}o^. Vv> \\^ 
 
 IMAGE EVALUATION 
 TEST TARGET (MT 3) 
 
 /. 
 
 ^/ 
 
 
 
 ■^•^ 
 
 f/^ 
 
 ^n 
 ^ 
 
 1.0 
 
 1= 
 
 1.25 
 
 
 2.5 
 
 M 
 
 18 
 
 S LU 11116 
 
 <^ 
 
 /} 
 
 ^ 
 
 V] 
 
 %>/ 
 
 A 
 
 '"^J 
 
 'V 
 
 V^ ^ 
 
 s& 
 
 op. 
 
 <^. 
 
 f 
 
 Photographic 
 
 Sciences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y ]45C0 
 
 (716) 872-4503 
 
 ^ 
 
 ■1>^ 
 
 V 
 
 \\ 
 
 % 
 
 v 
 
 \ 
 
 
 6^ 
 
 ^■1 .^^^^ 
 
 %' 
 
 '>?>^ 
 
^^* 
 
 
 CIHM/ICMH 
 
 Microfiche 
 
 Series. 
 
 CIHM/ICMH 
 Collection de 
 microfiches. 
 
 Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques 
 
Technical and Bibliographic Notas/Notea technique* et bibiiographiquea 
 
 The Institute has attempted to obtain the beat 
 original copy available for filming. Features of this 
 copy which may be bibiiographically unique, 
 which may alter any of the images in the 
 reproduction, or which may significantly change 
 the usual method of filming, are checked below. 
 
 D 
 
 Coiouret^ covers/ 
 Couverture de couleur 
 
 I I Covers damaged/ 
 
 Couverture endommag^e 
 
 □ Covers restored and/or laminated/ 
 Couverture restaur^e et/ou pellicui^e 
 
 I I Cover tit»e missing/ 
 
 La titre de couverture manque 
 
 Coloured maps/ 
 
 Cartes giftographiquas en couleur 
 
 □ Coloured ink (i.e. other than blue or black)/ 
 Encre de couleur (i.e. autre que bleue ou noire) 
 
 □ Coloured plates and/or illustrations/ 
 Planchea et/ou illustrationa en couleur 
 
 □ Bound with other material/ 
 ReliA avec d'autres documents 
 
 D 
 
 n 
 
 n 
 
 Pght binding may cause shadows or distortion 
 along interior margin/ 
 
 Lareliure serree peut cruser de I'ombra ou de la 
 distorsion le long da la marge intiriaure 
 
 Blank leaves added during restoration may 
 appear within the text. Whenever possible, these 
 have beon omitted from filming/ 
 II se peut que certaines pages blanches ajouties 
 lors d'une restauration apparaiasent dans la texte, 
 mais, lorsque cela 4tait possible, ces pages n'ont 
 pas it6 fiimdes. 
 
 Additional comments:/ 
 Commentaires suoplimentaires: 
 
 L'Institut a microfilm^ le meilleur exemplaire 
 qu'il tui a iti possible de se procurer. Les details 
 de cet exemplaire qui sont peut-^tre uniques du 
 point de vue bibliographique, qui peuvent modifier 
 une image reproduite, ou qui peuvent exiger une 
 modification dans la mithode normale de filmaga 
 sont indiqute ci-dessous. 
 
 The 
 toti 
 
 I I Coloured pages/ 
 
 Pages de couleur 
 
 Pages damaged/ 
 Pages endommagias 
 
 □ Pages restored and/or laminated/ 
 Pages restauries et/ou pellicuides 
 
 r~y| Pages discoloured, stained or foxed/ 
 iXZJ Pages d^colories, tachet^es ou piquees 
 
 Pages detached/ 
 Pages ditachies 
 
 Showthb-oughi 
 Transparence 
 
 Quality of prir 
 
 Quality in<kgale de i'impression 
 
 Includes supplementary materii 
 Comprend du materiel supplementaire 
 
 Only edition available/ 
 Seule idition disponible 
 
 Th* 
 poaa 
 of ft 
 fMmf 
 
 Orlg 
 bagi 
 the I 
 aion^ 
 othe 
 first 
 sion, 
 Drill 
 
 [ I Pages detached/ 
 
 r~l Showthb-ough/ 
 
 I I Quality of print varies/ 
 
 I I Includes supplementary material/ 
 
 I I Only edition available/ 
 
 The 
 shall 
 TINl 
 whk 
 
 Map 
 diffe 
 ant^r 
 begii 
 righl 
 requ 
 metl 
 
 I I Pages wholly or partially obscured by errata 
 
 . 1 slips, tissues, etc., have been refiimed to 
 
 ensure the best possible image/ 
 Les paqes totaiement ou partieilement 
 obscurcies par un feuillet d'errata, une pelure. 
 etc., cnt iti fiim^es i nouveau de facon A 
 obtenir la meilleure image possible. 
 
 This item is filmed at the reduction ratio checked below/ 
 
 Ca document est filmi au taux de rMuction indiquA ci-dessous. 
 
 10X 14X 18X 22X 
 
 y 
 
 12X 
 
 ItX 
 
 20X 
 
 »K 
 
 30X 
 
 24X 
 
 28X 
 
 32X 
 
The copy filmed hare has baan raproduced thanks 
 to tha ganarosity of: 
 
 Douglas Library 
 Quaan's Univarsity 
 
 L'axamplaira ffilmi fut raprodult grAca A la 
 ginArosit* da: 
 
 Douglas Library 
 Quaan's Univarsity 
 
 Tha imagas appearing hera ara tha bast quality 
 possible considering the condition and legibility 
 of the originni copy and in keeping with the 
 filming contract specifications. 
 
 Original copies In printed paper covers ara filmed 
 beginning with the front cover and ending on 
 the last page with a printed or illustrated impres- 
 sion, or the back cover when appropriate. All 
 other original copies ara filmed b:>ginnlng on the 
 first page with a printed or illustrated impres- 
 sion, and ending on the last page with a printed 
 or illustrated impression. 
 
 Tha last recorded frame on each microfiche 
 shall contain the symbol ^^> (meaning "CON- 
 TINUED"), or the symbol y (meaning "END"), 
 whichever applies. 
 
 Les Images suivantas ont AtA reprodultes avac la 
 plus grand soin, compta tenu de la condition at 
 da la nettatA de re^cemplalra film6, et en 
 conformity avec les conditions du contrat da 
 fllmage. 
 
 Les exempiaires orlginaux dont la couvarture an 
 papier est ImprimAe sont film6s en commen^ant 
 par la premier plat at en tarminant soit par la 
 darnlAre page qui comporte une emprelnte 
 d'Impresslon ou d'illustratlon, soit per la second 
 plat, salon le cas. Tous les autres exempiaires 
 orlginaux sont fiimte en commen^ant par la 
 premiere page qui comporte une emprelnte 
 d'Impresslon ou d'illustratlon at en terminant par 
 la darnlAre page qui comporte une telle 
 emprelnte. 
 
 Un des symboies sulvants apparaftra sur la 
 darnlAre Imjge de cheque microfiche, selon le 
 cas: le symbols —► signifie "A SUIVRE", le 
 symbols V signifie "FIN". 
 
 Maps, plates, charts, etc., may be filmed at 
 different reduction ratios. Those too large to be 
 entirely Included In one exposure are filmed 
 beginning in the upper left hand corner, left to 
 right and top to bottom, as many frames es 
 required. The following diagrams Illustrate the 
 method: 
 
 Les cartas, planches, tableaux, etc., peuvent Atre 
 filmAs A des taux da reduction diff6rents. 
 Lorsque le document est trop grand pour Atra 
 raprodult sn un seul cllchA, 11 est film* A partir 
 de i'angle supArieur gauche, de gauche A drolte, 
 et de haut en bas, an pranant la nombre 
 d'imagas nAcessalra. Les diagrammes suivants 
 illustrent la mAthode. 
 
 1 2 3 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
3 
 
k 
 
 f^^^ Vv^ 
 
 
 mm 
 
 -1 
 
 J 
 
 rz-^ 
 
 DURATION 
 
 h3 
 
 OF THE 
 
 LEGISLATIVE ASSEMBLY 
 
 OF 
 
 ONTAEIO. 
 
 BY 
 
 ALFRED H. DYMOIN^D. 
 
 REPRINTED FROM ROSE-BELFORD'S CA^^ADIAN MONTHLY AND NATIONAL 
 , REVIEW. FOR APRIL, lS7t). 
 
 PRINTED I3V HUNTER, ROSE k CO, 25 WELLINGTON ST., 
 
 1879. 
 
 6 
 
 
The EDITH and LORNE PIERCE 
 COLLECTION of CANADI ANA 
 
 ^een's University at Kingston 
 
THE 
 
 DUlUTIO«f OF THE lEGISLATIVK ASSEMBLY. 
 
 ft 
 
 THE question at what particular 
 date the present Legislative As- 
 sembly of Ontario should be regarded 
 as having run its course and ceased to 
 exist by effluxion of time, has a his- 
 torical, rather than a controversial in- 
 terest. It was discussed mainly in that 
 sense during the recent session of the 
 Legislature, and less with the view of 
 imputing blame or censure to the re- 
 sponsible advisers of the Executive — 
 for no motion was submitted to the 
 House, which had met as usual at the 
 season most consistent with public con- 
 venience — than as a precautionary 
 step, having regard to the protection of 
 public and private interests against any 
 possible contingencies arising from the 
 transaction of business after the ter- 
 mination of the four years during 
 which the Local Parliament has a legal 
 
 ■ ® 
 
 existence. The subsequent proceedings 
 of the Legislature afforded of them- 
 selves a sufficiently emphatic declara- 
 tion of confidence in its own vitality, 
 and may be assumed to have removed 
 the matter beyond all occasion for 
 doubt, if doubt on the subject ever 
 r'eally existed. It is not, however, 
 amiss in this very practical age, to re- 
 fresh our minds occasionally with en- 
 quiries of this nature, and it is in a 
 spirit of enquiry and suggestion, cer- 
 tainly not as one entitled to speak 
 with personal authority, that the writer 
 of the following pages submits the re- 
 sults of his investigations into the 
 practice or usage, and law of parlia 
 ment, as they bear upon the points 
 under discussion ; — 
 
 THE USAGL OF PARLIAMENT. 
 
 In Magna Charta the course to be 
 followed in summoning the Common 
 
 Council of the Kingdom is described 
 as follows : 
 
 'And also to have the Common 
 ' Council of the Kingdom (parliament), 
 ' to assess and aid, otherwise than in 
 ' the three cases aforesaid : * and for 
 'the assessing of scutages (taxes), 
 ' we will cause to be summoned 
 'the Archbishops, Bishops, Abbotts, 
 ' Earls, and great Barons, individually 
 ' by our Letters. And besides, we 
 ' will cause to be summoned in general 
 ' by our Sheriffs and Bailiffs all those 
 ' who hold of us in chief, at a certain 
 ' day, that is to say at the distance of 
 ' forty days (before their meeting), at 
 ' the least, and to a certain place ; and 
 ' in all the letters of summons, we will 
 ' express the cause of the summons ; 
 ' and, the summons thus made, the 
 ' business shall proceed on the day ap- 
 ' pointed, according to the counsel of 
 ' those who shall be present, although 
 ' all who had been summoned have not 
 'come.' 
 
 We have here : (1) The declaration 
 in express language that all entitled 
 to be summoned shall be summoned. 
 (2) A mple time allowed — any haste or 
 emergency notwithstanding — for all 
 to reach the place of meeting; and, (3) 
 The submission to, or suspension in 
 favour of a rule or law, of the Pre- 
 rogative. No parliament could be a 
 true and legal parliament under the 
 Great Charter if held before the expir- 
 ation of the \ forty days at least ' al. 
 lowed for the notification (or election) 
 of the members, or, in other words, 
 until every one had a fair opportunity 
 to attend. 
 
 * To redeem tlie King's person ; to make the 
 King's eldest son a Icnight ; and, once to marry the 
 King's elUetit Uau^litei'. 
 
DURATION OF THE LEGISLATIVE ASSEMBLY. 
 
 The provision of the Great (Jh alter 
 above referred to was embodied in 
 the Statute 7 and 8 William III., 
 which enacted that forty days should 
 elapse between the teste and the re- 
 turn of the writs of summons for the 
 election of a new parliament. But 
 when, by the Act of Union of Eng- 
 land and Scotland, 6 Anne, c. ii., the 
 Parliament of England became the 
 Parliament of Great Britain, l)y resison 
 of the remoteness of some of the con- 
 stituencies in Scotland, it was provided 
 that the space of fifty days sliould be 
 allowed for the return of the writs 
 summoning the first United Parlia- 
 ment, and it became the custom to 
 allow fifty days at least thereafter. 
 On the Union of the Parliament of 
 Ireland with that of Great Britain, 
 sixty-one clear days were allowed by 
 the first summons, fifty-two days by 
 the second and third, and fifty-five 
 days by the fourth. Means of travel 
 and communication having been 
 greatly improved and , facilitated, the 
 time was, by the 15th Victoria, c. 23, 
 reduced to, and is still fixed for Great 
 Britain and Ireland, at thirty-five 
 days. So, from the earliest {period of 
 British Parliamentary Government to 
 the present day, the curtailment of 
 the prerogative right of the Sovereign 
 to summon Parliament — no matter 
 how pressing the occasion — in favour 
 of the right of all to be repre- 
 sented has been tolerated and legalized. 
 The legislation of Canada is based 
 on the same principle. By the Union ■ 
 Act for Canada (3 and 4 Vic, c. 35, 
 Imp.), fifty days were to be allowed 
 until otherwise provided by the Parlia- 
 ment of Canada. And, by the 1-ith and 
 15th Vic, c 87 (Canada), the time was 
 expressly enlarged in favour of Gaspe, 
 and Chicoutimi and Saguenay to nine- 
 ty days. It may here be remarked that 
 not only has no instance occurred 
 in which Parliament has met before 
 the elections for the constituencies just 
 mentioned have been held, but, having 
 regard to the jealousy with which the 
 due apportionment of representation 
 
 between Upper and Lower Canatla was 
 viewed, and the often very evenly- 
 balanced state of parties in the old 
 Canadian Assembly, it is impossible 
 that any legislation should have con- 
 templated the meeting of the House 
 with three Lower Canndian Electoral 
 Districts unrepresented. 
 
 By the British North America Act, 
 30 and 31 Vic, c 3., the District of 
 Algoma first received representation. 
 And, by the 32 Vic c 21 (Ontario), 
 while forty days was the period as- 
 signed for the return of the writs 
 generally, ninety days were allowed at 
 certain seasons for the return for Al- 
 goma. The clause relating to Algoma 
 is as follows : — ('Sec 18, sub-sec 4.) 
 'There shall be forty days between 
 ' the teste and the return of every 
 ' writ of election : Provided always 
 ' that in the case of the District of 
 ' Algoma there shall be ninety days 
 ' between the teste and return of any 
 ' writ of election issued between the 
 ' fifteenth day of October and the 
 ' fifteenth day of March following . 
 ' . . . and that such polls shall be 
 ' opened and held only at the follow- 
 ' ing places, .... and (in case 
 ' the [jolling shall take place between 
 ' the first day of May and the first day 
 'of November following), at Fort 
 ' William.' By the 38 Vic, c 3, sec 
 21, it was provided that ' no nomina- 
 ' tion or poll should be held in the 
 ' District of Algoma except during 
 ' the months of June, July, August, 
 ' September, or October.' By the 39 
 Vic , c 10, sec 1 3, the provisions of the 
 Electoral I^aw in regard to Algoma 
 were somewhat further modified. The 
 section reads as follows : — ' The nomi- 
 ' nation in the Electoral District of 
 ' Algoma shall not take place less than 
 ' fifteen days nor more than twenty 
 ' days after the proclamation was 
 ' posted up ; and the day for holding 
 ' the polls shall be the fourteenth day 
 'next after the day fixed for the 
 * nomination of candidates. 
 ' The nomination, or polling, may be 
 ' held in any year at some time from 
 
 h 
 
 ' V 
 
 jmk 
 
DURATION OF THE LEGISLATIVE ASSEMBLY. 
 
 I 1 
 
 >% 
 
 * the twentieth day of May to the end 
 ' of November, and between those 
 
 * days only.' 
 
 The spirit or intention of all three 
 Statutes was evidently the same — 
 namely, that all possible means should 
 be used to secure the representation 
 of Algoma in the Legislative Assem- 
 bly, either by allowing a lengthened 
 periotl to elapse between the issue and 
 return of the writ, or by holding the 
 election only at a time of year when 
 all [)iirts of the territory were acces- 
 sible. 
 
 By the Dominion Elections Act of 
 1874 {;M Vic, c. 9, sec. 2), it was, for 
 the first titne, providecl, that — with 
 certain exceptions (specially named)— 
 all the elections in the Dominion 
 should (at a general election) take 
 place on one and the same day. The 
 exceptions were — the several elec- 
 toral districts in the Provinces of 
 Manitoba and British Columbia ; the 
 electoral districts of Muskoka and 
 Algoma, in the Province of Ontario 
 and the electoral districts of Gaspe, 
 and Chicoutinii and Saguenay, in the 
 Province of Quebec. By section 14, 
 it was enacted that, within twenty 
 days after the reception of the writ in 
 theelectoral districts in British Colum- 
 bia, antl in the electoral districts of 
 Muskoka and Algoma, in Ontario, 
 and Gaspe, and Chicoutinii and Sa- 
 guenay, in Quebec, and within eight 
 days in the other electoral districts of 
 the Dominion, the Returning Ollicer 
 shall issue his proclamation, kc. The 
 nomination in any of the afoi'esaid 
 electoral districts, excepting Chicou- 
 timi and Saguenay, is not to take 
 place less than fifteen days, nor more 
 than thirty days after the proclama- 
 tion has been posted up. In Chicou- 
 timi and Saguenay, the time allowed 
 is to be not less than eight nor more 
 than fifteen days, the same space of 
 time being allowed for the appoint- 
 ment of the polling. In other elec- 
 toral disti'icts ' at least eight days ' is 
 to be allowed for notice of the nomi- 
 nations, and the polling is to be seven 
 
 ' ! 
 
 I 
 
 days thereafter. The object in this 
 legislation was clearly the same as in 
 that of the Province of Ontario — 
 namely, to secure the representation 
 of ALL in the Parliament to be elected. 
 And in all these arrangements we see 
 just the same abridgment of the Pre- 
 rogative that was implied in the forty 
 days' notice secured by Magna Charta. 
 
 PARLIAMENTARY PRECEDENTS. 
 
 On the 9th day of February, 1820, 
 Mr. James Monk, then acting as Ad- 
 ministrator of the Government of 
 Lower Canada, dissolved the Legisla- 
 ture of that Province, and, by the 
 same proclamation, directed the call- 
 ing of a new Legislative Assembly. 
 The proclamation concluded as fol- 
 lows : — 
 
 ' And we do, hereby, fuither de- 
 ' clare, that we have this day given 
 ' orders for issuing our writs in due 
 ' form for calling a new Provincial 
 ' Parliament in our said Province, 
 ' which writs are to bear teste on Tues- 
 ' day the 22nd day of February inst. 
 ' and to be returnal)le on Monday the 
 ' eleventh day of April next, for every 
 ' place except the County of Gaspe, 
 ' and for the County of Gasp6 on 
 ' Thursday the irst day of June next.' 
 Notwithstanding the exceptional ap- 
 pointment as to Gasp^, the Houses 
 were called together on the 11th of 
 April. Whereupon, on the motion of 
 Mr. Blanchet, seconded by Mr. Bu- 
 reau, the Clerk of the Crown was or- 
 dered to appear and lay before the 
 House copies of the proclamation, the 
 writ for Gaspe, and returns to the 
 several writs received. By this means 
 the Assendjly was officially seized of 
 the fact, that the return for Gasp6 had 
 not been received, but that the date 
 for its return had been anticipated 
 by the calling together of the House 
 at the earlier day above-mentioned. 
 Having gone into Committee of the 
 Whole to consider whether the House 
 was competent to proceed constitu- 
 tionally to the despatch of business, 
 
6 
 
 DURATION OF THE LEOISLATITE ASSEMBLY. 
 
 and the documents relating to the 
 election having Imen referred to the 
 Committee, the Committee reported 
 the following reHolutions ; — ' //e- 
 ^ solved. — That it is the opinion of 
 * this Committee, that, according to 
 ' the j)roc]amation of His Honour, the 
 ' President and Administrator of the 
 ' government of this Province, bear- 
 ' ing date the ninth day of February 
 ' last, the rejiresentation of this Pro- 
 ' vince is not as yet complete, inas- 
 ' much as the day fixed by the said 
 ' proclamation as the return day of the 
 ' V'rit of election for the County of 
 ' Gasp6 is not vet arrived. Resolved, 
 ' That it is the opinion of this Com- 
 ' mittee that the writ of election for 
 ' the County of Caspe being dated the 
 ' 22nd of Februaiy last, and return- 
 ' able on the 11th of the month of 
 'April inst., is contrary to the said 
 ' proclamation, and to the Provincial 
 ' Act of the 42nd year of the reign of 
 'His Majesty Gt-orge III., chapter 
 ' 3. * Resolved. That it is the opin- 
 ' ion of this Committee that, accord- 
 ' ing to the enactments of the Act of 
 ' the Parliament of Great Britain, of 
 ' the 31st year of His Majesty George 
 ' in., chapter 31, intituled "An Act 
 ' to repeal certain parts of an Act 
 ' passed in the 14th year of His Ma- 
 'jesty's reign, intituled, 'An Act for 
 ' making more effectual provision for 
 
 * the Government of the Province 
 
 * of Quebec, in North America,' and 
 ' to make further provision for the 
 
 * Government of the said Province," 
 ' this House is incompetent and can 
 
 ' not proceed to the despaU;a of busi- 
 ' ness. ' The several resolutions were 
 put separately and concurred in. They 
 
 •The Act provides a-s follows :--' Whereas, from 
 the rinwite and local situation of Gas)i6, it has been 
 found from experience that tlie fifty days prescribed 
 for making the returns aforeasaid are insufficient for 
 that purpose, be it enacted .... that it shall 
 and may be lawful for the Covernor to extend the 
 period in which any writ for a member to serve in 
 the Provincial Parliament for tlie County of Oas| 6 
 aforesaid .shall be made returnable to a number n,it 
 exceeding one m NDREn days from the day on which 
 the writs of election for'the aforesaid County of 
 Ga-tp6 shall hereafter be dated, any law to the con- 
 trary nolwilhslanding.' 
 
 were then tmanimously adopted. The 
 House next proceeded to nominate a 
 Committee to wait upon the Admin- 
 istrator and request him to ajipoint a 
 time for the presentation of the reso- 
 lutions. But further proceedings in 
 the matter were suddenly arrested by 
 the news arriving of the death of the 
 King, which had the effect of dissolv 
 ing the Parliament. 
 
 The Lower Canada Legislature did 
 not, it will be observed, refuse to pro- 
 ceed merely because the representa- 
 tive from Gasp^ was not in his place, 
 but because tlie Executive in conven- 
 ing Parlirment for the desjiatch of 
 business had violated the terms of the 
 proclamation issued under a law 
 which ensured to Gasp6 a longer and 
 necessary interval wherein to hold the 
 election. The case is precisely anala- 
 gous to that of Algoma under the On- 
 tario Act, by virtue of which the 
 writs generally, for the general elec- 
 tion of 1875, were made returnable 
 by proclamation on the 2nd February, 
 and the writ for Algoma on the 14th 
 August, while the nominations and 
 pollings were respectively held on 
 the 11th and 18th of Janaary in the 
 other electoral districts. That so long 
 a time was allowed in the case of Al- 
 goma after the 20th May may be at- 
 tributed to the fact that, the Legisla- 
 ture having held its annual session in 
 November and December, 1874, no 
 necessity for haste jiresented itself. 
 Had the Ontario Legislature l)een 
 called for the despatch of business 
 prior to the 14th August, a protest 
 similar in terms to the one adopted 
 by the Lower Canada Assembly 
 would doubtless have followed. 
 
 The action of the Legislative Assem- 
 bly of Lower Canada was fully in ac- 
 cordance with at least one eminent 
 authority. In the year 1744 the 
 Governor of New Hampshire, Mr. 
 Benning Wentworth, acting upon his 
 interpretation of the powers vested 
 in him by virtue of his commission, 
 and those of his predecessors in the 
 same office, undertook to issue writs 
 
 , I 
 
 % 
 
DURATION OF THE LEGISLATIVE ASSEMBLY 
 
 pted. The 
 ominate a 
 le Adu)in- 
 a[){)oint a 
 the reso- 
 sedings in 
 rrested by 
 ith of the 
 )f dissolv 
 
 lature did 
 ise to pro- 
 spresenta- 
 his place^ 
 a couven- 
 ?[)atch of 
 ■1118 of the 
 • a law 
 )nger and 
 > hold the 
 ely atiala- 
 r the On- 
 hich the 
 eral elec- 
 eturnable 
 February, 
 
 the Uth 
 ions and 
 
 held on 
 try in the 
 at so long 
 se of Al- 
 ly be at- 
 
 Legisla- 
 iession in 
 1874, no 
 ed itself, 
 ire l)een 
 
 business 
 t protest 
 
 adopted 
 assembly 
 d. 
 
 e Assem- 
 lly in ac- 
 
 eminent 
 744 the 
 ire, Mr. 
 upon his 
 8 vested 
 imission, 
 s in the 
 ue writs 
 
 \ u 
 
 % 
 
 for the election of five new meinV)er8 
 to the Colonial Assembly, repre- 
 senting as many towns or districts 
 that had not previously enjoyed the 
 rigiit of representation, although con- 
 tributing to the public revenue. 
 Whereupon the Assembly, consti- 
 tuted of the old members, or repre- 
 sentatives of districts previously elect- 
 ing members, before even proceeding 
 to the choice of a Speaker, refused to 
 admit the new members, and, having 
 excluded them, then went on with the 
 public business. The (iovernor referred 
 to London for instructions, and a 
 statement of the case was submitted 
 to the Attorney and Solicitor General 
 for the time being. The. Attorney- 
 General was Sir Dudley (afterwards 
 Ohief Justice) Ryder, and the Solici- 
 tor-General, was Sir William Murray, 
 afterwards the great Lord Mansfield, 
 These distinguished lawyers held, and 
 advised the Crown, that the action of 
 the Governor was legal and consistent 
 with the relations of the Colony to 
 Imperial authority. But, and this is 
 the point bearing on our present dis- 
 cussion, they also submitted : — ' It 
 might V)e advisable for His Majesty to 
 send positive instructions to the Gov- 
 ernor to dissolve the Assembly as 
 soon as conveniently may be, and 
 when another is called, to send writs 
 to the said towns (the new districts) 
 to elect representatives, and .support 
 the right of such representatives when 
 chosen.' The case is reported in 
 ' Chalmer's Colonial Opinions,' p. 271 
 €t see/. That the Assembly in this 
 instance was allowed to continue in 
 session at all was clearly due to the 
 impossibility, having regard to time 
 and distance, of prompt action, under 
 the necessary advice, being taken by 
 the Governor. 
 
 An episode in the Parliamentary 
 history of Ontario, while not affording 
 any positive precedent, still gives an 
 indication both in its incidences and 
 the legislation that grew out of it, of 
 the care taken by Paiiiament to ensure 
 A complete representation. After the 
 
 Ontario general election of 1871, all 
 the writs had been returned long be- 
 fore the new House assembled for the 
 transaction of business. In the mean- 
 time several seats had become vacant ; 
 one by reason of a double return, one 
 by reason of the resignation of a mem- 
 ber-elect, and six from elections having 
 been declared void b;y the judges whose 
 intervention had been invoked for the 
 first time for the trial of election pe- 
 titions in this Province. On the first 
 paragraph of the Address in reply to 
 the Speech from the Throne being 
 put from the Chair, an amendment 
 was moved expressing censure of the 
 Government of Mr. J. Sandfield 
 Macdonald. This gave rise to a 
 protracted debate, and, on the follow- 
 ing day, an amendment to the pro- 
 posed amendment was moved, with the 
 concurrence of the Government, by 
 Mr. McCall, member for South Nor- 
 folk, seconded by Mr. Graham, mem- 
 ber for West Hastings, as follows ; — 
 ' That, inasmuch as one-tenth of the 
 ' constituencies of this Province remain 
 ' at this time unrepresented in this 
 ' House, by reason of six of the mem- 
 ' bers elected at the last election having 
 ' had their seats declared void, and a 
 * seventh having become vacant by rea- 
 ' son of a double return, and an eighth 
 ' by reason of the resignation of a 
 ' member elected thereto, it is inexpe- 
 ' dient further to consider the question 
 ' involved in the amendment until the 
 ' said constituencies are duly represon- 
 ' ted on the floor of this House.' 
 
 The House refused to accept the 
 amendment, not so much because its 
 proposition was on the face of it unrea- 
 sonable — seeing that it was by its own 
 defective legislation some of the seats 
 were then vacant pending the issue of 
 new writs — as because an adjournment 
 was evidently suggested as the dtrnier 
 resort of a Minister who had already 
 admitted the competence of the As- 
 sembly by inviting it to express con- 
 fidence in him by voting the Address, 
 while, at the same time, disput- 
 ing it» right to condemn. Mr. Sand- 
 
8 
 
 DURATION OF THE LEGISLATIVK ASSEMBLY. 
 
 field Mavjdonald however refused to 
 yield liis {wst in face of a succession of 
 ad verse votes, until ultimately defeated 
 by a majority equal to a i ajority of the 
 whole House. And, iuiniediately after 
 then 3w()rovernuientaad l»«jen installed 
 in office and had m^t the Legislature, 
 an Act WHS passed wherehy ])0wer 
 was given to the Speaker, or if there 
 were not a Speaker, to the Clerk of the 
 House, to issue liis writ tc the Clerk 
 of the Crown in Chancery for a new 
 election, immediately on the receipt of 
 the Judge's report of an election having 
 been declared voitl. (35 Vic. c. 2, s. 4.) 
 The same provision is made in the 
 Dominion Controverted Elections Act, 
 1874 (37 Vic. c. 10, sec. 36). More- 
 over, so jealous is Parliament of the 
 right of constituencies to lie repre- 
 sented, that it even prefers to allow a 
 member charged with corrupt prac- 
 tices to sit and vote rather than, by 
 jiermitting a trial, at which his attend- 
 ance is neces.sary, to proceed during 
 the session, to take him away frcni his 
 duties. (38 Vic. c. 10, s. 1, Domi- 
 nion Statutes ; Consolidated Statutes, 
 Ontario, c. 11, s. 48.) 
 
 THE LAW RELATING TO THE IIOLDIXG 
 AND DURATION OF TIIK LEGISLATIVE 
 ASSEMBLY OP ONTARIO. 
 
 While, undoubtedly, the pr^^roga- 
 tive power is vested in the Lieut. - 
 Governor of calling together, of pro- 
 roguing and of dissolving tLs Legisla- 
 ture, this power is subject — as in fact 
 is that of the Sovereign — to statutory 
 limitations. By the C^th section of 
 the British North America Act (30 and 
 31 Vic. c. 3) it is enacted :—' All 
 
 * powers, authorities, and functions, 
 ' which, under any Act of the Parlia- 
 
 * ment of Great Britain, . . . or of the 
 ' Legislature of Upper Canada, Lower 
 
 * Canada, or Canada, were or are be- 
 ' fore or at the Union, vested in oi ex- 
 ' ercisable by the respective Governors 
 ' or Lieutenant-Governors of those 
 ' Provinces, .... shall, so far as the 
 
 * same are capable of being exercised 
 'after the Union in relation to the 
 
 * Government of Ontario and Quebec 
 
 * respectively, be vested in and shall or 
 
 * may be exercised, l)y the Lieutcnant- 
 ' (iovcirnoi' of Ontario and Oueb«>c re- 
 ' spec*ively, . . subject neverthele.ss 
 
 * (excf pt with respect to such as exist 
 ' under Acts of the Parliament of (treat 
 ' Britain), to be abolished or alterW 
 ' by the respective Legislatures of On- 
 
 * tario and Quebec' By the 92nd 
 ■section of the British North America 
 Act it is enacted, that the Provincial 
 Legislatures may exclusively make 
 laws in relation to certain subjects, and 
 the Hi'st recited is : ' The amendment, 
 ' from time to time, notwithstanding 
 
 mything in this Act, of the Consti- 
 ' uution of the Province, except as re- 
 
 * gards the office of Lieutenant-Gov- 
 ' ernor.' Head in connection with the 
 eSth section the term 'office' must, 
 it is submitted, be understood as mean- 
 ing the office or appointment per se, 
 with which, as it is conferred by Do- 
 minion authority, the Provincial Leg- 
 islatures cannot interfere. It cannot 
 mean the ' powers, authorities and 
 fuTictioiiS ' incidental to the office, be- 
 cause they can, as the ().5th section ex- 
 pressly provides, be ' abolished or al- 
 tered ' by the Legislatures at pleasure. 
 
 It may not be out of place here to 
 notice, as possessing a certain signifi- 
 cance, the diffisrent language employed 
 in the British North America Act in 
 regard to the sammoning of the Leg- 
 islatures of the present Provinces by 
 the Lieutenant-Governors, from that 
 of the Act of Union (3 and 4 Vic. c. 
 3.5) in defining the ])Owers of the Gov- 
 ernor of Canada. It may be conven- 
 ient to I'lace the respective enactments 
 in parallel columns : 
 
 Union- Act. 
 
 3 & 4 Vic c. 35, s. 30. 
 
 ' And, be it enacted. 
 That it shall he lawful for 
 the Governor of the Pro- 
 vince of Canada, for the 
 time heinsr, to flx such 
 place or places within any 
 
 B. N. A. Act. 
 
 30 & 31 Vic. c. 3, s. 82. 
 
 ' The Lieutenant-Gover- 
 nor of Ontario and (Que- 
 bec, shall, from time to 
 time, in the yueen'.s name 
 by instrument under the 
 <_ireat Seal "f the l^rovince,. 
 
DURATION OF THE LEGISLATIVE ASSEMBLY. 
 
 9 
 
 exercised 
 an to the 
 d Quebec 
 1(1 shall or 
 ieutcnant- 
 ^ueltec re- 
 vertheless 
 h an exist 
 it of Great 
 )!• altered 
 res of On- 
 the 92iid 
 
 America 
 Provincial 
 i\y make 
 •jects, and 
 leiidment, 
 iistanding 
 le Cousti- 
 ept as re- 
 lant-Gov- 
 1 with the 
 ce' must, 
 [ as mean- 
 it jvr se, 
 a by Do- 
 ic'ial Leg- 
 It cannot 
 itios and 
 )ltice, be- 
 3ction ex- 
 ed or al- 
 ?,)leasui'e. 
 3 here to 
 n signifi- 
 miployed 
 a Act in 
 the Leg- 
 inces by 
 •oin that 
 : Vic. c. 
 the Gov- 
 1 coiiven- 
 ictments 
 
 Act. 
 
 c. 3, s. 82. 
 
 iiaiu-Gover- 
 ) ami (^uo- 
 >ni time to 
 leeiiN name 
 under the 
 i*j l^ryvince^ 
 
 ^ 
 
 part iif Uiu r-rovlnce of iiiimmun ami call together 
 (^uniula and niich tImeH tho I^UIativu Asuvnibly 
 (ur hulilhiK tliu tIrHt a>id u( the Pruvluce.' 
 every nther He)i.<iion of the 
 Lei;iMlative ('ouncil and 
 AH-temlily "f the suid i'ro- 
 vinco a.s lu may think flt, 
 Hi'eh tinieH ani! phkces to 
 be afterward!! ehanKed and 
 varied, an the Oovermir 
 iray JudKe advinahle and 
 most consistent with Ken- 
 eral eonvenicnec and the 
 puhliv welfare, ifivniK tuf 
 flclent notice thereof ; and 
 also to pmrotfiie the said 
 LetriNlative Council and 
 As.somlily fnm time to 
 time and divsolve the same 
 by proclamalion or other- 
 wise whenever he shall 
 deem it uxiwdient.' 
 
 It may be inferred that the framers 
 of the later Act, which conferred on 
 the Provinces of Ontario and Quebec 
 a power to make changes and constitu- 
 tional amendments, which function did 
 not appertain to the Legislature of 
 Canada, intended to invest the Lieut.- 
 Governors of Ontario and Quebec with 
 no greater prerogative powers than 
 were essential to the free working of 
 the constitution as it might from time 
 to time be altered or amended, and 
 contemplated such legislation, as, in 
 respect of the summoning of Parlia- 
 ment, would make their duties purely 
 ministerial. Hence probal)ly the con- 
 trast between the Act of 1867 and the 
 Act of 1841, in this particular. 
 
 The British North America Act 
 further provides : (Sec. 85.) 
 
 ' Every Legislative Assembly of On- 
 
 * tario and every Legislative Assembly 
 ' of Quebec, shall continue for four 
 ' yeai-s from the day of the return of 
 ' the writ'i for choosing the same (sub- 
 'ject, nevertheless, to either being 
 ' sooner dissolved by the Lieutenant- 
 
 * Governor of the Province), and no 
 ' longer.' And, by the 86th section, it 
 ia provided : — 'There shall be a session 
 ' of the Legislature of Ontario and of 
 ' that of Quebec, once at least in every 
 ' year, so that twelve months shall not 
 ' intervene between the last sitting of 
 ' the Legislature in each Province in 
 ' one session, and its first sitting in the 
 ' next session. ' 
 
 No change has been made by the 
 
 Legislature of Onta.-io in its conotitu- 
 tion in the tort going re.='T)ectA In 
 regard to one constituency, Algoma, 
 it is, as we have already seen, pro- 
 vided (39 Vic. c. 10, sec. 1.3) that the 
 election for the Local Legislature 
 shall be held between * the twentieth 
 day of May and the end of Noveml)er,' 
 while in the Dominior Act (37 Via 
 c. 9, sec. 14) the peculiar circum- 
 stances of the district of Algoma are 
 met by an enlargement of the time 
 allowed for the issue of the proclama- 
 tion by the Returning Otiicer and the 
 holding of the election. Both Statutes 
 clearly contemplate the same ooject, 
 although the Provincial Act gives a 
 greater latitude to its provisions, than 
 does that of the Dominion. There are 
 special > <asons for this, and in these 
 will be found a cogent argument in 
 favour of the claim of Algoma to be 
 represented, even at some apparent 
 occasional inconvenience to the other 
 portions of the Province. 
 
 SPKCIAL CLAI.MS OF ALGOMA. 
 
 (1) In area, Algoma probably em- 
 braces ^ths of the whole of Ontario. 
 (2) Its interests are mainly loeal, and 
 the objects consequently of Provincial 
 legislation. (3) Its lands are, to a 
 large extent, unpatented, and in the 
 hands of the Crown in Ontario. (4) 
 Its i)rincipal sources of wealth are 
 its minerals, timber, and fur-bearing 
 animals — all matters of Provincial 
 legislation. (5) It is so sparsely peo- 
 pled, that its loc d improvements and 
 much that, in older sections, may be 
 effected by local municipal authority 
 ! must, for some time to come, devolve 
 upon the Provincial Executive and 
 [ Legislature. (6) It is to a large ex- 
 '. tent geographically isolated during 
 the winter months, and the progress 
 of an election at that period, owing 
 partly to climate but much more to 
 the absence of internal communica- 
 tions, is attended with much difficulty 
 and some personal danger. Mr. Bor- 
 ron the Dominion member fi'om 18'^4 
 
IRft 
 
 10 
 
 DURATION OF THE LEGISLATIVE ASSEMBLY. 
 
 to 1878, nearly lost his life during his 
 canvass in 1874, owing to the season 
 at which the election was held. (7) 
 Algoma contributes a v«ny consider- 
 able sum to the Provincial revenue, 
 and is, moreover, the subject of special 
 taxation in the shape of a Land Tax on 
 patented lands not included in any 
 municipality. 
 
 It may be observed then, (1) that, 
 whereas the interests and circum- 
 stances of most of the older electoral 
 (''■'tricts are identical, those of Algoma 
 are special, singular and such as to 
 establish claims to exceptional consi- 
 deration. (2; That the case of Gasp6 
 was not in any sense so strong as is 
 that of Algoma ; and (3) that, not only 
 by exceptional legislation a^ respects 
 the holding of elections, ' ifc by an 
 exceptional suffrage, has the import- 
 ance of Algoma being d ily repre- 
 sented been recognized. In the British 
 North America Act (sec. 84), it is 
 provided, that until the Legislature 
 of Ontario shall otherwise enact, in 
 addition to persons qualified to vote 
 under the general law of Canada, 
 every male householder in Algoma, 
 twenty-one years of age, shall enjoy 
 tlie franchise. The Legislature of 
 Ontario, which has surrounded the 
 exercise of the franchise with great 
 precautions, and established a most 
 perfect machinery for the preparation 
 and adjustment of the Voters' Lists, 
 nevertheless adopts the principle of 
 the clause in the British North Ame- 
 rica Act above quoted, and allows 
 every male person to vote who is the 
 owner of real estate to the value of 
 200 dollars, subject to six months' 
 residence, although the name of the 
 voter may not be on any assessment 
 roll. It cannot then have been intended 
 that a Legislative Assembly of Onta- 
 rio should have been complete without 
 the member for an electoral district so 
 expressly provided for, or that, under 
 any circumstances, Algoma should 
 have been disfranchised. 
 
 It must be remembered we are deal- 
 ing with a Local Legislature with very 
 
 important functions and granted by its 
 charter extraordinary powers over its 
 own area of government, including 
 even the right to change its own con- 
 stitution. The principle of self-govern- 
 ment is conceded all but absolutely. 
 Such a body has a right to regard, 
 and is certain to regard, ordinary pub 
 lie convenience as paramount to merely 
 theoretical questions of prerogative. 
 It was far more likely to ask it- 
 self what was the most suitable time 
 for an election to be held in Algoma 
 than to take account of possible or im- 
 possible constitutional exigencies. And 
 even if a Statute worked inconvenience, 
 although that may afford an argument 
 for its repeal or amendment, it does 
 not prove it to be ultra vires or avoid 
 its consequences. Supposing, how- 
 ever, the whole election law were ullra 
 vires — what then 1 Why the duty of 
 the Lieutenant Governor would obvi- 
 ously be to do without the Statute and 
 by the exercise of his prerogative what 
 he has now done under the Statute, 
 and to summon Parliament at such 
 time as would meet public conve- 
 nience everywhere. His writ or 
 proclamation was good, law or no 
 law. It could only be :^uestioned, 
 if issued contrary to law. But the 
 law relating to Algoma has, so far, 
 been attended with no inconvenience, 
 and the Legislature had before its eyes 
 a state of things that forbade the pre- 
 sumption that it would be attended 
 with inconvenience. When the ninety 
 days' provision of the Act of 1888-9 
 was changed to one which limited the 
 period for holding the election to the 
 time between the 20th May and the 
 end of November, the Provincial Le- 
 gislature had been constituted nine 
 years and had witnessed three general 
 elections, all arising out of the regular 
 operation of the constitution. The 
 first election after Confederation was 
 heralded by a proclamation bearing 
 date August 7, 1867. The writs were 
 returnable on the 24th September 
 following. The House met on the 27th 
 December and sat, with a short ad- 
 
DURATION OF THE LEGISLATIVE ASSEMBLY. 
 
 11 
 
 journment — from the 1st to 8 th Janu- 
 ary—to March 4th, 1868. The Legis- 
 lature elected in 1867, having run its 
 course of four annual sessions, was dis- 
 solved by a proclamation dated Febru- 
 ary 25th, 1871. The writs, generally, 
 for the new election were made return- 
 able on the 7th April except the wi'it 
 for Algoma, which was made retui'n- 
 able on the 27th May. The House 
 met for business on the 7th December, 
 
 1871, and — with an adjournment con- 
 sequent on a change of Administra- 
 tion from 22nd December, 1871, to 
 18th January, 1872 — sat till March 2, 
 
 1872. The second Parliament of On- 
 tario was dissolved by proclamation 
 issued on the 23rd December, 1874. 
 The writs for the elections generally 
 were returnable on the 2nd of Febru 
 ary, and that for Algoma was return- 
 able on the Uth August, 1875. The 
 Hoiise met for business on the 24th 
 November, 1875, and sat till Febru- 
 ary 10, 1876. So that, the experience 
 already had, and the knowledge pre- 
 sent to every member of the House, 
 that the Legislature must, ordinarily 
 to suit public convenience, meet, as it 
 had hitherto met, in the Fall or win- 
 ter, made the arrangement as respects 
 Algoma, a perfectly na ..ral and rea- 
 sonable one. 
 
 ' The 1 3gislative Assembly of On- 
 
 * tario,' says the B. N. A. Act, section 
 70, * shall be composed of eighty (wo 
 ' members, to be elected to represent 
 
 * the eighty -two elec*;oraI districts set 
 
 * forth in the first schedule of this Act.' 
 So stood the law until 1874, and in 
 the Representation Act of that year 
 (38 Vic. sec. 1, Ont.), it is enacted : 
 ' The Legislative Assembly shall be 
 composed of eighty-eiijht member.s ; 
 and the Province shall, for the pur- 
 poses of the election of members to 
 serve in the Legislative Assembly, con- 
 tinue to be divided into the several 
 electoral districts established by "The 
 British North America Act," each re- 
 presented, as it now is, except where 
 Altered by this Act' 
 
 Without Algoma the House covild 
 
 have been composed neither of eighty- 
 two members under the former, nor 
 of eighty-eight members under the 
 latter statute, but only of eighty-one 
 or eighty-seven. 
 
 We are, consequently, bound to as- 
 sume that there was no intention on 
 the part of the Legislature to disfran- 
 chise Algoma by any enactment that 
 would make it possible to have an ef- 
 fectual meeting of the House, pending 
 an election in due course of a repre- 
 sentative from that district. 
 
 THE OBJECTIONS RAISED TO THE PRE- 
 SENT LEGISLATIVE ASSEMBLY OF 
 ONTARIO CONTINUING IN SESSION 
 AFTER THE 2nD FEBRUARY, 1879. 
 
 The constitution having provided 
 that the Legislative Assembly shall 
 continue for four years from the day 
 of the return of the writs for choosing 
 the same (unless sooner dissolved), avd 
 no longer, it has been argued that, see- 
 ing that the writs, excepting the writ 
 for Algoma, calling the Assembly, 
 were made returnable on the 2nd Feb- 
 ruary, 1875, the four years' limit must 
 have expired on the 2nd February, 
 1879. 'To this it is very forcibly re- 
 plied, ' The return of the writs means 
 the return of all the writs ; not of 
 some but of the whole, not of eighty- 
 seven but of eighty -eight' The Legisla- 
 ture having provided that the election 
 for Algoma shall not be held except at 
 a period subsequent to the second of 
 February — namely, between tho 20th 
 May and the end of November — and 
 the writ for Algoma being, in accord- 
 ance with this provision, made return- 
 able on the 14th August, the Legisla- 
 tive Assembly could not be completely 
 constituted until that date (August 
 14th), and, consequently, the four 
 years' term would not expire until the 
 14th August, 1879. 
 
 It is not for one moment contended 
 that every member mu^it be in his 
 place to give validity to Parliamentary 
 
 PrnnfifldinorH Ttiif t.Vifi Inw an voa Viave 
 o~ -^ — ■■ 1 — ■• "*' '- 
 
 already seen, is careful that whenever 
 
 
12 
 
 DURATION OF THE LEGISLATIVE ASSEMBLY. 
 
 tha Crown calls together the Council 
 of the nation, from no enfranchised 
 portion of the n.,*'on shall the oppor- 
 tunity of being represented be with- 
 held. Jf, by accident or negligence, 
 the representative is absent, then his 
 constituency must take the risk of any 
 possible injury to its own or common 
 interests. In the language of the 
 Great Charter, already quoted, ' The 
 ' business shall proceed on the day ap- 
 ' pointed according to the counsel of 
 ' those 2)resent, although all who had 
 ' been summoned have not come.' 
 
 In the recent debate in the Legis- 
 lative Assembly, Mr. Meredith, the 
 leader of the Opposition, cited in- 
 stances of the Parliament of Great 
 Britain or Canada meeting while cer- 
 tain constituencies were unrejiresented. 
 He named the Knaresbro' case in 
 1805; the Carmarthen case, in 1831, 
 both in Great Britain ; and the Kent 
 casein 1841, and the Kamouraska case 
 in 1867-8, both in Canada. But 
 not one of these is in the least applic- 
 able as a ])recedent in relation to the 
 jn-esent discussion. It is alleged that 
 Parliament has virtually caused the 
 disfranchisement of Algoina in certain 
 circumstances. In every one of the 
 four cases mentioned there had merely 
 been a failure to carry out the law, a 
 matter against M'hich no Legislature 
 can absolutely provide. At Knares- 
 bro' a by-election was required, owing 
 to the sitting member having accepted 
 the Chiltern Hundreds. A riot took 
 place, which prevented the Returning 
 Officer from obeying the writ, and a re- 
 turn was made by him accordingly. At 
 Carmarthen, in 1831, there was also a 
 riot arising out of the Reform Bill ex- 
 citement. The Sheriffs consequently 
 did not hold the election, and were 
 censured by the House of Commons 
 for failing to do their duty. At the 
 Kent (Canada) election, in 18-11, the 
 Returning Officer refused to return 
 the member who had the largest num- 
 ber of votes. This was reported to 
 the House (the tir3t Legislative As- 
 sembly of Canada after the Union) 
 
 on the 15th June, its day of meeting, 
 and, two days later, the excluded 
 member took his seat, the return hav- 
 ing been, by order of the House, 
 amended in his favour. The election 
 for Kamouraska, in 1867, was inter- 
 rupted by a disturbance. A special 
 return to that effect was made. The 
 House of Commons referred the mat- 
 ter to the Committee on Privilege.s 
 and Elections, and that body reported 
 the facts, and declared the Returning 
 Othcer unfit to perform his duties. So 
 that none of these cases bear at all 
 upon the point at issue. 
 
 It has also been suggested as prima 
 facie evidence, at all events, of the 
 Government of Ontario having re- 
 garded the present Legislature as 
 complete on the 2nd February, 1875, 
 that they had advised the issue of a 
 ])rocl;imation summoning the new 
 Assembly to meet on that day, and it 
 is claimed that they had thu; given 
 life to the Legislature, and so had 
 put themselves 'out of court.' No 
 l)roclamation, however, can change 
 the law, or be valid unless within the 
 four corners of the law. No illegality 
 or error of the Executive, or officer of 
 the Executive, can be set up as a plea 
 for over-riding a Statute. But an ex- 
 amination of this particular proclama- 
 tion, and of the circumstances under 
 which it was issued, as well as of the 
 practice in regard to such proclaraa 
 tions in the past, will show that the 
 argument founded upon its issue is 
 worthless. Nothing is clearer than that 
 the proclamation fixing the 2nd Feb- 
 ruary, 1875, as the day for the Legis- 
 lature to meet was a mere compliance 
 with custom or usage, and was never 
 intended to bring those of the mem- 
 bers-elect, of whose elections returns 
 had been made, to Toronto. The pre- 
 vious liegislative Assembly had voted 
 the supplies for 1875, and no emer- 
 gency called for the summoning of itp 
 successor, which, as a matter of fact, 
 did not meet until November, 1875. 
 So that it is utterly absurd to suppose 
 that, by issuing the proclauiatiou in 
 
 \(^ 
 
MR*: 
 
 DURATION OF THE LEGISLATIVE ASSEMBLY. 
 
 13: 
 
 I meeting, 
 excluded 
 etiirn bav- 
 le House, 
 le election. 
 was inter- 
 A special 
 ade. The 
 [ the mat- 
 Privileges 
 f reported 
 Eleturning 
 iuties. 80 
 sar at all 
 
 1 as prima 
 ts, of the 
 aving re- 
 lature as 
 iry, 1875, 
 issue of a 
 the new 
 ly, and it 
 lus given 
 i so had 
 urt.' No 
 1 change 
 within the 
 illegality 
 ortioer of 
 as a plea 
 Jut an ex- 
 |)roclama- 
 ces under 
 as of the 
 )roclaraa 
 that the 
 1 issue is 
 than that 
 •2ni\ Feb- 
 be Legis- 
 )nipliance 
 i^as never 
 /be mem- 
 s returns 
 The pre- 
 lail voted 
 no emer- 
 ing of itp 
 r of fact, 
 er, 1875. 
 } suppose 
 latiuu in 
 
 question, any meeting of the House 
 was intended. But, in the next place, 
 the proclamation bears on its face the 
 proof that it was a merely formal 
 document. Even the words which 
 occur in some subsequently issued, but 
 equally inoperative — ' therein do as 
 may seem necessary,' and the injunc- 
 tion, ' Herein fail not ' — are omitted. 
 It is a bald, meagre notification only. 
 There is not the slightest indication 
 that ' the despatch of business ' was 
 contemplated. The subsequent pro- 
 clamations proroguing the House 
 from the 2nd of February to the 
 15th of March, f"om the 15th of 
 March to the 24th of April, from the 
 24th of April to the 3rd of June, from 
 the 3rd of June to the 12th of July, 
 from the 12th of Ju^y to the 21st of 
 August, from the 21st of August to 
 the 30th of September, and from the 
 30th of September to the 9th of No- 
 vember, do contain the words just 
 quoted but omitted in the first pro- 
 clamation, although no intimation is 
 given that ' the despatch of business ' 
 is contemplated. But the final pro 
 clamation, fixing the 24th of Novem- 
 ber as the day of meeting, concludes as 
 follows : ' That personally you be and 
 appear for the despatch of busi- 
 ness, to treat, act, do and conclude 
 upon those things which in our Legis- 
 lature of the Province of Ontario, by 
 the Common Council of our said Pro- 
 vince, may, by the favour of God, be 
 ordained.' The contrast between the 
 language of the proclamation just 
 quoted and its predecessors supplies 
 an inference far stronger against the 
 presumption that any meeting of the 
 House on the 2nd of February was 
 intended, than any that can be drawn 
 from the mere issuing of the proclama- 
 tion of the 2nd of February, in order 
 to justify an argument in its favour. 
 The fiction thus preserved in the issu- 
 ing of these proclamations calling to- 
 gether a Legislature that never re- 
 sjxtnds to the command is analagous 
 to that which the old Chancery sum- 
 mons bore on its face when it ordered 
 
 ' tnat laying all other matters aside, 
 and notwithstanding any other excuse, 
 you personally appear before Us in. 
 Our said Chancery the day of 
 inst., wheresoever it shall then be, to 
 answer,' ifec. There is just this differ- 
 ence, however, that whereas some 
 simple-minded folks did actually and 
 at much inconvenience now and then 
 present themselves personally to the 
 Court of Chancery on the day named, 
 no legislator was ever known to ar- 
 rive at the place of meeting until or- 
 dered to do so ' for the despatch of 
 business.' 
 
 A reference to the past practice in 
 regard to these proclamations corrob- 
 orates the view we have thus far taken, 
 of them. By the Act of Union, as 
 already mentioned, Jifty daijs were al- 
 lowed in all cases between the teste 
 and the day named for the return of 
 the writs for a general election. Up 
 to 1851-2 no v^xception was made on 
 behalf of any remote constituencies, 
 the fifty days being apparently re- 
 garded as sufficient for all. And on 
 no occasion was Parliament convened 
 without a complete return. Li 1841 
 the writs bore teste February 19th, 
 and were returnable on the LoL Ajnil. 
 The ^first proclamation called Par- 
 liament together for the 8th April, it 
 was then jjrorogued to the 26th May, 
 and then to the 14th June, when it 
 was summoned to meet ' for the de 
 spatch of business.' In 1844 the writs 
 bore teste Sept. 24, and were return- 
 able on the 12th November. The 
 proclamation summoned the new Par- 
 liament to meet on the 1 2th Novem- 
 ber ; it was prorogued to the 28th 
 Nov., and was then summoned to meet 
 'for the despatch of business.' In 
 1847 the writs bore teste Dec. 6. They 
 were returnable on the 24th January, , 
 1848, and the proclamation summon- 
 ed Parliament for that day. It was 
 prorogued to the 4th March, but af 
 terwards called together ' for the de- 
 spatch of business ' on the 25th Feb- 
 ruary. In 1851 the writs were is- 
 it^ued on the 6th November, and made • 
 
14 
 
 DURATION OF THE LEGISLATIVE ASSEMBLY. 
 
 returnable on the 24th December, ex- 
 cept those for Gaspe and Saguenaij, which 
 were made returnal)le on the 2nd Feb- 
 niary, 1852. Yet Parliament was 
 formally called for the 24th Deceiii- 
 ber. But did anybody dream of the 
 House proceeding to business on that 
 
 •day while the elections for the ex- 
 cepted districts had not come off ? The 
 'Legislature, after several prorogations, 
 was at length summoned ' for the de- 
 spatch of business ' on the 1 9th Au- 
 gust, 1852. The Gasp6 election was 
 held on the 24th January, 1852, and 
 the Saguenay election on the 26th 
 
 •January, 1852, the returns being re- 
 ceived on the 4th and 9th February 
 
 ■respectively, or after Parliament had 
 been twice formally prorogued as 
 above described. In 1854 the writs 
 were returnable on the 10th August, 
 except Saguenay and Gasp^, and 
 
 • Chicoutimi and Tadoussac, which were 
 returnable on the 1st September. Yet 
 Parliament was formally summon- 
 
 ■ ed for the 10th August. But no one, 
 we may i be sure, supposed it could 
 actually meet with Gasp6 and Sague- 
 
 'nay, and Chicoutimi and Tadoussac 
 still to be heard from. Parliament 
 was prorogued to the 5th Sept., when 
 
 ■ it was called together 'for the despatch 
 of business.' The excepted returns 
 were made as follows : — 
 
 Return of Ueceipt of 
 
 „ , M bers. Returns, 
 
 Gaspe Aug. 21 Aug. .31 
 
 ' Chicoutimi and Tadous.sac.. Aug. 22 Aug. 25 
 
 ; Saguenay Aug. 4 Aug, 28 
 
 So that, although there was a meet- 
 i ing of Parliament very early after the 
 
 ■ elections, care was taken that the 
 three remote constituencies should be 
 
 • afforded the opportunity of being re- 
 presented. In 1857 the writs gener- 
 ally were made returnable on the 13th 
 January, 1858, and those for Gasp4, 
 and Chicoutimi and Saguenay, and 
 
 'Cliarlevoix, on the 10th of February. 
 But Parliament was formally sum- 
 moned to meet on the 13th January. 
 It was prorogued, first to the 18th 
 February, and then to the 25th Feb- 
 
 ixuary, when it met ' for the despatch 
 
 of businesa' The excepted elections 
 took place after the day named in the 
 formal proclamation for the meeting 
 of Parliament as follows : — 
 
 Return of Receipt of 
 
 Members. Returns. 
 
 Gasi)6 Jan. 13 Feb. 3 
 
 Chicoutimi and Saguenay . . Jan. 28 Feb. 9 
 
 Charlevoix Jan. 19 Jan. 27 
 
 Here again, although an early meet- 
 ing took place, ample time was al- 
 lowed to elapse between that event 
 and the latest returns. In 1861 the 
 writs were made returnable on the 
 15th July, except those for Gasp6, 
 and Chicoutimi and Saguenay, which 
 were made returnable on the 31st Au- 
 gust. But Parliament was, as usual, 
 called for the earlier day, namely, the 
 15th July, although only to be several 
 times prorogued, being ultimately 
 summoned 'for the despatch of busi- 
 ness ' on the 20th March, 1862. The 
 excepted elections took place as fol- 
 lows : — 
 
 Rettirn of 
 Members. 
 
 Receipt of 
 Returns. 
 
 Chicoutimi and Saguenay . . July 16 July V2. 
 
 Gasri6 July 22 July 29 
 
 In 1863 the writs were returnable on 
 the 3rd July, except Gasp^, and Chi- 
 coutimi and Saguenay, which were re- 
 turnable on the 15th July. But Par- 
 liament was formally called for the 3rd 
 July, and, having been twice pro- 
 rogued, met on the 15th August ' for 
 the despatch of business.' The ex- 
 cepted elections were held as follows: — 
 
 Return of Receipt of 
 Members. Returns 
 
 Chicoutimi and Saguenay . . Julv 14 July 20 
 
 Gaspfi July 20 July 27 
 
 Thus, during the whole history of 
 United Canada, from the Union in 
 1841 to the last Parliament before 
 Confederation, we find (1) that it was 
 the all but invariable custom to issue 
 a formal proclamation summoning 
 Parliament to meet on the day on 
 which the main body of the writs 
 were returnable, and (2) that in 
 no single instance was Parliament 
 convened 'for the despatch of busi- 
 ness ' until the time for holding and 
 
 < 
 
 
 ^ 
 
I elections 
 ned in the 
 3 meeting 
 
 f Receipt of 
 Returns. 
 
 Feb. 3 
 Feb. 9 
 Jan. 27 
 
 irly meet- 
 e was al- 
 hat event 
 
 1861 the 
 le on the 
 >r Gasp6, 
 ay, which 
 3 Slst Au- 
 
 as usual, 
 imely, the 
 be several 
 iltimately 
 a of busi- 
 ;62. The 
 ice as fol- 
 
 ' Receipt of 
 Returns. 
 
 July 22 
 July 29 
 
 rnable on 
 
 and Chi- 
 
 h were re- 
 
 But Par- 
 or the 3rd 
 wice pro- 
 igust ' for 
 
 The ex- 
 'ollows: — 
 
 Receipt of 
 Returns 
 
 July 20 
 July 27 
 
 istory of 
 Union in 
 at before 
 lat it was 
 fi to issue 
 mmoning 
 } day on 
 the writs 
 that in 
 arliament 
 I of busi- 
 iding and 
 
 DURATION OF THE 
 
 making due returns of the whole of 
 the elections had passed. 
 
 In 1867 the writs for the Dominion 
 elections were made returnable ou the 
 24th Sept., except those for Gasp^, 
 and Chicoutimi and Saguenay, which 
 were returnable on the 24th October. 
 Parliament was summoned for 24th 
 Sept, but prorogued, and finally met 
 ' for the despatch of business ' on the 
 6th November. The date of the re- 
 turn of the member for Chicoutimi 
 was the 16th, and for Gasp6 the 24th 
 Sept. The date of the receipt of the 
 respective returns was 24th Sept. and 
 2nd October respectively. 
 
 In 1872 Manitoba and British Col- 
 umbia had joined the Dominion. 
 So the writs were made returnable, 
 generally, on the 3rd Sept., except 
 those for Gaspe, Chicoutimi and Sag- 
 uenay, Manitoba and British Colum- 
 bia, which were made returnable on 
 the 12th October, on which day, also. 
 Parliament was formally called to- 
 gether. It was, however, as usual, 
 prorogued, and finally called 'for the 
 despatch of business' 5th March, 
 1873. The excepted elections took 
 place as follows : — 
 
 Return of Receipt of 
 Members. Returns. 
 
 Chicoutimi and Saguenay . . Sept. 10 Sept. 14 
 
 Gasp* Au(f. 21 Sept. 4 
 
 Manitoba. 
 
 Selkirk Sept. 26 Oct. 9 
 
 Proveucher Sept. 14 Sept. 28 
 
 Lisgar Sept. 19 Sept. 30 
 
 Marquette Sept. 19 Sept. 30 
 
 Bntish Coluvibia. 
 
 Cariboo Sept. Uct. 2 
 
 New WestminsU r Auk- S3 Sejit. 12 
 
 Vancouver Auj,'. 28 Sfpt. 18 
 
 Victoria Sept. 3 Oct. 10 
 
 "Vale Oct. U Nov. 12 
 
 All the elections consequently were 
 over before the writs were ' return- 
 able,' although, probably from local 
 difficulties, it would have been impos- 
 sible in some cases for a return to 
 have been received and the members 
 elect sworn in on or previous to the 
 12th of October, had the House then 
 met. 
 
 In 1874, precisely the same course 
 
 EGISLATIVE ASSEMBLY. 
 
 15 
 
 was followed as in 1872, the writ* 
 generally being returnable on the 21st. 
 of February, and those for the excep- 
 ted districts 011 the 12th of March,, 
 the day of the formal summons. But, 
 as the writ for Algoraa was, appa- 
 rently from inadvertence, not classe 
 with the excepted returns, a fresh- 
 proclamation was issued, making that 
 writ also returnnble on the 12th of 
 March. Parliament was prorogued 
 from the 12th to the 26th of March, 
 and then met ' for the despatch of 
 business. ' 
 
 In Ontario, all the writs for the 
 first Legislature after Confederation 
 were made returnable on the 24 th of 
 September, 1867, and, by proclama- 
 tion, the House was convened for that 
 day. It was ultimately called 'for 
 the despatch of business ' on the 13th 
 of December. All the elections had 
 been held before the end of Septem- 
 ber, but no less than four — namely. 
 Both well, Gar dwell, North Middleser., 
 and North York — were held on or after 
 t/ie '^^-l-h of September, the day named 
 in the formal proclamation, while 
 the receipt of no less than 21, or more 
 tlian one-fourth of the tvhole number of 
 ivrits, was delayed until subsequent to 
 the 24th of September. Now, it will 
 be recollected that, in 1867, the date 
 of each separate election was fixed by 
 the Government, and no one can sup- 
 pose that so experienced a parlia- 
 mentarian as Mr. J. Sandfield Mac- 
 donald, then Premier, really intended 
 to open his first session while twenty- 
 one returns were still incomplete and 
 several members nut even elected. That, 
 surely, gives the finishing stroke to 
 any argument founded on the word- 
 ing of these formal proclamations. 
 
 In 187 1 the writs were made return- 
 able on the 7th of April, except the writ 
 for Algoma, which was returnable on 
 the 27 th of May, and, for the first 
 time, a day for all the elections (ex- 
 cept Algoma) was named in the pro- 
 clamation. The Legislature was call i 
 for the 7th of April, but, having been 
 repeatedly prorogued, met ' for the 
 
16 
 
 DURATION OF THE LEGISLATIVE ASSEMBLY. 
 
 despatch of business' on the 7th of De- 
 cember. The nominations and pollings 
 (except in Algoma) were respectively 
 held on the Uth and 2l8t of March, 
 1871, and for Algoma the date of the 
 ■return is given as the 5th of May, the 
 return being received on the 15th of 
 May, 1871. In 1875, as already ob- 
 served, the writs were generally re- 
 turnable on the 2nd of February, and 
 for Algoma on the 14th of August. 
 The House stood prorogued from time 
 to time to the 24th of November, 
 1875. The practice which long ob- 
 tained in Canada of naming as the day 
 of meeting, the day on which the writs 
 generally were returnable, was doubt- 
 less copied from that of Great Britain, 
 where no exceptional conditions ex- 
 isted. It does not, however, fol- 
 low by any means that the Parlia- 
 ment of Great Britain alv iys meets 
 on the day first appointed. May says 
 on this point (p. 52) : ' The interval 
 ' between a dissolution and the assem- 
 ' bling of the new Parliament varies 
 ' according to the period of the year, 
 * the state of public business, and the 
 ' political conditions under which an 
 ' appeal to the people may have become 
 ' necessary. When the session has 
 ' been concluded, and no question of 
 ' ministerial confidence or responsi- 
 ' bility is at issue, the recess is gene- 
 ' rally continued by prorogation until 
 ' the usual time for the meeting of 
 ' Parliament' 
 
 THE ALLEGED INVASION OF THE PRE- 
 ROGATIVE. 
 
 It is alleged that, by virtually pro- 
 hibiting or pi-ecluding the assembling 
 of a new parliament, pending the 
 election for Algoma, the prerogative 
 is violated. In answer to this it may 
 beobserved that, whilethe summoning, 
 prorogation and dissolution of Par- 
 liament are undoubtedly attributes of 
 the prerogative, they are nevertheless 
 subject to the restraints and limita- 
 tions of law. Every Act must have 
 the assent of the Crown, and if the 
 
 Crown thus be a consenting party to 
 an abridgement of the prerogative, no 
 wrong is done to the rights of the 
 Crown by such legislation. The forty 
 days secured by the Barons in Magna 
 Charta for the summoning of the 
 ' Common Council of the Kingdom,' 
 virtually suspended the prerogative 
 for ^that space of time. So did the 
 forty days statutory provision of Wil- 
 liam III. So did the fifty days of the 
 Scotch Union Act. So did the fifty 
 days of the Union Act of Canada. So 
 did the ninety days allowed by the 
 Ontaiio Act of 18G8-9 for Algoma in 
 the winter season. So has nearly; every 
 statutory limitation or security which 
 has been considered by the Crown as 
 advised by Parliament, essential to the 
 privileges of the electorate. 
 
 By the Act of 36th Edward III. it 
 was enacted that ' Parliament shall 
 be holden every year.' The Triennial 
 Act, () k 7 William & Mary, c. 2, 
 enacted that ' from henceforth Parlia- 
 ment shall be holden once in three 
 years, at the ](>ast.' By the Septen- 
 nial Act, 1 Geo. I, c. 38, the duration 
 of Parliament was limited to seven 
 years, so that the Sovereign might 
 not be able by the aid of a servile or 
 corrupt Parliament to abuse the prero- 
 gative. The Canadian Acts providing 
 for the annual convening or duration 
 of the Parliament or Legislatures, are 
 but reflections of the British Statutes. 
 The most potent influence over the 
 acts of the Crown and an all-powerful 
 check on the abuse of the prerogative 
 is, however, the voting of supplies. 
 The granting of these for one year 
 only compels the summoning of Par- 
 liament annually quite as eftectually 
 as any law. The fact is that, inter- 
 preted by modern practice, usage and 
 ideas, the prerogative is simply a 
 power held in trust by the Crown for 
 the people, a power, consequently, 
 that may be enlarged or contracted by 
 the joint action of the Crown and the 
 people, and which has been subject to 
 both in many wa^s. TTence it ig not 
 to be argued that if, by the joint ac- 
 
 ''» 
 
 m 
 
DURATION OF THE LEGISLATIVE ASSEMBLY. 
 
 17 
 
 g party to 
 ■)gative, no 
 ;hts of the 
 
 The forty 
 I in Magna 
 ig of the 
 Kingdom,' 
 )rerogative 
 5o did the 
 on of Wil- 
 lays of the 
 d the fifty 
 'anada. 80 
 '■ed by the 
 A.lgoma in 
 ^&,Y\y every 
 rity which 
 
 Crown as 
 itial to the 
 
 ard III. it 
 nent shall 
 
 Triennial 
 ary, c. 2, 
 •th Parlia- 
 ! in three 
 le Septen- 
 B duration 
 
 to seven 
 ign might 
 
 servile or 
 the prero- 
 providing 
 V duration 
 itures, are 
 1 Statutes. 
 
 over the 
 1-powerful 
 rerogative 
 ■ supplies. 
 
 one year 
 igof Par- 
 ^ftectually 
 lat, inter- 
 usage and 
 simply a 
 Drown for 
 sequently, 
 tracted by 
 n and the 
 subject to 
 e it ig not # 
 
 ) joint ac- 
 
 tion of the Crown and the people, it 
 has been decided that there shall be 
 no session of a new parliament during 
 certain months in the year or for a 
 given period of time, this would be an 
 unlawful or improper infringement 
 upon the prerogative, especially by a 
 body that has a right to alter or amend 
 the constitution. 
 
 But does the Algoma proviso really 
 prejudice the prerogative? We have 
 seen that it has not done so in the 
 past, nor is likely to do so. Tlie case 
 is supposed of a political crisis, say in 
 the Fall, necessitating a dissolution. 
 The Legislature might, it is suggested, 
 refuse to vote supplies, and no appeal 
 to a new House could be had until the 
 July following at the earliest. Is the 
 Crown to be thus deprived of the 
 means for carrying on the government 
 for some seven or eight months ? The 
 ans\^er is that, while the Crown would 
 have the right to dissolve, harmony 
 between the Crown and the Legislature 
 could be secured by a change of Minis- 
 ters. The prerogative is not anarbitraiy 
 instrument, but one always to be used 
 judiciously and solely in the public 
 interest. A Governor may have to 
 decide between a change of Ministers 
 and a stoppage of the Queen's busi- 
 ness. In that case he must act on his 
 best judgment, Supposing, however, 
 by forcing him to accept, as the result 
 of an appeal to the country, the will of 
 a partially constituted House only, and 
 Ministers in whom a majority of the 
 country, if represented by a complete 
 House, would have no confidence, what 
 would then become of the rights of 
 the Crown 1 It might get supplies, it 
 is true, but at the price of the prero- 
 gative. 
 
 THE ARGUMENT OF CONVENIENCE. 
 
 In the foregoing remarks the ques- 
 tion of convenience lias been inciden- 
 tally referred to. It is argued that the 
 inconvenience of the arrangement 
 which limits elections in Alsfomn. td 
 certain months in the year, is to have 
 
 i < 
 
 great weight in considering the inten- 
 tions of the Legislature, when framing 
 the Statute. Mr. Scott, M. P. P. , in his 
 argument, quoted from ' Maxwell's 
 Interpretation of the Statutes,' in sup- 
 port of this view. Maxwell, in his 'In- 
 ' terpretation of the Statutes,' page 166, 
 says ' An argument drawn from an in- 
 ' convenience, it has been said, is for- 
 ' cible in law, and no less force is due 
 ' to any drawn from an absurdity or 
 ' injustice.' But 'inconvenience' alone 
 is not sufficient to invalidate a Statute 
 that is clear and unmistakable in its 
 terms. The law books ai-e full of 
 decisions, some of which are to be found 
 in 'Maxwell' (p. 5), distinctly insisting 
 on adherence to the express letter 
 of the Statute, no matter what the 
 consequences, oi-, in other words, the 
 ' inconvenience' may be. In ' Max- "ell ' 
 p. 4, occurs the following passage : ' If 
 ' the words go beyond what was the in- 
 ' tention, cflfect must nevertheless be 
 ' given to them. They Cannot be con- 
 ' strucd conti-ary to their meaning 
 ' merely because no good reason ap- 
 ' pears why they should be excluded 
 ' or embraced. However unjust, ar- 
 ' bitrary or inconvenient the intention 
 ' miiy be, it must receive its full eflPect. 
 ' When once the intention is plain, it 
 ' is not the province of a court to scan 
 'its wisdom or its policy.' The plea 
 of inconvenience in the present in- 
 stance has no practical weight. A 
 possible diliiculty can only arise at a 
 General Election. The practice of On- 
 tario is against the presumption that 
 such an inconvenience will arise. It 
 was for the Legislature in framing the 
 Election Law to balance inconven- 
 iences. They decided, it must be as- 
 sumed, that it would be less incon- 
 venient, perhaps once in a great many 
 years, for public business to have to 
 await the election of a complete As- 
 sembly than to recognise as a valid 
 and efiectual meeting of Parliament 
 one from which a portion of the re- 
 presentation was, per force, excluded. 
 However to gn:'.rd against a most im- 
 probable eventuality it has now been 
 
18 
 
 DURATION OF THE LEOISLATIVE ASSEMBLY. 
 
 provided that should such a contin- 
 gency as that suggested arise the old 
 member shall retain his seat until a 
 new one is elected for Algoma, 
 
 ENACTMENTS RELATING TO THE LEGIS- 
 LATIVE ASSEMHLY. 
 
 First, in order, we have the British 
 North America Act, sec. 41, continu- 
 ing, in the case of the Dominion, the 
 Election Laws of the several Provinces 
 until otherwise provided. (2) In sec- 
 tion 65, powers are given to the Local 
 Legislatures ' to abolish or alter ' 
 'powers, authorities and functions' ex- 
 ercised by the Lieut. -Governors. (3) 
 The 70th section declares that the 
 Legislative Assembly of Ontario shall 
 be composed of eighty-two members 
 to represent the eighty-two electoral 
 districts set forth in the first schedule 
 to the Act (Algoma being one). (4) 
 Section 84 contains a provision for the 
 temporary continuance of the existing 
 electoral laws of Canada in respect of 
 the two Provinces of Ontario and 
 Quebec. (5) Section 85 provides, that 
 the Legislative Assembly shall last 
 four years and no longer (subject to 
 earlier prorogation). (6) The 86th 
 section enacts that there shall be a 
 session once at least in every year. (7) 
 The 92nd section gives power to the 
 Provinces to amend their constitutions 
 except as regards the office of Lieut. - 
 Governor. 
 
 We have now exhausted the list 
 of the several provisions in the Brit- 
 ish North America Act bearing upon 
 the subject under consideration. 
 Reading them together as we are 
 bound to do, we must come to the 
 conclusion : (1) That in every sense 
 (save in the one exception relating 
 to the office of the Lieutenant- 
 Governor) the Local Le-^islatures were 
 to have full power to alter or amend 
 their constitutions, including those 
 constitutional provisions above men- 
 tioned and expressly enacted under the 
 3rd, 5th, and 6th heads. (2) That 
 the 1 0th section Sxing the nuniber of 
 
 members at 82, could have no less force 
 than the 85th and 86th relating to the 
 duration and holding of parliament. 
 If it be held that parliament would 
 la[)8e, and its Acts be void if the 
 Statute v/ere infringed by the session 
 lasting one day over the four years, 
 surely it must be equally void if con- 
 stituted of only 81 members instead 
 of 82. 
 
 We come next to the Ontario Acts. 
 The Act of 1868-9 (32 Vic. c. 21, s. 
 18, sub-sec. 4) extends the period for 
 making the Algoma writ returnable,'to 
 ninety days in the winter season. 
 Then, in the Representation Act of 
 1874 (38 Vic. c. 2, sec. 1), the number 
 of members is increased to eighty- 
 eight, and by the 38 Vic. c. 3, sec. 21, 
 the period for holding an election in 
 Algoma is limited to the months of 
 June, July, August, September and 
 October. This is slightly enlarged and 
 more precisely stated in 39 Vic. c. 10, 
 s. 13, which provides, that the nomi- 
 nation or polling shall be held in any 
 year at some time from the 20th day 
 of May to the end of November, and 
 between those days only. 
 
 Now, how, in a legal sense, does this 
 last enactment contravene any we have 
 quoted preceding it in order of time ? 
 Not certainly the first (sec. 41,' B. N. 
 A. ), for it does not relate to the Do^ 
 minion Law ; not the second (sec. 65, 
 B. N. A), for it is of the very essence 
 of that clause that the Legislature 
 should abolish or alter any of those 
 prerogative rights, which, without ex- 
 press direction to the contrary, the 
 Crown would exercise independently 
 of such a check or regulation ; not the 
 third (sec. 70, B. N. A), because it 
 gives aid to the effectual constitution 
 of the Assembly by naming a time 
 suitable for the election of the full 
 complement of members; not the fourth 
 (sec. 84, B. N. A), because that is a 
 mere continuance of former Acts, pend- 
 ing such provisions as the later Act 
 comprises ; not the fifth (sec. 85, B, 
 N. A. ), for the four years' date will 
 run as easily from the return of the 
 
 'li 
 
.M 
 
 DURATION OF THE LEGISLATIVE ASSEMBLY. 
 
 19 
 
 no less force 
 ating to the 
 parliament, 
 iient would 
 /oid if the 
 the session 
 four years, 
 void if con- 
 ers instead 
 
 itario Acts. 
 3. c. 21, s. 
 I period for 
 burnable,"to 
 er season, 
 on Act of 
 ;he number 
 to eighty- 
 . 3, sec. 21, 
 election in 
 months of 
 3m her and 
 ilarged and 
 Vic. c. 10, 
 the nomi- 
 leld in any 
 I 20th day 
 mber, and 
 
 e, does this 
 ay we have 
 ?r of time ? 
 
 41, B. N. 
 to the Do^ 
 d (sec. 65, 
 jry essence 
 jegislature 
 y of those 
 'ithout ex- 
 trary, the 
 spendently 
 [1 ; not the 
 because it 
 )nstitution 
 ng a time 
 >f the full 
 the fourth 
 '■ that is a 
 ^.cts, pend- 
 later Act 
 ec. 85, B. 
 
 date will 
 irn of thd 
 
 Algoma writ as from any other ; not 
 the seventh, for that gives express 
 powers to pass just such a law as 
 the one in question. We 'lave omit- 
 ted to consider the effect of the 
 enactment on the section quoted under 
 the sixth head (86 sec, B. N. A.), 
 as the several sections have been 
 passed in review, and for this reason : 
 it is the only one that might, by a re- 
 mote contingency, be negatived or 
 voided by the Algoma clause. The 
 jX |» case is put thus : If the Lieutenant- 
 Governor were advised to dissolve the 
 Legislature at a date, say in October, 
 too late to allow an election in Algoma 
 to be legally held that year, while the 
 Legislature had been prorogued in 
 March or April, no election could take 
 place in Algoma until June or July 
 of the following year, or, contrary to 
 the Statute, fifteen or sixteen months 
 instead of a year from the last sitting 
 of the Legislature at its previous ses- 
 sion. 
 
 The guarantee against such an event 
 from caprice or without absolute neces- 
 
 sity, is the need the Executive has of 
 obtaining supplies, of which it would 
 have none without a Legislature at or 
 immediately after New Year's Day. 
 But, if an emergency of the kind arose 
 then it is submitted that, as no penalty 
 nor disability would attach to the 
 holding of the Legislature dfter the 
 expiration of the year dating from the 
 last sitting of the previous Legislature, 
 so, if in providing for the general con- 
 venience, and ensuring the due consti- 
 tution of the Legislature (a funda- 
 mental principle in the constitution), 
 the Algoma clause came into collision 
 under wholly exceptional conditions 
 with the annual-meeting clause, then 
 the last enacted Statute must prevail 
 over the earlier one, and in so far as 
 may be necessary to the cariyine out 
 of the latest expressed intention of 
 the Legislature be held to have re- 
 pealed it. But the Act which has 
 just become law removes even this 
 possible if improbable source of dif- 
 ficulty.