J.E.C. Munro, The Constitution of Canada (1889)

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Date: 1889
By: J.E.C. Munro
Citation: J.E.C. Munro, The Constitution of Canada (Cambridge: Cambridge University Press, 1889).
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iiii AND 120. ciiA.\( i;ky i,ane,



lfil))io: F. A. BnoCKHAUS.






J. i^. C. MUNRO,



dll RighU reierved.




CdintriUgr ;

rniNTKi) HY c. .i. clay, m.a. ani) sonji,



Some years ago I bogai. to collect materials for a survey
of the legal aspects of the constitutum of the empire, but
my p..rp..se as regards the constitutio.- of Great liritain and
Ireland was anticipated by the publication of Sir William
Anson’s valuable work on the Law an.l Custon. of the
Constitution, and I therefore restricted n.vself to the
constitutions of our colonies. Of these it is’ n.,t possible
to take a general survey without examining each in detail
Our colonies exclusive of the Indian dependencies fall into four
groups: (1) the North American group. (2) the Australian
group. (8) the .South African group and (4) the Crown
colonies. I have selected Canada for treatment first, not
merely because a special interest has of recc.it years bcvn
taken in its constitution, but for the further rea.son that some
recent Canadian statutes have given a co.npleteness to the
Domnuon system of government it .lid „ot previously

I have not attempted to criticise the working of the
constitutions described or to investigate the develop.nent
of purely local governn.ent-any ade.juate treatn.ent of
■such subjects would require a greater personal kiiowK-dge
of Canada than I can claim to possess : they are therefore-
reserved for consideration at some subse.juent time Con-
stitutional customs are dealt with brieriy, as Mr Todd in his




work on Parliaiiu’Utiiry (Jovcrnincnt in the Colonii’s has
(liHfussi’d sucli nintttTs at full Icii^’th. In the chapter on
tlu’ Dominion Parlianii-nt I hav*’ availed myself of the very
valuable work of Mr liourinot on Parliamentary Procedure in

In the last seHsion of the Canadian Parliament several
Acts weri’ passed that modify some of the statements in the
text. IJy t he 51 Vic. c. 1 1 the Dominion Elections Act ha.s been
amended as regards the nomination of candidates, the method
of voting, and the definition of corrupt practices; by the
ol Vic. c. 17, the organisation of the Department of Public
Printing has been modified; and by the 51 Vic. c. 43 appeals
in criminal cases to the Judicial Committee of the Privy
Council have been forbidden.

The most important change introduced into the constitu-
tion has been the formation of a Legislative Assembly for the
North West Territories. By chapter 50 of the Revised
Statutes of Canada the Council of the North West Terri-
tories, as s(Jon as its number reached twenty-one, was to give
way to a Legislative A.ssenibly’. The new Assembly is to
consist of twenty-two elected members and three legal experts,
the former to be elected by such male British subjects, other
than unenfranchised Indians, as have been resident in the
Territories for twelve months, and in their electoral distiicts
for three months, precetling the election ; the latter to be
nominated ly the Governor-General in Council.

The legal experts have the same privileges as elected
members, except that Lhey are not allowed to vote : on a
dissolution taking place they vacate their offices.

The Lieutenant-Governor is authorised to nominate four
members of the Assenibly to act as an ” advisory coinicil ” on


‘ See post, p. 36.

oiiirs has
liapttT on
f tho vory
Dceduri’ in

nt several
nts in the
:’t ha-s been
he method
■a; by the
, of Public
43 appeals
the Privy

c constitn-

ibly for the

le Revised

rest Terri-

[is to give

nibly is to

;al experts,

ects, other

nt in the

il distiicts

tter to be

us elected
ote : on a

inate four
ouncil ” on



matters of tinance. At nieetijigs of this (‘(nincil (he liitutcn-
ant-Oovernor is to preside, and he is ajldwcd a vutr as well
as a canting vote. Px’fnn’ being introdiieed all money bills
must be recommended by him to the Ass(‘nd)ly.

Notwiiiistanding tlie existence of this Assembly the
constittition of the North West Territories differs in several
important respects from that found in the provinces. ‘I’ln’
Territories do not constitute “a Province,” and the Assembly
has therefore only such legislative powers as the Dominion
Parliament confi’rs on it. The Lieutenant-dovi’rnor exer-
cises the chief ext’cutive power and is not to the same
extent as in the Provinces bound to defer to his advisers.
No doubt in time the more settled districts in the Ti-rri-
tories will be formed into a ni’w province.

I am much indebted to Mr J. 0. Colmar, secretary to the
High Ct>mmissioner for Canada, for valuable assistance during
the progress of the work; to Mr J. S. O’lialloran, secretary
of the Royal Colonial In.stitute, and to the Libraiian of the
Colonial Office for permission to consult their libraries; and
to my friends Professor T. N. Toller and Mr K. T. Wright
for their kind aid in revising proofs.

J. E. C. M.

7, Nkw SgiAiii:,
Lincoln’s Inn,








Majority of the Dominion

Hourous of the ConHtitution

Li’Bislativo actvity of Dominion .

Oencral Hciiuiui of the Constitution

l’owor« of the I’rovincos

fiovincial Executive

The Dominion Logiwhituro

The Senate • . . .

Tlie House of CommonH

The Kxccutivc

Tile (iovernor-Geucriil .

Towers of the Dominion

CompuriHon of Dominion Legislature and U

ConMict between t!ie Dominion and the Prov;

Unexpected Constitutional DcvelopmentH

S. Congress




















Area and population of Canada

Ontario and Quebec

Nova Scotia .

New Brunswick .


British Columbia .
Prince Edward Island .
District cf Keewatin
North West Territories .
Union of the Provinces .















Inippiial Acts

Dominion Acts

Provincial Acts

Orders in Council

Orders of the Dominion Tarliament and I’rov

incial Legislatiuua

Letters Patent and Instructions of the Governor-General .














Provincial Lkgislatures.

Parties to Legislation aa

Summoning of the Legislature ! 44

Opening of the Legislature 47

Adjournment au

Prorogation and Dissolution 4y

Annual Sessions 62

Enacting Clause 52

Payment of Members 5jj


The Provincial Assemblies.

Qualifications of Electors r-

Ontario ” k’-

Quebec ‘ ‘ g_

Nova Scotia ” ‘-7

New Brunswick …. ” ru

Prmce Edward Island c,,

Manitoba … ” r..

• • • . O’J

British Columbia fr.

North West Territory .’ ‘ 60

Persons disqualified from voting ‘ ‘ GO

Qualifications of Ekcted . . ‘ ,.1
i> 1- •••••.. 01

Persons disqualified from sitting (jj

Distribution of Seats ….

Method of Election y ,

S”°™”‘ …”.”.” 66

The Speaker …. ,.<• CONTENTS. XI TUTION. I'AdK 40 41 41 41 42 42 42 44 44 47 49 4'J 52 52 53 Privile(,'L's Freedom of Sjieoch iMccdom from Arrest Kxeuiption from surviiif,' on Juries Atteudiuice of witnesses Publication of I'npers Tuiii-sliinK for iJrcacli of Privilege . Resignation of Members CHAPTER VI. Pkovincial Lkuislative Councils. Provinces possessing Councils Number of Council .... Qualifications of Councillors Disqualifications of Councillors . Appointment and election of Councillors Term of Oflice Quorum The Speaker . Privileges Kesignation . i'.V(ii-; 00 0!) 0!) (tU 70 70 70 71 7J 7;{ 74 71 7'>



Method of LEuisi.Ario>f.

Hour of Meeting .

. 77

Order of Business .

Public Bills .


Money .Kills .

. 77

Private Bills .

. 70


Thi; Lieutknant-Ooveknok.

Ho’v appointed
His functions
Kelation to his iMinistcra
Ternj of Oflici!






The Pbovincial Administuation.

Appointment of Ministers ,
Number of Ministers ….
Distribution of Departments
Department of the. Law Ollicer .

,, of the I’rovineial Secretary

)i of the rrovincial Treasurer

,1 of Public Works

II of Crown Lands

II of Education .






The Provincial Judicatuke

Provincial Powers as to administration of Justice
Courts of Civil Jurisdiction



Nova Scotia

New Brunswick .

Manitoba .

British Columbia

Prince Edward Island

North West Territoiies
Courts of Criminal Jurisdiction

Justices of the Peace .

Quarter Sessions .

Ccunty Courts .


Supreme Provinciiil Court

Court for Consideration of Crown Cases reserved






Privileges j^^

Payment of Members 118

Adjournment i,,.

Prorogation ,,^^

Dissolution ,.,.



<.)2 97 m 102 104 105 107 108 108 108 109 109 109 109 110 110 112 IIG 117 118 119 120 121 i COXTENTS. CHAPTER XII. Thk lh>vsK oi- Commons.


Number ….

Qiiiililiwitidii of Kk’cturs

rcr.soii.T disqualiliod from voting
Hevision of voters’ list.s

Qii!iliticati,/iis of Elected

I’ersons dis(jiiiililied from sitting

Method of Election

Election Petitions

Ollicers of the House .

Internal arrangements



‘J’m; Si:.\ATi:.


Qualifications of Senators
AjJiiointinent of .Senators
Meeting of the Senate .
Tenure of OUice .


ThK MkTIIOD of liKiasi.ATION.

How rcguliitecl
(Jiiler of lju>iness
Public Pills
Money Pills
Private Pilh


TiiK ( Jovku.vok-Gknei

Creation of the Ollice .
Instructions and Commission
Powers as regards the licgislature
iHities as regards Party government
Eunctious as regards the Executive
Powers as regards the Judicature
Prerogative Powers
Powers as regards the Provinces .
His responsibility

A I,.




















The Puivy Council.


Number 18’2

Functions of the Council 185

as ri’Kards LcKJulation 185

as regardH Adiuiiiistratiou 1H7

as regards the Provinces 1H8

Meetings of tlio Council 18’.)

Uespousibility of Ministers IS’J



Ollicers, how appointed lilO

Departments of State li)3

Secretary of State 10



rlirmi.”: ‘








List of Governors .

British North America Act, 1867

Terms of Union British Columbia

Terms of Union Prince Edward Island .

Terms of Surrender of North West Territories

Imperial Act respecting Establishment of Provinces (34 and 35 Vic. c. 28)

Imperial Act as to Privileges (38 and 3!) Vic. c. 38)

Imperial Act as to representation of the N.W. Territories in Parliament
(49 and oO Vic. c. 35) .

Letters Patent constituting the office of Governor-CJeneral
Instructions …
Commission .





Anprrs v. Citj” of Montreal . . .

ArniHtrotiK r. MeCutcliin . . .

A. G. V. Ningiira Fulls Inter. BriilK^

A. G. V. Radloff

A. G. for Quebec r. Colonial Build-
ing and Investment Assoc. . .

A. G. for Quebec r. Queen Insur-
ance Co

A. G. for Quebec v. Hood . . .

21 L. C. J. 25!t; 2 Curt. ‘Xir,
2 Pur. 381; 2 Curt, lift . ,

20 Grant 31 ; 1 Cart. H13 . .
10 Ex. !»()

. . •i.’l’.l
210, 253

, . 21.-
. . 211

A. G. of Ont. r. Mercer . .
Bank of Toronto i’. Lanibe ,

Belford, Smiles v

Belisle, L’Union St Jac(iues r.

Belle, Doyle v

Bennett r. Pharmaceutical Asso-
ciation of Quebec

Bennett, B,. v

Bigge, Hill t;

Black, Dow r

Boardman, R. r

Chandler, 11. i>

Church V. Fenton

Citizens Insuiance Co. t». Parsons

City of Montreal, Angers v. . .
City of Ottawa, Leprohon v. . .
College of Physicians and Sur-
geons of Ontario, B. r. . . .

L. R. <) App. Cas. ir,7 ;)3 L. J. P. C. 27 ; 4!) L. T. 78!) . 2r>t\

h. R. 3 App. Cas. 1090

38 L. T. 2(;r) 23«

L. R. 10 App. Cas. 1 11

51 L. J. P. C. 12 ; 52 L. T. 393

33 W. R. 018 237

L. 11. 8 App. Cas. 707

52 L. J. P. C. 81 ; 49 L. T. 312 . . 235
L. R. 12 Ai)p. Cas. 575

50 L. J. P. C. 87 ; 57 L. T. 377 . . 229

I Ont. App. Rep. 430 ; 1 Cart. 570. 208
L. R. (! P. C. 31 ; 1 Cart. 03

31 L. T. Ill ; 22 W. R. 933 . 251, 257

II Ont. App. Rep. 32 231

1 Dorion Q. App. 330

2 Cart. 250 228, 255

1 Ont. Rep. 445 ; 2 Cart. 034 . . 243

3 Moo. P. C 181

I.. R. 6 P. C. 272 ; 44 L. J. P. C. 52

32 L. T. 274 ; 1 Cart. 95 . . 238, 258
30 U. C. Q. B. 553 ; 1 Cart. 070 . 244

1 Hannay 556 ; 2 Cart. 421 … 251
28 U. C. C. P. 384 ; 1 Cart. 831 . 240
L. R. 7 App. Cas. 90 ; 51 L. J. P. C. 11

45 L. T. 721 221, 224, 254

24 L. C.J. 259 ; 2 Cart. 335 . . . 239

2 Ont. App. Rep. 522 ; 1 Cart. 51)2 238

44 U. C. Q. B. 504 ; 1 Cart. 701










, 2r,\\



T. 7B1» . 2r)(>

T. 393


r. 312 .


r. 377 .


Cart, y




133 .







J. P. C

. 52

, ,



•t. t’.7t>



>1 .

, ,


t. H31



1. J. P

C. 11



, 254


, ,





Colonial HuildinRand Investment
Association, A.(r. for QuuhfC r.

Corporation of Three Rivern i

Corporation of Quebec, Poulin iv

Cot^’ f. WatHon

County of Prince Edward, Li
cenci’ Connnissiouersof Prince
Edward r

C’ri’tnliii’ r, .lackson ….

CuHhiug ”. Diipuy

HanBcreau. Kx parte ….
Davidson, Qiieddy Boom Co. v.

Dell r. Miirphj

Denisou, Ditiher r. . . .

Do Veber, In ro

Ditcher r. Denison ….
Dobie V. The Temporalities Board

Douf^’las, Nicklo r

Dow r. Black


L R. 9 App. Cat.. 157 ; 53 L. J. P. C. 27
49 L. T. 789 25(5

5 L. N. 330 ; 12 Can. S. C. R. 25 229, 258

9 Can. H. C. R. 185 258

3 (I L. R. 1.-.7 ; 2 Cart. 343 . 239, 2r.l

Doyle V. Belle . .
Dudman, Kinney r.
Duncan, E.r paitt’ .
Dupuy, Cusliing v.

k. 701


Ellis, Kx parte

Evaus V. Hudon

Eyre, II. r

Fabri^as v. Mostyn

F’arewell, The

Fenton, Church i-

FitzRcrald, Wright v

Fowler r. Padget

Frawley, R. r

(ioodhue. Re

Grainger, Separate School Trus-
tees of Belleville r

GritVith, Page i’

Grifiith, Paige v

Grillith, Pope v

Griflith r. Rioux

Harris and Coriioration of City
of Hamilton, Re

Hill r. Biggc

2ii Grant 452 ; 2 Cart. 1178 . . .

34 U. C. g. B. 575 ; 1 Cart. r»85 219,
5 Apj). Cas. 409

49 I-. J. P. C. tl3 . . 221, 249, 252,

19 L. C. .1. 210; 2 Cart. 1(15 . . .

10 Can. S. C. R. 222

1 Moo. P. C. N. S. IIH

11 Moo. P. C. 338

21 N. B. R. 401 ; 2 Cart 552 . . .

11 Mod. P. C. 338

L. R. 7 App. Cas. 13(i ; 1 Cart. 351
51 L. J. P. C. 2(1 ; 4(1 L. T. 1 . 229,

35 U. C. Q. B. 12(1 ; 37 U. C. Q. B. 51
L. R. (1 P. C. 272 ; 1 Cart. 95

44 L. J. P. C. 52 ; 32 L. T. 271 238,
11 Out. App. Rep. 32

2 R. andC. 19; 2 Cart. 412 . . .
IC. L. C. J. 188 ; 2 Cart. 297 . . .

5 App. Cas. 409 ; 49 L. J. P. C. (13

1 Cart. 252 . . . . 221. 249, 252,
1 P. and B. 593 ; 2 Cart. 527 . .

22 L. C. J. 2(18 ; 2 Cart. 34(5 . .

20 St. Tr. 81

7 Q. L. R. 380 ; 2 Cart. 378 . 227,
28 U. C. C. P. 384 ; 1 Cart. 831 .

27 St. Tr. 705

7 T. R. 514

7 Ont. App. Rep. 24(1 . . , 239,
19 Grant 3GG ; 1 Cart. 5(10 . . .

25 Grant 570; 1 Cart. 8l(j . .
17 L. C. ,1. 302 ; 2 Cart. 308 . .
18L. C. J. 119; 2 Cart. 324. .
1(1 L. C. .1. 1(19 ; 2 Cart. 291 . .

6 L. N. 211


2 10






44 U. C. Q. B. 041 ; 1 Cart. 750 255, 258
3 Moo. P. C. 405 IHI



IIodKor. R L. 1!. App.CiiH. ll7:fi3L..I.P.C. 1

f.O L. T. aoi . . . 2’27, 250, 2:)’., 25H

Ilolmos r. Temple H Q. L. R. 357 ; 2 Curt. 3!h; . . . 2flt»

Iludon, EvanH r 22 I,. C. .1. 2riH ; 2 Cart. :tlC. . . . 2.SH

Jiickson, Cronibie !• 31 U. C. Q. H. T)?”) ; 1 Curt. tJH.’i 2l’,t, 2″»l

Johnston i’. Ministi-r mid TruHtecH

of St Andrew’s Churcli . . . L. I!. :< Ai))). Ciih. ir.!»; :t7 L. T. .'i.'d 2(1 W. R. ;);VJ 221 Kinney r. Dudman 2 R. and C. l!» ; 2 Cart. -112 . . . 2»(t Lake, H. r »:» U. C. Q. H. .'ilS ; 2 Cart. f.Ki . 2U Lambe, Bank of Toronto r. . . L. R. 12 Ajip. Ciis. oir, ; r,! li. T. :177 C(i L. J. r. C. 87 22'.t LanderH I'. Woodwortli .... 2 Can. S. C. R. ITiH ; 2 Cart. 220 . t)7 Landry, Tlubergo v L. R. 2 App. Cas. 1H2 ; If. L. .J. 1'. C. 1 35 L. T. (110; 25 \V. H. 21(i . . . 221 LanKlois, Valin r 5 App. Cas. 115 ; 111 L. .1. I'. C. 37 1 Cart. 15S 215 Lawrence, R. r 13 U. C. (^ H. Kit 211 L'Union St Jacques v. Belislo . . L. R. tl I'. C. 31 ; 31 L. T. Ill 22 \V. R. 033; 1 Cart. iVA . . 251, 2H7 Lenoir v. Ritchie 3 Can. S. C. R. 575 .... HO, 172 Lepine's Case Todd. I'arl. Gov. 2(')0 172 Leprohon v. City of Ottawa . . 2 Ont. App. Rep. 522 ; 1 Cart. 502 23H Leveille, /'.'.r 7w;7.' 2 Q. Steplien's DIk. ; 2 Cart. 310 . 22« Licence Commissioners of Prince Edward r. County of Prince Edward 2(1 Grant 452 ; 2 Cart. (!7rt ... 2 11 Luby V. Lord Wodehouse ... 17 Ir. Com. L. R. OlH 180 McClananhan v. St Ann's Mutual Ruildinp! Society 2i L. C. J. 101 ; 2 Cart. 237 . 250, 251 McCutchin, Armstrong r. . . . 2 Pn^. 381 ; 2 Cart. 401 . . 21(i, 253 McGuire, Wilson )• 2 Ont. Rep. 118 ; 2 Cart. (105 . . 213 McMillan v. South West Doom Co. P. and B. 715 ; 2 Cavt. 512 . . . 240 Melbourne (Municipality of). Mu- nicipality of Cleveland v. . . 4 L. N, 277; 2 Cart. 241 . . . . 248 Mercer, A. G. of Ont. t) L.R. 8 App.Ca8.7C7; 52L. J.P. C.84 40 L. T. 312 235 Merchants Bank, Smith v. . . . 28 Grant G29 ; 1 Cart. 828 .. . 210 Ministers and Trustees of St Andrew's Church, Johnston v. L. R. 3 App. Cas. 150 ; 37 L. T. 550 2(1 W. R. 350 150, 221 Montreal Warehousing Co., Royal Canadian Insurance Co. v. . . 3 L. N. 155 ; 2 Cart. 3fil .... 25(i Mostyn, Fabripas t- 20 St. Tr. 81 181 Municipality of Cleveland v. Mu- nicipality of Melbourne . . . 4 L. N. 277 ; 2 Cart. 241 . . . . 248 Murdoch v. Windsor and Annapo- lis Ry. Co Russell's Eq. R. 137 252 T.VISI.K Ol' (ASKS. XXI PAOEH /i.S h. J. P. C. 1 2'J7, 2r.o, '2r,r,, 258 t. .•t'.iti . . . '2r,i\ ■t.M(\. . . 2;<8 'lilt. 08-, 2I'.», 2r>i

; ;i7 L. T, CoO

t. 412 . , . 21!)
Curt. (IKi . 241
i ; -.7 L. T. .■177


Ciiit. 220 . (;7

ic.ii.j. r. c. 1

■ 21(i . . . 221
J. 1′. C. -M


24 1

T. Ill

1)3 . . 2r,l. 287
. . . HO, 172
…. 172

1 Curt. ■,l»2 238

Dart. 34!) . 228

78 .

. . 214

• •

. . 180

237 .

250, 2ijl


240, 253

. (50.5

. . 2i:i

342 .

. . 24(1

I . .

. 248


C. 84


. 23.-;

28 .

. 2411

37 L. T


• •

15!>, 22]

I . . .

. 250

. . .

. 18]

I . . .

. 248


. 252

:\rnrpby, P.ll ,■

.^rlls^;rav.• v. Pulido

N’int-‘iirn FhIIm Inter. Ilridri’ (‘(..,
A.<;. r N'inklc c. nmiKliis Ndiiimnil V. LinviiMicc Navigation Co PailKft, FowItT r Paul' c. (fritlith Pai^'(> V. (irillitli

Pai>iii, /•,.r jHirii’

PiiisoiiH, Citizens IiisiuiiniT Co. r.

Pattur>on’.>< Case I't'ck V. NhifldH ' " Pliainmceuticui Assoc, of Qiiulicc, licnnctt (• I'illow, i:.r imrtv I'opi' r. (irillitli Ponliii V. Coi|)oration ol (^iiciicc Pi ittic, W.v Pulido, Mii.Hj^'idvc V (^leddy Uoom Co. r. Dnvidson (^iiocn Insuiimec Co.. A.(i. Ini (i)ii('i)i.e V It. r. licniictt H. r. I;(i:iidiii,'ui K. ) . Chandler \ \ I!, r. CollcRc of Phy.sicians and Suivcons of Ontario .... I!, c. hall ' " '!. '■. K.vre 1!. )■. l''ia\vl<'y 1!., lIod^M! r U. V. Lake . . 1{. I'. Lawrence . I!. V. Prittie . . 11. V. Kobertson H. V. Koddy H., Severn v. HadlolT, I{. V. I'Ani-H 1 Mod. P. C. N. 8. 118 iHO L. It. 5 Apii. Cas. 102 4!) L. J. P. C. 20 180 20 (Jrant 31; I Curt. M13 . . . . 215 •35 II. C. q. I!. 120 ; 37 II. ('. (,). \\. 'A 2 IS 5 Q. L. It. 215 ; 2 Cart. 231 . . . 2P) 7T. It. 511 .,,. 17 L. C. .1. :i(i2. 'H'avi. .30S. . . 215 IHL. C. .1. II!,; vCart. :i2t . . . 215 15 L. C. .1. .j.tl: 1(1 I,, c. .1. .U!) 2 Carl. 3211 .^jr, L. It. 7 Apj). Cas. 1 12; 15 L. T. 721 ■"'1 L. .1. p. C. 11 . . . 221. 221, 251 TdddV Pail. (iovt. 200 ly.^ 01 Out. A|ip. Itep. 0;i;t 251 1 Dorion 2 App. 3.(0 2 Cart. 250 .j.,„ .,-.. 27 L. C. .1. 210 ' ._,-() 10 L. C. .1. ir,!(; 2 Cart. 2!l| . . . 215 '.•Can. S. C. It. |S5 yr.H »2I'. C. (MS. 0,12; 2 Cart. 000 . 244 L. it. 5 Ajip. Cas. 1(12 ''•• L. .1. p. ('. 20 jHQ lOCan. S. C. U. 222 . • . . . 240 L. It. 3 Ap|>. Cas. 1000 ; 38 L. T. 20,5 2.’!0

1 Ont. Kep. 415; 2 Cart. O.il •,(•{

•iO U. C. (^ IJ. 5,^s ; 1 Cart. 070 . 2||

1 Hannay 550; 2Cart. 421 . . . 251

44TT. C. Q. P. ;-(;i. i Cart. 701 . -W,

28 St. Tr. 51 ,,^j

I”’iilason jj^j^

7 Ont. A|,p. Hep. 210 . . . 230,245
L. •!.!• App. Cas. 117;ML. .1. P C 1
50 L. T. 301 . . . .227, 2.-.0, 255 -Cs
13U. C. (^B. 515; 2 Cart. 010, -^W

4:^ U. c. q. n. ir,4 .^ , ^

42U. C. (^15. (n2; 2 Cart. 000 “. 211
Can. S. C. It. 52

^^””‘t””‘ 2;M, 211,248

41 U. C. (}. 15. 201 ; 1 Cart. 70!) . 245
2 Can. S. C. It. 70 ; 1 Cart. 411 . -^ao
1″ Ex. 00 ,i,t





Ht’oil, A.()


11 . . .


) . . .


t. HI .




Dart. r,7V,


■* . . .



1 K. 22!»

, 25H

m; . . .


i.J.l’. c.


. . 22!»

, 25!)

F;. J. 1’. C.


1(1 . . .


• • . •


P. C. 37

• • * ■


13 . . .


■ * . .


i05 . ,


. . . .


■ • • •


• ■ • •


irt. 220 .


• • . .


TAr.rj^: of statittks.


1(1 Ciir. 2 c. 1 .

‘1 W. A M. C-. 2 .

H (itii). 3 e. H3 .

31 (J(!o. 3 c. 31 .

1 iV 2 Vic. c. !)

•’« ‘V 4 Vic. 0. 35 .” [

!”t 10 Vic. 0. !»J .

10 iV 11 Vice. 71

l-‘A- 13 Vic. c. 2!) .

I’-‘.V 13 Vic, c. (Hi .
21 it 22 Vic. c. 78 .
2!) A 30 Vic. c. 07 .
21 A 22 Vic. c. !»’.( .
28 & 2!l Vic. c, (;.•{ ”
•’<0A:31 Vic. c. 3 . s. H. 8. H. S. H. H. H S, s. s. s. M. S. S. s. B. a. 11 12 15 . 1(1 . 17 , 18 ,20 22 23 2(j 2!) 30 31 32 33 34 35 AdllH 52 >

>f<'ctinK of rarli.imriit MectiiiK of I'arliuiiicnt . . . . , Quebec Aot Constitutional Aot, 17!)1 HiispcnHion of Ciinmliiin ronstihilion Tho Union Actof iHio Power to impose duties SunvndiT of Civil List .... * NiiviKiitioi) LiiwH .... I'ost Ollicc .....'..'" Privileges Uiitisli Columhia '!'^ liiiti.sh C.iunil.iii . • .; '^J Viiiidit--''" ' - • • - -• •'"••'' u: 18 is 1!) 21 20 21 20 t.v of (Joloiiial Laws 22(1 H- N. A. Act, 18(17 ; Executive power .... Privy Council Powers of Lieutoimnt-ftovornors Military foices Sent of (tovernniciit .... T'eKisliiture Privileges .... Yearly sessions I8t; 112 • . . . 1(11 • l'I8, 1,S2, ls;{ • • . . Is; • • 1(1!». 210 • • 2-."», 2(1(1 110 Nunil)or of Senate Senators Additional Senators .'.'"■■■ ' ".'* Senate, Tenure of Odice . . !*'* Henate, IJosiKnation Senate, Vacating seat Senate, filling up vacancies .' !!^ Seuator.s, qualificationH . ' ' \ .'- \ll Speaker of Senate . . • • • • U", 2.m Quorum of Senate ,,',. ', " ^^^ ll'j. 147, 230 C 2 IT r ii XXIV TABLE OF STATUTES. PAGES aO k :?! Vic. z. ;? s. Hi) Vote of Sprakor 147 s. 38 Snniinonini,' TIouRO of Commons . . . . 110. KVl s. 41 Election Linvs 21(), 2:U, 243, 215 K. 41 Election of Speaker 13H 8. 45 Election of Sjicakcr 138 s. iCt Speaker presides in House 130 H. 47 Absence of Speaker 231 H. 48 Quorum of Commons IIG s. 50 Duration of House of Conmions . . . .121,122 H. 54 Money Bills 82, 1(54, 185 s. 55 Assent to P.ills 110, 105, 271 H. 5(i Disiillowance of Bills 271, 27? s. 57 Disallowance of Bills 271,272 H. 58 Licutenant-dovornors iKl, 188, 203 s. .')9 Lieut.-tiov., Tenure of Onice . . . 83,173,2(13 s. ()0 Liuut.-Gov.. salary 230, 242 s. 70 Quebec, electoral districts 03 s. 72 Quebec, Legislative Council 230 R. 73 Quebec, qualification of Councillors .... 74 s. 74 (Juebec, disiiualifications 74, 70 s. 77 Speaker in Quebec Council 75, 82 s. 78 Quebec Council, Speaker 75 s. 87 Assembly, c]uorura 0(! s. 88 Le^'islatures of N. S. and N. B 230 s. '.)0 rrovineial Acts 174, 20!) R. './I Powers of nonunion Parliament 225, 220), 250, 205 (1) Public Debt and Property 233, 235 (2) Trade of Connnerce 253 (3) Taxation 235 (4) Bovrowint,' money 235 (5) Post Ollicc 240 ((•)) Census, StatisticR 241, 242 (7) Militia and defence 23<), 20G (8) Salaries of Civil Service 241 (11) Beacons and buoys 240 (10) Navi^'atiiin and Shipping 240 (11) Quarantnie and IMarine li()Sj)itals 23!) (12) Sea Coast and Fisheries 241 (13) Ferries 210 (14) Currency and Coinage 250 (15) Banking, paper money 255, 25(') (10) Savings banks 250 (17) Weights and Measures 242 (18) Bills of Exchange 251) (19) Litercst 250 (20) Legal Tender 250 (21) Bankruptcy 247, 250, 253 (22) Patents 255 PAOKB ... 147 . . 110. ICl 2:n, 213, 215 . . . VM ... 138 . . . 139 . . . 231 ... 116 . .121,122 82, KM, 185 110, 105, 271 . 271, 27? . 271, 272 IKI, 188, 2r.3 H3, 173, 2(i3 . 230, 212 , . . . (>3

. . . 230

… 7-4

. . 71, 70

. . 75, 82

… 75

. . . ()()

. . . 230

. 174, 200

), 220, 250, 205

. 233, 235

. . . 253

. . . 235

. . . 235

. . . 240

. 241, 242

. 23′.), 20G

. . . 241

. . . 240

. . . 240

. . . 23!)

. . . 241

. . . 210

. . . 250

. 255, 250

. . . 250

… 242

. . . 250

. . . 256

. . . 256

247, 250, 253

… 255

30 &


31 Vic. c. 3


s. 91(23) Copyright .^5,3, ,,y

(24) Indian.s ,,,(.

(25) NiUuralisation ., jp

(2(i) Miiniage and Divorce 2 10

(27) Criiiiiiial Law 210

(28) renitfiitiarius ^is

s. ;)2 Powers of Provincial Legislatures . . . 225, 227

(1) Amcndiiieiit of Constitution 230

(2) Direet taxation 2;{,j

(3) JJorro wing money 235

(4) I’rovincial Salaries ., j2

(5) Public Lands ^ri

(0) llclbrmatory prisons 243

(7) Hospitals .,j ,

(■<) Municipal Institutions 257 ('.») Licences .,..- (10) Works and Undertakings 240 (11) Coinj)auies .,,-(• (12) Marriage _' .^.m (13) Property and Civil ligjits 217 248 (l'<) Administration of justice . . . .242,213 244 (15) Enforcing Provincial laws 243* 244 (10) Local and Private Matters '257 s.'J3 Education 170,' 240, 207 s. 1)5 Agriculture ^rp ss. 'JO-iUO Appointment of .Judges . . . 170, 222, 2 1'2, 243 s. 101 Establislmient of Courts ' 21o' 'II'-* s. 102 Dobts of the Provinces .....'.'..' 234 s. 105 Salary of Go vernor-Cleueral .... 104 230 242 s. 108 Public Property .' , ' '23-3 s. 10;) Provincial Revenues ' 2{'i S8. 110-110 Provincii)' ;bts .,.',,. s. 117 Power to take land 234 s. 121 Taxes un Canadian Products .... 235, 200 s. 122 Customs and Excise '23- s. 125 Taxation of Public Property . . . .' 235 200 s. 12(; Provincial licvenues ..... "'.".jj s. 12s Oatli of .Senators . o-'a Zr ,.,.,„,,. , ,. -•'.', .lot) s. _32 Ireaty obligations .,y^ Vic. c. 105 . liuperts Land Act • . " 27 "•-•« Vic. c. 11. . Mercliaut shipi)iug . ...... .' ." . '^tiH V le. e. 11 . . Naturalisation ... ■ • . . - j L. '>^ . . I.xtrarhtion . , . ,,,.^

t. M . . I’oreigu Enlistment Act . .w.^

c. 102 . Naturalisation . . ,’1

.1^35 Vice. 2.. . New Provinces. . 10, 142;22;). 230, 232.-233, 2^

L. 03 . . Privileges

«■ llt» . Merchant shippiu;; …… ‘. ‘. ‘. ” .^^y

31 & 32

32 A 3,3

33 A 31









;55 & -M) Vic.

c. 15 . .

;{7 & .■JH Vic.

c. 27 . .

158 & 31) Vic.

c. U.’J . .

c. 38 . .

c. 80 . .

C. 88 . .

42 & i;5 Vic.

c. 21) . .

c. 72 . .

■l:j A- 11 Vic.

c. IC. . .

c. 18 . .

c. 22 . .

c. 43 . .

41 & l.> Vic.

c. (!i» . .

•15 & K; Vic.

c. 7t) . .

K; & 17 Vic.

c. 3U . .

c. 41 . .

•17 & 18 Vic.

c. 31 . .

48 & 4;» Vic

c. 4!) . .

c. 71 . .

4;t & oO Vic

c. 33 . .

c. 35 . .

c. 48 . .

yd Vic. c. :i

y() ct 51 Vic

c. 51i . .


Treaty of Washington 208

Colonial Courts 208

Cop.yriglit 2G8

I’riviloKCs 117, 232

Mercliant shipping 2(18

Unscawortliy sliips 208

Jlarriages on sliips 208

Shipping casualties 208

Merchant shipping 268

Merchant sliipping 208

Mercliant shipping 208

Merchant shipping 208

Fugitive ollenders 208

Merchant sliipping 208

Companies llegister Act 208

Merchant shipping 208

Colonial prisoners 208

Telegraphs 2()!)

Evidence 208

Copyright 208

rrivileges 40, 142, 230

Medical Act 208

Submarine Telegraphs 208

Meeting of rarliament 52


1!) it 20 Vie. c. 140
20 Vic. c. 22 . . .

I’jlection of Councillors . .
Discjualilication of Members




31 Vic. c. 10. .
81 Vic. c. 25 . .
31 Vic. c. 311 . .
31 Vic. c. 42 . .
31 Vic. c. 43 . .
31 Vic. c. 41) . .
31 Vic. c. 52 .

31 Vic. c. 53 . .

32 & 33 Vic. c. 3
32 & 33 Vic. c. 4
34 Vic. c. 5 s. 4(i
30 Vic. c. 4 . .

I’ost Ollicc 2(14

Disiiualitication of Members 184

Department of Justice 20(1

Secretary of State li)3

Customs 197

Inland Revenue 11)0

Department of Public works 202

Department of Agriculture 208

Manitoba and N. W. T 41, 52, 72, 232

Dei)artiueiit of Finance 11)8

Regulation of banks 241)

Department of Interior 195



117, 232
i, 2,’50






. 204

. 184

. 206


. 197

. l’.)6

. 202

. 208

72, 2;i2

. 11)8

. 249

. 195

37 Vic. (!. 10 . . .

38 Vic. c. 2 . . .
38 Vic. e. 11 . . .

38 Vic. c. 16 . . .

39 Vic. c. 7 . . .

41 Vic. c. .5 . . .

42 Vic. c. 7 . . .

42 Vic. c. 7 . . .
13 Vic. c. 27 H. 17 .

43 Vic. c. 28 . . .

46 Vic. c. 6 . . .

47 Vic. c. 11 s. 4 . .

s. 9 . ,
.s. 10 .
.s. 15 . .
«. 10 . ,

48 & 49 Vic. c. 4 s. 11

c. 40 s. 7

49 Vic. c. 3 . .

K. H. C. c. 4 s. 3 . .

1!. S. G. c. 5 . . . .

ss. 11-32

ss. 33, 34
1!. S. C. c. (1 . . . .
K. S. C. c. 7 . . . .
11. S. U. c. 8 ss. 4-5 .

8. 20 . .

s. 42 . .

s. 96 . .

s. 98 . .
K. S. C. c. 9 . . . .
It. y. G. c. 11 s. 1 . .

.s. 6 . .

s. 9 . .

s. 9 . .

s. 17 . .

8. 18 . .

ss. 24-33
K. a. G. c. 13 . . .
s. 4 . .
8. 8 . .
H. 9 . .
ss. 19-23

8. 81 .

8. 83 .

ss. 84-99

ss. 121-123

K. S. G. c. 14 ss. 1,2.


. Elcctiuii Potitions . . .,’,’1

,, , ., , ■’40

. f^upiciuu .iiicl Exchequer Gourt.s . o^-^

■ f “l’^’^'”‘-‘ t^ourt ; ■„; 100,216

. Insulvency .^,

. Witnesses ‘ 7″

. Dis.iuiililiciUion of Members ….. ly^

. lleceiver-Gencral … ” inu

. Department of liailways uud Gaiiuls …. 204

. Eraiicluse iu X. \V. T ‘ ..^

. Indians -,■ .)fj

Iniliaus …. .,, .,,„

,^. ,, ob, 213

. Disquahlicatiou, Militia ^.m

■ Uisiiualilicatiou, Salary i2’j

. Disiiualilication of Contractors …. i-2’J

Disqualification, .Shareholders i^O

Dis(iualilicatioii, penalty ^.^q

(jualilication of voters ^.,^.

riace of votiii” … ,.,o

,,, . ■ • l-in

ijlectious ,.

Salaries of Ministers 184

Voters in 1’. E. I. and. B. C [ [ 126

Indian voters ,.,~

Ajijieals of voters ^^h

liepreseutation in N. \V. T 122 124

IJepresentatiou in N. \V. T 121 iO{\

Day of noniinati(jn i;jq

Qualilicatioii of Members 128 i;jo

Voters disqualified ‘ i2(j

Corrupt practices uj,,

Corrupt practices ^jq

Controverted Elections Act 137, i^y

Dissolution p,,,

I’ayiiient of Members iiy

Hisqualification of Members 129

lie-eleotion of Ministers i;j(j lyj

Officers disqualified ‘ i-jy

Qualiticatioii of Senators ‘ 145

Payment of Members .118

C^uililication of Members ….!!! 128

Disqualification, Members i-j,,

DeiJosit by Candidate _ i;ji

Issue of Writ ‘ ,’ ,

Deposit by Candidate ‘ I’jj

Elections, use of hags …. v’j,-

Elections, closing of Taverns …… 130

Corrupt practices 136

Expense of Elections _ I’.j,;

Absence of Speaker .139






11. S. C. c. 11 ss. 5-7 .

s. H . .

H. 12 . .

II. s. c. c. k; . . .

11. a, G. c. 17 .

s. 1 .

B. 11 .

S. 13 .

s. .-{.5 .

IJ. S. C. c. 17 s. HI .

a. r.i .

11. S. C. c. 21 . . .

It. S. C. c. 22 . . .

11. s. c. c. 2a . . .

11. S. C. c. 21 . . .

11. S. C. c. 2,5 . . .

1{. H. C. c. 2.S . . .

R. S. C. c. 28 s. 5 . .

R. S. C. c. 2′,) . . .

s. 21) .

a. -M .

s. ;ii .

s. 33 .

R. S. C. c. 32 . . .

R. S. C. c. 31 . . .

R. S. C. c. 35 . . .

R. S. C. c. 3C . . .

R. S. C. c. 3’J . . .

R. S. C. c. 11 . . .

R. S. C. e. 11 s. 10 .

s. 11 .

8. 12 .

s. 13 .

s. Ki .

s. 20 .

s. 21 .

s. 30 .

s. 32 .

s. 34 .

B. 5’J

8. 78 .

R. S. C. c. 13 . . .

R. S. C. c. 15 . . .

R. S. C. c. 50 s. 7 . .

s. 18 .

R. a. C. c. 50 ss. 20-23

s. 23

ss. 41-50



Vacating seat 141

Disquiilitication, Contractors 12′.l

Resi^’iiatiou 140

Hit,’li Commissioner 214, 215

Civil Service Act I’JO

When no examination 11)2

Deimt.v Head 1!>1

Deputy iJeaiVn duties I’.’l

Promotion 1!)1

E.xamination not required I’.ll

Exaniiiialion not reciuired 1″.I2

Minister of Justice 207

Tublic Printing 1′.<1 Dejjartment of Interior HKi Departnient of Agriculture 208 Marine and Fisheries 20'.» Treasury Board l'J8 Finance I'.CJ Audit of accounts 202 Payment of monoj 200 do. 201 do. 201 do. 202 Customs l'J8 Inland Revenue l'J7 Post Ollice 204, 205 Public works 202, 203 Exi)roprialiou Act 204 Militia Act lOi), 210 Leccc en viasxe 211 Persons exempt _ 211, 212 Active Militia 212 Period of service 212 Military districts 211 Roll of inhabitants 211 Claim of exemption 211 Making up Company 212 Substitutes 212 Calling out by oilicer 213 Service of Reserve Militia 213 Calling out Militia 213 Indians 214 Mounted Police 208 Councillors in N. W. T 75 Distribution of seats in N. W. T (j4 Councillors in N. W. T 75 Duration of N. W. T. Council 52 Courts in N. W. T 107, 108 211, i'A(ii;s . 141 . 1211 . 140 215 lUO 11)2 1!)1 1!)1 11)1 11(1 11)2 207 11)1 11)0 208 201) 198 I'M 202 200 201 201 202 11)8 11)7 204, 205 202, 203 . . 201 1C<), 210 . . 211 211, 212 212 212 211 211 211 212 212 213 213 213 214 208 75 G4 75 52 107, 108 TAIJLE OF STATUTES. xxlx It. h. C. c. ;j3 . . . Kcowatin Act ^(j It. S. C. c. 135 . . . Supreme and Excliequcr Courts -iK; ss. 23-31 Ai)pullatG jurisdiction 2I8 s. 3.S . Private liills .'.".' 218 s. 70 . Appeals from Excluvjucr Courts 2I8 ss. 72-74 Validity of provincial laws .... 219 It. S.C.c. 135 ss. 00-75 Supreme Court . 2'-'0 c. 135 s. 71 . Appeals to I'rivy Council . . ' • • • -^^ It. S. C. c. 138 . . . lieniovalofjudKes .".'.' 170 K. S. C. c. 138 . . . ApiHiiutmeiit of judges . . ' 22'>

li.S.C.c.l74 . . . Justices ; ; \,^^ ^^^

“■ ^7” • ■ • J” lort

c. 178 . . . ao

4!) A ,50 Vic. c. .,

‘^- i’-i ■ ■ ■ . Parish Courts ‘ ‘ <)<) 44Vic. c. 12. . . . Supreme Court ' '|q', ^[y, 45 Vic. c. 21 . . . . yiialilications of Members . . " ' ,ii -••>

•19 Vice. 9 …. Supreme Court . . ‘ ” ‘ ‘ .t

^- ^° ■ • ■ . County Courts ^^.



. 74

01, ()3
50, 52
. (;2
09, 70
. 57
. 00
■ 98
. 97
. 98

• 97

• 97
. 219
. 02
. 97








48 Vic. c. 2 s. 7 . . . Electoral divisions iiS

Ontaiuo Kkviseu Statutes, 1887.

Qualilication of Members 01

Franchise 01

Electoral divisions 03

Duration of Legislature 52

Dissolution 50

Disqualifications of Members 02

Qualitications of Members 00

Eesignatiou of Members 71

Speaker of Assembly GC

Privileges 08, 70

(Quorum 00

Payment of Members 53, 54

Annual sessions 52

Devisee Commission Court 1)5

Appeals to Privy Council ‘,)0

Court of Appeal ‘JO, 21’J

Maritime Court yi

Court of Appeal n

44 A- 45 Vic. c. 7 .s. 1 . . Duration of Logisluturo ……. 52

s. 2 . . Dissolution r,Q

49 d’ 50 Vice. 97 s. 4 . . .Vppointmcnt of Councillors . .’ .” .’ .” J4

s. 4 . . Disqualification of Members 02

s. 7 . . Speaker ,,,.

s.s. 23-27 EcsiKuation of Mcmber.s ……. 71

ss. 40-50 PrivilcKOS ‘ ‘ ^.^

.ss. 70-74 raymcnt of Members . . . ‘ ‘ ” ” ‘r,.^r.

”•’ ^’i”- c. 11 Superior Court . … ‘ ‘ „

Civil Code of Procedure, Art.s,. 18,4 Court of Poviow . ….”.’* .’,1

105.S-10.5h Circuit Courts ……. \)0

1114-1110 Api)eals to g. JJ .jj

nxi do ‘ ■ ■ ,,1

llHH-llsi) Commissioner’s Court 89

1210 Justices j^jj

1217 Recorders ^,j

1218 Trinity House .’ g,,



Can. S. C. U Supremo Court of Canada.

Cart Cart\vrii,’ht’H cases dt’eided on tlio H. N. A. Act , 1 Hfi?.

l>()r. App I >i >rion’s {^uclicc Appeals— Queen’s Bench, (Quebec,

Apjw’al Side.

Grant (Jrant’s Chancery llcijorts, i ‘ntario.

Ihinnay Hannay’s Reports of the Supreme Court of New


li. C. J. Ijower Canada Jurist.

Tj. N r.eKal News, Quehec.

Ont. App Pu’ports of tlio Court of Ajipeal of Ontario,

Out. Hep lieports of the Hi^,’h Court of Justice, Ontario.

Put,’ I’liKslcy’s Kejiorts of tlio Huprenie Court of New

\’»ii. and B PuKsley’s and Burbidf^o’s Reports of the Supreme

Court of New Brunswick.

Q. li. U Quebec Law Reports.

R. and C Russell and Chesley’s Rojjorts of the Supreme

Court of Nova Scotia.
R. and O Russell and (Jeldert’s Reports of the Supreme

Court of Nova Scotia.

IT. C. C. P Rc])(»rts of till’ Court of Conmion Pleas, Ontario.

U. C. (i. B Reports of tlu! Court of (Queen’s Bench, Ontario.

Steph. Dig Stephen’s Dif^est of Quebec Reports.

:d to.


[.A. Act, 1807.
iench, Quebec,

Court of New

3, Ontario.
Court of New


■ tlie Supreme


tlio Supreme


tlic Sujjreme

eas, Ontario,
null, Ontario.

■^”-“” ^”””” “‘”1 C-‘”^'””! <'f the C.MstituliuM l.y Sir W. !'• Aiisnn. ().\ti)i(l, i,sM(;. ' • ^' liiitish ('(.IiiiuMa. "■*'• ^"'""'- ''"' ■'''"' Consoli,latni S.atut,.. .„■ lintisl. Clun.biu. \ ictnria, |s77. ';■ ■"^■. •'^' •^'■' '''•"'•'^'i ^'''ill' AnHricaii Act, Isi;?. '""""" I'.irlianu.ntar.v JT.,..,.,luro an.l J'nuti,... i,, ,|,, J)onmii,mor(',um,l,tl.v.). (i. |!„unnnt. M.m- tival, iM.si. C. (). lUwdations Col,,,,,-,,! Olli,,. i;..,M,lation,. "'•"■"•""'"" ^'f'""'^' 1-1"- "'• th. i>o,„ini„n of Canmla

I.s72-H,s. ”’

‘”” ^”‘”■’^ ”’■’•’•'”l “” “‘<■ I!. N. A. Act IHCT, in tl„. 'nv;y C.uncil, S„pn n,. Court of Canada a.,,1 (,, . ""-■ 1 '"Viiidal .ourts. Toronto, \hh->.

‘” ”tr’Vlrr^””’™”^’–^^’–”’.

C S X 3 1’r;'” •;’ r’ 1–‘”- “‘■^-cr Canada.

” ”~;,f””-”-”^-”’.’te.lo- H.J. Morgan.

*'”~ “”^'”•^ ‘1″ Canada .l.,nus sa doc„nv..,,o j„s,u-^

^”, ””^toncal and stati.stical account of Nova

^Seotia by Thomas C. llalihnrton, 2 Vols

iifilifax, 1829. •

^^■^’^^^^^ Manitoba.

‘;:;■ ‘”””‘• ”^’ ^ ^ ^–”’^”^- «’»tut.. of Manitoba, ,.80


>.-iKo o. I arhannnt by .Sir Tbon.as Erskino

IV -r



N. H Now UrnnRwick.

N, H Nova Scfitia.

N. S. Rev. Htrtt ‘I’lic Itcviscd Statut.’s of Ndvu Scotia, IhhJ.

N. \V. T North WcHt Territories.


O. R. S Tho Ucvisfd StatntcH of Ontario, 1H87.

P, i;. I Prince KdwardH THlniul.

P. K. I. Rev. Htftt Tlir Hivised HtntiitcH of Prince EdwardV iHlaiid,

P. C Privy Council.

Q Qiiclx’f.

R. M. C Tlic Kfvisod StatutcH of Canada, IHHC.

H. O StandiuK OrderH.


. »■


, 1H87.
KilwarcVrt iHlaiid,




O.N il… Is, .lay of July in ,h.. ,.n,s,.,.( ynxr (IS.S.S) ,|„,
U.Kulm.. r…K..alinM attai.H.I its n.ajon.y ; ,wn,(v-on,. v.ars
hav.nu- ..|a,.sc.(l sincr hy u,. o,,!.,- ],. Council tlu, Pn.vin.vs
Of nuumn, Q,H.bec, Nova 8cutia a.ul N.u- Br„uswiH< w..,v fonn..d,n,.. ,lu. ])onuMiou. Twcnty-on. y.a.s is no. a lo,,.- ponod uMlu. lii;. Ola State, and it is not to In. ..p.,,.,.i| thHMh.. Cons,i„„i..„ ,.,■ Canada will pn.vo as instrucivv a -. .|..'t of stu.ly as that ..f ,!,.. Unit..] States with its hund.vdyoars of on.uth and d.velopn.ent. JJut in n.any resprrts the Canadian C.n.stilution oliers u speciaJ li.jd tl,r the n„,unv... I, is a snccessfnl efto.l to solve the pn.bh.n, Of uniting.hstuH.t states or pnninces under a eentral ..ovorn- ment A sin.ilar task had already presented itsd^ to an £i'k1is1> sp..akino. p,,opk, but the conditions of the probk.n

soKvd u, Canada dim.red in n.u.y rospects iron, the eondi-
^ons ,ha, lae,..l Washington and his associatos. While, the

AnH.ru.an States ha.l to ereato not n.erely a eentral govern-
ment but a governn.ent which, within the lindts h.i.l down,
should be supreme, the Canadian Provinces had to o.^ani.J
a . nion subject to a supren.e Executive. Legislature and
Jtuhcature all of which already existed. The txcvutive su-
F-nacy of the Queen, the legislative power of the Lnperial
Parlnunent, and the judicial functions of the Priw Council


Tg l **^.

-uinu., ., jusawian





and U. S.

remained unaffected by the Union, and this to some extent
simplified the work to be done.

It has been more tlian once stated tliat the Canadian
Constitution is a mere copy of the American. Such a
statement is very far fr(jm the truth. That the frameis
of the Quebec resohitions adopted portions of the Amni-
ciiu system is undoubted, but evi’ry care was taken to avoid
tlios(.’ weak points in tliat system which the experience
of Real’s had bi’ought to light. “We can now,” said Sii’
John Macdonald when moving in the Legislative Assembly
of Canada the reso’mtion in f’av(»ur of the Union, “take ad-
vantage of the experience of the last seventy-eight years
during which the (U. S.) Constitution has existed, and I am
strongly of belief that we have in a great measure avoid(‘(l
in this system wjiich we propose for the adopti
referred to latei’ on.




some extent

the Canadian
can. Such a
t the t’ranier-
i)t’ the Anu’ii-
taken to avoid
the expeiienci:
now,” said Sir
ative Assemhly
lion, ” take ad-
ity-eight year-
listed, and 1 am
iieasure avoided
idoption of tlu’
lid events have
” The election
independence nt
ministers ami ft
(jovernnient nt
e of legislative
ijiortant chaiac-
But in)t one III
The Executive’
iti’d in Canada
■own), who is tv-
[sponsible to tin
ly are given l”
er being lod,^vll
Int, i’or the bedii!
powers of till
ridits had becii
•eat Civil War,
itntions will 1)’

The English Constitution and the Constitution of the
different North American Colonies at the time furnished
many suggestions which were embodied in the Act of Union.
The House of Lords was taken as the type of the Senate
or U])per House, nomination for life being substittited for
the hereditary principle. Tht’ practice of introducing money
bills in the HiHist^ of Commons on the .id\ice of a minister
was adopte
ieneral is ap-
pointed by the
le prineiple (»t

is by consli-
linisters those
‘ the H(juse ot

ui-e similar tu
{ the English
m Act makes
!anadian Privy

xl interests the
adviee of lii>




ministers. Ffis power is theref(»re of a iiuicli more liniitecj
nature than that enjoyed by the President of the United
States. The Piv.sident durhig his term of othce may art
inde[)endenlly of his ministers, who are to be regarded rather
as heads of departments than as advisers uf the Chief of the

The Canadian Parlianient has fidl i)o\ver to legislate on all I’owoisof

T > r’ 1

matters not assigned t(j the Provinces, and not directly or tion.
indirectly reserved to the Imperial Parliament. Twenty-nine
classes of subjects are enumerated in the Union Act of l.S()7
as within the legislative competence of the Dominion, but it
is expressly declared that such eiuimeration shall not restrict
the general power given “to make laws for the peace, order
and good government of Canada in relation to all matters not
coming within the classes of subjects assigned e.xclu.sively to
the legislatures of the Provinces.” The enumeration of specific
subjects is therefore to be taken by way of illustration, oi’ as
throwing light on the specific powers assigned to the pro-

The Dominion legislature is restricted not merely by the
provincial powers but by the express and implied reservations
in favour of the Imperial Parliament. No duties as be-
tween the different jjrovinces can be imposed by the Dominion,
nor can the Dominion alter the leading principles of its Con-
stitution. In such matters the In^jerial Pai’liament alone
can take action, and when, for example, it was thought de-
sirable to })rovide for the representation of the North West
Territories in parliament, an Imperial Act had to be ob-
tained giving the requisite power to pass the necessary

Com))aring the powers of the Dominion Parliament with Dominion
those of the United States Congress the chief differences are meut’and

as follows: U. S.

1. The only portion of Criminal Law delegated to Con- l-^Crlmi.




grcss relates to counterfeiting securities and current coin of the

nal Law.






2. War.

;{. stiitc



United States, and to the definition and jtunishmcnt of pira-
cies and felonies connnitted on the high seas, and of offences
against the law of nations; whereas in Canada the whole
Criminal Law, except the constitution of Courts of Criminal
Jurisdiction, is practically within the jurisdiction of the
Dominion. This course was adopted not from any distrust
of the provinces, but from the desire to secure a uniform
criminal code throughout the Dominion, so that a citizen
in whatever part of the Confederation he might be would
always know what was his position in regard to the Criminal

2. Congress can declare war, a power that in Canada
belongs to ti.o Crown.

8. In the United States the powers not specifically dele-
gated to the United States are within the jurisdiction of each
State : in Canada the powers not s})ecifically given to the
Provinces are reserved to the Domiuiou. The Canadian prin-
ciple was adopted with the express object of strengthening
the central government, and of preventing any ([uestion
arising as to ” state rights ” or to the sovereignty of a pro-
vince. The exercise of the power of the Governor-General
to veto a Provincial bill, on the ground of its infringing the
settled policy of the l)(jminion, has however brought about a
confiict between Manitoba and the Dominion, though such
conriict tends to be peacefully settled.

4. Certain restrictions exist on the legislative powers of
Congress that are not found in Canada. That direct taxes
should be in proportion to the census, or that no ex jjost
facto law oi- bill of attainder should be passed, are principles
binding on Congress but not on the Dominion Parliament.

5. Thei’c is another class of restrictiliunl)ia

I’rJMt^o Edward’s Island

Koowatin )

Nortli-West Torritury and Islands^

Hinmro miles.




1 hs,(;hh
















Originally tho Dominion was composed of tlic Provinces
of Ontario and Quebec (previously known as Upper and
Lower Canada respectively), Nova Scotia and New Bruns-
wick. By an Imperial Order in Council’ dated the 28rd
June 1(S70 the North West Territories were ceded to the
Dominion as from tho loth Jidy 1(S70, and a Canadian Act
(33 Vic. c. 8) formed out of these territories the new Pro-
vince of Manitoba. British Columbia was admitted into the
Dominion as from the 20th Jtdy 1871 by an Order in

‘ See Appendix.





suitl !i Viist
tlu’ North

Council’ (latod the IGth May 1S71, and Prince Ivlwanl’s
Island was admitted as t’roui the 1st July IHTU by an UnUr
in Council’ dated the 2(iih July l.S7:{. In l>S7(i the District
oC Keowatin was carvoil out of tho North West Territories,
‘1 received a special form of government under the direc-
,1 (if the Lieutenant -Covernor of Manitoba. My the British
North American Act l)SU7 provision was made for the
iidiiiissidii of Newfonn(lland, but it still remains ‘i separate
(■(ilniiy, though there is at present a movement iii p-‘ogrcss in
llie island in favour of ITnion.

Tlie following brief outline of the Constitutional history
el the various I’lov inees may prove useful lo the stmleiit.

I. Ontario and Quebec.

After the coni[uest of Canada and its cession to England Constitn-
, , •, 1 • r \f 1 • 1 w /% /• 111 tion of tho

the capitulations or Montreal in 1700, conhrmed by the Pnivince

tyof the lOth Feb. lUi:], the Crown by Letters i)atent °^^^””'””’•
l,. ..stituted tho Province of Quel)ec. General Murrav was
appoi’ited Covcrni>r, and he was ordered to execute his othce
according to his commission and the accompanying instruc-
tions and such other instructions as he should receive, and
according to all laws made with the advice and consent of
the Council and Assembly. Power was given to him, with
the consent of the Council and as soon as the circumstances
would ])ermit, to call an assembly of the free-holders and
])lantcrs, and until this was done the Governor and Councdl
were invested with ” authority to make; such rules and regu-
lations as should appear to be necessary for the peace, order
and good government of the Province.”

The Instructions recjuired members of the proposed No ns-
assenibly to take in addition to the oaths of allegiance and j^gt ‘
supremacy a declaration against transubstantiation, but the
French popidation who were Catholics refused to take such







See Appcmlix,

■y .1 -^







tiiiiity of

tests, and tho assembly though formally summoned never
met*. The government therefore remained in the hands of
the Governor and the Council.

The Council consisted of the Lieutenant-Governors of
Montreal and Three Rivers, the Chief Justice, and eight
others chosen from the residents in the Province ^ It pos-
sessed legislative as well as executive powers: the Crown
retaining the right to disallow all laws.

Great uncertainty prevailed aw to what laws were actually
in force in the Province. Some thought that the etfect of
the conquest and of the proclamation of the 7th Oct. 17G3
was to establish the law of England in all its branches,
the French settlers maintained that the old Canadian laws
remained unrepealed, whilst some of the leading lawyers
held that the result of the proclamation was to introduce the
Criminal Law of England and to confirm the Civil Law of





The Government of Quebec retained the above form
until 1774 when the English Parliament gave a new Con-
stitution to the Province by an Act known as the Quebec
Report of Act’. Previous to the passing of this Act the Crown by
ftiul Wod- Order in Council had directed Attorney-General Thurlow
(Icrbiune. ,^^^ Solicitor-General Wedderburne ” to take hito considera-
tion several reports and papers relative to the lan^s and
courts of judicature of Quebec and to the present defective
mode of government in that Province and to prepare a plan
of Civil and Criminal Law for the said Province and to make
their several reports thereon.” On the reports made in pur-
suance of these orders the Quebec Act was based*.

The new constitution recognised the religion of tho
French pojiidation by relieving Catholics from the necessity
of taking the test oath, and enacts that tho English Criminal

• Christie, i. p. 50.
•I U Geo. III. (i) c. s:i.

– Garnoau, ii. p. 87.
■• Christie, I. p. 27.



If ‘n’



cd never
hands of

ernors of

ind eight

It pos-

he Crown

re actually
e effect of
Oct. 1763
, branches,
adian laws
ig lawyers
troduce the
ivil Law of

above form
new Con-

the Quebec

t Crown by
al Thurlow

|o considera-

e la’^vs and

nt defective

pare a plan

nd to n\aki>

ladc in pur-


rion of tiu’
[he necessity
lish Criminal



law was to prevail in criminal matters, but as regards pro-
pcrtv and civil rights recourse was to be had to the laws
of Canada which were based on the customs that the French
settlers had brought with them. The legislative power was Tho Lcsis-
])l;ic(‘d in the hands of a Council appointed by the Crown, comuiil.
ruiisisting of not more than 28 and not less than 17 persons.
Xi) ordinance was to bo passed unless a majoi’ity of the
Cill iutro-
vince into Upper and Lower Canada, the line of division j.’j’^^’ ”^
being so drawn as to give a great majority to the British
clement in Upper Canada and a great majority to the French
j settlers in Lower Canada. The measure was strongly opposed
by Fox, who urged that the separation of the English and
Ficufh inhabitants was most undesirable, and that general
and ]iolitical expediency required that the French and English
should coalesce into one body, so that the diflPerent distinctions
of the people might be extinguished for ever. Many Cana-
fhans were opposed to the principle of the bill, and their



‘ Christie, i. ji. (is.


\ r\




Tho Con-
Act, IT’.tl.


The Legis-

success of
llio Con-


agent, Mr Adam Lymburner, a merchant of Quebec, was
heard at the bar of the House of Commons.

The Act was passed, and is known as the Constitutional
Act of 1791′.

The Act divided Quebec into two provinces, Upper Canada
and Lower Canada. In each province the k’gislature was In
consist of the Governor, a Legislative Council and a Legislat.i\c

The Governor had power to give or withhold the roynl
assent to bills, or to reserve them for consideration by the
Crown. He could summon, prorogue, or dissolve the legis-
latui’e, but was reijuired to convene the legislature at li’ast
once a year.

The Legislative Council in Upper Canada consisted (4
not less than 7, and in Lower Canada of not less than 1.)
members, chosen by the King for life, the Speaker being
appointed by the Governor-General.

The Legislative Assembly was in counties elected by 40,9.
freeholders, and in towns by owners of houses of £’> yearly
value and by resident inhabitants paying £10 yearly ri’ut. Tin
number and limits of electoral districts were fixed by the
Governor-General. Lower Canada had 50 members, Up])tr
Canada 1 6 members, assigned to their respective legislatuix-s.

The new Constitution did not prove a .success. Serii^ib
differences aro.se between the Legislative Council and ihc
Legislative Assembly in regard to the control of the reveiiui
and sup})lies, differences which were aggravated by the cdii-
flict that still went on between the French and English n\vv<. The state of Canada was brought before the House i'. Commons, but the House rejected the proposal to make aiiv radical changes. The discontent resulted in the rebellioi, of 18.37 — 8, and an Act was passed su.spending the Constitu- tion of Lower Canada'', and under its provisions a specia. 1 31 Geo, III. (i) c. 8L -' 1 S: 2 Vic. (i) c. !». I NCES. ONTARIO AND QUEBEC. 19 icbcc, ^vi^s istitutional per Canada ,t>nv was t.i

1(1 the royal
{‘urn l>y <^"' e the k'gis- ture at U'ast consisted of less than !•') pcaker boin;; Icctcd by 40,9. i of £o yearly u-ly rent. TIk fixed by thr mbcrs, Upinv c legislatures. cess. Serious mcil and iho jf the reveiiui | (1 by the con- 1 English races, the Honse of 1 to make any | the rebclliou the Constitu- Isions a special | Council was appointed to administer the province. Lord Durham was appointed Governor-General, and was intrusted witli large powers as high Connnissioner for adjusting the it'latious and government of the two provinces. On his arrival he dissolved the special Council and ap])ointed a lu'W executive, and then proceeded to examine into the causes of the failure of the Constitution of 1791. The result (if his iucpiiries was embodied in the famous Durham re]iort )iri<(iite(l to Parliament in 1839, in which he reconnneiided the union of the two provinces and the introduction of iv<|iunsi])le government. Lord John Russell brought forwai'd II liill to carry out the former of these recommendations, luid the Iiill became law on July 23rd, 1840'. This Act imitod the two provinces and established a Legislative Council of not le.ss than 20 members, appointed tor life by the Governor, and a legislative As.seuibly of 84 iiKiiiliers, eousisting of an ecpial nundx'r from Upper and bowel' Canada. Toronto, Montreal and Quebec were to return two niend)ers each, certain other towns and the county ronstituencies one mendier each, power being given to the (loveiiior to fix the limits of the constituencies. The number of i'e|)resentatives was not to be changed without the con- currence of two-thirds of the members of each House. A real property ([ualification to the amount of £500 was re- quii'e(l of all members of the Assembly. As regards the revenue and expenditure certain fixed charges, amounting to about £75,000, were thrown on the con.solidated fund, and all other expenditure was placed within the control of the Assembly. It only remained for the home Government to give effect I to that portion of the Durham report which recommended the introduction of responsible government, and in a Despatch Tlic Union Act, IHIO. Responsi- ble (.jovoni- mout. ! '•* 'i !i>




‘ H & 1 Vic. (i) c. 85.



s iuul ti)
>rs. ‘Vhv
itioH two

itivo and
in which
a sopara-
he execu-
ted ill the
i32. The
lit, and ill
itht’ Lieu-
not ex-
uncil, not

to Nova
the Com-
3otia until

but sub-
eil possess-

:o. 20, p. 3′.).
Jour., N. S.,



( t]

ini;’ executive and legislative functions. Power was given to
MUinnon an assembly, but such assembly wa.s never called,
ill hS20 the island was re-annexed to Nova Scotia’.

The constitution of Nova Scotia, save as expressly altered
by the B. N. A. Act, 18G7, remains practically as it was at the
time of the union.

Though Nova Seotia was the first jirovince to projiose Confrdc
confederation, the Government, (K’terred by the unfavourable
result (jf the elections in New Urunswick in March, ISG-),
took no step to bring the Quebec resolutions before the
Legislature until LSG6, when a resolution in favour of con-
federation was carried by 31 to 15.

3. New Brunswick.

The present province of New Brunswick was originally
part of Nova Scotia. In 1784 it was made a se])arate ])rovince,
and hi the following year the government was entrusted to a
G(jvernor and a Council possessing legislative and executive
functions with power to call an Assembly of the freeholders*.

The first Governor was Colonel Thomas Carleton, who re-
mained in office until 1803. After he retired the govern-
inciit was carried on by the President of the Executive Council,
who during the war with the United States was a military
and not a civil officer. In ‘818 a regular Governor was
a])pointed. The Council continued to possess legislative
power until 1832, when a separate legislative Council was
ajipointed. The executive occupied a very independent posi-
tion, as the territorial revenue of the Crown was sufficient
to defray the expenses of the civil list. The refusal of the
executive to give the Assembly any return of the receipts
and expenditure of the revenues from the Crown lands k’d

‘ See Despatch of Earl Bathurst and Proclamation of Sir James Kempt,
Jss. Jour., N. S., 1841, App.

– Sec Commission of Gov. Carleton, Can. Sess. I’aiJcrs, 18H3, No. 70,
1). 17.




.t< l! ^! if .It.,-- IBM Control of iinuiicc. llcHponsi- blo govorn- muiit. Federa- tion. t ' •i ■ I 2G CONSTITUTIONAL HISTORY OF TliE PIIOVINCES. k) II (lL!|)utation being sent to England to retjiicst that thu control of the public revenues be vested in the Assembly. The Colonial Secretary complied with the request, and issued instructions to the Governor and Executive Council to sm-- render the territorial revenues in consideration of the grant by the Assembly of a liberal permanent civil list. The next step taken by the Assembly was to establish the responsibility of the ministers to the Assembly. In 1847 Earl Urey as C/olonial Secretary forwarded a despatch to the Governor of Nova Scotia defining the theory of responsible government as applicable to the provinces. He laid down the principle that the executive councillors who directed the policy of the government should hold office only while they retained the confidence of the House, and that all govern- ment officials should be excluded from both branches of the legislature. In the Ibllowing year a resolution asserting the application of the above principles was introduced and })assed by a large majority of the Assembly, and from that time the responsibility of ministers was fully recognised. The Quebec resolutions for effecting a Confederation of the Provinces were brought before the people at the general election held in March, 18G5, but a majority of the new Assembly proved hostile to the scheme. In the following year the Legislative Council passed a resolution favourable to the Union, and the ministry thereupon resigned. A general election immediately followed, and on the 30th of June a resolution in favour of confederation was carried in the Assembly by 31 votes to 8. A similar resolution was passed by the Legislative Council. 4. Manitoba. By section 146 of the British North American Act, 1807, power was given to Her Majesty in Council, on address from the Houses of Parliament of Canada, to admit Rupert's Land and i'i jif MANITOHA. '17 b Iho inbly. iss\iL'(l J s\ir- graut sh the I 1847 to the onsiblo »wii the ed the le they goveni- i of the ting the I passed time the •ation of general he new [oUowhig irahle to general June a in the ,s passed ^t, 1«07, Ifroni the Laud and the North West Territory, or either of them, into the Union on such terms and conditions in each case as shoidd be ex]tress(-'d in such addresses and as Her Majesty shoidd approve, subject to the provisions of the Act, and it was further dechu'i'd that any Order in Council in that behalf should have the force of an Act of Parliament. In liSG7 the Canadian Houses of Parliament adopted a A'ln'i^'^'on joint address to Her Majesty praying for the admission ot the 'ivni- above two territories into the Union: but it was found that the then existing charter of the Hudson's Bay Company which owned and enjoyed certain lights over a jjortiou of the territory in iiuestion, would prevent full powers of govern- ment and legislation over Ilu])ert's Land and the North West Territory being transferred to the Canadian Parliament. To remedy this state of things the " Rupert's Land Act, Kuptrt'^ ISO'S,' was passed, enabling the Hudson s Bay Company istis. to surrender to Her ^lajesty and Her Majesty to accept a surrender of all their lands and rights enjoyed undei' their Letters Patent, provided that the terms and conditions on which Ru])ert's Land was to be admitted into the Dominion should be approved by Her IVLajesty and embodied in an address from both Houses of the Dominion Parliament. The details of the surrender being settled a second addi'css was presented to Her Majesty in l.SG!), and on the 24'tli Jtme, 1870, it was by Order in Council" declared that from the l.')th day of July, 1870, the North West Territory and Rupert's Land were to be admitted into and become [)uit of the Dominion. The admission was made subject to the terms and con- ditions contained in the addresses, but on looking at the addresses it will be found that the hrst address relating to the North West Territory contains only two clauses of impijrtance, viz. (1) "the Government and Parliament of Canada will be Condi- ready to provide that the legal rights of any corporation, com- 1 31 & 32 Vic. (i) c. 105. ^ ,See Appendix. \'% ■ ■a .. *-^ r . I: 28 coNsriTiirioNAh history (»r Tin: i'unviN( i:s. i| l'7l %\ IjC(,'islii- tivc power ovor tho Tcni- torit'S (ukI llupt'it's Land. Provision tor K<)- verument piiii} or iiidiviiliiiil within tlic suiiic shall he rcs|K'('l((l ami placed uikIlt tlu' prutectiou of courts of coiupclt'iit juris- diction." (2) "That the ciaiins of thu Indian tribes to compensation for land rc'(|uiro(| lor pur])oscH of the settlement will be con- sidered and settled in conformity with the e(|uitable prin- ciples which have unifoiinly ^'overned the British Crown in its dealings witli the aboi'igines." The second address relating to Rupert's Land dealt mainly with the rights reserved to the Hudson's Bay Comi)any, but 8tij)ulated that claims of Indians to comjiensation for land required for ])uri)oses of settlement should be disposed of by the Canadian Government in communication with the Im- perial Government. From the date of the admission the Canadian Parliament acijuired legislative power over the newly admitted territories. By the Order in Council it was declared as regards the North West Territory that "the Parliament of Canada should from the day aforesaid have full power and authority to legis- late for the future welfare and good government of the said territory," and such Order in Council has by the British North American Act, 1867, the force of an Act of Parliament. As regards Rupert's Land the Order in Council was silent as to legislative power, but by the Rupert's Land Act, 18G I
government of Her Majesty’s subjects and others therein.”

Previous to the surrender of the North West Territories
an Act was passed by the Dominion Parliament providing

» 31 & 32 Vic. (i) c. 105, s. 5.




I • ”






of the


lor their temporary ^fovennneiit, innl the first liieiiteiiant-
Oovei’iior was apiioivted in 1S(!!». ‘riic uiithreak of the iii-
siirrcctioii aiimni^r the half’-hreeds prexcnted the Lieutenant –
(Invern((r exei’cisiii^f any of his functions, ami iniineiliately
after the rebellion was over an Ai’t was passed to estahlish
a new province carved out of the North West Teriitoiies,
under the nanie of Manitoba. A constitution, siniilai’ to Mimit<'''ii. that existing in the other ]»rovinees, wa.s conferre<| on the new |)rovince, and tiie first leL(islature was elected in 1S7I. 'I'he province is dividi'd into four counties, and these are subdivided into twenty-four districts or divisions for legis- lative, judicial and electoral purpo.sc8. 5. BUITISII COLUMIUA. British Cohunbia, the largest of the Canadian provinces, cannot- be said to have ha



See Appendix.



1 ;\l’l







, 1


ti(in of IP-

6. Prince Edward’s Island.

Prince Edward’s Island, the smallest province of the
Dominion, oi’iginally called St John’s Island, until 1770
formed paT’t of Nova Scotia. The first Governor was Walter
Patterson, and by his commission* he was required to execute
the duties of his office in accordance with his commission,
the royal instructions, and such laws as might be passed by
the Council and the Assend^ly. The Council possessed both
executive and legislative functions, and the Governor and
the Council were empowered to call an Assembly of the free-
holders and the planters. After the first Assembly was sum-
moned all laws were to be passed by the Governor, the Council
and the Assembly, a power of disallowance being reserved
to the Crown. The Governor was authorized by and with
the consent of the Council to constitute Courts of Justice
“for the hearing and determining of all causes as well criminal
as civil according to law and eipiity,” and full power was
given to appoint judges, commissioners, justices of the peace,
sheriffs, and other officers and ministers for the administration
of justice”’. The Governor had also the right of pardoning
criminals and presenting to benefices: of levying forces for
the defence of the island and of erecting castles and forts:
of disbursing public money for the support of the govern-
ment and of granting Crown lands.

The first Assembly met in 1773 and consisted of IS

In 1839 the Executive Council was separated from the
Legislative Council, and in 1802 an Act was passed makuig
the Legislative Council elective.

In 1S47 the Assembly adopted an address to the Crown,
ri>])rcsenting that the Lieutenant-Governor alone should be
responsible to the Crown and Imperial Parliament for his

1 Can. Ress. rnpcrs, 1S83, No. 70.

– 11.. p. i.







c(\ by

I both

r and

L’ frec-

s smn-



(1 with



ver was

L> peace,


rci’s for
(I forts:

\i\ of IS

[rdin the


lionkl be

for his

acts and that the Executive Council should be doomed the
constitutional advisers of Her Majesty’s representative.

Earl Grey in a despatch to the Lieutenant-Governor in
January 1849 pointed out, that the introduction of responsible
government in a colony depended on the increase of the coni-
immity in wealth, numbers and importance, and expressed
the view that the conditions which would warrant tho in-
troduction of responsible government into Prince Edward’s
Island wore wanting.

In a suKsequent despatch Earl Grey intimated that if
the other expenses of government were defrayed by the
Island the home Government would provide the salary of the
Governor. The Assembly offered to accept the suggestion
provided the Crown surrendered all claim to the quit rents
and Crown land;, and conceded responsible government. The
latter condition Earl Grey refused to grant and the Assembly
thereupon adopted the expedient of refusing supplies. This
course proved successful and in 1851 the concession was

The proposal to unite all the provinces in one Confedera- Federa-
tion was not received with favour in Prince Edward’s Island.
After the Quebec Conference public meetings were held to
protest against the Island joining the Union and in the
Assembly only five members were in its favour. In the
following session (1866) the Assembly i’>.olved that ” this
House cannot admit that a federal union of the North American
Provinces and Colonies which would include Prince Edward’s
Island could ever be accomplished on terms that woidd prove
advantageous to the interests and well-being of the people of
this island, separated as it is and must ever remain, from the
neighbouring provinces by an immoveable barrier of ice for
many months in the year.” The ([uestion continued to be
discussed in the following years, and at length in 1873 the
Executive Council adopted a minute that, if liberal terms lA’
union were otfered, the Government would dissolve the As-
M. 3


; t

( t

1 1-



(ii; “y^mff

M-Biiii*”* i« II


> ) I >

of the


sembly in order to give the people an opportunity of deciding
the question. Delegates were appointed to meet the Do-
minion Government and certain terms and conditions were
agreed to. The Assembly was dissolved but the new House
passed a resolution to the effect that the terms and con-
ditions proposed did not secure to the Island a sum sufficient
to defray the requirements of its local government. A com-
promise was ultimately arrived at, and the House unanimously
resolved to present an address to Her Majesty to tuiite the
island with the Dominion. The necessary Order in Council
was issued on the 26th of June 1873′, and the Island was
declared to be a province of the Dominion from the 1st day
of July of the same year.

The principal terms and conditions were : —

(1) That the Island not having incurred a debt equal to
50 dollars a head of its population, i.e. of 4,701,050 dollars,
should receive from the Dominion interest at 5 per cent,
per annum on the difference between the actual amount of
its indebtedness and the above amount.

(2) That as the Government of the Island held no lands
from the Crown and therefore enjoyed no revenue from
that source for the construction and maintenance of public
Avorks, the Dominion Government should pay by yearly
instalments to the Government of the Island 45,000 dollars
yearly less 5 per cent, on any sum not exceeding 800,000
dollars which the Dominion might advance to the Island
for the purchase of land held by large proprietors.

(3) That in consideration of the transfer to Canada of
the powers of taxation mentioned in the B.N.A. Act, 1867,
the Dominion was to pay the Governmunt of the Island
30,000 dollars and an annual grant equal to 80 cents per head
of its population as shewn by the census of 1871, such grant
to increase as the population increased until it reached 400,000.

(4) That the Dominion should assume the following

1 Sec Appendix,






be the
id was
Lst day

jqual to


er cent.

nount of

charges, the salaries of t^^i Lieutenant-Governor and the
judges, the charges in respect of ciistonis, post-office, protection
of fisheries, niilitia, lighthouses, shipwrecked crews, (juarantine,
marine hospitals, the geological survey, and the penitentiary.
(5) That the Dominion Government should assume the
railway then being built.

7. District of Keewatin.

In 1876 an act was passed by the Dominion Parliament
erecting into a separate government under the name of the
District of Keewatin the portion of the North West Terri-
torif^s lying to the north of Manitoba. The district contains
about 395,000 acres, and is principally occupied by Icelandic

The Lieutenant-Governor of Manitoba is ex officio Lieu- Adminis-
tenant-Governor of Keewatin. He is assisted in the adminis-
tration of the district by a council of not more than ten and
not less than five members appointed by the Gov(!rnor-
General in Council. The Lieutenant-Governor in Council
has such legislative powers as are conferred by the Governor-
General in Council, and the Governor-General in Council
lias the balance of legislative power, but no law can be passed
either by the Governor-General in Council or by the Lieu-
tenant-Governor in Council which

(a) is inconsistent with any Dominion Act applying to
the District,

(b) imposes any tax or any duty of customs or excise or
any penalty exceeding 100 dollars,

(c) alters or repeals the punishment provided in any Act
in force in the District, or

(d) appropriates any public money, lands or property of
Canada without the authority of Parliament.

Copies of all laws passed by the Lieutenant-Gov(Tnor in



F 1

1 .’



• i’


1 1 1






f. I


^ ^i’

Council rcqiuro to be trans’aittod to the Governor in Council
who may disallow any law wii’un two years of its passing’.

8. The North West Territories.

The North West Territories comprise all lands not within
the limits of any province or of the District of Kcewatin. The
area of the Territories is about 3,000,000 s((uare miles or four
times as great as the area of all the provinces together. The
Territories were ceded to Canada by an Order in Council dated
the 24th June 1870** under the authority of the 14Gth sec;tion
of the B.N. A. Act, 18G7. The southern portion of the
tcrritoi’ies between Manitoba and Bi’itish Cohunbia has
been formed into four provisional districts, viz. Assiniboia,
SaskatchoAvan, Alberta and Athabasca. By the Dominion
Act 38 Vic. c. 49 executive and legislative powers were con-
ferred on a Lieutenant-Governor and a Council of five members
subject to instructions given by Order in Council or by the
Canadian Secretary of State. Provision was made for the
election of representatives to the Council by districts having
a popidation of 1000 adults, and owing to the increase in
population there are now 14 elected members. When the
number of elected members reaches 21, the Council is to
cease and the members are to constitute a legislative As-
sembly. The Acts relating to the government of the Terri-
tories have been consolidated and form c. 50 of the Revised
Statutes of Canada.

9. The Union of the Provinces.

Steps A federal union of the British North American Colonies

towards i i i n •, ■, • ,^ r^ ^ • ^

a federal ‘^f^-*’ bt’Ci^ a lavounto scheme with many Colonial statesmen
umou. jjj,|j Qjj several occasions was discussed by some of the legis-

‘ See The Keewatin Act, 11. S. C, 1!» Vic. r. .13.
-‘ Sue Aiipendix.



The honour of taking a decided stcj) towards such a
union belongs to the legislature of Nova Scotia. In 1861 a
resolution favourable to a union was passed by that legis-
lature and transmitted to the Duke of Newcastle, then
Colonial Secretary, who in turn forwarded it to the Governor-
General and the Lieutenant-Governors of the provinces. The
Lieutenant-Governors brought the subject before their re-
spective legislatures; and the legislatures of the maritime
provinces passed a resolution authorizing the respective
Lieutenant-Governors to appoint delegates not exceeding
five to confer with delegates of the other provinces ” for tlie
purpose of discussing the expediency of a union of the three
])rovinces under one government and legislatvu-e.” Delegates
were appointed and it was arranged that the conference should
meet on the 1st September at Charlottetown.

Before the Conference met a coalition government was
formed in the Province of Canada pledged to a imion of the
pi’ovinces, and the Government at once asked for and obtained
permission to send delegates to the Charlottetown Conference,
who however were not authorized to consider the ques-
tion of a ler/islative union. The proposal to unite the mari-
time provinces was doomed impracticable, but the delegates
were unanimously of opinion that a union on a wider basis
was possible and the Canadian delegates proposed that with
the consent of the provinces a further conference should be
held at Quebec. The proposal was adopted and the Con-
ference ended.

The Quebec Conference met on the 10th October. Twelve
delegates were present from Canada, seven from New liruns-
wick, five from Nova Scotia, seven tivjiu Prince Edward’s Island
and two t’vom Newfoundland.

The Conference sat for eighteen days and the I’esult <^f its di 'liberations was the celebrated "Seventy-two" resolutions on which the Act of Union was afterwards based. Each delegation undertook to submit the resolutions to its own Initiative of Nova Scotia. Charlotte- town Con- ference, QlK'ljCC Con- ference. } .« 1 ! >


h i



” ii

government, and pledged itself to use every legitimate means
to ensure the adoption of the scheme by its legislature.

Canada. The Canadian legislature met in January 1865, and after

a debate of a fortnight’s duration the resolutions were adopted
in the Council by a vote of 45 to 15. The debate in the
Assembly lasted for five weeks, but the resolutions were
adopted by 91 to 33.

f\r !



In New Brunswick the general election of 1865 resulted
in the return of an Assembly hostile to the scheme : but in
the following year the Legislative Council declared for the
Union. The Ministry resigned, a general election followed,
and the new Assembly on the 30th June declared in favour
of confederation.



In Nova Scotia the Quebec Resolutions were brought
before the Assembly in 1860 and were approved by a vote of
31 to 15.

New- In Newfoundland the Governor introduced the subject in

oun an . ^j^^ legislature at the oj)ening of the session in January 1860.
On the 8th March the Assembly after sitting in committee
for several days adopted the following resolution :

” That whilst duly regardful of the momentous character
of the subject and of the promise to his Excellency to give it
attention, yet, as no information has been received demanding
its immediate reconsideration, the House does not deem it
expedient to enter upon its discussion with a view to any
decision thereon.”





rrincc In Priucc Edward’s Island the scheme was not received

Island. ^ ^^^^ favour and several years elapsed after the Union was

accomplished before the Island joined the Dominion.




A sufficient number of provinces, viz. Canada, New Bruns-
wick and Nova Scotia, had by 18GG declared for union and in
that year delegates were appointed to settle the details and
to determine the precise character of the Imperial Act neces-
sary to carry the union into effect. The delegates met in
London in December 1866, under the presidency of Hon.
John A. Macdonald, and on the 7th February 1867 Lord Union
Carnarvon introduced the Bill “for the Union of Canada, Nova ^^^^■^°
Scotia and New Brunswick and the government thereof:
and for purposes connected therewith.” The measure received
the suppoit of all parties and was read a third time in the
House of Lords on the 26th of February. On the 8th March
it passed through the House of Conunons and on the 29th
of that month received the Royal assent.

The Act authorized Her Majesty in Council to declare
by proclamation that on and after a certain day the provinces
of Canada, Nova Scotia and New Brunswick should form one
Dominion vmder the name of Canada. The necessary pro-
clamation was issued on the 22nd of May and the 1st of
July was fixed as the day from which the Union should take





! ^


‘/ ■

! I




. I


ff ?



The Sources of the Law and Custom of the

The legal rules and con.stitntional customs that form the
“Constitutional Law and Custom” of Canada are derived
from seven sources: — (1) Imperial Acts, (2) Dominion Acts,
(8) Provincial Acts, (4) Orders in Council issued under Im-
perial, I^oniinion or Provincial authority, (5) Orders and rules
of the Dominion Parliament and of Provincial Legislatures,
(6) Usages, and (7) The Letters Patent, Commission and
Instructions issued to the Governor-General.

1. Imperial Acts. Thoi^rh the Union Act of 18G7 con-
tains the general scheme of the Constitution it has been
supplemented by several subsequent and important statutes.

The 34 & 35 Vic. (i) c. 28 conferred on the Dominion
power to establish new provinces and to provide for the
government of any territory not within the limits of a

The 3S & 39 Vic. (i) c. 38 repealed the 18th section of
the Act of 18G7 relating to the jirivileges of the Dominion
Parliament and more clearly defined the powers of the legis-
lature to determine its own privileges, and the 49 & 50 Vic.
(i) c. 35 authorized the Canadian Parliament to niake pro-
vision for the roproscntatiou of new provinces in the Senate
and House of Commons.

[tion of
|50 Vic.
CO pvo-



2. Domviion Acts. Miuiy important .statutos have boon
jiasscd by tlio I’arlianiont of Canada ivhiting to its constitution,
lunnediatoly after the Union Act of 18G7 canio into force a
scries of statutes had to be pa.ssed for the organization of the
different departments of State. As regards the Logishiture
it was not until 1885 that a general election law’ was carried
regulating the election of members of the House of Commons,
and several subsequent statutes have been passed on the same

By the 38 Vic. c. 11 a Supreme Court was establisliod for
the ]3ominion, and on the admission of Rupert’s Land and
the North West Territories, Acts were ])assod foi’uiing the new
province of Manitoba (33 Vice. 8) and jirovidingforthe govern-
ment of the North West Territories’^ Theso as well as other
Acts will be found in the recently issued edition of the Con-
solidated Statutes of Canada.

3. Provincial Acts. The main features of the constitu-
tions of Ontario and Quebec are contained in the Union Act
of 18G7, but as regards the other provinces, though that Act
governs the division of legislative power and contains certain
general jn’ovisions relating to all the })rovinces, recourse must
be had to the respective Provincial Acts for the details i>f the
Provincial Constitutions. It is from these Acts that the
functions of the different provincial de])artments of State, the
([ualitications of members of, and electors to, the legislative
Assemblies, and the organization of the Provincial Judicature
are to be learned. The custom that prevails in all the
provinces, except in Prince Edward’s Island, of revising the
Statutes at intervals, and consolidating the law on one
subject in one statute, makes the })rovincial statute book
very accessible to students.

4. Orders in Council. The most important Oi’ders in
Council relating to Canada that have been issued under Im-
perial Statute are those admitting the North West Terri-

1 4′.) Vic. c. 3. 2 32 it 33 Vic. c. 3.

li . h\





f. ‘■




torics*, British Colunibiii’, iiiid I’lincc Edward’H Island” into
tho D<)iiiiiiii»n. Suvcml OrdcrH in Council havo be(!n issuod diHallowiiig Acts of the Dominion Parliamont. Orders in Council are often issued under the authority of Statute by the (Juvernor and Privy (Council of Canada. The Lieutenant-Ciovernor of the North West Territories for in- stance carries on the government and administration of these Territories partly under the provision of the .Statute Law partly under Orders of the Dominion Privy Council. 5. Order's of the Dominion Parliament and Provincial Legislatures. The Dominion Parliament and the Provincial Legislatiires conduct their proceedings partly under tho authority of statutes, partly under standing and other orders, and partly under customs and usages. Each House has its own standing orders and resolutions, based mainly on the practice that prevails in the English House of Commons. The written rules of the Dominion House of Commons and of the Quebec Legislative Assembly arc much more detailed than those drawn up by the other legislative bodies, but all the Legislative Assemblies agree in adopting as a standing order that "in all unprovided cases the rules, usages and forms of the House of Commons of tho United Kingdom of Great Britain and Ireland shall be followed." 6. Usages. The constitutional usages that always tend to come into existence cannot be neglected, whether the effect be to supply the absence of a necessary legal rule or to modify the administration of a law. The Hon. J. S. C. Wurtcle, Speaker of the Legislative Assembly of Quebec, has compiled a body of such usages in force in that assembly*, and Mr Burinot, in his valuable work on Parliamentary Practice, refers to many similar usages followed by the Dominion Parliament. 7. Letters Patent and Instructions relating to the office of the Governor-General. The Letters Patent constituting the » 30th June, 1870. 16th May, 1871. » 2Gth June, 1873. Manual of the Legislative Afiembly of Quebec, ^i- CUSTOM OF TIIK CONSTITUTION. 1 15 office of Gov(!rnor-Gt!neml und the IiistnictioiiH isHuod to tho CJovcnior-Gt'iuTul were revised in I.S7.S'. Hy tlu'so instru- ments ho is authorized to exereiso sciveral important execu- tive and prerogative ])ownrH vested in Her Majesty, as for instance the summoning, proroguing and dissolving parlia- ment, the pardoning of criminals and the app(»intment of jiulgcs, ministers and other oHicers. It is not usual on the appointment of the Lieutenant- Governor of a province to issue instructions to him, but such a coui'se has been occasionally adopted. * Seo Appendix, M w i lilt ■1 (. /is all a \' end "cct to tele, iled Mr ifers icnt. office the 'I I m- r^^5^s^^^a m CHAPTER IV. PuuviNciAL Legislatures. ! , 1 1. Parties to Lerjislation. In the Provinces of British Coluinbiu tmd Manitoba the legislature consists of a Lieutenant-Governor and a Legislative Assembly, whilst in Quebec, New Brunswick, Prince Edward's Island anil Nova Scotia it consists of a Lieutenant-Governor, a Legislative Council, and a Legislative Assembly. North Provision has been made by the Dominion for the govern- ritovios. * i^it^'iit of the North West Territories, but as yet, these terri- tories have not been formed into a province. The Lieutenant- Governor in Coinicil may make oi'dinances within certain limits for the government of the Territories. rrovibioiiK of the Union Act. Instruc- tioHH. 2. Holo summoned. It is remarkabli! that the British North America Act, 18G'J, contains no general provision relating to the sunmioning of the local legislatures. By section 81 power is given to the Lieutenant-Governors of Ontario and of Quebec to summon in the Queen's name by instrument under the Great Seal of th" Trovince the Legislative Assemblie> ^f these provinces, but
no reference is made to the otlu’r provinces. Up to 187S the
Instructions given to the Governor-CJeiieral contained a clause
referring to the Lieutenant-Goveniois, and authorizhig them
to f.’xercise from time to time all powi’rs necessary in res])ect
of the assembling, ])rorogning and dissolving of Legislat iv(.’

I ^’:\\



ft am


Councils or the Legislative or General Assemblies of the
provinces resjicctively.

This clause was omitted in the revised instructions of
1878 in deference to the contention of the Dominion that the
Lieutenant-Governor of the provinces other thi.n those ex-
nressly referred to in the Union Act had implied powers for
the above purposes.

“Any powers,” said Mr Blake, the Dominion Minister of Contm-


Justice, ” which mav be thought necessarv should have been of the
” ” 11 ■ ■

conferred upon the Lieutenant-Governor by the British North

America Act, and it appears to me they must be taken to
be expressly or impliedly so conferred. The provision giving
these povv’ers to the Lieutenant-Governor by the Governor-
General’s Commission appears somewhat objectionable, and it
might perhaps be advisable to leave these matters to bt; dealt
with by those officers under the B. N. A. Act. the 82n(l section
of which in terms confers on the Lieutenant-Governor of the
new provinces of Ontario and Quebec the power in the
Queen’s name to summon the local bodies, a power which
no doubt wa.s assumed to be continued to the Governors of
the other provinces’.”

The provincial legislatures arc stimmoned by the Lieu- Fmin of
tenant-Governor, in some provinces, as tor instance n. I’ntish
Columbia in his own name, and in other proviner- i; tht;
name of the Queen. The following form is the one in use
ill Quebec .

Province of Quebec
L. S.
Victoria hij the Grace of God of the United Kingdom of
Great Britain and Ireland, Qiieei,, Defender of the Faith,
&c. &c.
To our beloved and faithful the Legislature Councillors of
\ho. Province of Quebec and the Members elected to sei’ve in
‘ Can. Suss. l\iim; 1S77, No. V\, p. 7.

L. R. Masson





»j ■■- ‘”W




I’ il

the Legislative Assembly o P our said province and summoned

and called to a meeting of tl e Legislature of our said province

at our City of Quebec on the 15th day of the month of

March instant to have been commenced and held, and to

every of you

Greeting :

A Proclamation.
Whereas the meeting of the Legislature of the Province
of Quebec stands prorogued to the 15th day of the month of
March instant. Nevertheless for certain causes and considera-
tions We have thought fit to prorogue the same to the eighth
day of the month of April next so that neither you nor any of
you on the said fifteenth day of March instant at our city of
Quebec to appear are to be held and constrained for We do
will that you and each of you and t

A dissohui’in of the Provincial Asscmba takes place cither

lO.R.S. 1S87, c. ll,s. 3.

Q. ii& 45 Vic. c. 7. H. 2.
– iSfc unt”, j>. 4.J.

B. C. SlVic.c. «!,




l\ licr

by act of the Crown or by lapse of time : the domiso of tlie
Crown having no snch effect. The Lieutenant-Governor as
representing the Crown may dissolve the Legislature in
person or by proclamation, the latter being the usual course.

The form of proclamation used in Quebec in 1882 was as Form of
follows: tion.


Province of


L. S.

Theodore Roiutatlt.e

Victoria l)>/ the Grace of God of the United Kinrjdom of Great
Britain and Ireland, Queen, &c. &c.

To our beloved and faithful th(! Legislative Councillors of
the Province of Quebec and the citizens and burgesses
elected to serve in the Li’gislative Assembly of our said
Province and to all whom it may concern


A Proclamation

Whereas it has pleased us ^y our proclamation dated the
11th of October last to convoke the Legislature of our Pro-
vince of Quebec for the fifteenth day of the month of_November
instant and whereas We have thought fit by and with the
advice and consent of our Executive Council of our Province
of Quebec to dissolve the Legislative Assembly of oui- said
Province Now know ye that by this our royal proolamation
We dissolve the said Legislative Assembly: Accordingly We
exempt the Legislative Councillors and the citizens and
burgesses of the Legislative Assembly of the obligation of
meeting and attendance on the said fifteenth day of Novembei-


In testimony whereof &e.

A Provincial Ass(^ndjly lasts for four years except in the Lajisc of
Province of Quebec, where it lasts* lor five years subject to the ‘”‘”^’





‘ 1

:i 1









right of tho Liontonant-Govornor to dissolve it at any timo.
Ill Quebec, New Brunswick, British Cohunbia, Manitoba, and
Prince Edward’s Island the period begins to run from the day
of the return of the writs : but in Ontario the period begins
to run from the 55th day, and in Nova .Scotia from the
expiration of the 40th day after the date of the issue of the
writs for holding the election*.

In the North West Territories the elected members hold
their scats for two years*.

6. Aiinual Sessio)is.

In England there is no statutory axithority requiring Par-
liament to meet every year. The 16 Car. IT,, c. 1” required
Parliament not to be intermitted above three years at the
most, and the 6 Will. & Mary, e. 2 provided that writs should
issue for a new Parliament within three years after the deter-
mination of every Parliament. The necessity of passing the
annual Army Bill and the Appropriation Act secures in practice
annual sessions.


Provision The British North America Act, 1807*, expressly pro-

Sessions! vides, that there shall be a session of the Legislature once at
least in every year, so that 12 months shall not intervene
between the last sitting of the Legislature in each Province
in one session and its first sitting in the next session. This
rule is also found in Provincial Acts’.





7. Enacting Clause.

The enacting clause of a statute varies in the dififerent
provinces. In Ontario, Quebec, Manitoba, and British Co-

1 0. R. S. 1887, c. 11, s. 1. Q. 41 & 4.5 Vie. c. 7. N. B. Con. Stat. 1877,
c. 4, s. 80. N. S. Rev. Stat. j884, c. 3, s. 10. B. C. Con. Stat. 1877, c 42,
s. 44. 33 Vic. c. 3. P. E. I. 19 Vic. c. 21, s. 86.

» R. S. C. a. 2,5.

3 Eepealed by the .50 & 51 Vic. (i) c. 59. * s. 86.

6 0. R. S. 1887, c. 12, s. 86. 33 Vic. c. 3. B. C. Con. Stat. 1877, c. 42,
H 45,





Ic 42,


luiiibia a statute professes to be enacted by ” Her Majesty
by and witli the advice of the Legislature.”

In Nova Scotia, New Brunswick, and Prince Edward’s
I Island the form is by the “Lieutenant-tlovernor, the Council

and Assembly.” In the North West Territories ordinances
are enacted by the “Lieutenant-Governor by and with the
advice and consent of his Council’.”

8. Payment of Members.

Members of the Legislatures of evi’ry province except
Nova Scotia receive an allowance or indemnity in addition
to a payment for travelling expenses.

In Ontario, if the session does not exceed tSO days, the
allowance is $G for each day on which the member attends :
if the session extends beyond 30 tlays then the member re-
ceives such sum as the Assembly may vote.

In Quebec and British Columbia the allowance for a
session not exceeding 30 days is $6 a day, and for a session
exceeding 30 days a sessional allowance of l|000 in Quebec and
|400 in British Columbia.

In Manitoba and New Brunswick the plan of a sessional
allowance has also been adopted ; the former allows i{^400
and the latter $800 per session.

A deduction is made from the sessional allowance for each
day a member is absent. Such deduction amounts to $4 in
Ontario, $G in Quebec and British Columbia, and S8 in
Manitoba. In New Brunswick the deduction in pro rata.

No deduction however is made on account of absence due
to illness, provided the member is at the place where the
Legislature meets in the Provinct’S of Quebec and New
Brunswick or within a certain distanci’ of the place (if meet-
ing in the Provinces of Ontario, British Columbia (10 miles)
and Manitoba (3 miles).

‘ See Todd’s Pari. Gov. p. 330, where it is suggested that all proviucial
laws should be uiiactod in the name of th<' sovereign. Payment of Mem- bers. Sum allowed. Sessional allowance. Non- allowance. Illness. ! 1^ ia I: I u^^^SB^ m I, 54 I'UOVINCIAL I.K(;lSLA riTHKS. AUowanrn for 1)111 1 of a session. TnivclliiiK expanses. Whon a nicmbor serves for part of a session only and is not entitled to a sessional allowance he is usnally paid $4 di' .ff) a day dining the time he is actually a member. i\\ i'riiicc^ Edward's Island payment de])en(ls on an annual vote. Each mendu'i' receives i|l()0 and an allowance of $12 for stationery and postage together with his travelling ex- penses. The usual allowance for travelling expenses is 10 cents per mile, but in British Columbia it is 25 cents. The mile- age allowed is the distance measured along the nearest mail route as certified by the Speaker between the place of resi- dence of the member and the place where the Legislature meets. ""I I / < How jmyiucnt id uuuU'. In some provinces a member may draw his allowance up to |4 a day from time to time, but the usual time for pay- ment is at the end of the session, when the members file with the Clerk declarations of the number of days they have attended and the sums to which they are entitled for mileage'. 1 0. R. S. 1887, c. 11, 83. G2— 70. Q. 49 & 50 Vic. c. i)?, ss. 70—74 ; N. B. 42 Vic. c. ?. Man. Con. Stat. c. 4, sa. 8—22. B. C. Con. Stat. 1877, 0. 42, ss. G3~G8. Wi' l« i\ CHAPTER V. The Provin'cial Assemhlies. 1. Qualifications of Elixtors. The qualifications reqiiirod of electors to the Assemblies Electors, vary very considerably in the different })rovin('(,-s. All agree in recjiiiring electors to be 1. Males, 2. Of the age of 21 years, 3. And not under any special legal disijualification. British Columbia is the only province that does not exact a property qualificutioji of some kind : Ontario is the only province that accepts an income or wages (jualification. The following is a brief summary of the (jualifications in each pro\'incc. Ontario, Ontario. The qualifications of electors arc governed by c. 9 of the Revised Statutes of 1S.















.A ^

<«► o^ % V*



I )


» .1






(6) and residing at the time of the election in the

electoral district for which they vote,
(c) and who have resided there continuously since
the completion of the previous assessment roll.

Income. 3. Persons assessed at an annual income of $250 and

(a) residing in the electoral district, and (6) who have resided
th’.re continuously since the last revision.

Wages. 4. Every person entered on the assessment roll as

hav’ng earned in any trade or occujuition during the previous
12 n)onths not less than ^250 and residing in the electoral
dif uV

5. A landholder’s son, stepson, grandson or son-in-
aw w’ has resided in his fivther’s house for 12 months
prior , t”‘” making up of the jvssessment roll and who is
resitlc’.u •. ithin the electoral district. Absence for any period
not exceeding six months in the year is not to disijualify,
and the time spent at any institution of learning within the
Province of Ontario, or as a n)ariner or as a fisherman in the
prosecution of his calling, is reckoned as spent in the father’s

Indians. 6. (a) Where there is a voters’ list all Indians or persons

with part Indian blood who have been duly enfranchised ‘,
and all Indians or perssons with part Indian blood who do not
reside among Indians though participating in the annuities,
moneys, or rents of a tribe are entitled to be registered as
voters subject to the same provisions as other persons in the
electoral district.

(6) Whore there are no voters’ lists, Indians or personfl
with part Indian blood are entitled to vote only (i) if they
have been duly enfranchised, or (ii) if not being duly enfran-
chised thoy do not participate in the annuities, interest,
moneys or rents of a tribe or body of Indians and do not

> An cnfrancliiscd Indian nicanR an Indian wlio has by letters patent
received a nrM\t in fee simple of a portion of a reserve, see 43 Vic. c. 28,
■10 Vic. c G.


b. 28,




R’sidu amongst Indians, and if in mldition in either case they
possess one of the usual qualifications.

In thoRO districts where there is no assessment roll a Wliero no

person m order to vote must roll.

(a) be resident and domiciled in the district in which

he claims to vote,
(6) own real estate in such district of the value

of $200,
(c) be a resident householder in such district at the

time of election and,
{(l) have been such owner and householder for the

six months preceding the election.


The qualifications arc governed by the 38 Vic. c. 7, ss. Quebec.
7 — 9. Voters must be,

1. Owners or occupants of real estate of the value of Proiierty.
$300 in any city municipality entitled to return one or

more members, and of the value of $2^” in any other
municipality, or

2. Tenants of real estate paying an annual rent of $3U Occupa-
in any city municipality entitled to return one or more
members, and of $20 in any other municipality, such real
estate being of the values of $300 and $200 respectively.

Nova Scotia.

The (jualifications of electors depend on the 4.S \’ie. c. 2 ‘. Nova
The following persons are entitled to vote.

1. Persons assessed in respect of real property of Property,
the value of $150 or of real and personal property of the

value of $300.

2. Persons possessed at the previous assessment of
real property or of real and personal property of the above

> Sue also N. S. Rev. Stat. 1884, c. 4, s. 14.





^ , .(





Sons of

amounts and who have been specially exempted from tax-

3. Tenants at the time of the previous assessment of
real property of the value of ^150 where the assessment was
levied on the owner thereof, or persons the assessment value
of whose personal property combined with that of the real
property occupied by him as tenant is of the value of ^300.

4. Sons of persons qualified as above, provided that
(a) such persons are possessed of sufficient property

to qualify more than one voter, and that
(6) the son has resided in the residence of his father or
on the property owned by his father within the district
for at least one year prior to the previous assessment.

5. Sons of a widow, provided such widow at the time
of the last assessment shall have been in possession of property
sufficient to give a vote and such son has fulfilled the con-
dit o).s of residence just mentioned.

In cases 4 and 5, the elder son is preferred to the
younger if the property is not sufficient to qualify both.

Occasional absences from home are not to disqualify sons
provided they do not exceed four months in the year.


i :. i




New Brunswick.

The qualifications of electors are regulated by the Consol.
Stat. 1877, c. 4, which requires as a qualification to vote

1. Assessment for the year, for which the registry is
made up, in respect of real estate of the value of $100, or
of personal property or of real and personal property together
of the value of $400, or

2. Assessment for such year at an annual income
of $400.

In those districts in which there is no assessment, pos-
session of the qualification is sufficient.





Prince Edward’s Island.
The Election Law of 1878 (41 Vic. c, 14) as amended by ”’iiir.?
subsetpient Acts was repealed by the 42 Vic. c. 2, reviving the /«Mhry Eloctod.
person who sits in the Assembly, Not only must a member
fulfil fi.xed conditions before ho takes his seat, but he is
liable to lose it under certain circunistances. All the
provinces agree in re(iuiring a member of the Assembly
to be

(1) a British subject by birth or naturalisjxtion,

(2) a male of the age of 21 years.
Some of the provinces impose additional (jualifications.
Manitoba and British Columbia retjuire members to be Voter.

voters in the province, whilst Nova Scotia retjuires a member
either to bo a voter or to possess a freehold or etpiitable
estate of the clear yearly value of 88. British Columbia
requires a member to have been a resident within the
province for one year preceding his election.

New Brunswick refjuires a member to be legally seised Property,
or possessed for hi^ own use of freehold or leasehold lands
in the Province of the value of ^1200 over and above all

In Prince Edward’s Island the property qualification is
fixed at £50, and an oath that he is possessed of such property
must be taken by every candidate.

The property qualification in Quebec was abolished by
the 45 Vic. c. 7.

In the North West Territories every elector is qualified
to be elected to the Council”.

The following persons are as a rule discpialified in all the
provinces from sitting in the Legislative Assembly.

> The following statutes may be referred to on the above qualifications :
O. R. S. 1887, c. 9; Q. .S8 Vic. c. 7, s. 124; N. S. Rev. Stat. 1884, o. .S, s. 3;
N. B. 45 Vic. c. 21 ; Man. Consol. Stat. c. 3, s. 113; B. C. Consol. Stat. 1877,
c. 66, 8. S; P. E. I. 19 Vic. c. 21, s. 12; N. W. T., R. 8. C, 1886, o. 50, a. 21.



1 a

i ;

I \

. . I Ij j








<> 1



] ‘



Per Hu lis



1. Members of the Senate and House of Commons of

2. Members of the Legislative Council.

3. Persons holding provincial offices on the nomination
of the Crown to which any salary or emolument is attached.

Members of the Executive Council are exempted from
this rule provided they are elected whilst holding office.

4. Persons holding a federal office of emolument under
the Crown, except

1. Officers in the Army, Navy, or Militia, not re-
ceiving permanent sjvlary on the staff” of the Militia.

2. Postmasters whose yearly salary is not over ^100
in Quebec.

3. Justices of the Peace in Ontario and Manitoba.

4. Notaries Public in Ontario.

5. Coroners in Manitoba.

6. The Chairman of Board of Works in Prince
Edward’s Island.

7. Justices of Lunatic Asylums, except two in Prince
Edward’s Lsland.

8. Teachers of district Schools in Prince Edward’s

6. Contractors with the Province or contractors ^vith
respect to any public service under which the money of the
Province is to be paid.

6. Members of the Legislative Council or Assembly
usually vacate their seats on becoming bankrupt or insolvent.

7. Persons found guilty of corrupt practices are dis-
qualified from sitting in the Assembly for 8 years in Ontario,
for 7 years in British Columbia and for 6 years in New

In addition to the above persons, each province disqualifies
certain other officials too numerous to mention ‘.

1 See on disqualifications, 0. K. S. 1887, c. 11, sb. 6-14. Q. 49 & 50
Vic. c. «7. N. S., li. S. 1884, c. 3, s. 11 ; 49 Vic. c. 6. P. E. L 25 Vic. c. 18,


»- , i^WWW9 ” ^ “” ‘^ *^W *1








3. Distribution of Seats.

Ontario. The British North Aincricn Act 1SG7′ fixiMl Ontario,
the number of electoral (livi.sioiis at H2, each retuniiiif.f oiu;
in((inber. In I(S7l the Ontario legislature re-arranged the
constituencies and increased the Assembly from 82 to 89
members*, and in 1885 the number was increased to 90. One
member is returned by each electoral district”.

Quebec. The Legislative Assembly consists of 6;’ members* gu.boc.
elected by 65 electoral colleges, each returning one member.
An electoral college is forint’d of an electonil district except
in three instances \vh(;re it is formed of two district.s.

At the time of the Union certain districts in Quebec
were inhabited by a large Protestant population, and in
ordiT to safeguard the re])resentati(jn of these districts it was
provided *, that the limits of such districts should only be
altered if the 2nd and 8rd readings of the Bill were passetl in
the Assembly with the concurrence of the majority of the
members representing those districts.

Nova Scotia. The province is divided into 18 electoral
counties, two returning 3 members each and the remainder
2 members each®.

New Brunswick. The province is divided into 15 counties
and one city. Five counties return 4 members each, one
county 3 members, seven counties 2 members each, two
counties 1 member each. The city of 8t John’s returns
2 members’.

Prince Edward’s Island. The province is divided into i’. E. I.
15 electoral districts each returning 2 members’*.

39 Vic. c. 3, 42 Vic. c. 13. N. B. lo Vic. c. 21. Mau. Consol. Stat. c. 5.
B. C. 40 Vic. 0. 42, ss. 10—24, 40 Vic. c. 6C, ss. 5, 6.

» 8. 70. 3 O. 38 Vict. c. 2, 8. 1.

» 0. 48 Vic. c. 2, 8. 7, and see O. R. S. 1887, c. 11, b. 1.

♦ B. N. A. Act, 8. 80; Q. 49 & 50 Vic. s. 127.

« B. N. A. Act, 1867, 8. 80. « N. S., R. S. 1884, c. 3, s. 2.

” N. B. Cor.Bol. Stat. 1877, c. 4, s. 79.

8 P. E. I., Rev. Stilt. 1856, co. 21, 24.



■t .



r ‘




N. W. Tor.

Notice of


Manitoba. Here thoro arc 31 oluctoriil districts each
returning oiio nionibcr ‘.

Jintish Columbia. ThiH province is divided into 13
electoriil districtH, five returning one member each ; fivo
returning 2 memberH each ; two retiirning 3 members each
and one returning 4 members’. By the 48 Vic. c. 3, pro-
vision has been made for slightly altering the above arrange-
ment after the next dissolution.

North West Territones. Members of the Council arc
elected by electoral districts not exceeding 1000 si|uaro
miles in extent and containing a population of not less than
1000 inhabitants of adult age. Rich district returns one
member. The districts are constituted by the Lieutenant-
Governor by proclamation *.

4. Method of Election.

The methods adopted for returning members to the
Provincial Assemblies, though varying to some extent in
the different provinces, possess some important features in
common. The returning officer, on receipt of the writ or
other authority reijuiring him to hold an election, gives
public notice, that on a certain day he will hold a court, or
attend at a certain place, to receive the nomination of candi-
dates, and that in case a poll be demanded, it will be taken
on a named day.

Candidates are, except in Ontario and Prince Edward’s
Island, nominated in writing. The nomination paper must
be signed by 25 electors in Quebec ; by 2 electors in Nova
Scotia; by 12 electors in Manitoba; by 5 electors in British
Columbia ; and by one or more in New Brunswick.

> Man. Consol. Stat. c. 5, b. 2. M. 44 Vic. o. 12, 8. 1.

1 B. C. ConBtitution Act, 1871, Sched. A ; B. C. 42 Vic. c. 19.

» B. S. C. 0. 50, B. 18.




In Manitoba and Qnt’bcc; thr noniinalion paper must be
accompanied by (ho written consent of the person nonii-


nated unless at the time he is absent fi


the 1



VlltcS lUU


[(Ml unless ai ine iime ne
Manitoba an aHidavit also is reipiirod to the ofl’oct that the
12 nominators are electors, and that the candidate si^nie(l
his written consent and the nominators signed the nomination
paper, in the j)resencc of the person swearing thi- affidavit.

In Ontario, Quebec, Nova Scotia, New Bnmswick and How
liritish Cohunbia, the vote is taken by ballot.

In ^blnitoba and Prince Hdward’s Island votes are re-
corded by a jtoll clerk in a pull book.

Jn Ontario and Quebec the [mil remains open from !) a.m. llonrsof
to .’) p.m.: in Nova Se<»tia from iS a.m. to .'> ]).m.: in New
IJnmswick and liritish Cohunbia from fS a.m. to •!■ p.m.:
in .Manitoba it is to open between (S and !> a.m. aneaker of the

House of C^^nlmons. These rules’ have practically been

adopted by all the Provincial A.ssemblies\

Power is given to the Speaker to call on any member

to take the chair during a temporary absence, and if the

Speaker be not present on any day the Assembly elects a

member as Speaker for the day.

i ii,



: V)


7. Privileges.

The British North America Act 1867, did not expressly
confer any privileges on the Provincial Legislatures, nor did it
in express terms enable such Legislatures to define their

1 O. R. S. 1887, c. 11, B. 15.

« B. N. A. A. 8. S7. O. R. S. 188?, c. 11, s. T^fi. Man. 41 Vic, c. 12, b. 4.

B. C. Con. Stat. 1877, c. 42, s. 3i». » Sec post, c. 12.

« See O. R. S. 1887, o. 11, ss. 29—30 ; Q. 4» & 50 Vic, c. 97, s. 7 ; N. B.

C. S. c (5. C. a. Man., p. 5, s. 4. B. C. Con. Stat. 1877, c. 42, ss. 3.B, 35.






In the scHsion of I.SdH — !l tho Ontario LfLMslatnic pas-M-tl ‘^”‘


an Act CKnt’trrin^ on the FiC^islativc Asscniblv llu’ sinn- ilitininR

… . , , , IV • . ‘ ,1 ,, priviU’RCi.

privilcgcH as were enjoyed hy the J)oinnuon House o|

(yonnnoiiH. The validity of the Act as doubted, and the

Dominion Minister of Justice referred the (piestion to the

law officers of the Crown in En^dand, who held that it was

ultra vires ‘.

Similar Acts were passed hy Quehv’o in 1.S70, by British
Columbia in 1H71, and by Ontario in lH7(i. All these were
allowed to conu’ into force, on the ^roiuid that aiiynneatrectctj
by them co\ihl ti’st their legality in n coiu’t of law.

Amongst the powers conferred by the Quebec Act i^f E.r pitrtc
1870 are a number of powers regarding . •■ summoning, of^,,,.,.,,,,,
witnesses and the jnuiishmt nt of jtersons disob ing such
suUiiiiui.,-.. The validity of tl.eso sections wn nused in h\
parte DaiLiereau”, and the ajtpeal side of the Quebec Court
of Qiu’en’s Bench held that tlu’ power of summoning witnesso:
was nece.ssjvrily incident to the ])owers of the Provincial
Legislatures, and that a Provincial Legislature had “a right
to exercise such powers and privileges as are mere incidents
of the powers specifically vested in them and without which
they could not properly cxerci.se the duties devolving upon
them \”

A somewhat similar j)oint was raised in Landers v. LnmhTi v.
Wuodworth* with respect to the right of the Nova Scotia ^.y’^’^V
A.ssenibly to remove one of its mend>ers for contemjtt. The
Supreme Court of the Dominion held that thi’ Legislative
As.sembly of Nova Scotia had in the absence of express
legislation on the subject, no power to remove one of its
members for contempt, unless he was actually engaged in
obstructing the b isiness of the House, but that the removal
of a member for not making an apology recpiired by the

» Can. Sess. Papers 1877, No. 80, p. 202.

– 19 L. C. JuriHt 210: 2 Cart. 1(15. * i^r Dorion C. J.

■• 2 Can. S. C. U. l.’iH; 2 Cart. 220.

















‘ ‘ it

h ‘

House was not within the legal powers of the Assembly
in the absence of express legislation. ” The Honse of
Assembly of Nova Scotia has no power to punish for any
offence not an innnediate obstruction to the due course of
its proceedings and the proper exerciser of its functions,
such power not being an essential attribute, not essentially
necessary for the exercise of its functions by a local legis-
lature, and not belonging to it as a necessary or legal
incident : and that without prescrijilion or statute, local
legislatures have not the privileges which belong to the
House of Conunons of Great Britain by the lej’ et cousuetudo

It may therefore be taken as establislu’d : —

(1) That a Provincial Legislature has, apart from pro-
vincial legislation, those im])lied powers and privileges which
are abs()lut 0. R. S., c. 11, 88. 37—55. = 19 & 50 Vic. c. 97, s. 10—50.

•I Con. Stat. ISSO, c. 5, ss. 36—41.

i I •












Columbia ‘, and Nova Scotia*. No Act on the subject, ex-
cept one relating to the attendance of witnesses^, has been
passed in New Brunswick.

Freedom of speech. The privilege of freedom of speech
is defined in the Quebec Act as follows —

“No legislative councillor or member of the Legislative
Assembly shall be liable to any action, arrest, or imjirison-
ment, or damages, by reason of any matter or thing brought
by him by petition, bill, resolution, motion or otherwise
before the House or by reason of anything said by him
before such House.”

The Ontario Act contains a similar provision ; whilst the
British Columbia Act sim})ly sta.tes that ” no action at law
or other proceeding shall be brought against any member
of the Assembly for any words spoken by him in the

Freedom from arrest. Freedom from arrest is restricted
as in England to the members personally in civil matters. Tin;
duration of the ])rivilege varies in the diftcrent provinces. In
Ontario and Quebec it begins 20 days before the session opens
and continues until 20 days after the session ends. In British
Columbia the corresponding number of days is 40. In Manit< iba " 'ire is restricted to the session. ""J" Freedom uf spuoch. Freedom from arrest. pri pn ■ge not extend to oftences specified in the Acts and commit te(l by members, as for examjjle taking bribes rivik’ges usually ii-gulatc this
power and confer on the Sjjeaker the power of issuing a
warrant to compel attendance.

Piiblicatiun uf inipers, &c. Special provision regai’ding
the puhlication owers the judge to stay all jtroceedings”.

ViuiishiiKj for breach of privileije. The Ontario, Mani-
toba and Nova Scotia Acts envuuerate a number of utlences
wliich if committed an- regarded as a breach of privilege,
such as : —

Assaulting, molesting, or libelling any member of the
Legislature during the session or 20 d; ys before or after the

Obstructing, threatening, or attem}»ting to force or in-
timidate any member.

Bribing or attempting to bribe any member, as well as
the acceptance of any bribe.

Assjiulting or interfering with any otticer of the House
in the jjerformance of his duty.

Suborning or tampering with any witness in regaril to
evidence to be given by him before the House or any Coni-

Presenting to the House or any Committee any Ibrged
or falsified document with intent to deceive the House or

Forging, falsifying or unlawfully altering any of the records
of the House.

1 See ante, p. 07. – O. IS. fcj. 1887, c. 11, s. 52.



Persons ^niilty nf iiifrinffiiitf uiiy of thu privik-grs of the
HoiisL’ are liable to be iinprisoiied for such time during the
session then bi-ing held as the Assembly may determine.

8. Resignation of Memhers.

A member may resign his seat in either of the following
ways :

1. By giving notice to that efiect in his place in any
})rovince except Nova Scotia, New Brunswick and Prince
Edward’s Islantl.

2. Hy giving writt(m notice to the Speaker. If thi’re be
no Speaker, in Prince Edward’s Island the notice nuist be
given to the Lieutenant-Governor: iu the other provinces
to any two members. In Ontario and British Columbia the
notice must be under seal, and in all the provinces except
Nova Scotia, New Brunswick, and Prince Edward’s Island,
the signature must be attested by two witnesses. In the
last-mentioned province it must be certified by a notary

A member may resign after a general electi(Mi, and before
taking his seat, but such resignation is not to atieet his right
to contest the election.

A resignation may be either during the session or during
the recess.

The Si)eaker may resign by giving notice from his place
in the Assembly, or if tlu’ House be not in session by giving
notice to any two members *.

‘ 0. R. S. 1887, c. 11, s. 2.-.. Q. 19 & 50 Vic, c. !17, ss. ‘iM-S?. N. H.
IJ. S. 1881, c. 3. N. 15. Con. Stiit. 1877, c. 1, s. 7<>. Mini. (‘(Ui. Stiit. e. 5, sh.
23—20. 15. C. Con. Stat. 1877, c. 42, ss.
8. 79, SO Vic. c. 1.

•18—50. r. E. I. V.i V

ic. c. 21,


PuoviNciAL Legislative Councils.

I* ”

! \i


Four provinces, viz. Quebec, Nova Scotia, New Brunswick,
and Prince Edward’s Island, })ossess Lt’f,nslative Councils,
in addition to Legislative Assend^lies. The original consti-
tuti«ju of Manitoba made provision fur a Legislative Coiuicil
of 7 members api)ointed for life by the Lieutenunt-Covernor*,
but in 187G the Council was abolishi’d and the Legislature
now consists of a Lieutenant-Governor and an Asse’nibly”.

Legislation in the North-West Tei-ritoiies is effected by
a Council portly nominated and partly elected; and the
Lieutenant-Governor of Manitoba may have the assistance
of a Council in carrying on the government of the district
of Keewatin.

Number. The number of Councillors in each iirovincc
is as follows : —

Quebec, 24.

Nova Scotia, 15.

New Bnuiswick, LS.

Prince Edward’s Island, 13.

North-West Territories, 20.
As regards British Columbia not more than G can be
ai^pointed by the Governor-General ; and when a district not

‘ :w Vic. c. ;}.

– Man. .’ill Vic.




cxceuding 1000 scjuure inik’s eoiitaiiis a jt(>[)uliiti()ii of not
less than 1000 inhabitants of adult ago it may rutum uiio
member to the Council.

Qualifications. In Xova Scotia the Lieutenant-Governor (^imlifica-
is no way restricted by statute in the choice of Councillors,
but in the other provinces there are certain statutory
(jualitications. These may be classiHed undi’r the following
heads, (1) citizenship, (2) age, (.’J) i)roperty, (4) residence,
and (5) oath of allegiance.

1. Citizenship. All the ])rovinces agree in recpiiring !• Citizcn-
a Legislative Councilhjr to be a British subject by birth or

by naturalization.

2. Age. In Quebec and Prince Edwai’d’s Island he “2. A^e.
must be 80 years

I’ll 111 lii’


and with tlir advice of his Pr’ivy (‘i)Uiicil has ]»u\v(i- to
appoint six ine’inbcrs l)v wanaiit under his privv seal ‘.
As regards the (jther members they are electi’d hy buna
fide male ri’sidents and householders of achdt age, within the
cleetural district, not being aliens or uneiitranchised Indians,
and who have resided in snch electoral district tor at least
12 months inunediately preceding the issue of the writ Ibr
the electitjn’.

‘fena of office. In (.Quebec, Xew JJiunswick, and Nova
Scotia, Councillors hold ofiice lor life, unless they resign
or become disipialitied.

In Prince Edward’s Island a new election takes place
for Charlottetown t-very eighth year, and tor otlu’r districts
every fourth year, fioin the date of the last election to tln’

In the North- West Territories elected members of the
Council h 13. N, A. A. 18G7, s. 77.

‘” N. li. Con. Stat. 1S77, c. 1, s. 7. 1’. K. I. Itcv. Stat. ’25 Vic. c. 18, h, 27.

i »

f K

I 1




Ill Quebec the Speaker has a vote uml a ca-sting vute ‘.

In Prince Edward’s Ishmd he haa only a casting vote*,
i’rivilogcs. Pnvileyes. Members of the Legislative Council in
Quebec enjoy the same privileges lus members of the As-
sembly*. In the other provinces that have Legislative
Councils Acts have not as yet been passed to define the
privileges of such Councils.

Resiynation. A Legislative Councillor may resign his seat
by a notice in writing under his hand and seal addressed to
the Lieutenant-Governor*.

1 B. N. A. A. 1807, s. 79.

« P. E. I. Rev. Stat. 25 Vic. c. 18, 8. 29. •’ Sec an(c p. 09.

•« B. N. A. Act. 1807, ss. 71, 30. N.B. Con. Stat. 1877, c. 1, s. 5, P. E.I.
25 Vic. c. 18, s. 19.


I .

I ‘ I!

\k ■



Method of LKfJisLATiox.

1 ,1





. «l

TiiK procoduro and practice of iho Provincial Legislatures
arc regulated partly by the provisions of the British North
America Acts, partly by provincial statutes, partly by orders
and resolutions of each Legislature, and partly by usages
which though unwritten are recognized and followed.

The hour of meeting varies in the ditierent provinces :
in British Columbia it is 11 o’clock, in Nova Scotia 12 o’clock,
and in Ontario, Quebec and Manitoba 3 o’clock. If the
business of the House is not concluded at G o’clock the
Speaker leaves the chair until half-past seven. The House
at its rising on Friday as a rule stands adjourned until the
following Monday.

Order of Business. The business in the Provincial
Assemblies is generally as follows :

Every day certain routine business is taken in the follow-
ing order : —

1. Presenting Petitions.

2. Reading and Receiving Petitions.

3. Presenting Reports by Standing and Select Com-


4. Motions.

After the above routine business is disposed of, the order
of business varies according to the day and the province.

Hour of


Oidrr of


1 1,


i r




ll I’



Onlcr of






In Oiilaiio, Qiicbt’c, mid British Colimibiu the tulluwing
rules prevail.

On one (liiy the onier of business is: —

1. Private Hills.

2. QiU’stinns put by Members.

3. Nt)tices of .Motions.

4. I’liblic P,ills and Orders.

On two other days in the week the order is: —

1. (Joverninent Notices of Motions.

2. (iovirnnieiit Orders.

.'{. Publie Bills and Orders.
4. Qnestions put liy Mendiers.
‘). Other Notices of Motions.
(). Private Bills.
On the remaining,’ two days in the week ihi’ order is: —

1. (,>uestions ])iit by Mendu-is.

2. Notices of Motions.

8. Pid)lic Bills and Orders.

li”. (ioveinment Notices of Motion.s ?”/; Quebec.

3”. (Joverninent Orders in Quebec.

4. Private Bills.

5. Public Bills and Orders.

6. Private Bills, in Ontniio.

7. Government Notices of Motions, iti OntaHo.

8. Government Orders, in Ontano.

In Nova Scotia the same order of business is followed
from day to day.

Public Bills pass through the same stages as in the
Dominion Parliament, except that in some provinces the
consent of a second House is not required.

All Bills are introduced upon motion for leave specifying
the title of the Bill, or upon motion to appoint a committee
to prepare and bring it in : no Bill can be introduced in





MKTIlol) OF hK(ilSLATl(>N.



Muiiiy l)ills cjiii orl^’liiiitc unly in tlir FiC^’islativc As-
sembly and no a|»|»!i)|iiiatiiin can take |>la(‘»’ unlfss first.
I’t’onniincndt’d l»y a intssa^’r from tln’ Licutfnant-dovfrnnr.

Evi’ry bill rr(|uircs cxci’iit on uri^’cnt or extraordinary ItiiulinnM.
ocoasioMH to be read three limes on separate days. After the
Hccond roadini.^ the House ^les into Committee, and all
nnicndmciits maills are initiated 1)y way of petition. No petition
for a |>rivate Hill is received as a ruli’ aftei’ the first two
weeks of a .session, and no private Hill can be presente(l after
the first three weeks.

Each Lepfislature has standin<( orders, relative to such pi'titions, prescribinif what notice of the application shall be given and what particulars must be stated. The petition comes before the Committee on Standing Orders, and if s\ich Conuniltee repoits favourably, the liill is introduct d on motion for leave. After beintj read a .second time it is referred t(i a Committee, and the Hubse(iuent procedure is similar to that prevailing in the Dominion Parliament. !• ! i ! 1 ■s >


V, i



CIIAITlill VlJl.



In cafli ])r()viii(‘f iui (itlicfrcalN’il the Liviiliiiiiiil-C Invcnmr,
a|t|iiiintt'(l by tlu’ (lovmior-dciicral in (‘I’liiicil iiinlcr tlic
}fn-d\ seal . of in onr Dominion

of Ciinadti.

Greeting : —

Whereas we did by Lt’tters Patent under the fJreat
Seal of our Dominion of Canada bearing date at the
city of Ottawa the day of in the year of

our reign appoint A. B. to be Lieutenant-Gcnernor of the
Province of for and during our will and pleasure

as upon relation being had to the said recited Letters Patent
will more fully and at large ajipear.

1 See Lfiioir v, Jiilchic, :i Can. S. C, p. ‘)7’>.

‘ Vj








AikI whtTciis the said A. I’. hiiM since died and we
‘mve tlion^dit- lit to appoint yon to he such Linitcnant-
Oovernor in his stead. Now know yr, that \vc nposini,’ sjMcial
trust and eonlidenee in the prnflrncc, eouia^’i”, loyaMy, and
iiiti’^’iily of yon (he sai.

– Sep pout, chap. xv.

Q. 34 Vic. c. 4. -^ Civil Code, Art. 48:5. •* Q. 37 Vic c C

‘ Q- 1:5 -in^l 11 Vic. c. 4. Civil Code, Arts. 1114-1110.


Court of

Ci)\trt of
] ‘ice-

Court of




• I ;

i ‘f


t I




Tiir; I’KuviNriAi. .iriiU’A’i’ruK.


<' Appeals from Circuit CourtH. Division Court. (h) against any other final jndgniL'nt fxccj)t in casus of certiurari, or mattcns ati'ecting nmnicipal corporations or offices, or where the amount in ([ue.stion does not 'exceed $200 and the judgment has been confirmed in review before three judges ; (c) against interlocutory judgments 'n certain cases. An appeal lies from a Circuit Court (a) where the sum or value of the thing demanded amounts to !|1()U, except in suits for the recovery of assess- ments for schools or schoolhouses, or for monthly contri- butions for schools or for the recovery of assessments imposed for the building or repairing of churches, parsonages, and churchyards. If the evidence has not been taken down in writing the appeal can be only on points of law ; (/>) whei’e the demand is less than !?10() but relates
to fees of office, duties, rents, revenues or sums payable to
Her ^laje.sty, or to titles to lands or tenements, annual rents
or other matters in which the rights in future of the parties
may be affected ;

(c) in all actions in recognition of hypothec.
Special measures regulate appeals from judgments given
in the Magdalen Islands *.


The Division Courts. In each county there are Courts
called Division Courts, not less than three nor more than
twelve in number, presided over by the junior County
Court Judge.

Each Judicial District is divided into Court Divisions,
and once in two months a Court is held in each Division “.

Causes arc heard before the Judge alone, but in actions
of tort whore the amount sought to be recovered exceeds

1 Civil Code, Art. 1133.

– 0. R. S. 1887, c, 51.




!^I0, niid ill all otlicr ai’lioiis wlicii such iiiiii>mif exceeds
^20, either party inuy demaiKl a jury.

The jurisdiction extends to, Jmisdit-

(d) all personal actions where the amount claimed
docs not exceed $00 ;

(b) all claims of debt, br ^ach of contract or money
demand where the balance claimed does not exceed $100;

(o) all claims of debt or money demand where the
balance claimed is under 1^200 and the (Miq-inal amount is
a.scertaiin’d by siifiiaiure of the defendant.

The jurisdiction does not however extend to actions for
gambling debts, li(|Uor sold in a tavern, ejectment, toll, custom,
or franchise, title to land, malicious i)rosecution, libel, slander,
breach of promise, or against Justices of the Peace or relating
to the validity (»f wills and .settlements.

An appeal is allowed to the Court of Appeal where the Apppul.
amount in dispute exceeds $100.

A County Court is held in every county and is pi-esi(U’d Conntii
over by a judg(> who acts as a Local Judge of the High
Court in all matters assigned to him by Statute oi- by the
Rules of Court.

The jurisdiction of the County Court extends to,

1. all personal actions where the debt or damage
claimed does not exceed $200.

2. all causes relating to debt, covenant, and contract
up to $400 where the amount is li(pii(late(l or ascertained by
the act of the parties or by the signature of the defendant.

3. proceedings on bail bonds given to the Sheriff
in any County Court whatcvt’r be the penalty.

4. recognizances of bail taken in County Courts to


5. actions of replevin where the value of the goods

or property taken does not exceed $200.
G. interpK’ader matter.s.

\m I



I i>





Tin; I’llOVFNCI AI. .iriiK ATl’ltK.

7. lU’tiuiis Inr ihc i-cc(i\(‘ry <>r liiml wIktc llic yciirly
Villllc dl’ llli’ premises (»!• llie relit pJiyillile (Icies Hot cXCCud
$200, (u) whero till’ interest of the lenaiit hiis sutlfi red or
lias been determined l)y iiuijee Id (piit, (/>) where the ri lit is
(iO days in urreiir and the hindlord has thi; ri^dit to re-eiit(!r.
It is expressly declared that the (*niir( shall not, have
Jurisdiction :

1. where the title to land is in (|iiestiiin except in
the above-mentioned cases,

2. where the validity ol” “-ly devise, l)e(|uest, or limi-
tation nnder any will or settlement is dispnte(|.

ti. in cases ot’libel, slander, rrini. con., or sednction.
4. in actions ai^ainst a Justice of the Peace tor anything
done by him in the execution of his office if he objects thereto’.

Surrogate Court. In each coiinty the senior County
Court Judge holds a Surrogate Court, which has jurisdic-
tion in all testamentary matters and causes and in relation
to the granting and revoking probates of wills and letterw
of administration, subject to an a]»peal to the Chancery
Division of the High Court'”‘.

The Court has a concurrent jurisdiction with the High
Court regarding the custody of infants ”.

The Maritime Court was constituted by the Dominion
Statute 40 Vic. c. 21. It is com])osed of one Judge for the
Pi’ovince and Surrogate Judges for certain localities appointed
by the Governor in Council. It has jurisdiction in all such
matters (with certain exceptions) arising out of or connected
with navigation, siiipping, trade or commerce on any river,
lake, canal or inland water of which the whole or part is
within the Province of Ontario, as would belong to any
existing Vice-Admiralty Court if its process extended to
Ontario. By an Ontario Act ^ the Judge of the Court has

1 0. K. S. 1887, c. 17, .”s. 18—22.
» lb. c. 137, s. 1.

« 0. R. S. 1887, c. 50.
” 0. R. S. 1887, c. 43.





tlu’ same autlmrily as u Cuiinty (“muiI .Iiuli^f it’irindini,’ llic
use of the Court-house or other ImiMiii^rs for the aihiiiuis-
tratioi» of justice.

Heir and D(‘>’i-rty and civil rights are not allowed
without special leave, unless the title to real estate or the
validity of a patent is affected, or unless the matter in
controversy exceeds the value of ^1000, or unless the
ipiestion relates to the taking of an annual or (piarterly
rent, customary or (piarterly duty, or a like demand of a
general nature affecting future rights'”.

Appeals from the Court of Appeal to Her Majesty in
Council are prohibited except when the matter in contro-
versy exceeds $4000 in value, or relates to the taking of a
rent or any like demand affecting future rights’. This liow-
ever does not affect the right of the Judicial Committee of
the Privy Council to sustain any appeal as a matter of

1 O. R. S. 1887. c. 11, ss. 20—42.
:’ II). c. 12, 8. 2.

2 O. R. S. 1887, 0. 44.
* O. R. H. 1887, c. 41.



Nova Scotia.

Justices of the Peace. In al! actions of dobt, where the
cause of action clo,>s not oxcee.l l$20 one Justice ha.s juris-
diction, and where the cause of action exceeds $20 and
does not exceed $80 jurisdiction may be exercised by any
two Justices of the county in which the defendant resides
or in wliieh tlie debt or cause of action arose. In the hitter
ca.se either party may have the case tried before a jury’.

Gountij Courts. Seven County Courts have been es-
tablished, on(3 for each of the seven districts into which
the Pnn’ince has been divitled’.

The Judges of the County Courts are also Masters of the
Supreme Court ^.

The County Courts have jurisdiction ■*,

{a) in all actions ex contractu where the debt or
damage claimed does not exceed $400 and is not less than


{b) in all other actions where the damages claimed
SO, the above jurisdiction is
concurrent with that of the Supi-eme Court.

The following matters have been expressly excepted out
of the jurisdiction of the Courts, viz. actions where the title
to land i.s in cpiestion, or where the validity of any devi.se,
betpiest, or limitation is disputed, as well as actions fur crim.’
con., s’.iuction, and breach of promise of marriage.




‘ N. S., R. S. 1884, c. 102, s. 1.
» N. S. 4!) Vic. c. 50.

– N. S., R. S. c. 105, ,s. 2.

* N. S., R. S. 1881, c. 10;-;, s. 1(1.


I .:

I i.^M

i ■ i




I ^




Call ft.





The Courts have jurisdiction in appeals from Justices,
Stipendiary Magistrates, City and Municipal Courts.-

The Admiralty Court exercises jurisdiction in all Ad-
miralty matters.

Probate Court. This Court has jurisdiction in all matters
relating to the probates c>f wills and the administration of
estates ‘.

Cou7-t of Matrimonial Causes and Divorce. This Court is
presided over by the Ecjuity Judge and has jurisdiction over
all matters relating to prohibited marriages and divorce ; an
appeal lying to the Supreme Court in banc’.

The Supreme Court. The Supreme Court resembles in
organization and jin-isdiction the Supreme Court of Judi-
cature in England. It is composed of a Chief Justice and
six Puisne Judges. Circuits of the Court are held twice
a year in each county and extra sittings are in the summer
held in certain towns.

The Court is invested with the powers that were formerly
exercised by the Courts of Queen’s Bench, Common Pleas,
Chancery and Exchc(pier in England and also with all the
powers, except those relating lo Probate and Surrogate
Courts, that are now exercised in England by the Supreme
Court of Judicature ^

It also exercises an appellate jurisdiction in cases from
County Courts.

I ii

New Brunswick.

Juxticen. Justices’ Civil Courts. Justices of the Peace have in the

Coinities in which they reside and for which they have been
appointed Justices, jurisdiction in the following actions :

• N. S., R. S. 1884, c. 100.

– N. S., E. S. 1873, c. 120, s. 10, N. S. 49 Vic. c. 49.

■’ N. S., R. S. c. 104.





1. Actions of debt where the sum demanded does not
exceed |;20.

2. Actions of tort to real or personal property where
the damages claimed do not exceed $8.

The jurisdiction does not (\xtend to actions where th(^
Queen is a party, or where the title to land is in question, or
the action is for a debt exceeding $i20 unless the same has
been reduced by payment or abandonment to that sum, or
where the action is for debt against personal I’eprcsentatives,
trustees of absconding debtors, assignees of bankrupts or
insolvents, or banking or insurance companies *.

A rehearing may on affidavit be obtained before a
Justice of the Supreme Court.

Local Courts. Stipendiary and Police Magistrates have
jurisdiction in the county, town, parish, or district for wliicji
they are appointed,

1. in all actions where a Justice of the Peace lias
Civil jurisdiction ;

2. in all actions of debt where the amount claimed
does not exceed f 40 ;

8. in all actions of tort to real or persom’ jiropci-ty
where the title to land does not come in ([ucslion and where
the damages do not exceed S16.

Civil Courts of St John, Fredericton, Portland. Special
Civil Courts have been established in certain towns.

The Small Debts Court of Fredericton has jurisdiction
in actions of debt up to $40, and in tort up to $1().

The City Court of St John and the Civil Court of
Portland have jurisdiction in actions of debt up to 880,
and in tort up to $20 ^

Parish Courts. In each parish a Court is hild before a
Connnissioner, being a Justice; of the Peace appointed by the
Lieutenant-Governor in Council ‘.







> C. S., N. E., c. CO.

“■ C. S., N. B. cc. 53—57.

■^ C. S., N. B. c. 59, t3 Vie. c. 12.









The Court has jurisdiction in

1. actions of debt where the sum demanded does not
exceed S4() ;

2. actions of tort to real or personal property where
the damage claimed does not exceed ^IG.

The same causes that are excerpted out of the jurisdiction
of the Justices’ Court are also excepted out of this Court
substituting |;40 for |20.

Court of Divorce and Matrimonial Cavses. By the
31 Geo. 3, c. 5 (N. B.) the Governor and Council were con-
stituted a Court for hearing and determining causes relating
to marriage and divorce.

By the 23 Vic. c. 37 (N. B.) a Court of Divorce and
Matrimonial Causes was established, and the jurisdiction
formerly vested in the Governor and Council in respect
of marriage and divorce is tkjw vested in this Court ‘.

An appeal lies to the Supreme Court.

Probate Court. Probates of Wills and Letters of Ad-
ministration were at Hrst granted by the Governor inider
the Koyal Instructions ; Surrogates being appointed for that
purpose in the different counties”’. The Court of Probate
has now full jurisdiction in all matters relating to wills oi’
administrations, an appeal lying to the Supreme Courts

County Courts. When the province was first established
County Charters or Letters Patent were issued creating the
several districts, into which the province w^as for that pur-
pose divided, separate counties, and constituting a separate
judicial system for each district. Amongst the Courts es-
tablished were the Inferior Courts of Common Pleas with
jurisdiction in all causes arising within the county and in
which the amount claimed exceeded 406′, and did not excei.’d
£50 in value and in which the title to lauds did not come

‘ C. S., N. B. c. 50.

‘- Keport on Judicial Institutions of N. B. p. 35.

^ C. S., N. B. c. i,-!, 41 Vice. 30.




ill (piostioii. In 1795 the jurisdiction was extended by
giving to these Int’ciioi- Courts ii concuirent jurisdiction with
the Supreme Court \ These Inferior Courts of Coinnion
Pleas were abolished in 1SG7 and County Courts substituted
for them I

A County Court sits in each county from time to time Jurisdio-
aud has jurisdiction in all personal actions of debt, covenant
and assumpsit where the debt or damages claimed do not
exceed $200, and in actions on bonds given to the sheriff
or otherwise in any case in a County Court and in actions
on other bonds where the real debt does not exceed S4()0 ‘;
except (1) where the title to land is in cpiestion, (2) wh(‘re
the validity of any devise, bequest or limitation is disputed,
(8) crim. con. and seduction, (4) breach of promise of
marriage, (5) actions against justices of the peace for any-
thing done ill the execution of their otiice *.

An appeal lies to the Supreme Court by any party
feeling himself aggrieved by the decision of a judge U])()n
any point of law, or with the charge to a jury, or with the
decision upon motion i’or a non-suit or for a new trial or in
arrest uf j udginuii L ‘.

County Courts have concurrent jurisdiction with the
Circuit Courts in all criminal cases except ca])ital ofiences “.

Siq)reiiie Court. The Supreme Court of New Bruiis- Sapronr
wick was established by General Thomas Carleton, the lirst
Governor, under the authority of the King’s Commission.
It was invested with the powers and authorities of the
three Superior Courts of Law at Westminster Hall. Its
constitution and practice have from time to time been
moditied by local statutes \

1 N. li. 3.j Geo. 3, c. 2: sec Uopoit of Commissioners on Judicial Institu-
tions of the Pioviuce, 1S33.

– N. B. 30 Vic. c. 10. ■ N. B. I’J Vie. c. 1.8.

* C. S., N. B. c. 51. 5 iij. s. 50. « lb. a. G2.

– C. S., In. B. 37. N. B. 30 Vic. o. 31 ; 12 Vic. c. 7 ; lb. c. 8 ; U Vic.
c. 12.






‘ . t


A:?] \



In 1879 ii separate; Judge in E(}iuty was appointed to
hold separate Equity sittings and to exercise all the powers
of tlie Supreme Court in Etjuity. The in-iginal jurisdiction
(A’ the Supreme Court was preserved and an appeal was
allowed to the Court from the Judge in Equity’.

Tlie Court is now comijosed of a Chief Justice, a Judge
in E(iuity and four Puisne Judges*. Sittings of the Court are
hehl at Frf the Supreme Court in Equity.


i -;

J 111


Coll Illy

Cuuntt/ Courts are held in counties fron\ time to time*^.
The Courts have jurisdiction,

(a) in all personal actions of tort where the damages
claimed do not exceed $100 ;

{h) in all actions of replevin where the value of the
goods does not exceed f 100 ;

(c) in all actions ex contractu where the amount
payable does not exceed $250.

The following actions are excepted :
((/) for a gambling debt ;
(/>) for spirituous licpior drunk in a tavern ;
(c) on notes of hand given for a gambling debt or foi-
li([Uor drunk in a tavern ;
((/) of ejectment ;

‘ N. B. 42 Vic. c. 7. lb. c. 8. -‘ N. B. 44 Vic. c. 12.

•’ N. B. 13 Vic. c. 10. J N. B. 4’J Vic. c. ‘J.

° C. S. Man. 1880, c. 34. IM. 48 Vic. c. 22.







(e) relating to validity of duvist’S or limitations uiultji’
a will or suttlomeut;

(/) for malicious jirosecutiou, libel, slander, crim, con,,
seduction or breach of promise of marriage ;

{g) against justices of the peace or peace officers for
anything done in the execution of their office.

A Surrogate Court has been established for each judicial Snrmndtr
district. The Senior County Court Judge for the district

The Court has jurisdiction in all matters relating to
probates of wills and letters of administration in the
Province ‘.

Court of Queen’s Bench. The Court of Queen’s Bench <^"""rt »/ consists of a Chief Justice and three Puisne Judges and iiencii. sits at Winnipeg ^ The Court as a Court of original and appellate juris- diction possesses "all such powers and authorities as by the laws of England are incident to a Superior Court of record of civil and criminal jurisdiction in all matters civil and criminal whatsoever and shall have use enjoy and exer- cise all the rights incidents and privileges as fully as the same were on the loth July 1870, possessed used exercised and enjoyed by any of Her Majesty's Sujaiior Courts of common law at Westminster or by the Court of Chancery at Lincoln's Inn or by the Court of Probate or any Court in England having cognizance of property and civil rights and of crimes and offences ^." The Court has therefore both civil and criminal as well as legal and equitable jurisdiction*. Courts of Assize for civil causes are he'd by one of the .l.ssuf,-.-. juilges of the Queen's Bench twice a year at Winnipeg for the Eastern Judicial District, and at Portage la Prairie for • M. 14 Vic. c. 28, 8. 93. •' lb. s. (). = M. 18 Vic. c. 15, S3. 11, 13. •» lb. a. 7. .: ': k i 104 TllK I'liOVINCIAL JUUICATUllE. the Central Jiuliciul District, and at Brandon for the Western Judicial District*. As a Court of A2)peal the Queen's Bench hears appeals on points of law from County Courts"; appeals from the decision of an election judge on any (piestion of law or facts'*; ajjpeals from a judge in chambers* and from the Surrogate Courts ^. 1^ ! I 1 n Small DebtK Court. County Court. Supreme Court, British Columbia. Hinall Debts Cuurt. Actions in which the sum demanded does not exceed flOO may be tried before a stipendiary or a police magistrate ®. Count}] Courts. Six County Coiu'ts have been es- tablished under the 4G Vic. c. 5. They exercise jurisdiction in all civil causes up to $1000 and in ecjuity up to $2500, and are invested with the powers of a Court of Probate. An appeal on points of law lies to the Sujjreme Court. Supreme Court. By a commission dated the 2ud Sept. iSocS, Her Majesty appointed Matthew Baillie Begbie to be a judge of the Colony of British Columbia with full power to hold Courts of Judicature and to administer justice. Governor Carleton on his arrival issued a pro- clamation which had the force of law declaring that the Court held before Judge Begbie shoidd be known as the Supreme Court of Civil Justice of British Columbia and ordained that the Court should be invested with " complete cognizance of all pleas whatsoever" and "with jurisdiction in all cases civil as well as criminal arising within the Colony." Previous to this an order in Council dated the 4th April 1S56, had constituted a Supreme Court for Vancouver's iM 1 M. 48 Vic. c. 10. 8 lb. c. 4, s. m. s M. 14 Vic. c. 28, H. 123. - C. vS. Man. c. 34, s. 20G. ■» lb. c. 31, 8. 24. fl B. C. 4'.) Vic. c. 0. rillNX'H KDWAKDH ISLAND, 105 i;.. Ishiiid. AIUt tlu' uuidii of ihf Island with l>ritish (‘(ilmnbiu
the t\V(j Courls were incrg’ud in oiu’ Cinirt callrd the
Siipreiuu Court of British Cohuidna’, such Court to possess
all the powers of the two previously existing Courts.

Subse(pieutly the Legislature passed an Act ‘^ constituting
a Provincial Supreme Court under the name of the Court
of Queen’s Bench to be composed of the same Judges as the
Sui)remc Court, and to have all the powers and jurisdiction
of that Court.

The Supremo Court now consists of a Chief Justice
and four Puisne Judges. Courts of Assize are held in
different towns throughout the Province on lixcd days I



I in

I ))


I )
Ir s

Prince Edward’s Island.

Civil Jurisdiction of Justices. WJiere a debt does not
exceed 832 a debtor may be arrested and brought before
a Justice of the Peace, and unless he gives secmity f(jr
appearing at the County Court to answer the plaintiff’s
suit, tw^o Justices may try the causes, an appeal lying to
the County Courf*.

Courts for trial of Small Belts to be held before Com-
missioners were in 18G0 established throughout the province.
Jurisdiction was conferred in matters of debt and trover i\)V
the recovery of sums not exceeding £20, except where a
(piestion of title was involved, or the action was for a
gambling debt. Actions for rent were also excluded unless
no distress could be found on the premises^

County Courts. The County Courts have jurisdiction,
(a) in all actions ex contractu and ex delicto wlim’ the
debt or damages claimed do not exceed $150 ;

■I untie






1 B. C. Ordinances, Ibt March, 1801), 22nd April, 1870.

2 B. C. to Vic. c. 3. 3 B. C. 18 Vic. c. G; I’J Vic. c. 3 ; 50 Vic. c. 8.
* P. E. I. 37 Vic. c. 1.

5 P. E. I. 23 Vic. c. 10.







{b) ill actiuiis uii bail b(jii(l.s givuu Lu a slit’iitV in a
County Cuurb or wlicru tlie penalty is recuvcrablL’ bct’uru the
Court of Couunissionurs for the recovery of small debts ;

(c) in all autiouH for any amount recoverable under
any statute before the Court of Conunissioners for the
recovery of small debts.

The following actions are excei)tcd,

(a) of detiinie, replevin or ejectment where the title
to land is brought in (juestion ;

(b) in which the validity of any devise, becjuest or
limitation is disputed ;

(c) crim. con. and seduction ;

(d) for breach of promise of marriage ;

(e) against executors or administrators ;

(/) i^gy-iiist Justices of the Peace for anything done in
the execution of their ollticc ;

(g) upon judgments in the Supreme Court*.

An appeal is allowed to the Supreme Court “.

A Marine Court of Enqnirij established by the 27 Vic.
c. 23 has jurisdiction in collisions, casualties resulting in loss
of life and charges of misconduct against masters of vessels.

Surrogate Courts. Jurisdiction in matters relatuig to
wills belongs to the Surrogate Courts ^

Insolvents’ Courts were established by 81 Vic. c. 15.

Coicrt of Divorce, In 1835 the Lieutenant-Governor and
Council were authorized to hear and determine all matters
relating to divorce, and power was given to the Lieutenant-
Governor to a^ipoint the Chief Justice to preside in his
stead *.

Supreme Court, The Supreme Court was established by
Governor Patterson under the powers conferred by his Com-

1 P. E. I. 41 Vic. c. 12, 63. IG— 17.
3 P. E. I. 3G Vic. c. 21.

•J lb. s. 93.

M’. E. I. 5 Will. 1, c. 10.




mission’. As ii, C’lniil u|’ (“ininmiii Law it is f()iii|Kisr(l nf
u duel’ .Iiistici.’ ami two Puisne .liistifcs, who cxcivisr u
juns(licli(jn siniiku’ to thai enjoyed hy the old Courts of
Quuen’.s Bunch and Conmion Pleas.

Jurisdiction in Iviuity belongs to the Master of the ilolls”
and to the Vipe-Cluincellor”, who act also as Puisne Judge’s
on the Connnon law side of the .Sujjrenie Court. An ajipcal
in Ecjuity lies to the Chief Justice, the Master of the Rolls
and the Vice-Chancellor’ Kxcept when silling in the Court
of Appeal the Chief Just.je has no e(|uity jurisdiction.

The Mastt’r of the Uolls ;is such has similar powers to
those formerly enjoyed by the Master of the Rolls in
England”, and the Vice-Chancellor as such has co-ordinate

The Chief Justice, the Master of the Rolls and the
Vice-Chancellor act as a Court of Appeal in Chancery’, and
all right of appeal to the Lieutenant-Covernor as Chancellor
haa been taken away”.




N( )in”ir-WEST Teriuti )1!I ks.

The Supreme Court consists ot Hve Puisne Judges, each
of whom is re([uired to reside at svich place in the territories
as the Governor in Council directs “. A judge usually exercises
jurisdiction within the district in which he resides, and is
invested with all the p(jwers of the Court other than those
usually exercised by a Court sitting in banc.

The Court possesses the same powei’s as the Co;u\, of
Queen’s Bench of Manitoba ‘”, and has all tin.’ powers vested
in the Stipendiary Magistrates on the 2nd June Ifssii.



1 See ante, p. 32.
3 P. E. I. 32 Vic. c. 1.
5 P. E. I. 11 Vic. c. G.
‘ lb. P. E. I. 1() Vic. c. (1.
‘•’ 11. S. C. c. 50, sa. 41—45.

8 P. E. I. 11 Vic. c. 0.

^ lb. 4G Vic. c. «.

” P. E. I. 32 Vic. c. 4.

» P. E. I. 44 Vic. c. 10, s. 3.

1″ lb. a. 48.








Every .Iiid^fc is autlioriziMl to lii>l(l u l.’inirt ut s)i<-li tinu's uml pliiccs as he thinks proper and to (k'l'idc any claim <»r (lis|»\it(' in a Huniinary inanncr, except in a(!tions of debt or contract where the claim exceeds I^IOOO, and in actions ol' tort where the amount, claimed exceeds ^o.UU, in wh' casus either party may demand a jury'. I COUUTS OF CllIMlNAL JURISDICTION. V>y section 91 of the British North America Act IHG7,
the Criminal law includini,” Criminal piocedure was placed
within the legislative jurisdiction of the Dominion whilst
the Constitution of Courts of Criminal jurisdiction was
handed over to the province.

A uniform code of Criminal law and procedure lias
been for some years in force in the Dominion.

jitxticcs. Justices of the Peace. Justici’s of tlie Peace and •’

pondiary magistrates have by various statutes jurisdiction
to try in a summary manner minor offences. They are also
authorized to try sunnnarily certain indictablt_^ offences such
as larceny, embezzlement, obtaining money under false pre-
tences, aggravated assaults, assaults on children or magis-
trates, using premises for betting, provided the accused
consent to be so tried. Persons under 10 years of age charged
with larceny may be tried before one stipendiary magistrate
or two justices’*. An a})poal from any conviction of justices
lies in Ontario to the Sessions, in Quebec to the Queen’s
Bench, in Prince Edward’s Island and North- West Territories
to the Supreme Court, and in the other provinces to the
County Court’.

Scsniuiu. General or Quarter Sessions, Recorders Court. These

courts sit at least four times a year and have as a rule power

1 11. S. C. c. 50, a. 88.

2 lb. CO. 171, 17().

^ lb. c. 178, b. 70.

fOCIfTS or CIv’lMINAI, .lllilSDK TI(>\.


to tfv all iinlif’tnblc (iri’cin’cs <'xc(|)t tiTMsdii, fMony pniiish- iiltlc with (liatli, lilirl, iiikI iVainliilriit ads ol' .'iLfciits, Iiaiikris, factors, tru.stc'cs, (liivc'tors, kccjMrs of warehouses or partners'. Connli/ Conrtn. In some iirovinces such as Manitoba, Nova Scotia and Now I^runswick, tht; County Court exorcises a criminal jiu-isdiction, a^ a])poals from decisions of Justices are in these jirovincos taken to the (^)unty Comt. (JoH)'fs of ()i/er (1)1(1 I'enninrr. Courts of Dyer and Terminei- and ^^eneral i^^aol di'Hvery are held periodically in the dilferent ])ro\inces. Such Courts have general juris- diction in tri'ason, felonies, and other indictable otfeiict's". 'The Supreme Court of each province has on its Citnuiion law side jurisdiction in all indictable oifeiices. Court for consulcrdtion of Crown Cases reserved. Any (piestion of law arising on a trial where a person is coiivicted on indictment of any treason, felony or misdemeanour may bo reserved by the Judge for the consideration of this Court''. The Court for the considerat ion of Crown cases reserved (.'iiiintii Ciiiiiiii of Oi/ir iii'il 'ii rin'nii i\ Prariiicidl Stljirt'illi' Cdiirt. Ciiiirl fur coii.iiilcni- tion iif rcKi'rrcd cast a. IS in Ontario, any division of the High Court of the pro- vince; in Quebec, the Court of Queen's Bench on its appeal side; in Nova Scotia, New Brunswick, British Columbia, and Prince Edward's Island, the Supreme Court of the province ; in Manitoba, the Court (»f Queen's Bi'uch of the province; in the North-West Tei'ritories, the Su})reme Court of the Territories'. ' i^i ho 1 R. S. C. c. 171, ss. 1, t\. ' lb. c. 17 1, s. -ir.it. - lb. c. 17 1, fl. 3. * II). c. 171, H. 2. 'SC er • /■ CHAPTER XL » : » TnK Dominion Parliament. i 4 1. Parties to Legislation. The legislative power of the Doiuinioii is generally re- presented as being vested in (1) the Parliament of Canada, consisting of two Houses, viz. a Senate and a House of Commons, and (2) the Governor-General. Inasmuch, how- ever, as the Crown may veto any Canadian Act, it is move correct to say that the Legislature of the Dominion consists of (1) the Crown, (2) the Governor-General and (3) the Parliament of Canada'. Reserving for later consideration the relations of the; Crown and the Governor-General to legislation, an account will now be given of certain matters relating to Parliament generally and then the constitution and functions of each House will be considered in detail. 2. How summoned. Though the British North America Act, 1867, makes provision for the appointment of senators, the election of members of the House of Commons, and the meeting of Puiliament once a year, it is silent as to the manner in which Parliament is sunnnoned, exce])t in so far as it provides by section 88 that the Governor-General may summon the 1 B. N. A. Act, RR. 17, 55, 57. -V^Sw*- ■ IIP THE DOMINION PARLIAMENT. HI CCS of of ich by the House of Commons in the Queen's name under the great seal. By the Letters Patent* constituting the office of Governor- General the Crown authorizes and empowers the Governor- General to exercise all powers belonging to the Crown in respect of the summoning, proroguing or dissolving of the Canadian Parliament. The Governor-General has therefore fidl legal power to exercise the prerogative rights of sum- moning or dissolving Parliament. In exercising these powers he follows closely the practice adopted by the Crown in England. The Dominion like the English Parliament is summoned Rnmnions for the despatch of business^ by proclamation issued by and with the advice of the Ministry. Various months have been selected for the time of meeting but it is now understood that Parliament will be summoned as early in the year as possible. The form of proclamation is as follows. Lansdowne, Canada. Victoria by the Grace of God of the United Kingdoni of Great Britain and Ireland QuEEX Defender of the Foith &c., &c. To our beloved and faithful the Senators of the Dominion of Canada and the Members elected to serve in the House of Commons of our said Dominion and to each and every of you : — Greeting : — A Proclamation. Whereas the meeting of our Parliament of Canada stands Prorogued to the 17th day of the month of December next, Nevertheless, for certain caiises and considerations. We have thought fit further to prorogue the same to Thursday the Form of jiroeliiiiiii- tion. I i ? 1 I e h i(' jl Sec Appendix. ^P^VMI mmi < 112 THE DOMINION PARLIAMENT. seventeenth day of the month of January next, so that neither yon nor any of yon on the said seventeenth day of December next at Our city of Ottowa to appear are Lo Lo held or constrained : for we do will that yon and each of you, be as to Us, in this matter, entirely exonerated ; commanding and by the tenour of these presents, enjoining you and each of you and all others in this behalf interested that on Thurs- day, the seventeenth day of the month of January next at Our city of Ottawa aforesaid, personally be and appear for the despatch of business to treat, do, act, and conclvule upon those things which in our said Parliament of Canada by the Common Council of our said Dominion, may by the favour of God be maintained. In testimony whereof We have caused these our Letters to be made Patent and the Great Seal of Canada, to be hereunto affixed. Witness &c. ■' \i \ f' Proceed- 3. TJie opening of Parliament. inps in the House of When a new House of Commons is elected, the members Commons. ' assemble in their Chamber on the morning of the day men- tioned in the proclamation and at an hour fixed by the clerk, for the purpose of taking the oath and signing the roll. The Clerk of the Crown in Chancery attends at the table and delivers to the clerk of the House a roll con- taining the names of duly elected members. The oath of all(>giance in the form set out in the British North America
Act 18G7,


do swear that I will be faithful and bear

true allegiance to her Majesty Queen Victoria ;

is administered by one of the clerks or the Sergeant-at-
arms authorized for that purpose by the Governor-General*.
Election of Kj tho British North America Act 1867, section 44, the
Speaker. Uo^y^J Qf Conunons on its first assembling after a general

J B. N. A. Act, 1867, s. 128.






election is to ” proceed with all ])racticable speed to elect
one of its members to be Speaker.” The House might
evidently under this provision at once elect its Speaker, and
such election would be complete without any confirmation
by the Governor-General.

The customary method of jjroceeding to the election is
as follows: —

Shortly before the hour fixed for the opening of Parlia-
ment, the members re-assemble. On the U.sher of the Black
Rod presenting himself at the door, which he strikes three
times with his rod, he is admitted. Advancing up the floor
of the House he makes three obeisances and says in French
and in English —

” Gentlemen [or Mr Speaker in suhseqitent sessions],
his Excellency the Governor-General desires the im-
mediate attendance of this honourable House in the
Senate chamber.”

The Usher then retires and the members proceed to the
Senate chamber in order to hear the message relating to the
election of S])eaker. The Speaker of the Senate thereupon
addresses the members as follows :

” His Excellency the Governor-General does not see fit
to declare the causes of his summoning the present Parlia-
ment of the Dominion of Canada until a Speaker of the
House of Commons shall have been chosen according to law,
but to-morrow, at the hour of — his Excellency will declare
the causes of his calling this Parliament,”

The Commons then return to their chamber. The clerk
presides and the election of Speaker is proceeded with, any
(piestion relating thereto being put to the House by the
clerk. The member duly elected is conducted to the Chair
by his proposer and seconder, where he returns his thanks to
the IIous(! for the honour conferred on him. The mace is






11- a I

H ‘










bill pro

then placed on the table and the House adjourns to the fol-
lowing day. Upon its re-assembling the Usher of the Black
Rod again desires its attendance in the Senate chamber.
The Speaker-elect then informs the Governor- General of his
election and claims for the House “all their undoubted
rights and privileges.” The Speaker of the Senate on
behalf of his Excellency replies that ” he fully confides in
the duty and attachment of the House of Commons to Her
Majesty’s person and government and upon all occasions will
recognize and allow their constitutional privileges.”

In the English House of Commons the choice of a Speaker
is “confirmed and approved” by the Crown. This course
was followed in some of the Legislatures of the old provinces;
but when in 1827 Lord Dalhousie, then Governor- General,
refused to approve the election of Mr Papineau as Speaker of
the Legislative Assembly of Lower Canada, the Assembly
passed a resolution declaring the action of the Governor-
General to be unconstitutional, as the Act constituting the
Legislature did not require the choice of Speaker to be ap-
proved by the Governor-General. The form of approval
remained in force in Upper and Lower Canada until the
union of the two provinces in 1841, but the Act of Union is
silent on the point.

After the delivery of the usual speech by the Governor-
General the members return to their own House, the Speaker
after taking the chair informs the House that the u.sual
privileges had been granted to the House by the Governor-
General. The reports of Judges and returns of the Clerk of
the Crown in Chancery respecting elections are then pre-
sented, and in accordance with the custom prevailing in the
English House of Commons a bill is read a first time p7’o
forma in order to assert the right of the House to deal with
any business it may think right to discuss before proceeding
to the consideration of the matters contained in the




The Speaker then reports to the ‘House that his Excel-
lency the Governor-General has that day made a speech to
both Houses of Parliament of which he has obtained a copy.
The speech is entered on the journals as read, and a member
of the Government then moves that the speech be taken
into consideration on a future day. When this is agreed to,
formal resolutions are passed appointing standing committees,
and the librarian’s report and other papers are presented.

In England the Queen’s Speech is invariably taken into
consideration on the same day on which it is delivered; but
in Canada, though the custom is to debate the Speech on the
following day, yet when important matters are likely to come
up for debate its consideration may be postponed for a time.
An instance of this occurred in 1873, when the House thought
it advisable to consider at once matters relative to the Cana-
dian Pacific Railway*.

A resolution for an address in reply to the Speech is
moved and seconded. Each paragraph of the resolution is
put as a separate resolution, and a general debate may take
place on such paragraph and amendments may be moved.
When the resolution has been agreed to, it is referred 2^0
forma to a Committee to prepare and report the draft of
an address. The Chairman of this Committee reports the
address, which is read a second time and usually agreed to
without any discussion. The address is then ordered to be
engrossed and presented to the Governor-General by such
members of the House as are Privy Councillors.

On the opening of a New Parliament the Senators meet
in their chamber, and the Speaker informs the House when
the Governor-General will proceed to open the session. If
a new Speaker has been appointed by the Governor-
General* the Clerk of the House, as .soon as the Senate has
met, reads the Commission making the appointment, and the
Speaker-elect is conducted to the Chair by two prominent

tion of

int,’s in

Can. Com. J., 1873, Oct. aess. p. 119.

B. N. A. A., 1807, s. 34.



1(1 1 i


It If:





“‘) ^



iSenatora. Tho mace is placed on the table and prayers are
read. New members present their certificates of appoint-
ment and take the oath of allegiance*. The House then
adjourns until the hour when the Governor-General is to bo

At the appointed time the Governor-General takes his

seat and the Speaker directs the Usher of the Black Rod to

summon the Commons. The Commons attend with their

Speaker and the Governor-General reads the Speech.

Considora- After the Commons have returned to their chamber and

tion of

Speech, the Governor-Geiieral has retired, a bill is introduced pi’o
forma^ and the Speaker reports the speech, which is then
usually ordered to be taken into account on the following
day. All the members present are then appointed a com-
mittee to consider the orders and customs of the House and
privileges of Parliament. To this committee is referred every
matter affecting the privileges-^ of the House or of its members.
The procedure followed on the consideration of the address
was up to 1870 similar to that adopted in the Commons,
b\it in that year the custom of moving the address directly
without any previous resolution was introduced and has
since been followed. The address being agreed to is ordered
to be presented by those Senators who are Privy Councillors.


4. Quorum.

By Sections 35 and 48 of the British North America
Act, 1867, it is provided that at least 15 Senators and
20 Members of the Hou.se of Commons, including the
Speaker, are necessary to constitute a meeting of the
Senate and of the House of Commons respectively. In the
Senate if, 30 minutes after the Speaker takes the chair,
there is not a quorum, he adjourns the House until the

1 h. N. A. A. 1807, 8. 128.

^ See ante, p. 115.



next day. In the House of Commons the Speaker may,
if the necessary number of members be not present, adjourn
the House as soon as he takes the chair, and is bound to
do so if his attention is called to the fact that there is no
quorum present and such proves to bo the case after counting
the House*. A count out is very rare in the Canadian
House of Commons ‘.

o. Privileges.

By the British North America Act, s. 18, power was Power to
given to the Parliament of Canada to define the privileges, pi.iviic I


-I ;{i







Form of

A person disqualified, if a member, vacates his seat and
incurs a penalty of $200 a day*.

4. Persons giii^ty of corrupt practices at elections.

(a) If it be proved on the trial of an election petition
that any corrupt practice has been committed by any candi-
date, or with his actual knowledge, or if any candidate
be convicted of bribery or undue influence, the election is
void, and such candidate is to bo incapable of being elected
to the House for seven years*.

(&) Persons other than candidates found guilty of
corrupt practices are to be incapable of being elected to the
House for a period of eight years ^.

5. A revising officer cannot be a candidate for the
electoral district for which he is revising officer, nor for two
years after he resigns his office *.

6. Sheriffs, Registrars of Deeds, Clerks of the Peace
and County Crown Attornies are also disqualified ^

4. Method of Election.

Every writ for the election of a member is dated and is
returnable at such time as the Governor-General determines.
The day on which the nomination of candidates is to take
place is mentioned in the writ, and such day must, in the case
of a General Election, be the same for the whole Dominion,
except in the electoral districts in British Columbia and
the districts of Algoma in Ontario, and of Gaspe, Chicoutimi
and Saguenay in Quebec, where the day is fixed by the
returning officer”.

The usual form of writ is as follows: —

Victoria, by the grace of God of the United Kingdom
of Great Britain and Ireland, Queen, Defender of the faith.
To tlio [Returning Officer]

1 R. s. c. c. 8, s. 18.

» lb. B. 98.

» lb. c. 11, B. 9.

» lb. 8. 96.
4 lb. B. 20.
« lb. c. 8, SB. 4—5.




Whereas by the advice of our Privy Council for Canada
We have ordered a Parliament to be holden at Ottawa
on the day of [Oiyiit this preamble except in

case of a General Election], We command you that notice
of the time and place of election being duly given You do
cause Election to be made according to law of a Member to
serve in the House of Commons of Canada for the Electoral
District of {^Except in the case of a General

Election insert here in the place of deceased or

otherwise stating the cause of vacancy] and [except in
the Electoral Districts mentioned in s. 2 of 37 Vic. c. 9]
that you do cause the nomination of Candidates at such
Election to be held on the day of next and

that you do cause the name [or names] of such member
[or members] when so elected whether he [or they] be
preserit or absent to be certified to our Clerk of the Crown
in Chancery on or before the day of next.

Witness Our Right Trusty and Well-beloved Sec,
Governor-General of our Dominion of Canada at our City
of Ottawa, the day of in the year of

Our Reign and in the year of Our Lord 18 ,

Where a vacancy occurs in any Electoral District owing Vacancies.
to death, resignation or other cause, the fact of the vacancy
is brought to the Speaker’s notice in either of two ways,
(1) by a member giving notice from his place, or (2) by a
notice in writing under the hands and seals of any two

The usual form of notice is as follows :
Dominion of Canada ]
To wit J

To the Hon. the Speaker of the House of Commons.
We the undersigned hereby give notice that a vacancy
hath occurred in the representation in the House of Commons


Notice of

House of Commons.











for tho Electoral District of [here state Electoral District,
cause of vacancy and name of Member vacating seat].

Given under our Hands and Seals at this

day of 18

Member for the Electoral District of

M » » ^J

Warrant The Speaker then issues his warrant to the Clerk of

for VAcv- 1 /-N . /-^i . • 1

tion. the Crown in Chancery for the issue of a new writ for the

election of a Member to fill the vacancy’. The warrant is
as follows :

House of Commons.


Dominion of Canada )
To wit J

To the Clerk of the Crown in Chancery.

These are to require you to make out a new writ
for the election of a Member to serve in this present Parlia-
ment for the Electoral District of in the room
of who since his election for the said Electoral
District hath [here state reason for issue of warrant]

Given under my hand and seal this day of in

the year of Our Lord


If there be no Speaker, or if the Speaker be absent from
Canada, then any two members can issue such warrant ‘^.

If a vacancy occur after a General Election, but before
the meeting of Parliament, a new writ is to issue, but this
is not to affect the rights of any person entitled to contest
the previous election.

Within a certain time, varying in the Provinces from 8 to
20 (lays after tho receipt of the writ, the returning officer

1 K. S. C. c. 13, s. 9.

2 lb. s. 13.





issues a Proclamation stating the pl.”.e and time for the
nomination of candidates, the day on which a poll will be
taken if necessary, the polling stations fixed by him and the
place and time whore he will count the votes.

Before issuing the proclamation it is the duty of the
Returning Officer, after ascertaining the number of persons
([ualified to vote, to see that there are a sufficient number
of polling districts, and power is given him to subdivide
the districts appointed by the Legislature or by thu local
authorities so that there may be one polling district for
every 200 voters.

Duties of




Electoral District of

to wit.

Form of



Public notice is hei’cby given to the Electors of the
Electoral District aforesaid, that, in obedience to Her
Majesty’s writ to me directed and bearing date the day
of , I require the presence of the said Electors at

in the County [or City or Town] of on the

day of month of from noun until two of the

clock in the afternoon, for the purpose of nominating a
person [or persons] to represent them in the House of
Commons of Canada : and that in case a Poll be demanded
and allowed in the manner by law prescribed, such Poll
will be opened on the day of the month of

in the year from the hour of 9 in the morning till 5 of

the clock in the afternoon, in each of the Polling Districts,
that is to say:

For the Polling District No. 1, consisting of

A.nd further that on the day of at

1. shall open the ballot boxes, sum up the votes given for the
several candidates and return as elected the one having the
majority of votes.

i ■








Of which all persons are hereby rcr.tiested to take
notice and govern themselves accordingly.
Given nnder my hand at this day of

in the year

A. B.

Returning Officer.

tion of






% i

Ciindidatcs are nominated in writing signed by 25 electors.
The nomination jmpcr is not valid nnless accompanied by
the written consent of the candidate, except when he is
absent from the Province, in which case such absence is to
be stated in the nomination paper.

One of the persons filing the nomination is reipiired to
make oath before the Returning Officer that he knows the
several persons who have signed the nomination paper to be
electors duly qualified to vote ; that they signed the paper
in his presence ; and that the consent of the candidate was
signed in his presence, or that the candidate was absent from
the Province.

A sum of 200 dollars also has to be deposited with
the Returning Officer. This sum is returned to the can-
didate if he is ‘ lected, or if he polls half as many votes as
those given the successful candidate : otherwise the sum is to
belong to the Dominion and to be a|)plied by the Returning
Officer in defraying the expenses of the election ‘.

If a poll is necessary, it takes jilace on the day fixed.
The voting takes place by ballot, and the poll remains open
from nine in the morning till five in the afternoon. On the
close of the poll the Returning Officer counts the votes and
declares that candidate who is found to have a majority of
votes elected. If an equality of votes exists between two or
more candidates, the Returning Officer may give a casting

1 R. S. C. c. 13, B. 8, BB. 19— 23.





Within four days after the declaration of the poll any Rtcomit.
“credible witness” may a])ply to the County Court JiKlge
or to the District Judge, or in the Province of Quebec to
the Judge of the 8uperi(jr Court discharging his duties in
the district, for a recount of the votes on any of the follow-
ing grounds, viz. that the Returning Officer (1) iin])roperly
counted, or (2) improperly rejected ballot papers, or (3) that
a person, whose name was included in or excluded from the
list of voters, was by the judgment of a Court not entitled
or was entitled to have his name on such list, or (4) that
the Returning Officer improperly summed up the vote-^.
The application must be supported by affidavit, and if se-
curity is given to the amount of 100 dollars, the Judge is
to hold a recount and certify the result to the Returning

In order to allow time for an application for a recount iictnrn.
the Returning Officer is not ref[uired to make his return to
the writ of election until after the sixth day from the decla-
ration of the poll.

The return is in the following form : —

I hereby certify that the Member [or Members]
elected for the Electoral District of in pur-

suance of the within given writ as having received the
majority of votes lawfully given is [ur are] A, B and C
[names as in nomination jjapersl

Signed R. 0.
Returning Officer.

The return, together with a report, and other documents
are transmitted by post to the Clerk of the Crow^n in Chancery.
A duplicate of the return is sent to each candidate, and a
notice of the return is publishetl in the Canada Gazette.

The expenses of the Returning Officer are borne by the Expenses.
Dominion. The Governor-Oeneral by warrant directs the
Minister of Finance to pay the necessary fees, allowances



li i







r i



Acts fur

Rntiirn to
tho Writ.

Tho Oath.

iiiid (lishursumuiits out of thu Cuiisolidatwl lluvomic ‘. If
a cuiididiitf, us already pdiiitiMl out, does not poll half as
many votes as the candidate elected, he forfeits the 200 dollars
deposit, whieh will then be applied by the Dominion towards
the expenses of the election.

The use of Ha^’s or ribbons or favours on the day of
election, and within eight days before such day is forbidden”.
Taverns are to be eh)se(l on the {)olling day’. Corrupt
practices, such as bribery or treating, or personation, or
paying for the couvcyaucu of voters are forbidden under
heavy penalties *.

At the beginning of each Parliament a return book
is furnished by the Clerk of the Cnnvu to the Clerk of
the Commons and is sufficient evidence of the return. In
addition to the return book the Clerk of the Crown semis to
the Clerk of the Commons a certificate of the return to each
writ ” deposited as of record ” in the Crown OfHce, and this
certiKcate is usually re([uired before a member takes his
seat. Not unfre([Uently members are sworn before such
certificate is made out, but in such cases a resolution is
passed admitting the member to take his seat, and re-
commending an adherence to the practice of recjuiring the
certificate of the Clerk, of the Crown to the return of the

By the British North America Act, s. 1 28, every member
before taking his scat must take and subscribe before the
Governor-General, or some person aixthorized by him, the
following oath of allegiance : —

I do swear that I will be faithful and bear

true allegiance to Her Majesty Queen Victoria.

The Clerk is the person usually authorized by tho
Governor-General to administer the oath.

1 R. S. C. c. 13, Sis. 121—123.
3 lb. 8. 83.

2 lb. s. 81.

* lb. ss. 84—99.

:. ji

‘■ i




No ]K’ii(illy is iiicMrii’d l»y a iin’iiihcr who sits or votes
without tJikin^f thi’ oath. In I.S75 alti’iitioii was ciillid to tlic
fact that. Mr Oitoii, MiiiibtT for the Electoral J)istrii’t of
Contru \V^.’lliii^4oii, had sat. ami voted without takiii<( the oath, Thu Coiniuittee of Privileges, to whom the matter was rufurred, held that, as there was no law on the siihjeet, he hud neither incurre(| any penalty mn- vacated his seat, hul that his Votes I'ecorded before takinif the oath should he struck out of the division list and the journals '. Since the year 1 all lu’W meiidx’rs (‘lected after oi’ Intro-
at a Ciencral Election, including Ministt’rs after re-election, MuiubeiH.
have been introduced on taking their seat. Previous to that
year the practice was not uniform. The practical advantage
of a formal introduction is that it secures the administration
of the oath not being overlooked.

The form of introduction is as follows: the new meud)er
standing between two other members is presented to e
Speaker in these words,

“Mr Speaker, I have the honour to present to you A. B.,
Member for the Electoral DLsttict of who has

taken the oath and signed the roll and now claims the
right to take his seat.”

The Speaker thereupon replies : ” Let the Honourable
Member take his .seat.”

The member then advances to the Chair and pays his
respects to the Speaker.



< .'■I i 1' J 5. Election Petitions. The trial of Election Petitions is regulated by the Dominion Controverted Elections Act ". Any corrupt practice connnitted by a candidate or by his agent, with or without the candidate's knowledge, voids ' Sue Burinot, p. 113. - 11. S. C. c. 'J. m ' ■ ' I 138 THE UOUSE OF COMMONS. II Triiil of Petitions. Appeal. an election. Corrupt practices include bribery, treating, undue influence, or personation. The Act confers jurisdiction to try Election Petitions on the following Courts : in Quebec : the Superior Court of the Province ; in Ontario : the Court of Appeal, and the High Court of Justice of the Province ; in Nova Scotia, New Brunswick, Prince Edward's Island and the North West Territories; the Supreme Court; and in Manitoba : the Court of Queen's Bench of the Province. A Petition may be presented either by a catididate or by any one who had jj, right to vote at the election to which the Petition relates. The Petition is heard before one Judge without a jury and takes place in the Electoral District, to which the return in ([uestion relates, unless the Court is of opinion that the trial could be held more conveniently elsewhere. An Appeal is allowed in Quebec to any three judges of the Superior Court of Quebec or of Montreal, and in the other provinces to the Court of which the Judge trying the Petition is a member. Such Appeal must be limited to a preliminary ob- jection, which, if allowed, would have put an end to the Petition, or to an Appeal from the decision of the Judge who tried the Petition on a point of law '. At the conclusion of the trial the Judge makes his report to the Speaker who communicates it to the House. 6. Officers o*' tue House. The Speaker. The Speaker is elected by the House ^ though aftei his election he proceeds, accom[)anied by the members, to the Senate Chamber to inform his Excellency t.he Governor- » R. S. C. c. 9, 8. 50. ' B. N. A. Act, 18G7, bb. 44, 45. m OFFICERS OF THE UOUSE. 139 General that the House has " elected him to be their Speaker." The choice of the Speaker is not " continned " and " approved " by the Governor-General, as it is by the Crown in England. Up to 1840 the election of the Speaker of the Legislative Assembly in both Upper and Lower Canada was always " approved " by the Governor, but such approval is not essential \ When a Speaker dies or resigns during a prorogation, the House of Commons at the oj^ening of the next Session adopts the English practice of pro-^eeding to the Senate Chamber and asking the authority of the Governor-General to proceed to the election of a Speaker according to law''. The duties of the Speaker are prescribed by Standing Duties of Orders, by the customs of the House, and by English pre- cedents. He presides over all meetings of the House ^, and receives and puts all motions. He communicates to the House all messages received from the Governor-General or from the Senate. If necessary he reprimands members and under the; instructions of the House commits persons to the custody of the Sergeant at Arms. He decides points of order, subject to an appeal to the House, and enforces all rules, and is the official mouthpiece of the House when an address is presented to the Crown or to the Governor-General. If the Speaker from any caus'. I;t'ds it necessary to leave Absruce of the Chair, he may call upon the Chairman of Committees, or in his absence, upon any member, to take the Chair during the remainder of the day\ If the Speaker is unavoidably absent the Chairman of Committees acts as Deputy Speaker ^ The Clerk of the House is appointed by Commission 'ihc under the Great Seal to hold office during pleasure. Ho ^''^'■^^' fS '(I, \i ! ■ 1 See ante p. 114. ■ Buriuot, p. 103. ^ jj j^ ^ ^,,j_ jggy^ ^ ^(^ * l\. S. C. c. 14, 8. 1. s lb, fi. 2, 7 Serjeant at Anns. It If !i 140 THE HOUSE OF COMMONS. acts as rccordcT and keeps the journals of the House. The CUtIc Assistant is appointed by the Speaker to assist the Clerk. The drafting of all public bills, and their revision after passing the various stages are entrusted to the "law clerk". The Sergeant at Arms is appointed by the Crown and acts as the chief executive officer of the House, fulfilling similar functions to those performed by the same officer in the English House of Commons. 7. Internal Arrangements. Each member is provided with a seat and a desk to which is affixed a card with his name. It is the duty of the Sergeant at Arms to see to the allotment of seats. Strangers are admitted to the galleries by tickets dis- tributed to members by the Sergeant at Arms, and to the Speaker's gallery by order of the Speaker. Strangers are not obliged to withdraw when a division takes place, but either the Speaker or the House may order the withdrawal of strangers. 8. Resignation. A member resigns or vacates his seat : (1) By giving notice of resignation from his place in the House. (2) By giving written notice under seal attested by two witnesses to the Speaker, or if there be no Speaker or if the member be Speaker, to two members. No member can resign while his election is contested, nor until the time during which it may be contested has elapsed '. > R. S. C. c. 11, B 12.



It i

(3) By death.

(4) By accepting certain offices ‘.

The House of Commons on at least one occasion since Expnlsion
the Confederation has expelled a member. Previous to bcrs!’™
the Union the Legislative Assemblies of Lower and Upper
Canada had several times exercised the power of ox-
pulsionl In 1874 Louis Kiel accused of the murder of
Thomas Scott, was expelled as a fugitive from justice, and
when he was returned again in lS7o, a new writ was ordered
to be issued for the election of a new member ” in the room
of Louis Kiel adjudged an outlaw.”

• R. S. C. c. 14, ss. 5—7. See ,tntr, p. 129.
* Sec cases in Burinot, p. 150.


•f ‘








The Senate.

( V

N. W. T.

1. Number.

The number of scricators by the B. N. A. Act, 1.867, s. 22,
was limited to 72, 24 being assigned to Ontario, 24 to
Quebec, 12 to Nova Scotia and 12 to New Brunswick. On
tie admission of British CoUinibia the Order in Council of
the IGth May, l37l, assigned three senators to the province
and thus increased the number to 75. When Prince
Edward’s island was admitted in 1873, no addition was made
to the Senate, but in accordance with section 147 of the
B. N. A. Act, 1867, Nova Scotia and Now Brunswick were
each dejirived of two senators, and the four places thus
obtained were given to the newly admitted province. Mani-
toba by the 33 Vic. c. 3, s. 3, had three senators assigned to
it under the powers conferred on the Dominion Parliament
by the Imperial Act 34 and 35 Vic. c. 28, thus bringing the
mimber up to 78. Any doubt as to the validity of the
addition of senators by the last mentioned act was set at rest
by the Imperial Act 49 and 50 Vic. c. 35, which confers on
the Dominion Parliament full power to make provision for
the representation in the Senate of any new province or of
any territory.

In 1887 a Dominion Act’ provided that the North –
West Territories were to be represented by tv,o senators
possessing the same qualification as other senate irs.

1 50 and ol Vic, c. 3,



The 2Gth Bcction of the B. N. A. Act of 1867 empowered Additional
the Crown on the recommendation of the Governor- General,
to direct at any time, that three or six members be added
to the Senate.

In Dec. 1873 the Canadian Privy Council, nominally “in
the public interests,” but in reality to increase the supporters
of the Ministry in the House, advised that an application
be made to Her Majesty to add .six members. The recom-
mendation was forwarded by the Governor-General to the
Colonial Secretary who, under the circumstances, declined to
advise Her Majesty to comply with the request.

“After a careful examination of the question,” said the
Colonial Secretary, “which is one of considerable importance,
I am satisfied that the intention of the framers of the iGth
section of the B. N. A. Act, 1867, was that this power should
be vested in Her Majesty, in order to provide a means of
briiifjinjT the Senate into accord with the House of Commons
in the event of an actual collision of opinion between the
two Houses. You will readily understand that Her Majesty
could not be advised to take the responsibility of interfering
with the constitution of the Senate, except upon an occasion
when it had been made apparent that a difference had arisen
between the two Houses of so serious and permanent a
character that the Government could not be carried on
without Her intervention, and whcTC it oould be shewn
that the limited creation of senators allowed by the Act
would apply an aderpiate remedy. This view is, I may
observe, strongly confirmed by the provisions of the 27th
section, which shew that the addition to the Senate is only
to be temporary and that the Senate is to be reduced to its
usual number as soon as po.ssible after the necessity for the
exercise of the special power has passed away’.”

‘ Can. Se83. Pftpers, 1S77, No. 08.

^ f

i ‘

K f ‘

I.*”‘ T

i ■!■,[

I ‘






144 the senate.

2. Qualifications of Senators.

By section 23 of the B. N. A. Act, 18G7, the qualifications
ro(inire(l of a Senator are as follows : —

1. He must be 30 years of age.

2. He must be either

(a) a natural born subject of tho Queen, or

(b) a naturalised subject.

Nattu’alisation is one of the subjects specifically reserved
to the Dominion Parliajnent, and therefore an alien can only
be naturalised by force of a Dominion or of an Imperial Act
of Parliament. The status of aliens naturalised before the
Union by a Proviiicial Legislature is recognised, a)id such
subjects may be Senators.

3. His real and personal property must be of the value
of 4000 dollars over and above his debts and liabilities.

(a) Of this property a certain minimum amount must
consist of freeholds of which he is seised for his own benefit.
The lands referred to in the Act* are “lands or tenements
held in free and common socage… or held in franc-alleu or in

(b) The minimum amount of freehold property is
4O00 dollars and such amount is calculated “over and above
all rents, dues, debts, charges, mortgages, and incmnbrances
due or payable out of, or charged in or affecting the same.”

(c) It is not necessary that the freeholds should be in
the particular Electoral District of the Province for which
the Senator sits, except in the case of Quebec Senators who
are non-ri’sident in the Province of Qiubce*.

4. He nuist be re.side\ ■. in the Provinef for which he is
appoint ed^ The Senators from Quebi e an an exception to

‘ K N. A. A. 8. 23, (31).



^ 15. N. A. A. s. 23 (5).






tliis rule, as it is sufficient if uou-residL’iits liave lli.’ nal
pi-operty qualificatiuu in the electoral (U\isiou thi whieli
they are appoiutetl’.

5. Before taking his scat a Senator must subsci’ilx’ tlic
Oath of Allegiance, and make a declaration that he is diilv
([ualificd in respect of ])roperty for sitting in the Senate”.

Tn LS80 a resolution was adopted by the Senate by
which every member is re(piired, within the first twenty
days of the first session of each parliament, to take before
the Clerk in the form prescribed by the B. N. A. Act
18G7, a renewed declaration as to his 2)r()perty (|iia]itiea-

A Senator is forbidden, under a penalty of 200 dollars
a day, to be directly or indirectly a pai’ty to oi’ conccnied
in a contract with the government, but this is not to affect
a Senator who is a sliareholdei’ in a public company that
has with the governnu’ut a contract not relating to the
building of any public work’.

All fpu’stions relating to the qualification of a Senator
or to a vacancy in the Senate are heard and deternuned by
the Senate”.


Senators in Canada are not, as in the United States,
elected by the legislatixe bodies in the different .states. Thry
are appointed by the Governnr-Ueneral, but iho (Ion niior-
General in making the appointu>ents is reipiirod to Homin:ite
a certain fixe









(716) 872-4503










1^ I




niont of

sion of

ment of
the sitting

Order of

the Coniinittee practically adopted the rules previously in
force in the former legislative assembly of Canada.

Sessional orders are rules of a temporary nature intended
to govern the business of the session, such as the time of
adjournment or th(,’ presentation of ])a|)crs’; resolutions may
also be passed but their force will e.xj)ire at the end of the

The rules and standing orders may from time to time
be amended. The amendments are in the first instance
discussed by a Special Committee appointed by the House, of
which C’ vt’nittee the Speaker is always a member, and are
afterward’, considered by a Committee of the whole House’.

The Sen.’ * and House of Commons never permit their
rules and ..; ling orders to be suspended, except by
unanimous ■•.v.-oont though a rule may be repi’aled or
amended by a i.iajority of the members*.

The House of Commons.

The House on days when it is in session meets at three
o’clock*. Twenty members including the Speaker are re-
quired to constitute a quorum”, and if on taking the chair the
Speaker finds that 20 members are not present, he adjourns
the House until the usual hour on the next sitting day^
A count-out rai’ely happens in Canada. Contrary to the
English practice members may enter the House during the
whole time the count is going on*. The Spi-aker reads
a form of prayer adopted by the House in 1877, the
doors are then opened an lb. p. 214.

‘ Burinot, p. 217.

♦ lb. p. 215.

” At G o’clock the Speaker leaves the chair until 7.30.

« B. N. A. Act 18(17, 88. 35, 48. ‘ Com. S. 0. 1, 2.

« Burinot, p. 218. « Com. S. O. 10.






Presenting petitions.

Readin^ij and receiving petitions.

Presenting reports by Standing and Select Committees.


After the routine business come Questions, Notices of
Motion, Private Bills, Government Orders, and Public Bills
but the order in which these matters are taken varies. On
Tuesdays and Fridays Government Notices and Orders take
precedence, on Wednesdays and Thursdays Questions have
the first place, whilst on Mondays the House first considers
Private Bills.

On presenting a petition the member having charge Petitions,
of it is allowed to state the parties from whom it comes,
the number of signatures attached to it, and the mate-
rial allegations it contains. He is not allowed to read
it, though he may have that done by the clerk at the
table. He must endorse his name on it and is answerable
for its not containing any objectionable matter*. The
petition is taken charge of by one of the clerks and after
passing through the Journals’ office, where 1 “s examined
so as to see that it is framed in accordance with the rules
of the House, it is two days after presentation brought to
the table to be read and received. Any member may
oppose the reception of the petition.

By consent of the whole House a petition may be re-
ceived when it is presented, but this course is only adopted
in an urgent case, or where it is advisable to refer it at
once to a Conmuttee”.

The House, following the practice of the English House IVtitions
of Commons’, refuses to receive any petition involving directly ^•” -^'”‘”‘y-
a grant of money, unless it is first recommended by the
Crown*. This does not apply to petitions which are expressed



‘ Com. S. O. 84—86.
” May, 613.

» Burinot, p. 2(;(».

^ Can. Com. J. 1867—8, ‘2’Jl.

■ n







i«;ii(li ags.

in general terms and do not directly ask for public aid
or which ask the House only to take the facts into its
consideration or to adopt such measures as the House may
think it expedient to take.

Up to 1876 petitions asking for imposition of duties
were not received, btit in that year it was thought advisable
to alter the practice and to receive thcni. Petitions also are
received asking for bounties for a particular industry, for
remission on public grounds of taxes or duties, or for
compensation for losses through legislation, but a petition
in which a bounty is demanded for a particular individual, or
which prays for remission of a debt duo to the Crown*
is not received.

Every private bill is initiated by means of a petition, and
such petition is governed by the ordinary rules regulating

Oj p’ sition to private bills also is commenced by a

A ijublic bill may originate in either House, except when
it involves an appropriation of the revenue or imposes a tax”.
The method of procedure in the Senate differs in some
respects from that adopted in the House of Commons, but
both Houses have followed very closely the English practice.
In the Commons a bill passes through seven stages, viz. (1)
Introduction, (2) First reading, (3) Second reading, (4)
Connnittee, (5) Report, (G) Third reading, (7) Passing.

By the standing orders of each House the three readings
are as a ride to be on separate days, except in the case of
bills of an urgent nature*.

The Senate in a case of urgency formally suspends
its standing orders, but in the Conniions it is sufficient for
the House to declare the matter urgent*.

‘ Burinot, p. 2(56.

■I L. N. A. Act, 1807, s. 53.

‘^ Burinut, p. 559.

a See Burinot, p. 268.

* Sen. S. O. 41, 42. Com. S. 0. 43.




Fnti’odiiction. In tho House of Commons ovory bill is Moihufor
nitro(liiC(.Ml M))on imttioii for leavo specitying the title ot
the bill’, and therefore two da}s’ notice must be given”; a
eopy of the bill must be furnished to the .Spi’uker along with
the motion in wi’iting. It is usual for the member in charge
to explain clearly the main provisions of the measure’, but
though there is no rule preventing a debate or forbidding
an amendment, it is not usual to discuss the bill at this

There are two classes of bills that catmot be introduced
diivctly on motion, but which reijuire to be first considered
in committee — (1) Bills relating to Trade, and (2) Money

1. Bills relating to Trade. The 41st standing order of Bills rc-
the House of Commons provides, that all bills relating to tmdo.
trade or to the alteration of the laws concerning trade must

be first considered in Committee in order to give opportunity
for full discussion and a wide notice to persons interested.
There is no such rule in the Senate. The rule applies to
bills affecting trade -‘enerally as well as those relating to a
j)articular trade*.

2. Money Bills. By order 88, it is provided ^roncy
“If any motion be made in the House for any public aid ^””*-

or charge upon the peoj)le, the consideration and debate
thereof may not be })resently entered upon but shall be
adjourneil until such future day as the House may think fit
to appoint : and then it shall be referred to a Committee
of the whole House before any resolution or vote of the
House do pass thereon.”

This rule retpiires that money bills shall first be con-
sidered as resolutions in Committee of the whole House*.

» Com. S. O. 39. ” lb. 31. « Buriuot, p. 517.

* May, 530, and see Burinot, p. 519, for cases to which the rule has been
held to be applicp.ble in Canada.

° Apart from tliis such bills must be recommended by the Uovernor-
Uencral, sec pv$t p. 164.








I >

I ‘I 1

P !





If a bill contains only some clauKoa involving the pay-
ment of money it may be introduced on motion. The money
clauses (which are not considered to be part of the bill)
go before the Committee and after approval are incor-
porated with the bill: but this co\n’se can be adojited only if
the clauses in question are a subsidiary part of the bill.
” Wheiievi’r the main object of a bill is the payment of
jtublic money it must directly originate in Committee of the
whole or else thi; proceedings will be null and void the
moment objection is taken’.”

The rule does not apply either to clauses imposing
pecuniary penalties or to bills of a declaratory nature’.

A similar rule prevails in the English House of Connnons,
and the principle is extended to bills, relating to Religion
or altering laws i-elating to Religion’.

In the Senate no notice or leave is rcqunod to bring in a
bill. By standing orders 39 and 40 it is provided that

” It is the riglit of evtry Senator to bring in a bill.”
” Inniiediately after the bill is presented it is read a first
time and ordered to be printed.”

This corresponds with the English practice.

First redding. After leave has been given to introduce
Jieadin/j. jj^^. ^,j]i [^ [^ ^t^ad a Hrst time without amendment or debate*.
The Si»eaker then proposes the formal question ” when shall
the bill be read a second time ?” in order that the bill may
be placed on the orders of the day for second reading, a
motion that is usually never opposed”.

Second reading. On the motion for second reading the
Commons discuss the principle of the measure, and it is out
of order to discuss the clauses seriatim. The Senate has an
express rule ” 43, the principle of a bill is usually debated
at its second reading.” As regards amendments the same



• Burinot, p. 524.

* Com. S. O. 42.

” lb., pp. 525, 526.
° Buriuot, p. 528.

‘ Anson, p. 220



pmctiei! ))rcvails as in tlic Kn^lish Houso ,»f C’oiniuoiis, the
sccdiid rciuliiii” may hr rcifctctl or an ainon«liinnt may be
cairiL’tl that it be read (Hi next.

It’ the bill bu read a second time, it is then proposed

“that tho House go into Committee on the bill on

next,” but in some cases it is referred to a Select Conunittee
sessional or standing.

Committee. Three kinds of Committees haye been Commit-
established by the Canadian Parliament (1) Connuittees
of the whole, (2) Special Connuittees, and (.S) Joint

(1) Committees of the whole are composed of all tho
members and sit in the house itself.

(2) The Special Committees fall into two classes. Special


(a) Standing Committees a))pointed at the commence- ‘
ment of each ses.sion to iufjuire into and report on matters inn Com-
referred to them by tho House and relating to special fixed

In the Commons ihose Committees are appointed on the
following subjects:

(1) Priyileges and Elections.

(2) Standing orders.

(3) Printing Public accounts.

(4) Expiring laws.

(5) Railway, canal and telegrajih lines.

(6) Miscellaneous priyate bills.

(7) Banking and Coiiinierce.

(8) Immigration and Colonization.

In the Senate similar Comnuttees are appointed for
standing orders, private bills, railways, telegraphs and har-
bours, and banking and commerce.

It will be observed that some of these Committees cor-
respond to tho two Grand Committees on (1) Tho Courts of


! i.



Ml I


I !l


it’. ,


:m^ 11



(fc) Other

Lav.’ and procedure, and (2) Trade, shipping and nmnufactures
formed by the House of Commons in 1882.

The English Grand Committees are recpiirod to consist
of not less than 60, and not more than 80, members, but in
Canada the standing Committees may consist of any number.
The smaller Committees consist of from 30 to 40 members,
whilst as many as 130 may be on the more in^portant Com-

(6) Special Committees arc often appointed to consider
a particular subject, such as trade between different pro-
vinces, criminal law etc.* In the Connnons these Committees
except in special cases’ are, as in England, limited to 15
members, but in the Senate the number is not limited’.

The Commons maintain still the old English rule*, that
a nu.’inber opposed to the principle of a bill cannot serve
on a Select Committee to which such bill is referred. The
18th standing order provides —

“It shall always be understood that no member wlio declares
against the principle or substance of a bill, resolution or matter
to be committed can be noiuiuated of such conunittee.”

A member, who merely takes objection to some particu-
lars of the bill, or who opposes the ap})ointment of the
Committee, is not considered as coming within the scope of
the rule’.

In England the rule no longer prevails: all that is
required is that the members nominated shall be willing to
jointCom- (3) Joint Committees are Committees appointed jointly
mittees. ^^ ^^^|^ Houses. Standing joint Committees are usually
appointed to look after the Library belonging to the
Houses and Government printing. Each House appoints a
Committee on these subjects and authorizes it to confer

‘ Burinot, p. 430.
* Lex Pari. 829, 331.

« Com. 8. O. 78, 79.
” Burinot, p. 435.

3 Burinot, p. 430.
» E. S. O. 23.






with the Coinmittoe of the other House aiul then intorniH
the other Hassi’d with
amendments it is returned with stich amendments attached
to a copy of the bill. The amendments may be accepted,
in which case they are read twice and agreed to forthwith,
and a message retv.rned to that eti’ect. When the amend-
ments arc impoi-tant, a member may propose ” that they bo
read that day — months'” and if such UKjtion be carried,
the bill is practically thrown out, or he may move that the
amendments be disagreed to for certain reasons, in which
case the reasons are ct)mmunicated to the other House. The
practice of holding a Conference is no longer resorted to”,
and if the two Houses cannot agree, the bill must droj) for
that session.

Private Bills.
A Private Bill may be defined as a bill which relates to I’uIjHc and

1 ■ ,• • • 1- ■ I 1 !• 11- I’livate

the uiterests oi pi’ivate nidividuals or oi corporate bodies. Bills.
and does not affect the interests of the community as a
whole. It is somewhat ditiicult to draw the line between



* Burinot, p. 550.
•’■ lb. pp. 402, 5.ii.


■’ lb. p. 551.

* lb.




in ‘,

i I

J|.< I ; |i Reference to Su- l)reme Court. public and private bills, inasmuch as some bills may relate as much to the public interest as to individual interest. In Canada it rests with the Speaker or with the Coinniitteo to which the bill is referred to decide the class to which a bill belongs. Owing to the restrictions that have been im- posed on the legislative power of Canada, it is possible for a private bill to be introduced relating to a matter not within the legislative comj)etcnce of the Dominion, Some- times the point is raised in the House itself and sometimes in Committee, aiul when it is clear that any provisions of the bill are "unconstitutional," they are alwayi struck out. As a further precaution against passing an ' ilk-gal ' Act, it was provided by the Supreme and Exchecpier Court Act', that the Supreme Court or any two of its judges should examine and report upon any private bill or petition for a private bill referred to the Court under any of the rules of either House of Parliament. A private bill is introduced by petition. As a rule previous to its introduction notice of its main provisions has to be given in the Canadian Gazette and in the local papers. Contrary to the English practice a niember of the House may take charge of the bill and promote its progress. As the rules that govern ordinary petitions apply to a private bill petition, a member during the first ten days of the session presents the petition in his place, restricting himself to a statement of its prayer. It is then referred as a matter of course to the Committee on Standing Orders, who report whether the rule with regard to notice ha;s been complied with. If there has been any informality in the notice the Committee may yet recommend the House to dispense with a regular notice, and it seems the Committee are inclined to adopt this course, where it appears that the parties interested have had suffi- cient notice, and that no interests are affected except those of the petitioners. 1 38 Vic. c. 11. I'RIVATK BILLH. IGl orn a cuts Bent to the lere may )tice, urse, uffi- hose Com- mittco. Where the Committee reports favourably the pctitmn is l^» .v *2n(l 1,1 . 1 • /. • rc.uliiiK". at once presented and leave given to read it a nrst tinu'. On a subsecjuent oceasion it is read a st'cond time, and though at this or any other stage it may be opposed, it is usual to refer it without opposition to a Comni'itee. In England the Committee on a private bill usually consists of four members nominated by a " Committee of S(>l«,’ction.” In
Canada a private bill goes before one of the large standing
Committees according to its class. In ihe House of Com-
mons there arc four such Committees, (1) Standing Orders,
42 members, (2) Railways, Canals nnd Telifgnijli Lines,
136 members, (3) Banking and Commerce, OS members,
and (4) Miscellaneous Private Bills, 70 mei^bi-rs. In the
Senate the Committees are three in numK., (1) Staii’rng
Orders n.^d Private Bills, 3G members, (2) Railwov Tele-
graphs and Harbours, 32 members, and (3) Banks nud Com-
merce, 29 members.

The Committee hears evidence for and against the bill,
following the English practice, and finally makes its report
to the House. If the report is favourable, the bill is read a
third time.

The different stages of a private bill in the Senate In Senate
are practically the same as those in the Commons, but in
the case of Divorce bills which, in accordance with the Cana-
dian practice, are introduced in the Senate, special rules
have been laid down*.

‘ For a more detailed account of private bill legislation see Burinot,
pp. 684—680.









i H

I ti


< Oflico created by LetterH I'atent. Chan^ea RUgKcstcd by Canada. CHAPTER XV. The Governor-General. The office of Governor-Gononvl of Caiiiida creak'd by the Crown by Letters Patunt existed prior to the UiiidU of 1.SG7, but after the Confederation the Letters Patent were revised, and new ones were issued in 1878. The Letters Patent create the office and declare that the person who shall fill the office shall be appointed by Commission under Sign Manual and Signet, and that he shall exercise the powers vested in him by virtue of the Letters Patent and of the Commission issued to him, according to such Instructions as may from time to time be given to him either under Sign Manual and Signet, or by Order in Council, or by Her Majesty through one of the Secretaries of State antl in accordance with such laws as may be in force in the Dominion. When the draft of these Letters Patent was submitted to the Canadian Government, it was urged by the then Minister of Justice that, as Canada possessed more extensive powers of self-government than had been conceded to any other colony, and consisted not of one province but of seven provinces, the widest powers possible consistent with the British North America Act should be conferred on the Governor-General. This principle was practically adopted by the Home Government, and on the appointment of the Marquis of Lome several changes were introduced into the Commission and Instructions, of which the more important were as follows : — ' See Appendix. THE GOVERNOR-GENERAL. 163 litted then isivc iuiy fc'von the the ipted the into ■tant Powers coiiIi'DihI l).y tlu! IjL'tlL'lrt ratent. The clauses (1) relating to meetings of the Privy Council, (2) authorizing the Governor to act in opposition to the advice of his ministers, (3) prescribing certain classes of bills to be reserved for Imperial consideration, (4) dealing with matters within the province of the provincial Legislatures were omitted ; whilst the clause relating to the exercise of the prerogative of pardon was modified so as to draw a distinction between local cases and cases of Imperial interest*. The new Letters Patent'* empower the Governor-General to keep and use the Great Seal of the Dominion ; to appoint all judges, justices, and such other officers as might be ap- pointed by Her Majesty; to remove upon sufficient cause any person appointed to any office by or mider the authority of the Crown ; to sununon, prorogue and dissolve the Dominion Parliament, and to appoint a Deputy. The Letters Patent also make provision for appointing a Lieutenant-Governor or other person to perform the duties of the office in case of the death, incapacity, removal or absence of the Governor- General. The Instructions* refjuire the Governor-General to take Instmc- the oath of allegiance, the oath for due execution of his office, and for due and impartial administration of justice ; and authorize him to administer the oath of allegiance and any other oath prescribed to all persons holding any office : they also empower him to exercise under certain conditions the prerogative of mercy, and lay down certain rules to be observed in transmitting laws to which he has assented or which he has reserved for Her Majesty's consideration. The Commission simply appoints the person selected to Commis- the office. sion. The objec* of the Letters Patent and Instructions is to confer on the Governor-General those powers, necessary ' See Todd, Chap. IV. for a detailed account of these changes. ' See Appendix, where Letters Patent and Instructions are set out at length. 11—2 M '«♦ ii




‘ I! ‘




■ ■’ n

if I

I ^ ‘,?!



i: ,■




of Senate.

Honse of


for discharging the duties of the office, which are vested in
Her Majesty, either as being part of her prerogative ])o\ver.s
or under s. 9 of the B. N. A. Act, which declares, that ” the
Executive Government and Authority of and over Canada
is hereby declared to continue and be vested in the Qtieen.”

As above stated the Governor-General is appointed by
the Crown by Commission’. He holds office during the
plea-sure of the Crown, but in accordance with the standing
rule of the Colonial Office his term of service is limited to five
or six years. His annual salary has been fixed at £10,000, and
is payable out of the Consolidated Revenue Fund of Canada*.

The Governor-General is a corporation .sole, and all bonds
and other instruments taken by him in his public cajmcity
are given to him and his successors by his name of office’.

The position of the Governor-General may be considered
as regards (1) the Legislature, (2) Party Government, (3) the
Executive, (4) the Judicature, (5) the Prerogatives of the
Crown, (6) the Provinces, and (7) his Responsibility.

1. Powers as regards the Dominion Legislative.

1. He selects and summons qualified persons to the
Senat3* and fills up all vacancies’. He has also power to
recommend the Queen to add three or six additional mem-
bers representing equally Ontario, Quebec, and the Maritime
Provinces of Nova Scotia and New Brunswick®.

2. He appoints and may remove the Speaker of the
Senate, who must however be a senator’.

3. He summons and calls together the House of

4. He recommends to the House of Commons the
levying of taxes and the appropriation of the revenue®.

* See Appendix for form of Commission.

2 B. N. A. \ct, B. 105. R. S. C, c. 3, s. 2. » R. S. C. c. 3, s. 1.

♦ B. N. A. Act, s. 24. » lb. s. 32. « B. N. A, Act, s. 26, see ante, p. 143.
‘ lb. s. 34. 8 lb. s. 38. » lb. s. 54.




5. By a clause in the Letters Patent the Crown has
conferred on the Governor-General all jiowers belonging to
the Crown in respect of the summoning, proroguing, or
dissolving of Parliament.

6. He assents to bills on behalf of the Crown.

The position of the Governor-General in regard to
a.s.senting to bills is governed by the 55th section of the
British North America Act 18G7 :—

” Where a bill passed by the Houses of Parliament
is presented to the Governor-General for the Queen’s assent,
he shall declare according to his discretion, but subject
to the provisions of this Act and to Her Majesty’s Instruc-
tions, cither that he assents thereto in the Queen’s name
or that he withholds the (Queen’s assent, or that he reserves
the bill for the signification of the Queen’s pleasure.”

It will be seen from this section that ” subject to Her
Majesty’s Instructions ” three courses are open to the
Governor-General ” according to his discretion,” he may
assent to the bill, or he may veto it, or he may reserve it for
the Queen’s pleasure. It is therefore necessary to enijuire
what Instructions arc usually given to the Governor-General,
and how his discretion in assenting or vetoing is usually
exercised. As regards the Instructions they are silent on the
subject, except in so far as they recpiire him to transmit all
laws assented to or reserved by him, with explanatory observ-
ations in regard to the occasions and reasons for proposing
such laws*.

Previous to the revision of the Instructions in ISTH*
the Governor-General was expressly r<\piire(l not to assent to bills which related to divorce, or granted land or money to the Governor, or made paper money legal tender, or imposed difterential duties, or were contrary to treaty stipu- lations, or infringed the discipline or control of Her Ma- jesty's forces, or affected the Royal prerogative, or contained 1 Sec Instructions in Appendix. ' See anti', p. 162. Summons iinil (lis- solvcfil'iir- liuiuL'Ut. Assents to bills. { 1 1' i\ I I TT i*^ IGG TUE GOVEUNUU-GENEUAL. ;« 'i n 4 II I ;r: >tfl

it: I


Hills ro-

Not hnuiul
to follow
uilvici; of

provisions to which the Royal consent had once been refused,
unless the bill contained a suspending clause, or unless some
urgent necessity existed and the bill was not contnuy to
the law of” England or to treaty stipulations’. Between 18(57
and 1878 twenty-one bills, eleven of these relating to divorce,
were reserved” ; but since the last-mentioned year the Royal
Instructions have not required any bill to be reserved, on the
ground that it was ” undesirable that they should contain
anything which would be interpreted as limiting or detlning
the legislative ])owers conferred in 18G7 on the DtMuiniou
Parlianu’iit^,” and that the reserved power of disallowance
possesseil by Her Majesty in Council” was sufticient for the
protection of Imperial interests.

The Govenior-General may, however, under the section
above (pioted reserve a bill for the signification of the
Qiieen’s j)leasure, in which ca.se it does not become law
until the Governor-General signifies by speech or message to
each of the Houses of Parliament, or by proclamation, that
it ha:s received the a-ssent of the Queen in CounciP.

In exercising his discretionary powers in regard to
legislation a Governor-General has to act on his own
responsibility, and is not bound to follow the advice of his
ministers, though he usually takes this course*. The assent
of the Governor is not conclusive, as a bill, even if assented
to by him, may be disallowed by the Crown’.

But the Governor before assenting ought to satisfy himself
that the bill is within the class of subjects over which
the Dominion Parliament has legislative power.

It is usual for him t < receive from the Minister of Justice or from the Law Officers of the Crown in the Colony a report on bills submitted for his assent, and he may, if y i6 • SesH. J. (1873), 71; Sess. Tap. 18(;7— 8, No 22; Burinot, p. 569. - Burinot, p. 570. 8 Despatch of Secretary for Colonies, Can. S. Pap. 1877, No. 13; lb. 1880, No. 51. ■» See (tiitc, p. 163. s B. N. A. Act, 8. 57. * Todd, p. 137. ^ See pout, c. xxi. M PAUTV UUVEUNMENT. 1G7 1880, the matter be not of purely local concern, reft-r the matter to the Imj)erial Law Officers'. The British North America Act IfSGV is silent both as to the place and manner of giving the lloyal assent, except in the case of bills reserved, where it may be given orally, or by message or by proclamation*. The usnal course adopted is for the Govenujr-General to give the Royal assent in the presence of both Houses. 2. DlTIE.S AS REGARDS PaRTY GoVKRNMKNT. It is the duty of a Governor-General to observe strict neutrality towards the different })arties in the Legislature in regard to all (piestions in which neither the prerogatives of the Crown nor Imperial interests are involved. In all local matters the judgment of the people ex})ressed in their Legislatures nuist prevail, and a Governor-(jencral ought always to accept and act by the advice of a Ministry prepared to give effect to such judgment. 13ut in all (Uiestions involving either Imperial interests or the prerogatives of the Crown, the G(Jvernor-General has to remember that he represents the Crown, and though he is expected to give due weight to the opinion of his ministers, the final decision must be made upon his own judgment and responsibility '. Under special circumstances he may consult Her Majesty's Secretary of State for the Col.>nies, care being
taken that ail sides of the controversy be placed before the
Imperial Govermnent. In 1.S74 the Governor-General con-
sulted the Colonial Secretary as to the advisability of foUinv-
ing the advice of his ministers where thty reconunended that
six additional senators should be added to the Senate”; and in
LS7!) at the suggestion of the Privy Council the advice of the
Home Government was sought regarding the proposed removal
of M Letellier from his ofiice of Lieutenant-Governor*.

1 Todd, pp. 134, 135. = g. 57.

‘ See Todd, p. 591 and authorities there qnotod.

* Todd, p. 10 1. ” See po^t, p. 171, Todd, p. 409.

of nivinK
lti>,val us-

position as


ing Home





I f




1*^1 \ i




of Coun-

In matters relating either to the Royal prerogative or to
InipL-rial interests the Governor-General may, through the
Secretary of State for the Colonies, consult the English Law
Officers of the Crown on any (question the legality of which
is doubtful ‘. Such opinion has been sought as to the power
of the Governor-General to create Queen’s Counsel °, and as
to the power of a local Legislature to define its priviloges^

It would not be in accordance with the usual practice fur
a Governor-General to take the opinion of the English Law
Officers on any matter of purely local concern: in such matters
he should seek the advice of the Minister of Justice, or of the
person or persons who in the Dominion correspond to the
Law Officers in England.

3. Functions as regards the Dominion Executi e.

The functions of the Governor-General as regards the
Executive or Administration are regulated partly by Imperial
Acts, partly by Dominion Statutes, and partly by the Letters
Patent and Instructions already referred to. And they may
be summed up by saying that he exercises in the Queen’s
name on her behalf the supreme Executive Power.

The Governor-General selects the members of the Council
appointed under section 11 of the B. N. A. Act to aid
and advise the Government of Canada. The members
of this Council or Privy Council, as it is sometimes called,
form the ministry. In accordance with the well-established
principles of responsible Government the members v.f tlr. ■
Council are selected from that party which enjoys
confidence of the majority of the members of the Houss o
Commons, and the Prime Minister nominates his colleagues.

The Governor-General is empowered to remove members
of the Council, but in practice the ministry resign when they
lose the confidence of the Legislature. By coinmand of the

> C. 0. Regulations. » Todd, p. 241, sec post, p. 172. ‘ Todd, p. 471.




Queen members of the Privy Council after their retirement
are permitted to retain the title ” Hunourablo” for life, and
those who do not belonj^ to the Cabinet for the time being
may be regarded us “honourable” members of the Privy

By section 15 of the 11 N. A. Act, the Command-in-Chiuf of
the land and naval militia and of all naval and military forces
of and in Canada, is declared to continue and to be vi-sted in
the Queen. The Covernor-General is not therefore the Com-
mander-in-Chief of Her Majesty’s forces, but he may in time
of peace determine the object with which, and the rxtent to
which, Her Majesty’s forces are to be employed.

In 1MG2 the Imperial House of Connnons resolved, that
Colonies exercising the rights of self-government ought to
undertake the main res})onsibility o\’ providing for thuir own
internal order and security, and ought to assist in their own
cxteruiil defence, and in accordance with this resolution
British troops were withdrawn from Canada and the other

In 18G8 the Dominion Parliament passed the first of a
series of Militia Acts in order to provide for the defence of
the Dominion. By the present Militia Act* the command is
vested in Her Majesty, and is to be exercised either by Her
Majesty personally or by the Governor-Cieneral as her

The Minister of Militia is charged with the administration
of Militia affairs, but p(jwer is given to the Governor-General
in Council from time to time to prescribe his duties”.

As retiunlfi
the Army
ami Navy.




4. Powers as regards the Judicature.

The only judicial functions that the Governor-General is
called on to discharge are to hear in Council any appeal from
any Act or decision of a Provincial Authority affecting any

‘ R. S. C. 188G, c. 41.

‘ See post, c. XVII.


mi li

I’ ‘




i i!



Illi’llt of


of Judges.

rif^ht of



rir,’ht or privilcgu c»f a minority, whotlun’ Protustant or Roman
Ciitliolic, of the Queen’s subjects in relation to education’.

The Governor-General ha.s, however, important duties to
discharge in apjunnting or removing judges and in exercising
the prerogative of mercy.

Tlie Judges of the Supreme, District .and Coimty Courts
arc a]tpointed by the Governor-General, excei)t in the case of
the Courts of Probate in Nova Scotia and New Brunswick^
In the province of Quebec the Judges are to be taken from
the bar of that province”; and in Ontario, Nova Scotia, and
New Brunswick they arc to be selected from the respective
bars of thcjse provinces until the laws relating to property
and to civil rights and to the procedure of the Courts arc
made uniform in those provinces’*.

The Letters Patent contain a clause authorizing the
Governor-General to appoint all such Judges, Commissioners
and Justices of the Peace as might be lawfully appointed by
the Cr iwn.

The Judges of the Superior Courts hold office during
good behaviour, but are removable by the Governor-General
on address from tnc Senate and House of Commons’.

The jjower of pardoning offences is regulated by the

“We do further authorize and empower our said Governor-
General as he shall see occasion, in our name and on our
behalf, when any crime has been committed for which the
offender may be tried within our Dominion, to grant a pardon
to any accomplice not being the actual perpetrator of such
crime, who shall give svich information as shall lead to the
conviction of th<' principal offender. " And further to grant to any offender convicted of any crime in any Court or before any Judge, Justice or Magis- trate within our said Dominion, a partlon, either free or 1 B. N. A. Act, s. 93. ■' lb. .s. 98. ^ lb. s. 97. 3 lb. 8. 96. » lb. s. 99. 11. S. C. c. 138. UlGllT Uk' I'AlllJUN. 171 subject to lawful comlitions, or any respite of the execution of the sentence of any such otlendir for such period as to our said Governor-CJeneral niav seem tit, ami to remit any fines, penalties, or forfeitures which may become due and jtayable to us. "Provided al\va\'s, that our saiil C()Vern(ir-(!eneral shall not Coi • (litious. in any case, except where the otience has liecn nt a ]H)litical nature, make it a condition of any ])ardon or remission of sentence, that the otlfender shall be banished from or shall absent himself from our said Dominion. "And we do hereby direct and enjoin that our said Govenu'i General shall not jiardon or reprieve any such offender without fiw.t receiving,' in capital cases the advice of Ailvicc of I'rivv the Privy Coimcil for our said Dominion, and in other cases Cuuncil. the advice of one at least of his ministers ; and in any case in which such panhjii or re]>rieve mii^dit directly affect the
interests of the Emigre or of any country or place beyond the
jurisdiction of the Government of our said Dominion, our
said Governor-General shall before deciding’ as to either
pai’don or reprieve, take those interests specially into his
own personal consideration in conjunction with such advice
as aforesaid.”

It will be observed that a distinction is drawn in these
Instructions between three classes of cases, (1) Capital offences,
(2) Non-capital offences, (3) Offences capital or non-capital
affecting either Imperial interests or those of any country
outside the Dominion. In cases of the first class the Governor- <^ii|'ital General is not to act without receiving the advice of his ministry ; in cases of the second class he must consult one ^'"l^- minister, who will usually be the Minister of Justice; whilst (iffcnce.^. in the third class, in addition to consulting his ministry or f>tT<-nce8 , II- • , iitTcctiiiK one minister as the case may be, he is required to take iiii]nriiil the interests of the Empire or foreign country specially into " ^^^^ ^' account. The Instructions do not in express terms require the i I I ,< in ifi \ h Ji 172 THE UOVERNOR-OENEKAL. |i > > I

|i.J \

Governor-General to act on tlio advice of his niinisters. The
duty of fiiiiilly deciding rests on him alone, but in actual
practice there is no doubt that it would be only under very
exceptional circiunstances that such advice would be dis-
regarded ; and in the correspo idence between Canada and the
Imperial Goverimient ])rior to the issue of the above In-
structions, it was understood that in all cases of a merely local
nature the Governor-General should act on the advice of his

Previous to the issue of the new Instructions, the
Governor-General had felt himself at liberty to disregard the
advice of his ministers, and that with the approval of the
Home Government. In a despatch of Earl Carnarvon to the
Governors of the Australian Colonies’ he .said, ” it is true that
a Governor may (and indeed must if in his judgment it seems
right) decide in opposition to the advice tendered to him.”
In accordance with this principle, in 18G1 Sir Edmund Head,
Governor-General of Canada, granted a reprieve in a case of
murder contrary to the advice of several ministers’; and in
187′) Earl Dufterin commuted a capital sentence on his own

1 ii


Appoint- As Her Majesty’s re})resentative the Governor-General may

o**” nV appoint Queen’s Counsel. In Lenoir v. Ritchie^ a majority of
Counsel, the Court expressed the opinion, that the sole right of
conferring the rank of Queen’s Counsel belonged to the Queen
or her representative the Governor-General, and that a Province
could not by a statute confer this right on a Lieutenant-
Governor, inasmuch as the Crown was not a part of a
provincial Legislature and therefore no provincial statute
could affect its prerogatives.

1 Can. Seas. Pap. 1H79, No. 181.
” Pattenoii’s Case, Todd, p. 2C9.
» 3 Can. «. C. li. 575.

3 May 4th, 1875.

* Lepine’s Case, ib. p. 209.




Lioutc’iiant-Uovernors of tho Provinces are a|>j>oiiite(l by
the (iovernor-(ifii( ral in Coitneil by Coiniius.siuii uiidcr the
(treat Seal <»t" Canada. In ea.s(' of the ah.scnee, ilhicss or other inahilitv <»f the ljieutenant-(iovernor, the (iovernor-Cieneral may appoint an aihnini.strator to "xecute the duties of the oftiee '. By section 59 of the Hritish North America Act a riieutenant-Governor i.s not " reino'.ible within five years from liis appointment e.xce])t for can.se assigned, which shall be communicated to him in writing witliin one month after the order for removal is made, and shall be communicated by message to the Senate and to the Fb>use of Commons within
one week thereafter if the Parliament is then sitting, and if
not, then within one week after the commencement of the
next .se.s.sion of the I’arliament.” The .section is .silent as to
thi’ circumstances under which the removal of a Lieutenant-
(Jovernor would be justifiable, but the Letellier case may be
taken to have established the rule that the Governor-General
ought to act by and with the advice of his ministers. The
facts of the case were shortly these”: — In IST.S the Lieutenant-
Governor of Quebec, M. Letellier, (lismis.sed his ministers on
the ground that they had acted contrary to his representa-
tions, were encouraging a lavish expenditure in regard to
railways, and had ])romoted a bill which he deemed to be an
arbitrary and illegal infringement of vested rights. The
subject was brought before the Governor-General by b. 1 I


2 CO.

‘ For form of Commission, see Can. Sess. Journ. 1878, p. 175.
* See Todd, p. 405, for a more detailed account.








ance of

Debates iiisiicfl in Imth Housch. A motion (iL’cliirin)^ tlif
(lisinissiil of the iiiiiiistry tolx’ at variance with (‘onstitnlional
government was carried in the Senate l»iit lost in the llonse
of Commons. In the following’ year a new Parliament
usH(‘ml)h'(l and both liouseH agreed in censuring the j of the whole
Dominion •)r not; hut also whether it he unconslitutioiial,
whether it exceeds the jurisdi(‘ti(»n conferred on j.ocal Le^’is-
lutures, and in cases where the jurisdietioM is cdMcurrent
whether it clashes with the leifislation of I lie (leneral
Parliament, as it^ is of iiii]Mirtaiice that tlii’ coiu’se of local
le;,’isl,ition should he interfered with as little as possihle and
the power of SS2, and a leply had been received from
the ijiuutcnaut-Cjovenior enclosint,’ a menioranchun of his
Executive Council passed in a Council on the JjOth January
ult., stating that no aniondnient has been made in the Act noi-
ls it in contemplation to make any amendment thereto.

“That thep; is no object any longer deferi’ing action in
this matter.

“The Minister recommends that unih’r thes(.’ circumstances,
and fo. the reasons comnnuiicated in the first mentioned
report, that the Act of the Cleneral Assembly of (he I’rovincc
of Xew Brunswick, ])assi’d in the year l.SS-2, c. 00, and
entitled ‘an Act to incorporate the Fredeiicton and St Mary’s
Bridge Comjtany’ be disallowed; the Committee advise that
the Act be di.sallowi’d accordingly.”

The ])ower of disallowance has been exercised in a
comparatively small nund)er of caises. Of the GOOO Acts
passed by the provincial legislatures up to 1882 only .”;} have
been disallowed, viz. in Ontario 5, Quebec 2, Nova Scotia 5,
Manitoba 7, British Cohunbia 12\ That the Dominion
government are con.scious that the power of disallowance
ought to be exercised with great cai-e and caution is
evidenced by the ro})orl. ..f the Privy Council on the dis-
allowance of cert.iin Acts of Manitcjba in 1885.

“The Committee, whilst concurring in the report of the
^linister of Justice and humbly advising your Excellency to
disallow each ani li










Form of

the coininoii wciil is set at iiiiught, and local legislation
enacted leading indirectly, and directly too, to its frustration,
the Coniniittec of the Privy Council conceive that they are
compelled by their duty to Parliament, hiunbly to advise
your Excellency to use the power in (jucstion’.”

It is in regard to Acts coming under the fourth class
referred to in the report of 8ir J. A. MacDoiiald above (pKited,
viz. Acts affecting the interests of the Donunion g(?nerally,
that difficulties have arisen and the governor’s veto has been
challenged. In 1881 an Act of the Legislature of Ontario was
disallowed on the ground that it violated private rights
without making any adequate conipensati(»n. The Govern-
ment of Ontario })rotested, and maintained, that no Act should
be disallowed which it was legally competent for a provincial
legislature to pass^ More recently the legislature of Mani-
toba passed several Acts authorizing the construction of
railways in the province with the object of opening up
communication wdth the United States, and these Acts were
disallowed as conflicting with the settled policy of the
Dominion cmb(j(lied in the agreement with the Pacific
Railway, viz. that for 20 years no line should be authorized
to within 15 miles of latitude 49′ or south of the Pacific
Railway except such line runs south-west.

The disallowance of an Act is notified in a foi-ni as
follows : —


2i Jiihj, 18S3.

” Present, His Excellency the Governor-General in Council.

“Whereas the Lieutenant-Governor of the j)rovince of
New Brunswick has reported that the Legislative Ccjuncil and
General Assembly of that province did, on the 6th A])ril, 1882,
pass an Act which has been transmitted, intituled as follows :

L. ‘» .

1 Can. Sess. Pap. IHSo, No. 2!t, p. 14.

– Can. Hess. Tap. 1882, No. 1411 a.

” Can. Sess. Pap. 188’2, No. IGfi, and scc^nisf, c. xx.


cc of

lows :

HIS rvKSruNtSllilLlTV,


“uii Act to incor[)oiaLe tlio Fredoricttm and Si, Mary’s
IJridge Company ”

And wlieivas the said Act lias been laid botorc the
(iovL-rnor-Gentral in Cctuncil, together with a report from the
acting Ministtn- of Jnstice, recommending that the said
Act shonld be disallowed, His Excellency tin; (Governor
General has therenpon this day been pleased by and with the
advice,” of the Queen’s Privy Council for Canada to declare
his disallowance of the said Act and the same is disallowed
accordingly. Whereof the Lieutenant-Governor of the Pro-
vince of New Brunswick, and all other persons whom it may
concern, are to take notice and govern themselves accordingly.”

Resi’OXsiiulity of the Goveunou-Gexeral,

The Governor-General is not responsible to the Dominion To the
T-. ,. p . , , . 1 , . ,. Colony.

Parliament tor either his conduct or his policy: all such

responsibility must be assumed by his ministers under whose
advici! he is presumed to act. It would therefore be uncon-
stitutional for a colonial legislature to pass a vote of censure
upon a governor unless indeed as preliminary to an address
to the Crown to remove him’.

The Governor-General is however responsible to the To the

1-1 1 • 1 IT ■ 1 II !• Crown and

Crown, which may remove him, and to the Imperial Parliament, Parlia-

which may pass judgment on his acts. In LSGG the Governor ‘”™”

of Victoria, Sir Charles Darling, was recalled on the ground

that he had departed from a rigid adherence to the law, in

collecting duties, in contracting a loan and in paying salaries

without the sanction of law. The course ])ursued by the

Colonial Secretary was fully ajjproved by the Imperial


Though the Governor of a Colony represents the Sovereign To Law.

for many purposes, and exercises all the prerogative powers

conferred either on the office by letters patent or on himself by

1 TocUl, p. 11.

– lb. p. 105,




‘: ■


i I. ‘

1 ‘



For State

For Acts
not within


stutvito, and hy the Instructions accompanying liis Connnission,
yet he (Iocs not fnjoy the privilege of conij)lete exemption from
legal liability. For all acts done under and within the limits
of the authority confided to him the representative of the
Sovereign is protected, ” because in doing them he is the
servant of the Crown and is exercising its sovt-i’eign autho
rity’;” aiid hence, where an action was brought against the
Lord Lieutenant of Ireland for an alleged illegal seizure
of property, the Irish Court of Conunoii Pleas held, that as
the act ccjmplained of was an act of state done by the Lord
Lieutenant as such, the action would not liel

On this principle the Governor of a C«»l Apj). C’jis. lO’i, I’J L. J. V. C. 20.
” Luhij V. Lord Woilehoiine, 17 Ir. Com. L. 1). (ilS.

■> Seo Wiiijht V. Fituja-dld, 27 St. Tr. 7ti5. Itoport of li. v. Hyre by
Fiiilason : Broom’s Constitutional Law, 2nd Ed. p. (iaH.

* r. C. in Miisifrtivf v. Piilido, 5 App. Cas. 102, 1′,) L. J. P. C. 20.



For acts not within his authority’ civil or crimiiijir’ pro-
ceedings maybe taken. By the 11 A 12 Will. III. c. 12,
criminal proceec liners are to bo tried in the Court of Kinrr’s

In the f()ll(<\vinf( chapter the circnmstanccs nndor which the Governor-General is bound in exercisin,£r his legal powens tn follow the advice of his Ministers will be more fully discussed. ' Hill V. JHfnir, 3 ^[oo. I'. C. U\r>. V„hri,,„^ V. Moxhi,,, 20 St. Tr. Hi ;
Cowpcr, ICil.

– A’. V. I|-a//, -28 St. Tr. r,l.





I ‘


§ ■ ■ .1

Ml < II Number. CHAPTER XVI. The Privy Council. The B. N. A. Act, s. 11 provides for the appointment of a Council to aid and advise the Govornor-Cieueral in the government of Canada. This Council corresponds to the Cabinet in England and is styled the Queen's Privy Council for Canada. A distinction is growing up in Canada between Privy Councillors, who are members of the Cabinet and Honorary Privy Cotnicillors, who are not in the Cabinet, inas- much as by command of the Queen, a Privy CouncilK)r after he retires from ofHce is entitled to be termed " Honourable " for life. Strictly speaking however these " honorary " mem- bers are not in law members of the Council. The Privy Council in 1887 consisted of 14 members, viz. : The President of the Council. The Secretary of State. The Minister of the Interior. The Minister of Justice. The Minister of Marine and Fislu'rii's. The Postmaster-General. The Minister of Public Works. The Minister of Railways and Canals. The Minister of Finance. The Minister of Customs. The Minister of Militia and Defence. The Minister of Agriculture. The Minister of Inland Revenue. One Minister without portfolio. Tin: I'liivv corxciL. 183 In 1887 Act.s' were \)assv(\ by tlie Caiiudiaii Pailiainont for the iv-or^raiiizatioii of certain (k-partments. Under these Acts a department of Trade and Commerce presided iner In- a minister is to be organized : the departments of Custonis and Inland Revenue are to be consolidated: and ]to\vi'r is given to appoint a .Solicitor-General. The members of the Council are chosen by the Governor- (Jeneral and may be removed by him". No k-gal restrictitms are placed on his choice, and the number of the Coi-ncil is not limited. In practice the Governor-General in appointing Privv Councillors is guided by several important constitutional rules. The members chosen are selected from that party which pos.ses.ses the contidence of the legislature, more es- pecially of the House of Conunons. 'J'he leading member of that party is recpicsted by the Governor-General to form a ministry, and the Governor-General acce])ts as members of the Council tho.se selected by him. The councillors usually have seats in the Upper or Lowt'r House but the majority belong to the House of Conimon.s. There are .some ])oints in which the constitutional practice is different in Canada from what it is in England. The claims of the several provinces to representation in the Cabinet are sometimes recognised, and in the tinst Privy Council fiv rejjresentatives were assigned to Ontario, four to Quebec, t\v to Nova Scotia and tvvo to New Brunswick. Again the Attorney-General acts as Minister of Justice and sits in the Cabinet. Arguments have been bi-ought forward in Canada and in other colonies to shew that the office ought to be non-politicaP, but the necessity of having some one in the Cabinet having a .special knowledge of law and of the Constitution has been so much felt in Canada, that the Attorney-CJeiieral is not merely retaine Todd, p. .}.•;.





‘ ..

•■ i

(V 1



THK I’lUVV (‘(HN(il..




over ti




of seat on

Ciibiiict, but is often railed u|i()ii to take’ the position of
premier. As a iiilt- lie does not take private practice.

To each niend)er of the Privy Council it is nsual to assi^nj
the a(hninistiati(»n of a departiiu’nt. But in ( anada as”^n
England there may he a minister ncjt holding a ])ortfolio.
All the heads of Departments are not necessarily members of
the Cabinet. In 1S07 the nnniber of Privy Conncillors vva.s
thirteen, bnt since then the nundn’r has lre(|nently varied
owing to re-organization of departments.

Each Minister receives a salary of 7000 dollars per annnm,
and the member of the Council who holds the position of
Prime Minister receives an additional sum of 1000 dollars per

On being appointed a Privy Councillor a Senator does not
vacate his seat, bnt a member of the House of Conimons
does so though he is eligible for re-election”’.

In its first session the Dominion Parliament, in ordi’r
to preserve the independence of its members, re-enacted a
previous act^ disqualifying all persons holding any office
luider tlie Crcjvvn to which a salaiy was attached” from sitting
in either house. Members accepting seats in the Council did
not come under this rule, but they were required to be re-
elected °. A further act was passed in 1S7.



ITS FrxcTroxs.


within Olio month after his rcsiiriiatioii does not vacate his
scat, unk’ss tho ministiT to which he belonged has resigned
and a new administration has been funned.

It is now the rule that, on a change of ministry, all Uesi«n-
oiitgoing ministers should resign tlu’ir seats (»r be removed, as ””””•
it is not deemed expedient that retiring ministers should
retain a seat in the Council as in England, but ex-ministers
have a special precedence within the Dominion an(‘. are
styled “Honourable” for life’.


«. a

Functions of the Cduncii..

The functions of the Privy Council as regards the Govt-riior-
General are governed by two leading ideas.

First: In all prerogative matters and matters in wliieh
Imperial interests are concerned, the Governor-Genei-al,
though bound to pay every consideration to the advice of his
Ministers, is not bound to follow it.

Secondly: In all other matters the Governor-General is
expected to follow and adopt their advice.

r -I .

! ..

^.f \

]. As reijards Legislation.

(1) T)dtiatio)i of Lerjislation. Two classes (jf legislation
require to be distinguished, {a) Money bills, {b) Ordinary

(a) Bills, involving the imposition of a tax or the
appropriation of the revenues, re(juii-e to be recommended to
the House of Commons by the Governor-General”’, and in
exercising that statutory power the Governor-General ad<»])ts the constitutional praciice of consulting his ministrv. {h) Though any bill, except a money bill, may be intro- duced into either House by any member, in Canada, as in England, the Executive controls legislation. Bv the standiiif tivu Powers. Dills. Otlior Bills. ' Tod.l. pp. 12, 2.31. - B. N. A. Act 1867, s. 34. i )l m m ii ' 1 I! i J i8f; TIIK I'IMVV ((UNCIL. went. onk'rs, Guvonmiciit imasuifs t.ikr proceduiicc on ct'itaiii days jumI wlicii iR'coHHai'V tin- ( iovcriiiiiciit take the wlKtlc time of the House f'ortlii'ir own l)ills. Tlir result, is that Govc-ninient l)ills have a nuicli l)ettei' clianre of becoming' law than havo hills of private menihers. For all (lovernnient l»ills the Ministry is responsible. Sinnmnti- (-) Siinniioiii'iif/, prororiiiinff, (iiid (lissoli'iiU/ I'lirHdiiietit. '"■''''"''"'" The Dominion Parliament is reciuired to mi-et every year'; in appointing the time <»f meeting the Governor-General is guided by the advice of his Ministei's. 'I'he ])rorogalion or dissolution ol" Parliament being an I'xercise oi" prerogative })o\ver, the (Jovernor-Genoral is not bound to follow their advice. In discharging the rcsponsil)i!it_^. of deciding in a particular case whether a di.ssolution should be granted, the (Jovernor of a C^)lony "will of course pay the greatest attention to any n'pre.sentations that may be made to him by tho.se who at the time are his constitutional advisers: but if he shoidd feel himself bound to take the responsibility of not following liis ministers' recommendation there can, 1 a]»pre- hend, be no doubt that both law and practice empower him to do S(» . Previous to the Confederation in ISoS the Governor of the Province of Canada declined to grant a dissolution at the re(piest of the ministry on the grounds that a new election had lately taken place, that some measures of great import- ance rc(piired to be pas,sed, and that an election would be a great inconvenience to the Province'. Lf.rd Mulgrave, Governor of Nova Scotia, refused a dissolution in lS(j(), as he thought it was ni-ither expedient nor for the public con- venience that a dissolution should take place the year after a general election \ 1 B. N. A. Art, s. 20. ^ Dospatch of Sir M. Tficljs Bench to rrovernor of New Zealand, qiiotfd in TocUl, ]). 517. ■' Todd, p. 528. ■• lb. p. 587. ITS rr'xcTioxs. 187 n (3) Assent to HiJh. The |)..siti..ii uU\\v Ministry in w^M-iX to tho (JownK.r-drn.Tiirs assent to hills has hwn already refenvd to. The (;..veni..r-(;eneral is IxMind, as ivpresentinjr thu Crown, to exeivise his own discretion nnfettcred hy any ndvi(v he may receive tV..ni his Ministers, th(.unh in practice he I'olhiws snch ad\ice. 1'. ^l.s- re;/(ir pointed out., is, unlike the Enj^’-
lish Cabinet, known to the law. The duty ..f the Council ‘is
stated in the Act of Union to be t.. “aid and advise in the
govenunent of Canada.” It “ai.ls” in the «overnin..nt by
each member takinr. char<,a. of the administration of a d.^- partment, and it "advises" by su,cr^r,.stin^r to tin,- Covernor- Ceneral the course he should pursue under .^iven circum- stances. Tho Union Act and Instructions specify certain matter.^ that are to be transacted by tho Govornor-Gonoral in Council or after receiving tho advice of the Council, viz :— 1. Tho appointment of Lieutenant-Governors of Pro- vincos'. 2. Tho exorcise of tho prorotrativo of pardon'. a Tho oxorclso of all jiowors which at the Union wore vested in tho Governors of tho Provinces with the advice of the respective Executive Councils thereof. 4. 'J'jio hearing of any Apjioal under secti(^n 9.'} i-egai-ding tho rights and ])rivilegos of the Protestant or J{oman Catholic minority of tho Queen's Subjet-ts in a Province in rolaiion to Education. The administrative jjowers conferred on tho Governor in Council by Canadian statutes are veiy numerous. Such powers are exorcised by Orders in Council published in the Canadian Gazette and printed as a I'ulo with tho statutes for tho year. ' B- N. A. Act, s. 5S. 2 .Sne nutr, p. 170. '■' 15. N. A. Act, s. 12. A ISC II I tit Itilh. A (I III ill in- trutii-'' i'liirciy. PoweiH of (ioveriiiir- Clfncnil in Council. If '' • !.. i m '.ii 188 TlIK I'IMVV COlNCn,. Ill all matters relating' to adiiiinistratioii, sucli as roiilinc business, the ajtpoiiilmciit of oflicials or (lie sii|M'iiiit('ii(lrii('c of state (lepartiiieiits, llie (iovenior-dciienil wlnii his coii- curreiioe is desired is ex))e('ted t<» act, on tin- adsice of his Ministers. i'lii n I'livy ('ouiicil (vnil tli(! I'roviiict'H. Disallow- ance of J'roviiiciiil Acts. .'}. As ir(/iir(ls flic I'rnriiici's. The relation of the Privy ("oiincil to the I'roNineis is of importance as re^'ards (1) the ai)pointment and lemoval of Provincial (Jover- nor, and (2) the disallowance <»f Provincial hills. By the B, N. A. Act, s. ')H the Lieiitenant-dlovernors of the Provinces are to be appointed by the (lovernor-Oeneral in Council, but as re<(ards their tenui-e of office the 51)th Hcctiou states that "a LieutiMiant-tJini-rnor shall hold otbce (hu'ing the ])leasnre of the Clovernor-CJeneral" without making' any refen'uce to the C'ouncil, though the cause of his i-e- moval is to be communicated to the Senate and Ibiuse of Commons. 'J'he Letellier case, as has bi't'U stated, decidi'd that the (Jovernor-tienei'al is bound to follow the advice of his ministei's as to the removal of a Lieutenant-Governor. As regards the disallowance of Provincial Acts the cfifect of sections oG and 90 is to vest the power of disallowance in the Governor-General in Council. Though in practice the Governor-General invariably decides the allowance or dis- allowance on the advice of his ministers, th<; right of acting inde}>endently has been claimed for him by at least two
Colonial Secretaries. In 1873 the Earl of Kimberley in a de-
spatch referring to the proposed disallowance of certain New
Brunswick Acts, said “this is a matter in which yon must act
on your own individual discretion and on which you cannot bo
guided by the advice of your responsible ministers.” The Earl
of Carnarvon, who succeeded Lord Kimberley as Colonial
Secretary, took a similar vi(>w. The Canadian ministry, on the

<. -»F,v)»nt(«t;k«v'«>aenN



nlhcr liaiiil, stn.ii;.|y iiiuiiitaiii.d that the |H.\s,.r in i|iirstii.ii
was vrstfd ill tlif “(lovfriior-dciiiial in Cniiiicil,” and lliar
his niinis(..|s wnv ivspdnsihlc to the Dominion I’urliuiiMiit

liir the cMTcisc of tlic powd’.


Mi;i;tin(;s m- tiii; ( ‘oixiii,.

In the early days of ivsponsildc noxcinnirnt in Canada
Ihc (lovcinof nscd to d(. hate with his ministers in Coiineil,
but this inv^nilar proceed in^i^ was soon aliandone.l and the
ministers now discuss all ipiestions of policy in private”‘.
“The practice in ( “aiKKhi,” says Mr Todd^ “for a niunl.er of
yi’ars has hicn that the hiisiniss in Conncil is done in the
absence of the ({overni.r. On very e.\ce|)tioiml occasions the
CJuvernor may pri’side : bnt these wonid occur onlv at
iiilL-rvals of years and would probably be for the purpose
of taking’ a formal dmsion on some extraordinary matter and
not for deliberation thereon. The mode in which business is
done is by report to the ( lovenior of the .”ecommendations of
the Conncil sitting as a Conuuitteo, sent to the CJovernor for
his consideration, discussed when necessary between the
Governor and the premier and made operative l)y beinf
marked ‘approved ‘ by the Governor.”



Ministers are responsibli’ to the Crown and to the Canadian
Parliament to the same extent and in the same manner
as English ministers are to the Crown ani
officer is necessary for the pi-oper performance of the duties
of the department, and the Head concurs in such report,
and the salary has been voted by Parliament.

The appointment of all de})artmental ofKcers and servants
other than the Head is regulated by the C’vil Service Act’.
The Civil Service constituted by that Act includes all
persons employed in the sevval departments of the Execu-

‘ 15. S. C. c. 17.




live Cvrnuuciit .,f Caiia(]a and in the office of the Auditor-
General, other than Heuiiit-


Whrn^ no
tioii 10- S


:. I*, i







Duties of
Persons in


excepting (1) those either under the control of the Dcpart-
inent of Public Works or that of Militia and Defence, and
(2) Marine Hospitals and Lighthouses, and lands connected
therewith, and (3) St Paul’s, Sable and Portage Islands.

A Geological and Natural History Survey Office is at-
tached to the department’. This branch is in charge of the
Director of the Geological Survey, who is assisted by the
necessary officials. The objects of the Survey are ” to
elucidate the geology and mineralogy of Canada, and to make
a full and scientific examination of the various strata, soils,
ores, coi’v, oils, and mineral waters and of its recent fauna
ajd r , I as to affijrd to the mining, metallurgical and
othoi a . I’ois of the country correct and full information as
to its character and resources.”

■Jhe p “ons ‘ harge of the Survey are required

1. To collect 31 losify and arrange such specimens as are
necessary to ensure a complete and exact knowledge of the
mineralogical resources of the several provinces and terri-
tories of Canada ; to carry on palaeontological investigations ;
to study and report upon tho fauna and Jiora of Canada, and
to make such other researches as will best tend to ensure tho
carrying into effect the object and purpose of the Act.

2. To collect the necessary materials for a Canadian
Museum of Natural History, Mineralogy and Geology.

.S. To report from time to time their proceedings, and to
furnish proper maps and diagrams, drawings and collections
of specimens to illustrate the same.

Every year the Director is required to make a full report
to the Minister of the proceedings and work of the Survey
during the preceding year.

4. Department of Inland Revenue.

This department was constituted by the 31 Vic. c. 49.
It is presided over by the Minister of Inland Revenue, who

> E. S. C, c. 23.



IS assisted by (1) a commissioner and on assistant com-
missioner, who hold office duriiig pleasure and perform such
duties as may be assigned to them by the Governor-General
or by the Minister’, and (2) certain other officers appointed
by the Governor-General.

The duties assigned to the department by statute are de- Duties,
fined to be : —

(1) The control and management of

a. the collection of all duties of Excise,

b. the collection of stamp duties and the preparation

and issue of stamps and stamped paper, except
postagv> stamjxs,

c. all internal taxes,

d. standard weights and measures.

(2) The administration of the laws affecting the cutting
and measurement of timber, masts, spars, deals, staves, and
other articles of a like nature, and the collection of slidage and
boomage dues.

(3) The collection of bridge and ferry tolls and rents,
and of tolls on the public canals and the control of matters
incident thereto.

Provision has been made for the transfer of this depart-
ment to the newly-created Department of Trade and Com-



5. Department of Customs.

This department was established by the 31 Vic. c. 43,
and is presided over by the Minister of Customs. The
Minister is assisted by a commissioner and an assistant
commissioner, who have such powers and perform such duties
as may be assigned to them by the Governor-General or by
the Minister.

The department has the control and management of Duties,
the collection of customs, duties and all matters incident



V- ^ ^


1 E. S. C, c. 34,

– See ante, p. 193.

«<;) 198 THE DOMINION ADMINISTRATION. thereto, and of the officers and persons employed in that service'. By the 50 and 51 Vic. c. 11 this department is to be transferred to the Minister of Trade and Commerce or to the Minister of Financed 6. Department of Finance. This department was constituted by the 32 and 33 Vic. c. 4, and has the siipervision, control and direction of all matters relating to such financial affairs, public accounts, revenue and expenditure of the Dominion, as are not or in so far IS they are not by law or by order of the Governor in Council assigned to any other department of the Civil Service, as well as such other duties as may be from time to time assigned to it by the Governor in Council. By a subsequent Act' the office of Receiver-General was abolished and the duties of that official were transferred to the Minister of Finance. Two important branches of the department are the Treasury Board and the Audit Office. The Treasury Board, formed of the Minister of Finance, and five Ministers nominated by the Governor in Council ■*, acts as a committee of the Privy Council in all matters of finance which are referred to it by the Council or to which it thinks it necessary to call the attention of the Council. It is empowered to direct that books and accounts be kept by any officer engaged in the revenue department, and to prescribe how accounts are to be kept by the various branches of the public service'. It directs how each department is to prepare its appro- priation account. Office^"*^'' "^^^ ^^^^^ ^^^® ^ ^'^^^^ ^^^'^ charge of the Auditor- General, who is appointed by the Governor-General under the The Treasury Board. 1 R. S. C. 188G, c. 32, s. 5. ^ 50 and 51 Vic. c, 13. See nutc, p. 193. 42 Vic. c. 7. 11. S. C, c. 28. 'i It 1 I • ili < y DEPARTMENT OF FINANCE. 199 tht Great Seal. The Auditor-General's assent is required before any cheiiue can bo issued for the payment of public moneys. Ho is re(iuire(l to audit the state accoiuits every year, and may be called on by the Minister of Finance to audit the accounts forming the Consolidated Revenue Fiuid, the ac- counts current with the banks and fiscal agents of Canada, the accounts relating to the issue of loans, the accounts with the Indian tribes, the accounts with the provinces, and the accounts with the Government of the United Kingdom. The Deputy of the Minister keeps the accotmts with tlic Duties of financial agents of Canada in England, and with the bank or SJlfputy. banks receiving or paying public moneys, and the accounts of moneys paid for interest on Canadian Stock, debentures or other Canadian securities'. He also classifies all appropria- tions of public moneys in the appropriation book, and enters the amount drawn on account of such appropriation, and generally keeps the public accounts of Canada. The ordinary revenue of Canada is derived from various The sources, and may be classified inider the heads of (1) Taxation, (2) Other sources. The revenue raised by taxation consists solely of Customs and Excise duties, that from other sources consists of money derived from the jiost-office, Government railways and works, interest on investments &c. The income in the year 1887—8 amounted to 35,908,403 dollars. Revenue. N. Taxation. Customs 22,105,920 Excise 6,071,480 28,177,412 Other sources. Public Works 3,550,100 Doininion Lands 217,083 Post-office 2,379,241 Various 1,578,627 35,908,463 The above revenue forms the Consolidated Fund out of 1 R. s. c, c. 28, 8. .';. 1^' V 'T t , 1 • 1 .-»» f ill''-' V 8 >–



which is paid the ordinary oxpoiiditurc. Tlio charges on this
Fund in the year 1\

t^B ?







f f




Tlie Post

revise plans, estimates and recommendations of other engi-
neers, architects, and officers touching any public Avork, and
generally to advise the Minister on all engineering or
architectural questions affecting any work.

By the Expropriation Act’ very extensive powers are
given to the Minister to take public lands required for any
public work. The compensation to be paid f:^’ such land is
fixed by official arbitrators appointed by the Governor*.

8. Department of Railways and Canals.

The Department of Railways and Canals was constituted
by the 42 Vic. c. 7. The Minister of Railways and Canals
2>resides over the department.

The Minister of Railways and Canals has the management,
charge and direction of all Government railways and of all
canals, and of works or property appertaining or incident

The powers and duties of the Minister in respect to
railways and canals ai’o practically the same as those of the
Minister of Pidilic Works regarding public works.

9. Department of the Post-Office.

This department was established by the 31 Vic. c 10, but
it is now regulated by the Post-Office Act^. Previous to the
Confederation each province managed its own postal system.

The chief officers of ihe department are the Postmaster-
General, the Deputy, and the Inspectors, who are all ii’p-
pointed by the Governor-General. Postmasters in cities and
towns having permanent salaries are also appointed by the
Governor-General, all other postmasters are appointed by the

The powers of the Postmaster-General are very wide and

‘ R. s. C, 0. 3P,

II). c. 40.

3 lb. c. 35.



varied. He is authoriijed by statute ‘ to exercise the following
powers : —

1. to establish and close post-offices and post routes,

2. to ajipoint postmasters, other than those appointed by
the Governor-General, and other officers and servants, and to
remove or suspend any postmaster or other officer or servant,

5. to enter into and enforce mail contracts,

4. to make regulations as to what is mailable matter ;
to restrict the weight and dimensions of letters and iiackets
sent by post; and to prevent the sending of explosive,
dangerous, contraband or improper articles, or obscene or
immoral publications,

^ 5. to establish rates of postage for mailable matter not
being letters, and to prescribe the conditions on which such
articles will be received,

6. to prepare and distribute postage stamps and stamped

7. to make postal arrangements with other countries,

8. to make arrangements for refunding postage on H. M.
Military or Ntival Service,

9. to make regulations regarding money orders,

10. to make regulations regarding registered letters,

11. to decide what is to be decreed a letter,

12. to sue for money due,

13. to provide street boxes,

14. to grant licenses for sale of stamps,

15. to impose pecuniary penalties not exceeding 3200
for contravention of regulations,

16. generally to make regulations for carr) ing on the W(jrk
of the department.

In addition to the above powers relating to the ordinary
business of a post-office the Postmaster-General has also
power to establish a parcel post^ and with the consent of the
Governor-General a system of post-office savings banks’.

‘lb. s. !). Mb. s. 41. Mb. s. f,.j.



.’ li





Dniies of
as tucb.

The statutory duties of the Inspectors arc* to

a. superintend the performance of the mail service,
h. instruct new postmasters in their duties,

c. ]:eep postmasters to their duty of rendering ac-

coimts and paying over moneys,

d. inspect every post-office from time to time,

e. incpiire into complaints and suspected cases of mis-


f. and generally to do all they arc required to do by

the Postmaster-General.

The Dominion entered into a postal agreement with the
United States in 1875 by which a common rate of postage
was adopted for the two countries, each country to return all
money collected. At the second Congress of the General
Postal Union held at Paris in May 1878, Canada was ad-
mitted into the Postal Union.

The Postal Union was in 1874 replaced by the Univei’sal
Postal Union formed at Berne, which now embraces all
British Possessions except the Australian Colonics and South

10. Depautment of Justice.

By the 31 Vic. c. 39 a Department of Justice was con-
stituted to be presided over by the Minister of Justice, who
for the time being is to be ex officio Her Majesty’s Attorney-
General for Canada. The Governor-General has jiower to
appoint a Deputy and, subject to the Civil Service Acts, to
appoint clerks and other officers in the department. A recent
Act 50 and 51 Vic. c. 14 has made provision for the appoint-
ment of a Solicitor-General to a.ssist the Minister of Justice.

The Minister of Justice as such is the official legal adviser
of the Government, and is required to advise the Crown upon
all matters referred to him by the Crown. It is his duty to
see that the administration of public affixirs is in accordance

> R. S. C, s. 14.





with law, and to superintend all matters connected with the
administration of justice in Canada and not falling within
the jurisdiction of any provuice. He advises upon all k’gis-
lativc acts and proceedings of the Legislatures of the
different provinces of Canada, and is cliarged with all duties
assigned to him by the Governor-General in Council’.

As Attorney-General his powers and duties are as fol- Duties as

\n\vK- Attorney,

lows.— Geueral.

(1) He is entrusted with the powers and charged with
the duties, which by law or usage belong to the office of
Attonicy-General in England so far as the same jiowors and
duties are applicable to Canada.

(2) He is entrusted with the powers and duties that by
the laws of the several provinces belonged to the office of
Attorney-General in each province up to the time when the
British North America Act 1.SG7 came into force, which
laws under the provisions of such Act are administered and
carried into effect by the Government of the Dominion.

(3) He has to advise the Heads of the several Depart-
ments of the Government upon all matters of law connected
with such departments.

(4) He is charged with the settlement and approval of
all instruments issued under the Great Seal of Canada.

(5) He has the superintendence of penitentiaries and of
the prison system of the Dominion.

(6) He has the regulation and conduct of all litigati(jn
for or against either the Crown or any public department in
respect of any subjects within the authority and jurisdiction
of the Dominion.

(7) He is charged generally with such other duties as
may at any time be assigned to him by the Governor-General.

A police force has been constituted for the North-West North-
Territories, and at the present time it is under the contrcjl Mounted
and management of the Minister of Justice. The force is ° ”^^*

» 11. S. C, c. 21.

? i




^JA.: *fcftfl^^








limited to 1000 men, and all appointments are made by the
Governor in Council. It is under the command of a com-
missioner and assistant commissioners, who exercise all the
powers of stipendiary magistrates. The Lieutenant-Governor
of Keewatin has the Ideal disposition of the force in that
district subject to any order of the Governor-General, and the
Governor-General is authorised to make arrangements with
any province for the employment of the force in such

province ‘.

11. Department of Agriculture and Statistics.

This department was constituted by the 31 Vic. c. 53 and
is presided over by the Minister of Agriculture. He is
assisted in carrying on the work of the department by a
Deputy and a staff of officers and clerks appointed by the

The duties and powers of the Minister extend to the
execution of the laws of the Parliament of Canada and of the
Orders of the Governor in Council relating as well to the
following subjects as to the direction of all public jodics, officers
and servants employed in the execution of such laws and
orders*: —

1. Agriculture.

2. Immigration and Emigration.

3. Public Health and Quarantine.

4. Marine and Emigrant Hospitals of Quebec.
0. Arts and Manufactures.

6. Census Statistics and the registration of Statistics.

7. Patents of Invention^.

8. Copyright’.

9. Industrial Designs and Trade-marks\
10. Experimental Farm stations.

1 See R. S. C, c. 15. » jb. c. 21.

* By the 50 & 51 Vic. c. 12, patents and copyrights may be transferred to
the Department of the Secretary of State, and Industrial Designs and Trade-
marks to the uew Department of Trade and Commerce.




Subject to the Minister, the Deputy has authority to Tho
oversee and direct the officers and servants of the depart- ^”^”^^’•
ment : ho has such powers and duties as are assigned to him
by the Governor in Council, and in the absence of the Minister
may suspend any officer or servant who neglects or refuses to
obey his directions’.

ii, :,

. i;

12. Department of Marine and Fisheries.

This r^’partment was constituted by the .SI Vic c. ^7.
It is presidi^ol over by the Minister of Marine and Fisheries,
who is assisted by officers appointed by the Governor-

The department has, subject to the Acts of the Parliament Duti…
of Canada and of the Provincial Legislatures, the control,
management and supervision, as well as the execution, of
laws regulating the following matters” :—

1. Sea, coast, and inland fisheries and the management,
regulation and protection thereof and anything relating

2. Pilots and pilotage and decayed pilots’ funds.

3. Beacons, buoys, lights, and lighthouses and their

4. Harbours, ports, piers and wharves, steamers and
vessels belonging to the Government of Canada, except gun-
boats or other vessels of war.

5. Harbour commissioners and harbour masters.

6. Classification of vessels and examination of, and
granting certificates lo, masters and mates and others in the
merchant service.

7. Shipping masters and shipping officers.
















) s




how made


The Active
and the

Period of

The men arc divided into four classes’ : —

1. Those between 18 and 30 who are unmarried or are
widowers without childicn.

2. Those between 30 and 45 who arc unmarried or are
widowers without children.

3. Those between 18 and 45 who are married or are
widowers with children.

4. Those between the age of 45 and GO.

When the Militia is called out, each company has to
furnish its quota of the number fixed, and if a sufficient
number of men do not volunteer the men enrolled in the
first class settle by ballot who are to serve: if more than
the whole number in the first class are required, then the
second class ballot to make up the deficiency and so on^

When a man is chosen by ballot, he may provide a sub-
stitute, and provided the substitute does not himself become
liable” he remains exempt from service until his time again
comes to serve.

The whole force is divided into*

1. The Active Militia, which is subdivided into the land
force and the marine force.

(a) The land force consists of corps raised by volun-
tary enlistment, or by ballot as above described.

(6) The marine force is composed of seamen, sailors
and persons whose visual occupation has been in
a steam or sailing craft navigating the waters of
the Dominion.

2. ‘J^he Reserve Militia, which is composed of the whole
of the men not serving in the Active Militia.

For the Active Militia the period of service in time of
peace is three years’^, in time of war it is one year”.

The Reserve Militia may be called out every year by Her

^m’: ■ I

I r

1 R. S. C. c. 41, s. 11.
lb. s. 13. ” II). s. 80.

‘ lb. a. 30.

■’ lb. 8. 32.

•» lb. R. 12.



Majesty tor a puriod of not less than eight days and not
exceeding IG days*.

The Active Militia may be called out as follows :— CdllinK

1. By Her Majesty in the case of war, invasion, or Militia.

2. By the Lieutenant-Governor of Manitoba, if a notable
disturbance of the peace or other emergency occurs in the
North-West Territories or Keewatin.

3. The officer commanding any tnilitary district or
division upon any sudden emergency of invasion or in-
surrection or imminent danger of either may call out the
whole of the Militia under his command’.

4. The officer in any district may call out the Active
Militia under his commaml in aid of the civil power when a
riot, disturbance of the peace or other emergency recpiiring
such service occurs or is in the opinion of the civil authori-
ties likely to occur’.

5. The Active Militia may be called out also by order
in Council to serve as guards of honour, as escorts, or as
guards and sentries at the opening or closing of Parliament,
to attend the Governor-General or any member of the Royal
Family in Canada, or to guard armoui-ics.

‘ .)




14. Department of Indian Affairs.

By the Act constituting a Department of Indian Affairs’
the Minister of the Interior was made Superintendent of
Indian Affairs, but a subsequent Act^ repealed that provision,
and enacted that the Superintendent of Indian Affairs should
be either the Minister of the Interior or the head of some
other department appointed for that purpose by Order in
Council. The President of the Council is now (LS87) the

‘ lb. s, o!). -^ II). s. 78. -i lb. s. ;H.

■” -1(! Vie. e. C.

■* l.’i Vic. c. 28.

r * i;^ «


A\ I




Iiulians in Canada fall into t\v i : .


1 i







HIh duties aru’: —

1. To act an the msidcnt tigmt of the Dominion in the
United Kingdom and in that capacity to execute such
powers and perform such duties as may from time to time
bo conferred upon or assigned to him by the Governor-
General in Council.

2. To take charge; of and supervise the Emigration
officers and agencies in the United Kingdom under the
Minister of Agriculture.

a. To carry out such instructions as he may from time
to time receive from the Governor-General respecting the
commercial, financial, and general interests of the Dominion
in the United Kingdom and elsewhere.

The salary attached to the office is 10,000 dollars a



‘ 11. S. C. c. 16, B. 2.



i {

If I

1 f

. fi ‘:




I^BH. 1


; ^

B. N. A.

Court of


TiiK Dominion Jldicature,

The relation of tlio Doiniuiou to the administration t^t’
Ju.stice may be considered under three heads, (I) the esta-
blishment of Courts, and (2) the appointment of Judges,
and (.’J) appeals to the Privy Council.


By section 101 of the B. N. A. Act lcS62 the Purliamont
. – St’c (iiitr. ]). l;i7 ‘ R. S. C. c. liiT, h. 11.




The judges of the Supreme, District, and County Courts
(except the Courts of Probate in Nova Scotia and New
Brunswick) are appointed by the Governor-General, and their
salaries are paid by the Dominion*.

The judges of the Supreme Courts hold otHce during
good behaviour, but they arc removeable by the Governor-
General on address of the Senate and House of Commons’.

Jiulges of the County Courts also hold office during good
behavioiu”, and during residence within their districts’.

They may be removed by Order in Council for (a)
inability or old age or ill health, (;>) incapacity or mis-
behaviour. An in(iuiry nuist be held before removal, and
leusonable notice be given to -^he judge of such incpiiry.
The intjuiry is to be held by a Commission, which may
consist of the judges of the Supreme Courts either of
Canada or of any province*.

‘ ‘{


8. Appeals to the Privy Council.

An appeal lies from the Supreme Court of Canada to the
Judicial Committee of the Privy Council, by ])ermission <.f the Judicial Conmiittee. Tn Canadian Act establishing the Supreme Court enacted that the judgment of the Court .should be final and conclusive ".saving any right which Her Majesty may be graciously pleased to exercise by virtue of her royal prerogative"." These last-mentioned words were held to leave entirely untouched and to have preserved Her Majesty's i)rerogative to allow an api)eari ' B. N. A. Act, 18(i7, S.S. lir.—lOO. 1{. S. C. c. ViH. ■ B. N. A. Act, s. !»9. ■' R. S. C. c. i.'iS. > lb.

” R- «• C. c. 13.’-,, 8. 7L ” Johnston V. Minhtrr ,n„l Trnstrr. „f

St Anilrcir’x Chuirh, L. R. 3 Apj). Cas. 1.5′,».


Us *


r .

;,^ ‘S t

I’ -^^l’ :^l



By the Canadian Insolvency Act’ it was enacted, that the
court to which an appeal eoidd be made inider the Act
shoidd be final, no saving clause being inserted regarding the
prerogative but on the ground that the rights of the Crown
could be taken away only by express words, and as there
were no words in the Act that coidd be held to derogate
from the prerogative of the Crown, the Judicial Committee
held that Her Majesty’s right to allow appeals as of grace in
insolvency matters was not affected*.

There is however no prerogative right in the Crown to
review the judgment of a Supreme Court in Canada upon an
election petition. The subject-matter of the jurisdiction dele-
gated to courts in regard to elections to a Legislative Assembly
is of a special nature, and the transfer of such jurisdiction from
the Legislature itself to a court of law does not imply that
the final decision should belong to the Queen in CounciP.

In advising Her Majesty whether to allow an appeal or
not, the Judicial Committee will have regard not merely to
the amount in dispute but to the importance of the questions


» 38 Vic. c. 16. ^ Cmhing v. Bupwj, 3 App. Cas. 409.

^ Thdberge v. Lumlnj, 2 App. Cas. 102.




Division of Legislative Poweii.

Legislative power over Canada is shared amongst the
following authorities: (1) the Lieutenant-Governors and the
Provincial Legislatures, (2) the Governor-General and the
Dominion Parliament, and (3) the Crown and the Lnperial
Parliament. The provinces can legislate on matters which
are either specifically enumerated or are governed by general
clauses ; the Imperial Parliament has an implied exclusive
jurisdiction on matters expressly or impliedly reserved : the
balance of legislative power belongs to the Dominion. But
even in those matters committed to the Dominion and the
provinces the Imperial Parliament retains a concurrent

It is difficult to refer the distribution of legislative power
to any one principle. The provisions of the Union Act of
1867 were based on certain resolutions agreed to by the
Imperial Government and the Canadian provinces, and it is
not surprising to find a singular want of principle in the
framework of the Act. An attempt has been made in it to
enumerate the respective powers assigned to the Dominion
and to the provinces, but the impossibility of enumerating all
the possible subjects on which legislation might be required
forced the framers to insert two general clauses, one giving
power to the provinces to legislate on “all matters of a
merely local or private nature in the province,” and the









Si ^ 1

1 j


■U t

– f

other coiifbrring i)ii the Dominion power to legislate ” for the
peace, order and gooci ^’oveniment of Canada in relation to all
matters” not assigned to the provinces. The result is that the
interpretation of the Union Act is much more difficult than
the interpretation of the constitution of the United States.
The following remarks of the Judicial Committee of the
Privy Council in the Citizens Insurance Co. v. Parsons^ shew
the view that has been taken by the courts as to the relation
of the important sections containing the enumeration of the
chief k’gislative powers of the Dominion and the provinces.

“The scheme of this legislation as expressed ‘.n the first
branch of sect. 91 is to give to the Dominion Parliament
authority to make laws for the good govenimcnt of Canada
in all matters not coming within the classes of subjects
assigned exclusively to the Provincial Legislature. If the
91st section had stopped here and if the classes of subjects
enumerated in sect. 92 had been altogether distinct and
different from those in sect. 01, no conflict of legislative
authority couhi have arisen. The Provincial Legislatures
would have had exclusive legislative power over the 10
classes of subjects assigned to them, and the Dominion Par-
liament exclusive power over all other matters relating to
the good government of Canada.

” But it must have been foreseen that this sharp and
definite distinction had not been and could not be attained,
and that some of the classes of subjects assigned to the Pro-
vincial Legislatures unavoidably ran into and were embraced
in some of the enumerated classes of subjects in sect. 91 :
hence an endeavour appears to have been made to provide
for cases of apparent conflict : and it would seem that with
this object it was declared in the second branch of the 91st
section ” for greater certainty but not .so as to restrict the
generality of the foregoing terms of this section” that (not-

‘ L. 1{. 7 App. Cns. 06.



withstanding anything in the Act) the exclusive legislative
anthoritv of the Parliament of Canada should extend to all
matters coming within the classes of subjects enumerated in
that section. With the same object apparently the para-
graph at the end of sect. 91 was introduced, though it may
be observed that this paragraph applies in its grammatical
construction to No. 1(5 of sect. 92.

” Notwithstanding this endeavour to give pre-eminence to
the Dominion Parliament in cases of a contiict of powers, it is
obvious that in some cases where this appannit coniiict exists,
the Legislature could not have intended that the powers ex-
clusively assigned to the provincial Legislature should bo
absorbed iu those given to the Dominion Parliament. Take
as one instance the subject ‘marriage and divorce,’ con-
tained in the enumeration of .subjects in sect. 91: it is evident
that solemnization of marriage would come within this
general description ; yet ‘ solemnization of marriage in the
province ‘ is enumerated among the classes of subjects in
sect. 92, and no one can doubt, notwithstanding the general
language of sect. 91, that this subject is still within the
exclusive authority of the Legislatures of the provinces. So
‘ the raising of money by any mode or system of taxation ‘
is enumerated among the classes of subjects in sect. 91 : but
though the description is sufficiently large and general to
include ‘ direct taxation within the province in order to the
raising of a revenue for provincial purposes ‘ assigned to pro-
vincial Legislatures by sect. 92, it obviously could not have
been intended that in this instance also the general power
should override the particular one. With regard to certain
classes of subjects, therefore, generally described in sect. 91,
legislative power may reside as to f;<;me matters falliiig within the general descri})tion of these subjects in the Legis- latures of the provinces. In these cases it is the duty of the Courts, however difficult it may be, to ascertain in what degree, and to what extent, authority to deal with matters M. 1 o ' 1 . • i I 220 DIVISION OF LEOISLATIVK POVVET?. ?•! ' J 1 1 il :f\\ m i n Co-ordi- nate power of Imperial Parlia- ment. Conflict of Imperial and Colonial Legisla- tion. falling within these classes of subjects exists in each Legis- lature, and to define in the particular case before them the limits of their respective powers. It could not have been the intention that a conflict should exist ; and in order to prevent such a result the two sections must be read together, and the language of the one interpreted, and where necessary modified, by that of the other. In this way it may in most cases be found possible to arrive at a reasonable and prac- ticable construction of the language of the sections so as to reconcile the respective powers they contain and give effect to all of them. In performing this difficult duty it will be a wise course for those on whom it is thrown to decide each case which arises as best they can, without entering more largely upon the interpretation of the statute than is necessary for the decision of the particular question in hand." Before attempting to arrange or discuss the various legislative powers, attention may be called to some general principles that ought to be borne in mind, and which are suggested either by the Act itself or by judicial decisions of the Judicial Committee and of the Canadian Courts. 1. Though the 91st section of the Act professes to give " exclusive " legislative authority to the Dominion Parlia- ment on the matters specified, such authority is " exclusive " only of provincial Legislatures, and does not aftect the supreme legislative power possessed by the Imperial Parliament over all the dominions of the Crown. In other words, the Imperial Parliament still retains co-ordinate legislative power in all matters assigned to either the Dominion or the provincial Legislatures'. 2. By the Imperial Act 28 and 29 Vic. c. 63, intituled " An Act to remove Doubts as to the validity of Colonial Laws," it is enacted that any Colonial law " repugnant to the provisions of any Act of Parliament extending to the 1 See for a fuller discussion of this point post c. xxi. I •, '1 to give ^arlia- usive " prcinc lit over perial in all viiicial iMi'MKD ro\vi:i{S. '2-17 c'(»U)ny to which such hiw mtiy relate, or r pngiiaiit to any order or regulation niadt; under authority of such Act of Parliament, or having in the colony the force and etiiect of such Act, shall be read subject to such Act, order or regula- tion, and shall to the extent of such repugnancy " be void. In the case of IVie FareweW the judge of the Quebec Vice- Admiralty Court applied the above statute, and held that a clause of the Merchant Shipping Act of 1854 superseded the Dominion Pilotage Act of 1(S73. 8. The provincial Legislatures "are in no sense delegates of or acting under any mandate from the Imperial Parliament. When the British North America Act enacted that thi-re should be a Legislature for Ontario, and that its Legislative Assembly should have exclusive authority to make laws for the province and for provincial purposes in relation to the matters enumerated in sect. 92, it conferred powers not in any sense to be exercised by delegation from or as agents of the Imperial Parliament, but authority as plenary and as ample within the limits prescribed by sect. 92 as the Imperial Parliament in the plenitude of its power possessed and could bestow. Within these limits of subjects and area the local Legislature is supreme, and has the same authority as the Imperial Parliament or tlu Parliament of thf Dominion would have had under like cireumstances to con- fide to a municipal institutii)n or body cjf its own creation authority to make by-laws or resolutions as to suhj»>cts
specified in the enactment, and with tlu’ object of carr}ing
the enactment into operation and effect ”.”

4. Power to legislate on a particular subject implies the
right io legislate on incidental subjects necessary to an exer-
cise of i-uch power.

” We consider as a proper rule of interpretation in all
these cases that when a power is given either to the

‘ 7 Quebec L. R. 380, 2 Cart. :!78.

– r. C. ill llodije V. The Qunni, L. R. ‘J App. Case?, at p. 132.

IT)— 2






liniitM of



power of

! J





A ‘\



if \

\ S\



powers of

Dominion or to the provincial Legislatures .o legislate
on certain subjects coming clearly within the class of subjects
which either Legislature has a right to deal with, such
power includes all the incidental subjects uf h-gislatiou
which are necessary to carry on the object which the B.N. A.
Act declared .should be carried on by that Legishiture. The
determining of the age or of other qualifications r((iuired by
those resii’ing in the province of Quebec to manage their
own business, or to exercise certain professions or certain
branches of business attended with danger or risk I’or the
public, are local subject.s in the nature of internal police
regulations; and in passing laws upon those subjects, even if
those laws incidentally affect trade and commerce, it must
be held that this incidental power is included in the right
to deal with the subjects specially placed under their
control, the exercise of which cannot be considered to be
uncoiistitutional ‘.”

5. If a matter does not fall within any of the classes of
subjects assigned exclusively to the Legislatures of the
provinces, then it is within the general power given to the
Parliament of Canada ” to make laws for the peace, order,
and good governm ,nt of Canada.” On this ground an Act
of the Canadian Parliament introducing throughout the
Dominion uniform legislation for the promotion of tempe-
rance by prohibiting the sale of liquors, except under certain
restrictions, where the inhabitants of a county or city adopted
its provisions, is not ultra vires “. This principle must
however be taken subject to the (]ualiHcation that the matter
in question does not fall within any of the restrictions
imposed by the Act on the powers of the Dominion Parlia-
ment. The Dominion Parliament cannot for instance change

‘ Dorion, C. J., in Bennett v. rharinaceutical AxKoeiution of Quebec,
1 Dorion Quebec Appeals 33{), 2 Cart. ‘250. See also A’x parte Lvrrllle. Q,
•2 Stephens Dig. 445, 2 Cart. 349.

– Riitniell V. the Queen, 40 L. T.. N. S. HH”).





tho seat of governnu’iit ‘, nor alter the constitution of tho
Senate, except by providing for the repri’sentation of new
provinces “, nor alter the constitution of a new ])rovineo *
nor impose protective duties as between provinces, nor in-
crease its own powers ; all these matters are within tho
exclusive jurisdiction of the Queen and Knglish Parliament.

G. Tho Courts in deciding upon the relative powers of l”‘ormcr

.iT-k’- 1 ••ir-i Mil 1 I’OWirrt of

the JJominion and provincial Legislatures will have regard J’lovinceH.
to the powers of tho provinces at the time of the Con-

7. When tho validity (>f an Act is in (luestion the first ^r’t””” of

^ ^ \ iiiti’ipruta-

point to be decided is this : does the stibject-matter fall tion.

within any of the matters assigned to the provinces ? If it
does not and it is a provincial Act, then such Act is ultra vires;
but if it pnma facie falls within one of such classes, then the
further question arises, viz. “whether, notwithstanding this is
so, the subject of the Act does not also fall within one of the
enumerated classes of subjects in sect. 91, and whether the
power of the provincial Legislature is not thereby over-
borne ? ”

Instead of following the order in which the legislative
powers are expressly or impliedly mentioned in the Act, the
following attempt is made to group the various powers
under definite heads.



1. Amendment of the Constitution.

Certain important but limited powers are given to the
Dominion Parliament and to the provincial Legislatures to
enable them from time to time to amend their Constitutions.

‘ B. N. A. Act, 8. 16. ‘■’ U & ;$,» Vic. (i.) c. 2s. s. 2. » lb. s. G.

■• The Corporation of TItree Rivers v. Suite, Q. 5 Legal News, 330.

■■’ Citizens’ Insurance Co. v. Pamons, 4.”) L. T., N. S. 7’il, Cart. 2(i.j ; Dohie
V. The Temponilities Board, 7 Ai>p. Cas. 13(>, 1 Cart. 351 ; Hank of Toronto
V. Lambe, L. 11. 12 App. Cas. 575.



( ! J-

^ i




I •


!l i



und liit’ii-



The Pro.








The Governor. The salary of the OuviTiior-CjIunfral may
be varied by the Dominion Purliument’, bnt otherwise the
Parliament has no legal control over his office. The saluries
of tlie Lieutenant-Governors aro fixed and provided for by
I’arliaiiient”. The |)rovince.s have no legal control over the
office of Lieutenant-Governor”, but the Governor-General is
by constitutional custom re(iuin,’d to rely on the advice of
his ministers in making or revoking an appointnu’nt*.

The Senate. The oidy powers conferred on the Dominion
I’arliament over the Senate are those for varying the nundier
necessary to form a quorum* and of hearing and determining
any (piestion that arises relating to the (lualification of a
senator or to a vacancy in the Senate”. The PaHiament cannot
abolish the Senate, nor alter the number of members^, except
by providing for the representation of new provinces or of
territories not in a province^; nor prescribe what (jualifications
a senator should possess: all these matters arc settled by the
Act of Union and subsequent Acts, and can only be altered
by the Imperial Parliament.

The Legislative Cuuncil. The pnjvinces, on the other
hand, have power not only to alter the constitution of the
Legislative Council but even to abolish it”. By section 92
a provincial Legislature may amend from time to time the
constitution of the province notwithstanding anything in the
Act. The only legislative Council constituted in detail in
the Union Act is that of Quebec, as the constitutions of the
Legislative Couiicils in Nova Scotia and New Brunswick
were continued as they existed at the time the Act passed.
Manitoba has taken advantage of the above power and
abolished its upper House”*.

I’he House of Commons. As legards the House of Coin-

1 B. N. A. Act, 8. 105. ” lb. s. 60. 3 lb. s. 92 (1).

■» Sec (inte, p. 187. ■’ B. N. A, Act. s. 35. 6 n,. g, 33,

” U S: nr, Vic. (i.) 0. ;J8. » it) A 50 Vic. c. 35.

” B. N. A. Act. ss. 72, 88, 92 (1). i” Man. 39 Vic. c. 28.






inoiKH tht! Dominion Purliamcnt liiis |Mi\vir to legislate oii llu’
following subjects:—

Tho distribution of scuts,

tho (|ualiHeiitions und disnuiiliticutions at’ meinbors,

the voters at elections,

the oaths to be taken by voters,

returning oificers, their powers and duties,

proceedings ut elections’,

periods during which elections may be continued,

trial of controverted elections”,

vacating of seats of members,

execution of new writs iu case of seats vacated otherwise
than by dissolution’*.

The nund)er of members may be increased every decen-
nial census subject to the conditions specified in section 51.

Parliament may also make provision for the absence of
the Speaker of the House of Commons*.

IVie Leijislatlve Assemblij. The ])rovincial Legislatures
possess the same powers for altering the constitution of the
Assembly that they have for altering the constitution of the
Legislative Council, except that \vhere the Legislative
Assembly is the only House it cannot be abolished. It is
true that there is no express provision in the Act against the
abolition of a provincial Assembly, but in such a case it
must be remembered not only that such an abolition would
be inconsistent with the provisions of the Act, but that the
power of a province to affect its constitution is a power to
“amend” not to “abolish.” The Union Act implies a Legis-
lature of some kind iu each province.

Privileges. The Dominion Parliament has power from
time to time to define by Act the privileges, innnunities and
powers to be enjoyed by the Senate and House of Commons,
and by the members thereof respectively, but the privileges

1 As to punishment of biibeiy at elections, see Dnyle v. lifllc, 11 Out.,
App. Rep. 32. -‘ See ,n,ti\ p. 1H7. ■’ 13. N. A. Act, ib. s. 11. * lb. s. 17.

The I’r.)-

of I’aiha-


!><• IT i I • .1 1 ) I,; IS m 232 DIVISION OF LEGISLATIVE POVVEH. Privileges of Provin- cial Legis- latures. Powers of Parlia- ment. Dominion cannot alter Pro- vincial Constitu- tion. iiiimuiiities and jjowers so conferred are not to exceed those enjoyed by the English House of Commons at the time of the passing of such Act'. No express power was given to the provincnil Legislatures to define their privileges, but Acts for that purpose have been passed by Ontario, Quebec, Manitoba and British Columbia^. Ne'ther the Dominion Parliament nor the provincial LegislaburcH can increase or vary the powers expressly or impliedly conferred on the Dominion and the provinces respectively by the Imperial Parliament. The Dominion Parliament has no power to alter the constitution of any of the provinces admitted into the Union. And by the Imperial Act 34 Vic. c. 28, s. 6, it is not for instance competent for the Parliament to alter the 32 and 33 Vic. c. 3, providing a constitution for Manitoba, or any other Act establishing new provinces in the Dominion. The Parliament of Canada may with the consent of the Legislature of a province alter the limits of a province upon the terms and conditions agreed on by such Legislature, 34 Vic. (i ). c. 28. The 34 Vic. (i,), c. 58, conferred on the Parliament of Canada power to make provisions from time to time for the administration, peace, order, and good government of any territory not for the time being included in any province. A clause in the order in Council surrendering the North- West Territory and Ruperts-land to the Dijtninion confers a similar power as regards these Territories, but the same order in Council ' imposes certain conditions, relating chiefly to the Hudson's Bay Company, that are binding on the Dominion Parliament and cannot be altered Dy it. 2. New Provinces and TKiiurroiiiiis. At the time oi the incorporation of the North-West I HS .V mtVic. (i.) c'. ;W, s i. - Scf- ,nih'. p. (17. • ■■ Scr Appendix. rtlBLK.' PROPERTY. 2. S3 lerritory, a doubt arose as to whether the Domiiuon had New power to establish new provinces. To set the matter at rest the Imperial Act 84 Vic. c. 28 was passed, conferring power on the Dominion Parliament to establish new pro- vinces in territory not included in any province, to make provision for the constitution and atlministration of the pr(>vince, to pass laws for the peace, order, and good
government of such province, and to provide for its repre-
sentation in the Dominion Parliament.


8. Treaty Obligations.

The power of entering into treaties has not been con- Treaties.
ferred on the Dominion, but the Parliament of Canada has
” 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 ai-ising under treaties be-
tween the Empire and such foreign countries’.”


Doiniuion /’overs.
TliL” Public Propci-ty. s. ‘Jl (1).

Provincial Powers.
The Mjinagenient and 8a]e of
the Public Lauds belonging to
tlie province, and of the timber
and woi ‘1 t’lereon. s. d2 (.o).

By t.’.ict. 108 of the B.N. A. Act it was enacte(i that the
following public woi’ks and property in each province W(‘re
to be the property of the Dominion Covernment : —

1. Canals, with lands and water power connected there

2. Public harbours.

8. Lighthouses and jjicrs ank to pay British Columbia
interest on the difference between its indebtedness and the
indebtcdne’ s of Nova Scotia and New Brunswick, and to pay
Prince Edward Island the difference between its indebtedness
auvl a certain amount specified in the order in Council.

Direct Taxation. A province may raise a revenue by
direct taxes for provincial purposes.

The meaning of ” direct taxation” was discussed in -.4. G.
for Quebec v. Queen Insurance Co.^

In 1875 an Act was passed by the Legislature of Quebec’
which enacted that every assurer carrying on in the province
of Quebec, any business of assurance other than that of
marine assurance should take out a license every year,
and should pay for such license a certain percentage of every
premium by means of an adhesive stamp affixed to the policy
or receipt. In an action for penalties for not complying with
the terms of the statute, it was contended, that the above
Act was not within the powers conferred on the Legislature
of Quebec, as the tax imposed by the Act was neither a

‘ B. N. A. Act, ss. no no. •; L. R. .-< App. C'as. lOilO , 1 Cait. n?. :' HO Vic. c. 7. DTRR(T TAXATIOX. 2.^; I direct tax within the ineaning of sect. 02, subscct. 2, nor a license within the meaning of subsect. 9. This view was taken by the Canadian Court, and was upheld by the Piivy Council. Stress was laid on the fact that the Act did not require any payment to be made for the license, nor did it impose any penalty for not taking out the license — the penalty being incurred only if a policy was issued without the stamp. The Act was therefore a Stamp Act, and ncjt a Licensing Act. Being a Stamp Act it was a method of indirect and not of direct ta.xation. On the other hand a duty or stamp on exhibits filed in a Court in an action is an indirect tax, as the litigant, wjio in the first instance pays it, is not necessarily the person on whom the burden may ultimately fall'. In a more recent case^ the Judicial Connnittee held '^'i'"'' "" 1 /-\ 1 4 • • 11 banks, that a 'Quebec Act iniposnig a tax on banks and insurance companies, varying in the case of banks in proportion to paid- up capital, aiid based in the case of insurance companies on a sum specified in the Act, was valid, on the ground that looking at the Act in (piestiou it was evident that it was the intention of the Legislature that the corporations from whom the tax was demanded should pay and finally bear it. Mill's definition was taken as a fair test of a direct tax, viz. " a direct tax is one which is demanded from the very persons who it is intended or desired should |)ay it. Lidiroct taxes are those which are demanded from one person in tiie expectation and intention that he shall indemnify himself at the expense of another." It was also held in the same case that a province may levy a tax on a business in the jmnince though some of the persons on whom the tax would fall were donuciled elsewhere, as .sect. 92 (2) did not re(juire the persons taxed to be domiciled in the province. 'i I .1. (J. of Qufhec V. Rial, 10 App. ('ll^. 141. Ildiik of Tinoiito v. Lambi', I,. H. 12 \i)\). Can. ",7.5. rwrr"^ ^ •- 238 DIVISION OF LEGISLATIVE 1'OWKH. Tax on Dominion Ollicers. Licenses, It was suggested in Doiu v. Black^ that the clause only authorized direct taxation fur the purpose of raising a revenue for general provincial purposes, tliat is, taxation incident on the whole province for the general purposes of the whole province. The Judicial Committee refused to adopt this view, and held that the clause was sufficiently wide to enable a provincial Legislature, whenever it shoiild see fit, to impose direct taxation for a local purpose upon a particular locality within the province. A provincial Legislature has no power either to impose itself or to authorize a municipality to impose a tax on the incomes of officers of the Dominion Government residing in the province. Such a power would conflict with the right given to the Dominion Government to fix and provide the salaries of the civil and other officers of the Government of Canada con- ferred by s. 91 (8) of the Act of 18G7, inasmuch as a provincial tax would mean a reduction in the salaries fixed''. Indirect Taxation. Except in the case of certain licenses a province has no power to levy an indirect tax. The Dominion Parliament may impose indirect taxation, subject to the proviso that no protective duty can be imposed as between the different provinces. The licenses above referred to as within provincial juris- diction are " .shop, saloon and other licenses in order to the raising of a rivcnuo for provincial, local or municipal p\u'- poses."' " Shop licenses" refer to licenses for the retail of liquors in (quantities not less than one quart in shops other th.xn places of public entertainment ; whilst " saloon" and " tavern" licen,ses apply to places of public entertainment. The power given by this subsection is, notwithstanding ;he use oi the woixls "and other liconses," limited to licenses ' L. R. 6 P, C. 272; 1 Cart., p. 9.5. * Ixpltiohon V. City of Ottawa, 2 App. Eoj\ (t)nt.) 52'2 I Cart. 'M. and } Evaiix V. //«(/(»», O. 22 L. C. Jurist itlH ; 2 Cart. Uiu 1 \T ADMTNTSTRATIOX. 239 for objects strictly innuicip.il or local in character, and does n(jt extend to licenses on manufactures, such as brewers' licenses*. A license is to a certain extent an interfiTcncc with "trade and commerce," but such right of interference is im])lied, and therefore a license tax on butchers keeping stalls in the city of Montreal elsewhere than in the public market was held valid*. But to reipiire a license from the person authorized by the Dominion Parliament to sell goods under the Dominion Insolvency Act was regarded as an interference with the Dominion's power over " bankrupt' / and insolvency"." In the earlier cases it was suggested that a province could legislate only in regard to licenses for the purpose indicated in clause 9; viz. the raising of a revenue, but in RegiiKi v. Fratvlei/* it was pointed out by Spragge, C J., that clause 9 was cumulative to clause 8, relating to mu- nicipal institutions, and that a province had therefi)re power to legislate for the prevention of intemperance, the preserva- tion of order, and other matters of police, and such legislation might be carried into effect by means of licenses. 6. Administration. Under this head may be classified matters relating to (1) Public Safety, (2) Public Works and Means of Comnninica- tion, (3) Marine Matters, (4) Matters of State Management, and (5) the Civil Service. 1. Public fSafeti/. — The Dominion has sole jurisdiction over () The Sea-coast, h. 91 (12). Sca-coaflt.

(c) Inland Fisheries. FiHhoricH.

The meaning of “inland fisheries” was discussed in I’lie
Queen v. l{ohertHon\ “I am of opinion,” said Ritchie, C. J.
“that the legislation in regard to inland and sea fislieries
contemplated by the B. N. A. Act was not in reference to
‘property and civil rights,’ that is to say, not as to the
ownership of the beds of the rivers or of the fisheries
or the rights of individuals therein, but to subjects atfecting
the fisheries generally, tending to their regulation, pro-
tection, and preservation, matters of a national and general
concern and important to the public, such as the forbidding
fish to be taken at improper seasons in an improper manner,
or with destructive instruments, laws witli reference to the
improvement and increase of the fisheries : in other words,
all such general laws as enure as well to the benefit of
the owners of the fisheries as to the public at large who arc
interested in the fisheries as a source of national and pro-
vincial wealth: in other words, laws in relation to the fishi’vies
such as those which the local Legislatures were, previously to
and at the time of Confederation, in the habit of enacting
for their regulation, preservation and protection, with which
the property in the fish or the right to take the fish out
of the water to be appropriated to the party so taking the
fish has nothing whatever to do, the property in the fishing
or the right to take the fish being as much the ])roperty
of the province or the individual as the dry land or the land
covered with water.” The grant b) the Dominion Minister
of ^larine and Fisheries of a right to fish in a provincial
river was therefore held invalid.

4. Matters of State Management. The Dominion has
exchisive jurisdiction in regard to: —

(a) The Census, s, 91 (6). Consiiri.



1 G Can. S. C. 11. 52 ; 2 Cart. 65.





■T^ — I




■ 1


\ i ‘ i











. .’ivico.

(!ourt of




(b) Statistics, s. 91 (G).

(c) Wc’i^’hts and Measures, s. 01 (17).

5. The Civil Service. For carrying on the necessary de-
partments of state the Dominion has the following powers: —

1. The fixing of and providing for the salaries of the
Governor-General (s. 105) and of the Lieutenant-Governors,
s. GO.

2. The fixing of and providing f(jr the salaries, allowances
and pensions of the judges of the Superior, District, and
County Courts (except the Courts of Probate in Nova Scotia
and New Brunswick) and of Admiralty Courts in cases where
the judges arc paid by salary, s. 100.

3. The fixing of and providing for the salaries and
allowances of civil and other officers of the Government of
Canada, s. 91 (stal)lialiinent, maiiitfii-
.■I nee and iiiaiia;,'(Miiont of public
rpfonnatory prisons in and for
tlic provinco. s. 92 (d).

The iiiipositioiiof puiiisliiiKMit
l>y line, penalty ni’ iiMprisoiiinciit
for (MifoiTini,’ any law of the
proviut’C made in relation to
any niattci’ coinini,’ within any
of the classes of suhjects enu-
merated in section ‘J 2. s. ‘J 2



K loci ion

Courts of Appeal Wy the .SS Vie. o. 2, passed in tlic
year 1




WEBSTER, N.Y. 14580

(7161 873-4503





^<^ ^ 244 DIVISION OF LEfiTRLATTVE POWER. kih ;i Enforce- ment of Tenipc- riiiicc LawH. This limited power of criminal jurisdiction does not authorize a provincial Legislature to erjforce a laAV of the province, made in relation to matters within the exclusive jtirisdiction of a provincial Legislature, by declaring acts to be offences which arc criminal oflfenci's at common law. When therefore the Ontario Legislature provided that tampering with a witness in the case of prosecutions under the Li(]uor License Act should involve a penalty, the Ontario Court of Queen's Bench held the proviso ultra vires, inas^Tu-^h as tampering with a witness was an offence at cf)mnu;.,« i-iw'. In this case an attempt was made, similar to that in Eir^^ .^h cases', to distinguish between acts that arc offences, .. hose punishable by magistrates, and acts that arc cri.. :\ .iz. those punishable on indictment, and it was suggested t!;at the foimer wore within the jurisdiction of the local Legislatures; but the decision was ultimately based on the principle that the act in (juestion was a crime by common law and therefore not within provincial juris- diction. The validity of clauses in provincial laws relating to temperance has been (|uestione(l. L» some cases" it has been hi'ld that the method adopted for enforcing the Act in (juestion was ultra vires, aud in other cases that it was valid*. A provincial law forbidding the compromise of offences against a law regulating tavern and shop licenses, and enacting that any party to such a compromise should on conviction be liable to ini])risonment, was held not to be ultra vires''. > R. V. Latmnre, 43 U. C. Q. 13. 1<)4. » Sec remnrkfl of Martin D. in A. G. v. RiuUoff, 10 Ex. p. 90. » n. V. Vrittw, 42 U. C. Q. B. 012; 2 Cart. 000 ; R. v. Lake, 43 U. C. Q. B. 51.5; 2 Cart. 010. ' License Commitmioiiem of Prince Edward v. County of Prince Edward, 0. 20 arant, 452 ; 2 Cart. 07S. ' Riyimi V. lioardman, 30 U. C. Q. B. 563 ; 1 Cart. 070. »■ CRIMINAL JUUIHDICTION. 245 docs not aw of the ' exclusive ing acts to inion law. idod that ions under nalty, the viso ultra an offence ,de, similar 1 acts that i, and acts Dnt, and it urisdiction ultimately as a crime icial juris- elating to )(1 adopted id in other 3f offences jnses, and should on not to be , 13 U. C. Q. 'nee Edward, This limited power of criminal jurisdiction does not K';I"« "f extend to the alteration of the ndes of evidence existing for the protection of persons accused of offences ; a man there- fore cannot be compelled to criminate himself, even though the offence be one created by a provincial Legislature'. In so far as a province has power to enc«ct penal law.s, it rroccduro. has an implied power to regulate the procedure recpiisite for enforcing such laws". The point has been raised in Quebec, whether a provincial Punish- Legislaturc has power to punish by both tine and imi)rison- ment or by one only of these modes. In one case" the latter view was taken, but in a subse([uent case^ it was held that the word or in s. 92 (15) is not used in a disjunctive sen.se*. A province it has been held may enforce its penal laws by hard labour in addition to impri.sonment". Though this power of making criminal laws is vested in the Dominion, the Attorney-General of the province is the proper othcer to prosecute in the courts of justice in the province '. Election Petitions. By section 41 of the Act it ^'■- s pro- Election vided that until the Parliament of the Dominion should '"' ' '""^' otherwise determine, the old mode of hearing Election Petitions was to continue, and it was liehF that this gave jurisdiction to the Dominion Parliament. By an Act jiassed in 1874" the existing provincial courts were constituted courts for the trial of Election Petitions, > Regina v. Roddy, 41 U. C, Q. B. 291 ; 1 Cart. 70!).

” Popf V. Griftlli, 10 L. C. .Jurist W.) ; ‘2 Curt. 2111. K.v j„irtr Diniran
10 L. C. .Turist 188; 2 Cart. 21»7. Pane v. drijlitli, 17 L. C. .Jurist 802;
2 Cart. 308.

» K.t purte Pitpiit, I’i L. C. ■Tiiri-.t ;i:Jl ; 10 L. C. .Jurist :U’,) ; 2 Cart. pp.
320-323. * Pdiije V. (liifilli, 18 I^. C. .Jurist U’.l ; 2 Cart. 321.

■* See the EukHsIi Cases of Fowler v. Ptidijit, 7 T. U. .511 and Ditcher v.
Deiihon, 11 Moore’s V. C. 338 where ” or ” in an Act of I’arliiiinent was held
to mean “and.” ” Reijinn v. rniwleij, (). 7 App. Hep. 210.

‘ A. G. V. Xhinara Falb Inter. Bridge Co., 20 Grant 3t; 1 Cart. 813.

8 Valin V. Lanijloi*, 5 App. Cas. 11.5; 1 Cart. p. loS.

37 Vi





in civil


but it was objected that this was an interference ” with the
achninistration of justice in the provinces” committed to the
I’rovineial Legislatures ; it was however held that the Act
was valid, as it created a new jurisdi(;tion, and though it
adopted the machinery of the courts it did not merely
add to the old jurisdiction’.

Pvucedure. An Act of N. IJ. abolishing imprisonment
i’or debt was held valid as respects a j)erson not a trader or
subject to the Dominion Insolvent Acts, inasmuch as the Act
regulates procedure iu civil suits in relation to civil rights”.

\l ••:

8. Status.

The Dominion has sole jurisdiction regarding
KtatuH. 1. Naturalisation and Aliens, .s. !)1 (25).

Indiana. 2. Indians and lands reserved for Indians, s. !)1 (24).

liy ” h • :’s reservetl for Indians” is meant lands reserved
for the use of Indians and not surrendered by them. Such
lands arc sometimes described as ‘Indian Reserves.” Lands
surrendered by them and to which their title is extinguished
come within tlie jurisdiction of the province”.
Marriage. 3. Marriage anil Divijrce, except the solenuiization of

marriage within a province, which falls under provincial legis-
lation, s. n of
insolvent estates without interfering with and mollifying
sonio of the ordnuiry rights of property and other civil

Patents, copyrights, lands reserved for Indians as well as
other specitic subjects enumerated in the Ulst section, relate
to property and civil rights, and therefore it is only as
re^^ards property and civil rights other than the property
and civil rights assigned to the Dominion Parliament that
fall within the jurisdiction of the provincial Legislatures.

In some cases a province may avoid any conHict by SnvinR
inserting a special clause in the provincial Act. A grant of
shore or of land extending into the water, with a proviso that
the grant was not to give any right to interfere with
” commerce and navigation,” was held valiil, inasmuch as
this proviso reservetl all Dominion rights”’.

The provincial rights are limited also by the implied lini)li(d
power of the Dominion ^o legislate on property and civil ^jo^^i’ii”^*^ ”
rights so far as that is necessary to exercise jurisdiction over
the subjects assigned to it.

On this ground the Dominion Act, 34 Vic. c. .’), .s. 4(5,
authorizing the transfer of warehouse receipts to banks by
direct endorsement was held valid, inasmuch as such legis
lative power was implied in the right to regulate trade,
commerce and banking*.

The validity of the Canadian Temperance Act 1878, which
authorized the inhabitants of a city or county under certain
restrictions to prohibit the sale of intoxicating liijuors, was
challenged on this ground amongst others, that it affected
“property and civil rights” in the provinces, but the Judicial

1 Ctuhing v. Diipuij, 5 App. Cus. 409; 1 Curt. 2.52: and seo Kinney v.
Dudnutn, N. S. 2 Kussell A Chosluy Id; 2 Cart. 412.

2 Normand v. St Lawrence Naciijatiun Co. y. 5 L. K. 215 ; 2 Cart. 231.
•” Smith V. the Mn-chants’ Ihink, O. 28 Graut, <)29 ; 1 Curt. 828, aad bee Crombie v. Jacktun, oi U. C. l^. D. J75 ; 1 Cart. 08j. union. 250 DIVISION OK LKOIRLATIVE roWKH. i w I'olict! tiuiiK. Unnk- ruptcy. Coininittcc held that the Act oouUl not properly Ik; s-aid to be a law in relation to property and civil rights in the sense in which the words are used in section 1)2, but n-lated to the public order and safety, and therefore fell within the authority of the Dominion Parliament to make laws for the order ant! good government of Canada', This power of the Dominion Legislature does not prevent a province from making regulations in the nature of police or numicipal regulations of a local character for the good government of taverns licensed for the sale of licjuors by retail, and such as are calculated to preserve in the muni- cipality peace and public decency and rcjiress drunkenness and disorderly and riotous conduct, nor are such regulotions any interference with the general regulations of trade and commerced As an example of a Dominion Act held invalid as affect- ing civil rights reference may be made to the 42 Vic. c. 48 applying to all building societies, whether solvent or not^ Bankruptcij and Insolvency. The effect of these words was considered in L' Union St Jacques v. Belisle. The scheme of enumeration in section 91 is " to mention various categories of general subjects which may be dealt with by legislation. There is no indication in any instance of anything being contemplated except what may be pro- perly described as general legislation: such legislation as is well expressed by Mr Justice Cawa when he speaks of the general laws governing faillite, bankruptcy and insolvency, all which are well-known legal terms expressing systems of legislation with which the subjects of this country and probably of most other civilized countries, are perfectly 1 Rimell V. Regina, L. B. 7 App. Cas. 829 ; 2 Cart. 12. Griffith v. Rioiix, Q. Legal NewB, 211. ■■' Uodye v. The Queen, L. It. D App. Cas. 117, see also Ex parte I'illuw, 27 L. C. Jurist 210. ^ McClanai/luin v. St Ann's Mutual Luilding Society, 21 L. C. Jurist 102; 2 Cart. 2;)7. ^1|! HAMvlUTpTCY AM) INSOIA'KNMY. 25: fiiiuiliiir. The words iK'scribi' in tlirir known k-gal sense provisions nuido hy law for the adniinistratit)!) of the estates of persons who may become bankrupt i»r insolvent aceonhng to rules and deHnitions prescribed by law, ineludinj,' of course the cciiditions in which that law is to be brought into oj)eration, the manner in which it is to bo brought into operation and the etVect of its operation'." Hence an Act of the Dominion providing for the li(piidation of l)uilding societies in I lie proviiice of (.Quebec oidy was held ultra viris\ A provision that claims by an*l against assignei's in insolvency may be disposed of by a Ct)unty Court Judge on petition is within the jurisdiction of the Dominion Govern- ment*, and the clause in the Insolvent Act of l.STo which enacted that a person who purchased goods on credit knowing himself unable to meet his engagements and concealing the fact with intent to defraud should be liable to two years' imprisonment, wiis held valid by the Ontario Court of Appeal, though such enactment wa-s connected with property and civil rights as well as with th»! administration of justice*. The following provincial Acts have been held invalid, a.s infringing on the Dominion rights regarding bankruptcy and insolvency : — An Act of New Brunswick providing for the examination of a debtor bef»jre a judge and authorizing the judge to grant the debtor a discharge from gaol on proof that he is unable to pay his debts and had made no fraudulent transfer or undue preference''. The Quebec License Act liS70 in so far as it imposed a tax on the sum realized from the sale of an insolvent's effects". ActK lit^ld invalid. il k •li 1 L' Union St Jacques v. Itelhlc, L. 11. P. C. 31 ; 1 Curt. p. 03. » McCliiiKKjhaii V. St .'.nn's Society, Q. 21 L. C. J. 102. =• Crumbic v. Jaclmon, 34 U. C. Q. U. 57J ; 1 Cart. 0S5. * Peek V. Shields, (5 Out. Ai)}). Ikp. G3'J. » R. V. CluiiuHer, N. B. 1 Hanuay 55(1; 2 Cart. 421. « Cote V. H'atsun, 3 (^ueUjc, L. U. 167 ; 2 Cart. 343. 252 DIVIHION OF LKUISLATIVK ToWKH. H M A portion of tin Act of Nova Scotia, 1.S74, to facili- tate arrangements between Railway Coinpunies and their anditors'. The power to legislate on bankrnptcy and insolvency is not only a limitation of the provincial ])ower of legislating on "pro|)erty and civil rights " but also of provincial powers relating to " proce(h>re in civil matters.”
CiiHhini,’ r. In Cushinf/ V. J)i(j)ui/^ it was contended that an Act of
“‘*”^” the Dominion Parliamcuit which made the judgment of the
Court of Queen’s Bench in Quebec final in matters of inmA-
vency was ultt’u vires, as interfering with property and civil
rights and as dealing with procedure in a civil matter.

” The answer to these objections,” said Sir Montague Smith
in delivering the judgment of the Privy Council, “is obvious.
It would be impossible to advance a step in the construction
of a scheme for the administration of insolvent estates with-
out interfering with and modifying some of the ordinary
rights of proj)erty and other civil rights nor without providing
some mode of special procedure for the vesting, realisation
and distribution of the estate and the settlement of the
liabilities of the insolvent. Procedure must necessarily foi-m
an essential part of any law dealing with insolvency. It is
therefore to bo presumed, indeed it is a necessary implication,
that the Imperial Statute in assigning to the Dominion
Parliament the subjects of bankruptcy and insolvency in-
tended to confer on it legislative power to interfere with
property, civil riglits and procedure within the provinces so
far as a general law relating to these subjects might affect
them. Their Lordships therefore think that the Parliament
of Canada would not infringe the exclusive powers given to
the Provincial Legislatures by enacting that the judgment
of the Court of Queen’s Bench in matters of insolvency

Vf ”

‘ Murdoch V. Wiiuhor Aj.i). Cas. 40!>.



should bt> final niid not snlijrct to the A]HKal as of rij^dit to
Her Majesty in Council allowed by Art. 117.S of tlio Code of
Civil Promlurc’.”

The following’ jtrovincial Acts have been held valid : —

An Act of N. R ])rovi(lin^’ that as a^Minst the assipice
of the j,Mantor under any law relating’ to insolvency, a bill of
sale should take eiV( ct only from the time of til in;,’ thereof*.

An Act of New Ih’unswick abolishing,’ imprisoiunent for
di’bt as res])ects a jiei-son not shewn to l)e a trader or subject
to the Dominion Insolvent Act”.

An Act of N. B. for the imprisonment of a person making’
default in payment of a sum due on a judgment in certain


11. Trade and Commerce.

To the Dominion are assigned

The regidation of Trade and Commerce, s. 91 (2). Trade and
Bankruptcy and Insolvency, s. 91 (21). luorcc.

The words ‘ regulation of trade and commerce ‘ in their
unlimited sense are sufficiently wide if tmcontroljed by the
context and other jjarts of the Act, to include every regida-
tion of trade ranging from ])olitical arrangements in regard
to tra(h3 with foreign Governments re([uiriiig the sanction of
Parliament down to minute rules for regulating particular
trades. But a consideration of the Act shews that the words
wore not used in this ludimited sense. In the first place the
collocation of No. 2 with classes of subjects of national and
general concern affords an indication that regulations re-
lating to general trade and commerce were in the mind
of the Legislature when conferring this power on the

‘ It was also lickl that the Statute did not affect the ti^ht of Iler Majesty
to allow an appeal as of Grace.

•■’ In re l)e Vcher, 21 N. B. K. 101 ; 2 Cart. 552.

” AnimtruiKj v. McCiitchiii, N. 15. 2 PuKsley, 381 ; 2 Cart. 1″,»1.

* K.r parte Kllis, N. D., 1 Pugsley & Burbidge, 5’J3 ; 2 Cart. 527.





‘fS 15

Dominion I’arlianicnt. If the words Imd Ix’tMi iiitcnilcd
to have the full Hcopo of which in their iiti-ral nioaninj^
they arc susot’ptible, the Kpecifio mention of Hoveral of the
other dasscH of mdyi’ctH ennmeratt.’d iti section 01 would have
been unnecessary, as 15, banking; 17, weights and measures;
IS, bills of exchange and promissory notes ; 10, interest ; and
even 21, bankruptcy and insolvency.”

‘”Regidation of trade and commiTce’ may have been used
in some such scsnse as th(! words ‘regulations of tradt’,’ in
the Act of Union between England atid Scotlaii’! (G Aimc
c. 11), and as these words have been used in Acts of state
relating to trade and commerce. ArticK; V. of the Act of
Union enacted that all the subjects of the United Kingdom
should have “full freedom and intercourse of trade and
navigation” to and from all places in the United Kingdom
and the C(»lonies, and Article VI. enacted that all ])arts of the
United Kingdom fnmi and after the Union should be under
the same ])rohibitions, restrictions and re(ful L. R. 7 App. Cns. p. 112.

M(>NOI*<)MKS. 25') view tak(?ii by the ihtdicinl Coinmiltcc, ns to the inraniii^ by-law of a
municipal bo(iy to thisetfect was not ultra vires of u pnnini iai
Legilaturo, inasmuch as it related to police or imnilcipjd
matters which are within provincial control’.

The power of the Dominion Parliament to legislate on
trade and commerce is limited by the implied or incidental
power the provinces have of passing laws necessary to give
effect to the express powi-rs of legislation committed to them.

On this ground the Quebec Pharmacy Act l(S7r), re(|uiring
qualifications on the ])art of persons e.xercising the business
of selling drugs and medicines, was held valid” as falling
within ” local ” matters in the province.


The Dominion has also .sole jurisdiction in

1. Patents of Invention and Discovery, s. {)! (22).

2. Coi)yright.s. .s. 91 (2.’J).

3. Incorporation of Banks, s. !)1 (15).

» He Harris ankin(;.

The following matters are solely within Dominion legis-
lation : —

1. Currency and Coinage, s. 91 (14).

2. Issue of Paper Money, s. 91 (15).

3. Legal Tender, s. 91 (20).

4. Bills of Exchange and Promissory Notes, s. 91 (IS).

5. Banking and Incorporation of Banks, s. 91 (15).

6. Savings Banks, s. 91 (IG).

7. Interest, s. 91 (19).

A province may authorize a corporation or other body to
borrow money at a rate of interest legalised b}- the Dominion
Parliament, but it cannot alter the legal rate of interests

14. Agriculture and Immigration.

On two subjects, viz.

1. Agriculture in the province,

2. Innnigration into the province,

concurrent powers of legislation are given to the Dominion
and the provinces, subject to the proviso that a provincial
law is only to be of force in so far as it is not repugnant
to the Dominion Act. s. 95.

• A, G. for Quebec v. Colonial liitililiiifi ami Inveiitmcnt Association,
App. Cas. 157.

‘■’ Koyal CaiiaiUaii lusuraitcc Co. v. Montreal Warehoxising Co. Q. 3 LeRal
News, 155 ; 2 Cart. 301 ; lioi^s v. Torrance, Q. 2 I.o^’il News, 180 ; 2 Cart. 362.

tt i



have full
iiios with
[•lies that
; through-
I the fact
Ts to oik;

lion logis-

s. 91 (IS).

■ (15).

T body to



. Q. 3 LcRal
2 Cart. 3r)2.

15. LOCAI, Mattkrs.

Each province has jurisdiction in

(1) Municipal institutions in the province, s. 02 (S).

(2) Generally all matters of a merely local or private
nature in the jirovincc s. 92 (!(]).

This last sub-si’ction must he read in coiuicction with the
following provision in section 91 : —

” Any matter comiiig within any of the classt’s of suhjocts
enumerated in this section [s. 91] shall not be deemed to
come within the class of matters of a local oi- private nature
comprised in the enumeration of the classes of subjects bv
this Act assigned exclusively to tlu> Legislatures of the

In the case of L’Uuvdi St Jaajves v. liellsh^ the Judicial
Conuuittec of the Privy Council wa.s called u])on to consider
the meaning of the words “matters of a nu’rely local or
private nature.” A benefit society called L’Union St Jacqties
de Montreal, incorporated in the city of Montreal, and con-
sisting of mend)ers living within the Province of Quebec, had
owing to improvident regulations become embarrassi-d. The
local Legislature ])assed ai: Act imposing a forced commut-
ation of t’xisting rights u])o)i two widows who were
annuitants of the society, but reserving the rights so cut
down in the pos.sible event of an improvement in the jiffairs
of the association. “Clearly this matter is private,”. said L(»r(l
Selborne in delivering the judnnu’iit of the Court; “clearly
it is local, so far as locality is tr be considered because it is
in the province and in the city of Montreal.” A majority of
the judges of the Quebec Court of Queen’s Bench ha





Dnw V.




society was embarrassed did not make it ” insolvent,” anfl the
object of the Act was to prevent insolvency and enable the
society to continue.

This case was followed in Dow v. Blach^, where an Act of
the Legislauire of New Brunswick to enable the majority of
the inhabitants of a parish within the province to raise, by
local taxation, a subsidy to promote the construction of a
railway extending beyond the province, but already duly
authorized to be made, was held to be a ” local or private
matter” resembling an Act authorizing trustees or guardians
of a minor to let a warehouse to the company.

Municipal Institutiaiis. The right of a province to
regulate the licpior traffic has been held in several cases *
to be valid as an exercise of the power to make police or
municipal regulations. The validity of such laAvs has been
attacked, chiefly on the ground that they are an interference
with trade, but the case of Iludge v. The Queen has finally
determined that such laws so long as they relate to police or
to municipal or local matters are not nltra vires. A |)rovince
may therefore enforce a Sunday Closing Act^.

This power to deal with municipal institutions impliedly
gives power to alter and amend the laws n-latiiig to such
institutions as existed at the time the Act passed*. And
where a b^-law of a munici])al body forbade the sale by
retail in public streets of certain artioli’s, it was held not
to be an interference with “the regulation of trade and

‘ L. R. G, r. C. 275 ; 1 Cart. p. 95.

‘•* See //()(/(/(• V. The Queen, 9 App. Cas. 117 ; Suite v. Corporation of City
of Three Rivers, 12 C. S. C. R. 2r,.

3 Poulin V. Corporation of Quebec, 9 Can. S. C. R. \m.

* Re Harris ami the Corporation of the City of IJamilton, 41 U. C. Q. B.
641 ; 1 Cart. 766.

» Ih.

t,” and tho
enable the

:; an Act of
majority of
o raise, by
ction of a
‘eady duly
or private

ovinco to
ral cases ‘
‘ police or
; has been
has finally
police or
A. province

g to such
ed*. And
e sale by
i held not
trade and



16. Alteration of Laws existing at time of the


By section 120, the laws in force in each province were
to continue in force, siilject (except as regards Imperial
Acts) to being altered by the Dominion or province, according
as their subject-matter was within the jurisdiction of the
Dominion or the province under the provisions of the Act of

The powers possessed by a provincial Legislatiire to rojx’aj
and alter old statutes are co-extensive with the powers of
direct legislation which the province j^ossesses under other
clauses of the Act’.

‘ Dobie V. The TeiiiporuUtic.i Ihmnl, L. R. 7 App. Ctif. IHO; 1 Cart. 3.”>1.









ation of City

U. C. Q. D.



^^ r



Dominion Control of the Provinces.


V i ‘

The Dominion Executive has, within very detinite limits,
a certain degree of control over the })rovinciiil Legislatures
and Administration.s.
Veto of As regards the ])rovincial Legislatures, every Act |»a.ssed

General, ^as to be transmitted to the Covernor-Ceneral, who, within
one year, may disallow the same. An account has already
been given of the course followed by the (Jovernor-Cieneral
on receipt of a provincial Act’. As a rule it is referri’d to
the Minister of Justice, who reports thereon to the (Jovernor-
General. The power of disallowanco is in practice exei’eised
only on the advice of the Dominion Ministry. U]» to
the present time it has been but seUlom usi’d. From 1 Aiiti; p. 175.

” On tlio Disallowance of Provincinl Acts, see Can. Ress. Pap. 1RR2,
No. in : lb. 1885, No. ‘2’.», and II)., Itqiort of iMinister of Justice, 1st April,





lite limits,

ict passed
lio, within
IS already
L’feiTi’d to
V\) to
Voni 1807
■d. Since

; a Bridge

g Railway


the ininii-

Tap. 1882,
c, Ist Ajiril,

All Ordinance of the North West Territories ex-Actsdis-

enipting certain property from seizure and sale.
An Act (jf Manitoba respecting escheats and for-
feitures and estates of intestates.
1S8G An Act of British Columbia to i^revent the immi-
gration of Chinese.
An Act of British Columbia to amend the Land

Act 18S4.
An Act of British Columbia to amend the Sumas

Dyking Act 187S.
Two Acts of Manitoba to incorporate certain Rail-
way Companies.
1887 A Manitoba Act respecting the Lieutenant-Governor
and his Deputies.
A Manitoba Act to incorporate the Rock Lake,

Louis V’alley and Brandon Railway Company.
A Nova Scotia Act concerning the collection of
freight and wharfage and warehouse charges.
Li the majority of cases in which an Act has been Uuasons.
disalh^wed it has been on the ground that the Act in
question was clearly beyond the competency of the provincial
Legislature. Where there is a reasonable doubt as to tlie
power of the Legislature t(j i)ass the Act, it is usually allowed
to come into operation, and the persons affected thereby are
left to pursue their remedy in the Courts.

The British Columbia, Manitoba, and Nova Scotia Rail-
way Acts have been disallowed on another ground, viz., that
they were contrary to the railway policy of the Dominion. By
a clause of the contract between the Government of Canada
and the Canadian Pacific Railway Company it is provided : —
” That for twenty years from the date hereof, no line of
railway shall be authorized by the Dominion Parliament to
be constructed south of the Canadian Pacific Railway from
any point at or near the Canadian Pacific Railway, except
such lino as shall run south-west or to the westward of south-


Hail way


-••i*5*»”<' i\ ' .'■ i) \' II Manitoba dispute. 262 DOMINION CONTROL OF THE PROVINCES. Provincial adniinis- tratiun. west ; nor to within fifteen miles of Latitude 40, and in the establishment of any New Province in the North West Territory provision shall be made for continuing such ])rohibi- ti(jn after such establishment until the expiration of the said period." The Dominion Govermnent up to the present year has maintained the policy embodied in this contract and has disallowed all provincial Acts incorporating railways for- bidden to be constructed by the above clause. Notwithstanding the disallowing of a recent Railway Act the Government of Manitoba proceeded with the construction of a railway, and thereupon the Minister of Justice obtained an injunction against the contractor and the Railway Com- pany practically prohibiting the constructicm of the line. During the dispute the Manitoba Govermnent petitioned 1 \e Queen in Council, urging that a provincial bill ought not to be vetoed so long as it was within the competence of the provincial Legislature. It may be pointed out, that any interference by the Crown with the veto of the Governor- General, exercised on the advice of his responsible advisers, would be distinctly " unconstitutional " and at variance with the principle of ministerial responsibility. Negotiations, not yet completed, have resulted in an understanding between the Dominion, the Province, and the Pacific Railway Company, by which the Company arc to surrender the monopoly in consideration of a money payment. As regards the jjrovincial administration the ajipoin' ment of the Lieutenant-Governor and the Judges is in V.j-j hands of the Governor-General in Council. The Lieutenant- Governor is therefore a Dominion and not a provincial officer ami that he is responsible to the Dominion Govermnent for his acts was clearly shewn in the Letellier case', when the • JnU, 1). 173. ES. ENFORCING JUDGMENTS. 2G3 uul in the rth West h j)rohibi- •f the said year has and has ways for- ilway Act istructiun : obtained vay Coni- the line, ioned t le ht not to ce of the that any Jovernor- ailvisers, mce with 'd in an nee, and ])any are a nioney a])poii;! is in tljo ;nteuunt- al otiicer mient tor vheii the Lieutenant-Governor was removed tVoiu his oHici! on the advice of the Canadian Privy Council. The sections of thi' Advice of Miiiisturs. B. N. A. Act lhii».s Acl,

; Vic. c. 72.

‘.. c. 30.
c. 81.


ncial bill,
a bill is

pros(>nto(l to him for his assent, to reserve the sanie liir the
Higniticatic a of the pleasure of his Kxcellency the (nAcr-
nor-(toneral’. If within one yeiir fioni tlie etencv of
the Legislature to pass this Act was doubted, .and on the
recommendation of the Dominion Minister of .Justice, the
question was referri’d to the English law ofiiceivs of the
Crown. They were of o])inion that the Act was ii/lni vires,
and it was therefore disalhjwed by the (Joveriior-( iener.al in

Attempts have been made in several cases by the
Dominion House of Commons, and by parties inti’rested in
provincial legislation, to persuade the Imperial Covermiient
to interfere with provincial legislation. When New Ijruiis-
wick in 1871 pas.sed an Act relating to common schools, not
only did the Dominion House of Commons ask the (ioveriior-
General to take the opinion of the law otHcers of the Ci’own

i;.-<,.r. viilimi. iii^.' Ildiiii' ( invi'lll- llU'llt. Attciii|its to iilitaiii iiitcr- fcitlH'l'. 1 B. N. A. Act, s. rule may be taken as established — that, except in
very special or extraordinary circumstances, the Home
Government will not reconnnend the Governor-General to
disallow a provincial Act that falls within the matters over
which the Provinces have full jurisdiction.

I Todd, p. 3i7 ; Can. Scsk. Pap. 1H77, No. HO, p. ;!i;t.

■^ Todd, p. 31H ; Can. Scss. Pap. 1871, No. 25, p. 8. •’ Todd, p. 357.


hroiigh the
iriion. The
the grouiul
/incial Acts
J Govcrnor-
Icc’linod to

I’cine Court
‘ Dominion
to disallow
ostioii. At
al laid the
t, and the
IS the Acts
ould not be

ce that all
ittod to the
nd when a
l1 privileges
.1 Seoi’etary,
le Colonial
d(.wn the
re unless in
lis is within

, except in
the Home
-General to
latters over

Todd, p. 357.




When ix bill has passed the Dominion Parliament it is
presented to the Governor-General for the Queen’s assent.

Instead of assenting to the bill, he may reserve the bill
for the signification of Her Majesty’s pleasure. If he as.sents
to the bill, he is renuired to transmit a copy to one of her
Majesty’s Secretaries of .State, and if the Queen in Cotuu il
within two years after the receipt thereof by the Secretary
of State disallows the Act, it is annulled from the date of
such signification. The Imperial Government has therefore
full control over Dominion lecrislation.

The power of the Governor-General to as.sent to bills is,
by the B. N. A. Act, s. 55, limited by his instructions.
Previous to 1878 the instructions reipiired him, in tiie ease of
certain bills, jiot to assent to the l)ill exce])t in case of urgent
necessity, unless there was a clause suspending the operation
of the bill, until Her Majesty’s pleasure could ])e signified. In
accordance with thc>se instructions the Governor-General
reserved twenty-one bills between the years 1SG7 and 1S7S.
Eleven of the.se related to divorce and received the royal
assent. In 1872 a Copyright Bill was not appi-oved, as it
confiicted with imperial legisL…on. Two Extradition Bills
were not allowed in 1S73 and 1874. A Ab’rchant Shi])ping
Bill was di.sallowed in 1878, as it contained ])i’ovisions in
excess of Dominion jiowers, whilst a reserved bill that mi”ht
have prejudiced the rights of subjects not resident in Canada
was dropped ill 18<4, and a modified bill passed in the fol- lowing year'. In the revised instructions issued in 1878 the clau.ses relating to the reservation of bills were omitted, " becaus(>
her Majesty’s Government thought it undesirabh” that they
should contain anything which could he interpreted as

‘ St’c Todd, p. III.




r?” ^

i ‘

aiicf of


limiting or defining tho logislativc powers conferred in LSflT
on the Dominion Parliament*.”

Since 1878 it has not been the cnstoni to reserve bills,
as it is understood that the statutory power to disallow any
bill within two years is sufficient for all purposes.

A reserved bill has no force until tho Governor-General
signifies by speech or message to the Dominion Parliament
or by proclamation that it has received Her Majesty’s a.ssent*.

The B. N. A. Act, s. .56, re(iuires the Governor-General to
send to a Secretary of State by the first convenient oppor-
tunity an authentic copy of every Act to wdiich he assents;
and a Dominion Act” requires the Clerk of Parliaments to
certify and deliver to the Governor-General a boimd copy of
the Statutes for transmission to one of the Secretaries of
State, together with certified copies of all reserved bills.

1 Cau. Soss. Pap. 1877, No. 3; Burinot, p. 578.

2 B. N. A. Act, s. 57. » 35 Vic. c. 1, s. 4.



>d ill 1807

^erve bills,
sallow any

y’s assent*.
General to
ent oppor-
10 assents ;
laments to
nd copy of
;retaries of

>i >

– I ,



P’- .


1^ ^


List of Goveinore 275

British North America Act, 18G7 278

Terms of Union British Columbia 313

Terms of Union Prince Edward Island 318

Terms of Surrender of North West Territories . . . . . 322

Imperial Act respecting Establishment of Provinces (3i and 35 Vic. c. 28) 325

Imperial Act as to Privileges (38 and 3t) Vic. c. 38) . . . . 327

Imperial Act as to representation of the N.W. Territories in Parliament

(49 and 50 Vic. c. 35) 328

Letters Patent constituting the office of Governor-General . . . 330

Instructions 334

Commission 337




. 275

. 278

. 313

. 318

. 322

‘ic. c. 28) 325

. 327


. 328

. 330

. 334

. 337


Up to 171)1.

liar) r,en. James Murray.
lUiCi (!un. Sir (Juy Carletoii.
1785 Gcu. Frederick Haklemaiid.

From 1797.

Lower Canada.

1797 Major (Jen. Pre.scott.

1808 Sir .Janie.s Craig.

1811 Sir ( icorge Prevost.

181.3 Sir George Druuiniond.

1816 Sir .John Cope Shorlirooke.

1818 Duke of Richmond.

1819 Sir Peregrine Maitland.

1820 Earl of Dalhousie.
1828 Sir .James Kempt.
1830 Lord Aylmer.
1835 Lord Gosford.
1838 Earl of Durham.

1838 Sir James Colbornc.

1839 Lord Sydenham.

rpi’K.u Canada.
1792 G. Simcoe.
:.9« V. RusseWAd.).
1799 Gen. P. Hunter.
180G Francis Gore.
1812 Gen. Brock (Ad.).
1812 Gen. Shcafe (Ad.).

Gen. Murray (Ad.).

Gen. Rol)in.son (Ad.).
1815 Francis Gore.
1818 .Sir Peregrine JIaitland.
1828 Sir John Colhorne.
1836 Sir Francis Bond Head.
1838 Sir (George Arthur.

Siucn 1840.

1842 Sir Cha,s. Ikgot.

1843 Sir Chas. JFotcalfe.
1845 Earl Catheart.
1847 Earl of Elgin.

1855 Sir Eduunid Walker Hcac

1861 Lord Monck.

Since lsr)7.

1867 Viscount Monck.

1868 Lord Lisgar.
1872 Earl of Dufterin.
1878 Marqui-s of Lome.
1883 Marquis of Lansdowne.
1888 Lord Stanley of Preston.


■ r






■ t ‘■

\ I

I i



^^1 II







Since 1867.

Since 18G7.


Sir X. F. Belleau.


Gen. Stistcd (Ad.).


K. E. (‘arou.


AV. P. Howland.


Letcllior de St Jii.st.


John Crawford.


Dr T. Kol)itailIo.


1). A. MacDonald.


L. F. K. Ma.s8()ii.


J. B. Hobinson.


A. R. Angers.


Sir A. (Vjupbell.




Col. Vetch.


Earl of Dalhousic.


(icn. Nicholson,


Sir J. Kempt.


den. Phihim.


M. AVallace.


Col. L. Arniwtrong.


Sir G. Camiiboll.


Cap. P. Mascarone.

18 K)

Tiord Falkland.


Lord Cornwallis.


Sir J. Harvey.


V. Ilopison.


Sir ( i. L. Marchant.


Major Lawrence.


Earl of JIulgrave.


A. Moiilton.


Sir R. G. MacDonnolI.


J. Belcher.


Gen. Sir AV. F. Williani.s


Col. M. Wilmot.


P. Fanning.


(;cn. Willianw (Ad.).


R. Bulkeley.


Gen. Doyle.


J. Wentwiuth.


Sir E. Kenny (acting).


Sir G. Prevost.


J. Howe.


Sir J. Sherbrookc.


A. G. Archibald, Q.C.


Cen. Daroch.


M. H. Hichey.


Gen. Smyth.


A. W. McLean.


New Brunswick.

(!iiy Cai’leton.

E. WinsloN’.

Lt. Col. Johnston.

Gen. M. Hunter.

(icn. W. I’alfour.

(!en. (!eo. S. Smyth.

Ward Chapman.

J. M. Bliss.

Gen. Sir H. Douglass.

(ien. Sir A. Camplicll (Ad.).

(!eu. Sir J. Harvey.

Col. Sir W. Colbrooke.

1848 Sir E. Head.

1854 Hon. J. H. Sutton.

1861 Hon. A. H. (iordon.

1866 Major-(ien. H. Doyle.

1867 Lieut-Gen. Sir H. Doyle.

1867 Col. F. P. Harding.

1868 L. A. Wilmot.
1873 S. L. Tilley.

1878 E. B. Chandler, (^.C.

1880 R. D. Wihnot.

1885 Sir S. L. Tilley.



1M7() A. <;. Aivhil.ald. 1873 A. Monis. 187!) J. E. Ciuiclioii. J\[AMT(in.\. 1H82 J. Cox Aikiiis. 188.S J. V. Soliultz. Bkitish Colu.mhia. Vancouvku Tsr,AND. IJiutish Columbia. 184!) R. Ulcaiishanl. 1859 James Dougla.sH. 18r)n 18041 "^'^'^1'^*^ Douglasis. 18G4 Captain Koiinedy. British Columbia and Vaxcouvek Island. 186G II. Seymour. 1871 J. W. Truteli. 1876 A. X. llichard.s. 1881 C. F. Cornwall. 1887 Hugh Xulsoii. Prin'ce Edward Island. 1770 Walter Patterson. 1847 1786 Lieut.-Gen. Edmund Fan- 1851 ning. l,s54 1805 Col. J. F. W. DesBarres. 18.5!) 1813 Charles Douglas Smith. 1870 1824 1831 Col. John Ready. Sir Arete.s W. Young. L'^74 1836 1837 Sir John Harvey. Sir Chas. Augustus Fitzroy 1879 1841 Sir Ilemy Vere Huntley. 1884 Sir Donald Campbell. Sir Alex. Bannerman. L'^54 Sir Dominiuk Daly. Ceorge Duiidas. Sir Wni. F. C. Hobinson. Sir Robert Hodgson (ad- ministrator). Hon. Thomas Heath Havi- land, (,».('. A. A. Maedonald. North-West Territories. 1870 A. G. Archibald. 1876 1). Laird. 1872 F. G. Johnston. 1881 ]']dgar Dewdnoy A. Morris. 1888 Joseph Royal. 'i(. ,■ I i- \ 1 / i-:i:|\ THE BRITISH NORTH AMERICA ACT, 1867. 30 and 31 Vic. c. 3. An Act fur the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for pur- poses connected theretvith. [29 Marcfi, 18G7.] WHE11EA8 tlie Province.s of Caiiiidii, Nova Hcotia, and New Brunswick, have expressed their desire to b(^ federally united into one Doniinion under the Crown of the United Kingdom of Great Britain and Ireland, witli a Consti- tution .similar in principle; to that of the United Kingdom : And whereas such a 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 Parliament 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 witli the advice and consent of the Lords Spiritual and Tempor.al, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — Hi ! t 1: i i H *. Short Title. Applica- tion of Provisions I. — PUELIMINAUV. 1. This Act may be cited as "The British North America Act, 1867." 2. The provisions of this Act referring to Her Majesty the Queen, extend also to the heirs and successors of Her Majesty, referring Kings and Queens of the United Kingdom of Great Britain and to the Ireland. Queen. 18G7. cmd New for pur- 18G7.] Scotiii, iind ire to bo vn of the a Consti- oin : welfare of Empire: autliority titution of 3(1 for, but therein be de for the of Britisli een's most eiit of the is present same, as li America [ajesty the r Majesty, •ritain and If THE BRITISH NORTil AMElllCA ACT, 18G7. 27 'J II.— U.VION. 3. It sliall be lawful for the tiuffii, \)y and with thi' advice; of Her Majesty's Most Honourable Privy Coumii, to declare by Proclamation that, on and after a day tiiercin appointed, not l)eing more than six months after tlie passinif of this Act, the Provinces of Canada, Nova Scotia, and New JJrunswick, shall form and be one Dominion under the name of Canada; and on and after that day, tliose three i)rovinces shall form and be one Dominion under that name accordingly. 4. The subsequent provisions of this Act shall, unless it is otherwise expressed or implied, commence and have etl'cct on and after the Union, that is to say, on and after the day a|)p()int('d for the Union taking etl'ect in the Queen'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 On- tario, Quebec, Nova Scotia, and New Brunswick. 6. The parts of the Province of Canada (as it exists at the passing of this Act) which formerly constitutf^d respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form two separate Provinces. The part whicli formerly constituted the Pro\ince of Upper Canada shall constitute the Province of Ontario ; and the part wiiich formerly constituted the Province of Lower C;uiada shall constitute tht>
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 popiiL.tion of Canada which
is hereby required to be taken in the year One thousand eight
hundred and seventy-one, and in every tenth year thereafter, the
respective populations of the four Provinces shall be distinguished.

tiou of

tion of


iiuent pro-
visions of

Four Pro-

of (-)ntario
and (Juo-


of Xova
Scotia and


III. Executive Power.


9. The Executive Government and authority of and over ””” of

, , . , 1 • 1 /-, Executive

Canada is hereby declared to contuiue and be vested ni the Queen, power in

the {^ueuii.





: i

1 I

\\ n





|(>. Tilt’ |ii’i)\ isioiis f)f tliis Act I’cfi’rriiii,’ to the (lovcriKir

‘”‘”.”f (JcMcral c.vtciKl jukI aijplv to the ( io\criinr-( ii-ncnil fritain and Irelainl, or of the
Legislature of Upper Canada, Lower (janadu, (Janada, Nova
Scotia, or New Brunswick, are at the Union vested in or exer-
cisahle by the respective Governors or Lieutenant Governors of
those Provinces, with the advice, or with the advice and consent,
of the respectivt^ Executive Councils thereof, or in conjunction
with those Councils, or with any number of M( iiibers thereof, or
by those Governors or Lieutenant-Governors individually, shall,
as far as the same continue in existence and capable of being
ex(!rcised after the Union in relation to tiie tJovernment of
Canada, be vested in and exercisable by the (!overnor-(jeneral
with the advice or witii the advice and consent of (jr in conjunc-
tion with the Queen’s Privy Council for Canada, or any JMendjers
thereof, or by the Governor-General individually, as the case
requires, subject ne\ertlu!less (except with respect vo such as
exist under Acts of the Parliament of Great JJritain or of the
Parliament of the United Kingdom of Great Britain and Ireland)
to be abolished or altered by the Parliament of Canada.

Applica- 13. The provisions of this Act referring to the Governor-

,^w,v; ;.,„<. General in Council .shall be construed as referring to the Governor- |)r()v iMoiio <--' refer- General acting by and with the advice of the C^ueen's Privy Governor- Council for Canada. General in Council. lA " ' (Jovcrnnr- If tlio tiiiic or Adiiiiiii- t of (/'iuifidii r' title lie is lie (Jovcili- I'ouiifil for liut, (jdimcil tJ (jtONCrilnl- HM'S tllCITof ClU.'I'ill. iiiulcr any I'liameiit of or of t\\v, liidii, N()\ii ill or oxcr- overnors of ikI consent, jonjunction thereof, or lally, shall, le of being •rnnient of lor-General in conjunc- y Members s the case .o such as 1 or of the lul Ireland) a. Governor- 3 Governor- en's Privy Tin: I'.lilTlSII Nolfl'll AMKIMCA ACT, \Xi\7. "JS | 1 I It shall lie lawful for the (,)iieen. if Her Majesty thinks fit, to authorize the ( Invcrnur < leneral fnun time tu time to a|i|i()int ,iny |ier-;nn or any pei'sons, i his
deputy or dt’|iuties within any jiart or parts of Canada, and in
that capacity to exercis*’, durinj,’ the pleasure of tlut Oovernoi’-
(eiii’ial, such of the powers, authorities, and functions of th(!
(Jovernor-Ueneral, as the (fovernor-ticneral deems it necessary or
expedient to assiijn to him or them, subject to any limitations or
directions expressed or given by th(! (^>ueen ; but tiu’ ajipointment
of such a deputy or deputies shall not aliect the exercise by the
( Jovernor-dencral himself of any jiower, authority, or function.

1-“). The < 'ommand-in-Chief n>< Queen's name by Instrument under the (ireat Seal of Canada, "'^^^'""^"'■• sunnnon (pialilied persons to the Senate- ; and, subject to tlu^ provisions of (his .\c(, every pei'son so summoned shall Ix-come and l)e a member of (he Senate ;ind a Senator. ■Jfi. Such persons shall l)e first summoned to tin* Senate as Summons the Qu(!en by Wiirrant undtu' Her Majesty's Royal Siiiii Manual I'M'"'**! ■ . , ,. 11- •' ^ J r> \nu\y of

thniKs lit to approve, and their names shall be inserted in the Huiiiitois.

(.Queen’s Proclamation of Union.

■JO. If at any time, on tiie recommendation of Ihe Crovernor- Addition
(iener;il, the Queen tliinks (it to direct that three or six Members !” ‘^”””■■
l)e added to the Senate, tlii; dovernor-treneral may by summons tiiin casus,
to three or six qualified persons (as the case may lie), n.’prcsei ting
equally the three divisions of Canada, .add to the Senate accord-

27. \n case of such addition being at any time made the Keductioii

(iovernor-General shall not summon any person to the Senate, “‘ ‘^”‘”^”’

•^ ‘ ‘to noriiial

except on a further like direction by the Queen on the like number,
reconunondation, until each of the three divisions of Canada is
rc’presented by twenty-four Senators and no more.

28. The number of Senators shall not at any time exceed Miixiuium

, • 1 J. nuniljLT ijf

seventy-eight. Sonatars.

21). A Senator shall, sulyect to the provisions of this Act, Tenure of

hold his place in the Senate for life. pliico in


30. A Senator may by writing under his hand, addressed to Ko.siL’na-

the Governor-General, resign his place in the Senate, and there- ”<"' «'' ,, 1111 i. place in upon the same snail be vacant. Senate. I .) i ;i 1^ P""^ h ■ i I i '1, I 1 m ■ H i! ■; 284 Ari'KXDIX. Dinqnalifi- -'^l. Tlio piucc of a Senator shall beconiu vacant in any of tho cation of followiiicr rasos :— hcniitors. '^ (1) If for two consocutivc Sessions of the Parliament lie fails to j^ive his attends nee in tiie Senate: (2) If lie takes an oatli or makes a declaration or a'lknow- l(!(lji;inent of allegiance, obedience, or adherence to a Foreign Power, or does an act whereby lie becomes a Subject or Citizen, or entitled to the rights or privileges of a Sul)ject or Citizen of a Foreign Power : (3) Tf lie is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insoh'ent debtors, or becomes a public defaulter : (4) It' 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 residence ; provided that a Senator shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the Seat of the Government of Canada while liolding an office under that Government requiring his presence there. Summons on \'a- cancv ill Senate. Question rt ns to 32. When a vacancy happens in the Senate by resignation, death, or otlierwis(;, the Governor-General shall by summons to a fit and (jualifitnl person till the vacancy. 33. Jf any question arises respecting the qualification of a tioTs''uid ^^'"''^t'"') *^'' ''^ vacancy in tlu! Senate, the same shall be heard and Vacancies determined by the Senate, in Senate. 31. The Governor-General may from time to time, by ment of instrument under the Great Seal of Canada, appoint a Senator to Senate. ^<' Sp(>aker of the Senate, and may remove iiim and appoint another
in his stead.

mcnt of

Quoruiii of 3.”). Until the Parliament of Canada otherwise provides, the
Senate. presence of at least fifteen Senators, including the Speaker, shall

be necessary to constitute a meeting of the Senate for tiie exercise;

of its powers.

Voting ill

3G. Questions arising in the Senate shall be 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 bo
in the negative.

II any of tho

neiit lie fails

or a’lkiiow-
efence to a
! becomes a
3r privileges

applies for
debtors, or

felony or of

operty or of
t 1)0 deeuKHl
•esidenoe by

mmons to ;\

ication of a
le lieard and

3 time, by
I Senator to
oint another

ii’ovides, tlie
)eaker, shall
the exercise

I’cided by a
liave a vote,
eemed to be


TIte llou^e of Cu/ninuus.

37. The House of Conniions shall, sul)j(‘ct to the provisions of Constitu-
this Act, consist of One hundi’ed and eighty-one .MeinluTs, of Housu of
whom eighty-two shall l)e elected for Ontario, Sixty-tive for f^’oinmons
Quebec, Nineteen for Nova Scotia, and Fifteen for New I>runs-

in Canada.

38. The Governor-Creneral shall from time to time, in the
Queen’s name, by Instrument under the Oreat Seal of Canada,
sunnnon and call together the House of Conuunns.

39. A Senator .sliall not be capable of l)eing elected or of
sitting or voting as a Member of the House of Connnons.

40. Until the Parliament of Canada otherwise provides,
Ontario, Quebec, Nova Scotia and New P.runswick, shall, for the
purposes of the Election of Members to serve in the House of
Commons, be divided into Electoral Districts as follows : —


Ontario shall be divided into the Counties, Ridings of Counties,
Cities, Parts of Cities, and Towns enumerated in tin; First
Schedule to this Act, each whereof siiall be an Electoral District,
each such District as numbered in that Schedule being entitled to
return one Member.


Quebec shall be divided into Sixty-live Electoi’al Districts,
composed of the Sixty-five Electoral J)ivisions into which Lower
Canada is, at the passing of this Act, divided under Chapter Two
of the Consolidated Statutes of Canada, Chapter Se\enty-ti\(‘ of
the Consolidated Statutes for Lower Canada, and the Act of the
Province of Canada of the Twenty-third Year of the (^Wieen,
Chapter One, or any other Act amending the same in force at tlie
Union, so that each ‘ such Electoral Division shall i>e for the
purposes of this A-.t an Electoral J)istrict entitled to return One


Each of the Eighteen Counties of Nova Scotia shall be an
Electoral District. The County of Halifax shall be entitled to

iiit; of
House of

not to sit
in House
of Com-

of the four


n ‘,.




ance of
Laws until
ment of

Writs for



return Two Meinbors, iiiul p.-icli of tlie otlicr Counties Ono


Each of tlie Fourteen Counties into wliicli New Brunswick is
divided, including the City and County of St John, shall be an
Electoral District. The City of St John shall also be a separate
Electoral Di.strict. Each of those Fifteen Electoral Districts
shall be entitled to return One IMeniber.

41. Until the Parliament of Canada otherwise pi’ovides, all
laws in force in the several Provinces jit the Union relative to the
following m.atters or any of them, namely : — The qualifications
and disqualifications of persons to be elected or to sit or vote as
IMembers of the House of Assembly or Legislative Assembly in
the several Provinces ; the Voters at Elections of such IMembers ;
the oaths to be taken by Voters ; the Ileturning Officers, 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 dissolution, — shall respectively apply
to Elections of Members to serve in the House of Connnons for
the same several Provinces. Provided that, until the Parliament
of Canada otherwi.se provides, at any Election for a jSrember of
tlie 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 Membeis to serve in the House
of Commons, the (lOvernor-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 Olficers charged with
the issuing of Writs for the Election of IMembers to serve in the
respective House of Assembly or Legislative Assembly of the
Province of Canada, Nova Scotia, or New Brunswick ; and the
Returning Officers 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

bounties One

Bfunswick is
, sliiill be iui
be a separate
)ral Districts

provides, all
elative to the
sit oi’ vote as

Assembly in

(“li ]\Ienibers ;

Officers, their

the periods

iting of seats
case of seats
ctively apply
Commons for
e Parliament
fi jMeniber of
n addition to
lada to vote,

or upwards,

in the House
I to be issued
h Returning

have the like
charged with

serve in the
mbly of the
ck ; and the

this Section
Jnion by the
i 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 Parliament in this ])ehalf, 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 ^•acant

44. Tiie 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 a vacancy happening in the office 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

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 a period of forty-eight 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 Speaker.

48. The presence of at least Twenty Members of the House
of Commons shall be necessary to constitute a meeting of the
House for the exercise of its powers ; and for that pui’pose the
Speaker shall be reckoned as a Member.

49. Questions arising in the House of Commons shall be
d jcided by a majority of voices othei- than that of the Speaker, and

A’hen the voices are ecjual, but not otherwise, the Speaker shall
‘ ve a vote.

50. Every House of Commons shall continue for Five Years
from the day of tlie return of the Writs for choosing the House
(subject to be sooner dissolved by the Governor-Gienei-al), and no

As to


As to
of Speaker
of House of

As to
filling up
in ollice of

Speaker to

in case of
absence of

Quorum of
House of

VotinR in
House of




< 288 APPENDIX. Decennial Re-adjust- ment of lU'piL'scn- tntioii. 51. On the coinplotion of the census in the year One thousand eiglit hundred and seventy-one, and of each subsccjuent decennial census, the representation of the four Provinces shall be re-adjusted by such authority, in such manner, and for such time, as the Parliament of Canada from tinu^ to time provides, subject and according to the following rules : — (1) Quebec sliall have the Hxcd number of Sixty-tive members : {'2) Tiiere shall be assigned to each of the other Provinces such a number of Members as will l)car the same proportion to the number of its population (ascertained at such census) as the number sixty-five bears to the number of the population of Quebec (so ascertained) : In the computation of the number of jNIembers for a Province a fractional part not exceeding one half of the whole number reijuisite for entitling the Province to a Member shall l^e disregarded ; but a fractional part exceeding one-half of that number shall be ecpiivalent to the whole number : (4) On any such re-adjustment the number of Members for a Province shall not be reduced unless the proportion which the number of the population of the Province bore to the number of the aggi'egate population of Canada at the then last preceding re-adjustment of the number of Members for the Province is ascertained at the then latest census to be diminished by one-twentietli part or upwards : Such re-adjustment shall not take eflect until the (:5) (5) termination of the then existing Parliament. •-1 i Increase of ,52. The number of Members of the House of Commons may House of' ''^ from time to time increased by the Parliament of Canada, Comniou.s. provided the proportionate lepresentation of the Provinces prescribed by this Act is not thereby distui'bed. Mutiey Votes; liui/nl Asse7it. Appro- r).3. Bills for appropriating any part of the Public Pevenue, priation » . . . •,,,,.. . , ,. au.l Tax ^r tor nnposmg any tax or impost, shall originate in the House of Bills. Commons. year One subseciupiit ices sliall be 1' suc'li time, (les, suljject Sixty-five r Pi'ovinces the same ascertained 3rs, to be appointed by the Lieutenant-Gover-
nor 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 oiHce for the term of his life, unless the Legisla-
ture of Quebec otherwise provides under the provisions of this Act.

73. The qualifications of the Legislative Councillors of
Quebec shall be the same as those of the Sraiators for Quebec.

7i. The place of a Legislative Councillor of Qucljec shall
become vacant in the cases, mutalis mutandis, in which the place
of Senator becomes vacant.

Vacancies. 75. When a vacancy happens in the Legislative Council of
Quebec by resignation, death, or otherwise, the Lieutenant-
Governor in the Queen’s name, by Instrument under the Great
Seal of Quebec, shall appoint a fit and qualified person to fill the

76. If any question arises respecting the qualification of a
Legislative Councillor of Quebec, or a vacany in the Legislative
Council of Quebec, the same shall be heard and determined by
the Legislative Council.

as to


[I \

nsistiiig of

3 composed
he Eiglity-
ulc to this

nsisting of

oniposed of
•eat Seal of
le Tweuty-
refori’cd to,
ho Lcgisla-
of this Act.

incillors of

ucljoc sliall
ii the place

Council of

the Great
I to fill the

cation of a
3rniined by


77. The Lieutenant rrovernor may from time to time, by
Tiistrument under the (Jre.at .Seal of Quebec, appoint a IMeiiiber
of the Legislative Council of Quebec to be Sj)eaker thereof,
and may remove him and appoint another in his stead.

78. Until the Legislature of Quebec otlierwise provides, the
presence of at least ten Members of the Legislative Council,
including the Sjieaker, shall bo necessary to constitute a meeting
for the exercise of its powers.

79. Questions arising in tlie Legislative Council of Quebec
shall be d(;cided Ijy a majority of voices, and tlit; Speaker sh.’iU in
all cases have a \-oto, and wlien the voices are eijual, the decision
shall be deemed to be in the negative.

80. The Legislative Assembly of Quebec shall be composed
of Sixty-live jMembcn’s, to Ije elected to rejiresent the Sixty-fi\-e
Electoral Divisions or Districts of Lower Canada in tliis Act
referred to, sulyect to Jilteration thereof by the Legislature of
Quebec : Provided tliat it shall not be lawful to present to the
Lieutenant-Governor of Quebec for assent any Bill for altei-ing
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 tlie Legislative As-
sembly -with the concurrence of the majority of the ]Meinbers
representing all those Electoral Divisions or Districts, and the
assent shall not bo given to such Bill unless an address has been
presented by the Legislative Assendjly to the Lieutenant-Gover-
nor stating that it has been so passed.


8L The Legislatures of Ontario and Quebec respectively First Sos-
shall be called together not later than six months after tiie ‘

Speaker of


of Lo^’is-



Voting hi


of Quebec.



82. Tiie Lieutenant-Governor of Ontario and of Quebec Summon-
shall, from time to time, in the Queen’s name, by Instrument •”]^^”jy,,*^*”
under the Great Seal of the Province, summon and call together Assembly,
the Legislative Assembly of the Province.

83. Until the Legislature of Ontario or of Quebec otherwise Eestric-

provides, a person accepting or holding in Ontario or in Quebec ””^” “”

any office, commission or employment, jjornianent or temporary, holders of


i ■’!

f ‘■

( i

I i

nnce of



at tlio iionuiifitioii of tlio Lioutenant-Governor, to Avliidi an
annual salaiy, or any fee, allowance, oinnliuncnt, or profit of any
kind or amount Avliatovcr from the I’rovinco is attached, .shall
not Ijo (■lij,’iltlo as a McMubor of tho Logislativo Assembly of the
respective Province, nor shall he sit or veto as such ; but uothinj,’
in this Section shall make inelij,dble any person beinj,’ a ^lember
of tlie Executive Council of the respective Provinces, or lioldin;!,’
any of the followin,!,’ Otlices, that is to say : — the Otlices of
Attorney-General, Secretary and Ref,’istrar of tho Province,
Treasurer of tho Province, Conunissioner of Crown Lands, and
Connnissioner of Aj^’riculture and Public Works, and in Quebec
Solicitor-General, or shall disqualify liim to sit or vote in the
ITouso for which he is elected, provid(!d lio is elected while
holding such OHice.

81. Until the Legislatures of Ontario and Quebec respec-
tively 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. — tho qualifications and distiuali-
fications of persons to be elected or to sit or ^•ote as ^lembers of
the Assembly of Canada, tho qualifications or disqu/ilifications of
voters, the oaths to be taken by voters, the Returning Officers,
their powers and duties, the proceedings at Elections, tho pei’iods
during which such Elections may be continued, and the trial
of controverted Elections and tho proc(;edini;s incident thereto,
the vacating of the seats of IMembers and the issuing and execu-
tion of new Writs in case of seats vacated otherwise than by
dissolution, shall respectively apply to Elections of iMembers to
serve in the respective Legislative Assemblies of Ontario and

Provided that until the Legislature of Ontario otherwi.se pro-
vides, at any Election for a Member of the Legislative Assembly
of Ontario for the District of Algoma, in addition to persons
qualified by the law of the Province of Canada to vote, every
male Briti.sh Subject, aged Twenty-one years or upwards, being a
liouseholder shall have a vote.

Duration 85. Every Legi.slative Assembly of Ontario and every Legis-

tivu As-^ ‘^” l'”^*!^’*^ Assembly of Quebec shall continue for Four Years from the

Bemblies. day of the return of the Writs for choosing the same (subject

nevertheless to either the Legislative Assembly of Ontario or the


wliicli fin
ifit of any
L’licd, sliJiU
il)ly of tlio
ut notliiii^
a ]Monil)fi’
or lioklinr,’
Onicos of
iands, and
in Quel 100
ite in tlin
:tod while

loc rcspcc-
)n are in

1 disquali-
cinbors of
cations of
5 Officors,
lio periods

tlio trial
t thereto,
nd ex(!cu-
) than by
embers to
tario and

rwise pro-
)te, every
i, being a

ry Legis-

f roni the


io or the

Legislative Assembly of Quebec Ixung sooner dissolv(>d by the
Lieutcnant-Clovernor of the Province), and no longer.

SO. There shall bo a Session of the Legislatui’e of Ontario Yoaily
and of that of Quebec once at least in every year, so that twelves ‘^’.’t**””?
niontiis shall not intervene between the last sitting of the Lcgis- latmo.
lature in each Province in one Session and its first sitting in the
next Session.

87. The following provisions of this Act respecting the Speaker,
IIouso of {‘ommons of Canada sliail exten».*’ “f

… , ‘ .1 Logisla-

provisions of this Act, continue as it exists at the Union until tares of

altered under the authority of this Act; and the House of JJ”^’!’

Assembly of New Brunswick existing at the passing of this Act and New

shall, unless sooner dissolved, continue for the period for which it l^l'””**-

, , ‘^ wick.

was elected.


89. Each of the Lieutenant-Governors of Ontario, Quebec, First
and Nova Scotia, shall cause Writs to be issued for the tii’st I^^’^ctions.
Election of Members of the Legislative Assembly thereof in
such form and by such person as ho thinks tit, and iit such time
and addressed to such lleturning Ollicer as the Governor General
directs, and so that the lirst Election of JM(!mber of Assembly for
any Electoral District or any sub-division thereof shall be held at
the same time and at the same places as the Election for a
Member to serve in the House of Commons of Canada for that
Electoral District.



■’ ■•




1 i




•2 9 (I


G. 77//; /’Y>^,7.’ I’ROVI.VCI’JS.

tioii to
turos of
votuH, itc.

tivc Au-
thority of
iiiciit of

90. Tlio followini,’ jji-ovisioiis of iliis Act n’spoetiii^’ tli(^
Parliiimont of Ciumdu, iifiincly, — tlic jn’osisioiis I’datiiij; to iip-
propriiition iind tax l>ills, tlu^ rofoiiinit’iKlatioii of money votes,
tlio assent to IJills, tlio disallowance! of Aets, and tho si^’nillcation
of pleasuro on Bills reserved, — shall extend and ajiply to the
Legislatures of the several Provinces as if those provisions were
here re-enacted and made applicable in terms to the respective
Provinces and the Legislatures thereof, with the sulistitution of
tho Lieutenant-Governor of tho Province for tho CSovernor-
Oeneral, of tho Governor-Cleneral for the t^ueen and for a Secre-
tary of State, of one year for two years, and of the Pio\ ince fm-

VL Distribution ok Legi.slativk Poweus.

PoiriD’s of the Porliamod.

9L It shall he lawful for the Queen, by and with the advice;
and consent of tho Senate and Tlouse 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 of the Provinces;
and for greater certainty, but not so as to restrict the generality
of the foregoing terms of this Section, it is hereby declared that
(notwithstanding anything in this Act) the exclusive Legislative
Authoi’ity of the Parlianumt of Ciinada extends to all matters
coming within the classes of subjects next hereinafter enumerated,
that is to say : —

L Tho 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 borrowing 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 tho Salaries and Allow-
ances of Civil and other Officers of the Government of
Canada :

9. Beacons, Buoys, Lighthouses, and Sable Island :
10. Navigation and Shipping :



ipoctiii^’ tli(!
atiiig to iip-
iioiicy votes,
I>|’ly to the;
visions wore
10 I’csjtoctivc
).stitutioii of
) Ciovornor-
for a Soci-o-
Provincc for


1 tlio advicc!
) iii;ik(! laws

ill relation
ects by this

Proviiices ;
🙂 fjcnorality
»clarccl tliat

all matters

f Taxation:

once :

and Allow-

crnnient of


11. Qimrantine nnd (lie cstahliHlinieiit and tiiaintenancn of
IMiirino Hospitals :

12. Sea Coast and Inland I’islierics :

13. Ferries between a I’rovinee and any I’ritisli or Forei^’n
Country or between two Provinces :

It. fiincney and Coinage :

1″). F.anking, Incorporation of Danlcs, and the issue of Paper

]\I(jney :
10. Sa\ings Hanks :

17. Weights ami Measures :

18. Bills of Exchange and Promissory Notes :

19. Interest:

20. Legal Tender :

21. Baidiruptey and Insolvency :

22. Patents of Invention and Discovery :
2.1. Copyriglits :

21. Indians, and Lands reserved for the Indians :
2;”). Natur.’ilization and Aliens :

26. Marriage and Divorce :

27. The Criminal Law, except the constitution of Courts of
Criminal Jui’isdictioii, but including the Pi’oceduro in
Criminal matters :

28. The Establishment, Maintenance, and Man.agement of
Penitentiaries :

29. Such classes of subjects as are expressly excepted in the
enumeration of the classes of subjects by this Act
assigned exclusively to the Legislatures of the Pro\inces.

And any matter coming within any of the classes of subjects
enumerated in this Section shall n(jt be deemed to come within
the class of matters of a local or pri\ate nature comprised in the
enumeration of the classes of subjects by this Act assigned
exclusively to the Legislatures of the Provinces.

Exclusive Fotvei’s of Provincial Legislatures.

92. In each Province the Legislature «iiay exclusively ,md l)y

the general

;e of two or

cial objects:

;e, including
Lion of Pro-
lose Courts :
penalty, or
le Province

made in relation to any matter coming withiii any of the
classes of subjects enumerated in tliis Section :
IG, OcTierally all matters of a merely local or private nature
in the Province.


93. In and for each Province the Legislature may exclusively
make laws in relation to education, subject and according to the
following provisions :

1. Nothing in any such law shall prejudicially afloct any
right or privilege with respect to Denominational Schools
which any class of persons have by law in tlie Province at
the L^nion :

2. All the powers, privil(>gps, and duties at the Union by law
conferred aiid imposed in Upper Canada on the separate
Schools and School Trustees of the Queen’s lloman
Catholic Subjects shall bo and the same are hereby ex-
tended to the Dissentient Schools of the Queen’s Protestant
and Roman Catholic Subjects in Quebec :

3. Where in any Province a system of sep;i”ato or Dissentient
Schools exists by law at the Union or is thereafter
estaljlished by the Legislature of the Province, an appeal
siiall lie to the Governor-General in Council from any act
or decision of any Proviiicial authority aU’ecting any
right or privilege of the Protestant or Eom.an Catholic
minority of the Queen’s Subjects in relation to Education;

4. In case any such Provincial law as from time to time
seems to the Governor-(ieneral in Council reipiisite for the
due execution of the provisions of this Section is not made,
or in case any decision of tiie Governor-General in Council
on any appeal under this Section is not duly executed by
the proper Provincial authority in that beiialf, then and
in every such case, and as far only as the circumstances
of each case recjuire, the Parliament of Canada mav make
remedial laws for the due execution of the provisions of
this Section and of any decision of the Governor-General
in Council under this Section.

tion re-

‘ .



ii \




tidii for
ty of liaws
in tliroo

300 Al’l’ENDlX.

Uid/ormltij of Laws in Ontario, Nova Scotia, and New

94. Notwitli.staufling anything,’ in tliis Act, tlie Parliainont
of Canada may luako provision for tlie uniformity of all or .iny of
tlic laws I’olative to property and civil rights in Ontario, Nova
Scotia and New Brunswick, and of the procedure of all or any of
the Courts in those three Provinces, and from and after the
passing of any Act in that behalf, the power of the Parliament of
Canada to make laws in relation to .any matter comprised in any
such Act shall, notwithstanding anything in this Act, be un-
restricted ; but any Act of the Parliament of Canada making
provision for such uniformity shall not have effect in any Province
unless and until it is adopted and enacted as law l)y the
Legislature thereof.

Aijriculture and Immiijration.

Concur- O-“‘- T’^ each Province the Legislature may make laws in

ront pow- relation to Agriculture in the Province, and to Imnn’gration into

CIS ot Ll>{;- ,_ . ,.., ,, ,-r-.

islationrc- the Provnice ; and it is lierel)y declared tliat the Parliament of

sptetinj; Canada may from time to time make laws in relation to

tuie iSl’c. Agriculture in all or any of the Provinces, and to Immigration

into all or any of the Provinces ; and any law of the Legislature

of a Province relative to Agriculture or to Immigration shall

liave effect in and for the Province as long and as far only as

it is not repugnant to any Act of the Parliament of Canada.

VII. Judicature.

OG. The (Jovernor-Gencral shall appoint the Judges of the
Superior, District, and County Courts in each Province, except
those of the Courts of Probate in Nova Scotia and New

Ill ‘lit of

Selection 97. Lentil the laws relative to property and civil rights in

of .Iii(lt,’os Ontario, Nova Scotia and New Brunswick, and the procedure of

niOntuno, .,-,-.. i -c .it,

gration shall
i far only as


udges of the
v’ince, except
!a and New

vil riglits in
procedure of
lie Judges of

[ be selected


99. Tlic Judges of the Superior Courts shall hold otllcc
during good behaviour, Ijut sliall be removable liy the Governor-
General on address of the Senate and House of Commons.

100. Tlio salaries, allowances, and pensions of tlie Judges of
tlie Superior, District, and County Courts (except the Courts of
Probate in Nova Scotia and Now lirunswick), and of the
Admiralty Courts in cases where the Judges thereof are for the
time lieiiig paid by salary, shall bo fixed and provided hy the
Parlianient of Canada.

101. The Parliament of Canada may, notwithstanding any-
thing in this Act, from time to time, provide for the constitution,
maintenance, and organization of a (Jciieral Court of Appeal for
Canada, and for the establishment of any additional Courts for
the better administration of the Laws of Canada.

VI n. Reven^ues; Dkbts ; Asskts ; Taxatiox.

102. All Duties and Revenues over which the respective
Legislatures of Canada, Nova Scotia, and New Brunswick before
and at tlie Union had and have power of appropriation, except
such portions tliereof as are by this Act reserved to the respecti\e
Legishiturcs of the Provinces, or are raised by them in accordance
with the special powers conferred on them by this Act, shall form
one Consolidated Pvevenuo Fund, to be appropriated for tlie
public service of Canada in the manner and subject to the charges
in this Act provided.

103. The Consolidated Revenue Fund of Canada shall be
permanently charged with the costs, charges, and expenses
incident to the collection, management, and receipt tiiei’eof, and
the same shall form tlu3 lirst charge thereon, suliject to be
reviewed and audited in such manner as sliall be orderc’d by the
Governor-General in Council until the Parliament otherwise

Tenure of


otlice of


Jlulj^’CS of




etc., of


Court of

of Con-

of colloc-
tiou, &o.





101. The annual interest of the public dcsbts of the several Intcrnst of

cnue Debts.

Pro\inces of Canada, No\a Scotia, and New Brunswick at th

iiion shall form tlie second cliarge on the Consolidated Rcvi

Fund of Canada.

105. Unless altered l)y the Parliament of Canada, tlie salary

housand Pounds sterlinij

of the Governor-General shall be Ten

Salary of

/ I




money of the United Kingdom of Great Britain and I’-eland,
payable out of tlie Consolidated Revenue Fund of Canada, and
the same shall form the third charge thereon,

Appropri- lOG. Subject to the scvei’al payments by this Act charged on

j*,’°”^^’°”Hhe Consolidated Revenue Fund of Canada, the same shall be
time. appropriated by the Parliament of Canada for the public service.

of stocks,

107. All Stocks, Bankers’ Balances, and Securities for money
belonging to each Province at the time of the Union, except as in
this Act mentioned, shall be the property of Canada, and shall be
taken in reduction of the amount of the respective debts of the
Provinces at the Union.

108. The Public Works and Property of each Province,
enumerated in the Third Schedule to this Act, shall be the

of pro-
perty in
Bcliedule. property of Canada

in Lands,
Mines, &c

with Pro-

Canada to
be liable
for Pro-

Debts of

Assets of

109. All Lands, Mines, INIinerals, and Royalties belonging to
the several Provinces of Canada, Nova Scotia, and New Bruns-
wick at the Union, and all sums then due or payable for such
Lands, Mines, Minerals, or Royalties, shall belong to the several
Provinces of Ontario, Quebec, Nova Scotia, and ^^ew Brunswick
in which the same are situate or arise, subject to any trusts
existing in respect thereof, and to any interest other than that of
the Province in the same.

110. All Assets connected with such portions of the Public
Debt of each Province as are assumed by that Province shall
belong to that Province.

111. Canada shall be liable for the Debts and Liabilities of
each Province existing at the Union.

112. Ontario and Quebec conjointly shall be liable to Canada
for the amount (if any) by which the debt of the Province of
Canada exceeds at the Union Sixty-two million live hundred
tliousand Dollars, and shall be charged with interest at the rate of
five per centum per annum tliereon.

113. The Assets enumerated in the Fourth Schedule to this
Act, belonging at the Union to the Province of Canada shall be
the property of Ontario and Quebec conjointly,


and T ••eland,
Canada, and

ct charged on
anie shall bo
ihlio service.

ies for money
I, except as in
, and shall l)o
1 debts of the

cli Province,
shall be the

; belonging to
New Uruns-
ablo for such
o the several
w Brunswick
o any trusts
• than that of

of the Public
rovince shall

Liabilities of

blc to Canada
) Province of
five hundred
at the rate of

ledule to this
nada shall be


lU. Nova Scotia shall be liable to Canada for the amount Debt of
(if any) by whicli its public debt exceeds at the Union Eight ^'””’}
million Dollars, and shall be charged with interest at the rate” of ^”‘^””
five per centum per annum thereon.

115. New Brunswick shall be liable to Canada for the Debt of
amount (if any) Ijy which its public debt exceeds at the Union J^J.^^^^
Seven million Dollars, and shall be charged with interest at the wick!’^’
rate of five per centum per annum thereon.

11 G. In case the pul>lic debts of Nova Scotia and New raymcnt
Brunswick do not at the Union amount to Eight million and °^” ll’^”””””
Seven million Dollars resi^ectively, they sliall respectively receive, SY’oti.’iand
by half-yearly payments in advance from the Government of i^'”””‘
l.an.ul.i, interest at five per centum per annum on the dillerence wick,
between the actual amounts of their respective debts and such
stipulated amounts.

117. The several Provinces shall retain all their resiiective Provincial
public property not otherwise disposed of in this Act, subject to ^.’^^”””t .
the right of Canada to assume any lands or public property
required for Fortitications or for the Defence of the Country.

118. The following sums shall l)e paid yearly by Canada to Grants to
the several Provinces for the suppoit of their Governments and ^”^oviucas.
Legislatures : —


Ontario Eighty Thousand.

Quebec Seventy Thousand.

Nova Scotia Sixty Thousand.

New Brunswick Fifty Thousand.

Two Hundred and Sixty Thousand ;
and an annual grant in aid of each Province shall be made, equal
to Eighty Cents per head of the population as ascertained by the
census of One thousand eight hundred and sixty-one, and in the
case of Nova Scotia and New Brunswick, by each subsequent
decennial census until tlie population of each of those two Pro-
vinces amounts to Four hundred thousand souls, at whicli rate
such grant shall thereafter remain. Such grants shall be in full
settlement of all future demands on Canada., and shall be paid
half-yearly in advance to each Province ; but the Government of
Canada shall deduct from such grants, as against any Province,

‘ 1

11 ‘


– ■ * ‘J i




I y



Grant to

Form of

tures, &e.

ance of
and Excise

tion ixnil
tion us bo-
twcin two

Dues in
New Brun-

all sums ch.’irgcable as interest on the public debt of that Province
in excess of tlie several amounts stipulated in this Act.

119. New Brunswick shall receive by half-yearly payments
in advance from Canada for the period of ten years from the
Union an additional allowance of Sixty-three thousand Dollars
ytcr annum; but as long as the public debt of tiiat Province
remains under Seven million Dollars, a deduction ecpial to the
interest at five per centum per annum on such deficiency sliall be
made from that allowance of Sixty-three thousand Dollars.

120. All payments to be made under this Act, or in dis-
charge of liabilities created under any Act of the Provinces of
Canada, Nova Scotia, and New ]^)runswick resjiectively, and
assumed by Canada, shall, until the Parliament of Canada other-
wise directs, be made in such form and manner as may from time
to time be ordered by the Governor-General in Council.

121. All articles of the growth, produce, or manufacture of
any one of the 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,
suliject 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 merchandizes in any two Provinces, those
goods, wares, and merchandizes may, from 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 tlie Province of

12-1. Nothing in this Act shall affect 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

tion of

I’ublic Province shall be liable to taxation
Lauds, ite.

125. No Lands or Property belonging to Canada or any

lat Province


y payments
I’s from the
md Dollars
,t Province
(^ual to the
iicy shall be

, or in clis-
‘rovinces of
;tively, and
mada other-
y from time

lufacturo of
! Union, bo

ovince shall,
force until

leviable on
•inces, those

the Union,
her of them
ereon in the
tlier amount

Province of

lit of New
pter Fifteen
‘unswick, or
ion, and not
)f any of the
)ject to such

ada or any

Trri’: uiiiTrsTi NonTii amkrtca act. I8r.7.

no 5

120. Such portions of the Duties and Revenues over which I’r,,vincial
the respective Le,i,Mslatures of Canada, Xnva Scotia, and Xew ( “”^”li-
I’.ruiiswick iiad before the Union jiow.’r of apj.ropriation as are SuLw
by this Act reserved to tlie respective ( iovcinments or Leyis- ^'”‘”^•
latures of tlie Provinces, and all Duties and Revenues raised by
tliein in accordance with the special i>owers conferred upon tliein
by this Act, shall in each Province form one Consolidated
Peveinie Fund to l)e appropriated for the Piililic Service of the

TX. Misckll,\nm;ois Puovi,sio.\.s.

127. If any person hcing, at the passing of this Act, a As to
]\rember of the Legislative Council of Canada, Nova Scotia, oi’ r^CKisla-
New Brunswick, to whom a jiljice in the Sen.ate is oflered, does cillors’oT”
not within tiiirty days thereaftei-, In- writing under his hand l^’ovinccs
addressed to the Governoi–(;eiieial of the Proxince of Canada, or SHm’t!!i”i!
to the Lieutenant-Governor of Nova Scotia or Xew IJrnnswiL-k

(as the case may be), accept the same, he shall be deemed to have
declined the same; and any person who, lieing at the passing of
this Act a Member of tiie Legislative Council of Xova Scotia or
New Brunswick, accepts a place in the Senate shall tliereby
\acate his Seat in such Legislative Council.

128. Every :\reniber of the Senate or House of Commons of Oatli of
Canada shall, l)efore taking his Scat tlierein, take and sul)scribe -^”‘^n’-
before the Governor-General or some person authorized by him, ”””””””■
and every Member of a Legislative Council or Legislati\e As-
sembly of any Province sliali, liefore taking his Se.at therein, take

and subscribe bfjfoi’e the Lieutcnant-{Jo\ernor of the Pi’ovince or
some person authoi’ized by him, the ( hith of Allegiance contained
in the Fifth Schedule to this Act; and every :\rend)er of tlio
Senate of Canada aiul every :Meiid)er of the Legislati\e Cmuifil
of Quebec shall also, Ix’fo’-e taking his Seat tiierein, take and
subscribe befor<> the (Miscrnor-Gcucral or some jierson .-luthoiizcd
by him, the Dechiration of (j>iialiflcation conlaincd in the same

129. Except as otherwise proxided In- this Act, ;ill La.Ns in anie ol””

force in Canada, Xo\a Scoti;i, or X”ew Brunswick at the Union, ‘”xisting

and all Courts of CAvi] aiul Criminal Jurisdiction, and all legal Courts,

>[ OA Ollieers,

-” ]ioiiit-

llllllt of


(t)lU’ll( c.

of Execu-




tion of

137. The woids “and tVoni thciicc tii tlic end of the linn
“next ensuing Session of tlie |je:,’islatinc.” or words to the s.iinc
ellect, used in any tenijioraiy Act of the Province of Canada not
ex[)ired before tiie l7nion, shall l)e construed to extend and .’ipply
to the next Session of tiie Pailianient of Canada, if tlie suliject
matter of the Act is w ithiu the jiowcrs of the same, as detincii li\
this Act, oi’ to the next Sessions of tlie Lei,dsla lures of <)ntarioaii(l (^)uel)('c resjiectiveiy, if the suliject matter of the Act is within tiie powers of tlio same as delined by tliis Act. i;58. From and after tiio Union tliouscof the words "Upper Canada" instead of "Ontario," or "Lower Canada" instead of "Quei)ec," in any Deed, Writ, Process, Pieadini,', Document, Matter, or Thing, sliall not invalidate the same. I'M. Any Proclamation under the Creat Seal of the Pro\ iiice of Canada issued before the Union to take eli'ect at a tinii' which is subsecjuent to tin; Union, whether relating to that I'rovince, or to Upper Canada, or to Lower Canada, and the .several matters and things thei'ein ])roclaimed shall lie and continue of like foicc and ellbct as if l!ie Union ii;ul not been made. 140. Any Proclamation which is authorized by any Act of the Legislature of the Province of Canada to Ije issued under the Great Seal of the Province of Canada, whether I'elating to that Province, or to Cpper Canada, or to Lower Canada and which is not issued before the Union, may be issued by the Lieutenant- Governor of Ontario or of Quebec, as its subject matter i'e([uires, under the Great Seal thereof; and from and after the issue of such Proclamation the same and the .several matters a!id things therein proclaimed .shall be and continue of the like force and efl'ect in Ontario or Queljec as if the L^nion Ii;id not been made. Penitcn- 141. The Penitentiary of the Province of Canada shall, until ^*'^' the Parlianu'ut of Canada otiierwiso provides, lie and continue the Penitentiary of (Ontario and of Quebec. As to errors in namcH, Ah to issue of I'rocla- nmtions licfiiro Union, to comnicnco (ifter Union. As to issue of Procla- mations after Union. Arbitra tion rc- 142. The division and acijustment of th(i I)el)ts, Credits, sccctluK Liabilities, Properties, and Assets of Upper Canada and Lower Debts, &c. Canada shall be referred to the arbitrament of three arbiti'ator.s, one chosen by the Goverinnent of Outai'io, one by the Govern.iient of Quebec, and one by the '^iovernnient of Canada; and the TiiK I'.iiiTisii Noirrii AMKiacA ACT. lyii? ;{00 of tlic thru 1(1 t lie sainr ( 'aii.'i(l,'i iiiit 1(1 Jiiid .'iliply till' siilijcct IS flcliiicd li\ ( )nt.;ii-i() jiiiil Lct is within 5rcls "Uppor " iu.stoad of , Dot'iiiiicnt, the Pi'oviiR'c I tiiiii' which I'lovincc, Ml' eral inattoi's fif lik<' foi'i'c • any Act of 'd iiiidcr tlio ting to that uid whicli is Lieutenant- tcr re([iiiivs, the issue of i and tilings if. force and jeen made. a shall, until nd continui- )ts, Credits, and Lower arbiti'ators, (iovernuient a; and the aeloction of the ai'l.itrators shall not he made until the Parliament of Canada, and the Legislatures of Ontario and Quehco have met ; and the arhitratoi' eliosen hy the (lovernmcnt of ( 'anaila shall not he a resident eithei' in Ontario or in <,>ucliec.

I 1.”). ‘l’he(ioveino’-(ieneral in C!ouncil may from time to time |)i\isi,,iiof
order that such and so many of the records, hooks, and documents ^’i-cords.
of the Province of Canada as he thinks lit shall he appropriated
and delivered cither to Ontario or to (^)iiel)cc, and the same shall
thenceforth he the pi’operty of that Province; and any copy
thereof or extract therefrom, duly cei’tilied hy the Ollicer having
charge of the original thereof, shall l)e admitted ;is evidence.

144. The !.i(‘Utciiant-(io\(‘inor of (^)uel)cc may from time to Con.stitu-

time, hy Pioclamation under the Oreat Seal of the Pi-o\ince, to *'”” “^
i- 1 a- 1. £ 1,1 -,11. . ,., townsliips

take etlect trom a day to he appointed therein, constitute Town- in (Quebec

ships in these parts of tlu- Province of Quehec in which Town-

.ships ai’e not then already constituted, and fix the metes and

bounds thereof.

Duty of

< ioVflll- inciit and rarliii- iiicnt ol' Cuniidii to make lail- way liiTi in ilcsciiLiL'il. X. InTKUCOLONIAL Ik.MI.W.VY. 1 1"). Tnasmuch as the Pi'()\inces of Canada. Xo\a Scotia, and New JJrunswick have joined in a declaration that the construction of the Intercolonial IJailway is e.,sential to the consolidation of the Union of iJritish Xoith .America, and to the assent thereto of Nova Scotia and New i'.i'unswiek, and have conse(pU'ntly agreed that provision should he made for its immediate construction hy the Covernment of Canada : Therefore, in order to give eflect to that agreement, it shall he the duty of the Covernment and Parliament of Canada to provide for the commencement, within Six Months after the Union, of a Railway connecting the liiver St Lawrence with the City of Halifax in Nova Scotia, and for the construction thereof without intf.'rmission, and the completion thereof with all practieahle speed. XI. Admission- of 0Titi;u Coloxiks. 14G. It shall he lawful for the Queen, hy and with the I'ower to advice of Uvv :Majesty's :\Iost ilonourahle Privy Council, on xl'u'founa. Addresses from the Houses of the Parliament of Canada, and jancl, Ac, from the Houses of the respective Legislatures of the Colonies Un"on"^ or Provinces of Newfoundland, Prince Edward Island, and V) 'I .310 APPENDIX. I:, II ' ■, * ::^ \ ■ I' As to IL'- l)ruHCiitiv- tioi) of Newfound' land and Trincc Edward Island in Senate. British Ooluiiiliiii, to admit those Colonies or I'rovinccs, or any of them, into tlie Union, imd on Addinss from tiio Houses of the Parliament of Canada to admit IJnpert's Land and the North- Western Territory, or either runswick in the Senate shall, as
vacancies occur, be reduced from Twelve to Ten Members re-
spectively, and the representiition 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 Tiirec or Six
additional Senators under the direction of the Queen.


The First Sciikdule.

Electoral Districts of Ontario,

The Second Schedule.

Electoral Districts of Quebec specially Jixed,


Tin; lUMTisii NoiiTii A>ri:ui( A AiT, 1807. ;in

nups, OP liny
Housos of
(I the Nortli-
ioii, on siu’li
ulijcct to tlio
or in Council
acted by tlu;
iind Jreliind.

and Prince
ntitled to ii
enib(>r.s, iind
le admission
ii’S shall be
ty-two ; but
jenied to be
hich Canada
ided by this
ice Edward
5 representa-
at(> shall, as
lenibers re-
e Provinces
)t under the
hree or Six


TlIK TinilD ScHKDl’LE.

Provincldl Public Works >iud Proporty to be the Pt’operly of


1. Canals, with lands and water power oonnocted therewith.

2. Pul)Iir Harliours.

15. Li,!,’litliousos and Piers, and Sal)l(; Island.

4. Htcanilinats, Dredges, and Piililic V’esbels.

5. Riv(>rs and Lake Improvements.

0. Railways and liailway Stocks, ^[ortf,’ages, and other

l)(‘l)ts due by Railway Companies,

Military Roads.

Custom IJouses, Post OHices, and all other Public Ruild-

ings, except such as the Covernment of Canada appropriate

for the use of the Provincial Legislatures and Covern-

9. Pro] ‘rty transferred by the Imperial Government, and

known as Ordnance Property.
10. Armouries, Di’ill Sheds, Military Clothing, and Munitions

of War, and Lands set apart for general Public Purposes.



Assets to be the Properly of Ontario (ind (jtuhec roijoitit/i/,


TiiK Fifth Sciieuulk.

Oath of Alle5



held in free and Common Socage [or seised or possessed for my own
use and benefit of Lands or Tenements lield in Franc-alleu or in
Rotiire (as the case inaij he.^\ in the Province of Nova .Scotia [o/*
us till’, case niai/ br^ of the valvie of Four Thousand Dollar.-: over
and above all Rents, Dues, Del)t.s, Mortgai^’e^, (‘iiarges, and I:’-
cundjrancos due oi’ payable out of or cliargcnl on oi’ ad’ecting the
same, and that I have not collusisely oi’ colouralily oljtained a
title to or becouK; possessed of the said Lands ;ind Tenements, or
any part thereof, for the purpose of enabling me to become a
]M(‘ml)er of the Senate of Canada [or as //i>; aisc inay lir^ and that
my lical and Personal Property are together worth Foui-
Thousand Dollars over and above my Debts and Lial)ilities.


I for my own
.c-;ill(m or in
k’a Scotia [or
Dollar: over
,'(‘s, and I:!-
atrccting the
r obtained a
Ejuenients, or
to become a
bii\, and that
u’orth Four


Order in Counx’H. uxteu 1G Jla//, 1871.

1. Canafhi shall be liable tor the debts and liabilities of
British Columbia existing at the time of the rninn.

l’. Hritish Cohnnbia not iiaving incurred debts (Mjual to those
of the otlier Provinces now constituting the J)ominion, shall 1«>
entitled to receive, by Iialf-yearly payments, in advance, from the
(Jeneral Covernment, interest at tiie rate of five per cent, per
annum on the ditl’erence between the actual amount of its
indebtedness at the date of tlie Union and the indebtedness per
liead of the population of Nova Hcotia and Xew Hrunswick (l’7-77
dollars), t!ie population of British Columbia being taken at

3. The following sums siiall l;e paid by Canada to British
Columbia for the support of its Covernment and Legislature, to
wit, an annual subsidy of .”JOjOoO dollars, and an annual grant
c(jual to 80 cents per head of the said poi)ulation of 00,000, lioth
half-yearly in advance ; such grant of 80 cents ])er liead to be
augmented in proportion to the incre.-ise of population, as nury l)e
sliown by eacii suljsequent decennial census, until tiie population
amounts to 100,000, at which rate sucii grant siiall thereafter
remain, it being understood that the lirst ceusu.s be taken in the
year 1881.

1. The Dominifiii v.ill pnnide an ellicient mail .service,
fortnightly, l)y steam coiiiiiiunication, Ijetween Victuria and San
Francisco, and twice a week between Victoria and Olvmpia : the
vessels to be adapted for the conveyance of freight and

“). Canada will assume and defray the cliarges for tiie
following services :

A. Salary of the Lieutenant-Governor ;

B, Salaries and allowances of th(! Judges of the Superior
Courts and the Coun*^y or District Courts ;




‘ {

i I


p.. ■ ‘-




It,”. : ■ -•



C. The charges in respect to the Department of Customs ;

D. The Postal and Telegraphn Services ;

E. Protection and encouragement of Fisheries ;

F. Provision for the Militia ;

Gr. Lighthouses, Buoys, and J3eacons, Shipwrecked crews.
Quarantine and Marine Hospitals, including a Marine
Hospital at Victoria ;
H. The Geological Survey ;
I. The Penitentiary.

And such further charges as may be incident to and connected
with the services which, by the ” British North America Act of
1867,” appertain to the General Government, and as are or may
be allowed to the other Provinces.

6. Suitable pensions, such as shall be approved of by Her
Majesty’s Government, shall be provided by the Government of
the Dominion for those of Her Majesty’s servants in the Colony
whose position and emoluments derived therefrom would be
affected by political changes on the admission of Britisli Columbia
into the Dominion of Canada.

7. It is agreed that the existing Customs Tariff and Excise
Duties shall continue in force in British Columbia until the
Railway from the Pacific Coast and the system of Railways in
Canada are connected, unless the Legislature of British Columbia
should sooner decide to accept the tariff and excise laws of Canada.
Wlien customs and excise duties are, at the time of tlie union of
British Columbia with Canada, leviable on any goods, wares, or
merchandizes in British Columbia, or in the otlier Provinces of
the Dominion, those goods, wares, and merchandizes may from
and after the Union, be imported into British Columbia from the
Provinces now composing the Dominion, or fi’om either of tliose
Provinces into Britisli Columbia, on proof of payment of tlie
customs or excise duties leviable thereon in the Province of
exportation, and on payment of sucli furtlier amount (if any) of
customs or excise duties as are leviable thereon in tiie Province of
importation. This arrangement to have no force or eH’ect after
the assimilation of the tariff and excise duties of British Columbia
with those of the Dominion.

8. British Columbin shall be entitled to be represented in
the Senate by three members, and by six members in the House


3oked crews,
ig a Marine

id connected
lerica Act of
s are or may

1 of by Her
vernment of
1 the Colony
1 would be
ish Columbia

f and Excise
ia until the
Railways in
sli Columbia
s of Canada,
tiie union of
tls, wares, or
Provinces of
s may from
bia from the
;lier of those
iiient of the
Province of
it (if any) of
! Province of
• eH’ect after
sh Columbia

presented in
11 the House


of Commons. The representation to l)e increased under the
provisions of the ” British Nor.li America Act, 18G7.”

I). The influence of the Dominion Covernment will be used
to secure tlie continued maintenance of the Naval Station at

10. The provisions of the “British North America Act, 1867,”
shall (except those parts thereof which are in terms made, or by
reasonable intendment may lie held to be specially applicable to
and only affect one and not the whole of the Provinces now
comprising the Dominion, and except so far as the same may be
varied by this Minute) be applicable to British Columbia, in the
same way and to tlie like extent as they apply to the other
Provinces of the Dominion, and as if the Colony of British
Columbia had been one of the Provinces originally united by the
said Act.

11. The Covernment of the Dominion undertake to secure
the commencement simultaneously, within two years from the date
of Union, of the construction of a Railway from the Pacific
towards the Rocky Mountip’ns, and from such point as may be
selected, east of the Rocky Mountains, towards the Pacific, to
connect the seaboard of British Columbia with the railway
system of Canada ; and further, to secure the completion of such
Railway within ten years from the date of the union.

And the Government of British Columbia agree to convey to
the Dominion Government, in trust, to be appropriated in sucii
manner as the Dominion Government may deem advisable in
furtherance of the construction of tlv said Railway, a similar
extent of public lands along the line oi Railway, throughout its
entire length in British Columliia, not to exceed, however.
Twenty (:]0) miles on each side of said line, as may be appro-
priated for the same purpose by the Dominion Government from
the public lands in the North-west Territori(!S and the Province
of Manitoba. Provided, that the cjuantity of land which may be
held under pre-emption right or by Crown grant within the limits
of the tract of land in British Columbia to be so conveyed to the
Dominion Government shall be made good to the Dominion from
contiguous public lands; and, provided further, tliat until the
commencement, within two years as aforesaid from the date of
the union, of the construction of tlie said Railway, the Govern-






1 h

‘<: .'i m\ ;«i^ ? I ii ■I! 816 Al'l'KXDIX. nieiit of Britisli Columbia shall not sell oi' alienate any furtlier portions of the public lauds of British Coliunbia in any other way than under right of pre eiiijition, re(|uiring actual residence of tlic prc-euiptor on the land claimed l>y him. In consideiation of tin-
land to be so conveyed in aid of the construction of the said
Railway, the Dominion Government agree to pay to British
Columbia, from the date of tlic union, the sum of 100,000 Dollars
per annum, in half-yearly payments in advance.

12. The Dominion Government shall guarantee the interest
fcr ten years fi’om the date; of the com])letiou of the worlcs, at the
rate of tive per centum per annum, on such sum, not exceeding
c£ 100,000 sterling, as may be required for the construction of a
tirst class Graving Dock at Esquimalt.

13. The charge of the Indians, and the trusteeship and
management of the lands reserved for their use and benefit, shall
be assumed by the Dominion Government, and a policy as libei’al
as that hitherto pursued by the British Columbia Government
shall be continued by the Donuniou Government after the union.

To carry out such policy, tracts of land of such extent as it
has hitherto been the practice of the Bi’itish Columbia Govern-
ment to appropi’iate for that purpose, shall from time to time be
conveyed by the Local Government to the Dominion Government
in trust for the u.se and beueiit of the Indians, on application of
the Dominion Government ; and in case of disagreement between
the two Governments respecting the quantity of such tracts
of land to be so granted, the matter shall be referred for the
decision of the Secretary of State for the Colonies.

14. The constitution of the Executive Authority and of the
Legislature of British Columbia shall, subject to the provisions of
the “British North America Act, 18G7,” continue as existing at
the time of the union until altered under the authority of the
said Act, it being at the same time understood that the Go^■ern-
ment of the Dominion will readily consent to the introduction of
Responsible Government when desired by the inhalntants of
British Columbia, and it being likewise understood that it is the
intention of tlie Governor of British Columbia, under the authority
of the .Secretary of State for the Colonies, to amend the existing
constitution of the Legislature by providing that a majority of its
members shall be elective.



‘. any furtlioi’
uy other way
;id(‘iiee of tlic
ration of tlir
L of tlie said
y to l>riti.sli
),000 Dollars

the interest
works, at the
ot exceedin-,’
;ruction of a

steeship and
benefit, shall
icy as liberal

^r the union.

extent as it
iibia (“overn-
e to time Ije

pplication of
lent between

such tracts
rred for the

y and of the
provisions of
i existing at
lority of the
the Govern-
roduction of
laljitants of
liat it is the
he authority
the existing’
ajority of its


The union siiall take effect according to the foregoing terms
and conditions on such i .y ^s Her ]\rajesty by and with the
advice of Her Most Honoural)le Pi-ivy Council may appoint on
Addresses from the Legislatur(> of the Colony of Jb’itish Columbia
and of the Houses of Parliament of Canada, in tiie terms of the
14Gth Section of the “British North America Act, 1807,^’ and
Ilritish Columbia may in its Address specify the Electoral Dis-
tricts for which the first election of members to serve in the
House of Commons shall take place.





f. ‘1

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1’^ ■•””


‘ ■ I


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1 ]■’




^ ‘



Ohdku in Council dated 2(ith ,hine. 1S7J.

1. Canada sliall be liable for the debts and lit.bilities of
Prince Edward Island at the time of the Union.

2. Tiiat in consideration of the larger expenditure authorized
by tiie Parliament of Canada for the construction of railways and
canals and in view of the possibility of a re-adjustment of the
financial arrangements Ijetween Canada and tlie several provinces
now embraced in the Dominion as well as the isolated and excep-
tional condition of Prince Edward Island that Colony shall on
entering tiie Union be entitled to incur a debt e({ual to 50 dollars
per head of its population as shown by tlie census returns of 1S71
that is to say -^,701,050 dollars.

3. That Prince Edward Island not lia\ing incurred debts
equal to the sum mentioned in the next preceding resolution shall
be entitled to receive by half-yearly payments in advance from tiic
general government interest at the rate of five per cent, per annum
on the difference from time to time between the actual amount of
its indebtedness and the amount of indebtedness authorized as
aforesaid, viz. 4,701,050 dollars.

4. That Prince Edward Island shall be liable to Canada for
the amount (if any) by which its public debt and liabilities at the
date of the Union may exceed 4,701,050 dollars and shall be
chargeable with interest at the rate of {i\’e per cent, per annum.

5. That as the Government of Prince Edward Island holds
no lands from the Crown, and consequently enjoys no revenue
from that source for tho construction and maintenance of local
works the Dominion Government shall pay by half-yearly instal-
ments in advance to tlie Government of Prince Edward Island
45,000 dollars per annum less interest at five per cent, per annum



liE.bilities of

re authoinzed
railways and
tnient of tlie
sral provinces
sd and excep-
iony shall on
to 50 dollars
turns of 1871

curred debts
solution shall
ance from the
it. per annum
lal amount of
;iuthorized as

,0 Canada for
bilities at the
and shall be
per annum.

. Island holds
s no I’evenue
ance of local
yearly instal-
l^\■ard Island
it. per annum


upon any sum not exceeding 800,000 dollars which the Dominion
Government may advance to the Prince Edward Island tJovern-
ment for the purchase of lands now held Ijy large proprietoi-s.

0. Tiiat in consideration of the tran.sfer to the Parliament of
Canada of the powers of taxation the following sums shall be paid
yeai’ly by Canada to I’rince Edward Island for the support of its
Government and Legislature that is to say 30,000 dollars and an
annual grant equal to 80 cents per head of its population as
shown by the census returns of 1871, viz. 94,021, both by half-
yearly payments in advance— such grant of eighty cents per head
to be auguiented in proportion to the increase of i)opulation of the
Island as m.iy be shown by each suljsetpient decennial census
until tlie population amounts to 400,000 at which rate such grant
shall remain it being understood that the next census shall be
taken in the year 1881.

7. That the Dominion Government shall assume and defray
all the cliarges for the following service.s, viz.

The salary of the Lieutenant-Governor.

The salaries of the Judges of the .Superior Court and the
District or County Courts when estaljlished.

Tlie charges in I’espect of the ]-)epartnient of Customs.

The Postal Department.

The pi-otection of hsheries.

The provision for the ]Militia.

The lighthouses, shipwrecked ci’ews, Quarantine and :Marine

The geological survey.

The Penitentiary.

Efficient steam service for the conveyance of mails and pas-
sengers to be established and maintained between the Island and
the mainland of the Dominion winter and summer, thus {)lacin(>-
the Island in continuous communication witli the intercolonial
railway and the railway system of the Dominion.

The maintainance of telograpliic communication between tlie
Island and the mainland of the Dominion.

And such other charges as may be incident to and connected
with the services Avhich by the B. N. A. Act 1867 ai)pertain to
the General Government and as are or may be allowed to the
other provinces.





I ■ p



,’ \


‘ . .

S. Tlifit tlid lU’w building in wliicli ;iri’ held tlio Law Cuurts,
Uoffistry OfHcoitc, shall be ti-ansfcrrcd to Canndu on tlic ]iaynifiit
of (i9,0()0 dollars. ‘J’lic purchaso to include the land on which (!ic
bnildinLC now stands and a suitalili’ siiacc of ui’ound in addiliin
foi’ yard room &c.

That tho Steam Di’cduo Doat in course of constructioTi shall lie
taken by the Dominion at a cost not exceodinj^ “J’J.OOO dollars.

That the Steam Ferry I’.oat owned by tho Government of the
Island and used as such shall remain the property of the Island.

9. That the population of Prince Edward I.sland having been
increased by 15,000 or upwards since the year 18GI the Island shall
J)e represented in the House of Connnons of Canada by six
mendiers; tho representation to be adjusted from time to time
under the provi.sions of the B. N. A. Act ISHT.

10. That the constitution of the e.xecutive authority and of the
Legislature of Prince Edward Island shall, subject to the pro-
visions of the ]>. N. A. Act 18G7, continue as at the time of the
Union until altered under the autlioi’ity of the said Act and the
House of Assembly of Prince Edward Island existing at the
date of the Union shall unless sooner dissohed continue foi’ the
period for which it was elected.

11. That the provisions in the 15. X. A. Act ISG? shall,
except tho.se jiarts thereof which are in terms made or by I’easoii-
able intendment may bo held to be espc’cially apjjlicable to and
only to ail’ect one and not the whole of the provinces now compi’is-
ing the Dominion and except so far as the same may be varied
])y these resolutions 1)0 applicable to Prince Edward Island in the
same way and to the same extent as they sipply to the other
Provinces of the Dominion and as if the Colony of Prince
Edward Island had been one of the Provinces originally united
by the said Act,

12. That the Union shall take place on such day as Her
Majesty may direct by Order in Council on addresses to that
effect from the Houses of the Parliament of Canada and of the
Legislature of the Colony of Prince Edward Island under the
UGth section of the B. N. A. Act 18G7 and that the Electoral
Districts for which, the time within which and the laws and
provisions undei- which the tirst election of meud)ers to serve in
the House of Connnons of Canada for such Electoral Districts


L.’vw Courts,

(lie ]i;iyiiii’iit

111 w liicli (he

in aildilii’ii

stioii sliall lie
Island shall
lada by six
ime to time

;y and of tlio
to tlio pro-
time of till’
Vet and the
till,!,’ at the
inne foi’ the

1SG7 .shall,
I’ by reason –
jable to and
low compris-
ay be varied
-slaud in tlu;
;o the otiier
Y of Prinee
inally united


shall be such as the said |[ouse „f the Le^nsljiture .,f ‘„e said
colony of Prince Edwai’d fsland shall speeify in their said

In the addrosscis from Prinee Edward Island it was stipulated
that, the Island should be divided into three distriets eaeh re-
turnim; two niembei-s and

“that tiie l.st election of nnMubers to .serve in the House of
Commons of Canada shall take phiee within thive ealemhir
months after this [sland shall be admitted and lieeome p;irt of
the Dominion of Canada and that all laws wliieh at the datc! of
the Order in (V.uneil by which the .said Island of Prinee
P:dw.rd .shall be admitted into the l)(.niinion of Canada, relatiiii,’
to the <|Ualitication of any person to lu- elected to sit oi \nte as a nieml)...' of the Ifou.se of Assembly „f the said FsLand, and relatin-j to the qualitications or dis(|uaIifieations of voters and to the oaths to be taken by voters and to returning olticers and poll clerks and theii' powers and duties, and relating to polling divisions within the said Island, and relating to the piweedings ..rt elections and to the jieriod during Avhich such elections may be continued, and relating to the trial of controverted election's and the pro- ceedings incident tJiereto, and relating to the vacating of seats of members and to the execution of new writs in case of any .seat being vacated otherwi.se by a di.s.solution, and all other iiiatter.s connected with or incidental to elections of members to serve in the House of Assemlily of the said Island sluill apply to elections of members to .serve in the Hou.se of Commons for the Electoral Districts, situate in the said Isl.uul of Prince Ed\Mird." 1 : • day as Her sses to that . and of the 1 under the he Electoral le laws and to serve in I'al Districts M. 21 J 1 ' h'.ilriifts fvoni Order in Cninicil, dated 'i-t June, INTO, sarrenderivg the Nortli-We.sf Territories of {'(tuiulii. "It is li('i("])y ordered iiiid declared l)y irer M!ij<>sty hy iiml
witli the iidvice of the Privy C’miiicil in |iiirsiiaMce and exercise nt’
i\n\ powei’S vested in ITcr Majesty Ity the said Acts of Parliament’
that from and aftei’ the IHtli day of July, 1S70, the siiid Nortii-
Western Territory siiall lie admitted into and l)ecom(^ part of the
Dominion of < 'anada iijion the terms and conditions set forth in the (irst hereinliefore recited address" and that tht! Parliami-nt of Canada sliall hav(< fi'om the day aforesaid full powei' and autiiority to legislate for the future welfare and ^'ood j,'oveniment of \\\v, said Territory. And it is further ordered that without ]>rejudice to any ohli Rations ai’isiui,’ from the aforesaid approved
repoi’t, Rupert’s liand sliall fiom and after tl(> said date be
admitted into and hecome part of the huminion of Canada.”

The conditions contained in the Address from the Parliament
of CaTiada reffarding the North-Wcst Teiaitoi-y weic ; —

“That the Covrnniont and Parliament of Canada would
provide that the legal rights of any corporation, company or in-
dividual within the same should bo respected and placed undei’
tlie protection of courts of competent jurisdiction.”

“That the claims of the Indian tribes to compensation foi’ lands
required for purpo.scs of settlement should be considered and
settled in confornn’ty with the (Mjuitable principles that had
unifoi’mly governed the Pjritish (!rown in its dealing with tin;

The conditions relating to lUipert’s Land were : — –

1. “Canada to pay the Hudson’s P.ay Company jE^OO.OOO
when Rupert’s Land is transferred to the Dominion.”

“2. ” The Company are to retain the j)f)sts they actually occupy
in the North-West Teiritoiy and may witliin twelve months of

1 1.0. li. \. A. Act, lsr.7: Fuipcrfs biind Act, 18(i8.
– i.e. tVoiii Hk; Canadian rurliuuK nt.



fitne, 1.^70,


ijcsty liy nii’l
nd oxorcisc of
f PiirliiuiK-nt’

10 said Noi’tli
\0 \r,U’t of till’
IS set fnrtli in
lit! rjirliaiiK’iit

11 powci’ iind
)d f^ovonuiic’ut

tlijit witli .u1
■said fip|iri)vcd

said diitfi 1)1′
iu^ Pat’liaiiiciit
■e : —

‘aiiada would
ompaiiy or in-
placed under

at ion for lands

onsidered and

)les that liad

linif with the

any £300,000

utually occupy
Ivc uiontlis of

tlie surrender select a l)locl< of land adjoinin.i,' each of its posts witliin any part of I?ritish Nortli America not comprised in Canada and IJritish Columhia in conformity except as rc^'ards thy expenses not exceeding eiglit cents (Canadian an
acrt;. The Company may (h’fei- the exercise of their’ right of
claiming the proportion of each townshij) for not more than ten
years after it is .set out: but their claim must be limited to an
allotment from the lands remaiiung unsold at the timt! they
declare their intention to make it.”

fi. ” I’^or the purposes of the last article, the i’ertile belt is
to be bounded as follows — On the South by the United States
boundary : on thi^ West by the Rocky ^fountains : on tin* North
by the northern branch of the Saskatchewan : on the Kast by
Lake Wiiniipeg, the Lake of the woods and the waters connecting

7. ” Tf any township .shall be formed abutting on the north
bank of the northern branch of the Saskatchewan River the
Company may take their one twentieth of any such township
which for the purposes of this article shall not extend more than



i I


‘ \


i! i

s f*



tisc mill’s inl;iii(l tVoin tlir river, ^ivin<{ to iIm- (/'aniuliiiii I >i)iiiiiiii)ii
nil (‘(iiiul (|iuiiiMty ‘if till’ |iiirti(iii of laiuls (•oiiiiiif,’ to tliciii of
towiisliips cstdlilislKMl (Hi the soiitlicrii Imiik.”

8. ” III Iiiyiii;,’ out any jHililic rouds, cimils, iVc, tlir(Hii,’li iiiiy
liiock of iiiiKJ st’ciiifd to tilt’ ( ‘oiiiiniiiy tlic (‘fiiiiKJiaii (lovriiiiiicnt
iiiiiy (like svitlioiit roinpcnsjit ion siicli IhimI us is ncccssiiry for the
piirjioso not oxcccdiiij,’ one twenty liftli of tlic total acrea;,’!’ of llir
l)l(K’k : Imt if the Caiiaditiii (lovcriiiiH-nt r(M|iiirf any land which
is (ictuully built upon or which is necessary for f,dvin<,' the ( 'oiii]iaiiy's servants aceoss to uiiy i'i\<'r tir lake, or as a frniita;,'e to any river or lake, they sliall [lay to tin- Coiiipaiiy the fair' value of the same and shall make compensation for any injury done to the (yompany or tlieir servants." '.). " It is understood that the whole of the land to lie appro priated within the meaning,' of the last jireceding clause shall he appropriated for public purposes." It). "All titles to land up to the «tli March, ISGO, conferred by the Company are to Ik; coiitirmed." 11. "The Company is to be at liberty to carry on its trade without liindraiu'c in its corjiorate capacity and no exceptional tax is to 1h; jilacod on the Oiiiipany's land, trade or s(;r\ants nor any import duty on goods introduced by them i>revious to the

12. “Canada is to take over the materials of the electric
telegraph at cost price—such jirice including transport but not
including interest for money and subject to a deduction fur
ascertained deterioration.”

13. “The Company’s claim to land under agreement of Messrs
VankvughiK^t and llojikins is to be withdrawn.”

14. “Any claims of Indians to comjienstition for lands
reipiired for the purposes of setthaiient shall be disposed of by the
Canadian Covernment in connection with the Imperial Coverii-
lueiit and the Company shall ln^ relieved of all respoiisiliility in
r(!spect of them.”

n^ to fliciii (if

‘., tlii(Hii,’li iiiiy
111 (lovciniiiciit

‘l!(‘S8!ll’y for’ tlir
.•icrcfij^c of tlir
my IuihI wliich
‘or j,’iviii,i; (lie
‘ as a fi’oii1;i;,'(‘
‘ the fair \aliii’
injury done to

1(1 to lie /i|ipio
I’laiisf shall lie

!^G9, confoi’i’cd

•y on its trade
no <'xc('])tioiial ir s(M'\ants nor rcsioiis to the :ii tlio elccti'ii' isport Imt not (U'duetion for iicnt of Messrs ion for lands posed of by tlie perial (Jcnciii sponsihility in .'5 1 and .'I.') \'ir, (i) c. I'S. All Acf irs/icctiiii/ t/ic estahlislniii'iit af Pni' iiircs in (lie 1 hunt II id II. of ('(1 11(1(1(1. [•IWJhiii', JNTI.) WllKUKAS doiihts lia\(' Keen enteft.'iineil lesiieet in;; llie powers of tlie Tai'lianient of Oanada t(^ eslalilish Provinces in territories admitted, or wliieli may hereafter he adnutted, into the Dominion of Oanada, and to jirovide for the representation of .>ueli J’ro\ inces
in th(! said I’arliainent, and it is exiiedient to remove such doiil)ts
and to vest such po\vei-s in the said Parliament :

I5(! it enacted hy tin- t^iieen’s Most lOxcellent Majesty, hy and
with the advice and consent of tin; Lords spiritual and temporal,
and Commons, in this present rarliament assendiled and l)v the
authority of tin; same, as follows : —

1. This Act may he cited for all purposes as “The l!ritisli
North America Act |S71. ”

2. Th(( Parliament of Canada may from tiuK? to time establish
new Provinces in any territories forming,’ for the tinn; bein,^ part
of the Donnnion of Canada, but not included in any Trovince
thereof, and may, at th(^ timt^ of such estal)lishment, make
l)rovision for the constitution and administration of any such
Province and for the passinj,’ of laws for the peace, ordei’ and good
government of such Pi’ovince, aiul for its n!i)resentation in the
said I’arliament.

.”). The Parliament of Canada may from time to time, with the
consent of the Legislature of any Province of the said Dominion
increase, dinunish or otherwise alter the linuts of such Province
upon such terms and conditions as may h(\ agreed to by the said
Legislature, and may with the like consent make i)rovisiou
respecting tlie effect and operation of any such increase or
diminution or alteration of tei’ritory in relation to ;iny Province
afl’ected thereby.



iiu’nt of
may estab-
lish new
and jiro-
vidi; foi-
the coiisti-
tiitiou, ttc.

of limits of


H ‘

f«, il

> I

t-.’, . .



Al i’i;M>l\.


iiiunl of II-

Canada ^- ‘ ‘”‘ I’lirluuiit’iit ot (,’;iii;i(l;i may fioii) tiiiic to time make

may Ic^is- ni^ovision tnr tlit; administration, iieaco, ordor and “‘ood ”ovcrnment
late lor ‘ . . … .

any tcni- <'t" any tcrritoiy not for the time hcin^' included in any l?i'o\inee. tory not inclucU'tl in a I'roviiicp. Cunliiina- tion of Acts of I'aiHa- nicnt ol' Ciuiaila .{•2 it ;{;{ Vict. (Can- adian) c. li, •.iH Vict, (('aua- dian) c. 3. '). Tlie following,' Acts passed l)y the sai\iiK'(‘.

‘.irliaiiH’iit of

iipert’s Land
united witli

(1 .S;} Vict. c.


I’ctuiil for all
■ rospectivcly

‘^ Act it shall
to alter the
■liainent in .so
ny otlier Act
liuion sul)ject
; of i\laiiitol)a
■ospocting till’
ive Assembly
()\ ince.”

:is and :’.;) Vic. (i) c. ;;s.

.1// Act to remove doubts with rrspect to the puiccrs of the
Parliament of Canada under section IS of the liritish
Nortlb America Act 1SG7.

[1!) ,hd;j, ISTo.J

WiiKUK.vs hy section 18 of the. I’.ritish Xorth Ani-iica Act 1SG7
it is pi’ovidcd as follows :

“The privileges, inmiunities and powers to lie held, enjuyeil and
exeivised l)y the Senate and liy the House nf (‘onininns and liy
the inenil)ers thereof respectively, shall \n\ such as are fioni time
to tinu! defined hy Act of the Parliament of Canada, hut so that
the .same shall never e.xceed those at the jiassing of this Act lielil,
enjoyed and exercised l)y the Coannons House of Parliament of
the United Kingdom of (iieat Britain and Ireland and i)y the,
nu’iidiers thereof.”

And whereas doubts have arisen with regard to the })ower of
di’lining by an Act of the Parliament of (Janada in pui’suance of
the said section, the said ]iri\ili’ges, [)owers or inmnmities : a:i(l it
is expedient to remove such doubts :

J!e it therefore enacted by the Queen’s >! , i i’]\ce|lent
Maj(>sty, by and v ith the advice and consent of the Lords spiritual
and Cmporal and t’onunons in tiiis pn-sent Parliament assend)ie(l,
and i)y the authority of the same as follows ; —

I. Si’ction eighteen of the r.ritish Ndrili America Act |X(17
is hereby repealed, without prejudice to anything dune undei-tliat
section, and the following seciion shall be substituted foi’ the
stsction so repealed.

The privilege.s, innuunities a.ad poweis {d be held, ( nioved and
exeivised by the Senate and by the linuse of Connndiis and by
tli(! n\eml)ei’s thereof respectively, shall lie sucii as are fi’oni time to
time (h’lined by Act of tin’ Parliament of (‘anada, but so that any
Act of the ParlianuMit of (Janada debning such jirivileges, innnuni-


:!0& 31
Vic. 0. ‘,i.


ticill 111’
new si’C-

tinii for
Hcftion lis

of :u).t :;i

\ ic. V .!.


u il < -'328 AlM'ENDrX. , 1 1 '1 , K Confiriiia- tinn of Act y Pari ill –
incut t)f
(‘lunula for
‘jition of
tori itorv.

\Viii:1!I;as it is exiiedient to empower the I’arli.inient of (.’aiiada
to provide foi’ the representation in the Senate i nd Hou.se of
Commons of (Canada, oi’ eitiier of tliem, of ;iny tcrrit;)iy which
for tlie time being forms part of the homininn oi Cinitda but
is not included in any Province :

r>e it therefoi’e enacted by tlie (.^hic’ii’s Most Excellent
Majesty, liy and with the ad\ic(N’Ui(i consent oi tli(> Loicls spiritual
fuid tem})oriil and Commons in this pi’.’sent Parliament assembled,
and by the authority of the same as foil iws : —

I. Tilt’ Parliament of Canada may from time to time mak”
provision for the repr(!seiitation in the Senate and Hou.se of
Commons of Canada or in either of them of any tei’ritories which
for the time being form j)art of the Doiniuiou of Canada but are
not included in any Province..

iiiimuiitics or
held, (Mijoycd
iiient of tli(!
iuid by tli(!

■d in the .”51 si
■2i, intituled
ininistcM’od in
Parlianioiit ”
1 as from the
)y tlie Govpc-

it of Canada

vUament (,f
being fortn
included in


t of Canada
d House of
litoiy wliicli
Cmada liut

t Exfi’llcnt
ixls s])iritiial
t assendjled,

49 AND 50 vie. (‘. 35.


:-‘. Any Act passed by the rarli;iniont of Canada before the
l)assing of this Act for the purpose mentioned in this Act shall if

VMwi of
Acta of
inont of

c. 3.

not disallowed Ijy the Queen be and shall be deemed to have been
valid and eireetuai from tlu; date at which it received the assent
in Her Majesty’s name of the Governor-Genenil of Canada.

It is hereljy declared that any Act passed by tli(^ Parliament
of Canada wliether before or after the passing of this Act for the
{•urposes nuaitioned in this Act or in the B. N. A. Act 1871 has :iKt35Vic
••llect notwithstanding anything in the B. N. A. Act I8G7 and the
number of Senators or the number of .AIend)ers of the irousc, of
Commons .specified in the last mentioned Act is increased by the
ninid)erof Senators or of Members as the case may bo provided
by any such Act of tho Parliament of Canada for the repre.senta-
tioji f any provinces or territories of Canada.

3. This Act may b<- , ited as the I'.ritisli North Ann-rica Act Sliorttitle. 1«8(). This Act and tlu* British North Americji, Act 18()7 and the i "itish North America Act 1S71 shall be construed together and may be cited as the British North America Acts 18C7 to 188G i ■j,;^ ' time mak'- I House of :ories which ada but are I i ''^:' \ f' Drait ^JV Lkptkus-Patknt piisscd under tln^ Crcsit Seal of tlu'. United Kingdom, constituting the OIUcc ot" (iovenior- GcniTJiI of tlu; J)oniinion of ('(OKida. Letters PalenI, | I>nt(‘d ^)Ui Or/obrr, 1S7S. j

Victoria, l)y tl’ ; (liiicc of (lod, of die rnitcd Kin,!,'(loni of (hr.nt
Jiritnia eneral
in and over Oui’ sa.id Domiiuon of Canada, without n.aking ni’.v
Letters-Patent on e.acli demise of the said OtUce : Now know ye
that ^\ e ha\’e revoked ami deternnned, and by these pr(>sen(s do






oFncK OF (;()Vi;i!Ni)i;-(;i:Ni;i{AL.


Seal of till!
t’ (Jovcnior-

oiii of (irent
itl), Eiiipi’css
ic, Circctiiin; ;

or tlic (Jrvat
rtlcuid, licar-
[ay, 187-_’, in
appoint Our
I Councillor,
Most ]Ilus-
)f Qui’ Most

Jl’OHS of ()UV

:!■ d’cori/i’), to

1 of (Ja)i(iif(i
hy the I’Jtli
■tain powers,
sted in tlie
nal-‘iii!’ ellii’c-
cnoi -General
n.aking nvx
o\Y Ivnow yo
presents (!()

revoke and deterniine, the said recited ijctters-Patiuit of tin;
‘l\v(Mity-sec()nd day of May, 1S7l’, and every clause, article and
tiling,’ tlierijin contained: And further know ye that We, of our
special grace, certain knowledi,’e and mere motion, have thought
lit to constitute, ordei’, and declare, and do liy these presents
constitute, ord; r, and declai’e that theiv shall Ix^ a Oovernor-
granted, l)y Us in ( »ur
name or under Our authority.

i !^




w ‘





i. !




V. And We do t’lirtlicr (lutlioi’i/c; and cnqiowcr (Hir siiid
(iovcnior-CiciKM’ul to exercise ;ill ))o\vei’s Inwfiilly l)eloii<,'iiii,' to Us ill i-es}iect of tlie suiiiuioiiintr, l»roroguiug, ov dissolving,' tlie Paf- lifuuoiit of Our said Dominion. V^I. And wliereas l)y "Tiie Jirilixli NortJi A/acrira Aet, 18G7," it is aiiionL,'st other tliini^'s enacted, that it shall hv, lawful for Us, if We think tit, to authori/.c; the Governoi'-(«(Miei'al of Our Dominion of Cauddd to appoint any nei-son or jKM'sons, jointly or severally, to Ije his Deputy oi' Deputies within any part or parts of Our said Dominion, and in that capacity to exercise, during tiie pleasure of our said Oovernoi--0eneral, such of tlie powers, authorities and functions of Our said Governor- General as he may deem it necessary or expedient to assign to such Deputy or Deputies, sulject to any limitations or directions from time to time expressed or given by Us : Now We do herel)y authorize and empower (Jur said Governor-General, subject to such limitations and directions as aforesaid, to a})point any person or persons, jointly or s(!verally, to be his Deputy or Depu- ties within any part or parts of Our said Dominion of Citnuda, and in that cajiacity to exercise, during his pleasure, such of his powers, functions and authorities, as he may deem it necessary or expedient to assign to him or tliem : Provided always, that tlie appointment of such a Deputy or Deputies shall not allect the ex(!rcise of any such power, aulhoiity or function by Our said (iovernor-G<3neral in person. VII. And We tlo hereby declare Our pleasure to be that, in the event of the deatii, incapacity, removal or absence of Our .said Governor-Genfi'dl out of ( >ur said Dominion, .all and every
the powers and authorities herein granted to liini sii.ill, until our
t’urther plea.sure is signitie^i therein, be vested in such person as
uuiy U’ appointe«i by Us under Our Sign .Manual and Signet to
be Our Lieutennut-Governor of Our said Doiiiinion ; or if there
.shall be no such Lieutenant-Governor in Our said Dominion,
tlifn ill sucii j)ersoii or persons as may be appoinl>’il by Us under
Oar Sigu-Manual and Signet tu administer the Governm> nt of
the saiui’ ; and in case there shall ^v no peisoii I’l jursons \\i(liiii
Our siiid Dominion so ai)). linird b\ Us, then in ilie Senior Otiicer
for the time being in conniiand of Our regular tr^»s in Our s.aid
Dominion : Proviiled that no sui i powers or authoriti. >liall




OFFTCK OF (;OVKI{\()r{-(;E\EK.\r..


y mil’ siiiil
giiii,’ to lis
L’ tli(> Tar-

lericn At:t,
1 lie lawful
(“cucrii! of
)!’ jxTsons,
kvitliiu any
capacity to
lU’i-al, such


■) assi^fii to
‘ directions
)\v Wo do
I’al, subject
[Jpoiut any
y or L)(.’i)u-

Of CdVJuld,

such of his
cccssary or
ways, that
not allcct
in l)v Our

Ix’ that, ill
ice of Our

and every
1, until our

person as
1 iSiirnet to
or if there
■ Us under
■rniihiit of
ons widiiii
lior Officer
M Our said
I’itii .-,hall


vest in such i.ieutonant-Goveriior, oi’ such other person or
persons, until h.. or they shall liave taken the oaths appointed to
he taken l)y the ( iovernor-CJeneral of Our said Dominion, and in
the manner provided hy the instructions accompany in.i,’ these Our

VTII. And \V(^ do hereby reiiuire and coinniand all Our
Otlicers and .Ministers, Civil and .Military, and all other the
inhaliitaiits of Our said Dominion, to Ih- olx’dicnt, aidini,’ and
assistin,!;- unto our said d these Our Letters to l)e
made Patent. Witness Ourself at Westminster, the fifth day of
October, in the I’^orty-second Year of Our Ueiy Warrant under the (^Jueen’s Si:,’n-Maiiual.


! f

■:<' Dhaft ok TxHTHUCTroxs ]i/iss('(l undrf the Itnyiil Sii.'nM!imiiil and Sii,ni('t to tin; Oovcfiior-dcncral of tlic |)(jiiiiiiioii (if Canddd: Dated ')th Ortuhcr, 1S7S. vwroiiiA W. Tiistructions to our Govt'nioi'dcncral in and over on f Dominion of Canfidii, (If, in liis absence, to Our liieuteniint-Ciovci'noi' (H' tli(^ f)lVu;i'r f(ir the tiint; In-ini;- adMiinisterinn' tlie (lov(Mnnien( (if Our said I)(iniinion. Given at Our Court at IUiIukhiiI. tliis I^'iftli day of Oetoiier, 1H7S, in the I'^orty-socond year of Oui' l!eii,'n. Whereas by certain Lettei's- Patent bejiring even date here- with. We liave constituted, ordered and declared that there shall b(^ a Go\-ernor-fien(>ral (hereinafter call((l Oui’ said (io\ern(ir-
Genei’al) in and {)\vv Our J)(‘ininion of rr^/zr/t/rt (liereinafter called
Our said Dominion), And we haxc thei’eby authorized and
conunanded ()nr said ( Jovernor-(iener;il to do and execute in due
manner all thint, and accdrding to such
Tnsti’uctions as may from time to tina* l)e giv(>n to him, under
Our Sign-]\Ianual and Signet, or by Our Order in Our Privy-
Council, or by Us through One of Our Princijial Secretaries of
State, and to such Laws as are or sludl hei’eaftei- b(> in force in
Our said Dominion. Now, therefore, We do, l)y tiiese Our
Insti’uctions under Our Sign-Manual and Signet, declan; Our
pleasure! to be, that Our said (Jovernoi-tieneral foi- tla^ time
being shall, with all due solenniity, cause our Connnission, under
Our Sign-]M.’iiiual and Signet, appointing Our said Goxcrnoi-



our Dominion
it-Uovcrnor or
(lOvei’imuMit of

iiy of Oftohoi’,

vcn (late licrc-
liat there sliall
laid (>()\eriior-

inufter called
iitliori/.ed and

xeeute in due
ii land, and to
sev(>ral ]io\vers
ue of the said

issued to him
•din<^ to sueh to iiim, under in Our Privy Secretaiies of 1)(> in foreo in
l»y tiiese Our
t, dei’lare Oni’
for the time
mission, undei’

lid Goveruor-

(tl’IMCK <»r (ioVKKNoircKNKKAI,. ']^5 (Jeneral for the time lieini;, to he read and jiuhlislied in the ]>r(‘sonee of the (‘hief .histiee foi- the time hcinij, or other .ludtfe
of the Supreme (‘ourt of Our said l)oniinioii, and of the meml)ers
of the Privy (“ouncil in Our said Dondnion : And we do furthei’
declare Oui’ pleasure to he that Our said (lo\i’iiior< Jeneral, and every other otlicer appointed to a'hninister the (lovcrnment. of Our said Dominion, shall take (he Oath of Allci^daiice in the form pi'o\ ided liy an Ai't pas.sed in the Session holden in t he t hirty first and thirty-seeoiid years of Our Keiyn, intitided " An .\ct to amend the Law relatinath for the due execution of the
Oliic(M)f Our (io\(‘i’noi'(leneial in and (i\cr()ursaid hcnn’nion,
and for the due and impai’tial administ lation of justice; \\liich
Oaths th(! said (‘hief .lustice for the tinu^ hein;,’, of Our said
Dondnion, -ty, in his al seiice, or in the event of his heiujL; other-
wise; incapacitated, any Jud^e of the Supreme? Court of Our said
hominiou shall, and he is hei’chy ie(|uire(l to tender and adnnnis-
t(;r unto him or ihem.

II. And We do authorize; and re(|uire Our said (loNcrnor-
Oeueral from tinu’ to tinu’ by himself or hy any other person to
1)0 authorized by him in that behalf, to adudnister to all and to
every person or persons as ho shall think tit, who shall hold any
ollice or j)lac(! of trust or profit in Our said Dominion, the said
Oath or Allegiance, together with sueh othei- Oath in- Oaths as
may from time to time be ]irescrib(>d by any F^aws or Statutes in
that behalf made and pi’o\ided.

III. And ^\’o do re(|uir(! Oui’ said (loscniorrieneral to
connnunicate forthwith to the Privy Council for Our said
Dondnion these; Our rnstiiu’tions. and likewise all such e)thers
fi’om time; to time, as he’ shall lind e’Mn\e’nient for Our service’ te)
i)e> imparteid to the’m.

rV. C)ur saiel Covernor-Ce’neral is to take e-are’ that all laws
assented te) by him in ( )ur name’, or rese>r\e’el tor the’ signiticatiem
of Our pleasui’c tlu’re’on, shall, when transmitted by him, be
fairly abstracted in the margiri-,, aiul bei ae’ce)mpatue>d, in sue’h
cases as may seem to him lu’cessary, with such e^xplanatory
e)l)servations as may l)e’ re’e|uire’d to exhibit the’ reasons anel
eiccasions for preipe)sing sue’h Laws ; ane] he’ shall also transmit
fair e’opies of tlu’ Jdurnals and .Minute’s (jf the’ proce’celings e)f ti.o





‘J 1

i r-J.








I’lirliiuiifiil of Our siiid Doinininn, whidi he i^ to i’C(|iiiic t’loni
tlio clci’lxs, or otlicr iiropi’r olliccis in tluit licluilt’, ot’ thi’ snid

\’. And Wi’ do fnrtlii’r ••uitliori/.c iiiid cniiioucr Oui’ said
(Jovcriinr (icncral, as lie shall sec occasion, in Oiii’ name and on
Our l)(‘liaH’, wlion any crime lias Ix-cn committed for winch the
oflender may 1)»! tried within our said honiinioii, to j,’rant a
]iarilon to any accomplice, not heinj^ the actual pei’jietrator of
such crime, who shall <^i\o, such information as shall lead to the conviction of the princijial oll'en, or of any country or place beyond
the jurisdiction of the CJovernment of our said Dominion, Oui’
said (Jovernor-Oeneral .sliall, before deciding as to eitlmr pardon
or reprieve, take those interests specially into his own personal
consideration in conjunction with such advice as aforesaid.

VI. And whereas grciit prejudice may happen to Our
service and to the security of our said Dominion, by the absence
of Our said Governor-Genei-al, he shall not, upon any pretence
whatever, quit Our said Dominion without having tirst obtained
leav(! fi’om Us for , so doing under Our Sign-Manual and Signet, oi-
through one of Our Principal Secretaries of Htat(\

V. R.

‘([iiiic from
.f till’ s;ii(l


■f Our sdid
iiiic fuui on
• wliicli tlu’
to i,’i’fint ;i
•pcti’fitof (pf
Icjul to tlm
Hint to any
licforc any
loniinion, a
lis or any
jH’cndci’, for
I lit, and to
)nio du(^ and
I of a politi-
(Mnission of
wliall al)sent
r direct and
,rdon oi’ !■(‘•
apital casf!s
ion, and in
ors ; and in
rectly art’ect
ilaco Iji^yond
ninion, Our
tlier pardon
kvn personal

311 to Our
the al)sence
ny pretence
rst obtained
id Signet, or

V. R.

Dkait ok a Com m.ssio.v passed under tl,,. Iloyai SJi,.,, . M ,.,„„„ 1 ,uhI
Signet, appointing (he Kight I l.motirahl.. Ihr Mahjuis ,,f
Lome, K.T., O.C.M.CJ., to be (iover.ior Cennal nf the
Dominion of CiuKnld.

Datrdlth Octolnr, IS7S.

Virturi,,,^ by the Oraee of (Jod, of ti,e United .ingdon. of ar.nf
hntani and Ir.hn.l, Queen, Def.Mider of the Fuith I’^mpress
of India, To our Right Trusty and Weil-beloved (”oun’iilor
S.r JOHN’ l)or.a.As S.TnK.u.Axn V^y^vym^. (eonunonlv .ailed
the Manpns oiLornrY Knight of Our Most Ancient and Most
Nobh, Order of the Thistle, Knight firand Cross of Our Most
Distinguished Order of St Mkhn.J anvn. (ireetin-. •

Wk do, by this Our Commission under Our Sign-Manual and
bignet, appoint you, the said Sir Jonv noicM.vs Smn-ia vn,>
Campuku (eoMunonly called the Man.uis of Lon,,^ until 0„r
further pl,.asure shall be signilied, to be Our Covernor-i h-ueral in
and over Our Don,ini<.n of Cnuula during Our will and pleasure with all and singular the powers and authorities .-ranted to th,' (iovernor-General of Our said Dominion in Our Letter.-l'.,„.nt under the Great Seal of Our United Kingdon. of Gr^nt HriUn. and Maud constituting the ofnce of (love.nor, brarin- .lut*- at We.tMn.t,'r the Fifth day of October, 1878, in the ForW-seeoinl year of Our Reign, which said powers and autho,iti..s" W,. do hereby authorize you to exercise and perform, according to such Orders and Instructions as Our said Governor-Cei,.>ral for the
time iKMng hath already or may hereafter receive from \U Xnd
tor so doing this shall l)e your Warrant.

f A









•;miiiim im



<^ /a A o c*^ %. # «>>• :






WEBSTER, NY. 14580

(716) 872-4503





1 F. And we (In horcliy command all and singular Our oiru-crs,
Ministers, and lovinj; suhjects in Our said Dominion, and all
others whom it may concerji, to take due notice iieic-of, and
to j,’iv<' th(Mr nsady obedienct! accord ini^ly. (liven at Our Court at JUdmnml, this Seventh day of Octoher, 187^<, in the Forty-second yc^ar of Our Keii,Mi. liy Her Majesty's Connnand, M. K. IIKJKS llKACll. m m '1)5 lira?: ■««.1M ^^imnmm mmF m^ Our olFicors, linii, iiixl till licfcof, iuul V of October, liKACll. IXDKX. AlKscnce of Senator, 1 IS Ailjouniiiiiiit. of Jlousc of Connnons ll'.t Adjoiiiiuiicnt of provinciiil l.risliituic, ■I'.t Administration, Dominion : upjiointmcnt of ollicors, I'.io cxaniiniition nMinirci, I'.d ••xtvpt in crtain cases, I'jl oatli, llCi jironiotion, Iei)artments of ^tate, lll.’S
])el)Utv-lleail, I!MI, ltd

liis iluties I’.d
functions of Governor-Cfeneral, re-

uardihK. Ki.s
ollicers, how njipointed, I’.IO
Administration, Provincial, K4
a|i|iointnient of ministers, HI
control of, by Dominion, “.'(i-J
il’partnients, K”)
Crown Lands, H(i
Education, H(J
I.P’v ollii-er. »r,
I’rovincial Secretary, H(l
Provincial Treasurer, hc.
I’uMic Works. Hii
number of Executive Council, si
Administration of justice, powers re-

K’ardinf,’, 242, 2I,H
Admiralty Courts, jurisdiction of, 240
Advice of ininisterH, wlien (iovernor-

(ieiieral must follow, IH.”)
Agu of Senators, 141

AKriculture, powers of Dominion and

the iirovinces, 2″((i
Agriculture, Department of, 2(is
duties, 2()H
olliciais, 2(IS
Aliens, 2 If.
Allegiance, oath of, recpiired frnm

Senators. 14.’.
Alteration of laws existiuK at rnioii,

25 I



Auditor (Icncial, 1!ih
dutk’H, 1!)H, 2(11

Hiilliit, votiriK l>y, (I.”>, l;M
l!iiiil\iiiK. iCKiiliition of, 2’»’>
l’.iiiikrii)it(y, 217

jiiii^diction rct,’ftrilint.’. 217
iiKimin^’ (if Wind in sod inn ‘.tl. 2″>(i
nf Senator, llH
procodiiro, 2.’»2
liunks, incorponitiipn ot, 2′)’>

tfix on, 2:{7
Bills, thiw icmlinps requin-d, 7’.i, 1″>-‘
Hills of Kxcliiint-‘c, rcpniiition of, 2.”)(»
liroiicli of l’rivili'(,’o, 7it
Hi’itish Culinnl)ia:

History of lli<' rroviiico, 20 31 curly (,'ovrrnnipnt, 2',( rights of Hudson "h Buy Comimiiy, 2!» constitution, 2'.) Kovi'inor iinpointod, 30 Kovprnor Icnishitcs, HO li'gislutivt; Council appointi'd, '{0 Bont of (Jovornnu'nt, ;U union with Vancouver's Isliuid, :u Adinilted into ])oininioi), 'M Courts of Civil jurisdietinn, 1(11 of Criniiniil juiisdiction. Ids Legislative Assembly : distribution of seiits, is method of eU'clion, (it |)rivileKes, (■)7 (iuii-

nion, 11
Congress of Cnited States, coni]iaii’il

with Dominion Parliament, !•
Consolidated I’und, I’.tl), 202
Constitution, sources of law of, 10

anu’udment of, 221, 2(i.’i.
ns regards House of Commons, ‘I’M)
(iovernors, 2;-t0
Legislative Assembly, 2:il
Lei,’islative Council, 2.10
l’rivile(,’es, 2:il
Constitutional Act 17’.tl, is





nil of |)()iiiiiii(ii

itill’SSCS lilfnic,

nces and l>(iiii

its )inivisli)ns, IH
fiiiiuri! of, iH
f’diit I actors :

ilis(|iiiiliti((l siitiiiK in AKscnilily.

ilis(|Uiililii(l sittiiiR ill House of

(‘olllllKHIS, !•_”.(
caiiiint lie ni.iiilMTs of Sciiati’, I |.”i
Coiitiacts with the Kovci-miiciit. Scim-

tors, liow atTcctfil, 1 l.’i
t’opyiiKlit, 2″)5
Coniiiit I’nicticcs :

at provincial I’lcclicuis, (i.”>
(lisi|ualifv from sitting in House

of Coninions, l.’JO
iiisi|uality from siUiiiK in Provin-
cial Asscinlilics, (i2
(lisi|iialifv from voting’. 127
Coints, power to cstahlisli. 2 I. ‘5
Court for trial of Hl.rtion Tctitions,

Court of Ajipcal, power to establisii.

212, 2i:»
Court of Appeal, .s.c Supreme Court,

Court of Exche(|uer, mc Exciiccpier

Court, 21(J
Courts of Civil jurisdiction :

1. rirvincial. HH

2. Itominion, 21(1
Courts of Criniimil jurisdiction:

1. rroviiuiiil. Ids

2. |)omiiiion, U)H

Crime, conviction of Senator, 1 Im
Criminal I-aw :

J)ominioii powers, 212
powers of Congress, !l

Provincial jiowers, 212. 21:!

funelions of .\ttorney-( iiiieral, 2 1.’)

punisiiinents, 21.”t

tempi’rance laws, 211
Crown :

Coinmandiii-Cliief of militia, 210

head of Executive, 1(11

may alter seat of Koverniiient, 2t;(i

may veto Dominion Acts, 271

Senate, may add six iiiemliers to,

refused to do so in l.S7;{, 1 1;{
Currency, regulation of, ‘iiHt
Customs of I’arliameiit. 12
Customs, alteiation of laws rev’iuditij.’,

Customs, Depaitineiit of:
duties, l!)7

nliiceis. I ‘.(7

transfer to new ilepartineiit, I ‘.is

l>i |iartnieiits of State:
in the noiiiiniiwi, 1′.*.’!
.\Kriculture. 20H
Customs, l’.)7
Finaiire, I’.is
Hikdi Commissioner, 21 I
In.lian AtTairs, 2l:< Inland Ue\e||Ue. i'.M'i Interior. 1'.).") .Ju.stiee, 20i; Marine and tislieries, 2ii;t Mdilia and defence, 210 I'ost ollice, 20.") Public Piintin^' and Stationery, 101 Public works, 202 Itailways and Canals, 2((1 Secretary of State. P.l'i in the provinces. Ml I'eiiomiiiatioiial scliocds. 217 appeal to (toveiiior in Council. ICO, 1H7 Pepo.sit by Canilidates, Pfl developments of the Consti'utloil, 12 disallowance of Provincial Aet>. 171.

Acts disallowed, 2t)U
advice of ministers, 2ii0
dispute with Manitoba, 2<;2 railway Act.s, 2C.2 KisipialilicatioiiH for sittiuu in Piovin- cial Assemblies, (il, 02 of legislative Couiieillois, 71 of Members of Mouse of Ccinnions, 120 of Voters for House of Commons, 120 ;i m 342 INDKX. W'^ l»isr|iinlifioatii)lliicilf, clTcrl of, (III iliiits, 21S
noMiinioii Acts. alTcotiiij^ (.’oiisiitiilioii,

:<, II hoiiiiiiioii Ailiiiiiiistialioii, »■('(■ Atliiiiiii- stralioi,. |)iiiiiiiiioii rui'liaiiicni : (liHsoliitioii, 121 ruiM'tions of ( iov('i'iioi-( it'iii'ial, 121 i'oiiiiniiiii riu'lianunl : OiKiiiiiK, 1 '2 Coiiiinoiis, jirnt'fudiiins in, I j2 t'lirtion of Kiicakor, 112 oath of alli-'^'iaiicc, 112 iviiiliii^' liill, pro Jdiiim, 1 1 I roll of nii'inlicrs, 1 12 iScnate, jirocci'dint^s in, 112 .Spcicliof the ( lovc'iiioi (it'iic'ial, 111) uildrosR in reply to, 11") consiilcnition of, 115 I'ayincnt of iiK'iiilx'is, IIH I'rivilu^'eH, 117 (li'tiiicd liy Statute, 117 I'niroK ition, 120 elTect of, 120 (jiioniiii. 1 Hi in House uf Coniinons, llli in Senate, llli Sumnioiiiiif^, 110 on advice of I'rivy Council, 1 1 1 jiowers of (tovernor (leneral, 1 1 1 lirucUimution, fonii of, 111 Duration of Parliidiient, H i'°.iliU'atioii, 2 Hi Doniiiiion powers, 217 apjieal to I iovernor-deiieral, 217 I'roviiieial Powers, 217 I'.l'.'ction of li'^,'i^iative Couiieilloi's in Prince Ivlsvard's Island, 71 Election PetitionR, 1H7 in <'.ise of pro\iiirial ejections, ll.'i in Poniiiiicui, liow tried, lUS jurisdiction of liominion, 21") Klcctoral I'i^tricts ; in the I)nniiiiioii, 121 ill the I'lovinces, li;{ lilectors of Provincial As-enihlies, ."i.'i liiitish C'oiuniliia, lio Manitoba, -V.) cw Urunswick, '>H
lova Scotia, “(7

N. W. Territories, lio

Ontario, i”)ii

Prince I’Mwaiil’s Island, oil

(^uehec. “)7
KiiactiiiK clauses in the provinces, “)2
liiiHlish Constitution, iiilliience of, on

Canada, It
Iv.ideiici-‘ of a iiit^inhi’i s n turn, Pill
i;.\che(]Ucr Court, 21 Ii

appeals from, 217, 21~i

concurrent jiirisliction of, 217

enforcement of process of, 21’,l

exclusive jurisdiction of, 217
Kxeculive, .•.(‘(■ Administration.
I’.xecutivo Councils, Hi
Executive power, sphere of, 4
I’^xcise, alteration of laws rej^ardiiit.’,


Plxpensiw of Doininion elections, 12.”i
Expropriation Act. 201

I’ederatioii, projio-als for, 21
I’inance, Dejiartini’iit of ;

accounts, 202

audit ollice, P,»H

Auditor-tiencral, lll’.l
duties of, 201

cunsulidated fund, 1<.)D, 202 INDKX. 343 'n Ktiiiii, i;i(i uluctions, l'2'i pn.viiK'iit of ijion('.vt<, '2IM) fcrtilicatd of Auditor -'Uin'iiil, 201 oxctfptional cnHus, '201 rovfiiup, si)iii-C( H of, l!t'.( Trcasiirv IJoiinl, I'.l'.l, 201 First roailint^, in (Jominons, l.')l riHliirics arc "iirojiprty," 2lH l-'isliorii's, -ill extent of l)oiiiiiiiiin powers, "Jtl Form : of appointment of Senators, lit; of Commission of the (ioveruor- (ieneral, HiH, :«7 of Commis>;ion of [,ientenant-
(ioveruor, HO

of disallowance of provincial iiills,

of InstructiouH to (lovcrnor-tiene-
nil, i(;;{

of proclamation dlHHolvinK a pro-
vincial U’j.’isl.ilurc, “il

of licttcrs I’atont creiitiuK olliee of
( iovcrnor-General, ii’M

of ])roclama’.ioii of rct’M-nin^,’ olli-
uer, i;«

of proclamation proroL’uiii;,’ a pro-
vincial !e«inlature, ;j()

of proclauuition Hiimmonin^ l)u-
minion I’arlianieiit, 111

of report on pnjvinciid l)ills, 17ii

of return to writ of election, IH.I

of Si)eaker’s warrant for an elec-
tion, l:{2

of summoniiig i)rovincial legisla-
ture, Hi

of writ for election of members of
House of Commons, i;U
Franchise, uniformity in, 7
Fieudum of Hpcecli, •>’.»

(icological Survey, 1!».”»

Governors, li>,t of, 27i>

Goveruor-GcMieral :

a Corporation sole, Itil
appointed by Commission, Kil
Commission issued to, lfi;{
dissolution of Parliament, 121

InstructionH isHucd to, \\\:\
l.cttcr> I’atiMil creating’ tiie olllce,

clianncH introduced in lHti7, lt).’l
powers conferred liy, ICi.’?
olliee of, created iiy Letters I’a-
tont, lti2
l).)sition of, ‘.I

I’l’ifiri d” rriianli< lla' Dumiiiioii Li'llinhiliir,' : 1. ajuioints Senators, 1(11 may recommend ^i.\ additioii.il members, 1<>1

2. appoints the Sjjcaker of the

Senate, Hi I
:<. summons House of Connnons, D'.l ■1. recommends money grants, Itil "i. i)rorogue8 and dissolves the legislature, U)">
i>. asM’Uts to bills, 1(1.”)

a.sscnt not conclusive. Kid
may reserve bills, Kl.’i, Kilt
nuiy veto bills, 1(15
not boutul to follow advice of

Ministers, Kltl
ought to be .satisfied bill is

legal, 1(1(1
leceives report from Miiiistei

of justice, 1(1(1
royal as.sent, how giviii, 1(17
As ri;iiir|M’iil ill Miliicutioiiiil iiiiit-

tlM’H, l)i!)
rciiHPval of .liiilj,’i’H, IfiH
An ri’jiird* I’lfrmiiitivi’ I’mrfis :

mny iippoint (^iiwii’s Coiiiicil, \72
An rifinnln tin’ I’nirilici’n :

iilipoiiits IiiclltollUllt-liuVlTIKII’S,

17;< iiiiiv disallow I'loviiiciul Acts, 171 Ads iorot,’ii(‘s rarliiuncnt, I’iO
rcsjjoiisiljilit.y of, 177
not to the Colony, 17!t
pi()(‘ct.Mliii},’> ii^uinst, iHl
to til.. Crown, 17i»
to Law, 17′.t
for acts not within liis autbu-

rity, IHO
not for Htatc acts, 1H(I
to the Iiiipi’iial Parliament, 17′.l
salary of, UJl

may he varied, 2’.M
term of ollice, IfJl

llinh Commissioner, “211
dutit s of, 21′)
salary, “Jl.j
Hour of iiieetiiig of lc;;islativu Coun-
cils, 77
II ours of iiolliiij; in provincial elec-
tions, ().>
House of Commons, 7
counts-out rare, 150
disipialilicatioiis of (‘lectors, 12()
disi|ualitictttions of members, l’2(i
contractors, I’J’,)

(•orru|)t p/ai’lic.’s. 130

election to Provincial le^’isla-
ture, I’JH

holding ollices iiiidir Crown,

revisill^’ ofliceis, IHII

sill lilTs and nlher otVuvrs, l.’td
distrihiilioii of seats, J’it
Klcction IVtitioiiH, i:i7

Courts fur trial of, I’M

Corrupt practices, l.’tH
Kovernment orders, 151
internal anan^’cineiits, I t(l

IIM’thml of election, I’M*

form of writ, l.’JO
noiiiiiiatioii, i:U
return to wiit, 135
notices of motion. 151
niimher, \’2′.i
ollicers of the House :
Clerks, 140
Sern>’ant-at-ariiis, \’.i’.)
Sjieaker, i;{.s
order of business, 150
jietitions, 151
for money, 151
as to (axes, 152
powers of Dominion, 2:U
private hills, 152
imhlic hills, 152
(lualilications of Electors, 121
a^’c, 125
citizenship, 125
property tpialilication, 125
annuity, 125
lisheriiieii, 12(1
Indians, 12(i
occuj>ancy, 125
ownership, 125
residence, 125
HOUH, 125
revision of voters’ lists, 127
(jualilications of Members :
aKc, 12H
citizenship, 12H
iliiestions, 151

resi{li(‘r. ltd
riiiitiiic liti^iiiC’S, I’ll
Hiidson’s ISji.v (‘(unpiiiiv, icvo/iit

Kill (I

tnrniiii.’liisi’il, 2\ I

Mllt’llfl’ltllclliH)’<1, '>\ I

Miiiililii’il to Vdtr. wlicn. r.i;, |’,|

liKlitHovcr Jtiitisli (

smTciidcr thiir lands tn II
Majt’sl V, ’21

liiilMTial Acts nliitink’ to Coiistiiuli


liiipciiHJ control of Dominion, •J’l.”. Inst

Crown inii.v veto dominion lull.

olmnl.ia,’.”.! Inlaml lt,\.nn.’, I»ciiaitni.iit of, 1;


iliitii’s, ll»7
olViccMs, l’.)7

transfer to new (Icpartnicnt. I’.ct

M’licy, srr li:iniu Ulilc.V,
riiclions :

liills niav lie rcKcrvcd, ‘271, •J7’„’
instrnctions as to hills, ‘J7I

as to reservation ol’ MIN, 271
(,’iven to a Coniniittee, 1.”.h

if < lo\einor-( ieneiai, I'i, l(;;t Interest, regulation of, •_'.' frown ciumotvcto Provincial hill, liiteiior, l)ei.artnicnt of, Vj.j 2liH duties, lili" (iovoniortieneri'l nui.y consult Keolo^.ieal sin ve.v, I'M', Imperial (iovcrnnient, 2('>‘.i, Inirod

intoiforcnco of home (loverii-

llclioll of hills, l.’i.’S

hy motion, l.i;{
in (•

iinniittci’, l.’.’t

mcnt with Provincial hills, Introduction of hill, i,, v^^.


natc, no

petitions rcKaidiiiK Provincial Introducti

notice re(iiiired, l.jl

nils, 270

Imperial Parlianiont has concur-
rent IcKisliitivo jxiwers, 2(i7
Acts pasHcd by the ImiK’rial

of .Memhersiif House of Cominons


of Senators, 1 1(1, 1 17


lament, 2().s


Limitiitions on |)o\\crs of D


nion, 211′)

altering Constitution, 2t;.”,, 2(iil .Indicatun , f

RlteriiiK Imperial Acts, 2(‘it>

ap)ioiiitinent of, 170, 222
removal of, 170, 222

unctions of (iover


seat of Government, 2(;(i
iniposiuK duties between pro-

vinces, 2(i(i
taxiiij,’ public lands, 2t;f;
Iiniierial interests, Ku, Itls, Js,”.
Imiierial Parliament, legislative jiower

of, 22(i
Immigration, iiowers of Pomiiiion and





•liidiciiturc, I’niviiicial. HH
1. I’ivil Jiii’iMlictiiiii :
ItfitUli Ciiliimliiii.
Coiiiitv Ciiurts, KM
Siiiiill Di’litsCiiiirt, lot
Sii|ii(‘iii(! Ciiui’t, lot


AsHizcs, Kill

Cciiinty (‘”iiirt-^, 1(>2

(/iK’fu’s lifiicli. l(i;j
\fir liniiisiiiil;.

Civil Ciiuit.s in citii H, ‘.)’.)

County CourtH, KM)

Divorii’ Couit, 100

.lllSti(!»’H’ Clllllt, ItH

Local Courts, ‘.IK
I’linsli Cnurts, (CI
I’loliat.’ Ciuiits, 100
Siiprcnu’ Court, 107

XiiVd ScDtiii.

Admiralty Court, ‘.18
County CourtH, ((7
Divorce Coiut, ‘.tH
.lustifos’ Court, ‘.(7
l’roi)atc Court, ‘.»M
Sui>rcnii’ Couit, US

Sdrllt ]\’cst Ttrriltir;/, 107

Sujircnu- Court, 107

Appcul. Court of, ‘.Mi

County Court.s, ‘.CI

Kivisioii Courts, ‘.t2

lluir and Uivi.seu Couiniishion,

llij;li Court, ‘.15

Maiitinic Court, HI

Supreme Court, ‘.•”>

Surro(,’ati’ Court, ‘.15

J’liiici’ K(liriinr.t Isldiid.
County CourtH, lO;”)
IMvorci! Court, lOtJ
Insolvent Courts, 10(i
.lusiiees’ Court, 10″>
Marine Court, lOti
Small Debts Court, 105
Supreme Court, 100
Surrogate Court, Kmi

Admiralty C(airl. Ol
Circuit (“ourts. h’.i
Coiiimisj-ioucrs’ Courl, >*’,)

.lustice.s’ Coin-tH, HM
(^ueeii’H Itencii, ‘.ll
lle<'orilei'H Couit, H'.( Ileview, Coint of, '.(I Superior Court. '.Mi Trimly Mouse. N'.l 'i. ('riminal .hiiisdictioii : consideration of Crown Cases reserved, lo'.l County Courts, 100 Oyer and Terminer, Courts of, 10'.) (Quarter Ses-ions. lOH Supriine C;ouit, lO'.l Juries, exemption from serviuj.' on, 0'.) ilustice, Ailmini>tration of, 21′.’
Monunion powers :

Courts, or^uni/iition of, ‘.’PJ,

2 in
Criminal Law and rroecilure,

I’^ieetioii I’elitions, “Jlif, 215
penitentiaries, 2 1:{
I’roviueial I’owers :

Couits, orj,’ani/.atiuii, H’j




ion :
Crown CuHt’H


Iff, Ciiurts of,


serving,’ on, (i’.l
of, -2^2

tion nl’, •_’!•_»,

Ill i’loccilnic,

, :ii;f, 21,^

ion of, ‘212
‘ovinciui lawn,

utiun uf, 212,

mattciH, 242,

IS, 213


• ([[Kcio Mini.s-

l>oilltllUlll ul,




l.iiw oflieoiv, condiillinK. HW
l-cK’itliition, Initiation of, IH.”)
J.i«iHljition, niitlioil of, «(•.■ niriljoil of

TifKi.sluti\c AsscMihlifx, .Vi 71

constitiitiiMi of, niiiv lif aiti’HMl,


Mistrilpulion of Suits, (i;t
lOlirttil, (|iiiililiciaions of, (11, (12
JUUHt 111′ II Hiiti>|i Mibjcft. (11

u ni.’ilf of fnll u>.’i’,
iidditioniil i|imlilications in ci r-

liiin |ir(j\ ihi’i’s, (1|
JM Tsnns !
New IJiinis.vick, ‘>H
Not til West r.Tiilorics, (10
(Jntiii’io, ‘)”»

I’linci’ Edwaiil’s island, .’»’.l
l,iu(i)cc, 57
l>isi|iii(liiieiitions, (10

Method of i;i(cti (II (1(1

notice of I’liiction. (11
non.ination of Candidates, (11

Votill;;, (!.”)

corni])t i)iiieticcs, (1,’)
ix’turn to writ, (1″)
election jictitions, (1.”)
oatlis of Mendjcrs, (1″)
I’rivilenes, (1(1

not exjiressly confcncd liy H. N.

A. Act, (1(1
Acts di^liniiiK |)ii\ ilej,'(s dis-

illlowed, (17
Acts allowed to come into force,


K.r pnile Ddiisiiniii, (17

Liiiitli’rn r. Woitibrorth, (17
iini)li(d |irivilet,’L’S, (18
Htatutory priviieijos, G!)

arrest, freedom from, G’,»

jnries, e\eni)>tion from, (111
imlilicalion of |iik|i<'rM, 7(1 |iri\ili Kc hreacii of, 70 witnesses, attendance of, 70 (^uornni, (1(1 l(esi:,'nalinn of Meinlieis, 71 liy oral notice, 71 li.V written iiotiic, 71 elTeet of resi^-ninu liefore takiii); Heat, 71 Speaker, liow lie resi;;lis, 71 speaker. tl">

how ajijiointed, (1(1
di’pntv Speiikel, (1(1
l.e;iislative Council, 72 7′.*

Councillors, in wlmt provinces,
appointed in certain provinces,

elected in I’linee Ivlwai I’s Is.
land, 71
liartlyiii North West Ter-
ritories, 7.”i
how disc|nalilii’d, 71
ininiher in each province, 72
jirovince may aliolish, 210
iiualilicalions of, l’.\

1. (,’iti/,enshiii, 73

2. Age, 73

3. I’roiierty, 73
I. liesidence, 73
.”). tluth, 71

resi^’nation of, 7(1
I’livilcKcs of, 7<» (Quorum, 7(1 Speaker of, 7.) Ke^^islative I'ower, 221 concurrent powers of Iiiipiiial Parliament, 2(1(1 division of, l.etweon lioniininii and rrovinces, (i, "J, 223 implied powers, 227 limitations on, 2(j4 method of iiiter)irelution, 22!( principles followed liy the Courts, 221 scheme of the Act, 221 l/o;^islation of Dominion, 110 :j4H IM»lv\. I i r ! f.t'KixIaturcM, ('itrmin Kiilijcct to tliroc, .1 Lc'ili'is I'litmt. i'.' cliikiiui'K iiiti'oiliU'i'il into, III'.' cri'itliii^' uIVki' III' (iiiviiiiiii (Kill' nil. lt;2 prH coiil’cni’il l.y. K’lH
Iiici’MMH, |iiiiviiicc iim,v iiii^f tax li.v,

•.’.•».”i, •.’ilM
liicutt’iiiint-liiiviriiiii , a|i|iiiiiiliiii iit •’!’.

rmiii iif (‘iiiiiiiii>riii\iiirial «IVu’i’r, ‘2:«i
IHiwt’i’.’^ 11^ lo^anls Aiiiiiiiii>tialiiiii,

|iii\vi’is iiK ri’^ai’ilH Li’^’isliitiiiii, ><2 rciiiuMil of, I7:t, \>*x
ti’iiii ol’olVui’, s:t

liiniitH III’ I’l’ovilins, liiMV III’ lllti’iril,

lioaiiK, |)iiiiiiiiioii iiiiiv niisi’, ‘J.’l.’i


iiviiuis iimv lioirow oil tlirir

own ciTilit, “Jit.’i
liucal iiiultfis, jiiiUdii’iiiPii ovi r, ‘J.’>7
iniiiiiiii’: III’, ‘J.”i7

MuiiitoliH :

jiiri^iiliction, ‘2*20
Miiiriii^’i ‘J Hi
Mi’rtiiit’x :

of llir l’ri\y Coimcil, Ih’.i
of till’ Sriiati’, I J7
Mi’IhIhth of I’l’iivinciul Fll■^’islatlll•^’H,

iiuiililicalions of, iil
Mrtliuil of election if Mi’iiilii’iH of

lloiiHi’ iif (‘oiiuiiiiiiH, 1:10
.Mcliioil (if liiiiniiiioii Ijct,’iM|iitii)ii :
KovcriH’d li.y uiilciH ami ri’Kohi-

tioriH, Mil
onli r I’f luiHiiicHs, no
|i(‘titioiis, l.’il
piililii- liiilH :
iiitioiliirtioii, ITilt
lirst ii’itiliii;,’, l’)l
rii’conil iriiiliiiK< l")l riiimnitlrc, I."!.") li'Jioit, l"iM tliii'il ri'aiiiiiK'. 1^^ passiiij,' of jiillh, I'i'.l |ii ivjilc bills : jiilitioiis for, I'l'J ciiiniiiittci', lliO Siiiiiti', iii

ilisti ilinlioii of Mats, Iil
History of Province, 2(i— ‘2’.t
fiiinii’il out of Nortli West Terri-
tories, •_>7, W
first (iovernor, ^il
<'onslitiition conferriil on it, 'lU loniinitlees on l)ills, 711 hour «)f nieelinj,', 77 J e^iislative As.siiulil.v, "i',) inetlioil of eleetiun, Iil l)rivilej^es, 117 money hills, 7<.i oilier of hlisini'ss, 77 private hills, 7',) puhlic hills, 7H leaJinKs of hills, 7".t Militi «1>

oruin, lill

resiKiintiun, 71
Spi’iiker, (ill
Iti’presentatiiin in Senate, I 12
Marine, jurisdielion over, 21(1
Marine anil I’lsheries, llipaitnn nt of,
21 111

duties, 2(i!»
i.nirer.s. 21(1
Maritime Court of Ontario, 220
appeals from, 220

Coniniiinil-iu-Chief in (^iieen, Kill
jurisilietiiin of Itoniinion, 2.’l’.i
Militia aiul l)efence, department of,

Aetivc Militia, 21’2

liow ealled out, 21:i
eomnuiml iif the forces, 210
ei)mpan,v, how made up, 212
militia, ehissitieatioii of, 212
military Districts, 211
minister, powers of, 210
period of service, 212




piTHonH lialilt’ to H< rvc, '.'10 f'XcnipliniiH, •_'! 1 ItcHfMM' ^Filiiiii, •_'!•_» ('Ill I i 11^' out, 'Jl:< Hiihstiliit.'M, 21 2 MiiiistciM, nil' I'rivy ('(iiincil. lulvicc of, ill ri>.Miil til liilN. \o;,

advice of, iiH tci lij^lil iif |iiii(liiii,

171. 1H7

it’-ciiciidii (.r, I’j’.i

Ministt>|- of . I list ice l’i’|ioltH nil nil liills,

Money liills. iMTi

ill provincial Ic^’islatuicH, 7′.»
introduced in Cominittcc, ir.:i
except wlieii iiii|Mi>.iii)^- a peiialtv,

evci (it wlicre nf a iliclaiatoi v iia

tnrc, I’ll
must oi’iKiiiatc in {‘lUiniions, I’l’i
Money j.;iaiit.s, iiclitioiis I’lir, not re-
ceived, I’ll

Hrimiate lr(.’islative Ci.iineil. ‘J.”i
control of levenuexeoiir-eded, ‘.’.’>
rcHponsilile (jcivi I mm III I’liinl-

ed, ‘Jf.

(/iieliec resolutions pnsseil, •_’ii
Tic^’islative A’-xiiiililv :
inetliod of elei’tinii, (i|
privilcKrH, (17

(|lialiticillioiisof \oleiN,,”H,(i| .(‘I’i

ipioriiin, liii

resi>»inilioii, 71

Speiiki r, (111
I.e<,'islative Coin.' il, 72 ('■iiincillor- , how appointed, 7'-' nil' er of, 72 (liiiiiiliciitioiif of, 7"., 74 i'esi(;iiiiti(in '■ 7(>

]irivilet;es, 7(i

i|iioiiiiii, 7,'”i
speaker, 75
Newfouudlanil declines to enter Poiiii.
nion, :IH

Motion for leave to introduce liill, \r,’A Noininati’ ii of Candidates :

what bills introduced in (‘oniniil-
tcc, 1″..{
Municipal institutions, 2′)7

alteiation of laws ret.’ardin^’, 2.”iH
regulation of liipioi tralVic, 2″iK
Sunday closing- Act, 2’>h

Natural History Survey, llMi
Naturali/.ation reserved to |)oiiiiiiion.

1 Jl, 21(i
NaviKUtion, 210
Navy, Coininand-in-r’liief in (,)iii’en.

New Hrunswick :

Courts of Civil Jurisdiction, !IH

at a Iioniiiiion l”dection, i:t I

for till F.euislati’.c Asseiuldy.ll l,(i.’i

Noilh West ‘I’erritoiies :
ceded to Canada. ‘M\
government of, ‘.U’l
coiiililions (if surrender, 27
Ciiuiicillors, 7′”< Court of Civil jurisdiction, l(i7 of Criminal jurisilictioii, lOH ilislriliution of seats, (11 let,'islativc power over, 2H (lualiticatious of voters, liO representation in Senate, 1 12 surrendered to Canada, 27 Niirtll-West Mounted 1' .lice, 2ii7 if Criminal jurisdiction, N"Vii Scotia : lOH *, 21
altenitidns in reprcseiitatiDn, 21
separation of Executive from

Council, 21
Cape Breton separated, 21

re-annexed, 2″)
proposal for Union, 25
votes in favour of Confedera-
tion, 2/5
Legislative Assembly :
metliod of election, (i 1
jwivilcges, ()7

qualilications of voters. “(7
(inoruni, 0(1
resignation, 71
Spe’aker, fiti
I-egislative Council, 72

Councillors, haw api>()inted, 72
number of, 72
qualifications of, T-i, 71
resignation of, 7
(luornm, 7o
Sj)eaker, 75
Number :

on Committees, I’lC), 157

of House of Commons, 121}

of members of tlie ],egislative

Councils, 72
of Senate, 142, 1 W

Oath :

of legislative Councillor, 7 I

of members of House of Coninioiis,

of Senator, 115
Oilicers of House of Commons, I’M
Otlicers, provincial, 212
Officers of Dominion, taxes on, 2.iS
Ontario :

Courts of Civil jurisdiction, !I2

of Criminal jurisdiction, 10m

Pistrihution of neats, fi.S
History of the Province, ir)–22

originally part of (Quebec, 17

immigration into Colony, 17

separated from Queliec, IH

its Constitution, 18

rebf llion of lH:i7, 18

Iiord Durham’s report, 1!)

united to (Quebec, 1!)

constituted separate I’rovince,
Legislative Assembly;

method of Election, (il

privileges, <(7 (lualification of electors, '>‘>

qualification of members, (il, ()2

•luorum, ()()

resignation, 71

Speaker, (jG
Ojtening of Parliament, 112

of provincial legislatures, 47
Orders in Council :

affecting Constitution, 11
admitting British Columbia, ;>1
admitting Prince Edward’s Island,


admitting North-West Territories
into Dominion, 27
Order of business in Legislative Coun-
cils, 77, 78
Orders, standing, 12

Pajx’r Money, issue of, 2’>l>
J’ardon, right of, 170, 1.^7
Parliament, Dominion :

adjournment, ll’,(

dissolution, 121

how sunnuoned, 110

opening of, 112

parties to legislation, 110

payment of members, lis

privileges, 117

prorogation, 120

(juorum, IKi
I’arliainent, Imperial :

Acts jia^sed by, 10, 2(i8

legislative powers of, 221. 2.”>(l, 2(‘](‘i
I’arty (iovernment, 107, lx’>



Patents, ‘2.’..”,

Payment of Members, in the I’loviiiccs,

Penitentiaries, ‘2V.i
Petition :

for iin])ositi(in of duties, l.’i’J
for moneys not receivt’d, l’>]
for wliat olijects received, 1′)’2
lir)\v presented, 1:’)1
jnivntc liills initiated and ojiposed

by, 1;V2
reception of, may lie ojjposed, I’ll
Private Hill, ille^ral jirovisions, KiO
Powers of Governoi-trenerai, .ice (lo-

Population of Canada, 11
Post-Otlice, Department of. 201
Inspectors, duties of, ‘201, ‘2W>
PostMaster-( teneral, powers of.
Postal I’nion. 2(»;
Prince Edward’s Island ;

Courts of Civil jurisdiction, 10.”)

of Criminal jurisdiction, Kim
Distribution of seats, (i;}
History of the J’rovince, .■!2
orij^iniiUy jiart of Nova Scotia, H2
early Constitution, 32
first Assembly, 32
lei,’isiative Council, 32
responsible Government de-
manded, .32
(^’ranted, 33
federation rejected, 3;{

adopted, 31
terms and conditions of I’nion,

representation in Senate, 112
Legislative Assembly :
method of election, (i 1
privileges, (J7

(|Ualilicalions of voters. .V.I
quorum, ()li
resignation, 71
bpeaki’i’, (iC)
Legislative Council, 72
Councillors, election of. 71
number of, 72

iiualifications, 73, 7t
resignation. 7’i

l)iivileu’es. 70

(juorum. 7″)

S)ieaker. 7.”>

‘Icrms of Union, 31s
Prisons. 213
Private Pills:

deliiiitinn (if, 100

divorce bill<, 101 ill provincial Irgislatuics, 7!) nifnilic'i may promote it;- jivo(,'rfss. 10(1 miiy be referred to Supicnie Coiut, 101) proccduic on, 100 standini,' Conmiittei"^, 101 Privil'ges : lireai'li of, 70 lioniinion may define. 231 ImiHiial Act as to. 327 of Dominion Parliament. 117 of l.e;.'islative Councils, 70 of provincial Assemblits, (i7 of Senators, 147 I'livy Council, Canadian : constituted by IS. N. ,\. Ac! lsC.7, 182 Functions of, ISo (1) as re^^ards Legislation, iH'j assent to bills, 187 dissolving Parliament. 180 initiation of bills. ls,"i proroguing Parliament. IMO (2) as regards Ad'ninistration, 187 a])pointm( nt of I.ieuteiiiint- ( lovernors. Is7 of ollicials. Iss bearing edncMtinii ajipeals, 1W7 pard

(3) as regards the Provinces:
aiipointnient of Lieutenant-

(iovernor, 188
disallowance of Acts. 188
meetings of, l8′.)




i! I


Privy-Council, Caniulinn :

(lovcriior-donrral not piisont,

1H<) moinl)ors of, 1H2 miiiibcr, 1H2 jiicsi(l(! oviT (lc|iiiiliiicnts III' State. IHt rosij,'iiatii)ii of, IH") r('s))oiisiliility of, IH!) Privy Couiieiliois : aiipoiiilnifiit of, 1H2, iHli l)i'iii('i)ilts followcil, 1h;{ icsiKiiation of, iH") Privy ('otiiK.'il, ImikHsIi, ainu'als, xcc Aiijicals to I'rivy Counoil. Procedure : in Civil suits, "2 1<>
in Criminal mntteis, “212
Proclamation :

dissolving n juovincial li’t,’isIaturo,

l)roroguinf,’ ,, ,,

issuiuf? writs for new election,

summoning provincial legislature,

of returniiig ollleer, VMi
summoning Dominion I’lU’liamcnt,
Property and Civil riglits:

assigned to tlie provinces, 217, 2ls
bankruptcy assigned to I’oininion,

217, 230
debts belonging to persons domi-
ciled abroad, 2lH
limitations on Provinoiiil jiowers,
dominion powers regarding
bankruptcy, 24H
copyrignt. 21′,l
patents, 21!)
implied dominion powers, 249
police regulations, 250
t(nn]ieiiince legislation, 230
jirocedure in Civil matters, 217
wbatis included under “jn’operty,”

Property, Public:

of Dominion, ‘2’M
debts of j>rovinces, 2:54
of the provinces, 233
esclieated land, 2.’i3
l’io])orty (|ualilication. re(|uir(‘d from

Senators, 111
Prorogation of I)ominioii Parliament,

effect of, 12(1
form of, 12(1
I’rorogatioii of pro\iii(ial legislature,

Proroguing Piirlianient, niinisUas to

be consulted, ISd
Protective duties, between provinces,

Provinces :

formiition of new, 2K3
Dominion control over, 2(10
the administration, 2(12
the Legislature, 2(10
Powers of (lovemor-CleiU’ral re-
garding, 17.’5
adi.; nistrator, appointment of,

disallowance of bills, 174
removalof Lieutenant do veriu)r,
Provincial Acts :

atTecting Constitution, 41
enforcing judgments of Courts on,

legality may be (iiu^stioned, 2(‘3
Provincial Constitutions, cannot be

altered by Dominion, 232
Provincial Let,’islatures, 14
Adjoununent, 4′,»
Aninuil Sessions reijuired, 32
Dissolution, 40

by liieutenant-doveiuor, 4’,t
procbunation, form of, 30
by lapse of time, 31
Enacting clause, form of, 32
(>liening of the Legislnture, 47
swearing in members, 47
election of Speaker, 48
the Lieut. -(.iovernor’s speech, 411




•ciiuiicd tVoin

1 I’lulianirnt,

il IcKisliitiirr,
iiiiiii-;ti’rs to
’11 provinces,

cr, ‘2(;0

, ‘2(1 ‘2


‘-(iciu’i’iil rc-

lointment of,

Is, 171

lit (iovcnior,


iif Courts on,

ionod. ‘2C::i
, ciiniiot lie

lii’t’d, ;V2

‘ni(»r, i[)

of, 50

1 of, ;j2

attire, 17

rs, 17




Payment of Members, 53
annual allowance, o3

for part of session, 5-1
deduction for absence, 53

for illness, 53
travelling expenses, 54
how pa3’inent is made, 51
Prorogation, 49
powers of Lieutenant-Goveruor,

manner of, 49
form of proclamation, 50
Summoning of the legislature, 41
powers of Lieutenant-Governor,

revision of instructions, 50
form of Summons, 45, 40
Supreme within limits of their
powers, 227
Public debt, 235

liability of Provinces to Dominion,

under jurisdiction of the Dominion,
Public Property :

belonging to Dominion, 233
debts of provinces, 234
escheated lauds, 235
legislative powers regarding, 235
Public Printing, Department of, 191
duties, 194
ollicers, 194
printing, 194
stationery, 195
Public works :

jurisdiction of Dominion and the
Provinces, 240
Public works, Department of, 202
duties, 203
officers, 203
Publication of Papers, 70

Qualifications :

of Electors to House of Conmion.s,

of Legislative Councillors, 73
of Members of House of Commons,


of Members of Provincial Assem-
blies, (il, 02
of Senators, 144
Quarantine, 239
Quebec :

Courts of Civil jurisdiction. H8
of Criminal jurisdiction, 13«
Distribution of seats, 03
History of the Province, 15-22
constituted a province, 15
first governor, 15
his powers, 15
his instructions, 15
first Council, 10
early laws, 10
Quebec Act 1774, 16

its provisions, Ki
effects of American war, 17
division of tlie Province, 17
Constitutional Act, 18

its provisions, 18
faihiro of the Act, 18
report of Lord Durham, 19
the Union Act 1840, 19
introduction of responsible Go-
vernment, 19
, further changes in Constitu-
tion, 20
deadlock in Administration, 21
federal Union, 21
Charlottetown conference, 21
Quebec conference, 21
votes for Federation, 21
Legislative Assembly :
method of Election, 64
privileges, 07
qualifications of voters, 57

,, ofmember8,01,02

quorum, 00
ret:’■^;nation, 71
Speaker, 00
Legislative Council, 72

Councillors, how appointed, 72
number of, 72
qualifications of, 73, 74
resignation of, 70
privileges, 70
quorum, 75







Quebec, Legislative Council :
Speaker of, 75

Quebec, province of, constituted, 15

Quebec Act, Ki

Quebec Conference, 21, 37

Quebec resolutions, 37

Queen’s Counsel, 172

Queen’s Printer, 194

Quorum :

of House of Commons, 110
of leRislative Councils, 75
of Provincial assemblies, 66
of Senate, 116, 147

Registration office, 193
Beligion, bills relative to, 154
Reserving bills, 1C5, IGC, 272
Resignation :

of Members of House of Commons,

of Members of legislative assem-
blies, 71
of legislative Councillors, 76
of Ministers, 185
of Senators, 147
Responsible government, conceded to

Canada, I’J
Responsibility :

of Governor-General, 179
to colonies, 179
to Crown, 179
to Parliament, 179
to the Courts of Law, 179
Recount of votes, 135
Return of returning officer, 135, 136
Revenue, 199

Revision of Voters’ Lists, 127
Rupert’s Land, ceded to Canada, 27

Salary :

of Civil ser’ice, how fixed, 242
of Governor-General, 1G4

may be varied, 230
of Lieutenant-Governors, how
fixed, 242
paid by Dominion, 230
of Ministers, 184
of Judges, by whom fixed, 242

Savings Banks, regulation of, 256
Scheme of the Constitution, 4
Sea-coast, 241

Seat of Government, alteration of, 26(1
Second Reading in Commons, 154

amendment to, 155
Secretary of Slate, Department of, 193
duties of, 193
register branch, 193
Senate, 6

meetings of, 147
number, 142
powers of Crown to increase, 143
powers of Senate to increase, 142
representation of new Terri-
tories, 142
qualifications of Senators, 144
age, 144
citizenship, 144
oath, 145
property, 144
residence, 144
powers of Dominion over, 230
may vary quorum, 230
qualifications of senators, 230
representation of new Provinces,
quorum, 147
voting, 147
Senators :

appointment of,
by Crown, 143

by Governor-General, 145, 164
form of appointment, 146
introduction of Senators, 146
privileges of, 147
qualifications of, questions as to

determined by Senate, 145
resignation of, 146
tenure of office, 147
vacating office,
absence of duties, 148
becoming bankrupt, 148
ceasing to be qualified, 148
conviction of crime, 148
losing citizenship, 148
Sergeant at Arms, 140
Sessional orders, 150

)n of, 256

on, i

oration of,


moiis, 154

rtmcnt of.


5 increase, 113

increase, 112

new Terri-

ators, 111



over, 230
, 230

inators, 230
ew Provinces,

ral, 145, 164
■nt, 146
nators, 146

lestions as to
ate, 145

t, 148
lied, 148
3, 148

fShippinj,’, 24(1

Sources of tlio Law of tlie Constitu-
tion :

1. Inijierial Acts, 40

2. Dominion Acts, 41

3. Provincial Acts, 41

4. tJrders in Council, 41

5. Orders and rules of the Legis-

latures, 42

6. Usages, 42

7. Letters Patent, Commission

and Instructions of the Go-
veruor, 42
Speaker, of House of Commons, 138
appoints deputy, 13y
duties, 13’J
election of, 113, 139
salary of, 119
Speaker of Legislative Assembly, 75

election of, 4H
Speaker of jsrovincial Assembly, G8

resignation of, 71
Speaker of Senate, 147

appointment of, 147, 164
casting vote, 147
has a vote, 147
salary of, 119
Special Committees, 156
Speech of Governor-General, 114,

address in reply to, 115
Speech of Lieutenant-Governor, 49
Standing Orders, 42
Sunnnons, of the Dominion Parlia-
ment, 110
of provincial legislatures, 44
Summoning Parliament, Ministers to

be consulted, 18t)
Superintendent of printing, 194
Superintendent of Stationery, 195
Supreme Court, 216

appeals from Exchcciuer Court,
Supreme Court of Canada :

compared with Supreme Court of

United States, 3
constitution of, 218
consultation of, by Privy Council,

criminal jurisdiction, 218

enforcing judgments of, 219, 2(i;i

established, 3

jurisdiction in controversies be-
tween provinces, 218

maritime jurisdiction, 218

reference of bills to, 218
Suspension of standing orders, 150
Standing orders, 149

susi)fnsion of, 149

Senate suspends in cases of ur-
gency, 152
Standing Committees, 155
Status, jurisdiction regarding, 246
Statistics, 242

Taxation :

limitation on powers of Dominion,
Taxation, Direct, 235
meaning of, 236
provhices may impose, 235, 23(1
property of Dominion or of Pro-
vinces exempt, 235
Taxation, Indirect :

powers of Dominion, 235, 238
province cannot levy, 235, 238
except licenses, 235, 238
Temperance Legislation, validity of,

Term of ollice :

of legislative Councillors, 75
of Lieutenant-Governors, 83
of Senators, 147
Territories, government of New, 232
Trade, bills relating to, how intro-

duced, 153
Trade and Conuncrce :

assigned to Dominion, 253
Department of, 193
jurisdiction over, 253
limitation on Dominion powers,

meaning of the words, 253
Treasury Board, 198
Treaty obligations, 233

Union Act of 1840, 19








Union of the Provinces :

Nova Scotia takcB initiative, 37
Chailottctown Coufurcnce, 37
Quebec Conference, 37
The Quebec resolutions, 37
ailopteil by Canada, 38

by New Brunswick, 38
by Nova Scotia, 38
rejected by Newfoundland, 38
B. N. A. Act passed, 39
British Columbia admitted, 31
Prince Edward’s Island admitted,
United States, differences between

Canada and, 2
Usages, 42

Vacancies in Senate, how created, 147,

Vacating seat, on appointment to Privy

Council, 184

Vancouver’s Island :

discovered Mill, 30
granted to Hudson’s Bay Co., 30
Governor appointed, 30
Legislative Council, 30
Legislative Assembly, 30
United to British Columbia, 31
Veto :

of Crown, 271

provincial bills, 2C’.i
of Governor-General, 200
rarely exercised, 200
Voting, method of, in provincial elec-
tions, 65

Warrant for Election, 132

Weights and Measures, 242

Witnesses, attendance of, 70

Witnesses, examination of be*’orc Com-
mittees, 157

Writ for election of Member^ of House
of Commons, 130


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