How CANADA IS GÔVEINED N

•

le how CANADA IS GÔVEINED N

A SHORT ACCOUN.T

(1F ITS 1.

E.X E CUTIVI?, 1 .F,G1SL,l1TIVT? JUT)ICiAJ, ANI) MUNICIPAL IN5'I'I"I'UTION S

WIT1 t

AN IIISTURICAI. OUTIJNF, OF TIIIsIR Oh'I( . ;IN ANI) I)~ I~I:'I.OI'1411z NT .

WI'l'tI NUMEROUS ILLUSTRATIONS 11 M -

I{v

,. J. G. BOUUNOT, C.M.G ., I,I,.D.,•I).C.I, ., I).I, .

04RRK OP TiIE )ANADIAN 1 I1R1 OP ( , ( 10 '0 MMf1NR, A['TIIOR OP A IIjANi'AI, OP CONqTITl1TIOVAL HItlTVRY, l'ARLIAMRNT0IRY l'RA(TICR AND l'ROCKDI'RR IN CANADA, ♦ N D OTIIRR Wl1RK8 ON TIIR G U V ERNNRNT' AND CVNNTITI'TIVN • by TIM DOMINION i . .

SF_Cn11'h I:I)1TlnN.

`dtoronto TIIE COPP, CLARK ÇOMPANY, LIMITE D 1895 . .w4 II ,0

Entcr ed :uronlin -, to Act o f tire l'nrli :wue nt (i f l'ann~l :r, ih the yr :u onç th o ux,rnd eil;ht hrm d n.l an ( l ninet y fi v e, b% TrtK Cor-, l•r . % Kh Cuyr .~~r, Lt m rrrn, Toront o, Ontario, in the lHflec of the Minister of A g riculture .

/ It( ;1; 5"f`I?%V oF (t fï~: RF. c. PRI?FA"I'(.)RY N O TE .

V . T IIIS little volume is inlended to present such a succinct review of the public institutions of Canada as will be e,isily understood by all classes of her people . The 'first duty of citizens in every country is to make thcn iselves thoroughly acquainted w ith the nature and operation of the systcm of government uncler which they live . Without such ~1 knowledge , ~ .~a man is very iml>erfectly ecluilt>ed for the performance of the serious res ponsi b ilities wlüch devolve upon him in a count ry tv,here the people rttle . No amount of so-called " practical experience" can coml,ensatc a man for ignorance of the elementary principles of political scienc e,- and of the origin, developmrnt and methods of his own governrnent. I have kept steadily in view the requirements of that great mass of people, old and young, men and women, who have few oPhdrtunities of obtaining slicMcial knowledge of institutions of government . I have avoided all technical language wher- ever , it -is possible, and in every case have explained such words and phrases which, although in gçneral use, are not always understood even by those on whose lips they are most frequent.

I have attempted to make this citizen's manual as complete as possible within the limited space at my d,isposal . I have born e in mind the fact that a Canadian is not merely a citizen . V Vi' PRF,FATORY NOTE.

of (,anada, and as such has duties and obligations to dischargé within the Dominion and Province, but that hc is also a citizen of the greatest and noblest empire that the world has ever seen. Consequently one of the most inif)ortant' parts of this book is devoted to Z brief account of the onerous fun ctions of the sovereign, who, through her national cottncils, exer.ut,ve an'd' legislative, adn inistcrs ► the atflirs of Great I3ritàin and Ireland , , and of her, many colonies and dependencies . The third part de5cribes the nature and methods of the general governme;p't of the Dominion ; tl;i c fourth part deals with the powers b f the several proyincial authorities that compose the federal union, and with the organization and procedure of the courts of law , ; the fifth part outlines the working of the munici pal system, in which all classes of citizens should be so deel,ly interested the sixtli part indicates the marin,- r in which our pu blic s1chools are adrti inistered by the government and people in every province ; the seventh part briefly exlal;tins th v mode in which the territorial distric`ts of the Northwest are 'governed he fore they have'reached the dignity of provinces in the full possession of responsible f;overnn en,I. A ► n the Appenc}ix I give the text o f 4 the constitution or British North America Act of 1 8 67; and amending ac ts in full . At the end of each Part of the volume I add references to such authorities as will be most useful to those persons who' wish to go thoroughly into the study of institutions. In closing the book .I say a few words with respect to the duties and reslronsibjlities that devolve upon all classes of Canadians as citizens of a self-governing country . These a wprds are very inadequate when we 'consider the widescd~

14 , . ,~ . I,I:I.I~:1TUItY NUTE. vii and infiportance of th e subject, and all I can . pretend to hope is tha they may serve to stimulate thoughtful men and wome n es pecially those young men just assuming the obligations of I citizenship--to think dee ply on the problems of government which are every day presentin g themselves for solution, and perhap s encourage them in a desire to perform their full share in the active afïairs of a Dominion yet in the early stages of its national life.

J. G. Bou R INo•r. O'I°i'A wA' : Queen's I ; irthday, 1 895 . f

CON'I'ENTS'.

MAP OF TIIF; POLITICAL DIVISIONS O F THE DOMINION OF CANADA .

FI RS'l' I'A RT. }

GROWTIi OF THE, CONS't'l'TU'I'ION.

ruSrrRU . rnaR . I .-I)cfinitions of Words and Phrases used in this Book . I . II .-Political (;rowtli of Canada ...... ,, . . . . . to ; III .-V.-Historical Outline ...... ~. 13 lr VI .-h'ederal Union . Bibliobrtphical Notc , ...... az

SECOND PART.

IMPFRIA L I.,OVERNMENT. ' ~1 • . . ° I .-Executive Power ...... 45 I I .-Legislative Power . . . .' ...... ~ ...... 55 I i l .-Judicial Power ,$V ...... ' 62 W.-Imperial Control over Canada ...... 6 Bibliographical 4 Note ...... 68 , [ix J \

f ,

CONTENTS.

'I'IIIRI) PART.

4L ~ Tttr DOMINION GOVERNMENT. ~1 CIIAPTRR . ~ ,• , , , • • PAGR , I . -I:xecutivc l'owcr ...... 73 I I.-V.---Lcl ;islativc Power ...... 93 V I .-Judici-tl Power. . ., . .' ...... -. . . . . : . 128 VII .---Itcvcnuc and I• :xlunditurc...... 133 V I I I .---M ilitia anci I )cfcnce...... 138 ~ Bibliographical Note ...... Iq t

FO IJ RT I I PART.

TIIF, PROVINCIAL (s()VF.RNhIFN'I'S.

-l:xccutivc Power ...... 145 H.---Lcl;islativc Power ...... '...... i55 II1 .-Mtittcrs of Provincial Lcl;islation ...... , 16 .-Judici,tl l'cl%%•nr . 3 • IV ...... 170 V.---VI .-C.ow-ts of Law ...... r ...... 1 77 VIL•-Trial of Civil and Criminal Cases ...... I97 ,VII I.-~I'rovincial 1Zcventtcs ...... °...... 211...... Bibliographical Note ...... :z 1 6

l?II~"l'Ii PART. . ;

MUNICIPAI . GOVERNMENT IN THF, PROVINCES.

I,-.-I I,---Nature of the Municipal Systc,tns in the Provinces . . 21q I3iblio$riphical Note . . , ...... : , , . . . , . . 24Q CONTENTS . ( • x i

J SIa'l'II YAR'l'. ,

SCIioOL GOVF.RN B tF.N'C ,IN THE PROVINCES . CI1A1'TP.R . I .-- Public Schools in Ontario and Qucbcc ...... 'A`N, I I .-1'ublic Schools in Nova Scotia, New Brunswick 'and' 243 Prince Edward Islancl ° . . . . ' . . . . ;. . 25 4 M .- Public Schools in Manitoba and British Columbia ...... 261 .13ibliobraphic;cl Note ...... •...... 264

SI?V ISN'l'I I l'A l~'l'.

( ;()VI?RNMFN'1° IN 'l'111: NOItTIiWI•:S'r T1_RttITORI E i 1 .--( ~o~ crnn~cnt ...... ° ...... •21x I I .- Public 9 I,;Incls and In(Ii;ins ...... ~ } 275 13il~liobral~hical Note ...... ° ...... 2 8 0

'l'hc Uutics and Reshonsihilitics of C t ;ctiacli~n Citizcns ...... , 28 1

API'I?NI)1Y° The Coqstitution of the ( I)ominilm of Cvia l~ ir th 13 ritlsh' ' North America Act, 1867, and ~Xmcnding Acts ...... ' 289 ♦ v U ~ r~ut . 1 . Autograph of Samuel Champlain ...... 13 2. Autograph of Covernor-Gcncr ;tl Murray ...... #* , , , 15 3 . 01d Bishop's Palace, Quebec, whcrc First Ynrlian>cnt of Lower ('anaclct met in 1792 ...... 18 4. F irst I'arli:unent Building, Toronto, t7g6-i8t3 ...... 20 5 . Autograph of Lord Durham ...... 23 6. Nova Scotia Province Uuilciin g .'...... 28 . Prince Edward Island 7 l'roviruc Building ...... c ,;o R. Legislative Building of Ncwfounilianci ...... :t . . . 3 1 9. Autographs of 1>clcl;;etcs to Quebec Federal ('c>nfcrett c e of rhGq ...... 36-37 10. The Royal Stunclaict (4f Great Britain â nci Irc l;►ncl ...... 46 t t . Westminster l'alacc. S(> ...... t . . Autograph of Queen Victoria ...... Go 1 3. Autobial>hs of ( : m crnors- G cneral since ► 867 ...... * . . . . 75 r q. The Great Sc: I of C a n a d a . . . . . ► ...... 87 15 . Dominion Coat of Arms ...... 89 j6. Red Ensi6n of Canada ...... cp I a 17-- ,1 9 of`thc G c>ve rnor-Gcncral ...... qo 1 8. Parliament ituilcliPl; at Ottawa ...... 92 19. lnterior of the Ottawa IIOUSe of ( .onlnlons ...... c 20. Dominion Ballot Paper ...... 103~ 2 1 . Legislative Building of Ontario ...... 1 46 ,2 2. Legislative Building of tlucbcc, , , , , , , , , , , , , , , , ,~ . . . . , tso 23. Flag of I .icutcnant-Covcrno rofUn t:yi u ...... 153 24. Provincial Arms ...... , , ...... t54 [ xiü ~ .1 aiv LIST OF ILLUSTRATIONS ANI) AUTUGItAI'I1S .

25. Manitoba Legislative I3uildin PAO& g ...... : ...... 158 26. British Columbia Lcgislative, lit, ilciinb ...... 162 k 27 . New Brunswick Legislative I3uilcling ...... , t66 28. Osgoode Hall, Toronto ...... ~...... '...... •. ". j86 29 . City and County Buildings, Toronto , . ,. . . . , ...... 221 30. City Hall, ;1lontrcal . . .' . . " ...... " y. " . 227 it . City Hall, Winnipeg ...... 235 32. Upper Canada College, Toronto ...... 244 33., Entrance to Toronto University ...... 249 .34. Iiarborcl Street Collegiate Institute, Toronto , . , , , , . ; , , , , 256 . 35. Ryerson l'üblic School, I iamilton ...... " 262 36. jJi,itirr;ns of Land Sections in the Northwest ...... 275-276 41

• F! IZS'l' , PA W j,,

GIZOl~'"I'l i O1~ 'FI! 1; (.)O~15'['I'I'~'I'IO N

c If ArfM.R ~ PAI: N I . --I11 :FINI'l'1t)NS OF WOKUS A\1)' I'IIHASES USF1) IN 'I'111 5 I{l)UK ...... ' ...... A...... I 1 .-l'~~cl'r cnl . G k<~ WTn ur ► CANADA . . . , , ...... tu UUTLINE ., ...... 1 3 • VI .-I'EI)F.NA1 . UNION . . ,,, ...... 33

. . % 4

I MAP OF THE, DO M ENC RA% H O .W CANA D DR j • C• Bou F

• TNE CoPP • C,A ► TOR O

~•-_ . . ._~ ~~_,, -~~ .= ...__._ _ ._._ .. . 1~i11 . ~ ...... --- : --- .~ __~c~+^ :_ - JMIIN I ON OF ÇÀEi • WJIRAV D FOR • , ' AD I5 COVERNED : . . a . . 30U IN,OT, C .M .C . --

• ClA P- ► Co., L I ►A ITED, ' TORO TO . '

0 k:

100 p

i t

I--~0~1V CANADA IS GOVEIZN ~ D

Cl'! t1 P."1' E.lt I . I

DEFINITIONS OF WOkDS ANI ) PHRASES USED IN 't'i1IS BOOK .

J1 . 11111nduclic>rt.-.?. G0710-11rucvtl .-~. I,cru, rf the Land. ' . I::r- ec'rrlite, l.c;~i.,•lalimr and Judicial !'owo•rs .-S. Aclministrcrlti,n . -6. l'cu'lictruettl.- y. CuttclrrsicItt.

1 . .- Introduction. I IN the course 'of this book it will he necessary to usc certain words an d phrases which are coitstantly in the nu~uths of thiosc who sl>e, k k of the institutions of i;overnment in At country . Among these words ar e it goverllnlt'.llt,'r " law," " constitution,' administration," parliament," "exCctltlve power," "lCglslative power,", and " judicial power," the meaning of which it is important to exhla,i,wat the very coin menccnlent, so that the reader may thoroughly tunderstallci the subjects . which this book professes to treat . It is always difficult -indeed in some respects impossible-to give,a short -and exact definition of terms of government which cover so vast agrciund of human experience as those in qucs- . tion. All that' I shall attempt to do is to gibc sttch explanations as will suffice for the intelligeltit reading of it book-which is not written for the scholar, or lawyer, or P ] ll l,F IN I•l' ION S.

profcssor, who lias mastered thcsc subjects, but for the stuclent entering on the study of Canaciian "l ;ovcrnmcnt and for that large body of people who are absorbed in the en4rossinl; - cmployments of life and 'have but few opporfunitics for readinl; of this class. ,

2.-Government . In every orgranllc(1 society or cômmunity of person s like the Dominion ` of Canada, there must be some machinery, o r system of rul es, by w h içh the incliviclual actions of the members com posinl; that socicty, ancl their relations with one another can be regulated for the t;ood , of one and all . The machinery or system of rules which performs this all im portant work is called The Govern- ment, which, followed to its old Greek origin, means to steer the ship. To steel- " the shi p of statc''---th<

41- a bEH INITIONS.

, municipàl government which provides for the comfort,' çonvenience and sccûrity of the inhabitants of cities, towns, 'villages and othèr municipal divisions . All the schools of a province, whicli are supported by provincial moneys and municipal taxes, are also subject to a syste m of well-considered rules or machinery 'of govclrnment : Accordint;ly from the suprcr govcrnmcnt in England which administers o , erintènds the affairs of th"' whole empir wn to the little village council in a Province, y~llich imposes taxes and provides for th e general rccssitics of' the citizens within its municipal control, we see how many forms enter into the machinery of the governmçnt of Canada. t

3.-L aw of the;- Land. . . The principal duty of cvery governmcnt is to execute or carry out ' Ï kc ta zu of 1hc land. .. ,In its general sense the law is a collection of rules and ordcrs, im posed by an established 'and recol;nized authority for the conduct of persons living in a, political socictÿ or community. The fact that there is a Ifovern ment or power behind this •• law tp enforce it,' whenever necessary, is what really gives it strength . The law - may`be' either written . or unwritten, and it is both in Camïda. • The làw which regulates the system o f federal union, gqierally known as the written constitution, or British North America Act, is a written law or statute passed in 1867 by the supreme power of the empire, the parliament of Great Britain and Ireland. In ' addition to that written constitûtional law, there are numerous constitutional rules, usages, and undeCstandings, which have the force of law since they are accepted by common consent for . - .1 ' • EXECUTIVE, LEGISLATIVE AND JUDICIAL POWERS . ,~„hp'direction of parliamentary or responsible government ; which regulate the fôrmation or resignati'on of a ministry, for instance, as the writer-shall explain fully hereafter (sec Third Part, c. r, sec. 6). All the methods of government which have been, briefly described above, monarchical, parliamentary, representative, federal, are secured and regulated by this claborate sÿstem of written and unwritten law and rules, which forms the constitution of the Dominion-in ohher words, a body of principles constituted or establishccl by the supreme authority of the imperial state in accordznce with tlie wishes of the people of Canada . Then there is the statutory law of the land, made up of the numerous statutes or legally . ordered acts * of the legislative -bodies on the many subjects under their ccsntrol . Then there is that vast body of'rules and usages and judicial decisions which have come to us from England and comprise he common law of the country .(see tFourth Part). The sys%m of law «•hich we possess is consequently very complicated and the result of the -eXperiences of many centuries Enf . I3oth ;land and France have contributed thM experiences to our system, and we have built on that foundation a large body of rules adapted to the conditions of a ne country. w

4•-Eaeotitive, Y,egiela,tive, and Judicial • ~ Powere., The law regulates the division of the pow,ers of govern-, ment into what' are known as the executive•, legislative, and judicial departments . The executive` power carries Statute comes from the Latin wor(I s, tstablishccl, set up . meanrng o nlcrcd, ., . . . 6 llI,FINITIONS.

out and enforces the law of the land by the machinery which ' that law affords. Frqm the governor-general in council of Ve Dominion and the lieutenant-governo r • in council of every province-or the supreme 'executive powers of Canada---ciown to the humble constable or peace officer executing a writ or order of a court, there is a large body of public officers engaged every day i n ~ enforcing the l aw of the land in accordance with the rules and usages laid 41own for their direction in every case.' The legislative power makes law and alters it in Canada in accordance with i the powers granted by the constitution or Jundamental law (sec above p. 5). ' In the Dominion there is a central lc~islative power or law- making body called 'a parliamcr~t-a name we derive from England ( sce belou) p. 7)-aiId in every province • there is also a legislature with law-making rights, as well as municipal councils having certain le(T islativc powcrs withiritheir municipal divisions (see Fiftk Part). The • judicial power applies and i;ivA a meaning to the law = whenever disputes come before the judl;es in due form . This judicial • power is rehresented by judges and courts duly authorized to admi n ister justice and explain the law in such forms as the law has ordered . '

, If ' 5.-Administratiom . • Another word which is sometimes used for "cxccu,tivc" is administrative. The body of men whô carry on the government is often called the," administration," and with some reason, since it is their duty to see that the dutiés of their respective departments or branches of government are carried out in ac~ordancc with law. For instance, it is the dut' of the minister of customs, and the collectors at ~ PARLIAMENT. ► ~ 7 every port of Canada, to, administer the law passed 'by . parliament for the regulatiôn'and collection Qf duties of customs - on goods coming into Canada from other countries. It is the duty of the minister of public works, and of the engineers, architects and clerks under his control, to look after the construction, repairs and maintenance of public buildings, like post offices and custom houses, and administer the affairs of the department generally. It is the-duty of the commissionçr of crown lands in a provincc to carry out the regulations for the sale of public lands and the licensing of " timber limits," and to administer all the functions devolvin g upon' his department by law . It is the duty of the warden, mayor or other head of a municipal council to see that the affairs of his' municipal division are administered in . accordance with the general municipal law and the special statutes or by-laws (sec Frjth Ptirt) l;ovérninl; municipal divisions. A public official, in administering the law, acts of course on his own motion , in accordance with its rules ; a judge, in administcrin - the law, does not act until he is called upon to do so by a case or proceeding which comes before him in htS court in such~ form as the law directs.

E• •-Parlia,MOnt. The name 'of that great legislative body which has performed so rcniarkable a part in the history of I!"nf ;land, and given a desil ;nation to t}ie principal law-makinl; body ,of Canada, is said by opc of the highest authorities, I'rofessot Freeman, to bp simply the Norman French translation of an olcl phrac which goes back to the tim e of W Il i iani .the Conqucror. That king is said. in an old ~

11 8 llEFIN tTIONS.

' English Irec-ord or chronicle to have had " very ' deep speech "-a¢arlemènt-with his national, or commo n council (in Latin, commune concilium) . This deep speech, or parlement was "consequcntly a distinguisbing feature of a meeting between king and people, and in the end it gave its name to the assémblÿ, .' -which has, in the course of time, assumed the soniewhat\e~anged form of parlia»ient (in low .Latin parliamentum). The name of the IIouse of Commons-that body where political, power now _ mainly restsl--does not at all mean that th e i, I great mass of the people of I :ngland, " the commonalty," - was ever representeri in the early national assemblies. On the\contrary, ,tiu word " commons " was restricted in mcaninn to a small and special representation of knights of shires or counties, and of burgesses or citizens of a few towns or boroughs, and cities, whose local bodies- called communitates in lr,al Latin documents, because their memhcr; had certain privileges in common - eleqed, the representatives in question . Gradually the terni ." commoais " came, as a matter of convenicnce, t o mean thosc classes of thc .pcoplc who were not lords of parliament, and were nQt sunimoned to the tipper house, but could be elected to the lower or cômmons branch . ~,yen the sons of lords of 'parliament becamc commoncrs-ioentificd with tlhc mass of people . In this way,, thcrc grew up two h scs of parliamcnt : one representing the classes or estates ca " lords spiritua l and tei4oral,"-pccrs, .ar~hbishops and bishops,-and the other, that esfatc which takes in so many people and is n(*)v called the Commons of 'Great Britain and Ireland, In Canada therc has never been such distinctions of "estates" or classes . The legislative councils of th e i

PA 1t I.1 AM t•; N T. . 9 _ . ~ provinces, and the flfesent senate of the Dominion, or upper houses nf our parliaments, differ from tlie lower or cornmôns' hou;es of Canada only in consequence of their appointment by the governors, representing the queen, and of tlicir not bcinn elected by the people who have a right to vote for rc proscntativcs. Undcr the laws that now prcvail throul;ho ut Canada for the qualification of voters, .tll clâssc ; and interests ca n be represented in our legislative b(ljes . In fact, the representation of the comrnons or the people is far more liberal than that in the parent state, despite the great adv,inces thàt have been made in this dircction duriii g the last sixty years-the period of the- reform of tlit~ Ln~ljsh parliamcnt.

7. -Conclusion.

I lowcvcr impcrfect the furel;oi nr explanations may be, it will be we ll for rny reader to bear thcrti,,jn m inci and to refcr to the t n whilst studyirif; t h is short review o f the', governmental institutions of Canada. Other wo rds and phrases that apply to the dctAils of government will be more conveniently etiplained according as each branch of the general subject comcs up in. its proper place.

; ~ No

CI-i.APTER II .

POLITICAI. (dROWT}I OF CANADA .* I I

z. The Dominion of Canadc :. 2. Plan of the Rook.-3. P.errods of l'olitical Dez,elc»fent. _

1 .-The Dominion of Canada. . ;~ Th~ Dominion of Canada forms one of the most important dependencies of the most remarkable en> >ire % known to the hi5tory of thcr w0c 1 .1 t Its 'properly c llcd a dependency because its government,'thout;h coml lete within itsclf, is necessarily dependent on and subord inate to the supreme authority of Great Britain, tviLosc dheen and parliât'rtent -preside over the whole empire. ÎDominion comprises at the present time the provtn5cs of Prince Edward Island, New Brunswick, Nova Strotia, Quebec, Ontario, Manitoba and British Columbia, as well as a vast area of territory in the Northyyest divicleo into five districts of government . These provinces and'territories are closely connected by a political system câlled a federal union, to which, as a whole, has been I;ivn the name of~a I)omr'nion from the fact that it forrims a part of the dominions or dependencies subject to the!, - . ver~iment of the queen and parliament of I?ngland . It, has a population of five millions of souls, of whom two ntillions and a clua'rtcr live in the English province of A)ntario, formerly known as Upper Canada ; a million andfa hâlf

• The word Canada is a memnri.ll of the time when the French discoverer, + Jacques Cartier, found that the Indian inhabitants on the banks of thé St . Lawrence called their village-, h'rn,r,rta, or a collection of huts. 'I ' (to I

. l'I .:AvU F THIS,~ NVORK .

in the French province of Quebec, formerly known a s Lower, Canada' ; nearly a million in the maritime provinces of Prince I?dw,zrd Islan(l, New Brunswick and Nova Scotia ; one hundred and se%-'enty thousand in the province of Manitoba, one hundred thousand in the province of British Columbia, and about the same number in- the -Nortliwest Territories . In the province of Quebec there is a F~cnch population of about a milliQn and a quarter of soills. In the maritime provinces there is also a French Acadian population of over 'a hundred thousand souls . The remaining and larger population of Canada is almotit - entirely of E.nl;lish, Scotch \or Irish origin. Of the wholc population of Canada, nearly two millions of souls are Roman Catholics, of whom two- thirds live in the province of Qiebcc . Nearly three millions are Protestants .

• 2Plan of this Book

. I propose to, show the nature of the government o f this federal union of provinces ; in other words, the nature of the political m ;ichin ry which regulates that 4 political society or éommunit of people, who . live in these several provinces and crritories . ~ My object is simply to I;iv6 such it concise and impartial account of .1 the nature and workiril; o f the executive, Iel I ;islativc and judicial machinery of government as «•ill be easily understood by the N'hOle community, olcl and )toung, men and women, and at the same time show them all that the institutions of Canada are, rilcwlâted to render the people, irrespéctive of race or religion, happy " and prosperous t;s, long as those institutions are worked out, honestly anl~ wi~;ely by those who have been chosen b y r 1,2 , POLITICA L

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

3 .-Periods of Political Development. It is necessary that I should at the outsct briefly trace the most important steps in the political dcvelopmetit o f the several provinces cornprised in the present Dominion, so that every one may the more clcarly understand the origin, and nature of the systZm of govcrnmcnt which Canacliaiis now possess. I shall first refe r to the political history of the large country generally knciwn as Canada until 1 867, and now divided into the two provinçes of Quebec and Ontario. So far there have bcen four complete Pc'riods in the political history of those provinces : , i . The Period of French rule, from IC~oiS to I 7 59-6o or the l'criocl of absolute (;overnntent:~ 2. The Pcr~)cl from 1760 to 179 t, when rcprescntativc and legislative institutions were cstablishéd . 3 . The l'eriod from 1791 to 1840, when rcpresentativc institutions were slo w ly tlcvelo pint; into respori-, s jblc or complete local self-govcrnnicnt . 4 . The Period from I 840 to 1867, during which responsible government was established in the fullest sense of the phrase, and the federal union was Gnally accomplished •4s the nltural result of the extended liberties of the peol)lc• . Sinee 1867 Canada lias entered on the Fifth k'eriocl of lier political history as a fcclcratibn, the natitrc of wh'osc institutions of l;ovcrnntcnt will bc explained in the chal'- ters following the historical revieW . I

.CIIAPTEIZ III. I II ISTORICAI . OUTLINE .

1. French-ride, f608-r76o .-2. Isn~rlish rule, 1760-1791- V / 1

- French Rule, 160, 175960. The countrÿ watered by th St. Lawrence and the Great Lakes of the XVest ; and ow divided into the pro- vinccs of Quebec and Ontario, nd known as Upper and IAmer Canada before Confcyleration, became the colonial possession of Frâncc by the right of Arst discovery and later settlcntcnt.`~ Jacclt~ts (Janics) Cartier, a bold sailor of St. Malo, in I-ran c, lan( lcd at Gaspé in 1534 and sallcd uI) the St . I .atvrtncc iri 1535, or more than forty ycars after the dis4ovety of America by Columbus . It was not until IGoS, howevcr, that Samuel Champlain, of Brouage, on the ]3ay,o~ Biscay, commenced the build- inl; of a town amid the rocks of ancient Stadaçond-

I, . the name of a famous Indian hamlct of the days of Cartier-and actually,laicl the founciations of the colony ' which has clevelohed~into the province of Quebc G Canada was for some ycars under the control of com- ,mcrcial companies to whom the" king of France gave exclusive rights ovcr the fur trade . By 1664, however__ , 1131 1 14 ~~ HISTORICAL OUTLINI;. the rul'e of commcrcial companics came to an end and the k~ng established a regular government in Canada which became a mère province of France. In Canada as in France the head of the provincc had only such pokers as were expressly givenhim by the king who, jealous of all authority in others, kept him strictly subordinate to himself . The governor had command of the militia and troops ; the intendant was an official, almost equal to him in rank, and of larger authority in the colony, since fie managed its financial affairs, and acted also as jud,e and legislator . • A council, exercising legislative and judicial powers, assisted the governor and intendant, and . acted as a colonial court of appeal in civil and criminal cases= the king himself in council being the supreme court of last resort or reference. Justice was administered irt cases of property and the ri ghts of individuals in accordance with the custom of Paris, or the French system of law which is still one of the institutions of French Canada . (See Forerlh Part.) ~ The bishop was a member of the council, and the IZoman Catholic Church became established by the decrees and ordinances of the government. The parish became a ~p istrict for local as well as church purposes . Tithes or r►egular' charges for the support of clergy and church were rnposcd and regulated by , ' the ordinances or statutes f the t;ovcrnment. All education was under the control of the church and its numerous religious bodies. An ffort was made to establish a. class of n 0bles by the granting of large tracts of l and to 'lords'(se{Vteurs) w io granted them to cultivators of the soil (habitaus) on colidition of receiving certain payments . The king and côuncil of state kept a strict- supcrvi5ion over the govern ►ncrït of the colony. , - ~ ENGLISH RULE.

We look- in vain for evidence of popular freedom in those days. Canada was never allowed representative governmènt. Public meetings of all kinds were steadily repressed. No system of municipal government was established, and government was in every respect autocratic.

2.-English Rule in Canada, 1760-1791 . From the surrender of Quebec and Montreal in 1759- I76o to the Enl;lish military forces dates the commence- ment of a new era of political . liberty in the history of French Canada. Canada fornially became a possession of I?ngland by the Treaty of Pari~S, of 17E3, which allowed the French Canadians the free exercise of their religion . From 6 to 17 0 1763 there was a military govcrnment a s

a necessary result of the unsettled condition of thin gs in a country that had suffered so much from war. Then King George III . issued a t proclamation-a formal announcement of the royal % will - whicli established the first system of I?nglish governnient in the new possession of England. The people were to have the right to'qcct representatives to an assembly, but the time was no t -• Ir"' •"• " a111!~;aburL 01 puDItC l i berty, if indeed it had been possible under the instructions to Governor- a

I6 / • IIISTOIZICA). OUTLINE. I

General Murray which required Roman Catholics-then the great majority, atrci in fact the people generally of Canacla-to takç the samc oath which prcvctrtcd , their co- rclit;ionists in Eng land sitting in p4ltalllent. The governinent of the province was carried on for ten years by a govcrnor-general,aiclcÉl by an executive or advising coi~ncil, composcci of * a few English officials and inhabitants, and only onç French Can.jdian.' The' ordinne ► • or la«s, Iassccby the gqvcrnoranc council, crèated much discontent amon g the French Canadians, since they practically laid aside the French legal system to which' they , had been always accustot>,iccl, and establtshe(l the commoit law of E-ngland . . In 1774 the pârliament of Ltif;lancl passcci the Quebec, Act, which gave the ti rst constitution to the p cw province. - The government was entrusted to a governor atici legislative council appointed by the . king, and the schcmc of an elected assembly was postponed as " i neYheciient," under existing conclitions.. . The French Canadians were not

I yet prepared for rcpresetttative institutions of whose workin g they had never any practical knowl ecigc, and were quite content for the time being 'wlth it systenl which brought so me of their leading men intq the legislative council . But what made th e act so popular ine French Canada was the fact that it placed the French

T `Onlinance is an old French woni, which itself cornes from the Latin ordimirt, to order 'or regulate, and is bcncrally applied in Canadian constitutional history to a legal order of the governor and councll-a legislative body of only one house-common to all the colonies before the concession of a complete system oT representative government . ' The aéts of the Northwest licutenant•6ovcnnor and assembly are still called ordi• nances (sec Scvenlh P~rl): 0

8 •

Î ENGL;SII RULE. 17 Canadians or Roman Catl o ic population on the samG footing as English Canadians or Protestants-, confirmed thcir right to full freedom of worship, allowed the church as a body to'retain their valuable prope'rty, and restored the French civil' law with respect to property and individual rights . The criminal faw of En -land was, however, to prevait throu ghout the province. In the legislative council both E' nglish and French were used, and t he ordinances were drawn up in the same lan gu .i, 'cs: • The go vcrtior-t;encral was assistcd in the work of g overnmerit by an,advisory body of fi ve persons--chicfly members of the le~islative council--who were chosen by himself a n d called a privy council, in imitation of the council that so long surrounded the English king. (See Second Part, c . 1, scc. 3.)

/ CHAPTER IV. ' • , HISTORICAL OUTLINE-Conlinued Immigration of United Enrpire Loyalists .-¢. l',epresenlalive Institutions in Upfier and Lower Ccrnad,i, "1792-18¢o .- 5. Period of Responsible Governmenl, ,rS,to-lS67,

3- lmmigration oP the U . E. Loyaliste. . While the Quebéé Act continued in force, there was a very important immigration into British North America of some forty thousand persons known as United Empiré Loyalists-that is to say, nlen loyal to British connection- who decided to leave the old English Thirteen Colonies (now a portion of the United SItates),' when they declared themselves independent of England . These men laid the foundations of the provinces now known as New I3runs- wick and Ontario, settlcd-,•a considerable liortion of Nova Scotia, and exercised a large influence on* the development of representative institutions in their new homes.

4.-Representative Ina,titutions in Uppèr and Lower Canada, 179t,-1840. The Quebec'Act lasted from I774•~to 1791 , when English government the . agaitl interfered in the affairs of the ~rovinces . By . this time • there was a rapidly increasing English population in the western parts of the country, and difficulties were constantly arisillg between . English and French Canadians •on account of the ) lega, l [r9 . V

20 • IiISTOItICAI, OUTLINE .

system not being made sufficicntly clear . The British government considered it the wisest policy to form two separate provinces, in whicli the twô races could - work out their own futurc, as far as practicable, apart from each other. , z V By the "Constitutional Act," passed by the imperial parliament in 1791, the people were represented for the first time in an assembly cléctcd by themselves. The ~ act provided for a governor- ;;eneral in Lower Canada and a lieutenant-governor in Upper Canada, both appointed by the sovereign. In each province there was an executive -or advisory body, chosen by the governor of the provincè ; ~r a. legislative council cli~sen in the same -way, and a n assembly elected byithe people in certain districts on a fi~ restricted franchise. Memhers of both houses had to hold property to a .f xcc~amount or loge their scat . s~ /

.. -, ~_•~ ~-, . -.:~,__~...,._.,..~~_, ~ • , , :

.•• .

i'IRST PARL ► AMb:NT , BUILDING S, TORONTO, 1796• 1 813. The great object of the act was to give to both Upper and Lower Canada a constitution resembling that of England as far as the circrimstances,of the country could permit. After an experience ôf',some years, however, it was clear that the, constitution' of 1791, though giving . ,~ CONSTITUTIONAL ACT ÔF I 791. ~ ZI

many privileges, had one source of weakness ' since it professed to be an imitation of the English system, bu t failed i a a -~mportant principle which the experi- en ce f Englind, has proved to be necessary"~for the sa 'sfactory workin~ /f' the several branèhes of government ; that is to say, the principle which requires the advisers or ministers of the head of the executive-in o1her words, of the queen in England, and of a governor- gencral or lieutenant-governor in CAnada-to be chosen from the political body that has a majority of the people's representatives in the electcd assembly, and to be esponsible at once to the queen, or governor-general, or fieutenant-govérnor, and to the people's assembl for the work of administration and Iegislation . The E~~lish, Canadians in Upper Canada evefitually understood and pressed for the adoption of this principle, but the French Canadian popular leaders appeared to consider the radi- i cal remedy was the election of the alipointed legislative council which was generally in Frcnch,' or Lower Canada in conflict with the elected assembly ._ For some years, previous to 1840, when a new constitution was given to the two Canadas, there was a " war of races " in Lowcr or French Canada, where the French and elected clemcnt predominated in the assembly, ' and the English and official or ruling clemcnt in the Icg'islative council ., The execut ive governmenta and legislâtive council, both nominated by the crown, were virtually thé same body in those days. The ruling spirits in' the one were the ruling spirits in the other. In 'this contest of race, religion and politics, the passion* of men becap~e bitterly inflamec~ and an impartial historian must d~pre- cate the mistakes and faults that were committed on

,~ . , . . .' . 22 ~ HISTORICAL OUTLINE.

both sides. . But looking at the record from a purely constitutional point, it must be admitted that the majority in the assembly were right in contending for the control of the -public expenditures in accordance with the principles of English parliamentary gov~rnment . The voting of money is essentially the privilege of a people 's house, though no measure' can become law without the consent of jhe upper house, whi~h may reject, but cannot change, 'a taxation or money bill . Another grievance was the sitting of judges in both houses . - It was not until the assembly deluged the imperial parliament with addresses on the subject, that' this grievous defect disappeared from the political system . In Upper Canada the pôlitical difficulties never assumed so serious an aspect as in the French Canadian section. No differencelof ~ race could arise in the western province, a d' the, question of money and expenditure gradually narranged , itself more satisfactorily than in Lower Canada, but never heless the people at large had their grievances. An fficial class, called sarcasti- cally "a family compact," lie d within its control practically the govérnment of the province . The "clergy reserves question," which t;re% out -of the grant to the Protestant Church of Canada o~~ large tracts of land bÿ the Constitutional Act' of 179 , was long a burning question in the contest of pa~, ties. The Church of England and the Church of S otland alone ` derived advantages from this valuable sou c of revenue. In those times of popular agitatin, the great danger aro'se from the hôstility of the two rl~ces in the political field as well as in their social and p blic relations. At , last, the political difficulties in Fre ich (~anada ended • N 4

e ' POLITICAL CONFLICTS, 1792-1840. 23

in the rebellion of 183 7-38, = led by Louis Joseph Papineau, and Wolfred Nelson, the leaders of the popular party. This insurrection never extended over any large section of the French province, btit was very soon repressed by the vigorous m~asures taken by the civil and military authoritics . In Upper Canada, the popular N leader, William Lyon Mackerïzie, attempted to excite a rising of thO people against the governmént, but it never made any headway, and he was obligèd to find 'refuge in the states of the American federal republic . The result was the suspension of the representative constitution given to Lower Canada by the act of 179 1 , and the government of the province from 1838 to i 84o by a l;overnor-I;eneral and a special council appointed by himsçlf. The most -important fact of this time, on account of its influence on later constrtutiorlal changes, was the mission of Lord Durham, a distinguished English

•.~------~---~s statesman, who was authorized by the imperial fiovern- ment to inquire into the state of the country as governor- • general and hil ;h commissioner with large powers . Few state papers in English hi-itory bave had greatcr influence on the political dCVeloprllent of the colonies than the. report which was the result of his 'judicial survey of the political condition of all the provinces, of Briti*sh North America . . On no point did he dwell more stron 9ly than on the necessity that existed for entrusting. the government to the hands of those in whom the representative body, or people's house, had 24 , HISTORICAL OUTLINE.n confidence. The final issue of the inquiries made by the imperial gpvernment into the affairs of the country was the passage of another act in the English parliament providing for avery important constitutional change,in Canada. ~• 5~Period of Responsible Government in Canada, 1840-1867. '` The act of 18~0, which reunited the provinces of I Upper and Lowerl Canada under one governmcnt, was the commencemen~ of that Fourth Period of political • develoj)mcnt whicl lasted until i 86Z. The French Canadians looked upon the act at first with much suspicion . The fact that' the Vrench lmnguage was no longer placcjo on thc'same footing as Fnglish, in official documents and parliamentary proceedin-s, together with the •fact that Upper Canada had the same representat i as Lower Canada in the asse[nbly, despite the' largcr ' population of the latter section at the time of uni\n ., wa considered an injustice to the French Canadians, against which they did not fail to remônstratc fôr, cars : But so far from the act of 1840, which utlited ~he Carladas, acting unfavourably to the French Canadian people, it gave them eventually a predôminance in the councils of the country and ' preparcd the way for the' larger constitution of 1867 which has handed over to them the contra of their own province . hrench so~in^became the 11 offi~al language by an amendment of the ûnion act, a nd the clause liroviding for equality of represei4[tion proted a secur►ty to French Canada when the uppçr province increased more -largely in popula~io than' the French Canadian section . The act of 1844was framed on .the

1k 4

RESPONSIBLE GOVERNMENT . 25 principle Iof giving larger political privileges to the Cariadians and was accompanied by instructions to the govérnor-general, Mr. Poulett Thomson, afterwards Lord Sydenham, %ohich laid the foundation of responsibleJ government . It took several years to give full effect to the leading principles of parliamentarygovernment, and it was not until the arrival in 1847 of Lord Elgin, one of the ablest governors-general Canada has ever had, that the people enjoyed in its completeness that system of the responsibility of the cabinet to parlia,ment without which our constitution would be unwoŸkable . The Canadiàn legislature was given full control of taxation, supply and expenditure in accordance with English constitutional principles . The clergy, reserves difficultyi was settled and the lands sold for public or municipal purposes, the interest of existing rectors and incumbents being guarded. The great land question of Canada, the seigniorial tenure of Lower Canada ; as disposed of by buying off the claims of the scigniors, and the people of Lower Canada were freed from exactions which had bëcorrie not so much onerous as vexatious, and were placed on the free footing ôf scttlers in all the English côininunitics of 'flmcrica. Municipal institutions of a liberal nature, especially in the province of Ontario, wére established and the people of the two provinces enabled to have that control over thcir local affairs in the counties, townships, cities and p~irishc:s, wbich is necessary to carry out public works indispensable to the comfort, health and convenience of the 'éommunity, and to supplement the efforts made by the legislature, from timé to time, to provide for the gencral educaticin of th • country e . The 6vil sçrvice, which necessarily plays- s o

, k

26 HISTORICAL OUTLINEt

important a part in the admirittration of government , was placéd on a permanent basis. The legislative union did its work until the political conditions of Cap ada again demanded another radical change. in keeping with the material and . political development of the country, and capable of removing the difficulties that had arisen in the operation of the act of 1 84o. Thé claims of Upper Canada to larger representation - equal to its increased population since 1840, owing t o the great immigration which naturally sought C i a rich and fertile province-were steadily resisted by the il French Canadians as an undue interference with the security guaranteed to them under the act. This resistance gave rise to great irritation in Upper Canada where a - powerful party made representation ; by population their platform, and government at last became practically impossible on account of the close political divisions for years in the assembly. The time had corne for the accomplishment of a great change foreshadowed by Lord Durham, Chief Justice Sewell of Quebec, Mr. Howe of Nova Scotia, Sir Alexander Galt of Câ n ada, and other public men : the union of t1te provinces of British North A merica . But before I proceed to refer to the restilts of the .- convention of 13ritish Amcricanrv statesmen that met at Quebec in i'864, and framed a system of federal union, it is necessary that I should first refer, to the progress of popular governmént in tlie maritime provinces, so that this historical sketch may be made, complète until 186 7.

• i 1•

41.

CHAPTER V.

HISTORICAL OUTLINE-Com 4ded

6.-Mariti'me Provinces : Nova Scoliü, Brunswick, P. E. Island, and Cape 13reto~J, Iql¢-1867. - . Newjou~utlana;

6 .-Maritime Provinces, ~714-1867. Nova Scotia, New Brunswick, and Prince Edwartl Island were formcrly pôrtions of the French domain in, America. John 'Cabot, "a Venetia ln the employ of Henry VII . of Enlat~d,b appear sal l to ..have discovere d Cape Bretori- and Nova Scotia in 1497 and 1498, but the i French were the first to make a settlement in 46o5 on the batiks of the Annapolis Basin )1Vova Scotia, New Brunswick and a' considerable pa t of Maine were in • thip qays' of French rule known aAcadie,* an Indian namd. Mhe present mariAime p ovirlices bccame the possession of England by the, trca~ics f• Utrccht (1713) and of Paris ,6763) _ . None of thesg' provinces ; were ever given written constitutions py thc parliament of Great .13ritain, as was the casé with ôld Canada ; ; tiut to all intents and pùrpo5cs they cnj ycd, revious to 1867, as complete a system of self-go~crnmc~t as that large proviti ce. Their constitutions n•uS t sought'be ` in the commissions, of the lieutenant-g vernors,~ despatches of ~• i .

* Akid< mezns a place, and was\always ugeci in connee ion with another Indian word showing sonic featuré of the lixality . "l'hu Anagwâkade is ,. Whitey . Place or Point,. t I 22 77

I 28 HISTORICAL OUTLINE. the colonial secreta ry of state, imperial statutes, and various official documents, which granted in the course of time a legislative system and responsible government•~. . In Nova Scotia, from 1 713 to 1 758, the provincial - government consisted ,of a governor or lieutenant- governor and a council possessin g both legislative and executive powers. A leg islative assembly sat for the first time at Halifax on the 2nd October, 1 758, or thirty- four years before representativG assemblies met at New- ark (now ~ Niagara), the capital of Upper ' Canada for several years, and at Quebec, the capital of Lower Canada.

4} ►^`.iJ

NOVA SCOTIA PROVINCE B UY LDING .

New Brunswick, founded by Loyalists, was separated- from Nova Scotia, and created a distinct province in 178 4. • Its first government consisted of a ' Iieutenant-governor, MARITIME, PROVINCES . 29 and a council having both legislative and executive funcl:ons, and an assembly elected by the peop e. At the time of the outbreaks in Upper an Lower Canada, 1837-8; therc was still a considerable amount of issatisfaction in the maritime provinces, arising from the ' • xistence of an irresponsible council •exercising execu- ive, legislative and even judicial powers, the constant interference of the impcrial novernment in purely loca l -matters, and the abuse of t) e powers of the representative an~l e*ccutivc bodies ;~ut if there was in those sections less discontent au(h less, obstruction to the regular course of government, it was because in them there was a nearer alpU)acli to sound constitutional practice. In New Brunswick espccially, the political controversies that had been extremcly bitter between the çxecutivc and legislative authoritics were, to it great extent, ended by the grant of all the revenues to the assembly. -Before i8,jo the legislative council in the tw oprbvinces was no longer allnwecl to exercise both execu- tivc and judicial functions . By 1848 the principles of responsible l;overnmcnt' were formally carried out as in' the province of Canada. - The island of Cape lireton, known also as Isle Royale in French Canadian bistory, was not ceded to Englan . It was uncièr the l;overnment of Novad until 1763 Scotia from 1763 to 1 784 when it was given a sepârate government consisting of a lieutcnant-governor and council having very limited legislativè as well as execv- tive functions . This constitution remained in force until the reannexation of the island in 182-o to Nova Scoti# of which it still forms a part. Thé island of. Prince Edward, formerly known as St. John, formed a part of Nova Scotia until 1769, when it was created a separate province, with a government consisting of a lieutenant-governor and a combined executive and legislative council. In 1 773 an assembly was elected. Some of the lieutenant-governors were for years; in the early history of the island, in constarit conflict with the assembly, and during one- administration the island was practically without representative govern-

PRINCE l'.I>WARI> ISLAND PROVINCK BUILDING .

ment for ten years. The political situation was made much worse by the fatal mistake at the very commence-` ment of its history, of handing over all the public lands -in fact the whole island-to a few absentee proprietors, and it was -not until the admi ion of the province into the confederation that this buTning question was satisfactorily settled by the phase of the claims of the •

NE WFOUNDLAND. 31

landlords. Res onsibleP government was not' actuâlly carried out until 1850-51, when the assembly obtained- full - control, like the other provinces, of its public revenues, -- 7d was allowed to manage its purely local affairs.

7.-Newfoundland. ~ The great island of Newfoundland, which stands at the verÿ gateway of the Dominion of Canada, became a possession' of England by virtue of the discoveries of Jdhn Cabot in 1497, and of Sir Humphrey Gilbert i n

LEGISLATIVE BUILDING OF NE%VFOU'NI)LAND . 1583-the latter having' formally received permission to assert` English jurisdiction over the island. For very many years , the island was only a resort for the fisher-

. y , ,' • ,32 HISTORICAL OUTLINE. . . ~ men of all nations and the scene of. conflict between France and England . In 1713 the island was, final ly - ceded to England, and English, fishermen commenced to, form settlements around` its shores .' Until 1832 the sÿstem of governnneilt was most arbitrary,-and a few wealthy merchants • in I;n.,gland and their agents in th e côlony practically contm lled affairs . In that year representative institutions were aUowed the people, and the government consisted yof a lieutenant-governo r assisted by an appointed çouncil, with both legislative and executive functions, and an clected assembly . In 1854 responsible government was conceded . The governrnent is placed in the hânds of f a lieutenant-govcrnor appointed . ~ by the queen ; of an ~ executive or advisôry council of sevèn miriisters ; of ia legislative councl of.' fiftee n mémbers, appointed by the governor-in_council ; of an assembly of thirty-six ~ members, elected every four years by mânhoôii suffrage by -ballot. . While thé province isa colonial possession of England, France by virtue of the Treaty of Uirecht (1713), of Paris 0763)63),, 7 of r Versailles" ( 1 7 83), and Of Paris again (18Y5), enjoys certain fishery rights I on' a wide extertt of the western and north-easterly c~oast, which have always prt'vènte d immigration and created difficulties which must b e settled by the entire Temoval of those concessions if the province is ever to I form - a contented and prosperous portion of the Dominion of Canada. CHAPTER VI .

FEDERAL UNION .

Sunrmarv of l'olitical h'ights .-9,' Federal Union, 1867 3 . - . Admission of hrilish C'olr~nrGia .-~. Acquisition of the Northwest 7 ;'rr77ories .-5. Three leaclin'O-princifiles of Federul Union.-6 . flow Ccrnada is Governed; Division of Aulhoritres of Govcrnnre>>t.

1 .-Summary of Political Rights, 1867 . As the previous pages show, when , it 'was decided in 1864 to have a meeting of representatives of the British North American provinces to consider the feasibility of a union, all these countries were in possession of a complete system of l9cal self-f ;ovetntnent, consisting of a governor-encral in Canada, and a lieutenant-governor • • in cch of the* other provinces ; of an executive or advisory council, appointed by the govcrnor-l;encral, or licutenant- governor, and dependent on the support of the majoritÿ in the elected asscn)ly ; of a legislative council, appointed by . the lieutenànt- governor, with the advice of his council, in Nova Scôtia and New Brunswick, but elective in Canada à nd 11ri~~ce Edward Island ; and of an assembly, elected by the hàople. • As we look back over the CFntùry that had passed between the Treaty of Paris, whiCh ceded Canada,t o Englan in 1 763, and the Quebec\convention of, 1 864, we can see that the struggles - of \~e statesmen and people of British North America had wQn from England ' . 3 . . .i33) \ ,

01 34 • FEDERAL UNION .

for all the provinc,gs •the concession of the follôwing' principles, which lie at the foundation of our whole politi- \ cal structure • z . The establishment at an early period of Canadian history, of the principle of religious toleratio . n • and equality of sects 2. The guarantees given to the French Canadians for the preservation of their law and language. 3. The adoption of the English criminal law in the French as well as the English provinces . 4. The establishment of representative institutions in every province. 5. The independence of the judiciary and its complete isolation from political influences and conflicts. r 6. Complete provincial control over all local revenues and eYpenditures through the people's assembly. . r, 7. The right of Canadian legislatures to manage their purely local affairs - without imperial interference. 8. The establishment of municipal institutions, and the constquent increase of public spirit in all ?he local divisions of the old provinces of Upper and Lower Canada . . r .9. The adoption of the English principle of responsibility to the legislative assembly, under which ° a ministry or executive council can only hold office while its members have seats in that ' , body and possess the confidence of a majority of the peo~le's elected representatives.

4% FEDERAL UNION, 186 7. ! 3 5 . . ~ i • 2.-F'ederal Union, 1887 : Having had many years'experience Of local self-government, having shown their ability to govern themselves, having recognized the necessity for a union which wciuld give them greater strength within the Effipire, and afford larger facilities for commercial 'relations between each . other, and with the rest! of the world, the governments otthe sèveral provinces, whost constitutional history we . have briefly reviewed, ~ united with the leaders of the opposition in the different legislative bodies, with th e object of carrying out th ,'s great measure. A convention of thirty-three represe~t~`tivc men was held in the autumn of 1864 in the hisloric city of Qtaebec, and after a deliberation of several weeks the result was the unani- mous adoption of a set of seventy-two resolutions embodying the tçrms on which the provinces through thelr delegates agreçd to a federal- union. ' These resolutions had to be laid 4 before the various legislatures and adopted in the shape of a~3dresses to the queen whose sanction was necessary to embody the wishes of the provinces in an imperial , statute. In the early ârly part of 186 7 the ' imperial : parlipment; without a division,~ passed . the statute known as the " British Nortl ) America Act, 1867,'l whic}i united in the first instance the "province of Canada, now divided Ontario and into' Quebec, with Nova Scotia and New Brunswick, and 0 made provisions for the coming in of the other provinces of Prinve Edward Island, Newfoundlanc3 ;' British Columbia, and the admi ssion of Rupert's Land' . and the great Northwest.\ ` 10 \

4. ~.-o.b..o~,o. •. •

• The delegates to the Quebec conference, whose autographs I give above, held the following positions in their respective provinces :- Canada : Iion. Sir Etienne P . Taché M .I,.C., premier ; IIon. John A. 'Macdonald, M .P.1'., attorney-general of Upper Canada ; lion. George Etienne Cartier, 111 . P . P., attorney-general of'Lower Canada ; Ilon. George Brown, M . P.l'., president of the executive council ; Iion. Alexander T . Galt, M .I'.1'., finance minister ; fion. Alexander Campbell, M .L.C., commissioner of crown lands ; lion . Jean C. Chapais, M .L.C., commissioner of public works ; lion . Thomas I)'Arcy McGee, 111 . P.P., minister of agriculture ; lion. Ilector L. Langevin, M .P.P., solicitor-general for Lower Canada ; lion. William Mcl)ougall, M, P . P., rovincia sec r 'I Ion. James Cockburn, M. P. P., solicitor-general for Upper Canada ; (Hôn. Oliver Mowat, M . P. P., postmaster-general . Now Scotia : lion. Charles 'Cupper, M .P.P., provincial secxetaiy and premier. ; lion. k William A.' Henry, M.P.P., attorney•general ; Hon . Robert 13 . I)ickey, M .L.C. ; lion. Adams G. Archibâld, M.P.P. ; lion. Jonathan McCully; M. L. C. 1 36]

ti 1i.w ~~r ~ a Qhc ~ • l

• •~ r// j'e<+-<~c~<~7

New Rruiirwtck : lion, S1 I .. Tilley, Al. ►'. l'., provincial secretary and premier ; IIqn. Peter Nfit hell, Ai .I,.C. ; IIo►t. Charles Fisher, At .l'.I'. lion. William 11. Steves, At .L.C. ; lion . John Ilqmilton Gray, Dt . lion .l'.P., . Edward Bi Chandler, DI .I...C. ; lion. John M . Johnson, M attorney-general . .P.I'., Arinte Edward Island : lion . John Hamilton Gray, M . P. P., premier ; lion. George Coles, M . P. P. ; lion. Thomas I leath I laviland, M Hon. Edward Palmer, . I'. P. • M .P.P., attorney-general ; lion . An4lrew Archibalcl Macdonald, M.L.C. ; lion . Edward Whclan, M .L.C. ; lion. William If . Pope, M . P. P., provincial secretary . ° Hon i Newfoundland : : FF'Oerick B . T. Carter, M. P. P., speaker of the house of assembly ; Hon. Ambrose Shea, M . P. P. [3>]

0 38 ~ FEI)ERAL UNION . . / . Newfoundland took no steps td promote union after the convention of 1864, which two of her representatives attended. Pr

3.-Admission of British Columbia .

British Columbia, which took. no part in the convention, came into the federation in 18 7 1 . For màny. years . the mainland was separate I from Vancouver Island . That, island was held in 1843 by the fur-trading ~orporation, known as the Hudson's Bay Company, and nominally 10 made !a crown colony in 1849, or a colon without representative institutions, in which the whole p wer rests in a governor and appointed officials. Tl e official authority continued practically iri~hc hands of th trading company for some years later. In 1856 an , ssembly was called, despite thei very smaik population of the island.- The island wasi united-with British Col mbia in i866, and the latter name given to the united colonies . The mainland, known as New Caledonia and British' Columbia previously to 1866, was also long a domain of the Hudsons Bay Company, and it was not until 185 8 that it became a crown colony. In 1863 a legislative council was at first organized by the, crown and was• partly appointed by the governor, and partly elected by the people. By the act, of 1866, uniting the island of Vancouver to the government of _British Columbia, the authority of the executive governn~ent and legislature of tho latter colony extended over both colonies . Unti l 187I, when the province of British Columbia éntered the federal union of Canada, it was governed by a lieutenânt- agovernor, appointed by the sovereign, and a legislative

, ACQUISITION OF THE NO RTNWEST. 39 council; composed of heads of public departments and ' several elected members . Responsible government was not introduced into the province until after 1.8 j i. 4--Acquisition of the Northwest and Formation of Manitoba. Previous to the union of 186 7 that vast country know n as Rupert's Land and the Northwest Territory was under the control of th H udson's Bay Company, who held exclusive trading ~ghts given by Charles II. to his cousin Prince Rupert and " the company of adventurers '.' trading in' that region. It was pot until 1869 that the rights of that mônopoly were purchased and the reg ion formally transferred to the government of the Dominion of Canada . In t87o a new province was formed .' undér the name of M anitoba and invested with all the 4unctions of self-gove rn ment possessed by the older provinces. Subs*equently the Northwest Territories were' divided into the districts of Keewatin, Assiniboia, Saskatchewan, ,Alberta and Athabasca for purposes of administration and government.

5 .-Three Leadinpl Principles of Federal IInion . I have given a brief historical sketch of the constitutional development of the countries . that compose the federal union of Canada, and I shall ndw proceed to direct attention to the framework of the government that union . off' The Canadian constitution, or British North America Act of 1867, is a statute of the parliament of Great Britain, before whom as the supreme legislative authority of the empire the provinces of Canada had to come and 40 FEUERAL UNION .

express their desire to be federally united . In the addresses to the quzen containing the resolutions of . the Quebec conference of 1864, the legislatures of the provinces set forth that in a federation of the British North American provinces " the system of government „ best àdapted under existing circumstances to protect the diversified interests of the several provinces, and secur e t .harmony and permanency in the workinf; of the union, would be a general government charged` witli matters of common interest to the whole country, and . local govet'ntnents for each of the Canadas, and for the provinces of Nova Scotia, New Brunswick and Prince I?dward Island,charged_ with the control of local matters in their respective sections ." In the third paragraph the resolutions declare thaf in framing a constitution for the general government,- ., the conference, with a view to the perpetuation of our connection. with the mother country,, and the. promotion of . the bestp interests of the people of t,hese provinces, desire to follow the model of the Britis ~ constitution so far a s our circumstances permit." In he fourth paragraph it sets forth :" .The executive a thority or government shall be vcst(;d in the sovereign f the United Kingdom of Great Britain and Ireland, and be administered accord- . ing to the well-understood )rinciplcs of the British constitution, by a, sovereil;r personally, or by the, representative of the soverci~r duly authorized." In these three paragraphs we see clearly expressed the leading principles on which our system of government rests : A federation with a central government exercising g-eneral powers over all the members of the union, and a 0

k IiOW CANAP A `IS GOVF;RNED. 4 1

number of local goz.ern»rents~jraz~iug the control nd tnanagement . of certai~e i~rntters n~a urally and con venre ~ly belonging to t,lnvn, -while each gover nent is adininister'ed in accordance with the British syste* of parliamentary institutions. These are the leading principles whtch were made law by the British North America Act of 186j,` ~ d which I propose to ,~xplain in the course of the followtrag pages,,

6.-How Canada is (~overned . As the most intelligible mode of xplaining the nature of the somewhat complicated onstitution of th e Dominion, I shall divide the whole st bject-I low Canad a is Governed-into 'several Parts which will set forth in order the functions and responsibilities that belong to the following- authorities, governing the I)ominion as a dependency of I?ngland, and as a federation of provinces . I i . The I»rfiErial Governmcnt, exercisitig executive, legislative and judicial supremacy over the dependency throu~h a sovereign acting by and with the advice of a responsible 'council, a judicial committee of the privy council, and it parliatnent . 2. The Do»rinion Govcrnmettt, whose executive, legis- lativè and judicial powers, as the central âuthority of the federation are exercised through agovernor-genera l appointed by the sovereign, or crown,* as lçl;ally statcd, and acting by and with the advice of a responsible council, a parliament, and a supremè court.

''The word crown, where used in this work or any other, means the reigning sovereigti , king or queen, who is represented by the t;overnor•general of the Dominion and the lieutcnant•bovernors of the provinces for purposes ,of executive government, . 42 FEDERAL UNION . , . . ~ 3. The Provincial Governments, exercising executive, 1\legislative . and judicial .jurisdiction within their constitutional limi ts, through a lieutenant-governor, appointed by\ the govérnor-général in council, ` an adviso ry or executive council, a legislature, and a judicia ry . In the course of these chapters I shall necessaril y explai n the nature of the relations between the Imperial and Dominion governments, and between the Dominion and • Prôvtncial governments . I shall also give, as a matter of convenience, a special place to the government of the territories though it falls, strictly speaking, under< the second division of powers, and to the go vernment of municipalities and schools, though it also belongs to the thtrd division of proi k . ~~

. ` , . BIBLIOGRAPIiICAI, NOTE . ,

I give at the conclusion of each Part of this book references to a few works which are most accessible to those students who wish to devote more attention to the subjects to which I have merely introduced my readers . For instance : Bourinot's ,dfinual of the Contli/ulional Hislor~ of Canada (Montreal, 1 888), which is a text book in a number of colleges, an d gives the constitution or British * North America Act in full at the end . Iiouston's Conslilutional Documents of Canada (Toronto, c89t), has the text of the QuebecAct 774, of t the Constitutional Act of' 1 79 1, of the Union Act of 1 840, and of other statutes and official documents relating to the constitutional development of the provinces from 1 76o to 1867.s Dent's Canada Since the Union of iSqi (Toronto, (Mo -81), is correct . So is L. Turcotte's Canada Sous l'Union (Quebec, 187 1), for reaâers of French . Professor Ashley's hettures on the Earlier Conslilulional History of Canada (Toronto, 1889), are useful . The official record of the Parliamentary Debales on Confederation in the legislature of Canada in 186$ (Quebec, 1 865), shuuld be carefully read . Every legislative Cand public library in Canada has copies of this book, containing the speeches of the fathers of Confb,deration in old Canada.

. ,\ t

SECOND PART . ,

IMPERIAK GOVERNMENT.

CNAPTéR. ' P1GR. I .-EXECUTIVE I'O W ER ...... 1 45 . II .-LEGISLATIVE POWER . . . .,, ,,,,,,,, ...... 5 5 III . ]UDICIAL POWER ...... 62 I V.-IMPERIAL CONTROL OVER CANADA ...... 64 : CHAPTER I.

THE IMPERIAL GOVERNTIENT : EXECUTIVE POWE R

f. Inlroduction.-2. The Sovéreign .-3. Origin of the Cabinet or Royal Advisory Council.-,I. Working of the Cabinet System and Aleaning of " Queen in Council. "

1 .-Introduction.

As the system of parliamentary government whic h Canada possesses is derived from that of England, it is important that we should clearly understand the principles on which that government rests . _ For the purposes of this book it is only nccessary to refer briefly to the following supreme authorities of the empire : The Sovereign, Privy Council, l Judicial Committee of the Privy-Council, Parliament.

2.-The Sovereign. -In accordance with the constitutional usages and rules which have grown up in the course of centuries, the reigning sovereign of England, at prèsen ~a queen, performs all executive acts through her priv or executive council, administ~rs justice by her courts, and makes laws for the whol empire in her great legislature or parliamen C 145 1 ~ . i . . 46 EXECUTIVE POWER.

The crown is hereditary by .English ]a*. 'A statute passed during the rèign of WiUiam and Mary, and called the Act of Settlement, settled the succession to the '• throne, vacated bÿB James 1 1 ., on the heirs of the Princess' . Sophia of Hanover-a German state-the granddaughte r ofJamesII .

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4 THE ROYAL STANDARD.* scendarlt of this princess. `-~The titles of her majesty at the beginning of her reign were " Victoria, by the Grace ~of God, of the United Kingdom of Great Britain and . Ireland, Queen, Defender - of the Faith." In . 1877 , she was proclaimed Empress of India .

"The Royal Standard, -or personal banner of the sovereign, disptays the • arms of England (three lions " passant " or walking) ; of Scotland (a lion "rampant," or erect as if attacking) ; qf Ireland (a'harp,}-the English arms being repeatéd on the fourth qua rter in accordance with the rules governing such heraldic de & ces. . - • . - . ~ , .~. 4 THE SOVEhEIGN. 4 7 ' • On the death oPthe sovereign the crown descends to a-male heir, and failing a son or .son's son to a daughter or to a daughter's son or daughter. An uncle, nephew or male cousin of the sovereign only succeeds when there are no son§ or daughters of the sovereign . ' The probable suécessor . to the throne at the 'present time-the " heir apparent " as 'he is legally called-is the Prince o f : Wales, .eldest son of the queen, who has a male heir, the Duke 'of York, to follow him . % Though the crown is * hereditary in the family of the present sovgreign, it is at the same time subject to the authority of parliament-that is to say, of the sovereign, the lords and the commons, ' acting together as a supreme legislature . FrQm_, the earliest 'times in th e history of England we see the evidences of the supreme ' . authority of the English national councils In their as- sertion of the right to limit and regulate the succession to the throne in a national emergency . The great council , of eairly English days, the Witenagemot of assembly of the wise, men-Witan meaning wise men, and gemot , an assembly in Anglo-,saxon--elected the king)'Vwho ' was the chipf among the nobles' of 'the ' land,-the choice falling aid rule on a member of the family of the . deceased sovereign. Even William of Normandy, the conqueror of •'England, felt it necessary to give some show of title. to his claim to the' throne by being chosen, by a'national council he called together. In later times kings were deposed and chosen by the •will :of similar çouncils of the kingdom. The revolution of 168$, which deposed James II. for his violation of the recognized or fundamental laws and rights of the people of England, and placed William and Mary of Orange. on the throne, i - . • . . .

I 48 ~ EXECüTIVE I'OWE R

was the last example our history gives us of pa'rliament , assérting its right to regulate the' succession ~ the crown . The laws of Epgland declare that it is t\ reàson for any one to Say that the parliament-th t is to say, the king or queen, in conjunction with the tio houses- is not able to maké statutes of sufficient --force to limit and °bin d the crown, and regulate and determine the .1' descent,, inheritance and governnïent of the same. E'very sovereign, at, his or her coronâtiôn, solemnly promises and swears "to govern the people of this kingdom and the dominions thereto belonging according to the statute s in parliarlnent, agreed on, and the respective laws and lcustoms of the same." As the queen is by-fâw the head of the executive power, all acts 'of gevernment must be carried out in her name. It is by her will and pleasure that parliament is called together,'for the despatch of business, or is prorogued-that is, a session closed----8r is dissolved,-that is, a new house of comci;ons elected by the people . She is "the fountain of Justice," since she is represented in her courts by her j udges ; She , alone can confer titles, distinctibns and honours, she alone can pardon offenders against the law-this last being her highest attribute of sovereignty. All these and other prérogatives-that is to say, the ancient rights and privileges belonging to the sovereign as the - head of, the kingdom by I w and usag e are not now immediately exercised by he elf in perso n on her own responsibility . Every on has heard the maxim ,"The Queen can do no wron " The meaning of this phrase must be sought in th co titutional history of the çouncil who aie directly responsible fo r the acts of the sovereign.

I ; ORIGIN OF CABINET. 49

3•-Origin oP the Cabinet or Royal Advisory Council. From the earliest times of our history-for England's is Canada's history too-thgre were always councils around the sovereign whom he summoned to assist hi . The several councils gradually de-m by their advice veloped with the growth of the kingdom into a parliament of two hôuses in which the commons had a', representation, into law courts, and into a privy council . The latter was 1 permanent or continual council of officials. and *nobles, the confidential counsellors of the king . The sovereign for centuries, as late as tht time of Ge rge I. ; sat in council. This was the executive bod , as distinguished from .the legislative bod y ment of which the king was the first-branch, and whic h he alone could summon, prorogue or dissolve . This privy council became at last too large for purposes of consultation, and King Charles I. selected from its mem-' bers a`t€ommittce who were named ~a Cabinet' Council • because they rnet in the king's privat4e chamber. In later times it was called also a Cabal " or club of in- triguers, in terms'of derision . This smâ r council ha d no special authorit behind i'~ Y , prrv council~ 'as a body was alone recognized by the law as tie responsible executive courjcil'-but King Charles I . . found it most convenient for his purposes in times when he was, intri- gufing against parliamént . In the quarrels of the Stuarts with the commons they were constarAly asserting prero- gatives in violation of the ackriowledged rights of the people, and this council became very unpopular as - the. secret conclavè, or cabal, for the king and his ihstru-, ments 4. It owed no responsibility to any o r ~ jr - SO , EXECUTIVE POWER

. It ~ was not necessary. king himself that its member . s should have seats in the popular . house. / The practice of forming a committee out of the large- body of privy councillors as a special or innef body of advisers of- the crown has continued to the present time, and~hé term " Cabinet," once so unpopularqs now a title~ of honour and dignity / . But the modern cabinet -ouncil is not the irresponsible . instrument/ of the royal will and pleasure that it was in the days of the Stuarts-' Since tlie revolution of i688, when James II . was deposed, , there has been gradually developed the principle that the cabinet must be composed of privy councillors not only chosen by and responsible to the sovereign, but selected from those men who have seats in parliament and have the confidence of the majority of the people's representatives in the house of commons, the elected @body of the great legi~slative council of the nation . As long as they keep 'tht- confidence of this house they remain the, counsellors or ministers of the king, and are responsible for the work of administration and legislation, but the I moment they lose that coAdence the sovereign mtlst choose another set of advisers or ministers, who also must be privy cotuncillprs-for England has always clung to her old names and- ancient institutions-and must have the support of the popular house. Sometimes a ministry, defeated in parliament, w.ill be allowed .by the sovereign to ask the opinion of the people at a general elect~on. If they are - supported afthe polls and have a majority of the people's representatives, they remain in office. Otherwise they must give way to the men who have obtained thé popular mAjority. Elsewhere, when I . come to speak of the Canâdian methods of govérnment ,

11 L THE CABINET SYSTEM . 51

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

4.-Working of the Cabinet System and Meaning o . • f "Queen in Council. " From the foregoing necessarily impèrfect summary -three leading fact .~ i in the working of the constitutiona : l system of England may be gathered X. That the privy council is, strictly speaking, the only body known to law and usage in England as the sovereign's council. 2 . That in order to keep ' up old customs and main- tain the law, the cabinet, or responsible council, is chosen from the large bodÿ of privy councillors.

3. That this responsible éouncil must be members and have the conficlencV of parliament . VVhe members of the house of commor~s, «'ho are not privj councillors, are called upon to form a ministry, they must be first s~i`orn of the privy council .* Then they are called to the, ministry or cabinet, and placed in ehargè of cëYtain depârtments or offices of the government. One. of these departments is entrusted with the supervision of the affairs of the colonial empire, and is called the secretary of state for the colonies (sée p. 65). below,

The cabinet, or inner council, is the body that discusse s

' English privy councillors are aiways styled " Right Honourable," ~ I• . and decides all questions' public licy : i.e., the nature of the measures to be intr duced i to parliament, the relations, of England with fo i~r~ countries, treaties of - peace, çléclarations *of war, questions affecting the government of Great Britain and Ireland, India, and tli e dependencies, importants appointments, and the countles matters that devolve on the government of a great nation . Its deliberations are held in secret, and when it reaches a conclusion, we see the results in executive, admirtistrative and legislative action, according to the well understood methods of the British constitution. When the action of the head of the executive-that is of the sovereign-is necessary on any question of state, she is advised, by the premier or, responsible minister . ~ When the soverei gn has given her consent an order-in- council is passed, and has the effcct of law. In other cases, the signature of the soverei-n must also be given to the'acts of the council-such as certain appointments by çommission,* and other paicts of royal authority. In all cases any document, which is an act of the executive, must be countersigned by a responsible , minister or official and have the " greât seal " or official evidence of the royal 'will affixed (se e , p. 86, for Canada's great seal). All orders-in-cot, ncil, o other acts of executive power, are çonsidered tc be pas_ d by the privy council- order-it - council an order passed by the sovereign by -iind with the advice of the privy council-the only r body kntwn frpm old times as the permanent or advisory

' A com ission is an authority or order jo perform certain duties • all public ofTici ls, acting under the crown, have such an authority . It cornes from the La n wôrd11 cammiucre, to place or trust a thing somewhere. 1QUEEN IN COUNCIL % . ) • 53 body around the sovereign . The queen never acts alone I . What she does in administration she does through the aid of a minister or ministry,-who are members of, the privy council . In fact every act of,the sovereign in her executive and royal capacity is done on the advice of a sworn counsellor . If the advice is wrong, , or in violation of the law, the minister or ministry who gave it is open to the censure of parliament, or a partiçular; minister may be brought before the Qrdinary courts of law. Consequently the maxim that " the Queen can do no wrong" has arisen from the adoption of the following constitutional principle

. That s t .by no proceeding known to the law can th e queen, herself the head of justice as she is of all branches of government, be made personally responsible for any act done by her in her executive 'capacity.

2. That every exécutive act is the result of the deliberation of a sworn council, who advise the queen thereon and are alone responsible for the advice. • .,---.-: ___ ~.:~~:_~_:. 3. That no minister of the crown can bring"fôivard an ôrder of the crown as a defence or justifica- tion of an act"that is in violation of law. + That the minister who gives the advice becomes responsible and liable to punishment for mis- leading the crown. The sovereign; it is well to mention here, has never sat in council with the cabinét since the days of George AW .

54 EXECUTIVE POWER.

the First, who departed from the practice of his roya l predecessors on account of his ignorance of the Engli s , language. What was in his case a matter of convenience- has ever since become the settled practice. Now the sovereign---and the same is true of the" governor-general of the Dominion and a lieutenant-governor of a province -is informed of the results of the deliberations of council, and acts on the advice of a responsible minister.

10 11

CHAPTER II.

THE IMPERIAL GOVERN M ENT : LEGISLATIVE POWER .

.r. Sovereigrt in Parlianunt .-2. Or7~qin of Parliament.-3. Char- , ters of English and Canadian Constitutional Liberties.--¢. Strength of Parliamentary Government .-5. The Queen's Onerous Dulies as a Sovereign . .t .

1 .-The Sovereign in Parliament. . Every statute or law passed by the supreme legislature or parliament of Great Britain and Ireland commences with these words :

That it be enacted [lhat is, made law] by the queen's most excellent majesty by and with the advice and consent of the lords spiritual and temporal and commons, in this present parliameht assembled, and by the authority of the same as follows ." Here follow the provisions of the law or act of parliament . I have copied these words because they show that the sovereign is still understood in law to legislate for her realm in a great legislative council known as a parliament, whilst she acts in her executive capacity in a privy courlcil. The legislation she assents to as the first branch of parliamént she executes Qr carries out in her executive capacity, throûgh and by the advice of her sworn counsellors and officers appointed and sworn to execute and administer the law justly and faithfully, as I have shown above. : [55]

ORIGIN OF PARLI AMENT, 5 7

2.-Origin of Parliament. The origin of parliament must be sought in the early assemblies of our English ancéstors, who were Teutons or Germans who came from the sea-coast of northern Germany and of Denmark. The Witenagemot of old times, before . the Norman conquest, was a national assembly of great, nobles, and ecclesiastical dignitaries, summoned by the sovereign to consult and deliberate on the affairs of the kingdom . After the Norman conquest it became known as the "Great Council," and was practically the house of lords. It had executive, legislative, and judicial powers . The king's special or permanent council to which I have referred above, and the king's advisory law court (curia regis) became part of this great côuncil at certain times, and together formed a common council of the whole realm . Eventually, the estates of the realm, the archbishops and bishops or the lords spiritual, the nobles of the kingdom or'the lords temporal, and the commons, formed a parliament (for meaning, see above, p. 7). It was a great noble, Simon de Montfort, of Leicester-a statesman much in advance of his age-who overthrew King Henry III . on the battle- field of Lewes, and first summoned representatives of the towns and counties to meet bishops and nobles in a parliament in 1 265 . This scheme of Simon 'de Montfort was adopted by King Edward I . in 1295, and has ever since formed the model of the~ parliament of England. Edward accepted this great çouncil, always thereafter known as parliament, as a most convenient instrument for 'raising taxes. ; it being the immemorial right of Englishmen to be taxed only with their own consent 5 LEGISLATIV POWER.

througli their own representatives The representativ e principle, as appl ied to government, , is essentially English. Its origin can be traced to 'the " motes " or assemblies of the local divisions of England in early English times . In the municipal system of Canada, as I shall show later (see Fiftla Part), we have' copied the names of those local divisions' and of their public officers. - ,'

3.-Charters of Engli sh and Canadian ' Constitutional - Libertieo. From the days of Edward I ., a wise monarch, there was for centuries a constant struggle between sovereig and commons for the mastery n . The necessity for raising money by public taxation -forced the most arbitrary sovereign3 to summon parliament sooner or later . , At all times we find nobles and commons ünited to resist the unconstitutional efforts of kings to reign' without the assistance of his national council . Magna Charta, one of the great statutes of English liberty, wrung from King John, on the field of Runnymede in 1215, affirmed the fundamental principle of the constitution 'ttrat English- men could not be taxed without the consent of the national council as, then constituted . Another great statute, known as the Petition of Right sented to by Charles I ; grudgingly as- . four centûries later, when he could not resist the demands of parliament, âgain affirmed that no tax of any sort might be exacted without the consent of parliament . The Bill of Rights, passed in 1689, when ~ William and Mary became joint king and queen of England, was a strorig declaration of the original right of the people, violated by James s 1 1., who ~ had fled the STRENGTH OF PARLIAMENTARY GOVERNJKENT . 59 . s kingdom. This famou's char t set forth among other things : •

That it is illegal for the sovereign to suspend or execute laws without the consent of parliament. That it is illegal for the sovereign to dispense . with laws. That it is illegal to levy money without the consent of parliament. That petitions to parliament -are legal and punish- ments for them illegal . That parliamentary elections ought to be free . That frecdom of speech and debate in parliament is subject to parliamentary control only . That parliaments ought to be frequently held : These are the fundamental principles of parliamentary, government in England as in all the dependencies of the crown.

4 .-Strengtg of parliamentary . Government. The great object of parliament is taxation in order to meet the needs of government . English sovereigns soon recognized the'fact that Englishmen through their representatives in parliament must control all the taxes and expenditures of the realm . Frorri the days of the revolution of i688 the struggle between soverf ign and the commons practically came to an end . With the . development of the principlé of ministerial responsibility-the presence in parliament of a body Of ininisters responsiblé at once to sovereign, commons and people- harmonÿ was created between the executive and legisla- 6o LEGrSLATIVE :POWÉR.

tive departments. The cabinet is now the cônnecting lihk between the monarch and the people through thei r . representatives in parliament. As advisers of the crown , -as heads of the great depa rtm Sps of - state constituting the government, as the recogni ?:ed heads of the political partÿ or combination of parties having a majority in parliament, tfi is;éabinet, which is legally a'comro ttee of the. .an&pt privy council, are able to admifli1ter public affairs without that' frictior. ' and conflict between executive and parlâament which was the leading feature of old times of irresponsibl,e councils' and the - personal rule of sovereigns. When we come to consider the go Vernment of Canada we shall see carried out all the ' Englis4 methods an d principles eYplai~d above. The queenin coùncil, the cabinet, the parliament, are all to be found`workfng 'prë- cisely in the same way in'Canada. • ' 5.-The Queen'e La,borious . Dutiee aa a spvéreign. Althougli tfie queen performs all 'executive acts throügh responsible ministers dependent on the will'o f parlia t and people, . it * must not, be supposed, that her func ns• as a sovereign are purely ornamental . O n

the contrary, so high an autbority ~ Mr. Gladstone, who has.° had a . larger experience of - government than any other living Englishman, tells us that "no head j r oa de` . . . • , ~ , ~ ~ . q~ • , • THE QUEEN'S LABORIOUS DUTIES. Ft

partment performs more laborious duties than -those which fall to the sovereign of this country ." No despatc h is received' from abroad, nor any sent from_ the country, which is not subrhitted to',the queen ." Her signature has never been placed to any public document of whic h she did not approve." Cabinet councils "arc reported and communicatei3' on their termination by the minister to the sovereign and they often call from her rèmarks that ' . .are dritical, and necessarily require considerable attention ." In fact "such complete mastery of what has octurred in this country, and of the 'great important subjects of state policy, foreign and domestic," for the last fifty ÿears is possessed by the,, queen " that he' must be a wise man who could not profit by her judgment and experience ." .To these explanations of the active life of a great - sovereign ; it js well to add a fact not generally known Xo Canadians, that every govcrnor-general is instructed to communicate directly to her- majesty, from time to ti~ne, the fullest - information on all questions of mometit to Canada and the t,-mpire. CHAPTER III .

THE IMPERIAL GOVERNMENT : JUDICIAL POWER . .

t•-4rigin of Courts of fuslice .-a . fudit il CoIiiIni!!ee of the f'rfvy. Council. ,1. -Origin of the Çoûrts of Ju.etioe. '0 • We now come to the"fhird divisionvernment of go - the judicial authQrity . The queen is the fountain of justice, and .•-if is administered in her name . - In old trmes~ .efore government assume(] its present forms and , . rt~efHods of action, thé sovcrein dispensed 'ustic e ImmediAtely and hersonally in a breat council or Jcourt . The nobles, lay and ecclesiastic, ihe great judicial office rs, of the realm, the chief justice-or justiciar-next • to th e king in authority-and thc chancellor formed a national supreme , court of law (curia 'regis), over which the sovereign preside_d . In the 'course of many years after the conquest courts of law were formed out of the great court or council of the kingdom . The old . names of these court ~ till exist in English law, as I shall show when I come tb refe rto Canadian courts"(seç Gelow, p. 177). With the develohmént ,of parliamert~ary government, after the revolution• of 1688, the judiciary were made practically rndependent' of the crown, and of all"\ political inflûences. Their tenure f . o oflïce was made one of-_ .:good behaviour, znd .they can now be removed only on an -address to the crown by the two houses of parllâmen,~ ~ C, after'-foXma---_ l ,

THE JUDICIAL COMMITTEE. 63 impeachment * for grave offences and after~ full investi- gation of any charges made against them. 3.-The Judicial Committee of the Privy Counoi . l of England With the constitution and procedure'of the courts of law of Engla'nd Canadians have no direct connection . Justice is administeredl in their own courts, which • have full jurisdiction over all matters of Canadian concern, and the queen is in theory as much present in Canadian as in English courts.- But over the empire there .is one great court of appeal, to which referençe can be made in cases of important 'controversy and doubt . The origin If of is court, called the judicial committce of the p'rivy coun il, must be sought in the fact that even after th e form ion of the regular courts out of the brcat court o r coup l-of,the sovereign in early times (see a6ovF, p• .}9), some ' of the judicial powers still remained and were exercised in the ,permanetit or continual council of the sovereign . The grea't council became the house of. lords,,which still has a remnant of its judicial powers, while the permanent council kïecame the. privy council . This latter' was eventually divided into committees, which still discharge some of their old fuctions . ` One of these corimittees is the judicial committee, or supreme c?prt of the Empire (see below, p. 65). It is now regulated by statute and `composed of the lord high chancellor. and other legal functionaries, who must all be membdrs of . the queen's privy counciL , Here, again, w e . see the tendency of Englishmen to preserve the form of " ancient institutions.

• To " impèach " means to prefer grave charges of official misconduct against a judge or other functionary, but its ', origin is. .obscure . . I aE ~~ . .

. °-•-~-_-.., CI-IATTER IV.

NATURE OF IMi'ERIAL CONTROL OVER CANADA • , . ~. 1pt/rodteclion.-2. Co,'ernor-Cenercrl .- -?. Secrclary of Slate for ' Me Cn/c,rrr'rs. . frtdic icr! C'n~lrnrr'lle c. -s. Cancrdi,tn Ri~hls of Sefl ~.c~z~ , yilr,t. ul.-6. 01 ukaNr 1!f 7realies.-7. When Canadian LeArrslerlrve Ac/s iuay be 1)isa!lowe•d.

1 . =-IntrOduction.

With these "l>l,inations of the leading principles of, the su}ïrcme got•crn ►nent of the empire, I corne now' to cxplain to my rcaclcrti in %~hat mnncr and to «•hat extent this iinperial,governrnent can and does exercise .. authority or control over this dcpencleney, of Canada . ' TUc following,, I>rinciplcs and, methods of procedure may be laid down as ~;c ►~~ernini,~ the relati~~ns between the imperial and dominion ~o~•ernmcnts : -

2. --- The (iovernor-C}eneral . The queen, as the heall of the executive authority of the empire, acts through a t ;overnor-general appointed in council, and consequently an . imperial officer. It is through him all communications bctwcen the imperial and Canadian i ;ot•ertiment must pass . When the Cana- dian parliament requires any legislation that properly • ., falls within the' jurisdiction of the imperial legislature, addresses to the qùeen are passed by the former body, setting forth the nature of this Ipgislation-.such as an f641

Ü SECRETARY OF STATE FOR THE COLONIES . 65 amendment or necessary change in the fundamental law of the Dominion or British North America Act of 1867, which is an imperial 'statute, and can only be arimended in certain respects by the same authority that gave it . This address is forwarded by the Canadian . governor- general with such remarks as are necessary, to one of her majesty's ministers .

8 .-The Secretary of State for the Colonies. This minister, or privy councillor,' is the head of the department of colonial affairs and known as the secretary of state for the colonies,-all possessions of the crown, except India, being designated colonies for this important . It is .Jminister,-who has always a seat in thé inner council or cabinet,' to bring the, address or other matter requiring the action of the queen arici council before that body in the rnanner required by usage . The council on his advice %%-ill agree to introduce and pass such legislation in p~rliarnent as will meet the difficulty ,that has occurrNl - in the Dominiç,n . , By the constant `interchange of commurYicatiOnti betweeri the imperial and dominion governments, agreements are come to, as a rule, on every question which require5 adjustment, and any friction in the relations of the two - governments prevented.

4.-The Judicial Committee. The queen's courts in'Canada adrninister justice in all cases affecting Canadians, whether of a criminal or civil nature, in accordance with the rights of sel-government accorded by law,to the Dominion . Appeals'aré, how= ever, made from the supreme and superior courts of the 66 NATURE OF IMPERIAL CONTROL .

Dominion to the judicial committee of the privy council under such conditions as have been laid down by that body under the law. The appellants, or parties who are not sâtisfied . with the decision of the Canadian courts, petition the queen in council for leave to appeal, and if the appeal is allowed-for thcrc are cases where the appeal may be refused-the whole case, as it appears on the record, is submitted to the judicial committee, composed of eminent judges-gencralÎy four, though three are a quorum%,ho hear arguments and finally report their decision to the queen in council . This decision is authoritative and settles the case. Criminal cases can- @ not be iplx:aled from Canacla to this court . Nor will the judicial committee adinit .in aupeal from the supreme court of Canada, save where the case is of gravity (see helozw, p. 130).

5. --Osnadian Righte of qe1f-Government . It is a fundamental principle of the F.nglish constitution, as I have shown above, that a peopl(funder English government can be taxed only with their own consent, through their rça)resentatives, under the forms pre,ciribed by'laiv. The imperial state having granted to Canada a ~omplete system of local self-governrnen with full ciihtrol over taxation and expenditure, it is only in Canadian parliaments-and I h6re include provincial legislatures-that-Canadian taxes can be imposed and Canadian moneys expended . If at any time Canada requires imperial lefiislatiorr, on any subject not within her executive or legislative control, she°applies to the queen in council` in the way I have described above i;..... -_ ~ .~ ~1_ _ • • . &- cannot . of its own

I 41*

motion ~ constitutionally'bnterfere with rinh ;ts of local self- government granted to the dependency .

6• -Making of Treaties with Foreigij Powers. The queen's i ;overnment alone, as the sulpreme executive of the emlüre, can commence and nel ;é)tiate treaties . with foreign sovereii,rn nation5 . Canada being only a dependency cannot of her own motion or action give validity to a trçaty with a sovereign njItion . It rc through the imperial government and its representatives that all treaties immetiiately affecting her mi~st be made . It is, however, now an unclerstanclin i„* or even maxim of the policy governing the relations between England and the Canadian Dominion, that C .zriadian répresentatives shall be chosen and clothed with all necessary authority by . the queen in ccîuncil_ to arrangen •treatieti ihimediately affecting Canada, an(1•üll such treaties must be ratified P by the Cânadian l)ari*ia,nent . 7 .-When Canadianis Legielative Acta may be . Dièallowed . " It is still a provision of the"Canaclian constitutiôn that every act pàsseci by the parliament of Canada should be subniitted by the t,*oc•ernor-l,leneral to the quecn' in council ." This'i, a_declaraii6n of the sovereign authority of the imperial i,=rn•crninent, and only rnclns in practice that it is %vi,thin the power of . the queen in council, responsible for the unity and security of the wholq1empire, to refuse to consent to, or in the constituiional words, "disallo«•," an act (see br~lo-w, p. 163) which'i5 in conflict A with the interests of the empire at large, may threaten its integrity, and is at variance with treaties with Enâland, a 0 68 NATURE OF IMPERIAL CONTROI..

foreign nation, or with imperial legislation . It would be unconstitutional, however, for the•imperial government to interfere in any matter clearly and exclusively within the authority of the dominion government. When the imperial parliament gave Canada a federal union and a complete s}-stem of local self-government, and the right to legislate on certain subjects set forth in the funda- - mental law of the constitution (the British North America Act of 1867), it gave her full control of all such matters, and constitutionally - withdrew from all . interference in the strictly local concerns of the Dominion . It is only when the interests of,the empire are in direct cdnflict with the privileges extended to the dep~ndency that the sovereign authority of England should be brought intoo action. This sovereign authority should never be arbi- \ trarily or indiscreetly exercised, but °should be the resul t of full discussion between the governments of England . and the depcndcncy, ,o that the interests of the two may - be brought, as' far as possible, into harmony- with each otlîer.

BIBLIOGRAPHICAL NOTE . A useful elementary book on English constitutional history is Da vid Watson Rannie's Hrslorical Outline of the Engliih Cons4lulion (New York, t88t). Valuable books and art icles for more advanced stud #hts are the following : I:waltl 's " The Crznun and Its AJvistrs" ; or, Quffx; Attnisters, Lords and Commonf (Edinburgh and L)ndon, t870), Profesaor Freeman's GroroNr of the F.nQlirh Constitution from the Earlits! Ti~na (London and New York, 1 884 ►, Uicey's f/istory of the fi-ivy Cowhtil (London and New York, 1 887), Mr. Reeve's a rticle on The Cabr'nd in the 9th edition of the EnryeloArdia Btilannica, . Professor Freeman's a rticle on the History of England in the same work, vol . viii., pp. 263-368, with an index at end of subjects treated in the pstper ; Professor Woodrow Wilson's BIBLIOGRAPNICAL NOTE. 69 sketch of the institutional history and administration of*England, in pp. 65 1 -82 1 , The Slate (Boston, 1889). Carmichael's edition of 1'aswell- Langmead's I English Coirstitntiaral History (London, 18go), is the best history for students in general, since it is both readable, intelligible and correct. Bagehot's En,hsh, ('o.srtiluliôn (London and New York, 1884), is a ve ry clear treatise on the practical operation of parliamentary t ;overnment. It was the first successful attempt to show the defects of the consti• tutional system of the federal republic of the United States, arising out of the absence qf a political cabinet responsible for the work of adininistration and legislation, and having seats in congress.

0 • ,

THIRD PART . '

THE DOM INION GOVI;IZINMENT,

CHAIT.RR . ~ , . . ~ . . Y AG I, I .-I .XECi1T1\'F. I~U11'(':K ...... 73i J IL-V.-Lectsl.ATn'f: ...... 93 vt.-JL nIC1A1 . I'u11 ~K ...... ' ...... 128 VII .-RE1 t:vt1R A\I) EXI'BKhITLKE, .'. • , , , • • , • „ • ...... I 3 3 .-1 VIII :ILITIA AND I)EFI,NCS . . . . .'...... 138

[ 71 ) - . 1 , . ,

C I I A I''I' I? IZ I . 4

'I'IiR DODIIN ION . GOVGRNM I":NT : l:\LCUTIk'F: POWER .

~. Inlrnd uClinn.-2. The Cn,r~, n~, •Gr rre rert. .-~. l'rizry Cnrurril fe,r ~ C'rrnrlda : "lle'rlrls of Ih fi,v"!!!le•!!ls n% ( ;n,re'rlllurul.- ./. ,tlr'rrislers not in the Cabinet.- .S. At, / 'rrllui •r.- -" h. !i rile.s and ('crWe:g of f'r!!"11r111leYlirll}r ( ;r~^re'YJlIIle'I!/. - . ( 7 ;r~7'r'lYlr~l"-( ;e'1le7"rll i/1 i irfUle'lŸ. ' -`- S . %!?Vl Se77 11 e4 •. - J. (ilYtl/ St'rel N/ ( e11h1rIe1 .-/Û. UU111i111DI1 Cbrl! ef Al•!!ls.--ri. Dominion !'7r

v 1 . -Introduction. ' IN the previc,us ch ;tpte•r, I have i;ive ►ï ;t short summary of the cliffererlt ;ttrthc,ritics that govern the empire as a whc,lc,ancl ne,w cc,rlte to the t;ov('r lnlent c,f the ► I)c,n l inimnhti itself. This govcrnlncnt is cliviclccl a mc,n g, the followin g , authorities e The s(,vcreign, as the he~tcl (,f tlli~ t~~ccutivc, rcl,re- sentecl by a I;c,vcr'il(,r i;cnc r.cl . , A cabinet selectc'cl frc,n the tnenlt>ers of the privy cc,uricil for (' ;in,ul~t, anci fc ►rlni nf; the rc,sl,c,rl,,ihle advisory cc,urlcil of the s(wcrcil;n's rcprescrlta- .tivc . ~ • . l,arliarnent, cYCrcisirt~; 1cl;islativé (ti~icti(?Ils (,ver the whole e,f L~trlacia. ' A supreme court, excrcisirli ;, juclicial ftlnctic~rls as it court of appe;tl from the courts of the provinces, and for the scttlcrncnt of constitutional, . difficultics. 1731 74 t.~r.ctJtt~H, t~o«t.rt.

• I he, dutics of th6sc sclm ratc authoritics will now be cxhlained. ~ „ •• • . c~~ • 2.-The Govern or-General. 9 , The (jucert is the head of The executive f;overnment of Canada. She is as much the srn•crci g n of Canada as (if l .nglartcl or of Sc( , Itla icnclcncy. As she is unablc to be present in person in Canada she is represent M by a governor- r general ahpVi n , ted . % •ti , by her majesty in council. . • This functionary; generally chosen from p ublic men of high standing in E nl;lancl, has double responsibilities, for fie is at once the I;ovcrno7--in-chicf of a I;rcat del,crt.dency, who acts trndcr the advice of a ministry responsible to parliarnent, and at the saine tirnc'Yhc guardian of imperial interests. ' lie is bc i rrcl by the ternis of his commission, and can only exercise such authority as is expressly or • implicdly cntrustcd to hirn-by the queen ., He must report rel ;ularly c>n all those imperial and crther, matters on which thes secretary of state for the colonies shouldlyc irtformecl, (sec abnve, l ). 64). In- bills reservrd for the consideration of the imperial f;ovcrnment he fnrwarcls thcm to the sccrct~ ;try of statc with his reasons for~r;crvinf; thcrn~. The , British North America Act providc.~s that copies of all acts of the Canadian l,arliament shall be sent by hinn to the secretary of state for the coloni'e's, that thcÿ may be cluly considered and clisrtllowccl within two ycars in case they are found to conflict wit h ► imperial interests and are, ~cyond the legitimate powcr.§ of Canada as a dependency. The I;ovcrnor-gencral, as, the acting, head of the cxccutivc of Canada, assembles, . A I"

-A A

of .

.~~tg,ul c4~r,iuu o

AUTnGRAP1IS OF ( i 0V6RNURS• ( iF.rYP,RAI . SINCR. 186 7. . . .

' Sir John Young wa.s crcatc(l Biron Lisgar in 's 87o, gencral. while governor- ~ f 75 ] . EXN.c'UTI1'1.: l'~ ► 11'I?f: . prornfittcs and dissolves lr,itli,tmcrtt and iSscnts to or icscrvcs bills in tire tt;► m c" cIIcd ' by vcry'c'x cc ptic~rta l cirëum- stance!~ tp resort tcr thc , c x trcrnc rt (:rcitie of the 'royal prerogative, hc must be prepared to firtcl ;► rt ► ,thcn body of advisers ready to asst.rrnc . thc.~ full ro lx,t► sibility o f his action and justify it b cforc the- h musc and country. For every sctc"t or the crown, in Canada and in E,etglancl, there.- must be somc one immccliately reslx,htiihlc,' .11r;trt from thc•crcrwn itself q . But a gcrvcrnor, l. We anÿ• othcr sttbject; cannot hç "frcccl•fr orn the- reslx mnsihility .fc~r his acts rtor , INb allowed tii c>^tcusc a violation of the law on the p lta of having follcnvccl the courtscls of evil advisers ." Cases tYaay arise when the f;oi•crnor-I;cncral will hcsi k"ttc to ` corne to a specdya conclusion on a matter * inv'b1 ~ in k important consequences, and then it is quite pfâpcr for

V. . ,~ o • •

, . , 'rn . 77 him to seek advice from his official chief, the, secretiry of '?~tate fol the c'c,lonit•s, c ;vcn if it be .t matter not itntne- • cliatcly invc ►lviti~ inrl>ctri,il intcrests . ~ The royal lrrcr() ~ ;;ttive of mvrrti• is nr ► Iringer exercisccl ;mcnt and rc-sl on the sole j,rc1} ►utisil► ility• of the guvcrnr►r- gcncr,tl; but is acl :ninistt•rc•cl I ►tirsu;trrt ~t►► `thc aclvice of the minister of justice . With respect to the 'allrlav ;tncc or clis,tllr,w,tncc•4 1 ► rr,viirci :rl •,tcts, ever silice the ci.hllillg* into force of the British . North A mt•ric:;t Act,, the 0 $ I;t,verntr-gencr,tl has invaria ►>lyc(ecirlccl c ►n tltc;aclvice of his ministers, ;trrc,l ltt tr ► l ►rt ►nrt.)te the usefulness and ciignity of his .hif;Ft tiflicc, the t;c ► vertrc ►r-t;cneral tnir"t nceccstiarily, In the discharge of his important functirn,, have many ,- ' c,l>hcrrttlnitiis of ;ticlinf; the interests of the country over wtc>se government he 1 rcsiclca. Although the initiation' V* ► of lntl-Ilic,, mcastlres, pcLCssitr'ily rc~5ts with the ministry, yet there are nutnero ►us occasions when his cc~utisel is inv:ilu :thle in the m;tturing of rtrtttters of the f;ravcitt p6litical concern. ~ I f we could see inttr the inner councils c► f government we would be surprised at the ittfluenccra prudent and conscientious ;c ►vcrnrrr can ;trtd does. cxcrcise in the administration of public affairs . While lie continues to be drawn from the . rank$ of-, di5Xinl;uislu:cl Englishmen lie evokes respect as a link of . . .

. ~ ." . .. .~ ^ . . . r ~ \

/ • ~ + ' _ . ~ . , . . .

78 I:X 1:c'UTI V !: I}c)WER . . cortnecti(tn het%te erl thi~ Itre•ilt state ` 1 :tncl its c)élrcttcletlcy. ► 1 the Ircrfc,rnl :tncc r,f his ci ;tl clutia; fie is brought intcl cc~nt :t( t~~ with aII sh ;ulc~s of ()liinic>tl, :tilcl wiclcis ctirc th :tt an i►a(iu- .nt ;ty~Ilev;tte tic,citl Iifc and softc of .rt th(. t)it,tc~rncss Public rc>ntrc wcr.ti} ~ lr~tllrr } ~ • win g public nl(. n to tncet on O,ntmurt ground and utr(lcr cc,nclitic, ts ~~ hich ~~ in their respect. In ► the_ tours lie takes frc 1 n ti ► ilc to ai time thruu~;hc>ttt thc 1)c mirticrrt ► he is able to tn . ;tcclu ;tirttecl with all c ;tkc hitnsel f .I ;ts';cs and inkcrcsts, ancl, by the infc,rtnation • hc tlhcrs in this t~ay, c,f the rctic ►urccs of the country he can tnakc hirn,clf an important agent in tllc (levelc,l)nlertt of C: :tnacl;t . In the cncour;tl,Tenlertt of science, art and •Ïiter ;tturc lie li;ts :tl~ti ;t}'s a fruitful field in which he may I>èrfornt inv ;tluable service . 3 . --Tho privY Council of Canada, The British North Arneric ;t Act of t867 Itroyiclcs that tlle courlcil, W hich :ticlti attci :tclvisey the I;overrlctr-getteral, shall be styleci the " Qtlee ► l's privy council for Carl :tcla,,' recalling that ancicttt council' whose history'is always associated with that of the king as far back as the earlies . t clays of which we have authentic record (seellLcve, As in 1?nglarlcl, thc - termti " cabirlet," P. 49)•. " ministry," "administration," and "goverrlrnetlt," are 1 ►1dIfferCtltly al)1)ll('CI in Canada to those members of the privy council who are for the time being at the head of public afCtir•s . Privy coutl= cillors; when not iii the'I ;ovcrnmcnt, ret ;tirt thcir honorary rank, but it ~iti simply one that entitlc5 th~rn to certain prececlence ctn state oçcatii,,ns and has no Official resOorl- ~ibility. 'When the I ;ovcrrlcrr-I;eneral appoints a body of advisers to assist him .in the gweritment fie calls them first to be members of the privy council and then to hold . PRIVY CO tJtit,IL OF CANADA . , 79

cert.t in offices or clelrtrttncntti of state . I t sc)rnctitnes happens, hc)%vever, that • min isters are, appointed to the cabinet withoitt a 1,rtf6Ïic) or department, in accordance with F,nglish practice . The nurtitjer of tncntbers of the cabinet vary from thirteen to fifteen, of «dhc~m twelve are heads of clcl)artrncnts, whc)sc; clutics are regulated by law and usage, At the. prescrit tim c there are the f0 ►Il 0w- i.ing hcacls of clc partmcnts or ciivisi ons of the bc ►vcrnment fo r purposes of administratio n

i . The !'rect'deir! of the l'ri-,.,y C ,rurir'l, who lirc:sicles over the mcctirlt;S of the cabinet, and has no clcpartntcnt;il clutlCS`exccpt those clonc unclcr his supervision by the clcrks, rclating to the work of the-council . All orders in cenlnc•il, and acts of the courrcil, are sent from this office to those clelrrt ►nents and l,ersons who have to act wulcr thcm.

2. illütr'ster i f frislic-e and Alle,rnery Genet-al of Canada, who is the Ic•t;al aclviscr of the g ovcrnor-I;cnercrl and all ctrl ►artincnts oY the I;ovcrn nrnt . lie has the ► supervi sion of ► natters af%cting the administration of justi ce in ('anacl.r, r~ vicws all legislative acts of the provinces within one year after their receipt (sce below, p . 168), and in short is the Iaw officer of the Dominion governmcnt generally. " c• h;1s Also the sul►erintcnclcncc of the prisons and pcnitcntiaries of t;anacia . k

3. h>i,tfsrtr of Finance and Recciif`er Gener,rl, who~ has charge oi all matters rcl,ttinl,• to,thc finances and cxpenclitu ► es ol' the Dominion' I le lays before prrrliamcnt the " bu ►ltièt " (sco belenu, p. t tg) or official statcmcnt of the finaficial condition of the cotuit 'ry, explains the policy of the I;c ►vernment'with respect to p.Wblic taxation,the public crcdit, and the public ctu rcrlcy. -• 4. 11f1

S. ,tlr'~tr .rlrr rf A~rr'crr/!rn-r•, who has charge of, the following matters : :1};ricultutc•, itnnti} ;r; tiun, public 1 c•; ► ► ► Ith and clbtar ;► rttine, y arine and itrin i};r;tt t l,usl,it ► ► ► ; ►I,, cc►tsus, st, ' Of st; tistics, Ir ► tistics, and registration ► ►tcnt, ()f invention, cul►yrigltt, industrial clcsif tr ;tts and ;ule marks, c•xl,crimcnt, ► I f.u rns. 6. Sr•n-rl,rrv (f.~'/,rlr, ►~ h~, h;►y char} ;c Of all the cc,r-rctil,c,nclc•nce hettvr r n the } ;c,verttr► ic•r►t,;► nci the l,ruvincé~, and un all other ufiici ;►1 n ► ;►tters rcl ;►tin}{ to } ;r,vcrnnir•itt gc•1lcr ► l1y ; rc•gistc•t ., all le for the .ttiun of rt ► ilitir► '.,ti; ►i,,, inclnclin}~ furtitic .; ► t`iuns, : ► rrrrc,tuics, ntur► itiurrs Of W :,', tit„rc,, srltuul, of in,truc tinn, tnilit . ► ry cc,llcl;ç at I~in}~stc,n . l_'nclcr I itn i, ; trt ; jc,r•} ► ► ► ;cncr;tl, cl►uscn frc,nt time regular ntilitary Scrvicc c,f 1•;ngl.mc1 . . . ,llr'irt'slrr r~j !h~• Irrlrvir r, 9 tvl► c, hns,contrr,l an nt; n; g the afi; ► ► ernent of ► irs Of the \c,rtl ► wc•,tfcrrituric,, of the Incii :► r,s, and Of : II public land", I,c•Ic>ngittg to the ~uvcrnu ► ►ent, ;tnci of the geologica l Sttr«y -f c . ► n.► ,,1 ► . to. I'r,.cl,ri ei,lrr l;rirrv rl, who has time tnrtrta};entc•nt of the post offices and all nrr; ►n};c•r ►►`e•ntti rel ; ti i}; to tl c ► ► ► - postal service in Canada, and 1)ctiticrn lier ;III([ all c,tltcr l, ;u ts Of the world . t t . rllfru:clrr if /'r,h/ü l i~,r/•s; who lias charge Of the constrttc- tic,n, rel .► irs and n~; intc n ; ncc of all ► ► lntl)lic: buildings and works (except rail«~ays and canals). tg. ,111i~tr:,/cr nj /,;ril;c~,rys and Grrrrrls, who has charge of the* IntercQlonial IZ, il t~. j• lact ~~ccn ► ► ► ► the city of t,~uçhcc, lialifax, and St. f

4 MINIST•I•:lt,ti NUT IN THE CABINET. '81

John, and"all matters which• the law cntrusts to him in connection with railways throul;hout the 1)ominion. All the canais of Canada are alsô under his direction., a nd superit itencience~, . • Uncler a ll tllese 1)olitical heads

p 5.-The Premier of the Cabinet . As the members of a cabinet only occupy office while they, rretain thé confidence of the lower house, the m~ajority *necessarily sit . in that body, though there is . always a certain 'reI)resentation (from four to two), in the 6 Q

8 2 EXVCUTIVi? POWER .

, upIiçr, btanch or senate . Since the comrnons"llolcl. the' , }I,.', and- dirc,ctly rel~resc nt Xh~,I~cople,. {illth thee, nu~st iml~i~rtant cicl~artmcrtts, cspvcially of financc and revcniic, must ncccssarily'be representeci in that Urançh. 'I'hC tnlnlstry,tlicn, is prac~,içally it cotnmittcc of the two houscM. . its head is know» as thc "premier " br p rime miriistcr, who, as the leader of it political Iptrty, and from coinrnaiulinll; iii(iu'cn ojt and ability, is in z 1~o-4ition to Icl the lunttica and control the I;ovcrrimcnt of - the couittry. I(is titlv,••lurwcvcr, is one uük'nown to the law, t hough borrowed fi-mn the 1?trf;lish 100 itic,tl systcm. I t 7 m-i gin,ttçs front the 'filct that he is (ït`st vallccl upon by the soverc:inn (or, in ~'~trt.uda,- by her • rc~`)rescntativc) to for•ri~ a ntittistry. "T'iiç moment hc is entrusted with this Iii-Ii rcsl~c~nsil.~ility it is for hitn t~r choose such member s of Ili,; I .tt•ty, ns are likely, to Jn•irt}; strength to the • I;ovcrtttficnt as Im litica l hcxly, and calr,tcity to the it "' :►cintirristr;►tic~t~ c~l ,t ic aff;tirs. ' 1'Itc f;cwcrttc~r I;cncrril, . on his rcccrnir»Uncla tic~n, ;t ppuints' these men to th e tnittistry, - .I1s,,t rule, on ttll rixtt •~ c,f ~ important public abine I>olicy the communications Ix:ccrr the . c t and - ~ ~ govcrnoi• tal:c placc `thrc~ul;h the prcinicr, it. official - ~` ' , ltc►acl . ' I?vcry ntinistcr,, hc,wcvcr, lias 'a right tci corn- munic,tté with the ovcrnc~r-~;encw►l on ordinary dclrtrt- nlcrtt~tl tt~~tttct•s . ~~; 1f the prtmnier clics or resigns the c;tl>iitcf i clistiolvecl, • and the' ministers can only hold oflic~ unq a nc"w, I>rcmit:r is called to the Public council s • by the presentative of the çrôwrl. It is for the new prcnicthcrt to ,Itik thcrü to rcrnain in office, or to acccpt their . resil;nation . In case a I;ovcrrimcnt, .is , . . defeated in parliantcnt, the premier must either resign or clsc èonvirtcc the bovcrnor-I;cneral that he is cntitlcd, • ' ~~.. p,

I M ,

a1 G

* , _ ~ . • _ - . . `~ 7'III. JCOW I?ItNOk-G l?NI?ItAI . IN ('(SUN('IL. 83 to a(lissd ltttion or gcncral clcction on the g round that the vôtc of cctlsutc, does not rcp rescU t thc,scntimcnt of' the country. . , r „ ~~~ ,~• r . ► 6.--Rulee and Usages ,, . of Parliamentâry. . C}overnment. , . In the rules f;ovcrnini; the fciriit;ttion of the cabinet, its (lissc,ltItion by clcath of the premier, its,resii;nation when (lcfcatccl in the commons, and . the rela tions ° bctwccn the govcrnor-l;cncr;tl and hi s advisers, we sec the o crati p on c )f th e 'cc ►itvcntions, tinclcrst ; tnclinl;s and . maxims that have grown ti p in the ~~i~ursc of time, and make im rlian~e ntary f;ovcrmnncnt workable. These coii- vcntions, rulcs and usages are' not "rules of law in the strict scnsc s)f the phrase. We do not fincl thcm laid clown in the British North America ct, or in any • statute or law c ►f •E ni;Ia n d or o f C':uictfl~t. The eo ur•ts can hca r and (I ericl c,; üty, case or action ltrisii, g o ut of the , 1>rovisir ns o f the w ► rittcn , Iaw' of thc~ cortstitutic~n, but they could n(~t be ,tskccl to clecidc ()it such ;t m,tttcr as . the propriety of a ittinistrÿ, resil;nin}; on ;t hostile vote in the hec ►pIc's house. '171ctic com-cittion s and tuitlcr . - standings have. flow cnteretl into the, ltracticc of Ir,trlia- mcntâry : l;ovcrnntCnt as absolutely cs5cittial , to its op cr!ttioii, and have now as rtttich fi)t•cc in E nl;lancl and the self-l;ovcrninl,► (ic'pcii(Iencics as any lcl;a.l cilzictmcilt, sincc they have the sanction of 1>u bli~ a I a . . n pl>roval. r 7.--Tho Governor-Gen©rtyl in Couneil. ' All orders in council, corn missions, prc~clamrttions, anc l other acts of rxccutivc' auth( 7)t•ity., f<~llow the cotu-ofse I :nglish prçèalcnt .(sec ctbv7m, l'• 52). 'l 'hc i;.o vernor- gcncral in éouncil mcans tltc gcwcrttor-gcitcral acting 0 , +4,f l 84 1?XEcUT[vt-. E'oNVEFt . . . , ~ • • by ancl, with the advice o f his comnl ittcc Of the jDrivy ccntncit O f Cattacl~i-that is to say, the cabinet. , Procla- inatihtts sumnt 0ttinl,*, proroj;uittt; and clissolvinl,r harli,.1- tncnt, writs of clcc o l l j O to ; .ti r , aticl cort n issi ns c fiicc mus si};rtccl . by the t;cwcrnor,i;cttcral, cottrttcrsit;rtcci by at be mittistcr or O thcr p rOpcr officer, and l)c,~;tr t'hc great sèal Of Canada (see helow, 1 ). 86)." On c•vc ry executive act there must be the evidence of min istcrial responsibility and authority. . n

8 . - .--Civil> Service . The cffcctivcncss O f W intinistrCttiott l,tr~cly clcpcncis on the c-c>ncluct and ;tk)ility O f the civil sCrvic.~c Of Canada, whicli is the terni } ;cnertlly applic:(l to all classes of public ()f 0 iici,tlti and cntl )IOy ecs in the scvcral cl(j)artmonts Of the executive t ;iyvcrntttc► tt . "(,'ivil service " is ait Olcl 1?tt};litih phrase, titicc) to clistinl;uisti the sulm-ciin,ttcs in thc'civil gc~veritmc► tt from the naval and ntilitarÿ services of the country,

All public Offici,tls are ctplxointccl by the governor on, the recc>mnictt(latic~n O f the ministry Of the clay. A. 11 A ap(ïôjittntettts are "ciurint,r pleasure "-in-actirilly, cluritil ; "t;cxxl bcli~tyiour „--ancl the great body Of-clcrks and cnlp lc>yc_cs ~ bclm w the rank of clcl>uty head (see aGoz;e, 1). 8i) Ytust pass art c.~,tntinatic~n on their admission and serve a terni Of probation c,r'trial of rfc~t les than six months before fin ;tlly placed on the staff of ;M çlcl>Itrttiicnt : A board of cxaminet :s is ,ipl>oitttccl by the i;civcrnor- l;c•ncral in courtal to examine all candidates for zclmissiott', s and give certificates of compctcncy to those persons Who V0 pass an cxamitiatic~n sucressfully . . Promotions are. made urulcr special examination irl the clcpartmcnts of th e . . ' r

THE CIVIL -SERVICE . 5' public scrviEC .' But city pasttn ;istcrs, inspectors of post -offices, irtspectors, collhéters and preventivc" officers in the customs, inspectors csf wcights and mcasures, ;trticul;u• party or ncLrninistr ►tic,rt. Ilecol;niziril; their c,bli};;tti<~trs in this respect, tile public ofiïci ;tls of the I)mntirtic~rt must kc•rp ;tl()()f fruni Irtrtÿ conflict • ;tncl intrig'uè, and rmtfine thcnttielvcs to the w let;itimat%t futiçtiuris clyvcrk•in}; tulrmt thent . When they have,-att;tinccl ;t' certain ;tgk,, c,r bec(MR., incapable of Iterformin}; . thcir cltrt`ii~ti, they are ;tllmvecl a fïtir supcr- atit`ruatic>n or rctfrinf; ;► II(m.;tnrc.ttncler the conditions I ;tij, rrn~r-in-cmuncil may ;lc1 tcrt ycars to the .actual tertn of service . A ri-clw-lion of t\\•() per* cetrt 1nnn111Y is made from the salaries of iOfiici ;tls toward meeting tlie . cxjencliturCS for supcr ;tn ►ttt;ttiun.' The revenue does not mcct the cost of this allowance •so

• Preventive officers are those whose dirtics nre to liTevcnt smut ;l;linl; of. goods into Canada; that is tA say, without payin6_thc duty reyuircci by law.

• « . 1 86 POWER. 'far . Whateyer ~icfccts lnay still exist in .the rul es and 1)r:tctices that rct;ul ;tt_e the 1)uhlic acr~•icc~, it is n( )t ti,O r1lttCll~tO say that the I)l',Illl ;t ll't)t, ► OfflC ► ; ►lS of (,a rl :t(I :t are, a body, all inclustriOus ;trl(I c fficic' nt , i•l;►titi, w hc>se •.,~ sç•rvicc, ;tl•c. i n (lisl>ct)s:tl)le; tc ► the ;t(imi ►)ist.►•atic)n .()f public :tff:► ir•s. ,

©. - Grorit S©al . of' Canada. .,. l ;y 1)er`'m ;tjesty''s cO I ►t n) ;utcl the };c)verr)1t)ent of the 1)un)ini(> 1 ()I t. 0in;tcl ;t lt ; s ► ► :tutl)urity tc ► ttsc a sl)eci;il l;rc:at V sc:► I, c (,ntl>u.~rcl (,f tl)e rOy• ;tl effit ;y, With al)I)rc ►I>ri ; ►tc ;ulrluri ;tl tiurr(,un(IiI1~ti : ntl ► a c•( )n)1>ilt :ttion of the. ;trnls of tlu• fi,ur I)r(winres tll ;tt lir;tcnterc•tl into a ficlcr:tl union . The I)rm,i Ici; l • : rnlti are ► ► ► ► ac,t :►rr;utt;(xl (,n a shield in fupt• divisions, ( ,1: „cltt,urterly" as s(.1 fi ► rtlt in the r( ►y•;tl c ►µlcr, but the tic•,tl is actually c• () ► nl)( )sc•cl as fi)IlOvs : Ittcetl sc•;tt(•(i ul .11 lit! ( ►()" tilt' thrur)e, (' rmvrt(•d , and %t, ith orb and sceptre in her Ir, ; nct, . l'I,ti'eii, al>p.uently, ul>clr) the straight ster>)s O of two young m rk tt (,(!s m n <•itl►er si d e of her, tilt! leavçs .a1)(1 acorn s ' shr>w i,)l,r 1 ow c(•n ► Ille tihit•Id,, ntc futir sel5,r,rlr1 0 slü(•Icls ; upOr) her rixht 1>:ut(1 Ir,tr) ""s tue c,>a t of m n)-, of Orlt:u ii>, that of Nova Scotia O1►(•lu,ttl) it' ; on he r Ik R the shield of Q n e1),~r, with that of Ne w Brunswick I>el >w. liene ;(th her li•(•t is ► a tihi(•Icl clisl>Iayinl; , her uWn. r o,tt of arn)s,' withutrt Supporters, cr mv n, Or mot( 4) ; in the , trarcry above the throne or chair o f st,tte is tlr (r m,)ttr) " I)i(•u et mon droit" (G (,(1 and r)ly Right). In tltc circul :► r rn:u git) of the whole seal, in I :u);e letters : " Victoria Dei i 4, ► ti: ► _ltrit,►nni,)r. !Z (.};in :i F.I) . In Canada `101lui)). (\'irtt,ri ; ► by the f;race of (;ù(i,({uecn of+. 13ritainY defender o f the F :►ith . Sc:tl in Canada .") The illutitr: ► tic)ttj)n,the opposite page- w ill give a b0 ter ° ' ide; of the sc;11 than a I1)ere verbal description . This sc;tl " il~accc)rcl;tt)cc with The tts;tl;es of F,nfilish law, is . the~ etttblt`m uf~ flhe royal authority in C;1n :la, the v

a ! v Q. G,CCQ~,. ~,.~,. •~ eviclence . of the royal will 'and Ir.croi;,ltivc cxcrcjscd under thc~ constitutional fi~rrns pcculi ;tr to our systcm of government. We can trace the irsc o f such it scal to very early tirtrc's in I?ni;li,h history. Its keeper always was and is still the lord high chancellor of, England -the hit;hcst judicial officer of the crcrivn--who origi- ~ nally was one o f the clerks or sccrètarics of the king ; by whose order he affixed the seal to all official documents of royal comrharrcl . Absolute faith is i;ivcn • to every lrtlacr tlt,tt 6cars this tical . I I ~ctn;tcl,t it is aflixrcl tcr I)roclantatlorrs silnrnr 0nirlf;, lrr rc~gtrirri; and clissolvini; ltrli;tnrcnt ; to writs of clcc'birm, commissions of licutcn ;tttt I;c,vcrrt~>rs, jtrci} ;c.•s, titcnrbc•rs c>f the privy council, clclr ;rttnent;tl mi ►ii,tcrs, speaker ,tncl mc~mlx~rs of the scrr~ttc,tchic~f clerks of the. two hcrusc.ti, clcpùty, In inis-` tcrs; and ttunrcrous c ►ihcr- 1l6lalic officers ; ami in short •, to ll a official and c vcuti v~çz ;tc~ts of the cluccn, clc>n e, ttnclèr the authority of the I;rive rnor-I .tilt ;cticral in cciurrcil. All documents bearing ; great sc,tl must be couitter- si{;ncci by it crown o(üccr. or scmtary of st ;.ttc.

10.-Dominion Coat of .Arms, ` \\ T)ic arrns • o f thc I)()tntttic~n arc coml>osccl o f the arrnti of the fc~trt• original Irrc>v inccj; O.titario, Ouchcc, Nova Scotia and `W c% i I~runs~~ ick-cluartcrccl or c o rtihinccI in one shielcl, its is sh()tr» ncxt page and on (litg or' . i;c~vcr- n or-gcrrcral on another pages (see hclv~c"; 1). c~o), It, is rrt) unusttctl to add the armorial hc.rritrl;s of the other l rO%I rnccs that have been brciul ;ht into the \ trr1'iorr - sittcAc t8G7 *,-I'rirrcc .cl F' w;trcl Island, Manitoba 'and British * A11 the arms •of the provinces are given in the Fourth !'art of work • this Pl 1. . ( . I

I I

, • ~ . ~ ~ ' • . . . ,• . . ~ n~ ♦ M `'t iibC. I;v ION ,rr . Ac,s. -~•t . ~ ~, Columbia - but t~is cannot be clone «•ithout express • , ,,~,

p ~ '' .• ~dll Îr iln~ 1• ~ ~ . I~II ~ Ill ! a,,si'iiii ..,,igi:. . .

• DOMINION, (•un•r OF A ►c .N1q . •• royal"aithority, .utcl trntil thi~ is :~c c~rclerecl the Vc~rrcct :►ncl lc~l;al I)c~nrinic~n sÎrielcl of anus is as st ;tteci ahot•e .

11 .- Dothinion Flags. The fanions I•:nf;lish flat; cïmintcinly callccI the " uni o n jack " is flown from all the fortresses rincl - f;,crri so ns of Canitcl,t, whether unclcr the rh,irgc~ of inlperial rnilit, ►ry àuthorities,or colmni .r~i militia forces. The union jack is' a conihin ;ltion of three fl,rl;s. The i•cc1' cross on the white l;-round is for I?nt;lanc.l, die white cross with the arms pl .►c'ecl, cli,tgon allyon a lilue t;rouncl for Scotlartcl, ,and the red cross with the arnis pI .rrecl' cliaI;onctlly on a white I;rouncl for Ireland . 11 I t is seen on the flat;s of Canada illustratecl on •thc following Ixat;e.

.r A

90 I-'.xl-a' uTIVI: POWER. ~ . . . The l)ominio ti of Canada lias also authorlty to dis- pla) , on all public occasi ons a national flag, viz, the red or bltàc c► tsit;ti, a flag of p lain red or bluc haviiit; the

T IIN R K D EN.SIGIN OF CANADA .

i tt-riic,n jack itt the tipl>er "canton," or !-orner next the nlast, and thc Dominion coat of arms in the "fly" or field of t1tC flag

1 FLA(i OF THE (iOV1s RNOR- G BNHRAL. Thc 'rcd ensign is displaycd at the olicning and closing of parliament, and on national occasiptl5, The blue . . .

. ~ M

DOMINION FLAGS. 9L cn-sifin i s a cli~titrl;nishinl; (1;tg of thc'govcrnmcnt vesséls of Canada ; the mercantile maritic of the Dominion Itiis a right to ttsc'thc rccl ensign ;c . The I ►vcrnor-I;crtcr;il has authority to use a p lai n union jack in the centre of which arc' the Dominion arms, surrutr ►iclccl by ;i I;;trlanci of inapte leaves and sttr- mountccl by it crown, as we show on the ltrccalinb I ►af;c. Irnl ►cri;tl renulationts at present for some reason limit the utie of this flag to occasions when the l ;c► vcrnor-I;cncr;tl is "i•rrrl,;uked in l>c ►;tts and other vcsscls." The union jack is c►rcl(.rccl to be flown lit the government house at Ottawa on oiciin ;tryocc,►,io ►ns ; the royal standard it the government houtics at Ottawa and Quebec, and at the cit ;tdds in Quel )CC and 1 I ;tlif ;tx (an inil ►cri ;tl g ;trrisort) on the clriccn's birthday, and on the c1 ;►ys of her nt;tjesty's accession and coronatiott . On t1yC Toronto t;overnrtlcnt hou-se the Itriv,ttc flag of the lictttcnarit-t;ovcrtior (see `belv-,V, h. 153) is trscrl, and o tlicr licutcna ► tt,,#t;ovcrnors have itresurti;tl)ly the s;ltnc right, though the union jack is flown orl ordinary occasions at Quebec . This provincial . c;tl it ► ;tl aple;trs als~ ►, as I have shown, to occupy an cxccl>tio,n'al position with respect to the uses of the royal st;tncl ;trç.i .

1 . ~!j. tY.1f ~, ~tM ~... . CI-IAPTEIR 11.

TUF DOMINION GOVERNb1FNT : LHGISLATIVE POWER .

1. Selreile.-a. ffouse of Comarons.--3. Speaker of the. flouse of Coararons .+¢. (Vit"ers of the ffouscs . '

f WC have 110w to review•the nature c,f the futictiO ns of thç sel l,tte and ll()use` c,f ~ un~tnc)ns, whc,, with the clueeli (represented [)y a t;uverncrr-general), constitute the (rlrlla- ti ment of Caliacla.%

1 .--Tho Sonate . Two houses always formed part of the provincial legislatures of British 'North AIlterica from 1 79 1 utttil 1867 , whett Ottt,tric,, whe,se ",11tl,le has hev n fOllc)wecl hÿ the ynctjo,rity of the other I)re,viiwes of the cc)nfec~er~ttic~tt, cleciclexl to confine her legislature to an electecl ~t5~ettibly and the lieutenant-};( ;verno,r. 'l'hc,ul>Ix,r'ht)use or senate of the CanKli,tn l,trli,tînent I>Lars a ttatne which goes back to the d ays of ancient Rome, alid also invites cc)tnp;trison with the clistitt[;uishecl body which fortns so important a part of the c.unt;ress or national - legislature of the United States ; but neither in its constitution IiOr, in other respects c1c)es it rèsetnl)le those great assemblies . Three f;reat divisions of Canada, (i) Maritime Pro- vinces, (2) Ontario, and (3) Quebec, were in 1867 each give ►i an equal representation 'of twenty-four melnbers with the hO'[)e of affc)rclirit; a sl~ci .tl protection to thm , 1931 L EcItiLATIVi: Pc~NVER, ' 4 - . representative ' f intcrests irt the trl►p~r hé\sc. Sine t 8Fÿ the entrance of other provinces, and, the division of the Northwest Tcrritorics into clist'ri(: ts has ro% is ii ►"ir of" the la w allowirtg the addition of three or six new tncmbcrs to tncct ;i grave entcrl;cticy, such as a clc;uilock in a political crisis, The senators are al ►I ►oirttccl unclLr the great scal of Canada by tilt- gc>vcrnor-I;cncral on the rccontmcnclation of his I,rivy courtcil, and rttust be of the full age of thirty years, and have real and Ircrscinal 1►rol>crty w c ►rth four t hc ►u s;utcl dollars over and above their liabilitics. The I r sicl rrt or ► c C speaker c ►f the house is alrlxointccl by tilt! };oVcrnor-I;CnCra) in couricil . s In legislation the I scn ;ttc has tilt- saille lu ►wcrs as the house of com mons, e ccl x ► t with respect to ► bills or 111cilsilres imposing t,t xcs, o r c xl ►c nclir ► I; the public ntonnys which are the I ►rc ►cccclti of taxes on the people . Such measures shotrlcl contntc nce in tl w loW cr or ('oitfntonti' house (sec j,elvzv, 1). t 1 7) and the scriate rrrirtut even amend or make Changes therein. Divorce bills are, a l%~ays presented first in the senate, but this is simply as - a matter of con- vcrticn cc ; it, has no I;rcatcr legal power in this respect than the contntc,rts. 'I'Itc, senators c ►f, the province of Qu(.l)cc; must resiclc irt the divisions for which they41 arc choscn, or . have t hc ir 1>ro pcrty qualification' thcrcin--a provision intended to mairrtain French Canadian representation in the upper hotrs4-=--hut in the case o f the other provinces the law simply requires that members reside withitt their proviti~e. If a member becomes bankrript, ❑

♦ 1

a ~' . HOUSE OF COMMONS. 95 • . . or if he is absent for two sessions, or if he becomes a citiien of another country, or if he is convicted of crime, - his seat will be declared vacant.

h 2.-House of COIIlIIloIIB . It is in the cpmmons or elected house of parliâment that political, powér rests. Its majority makes° ond unmakes cabinets. No ministry can ; remâin in office' without its support and cônfi(lence . hor some :years the number of, meil)bers representing all the provinces amounted to two hundred and fifteen, but . by a law, passe~ in 1892 after the taking of the last census of,the p?pulation of Canada, the representation { has been re- arranged as follows :- ,

P:tOVINCH . ~ , • hi BNBRkS. Ontario ...... `...... 1 92 Qdebec ...... 65 New Brunswick ...... 1 . . " . 204 Nova Scotia Prince Edward Islaiftl ...... 5 14, Manitoba ...... 7 British Columbia ...... 6 Northwest Territories . . : ...... , ,. 4 ~ . ~ . • . . In all ...... , . . . . . 21 3 The representation mu'st be readjusted after every census, which, is taken every ten yc~rs--the last in 189i : The ~ British' North ~ Ameri'ca Act provides that the French Canadian province of Quebec must have always a fixed number of sixty-five' mcmbers, .3nd each of the other provincqs is assigned such a numbcr of, members • ' ,

SPEAKER OF THE ~iOUSE.

as bears the samc proportion to the number of its population as the number sixty-fivc bears to the population',, of -Quebec when aicertaiitecl by the census . British .,4 Columbia, under the ternis of union, cannot have her representalion reduced below six . Under the census of 1891, one Eiietnber has been given to (Avery 22,477 per- sony throughout the I)ominiqn--in other words, that is the unit of representation until the tts~xt ccnsus in the year 190L . . , , Nb' property qualification is now 'reeluirecl from a member of the house of commons, but lie must be a -Iiritish subject by birth or naturalization-that is to .say, he must have taken the oath of allel ;iance as a British sttbject after living in tlie Country three years qincler the law. I ie must not be a person convicted of crime, as the, house would in such çases e-~pel him . If he becomes insane, his seat is vacant under the f;enei•al''lxolitical law. I le neeci not reside in the district for which'he is elected to parliament . Ile receives, and so- do senators, one thousand dollars as an inclemnity or allowance if the session exceeds thirty days in length, and ten cents a mile each way for travellit,ig expenses, computed by the shortest postal route.

$.-Speaker of the House . TIje speaker of the commons, or the permanent chair- niati-an office of great dignity and responsibility-is elected by the members of the comtnotts on the first day of a new parliament, or whenever a vacancy occurs by death or resignation . Ile is assisted by a deputy- speaker, also elected every new parliament or in case o f 7

4 ' ` LEGISLATIVE POWER.

a vacancy, and who presides over what are called 'com-, mittees of the whole, i.e., the house withok the speake r tn t le c arr.

4. -Officere of the Houses. In each house there is a clerk or chief officer appointed by the governor-general in council, and having the assistance of a large number of officers and clerks who, under his direction, write the journals, attencl~ committees, tr,ins- ~late the public documents, and clischarl;e .the countlçss clcrical duties of'a legislative deNartmeiit . French or English may, bc spoken in debate in either house, and must be used in all the la«~s and _rccor(ls. All the debates are reported by an official body of short- hand writers ; in the conlnloils they appear daily in the two laill;uages. ' The serjcant-at-arms is the princit)al executive officer of the conlmons, who has 'Charge of messengers and pages, looks after the furniture of thé house and offices, arrests offenders against the privile~es of the house, and carries the mace-a gilt emblenl of the authority of the hotîsc.~--before the speaker on official occasions when Itarliarnctnt is sitting. In addition to a scrjcant-at-arms, ~ the tienate. has also a gentleman usher of the blac k rocl, who is' the officer, commanded by the ~;cwerne~r- I;eneral to summon tj_je conlmons to atten (i hinl, in the senate chamber at the beginnin g or end of a session o f parliament. v

CHAPTER III .

THE DOMINION GOVERNMENT : LEGISLATIVE POWER- Contillued

S. Dominion Franchise.-6. flow Elections (:ré 1Yeld.~7, ctfee!- ivt~- of Parliamenr.-d: l'leclions after a General F.leclion.- q. Oath of Alleknance.-ro. Indefiendence of !'artiutncnt and Corrrtp! l'raclices.

5 .-Dominion Franchise or Voter'e Qualifications . l'rcviotrs to 1885, the franchise for the several provincial lel;islatures was the franchise for the house of comrnons, but in that year; ,ifter a very protractcci debate, ân electoral franchise act was patiscci by parlia- mettt for thevholc Dominion . The franchise, thotrl;h somewhat complicated in its

. I oo LEG SI,ATIVE POWER. _ .. . .. ~ such property for one yea before being placed on the list of voters. In the foregoing cases q4iner and occupant means a person wh o owns or occu~ies propert,J in his own right or in right of his wife . 2. When a resicient vithin an electoral district with an income o r yearly earnings of at Ic:tst $300 front some profsssion, office, trade or investment in Canada, provided lie has been a resident for one year before being place(I on the list, or before the date of the appli- cation for that purpose. 3. When in receipt of a life annuily, that is, an income paid him for every year of his life, secured on real estate in Canada, to th e value o~$ioo in money or money's ~corth.

q . A f: rmer's son, who cloes not vote under the foregoing provisions, ha' a vote, if for one year l>efore' heinf; placed,on the list lie has resi led with his father or mother on :t farm, or other real property, w ich, cqually divided amonf; the' fâther or mother an d one or mor , sons, is sufficient to give father, son or sons, eacÎt'' a vote wnder tl • values t;iven above as owners or occupants of rea l prop,erty (see aboz~e•, sections i and 2). ç . When sons Of owners Of re:tl prc►pcrty, not a f:u m, on similar conditions as a farmer's sc>n, just statrcl (!,Cc (rho;y, section 4). 6. When a tenant or occupant of real piOl>crty, who has been in possession of the same one year before being placed on • the list, and pays a rental of $2 monthly, $6 clu: r terly, $IZ half-yearly, o r $2o ycarly. ~

7. When a fisherman, residcnt in the electoral district' . .., owner of reil property and boats, nets, fishing f ;eitr and tack{ç,ro r share or shares in a registered ship to the actual value of at least $t5o. 8 . When :1n Indian (except, in Manitoba, Keewatin, British Columbia or the Northwèst Terril tories, whcre thë Indians have no votes) in possession and occupation of a distinct tract of lanc~n an Indian reserve, the improvements on which are valued at fully $.1 50, or who is otherwise yualifiecl under the law. The judges of all courts, whose appointments rest with the govcrno"r-gcttr.ral, cannot, vote-that is to say, all ❑ O

• IIO\V H;I,I?CTIOtis ARE IIE,Ln. 101

superior and county court judges. f Revising officers, returning officers, and election clerks, all couns9l, agents, attorneys and clcrks of candidates who may be paid for their scrvicc4, cannot . vote' in the electoral district ill Whlckl the), have been so engaged, but they may do so clsc%%,herc. 1)cputy returninl; officers, poll clerks, con- stables and un paicl agents may vote. A returning officer, in case, the votes are equal between two c;incliciates at aü Oectiott-in othcr worcls, iil a tic--c,Zn vote . Rlon- golianti or Chi ► lCsc cannot vote (for Indians, sec ahv~~é, section S)~'-~,Votinl; thrsinl;hout the I)oüiiriion is by ballot ; electors can vote in more than one district %Oje n they are cluly qualified, to do so .

6. -How El©ctiona are- Hold . W General clcctions arc held on the saine day throughout the Dominion ; exception, howcvcr, is made ill the case of such large, remote districts as .I\Il;om,i and Nipissing il l . province of Ontario, of Gasl)LI ; CJiicoutimi and Saguenay in the province of Quebec, and of Cariboo in the province of British Coltimhi ;i, the returning officers shall fix the day as the law proviclcs-the object being to {;ive all the electors iil' those constituencies full cipportunity to record their votes . Wheil it general clection has been decided on at a cabinet meeting, the premier so advises the governor- general, and if the latter secs no constitutional objection` (see above, 1 ). 76), parliament is dissolved by a. proclamation in the name of the* queen, the head of the executive authority, who alone can summon, prorogue, or dissolve the legislzture . Another proclamation authorizes the issue of the writs of election, or order to . : . . x 44 102 LEGISLATIVE l'U W EI:. ' •

the returning officer in each constituency or-district that elects a member, fixing the date of the nomination of candidates. Any hwenty-fivc electors (see franchise act, above, l'. 99), may nominate it cancliciâtc for the hous ye of'commons by signing a l,rper in the form required b law, and clclMsitint; $200 With the returning officer, who shall return the s,ime to the candidate in cas e' of his electiop. or of his obtaining at least one half o f the votes pollecl'in favour of the candidate elected, but otherwise th e cleposit l;c~es into tire publie revenues . When there is . no opposition to a cancliclatc he is•cleclareci dtrly returned by the returning officer at the close of the time allowed for nominations. I n case of an election, it takes place, exccpt in the a•emotc and thinly settled districts mentionecl above (see 1 ). i o t), on the seventh day after nomination day, ;or on the followiril; day when the seventh' is Swtclay or it statutory holiday. The places where the votes are taken are duly advertised under the law, ancl proj)er means taken to secure a full 'and correct poll/) All votes are taken by ballot . In each polling place or station there is a register of pet•sons clualificcl to vote at the election, and when the namc of it E)erson presentinl,* himself to vote is found therein, lie receives it ballot paper from the cleputy ,rehrrnint; officer, on the back o f which the latter has .put his initials Prèvicïusl)" so that they can be seen when the ballot is folci4cl : On the counterfoil (see form of ballot belo2a, p. I 03) attachc?ci to' each ballot there is placed a nümber corresponding with onc• placeci opposite the voter's name in the Iioll book . IIOw ELECTIONS ARE HELI) . j 103 The following is now the legal form of for the dominion elections : " Dominion Ballot Paper. " Election for the electoral district o f 1 8

DOE John Doe, Township of I Nepcan, County of Car- leton, yeoman.

RO E Rithard Roe, of Town of Prescott, County of Gren- ville, Mcrchant . '

STI LES Geoffrey Stiles, of 10 r~ 3 Sparks Street,` Ottawa, Physician. u

S'I' I I, I.-.S 4 John Stilcs,, of j Elgin Strect, Uttawa, I3arrister- :~t-law .

......

kK.0 0 coow Mo Mo o. ~K.,#M~e4 eco Mo v~K.* W. ~* ev eco 01 The namcs of the candidates in a ballot paper are as\in the nomination paper. Ah portions of the ballot paper are coloured dark except the divisions containing the naipes of the candidate \s and the circular spaces opposite, which are to be white, as shown in the { 194 LI?GISLATIVI? POW ER.

above form . The elector, as .above, is. supposed to have marked his ballot paper in favour of Richard Rde. -The dotte(I line is a line of perforations for easily detaching the counterfoil on which the deputy returning officer has previously placed a number (see above, p. 102). .

The elector then proceeels alone into one of the com- hartments of the station, where he can secretly mark his ballot papcr. l-ie' Inakes a cross with his pencil on the white round part of the ballot paper opposité to the division containinf; the naine of the candidate for whom he lias ciccicicd to vote. In case there are. mot-6 than one member to be rcturnc(j for the district-as in the city of Ottawa, for II1Sta11cC--he makes a mark opposite each namc of his chosen canciiciatcs. I le then folds 111) the ballot papcr so thit the initials placcci oil the baek by the returning officer c;tn be secn without opening it . I le + must hand the 1>apcr; so folded, to the returning officer, Who shall examine the initials and the numbcr on the counterfoil, so that he may ,isccrtain if it is the saine lxtlicn he gave the elector . I f it be so, he shall , tcar off and destroy the countcrfoil, place thc ballot papcr in the ballot box provided for that purpose, and always kept Y locked cluri tl; the voting, in the prc5cnc.c of the vcitcr . ► . At the clyse of the poll or voting, i~'ltich is fiâcci by 1~1w from 9 o'clock in the tnornlnt;, withottt interruption, urritil 5 o'clock in the afternoon of election claÿ, the clelnity 'returninl ; oliicer : in each polling place must count the ballots in the manncr prcscribccl by law, and place his statcnictit of the numbet of ballot papers and all pal>crs in his posscssion rcl,itini ; to the clcction, in the ballot box, wliich will be locked and sealed and sent to thc chief returninl; officér. Tlte latter will open all the MEETING 01-7 PA.RLIANIENT 10 5 boxes and sum up the vott-s for each candidate as given in the statements of his deputies . He will declare the candidate having the majority of -votes duly elected ; but in case of an equality or tic of votes, lie shall givc an aclditional or casting vote to clc~iclc an election . Immcdi- atcly after the sixth

7.-Meeting of Parliuluent. The proclamation of the };ovcrnor-};encral ordering a general election (see above, 1) . toi) sets fo rth the date when all the writs of- election must be 'rcturti ed by the returning officers to wh(>rtt they have bccn~scnt. Parlia- nunt is' callccl tc~~Ctltcr f6r the " clcsp,ttch of business " in anc~thcr Itroclani ;tticin from t~c governor general by the advice of his cottc.il: The crown's action is guided in this -res pect by'thc provision in the constitution al act of 1867 that there 'rutrst be a sctisiuit of l~;trliantcnt once lit least in every year. In othcr words, twelve ' ntcmths cannot pass between the close of one session and the beginning of an othcr scssicn of parli,tnt(i nt . The length of a parliamcnt, that is to say, of all its sctisions--cannot exceed five ),cars altokct7ter. But the crown .may dissolve at any, timç•durinb the five years when it f •

4 I06 LEGISLATIVE POWER . '

, is deemed expedient to appeal to the people, but this power should not be rashly or indiscreetly-exercised .

8.-Electiona after a General Eléction. In the foregoing paragraphs I have given some ex- ,planations as to the way a general eleç7ion is coti

\ 9. - Oath of Allegiance. All members elçctcd to the house of ceommons, as well- as senators appointed by thè l;overnor-general, are requircd by the law to take the f< llowing qath of allegiance before they can sit in either house of parlia- nient

" I, A.B., do swear that I will be faithful and bear true allegiance to her, majesty t)ucen Victoria . " Each new member of the senate and cotttmons sii;ns a roll with his name after taking the oath . The clerk and certain officers -of thc'two houses are authorized by a commission from the governor-general to administer this oath. 6 .

IV INDEPENDENCE OF PARLIAMENT. YO7

10.-Laws Respeotirig Independence of ParL'ament and Corrupt -- Practices at Eleotione. The laws for the preservation of the independence of, parliament and the prevention of corrupt practices at 4ctions are verÿ st'rict, and practiçally in principle an d etails those in force in England. The acceptance by a member of the hou c• of commons of an office of emoluincnt or profit from the crown shall tlicreby vacate his seat . Members of that hottse,• when called to the government as luacls of cielnrtments, ~must at once resign their seats and be re-clectccl,~ thoul;ll an exchange of offices can take place b(Awiqen niinisters after their election under the chnciitions laid clown in the law . All officers - of the IntUlic service and contractors with the l;ovcrnment are 41orbidclen to ' sit in parliatpent - an exception being macle, as in I?nf ;lancl, of ofiïcers• in the • military service. Since 1 8 74 the house has i;ivcn ul) its jurisdiction over the trial of controverted or disluted elections, which hreviously had been, conside"red by committees cxhoseci to all the insiclious influences of purely political bodies. .Tlic courts in the several provinces are now the tribunals for the trial of all such contested • elections ;,tncl the results have so far in Canada, as in E.ni;lanci, been decidedly in tho publi . The laws for the prcventiit of bribery an dc interests corruption arc exceedingly strict ; and memliers are constantly unseated for the most trivial breaches of the law, often committed by -their agents through ignorance or carelessness: The expenses of candidates must be published by their legal agents,after the election . - The whole intent of the law~s to make elections as,economica l

I I02S LEGISLATIVE P()WER.

as possible,' and diminish corrup ion . . A candidate may be disqualified from sitting in th commons, or voting, or holding any office in the_,: gift of the crown, for scven years, when lie is proved per orlally guilty of bribery, - and the, voters in a con stitûe~c~ may be also sevèrel y punished when corruption is prrovqd -against them . I

V CHAPTER IV.

THE DOMINION GOVERNMENT : LEGISLATIVE POWER- Confina.-d.

tt. Methods of Conidulling Business and Debate : Motions, Debate, Adjournntent, Divisions, Petitions, Previous Question, Bills, Money Matters, The Budget, Going into Supply, Select, Committees.-12. Prorogation .

11;-Methods of Conducting Business and Debat46 in Parliament. The methods of business which the • houses follow are intended to promote the despatch and efficiency of Iegfslation, Their rules and usages are, io all . éssential particulars, derived from 'those of the English parliament. ' On the dayq , parliament has been summoned by the crown to meet, the governor-géneral, either • in Iierson or by &puty--generally tW chief' justice of Canada, or . othér judge of the supreme court of Canada-proceeds- to the upper chàmber and there, seated on the throne, reads in the two languages the speech, in which his government set forth the principal measures which they purpôse to present durin g 'the, session. This speech,° which is generally a concise and short document, is considered as soon as possible the two houses. As soon in as the formal an swer to the address has been passed, the, houses proceed to appoint the committees, and . • commence the regular business of the session . The .- proceedings commence every day - with prayers, taken, ,- ~ • ~to9 ) .

a , from the Church of England liturgy, and are read by the speaker of the commons in Eriglish or nch according. to his nationality, and by -a paid chaplai~in the senate . The rules of the two houses do not vary mûch with respect to the conduct of business .

THE FOLLOWING IS A SUb4MARY OF THE LEADING RULES AND USAGES OF PARLIAMENT :- Motions.-W hen a' mémber wishes to obtain the opinion of the hôuse on a question, he gives notice of a motion which appears after two élays on the daily order of business. It must state clearly the nature of the question, and be secotided by anot}ier mcmber . When it Has been propose(], or in other words 'read, by the speaker from the chair, it is open to amendment and debate. - An amendment is' also a niotion, but no notice need be given of it. Only two amendments to a motion can be und& consideration at one time, but if one is, rejected by the house " another can be propose(], provided ~ • itis not the same as that on which the house has already expressed its opinion.

Debate.--The rules with respect to debate âre neces ' s r,il ia .y, strict. No member can speak except to a ' motion which is in regular form before' the house-that is to say, read . by the speaker from the chair, when it becomes a" question " for `debate. A reply is only allowed, by courtésy, to the member whô has proposed ~ a distinct motion or question, and not to one who has •, made an amendment. `But directly a new question has ' been proposfed, as "that tliis house adjourn, ' the previous question," or an a ~ . mendment, members ~

METiiOt) OF BUStNESS. I h[

are allowed to speak again, as the rule orily applies strictly to the prevention of more than one speechto each separate question proposed .'- Members, as a rule, • sit with their hats f~n ot off as they may ple e, but the moment they~-ri~e to speak they must u~over and address themselves to the chair: If any,member should inadvertently say "GenYlem en,"- instead of "Mr. Speaker," he will, be called to order, though in the senate a speaker addresses himself to " 1-Ionourable Gentlemen ." Whilst a~ m;mber is speaking no one is allowed to interru f)t him, except with his own consent, or 1he has infrin ged a point of order, and no one should pass between him and the chair, because he is`supposed t p be addres ting him- . self particulardy. to the speaker.' Any offensive allusions against the 'house, or any member thereof, are' not per- missible. No member must be referred to by name, but .cvery one disalipears for the time being under the title of " honourable member for Toronto," or t%',hatever the name of his constituency may be, and this "rule, .like so many others, lias for its objects' the repression of per- sonilities,- and the temperate, calm conduct of debate . No reflection must be cast 'on the tipper house. Many other rûles exist, having for their •object the koeping of debate within moderate bounds, but it is not possible to review them in 'a brief sketch of this character . ' Adjournment ôf House or Debate.-The motion " Tlrcit `•• the house do now adjourn" is always in order, and if carried , sets aside the question, under disc%ssion . The motion TJtat.tlte debate be adjourneA 'iS also in order when a "question" is under debate, and if it is carried the "question " goes over until another day . ' I

~ LEGISLATIVE POWER .

But if a motion for the adjournment of the house or of the, debate is lost, then the debate on the question continues as if the former had iiever been made. , But these motions can be renewed when a new question or motion is, proposed at the same, sitting of '& house . - . Putting the Question and Dividing the House .-W hen the debate on it motion or question is at an end, the speaker calls for the opinion of thé house . I le " puts" the question in this way : lie will first read the motion and then say " Is it the pleasure of the house to adopt the motion - (or amendment as the case may be)?" Tliosc,,%'vlio are . in favolrr of the motion (or amendment) will. 'saÿ " yea " (" content " in the senate) ; those who arc, of the contrary opinion will say " nay'r ('c non-content " in the senate). Members, then call out " yea " or " nay content " o r non-coritent " in the senate), and the speaker will decide from those voices-" i I think that . the `yeas' ('contents') hav,~ it," or " I think that the ' nays' ('non- contents') have it."• Or, if lie is in doubt, lie will say, " I cannot decide . " Then it division takes place . Mernbers are called in by 'the serjeant-at-arms • and messen9ers, } and when they are in their places th e speaker again reads the question and says :- ' • . . . ~ ~ " Those who are in favour of the motion wtll' stand Ùp,~ .

., A clerk' then calls the n ame of ca►ch member as lie stands up in his place, and it is, recôrded by the chief clerk at th7 table on :a printed .list before hini. When the " yeas " are all recorded in this way, the spéaker MEIT110D OF BUSINESS . 113' calls upon the " nays " to rise, and when they arc* al l duly entered, the chief clerk counts up the votes on both sides, and calls out the total number . The spçaker then declares thg question " lost" or " carried," according as the house has decided by the nunlber of votes recorded . If there is a main motion or first question, an amendment thereto, or second question, and also an amendment to that amendmcnt,. or third question, the speaker takes the opinion of the house, first on the amendment ttn4he arnendtnqnt~ or third question ; second, if that, be lostz thèria on't~ie atneiiclment,•or second question, and third, if . that be lost; on the main notion or first question proposed to the house. • P •

Petitions.-I?very person has a right to,petition pari la- ment in réspectful language on any question which conies within the right of parliament to Jeal with . Such petitions are presented by it tnember in his place, and must be signed by qie person petitioning on the* saine sheet containing the' prayer of the petition . If Y there are-niore than three petitioners thcn the names of, three must ' appear on the sheet having the prayer . Every signature must be written by the person applying to parliamént, but the petition itself may Ue1,printed in French or I?nglish. No appendices or papers can be attached thereto ; no words can be rubbed out, or written between the lines. Every petition to the two houses should commence with this for m "Tothe honourable the senate (or house of connons,•as th e case may be) in parliament assembled. • The petition of the undersigned htiinbly sheweth , g V." . • .

r I It4 I,I?GI S LATIV F, POWER .

Then follows the nature of the petition. The c6nclusion should be a prayer, or a statcment shortly summing up, the previous part in these wd!-ds : i J I t"Wherefore your petitioners humbly pray thât your honourable hoyse will (here sum up object of petition) . "And your petitioners as in duty bôund will ever pray ." Then com~~the signatures

. In case a petitioner requires agrant of money from the government lie sh .ntld send it J~c.t i tion,' not °`to ' the , house, which cannot receive such 1c~) Ition ,bus t

., "To his excellertcy the governor-gcneral in^ counc 'il," etc. . This memorial or hetition\ should follot~- the fore oing i . g form . s It should be sent to the membcr for the "clectoral district interestecl, tb forwarçl to " The honourable the sccretary of state for Ca nada, Qtta«•a," o r the ltetitioner. can send it direct himself, to the minister in question . Petitions, ho wever, framed in general terms, and not askin g a money grant in direct terms, can be sent to the two houses through a member.

Previous Question .-This proceeding is an `inl;enious, = though vo many persons it lterplcxinl;,,mcthoq of preventing an amendment being moved to a motion, and of coining to or avoiding a direct vote on that .tnotion . It is l)rpposcd in the form, " T hat the question ( i.e., the* motion ttnde; consideration) be now put." The debate then continuo- as before on the original or main question, and when it is concluded a vote is taken on the " previous question," as just stated. 'If thc "previous qucstion" is decided in the affirmative, a vote must be take n

✓ jP

METHOD OF i3USINESS . 115

immediately on the original question . If the "previou s question" is ,,decided in the negative, no vote can' be taken ôn the' original question, which disappears for the tirn'e being, since the house has decided by its vote that the question shall not iow be put. The important distinction between the " previous question "' in the Canadian parliament . and the United StatePcon= gress is that in the latter debate is closed- when it is ordered, while in the former°body discussion still ~Cor1= tinues on the question at issue.

Bills.--A mere resolutipn of the house only binds itself, and when it is necessarylito make a law obligator~ upon all the people of Canada,)a bill must be introduc d, and passed through several stages in the two ch~mbers . Then . it receives the a sent of the queen, thro~Îgh' the governor-general, and,,, beconies a statute or le, 'I enact=' ment. A bill is, geilérally spcaking, divided itit several distinct parts :( I ) ~he title ;(2) the preamble at d state- ment of the enacting authority ; (3) the body o the act, consisting of one, or more propositions, known a, clauses or sections ; (4) the schedules-=flic latter contain~n 9 legal ' forms, lc ocumc,ntti,` ctc ., mentioncd in the body of t and only i necçssary in certain `cases. Bills are her public-that Y isllto say, deali n g w t~l matters'of a or - : P general' nature~ ; or private--tha is to say, relating he af~air of corporations, compa n es, or individuals . ' The forcrier class are introduced o motion in the' ordinary way, " That leave be givén t4 introduce a bill " (here follows title) ; but the latter tn ust be brought up after a petition and ` a notice in the G zette and local papers i n accordance with strict rules, inqended to give all persons

. interested in the scheme full knowledge of the proposed legsslation . ' Privâte bills, when presented, must also be rig4lly4subject to tha scrlatiny of select committeos for the reaspn just stat6d ; and thcse, committees consequently are clothed with a certain. judicial character in cases of controversy. But all bills, public and private, must, be reâd three times in each house, as well as considered in ccAnmittTe of the wliole . The second readinh is the stage when the principle or policy or necpsity of the measure is discussed in the case of public bills-though not necessarily so as respects private bills - while the committee of the whole allows a free and full discussion of the clauses or provisions, without a litnitation of the number of spccMcs on one question or motion . When a bill has passed the commons it is sent tq,the senate for its agreement, and'as soon as that~body has also subjected it to . the stages mentioned above, it is ready for the assent of the crown. In case of amendments by one house they must be agrced to by the other. If there is no such agreement, the bill drops for the session . As a rule, an intcrval of a day should elapse between the different stages of à bill, especially whr.n it involves a tax or money vote. When it is finally passed and becomes' law, it bears the 'signatures of the clerks of the two houses and of his Cx.çellency the 'governor- general on the back.

lllonèy lllatters.-The most important duties of the • house aie in connection with mQney rimatters . Here the constitution and the ruiles of parliament have impose d many guards'and checks upon hasty expënditures or the imposition of taxes without due notice and consideration.• F. l

. .~~ METHOD OF BUSINES~. w . II%'

By the Union Act any measures for appropriatin 'g any part of the public revenue, or for imposing any tax or impost, must originate in the house of co mmons. The - house itself is restrained by the same act . It cannot adopt ôr pass "any vote, - resolution, address or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first reco.mmended tb the hous e by a message of the, governor- I;encral ." ' A rule of the Jiouse.110u-Sitself, declares tiiaat if any motion be made in tlt VA c for any public aid or chargc upon the pcohlc, "-the consideration or debate A thereof may not be prçscntly (immediatcl ) ) entcrcd upon, but shàll be adjourned 'until such further day as the house shall think fit to ap point ; and then it shall be referred to a committec of'thc w holc house before any resolution or vote of the house do pass thereon." It follows from what precedcs that no private member' is permitted to propose a dominion tax upon the people, or to intrbduce a bill providin g for a public grant ; such measures must be coinmcnced by ministers of the cro wn in the shape of resoltttions which are to be considercd, in committee of the . wliole, and when adoptcd form the foundation of a bill. The comniittces of supplyyand ways and means are the constitutional n iodc of providing for public expenditures. These committees are appointed at the beginning of every,session, when an address has been passed in answer to tli~ govcrnc~r's speech. As soon as the committce of supply has I been formed, attd the govcrttment are ready, they bring down a messa ge from his' excellency with the estimates of the sttms required for the ' 0 't

1 . 1 18 LEGISLATIVE POWER .

public service for the next finatrcial year, which commences ork the Ist of July and ends on the'next 30th June. rThese èstimates contain several hundred votes arranged in the order of the various pu~lic services. For instance-= ,expenses of departments of government, militia, peniten- tiarics, administration of justicc, immigration, Indians, j public works, railways and canals, quaraniine and the nu- ` merous other subjects-for which parliament, votes annu/- ally large sums of the public money. , These estimates contain the expenditures for the current and the previous ycarin parallel columns, for purposes of comparison, and it is the duty pf the minister responsible for a particular expenditure to give, full explanations on the subjéet when they are dcmanded by the house . As every vote is carefully 'considered a very considerable part of the session is occupied by debates on this important committee, over which a permanent chairman, who is also the deputy speaker, or another member in his absence, presides. The rules for proceedirt in the committees of supply and ways and meâns are precisely similar to those observed i other committees of the whole house / . Mèm- bers are n~t confined to one speech, but may address the committee as often as they please on a particular resolution. The chairman acts as-speaker and de~ides all -questions of order. - After the budget (seé•next page) is formally before the house, and the leading members on both sides have made their speeches on the commercial and-"financial state of the country, the committee of supply ,meets regularly and disposes of a large amoun t

n a I

METHOD OF BUSINESS. 11 9

of money at every ses • but every vote is very carefully scrutinized an1~ e_ fui est explanations are demanded .froin thé gove _ment, who, on such occasions, have to performxhe mo t difficult ~nd wearisome part of their' . legislative duties. Resolutions agreed to in committee are reported to the house, but they are not received until a later day. When the committee of supply has finished its labours, and all the money votes have been adopted by the hQuse, the committee of ways and means passes certain resolutions which provide for the grants shown s to be necessary by the first-mentioned committee ; and then a bill, called the supply or appropriation `bill, is introduced by the govatnment to carry out the xcsolu- tions. When this important bill has passed the usual stages, it is sent up to the senate, where, hôwever, it is never altered, in . accordance with constitutional usage. On its return to the commoiis, it is carried up by the speaker, to the senate chamber. When his excellcncy has assented to the bills passed by parliament during the scssion (always in the queen's name), the speaker of the commons adciresses his exccllency„-and ' asks for an assent to the 'supply bill, and this assent is granted with the usual - for<

- METIIOnr,VF BUSINESS., 12 1 without the evasions that amendments offer ôn other occasions. - Whilé in the case of all bills and other motions, amendments must be relevant to the question,' - members can here bring uR any subject they please . This is a practice which has its hi-qtoriçal origin in, the fact that in old times, when- the. English parliamentary system was developing itself, the people's representatives laid down the .principle that the king must redress their grievances before they should grant him the supply he" asked from the nation. Those mes have long since passed away and the people now lly control all taxes an d expenditures, but the crown i I asks for money throug h the minister. and the coin ons grant it in due form . It is no longer necessa reaten the crown with a refusa l of supplies unless the people's grievances aré redressed ; but still they can refuse it to an - unfaithful govern- . , ment should the necessity arise . As a matter of fact, should the government be defeated in a session ~eforc supply is voted, the house would pass only such `votes as aré necessary to .. meet the actual wants of the public service, and leave the whole question of supply ope until the crisis is over an d there is in office a rninistr~ which hàs the conficlence of the house and country. Select Co»cmittees.-Much of thelbusiness of the two houses is first discussèd and deliberately considered in ,small bodies of members, varying in number, and chosen on a motion duly made and seconded . ~ Bills, public and pfivate, are sent to these committees, which must report for or against them in all cases. In these select bodies, no bill or question can be considered except it is referred to them by the house .Members can speak as often as 122 ,' ' ~, . LEGISLATIVE POWER . they like, but othérwise the rules of debate i+o the hotise ., : itself pfrevail. ~ Questions are put as in the house,'and ' the chatrman, who is always elected at the first meeting, only votes in case of a tie, or equality of votes. In private bill,(see above, p. I 1 5) . c,ommittees, however, the. Sp chairman cap vote as a member, and give a,~asting vote when there is a tie. All committees must 1 reaort to th e .`house the result, of their conclusions on a,bill or other. . subject. . Witnesses can be examinéd, undi necessary. - . . , N 12.=Prorogation. .When the business of parliament is close , the. gov- : errtdrr general comes down 'and assents 'to t e bills as stated above ('p. I 16). ~ He then reads a spe h'sliortl y reviewing the business of the session, and wh n he has V finished, the speaker of the senate rises and sa *s It is his excellency the governor-general's will and leasu& that • this 'parliament be prorogued until (date), to be then 1ere holden ; and this parliament is accordingly prorogued (date). " The commôns then retire, and the sessio is at end • ~cording, to. law .• .~ , ~ If parliament is not called together ..". for ~he despatch of business " ; by the date mentioned M1 in the foregoin . unlikely event under ordinary circum-g spçech-a very , 0- • stances-a royal "proclamation is : issued from ~ time to ' time in the Ca,4ada Gazelle, further prôroguinj~ the' legislature. " The legal effect of a pmrogation is to Rut . an erid to all bills and, other proceedings, of parliamént in whatever state they are in" at the' ljime, and they must be commenced anew, in the next session, exactl y as if they had never been begun . ,

CHAPTER V. . r THE DOMINION_ GOVERNMENT : LEGISI,ATIVE POWER-Continueaf.

' t3 . Distribution of Lepislative Powers under a Federal Union . f¢. Subjects of Dominion Leg:'slalion.

13.-Distribution of Legislative Powers.

An'essential 'characteristic of a federal union is th e division or distribution of legislative powers between the governtnent of the union as a whole, and the several . t ountries that compôse, that union : Accordingly, the ritish North America Act or constitution of Canada gives to the dominion or central government at Ottawa the control of certain matters of a general, or national character, and to the provincial governments the control of certain mattérs of, a provinciatr or local importance. When. ~ we come to consider, the nature of the provincial governments (see belozu, p. 158) I shall set forth the " subjects under their control. ~ At present we• have under consideration the duties and powérs of the dominion governmcnt. • : ,, a . 14.-$ubjeote of Dominion*Legielation .

v The qtst.clause of the constitution gives to the parliament of Canada the sole or exclusive right of makin g laws on the following subjects : / . The publie debt and property. . 2 . The regulation of trade andlt commerce3 . ? 1 W 6 1,24 LEGISLATIVE POWER .

3 . The raising of money, by any mode or system of taxation. V 4. The borrowing of money on the public credit. 5. Postal service . 6. The census and statistics. • 7. Miliita, military and- naval service and defence . 8. The fixing and providing for the salaries and allowances of civil and other officers of the government of Canada. 9. Beacons, buôys, lighthouses and Sable, Island- ro. Navigation and shipping, , • : t t . Quarantine and the establishment and maintenance of marine hospitals. r 2. Sea-coast anq inland fisheries . r3. • Ferries between a province and a British or foreign çôuntryp •• or btweene two provinces . 14. Currency and coinage. 15 . Banking, incorporation of banks and the issue of. paper money. " 16. Savings-banks. 17. Weights and measures. • 1 8. Bills of exchange and promissory notes. 1 11 19. Interest.

20: LRegal tender. 21 . Bankruptcy and insolvency . 22. Patents of invention and discovery .~ 23. Copyrights . 24. Indians and- lands reserved for the Indians. 2 5 . Naturalization and aliens . 26. Marriage and divorce . (But the provincial governmenls con- . trol the solemnization or celebration of marriagé, see btlow, p. S Sg]. 27. The criminal law, except the constitution of the cou rts of criminal jurisdiction, birt including the procedure in criminal matters [see belmu, p. 166]. , . 28. The establishment, maintenance, and manâgement of, peni- tentiaries• ~. , , o~~ . ... ✓ ' SUBJECTS OF DOMINION t .l GtsLATION . I25 r 29 . Such classes of subjects as are éxpressly excepied in the enumeration of the classes of subjécts by this act assigned exclusively to the legislatures of the provinces . The subjects just mentioned in sub-section 29 are (see below, p. 159) lines of steam or other ships, railways, canal$, telegraphs and other works and undertakings ex- tending beyond the limits of a provirice, or declared to be "for the general advantage of Canada," or of more than one province, by the Canadian parliament,~ A steamer running from 1~lontreal 'to~ Pictou, in' Nova Scotia, a railway between Nova Scotia and New Brunq- wick, a bridge ovetv the Ottawa river, which divides the two provinces of Ontario and Quebec, are among the works that, come under-this clause . In order to -lessen_ doitbts, the constitution also provides that any 4of the foregoing •subjects shall rrt come .within tlie class of matters of a local or private character . over which the provincial governments have sole legislative power (see below,• p. t 58). In the case of other matters not coming within the class of subjects bel,ong- itia to the provinces, tlï4parli.ament of Canada has alone powcr; - to . make laws for the peace, ordcr' and good govern tnerit'of the Dominion. tiIn short, the respective powers of the parliam~ of the Dominion and the legislatures of the province'sare w ., stated in, express ternis in the constitution ; âny subject thai does not fall within the powers of the provincial governments belongs to the Dominion . This is intended to prevent disputes, as far as possible, as ; respects the powers of the separaté governments. X The subject of educatiorl, belongs exclusively to he provinces, but in case certain rights enjoyed by religious !

. LEGISLATIVE POWER.

minorities in the provinces are prejudicially affected by the laws of those provinces, the parliament 'of'Cahada Tay interpose and pass such . legislation as will remedy an act of injustice that the provincial govérnments refus e >ro- perly to a later page (see below, p. i 6o). The dominion and local gôvernments also exercïse certain rights in common. The dominion parliament make la s on may w .tlw subjects of agriculture and immi- a gratipn for any and all of the provinces, and each ' legislature may do the same for the province over which it has jurisdiction, provided no provincial açt is in conflict i with any dominion act. Both these authorities are equally interested in the prorr►~tion of matters so deeply affecting the development of the natural resources of all sections. The pro,vinces,excepting Manitoba, have the control of their lands and mines, while the Dominion is interestéd in the,'opening up of the vast territor~l area which it has in ther Northwest . The dominion government have, by the constitution, a general power of vetoing or disallowing any act of a legislature within ' onc year after its receipt from the government of a province. The conditions under which this important power should be exercised are explained 2 on another page (see below, p. 162). The constitutional law, as I have shown, has, been . framéd' with the object of setting forth, as clearly I as possible, the powers given to the dominion and provincial governments', but the experience of twenty- seven years shows no written law, however carefully framed, can prevent differences of opinion as to its • ~ - ~

1% SUBjECTS 'OF DOMINION LEGISLATION . 127 meaning . ' Thé dominion governmenlt may read the language of a section in one way, and the provincial government, or the per'son whose rights are in question, another way. Language, at best, is imperfect when it com'\ to define ri hts ollowi . In the f ~ction I' shall explain the method s provided by the con tution for the remaving of doubts as to the meaning of its »provisions, preventing conflicts between th ~dominion and provincial authorities, and at the same ti e doing justice, as far as possible in al , l CS1SPC w}tnrn r : i,* .. .. .,. ..Clf _ . _ t I ti ft

. CHA\PTER VI.

THE DOMINION GOVERNkIENT : JUDICIAL PO\ ER .

f. Methods of Interfircting llee'10~tten Constilution .- .Sufireme Court.-3. Exchequer Court.-IV. Admiralty Cour .-s: Judi= cial Tenure of Office.

1 ..-Methods of Interpreting or B~plaitüing the~ Writte n ' a Constitution The federal union of Canada c ves it~ cxistence from a constitution, known as the I3h North Arnérica Act,, just as a municipal body, or\y* ancorporated com- I pany, obtains its powers from the bringing it into existence. Consequently every . power, executive, lcgislative or juclicial, cxèrciscd by the dominion or provincial governments, is subject to the con Aitution . This iconstitution coincs under the conditions applied to all statutes or laws. Its meaning -must bc' constru4 or explained by the judges who are its authorized inter- prcters. The judges of the courts of the provinces, from the ~ . lowest to the highest courts, can and do constantly decide on the conytitutionality of statuts passed'by the legislative authorities of the llominiorl. They do so, in their capacity as judges and interpreters of the law, and not because they have any special commission Ni that effect, or are invested with any political duties or powers by the constitution . The judges ' of 'the provinces are appointed and paid . by the dominion government, but • [ 128 ]

r THE. SUPRErii•' COURT OF CAN~nA, 12 9 the con5titution, rnaintr courts are placed under the provincial gov rnments, The ~: judges deciclG on cases tI at arise under tl e laws governrn ing' their re .~pective prc vinces. ' . Such , cases *,frequently relate to the constitutipr ~l rights ôf the Dominion and of a province . The decision - of proviricial jucll;es is not final, for the constitutior has provided for tlle establish- \ tnent of a s upren ie court of the Dominion,' to whom . appcals can be taken from the inferior courts of th e provinces. ~

2.-The Supreme Court of Canada. : In 1 875 At was de( med advisable to pass an Zct provrc nl; for the estatDlrshmcnt of a sup'rem~ court o f Canada. 1311t this court is only a~~ner:al court of apl~ea l for Canada in a limited sense, since the existing right of appeal in'the•various provinces to the l~r;vy council has been ,left untouched: 'Nor can it' be called a final court of appeal for Canada, since the privy council of I :ngland entertains appeals from its judgments (see above, P. 65). This court consists' of a chief justice and five " puisne juclge4,"-puisne meaning simply inferior in rank-two of whorn, at least, must be app()intecl frcim the bench or bar of the province of Quebec-a provision inten(led to give the court the assistance of men sl)ecially accluainted with, French Canadian law. Uncler the conditions set forth in the açt, an appeal can be taken to . this court from the highest court of rnal resort in a province in civil ~',and criminal cases. - The . decisions of the superior courts of the provinces in cases of côntrbverted elections may also be review~4iby the court . In Quebec cases the appeal must always come from the court of 8 ~ 3 JuutctAL POWER. 1 0 ~p qucen's bench or the superio court in review (sec p . 190) ; and the question at issue nJust involve $2,000, unless it affects the validity of a statu c and othcr specified matters . The governor-gçneral in ,c uncil may also refer to the supreme court, for hearing or con,ideration,- im portant questions relating to lcgisldtiôn of the provinces, ar, ofo the Dominion, education, o~ any oth e "r matter of a constitutional nature on whicli it is necessary to obtain a . judicial opinion . .Constitutional controversies bct,%%•cci i the Dominion and any In rovincc, and between the provinces themselves, can be 'referred to the cc ~rt when the I legislature of a province has passed an act providing for such useful references-useful~ because théy help to prevent friction-in the working of the federal machinery. ' This court is intended to be, 'as 'far as practicable, a court for the settlement of controversics that arise in th e working of the constitutional system of Canada.,r Th judicial cotnmittee of the privy council` entertains appeals from the supreme court only when the, case is of gravity, involving questions of public, interest or some importan point of law, or is of a very substa ntial character. -

3.-T~e Exchequer, Court of Canada . Atiothcr court having,' authority' throughout . the Dominion is the excl~equer, which originally formed part of the s~ preme court of Canada . The two courts were sel~arate in .887, and a judge especially appointed by the govcr or-general in council to preside over the P exchequer court. The name of this court carries us back to earl~ English times . The king's treasury was in charge ot an important officer, called "hoarder," or treasurer, be,cause he took care of the "hoard " or roya l ,i)

~ ADMIRALTY COURT OF CANADA . 131 , supply of money. As . the king's revenues increAsed in amount, and disputp grew up in connectiôn with their collection and-management, it was necessary to divice: ~ the duties between two departments, one administrâtivé and the other judicial. The chancellor of thé exchequer, -the finance' minister-is still the most important mem -i' ber of the cabinet of England. When, the English courts of justice were formed out of the great council or supreme court of the king (see abo~,e,. p. 5 affectin 7), questions ; the revenue were referred to a comrn"ittee or ~ court called the exchequer, which derived its nam originally e from a cliequered cloth which covered the tabl~ at which the accounts ere considered, and su ggested to the looker-on the idea f a game of chess between the •taxpayer ' and - the roy 1 officials . The duties of the court grew in irnportan, e, and were extended to all suits or actions in which the crown was interested . Thc; I Canadian court has âuthority to hear and decide those cascs in which the rcvenuesor property, or other interests of the crown'are involved . It hears claims a g ainst the dominion government when any person suffers injury from the construction or operation of a public work, and can award'damaf;es to such pcrsow;. 4 .-Admiralty Court of Canada. The dominion_ government have also, under the authority of• an iipperial' statute,, conferred on the rexChequer court- the 'powers of an adrniralty court to hear and determine 4l1 civil questions relating to con- tracts or claims in respect of necessaries and wagès, an d other matters arising out of navigation, shipping,~ trade and ocommerce, in Canadian waters, tidal and ~non-

. ;,,~~•" ~~~i~~~cn ~~- ~ ;,, J UDICIAL I'OWER. tidal. - The governor-general may appoint a judge of à .superior court, or of a county court, or any barrister o f not less than seven years' standing, to boa " local' judge in admiralty " of the ex~-hequer G,gurt in such districts as may be necessary for the purp5ses of the act . The prov.ince§ of Quebec, Nova . Scotia, New Brunswick , Yxtnce Edward Island and British Columbia constitute such districts. The maritime court of Ontario has been abolished, and the admiralty jurisdiction of the exchequer court is exercised in nwhat is known as the Toronto admiralty district. t

5.-,Judicial Tenuré of JOffice. The judges of the supreme and exchequer courts, and any other dominion courts, hereafter established, hol d office, like all the jud l;es of the superior courts in the provinces, during good behaviour, and • can only b e rcmoved on an address passeci- by the senatè and hous e of cornriiônsf to - the governor-general, after full investi- gation into any charges that may be madc against them. In, this way the judiciary is practically independent o f .political or popujar caprice' or passion, and able to dis- - , charge their hio~ functions with fidelity ahd partiality, The judges of -these supreme and exchequcr courts ar e appointed from the ~.uperior courts of the provinces o r from barristers or advocates of distinction and of a t least ten years' standing at the bar. CH4PTER VII.

THE DOMINION GOVERNMENT : REVENUE AND EXPENDITURE.

I. Dulies Of Customs an if F.xcise.--2. Cost f Gm-enment.- 3 . Consohdated Revenue Cu,7- • ency,

1 .-Duties of Customs and Excise. I have now gi ven my refzdcrs a summary of the principal duties of the executive, legislative and judicial departments of the Cana(Il,ïn g overnment . The question will now occur to cvc'ry one who has followed me so far, •I-low does this govcrnment meet its expenses? The answer is, 'chiefly by a system of tax.ytion, presented ând . carried in, the parliament of the Dominion in the rnanner déscribed abovc (p. I IG). The system is not direct taxation-that is to saÿ, it is not a certain amount taxed, as in cities and other municipal divisions, on everyone's property and collected from the great body of the Vp~ people individually. It is indiréct taxation-that is to s~ay, imposed on the goods brought into the country by rnerchants and traders, who alone pay the duties directly and add such charges to their ex penses and necessary profits. These taxes are called " customs duties," frot b an -old Norman French word ; coustuine, meaning â, customary or usual tax of the country, which has come', to be generally applied to any duty on forei gn goods•; The people in the end, who are consumers of such goods,~ \ pay these dutic's to a greaCer or less extent. Competition among merchants tends to keep prices to the owest [I 33J Ir

IM~ ~ 1

134 REVENUE ANI) EXPENDITURE. point compatible with -the profit which every merchant must make. In addition to the duties imposed on good I s . brought or imported from other countries, like spirits, tobacco, woollens, cottons,' silks, hardware, furniture, pianos and the countless articles purchased by the people which make up the great proportion of dominion taxation, there is a large sum collected *directly from persons 1, engaged in the manufacture of bee :r, whiskey, tobacco, and cigars, known as " excise duties "-the word excise comirig from an old French word meaning_an assessment or tax . Customs duties may be either ait valorem or specific ; the first meaning the l.evyia~g of a certain per- centage of duty on the marketable value (ad valorem) of the goods at the original place of shipment, as sworn to by the owncr or importcr,'and verified by the customs ,appraisers or valuators ;" spccific" meaning a definite or fixed duty collected on goods of a particular kind, or upbn a specified,quantity of a conpnodity, entered at the . custom-housc. In 1894 the duties collëcted on imports used in the country were $ 1 9,I 98,I 14 altogether ; the amount of excise- dutics was $8,381,08 9 ; other revenues, from the sale of public lands, tolls on canals and other works, post office and other sources, amounted to $8,79 5,489. The total revenue consequently in that year was $36,374,691, mostly from customs and excise duties. I cite these figures simply to show the importance of such taxes in the government of a country .

2.-Ooet of Dominion Government. These taxes and revenues arc necessary to meet 1 . The charge on the public debt which was on the 30th June, 1894, $3 08,348,023 . This is, however, the : COST OF DOMINION GOVERNMENT . 135 " gross debt, and from 'which are generally deducted certain assets or interest-bearing investri ►ents,'loans, cash and banking accounts, which bring the net debt •down'to $246, 1 83,029 at the saine date. The debt has been prin-' cipally- created by the construction of public works ; subsidies• to -railwâys, assùm~tio n, canals and railways of proviiiéial debts under the .terms of coiifederation. 2. Legislation, senate and house of sommons, franthise act, election expenses, etc. 3. Civil government, or salaries - of governor-general licutenant-jovernors, the clepartmcnts of the public service, Northwest government, etc . t 4 . Public works, includinn buildings of all kinds, pier s d 11 u Iraruours, experrmenta, 5 . Railways and canals . 6 . Administration of ; justice, mounted ' police, light- . house and coast service, rhilitià and defence, imminration and quarantine, geological survey, superânnuation, fisheries, Indians, ocean and river steârn *§erv,ice, peniten- tiaries, mail subsidies, post office, and a great variety of other services necessary for thc government of thé Dominion. The total ordinâry cxpcnditure in 1894 was $37,585,- 025, as against $13,486,o92 in' 1868, in the infancy of the development of the çonfcderation and before the construction of public works of national importance.

3.-The Consolidated Fund of Canada. All taxes and other revenues of Canada aré paid into the treasury . in açcordance with the law, and form what ~~ ' . !

.. a 136 REVENUE AND% EXPENDITURE.

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't 6 is generally known as "the consolidated fund of Canada," out, of whicli âi-e paid all the charges and expienses irici- ° '-dent to the collection and management of thIs fund, and , -,f all the expenses of government. - These expenses àré t annually ' voted by parliament in the mod4 explained - above see p. 1 17). While certain sums ard_ authorized an ' uady by the II appropriâtiôn act-which, comprises the nnual grarits v8ted. &ery session in 9upply-other paÿ ents are mad undér theÿ' sanction Of statutes . These tatutes, which 0 . are permanent and can ^only be repeâled''or amended'by © auother act of parliament provide for/. salaries of. the, governor=general, lieutenant-goyAnors, ' ministcrs of the •crown, judges, and•othcr high functionarics, 'whosé cqm- pensatio~ ; it is agreed, shbuld nQt depënd on annuâal votes, though it is always competent for any member t o the shape of a bill, which maye move to reduce them in . be4~)mc ar) act or lâw if thè two hô'uses :agree to . pass ;it. All i'noncys are~ paid' out of the treasurÿ urider'certai n (ôrms reqüired by statute. A .'thorough systern of audit ., . by.'4 public ofAcer, the auditor-general, who 'can only be •' remôV'ed on -An . addres's of the knate _ and house of 4tntnqns_ to the 'governor-&neral," has'- the `effect of preventing anyrpublic ,éxpewditure' r,ôt' aûthorized'b ~ .~ v ,parlia(ment. Large suiï s arn -. borrpwed► ; feom time to titne byy the go'vcrnmen tnust' be ap-. on terms which . . . proved by,~parliamént. .. " ,., .4.-The burr enoy'oP 0auà,d.a. . ~ . The tre asûrÿ ~ ~► ~also ° issues notes to the valué of 25 cents, $t ; $2,~; .$4,. $50, $ wo, $5 ; and $t,ooo ; bu t, the , doaninio ^p~ issue in any one ye r may not excced

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four- million dollars, and the total amount issued and outstanding, at . any time, may now exceed twenty millions, securèd for redemption by gold and Canadian ' guaranteed securities. -• The banks of Canada may also - issue notes-five - dollars béing the'value of the lowest-the payment of' which is secured, as far as,possible, by making the payment of the notes a first chargç on the assets of a bank, and by other provisions of a well devised general banking act intended to guard the monetary interests of the public. Canada has no " mint " or establishment to coin . gold, silver and copper ., money. The Canadian silver and copper ~oin in general cir,,Qulation has bee n " minted " in England for the'use of ttiis'country. The silver coin in use are of the value of fifty, twenty-five, • twenty, (very few now), }en and five cents . Canada has .1 no gold coin of her own . The large notes of $5oo and '$[,ooo, issued by the government, are principally hel d by the cliartered banks as part of their cash reserves, ancl for purposes of settlement between batiks .