S.C.C. File No. 35842 BEFORE THE SUPREME COURT OF (ON APPEAL FROM THE COURT OF APPEAL OF ) BETWEEN: GILLES CARON APPELLANT (Appellant) - and- HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA RESPONDENT (Respondent) - and- ATTORNEY GENERAL OF CANADA, ATTORNEY GENERAL FOR , ALBERTA CATHOLIC SCHOOL TRUSTEES' ASSOCIATION, CONSEIL SCOLAIRE CENTRE-NORD NO. 2 AND DENIS LEFEBVRE, ASSOCIATION CANADIENNE-FRANÇAISE DE L'ALBERTA, COMMISSAIRE AUX LANGUES OFFICIELLES DU CANADA, ASSEMBLÉE COMMUNAUTAIRE FRANSASKOISE, MÉTIS NATIONAL COUNCIL, FÉDÉRATION DES ASSOCIATIONS DE JURISTES D'EXPRESSION FRANÇAISE DE COMMON LAW INC. INTERVENERS

FACTUM OF THE RESPONDENT HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA

MCLENNAN ROSS LLP GOWLING LAFLEUR HENDERSON LLP Barristers and Solicitors Barristers and Solicitors 12220 Stony Plain Road N.W., Suite 600 160 Elgin Street, Suite 2600 Edmonton, AB T5N 3Y4 Ottawa, K1P 1C3 Telephone: (780) 482-9247 Telephone: (613) 786-8695 Facsimile: (780) 482-9101 Facsimile: (613) 788-3509 Email: [email protected] Email: [email protected] Teresa R. Haykowsky D. Lynne Watt David D. Risling Ottawa Agents for Counsel for the Respondent, Peter P. Taschuk Her Majesty The Queen Counsel for the Respondent, Her Majesty The Queen (ii)

MILLER THOMSON LLP JURISTES POWER Barristers and Solicitors Barristers and Solicitors 2103 – 11th Avenue, Suite 600 130 Albert Street, Suite 1103 Regina, SK S4P 3Z8 Ottawa, ON K1P 5G4 Telephone: (306) 347-8300 Telephone: (613) 702-5565 Facsimile: (306) 347-8350 Facsimile: 1-888-404-2227 Email: [email protected] Email: [email protected] Roger J.F. Lepage Justin Dubois Francis Poulin Ottawa Agents for Counsel for the Appellant, Romain Baudemont Gilles Caron Counsel for the Appellant, Gilles Caron

MINTZ LAW JURISTES POWER Barristers and Solicitors Barristers and Solicitors 10357 – 109th Street, Suite 400 130 Albert Street, Suite 1103 Edmonton, AB T5J 1N3 Ottawa, ON K1P 5G4 Telephone: (780) 969-3694 Telephone: (613) 702-5565 Facsimile: (780) 425-2195 Facsimile: 1-888-404-2227 Email: [email protected] Email: [email protected] Allan Damer Justin Dubois Sébastien Grammond Ottawa Agents for Counsel for the Appellant, Mark Power Pierre Boutet François Larocque Counsel for the Appellant, Pierre Boutet

ATTORNEY GENERAL OF CANADA Civil Litigation Section 50 O’Connor Street, Suite 500 Ottawa, ON K1A 0H8 Telephone: (613) 670-6295 Facsimile: (613) 954-1920 Email: [email protected] Christopher M. Rupar Ottawa Agents for Counsel for the Intervener, Attorney General for Canada

(iii)

ATTORNEY GENERAL FOR SASKATCHEWAN GOWLING LAFLEUR HENDERSON LLP 1874 Scarth Street, Suite 820 Barristers and Solicitors Regina, SK S4P 4B3 160 Elgin Street, Suite 2600 Telephone: (306) 787-8385 Ottawa, Ontario K1P 1C3 Facsimile: (306) 787-9111 Telephone: (613) 786-8695 Email: [email protected] Facsimile: (613) 788-3509 Email: [email protected] Graeme G. Mitchell, Q.C. Counsel for the Intervener, D. Lynne Watt Attorney General for Saskatchewan Ottawa Agents for Counsel for the Intervener, Attorney General for Saskatchewan

DENTONS CANADA LLP DENTON CANADA LLP Barristers and Solicitors Barristers and Solicitors 10180 - 101 Street, Suite 2900 99 Bank Street, Suite 1420 Edmonton, AB T5J 3V5 Ottawa, ON K1P 1H4 Telephone: (780) 423-7330 Telephone: (613) 783 9600 Facsimile: (780) 423-7276 Facsimile: (613) 783 9690 Email: [email protected] Kevin P. Feehan, Q.C. Anna Loparco K. Scott McLean Counsel for the Interveners, Counsel for the Interveners, Alberta Catholic School Trustees' Association, Alberta Catholic School Trustees' Association, Conseil scolaire Centre-Nord No. 2 and Denis Conseil scolaire Centre-Nord No. 2 and Denis Lefebvre Lefebvre

JURISTES POWER JURISTES POWER Barristers and Solicitors Barristers and Solicitors 1199 West Hastings Street, 9th Floor 130 Albert Street, Suite 1103 Vancouver, BC V6E 3T5 Ottawa, ON K1P 5G4 Telephone: (604) 265-0340 Telephone: (613) 702-5565 Facsimile: (604) 265-0340 Facsimile: 1-888-404-2227 Email: [email protected] Email: [email protected] Mark C. Power Justin Dubois Michel Doucet Ottawa Agents for Counsel for the Intervener, François Larocque Association canadienne-française de l'Alberta Counsel for the Intervener, Association canadienne-française de l'Alberta

(iv)

COMMISSARIAT AUX LANGUES OFFICIELLES DU CANADA 30 Victoria Street, 6th Floor Gatineau, QC K1A 0T8 Telephone: (819) 420-4864 Facsimile: (819) 420-4837 Email: [email protected] Kevin Shaar Counsel for the Intervener, Commissaire aux langues officielles du Canada

MILLER THOMSON LLP JURISTES POWER Barristers and Solicitors Barristers and Solicitors 2103 – 11th Avenue, Suite 600 130 Albert Street, Suite 1103 Regina, SK S4P 3Z8 Ottawa, ON K1P 5G4 Telephone: (306) 347-8300 Telephone: (613) 702-5565 Facsimile: (306) 347-8350 Facsimile: 1-888-404-2227 Email: [email protected] Email: [email protected] Roger J.F. Lepage Justin Dubois Francis Poulin Ottawa Agents for Counsel for the Intervener, Counsel for the Intervener, Assemblée communautaire fransaskoise Assemblée communautaire fransaskoise

JURISTES POWER Barristers and Solicitors 130 Albert Street, Suite 1103 Ottawa, ON K1P 5G4 Telephone: (613) 702-5565 Facsimile: 1-888-404-2227 Email: [email protected] Justin Dubois François Larocque Counsel for the Intervener, Métis National Council

(v)

NICOLAS M. ROULEAU JURISTES POWER Barrister and Solicitor Barristers and Solicitors 720 Brock Avenue 130 Albert Street, Suite 1103 Toronto, ON M6H 3P2 Ottawa, ON K1P 5G4 Telephone: (416) 885-1361 Telephone: (613) 702-5565 Facsimile: 1-888-850-1306 Facsimile: 1-888-404-2227 Email: [email protected] Email: [email protected] Counsel for the Intervener, Justin Dubois Fédération des associations de juristes François Larocque d'expression française de common law inc. Ottawa Agent for Counsel for the Intervener, Fédération des associations de juristes d'expression française de common law inc.

- i -

TABLE OF CONTENTS Page PART I – STATEMENT OF FACTS ...... 1 A. Overview ...... 1 B. Alberta’s Position on Caron’s Statement of Facts ...... 4 C. Judicial History, and Points Relating to this Appeal ...... 5 1. The Trial Judgment ...... 5 2. The Summary Conviction Appeal Decision ...... 5 3. The Alberta Court of Appeal ...... 5 4. Legislative Bilingualism ...... 6 PART II - ALBERTA’S POSITION ON THE QUESTIONS AT ISSUE ...... 6 PART III – ARGUMENT ...... 6 A. Prevailing Constitutional Norms of the Time ...... 6 B. English and French Versions of the (pre-1982) Documents ...... 7 C. Legislative History ...... 7 D. Alberta Act, 1905 ...... 15 E. The Proclamation had no Legal Effect ...... 16 1. Section 146 of the BNA Act, 1867, and the Proclamation ...... 16 2. The Proclamation was not Passed into law ...... 17 3. Proclamations are Subordinate to Parliament ...... 17 4. Scope of the crown’s is Limited in Settled Colonies ...... 18 5. Proclamation Cannot Entrench Rights Beyond Parliament ...... 20 6. Proclamation Not Made Under the Great Seal ...... 20 7. Absence of Official Authorization to Governor General of Canada ...... 20 8. Governor General of Canada as a Delegate of the Queen had Limited Prerogative Power ...... 20 9. Proclamation did not Expressly Identify or Refer to a Duty to Publish ...... 21 10. Proclamation not Listed in Schedule B to the Constitution Act, 1982, nor the Relevant Legislation ...... 22 F. The 1867 Address ...... 22 G. Statutory and Constitutional Interpretative Approaches ...... 22 H. Response to Caron’s Arguments ...... 23 - ii -

1. No Statutory Duty to Publish Local Laws in French and English in 1870 prior to Annexation ...... 23 2. The End Result of the Negotiations was the , 1870 ...... 26 3. Reference Re: Supreme Court Act, ss. 5 and 6 ...... 27 4. Implication of the Appellants’ Position ...... 28 5. Condition 15 in the 1869 Address ...... 29 6. The 1877 NWT Amendment was not a Constitutional Compromise ...... 30 7. R. v. Mercure ...... 31 I. No Fiduciary Duty ...... 32 J. Honour of the Crown is not Engaged ...... 32 PART IV – COSTS ...... 33 PART V - ORDER SOUGHT ...... 33 PART VI – AUTHORITIES ...... 35 PART VII – LEGISLATION ...... 38 British North America Act, 1867 (UK), 30 & 31 Vict, c 3 ...... Tab 1 British North America Act, 1871 (UK), 34 & 35 Vict. C 28 ...... Tab 2 Manitoba Act, 1870, 33 Viet, c3 ...... Tab 3 Order of Her Majesty in Council admitting Rupert's Land and the North-Western Territory into the Dominion of Canada (with attached Schedules A, B, and C), Imperial Order in Council at the Court at Windsor, June 23, 1870 ...... Tab 4 Schedule A to the 1870 Order: Address to Her Majesty the Queen from the Senate and House of Commons of the Dominion of Canada, December 16-17,1867 ...... Tab 4(a) Schedule B to the 1870 Order: Resolutions of the Senate and House of Commons of the Dominion of Canada, May 28,1869 ...... Tab 4(b) Schedule C to the 1870 Order: Deed of Surrender of Rupert's Land to Her Majesty by the Governor and Company of Adventurers of England trading into Hudson's Bay, November 19, 1869 ...... Tab 4(c) Rupert's Land Act, 1868 (UK), 31 & 32 Viet, c 105 ...... Tab 5 Temporary Government of Rupert's Land Act, 1869,32 & 33, Viet, c 3 ...... Tab 6

- 1 -

PART I - STATEMENT OF FACTS

A. Overview

1. On July 15, 1870, the North Western Territory and Rupert’s Land (collectively, the “Territories”) were annexed to the Dominion of Canada. On July 15, 2005, Gilles Caron (“Caron”) filed a Notice of Constitutional Question1 in which he submitted that the traffic law he broke was unconstitutional because it was not published in French. Pierre Boutet (“Boutet”) joined in this constitutional challenge. Now, 145 years after annexation, in this appeal (“Appeal”), Caron and Boutet (collectively, the “Appellants”) seek a declaration from this Court that the June 23, 1870, Order in Council of Her Majesty in Council admitting Rupert’s Land and the North Western Territory into the Dominion of Canada2 (“1870 Order”) imposes a constitutional obligation on the Legislative Assembly of Alberta to enact, print and publish its legislation in French and English (“Duty to Publish” 3).

2. This Appeal can and should be determined by reference to the express terms in the legislation that specifically deal with the annexation of Rupert’s Land and the North Western Territory (collectively, the “Territories”): the British North America Act, 1867, (“BNA Act, 1867”)4, the 1867 Address5, the Rupert’s Land Act, 18686, the Temporary

1Notice of Constitutional Question, Appellant’s Record, Vol. III, Tab 25, page 52.

2Order of Her Majesty in Council admitting Rupert’s Land and the North-Western Territory into the Dominion of Canada (with attached Schedules “A”, “B”, and “C”), Imperial Order in Council at the Court at Windsor, June 23, 1870 (“1870 Order”), Legislation of Her Majesty the Queen in Right of Alberta (“AB Legislation”), Tab 4. As of 1982, the 1870 Order is Enactment 3 in the Schedule to the Constitution Act, 1982 (UK), 1982, c. 11.

3For the purpose of this Factum, the “Duty to Publish” means an obligation to enact, print and publish legislation in French and English.

4An Act for the Union of Canada, , and , and the Government thereof; and for Purposes connected therewith (British North America Act, 1867), 30-31 Victoria c .3 (“BNA Act, 1867”), AB Legislation, Tab 1. To provide an accurate and understandable historical context, Alberta cites the enactments as used at the time. (Schedule B of the Canada Act, 1982, contains the Constitution Act, 1982, which renamed the BNA Act, 1867.)

5The Address to Her Majesty the Queen from the Senate and House of Commons of the Dominion of Canada, 16 and 17 December 1867 (“1867 Address”) appended to the 1870 Order as Schedule A, AB Legislation, Tab 4(a).

6An Act for enabling Her Majesty to accept a Surrender upon Terms of the Lands, Privileges, and Rights of "The Governor and Company of Adventurers of England trading into Hudson's Bay," and for admitting the same into the Dominion of Canada, 31-32 Victoria c. 105 (U.K.), (“Rupert’s Land Act, 1868”), AB Legislation, Tab 5.

- 2 -

Government Act, 18697, the 1869 Address8, the 1870 Order9, the Manitoba Act, 187010, and the British North America Act, 1871 (“BNA Act, 1871”)11 (collectively, the “Relevant Legislation”).

3. Contrary to Caron’s argument, there was no promise of a Duty to Publish in the Territories at the time of annexation. To establish a Duty to Publish, Caron relies on events that occurred at or around November 1869 to May 1870 and argues that these events resulted in the incorporation of a Duty to Publish in the 1867 Address12 without any specific words in this Address that reference a Duty to Publish.

4. The position of Her Majesty the Queen in Right of Alberta (“Alberta”) is that it clearly does not have a Duty to Publish in both French and Englis:

a) Section 146 of the BNA Act, 186713, and the Rupert’s Land Act, 1868,14 provide the legal process for the annexation of Rupert’s Land and the North Western Territory to Canada. The 1870 Order was issued in accordance with section 146 of the BNA Act, 1867;

b) The Dominion Parliament knew full well how to entrench rights and clearly entrenched the Duty to Publish in Manitoba at about the same time as the 1870 Order was enacted;

c) The 1870 Order and the Rupert’s Land Act, 1868, granted the Dominion of Canada unfettered and full power to govern the North Western Territory and

7An Act for the temporary Government of Rupert's Land and the North Western Territory when united with Canada (Temporary Government of Rupert’s Land Act, 1869), 1869, 32 & 33, Vict, c .3, (“Temporary Government Act, 1869”), AB Legislation, Tab 6.

8 May 29 and 31, 1869 Address from the Houses of the Dominion Parliament to Her Majesty, appended as Schedule B to the 1870 Order (“1869 Address”), AB Legislation, Tab 4(b).

91870 Order, supra, AB Legislation, Tab 4.

10An Act to amend and continue the Act 32 and 33 Victoria chapter 3; and to establish and provide for the Government of the Province of Manitoba, 33 Vict., c. 3 (“Manitoba Act, 1870”), AB Legislation, Tab 3.

11An Act respecting the establishment of Provinces in the Dominion of Canada (British North America Act, 1871) 34-35 Vict., c. 28 (U.K.) (“BNA Act, 1871”) AB Legislation, Tab 2.

121867 Address, supra, AB Legislation, Tab 4(a).

13BNA Act, 1867, supra, AB Legislation, Tab 1.

14Rupert’s Land Act, 1868, supra, AB Legislation, Tab 5.

- 3 -

Rupert’s Land after annexation. Parliament’s power to govern therein was not subject to any terms and conditions relating to the Duty to Publish;

d) The end result of any discussions between the Red River Delegates, Prime Minister John A. Macdonald (“Macdonald”) and George Etienne-Cartier (“Cartier”), Canada’s Minister of Militia and Defence, was the Manitoba Act, 1870;

e) The Manitoba Act, 1870, provided not only for the creation of the Province of Manitoba but also made “provision for the Civil Government of the remaining part of the Territories not included within the limits of the Province.”15 Clearly the Dominion Government, when passing the Manitoba Act, 1870, addressed the laws in place in both Manitoba and the Territories, yet the Duty to Publish was limited to Manitoba in this legislation16;

f) There was no statutory Duty to Publish in effect prior to annexation;

g) There was no constitutional or statutory provision or agreement entrenching the Duty to Publish in the North West Territories (“NWT”) upon annexation;

h) The December 6, 1869, Proclamation17 (“Proclamation”) did not have the force of law. The Proclamation did not grant or create a statutory or constitutional Duty to Publish;

i) The Queen’s ability to make law was limited by section 146 of the BNA Act, 1867. Whatever the scope of the Queen’s prerogative powers might have been in the nineteenth century, section 146 did not allow the Queen to unilaterally determine the constitutional terms of the admission of Rupert’s Land and the North Western Territory to the Dominion of Canada;

j) The Proclamation is not a constitutional document. It was not referred to in the 1870 Order, the Addresses18 and is not listed in Schedule B to the Constitution Act, 1982.

15Manitoba Act, 1870, supra, (third recital), AB Legislation, Tab 3.

16 Manitoba Act, 1870, supra, AB Legislation, Tab 3.

17December 6, 1869, Proclamation (“Proclamation”), Exhibit 30-074, Appellants’ Record, Vol. IV, Tab 43, page 48.

18The term ‘Addresses’ refers to the 1867 and 1869 Addresses from the Houses of the Dominion Parliament to Her Majesty pursuant to the 1870 Order appended as Schedule A and B.

- 4 -

5. Caron’s position is premised on the assumption that a Duty to Publish was made in 1869 which had somehow been forgotten for several years. Caron’s further argument is that somehow those forgotten rights were not rediscovered for over a century. All of this is inconsistent with the Relevant Legislation. It is also an unsatisfactory basis on which to displace long established constitutional and political norms and assumptions.

6. If the basis of Caron’s argument in respect to the 1870 Order is not accepted, the result is that the reasoning set out in Mercure19 governs.

7. It is not open to the Courts, under the guise of interpretation, to create a constitutional duty which did not exist.

8. The implications of accepting the position advanced by Caron are broad and far-reaching, extending beyond the issue of the Duty to Publish. The Duty to Publish cannot be distinguished from the other “rights” contained in the List of Rights. If the logic of Caron is followed, the entire List of Rights may benefit from constitutional status.

9. There is no basis to grant the declarations sought by the Appellants. There was no constitutional or statutory provision or agreement entrenching the Duty to Publish in the NWT upon annexation. The lower appellate courts were correct in their decisions that the Appellants’ claim is not established. As a result, this Appeal must fail in its entirety.

B. Alberta’s Position on Caron’s Statement of Facts

10. Alberta incorporates and adopts paragraph 7 of its Factum in response to Boutet. Alberta relies on the following facts:

a) The Trial Judge found as fact that French was not an official language of the Hudson’s Bay Company (“HBC”) and that French was not the lingua franca of the fur trade.20

b) Canada’s Governor General did not have the authority to enact legislation.

c) The Proclamation was not passed into law by the British Parliament21 nor was it expressly referred to in the Relevant Legislation.

19R. v. Mercure, [1988] 1 SCR 234 (“Mercure”), Authorities of Her Majesty the Queen in Right of Alberta (“AB Authorities”), Tab 34.

20R. c. Caron, 2008 ABPC 232 at paras. 315 to 317, Appellants’ Record, Vol. I, Tab 1.

21 R. v. Caron, 2009 ABQB 745 at para. 167, AB Authorities, Tab 31.

- 5 -

d) Rupert’s Land and the North Western Territory were settled territories.22

C. Judicial History, and Points Relating to this Appeal

1. The Trial Judgment

11. The Trial Judge acquitted Caron of violating paragraph 34(2) of the Use of Highways and Rules of the Road Regulation pursuant to the Traffic Safety Act, finding that the provisions were inoperative and that there was a duty to print and publish in French and English, and Alberta did not do so.23 The Trial Judge held24 that the Proclamation had constitutional status as it met the criteria and became part of Condition 1525 of the 1870 Order (of the 1869 Address).

12. Métis rights were not specifically raised at trial nor was evidence adduced that the Appellants belonged to the Métis community.26 The constitutional challenge advanced by the Appellants did not involve aboriginal or Métis rights.27

2. The Summary Conviction Appeal Decision

13. The Court of Queen’s Bench28 allowed Alberta’s appeal finding that neither the Proclamation nor the 1870 Order had the effect of constitutionalizing language rights in what is now Alberta.

3. The Alberta Court of Appeal

14. In a majority decision, with separate Reasons but concurring in the Result, the Court of Appeal of Alberta dismissed Caron’s appeal finding that the right to publication was not entrenched in the 1870 Order.

15. Rejecting the Appellants’ argument that the Proclamation was a constitutional document that entrenched a Duty to Publish, the majority of the Court of Appeal agreed with the

22R. v. Caron, 2009 ABQB 745 at para. 168, AB Authorities, Tab 31.

23 R. c. Caron, 2007 ABPC 232 at para. 574, Appellants’ Record, Vol. I, Tab 1.

24R. c. Caron, 2008 ABPC 232 at paras. 531, Appellants’ Record, Vol. I, Tab 1.

25R. v. Caron, 2014 ABCA 71 at para. 16, AB Authorities, Tab 32.

26R. v. Caron, 2009 ABQB 745 at para. 182, AB Authorities, Tab 31.

27R. v. Caron, 2014 ABCA 71 at paras. 107, AB Authorities, Tab 32.

28R. v. Caron, 2014 ABCA 71 at para. 17, AB Authorities, Tab 32.

- 6 -

Court of Queen’s Bench judge’s conclusions in relation to the Proclamation and agreed with the separate Reasons provided by Justice Slatter at paragraphs 140 to 145.29

4. Legislative Bilingualism

16. Alberta takes no issue with the Appellants’ use of the term ‘legislative bilingualism’ if the intended use means to enact, print and publish laws and regulations in English and in French. The question in this Appeal is whether the 1870 Order, inter alia, imposed a constitutional obligation on Alberta to enact, print and publish its laws and regulations in English and in French.

PART II - ALBERTA’S POSITION ON THE QUESTIONS AT ISSUE

17. Alberta says the following with respect to the Constitutional questions:

1. Is the Languages Act, R.S.A. 2000, c. L-6, ultra vires or inoperative insofar as it abrogates a constitutional duty owed by Alberta to enact, print and publish its laws and regulations in English and in French in accordance, inter alia, with the 1870 Order?

No.

2. If the answer to Question 1 is affirmative, are the Traffic Safety Act, R.S.A. 2000, c. T-6, and any other laws and regulations that have not been enacted, printed and published by Alberta in English and French inoperative?

Given Alberta’s answer to Question 1, it is not necessary to answer Question 2.

PART III - ARGUMENT

A. Prevailing Constitutional Norms of the Time

18. Alberta incorporates and adopts paragraph 16 of its Factum in response to Boutet. Given the prevailing constitutional norms at the time, the 1870 Order did not entrench a Duty to Publish.

29R. v. Caron, 2014 ABCA 71 at para. 35, AB Authorities, Tab 32.

- 7 -

B. English and French Versions of the (pre-1982) Documents

19. The BNA Act, 1867, and the 1870 Order, like all other constitutional instruments emanating from the United Kingdom before 1982, were enacted officially in English only. The French version of the BNA Act, 1867, is unofficial. As long as the French version of the BNA Act, 1867, remains unofficial, only the English version is authoritative.30

C. Legislative History

20. This Appeal can, and should be, determined by reference to the express terms in the Relevant Legislation. The Relevant Legislation is inconsistent with either creating or entrenching a Duty to Publish.

21. The 1870 Order did not include any term entrenching a Duty to Publish in the NWT. In contrast, at the same time the 1870 Order was enacted, the Duty to Publish in the Province of Manitoba was expressly provided for in section 23 in the Manitoba Act, 1870.

22. Prior to annexation, the Dominion of Canada had no authority to legislate over the Territories. It was not until annexation on July 15, 1870, that the Dominion of Canada had full power and authority to legislate for the future welfare and good government of the NWT. The Dominion of Canada had no jurisdiction to enact a Duty to Publish in the North Western Territory and Rupert’s Land until after annexation, including in the Red River Colony.

23. The BNA Act, 1867, provided for creation of the Dominion as a federal state with a parliamentary system modelled on that of Britain and serves as the starting point in the consideration of the Relevant Legislation.

24. In 1867, the Canadian government, led by Macdonald, embarked on a policy aimed at bringing the Territories within the boundaries of the Dominion of Canada, and opening them up to settlement. It was anticipated there would be a request to admit the Territories

30Peter W. Hogg, Canadian Constitutional , 5th ed (Scarborough: Thompson Carswell, 2007) at 56-5 (“Constitutional Law of Canada”), AB Authorities, Tab 72. R. v. TDM, 2008 YKCA 16 at para. 17, AB Authorities, Tab 40; MacDonald v. City of Montreal [1986] 1 SCR 460 (“MacDonald v. City of Montreal”), at page 487, AB Authorities, Tab 21; M. Bastarache, Language Rights in Canada, second edition, Editions Yvon Blais, A Thomson Company, 2004, at 91, AB Record, page 4.

- 8 -

into the Dominion. Section 146 of the BNA Act, 1867, and the Rupert Land Act, 1868, provided the framework for the annexation of the Territories and provided for the eventual admission of the Territories, subject to the terms and conditions prayed in Addresses to be approved by the Queen.

25. More specifically, section 146 of the BNA Act, 1867, bestowed a limited and specific power upon Her Majesty the Queen of England to legislate upon the receipt of Addresses from the Dominion Parliament for the purpose of land transfers to the Dominion of Canada:

It shall be lawful for the Queen, by and with the Advice of Her Majesty’s Most Honourable Privy Council, on Addresses from the Houses of the , and from the Houses of the respective Legislatures of the Colonies or Provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit those Colonies or Provinces, or any of them, into the Union, and on Address from the Houses of the Parliament of Canada to admit Rupert’s Land and the North-western Territory, or either of them, into the Union, on such Terms and Conditions in each Case as are in the Addresses expressed and as the Queen thinks fit to approve, subject to the Provisions of this Act; and the Provisions of any Order in Council in that Behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland. [Emphasis added.]31

26. The 1867 Address, which was the first Address from the Senate and the House of

Commons of Canada asking the Queen to admit Rupert’s Land32 and the North Western Territory, was enacted on December 16 and 17, 1867.33

27. The terms and conditions of the 1867 Address dealt with the transfer of the power to govern to the Dominion of Canada. These terms and conditions were not intended to and did not entrench a Duty to Publish.

28. Doubts had been raised as to whether the power of government and legislation could be legally transferred with respect to Rupert’s Land to the Dominion of Canada without an act of the Imperial Parliament. On April 23, 1868, Britain’s Colonial Secretary, Lord Granville, advised he was willing to comply with the prayer of the 1867 Address, but to do so would require an Act of the Imperial Parliament. Lord Granville placed a Bill before the Imperial Parliament which, effective July 31, 1868, became the Rupert’s Land

31BNA Act, 1867, supra, s. 146, AB Legislation, Tab 1.

32Rupert’s Land consisted of those lands “drawing into The Hudson’s Bay” and included the southern half of what is now Alberta and the Red River Colony in what is now Manitoba. See R. v. Caron, 2014 ABCA 71 at para. 117, AB Authorities, Tab 32.

33 1867 Address, supra, AB Legislation, Tab 4(a).

- 9 -

Act, 1868 (U.K.), 31-32 Vict., c. 105, the purpose of which was stated therein as being: An Act for enabling Her Majesty to accept a Surrender upon Terms of the Lands, Privileges, and Rights of “The Governor and Company of Adventurers of England trading into Hudson’s Bay,” and for admitting the same into the Dominion of Canada.

29. Section 3 of the Rupert’s Land Act, 1868,34 provided that it “shall be competent for the said Governor and Company to surrender to Her Majesty, and for Her Majesty by any Instrument under Her Sign Manual and Signet to accept a Surrender of all or any of the Lands, Rights, Privileges, Liberties, Franchises, Powers, and Authorities whatsoever granted by the said Letters Patents to the said Governor and Company within Rupert’s Land, upon such Terms and Conditions as shall be agreed upon by and between Her Majesty and he said Governor and Company; provided, however, that such Surrender shall not be accepted by Her Majesty until the Terms and Conditions upon which Rupert’s Land shall be admitted into the said Dominion of Canada…” in accordance with s. 146 of the BNA Act, 1867.

30. The Rupert’s Land Act, 1868, did not entrench any pre-existing rights. It reinforced the requirement to comply with section 146 of the BNA Act, 1867.

31. Section 535 of the Rupert’s Land Act, 1868, provided that it was “competent for Her Majesty” by an Order in Council on Addresses from the Houses of Parliament to declare Rupert’s Land to be admitted and became part of the Dominion of Canada and thereupon it shall be lawful for the Parliament of Canada to make laws for the peace, order and good government within Rupert’s Land. At this point in time, the Dominion of Canada did not have the authority to legislate in the Territories as annexation had not yet occurred.

32. On May 29 and 31, 1869, the Houses of the Parliament of Canada prayed to Her Majesty

in a second address (“1869 Address”)36 to unite Rupert’s Land on the terms and conditions expressed in the resolutions set out therein and to also unite the North Western Territory with the Dominion of Canada as prayed for in the terms and conditions contained in the 1867 Address. The terms and conditions within the 1869 Address reflect the terms and conditions agreed to between the Dominion of Canada, the Imperial

34Rupert’s Land Act, 1868, supra, AB Legislation, Tab 5.

35Rupert’s Land Act, 1868, supra, s. 5, AB Legislation, Tab 5.

36 1869 Address, supra, AB Legislation, Tab 4(b).

- 10 -

Government and the HBC with respect to the HBC surrender. In the 1870 Order, Her Majesty approved only those terms and conditions from the 1869 Address which were yet to be fulfilled and which were expressly set out therein.

33. The 1869 Address did not contain any provision about respecting legal rights; it merely requested that Rupert’s Land be joined with Canada pursuant to the terms expressed therein.

34. On June 22, 186937 the Dominion Parliament assented to the Act for the Temporary Government of Rupert’s Land and the North Western Territory when United with Canada, S.C. 1869, c. 3, reprinted in R.S.C. 1985, App. II, No. 7 (“Temporary

Government Act, 1869”)38, which renamed the Territories to be annexed “The North-West Territories.” The Temporary Government Act, 1869, was enacted to prepare for the transfer of the Territories and to make some temporary provisions for the Civil Government of the Territories until more permanent arrangements could be made by the Dominion Parliament of Canada.

35. Section 239 of this Temporary Government Act, 1869, provided for the appointment of a Lieutenant Governor of the NWT to make provisions for the administration of justice, and generally to make laws for the peace, order and good government of Her Majesty’s subjects and others therein. Section 5 maintained all existing laws at the time of admission in force, to the extent that they were consistent with the BNA Act, 1867 (“BNA Act, 1871”) and the terms and conditions approved by Her Majesty pursuant to s. 146 until they could be amended by the Dominion Parliament.

36. On November 19, 1869, the Deed of Surrender40 of the HBC over Rupert’s Land was executed by the HBC.

37Temporary Government Act, 1869, supra, AB Legislation, Tab 6, was initially to continue in force until the end of the next session of Parliament, but it was in fact re-enacted and continued in force for a further period of time by the Manitoba Act, 1870, s. 36. Canada’s authority to enact this provisional legislation was confirmed in the BNA Act, 1871, supra, AB Legislation, Tab 2.

38Temporary Government Act, 1869, supra, AB Legislation, Tab 6.

39Temporary Government Act, 1869, supra, AB Legislation, Tab 6.

40Deed of Surrender of Rupert’s Land, dated November 19, 1869, which is found in Schedule C to the 1870 Order, AB Legislation, Tab 4(c).

- 11 -

37. The Red River inhabitants were not kept officially informed of the developments between the Imperial Government, the HBC and the Dominion of Canada. Rather, the information received in the Red River Colony came via newspapers and rumor.

38. In 1869, the Red River Métis had concerns as to the consequences of the union with the

Dominion of Canada and were not confident in the Dominion’s future administration.41 When surveyors arrived in 1869 to take stock of the land, the matter came to a head and the Red River Resistance was born under the aegis of Louis Riel (“Riel”). On November 2, 1869, the Riel insurgents captured Upper Fort Garry and the insurrection began.

39. To address the concerns, Macdonald and Cartier met Father Ritchot, Judge Black and Alfred Scott (“Red River Delegates”) in Ottawa, who were nominated by Riel (none of

whom were Métis).42 The end result43 of the negotiations44 between the Red River Delegates, Macdonald and Cartier was to put forward legislation for Parliament to consider that would create the Province of Manitoba. Ultimately the legislation was

proposed and the Manitoba Act, 1870,45 was passed on May 12, 1870, making Manitoba a . It was the Manitoba Act, 1870, which satisfied everyone, including Riel and his provisional government.46

40. On June 22, 1870, the Queen accepted the HBC Surrender.47

41The Record is summarized in the R. v. Caron, 2009 ABQB 745 at para. 206, AB Authorities, Tab 31: “… between 1867 and the official annexation in July 1870, many significant events and initiatives took place in the territories. In particular, the inhabitants took great pains to secure a place for themselves at the negotiating table to discuss the conditions of annexation. These efforts led to a rebellion, as well as conventions at which “lists of rights” were drafted and a “provisional government” was organized. The inhabitants ultimately succeeded in attracting Ottawa’s attention. The Canadian government sent a commissioner, Smith, to hear the locals’ demands. They were then invited to send delegates to Ottawa to discuss the conditions of annexation for the territories in question.”

42Manitoba Métis Federation Inc. v. Attorney General of Canada et al. 2007 MBQB 293 (CanLII), (“Manitoba Métis”), at para. 95, AB Authorities, Tab 23.

43Manitoba Métis, supra, at para. 508 – 510, AB Authorities, Tab 23.

44Reference re: Manitoba Languages Rights, [1985] 1 SCR 721 at 731-732, AB Authorities, Tab 45; Manitoba Métis, supra, at paras. 4, 28-31, AB Authorities, Tab 23.

45Manitoba Métis Federation Inc. v. Canada (Attorney General) et al., 2010 MBCA 71, at para. 1, AB Authorities, Tab 24.

46Manitoba Act, 1870 supra, AB Legislation, Tab 3.

47Deed of Surrender of Rupert’s Land, dated November 19, 1869, which is Schedule C to the 1870 Order, AB Legislation, Tab 4(c).

- 12 -

41. On June 23, 1870, in accordance with s. 146 of the BNA Act, 1867, Her Majesty issued the 1870 Order.

42. The 1870 Order declared that the Dominion Parliament shall have full power and authority to legislate with respect to peace, order and good government of the North Western Territory but did not do so with respect to Rupert’s Land, which was provided for in the Rupert’s Land Act, 1868. With respect to Rupert’s Land, the 1870 Order only provided for its admission on the 15 conditions set out therein.

43. On July 15, 1870, the North Western Territory was united with the Dominion of Canada

upon the terms and conditions contained in the 1867 Address.48 Rupert’s Land, on the other hand, was not admitted upon the terms and conditions in the 1867 Address.49

44. The significance of the North Western Territory being annexed and Rupert’s Land not being annexed on the terms and conditions of the 1867 Address is that the 1867 Address could not have been intended by the Dominion Parliament and Imperial Parliament to have the constitutional effect of entrenching a Duty to Publish as argued by the Appellants or to restrict or limit the power of the Dominion Parliament to govern. The absence of any similar provision applicable to Rupert’s Land in the Rupert’s Land Act, 1868, militates against any such interpretation.

481869 Address, supra, AB Legislation, Tab 4(b).

491867 Address, supra, AB Legislation, Tab 4(a).

- 13 -

45. The 1870 Order did not have the effect of entrenching a Duty to Publish in the newly established NWT (in contrast to section 23 of the Manitoba Act, 1870, which was entrenched, a year later, in 1871).50

46. The Manitoba Act, 1870,51 provided for both the “organization of part of the said Territories as a province, and for the establishment of a Government therefore, and to make provision for the Civil Government of the remaining part of the said Territories, not included within the limits of the Province” or Manitoba. 52 Section 36 of the Manitoba

Act, 1870,53 re-enacted, extended and continued in force the Temporary Government Act,

1869.54 The latter enactment contained no provision mentioning or entrenching language rights.55

47. To settle the doubts regarding the Dominion Parliament’s ability to create provinces, the

Imperial Parliament enacted BNA Act, 1871.56

48. Section 2 of the BNA Act, 1871,57 gave the Dominion Parliament the power to establish new provinces in any territories forming part of the Dominion of Canada (but not

included in any province).58 It also granted the Dominion Parliament the power to make the constitution and administration of any such province and for the passing of laws for the peace, order and government of such province.

49. Section 4 of the BNA Act, 1871, granted the Parliament of Canada legislative powers to pass laws for the administration, peace, order and good government of any territory not

501870 Order, supra, AB Legislation, Tab 4; Constitutional Law of Canada, supra, at 56-5, AB Authorities, Tab 72; R. v. Caron, 2009 ABQB 745 at para. 202, AB Authorities, Tab 31.

51Manitoba Act, 1870, supra, AB Legislation, Tab 3.

52Manitoba Act, 1870, (See the third ‘whereas’ clause), AB Legislation, Tab 3.

53Manitoba Act, 1870, supra at s. 36, AB Legislation, Tab 3.

54Temporary Government Act, 1869, supra, AB Legislation, Tab 6.

55R. v. Caron, 2014 ABCA 71 at para. 154, AB Authorities, Tab 32.

56BNA Act, 1871 , supra, AB Legislation, Tab 2.

57BNA Act, 1871, supra, at ss. 2, 4-5, AB Legislation, Tab 2.

58R. v. Caron, 2009 ABQB 745 at paras. 250-251, AB Authorities, Tab 31.

- 14 -

“for the time being” included in any Province. This dispelled any doubt as to the

authority of the Dominion Parliament over the Territories.59

50. Section 5 deemed the Temporary Government Act, 1869, and the Manitoba Act, 1870, to be “valid and effectual for all purposes whatsoever …”

51. Section 6 provided that it shall not be competent for the Dominion Parliament to alter the provisions of the Manitoba Act, 1870, in so far as it “relates to the Province of Manitoba or any other Act hereunder establishing new Provinces in the said Dominion, subject always to the right of the Legislature of the Province of the Legislative Assembly to alter from time to time the provisions of any law respecting the qualification of electors and members of the Legislative Assembly …”

52. However, section 6 did not restrict the Dominion to alter the provisions of sections 35 and 36 of the Manitoba Act, 1870, applicable to the NWT.

53. In summary:

a) Section 23 of the Manitoba Act, 1870, expressly provided for the Duty to Publish in the Province of Manitoba. Section 6 of the BNA Act, 1871, eliminated the power and authority of the Dominion Parliament to alter section 23 of Manitoba Act, 1870;

b) The Manitoba Act, 1870, confirmed that the Temporary Government Act, 1869, would continue to apply to the NWT. This Act contained no provision mentioning or entrenching a Duty to Publish. Section 5 provided that prior laws in the NWT remained in effect, but only until altered by the Dominion Parliament;

c) The 1870 Order and the Rupert’s Land Act, 1868, together granted the Dominion of Canada unfettered and full power to govern the North Western Territory and Rupert’s Land respectively after annexation. Parliament’s power to govern therein was not subject to any terms and conditions relating to the Duty to Publish.

54. Having regard to the Relevant Legislation, the 1870 Order cannot be interpreted as entrenching a Duty to Publish.

59Mercure, supra, at 249-250, AB Authorities, Tab 34; Reference re: Alberta Act, s. 17 [1927] SCR 364 (“Reference re: Alberta”), Appellants’ Authorities, Vol. I, Tab 23, page 386.

- 15 -

D. Alberta Act, 1905

55. On July 20, 1905, pursuant to the BNA Act, 1871,60 the Dominion Parliament enacted the Act to establish and provide for the Government of the Province of Alberta (Alberta Act,

1905) 61 which came into force on September 1 of that year. The Act provided at section 3 that the provisions of the BNA Acts, 1867 to 1886 “shall apply to the Province of Alberta in the same way and to the like extent as they apply to the provinces heretofore comprised in the Dominion, as if the said Province of Alberta had been one of the provinces originally united, except in so far as varied by this Act and except such provisions as are in terms made, or by reasonable intendment may be held to be, specially applicable to or only to affect one or more and not the whole of the said provinces.”62

56. The Alberta Act, 1905,63 was silent with respect to the Duty to Publish and contained no section analogous to section 133 of the Constitution Act, 1867, or section 23 of the Manitoba Act, 1870.

57. The prevailing view at the time was that language provisions should not be entrenched so that the legislatures would be free to deal with the matter. 64

58. In relation to a Duty to Publish, the action taken by the Dominion Parliament when establishing the Provinces of Alberta and Saskatchewan, stood in sharp contrast to the action taken when establishing the Province of Manitoba in 1870. 65

60BNA Act, 1871, supra, AB Legislation, Tab 2.

61An Act to establish and provide for the Government of the Province of Alberta (Alberta Act, 1905), SC 1905, 4-5 Edward VII. c. 3 (Canada) (“Alberta Act, 1905”), AB Authorities, Tab 79.

62Alberta Act, 1905, supra, s. 3, AB Authorities, Tab 79.; Reference re: Alberta, supra, at 371, Appellants’ Authorities, Vol. I, Tab 23, page 386.

63Alberta Act, 1905, supra, AB Authorities, Tab 79.

64Mercure, supra, at 256, AB Authorities, Tab 34.

65Mercure, supra, at 249, AB Authorities, Tab 34.

- 16 -

E. The Proclamation had no Legal Effect

1. Section 146 of the BNA Act, 1867, and the Proclamation

59. Section 146 of the BNA Act, 1867, defined the scope of The Queen’s legislative power with respect to annexation of the Territories.66

60. The requisite power of government and legislation could not, “consistently with the existing Charter of The Hudson’s Bay Company, be transferred to Canada without an Act of Parliament.”67 As a result, the Rupert’s Land Act, 1868, was passed. It provided for the surrender of Rupert’s Land to Her Majesty, on the condition that such surrender would not be accepted by Her Majesty until the terms and conditions upon which Rupert’s Land would be admitted into Canada were embodied in an Address to Her Majesty from both the Houses of the Parliament of Canada and approved by Her Majesty pursuant to section 146 of the BNA Act, 1867.68

61. Section 146 of the BNA Act, 1867, bestowed a very limited and specific power on the Queen, as follows:

a) The Queen’s power to transfer Crown Land to the Dominion of Canada could only be exercised on the terms and conditions expressed by the two Houses of Parliament in the Dominion; and

b) The Queen was limited to approving or withholding approval of the terms and conditions expressed by the two Houses of Parliament in the Dominion in the addresses to the Crown.69

62. Section 146 did not permit the Queen to unilaterally add her own annexation terms under which the North Western Territory and Rupert’s Land would join the Union or to reduce the Dominion Parliament’s powers granted by the Imperial Parliament. The Queen’s role was limited to the process set out in section 146. The Queen was not empowered to

66AG v. De Keyser’s Royal Hotel, [1920] AC 508 (HL), (“De Keyser’s”), AB Authorities, Tab 1; Ross River Dena Council Band v. Canada, 2002 SCC 54, at para. 54, AB Authorities, Tab 53; British Coal Corporation v. The King, [1935] AC 500 at 517, 520 (PC), AB Authorities, Tab 5.

671869 Address, supra, AB Legislation, Tab 4(b).

68Rupert’s Land Act, 1868, supra, at s. 3, AB Legislation, Tab 5.

69BNA Act, 1867, supra, at s. 146, AB Legislation, Tab 1.

- 17 -

deviate from this express Imperial grant of power. This is consistent with the principle that any statute empowering the Crown to do certain things necessarily curtails any

independent prerogative power the Crown might have previously enjoyed in that regard.70

63. The BNA Act, 1867, abridges the Crown’s legislative prerogative and any power of the Crown might have had to legislate with respect to constitutional language rights in Canada are in abeyance by virtue of section 146.

2. The Proclamation was not Passed into Law

64. Alberta’s position is supported by the following findings of Justice Eidsvik, the Summary Conviction Appeal judge:

a) The Proclamation did not entrench a Duty to Publish because the Proclamation was not a constitutional document and had no legal force;

b) The Proclamation was never passed into law by the Imperial Parliament and the British Crown did not exercise its constituent power in issuing the Proclamation. Rather, the Proclamation was a political document which served to diffuse the conflict in face of the annexation;71

c) The Proclamation echoed the constitutional legislation already in force (section 146 of the BNA Act, 1867) and the legal process already established for the annexation of the Territories.72

65. Even if section 146 of the BNA Act, 1867, had not circumscribed the Crown’s prerogative, the common law limited the Crown’s prerogative in settled colonies.73

3. Proclamations are Subordinate to Parliament

66. Sir John Young, Governor General of Canada, prepared the Proclamation.74 The Royal prerogative, defined as “the residue of discretionary or arbitrary authority, which at any

70BNA Act, 1867, at s. 146, AB Legislation, Tab 1; De Keyser’s, supra, AB Authorities, Tab 1; Edward W. Ridges, Constitutional Law of England, 3rd ed by Sydney E. Williams (London: Stevens & Sons, 1922) at 164 and 165, AB Authorities, Tab 63.

71R. v. Caron, 2009 ABQB 745 at para. 179, AB Authorities, Tab 31. The Majority of the Court of Appeal agreed with Justice Eidsvik’s conclusions and with Justice Slatter’s analysis at paras. 140-145, supra, AB Authorities, Tab 32.

72R. v. Caron, 2009 ABQB 745 at para. 180, AB Authorities, Tab 31.

73Halsbury’s Laws of England, 3rd ed, vol 5 (London UK: Butterworth’s, 1968) at 550, AB Authorities, Tab 66.

- 18 -

given time is legally left in the hands of the Crown”, is also subordinate to Parliament. The Crown cannot exercise the royal prerogative in a way which conflicts with any Act

of Parliament or otherwise exceeds the common law limits placed upon the prerogative.75

67. Whatever the Proclamation said about “civil rights”, it did not create a law and cannot prevail in the face of subsequent enactments adopted by either the Imperial or Dominion Parliament as the case may be.

4. Scope of the Crown’s Royal Prerogative is Limited in Settled Colonies

68. Royal proclamations generally serve to call the law to the attention of the public.76

69. Even in circumstances where a proclamation expressly proclaimed a new law, it has been held to be void as being beyond the power of the Crown to create new law. Campbell v. Hall (1790), Lofft 655 (KB) involved the rights of the inhabitants of the island of Grenada, who were conquered by the British. The issue was whether the Crown could impose a new tax by proclamation after having granted the right to a legislature. The proclamation imposing a new tax after a legislature had been granted was found to have no force of law.77

70. Campbell v. Hall, supra, primarily deals with the Crown’s divesture of its prerogative to legislate for a conquered territory. On the basis of Campbell v. Hall, the Crown had no authority to legislate with respect to the Dominion of Canada, which had a representative

assembly.78

74 Proclamation, Exhibit 30-074, Appellants’ Record, Vol. IV, Tab 43, page 48.

75A Dicey, An Introduction to the Study of the Law of the Constitution, 8th ed (London: Macmillan, 1959) at 420, AB Authorities, Tab 59; R. (on the application of Bancoult) (Respondent) v. Secretary of State for Foreign and Commonwealth Affairs (Appellant), [2008] UKHL 61 (“Bancoult”) at paras. 82 and 149, AB Authorities, Tab 28; JE Coté, The Reception of English Law, (1977) Alta L Rev 29, at 48, 49, and 61 (“Coté”), AB Authorities, Tab 70; Halsbury’s Laws of England, 4th ed, vol, 8(2), (London: Butterworth’s, 1996) at para. 918, AB Authorities, Tab 68; Joseph Chitty, A Treatise on the Law of the Prerogatives of the Crown: And the Relative Duties and Rights of the Subject, (London: Joseph Butterworth & Son, 1820) (“Chitty”) at 1, 2, 3, 7, 8, 29, 104, AB Authorities, Tab 71; The Case of Proclamations (1611), 12 Co Rep 75 (KB) at 1353, AB Authorities, Tab 55; Warren Newman, The Principles of Rule of Law and Parliamentary Sovereignty in Constitutional Theory and Litigation 16 (2005) NJCL 175 at 196, 197, 222, AB Authorities, Tab 76.

76Chitty, supra, at 104, AB Authorities, Tab 71.

77Campbell v. Hall, (1774) Lofft 655, 98 ER 1045 (KB) (“Campbell v. Hall”) at paras. 739, 741, 742, 747, AB Authorities, Tab 8.

78 Campbell v. Hall, supra, AB Authorities, Tab 8.

- 19 -

71. The North Western Territory and Rupert’s Land were settled lands.79 The common law limited the prerogative in settled colonies. In a settled colony the Crown had no general power to legislate; the Crown’s prerogative was limited to a constituent power to

establish a representative assembly and even then there was a limit on that power.80

72. The Crown lost its ability to control the form of legislation in the commons (the Representative Assembly) in the 15th century and by 1488, all legislation was in English.81

73. Accordingly, the imposition of language form requirements for a representative assembly’s legislation would have fallen outside the Crown’s prerogative with respect to establishing representative assemblies in settled colonies. In other words, because the Dominion of Canada had a legislative assembly in 1869, the Queen’s prerogative power

(and thus the legal status of the Proclamation)82 was limited to approving the admission of Rupert’s Land on the terms and conditions mentioned in the 1867 Address and the 1869 Address, and since neither of them authorized entrenching language rights, Alberta argues the Queen had no ability to do so.

74. Furthermore, the Proclamation did not establish a new territory or annex the North Western Territory and/or Rupert’s Land to Canada, much less set out the manner and form by which any of the Territories were to legislate for themselves. It could not have done this because of section 146 of the Constitution Act, 1867.83

75. The Proclamation was not a constitutional document. It was intended to diffuse the conflict that was occurring in relation to the looming annexation by calling the state of

79R. v. Caron, 2009 ABQB 745 at para. 168, AB Authorities, Tab 31; Also see: Frederich Madden et al, Select Documents on the Constitutional History of the British Empire and Commonwealth: The Foundations of a Colonial System of Government, vol 4 (Westport, Connecticut: Greenwood Press, 1990) at 234, 235, AB Authorities, Tab 64.

80Halsbury’s Laws of England, 4th ed, vol 6, (Markham: LexisNexis Butterworths, 2003) at 478, para. 822, AB Authorities,. Tab 69; Halsbury’s Laws of England, 3rd ed, vol 5 (London, UK: Butterworths, 1968) at 550, AB Authorities, Tab 66; Coté, supra, at 48 and 49, AB Authorities, Tab 70; General Motors Acceptance Corporation of Canada, Ltd v. Perozni, 1965 Carswell Alta 28 at paras. 20-23, AB Authorities, Tab 14; Kielley v. Carson (1841-1842), 4 Moo PC 63, 13 ER 225 at 84, 85, 87, 88, AB Authorities, Tab 18; Sir Kenneth Roberts-Wray, Commonwealth and Colonial Law (New York: Frederick A Praeger, 1966) at 151-152, AB Authorities, Tab 74; Bancoult, supra, AB Authorities, Tab 28.

81 William Feilden Craies, A Treatise on Statute Law, 2nd ed (London: Stevens and Haynes, 1922) at 22, 51, 52, AB Authorities, Tab 77.

82Campbell v. Hall, supra, AB Authorities, Tab 8.

83Rupert’s Land Act, 1868, supra, AB Legislation, Tab 5; Temporary Government Act, 1869, supra, AB Legislation, Tab 6.

- 20 -

the law to the attention to the public, which was the customary use for proclamations at the time.

5. Proclamation Cannot Entrench Rights Beyond Parliament

76. It is also doubtful that the Proclamation represented a personal exercise of the Royal prerogative. The references to “the Queen” in the BNA Act, 1867, and in the other constitutional documents of the day do not, of course, refer to Her Majesty Queen Victoria acting personally as she saw fit. Rather, they refer to Her Majesty in her constitutional capacity, acting only “by and with the Advice of Her Majesty’s Most Honourable Privy Council”, referring to the Privy Council of the United Kingdom or Canada, as the case may be.

6. Proclamation Not Made Under the Great Seal

77. A royal proclamation is not binding unless it is made under the Great Seal. The Proclamation was not issued under the Great Seal of Canada or of Great Britain. Rather, it was penned by Governor General Young under his personal seal-at-arms which further weighs against construing the Proclamation as having legislative effect.84

7. Absence of Official Authorization to Governor General of Canada

78. The Governor General of Canada did not have authorization to legislate in the Territories

at the time. As a result the Proclamation does not have legislative effect.85

8. Governor General of Canada as a Delegate of the Queen had Limited Prerogative Power

79. The Governor General of Canada had no prerogative authority to legislate in relation to the Territories either before or after their annexation to the Dominion of Canada. The Governor General’s prerogative powers were limited to: (1) internal matters within the

84Keyley v. Manning, (1772), Cro Car 180 (KB) at 758, AB Authorities, Tab 17; Conrad Swan, Canada: Symbols of Sovereignty, (Toronto: University of Toronto Press, 1977) at 33, AB Authorities, Tab 61; George Chalmers, Opinions of Eminent Lawyers on Various Points of English Jurisprudence Chiefly concerning the Colonies, Fisheries and Commerce of Great Britain, (Burlington: C Goodrich and Co, 1858) at 246 to 248, AB Authorities, Tab 65.

85Parliament, “The Letters Patent of December 29, 1868” by JC Aikins in Sessional Papers, no 51 (1870), AB Authorities, Tab 87; Edward Fairfield, The Colonial Office List for 1877, (London: Harrison & Sons, 1877), at 259, clause 8, AB Authorities, Tab 62.

- 21 -

Dominion of Canada; and (2) limited by the Imperial enactments including those relative to the annexation of the Territories.86

9. Proclamation did not Expressly Identify or Refer to a Duty to Publish

a. Plain Reading of the Proclamation

80. The Proclamation did not expressly refer to language rights including a Duty to Publish.

The Proclamation87 recited the sorrow and displeasure with which the Queen viewed the unreasonable and lawless proceedings which had occurred. It asserted that the union of the Territories with Canada was in the best interests of the residents, and assured the residents that:

… on the union with Canada, all your civil and religious rights and privileges will be respected, your property secured to you, and that your country will be governed, as in the past, under British laws, and in the spirit of British justice.

81. The Proclamation held out an olive branch of negotiation, coupled with an offer of amnesty and expressed a willingness to consider legitimate grievances. The overall tone was that order would be maintained, and unlawful disturbances suppressed.

82. It was also partly a warning without legal effect.88 Similar to the situation in Re: Grazebrook, Ex parte, Chavasse, the appropriate interpretation of the Proclamation is that it was intended as a warning, without any legislative effect, which is a recognized use of proclamations.89

83. While offering an amnesty to those who immediately dispersed and returned to their homes, the Proclamation cannot be read as an unconditional acceptance of the demands of what the Proclamation called the “misguided persons” who had “illegally joined

86Halsbury’s Laws of England, 3rd ed, vol 5, supra at 465, AB Authorities, Tab 66; Halsbury’s Laws of England, 3rd ed, vol 7, at 321, para. 683, AB Authorities, Tab 67; The Liquidators of the Maritime Bank of Canada v. The Receiver General of New Brunswick, [1892] AC 437 (PC) at 443, AB Authorities, Tab 56; Bonanza Creek Gold Mining Co v. The King, [1916] 1 AC 566 at 580, AB Authorities, Tab 4; In the Motion of the Petition of Complaint of the Right Re v. John William Colenso, Lord Bishop of Natal, (1864) 3 Moo PCNS115 at 56 (PC), AB Authorities, Tab 16; W.L. Morton, ed, “Manitoba, Birth of a Province” (Winnipeg: Manitoba Record Society, 1965) at 229-236, AB Authorities, Tab 78.

87Proclamation, supra, Exhibit 30-074, Appellants’ Record, Vol. IV, Tab 43, page 48.

88Ex parte Thomas Chavasse, Isaac Jenks and Williams George Dixon, In the Matter of William Joseph Grazebrook, a Bankrupt (1865), 4 De GJ & S 655, 46 ER 1072 (“Ex parte Chavasse”) at 1075, AB Authorities, Tab 12.

89Proclamation, supra, Exhibit 30-074, Appellants’ Record, Vol. IV, Tab 43, page 48.; Ex parte Chavasse, supra, AB Authorities, Tab 12.

- 22 -

together”. If the Proclamation had amounted to an unconditional acceptance of the List of Rights, there would have been no need for the Red River Delegates to go to Ottawa.90

b. Property and Civil Rights, as referred to in the Proclamation

84. At or around the time of annexation “property and civil rights” meant “the whole body of law governing relationships between individuals.”91

85. The notion of “civil rights” was used in a similar fashion in relation in the , 1774, (U.K.) where the phrase “property and civil rights” meant “the whole body of law governing relationships between individuals so that only English criminal and public law

were excepted.” This broad interpretation was retained until the time of Confederation.92

10. Proclamation not Listed in Schedule B to the Constitution Act, 1982, nor the Relevant Legislation

86. The Proclamation was not referenced in the 1870 Order, the addresses nor Schedule B to the Constitution Act, 1982. It is not law.

F. The 1867 Address

87. Alberta incorporates and adopts paragraph 24 to paragraph 36 of its Factum in response to Boutet.

G. Statutory and Constitutional Interpretative Approaches

88. Alberta incorporates and adopts paragraph 43 to paragraph 55 of its Factum in response to Boutet. Even in light of the application of the statutory and constitutional principles of interpretation in a large and liberal manner, neither the 1870 Order nor the Proclamation

90R. v. Caron, 2014 ABCA 71 at para. 134 , AB Authorities, Tab 32.

91Constitutional Law of Canada, supra, at page 21-2, AB Authorities, Tab 72.

92Reference re: Firearms Act, 1998 ABCA 305 (“Reference re: Firearms Act”), at para. 465, AB Authorities, Tab 43; Nissan Automobile Co (Canada) Ltd v. Pelletier, 77 DLR (3d) 646, 1976 CS 296 at 117 (Qc SC), aff’d 97 DLR (3d) 277 (QC CA), aff’d [1981] 1 SCJ 67 (QL), AB Authorities, Tab 27; The Quebec Act, 1774, (UK) 14 Geo 3, c 83, s 8, AB Authorities, Tab 85; The Dictionary of Canadian Law, 3d ed (2004), sub verbio “positive law” at 959, AB Authorities, Tab 75; Morris v. Morris, [1974] 2 WWR 193, 42 DLR (3d) 550 per Hall JA at para. 78 (Man CA), AB Authorities, Tab 26, citing Byers v. Sun Savings Bank, 41 Okla 728, 52 LRANS 320 (eC), AB Authorities, Tab 7; Black’s Law Dictionary, 6th ed, sub verbio “positive law”, at 1162, AB Authorities, Tab 60.

- 23 -

entrench a Duty to Publish. This is an insurmountable obstacle to the Appellants’ position.

H. Response to Caron’s Arguments

89. Alberta’s primary response to Caron’s argument has been through an analysis of the Relevant Legislation and the Proclamation. Although Alberta does not respond to every point in Caron’s factum, Alberta’s position is that several areas raised by Caron are not material to the legal analysis. This Appeal can and should be resolved by the application of the principles of statutory construction.

1. No Statutory Duty to Publish Local Laws in French and English in 1870 prior to Annexation

90. The historical documents that directly addressed the publication of legislation in the Red River Colony only serve to confirm there was no statutory Duty to Publish in 1870 prior to annexation.

91. The alleged statutory duty seemingly emanates from the June 19, 1845, resolution of the Council of Assiniboia. Resolution no. 33, provided that the “publication and explanation of these resolution are highly expedient” and resolved, “that one placarded copy be suspended in the Court-house” (…) and that copies of Council resolutions, “in both languages, be read aloud and explained at the meetings of the General Court in

November and February of each year (…).”93

92. When the local enactments were re-enacted and consolidated in 1852, the consolidation repealed all prior local “regulations.” There was no article included that mandated the reading and enactment of laws in French and English. A similar consolidation took place

in 1862. While the 185294 and 186295 consolidations were published in both languages, there is nothing on the record to show this was a legal imperative, or merely for administrative convenience and practicality. Recorder Thom’s state of the law in his May

93Trial Exhibit 30-551(a) at page 326, AB Record, page 98.

94The revision and consolidation of Council’s local resolutions up to July 13, 1853, was printed in English and French and sent to HBC Governor in London: Trial Exhibit 30-551(b). The French version of the 1852 consolidation is found at page 1325 of Trial Exhibit 30-551(b), AB Record, page 125.

95The 1862 municipal consolidation did not contain a requirement that the Council of Assiniboia print, post or read the local regulation in English and French (The French version for the 1862 consolidation is found at pages 1332 to 1348 of Trial Exhibit 30-551(b), AB Record, page 129.

- 24 -

1851 Report of the Law Amendment Committee highlights that all local regulations on record on April 30, 1852, are repealed.96

In submitting to the Governor and Council of Assiniboia our report on the state of the law of the district, we beg to offer some explanatory remarks.

We have reduced the whole of the existing regulations within the very narrow compass of little more than forty resolutions. This brevity we have attained partly by throwing aside all preambles whatever, and partly by omitting all such regulations as would appear never to have been called into practical operation.

(…)

I. Our local legislature is restrained by all the statues of the imperial parliament which may apply to Rupert’s Land; and any colonial enactment, that might be repugnant to any such statue, would not only be null and void in itself, but might expose the governor, as an assenting party, to penalties and disqualifications.

(…)

In conclusion, we subjoin our draft of the revised code of municipal regulations, the whole, of course, respectfully submitted.

GENERAL PROVISIONS

I. All local enactments, when not expressly extended farther, shall apply only to that part of the District of Assiniboia which forms Red River Settlement and its environs.

(…)

V.1 All local regulations, that were on record on 30th April, 1852, are repealed. [Emphasis added.] 93. In Canadian North West: Its Early Development Records, Professor Oliver refers to the 1852 Consolidation as follows:

13 General Enactments of the Governor and Council of Assiniboia entered both in French and English.

The staple of the following pages is the revised code of July, 1852 which supersedes all local laws down to 30th April, 1851. For subsequent enactments of a general character, a space has been left at the foot of each page. In this way may be provided, from time to time, a

96EH Oliver, ed, The Canadian North-West: Its Early Development and Legislative Records, Minutes of the Councils of the Red River Colony and the Northern Development of Rupert’s Land, Vol. I (Ottawa: Government Printing Bureau, 1915), at 369, Trial Exhibit 30-551(a), AB Record, page 100.

- 25 -

complete view, in both languages, of all permanent regulations, without any mixture of extraneous or temporary matters. [Emphasis added.97]

94. On April 11, 1862, the Council of Assiniboia discussed the “new arrangement and collection of local laws which the Committee appointed at the last Council” presented for Council’s approval:

GENERAL PROVISIONS

I. All local enactments, when not expressly extended farther shall apply only to that part of the District of Assiniboia which forms Red River Settlement and its environs.

(…)

All local regulations, that were on record on 13th March, 1862, are repealed. [Emphasis added.]98 95. The practice to print, post and explain the local regulations in the Municipal District was not required by law nor was it enforceable in law:

a. Neither the 1852 nor the 1862 consolidations required Council resolutions to be published.

b. Both the 1852 and the 1862 consolidations superseded all prior enactments.

c. If there was any enactment granting a statutory status in relation to a duty to publish Council resolutions in both languages prior to that time, it was repealed.

d. After 1852 there were no Council resolutions requiring local resolutions to be published in French and English nor any statutory duty to do so.

e. The existence of a French version of these consolidations appears to reflect a local practice of the time.

96. The fact that an “individual or group can act in a certain way says nothing at all about the

legal status or consequences of the Act.”99 The mere usage or ability to act in a certain way does not in and of itself convert that usage into a “right” recognized at law.

97Trial Exhibit 30-551(b), AB Record, page 121.

98Trial Exhibit 30-551(a), AB Record, page 102.

- 26 -

97. The State of the Law up to July 15, 1870, in the Province of Manitoba establishes the following laws were in place, none of which contained a Duty to Publish:

No. 1 Charter of Incorporation granted by King Charles II to the Governor and Company of Adventurers of England trading into Hudson’s Bay 2nd May, 1870.

No. 2 Statute of Imperial Parliament (1803), 43rd Geo. III., c. 138.

No. 3 Statute of Imperial Parliament (1821), 1st and 2nd Geo. IV. c. 66.

No. 4 Statute of Imperial Parliament (1859), 22nd and 23rd Vic., c. 26.

No. 5 Extract from proceedings of a General Court held by the Governor and Committee of the Hudson’s Bay Company in London, 13th March 1839.

No. 6 Laws of the Governor and Council of Assiniboine as revised 11th April, 1862, and continued afterwards to the latest session of that body.100

98. The 1845 Resolution was repealed and was not in effect on July 15, 1870. In addition, the Municipal District of Assiniboia, the jurisdiction where the Resolution applied, was a small area, extending in all directions fifty miles from the forks of the Red River and the

Assiniboine.101

2. The End Result of the Negotiations was the Manitoba Act, 1870

99. The end result of the negotiations between Macdonald, Cartier and the Red River Delegates was the Manitoba Act, 1870.102 Alberta incorporates and adopts paragraph 56 to paragraph 60 of its Factum in response to Boutet.

99Reference re Secession of Quebec, [1998] 2 SCR 217 (SCC) at para. 106, AB Authorities, Tab 48.

100 Special Commissioner Report by Justice Johnson, appointed under the Great Seal of Canada on September 3, 1870, to report on the State of the Law in force in Manitoba up to July 15, 1870 and to inquire with respect to NWT, Journals, House of Commons, Session 1880 93 at 101, 102, 108 and 109, AB Authorities, Tab 88.

101Trial Exhibit 30-551(a) and (b), AB Record, page 107.

102Manitoba Métis, supra, at paras. 461 to 510, AB Authorities, Tab 23.

- 27 -

3. Reference re: Supreme Court Act, ss. 5 and 6

100. Alberta replies to the Caron submissions in relation to Reference re: Supreme Court Act, ss. 5 and 6, 2014 SCC 21 (“Nadon”) as follows:

a) Nadon does not stand for the proposition that a compromise should be read in by the courts where one does not exist. As noted by this Court in MacDonald v. City of

Montreal103, “…it is not open to the courts under the guise of interpretation, to improve upon, supplement or amend this historical constitutional promise”. Caron’s position is inconsistent with the Nadon decision given that Caron is asking that a entrenched Duty to Publish be read into the Relevant Legislation;

b) In Nadon, the historical compromise was documented in section 6 of the Supreme Court Act. Contrary to Nadon, there is no provision entrenching a Duty to Publish in the annexed Territories, outside of the Province of Manitoba. Section 110104, which lay at the heart of Mercure, was the only provision which expressly related to a Duty to Publish. Neither the law nor the historical context support the existence of such a compromise.

101. Contrary to Caron’s arguments in paragraphs 14, 20, 21, 24, 59, 67 and 89 of his Factum, there are compelling reasons to insist upon the primacy of the written legislation. Constitutional obligations, particularly those that give rise to positive duties should not be created in the absence of clear language in the Relevant Legislation. Judicial innovation on the facts of this case is undesirable for several reasons:

a) the Legislator did not intend to entrench a Duty to Publish in the NWT at the time;

b) the position proposed by Caron is inconsistent with the Record, i.e. it does not reflect the historical realities of the time; and

c) the Red River Delegates and the provisional government were satisfied with the Manitoba Act, 1870.

103MacDonald v. City of Montreal, supra, at 496, AB Authorities, Tab 21.

104The North-West Territories Act, 1886, RSC 1886 c. 50, s. 110 (“Section 110”), AB Authorities, Tab 83.

- 28 -

4. Implication of the Appellants’ Position

102. The implications of accepting the position advanced by Caron are broad and far-reaching, extending beyond the issue of the Duty to Publish. The Duty to Publish cannot be distinguished from the other “rights” contained in the List of Rights created by the provisional government. If the logic of Caron is followed, the entire List of Rights may benefit from the same status. Clearly some of the items in the List of Rights were not agreed to by the Dominion of Canada and others were not “suitable” 105 for “entrenching” as noted in the following sections of the List of Rights:

a) Section 1: that the Territories would only enter Canada as a province106;

b) Section 8: that the province of Manitoba would decide the qualifications of members of the federal Parliament107;

c) Section 10: that the bargain with the HBC be annulled108;

d) Section 11: that the mineral wealth of the new “province” be explored within five years109;

e) Section 14: that there be uninterrupted steam communication to Fort Garry110;

f) Section 15: that all public infrastructure would be at the cost of the federal government111;

g) Section 5: that all customs, usages and privileges be left exclusively to the local Legislature.112

103. The concerns and demands of the leaders of the Red River Settlement as evidenced by the Lists of Rights related not only to the French Métis or to the English half-breeds but

105R. v. Caron, 2014 ABCA 71 at para. 158, AB Authorities, Tab 32.

106Section 1 of the List of Rights, Appellants’ Record, Vol. IV, Tab 45, page 54.

107Section 8 of the List of Rights, Appellants’ Record, Vol. IV, Tab 45, page 54.

108Section 10 of the List of Rights, Appellants’ Record, Vol. IV, Tab 45, page 55.

109Section 11 of the List of Rights, Appellants’ Record, Vol. IV, Tab 45, page 55.

110Section 14 of the List of Rights, Appellants’ Record, Vol. IV, Tab 45, page 55.

111Section 15 of the List of Rights, Appellants’ Record, Vol. IV, Tab 45, page 55.

112Section 5 of the List of Rights, Appellants’ Record, Vol. IV, Tab 45, page 54.

- 29 -

to all of the residents of the Settlement.113 To constitutionally entrench a Duty to Publish on the basis argued by the Appellants would open the floodgates to more litigation on the basis that the other items in the List of Rights are entrenched with a potentially far- reaching effect, impacting all parts of the Canada which were originally of the North Western Territory or Rupert’s Land.

5. Condition 15 in the 1869 Address

104. In response to paragraphs 23 to 26, it is difficult to conceive that the 1870 Order could entrench the Proclamation, which had been issued six months prior to the issuance of the 1870 Order, without any precise indication to this effect in the wording of the 1870 Order.

105. The 1870 Order clearly demonstrates that condition 15 of the 1869 Address applies only to the essentially commercial conditions remaining to be carried out to finalize the transfer of Rupert’s Land. Condition 15 refers only to the 14 enumerated conditions of a commercial nature. The 15 conditions set out in the 1870 Order make no reference to a Duty to Publish. The Conditions do not make any reference to arranging the details of governance or modifying the arrangements for governance. Conditions 1 to 14 are silent in these aspects.

106. Condition 15, which came into force on July 15, 1870, reflected a condition yet to be fulfilled (prospective). In this light, it is difficult to conceive how Condition 15 could have incorporated a proclamation, which had been written six months earlier, when Condition 15 had yet to be carried out on July 15, 1870.

107. Condition 15 did not grant absolute power and authority to the Governor in Council. It provided the Governor in Council to arrange any details that may be necessary to “carry out the above terms and conditions.” For instance, the Governor in Council was given authority to arrange for the details necessary to deal with the compensation claims by Indians pursuant to condition 14 or any claim for land by the HBC pursuant to condition 5 which allowed the HBC a period of 50 years to make such a claim. The Governor in Council was not granted authority to create broad obligations such as the Duty to Publish.

113Manitoba Métis, supra, at para. 674, AB Authorities, Tab 23.

- 30 -

6. The 1877 NWT Amendment was not a Constitutional Compromise

108. In response to paragraph 9 in the Caron Factum, Alberta disagrees that Section 110114 (like section 23 in Manitoba) is the codification of a 1870 historical constitutional compromise that gave rise to a Duty to Publish in the NWT. Neither the law nor the record supports the existence of such a compromise.

109. The Northwest Territories Act, 1877 (the “1877 Amendment”)115, which contained the first version of Section 110 (at section 11) and which was made in the Senate while some unrelated amendments were being made, does not reflect a constitutional compromise. Not having been sponsored by the Government, the 1877 Amendment was rather “grudgingly accepted by the Government when it came up for consideration in the House of Commons”116 even though “there is no suggestion that the Government had any objection to the amendment as such.”117

110. While this Court has held that section 23 of the Manitoba Act, 1870, reflects a constitutional “compromise”, the jurisprudence is limited to section 23 of the Manitoba Act, 1870, and section 133 of the BNA Act, 1867. This Court noted in Mercure the difference between a “constitutionally entrenched provision” and one that is not118 (in relation to s. 133 of the BNA Act, 1867, and Section 110):

“I now turn to the appellant’s request that the hearing be delayed until the Clerk of the Legislative Assembly produce before the court the relevant statutes printed in the French language. By the manner in which this request was made, it is obvious that he sought valid statutes, not mere unofficial translations. On the basis of Attorney General of Quebec v. Blaikie, supra, it is clear that for the statutes to be valid they must have been enacted, printed and published in English and French. Since the relevant statutes have not been enacted, printed and published in English and French, it follows that they are invalid, unless a distinction can be drawn between the present case and Blaikie. There

114Section 110, supra, AB Authorities, Tab 83.

115North-West Territories Act, 1877, SC 1877 c. 7, s. 11, AB Authorities, Tab 81.

116Mercure, supra, at 250, AB Authorities, Tab 34.

117Mercure, supra, at 251, AB Authorities, Tab 34.

118Mercure, supra, at 280, AB Authorities, Tab 34.

- 31 -

is, of course, the difference that in Blaikie, the Court was dealing with an entrenched constitutional provision.119 [Emphasis added.]

111. Section 110 was not entrenched.120 Section 110 does not reflect a constitutional compromise.

7. R. v. Mercure

112. This Court in Mercure121 used similar reasoning as Alberta in this Appeal in relation to the significance of s. 4 of the BNA Act, 1871, which granted the Dominion Parliament the right to make provision for the administration, peace, order and good government for any territory not for the time being included in the province. This supports Alberta’s position that the 1870 Order did not entrench a Duty to Publish.

113. Section 110122 does not assist Caron in his position.

114. In 1988 this Court ruled in Mercure,123 that Section 110 was in effect in Saskatchewan and Alberta in 1905. However, since Section 110 was not part of the Constitution, it could be amended by Alberta through the normal legislative process.

115. To the extent Caron relies on Section 110 as the basis of his argument that the Duty to Publish is entrenched, Mercure provides a complete, final and binding answer. As neither the 1870 Order, the 1867 Address nor the Proclamation entrenched a Duty to Publish, the reasoning in Mercure governs. This Court’s decision that Section 110 was the only provision relating to a Duty to Publish that existed in Alberta in 1905 and that it did not have constitutional status is correct and binding:

The appellant took the position that s. 110 can only be repealed by virtue of an amendment to the made under s. 43 of the Constitution Act, 1982, i.e., by resolutions of the Parliament of Canada and of the legislature of the province to which the amendment

119Mercure, supra, at 276, AB Authorities, Tab 34.

120For additional case law in relation to Section 110 see: R. v. Rottiers, [1995] SJ No. 421 (Sask CA), leave to appeal to the SCC refused, [1995] CSCR No 568, AB Authorities, Tab 38; R. v. Paquette, 1987 ABCA 188, 38 CCC (3d) 333, [1987] AJ No 817 (CA) (“Paquette”), AB Authorities, Tab 36; R. v. Lefebvre, [1993] AJ No 94 (CA), AB Authorities, Tab 33, Leave to appeal to the S.C.C. refused, [1993] CSCR No. 177; Application to S.C.C. to reconsider its decision to deny leave to appeal dismissed, 27 Alta LR (3d) lviii (note), SCC Bulletin, May 12, 1995.

121Mercure, supra, at 249-250, AB Authorities, Tab 34.

122Section 110, AB Authorities, Tab 83.

123Mercure, supra, AB Authorities, Tab 34; Also see Paquette, supra, AB Authorities, Tab 36.

- 32 -

applies. I do not think this proposition can stand in the face of the express words of ss. 14 and 16(1) of the , which clearly provide that the laws continued under the Act are subject to being repealed by the appropriate legislature. Not only is the province empowered to legislate respecting procedure in the courts under s. 92(14) of the Constitution Act, 1867, it is also given power under s. 45 of the Constitution Act, 1982, to amend the constitution of the province. But that is not all. Parliament knew full well how to entrench a provision if it wished to do so, namely, by expressly providing for language rights in the Saskatchewan Act as it did in the case of s. 23 of the Manitoba Act, 1870. Such provisions, in common with s. 133 of the Constitution Act, 1867, are constitutionally protected and do not fall within the province’s legislative capacity to amend its constitution or otherwise: see A.G. Que. v. Blaikie , supra, at pp. 1023-25. 124

116. The absence of an express provision in the Relevant Legislation is fatal to the Appellants’ position. Neither the 1870 Order nor the Proclamation entrenches a Duty to Publish.

I. No Fiduciary Duty

117. This Court’s three part test set out in Alberta v. Elders Advocates Society of Alberta125 to establish a fiduciary duty is not met in this Appeal with the result that there is no fiduciary obligation owed. There is no evidence that either Caron or Boutet are Métis and they therefore cannot claim any obligation owed to Métis.

J. Honour of the Crown is not Engaged

The honour of the Crown is not a relevant principle affecting the outcome of this Appeal. The Proclamation did not have force of law. In any event it is not necessary to determine whether the honour of the Crown applies in this Appeal.

124Mercure, supra, at 270-271, AB Authorities, Tab 34.

125Alberta v. Elders Advocates Society of Alberta, [2011] 2 SCR 261, at para. 27, AB Authorities, Tab 2; Manitoba Métis Federation Inc. v. Canada (Attorney General), [2013] 1 SCR 623, 2013 SCC 14 at paras. 9, 160, AB Authorities, Tab 25.

- 33 -

PART IV - COSTS

118. Alberta respectfully requests costs in this Court.

119. Alberta opposes solicitor-client costs to Caron for this Appeal and for all lower Courts. There is no principled basis to depart from the normal rules on costs that the successful party is entitled to costs.126

PART V - ORDER SOUGHT

120. The response to the questions in this Appeal are as follows:

1. Is the Languages Act, R.S.A. 2000, c. L-6, ultra vires or inoperative insofar as it abrogates a constitutional duty owed by Alberta to enact, print and publish its laws and regulations in English and in French in accordance, inter alia, with the 1870 Order?

No.

2. If the answer to Question 1 is affirmative, are the Traffic Safety Act, R.S.A. 2000, c. T-6, and any other laws and regulations that have not been enacted, printed and published by Alberta in English and French inoperative?

Given Alberta’s answer to Question 1, it is not necessary to answer Question 2.

126NWT (AG) v. Association des parents ayants droits de Yellowknife, 2015 NWTCA 2, AB Authorities, Tab 86.

- 34 -

121. Accordingly, Alberta submits that this Appeal should be dismissed.

TH ALL OF WHICH IS RESPECTFULLY SUBMITTED THIS 20 JANUARY 2015,

MCLENNAN ROSS LLP Per: ______Teresa R. Haykowsky

Per: ______David D. Risling

Per: ______Peter P. Taschuk, Q.C.

Counsel for the Respondent, Her Majesty the Queen in Right of Alberta

- 35 -

PART VI - TABLE OF AUTHORITIES

JURISPRUDENCE Paragraphs AG v. De Keyser’s Royal Hotel, [1920] AC 508 (HL) ...... 59 Alberta v. Elder Advocates of Alberta Society, [2011] 2 SCR 261, 2011 SCC 24 117 Bonanza Creek Gold Mining Co v. The King, [1916] 1 AC 566 ...... 79 British Coal Corporation v. The King, [1935] AC 500 ...... 59 Byers v. Sun Savings Bank, 41 Okla 728, 52 LRANS 320 (eC) ...... 85 Campbell v. Hall, (1790) Lofft 655, 98 ER 1045 (KB) ...... 69,70, 73 Ex parte Chavasse (1865), 4 De GJ&S 65, 46 ER 1072 (Ct Ch) ...... 82 General Motors Acceptance Corporation of Canada, Ltd v. Perozni, 1965 Carswell Alta 28, 51 DLR (2d) 724 (Alta Dist Ct) ...... 71 In the Matter of the Petition of Complaint of the Right Re v. John William Colenso, Lord Bishop of Natal, (1864) 3 Moo PCNS115 (PC) ...... 79 Keyley v. Manning, (1772), Cro Car 180 (KB) ...... 77 Kielley v. Carson (1841-1842), 4 Moo PC 63, 13 ER 225 ...... 71 MacDonald v. City of Montreal [1986] 1 SCR 460 ...... 19, 100(a) Manitoba Métis Federation Inc. v. Canada (AG), 2007 MBQB 293 ...... 39, 42, 48, 99, 103 Manitoba Métis Federation Inc. v. Canada (Attorney General) et al., 2010 MBCA 71 ...... 39 Manitoba Métis Federation Inc. v. Canada (Attorney General), [2013] 1 SCR 623, 2013 SCC 14 ...... 117 Morris v. Morris, [1974] 2 WWR 193, 42 DLR (3d) 550 (Man CA) ...... 85 Nissan Automobile Co (Canada) Ltd v. Pelletier (1978), 77 DLR (3d) 646, 1976 CS 296 (Qc SC) aff’d 97 DLR (3d) 277 (QCCA), aff’d [1981] 1 SCJ 67 (QL) ...... 85 R. (on the application of Bancoult) (Respondent) v. Secretary of State for Foreign and Commonwealth Affairs (Appellant), [2008] UKHL 61 ...... 66, 71 R. v. Caron, 2009 ABQB 745 ...... 10, 12, 38, 45, 48, 64, 71 R. v. Caron, 2014 ABCA 71 ...... 11, 12, 13, 15, 26, 46, 83, 102

- 36 -

R. v. Lefebvre, [1993] AJ No 94 (CA), leave to appeal to the S.C.C. refused, [1993] CSCR No 177; Application to S.C.C. to reconsider its decision to deny leave to appeal dismissed, 27 Alta. L.R. (3d) lviii (note), SCC Bulletin, May 12, 1995 ...... 111 R. v. Mercure, [1988] 1 SCR 234 ...... 6, 100, 110, 112, 114, 115, 49, 57, 58, 109 R. v. Paquette, 1987 ABCA 188, 38 CCC (3d) 333, [1987] AJ No 817 (CA), appeal to the SCC dismissed, [1990] 2 SCR 1103 (SCC) ...... 111 R. v. Rottiers, [1995] SJ No 421 (Sask CA), leave to appeal to the SCC refused; [1995] CSCR No 568, application to SCC to reconsider its decision to deny leave to appeal dismissed, SCC Bulletin of May 12, 1995 ...... 111 R. v. T.D.M. 2008 YKCA 16 ...... 19 Reference re Firearms Act (Can), 1998 ABCA 305, 228 AR 35 ...... 85 Reference re Manitoba Language Rights, [1985] 1 SCR 721 ...... 39 Reference re Secession Québec, [1998] 2 SCR 217 ...... 96 Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21 ...... 100 Ross River Dena Council Band v Canada, 2002 SCC 54 ...... 59 The Case of Proclamations (1611), 12 Co Rep 75, [1610] EWHC KB J22 (KB) ...... 66 The Liquidators of the Maritime Bank of Canada v. The Receiver General of New Brunswick, [1892] AC 437 (PC) ...... 79

SECONDARY SOURCES A Dicey, An Introduction to the Study of the Law of the Constitution, 8th ed (London: Macmillan, 1959) ...... 66 Black’s Law Dictionary, 6th ed ...... 85 Conrad Swan, Canada: Symbols of Sovereignty, (Toronto: University of Toronto Press, 1977) ...... 77 Edward Fairfield, The Colonial Office List for 1877, (London: Harrison & Sons, 1877) ...... 78 Edward W. Ridges, Constitutional Law of England, 3rd ed by Sydney E. Williams (London: Stevens & Sons, 1922) ...... 62 Frederich Madden et al, Select Documents on the Constitutional History of the British Empire and Commonwealth: The Foundations of a Colonial System of Government, vol 4 (Westport, Connecticut: Greenwood Press, 1990) ...... 71

- 37 -

George Chalmers, Opinions of Eminent Lawyers on Various Points of English Jurisprudence Chiefly concerning the Colonies, Fisheries and Commerce of Great Britain, (Burlington: C Goodrich and Co, 1858) ...... 77 Halsbury’s Laws of England, 3d ed, vol 5 (London UK: Buttersworths, 1968 ...... 65, 71, 79 Halsbury’s Laws of England, 3d ed, vol 7 ...... 79 Halsbury’s Laws of England, 4th ed, vol. 8(2), (London: Butterworth’s, 1996) ...... 66 Halsbury’s Laws of England, 4th ed, Issue 6, (Markham: LexisNexis Butterworths, 2003) ...... 71 JE Coté, The Reception of English Law, (1977) Alta L Rev 29 ...... 66 Joseph Chitty, A Treatise on the Law of the Prerogatives of the Crown: and the Relative Duties and Rights of the Subject, (London: Joseph Butterworth & Son, 1820) ...... 66, 68 Peter W. Hogg, Constitutional Law of Canada, 5th edition (Scarborough: Thompson Carswell, 2007) ...... 19 Sir Kenneth Roberts-Wray, Commonwealth and Colonial Law (New York: Frederick A Praeger, 1966) ...... 71 The Dictionary of Canadian Law, 3d ed (2004) ...... 85 Warren Newman, The Principles of Rule of Law and Parliamentary Sovereignty in Constitutional Theory and Litigation 16 (2005) NJCL 175 ...... 66 William Feilden Craies, A Treatise on Statute Law, 2nd ed (London: Stevens and Haynes, 1922) ...... 72 WL Morton, ed, “Manitoba, Birth of a Province” (Winnipeg: Manitoba Record Society, 1965) ...... 79 The Quebec Act, 1774, (UK) 14 Geo 3, c 83 ...... 85 NWT (AG) v. Association des parents ayants droits de Yellowknife, 2015 NWTCA 2 ...... 120 Parliament, “The Letters Patent of December 29, 1868” by JC Aikins in Sessional Papers, no 51 (1870) ...... 29, 78 Special Commissioner Report by Justice Johnson, appointed under the Great Seal of Canada on September 3, 1870, to report on the State of the Law in force in Manitoba up to July 15, 1870 and to inquire with respect to NWT, Journals, House of Commons, Session 1880 93 ...... 97

- 38 -

PART VII – LEGISLATION

British North America Act, 1867 (UK), 30 & 31 Vict, c 3 ...... Tab 1 British North America Act, 1871 (UK), 34 & 35 Vict. C 28 ...... Tab 2 Manitoba Act, 1870, 33 Viet, c3 ...... Tab 3 Order of Her Majesty in Council admitting Rupert's Land and the North-Western Territory into the Dominion of Canada (with attached Schedules A, B, and C), Imperial Order in Council at the Court at Windsor, June 23, 1870 ...... Tab 4 Schedule A to the 1870 Order: Address to Her Majesty the Queen from the Senate and House of Commons of the Dominion of Canada, December 16-17,1867 ...... Tab 4(a) Schedule B to the 1870 Order: Resolutions of the Senate and House of Commons of the Dominion of Canada, May 28,1869 ...... Tab 4(b) Schedule C to the 1870 Order: Deed of Surrender of Rupert's Land to Her Majesty Queen Victoria by the Governor and Company of Adventurers of England trading into Hudson's Bay, November 19, 1869 ...... Tab 4(c) Rupert's Land Act, 1868 (UK), 31 & 32 Viet, c 105 ...... Tab 5 Temporary Government of Rupert's Land Act, 1869,32 & 33, Viet, c 3 ...... Tab 6

OTT_LAW\ 4940160\2

- 39 -

ANNO rrRICESIMO,

VICTOR.I_VICTOR,I£, REGINREGIN~£. iE.

CCAP. A P. IlI,III. ,AllAn Act for the Union ,of Canada, NooaNoua ScotiaiScotia; andand NeroNett) Brzmswick,Brun,swick, ’and'and the Government .thereof;thet'eof;' and for PU1'posesPurposes connectedcOlln~cted thel'e\vith.therewith.’ " . ' , [29th~29th Mar~hMarpn 1867.]186L] "t"l THEREAS the Pl'O'Vinoes of ,Oanada, Novo Scottt1, nnd l' f Ndw BrutUwich hlllTG expressed their' Desire ,to 'be federallyfed~y united,um~d, into~o OneO~e Do_on~o~o~ uuderuud~" the~e Orow~C~w~ of 'the’~e UnitedU~ted Kingdom~ngdom otof Qr'otBritu',.~ea~~n and~d I,.,lMtd"ZPe~d,, withwi~ Iia Oousti.Cons~- ~tutton.’tu~on BimiIM'~1~ ini~ PrinoipilP~cipl~ \ to th&tthat of the~o UnitedU~ted KingdomK~om~: ': " ' And~d wherooswh~ BUahsu~ 0.a UnionUn[oa would oonduoeconduce toto the~e Welfare~ ot'theof’~e Pl~vinoe8' and 'promote the Inter05ta of the BritUh Empire: 'And’~And whereaswhere~ on the~e Estnblishment~s~shm~t oto~ the~he 'UnionU~on b1Au~hori~1~F Au~ho~y ofo~ 'ParliamentP~~t itit isis expedient,expe~ent, not only'o~y.th~t tha.t the~e Oonai~tutionConsti~fion 01of the Legislative~sla~ra AuthorityAutho~ in~ the~ Dominion~o~nion be provided for~'for~: but Mao~so that thethe Nature~t~e ofof thethe Exeoutive~xecuti~e GovernmentGor~nm~nt therein~ere~ be deolareddecl~d :: ~ndAnd wh~rea.swh~re~ it'isit. is expedientexponent thatthat Provision~o~sion ,be.be ,made~m~e 'for~for -the' eventualerent~ Admis,sionA~s.~on into~to the~e UD:ionU~on ofof~ otherother Parts'~tS ofof Briti8,.~r~t~ N01'th, ~m~a: ' , " Be;ittherefol'eBefit,~herefore enaotedenao~d andand deolareddeclared byby the'Queen's'mostExoellentthe’ ~ueen’s’mos~ ~Xce~en~ :,Majesty,'by~, by and~d ~ththe~ththe AdvioeAd~e and~d OonsentofConsent :of thethe LordsLo~ds Spiritual o ' and - 40 -

10 30° VICTORI2E,VICTORllE, Cap.3.,Cap.3 ..

BritishBn't£sA ~Vo~thJ¥orth America.A mer'ica.

and Temporal, and Commons, in this present Parliament’Parliament assembled, and by the Authority of the same, as followsfollows: :

I.-PRELIMINARY• ¯. Short Title. 1. This Act may be cited as The ~rifishBrUUik ~gorthNodk America~4merlea Act, 1867.

ApplicationA;p.~lic~ti.on 2. The Provisions of this :Act referring ~oto Her Maj~s~Majesty the queenQueen o’.’ Provisions referring~~f~;;i:~1~~8 to extend also totheto. the Heirs and Successors of Her Majesty, Kings and the Queen,Queen. Queens of the United Kingdom of Great ~BritainBritain and freland.Ireland.

n.-UNION.

DecimationDeclaration ~.8. It shall be lawful for the ~ueeu,Queen. .byby and with ~hethe Advie~Advice of UMon.Union.' of Her Majesty'sMajestfs Most~.ost HonourableHonou~able Privy Council, to~o declare by.by Proclamation that, on and after a Day:Day therein appointed, not being more than Six Months after the passing of this Act, the Provinces of Canada, 1gova’Seotia,Nova' Scotia, and 2~ewNew ~BrunswiekBrun8wick shall form and be One . Dorain~onDominion under the ~NameN arne of Oanada;Ganada ; and on and after thatthai Day:Day .those Three Provinces shall form and be One Dominion under that NameN arne accordingly.

Construction 4. The subsequent Provisions of this Act shall, lmIess~mless it is ofo~ subRe-su~se- . otherwise expressed or implied, commence and have effect on and queut Provi- sions~~~~to~A::'- o~ Act. after the Union, thattha~ is tote say,. on"on and after the Day:Day appointed for the Union takingtMdng effect in the Queen'sQueen’s Proclamation; and in the same Provisio~s,Provisio.ns, unless it is otherwise expressed or implied,~nplied, the Name Canada shall be taken to mean Canada as constituted under this Act.

Four Pro­Pro- 5. Canada shall be divided into Four Provinces, named Onlario,O~tario, vinces. Quebec,~uebe¢, Nova_~ova Scotia, and New_~ew Brun8wick.JBrunswick. .

Provinces !)fof 6. The"The Par~s Parts of the Province of Canada (as it exists at the Ontario andan(] passing of this Ad).A.c~) which~lrllieh formerly constituted respectively the Quebec. Quebec. Provinces of Upper~er OanadaCanada and Lower-~ower Canada shall be deemeddeeme~l to be severed, and shall form Two separate Provinces. The PartPar~ which formerly constituted the ProvinceProv~nce of Upper~f_pl~er OanadaCanada shall constitute the Province of Ontario; and the Part which formerly constituted the Province ofOf Lowe1'Zower Canada~anada shall constitute the Province of Quebec.Quebeo.

Provinces ofo1~ 7. The Provinces of Nova~ova Scotia and New Brunswick~Brv/a~wick .shall.shall have Nova~ova Scotia.Sco~a lindand New~o~ the same LimitsL~ as at the passingpass~g of this~his Act. Brunswick. Decennial 8. In the~he general Census of the~he PopulationPop~ation of CanadaC~a whichwMch isis Census.Consus. hereby requiredreq~ed to~ be taken'~ken-~ in thethe Year One thousandfhousand eight hundredhunted and~d - 41 -

30° VICTORIa, Cap.3. 11

British North .America.

a~d Sevent~-one, and in every Tenth Year. thereafter, the respedtive l~opulations of the :~our Provinces shall be distinguished.

Declaration. 9. The ]~xecutive Government and Authority of an4-over of Executive Canada is hereby decl~ed to continue and be vested in the Power in the queen. Queen.

Application 10. The Provisions of this Act referring to the Governor of Provisions General extend and’ apply to the Goveraor General for the Time referring to Governor being of Ca~ada, or other the Chief ]~xecutive Officer or Adminis- General trator ~or the Time bcin~ carryin~ on ~ho Government. o£ ~wr~ada on behaff and in the Name of the queen, by whatever Title he is designated.

.11. ~ere shall be a Council to aid and advise in the Govern- ConstitUtion ment of Canada,~o be styled the Queen’s Privy Council for Canada; o~Council. Privy for and. the Persons who are to be ]~embers of that. Council shall be Canada. from, Time to Time chosen and svmmoned by the Governor General" and sworn in as Privy Councillors, and ~[embers thereof may be from Time to Time removed by the Governor General.

12. All Powers, Authorities, and Functions which under any Act All Powers underacts to of the Parliament of Great Britain, or of the Parliament of the be exevcise~[ United Kingdom of Great -Britain and Treland, or of the .Legis- by Governor G,enera~ lature of Upper Canada, JSower~ Canada, Canada, 27ova 3eOtla, or w~th" Advice New. -Brudswick, are at the Union vested in or exerciseable by the of Prl.vy Council, respective Governors or Lieutenant Governors of those Provinces,. Or ~tlo1] e# - with- the Advice, or with the Advice and Consent, of the respective :Executlve.Councils thereof, or in conjunc.tion with. those Councils, or with any Number of Members thereof, or by. those G~vernors or Y~ieutenant Governors individually, shall, as far as the same. continue in existence and capable of being exercised after the Union in relation to the Governn~ent of Canada, be vested in andl exercise- able by the Governor General~ with the Advice or with tl~e Advice and Consent of or in conjunction with the Queen’s Privy Cou~cK for Canada, or any ]~embers thereof, or by the Governor General individually, as ~he Case requires, subject nevertheless (except with respec~ to such as exist under Acts of ~he Parliament of Great ,Brita~ or. of ~he Parliamen~ of’the United K~ngdom of Great .Britain and J~reland) to be abolished or ’altered by the Par!i~.ment .of Canada.

13. The Provisions of this Act referring to the Governor General Application in Council shall be construed as referring to the Governor Genera][ ofProvlsio, s referring to acting - 42 -

12 300 VICTORI,ZE, Cap.3.

~ritish North America.

~-overnor acting by and with" the Advice of the Queen’s Privy Comacll for ~ener~ ~n Canada. Council.

14. It shah be .lawful for the Queen, ff Her Majesty thrusts fit, Her Majesty to authorize the Governor General from Time ~o Time to appoint to authorize Governor any Person or any Persons jointly or severally to be his Deputy or General to Deputies within any Part or Parts of Canada, and in that Capacity appoint Deputies. to exercise dmd.ng the Pleasure of the Governor General such of the Power,s, Authorities, and !~unctions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General himself of any Power, ~_uthority, or :Function.

Commau4 15. The .Command-in-Chief of the :Land and. ~aval Militia, of armed and of all :Naval and ~V~ihtary :~orces, of and in Canada, is hereby Forces to continue to declared to continue and be vested in the Queen. be vested in the Qaeen. Scat of Go- 16. Until the Queen otherwise dh’ects, the Seat of Government vernment of of Canada shall beOtlawa. Canada.

Constitution 17..The~’e shall be One Parliament for Canada, consisting of the.. of Parlia- ment of Queen, an Upper House styled the Senate, and the House of Canada. Coramons.

Privileges, 18. The t~vileges, Immnnities, and Powers to be held, enjoyed, &c. of and exercised by the Senate a~d by the House of Commons and by House~. the Members tlmreof respectively shall be such as are from Time to Time defined by Act of the Paxliament of Canada, but so that the same shall never exceed ~ose at the passing of this Act held, enjoyed, and exercised by the Connnons House of Parliament of the United Kingdom of Great JBritai~ and Ireland "and by. the Members thereof.

~’irst Session’ 19. The Paa-liament of ~anada shall be ca]led together no~ la~er of the Parlla- than Six M.onths after the Union. merit of Canada. Ye~.rly Ses- 20. There shall be a Session of the Paz.li’ament of Canada once sion of the at least in every Year, so that Twelve Months shall not intervene Parliament . of Canada. between the last Sitting of the Parliament i~ one Session and its first Sitting in the next Session. - 43 -

30° VICTORI , Cup.3. 13 British North A merica.

Thg Senate.

21. The Senate shall, subject to the Provisions of this Act, consist Number of of Seventy-~wo Members, who shall be styled Senators. " Senator~

22. In relationto the Cons~itut.ion of the Senate Canada shall be deemed ~ consls~ of T~ ~i~sions : tion Of Pro- vlnces in 1. Onta~o ; Senate. 2. Quebec; 3. The ~m~e Prov~c~, ~ova ~eotla and ~ew ~ran~wick; wlfich T~ee Div~ions s~ (subj~ ~o ~he Pro~ions of ~ be equa~y represented iu the Se~e ~ follows: Ontario by Twen~y-fo~ . Sena~ ; Quebec by Twen~-fo~ Sena~o~ ~ .and the ~a~ime Provinces by Twen~-fo~ Sena~rs, ~elve. ~her~f represen~g ~ova Scotia, and Twelve ~hereof representing ~ew

In the C~e of Quebec e~h of ~he ~en~y-fo~ Sena~rs repre. scn~ing ~ Produce s~ be appo~M for One of the ~enty.fo~ ~lcc~or~ Di~sions of ~ower Canada specified in Sched~e A. ~ Chapter. ~e of ~he Consoli~d S~ut~ of C~ada.

23. The Qualifications of a Senatmr shah be as follows : Qualifica- (1.) He shall be of the full Age of Thirty Years : tions of Senator, (2.) He shall be either ~ natural-born Subject of the Queen, or a Subject of the Queen naturalized by an Act of the Parliament of Great ~rltain, or of the Parliament of the United Kingdom of Great ~ritaln and Ireland, or of the Legislature of One of the Provinces of U1919er Canada, Zower Canada, Canada, Nova Scotia, or _h~ew ~Brunswick, before the Union, or of the Parliament of Canada after the Union : (3.) tie shall be legally or equitably selsed as of ~reehold for his own Use and Benefit of Lands’ or Tenements held in :Free and Common Socage, or seised or possessed for his own Use and Benef ~, of Lands or .Tenements held in :Franc- aHeu or in l~)ture, w]th;- the~ larovlnce for which he ~s appoin~.ed, of the Value of ~our thousand :Dollars~ over and above all Rents, :Dues, :Debts, Charges, ]Y[ortgages, and Incumbrances due or payable out of or charged on or affecting the same : (~.) His Real and Personal Property shall be togethe~ worth l~om" ~h~usand .:Dollars over and above his :Debts and Liabilities : (5.) He shall be resident in the Province for ~hich he is appointed: - 44 -

14 30° VICTORI,ZE, Cap.3.

.British North America.~

(6.), In the Case of Quebec he .s~ll have his Reai Proper~y Qualification in the ’ :Electoral~ Division for which he is appointed, or shall be resident in that Division.

24. The Governor Genel~l shall fi’om Time to Time, .in the Queen’s l~ame, by :Instrument under the Great Seal o~ Canada, summon qualified Persons to the Senate; and, subject to the Provl- sions of this Act, every Person so summoned shall become and be ~ ~Iember of the Senate and a Senator.

Summons o~ 25. Such Persons shaII be first summoned to the Senate as the First Body Queen by Warrant under Her Majesty’s Royal Sign ~[anual thinks of Senators. * fit to approve, and their Names shall be inserted in the Queen’s Proclamation of Union.

Addition of 26. If at any Time on the Recommendation of the Governor Senators in General the Queen thinks fit to direct that Three or" Six )![embers certain" CaseS. be added to the Senafe, the Governor General may by Summons t6 Three or Six qualified Persons (as the Case may be), repre- senting equally the Three Divisions of Canada, add to the Senate accordingly.

Reduction of 27. ]~n case of such Addition being at any Time rondel the. Senate to normal Governor General shall not summon any. Person to the Senate, 1Number. except on a further like Direction by ~he Queen on the like Recom- mendation, ~mbil each of the Three Divisions of Canada is repre- sented by Twenty-four Senators and no more. l~Iaximum 28. The l~unber of Senators shall not at any Time exceed Number of Senators, Seventy-eight.

Te..re of 29. A Senato’r shall, subject to the Provisions of ttds Act, hold Place in Senate. ]~ Place in the Senate for Life.

Res;gnation 30. A Senator ~aay by Writing under his Hand addressed to the of Place Governor General resign tSs Place in the Sena£e, and thereupon in Senate. the same shall be vacant.

Disqualifi- 31. The Place of a Senator shall become vacant in .a~y of the cat;on of following Cases : Senators. (1.)~[f for Two consecutive Sessions of the Parliament he fails to ~ve his Attendance in the Senate : (2.) If he f~kes an Oath or makes a Declaratfon or Ac]~uowledg. ment of Allegiance, Obedience, or Adherence to a Foreign Power, or does an Act whereby he becomes a Subject or Citizen, - 45 -

30° VICTORI. E, Cap :3. 15

2~ritish Worth America.

Citizen, or entitled ~o the Rights or privileges of a.Subject or Citizen, of a Foreign Power : (3.) ~f he is adjudged B,.nl~vupt or Insolvent, or applies for the Benefit of any, Law relating to Insolvent Debtors, or becomes a publlc Defaulter : (4.) ~fhe is attainted of Treason or convicted of .]~elony or of any infamous ClOne : (5.) !f he ceases to be qualified in respect of Property or of Residence; provided, that a Senator shall not be deemed to have ceased to be qualified in respect of l~esidence .by reason only of his residing, at the Seat of.the Govern-.. ment of Canada while holding an Ot~fice u~nder that Government requiring his l~resence ~here.

32. When a Vacanc~r happens in the Senate by Resignation, Summons on Death, or otherwise, the Governor General shall by Summons ~o Vacancy in Senate. a. fit and qualified Person fill the Yacancy.

33. If any Question arises respiting the Qualification of ’a Senator or a Vacancy in the Senate the same shall be heard¯ and tions and de~ermined by the Senate. Vacancies in Senate. 34. The Governor General may from Time ~o Time, by Inst~u-)~ppolnt-~ ment under the Great Seal of ~an, ada, appoJn~ a-Senator .to be; Speaker Speaker of the Senate, and may remove h~m and ~ppolnt another ~enate. in his Stead.

35. Until the Parliament of Canada otherwise provides,.. ~he.. Quorum of l~resence of at least ~ffteen Senators, including .the Speaker, Ts.ha!!. 0. Se~ate. be necessary ~o constitute a ~Ieeting. of the Senate for the of its Powers. ’,

36. Questions arising in the Senat~ shall be decided by a Voting in ~aj0ri~j~ of Voices, and the Speaker¯ shallin all Ca~es have a Senate. Vo~e, and when the Voices are equal the ~DeciSion stroll to he ~n ~he Negative.

~7. The House of Commons shall, subject to the ’Provisions ~onstltut~on of this Ac~, consist of One hundred, and elghty~one ~/fembers," of Ho,,~e of of whom F~ightyrtwo, shall be elected ’ for Ontario,, i.Si~,.five Canada.C°mm°~’~II for Quebec, Nineteen for _hrova ~/cotia, ..and .Yffteen. for::=h~ew’ - 46 -

16 30° VICTORI E, Cap.3.

British ~¥orth A meriea.

Summoning ~38. The Governor General shall from Time to Time, in the of House of Queen’s Name, by Inst;rument under the Great Seal of Canada, CouzmOn~o svmmon and call together the House of Commons.

Senators no[ 39. ~- Senator shall not be capable of being ~lec~d or of llouse of fii~fing or voting as a ~ember of the House of Commons. Commons.

Electoral 40. Uhtll the Parliament of Canada otherwise provides, Ontario, Districts of" Quebec, 2Vova ~eotia, and 1Vow ~Brunswiak shall, for the Purposes the Four Provinces. Of the ]~lection of ~Y[embers to serve in the House. of Commons, be divided into ~lectoral Districts as follows :

1.-- O~VTA~O. Ontario shall be divided into the C~unties, Ridings of Counties, Cities, Parts of Cities, and Towns enumerated in the First Schedule 1o this Act, each whereof shall be an ]~lectoral Dish4ct, each such District as numbered in that Schedule being entitled to return One ]~[ember.

QueSee shall be divided into Sixty.five Electoral Districts,. com. posed of the Sixty-five ]~lectoral Divisions into which Zower Canada is at the passing of this Act divided under Chaptor Two of the Consolidated Statutes of Canada, Chapter Seventy-fiveof the Con- solidatod Statutes for ~5ower Canada, and theAct of the Province of Canada of the Twenty-tt~.. Year of the Queen, Chapter One, or any other Act amending the same in force at the Union, so that e~ch such ~lectoral Divisioa shall be for the .Purposes. of: this Act an Fdectoral District entitled to return One ~[ember.

3.--1Vo r~ ~,ach of the ~i~hteen Counties of Nova ,Ycoti~ Shall be an ]~lectoral District. The County of ~!~alifa~ shall bo entitled to ~e~urn Two ~emb~rs, and each of the other Counties One M’ember.

F~ach of the ~Fourteen Counties into which ~Vew ~runawick is divided, . including thd City and County of St. John, shall be an £1ectoral District. The City of ~t. John sh~ll also be a separate ]~lectoral District. ’ ~ach of those Fifteen :Electoral. Di~trlcts shall be entitled to return One 3~ember. 41. Until - 47 -

30° VICTORIyE, Cap.3. 17 ~British 2Vorth America.’

Until the Parliament of Canada otherwise provides, all Laws Continuance 41. of existing in force in ~he several Provinces a~ ~he Union relative, Election following Matters or any of them, namely,--the Qu,.llf~cations and Laws until Parliament :Disqualifications of Persons’ to be elected or to sit or vo~e as of Canada Members of the House of Assembly or :Legislative Assombly in the otherwise provides. several Provinces, the ¥oters at ]~lections of such Members, the Oaths to be f~ken by ¥oters, ~he Refin:ning Officers, ~heir Powers and Duties, the Proceedings at :Elections, the Periods during which :Elec~ons may be continued, the Trial of controverted :Elections, and Proceedings incident thereto, the vacating of Sea~s of Members, and the :Executon of new Writs in case of Seats vacated otherwise than by :Dissolution,--shall respectively apply to :Elections of Members to serve in the House of Commons for the same several Provinces. Provided that, until the Parliament of Canada otherwise provides, a~ any’ :Election for a member of the House of Commons for the :DisVrict of .Algoma, in additon to Persons qualified by the Law of the Province of Canada to vote, every Male .British Subject, aged Twen~-one Years or upwards, being ~ Householder, shi~ll have a Vote,

42. ]~or the l~irst :Election of Members to serve in ~he House of Writs for Commons the Governor General shall cause Writs to be issued by ~’irst EIec- t~on. . such Person, in such ]~orm, and add~’essed to such Rehnmlng Officers as he tblnks fit. The Person issuing Wri~s under this Section shall have the llke Powers as’ are possessed at the Union by the Officers charged with the issuing of Writs for the :Election of Members to ~erve in the respective House of Assembly or :Legislatve Assembly of the :Pro- vince of Canada, 2"Vova Seot~a, or _?~ew .Br~tnswick; [and the Returning Officers f~ whom Writs are directed under this Section shall have ~he like Powers as are possessed at the Union by the Officers charged with the returning of Wri~s for the ~lection of Members to smwe in the same respective House of Assembly or Legislative Assembly.

43. In case a Yacancy in the Representation in the House of _~ to Commons of any :Elecf~ral :District happens before the Meeting of Casual the Pa~’liament, or after ~he ~[eeting of the Parliament before Pro- Vacancies. vision is made by the Parliament in this Behalf, the Provisions of the last foregoing Section of this Ac~ shall ex~end and apply f~ the issuing and returning of a -Writ in respect of such vacant Dist~rlot.

44. The House of Commons on its first assembling after a As to General :Election shall proceed with all practicable Speed to elect Election Speake~ One of its ~embers to be Speaker. House of :E 45. In Commons. - 48 -

18 30° ,VICTORI!E, Cap.3 "British North A~nerica. "

.As to "fillin~ 45. !n case of a. Vacancy happ,e~ing in the Office ofSpeaker by up Vacancy Death, Resignation, or otherwise, the House of Commons shall with in Office Speaker. all practicable Speed proceed to elect another of its ~Iembers to be Speaker.

S~caker to 4.(}.. The Speaker shall preside at all ~Ieetings of :the House of preside. Comm ons.

Provision 47. Until the Parliament of Canada otherwise provides, in case in case of of the. Absence for any Reason of the Speaker from the Chair of Absence of Speaker. the House of Commons for a Period of :For~y-eight consecutive Hours, .the House may elect another of its Members ~o act as Speaker, and the lY[ember so elected shall during the Continuance. of such Absence of tihe Speaker .have and execute all the Powers, Privileges, and Duties of Speaker.

Quordm of 48. The Presence of a~ least Twenty.Members of the House of House of Commons shall be necessary.to constitute a MeeRug of the House Commons, for the Exercise .of its Powers, and for that Purpose the Speaker shall be reckoned as a ~[ember.

Voting in 49. Questions arising in the House of Commons shall be decided House Of by a Majority of Voices other than that Of the Speaker, and when Commons. the Voices are equal, but not otherwise, the Speaker shall have a Yote.

Duration of 50. ~.very House of Commons shall continue for :Five Years House of from .the :Day of the Return of the Writs for choosing’the House Commons. (subject to be sooner dissolved by the Governor General), and no longer.

Decennial 51o On the Completion of the Census in the Year ~)ne thousand Re-adjust- eight hundred and seventy-one, and of each subsequent decennial ment of Re- presentation. Census, the Representat:ion of the :Four Provinces shall .be re- adjusted by such A~’.thority, in such ~anner, and from such Time, as the Parliament of Canada from Time to Time provides, subject and according to the following Rules : (1.) Q.uebe~ shall have the fixed Number .of Sixty-five ~[ember~ .~ (2.) There shall be assigned to each of the other .Provinces such a Number of ]~embers as will bear the same Proporhon to-the Number of its Population (ascertained at such Census) as the Number Sixty-five bears to the Number of the Population of Quebec (so ascer~ined) : . ¯ . (3.) ]~n the Computation of the Number of ~embers for a Province a fractional Part not exceeding One Half of the whole - 49 -

30°.,VICTORI E, Cap.3. 19

British North America.

whole Number requisite for entitling the Pl~)vinCe .to a M:ember shall be disregarded; but a fractional Par~ ceedlng One Haft of tha~ Nlunber shall be e~luivalent .to the whole Number :,. (~.) On any such Re-adjdstment the Number of ~[embers for a Province shall not be reduced unless the Pl~or~ion Which the :Number of the Population of the Province bore to the l~umber of the aggregate Population of Canada at the then last preceding Re-adjustment of the l~umber ~f ~Iembers for the Province is " ascertained at the then latest Census ¯ to be diminished by One Twent,ieth Par~ or upwards: (5.) Such P~e-adjustrment shall not ~ke effec~ ~m~ll the Ter, mluation of the then existing Parliament.

52. The Number of ~embers of the House of Commons may Increase be from Time to Time increased by the Parliament of Canada, House of provide~t the proportionate Representation of the Province’s pre- scribed by this Act. is not thereby disturbed.

Money" Votes; tloyal .48sent.

53. Bills for appropriating any Par~ of the Public l~evenue, or Appropria- tion and for imposing any Tax or ~Unpost, shall originate in the House of Tax B~lls. Commons.

54. It Shall not be lawful for .the House of Commons to l~commen- dation oi" adopt or pass’any Vote, Resolution, Address, or Bill. for the Mo~ey. Appropriation of any Part of the Public Revenue, or of any Tax or Votes. Impost, to any Purpose thai; has not been first recommended ~ that House by ~Iessage of the Governor General in the Session in which such Yore, ’Resolution, Address, or Bill is proposed.

55. Where a ]~ill passed by the Houses of the Parliament is RoyalAs- presented ~o ~he Governor General for the Queen’s Asse~t, he shall seat to ~e. declare, according ~o ]’is :Discretion, but subject to the Provisions of this Act and to ]~er B~ajesty’s Instruc~ions~ either, that he assents thereto in the Queen’s :Name, or that he withholds the. Queen’s Assent, or tha~ he ’reserves the Bill for the Signification of the Queen’s Pleasm’e.

56. Where the Governor General assents to a Bill in ~he Queen’s Dis’allow- :Name, he shah by the first convenient Oppor~i~r send an ante by Order in authentic .Copy of ~he Act to One of Her ~Iajesty’s Principal Council of Secretaries of-State,, and if the Queen in Council within Two Act as-.. sente4 ~o by Years after Receipt thereof by the Secretary of State ~h~n~s fit to Governor disallow - 50 -

20 .30° ,VICTORL E, Cap.3. J~ritish North America.

disallow the Act, such Disallowance (with a Certificate of the Secre~z~’y of State of the Day on which the Act was received by him) being signified by the Govel~or General, by Speech or :Hessage to each of the. Houses of the Parliament or by Proclamation, shall annul the Act from and after ~he Day of such Signification.

Signification 57. A Bill reserved for the Signification of the Que.en’s Pleasure. 0f Queen’s shall not have any :Force unless and until, within Two Years from Pleasure on Bill re. the Day on which it was presented to the Governor General for the served. Queen’s Assent, the Governor General signifies, by Speech or ]Y[essage to each of the Houses of the Parliament or by Procla- mation, that it has received the Assent of the Que~n in Council. ¯ An ~Entry o/~ every such Speech, ~essage, or Proclamation shall be made in the Journal of each House, and a :Duplicate thereof duly attested shall be delivered to the proper Officer to be kept among the Records of Camada.

¥.~:PROVINCIASa CONSTITUTIONS. ~xecutive Tower.

Appoint- 58. ~For each Province there shall be an Officer, styled the men~ of Lieutenant Governor, appointed by the Governor General in Council Lieutenant Governors o~ by Instrument under the Great Seal of Canada. Provinces.

. Tenure of 59. A Lieutenant Governor shall hold Office during the Pleasure Office of of the Governor General ; but any Lieutenant Governor appointed Lieutenant Governor. a~cr the Commencement o~ the :First Session of the Parliament of Canada shall not be removeable within :Five Years from his Appointment, except for Canse assigned, which shall be eommuni. cared to him in Writing within. One ~[onth after the Order for his Removal is made, and shall be communicated by )/[essage ~o the Senate and to the House of Com,monswithin One Week thereafter if the Parliament is then sitting, ,and ff not then within One Week after the Cohnnencement of the next Session of the Parliament.

Salaries o[" 60° The Salaries of the Lieutenant Governors shall be fixed and Lieutenant provided by the Parliament of Canada. {~-ovcrIIorS.

Oaths, &c. of 61. :E~ew Lieutenant Governor shall, before assuming the Duties Lieutenant ~oVernor. of his Office, make and subscribe before the Governor General or some Person. anthorized by him Oaths of Allegiance and Office similar to those taken by the Governor General.

Application 62. The .Provisions of this kc’t referring to the Lieutenant of Provisions " roferring to ~overnor extend and ap131~ to the ~ieutenant Governor for the Time being - 51 -

30°VICTORI!E, Cap.3. 21 ~B~’itish North America.

being of each Province, or other the. Chief :Executive Officer or Lieutenant Administrator for the Time being carrying .on the Government of Govornor. the Province, by whatever Title he is designated.

63. The Exedutive Council of Ontario and of QueSec shall be Appoin~men~ of Executive composed of such Persons as th.e Lieutenant Governor from.Time O~icers for to Time thinks fit, and in the first instance of the following Officers, Ontario and namely,--~he Attorney General, the Secretary. and Re~strar of Quebec. the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, with in Quebec the Speaker of the.Legislative Council and the Solicitor General

. 64. The Constitution of the Executive ~kuthori~ in each Of the Executive Government Provinces of ~Vova ~eotla and £Vew .Brunswiok~ shall, subject ,to o f l~ova the Provisions of this Act, continue as it exists at the Union un~l Scotia and New Bruns. altered under the ~uthority of this Act. wick.

65, All Powers, Authorities, and ~unctlons which under any Act Powers to be exemlsed of the Parliament of Great~ ~Britain, ~r of the Parliament of the by Liet~. United Kingdom of Great .Brit~gn and Irela~nd, or of the Legislature tenant Go~ ~of U_p_per Canada, ~o~er Canada, or Canada, were or are before vernor of Ontario or or at the Union vested in or exerciseable by the respective Gover- Quebec wltlt nors or Lieutenafit Governors of those Provinces, with the Advice Advice, or alone. or with the Advice and Consent of the respective Executive Councils thereof, or in conjunc~i0n with,those Councils,~ or with any :hrumber of :~embers thereof, or by those Governors or Lieutenant Governo~a individually, shall, as far as ~he sau~e are capable of being exercised after the ~nion in relation to the Government of Ontario and Quebea respectively, be vefited in Un’d shall or may be exercised by the Lieutenant Governor of Ontario and Quebec respectively, with the Advice or with the Advice and Consent of or in conjup, etlon with. the respective Executive .Councils, or any ~Iembers thereof, or by the Lieutenant Governor individually, as the Case r.equires, subject nevertheless (except wiih respect to such as exist under Acts of the Parliament of ~reat ~B~itai~, or of the Parliament of ~he Uni~([ K~ngdom of Great .Britain and’Ireland,) ~o be abolished or altered by the r~sl~ective :hegislathres of Ontario and Quebec.

66. The Provisions of this Act referring .to the Lieut~aan~ Appli~tioa Governor in Council shall be construed as referring ~).the ofyrovislohs referring to Lieutenant Governor of the Province a02ng .by and with the Advice Lieutenant of the :Executive Council thereof. Governor la {17. ’The co~ - 52 -

..300 VICTORI2E, Cap.3. ~ritish North A merlca.

Administra- 67. The Governor General in Council may from Time to Time tion in Ab- sence, &d of .appoint an 2kdmini-~trater t~ execute the Office and ~unctions of ¯ Lieutenant Lieutenant Governor dining his Absence, Illness, or other Inability. Governor. Seats of 68. Unless and unt-il the ~Execu~ive Governme.nt of any Province Provincial Govern- otherwise directs with respect te that Province, the Seats of Giovern- m~nts. ment of the Provinces shah b~ as follows, namely,---of Ontario, the City of Toronto ; of Quebec, the City of Quebec; of Nova Scotia, the City of ~al~fax; and of Nbw ~runswiak, the City of Fredericton.

JSegislative _Power. 1.’ONTARIO. Legislature 69. There shah be a Legislat-are for Ontario consisting of the for On ratio, Lieutenant G~vernor a~d of One House, styled th~ Legislative_ Assembly of. Ontario.

Electoral 70.. The Legislative Assembly of Ontario shall be composed of Districts. ~Eighty-two ]YIembers, ~o be elected ~o represent the ~igh~-~wo ~lect~ra]: Distri~t~ set forth in the ]~-~rst Schedul~ t~ this Act.

2.-- Q Legislature 71. There shall be a Legislature for Quebec consisting of the for Quebec. Lieutenant Govern.or and of Two Houses, styled the Legislative ¯ Council of Quebec and the Legislative Assembly of Quebec.

Constitution ¯ 72. The Legislative Council ofQuebee shall be composed of of Legisla- tive Council. Twenty~fou.r ]~embers, te be appointed by the Lieutenant Governor, in the Queen’s Name, by Instrument under the Great Seal of Quebe¢: one being appointed ~o represent each of th~ Twenty-four ~Electeral Divisions of Sower Canada in this Act referred to, and each holding Office for the Term of his Life, unless the Legisla~ttre of Quebec otherwise provides under the Provisions of t~his Act.

Qualitlc~tion 73. The. Quali~’mations of the Legislative Councillors of Quebec of Legisla- tive Coun- sh~ll be the same as those of the Senators for Quebec. cillors, Resignation, 74. The Place of a Legislative Councillor of Quebec shall become Disqualhi- cation, &c. vacant in the Cases, mutati~ mutandi~, in. which the Place of Senator becomes vacant.

Vacancies. 75: Whena Vacancy happens in the Legislative .Council of Quebec by Resignation, Death, or otherwise, the Lieutenant Gover- nor, in the Queen’s ~ame,.by Instrument under the Great Seal of Quebec, shall ~ppoint a fit and qualified Person to fill the Yacancy. 76. If - 53 -

30° VICTORI_ E,-Cal .3. .23 , British North A~nerica.

76. If any Question arises respecting the Qualificatioh ofa questions a, Legislative Councillor of Quebec, or a Vacancy in .the Legislative ~o Vacancies, &c. C0lmcil of Quebec, the same shall be heard and de~ermined by the Legislative Council

77. The Lieutenant Governor may from Tim~ to Time, by I~stru- Speaker or Legislative merit under the Great Seal of Quebec, appoint a Member of the Council. LegislatiVe Council of Quebec to be SpeWer thereof, and may remove h~m and appoint another in his S~ead.

78. Un6_l the Legislat~re~, of Quebec otherwise prevides) the Pre- quorum of sence of at least Ten ~Iembers of the Iegislative Council, including Legislative Council. the Speaker, shall be necessary ~o constitute a ~[eeting for the Exercise of its Powers.

79. Questions arising in. the Legislative Council of Quebec shah Voting in ’ Legislativa be decided by a l~jori~y of Voices, and the Speaker shall in all Council. Cases have a Vote; and when the Voices are equal the I)eglsion shall be deemed to be in the 1Vega~ive.

80. The Legislative Assembly of Quebec shall be"composed’ of Constitution ot’Legislatlve Sixty-five ]~embers, ~o be elected to represent:the Sixty-five ]~lec~oral Assembly of :Divisions or Districts of Zower Canada in this ~ct referred ~x), Quebec. subject to Alfemtlon thereof by the Legislature of Quebec : vided that it shall not be lawful to 1)resent to the Lie,utenant Governor of Quebec for ~ssent any Bill for altering the Limits of any of the ]~lectoral :Divisions or :Districts mentioned ~ the.Second Schedule to this Act, unless the Second and Third Readings of such Bill have been passed ih the Legislative Assembly wlth the Concurrence of the ]Ylajori~ of the ]~embers representing all those Electoral :Divisions or :Districts, and the Assent shall not be given to such Bill unless an ~ddress has been presented’by the Legislative Assembly to the Lieutenant Governor stating .that it has been so passed.

81. The Legislatures of Ontario and Quebec respectively shah be First Session called together not later than Six ~onths after the Union- of Legisla- ’ tures. ’

82. The Lieutenant Governor of Ontario and of Quebec shall ~ummonlng fi’om Time ~o Time, in the Queen’s ’Name, by Instaxunent under o£Legisla- ~ ¯ tire the sem~lies. - 54 -

24 30" VICTORI E, Cap.&

British North America.

the Great Seal of the Pro.vince, summon and call reveler the I~egisla~ive Assembly of the Province.

83. Until the Legislature o£ Ontario or of QueSee otherwise pro. on Election rides, a Person accepting or holding in Ontario or in Quebec any of Holders of Offices, Office, Commission, or :Employment, permanent or temporary, at the Nomination of the Lieutenant Governor, ~o which an annual Salary, or any :Fee, Allowance, ]~molument, or Profit of any Kind or Amount whatever from the Province is attached, shah not be eligible as a ]Ylember of the Legislative Assembly of ~he respective Province, nor shall he sit or vote as such; but nothing in this. Section shall make ineligible any Person being a ~[embe~ of. the ]~xecutive Council of the respective Province, or holding any of the following Offices, that is to say, the Offices of Attorney General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown :Lands, and Commissioner of Agriculture and Publi5 Works, and in QueSee Solicitor General, or shall dis- qualify him to sit or vote in the House for which he is elected, provided he is elected while holding such Office.

Continuance ~]4. Until the .Legislah~res. of Ontario and Quebec respectively of existi, g othe~se p~o~de, aH ~ws w~ch at the Union are in Election those Prorates respectively, relative to the fo~ow~g ~a~em, or ~ny of them, n~eiy,~.the Q~ca~ons ~d.Disqu~fica~ons of Persons ~o be elec~M or to sit ~o~ vo~e ~s ~embers of the ~ssembly of ~ada, the ~ua~fi~ions or Disqu~ca6ons Yo~em, ~he Oaths ~o be ~ken by Voters, ~he Re~um~ng O~ce~, their Powers ~d Duties, the Proee~gs a~ Elections, the Pe~ods d~ing which such ~lec~ons may be con~u~, ~d the ~al of con~ove~ ~lections and the Pr?cee~gs ~ciden~ ~here~o, the v~a~g of ~he S~ of ~embers ~d the iss~g and execution of new W~ts ~ case of Sea~ vacated o~her~se th~ by Dissolution, ~shafi respe~ively apply ~o ~lectio~ of ~emgem go sere ~ ,the resp~five Le~slafive Assembli~ of Ont~ and Quebec. ~vided ~ha~, ~ti] tim Le~slag~e of Ontario oghe~e pro~es, at any ~lection for a Member of ghe Le~s~a~ive Ass~bly of Ontario for the Di~c~ of Alg~a, ~ ad~gion to Pemons quaked by Se ~w of the Pro~ce of ff~ada to vole, every ~ale Subject, ag~ ~enty.one Y~m or upwards, being a Ho~eholder, sh~ ~ve a Vote.

Duration 6f 85. ]~very Legislative Assembly of Ontario and every Legislative Legislative Assembly of Quebec shall continue for :Four Years from the :Day of Assemblies. the Return of the Writs for choosing the same (subject nevertheless to either the Legislative Assembly of ’Ontario or the Legislative Assembly - 55 -

.30" VICTORIiE, Cap.3. 25

J~r~tish 2gorth America.

Assembly of Quebec being .sooner dlssolved the Lieutenant Governor of the Province), and no longer.

86. There st~ll be a Session of the Legislature of Ontario and Yoari~ S~-

lYionths shall not intervene between the last Sitting of the Legisla. h~re in each Province in one Session and i~s first Sitting in ~he next Session.

87. The following Provisions of this Act respect~iug the House of Commons of Canada shall ex~end and apply ~o the Legislatlve quorum, Assemblies of Ontario an4 Quebec, that is to. say,--the Provisions relating to the ]~Iec~ion of a Speaker origi~lly and on 3~acancies, ~he Duties of the. Speaker, the Absence of the Speaker~ the Quorum, and the Mode of voting, as ff those l~rovisious were hem re-enacted and made applicable in Terms to each such Legislative Assembly,

88. The Constitution of the Legislahlre of each .of the Provinces Constlt~- of _Nova ~cotia and _New .Brun,w~ick shall, subject to .the Provisions tloa~ of Legislatures of ~his ~Act, continue as ifexists at the Union until altered under o~ l%vs ~he Authority of this Act; and the House of Assembly of -~ew Scotlama New Bruns- ~run~wick exisffng at. the passing of this Ac~ shall; unless sooaer ~ick. ~ ’ dissolved~ continue for the Period for whictt i was elected.

.89. ~ach of the Lieutenant Governors of Ontario, Quebec, and Firs* Elec- _Nova 5~eotia shall cause Wri~s to be issued for the ~irst ~lectzion of tions, ~embers of ~he Legislative Assembly thereof in such ~orm and by such Person as he th~n~s fit, and at such Thne and addressed to such Returning Officer as the Governor Genera~ directs, and so that the ~izst ~lection of ~Iember of Assembly for any ~lectoraI ])is- trier or any ~ubdivision thereof shalI be held at the flame Time and at the same Places as the ~Election for ~ ~Iember to serve in the House of Commons of Canada for that ~lectoml District.

90’. The following JProvisions of this Act respecting the Parlla. Application merit of ~anada, namely,--the Provisions relating to Appropriation to I~gisl~- tures of and Tax Bills, the Recommendation of ~[oney Votes, thd Assent to Provisions Bills, the Disallowance of Acts, a~d the Signification of ~leasure on MoneyVotes.respecting ~ills rese~ed,--shall extend an~ apply to the Legislatures of the ae~ G several - 56 -

26 30° VICTORIa, Cap.&

.British 2Vorth A merica. ’

,several Pr.ovinc.es as ff those Provisions were here re-~en~cted and made applicable’ in Terms te the respective Provinces .and ,th9 Legislatures thereof, with the Substitution of the Lieutenant; Governor of the Province for the Governor General,’of the. Governor General for ~he Queen and for a Secretary o~ state):of ,On~ Yea~ for Two Years, and of the Province for ~anada.

~e~.~ive 91. It shad be lawful for *he Queen, by and with the AdVice and.

ParllamentAuth°rltyof .wonsenr’~" .of the Senate and Hous6 of Commons, tO m.ak.e’, Laws for of Canada. the Peace, Order, and good , :inrelation to . all 2~[atters . not coming within, the Classes. of ’: Subject~ by this Act. assigned exclusively ~o the Legislatureo o.f ~he. Pr0r vinces; and for greater CerLainty, but not so as to restrict the Generality of the foregoing. Terms of this Section, it is hereby ~leclared that (notwithstanding anything in this"Ac0 the exclusive ,Legislative Authority of the Parliament of ~anada extends. ~o lall Matters coming, within the Classes of. Subjec~ next herein.aftor enumerated ; that is tosay,-- 1; The Public Dcht .and Property. 2. The Regulation of Trade and Commerce. S. The" raising of Money by any Mode or System of Taxation. &. The borrowing of Money on the Public Credit. 5. Postal .Service. 6. The Census. and Statistics. 7.’. Mih’tia, Military and :Naval Service, and Defenc.e. 8. The fixing of and ]~ro~iding for the ,Salaries and Allowances of Civil and other Oitlcers’ of the Governmen~ ~f Canada. Beacons, Buoys, Lighthouses, and ~aSle Jdand. 10. NavigaLion ~,nd Shipping. 11. Quarantine and the :Es~abllshment and Maintenance 0fMar~ffe Hospitals. Sea Coast and Inland :Fisheries. :Ferries between a Province and any Br~tlah" o~’’~Forelgn Country or between Two Provinces. 1~. ¯ Currency and Coinage. 15. Banking,. Incorporation of Banks, and the Issue. of ,Paper Money. 16. Savings Banks. 17. Weights and Measures. 18. Bills Of :Exchange and Pl~)missory :Notes. 19. InteresL - 57 -

30° V1CTORI. E, Cap.3.

~ritish ~orth America.

19. Interest. 20. Legal Tender. 21. Bankruptcy and Insolvency. 22. Patents of Invention and Discovery. 23. Copyzights. 2~ Indian~, and Lands reserved for the Indian#. 25. Naturalization and Aliens. 26.- ~l~arriage and Divorce. 27. The Crlmlual L.aw, except the Constitution" ~i~ Coln4s. of Criminal. Jurisdiction, but ineluding the Procedure in

28. The Establishment, ~/~aintenance, and ~anagement of’Peni- tentiaries. ’ ’ 29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act .assigned " e~lusively to the Legislatures of the Provinces. ’ " And any ~at~er coming within any of .the Classes of enumerated in this Section shall not be deemed ~. come within the Class of ~a~ers ofa local or private Nah~re comprised in ~he ~numeratlon of ~he Classes of Subjects by this ACt assigned exclusively to the Legislatures of the Provinces.

92. ~n each Province the Legislature may exeluslvely make Laws in relation to ~Y£attcrs coming within the Classes of Subjects exclusiveProvinclal next herein-after enumerated ; that is to say,~ Legislation, 1. The Amendment from Time to Time, notwithstanding any. thing in this Act; of the Constitution, of the ~Province, except as regards the Ot~ce of Lieutenant Governor. 2. Direct Taxation.~vithin the Province in order to the raising of a Revenue for Provincial Purposes. 3. The borrowing of.~[oneY on the sole Credit 0fthe Province. ~. The Establishment and Tenure of Provinelal Offices andthe ¯ Appointment and Payment of Provincial Officers. 5. The ~anagement ’rod Sale of the Public Lands ’belonging to the Province. and of the Timb.er and Wood ~hereon.. 6. The ]~s~ah]Jshmen~, ~a~n~enance, and ]Y~anagemen¢ of Public and Reformatory 1)risons in and for the Provincel 7. The Establishment, ]~Iaintenance, and Management of Hos- pitals,’ Asylums, Charities, and Eleem0synary Institutions in and for the Province, other than ~arine Hospitals. 8. 1~unieipal Institutions in the Province. 9. Shop, Saloon, Tavern, Auctioneer, and Other Lieences [k order to the raising of a Revenue for Provincial, Local, or ~unieipal Pm~pos?s. 10, Local - 58 -

28 30° VICTORI. E, Cap.3.

British North America.

10. Local Works and Under~aldngs oilier than such as are of the following Classes :-- a. Lines of Steam Or other Ships, Railways, Canals, Telegraphs, and other Works and Under~ings connecting ~he Province with any other or others of the Provinces, or extending beyond the Limits Of the Province : 5. Lines of Steam Ships between the Province and any ~Britlsh or ]~oreign Country : c. Such Works as, although wholly’situate within the Province, are before or after their ]~xecution declared by the Parliament of Canada to be for the general Advantage of Canada or for the AdvanCe of Two or more of the Provinces. 11. The Incorpom~on of Companies with ’Provincial Objects. 12. The Solemmzatmn of Marriage in the Province. 13. Proper~ and Civil Rights in the Province. 14: The Administration of Justice in the. Province, including the Constitution, ~[aintenance, and Organization of Pro- vincial Courts, both of Civil and of Criminal Jurisdiction~ and including Proceduro in Civil ]~[atters in those Courts. 15. The Imposition of Punishment by ~ine, Penal~, or Emprison. ment for enforcing.any Law of the Province made in rela- tion to any ]~at~er coming Wifi~in any of ~he Classes of . Subjects enumerated in this Section. 16. Generally all Matters of a merely local or private Nature in the Province.

Leg|slat~on :93. In .and for each Province the Leglslatm.e may exclusively make Laws in relation to ]~duca~ion, subject anti according to the following Provisions :-- (1.) Nothing in any such :Law shall prejudicially ai~ect any Right or l~rivilege with respeet to Denora~ational Schuols .which any class of Persons have by Law in the Province at the Union i (2.) All the Powers, Privileges, and Duti~s.a~ the Union by Law conferred and impbsedin UTper Cauada on the Separate Schools and School Trustees of the Queen’s’Roman ~Catholic Subjects shall bo and ~he same axe hereby ex~e~ded to the Dissentient Schools of the Queed’s Pro- ~est,~nt and Roman Catholic S.ubjects in Que6e~ : - 59 -

30° VICTORI E, Cap.3. 29 ~British _Yorth A ~ica.

(3.) Where in any Province a System of Separate or Dissentient; Sch5ols exists by Law at ~he Union or is thereafter established by the Legislah~re of the Province, an Appea~l .. shall lie ~o the Governor General in Council from an~ A~ or Decision of any Provincial Authority affecting, any I~ight or Privilege of the Protestant or Roman Catholic ~inorlty of the Queen’s Subjects in relation te ]~du~a~ion : (4.) ~_u case any such Pro~inclal Law as from Time te Time seems to ~he Governor General in Council requisite for the due Execution of the Provisions of this Section is no~ made, or in case any Decision (if the Governor General in Council on any ’Appeal under th~s Section is not duly executed by the proper Provincial _~uthority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case requh’e, the Parliament of Canada may make remedial ~ws for the due ~xecution of the Provisions of ~his Section aud of any Decision of the Governor General in Council under this Section,

Uniformity of Zaws ~ Ontario, ~ova Scotia, and ~ew .Brunswick.

94. l~otwiths~andlng anything in this Act, the Parliament of Legislation for Uni- Canada may make Provision for the Uniformity of all or any of formlty o~ the Laws relative to Propex4y and Civil Rights in Ontario, Laws in Three ~?cotia, and ~ew ~runswicb, and of the Procedure of all or any of Provinces. the Courts in those Three Provinces, and from and after the passing of any Act in that Behaff the Power of the Parliament 6f Canada to make Laws in relation to any ~atter comprised in any such Act shall, notwiths~nding an~h~ng in this Act; be unresh’icted ; but any Act of the Parliament of Camada making Provision for such Uniformlt~ shall not have effect in any Province unless and until it is adopted and enacted as Lair by the Legisla0n’e thereof.

Agriculture and Imm~gratiTa.

95. In each Province the Legis!ah~re may make Laws in relatlon Concurrent Powers of to Agriculture in the Province, ’ and to Immigration into the Pro- Legislation vince ; and it is hereby declared that the Parliament of Canada may respecting from Time to. Time make Laws in relation to Agricul~ure in all or Agriculture, any of the Provinces, and tO Immigration into all or any of the Province~ ; and any Law of the Leglslat~ure of a Province relative to Agriculture or to I~mmlgration’ shall have effect in a)ad for the P~vince as long and as far only as,it is not repugnant to any Act of th~ Parliament of Oanada. - 60 - 3O ° VICTORI,ZE, Cap.3. ¯ British 2Vortl~ America.

Appointment 96. The Crovernor General shall appoint the Judges of the of Judges. Superior, District, and County Courts in each Province, except those of the Courts of Probate. in. Nova Scotia and New :Bruztswic k.

Selection of 97..Until .the Laws relaVive to Property~ and. Civil Rights in Judges in Ontario, Nova Scotia, and New .Brunswick, and the Procedure of the Ontario, &c, Courts in those Provinces, are made uniform, the Judges of the Courts of those Provinces appointed by the. Governor. General shall be selected from the respective Bars of those Provinces.

Selection 98. The Judges of the.Courts of Quebec shall be selecfed from Judges in the Bar of that Province. Quebec.

Tenure of 99~ The Judges of the Superior Courts shall hold Office during Office of good Behaviour, but shall be removable by the Governor General Judges of Superior on Address of the Senate a~d House of Commons,- . Courts.

Salarles~ &c. 100. The Salaries, Allowances, and Pensions¯ of the Judges of.the of Judges. Superibr, District, and County Courts (except the Courts of Probate in.2Vova Saotia and _~Yew,Brwaswivk), and of the Aam~ralty Courts in Cases where the Judges flmreof are for the Time being paid by Salary, shall be fixed and provided by the Parliament of Canada.

¯ General 101..The Parliament of Canada may, .notwithstanding anything Court of in this Act, from Time to Time provide for the Constitution, ~l:ain. Appeal, &c. tenance, and Organizat2on of a General Court of Appeal for Canada, and for the Establishment of a~iy additional Courts for the. better Administration of the Laws of Canada.

VIII.--R~VEl~V~s; DEBTs; ASSETS; TAXA.TI01%

Creation of 102. All Duties and Revenues over which the respective Legis- Cm~solidated latures of Canada, Nova Scotia, and New -Brunswick before and at’ Revenue Fund. the U~nion had. ~nd have Power of Appr?p~iatlon, except such Por4ions thereof as are by this A, ct reserved f~the respective Legislat-ar~s of the Provinces, or are raised by them in accordance with the special Powers conferred on them by this Act, shall form One ConsOlidated Revenue ~und, to be appropriated for the Public Service of Canada in the ~Ianner and subject ~o the Charges in this Act provided.

Expenses of 103. The Consolidated Revenue Fund. of Canada shall be per- Collection, manently charged with the Costs, Charges, and F, xpenses incident &c. to ~he Collection~ 2¢Ianagement, and Receipt thereof~ and the same shall - 61 - 30° VIC’rORI , Cap.3. 31 British North America. shall form the :First Charge thereon, subject to be reviewed and audited in such ~Y[anner a~ sliall be ordered by the Governor General in Council until the :Parliament otherwise provides.

104. The annual Interest of the Public Debts of the several Interes~ o~ ~royinces of Canada, _N’ow$ ~otia, and New ~r~s,loi¢~ at ’.~ho Provincial Public Union shall form the Second Charge on the Consolidated Revenue Debts. ~_nd of Canada.

105. Unless altered by the Parliament of Canada, the Salary Salary of Of the Governor General shall be Ten thousand Pounds Sterling ’Governor’ General. " )][oney of the United Kingdom of Great Britain and. freland, ..... payable out of the Consolidated l~ev~nue Fund of Canada, and the same shall form the TMrd Charge thereon.

106. Subject to the several Payments by this Act charged .on the Appr0prih- Consolidated ~.evenue F~d of C~a, ~he same shah be appro, tlen from. p~ated by ~he ~amen~ of ~a~ .for the Pubic Se~ce.. " Time.

107. All Stocks, C~h’ Banker’s Balances, and Securities for T~ansfer o£ ~oney belonging to each Province at the Time of the Union, Stocks, ~; except as in this Act mentioned, shall be the :Property of Canada, and shall be taken in Reduction of the Amotmt of the respective Debts of the Provinces at the Union.

108. The Public Works and Property of e~h Province, enu: Transfer of merated in the Thh-d Schedtde to ~his Ac~, shall be the Property of Property in Schedule. Canada ....

109. All Lands, Mines, Minerals, and Royalties belonging to .the, Proper~y in. several Provinces of Canada, Nova ~qcotia, and New ~runswic~ at Lands, Mines, ~he Union, and all Sums then due or payable for ~ueh Lands, :Minerals, or Roya.l.~ies, shall belong to the. sev.eral Provinces of Ontario, Quebec, Nova ,%vtia, and New .Brunswick in which the ~ame ’are situate or arise: subject to any T~usts existing in. respect thereof, and to ~ny Interest o~her ~han Chat of the Pr~)vince in the same..

11.0. All Assets connected with such ~Portions of the Public Debt Assets con- of each Province as are assumed by that Province¯ shall belong f~ nected with " " Provincial that Province. Debt.

111. ¯Canada shall be liable for the Debts and Liabilities of each Canada to , be ~iable to, Province existing at the Union. Pro~4ncia] 119.. Ontario Debts. - 62 -

32 30° VICTORI E, Cap. 3. B,~tish North America.

Debt~ of 112. Ontario and Quebec conjointly shall be liable to Canada for Ontario and the Amount (ff any). by which the Debt of the Province of Canada Quebec. exceeds at tho Union Six~-t~vo ~illion five hundred thousand Dollars, and shall be charge.d with Interest at the Rate of Five ~er Centum pe~ ~danum thereon.

Asset~’ of ¯ 113. ’The Assets enumerated in the Fourth Schedule to this Act Ontario and belonging .at the Union to the Province of Ua~ada shall be the Quebec, ¯ Property of Ontario and Quebeo conjointly.

Deb~ or 114. 37"ava ~?Ootia shall be liable to Uanada for the Amount (ff Nova Seotla. any) by which its Public Debt exceeds at the Union Eight million Dollars, and shall be charged with Interest at the Rate of Five see Centum per Annum thereon.

115. Arew J?run~wiak shall be liable to Uanada for ~e hmo~t (ff ~y) by w~ch i~ Pubic Debt exce~s at the U~on Seven ~on Do~s, aud sha~ be ch~g~ ~th Inte~sl a~ the ~ of Five ~ ~ent~ ~er ~ thereon..

Payment of 116. In case the Public Debts of Nova ,Y~otla and .New.Brur~wi~l~ Interest to Nova Scotia do not at the Union amount to ~Aghtmilllon and Seven million and New Dollars respectively, they shall respectively receive by half-yearly Brunswick. Fayments in advance from the Government of Canada Interest at Five per ~enlum. per Annum on the Difference between the actual A’rnou.uts of’ their respective Debts and such stipulated ~hmounts.

Provincial 117. ~he several Provinces shall retain all their respective Public Public Pre- Property not otherwise disposed of in this Act, subject te the Right r~rty. of Canada to assume any Lauds or Public Property required fo~ Fortifications or for the Defence of the Country.

Grants to I18. ~he following Sums shall be paid yearly by Ua~ada to the Provinces. several Provinces for the Support of their Governments and T~eglslah~res :

Ontario - - ~ighty thousan& Quebec - . - Seventy *Jnousand. 2Vova ~cotia - . .... Sixty thousand. New .Brunswick -. ~ . o ~-~fLT ~hOusand.

Two hundred and sixty thousand; ¯ and an annual Grant in aid of each Province shall be made; equal to :Eighty Cen~ per Head of the 1)opniation as ascertained by the Census - 63 -

30° V1CTORI_/E, Cap.3. 33

Census of One:thousand eight hundred and six~-one, and’in the Case of 2Vova Scotia and ~Yew ~run*wiek, by each subsequent De- cennial Census ~mtil the Population of each 6f those Two :provinces amounts to :Fore" hundred thousand SOuls, at which .l~te such Grant shall thereafter remain. Such Grants shall be in full Settle- merit of all future. Demands on Canada, and sl~al] be paid haft- yearly in advance to each 1)rovince; but the Government of Ca~mda shall deduct from such Grants, as against any l~rovince, all Sulns chargeable as Interest on the 1)ublic Debt of that Province in excess of the several Aauounts slipulated in this Act.

119. -~e~o ]),.u~dek shall reeelve by haff-yem’ly 2ayments in ~rch~ advance from Canada for ’~he I~eriod of Ten Years from tim Union first ~o ~ew Bruns- an ~dditional Allowance of Sixt~y.three ~housand Doll~rsper ~t~nu.m; wick. but as long as the 2ublic Debt of that ~rovince remains under Seven million Dollars, a Deduction equal to the Interest at ~ive loer Centum _per ~lnnum on such Deficiency shall be made from ~hat Allowance of Sixty-three thousand Dollars.

120. &ll Payments to be made under this _h_ct, or in discharge Form o~ of Liabiiiffes created under any Act of the Provinces of Ca~ada, 2Vova Scotia, and ~¥ew ~runswick respectively, and aSsilmed by Canada, shall, until the Parliament of &anada othe~wise directs, be made in such Form and ~/Ianner as may from Time ~o Time be . ordered by the Governor General in Council.

121. All Articles of the Growth, :Produce, or Manufacture of any Canadian one of the I~rovinces shall, from and after the Union, be admitted ~tanufac- free into each of the other :Provinces. tures,

122. The Customs and :Excise Laws of each 1)rovince‘ shall, Continuance’ subject te the l~rovislons of this Act, onLinue in force until altered of Customs, and Exci~o by the Parliament of Canada. Laws.

123. Where Customs Duties are, at the Union, leviable on any Exportation GOODS, Wares, or ~V[erchandises in ~,,~ny Two 1)rovinces, those ~nd Impor- tation ~ Goods, W~es, ~d ~erc~n~ses may, ~m and ~or the ~nion, betweeaTwo be ~po~ ~om one of those Prov~c~ ~to the other of them on Provinces. ~roof of Fa~en~ of the CusM~ Duty leviab~e themon’~ the ~rov~ce of Expo~ti0n, ~nd on Fa~t of such f~ther Amo~t (ff ~ny) of Customs Dut# ~s is leviable ther~n ~ ~he Prance of Impor~tion.

124. :Nothing in this &ct shall affect, the Right of 2Yew .Bruns. LumberDue~ wick M le~ the L~ber Du~ prodded in Chapter ~een of Title in Now I Brunswick. - 64 -

34 , 30° VICTORI2E, Cap.3., British North America.

Three of the Revised S~atax~es of New Brunswick, or in any amending that Act before or after theUnion, and. not iacreasingl the Amount .of such Dues ; but the Lumber of any of the Provinces other than. New Brunswick shall no~ be subject to such Dues.

Exemption 125. No :Lands or Proper~ belonging to Canada or any Province of Public Lands~ &c. shall be liable¯ to Taxation.

Provin~ 126. Such Portions of the Duties and Revenues over. which the Consolidated respective Legislatures of Canada, Nova Scotia, and New Brunswic~ Revenue Fund. had before the Union Power of Ap~roprlation’as are by this Act .rese~red to the respective Governments or Legislatures of the Pro- vinces, and all Duties and. Revenues raised by them in accordance .with the special Powers confen’ed upon. them by this Act, shall in each P~ovince form One ConsoLidated Revenue Fund: to be appro: .priated for the PubLic Service of the Province.

As to 127. If any Person being at the passing of this Act a l~embe,r ouneillors of the Legisla~ve Council of Canada~ Nova Scotia, or New Bru~- of Provinces wick, to whom a Place in the Senateis offered, does not within becoming Thh~y Days thereafter, by Writing under his Hand .addressed ~0. Senators. the Governor General of the Province of Canada .or ~o the Lieu- tenant Governor of Nova Scotia or New Brunswick (as the Cas~ may be), accept the ~me, he schall be deemed ~ have declined the same; and any Person who, being .at the passing 0f this Ac~ a ~ember of !the Legislative Council 6f Nova Scotia or New Bruns- wiek, accepts a Place in the S~nate, shall thereby vacate his Sea~ in such Le~slative Council.

128. Every l~Iember of the Senate or House of Common~s of ¢anada shall before taking his Seat therein take and subscribe before the Governor Gener d or some Person authorized by’hlm, and ,every ¯ l~ember of a L~glslative Council or Legislative Assembl~. of any ’Provlhce .shall before ~aklng his Seat therein ta~e and, subscribe before the Lieutenant Governorof the Province or some Person authorized by him, the Oath of Allegiance contained in the Fifth Schedule ~o this Act; and every ~Iember of the and event ~ember of the Legislative Council of Quebec shall also, before taking his Seat therein, take and subscribe before the Go.vernor General, or some Person authorized by him, the" Declaration Of Qualification contained in the same. Schedule.

129. ] xcep - 65 -

30°"VICTORI, E, Cap.3. 35 Brigish North America.

129. :Except as otherwise provided by ~his Act, all Laws in force Continuance of existing in Canada, Nova Scotia~ or New ,Brunswick. at the Union, and all Laws, Courts of Civil and Cl’~ralnal Jm’isdiction, and all legal Gomm;s. Courts, cers, sions, :Powers, and Authorit,ies, and all Officers,, 5udlcial, AdrMnls- tra~ive, and Ministerial, existing therein a~ the Union, shall continue in Ontario, Qaebec, Nova ,.qcotia, and New ~Brunswick respective!y, as ff the Union had not been mode; subject nevertheless (except with respect to such as are enacted by or exis¢ under Ac~s of the :Parliamen~ of Great _Brita.~a or of the :Parliament of the United Kingdom of Great J~ritain and _Treland,) to be repealed-, abolished, or altered by the :parliame~tt of Ca~sada, or by the Legislature of the respective 1)rovince, according to the Authority of the l~arlia- ment or of that Legislatm~ under this Act.

130. Until the :parliament of Canada otherwise provides, all Transfer of. Ot]~cers to Officers of the several P~)vinces having Du~i.es to discharge, iu Canad~ relation to ~atters other th~n those coming within the Classes of Subjects by ~his Act assi~ued exclusively to the I~egisla~ures of the Provinces shall be .Officers of Canada, and shall .continue ,to discharge the :Duties of their respective Offices under .the’ same Liabilities, Responsibilities, and :penalties as if the Union had not been made.

’131. Until the :Parliament of Canada otherwise provides, the Appo~;tment of new Governor General ia Council may from Time to Time ~ppoint such Oflleers. Officers as the Governor General in Council deems necessary or proper for the effectual Execution of this Act.

132. The Parlian~ent ~nd Government of Ca~ada shall.h~ve all. ~’eaty Obli- ~owers necessary or proper for performing the Obligations of Canada gation~. or of m~y :province thereof, as :part’of the British :Empire, ~owards. Foreign Countries, arish~g ~mder Treaties betwe, en ~he :Empire and such Foreign Com~tries.

, 133. :Either the ffmglis] or the 2’reneh Language may be used u~e.of: ¯ by uny :person. in the Debates of the Houses of the t’arliament of FrenchEnglish Lan-and Canada and of the Houses of the Legislature of Quebec; and both guages. those Lungua~es ~shall be used in the respecLive ~eeords and 5ournals of those’ Houses ; ~nd either of those :Lang~mges may be used by any l~erson or in any :Pleading or :Process in o~ issuing from any Coua~ of Cauada established under th~s Act, and in or fl’om all Or any of the Cou~4s of Quebe. The Acts of the Parliament of Ca/nada and of the Leglslat~re of Quebec shall be prin~ed and published i~ both those L~nguages.

Ontario - 66 -

36 30° VICTORI E, Cap.3. 13ritish l¥orth A merlca.

Ontario and Quebec. Appointment 134. Until the Legislature of Ontario or of Que3ee otherwise of E~ecutive Ofllcer~ for provides, the Lieutenant Governors of Ontario and Quebec may Ontario and each appoint ~mdel" the Great Seal of the Province the following QueUe. Officers, to hold Office dm~ing Pleasm’e, that is to say,--.the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Com- missioner of Agriculture and Public Works, and in ~he Case of Quebec the Solicitor General, and may, by Order of the Lieutenan~ Governor in Council, from Time to Time prescribe the :Duties of th~se Officer’s, and of the several Departments over which they shah preside or to which they shall belong, and of the Officers and Clerks ~hcreof, and my also appoln~ other and additional Officers to hold Office during :Pleasure, and .may from Time to Time prescribe the Duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks tl~ereof.

135. Ungl ~ho Legislature of Ontario or Que~ea o~herwise :Duties, of Executive provides, all Rights, Powers, Du~i.es, :~unctions, Responsibilities, Officers. or Authorities at the passing of this Act vested in or imposed on the Attorney General, Solicitor General, Secretary and Registrar of the Pr.ovinceof Canada, :[~Iinister of ~inance, Commissioner of Crown :Lands, Commissioner of Public Works, and ]YHnls~er of Agri’- culture and Receiver General, by any Law, Statute, or 0rdin~’mee of Upper Canada, ~ower Canada, or Canada, and not repugnant ~o this Act, shall be vested in or imposed on any Officer to be appointed by the Lieu~enan~ Governor for the Dischargeof ~he same or any of them ; and the Commissioner of Agriculture and Public Works shah perform the :Duties and lVunc~ions of the O~ce of ]~inis~er of Agriculture ~t the passing of this Act imposed by the Law of the Province of Canada, as well as those of the Commissioner of Public Works.

Great Seals. 136. Until altered by ~he Lieu~enan~ Governor in Council, the Great Seals of Ontario and Quebec respectively shall be the same, or of the same Desi~om, as those used in the Provinces of Upper Canada and Zpwer Canada respectively before their Union as the Province of Ca/nada.

Co~,o,io, 137. The Words "and from thence to the :End of the then. ef ~mp~rary , next ensuing Session of the Legisiature," or ~rords to the same Act~. :Effect, used in any’temporary Act of the Province of Cana~la no~ expired before the Union, shall be construed to extend and apply to the next ~ession of the l~arli~menl of Canada if the Subject Matter of - 67 -

30o VICTORIa, Cap:3: 37

Briti~.h .~Vorth America. of the Act is within the Powers of the same as defined by this Act’ or ~o the nex~ Sessions of the Legislah~res of Ontario and Quebec respectively ff the Subject ]~a~er ofthe Act is within the Powers of the same as defined by this Act..

138. ~rom and after the Union. the Use of the Words " Uppe~ AS ~o Canada" instead of " O~ztar~," or "Zowe~" Canada" ~stead of Errom {n N~es. " Quebec," ~ any Deed, ~ri~, Process, Ple~g, Doc~ent, ~a~r, or T~g,. sh~ not ~va~da~ the same.

139. Any Proclamation under the Great Seal of the Province of As to Issue of Proclama- Ca;zada issued before the Union to ~ake effect at a Time which is ti~ns before subsequent to the Union, whether relating to that Province: or Union, ~o to Upper Cxaada, or to Zower Canada, and the several ~[atters and commence ai~r Union, Things therein proclaimed, shall be and continue of like Force and ]~ffect as ff the Union had not been made.

140. ~kny Proclamation which is authorized by any Act of the As to Issue of Preclama~ Legislature of the Province of Canada to be issued under the Great tions after Seal of the Province of Canada, whether relating to that Province, Union: or ~o Upper Canada, or to ~ower Canada, and which is not issued before the Union, may be issued by the Lieutenant Governor of Ontario or of Quebec, as its Subject ]~Iat~er requires, under the Great Seal thereof; and from and after the :Issue of such Proela~nation the same and the several :~[atters and Things therein proclaimed shali be and cont~uue of the like Force and ]~ffect in Ontario or Quebec as if the Union had not been made.

141. The Penitentiary of the Province of Canada shall, until the Penitentiary. Parliament of Canada otherwise provides, be and continue the Penitenti~ of Ontario and of Quebec. ~

142. The Division-anal Adjnshnent of the Deb~s~ Credits, Arbitration Liabilities,’ Properties, and Assets of Upper Canada and Jbower respecting Debts, Canada shall be refer:red t ) the Arbitrament of Three Arbitrators, One chosen by the Government of Ontario, One by the Govermnenb of Quebec, and One by the: Government of Canada; and the Selec. ~ion of the Arbi~raiors shall not be made un~il the Paxliamen~ of Canada and the L%o~islahn’es of Ontario and Quebec have met ; and the -&rbitra~or chosen by the Government of. Canada shah not be a’ Resident either in Ontario or in Quebec.

143. The Governor Genel~al in Council may ~)m Time ~o Time Didslon of order that such and so many of the Records~ Books~ ~nd Docu- Records, meats of the Province of Canada as he thinks fit shall be appropriated ¯ " K and - 68 -

° VICTORIa/E,. Cap.3.

~B~itish North America.

a~nd delivered either to Ontario or ~o Quebec~ and the same shall thenceforth be the Property of that Province ; and any Copy thereof or :Extract therefrom, duly certified by the Officer having charge of the Original thereof, shall be admitted as :Evidence,

Constitution 144. The Lieutenant Governor of Quebec may from Time to of Townships’ ’ " in Quebec. Time, by Proclamation under the Great Seal of the Province, to take effect from a Day to be appointed therein, constitute, Townships in those Par~s of the Province of Quebec in which Townships. are not then already constituted, and fix the ~Ietes and ’Bounds thereof.

X.NINTERCOLONTAL X:~AIZWAY.

Du~y of 145. Inasmuch as the Provinces of Canada, Nova Scotia, and Government and Parlia- ,2Vew Hrunswiek have joined in a Declaration that the Const~tc~ion ment of of the Intercolonial Railway is essential to the Consolidation of the Canada to make Rail- Union of _British Nort.h ~tmeri~a, and to the Assent thereto of 2V’ova way herein Scotia and New Hm~’wick, and have consequently agreed that tl.escribed. Provision should be made for its immediate Construction by the Government of Canada : Therefore, in order to give effect to that Agreement, it shall be the Duty of the Government and Parliament of Canada to provide for the Commencement, within Six months after the Unii)n, of a Railway connecting the River ~t. Zawrenee wif~h the Cit:y of J~alifax in 2Vova Scotia, and for the Construction thereof without Intermission, and the Comple/~ion thereof with all practicable Speed.

]~ow~r to’ 146. It shall be lawful for the Queen, by and with the Advice Of admit New~ ~[er ]~[ajesty’s Most Honourable Privy Council, on Addresses from foundland, &c. into the the Houses of the l~arliamen~, of Canada, and from the Houses of Union, the respective Legislatures of the Colonies or Provinces of 2Vew. ,foundland, t~rince ,Edward fsland, and Hritish. Columbia, to admit those Colonies or Provinces, or any of them, into the Union, and on Address from ~he ]~c ases of the Parliament of Ca/aada to admit. ~uTert’~ Zamd and ~he ~orth-western Territory, or either of thcln~ into the Union, on such Trains and Conditions in each Case as aa’e in the Addresses expressed and as the Queen thinks fit to approve, ~ubject to the Provisions of this Act; and the Provisions of any Order in Council in that Behaff shall have effect as if theyhad been enacted by the Parliament of the United Kingdom of Great .Britain and Ireland..

to 147. In case of the Admission of Newfoundland and .Pri/ave ae~se=ta- .Edward Ishind, or "either Of them, each shall be entltled to a tion of New- . foundland Represen- - 69 -

30° VICTORI- E, Cal) 3. ~British ~Vorth America.

.l~epresenta~ion in the Senate of Ca/aada of Four Members, and and Edward (notwithstanding anything in-this Ac~) in c~se of the Admission of Island in 2Vewfoundland the normal Number of Senators shall be Seventy-six. Senate. and their maximum ~Tu~aber shali be Eighty-two ; but .prince J~dward Island when admitted shall be deemed to be comprise.d in the third of the Thre~ Divisions into which Cana’da is, in relation to the Constitution 5f the Senate, divided by this Act, and accord- ingly, after the Admission of .Prince .Edward Island, whether New- foundland is admitted or. not, the Represen~tion of Nova Scotia and !Vew .Brunswick in the Senate. shall, as Vacancies occur, be reduced from TWhlve ~o Ten ~embers .respectively., aad the l~epre. sentation of eagh’ of those I)rovinces shall no~-be-incr~ased at any ¯ Time beyond Ten, except under the l~rovis~ons of this Act for the ..Appointxnent of Three or Six additional Senators under the ])irectyion of the Queen. - 70 -

4O 30 ° V I CTO RI 2E, Cap. 3..

t?ritish North America.

SCHEDULES.

~Eleetoral 2)i~triets of Ontario. A. [EXISTING ]~LEOTORAL DIVISIONS.

(~OUNTIES.

1. Prescott. 6. Carle~on. 2. Glengarry. 7. Prince EdWard. 3. S~ormont. 8. Halton. 4. Duudas. 9. Essex. 5. Russell.

RIDINGS OF (~OUNTIES.

10. North Riding of Lanark. 11. South Riding of Lanark. 12. North Riding of Leeds and North Riding of Grenvillo. 13. ’South Riding of Leeds. 14. South Riding of Grenville. 15. East Riding of Northumberland. 16. West Riding of Northumberland (excepting therefi’om, the Township of South ~onaghan). 17. East Riding of Durham. 18. West Riding of Durham. 19. North Riding of Ontario. 20. South Riding of 21. East Riding of York. 22. West Riding of Y~rk. 23. North Riding of York. 2~. North Riding of Wentworth. 25. South Riding. of Wentworth. ~6. East Riding of Elgi~ 27. Wes~ Riding of Elglu. 28. North Riding of Wa~rloo. 29. South Riding of Waterloo, 30. North Riding of Br~nt. ~1. South Riding of Brant. 32. North Riding of Oxford. ~3, South Riding of Oxfor& 34,. Ea,s~ Riding of Middlese~

CITIES~ - 71 -

30° VICTORI, E, Cap.3. 41

British 2Vorth America.

Crriss, PARTS OF CITIES, AND Tow~. s.

35. West Toronto. 86. E~ Toronto. 37. ~mil~on. 88; O~tawa. 39. Kin~n. 40. Londo~ ~1. Town of Br0c~vi~e, w~h ~be To~slfip of E~~ ~here~ a~che& 42. Town of Ni~m, ~th the Tow~hip of Ni~a thereto arched. 43. To~ of Corn~, with ~he T0~sMp of Com~M1 ~hem~o a~ched.

~. The Pmvlslonal Judicial District of

The County of Bauc]r, divided into Two Ridings, to be called respectively the North and South Ridings : -- 45. The North Riding of Bn~ce to consist of the Townships of Bury, Lindsay, Eastnor, Albemarle, Amabel, Arran, Bruce, ~Elderslle, and Langeen, and the Villags of Southampton. ’ 46. The South Riding of Bruce to consist of the Townships of Kincardlne (including the Village of Kincardine), Gr~enock, Brant, Huron, Kinross, Culross, and Caz~ic]~.

¯ The County of Huao~, divided into Two Ridings, to be called respectively the North and South Ridings:-- , 47. The North Riding to consist of the Townships of Ashfield~ Wawa- nosh, Turnberry, Howlck~ ]~orris, Grey, Colborne~ Hulle~t, lncluding ¥illage of Clinton, and ]~cK.illop. 48. The South Riding to ~oi~slst of the Town of Goder{eh and the Town. ships of Goderich, Tuckersmith, Stanley, Hay, Usbeme, and Stephen.

The ounty of ~I~)DLESEX, divided into Ridings, t~ be ’called,. respe~tlvely the North, West, and. East Ridings ¯ ~9. The North Riding to consist, of the Townships of M’cG~lllvray and Biddulph (taken from t.he County of Huron), and Williams. East, Williams West, Adelaide, and Lobo. 50. The West Riding to consist of the Townships of Delaware, Car- radoc, Metcalfe, ~[osa, and Ekfrid, and the Village of Stxathroy. [The East Riding to consist of the Townships now embraced ~herein, and be bounded as it is at present.] 51, The - 72 -

42 .50o V][CTORI2E, Cap.3. ¯ ~British North America.

51. The County of I~m~TON to consist of the Townships of Bosanquet, Warwick, Plympt~n, Sarnia~ Moore, Ennlskillen, and Brooke, and ’ the Town of Sarnla~ 52. The County of KENT tO consist of the Townships ofOh,atham, Dover~ East Tilbury, Romney, Raleigh, and H.ar.wich, and ~h,e. Town of Chatham. 53. The County of BOTHWELL to consist of the Townships of.so.mbra, Dawn, and Euphemla (taken from the County of Lambton), and the .Townships of Zone, Camden with the Gore .thereof,. 0rford, and Howard (taken from the County of Kent).

¯ The County of GREY, divided into Two Ridings, to be called respe?tively ~h~ South and ~orth Ridings :-- ’ " " 54. The South Riding Lo consist of the Township~ of Bentlnck, Glenelg~ Artemesia, Osprey, Normanby, Egremont, Proton, and Melancthon. 55. The l~orth Riding to consist of the Townships of Collingwood, Euphrasia, Holland, Saint-Vineent, Sydenham, Sullivan, D~rby, and Keppel, Sarawak and Brooke, and the Town of Owen Sound.

The County of PERTH, divided lute Two Ridings, to be called respectiv.ely the ~South and North Ridings :~ 56. The North Riding to ~onsist of the Townships of Wallace;: ~Elma, Logan, Ellice, l~Iornington, and l~orth Easthope, .:and the ~To~n of Stratford. " ’ 57. The South Riding to consist of the Townships(ffBlanchard., Dpwn~e, South Easthope, Fullartou, Hibber~, and the Yillagee of M~tehell and Ste. Marys.

The County of WELLINGTON, divided into Three Ridings, to be called ~espec- tively l~orth, South, and Cenh’e Ridings :~ ¯ 58. The North Riding ~o consist of the Townships ’ of Amaranth, Ar~h~w, Luther, Minto, M~ryborough,. Peel: .aad the Village of, ~Iount- Forest. 59. The Cen~tre Riding to consist of the Townships of Garafra, x.~:I :Erin, Eramosa, ~ichol, and Pilklng~on, and the Villages of FerguS and " Elora~ 60. The South Riding ~to consist of the Town of Guelph, and the Town- ships of Guelph ~ nd Puslinch.

The County of ~ORFOLK, divided into Two Ridings, to be called ~spec- tively the South and North Ridings :-- 61. The South Riding to consist of the Townships of Charlottevil~e, Houghton, Walsingham. and Woodhouse, and With the Gore thereof. 62. The North Riding to consist of the- Townships of Middle,on, Townsend, and Windham, and ~he Town of Simcoe,’ ’63. The County of HAI,Dn~)~o consist of the Townships of Oneida, Seneca., Caguya ~orth, Caguya South, Raynham, Wa|pole, and

64. The - 73 -

30° .VICTORI./E, Cap.3. 43 11ritish Narth Ame~’ica.

64. The Cohnty of MoN~ to co~is~ of ~he TownsMp~ of Can~omug~ and ~oul~n, ~d Sherbrooke, and ~he ~rom .~h6 County of ~ld~d), the To~sMps’ of Cals~or ,and Gai~borough (taken from the County of ~co~), and ~he To~- ~ships of Pelham and W~ (~e~ ~om. ~he .Co~ty of WoUnd), 65. The Co~ty of L~sco~ ~o cons~t o~ ~he Townships O~ ~n, Gran~ham, Gl~msby, and Lou~h, and ~he To~ o~ St. Catbe~n~ ~66~ ~e County of ~ELLAND ~0 cons~ Of ~he To~mhi~s of Belie, ~owl~d, Hum~rs~one, S~mford, Thor01d,’and W~oughby, ~he Vi~ of ~ippewa, ~on, Fo~ E~e, ~orold, and .Welland. 67. ~e"Co~y of P~ ~ co~h~ of ~he To--ships of Tomn~, and ~he Gore of Toronto, and the Vi~s of Bmmp~n a~ S~r~sv~lla 68., ~e ~un~y of C~w~ ~ comis~ of ~he Tow~Mpe of .~blon :and Caledon (~ak~ from the Cowry of Peel), and ~he..Tow~hips ~dj~.and Mono (taken ~om ~he Co~y of Simcoe).

The .County of SIi~cos, divided into Two Ridings~ to be called respeetitely t~e’ South and th~ l~or~h Ridings :~ 69. The South Riding to consist of the Town,ships ~of West Gwilhmbury, Tecumseth, Iunisfil, Essa, Tosorontio, Hulmur,. a~d .’the .ViLlage of Bradfor& 7D, The North Riding to consistof the Townships of Nottawasaga, sun- nidale, Yespra, Flos, Oru, Medonte, Orillia and. Hatchednsh, Tiny and Tay, Balaklava and Robinson, and the Towns of Barrio and Collingwood:

The 0~ounty of VICTORIa, divided into Two Ridings, to be called respecti,vely th~ South and North Ridings :-- 71. The South Riding to consist of the Townships. of Ops, Mariposa, Emily, Verulam, and the Town of Lindsay. 72~ :The North Riding to consist of~ the Township~ of Anson, Bexley, Carden, Dalton, Digby, Eldon, FenelJn, ]~indon, Lax~on, Lutter- worth, Macaulay and.Draper, Sommerville, and Morrison, Huskoka, Monck and Watt (taken from the County of Simcoe), and any other surveyed Townships lying to .the North of the said North Riding. The County of P~T~.R~OROU~I, divided into Two Ridings, to be called respectively the West and East Ridings :~ 73. The West Riding to consist of the Townships of South Monaghan (taken from the County of Northumberland), North Menaghan~ Smith, and Ennismore, and the Town of Peterborough. 74. The East Riding to consist of the Townships of Asphodel, Belmont and Methuen, Douro, Dummer, Galway, Harvey, Minden, Stanhop~ and Dysart, Otonabee, and Snowden, and the. Village of Ashburn- ham, and any other surveyed Townships lying to the Nox4h of the said East Riding. - 74 -

44 30o-VICTOR12E, Cap.3. .British North America.

The County of H~ST~GS. divided into Three Ridings, to be called respec- tively ~he West, East, and North Ridings :~ 75. The West Riding to consist of ~he Town of Belleville, ~he Township of Sydney, and the Village of Trenton.

76. The East Riding to consist of the Townships of Thurlow, Ty.endin- aga, and Hunger[or&

77. The North Riding to consist of lhe Townships ol~ Rawdon, Hunl- ingdon, ~adoc, :Elzevir, Tudor, ~armora, and Lake, and the Village ¯ of Stifling, and any other su ,rveyed Townships lying to ~he North of ~he said North Riding.

’ 78. The County of L~ox ~o consist of.the Townships of Richmond, Adolphnstown, North Fredericksburg,-South Fredericksburg, Ernes~ Town, and Amherst Island, and the Village of Napanee.

79. The County of ADDINGTON I~o consist of the Townships of Camden, Portland, Sheffield, Hinchlnbroke, Kaladar, Kennebec, Olden, Oso, Anglesea, Barrie, Clarendon, Palmerston, Efilngham, hbinger, Miller, Canonto, Denbigh, Loughborough, and Bedford, 80. The Cou_uty of FsON~m~c ~o consist of ~he Townships of Kingston~ ~’olfe Island, Pi~tsburg and Howe ~land, and Storringtom

The County of Rs~Fz~w, divided into Two Ridings, to be called respec- tively the Sou~h and l~orth Ridings :-- 81. The South Riding to consist of the Townships of ~cbTab, Bagot, Blithfield, Brougham, Horton, Admaston, G~a~tan, ~Fa~awatchau, Griffith, Lyndoch, l~aglan, Radcliffe, Brudenell, Sebastopol, and Villages of Arnprior and Renfrew. ,82. The North Riding to consist of ~he Townships of Ross, Bromley, Wes~mea~h, S~afford, Pembroke, Wilberforce, Alice, Petawawa, Buchanan, Sou~h Mgona, :North A]gona, F.raser, McKay, Wylie, Rolph, Head, ~[aria, Clara, Hagger~y, Sherwood, Burns, and Richards, and any other sarveyed Townships lying Noz4h-westerly of the said ..~-°rth Riding.

Every Town and incorporated Yillage existing at ~he Unio~, hog specially mentioned in this Schedule, is to b~ taken as Par~ of the Coungy or Riding wi~hla which it i~ locally situ,~te. - 75 -

30.° VICTORIYE, Cap.3.

..Brit.~h .lVorth America.

~leetoral Di~trlets of Quebec ,2eeially .fixed.

COUNTIES OF-- Pontiac. MisslsquoL Comp~on. Ottawa. Brome. Wolfe and Richmond. ArgenteuiL SheffOixt. ’ Megantie. Huntingdon. St~nstead. " I I Towz¢ of Sherhrooke..

The THIRD SCHI~DULE.

.Provincial ~ubli~ ttrorka and _Prol~erty to be the ~rol~erly of Canada.

1. Canals, with Lands and Water Power connected therewith. 2. Public Harbours. 3. Lighthouses and Piers, and Sable Island. @. Steamboats, Dredges, and public Vessel~ 5. Rivers and Lake Improvements 6. Railways and Railway Stocks, Mortgages, and .other Debts due’by Railway Companies. 7. Military Roads. 8. Custom Houses, Post Oitlces, and all other Public Buildings, except such as the Government of Canada appropriate for the Use of the Provincial Legislatures and Governments. 9.1 Property transferreJ, by the Imperial Government~ and known as Ordnance Property. 10. ,Axmouries, Drill Sheds, ~dilltary Clo~hlng, and ~u~aitlons of War,~and Lands set apart for general Public Purposs~. - 76 -

VICTORIfl , Cap.3.

. B, ritish 2VouCh America.

The FOURTH SOH]~DULE.

Assets to be the Pro_pe’~ty of. Ontario wad Quebec conjointly.

Upper Canada Building Fund. Lunatic Asyluma Normal School.

Cour~inHouses Aylmer, t Lower Canada. ~onta~, Kamouraska, Law Society, Upper Canada ..... Montre~ ~urnpike Trus~. University .Permanent Fund .... Royal Ins~itu~iom " Consolidated Municipal Loan Fund, Upper Canada Consolidated Mm~icipal Loan Fund, Lower Canada. Agricultund. Soclety~ Upper Canada. Lower Canada Legi~!atlve Grant, Quebec Fh~e Loan. Tamisc0na~ Advance Accoun~;~ Quebec Turnpike Trus~ Educatlon--East.’ Building and Jury Fund, ~ower ’Canada ]~[unicipalities Fund. Lowe~ Canada SuperiorEducation Income Fund. - 77 -

30° VICTORIa, Cap.3. 47 British 2Vorth A ~rica.

The FIFTH SCHEDUL]L

I A.B. do swear, That I will be fa;thfu] and bear true Allegiance ~ Her. l~jesty Queen Victoria. ~Vote.--The ~Varae of the A’ing ar Queen of the United Kingdom of Great Britain and Irelar~d far the Time beir~j is to I~ substituted from Time to ~m~, with pr~r T~s of Refer~ce t~reto.

DECLARATION O~ QUALIFICATION.

I A.B. do declare and testify, That I am by Law duly qualified to be appointed a ]~ember o.f the Senate of Canada [or as the Case may be], and that I. am legally or equi~bly seised as of Freehold for my own Use and Benefit of Lands or Tenements held in,Free and Common Soc~age [or seised or possessed for my own Use and Benefit of Lands or Tenements..he,!d in Franc-alleu or in Roture (as th~ Case may be),] in the Province of Nova Scotia [or as the ~ase may be] of the Value of Four thousand Dollars over and above all Renks, Dues, Debts, Mortgages, Charges, and Incumbrances due or payable out of or charged on or affecting the same, and that I have not collusively or eolourably obfasined a Title to or become possessed of the said Lands and Tenements or any Par~ thereof for the Purpose of enabling me to become a ~[ember of the Senate of Caihada ,[or as the Gas~ may b~], and that my Real and Pemonal Proper~y are together worth Four Shoueand Dollars over and above my Debtsand Liabilities. - 78 - - 79 - - 80 - - 81 - - 82 - - 83 - - 84 - - 85 - - 86 - - 87 - - 88 - - 89 - - 90 - - 91 - - 92 - - 93 - - 94 - - 95 - - 96 - - 97 - - 98 - - 99 - - 100 - - 101 - - 102 - - 103 - - 104 - - 105 - - 106 - - 107 - - 108 - - 109 - - 110 -