Document Information

Date: 1896-11-05
By: North-West Territories (Legislative Assembly), The Regina Leader
Citation: North-West Territories, Legislative Assembly,The Regina Leader (5 November, 1896), 3rd Legi, 2nd Sess, 5 November 1896

Other formats: TBA

7

THE BILL OF RIGHTS.

The Assembly’s Constitutional Memorial.

Reasons Given for an Increase of Constitutional Powers—An Executive Council vs. Executive Committee—Statement of Present Shortage of Moneys.

The following is the Memorial to the Governor-General in Council, adopted by the Assembly, and which gave rise to the “secession” debate which will be published later:

The Legislature Assembly begs leave to present to Your Excellency a statement of their constitutional and financial position, and to suggest such amendments in the North-West Territorial Act and other Acts affecting the Territories and such increase in their grant or subsidy, as will enable them to fulfil the duties they are called upon to perform for the proper government of the North-West Territories in local matters.

They beg to remind you that at various times petitions and memorials on these and kindred subjects have been sent down to Your Excellency, or to one or more of your advisers.

They are glad to say that the Parliament of Canada has been willing partly to accede from time to time to some of their just requests, so that at present they exercise control over certain funds put at the disposal of the Lieutenant Governor of the Territories, and have larger powers of legislation; but they find that they are not in a position to use the limited powers they do possess to the best advantage, and that their legislation on subjects coming strictly within the duties of the Territorial Assembly has not the necessary quality of security or completeness. As, besides the right of disallowance which Your Excellency in Council possesses over their legislation as well as over that of provinces, the legislation of the Assembly is also “subject to any Act of Parliament at any time in force in the Territories.” Parliament, consequently, often passes Acts diminishing the legislative powers of the Assembly over parts of subjects ostensibly reserved for their control, and at other times over-riding Ordinances passed by them and approved of by Your Excellency in Council. It is unnecessary to point out how such concurrent powers will lead to insecurity and conflict.

The Assembly is of opinion that to remedy this undesirable state of affairs it is not necessary to have recourse to the granting of a full provincial status. They believe that till the time arrives, which may be at a not distant day, when the Territories should be taken into Confederation (as one or more provinces) the passing of a few amendments to the North-West Territories Act will allow them, subject to disallowances of their Ordinances, “to exclusively make laws in relation to matters” already within their legislative jurisdiction.

They believe that such amendments should be supplemented by a few further changes. While they do not ask for some rights inherent to provinces, notably the rights to raise money on the public credit, the chartering of railways, and the administration of justice with relation to criminal matters, they can see no good reason why other privileges of a territorial or provincial nature should be withheld from their administration. They may point out that during the last five years they have exercised most of the rights of provincial assemblies, and, in their opinion, have proven themselves equal to the task.

They further are of opinion that the time has come that their executive government should be put on a firmer basis by substituting for the Executive Committee an Executive Council.

The North-West Territories Act makes provision for a Committee of the Assembly “to advise the Lieutenant Governor in “relation to the expenditure of Territorial “funds, and of such portion of any moneys appropriated by Parliament for the “Territories, as the Lieutenant Governor “is authorised to expend by and with the “advice of the Legislative Assembly, or of “any Committee thereof.” But it does not provide for any responsible body whose business it should be to advise the Lieutenant-Governor in Executive matters.

It is evident that the Assembly having the power to vote money for distinct services should have the right to control the proper carrying out of its intentions.

As in the present more developed state of the country, which has as much or more need for an intelligent administration and supervision of its sources and requirements as any other part of Canada, it is impossible for the Assembly to act as an executive council; they have been obliged to make provision in their several ordinances to entrust the duty of administering their laws to the Lieutenant-Governor, acting by and with the advice and consent of the committee, created by federal law for the purpose of advising with relation to expenditure only. They cannot, however, be sure that in taking the only possible steps within their power to meet the necessity, they have not exceeded their powers. Besides, the present machinery does not admit of development, as for instance in the direction of division into departments with responsible heads. The Executive Committee also has not the right to advise the Lieutenant-Governor in matters not contained in the Ordinances, notably the appointment of Justices of the Peace, and the convening and dissolving of an Assembly, &c., &c. And in general, the Assembly is of opinion that for purposes of government a permanent committee of the House has no advantage over an Executive Council. The first is a creation without precedent to guide it and lacks the well-defined constitutional status which political development during a long course of time in Great Britain and her colonies has given to Executive Councils.

In view of the foregoing the Legislative Assembly would, therefore, respectfully recommend the following amendments to be submitted to the Parliament of Canada at its next sitting:

1. 1. Amend the section of the N.W.T. Act of 1891 (54 55 Vict) which is subsisted for sec. 13 of the N.W.T. Act, Chapter 50 R.S.C., so as to read:—

“The Legislative Assembly shall exclusively have power to make Ordinances “for the government of the organised “Territories in relation to the classes of “subjects next hereinafter mentioned, “that is to say.”

Note—While Parliament cannot divest itself of its paramount right of legislation in the Territories, it is desirable that it should not, as it has often done unintentionally, perhaps, by legislation partly or wholly affecting the Territories, conflict with existing Ordinances, unless such is their distinct intention.

1. 2. Add a clause to the N.W.T. Act giving power to the Assembly notwithstanding anything in this Act, or any other Act of the Parliament of Canada, to repeal the “Territories Real Property Act,” so far as it applies to the organised Territories, and also to re-enact the said Act or any part of it, or substitute other provisions in lieu thereof.

Note—Though it is within the competence of the Assembly to legislate with regard to property and civil rights and they necessarily passed Ordinances affecting real property, as among others, relating to Mechanics’ Liens, Expropriation of Lands, Tax Sales, and other official sales, the question must frequently arise in how far such ordinances are in harmony with the Territories Real Property Act or can be enforced with due reference thereto.

1. 3. Repeal section 17 of the N.W.T. Act of 1894 and insert instead:

“There shall be a Council to aid and “advise in the Government of the Territories, to be styled ‘The Executive “Council of the Territories,’ and such “Council shall be composed of such persons and under such designations as the “Lieutenant-Governor shall from time to “time think fit.”

1. 4. Repeal sub-clause (c) of subsection (7) of said section 13 re “Insurance Companies.”

Note—There is no reason why the Assembly should not have power to incorporate insurance companies with Territorial objects, notably, hail-insurance companies, stock insurance companies, &c.

1. 5. Insert a clause in the N.W.T. Act giving to the Lieutenant-Governor in Council the power to appoint Sheriffs, Clerks of the Court, Deputy Sheriffs, and Deputy Clerks of the Court, anything contained in the Act notwithstanding.

Note—The N.W.T. Act states that the Assembly may define by Ordinance the powers, duties and obligations of Sheriffs and Clerks, and their respective Deputies (subsection 4 of section 8 of 1891) and may determine the places where such Sheriffs and Clerks shall appoint Deputies. The Assembly also prescribes the fees which are allowed these officers in civil matters which constitute nearly all their emoluments. Notwithstanding the fact that the Assembly makes provision for both the duties and the payment of these officers their appointment remains in the hands of the Federal Government.

1. 6. Insert, subject to conditions herein after explained, the following sub-section:

“The establishment, maintenance and “management of hospitals, asylums, “charities and eleemosynary institutions “in and for the Territories”; and

Repeal sections 103, 104 and 105 of chapter 50 R.S.C., in so far as they are inconsistent with the powers asked for.

Note—Lunatics from the Territories are sent under an agreement expiring in 1898, between the federal authorities and the Province of Manitoba, to the asylums of the province. At present there are in such asylums 74 persons, costing one dollar per day.

The Assembly is of opinion that they could perform such service as well and more cheaply. On account of the extra distances travelled by transport to Manitoba the expenses are increased. The Assembly, however, would only desire to undertake the care of lunatics if the federal authorities would provide the necessary buildings, and make such increase in the grant or subsidy as would pay for the maintenance of patients and staff.

As regards hospitals the Assembly do already provide, as far as their insufficient means allow, for the assistance of hospitals built and kept by private charity.

1. 7. Repeal section 21 of the N.W.T. Act of 1894 and introduce an Act respecting “Roads and Road Allowances in the North-West Territories,” with similar provisions to those contained in chapter 49 R.S.C., respecting Roads and Road Allowances in Manitoba.

Note—This would do away with the uncertainties and difficulties now connected with the laying out and improving roads and acquiring road by expropriation and it would give to the Assembly the right to delegate such power to municipalities.

1. 8. Add a clause giving to the Assembly the power to repeal, alter, vary or reenact the provisions for appointment of Justices of the Peace and their qualifications.

Note—Only an Executive belonging to and being in touch with the Assembly has the facilities for judging the necessity of appointments to the commission of the Peace and the eligibility of the persons to be appointed. Section 7 of the N.W.T. Act of 1894 provides a property qualification for Justices of the Peace consisting in the ownership in fee simple of land of a certain value. In new settlements where few or not patents for homesteads have been issued it is impossible to find suitable persons who can be appointed.

1. 9. Repeal section 16 of the N.W.T. Act of 1888 and enact a clause giving the Assembly complete control as regard to appointment, duties and salary of the Clerk of the Assembly.

FINANCES

Regarding the financial position of the Territories the Assembly must reiterate in part their memorial of January 1892:—

“That the necessities of local government in the North-West Territories demand that instead of the annual vote by “the Parliament of Canada of an indefinite sum for expenses of government, a “fixed amount in the nature of a subsidy “should be granted to the Territories,” and “owing to the rapid increase of the “population in the North-West the “amount of subsidy should be fixed for a “term of not more than four years.”

The revenues of the Assembly are obtained from local sources and the grant from the Parliament of Canada. As regards the local revenues they are and always will be very slight as they are made up of amounts received for granting licenses for such occupations as the Assembly is allowed to regulate by legislation. These revenues amounted in 1895 to 30,000 dollars. All the assets which the Provinces [except Manitoba, which has been compensated for the lack of them] possess, are retained by the Parliament of Canada, who own and administer, with power to roll, or grant to railway companies, their public lands, their hay lands, their timber and their minerals. The Assembly, however, is expected to provide for educating the young, caring for the sick and destitute, rendering the country habitable by improving roads, bridging rivers, protecting against prairie fires, increasing the water supply, etc., etc.

Owing to the vast area of the Territories and the widely scattered nature of the settlement all the business of the local government is rendered more expensive proportionately to population than in any province. As regards roads this is apparent, but with respect to schools it will be found equally true. By considering that under the most favorable circumstances less than half the area in each township is available for homesteading and that as a rule only a small amount is taken up, it will not create surprise to see that in 1895 it took 341 schools with 401 teachers to educate 11,972 enrolled pupils, with a daily average attendance of 6,600, and that out of these schools 223 were only open during the summer months with a daily average attendance of 11.

The most cursory review of the increase of population and the very small increase during the same period of the grant from Parliament for the government of the Territories (which stands in the same position as the subsidies allowed to the provinces), will afford a convincing proof of the utter inadequacy of their resources.

In 1891 the population was 66 799, the number of schools in operation was 224 (for that year no separate amount was out at the disposal of the Assembly.

In 1892 the number of schools in operation was 237, and the Parliamentary grant for government was $208,700 ($193,200 and $15,500).

In 1895 the number of schools was 34.1 being an increase in four years of over 52 per cent.

In 1896 the population is 104,331 (10 per cent. per year added to census of 1894 being the ratio of increase between 1891 and 1894) and the grant from Parliament is $242,879 (not including $25,000, supplementary vote to recoup the Assembly for relief expenditure undertaken for and on account of the Dominion Government), being an increase in five years in population of 56 per cent, and in annual grant during last four years of 16 per cent.

As the conditions of Government in the Territories are somewhat analogous to those in the Province of Manitoba, a comparison between the amount voted to the Territories, and the amount, calculated on the same items, on which the subsidy to Manitoba is based, would be fair and just. Such an amount would be determined on the following considerations:

1. 1. That the population of the Territories, according to the census of 1891, was 66,799 ; according to the census taken by the North-West Mounted Police in 1894 it was 86,851, and that, according to that ratio of increase, viz., thirty per cent., it will be, in 1897, 112,906. That if treated on the same basis as Manitoba, according to sub-section (b) of section 5 of chapter 46 R.S.C., the per capita grant would be calculated on an approximate estimate of the population two and a half years from 1897, which at the known rate of increase (of ten per cent every year) would be 141,132.
   2. That on capita grant, therefore, the amount would be at 80 cents a head on 141,132 the sum of $112,905.
   3. That on debt account on a presumably actual population in 1897 of 112,906 the amount would be five per cent. on $32 44 per head, making the sum of $183,133.
   4. That a grant for the support of the Government and Legislature in Manitoba of $50,000 is allowed, and that such a grant for the Territories should at least be as liberal, making the sum $50,000.
   5. That as Manitoba has been held to be entitled to an indemnity for the want of public lands of $100,000, and as the Territories have a stronger claim for compensation is as much as besides the land grants to railways in and for the Territories, a great part of their public lands have been given to railway companies in aid of construction, not for the benefit of the Territories, but

(a) For the general benefit of Canada, and for the special benefit of the Eastern Provinces and British Columbia.

(b) For railways constructed for and in Manitoba for which no sufficient land grant could be found within that province; and

In as much as a very much larger total amount of land is retained in the Territories for the benefit of the whole Dominion of Canada than the amount of land retained in the much smaller province of Manitoba ; and

As the province of Manitoba has been given all lands designated as swamp lands,

They feel they are entitled to a comparatively larger amount than was allowed to Manitoba, the exact figure of which they, however, are not prepared to estimate until such time as they enter confederation.

If treated as regards a subsidy on a similar system as Manitoba the Assembly recognize that it would be just to deduct from such calculated amount such sums as would defray the expenses which they, as a Territorial Government, are not called upon to pay, notably the expense of the administration of the criminal law:

On the other hand, they find that it has been the practice of Parliament to charge votes for Lieutenant-Governor’s Office, the Clerk of the Legislative Assembly, Legal Adviser, Registrars of Land Titles Offices, the up to the Territories without giving them the control over such moneys. They believe that they could perform the services for which such votes were given as well and better, and that such service and votes should be put under their control. They also find that votes for services in unorganized territory (as for instance $5,000 for schools in such unorganized territory) appear among votes for the North-West Territories, increasing thereby the apparent liberality of Parliament towards them.

The Legislative Assembly believes that with the foregoing requests for legislation and for subsidy they have given good and sufficient ground for your Excellency’s advisers to recommend to the Parliament of Canada to deal in a liberal spirit with their just complaints:

And they will ever pray &c, &c.