John George Bourinot, How Canada is Governed (1909)

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Date: 1909
By:Bourinot, John George
Citation: John George Bourinot, How Canada is Governed (Toronto: The Copp, Clark Company, Ltd., 1909).
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HOW CANADA IS GOVERNED

A SHORT ACCOUNT
OF ITS

EXECUTIVE, LEGISLATIVE, JUDICIAL AND
MUNICIPAL INSTITUTIONS

WI’l‘l-1

AN HISTORICAL OUTLINE OF THEIII’ ORIGIN
AND DEVELOPMENT

WITH NUMEROUS ILLUSTRATIONS

SIR J. G. BQURINOT, K.C.M.G., LL.D., D.C.L.

CLERK ow -nu»: CANAD)./AN Hovsn mt Comxoxs, Amnmv. m? A }L\Nl’Ab o1rCoxs’n’ru1’xnx.u..
Hnsmm, I’_uuA.\\xzxr.uz\’ Pu.»\cm;n Axn Pkocvmmm Ix CANADA, Am)
omnm \Vokxs ox 1-mt Go\’xnx.\uaM Azcn CONSTITUTION
or ‘J’I)lI Dommos

5[.«YTI17 ]?I7f7‘[OIV
mmsxm Ax» )’.D\’!’liD my
ARNOLD VV. DUCLOS, B.A., B.C.L.

An\‘oc.«’m or rnnv. PROVINCE or Q1 FJSISG; on 01: THE‘ Assvsuwn Enrrons 0» ma
Qumuzc Orpxcm. LAW RI-:x>on’rs

TORONTO
THE COPY, CL.-\RI{ CO.\‘[I’.\X\’, IJMITE
1909

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“”‘3″(~v~t‘++- — >-

zlutbows Zbemcation

To my Manx; or mm‘ news,

DR. GEORGE STEWART
op QUEBEC

Jsoltows Zvebtcatton
SIXTI1 EDI ’I‘[0.’V
‘ E’SSl’l£0l‘l’U1:I.Y DISDICATED 70 THE 7-IMSIORY 0!
SIR JOHN GEORGE BOURINOT

I W’l10SE LIFE IIIVI) L/IBOUIIS IZRUZIGI/T
1101‘/OUR TO 111.5‘ C01/IVTRY

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1.1.1437:

SIR JOHN BOURINOT’S

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How CANADA IS GOVERNED. Ashort Account’ of its Executive,
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PREFATORY NOTE.

HIS little volume is intended to present such a succinct
review of the public institutions of Canada as will be
easily understood by all classes of her people. The ﬁrst duty
of citizens.in every country is to make themselves thoroughly
acquainted with the nature and operation of the system of
government under which they live. Without such :1 knowledge,
a man is very imperfectly equipped for the performance of the
serious responsibilities which devolve upon him in a country
where the people rule. No amount of so-called “practical
experience” can compensate a man for ignorance of the ele
mentary principles of political science, and of the origin,
development and methods of his o\vn government.

I have kept steadily in view the requirements of that great
mass of people, old and young, men and women, who have
few opportunities of obtaining special knowledge of institutions
of government. I have avoided all teclmical language wher~
ever it is possible, and in every case have explained such
words and phrases which, although in general use, are not
always understood even by those on whose lips they are most
frequent.

I have attempted to make this citizen’s manual as complete
as possible within the limited space at my disposal. I have

borne in mind the fact that a. Canadian is not merely a. citizen
v

vi PREFATORY NOTE.

of Canada,’and as such has duties and obligations to discharge
within the Dominion and Province, but that he is also a citizen
of the greatest and noblest empire that the world has ever seen.
Consequently one of the most important parts of this book
is devoted to a brief account of the onerous functions of the
sovereign, who, through her national councils, executive and
legislative, administers the affairs of Great Britain and Ireland,
and of her many colonies and dependencies. The third part
describes the nature and methods of the general .government
of the Dominion 3 the fourth part deals with the powers of the
several provincial authorities that compose the federal union,
and with the organization and procedure of the courts of law 5
the ﬁfth part outlines the working of the municipal system, in
which all classes of citizens should be so deeply interested;
‘the sixth part indicates the manner in which our public schools
are administered by the government and people in every pro-
vince; the seventh part brieﬂy explains the mode in which the
territorial districts of the Northwest are governed before they
have reached the dignity of provinces in the full possession of
responsible government. In the Appendix I give the text of
the constitution or British North America Act of I867, and
amending acts in full. At the end of each Part of the volume
I add references to such authorities as will be most useful to
those persons who wish to go thoroughly into the study of
institutions.

In closing the book I say a few words with respect to the
duties and responsibilities that devolve upon all classes of
Canadians as citizens of a selﬁgoveming country. These
words are very inadequate when we consider the wide scope

. .. .. .»…-4.a..—…—-at–

PREFATORY NOTE. vii

and importance of the subject, and all I can pretend to hope
is that they may serve to stimulate thoughtful men and women
-—especially those young nien just assuming the obligations of
citizenshipmto think deeply on the problems of government
which are every day presenting themselves for solution, and
perhaps encourage them in a desire to perform their full share
in the active affairs of at Dominion yet in the early stages of its

national lite.
I. G. BOURINOT.

OTTAWA : Qucerfs Birthday, 1895.

NOTE TO PRESENT EDITION.

In submitting to the public the present edition of “How Canada.
is Governed,” it does not seem necessary to add any elaborate
remarks to those given in the .’tuthor’s preface. The editor simply
desires to point out that this work was not intended by the author
for the use of professionztl men alone, but on the contrary was
particularly adapted for the information and education of the
general public, and the present edition has been prepared with
this in view.

The present edition covers the changes necessitated by the
establishment of the two new provinces; the changes in the
Civil Service, and the Military Government of Canada, the
establishrncnt of the “Royal Him,” and other matters of like
detail.

CON’I‘ENTS.

MAP OF THE POLITICAL DIVISIONS OF THE DOMINION OF CANADA.

FIRST PART.

GROWTH on THE CONSTITUTION.

CHAPTER. FAG”-
I.——Deﬁnitions of Words and Phrases used in this Book‘ 1
II.—-Political Growth of Canada . . . . . . .. . . . . . . . . . . . . . Io
lII.~——-V.—-Historical Outline . . . . . . . . . . . .. 13
35

SECOND PART.
IMPERIAL GOVERNMENT. ‘

I.-—-ExecutivePo\ver……. . . . 4 . . 45
II.——~Legisla.tive Power…. 55
III.—]udicial Power . , . . . . . . . . . . . .. 62
IV.—~lmperia1 Control over Canada. , . . . . . . . . . . . . . . . r . 64

Bibliographical Note ..
[ix]

CONTENTS.

THIRD PART.

THE DOMINION GOVERNMENT.

CHAPTER.
I.———Executive Power. .

II.——V.———Legislative Power .
VI.~—]udicia1 Power . . .
VII.—Revenue and Expenditure..
VIII.-—MiIitia and Defence . . . . . . .. .
Bibliographical Note…. . . . . .

FOURTH PART.

THE PROVINCIAL GOVERNMENTS.

I.—Executive Power .. . . . . . . . . . . . . . . . . , . . . . .. . .’ I45

II.—Legis1ative Power . . . . . . . . . . . . . . . . . . . . . . . . . , . . 155

III.—Matte1’s of Provincial Legislation . . . . . . . . . . . . . . . . I63

IV.—]udici:-11 Power . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . 17o

V.—VI.—~C0urts of Law. . . . . . . . . . . . 177

VII.-—Trial of Civil and Criminal Cases . . . . . .. . I97

VIII.¥—Provincial Revenues . . . . . . . . . . . . . . . . . . . . . . . . . . 211

Bibliographical Note. . . . . . . . . .

FIFTH PART.
MUNICIPAL GOVERNMENT IN THE PROVINCES.

I.—II.——Naturc of the Municipal Systems in the Provinces .. 219
Bibliographical Note . . . . . . . . 240

CONTENTS.

SIXTH PART.

SCHOOL GOVERNMENT IN TH1: PROVINCES.

CHAPTER. PAGE.
I.-——Public Schools in Ontario and Quebec. . .. . . . . . . . . . . . . 243
II,-—Public Schools in Nova Scotia, New B1’unswicl< and Prince Edward Island . . . . . . . . . . . . . . . . . . . . . . . .. 254 IlI.——Pnblic Schools in Manitoba and Biitisli Columbia . . . . .. 261 Bibliogmphical Note . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. 264 lV.~—Public Schools in Saskatcliexvan and Alberta . . . . . . . . . . 266 SEVENT H PA RT. GOVERNMENT IN THE i\vORTl-l\VF_S’1‘ TERRITORIES. l.—-Govemment . . . . . . . II.——Public Lands and Indian Bibliographical Note. . CONCLUSION. The Duties and Responsibilities of Canadian Citizens. . APPENDIX. The Constitution of the Dominion of Canada or the British North America Act, 1867, and Amending Acts . . . . . . . . . . 295 ANALYTICAL INDEX. LIST OF ILLUSTRATIONS AND AUTDGMPHS. L Autograph of Samuel Champlain. . . . . . . . . 2. Autograph of Governor»General Murray . . 15 3. Old Bishop’s Palace, Quebec, where First Parliament of Lower Canada met in 1792 . . . . . . . . . . . . . . . . .. I8 4. First Parliament Building, Toronto, 17964813 . . . . . . . . . 20 5. Autograph of Lord Durham. . . . 23 6. Nova Scotia Province Building … . . . . . . . . . . . 28 7. Prince Edward Island Province Building . , . . . . . . . . . . . . 30 8. Legislative Building of Newfoundland . . . . . . . .. 31 9. Autog’1’aphs of Delegates to Quebec Federal Conference of 1864 . . . . . . . . . . . . . . .. . . . . . . .36-37 10. The Royal Standard of Great Britain and Ireland . . . . . . 46 II. Westminster Palace . . . . . . . . . . . . . . 56 12. Autographs of Queen Victoria and Edward VII . . . . . . . .60-61 13. Autographs of Governors»General since I867 , . . . . . . . .. 75 14. The Great Seal of Canada. . . . . . 87 X5. Dominion Coat of Arms. . . . . . . . . 89 I6. RedEnsignofCanada…….. . . . . . . . . . . . .. 90 17. Flag of the Governor-General . . . . . . . . go :8. Parliament Building at Ottawa . . . . . . . . . . . . . . . . . . . . . . . 92 19. Interior of the Ottawa House of Commons . . . . . . . 96 20. Dominion Ballot Paper .. . . . . . . . . . . . . . . . . . . I03 21. Legislative Building of Ontario . . . . . . . . . . . . . . . . . . . . . . 146 2-2. Legislative Building of Quebec . . . . . . . . . . . . . . . . . . . . I50 23. Flag of Lieutenant—Governor of Ontario. . . 24. Provincial Arms . . . . . . . . . . 154 XIV LIST OF ILLUSTRATIONS AND AUTOGRAPHS. PAGE. :5. Manitoba Legislative Building. . . . . . . . … . . . . . . . . . . . .. 158 26. British Columbia Legislative Building . . , . . . . . . . ., ‘ . I62 27. New Brunswick Legislative Building…. . 166 :8. Osgoode Hall, Toronto . . . , . . . . , . . . . . . . . . . . . . . .. 186 29. City and County Buildings, Toronto . . . . . . . . . . . . . . . . 221 30. City Hall, Winnipeg . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 235 31. City Hall, Montreal . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . , .. 242 32. Upper Canada College, Toronto. 33, Entrance to Toronto University . . . . . . . . . . . . . , . . . . . . . . . 249 34. Harbord Street Collegiate Institute, Toronto . . . . . . . . . .. 256 35. Ryerson Public School, Hzunilton . . . . . . . . . . . . . . . . .. . 262 36. Government House, Regina . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 Diagrams of Land Sections in the Northwest. . . . . .28r-282 FIRST PART GROWTH OF THE CONSTITUTION CHAPTER YAGF, I.—DEI«‘lNI’l’IONS OF Wonns AND ?HRAsF.s usxm IN THIS Boo}; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 II.—PoLIT1cAL GROWTH or CANADA . . . 4 . . . . . . . . . . . . . .. xo III.—V.—HISTORICAL OUTLINE . . . . . . . . . .. 13 VI.-——F!.’.DERAL UNION . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 HOW CANADA IS GOVERNED CHAPTER 1. DEFINITIONS OF WORDS AND PI-IRASES USED IN TI-US BOOK. I. 1’/zrroz2’7¢ctz‘oIz.——2. Gawrm/zczzz‘.—3. Law of tile Lamz’.—¢. Ex- am/z’7/a, Legit/atz’w at/12! ]1zdiuzlzZ Pat:/zrs.——_5′. A1Zmz’m’strrz!z’o;z. ——6. Purim//zentT—7. Cozzclusimz. 1.—~Introduotion. IN the course of this book it will be necessary to use certain words and phrases which are constantly in the mouths of those who speak of the institutions of government in a country. Among these words. are “government,” “law,” “constitution,” “administration,” “parliament,” “executive power,” “ legislative power,” and “judicial power,” the meaning of which it is important to explain at the very commencement, so that the reader may thoroughly understand the subjects which this book professes to treat. It is always difﬁcult ~—i.udecd in some respects impossible——to give a short and exact deﬁnition of terms of government which cover so vast a ground of human experience as those in ques- tion, All that I shall attempt to do is to give such explanations as will sufﬁcc for the intelligent reading of a book which is not written for the scholar, or lawyer, or [1] 2 DEFINITIONS. professor, who has mastered these subjects, but for the student entering on the study of Canadian government and for that large body of people who are absorbed in the engrossing employments of life and have but few opphi’tunities for reading of this class. 2.—G-overnment. In every organized society or community of persons like the Dominion of Canada, there must be some machinery, or system of rules, by which the individual actions of the members composing that society, and their relations with one another can be regulated for the good of one and all. The machinery or system of rules which performs this all important work is called T/ze Guarant- meal, which, followed to its old Greek origin, means to steer the ship. To steer “the ship of state ”-—that is to say, of a nation or pcople—means to govern or direct its movements. The instrument of direction has, by the usage of centuries, come to signify “ the government.” The true object of this directing power is the security of life and property, the well—being and happiness of the whole community. The forms that government takes are‘ numerous. There is no more interesting study than that which traces the development of different stages of government ; from the earliest of all, the family, in which the parent rules, down to the composite forms which have grown up in the course of thousands of years to meet the varied conditions of modern society. It is sufﬁcient for our purpose to show that Canada affords the most remarkable example that the history of the world has off’ered—in fact it has had no parallel-—of the various forms of government that can and do exist in a com— GOVERNMENT. 3 munity which is still in a state of dependency—that is to say, still dependent in certain matters on the parent or imperial statc——and nevertheless exercises most extensive powers of self-government. In the first place, Canada is under a momzr;/Zzlal form of government, because at the head of her affairs and of the whole empire is a sovereign, not chosen from time to time by popular vote, but wear- ing the crown by legal right, and removed from all con» ditions of political conﬂict. In the second place, Canada is under a ﬁarlzkzzzzmzlzzry or rer/zozzsiéle form of govern- ment, because the sovereign or his representative in the Dominion does not exercise any power, legislative or executive, except through a legislature which makes the law, and an executive which is practically chosen by that legislature to carry out that law. In the third place, Canada is under a re;7rg.vm2‘rz/z’7/2 form of government, because the people—tl1at is to say, all British subjects living in Canada and having rights under the law- choose from time to time a certain number of men to legislate for them in parliaments or legislatures or rcpre~ scntative bodies. In the fourth place. Canada is under a federal form of government because she comprises within her territorial limits a number of provinces, or separate political communities, exercising distinct powers of government for provincial objects, and at the same time combining for general purposes for the promotion of the advantage of all those provinces. Each province has a local government, carried on according to prescribed forms. The whole of Canada has a federal or general government, conducted under prescribed forms. Nor are these the only forms of government of which we hear constantly. In every province there is a form of 4 DEFINITIONS. mmzz’cz’;>;z/’ government which provides for the comfort,
convenience and security of the inhabitants of cities,
towns, villages and other municipal divisions. All the
schools of a province, which are supported by provincial
moneys and municipal taxes, are also subject to a system
of well—considered rules or machinery of government.
Accordingly from the supreme government in England,
which administers or superintends the affairs of the
whole empire, down to the little village council in a
province, which imposes taxes and provides for the
general necessities of the citizens within its municipal
control, we see how many forms enter into the machinery
of the government of Canada.

3.—Law of the Land.

The principal duty of every government is to execute
or carry out T/ze /aw nj” t/ze lama’. In its general sense
the law is a collection of rules and orders, imposed by
an established and recognized authority for the conduct
of persons living in a political society or community.
The fact that there is a government or power behind this
lav/‘to enforce it, whenever necessary, is what really
gives it strength. The law maybe either written or
unwritten, and it is both in Canada. The law which
regulates the system of federal union, generally known
as the written constitution. or British North America
Act, is a written law or statute passed in I867 by the
supreme power of the empire, the parliament of Great
Britain and Ireland. In addition to that written
constitutional law, there are numerous constitutional
rules, usages, and understandings, which have the force
of law since they are accepted by common consent for

EXECUTIVE, LEGISLATIVE AND JUDICIAL POWERS. 5

the direction of parliamentary or responsible government;
which regulate the formation orresignation of a ministry,
for instance, as the writer shall explain fully hereafter (see
T/zim’ Part, c. 1, sec. 6). All the methods of government
which have been brieﬂy described above, monarchical,
parliamentary, representative, federal, are secured and
regulated by this elaborate system of written and
unwritten law and rules, which forms the consliiutiovz
of the Dominion—in other words, a body of principles
carzslilrzzed or established by the supreme authority of
the imperial state in accordance with the wishes of the
people of Canada. Then there is the statutory law of
the land, made up of the numerous statutes or legally
ordered acts‘* of the legislative bodies on the many
subjects under their control. Then there is that vast
body of rules and usages and judicial decisions which
have come to us from England and comprise the common
law of the country (see Faun‘/L Part). The system of law
which we possess is consequently very complicated and
the result of the experiences of many centuries. Both
England and France have contributed their experiences
to our system, and we have built on that foundation a
large body of rules adapted to the conditions of a new

country.
4.——Exeeutive, Legislative, and Judicial Powers.

The law regulates the division of the powers of govern-
ment into what are known as the e2;eczzz‘2‘oe, legit/tzz‘z’w,
and judidal departments. The execz¢lz’7/2 power carries

*Statute comes from the Latin word szalulm, meaning ordered,
established, set up.

6 ‘ DEFINITIONS.

out and enforces the law of the land by the machinery
which that law affords. From the governor-general in
council of the Dominion and the li<:utenant—governor
in council of every province——or the supreme executive
powers of Canada—down to the humble constable or
peace ofﬁcer executing a writ or order of a court, there
is a large body of public officers engaged every day in
enforcing the law of the land in accordance with the
rules and usages laid down for their direction in every
case. The Zegirlzzzit/2 power makes law and alters it in
Canada in accordance with the powers granted by the
constitution or fundamental law (see above p. 5). In
the Dominion there is a central legislative power or law-
making body called a parliament—-a name we derive
from England (see éelnw p. 7)—-—ancl in every province
there is also a legislature with law-making rights, as well
as municipal councils having‘ certain legislative powers
within their municipal divisions (see Fiﬁ/z Part). The
fuziz’cz2zZ power applies and gives a meaning to the law
whenever disputes come before the judges in due form.
This judicial power is represented by judges and courts
duly authorized to administer justice and explain the law
in such forms as the law has ordered.

5.—Administra.1:ion.

Another word which is sometimes used for “executive”
is cm’//zz’;zz’strzzlz’71e. The body of men who carry on the
government is often called the “ administration,” and with
some reason, since it is their duty to see that the duties of
their respective departments or branches of government
are carried out in accordance with law. For instance, it is
the duty of the minister of customs, and the collectors at

PARLIAMENT. 7

every port of Canada, to administer the law passed by
parliament for the regulation and collection of duties of
customs on goods coming into Canada from other
countries. It is the duty of the minister of public works,
and of the engineers, architects and clerks under his
control, to look after the construction, repairs and main-
tenance of public buildings, like post ofﬁces and custom
houses, and administer the affairs of the department
generally. It is the duty of the commissioner of crown
lands in a province to carry out the regulations for the
sale of public lands and the licensing of “ timber limits,”
and to administer all the functions devolving upon his
department by law. It is the duty of the warden, mayor
or other head of a municipal council to see that the
affairs of his municipal division are administered in
accordance with the general municipal law and the special
statutes or hy—laws (see Fifth Peri) governing municipal
divisions. A public ofﬁcial, in administering the law,
acts of course on his own motion, in accordance with its
rules; a judge, in administering the law, does not act
until he is called upon to do so by a case or proceeding‘
which comes before him in his court in such form as the
law directs.

6. —Parliament.

The name of that great legislative body which has
performed so remarkable a part in the history of England,
and given a designation to the principal law—mal of Canada, is said by one of the highest authorities,
Professor Freeman, to be simply the Norman French
translation of an old phrase which goes back to the time
of William the Conqueror. That king is said in an old

8 DEFINITIONS.

English record or chronicle to have had “very deep
speech” —pm»lement—with his national, or common
council (in Latin, cm/zmzme ca7zcz’1z’z¢m). This deep speech,
or pazrlemem‘ was “consequently a distinguishing fea-
ture of a meeting between king and people, and in
the end it gave its name to the assembly.” which has, in
the course of time, assumed the somewhat changed form
of jbzzrlziwmzz‘ (in low Latin pm*[z’a7;zem‘um). The name
of the House of Commons——that body where political
power now mainly rests—cloes not at all mean that the
great mass of the people of England, “the commonalty,”
was ever represented in the early national assemblies.
On the contrary, the word “commons ” was restricted in
meaning to a small and special representation of knights
of shires or counties, and of burgesses or citizens of a
few towns or boroughs, and cities, whose local bodies—
called commzmz’z‘:n‘2s in legal Latin documents, because
their members had certain privileges in common-
elected the representatives in question. Gradually the
term “commons” came, as a matter of convenience, to
mean those classes of the people who were not lords of
parliament, and were not summoned to the upper
house, but could be elected to the lower or commons
branch. Even the sons of lords of parliament became
commoners—identiﬁecl with the mass of people. In this
way, there grew up two houses of parliament: one
representing the classes or estates called “lords spiritual

and ternporal,”—peers, archbishops and bishops,—~—anrl the

other, that estate which takes in so many people and is
now called the Commons of Great Britain and Ireland.
In Canada there has never been such distinctions of
“estates” or classes. The legislative councils of the

PARLIAMENT. 9

provinces, and the present senate of the Dominion, or
upper houses of our parliaments, differ from the lower or
commons’ houses of Canada only in consequence of their
appointment by the governors, representing the king,
and of their not being elected by the people who have a
right to vote for representatives. Under the laws that
now prevail throughout Canada for the qualiﬁcation of
voters, all classes and interests can be represented in our
legislative bodies. In fact, the representation of the
commons or the people is far more liberal than that in
the parent state, despite the great advances that have
been made in this direction during the last seventy
years——-the period of the reform of the English parlia-
ment.

‘7.—Conelusion.

However imperfect the foregoing explanations may be,
it will be well for my reader to bear them in mind and to
refer to them whilst studying this short review of the
governmental institutions of Canada. Other words and
phrases that apply to the details of government will be
more conveniently explained according as each branch
of the general subject comes up in its proper place.

CHAPTER II.
POLITICAL cnowrn or cANAm.*

1‘. Yﬂe D0;/zz’7zz’o2z of Carzazima-2, Plan af z’/12 12370/2‘.—-3. Pinion’:
of I’aZz’1.‘z’mZ .DemIZ0ﬂ¢;ze7z2‘.

1.-The Dominion of Canada.

The Dominion of Canada forms one of the most im-
portant dependencics of the most remarkable empire
known to the history of the world. It is properly called
a dependency because its government, though complete
within itself, is necessarily dependent on and subordinate
to the supreme authority of Great Britain, whose king
and parliament preside over the whole empire. This
Dominion comprises at the present time the provinces of
Prince Edward Island, New Brunswick, Nova Scotia,
Quebec, Ontario, Manitoba, British Columbia, Alberta
and Saskatchewan as well as a vast area. of te’rri-
tory in the Northwest, including the Northwest
Territories and the Yukon. These provinces and
territories are closely connected by a political system
called afederzzl mzz’a7I, to which, as a whole, has been
given the name of a 1)omz‘7zz’o/z from the fact that it
forms a part of the dominions or dependencies sub«
ject to the government of the king and parliament
of England. It had, according to Census of 1901, a
population of 5,37I,3I5, of whom 2,I82,942 live in
the English province of Ontario, formerly known as
Upper Canada; 1,648,898 in the French province of

* The word Camuia is a memorial of the time when the French discoverer,
Jacques Cartier, found that the Indian inhabitants on the banks of the St.
Lawrence called their villages ifntmmlzz, or a collection of huts.

[I0]

PLAN OF THIS VVORK. II

Quebec, formerly known as Lower Canada; 893,953 in.

the maritime provinces of Prince Edward Island, New
Brunswick and Nova Scotia; 254,947 in the province of
Manitoba; 177,272 in the province of British Columbia,
and 291,654 in the Northwest Territories. In the
province of Quebec there is a. French population of
1,33r,Io1. In the maritime provinces there is also a
French population of 138,776 souls; in Ontario, of
162,647; and in the Northwest and British Columbia,
of 44,515. The remaining and larger population of
Canada is almost entirely of English, Scotch or Irish
origin. Of the whole population of Canada, over two
millions of souls are Roman Catholics, of whom two-
thirds live in the province of Quebec. Over three
millions are Protestantsﬁt

2.—P1an of this Book.

‘I propose to Show the nature of the government of
this federal union of provinces; in other words, the
nature of the political machinery which regulates that
political society or community of people, who live in
these several provinces and territories. My object is
simply to give such a concise and impartial account of
the nature and working of the executive, legislative and
Judicial machinery of government as will be easily under-
5t°°d bl’ l-‘he whole community, old and young, men and
lvorrlen, and at the same time show them all that the
Institutions of Canada are calculated to render the
PEOPIE; irrespective of race or religion; happy and
Prosperous as long as those institutions are worked out,
fL°_”e5‘5lY and wisely by those who have been chosen by

,. .
‘gm °1‘eeﬁIfilI§I details, .sho\vxn_q”’\\ ester-n Increases of Population since
; S (.-12‘I1l(iltII] Alm:ma<:, 1909, and “ Canrula Yam. Book.»

I 2 POLITICAL GROWTH.

the people for the administration or management of
public affairs throughout this self-governing dependency
of the empire.

3.—Pe1-iods of Political Development.

It is necessary that I should at the outset brieﬂy trace
the most important steps in the political development of
the several provinces comprised in the present Dominion,
so that every one may the more clearly understand the
origin and nature of the system of government which
Canadians now possess.

I shall ﬁrst refer to the political history of the large
country generally known as Canada until 1867, and now
divided into the two provinces of Quebec and Ontario.
So far there have been four complete Periods in the
political history of those provinces :

1. The Period of French rule, from 1608 to I 759-60
or the Period of absolute government.
2. The Period from I 760 to I79[, when representative
and legislative institutions were established.
3. The Period from 1791 to I840, when representative
institutions were slowly developing into respon-
sible or complete local selﬂgovernment.

4. The Period from 1840 to 1867, during which”

responsible government was established in the
fullest sense of the phrase, and the federal
union was ﬁnally accomplished as the natural
result of the extended liberties of the people.
Since 1867 Canada has entered on the -Fifth Period of
her political history as a federation, the nature of whose
institutions of government will be explained in the chap-
ters following the historical review.

CHAPTER III.
I-HSTORICAL OUTLINE.

1., Fran:/L rule, 160 nances (see Swmth Part).

—v.¢…._.. W

ENGLISH RULE. I7

Canadians or Roman Catholic population on the same
footing as English Canadians or Protestants, conﬁrmed
their right to full freedom of worship, allowed the
church as a body to retain their valuable property, and
restored the French civil law with respect to property
and individual rights. The criminal law of England was,
however, to prevail throughout the province. In the
legislative council both English and French were used,
and the ordinances were drawn up in the same languages.
The governorvgeneral was assisted in the Work of
government by an advisory body of ﬁve pers0ns——chieﬂy
members of the legislative council—~who were chosen by
himself and called a privy council, in imitation of the
council that so long surrounded the English king. (See
Second Part, c. 1, sec. 3‘)

mu“…

.* ‘E
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h\‘~‘:. \ “l\~\“. \\\§\
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\

I13}

Om B\sIIOP’s PAIAL1, Qui-nu., \\m-.1<1. IIRSI 1’ARLIAME1\”l or Ioxwn CANADA Mr-r 1\’ I792

CHAPTER IV.
HISTORXCAL 0U’l‘LINE—CwLtz’m4ezz’.
3, ]’mmz’gwzlz‘m af I/m’re(Z E2/1_/lire Lo_ytzZz’.rix.—4. Zfzgzbremzlatztz/e

In:/z’/1;/z’wI: 2’2; Upper amt’ /Lower. Clzzzzzzlzz, 17924840.-
5. 1’2rz’od of ]i’c:_pwzJz’&le Ga:/er/1/m:/12‘, 1’&4o—1<S’67. 8.—Immigra1:ion of the U. E. Loyalists. While the Quebec Act continued in force, there was a very important immigration into British North America of some forty thousand persons known as United Empire Loyalists—that is to say, men loyal toljritish Connection-— who decided to leave the old English Thirteen Colonies ( now a portion of the United States), when they declared themselves independent of England. These men laid the foundations of the provinces now known as New Bruns- wick and Ontario, settled :2. considerable portion of Nova Scotia, and exercised a large influence on the development of representative institutions in their new homes. 4;.—Rep1‘esentative Institutions in Upper and Lower Canada, 1792-1840. The Quebec Act lasted from 1774. to I79I, when the English government again interfered in the affairs of the provinces. By this time there was a rapidly increasing English population in the western parts of the country, and difficulties were constantly arising between English and French Canadians on account of the legal [I9] 20 HISTORICAL OUTLINE. system not being made suﬁicicntly clear. The British government considered it the \visest policy to form two separate provinces, in which the two races could work out their own future, as far as practicable, apart from each other. By the “Constitutional Act,” passed by the imperial parliament in I 79:, the people were represented for the first time in an assembly elected by themselves. The act provided for a governoizgeneral in Lower Canada and a lieutenant—governor in Upper Canada, both appointed by the sovereign. In each province there was an executive or advisory body, chosen by the governor of the province; a legislative council chosen in the same way, and an assembly elected by the people in certain districts on a restricted franchise. Members of both houses had to hold property to a ﬁxed amount or lose their seats. I .1,» Fmsr PARl.IAMIZXT BUILDl.\‘GS, Tonorrro, 1796-1813. The great object of the act was to give to both Upper and Lower Canada a constitution resembling that of England as far as the circumstances of the country could permit. After an experience of some years, however, it was clear that the constitution of 1791, though giving CONSTITUTIONAL ACT OF I791. 21 many privileges, had one source of weakness since it professed to be an imitation of the English system, but failed in that all—important principle which the experi- ence of England has proved to be necessary for the satisfactory working of the several branches of govern- ment; that is to say, the principle which requires the advisers or ministers of the head of the executive-—in other words, of the queen in England, and of a governor- general or lieutenant-governor in Canada—to be chosen from the political body that has a majority of the people’s representatives in the elected assembly, and to be responsible at once to the king, or governor-general, or lieutenant-governor, and to the peoples assembly, for the work of administration and legislation. The English Canadians in Upper Canada eventually understood and pressed for the adoption ofthis principle, but the French Canadian popular leaders appeared to consider the radi- cal remedy was the election of the appointed legislative council which was generally in French or Lower Canada in conflict with the elected assembly. For some years, previous to I 840, when a new constitu- tion was givcn to the two Canadas, there was a “war of races” in Lower or French Canada, where the French and elected element predominated in the assembly, and the English and official or ruling element in the legisla- tive council. The executive government and legislative council, both nominated by the crown, were virtually the same body in those days. The ruling spirits in the one were the ruling spirits in the other. In this contest of race, religion and politics, the passions of men became bitterly inflamed and an impartial historian must depre- cate the mistakes and faults that were committed on 22 HISTORICAL OUTLINE. both sides. But looking at the record from a purely constitutional point, it must be admitted that the majority in the assembly were right in contending for the control of the public expenditures in accordance with the principles of English parliamentary government. The voting of money is essentially the privilege of a people’s house, though no measure can become law with- out the consent of the upper house, which may reject, but cannot change, a taxation or money bill. Another grievance was the sitting of judges in both houses. It was not until the assembly deluged the imperial parlia- ment with addresses on the subject, that this grievous defect disappeared from the political system. In Upper Canada the political ditﬁculties never assumed so serious an aspect as in the French Canadian section. N 0 difference of race could arise in the western province, and the question of money and expenditure gradually arranged itself more satisfactorily than in Lower Canada, but nevertheless the people at large had their grievances. An official class, called sarcasti- cally “a family compact,” held within its control practi« cally the government of the province. The “clergy reserves question,” which grew out of the grant to the Protestant Church of Canada of large tracts of land by the Constitutional Act of 1791, was long a burning question in the contest’ of parties. The Church of England and the Church of Scotland alone derived advantages from this valuable source of revenue. In those times of popular agitation, the great danger arose from the hostility of the two races in the political field as well as in their social and public relations. At last, the political difﬁculties in French Canada ended POLITICAL CONFLICTS, 1792-1840. 23 in the rebellion of 1837-38, led by Louis Joseph Papineau, and VVo1fred Nelson, the leaders of the popular party. This insurrection never extended over any large section of the French province, but was very soon repressed by the vigorous measures taken by the civil and military authorities. In Upper Canada, the popular leader, William Lyon Mackenzie, attempted to excite a rising of the people against the government, but it never made any headway, and he was obliged to ﬁnd refuge in the states of the American federal republic. The result was the suspension of the representative constitu- tion given to Lower Canada by the act of 1791, and the government of the province from 1838 to 1840 by a governongeneral and a special council appointed by himself. The most important fact of this time, on account of its inﬂuence on later constitutional changes, was the mission of Lord Durham, a distinguished English ,9/’t,¢,.4.., statesman, who was autliorized by the imperial govern- ment to inquire into the state of the country as governor- general and high commissioner with large powers. Few state papers in English history have had greater inﬂuence on the political development of the colonies than the report which was the result of his judicial survey of the political condition of all the provinces of British North America. On no point did he dwell more strongly than on the necessity that existed for entrusting the government to the hands of those in whom the representative body, or people’s house, had 24 HISTORICAL OUTLINE. conﬁdence. The ﬁnal issue of the inquiries made by the imperial government into-the affairs of the country was the passage of another act in the English parliament providing for a very important constitutional change in Canada. 5-—Period of Responsible Government in Canada, 184:0-1867. The act of 1840, which reunited the provinces of Upper and Lower Canada under one government, was the commencement of that Fourth Period of political development which lasted until 1867. The French Canadians looked upon the act at first with much suspicion. The fact that the French language was no longer placed on the same footing as English, in official documents and parliamentary proceedings, together with the fact that Upper Canada had the same representation as Lower Canada in the assembly, despite the larger population of the latter section at the time of union, was considered an injustice to the French Canadians, against which they did not fail to remonstrate for years. But so far from the act of 1840, which united the Canadas, acting‘ unfavourably to the French Canadian people, it gave them eventually a predominance in the councils of the country and prepared the way for the larger constitution of I867 which has handed over to them the control of their own province. French soon became the official language by an amendment of the union act, and the clause providing for equality of representation proved asecurity to French Canada when the upper province increased more largely in population than the French Canadian section. The act of 1840 was framed on the RESPONSIBLE GOVERNMENT. 25 principle of giving larger political privileges to the Canadians and was accompanied by instructions to the governor-—general, Mr. Poulett Thomson, afterwards Lord Sydcnham, which laid the foundation of responsible government. It took several years to give full effect to the leading principles of parliamentary government, and it was not until the arrival in 1847 of Lord Elgin, one of the ablest governorsgeneral Canada has ever had, that the people enjoyed in its completeness that system of the responsibility of the cabinet to parliament without which our constitution would be unworkable. .The Canadian legislature was given full control of taxation, supply and expenditure in accordance with English constitutional principles. The clergy reserves diﬂiculty was settled and the lands sold for public or municipal purposes, the interest of existing rectors and incumbents being guarded. The great land question of Canada, the seigniorial tenure of Lower Canada, was disposed of by buying off the claims of the seigniors, and the people of Lower Canada were freed from exactions which had become not so much onerous as vexatious, and were placed on the free footing of settlers in all the English communities of America Municipal institutions of a liberal nature, especially in the province of Ontario, were established and the people of the two provinces enabled to have that control over their local affairs in the counties, townships, cities and parishes, which is necessary to carry out public works indispensable to the comfort, health and Convenience of the community, and to supplement the efforts made by the legislature, from time to time, to provide for the general education of the country. The civil service, which necessarily plays so 26 HISTORICAL OUTLINE. important a part in the administration of government, was placed on a permanent basis. The legislative union did its work until the political conditions of Canada again demanded another radical change in keeping with the material and political development of the country, and capable of removing the difficulties that had arisen in the operation of the act of I840. The claims of Upper Canada to larger represent- ation—«equal to its increased population since I840, owing to the great immigration which naturally sought a rich and fertile province———were steadily resisted by the French Canadians as an undue interference with the security guaranteed to them under the act. This resistance gave rise to great irritation in Upper Canada where a powerful party made representation by population their platform, and government at last became practically impossible on account of the close political divisions for years in the assembly. The time had come for the accomplishment of a great change foreshadowed by Lord Durham, Chief Justice Sewell of Quebec, Mr. I-Iowe of Nova Scotia, Sir Alexander Galt of Canada, and other public men: Z/ze mzian of Z/22 ;>row’7z:es of British Nari/z A7/zerzkzz.

But before I proceed to refer to the results of the
convention of British American statesmen that met at
Quebec in 1864, and framed a system of federal union,
it is necessary that I should first refer to the progress of
popular government in the maritime provinces, so that
this historical sketch may be made complete until 1867.

CHAPTER V.
X-IISTORICAL OUTLINE— Camhtakd.

6.~—/7la7’z’!z’ma 1’rn7/z‘7/ms: NM/zz .S‘ca2’z’a, JVMU Ifrmzm/2’:/’5, P. E.
fxlwm’, cum’ Cape Brelazz, I714—IcS’67.———7. Newfoundland.

6.»-Maritime Provinces, 1714-1867.

Nova. Scotia, New Brunswick, and Prince Edward
Island were formerly portions of the French domain in
America. John Cabot, a Venetian in the employ of
Henry VII. of England, appears to have discovered
Cape Breton and Nova Scotia in 14.97 and 1498, but the
French were the first to make a settlement in I605 on
the banks of the Annapolis Basin. Nova Scotia, New
Brunswick and a considerable part of Maine were in
the days of French rule known as Acadie,* an Indian
name. The present maritime provinces became the
possession of England by the treaties of Utrecht (1713)
and of Paris (I763). None of these provinces were
ever given written constitutions by the parliament of
Great Britain, as was the case with old Canada; but to
all intents and purposes they enjoyed, previous to 1867,
as complete a system of self-government as that large
province. Their constitutions must be sought in the
commissions of the lieutenant-governors, despatches of

* A/hid: means a place, and was always used in connection with another
Indian word showing some feature of the locality. Thus Auagwikade is
White Place or Point.

[271

28 HISTORICAL OU TLINE.

the colonial secretary of state, imperial statutes, and
various ofﬁcial documents, which granted in the course of
time a legislative system and responsible government.

In Nova. Scotia, from 1713 to 1758, the provincial
government consisted of a governor or lieutenant-
governor and a council possessing both legislative and
executive powers. A legislative assembly sat for the
first time at Halifax on the 2nd October, I 758, or thirty-
four years before representative assemblies met at New-
ark (now Niagara), the capital of Upper Canada for
several years, and at Quebec, the capital of Lower
Canada.

NOVA Scorn Pkovmcn BUILDING.

New Brunswick, founded by Loyalists, was separated
from Nova Scotia, and created a distinct province in I 784.
Its first government consisted of a lieutenant-governor,

MARITIME PROVINCES. 29

and a council having both legislative and executive
functions, and an assembly elected by the people.

At the time of the outbreaks in Upper and Lower
Canada, 1837-8, there was still a considerable amount of
dissatisfaction in the maritime provinces, arising from the
existence of an irresponsible council exercising execu-
tive, legislative and even judicial powers, the constant
interference of the imperial government in purely local
matters, and the abuse of the powers of the representa-
tive and executive bodies; but if there was in those
sections less discontent and less obstruction to the
regular course of government, it was because in them
there was a nearer approach to sound constitutional
practice. In New Brunswick especially, the political
controversies that had been extremely bitter between
the executive and legislative authorities were, to a great
extent, ended by the grant of all the revenues to the
assembly. Before 1840 the legislative council in the two
provinces was no longer allowed to exercise both execu-
tive and judicial functions. By 1848 the principles of
responsible government were formally carried out as in
the province of Canada.

The island of Cape Breton, known also as Isle Raye/c in
French Canadian history, was not ceded to England
until 1763. It was under the government of Nova
Scotia from 1763 to I 784 when it was given a separate
government consisting of a lieutenant—governor and
council having very limited legislative as well as execu-
tive functions. This constitution remained in force until
the reannexation of the island in 1820 to Nova Scotia of
which it still forms a pan;

30 HISTORICAL OUTLINE.

The island of Prince Edward, formerly known as St.
John, formed a part of Nova Scotia until 1769, when it
was created a separate province, with a government con-
sisting of a lieutenant-governor and a combined execu-

~ tive and legislative council. In 1773 an assembly was

elected. Some of the lieutenant-governors were for
years, in the early history of the island, in constant con—
ﬂict with the assembly, and during one administration
the island was practically without representative govern-

”/Z7//////4»

,g. ,,,_.i

PRINCE EDWARD ISLAM) l’kovl.\c1: BUILDING.

ment for ten years. The political situation was made
much worse by the fatal mistake at the very commence-
ment of its history, of handing over all the public lands
———in fact the whole island——to a few absentee proprietors,
and it was not until the admission of the province into
the confederation that this burning question was satis~
factorily settled by the purchase of the claims of the

NEWFOUNDLAND. 3 I

landlords. Responsible government was not actually
carried out until 1850-51, when the assembly obtained
full control, like the other provinces, of its public
revenues, and was allowed to manage its purely local
affairs.

7.——NeWfouuolla.nd.

The great island of Newfoundland, which stands at
the very gateway of the Dominion of Canada, became 21
possession of England by virtue of the discoveries of
John Cabot in 1497, and of Sir Humphrey Gilbert in

LEGISLATIVJ.-. BblLDI\G 01″ N1‘.\\ l”0Ll\I)I.A\D.

1583—the latter having formally received permission to
assert English jurisdiction over the island. For very
many years the island was only a resort for the ﬁsher-

32 HISTORICAL OUTLINE.
men of all nations and the scene of conflict between
France and England. In 1713 the island was ﬁnally
ceded to England, and English ﬁshermen commenced to
form settlements around its shores. Until 1832 the
system of government was most arbitrary, and a few
wealthy merchants in England and their agents in the
colony practically controlled affairs. In that year
representative institutions were allowed the people, and
the government consisted of a lieutenant—govcrnor
assisted by an appointed council, with both legislative and
executive functions, and an elected assembly. In 1854
responsible government was conceded. The government
is placed in the hands of a licutenant—governor appointed
by the king; of an executive or advisory council of
nine ministers; of a legislative council of ﬁfteen
members, appointed by the gOVCl‘I101‘-ll’)-COLlllCll ; of an
assembly of thirty—six members, elected every four years
by manhood suffrage by ballot. While the province
is a colonial possession of England, France by virtue
of the Treaty of Utrecht (I7x3), of Paris (1763), of
Versailles (1783), and of Paris again (1815), enjoys
certain ﬁshery rights on awide extent of the western
and north-easterly coast, which have always prevented
immigration and created difﬁculties which must be
settled by the entire removal of those concessions if the
province is ever to form a contented and prosperous
portion of the Dominion of Canada.

CHAPTER VI.

FEDERAL UNION.

1. Szmwzmy of 1’oZz’tz’LzzZ 1l’zgrﬂ2‘:.——2, Federal U7zz’o7z, 1867.-
3. Ad:/1z’mz‘a22 of Z>’rz’lz’.v/z C012/7;z&z’ar——4. A£yz¢z’:z’z’z’o7z of [/22
Nor//zwmi ]‘c7’2’z‘2’o7’/ks.–15. 7‘/27:2 Zmrz’z’7zgpn3z£2′;iZe: afFcz2’eraZ
Um’rm.-6. IIMU Czzzzczda 2’5 Gowrzzm’,- .Dz’7/z’xz’o7z afAm’/zarz’tz’43
of Gm/m’;z711_c;zt.

1.—Summary of Political Rights, 1867.

As the previous pages show, when it was decided in
1864 to have a meeting of representatives of the British
North American provinces to consider the feasibility of
a union, all these countries were in possession of a
complete system of local sclf-government, consisting of
a g0ve1’n01’vgenc1‘al in Canada, and a lieutenant—governor
in each of the other provinces ; of an executive or advisory
council, appointed by the governor~general,or lieutenant-
governor, and dependent on the support of the majority
in the elected assembly; of a legislative council, ap-
pointed by the lieutenant~governor, with the advice of
his council, in Nova Scotia and New Brunswick, but
elective in Canada and Prince Edward Island; and of
an assembly, elected by the people.

As we look back over the century that had passed
between the Treaty of Paris, which ceded Canada to
England in 1763, and the Quebec convention of 1864,
we can see that the struggles of the statesmen and
people of British North America had won from England

3 [33]

34 FEDERAL UNION.

for all the provinces the concession of the following
principles, which lie at the foundation of our whole politi-
cal structure :

I. The establishment at an early period of Canadian
history, of the principle of religious toleration
and equality of sects.

2. The guarantees given to the French Canadians
for the preservation of their law and language.

3. The adoption of the English criminal law in the
French as well as the English provinces.

4. The establishment of representative institutions
in every province.

5. The independence of the judiciary and its com-
plcte isolation from political inﬂuences and
conflicts.

6. Complete provincial control over all local reven-
ues and expenditures through the people’s
assembly.

7. The right of Canadian legislatures to manage
their purely local affairs without imperial
inter-fe1’ence,

8. The establishment of municipal institutions, and
the consequent increase of public spirit in all
the local divisions of the old provinces of
Upper and Lower Canada.

9. The adoption of the English principle of respon-
sibility to the legislative assembly, under which
a ministry or executive council can only hold
ofﬁce while its members have seats in that
body and possess the conﬁdence of a majority
of the people’s elected representatives.

FEDERAL UNION, 1867. 35

2.-Federal Union, 1867.

Having had many years’ experience of local self—gov—
ernment, having shown their ability to govern themselves,
having recognized the necessity for a union which would
give them greater strength within the Empire, and afford
larger facilities for commercial relations between each
other, and with the rest of the world, the governments
of the several provinces, whose constitutional history we
have brieﬂy reviewed, united with the leaders of the
opposition in tlie different legislative bodies, with the
object of carrying out this great measure. A convention
of thirty~tl1ree representative men was held in the autumn
of 1864 in the historic city of Quebec, and after a
deliberation of several weeks the result was the unani-
mous adoption of a set of seventy-two resolutions
embodying the terms on which the provinces through their
delegates agreed to a federal union. These resolutions
had to be laid before the various legislatures and adopted
in the shape of addresses to the queen whose sanction
was necessary to embody the wishes of the provinces in
an imperial statute.

In the early part of I867 the imperial parliament,
without a division, passed the statute known as the
“ British North America Act, 1867,” which united in the
first instance the province of Canada, now divided into
Ontario and Quebec, with Nova Scotia and New
Brunswick, and mazle provisions for the coming in of the
other provinces of Prince Edward Island, Newfoundland,
British Columbia, and the admission of Rupert’s Land
and the great Northwest.

Zr»./ﬂmw»./M»/5 . .747. 32,7 _/[6540

/5,34- ﬂew»? . .,~;2M.,

/Q//ﬂrvwr a/«a;a?:f7..za
( /wwwiémwémma
«/%éa«wfoZ°¢51’; a~»-~x~«¢<—-

mum §ée§&’\m.
ﬂaw Z/«W» ./may

*The delegates to the Quebec conference, whose autographs I give
above, held the following positions in their respective provin<:es:—

Cavzada: Hon. Sir Etienne P. Taché, M.L.C., premier; Hon. John A.
Macclenalll, M.P.l’., attiiriiey-general of Upper Canada; Hon. George
Etienne Cartier, M. l’.P., attorney-general of Lower Canada; Hon. George
Brown, M.l’.P., president of the executive council; Hon. Alexander T.
Gait, ]\I.P.I’., ﬁnance mi er; Hen. Alexander Campbell, M.L.C.,
commissioner of crown lands; Hon. jean C. Clmpais, l\t.L.C., commis-
sioner of public works; Hon. Thom.-is D’A1’cy McGee, M. P.P., minister of
agriculture; Hon. Ilector L. Limgevin, M.P.P. solicitor-general for
%Io\verJ_ Canada; Hon. William McDougall, M.I . .,Uprovincialsecretzuy;

on. ames Cockburn, I\I.l’.l‘., solicitor-, eneral for er Canada; Hon.
Oliver l\Ie\va(, M.P.P., postnmster-generagl. pp

New S:viz‘zz: Hon. Charles Tupper, M.P.P., provincial secretary and
premier; Hon, William A. Henry, M.P.P., attorneygeneral; I-Ion.
Robert B. Dickey, M.L.C.; Hon. Adams G. Archibald, M.P,P.; I-Ion.
Joxmthan MeCully, M.L. C. _

[35]

…. ..-. …, ,._

‘\:2,\» (X0 ‘<\xn$\\\‘\.eXs,. ‘”//’/:74/4:4_.>u~
‘——3

@~c’\w.-.0, %‘6.\n om\‘\.$\s>.\QL
‘2

’“.Q/\\)\\_0\.\.‘(\R\.9s.\Q. .

/2/if/9?

Nzw ]>’rmz:wz’r/1′,’ Hon. Samuel L. Tilley, M. P. 1)., provincial secretary
and premier; Hon. Peter Mitchel], M. L. C.; I-Ion. Charles Fisher, M.P.P, ,-
Hon. \Villiam H. Sleeves, M.L.C.; Hon. John Hamilton Gray, M.P.P.,
Hon. Iﬁdwarcl B. Chandler, M.L.C. ,- Hon. John M. Johnson, M.P.P.,
attorney-general.

Prince Edward IS/117207.‘ Hon. Jolm Hamilton Gray, M.P.P.. premier;
Hon. George Coles, M.P.P.; Hon. Thomas Heath Ilavilzmd, M.P.P.;
Hon. Edward Palmer, M .P.P., attonreygenetal ; Hon. Andrew Archilmkl
Macdonald, M.L.C.; Hon. Edward V’Vhelan, M.L.C.; Hon. William H.
Pope, M.P.P., provincial secretary.

Nrwfmzndland: Hon. Frederick B. T. Carter, M.P.P., speaker of the
house of assembly ; Hon. Ambrose Shea, M.P.P.

[37]

38 FEDERAL UNION.

Newfoundland took no steps to promote union ‘after
the convention of 1864, which two of her representatives
attended. Prince Edward Island joined in I873.

3.—Admission of British Columbia.

British Columbia, which took no part in the convention,
came into the federation in 1871. For many years the
mainland was separate from Vancouver Island. That
island was held in 1843 by the fuhtrading corporation,
known as the Hudson’s Bay Company, and nominally
made a crown colony in 184.9, or a colony without
representative institutions, in which the whole power rests
in a governor and appointed officials. The official
authority continued practically in the hands of the trading
company for some years later. In I856 an assembly
was called, despite the very small population of the
island. The island was united with British Columbia in
1866, and the latter name given to the united colonies.
The mainland, known as New Caledonia and British
Columbia previously to 1866, was also long a domain of
the I-Iudson’s Bay Company, and it was not until I858
that it became a. crown colony. In 1863 a legislative
council was at ﬁrst organized by the crown and was
partly appointed by the governor, and partly elected by
the people. By the act of 1866, uniting the island of
Vancouver to the government of British Columbia, the
authority of the executive government and legislature of
the latter colony extended over both colonies. Until
1871, when the province of British Columbia entered the
federal union of Canada, it was governed by a lieutenant-
governor, appointed by the sovereign, and at legislative

ACQUISITION OF THE NORTHWEST. 39

council, composed of heads of public departments and
several elected members. Responsible government was
not introduced into the province until after I871.

4.—Aequieition of the Northwest and Formation of
Manitoba,

Previous to the union of 1867 that vast country known
as Rupert’s Land and the Northwest Territory was under
the control of the Hudson’s Bay Company, who held
exclusive trading rights given by Charles II. to his cousin
Prince Rupert and “the company of adventurers”
trading in that region. It was not until 1869 that the
rights of that monopoly were purchased and the region
formally transferred to the government of the Dominion
of Canada. In 1870 a new province was formed under
the name of Manitoba. and invested with all the functions
of self-government possessed by the older provinces.
Subsequently the Northwest Territories were divided
into the districts of Keewatin, Assiniboia, Saskatchewan,*”
Alberta,* Athabasca, Yukon, Ungava, Franklin and
Mackenzie, for governmental purposes.

5.-‘I‘hree Leading Principles of Federal Union.

I have given a brief historical sketch of the constitu-
tional development of the countries that compose the
federal union of Canada, and I shall now proceed to
direct attention to the framework of the government of
that union.

The Canadian constitution, or British North America
Act of 1867, is a statute of the parliament of Great
Britain, before whom as the supreme legislative authority
of the empire the provinces of Canada had to come and

r”In 1905 these Territories were established into l’rovinccs.—4~5 Ed.
I /I, rim. 3 and 42,

40. FEDERAL UNION.

express their desire to be federally united. In the
addresses to the queen containing the resolutions of the
Quebec conference of I864, the legislatures of the
provinces set forth that in a federation of the British
North American provinces “ the system of government
best adapted under existing circumstances to protect the
diversiﬁed interests of the several provinces, and secure
harmony and permanency in the working of the union,
would be a general government charged with matters of
common interest to the whole country, and local
governments for each of the Canadas, and for the
provinces of Nova Scotia, New Brunswick and Prince
Edward Island,charged with the control of local matters
in their respective sections.”

In the third paragraph the resolutions declare that
“ in framing a constitution for the general government,
the conference, with a View to the perpetuation of our
connection with the mother country, and the promotion of
the best interests of the people of these provinces, desire
to follow the model of the British constitution so far as
our circumstances permit.” In the fourth paragraph it
sets forth: “ The executive authority or government
shall be vested in the sovereign of the United Kingdom of
Great Britain and Ireland, and be administered accord-
ing to the well-understood principles of the British
constitution, by a sovereign personally, or by the
representative of the sovereign duly authorized.”

In these three paragraphs we see clearly expressed the
leading principles on which our system of government
rests:

A fm’era2!z’zm wit}; a cwtnzl gar/ermmrzz‘ e;rercz’:z’7zg
general power: over all 2‘/22 memlwers :37‘ Me union, and at

IIOW CANADA IS GOVERNED. 4i

7wM5.!Z7’ of local gavermm¢zz‘s /zam‘7zg 2‘/ze control zma.’
mamzgemml of cermiiz mzzlterr 7Z£ZlZt7’d/Z] (ma? cam)e7zz’e7ztly
be/o7zgz’/Lg‘ 10 271271;, ‘w/zile azzc/z gm/emmerzt is ad71zi7zz’sz‘ered
in armra’a72:e wi!/z t/ze Ziriizlsﬁ syﬂem of parlizzynenzavy
z‘7zsZz’Z2a‘z’mz5.

These are the leading principles which were made law
by the British North America Act of 1867, and which I
propose to explain in the course of the following pages.

6.—How Canada. is Governed.

As the most intelligible mode of explaining the nature
of the somewhat complicated constitution of the
Dominion, I shall divide the whole subject—How Canada
is Governed—into several Parts which will set forth in
order the functions and responsibilities that belong to
the following authorities, governing the Dominion as a
dependency of England, and as a federation of provinces.

I. 17722 Impzrial _ Go’z227’7mza7zt, exercising executive,
legislative and judicial supremacy over the dependency
through a sovereign acting by and with the advice of a
responsible council, a judicial committee of the privy
council, and a parliament.

2. Tim Domz’m‘o;z Govemmmi, whose executive, legis-
lative and judicial powers as the central authority of
the federation are exercised through a governor—gencraI
appointed by the sovereign, or c1’own,* as legally stated,
and acting by and with the advice of a responsible council,
a pa1’lia.rnent, and a supreme court.

* The word crown, where used in this work or any other, means the reign-
ing sovereign, king or queen, who is represented by the governopgenenzl
of the Dominion and the lieutenant-goven1ors of the provinces for purposes
of executive govemmcnt.

4.2 FEDERAL UNION.

3. TIM Provzizcizzl G07/ewzzzzmlr, exercising executive,
legislative and judicial jurisdiction within their con-
stitutional limits, through a licuteuan tgovernor, appointed
by the govcrnongeneral in council, an advisory or
executive council, a legislature, and a judiciary.

In the course of these chapters I shall necessarily
explain the nature of the relations between the Imperial
and Dominion governments, and between the Dominion
and Provincial governments. I shall also give, as a
matter of convenience, a special place to the government
of the territories though it falls, strictly speaking, under
the second division of powers, and to the government of
municipalities and schools, though it also belongs to the
third division of provincial authorities.

BIBLIOGRAPHICAL NOTE.

I give at the conclusion of each Part of this- book references to a few
works which are most accessible to those students who wish to devote more
attention to the subjects to which I have merely introduced my readers.
For instance: Bouriuot’s /Mmmzl of the Cozzrlilzztiarzrzl fIistor_y of Cazzztda
(Toronto, 1901), which is a text hook in a number of colleges, and gives
the constitution or British North America Act in full at the end.
Houston’s Cozzrlilzztzhrzal Damrrzc-/1!: af Cazmzzla (Toronto, 1891), has the
text of the Quebec Act of 1774, the Constitutional Act of 1791, of the
Union Act of 1840, and of other statutes and official documents relating to
the constitutional development of the provinces from 1760 to 1867. Dent’s
Caz:/tzla S2’/we //:2 1.’/’m’an af 151;! (Toronto, (1880-81), is correct. So is
L. Turcotte’s Czzmmh .S‘:7z¢r I’D’/I/an (Quebec, 187K), for readers of French.
Profazsor Ashley’s Lac!/try: on //1: Errrﬁgr 6’0/1:122://iozzal Ifzlvtory qf Crunzda
(Toronto, 1889), are useful. The official record of the Parliazzzezmzry
Debate: on Cozz‘fea’.n’a/z’mz in the legislature of Canada. in 1865 (Quebec,
IS65), should be carefully read. Bonn-inol’s Cazmda [fuller b‘rz’/2’3/2 ]\’u/2
(Toronto, 1901) may also be advantageously read as a short political
history.

sEco1\fD PART.

IMPERIAL GOVERNMENT.
m1[A.P—T-§;<1:cuTIvE POWER . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . .. 2:5

II.—LEGISLA‘l‘IVE Powxm . . . . . . . . . . . . . . . . . .. . 55
. 62

IV‘—IM1‘ERIAL CONTROL ovmz CANADA. . . . . . . . . . . . . . . . . . . . .. 64

III.—JvD1cIAL Poxvm . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER I.
THE IMPERIAL GOVERNMENT: EXECUTIVE POWER.
1. In/roa’2m‘z‘m.—-2. T/M Sowr:z’gzz.~—3. Orzgfrt of I/ze Caémez‘ 0/

Royal Advzkory C070z£z’I.—4. War/’z’7zg r_/f I/1:2 Cwﬁzbzet System
aim’ xilcrz/12’//g (If “’/s’z’71g in Co:mn’l.”

1.~In1;roduotion.

As the system of parliamentary government- which
Canada possesses is derived from that of England, it is
important that we should clearly understand the princi—
pics on which that government tests. For the purposes
of this book it is only necessary to refer briefly to the
following supreme authorities of the empire:

The Sovereign,

Privy Council,

judicial Committee of the Privy Council,
Parliament.

2.—’1‘he Sovereign.
In accordance with the constitutional usages and rules

-which have grown up in the course of centuries, the

reigning sox-‘erei;;’n of England, at present a king, per-
forms all executive acts through his privy or executive

council, administers justice by his courts, and makes”

laws for the whole empire in his great legislature or
parliament.
[45]

46 EXECUTIVE rowan.

The crown is hereditary by English law. A statute
passed during the reign of \Vi1liam and Mary, and called
the Act of Settlement, settled the succession to the
thronevaczited by James II., on the heirs of the Princess
Sophia of Hanover—-a German state——the granddaughter
of james II. His Majesty the King is a lineal descen-

Tm: ROYAL S’i‘.ImDA1<D.*

dant of this princess. The titles of his majesty at present
are as follows: “lidxvard VII, R.I., by the Grace of
God, of the United Kingdom of Great Britain and
Ireland, and of the British Dominions beyond the Seas,
King, Defender of the Faith, .ED.’1p6l’O:. of India.”

* The Royal Standard, or personal banner of the sovereign, displays the
arms of England (three lions “passzmt” or walking); of Scotland (a lion
“rampant,” or erect as if attacking); of Ireland (a harp,)—tlze English
arms being repeated on the fourth quarter in accordance with the rules
governing such heraldic devices.

..\_,,.

TI-IE SOVEREIGN. 47

On the death of the sovereign the crown descends to
a male heir, and failing a son or son’s son to a daughter
or to a daughter-’s son or daughter. An uncle, nephew
or male cousin of the sovereign only succeeds when there
are no sons or daughters of the sovereign. The probable
successor to the throne at the present time———the “heir
apparent” as he is legally eallcd——is the Prince of
Wales, the only surviving son of the king, who visited
Canada in 1901 as Duke of Cornwall and York.

Though the crown is hereditary in the family of the
present sovereign, it is at the same time subject to the
authority of par1ian’ient~——that is to say, of the sovereign,
the lords and the commons, acting together as a
supreme legislature. From the earliest times in the
history of England we see the evidences of the supreme
authority of the English national councils in their as-
sertion of the right to limit and regulate the succession
to the throne in a national emergency. The great council
of early English days, the Witenagernot or assembly
of the wise men—Wltan meaning wise men, and gemot,
an assembly in Anglo-Saxon—-elected the king, who
was the chief among the nobles of the land,-——the
choice falling as a rule on a member of the family of the
deceased sovereign. Even William of Normandy, the
conqueror of England, felt it necessary to give some
show of title to his claim to the throne by being chosen
by a national council he called together. In later times
kings were deposed and chosen by the will of similar
councils of the kingdom. The revolution of I688, which
deposed James II. for his violation of the recognized or
fundamental laws and rights of the people of England,
and placed William) and Mary of Orange on the throne,

48 EXECUTIVE POWER.

was the last example our history gives us of parliament
asserting its right to regulate the succession to the
crown. The laws of England declare that it is treason
for any one to say that the parliament——that is to say,
the king or queen, in conjunction with the two houses———
is not able to make statutes of suiﬁcient force to limit
and bind the crown, and regulate and determine the
descent, inheritance and government of the same. Every
sovereign, at his or her coronation, solemnly promises
and swears “to govern the people of this kingdom and
the dominions thereto belonging according to the statutes
in parliament agreed on, and the respective laws and
customs of the same.”

As the king is by law the head of the executive
power, all acts of government must be carried out in his
name. It is by his will and pleasure that parliament is
called together for the despateh of business, or is pro-
rogued —-that is, a session closed—or is dissolvecl,——that
is, a new house of commons elected by the people. He
is “the fountain of justice,” since he is represented in
his courts by his judges; he alone can confer titles,
distinctions and honours, he alone can pardon offenders
against the law—this last being his highest attribute of \
sovereignty. All these and other prerogatives——that is
to say, the ancient rights and privileges belonging to the
sovereign as the head of the kingdom by law and usage
——are not now immediately exercised by himself in per-
son on his own responsibility. Everyone has heard the
maxim “The King can do no wrong.” The meaning
of this phrase must be sought in the constitutional history
of the council who are directly responsible for the acts
of the sovereign.

#’Ie!~nz~.-zwc-,-.-,… .,..

i
i
i
{
1

ORIGIN or CABINET. 49

3.—0rigin of the Cabinet or Royal Advisory Council.

From the earliest times of our history——for England’s
is Canada’s history to’o—there were always councils
around the sovereign whom he summoned to assist him
by their advice. The several councils gradually de-
veloped with the growth of the kingdom into a parlia-
ment of two houses in which the commons had a
representation, into law courts, and into a privy council.
The latter was a permanent or continual council of
ofﬁcials and nobles, the conﬁdential counsellors of the
king. The sovereign for centuries, as late as the time
of George L, sat in council. This was the executive
body, as distinguished from the legislative body or parlia-
ment of which the king was the first branch, and which
he alone could summon, prorogue or dissolve. This
privy council became at last too large for purposes of
consultation, and King Charles I. selected from its mem-
bers a committee who were named a Cabinet Council
because they met in the l<ing’s private chamber. In
later times it was called also a “Cabal,” or club of in-
triguers, in terms of derision. This smaller council had
no special authority behind it—the privy council as a
body was alone recognized by the law as the responsible
executive council—but King Charles I. found it most
convenient for his purposes in times when he was intri-
guing against parliament. In the quarrels of the Stuarts
with the commons they were constantly asserting prero-
gatives in violation of the acknowledged rights of the
people, and this council became very unpopular as the
secret conclave, or cabal, for the king and his instru-
ments. It owed no responsibility to any one but the

50 EXECUTIVE POWER.

king himself. It was not necessary that its members
should have seats in the popular house.

The practice of forming a committee out of the large
body of privy councillors as a special or inner body of’
advisers of the crown has continued to the present time,
and the term “Cabinet,” once so unpopular, is now a
title of honour and dignity. But the modern cabinet
council is not the irresponsible instrument of the royal
will and pleasure that it was in the days of the Stuarts.
Since the revolution of 1688, when James II. was deposed,
there has been gradually developed the principle that the
cabinet must be composed of privy councillors not only
chosen by and responsible to the sovereign, but selected
from those men who have seats in parliament and have
the conﬁdence of the majority of the people’s representa-
tives in the house of commons, the elected body of the
great legislative council of the nation. As long as they
keep the conﬁdence of this house they remain the
counsellors or ministers of the king, and are responsible
for the work of administration and legislation, but the
moment they lose that conﬁdence the sovereign must
choose another set of advisers or ministers, who also
must ‘be privy counci1lors—for England has always clung
to her old names and ancient institutions»-and must
have the support of the popular house. Sometimes a

ministry, defeated in parliament, will be allowed by the .

sovereign to ask the opinion of the people at a general
election. If they are supported at the polls and have a
majority of the people’s representatives, they remain in
oﬂﬁce. Otherwise they must give way to the men who
have obtained the popular majority. Elsewhere, when I
come to speak of the Canadian methods of government,

THE CABINET SYSTEM. 51

which are copied from those of England, I shall explain
how the prime minister or head of the cabinet or ministry,
and the members of that body are chosen, (see p. 81). ‘

4.~Workh2g of the Cabinet System and Meaning of
“King in Council.”

From the foregoing necessarily imperfect summary

three leading facts in the working of the constitutional
system of England may be gathered:

I. That the privy council is, strictly speaking, the
only body known to law and usage in England
as the sovereign’s council.

2. That in order to keep up old customs and main-
tain the law, the cabinet, or responsible council,
is chosen from the large body of privy council-
lors.

3. That this responsible council must be members
and have the conﬁdence of parliament.

When members of the house of commons, who are
not privy councillors, are called upon to form a ministry,
they must be ﬁrst sworn of the privy council.* Then
they are called to the ministry or cabinet, and placed in
charge of certain departments or ofﬁces of the govern-
ment. One of these departments is entrusted with the
supervision of the affairs of the colonial empire, and is
called the secretary of state for the colonies (see éelaw,
p. 65).

The cabinet, or inner council, is the body that discusses

‘English privy councillors are always styled “ Right Honourable.”

52 EXECUTIVE POWER.

and decides all questions of public policy: z’.e., the nature
of the measures to be introduced into parliament, the
relations of England with foreign countries, treaties of
peace, declarations of war, questions affecting the govern-
ment of Great Britain and Ireland, India, and the
dependencies, important appointments, and the countless
matters that devolve on the government of a great
nation. Its deliberations are held in secret, and when it
reaches a conclusi0n,we see the results in executive,
administrative and legislative action, according to the
well understood methods of the British constitution.
When the action of the head of the exe<:utive—that is of the sovereign—-is necessary on any question of state, he is advised by the premier or responsible minister. When the sovereign has given his consent an order~in- council is passed, and has the effect of law. In other cases, the signature of the sovereign must also be given to the acts of the counci1—sucl1 as certain appointments by commission,’-“ and other acts of royal authority. In all cases any document, which is an act of the executive, must be countersigned by a responsible minister or official and have the “ great seal” or official evidence of the royal will afﬁxed (see Zzelow, p. 86, for Canada’s great seal). All orders-in«counci1, or other acts of executive power, are considered to be passed by the privy eouneil— order—in—c0uncil means an order passed by the sovereign by and with the advice of the privy council—the only body known from old times as the permanentor advisory *A commission is an authority or order to perform certain duties; all public oﬁicials, acting under the crown, have such an authority. It comes from the Latin word toznmizierz, to place or trust a thing somewhere. KING IN COUNCIL. 5 3 body aroimd the sovereign. The king never acts alone. What he does in aclininistration he does through the aid of a minister or rninistry,—who are members of the privy council. In fact every act of the sovereign in his executive and royal capacity is done on the advice of a sworn counsellor. If the advice is wrong, or in violation of the law, the minister or ministry who gave it is open to the censure of parliament, or a particular minister may be brought before the ordinary courts of law. Consequently the maxim that “the King can do no wrong” has arisen from the adoption of the following constitutional principles: I. That by no proceeding known to the law can the king, himself the head of justice as he is of all branches of government, he made person- ally responsible for any act done by him in his executive capacity. 2. That every executive act is the result of the deliberation of a sworn council, who advise the king thereon and are alone responsible for the advice. 3. That no minister of the crown can bring forward an order of the crown as a defence or justiﬁca- tion of an act that is in violation of law. 4. That the minister who gives the advice becomes responsible and liable to punishment for mis- leading the crown. The sovereign, it is well to mention here, has never sat in council with the cabinet since the days of George 54. EXECUTIVE POWER. the First, who departed from the practice of his royal predecessors on account of his ignorance of the English language. What was in his casea matter of convenience has ever since become the settled practice. Now the sovereign—and the same is true of the governongeneral of the Dominion and a lieutenant-governor of a province ——is informed of the results of the deliberations of council, and acts on the advice of a responsible minister. CHAPTER II. THE IMPERIAL eovnnnmawr: LEGISLATIVE rowan. I. Sa’I/erezyrz in Par/z’zwzMl.—~2. Orzggm of I’arZz‘zw1mt.—~_;. Clan‘- izr: of E71g’ZI’s/L Imri Carla/[22:21 C07z.rtI?l1zlz’o7z(zZ Lih-rZ2‘a.r.—~4. Slrmgz/’z of I’«7’lz'(m;e2zmry Gam-m7zzc2zt.—~5. 7722 1(z’7zg’: Onerzms 1}z¢tz’e.r as a Soverezgvz. 1.-The Sovereign in Parliament. Every statute or law passed by the supreme legislature or parliament of Great Britain and Ireland commences with these words : “That it be enacted [1/rat is, Maria law] by the kings most excellent majesty by and with the advice and consent of the lords spiritual and temporal and commons, in this present parliament assembled, and by the authority of the same as follows.” Here follow the provisions of the law or act of parliament. I have copied these words because they show that the sovereign is still understood in law to legislate for his realm in a great legislative council known as a parlia- ment, whilst he acts in his executive capacity in a privy council. The‘ legislation he assents to as the ﬁrst branch of parliament he executes or carries out in his executive capacity, through and by the advice of his sworn counsellors and ofﬁcers appointed and sworn to execute and administer the law justly and faithfully, as I have shown above. [55] 1 I ﬁn}: “ . [“””%)F:i§iL W 1′ I I3! 1 HI ., I In’ ” IU 5 {[113 ‘LE”?’:{1| { I , 4′,” 1 ‘fr HM ‘:‘>:§|I’;)J Hg

[56]

WESTMINS um PALACE

ORIGIN OF PARLIAMENT. 57

2.—-Origin of Pa.1’1iamen13.

The origin of parliament must be sought in the early
assemblies of our English ancestors, who were Teutons
or Germans who came from the sea~coast of northern
Germany and of Denmark. The Witenagemot of old
times, before the Norman conquest, was a national
assembly of great nobles, and ecclesiastical dignitaries,
summoned by the sovereign to consult and deliberate on
the affairs of the kingdom. After the Norman conquest
it became known as the “Great Council,” and was practi-
cally the house of lords. It had executive, legislative,
and judicial powers. The kings special or permanent
council to which I have referred above, and the kings
aclvisory law court (mrzia 7/grit) became part of this
great council at certain times, and together formed a
common council of the whole realm. Eventually, the
estates of the realm, the archbishops and bishops or the
lords spiritual, the nobles of the kingdom or the lords tem-
poral, and the commons, formed a parliament (for mean-
ing, see allot/e, p. 7). It was a great noble, Simon de
Montfort, of Leicester——-a statesman much in advance of
his age——who overthrew King Henry III. on the battle-
ﬁeld of Lewes, and first summoned representatives of the
towns and counties to meet bishops and nobles in a
parliament in 1265. This scheme of Simon de Montfort
was adopted by King Edward I. in I295,‘and has ever
since formed the model of the parliament of England.

Edward accepted this great council, always thereafter
known as parliament, as a most convenient instrument
for raising taxes; it being the immemorial right of
Englishmen to be taxed only with their own consent

58 LEGISLATIVE POWER.

through their own representatives. The representative
principle, as applied to government, is essentially
English. Its origin can be traced to the “motes” or
assemblies of the local divisions of England in early
English times. In the municipal system of Canada, as I
shall show later (see Fifi/L Part), we have copied the
names of those local divisions and of their public
ofﬁcers.

3.——Cha.rters of English and Canadian Constitutional
Liberties.

From the days of Edward I., a wise monarch, there
was for centuries a constant struggle between sovereign
and commons for the mastery. The necessity for raising
money by public taxation forced the most arbitrary
sovereigns to summon parliament sooner or later. At
all times we ﬁnd nobles and commons united to resist
the unconstitutional efforts of kings to reign without the
assistance of his national council. Magma Charta, one of
the great statutes of English liberty, wrung from King
John, on the ﬁeld of Runnymede in 1215, affirmed the
fundamental principle of the constitution that English-
men -could not be taxed without the consent of the
national council as then constituted. Another great
statute, known as the Petition of Right, grudgingly as-
sented to by Charles I. four centuries later, when he could
not resist the demands of parliament, again affirmed that
no tax of any sort might be exacted without the consent
of parliament. The Bill of Rights, passed in 1689, when
William and Mary became joint king and queen of
England, was a strong declaration of the original rights
of the people, violated by James IL, who had fled the

STRENGTH OF PARLIAMENTARY GOVERNMENT. 59

kingdom. This famous charter of constitutional liberty
set forth among other things:
That it is illegal for the sovereign to suspend or exe~
cute laws without the consent of parliament.
That it is illegal for the sovereign to dispense with
laws.
That it is illegal to levy money without the consent
of parliament.
That petitions to parliament are legal and punish-
ments for them illegal.
That parliamentary elections ought to be free.
That freedom of speech and debate in parliament is
subject to parliamentary control only.
That parliaments ought to be frequently held.

These are the fundamental principles of parliamentary
government in England as in all the dependencies of
the crown.

4=.—Strength of Parliamentary Government.

The great object of parliament is taxation in order to
meet the needs of government. English sovereigns soon
recognized the fact that Englishmen through their re—
presentatives in parliament must control all the taxes
and expenditures of the realm. From‘ the days of the
revolution of 1688 the struggle between sovereign and
the commons practically came to an end. With the
development of the principle of ministerial responsi—
bility——the presence in parliament of a body of ministers
responsible at once to sovereign, commons and people~—-
harmony was created between the executive and legisla-

6o LEGISLATIVE POWER.

tive departments. The cabinet is now the connecting
link between the monarch and the people through their
representatives in parliament. As advisers of the crown,
as heads of the great departments of state constituting
the government, as the recognized heads of the political
party or combination of parties having a majority in
parliament, this cabinet, which is legally a committee of
the ancient privy council, are able to administer public
affairs without that friction and conilict between execu-

tive and parliament which was the leading feature of old ‘

times of irresponsible councils and the personal rule of
sovereigns.

When we come to consider the government of Canada
we shall see carried out all the English methods and
principles explained above. The king in council, the
cabinet, the parliament, are all to be found working pre
cisely in the same way in Canada.

5.~The King’s Laborious Duties as a Sovereign.

Although the king performs all executive acts
through responsible ministers dependent on the will of
parliament and people, it must not be supposed that
his functions as a sovereign are purely ornamental. On

the contrary, so high an authority as Mr. Glad-
stone, who was for many years a prime minister of
Queen Victoria, has told us that “no head of a de-

THE KING’S LABORIOUS DUTIES. 61

partment performs more laborious duties than those
which fall to the sovereign of this country.” No des-
patch “is received from abroad, nor any sent from the
country, which is not submitted to the queen.” I-ler
signature “has never been placed to any public docu—
ment of which she did not approve.” Cabinet councils
“are reported and communicated on their termination
by the minister to the sovereign and they often call ﬁ’om
her remarks that are critical, and necessarily require con-
siderable attention.” In fact “such complete mastery of
what has occurred in this country, and of the great im-
portant subjects of state policy, foreign and domestic, for
the last ﬁfty years is possessed by the queen that he
must be a wise man who could not proﬁt by her judg—
ment and experience.” To these explanations of the
active life of a great sovereign, it is well to add a fact
not generally known to Canadians, that every governor-
general is instructed to communicate directly to the
king, from time to time, the fullest information on all
questions of moment to Canada and the empire.

(‘7

CHAPTER III.
THE IMPERIAL GOVERNMENT: JUDICIAL POWER.

I.—-0rz:g‘z’¢z of Couri: af _/as-lz‘:2.——2. _/z¢dz’tiaZ Cammitlczz of 1/16
PH’:/y Cozmril.

1.-Origin of the Courts of Justice.

We now come to the third division of government——
the judicial authority. ‘The king is the fountain of
justice, and it isiadministered in his name. In old
times, beforegovernment assumed its present forms and
methods of action, the sovereign dispensed justice
immediately and personally in a great council or court.
The nob1es,lay and ecclesiastic, the great judicial officers
of the realm, the chief justice or justiciar—next to the
king in authority—~and the chancellor formed a national
supreme court of law (curzkz rzgis), over which the
sovereign presided.

In the course of many years after the conquest courts
of law were formed out of the great court or’ council of
the kingdom. The old names of these courts still exist
in English law, as I shall show when I come to refer to
Canadian courts (sec (ﬁe/’ow, p. I 77). With the development
of parliamentary government, after the revolution of
1688, the judiciary were made practically independent
of the crown, and of all political inﬂuences. Their
tenure of office was made one of good behaviour,
and they can now be removed only on an address to the
crown by the two houses of parliament, after formal

[62]

….»..,

TI-IE JUDICIAL COMMITTEE. 63

impeachment”-‘ for grave offences and after full investi-
gation of any charges made against them. \

2.~’I‘l.1e Judicial Committee of the Privy Council
of England.
With the constitution and procedure of the courts of
law of England Canadians have no direct connection.
Justice is administered in their own courts, which have
full jurisdiction over all matters of Canadian concern,
and the king is in theory as much present in Canadian‘
as in English courts. But over the empire there is one
great court of appeal, to which reference can be made in
cases of important controversy and doubt. The origin
of this court, called the judicial committee of the privy
council, must be sought in the fact that even after the
formation of the regular courts out of the great court or
council of the sovereign in early times (see allow, p. 49),
some of the judicial powers still remained and were
exercised in the permanent or continual council of the
sovereign. The great council became the house of
lords, which still has a remnant of its judicial powers,
while the permanent council became the privy council.
This latter was eventually divided into committees,»
which still discharge some of their old functions. One
of these committees is the judicial committee, or supreme
court of the empire (see éﬂow, p. 65). It is now regu-
lated by statute and composed of the lord high chan-
cellor and other legal functionaries, who must all be
members of the kings privy council. Since 1897 Canada
and Australia have been directly represented in this high
tribunal.
‘To “impeach” means to prefer grave charges of ollicial misconduct
against a judge or other functionary, but its origin is obscure.

CHAPTER “K
NATURE or IMPERIAL CONTROL OVER CANADA.

L 1‘m’rozt’1¢£lz‘o7z.——2. Gm/ervmr-Ge7z2ml.—_9. Setreiary zy’ State for
tile C‘aIo7zz‘e:.-4. jzm’z‘cz‘aZ Cammz’I’z’ez:.—5. Camzz2’z’mz Rzlglzts of
Self» G07/nr7m1e72z‘.——5. Ma/az)zg’of Treatz’er.———7. Wﬁm Cama/litm
Leg‘z’:ZaIz‘w Arts may ée Disallowed.

1i——Introduotion.

With these explanations of the leading principles of
the supreme government of the empire, 1 come now to
explain to my readers in what manner and to what
extent this imperial government can and does exercise
authority or control over this dependency of Canada.
The following principles and methods of procedure may
be laid down as governing the relations between the
imperial and dominion governments:

2.——The Grovernor—Genera.l.

The king, as the head of the executive authority of
the empire, acts through a governor—general appointed in
council, and consequently an imperial officer. It is
through him all communications between the imperial
and Canadian government must pass. When the Cana-
dian parliament requires any legislation that properly
falls within the jurisdiction of the imperial legislature,
addresses to the king are passed by the former body,
setting forth the nature of this legislation——such as an

[64]

…._…………………i……….’fLT..M_\‘T‘i

SECRETARY OF STATE FOR THE COLONIES. 65

amendment or necessary change in the fundamental law
of the Dominion or British North America Act of 1867,
which is an imperial statute, and can only be amended
in certain respects by the same authority that gave it.
This address is forwarded by the Canadian governor-
general with such remarks as are necessary, to one of
his majesty’s ministers.

3.—-The Secretary of State for the Colonies.

This minister, or privy councillor, is the head of the
department of colonial affairs and known as the sec-
retary of state for the colonies,-—-all possessions of the
crown, except India, being designated colonies. It is
for this important minister, who has always a seat in the
inner council or cabinet, to bring the address or other
matter requiring the action of the king and council
before that body in the manner required by usage. The
council on his advice will agree to introduce and pass
such legislation in parliament as will meet the difficulty
that has occurred in the Dominion. By the constant
interchange of communications between the imperial and
dominion governments, agreements are come to, as a
rule, on every question which requires adjustment, and
any friction in the relations of the two governments
prevented.

4.—’I‘he Judicial Committee.

The king’s courts in Canada administer justice in all
cases affecting Canadians, whether of a criminal or civil
nature, in accordance with the rights of self-government
accorded by law to the Dominion. Appeals are, how-
ever, made from the supreme and superior courts of the

55 NATURE OF IMPERIAL CONTROL.

Dominion to the judicial committee of the privy council
under such conditions as have been laid down by that
body under the law. The appellants, or parties who are
not satisﬁed with the decision of the Canadian courts)
petition the king in council for leave to appeal, and if
the appeal is allowed»-for there are cases where the
appeal may be refused—the whole case, as it appears on
the record, is submitted to the judicial committee, c0m~
posed of eminent judges—-generally four, though three
are a quorum-—who hear arguments and finally report
their decision to the king in council. This decision is
authoritative and settles the case. Criminal cases can—
not be appealed from Canada to this court. Nor will
the judicial committee admit an appeal from the supreme
court of Canada, save where the case is of ‘gravity (see
ée/ow, p. 130).

5.~~Ca.na.dian Rights of Self-Government.

It is a fundamental principle of the English constitu-
tion, as I have shown above, that a people under English
government can be taxed only with their own consent,
through their representatives, under the forms prescribed
bylaw. The imperial state having granted to Canada
a complete system of local self-government, with full
control over taxation and expenditure, it is only in
Canadian parliaments——and I here include provincial
legislatures—-that Canadian taxes can be imposed and
Canadian moneys expended. If at any time Canada
requires imperial legislation, on any subject not within
her executive or legislative control, she applies to the
king in council in the way I have described above
(see p. 64). The imperial parliament cannot of its own.

MAKING OF TREATIES. 67

motion constitutionally interfere with rights of local self-
government granted to the dependency.

6.—~Making of Treaties with Foreign Powers.

The l<ing’s government alone, as the supreme execu-
tive of the empire, can commence and negotiate treaties
with foreign sovereign nations. Canada being only a
dependency cannot of her own motion or action give
validity to a treaty with a sovereign nation. It is
through the imperial government and its 1’epresentatives
that all treaties immediately affecting her must be made.
It is, however, now an understanding, or even maxim of
the policy governing the relations between England and
the Canadian Dominion, that Canadian representatives
shall be chosen and clothed with all necessary authority
by the king in council to arrange treaties immediately
affecting Canada, and all such treaties must be ratiﬁed
by the Canadian parliament.

7.—W‘hen Canadian Legislative Acts may be
“ Disallowed.”

It is still a provision of the Canadian constitution that
every act passed by the parliament of Canada should be
submitted by the govcrnongeneral to the king in
council. This is a declaration of the sovereign authority
of the imperial government, and only means in practice
that it is within the power of the king in council, re-
sponsible fot the unity and security of the whole empire,
to refuse to consent to, or in the constitutional words,
“disallow,” an act (see éelaw, p. 163) which is in conflict
with the interests of the empire at large, may threaten its
integrity, and is at variance with treaties with England,a

68 ‘ NATURE or IMPERIAL CONTROL.

foreign nation, or with imperial legislation. It would be
unconstitutional, however, for the imperial government to
interfere in any matter clearly and exclusively within the
authority of the dominion government. When the
imperial parliament gave Canada a federal union and a
complete system of ‘local se1f—g’overnmcnt, and the right
to legislate on certain subjects set forth in the funda-
mental law of the constitution (the British North America
Act of 1867), it gave her full control of all such matters,
and constitutionally withdrew from all interference in
the strictly local concerns of the Dominion. It is only
when the interests of the empire are in direct conflict
with the privileges extended to the dependency that the
sovereign authority of England should be brought into
action. This sovereign authority should never be arbi-
trarily or indiscreetly exercised, but should be the result
of full discussion between the governments of England
and the dependency, so that the interests of the two may
be brought, as far as possible, into harmony with each
other.

BIBLIOGRAPHICAL NOTE.

A useful elementary book on English constitutional histoiy is David
Watson Runnie’s Hislorzkal 0m‘l2’rze of the Eazg/’z‘:1r -Con:tz’m!z’m (New
York, I881). . Valuable books and articles for more advanced students are
the following: E\vald’s “ T/Ll Cm-wn mm’ ll: Adm’xer:”; or, Queen,
illinirters, lord: and Cammam (E<[inl)ux-gh and London, 1870), Professor F recman’S Growl/’1 If t/zc I.Z‘ngl2′.r/2 Can:tz’l1(l2’wz from Z/ht Earlml Tz’me.9 (London and New York, 1384.), Dicey’s Ifiszwy of fine Privy Cozmcil (London and New York, 1887), Mr. Reeves article on T/ze Caﬁinel in the 9th edition of the E711}/:1a}>z2a’z‘¢z Br2’mm2z’az, Professor Freeman’s article on
the £123‘/or} qf Ezzglazzd in the same work, vol. viii., pp. 263-368, with an
index at end of subjects treated in the paper 3 Professor Woodrow Wi1son’s

BIBLIOGRAPHICAL NOTE. 69

sketch of‘ the institutional history and administration of England, in pp.

651-82:, T/Ea Stat: (Boston, £889). Carmiel\ael’s edition of T:mwe1l~
Langmea<1’s Engiz‘:/L Caizstiizctiorzal History (London, 1890), is the best
history for students in general, since it is both readable, intelligible and
correct. Ba;{eh0t’s Erzglisﬁ Comlitzdian (London and New York, 1884),
is a very clear treatise on the practical operation of parliamentary govern-
ment. It was the first successful attempt to show the defects of the consti-
tutional system of the federal republic of the United States, arising out of
the absence of a political cabinet responsible for the work of administration
and legislation, and having seats in congress.

THIRD PART.

THE DOMINION GOVERNMENT-.
cmuwn. non.
I.—-EXECUTIVE Poxvnx . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . ‘ .. 73
II.-V.—LxzGIsLA’mvr. Powax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 93
VI.——]umcmL Powzr. . . . . . . . . . . , . . . . . . . . . ‘ . . . . . . . . . . . . .. I28

VII.——RF.vmwE AND EXPENDITUR . , :33

VIII.—~MIL1TIA AND DEFENCE . . . . . . . . . . . . . . . . . . . . . . . . . . .. 138

I71]

CHAPTER I.
THE DOMINION‘ GOVERNMENT: EXECUTIVE POWER.

1. Znlradzzc/2’o7z.—2. T/ze G07/!7’?l07‘-Géﬂﬂ/(€l.~—__-‘;’. P¢*z’1/y Comm‘! for
Camadzz: Head: ofﬂeﬁzzrtz/zmls 0f Ga7Jermzzem‘.—~¢. lllivzislerx
not in 17;; Czzbz’¢zez.‘.——5. Tﬁe Premz’er.-6. Rules am! Usage: of
1’ar/’2‘a7)zmz‘ary G0’!/er7mzm!.—-7. G01/emor~Gm:raZ 2’22 Cou7m’/.
—-6’. Cz”uz‘lSer1/z‘re.~—9. Gran! SM! £_7f Ca7z.<m’a‘—1o. Da»zz’m’aIt
Com’ of Amzs.-—II. Dnmzhzzbiz Flags‘.

1.—Introduction.

IN the previous chapter, I have given a short summary
of the different authorities that govern the empire as a
whole, and now come to the government of the Dominion
itself. This government is divided among the following
authorities :

The sovereign, as the head of the executive, repre-
sented by a governor-general.

A cabinet selected from the members of the privy
council for Canada, and forming the responsible
advisory council of the sovereigrfs representa-
tive.

A parliament, exercising legislative functions over
the whole of Canada.

A supreme court, exercising judicial functions as a
court of appeal from the courts of the pro~
vinces, and for the settlement of constitutional

difficulties.
E 73 J

74 EXECUTIVE POWER.

The duties of these separate authorities will now be

explained.

2.—’1‘he Governor~Genera1.

.The king is the head of the executive government of
Canada. He is as much the sovereign of Canada 215 Of
England or of Scotland, or of Ireland, and his supremacy
can be alone acknowledged in all executive or legislative
acts of this dependency. As he is unable to be present
in person in Canada he is represented by a governor-
general appointed by his majesty in council.

This functionary, generally chosen from public men of
high standing in England, has double responsibilities, for
he is at once the governor-in~chief of a great dependency,
who acts under the advice of a ministry responsible to
parliament, and at the same time the guardian of
imperial interests. He is bound by the terms of his
commission, and can only exercise such authority as is
expressly or iinpliedly entrusted to him by the king.
He must report regularly on all those imperial and other
matters on which the secretary of state for the colonies
should be informed, (see aézrz/2, p. 64). In bills reserved
for the consideration of the imperial government he

forwards them to the secretary of state with his reasons

for reserving them. The British North America Act
provides that copies of all acts of the Canadian parliament
shall be sent by him to the secretary of state for the
colonies, that they may be duly considered and disallowed
within two years in case they are found to conﬂict with
imperial interests and are beyond the legitimate powers
of Canada as a dependency. The governor-general, as
the acting head of the executive of Canada, assembles,

Aurosnnrxzs or GOVP.RNoRS—GE1iE‘,(lAL since 1867.

* Sir John Young was created Baron Lisgzlr in X870, while governor-general.

[751

76 EXECUTIVE POWER.

prorogues and dissolves parliament and assents to or
reserves bills in the name of his majesty; but, in the
discharge of these and all other executive duties, he acts
entirely by and with the advice of his council who must
always have the support of the house of commons.
Even in matters of imperial interest affecting Canada he
consults with the council and submits their views to the
colonial secretary of state in England. On Canadian
questions clearly within the constitutional jurisdiction of
the Dominion he cannot act apart from his advisers, but
is bound by their advice. Should he differ from them on
some vital questions of principle or policy he must either
recede from his own position or be prepared to accept
the great responsibility of dismissing them; but a dis-
missal of a ministry is an extreme exercise of authority
and not in consonance with the general constitutional
practice of modern times, when his advisers have a
majority in the popular branch of the legislature. Should
he, however, feel compelled by very exceptional circum-
stances to resort to the extreme exercise of the royal
prerogative, he must be prepared to find another body of
advisers ready to assume the full responsibility of his
action and justify it before the house and country. For
every act of the crown, in Canada and in England, there
must be some one immediately responsible, apart from
the crown itself. But a governor, like any other subject,
cannot be “freed from the responsibility for his acts nor
be allowed to excuse a violation of the law on the plea of
having followed the counsels of evil advisers.” Cases
may arise when the governor-general will hesitate to
come to a speedy conclusion on a matter involving
important consequences, and then it is quite proper for

*_._. _._.e.._.__._-: W _,_

THE GOVERNOR—GENE’RAL. 77

him to seek advice from his official chief, the secretary of
state for the colonies, even if it be a matter not imme-
diately involving imperial interests.

The royal prerogative of mercy is no longer exercised
on the sole judgment and responsibility of the governor-
general, but is administered pursuant to the advice of
the minister of justice. With respect to the allowance
or disallowance of provincial acts, ever since the coming
into force of the British North America Act, the
governor~genera1 has invariably decided on the advice of
his ministers, and has never asserted a right to decide
otherwise. Even in the exercise of the all-important
prerogative of dissolution, which essentially rests in the
crown, he acts on the advice of his advisers. Mutual
consultation, as a rule, brings councillors of the crown
into perfect harmony with their constitutional head.

Occupying a position of neutrality between opposing
political parties, and having no possible object in view
except to promote the usefulness and dignity of his
high office, the governoiugeneral must necessarily, in
the discharge of his important functions, have many
opportunities of aiding the interests of the country over
whose government he presides. Although the initiation
of public measures necessarily rests with the ministry,
yet there are numerous occasions when his counsel is
invaluable in the maturing of matters of the gravest
political concern. If we could see into the inner
councils of government we would be surprised at the
inﬂuence a prudent and conscientious governor can and
does exercise in the administration of public affairs.
While he continues to be drawn from the ranks of
distinguished Englishmen he evokes respect as a link of

78 EXECUTIVE POWER.

connection between the parent state and its dependency.
In the performance of his social duties he is brought into
contact with all shades of opinion, and wields an influ-
ence that may elevate social life and soften the bitterness
of public controversy by allowing public men to meet on
a common ground and under conditions which win their
respect. In the tours he takes from time to time
throughout the Dominion he islable to make himself
acquainted with all classes and interests, and, by the
information he gathers in this way, of the resources of
the country he can make himself an important agent in
the development of Canada. In the encouragement of
science, art and literature he has always a fruitful ﬁeld
in which he may perform invaluable service.

8.—The Privy Council of Canada.

The British North America Act of 1867 provides that
the council, which aids and advises the governor-—gencral,
shall be styled the “King’s privy council for Canada,”
recalling that ancient council whose history is always
associated with that of the king as far back as the earliest
days of which we have authentic record (see czéave, p. 49).
As in England, the terms “ cabinet,” “ ministry,” “admin~
istration,” and “ government,” are indifferently applied in
Canada to those members of the privy council who are for
the time being at the head of public affairs. Privy c0un~
cillors, when not in the government, retain their honorary
rank, but it is simply one that entitles them to certain
precedence on state occasions and has no official respon-
sibility. When the governor-general appoints a body of
advisers to assist him in the government he calls them
first to be members of the privy council and then to hold

PRIVY COUNCIL OF CANADA.

certain ofﬁces or departments of state. lt sometimes
happens, however, that ministers are appointed to the
cabinet without a portfolio or department, in accordance
with English practice. The number of members of the
cabinet vary from fourteen to sixteen, of whom fourteen
are heads of departments, whose duties are regulated by
law and usage. At the present time there are the follow-
ing heads of departments or divisions of the government
for purposes of administration :

L T/ze Przrzﬂent 0f the Privy Camzcil, who presides over the
meetings of the cabinet, and has no departmental duties except
those done under his supervision by the clerks, relating to the work
of the council. All orders in council, and acts of the council, are
sent from this office to those departments and persons who have
to act under them.

2. 1l{i’7iz‘rz‘er of_/mtzkc and Aﬂamey Gmeml of Canada, who is
the legal adviser of the governor—general and all departments of the
government. He has the supervision of matters affecting the
administration of justice in Canada, reviews all legislative acts of
the provinces within one year after their receipt (see éelorw, p. 168),
and in short is the law officer of the Dominion government generally.
He has also the superintcndcnce of the prisons and penitentiaries
of Canada.

3. Mzbzirler of Finance and Rem’?/tr Gmeml, who has charge
of all matters relating to the ﬁnances and expenditures of the
Dominion. He lays before parliament the “budget ” (see below,
1:. 119) or ofﬁcial statement of the ﬁnancial condition of the country,
explains the policy of the government with respect to public tax-
ation, the public credit, and the public currency.

4. Zilizzistcr of Traria amt’ C01/Lmerre, whose duties extend to the
execution of all laws enacted by the parliament c ‘the Dominion
relating to such matters connected with commerce generally as are
not by law assigned to any other department of thn government of
Canada.

8o EXECUTIVE POWER.

5. ]l!z’7zz‘sz‘er 0,‘ Ag’rz’mZlM’.r,=, who has cliarge of the following
matters :—AgricuItuie, immigration, public health and quarantine,
marine and immigrant hospitals, census, statistics, and registration
of statistics, patents of invention, copyright, industrial designs and
trade 1na1’l<s, experimental farms.

6. Secretmjl af Stale, who has charge of all the correspondence
between the government and the provinces, and on all other official
matters relating to government generally ; registers all documents
issued under the great seal (see éelow, p. 86) ; has charge of public
printing and of the purchase and distribution of stationery for all
the departments of the public service. ‘

7. Mzkzistrr afMa7z’7ze and F2‘;/’zerz’e:, who has supervision, under
the laws of Canada, of the sea~coast and inland ﬁsheries, light~
houses, beacons, harbours and piers, steamers and vessels be~
longing to the government, examination of masters and mates of
vessels, inspection of steamers, establishment and regulation of
marine hospitals, and generally such matters as are connected with
the marine, ﬁsheries and navigation of Canada.

8. 1Wz’7zz‘:ter of M21272}; czizzz’ .D;y’mce, who is responsible for the
administration of militia aii”airs, including fortiﬁcations, a1’moLu’lcs,
munitions of war, stores, schools of instruction, military college at
Kingston. Under him is 21 major-general, chosen from the regular
military sewice of England.

9. 1112312}/zr (f 2729 I7zz’.erz’0r, who has control an management of
the affairs of the Northivest Territories, of the Indians, and of all
public lands belonging to the government, and of the geological
survey of Canada.

Io. Postmaslar General, who has the management of the post
offices and all arrangements relating to the postal service in Canada,
and between her and all other parts of the world.

II. ﬂlzhzkter qf PM/fr I/Vorkr, who has charge of the construc—
tion, repairs I_.nd maintenance of all public buildings and works
(except railwz rs and canals).

I2. 1l(z‘71z’sl.e:~ zy‘ R¢zz'[‘u/zzy.t ami Canals, who has charge of the
Tntercolonial Railway between the city of Quebec, Halifax, and St.

MINISTERS NOT IN THE CABINET. 81

John, and all matters which the law entrusts to him in connection
with railwztys and canals throughout the Dominion.

I 3. ]WZ’7ll3‘l£7‘ of Cm/n//2:, who has management of the collection
of the duties of customs, and of all matters incident thereto.

14. Mzkiix/er of I/zian/Z [CM/eizite, who has management of the
collection of excise duties, of weights and measures, and of all
internal taxes generally.

15. ﬂfzbiisleroj’ Lrzéaur, whose duties are to act as arbitrator in
labour troubles, with power to intervene in strikes, where the
same affects industries ofa public and general good to Canada, etc.

(As this book is going to press the adding of another department
to be called Department of External Affairs to look after foreign
relations, is being discussed in official circles.)

In 1907 a department of mines was organized, but no
new minister was appointed, it comes under the super-
vision of one of the old departments. Ministers in
charge of departments receive $7,000 a year, and the
first minister an additional $5,000, besides the sessional
indemnity of $2,500. Each minister has a permanent
and non—po1itical deputy appointed by the crown.

4.—Ministers not in the Cabinet.

In I892 an effort was made to establish the English
practice of having subordinate ministers with seats in
parliainent, but not in the cabinet. Two controllers of
customs and inland revenue occupied this position for
some time, but in 1897 these departments were restored
to their former status (see above). The solicitor-general
is now alone at member of the government but not a privy
councillor and a member of the cabinet. He retires with
the government and must be elected on acceptance of
office.

5.——The Premier of the Cabinet.

As the members of 21 Cabinet only occupy office while
they retain the confidence of the lower house, the
majority necessarily sit in that body, though there is
alwzys a certain representation (from four to two), in the

82 EXECUTIVE POWER.

upper branch or senate. Since the commons hold the
purse strings, and directly represent the people, all the
most important departments, especially of ﬁnance and
revenue, must necessarily be represented in that branch.
The ministry, then, is practically a committee of the two
houses. its head is known as the “premier” or prime
minister, who, as the leader of a political party, and from
his commanding inﬂuence and ability, is in a position
to lead the houses and control the government of the
country. His title, however, is one unknown to the law,
thoughhorrowed from the English political system. It
originates from the fact that he is ﬁrst called upon by
the sovereign (or, in Canada, by her representative) to
form a ministry. The moment he is entrusted with this
high responsibility it is for him to choose such members
of his party as are likely to bring strength to the
government as a political body, and capacity to the
administration of public affairs. The governor-general,
on his recommendation, appoints these men to the
ministry. As a rule, on all matters of important public
policy the communications between the cabinet and
governor take place through the premier, its official
head. Every minister, however, has a right to com-
municate with the governor—general on ordinary depai-t~
mental matters. If the premier ‘dies or resigns the
cabinet is dissolved, and the ministers can only hold
oﬂice until a new premier is called to the public councils
by the representative of the crown. It is for the new
premier then to ask them to remain in ofﬁce, or to
accept their resignation. In case a government is
defeated in parliament, the premier must either resign
or else convince the governor-general that he is entitled

TI-IE GOVERNOR~GENl’2l{AL IN COUNCIL. 83

to a dissolution or general election on the ground that‘
the vote of censure does not represent the sentiment of
the country. ‘

6.—Rules and Usages of Parliamentary Gl~ove1’nment.

In the rules governing the formation of the cabinet,
its dissolution by death of the premier, its resignation
when defeated in the commons, and the relations
between the governor-general and his advisers, we see
the operation of the conventions, understandings and
maxims that have grown up in the course of time, and
make parliamentary government workable. These eon-
ventions, rules and usages are not “rules of law” in the
strict sense of the phrase. We do not find them laid
down in ‘the British North America Act, or in any
statute or law of England or of Canada. The courts
can hear and decide any case or action arising out of the
provisions of the written law of the constitution, but
they could not be asked to decide on such a matter as
the propriety of a ministry resigning on a hostile vote
in the peoples house. These conventions and under-
standings have now entered into the practice of parlia-
mentary government as absolutely essential to its
operation, and have now as much force in England and
the self-governing dependencies as any legal enactment,
since they have the sanction of public approval.

7.-The Governor-General in Council.

All orders in council, commissions, proclamations, and
other acts of executive authority, follow the course of
English precedent (see aéom, p. 52). The governor-
general in council means the, governongeneral acting

84 EXECUTXVE POWER.

by and with the advice of his committee of the privy
council of Canada—that is to say, the cabinet. Procla~
mations summoningr, proroguing and dissolving parlia-
ment, writs of election, and commissions to office must
be signed by the governor-general, countersigned by a.
minister or other proper officer, and bear the great seal
of Canada (see below, p. 86). On every executive act
there must be the evidence of ministerial responsibility
and authority.
8.—~Civil Service.

. The effectiveness of administration largely depends on
the conduct and ability of the civil service of Canada,
which is the term generally applied to all classes of
public officials and employees in the several departments
of the executive government. “ Civil service” is an old
English phrase, used to distinguish the subordinates in
the civil government from the naval and military services
of the country, and is now divided into the inside and
outside scrvice—the former being those under deputy
in departments and those in like positions, the latter
consisting of customs collectors, inspector, excisemcn,
appraisers, etc.

In 1908 a commission was established consisting of
two members appointed by the governor in council.
These commissioners hold ofﬁce during good behaviour
and are vested with powers of the former board of
examiners. Its duties are to test and pass on the
qualiﬁcations of candidates and to investgate and
report on the operation of the civil service act and
any violations thereto. The most important changes
introduced by this law besides the above are :–1.

THE CIVIL SERVICE. 85

Appointments to inside service by competitive cxami~
nation; 2. A reclassiﬁcation of the service. Candidates,
if successful, are received ‘on probation for six months,
lfnot rejected during this interval, they are considered
permanent, After they have been in two months and
before the six months have elapsed, the head of the
department may, on report of the deputy, declaring him
incompetent, reject anyone assigned to his department.
Promotions are made by the governor in council on
recommendation of the head of the department, based
on the report of the deputy and accompanied by
certiﬁcate of qualiﬁcation by the commission to be
given by it with or without examinations. City post-
masters, inspectors of post offices, inspectors, collectors
and prevcntivc* officers in the customs, inspectors of
weights and measures, deputy collectors, and preventive
ofﬁcers in the inland revenue department, may be and
are generally appointed without examination. These
oﬂiccs are given as rewards for political services. The
moment, however, these men are appointed and show
themselves capable in the discharge of their duties, they
become the servants of the people at large, and not of a
particular party or administration. Recognizing their
obligations in this respect, the public ofﬁcials of the
Dominion must keep aloof from party conﬂict and
intrigue, and conﬁne themselves to the legitimate func-
tions devolving upon them. Previous to 1898 all officials
of the civil service were entitled to a certain super~
annuation allowance on retiring from ofﬁce after a
service ﬁxed by law, but in that year the system was

*Preventive ofﬁcers are those whose duties are to prevent smuggling of
goods into Canada, that is to say, without paying the duty required bylaw.

86 EXECUTIVE POWER.

abolished. The present law simply forms a “retirement
fund,” created by the reservation of ﬁve per cent. out
of the salary of each ofﬁcial hereafter appointed ; on his
retirement the amount to his credit in the fund will be
payable to him. This applies to persons who entered
since 1898. Superannuation still in force for those who
were in the service before 1898. By the act of 1906,
these latter may choose to be placed under the retire-
ment fund system.

The auditor-general, who examines, and reports to
parliament on all public expenditures, occupies in the
public service the exceptional position of being re~
movable only on the address of the two houses.

Whatever defects may still exist in the rules and
practices that regulate the public service, it is not _too
much to say that the permanent officials of Canada are,
as a body, an industrious and efficient class, whose
services are indispensable to the administration of public
affairs.

9.—~Grea.t Seal of Canada.

By his majesty’s command the government of the
Dominion of Canada has authority to use a special great
seal,‘ composed of the royal efﬁgy, with appropriate
armorial surroundings and a combination of the arms of
the four provinces that first entered into a federal union,
The new seal consists of:—

The king seated upon the throne, crowned, and with orb and
sceptre in his hands. Placed, apparently, upon the straight stems
of two young oak trees on either side of him, the leaves and acorns
showing lJct\veen the shields, are four Mjﬁzzr/tie shields ; upon his
right hand hangs the coat of arms of Ontario, that of Nova Scotia
beneath it; on his left the shield of Quebec, with that of New
Brunswick below. Beneath his feet is a shield displaying his own

GREAT SEAL or CANADA. 87

coat ofarms, without supporters, crown, or motto ; in the tracery
above the throne or chair of state is the motto “Dieu et mon droit”
(God and my Right). In the circular margin of the whole seal, in
large letters: “Edwardus VII‘ Dei Graua, I3riltannarium ct ter-
rarum transnmrinarum quze in ditione sunt Britlannic;§. Rex, Fidel
Defensor, Inciiae Imperator” and just inside the outer circle at
foot of throne the words, “ In Canada Sigillum.” (“Edward VII,
by the grace of God, of the United Kingdom of Great Britain and
Ireland and of the British Dominions be) end the seas, king,
defender of the Faith, Emperor of India. Seal in Canada, 1904.”)

The illustration following will give a better idea of the
seal than a mere verbal description.

THE GREAT SEAL‘
This seal, in accordance with the usages of English
law, is the emblem of the royal authority in Canada, the

88 EXECUTIVE POWER.

evidence of the royal will and prerogative exercised
under the constitutional forms peculiar to our system of
government. We can trace the use of such a seal to
very early times in English history. Its keeper always
was and is still the lord high chancellor of England
—the highest judicial ofﬁcer of the crown-‘who origi«
nally was one of the clerks or secretaries of the king,
by whose order be affixed the seal to all official
documents of royal command. Absolute faith is given
to every paper that bears this seal. In Canada it is
affixed to proclamations summoning, proroguing and
dissolving parliament; to writs of election, commissions
of lieutenant-governors, judges, members of the privy
council, departmental ministers, speaker and members of
the senate, chief clerks of the two houses, deputy minis-
ters, and numerous other public ofﬁcers; and in short
to all official and executive acts of the king, done
under the authority of the governor-general in council.
All documents bearing the great seal must be counter-
signed by a crown officer or secretary of state.

‘ 10.——Dominion Coat of Arms.

The arms of the Dominion are composed of the arms
of the four original provinces—Ontario, Quebec, Nova
Scotia and New Bruns\vicl<—-quartered or combined in
one shield, as is shown next page and on ﬂag of governor-
general on another page (see ﬁe/ow, p. 90). It is not un-
usual to add the armorial bearings of the other provinces
that have been brought into the union since x867*—Prince
Edward Island, Manitoba, British Columbia, Alberta and

*All the arms of the provinces are given in the Fourth Part of this work.
Armorial ensigns were granted to Manitoba and Prince Edward Island in
1905, by royal warrant.

’ ‘ lii‘.%iillli.
1/It

DOMINION Cour or ARMS.

royal authority, and until this is so ordered the correct
and legal Dominion shield of arms is as stated above.

11.~Dominion Flags.

The famous English ﬂag commonly called the “ union
jack” is flown from all the fortresses and garrisons of
Canada, whether under the charge of imperial military
authorities or colonial militia forces. The union jack is
a. combination of three ﬂags. The red cross on the
white ground is for England, the white cross with the
arms placed diagonally on a blue ground for Scotland,
and the red cross with the arms placed diagonally on a
white ground for Ireland. It is seen on the ﬂags of
Canada illustrated on the following page.

90 EXECUTIVE POWER.

The Dominion of Canada. has also authority to dis-
play on all public occasions .1 national flag, viz., the
red or blue ensign, a. ﬂag of plain red or blue having the

THE RED Eusxcu or CANADA.

union jack in the upper “canton,” or corner next the
mast, and the Dominion coat of arms in the “ﬂy” or
field of the ﬂag.

FLAG or THE Gov Non-Gxmn-«AI.

The red ensign is displayed at the opening and closing
of parliament, and on national occasions, The blue

DOMINION FLAGS. 91

ensign is a distinguishing ﬂag of the government vessels

of Canada; the mercantile marine of the Dominion has

a right to use the red ensign.

The govemoi-gcneral has zcuthority to use a plain

union jack in the centre of which are the Dominion

arms, surrounded by a garland of maple leaves and sur-
mounted by a crown, as we show on the preceding page.
Imperial regulations at present for some reason limit the
use of this ﬂag to occasions when the governor—general
is “embarked in boats and other vessels.” The union
jack is ordered to be ﬂown ‘at the government house at
Ottawa on ordinary occasions; the royal standard at the
government houses at Ottawa and Quebec, and at the
citadels in Quebec and Halifax on the king’s birthday
and on the days of his majesty’s accession and coronation.
On the.Toronto government house the private ﬂag of the
lietltenant-governor (sec ﬁe/aru, p. I 53) is used, and other
lieutcnant~gov<-zrnors have presumably the same right,
though the union jack is ﬂown on ordinary occasions at
Quebec. This provincial capital appears also, as I have
shown, to occupy an exceptional position with respect to
the uses of the royal standard.

<>»—¢H Hm<W

[991

CHAPTER II.
THE DOMINION GOVERNMENT: LEGISLATIVE rowan.

I. Semzle.—2. Home of Comvzms.-3. Sjﬁealeer af I/ze Hausa aj
Czmzmom.-—¢. Oﬂcerx af 1122 Haures.

We have now to review the nature of the functions of
the senate and house of commons, who, with the king
(represented by a governor—general), constitute the parlia-

ment of Canada.

1.~The Senate.

Two houses always formed part of the provincial
legislatures of British North America from I 791 until
1867, when Ontario, whose example has been followed by
the majority of the other provinces of the confederation,
decided to conﬁne her legislature to an elected assembly
and the licutenan’c—governor. The upper house or senate

of the Canadian parliament bears a name which goes –

back to the clays of ancient Rome, and also invites
comparison with the distinguished body which forms so
importantapart of the congress or national legislature
of the United States; but neither in its constitution nor
in other respects does it resemble those great assemblies.

Three great divisions of Canada, (I) Maritime Pro-
vinces, (2) Ontario, and (3) Quebec, were in 1867 each
given an equal representation of twenty—four members
with the hope of affording a special protection to their

[93]

94 LEGISLATIVE POWER.

representative interests in the upper house. Since
1867 the entrance of other provinces and the division
of the Northwest Territories into districts has dis-
turbed this equality and brought the number of
senators up to eighty-seven in all. Provinces of
Alberta and Saskatchewan were each given four
senators at time of their coming into federation,
and provision is made for an increase to six at
the next census, or an adjustment according to
population. The senators are appointed under the
great seal of Canada, by the governor-general, on the
recommendation of his privy council, and must be of
the full age of thirty years, and have real and personal
property worth four thousand dollars over and above
their liabilities. The president or speaker of the house
is appointed by the governor—general in council. In
legislation the senate has the same powers as the house
of commons, except with respect to bills or measures
imposing taxes, or expending the public moneys which
are the proceeds of taxes on the people. Such measures
should commence in the lower or commons’ house (see

– éelvw, p. I I7) and’ the senate cannot even amend or make

changes therein. Divorce bills are always presented first
in the senate, but this is” simply as a matter of con-
venience; it has no greater legal power in this respect
than the commons. The senators of the province of
Quebec must reside in the divisions for which they are
chosen, or have their property qualiﬁcation thereinwa
provision intended to maintain French Canadian repre-
sentation in the upper housc—but in the case of the other
provinces the law simply requires that members reside
within their province. If a member becomes bankrupt,

HOUSE 01″‘ COMMONS. 95

or if he is absent for two sessions, or if he becomes 21
citizen of another country, or if he is convicted of crime,
his seat will be declared vacant.

2.—House of Commons.

It is in the commons or elected house of parliament
that political power rests. Its majority makes and un-
makcs cabinets. No ministry can remain in ofﬁce without
its support and conﬁdence. For some years the number
of members representing all the provinces amounted to
two hunclred and fourteen, but by 67, Ed. Vf], after the
taking of the last census of the population of Canada, the
representation has been rearranged as follows:

Pkovn»-cl-.. nmmm.

Ontario . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Quebec . . . . . . . . . . . . . . . . . . . i . . . . . . 65
Nov:-LScotia…_, , . . . . . . . . . . . . . . .. 18
New Brunswicl . I3
Manitoba . . . . . . . , . . . . . . . . . . . . . . . . I0
British Columbia . . . . . . . . . . i , . . . . . . 7
Prince Edward Island . . . . . . . . . . . . , . 4,
Saskatcliewan . . . . . IO
Alberta. . . 7
Yukon Territory . . . . . . . . . . . . . . . . . . I

221

In the case of the two last provinces, provision is made
for a readjustinent of representation after next census.

The representation must be readjusted after e\=cry_

census, which is taken every ten years—the last in xgoi.
The British North America Act provides that the
French Canadian Province of Quebec must have always
a ﬁxed number of sixty~ﬁve members, and each of the
other provinces is assigned such a number of members

_,.
PART or ‘1)-IE INTERIOR OF THE Hovszs or Comions, OITAWA.

I96]

SPEAKER OF THE HOUSE. 97

as bears the same proportion to the number of its popu-
lation as the number _sixty—ﬁVe bears to the population
of Quebec when ascertained by the census. British
Columbia, under the terms of union, cannot have her
representation reduced below six. Under the census of
1901, one member has been given to every 25,100
persons throughout the Dominion—in other words,
that is the unit of representation until rearranged in
accordance with the census of I9II.

No property qualiﬁcation is now required from a
member of the house of commons, but he must be a
British subject by bir_th or natura1ization—-that is to say,
he must have taken the oath of allegiance as a British
subject after living in the country three years under the
law. He must not be a person convicted of crime, as
the house would in such cases expel him. If he becomes
insane, his seat is vacant under the general political law.
He need not reside in the district for which he is elected
to parliament. He receives, and so do senators, ﬁfteen
hundred dollars as an indemnity or allowance if the
session exceeds thirty days in length, and ten cents a.
mile each way for travelling expenses, computed by the
shortest postal route.

3.—-Speaker of the House.

The speaker of the commons, or the permanent chair-
man—an office of great dignity and responsibility—is
elected by the members of the commons on the first day
of a new parliament, or whenever a vacancy occurs by
death or resignation. He is assisted by a deputy-
speaker, also elected every new parliament or in case of

98 LEGISLATIVE POWER.

avacancy, and who presides over what are called com-
mittees of the whole, 212., the house without the speaker
in the chair.

4.—Oﬂ3cers of the Houses.

In cach house there is a clerk or chief ofﬁcer appointed
by the governor-general in council, and having the assist-
ance of a large number of officers and clerks who, under
his direction, write the journals, attend committees, trans-
late the public documents, and discharge the countless
clerical‘ duties of a legislative department.

French or English may be spoken in debate in either
house, and must be used in all the laws and records.
All the debates are reported by an official body of Sl‘lOl‘t-
hand writers; in the commons they appear daily in the
two laiiguages.

The serjeant—at—arrns is the principal executive officer
of the commons, who has charge of messengers and
pages, looks after the furniture of the house and offices.
arrests offenders against the privileges of the house, and
carries the macc—z1 gilt emblem of the authority of the
house—beforc the speaker on ofﬁcial occasions when
parliament is sitting. In addition to a serjeantrat-arms,
the senate has also a gentleman usher of the black
rod, who is the officer commanded by the governor-
general to summon the commons to attend him in the
senate chamber at the beginning or end of a session of
parliament.

CHAPTER III.
THE DOMINION GOVERNMENT: LEGISLATIVE POWER—Co7ztr.’mm2’.

5. .Z7omz‘m‘zm Frzmt/;z’r2.—6. Haw Eletlinm are HeZa’,—7. JIM!-
mg af I’ozrZitzIIze‘7z!.—~:S’. E14:/z’orz: rzﬂar zz General ]5Z2m’o;z.——
9. Outﬂ of A/Zcgz’zm:e.~la. Izzzfepmzierzte of Parlzimmzt ram!
C‘or:’1(,4//I Practices.

5.~Dominion Franchise or Voter-’s Quaﬁﬁeations.

Previous to 1885, the franchise for the several pro-
vincial legislaturcs was the franchise for the house of
commons, but in that year, after a very protracted
debate, an electoral franchise act was passed by parlizw
ment for the whole Dominion. The franchise, though
somewhat complicated in its details and expensive in its
machinery, was so broad as to be on the very border of
universal franchise. All persons must be registered on
a list of voters, prepared in accordance with the law, of
which the following is a summary:

All qualiﬁed male persons, who are British subjects by birth or
naturalization of the full age of twenty-one years, not insane, idiots
or convicts in prisons, or otherwise disqualiﬁed by law, can vote on
the following conditions 2

1. When the owner of real property (that is land or buildings) to
the actual value of

$300 in cities,
$200 in towns,
$150 in other districts.
When the actual occupant or tenant of real property valued in
cities, towns, and other districts as above, and in possession of
[99]

I00 LEGISLATIVE POWER.

such property for one year before being placed on the list of voters.
In the foregoing cases owner and occupant means a person who
owns or occupies property in his own right or in right of his wife.

2. When a resident within an electoral district with an income or
yearly earnings of at least $300 from some profession, ofﬁce, trade
or investment in Canada, provided he has been a resident for one
year before being placed on the list, or before the date of the appli-
cation for that purpose.

3. When in receipt of a /zfe ammzz’z‘y, that is, an income paid him
for every year of his life, secured on real estate in Canada, to, the
value of $100 in money or money’s wortln

4. A {armer’s son, who does not vote under the foregoing pro~
visions, has a vote, if for one year before being placed on the list
he has resided with his father or mother on a farm, or other real
property, which, equally divided among the father or mother and
one or more sons, is sufficient to give father, son or sons, each a
vote unclcr the values given above as owners or occupants of real
property (see «bow, sections I and 2).

5. When sons of owners of real property, not a farm, on similar
conditions as a farnier’s son, just stated (see rzém/5, section 4).

6. When a tenant or occupant of real property, who has been
in possession of the same one year before being placed on the list,
and pays a rental of $2 monthly, $6 quarterly, $12 half~yearly, or
$20 yearly.

7. When a ﬁsherman, resident in the electoral district and
owner of real property and boats, nets, ﬁshing gear and tackle, or
share or shares in 21 registered ship to the actual value of at least
$150.

8. When an Indian (except in Manitoba, Keewatin, British
Columbia or the Northwest Territories, where the Indians have no
votes) in possession and occupation ofa distinct tract ofland in an
Indian reserve, the improvements on which are valued at fully
$150, or who is otherwise qualiﬁed under the law.

This franchise was abolished in 1898 by the Laurier
Liberal Government, who restored the provincial lists

$2-.’-‘ow…

IIOVV ELECTIONS ARE HELD. IOI

(see ée/ow, pp. 160, 161) for purposes of dominion
election, with some modiﬁcations in order to make the
franchise more workable in Prince Edward Island and
elsewhere. Under the present law manhood sufﬁnge,
qualiﬁed by residence and British citizenship, and sub-
ject to certain laws as to registration, practically now
exists in all the provinces. Quebec and Nova Scotia
require a small property or income qualiﬁcation, but so
small, as to practically exclude no one. Superior and
county court judges cannot vote, but the dominion law
does not allow any provincial statute to disqualify
dominion officials in the case of dominion elections.
As shown later, the ballot system prevails throughout
Canada in provincial as well as dominion elections.

6.—How Elections are Held.

General elections are held on the same day throughout
the dominion ; exception, however, is made in the case of
such large, remote districts as Cariboo, Burrard and Yale,
in the province of British Columbia; Algoma, in the pro-
vince of Ontario; Gaspé, Chicoutimi and Saguenay, in
the province of Quebec, and the Yukon Territory, where
the returning ofﬁcers shall fix the day as the law pro-
vicles—the object being to give all the electors in those
constituencies full opportunity to record their votes.

When a general election has been decided on at a
cabinet meeting, the premier so advises the governor-
gcneral, and if the latter sees no constitutional objection
(see M07/e, p. 76), parliament is dissolved by a pro-
clamation in -the name of the king, the head of the
executive authority, who alone can summon, prorogue,
or dissolve the legislature. Another proclamation
authorizes the issue of the writs of election, or order to

I02 LEGISLATIVE POWER.

the returning ofﬁcer in each constituency or district that
elects a member, ﬁxing the date of the nomination of
candidates. Any twenty—ﬁve eleczars (see franchise act,
Move, p. 99), may nominate a candidate for the house
of commons by signing a paper in the form required by
law, and depositing $200 with the returning ofﬂcer, who
shall return the same to the candidate in case of his
election or of his obtaining at least one half of the votes
polled in favour of the candidate elected, but otherwise
the deposit goes into the public revenues. When there
is no opposition to a candidate he is declared duly
returned by the returning officer at the close of the time
allowed for nominations. In case of an election, it takes
place, except in the remote and thinly settled districts
mentioned above (see p. 101), on the seventh day after
nomination day, or on the following day when the
seventh is Sunday or a statutory holiday. The places
where the votes are taken are duly advertised under the
law, and proper means taken to secure a full and correct
poll. All votes are taken by ballot.

In each polling place or station there is a register of
persons qualiﬁed to vote at the election, and when the
name of a person presenting himself to vote is found
therein, he receives a ballot paper from the deputy
returning officer, on the back of which the latter has put
his initials previously, so that they can be seen when the
ballot is folded. On the back of the counterfoil (see
form next page) attached to each ballot there is placed
a number corresponding with one placed opposite the
voter’s name in the poll book.

I-IOVV ELECTIONS ARE HELD. 103

The following is now the legal form of a ballot paper
for the dominion elections:

WM. R. BROWN ‘
1 of the City of Ottawa, Barrlmr.

STUB

FRANK HAMON
of the City ofomwn, Artist

= 2

JOSEPH O’NEIL
3 of thc City of our ‘a-, Gentleman.

COUNTERFOIL

JOHN R. SMITH
of the City of Ottawa, Merchant.

STUB

These ballot papers are kept in a book in each polling division,
and contain a slab (white perpendicular space shown above) and‘

a mm:/e7foz‘Z (black perpendicular space shown above). Both the
stub and counterfoil are numbered on the back, and can be sepa-
rated from the ballot paper by a line of perfomtions between the
counterfoil and the stub, and between the counterfoil and the ballot

I04 LEGISLATIVE POWER.

paper. The stub is separated when the voter receives the paper,
and its number is compared with that on the counterfoil when the
vote is given as below.

The elector then proceeds alone into one of the com-
partments of the station, where he can Jezre/[11 mark his
ballot paper. He makes a cross with a black lead pencil
within the white space (see ballot marked accordingly)
in the division containing the name of the candidate for
whom he has decided to vote. In case there are more
than one member to be returned for the district—as in
the city of Ottawa, for instance~—~he makes a mark
opposite each name of his chosen candidates. He then
folds up the ballot paper so that the initials and stamp
on the back, and number on counterfoil, can be seen
without opening it. He must hand the paper, so folded,
to the returning officer, who shall examine the initials,
stamp, and number on counter-foil, so that he may ascer-
tain ifit is the same paper he gave the elector. Ifit be
so, he shall tear off‘ and destroy the counterfoil, place
the ballot paper in the ballot box provided for that
purpose, and always kept locked during the voting, in
the presence of the voter.

At the close of the poll or voting, which is ﬁxed by
law from 9 o’clocl< in the morning without interruption, until 5 o’clock in the afternoon of election day, the deputy returning ofﬁcer in each polling place must count the ballots in the manner prescribed by law, and place his statement of the number of ballot papers and all papers in his possession relating to the election, in the ballot box, which will be locked and sealed and sent to the chief returning oﬂ-icer. The latter will open all the MEETING OF PARLIAMENT. 105 boxes and sum up the votes for each candidate as given in the statements of his deputies. He will declare the candidate having the rnajority of votes duly elected; but in case of an equality or tie of votes, he shall give an additional or casting vote to decide an election. Immedi- ately after the sixth day after the ﬁnal addition of votes of the respective candidates, unless before that time he receives notice there is to be a recount of votes by a judge, as provided by the law, he must transmit his return to the clerk of the crown in chanccry at Ottawa, that a certain candidate or candidates have been elected. The clerk of the crown must publish the names of such mem- bers elect in the Caizadzz Gazette or official paper of the Dominion as soon as he receives them. ‘7.—Meeting of Parliament. The proclamation of the governor~general ordering a general election (see abzzz/e, p. IOI) sets forth the date when all the writs of election must be returned by the returning ofﬁccrs to whom they have bcensent. Parlia- ment is called together for the “despatch of business” in another proclamation from the governor-general by the advice of his council. The cro\vn’s action is guided in this respect by the provision in the constitutional act of 1867 that there must be a session of parliament once at least in every year. In other words, twelve months cannot pass between the close of one session and the beginning of another session of parliament. The length of a parliament, that is to say, of all its sessions—can- not exceed ﬁve years altogether. But the crown may dissolve at any time during the ﬁve years when it I05 LEGISLATIVE POWER. is deemed expedient to appeal to the people, but this power should not be rashly or indiscreetly exercised. 8.——Electior1s after a, General Election. In the foregoing paragraphs I have given some ex- planations as to the way a geneml 5’/ectio/L is conducted. In case a member, after a general election, resigns or dies, or his seat is declared vacant by a court of law (see éalaw, p. 107), the crown does not issue a writ of election until the speaker of the commons, or other authority ﬁxed by law, has issued a warrant——that is, an order to the clerk of the crown in chancery to issue a writ for an election. This writ goes to a returning oﬂficer appointed, as in all cases, by the governor-general in council. The proceedings with respect to nomination, election, voting by ballot, certiﬁcate of return of successful candidate, are the same in a special case as in that of a general election, described above. 9.——-Oath of Allegiance. All members elected to the house of commons, as well as senators appointed by the governor-general, are required by the law to take the following oath of allegiance before they can sit in either house of parlia- ment :— “ I, A.I3., do swear that I u ill be faithful and bear true allegiance to his majesty King Edward VII.” Each new member of the senate and commons signs a roll with his name after taking the oath. The clerk and certain officers of the two houses are authorized by 21 commission from the governor—gencral to administer this oath. INDEPENDENCE OF PARLIAMENT. I07 10.—~La.ws Respecting Independence of Parliament and Corrupt Practices at Elections. The laws for the preservation of the independence of parliament and the prevention of corrupt practices at elections are very strict, and practically in principle and details those in force in England. The acceptance by a member of the house of commons of an office of einolument or proﬁt from the crown shall thereby vacate his seat. Members of that house, when called to the government as heads of departments, must at once resign their seats and be re-elected, though an exchange of. offices can take place between ministers after their election under the conditions laid down in the law. All officers of the public service and contractors with the government are forbidden to sit in parliaincnt——an exception being made, as in England, of ofﬁcers in the military service. Since 1874 the house has given up its jurisdiction over the trial of controverted or disputed elections, which previously had been considered by committees exposed to all the insidious inﬂuences of purely political bodies. The courts in the several provinces are new the tribunals for the trial of all such contested elections; and the results have so far in Canada, as in England, been decidedly in the public interests. The laws for the prevention of bribery and corruption are exceedingly strict; and members are constantly unseated for the most trivial breaches of the law, often committed by their agents through ignorance or carelessness. The expenses of candidates must be published by their legal agents after the election. The whole intent of the law is to make elections as economical I08 LEGISLATIVE POWER. as possible, and diminish corruption. A candidate may be disqualiﬁed from sitting in the commons, or voting, or holding any office in the gift of the crown, for seven years, when he is proved personally guilty of bribery, and the voters in a constituency may be also severely punished when corruption is proved against them. CHAPTER IV. THE DOMINION GOVERNMENT: LEGISLATIVE POWER-Cmtz’m1eti. I1. Method: of Conduclmg 1>‘1¢rz’m:r a2z(ZDe1laz‘e : Motz’ons, Dehzle,
Azljamvmmzz‘, 1)z’7/z’.vz‘mz.9, i’e/2’/22771:, Praz/2702:: Qzzesﬁzm, Bills,
Ma/:0 /Waiters, T/In Zmrlgzf, Goz‘7zg into Szzjply, Salem‘
Co/m/zz’ltm‘.—-12. Proragaizbzz.

11.—Methods of Conducting Business and Debate in
Parliament.
The methods of business which the houses follow are

intended to promote the despatch and efﬁciency of
legislation. Their rules and usages are, in all essential

particulars, derived from those of the English parliament.

On the day parliament has been summoned by the
crown to meet, the governor-—genei’al, either in person
or by deputy—-generally the chief justice of Canada, or
other judge of the supreme court of Canacla——~procceds
to the upper chamber and there, seated on the throne,
reads in the two languages the speech, in which his
government set forth the principal measures which they
purpose to present during the session. This speech,
which is generally a concise and short document, is con-
sidered as soon as possible in the two houses. As soon
as the formal answer to the address has been passed,
the houses proceed to appoint the committees, and
commence the regular business of the session. The
proceedings commence every day with prayers, taken

[I09]

I I0 LEGISLATIVE POWER.

from the Church of England liturgy, and are read by the
speaker of the commons in English or French according
to his nationality, and by a paid chaplain in the senate.
The rules of the two houses do not vary much with
respect to the conduct of business.

THE FOLLOWING IS A SUMMARY OF THE LEADING
RULES AND USAGES OF PARLIAMENT :»«

.Maz‘z’om.——Wl1en a member wishes to obtain the
opinion of the house on a question, he gives notice of a
motion which appears after two days on the daily order
of business. It must state clearly the nature of the
question, and be seconded by another member. VV hen
it has been proposed, or in other words read, by the
speaker from the chair, it is open to amendment and
debate. An amendment is also a motion, but no notice
need be given of it. Only two amendments to a motion
can be under consideration at one time, but if‘ one is

rejected by the house another can be proposed, provided

it is not the same as that on which the house has already
expressed its opinion.

Delmle.-—The miles with respect to debate are neces
sarily strict. No member can speak except to a
motion which is in regular form before the house——-that
is to say, read by the speaker from the chair, when it
becomes a “question” for debate. A reply is only
allowed, by courtesy, to the member who has proposed
a distinct motion or question, and not to one who has
made an amendment. But directly .a new question
has been proposed, as “that this house adjourn,”
“the previous question,” or an amendment, members

METHOD OF BUSINESS. III
are allowed to speak again, as the rule only applies
strictly to the prevention of more than one speech to
each separate question proposed. Members, as a rule,
sit with their hats on or off as they may please, but the
moment” they rise to speak they must uncover and
address themselves to the chair. If any member should
inadvertently say “Gentlemen,” instead of “Mr. Speaker,”
he will be called to order, though in the senate a speaker
addresses himself to “Honourable Gentlemen.” Whilst
a member is speaking no one is allowed to interrupt
him, except with his own« consent, or he has infringed a
point of order, and no one should pass between him and
the chair, because he is supposed to be addressing himl
self particularly to the speaker. Any offensive allusions
against the house, or any member thereof, are not per~
missible. No member must be referred to by name,
but every one disappears for the time being under the
title of “honourable member for Toronto.” or whatever
the name of his constituency may be, and this rule, like
so many others, has for its objects the repression of per-
sonalities,’and the temperate, calm conduct of debate.
No reflection must be cast on.the upper house. Many
other rules exist, having for their object the keeping of
debate within moderate bounds, but it is not possible to
review them in a brief sketch of this character.

Azz9’our7mze72t of Home or Dc&zztz.——The motion “ T/mt
I‘/:5 /muse do now ¢Zd_/(7Il77t” is always in order, and if carried
sets aside the question under discussion. The motion
“ T/mi Z/ze deﬁate ée at?/ourrzezi” is also in, order when a
“ question” is under debate, and if it is carried the
“ question ” goes over until another day.

II2 ‘ LEGISLATIVE POVVER.

But if a motion for the adjournment of the house or of
the debate is lost, then the debate on the question con-
tinues as if the former had never been made. But these
motions can be renewed when a new question or motion
is proposed at the same sitting of the house.

Putting 2‘/ze Quesizbrz (ma? ])z’712’a’z’¢zg z‘/ze ffa2¢:2.—When
the debate on a motion or question is at an end, the
speaker calls for the opinion of the house. He “puts”
the question in this way: he will first read the motion
and then say : _

“Is it the pleasure of the house to adopt the motion
(or amendment as the case maybe)?” Those who are in
favour of the motion (or amendment) will say “ yea ”
(“ content” in the senate); those who are of the contrary
opinion will say “nay” (“non«content” in the senate).
Members then call out “yea” or “nay” (“ content” or
“non-content” in the senate), and the speaker will
decide from those voices——“I think that the ‘yeas’
(‘contents’) have it,” or “I think that the ‘nays’ (‘non-
contents’) have it.” Or, if he is in doubt, he will say,
“I cannot decide.” Then a division takes place.
Members are called in by the serjeant-at—arms and
messengers, and when they are in their places the
speaker again reads the question and says :

“Those who are in favour of the motion will stand
up.”

A clerk then calls the name of each member as he
stands up in his place, and it is recorded by the chief
clerk at the table on a printed list before him. When
the “yeas” are all recorded in this way, the speaker

METHOD OF BUSINESS. I13

calls upon the “nays” to rise, and when they are all
duly entered, the chief clerk counts up the votes on both
sides, and calls out the total number. The speaker then
declares the question “lost” or “carried,” according as
the house has decided by the number of votes recorded.

If there is a main motion or ﬁrst question, an amend-
ment thereto, or second question, and also an amend-
ment to that amendment, or third question, the speaker
takes the opinion of the house, ﬁrst on the amendment
to the amendment, or third question; second, if that
be lost, then on the amendment, or second question, and
third, if that be lost, on the main motion or ﬁrst ques—
tion proposed to the house.

Pez‘zﬁa7zr.—Eve1’y person has a right to petition parlia-
ment in respectful language on any question which
comes within the right of parliament to deal with.
Such petitions are presented by a member in his place,
and must be signed by the person petitioning on the
same sheet containing the prayer of the petition. If
there are more than three petitioners then the names of
three must appear on the sheet having the prayer.
Every signature must be written by the person applying
to parliament, but the petition itself may be printed in
French or Englisli. No appendices or papers can be
attached thereto; no words can be rubbed out, or
written between the lines. ‘

Every petition to the two houses should commence
with this form :

“ To the honourable the senate (or house of commons, as the
case may be) in parliament assembled.

“ The petition of the undersigned humbly sheweth.”

I I4. LEGISLATIVE POWER.

Then follows the nature of the petition. The conclusion should
be a prayer, or EL statement shortly summing up the previous part
in these words :

“Wherefore your petitioners humbly pray that your honourable
house will (here sum up object ofpetition). “And your petitioners
as in duty bound will ever pray.” Then come the signatures.

In case a petitioner requires a grant of money from
the government he should send a petition, not to the
house, which cannot receive such petitions, but

“To his excellency the governor-general in council,”
etc. I

This memorial or petition should follow the foregoing
form.

It should be sent to the member for the electoral
district interested, to forward to “ The honourable the
secretary of state for Canada, Ottawa,” or the petitioner
can send it direct himself to the minister in question.

Petitions, however, framed in general terms, and not
asking a money grant in direct terms, can be sent to the
two houses through a member.

Prawiozzr Q2zzrZz’o7z.—This proceeding is an ingenious,
though to many persons a perplexing, method of pre-
venting an amendment being moved to a motion, and of
coming to or avoiding a direct vote on that motion. It
is proposed in the form, “That the question (z’.e., the
motion under consideration) be ﬂaw put.” The debate
then continues as before on the original or main question,
and when it is concluded 21 ‘vote is taken on the “pre-
vious question,” as just stated. If the “previous question”
is decided in the aﬂﬁrmative, a vote must be taken

METHOD OF BUSINESS. II5

immediately on the original question, If the “previous
question” is decided in the negative, no vote can be
taken on the original question, which disappears for
the time being, since the house has decided by its
vote that the question shall not new be put, The
important distinction between the “previous question”
in the Canadian parliament and the United States con»
gress is that in the latter debate is closed when it is
ordered, while in the former body discussion still con-
tinues on the question at issue.

B27/5.—A mere resolution of the house only binds itself,
and when it is necessary to make a law obligatory upon
all the people of Canada, a bill must be introduced, and
passed through several stages in the two chambers.
Then it receives the assent of the king, through the
governor—general, and becomes a statute or legal enact-
ment. A bill is, generally spealdng, divided into several
distinct parts: (1) the title; (2) the preamble and state
ment of the enacting authority, (3) the body of the act,
consisting of one or more propositions, known as clauses
or sections; (4) the schedulcs—the latter containing legal
forms, documents, etc.,mentioned in the body of the bill,
and only necessary in certain cases. Bills are either
;>u(}1z’£—tl1atis to say, dealing with matters ofa public or
general nature; or ﬁrzi/az‘2—~that is to say, relating to the
affairs of corporations, companies, or individuals. The
former class are introduced on motion in the ordinary
way, “That leave be given to introduce a bill” (here
follows title); but the latter must be brought up after a
petition and a notice in the Gazezte and local papers in
accordance with strict rules, intended to give all persons

I I6 LEGISLATIVE POWER.

interested in the scheme full knowledge of the proposed
legislation. Private bills, when presented, must also be
rigidly subject to the scrutiny of select committees for
the reason just stated; and these committees consequently
are clothed with a certain judicial character in cases of
controversy. But all bills, public and private, must be
read three times in each house, as well as considered in
committee of the whole. The second reading is the stage
when the principle or policy or necessity of the measure
is discussed in the case of public billsmthough not
necessarily so as respects private bills—while the
committee of the whole allows a free and full discussion
of the clauses or provisions, without a limitation of the
number of speeches on one question or motion. When
a bill has passed the commons it is sent to the senate for
its agreement, and as soon as that body has also subjected
it to the stages mentioned above, it is ready for the
assent of the crown. In case of amendments by one
house they must be agreed to by the other. If there is
no such agreement, the bill drops for the session. As a
rule, an interval of a day should elapse between the
different stages of a bill, especially when it involves a
tax or money vote. Wlien it is ﬁnally passed and
becomes law, it bears the signatures of the clerks of
the two houses and of his excelleney the governor-
gcneral on the back.

Illmzey 1l[m‘2‘ers.—The most important duties of the
house are in connection with money matters. Here the
constitution and the rules of parliament have imposed
many guards and checks upon hasty expenditures or the
imposition of taxes without due notice and consideration.

METHOD OF BUSINESS. I17

By the Union Act any measures for appropriating any
In part of the public revenue, or for imposing any tax or
ii impost, must originate in the house of commons. The
/‘ house itself is restrained by the same act. It cannot
l

adopt or pass “any vote, resolution, address or bill for
1 the appropriation of any part of the public revenue, or of
i any tax or impost, to any purpose that has not been ﬁrst
i recommended to the house bya message of the govemor—
,‘ general.” A rule of the house itself declares that if any
I motion be made in the house for any public aid or
; charge upon the people, “ the consideration or debate
§ thereof may not be presently (immediately) entered upon,
5 but shall be adjourned until such further day as the
i house shall think fit to appoint; and then it shall be
i referred to a committee of the whole house before any
I resolution or vote of the house do pass thereon.” It
, follows from what precedes that no private member is
l permitted to propose a dominion tax upon the people,
l or to introduce a bill providing for a public grant; such
,‘ measures must be commenced by ministers of the crown
i in the shape of resolutions which are to be considered, in
I committee of the whole, and when adopted form the
= foundation of a bill. ‘
The committees of supply and ways and means are
‘ the constitutional mode of providing‘ for public expendi-
tures. These committees are appointed at the beginning
of every session, when an address has been passed in
answer to the governors speech. As soon as the com-
mittee of supply has been formed, and the government
are ready, they bring down a message from his excel-
lency with the estimates of the sums required for the

I I3 LEGISLATIVE POWER.

public service for the neiit ﬁnancial year, which com~
mences on the 1st of July and ends on the next goth
June.

These estimates contain several hundred votes arranged
in the order of the various public services. For instance-
expenses of departments of government, militia, peniten-
tiaries, administration of justice, immigration, Indians,
public works, railways and canals, quarantine and the nu-
merous other subjects for which parliament votes annu-
ally large sums of the public money. Thesecstimates
contain the expenditures for the current and the previous
year in parallel columns, for purposes of comparison, and
it is the duty of the minister responsible for a particular
expenditure to give full. explanations on the subject
when they are demanded by the house. As every vote
is carefully considered a Very considerable part of the
session is occupied by debates on this important com-
mittee, over which a permanent chairman, who is also
the deputy speaker, or another member in his absence,
presides.

The rules for proceeding in the committees of supply
and ways and means are precisely similar to those

. obseiyecl in other committees of the whole house. Mem-

bers are not conﬁned to one speech, but may address the
committee as often as they please on a particular reso-
lution. The chairman acts as speaker and decides all
questions of order. After the budget (see next page) is
formally before the house. and the leading members on
both sides have made their speeches on the commercial
and ﬁnancial state of the country, the committee of
supply meets regularly and disposes of a. large amount

METI-I(_JD OF BUSINESS. I19

of money at every session ; but every vote is very care-
fully scrutinized and the fullest explanations are demand-
ed from the government, who, on such occasions, have
to perform the most difficult and wearisome part of their
legislative duties. Resolutions agreed to in committee
are reported to the house, but they are not received until
a later day. When the committee of supply has finished
its labours, and all the money votes have been adopted
by the house, the committee of ways and means passes
certain resolutions which provide for the grants shown
to be necessary by the ﬁt-st—mentioned committee; and
then a bill, called the supply or appropriation bill, is
introduced by the government to carry out the resolu-
tions. When this important bill has passed the usual
stages, it is sent up to the senate, where, however, it is
never altered, in accordance with constitutional usage,
On its return to the commons, it is carried up by the
speaker to the senate chamber. When his excellency
has assented to the bills passed by parliament during the
session (always in the l<ing’s name), the speaker of the commons addresses his excellency, and asks for an assent to the supply bill, and this assent is grantecl with the usual formula: “In his majesty’s name, his excellcncy the governongeneral thanks his loyal sub— jects, accepts their benevolence, and assents to this bill.” T/ze Buzz’get.-VVl1en the estimates have been brought in it is the duty of the finance minister to make his ﬁnancial statement, or, in parliamentary phrase, present the “budget.” This familiar word is derived from the French and means “a bag;” in making his statement, the ﬁnance minister 01272: the money bag of the people, I20 LEGISLATIVE POWER. as it were, and shows them its contents, and what is most important /zazo next.’ to ﬁll it. He will on this occasion review the expenditure of the past, and esti- mate that for the following year, give his opinion on the ﬁnancial situation, and lay before the house a state— ment of any scheme of taxation that the government may have decided on, or of any changes that may be deemed necessary in the existing tariff. One of the most important and interesting debates of the session generally takes place after the delivery of this speech. Qzzestzbns am’ Motions on going z’m‘o Suppl;/.——Froin the beginning of the session, members ask questions of the government on every imaginable public topic, and make formal motions for papers relating to matters of general or local interest. All such motions and inquiries are made after two days’ notice; for the rules are very properly framed so as to prevent surprises, and give the house due information of the business to come daily before it. But in the Canadian house there are certain methods which enable members to move motions or ask questions without number, and even without notice. It is always open to a member to bring up an important question imme-diately—except, of course, when there is a subject under consideration~—and debate it at any length on a motion for the adjournment of the house. Then, as soon as committee of supply is moved on any day, a member may make a motion on any question he wishes, unless it refers to the votes to be discussed in supply. As the rules do not permit any amendment to be made to a motion at such a stage, “the previous ques- tion,” in the English parliamentary sense, is practically in force and it is possible to get a direct vote on an issue, METHOD OF BUSINESS. I21 without the evasions that amendments offer on other occasions. While in ‘the case of all bills and other motions, amendments must be relevant to the question, members can here bring up any subject they please. This is a practice which has its historical origin in the fact that in old times, when the English parliamentary system was developing itself, the people’s representatives laid down the principle that the king must redress their grievances before they should grant him the supply he asked from the nation. Those times have long since passed away and the people now fully control all taxes and expenditures, but the crown still asks for money through the ministers, and the Commons grant it in due form. It is no longer necessary to threaten the crown with a refusal of supplies unless the peoples grievances are redressed ; but still they can refuse it to an unfaithful govern- ment should the necessity arise. As a matter of fact, should the government be defeated in a session before supply is voted, the house would pass only such votes as are necessary to meet the actual wants of the public service, and leave the whole question of supply open until the crisis is over and there is in office a ministry which has the conﬁdence of the house and country. Se/2:2 Com72zz’Zzees.—Mucli of the business of the two houses is first discussed and deliberately considered in small bodies of members, varying in number, and chosen on a motion duly made and seconded. Bills, public and private, are sent to these committees, which must report for or against them in all cases. In these select bodies, no bill or question can be considered except it is referred to them by the house. Members can speak as often as I22 LEGISLATIVE POWER. they like, but otherwise the rules of debate in the house itself prevail. Questions are put as in the house, and the chairman, who is always elected at the first meeting, only votes in case of a tie, or equality of votes. In private bill (see aéaw, p. 115) committees, however, the chairman can vote as a member, and give a Casting‘ vote when there is a tie. All committees must report to the house the result of their conclusions on a bill or other subject. Witnesses can be examined under oath when necessary. 12.——Prorog’ation. When the business of parliament is closed, the gov- ernor-general comes down and assents to the bills as stated above (p. 116). He then reads a speech shortly reviewing the business of the session, and when he has ﬁnished, the speaker of the senate rises and says: “ It is his excellency the governor-gene1’al’s will and pleasure that this parliament be prorogued until (date), to he then here holden ,- and this parliament is accordingly prorogued (zlm/2).” The commons then retire, and the session is at end according to law. If parliament is not called together “ for the despatch of business” by the date mentioned in the foregoing speech—a very unlikely event under ordinary circum- stances—~a royal proclamation is issued from time to time in the Canada Gzzzeite, further proroguing the legislature. The legal effect of a prorogation is to put an end to all bills and other proceedings of parliament in whatever state they are in at the time, and they must be commenced anew, in the next session, exactly as if they had never been begun. CHAPTER V. THE DOMINION GOVERNMENT: LEGISLATIVE 1>0\vER——C«mIz’mmZ.

13. Dz’sz‘rz’&z¢lz’zm of [.egz’rlaz’z‘1/c Power: under a Federal Um‘rm.-
I4. Szzbjerls of Do:/zz‘m‘o¢z Z.egz‘slatz’a7z.

13.——Dist1-ibution of Legislative Powers.

An essential characteristic of a federal union is the
division or distribution of legislative powers between the
government of the union _as a whole, and the several
countries that compose that union. Accordingly, the
British North America Act or constitution of Canada
gives to the dominion or central government at Ottawa
the control of certain matters of a general or national
character, and to the provincial governments the control
of certain matters of a provincial or local importance.
When we come to consider the nature of the provincial
governments (see éelow, p. I 58) I shall set forth the
subjects under their control. At present we have under
consideration the duties and powers of the dominion
government.
14.~—Su.bjec1:s of Dominion Legislation.
The 91st clause of the constitution gives to the parlia-
ment of Canada the sole or exclusive right of making
laws on the following subjects :

1. The public debt and property.

2. The regulation of trade and commerce.
[1231

I24 LEGISLATIVE POWER.

. The raising of money by any mode or system of taxation.
. The borrowing of money on the public credit.
. Postal service.
. The census and statistics.
. Militia, military and naval service and defence.
8. The ﬁxing and providing for the salaries and allowances of
civil and other officers of the government of Canada.
9. Beacons, buoys, lighthouses and Sable Island.
10. Navigation and shipping.
1 I. Quarantine and the establislnnent and maintenance of marine
hospitals.
12. Sea-coast and inland ﬁsheries.
13. Ferries between a province and a British or foreign country,
or between two provinces.

Vmmssw

14. Currency and coinage.

I5. Banking, lncorpor:ttiou of banks and the issue of paper
money.

16. Savings-hanks.

I7. Weights and measures.

18. Bills of exchange and promissory notes.

19. Interest.

20. Legal tender.

21. Bankruptcy and insolvency.

22. Patei1ts of invention and discovery.

23. Copyrights.

24. Indians and lands reserved for the Indians.

25. Naturalization and aliens.

26. Marriage and divorce. [But the provincial governments con-
trol the soleinnizatian or celebration of niarriagc, see ﬁe/aw, p. 159].

27. The criminal law, except the constitution of the courts of
criminal jurisdiction, but including the procedure in criminal
matters [see ézlow, p. 166].

28. The establishment, maintenance, and management of peni-
tentiaries.

SUli_lEC’1‘.S OF DOMINION LEGISLATION. I25

z
I
3
E 29. Such classes of subjects as are expressly excepted in the
l enumeration of the c1asses‘ol’ subjects by this act assigned ex—
Ii clusively to the legislatures of the provinces.
l The subjects just mentioned in subsection 29 are (see
i hlaw, p. 163-164) lines of steam or other ships, rztilxvays,
J canals, telegraphs and other works and under-taldngs ex-
) tending beyond the limits of :1 province, or declared to
i be “for the general advantage of Canada,” or of more
, than one province, by the Canadian parliament, A
,l steamer running from Montreal to Pictou, in Nova
4 Scotia, a railway between Nova Scotia and New Bruns-
l wick, a bridge over the Ottawa river, which divides the
two provinces of Ontario and Quebec, are among the
l works that come under this clause.
i In order to lessen doubts, the constitution also pro-
; vides that any of the foregoing subjects shall not come
within the class of matters of a local or private character
I over which the provincial governments have sole lcgisla~
tive power (see Zzelow, p. 163). In the case of other

matters not coming within the class of subjects belong-
‘ ing to the provinces, the parliament of Canada. has alone

power to make laws for the peace, order and good
K government of the Dominion. –

In short, the respective powers of the parliament of
the Dominion and the legislatures of the provinces are
stated in express terms in the constitution ; any subject
that does not fall within the powers of the provincial

l
=’ to prevent disputes, as far as possible, as respects the
powers of the separate governments.

provinces, but in case certain rights enjoyed by religious

J governments belongs to the Dominion. This is intended

‘ The subject of education belongs exclusively to the-

126 LEGISLATIVE POWER.

minorities in the provinces are prejudicially affected by
the laws of those provinces, the parliament of Canada
may interpose and pass such legislation as will remedy
an act of injustice that the provincial governments refuse
to repeal. This is, however, a subject which falls pro-
perly to 2. later page (see ﬁelozr/, p. 160).

The dominion and local governments also exercise
certain rights in common. The dominion parliament
may make laws on the subjects of agriculture and immi-
gration for any and all of the provinces, and each
legislature may do the same for the province over which
it has jurisdiction,provided no provincial act is in conﬂict
with any dominion act. Both these authorities are
equally interested in the promotion of matters so deeply
affecting the development of the natural resources of all
sections. The provinces, excepting Manitoba, have the
control of their lands and mines, while the Dominion is
interested in the opening up of the vast territorial area
which it has in the Northwest.

The dominion government have, by the Constitution,
3. general-power of vetoing or disallowing any act of a
legislature within one year after its receipt from the
government of a province. The conditions under which
this important power should be exercised are explained
on another page (see ée/ow, p. 168).

The constitutional law, as I have shown, has been
ﬂamed with the object of setting forth, as clearly
as possible, the powers given to the dominion and
provincial governments, but the experience of twenty-
seven years shows no written law, however carefully
framed, can prevent differences of opinion as to its

SUBJECTS OF DOMINION LEGISLATION. I27

meaning. The dominion government may read the
language of a section in one way, and the provincial
government, or the person whose rights are in question,
another way. Language, at best, is imperfect when it
comes to define rights.

In the following section I shall explain the methods
provided by the constitution for the removing of doubts
as to the meaning of its provisions, preventing conflicts
between the dominion and provincial authorities, and at
the same time doing justice, as far as possible, in all
cases where rights are affected.

CHAPTER VI. _
THE DOMINION GOVERNMENT: JUDICIAL POWER.

I. /lhz‘/irztls af]7zt:’77)ret1’7zg z’/ze LT/rz’z’/M Cwzs2‘z’tz¢tz‘m.-»—2. Supra;/za
Cazzrt.-——3. Ex:/Myzzer Caz;rZ.~4. Ad-Izzzmlty C‘ourl.—5. _/141121
rial Tcnzzre (f Oﬁce.

1.——Methoc1s of Interpreting or Explaining the W1‘itten
Constitution.

The federal union of Canada derives its existence
from a constitution, known as the British North America
Act, just as a municipal body, or any incorporated com-
pany, obtains its powers from the law bringing it into
existence Consequently every power, executive, legis-
lative or judicial, exercised by the dominion or provin-
cial governments, is subject to the constitution. This
constitution comes under the conditions applied to all
statutes or laws. Its meaning must be construed or
explained by the judges who are its authorized inter-
prcters.

The judges of the courts of the provinces, from the
lowest to the highest courts, can and do constantly
decide on the constitutionality of statutes passed by the
legislative authorities of the Dominion. They do so, in
their capacity as judges and interpreters of the law, and
not because they have any special commission to that
effect, or are invested with any political duties or powers
by the constitution. The judges of the provinces are
appointed and paid by the dominion government, but

[X28]

THE SUPREME COURT OF CANADA. T29

the constitution, maintenance and organization of their
courts are placed underithe provincial governments. The
judges decide on cases that arise under the laws govern-
ing their respective provinces. Such cases frequently
relate to the constitutional rights of the Dominion and of
a province. The decision of provincial judges is not
ﬁnal, for the constitution has provided for the establish-
ment of a supreme court of the Dominion, to whom
appeals can be taken from the inferior courts of the

provinces.
2.—’I‘he Supreme Court of Canada.

In 1875 it was deemed advisable to pass an act
providing for the establislnnent of a supreme court of
Canada. But this court is only a general court of appeal
for Canada in a limited sense, since the existing right of
appeal in the various provinces to the privy council has
been left untouched. Nor can it be called a ﬁnal court
of appeal for Canada, since the privy council of England
entertains appeals from its judgments (see 521307/.2, p. 65).
This court consists of a chief justice and ﬁve “puisne
judges,”—puisnc meaning simply inferior in ranl<—two
of whom, at least, must be appointed from the bench or
bar of the province of Quebcc—a provision intended to
give the court the assistance of men specially acquainted
with French Canadian law. Under the conditions set
forth in the act, an appeal can be taken to this court
from the highest court of ﬁnal resort in a province in
civil and criminal cases. The decisions of the superior
courts of the provinces in cases of controverted elections
may also be reviewed by the court. In Quebec cases
the appeal must always come from the court of

9 .

I30 JUDICIAL POWER.

king’s bench or the superior court in review (see p. 190);
and the question at issue must involve a certain sum,
unless it affects the validity ofa statute and other speciﬁed
matters. The governor-general in council may also refer
to the supreme court, for hearing or consideration, impor-
tant questions relating to legislation of the provinces, or of
the Dominion, education, or any other matter of a con-
stitutional nature on which it is necessary to obtain a
judicial opinion. Constitutional controversies between
the Dominion and any province, and between the pro-
vinces thcmselvcs, can be referred to the court when the
legislature of a province has passed an act providing for
such useful references—useful, because they help to pre-
vent friction in the working‘ of the federal machinery.
This court is intended to be, as far as practicable, a
court for the settlement of controversies that arise in the
working of the constitutional system of Canada. The
judicial committee of the privy council entertains appeals
from the supreme court only when the case is of gravity,
involving questions of public interest or some important
point of law, or is of a very substantial character.

3.~The Exchequer Court of Canada.

Another court having authority throughout the
Dominion is the exchequcr, which originally formed
part of the supreme court of Canada. The two courts
were separated in 1887, and a judge especially appointed
by the governongencral in council to preside over the
exehequer court. The name of this court carries us
back to early English times. The l<ing’s treasury was
in charge of an important oﬂieer, called “hoarder,” or
treasurer, because he took care of the “hoard” or royal

ADMIRALTY COURT OF CANADA. ‘ I31

supply of money. As the king’s revenues increased in
amount, and disputes grew up in connection with their
collection and management, it was necessary to divide
the duties between twodepartments, one administrative
and the other judicial. The chancellor of the cxchequer
—the ﬁnance minister-——is still the most important mem-
her of the cabinet of England. When the English
courts of justice were formed out of the great council or
supreme court of the king (see wove, p. 57), questions
affecting the revenue were referred to a committee or
court called the exchequer, which derived its name
originally from a c/Mgzzergd cloth which covered the table
at which the accounts were considered, and suggested to
the locker-on the idea of a game of chess between the
taxpayer and the royal officials. The duties of the
court grew in importance, and were extended to all suits
or actions in which the crown was interested. The
Canadian court has authority to hear and decide those
cases in which the revenues or property, or other interests
of the crown are involved. It hears claims against the

dominion government when any person suffers injury. –

from the construction or operation of a public work, and
can award damages to such persons.

4.—Admi1’a1ty Court of Canada.

The dominion government have also, under the
authority of an imperial statute, conferred on the
exchequer court the powers of an admiralty court to
hear and determine all civil questions relating to con-
tracts or claims in respect of necessaries and wages, and
other matters arising out of navigation, shipping, trade
and commerce, in Canadian waters, tidal and non-

I 32 JUDICIAL POWER.

tidal. The governor—genera1 may appoint a judge oi
a superior court, or of a county court, or any barrister of
not less than seven years’ standing, to be a “local judge
in admiralty” of the exchequer court in such districts as
may be necessary for the purposes of the act, The
provinces of Quebec, Nova Scotia, New Brunswick,
Prince Edward Island and British Columbia constitute
such districts. The Yukon district has its registry at
Dawson city. The admiralty jurisdiction of the ex-
chequer court is exercised in what is known as the
Toronto admiralty district.

5.—Jud.icia1 Tenure of Office.

The judges of the supreme and exchequer courts, and
any other dominion courts, hereafter established, hold
ofﬁce, like all the judges of the superior courts in the
provinces, during good behaviour, and can only be
removed on an address passed by the senate and house
of commons to the governor»general, after full investi-
gation into any charges that may he made against them.
In this way the judiciary is practically independent of
political or popular caprice or passion, and able to dis-
charge their high functions with ﬁdelity and partiality.
The judges of these supreme and exchequer courts are
appointed from the superior courts of the provinces or
from barristers or advocates of distinction and of at
least ten years’ standing at the bar.

CHAPTER VII.

THE DOMINION GOVERNMENT: REVENUE AND EXPENDITURE.

I. Dzaties of Cmfams’ 6Z77d Exczlre.-——2. Cost of G07/arm/2cm’.-
3. Co7z.m/z’u’atcrZ Re?/emu 1v‘mzrz’.—4. Camm’z’a7z Currcmy.

1.-——Duties of Customs and Excise.

I have now given my readers a summary of the
principal duties of the executive, legislative and judicial
departments of the Canadian government. The question
will now occur to every one who has followed me so far,
How does this government meet its expenses? The
answer is, chieﬂy by a system of taxation, presented and
‘carried in the parliament of the Dominion in the man-
ner described above (p. I16). The system is not direci
taxation———that is to say, it is not a certain amount taxed,
as in cities and other municipal divisions, on everyone’s
property and collected from the great body of the
people individually. It is z‘mz’z’recz‘ taxation—~—that is to
say, imposed on the goods brought into the country by
merchants and traders, who alone pay the duties directly
and add such charges to their expenses and necessary
proﬁts. These taxes are called “customs duties,” from
an old Norman French word, coz¢.rz’zmzaz, meaning a
cz¢sz‘zmza7y or usual tax of the country, which has come
to be generally applied to any duty on foreign goods»
The people in the end, whoare consumers of such goods,
pay these duties to a greater or less extent. Competition

among merchants tends to keep prices to the lowest
[133]

I34. REVENUE AND EXPENDITURE.

point compatible with the proﬁt which every merchant
must make. In addition to the duties imposed on goods
brought or imported from other countries, like spirits,
tobacco, woollens, cottons, silks, hardware, furniture,
pianos and the countless articles purchased by the people
which make up the great proportion of dominion tax~
ation, there is a large sum collected directly from persons
engaged in the manufacture of beer, wliislcey, tobacco,
and cigars, known as “excise duties ”——~the word excise
coming from an old French word meaning an assessment
or taxi Customs duties may be either ad mzlormz or
speciﬁc; the ﬁrst meaning the levying of a certain per-
centage of duty on the marketable value (mi mz/orem) of
the goods at the original place of shipment, as sworn to
by the owner or importer, and veriﬁed by the customs
appraisers or valuators; “speciﬁc” meaning a deﬁnite

or ﬁxed duty collected on goods of a particular kind, ‘

or upon a speciﬁed quantity of a commodity, entered at
the custom~house. For nine months to 31st March,
1907, the duties collected on imports used in the country
were $4o,29o,I7I.7o altogether; the amount 01 excise
duties was $1 I,8o5,4I3.2I ; other revenues, from the sale
of public lands, tolls on canals and other works, post
office and other sources, amounted to $I5,873,743.38.
The total revenue consequently in that year was
$67,969,328.29, mostly from customs and excise duties.
I cite these ﬁgures simply to show the importance of
such taxes in the governmentbf a country.
2.——Cost of Dominion Grovernmenis.

These taxes and revenues are necessary to meet:

I. The charge on the public debt which was on the
30th November, 1908, $44o,4o3,54o.75. That is, however,

COST OF DOMINION GOVERNMENT. 135

the gross debt, and from which are generally deducted
certain assets or interest-bearing investments, loans, cash
and banking accounts, which bring the net debt down‘ to
$289,814,264.25 at the same date. The debt has been
principally created by the construction of public works,
canals and railways; subsidies to railways, assumption
of provincial debts under the terms of confederation.

2. Legislation, senate and house of commons, franchise
act, election expenses, etc.

3. Civil government, Or salaries of governor—genera1
lieutenant~governors, the departments of the public ser-
vice, Northwest government, etc.

4. Public works, including buildings of all kinds, piers
and harbours, experimental farms, etc.

5. Railways and canals.

6. Administration of justice, mounted police, light-
house and coast service, militia and defence, immigration
and quarantine, geological survey, superannuation, ﬁsh-
eries, Indians, ocean and river steam scrvice, peniten~
tiaries, mail subsidies, post ofﬁcc, and a great variety of
other services necessary for the government .of the
Dominion.

The total ordinary expenditure in 1908 was $67,533,-
35!.99, as against $13,486,091 in 1868, in the infancy of
the development of the confederation and before the
Construction of public workslof national importance.*

8.~The Consolidated Fund of Canada.

All taxes and other revenues of Canada are paid into
the treasury in accordance with the law, and form what

* See Canada Year Book for 39-07 and Canada Gazeue for ]an., 1908.

I35 REVENUE AND EXPENDITURE.

is generally known as “the consolidated fund of Canada,”
out of which are paid all the charges and expenses inci-
dent to the collection and management of this fund, and
all the expenses of government. These expenses are
annually voted by parliament in the mode explained
above (see p. I17).

While certain sums are authorized annually by the
appropriation act—which comprises the annual grants
voted every session in supply—other payments are made
under the sanction of statutes. ‘ These statutes, which
are permanent and can only be repealed or amended by
another act of parliament, provide for salaries of the
governor—genera1,lieutenant—governors, ministers of the
crown, judges, and other high functionaries, whose com-
pensation, it is agreed, should not depend on annual
votes, though it is always competent for any member to
move to reduce them in the shape of a bill, which may
become an act or law if the two houses agree to pass it.

All moneys are paid out of the treasury under certain
forms required by statute. A thorough system of audit
by a public oﬂicer, the auditor—general, who can only be
removed on an address of the senate and house of
commons to .the governongeneral, has the effect of
preventing any public expenditure not authorized by
parliament. Large sums are borrowed from time to
time by the government on terms which must be ap-
proved by parliament.‘

a’=.-T11e Currency of Canada.

The treasury also issues notes to the value of $1, $2,
$4, $50, 33×00, $500, $1000, and $5000. Dominion
notes may be issued and outstanding‘ at any time to
any amount, and shall be legal tender.

THE CURRENCY OF CANADA. 137

The Dominion shall always hold as security for the
redemption of the same, up to and including $30,000,000,
an amount equal to not less than 25 per cent. of the
amount issued and outstanding, in gold or in gold and
securities of Canada, guaranteed by the government of
the United Kingdom. The amount in gold shall in
any case be not less than 15 per cent. With regards to
notes issued in excess of $30,000,000 the minister shall
hold an amount in gold equal to such excess.

The banks of Canada may also issue notes———ﬂve
dollars being the value of the lowest—the payment of
which is secured, as far as possible, by making the pay-
ment of the notes a first charge on the assets of a bank,
and by other provisions of a well devised general bank-
ing act intended to guard the monetary interests of the
public. The government has alone power to issue notes
of $4, $2, $I. In 1901 parliament made pecuniary pro-
vision for the establishment of an Ottawa branch of the
royal mint, by royal proclamation. This is now in
operation, and all silver and copper coins now put into
circulation here are “minted” in Canada. Besides
silver and copper, a gold “sovereign ” is also minted
here, of the same value and appearance as the British
“sovereign,” but distinguished from it by a small “C”
on the reverse side. As soon as dies can be made, gold
pieces of the denomination and value of $5 or multiples
thereof will be minted,here. N0 provision has been
made for this as yet by the department of ﬁnance. The
gold eagle of the United States is legal tender for $10,
and the British sovereign for 554.86%. The large notes
of $1,000 and $5,000 issued by the government, are
principally held by chartered banks as part of their cash
reserve, and for purposes of settlement between banks.

CHAPTER VIII.
THE DOMINION GOVERNMENT: MILITIA AND nxnrmca.

The British North America Act places under the
control of the dominion government the militia, naval
service, and defence of Canada. The command-in~chief
of the land and naval forces of and in Canada, however,
continues to be vested in the king. A department of
the dominion government, called the department of
militia and defence (see ah)?/e, p. 80), has the supcrin~
tendence of this important part of the public service.
Since confederation English troops have been removed
from all places in Canada. Halifax is a strongly
fortiﬁed military post, and the headquarters of the North
American squadron, under the command of a vice or rear
admiral. On the Paciﬁc side, Esquimalt, on the island
of Vancouver, is also fortiﬁed, and the naval station for
the imperial ﬂeet.

The withdrawal of English troops ‘from Canada has
necessarily thrown large responsibilities upon the
Canadian government since 1867 for the protection
of a confederation extending over so immense a
territory between two oceans. Canada has attempted
to fulﬁl her obligations in this respect by the expendi-
ture of a large sum of money during thirty-four years,
for the drill, instruction and arming of an effective
militia, drawn from the great body of the people‘ In
this way a spirit of se1f~re1iance has been stimulated

[I38]

MILITIA AND DEFENCE. 139

from one end of Canada to the other, and on more than
one emergency, the national forces have proved their
capacity to secure peace and order and assist the
empire.

By the law of Canada the militia consists of all
British subjects, male inhabitants of Canada of the
age of eighteen years or upwards and under sixty,
not exempted or disqualiﬁed by law. All capable of
bearing arms, may be called on in case of a “levee
en massc.”

The first class comprises those aged eighteen or up-
wards and under thirty, being unmarried or widowers
without children.

The second class comprises those between the ages of
thirty and forty—ﬁve, being unmarried or widowcrs with-
out children.

The third class comprises those between eighteen and
forty-five, being married or widowers with children.

The fourth class comprises those between forty-ﬁve
and sixty.

And those liable to serve shall be called upon in the
foregoing order.

The following persons are exempt from enrolment and
actual service at any time: Members of privy council
for Canada, judges, members of executive councils of
provinces, deputy ministers, clergy, telegraph clerks in
actual employment, revenue clerks, wardens of prisons,
etc., members of naval militia, members of police and
ﬁre brigades, professors and teachers in religious orders,
disabled persons, only sons of widows, pilots during

14.0 MILITIA AND DEFENCE.

navigation, persons who are averse to ﬁghting on re-
ligious grounds, half-pay and retired ofﬁcers of regular

_ forces to be subject to call only in positions they formerly‘

occupied. To obtain exemption, solemn declaration
must be ﬁled with commanding ofﬁcer one month
before claiming exemption.

‘The militia is divided into active and reserve. The
active militia is composed of corps raised either by
voluntary enlistment or ballot. The reserve force shall
be raised and maintained under regulations prescribed
by the governor in council.

The period of service in the active militia is three
years, and that of reserve such as prescribed by order
in council.

The Dominion is divided into thirteen military dis-

tricts, in each of which a. permanent military staff is _

maintained, under command of 21 colonel or lieut-
coloncl. The permanent force and schools of instruction
consist of royal Canadian dragoons, royal Canadian
artillery,_ garrison artillery and a royal regiment of
Canadian infantry. The total strength of these per—
manent corps is limited by the militia law to two
thousand men. .

The royal military college at Kingston, which is under
the control of the militia department, was founded in
1875, and has proved on the whole a. most successful
institution. Of the total number of cadets who have
graduated, 21 large number have been gazetted to corn~
missions in the imperial army.

Provision is now made for pensions to the militia force,
and widows and children of officers.

MILITIA AND DEFENCE. «I41

Heretoforc an imperial officer has been chosen from
the regular English military force and given the rank of
a major-—general in Canada, to command the militia and
supervise their instruction and equipment, under the
control of the minister of militia, who is responsible to
parliament for the efficiency of this department. The
governor in council may appoint a militia council to
advise the minister in all matters referred to it by the
minister. This system is now in force. So far no active
marine militia has been organized in the Dominion, but
the naval defences continue exclusively under the care of
the imperial government. In the Northwest Territories
peace and order have been secured {or years by the em-
ployment of a most efficient body of mounted police (see
Sewn!/z Part). The militia may be called on by the civil
authorities, when there is riot or danger of rioting beyond
the powers of civil authorities to suppress.

BIBLIOGl{AI’I-IICAL NOTE.

My readers should consult the following books on the nature and working
of dominion government: Bourinot’s Illznmal qf Co7!.rtz‘mtz‘o2uzZ History
(Toronto, I901) ; his C’m1aa’z’mz Sﬁzzdies in Cazzzparariw PaIz’!z’r: (Montreal,
I890), andin the “Transactions of the Royal Society of Canada,” 1892,
section 2 ; his Parlzlznzazzlmy G121Jcr7zmen!z’2: C’auaa7zz, in the “Papers of
the American Historical Association” (Washington, 1892) ; his Ziedcral
G’o11em72mzt in Canada, in “johns Hopkins’ University Studies” (Balti-
more, I8S9). Dr. Todd’s Parlianzeyztmy Gownzmmt in M: Caloizies, 2nd
ed. (London, 1894), should be studied by advanced students. The works
mentioned in the bibliographical note at end of the Second Part of this book
(see above, p. 68) with reference to the cabinet and parliamentary government
in England also apply to the dominion government. For a clear explana-

I42 MILITIA AND DEFENCE

tion of the rules, usages and understandings which govern the practice of
parlianientary government, see Professor Dicey’s Law of Me CoIz.rIz’z‘zz!z’on,
clmp. xiv, 3rd ed. (London and New Yorlc, 1889). For rules and usages
governing proceedings of legislative bodies, see l’3ourinot’s Procedure of
Pu!/12′: Mating: (Toronto, 1894), pp. 26- 57. More ambitious students can
consult his largest work on 1’arl2’zwzmImj/ Praterlurc, zncl Ctl. (Montreal,
1892), which also reproduces the author’s short constitutional history inen«
tioued above (p. 42), with additions to end of 1891. The lzxstcliztpter ol
this work should be read by students, since it is devoted to General Obstr-
7/tztimzx oil Me Pra:/[cal Operation of Pzzr/z’m1zmta¢;1I Gazzmmzzrzt in
Cazzazizz. Bz\gehot’s work on the English constitution (see almr/e, p. 69) is
very valuable in this connection. The author may also refer to a paper of
his own, published by the American Historical Association (Washington,
1891), on Cmzadcz and 1/23 Ilwzitezi Slate: .’ 2 512115; 2’1; Cmzzgézzralim 17011‘/z’c:.
It shows the advantages which Cztnzidizxns contend that their cabinet and
parliamentary system of government possesses over the irresponsible system
of their neighbours in the United States‘ The best work that shows the
inferiority of the congressional government of the republic compared with
pztrliamentary government is that by Professor Viloodrow Wilson, on
Caizgressional G‘z71z2mment (Boston, 1887).

In the C:mazlz‘mz Almanac for 1894 (Toronto) there is an article by Mr.
C. Campbell on the Flag: and Arms of the Dominion and provinces,
which will be interesting to those who wish to study the subject intelli-
gently. In the same publication for 1895, there is additionztl information
in an article on Imfrrirzl and Czma/lz’au Flag-r.

For full information on Revenue and Expen_diture, Trade and Commerce,
Militia and Defence, Customs and Excise, Public Debt, Currency and
other matters relating to the government of Canada, reference must be
made to the official “blue books,” known as Public Accounts, Trade and
Navigation Returns, Report of Minister of Militia, etc., and to the Statisti»
cal Year Book of Canada. all of which are nublishcd vearlv at Ottawa bv
the King’: Printer. Mr. Johnson, Dom ion Statistician, has facilitated

the labours of the author of the present \\‘orl<.

FOURTH PART

THE PROVINCIAL GOVERNMENTS

CHAPTIIR PAGE
I.—«EXH.CU’I‘IVE Powmz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I45
II.——L1«:<;xsLA1*1vIc POWER . . . . . . . . .. . 155
IIL——MATn;1~~E.¢._m8mA OHMAJHZO~~

1..
6
4
I
.1.

THE LIEUTENANT-GOVERNOR. i47

A judiciary, composed of several courts in each pro-
vince, the judges of which are appointed and paid by
the dominion government ;

A civil service, with ofﬁcers appointed by the provin-
cial government, holding office during‘ good behaviour,
and not removed for political reasons ;

A municipal system of councils, composed of mayors,
wardens, reeves and councillors, to provide for the
purely local requirements of the cities, towns, town-
ships, parishes and counties of every province ,-

A complete system of local self-government in every
municipality of a province, to provide for the manage-
ment and support of free schools for all classes of the
people.

2.—The Lieutenant-Groverno1‘.

The lieutenant—governor, who holds his office in prac-
tice for ﬁve years, is appointed by the governor-general
in council, by whom he can be dismissed for “cause
assigned,” which, under the constitution, must be com-
municated to parliament‘ He is therefore an ofﬁccr of
the Dominion, as well as the head of the executive
government of a province, and possesses, within his
constitutional sphere, all the authority of a lieutenant-
governor beforc 1867. He acts in accordance with the
rules, usages and conventions that govern the relations
between the governor-general and his privy council (sec
aéove, p. 82). He appoints his executive council and is
guided by their advice so long as they retain the con-
ﬁdence of the legislature. In the discharge of all the
executive and administrative functions that devolve
constitutionally upon him and require the action of the

148 EXECUTIVE POWER.

crown in a province, the lieutenant-governor has all the
necessary authority. He can summon, prorogue and
dissolve the legislature, make appointments to ofﬁcc,
and perform all those executive acts by the advice of
his advisory council which are necessary for the govern-
ment of the province. The remarks given above with
respect to the governor-general in council apply with
equal force to the lieutenant~governor in council (see
above, p. 83).

3.—The Executive or Advisory Council.

The executive council, which is the name now given
to the body of men composing the administration of
each province, a name borrowed from the old provincial
systems of government, varies from eight members in
Ontario to six in British Columbia, holding, as a rule,
various provincial ofﬁces as heads of departments. Their
titles vary in some cases, but generally there is in every
executive council an att0rney—gene1’al, whose duties are
to act as law adviser of the government and its depart-
ments, enforce the law by prosecution in the criminal
courts, and perform other acts in connection with the
administration of justice in a province. All the mines
and minerals, public lands and forests thereon, except in
Manitoba, belong to the provincial governments, which
derive from thcm——especially in Ontario and Quebec—a
large revenue. In each province, consequently, there is
a commissioner or minister of crown lands, whose duty it
is to look after their sale, lease “limits” for the cutting of
timber, supervise mining lands under special regulations,
and exercise general authority over the public domain.
In Nova Scotia and British Columbia, where the mines
and minerals are very valuable, there is a department

THE EXECUTIVE COUNCIL. I49

specially entrusted with the management of those
sources of provincial wealth. In Quebec the mines
are also under a separate department with a minister
at its head, who also controls colonization and ﬁsheries.

In every province there is a minister generally called
treasurer, whose special function it is to administer its
ﬁnancial affairs; a commissioner to look after its
public works; a secretary and registrar to manage
the correspondence of the government, register all com~
missions under the provincial seal, as well as bonds and
securities given by public ofﬁcers. In some of the
provinces there is also a minister who collects useful
information relating to the agricultural, mechanical and
manufacturing interests of the province, has control of
model farms and agricultural colleges—wherever estab-
lished, as in Ontario—and encourages all societies and
exhibitions connected with the interests of agriculture,
horticulture, fruit raising and dairying, and other indus-
tries of the same class. In the Ontario cabinet there is
also a minister of education, since that branch of the
public service is of exceptional importance in that
province in view of the great expenditure and large
number of common and grammar schools, collegiate
institutes, normal and model schools, besides the pro-
vincial university in Toronto.

All the members of the executive council, who hold
departmental and salaried offices, must vacate their seats
and be re-elected as in the case of the dominion
ministry. The principle of ministerial responsibility to
the lieutenant-governor and to the legislature is observed
in the fullest sense. All the conventions and under-
standings that govern the relations between the governor»

I150]

LEGISLATIVE Bunnmcs, Qm-mac

LIST OF EXECUTIVE COUNCILS. ‘I51

general and his ministers apply with equal force to the
relations between H. lieutenant~governor of a province
and his councillors (see above, 1). 82).

3.—List of Executive Councils in 1909.
In Z>’7’z’lz’i’7A Co1m;zbz}z:—
‘ President of Council, Premier and Minister of Mines.

Attorney-General.

CliiefCominissione1- of Lands and ‘\-Vorks.

Minister of Fimiiice and Agriculture.

Provincial Secretary and Minister of Education.

171 /llzmiirr/7: :—

President of Council and Minister of Agricult. and 1m’igration.
Railway Commissioner and Commiss’er of Lands (Premier).
Attorney-Gcricral.

Minister of Public Wni‘k_s.

Provincial Secretary, Minister of Telephones and Telegraphs.
Provincial Treasurer.

Minister of Education and Municipal CO11ll‘niSSi<))‘l6l’.

I72 02z[rz)’z’o:—

Premier and President of Council.

Secretary and Registraix

Attorney-Genc1’al.

Minister of Crown Lands and Mines.

Minister of Agriculture.

Minister of Public \\7urks.

Minister of Education.

TI’EIiSlIl’Cl‘.

Two ineinbers of Council without a clepartment or oﬁice.

171 Que//9

Min ier of Lands and Forests.

Minister of Agriculture.

Atlorney»Genera1 and Premier.

Minister of Colonization, Mines and Fisheries.
Treasurer.

Secretary.

Minister of Public \Vorks and Labour.

One member of Council without ofﬁce.

In New ])’7ZtI/Jfdifk .–

.Provincial Secretary and Receiver~Gcueral.
Aitorney~General and Premier.
Surveyor-General.

Chief Commissioner of Public Works.
Commissioner of Agriciillure.
Solicitor-~Gener2i1.

J; 52 EXECUTIVE POWER.

/’n’N01/a S:olz’a:——
President of Council and Provincial Secretary (Premier).
Attorney-General.
Commissioner of Works and Mines.
Six members of Council without ofﬁce.

In Prizzre 1:‘:z’wizrrZ frlzmrl.-—
President, Premier and Attorney~General.
Commissioner of Public Works.
Provincial Secly, Treasurer and Commissioner of A griculture.
Six members of Council without office.

In Sax/mi:/zewzzzz :-4-
Premier, President of Council and Con-imiss’r Public Works.
Attorney-General.
Co1nmis’r of Education, Provin. Treas. and Rail’): Commis’r.
Commissioner of Agriculture and Provincial Secretary.

In A Marta :—
Premier, Minister of Education and Provincial Treasurer.
Attorney~Gene1’al.
Minister of Public Vilorks.
Minister of Agriculture and Provincial Secretary.

This_1ist of ofﬁces varies from time to time, accorrling to
the necessities of public affairs, and the prime minister
may select any position he prefers. In five of the pro-
vinccs there are councillors who have no departmental
oﬂice, and consequently receive no special salary, their
expenses while attending meetings of the council being
alone paid. The crown has always the right to summon
whom it pleases to the cabinet. Not unfrequently, as it
will be seen by reference to the offices indicated in the fore-
going list, a. member of the council will be entrusted with
the responsibilities of more than one department of the
government. Executive councillors are called “honour-
able,” but only while they are members of the council.

ﬂue.

FLAGS OF THE LIEU’I‘ENANT—GOVERNORS. I53

4.—Provinoia1 Seals and Coats of Arms.

All the provinces have arms of their own, which
appear on their great seals, or on any ensigns they have
a right to use. Each provincial seal is composed as
follows :

In the centre the royal anns, without supporters, but surmounted
by the crown ,- surrounding the shield, the motto “Dieu et mon
droit.” Below this shield a. somewhat smaller one, containing the
provincial coat of arms. Surrounding the whole : “The seal of the
province of Ontario ” (or whatever the province may be).

On the following page we give a sketch of all the arms
of the provinces as they are composed at present.

5.—E’1a.gs of the Lieutenant-Governors.

The licutcnant—governors of the provinces have each a
flag, displaying the provincial arms (seep. 154) sur-
rounded by a wreath of maple 1eaves—but without the
Crown-~on the white ground of 21 union jack (see Move,

p. 91)‘

FLAG or Tm. L1EU’1‘EI\ANT-GOVLRBOR 01-‘ ONTARIO.

Aims on ARMS on ARMS or
Owr/mo. Qummc. NOVA Scorn.

ARMS OF
SEW BRUNSWXCK.

ARMS or‘
Bmrxsu COLUMBIA.

Anus op Aims OF ARMS or!
SASKA’1’CHE\VAN. MANITOBA. ALBERTA.

[I54]

—- -vw -.«.~.~«-……..,..<

CHAPTER II.
LEGISLATIVE rowan IN THE PROVINCES.

1. Legis1a!zm~s.—2. Ilfzmzbzr of Mczawurs I/zerem. -3. Vvters’
Qzmlzﬂzatiniix 2’71 aZZ I/M Proz/zmeri

1.—’I‘he- Legislatures.

The legislatures of the provinces are composed of a
lieutenant—governor, a legislative council and a legislative
assembly in the provinces of Nova Scotia and Quebec ;
of a lieutenant—governor and a legislative assembly only
in the other ﬁve provinces. In Prince Edward Island,
however, there is an assembly elected on a basis different
from the other provinces. The legislative council,
elected for many years on a property qualiﬁcation, was
abolished as a separate house in 1893 and united with
the assembly. The ﬁfteen constituencies now return
each a councillor elected on a real estate qualiﬁca-
tion, to the value of $325; and a member elected
on the general franchise (see below, 13. 161) for the
province. The legislative councillors in Quebec and
Nova Scotia are appointed by the crown, and must have
a property qualiﬁcation. The president or speaker is
also appointed by the lieutena1it—govcrnor in council and
holds office during pleasure. Members of the council
retain their positions during life, unless they become
bankrupt, convicted of crime, absent for two sessions
consecutively (in Quebec only), or otherwise disqualiﬁed

[I55]

I 55 – LEGISLATIVE POWER. ‘

by law. The council of Quebec consists of twenty—four
members; that of Nova Scotia of about twenty. Their
legislative rights are similar to those of the senate of
Canada. They can commence or amend all classes of
legislation except moneylor taxation bills (see wave, 94).
Wliile they may reject such bills as a whole, they can—
not amend them.

The legislative assemblies of the provinces are elected
by the people on a very liberal francl1ise-manhood suf»
{rage in Ontario, New Brunswicl<, Manitoba and British
Columbia, and practically so in Prince Edward Island.
A property basis still prevails in Nova Scotia and Quebec
(see ézlow, pp. 160, 161). The number of members varies
from one hundred and six in Ontario to ﬁfteen in Prince
Edward Island. They do not require any property quali-
ﬁcation, but must be British born or naturalized subjects
of the king, and male citizens of the age of twenty~one
years not disqualiﬁed by law. They are paid a certain
compensation during a session, varying from $1000 in
Quebec to about $160 in Prince Edward Island, with
the addition of a small sum or a mileage rate, ten cents
each way in some cases, to pay travelling expenses.
Members are nominated and elected on the same day in
the provinces, and the vote is by ballot, except in Prince
Edward Island. The methods of conducting elections,
from the time of a dissolution until the return of writs
for a new legislature, are practically the same as those
for the dominion parliament. The lieutenant-governor,
by the advice of his council, issues a proclamation duly
dissolving the old legisiature and appointing the day
for the return of writs, and calling the new legislature
together. Returning ofﬁcers receive the writs and fix

THE LEGISLATURES. ‘I 57

the day for nomination and voting‘ according to law.
Voters mark and deposit their ballots in the same
secresy as at a dominion election (see above, p. 104).

The provincial laws providing for the independence of
the legislature, like those of the Dominion, prevcnt
contractors and persons who receive salaries and
emoluments from the dominion or provincial govern-
ments from sitting in the assemblies. The statutes
against bribery and corruption are as strict as those for
the Dominion. In all cases the provincial judges try
cases of disputed elections, with the same satisfactory
experience that has been the result of a similar system
in the dominion elections.

The legislatures have a duration of four ycars—in
Quebec and Nova Scotia, of ﬁv<:—-unless sooner dissolved by the lieutenant~govcrnor. They are governed by the constitutional principles that obtain at Ottawa. The lieutenant-governor opens and prorogucs the assembly, as in Ontario, New Brunswick, Prince Edxvarcl Island, Manitoba and British Columbia, or the assembly and the legislative council in Nova Scotia and Quebec, with the usual formality of a speech. A speaker is elected by the majority in each assembly, or is appointed by the crown in the upper chamber. The rules and usages that govern their proceedings are derived from those of England, and do not differ in any material respect from the procedure in the dominion parliament (see above, p. 110). The rules with respect to private bill legislation are also equally restrictive. The British North America Act requires that the legislatures of Ontario and Quebec must sit once in every twelve months, like the dominion parliament (sec 0&7:/.z_>w we/:3 Pom .~.:.<um._c; «£92./.45

[158]

NUMBER OF MEMBERS. I59

zzéaw, p. 105), but even without this constitutional
direction the fact that supplies for the public service
must be voted every year before a ﬁxed dayweither
the first of July or the first of January in the different
pr0vinccs—~forces the several legislative bodies to meet
before the expiration of a ﬁnancial year. If they
did not meet to pass a new supply or appropriation bill
(see zzbom, p. 119) before the end of that year, the pro-
vince would be without money to meet the payment of
the majority of public salaries, and expenditure on public
works or other matters of provincial necessity.

2.~—Number of Members in the Legislatures of Canada.

The legislative assemblies of the provinces have the
following number of members, all of whom are required
to take the oath of allegiance required for ineinbers of
the senate and house of commons of the dominion
parliament (see (wave, p. 106).

PItO\’INCES. MRMIXXIBE.
British Columl) .. 42

Manitoba . . . 40
Ontario I06
Quebec 75
New Brnnswic 47
Nova Scotia . . . . . . 38
Prince Edward Island. . 1;
Alberta. . . 25
Saslcatc . . . . . . . . . . . . . . 4i

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429

Legislative councillors in Quebec and i\’o_va Scotia 44
Territorial district of Yukon, I eoinmissioner and

io elected members . . . . . . . . . . . . . . . . . . . . . . I 1

Maximum of senators and members in Dominion
parliament in I908 . . . . i . . . . . . . . . . . . . . . . . . 308
Total” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 792

or one representative for about every 6,625 souls ofihe population
ofthe Dominion.

I50 LEGISLATIVE POWER.

Territories mrzu zzrlmz‘7zz’rlcreri by commissioner appointed by
governor‘ in council.

The next legislature for Alberta will have 41 members.
3.—Voting Qualiﬁcations or Electoral Franchise in the
Provinces.

In the provinces every native-born Canaclian, or sub
ject of his majesty by birth or naturalization, who is a
male person of the age of twenty-one years, not insane,
not convicted of crime, nor otherwise disqualiﬁed by any
law, and who is duly entered on the ofﬁcial list of voters,
can vote at legislative elections within their respective
provinces on the following‘ conditions:

In 1S’rz’tz’s/L CoI1¢m&z’zz.—~Residents in the province for twelve
months, and in an electoral district for two months of that time.
Japanese, Chinese zmtl Indians have no vote.

In 1l[amz‘laZ1¢z.-—Residents in the province for twelve months, and
in the electoral division for three months before the issue of p1′()~
clmnation appointing the registration clerk therein. Indians and
persons of Indian blood receiving an annuity or treaty money from
the Crown cannot be registered. Persons not British subjects by
birth must be able to read “The Manitoba Act” in English,
French, German, Icelandic, or any Scandinavian language.

J1; 0.ntarz’o.——-Manhood sutTrage subject to registration and short
residence. Enfranchised Indians~—tl\ose \vho have obtained by
law all the privileges of citizens—~can vote on the same conditions
as other voters ; nncnfranchiseti Indians, not residing on an Indian
reserve, or among Indians, can vote on a property qualiﬁcation.

In Qzwﬁnt-—O\\’ne1’s or occupants of real estate valued in cities
at $300, or $200 in other municipzilities, or which yields El value of
$20 a year. Tenants paying an annual rental for real estate of at
least $30 in a city, and $20 in any other municipal division. Also
teachers under the control of school commissioners or trustees;
reiztzkrr, or retired farmers, with 21 rental of at least $100 yearly;
ftmners’ sons working on their parents’ farm, if divided equally
between them as co-proprietors; sons of owners of real property
residing with parents, on similar conditions as last; fishermen,

VOTING QUALIFICATIONS. ‘I61

owners or occupants of real property and boats, ﬁshing gear, or of
shares in 2:. ship of actual value of at least $150 ; priests, mr/4* and
ministers of religious bodies, when domiciled for upwards of ﬁve
months in 21 place, and persons having an income of at least $300
1381′ annuln.

In New Brmzxwir/2.-«Residents in 21 district for twelve months
before the making up of voters’ lists. Persons assessed for the
year on real estate to.lhe value of $100, or on personal and real
property together to the amount of $400, whether residents or not.
Priests or other clirislizm ministers, or school teachers, or professors
in colleges. The system is manhood suffrage.

In Now .$‘calz‘a.——Persons assessed on real property valued at
$150, or on personal, or on personal and real property together,
valued at $300. Persons exempted from taxation, when in pos-
session of the property just stated. Tenants, yearly, of similar
property. Sons offoregoing persons, or of widows, in possession
of enough property to qualify as stated above, and actually residing
on such property. Persons having an annual income of $250.
Fishermen with ﬁshing gear, boats, and real estate, assessed at
an actual value of $I5o, provided that such property is within the
county where the vote is given.

In Prirzm Edrvzzrtl Ir/m1tz’.——~Resi(lents in an electoral division
who have performed statute labour for twelve months before an
election. Owners or occupzmts of real estate, within‘1he electoral
district, of the value of $100, or of the clear yearly value of $6,
provided they have occupied such property six months before
election. Residents in Chzirlottetown and Summerside who have
paid a provincial poll tax, or twenty~ﬁve cents on such civic poll
tax for year preceding election, etc. The system is manhood
suffrage to all intents and purposes. It can be readily seen that
practically manhood suffrage exists throughout Canada (see almzte,
p. 100).

/1l5£r2‘1z.——ResidenCe for twelve months in the province, and three
months ofthat time in the district where he claims a vote. Indians
have no vote.

Szzrlvzltﬁaruzzzz.———Idem-R.S.C. (1906), chap. 6.

Yu1’wz.~—’l‘\velve months’ residence. Indians have no vote.

[I52]

CHAPTER III.

MATTERS OF PROVINCIAL LEGISLATION.

1. Legal E7274/;i:2rzztz’a;z (gf Sz¢&_/m‘: of Pro?/z’m‘z‘aZ I.4g’z‘sl<zz’z’oIL.—
2. Ezhmztz’zm.——-3. Do:/zz’m’oIz P01!/£7‘ of Dz’m/Zowcwm.

1. ——Legal Enumeration of Subjects of Provincial
Legislation.

The subjects that fall within the legislative authority
of the provincial governments are very numerous and
affect immediately every man, woman and child in a
province. Comfort and convenience, liberty and life, all
the rights of citizens with respect to property, the endless
matters that daily affect a community, are under the
control of the provincial authorities.

The legislature may, in each province, “exclusively
make laws” in relation to the classes of subjects enu-
merated as follows:

I. The amendment, from time to time, notxvithsmnding anything
in the British North America Act, of the constitution of the pro-
vince, cxccpt as regards the oﬁice of lieutcnzmt-governor.

2. Direct taxation within the province in order to the raising of
a revenue for provincial purposes.

3. The borrowing of money on the sole credit of the province.

4. The establishment and tenure of provincial oﬂices, and the
appointment and payment of provincial ofﬁcers.

5. The management and sale of the public lands belonging to the
province, and of the timber and wood thereon. [in the case of

Manitoba, wliiuh was made a pgogixacc after 1867, the public lands,
r‘ 3

I64. MATTERS OF PROVINCIAL LEGISLATION.

as well as those of the Northwest generally, belong to the dominion
government.]

6. The establishment, maintenance and management of public
and reformatory prisons in and for the province.

7. The establishment, maintenance and management of hospitals,
asylums, charities and cleemosynary institutions in and for the
province, other than marine hospitals.

8. Municipal institutions in the province.

9. Shop, saloon, tavern, and auctioneer and other licenses, in
order to the raising of a revenue for provincial, local or municipal
purposes.

10. Local works and undertakings other than such as are of the
following classes:

zz. 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 province ;

&. Lines of steamships between the province and any British or
foreign country ;

5. Such works as, although wholly situate within the province,
are before or after their execution declared by the parliament of
Canada to be for the general advantage of Canada, or for the
advantage of two or more of the provinces (see above, p. 125,
for explanations).

1 1. The incorporation of companies with provincial objects.

12. Solemnization of marriage in the province. Marriage and
divorce, however, belong to the dominion government (see aria?/A7,
p. 124). o

13. Property and civil rights in the province.

14. The administration of-‘justice in the province, including the
constitution, maintenance and organization of provincial courts,
both of civil and of criminal jurisdiction, and including procedure
in civil matters in those courts.

_,,,.,.‘

EDUCATION. 165

I 5. The imposition of punishment by ﬁne, penalty or imprison-
ment for enforcing any law of the province made in relation to any
matter coming within any of the Classes of subjects enumerated in
this section.

16. Generally all matters of a merely local or private nature in
the province. \

A careful consideration of the foregoing subjects will
show how large and important a measure of local self-
government is given to all the provincial members of the
confederation. Provincial legislation in every way more
nearly affects the daily life and interests of the people of
a province than the more general and national legislation
of the Dominion. For instance, indirect taxation on
imports does not come home to all classes in every day
life like those taxes which are imposed by municipalities
on the authority of provincial statutes.

2.~Edueation.

It will be seen above, however, that the all-important
question of education does not fall within the enurnera—
tion of matters belonging to provincial legislation, but
that it was considerecl necessary to devote a special
clause to this subject in the constitutional act of 1867.
The reason for this must be sought in the political
history of the question.

While the different provinces before confederation
were perfecting their respective systems of education,
the question of separate schools attained much promin-
ence. The Protestant minority in Lower Canada, and
the Roman Catholic minority in Upper Canada, earnestly
contended for such an educational system as would give
the Protestants in the former, and the Roman Catholics in

K6 H

‘\\
‘\\.\\§\\
W.

[I66]

LEGISLATIVE BIFILDIXGS. ,.\7h\V BRUNSWICK

EDUCATION. 167

the latter province, control of their own schools. Finally,

in those two provinces, separate schools obtained at the

time of the union, and it accordingly became necessary
to give the minorities in question guarantees for the
continuance of those schools, as far as such could be
given in the constitution. The British North America
Act now provides that while the legislature of a province
may exclusively make laws on the subject of education,
nothing therein shall prejudicially affect any of the
denominational schools in existence before July, 1867.
Where in any province a system of separate schools
existed by law at the time of the union, or was there—
after established by the legislature, an appeal lies to the
governor—general in council from any act of a. provincial
authority “affecting any right or privilege” of a Pro-
testant or Roman Catholic minority. In case the provin~

,cial authorities refuse to act for the due protection of the

rights of minorities, in accordance with the provisions of
the constitution, then the parliament of Canada may
provide a remedy for the due execution of the same.
In the constitution given to Manitoba in 1870 there are
similar provisions, and an appeal can be made to the
governor-general in council when a provincial law or
decision affects any right or privilege of the Protestant
or Roman Catholic minority in relation to education.*
Parliament can only within its own discretion intervene
to provide a remedy when the provincial authority does
not pass such legislation as seems necessary to the
govemor—general in council under the provisions of the
constitution.
*See remarks as to Alberta and Saskatchewan under its own head.

I63 MATTERS OF PROVINCIAL LEGISLATION.

3.——Dominion Power of Disallowance.

The British North America Act gives to the dominion
government a direct control over the legislation of each
province. While the imperial government can disallow
(reject) an act of the Canadian parliament at variance
with the interests of the empire (see Mow, p. 68), the
governor in council can within one year from its receipt,
disallow any act of a provincial legislature, and con-
sequently prevent it becoming the law. Previous to
1867 the imperial government could disallow any act of
a provincial legislature within the limits of British North
America. The power over the provinces in this respect
has now been transferred to the central government of
Canada since 1867. This political power is one to be
exercised with great discretion and judgment, as other-
wise it may involve consequences fatal to the harmony
and integrity of the confederation. It may be laid down
in general terms that this “veto” can be properly exer-
cised when the act under consideration is beyond the
constitutional power of the legislature, or when it is
hostile to the rights enjoyed by a minority under the
constitution, or when clearly dangerous to the peace and
unity of the Dominion generally. The danger arises
from the exercise of the power, on the grounds of public
policy, in the case of a question clearly within the con—
stitutional powers of a legislature. The principle that
should prevail, as a rule, is to leave to their operation all
acts that fall within the powers of the provincial legis«
lature, which within its legal sphere has as absolute a
right of legislation as the dominion parliament itself;
and if the dominion authorities, at any time, for suﬂi-

DOMINION POWER OF DISALLOWANCE. I59

cient reasons, consider it necessary to interfere in pro-
vincial affairs, they must be prepared to justify their
action before parliament and the country so deeply
interested in the preservation of the union. As arule,
it is the wiser policy to obtain an opinion from the
courts in all cases of doubt, involving nice and delicate
points of law, rather than to use a political power which
is regarded with suspicion by the provinces. Fortunately
the law allows such references to the supreme court of
Canada (see aéoz/e, p. 130).

CHAPTER IV.

JUDICIAL POWER.

1. ]miz’cz’alA39-_,éoi7zt:;zem‘s.——2. Cmzstz’tutz’a2z mm’ 0rgzwz’zzziz‘on of/he
PrazIz’mz’aZ Coz¢rz’.9.~3. Cz’w’Z Lmw o/F7212;/z Ca.mza’a.——.¢. .E7zg’-
Iis/; Commorz Law/.-_5. Stzztzofmy Law.

1.—Judicia.1 Appointments.

The written constitution provides that the government
of the Dominion shall alone appoint and pay the judges
of the superior, district and county courts of the provinces,
except those of the probate courts in Nova Scotia.
justices of the peace, police and stipendiary magistrates
are, however, appointed by the provincial governments.
The judges of all the superior courts can only be removed
on an address of the two houses of the dominion
parli‘ament to the govcmor—genera1, and an inquiry
before a committee of the commons or senate into any
charges that may be made against them. Judges of
the supreme or superior courts must be barristers or
advocates of at least ten years’ standing at the bar of
a province; county court judges, barristers of ten or
seven years’ such standing. Stipendiary and police
magistrates must be, generally, of at least three years’
standing‘. All justices of the peace must have a certain
property qualiﬁcation in the majority of the provinces»
All judicial appointments are made on the recommenda-
tion of the dominion minister of justice, whose duty it

inc]

JUDICIAL APPOINTMENTS. 17*}

is to inquire into any charges made against judges, and
to advise the houses of the proper course to pursue in
such cases. When judges wish to obtain leave of
absence from their duties, or to retire from the public
service, it is through the department of justice all the
necessary measures are taken.

2.~Constitution and Oiganization of the Provincial
Courts.

The constitution provides also that the governments
of the provinces shall have sole control ofthc constitution,
organization, and procedure of all their own courts,
having civil and criminal jurisdiction. At any time
they may make changes in the constitution of these
courts, abolish any one of them, add a new court, or
impose additional duties on existing courts. But when-
ever a new judge of a superior, or district, or county
court is required by a provincial act, it is the Dominion
that provides the salary and makes the appointment.
But while the dominion parliament has no right to
abolish, or interfere with the constitution of the pro-
vincial courts within their provincial powers, it is quite
competent for that body to assign to those courts
duties in connection with matters which fall within the
undoubted powers of the central government—the trial
Of disputed dominion elections, for instance. In short,
the dominion government can call upon the provincial
judiciary to carry out their legislation.

The constitution gives to the provinces 6XC1uSiV€
control over all matters affecting property and CW“
rights, and consequently the provincial courts have to
deal with subjects that affect immediately all classes of

J72 JUDICIAL POWER.

persons. The provincial legislature can alone pass
legislation touching these matters. On the other hand,
the dominion parliament can alone make laws relating
to crime and criminals; that is to say, deﬁne the nature
of those numerous offences against public order, religion,
morals, persons, rights of property, and the administration
of law and justice, that fall under the czriminal law, and
may be punished by death, or imprisonment, or ﬁnes.
Treason, murder, manslaughter‘, forgery, fraud, breach of
trust, libel, burglary, receiving of stolen goods, robbery
and theft, conspiracies, are among these offences against
public order, persons and the rights of property. The
regulation of the procedure or the formal steps in the
trial of such offences is also entrusted to the dominion
parliament. On the other hand the trial of such offences
must take place in the courts of the province which alone
have authority to administer justice in such cases under
the rules laid down by the criminal code of Canada, and
in the absence of such rules in accordance with the
common law that governs every province in the absence
of statutory enactment.

From the preceding paragraphs it will consequently be
seen that the provincial courts have conclusive powers to
try and determine all civil and criminal suits and
actions at law, affecting the lives, liberties and property
of the people within their provincial limits; that they
regulate both the law and procedure in matters of
personal or private rights, and that the dominion
government alone makes rules of law and procedure in
criminal matters. The reason of this division of
legislative authority must be sought in the historicai
fact that in all the English provinces, which had so long

2:-———.\..,..-

THE CIVIL LAW OF FRENCH CANADA. 17:3

enjoyed local self—g’overi11nent before 1867, there were
cliffcrences both in the laws and procedure relating to
civil rights and property, though based on the general
principles of English jurisprudence, while in one great
province there was a distinct system or code of law to
which the people had been attached for more than two
centuries and a half

3.—The Civil Law of French Canada.

The criminal law of England has prevailed in all the
provinces since it was formally introduced by the procla-
mation of 1763, and the Quebec Act of I774. The
French Canadians never objected to this system of law,
since it gave them the advantage of trial by jury,
unknown to French law. The civil law, however, that
prevailed in Canada under the French rule, has con-
tinued to be the legal system in the province of Quebec
since the cession, and has obtained a hold now in that
section, which ensures its permanency as an institution
closely allied with the dearest rights of the people. Its
principles have been carefully collected and enacted in a
code which is based on the famous code prepared by the
orders of the Emperor Napoleon in the beginning of this
century. The rules of procedure relating to the civil
law have also been laid down in a distinct code. The
civil law of French Canada had its origin, like all similar
systems, in the Roman law, on which were engrafted, in
the course of centuries, those customs and usages which
were adapted to the social condition of France. The
various civil divisions or departments of France had
their special usages which governed each, but all of
them rested on the original foundation of the Roman

174 JUDICIAL POWER.

code of 527-534. before Christ. The customary law oi
Paris became the fundamental law of Canada during the
French rule. The law has been materially modiﬁed
since 1763 by contact with English laws and customs,
and by the necessities and circumstances of a new
country; but still, despite all the amendments and
modiﬁcations it has undergone in order to make it
more in keeping‘ with the conditions of modern life
and the needs of commerce and enterprise, it contains
all those important principles which have the sanction
of ages in all those countries where a similar system
prevails, and which affect the civil rights ofindividuals,
the purchase and transfer of property, marriage and
inheritance, and many other matters of direct interest to
all persons in a. community.

4.—The English Common Law.

In the other provinces the common law of England
forms the foundation of their jurispruclencei Its general
principles were brought into this country, as into the
United States, by the early English colonists, but they
never adopted those parts of the law which were not
suited to the new condition of things in America. It is
composed of rules, principles and customs, long estab-
lished in England, and found in judicial decisions and
the records of the courts. It has been called, with much
force, “judge-made law.” It is a system replete with
the principles of individual liberty and self government.
Magma. Charta (see (wove, p. 58) and the bill of rights
(see 4507/2, p. 58) only asserted principles of this

THE STATUTORY LAW. I75

ancient law. It is founded on the actual experiences of
life, and not on mere theory or speculation.

5.—The Statutory Law.

In addition to the body of the common law, Canada
has also availed itself of those statutes which have been
passed by parliament in England from time to time to
meet a condition of things to which the old maxims of
the law could not apply. The establishment of legisla-
tures in the provinces, we have seen, was only alittle
later than the entrance of the large British population,
and it was therefore in their power to adapt English
statutes to the circumstances of this country at the very
commencement of our history, or to pass such enactments
as were better suited to the country. Thus it happens
that gradually a large body of Canadian statutory law
has been built upon the common law foundation of the
legal structure, and with 21 view of making the law more
intelligible it has consequently been wisely ordered,
at different times, that all these statutes should be
revised and consolidated~that is, all the statutes on one
subject combined into one-by commissions composed of
learned lawyers and judges. The people of the Do-
minion and of all the provinces, except Prince Edward
Island, have now easy access to the statutory law
that governs thorn. It is also found convenient in
the intervals between the consolidations of the statu-
tory law to collect together, from time to time, all
the enactments on a particular subject and incorporate
them, with such amendments as are found necessary, in
one statute. This has been found especially useful in
the case of laws affecting railways, insurance, banking,

x 76 JUDICIAL POWER.

and other matters of public import. The criminal law
has been consolidated in this way and forms a distinct
code, or systematic arrangement of the criminal rules of
law to be applied by the courts.

CHAPTER V.

COURTS OF LA\V IN ‘l‘Hl£ PROVINCES, THEIR COMPOSITIQN,
FUNCTIONS, AND GENERAL JURISDICTION.

When we come to review the judicial system of the
provinces we find in each of them several courts of
superior and inferior jurisdiction; that is to say whose
powers vary very much in importance and are duly set
forth in the statutes giving them legal existence and
authority. These courts may be conveniently classiﬁed
as follo\vs—~commencing at the foot of the judicial
structure—bcfore I proceed to give a summary of their
constitution and functions in every province*‘ :—

I. Inferior courts of civil jurisdiction, for the recovery
of debts, and the settlement of civil actions of limited
amount.

2. Superior courts, for the trial of civil and criminal
cases, not limited in amount or nature, before a judge
and jury in each judicial district.

3. The highest or supreme court in each province, the
court of appeal, to which cases are brought as the law
provides, from the courts ofinferior jurisdiction classiﬁed
above.

4. Special courts for the dissolution of marriage—only
in some provinccs——the proving of wills, the trial of dis-
puted provincial and dominion elections, the revision of
voters’ lists and of assessment rolls in municipalities, etc.

*Tliejurisdic1ions given in this chapter are only intended to give the
reader a general view oflhc judicial machinery and not as a reference book
to barristers, etc.

12 [ 177 ]

I78 COURTS OF LAVV IN THE PROVINCES.

5. Inferior courts of criminal jurisdiction, for the
summary and speedy trial of offenders against the
criminal law, for the preservation of the peace in every
community, for the preliminary examination of charges
of crime, and the committal of the accused to prison for
trial before a higher court.

The separate courts that long existed in Canada as in
England-—l<ing’s or quecn’s bench, common pleas and
chancery—have been now practically abolished, and one
court can try and determine any case of law or equity
that comes before it in due process oflaw. For instance,
the king’s bench, Chancery and common pleas divisions
of the high court of justice in Ontario no longer sit or
give judgments as such divisions, but all are qualiﬁed to
deal with any subject or point of law. In Prince Edward
Island, however, the chancery court is still in existence
as a distinct tribunal, though its procedure has now been
much simpliﬁed.

By means of this machinery there is in each province
most elaborate provision made for the settlement of
controversies of every kind, for the prevention and
punishment of crime, the preservation of law and order.
The nature of this machinery is more fully explained
below.

1.~—Couz-ts of Ontario‘

(a) Courts for recovery of small debts. Division Court, which
has jurisdiction in all personal actions to amount of $60 or by
consent to $100; actions for debt, breach of contract to $100;
for debt or money demand where balance is not over $200, and
it or the original amount is ascertained by signature of defendant.
In actions for debt where the unsettled account in whole exceeds
5400, no action will lie before this court for the balance, even
though only $100. Their jurisdiction does not cover in any shape
gambling debts, liquor drunk in a tavern, or notes of hand given
therefor, titles to land, will or settlement, tolls, customs or {ram

COURTS or ONTARIO. 179

chise, slander, seduction, wills or testaments, or actions against a
justice of the peace for anything done in the execution of his office.
Appeals lie under certain conditions to a divisional court of appeal
(see below, p. 189). As a rule the presiding judges are judges of
the county courts, but any barrister may be appointed to hold the
same.

(b) Camzly Courz:.-’I‘he judges in these courts are appointed,
paid and removed only by the Dominion government. It has juris—
diction to the amount of $200 for debt or damages, or on notes of
hand, or where the amount is ascertained by defendant’s signature
to $600.

(5) Court; of SI(1§c7z’nr f1u‘z’.tdz‘ctz’wz.—~-One of the two divisions of
the supreme court of jurisdiction called the high court ofjustice,
composed of four divisions, 1;ing’s bench, cbancery, common pleas,
and exchequer, which have equal jurisdiction in all matters, civil
and criminal, not especially conﬁned to the county, surrogate and
division courts. The lcing’s bench is composed ofa chief justice
or president and two justices; chancery, of a chancellor or preSi~
dent and three justices ; cmmnon pleas, of a chief justice or
president and two justices.

(d) Suprmle Court in 1-’7’ozIz77m’.—One of the divisions of the
supreme court ofjudicatilrc, called the court of appeal, is composed
of 21 Chiefjustice and four justices. It hears appeals from the four
divisions of the high court ofjustice, within the limitations fixed by
law. In cases of an appeal from a divisional court of the high
court ofjustice, ﬁve members must sit as a court; in other appeals,
three are a quorum. In case ofillness or unavoidable absence of a
judge, the vacancy may be ﬁlled by a judge of the high court. The
court may sit in two divisions at same time, with the assistance of
such number ofjudges of the high court as may be necessary.

Below the court of appeal are the divisional courts of the high
court ofjustice of Ontario. Appeals are allowed to one of those
courts, but limitations are imposed on the right of subsequent
appeal to the chief court of appeal. The act of 1895 provides that
there shall not be more than one appeal in the province from any
judgment or order made in an action or matter save at the instance
of the crown, or where it is concerned, or as speciﬁed in the statute.
Appeal upon special leave from a divisional court to the chief court
of appeal shall not be allowed, except (1) where the decision of the
court is not unanimous, (2) where the matter in controversy exceeds
the sum or value of .‘lix,ooo, exclusive of costs, or involves that sum,
directly or indirectly ; or involves the validy of a patent ; or where
the judgment or order involves 2|. question of law or practice on
which there have been conflicting decisions or opinions by the high
court ofjustice or by judges thereof; or where ajudgment or order
is in regard to a matter of practice, but aﬁ”e<:ts the ultimate rights I80 COURTS 01*‘ LAVV IN THE PROVINCES. ofpartics to the action to the extent of the said sum or value; or where there are other sufﬁcient special reasons for treating the case as exceptional and allowing a further appeal. In case a party appeals to a divisional court of the high court in a case in which an appeal lies to the court of appeal, the party so appealing, shall not be entitled to afterwards appeal from the said divisional court to the court of appeal, but any other party to the action or matter may appeal to the court of appeal from thejur]g— ment or order of the divisional court. No judge shall sit as ajurlge on hearing of an appeal from any judgment or order made by himself. 2‘-—Cou1’ts of Quebec. (xx) couurs or INFERIOR JURISDICTION. In 1899 provision was made for a board ofconciliators, before whom all matters purely personal as to moveablcs under $25 must be brought, before an action can be taken before the courts. Some specially mentioned matters are exempted from this procedure, principally where urgency is required. This does not apply to cities and towns, etc. Priests, justices of the peace, and mayors are ex-ofﬁcio conciliators. I. Cz’rmz’Z Co1m’.—Exclusive jurisdiction in all personal actions under $100, in all suits for school taxes ~ assessments for building or repairing churches and their prop ‘ to any amount. These are without appeal. When si ing outside of the “chef-lieu ” it has jurisdiction to $200 ; and in suits for fees of ofﬁce, rents orrevcnues or sums payable to the crown ; and matters where future rights are affected. From judgments in the latter an appeal lies. Moreover, this court has appellate jurisdiction from decisions rendered by a municipal council, subject to certain limitations. 2. Mrggzk/rates’ Czmrl.r.——’1‘liis court may try suits for the amount of$99 in counties ofI’rmtiac, Ottawa, Lk. St. john, Gaspé, Bona- venture, and Saguenay, in other counties thejuriscliction is restricted to $50. This jurisdiction somewhat overlaps that of the circuit, butin all suits before this court the defendant must reside within the jurisdiction of the court before which he is summoned. 3. Ca/)1IIzz’.t$z‘/Jzlzws’ C1zu7z‘.—Suits for rccovcr_\’ of assessments not exceeding $39 for building churches or things connected therewith, and generally in personal actions in the sum of $39 with certain restrictions. COURTS OF I\’EV\’ BRUNSWICK. I81 Racarder’: Cau —~This is a court established by special acts of legislature in cities, and generally speaking to enforce the hy~la.ws of such city and to collect taxes, etc. In certain localities actions for rent and between master and servant may be brought before this court. Its jurisdiction is ﬁxed by the statute establishing it‘ (b) COURTS 01-‘ SUPERIOR JUR!SDIC’I‘IOI\‘. T/ze S1q§crz’ar Cmzrt.—Judg’es appointed by dominion govern- ment, composed of chief justice and 35 justices. This court has jurisdiction in all personal actions over ﬂixoo to any amount and in all civil cases not within the exclusive powers of the circuit or other courts of limited jurisdiclion. A judge of this court presides over the circuit court and has criminal jurisdiction in districts outside of Quebec and Montreal, and presides over the court of king’s bench, sitting as a criminal court, which court is the superior court of criminal jurisdiction. In Montreal and Quebec a judge of the court of appeal presides over the criminal court (5) COURTS OF APPEAL. . I. Cmzrt zy‘]\’e7/fez:/.—’I‘Iiis is not a court of record, but a division of the superior court, presided over by three judges of said court. An appeal lies to this court from any ﬁnal jutlginent of the superior court or any order of 2; judge thereof in certain non-contentious matters; in matters of mandzunus or like proceedings against municipal corporations; and also in certain judgments rendered by the circuit court, namely, in suits involving more than $100, with the exception of those matters declared to be non-appealable in matters of fees of ofﬂce due the crown; or where it relates to titles to land, annual rents and other matters where the rights in future may be affected. ln actions in recognition efhypothecs. (2) Cmzrl of /(‘1’/lg’: ]3£’7I£/I (zz/)/ﬁml .rz‘riz’).—~C}ener:illy speaking, an appeal lies to this court from all tinaljuclgments of the superior court and with leave from interlocuta1’y judgments as well; in matters of certiorari ; and also from judgments rendered in review, unless that court conﬁrms the judgment of the ﬁrst court, in which case an appeal can only be taken direct to the supreme court of Canada. Five judges sit in appeal. Appeal also lies to this court from the circuit court in szune cases as in an appeal to court of review, as explained ztbove. 3.—Courts of New Brunswick- (zz) Izzferior jurzlvrlia/z‘o¢z.—Stipencliary or police magistrates, parish commissioners, and justices of the peace, where debt does try to exceed $80. ([2) Cowzty CozzrI.r.—«Tliese courts have no jurisdiction in matters of title to land, “wills” and such matters. In suits for debt or damages it is limited to $400, and in actions for tort to $200, for penalties on sherifI’s bonds to any amount. Judges appointed by dominion government. -and mast I32 COURTS OF LAVV IN THE PROVINCES. (5) Sz¢_7)erz‘w~fztrzltrizk/io7z.—~Tl1e supreme court, composed of six judges, each of whom acts as a trial judge throughout the province. One of the jutlges of this court sits as :1. judge in equity. The supreme court has originaljurisdiction in all matters not belonging to the divorce, admiralty, probate, and county courts, whose functions are deﬁned by law. ((1) Conn‘: ofA/§pezzI.—The supreme court sitting as a full court, but of whom fourjustices form a quorum. 4.~NoVa Sootia. (zl) ﬁIfe7’z'(1r CD117’/.V.—Oile or two justices, according to the amount of the debt, which cannot exceed $80 in any case. (&) Camlty Com’/J’,-Jucig’es appointed by dominion government. Its jurisdiction is limited to suits for sums between $20 and $400 in personal actions, on contract. or {or debt. In suits for penalties on sheriffs bonds, it: is unlimited. It has no jurisdiction in suits effecting titles to land, matters as to “wills” and the like and for criminal conversation or for seduction. (5) C0717‘/J‘ of S12/xzrzbrjzzrzlmbk/22:71.-—Sup1’eme court, composed ofa chiefjustice and sixjustices, each of whom sits as .1 trialjuclge throughout the province. It has original jurisdiction in all matters not specially delegated to the lower courts. It can also hear and determine actions for debt under $80, but over 5520. Anyone of the judges can exercise the powers previously tested in a judge of equity. I (:1) Cairn‘ of/1]/,écaZ.——Sanie as New Brunswick, only that in this province three judges form :1. quorum in case of illness. 5.—Prinee Edward Island. (ez) 112/eriar Cam‘/:.~—Stipentliary magistrates can now exercise jurisdiction where the amount does not exceed $80 and $50 respectively. (0) Cazmty Caz/rtr.—]udgcs appointed by dominion government. Jurisdiction in suits up to sum 0f$I5o. (c) Colzrfs of .5‘://5crz’z7r _/urz‘.vrI’z’t12’a71.—’I’lie supreme court, com- posed of 2. chiefjustice and two justices, having original jurisdiction in all civil and criminal matters. In civil cases, of debt, the action must be for an amount above $32. All causes beyond the jurisdic- tion of the county courts can be tried before a judge of this court. A court of Chancery still exists as a separate court in this province. Two (2) assistant judges of the supreme court are vice-chzmcellor of rolls, who preside over two courts having equal power and jurisdiction in such matters as are now in Ontario, given to the high court ofjustice. The lieutenant-governor is nominally chancellm-—simply a survival of the old judicial system. MANITOBA. I 8 3 ((1) Courl: ofA7>;§eal.—’I‘lie supreme court sitting as 2. full court,
and having jurisdiction in appealed chancery cases.

6.aManitoba.
(ac) Iizﬁrior Caz¢rl:.—-County courts are the courts for the
collection of small debts,

(é) Cazmty Cozzn‘s.——Generally speaking, this court is for the
collection of debts. It has no jurisdiction in matters of title to
land, wills, libel, slander, and such like matters And this applies
in a general way to the “ county courts ” in the various provinces~—
except British Columbia. In Manitoba its jurisdiction is limited
to $250.

(5) Cram“: of S7¢erz’ar _]1¢rz‘s:i7‘tlz’z77z.——’l‘lie court of king’s bench,
composed of chief justice and three justices, possessing all the
powers of the superior courts of the other provinces.

(zi) Ccmrlx of AppeaZ.—’l‘he court of king’s bench, sitting as a
full court, of whom three form a quorum.

7- -Bri1;ish Columbia.

(:2) Courts of Jizferior ]zzrz’.m’z‘r(z’o2z.—Stipeiicliary and police
magistrates, where the debt does not exceed ﬂiioo.

(a) Cozm/y Com’/:.——In this province the court has jurisdiction
to the amount of $1,000 in matters of debt, and has, moreover,
jurisdiction in various other matters not granted this court in the
other provinces, and also in actions for rent, where the annual
rental is not over $300.

(2) Comzﬁr of Superior _/’z¢rz’.m7z’rlz’mz.—Tlie supreme court, ‘corri-
posecl ofu chief justice and four justices, having full jurisdiction in
civil and criminal cases as in other provinces,

((1) Court: of Ap/mzl.-~Tl1e supreme court, sitting as a full

court, of whom three shall form zi quorum.
8—Albe1’ta

The act of 1905, establishing this province continued
all the former territorial courts, and all persons holding
commissions, but leaves to the province the power to
abolish the supreme court of the Nortliwest Territories,
on certain conditions, among others that a superior court
of criminal jurisclictioii should be thereupon forthwith
provided for. In 1907, Alberta abolished the said

I84 COURTS OF LAW IN ‘l‘IlE PROVINCES.

supreme court and provided the following judicial

system:

I. A court for collection of small debts to $100.

2. A Dis-I7-zit Cm;rz‘.——Pi’csider appeals in cases of disputed
voters’ lists for provincial elections: in Ontario, to county
judges; in Quebec, to superior court judge or district
magistrate; in Nova Scotia, to county sheriffs; in British
Columbia, to judges of county court and thence to su~
preme court;.in Manitoba, to judges of county courts;
in New Brunswick the revision of the lists is practically
under control of the local councils, and the sheriffs. No
voters’ lists appear to exist in Prince Edward Island.
These courts have all the powers necessary to compel
the attendance of witnesses and the production of papers
and books. In fact, all the provinces, with the exception
perhaps of Prince Edward Island, have made very com-
plete provision for placing every lawful voter on the
ofﬁcial list.

9.—~Gourts of Divorce.

In the provinces of Nova Scotia, New Brunswick, and
Prince Edward Island there are courts with power to
dissolve a marriage betxxecn parties for such causes as
the law allows. In the case of British Columbia, the
supreme court of that province holds that it possesses all
the jurisdiction conferred on the court of divorce in
England. By the British North America Act the parlia-
ment of Canada has sole power to deal with the subject
of marriage and divorce, and can alone grant divorce by
special legislation on each case that comes before it
from Quebec, Ontario, Manitoba, Alberta, Saslratchewmz,
and the Northwest Territories, where no courts have
been established by its authority. The courts in the

INFERIOR COURTS IN CRIMINAL CASES. I89

maritime provinces existed before 1867, and continue
to exercise their powers in the absence of dominion
legislation. The senate, where bills of divorce are first
presented by usage (see zzéatve, p. 94), has a special
committee and special rules on the subject.

10.—Jurisd.iction of Inferior Courts in Criminal Cases.

In criminal cases theilaw gives to the lower courts
a certain limited jurisdiction. In all the cities of Canada
—and also in every large town of Ontario~—thcre are
police or stipendiary magistrates who try offenders and
punish them summarily for drunkenness, disturbances,
breaches of the peace, and other minor offences, or send
for trial at the superior courts those persons who are
charged with criminal offences, and Cannot, or do not
wish to be tried in these courts of mere summary juris-
diction (scc below, p. 182). Justices of the peace have
also power to convict persons charged with a criminal
offence, where the services of police or siipendiary magis-
trates are not available. In the province of Quebec the
recorders have the powers of police magistrates or of
two or more justices for the preservation of the peace.
In all cases of criminal charge it is simply the duty
of the presiding magistrate, or justices, as the law of :1
province may provide, to see whether the evidence
brought before him is sufficient on the face of it to
authorize him to send the accused person to a higher
court for trial. In trivial matters the magistrate Simply
issues a summons or order to the offender to appear
before him on a certain day. in serious offences, like
charges of murder, forgery, breach of trust, robbery,
arson, and so forth, he issues his warrant, which is a

I90 COURTS OF LAW IN THE PROVINCES.

command to a constable or policeman to arrest the
accused and bring him before the court immediately.
When a person disobeys a summons the magistrate will
issue a warrant for his arrest. The justice can commit
a person to jail who refuses to be sworn or to give
evidence in a case. Prisoners may be “remanded,” that
is to say, their case may be postponed until another day
for adequate reason. Bail maylbe taken for their appear-
ance in such cases according to the circumstances of the
case and the nature of the offence. Witnesses are called
for the prosecution, and counsel may be heard on both
sides. The accused may he heard in answer to the
charge, after the examination of the witnesses for the
prosecution and whatever he says is taken down in
writlngwand as the justice warns him~—can be given in
evidence against him at the trial. Every witness called
by the accused to testify to any fact relevant to the case
must be heard. The information-that is the written
statement, of the charge or charges generally on oath, on
which the justice issues his wax-rant—~the evidence, and
all other papers relating to the inquiry must be for-
warded by the magistrate to the clerk or other proper
officer of the court by which the accused is to he tried.
In cases where the accused is not charged with treason,
or an offence punishable by death, or offences against
the king’s government or person, bail may be taken for
his appearance before the trial court by two justices or
by a judge of any superior or county court in the
district where he may he conﬁned. In the other cases
mentioned above, bail can only be allowed by order of a
superior court of criminal jurisdiction for the province,
the high court of justice in Ontario, the l<ing’s bench in

INFERIOR COURTS IN CRIMINAL CASES. I91

Quebec and Manitoba, or the superior courts in other
provinces.

The following‘ judicial functionaries may at once——
.rz¢mmarz'[y, as it is legally ca1lcd—disposc of cases of
persons accused of theft, assault, gambling, or minor
criminal offences, who may choose to be tried without
a jury in preference to being committed to jail for trial
before a higher court:

In 0zzz’(m‘a, Qua-écc and rllzz/zz’tohz.—]udges of county courts,
recorders, commissioner of police, judge of the sessions of the
peace, police and district magistrates, or other judicial officers who
can alone, under a provincial law, perform such acts as are usually
clone by two or more justices of the peace.

17; Nova S5012}; and New ]5’rwmuzZ‘/.1.——~Rccorder,* county court
judge, police or stipendiary magistrate, commissioner of police.

In Prz’7z:.e Edwzzm’ [rlzmd mm’ 1;’rz’tz’.r/2 Cr)/mzzﬁzkz.—Stipendiary
magistrates or two justices of the peace.

In Albzrltz ml/Z Saxézzlc/mcilzz/2.—]utlges of the supreme court, or
any two justices sitting together, or any justice having powers of
two justices.

The criminal law (now embodied in a code) is within
the jurisdiction of the Dominion government, and there
is only one law and practice for the whole Dominion.

Appeals are allowed to the supreme court of Canada
in criminal cases only when the court of appeal in a
province is not unanimous. No appeal can be brought
in any criminal case from any judgment or order of
any court of Canada to the judicial coinmittee of the
privy council (see aéaw, p. 66).

* The recorders of the maritime provinces appear new to be nothing
more, as a rule, than solicitors ur advisers for municipal corporations.
The towns’ i!1<:Ol’p(>r£lliOxi act of Nova Scotia allows the stipendiary magis-
tratc of a town to hold the ofticc, and this is accordingly done very
generally in the province. In the province of Quebec the recorders are

judicial oﬂﬁcers and can act as judges o qons (see above, pp. 180, 181).
The oihce is a survival of old English jud ial practice.

192 COURTS OF LAVV IN THE PROVINCES.

11.—Process. .

Every court gives effect to its powers by forms of
proceeding (process) set forth in the statute deﬁning its
jurisdiction and in its rules of practice. In civil actions,
process is of various kinds: I. A writ of summons
to compel a defendant to appear before a court. 2.
Subpoena, or summons to witnesses to appear and give
evidence in a suit or be subject to a penalty or punish»
ment (which is the translation of mﬁ/2mzzz). 3. Summons
to jurors to appear at a trial. 4. Execution of a judg-
ment or order of a court, besides other proceedings not
necessary to mention here. A warrant is a guarantee or
protection (the original meaning of an old French word
wzxrmzl) to the person executing it that he has authority
for so doing. It is by warrants that persons charged
with crime are brought before 21 magistrate and com-
mitted to prison, and other processes necessary in civil
and criminal cases executed.

I 12. «Sheritt and Officers of the Courts.

The most important officer in the execution of process
of law is the sheriff, who is appointed by the lieutenant-
govornor in council in the provinces. One sheriff is
appointed for every county or judicial district in a
province. Here again we have another example of our
close adherence to old English names. The slieriff was
in Saxon times the judicial president of the stir-gewzoz‘,
or assembly (gzmol) ofthe shire (552%), one of the divisions
of the English kingdoms. He was the “ reeve ” or head-
man of the shire, the .rcz‘r~gen/(1, which has in the course
of centuries been softened to sheriff. In Noi’inan times
the shire became a county, and its government, judicial,
military, and ﬁnancial, was practically executed by the

SIIEIRIFF AND OFFICERS OF THE COURTS. I93

sheriff, who was directly responsible to the king. In the
course of time he was deprived of his large powers, and
became El purely civil officer. He is now in Canada an
officer of dignity, connected with the superior courts,
whose orders, sentences and judgments are carried out
under his direction, even to the execution of a criminal.
He summons juries, has charge of the jails and their
keepers. He appoints his own deputies and officers, and
is responsible for their misconduct and negligence in
executing the process of the courts. He gives security
for the proper performance of his onerous duties.

In connection with the courts there is also 21. large
body of ofﬁcers, known as county attorneys, clerks of the
peace, deputy clerks of the crown, county court clerks,
registrars of high or surrogate courts, and others, all of
whom are appointed by the government ofa province to
perform special duties in connection with the adminis-
tration of justice. Every process of £1 court is duly
issued, and registered in the records of the court, by
the proper officer. The prothonotaries*’ in Quebec and
elsewhere are the clerics of the superior courts, who issue
writs, keep the archives and records, and enter judg~
ments. In Quebec they have the right to appoint tutors
and render judgments in certain uncontested commercial
cases.

The name of constable, now the lowest in the judicial
machinery, goes back to early Norman times, when it
represented an ofﬁce of high dignity, which nobles were
proud to hold. The constables of the superior court are
generally known as baliffs. All constables are “peace

“‘ From two Greek words, meaning a first notmy or clerk.
13

L94. COURTS OF LAVV IN THE PROVINCES.

officers” who serve the summons and warrants of the
proper courts. In cities they are known as policemen.
They can arrest persons who break the law in their
presence, and bring them before the proper court at the
earliest possible movement. Otherwise they act only
under an order ﬂom a magistrate, sheriff, or court. In
times of threatened riot or disturbance, special con~
stables are appointed by justices to preserve the peace.
Constables are appointed by the judges of sessions or
magistrates, or municipal councils, or police commis-
sioners, as the law provides in each case in a province.
13.~OﬁE1ce of Coroner.

The office of coroner goes also back to early English
times, when he was a royal ofﬁccr specially appointed to
look’ after the peace and interests of the crown (Latin
cormzzz, thence coroner) in a special district allotted to
him. It is now his duty to inquire into the cause of the
death of :1 person who is killed or dies suddenly, or in
prison. ,W’hen the circumstances of the case require an
investigation, he summons a. jury, calls witnesses, and
holds an “inquest” on view of the body at the place
where it was found. Upon the facts disclosed a verdict
is given by the jury. Persons may be charged with
murder, manslaughter, or culpable negligence, accord—
ing to the nature of the death. VVheu a coroner’s
“ inquisition ” (inquiry or investigation) charges a person
with manslaughter or murder, he must issue his \varrant
to bring the accused immediately before a magistrate
or justice, who will proceed to make inquiry into the
case as the law provides. Coroners can also investigate
the origin of fires, when the circumstances point to
incendiarism or criminal design.

THE LEGAL PROFESSION. I95

14-—~The Legal Profession.

In each of the provinces there is a law society, incor-
porated by statute, for the promotion of the interests of
the legal profession, and the regulation of the study
necessary before admission to the practice of law. In
nearly all the provinces every person must be entered as a
student-at-law, according to the rules of the several law
societies, for ﬁve years before he can be admitted to the
bar. But an exception is made in the case of one who
has taken a degree in arts or law in a recognized univer-
sity. In Ontario, Manitoba and British Columbia, the
term of studies for a barrister is then reduced to three
years. In Quebec, only one year is taken offfor admission
as “an advocate “—the general designation of a. lawyer
in this province—when 3. student has received a degree
in law in 21. university. In Nova Scotia four years’ study
admits a barrister, but one year is deducted in the case
of a university graduate. In New Brunswick, four years’
study is required for admission as an attorney, but one
year is talqcn off in the ease of a university graduate.
Then at man can be admitted as a barrister one year
after becoming an attorney. In Prince Edward Island,
ﬁve years’ study is necessary for an attorney and one
year later he can be admitted as a barrister, but two
years are taken off for a university graduate. An
attorney is one who does not plead in court, but prepares
“ the brief,” or case for the barrister or counsel, who can
alone plead and argue before the judge. In other pro~
vinces attorneys are also called solicitors, and are
admitted on the same terms as barristers. in all the
provinces examinations are necessary before a man can
be admitted to the study and practice of law, under the
regulations ofthc different law societies. The universities

I96 COURTS O1″ LAW’ IN T1115 PROVINCTJS.

of the provinces now, generally speaking, have regular
courses of lectures and examinations in law, and confer
degrees of bachelor and doctor of laws. In any event,
everyone must pass 21 satisfactory examination before a
board of examiners, chosen by the bar, before he is
permitted to practice.

The attorney-general of :1 province has precedence at
the bar over all other members, but he ranks below the
minister of justice as attorney-general of the Dominion.
Both the dominion and provincial governments appoint
l<ing’s counsel, who have a certain precedence at the bar,
and ought to be always men of high legal standing.

l5.~Nota.ries.

In Quebec, notaries form a distinct profession, and are
incorporated. They are public ofﬁcers, whose special
duty it is to draw up and execute legal deeds, assure the
date thereof, preserve the same in safe keeping, and
deliver copies and extracts of the same, for certain fees
regulated by law. No advocate or physician can hold
the position. A course of ﬁve years’ study is required
before admission. In the other provinces, notaries are
generally lawyers, appointed for that special purpose by
the lieutenant—governor in council. Other persons, not
members ofthe legal profession, can be appointed when
they have the qualiﬁcations required by law. A notary
——-generally called “ notary puhlic,”-as in Quebec, ccrti~
ﬁes deeds and other writings, or copies of the same, and
his seal and Certiﬁcate give them validity at home and
abroad. Their most common duty is in the “ protesting ”
of notes and bill of exchange—in other words, a legal
declaration necessary when such commercial paper or
liability is not paid at the time and place required under
the law governing these matters.

CHAPTER VII.
TRIAL OF CIVIL AND CRIMINAL CASES.

1. 0rz’gz‘7z of Comm 4/” Asszlw, 1Vz’sz’ Przizr, 0;/er and 7‘ermz’7zer,
:1/:.—2. Trial 41/jury. ——3. Trial of Cz’w’Z Acz’z‘o;zs.—4, T rial
af C7“z‘//zz’mz/ 0_ﬂZ’7z£m.-——_5′. Apfﬁwls 7’71 Crz’1M’71zzl C(z.reL—
6. Sﬁmzly Trial of Crz‘mz’/1a/ 0ﬂEvz(c3.——7i Jfxlrzzziitiarz of
Crz’mz’7m/r.———<$’. I/Vril of Habear Corﬁzar.

1.—O1‘igin of Courts of Assize, Nisi Prius, Oyer and
Terminal‘, etc.

The judges of the high courts of justice, whether
called supreme or superior‘, or high courts, make what
are called “circuits” of a province at least twice a
year, and hold courts for the trial of civil and criminal
cases not limited in their nature In Quebec, however,
judges appointed to the superior court of” the province
are allotted to one of the districts. They must reside
therein and this court is only held at the chef-lieu
of that district. These are the courts in which life
and property are most deeply involved. Here we
see in full operation that system of trial by jury which
has always been the distinguishing feature of English
law and justice, as compared with the methods of France
and other nations. These courts have long been known
as courts of assize, nisi prius, of oyer and termincr, of
general jail delivery. In their origin and methods of

procedure we see the example of England as in all our –

institutions of government. When it became necessary
to separate the original king’s court (maria regzlv) of early
Norman days into branches to meet the increasing
demands of the people for justice, three divisions were
formed: (1) The exchequer attended to revenue and
[I97]

I98 TRIAL OF CIVIL AND CRIMINAL CASES.

ﬁscal matters; (2) common pleas, to all matters of a
civil nature; (3) the king’s bench, to criminal and all
other business not given to the other courts. In the
course of time another court arose, known as the chan~
cery, to pr5vide redress for petitioners who could not
readily obtain it under the rules of law and procedure
that obtained in the common law courts. Justices also
were sent on the circuit of the kingdom to admin-
ister justicc in counties. It seems to have been always
a fundamental principle of the administration of law in
England that cases, whether civil or criminal, should be
tried in local courts or in the presence of the county and
people where the suitors or accused lived, and not in a
distant or unknown tribunal. It was as an expansion of
this principle that trial by jury arose in the-judicial
system of England. In olden times, for a long while
after the Norman conquest, it was customary to summon
twelve persons who lived in the imrnediate neighbour~
hood where a dispute had arisen, and to swear them to
tell the truth according to their knowledge of the facts,
or by their “recognition,” as it was called. In fact,
they were simply witnesses who acted to the best of
their knowledge and belief, and represented the opinions
of the district where they lived. Eventually there arose
out of this primitive method of coming to a conclusion
on a disputed case, the practice of calling witnesses,
and of summoning twelve men of the neighbourhood
to decide on the facts as set forth in the evidence.

In the words jury. assizc. nisi prius, oyer and tcrminer,
we see the evidences of I\’orm:m inﬂuence in the courts
of England and her colonial possessions. “Jury” comes
from an old French word meaning to “swear,” and was

TRIAL Bv‘ JURY IN CANADA. ‘ :99

applied to the body, because the ordinance or “assize”
that ﬁrst summoned them required each member to take
an oath. “Assize” is also derived from the Norman
French, and was used originally to designate the sittings
or sessions of a judicial or even legislative body, and
subsequently even to the ordinance or law of such an
assembly. “Nisi prius” is also a phrase of old legal
proceedings. Formerly the sheriff of a county was
commanded to bring a jury to Westminster—the central
tribunal of the kingdom—on a certain day mz/ess éefore
(the translation of “nisi prius”) that time the justices of
assizes came into the district. Now a trial at nisi prius
means simply when an action is tried before a judge and
jury. The words “oyer and terminer” (hear and
determine) are also relics of the days when English
statutes and the proceedings of the courts were in
Norman French. Consequently when we hear of the
judges holding such courts we know that it means that
they come clothed with authority to hold sittings at which
they will hear and judge all cases brought before them.
Then there is a general jail delivery. The jails then
must deliver up their prisoners for trial before a jury of
sworn men chosen from the neighbourhood, as in old
English times. Below Iexplain the method of choosing
a jury on a criminal trial ([3. 205).

Persons on bail must come forward and surrender
themselves for trial, or else their securities will have to
pay the penalties the law has required.

2.——Tri.a.1 by Jury in Canada.

Trial by jury, which never existed under French rule,

was established in Canada in 1785 in matters Cy”
I‘

200 TRIAL OF CIVIL AND CRIMINAL CASES.

commerce and personal wrong‘. 0! course the system
formed part of the criminal law which was introduced
into Canada after the cession in 1763, and the king
instructed the governor-general, Murray, to pass an
ordinance to permit French as well as English to sit
as jurymen. Gradually it came very generally into
operation, even in matters under the civil law. At
present, jurymen in all the” provinces with the exception
of British Columbia require to be British subjects who
are on the assessment roll of a county or other district
where they serve, and to possess a certain amount of
real or personal property. In the province of British
Columbia they need only be British subjects and
electors in a district. In Quebec and Nova Scotia grand
jurors need a higher qualiﬁcation than petty jurymen.
Jurymen are chosen by ballot by sclectors——-certain
officials of a county——in Ontario and some of the other
provinces, but the process is too complicated to explain
it here intelligently. The complete list of jurors chosen
for a sitting of a court or assize is called a “panel,” from
the fact that originally the list was written on a little
slip or piece (pzmel in old French) of parchment. The
men selected for particular trials are said to be “impan-
nelled,” entered or enrolled on the list.

In civil cases of disputed facts juries are still required
in the majority of the provinces, but of late years the
tendency has been to allow the judge himself to decide
on the evidence in matters where there are nice and com-
plicated points of law at issue, and juries are now be—
coming less common. As a general principle, however,
in the determination of actions at law the judge decides
the law, and the jury the facts of the case. In all criminal

CIVIL ACTIONS. 20]‘

cases before the court an accused has a right to a jury of
twelve men, and the verdict must be unanimous for con-
viction. It is optional for him to be summarily tried by
a county judge or-justice in certain cases.

In the trial of issues of fact in civil actions it is no
longer necessary to have a jury of twelve or to have their
unanimous verdict. In Ontario, the number of a jury is
twelve, or eleven under certain circumstances, and the
number required for a verdict is ten. In the other pro~
vinces the respective numbers are as follows: Quebec,
twelve in all and nine for a verdict; Nova Scotia, nine in
all and seven for a verdict after four hours’ deliberation ;
in New Brunswick, seven in all and ﬁve for a verdict in
the supreme court, but ﬁve in all and four for a verdict
in the county court; in Prince Edward Island, seven in
all and ﬁve for a verdict; in Manitoba, twelve in all but
nine for a verdict, though parties may agree to a jury of
nine; in British Columbia, eight in all in the supreme
court, with three-fourths for a verdict in the same
court, but ﬁre in all and four for a verdict in the
county court, when in either case they have been in

deliberation for three hours and are not unanimous in all
respects; in Saskatchewan twelve form the jury, and ten

can return a Verdict.
3.—~‘I‘I-ial of Civil Actions. .

In actions between persons for the settlement of a
dispute, the one who commences the suit for redress is
called the plaintiff (from the French word meaning one
who camp/(#713), and the other who is asked to give
that redress or to defend his refusal is the defendant
(from a French and Latin word meaning to ward oﬂ; or
mzztexz‘). The plaintiff obtains from an ofﬁcer of a court

202 TRIAL OF CIVIL AND CRIMINAL CASES.

a writ of summons containing a statement of the claim,
and this is served on the defendant, who has to put his
defence in the form required by law, The case is placed
before the court in It pleading, the object of which is to
get from both parties -a full statement of the claim and
defence. When the case is ready for trial, and is called
by the officer of the court, the counsel for the plaintiff
opens the pleadings, or explains the nature of the claim
at issue. He then calls upon his witnesses, who are
examined one after the other by himself under the rules
of evidence, and cross—examined by the defenclanfs
counsel to break down their testimony, if possible, or
bring out some points in favour of the defendanfs side.
Then, when the evidence for the plaintiff is all in, the
defendant may call and examine his witnesses, who are
cross—examined in turn by the plaintiffs counsel. If
there are no witnesses for the defence the plaintiffs
counsel sums up his evidence, and the defendant’s coun«
sel replies. Sometimes the judge may order a “non-
suit”; z‘.e., on the ground that the plaintiff has failed to
make out hiscase, But when evidence is given on both
sides, the counsel for the defendant sums up, and the
counsel for the plaintiff replies. If the case is one for a
jury, the judge reads the evidence and makes such
observations as law and usage allow him, and instructs
the jury as to the law of the case. The jury then retire
to their room to consider their verdict, which will be
based on the facts, the law of the case they must take
from the judge. If they have decided (see aéazzz, p. 201)
for the plaintiff or defendant they return, and through
their foreman state its nature. If they cannot agree, and
the judge is of opinion that there is no probability of their

CRIMINAL OFFENCES. 203

coming to an agreement, they are discharged from
attendance, and the case has to be tried at another time
before a new jury. Speaking‘ generally, the costs are
paid by the person who has lost his suit, These are,
however, matters of detail to be decided by the court
according to its discretion and the circumstances of the
case. The law gives suitors in civil cases every possible
opportunity of appeal to the court above (see zzlzzwe,
p. 182). A plaintiff or defendant may conduct his own
case, but when neither is a lawyer the wise course is to
employ a professional man. A person charged with a
criminal offence has also the right to defend himself.

é.—Tria.l of Criminal Offences.

In criminal cases, involving life and liberty, justice
proceeds with great deliberation. It is the duty of the
crown prosecutor~—a county crown attorney in Ontario-
to take all the steps that the law requires for the trial of
a prisoner committed to jail by a magistrate (see above,
p. 175) on a criminal offence. Before the person can be
tried before the court of assizes he must be indicted—that
is, the court must have before it a statement showing in
strictly legal form, but in explicit and popular language,
the nature of the offence for which he is to be tried.
This indictment must be prepared by the crown counsel
or attorney authorized by the attorney-general of a
province to look after the preliminaries of crown cases.
It is his duty to.submit the “information” (see allow,
1:». 175) and all other papers setting forth the cause of
commitment before what is called a grand jury (except
in Alberta and Saskatchewan where it is sufficient to
have the trial commence by a formal charge in writing

204 TRIAL OF CIVIL AND CRIi\lINAL CASES.

setting forththe offence) which jury is composed of, in the
provinces, not less than twelve and not more than twenty-
four persons chosen specially from a carefully selected
panel or list ofjurymen (see aéozle, p. 200). In provinces
where panel is not more than thirteen, seven only are
necessary to ﬁnd a “true bill.” The grand jury do not
“ try ” mi accused. No witnesses in support of the
prisoner are examined, but the jury simply come to a
conclusion whether there is sufficient evidence before
them to put the prisoner on his trial. If the jury decide
that there is a case against the prisoner, then their
foreman writes :1 “true bill ” on the bill of indictment or
the information laid before them. If there is no such
case, he writes “no case,” and the accused is entitled
to his liberty unless there is another bill of indictment
in his case to be considered. From time to time an
agitation has been started for the abolition of this jury_,’
but the conservative instincts of the people have so far
prevented any change being made in an old English law
originally instituted for the protection of persons accused
of grave offences. ,

In the case ofa “true bill,” the accused is put on his
trial before a petty (from the French /7:12)‘) or common
jury, chosen from the panel for that sitting of the court
(see aéow, p. 200).

The counsel for the crown is always a prominent
barrister and king’s counsel learned in the law, chosen
to conduct the prosecution by the attorney—general of
the province. In all criminal cases the crown, or the
reigning king or queen, is the prosecutor, and in his or
her name all actions are brought against those who

CRIMINLAL OFFENCES. 205

commit a criminal offence. The representative in a
province is the attorney-general, whose duty it is to
protect the interests of the crown and people in all
criminal cases affecting life, liberty and property. When
the prisoner is standing in the docl<,* in the presence of the court, the indictment must be read to him, and he is called upon to plead “guilty,” or “not guilty” as it most invariably happens. The next step is to choose twelve jurors from the panel, Each juryman is called by name and address, but before he is sworn, both crown and accused, acting through their respective counsel, can “challenge” (or object to) a juryman serving on the trial. This objection may be without cause assigned (“peremptory”) or for some special cause, as that he has expressed or is known to have an opinion on the case, that he is a particular friend of the accused, or is otherwise likely to be inﬂuenced one way or the other, The number of “challenges” are regulated by the law. chieﬂy with respect to the gravity of the offence. The following is the procedure in calling at jury to try a prisoner: The name and number of each juror on the panel, and the place of his abode, are written on separate pieces of card, each of equal size. These cards are handed to the proper officer of the court by the sheriff or his deputy, or other person having the panel in his charge, placed in a box provided for that purpose, and then well shaken together. The officer of the court draws one card at 21 time, and calls out the name and number on the same, until such 21. number of persons * l’robahly from an old Dutch word, meaning :7. cage. A prisoner is placed in the clock for felonious offences, or in other words for grave crimes. 205 TRIAL OF CIVIL AND CRIMINAL CASES. have answered to their names as will probably be sufficient to provide a full jury of twelve, after allowing for challenges. The oﬂicer then proceeds to swear each juror in the order in which his name is called, provided he is not challenged or obliged to stand by. Provision is made for mixed juries of English and French speaking persons in Quebec and Manitoba, when necessary. The twelve men at last selected and sworn in this way compose the jury to try the prisoner on the indictment presented by the crown. Then the crown counsel states the case against the accused, and points out the nature of the evidence to be produced. Witnesses for the crown are called, and when each has sworn or “afﬁrmed” to tell “the truth, the whole truth, and nothing but the truth,” he or she is duly examined by the crown counsel. Sometimes the court orders, in important cases and under special circumstances, that witnesses be kept out of the court room and separately examined. Counsel for the defence can cross-examine the witnesses. At the close of the case for the prosecution the defence must declare whether it intends to present evidence, and if the reply is in the negative the crown’s counsel may sum up, and the defence follows. The attorney or solicitor- gcucral, or counsel acting in behalf of either, may reply, but this is reserved for special occasions, or he may reply instead of summing up. VVhcn the defence has evidence to adduce, it has the right to open, and then examine witnesses. Any person on trial may give evi- dence on his or her own behalf. “hen the evidence for the defence is closed the counsel can sum up. The Crown’s counsel replies, and the judge ﬁnally reviews the evidence with strict impartiality and explains the APPEALS TN CRIMINAL CASES. 207 law as in civil suits (see mm, p. 202). The jury then retire in charge of an officer of the court to consider their verdict. When they have decided they come into court, and after each has answered to his name, the foreman declares whether the prisoner is “guilty,’’ or “not guilty.” When they cannot agree, and the court is satisﬁed that it is useless to keep them longer, they are discharged from attendance, and a new jury may be drawn from the panel or the trial postponed on such conditions as justice may require. Sometimes in giving a verdict of guilty on a case of capital punishment the jury may consider seine circumstances justify them in adding a recommendation of mercy, but this fact cannot prevent the passing of the sentence, though the judge must report the recommendation to the crown. Sometimes the judge has it in his discretion not to impose the highest penalty of the law, but to lessen its severity. But in cases of high treason or murder he has no such discretion. 5.—Appea1s in Criminal Cases. The law allows appeals to a higher court in criminal cases under special circumstances, and on the conditions laid clown in the code. Points of law may be taken to the court of appeal. I f that court gives a ﬁnal decision on the question submitted, it is final ; but if any of the judges dissent, the case may go to the supreme court of Canada- Sentence may be postponed until the point at issue has been decided, A new trial may be allowed, or other order given in the interests of justice. The court of appeal or the minister of justice may also order a new jury when the court before which the trial took place gives 203 TRIAL OF CIVIL AND CRIMINAL CASES. leave to the pi-isoner’s counsel to apply to the appeal court on the ground that the verdict was against the weight of evidence, or when the minister‘ ofjustice him- self entertains a doubt as to the justice of the conviction. If no appeal is allowed, or no new trial ordered, the verdict and sentence of the first court hold good, and the convicted person must suffer the punishment that the law has awarded him, unless indeed at the last moment the g’overnor—genera1 is advised under extraordinary and exceptional circumstances, that cannot well he deﬁned here, to exercise the royal prerogative of mercy, and modify the sentence, or pardon the prisoner. 6.—Speedy Trial of Criminal Offences. In the case of persons committed to jail for trial for certain criminal offences, they may elect—state their preference——to be tried at once without a jury by the following judicial functionaries out of the regular term or sittings of the court, at which they would be tried in the due course of law. In Qiwﬁu, judges of sessions, district magistrates, or sheriffs where there are no such magistrates. In 021z’zm’o, [V07/zz Stolziz, ]\’Mzr lira/max’:/c and 1’/’z’me Edewzrzz’ is/mid, county judges. In .Mzz2zz‘1‘o&iz, judges of the king’s bench or county court. In Brz’/z’i*/i ‘ Cz)/’24//zézlz, judges of the supreme or county courts, These judges sit as a court of record, which is called “the county com-tjudge’s criminal court“ with the exception of Quebec. [/1 A/éer/zz and Szzslvz/r//m’a’:z/1, any judge of the supreme or (ii ‘trict courts. In the ease of the former, the court is known as “district judge’s criminal court” and of the latter, of “district court judge’s criminal court.” That part of the code respecting speedy trials, does not apply to the Yltlmz or the [Var/ﬁ7x’e.rl T»3rrz’I‘:7r1’c:. 7.—Extra.dition of Criminals. Treaties exist between England and several foreign .:ountries—the United States being one—for the extra- dition (surrender) of persons who have fled to Canada after committing certain criminal offences in those countries. A judge may issue his warrant for the arrest WRITS OF HABEAS CORPUS. 209 of a fugitive on a foreign warrant, or on an informa- tion or complaint laid before him. The judge” may hear the case in the same manner, as nearly as may be, as if the fugitive were brought before 2. justice of the peace, charged with committing a criminal oﬁ”ence in Canada. When he commits a fugitive to prison he shall transmit all the papers in the case to the minister of justice, who, after inquiry, may order his surrender to the officer authorized by a foreign state to receive him. He cannot be surrendered until the end of ﬁfteen days after committal, and he can in the mean- time apply for a writ of /zaémr £07ﬂZ¢S (see éelow). The crimes for which a person may be surrendered are of a grave character: murder, forgery, larceny, embezzle- ment, abduction, arson, robbery, perjury, obtaining goods by false pretenses, and many others ; but no person can be given up for a purely political offence. 8.~Writs of Habeas Corpus. This famous writ, like so many proceedings in old English times, was written in Latin, and is now recog- nized by words that appeared therein, meaning “you have the body to answer” (/mbezzr wrjﬁzm mi .m&jz’cie7z;z’um). It is closely associated with the liberties of Englishmen, and its origin must be sought in the principles of the common law, which forbade the commitment of any person to prison without sufficient cause. This principle was embodied in Magzza C/zczrta, but it was not until the reign of King Charles II. that power was given to any court to issue the writ in cases of persons imprisoned on a criminal charge in England, or the colonies, or other countries, and not until 1816~—or I4 210 TRIAL OF CIVIL AND CRIMINAL CASES. nearly I40 years later-—was it extended to commitment on civil charges. In French Canada no such law was ever in force, and it was only after the cession of Canada to England that it was introduced as a part of the English criminal law, and incorporated into an ordinance to prevent doubts as to its operation. Now the law permits any person who is in prison on a criminal charge, and believes he has a right to his personal liberty, to obtain a writ or command of a superior court to the jailer to bring him before that court, when his case may be fully argued on the points raised ; and if he can show that he is unlawfully detained the court will order him to be discharged from custody. It is now chieﬂy useful in proceedings for the surrender of a criminal fugitive to the authorities of another country (see above, p. 208). CHAPTER VIII. PROVINCIAL REVENUES. 1. Sources z_7f1€a7/emze.——2. Pro:/izzrizzl Szaész‘/iz‘e:.—-3. Crow); Lands. 1.-—Sourees of Revenue. The revenues of the provinces are chieﬂy derived from the proceeds of royalties from mines (very valuable in Nova Scotia), the sales of crown lands, timber and minerals, and the subsidies or annual allowances made by the dominion government under the authority of the British North America Act, for the purpose of enabling 4 them to carry on their government {see ée/aw, p. 21 3). The ninety-second section authorizes the legislatures to impose direct taxation on the province in order to raise a revenue for provincial purposes, to borrow money on the sole credit of the province, and to raise money from shop, saloon, tavern and auctioneer licenses, in order to the raising of a revenue for provincial, local, or muni- cipal purposes‘ When the Quebec convention sat, this question of provincial revenue was one that gave the delegates greatest difficulty. In all the provinces the sources of revenue were chieﬂy customs and excise duties which had to be set apart for the general govern- ment. Some of the delegates from Ontario, where there had been for many years an admirable system of municipal government in existence which provided funds for education and local improvements, saw many I 211 ] 212 PROVINCIAL REVENUES. advantages in direct taxation; but the representatives of the other provinces could not consent to such a pro~ position, especially in the case of Nova Scotia, New Brunswick and Prince Edward Island, where there was no municipal system, and the people depended almost exclusively on the annual grants of the legislature for the means to meet their local necessities. All of the dele- gates, in fact, felt that to force the provinces to resort to direct taxation as the only method of carrying on their government, would be probably fatal to the success of the scheme, and it was ﬁnally decided that the central government should grant annual subsidies, based on population, the relative debts, the ﬁnancial position, and such other facts as should be brought fairly into the con- sideration of the case. These ﬁnancial arrangements were incorporated with the act of union, and necessarily entail a heavy expense annually on the exchequer of the Dominion. In consequence of the demand that arose in -Nova Sentia for “ better terms,” previous to and after the union, the parliament of the Dominion, in the session of 1869, legislated so as to meet the difﬁculty that had arisen, and it was accordingly decided to grant addi~ tional allowances to the provinces, calculated on increased amounts of debt as compared with what they were allowed in the British North America Act of I867 to enter the union. Manitoba, British Columbia, Prince Edward Island and in 1905, Alberta and SﬂSl{a’CCl1C\Va1‘l also ob tained annual subsidies in accordance with the general basis laid down in the constitution. It is from these subsidies that all the provinces derive the greater part of their annual revenues. Nova Scotia has a considerable fund ﬂ-om the proceeds of “royalty,” or a tax levied on PROVI-NCIAL SUBSIDIES. 213 the quantity ofcoal and other minerals raised at the mines. Ontario is in the most favourable position from the very considerable revenue raised from lands, mines and timber clues, and from the admirable system of municipal govern- ment, which has during half a century given such a stimulus to local improvements. In none of the provinces has there been a general system of direct taxation adopted for provincial purposes. In the maritime provinces the extension ofa system of municipal government, within a few years, will probably in the course of time relieve the provincial governments of some local expenditures that have been defrayed out of the general funds. 2. —P1’ov1’11c1’a.1 Subsidies. The subsidies and allowances paid in 1907 by the dominion government to the several provincial authorities in accordance with law are as follows :— Ontario. . .’ . . . . . . . . . .. $1,339,287.28 Quebec . . . . . . . . . . . . . . . 1,086,713.48 Nova Scotia. . .. . . . . .. 432,805.56 New Brunswick . . . . . . . . . . . , . . . 491,360.96 Manitoba . . . . . . . . . . . . . . . . . . . . 621,497.46 British -Columbia . . . . . . . . . . . . . . . 307,076.66 Prince Edward Island . . . . . . . . . . 211,931.88 Alberta . . . . . . . . . . . . . . . . . . . . . . . 1,124,125.00 Saskatchewan . . . . . . . , . . . . . . . . . 1,130,335.40 Total . . . . . . . . . . . . . . . . . $6,745,x33.68 3.-Grown Lands in the Provinces. In all the provinces there are large tracts of public, unsettled lands, called crown lands. By the British North America Act all the lands, mines and minerals 214 PROVINCIAL REVENUES. that belonged to Canada, Nova’Scotia and New Bruns- wick at the union remained in possession of the govern- ments of those provinces. The terms of union with Prince Edward Island in 187 3 enabled its government to purchase the claims of the proprietors to whom all the lands of the province had been granted by the imperial authorities in 1767. In this way the government of the island became at last owners of a small tract of crown lands not occupied by the inhabitants who, for the most part, had been only tenants before the purchase in ques- tion. The British Columbia government, on entering the federation in 1871, retained their public lands with the exception of what is known as the “railway belt,” which they conveyed to the Dominion for the construction of the Canadian Paciﬁc railway. In Manitoba, Alberta and Sas- katchewan and the Northwest Territories the public lands remain under the control of the dominion government, All these dominion and provincial lands can be granted only by the crown ; that is to say, by the govern- ments of Canada or of each province. The history of tenure of land in England and her colonial posses- sions goes back to many centuries ago. In earliest English times, all land that was not held by individuals belonged to the nation, and was called “folk—land.” It could be disposed of only by consent of the peoples council, the witenagexnot, or assembly of the wisemen. Gradually as the king’s power increased, and he came to be regarded as the nation’s representative, the public land was looked upon as his own. At ﬁrst, he asked the assent of the council before granting it, but eventually he dispensed with that form altogether. With the coming of Norman William the principles of feudalism——from CROWN LANDé IN THE PROVINCES. 215 “feod,” an estate—-which had so long prevailed in France and Germany, were established in England. F euclalism was based on the principle of a lord giving protection to an inferior, or vassal or tenant, for a certain service. This tenant or vassal received land from his lord in return for personal military service, or money or men. The absolute proprietorship in the soil, however, rested in the lord who could resume it on a failure of the tenant or vassal to perform his obligations. The king gave land to nobles or lords for a certain service; they again divided those lands among their own retainers also on certain conditions of homage or service. But the king of England from William’s time was the supreme lord to whom the barons and nobles, as well as the tenants under them, alone owed allegiance and service. “Folk-land” became now “crown land.” The whole soil of England, except the ecclesiastical domain, fell into the kings possession as a result of the conquest, and he granted it to those whom he chose. No land henceforth could be held as a grant except from him. In the course of centuries all the military conditions of land tenure and other aids which the king claimed as lord paramount of the kingdom were swept away, and the public or crown lands became a portion of the national revenue. The sovereign has given up his ancient hereditary revenues, of which the crown lands were a part, in return for a “civil list,” or a ﬁxed sum of money granted by parlia~ ment for the support of government and the maintenance of the dignity of the crown. In this way the crown land has again become practically the folk-land. The convey- ance of land in England is still remarkably encumbered by the conditions of old feudal tenure, but Canada as 216 PROVINCIAL REVENUES. a new country is free from all such difficulties. The seigniorial tenure of French Canada was a simple form of feudalism,‘but it was abolished forty years ago, and every man can now hold his land as the sole proprietor (see aéow, p. 25). In the present mode of granting the public domain, however, we see a relic of feudalism. The crown is still theoretically the owner, and in its name alone can the public land be granted away. The crown, however, now means the government of the Dominion, or the ‘government of a province, according as the lands lie in the one or the other, and they convey and grant land by a legal document called a “patent.” In all the provinces, and in the Dominion (see mm, pp. 80, 144), some member of the government has the supervision and management of this branch of the public service. Throughout Canada there are registry oﬂices under the charge of officials whose special duty it is, in return for a small ﬁxed fee, to record all grants, titles and mortgages, and all‘ other matters touching the sale, conveyance, and encumbrances of real estate, and to supply every infor- mation that may be required at any time on such matters. BIBLIOGRAPHICAL NOTE. The references in the bibliogmpliical note at end of Part Three (see abar/e, p. 141) apply to this Part; especially Born-inot’s Cm:lz’l14t2’ona1 War.{-:, and ’I‘odd’s Parldzrlzmlanl G07/ewmmtt in Me C010/zz’:.r, where a review is given of the constitutional systems of the different provinces. In all these books comments are made on the operation of the dominion veto of provincial legislation, and the great usefulness of the decisions of the courb in cases of constitutional doubt and diiﬁculty. All the books on the cabinet system of England, mentioned in the previous bibliographical notes (see aéow, pp. 68, I41) can be consulted in connection with pro- vincial government. FIFTH PART. MUNICIPAL GOVERNMENT IN THE PROVINCES. CHAPTYXR. PAGIL I-II.—NATURE or THE. MYJNICXPAI. SYSTEMS or TI-U.-: Pxo\’1NcEs.. 219 £917] CHAPTER I. NATURE on THE MUNICIPAL svsrms or THE PROVINCES. I. Growl}; oflxzazl Self-G07/cm//zem‘.-——2. Smluzazy Law G07/emz’7zg ﬂizzﬁzzkzfal 12z:«.’z’tzztz’oz2s.—_3. ./‘llmrzkzjml ])2‘z/z’.vz‘o7z:i—.«,r. Comm‘- z‘7¢tz’mz of C 07015173. 1.—C+rowth of Local Self‘-Government. We have now to consider the important place occupied by local self-government in the provincial structure. In the days of French rule, as my readers have already been told (see zzém/2, p. 15) the most insigniﬁcant matters of local concern were kept under the direct con- trol of the council and especially of the intendant at Quebec. Until 1841 the legislature of Quebec was practically a municipal council for the whole province, and the objection of the /zzzézﬂzizts to any measure of local taxation prevented the adoption of a workable municipal system. In Upper Canada, however, the legislature was gradually relieved of many works and matters of local interest by measures of local govern- ment which infused a spirit of energy and enterprise in the various counties, towns and cities. The union of 1841 led to the introduction of municipal institutions in both the provinces, in conformity with the political and material development of the country. By 1867 there was a liberal system in operation in Upper and Lower Canada, but the same cannot be said of the maritime [219] 220 THE MUNICIPAL SYSTEMS. provinces. It has been only within a few years that the legislatures of Nova Scotia and New Brunswick have organized a municipal system on the basis of that so successfully adopted in the larger provinces. In Prince Edward Island, however, matters remain much as they were half a century ago, and the legislature is practically a municipal council for the whole island. Cl1ar1ottetown and Summersicle have special acts of incorporation giving them elected mayors and councils, with the right of taxation for municipal purposes as in other provinces. At the present time all the provinces, with this one exception, have an excellent municipal code, which enables every deﬁned district, large or small, to carry on efﬁciently all those public improvements essential to the comfort, convenience, and general necessities of its in» habitants. Even in the Yukon every facility is given to the people in every populous district, to organize a system equal to all their local requirements. 2.——Sta.tutory Law Governing Municipal Institutions. The ninety-second section of the British North America Act (see Move, p. I 59), gives to the legislature of every province full control over municipal institutions. The legislature can consequently establish, amend, and even abolish a municipal system within the provincial territory. \/Vhile every province has a general law regu- lating its municipal divisions and their councils, there are also numerous special statutes relating to the corpor- ations or municipal councils of cities and towns. All councils exercise their powers in accordance with statu- tory enactment, and when they exceed them at any time Crri A\D CDL’\’I‘Y l3LIX.DI\GS, TORO\’1‘O [aux] 222 THE MUNICIPAL S\’S’l‘Ei\IS. they can be restrained by the courts, should the matter be brought before them, by legal process. V 3.—The Municipal Divisions. While there are many differences in the details of the machinery, all the municipal systems ofthe provinces are distinguished by certain leading characteristics. The municipal divisions common to all provinces are county, city, town, township and village. In Quebec the parish, which is first an ecclesiastical or church district, can also be formed by the civil authority at the request of the in- habitants into a municipality. In New Brunswick, the parish dates back tothe closing days of the last centuryand still remains a civil division, but it is also now applied in statutes to incorporated towns and cities. The county in all the provinces is the largest municipal division, and is really made up of the townships (and parishes as in Quebec and New Brunswick) within its territorial limits. 4.»-Constitution of Councils in the Provinces. In Ozztzzrio the county councils are composed of coun- cillors elected by “county council divisions,” the number of which depends on the population of each county. A division elects two members for two years. The council meets at or after two o’clocl( on or after the fourth Tues- day of January following the election, and a majority of a full council elect a warden from their own number. The council in every city consists of a mayor and three aldermen for every ward. The Legislature has provided for the election of a Board of Control, in cities of over 100,000 to consist of the mayor and three alderinen. In every town, of a mayor and three Councillors for each ward when there are less than five, or two when there are ﬁve or more wards; in every CONSTITUTION OF COUNCILS. 223 township, of a reeve and four councillors; in every village, of a. reeve and four councillors. Mayors, reeves, and councillors are elected by general vote except in cities and townships divided into wards, where each ward elects aldermen and councillors as provided by laun Electors may vote for a by—law providing as follows: That in the case of towns, with a population of not more than ﬁve thousand, a mayor and six councillors maybe elected by general vote; in towns of more than ﬁve thousand, and in cities of ﬁfteen thousand and less, councils may consist of a mayor, and one-alderman for each thousand, elected by general vote, or of a mayor and six aldermen when the population is less than six thousand. Alder- men in cities of more than ﬁfteen thousand may be elected by general vote, and in cities of more than forty thousand, by a general vote in two electoral divisions— one—half for each division. The councils of every muni- cipality (except county councils as stated above) hold their first meetings at eleven o’clock in the forenoon of the second Monday of the same January in which they are elected, or on same day thereafter. In }3’rz’iz‘r/z Colzmzézkz councils of cities established since 1892 consist ofa mayor and from nine to five aldermen; of townships or of district municipalities, of a recve and from seven to four councillors. These numbers may be increased under certain conditions. Mayors and reeves are elected annually by general vote, and aldermen and councillors by wards where such exist. The law makes special provision with respect to cities of Nanaimo, Vic- toria, Vancouver and New VVestminster. 224. THE MUNICIPAL SYSTEMS. Z7; Queue: the county councils are composed of all the mayors in the “local municipalities” in the county. These mayors are called “county councillors” in the county council and choose the head or warden every year from among their number. The “local municipal- ities” comprise parishes, townships, towns and villages, which are governed by councils, each of which is com- posed of seven councillors elected by the ratepayers in each municipal district, or appointed by the lieutenant~ governor of the province in case of a failure to elect. A councillor remains in ofﬁce for three years, but subject to the condition that two councillors must be elected or appointed two years consecutively and three every three years. The mayor or head of council is elected by a majority——a quorum——of the whole council and holds office for a year. Cities and many of the towns have special acts of incorporation, and aldermen and council- lors are in all cases elected by a general vote of rate- payers. – In the majority of cities the mayors are elected by a general vote ; in some, by the board of aldermen. In Now: 550122: the county councils consist of councillors annually elected by the ratepayers—one for each polling division of a county electing a member to the house of assembly, except in certain polling districts, mentioned in act, which are given two——and of a head or warden, appointed by the council every year. Town councils are composed of a mayor and not less than six councillors, elected by the ratepayers. Many of the towns have special acts of incorporation but all are new subject to a general act. The mayor is elected annually, and . a councillor for two years. In Halifax, which has a special charter, the mayor is elected annually, the eighteen alder- ’ men for three years, one-tliird being elected every year CONSTITUTION OF COUNCILS. 225′ In New Brzmswzbé the county councils consist of two councillors elected annually for every parish——cxcept in special cases provided for by law——and of ’a warden appointed annually by the council. Cities have special acts of incorporation, and elect their mayor and aIder~ men. 112 ./llzmiiabzz the city councils consist of a mayor or head, and of two aldermen for each ward. The_ town council, of a mayor and two councillors for each» ward. The village council, of a mayor and four councillors. A council in a rural municipality consists of the reevc (or head) and of such a number of councillors——not ex- ceeding six, and not less than fourmas the bylaw of the district may ﬁx. Mayors, aldcrmen, reeves and council- lors are annually elected by the ratepayers. One alder- man for each city ward is elected each year for two years. In 5lZ.S‘l’LZz‘l/1£’ZUtZ7Z there is a department called dcpart— merit of municipal commissioner. He acts as arbitrator between councils and has general superintendence in municipal matters. In cities, the councils consist of the mayor, elected annually, and not less than six nor more than twenty aldermen, to be fixed by by-law of the council; they receive $3 per meeting or maximum of $I50 per year. In towns, the councils consist ofa mayor and six councillors, three being elected each year. In villages, the councils consist of three councillors, elected annually. In rural municipalities the councils consist of a rceve and one councillor for each division deﬁned by the commissioner (municipalities comprise 324. square miles, and each division 54 square miles). Upon the ~petition of twenty—ﬁve residents, any territory not in a 226 THE MUNICIPAL SYSTEMS. municipality, may be erected into a “district” under the “local improvements act.” It must comprise not less than 108 nor more than 216 square miles of territory. It is governed by a council of from three to six members who elect their chairman. I71 Aléertzz municipal matters are under supervision of the Minister of Public Works. This province has passed a Village Act and Local Improvements Act similar to those in Saskatchewan. Rural and town municipalities are governed by chapter 70 of the Consolidated Ordinances of Northwest Territories of 1905, which provides for the former a council composed of a reeve and four councillors, and for the latter a council consisting of a mayor and six councillors. Cities are regulated by their charters. CHAPTER II. NATURE OF THE MUNICIPAL §YS1’EhiS OF THE PROVINCES.–— Coiztimmi. 5. How a Comm‘! Exe2′:z’:cr 2)‘: Pozuers.-—~6. EJ551237; zf Comzcils. ~— 7. Ilemis and Oﬂfrers. ——é’. 11/ezlzhgs. ~9. 1>’yZ/zzr/x. —
I0. Mzazziapal Aams//mzt or Tm-alz’mz. ~11. Borrowbzg
Powers nf Ca}ma’l:.~—I2. Hz‘.vlarz’c Onjgirz of JV/awe: of
Mrarzitzyﬁzzl Dz’7/z’.n‘mz.v, err.

5.—How a. Council Exercises its Powers‘

‘After this short summary of the municipal councils in
each province we may now continue a review of the features
common to the systems of all the provinces. The
inhabitants of each of the municipalities described in the
foregoing chapter, form a “ body corporate” whose
powers are exercised by their respective councils under
the municipal law. The name of such corporate bodies
is “ the corporation of the county, city, town, etc.,’’ 01‘,
as in Quebec, “the municipality of the county,” or
“parisli,” or “town,” as the case may be. This legal
name should be used on all occasions and in all docu-
ments affecting the corporation. The council——generally
known. as “the council of the city of Ottawa,” or “the
county of Carleton,” as the case may be~——has powers
only within the limits of its municipal district, except
in special cases where the law extends its authorityi
Its orders within its legal powers must be obeyed by all

[22\ ]

228 THE MUNICIPAL SYSTEMS.

persons subject to its jurisdiction. It can acquire real
and personal property by purchase, sell or lease the
same, enter into contracts, and sue and be sued in any
cause and before any court like any private and incorpoiu
ated company or individual.

6.—E1eetion of Councils.

All councils are elected by the ratepayers in their
respective municipal divisions ; that is to say, by electors
rated on real or personal property on the assessment
roll. In Ontario, Manitoba and British Columbia,
farmers’ sons resident with their parents can vote.
In Manitoba and British Columbia, persons holding
“homesteads” under the dominion law (see I12/ow, p.
277) can also vote. In the majority of the provinces,
all taxes must be paid before an elector can vote.
In all cases, an elector must be a British subject,
and with one or two exceptions, of the age of
twenty—one, and not a criminal or insane. Widows
and unmarried women, rated on the assessment roll, can
vote in Ontario, Alberta and Saskatcliewan; in Manitoba
and British Columbia, all women who are taxed in their
own right can vote 3 but in Nova Scotia an exception is
made of married women whose husbands can vote.
W’ardens, mayors, aldermen, reeves and councillors must
be British subjects and property holders. They must
take an oath or make a declaration of office and qualiﬁ-
cation before assurning their seats. The elections are
held at such times as the law provides in each province
—generally in the first part of january in each year.
Nominations of candidates are made by a certain number
of electors on aday ﬁxed by the law before such elections.
In all the provinces, except Quebec, the voting is by
ballot. The laws of the provinces generally—-those of

OFFICERS OF COUNCILS. 229

Ontario being most complete—provicle for the contesta-
tion of any municipal election on the ground of” violence,
fraud or corruption, or incapacity, or informality in the
proceedings. Corrupt practices can be severely punished.
Judges, police or stipendiary magistrates, sheriff and
sheriff’s ofﬁcers, jailers, constables, officers of the courts,
officers of the councils, persons having contracts with a
council, solicitor or attorney of the corporation, cannot sit
in any municipal council of the provinces. In Ontario,
Quebec, and some other provinces the disqualiﬁcation
extends to tavern—keepers and persons engaged in the
sale of liquors by retail. In Quebec, British Columbia
and Nova. Scotia clergymen cannot be elected ; elsewhere
they are exempt but not disqualiﬁed. All persons over
sixty years of age, members of parliament, members of
government, all persons in the civil service of the crown,
professors of universities, and teachers in schools, ﬁremen
and ﬁre companies, are exempted from being appointed
to a council or any other municipal ofice. In all these
cases of exemptions and disqualiﬁcations the law in each
province must be consulted, as it is impossible to give
here more than those common to all the provinces.
7.-—Hea.ds and Officers of Councils.

The head of a council, as shown above, (pp. 222, 223)
is a warden, or mayor, or recve. He is chief executive
ofﬁcer of the corporation. He presides over the meetings
of the council, signs, seals, and executes, in the name of
the council, all debentures, contracts, agreements or deeds
made and passed by the corporation, unless the council
otherwise provides. It is his duty to be vigilant in exe-
cuting the laws for the government of the municipality;
to supervise the conduct of all subordinate officers as far
as lies in his power; to cause all positive neglect of duty

23O THE MUNICIPAL SYSTEMS.

to be punished; to recommend to the council such
measures as may concluce to the improvement of the
ﬁnances, health, security, cleanliness, comfort and orna-
ment of the municipality. All heads of councils, as well
as aldermen in cities are, by virtue of their office, justices
of the peace within their respective municipal divisions
as long as they are in office, for purposes arising under
the municipal law. In Saskatchewan commissioners
are appointed who act with mayor of cities to prepare
estimates, etc., and submit matter to council. Con-
nected with every municipal corporation is a large
body of officials, appointed in all cases by the councils,
and holding their ofﬁces during pleasure. Such officers
as clerks, and treasurers, are permanent in their nature,
but the majority of others, like assessors, valuators,
auditors, road commissioners, or surveyors, path-
masters, poundkeepers, are, as a rule, appointed from
year to year. The practice is to continue efﬁcient men
in ofﬁce as long as they are willing to serve, The most
important ofﬁcer of every council is the clerk, whose duty
it is to record the proceedings of the council, keep all
the books, publish bylaws, and perform numerous other
duties regulated by law or the bylaws or resolutions of
the appointing body. The treasurer receives and keeps
all corporation moneys, and pays out the same as the law
or the regulations of the council direct. .In Quebec and
some other provinces the duties of clerk and treasurer
are practically combined in_ an ofﬁcial called secretary-
treasurcr. One or more auditors, from time to time,
review the accounts of all receipts and payments of the
oﬁicials of the municipality, and report to the council.
Other important ofﬁccrs of councils are these: solicitors,
to advise councils in all matters of legal doubt or contro-

OFFICERS OF COUNCILS. 23!

versyocalled recorders in Nova Scotia*; engineers, in
cities to look after public works like waterworks, sewage,
and other matters of public necessity and convenience;
assessors, or valuators, or commissioners (in cities), to
make annual lists of all the ratable property, on which
the councils can ﬁx the yearly rates levied on the tax-
payers of a municipality; collectors, to collect these taxes
or rates and pay them to the treasurer; ﬁre wardens and
ﬁremen, for the prevention of ﬁres; fence viewers, or
inspectors to regulate boundary and other fences; pound-
keepers, to receive and retain in safe keeping all stray
animals, which may be restored to the owners on pay-
ment of expenses, or else sold by auction after a proper
delay; pathmasters, or road surveyors, or overseers of
highways, to look after the condition of public roads,
enforce statute labour, and perform other services in
connection with the public roads and bridges. The
council of any municipality may at any time by bylaw
appoint other officers to carry out the provisions of any
act of the legislature, or enforce a bylaw of the corpo1’a~
tion‘ The law provides for the establishment of health
officers and the taking of proper measures to prevent the
spread of contagious or infectious diseases. Provision
is made by the existing statutes for the appointment
of constables in rural districts and policemen in cities
for the preservation of peace and order, and the due
execution of the law. In Ontario there is ample pro-
vision made for the establishment in cities and towns of
courts presided over by police magistrates (see zzéaw,
p. I 74). The councils must ﬁrst establish police offices,

*See arms, p. 176 note.

232 THE MUNICIPAL SYSTEMS.

and affirm the expediency of appointing salaried police
magistrates, and provide for the whole or part of their
salary. The lieutenant-governor in council appoints
such oﬂicers in all provinces where they are generally
styled “stipendiary magistrates.” Councils throughout.
Canada also make provision for the establishment and
maintenance of jails, lock-ups, city or town halls in their
respective municipal divisions, as the law in such cases
provides.
8.—Meetings of Councils.

The time for the first meeting of a new council is
ﬁxed by the municipal law of each province—generally
seine time in the first month of the year—but all subse-
quent meetings can be held in accordance with the
regulations of each council unless otherwise provided.
All meetings are held openly, except under special cir-
cumstances as deﬁned by the regulations. The head of
the council presides over a meeting, and in his absence
some member of the council, as the law or regulations
order. He maintains order and decorum, but an appeal
may be made to the council against his rulings. A
quorum or a majority of the whole council is necessary
for a meeting for the transaction of business, but a
majority of such a quorum can pass any order, resolution
or bylaw, or perform any other act within the powers of
the council. As a rule open voting prevails, but in
British Columbia the election of officers is by ballot.
The regulations generally provide that no member can
vote on a question in which he has a direct personal
pecuniary interestmthe common parliamentary law in
such cases. Minutes of proceedings of a meeting must

BYLAWS OF COUNCILS, 233

be always read, conﬁrmed, and signed by the chairman
at a subsequent meeting. In the provinces of Ontario,
British Columbia, Nova Scotia, New Brunswick, Alberta
and Saslzatchewan, the head of the council votes as a
member, and when there is a tie or equality of votes the
matter or question under discussion is lost or negatived.
In Quebec he can vote on every question, and has also a
casting vote in case of a tie. In Manitoba he votes only
when there is a tie. Select committees are appointed,
as in parliament, for the consideration of special matters
of municipal business, and they must report their results
to the council. All the rules of councils are based on
those of the house of commons and legislative assemblies
of Canada. In all matters of doubt reference is made to
the regulations and usages of parliament, directing the
conduct of debate, divisions, and other matters of order
and procedure (see (Z507/e, p. 109).

9.v-Bylaws of Councils.

The legislative powers of all councils are exercised by
bylaws when not otherwise authorized by statute. A
bylaw is a special law of a corporation or municipality,
which it has a right to pass in a certain form for a local
or municipal purpose deﬁned by the general statutory
law establishing municipalities.

Every council may also make regulations for governing
the proceedings of the council, the conduct of its mem~
bers, the appointing or calling of special meetings, and
generally all such other regulations as the good of the
inhabitants of the municipality requires, and may repeal,
alter or amend its bylaws. Every such bylaw, to have
legal force, must be under the seal of the corporation,

234. THE MUNICIPAL SYSTEMS.

signed by the head, or by the presiding oﬂicer of the
meeting at which it was passed, and by the clerk or
secretary—treasurer of the corporation.

The power of passing bylaws gives to the various
municipal councils of the provinces a decided legislative
“character. The subjects embraced within their jurisdic~
tion are set forth with more or less distinctncss in the
municipal acts of the inajority of the provinces, especially
of Ontario and Quebec—those of Nova Scotia and New
Brunswick being less perfectly deﬁned. Generally speak-
ing it may be said that, subject to certain limitations
and formalities, the council of every city, town or incor-
porated village may pass bylaws for the construction
and maintenance of waterworks, the amounts required
to be collected under local improvement bylaws, licensing
and regulating transient traders, the purchase of real
property for the erection of public school-houses thereon,
cemeteries, their improvement and protection, cruelty to
animals, fences, exhibitions and places of amusement,
planting and preservation of trees, gas and water com-
panies, shows, exhibitions, tavern and shop licenses,
public morals, giving intoxicating liquor to minors,
nuisances, sewage and drainage, inspection of meat and
milk, the weight of bread, contagious diseases, fevers,
prevention of accidents by fire, aiding schools, endowing
fellowships, markets, police, industrial farms, parks,
bathing houses, cab stands, telegraph poles, prevention
ofﬁres, construction of buildings, public libraries, charities
and numerous other subjects immediately connected
with the security and comfort of the people in every
community.

All bylaws must be printed and advertised in one or
more newspapers, and posted in public places. In
Alberta and Saskatchewan bylaws require three readings,
and not more than two can be had at same sitting of

CITY HALL, Wzxxmse.

235

236 THE MUNICIPAL SYSTEMS.

council, thus preventing surprise. In case of aid to
railways or \vaterworks, or the pledge of the muni-
cipal credit for certain other public purposes, deﬁned
in the municipal law of Ontario, Quebec and other pro-
vinces, a vote of the ratepayers and property holders must
be taken. In Ontario, where the law is very clear and
explicit, the assent of one-third of all the taxpayers of a
municipal division is required to give legal force to a bylaw
giving aid in any shape to a railway or other company, or
raising upon the credit ofthe municipality any money not
required for its ordinary expenditures, and not payable
within the same municipal year. In Ontario, British
Columbia, Manitoba, Alberta and Saskatchewan, the vote
is always by ballot. Any resident or other person in-
terested in a bylaw, order or resolution of a council may
take proceedings in the courts to quash the same for
illegality. The reference of bylaws of municipalities to
the ratepayers of a municipal division for their accept~
ance or refusal is the only example which our system of
government offers of what is known in Switzerland as
the reﬁzrmdzmz (reference) of laws to the vote of the
whole people before they can come into operation.

10.—~Munieipa,1 Assessment or Taxation.

The most important duty of every municipal council
is the raising of money for local purposes by direct
taxation. The burden of taxation is on real property——
that is to say, on buildings, land, machinery, trees on
lands, mines and minerals, except where they belong to
the crown. In British Columbia, improvements on land
are exempted up to a certain amount. Incomes are
taxable in the majority of the provinces, and so are
bonds, securities, and other personal property within the
limitations ﬁxed by the law in each case. The following
classes of property are free from municipal taxation in
the provinces generally: imperial, dominion, provincial

MUNICIPAL ASSESSMENT. 237

and municipal property; Indian lands, churches, par-
sonagcs, and lands immediately connected therewith
(except in Manitoba); educational, charitable, scientiﬁc
and literary institutions; agricultural and horticultural
societies; incomes ofthe governor—general and lieutenant-
governors; household effects and tools in use. In Ontario,
also, incomes up to $700 when derived from personal
earnings, those up to $400 when not so derived, and those
of farmers from his farm, are all free of taxes. In British
Columbia, also, incomes up to $1,000 are exempt; in
Quebec, $400,’ in Nova Scotia, $4.00 in municipalities
and $600 in towns; in Alberta and Saskatchewan,
$1,000. Special interests are also protected. For
instance, in Ontario and Manitoba, the produce of the
farm in store or warehouse on the way to sale, live stock
and implements in use; in Nova Scotia and New
Brunswick, ﬁshern1en’s boats, nets and outﬁt to $200.
In Alberta and Saskatchewan, grain is exempted. But
in all these matters of taxation there are so many differ-
ences in the provinces that it is impossible to do more
here than refer generally to the subject. Reference
must be had to the assessment laws of the provinces in
all cases.

All municipal, local or direct taxes are raised and
levied upon the real or personal taxable property accord-
ing to the value given in the roll of the assessors, or
valuators, or assessment commissioners appointed by
each municipality in the different provinces for such
purposes. The council of a municipality assesses and
levies upon this taxable property a sufficient sum in
each year to pay all debts and meet all legal expendi-
tures. Thc laws of the provinces restrain, as far as
practicable, the powers of the corporations in this par-
ticular, and any person can ascertain by referring to the
general law governing municipal bodies, or to a special

238 THE MUNICIPAL SYSTEMS.

charter of a city or town, the extent of authority of a
council in levying‘ a rate and creating debt. In case a
person considers he is rated too high on an assessment,
or is treated exceptionally or unjustly, he can have an
appeal to a court of revision, composed of members of
the council as :1 rule, and ﬁnally to the courts—the
county court in Ontario, Manitoba and Nova Scoiia, and
the circuit court in Quebec. In New Brunswick there is
a board of valuators and in British Columbia a court of
revision, and leave is given under certain circumstances
to have recourse to the supreme court. In Nova Scotia
there is an assessment court of appeal in towns, and
thence to the council under certain conditions. In
Saskatchewan and Alberta the appeals are talqcn ﬁrst to
the council, which acts as a court of revision, with the
right to a subsequent appeal before a judge of the
supreme court, with the exception of appeals in local
improvement districts, which are specially provided for
by the act governing the same,

11.—Bo1-rowing Powers of Councils.

All councils have power under the formalities required
by the law of each province to borrow money, and to
levy special rates for the payment of such debts on the
ratable property of the municipality. All bylaws for
borrowing money must receive the assent of the
ratepayers before they can be enforced. Municipal
debentures—or legal certiﬁcates of a debt due by the
municipality-—-can be issued to secure the repayment of
sums borrowed in accordance with the strict provisions
of the law governing such cases‘ All municipal property
is liable for the redemption of such debentures and the
payment of municipal liabilities.

MUNICIPAL DIVISIONS. 239

12.—Historio Origin of Names of Municipal Divisions
and of their Officers,

in the names of the municipal divisions and of the
machinery of municipal administration, we see again
some examples of the closeness with which Canadians
cling to the names and usages of primitive times of
English government. The “township” carries us back
to the early days when our English forefathers lived in
their village communities, of which the “ tun ” or rough
fence or hedge that surrounded them was a feature. The
chief ofﬁcer or heaclznan of this township was the rceve,
who as an “active” or “excellent” member of his
community took part‘in the various assemblies (moots)
of the people. The “alderman ”—from “ealclorman ” or
elder man—is a link connecting us with the early gov-
ernment of shires (for 5/Lire, see above, p. 192), and was
an ofﬁcc of high dignity, still represented by the English
lord-lieutenant of present times. In Ontario there
remains in the legislative electoral divisions a district
known as the “riding,” which is a changed form of
“thricling” or “triding,” or a local district made and
named by the Danes in English Yorkshire. The ancient
English shire, which was under an “ealdorman” for
civil and military purposes, became a “county” in
Norman times because a count (comte) or earl replaced
the former functionary. Our representative body for the
local government of a county is no longer called the
“folk moot” but the “council,” which comes to us from
the Normans, who again adopted it from the Latin ton-
cz‘/’z’2¢m (or a “collection” of people). The mayor was an
important ofﬁcer connected with the royal palace of

240 THE MUNICIPAL SYSTEMS.

France and has also come to us from Norman times-—
its original meaning of “greater” (vzzzzjor) having been
gradually applied to the principal officer of a local com-
munity or municipality. The “parish” has its origin in
a Greek word, first applied in early English and French
times to a “ circuit” or district, presided over by a priest
or vicar, and which for convenience sake was formed into
a civil division. Bylaw means simply the law made for
the government of a “ bye,” which was a name given by
the Danes to the old English “tun” or township.

BIBLIOGRAPIIICAL NOTE.

The reader may consult Bourinot‘s Lam] Gm/crmzmit in Cruz/zdn, in
Johns Hopkins’ University Studies, (Baltimore, 1887), and “Transactions
of the Royal Society of Canada,” I887, section 2, for a short account of the
origin and development of municipal institutions in the Dominion. A
useful book is that by Mr. I. M. McEvoy, on 77:: Ontario Tatum/:z’1>,
(Toronto, 1839), with an introduction by Professor Ashley. The report
ofthe Ontario Commission on Municipal Institutions, (Toronto, 1888, 1889,
and 1893), is too diffuse and badly arranged to be of much practical use
to an ordinary student, though it is useful for purposes of consultation on
points of the practical operation of municipal institutions in Canada and
elsewhere. In Bourinot’s large edition of I’ram2’1¢r.c of Pzcﬁlit 17/eetz’7zg:
mm’ 1lImzz’tz:mzZ Cpmzcils, (Toronto, 1894), there is a section giving a
summary of the statutory law of Ontario respecting municipal councils and
their meetings, and also some notes on the systems of the other provinces.
A student who wishes full information on such subjects will be obliged to
study the statutes of his own province in every case, since there are no
special books treating the question in a popular form. Fitness for citizen-
ship mcans not only study but practical observation of the working of
municipal government.

SIXTH PART.

SCHOOL GOVERNMENT

IN THE PROVINCES.

CHAPTER. . IAGE‘.
I.——Pv13L1c SCHOOLS IN ONTARIO AND QUEBEC 243

II.—Pum.1c SCHOOLS IN NOVA Scorm, Nuw Bxumswxcxc AND

PRINCE EDWARD Isl,/mu . . . . . . . . . . . . . ‘ . . 254,
II1.——-PUBLIC Sc1xoo1.s m MANITOBA AND B121-ms}; COLUMBIA… 26x
.. 266

IV.-—PUBLI1J SCHOOLS IN SASKATCI-IE\VAN AND ALBERTA”…

16 [241]

Crry HALL, M ONTIREAL.

£2421

CHAPTER I.
THE PUBLIC SCHOOLS IN ONTARIO AND QUEBEC.

I. lm‘rozlu:z’z’a7z.——2. P115122 S:/loo]: 2’71 O7zlar1’o.—3. Public Sc/zoals
in Qzwécc.

Lwlntroduction.

Such a review of the institutions of Canada as I have
attempted in this work would be imperfect if it did not
include a summary, however short, of the leading features
of the machinery that regulates and governs the educa-
tional system of each province. Education is necessarily
the foundation of active citizenship and good government.

From the following summary of the machinery of
school government in all the provinces it will be seen
that it is based on the following principles: 3. general
supervision of education in every province by a depart-
ment of education, and contributions from the provin-
cial funds for the support of public schools free to all
classes of the people; this supervision is exercised by
means of government superintendents and inspectors,
appointed by the provincial government to visit and
report on the condition of the schools of every county;
the provincial grant is supplemented by such contribu-
tions from the inhabitants of every school district as the
law provides in each case; assessments for this purpose
are levied, generally speaking, in connection with the
municipalities in each province; every school district

[243]

I244!

UPPER CANADA COLLEGE, Toxoxro.

PUBLIC SCHOOLS IN ONTARIO. 245

manages its schools and funds through trustees or com-
missioners elected by the ratepayers. In this way the
government ofa province and every municipal district are
directly identiﬁed and co—operate with each other for the
support and development of the education of the people.

2.~’I‘he Public Schools in Ontario.

In this province there is a department of education,
composed of a minister as a head, and members of the
executive government (see zz/izme, p. I51) as a committee
of council, and entrusted with the administration of a
most excellent school system. That system comprises
three main features of elementary, sccondaiy and higher
education : the kindergarten, public and separate schools,
high schools and Collegiate institutes, and the university,
all representing a complete organization. A child enters
the kindergarten or children’s garden”“——Gei-man in its
origin——at perhaps four years of age, the public school at
six, and the high school at thirteen. After four or ﬁve
years’ close study at the high school or collegiate insti-
tute hc passes after examination into the university,
where he attains his degree of bachelor of arts, and
honours according to his ability and proﬁciency at the
end of four years. The public and high schools and
the university are undenominational, but the law (see
aim/e, p. 165) enables Roman Catholics to establish
under certain conditions common schools for themselves.
Separate high schools are not provided for in the school
law. The term “separate schools” applies also to

* The name of this pleasant method of imparting erlncalion to very young
children was given by Friedrich Froebel, KL German teacher, who introduced
the system in rooms opening on :1 garden.

245 PUBLIC SCHOOLS IN ONTARIO AND QUEBEC.

Protestants and coloured persons, but as a matter of
practice the exception to the general principle of the
common school system is conﬁned chieﬂy to Roman
Catholics.

In addition to the schools mentioned above, there are
also under the direction of the department: kinder-
gartens, county model schools, provincial normal schools,
and the school of “pedagogy,” in which the highest class
of teachers receive a thorough professional training. The
educational association, and teachers’ institutes perform
a useful work in the same direction. Provision is also
made for the establishment of art schools. Children
who may be vicious or immoral can be sent to industrial
schools.

By the law all children between eight and fourteen are
obliged to attend school‘ for the full term during which
the school is open. The minister of education, with the
aid of a large stafﬁ has the general direction of all the
educational forces of the country‘ Inspectors of high
schools, separate schools, and county model schools are
appointed by the government. County inspectors are
appointed by the county councils, and city inspectors
by the public school boards, from persons having high
qualiﬁcations as teachers.

Provision is made for the support of education by the
government and the municipalities. Counties are under
obligation to make grants of money to high schools, and
both counties and townships must aid public schools,
Each township is divided into sections, each of which is
provided with a public school, managed by a board of
three trustees who hold office for three years——one going

PUBLIC SCHOOLS IN ONTARIO. 247

out of office annually, when a successor is appointed. A
grant is given by the government to each school accord

ing to the average attendance of pupils, and the county
council is required to give an equal amount. In addition,
the township council must vote a grant of $100 (or $150
if two teachers are employed) to each school. Cities,
towns and incorporated villages also receive a legislative
grant, and the municipal councils raise the balance at
the request of the board of trustees, which consists of six
or more elected members, two from each ward, of whom
one retires annually. If the board so decides, the elec—
tions may be by ballot, and on the same day as the
municipal elections. The trustees select the teachers-
all of whom must have certificates of qualiﬁ<:ation,-de~ termine the amounts to be expended for school sites, buildings, equipments and salaries, and supervise the school affairs generally of their special division. The separate schools are all under government inspection, and are generally conducted under the same regulations- as the public schools. All public schools are free. High schools are established by the county and city munici~ palities, with the approval of the lieutenant-governor in council. High schools may be formed by the govern- ment into collegiate institutes if they can come up to higher conditions imposed by the law. Government grants to these institutions of superior education are mainly based on the efforts of the locality. The county council must vote a grant at least equal to that of the legislature. After the county and legislative grants have been received, any further amount required in addition to the fees paid up to meet the cost of maintenance must be made up by the municipality or district where the 248 PUBLIC SCHOOLS IN ONTARIO AND QUEBEC. high school is situated on the requisition of the board of trustees. Each board consists of at least six trustees and, except in the case of cities and towns separated from the county, three of these are appointed by the county council, and three by the council of the town or village where the high school is situated. If the district is composed of more than one municipality, then each is represented on the high school board. In towns separate from the county, all the trustees are appointed by the town council. In cities, the council also appoints the trustees, and if two high schools are established, twelve trustees are appointed, and if more than two the council appoints eighteen trustees. Each trustee holds oﬂﬁce generally for three years. Liberal provision is made in the law for the establish- ment of efﬁcient libraries and the teaching of the princi- ples of agriculture in the public as well as the high schools of the province. High school trustees and members of boards of educa- tion cannot hold positions in the municipal councils of the municipality or county in which those schools are situated. , Church doctrines are not taught in the public schools, but the principles of Christianity form an essential fea- ture of the daily exercises. Every public and high school is opened and closed with prayer and the reading of the scriptures, but without comment or explanation. The trustees and clergy, however, of all denominations are empowered to make special arrangements for reli- gious instruction to the pupils of their own particular church at least once a week, after the close of the school :i>2.’.esx“~.;>\..s_<_
E\’1‘l{ANCE TO TORONTO UNIVERSITY.

[2491

250 PUBLIC SCHOOLS IN ONTARIO AND QUEBEC.

in the afternoon‘ No pupil is required to take part in
any religious exercise objected to by his parents or
guardians.

The highest institution of learning controlled by the
provincial government is the university of Toronto,
whose property is vested in the crown, and adminis-
tered by an ofﬁcer appointed by the government. All
appointments are made by the lieutenant-governor in
council, and all statutes of the senate regulating the
institution must receive the approval of the same. The
management and administration of the affairs of the
university are placed in a board of trustees, a senate and
a council, each composed as the law provides. A num—
her of universities and colleges in the province——at
present twelve in all—are “federated” with the univer-
sity. All colleges so federated participate in all the
advantages that the university offers. A university so
federated ceases to exercise its own powers of confer-
ring degrees except in divinity. The university confers
degrees in arts, agriculture, law, medicine, dentistry, and
science, and civil engineering. The degrees conferred
give all students the standing of aZzmmi (graduates) of
the provincial university.

8.~’I‘he Public Schools in Quebec.

In the province of Quebec there is a department of
education composed of a superintendent and a council
of public instruction with two secretaries. The superin-
tendent is a non—political head, appointed by the lieu-
tenant—governor in council. He is a member of the
council, and its president by virtue of his office. The
council is made up of Roman Catholic and Protestant

PUBLIC SCHOOLS IN QUEBEC. 251

members, and divided into two committees in the same
way for the purpose of supervising the educational aﬂ”airs
of those denominations. Each of the two committees
meets separately and exercises independent -action in
reference to all matters which concern the educational
work under their respective control. Each appoints its
own chairman and secretary. One of the two secre-
taries of the department is a Protestant. The superin-
tendent is a member of each committee, but he votes
only in the one to which by religion he belongs. The
schools are.Roman Catholic and Protestant——the sepa-
rate schools being known as “dissentient” (see (21507/e,
p. I65)—and religion is considered as the basis of edu-
cation. The clergy of the Roman Catholic church and
of other denominations consequently take a leading
part in the inanagement of education, and are largely
represented on the two committees of the council.
School inspectors, of qualiﬁcations defined by the law,
are appointed for one or more counties of the province
by the government and must conform to the regulations
of the council. Roman Catholic and Protestant hoards
of examiners examine and grant certiﬁcates or diplomas
of qualiﬁcation to teachers.

The educational institutions of the province are divided _
into elementary schools, model schools, academies or .

high schools, and normal schools. In each municipality,
village, town and city, there are public schools for the
elementaiy education of youth, under the control of
school commissioners, or trustees in the case of dissentient
schools——~elected by the proprietors of real estate paying
taxes or monthly fees. Each municipality is divided
into school districts. Each municipality elects ﬁve com-

252 PUBLIC SCHOOLS‘ IN oNTAn1o AND‘ QUEBEC.

missioners, or three trustees, who hold office generally for
three years, and form a body corporate for the adminis-
tration of school affairs, two or one respectively going out
each year. No school teacher can be a commissioner or
trustee in his own municipality 01′ a contractor for a cor-
poration of which he is a member. These commissioners
and trustees appoint teachers, acquire and sell property
for school purposes, and cause to be levied by taxation the
sums necessary for the support of schools. In all places
where a valuation of property has been made by the
municipal authorities, it serves as the basis of the taxes to
be imposed on the authority of the school law. Other-
wise three valuators are appointed by the commissioners
or trustees. Each school board has a secretai-y—ti-easurer
appointed by the same to act as clerk and treasurer. He
collects and pays all moneys due to and payable by the
corporation, Trustees of clisscntient schools have the
same powers and duties as commissioners of Roman
Catholic schools. They alone have the riglit ofimposing
and collecting the taxes upon the dissentient inhabitants.

To entitle a municipality to a share of the legislative
grant——the “common school {und”—made for the support
of education, it must furnish proof that its schools have
been in operation during the school year, and attended
by a certain number of children. The superintendent
pays the respective shares of the common or provincial
school fund to the several boards of commissioners or
trustees in two semi-annual payments. The public
moneys are distributed among the municipalities
according to population.

The government provide for the establishment of
Roman Catholic and Protestant normal schools, and

PUBLIC SCHOOLS IN QUEBEC. i 253

appoint their principals and teachers on the recommen-
dation of the respective committees of the council.
Roman Catholic and Protestant academies, model or
superior schools managed by trustees, also receive
government aid on the recommendation of the same
committees, and with the approval of the lieutenant
governor in council. In the same way grants are also
made to universities, colleges, seminaries, and educa~
tional institutions other than elementary schools. Such
institutions receive aid in the relative proportions of the
respective Roman Catholic and Protestant populations
of the province according‘ to the last census.

CHAPTER II.

THE PUBLIC SCHOOLS IN NOVA SCOTIA, NEW BRUNSWICK AND
PRINCE ED“/ARD ISLAND-

I. Public St/zoo]: 2’72 Nova Sm/z’zz.-2. 172 New .Brmz3wz’c/J.-
3. [72 Prime Edward Irlzzndi

1.—The Public Schools in Nova. Scotia.

In this province the members of the executive council
(see czﬁaw, p. I52) form a council of public instruction
with extensive powers of general direction and adminis-
tration. A superintendent of education is also appointed
by the government to have a supervision of educational
matters and to act as secretary of the council. A pro~
vincial board of examiners inquires into and reports on
the qualiﬁcations of candidates for licenses to teach.
Inspectors of schools are also appointed by the council
of public instruction on the recommendation of the
superintendent. Normal and model schools are sup-
ported by the government, and the council appoints the
principals and their assistants. All the public schools
of the province are undcnominational. The public
school system provides for the free education of all
persons from the age of ﬁve years upwards, in a pre-
scribed course of study extending from the kindergarten
or primary grade of the common or elementary schools
to the end of the superior course of the academy and
high school. The high school system is virtually a

[254]

PUBLIC SCHOOLS IN NOVA SCOTIA. 255

provincial university of a high school grade, and every
academy and high school an affiliated college, the
diplomas being granted on the report of the provincial
board of examiners.

The province is divided into districts, with a board of
seven or more commissioners for each, appointed by the
council. These commissioners determine the boundaries
of school sections———tho smallest territorial division-—
cstablish new ones with the approval of the council, and
adjudicate on matters specially connected with the same
over a district which, on the average, is perhaps equal to
half a county of the province. Each school section in
a county has an executive board of three school trustees,
whose duties are the same as in Ontario and other pro«
vinces. They are elected by the ratepayers of their re-
spective divisions. N o commissioner, inspector or teacher
can be elected a trustee. Each board has a secretary~
treasurer to collect and disburse all school moneys.
Teachers, duly licensed by the council of public instruc-
tion, are employed by the board, and receive aid from
the public treasury out of the sum annually voted by the
legislature for schools. They are graded into four classes
and paid according to their qualiﬁcations and to the
number of clays the schools have been in session. Muni-
cipalities must annually vote a certain amount as pro-
vided in the law for the support of schools. When any
sum is required by a section above the provincial grant
and the annual rates raised by the municipality, it must
be determined by the majority of the ratepayers of the
section at a school meeting regularly called for that
purpose. Each academy (or high school) established in
a county receives from the government a sum based on

.O.HKOMOH. ﬁmhnﬁsmza w..$.Hcm\EoU emmmam QMOMHm<-

…. ..ﬂx..z. ..!. .

[255]

PUBLIC SCHOOLS IN NOVA SCOTIA. 257

the attendance, the number of qualiﬁed teachers and the
salaries paid them by the municipality in which the
academy is situated. Ratepayers at a public meeting, as
provided by law, decide the amount to be raised by the
section to supplement the sum granted by the province
and county. Inspectors visit each school and county
academy at least yearly. The attendance at school
is stimulated by making the greater part of the county
fund payable-in proportion to the attendance. There is
also a local option law by which two—thirds of the quali-
ﬁed voters at an annual school meeting may make the
attendance of all children between seven and twelve
compulsory within certain limits.

An incorporated town forms a separate school section,
and the control and management of public schools are
vested in a board of ﬁve commissioners, three of whom
are appointed from the members of the council, and two
by the government. The former are elected annually,
but at every annual selection at least one of the three
persons previously chosen shall, if there be one remain-
ing in the council, be appointed. The government
commissioners remain in office for three years. The
town clerk is secretary and treasurer of the board.
Attendance between the ages of six and sixteen is
compulsory in towns, but exemptions are made under
certain conditions in cases of children above twelve and
thirteen years of age.

In the city of Halifax there are twelve commissioners,
six chosen by the lieutenant—governor in council, and six
by the city council.

The regulations are well calculated to secure to every

child a free education.
17

258 PUBLIC SCHOOLS IN MARITIME PROVINCES.

A provincial school of agriculture, mining‘ schools at
coal mining centres, schools for the deaf, dumb and
blind, also add to the effectiveness of the public free
school system of Nova Scotia.

2.~The Public Schools in New Brunswick.

In this province the lieutenant—governor, the members
of the executive council (see above, p. I 52), the chancellor
of the university of New Brunswick and the chief superin-
tendent of education, constitute a board of education for
the administration of the education of the province.
The superintendent is appointed by the lieutenant-gover-
nor in council, and acts as secretary to the board. Duly
qualiﬁed inspectors “are appointed by the board. All
public schools are undenominational and free. The law
provides for primary, advanced, high, superior and gram-
mar schools wherever practicable. The government also
support’a normal school with model departments, and
appoint the principal, who selects his assistants with the
approval of the board.

Each school district in a county has a board of three
trustees and an auditor, elected by the ratepayers—the
former for three years. The schools are supported

(I) from the provincial treasury; (2) from a county –

school fund; (3) from district assessment. Teachers
are duly licensed, graded in three classes, and paid a
proportion of the provincial grant according to their
grade of qualiﬁcations. Any further sums required for
school purposes beyond that ordinarily voted must be
determined by a meeting duly called for that purpose in
the district. Loans may be raised for seven years in
special cases. The government grant to any superior

PUBLIC SCHOOLS IN NEW BRUNSWICK. 259

or grammar school, established in a county or parish, or
district, is in proportion to that raised by the district for
the support of teachers. The schools in St. John are
managed by a board of eleven trustees, of whom the
government appoint ﬁve and the city council six. in
Fredericton the government appoint four and the city
council ﬁve members of a board of trustees. In the
case of incorporated towns the board of trustees are
nine, appointed as in l*‘redericton.

The university of New Brunswick, which is .a provin-
cial institution, is open to all persons irrespective of
creed, and ﬁmns a corporation of twelve members, nine
of whom are appointed by the lieutcnanbgovernor in
council-—one being the chancellor—and two by the
associated zzlmmzi. The superintendent is by virtue of
his office president of the senate or governing body,
composed of members of the corporation. It confers
degrees under the law regulating its functions. A ccr~
tain number of students are admitted into the under—
graduate course from each county, free of fees for
education, upon the condition of passing the regular
matriculation or preliminary examination.

3.—The Public Schools in Prince Edward Island.

The general supervision of education is given by the
law to a provincial board, composed of the members of
the executive council (see Move, p. I 52), the principal of
the Prince of ‘\/Vales college, and the chief superintendent
of education, who acts as secretary. The superintendent
is appointed by the lieutenanbgovernor in council, and
duly qualiﬁed inspectors, who have to visit each district
half—yearly, by the board of education. A normal school

260 PUBLIC SCHOOLS IN MARITIME PROVINCES.

is now amalgamated with Prince of Wales college, which
was established for the higher education of the young.
The principal and assistants of the college and normal
school are appointed by governor~in~council. The
;;racies are primary, advanced and high schools. They
are ﬂee to all children between ﬁve and sixteen years,
and non—sectarian. Teachers are required to open the
schools with the reading of the holy scriptures by chil-
dren without comment or explanation, but no children
are required to attend if their parents or guardians object
to this reading. Teachers must hold a license from the
board of educati0n—-«attendance at one term of the pro-
vincial training school being one of the qualiﬁcations.
The salaries are provided for by a provincial grant, and
by district assessment when it is necessary to increase
the former allowance. All other expenditures are met
by local or district assessment, and loans for seven years
may be -raised to pay cost of new school-houses. At the
annual school meeting of a district three trustees are
elected for three years-one member retiring each year.
No teacher in active employment can act as trustee.
In the city of Charlottetown, and town of Summerside,
the board of trustees consists of seven members, of whom
the Iieutenanbgovernor in council appoints four, and the
council of each place appoints three~—a1l of whom hold
office during pleasure. All the boards of trustees
appoint a clerk or secretary, who acts also as treasurer
or accountant. All accounts and payments are duly
audited—two auditors being appointed by councils of
Charlottetown and Summerside, and one elected by a
school district in other cases. The duties of trustees are
the same as those in Ontario and other provinces.

CHAPTER III.
TI-IE PUBLXC SCHOOLS IN MANITOBA AND BRITISH COLUMBIA.

I. 7728 ]’ul’2Zz’t 557100]: in 1‘l[mzz‘to&a.—2. [72 Brilzk/L Coluzzzbia.

1.-Public Schools in Manitoba.

In this province there is a department of education
composed of the executive council (see above, 1). I 51) or
a committee thereof. It appoints and ﬁxes salaries of
inspectors, teachers of provincial, normal and model
schools, and directors of teachers’ institutes. An advisory
board of not more than nine and not less than seven
members—~partly appointed by the departrncnt and
partly elected by public and high school teachers and
the university of Manitoba——determine qualiﬁcations of
teachers and inspectors, prescribe forms of religious
exercises, classify and organize normal, model and high
schools, appoint examiners and perform other important
duties. Inspectors cannot be teachers or trustees of a
public or high school.

All education is now free and undcnominational by

the proviricial legislation of 1890—the Roman Catholics _

having previously enjoyed denominational schools under
the law. All persons in rural municipalities between five
and sixteen, and in cities between six and sixteen, are
required to attend. Religious exercises are conducted
according to the regulations of the advisory board, but
pupils whose parents object need not remain. In any
[261 ]

.ZOHACA

[:62]

PUBLIC SCHOOLS IN MANITOBA. 263

district where Roman Catholics or F reneh Canadians pre~
ponderate, provision is made for religious and bilingual
teaching. Three trustees are elected for every rural dis-
trict for three years. A secretary~treasurer receives and
disburses all moneys at the order of the board. In cities.
towns and villages two trustees are elected for each ward.
One trustee for each ward, as determined by ballot, re-
tires annually; the other continues one year longer. In
every village, without wards, there are three trustees.

The schools are supported by grants from the legis-
lature, from the proceeds of the sale of public lands
granted for that purpose by the dominion government,
and taxes levied on the ratepayers of the municipalities
under the conditions provided in the law. The taxes
are levied by the municipal council on the requisition of
the trustees. Collegiate departments for more advanced
education are connected with the public schools at Win-
nipeg and Brandon, and larger towns whenever practi-
cable. A normal school has been established. All
teachers must hold certiﬁcates of the ﬁrst, second or
third class as issued under the regulations of the depart-
ment of education or advisory board.

The university of Manitoba is a provincial institution,
under the direction ofa council, named by the provincial’

colleges with which it is affiliated, by the convocation, ‘

and by the board of education. It is only an examining
and degree-conferring body.
2.~»Tbe Public Schools in British Columbia.

In this province the minister of education and other
members of the executive council (see 4250212, p. I 51)

264. PUBLIC SCHOOLS IN MANITOBA.

constitute a council of public instruction. The govern-
ment appoint a superintendent of education, who is also
secretary of the council. The schools are free and
undenominational, but “the highest morality shall be
inculcated and the Lord’s prayer may be used at the
opening or closing.” A provincial board of examiners
grant certiﬁcates to teachers, which must always be
signed by the superintendent. The council appoint two
or more qualiﬁed inspectors. Schools are divided into
common, graded, and high schools. The law contem-
plates the establishment of a normal school. In each
rural district there is a board of three trustees elected by
the householders and freeholders, including wives of
such. In city districts there is a board of seven to three
trustees, according to attendance of pupils, elected by
duly qualiﬁed electors. To each board is attached a
secretary-treasurer to collect and disburse moneys for
school purposes. Schools are supported in rural districts
entirely by the government. In cities the salaries of
teachers and all other expenses incurred by the trustees
are borne and paid by the municipal corporations. The
government pay a grant of from $I3 to $20 per head a
year, based on the average actual daily attendance of
the public school pupils, to each of the municipal
corporations of the cities. Every child from seven to
twelve must attend some school or be otherwise educated
for six months in every year.

JHBLIOGRAPHICAL NOTE.

The machinery that regulates the public school system of :4. province can
only be thoroughly understood by a close study of its law, and by practical
experience of its working. This law is generally compiled and printed in
convenient manuals published by the departments of education. These

BIBLIOGRAPHICAL NOTE. _ 265

manuals also contain the regulations with respect to teachers, examinations,
classiﬁcation of schools, and course of studies in every class of school. The
report of Mr. Miller, deputy minister of cducatioii for Ontario, on the
educational system of his province, is especially worthy of mention in this
connection, since it gives a summitry which interests the general reader.
The following compilations also have been found extremely useful by the
writer: The “Code of Public Instruction,” compiled and annotated by
Mr. Paul dc Cnzcs, F.R.S.C., D.L., French secretary of the department
in Quebec; a “ Manual ofthe School Law of Quebec, with the regulations
ofthe Protestant committee,” by Mr. G. W. Purmalee, English secretary
ofthe deparmieut of public instruction; :1 “Conspectus of the Public Free
School System of Nova Scotia,” prepared for the Chicago exposition, by
Dr. A. H. MncKay, F.R.S.C., superintendent of education. The Quebec
manuals are made more valuable by the addition of notes giving the
judicial decisions rendered on the school law from time to time. These
several works, when studied in connection with the very full reports
nnnually published hy the educational departments of the provinces, enable
us to nuderstantl the actual position and practical working of the public
schools in every section. The present writer has to express the obligations
he is under to the superintendents of education in all the provinces for the
facilities they have given him for the preparation of what is necessarily in
so small a volume but zi meagre summary of the educational system of the
Dominion.

CHAPTER IV.
SCHOOLS or SASKATCHEWAN AND ALBERTA.

1. Inlroziu£tz’mz.~—2. 0utZz‘7zc of S;/xtem.

1.—Introduction.
The acts establishing these new provinces in 1905
provides that the section referring to education in the
British North America Act (93) shall apply to them,

with some slight changes to meet the existing con;

ditions. Subsections I of section I7 of the Alberta and

Saslcatchewan Acts are substituted for section I of

paragraph 93 of the first mentioned act. This in effect
protects the vested rights granted to the people of this

lterritory by chaps. 29 and 30 of the ordinances of the

Northwest Territories of 1901.

The system of education in both provinces is based
on the same statutes, and practically the same rules and
regulations are in force in both provinces. In con-
sequence, as in this work it is impossible to do more
than to give the general outlines of the different systems,
the reader may assume the following to be a very fair
sketch of the systems in force to—day in these provinces.

2.—Outline of System.

A department of the government, called “ department
of education,” under the presidency of a member of the
executive council, appointed by the lieutenant-governor
to this office, and called “commissioner of education.”
The department has the control and management of all

[266]

0UTlLINE OF SYSTEM. 267

kindergarten schools, public and separate schools, normal
schools, teachers’ institutes, and the education of deaf,
cleaf~mute and blind persons.

The commissioner has the administration and control
of the department and oversees the officers, clerks and
servants thereof. He, with the approval of the lieutenant-
govcrnor in council, makes the regulations for the
department, and an appeal lies to him from decisions of
school boards, inspectors or other school official.

There is also an educational council consisting ofﬁvc
persons, at least two of which must be Roman Catholics
appointed by the lieutenant-governor in council. On
the ﬁrst constitution three members were appointed for
three years and two for two years, and each member
holds office for two years. The province is divided into
school districts. Trustees are elected by the ratepayers.
The one obtaining greatest number of votes holding
ofﬁce for three years, the next for two years, and the
lowest for one year. ‘When there is no contestation
then in the order of nomination. Districts are generally
formed upon the petition of the ratepayers, but the
commissioner may order the erection of a district.

All districts are, nevertheless, controlled, maintained
and managed by the resident ratepayers of the district
through the board of trustees. The limit of size of rural
districts is twenty~ﬁve square miles, but the majority of
districts at present being formed are of an area of from
sixteen to twenty square miles. In order that .3. district
can be established it must have, in addition to four
persons actually resident therein and who on the
erection of the district would be liable to assessment

268 SCHOOLS OF SASKATCHEWAN AND ALBERTA.

therefor, at least twelve children between the ages of
ﬁve and sixteen inclusive. The schools are sustained
by provincial aid and also by‘ local rates. In order to
participate in the provincial aid, a school must be
conducted in accordance with the regulations of the
department and must employ a duly qualiﬁed teacher.
To become a duly “qualified teacher,” a teacher must
not only have the necessary academical qualiﬁcations,
but must have attended the prescribed course and
passed the professional examinations in some recognized
normal school.

The board of trustees consists of (:2) in rural and
village districts three members, and (&) in town districts
of ﬁve members.

The schools are free to the children of all ratepayers,
provided, however, that if the board maintains one or
more departments in the schools exclusively for pupils
above a‘ certain standard, a charge may be made against
the parents of any pupil attending same, not to exceed
$15 per year. All schools are to be taught in English
language, but the board of any district may permit
French used in the primary course. VVhere there are
at least ﬁfteen children between the ages of seven and
fourteen, the schools must be kept open the whole
season, and parents and guardians must have their
children attend under the penalty provided by law.

The schools are secular and no provisions are made in
the Departmental Regulations for religious instruction.

No religious instruction, except that a board of trustees
may direct that the school be opened by the Lords
pix yer, is permitted in the school of any district from

OUTLINE OF SYSTEM. 259

the opening of such school until one—half hour previous
to its closing in the afternoon, after which time any such
religious instruction, permitted or desired by the board,
may be given.

A clergyman visiting a school cannot interfere with
the regular studies as indicated by the teacher’s time-
table, and could not give any religious instruction till
after 3.30 pm. and then only by and with the permission
of 2‘/ze éozzm’ of lmrtegs. In the eyes of the government
all schools are on a similar footing and all must comply
with z’t.r regulations as to studies.

VVith regard to the distribution of the provincial aid
to schools reference should be made to “the school
grants ordinance” where full details of the graded
system under which the grants are distributed is given.

The primary grants are based on the assessable
acreage in the district and run from 90 cents to $1.50
per day according to the assessment.

‘ The second grants give an additional 10 cents per day
to schools employing a teacher holding a first class
certiﬁcate.

The third grants adds from 5 to 25 cents per day
according to the percentage the average daily attendance
bears to the enrolment.

In addition to these grants which are paid at the end
of the terms, that is to say half~yearly, a yearly grant
of5 to 15 cents per day is paid to schools getting a
satisfactory report from the inspectors as to the con-
dition of building and grounds, equipment, government,
teaching‘ and progress of the pupils. At least one~half
of this grant must be spent by the board of trustees in

270 SCHOOLS OF SASl{ATCI’IE\VAl\! AND ALBERTA.

purchasing books for the school library from a catalogue
furnished by the department.

This system seems to be working very satisfactorily.
Its advantages are that the poorer or smaller school
districts draw larger grants from the government and
thus the taxation in the several school districts is
equalized. It encourages the employment of high-grade
teachers; it encourages the trustees to take an interest
in their school and see that the pupils attend regularly,
and to look after the grounds and buildings, etc., and by
the establishment and up-keep of the school library
creates a taste for reading among the children.

There is only one class of school inspectors, and they
inspect all schools, whether Protestant, Roman Catholic,
Roumanian or Greek Church, Jewish, Doukhobour or
any other of the numerous religious sects.

All schools are inspected and graded on :1 common
standard, exception being made of course as to the
“progress of pupils” in the case of schools where the
children are not born of English-speaking parents. As
far as inspection grant is concerned, however, all schools,
whether in Canadian or foreign settlements, must be up
to the required standard with respect to buildings,
grounds, equipment, government and teaching.

At the session of the legislature of Saskatchewan held
in 1907, a step forward was made by the government in
passing two Acts for the furtherance of higher education,
namely :——“The Secondary Education Act” and “ The
University Act,” As a result of the former a number of
high schools and collegiate institutes have been already
established in the province, and the number will likely
be materially increased within the next few years.

OUTLINE OF SYSTEM. 271

Following the passing of “ The University Act” the
various preliminary steps looking forward to the pro-
vincial university have been taken in the way of the
election of a chancellor, senate and university council.
A president has been appointed and very soon now the
whole machinery required for the active operation of a
university will be set in motion.

Taking everything into consideration the educational
outlook in these provinces is especially favourable and
every effort is being made to do the best possible
along the several lines of elementary and secondary
education. ‘*’

*Thanks is due by editor to deputy commissioner of eclucalion for
Saskatchewan for valuable assistance given him in his researches.

NOTE.

The reader who is interested in getting fuller information should refer
to:—x. The school orclinzmccs; 2. The school assessment ordinance;
3. The school grants orrliimnce, as well as the circulars issued by the
departments, with reference to teachers‘ examinations, courses of studies,
and the annual reports.—By t/re Ezzifar.

SEVENTH PART.

GOVERNMENT IN THE NORTHWEST
TERRITORIES AND THE YUKON.

CUAPTEIL. PAGE.
I.—NOl{‘fIl\\’ES’f Tnmuroxzss . . . . . . . . . . . . . . . . . . . . . . . . . . , . .. 273
II.~—YU1{ON TI-:RRI’l‘()RY . , . . . . . . . 278
III.—I’(l13LlC Laxvs AND INDIANS . . . . 4 . . . . . . . 4 . . . . . . . . . . . .. . 28:

[273]

(‘vov1«.RNM)-.311‘ }IOL7Sb: 1<mx’vA, SA9KA’rCx12wA.\’.

E274]

CHAPTER I.

GOVERNMENT OF NORTHWIEST TERRITORIES.

1.—Territoria1 Area.-

The territories of Canada comprise the territories
formerly known as Rupert’s Land and the Northwest
Territory, except such portions thereof as now form the
Provinces of Manitoba, Saskatchewan and Alberta, and
the Yukon T erritory–together with all British territories
and possessions in North America, and all islands
adjacent thereto not included in any province, except
the colony of Newfoundland and its depende.ncies-~
having an estimated area of 1,922,735 square miles.

This region, including the present Provinces of
Manitoba, Saslratchewzm and Alberta, and the Yukon
Territory, came into the possession of Canada by the
purchase of the rights of the Hudson’s Bay Company
who had so long enjoyed a monopoly of the fur trade.

The old provisional district of l of the Northwest Territories ; also Ungava, north of the
Province of Quebec?‘

*It is expected that an act will be passed this session by the parliament
at Ottawa, dividing that part of the territory of Keewntin, south of the
601.11 parallel oflalitutle between Ontario and Manitoba, and giving each :1
seaport on the IIudson’s Bay. In such case the unorganized territory of
Ungava would he ztdded to Quebec. The Nm-thwest Territories would
then comprise all north of the 60th parallel, except the Yukon, which is
very sparsely populated, and could likely be adequately governed for some
years to come, with the system of government hereafter explained and now
in force there.

[275]

276 GOVERNMENT OF NORTHWEST TERRITORIES.

The Royal Northwest Mounted Police exercise
jurisdiction over the whole of the Northwest Territories
for the preservation of the peace and the prevention of
crime, besides performing other duties of a pioneer
character in connection with the security and develop-
ment of the territories.

2.——(‘;‘rovernment.

Since the establishment of the two new provinces of
Alberta and Sa.sl<atchewan, in I905, which formerly were part of the territories, the territories as now deﬁned by the act of 1905, are governed by 21 Comznis— sioncr as e.rmrIz”zre oﬂirer with the powers of former lieutenant-governor, who acts under instructions from the governor in council or the Minister of the Interior at Ottawa. A council of four or less may be given him to assist him, who, together with the commissioner, may make ordinances, which have the same force and effect as those of former assembly. The governor in council may disallow same within two years. At present there is a secretary and accountant to assist the commissioner in the administration of the Northwest Territories. 3.——Adn:Linist1-ation of Justice. The supreme court, formerly existing in the territories, was by act passed in I905, disestablished, but the govern nor in council may appoint stipcndiary magistrates wherever required, who shall have the powers and functions formerly vested in a judge of the said court, provided that in case of capital offence and sentence to death the magistrate shall forward to the minister of justice full notes of the evidence with his report on the SCHOOLS. 277 case and the execution is stayed until such is received and the pleasure of the governor-general thereon is communicated to the commissioner. The governor may also vest in any judge of any province the power ofllearing and determining, as judge of first instance or on an appeal,.any civil or criminal proceeding arising in the territories, and in case of appeal may prescribe the procedure to be followed. Coroners are also appointed who may act with less than six jurors, ifin his opinion it is impracticable to ﬁnd six. Wills written and signed by testator without witnesses are valid. Whenever by any act or ordinance a certain oi’-licer is designated to do a certain act,- and none exist, the commissioner may order by whom such duty shall be performed. The mounted police can act as constables for the preservation of peace, the prevention of crime, the arrest of criminals, the conveyance of convicted persons to places of conﬁnement, besides perforxning other duties necessary for’ security and order in the territories. British and dominion barristers, solicitors and advocates are allowed to practise. 4.—Sohoo1s. No established schools or system of schools exists in the territories. VVhenevcr a mission is s ‘ed by members of any denomination or faith and children are taught the elements of education, the government of Canada will usually make them a small grant to assist in the work of settlement and civilization. CHAPTER II. YUKON. I. Go-2/emmmt. —2. Aa?7/2z’71z’xtm!z’aIz 1/ ~/74:/ire, etc. 1 .— Cvovernment. Parliament has organized a government in this territory to meet the requirements of the population attracted to this wild region by the ﬁnding of gold. Its affairs are at present administered by 8. commissioner appointed by the governor in council; a council com~ posed often members elected to represent the electoral districts named and described by commissioner in council. Provision is made {or the appointment of an adminis- trator to replace the commissioner in case of his absence, illness or other inability. Any elector may be a councillor. The qualiﬁcations of electors is fixed by commissioner in council, but such persons must be British subjects of age of twenty-one or over, and must have resided in the district for at least twelve months prior to elections. This government may impose taxes for. purposes within its jurisdiction; may pass ordinances regarding juries in Civil and criminal matters; it may establish goals, pass laws for the municipal organization of the country, and with reference to property and civil rights, and also for the administration of justice; and the necessary ordinances with respect to education. Any [2733 ADMINISTRATION OF JUSTICE 279 ordinances of this council may be disallowed by the governor in council within two years after its passage. The governor in council may also make ordinances for this territory within certain limitations. 2.——Administ1-ation of Justice. This consists of a superior court, called the territorial court, composed of three judges, who are appointed like all superior court judges. Besides this court there are also police magistrates, magistrates and justices of the peace, This territory is an admiralty district. The superior court has practically unlimited civil and criminal jurisdiction with or without jury. Sitting “en banc,” it may dispose of motions for new trials, appeals and motions oflike nature and appeals from magistrates decisions. Two judges constitute a quorum. It has no jurisdiction in suits for or in any way connected with gambling debts. In criminal matters no grand jury exists. Any judge may exercise the power of a justice of the peace or of two justices. He may hold summary trials in certain cases ﬁxed by law, or sit as judge with jury. In any case, however, the accused may elect to be tried without jury. The juries are composed of six persons. In case of capital offence the sentence is suspended until the pleasure of the governor—general has been ascertainecl. A report is made to him through the minister of justice. P121222 72zzzg’zkimz‘e5 have only local jurisdiction, they may try summarily certain criminal cases. In civil matters of debt, damage or based on contract, they are limited to actions up to $500 ; in other personal matters only to $300, or by consent of parties 280 YUKON. to $50o; and ‘in suits for debt or money demand to $1,000 where balancepor original amount is ascertained by signature of defendant. It has no jurisdiction in matters of gambling debts, libels, slancler, questions regarding “wills,” title to land, and such like matters. In criminal matters, as well as in civil matters, an appeal lies from the territorial court to the supreme court of Canada. Municipal and School Systems. It is not intended here to deal with this question at any length. Let it suffice to say that ample provisions have been made for complete systems based on those of the provinces, and principally on that of Ontario. And, as the country develops, these are put into force to meet the requirements of the various localities. The commissioner may establish towns, under certain con~ ditions, ivhich are governed by the act passed in that behalf. Dawson City has a special charter. Various ordinances have been passed to protect the health, life and property of the inhabitants. The council of the Yukon, with two outsiders, form the council of public instructions. They possess the usual powers of councils in the provinces. The country is divided into districts for school purposes, the rate~ payers whereof elect trustees, etc. The minority of the ratepayers, whether protestant or catholic, of any school district may petition and obtain a separate school district. CHAPTER III. THE PUBLIC LANDS AND rnnmns IN THE NORTHWEST. 1. Pzzélic Lmzrii-.—~2. 1\’cgz’sz’r/z/z‘on.—3. 171/Ziazts. 1.—Pub1ic Lands. The lands of Manitoba, Alberta, Saskatchewan and part of British Columbia, as deﬁned in the Act,* and the territories are controlled by the dominion govern- ment, who have made very liberal provisions for the encouragement of settlement, Their administration and .7)?’ 0/ 52 5.5 $4 54′ 134, 30 .27 257 27 2é> 12:6’

/9 20 2/ 22 2.5 24

/g /7 /é /¢S— /L/— /0‘

*R. S. C. (1906) ch. 55, sec. 3.
[281]

282 GOVERNMENT OF TI-IE TERRITORIES.

management is entrusted to the minister of interior
(see above, p. So), and to certain commissioners, ofﬁcers
and clerks, whose duties are deﬁned by statute and the
regulations of the department. Provision has now been
made for the establishing of a Dominion Lands Board,
to settle disputed questions arising in the administration
of these lands. Dominion lands are laid off in quadri-
lateral blocks “or townships, each containing thirty—six
sections of as nearly one mile square as the scientiﬁc
survey permits, with such road allowances between
sections as the governor-general in council prescribes.
Sections are bounded and numbered as in the diagram
on preceding page.’

Each section is divided into quarter sections of one
hundred and sixty acres, and consequently eacli township,
as a rule, comprises about 23,040 acres of land. Each
such quarter section is again divided into quarter sections,
or forty acres, numbered as in the following diagram:

.77‘

/5 /A‘ /.5“ /6′

/2 // /o *?

PUBLIC LANDS. 283

Sections eleven and twenty—nine (see first diagram)
in every surveyed township throughout the extent of the
dominion lands are set apart for the purposes of educa—
tion and are withdrawn from homestead regulations.
Provision is also made in the law for towns and cities.
In order to give every possible encouragement to actual
settlement the law provides that all surveyed even num~
bercd sections, which have not been otherwise reserved
for a special purpose, are to be held exclusively for
“liomesteacls,” or practically free homes. Any person
who is the sole head of a family, or any male who is of
the age of eighteen years, can on the payment of ten
dollars obtain possession of a homestead of one quarter
section, or one hundred and sixty acres of surveyed
agricultural land, and secure a perfect title from the
crown as its owner :—I. By showing exclusive use for
three years; 2. Residence at least six months in each
year; 3. Building of a house thereon; 4. Cultivation of
such area as may {win time to time be required by the
regulations; and 5. He must be a British subject. The
homeste.-ader must complete his “entry” by taking per-
sonal possession and beginning residence thereon within
six months ﬁ’om the date of obtaining the same. When
he has complied with the terms of the law, which are
intended to encourage actual settlers and prevent land
falling into the hands of mere speculators, he receives a
“patent” or title from the dominion government. A
man who wishes to secure his complete title in a shorter
time can do so by furnishing proof that he has lived on
the land for at least twelve months from the date of his
perfecting his entry, and that he has cultivated at least
thirty acres. An actual settler may also purchase a

284. GOVERNMENT OF THE TERRI’I‘ORIES.

quarter section adjoining his o\vn when available, at the
ordinary price, which is three dollars an acre; one-fourth
of the purchase money to be in cash, and the balance
in three equal yearly instalments at five per cent. interest
anmially. Other advantages are given to settlers not
necessary or possible to mention here.

2.—Regis1:ra.tion.

The legal regulations for the sale and transfer of
lands are very clear and simple. Formerly ﬁve land
registration districts existed for the territories. There
are no land registration districts in the territories as
now constituted. In Alberta there are two districts,
namely :—-North and south, with registrars at Edmonton
and Calgary respectively. In Saskatchewan there are
ﬁve districts, namely :—i. Assiniboia, registrar at Regina;
2. East Saskatchewan, registrar at Prince Albert; 3.
Saskatoon, registrar at Saskatoon; 4. West Saskatche-
wan, registrar at Battleford ; 5. Yorkton, registrar at
Yorkton. The registrars are appointed by the governor-
general in council, and discharge all those duties
performed by similar officers in the other provinces
with respect to the grant, sale, mortgage, lease and
transfer of property. An inspector, appointed by the
governor-general in council, inspects the boolcsland
records of the several land title ofﬁces from time to time.

3.——The Indians.

By the British North America Act the dominion
government has sole control over the Indians and lands
reserved for Indians in the provinces and territories of
the Dominion. One of the departments of the govci-n~
ment of Canada is that of Indian aliairs, of which a

THE INDIANS. 285

superintendcnt—gencra1 is the head. It has the manage-
ment and charge of all matters relating to the Indians.
The minister of the interior (see rzéoz/12, p. 80) generally
ﬁlls the position of superiutendent—general, and has the
assistance ofa number of ofﬁcers to manage the business
of the department. In all the provinces and territories
there are bands or remnants of the old tribes or
“Nations” that once inhabited British North America,
who live on lands specially reserved for their use and
beneﬁt. The law carefully guards their interes and all
property held for them can only be alienated or leased
by their own consent, and then the proceeds are invested
for their sole advantage. No one can buy, or otherwise
acquire from Indians, any grain or other produce
grown upon any reserve in the Provinces of Manitoba,
Saskatclleivan or Alberta, or the territories. The law
lnakes very satisfactory provision for the “enfranchise-
ment” of the Indians; that is, the conferring upon them
the rights and privileges of free citizens, whenever they
can come up to the qualiﬁcations laid down to meet
their case. Indians in the old provinces can vote at
dominion and provincial elections on the conditions laid
down in the statutes on the subject, but in the territories
and Manitoba they have not yet reached that degree of
civilization which would enable them to exercise the
rights of white men. There were in British Columbia,
Alberta, Saskatcliewan, and the organized territories,
in 1901, about 53,000 Indians and half breeds in various
stages of development. Manitoba has I6,277; Ontario,
24,665; Quebec, Io,I42; and the other provinces
together about 17.600. They are the wards of the
Canadian government, which has always exercised a

286 GOVERNMENT OF THE TlE_RRITORIES.

parental care over them. They are fed and clothed in
large numbers. Before lands were laid out {or settle-
ment the Indian titles were extinguished by treaties of
purchase, conducted between the representative of the
Dominion and the councils of the several tribes. The
Indians live on “reserves” set apart for them in valuable
districts; industrial farms and other schools are provided
by the government with the creditable hope of making
them more useful members of the community. Agents
live on the reserves, and inspectors visit the agencies
from time to time to see that the interests of the Indians
are protected in accordance with the general policy
of the government. The sale of spirituous liquors is
expressly forbidden to the Indian population, and severe
punishment is provided by the law for those who evade
this wise regulation.

BIBLIOGRAPHIC/\L NOTE.

There are no books or essays to be quoted in connection with territorial
government. The subject is new, and those who wish to study it thoroughly
will have to go through the dominion statutes 1’espcctingNorI.h\ves[ govern-
ment, Indians, public lands, mounted police. Much information is found
in the Statistical Year Book of Canada and the reports of the (lepzirzment
of the interior.

CONCLUSION.
THE DUTIES AND RESPONSIBILITIES or CANADIAN CITIZENS.

I have now given an outline of the leading features of
the government of Canada, and shall conclude with a
few general observations addressed especially to my
younger readers, on whom must largely rest the effective
and pure administration of public affairs in the future of
a country, still in the infancy of its development.

Whatever defects and weaknesses may exist in certain
details of the Canadian federal structure~and this opens
up subjects of controversy into which I cannot enter in
a book like this-~Canadians may fairly claim that it
seems on the whole well adapted to meet the wants and
necessities of the people of the Dominion. From the
foundation to the crowning apex it has many attributes
of strength. It is ﬂamed on principles which, as tested
by British and American experience, are calculated to
assist national development and give full liberty to local
institutions. At the bottom of the ediﬁce are those
parish, township, county and municipal institutions which
are eminently favourable to popular freedom and local

‘improvement. Then comes the more important pro-

vincial organization, divided into those executive, legis«
Iative and judicial authorities which are essential to the
working of all constitutions. Next comes the central
government which assumes a national dignity and is
intended as a guarantee of protection, unity and security
[2871

288 THE DUTIES OF CANADIAN CITIZENS.

to the whole system. And above all is the imperial
power—in other words, a sovereign who holds his
exalted position, not by the caprice of a popular‘ vote,
but with all the guarantees of permanency with which
the British constitution surrounds the throne.

In the system of parliamentary government, which
has been developed in Canada in accordance with
English principles, we have elements of undoubted
strength as compared with those enjoyed by the people
of the United States, where neither the president of the
nation nor the governor of a state has a cabinet having
seats in the legislative assemblies of the country and re-
sponsible for the work of administration and legislation.
In Canada the governor-general, or the lieutenant-goven
nor, his cabinet, and the popular branch of the legislature
are governed, as in England, by a system of rules, con-
ventions and understandings which enable them to work
in harmony with one another. The crown, the cabinet,
the legislature and the people have respectively certain
rights and powers which, when properly and constitu-
tionally brought into operation, give strength and elasti-
city to our system of government. In all cases there
must be a ministry to advise the crown, assume respon-
sibility for its acts, and obtain the support of the people
and their representatives in parliament. As a last resort
to bring into harmony the people, the legislature, and
the crown, there is the exercise of the supreme preroga-
tive of dissolution. A governor, acting always under
the advice of responsible ministers, may at any time,
generally speaking, grant an appeal to the people to test
their opinion on vital public questions and bring the
legislature into accord with the public mind. In short,

THE DUTIES OF CANADIAN CITIZENS. 289

the fundamental principle of popular sovereignty lies at
the very basis of the Canadian system.

The following features of the Canadian system of
government also give it strength and stability :—

A nompolitical and permanent civil service in the
dominion and provincial governments——a system only
pE11‘tia.lly adopted of very recent years by the national
government of the United States, and now urged in
almost all the old states of the union.

The appointment of all judges and public officials by
the crown, on the advice of ministers responsible to
parliament for every such executive act——in eontradis—
tinetion to the elective system of the states of the federal
republic, where even judges are, in most cases, elected by
the people.

The independence of the judiciary of all party and
political pressure, when once appointed, since they can
be removed only by the crown, as a consequence of a
successful impeachment by the dominion parliament,
while in the several states their tenure is limited to a
certain number of yea1’s———~ten on the average.

The reference of questions, involving the constitutional
rights of the Dominion and the provinces, to perfectly
independent courts on whose unbiassed decision must
always largely rest the security of a federal system.

But however well devised a system of government
may be, it is relatively worthless unless the men and
women who compose the people of Canada are always
fully alive to their duties and responsibilities. It has
been well said that “eternal vigilance is the price of
liberty,” and if the people of Canada are indifferent to

293 THE DUTIES OF CANADIAN CITIZENS.

the character and ability of the men to whom, from time
to time, they entrust the administration of public affairs
—whether in the Dominion, a province, a city or other
municipal division, or a school disti-ict—they must sooner
or later themselves reap the results of their neglect.
Good and safe government means active interest on the
part of all classes of citizens, and not least on the part of
those whose intelligence, education and standing give
them a special right to be leaders in creating a sound
public opinion in their respective communities.

A famous Greek writer told all of us our duty many
centuries ago when he said that “ man is born to be a
citizen.”

Let the young citizens of Canada have always before
them a high ideal. Better to aim high than to sink low.

It is all important that the body politic should be
kept pure and that public life should be considered a
public trust. Canada is still young in political de—
vclopment, and the fact that her population has been
as a rule a steady, ﬁxed population, free from those
dangerous elements which have come into the United
States with such rapidity of late years, has kept her
relatively free from many serious social and political
dangers which have afflicted her neighbours, and to
which I believe they themselves, having inherited Eng-
lish institutions, and being imbued with the spirit of
English law, will always in the and rise superior. Great
responsibility therefore rests in the first instance upon
the people of Canada, who must select the best and
purest among them to serve the country, and, secondly,
upon the men whom the legislature chooses to discharge

THE DUTIES OF CANADIAN CITIZENS. 29!

the trust of carrying-on the government. No system of
government or of laws can of itself make a people
virtuous and happy unless their rulers recognize in the
fullest sense their obligations to the state and exercise
their powers with prudence and unselﬁshness, and
endeavour to elevate public opinion. A constitution
may be as perfect as human agencies can make it and
yet be relatively worthless, while the large responsibilities
and powers entrusted to the governing body—responsi-
bilities and powers not set forth in acts of parliament——
are forgotten in view of party triumph, personal ambition,
or pecuniary gain. “ The laws,” says Burke, “reach but
a very little way. Constitute government how you
please, inﬁnitely the greater part of it‘ must depend upon
the exercise of powers which are left at large to the
prudence and uprightness of ministers of state. Even
all the use and potency of the laws depend upon them.
Without them your commomvealth is no better than a
scheme upon paper, and not a living, active, effective
organization.”

In Canada, I quote the words of a Canadian poetess*—-

“As yet the waxen mould is soft, the opening page is fair;
It’s left for those who rule us now to leave their impress there—
The stamp of true nobility, high honour, stainless truth ;
The earnest quest of noble ends ; the generous heart of youth ;
The love of country, soaring far above dull party strife 5
The love of learning, art, and song—~the crowning grace of life ;
The love of science, soaring far through nature’s hidden ways;
The love and fear of nature’s God—a nation’s highest praise.”

*Miss Machar, of Kingston, well known as “ Fidelis.”

APPENDIX.

THE CONSTITUTION OF THE DOMINION OF GANAIIII
oxzum
BRITISH NORTH AMERICA ACT,
1867,

AND AMENDING ACTS.

293

APPENDIX.

THE BRITISH NORTH AMERICA ACT, 1867.

[Asscnted to by the Queen on the 27th March, 1867.

A72 Actfnr 2‘/ze I/m‘aIz qf Ctmarizz, 1Vo7/zz Scatia and ]V’erw Baum-
vr/z’t/c, aim’ Z/ze G07/£7Il7)ZE7ll tﬁerzof, (mdfar gmrparzr mmzerted
l/zerz’wz‘t/2.

WHEREAS the provinces of Canada, Nova Scetia and New
Brunswick have expressed their desire to be federally united into
one Dominion under the crown of the united kingclorn of Great
Britain and Ireland, with a constitution similar in principle to that
of the united kingdom : ‘

And whereas such it union would conduce to the welfare of the
provinces and promote the interests of the British empire :

And whereas on the establishment of the union by authority of
par-liainent it is expedient, not only that the constitution of the
legislative authority in the Dominion be provided for, but also that
the nature of the executive government therein be declared :

And whereas it is expedient that provision be made for the
eventual admission into the union of other parts of British North
America:

Be it therefore enacted and declared by the queen’s most
excellent majesty, by and with the advice and consent of the
lords spiritual and temporal. and cmninons, in this present parlial
ment assembled, and by the authority of the same, as follows :

I.—PRELII\IINARY.

I. This act maybe cited as the British North America Act, 1857.

2. The provisions of this act referring to her majesty the queen
extend also to the heirs and successors of her majesty, kings and
queens of the united kingdom of Great Britain and Ireland.

II.-—UNION.

3. It shall be lawful for the queen, by and with the advice of her
majesty’s most honourable privy council, to declare by proclamation

19 29 5

296 APPENDIX.

that, on and after a day therein appointed, not being more than six
months after the passing of this act, the provinces of Canada, Nova
Scotia and New Brunswick shall form and he one Dominion under
the name of Canada ; and on and after that day those three
provinces shall form and be one Dominion under that name
accordingly.

4. The subsequent provisions of this act shall, unless it is other-
wise expressed or implied, commence and have clfect on and after
the union. that is to say, on and after the day appointed for the
union taking effect in the qnecn’s proclamation; and in the same
provisions, unless it is‘ otherwise expressed or implied, the name
Canada shall be taken to mean Canada as constituted under this
act.

5. Canada shall be divided into four provinces, named Ontario,
Quebec, Nova Scotia and Ne\v Brunswick.

6. The parts of the province of Canada (as it exists at the passing
of this act) which formerly constituted respectively the provinces of
Upper Canada and Lower Canada shall be deemed to be severed,
and shall form two separate provinces. The part which formerly
constituted the province of Upper Canada shall constitute the
province of Ontario; and the part which formerly constituted the
province of Lower Canada shall constitute the province of Quebec.

7. The provinces of Nova Scotia and New Brunswick shall have
the same limits as at the passing of this act.

8. In the general census of the population of Canada, which is
hereby required to be taken in the year one thousand eight hundred
and sevcnty»one, and in every tenth year thereafter, the respective
populations of the four provinces shall be distinguished.

III.—EXECUTlVE POWER.

9. The executive government and authority of and over Canada
is hereby declared to continue and be vested in the queen.

xo. The provisions of this act referring to the governongeneral
extend and apply to the governor—general for the time being of
Canada, or other the chief executive oﬂiccr or administrator for the
time being carrying on the government of Canada on behalf and in
the name of the queen, by whatever title he is designated.

11. T hereshall be a council to aid and advise the government
of Canada, to be styled the queen’s privy council for Canada; and
the persons who are to be members of that council shall be from
time to time chosen and summoned by the governor~general and
sworn in as privy councillors, and members thereof may be from
time to time removed by the governor-general.

3’2. All powers, authorities and functions, which under any act of

THE BRITISHBNORTI-I AMERICA ACT. 297

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 exercisable by the
respective governors or lieulenzmbgovernors 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 number of members thereof, or by those governors or
lieutenant—g’0vernors individually, shall, as far as the same continue
in existence and capable of being‘ exercised after the union in rela-
tion to the government of Canada, be vested in and exercisable 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 intlividually,
as the case requires, subject, nevertheless, (except with respect to
such as exist under acts of the parliament of Great Britain or of
the parliament of the united kingdom of Great Britain and Ireland)
to be abolished or altered by the parliament of Canada.

13. The provisions of this act referring to the governongeneral
in council shall be construed as referring to the governor-general
acting by and with the advice of the queen’s privy council for
Canada.

14. It shall be lawful for the queen, if her majesty thinks ﬁt, to
authorize the governor-general from time to time to appoint any
person or any persons jointly or severally to be his deputy or
deputies within any part or parts of Canada, and in that capacity to
exercise during the pleasure of the governor~general such of the
powers, authorities and functions of the governor-general as the
governor-general deems it necessary or expedient to assign to him
or them, subject to any limitations or directions expressed or given
by the queen; but the appointment of such a deputy or deputies
shall not affect the exercise by the governor—genera1 himself of any
power, authority or function.

15. The command-in«cl1ief of the land and naval militia, and of
all naval and military forces, of and in Can.L1da, is hereby declared
to continue and be vested in the queen.

16. Until the queen otherwise directs, the seat of government of
Canada shall be Ottawa.

IV.—-LEGISLATIVE POWER.

17. There shall he one parliament for Canada, consisting of the
queen, an upper house styled the senate, and the house of commons.
18. *The privileges, immunities and powers to be held, enjoyed
and exercised by the senate and by the house of commons, and by

mmcmied by .1 subsequent imperial Act (See h’Zo71/, p. 324).

298 APPENDIX.

the members thereof respectively, shall be such as are from time to
time deﬁned by act of the parliament of Canada, but so that the
same shall never exceed those at the passing‘ of this act held,
enjoyed, and exercised by the commons house of parliament of the
united kingdom of Great Britain and lrcland and by the members
thereof.

19. The parliament of Canada shall be called together not later
than six months after the union.

20. There shall be a session of the parliament of Canada once at
least in every year, so that twelve months shall not intervene
between the last sitting of the parliament in one session and its
ﬁrst sitting in the next session.

7 ‘/11: Senate.

21. The senate shall, subject to the provisions of this act, consist
of seventy»two members, who shall be styled senators.

22. In relation to the constitution of the senate, Canada shall be
deemed to consist of three divisions——

L Ontario;

2. Quebec ;

3. The Max” ‘ ne provinces, Nova Scotia and New Brunswick;
which three divisions shall (subject to the provisions of this act) be
equally represented in the senate as follows: Ontario by twenty»
four senators; Quebec by t\venty~four senators, and the Maritime
provinces by twenty-{our senators, twelve thereof representing
Nova Scotia and twelve thereof representing New Brunswick.

In the case of Quebec, each of the t\vcnty-[our senators repre-
senting that province shall be appointed for one of the twenty-four
electoral divisions of Lower Canada speciﬁed in schedule A to
chapter one of the consolidated statutes of Canada.

23. The qualiﬁcations of a senator shall be as follows :-

(I) He shall be of the full age of thirty years.

(2) He shall be either a naturahborn subject of the queen, or a
subject of the queen naturalized by an act of the parlia-
ment of Great Brit in, or of the parliament 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 N cw Brunswiclc before the union,
or of the parliament of Canada after the union.

(3) He shall be legally or equitably seized as of freehold for his
own use and beneﬁt of lands or tenements held in free and
common socage, or seized or possessed for his own use
and beneﬁt of lands or tenements held in franc-alleu or

THE BRITISI-i NORTH AMERICA ACT. 299

in roture, within the province for which he is appointed,
of the value of four thousand dollars, over and above all
rents, dues, debts, charges, mortgages and encumbrances
due or payable out of, or charged on or aﬂ”ecting the same;

(4) His real and personal property shall be together worth four
thousand dollars over and above his debts and liabilities ;

(5) He shall be resident in the province for which he is appointed;

(6) In the case of Quebec, he shall have his real property qualiﬁ-
cation in the electoral division for which he is appointed,
or shall be resident in that division.

24. The governor-general shall from time to time, in the queen’s
name, by instrument under the great seal of Canada, summon
qualiﬁed persons to ihe senate; and, subject to the provisions of
this act, every person so summoned shall become and be a member
of the senate and a senator.

25. Such persons shall be first summoned to the senate as the
queen by warrant under her majesiy’5 royal sign manual thinks ﬁt
to approve, and their names shall be inserted in the qiicen’s procla-
mation of union.

26. If at any time, on the recommendation of the governor-
general, the queen thinks ﬁt to direct that three or six members he
added to the senate, the g’ovei~nor-geiieral may, by summons_ to
three or six qiialxﬁe<ll‘persons (as the case may be), representing
equally the three divisions of Canada, add to the senate accordingly.

:7. In case of such addition being’ at any time made, the governor-
general shall not summon any person to the senate, except on a
further like direction by the queen on the like recommendation,
until each of the three divisions of Canada is represented by twenty~
four senators, and no more.

28. The number of senators shall not at any time exceed seventy-
eight.

2g. A senator shall, subject to the provisions of this act, hold his
place in the senate for life.

30. A senator may, by writing tinder his hand, addressed to the
governorugeneral, resign his place in the senate, and thereupon the
s’a.me shall be vacant.

3I. The place of a senator shall become vacant in any of the
following cases :—

(I) If for two consecutive_sessions of the parliament he fails to

give his attendance in the senate:

(2) If he takes an oath or mz es a declaration or acknowledg~

ment of allegiance, obedience or adherence to a foreign
power, or does an act whereby he becomes a subject or

300 APPENDIX.

citizen, or entitled to the rights or privileges ofa 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 :

(5) If he ceases to be qualiﬁed in respect of property or of resi-
dence: 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.

32. When :1 vacancy happens in the senate, by resignation, death
or otherwise, the governor-general shall, by summons to a ﬁt and
qualiﬁed person, fill the vacancy.

33. If any question arises respecting the qualification of a senator
or a vacancy in the senate, the same shall he heard and determined
by the senate. A

34. The governor-general may from time to time, by instrument
under the great seal of Canada, appoint a senator to he speaker of
the senate, and may remove him and appoint another in his stead.

35. Until the parliament of Canada otherwise provides, the
presence of at least ﬁfteen senators, including the speaker, shall be
necessary to constitute it meeting of the senate for the exercise of
its powers.

3}’). _Questions arising in the senate shall he decided by a
majority of voices, and the speaker shall in all cases have a vote,
and when the voices are equal the decision shall be deemed to he
in the negative.

The Ilnzzse of Cwzmmzs.

37. The house of commons shall, subject to the provisions of this
act, consist “of one hundred and eighty~one members, of whom
eighty-two shall be elected for Ontario, sixty—ﬁ\’e for Quebec,
nineteen for Nova Scotia, and ﬁfteen for New Brunswick.

38. The governopgeneral shall from time to time, in the queen’s
name, by instrument under the great seal of Canada, summon and
call together the house of commons.

39. A senator shall not be capable ofbeing elected or of sitting or

‘ voting as 3 member oflhe house of commons.

40. Until the parliament of Canada otherwise provides, Ontario.
Quebec, Nova. Scotia and New Brunswick shall, for the purposes

THE BRITISH ‘NORTH AMERICA ACT. 301

of the election of members to serve in the house of commons, be
divided into electoral districts as follows :-

1 . —ONTARIO.

Ontario shall be divided into the counties, tidings of counties,
cities, parts of cities, and towns enumerated in the first schedule to
this act, each whereof shall he an electoral district, each such dis-
trict as numbered in that schedule being entitled to return one
member.

2.——QUEBEC.

Quebec shall be divided into y-ﬁve electoral districts, com»
posed of the sixty-ﬁve electoral cli ons into which Lower Canada
is at the passing of this act divided under chapter two of the con-
solidated statutes of Canada, chapter seventy-ﬁve of the consolidated
statutes for Lower Canada, and the act of the province of Canada
of the t\venty»third year of the queen. chapter one, or any other
act amending the same in force at the union. so that each such
electoral division shall be for the purposes of this act an electoral
district entitled to return one member.

3.-—NOVA scozrm.

Each of the eighteen counties of Nova, Scotia shall he an
electoral district. The county of Halifax shall be entitled to
return two members, and each of the other counties one member:

4.—~NE\V BRUZ\’SWlCK.

Each of the fourteen counties into which New Brunswick is
divided, including the city and county of St. John, shall he an
electoral district. The city of St. John shall also be a separate
electoral district. Each of those ﬁfteen electoral districts shall be
entitled to return one member.

4!. Until the parliament of Canada otherwise provides, all laws
in force in the several provinces at the union relative to the
following matters or any of them, namely :~—-the qualiﬁcations and
disqualiﬁcations of persons to be elected or to sit or vote as
members of the house of assembly or legislative assembly in the
several provinces, the voters at elections of such members, the
oaths to be taken by ‘oters, the returning oﬁiccrs, their powers and
duties, the proceedings at elections, the periods during which
elections may be continued, the trial of controverted elections,
and proceedings incident thereto, the vacating of seats of members,
and the execution of new writs in case of seats vacated otherwise
than by disso1ution—shal1 respectively apply to elections of

302 APPENDIX.

members to serve in the house of commons for the same several
provinces.

Provided that, until the parliament of Canada otherwise provides,
at any election for a member of the house of commons for the
district of Algoma, in addition to persons qualiﬁed by the law of
the province of Canada to vote, every male British subject, aged
twenty-one years or upwards, being a householder, Shall have a
vote.

42. For the first election of members to serve in the house of
commons the governor-general shall cause writs to be issued by
such person, in such form and addressed to such returning officers
as he thinks fit.

The person issuing writs under this section shall have the like
powers as are possessed at the union by the officers charged \vith
the issuing of writs for the election of members to serve in the
respective house of assembly or legislative assembly of the
province of Canada, Nova Scotia or New Brunswick; and the
returning oﬁicers to whom writs are directed under this section
shall have the like powers as are possessed at the union by the
ofﬁcers charged with the returning of writs for the election of
members to serve in the same respective house of assembly or
legislative assembly.

43. In case a vacancy in the representation in the house of
commons of any electoral district happens before the meeting of
the parliament or after the meeting of the parliament before
provision is made by the parlizuncnt in this behalf, the provisions
of the last foregoing section of this act shall extend and apply to
the issuing and returning of a writ in respect of such vacant
district.

44. The house of commons, on its first assembling after a general
election, shall proceed with all practicable speed to elect one of
its members to be speaker.

45. In case of avacztncy happening in the oflice of speaker, by
death, resignation or otherwise, the house of commons shall, with
all practicable speed, proceed to elect another of its members to
be speaker.

46. The speaker shall preside at all meetings of the house of
commons.

47. Until the parliament of Canada otherwise provides, in case
of the absence for any reason, of the speaker from the chair of the
house of commons for :1 period of fortyeiglit consecutive hours, the
house may elect another of its members to act as speaker, and the
member so elected shall, during the continuance of such absence of
the speaker, have and execute all the powers, privileges and duties
of speal:er._

THE BRITISH‘ NORTH AMERICA ACT. 303

48. The presence of at least twenty members of the house of
commons shall be necessary to constitute :7. meeting of the house
for the exercise of its powers; and for that purpose the speaker
shall be reckoned as a member.

49. Questions arising in the house of commons shall be decided
by amajority of voices other than that of the speaker, and when
the voices are equal, but not otherwise, the speaker shall have a
vote.

50. Every house of coimnons shall continue for ﬁve years from
the day of the return of the \\’1’ll’S for choosing‘ the house (subject to
be sooner dissolved by the governor»general), and no longer.

51. On the completion of the census in the year one thousand
eight hundred and seventy-one, and of each subset ucnt decennial
census, the representation of the {our provinces sliuil be readjusted
by such authority, in such manner, and from such time as the
parliament of Canada from time to time provides, subject and
according to the following rules :~— –

(1) Quebec shall have the fixed number of sixty-ﬁve mcmhcrs :

(2) There shall be assigned to each of the other provinces such a
number of members as will bear the same proportion to
the number of its population (ascertained at such census)
as the number of sixty-ﬁve bears to the number of the
population of Quebec (50 ascertained):

(3) In the computation of the number of members for a province
a fractional part not exceeding one-half of the whole
number requisite for entitling the province to amcmber
shall be disregarded ; but a fractional part exceeding one
half of that number shall be equivalent to the whole
number 2

(4) On any such readjustment the number of members for a
province shall not he reduced unless the proportion which
the number of the population of the province bore to the
number of the aggregate population of Canada at the then
last preceding readjustment of the number of members for
the province is zisccrtainccl at the then latest census to be
diminished by one-twentieth part or upwards :

(5) Such readjustinent shall not take effect until the termination
of the then existing parliament.

52. The number of members of the house of commons maybe
from time to time increased by the parliament of Canada, provided
the proportionate representation of the provinces prescribed by this
act is not thereby disturbed.

304 APPENDIX.

Illzmey Vales; I617;/«Z Aswzl.

53. Bills for appropriating any part of the public revenue, or for
imposing any tax or inipost, shall originate in the house of commons.

54. It shall not be lawful for the house of commons to adopt or
pass any vote, resolution, address, or bill for the appropriation of
any part of the public revenue, or of any tax or impost, to any pur-
pose that has not been first recommended to that house by message
of the govemor-general in the session in which such vote, resolution,
address, or bill is proposed.

55. Where a bill passed by the houses of the parliament is
presented to the governor»g‘eneral for the queen’s assent, he shall
declare, according to his discretion, but subject to the provisions of
this act and to her inajest)-’s instructions, either tlizu: he assents
thereto in the queen’s name, or that he withholds the quecn’s
assent, or that he reserves the bill for the signiﬁcation of the
queen’s pleasure.

56. Where the governor-general assents to abill in the queen’s
name, he shall by the ﬁrst convenient opportunity send an
authentic copy of the act to one of her nmjesty’s principal
secretaries of state, and if the queen in council within two years
after receipt thereof by the secretary of state thinks fit to disallow
the act, such disallowance (with a certiﬁcate of the secretary of
state of the day on which the act was received by him) being
signiﬁed lay the governor-general, by speech or message to each
of the houses of the parliament or by proclamation, shall ztnnul the
act from and after the day of such signiﬁcation.

57. A bill reserved for the signiﬁcation of the quecn’s leasure
shall not have any force unless and until within two years tom the
day on which it was presented to the governongeneral for the
queen’s assent, the governor-—gencral signiﬁes, by speech or mes»
sage to each of the houses of the parliament or by proclamation,
that it has received the assent of the queen in council.

An entry of every such speech, message or proclamation shall be
made in the journal of each house, and 2!. cliiplicate thereof duly
attested shall be cleliverecl to the proper officer to he kept among
the records of Canada.

V.~—-PROVINCIAL CONSTITUTIONS.

E.2-mtlhre Power.

58. For each province there shall be an ofﬁcer, styled the
lieutcnanbgovernor, appointed by the governor-general in council
by instrument under the great seal of Canada.

59. A lieutenant-governor shall hold office during the pleasure of
the govemor—general; but any lieutcnarmgovernor appointed after

THE BRITISH NORTH AMERICA ACT. 305

the commencement of the first session of the parliament of Canada
shall not be removable within five years from his appointment,
except for cause assigned which shall be communicated to him in
writing within one month after the order for his removal is made,
and shall be communicated by message to the senate and to the
house of commons within one week thereafter if the parliament is
than sitting, and if not then within one week after the commence-
ment of the next session of the parliament‘.

60. The salaries of the lieutenanbgovernors shall be ﬁxed and
provided by the parliament of Canada.

61. Every lieutenant—governnr shall, before assuming‘ the duties
of his office, make and subscribe before the governor-general or
some person authorized by him, oaths of allegiance and office
similar to those taken by the governor-general.

62. The provisions of this act referring to the lieutcnant~govc1‘nor
extend and apply to the 1ieutenant~g0verno1‘ for the time being of
each province or other the chief executive officer or administrator
for the time being carrying on the government of the province, by
whatever title he is designated.

63. The executive council of Ontario and of Quebec shall be
composed of such persons as the lieutenanbgovernor from time to
time thinlcs ﬁt, and in the ﬁrst instance of the following ofﬁcers,
namely: the attorney»general, the secretary and registrar of the
province, the treasurer of the province, the commissioner of crown
lands, and the commissioner of agriculture and public works, with,
in Quebec, the speaker of the legislative council and the S0llCl.i.O1‘-
general.

64. The constitution of the executive authority in each of the
provinces of Nova Scotia and New Brunswick shall, subject to the
provisions of this act, continue as it exists at the union until altered
under the authority of this act.

65. All 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, or Canada, were or are before or
at the union vested in or exercisable 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 are capable of
being cxercised after the union in relation to the government of
Ontario and Quebec respectively, be vested in and shall or may
be exercised by the lieutenanbgovcrnor of Ontario and Quebec
respectively, with the advice or with the advice and consent of

306 APPENDIX.

or in conjunction with the respective’ executive councils or any
members thereof, or by the lieutenant-governor individually, as the
case requires, subject nevertheless (except with respect to such as
exist under acts of the parliament of Great Britain or of the
pai’1iaii1entof the united kingdom of Great Britain and Ireland),
to be abolished or altered by the respective legislatures of Ontario
and Quebec.

66. The provisions of this act referring to the lioutenanbgovernor
in council shall be construed as referring to the lieutenant-governor
of the province acting by and with the advice of the executive
council thereof.

67. The governor-general in council may from time to time
appoint anadininlstrator to execute the ofﬁce and functions of
lieutenant-governor during his absence, illness, or other inability.

68. Unless and until the executive government of any province
otherwise directs with respect to that province, the seats of govern-
ment of the provinces shall be as follows, namely : of Ontario, the
city of Toronto; of Quebec, the city of Quebec; of Nova Scotia,
the city of Halifax; and of New Brunswick, the city of Fredericton.

Legislatziz/2 Power.
I .-—ON’I‘ARIO.

69. There shall be 2|. legislature for Ontario, consisting of the
lieutenant-governor and of one house, styled the legislative assem~
bly of Ontario.

70. The legislative assembly of Ontario shall be composed of
eighty-two members, to be elected to represent the eighty—two
electoral districts set forth in the first schedule to this act.

2.—QUEBEC.

71. There shall be a legislature for Quebec, consisting of the
lieutenant-governor and two houses, styled the legislative council
of Quebec and the legislative assembly of Quebec.

72. The legislative council of Quebec shall be composed of
twenty-four members, to be appointed by the lieutenanbgovernor
in the queen’s name by instrument under the great seal of Quebec,
one being appointed to represent each of the twenty-four electoral
divisions of Lower Canada in this act referred to, and each holding
office for the term of his life, unless the legislature of Quebec other
wise provides under the provisions of this act.

73. The qualiﬁcations of the legislative councillors of Quebec
shall. be the same as those of the senators for Quebec.

Tl-IE BRITISH NORTH AMERICA ACT. 307

74. The place of a legislative councillor of Quebec shall become
vacant in the cases, mzazalis 7/mttwdis, in which the yilace of
senator becomes vacant.

75. When a vacancy happens in the legislative council of Quebec
by resignation, death, or otherwise, the lieutenant-governor, in the
queeifs name, by instrument under the great seal of Quebec, shall
appoint a ﬁt and qualiﬁed person to ﬁll the vacancy.

76. If any question arises respecting the qualiﬁcations of a
legislative councillor of Quebec, or a vacancy in the legislative
council of Quebec, the same shall be heard and determined by the
legislative council.

77. The lieutenant—governor may, from time to time, by instru~
ment under the great seal of Quebec, appoint a member of the
legislative council of Quebec to be speaker thereof, and may
remove him and appoint another in his stead.

78. Until the legislature of Quebec otherwise provides, the p1’es~
ence of at least ten ineinbers of the legislative council, including
the speaker, shall be necessary to constitute a meeting‘ for the
exercise ofits powers.

79. Questions arising in the legislative council of Quebec shall
be decided by a majority of voices, and the speaker shall in all
cases have 3 vote, and when the voices are equal the decision shall
be deemed to be in the liegativé.

80. The legislative assembly of Quebec shall be composed of
sixty-ﬁve members, to be elected to represent the sixty-live elec~
total divisions or districts of Lower Canada in this act referred to,
subject to alteration thereof by the legislature of Quebec : provided
that it shall not be lawful to present to the lieutenant-govemor of
Quebec for assent any bill for altering the limits of any of the
electoral divisions or districts mentioned in the second schedule to
this act, unless the second and third readings of such bill have been
passed in the legislative assembly with the concurrence of the
majority of the members representing all those electoral divisions
or <listi‘icts, and the assent shall not be given to such bill unless an
address has been presented by the legislative assembly to the
lieutenant~governor stating that it has been so passed.

3.-<0NTA’R 10 AND QUEBEC.

81. The legislatures of Ontario and Quebec, respectively, shall be
called together not later than six months after the union.

82. :l‘he lieutena.nl.’~govern01‘s of Ontario and of Quebec shall,
from time to time, in the qucen’s name, by instrument under the
great seal of the province, summon and call together the legislative
assenzbly of the province.

303 APPENDIX,

83. Until the legislature of Ontario or of Quebec otherwise
provides, 2: person accepting or holding in Ontario, or in Quebec,
any office, commission or employment, permanent or temporary, at
the nomination of the lieutenant-governor, to which an annual
salary, or any fee, allowance, emolument or proﬁt of any kind or
amount whatever from the province is attached, shall not be
eligible as a member of the legislative assembly of the respective
province, nor shall he sit or vote as such; but nothing‘ in this
section shall make ineligible any person being a member of the
executive council of the respective province, or holding any of the
following offices, that is to say: the olﬁces of attorney-g’enera.l,
secretary and registrar of the province, treasurer of the province,
commissioner of crown lands, and commissioner of agriculture and
public works, and in Quebec, solicitor-general, or shall disqualify
him to sit or vote in the house for which he is elected, provided he
is elected while holding such office.

84. Until the legislatures of Ontario and Quebec respectively
otherwise provide, all laws which at the union are in force in those
provinces respectively, relative to the following matters or any of
them, namely: the qualiﬁcations and clisqualiﬁcations efpersons to
be elected or to sit or vote as members of the assembly of Canada,
the qualiﬁcations or tlisqualiﬁczitions of voters, the oaths to be taken
by voters, the returning ofiiccrs, their powers and duties, the pro-
ceedings at elections, the periods during which such elections may
be continued, and the trial of controvertod elections and the pro~
ceedings incident thereto, the vacating of the seats of inembers,
and the issuing and execution of new writs in case of seats vacated
otherwise than by dissolution, shall respectively apply to elections
of members to serve in the respective legislative assemblies of
Ontario and Quebec.

Provided that until the legislature of Ontario otherwise provides,
at any election for a. member ofthe legislative assembly of Ontario
for the district of Algoma, in addition to persons qualiﬁed by the
law of the province of Czmatla. to vote, every male British subject
aged twenty-one years or upwards, being a householder, shall have
21 vote.

85. Every legislative assembly of Ontario and every legislative
assembly of Quebec shall continue for four years from the (lay of
the return of the writs for choosing the same (subject, nevertheless,
to either the legislative assembly of Ontario or the legislative
assembly of Quebec being sooner dissolved by the lieutenant-
governor of the province), and no longer.

86. ‘There shall be a session of the legislature of Ontario and of

that of Quebec once at least in every year, so that twelve months
shall not intervene between the last sitting of the legislature in

THE BRITISH NORTH AMERICA ACT. 309

each province in one session and its first sitting in the next
session.

87. The following provisions of this act respecting the house of
commons of Canada, shall extend and apply to the legislative
assemblies of Ontario and Quebec, that is to say, the provisions
relating to the election of a speaker oi’iginally and on vacancies,
the duties of the speaker, the absence of the spealter, the quorum,
and the mode of voting, as if those provisions were here re-enacted
and made applicable in terms to each such legislative assembly.

4.—-NOVA SCOTIA AND NEW BRUNSWICK.

88. The constitution of the legislature of each of the provinces of
Nova. Scotia and New Brunswick shall, subject to the provisions of
this act, continue as it exists at the union until altered under the
authority of this act ; and the house of assembly of New Brunswick
existing at the passing of this act shall, unless sooner dissolved,
continue for the period for which it was elected.

5.—ONTARlO, QUEBEC AND NOVA SCOTIA.

89. Each of the lieutenant-governors of Ontario, Quebec, and
Nova. Scotia, shall cause writs to be issued for the first election of
members of the legislative assembly thereof in such form and by
such person as he thinks ﬁt, and at such time and addressed to
such returning officer as the govei’i1or—gei‘ic1’al tlirects, and so that
the first election of member of assembly {or any electoral district
or any subdivision thereof shall be held at the same time and at
the same places as the election {or a member to serve in the
house of commons of Canada for that electoral district.

6.—-’l‘I-IE 1-‘OUR PROVINCES.

90. The following provisions of this act respecting the parliament
of Canada, namely: the prorisions relating to appropriation and
tax bills, the recommendation of money votes, the assent to bills,
the disallmvance of acts and the signiﬁcation of pleasure on bills
reserved—~shall cxtend and apply to the legislatures of the several
provinces as if those provisions were here i’e—cnaeted and made
applicable in terms to the respective provinces and the legislatures
thereof, with the stibstittition of the licutcnaiit-governor of the
province for the govemor—genera1, of the governor-general for the
queen, and for E1, secretary of state, of one year for two years, and
of the province for Canada.

310 APPENDIX.

VI.—~DIS’1‘RIBU’I‘ION OF LEGISLATIVE POWERS.

PML/arr of 2712 Pzzrlfzwzmz‘.

9r. It shall be lawful for the queen, by and with the advice and
consent of the senate and house of commons, to make laws for the
peace, order and good government of Canada, in relation to all
matters not coming within the classes of subjects by this act
assigned exclusively to the legislatures nf the provinces; and for
greater certainty, but not so as to restrict the generality of the fore-
going terms of this section, it is hereby (lecl:u‘e(l that (notwith-
standing anything in this act) the exclusive legislative authority of
the parliament of Canada extends to all matters coming within the
classes of subjects next hereinafter enumerated, that is to say :-—

(I) The public debt and property.

(2) The regulation of trade and commerce.

(3) The raising of money by any mode or system of taxation.
(4) The borrosring of money 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 government of Canada.

(9) Beacons, buoys, lighthouses and Sable island.
(Io) Navigation and shipping.
(:1) Quarantine and the establishment and maintenance of
marine hospitals.
(12) Sea coast and inland ﬁsheries.
(I3) Ferries between a. province and any British or foreign
country, or between two provinces.
(14) Currency and coinage.
(15) Banking, incorporation of banks and my issue of paper
money.
(I6) Savings banks.
(17) Vi/eights and measures.
(18) Bills of exchange and promissory notes.
(I9) Interest.
(20) Legal tender.
(21) Bankruptcy and insolvency.
(22) Patents of invention and discovery.

(23) Copyrights.

THE BRITISH NORTH AMERICA ACT. 311

(24) lndians and lands reserved for the Indians.

(25) Naturalization and aliens.

(26) Marriage and divorce.

(27) The criminal law, except the constitution of the courts of
criminal jurisdiction, but including the procedure in crim-
inal matters.

(78) The establisliinent, maintenance and management of peni-
tentiaries.

(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 matters of a local or private nature comprised in the
enumeration of the classes of subjects by this act assigned exclu-
sively to the legislatures of the provinces. ‘

ExcZ7¢sz’z/A I’o-wars ry” Prov/izzriazl Legirlaturcs.

92. In each province the legislature may exclusively make laws
in relation to matters coming within the classes of subjects next
hereinafter enumerated, that is to say 2–

(I) The amendment: from time to time, notwithstanding any-
thing in this act, of the constitution of the province, except
as regards the office of lieutenant-governor.

(2) Direct taxation within the province in order to the raising of
a revenue for provincial purposes.

(3) The borrowing of money on the sole credit of the province.

(4) The establislnnent and tenure of provincial of-ﬁces, and the
appointment and payment of provincial ofﬁcers.

(5) The management and sale of the public lands belonging to
the province, and of the timber and wood thereon.

(6) The cstablislnnent, maintenance, and management of public
and refnrinatory prisons in and for the province.

(7) T he establishment, maintenance, and management of hospi-
tals, asylurns, charities, and elcemosynary institutions in

– and for the province, other than marine hospitals.

(8) Municipal institutions in the province.

(9) Shop, saloon, tavern, auctioneer, and other licenses, in order
to the raising of :7. revenue for provincial, local, or munici-
pal purposes.

3 :2 APPENDIX.

(10) Local works and undertakings, other than such as are of the
following classes :-—

(az) 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 province :

(ﬂ) Lines of steamships between the province and any British
or foreign country:

(5) Such works as, although wholly situate within the province,
are before or after their execution (leclare:ty—thrce thousand dollars.

120. All payments to be made under this act, or in discharge of
liabilities created under any act of the provinces of Canada, Nova
Scotia and New Brunswick, respectively, and assumed by Canada
shall, until the parliament of Canada otherwise directs, be made in
such form and manner as may from time to time be ordered by the
govemor-general in council.

THE BRITISH NORTH AMERICA ACT. 317

12L All articles of the growth, produce or manufacture of any one
of tne provinces shall, from and after the union, be admitted free
into each of the other provinces.

122. The customs and excise laws of each province shall, subject
to the provisions of this act, continue in force until altered by the
parliament of Canada.

123, Where customs duties are at the union leviable on any
goods, wares or merchancliscs in any two provinces, those goods,
wares and mcrchandises inay,fren1 and after the union, be imported
from one of those provinces into the other of them on proof of
payment of the customs duty leviable thereon in the province of
exportation, and on payment of such further amount (if any) of
customs duty as is leviable thereon in the province of importation.

124. Nothing in this act shall aifect the right of New Brunswick
to levy the lumber dues provided in chapter ﬁfteen of title three of
the revised statutes of New Brunswick, or in any act amending
that act before or after the union, and not increasing the amount of
such dues ; but the lumber of any of the provinces other than New
Brunswick shall not be subject to such dues.

I25‘ No lands or property belonging‘ to Canada or any province
shall be liable to taxation.

126. Such portions of the duties and revenues over which the
respective legislatures of Canada, Nova Scotia and New Bruns-
wick had before the union power of appropriation as are by this act
reserved to the respective governments or legislatures of the pro-
vinces, and all duties and revenues raised by them in accordance
with the special powers conferred upon them by this act, shall in
each province form one consolidated revenue fund to be appropri-
ated for the public service of the province.

lX.—MISCELLANEOUS PROVISIONS.

General.

127. If any person being, at the passing of this act, 2|. member of
the legislative council of Canada, Nova Scotia or New Brunswick.
to whom a place in the senate is offered, does not within thirty
days thereafter, by writing under his hand, addressed to the
governor-general of the province of Canada or to the lieutenant-
governor of Nova Scotia or New Brunswick (as the case may be),
accept the same, he shall be deemed to have declined the same;
and any person who, being at the passing of this act a member of
the legislative council of Nova Scotia or New Brunswick, accepts a
place the senate, shall thereby vacate his seat in such legislative
COU1]Cl .

313 APPENDIX.

I28. Every member of the senate or house of commons of Canada
shall, before taking his seat therein, take and subscribe before the
governor-»genera1 or some person authorized by him, and every
member of a legislative council or legislative assembly of any
province shall, before taking his seat therein, take and subscribe
before the lieutenant-governor of the province, or some person
authorized by him,t_he oath of allegiance contained in the ﬁfth
schedule to this act; and every member of the senate of Canada
and every member of the legislative council of Quebec shall also,
before taking‘ his seat therein, take and subset-il)e before the
governor-general, or seine person authorized by him, the declaration
of qualiﬁcation contained in the same schcclule.

I29. Except as otherwise provided by this act, all laws in force
in Canada, Nova Scotia or New Br-unsivick at the union, and all
courts of civil and criminal jurisdiction, and all legal commissions,
powers and authorities, and all ofﬁcers, judicial, administrative and
ministerial, existing therein at the union, shall continue, in Ontario,
Quebec, Nova Scotia and New Brunswiclc, respectively, as if the
union had not been made; subject, nevertheless (except with re-
spect to such as are enacted by or exist under acts ofthe parliament
of Great Britain, or of the parliament of the united kingdom of
Great Britain and Ireland), to be repealed, abolished or altered by
the parliament of Canada, or by the legislature of the respective
province, according to the authority of the parliament or of that
legislature under this act.

I30. Until the parliament of Canada otherwise provides, all
ofﬁcers of the several provinces having duties to discharge in
relation to matters other than those coming within the classes of
subjects by this act assigned exclusively to the legislatures of the
provinces, shall be officers of Canada, and shall continue to dis~
charge the duties of their respective offices under the same liabili-
ties, rcsponsibilities and penalties, as if the union had not been
made.

131. Until the parliament of Canada otherwise provides, the
governor-general in council may from time to time appoint such
officers as the governor-general in council deems necessary or
proper for the effectual execution of this act.

I315. The parliament and government of Canada shall have all
powers necessary or proper for performing the obligations of
Canada, or of any province thereof, as part of the British empire,
towards foreign countries. arising under treaties between the
empire and such foreign countries.

I33. Either the English or the French language may be used
by any person in the debates of the houses of the parliament of
Canada and of the houses of the legislature of Quebec ; and both
those languages shall be used in the respective records and

THE BRIT1él-I NORTH AMERICA ACT. 319 ‘

-journals of those houses; and either of those languages may he
used by any person or in any pleading or process in or issuing
{rain any court of Canada established under this act, and in or
from all or any ofthe courts of Quebec.

The acts of the parliament of Canada and of the legislature of
Quebec shall be printed and published in both those languages.

Orzlaria mm’ Qzzeérc.

I34. Until the legislature of Ontario or of Quebec otherwise pro-
vides, the Iicutenant-govei‘noi’s of Ontario and Quebec may each
appoint, under the great seal of the province, the following‘ officers,
to hold office during pleasure, that is to say: the attorney-general,
the secretary and registrar of the province, the fl’€d.SlX1’61’ of the
province, the commissioner of crown lands, and the commissioner
of ‘ riculture and public works, and, in the case of Quebec, the
solicitor-general ; and may by order of the lieutenant-governor in
council from time to time prescribe the duties of those officers, and
of the several departments over which they shall preside or to
which they shall belong, and of the officers and Clerks thereof, and
may also appoint other and additional officers to hold office during
pleasure, and may from time to time prescribe the duties of those
officers, and of the several departments over which they shall pre-
side or to which they shall belong, and of the officers and clerks
thereof.

135. Until the legislature of Ontario or Quebec otherwise pro-
vides, all rights, powers, duties, functions, respoiisibilities or
authorities at the passing of this act vested in or imposed on the
attorney-general, solicitor-general, secretary and registrar of the
province of Canada, minister of ﬁnance, coininissioner of crown
lands, commissioner of public works and minister of agriculture
and receiver general, by any law, statute or ordinance of Upper
Czmada, Lower Canada or Canada, and not repugnant to this act,
shall be vested in or imposed on any officer to be appointed by
the lieutenarit-governor for the discharge of the same or any of
them; and the eolnmissioner of agriculture zmtl public works shall

perform the duties and functions of the oﬂﬁce of minister of’

agriculture at the passing of this act imposed by the law of the
‘province of Canada as well as those of the commissioner of public
works.

I36. Until altered by the lieutenant~governor in council, the
great seals of Ontario and Quebec respectively shall be the same,
or of the same design, as those used in the provinces of Upper
Canada and Lower Canada respectively before their union as the
province of Canada.

137. The words “and from thence to the end of the then next
ensuing session of the legislature,” or words to the same eﬁect used

320 APPENDIX.

in any temporary act of the province of Canada not expired before
the union, shall be construed to extend and apply to the next
session of the parliament of Canada, if the subject matter of the
act is within the powers of the same as deﬁned by this act, or to
the next sessions of the legislatures of Ontario and Quebec, respec-
tively, if the subject matter of the act is within the powers of the
same as defined by this act.

138. From and after the union the use of the words “Upper
Canada” instead of “Ontario,” or “Lower Canada” instead of
Quebec,” in any deed, writ, process, pleading, document, matter or
thing, shall not invalidate the same.

:39. Any proclamation under the great seal of the province of
Canada, issued before the union, to take effect at a time which is
subsequent to the union, whether relating to that province, or to
Upper Canada, or to Lower Canada, and the several matters and
things therein proclaimed, shall be and continue of like force and
effect as if the union had not been made.

140. Any proclamation which is authorized by any act of the
legislature of the province of Canada to be issued under the great
seal of the province of Canada, whether relating to that province or
to Upper Canada or to Lower Canada, and which is not issued
before the union, may be issued by the lieutenanbgovernor of
Ontario or of Quebec, as its subject matter requires, under the
great seal thereof, and from and after the issue of such proclama-
tion the same and the several matters and things therein proclaimed
shall bc‘and continue of the like force and effect in Ontario or
Quebec as ifthe union had not been made.

141. The penitentiary of the province of Canada shall, until the
parliament of Czmarla otlierwise provides, be and continue the
penitentiary of Ontario and of Quebec.

142. The (U ‘sion and adjustment of the debts, credits, liabilities,
properties and a sets of Upper Canada and Lower Canada shall be
referred to the arbitrament of three arbitrators, one chosen by the
government of Ontario, one by the government of Quebec and one
by the government of Canada ; and the selection of the arbitrators
shall not be made until the parliament of Canada and the
legislatures of Ontario and Quebec have met; and the arbitrator
chosen by the government of Canada shall not be a resident either
in Ontario or in Quebec.

I43. The governohgencral in council may from time to time
order that such and so many of the records, books and documents
of the province of Canada as he thinks ﬁt shall be appropriated
and delivered either to Ontario or to Quebec, and the same shall
thenceforth be the property of that province; and any copy thereof

THE BRITISH NORTH AMERICA ACT. 321

or extract therefrom, duly certified by the oﬁicer having charge of
the original thereof, shall be admitted as evidence.

144. The lieutenant-governor of Quebec may from time to time,
by proclamation under the great seal of the province, to take eﬁ”ect
from a day to be appointed therein, constitute townships in those
parts of the province of Quebec in which townships are not then
already constituted, and ﬁx the metes and bounds thereof.

X.-—~IN’1‘ERCO LON IAL RAILWAY.

I45. Inasmuch as the provinces of Canada, Nova Scotia and
New Brunswick have joined in a declaration that the construction
of the Intercolonial railway is essential to the consolidation of the
union of British North America, and to the assent thereto of Nova
Scotia and New Brunswick, and have consequently agreed that
provision should be made for its immediate construction by the
government of Canada: therefore, in order to give effect to that
agreement, it shall be the duty of the government and parliament
of Canada to provide for the commencement, within six months
after the union, of a railway connecting the river St. Lawrence with
the city of Halifax in Nova Scotia, and for the construction thereof
without intermission, and the completion thereof with all practi-
cable speed.

XI.—ADMlSSION OF OTHER COLONIES.

146. It shall be lawful for the queen, by and with the advice of
her majesty’s most honourable privy council, on addresses from the
houses of the parliament of Canada. and from the houses of the
respective legislatures of the colonies or provinces of Newfoundland,
Prince Edward Island and British Columbia, to admit those
colonies or provinces, or any of them, into the union, and on
address from the houses of the parliament of Canada to admit
Rupert’s Land and the Nortlmvestern territory, or either of them,
into the union, on such terms and conditions in each case as are in
the addresses expressed and as the queen thinks ﬁt to approve,
subject to the provisions of this act; and the provisions of any
order in council in that behalf shall have effect as if they had been
enacted by the parliament of the united kingdom of Great Britain
and Ireland.

147. In case of the admission of Newfoundland and Prince
Edward Island, or either of them, each shall be entitled to a repre-
sentation in the senate of Canada of four members, and (notwith-
standing anything in this act), in case of the admission of New-
foundland, the normal numher of senators shall be seventy-six and
their maximum number shall be eighty-two ; but Prince Edward
Island, when admitted, shall be deemed to be comprised in the

322 APPENDIX.

third of the three divisions into which Canada is, in relation to the
constitution of the senate, divided by this act, and accordingly,
after the admission of Prince Edward Island, whether Newfound-
land is admitted or not, the representation of Nova Scotia and
New Brunswick in the senate shall, as vacancies occur, he reduced
from twelve to ten members respectively, and the representation of
each of those provinces shall not be increased at any time beyond
ten, except under the provisions of this act, for the appointment of
three or six additional senators under the direction of the queen.

SCHEDULES.

THE FIRST SCHEDULE.
Electoral Dislritls af Oumrzb.

EXIS’l‘L\G ELECTORAL DIVISIONS.

COUNTIES.
(6) Carleton.

(7) Prince Edward.
(8) Halton.

(9) Essex.

(1) Prescott.
(2) Glengarry.
(3) Stormont.
(4) Dundas.
(5) Russell.

RIDINGS OF COUNTIES.

([0) North Riding of Larmrk
(II) South Riding of Lanark.
([2) North Riding of Leeds arm North Riding of Grenville.
(13) South Riding of Leeds.
(14) South Riding of Grenville.
(15) East Riding ofNorthumbcr1and.
(I6) \Vest Riding of Northumberland (excepting therefrom the township
of South Monxzghan).
(17) East Riding of Durham.
(18) \Vest Riding ofDurha.m.
(19) North Riding of Ontario.

THE BRITISH NORTH AMERICA ACT‘ 323

(20) South Riding of Ontario.
(21) East Riding of York.

(22) West Riding of York.

(23) North Riding of Yoilc.

(24) North Riding of Wentwortn.
(25) South Riding of Wentwortn.
(26) East Riding of Elgin.
(27) West Riding of Elgin.
(28) North Riding of Waterloo.
(29) South Riding of Waterloo.
(30) North Riding of Brant.

(31) South Riding o[Bi’unt.

32) North Riding of Oxford.
(33) South Riding of Oxford.
(34) East Riding of Middlesex.

CITIES, PARTS OF CITIES AND TOWNS.

(3 5) West Toronto.

(36) East Toronto.

(37) Hamilton.

(38) Ottawa.

(39) Kingston. ~

(40) London.

(41) Town of Brockville, with the township of Elizahethtown thereto
attached.

(42) Town of Niagara, with the township of Niagara thereto attached.

(4.3) Town of Cornwall, with the township of Cornwall thereto attached.

New ELECTORAL DIVISIONS.

(44) The provisional judicial district of Algoiria.

The county of Bruce, divided into two zidings, to be called respectively

the north and south ridings :—

(4.5) The north riding of Bruce to consist of the townships of Bury,
Lindsay, Eastnor, Alhemarle, Ainahle, Arron, Bruce, Eltlerslie
and Snugeen, and the village of Southampton.

(46) The south riding of Bruce to consist of the townships of Kiriczirdine
(including the village of Kincardine), Greenock, Brant, Huron,
Kinloss, Ciilross and Cariiclt.

324 APPENDIX.

The county of Huron, divided into two ridings, to be called respectively

the north and south ridings :—

(47) The north riding to consist of the townships of Ashﬁeld,
Wmvmiosh, ’l‘urnhcrry, Howick, Morris, Grey, Colborne, Hullett
(including the village of Clinton), and McKillop.

(48) The south riding to consist of the town of Gozlcrich, and the to\vn~
ships of Godericlz, Tuckez-smith, Stanley, Hay, Usborne and
Stephen.

The county of Middlesex, divided into three rldings, to be called respec-

tively the north, west and east ridings :-—-

(49) The north riding to consist of the townships of McGillivray and
Bicldulph (taken from the county of Huron), and Williams East,
Williams VVcst‘, Adelaide and Lobo.

( 50) The west riding to consist of the townships of Delauvnre, Czmzxdoc,
Metcalfe, Moss; and E.l(fl’l(l, and the village of Stratln-oy.

[The cast riding to consist of the townships now embraced therein, and
be bounded as it is at present].

(51) The county of Lamhton to consist of the townships of Bosanquct,
Warwick, Plympton, Sarnia, Moore, Ennislcillen and Brooke,
and the town of Sarnia. ,

(52) The county of Kent to consist of the townships of Clmthzxm, Dover,
East Tilbury, Romney, Raleigh and Hzu-wieh, and the town of
Clmiham.

(53) The county of Botinrell to consist of the townships of Sombra,
Dawn and Euphemia (taken from the county of Lmnliton), and
the townships of Zone, Camden with the gore thereof, Oxford and
Hmvard (taken from the county of Kent).

The county of Grey, divided into two rldings, to be called respectively
the south and north ridings :-
(54) The south riding to consist of the townships of Bcntinclc, Glenelg,
Artemesia, Osprey, Normanhy, Egremont, Proton and ]\Ielnncthonr
(55) The north ridiixg to consist of the townships of Collingwood,
Euplirrrsia, Holland, St. Vincent, Sydenham, Sullivan, Derby
and Keppel, Samwal: and Brooke, and the town of Owen Sound.

The county of Perth, divided into two tidings, to be called respectively
the south and north ridings :—

\56) The north riding to consist of the townships of Wzillace, Elma,
Logan, Ellice, Morninglon and Noi’tl1 Egsthope, and the town of
Stratford.

{57) The south riding to consist of the townships of Blzxnchard, Downie,

South Easthope, Fullerton, Hibbert, and the villages of Mitchell ‘

and Ste. Marys.

THE JBRITISH NORTH AMERICA ACT. 325

The county of Wellington, divided into three ridings, to be called respec-
tively north, south and centre ridings :—

(58) The north riding to consist of the townships of Amaranth, Arthur,
Luther, Minto, Maryborongh, Peel, and the village of Mount
Forest.

(59) The centre riding to consist of the townships of Garafmxa, Erin,
Eramosa, Nichol and Pilkington, and the villages of l“ergt.s and
Elem.

(60) The south riding to consist of the town of Guelph and the town-
ships of Guelph and Puslinclh

The county of Norfolk, divided into two ridings, to be called respectively

the south and north tidings :—

(6t) The south riding to consist of the townships of Charlotteville,
I‘Ioughton, Walsiugham and Woodhousc, and with the gore
thereof.

(62) The north riding to consist of the townships of Middleton, Towns-
end and \Vindlm.n1, nnd the town of Simcoe.

(63) The county of Hultlinizmd to consist of the townships of Oneida,
Seneca, Cayuga North, Cayuga South, Rainham, VValpole and
Dunn.

(64) The county of Monck to consist of the townships of Canborough
and Moulton, and Sherbrooke, and the village of Dunnville
(taken from the county-of Haldimand), the townships of Caister
and Gainsborough (taken from the county of Lincoln), and the
townships of Pelham and Wainﬂect (taken from the county of
\Vclland).

(65) The county of Lincoln to consist of the townshi>s of Clinton,
Grantham, Grimshy and Louth, and the town of t. Cntharincs.

(66) The county of \VclInn lzuxcl, Hulnbcrstone, Stamford, Thorold and Willoughby, and the
villages of Chippewa, Clifton, Fort Erie, Thorold and Vlelland.

(67) The county of Peel to consist of the to\vnship_s of Chinguacousy,
Toronto and the Gore of Toronto, and the villages of Brampton
and Strcetsville.

(68) The county of Cardwell to consist of the townships of Albion and
Caledon (taken from the county of Peel), and the townships of
Adjals. and Mono (taken from the county olisimcoc).

The county of Simcoe, divided into two ridings, to be called respcctilely
the south and north ridings :~

(69) The south riding to consist of the townships of West Gxvillimbmy,
Tecui-nscth, Innisﬁl, Essu, Tossorontio, Mulmur, and the village
of Bradfotzl.

(70) The north riding to consist of the townships of Nottawasaga,
Sunnidztle, Vespra, F105, Oro, Medonte, Orillin. and Malchedasl),
Tiny and Toy, Bzilaklava and Robinson, and the towns of Barrie
and Collingwood.

325 APPENDIX.

The county of Victoria, divided into two ridings, to he called respec-
tively lhe south and north riding: :—

(7!) The south riding to consist of the townships of Ops, Mariposzt,
Emily, Verulam, and the town of Lindsay. ‘

(72) The north riding to consist of the townships of Anson, Bexley,
Curden, Dalton, Dighy, Eldon, Fenelon, Uintlon, Laxton,
Lutterworth, Macaulay and Draper, Sommerville and Morrison,
Mnslcoka, Monck and Vi/att (taken from the county of Simcoe),
and any other surveyed townships lying to the north of the said
north riding.

The county of Peterlzorough, divided into two ridings, to be called re-

spectively the west and east ritlings :-

(73) The west riding to consist of the townships of South Monaghrtn
(taken from the county of Northumherlautl), North Monaghan,
Smith and Ennismore, and the town of Peterborough.

(74) The east riding to consist of the townships of Asphotlel, Belmont
and Methuen, Douro, Dummer, (}al\v:Ly, Harvey, Minden, Stan-
hope and Dysart, Otonabee and Snowden, and the village of
Ashburnham, and any other surveyed townships lying to the
north of the said east riding.

The county of Hastings, divided into three tidings, to be called respec~
tively the west, east and north tidings :-—

(75) The west riding to consist of the town of Bcllevillc, the township
of Sydney, and the village of Trenton.

(76) The east riding to consist of the townships of Thurlow, Tyendinngzt
and Hungerfotd.

(77) The north riding to consist of the townships of Rawdon, Hunting-
don, Madoc, Elzevir, Tudor, Marmara and Luke, and the village
of Stirling, and any other surveyed townships lying to the north of
the said north riding.

(78) The county of Lennox to consist of the townships of Richmond,
Adolphustown, North Fredcricksburgh, South F re(lcricl<sl)urgh, Ernest Town and Amherst Island, and the village of Napanee. (79) The county of Addington to consist of the townships of Camden, Portland, Sheilield, Hincliinbrooke, Knladar, Kennehec, Olden, Oso, Anglesezz, Barrie, Clarendon, Palmerston, Ellinglyam, Abid- ger, Miller, Cztnonto, Denbigh, Loughborough and Bedford. /80) The county of Frontenac to consist of the townships of Kingston, Wolfe Island, Pittsburgh and Howe Island, and Storrington. The county of Renfrew, divided into two tidings, to be called respec- tively the south and north ridings :-—- (SI) The south riding to consist of the townships of McNnl:, Bagot, Blithﬁeld, Brougham, Horton, Admaston, Grattan, Matawatclmn, Grihitli, Lynedooh, Raglan, Radcliffe, Brudenell, Sebastnpol, and the villages of Amprior and Renfrew. THE BRITISH NORTH AMERICA ACT. 327 (82) The north riding to consist of the townships of Ross, Bromley, Westmcath, Stallorrl, Pembroke, Vvilbcrforce, Alice, Petawawa, Btlclianmi, South Algona, North Algona, Fraser, McKay, Wylie, Rolph, Head, Maria, Clara, Haggcrty, Sherwood, Burns and Richards, and any other surveyed townships lying northwesterly of the said north riding. Every town and incorporated village existing at the union. not specially mentioned in the schedule, is to be taken as part of the county or riding within which it is locally situate . THE SECOND SCHEDULE. Electoral ])z’.rlrz‘:/x ty’ Quebzz .S}m’zz/’/y Fixed. COUNTIES OF—- Pontiac. Shefiorrl. Ottmva. Stanstead. Argenteui 1. Compton. Huntingdon. Wolfe and Richmond. Missisquoi. Megantic. Brome. Town of Sherbrooke. TI-IE ‘.l‘I-IIRD SCHEDULE. Pmw‘mz’al Fzcblic 7’V01’/ex and l’ra/wrly I0 5» 1/29 Properzgx of Canada. (I) Canals \V.iti1]t\lI(]S and water power connected therewith. (2) Public lmrbours. (3) Lighthouses and piers, and Sable Island. (4.) Steamboats, dredgcs, and public vessels. (5) Rivers and lake improvements. (6) Railways and railway stocks, mortgages, and other debts due by mihvay 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 legislatures and governments. (9) Property transferred by the imperial government, and known as ordnance property. (Io) Armouries, drill sheds, -military clothing and munitions of war, and lands set apart for general public purposes. 21 328 APPENDIX. THE FOURTH SCHEDULE. Anti: to be 1/1: Progeny qf O/Ilzzrio and Quaint :o:zjoz‘¢zt/’y. Upper Canada building fund. Lunatic asylums. Normal school. Court houses in ﬁlélxlnzfggl. Lower Canada. Kamouraska. Law society, Upper Canada. Montreal turnpike trust. University permanent fund. Royal institution. Consolidated municipal loan fund, Upper Canada. Consolidated municipal loan fund, Lower Canada. Agricultural society, Upper Canada. Lower Canada legislative grant. Quebec ﬁre loan. Temiscouata advance account. Quebec turnpike trust. Educatiori, east. Building and jury fund, Lower Canada. Municipalities fund. Lower Canada superior education income fund. THE FIFTH SCHED ULE. OATH OF ALLEGIANCE. I, A. 3., do swear, that I will be faithful and ‘bear true allegiance to hex majesty Queen Victoria. N(>’rR——7‘ﬁ: 714111: of M: king 47% queen of tire 1mzY:zz’ /Eiug2’a:n 1;)‘ Great Brifain (uni
Irzlarzdﬁr the rim: hingi: to 5: rwixmuirdfrirzz time to imm, wt:/L pppgr mm of
vzfnzmz Marin.

DECLARATION on QUALII-‘ICATION.

I, A. 3., do declare and testify, that I am by law duly qualiﬁed to be

appointed a member of the senate of Canada [or a: tile care may M], and

that I am legally or equitably seiscd as of freehold for my cum use and
beneﬁt of lands or tenements held in free and common socage [or seised or

THE BRITISH NORTH AMERICA ACT. 329

possessed for my own use and benefit of lands or tenements held in franc-
alleu or in roture (rt: rim care may M], in the province of Nova Scotia [eras
1/M rare may dz] of the value of four thousand dollars over or above all rents,
dues, debts, mortgages, charges and encumbrances, due and payable out
of or chargerl on or affecting the same, and that I have not collusively or
colourably obtained :1 title to or become possessed of the said lands and
tenements or any part thereof for the purpose of enabling me to become a
member of the senate of Cun:1da[ur at Ma case may be], and that my real
and personal property are together worth four thousand dollars over and
above my debts and liabilities.

THE BRITISH NORTH AMERICA ACT, 1371.
[Assented to by the Queen on the 29th June, 187:.

An Act rm_z§m‘z‘7zg the estaﬂzkﬁmem‘ of Provzbzws 2’2: i/M Domz’m’a7z
of Czma/1’4.

WHEREAS doubts have been entertained respecting the powers
of the parliament of Canada to establish p1’0VlnC_eS in territories
admitted, or which may hereafter be admitted into the Dominion of
Canada, and to provide for the representation of such provinces in
the said parliament, and it is expedient to remove such doubts, and
to vest such powers in the said parliament :

Be it enacted by the qucen’s most excellent majesty, by and with
the advice and consent of the lords spiritual and temporal, and
commons, in this present parliament assembled, and by the
authority of the same, as follows :-

1. This act may be cited for all purposes as “The British North
America Act, 1871.”

2. The parliament of Canada. may from time to time establish
new provinces in any territories farming for the time being jaztrt of
the Dominion of Czuiada, but not included in any province thereof,
and inay at the time of such establishment, make provision for the
constitution and administration of any such province, and for the
passing of laws for the peace, order, and good government of such
province, and for its representation in the said parliament.

3. The parliament of Canada may from time to time, with the
consent of the legislature of any province of the said Dominion,
increase, diminish or otherwise alter the limits of such province,
upon such terms and conditions as may be agreed to by the said
legislature, and may, with the like consent, make provision respect-
ing the effect and operation of any such increase or diminution or
alteration of territory in relation to any province affected thereby.

3 30 APPENDIX.

4. The parliainent of Canada may from time to time make
provision for the administration, peace, order and good government
of any territory not for the time being included in any province.

5. The following acts passed by the said parliament of Canada,
and intituled respectively : “ An act for the temporary government
of Ruperﬂs Land and the Northwestern Territory when unitedwvitli
Canada,” and “An act to amend and continue the act thirty~two and
thirty-three Victoria, chapter three, and to establish and provide
for the government of the province of Manitoba,” shall be and be
deemed to have been valid and effectual for all purposes whatso»
ever from the date at which they respectively received the assent,
in the queen’s name, of the governor-general of the said Dominion
of Canada.

6. Except as provided by the third section of this act, it shall not
be competent for the parliament of Canada to alter the provisions
of the last mentioned act of the said parliament, in so far as it
relates to the province of Manitoba, or of any other act liereafter
establishing new provinces in the said Dominion, subject always to
the right of the legislature of the province of Manitoba to alter from
time to time the provisions of any law respecting the qualiﬁcation
of electors and members of the legislative assembly, and to make
laws respecting elections in the said province.

THE PARLIAMENT OF CANADA ACT, I875.
[Assented to by the Queen on the Igth July, I875.

An Ad In 7’e»z;/1/e cerlzziiz (loud/3 will; ragﬁerl Io ﬂue jﬁorz/arr 4/” 1712
Ptz7’Zz’a7/M21! (f C/wzzzla mzzlar 325/2222; cz:g7’2z‘¢>m of 1/12 Brz‘2’z’s/z
Nari/2 A1/1372211 An‘, 1867.

WHEREAS by section eighteen of the British North America Act,
1867, it is provided as follows 2

“The privileges, immunities and powers to be held, enjoyed and
exercised by the senate and by the house of commons, and by the
members thereof respectively, shall be such as are from time to
time deﬁned by act of parliament of Canada, but so that the same
shall never exceed those at the passing of this act, held, enjoyed
and exercised by the commons house of parliament of the united
kingdom of Great Britain and Ireland and by the members
thereof.”

And whereas doubts have arisen with regard to the power of
deﬁning by an act of the parliament of Canada, in pursuance of the

THE BRITISH- NORTH AMERICA ACT. 331

said section, the said privileges, powers, or immunities; and it is
expedient to remove such doubts:

Be it therefore enacted by the queen’s most excellent majesty, by
and with the advice and consent of the lords spiritual and temporal,
and commons, in this present parliament assembled, and by the
authority of the same, as follows :—

1. Section eighteen of the British North America Act, 1867, is
hereby repealed without prejudice to anything done under that
section, and the following section shall be substituted for the section
so repealed:

The privileges, immunities and powers to be held, enjoyed and
exercised by the senate and by the house of commons, and by the
members thereof, respectively, shall be such as are from time to
time deﬁned by act of the parliament of Canada, but so that any
act of the parliament of Canada deﬁning such privileges, immunities
and powers shall not confer any privileges, immunities or powers
exceeding those at the passing of such act, held, enjoyed and
exercised by the commons house of parliament of the united
kingdom of Great Britain and Ireland and by the members thereof.

2. The act of the parliament of Canada passed in the thirty—ﬁrst
year of the reign of her present majesty, chapter twenty-four,
intituled “An act to provide for oaths to witnesses being adminis-
tered in certain cases for the purposes of either house of parliament,”
shall be deemed to be valid, and to have been valid as from the
date at which the royal assent was given thereto by the governor-
general of the Dominion of Canada.

83. ;1″his act may be cited as “The Parliament of Canada Act,
1 75.

THE BRITISH NORTH AMERICA ACT, 1886.
[Assented to by the Queen on the 25th June, 1886.

An A52‘ resjiet/z’7zg I/ze reﬂresmiaz/1’1»; in 2722 1’ar/zlzmezzz‘ of Czznatla

of T2rrilz7rz’e.c vzr//122}; for 1/19 mm: &sz’72gfor2;2 fan‘ of 2’/ze Da-
mz’m‘o7z of Camultz, 5112‘ are mt z‘m/uziee’ in any Prm/23252.

WHEREAS it is cxpcdient to empower the parliament of Canada
to provide for the representation in the senate and house of
commons of Canada, or either of them, of any territory which for
the time being forms part of the Dominion of Canada, but is not
included in any province :

3 3 2 APPENDIX.

Be it therefore enacted by the queen’s most excellent majesty,
by and with the advice and Consent of the lords spiritual and
temporal, and commons, in this present parliament assembled, and
by the authority of the same, as follows :~— 1

1. The parliament of Canada may, from time to time, make
provisions for the representation in the senate and house of com-
mons of Canada, or in either of them, of any territories which for
the time being‘ form part of the Dominion of Canada, but are not
included in any province thereof.

2. Any act passed by the parliament of Canada before the passing
of this act for the purpose mentioned in this act shall, if not dis-
allowed by the queen, be, and shall be deemed to have been, valid
and etfectual from the date at which it received the assent, in her
majesty’s name, of the governor-general of Canada.

It is hereby declared that any act passed by the parliament of
Canada, whether before or after the passing‘ of this act, for the
purpose mentioned in this act, or in the British North America Act,
1871, has effect, notwithstancling anything in the British North
America Act, K867, and the number of senators or the number of
members of the house of commons speciﬁed in the last-mentioned
act is increased by the number of senators or of members, as the
case may be, provided by any such act of the parliament of Canada,
for the representation of any provinces or territories of Canada.

3. This act may be cited as the British North America Act, 1886.

This act and the British North America Act, 1867, and the
British North America Act, 1871, shall be construed together, and
may8§>6e cited together as the British North America Acts, 1867
to 1 .

ANALYTICAL INDEX;

[333]

ANALYTICAL INDEX.

[T /It’ Mfevwzzrcs in all mszr, except the 87’1″/2′:/l /V07’!/L A1/wrim All of 1367,
are in pagm]

ACADIE; meaning of, 27; formerly comprised Nova Scolia, New Bruns—
wick, and part of Maine, 2%.

Act of Settlement; ﬁxed the succession to the throne of England, 4.6.

Adjournment: ofclebale; rules relating to, III.

Adjournment of Ilouse; rules relating Io, III.

Adjnlnnl:-geneml of militia; his position, 141.

Administration ; deﬁnition of, 6.

Admiralty court ofCana<l:1,’ liow constituted, 13!.

Advocale; profession oﬂ I95.

Alberta; province of, established 1905; executive council, 152; frmichisc,
I61 ; arms, I54; courts, :83; municipal divisions, 226 ; its schools,
266.

Alderman; origin of name of, 231 ; elected in certain municipal divisions,
223-226.

Amendments ; ll0\\‘ proposed in parliament, 110-113.

Appeals; in criminal cases, 207.

Arms of (he dominion, 8889,

Arms of the provinces, X49.

Assessment rolls ; courts for revision of, 236-238.

Assessors ofxnunicipalilies, 237.

Assizc; court of, I97. .

Attorney; profession of, I95.

Attorney-general ; _iu (lie provinces, 148, X51452.

Auditors ofcuuncils, 230.

Autographs; of Climnplain, :3; of gov6x’n0r-;‘;encml Murray, 15 3 of
Lord Durham, 23; of governors-general from 1367-1895, 75; of
signers of Quebec fezlei-al resolutions of x864, 37-38 ; of Queen
Victoria, 60; E(l\\’Il.l<.i VII, 61‘

[333]

336

ANALYTICAL INDEX.

BAIL in criminal cases, x90.

Ballot at dominion elections; form of, 103.

Ballot at provincial elections, I57.

Bibliographical notes 3 on Canadian constitutional history, 42; on English

constitutional and parliamentary government, 68; on dominion
government, I41-I42 ; on provincial government, 216 ; on municipal
government, 240 ; on school government, 264.

Barrister; profession of, 105.

“ Be
Bills

tter Terms” to provinces ; :1 sequence of confederatslon, 212.
; public and private, xx5~! 16.

Bill of Rights ; what it aﬁirmed, 58-59.

Bish

op’s palace at Quebec ; first parliament of Lower Canada met in, 18 ;
illustration of, 1’6.
op ; in French Canada, 14..

Blue ensign of Canazla ; when usezl, 90-53:.

B riti

British North America Act of 1867 ; when passed, 33.

sh Columbia; province of, its early history, 38; its constitutional
history, z’b.,- enters the Dominion, 271.; its executive council, I51 ;
its legislature, I55, 159; its franchise, 160; its arms, 154; its
courts, 183, 191 5 its municipal divisions, 223; its schools, 263.

(For text in full
see appendix to this work ; following ﬁgures refer to rerlziozzs of the
Act) :

Prelz’mz’nmy, r-2 ; union, 3~S ; executive power, 9-I6.

Cartslitzztiazz 17f Par/211:/tent, I7-20 ; of the senate, 21-36; of the house
ofccmmons, 37~52 ; money votes, 53-54,; royal assent and dis-
allowance and reservation of bills, 55-57.

Prov/iizcfrzlram/ilntiazzr: executive power, 58-68; legislative power in
Ontario, 69-70; in Quebec, 7!-80; legislatures of Ontario and

Quebec, summoned, continuance of election lzv.\\’s, etc., 81-87 ; _

constitutions of Nova Scotia. and I\’c\v Brunswick, 88; first
elections in provinces, 89; application to legislatures of pro-
visions respecting moncy votes, etc. , 90.

17z‘:z’ri&11[ian zy“ I232″:/alive _1§ou’:r:: of parliament, 9r; of provincial
legislatures, 92 ; education, 93 ; uniformity of laws in Ontario,
Nova. Scotia. and New Brunswick, 94; agriculture and immi-
gration, 95; judicature, 96-ml.

1t’memr:5, a/’.»2M.r, IISSIIS, laxzz/z’wz, 102-I26.

ANALYTICAL INDEX. 337

Illzlrallzzzztozlx gﬁrowzlriozzs: as to legislative councillors of provinces
becoming senators, :27 3 oath of allegiance, liow administered,
I28; continuance of existing laws, courts, otﬁcers, etc., 129;
transfcrof officers to Canada, 130 ; appointment of new oiliccrs,
13x; treaty obligations, 132,- use of English and French lan~
guages, I 33 ; appointment of executive officers for Ontario and
Quebec, I34; powers and duties of executive officers, 135,-
great seals, I36; construction of temporary acts, 137; as to
errors in names, 138 ,- as to issue of proclamations before union,
to commence after union, I39; as to issue of proclamations
after nnion, 14o; penitentiary, 141 ; arbitration respecting
debts, 142; division of records, 14.3 : constitution of townships
in Quebec, I44; intercolonial railway, I45; admission ofother
colonies, 146-:47.

.5‘:/zm’1¢/2:: I, Fdectoral districts of Ontario; II. Electoral districts of
Quebec; III. Provincial public works and property to lie the
property of Canada; IV. Assets to be the property of Ontario
and Quebec conjointly ; V. Oath of allegiance and declaration
of qualiﬁcation.

/1413 2’12 am:/u2’mc:zt //M2-my’: 1. An act respecting the establishment of
provinces in the dominion of Canada; 2. An act to remove
certain doubts with respect to the powers of the parliament of
Canada under section 18 of the B. N. A. Act of 1867; 3. An
act respecting the representation in the parliament of Canada of
territories which, for the time being, form part of the dominion
of Canada, but are not int:lu

Budget; its meaning in parliament, I19-I20.

Bylmvs; meaning of, 233-240; of muni pal divisions, 222; for aid to
railways, and public works in municipalities, 238,- must be under
seal of corporation, and signed by proper oiﬁcers, 234.

C/inttu«:’i’, its 0 ‘ n and development, 4954.

Cabot, john ; discoverer of Nova Scotia, Cape Breton, and Ne\vt’ound-
land, 27-31.

Canada ; meaning of, lo, 710!!! see do//tiniou q’ Camzdzz.

Canadian rights ofselﬂgoveriiinexit, 66-67

Cape Breton; island of, also l<n0\vn as Isle Rayale, 29; its constitutional history, 1’5, Cartier, jacques ; Discoverer of Canada, 13. Challenge oljinyinen ; in a criminal case, 205. 338 ANALYTICAL INDEX. Champlain, Samuel; founder of Quebec, 13; his antograpli, 2‘/I. Chancellor of England; lord high, origin of office, 88; custodian of great seal, 2’0. Circuit court in Quebec, 180. Citizens; remarks on duties and responsibilities, 287-292. City; its municipal government, 222-225. City solicitor or attorney or recorder, 230-23x. Civil law of French Cmiada, r73-I74. Civil service; division of, 84; retirement fund, 85; appointments to, 83. Clergy reserves; aquestion ofnionicnt in Canada, 22; settled, 25. Collectors of taxes in municipalities, 231, Collegiate institutes; in Ontario, 24.7. Cominissitiners of crown lantls in the provinces, 143, 151-152. Committees ofparliament ; ofsupply, 118 ; select, 121‘. ‘Common law; in Canada, 174-175. Commons; house of, derivation of name of, 8; in Canada, 95-98; Cana- diau francliise for, 99-10: ; elections to, ior-1o5; ballot for, io3. Common pleas; court of, its origin, 197-198; in Canada, 183. Constitutional Act of 1791, 20. Constitution and organization of provincial courts, 165466. Controller of customs, Sr Controller of inland revenue, 81. Coutroverterl elections; trial of, I87. Coroner; office cﬂ its origin, I93 ; duties of, X93-194. Corporatioii ofn. ininiicipztlity ; its legal powers and designation, 226. Corrupt practices; at dominion elections, I07 ,- at provincial elections, [57 ; zit municipal elections, 228-229. Cost of dominion government, 134-r35. Council; supreme or superior, in French Canada, 14. Councillors in municipalities, X22. County; a municipal division, 222 ; itsorigin, 239; head of eouncilof, 222. County courts in Canada, 179, 181, 182. 183. Courts ofappealin the provinces, I79, 18x, I82, 183, 134. Court ofassizc; its origin and meaning, x97»I9S. Courts for collection ofsmall debts in Canada, 178179. Court ofcommon pleas; its origin, r97—198. Courts of justice; their origin, 62; in the dominion, 129432; in the provinces, Alberta, I83; Britisli Columbia, I83; Manitoba, 183; Xcw Brunswick, 181 ; Nova Scotia, 182; Ontario, 178, I79 ; Prince Edward Island, 182; Quebec, i8o«x8I ; Saskatclieivan, I34; process of, I92; officers of, 192~193. AN1iLYTICAL INDEX. 339 Court of dyer and terminer, 191. Court of review in Quebec, 181. Court ofrevision ; in 21 nmnicipa.lity, 236-238. Criminals ; extradition of, 208. Criminal courts of Canada, 197-201, 203-208. Criminal law; in Canada, 172-176. Criminal offences; trial of, 203; appeals in cases of trial of, 191-207; not allowed to judicial committee of privy council, 66, 191 ; speedy trial of, 208. Crown lands; of the dominion, 214; of the provinces, 213-214; in the Northwest, 281-282,‘ origin of the term, 215. Crown; its meaning, 41, mlz. Cltrrcncy ; Canadian, 136. D. DEIJATJJ. in parliainent; rules regulating, 110-111. Debentures; meaning of, 238. Debt of the Dominion of Canada; its zunount, gross and nut, 134435. Dcfenclant in a legal suit; meaning of, 201. Deﬁnitions ofwords and phrases used in this book ; Yovernment, 2 ; law of the knit], 4; executive, judiciztl and legislative powers, ; adminis- tration, 6; pzu’1ian1e11i.‘, 7. Dreputy-1’e¢:v:.>; municipal officer in Ontario, 222-223.

Direct taxation in Canada, 211.

Disnlloxvzuice oflegislative acts ; by imperial government, 67 ; by dominion
government, 168,

Divisional courts ofappeal in Ontario, 179.

l’)ivo1’ce; courts 01′, in Cmmda, 188; powers of senate with respect to,
94: 139~

Division courts for the collection of dehts; in Ontario, 178.

Division on motions; in parliament, 112-113.

Dominion of Canada; :1, 39 ; how it is governed, 41 ;
imperial control over, 64-68; geiieml governnient 0|’, 73-138;

340 ANALYTICAL INDEX.

executive power in, 73-86; legislative power of, 92-127,‘ judicial
power in, 128-132; revenue and expenditure of, 133-136; currency
oi‘, 136-137; militia and defence of, 137-141; great seal of. 365
arms oﬁ 88; ﬂags of, 89; consolidated fund of, 135 ; laws of, 214;
Northwest territorial government by, 269-272; Yukon, 278-280;

formation ofAlherta and Snslmtchexvan, 39, note.

-Dominion lands; in the Northwest and Manitoba, Alberta and Saskat-

chewan, 214, 281-283.

Dominion legislation ~ subjects of, 123-125.

Drill of Canadian mi tin, 140.

Durham, Lord; his famous report, and ztdvocucy of responsible govern-
ment, 23; his autograph, M.

EDUCATION ; see 56/100] gum-r/mzwt.

Edward I. ; of England, est:\l>li.shcs a model parliament, 57.

Ed\va1’d VII. ; autograph, 61 ; duties of(see sovereign).

Elections; how held in the dominion, 101-106; in the provinces, 156.

Elgin, Lord ; governor-general of Canada, 25.

Engineers, city; duties of, 231.

Esqiiirnalt; fortiﬁcations at, 138.

Eslinmtcs ; in parlizunent, “118.

Examination ofcivil servants, 35.

Exchequer ‘court of Canada; how constituted, 130; origin of the name,
130-131, 197.

Excise; duties of, how imposed, 134.

Executive councils in the provinces; how appointed, 147,- how consti-
tutcd, 148-152.

Executive power; deﬁnition, 5 ; king, head of, in England, 48; in
Canada, 74.; governorAgcnera1 rcpresciits the king in Canada, 1%;
lieiitenztnt-governor ofa province, head of, 147-148.

Exemptions from municipal assessment, 237.

Extradition of criminals, 203.

Fnnczmr. UNION of Canada‘; its origin, 26; Quebec conference resolu-
tions, 33; delegates to Quebec conference, 36-37; autogmplis of
delegates, 2%. its three leading principles, 40-41 ; soc Z>’;’iz/is/1 Narlﬁ
/Imzrfm 21:2 q’f18’67.

Fence-viewers; municipal officers, 231.

ANALYTICAL INDEX. 341

Fendalism; meaning of, 215.

Flags of the dominion, 89-90; of the provinces, go; of the governor-
geneml, ib. ; of tlic licuteuanL~g0vernors, 153; of the Canadian
marine, 90; the English union jack, 89.

Folkland ; meaning of, 215.

.Franchise of the Dominion, 99-I01.

Franchise of the provinces, 152, 156-158.

Franklin; district of, 39, 275.

French rule of Canada; historical outline of, I3~15.

G-.

GENERAL JAIL DELIVERY, 199.

George 1.; of England, does not sit in cabinet: council, and thereby estab-
lishes the modem practice of the sovereign and her colonial
repmseiitatives, 5354..

Government; deﬁnition of, 2-3.

Governor-general of Canada; under the French regime, 14; under the
English rule, represents the sovereign, 64; his appointment, 74;
his responsibilities, 74-78; advised by a privy council, 78, selecLs
his prime minister, 82; communications between himself and cabi-
net, 82-83 ; in council, 83-84; promgues parliament, I22 ; dissolves
pnrlizmient, 7677 3 his flag, go ; autographs of, since confederation,
75-

Grcat council; in early English times, 57.

HABRAS CORVUS; writs of, 209, its origin, (’11.; introzlucetl into Canada
after ccssion or 1763, 40; now chieﬂy useful in cases of extradition, 2%.

Halifax; fortiﬁcations at, 38‘

Heads of municipal council ; warden, 222 ; mayor, 223; recvc, 222-223.

Health oiﬁcers in municipn.litics, 231.

High court ofjustice in Ontario, 179 ; a divisional court of appeal, I79.

I-listorical outline of yolitical development of Canada, I3-42.

Ilomeslearls; in Canada, 283.

House of commons of Canada; its constitution, 95 ; speaker of, 97 ;
oflxcers of, 98; representation in, 95-97 ; members’ qualiﬁcation, 97;
qualiﬁcations of electors at elections to, 99; oath of allegiance of
members of, I06 ; indepenclencc of, I07 ; methods of business,
X09422 ; illustration ofinterior of, 96.

House ofeonimons of England; its origin, 8.

Hudson’s Bay Company; its territorial domain, 38-39.

342 ANALYTICAL INDEX.

IMPERIAL GOV15Kr\1Ml£N’l‘; its several divisions, 42; executive power, 45 ;
legislative power, 55; judicial power, 62; imperial control over
Canada, 64.

Incomes; taxation of, 236.

Indemnity; to members ofhouse of commons, 97; to menihers oflegisla-
tures of provinces, 156.

Independence ofparliament; laws relating to, I07, I57.

Indians in Canada; their rights, 284; where they can vote, I00, I60, 285;
how protected, 285.

Indictment, meaning of, 203.

Intendant in French Canada, I4.

J .

JUDICIAL APPOINTMENTS, 164.

Jud’ ‘al committee of the privy council; its origin, 63 ; its functions, 65.

Judicial power,‘ definition of, 6.

Judicial tenure of office in Canada, 132; compared with the system in the
United State. 289.

Jiirisdictioii of Courts, see above “ Courts ofjustice.”

jury; common or petty, its English origin, :98; its Canadian history,
199: how constituted in Canada, zoo; number required for a
verdict, 2o1. –

, K.

KEE\\’ATlN ; .one oftlic territorial districts of the Northwest, 39, 275.

Kindergarten schools; their origin, 24;.

King; the head of the executive government of Great Britain, 45; his
hereditary right to the crown, 46; his titles, 2’1/,; his royal stan-
(lard, 2%. ; all acts of government clone in his nmne, 4.8; his pre-
rogntives, 171.; “the king can (lo no wrong,” 51).; origin of his
advisory council, 49-54; his responsible councillors, 50-53; the
crown in parliament, 55; his laborious duties, (20-61; his unto-
grnph, 60,- his courts ofjustice, 62; head of the executive govern-
ment in Canada, 74; l’epteSl:Il((‘.(l lyy a governor-general, id.

King’s bench; its origin as a court, 198 ; in Ontario, 179; in Quebec, :87.

King’s counsel; learned in the law, 195.

Kingston; military college at, 140.

Lnxos of C.i.\’AD,-i ; see zrnwzz Ia/I07: ; I/0//It’/Iran lumz’.v.
Land question; in French Canada, 2; ; in Prince Edward Island, 30.
Law oftlie land; deﬁnition of, 4.

ANALYTICAL INDEX. 343

Law societies in Canada, 194.

Legal profession ; study oﬂ 194.

Legislative power; deﬁnition of, 6; in England, 55; in the dominion,
123; in the provinces, 163; in the Northwest territories, 2761
Legislatures; provincial, how constituted, 155-159; number of members
in, 159; voting qualiﬁcations of electors for members oi’, 160-161;

legislative powers of, 163468.

Lieutencuibgovernors of provinces; how appointed, 147; their duties and
responsibilities, I47-I43,’ advised by an executive council, 148452;
ﬂags of, :53.

Lower Ct1l‘t€1(i€\ ,- its constitutional history, 18-26 ; comes into the Dominion
as Quebec, 35 ; autographs ofticlcgates from, to Quebec conference
M1864, 36.

Loyalists, United Empire; founded Upper Canada, 19; settled in Nova
Seutia and Ne\v Brunswick, 19, 28.

MAG1s’1‘1tATEs; police, their duties, 179-181 ; court of, 180.

Magma Cliartn; what it affirmed, 58.

1\iajor-gencml cominxmding the militia of Canada, 141.

Manhood suffrage; in the provinces, I60-161,

l\1ztnitol):t,- province or’, once rt part of Rupert’s Land, 39 ; its constitutional
history, 1%.; its executive council, I51 ; its legislature, I36-159 ; its
fmncliise, 160; its arms, 134; its municipal divisions, 225 ; its
courts, :83, 191, 208; its schools, 261.

Mayor; origin ofnmne of, 239; head ofconncils of cities and towns, 222.

Members ofparlicunent; number of, in the dominion senate, 94; in tlie
house of Commons, 9;; in provincial legislatures, 159; indemnity
to, 97, I56; travelling expenses, 2’5.

Meetings ofmunicipztl councils, 232.

Mileage rate ; to members of the house of commons, 97 ; to members of
provincirtl legislatures, 156.

Military districts of Canada, 140.

Mil in and defence of Canada, 138441.

Militia service of Canada, I40.

Mines and minerals belong to the provinces, 148, 214

Minister ofagriculture oftlanntla : his duties, 80.

Minister of customs in Ontario ; his duties, 81.

Minister of ﬁnance in Canada; his duties, 79.

Minister ofthe interior of Catmda; his duties, 80.

Minister ofjustiee of Canada; his duties, 79.

344. ANALYTICAL INDEX.

Minister oflahor, 81.

Minister of militia and defence of Canada; his duties, 80, 138.

Minister of public works of Canada, his duties, 8o.

Minister of railways and canals of Canada ; his duties, 80.

Minister of trade and commerce of Canada; his duties, 79.

Minister of inland revenue, 81.

Ministerial responsi ility, 49-54, 25, 81, 149.

Ministers not in the cabinet; solicitor-genera-l, 81.

Ministries of the provinces ; how constituted, 151-152.

Ministry of the dominion ; members composing, 78-181.

Mint, Royal, I37.

Monarchial government; meaning of, 3.

Money matters ; in parliament, 116.

Montfort, Simon de; founder of house of commons, 57.

Motions in parliament; their form and use, 110; debate on, fl}. ; divisions
on, 112.

Mounted police ; in the Northwest, 140, 276.

Municipal assessment ; how imposed, 236.

Municipal divisions; county, 222; city, 2}. ; town, 1%.; township, 2%.;
parish, id. ; origin of names of, 239.

Municipal institutions in.Canada; growth of, 219; statutory law governing,
220; divisions, 222; constitution of councils in provinces, 222-226 ;
how councils exercise their powers, 227: election of councils, 222~
22 ‘; heads and oﬁicers ofsame, 1’11. ; meetings of, 232; bylaws, 233;
municipal assessment or taxation, 236; exemption from, 237 ; hor-
rowing powers of, 238 ; historic origin of names ofdivisions, 239.

Municipal law; see m.mLitz’/7/zl z’mtz’12ztz’nm: in (Imztrzlzz.

Murray, General James; first English governor-general of Canada, 15;
his autograph, 15.

Nri’ru1z.a1.17.1i’r1o.\*; meaning of, 97.

Nelson, \Volfrcd ; one of the leaders of Canadian rebellion of1837-38, 23.

Newark; now Niagara, first seat ofgoverm-nent oflfpper Canada, 28.

New Brunswick ; province of, first known as part: of Acadie, 27 ; its con~
stitutioual history, 29 ; autographs of its delegates in I864 to Quebec
conference, 37; its executive council, 152; its legislature, 156159 ;
its franchise, 161 ; its arms, 154; its courts, 181, 191, mg; its
municipal divisions, 225 ; its schools, 238.

New Caledonia; old name of British Columbia, 38.

ANALYTICAL INDEX. 345

Neivfoundland; island of, discovered by John Cabot, 31 ; history of, 31-32 ;
represented in 1864 in the Quebec conference, 37 ; autographs of its
delegates to, ill. ‘ legislative building, illustration of, 31.

Nisi piius; court of, I99.

Normal schools of Canada ; see xc/zoolgowmzzmzt.

Notaries; profession of, 195.

Northwest territories; area of, 275; acquisition of, by Canada, 39; how
governed, 276; its courts otlaw, 276 ,- its schools, 277 3 public lands,
281 ; Indians, 284.

Nova. Scotia; province of, discovered by John Cabot, 27; first known as
Acadie, 1%, ; its constitutional history, 27-29; enters the Dominion,
35; autographs of delegates in 1864 to Quebec conference, 36;
illustration ofits province building, 28 ; its executive council, 152;
its legislature, I55, I57, 159; its franchise, 16: ; its arms, 154,; its
courts, I82, I91, 208; its municipal divisions, 224; its schools, 254.

OA’r1{ of allegiance ; taken by members of dominion parliament, I06 ;’hy
members of provincial legislatures, I59.

Othcers of courts, :92.

Ofﬁcers of parliament, 98.

Ontario; province of, its history as Upper Canada, x8»26; enters con»
federation, 35; its executive council, 15x ; its legislature, I56-159;
its franchise, 150; its arms, I34 ; its courts, 178, 179, I80, 191, 208;
its municipal divisions, 223 5 its schools, 243.

Ordinance; meaning of, [6, 71012.

Overseers of higlnvays, 231.

Oyer and terminer; court of, 199.

PANEL ofjury; meaning of, 200.

Papineau, Louis Joseph; leads rebellion in Lower Canada in 1837-38;
22~23.

‘l.’arish,’ its origin, 240; municipal division, 222.

Parliament; deﬁnition ofname of, 7-8.

Parliament Building at Quebec, 93.

Parliamentary government in England ; its origin and development, 49,
5°: 59» 5°«

Parliauient of Canada; how constituted, 92; senate, 171.; house of
commons, 95; speaker and oﬂicers, 97-98; methods of business
and debate, I09 ; legislative powers, 123 ; parliament house at
Ottawa, 93 ; prorogution of, I22.

346 ANALYTICAL INDEX.

Parliament of Great Britain; its origin and development, 57-60.

Pstthmasters, 231.

Pedagogy: school of, in Ontario, 246.

Periods of political development in Canada, 12.

Petitions to pctriiament; their form, 113.

Petitions of Right; its declarations, 58.

Petty (petiL)jury ; its constitution, 204,

Plaintiff in an action; meaning of, 201.

Pleading in law suits, 202.

Police magistrates; how appointed, 170; their duties, 19X, 189.

Policemen in cities, 193.

Political development of Czmada. ; periods of, 12.

Population of Canada, ro-1 t.

Postm.1stet-general of Canada ; his duties, 80.

Poundkcepers, 231.

Premier of Canada; bow appointed, 81-82; his duties and relations with
the governongeneral. 82-83.

President of the privy council of Cmmrhx; his duties, 79.

Preventive oiiicets of customs, 85, Hale’.

Previous question; its form and use, 114. _

Prince Edward Island; province of, formerly St. Iohn’s, 30; its constitu-
tional history, 55.; its province building, z’b.,- autogmplis ofits delc~
gates to Quebec conference in 1864, 37;. enters the Dominion, 38;
its executive council, 151; its legislattxre, 155, 159; its franchise,
155, 161; its arms, 154; its courts, r82, 191, ms; no general
mtmicipal. system in, 220; its schools, 239.

Prince of Wales; heir apparent to the crown of England, 47.

Prince of Wales college in Prince Etlwarcl Island, 259.

Private bills in parlimnent, I15, I16.

Privy Council of Canada; how appointed, 78; how ministers or advisers
ofgovernor-general are selected, 78-79.

Privy council of England; its origin and development, 49-54.; judicial
Committee of, 63.

Probate court ; in Canada, 179.

Process of courts ; in Canada, 2or, 202, 203.

Proclamation of 1763 ; establishing ﬁrst English govermnentin Canada, 15.

Property qtuliﬁcation ; not required for members ofliouse of commons, 97 ;
or for members of legislative assemblies, I 56.

Prorogation of parliament, 122.

Protestants; number of, in Cmmda, II.

Prothonotaries of courts ; in Quebec, I93.

ANALYTICAL INDEX. 347

Provinces of Canada; their names, 10; subsidies by dominion govern~
ment, 213.

Provincial legislation ; subjects of, 163-169.

Provincial revenues and expenditures, 2I1~213.

Provincial subsidies; their origin, 212; their amount, 213.

Provisional council in municipalities, 223.

Public bills in parliament, I15-I16.

Public lands. See mow/z lam/.t ,* zia///1’m’aIz /’um¢’:.

Public schools. See Mimi! got/arm/mil.

QUEBEC act of 1774; first constitution given to Canada by imperial
parliament‘, I6.

Quebec conference of 1864 ; first lays basis of federal union of Cnnatla, 35 ;
delegates from provinces to, 36-37 ; autographs of, 2’0.

Quebec; province of, its early history, I3-26; enters confederation, 35;
its executive council, I51; its legislature, I55-159; its franchise,
160; its arms, 154; its legal system, I73-174; its courts, 180, 181,
191, 208; its municipal divisions, 224. ; its school government, 250.

Questions or motions in parliament; how proposed, 11o. ‘

Quorum; of senate, 300; of house of commons, 303; of municipal
councils, 232. ‘

RAILWAY belt of lands; gt-zmtetl by British Columbia to dominion
goverxnnent, 214.

Recordels of Canada, 181, 191 and 1201:.

Red ensign ofC:tmz<l:1; sketch of, 90.

Reeve; origin of name, 239.

Referendum; Swiss, its meaning and use, 236.

Registrars of lands, 216, 284.

Religious exercises it\ schools; in British Columbia, 264; in Manitoba,
261; in I ince l£(l\\’ard Island, 260; in Ontario, 248; in Quebec,
251 ; in Alberta and Saskatchewan, 268.

Remanded; meaning of, 181.

Representative government ; meaning of, 3.

Repi ‘entativc institutions in Upper and Lower Canada; their history,
18-26; in the maritime provinces, 27-31.

Responsible government ; its meaning, 3; when and how established, 12,
23, 25, 29; its conventions and usages, 83.

Revenue; of the dominion, 133~137,- of the provinces, 212213.

348 ANALYTICAL mmax.

Revision ; court of, in municipalities, with respect to taxes, 238.
Revolution of 1688; James II. deposed, 47-50.

Riding; meaning of, 239.

Roman Catholics; number in Czmmlxi, 1!.

Royal military college; at Kingston, 140.

Royalties; on product ofcoal and other minerals, 212-213.

Royal stanclnrd; illustration of, 46.

Rules and usages of parliament; motions, no; debate, 2%.; adjournment

of debate or of house, III~XI2 ; “ putting the question,” or dividing.

the house, 112; petitions, 113; previous question, 114,- bills, 115 ,-
moncy matters and committee of supply, :16; budget, 119 ; motions
or questions, on going into committee of supply, 120; select
committees, 121 ; prorogation, I22.

Runnymede; ﬁelzl of, Ivlngna Cliarta granted thereon, 58.

Rupert’s Land ; acquired by Canada, 39.

SASKA’l‘C1IE\VAN; established 1905, province of, executive council, I52;
frzuichise, I61’; arms, I54; courts, 184; municipal divisions, 226;
schools, 265.

School government in Cﬂnllkiﬂ ; its leading principles and machinery, 243 ;
public schools, in Ontario, 245; in Quebec, 250; in Nova Scotia,
254; in New Brunswick, 258; in Prince Edward Island, 259;
in_Manitolm, 261; in British Columbia, 263; Saskatche\\’ax1 and
Alberta, 266; separate schools, in Ontario, 245; in Quebec, 251,-
in ivlnnitolia, 261; in Northwest territories, 274,- notrsectarian
schools, in Nova Scotin, 254; in New Brunswick, 258; in Prince

Jclward Island, 260; in Z\Ianitob.1, 261 ; in British Columbia, 264;
normal schools, 245, 252; superintendents of education, 250;
trustees, duties of, 247, 252,- provincial university, in New
Brunswiclc, 259; in Ontario, 250; in Manitoba, 263.

Seal, great; its design, 87.

Seals, provincial; their design, I53.

Secretary ofstate for Canada ; his duties, 80.

Secretary of state for the colonies; his functions, 65.

Secret2tr_v~treasurer; of municipal councils, 230.

Seigniorial tenure of French Cniiatlzt; establislied, 14. ,- abolished, 25.

Select committees; in parliament, 12;.

Senate ; its constitution, 92-95.

Sheriff; ofﬁce of, I92.

Shire ; origin of name, 192. –

ANAIZVTICAL INDEX. 349

Solicitor-general; his duties, 81.

Solicitor; profession of, I95.

Sophia, Princess ; succession to English throne settled on her heirs, 46.

Sovereign of England; at present 0. king, 45; crown hereditary, 46-47;
titles of the king, 46; governs according to the law, 48; “can do
no wrong,” 48, 52-53; in council, 49-54; in pxtrliament, 55-61 ; in
the courts, 62«63 ; represented by rt governor-general in Canada, 65.

Speaker; of senate, 94; of house of connnons, 97; of provincial legis-
latures, I57.

Speedy trial ofcriminal cases, 203.

Stipcndinry inagistmtcs ,’ their appointment and duties, I73-I74.

Subsidies; to the provinces, 213.

Subpoena; incaning of, I91.

Sui-‘ﬁage ,- secfmm/z2′:c,

Stunmaryjurisdiction of magistrates ; in criminal cases, X89.

Summons; meaning of, I91.

Superannuation; ofdominion officials, 85.

Superior court, in Quebec, 18!.

Superintendent of education ; see .tt&zml,;rowrmmmt.

Supply bill; in pzu-timnent, 119.

Supply; committee of, in parliament, 116-119 5 motions on going into, 120.

Supreme court of Canada; how constituted, X29 ; its powers, 129-130.

Supreme court of British Columbia, :83.

Supreme court ofjudicature in Ontario, r79.

Supreme court of Manitoba, :83.

Supreme court of New Brunswick, 182.

Supreme court of Alberta, Saskatchewan, I84.

Supreme court ofNova Scotia, :82.

Supreme court of Prince Edward Island, X82.

Statute; meaning oﬂ 5, mile.

Statutory law of Canada, 17 5.

Surrogate court; its origin and functions, X85-186.

TAXATION ; direct, meaning of, 133.

Taxation; indirect, meaning 0:”, I33.

Taxation; in municipalities, 236.

Tenure ofland ; in Englzmrl, 215 ; in Canada, 216.

Territories of Canada. See Narzlzwm Ierrri/orr’e:.

Thomson, Poulett; afterwards Lord Sydenham, governor-general of

Canada, 25.

350 ANALYTICAL INDEX.
Town; origin of name, 239; now a municipal division, 222. See
71Imzz’c1})al 1’2/:lz’lkt;in/2.r 2’/1 Czm/Ma.
Treasure)‘; in provincial cabinets, 15x-152; in municipalities, 230.
Treaties ; when relating to, how made, 67.
Treaty ut’P:1ris of 1763: cedcs Canada to England, 15.
Trial by jury in Cnnntla; its origin, 199; in civil cases, 200, 201, 202,- in
criminal cases, 1%., 203.
Trial of civil cases ; in Cunrtda, 20x.
Trial ofcriminnl cases; in Canada, 203.
Trustees, school; clnties of, 247.
U.
U.‘-‘ION JACK; sketch of, 89.
United Empire Loynlisis; their coming into Canada, 18.
University; provincial, in Manitoba, 263 ; New Brunswick, 259; in
Ontario, 250.
Upper Crlllatlﬂg province of, its constitutional history, I2-26; enters
confeclerntion as province of Ontario, 35; sec Ontario.
Utrecht; treaty of, 27-32.
V.
VANCOUVER Ismnn; its early liistury, 38; united with British Columbia,
zZ.; see Brili:/L Colmnbfzz.
Verdict ; in civil actions, 202; in criminal cases, 207.
Victoria, Queen; her tullogmpli, 46.
Village; zimunicipnl divi on, 222.
Voters’ lists; courts for revision of, 187, 188.
Voters’ qualifications; at dominion elections, 99-101; at provincial elec-
tions, 150-161 ; at municipal elections, 228. –

WARm£.\’ ; head of county council, 222-228 ; his duties and responsibilities,
229.

Warrant; meaning of, 191.

VVcsLIninstcr palace or p:u‘liz1.ment house of Great: Britain and Ireland;
illustration of, 56.

Witenngemot; national assembly of England before Norman conquest,
57; meaning ofthe name, 45.

Women; vote at municipal elections in Ontario, 228; in Ilfanitoba, 2’5. ,-
in British Columbia, 2’6. ; in Alberta and S:u;katcl1e\van.

Y.
YUKON, district of; its government, 278; courts, etc., 279; schools, 280.

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