indirectly, to act as counsel for
any prisoner charfred with treason, felony
or other offence i)unislni1)le und(!r the criminal
law in force. His duties are laid down by
statute, and refer almost, if not altogether, to
criminal matters. It is his duty to receive and
examine informations, examinations, and inquisi-
tions, and all papers connected witlj criminal
charges which the Justices of the Peace and
the Coroners of his County are reijuired to
transmit to him.

He secures the attendance of witn(isses ;
institutes and conducts on the i)art of the Crown
all the criminal business at the Court of Gene-
ral Sessions and the County Judge's Criminal
Court. He advises Justices of the Peace upon
being asked to do so ; and has certain duties as to
the Public Pevenue, Public tfealth, or any
matter punishable by a Justice of the Peace.
In Criminal cases at the Assizes, sucli as for
felonies and treasons, he is required to be
present and assist the Crown Counsel ; and in his
absence, to take charge of the Criminal business
of the Court.

wmmi-^'^^

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: !: r,

cnAPTKlJ LT.

CONC'LUSION.

In a work inttMided to describe tlie present
(.'onstitiition, it is i)ro})iiI)ly no part of tlio writer's
duty to lind fault with the existing state of tilings,
or suggest changes in the system of Government
that obtains amongst us.

It is an undeniable fact, however, that Canada,
with a population somewhat exceeding that of
the city of London, has a system of Governments
as elaborate as that of the United States for its
population of ten times that number. We have
a central Government with powers largely in
advance, comparatively speaking, of that at
Washington ; and we have Provincial Govern-
ments which, even if their limits are narrowly
hedged in, are yet each year asserting the neces-
sity of their existence by volumes of statutory
enactments. If these enactments be all necessary,
and it must be assumed that they are, the central
Goveriunent might sit at Ottawa all the year
through and not do one-half of it at all — and
probably not do a tenth of it eliticiently. A
House full of such members is poor machinery
for legislating on any subjects ; but totally inade-
quate for the local concerns of remote Provinces.
The Provinces are too scattered and their interests
too diverse to admit of the possibility of legis-

M(niii<(l of' (inrcrnnu'Ht in CaiKuhi. 235

latiM<,' for Jill by the ordinary iin-aiis of two
Houses of Parliament. The nienihers may
understand the legishition i>r()ii()scd or needed
for their own Provinees : hut tliey would neither
know nor understand, and ])ro]»ihly would'nt
care, abont the le<,'islation lu-eded m thousand
miles ott".

('anada, considered in point of ttn-ritory, has
a good deal of similarity to the I'nited States:
and it cannot he said that in copying/ the Con-
stitution of that country to the extent that
she has done, any mistake was committed.
Local concerns in a lar<^e country are manaf:ted
most satisfactorily by Local Administration ; and
it wont matter any whether such Administration
is a District Council or a Tarliament. It may
be nuUter of importunce if the cost of sustainin^^
(me form is nuich more expensive tlian the other.
In our Provinces the people pay a high price
for their Government : but it is the sort of Gov-
ernment they wanted : and it is to be hoped that
they get the worth of their money. It is cheaper
in the long run than unsatisfactory (loverinnent
at a lower ligure.

A little consideration will show that the people
of the Dominion cannot be legislated for in the
same way as iive or six millions of people may
be in a thickly settled or confined district. There
is a strip of the broadest part of the Continent
extending from ocean to ocean. There are dif-
ferent modes of life among its inhai)itauts--in

2i>V) MitiinnJ lif (iorrrnnifnf in ('(iitmhi.

It '

1 •; ,

i ;

: 1

. i ^

! ■ ■

Nova Scotia, in Miiiiit()l)a, in Jiritisli Columbia —
each requiring' npocial local l('fi;islation ; ditTerent
customs, ra<-esau(l religions even in tlie twin Pro-
vinces of Ontario and (Juobec — (lilierrnt features
everv where.

The Provinces may he; governed l>y the ordin-
ary machinery of two Houses, hut n(»t governed
80 satisfactorily as at present. There has been
ample experience to shew this in th<' past history
of any two of tlK-m.

Thenumerous Legislatures that obtain amongst
us must, therefore, in view of these facts, be
regarded as tilings of necessity. The misfortune
is that vvti have not population to justify such an
array. It is some consolation, how'ever. that
when our i^rovinces :ind Territories number a
great many millions more than they do at
present, thii Constitution of 18(57 will have sup-
l)lied abundant machinery to govern them without
many additions to its provisions.

' ii*il

UHOfi

INDEX.

Act, B N. a., ntl'oot of, l.'J; partitiular.s of, and ;rovoni-
nii'iit uiulor, L';> ; |.o\vors of (Jovornor CJoiieral as sot
out in, :U\ -J jn-ovisions of, as to numhei' of Com-
moners, ■).') ; construction of, by Draper, C. J., .V,).

Act, Confederation — See B. N. A. Act.

Act, Constitutional, date and idlect of, •.» ; first pro-
ceedings in Upper Canada under, 10; importatico
and duration of, I I.

Act, Imperial, 1S4:"). — On the demise of the < 'rown, 40.

Act, Quebec, (iovornnient undei- the, S; date and ef-
fect of, S ; when I'cpealeij, '.».

Act, Riot, form of pnxdamation of, ISl'; penalty for
disol>eyiji<i; itroclamation of, 18.1.

Act, Union, date of, I •_' ; provinces united by and
government under, Jl'.

Acts of J'ailianient, whoso concurrence necessary to, 20:
by whom made, ll'.J.

Acts, Provincial, may be disallowed by whom and within
what time, 1*5.

Administration, what is, se(^ (jovernnient; by whom
conti'oUed and who may be meniljors of, 4.

Affairs, Indian, wIkj is sui)erintendenL of, U").

Affairs. Public, how task of ailininistering, divided S4.

Agriculttu'e, who may legislate on, '.12.

Agriculture, Dominion J)opartment of, who presides
over, ,91 ; subjects controlled and directed by, Ul ;
duties of, in relation to census, *.)'■',.

Agriculture, Provincial Deitartment of, who presides
over, 140; business of, 140 ; societies in connection
with, 140.

Agriculture, ^Minister of. by Avhom appointed, see Minis-
ter of .lustice ; duties and pijwers of, '.)\ ; powei's of.
may lie assigno<l, '.H : aimual report of, 'il; duties
of as to general statistics, 94.

Aim of work, I, 2.

Aliens, wlio are, 107 ; privileges and disabilities of, 108;
how, may become British subjects, lO'.t.

Attorney (iencu-al for Canada, by whom apjiointed, see
Minister of .Justice ; duties of, SO.

288

INDEX.

Vi '^

Attorney General for Ontario, duties and responsibili-
ties of, 140.

Attorneys, how admitted into Law Society, 198.

Audit, Board of, by whom appointed, S8 ; who comjiose
the, S8 ; powers and duties of, S9.

Auditor General, term of office of, H{) ; duties of, 89.

Attorneys, County Crown, liow appointed, 23J;j duties
oi','hi:

Bar, the, of Lower Canada, who comijose, 199: powers
and duties of, 199.

Bar, th'^, of Ontario, who may i)racticc at, 197; prece-
dence in, 1 98.

Barristers, profession of, 198.

Bills, Governor's i)0wer with reference to, l\H ; proceed-
ings after assented to, 33 ; may be disallowed, 33,
131 ; mode of proceeding with, 70; procedure on
amendments to, 71; public, private, 72 ; reserved
by Lieutenant Governor, how assented to, 130.

British Columbia, sketch of history of, ir>; number of
Senators representing, 44 ; number of Commoners
reju-esenting, ;")4 ; when admitted into Dominion,
1()1 ; how Legislature of comj^osed, IGI ; who com-
pose Executive in, 161.

Budget, how ibrmed, 118.

Cabinet, what is the, see Government; number compos
ing the, see Ministry ; where the, originates, 77.

Canada, when ceded by France to Great Britain, 7 ; by
what laws governed previous to cession, after, 7 :
Executive, Legislative and Judicial i)Owers of, 19:
Constitution of, see Constitution; what com{)rises,
L'3 ; form of Government in, 2) : division of sover-
eignty in, 29, 30; properties given to Ontario and
Quebec by, 110; position of provinces comprising,
119, 123; basis of re})rosentation in, I7().

Cana la. Province of, what was conijirised by tlie, 23.

Canada, Upper, when and where first Legislature f'oi-
held, 10.

Canals and Railways, Dei»artment of, see Hallways and
Canals.

Candidates, see Elections.

Cases, Criminal, procedure in, 210, 219 ; appeals in, 219.

Census, when to be taken, 93.

Cities, Towns an<l Villages, how incorporated, /90.

INDKX.

231)

Civil iService, who compose the, 84; by wljom depart-
meiit of, presided over, 8;3.

Colonies, how sovereign power divided in, 2'.).

Committee, procedure of House in, H).

Commons, House of, importance of the, 2t» ; remedy in
case of deadlock with Senate, 21 ; who summons
and dissolves the, .3.'] ; position of, 'hi • numl)er of
members in, 53 : when an<l how summoned, ter-n
of office of member of, (piorum in, vacancy in, now
filled, ")(■); powers and duties of Speaker of, (■.S: mode
of conducting business in, 09 ; who responsible for
dissolution of, 81.

Conviction, Summary, wliat is, how (juashed, L'J.;.

Constitution (of Canada , what is the, li ; by whom aj)-
proved, 3; when given, 9 ; what analagous to, IT:
object in framing, 20 ; powers under, to whom given,
21 ; basis of, 24 ; how known, how limited, 29, 31.

CJorporations, Municipal, rights of, 189 : how local affair-
of managed, 1 90 : who compose, 191.

Coroners, conservators of the peace, why so called
duties of, 227 ; how appointed, 22c ; conduct of
mvestigations l;efoi-e, 2;;o ; to whom returns of
mcxle, 231.

Council, Cabinet, what is the, 2S.

Council, Executive of Canada , responsibilities of 3;j

Council, Executive (of Ontario;, numbiM- comprishj-'
tf^e, 136 ; how members of, ai)pointed, I3(;; term o1
office of members of, bJ7 ; who choose the, 137.

Council, Privy, called Administration, whv so, 4 ; what
IS the, 2.S ; on whose consent or approval they must
count in governing, 2S; members of, bv whom sum-
monerl, and when removed, 32 ; aim of, 77 ; has no
Judjcial functions, 70 ; duties and responsibilities of
i-i,ii>; Administrative functions ol. 82; businesi

^ of, how conducted, 82 ; i)ractice of on State (,ues-
tions, 83.

Councillors. Privy (see <;omicil, iVivv) : who an-, 7ii:
who iiresules over, 73 ; nature of oath ■idniinisteied
to, /O.

Counsel, Queen's, who appoints, 41, 197; Earl Kimber-
ley s opinion on appointment of, 120 : i)rivile<'ev
of, 198, "

Court, the British <V)lonial. Appellate Jurisdiction of,
203 ; whocjmpose,202 ; sittings of, 203 ; proceedings
m a|.peals to, 2i».) j i)roceedings of on a])peal, 200.

240

INDKX.

Court, the I]xche<iuer, Jurisdiction of, 214 ; wlio preside
over, i)rocedure in, 1*1") ; place of sittings of, 21 o.

Court, the Supreme, how piai^tice and proceeeings o^
set out, St",, 212; Appellate Jurisdiction of, 208 5
wlien appeals lie to, 20'.) ; Jurisdiction of in JIabeas
' 'or[)Us cas(\s, 210 ; time and place of sitting of, 211;
wlio preside over, who may practice in, 21 J

Courts, (.'anadian, duties of compared with British Courts?
21, l'.>4 ; pow<'r of over statute, 21, l.'>2 ; no restraint
can be put on their judicial power, 21 ; may declare
Acts of Parliament voitl in certain cases, 21 ; duty
of, 132 ; Justice Story's o))inion on Courts, 132; who

makes reguhitions as to <ifficers of, I'.lT; 1

rom

amongst whom judges of selected, I'J'J.

(jrown, how j)Owers of derived, 28; demise of, 40; in
whom jtrerogatives of vested, see pi-erogatives ; po-
sition of on resignation of Ministry, 7') ; adminis-
trative statutory poweis of. how exercised, S** ;
how rei)resentiMl in Canada, .'>l ; wh.'it instructioxis
ot, usually contain, 42 ; how personal rights of, con-
veyed to (iovernors, 40 ; powers ol the, as first
estate in rarliament, 4.'5.

Crown Lands, who has control of, 00.

Custonts, l>cpartment of, busim-ss of the, who presides

over, lOo.

Customs, Minister of, duties of, lOiJ.

Debates, languages used in, antl how published, ()9.

Departments, list of, S4.

Demzens, who are, 172 ; privileges and disabilities of, 172.

Education, Department of, of what, consists, l.'O; who
presides over, ITjO ; duties and jxiwers of, I."jO.

Elections, division of Provinces into distiicts for, 12, 'A,
177; persons entitled to vote at, ."j4 ; whert; writs
for issued, 'j4 ; when returnable, .'),); who may
petition against imdue, .>,"> ; by whom undue, tried,
,'»."); what necessary before trial oi undue, .>.'>; may
l)e appealetl, Ti.").

Executi\e, wl'O is the, 77.

Finance, Department ol, business of the, 8'.>.
Finance, Minister of, how ai)pointed, 87 ; office and
duties of, n7 ; office and duties of De[iuty ol', S7. DO.
Fianchise, what is, 17i'i.
Free Ciant Lands, where, lie, I4'» ; who ih'als witli, 145.

\'i i-

i N n K X.

241

Functions, Judicial, by whom exercised, 4
Hind, the Consolidated Revenue, origin of, IJo; what
composes the, 115; how augmented, 117; charges

Government, what is the, 3 ; to whom entrusted, 3 ; the
hree functions of, 4 ; in whom reposed under
Quebec Act, 8 ; under Constitutional Act, 9: under
FlfiriK^-^' o5 I^^^^f «f «\"'»g. '-^ form^f, from
rnitZr^;./"' .^i^n-'-'-is; between Canadian and
I mted Stat_es, J7; pnnciples of, 18; for what
answerable, t4 : who may be a member of, 74 : when
harmony required from members of, 7fi

Crovernment, Administrative, what is, 74.

'Towar'ds^!^'''^'"'"'' "^ '^''"^'^^' ^''' «*^1'« t^ken
Government, Constitutional, see Government Respon-

Go::;:;;:;;:;;:;^::!^^!;^^^
"'dar^.^i2::?:;^iSr"'^'""^ ^^^^^^ ^^ «-•• ^---

Govemor General, functions and prerogatives of, 25, 33,
.0 : u,av reserve Hills for Queen's tssent, 27 ; effec
of re r - ng assent to a Bill passed by both Houses,
:llf.J "" appointeu, 31 ; term of office of, 31
fwl V'V'^Z? ^?'' '^"^^^« ""^ °»ay ^^e assigned, 31 ;

rescued JSill 3,> ; legislative power of, 34: mav

•emove certain judges 34 ; pow^r of as to SepaS

. nd d.ssentien schools 34 ; Acts relating to powers

Of, 3b, „9; when independent judgment of is

a corporation sole, 39; power of to assent to an AcJ
of the Legislature, 121 ; Chalmers' oi.inion on power
ot to assent to such Act, 122, 130 ; position and
authority of, 124; term of office of, 1 24 ;^p oceedings
before remova of, 1 25 ; to whom answerable" 1 25
prerogative rights of, 1 26 ; Sir John A. Macdonald's
o|.inion on appomtment of, 127; Hon. Mr. Four-
nier s opmion on powers of, 127 : Justice Gwynne'*
opinion on position of, 128. "wynne *

i«

i/»p„-r*rl

ilH

242

INDKX.

* •

Immigration, who may legisiate on. 92.
Indictment, what is an, 224.
Interior, Department of, who presides over, 106.
Interior, Minister of, powers and duties of, 106.

.Tudges, by whom appointed, 34 ; by whom removed, 6r>.

.Jurors may be challenged by accused, 218; may be
challenged by Crown, 219.

.Fury, Grand, who compose the, 217 ; duties of, 217.

.Justices of the Peace, how appointed, 220 ; who are ex
officio, 220; qualifications of, 221 ; duties of, 221,
226 j procedings before, 222 ; appeal lies from con-
viction of, 223 ; who advise the, 233.

Keewntin, District of, where situate, 166 ; who is Lieu-
tenant 'Governor of, 166; by whom Government in
administered, 166.

Ijaws, by whom enacted under Quebec Act, 8 ; under

Constitutional Act, 9; under Union Act, 12;

under Confederation Act, 24; presumably valid,

^ jiresumably void, 63 ; sources of, 1 92 ; who are

judges of unconstitutional, 195.

Law, Criminal, how procedure in directed, 216.
. Ijaw Society of Upper Canada, powers and duties ol'
Benchers of, 197.

Legislature, Provincial, laws enacted by, under Consti-
tutional Act, 10; powers and duties of, and whence
derived, 20, 57 ; who may alter, 20; may be dis-
solved, 20, 57 ; jurisdiction of, in certain matters,
64 ; former and present powers of, 1 20 ; the Crown
fonns no part of, 1 22.

Magistrates, Police, oflSce and appointment of, 226.

Manitoba, before annexed to Canada, 15 ; number of
Commoners representing, 54 ; number of Senators
representing, 44 ; when admitted into the Dominion,
159; how Legislature of composed, 159; how Ex-
ecutive Council of, composed, 159 ; provisions of
Act admitting, into Dominion, 160.

Marine and Fisheries, Department of, matters controlled
by the, 98.

Marine and Fisheries, Minister of, duties of, 98.

Messages, by whom conveyed between the Houses, 71.

Meetings, Public, how and by whom called, 181 ; notices
of, 182 ; how order preserved at, 182.

I N 1) E X.

248

Militia, Coramand-in-chief of, in whom vested and by
whom exercised, KM); of what consists, 100, 101 ;
how divided, 1(X) ; how districts of divided, 102;
school of, 102.

Militia, Active, how divided, 101.

Militia and Defence, Department of, who may appoint
officers of, 100; business of, 102.

Militia and Defence, Minister of, duties and responsibi-
lities of, 100.

Ministers, duties of, 74 ; salaries of, 84.

Minister of Justice, by whom appointed, «.") ; office of,
8") ; powers and duties of, 85, 80.

Minister, Prime, by whom chosen, 78.

Ministry, what is the, 3 ; number composing the, 74 ;
what gives rise to votes of confidence in, 77.

New Brunswick, Constitutional Government of, pievious
to Confederation, 13 ; number of Commoners repre-'
senting, 54 : powers of Legislature of, 157 ; mode
of appointing Governors in, 157 ; powers and func-
tions of Lieutenant-Governor of, 157; may appoint
certain Judges, 157 ; number composing Councils
of, 158.

North- West Territories, before annexed to Canada, 15;
what comprise the, 164 ; how Government in admin-
istered, 14.

Notaries, Public, business ami duties of, 199; how
appointed, 200 ; qualifications of, 2(K).

Nova Scotia, Constitutional Government of, previous to
Confederation, 1 3 ; number of Commoners repre-
senting, 54 ; powers of Legislature of, 1 57 ; mode of
appointing Governors in, 157 ; may appoint certain
Judges, 157 ; number composing Councils of, 158.

Oatii of Allegiance, form of, 17>); by whom may be
administered, 170.

Oath of Residence, form of, 170; who may administer, 1 70.

Ontario, number of Commoners representing, 54 ; num-
ber of Senators representing, 44 ; duties of Lieuten-
ant-Governor of, 134 ; division of for electoral
purposes, 134 ; number composing Executive Coun-
cil of, 136 ; how Departments divided in, 138 ; when
laws of England introduced into, 193.

Ontario, Legislature of, number composing, 1 34 ; persons
disqualified from bef^oming members of, 135 ; proce-
dure of, 138 ; time and place of convening, 138 :
quorum in, 138.

244

INDEX.

Pardon, Royal Prerogative of, in whom vested, 82.

Parliament, by whom created, 21 : powers of, 21, 57,
62-05 ; functions of, 2S, 2'.> ; action of on change of
Ministry, 29; first constitutional element of, 31 ;
with whom called to consult, 32 ; not dissolved l)y
death of Governor-General, 32 : effect of Imperial
authority on, 57 ; what acts of void, 57 ; how intro-
duced, 57 ; exclusive jurisdiction of, as conferred by
Confederation Act, 58 ; how and by whom opened,
()7 ; by what ruled, 77 ; who may resort to library of,
•)9 ; jurisdiction of in certain matters, 04 ; power of
on refusal of Crown to agree with it, 82.

Peers, order of, 50.

People, the, how the choice of may be recalled, S] •
rights of, 170, 181.

Petition, who may, 184.

Petitions, regulations as to, 184.

Politics, what are, 5.

Powers. Ultra Vires, what are. 03.

Powers, Executive, of the Queen, in whom vestetl, 23, 24.

Powers, Judicial, 21 ; of the Queen, 2, 18.

Powers, Legislative, of the Queen, 18 ; distribution of,
enumerated and reserved, 20 ; with whom the last
lie, 27.

Precedence, regulations as to, 173.

Prerogatives, Local, in England, 41; how extended to
Colonies, 41 ; Chalmers' opinions on, 41 : where
Common Law in reference to set out, 42.

Press, liberties of the, 186.

Prince Eilward Island, sketch of history of, 14 ; number
of Commoners representing, 54 ; when admitted
into Dominion, 102; how Legislature of composed,
102 ; who compose Executive Council of, 102 ; terms
of admittance of into the Dominion, 102.

Printer, the Queen's, how appointed, 90 ; term of office
of, antl duties of, 90.

Postmaster General, powers and duties of, 108.

Post Office Department, who presides over, 108 ; business
of, 109.

Provinces, reasons for uniting the, 1 ; number of Sena-
tors representing the Maritime, 44 ; how debts of
assumed by Canada, 116, 117.

Public Service, how expenses of paid, 115.

Public Works, Dominion, Department of, how divided,
111 ; who presides over, ill ; business of the Minis-
ter of, 113.

ioxam

INDEX.

24r>

Public Works, Provincial, Department of, who presides
over, 14.; by whom otticers of appointed, 147-
busmess ot, 148. ' '

Quebec, numJDer of Commoners representing, ^H : num-
ber o Senators, 44 ; of what the Legislature of
consists, 1;),:1; number composing the Legislativt

(council of, I.),:! ; qualifications of Senators for 1;V] •
quorum in Legislature of, 1,04; number oomilosing
Legislature of J54 ; what composes Executi "^
Co.iicil of, lo4; Legislative powers of, |;);-i- h,

oomjiosmg
tive

Judges selected, 105 : powers of Lieutenant Gover-

nor oi, 4o. .

^^'^'^Z^^rZ^^^'^i'l .^^I'-ytment of, business and duties

ot Minister ot, 111 ; duties of officers of. Hi,
Kegistrar General, see Secretary of State
Revenue, meaning of, 8S ; how collected, S.s
Revenue, Inland Department of, who presides over,

business ot, 104.
Revenue, Inland, Minister of, duties of. 1 (),-,.

Secretary, Provincial, Department of, business of the 1 4 1
Senate how created 24 ; compared with House of
Lords in England, 2G,;30; chief use of, 26; number
ot Members ot may be increased, 27, 49 : by whom
summoned when first api)ointed, 32 who appo n"
members of, 32 ; number of membei's of whenXs
summoned, 44 ; number at present, 4o ; who re
commends appointment of members of, 44 ■ Quali-
fications of members of, how summoned, 4^'; term
m .n f!i7 ^ Members of, 46 ; when and ^lierL sum-

48 what bills originate with, functions of, of whom
to have been composed, 48 ; object of, 4'J : votes of
on supplies, position of, as to Commons, .51. o'> •
rules, usages and forms of, 08. '

Senators, see Senate.
Schools, Separate and Dissentient. 34
Sherifi', who appoints the, 201 j term of office of. '^01
Sovereignty, how defined. 57. ' '

Speaker (of Commons),' who elects the, 56: term of
^ office of, Ob ; in case of absence of, 56

"'^^ dectid, Vsi^""" ^"S'^^^^"^-«>' t<^rm of office of, how

246

INDEX.

Ir I

■ II ■

r : I' ' ■

t t

'HI

i i

!■ .1

Speaker (of Senate), by whom appointed, 32 ; who may

remove the, qualifications of, 33.
State, Secretary of, powers and duties of, 95.
Statistics, Criminal, returns as to, 93.
Statistics, General, see Agriculture, Minister of.
Statutes cited — 17 Edward II., cap. 1.

14 Geo. III., cap. 83.

31 Geo. III., cap. 31.

3 & 4 Vict. (Imp.) cap. 35.

7 Vict. (Imp.) cap. 8.

17 & 18 Vict. (Imp ) cap. US.

28 & 29 Vict. (Imp.) cap. 83.

30 & 31 Vict. (Imp.) cap. 3.

33 Vict. (Imp ) cap. 14.

39 Vict. (Dom.) cap. 21.

40 Vict. (Dom.) cap. 6.
Subject, British, who is a, 1()7.

Subjects to be legislated on, within what jurisdiction
fall, 29; that fall within both jurisdictions, that
fall within neither, 29 ; upon which Provincial
Legislatures have exclusive power to legislate, HO.

Suffrage, Universal, what is, 176.

Supplies, by whom suggested, 72.

Terms used, definition of, 2, 5.

Titles, regulations as to, 173.

Treason, where law relating to is set out, 172.

Treasurer, Department of the Provincial, business of

the, 142.
Treasury, how money is paid out of the, 88.
Treasury Board, who compose the, 87 ; powers and

duties of the, 87.
Treaty of Paris, date and effect of, 7.

Vancouver Island, sketch of history of, 15.
Voters (Ontario), qualifications of, 178 ; person* di.squ»-
lified from being, 178.