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 A MANUAL 
 
 OP 
 
 GOVERNMENT IN CANADA; 
 
 OB, 
 
 THE PRINCrPLtS AND INSTITUTIONS OK 
 
 OUR FEDERAL AND PROVIKCIAL 
 
 CONSTITUTIONS. 
 
 BY 
 
 D. A. O'SULLIVAN, ESQ., M. A., 
 
 Of Osgoode Hall, Darrnt^ratLatv, 
 
 »<»»«- 
 
 TORONTO: 
 J. C. Stuart & Co., Pi ulishbrh, I .{6 Yonuk Strbbt. 
 
 6 
 
 1879, 
 
Entered acconiing to Act of the I'arliamont of Canada, in the year one 
 t'lousanil ciglit hundred and seventy-nine, by D. A. O'SrnuvAK, in the 
 Office of the Minister of Agriculture. 
 
 TOKOHTO : 
 PaiNTED BY PaTBKK BOTLK, 
 
 16 Francis Street. 
 
 ^g^fl 
 
THIS LlTTLi: V\OKK 
 
 »•. 
 
 «V KIND I'KIJMISSloy, HKSHECTKrLLV IXSUKIRKI) 
 
 TO 
 
 THK HONORABLK KDWAKI) HLAKK. Q. i\, M. P., 
 
 ■T 
 
 Thk Al'TIIOR. 
 
vrphi 
 
ADDICNDA I:T CORKIC. ICN DA. 
 
 The i"t';ulei will note the follow inj; corrections — 
 
 I'ages 54 ,incl 177— Members m Commons as »)rticiall> 
 returned, 206, insten<l of ^04; Ontario sendinp 8H, New 
 Brunswick. 17, ami Nova Scotia, 20 ; the other Provinces as 
 in the text. 
 
 Page 136 -The C'oinmissioner of Agriculture should Im* 
 bracketed with the I'rovincial Trens-irer, instead of with the 
 (Commissioner of J'ublic Works. 
 
 Page 140 — Im'I ('oinmissioiier of Public Works read Pro- 
 vincia) Treasurer The Treasurer has .dso iharge of Asv- 
 lums. Prisons ami Public Chanties and the returns are 
 maiU- to him, and not to the Provincial Secretary, as stated 
 on pajje 141 
 
 The following' 'Tre references fi)r ihanyes to be uotc!.| in 
 the l-egislation of iHSo - 
 
 A High Commissioner of Canada is now speciallv en- 
 trusted with the genetal supervision of nil the political 
 material and financial interests of Canada in l'.nglan<l, and 
 • Kcupies a (/»n5.'-<lii>loinatir position at the (^oiirt of St. 
 James, with all the social advantages of such rank and posi- 
 tion. He is rcpit'sentativc and resident agt-nt of the Hinnin- 
 i<n in the Cnited Kiii'.:doni. ami Iw-sidcs lia\irg the charge, 
 supervision and control of the Canadian liiiiiir.,'iation ( )ffices 
 th>'re 'may In* calli-ii upon to perform such duties ^s n-.ay be 
 tor.fj-rred upon or as-;igned to him by the (iov ..or in Coun- 
 cil It is intended that such Commissic ,er should be a 
 menber of the t,)ueen >. Pnvv Council in c mad.i. 
 
 A new Department i>f the Civil Servic* of ('anada, < ailed 
 the I>epartment of Indian .\ftairs. is » esiiled over by the 
 Minister of the Interior as Supei intendent-Cieiieial <'f Imlian 
 .\fiaiis Si-i In ban .\ct 1S80 
 
Addenda tt Corri^tnda. 
 
 I'ndrr the Depart mm t <if the Minister of f''inance. sec 
 r>«)minion Statute of 1880, as to further provismn respcctinp 
 the isHiie itf Dominion Notes 
 
 Powers are now j^iven to any Minister presidniK over a 
 I)epartment of tlie <:ivil Service, with the authority of the 
 <i<>vernor in Council, to have the workings of the l)epait- 
 ment investigated, and all necessary powers f{iven therefm 
 
 The vjveral Acts referring tf> the North West Territories 
 are amended and consolidated by Act of this year. Addi- 
 iinnal |«wer ir. given to the Supreme Court as tn amendment 
 and new trial, and some useful lexislation as to evidence in 
 criminal cases. 
 
 The amendtiieiits nf the Ontario I .cKislatiiie wortin of 
 licinti noticed are : — 
 
 Transfer of depa:t mental vvori% fioin the Coinniissioner of 
 .XKricuItun- to the Minister of ICducation, and some .\cts 
 relating to :he Agricultural CulUge and the Ontario Kef irma- 
 tory for Ht>ys. An Act passed in reference to ('oroners In- 
 qaf*sts will pnibahly l>e re|->ealed c»r amend»'d next Session. 
 
 .\ct in lefeience to Keturns under Oath from the Countv 
 Att'»me\s and Clerksof the I'eace 
 
 The student can i«ad, as cnnhrrning the view taken in the 
 text rs-garding s<ime debatable points, Lenoir r Kitchie, and 
 smce reported in the Supreme Court ; and the appointments 
 ii3 the Cniiitiiti (intftte who were previously named for that 
 honour by Provincial authority. 
 
 The writer hopes to make a second edition of this work 
 more complete an»l systematic, and to add a number of im- 
 (onant State Papers and Legislative .Acts, so as to make it 
 worthv of the very kind reception given it by the public. 
 
 NoVEMBKK. ihho. 
 
PREFACE. 
 
 In the compilation of the following pagCN the writer 
 lias endeavouroil to make a fair use of hucIi materials ai* 
 were within Ium reach, in or<l«»r t<J otTect the ohject he 
 intended. Treceded by no writer on the Huhject, and 
 de»irou« of rejecting hucIi (contemporary opinion a»» wap 
 neither jixliiMal nor ofticial, nor otherwise authoritative, 
 he ha8 found the ta^k not at all an eatty one. From the 
 number of diHtinguiHhed Constitutional Ijiwyers in 
 Canada, and especially in this Province, one might have 
 been justiHe«i in tlie expectation that something more 
 permanent than a speecli at the hustings, or a pamphlet 
 in some party issue, would have remained as instructive 
 reailing on the subject. As to contemporary opinion, 
 very litths of it is entitled to grave consideration. 
 
 It is needless to say that the writer lias carefully 
 ftvoided using any jjublic expression of opinion, no 
 matter how authoritative it may ai>pear, unless it bore* 
 the stamp of some authority with it. In regard to 
 decisions of the Courts an<l judicial dicta on the subject; 
 the former must of course be taken to be law ; the latter 
 carry weight proportionately with the reputation and 
 Ability of the particular .Judge juonouncing them. It 
 must be admitted that a Ju<lge, in construing our Con- 
 stitutional .\ct, or any section of it, or any Statute in 
 fact, familiarizes himself necessarily with the spirit of 
 the Act ; antl if he goes out of his way to express an 
 uncalled for opinion, or what may be deemed luicalled 
 
w 
 
 ▼I PREFACE. 
 
 for, il iM cortainly hrciiUHi; on tiiiit point lie im.s nodoulit 
 whatever. .Iiid^^os Imvo plenty to <lo in (iociiiing in tlie 
 *li8put«'s inun(i<liatoly tu'Tont tlioni : and it is to bo «x« 
 poc.tcti that hotW^'o i^onununting on any foroign Hubje«'t 
 thoy gonnially n )! have entertained ntron^ vie\v» on it. 
 The writer niake-> no apology for regarding such dicta oh 
 entitled to great i;on.sideration ; and (inly regrets that he 
 wttH unahle to tind more judi(;ial utterances in the \mw 
 Ueports than are incorporated herein. 
 
 Hie utleraneeH of any of our puhli*' men, speaking in 
 thoir oflicial capa(;ity as servants of the Crown jind 
 (,'ountry, an« deserving of consid»«rjition next only to 
 what must l>t' n'gunh'd as settled law. Tin* writer has 
 faith in the polituuil morality of our lea<ling statesmen 
 to the extent, at least, that no one of them, acting in an 
 official or, as may he said, a judicial position — as adviser.** 
 of the Crown, as trustees of the Constitution— would 
 permit his juilgment to he biased by a more j>arty sj)irit, 
 or for a temporary party triumph. 
 
 If it be otherwise in Canada, then it is time we were 
 governed without party, as that term is now understood. 
 
 Accordingly, all official papers aiul correspon<lence, 
 both of English and Canadian Ministers while in office, 
 bearing on the subject, have been freely used. 
 
 None of the other sources need comment. 
 
 In his task the writer has consulted no one, and asked 
 no one's opinion. It is only fair to state this, as it may 
 well happen that in a ivork which was the joint produc- 
 tion of the writer and others, any excellence in it would 
 
 »? 
 
P UK FACE. 
 
 VII 
 
 t 
 
 b<» nttt'ihtiteil to thorn luxl tho ilof.'Pts to himsolf. 
 WlmteviT tlicro is in this hook «h^.s<•^vin^ either of 
 prtiiso or hhimo, is uttuchiihh^ to tho writer, ami to no 
 other person. 
 
 It was originally inteixh^d to make the work <'(»ni|'lete 
 for each IVovinee as to th«^ Exociit've DepurintMnt^jind 
 to a<M the Courts of I^w thereto. This wasiif mtloned, 
 partly hecanse some necessary inforrnat*' froi i profes- 
 sional I'entlemen in tlm other Provint "s <tid no; ciotuc to 
 hand m time, and also he aiise, if rumor In true, a 
 description of the Courts in Ontario as they are now con- 
 .stituted, may not apply for any huigth of time. 
 
 Some other alterations were made ii! tlio i>hin of the 
 work aft<u- portions of it weio in type. 
 
 The in<hil<;ence of the pul>lic will liuve to he asked in 
 regard to any errors in this edition. Though in contem- 
 plation for some time, it was entirely remodeled and 
 re written within the jiast two months ; and it was put 
 through the press very rapidly. 
 
 The writer acknowledges with pleasure tlio assistance 
 he has received, hoth in the preparation of the Index 
 and otherwise, from Mr. C. L. Mahony and Mr. .A. A. 
 Archhold, Students-at-Law. 
 
 Toronto, Decemher, l^TU. 
 
 i. 
 
 I 
 
PLA N. 
 
 tntroductory '' *"■ 
 
 Historical Sketch of the Constitution in Canada. ... 7 
 
 The Federal System 
 
 The Constitt,tion of Canmla and its Institutions. ... 23 
 The Provincial Constitutions and their Institutions, 119 
 
 The People and their Kights jg- 
 
 The Judiciary-Law and the CouHs ''. jyo 
 
 British Court for the Colonies oqo 
 
 Canadian Courts for the Provinces .......'."'.' oqs 
 
 The Criminal U„-_it.s Procedure and Officers ...... ojg 
 
 Conclusion.... 
 
 234 
 
 <Teneral Index . 
 
 237 
 
 •mmmmmm m-v-f^ 
 
TABLE OF CONTENTS. 
 
 PAOK 
 
 iNTRODrcTORV— l)etiniti<^na, etc. ...... . . | 
 
 CHAPTEH I. 
 
 Historical Sketch of the ("institution, 17(10 1807 .. i. 7 
 
 CIIAPTEH II. 
 The P^ederal Systt-rn (tf (ioveniment in ("anadu . . . . 16 
 
 CHAPTER ill. 
 The Constitution of Canada /, .... 23 
 
 ' CHAPTER IV. 
 The Parliament of Canaihi -The Crown 31 
 
 CHAPTER V. 
 
 The Parliament of Canaila Tlie Senatt- . . <§§ 
 
 CHAPTER Vi. 
 The Parliament of ( 'anad a Tliu ( ommons .. .... 53 
 
 CHAJTER VII. 
 The Powers of the Central and Provincial Legislatures . . 57 
 
 CHAPTER VHI. 
 Procedure in Parliament Hills ,;- 
 
 CHAPTER IX. 
 
 The Privy Council of Canada -j 
 
X TABLK OF CONTKKTS. 
 
 CHAPTER X. 
 
 I'A.il. 
 
 Atlininistrative ( Jovennin'iit 'I'lu-l roMii. tin- I'lii'lianu'iit 
 
 and the I'livy <"i>uneil ~*.) 
 
 CHAPTER XI. 
 
 A(li)iiiii.stiativ(' iiovcniiiiciit The Miiiistt.'is" |)e[)art- 
 
 inental Duties ,S4 
 
 CHAITER XH. 
 Adiniiii.strativi; (Joverninent Tlie Department i>f .Fiustice So 
 
 CHAJTER Xni. 
 Administrative (Joveniiuent -The Department of Kiuance 87 
 
 CHAPTEI{ XIV. 
 
 Administrative Ijovennnent The Department >>i Agri- 
 
 eulture '.M 
 
 CHAPTER XV. 
 
 Administrative (Government The Department of Seere- 
 
 tary of State of Canaila !•"> 
 
 CHAPTER XVI. 
 
 Administrative (Jovernment Tlie I)ei)artment of Marine; 
 
 and Fisheries i'S 
 
 CHAITER XVII. 
 
 Administrative (Jovernment -The Department of Militia 
 
 and Defence lOU 
 
 CHAPTER XVIII. 
 Administrative ( Jovernment -The Departmentof ( 'ustoms 103 
 
 CHAPTER XIX. 
 
 Administrative (Jovernment Tlie Department of Inland 
 
 Revenue 104 
 
TABLE OF CONTENTS. 
 
 XI 
 
 I'A.il. 
 
 71> 
 
 .S4 
 
 H7 
 
 !n 
 
 ••8 
 
 VMiK 
 
 CHAPTER XX. 
 AdniinistratMuCJovermnent -The Department of Jnterinr ItHi 
 
 CHAPTER XXI. 
 
 Administrative (icvenunent The Post Office Depart. 
 
 •"eut lOS 
 
 CHAPTEIi XXIL 
 
 Administrative (ioveninient The Department <tf I'ublic 
 
 Works, Railways and Canals j]) 
 
 CHAPTER XXI IJ. 
 Ke venue and Assets t.r Canada .. .. .. ]|.5 
 
 CHAPTER XXIV. 
 The Provincial ('on.stituti«ms ]]i) 
 
 CHAPTER XXV. 
 The Lieutenant Cdvernors J04 
 
 CHAPTER XXV J. 
 The Provincial Legislatures 
 
 I2S> 
 
 CHAPTER XXVI [. 
 The Pr<»vince of Ontario j^^ 
 
 CHAPTER XXVIII. 
 Executive ( Mtvernment in Ontario 140 
 
 CHAPTER XXIX. 
 The Province of i^uehcc 
 
 I.-).S 
 
 CHAPTER XXX. 
 Nova iScotia and New Brunswick 
 
 l.">7 
 
 CHAITER XXXI. 
 Mitnitoba .. .. |-,r) 
 
■p 
 
 (• ! 
 
 I 
 
 I 
 
 Xn TABLK OF CONTENTS. 
 
 CHAFITJt XXXir. p^oii 
 
 BritiHh ( 'dluiiiltia 101 
 
 cHAFrER xxxni. 
 
 I'rinct! Ktlwanl Island U52 
 
 CHAFrElt XXXIV. 
 The North West Territories 164 
 
 CHAFFER XXXV. 
 The District <»f Keewatin UiG 
 
 CHAFPER XXXVI. 
 The People Su}»ject», Aliens, Titlfs, Precedence .. .. H)7 
 
 CHAFFER XXXVII. 
 The People 'I'heir Rights- Kepresintatinn 17(> 
 
 CHAFFER XXXVIII. 
 
 'I'he Pe«»i»le Their Rights I'uhlic Meetings 181 
 
 CHAFFER XXXIX. 
 
 The iVojile 'I'heir Rights Petitions U* Parliament . . 184 
 
 CHAJTER XL. 
 The Pe«»i»le Their Rights - Liberty of the Presa .. ..180 
 
 CHAFFER XLI. 
 
 The People- Their Rights Local Administrative Gov- 
 ernment 189 
 
 CHAFFER XLII. 
 'Fhe . Judiciary 1-AW and the Courts i;>2 
 
 CHAFFER XLI II. 
 The Judiciary— General OfKcers of the Courts .. ., 197 
 
 t 
 
 A. 
 
 i 
 
PAOH 
 1(31 
 
 102 
 
 U57 
 
 181 
 
 TABLE OF CONTENTS. 
 
 <'HAI'TEH XLIV. 
 The .Jiidioi.il Coinmittco of tlie Privy ('«,i,ncil . . 
 
 CHAPTER XLV. 
 The Supreme ( 'oui-t ctf ("aiuKla 
 
 CHAPTER XLVI. 
 
 'I'hi' Exche<iiu'r ( 'ouit of ( 'anada 
 
 CHAFl'ER XLVIl. 
 
 Proceilure ill (Viniinal Law .. 
 
 • • • • • • • • 
 
 CHAPTER XLVirr. 
 
 Criminal La« OfHcers -Justices of the Peace . 
 
 CHAPTER XLIX. 
 
 Criminal Law OfHcers Coroners 
 
 CHAPTER L. 
 
 Criminal Law Orticers -County Crown Attorney^ 
 
 (><mclu(ling Ciiapter 
 
 CHAPTER LI. 
 
 Xlll 
 
 paox 
 .. '202 
 
 .. •-»()« 
 
 .. -JU 
 
 .. JUi 
 
 •2-M 
 
 .. '2'2H 
 
 . '2:v.i 
 
 180 
 
LIST OF AUTHORITIES 
 
 l-SKI) I.\ THK IM.MEDIATK PRKl'A RATION OK THIS WOUK. 
 
 ( 
 
 fl - 
 
 Bagkhot — The English Constitution. 
 
 Bi.A(K>TONi:*.s (.'omnientaries. 
 
 BoiKNi: s Story of Our Colonies. 
 
 Chai.mkks' Ojiinions of Distinjruished l^awyers. 
 
 Chitty on the J'rerogatives of the Crown. 
 
 Clakk's Colonial Laiv. 
 
 Coolky's Constitutional Limitations. 
 
 Cox's British < 'onunonwealth. 
 
 Fini.ayson's History of the i'rivy Council. 
 
 Ham-am's Constitutional History of Englantl. 
 
 HoDcjiNs' Voters' Lists. 
 
 Lattky's Privy Council Practice. 
 
 Macfiks liritish Columbia an<l Vancouver's Island. 
 
 Martin on the < 'olonies. 
 
 McDoNAiji's British Columhiaand Vancouver's Island. 
 
 Mc(ikk(;ok'> British America. 
 
 Ordkk.s in Council — Im])orial, Dominion and Provincial. 
 
 Pomkkoy's Constitutional Law. 
 
 RKroKTs of Englis!' and Canadian cases in the Privy 
 Council, .'<ui»ieme and Provincial Courts. 
 
 Ri'i.Ks of the Senate, Commons, and the Provincial As- 
 semblies. 
 
 Seuowick's Constitutional Law. 
 
 Se.ssioxai- Papers— Dominion and Provincial. 
 
 Statk Papers and (>i»inions of Officials on Constitutional 
 points. 
 
 Statites — Imperial, Dominion and Provincial. 
 
 Wat.son's Constitutional Ilistorv of Canada. 
 
 mif^'i-wmmmfff^^' 
 
INTRODUCTORY. 
 
 Thk following' P''iM»''^ iii'f iiit<!iultMl i"«>r the assistance 
 of tliosc vlu) arc unaciiuaintcil witli the inat'liineiv nf 
 rfovciiniii'iil ill Canada, ami who are anxious tn know 
 so!nt'thin<j;ot' its ('(Histitutinii. its jRiwcrs anil its objeiits. 
 It is not t(i he cxpoc'teil that within the limits of a few 
 humlrcfl pages it could !>•■ of assistancr lo those whose 
 attention has already Ixcn turned to the sulijcet ; and 
 that, Ihrrct'ore, it wouM i)e a hook to rt-icr to on dis- 
 l>ut('d or douhtt'iil points of (.'onstitutional Law. it 
 will siitisfv the expectation of the writer if it can be 
 made to till a want in our schools and colleges, or if it 
 soiiietiim.'s supply intormation to the legal student on 
 ])oints when; the lack of Canadian autlioiship may 
 liav«! left him in ignorance. When the elementary 
 knowledge contained in the following pages is as well 
 known to the youth of tliis Province as the ( Jeograpliy 
 or (Iramniar taught in our schools, (tne may reasonal)ly 
 hope that an ela])orate and exhaustive work on the 
 Canadian Ct)nstitution may tind some writer willing to 
 grai)j)l(! with the subject, and not a few readers who are 
 already ]>oste(l on its timdamental points. The aim oi 
 this little Hand Book is to furnish such information 
 on the manner in whiih we are governed as t'very 
 student shouM know, and to iurnish it in as plain lan- 
 guage as the subject will j)ermit in tin.' hands of the 
 Author. 
 
 It is beyond ([uestion that in our schools and college.s, 
 and even in our universities, nine-tenths of the students 
 
Iiitnuliirtory. 
 
 and giadiiiitfs are almost in utt«r ij^'iuiniiUM' of any 
 accuratu knowlt'ilj,'o of tlie C'on.stitution tinder wliicli 
 they live, or of the machinery of State which makes, 
 exjioiiiids or carries into execution the law of the land- 
 This is certainly to he deplored ; ami the «;aus«' of it 
 lies maiidy in the fact that there is no elementary 
 Canadian work which is accessible to them, or whi(di is 
 made a part of tlieir education. The aim of the present 
 work is to place the frame-work oi the Constitution of 
 Canada before the young public and tt» draw their 
 attention to tin- process of making laws ant! carrying 
 them into execution. 
 
 The learn«- 1 reader l»earing this in mind need not, 
 therefore, exjiect much more in the perusal of tlie 
 f(»llowing pages than without which is ignorance indeed. 
 What the position of alfairs is c<»nceived t(» be will 
 be stated in the writer's conclusion drawn Irom the 
 authorities on the subject; but no speculations will be 
 attempted as to the solution of the many dithcult 
 (|U('sti»jns that can. and no doubt will, arise under our 
 Constitution. A treatise on these «|uestions must be 
 left for other hands, and will then be addressed to a 
 diflerent class of reailei-s to that intended to be reached 
 by the i)resent one. 
 
 In this connexi(jn it may be necessary at the outset 
 to define some terms used hereafter, which may pivvent 
 any confusion of ideas on the subject. In order to 
 obtain an exact notion of a term much used — 
 that is the Constitution — the young student is asked 
 to regard the peo])le of this country in the light of two 
 classes or bodies — the governing body or rulers, and 
 the governed. The rulers and the ruled both form 
 the i)eo])le who agree with themselves, or a portion of 
 
I at rod actor If ^ 
 
 ■ult 
 
 1)0 
 
 <) a 
 
 l.St't 
 
 •lit 
 to 
 
 .1— 
 
 K(.hI 
 ;\vo 
 and 
 n'ln 
 of 
 
 thfinsclvrs nitliur, as t<i tlio iimiiiHT in wliidi they are 
 lu bt' <^ovcrn»'<l. This ai^iccnient <»r undnstantling 
 ln'twcen a ]>t'o|»l(' and their masters is their Constitu- 
 tion; and sohv the < '(»nstitution i>f ( 'aiuuhi is nieant tlie 
 agreenient llie j)et»phf liave witli themselves as to the 
 manner in which tlie Government nf the countrv is to 
 be earried im. ( M' course, C'anaihi 1>ein<^' a (h'pendency 
 of (h-eat IJritain, any such aj^'reement must have Ix-en 
 necessarily submitted to and a|>j»rove»l of by the 
 Mother country — .-he bavin;,' a voice in the matter. 
 In a free Statu or Nation, htnvever, the people ayv the 
 source of all power; an<l when they determine on the 
 manner in which they are to be governed, on their 
 Constitution in fact, they are final and supreme judges 
 of their own mode of (Jovernment. What has l)een 
 said will explain the meaning of another word, Gi>7'- 
 t'nitninf, which is ambiguous and capable of creating 
 much confusion in its different applications. In its 
 tru»; and bi-oad sense, Ciovernnient means the carrving 
 out of the Constitution — the task of gcn'erning the 
 people according to the understanding had with tlu-m. 
 In Canada, as in Kngiand, the task of carrying on the 
 (tovernujent of the country is, ])y the terms of the 
 (,'onstitution, entrusted to persons called Ministers of 
 the Crown, who are collectively called the (Tovernment. 
 This impoiiiiut body is also styled the Ministry or 
 Atlministration, and sometimes the Caliinet or Cabinet 
 Council, but their pri»iier appellation here is the tjueen's 
 Privy Council for Canada. iJeference will be made 
 hereafter to the strict use (»f these terms, it being 
 sutticient for the present to state that the (Jovernment 
 of the country, using ( Jovernment in its broad sense, is 
 carried on by the u sistance and on the advice of Privy 
 
r 
 
 Tntnxhictnrii. 
 
 
 CuiiiKillors, piojK'ily so-ciillod. (iovcrniin'iil Ix'iiin 
 ♦'flTd-rtj'*! Ly /(f7i>s, tlu'so Coiiiirillors iire ni'^poiisil)!*,' f(»r 
 all laws that are cnuf'tcHl. Tlioy provide means for tlic 
 int<Tj)i"ctatious of tlu'sc laws or statutes, and it is their 
 duty to see that tlie laws are earrieil into ell'eet. Tliesr 
 are the three innetions of (Jovernnient — its he^isla- 
 live. it« .Indicial and its Executive luneti«»ns. So far as 
 its ju<li«-ial functions areconecrnod. they are carried >>n[ 
 1)\" means of jnd^^es ajtjKiinted lur tliat purpose. Winn 
 the I'rivy ('mineil, insteail n|" (iirryiuL; nn purtions of 
 the (lovernnieiit l>y means .if .lud;,'es, administer 
 themsidvcs directly, it is rallfil adniinistratiNc (l<»v- 
 ennneut. and is a l»rani li n| tlic lv\ccuti\('. The 
 acting I'rivy ( "ouncillors arc iIk'M usually called the 
 Adjninistrati«»n Imm this fact. 
 
 The Privy Council oi- Administration have, theiefoic. 
 the whole task, of < iovernnicnl in their liands ; hut in 
 every step they take they must have or (.'ount on the 
 support and approval of ]\irliameut, and es])ecially of 
 that portion of Parliament calh^l the Commons, who 
 rejM-esent and are elected hy the people. The Admin- 
 i.stration is answerahle to the peoj)le through the Com- 
 mons, and this is what is meant l>y Ikisponsihlc or 
 Constitutional (loviH-nment. \Vlien an Administration 
 «loe.s not j^overn the people as they Mant, the people 
 ean turn them out of ollice at the next elections, and 
 send in Connnoiiors to support an Administration in 
 accordance with the popular will, A double safe-<,niard 
 in Canada is that the persons comjtosing the Adminis- 
 tration nnist either he Senators, or must be elected as 
 dmmoners, in order to entitle them to fill the position 
 of niend»ers of the Administration. 
 
 It !- 
 
Introduftoni. 
 
 Tilt' s( iciK I' (ir the art which treats of thr;_'uvurii!miiit 
 «»r thr atliuiiiistratioii nf the Katinna! "T puhlir atlairs 
 i»f the ('•nuitrv is '•allfd /'>////<■.». 
 
 The policv (»r ads nf any jiarti .ilar Ailiiiiiiistnition, 
 when viewt'd as hcntti<ial to th.- (.imiitry or otherwise, 
 are ralleil Tolitics al>(», hut more prMperly Party Politics- 
 It is a tliscus.sion ami eritieism on the Atliiiiiiistratioii, 
 and oil its siii)|»orters the parly in power, the ruling' 
 party, usually upholdiiiu their acts j and the party iint 
 in j>ower, the ( )ppositiwii. Ikmiij^ tidverse thereto. 
 
 These short (h'tiiiiti<»iis. it is tn In- hoped, will imt 
 Ite ruiisidereil out of place lift'ore tlu^ suhjrrt in hand 
 la taken up. No atttsmpt is made at elahurate exact- 
 ness in defijiini^f these terms ; all that is intended is to 
 give a comparatively correct notion ot" them with(»ut 
 misleading the reader. 
 
 In order to prepare the student for viewing the 
 Constitution of Canada as it is, a ihajiter will first 
 of all he devoted to what it ha> hecii in some of its 
 previous phases ot' existence. 
 
r 
 
 
 III 
 
CHAPTKi: I. 
 
 SKKTCM (»K OCR (OXSTlTITIoNAI, HISTnllY. 
 
 • Up to tlio middle of the last century nearly 
 the whole of North Anieriea was owned partly 
 by Enf»' il and partly by Franee. England 
 lost a laijj[e portion of her possessions by the 
 revolt of the thirteen colonies in 177r», when 
 the Declaration of Independence of what are 
 now the United States was signed, and these 
 colonies severed their coilnexion with the Mother 
 Country. Prior to this, in 17()(), France lost 
 her Dominion in the New World, not to the 
 Colonists, but to the PjUglisb, who captured 
 Quebec : and this French territory the English 
 yet retain, and is included in the Dominion of 
 Canada of to-day. The inhabitants, numbering 
 between sixty and seventy thousand, were mostly 
 French Canadians. For three years the Colony 
 was governed under military rule of the Eng- 
 lish, but the French laws were administered. 
 Canada being a colony by cession, its new mas- 
 ters had a right to impose such laws on it as 
 they chose, subject to any treaty that might be 
 had between the contending parties. In Feb- 
 ruary, 1763, the Treaty of Paris was signed : and 
 by it Canada, with all its dependencies, was 
 ceded to Great Britain. By a proclamation in 
 October following, Quebec was to have a Governor 
 
'■■i 
 
 8 Mduiial of (iorrrnmoit in C<niiuJ(i. 
 
 in the person of General Murray. Promise was 
 made for tlie summoninj^' of a General Assembly 
 to aid in the government of the Province ; but 
 this promise was in reality a dtad letter, as no 
 Assembly wa'< ever called. 
 
 The Governor and his Council administered 
 English laws to a Colonv of French Cana- 
 dians, and great dissatisfaction was the result. 
 In 1774 the Colonists presented petitions in 
 England for the redress of their grievances. 
 In that year the Quebec Act was passed, which 
 made matters far worse. The lioyal Procla- 
 mation of 17()8 was revoked, and so the French 
 laws were left in force, except as to Uninal 
 matters, upon which the law in England was 
 to rule. An Advising Council, whose ordi- 
 nances were binding, except as to the impo- 
 sition oi taxes or duties other than for public 
 roads and buildings, was organized ; but no 
 Assembly, to be elected by the people, wa? 
 granted in this Act. The Council consisted of 
 not more that twenty-three members, and every 
 ordinance made b}' them was subject to be dis- 
 allowed by the King, The Quebec Act, denying 
 the Colonists any share in their own Govern- 
 ment, w^as disliked by the Canadians and other 
 North American Colonists; and, indeed, it was 
 one of the Acts of the Mother Country which 
 drove the latter to assert their independen.^e. 
 Canada, however, remained loyal to Great Bri- 
 tain, though not without frequent murmurings 
 
MdHMiil of Gorcriuitcitt in ('((inula. 
 
 at the irresponsible Government under which 
 the Colony Avas ruled. In 177<> the other British 
 Colonies brok<' siwuv froju Great J^ritain and 
 formed themselves into the United States, as 
 has been already mentiontd. 
 
 It was not till i7*.>l that England became 
 alive to the importance of conciliatinj; the 
 Canadians, and of f^rantinj^ them a Constitu- 
 tion under which they couid have a share 
 in their own |[:jovernment. In that year what 
 is known as the Constitutional Act (31 Geo. 
 III., cap. 81) was passed, and in it the 
 Quebec Act was repealed and a Constitution 
 granted to Canada. By its provisions the Pro- 
 vince of (^)uebec was divided into Upper and 
 Lower Cannda for the Englifih and French 
 settlers. The boundary between the Provinces 
 was then determined, and renniins the same till 
 the present day. Ample machinery for the gov- 
 ernment of each Province was provided in the 
 persons of Lieutenant-Governors, Houses of 
 Assembly, and Legislative Councils. The Lieu- 
 tenant (lovernor appointed the menibei.; of the 
 Council ; the people elected the members of the 
 Assembly. In Upper Canada the Legislative 
 Council was composed of not less than seven 
 members, who held their seats for life. The 
 members of the Legislative Assembly in Upper 
 Canada held office foi- four vears. In Lower 
 Canada the Legislative Council was composed 
 of not less than fifteen members ; the Legisla- 
 
,4 »•.,•«■, « |> S 
 
 ■ . • ./ 
 
 10 Manual of Govcrrment hi Canada. 
 
 
 I 
 
 tive Assembly of thirty members. The Houses 
 sat every year, and before any measure became 
 law it Avas necessary that it should be approved 
 of by the King. 
 
 The first Le{:?islature for Upper Canada, under 
 Lieutenant Governor Simcoe, met on the 18th of 
 September, 17i)2, at Niagara. x\ll the procedure 
 of the British Parliament was imitated as nearly 
 as could be by a very young colony, and in the 
 very unpretentious log building provided for the 
 assembled legislators. Certainly no Provincial 
 Legislatures so nearly approached in constitution 
 the pattern from which they were taken as the 
 mimic Parliaments of Niagara and Quebec under 
 the Constitutional Act of 1791 ; for their Lieut. - 
 Governors and Commoners were scarcely any less 
 than those of the i^resent day — their Legislative 
 Councillors were more than our Semitorial dig- 
 natories. A hereditary right to sit in the House 
 was in some cases recognized, similar to the 
 Peerage in England, though this transplanting 
 of aristocracy did not seem to thrive in a new 
 country. 
 
 The new Provincial Legislatures made such 
 laws as were approved of in England. All laws 
 in force before 1791 were to be effective till 
 altered or replaced by the new legislatures. The 
 first proceeding in Upper Canada was to make 
 the law of England the law of this country in all 
 things relating to property, civil rights, and trial 
 by jury, thereby remedying the Act of 1774 as 
 
 m 
 
 i 
 
 I I 
 
M. O. JOHNSTON. 
 
 BARRISTER, Ac. 
 OOOKPllCHt - C • 
 
 Manual of Gonrninent in Canada. 11 
 
 applied to British subjects. This Act is more 
 important, however, in a legal than in a constitu- 
 tional point of view. Several other important 
 Acts were passed in the first session, notably the 
 one abolishing slaver\'. 
 
 The Act of 1701, tiiough in a great measure 
 remedying the difiiculties that two races offer to 
 the legislator, was only a step towards self-gov- 
 ernment. Notwithstanding the assumptions of 
 Parliamentary power the Provincial Legislatures 
 possessed little of the omnipotence of even a 
 Colonial Parliament. The power of disallowance 
 in the King was in theory at all events a possible 
 check on the most popular Act emanating . 
 from the Colours and in practice it gave rise to 
 murmurings and discontent. The Lieutenant 
 Governor and his appointees, the Legislative 
 Council, were in effect the disallowing parties; 
 and it became a question who should govern the 
 Provinces — the members of the Assembly elected 
 by the people, or the irresponsible advisers of 
 the Crown. 
 
 This form of our Constitution lasted for fifty 
 years in Upper Canada, but was suspended in 
 the lower Province at being found impossible 
 for the two houses to work harmoniouslv. The 
 struggle for Responsible Government, which cul- 
 minated in deeds of violence in both Provinces 
 began early in both. It was not, however, till 1888 
 in Upper Canada that the Home Government 
 took steps to remedy the existing evils. Then the 
 
n 
 
 Mainiul of (iorrniiin'iit iit ('(Uui<hi. 
 
 ■ i 
 
 British (idvcniiiit'iit MLjuin took up the question 
 of Colonial (lovernniejit, and what was called the 
 Union Act of 1811 was passed, by which Upper 
 and Lower Cannda were united into one Colony, 
 with one Lef,nslative body for both Provinces. 
 Under the new Constitution j^iven bv this Act the 
 benetitsof PiesponsibleCtovernnient were accorded 
 for the first time to British Colonists in America. 
 Laws for both 'Provinces were enacted in a 
 Legislature which sat alternately in Toronto and 
 Quebec — sixty-two mend)ers representin<jj each 
 Province. Of these \'l were elected by the people, 
 and 20 a])i)ointed by the Crown as Le<jjishitive 
 Council. After fifteen years experience of this- 
 form of representation a new feature was intro- 
 duced. The Provinces were divided into electoral 
 districts — IS for each — and a representative 
 elected for eacli district, twelve to go out at the 
 end of every two years. This gave only partial 
 satisfaction ; and besides, a number of things 
 occurred to make the problem of discovering a 
 suitable Legislature for the Provinces ditbcult of 
 solution. The differences of race, of religion, 
 were as frequently dilliculties in the way of 
 harmonious government as at any time since the 
 cession. 'J'he seat of C4overnment was also no 
 trifling nnitter of arrangement. Up to lc.4i it 
 was pnrtof the time in Toronto and in Kingston. 
 After 1.S49, when it was removed from Montreal, 
 the Legislature sat alternately at Toronto and 
 Quebec. 
 
Mtuuial of (r()vern)ncnt in CdiKida. 
 
 IIJ 
 
 111 18."57 the project of Coiifedcratin*; the British 
 jiossessioDs iidjoiuing the Caiuulas was taken up. 
 After a number of conferences and resolutions 
 four out of six I'rovinces agreed to a union on 
 a federal l)asis, which caine into force in July, 
 1807. ■ The (jl)ject of the f;)lIowin,L; i)ages is to 
 give some idea of tlie details of the new Consti- 
 tution under the Jh-itisli North America Act of 
 1.SU7. it is the sixtli change thai has takt-ii 
 place for the old Colony of Canada since 17111) : 
 
 1. Military (iovornment ol' (renoral ^ruiniy, I7()0-I7ti4 
 
 2. Civil Government by Governor jind f 'ouncil, 1 70 1- 1 774 
 
 o. Govei'nniont under the Quebec Act i77417'.H 
 
 4. Govenuiient under the (."onstitutioual Act, I7'.H-1S41 
 
 ."). GovernnK'nt under the Union Act IS41-ISG7 
 
 (■». (iovernment under tlie B. X. A. Act 1S(')7 
 
 No references could fairly l)e made here to the 
 negotiations and conferences which led up to the 
 Union of 1867. The result was a new departure 
 m Colonial Government — the Provinces, retaining 
 control over a great part of their Local concerns, 
 were federallv united into one J)ominion or 
 
 ft/ 
 
 Colony, which legislated for them on all other 
 subjects. 
 
 Of the constitutional history of Nova S(;otia 
 and New Brunswick, prior to their admission 
 into the Federation of 1807, l)Ut little need be 
 said. Nova Scotia, fornierlv Acadia, was a Pro- 
 vince of France up to 17115, when it was ceded 
 by the Peace of Utrecht to (jreat Jiritain. In 
 1758, a Constitution was granted it ; and by it a 
 
U ii 
 
 14 MdiiKil of Goccriimcnt in Canada. 
 
 I 
 
 ) ' 
 
 i :i 
 
 Governor, a Lep;isLitive Council, and a Legis- 
 lative Assembly, made laws for tlie Province. 
 Nova Scotia comprised also the Island of Cape 
 Breton. New Brunswick, prior to 1784, was also 
 part of this Colony. The tirst Legislative 
 machinery of New Brunswick was similar to 
 that of Nova Scotia, except in the peculiarity 
 that the Executive Council of the Lieutenant- 
 Governor, consisting of twelve members, i)os- 
 sessed Legislative capacity. The Constitution of 
 these Provinces remained the same after the 
 passing of the British North America Act, 
 except as to certain points noticed hereafter. 
 
 Prince Edward Island was taken possession of 
 by the English in 1758. After the treaty of 
 Paris tUe Island and Cape Breton were annexed 
 to tiie Government of Nova Scotia, and after- 
 wards separated. The Island had the same form 
 of Government, prior to its admission into the 
 Federation of the Provinces in 1873, as Nova 
 Scotia.* 
 
 The Governor of Canada was Captain Gene- 
 ral of British America, but did not interfere with 
 the administration of the other Colonies. These 
 were presided over by what were called Lieu- 
 ' -^napt-Governors, though they were governors in 
 '■•erything but name, being commanders-in-chief 
 Y, Ithin their provinces and taking precedence next 
 after the Governor of Canada, t 
 
 * See Clark's Colonial Baw. McGregor on British America. Howard's 
 Colonial Law. 
 
 t See McGregor's British America. 
 
MiDiual of (iorcrnuwnt in Cdnadu. 
 
 15 
 
 ^egis- 
 vince. 
 Cape 
 ,8 also 
 dative 
 lar to 
 liarity 
 ^naiit- 
 ,, pos- 
 tioii of 
 21- tbe 
 L Act, 
 er. 
 
 sion of 
 
 ity of 
 
 iiiexecl 
 
 after- 
 
 e form 
 
 to the 
 
 Nova 
 
 British Coluirbia and Vancouver's Island were 
 formerly part of the Hudson hay Territory. 
 The latter in 1848 was assigned to the Comi)any 
 for ten vears, and about the end of that time it 
 and the mainland were taken away from the 
 Hudson Bay Company and formed into separate 
 Colonies. In 18(»G they were united under one 
 administration. Previously in 18();3 a lioyt^l 
 Governor was sent out and a Government f(jrnied, 
 one half of the advising Council being composed 
 of Government officials and the otlur half elected 
 by the i)eople of the Colony.* 
 
 Manitoba and the North-West Territories had 
 no separate political existence before forming 
 part of Canada. They were portions of Prince 
 Rupert's Land, ceded to Canada by tiie Home 
 Government. 
 
 * See Muctie's Uritisli Cohuiibia, Macdoiiald's liritisli Culunibia, or 
 Eouruea' Story of our Colonies. 
 
 Gene- 
 \e with 
 ' These 
 
 Lieu- 
 liors in 
 
 ■chief 
 ie next 
 
 [oward's 
 
F 
 
 lii 
 
 CHAPTKI: II. 
 
 TIfi: FKDKRAL SYSTK.M «.F »;OVKKNMi:XT IN' ("AX.VnA. 
 
 TnK (.'onstitutioii inuler wiiioli we in Cuiiiula 
 ]\\v and are f:,'overne(l is a new (lei)arture in the 
 history of Colonial (rovernnunt. We have 
 glanced over the various experiments made l»y 
 the Provinces now composinj^ tiu' J)ominion of 
 Canada in tlie solution of satisfactory *j;overn- 
 ment : and tiiev are ''enerallv seen to 1k' com- 
 posed of a Governor, a Legislative Council, and 
 a Legislative Assenihlv for each Colon v or I'ro- 
 vince. ^lost of tiiese Colonial possessions were 
 heretofore all outlying fragments of the Empire, 
 with no cohesion and no nationality, with noth- 
 ing in common except the tie to the Mother 
 Country. The scheme of uniting the Provinces 
 had been long in contemjjlation. It was felt 
 that at least everything which they had in com- 
 mon miglit well he decided in one central legis- 
 lature : and that if one b(jdv could not direct all 
 the atlairs of the ditferent Provinces, they could 
 manage such interests as were not antagonistic. 
 The example of a great and prosper(>us Piepuhlic 
 was at hand as evidence of the success, or at 
 least the possihiiity of a Federac}', where each 
 State managed its own local concerns, hut dele- 
 gated certain powers to a Central Government, 
 to be held and exercised bv them in trust for the 
 
 % I 
 
Manual of Government in Canada. 17 
 
 whole Union. There were, on the other hanrl, 
 the traditions of the (Toverununt of Great Bri- 
 tain, wliich are the inheritance of all her present 
 and past Colonies. The present Constitution 
 is the result — the unintentional result, perhaps 
 — of a Federal system somewhat analogous to 
 that of the United States, so far as the distrihu- 
 tion of legislative power is concerned, and yet 
 heing very different from it in the underlying 
 principle of its Constitution. Like the States of 
 the Union, the Provinces of the Dominion are 
 united for some purposes, and separated for 
 others. There is n federacy — a union for mat- 
 ters of general and, one might say, national 
 interest ; there is a separation for matters of 
 local or internal interest. 
 
 This, however, is prohahly the only point of 
 resemhlance between Government in Canada and 
 in the United States ; and it will be seen pre- 
 sently tliat there is a great difference even in the 
 distribution of these powers. The study of the 
 United States Government becomes somewhat 
 useful in regarding our own, which is indeed a 
 a mixture of British principles and of Institutions 
 unknown in the British Constitution, but familiar 
 in tiie United States. 
 
 A Republican form of Government, such as 
 exists in the United States, has in theory little 
 in common with the British form of Government. 
 The similarity of President, Congress and Re- 
 presentatives at Washington to the Queen, Lords 
 
18 Maiuial of Govern me nt in Canada. 
 
 I 
 
 I 
 
 and Commons at London is apt to ))e misleading. 
 Tlie tlieory of Government is totally different in 
 each, and the distrihution of power to Liocal and 
 Central Legislatures has no counterpart in Great 
 Britain. The fact that the Government of 
 Canada has Local Legislatures and one central 
 one, and is in principle the same as the (rovern- 
 ment of Great Britain, makes a consideration of 
 both forms necessary to a Canadian -tudcnt. It 
 is mainly in reference to the distrihution of 
 Legislative power that a study of the United 
 States is of vnhie, although our Judiciary has 
 functions very analogous to theirs in regard to 
 questions of Constitutional Law. 
 
 The principle of Englisli and Canadian (iovern- 
 ment is theoretically that the Sovereign is the 
 source of power. The Queen is the head of the 
 Parliament, or chief legislative power ; the exe- 
 cutive power is vested in her, and the judicial 
 power emanates from her as Chief Magistrate 
 of the nation. The Sovereign is the apex — the 
 summit of the triple powder. Practically the 
 House of Commons in England controls the 
 Parliament or legislative power, directs the exe- 
 cutive and appoints the judiciary — the Sovereign 
 being satislied wdth the leader in the House of 
 Commons. So far it is the same in Canada. 
 
 In the United States the powers are divided 
 up, and do not point to any one source. The 
 Executive Government is vested in the President ; 
 and unlike the British Sovereign, he exercises 
 
 ^ 
 
Manual of Gorenunent in Canada. VJ 
 
 3rcises 
 
 it personally and is a real power in iiiiuself. 
 The Legislative power is possessed l)y the Senate 
 anil the House of Representatives, and the Judi- 
 ciary is vested in the Supreme Court of the 
 United States and in tlie other Congressional 
 Courts throughout the Union. 
 
 It may be safely said that tiie Iv\eeutive power 
 is the same here as in England ; the Legislative 
 and Judicial powers are more nearly allied to 
 those exercised in tiie United States, although 
 the source of both is dilferent. 
 
 First, as to the Legislative power : 
 
 When the present Constitution of the United 
 States was formed, one theory at all events in 
 regard to the distril)ution of Legislative jwwer, 
 was that the separate States of the Union sur- 
 rendered to the United States Government a 
 portion of their sovereignty, and retained all 
 the residue of it to themselves. This portion 
 was given to the Central Government absolutely 
 and irrevocably. The Local Governments kept 
 the reserved powers to themselves — the Central 
 Government was one of enumerated powers. 
 Every power not expressly given to the Central 
 Government was reserved to the Local Govern- 
 ment. The powers of both were derived from 
 the same source — the people — and it would 
 require the people to act before these powers could 
 be altered. 
 
 The action of the Separate Colonies of Great 
 Britain, which now form Canada, was somewhat 
 
7^ 
 
 i 
 
 Hi n 
 
 ^ 
 
 
 20 Manual of Government in Canada. 
 
 similar ; but tlie principle of surrendering their 
 Legislative powers is just the reverse of what it is 
 in the United States. The Provinces surrendered 
 all their Legislative powers to the Central 
 Government, reserving for themselves the power 
 to Legislate on certain specified subjects. With 
 us the enumerated powers are with the Local 
 Governments ; the reserved powers are with the 
 Central Government. Every power not expressly 
 given to the Provinces is given to the Dominion 
 of Canada. Both powers were derived from the 
 same source — the British Legislature ratifying 
 the will of the people of Canada — and these 
 powers cannot be altered but by that same 
 power. 
 
 In framing both Constitutions the grand prob- 
 lem was to divide up the powers between the 
 Local and Central Legislatures in the best pos- 
 sible way for the country. If the Local Govern- 
 ments got too much power there would be little 
 use in a FeJeracy — the Central Government 
 would be a shadow — a useless piece of expensive 
 machinery. If the Central Government got too 
 much, there would be a cry that local independ- 
 ence was gone — that it would be as well to have 
 one Government only — that the Local Legislj*.- 
 tures were mere municipal bodies with but few 
 powers and of little importance. The division 
 of the legislative power by the fathers of Con- 
 federation in Canada has not been the cause of 
 discontent or jealousy. The reserved powers 
 
Manual of Goreriumnt in Canada. 
 
 21 
 
 wore properly left to Tanada, as well as all mat- 
 ters of general interest and matters in which 
 uniformity in lej^islation is desirable. The Pro- 
 vinces have not complained of an unequal dis- 
 tribution : and if there is anything to complain 
 of, they nniy blame themselves. The Dominion 
 and the powers of its Parliament are the creation 
 of the Provinces. They allotted the distribution 
 before the Dominion existed. 
 
 Second, as to the Judicial power: 
 
 The duties of the Canadian Courts are rela- 
 tively of more importance than those of the Bri- 
 tish Courts. In England the powers of the 
 Legislature are, so far as human power can be, 
 omnipotent. Its acts are superior to judicial 
 interi)retution, so far as the question of their 
 constitutionsilitv is concerned. In Canada the 
 Courts are in a different position. Its humblest 
 tribunal may declare an Act of Parliament un- 
 constitutional, and may refuse to follow it. 
 Tliere can be no restraint put upon the due 
 exercise of the judicial power by any authority, 
 Dominion or Provincial ; for that would be to 
 place the;^* bodies above the. law which created 
 them and granted them powers which are not 
 ulisolute, and which no legislation of theirs can 
 make so. * 
 
 A Provincial Legislature ma\' trench in the 
 limits of the Dominion, and the Parliament of 
 Canada may usurp local rights. In either of 
 these cases tho courts mupt declare whether the 
 
 *Kegiiia v. Taylor, Mr. Justice (now Chief Justice) Wilson. 
 
i I 
 
 I 
 
 1 
 
 : 
 
 ■1 
 
 1 
 
 ft. 
 
 
 \' 
 
 
 I 
 
 ( 
 
 n 
 
 • 
 
 
 ' 
 
 . [ 
 
 22 Manual of Government in Canada. 
 
 legislative bodies have transcended their powers, 
 and may declare acts of this nature unconstitu- 
 tional and void. 
 
 A similar judicial power exists in the United 
 States. The Supreme Court is the most im- 
 portant judicial tribunal in the world. It is the 
 supreme arbiter of the nation under the consti- 
 tution. 
 
 A conpideration of the foregoing will give some 
 idea not only of the difficulty of forming a right 
 notion of the complicated system of government 
 in its different divisions that obtains amongst 
 us, but will also furnish us with a proper notion 
 of the importance of Canada presiding over her 
 Provinces and Territories. 
 
 " Canada," says one of her most distinguished 
 statesmen, ** is not merely a Colony or a Pro- 
 vince. She is a Dominion composed of an 
 aggregate" of seven large Provinces, federally 
 united under one Imperial charter, which ex- 
 presslj' recites that the Constitution is to be 
 simi'^v to that of the United Kingdom. Nay, 
 more , besides the power with whieli she is 
 invested over a large part of the affairs of the 
 inhabitants of the several Provinces, she enjoys 
 absolute power of legislation and administration 
 over the people and Territories of the North- 
 West, out of which she has already created one 
 Province, and is empowered to create others, 
 with representative institutions." * 
 
 *Hon. K. Blake, Minister of JuBtice, to the Earl of rariiaivoii, 187«). 
 
CHAPTER ill. 
 
 THE CONSTITUTION OP CANADA. 
 
 The Imperial Act, knowD as The British North 
 America Act, 1867, settled and defined the 
 present Constitution of Canada. For several 
 years previous to that date, as has already been 
 intimated, the question of uniting portions of 
 the British possessions in America was actively 
 discussed. After a number of concessions from 
 all parties the points of agreement were laid 
 before the British Parliament, and a written 
 Constitution drafted thereon. The.late Province 
 of Canada, comprising Upper and Lower Canada, 
 and the Provinces of Nova Scotia and New 
 Brunswick were federally united into one 
 Dominion — Canada — under the Crown of the 
 United Kingdom of Great Britain and Ireland, 
 with a Constitution similar in principle to that 
 of the United Kingdom. By it one Parliament, 
 consisting of the Queen, an Upper House, styled 
 the Senate, and the House of Commons, was 
 given to Canada. The Executive power of and 
 over Caniida was continued, and is vested in the 
 Queen. A Privy Council to aid and advise in 
 the Government of the country was established, 
 anl an officer styled the Governor-General, who 
 possesses all the powers, authorities and func- 
 tions of our former Governors, so far as they can 
 
II 
 
 i 
 
 it 
 
 24 Manual of Government in Canada. 
 
 apply under the Act, represents her Majesty 
 the Queen, and carried on the Government in 
 her name and on her behalf. The Senate was 
 a body appointed by the first Governor-General, 
 and intended to be as permanent as in the 
 nature of things they could well be. The mem- 
 bers of the House of Commons were to be elected 
 by the votes of the people as their representa- 
 tives. These three constituent elements of our 
 Parliament, corresponding to the Queen, Lords 
 and Commons in England, are to be expected, 
 when it is remembered that the principle of the 
 Colonial and Imperial Parliaments was intended 
 to be the same. Here, as in England, the chief 
 Executive Power is declared to be vested in the 
 Queen, but limited by the two houses of Parlia- 
 ment- The basis of the British Constitution is, 
 that the power of making, abrogating, changing 
 or explaining its laws belongs to Parliament 
 alone. Bearing in mind the power of disallow- 
 ance lodged in the Governor-General and in the 
 Queen, there is no doubt but that the Canadian 
 Parliament has, under its Constitution, a parallel 
 authority. Neither in England nor here does 
 the Legislative power reside in the Crown, 
 though the latter possesses the whole power of 
 carrying out the laws. The desire of the guar- 
 dians of both Constitutions is said to be to keep 
 the 3xercise of the Legislative and Executive 
 powers as distinct as possible from each other. 
 In effect, however, they are linked together, as 
 
Manual of Government In Canada. 26 
 
 will be seen hereafter. Tlie power of the Crown 
 being limited by its Constitutional advisers, 
 the form of Government is called a limited 
 Monarchy. The power of the Crown in England 
 was declared in 1G88 to be derived from a con- 
 tract with the people. The people owe allegiance 
 to the Crown, and the Crown grunts protection in 
 return. The Crown represents the nation — is 
 supreme Magistrate, appoints judges, distributes 
 honors, receives and sends ambassadors, makes 
 treaties, declares war, summons and dissolves 
 Parliament. But all acts of the Crown must be 
 advised and transacted by ministers responsible 
 to the people, and the King or Queen nuist 
 govern according to law.* 
 
 In Canada the I'oyal Authority is the same as 
 in England — Eoyalty here acting through a 
 representative. The contract with the people in 
 the Constitution is traceable to the cession of 
 Canada by the Treaty of Paris in 1763, and re- 
 acknowledged in various ways since, chiefly by 
 the Act of Confederation, which was the work of 
 the people's representatives. But the functions 
 of a Governor-General, though representing 
 Eoyalty, are more restricted than those apper- 
 taining to Royalty itself. His duties do not 
 involve many international offices — he has no 
 ambassadors to send, and Canada as a Colony 
 has none to receive. There are no treaties to be 
 made nor wars to be declared ; but it is probable 
 
 * Cox's British ConiinonweuUh. 
 

 
 t i l! 
 
 
 26 Manual of (iovernment in Canada. 
 
 that all the prerogatives of Royalty necessary to 
 a Colony are exerciseable by him, and attached 
 to his person and office. 
 
 The Senate, though corresponding largely to 
 the House of Lqrds in England, yet differs in 
 many respects from the latter body. The 
 absence of a titled aristocracy in Canada, to 
 which the members of our Upper House may be 
 supposed to belong, is one chief feature. The 
 duration of their Patents, the limit to the term 
 of holding office, the restriction as to their 
 numbers, the absence of judicial functions, are a 
 few of the points of difference between them. 
 The chief uses of both bodies mav be said to be 
 the same — to prevent hasty legislation, and be in 
 composition a body fearless of wrathful consti- 
 tuents and an equipoise to preserve the balance 
 of the Constitution. 
 
 The third estate in the realm, the Commons, 
 has fewer points of dissimilarity tlian either of 
 the other two. The Commons, under a constitu- 
 tional form of government such as we possess, 
 are the important part of Parliament. The 
 Privy Council, if not mainly of their number, 
 report in their House as to the manner of con- 
 ducting the Government. The supplies for 
 carrying on all government originate with thorn. 
 They are in fact the people — the supreme ruling 
 power. 
 
 With us, as in England, the concurrence of 
 these three elements of Parliament is necessarj' 
 
Manual of Government in Canada. 27 
 
 to every measure. All must act in concert in 
 order to produce a law. If the Lords in England 
 should refuse to act harmoniously with the 
 Commons, new Peers of the realm could be created 
 in accord with the popular wish. If the Com- 
 mons could not agree with the Lords, the former 
 could be dissolved and new members elected by 
 the people. But the last power would generally 
 be found to be with the Commons, who have 
 virtually, in England at all events, the deter- 
 mining of the law in their own hands. In Canada, 
 in case a deadlock were to occur between the 
 Senate and the Commons, there could very well 
 arise cases for which no remedy is at hand. 
 The number of Senators cannot be increased but 
 by a very small number, which may be still too 
 small to command a majority ; and if the Com- 
 mons and Senate remained obstinatelv in 
 opposition to each other the Government could 
 not go on. It would be necessary to have an 
 Imperial Act passed to make legislation possible 
 and the work of Government continue. 
 
 In case the Senate and Commons agree, Bills 
 may be reserved by the Governor-General for 
 the signification of the Queen's pleasure, or he 
 may withhold the Queen's assent. Our position 
 as a Colony gives rise to the former case. The 
 latter has no counterpart, in practice at least, in 
 England. There, if a Bill be passed in the 
 Lords and Commons, the Queen does not now 
 refuse her assent thereto, the power of veto- 
 
T 
 
 It, I 
 
 I 
 
 28 Manual of Government in Canada, 
 
 having fallen into disuse. Here, if a Governor- 
 General refused the Queen's assent to a Bill, it 
 would be equivalent to an intimation to the 
 Ministry to resign — that he refuses to take their 
 advice. While possessing the undoubted right 
 to refuse the Queen's assent to any Bill, a Cana- 
 dian Goveriior-G<aieral will scarcely ever refuse 
 the Queen'ii absent but adopt the other course 
 of reserving it loi Jier ^Fajesty's pleasure in the 
 event of its luting objectionable. 
 
 The peculiar fea.;..«'e of" the British Constitu- 
 tion in its Cabinet, or Privy Council, has been 
 alreadj' noted. The Privy Council would seem 
 to mean the present and past advisers of the 
 Crown. In practice, however, the past advisers, 
 who are usually in Opposition, do not tender 
 advice till called upon in a change of Ministry. 
 The Cabinet Council here, as in England, means 
 the Ministry or Administration for the time 
 being — the Government, in fact, of the day. 
 
 The task of Government is carried on by an 
 Administration so long as they can command a 
 majority in the two Houses of Parliament, and 
 are the choice of the Crown. This is what is 
 meant both in England and here by responsible 
 government. Parliament here has no judicial 
 functions, nor does any of its branches form an 
 Appellate Court, as in England. When a change 
 of Ministry occurs by the action of Parliament, 
 its action is administrative. The functions of 
 Canadian Parliaments otherwise are mainly 
 
Manual of Government in Canada. 29 
 
 it, 
 of 
 
 legislative, and in this respect the Parliament of 
 Canada is limited to certain specified subjects 
 under the Constitution. 
 
 These will be referred to hereafter. In Great 
 Britain the Parliament is the supreme ruling 
 power — it represents the sovereignty of the 
 British people. 
 
 In all Colonies there is a division of the sov- 
 ereign power, part of it being exercised by the 
 Colonial Legislature and the remainder by the 
 Imperial Legislature. In Canada there is a 
 threefold division of sovereignty — part of it 
 Imperial, part Canadian, and part Provincial. 
 These, although they all exist and are exercised 
 within the same territory, are yet separate and 
 distinct sovereignties acting separately and 
 independently of each other within their respec- 
 tive spheres.* 
 
 Every subject proper to be legislated for in 
 Canada falls either within the sovereignty of the 
 Provinces or of the Dominion. In two instances^ 
 that of Immigration and Agriculture, it may 
 fall within both. In matters where Imperial 
 interests are in question it is likely to fall within 
 neither. 
 
 Other points of difference in the Constitutions 
 are mainly in details, and arise from difference 
 of position. The English Constitution is for the 
 most part unwritten. Some few of the great 
 props, such as the Magna Charta, the Bill of 
 
 ^ See Cooley on Constitutional Limitatious. 
 

 i 
 
 1^ 
 
 80 Manual of Government in Canada. 
 
 Rights, the Act of Settlement, are embodied in 
 Acts of Pailiament with the other laws of the 
 land. 
 
 The Dominion has, in fact, a written and de- 
 fined Constitution, but it is not limited by it. It 
 possesses powers which are neither defined nor 
 limited, excepting by the Confederation Act and 
 the Imperial Statute 28 and 29 Vic, ch. 63. 
 It has general sovereignty in all matters but 
 those in which it is expressly excluded, or in 
 which, from the inherent condition of a depend- 
 ency, it is necessarily and impliedly restricted.* 
 
 ♦Mr. J. (now C. J ) Wilson, Begiua v. Taylor, 3(i U. I'. K. 
 
 V 
 
CHAPTKK IV. 
 
 rUK PARLIAMENT OF CANADA.— BO VAL AUTHORITY. 
 
 Thk first constituent element of the Parlia- 
 ment of Canada is not only in principle, but is 
 in realit3' the same as the first element of the 
 Parliament of the United Kingdom. This is the 
 King or Queen of Great Britain and Ireland, who 
 is the first estate in the realm. 
 
 In Canada the King or Queen is represented 
 b}' a Governor-General, who is aj^pointed by the 
 Secretary of State for the Colonies. He holds 
 office during the pleasure of the Sovereign of 
 Great Britain ; and in the event of the Sovereign's 
 death, for six months after that date, in case no 
 new appointment is made. An administrator or 
 other officer may be appointed to carry on the 
 Government of Canada on behalf of and* in the 
 name of the Queen, and all the provisions of 
 the Confederation Act, in reference to the 
 Governor-General, apply to such administrator, 
 or under whatever other title he may be known. 
 The Queen may authorize the Governor-General 
 to appoint any person or persons jointl}' or 
 severally to be his Deputy or Deputies, within 
 any part or parts of Canada, and the Governor- 
 General may assign to such Deputy or Deputies, 
 to exercise during his pleasure, such powers, 
 functions and authorities of the Governor- 
 
32 Manual of Government in Canada. 
 
 f ' 
 
 f i 
 
 t . 
 
 \ 
 
 General as the latter may deem necessary or 
 expedient to assign to him or them, subject to any 
 limitations or directions expressed or given by 
 the Queen. Any such appointment, however, 
 does not affect the powers, authorities and 
 functions of the Governor-General himself. ^ 
 The death of the Governor does not dissolve 
 the Parliament. It is called to consult with the 
 Queen, and not with him ; and there might be 
 ten Governors during the reign of one Queen, 
 with the same Parliament assisting at the last 
 as well as the first. He is not the caput prijici- 
 pium et finis of the Colonial Constitutions.* 
 
 The Governor General chooses and summons 
 his Privy Councillors, and removes them when 
 the Government of Canada requires it. 
 
 He also summons in the Queen's name, by 
 instrument under the Great Seal of Canada, 
 persons of necessary qualifications for Senators. 
 At the time of the Union of the Provinces in 
 1867, Lord Monck, the first Governor General of 
 the Dominion of Canada, inserted the names of 
 the Senators in the Queen's Proclamation of the 
 Union of the four Provinces. Any additional 
 Senators are hereafter to be summoned by the 
 Governor-General ; and whenever a vacancy 
 happens in the Senate by resignation, death or 
 otherwise, the Governor- General fills the vacancy 
 by new appointments of qualified persons. 
 
 He also appoints a Speaker to the Senate, and 
 
 * Chalmer's Opinfons. 
 
jessary or 
 
 Manual of Government in Canada. 33 
 
 may remove and appoint another in his place. 
 The Speaker must be a Senator ; and in this 
 particular the Senate, as to that officer, differs 
 somewhat from the Speaker of the House of 
 Lords in England, who is not necessarily a Peer 
 of the realm — or member of the House of Lords. 
 But in case he is not a Peer, he is not entitled to 
 vote or take part in the debates in the House. 
 
 The Governor-General summons and calls 
 together the House of Commons in the Queen's 
 name, and may dissolve the same within the 
 period of five years from its commencement. 
 Independent of this statutory provision the 
 prerogative right in relation to the dissolution of 
 General Assemblies is at least as extensive in the 
 Colonies as it ever was in England. In respect 
 to the English Parliament and this prerogative 
 of the Crown, whatever the extent, of it may be, 
 every Governor by his Commission is empowered 
 to exercise in his particular Province.* 
 
 He is empowered to assent in the Queen's 
 name to Bills passed in both Houses. He may 
 also refuse the Queen's assent to such Bills, or 
 he may reserve the Bill for the signification of 
 the Queen's pleasure. He also, when the Queen's 
 pleasure is signified on a reserved Bill, declares 
 by Speech or Message to the Houses, or by Pro- 
 clamation, that it has received the assent of the 
 Queen in Council. Copies of all Bills assented 
 to are sent to one of the Secretaries of State, and 
 
 '' Chalmer'a Opinions. 
 
I 
 
 84 Manual of Government in Canada. 
 
 it 
 
 1." '■ 
 
 >1 Ift li 
 
 \ 
 
 t? 
 
 
 may be disallowed at any time within two years. 
 He must recommend to the House of Commons 
 all money bills. He originates no measure, and 
 by himself has no Legislative powers. He has 
 a negative voice only in the Legislature. 
 
 The ( rOvernor-General appoints the Judges for 
 the Superior, District and County Courts, except 
 the Judges of the Probate Court in Nova Scotia 
 and New Brunswick, and may remove Judges of 
 the Superior Courts on address of the Senate 
 and House of Commons. He has also, until the 
 Parliament of Canada otherwise i)rovides, the 
 appointment of such officers as may be deemed 
 necessary and proper for the effectual execution 
 of tlio Confederati n Act. An appeal lies to the 
 Governor-General in Council from any act or 
 decision of any Provincial Authority in reference 
 to Separate or Dissentient schools in relation to 
 Education affecting the rights and privileges of 
 any supporters of Separate or Dissentient schools. 
 In case Provincial law seems to the Governor- 
 General in Council requisite for this purpose, and 
 that it is not made by the proper authorities ; or 
 in case the proper Provincial authorities do not 
 duly execute the directions of the Governor-Gen- 
 eral in Council in any such appeal, the Parlia- 
 ment of Canada may legislate thereon. 
 
 The Governor- General in Council appoints a 
 Lieutenant-Governor for each Province under 
 the Great Seal of Canada, and may appoint an 
 Administrator to execute the office and functions 
 
Matnidl of Government in Canada. 85 
 
 of Lieutenant-Governor during the abHence, 
 illness or other inabilities of the latter ; and the 
 Governor-General* may remove a Lieutenant- 
 Governor within five years from his appointment 
 on assi^aiing cause for such removal. The Gov- 
 ernor-General in Council may disallow acts of a 
 Provincial Lepjislature within one year after their 
 enactment in the same way as the disallowance 
 of an act of the Parliament of Canada is signified 
 in Kngland, except that in the latter case two 
 years are allowed to pass instead of ne. 
 
 The power of the Governor-General in Coun- 
 cil to disallow a Provincial Act is as absolute as 
 the power of the Queen to disallow a Dominion 
 Act, and is in each case to be the result of the 
 exercise of a sound discretion, for which exercise 
 of discretion the Executive Council for the time 
 being is, in either case, to be responsible, as for 
 other acts of Executive Administration.! 
 
 The twelfth section of the British North 
 America Act relates to the general powers of the 
 Governor-General, and is as follows : 
 
 * In some parts of the Act of 1867 certain powers are given to the 
 Governor (f eneral in Council, and in otlier parts to the Governor General, 
 omitting the words in Counci'. This arose, it is said, from adopting the 
 language of older Acts under which tlie (iovernor General had unmis- 
 takeable powers apart from or independent of his Council. Before the 
 era of Responsible Government in Canada the Governor (Jeneral by him- 
 self had large administrative powers, and the phrase Governor General 
 had a different significance from what it has now. The Council was then 
 an irresponsible body ; so long as they agreed with the Koyal representa- 
 tive they cared little for the popular element. The popular element now 
 controls the Council, and it is apprehended that any acts of a Governor 
 General for which an existing Ministry is to be called to account by the 
 people, must be done on the advice of his Council, no matter whether so 
 pxpreb-^ied or not. See Sir John A. Macdonald's letter to Sir Michael 
 Hicks Beach on the Letellier question, and the Hon. Edward Blake on 
 the Royal Instrrictions to Lord Dufferin as to exercise of Prerogative of 
 Pardon by a Governor General. 
 
 t Per C. J. Harrison in Leprohon v. Ottawa, 40 U. C. B. 
 
1 
 
 i 
 
 i 
 
 : 
 
 36 Manual of Government in Canada. 
 
 " AH Powers, Authorities, and Functions which, under 
 any Act of the Parliament of Great Britain, or of the 
 Parliament of the United Kingdom of Great Britain 
 and Ireland, or of the Legislature of Upper Canada, 
 Lower Canada, Canada, Nova Scotia or New Brunswick, 
 are at the Union vested in or exerciseable by the 
 respective Governors or Lieutenant-Governors of those 
 Provinces, with the Advice, or with the Advice and 
 Consent, of the respective Executive Councils thereof, 
 or in conjunction with those Councils, or with any num- 
 ber of Members thereof, or by those Governors or 
 Lieutenant-Governors individually, shall, as far as the 
 same continue in existence and capable of being exer- 
 cised after the Union in relation to the Government of 
 Canada, be vested in and exerciseable by the Governor- 
 General, with the Advice or with the Advice and Con- 
 sent of or in conjunction with the Queen's Privy Council 
 for Canada, or any Members thereof, or by the Governor- 
 General individually, as the Case requires, subject never- 
 theless (except with respect to such as exist under 
 Acts of the Parliament of Great Britain or of the Par- 
 liament of the United Kingdom of Great Britain and 
 Ireland) to be abolished or altered by the Parliament of 
 Canada." 
 
 The Acts of the Parliament of Great Britain 
 •which could relate to this subject are 14 Geo. 
 III., cap. 83, and 31 Geo. T., cap. 31, both of 
 which have already bee referred to as the 
 Quebec Act of 1774 and the Constitutional Act 
 of 1791. 
 
 There is nothing in the Quebec Act further 
 than repealing the Proclamation of October, 
 1763, as to the Provisional Government and all 
 the powers and authorities given to the Gov- 
 ernors. 
 
!•? 
 
 Manual of Government in Canada. 37 
 
 In the Constitutional Act, 1791, there is for 
 the first time a Governor or Lieutenant-Governor 
 given to the Provinces of Upper and Lower 
 Canada, into which the former Province of 
 Quehec was divided. The powers of the Gov- 
 ernor or Lieutenant-Governor under this Act 
 were as follows : 
 
 (1) Bills passed by the Legislative Council 
 and Assembly of the Provinces were, before 
 becoming law, to be assented to by His Majesty, 
 or, in his name, by the Governor or Lieutenant- 
 Governor of the Provinces. 
 
 (2) It was lawful for His Majesty, by instru- 
 ment under the sign manual, to authorize and 
 direct the Governor or Lieutenant-Governor to 
 summon the members of the Legislative Council 
 — seven in Upper Canada and fifteen in Lower 
 Canada — and also such other persons to the^ 
 Council as he may think fit. 
 
 (3) It was lawful for him to summon and call 
 together the Legislative Assembly. 
 
 (4) It was lawful for him to divide the Pro- 
 vinces into Districts, to appoint Returning 
 Officers and the time and place of holding elec- 
 tions. 
 
 As to assenting to Bills, he declared such 
 assent according to his discretion, but only sub- 
 ject to the Act. He could withhold his assent, 
 or reserve it for His Majesty's consideration. 
 
 A feature of this Act is that the Royal instruc- 
 tions to three of tlie former Governors — Guy 
 Carleton, Sir Frederick Haldimand and Lord 
 
 W 
 
r 
 
 38 Manual */ (iorernment in Canada. 
 
 t 
 
 Dorchester — in reference to tithes and the sup- 
 port of clergy were incorporated into tlie Act. 
 
 The Union Act 3 & 4 Victoria, cap. 35 (1840), 
 
 an Act of the Parliament of Great Britain and 
 
 Ireland, has two sections bearing upon this 
 
 subject. Sec. 40, as to the Authority of the 
 
 Governor, is as follows : 
 
 " Nothing herein contained shall be construed to limit 
 or restrain the exercise of Her Majesty's Prerogative in 
 authorizing, and notwithstanding this Act, and any other 
 Act or Acts passed in the Parliament of Great Britain, 
 or in the J^arliument of the United Kingdom of Great 
 Britain and Ireland, or of the Legislatin-e of the Pro- 
 vince of Quebec, or of the Provinces of Upper or Lower 
 Canada respectively, it shall he lawful for Her Majesty 
 to authorize the Lieutenant (iovernor of the Province of 
 Canada to exercise and execute, within such parts of 
 the said Province as Her Majesty shall think fit, notwith- 
 standing the presence of the Governor within the Pi'O- 
 fince, such of the 2>o^vers, functions, and authority, as 
 well judicial as other which before and at the time of 
 passing of this Act were and are vested in the Governor, 
 Lieutenant Governor or Person administering the Gov- 
 ernment of the Provinces of Upper Canada ■ind Lower 
 Canada respectively, or of either of them, and which 
 from and after the said Ke-union of the said two Pro- 
 vinces shall become vested in the Govevnor of the 
 Province of Canada; and to authorize the Governor of 
 the Province of Canada to assign, depute, substitute, 
 and appoint any i)erson or persons, jointly or severally, 
 to be his Deputy or Deputies within any i)art or i^arts of 
 the Province of Canada, and in that capacity to exercise, 
 I^erform, and execute during the pleasure of the said 
 Governor such of the powers, functions, and authorities, 
 as well judicial as other, as before and at the time of the 
 passing of this Act were and are vested in the Governor, 
 
 L\\ 
 
 •*^^u" 
 
 ■ i iwi MW Ii r ii w ..i^„v':|}ttSI)aifl^:iSit4f^ 
 
Maiiual of Government In Canada. 
 
 39 
 
 SllJ)- 
 
 Lieutenant Governor, or Person administering the Gov- 
 ernment of the Provinces of Upper and Lower Canada 
 respectively, and which from antl after the Union of the 
 said Provinces shall become vested in the Governor of 
 the Province of Canada, as the Governor of the Province 
 of Canada shall deem to be necessary or expedient : 
 Provided always, that by the apj (ointment of a Deputy 
 or Deputies as aforesaid, the power and authority of the 
 Governor of the Province of Canada shall not be 
 abridged, altered, or in any way affected, otherwise than 
 as Her Majesty shall think proper to direct." 
 
 Sec. 59 of the same Act reads : 
 " All powers and authorities expressed in this Act, to 
 be given to the Governor of the Province of Canada 
 shall be exercised by such Governor in conformity with 
 and subject to such orders, instructions, and directions 
 as Her Majesty shall from time to time see fit to make 
 or issue." 
 
 The Tmporial Enactment, 17 and 18 Vic, cap. 
 IIH (1854), which altered the Union Act, has no 
 important reference to the powers of Governor. 
 It defines the word " Governor" as comprehend- 
 ing the Governor, and in his ahsence, the 
 Lieutenant-Governor, or person authorized to 
 execute the office, or the functions of the 
 Governor of Canada. 
 
 Of the numerous references made to the 
 Governor of the late Province of Canada, in 
 the Statutes, from the Union till Confederation, 
 no detailed reference could be made hero. Thev 
 refer to the necessary duties of Chief Executive 
 Officer of the Province, entrusted with carrying 
 on the Government under the Constitution. In 
 one place we find him made a Corporation sole 
 
II 1 i 
 
 S 1 
 
 i ( 
 
 5 ' 
 
 II 
 
 i\ 
 
 40 Manual of Government in Canada. 
 
 — has power of issuing Proclamations, Com- 
 missions, &c. In 1845 an Act was passed 
 relating to Commissions, in the first section of 
 which it was enacted that in the demise of the 
 Crown no new Commissions need issue, but a 
 proclamation continuing all public ofiicers in 
 their place should be sufficient. Section 2 is as 
 follows : — '* Nothing in the next preceding section 
 shall prejudice, or in any way affect the rights or 
 prerogative of the Crown, with respect to any 
 office or appointment, derived or held by authority 
 from it, nor prejudice, or affect the rights, or 
 prerogatives thereof in any other respect what- 
 soever." Power is expressly reserved to Her 
 Majesty in an Act passed in the same year to 
 prorogue or dissolve the Provincial Parliament 
 of Canada on the demise of the Crown. 
 
 The foregoing will give some idea of the 
 Statute Law, on the powers of a Governor- 
 General ; and it is to this, rather than to any- 
 thing else, that recourse must be had in order to 
 discover what are his powers, authorities and 
 functions. Such prerogative rights of the 
 Crown in England as are called personal rights 
 of the Sovereign, are conveyed to Governors of 
 Colonies only by express delegation. The 
 Royal Commission and Royal instructions gene- 
 rally contain the extent of these. 
 
 The Governor of a British Colony is in general 
 invested with Royal Authority, and is the repre- 
 sentative and deputy of the British Sovereign. 
 The Sovereign alone exercises the prerogatives 
 
 «.v. 
 
 ■««**»«»(*-■ WW^aWHRtT':. ■. i(mi*H!SWW«|K|HW:-b.«s'' 
 
Manual of Goveimment in Canada. 
 
 41 
 
 of the Crown, and these Royal rights and powers 
 cannot be vested in two persons at the same time. 
 They may and are, however, delegated to Colonial 
 Governors either by the Charter Governments of 
 the Colony or by the Royal Commission and 
 Instructions, but only by express terms. The 
 fundamental rights and principles upon which 
 the Royal Authority rests, and which are neces- 
 sary to maintain it, extend to the Colonies. The 
 Queen is Sovereign of Great Britain and pf the 
 Colonies as well She lias perpetuity, and can 
 do no wrong constitutionally within the British 
 Dominions. The local prerogatives in England, 
 unless by express grant, do not extend to the 
 Colonies ; but it seems on good authority that 
 the minor prerogatives and interests of the Crown 
 may be taken up and dealt with by the Colonial 
 Legislatures. Until that happens the prerogative 
 in England prevails.* 
 
 This occurred in Ontario where a Lieutenant- 
 Governor was, unless and until authorized bv his 
 Legislature, incapable of creating Queen's Counsel 
 — the prerogative of fountain of honor not being 
 within his power under the British North America 
 Act.f This prerogative is, however, vested in 
 the Governor-General, lie being the Queen's 
 representative in Canada. The law on the 
 question of prerogative is laid down in Chalmer's 
 
 Opinions of Eminent Lawyers : 
 
 "The prerogative in the Colonies, unless whore it is 
 
 * Chitty on PreroKatives of tlie Crown. 
 
 t The .IiuIki's of the Suprpme Court a)>])car to differ on tliis point with 
 the law officers of the Crown in England. 
 
 
N 
 
 42 
 
 Mnuifil of Government in Canada. 
 
 abridged by grants, etc., made to the inhabitants, is 
 that power over the subjects considered either seiDarately 
 or collectiv(^ly, which by the Common Law of England 
 abstracted from Acts of Parliament, and grants of 
 liberties, &c., from the Crown to the subject, the King 
 could rightfully exercise in England." 
 
 The Common Law of England on the question 
 of prerogative is, therefore, the Common Law of 
 the Colonies on that subject — unless where the 
 Charter orlioyal Commission interposes to extend 
 or restrict it — and this Law is set out in 17 
 Edward IL, cap. 1, a Statute simply declaratory of 
 the Common Law. The Governor-General is the 
 representative of the Queen, and the Queen is 
 part of our Constitution. Whatever rights are 
 necessarv or exerciseable in a colonv must vest 
 in him as Royal representative, and it is not 
 material whetlier they are statutory or prero- 
 gative rights. VI- , ',i ...i: r .. ,i 
 
 The Pioyal Commission and Royal Instructions 
 are now reduced to the most general terms, and 
 contain no express delegation of any prerogative 
 rights.* ' ; 
 
 When the Governor-General has dismissed 
 one set of ministers, and is about to choose 
 anotlier, then, and then only, does he appear 
 to stand alone under our Constitution. Even 
 in this case, the new Ministry is responsible 
 — the Crown is never responsible. The Crown 
 
 * See the correspondence between the Hon. Edward Blake and the Earl 
 of Carnarvon as to the Koyal Comraission and Instructiona to Lord Duf- 
 forin, and conii)are tlie present f'ommission and Instructions with the hist. 
 Not only Cannda hut all the ISritish Colonies ov/e a debt of jafratitude to 
 the distinguished Minister of Justice who successfully pleaded their cause 
 before the Colonial Secretary on this occasion. 
 
 '<-0m'^m»i--<^- 
 
mmmm 
 
 Manual of Gove nunc nt in Canada. 
 
 43 
 
 is not supposed to have ministers unless it 
 accepts their advice. Its independent judgment 
 seems to be called into requisition when it is 
 a question as to what party will the reins of 
 power be entrusted. Once having made a 
 selection, its acts are the acts of the new 
 ministry — it is no longer on the Governor- 
 General's advice, but on theirs, that the country 
 is governed. 
 
 So far as Legislative powers are concerned, 
 the Governor-General possesses only a negative 
 voice. The Queen herself cannot be said but by 
 fiction to possess any such powers, as the first 
 estate in Parliament would seem to imply. A 
 measure becomes law in England, it is true, 
 with her assent, but she would not now refuse 
 her assent on a measure passed in both Houses. 
 The two Houses of Parliament could send up a 
 Bill deposing her, or altering the succession, and 
 she would be obliged to sign it ; and if one 
 Sovereign refused his or her assent, another 
 could be got to grant it. As a late vigorous 
 writer puts it : " She must sign her own death 
 warrant, if the two Houses unanimously sent it 
 up to her." ■= The Governor-General has in the 
 reservation of Bills a certain power, but beyond 
 this and his Instructions, and an undoubted 
 right to refuse advice tendered by ministers, the 
 principle of the British Constitution leaves in 
 him as the Queen's representative no positive 
 legislative powers whatever. 
 
 * Biigehot, on the English Constitution. 
 
CHAPTER V. 
 
 t < 
 
 
 
 • 
 
 il' 
 
 n 
 
 THE PARLIAMENT OF CANADA.— THE SENATE. 
 
 The Senate or Upper House is the second 
 element in the Parliament of Canada, and was 
 composed of 72 members when first summoned 
 — 24 from Ontario, 24 from Quebec, and 24 from 
 the Maritime Provinces of Nova Scotia and New 
 Brunswick. This number from the Maritime 
 Provinces included their share in the Senate 
 whenever Prince Edward Island was thereafter 
 admitted. 
 
 Since Confederation British Columbia has 
 been admitted, and sends three members. 
 Manitoba sends two members until its j^opulation, 
 according to a decennial census, attains 50,000 
 inhabitants, when it may send three ; and when 
 the population reaches 75,000 it will be entitled 
 to four representatives in the Senate. The 
 Territories are not j'et represented. When 
 Newfoundland is admitted she will be entitled to 
 send four Senators to the Canadian Parliament. 
 The Governor-General may recommend the 
 appointment of three or six Senators, and in case 
 the Queen thinks fit one or two may be appointed 
 from Ontario, Quebec, and the Maritime Pro- 
 vinces. 
 
 The number of Senators must never exceed 
 78, or after the admission of Newfoundland, of 
 
Manual of Government in Canada. 45 
 
 82. There are at present 75 members in the 
 Senate, Ontario sending 24, Quebec 22, New 
 Brunswick and Nova Scotia 10 each, Manitoba 2, 
 British Columbia 3, and Prince Edward Island 4. 
 
 The qualifications of a Senator are as follows : 
 
 (1) He shall be of the full Age of Thirty Years : 
 
 (2) He shall be either a Natural born Subject of the 
 Queen, or a Subject of the Queen naturalized by an 
 Act of the Parliament of Great Britain, or of the Par- 
 liament of the United Kingdom of Great Britain and 
 Ireland, or of the Legislature of One of the Provinces 
 of Upper Canada, Lower Canada, Canada, Nova Scotia, 
 or New Brunswick, before the Union, or of the Parlia- 
 ment of Canada after the Union : 
 
 (3) He shall be legally or equitably seized as of Free- 
 hold for his own Usg and Benefit of Lands or Tene- 
 ments held in free and common Socage, or seized or 
 possessed for his own U&e and Benefit of Lands or Tene- 
 ments held in Franc-alleu or in Koture, within the Pro- 
 vince lor which he is appointed, of the value of Four 
 thousand Dollars, over and above all Rents, Dues, Debts, 
 Charges, Mortgages, and Incumbrances due or payable 
 out of or charged on or affecting the same : 
 
 (4) His Real and Personal Property shall be together 
 worth Four thousand Dollars over and above his Debts 
 and Liabilities : 
 
 (5) He §hall be resident in the Province for which he 
 is appointed : 
 
 (6) In the case of Quebec he shall have his Real 
 Property Qualification in the Electoral Division for 
 which he is appointed, or shall be resident in that 
 Division. 
 
 The first Senators were summoned by the 
 Queen by warrant under Her ]S[aje8ty'8 sign 
 manual, and their names were inserted in the 
 
46 
 
 Manual of Government in Canada. 
 
 U t 
 
 i! 
 
 'K' 
 
 i 
 
 Proclamation of the Union in 1867- Thereafter, 
 such persons as were called, and such persons 
 as will be called, to the Senate, were and will be, 
 by the Governor-General, in the Queen's name, 
 by instrument under the Great Seal of Canada. 
 
 A Senator, subject to the following provisions, 
 holds his seat for life. 
 
 He may, by writing under his hand, resign 
 his place in the Senate. 
 
 His seat becomes vacant — 
 
 (1) If for Two consecutive Sessions of the Parliament 
 he fails to give his Attendance in the Senate : 
 
 (2) If he takes an Oath or makes a Declaration or 
 Acknowledgment of Allegiance, Obedience or Adher. 
 ence to a Foreign Power, or does an Act whereby he 
 becomes a Subject or Citizen, or entitled to the Rights 
 or Privileges of a Subject or Citizen of a Foreign Power : 
 
 (3) If he is adjudged Bankrupt or Insolvent, or applies 
 for the benefit of any Law relating to Insolvent Debtors, 
 or becomes a public Defaulter : 
 
 (4) If he is attainted of Treason, or convicted of 
 Felony or of any infamous Crime : 
 
 Co) If he ceases to be qualified in respect of Projjerty 
 or of Residence ; provided that a Senator shall not be 
 deemed to have ceased to be qualified in respect of 
 Residence by reason only of his residing at the Seat of 
 the Government of Canada while holding an Office under 
 that Government requiring his Presence there. 
 
 Any vacancy in the Senate resulting from 
 resignation, death, or otherwise, is filled by the 
 Governor-General's appointment of a fit and 
 qualified person to fill the vacancy. 
 
 r 
 
Manual of Government in Canada. 47 
 
 Any question arising as to the qualiiication 
 of a Senator, or to a vacancy in the Senate, 
 shall be heard and determined by the Senate. 
 
 No Senator is capable of being elected, or of 
 sitting or voting as a member of the House of 
 Commons. 
 
 Every Senator before taking his seat in the 
 Senate must take and subscribe l)efore the 
 Governor-General, or some person authorized 
 by him, a prescribed oath and declaration. 
 
 A Senator is entitled to be styled Honorable 
 so long as he is a member of the Senate, and no 
 longer, and he ranks fourth in the precedence 
 assigned to persons in Canada.* 
 
 A member of the Senate may be a member of 
 the Ministry or Administration ; and if his duties 
 require him to live at the Seat of Government, 
 it is not necessary that he should reside in his 
 own Province if appointed out of Ontario. No 
 Ontario Senator can be a member of the Local 
 Legislature of that Province. 
 
 The Senate is summoned to Ottawa, the Seat 
 of Government, at the same time the Commons 
 is convened. The Speaker of the Senate is 
 appointed by the Governor-General, and must be 
 a Senator, though the analogous course in the 
 House of Lords in England, as was observed, is 
 not follow^ed in this particular. Then the Lord 
 Chancellor is ex officio Speaker in the Lords, and 
 is keeper of the Great Seal, but is not necessarily 
 a Peer of the Realm. 
 
 * See table of preccdenee hereafter. 
 
I 
 
 
 ii 
 
 :; ; 
 
 fkL 
 
 48 Manual of Government in Canada. 
 
 Fifteen members, including the Speaker, form 
 at present a quorum for the transacting of busi- 
 ness. The Speaker in all cases has a vote. 
 Questions are decided by a majority of votes ; 
 and when these are equal, the motion or Bill is 
 lost, or deemed to be in the negative. 
 
 The privileges, immunities and powers of the 
 Senate and its members are left to be defined by 
 the Parliament of Canada, but they must never 
 exceed those held by the English House of 
 Commons and its members at the time the 
 Parliament of Canada so defines them. 
 
 The rules of the House and the procedure will 
 be shortly adverted to hereafter. 
 
 All Bills may issue in this, or in the House of 
 Commons indifferently,* except as to money Bills, 
 which must originate in the Commons. Bills of 
 a judicial nature, such as Divorce Bills, &c., and 
 Bills referring to the rights and privileges of the 
 Senaie, would, following the analogy of the 
 practice in the Upper House in England, have 
 their commencement properly in the Senate. 
 
 The Senate does not appear to possess any 
 other functions than those of a branch of tL 
 legislature, or law-making machinery of tL 
 State. In England the Lords possess judicial 
 functions, as well as legislative ones, and their 
 House is the Highest Court for deciding cases 
 referred to it from the English Courts. 
 
 The Senate was to be composed of men of 
 
 * The Senate alone, apparently, takes the initiative in Divorce Bills. 
 
 
 mm 
 
Mtinual of (iovernment in Canada. 49 
 
 wealtli and stake in the country who were 
 superior to party and heedless of local or inter- 
 ested claims. It was thought that to he answer- 
 ahle to constituents was frequently to he ohliged 
 to pander to their whims — to legislate for their 
 special interests. This was hoped would he 
 ohviated hy appointments hy the Crown of 
 persons whose own interests would suffer when 
 their country's suffered ; and that the good of the 
 country would even for seltish notions, if for no 
 other, he promoted hy them as heing largely 
 mixed up with their own individual prosperity. 
 A second House was needed to prevent hasty or 
 inconsiderate legislation — a house wherein the 
 largely increasing legislation for the Provinces 
 could he participated in and matured. It was 
 felt also that some equipoise was needed to 
 maintain the balance of the Constitution. 
 
 Any difference between the Commons and 
 Senate here is not so easily adjusted, or rather 
 will not be whenever such a contingency arises. 
 Six members added to the Senate may not be 
 sufticient to make it accord with the majority in 
 the Commons. In 1874 six members were 
 recommended to be appointed, but Earl Kimberly 
 suggested that the Crown would take no action 
 unless a difference had arisen, and that the crea- 
 tion of new members would supply a remedy in 
 the event of an actual collision. Our Senate is 
 in this respect differently situated from the 
 Upper House in England. 
 
i'l 
 
 iJ 
 
 ?^ I: 
 
 60 Manual of Government in Canada. 
 
 Such frequent reference has been made to the 
 House of Lords that a few words may be said 
 here of this body, in order to contrast it with 
 the Senate of our own country. 
 
 In England the House of Lords is the aristo- 
 cratic element of Parliament, and consists of 
 Lords temporal — that is, lay noblemen or peers, 
 and Lords spiritual — that is, archbishops and 
 bishops. The temporal lords are called Peers 
 of the Ptcahn ; and when of full age, and not 
 imbecile, are entitled to sit in the House in virtue 
 of their titles and ancient rights. 
 
 The Lords are in number rather more than 
 two-thirds of the Commoners. A part of them 
 have judicial as well as legislative functions. A 
 special portion of them — all distinguished law- 
 yers, or judges, forui the Appellate Court of the 
 House of Lords. Many of them are members 
 of the Judicial Committee of the Privy Council, 
 which is the highest Appellate Court in the 
 Empire for the Colonies. 
 
 There are live orders of Peers — Dukes, Mar- 
 quises, Earls, Viscounts and Barons. This is 
 their rank in the order of precedence, but they all 
 sit in the House as Barons, that is, as possessing 
 a barony or landed estate. The Bishops now 
 sit in the House in virtue of their estates, and 
 not in respect of their clerical dignities. They 
 rank before Barons and after Viscounts, and are 
 lords of Parliament, though not Peers of the 
 Realm. The spiritual lords number thirty — the 
 
 
 . jl»MW 8 W >W ' " . 'W»"i'« 'W ' 
 
--.A^ 
 
 /' §.//^^^. 
 
 Manual of Government in Canada. 51 
 
 lay lords or peers vary between four and five 
 hundred. This number is maintained by the 
 eldest sons of peers succeeding to their fathers' 
 titles, and also by the Crown creating peers by 
 patent of nobility. The Crown is not limited to 
 the creation of any certain number of peers when 
 a collision happens between the Lords and Com- 
 mons, but the popular element — the Commons — 
 suggests the appointment of as many as are 
 necessary. 
 
 The House of Lords in England may be said 
 to be practically under the control of the 
 Commons. It has the power to delay Bills, and 
 a power to amend them in most cases, but it has 
 no other powers. It can be swamped with 
 new Peers, to make it accord with the ruling 
 party in the Commons, and so cannot stand out 
 against them. When the Commons has made 
 up its mind on any measure, the Lords are 
 powerless to resist. As Bagehot says, their 
 veto is : — " We reject your Bill for this once, or 
 these twice, or even these thrice, but if you 
 keep on sending it up, at last we won't reject it." 
 
 The Senate of Canada has larger powers than 
 these. It cannot merely delay Legislation, as it 
 very wisely did in the Insolvency Bill of 1878, 
 but Legislation cannot be got without it. It 
 caimot vote the supplies, but it can vote against 
 the fiupplies, and put a stop to all Government, 
 as the analogous bod}^ the Legislative Council, 
 foolishly did in Quebec this year. It cannot be 
 
 i 
 
52 Mannal of Government in Canada. 
 
 swamped out with new Senators, as the number 
 at present cannot exceed 78, and never more 
 than 82, after Newfoundland is a Province of 
 Canada. It is not controlled by the Commons, 
 but must be harmonized with them by adminis- 
 tration in accord with their views. But with 
 the stake they have in the country, they would 
 not oppose good Government, and the country 
 will stand by them in opposing a Ministry with a 
 ruinous policy. 
 
 m 
 
 ' 1 ■ 
 
 ■M«"™«»w»f'!»»«iw«i>iijei*.«!i»»w 
 
CHAPTER VI. 
 
 THE PAKLIAMEXT OF CANADA.— THE COMMONS. 
 
 The House of Commons is the third element 
 in the Padiament of Canada, and was originally 
 composed of 181 members representing the fom* 
 Provinces as follows : 
 
 Ontario, represented by 82 Members. 
 
 Quebec, '' 65 '' 
 
 Nova Scotia, " 19 " 
 
 !New Brunswick, " 15 " 
 
 Of the Provinces annexed to Canada since 
 Confederation the following is the representation : 
 
 Prince Edward Island, represented by Members. 
 Manitoba, <^ 4 " 
 
 British Columbia, " 6 " 
 
 Provision was made at the passing of the Con- 
 federation Act for an increase of the number of 
 members in the House, but the proportionate 
 representation of the four Provinces comprising 
 Canada in 1867 must not be disturbed by any 
 such increase. The Parliament of Canada has 
 power as to this increased representation. It 
 was further provided that in 1871, when a census 
 of the people was to be taken, an adjustment of 
 the representation of the four Provinces should 
 take place in Parliament. This gave rise to the 
 
I 
 
 ■II. 
 
 u 
 
 % 
 
 Mp\ 
 
 i 
 
 m 
 
 Ml! 
 
 N 
 
 54 Manual of Government in Canada. 
 
 present representation in tlie Commons, which is 
 
 as follows : 
 
 Ontario l?f> Members. ^^ 
 
 Quebec ; ('>') " 6^" 
 
 New Brunswick 1*» •' ^J 
 
 Nova Scotia :il " J_C^ 
 
 Manitoba 1 " /■/; 
 
 Prince Edward Island (i '' ' 
 
 British Columbia o " .^ 
 
 In all •J04 " ~^l)b 
 
 The different Provinces are divided up into 
 electoral districts, each of which returns a 
 member to the Commons on having received a 
 majority of polled votes in the riding. The 
 voting takes place by ballot, and all persons 
 (except Judges in the Court of Chancery for 
 Ontario, and all other Judges appointed by the 
 Covernor General) qualified to vote at the elec- 
 tion of representatives in the Legislative Assem- 
 bly of :he Provinces, and no others, are entitled 
 to vote at election of members for the Commons. 
 All lists of voters to be used at the elections in 
 the Local Houses are to be used for this one also. 
 The writs for the election of members issue out 
 of the office of the Clerk of the Crown in Chan- 
 cery, and are addressed to the Sheriff or Registrar 
 as Returning Officer in the Electoral District. A 
 day for the nomination of candidates and the day 
 and place for holding the polls are then appointed. 
 Each candidate must deposit $50 with the Return- 
 ing Officer to apply towards the payment of elec- 
 tion expenses. The candidates need have no real i 
 property qualification, but must be either natural 
 
 ...'v..* i 
 
 "^'' I III lUftt'umarii-ai^v 
 
 ^ JiSMIP^'W'lllpJM?'' ■ 
 
Manual of Government in Canada. 
 
 55 
 
 born or naturalized subjects of the Queen. No 
 paid officers of the Crown, except members of the 
 Privy Council holdinj:;' office, and officers in 
 the Army, Navy, and Militia, and Militiamen 
 (except staff officers of the Militia) are eligible 
 to sit or vote in the Commons.* No contractor 
 with the Government, or any of its public officers, 
 or any of its Departments, is eligible; and 
 no person holding any office, commission, or 
 employment at the nomination of the Crown 
 to which any fee, salary, allowance or profit 
 is attached can be a member of the Commons. 
 No Senator or member of the Local Legislature 
 of Ontario is eligible to sit in the Commons. 
 
 Very stringent provisions are enacted in regard 
 to Bribery and Corrupt practices at Elections ; 
 and any candidate not returned, or any voter 
 may tile a petition complaining of an undue 
 return or undue election of a member, or of no 
 return, or of a double return or unlawful act on 
 the part of the person returned as member ; and 
 on notice of the presentation of the Petition being 
 given to the respondent the parties can go to 
 trial on the question, as provided by the Con- 
 troverted Elections Act. Tiiese cases are tried 
 by various Courts in the different Provinces, and 
 an appeal lies therefrom to the Supreme Court 
 at Ottawa. 
 
 All the elections, except in a few places, are 
 now made returnable on one day, fixed by the 
 Governor-General, and the various returning 
 
 * See Act of 1878. 
 
56 Manual of Government in Canada. 
 
 i »i 'I 
 
 I 
 
 J 
 
 officers send in their returns to the Clerk of the 
 Crown in Chancery at Ottawa. Thither the 
 members are summoned by Proclamation in the 
 Canada Gazette, at the same time as the Senate 
 is assembled. Each member sits for five years, 
 which is the duration of each Parliament, unless 
 sooner dissolved by the Governor- General. 
 Twenty members, reckoning the Speaker, form a 
 quorum for the transacting of business. The 
 members themselves elect their Speaker at the 
 first sitting, and he continues in office during 
 that Parliament, unless a vacancy occurs. 
 When a vacancy occurs in the office of Speaker 
 by death, resignation, or otherwise, it is filled by 
 the House, in the same way as a Speaker is 
 originally appointed. In case of his absence for 
 48 hours, the House may temporarily appoint a 
 Speaker, who has all the powers, privileges, and 
 duties of the Speaker. The Speaker presides 
 over all meetings of the House, but has no vote, 
 except when the votes are equal. The House of 
 Commons is summoned b}' Instrument, under 
 the Great Seal of Canada, in the Queen's name, 
 bv the Governor-General, at the same time with 
 the Senate. Each member of the Commons 
 must take the oath of allegiance, as a Senator 
 does, before taking his seat in the House. 
 When a vacancy occurs in the Commons it is 
 filled by the issue of a new writ from the Office 
 of the Clerk of the Crown in Chancery for the 
 election of a member for the unrepresented 
 constituency. 
 
 
CHAPTER vn. 
 
 THE PARLIAMENT OF CANADA— (CoxcLLDEn).— ITS POWEItS. 
 
 SuBJEiCT to Imperial Authority, the powers of 
 the Parliament of Canada are the general 
 powers of a Sovereign State, excepting those 
 which have been specially conferred on the 
 Provinces.* The effect of Imperial Authority is 
 that the Doni.inion Parliament has no power to 
 pass any Act, repugnant to the provisions of 
 any Act of Parliament, order, or regulation 
 thereunder, having the force of law in England.! 
 Such an Act, if passed, would be void and 
 inoperative, but only, however, to the extent of 
 its repugnancy. But a Colonial Act is not vo'd, 
 because it is inconsistent with the Royal 
 Instructions to the Governor-General. 
 
 The Sovereignty of a State is defined as 
 extending to evervthing which exists, bv its own 
 
 cry »j • -? ^ •/ 
 
 authority, or is introduced by its permission. 
 The powers of the Parliament of Canada were 
 introduced by the permission of the people of 
 Canada, and exist by their own authority, 
 ratified by the Mother country. It is different 
 with the Provinces. The powers of their Legis- 
 latures are not conferred on them by their own 
 Provinces, but by the people of Canada, with 
 
 * Mr. Justice (now Chief Justice) Wilson, in yueeii vs. TayJor, 3(j U. 
 C. R. 
 
 t Imperial Act, 28 and 29 Vi' cap. <i3. 
 
rr 
 
 58 
 
 Mdiiiuil of Govfvumcnt in Canada. 
 
 kJ ^i 
 
 H 
 
 I ' 
 
 if 
 
 the consent of the Sovereign power of Great 
 Britain ; and these Provinces cannot confer a 
 Sovereignly which will extend over them, and 
 tliey cannot be regarded as Sovereign States/' 
 
 A portion of the legislative power being 
 reserved to the Provinces, it might have been 
 thought that reserving all other powers to the 
 Central Parliament would have been sufficient. 
 However, the Act for greater certainty declares 
 (91st Sec.) that it shall have exclusive power to 
 legislate for the peace, order and good govern- 
 ment of Canada in the following matters : 
 
 1. The Public Debt and I'roperty. 
 
 2. Tlie Regulation of Tra<le and Commerce. 
 
 '■J. The Raising of Money by any ilode oi* System of 
 Taxation. 
 
 4. The Borrowing of ^loney on the Public Credit. 
 
 5. Postal Service. 
 
 6. The Census and Statistics. 
 
 7. Militia, Military and Naval Service, and Defence. 
 
 8. The fixing of and providing for the Salaries and 
 Allowances of Civil and other Officers of the Gov- 
 ernment of Canada. 
 
 9. Beacons, Buoys. Lighthouses, and Sable Island. 
 
 10. Navigation and Shii)ping. 
 
 1 1 . Quarantine, and the EstaVjlishment and M^.intenance 
 of Marine Hospitals. 
 
 12. Sea, Coast and Inland Fisheries. 
 
 13. Ferries between a Province and any British or For- 
 eign Country, or between Two Provinces. 
 
 14. Currency and <'oinage, 
 
 15. Banking, Incorporation of Banks, and the Issue of 
 Paper Money. 
 
 * Chief Justico Hagarty, in Leprohou r.s. Ottawa, 2 App. Out. 
 
 -',4tiV!vmaf.mx-- xXBWWW^-xtW"- 
 
ManiutI of Gorenimrnt in CmifuJa. 
 
 59 
 
 16. Savings Banks. 
 
 17. Weiglits and Measures. 
 
 18. Bills of Exchange and Promi^^sory Notes. 
 
 19. Interest. 
 
 20. Legal Tender. 
 
 21. Bankruptcv and Insolvency. 
 
 22. Patents of Invention and Discoveiy. 
 
 23. Copyrights. 
 
 24. Indians and Lands reserved for the Indians. 
 
 25. Naturalization and Aliens.. 
 
 26. Marriage and Divorce. 
 
 27. The Criminal Law, except the Constitution of Courts 
 of Criminal .Jurisdiction, Imt including the Vvo 
 cedure in ( 'riminal ^Matters. 
 
 28. The Establishment, Maintenance and Management 
 of Penitentiaries. 
 
 29. Such Classes of Subjects as are expressly excepted 
 in the Enumeration of the Classes of Subjects by 
 this Act assigned exclusively to the Legislatures of 
 the Provinces. 
 
 And any Matter coming within any of the Classes of 
 Subjects enumerated in this Section shall not be deemed 
 to come within the class of Mattei-s of a local or private 
 Nature comprised in the Enumeration of the Classes of 
 Subjects by this Act assigned exclusively to the Legis- 
 latures of the Provinces. 
 
 The construction put upon tlie wording of the 
 Statute by the late distinguished Chief Justice 
 Draper was that the Parliament of Canada has 
 the right to legislate on the subjects mentioned 
 in the 91st section of the Act to the exclusion of 
 the Imperial Parliament. The exclusive authority 
 mentioned in that section as belonging to Canada 
 does not, he says, refer to the subordinate 
 Provincial authorities, whose powers were not 
 
C I 
 
 Hi- 
 
 h- 
 
 If, 
 m 
 
 60 
 
 Manual of Governincnt in Caimda. 
 
 then conferred in them, but refers to the matters 
 of which the Imperial Parhament has renounced 
 its riglit to legishite tliereon. In support of this 
 he refers to the two Constitutions given to Canada 
 in the reign of Geo. III., which empower the 
 Colonial Legislature to make laws for the "peace, 
 welfare, and good government" of Canada. The 
 present Ccmstitutioii sets out specifically the 
 subjects on which the Parliament of Canada 
 can deal with, and which may be supposed to 
 comprise all subjects within the " peace, order, 
 and good government" of Canada ; and in regard 
 to these the Englisli Legislature has no concern, 
 and have deprived themselves of the right of 
 interfering therewith.''' It would appear there- 
 fore til at neither tlie Imperial Authorities nor 
 the Provincial Legislatures have any power to 
 legislate on any of these subjects. 
 
 The Parliament of Canada has moreover 
 power to make laws for the peace, order and 
 good government of Canada in relation to all 
 matters not exclusively assigned to the Pro- 
 vincial Legislatures. In other words, the 
 Parliament of Canada has power to Legislate on 
 ail such subjects, unless it is expressly stated 
 that it has not such power. 
 
 On the following subjects the Parliament of 
 Canada has no power to legislate in reference 
 thereto, but the different Provinces have exclu- 
 sively this right : 
 
 • Kc^iia vs. Taylor, :J6 U. C. K. See also Crombie vs. Jackson, per 
 Wilson, J. (now V. J.) 
 
 I 
 
 ^'^T^tL..»iilH ■ ■■— ■ 
 
 ^xrtw.'MMMMMuiu 
 
 • iKWMlBHW. ..?«?*-•-- ■»"- 
 
Manual of Government in Canada. 
 
 61 
 
 In each Province tlie Legislature may exclusively 
 make Laws in relation to Matters coming within the 
 Classes of SuV)jects next hereinafter enumerated, that 
 is to say — 
 
 1. The Amendment from Time to Time, notwithstand- 
 ing anytliing in this Act, of the Constitution of the 
 Province. excoj)t as regards the Office of Lieutenant- 
 Governor. 
 
 2. Direct Taxation within the Province in order to the 
 raising of a Revenue for Provincial I'lu-poses. 
 
 3. The borrowing of Money on the sole (/redit of the 
 Proving. 
 
 4. The Establishment and Tenure of Provincial ( »ffices 
 anil the Appointment %nd Payment of Provincial 
 Officers. 
 
 5. The Management and Sale of the I'ublic Limds 
 belonging to the Province, and of the Timber and 
 Wood thereon. 
 
 G. The Establishnn'nt, Maintenance and Management 
 of Public and Reformatory Prisons in and for the 
 Province. 
 
 7. The Establishment, Maintenance and Management 
 of Hospitals, Asylums, Charities, and Eleemosynary 
 Institutions in and for the Province, other than 
 Marine Hospitals. 
 
 8. Municipal Institutions in the Province. 
 
 9. Shop, Saloon, Tavern, Auctioneer, and other Li- 
 censes, in order to the raising of a Revenue for Pro- 
 vincial, Local, or Municipal Purposes. 
 
 10. Local Works and Undertakings, other than : — 
 
 a. Lines of Steam or other Ships, Railways, Canals, 
 Telegraphs, and other Works and Undertakings 
 connecting the Province with any other or others of 
 the Provinces, or extending beyond the Limits of 
 the Provinces : 
 
 b. Lines of Steamships between the Province and any 
 British or Foreign Country : 
 
62 
 
 Manual of (iovertimcnt in Canada. 
 
 \ ; 
 
 c. Such \^rk.s as, though wlioUy situate witliin tlio 
 I'rovhicos, arc before or after their Execution 
 (lochirofl by the I'arHainent of (Janada to be for the 
 geniiral A(lvanta;^e of (.'aiuuhi, or for the Advantage 
 of 'I'wo or more of the Provinces. 
 
 11. The Incor])oration of Companies with Provincial 
 Objects. 
 
 12. The Solemnization of jrarriage in the Province. 
 
 13. Pro{)erty and Civil Rights in the Province. 
 
 14. The Administration of Justice in the Province, 
 including the Constitution, Maintenance and (Organ- 
 ization of Provincial <'ourts, both of Civil and of 
 Criminal Jurisdiction, an<l inckuling Procedure in 
 Civil Matters in those Courts. 
 
 15. The Imposition of Punishment by Fine, Penalty, or 
 Imprisonment, for enforcing any Law of the Pro- 
 vince made in relation to any ]\Iatter coming within 
 any of the Classes of Subjects enumerated in this 
 Section. 
 
 16. Generally all Matters of a merely local or i)rivate 
 Nature in the Province. 
 
 Within their respective limits each Legislature 
 is apparently supreme and free from any control 
 from any quarter. The Dominion Parliament 
 has no more authority to interfere with or regu- 
 late matters specially assigned to the Provinces 
 than tlie i'rovincial Legislatures to regulate 
 matters within the jurisdiction of the I'*oniinion 
 Parliament." 
 
 The powers of the Dominion Legislature and 
 of the I'rovincial Legislatures are distributed in 
 classes assigned to each. The Provincial Legis- 
 lature having only the powers specifically con- 
 
 * Parsons vs. Citizpirs Insurance Co., 4 Appeal, Ontario, im, per Burton, 
 J. A. See also C. ,J. Harrison in Leproliou vs. Ottawa, 40 U. C. R. 
 
 -V 
 

 Manual of (iovcnimeiU In Canada. 
 
 68 
 
 ferred — tho Dominion Lof^islatine liiivin<j;, bcsidoH 
 these specificully conferred, iill powers not speci- 
 liciiUy conferred upon the Local fjetjishitures, 
 it wouhl seem to follow tluit acts of the Provincial 
 Lef^islature which contiict with the powers con- 
 ferred Bpecilically or generally upon the general 
 government are ultra vires ,- so on the other hand 
 acts of the Dominion Parliament or Oovernnient 
 conflicting with powers conferred exclusively 
 upon the Provincial Legislature would he ultra 
 r'lres, would he acts of usurpation. This must 
 result from each l)eing creatures of the one 
 power — each deriving its authority from the 
 same source.* 
 
 The (xovernments of the Provinces are ones of 
 enumerated powers: the Federal Ciovernment 
 one of all generjil powers. A Federal law is 
 presumahly valid unless on the list assigned to 
 the Provinces ; a Provincial law is presumahly 
 void unless in the enumerated list. The Provinces 
 can claim nothing irrthe way of legislative powers 
 except what is expressly given to them ; the 
 Dominion can claim everything except what is 
 expressly taken away from it. Within the scope 
 of the functions assigned to each the powers of 
 the central and local governments over the sub- 
 jects respectively committed to their care are 
 complete, absolute and suiDreme.f 
 
 Besides this power of exclusive legislation, it 
 
 * Chancellor SpragKO in Lopruhoii vs. Ottawa, 2 Ontario Appeal. 
 
 t See Tonieroy on the ConHtitutioual Limitation of the States of the 
 Union, in his Constitutional Law. 
 

 %. 
 
 £ii 
 
 I! ■ 
 
 m 
 
 r 
 
 04 Manual of (iovernment in Canada. 
 
 has power to create new Provinces out of her 
 Territories, and bestow Constitutions and repre- 
 sentative Governments therein, and it may also 
 legislate for any Territory not included in a 
 Province. 
 
 It has largely to deal with the Judicature of the 
 countr}^ in the apiiointment of almost all the 
 Judges, and it has ^n'ovisions for establishing a 
 Court of Appeal for all the Provinces, and any 
 additional Courts for the better Administration of 
 the laws of Canada. It can also establish, abolish 
 and reconstruct Courts of Judicature, and may 
 alter the Constitution thereof.* It fixes the sala- 
 ries of the Lieutenant-Governors, and provides for 
 tlieir payment, and fixes and provides salaries for 
 nearly all the Judges in Canada. It has control 
 over the Consolidated Revenue Fund, as to its 
 appropriation for the Public Service, and it has 
 all necessary and proper powers with the 
 Government, for performing the obligations of 
 Canada or of any of its Provmces, as pan of 
 the British Empire, towards foreign countries, 
 arising under treaties, between the Empire and 
 such foreign countries, and it has control of the 
 Army, Navy, and Defence of the country. It has 
 concurrent Jurisdictions with the Provinces, in 
 matters relating to Immigration and Agriculture, 
 and in case of conflict in this regard, its Statutes 
 are paramount to the Provincial ones. It has 
 the exclusive control over the Supplies necessary 
 
 ♦ Imperial Act, 28 and 29 Vic, cap. 63. 
 
 11 
 
Manual of Government in Canada. 65 
 
 to carry on any sort of Government ; and it has 
 in its hands the power of deciding to whom the 
 Administration of Government will he entrusted. 
 In otlier words, it has the power of change of 
 Ministry, for no Ministry can carry on a Govern- 
 ment, for any length of time, unless supported 
 hy a majority in Parliament. The duties and 
 powers of an Administration will he referred to 
 hereafter, under the head of Administrative 
 Government. It is noted for the present, as 
 one of the consequential powers of Parliament. 
 Parliament, by enacting private Bills, such as 
 incorporating companies, or conferring privileges, 
 or in removing restraints, .^-c, deals largely in 
 Legislation of a Judicial character, which forms 
 the greater bulk of its work, and is of great 
 importance to the country. 
 
 In the removal of Judges the Parliament can 
 take action on addresses presented to it for that 
 purpose. Although the appointment of the 
 Judges rests with the Governor in Council the 
 Parliament has a remedy for the removal of 
 incompetent ones. 
 
 The privileges, immunities and powers of the 
 two Houses of Parliament must not exceed those 
 enjoyed by the House of Commons in England. 
 If the provision in the Act of 18(37 transfers all 
 the law and customs of the Commons in England, 
 the two Houses of the Dominion Parliament are 
 on a far different footing from what Colonial 
 Assemblies in general are. 1 ■ 3y still are not in 
 
1 
 
 1:1 
 
 rl ' 
 
 w >*-i 
 
 60 Manual of Govermuoit hi Canada. 
 
 the corresponding positions of the two Houses in 
 England. 
 
 A very distinguished Colonial lawyer, Chief 
 Justice Morris, remarks of the early Assemblies 
 in North America : 
 
 *' When any question arises here concerning a Gov- 
 ernor in Assembly, many are ready to ask Avhat the King 
 or l*arlianient of England does on a like occasion, vainly 
 tliinking that whatever is done by a King or J'arliament 
 is fit to be drawn into example for the place. However 
 extensive that notion may be in America, it is rather to 
 be laughed at than argued with, not but tliat the wisdom 
 and regidarity ol" a British I'arliament are very lit 
 patterns so far as they are imitable by us." 
 
 The English Parliament Inis a law and 
 custom of its own which are not uart of the 
 Common Law of England, but are separate and 
 distinct from it. Parliament there stands on its 
 own law. Colonial Assemblies are not on the 
 same footing, they derive their energies from the 
 Crown, and are regulated by charter and usages 
 and bv the Common Lnw of England. Indeed 
 it is laid down broadly that the principle upon 
 which the English Parliament rests its rights, 
 powers and privileges cannot be extended to a 
 Provincial Assembly. '• 
 
 * Clialnicr's Opinions. 
 
 w 
 
CHAPTEli A^lir. 
 
 a 
 
 PROCEDUEE IN PARLIAMENT— BILLS. 
 
 The Governor Genera], under advice, exercises 
 the power of summoning Parliament, proroguing 
 itwlit'T' necessary or desirable, and dissolving it, 
 so far as the Commons is concerned, within the 
 period of live years fi'om its commencement. 
 Tlio Senate and Commons are summoned by 
 Prrclamation to attend at Ottawa on a certain 
 day, usuallj' in February, " for the despatch of 
 business ; to treat, do, act and conclude uj)on those 
 things which in our said Parliament of Canada, 
 by the Common Council of our said Dominion, 
 may by the favour of God be ordained." 
 
 The Parliament is opened by the Governor in 
 person in the Senate Chamber. The Senators 
 l)eing assembled the Speaker cominands the Gen- 
 tleman Usher of the Black Piod to proceed to the 
 Commons and acquaint that House that " it is 
 His Excellency's pleasure that they attend him 
 immediately in this House." The Commons 
 then proceed in a body to the bar of the Senate, 
 and, if at the beginning of a new Parliament, are 
 instructed to choose a Speaker for their House. 
 They then return to their own House, and having 
 chosen a Speaker, are again summoned to the 
 Senate, usually on the following day, and tlie 
 Speaker is then presented to the Governor-Gen- 
 
w 
 
 68 
 
 Manual of Gorernmoit In Canada. 
 
 i 
 
 >f! 
 
 m 
 
 eral. The Speaker is the official means of 
 communication l)etween his House and the 
 Governor-General, and between the House and 
 Judges who make returns as to the Election 
 Petitions. 
 
 In the Senate the Speaker takes part with 
 the other Senators in debate. They do not 
 address him, though he occui)ies the Chair in 
 the Senate, but they address the rest of the 
 Senators. Any intemperate or offensive language 
 is dealt with by the Senate, which may censure 
 the delinquent, and may also interfere to pre- 
 vent quarrels between Senators. Thej' do not 
 vote by " Ayes " and " Noes," but those in favor 
 of the motion are the '* Contents," and those 
 opposing it the " Non-Contents." In all unpro- 
 vided cases the rules, usages and forms of the 
 House of Lords are to be followed. *' 
 
 The Speaker of the Commons is the First 
 Commoner in the Dominion, and has most 
 important duties to perform. He decides on all 
 questions of Order and of Parliamentary Prac- 
 tice, and sees that the Orders of the House are 
 carried out, and is judge of what is improper or 
 unparliamentary. He takes no part in the 
 debates, but has the casting vote in the case of 
 an equality of votes. He preserves order and 
 decorum in the House, and the members address 
 him instead of the other members. He decides 
 questions of order, subject to appeal to the 
 House, and he apprises the House of what is 
 unparliamentary.; He has charge of theoflicers 
 
 M 
 
Manunl of Government in Canada. 
 
 09 
 
 and clerks in attendance on the House, fills 
 vacancies therein, and fixes salaries of new 
 employees. Both Speakers have to do with the 
 Library of Parliament, and during the Session 
 no persons except the Governor-General and the 
 meml)ers and ofticers of both Houses can resort 
 thither unless under authority from one of the 
 Speakers. In all unprovided cases the rules, 
 usages and forms of the English House of 
 Commons are to be followed in the Commons in 
 Canada. 
 
 English and French may be used in the 
 debates in both Houses, and the jourmils of the 
 debates are entered in both languages. 
 
 The House ordinarilv meets every dav at three 
 o'clock, except on Saturdays; and if sufficient 
 membeis are present to form a quorum, proceeds 
 to the despatch of business. This number, as 
 has been remarked, is fifteen in the Senate 
 and twenty m the Commons, of which number 
 the Speaker in each may be reckoned as one. 
 Certain routine business, such as presenting 
 and receiving petitions, and presenting reports 
 of the dift'erent committees in the House, and 
 motions, are taken up every da}' as they occur, 
 and afterwards the Orders of the Day, which 
 are different every day, are read, and proceeded 
 with. A day or more in the week is usually 
 reserved to the Government, in view of the large 
 amount of business in its hands. 
 
 At the beginning of each Parliament, and 
 each of its subsequent sessions, the Governor- 
 
70 
 
 Manual of Government in Canada. 
 
 I* i: 
 
 i 
 
 
 m 
 
 Hi 
 
 General opens the session with a gracious speech 
 to hotli Houses, which is reported to them bj' 
 the Speaker of the Senate. This is supposed 
 to contain the leading points of proposed legis- 
 lation on the part of the (Tovernnient. Before 
 it is rei)orted some Bill is read pro forma. 
 Afterwards the speech is discussed in tlie House, 
 and, if carried, a reply presented to the Governor- 
 General. The legislation of the session is then 
 taken up. 
 
 Every member is privileged to bring in a 
 motion or 1)111;. but in the Commons he must 
 give notice of his intention to bring in a Bill. 
 When a Bill is brought in the House it is read 
 simply without discussion. On the second read- 
 ing the principles of the Bill are discussed. 
 If not interrupted at this or towards the next 
 stage, the Bill is committed ; that is, it is taken 
 into consideration in a committee of the House. 
 When the House goes into Committee the 
 Speaker leaves the Chair, and the Mace, which 
 represents Royal authority, is put under the 
 tabU'. The Hou'e may then appoint any mem- 
 ber as Chairman, and the strict rules of debate 
 observed in Parliament are relaxed. In Com- 
 mittee each clause of the ]3ill is considered and 
 voted upon. If the Committee liave not time to 
 get through th y ask leave to sit again. When 
 ready to report, or wlien tlie Committee must 
 rise, the Speaker resumes the Chair, and the 
 House proceeds to business. If ready, the Bill 
 is then read a third time. ITie only parts usu- 
 
 
 I 
 
 W 
 "i 
 
Manual of Goccrnmeitt hi Canada. 71 
 
 ally left for a fourth reading are the preamhle 
 and title, which are always the last things con- 
 sidered. The Bill, having gone through these 
 different stages in the House where it originates, 
 is sent to the other House, where it passes 
 through tlie same stages Jis to readings. 
 
 In case of amendments hv one House on a 
 Bill sent from tiie other, the Senate arranges 
 cnnfcrences to bring al)out an agreement. For 
 this purpose each House appoints its own bearers 
 of messages. One of the Clerks of either House 
 may be a bearer from one House to another, 
 and the Master in Chancery, attending the 
 Senate, is received as their messenger to the 
 Commons. Mess-.iges may also be brought up 
 by two or more members of the Commons to 
 the Senate. A Committee of either House does 
 not receive a message from the other. The 
 Speaker takes the chair ; and the message, after 
 being read at the Bar, is delivered to the 
 Speaker, who reports the same to his House. 
 The answer is sent and received with correspond- 
 ing formality. If no agreement as to amend- 
 ment is arrived at, the Bill is lost. 
 
 After having been passed by both Houses, it 
 only requires the assent of the C^-vernor Gene- 
 ral to make it an Act (jf Parliament. When a 
 Bill })assed by botii Houses is presented to 
 His Excellency, he has three courses constitu- 
 tionally open to him. He may assent to the 
 Bill, in the Queen's name; he may withhold the 
 (^uen's assent; or he may reserve the Bill for 
 
72 
 
 MniuKil of Gorfnniient in Cdiiddd. 
 
 ill 
 
 I 
 
 the signiticiitioii of the Queen's pleasure. The 
 Queen's assejit is seldom withheld : ])ut not 
 unfreq lently IJills are reserved for the signitica- 
 tion of Her pleasure. The Royal instructions to 
 the Governor-General sometimes set out speciii- 
 eally certain Bills, such as Divorce, Sec, which 
 must be reserved. 
 
 All Bills, except the Supply Bill, are supposed 
 to come from the Senate to the Crown. The 
 Supply Bill being esseniially a Bill of the House 
 of Commons, is assented to sj^ecially by the 
 Governor-General, tiiankinj^ them for affording 
 the funds necessary to carry on the Government 
 of the country. The Crown suggests the supplies ; 
 and probably if the case should arise in this 
 country the Crown would originate a Bill for a 
 general pardon in analogy to British precedent. 
 Beyond this, all measures originate indifferently 
 either in the Senate or Commons. Some Bills 
 are left to be originated in Select Committees, 
 some in Committee of the whole House. The 
 Public Bills affect the whole Dominion — Private 
 Bills affect individuals, companies, or corpora- 
 tions. These latter Bills, before being enter- 
 tained, reijuire a deposit of $100 in the Senate 
 and $200 in the Commons, and the costs of pri:it- 
 ing and translating the copies sent in. This is 
 in order to cover the expense of i rinting, ike., 
 and Private Bills must be advertised in the 
 Canada Gazette, the official journal of the Gov- 
 ernment, for two months before the House opens. 
 
CHAPTKK IX. 
 
 THE QUKKN S !>HIVY (•<)|\('II, FOR CANADA. 
 
 The Privy Council of Canada, as in Enjijland, 
 is assumed to be the past and present advisers 
 of the Crown. Privy Councillors are to aid and 
 advise in the Governnient of Canada, and are 
 chosen and summoned by the (xovernor-deneral 
 to advise and assist him in everv wav that "ood 
 Councillors should do. Persons who have been 
 ]Ministers of the Crown since Confederation, 
 w^iether in or out of office, are said to be mem- 
 l)ers of the Privy Council, though what is 
 generally understood by the term is the acting 
 Ministrv for the time being. This is known here 
 and in England as the Cabinet Council. The 
 remainder of the Privy Councillors who are not 
 supporters of the Ministry take no part in the 
 Government. As they are usually the former 
 Ministers of a defeated Government, they form 
 the leading spirits in the Opposition. They are 
 Privy Councillors without being summoned to 
 the Cabinet Council. 
 
 All the Privy Councillors are sworn in as such 
 on accepting office, and are chosen for life ; that 
 is, they are liable to be summoned at any time to 
 take part in forming a Government. In order 
 to be a member of the Government a Privy 
 Councillor, if not a Senator, must have a suau in 
 
tf 
 
 74 Manual of Goccruntcnt in Canada. 
 
 the Commons. An actinpj Minister must ho in 
 either House, but lie eannot be a mofpler of 
 both Houses at the same time. A member of 
 the Privy Council may be a member of the 
 Cabinet and yet have no portfolio in the (lovern- 
 ment ; that is, may not be the head of any of the 
 Departments of Stat< , and answerable to the 
 House of Commons or Senate for his share or 
 conduct of the public affairs of the Dominion. 
 The Government as a body is answerable for all 
 acts of its Ministers whether they have j^ortfolios 
 or not. 
 
 The Cabinet, or Ministry, is now composed of 
 tliirteen members ; twelve of these have charge 
 of the different departments into which the 
 work of governing tht? country is divided, and 
 one is President of the Council, with no very 
 detinc'd duties to ])erform. The duties of the 
 ^Ministers having charge of Departments are laid 
 down ])y Act of Parliament ; and they are obliged 
 to report annually to Parliament, as to the 
 matters under their control. This most im- 
 portant part of the management of Public 
 Affairs is called Administrative Government, 
 and will be detailed in the next few chapters. 
 
 Besides the individual duties of the ]\Iinisters, 
 the Privy Council, as a body, have very important 
 l)owers and duties. They advise the Governor- 
 General, it may be safely said, upon all his 
 Official Acts, and they, and not he, are respon- 
 sible for all Parliamentary Enactments, all 
 Proclamations, all Orders in Council, ka. 
 
MitiiiKil of (ioi'('V)uu('nt in Canada. 
 
 To 
 
 As advisers of the Crown, tliey must see not 
 only tliat the Parliiiinont of Canada keeps within 
 its duo Hniits, but that the Provincial Legis- 
 latures do not transgress their Constitutional 
 bounds in legislation or otlierwise. They advise 
 the Governor-General of the proper persons to 
 be Lieutenant-Governors of the Province, and 
 suggest his removal when the gravity of the 
 case may requii • it. They are, in short, re- 
 sponsible for the i. egislation passed in Parlia- 
 ment, or permitted, or omitted to l)e passed ; for 
 the due execution of the laws, w^iether done under 
 their own supervision in the Department of State 
 or otherwise ; and with them rests the appoint- 
 ment of Judges for the construction and interpre- 
 tation of the laws, when enacted. In tliis country 
 they are themselves relieved from any Judicial 
 functions, as there is no such thing as a Judicial 
 Committee of the Privy Council in Canada, as a 
 Court of Appeal. The occasion does not arise 
 for similar duties to the Judicial Committee of 
 the Privy Council in England, as the latter 
 entertains chiefly appeals from the Colonies, 
 which of course Canada could not have. The 
 Judicial Committee of the Privy Council in 
 England determines all matters that can come 
 judicially before the Queen ; and amongst others, 
 decides on all matters of Colonial reference, and 
 is the ultimate resort of a Colonial subject, on an 
 appeal from the laws of his own colony. The 
 Privy Council in Canada can refer certain 
 
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 matters to the Supreme Court at Ottawa, as 
 will be referred to hereafter. 
 
 The duties of the Privy Councillors, as defined 
 by their oath of office, are to serve her Majesty 
 truly and faithfully in lu r Council ; to keep secret 
 all matters treats d, debated or resolved in the 
 Privy Council from all persons outside of that 
 bod 3' : and if the n»atter refer to any member of 
 the Council concer^iin^^ his loyalty and lidelity, 
 then it nmst not be disclosed to that member 
 until the Queen's pleasure be known in that 
 behalf. They must in all thinj^s faithfully, 
 honestly and truly declare tlieir mind and opinion 
 to tlie h(mor iind benefit of her Majesty : and in 
 f^eneral be vij^ilant, diligent and circumspect 
 in all their doings touching the Queen's affairs, 
 as good Councillors should do. 
 
 These functif>ns of the Privy Council are exer- 
 cised by the Cabinet Council ; but the oath taken 
 by each Privy Councillor on his accepting office 
 would oblige him to be mindful of these duties 
 during his life-time, his appointment lasting 
 during that period. Complete harmony of action 
 is required among the members of the Govern- 
 ment when what are called " Cabinet questions " 
 arise. If any member of the (iovernment fails 
 to agree with the views of the Council on such 
 questions it is his duty to resign. On tliese 
 questions the Government of the day stands or 
 falls together. Measures initiated by members 
 of the (iovernment are not necessarily measures 
 
Manaal of Goccrnment in Conmla. 
 
 77 
 
 upon which, if the MiniHtry are (lefeated in the 
 Commons, it would he their duty to resij^n. Hut 
 if tlie Ministry make any question, otherwise not 
 a Government measure, to he such, then their 
 defeat on that would give rise to votes of want 
 of eonlidence, which, if successful, would neces- 
 sitate a chan«?e of Ministry. 
 
 The CahinetC'Ouncil is, therefore, a Huctuating 
 body, which, hesidesheinpjt! le choice of t lie Crown, 
 is also tlie approved party of tlie two Houses of 
 Parhament. The Cabinet, on one sidi', takes its 
 origin in the two Houses of Parliament, and on 
 the other exists and acts in the Executive. It is 
 well defined as tile connecting link between the 
 Legislative and Executive authority.* For, 
 although in theory the Queen is the Executive, 
 the Privy Council or Ciovernment is the real 
 Executive, 'i'he other is a fiction per[)etuated 
 here by statute, but none the less a fiction. 
 The Queen, or Governor-Generiil in Canada, 
 does every thing, it is true, but does it because 
 the Privy Council advise so: and witliout such 
 advice nothing is done. 
 
 The l*rivy Council is a section of the Houses 
 of Parliament, ami yet it rules not only the 
 first estate, but th(^ other two as well. In fact, 
 it is a deputed ConiKiittee of Parliament wiiich 
 carries on the Government. Its aim is to please 
 the Senate and C(>mmons. So long as it does 
 that it cannot displease the Crown. Whatever 
 
 * Bagehot, ou The Kugliiili Cuustitutioii. 
 
78 
 
 Mavual of (inrrniment in Canada, 
 
 tlicy adviKc is done, nnd presuniably is done for 
 the host, ns the p<'ople are satisHed. and wlien 
 they are, the Crown iRsatisfi(d. Tlie Crown Inis 
 no choice in rcahty ; it diKcovers the people's 
 choice, and tlji'n HehctH him as Leader — as 
 Prime Minister. He is the double choice, and 
 our Constitution d«)es not admit of the supposi- 
 tion that the Crown will choose anv one not the 
 choice of the people. This i« not saying; hut 
 that the Crown has certain abstract rights; but 
 these are obsolete and disused in Kiij^land, and 
 can have no application here. The Cabinet 
 Council, in <'rt'eet, governs the peoj>le ; and the 
 jieople, and the i)e<)ple only, have to say of whom 
 the Cabinet is to be composed. It is their loss 
 or pain, and is their choice by right. The Crown 
 approves without interfering. 
 
CHAPTKi; X. 
 
 KXKCITIVE (iUVKRN.MKXT.-ADMINISTHATlVK UUAXCII. 
 
 I. TnK Ckow.s. 
 
 Having considered tlie Lof^islativc functions 
 of the (lovcrnniont of ('anadu. attention will 
 now he directj'd to its Kxrcntive. This is 
 divided into two parts l^y sonke writers, viz.. 
 Administrative and Judicial Government : hut 
 tht' three duties r>f (tovernrnent in inakin;^, 
 explaininc; and enforcing laws will !>•• found to he 
 convenii-nt. 
 
 The Executive (iovtrmutnt and autliority in 
 and over Cana<la is vested in tlie (^ueen. The 
 Government of Canada is carried on hy and on 
 hehalf of the Queen hy a (iovernor-General aided 
 and assisted hy Privy Councillors. What prero- 
 <j;atives of Royalty can he exercised hy the 
 Governor-General are not easily ascertained, as 
 was seen in a former chapter. So far in the 
 History of the Dominioti it does not appear that 
 he can oflicially act <>tiier than on the julvice of 
 his responsihh' Ministers. When a Ministry 
 resigns, tiie Crown stantls alone with no adviser 
 known to the Constituti(m. Its tirst stej) taken 
 towards the fonnation of a nt-w Ministry is 
 one taken on advice. A mem her accepting 
 the position of leader of a new Government is hy 
 the theory of the Constitution advising the 
 
80 
 
 MdinKtl of' (Joreniinent in ('ainuia. 
 
 (lOVcrnor-Gt'iieral to that step. The new leader 
 adviHes l)y accoptiiif^. 
 
 Prohahly the only instance in which « Gov- 
 ernor must act on his own independent advice is 
 wliere he conceives that the Policy of his present 
 advisers is not such as the country would uphold 
 if the elective branch were dissolved and the 
 country left to decide the question. This new 
 Ministry would, however, have to shoulder the 
 responsibility of this extraordinary course. It 
 may well happen that a Ministry, even in •,'ood 
 faith, would mistake the right course where 
 several are open to it, and then feel itself bounu 
 to continue that course. A prudent Governor, 
 superior to party and viewing his country from 
 an elevation higher than his advisers view it, may 
 conclude that the country would n.>t approve of 
 such a course as his Ministry advise him to 
 pursue. The Crown outlives party: to-day one 
 set of advisers are in power, and to morrow they 
 are gone, lie remains, and in extraordinary 
 emergencies his timely check may save his 
 countrv. 
 
 ft/ 
 
 This, however, may not happen, with a series 
 of Governors, in the space of a century. His 
 Ministry for the time being, represent the people; 
 and it is more reasonable that he should take 
 their advice than that they take hi •, and the 
 respjnsihility of it, at the same time. They 
 cannot avoid the responsibility ; and they would 
 be ridiculous and inconsistent in aying the 
 
Maiiiutl of Government in Canada. 81 
 
 advice was not theirs, but wan tlie Governor's. 
 He is not responsible to the people, but his 
 Ministry is; and it is generally be^ster for the 
 people to have a Governor who will follow his 
 a iVisers, than to have one looking for advisers. 
 In the ordinary course of events, there could be 
 no hesitancy in preferring the advice of a 
 responsible Ministry to that of an irresponsible 
 official. 
 
 The people have decided who is to rule them 
 for a term of years at a time. Their choice 
 may have been unfortunate, but there appears no 
 way of recalling it, unless tlie Governor fancies 
 he can safely dii^'^olve the House on the 
 strength of what he relieves the public sentiment 
 to be. This may sometimes be necessary and 
 expedient ; but it is a dangerous experiment, and 
 appears to be contrary to the spirit of the 
 British Constitution in modern times. The 
 Crown is satisfied at the clioice the people have 
 made in the last election — it does not speculate, 
 as to what choice they will make in tlie next. 
 
 The fact seems to be that some body must 
 take the responsibility of even this official act of 
 the Governor-General, either the outgoing or 
 incoming Ministry as to change of Government. 
 The moment any one accepts the leadership, he 
 tenders advice as to the choice. 
 
 In the exercise of the lioyal Prerogative of 
 Pardon the British Government for a long time 
 
i 
 
 Manual of Government in Canada. 
 
 held out that the exercise of this power vested in 
 the Governor-General without the advice of his 
 Ministers ; but they amended the instructions to 
 Lord DufTerin on this point on the able arguments 
 advanced hy the Canadian Minister of Justice, 
 the Hon. Edward Blake. 
 
 Other administrative statutory rights of the 
 Crown, such as convoking or diKsolvin«:j Parlia- 
 ment, appointing Judgts, appointing Lieutenant- 
 Governors, »\:c., though vested in tlie Governor- 
 General are, in reality, done under advice from 
 responsible Ministers. 
 
 II. Thk Paiuja.mknt. 
 
 'I'lio administrative functions of Parliament 
 have already been referred to. By the defeat of 
 the acting Administration on a test question they 
 force them to resign. The Parliament, in caso 
 the Crown refuses to agree with it, can refuse 
 the Supplies and create a deadlock in public 
 affairs. It has also the removal of Judges m its 
 power, on petition made for that purpose. 
 
 HI. PlUVY CoiNCn, COI.LKCTIVELY. 
 
 The administrative functions of the Privy 
 Council as a body consist in promulgating Orders 
 in Council which have the effect of laws, issuing 
 proclamations, directing enquiries in public 
 matters, taking action in unforeseen emergencies, 
 and advising in all matters done officially by the 
 Governor-General in Council and out of it. The 
 
Manual of Government in Canada. 83 
 
 proceedings of the Privy Council are secret, or 
 supposed to be so, and the Council is presided 
 over by one of their members called the President 
 of the Council. The Governor-General is not 
 often present ; on exceptional occasions he pro- 
 sides. The practice was reported to England to 
 be that the questions of State are discussed by 
 the Council and by the First Minister, anl 
 reported to the Governor-General. 
 

 
 CHAT»TKR XI. 
 
 ADMINISTRATIVK (M)VKRNMKNT.— MINISTERS' DEPART- 
 MENTAL DUTIKS. 
 
 Thk task of administering the public affairs 
 of Canada is divided into twelve departments, 
 each presided over by a Minister, who makes an 
 annual report to Parliament by command of the 
 Governor-General. If the administration of 
 public affairs is not to the satisfaction of Parlia- 
 ment the task can be handed over to others. 
 No particular place is assigned to the Leader, 
 or Prime Minister. In England the Leader is 
 usually First Lord of the Treasury, but the 
 Departmental work there is not at all similar to 
 what it is in Canada. 
 
 Each Minister is paid $7,000 per annum as 
 compensation for his labor. The Ministers in 
 the different Departments at Ottawa are assisted 
 by deputies and assistants, who form the Civil 
 Service of Canada. The following are the De- 
 partments as they stand at present, since the 
 
 Statutes of 18V9 : 
 
 1. The Department of Justice. 
 
 2. The Department of Finance. 
 
 3. The Department of Agriculture. 
 
 4. The Department of the Secretary of State of Canada. 
 
 5. The Department of Militia and Defence. 
 
 6. The Department of Customs. 
 
 7. The Department of Inland Revenue. 
 
 8. The Department of the Interior. 
 
 9. The Department of Public Works. 
 
 10. The Department of Railways and Canals. 
 
 11. The Post Office Department. 
 
 12. The Department of Marine and Fisheries. 
 
CHAPTER XH. 
 
 AnMINISTPATIVK UOVKRNMKNT.-K'oHxiJfUKD.) 
 
 1. TiiK Pepartmknt (»k Justick. 
 
 Thih Department of tlie Civil Service is 
 presided over by the Minister of Justice for 
 Canada, who is appointed hy Uie (tovernor- 
 General, by Commission, under the (ireat Seal, 
 and who holds oDice during; pleasure — that is, so 
 long as the Government, of which he is a mem- 
 ber, retains office. The Minister of Justice is by 
 virtue of his office Attorney-General of Canada, 
 and in this regard, he is entrusted with the same 
 powers, and charged with tiie same duties, which 
 belong to the office of Attorney-General for 
 England, by law, or usage, so far as the same 
 powers and duties are applicable to Canada ; and 
 also with such powers and duties as belonged to 
 that office, prior to 1867, in the Province, in 
 order to carry out the provisions of the Con- 
 federation Act by the Government of the 
 Dominion. 
 
 He is Legal Adviser of the Governor-General, 
 and the Legal Member of the Privy Council. 
 He must see that tlie Administration of Public 
 Affairs is in accordance with law. He has the 
 superintendence of all matters connected with 
 the Administration of Justice in Canada, that 
 does not fall within the Jurisdiction of the 
 Provinces. He must advise upon the Legislation 
 of the Provinces in case it be in excess of their 
 
w^ 
 
 8G 
 
 Manmil of Government in Cunmla. 
 
 powers, and must advise tlie Crown generally 
 upon all matters of law referred to liim. He 
 advises tlie heads of the other Departments upon 
 all matters of Law connected with their 
 departments. He settles and approves of all 
 Instruments issued under the (ireat Seal of 
 Canada, has the conduct and regulation of all 
 litigation for or against the Crown, or any 
 Public Department, in matters within the 
 authority and jurisdiction of the Dominion ; and 
 he may have to advise on other matters referred 
 to him by the (lovernor in Council. He has 
 also the superintendence of Penitentiaries and 
 the Prison system of the Dominion, and returns 
 are made to him every year from Penitentiaries, 
 (laols, Lunatic Asylums and Reformatories. 
 
 The Governor appoints a Deputy of the 
 Minister of Justice, who is charged with the 
 performance of these Departmental duties, 
 under the Minister. He has the control and 
 management of the officers, clerks and servants 
 of the Department, who are appointed by the 
 Governor, and he may have other powers and 
 duties assigned him by the Governor in Council. 
 
 By order in Council, dated in February, 1876, 
 rules for proceedings in the Supreme Court were 
 promulgated, and the general practice of the 
 Court in receiving and hearing appeals was laid 
 down. 
 
 The Minister of Justice is now a member of 
 the Treasury Board in the room, and stead of 
 the Receiver-General. 
 
CHAITE!{ XHI. 
 
 AHMINISTRATIVK OoVKHNMKNT— (rorrtjernn.) 
 
 2. Tub Dur.viTMKST ok Financk. 
 
 This Department of the Civil Servict ia 
 presided over by tlie MiniHter of Finance a ad 
 Receiver (leneral, appointed and lioldi? •, office 
 like the ^f'lister of JuHtice and the other Min i- 
 terH of the Crown. 
 
 Tiiib Department has the HUpervision, control 
 and direction of all matters relating: to the 
 Financial Affairs and Public Accounts, Uevenue 
 and Expenditure of the Dominiim, excepting such 
 of these matters as may be assigned to other 
 departments, as Customs. iV:c. 
 
 The Governor-General appoints a De])uty 
 Minister of Finance, wlio is Deputy Head of the 
 Department and Secretary of the Treasury 
 Board. Formerly the Auditor General and an 
 officer called the Deputy Inspector (ieneral were 
 officers of this Department. A Board called the 
 Treasury Board, consisting of the Minister of 
 Finance, the Minister of Justice, the Minister of 
 Customs, and the Minister of Inland Revenue is 
 a Committee of the Privv Council on all matters 
 mentioned as belonging to tliis Department. 
 The Board mav call the attention of the Council 
 to any of these matters, or the Council may refer 
 any of them to the Board. The Board has 
 
88 Manual of Government in Canada. 
 
 .* ■•; 
 
 I 
 
 I 
 
 power tc require from any Public Department, 
 Board or Officer, or other person or pnrty bound 
 by law to furnish the same to the Government, 
 any account, return, statement, document, or 
 information which the Board may think necessary 
 for the due performance of its duties. By the 
 ^Yord Revenue in this Department is meant 
 Revenue of the Dominion of Canada and all 
 branches thereof, and all public moneys, whether 
 arising from duties of Customs or other duties, 
 or from the Post Office, or from tolls on Canals, 
 Railways or other public works, or from penalties 
 or forfeitures, or rents or dues, or other source 
 whatsoever, and whether the money belongs to 
 or is collected by the Dominion in trust for any 
 Province or for Great Britain. The Governor 
 in Council determines what officers are necessary 
 in the collection of the Revenue, and divides up 
 Canada into posts and districts for Revenue pur- 
 poses, and makes all necessary regulations for 
 payment and accounting for the Revenue. No 
 money is paid out of the Public Chest unless by 
 cheque on some bank upon the warrant of the 
 Governor in Council, signed by the Receiver 
 General and countersigned by the Minister of 
 Finance, or their respective Deputies. 
 
 The Governor appoints a Board of Audit, 
 whose duty it is to report on any accounts laid 
 before it. This Board consists of the Deputy 
 Postmaster-General, the Comm.issioner of Cus- 
 toms, the Commissioner of Inland Revenue, the 
 
Manual of Government in Canada. 
 
 89 
 
 Deputy Minister of Finance, the Deputy of the 
 Minister of Public Works, the Deputy of the 
 Minister of Militia, the Deputy of the Minister 
 of Marine and Fisheries, and an Auditor- 
 General, appointed by the Governor, who is 
 Chairman of the Board. This Board examines 
 into public accounts submitted to them, and 
 reports to the Minister of Finance, and no deci- 
 sion of the Board is binding until approved of 
 by him. The Board prepares and submits to 
 the Minister of Finance the public accounts to 
 be annually laid before i'arliament for the finan- 
 cial year. The iinancial year begins on the 30th 
 of June in each year. This Board has power to 
 examine persons on oath, to obtain writs of 
 summons, issue commissions, and to take evi- 
 dence when necessary. 
 
 This Department has to deal with banks 
 issuing Dominion notes in place of their own, 
 and also with the issue of Dominion notes, and 
 with the currency generally. 
 
 The Minister of Finance is now Receiver- 
 General, and has all the powers and duties 
 which the Ueceiver-Creneral was charged with. 
 
 For the more complete examination of the 
 public accounts, and for the reporting thereon, 
 the Governor General may, under the Great Seal, 
 appoint an Auditor General of Canada, who holds 
 office till removed bv the Governor-General on 
 the address of the Senate and Commons. He 
 issues all cheques under the Parliamentary 
 
i 
 
 ( 
 
 II 
 
 
 
 
 
 1 
 
 1 
 
 ^B'^-^ 
 
 
 ^^H 
 
 
 ^^B 
 
 
 ^^H 
 
 
 ^^K 
 
 
 ^^^H 
 
 ^^^B 
 
 
 ^B 
 
 
 1 
 
 
 ■|i 
 
 ^ 
 
 90 Manual of Government in Canada. 
 
 appropriation, and unless in these cases no cheque 
 of the P'inance Minister shall issue unless upon 
 his certificate. He certifies and reports as to 
 the puhlic accounts presented to Parliament by 
 the Minister. 
 
 The Deput}' of the Minister shall keep the 
 accounts with the Financial Agents of the Domi- 
 nion in England and with the banks paying or 
 receiving public money, pnd accounts of money 
 paid for interest on Canadian stock, debentures 
 or other securities. He shall countersign all 
 debentures and keep a debenture book, an interest 
 l)ook respecting them, and an appropriation book, 
 and shall keep the pul)lic accounts of the Domi- 
 nion, and has control and direction of its financial 
 affairs, public accounts, revenue and expenditure 
 under the Minister. He prepares and submits 
 to the Ministers the public accounts to be laid 
 before Parliament. The manner of dealing with 
 this most important part of the public affairs in 
 the Finance Department is too complicated to 
 give even a general idea of its workings within 
 a small space. The reader must be referred to 
 Public Accounts Audit Act, 1878, and its amend- 
 ments. 
 
■m 
 
 CHAPTER XIV. 
 
 
 ADMINISTRATIVE GOVERNMENT.— (CoirriNOED.) 
 
 3. The Department of Aorioulturb. 
 
 This Department is presided over by the 
 Minister of Agriculture, who, with a Deputy 
 Minister, has charge of the management and 
 direction of the Department. 
 
 The duties and powers of the Minister of 
 Agriculture, extend to the execution of the 
 laws enacted by the Parliament of Canada, and 
 of the orders of the Governor-General in 
 Council relating to the following subjects, which 
 are controlled and directed by the Department : 
 
 1. Agriculture. 
 
 2. Immigration and Emigration. 
 
 3. Public Health and Quarantine. 
 
 4. The Marine and Emigrant Hospital at Quebec. 
 
 5. Arts and Manufactures. 
 
 0. The Census, Statistics and the Registration of Statis- 
 tics. 
 
 7. Patents of Invention. 
 
 8. Copyright. 
 
 9. Industrial Designs r 1 Trade Marks. 
 
 Any of these powers and duties may be 
 assigned to other members of the Privy Council 
 by the Governor in Council, and the same power 
 may also assign additional duties to the Minister 
 of Agriculture than those above enumerated. 
 The Minister is bound to make his Annual 
 Keport to both Houses of Parliament within 
 
w 
 
 S; ! 
 
 ♦ 
 
 ( 
 
 92 Manual of Government in Canada. 
 
 twenty days after the commencement of the 
 Session. 
 
 Each of the Provinces has power to Legislate 
 in relation to Agriculture in its respective 
 Province, and also in relation to Immigration 
 into such Province. The Dominion has power 
 to Legislate, in relation to these same subjects, 
 in all or any of the Provinces ; and the 
 Provincial law takes effect so long and as far 
 only as it is not repugnant to any Act of the 
 Parliament of Canada. These two subjects of 
 Agriculture and Immigration into the Provin-^as 
 are the only subjects in which Canada and the 
 Provinces have concurrent Jurisdiction. Canada 
 maintains Emigration Offices in Great Britain 
 and in Canada ; and arrangements are entered 
 into by which the Dominion and Provincial 
 Governments assist each other in this particular ; 
 and conferences of the delegates of both Gov- 
 ernments are convened from time to time in 
 the Office of this Department. Minute statutory 
 Begulations are made in regard to Immigrants, 
 Quarantine, &c. ; and the Governor in Council is 
 empowered to make regulations to carry out the 
 Quarantine Act, or prohibit the landing of vicious 
 immigrants, &c. 
 
 The Minister of Agriculture keeps a register 
 of Copyrights, in which proprietors of literary, 
 scientific and artistic works or compositions 
 may register the same under the Copyright Act 
 of 1875. The Minister has power to make rules 
 
Manual of Government in Canada, 98 
 
 and regulationB and prescribe forms for this pur- 
 pose. The term of copyright is for twenty-eight 
 years, and may, under certain circumstances, 
 be renewed for fourteen years after the expira- 
 tion of that time. Two copies of the work are 
 deposited in this Office, one of which is forwarded 
 to the Library of Parliament. The notice of 
 obtaining a copyright must appear in the work 
 itself in a prescribed form. The rules and regu- 
 lations are laid down by an order of the Privy 
 Council dated 7th December, 1875. The regu- 
 lations as to Trade-marks and Designs were laid 
 down by Statute in h>19. 
 
 The Min'ster of Agriculture receives returns 
 as to criminal statistics every year up to the 
 30th September, from the proper officers of the 
 courts administering criminal justice, and from 
 Wardens and Sheriffs and Justices of the Peace, 
 and records of the same are kept in his Depart- 
 ment. He receives also such returns as to the 
 exercise of the prerogative of mercy as are fur- 
 nished by the Secretary of State. These statis- 
 tics and returns are abstracted and printed 
 
 yearly. ' 
 
 A Census shall be taken in 1881, and in eveiy 
 tenth year thereafter, at the beginning of each 
 such year. The details of the Census shall be 
 directed by the Governor in Council ; and this 
 Department shall prepare all forms and instruc- 
 tions necessary for that purpose, and examine 
 into the returns and records, and lay before 
 

 94 
 
 Manual of Government in Canada. 
 
 Parliament such abstracts and tabular returns 
 shewing the results of the Census as accurately 
 and fully as possible. 
 
 The Minister of Agriculture is, under the 
 approval of the Governor in Council, from time 
 to time to collect, abstract, tabulate and publish 
 the Vital, Agricultural, Commercial, Criminal 
 and other statistics of the country ; and has all. 
 the necessary powers to provide himself with all 
 proper officers and assistants for that purpose. 
 Regulations as to Contageous Diseases in Cattle 
 issue from this Department by order of the 
 Governor in Council. 
 
 
CHAPTER XV. 
 
 ADMrVISTRATTVE OOVKRXMF.NT— (rowTtsCKD.) 
 
 4. Thk Depaktmentoftiik Skckktauy ok State of Canada. 
 
 The Department is presided over by the 
 Secretary of State of Canada, and managed 
 under his direction. The Governor-Cieneral may 
 also appoint an " I'uder Secretary of State" and 
 other necessary officers. 
 
 The duty of this Minister is to have charge of 
 the State Correspondence, to keep all State 
 Records and papers not speciall}' transferred to 
 other Departments, and to perform such other 
 duties as may be assigned him. He is the 
 Kegistrar General of Canada, and as such 
 registers all Instruments of Summons, Commis- 
 sions, Letters Patent, Writs, and other Instru- 
 ments issued under the Great Seal ; and the 
 Cnder Secretary of State, as Deputy Registrar 
 General of Canada, may sign and certify the 
 registration of all instruments and documents 
 required to be registered, and may issue certified 
 or authenticated copies of these or any records 
 in the office which may be so required. He has 
 also control of the tariff of fees in the applica- 
 tion of Letters-patent, and it is througli his 
 Department that these issue. 
 
 The office of Superintendent of Indian Affairs 
 was formerlv entrusted to this Minister ; and he 
 
i 
 
 96 Mantuil of Government in Canada. 
 
 had control and management of the lands and 
 property of the Indians in Canada ; but now this 
 is assigned to the Minister of the Interior. 
 
 The Secretary of State had formerly charge 
 of the North-West Mounted Police. This is now 
 transferred to the Minister of the Interior. 
 
 All powers and duties vested in the Commis- 
 sioner of Crown Lands, with respect to Ordinance 
 or Admiralty Lands in the late Province of Canada, 
 are transferred and vested in the Secretary of 
 State, and are to be exercised and performed by 
 him. He has also control and management of 
 all Dominion Crown Lands not specially under 
 the control of the Public Works Department. 
 
 The Secretary of State reports annually to 
 Parliament within ten days after its commence- 
 ment. 
 
 The Secretary of State has charge of the 
 State correspondence with the Provinces, as 
 there is now no Secretary of State for the Pro- 
 vinces. He has charge of supplying the sta- 
 tionery required by the several Departments of 
 the Government, and has charge of the Station- 
 ery Department, and the Queen's Printer is an 
 officer of this Department. 
 
 The Queen's Printer for Canada is appointed 
 by commission under the Great Seal, and holds 
 office during pleasure. He prints and publishes, 
 under the authority of the Governor in Council, 
 the Official Gazette of the Dominion, known as 
 the Canada Gazette. All the requisite depart- 
 
Manual of Government in Canada. 
 
 07 
 
 mental and other reports, forms, documents 
 and other papers, all State Proclamations, and 
 all official notices, advertisements and docu- 
 ments relating; to the Dominion of Canada and 
 under the control of Parliament, and requiring 
 puhlication, must he puhlished in the Canada 
 Gazette, unless some other mode of puhlication 
 is required hy law. 
 
CHAPTEK XVJ. 
 
 i 
 
 t 
 
 I 
 
 « 
 
 1 
 
 I i 
 I 1 
 
 ADMINI8TRATIVK (JOVERNMKNT.— ContisceI).) 
 
 5. Thk Dki'akt.mkxt of Marine and Fisheries. 
 
 The MiniKter of Afarine and Fisheries han the 
 management and direction of this Pubhc De- 
 partment under his control. His Deputy directs 
 and oversees the other officers and servants of 
 the J)epartment, and has {general control of its 
 business in the absence of the Minister. 
 
 The following are the matters within the con- 
 trol of this Department, under any existing 
 laws in reference thereto : 
 
 1. Sea, Coast and Inland Fisheries, and the manage- 
 ment regulation and protection thereof, and anything 
 relating thereto ; 
 
 2. Trinity Houses and Trinity Boards, Pilots and 
 Pilotage, and Decayed I'ilots' Funds ; 
 
 3. Beacons, Buoys, Liglits, Light-Houses, and their 
 maintenance ; 
 
 4. Harbors, Ports, Piers ani Wharves, Steamers and 
 Vessels belonging to the Government of Canada, except 
 Gunboats or other Vessels of War ; 
 
 5. Harbor Commissioners and Harbor Masters ; 
 
 6. Classification of Vessels, and examination and 
 granting of Certificates of Masters and Mates, and 
 others in the Merchant service ; 
 
 7. Shipping Masters and Shipping OflScers ; 
 
 8. Inspection of Steamboats and boards of Steamboat 
 inspection ; 
 
 9. Enquiries into causes of Shipwrecks ; 
 
Manual of Government in Canada. 
 
 90 
 
 10. Establishment, regulation and maintenance of 
 Marine and Seamen Hospitals and care of distressed 
 seamen, and generally such matters as refer to the 
 Marine and Navigation of Canada. 
 
 Orders in Council regulate tlie close seasons 
 for fish in the different Provincds, and are made 
 on the recommendation of the Minister of this 
 Department. 
 
 The Governor in Council may at any time, by 
 Proclamation, transfer from this Department to 
 the Department of Public Works the construction 
 and repair of Light Houses. 
 
[! 'i 
 
 CIIAITKn XVII. 
 
 1) 
 
 I 
 
 ' 
 
 ADMIN'ISTRATIVK (J<»VKRXMKNT.-(Coi»TiKirKn.) 
 
 ('). Depaktmknt of Mimtia and Dkhknck. 
 
 The MiniHter of Militia and Defeiico is charged 
 with and reKponsihle for the administration of 
 MiHtia AffairH, including all niatterK involving 
 expenditure, and of the fortitications, gunboats, 
 ordnance, ammunition, arms, armories, stores, 
 munitions, and hahiliments of war belonging to 
 Canada. He has also the initiative in all Militia 
 Affairs involving the expenditure of money. 
 The Governor in Council may appoint a Deputy 
 to this Minister, and such other olHcers as may 
 be necessary, and prescribe their duties. 
 
 The Command-in-Chief of the Land and Naval 
 Militia, and of all Naval and Military forces of 
 and in Canada, is vested in the Queen, and shall 
 be exercised and administered by Her Majesty 
 personally, or by the Governor-General as Her 
 rejiresentative. 
 
 The Militia consists of all the male inhabitants 
 
 over eighteen years of age and under sixty, not 
 
 exempted or disqualitied by law, and being 
 
 British subjects by birth or naturalization. 
 
 There are four classes of Militia, as follows : 
 
 1 . 18 and over 1 8, and under 30 years, who are unmarried 
 or widowers without children. These will be called 
 upon to serve first. 
 
/ 
 
 / 
 
 ■%. 
 
 ../ 
 
 yfimnnl of Government in C<infi(hi. lOl 
 
 2. Those of 30 and upwards, but uiuli-r 4.'), unmarried, 
 or wiilowors, without chihlren. TI»«*»to will bo 
 called after the first (;la88. 
 
 o. Those of IS and upwards, but under 4'), who are 
 marrietl, or widowers, with chihlren. These will, 
 are next liable to bo called. 
 
 4. Those of 40 and upwards, but under CO. These are 
 not calif ' until the others are serving. 
 
 Her Majority may, however, in the case of a 
 general rising, or rebellion, require all the male 
 inhabitants of the Dominion, capable of bearing 
 arms, to serve in the Militia. 
 
 The Militia is divided into the Active and 
 Reserve Militia. 
 
 1. The Actire consists of tliree divisions : 
 
 (a.) The Volunteers, who are com|)ose<l of corps, raised 
 by enlistment, who serve for throe years, in time of 
 peace. 
 
 (6.) Tlie regulars are composed of men who voluntarily 
 enlist to serve therem, or of men balloted to serve 
 or of men who voluntJirily enlist to serve with the 
 balloted men, and of men balloted to serve. 
 
 (c.) The Marines are composed of seamen sailors, and 
 persons whose usual occupation is upon any 
 steamer, or sailing craft, navigating the waters of 
 theDominion. The term of service of the Marines 
 and Regulars is two years. 
 
 2. The Reserve Militia consists of the whole of 
 the men not serving in the Active Militia of the 
 time being. 
 
I !; 
 
 />' ■ 
 
 ',t 
 
 m 
 
 f; 
 
 102 Manual of Government in Canada. 
 
 Canada is divided into twelve Military Dis- 
 tricts: 
 
 Ontario 4 
 
 Quebec 3 
 
 Nova Scotia , I 
 
 New Brunswick 1 
 
 Manitoba 1 
 
 British Columbia 1 
 
 Prince Edward Island 1 
 
 Schools of Instruction are established in gar- 
 rison towns in Canada ; and the staff of In- 
 structors, under the superintendence of a mili- 
 tary officer calleJ a Commandant, is appointed 
 by the Governor in Council. The regulations 
 for admission, ka., are laid down by Order in 
 Council. 
 
 Tlie Department of Militia and Defence pays 
 those on the pension list, and enquires who are 
 entitled to pensions. 
 
 Certain lands in Canada used for military 
 defence, or under the control of the Ordnance 
 Department, are vested in the Secretary of 
 State for War in England, who can dispose of 
 the same or purchase new lands for military 
 l^urposes. 
 
 As regards the Naval defence of the Province, 
 all the lands and other real property, such ac 
 docks, dock-yards, arsenals, piers, wharves, 
 quays, kc, vest in the Commissioner of the 
 Admiralty, or Lord High Admiral of England, 
 with power to dispose of the same, and other 
 powers, similar to the Secretary of State for 
 War as to the land defence. 
 
 \ I 
 
CHAPTER XVIII. 
 
 ADMINISTRATIVK GOV KRXMKNT.— (Continued/) 
 
 7. TnK Departmkn't of (Customs. 
 The Department of Customs is presided over 
 by the ^[inister of Customs appointed under the 
 Great Seal, and liolding office during; pleasure. 
 The Governcr-General appoints a Commissioner 
 of Customs, and an Assistant Commissioner of 
 Customs. These have certain powers and 
 perform certain duties assigned them by the 
 Governor-General, or by tlie Minister of Customs. 
 
 This Department has control and manage- 
 ment: 
 
 1. Of the collection of the duties of Customs aivl of 
 matters incident thereto, and of the officers and servants 
 employed in that service. 
 
 2. Of the Collection of Tolls on the Public Canals, and 
 of matters incident thereto, and of the officers and 
 persons employed in that service, subject to certain 
 Acts, Customs and the Revenue and public accounts and 
 accountants. 
 
 The Governor-General may appoint a Board 
 of Examiners for all employees in this depart- 
 ment, and these may classify the persons 
 employed, and grant certilicates accordingly. 
 
 The Minister of Customs reports annually to 
 Parliament on the transactions and affairs of his 
 Department within 15 days after Parliament 
 opens. 
 
CHAPTEK XIX. 
 
 . ] 
 
 I 
 
 h 
 
 II 
 
 II 
 
 ill 
 
 ' I 
 
 
 AmiINISTRATIVE (lOVEKXMKXT.— (Continued. > 
 
 8, Thk Depaktment of Inland Rkvente. 
 
 This Dej^artment is presided over by the Min- 
 ister of Inland Iievenue, who is assisted by a 
 Commissioner of Inland Iievenue and an Assist- 
 ant Commissioner, called also Inspector of the 
 Department, in i)erforming such duties as are 
 assigned to them by the Governor-General or by 
 the Minister in charge. 
 
 This Department has the control and manage- 
 ment — 
 
 1. Uf the collection of all duties of Excise ; 
 
 2. Of tlie collection of Stamp Duties and the prepara- 
 
 tion and issue of stamps and stamjjed paper, 
 «>xcei3t i^ostage stamps ; 
 
 3. Of Internal Taxes : 
 
 4. Of Standanl Weights and Measures ; 
 
 5. The administration of the laws affecting the culling 
 
 and measurement of timber, masts, spars, deals 
 
 and staves, and other articles of a like nature, and 
 
 the collection of sHdage and boomage dues ; 
 
 0. The collection of Bridge and Ferry tolls and rents ; 
 
 .Subject always to the provisions of the Acts relating 
 
 to the saic' subjects and matters connected therewith. 
 
 The regulations as to balances, and weighing 
 
 machines are laid down by order of the Privy 
 
 Council, dated 10th July, 1877. Under a 
 
 previous order Canada was divided into ten 
 
 districts, under the Act respecting Weights and 
 
Manual of Government in Cawida. 105 
 
 Measures ; four for Ontario ; two for Quebec ; and 
 one for tlie other Provinces, except Prince 
 Edward Island. In this office are regulations 
 for the inspection, verification and testing of 
 gas, and for analyzing food, under the Acts to 
 prevent the adulteration of food. The weights 
 and measures Act of 1879 provides for uniform- 
 ity of weights and measures, and prescribes 
 standards therefor as deposited in this Depart- 
 ment. 
 
 The Governor-General may appoint officers 
 and other persons to carry out all acts relating 
 to the Departmv^nt of Inland Revenue, or any 
 orders in Council, or regulations made there- 
 under. A Board of Examiners may be consti- 
 tuted in this Department, as in that of Customs. 
 
 The Minister reports annually to Parliament, 
 within fifteen days after the House opens. 
 
:»; 
 
 111 
 
 B 
 
 I! 
 
 I! i^' 
 
 i|: 
 
 ti ■ 
 
 (JHAPTKL* XX. 
 
 ADMfNISTRATIVK (lOVKRNMEXT.— (Continuep.) 
 
 9. The DKi'ARTMKyx of the Intekior. 
 
 This Department of the Civil Service is 
 presided over by the Minister of the Interior. 
 He has the control and management of the 
 affairs of the North-West Territories. He is the 
 Superintendent General of Indian Affairs, and 
 has the control and management of their lands 
 and property in Canada. He has also the 
 control and management of all Crown lands, 
 being tlie property of the Dominion, including 
 those known as Ordnance and Admiralty lands, 
 and all other Public Lands not specially under 
 the control of the Public Works, or of that of 
 Militia and Defence (and excepting also Marine 
 Hospitals and Light Houses, and land connected 
 therewith, and St. Paul's, Stable and Portage 
 Islands). He is substituted for the former 
 Commissioner of Crown Lands as regards Ord- 
 nance and Admiralty lands transferred to the 
 late Province of Canada, and lying in Ontario 
 and Quebec. 
 
 He takes the place of the Secretary of State in 
 the " Dominion Lands Act of 1872," and has all 
 the powers, attributes, functions, restrictions 
 and duties necessary to the enforcement of the 
 provisions of that Act. 
 
 I 
 
Manual of Government in Canada. 107 
 
 There is a Deputy Minister to this Department 
 who has eliarge, under the Minister, of the 
 performance of the Departmental duties, and 
 the control and management of the officers, 
 agents, clerks and servants in the Department. 
 The Geological Survey of Canada was attached 
 to this Department. 
 
 The Indian Act of 1876 amends and consoli- 
 dates the law relating to Indians. It defines 
 who they are, what lands they hold and are 
 entitled to, the protection the law affords them, 
 and the disabilities they labor under. The Gov- 
 ernor in Council may, however, exempt Indians 
 from any portion of the operations of the Act. 
 
 The law relating to the Administration and 
 Management of the Dominion lands is amended 
 and consolidated by an Act passed in 1879 v'cap. 
 81) ; and these are under the control of the 
 Minister of the Interior in a branch of this 
 Department called " The Dominion Lands 
 Office." This Act provides for the survey and 
 disposal of these lands, regulations as to home- 
 steads, mining and coal fields, timber lands, and 
 licenses tliereon, and for the issue of Patents to 
 these lands. 
 
 The Minister of this Department has charge 
 of the North-West Mounted Police. 
 
T 
 
 m 
 I 
 
 jttj, 
 
 I .*H 
 
 CHAl'TKK XXI. 
 
 AIJMIXISTKATIVE GO VERXMJ:NT.— tCo.vriNCED. ) 
 
 10. Post Office Depaktmkxt. 
 
 There is at the seat of Government, with the 
 other PubHc Departments, a Post Office Depart- 
 ment, for the superintendence and management 
 of the Postal Service of Canada, under the 
 direction of a Postm aster- (leneral. 
 
 He is appointed, like the other Ministers, by 
 Commission under the Great Seal, and holds 
 office, as they do, during pleasure. 
 
 He has power to appoint I'ostmasters having 
 perm?,"ent salaries in towns and cities. 
 
 He may also subject to the Acts in force : 
 
 1 . Establisli and close Post Offices, and Post routes, and 
 
 2. Appoint and suspend Postmasters, and other officers) 
 
 and servants. 
 
 3. Make mail contracts, or other business as to the 
 
 Post Office, and regulate what is mailable mattert 
 as to size and weight, and prohibit dangerous or 
 improper, or other articles V)eing sent ; and estab- 
 lish rates, unless others laid down in Parliament 
 therefor in Canada, and arrange for these outside 
 Canada. 
 ■*i''pare stjimps, stamjted envelopes, post cards, 
 wrappers, &c., and provide for the sale of the 
 same, and establish a Money Order system, and 
 make necessary regulations as to registration. 
 5. Establish street letter or pillar boxes, and generally 
 make such regulations as he deems necessary for 
 the due and effective working of his Department. 
 
 J 
 
Manual of Government in Canada. 109 
 
 A Deputy Postmaster- General is appointed 
 by the Governor in Council, who has control of 
 the Department, under the Minister. 
 
 The rates of postage on letters, newspapers 
 and periodical pu])lications, and wliat is called 
 book and parcel post, are laid down by Statute, 
 and the rostmaster-General has no power over 
 these. 
 
 The '• General Post Union," fcrnuMl under a 
 treat}- taking effect on the ist of July, 1875, 
 regulates the understanding had between Great 
 Britain and Germany, Austro Hungary, Belgium, 
 Denmark, Egypt, Spain, the United States of 
 America, France, Greece, Italy, Luxembourg, 
 Norway, the Netherlands, Portugal, Pioumania, 
 Piussia, Servia, Sweden, Switzerland and Turkey. 
 
 Postal arrangements and a Money Order 
 sj'stem are arranged between Canada and the 
 United States. 
 
 The Postmaster General has the sole and 
 exclusive privilege of sending and delivering 
 letters in Canada; and any person who infringes 
 upon this privilege, except as provided, is liable 
 to a penalty of at least '^20 for every letter 
 delivered, or found in his possession. The 
 exceptions provided are, letters sent by a private 
 friend, or by a messenger sent on purpose, on 
 private affairs of the sender, or receiver, or sent 
 by a private vessel to a place out of Canada, or 
 letters brought into Canada, and immediately 
 posted; or letters sent with goods, but without 
 
.1; 
 
 It > 
 
 I 
 
 M 
 
 110 Manual of Government in Canada. 
 
 pay or return and commissions, or other papers, 
 issuing out of a Court of Justice. 
 
 The rostmaster-Geneiiil reports very fully to 
 Parliament on the Finances, Receipts and 
 Expenditure of his Department ; what has been 
 paid for mail transport, salaries of persons 
 employed, incidental expenses, dead and lost 
 letters, the transactions of the money order 
 offices, the losses and costs under this system, 
 and the transactions of the Post Office Savings 
 Bank. 
 
 This Report is presented to the House within 
 ten days after the opening of the Session. 
 
CHAPTER XXII. 
 
 DEPARTMENT OF PUBLIC WORKS. 
 
 Prior to the 20th of May, 1879, the Depart- 
 ment of Public Works was presided over by one 
 Minister appointed in the usual way. On that 
 day, by Proclamation, it was divided into two 
 departments, to be presided over and managed 
 by two members of the Administration, who are 
 designated as the Minister of liailways and 
 Canals, and the Minister of Public Works. 
 
 11. Department of Railways and Canals. 
 The Minister in charge of this Department has 
 the management and direction of all liailways, 
 and works and property appertaining or incident 
 thereto, which immediately before the proclama- 
 tion mentioned were under the management and 
 direction of the Department of Public Works, to 
 the same extent and under the same provisions 
 as they were formerly managed. Each of the 
 two Ministers succeeds to all the powers and 
 duties before vested in the Minister of Public 
 Works, so far as respects the works under their 
 resjjective charge. In case any doubt arise as 
 to which of them any particular branch of the 
 Public Works belongs, it shall be decided by order 
 of the Governor in Council ; and he may make 
 order assigning any of the officers and employees 
 
112 Manual of Government in Canada. 
 
 ; 
 
 \^ 
 
 of the present Department to either of the ne wly 
 constituted Departments, or direct them to act 
 in hoth. 
 
 Tlie Governor in Council may appoint as chief 
 officer of the Department a Deputy Minister of 
 Railways and Canals, a Secretary, one or more 
 Chief Engineers, a chief Architect, and other 
 necessary officers. 
 
 The Deputy has charge of the Department 
 under the Minister, directs the other officers and, 
 has general control of the husiness of the De- 
 partment, and may he assigned other duties by 
 the Governor in Council. 
 
 The Secretary keeps account of the moneys 
 appropriated for and expended on each Public 
 Work and Building under the management of 
 the Department, keeps accounts with contractors, 
 looks after contracts to see that they are correctly 
 drawn up and executed, prepares certificates, 
 reports, ka. 
 
 The Chief Engineer and Architects prepare 
 maps, plans and estimates, and report to the 
 Minister thereon. 
 
 The Legislation relating to Railways generally 
 will be found amended and consolidated in chap. 
 9, 42 Victoria (1879). 
 
 12. The Departsient of Public Works. 
 The Minister of Public Works presides over 
 this Department, has charge of all Public Works 
 of the Dominion, except the Railways and 
 
 
Mdnuiil of (invcvnmcnt in Camula. 113 
 
 Canals, assigned to tho Minister of Railways 
 aiifl Canals under the Act of 1879. 
 
 He has control of : 
 
 1. Works for the Improvomont of tho Navi<,'ation of 
 
 any water, such as I^oeks, Dams, Hydraulic Works, 
 Harbour Piers, &c., an<l Works for facilitating the 
 transuiissiou of tiuibor, such as slides, dams, piers, 
 liooms, and other work, oxcei)t those appertaining 
 or belonging to (.'anals, or being incident thereto. 
 
 2. Koads and l)ridges, public buildings, vessels, dredges 
 
 scows, tools, implements and machinery, for the 
 improvement of navigation, not belonging to canals. 
 
 3. The Provincial steamers. 
 
 4. All other property (except that managed in the 
 
 Department of Railways and Canals) heretofore 
 acquired, constructeil, repaired, maintained, or* 
 improved at the expense of the late Province of 
 Canada, or of New Brunswick and Nova Scotia, or 
 hereafter to be acquired by Canada, 
 a. Such portions of Ordnance Proi)erty transferred to 
 the late Provincial Government of (Canada by the 
 Imperial Government, and afterwanls i)laced under 
 this Department. 
 
 But any puhlic works or property which were 
 or will be transferred to any of the Provinces 
 mentioned, or leased or sold to Municipalities, 
 incorporations, or other parties, are not within 
 this Department; nor are any public works, roads, 
 bridges, harbors, or property which were aban- 
 doned by proclamation to the control of the 
 Municipal or Local authorities. 
 
 The Governor-General may, by proclamation, 
 declare any other works, roads, bridges, harbors, 
 slides, light-houses, or buildings purchased or 
 
p 
 
 I 
 
 it- 
 
 114 Manual of Government in Canada, 
 
 constructed at the public expense, and not 
 assigned to the Provinces, to be under the 
 management of this Department. 
 
 All land, streams, water courses, and property 
 acquired for the use of the Public Works, are 
 vested in Her Majesty ; and the Minister may 
 take possession and acquire lands necessary for 
 the Public Service in Her name. The price and 
 other conditions are regulated under Arbitration, 
 from which, in cases over $500, an appeal lies to 
 the Exchequer Court of Canada. 
 
 Any work for or connected with the Public 
 
 Defence may, by order in Council, be declared 
 
 .within the management of this Department, 
 
 saving the rights of the Secretary of State for 
 
 War as to Imperial interests. 
 
 / X 
 
 I 
 
( . 
 
 CIIAlTKlf XXIIl. 
 
 i 
 
 REVKNUK AND ASSKTH OF CAXADA. 
 
 The expenses of the Public Service of Canada 
 are paid out of what \h called the Consolidated 
 llevenue Fund. This fund took its origin from 
 those Duties and Itevenues of the late Provinces 
 of Canada, Nova Scotia, and New Brunswick, 
 except such portions as were reserved at the 
 Union in 1867 to the Provinces, or are raised by 
 the Provinces themselves. It is composed of all 
 stocks, cash, bankers' balances and securities ; 
 all lands, mines, minerals and royalties; and 
 any sums due or payable thereon which then 
 belonged to the Provinces. 
 
 Also the following Public Works : 
 
 J. Canals, with Lands and Water Power connected 
 therewith. 
 
 2. PubHc Harbours. 
 
 3. Liglithouses and Piers, and Sable Island. 
 
 4. Steamboats, Dredges, and Public Vessels. 
 
 5. Kivers and Lake Improvements. 
 
 6. Kailways and Kailway Stocks, Mortgages, ami other 
 Debts due by liailway Companies. 
 
 7. Military Roads. 
 
 8. Custom Houses, Post Offices, and all other Public 
 
 Buildings, except such as the Government of Canada 
 appropriate for the Use of the Provincial Legishi- 
 tures and 'jovernments. 
 
 9. Property transferred by the Imperial Government, 
 and known as Ordnance Property. 
 
TT 
 
 116 Manual of Government in Canada. 
 
 
 II 
 
 H). Armouries, Drill Sheds, Military Clothing, and Mu- 
 nitions of War, and Lands set apart for general 
 Public Purposes. 
 
 Beyond this the Provinces retained all their 
 respective Public Property — Canada reserving 
 merely the right to assume any lands or Public 
 Prop'^rty required for fortifications or defence. 
 In return for this Canada became liable for the 
 debts and liabilities of each of these Provinces 
 at the Union, which were reduced by such stock, 
 cash, bankers, balances, and securities for money 
 as the Provinces had at the time. Canada gave 
 up to Ontario and Quebec conjointly the follow- 
 ing properties belonging to the late Province of 
 
 Canada : . 
 
 V]>per Canada Building Fund. 
 
 Lunatic Asylums. 
 
 ^'ormal Schools. 
 
 Court Houses in 
 
 Aylnier, 
 
 Montreal, 
 
 Kuniouraska, , 
 
 Law Society, Ui»per Canada. 
 
 Montreal Turnpike Trust. 
 
 Univ . sity Permanent Fund. 
 
 Eoyai institution. 
 
 Consolitlated Municii)al Loan Fund, Upper Canada. 
 
 ConsolidfUed Municipal Loan Fund, Lower Canada. 
 
 Agricultuial Society, Upper Canada. 
 
 Lower Canada Legislative Grant. 
 
 Quebec Fire Loan. 
 
 Temiscouata Advance Account. 
 
 Quebec Turnpike Trust. 
 
 Education, East. 
 
 Building and Jury Fund, Lower Canada. 
 
 Municijtalities Fund. 
 
 Lower Canada Superior Education Income Fund. 
 
 Although Canada assumed the indebtedness of 
 
 the Provinces, it was settled at a certain sum, or 
 
 -Lower Canada. 
 
 i 
 
 \ 
 

 
 Miuiunl of Government In Canada. 117 
 
 if beyond, the Provinces were to pay Canada 
 interest on the excess at 5 per centum per 
 annum. 
 
 These sums were as follows : 
 Ontario and Quebec, liable to Canada, if their debt 
 
 ^^'a^over $t;2,5t)0,0(J() (){) 
 
 >sovaScotia S,00j.O0O 00 
 
 New Brunswick 7,o<)i>,0()0 00 
 
 If the debts of the latter two Provinces were 
 not up to their respective amounts, tliey were to 
 get the same rate of interest in half yearly pay- 
 ments in advance on the difference. 
 
 Canada was to pay towards the expenses of 
 the Provincial Governments the following sums : 
 
 ^'itario $SO/K)0 
 
 Quebec 7(),0)l» 
 
 Nova Scotia OOjOOO 
 
 Xew Brunswick ;,() ooj 
 
 Besides, an annual grant determinable on the 
 population. 
 
 This was the basis of the Consolidated Re- 
 venue Fund of Canada in 1867 ; and the balance 
 of the Duties and llevenues not appropriated 
 were, along with all Duties and lievenues raised 
 in accordance with special Provincial powers, 
 formed into Provincial funds called tlie Consoli- 
 dated Revenue Fund of the Province. 
 
 These funds are each year augmented in 
 various ways. In the Dominion (lovernment, 
 large sums are paid in from the Customs, 
 Revenue and Public Land De])artments, by 
 means of tarifts, excise, or other duties, bv the 
 
^w^ 
 
 118 Mdiuial of Government in Canada. 
 
 sale of lands, by fees from the Post Office 
 Department, and from the various other De- 
 partments of State. If the receipts from these 
 sources are in advance of the amount asked for 
 in the Supply Bill, which sets out of the 
 expenditure of the country for the fiscal year, 
 then there is no necessity of direct taxation, or 
 specific grants by Parliament. The Ways and 
 Means used for raising the Supplies forms the 
 Budget of the year ; and when it is considered 
 that in Canada the supplies voted by Parlia- 
 ment usually run a great many million of 
 dollars annually, as the expenses of the Govern- 
 ment from July to July, the task which the 
 Minister has in making a satisfactory Budget 
 Speech is not at all an easy one. 
 Q\juay^JL ^^^^ ^^'^^ plmngg in the Consolidated Revenue 
 Q Fund of Canada is the costs, charges and 
 ex2)enses incident to its collection, management 
 and receipt. The interest on the Public Pro- 
 vincial debts is the second ; and the third is 
 the Governor-General's salary, fixed at iilO,000 
 sterling, or such other sum as the Parliament of 
 Canada may determine. After these payments 
 are made the balance is appropriated to the 
 Public Service of Canada, with no particular 
 order of preference. 
 
 The Governor-General in Council, unless Par- 
 liament otherwise directs, orders the form and 
 manner of all payments or discharge of liabili- 
 ties, under the Act of 1867, in regard to Canada 
 and its Provinces in these matters. 
 
 

 1 
 
 CHAPTER XXIV. 
 
 THK PROVIXCIAL CONSTITUTIONS. 
 
 It is not easy to define, in a few words, the 
 exact position of the Provinces comprising the 
 Dominion of Canada. In 1867 three existing 
 Provinces desired to be federally united into one 
 Dominion ; and they were so united, and formed 
 thereafter Canada. The three Provinces were 
 then lost sight of, and in their stead Canada 
 appeared ; and Canada was immediately after- 
 wards divided up into four Provinces. The late 
 Province of Canada, with Nova Scotia and New 
 Brunswick, was constitutionally wiped out of 
 existence ; and these portions of the British 
 possessions— these Colonies— were to be there- 
 after known under a new name collectivelv and 
 with new Constitutions. Had the new Political 
 division one Legislature only for all purposes, 
 the difficulty of defining our new situation would 
 be comparatively easy. But the difficulty of 
 legislating for all parts of the new Dominion was 
 deemed by the framers of its Constitution so 
 great that one central Parliament could not 
 satisfactorily accomplish that task. Accordingly, 
 in almost the very next section of the Act of 
 1867 uniting the three Provinces into Canada, 
 we find it declared that Canada shall be divided 
 into four Provinces, just as these possessions 
 
 / 
 
'W 
 
 h 
 
 Rfri 
 
 120 Manual of Government in Canada. 
 
 were before the Union Act of 1840 ; and then 
 exclusive powers of legislation are given to the 
 Provinces. The reader will remember that the 
 three Provinces, Canada, Nova Scotia and New 
 Brunswick, were one, might say four, even afteJ 
 1840 and up to 1807, as the Union Act, though 
 it united Upper and Lower Canada into one 
 Province, recognized their separate existence. 
 The eld Provinces retained their geographical 
 boundaries, but lost almost everything else. 
 They merged in the Dominion and were re-created 
 in another set of names — Ontario, Quebec, Nova 
 Scotia and New Brunswick. 
 
 There is a great difference, therefore, between 
 the present and past position of these Provinces. 
 Formerly they were Colonies of the Empire, and 
 j)ossessed Governors or Lieutenant-Governors, 
 who were the immediate representatives of the 
 Crown in their Provinces. Now their chief 
 Executive officers are members of the Colonial 
 Administration staff, and are but Lieutenants of 
 the Governor-General of Canada ; and the Pro- 
 vinces are no longer Colonies, but Provinces of a 
 Colony. Under the former Constitution they 
 had, subject to Imperial authority, the right to 
 make laws for the peace, order and good govern- 
 ment of their Provinces ; now their Legislative 
 power is limited to a prescribed set of subjects ; 
 and though they are supreme within these Con- 
 stitutional limits, it seems that thej' cannot go 
 beyond them. Whether wisely or not,, they 
 
 Ik 
 
Manual of Government in Canada. 121 
 
 /■ 
 
 ? 
 
 surrendered a Large portion of their rights to the 
 Federal Government at Ottawa to be there 
 determined upon. Any attempted assumption 
 of authority beyond tliese subjects, if not vetoed 
 by the Governor-General, is liable to be declared 
 unconstitutional by tlie Provincial or by the 
 Dominion Courts. 
 
 Besides tliese important raatters of substance, 
 it is said — whether that be important or not — that 
 they have lost some matters of form. In the 
 present Constitution one Parliament is given to 
 Canada ; to the Provinces of Canada are given 
 Legislatures without being styled Parliaments. 
 
 Whether any British possession in America 
 ever had a Parliament Ijefore the Dominion of 
 Canada got one, is a (juestion notto bediscussGd 
 here. No Plantation or Colony ever received it 
 in so many words, altliough it was certainly 
 assumed to be re2:)roduced under the Constitutions 
 of 1791 and 1840 in the Canadas. If a Legisla- 
 ture has all the deliberative powers necessary, 
 it is not much to discuss, except as a side issue, 
 whether it be a Parliament or not. 
 
 Again, it is said that the Lieutenant-Governors, 
 being deputies of the Governor- General, and not 
 of the Queen, have no power to give the Queen's 
 sanction to any Act of tlie Legislature. They 
 assent on behalf of the Governor-General.* 
 They have not the power to do so under the written 
 Constitution ; and there is certainly something 
 
 * I'or DruiiLT, C. J., in re (itwKlliuo, I'.i (irant. 
 
w 
 
 122 Mdnnul of Govenuuent in Canada. 
 
 anomalous in the case of the riovernor-General, 
 the Queen's Deputy, disallowing an Act passed 
 in the Provincial Legislatures by the Queen's 
 Most Excellent Majesty. An objection was for- 
 merly raised in the American colonies in the cor- 
 responding case of a Governor-General wlio was 
 unquestionably th- Royal Representative, but it 
 was over ruled. Or '^'c matter being referred to 
 England an opmion was given in these words : 
 
 " I have heard "bject..ir>ns rlruwri from the style of this 
 Act, ' It is enacted by iho hing-.s Most Excellent Ma- 
 jesty,' &c., but I think this objection of little weight. The 
 King is here named in liis Royal and Politic capacity, 
 which at the tin)e of making tlie Act it was to this pur- 
 pose residing in his Governor, who there enjoyed and 
 exercised the functions of it in this province, and the 
 personal assent was not necessary to the Act." * 
 
 Under the strict reading of the Constitution, 
 and in view of the authorities, it would seem, 
 however, that the use of the Queen's name is 
 unautliorized in Acts in the Local Legislatures. 
 
 " The Queen" says Mr. Justice Gwynne, 
 forms no part of the Provincial Legislatures, 
 as she does of the Dominion Parliament. * * 
 The use of Her Majesty's name by these 
 Provincial Authorities is by the Act confined to 
 the summoning and calling together the Legis- 
 latures ; and singularly as it seems, this is by the 
 82nd Section, rather by accident I apprehend, 
 than design, confined to the Lieutenant-Gover- 
 nors of Ontario and Quebec. 
 
 * Clmlmer's Oi>iuion8. 
 
 
Manual of Government in Canada. 123 
 
 By the 91st Section it is declared that the 
 Acts of the Dominion Padiament shall be made 
 by the Queen, by and with the advice of the 
 S'.'nate and Commons, treating the Queen herself 
 as an integral part of the Parliament ; whilst the 
 92nd Section enacts that the " Legislatures" of 
 the respective Provinces, that is, the Lieutenant- 
 Governor and the Legislative Assembly in 
 Provinces having but one House, and the 
 Lieutenant-Governor and the Legislative Council 
 and Assembly in Provinces having two Houses, 
 shall make laws in relation to matters coming 
 within certain enumerated classes of subjects, to 
 which their jurisdiction is limited. Nothing can 
 be plainer, as it seems to me, than that the 
 several Provinces are subordinate to the Do- 
 minion Government ; and that the Queen is no 
 party to the laws made by those Local Legis- 
 latures, and that no Act of any such Legislatures 
 can in any manner impair or affect Her 
 Majesty's right to the exclusive exercise of all 
 Her prerogative powers, which she continues to 
 enjoy untrammeled, except in so far as we are 
 obliged to hold that, by the express terms of the 
 British North America Act, or by irresistible 
 inference from what is there expressed, she has 
 by that Act consented to be divested of any 
 part of such prerogative."* 
 
 * Lenoir vs. Ritcliio, in tlie iSupreiiif Court, not yet reported. The 
 foregoing parts of tliis chapter were in type before this Judgment of Mr. 
 Justice Owynne, appeared iu the Catinda Iahv Juurntil. 
 
▼ 
 
 T 
 
 CHAPTER XXV. 
 
 THE LIKUTEXANT fiOVEUXORS. 
 
 Under the Federal system of Government in 
 Canada the chief executive officers in the Pro- 
 vince are now inemhers of the Civil Service of 
 Canada, and not as formerly, members of the 
 Civil Service of England. They are neither 
 appointed nor removed by the Crown, but by the 
 Governor-General of Canada, as will be referred 
 to presently. They are Lo il not Imperial 
 officers. The Lieutenant-Governor is head of 
 the Legislature, or rather the Legislature is 
 composed of a Lieutanant-Governor and a House 
 of Assembly, either with or without a Legislative 
 Council. He is essential to the Legislature, and 
 is Chief of the Executive in the Provinces. His 
 assent to all Bills in behalf of the Governor- 
 General is necessarv before thev become law: 
 and he has a negative voice, probably the same 
 as the Crown, in all Legislative Acts. He is the 
 Chief Executive Officer in the Provinces, as has 
 been said ; but the Executive Authority of and 
 over the Province is not vested in him. It is, 
 no doubt, vested in the Queen, in whom " the 
 Executive Government and authorit}' of and over 
 Canada is continued and vested." 
 
 The Governor in Council appoints a Lieuten- 
 ant-Governor for each Province, and determines 
 
 ! 
 
Manual of Government in Canada. 125 
 
 
 the lenjjth of his official existtmee, which is 
 usually live years. He cannot he removed 
 within that period without cause assigned. This 
 cause is to he communicated to him in writing 
 within one month after the order for his removal 
 is made ; and shall he communicated hy message 
 to the Senate and to the House of Commons 
 within on(> week thereafter, if the Parliament is 
 then sitting; and if not, then within one week 
 after the commencement of the next session of 
 the Parliament. The Senate and Commons 
 must he the judges as to sufficiency of the cause 
 alleged. It a])pears that it is sufficient for the 
 Ministry at Ottawa that Parliament has passed 
 a censure on his conduct. Whenever it is felt 
 hy the Dominion Government that it is for the 
 puhlic interest he should he displaced, then he 
 is and ought to he removahle. He has no vested 
 right to his o|iice for the full term ; nor does he 
 hold office during good behavior, like our Judges.* 
 He is answerable to the Governor in Council, 
 just the same as that officer is answerable to the 
 Imperial Government ; and the Administration 
 of the day must take the responsibility of his 
 removal precisely the same as of an}' other 
 Administrative act. The cause may he insuffi- 
 cient or unreasonable ; but when the cause is 
 assigned for his removal, and the Parliament 
 
 * Sir Jolui A. Mactlouald'd ineinurunduni to the Govcruor (junoral in 
 the Letfllier case. 
 
T 
 
 12G Mdiuial of Government in Canada. 
 
 expresses itself thereon, the Constitutional powers 
 of the Governor-CTeneral to dismiss a Lieuten- 
 ant-Governor of the Provinces cannot be ques- 
 tioned. 
 
 So far as to appointment and removal. 
 
 In order to give some definite limits, probably 
 to the powers, authorities and functions of a 
 Lieutenant-Governor, a clause was enacted as to 
 these officials in Ontario and Que])ec almost iden- 
 tical with that delinin<4 the powers of the Gov- 
 ernor-General himself, which has been referred to 
 heretofore. The present Lieutenant-Governors of 
 Ontario and (j)uebec have, therefore, such powers, 
 authorities and functions as continue in exist- 
 ence now, or are capable of being exercised under 
 our altered circumstances as our former Govern- 
 ors or Lieutenant Governors had. They are not 
 the Queen's deputies or representatives — they are 
 not appointed by or recalled by Hei*. The weight 
 of authority is in favour of saying that no pre- 
 rogative rights of the Crown vest in them, except 
 such as are conferred by the Act of 18G7, and that 
 they have no right to deal with matters of Pre- 
 rogative. The effect of Earl Kimberley's leply to 
 the Dominion Government in the Queen's Coun- 
 sel case, 1872, would indicate that the powers of 
 a Lieutenant-Governor since 1867 are not so 
 great as they were formerl3^ He says : 
 
 '* The Governor-Generiil lias now power as Her Majes- 
 ty's representative to appoint Queen's Counsel, but that 
 
 ir; 
 
Manual of Government in Canada. 127 
 
 a Lieutenant-dovernor appointed since the Tnion camo 
 into effect (ISOT) has no siu'h power of iipj)ointment."'= 
 
 In 1875 the Secretary of State for the colonies 
 wrote : 
 
 " The Lieutenant-Governors of the Pi'ovinees of the 
 Dominion, liowever important locally their functions may 
 be, are a i)art of the < 'olonial administration staff, and are 
 more immediately responsible to the Governor-General 
 in Council. They do not hold commissions fiom tlie 
 Crown ; and neither in powt^r nor privil<'<:c! resemble 
 these Governors of Colonies, to whom after special t;on 
 sideration of their fitness, the t^ueen under the great 
 seal and her own hand and signet ilelogates portions of 
 her prerogatives, and issues Her own instructions." 
 
 Sir John A. Macdonakl, in his report as to 
 Marriage j^icenses in 18G9, speaking of Lieu- 
 tenant-Governors, says: • 
 
 " They do not hold their appointment directly from 
 the Queen, but are appointed by the Governor-General 
 in Council pui-suant to the ">8th Section of the Act. 
 Their powers are simply those conferred on them by 
 Statute, and they have no right to deal with matters of 
 prerogative as rejjresentative of the Soveieign.'' 
 
 The Hon. Mr. Fournier, Minister of Justice, 
 was of opinion that neither the Lieutenant- 
 Governor nor a Provincial Legislature has any 
 power under the Statute to deal with the prero- 
 gatives of the Crown ; and not being empowered 
 to assent in the Queen's name to an}- law of a 
 Provincial Legislature, he cannot hind Her 
 
 * The lOntrlii-li Law officers of the Crown were of opiiiir)!! in tliiH I'jiso 
 that tlie Legislature of a I'rovincc can confer by Statuti' on its Jjieiiteiiant- 
 (iovernor tin- ixiwer of ajipoiiitinf^ (Queen's ("<uinsiel. Jn Lenoir va. 
 Kitchie in the Supreme Court (not yet reported) there arc rf/(7(( to the con- 
 trary. 
 
128 Manual of (Jovernment in Canada. 
 
 Majesty's prerogative right. Tho members of 
 the Supreme Court appear to be of this opinion.* 
 As to the Lieutenant-Governors of the Pro- 
 vinces, except Ontario and Quebec, the Act 
 defines nothing as to their povi'ers, authorities 
 and functions beyond the reccmimendation as 
 to money votes, and provisions as to assent, 
 disallowance and reservation of Bills, which are 
 the same as the provisions for the other Lieu- 
 tenant-Governors. 
 
 * III tlie rcpiirtof Mr. .lusticc (iwyinn-'d Jiidgiiicnt in Lenoir c.s-. Kitcliic 
 Just come to liainl, tin; Icanu'd Jiidiro uses thin laiiK<i;iue in refcreiicf to 
 the i)ositioii of a LifUtenant-Ctoveruor : "Tin' licail of tliejr Kxccutivo 
 (roviTiiiiifUt is not nn ottieer a|il'ointc<l by htr Majesty, or holding any 
 coinniissidii from licr, or in any manner personally reiiresenting her, but 
 an otlicer of tlie Duniinion (lovernnient appointed by the (Jovernor-(ren- 
 eral acting iiiuler tlie advice of a t'ouncil, which the Act constitutes tlie 
 Privy Council of the Ooininioii." 
 
 • • 
 
CHAPTKl: XXYT. 
 
 --» 
 
 
 • • 
 
 THK 1>H<)VIN( lAI- l,K(ilST.ATLUK!S. 
 
 Thr Lcgisliiture in eiich Province is composed 
 of a Lieutenjint-(fOvefrior and Lu<:»i.sliitive As- 
 sembly, and in some of the Provinces a Legis- 
 lativi' Council as well as an Assembly. 
 
 The powers of the J^egislature are con lined to a 
 certain prescribed set of subjects, and need not 
 be adverted to again.* The 2>rocedure in legis- 
 lating is almost as intricate and elaborate as in 
 the Parliament at Ottawa, from whieli it is 
 necessarily copied. In those Provinces which 
 have no Legislative Council, the Hills have of 
 course to pass through their usual stages in one 
 House only. The provisions relating to the 
 election of a Speaker originally, and on 
 vacancies, the duties of the Speaker, the absence 
 of the Speaker, the quorum, and the mode of 
 voting, are the same in the Ontario and (Quebec 
 Legislatures as in the Canadian House of 
 Commons. The Legislatures of New Bruns- 
 wick and Nova Scotia were, subject to the 
 Provisions of the Act, left as they were before 
 18G7. The same aj)plies to Prince Edward 
 Island and British Columbia, both of which 
 had Legislatures before their admission into the 
 
 * See chapter on the I'owera of I'arliaiuent. 
 'J 
 
Tf 
 
 i 
 P i 
 
 -J 
 
 l\ '' 
 
 130 Manual of Government in Canada. 
 
 Union. All the Provinces have power over their 
 OAvn Constitution, except as regards the office of 
 the Lieutenant-Governor. 
 
 The provisions in the Act relating to Appro- 
 priations and Tax Bills, the recommendation of 
 money votes, the assent, allowance and reserva- 
 tion of Bills, apply to all the Provinces substitut- 
 ing the Lieutenant-Governor for Governor- 
 General, and the Governor-General for the Queen. 
 The Lieutenant-Governors, on a Bill being 
 presented to them, shall, according to their 
 discretion, but subject to the provisions of the 
 Act, declare that they assent thereto in the 
 Governor-General's name, or that they withhold 
 the Governor-General's assent, or that they 
 reserve the Bill for the signilication of the Gov- 
 ernor-General's pleasure." 
 
 A Bill reserved by the Lieutenant-Governor 
 for the signilication of the pleasure of the Gov- 
 ernor-General in Council shall not have any 
 force unless and until within one year from the 
 day on which it was presen ■ to the Lieutenant- 
 Governor for the assent of .le Governor-General, 
 the Lieutenant-Governor signifies by speech or 
 message to the House or Houses of his Legisla- 
 ture, or by proclamation, that it has received tlie 
 assent of the Governor-General in Coui.ril Bills 
 assented to by the Lieutenant-Governor may be 
 
 * Does till' coiiftnu'tion of tlic hUi\\ Soc. (if the Act, as inti'vpretoil by 
 till' iiiitl), riiiitciniiliiti' iiistriK'tidiis IVoi:: tlii' tiovernor-Uc'iieral to the 
 Lioutf'iunit-(.iov(Miiovs on tliose iioiiits'r 
 
 • i 
 
Manual of Government in Canada. 131 
 
 
 annulled by the Governor-General in Council 
 within one year after an authentic copy of the 
 Act has been sent to liira. 
 
 The Governor in Council in the Dominion Par- 
 liament is said on very high authority to have the 
 same controlling power over the Provincial Legis- 
 latures that the Imperial Parliament has over 
 the Dominion. The extent of Provincial subordi- 
 nation, however, is not to be misunderstood. 
 Both the Provinces and the Dominion have their 
 0W1 detined, ascertained limits ; and so long as 
 they keep within these they can constitutionally 
 enact what laws tliey please without reference 
 to each other. 
 
 The two jurisdictions cover the same territory, 
 but they embrace ditlVi-ent objects. There are 
 two checks on tlie Provinces — the Courts and the 
 disallowing power of the Governor-General in 
 Council. The power of disallowing Provincial 
 Acts rests with the Central and not with the Im- 
 perial Government, as in the case of disallowing 
 Dominion Acts ; but this will always be con- 
 sidered a harsh exercise of power unless in cases 
 of great and manifest necessity, or where the Act 
 is so clearly beyond the powers of the Local 
 Legislature that the propriety of interfering 
 would at once be recognized. '^ It will always be 
 very difficult for the i^'ederal (Tovernment to sub- 
 stitute its opinion instead of that of the Legisla- 
 tive Assemblies in regard to matters witliintlieir 
 
 * Per e. J. Kicliards, in Si'veru iw. tlio (jut^^'H) ^ S. C l{e[)orts, U(>. 
 
i : 
 
 4" 
 
 
 I 
 
 132 Manual of Government in Canada. 
 
 Provinces without exposing itself to be reproached 
 with threatening the independence of the Pro- 
 vinces.* 
 
 The powers of the Courts are ones to be 
 exercised with the most deliberate caution. 
 Unless it is clear that the Legislature has 
 transcended its authority, the Courts will not 
 interfere. No Court can pronounce any x\ct of 
 its Legislature void for any supposed inequality 
 or injustice in its operation, provided it be on a 
 subject matter purely within the scope of 
 Legislative authority, and the provisions of the 
 law in general.! It is the duty of the Judiciary, 
 as the appropriate means of securing to the 
 people safety from Legislative aggression, to 
 annul all Legislative action without the pale of 
 our w'ritten Constitution. In matters of conflict 
 between the powers of the Local and Central 
 Legislatures, the position of the Judiciary is not 
 that of a subordinate, but of a co-ordinate 
 branch of the Government ; and it must declare 
 every Act of the Legislature wdiich is repugnant 
 to the Constitution to be absolutely void. This 
 power is not coiiliued to any particular Court, 
 but extends to all, both Dominion and Provincial. 
 The language of Mr. Justice Story, as applied to 
 
 his own country, no doubt applies equally here : 
 " The right of all Courts, State and National, to 
 declare Unconstitutional laws void, seems settled beyond 
 the reach of Judicial Controversy " 
 
 * Mr. Justice Fournier, in Sevurii vs. thu (^ueeii, 2 S. C. Reports. 
 
 t Si'd^^wick on (Constitutional Law, and see Mc(3ullough vs. the State of 
 Maryland — 4 Wheatou. 
 
, Manual of Government in Canada. 133 
 
 They are the custodians of the Constitutions, 
 the final depositories of power in this regard. 
 They are to execute what is the hiw of the land, 
 and it is no concern of theirs by or under what 
 authority it has been enacted. The Union of 
 the Provinces in 1867 did not in itself effect any 
 alteration in these Courts in this respect. 
 
 It may be remarked here that these Courts 
 are also bound to execute all laws in force in the 
 Dominion, whether they are enacted by the 
 Parliament of the Dominion or by the Local 
 Legislatures.-'^ The Provincial Courts are no 
 mere Local Courts for the administration of the 
 Laws passed })y the Local Legislatures of the 
 Provinces in which they are organized. 
 
 * See the Montmorency Klootion ("use. S. ('.. not yet re])orteZ 
 
CHAPTEE XXVII. 
 
 il \ 
 
 1 M 
 
 'r J 
 
 THE PRftVIXCK OF OXTARIO. 
 
 The Lieutenant-Governor and the Legislative 
 Assembly of Ontario form the Legislature of that 
 Province. 
 
 The Lieutenant-Governor is appointed by the 
 Governor-General in Council, and holds oJBQce for 
 five vears, unless sooner removed for cause 
 assigned. He is the Chief Officer of the Executive 
 in the Provinces and the Head of the Legislature. 
 The Provincial Legislatures have no power over 
 him or his office, although in theory he may be 
 supposed to act only upon their advice. He is a 
 corporation sole, and may appoint a Deputy for 
 certain purposes, such as executing Marriage 
 Licenses, money warrants, and commissions 
 under any Provincial Statute. He nominates 
 as Executive Council of the Province such 
 persons as he thinks fit, in number not to 
 exceed six. In his absence, illness, or other 
 inabilitj', the Governor-General may appoint an 
 Administrator to execute his office and functions. 
 He summons and calls together the Legislature 
 in the Queen's name, and may dissolve the same 
 within the four vears of its duration. 
 
 The Assembl^'Jis now composed of eighty-eight 
 members ; and for the purposes of representa- 
 tion the Province is divided up into this number 
 
Manual of Government in Canada. 
 
 135 
 
 of Electoral Districts or Ridings. These do not 
 correspond to the Electoral Districts in Ontario 
 which send members of Parliament to the House 
 of Commons at Ottawa ; and, again, neither of 
 these divisions corresponds with the Division of 
 the Province into Counties for ^lunicipal or 
 Judicial purposes. Every County is a County 
 for Municipal purposes (to be noticed hereafter), 
 and sends at least one member to the Local and 
 Federal houses : l)ut sometimes two or more 
 Counties are united for Judicial purposes. 
 
 Members of the Local Legislature require no 
 real property qualification, and are elected for 
 four years. No Senator, Privy Councillor of the 
 Dominion who is a member of the Commons, or 
 any member of the Commons, can hold a seat in 
 this House ; no person accepting or holding any 
 office, commission or employment under the 
 Crown by Provincial or Dominion appointment, 
 and to which office any salary or fee, allowance, 
 or emolument in lieu of salary, is attached, can be 
 a member — except those members of the Execu- 
 tive office who are the leaders of the Government 
 of the Province : and with these exceptions, no 
 person accejjting or holding sucli office, commis- 
 sion or employment of profit as well under Pro- 
 vincial or Dominion aj^pointment, or under any 
 head of a Department in the Provincial Govern- 
 ment, is eligible, no matter whether such [)rotit be 
 payable or not out of the public funds. 
 
 But any Army, Navy, or Militia Officers 
 
■^ 
 
 
 
 ' 
 
 
 I i 
 
 i \ 
 
 \: 
 
 
 \ : 
 
 
 < 
 
 
 ■ 1 
 
 
 ■I 
 
 i ' J 
 
 J 
 
 136 Manual of Government in Canada. 
 
 (except Militia Staff Officers receiving permanent 
 salaries), and any Justice of the Peace, and 
 any Notary Public, may, unless otherwise dis- 
 qualified, be members of the Legislative Assembly. 
 No public contractor is eligible to sit or vote in 
 the House ; and any disqualified person who does 
 so shall forfeit the sum of $2,000 per day for so 
 doing. 
 
 The Executive Council of Ontario is com- 
 posed now of six members, who are appointed 
 under the Great Seal of the Province, and hold 
 office during pleasure. These members are 
 selected from the following offices, some one 
 member always taking two departments : — 
 
 1. Attorney-General for the Province. 
 
 2. A Secretary and Registrar of the Province. 
 
 3. A Treasurer of the Province. ' 
 
 4. A Commissionor of Crown Lands. 
 r ' A u ^ Agricultm-e. 
 '^' \ A " Pubhc Works. 
 G. A Minister of Edncation. 
 
 Any of the powers and duties assigned by law 
 to any of the officers constituting the Executive 
 Council may, by order of the Lieutenant- 
 Governor in Council, be transferred to an}^ of 
 the other officers, by name or otherwise. No 
 member of this Council can sit or vote as a 
 member of the Commons of Canada without 
 forfeiting his office as Councillor. 
 
 The Executive Councillors are the Administra- 
 tion or Ministrv of the Province — the Provincial 
 Privy Council so to speak — and they form the 
 
 
Manual of Government in Canada. 137 
 
 Government of the day. Besides bein<^ the choice 
 of the Lieutenant-Governor they must have the 
 support of a majority in the Legislative Assem- 
 bly. They hold office durinj:^ pleasure of both 
 the Lieutenant-Governor and the Assembly ; but 
 it may be said that the choice of the Assembly 
 will always hereafter guide the Lieutenant-Gov- 
 ernor's choice. He has the undoubtf'l y'^^ht to 
 dissolve the House and to dismiss Ministers hav- 
 ing a majority at their back ; but he does that 
 always at great risk to himself, and probably 
 with serious results to his Province. The pro- 
 cedure and line of conduct of the Local Legisla- 
 tures has been copied so diligentl}* from the Par- 
 liaments of Canada and Great Britain, that in 
 case a Lieutenant-Governor follows the analogous 
 power of the Crown in these places, he will con- 
 tent himself to follow the advice of his respon- 
 sible Ministers rather than attempt to find 
 Ministers supporting his own opinions. They 
 are the choice of the Provincial members and 
 answerable to the people — he is neither answer- 
 able to the Province nor its choice. If it be a 
 question who is to rule on any occasion, the peo- 
 ple affected have no right to complain if the de- 
 termination is left in the liands of their own 
 appointees. 
 
 Assuming, therefore, that Provincial Govern- 
 ment is carried on by its Executive Council 
 advising the Chief Executive Officer, a great 
 portion of what has been said as to change of 
 
■^p 
 
 i 
 
 138 Mantifil of Government in Canada. 
 
 Ministry, Cabinet, &c., in the foregoing chapters 
 applies to the Provincial Constitutions. 
 
 The Departments in Ontario are six, and the 
 duties of their Heads will be noticed presently. 
 The procedure as to Bills, Orders, &c., is as nearly 
 similar to the House of Commons as can be. A 
 Bill here has to pass through the same stages, 
 though onh' through one Assembly, there being 
 no Upper House or Legislative Council in this 
 Province. The Lieutenant-Governor then may 
 assent to a Bill, or dissent from it, or reserve it 
 for the consideration of the Governor-General, 
 as has been already explained. He recommends 
 all money votes, opens, iiroro^^ues, and dissolves 
 the House, issues orders in Council, Procla- 
 mations, Sec. 
 
 The House meets every year at Toronto, and 
 is presided over by a Speaker appointed by the 
 members. Not more than twelve months must 
 intervene between the last sitting in one session 
 and the first sitting in the next session. 
 
 Twenty members in the House are the smallest 
 number capable of transacting business or 
 forming a quorum. The Speaker maybe one of 
 this ninnber. The conduct of business, the rules 
 of debate, tlie regulation and management of 
 the House, questions of proceedings, &c., are 
 regulated by the House ; and in all unprovided 
 cases the rules, usages and forms of the House 
 of Commons in England are followed. The 
 provisions relating to the first election of Speaker, 
 
Manual of Government in Canada. 139 
 
 the absence of the Speaker, quorum, and mode of 
 voting, are the same in the Provincial Legislature 
 of Ontario as in the House of Commons for 
 Canada. 
 
 The House is not organized till the Speaker 
 is chosen ; and there is no vacancy in the office 
 till such Qhoice has been made and the office 
 has been filled, and that in the first meeting of 
 the Assembly after a general election. Before 
 the election of Speaker the Clerk of the House 
 is substituted for the Speaker ; and the Clerk 
 has no casting vote in case of an equality of 
 votes for Speaker. No one can vote in the 
 election of Speaker but a member of the As- 
 sembly, which the Clerk is not. In case the 
 House was equally divided in the election of a 
 Speaker, no one would be appointed.'' 
 
 All laws in force in the late Province of 
 Canada, all Courts of Civil and Criminal Juris- 
 diction, and all legal commissions, powers and 
 authorities, and all officers. Judicial, Adminis- 
 trative and Ministerial, continue in Ontario and 
 the other Provinces, as if the Uniori had not 
 been made, subject, as to Imperial Legislation, 
 to be repealed, abolished or altered by the Par- 
 liament of Canada, or the Legislature of the 
 Provinces, according as they possess the power. 
 
 * Opinion of Hon. J. H. Cameron. 
 
■^SP 
 
 CHAPTER XXVIII. 
 
 KXECUTIVE (lOVintXMKNT IS OXTAKIO. 
 
 Attoknky Gp:ni:kai/s Dei'autmp:nt. 
 
 Therk are no statutory ref^ulations as to the 
 duties of the Attorney-General of Ontario, or the 
 work performed in his office or department. 
 
 He is the Legal adviser of the Crown, and 
 of the Executive Council or Ministry ; and all 
 legislation for the Province is conducted in his 
 name and under his responsibility. 
 
 He appears on behalf of tlic Crown in civil and 
 criminal cases ; and he is the proper officer to en- 
 force criminal laws by prosecution in the Queen's 
 name in Courts of Justice in the Province. The 
 Attorney-General of this Province is the officer of 
 the Crown who must be considered to be present 
 in the Courts of the Province to assert the rights 
 of the Crown and those who are under its pro- 
 tection." 
 
 His duties are somewhat analogous to those of 
 the Minister of Justice at Ottawa ; and he has all 
 the rights, powers, duties, functions, responsi- 
 bilities and authorities which, up to 1867, were 
 vested in or imposed on the Attorney-General or 
 Solicitor General of the Province of Canada by 
 virtue of any Law, Statute, or Ordnance of Up- 
 
 Mr. Justice Strong (as Vice Chancellor) in Attorney-General vs. The 
 Xiiigara Falls Uritipe Conii>any, 20 Chy., 34. 
 
Manual of Government in Canada. 141 
 
 per Canada or Canada, and not repugnant to the 
 Confederation Act of that year. This also ap- 
 plies to the other Executive officers in regard to 
 their respective departments as mentioned here- 
 after, both in Ontario and Quebec. 
 
 2. Provincial Skcuktakv and Rkciistuau's Department 
 This Department is under tlie control of the 
 Provincial Secretary, but no express Statute has 
 constituted it a department. 
 
 Keports on the Asylums, Prisons and Public \ ^ 
 Charities of the Province are returned from this^V ^^^~^^^ 
 Department every year; also reports relating to ' ^ 
 
 Tavern and Shop Licenses. 
 
 The bonds and securities required to be given 
 by Public Officers are registered in the Registrar's 
 Department, and returns made also in regard to 
 them. The other matters upon which returns 
 are made are the following : 
 
 The state of the Fee Fund, the expenses of the 
 Administration of Justice, the number of Mar- 
 riages, Births and Deaths, copies of all returns 
 from the Clerks of the various Municipalities as 
 to the population, real property, assessments, 
 income and expenditure, liabilities, assets and 
 j)roperty of their respective Corporations. A 
 statement of the indebtedness of each Municipal 
 Corporation at the close of the past year is made 
 to the Lieutenant-Governor through the Provin- 
 cial Secretary ; and a return also made to him 
 from the sworn returns of the Clerks of each 
 
T 
 
 !f 
 
 142 Manual of Gnve^-uninit hi Canada. 
 
 • ^fuuicipality of the number of resident ratepayers 
 of the (liflerent Counties and Cities, and such 
 Towns as are separated from Counties. 
 
 ;i. Tin: rnovixciAi. Tkkasikkh's Dki'autmknt. 
 
 All public moneys, from whatever source of 
 -revenue derived, and all moneys forming part 
 of special funds administered by the Provincial 
 Government, are paid in to the credit of the Pro- 
 vincial 'J'reasurer. These revenues form what is 
 called the Consolidated PevenueFund of Ontario; 
 and it is on the strength of the sujiplies of this 
 Fund that the Lieutenant-Clovernor in Council 
 can invest in Dominion Securities or Debentures 
 whenever any surplus is not required for the 
 public use of the I'rovinee. 
 
 The Treasurer of the Province lays every year 
 before the House a Financial statement as to the 
 assets and liabilities of tlie Province. He reports 
 to the Lieutenant-Governor from the sworn re- 
 turns of the Clerk of each Municipality (except 
 County Clerks) as to the number of resident rate- 
 payers and their indebtedness to the Municipal 
 Loan Fund. He also reports as to the taxable 
 propert3^ and the resources and liabilities of each 
 Municipal Corporation. 
 
 The Executive Government has charge of all 
 fees and charges under the Act relating to Law^ 
 Stamps ; and the Provincial Treasurer procures 
 the necessary stamps under the Act, keeps an 
 account of all stamps, sells the same, and allows 
 
 ill 
 
Manual of (iovcrumcnt in Canada. 143 
 
 1 
 
 n 
 
 or may allow a coramisnion of live per cent to 
 those taking more tliau live dollars' worth. 
 
 The Treasurer has also certain statutory du- ^ 
 ties in reference to the Laud tax in Alfronia. p ' 
 
 The moneys arising from the Clergy Keserves ''» 
 form a Separate Fund called " Tlie Ontario 
 Municipalities Fund ;" and are ]rdn\ into the IV^/ 
 vincial Treasurer's Of'lice, and paid out hy him 
 under oTders in Council, or undei* the Act re- 
 specting Clergy lleserves, to the ditferent Munici- 
 palities in Ontario, in proportion to their resident 
 rate-payers, pursuant to the returns already re- 
 ferred to. 
 
 4. 'I'm: T^]:p.\KTMK;?fT ok Crjowx Lands. 
 
 The Conunissioner of Crown Lands presides 
 over this Deparlnient ; and he has the manage- 
 ment and sale of the Public Lands and Forests 
 belonging to the Province. 
 
 An Assistant Commissioner, appointed by the 
 Lieutenant-Governor in Council, has charge of 
 the Department in th(! absence of the Commis- 
 sioner, or when a vacancy occurs in tliat office ; 
 and he performs such duties in the Department' 
 as may be assigned to him by tlie Lieutenant- 
 Governor in Council, or tlie Connnissioner of 
 Cro^ 11 Lands. Other officers may also be 
 appointed in the same manner as tlie Assistant 
 Commissioner. 
 
 The Department and office of the Surveyor- 
 General are now transferred to this Department ; 
 
^-^ 
 
 i' 
 
 (■■ 
 
 f ' 
 
 i: . 
 
 ■ 
 
 \ 
 
 144 Manual of Government in Canada. 
 
 and tliG Commissioner exercises and performs 
 such powers and duties as were assigned to or 
 vested in that officer before the 17th of March, 
 1845. 
 
 The Commissioner of Crown Lands reports to 
 the Legislative Assembly, within ten days after 
 the meeting of the House, the proceedings, 
 transactions and affairs of his office, during the 
 preceding year. 
 
 The lands under the control of this Depart- 
 ment are the Crown Lands, School Lands, 
 Clergy Lands, and Mineral Lands. The Lieu- 
 tenant-Governor in Council fixes the price, 
 the terms and conditions of sale, and of 
 settlement and payment of the Public Lands y'' 
 and the sales and appropriations of water lots, 
 Licenses of occupation, and all assignments and 
 the issui3 and cancellation of patents, are issued, 
 registered and effected by the Commissioner, 
 with other departmental business. He, or his 
 Assistant, may issue Commissions, and may au- 
 thorize those in the employ of the Department to 
 take affidavits in reference to the business of the 
 Department, or regarding which it is interested. 
 He causes lists of patented lands to be forwarded 
 to the different liegistrars in the Province in the 
 month of February in each year ; and also a list 
 of land leased or licensed, or located as Free 
 Grant. He advertises, if he tiiinks lit, lists of 
 Public Lands for sale, and furnishes such otlier 
 information as may be desirable. 
 
 * The Public Laud-s do not incliulo Mineral Lauds. 
 
 I^9^i^.~ 
 
 
ed 
 ;lie 
 ist 
 I'ee 
 of 
 jer 
 
 Manual of Government in Canada. 145 
 
 As to the Free Grant Lands, the Lieutenant- 
 Governor- in Council almost exclusively deals 
 with these. The Act relating to Free Grants and 
 Homesteads does not interfere with t)ie power of 
 the Commissioner to grant number of licenses in 
 these lands ; and any remission made by the 
 Crown to settlers in occupation before 1872 in Free 
 Grant lands may be made through the Commis- 
 sioner in case it is so directed bv Order in Couu- 
 cil. The free grant territory lies within the 
 districts of Algoma and Nipissing, and certain 
 lands lying between the Ottawa river and the 
 Georgian Bay. 
 
 The department looks after all trespasses to 
 Public Lands, and has very full statutory in- 
 structions in regard thereto. It deals with the 
 Mining lands of the Province, subject to such 
 Orders in Council as mav Iv made in reference 
 to them and under the provisions of the General 
 Mining Act. 
 
 When a claim is made as heir, devisee, or 
 assignee of the nominee of the Crown, to the 
 right to a Patent, Special Commissioners are 
 appointed to decide thereon. These form wliat is 
 called the Heir and JJcvisee Commission, which 
 is one of the Courts of Law in Ontario. 
 
 If the patent has issued in error, or tliat the 
 Commissioner has been misled, or for other good 
 cause, the Court of Chancery has power to decree 
 such Patent to be declared void. 
 
 10 
 
 I 
 
V > m 
 
 =9F>^^<»?i°n*v4*i ' .< ■' ' 
 
 li 
 
 : I 
 
 ii \ 
 
 \ T- 
 111 
 
 146 Manual of Government in Canada. 
 
 5. The Department op Agriculture. 
 
 This Department is in charge of the Commis- 
 sioner of Agriculture and Arts, and the office is 
 for the present combined with the Commissioner 
 of Public Works. - wc >,-^^. cv. 
 
 The Bureau of Agriculture and Arts is attached 
 to this Department ; and the Lieutenant-Gover- 
 nor in Council appoints a Secretary, known 
 as the Secretary of the Bureau of Agriculture 
 and Arts, who conducts the Correspondence of 
 the Department and such other business as may 
 be assigned him by the Commissioner. 
 
 The Commissioner substitutes enquiries and 
 collects useful facts and stt^tistics relating to the 
 Agricultural, Mechanical and Manufacturing 
 interests of the Province, and adopts measures 
 for disseminating or publishing the same in such 
 manner and form as he finds best adapted to 
 promote improvement within the Province, and 
 to encourage immigration from other countries. 
 He may appoint persons to inspect the books 
 and accounts of any Society receiving Govern- 
 ment Aid, and may examine witnesses and have 
 documents produced in reference thereto. 
 
 The Societies in connection with the Depart- 
 ment are : The Agricultural and Arts Associa- 
 tion, all Agricultural and Horticultural Societies, 
 and Mechanics' Institutes, the Association of 
 Mechanics' Institutes of Ontario, the Fruit 
 Growers Association of Ontario, the Entomolo- 
 
 
 hi 
 
Manual of Govermmnt in Canada, 147 
 
 )f 
 
 it 
 
 gical Society of Ontario, the Dairymen's Asso- 
 ciation of Ontario, and the Ontario Soijiety of 
 Artists. These make returns to this Department 
 and supply information on questionn submitted 
 to them. 
 
 The Model Farm at Guelph, and a Library 
 and Museum in connection with it, are under the 
 control of the Commissioner ; and a Veterinarj^ 
 College is established under prescribed rules of 
 the Council of the Agricultural and Arts Asso- 
 ciation, which also holds an Annual Provincial 
 Fair or Exhibition. 
 
 The Commissioner reports to the House of 
 Assembly, within 30 days after the opening of the 
 Session, a detailed and succinct report of the 
 proceedings in his Department. 
 
 6. The Dei'aktment of Piblic Work.s. 
 
 This Department ifi p , sided over by the 
 Commissioner of Public Works, appointed by 
 Commission under the Great Seal. 
 
 The other officers, who are appointed by the 
 Lieutenant-Governor, are an Architect, an 
 Engineer, a Secretary, a Law Clerk, an Ac- 
 countant, and such others, whether their 
 appointment be temporary or otherwise, as may 
 be necessary. The duties of the Architect, 
 Engineer, Secretary, Law Clerk, and Accountant, 
 are laid down by Statute. 
 
 The Commissioner has management of the 
 Department ; and it is his duty to oversee and 
 
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 h 
 
 ■h 
 
 148 Manual of Government in Canada. 
 
 direct the other officers and servants ; and be 
 may have other duties also assigned him by 
 the Lieutenant-Governor in Council. 
 
 The Department has control of all land, 
 streams, water-courses, and property, real and 
 personal, heretofore or hereafter acquired for 
 the use of public works ; all canals, locks, dams, 
 hydraulic works, harbour piers, and other works 
 for improving the navigation of any water ; 
 all slides, dams, piers, booms, and other works 
 for facilitating the transmission of timber: all 
 hydraulic powers created by the construction of 
 any public works ; all roads and bridges ; all 
 public buildings ; all railways and rolling stock 
 thereon ; all vessels, dredges, scows, tools, 
 implements and machinery for the improve- 
 ment of navigation ; all drains and drainage 
 works ; and all propert}^ heretofore or hereafter 
 acquired, constructed, repaired, maintained, or 
 improved, at the expense of tlie Province, and 
 not under the control of the Dominion Govern- 
 ment. These are declared to be vested in Her 
 Majesty, and under the control of this Depart- 
 ment. 
 
 Any other property, and an}' of these works, 
 roads, Oirc, purchased or constructed at the jmb- 
 lic expense, may, by Proclamation of the Lieu- 
 tenant Governor, be vested in Her Majesty, and 
 subject to this Department. 
 
 Any property not required for the use of the 
 Public Works, may be leased or sold, under the 
 
 !i%i>^- 
 
Manual of Govertiment in Canada. 149 
 
 d 
 
 authority of the Lieutenant-Governor ; and for 
 the purposes of the Department the Commis- 
 sioner may acquire and take possession of any 
 land or real estate, streams, waters, water 
 courses, fences and walls, for specified purposes 
 and under certain restrictions. 
 
 He has also the necessary powers as to drain- 
 age of land, and the construction of slides in 
 mill-dams or embankments ; and he acts under 
 the " Ontario Drainage Act" in reference to 
 drains within Municipalities, on the request of 
 their Councils, as provided by that x\ct. In case 
 any township desire to undertake such work, 
 the Commissioner, after the plans and estimates 
 are submitted to the Department, can report 
 thereon as to the investment of a portion of the 
 Public money in debentures for the construction 
 of such drainage for the benetit of such town- 
 ship. 
 
 All expenses connected with the provisions for 
 preventing riots near PubHc Works are paid 
 through the Commissioner under the statute re- 
 specting riots near Public Works. The sale of 
 liquors near Public Works is prohibited by 
 stringent provisions. 
 
 The Commissioner of Public Works must, with- 
 in tAventy-one days after the commencement of 
 each session, make and submit to the Lieutenant- 
 Governor an annual report on all the works 
 under his control, shewing the state of each work, 
 and the receipts and ex2)euditure thereon, with 
 
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 150 Manual of Government in Canada. 
 
 such further information as may enable the 
 Assembly to Judge of the working of the Depart- 
 ment. 
 
 7. Dkpartmext of Education. 
 
 This Department consists of the Executive 
 Council of the Province, or a Committee out of 
 that number. One of the Executive Council is 
 nominated to the office of Minister of Education 
 by the Lieutenant-Governor. 
 
 The Minister of Education may hold any other 
 office in the Executive Council, and he may be a 
 member of the Legislative Assembly and sit and 
 vote therein. 
 
 This Department supersedes the Council of 
 Public Instruction, which was suspended on the 
 10th of February, 1876 ; and all the duties of that 
 Council are transferred to this Department, with 
 a Minister instead of the Chief Superintendent 
 of Education at its Head. 
 
 The Education Department has certain duties 
 and powers assigned to it. By it is prepared 
 and presented the text books, studies and regu- 
 lations as to High Schools, the regulation, 
 organization, government and discipline of Public 
 Schools, and the classification of schools and 
 teachers. The efficiency of the Normal and 
 Model Schools, the examination and certificates 
 of teachers, the qualifications of inspectors and 
 examiners, and the approval of text, prize and 
 library books, are some of the many duties of the 
 
 I i 
 
 I I 
 
Manual of Government in Canada. 151 
 
 Executive Council, or the Committee appointed 
 out of it as forming the Education Department. 
 
 The Minister has a numher of Statutorj- duties 
 in connection with apportioning the Legislative 
 grants or funds to the different Public and High 
 Schools, and in reference to the general super- 
 intendence of the Normal Schools, the conduct 
 of Teachers, Institutes and regulations in respect 
 of text, library, prize books and other appliances 
 in School. He has large powers in the manage- 
 ment of the Department under the Acts relating 
 to Public and High Schools. 
 
 Schools coming within the range of the 
 Separate Schools Act :ire subject to be inspected 
 by the Minister of Eductaion, and also to such 
 regulations as may be imposed on them from 
 time to time b}^ the Education Department. 
 
 The Minister may also certify regarding any 
 proposed Industrial School in cities, that it is a 
 lit and proper one for the reception of children 
 to be sent there ; and the School shall thereupon 
 be deemed a certified Industrial School. 
 
 The Police Magistrate may send there such 
 children as apparently are under 14 years of 
 age if they are found begging, or receiving 
 alms, or are found wandering without any 
 visible means of support, and having no home, 
 or guardian, or any lawful business, or being 
 destitute, either as an orphan, or one whose 
 parent is imprisoned, or whose parents are so 
 vicious that the> are under no proper control 
 
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 152 Manual of (rovernment hi CaiKuht. 
 
 or education ; or if such children are so un- 
 manageable that the parent or guardians 
 cannot control them. The rules of such School 
 are to be approved of by the Minister. 
 
 In cases in the Division Court, in which School 
 Inspectors, Trustees, Teachers or other persons 
 under these Acts are parties, an appeal is allowed 
 to the Superior Courts of law in Ontario. This 
 exceptional proceeding is for the purpose of 
 securing uniformity of decision in school matters. 
 The Minister has power also to submit a ease to 
 any Judge of tliese Courts for the opinion or 
 decision of the Court therein. 
 
 The Minister of Education reports every year 
 to the Lieutenant-Governor in Council, up to the 
 31st of December, the actual state of the 
 Normal, Model, High and Public Schools, and 
 Collegiate Institutes, showing the Expenditure 
 and sources of revenue, with such statements 
 and suggestions, in reference to the improve- 
 ment of the schools and the school law, and 
 promoting education, as he may deem useful 
 and expedient. 
 
CITAITER XX rX. 
 
 TlIK I'ROVINCK OJ-' (^IKJJKC. 
 
 The Legislature of Quebec consists of a Lieu- 
 tenant-Governor and two Houses styled the 
 Legislative Council of Quebec and the Legisla- 
 tive Assembly of Quebec. 
 
 The Legislative Council is composed of 24 
 members, who were appointed by the first Lieu- 
 tenant-Governor of the Province in the Queen's 
 name bv Instrument under the Great Seal of 
 Quebec. These hold ofltice during life, unless the 
 Legislature otherwise provides, subject to the Act 
 of 1867. Their qualifications are the same as the 
 Quebec Senators. These are different from the 
 qualifications of other Senators in one respect 
 only — that is in this way : Quebec was divided 
 into 24 electoral divisions before Confederation; 
 and each of these sent a Senator to Ottawa, 
 and a Legislative Councillor to Quebec. Each 
 must have his real property qualification in that 
 division, or must be resident therein. The 
 regulations as to vacancies in the place of a 
 Legislative Councillor are the same as apply to 
 Senators ; and vacant seats are filled by the 
 Lieutenant Governor in the same way as the 
 first Councillors were appointed. Questions as 
 to qualifications and vacancies in the Legisla- 
 tive Council are heard and determined by that 
 
 a 
 
■7.^ 
 
 154 Manual of Government in Canada. 
 
 .:v. 
 
 I 
 
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 m 
 
 body. The Lieutenant-Governor appoints their 
 Speaker, and may remove him and appoint 
 another. Ten members, including the Speaker, 
 are a sufficient number to constitute a meeting 
 for the exercise of its powers. The Speaker has 
 a vote ; and when the votes are equal, the motion 
 is declared in the negative. 
 
 Every Legislative Councillor, before taking his 
 seat, must take and subscribe before the Governor- 
 General, or some one authorized by him, the 
 Oath of Allegiance, and the Declaration of Quali- 
 fication, prescribed for Senators as well, and 
 referred to under the chapter in the Senate. 
 
 The Legislative Assembly of Quebec is com- 
 130sed of 65 members, until altered by the 
 Legislature of the Province ; and even then the 
 second and third readings of a Bill for altering 
 the limits of certain electoral divisions cannot 
 be presented to the Lieutenant-Governor for his 
 assent unless with the concurrence of the 
 majority of the members representing all these 
 divisions, and an address presented by the 
 Assembly stating that the Bill has been so 
 passed. Those Electoral Districts of Quebec, 
 specially fixed, are the counties of Pontiac, 
 Ottawa, Argenteuil, Huntington, Missisquoi, 
 Beauce, Shefford, Stanstead, Compton, Wolfe 
 and Richmond, Megantic, and the town of 
 Sherbrooke. 
 
 The seat of Government is at Quebec ; and the 
 Executive Council is composed of the same 
 
ManiKil of Government in Canada. 155 
 
 le 
 le 
 
 officers, and in the same way as in Ontario, 
 except that in Quebec the Speaker of the 
 Legislative Council, and the Solicitor-General 
 are included in the Executive. In Ontario there 
 are no offices for such persons. 
 
 All the other provisions in the Act of 1867 
 relating to the Constitution, Legislative powers, 
 and other matters specified therein, of Quebec 
 are the same as have been set out in regard to 
 Ontario. 
 
 The Judges of the Quebec Courts must be 
 selected from the bar of that Province ; but when 
 the laws relating to property and civil rights in 
 Ontario, Nova Scotia and New Brunswick, are 
 made uniform, the Governor-General may ap- 
 point Judges for these Provinces from any part 
 of them. 
 
 The powers, authorities and functions of the 
 Lieutenant-Governors are the same in both 
 Provinces, except possibly in so far as the Legis- 
 latures of Upper and Lower Canada, prior to 
 1840, may have vested their respective Governors 
 or Lieutenant-Governors with different powers, 
 authorities and functions. The Legislature of 
 Lower Canada was suspended at one time by 
 Imperial Act, which did not happen to Upper 
 Canada ; and this may have caused some slight 
 difference in their statutory powers. 
 
 The Lieutenant-Governor of Quebec may, by 
 Proclamation, constitute Townships in those 
 parts of his Province not alreadj'^ constituted, 
 and fix the metes and bounds thereof. 
 
■7—^ 
 
 156 ]\I((nvcil of (iorcnimcnt hi ('(inada. 
 
 I 
 
 ■ ^ 
 
 The Executive Government, as was seen, is 
 carried on l)y the same number of members as 
 in Ontario, except that they have no Minister of 
 Education; but thev have additional officers in 
 the persons of the Solicitor General and Speaker 
 of the Legislative Council. 
 
 The officers in ciiarge of the Departments in 
 (,)uebec succeed to all powers, duties and 
 functions, ifec, of those officers in the Govern- 
 ment of the late Province of Caujidii, or of Lower 
 Canada, in the same way as the Dei)artmental 
 Officers in Ontario do. The different offices in 
 the Provinces agree in their main points, and are 
 different chiefly in matters of detail ; and it is not 
 considered advisable in the present work to enter 
 into a separate consideration of them. 
 
 • 
 
 11 
 it 
 
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(^HArTKIJ XXX. 
 
 NOVA SCOTIA AM) NKW HHINSWICK. 
 
 The Act of 18()7 iinitin«j; tlio Provinces did 
 not alter tlio Lef^islaturoH of either Nova Scotia 
 or New BruiiHwick. Sul)ject to the Provisions of 
 this Act they continued as they were hefore 
 that date, and remain so until altered under 
 the authority of the Act. The same applies to 
 the Executive power of these Provinces, which 
 was also unchanj^'ed. All the alterations they 
 underwent were, in len;islating only on the pre- 
 scribed class of subjects assigned to the Provinces 
 by such machinery as tiiey always possessed. 
 The mode of appointing the Governors was 
 changed — it thereafter rested with the Governor- 
 General of Canada. Notliing is said as to the 
 powers, authorities and functions of any Lieu- 
 tenant Governor, except those of Ontario and 
 Quebec. All of them reconnnend to their respec- 
 tive Houses, by message, Appropriations and 
 Tax Bills and all money votes. Tiiey can assent 
 to Bills, disallew them, or reserve them for tlie 
 signification of the Governor-General's pleasure. 
 
 These Provinces have the exceptional privilege 
 of appointing Judges to their own Courts of 
 Probate. 
 
 Nova Scotia and New Brunswick, iiko Quebec, 
 have two Houses — a Legislative Council and a 
 
158 Manual of Govermmnt in Canada. 
 
 Legislative Assembly. The Legislative Coun- 
 cil in each Province is composed of 17 members. 
 The House of Assembly in Nova Scotia is com- 
 posed of 37 members, and in New Brunswick of 
 41 members. 
 
 The Executive Council in Nova Scotia is at 
 present composed of nine members, of which 
 only three have Portfolios — that is, the Provin- 
 cial Secretary, the Attorney-General and the 
 Commissioner of Mines and Works. 
 
 In New Brunswick the number of the Execu- 
 tive Council is nine also ; b at here thev have an 
 Attorney-General, a Provincial Secretary and 
 Receiver-General — a Chief Commissioner of the 
 Board of Works, a Surveyor-General, and Presi- 
 dent of the Council. 
 
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 CHAPTER XXXI. 
 
 MANITOBA. ^ ^ A 
 
 e-c- 
 
 
 Three Provinces have been' admitted Tnto the 
 Dominion of Canada since 1867. Of these, in 
 order of time, Manitoba was admitted in 1870, 
 British Columbia in 1871, and Prince Edward 
 Island in 1873. 
 
 The Constitution originally given to lAfanitoba 
 provided for a Lieutenant-Governor and two 
 Houses, as in Quebec ; but in 1876 the Legisla- 
 tive Council was abolished by tbe Local Legisla- 
 
 The Legislative Assembly, which, with the 
 Lieutenant-Governor, now forms the Legislature, 
 IS composed of twenty members, representing the 
 districts into which the Province is divided^ 
 
 The Executive Council is composed of such 
 persons and under such designations as shall 
 seem lit to the Lieutenant-Governor. Tiiese at 
 present consist of four persons— a Treasurer,'a 
 Provincial Secretary, Minister of Public WorkJ, 
 and tbe Attorney-General. 
 
 This Province and the Territories liercafter 
 mentioned were part of Rupert's Land and the 
 North-West Territory before they were admitted 
 mto the Union in 1870. This was effected by 
 Proclamation pursuant to G • ler in Council at 
 Ottawa. The boundary of .Alanitoba was defined 
 
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 ■t 
 
 160 Manual of Government in Canada. 
 
 then, l)ut has been altered since, in 1877, by the 
 Parhdment of Canada, with the consent of the 
 Legishiturc of Manitoba.* All the provisions of 
 the Britisli North America Act which apply to 
 the -whole of the Provinces are aj)plicable to 
 Manitoba as if it had been one of the Provinces 
 oriKinallv united bv that Act. The Act admit- 
 ting tliis Province defines tlie qualification of 
 voters — the duration of the Assembly to be four 
 years, with a yearly session, as in Ontario, and 
 the Seat of Government to be at Fort Garry, or 
 within a miie of that place. 
 
 The provisions regarding the Speaker origin- 
 ally, and on vacancies, the duties of Speaker, the 
 absence of Speaker, and the mode of voting, are 
 the same as in the House of Commons at Ottawa. 
 Canada assumes and defrays a large portion of 
 the expenses of the l^rovince. Almost every 
 year since its admission a number of Acts have 
 been passed in tho Parliament of Canada apply- 
 ing to Manitoba. 
 
 * 4!) Vict. (D) cliiii>. (i. 
 
CHAPTER XXXII. 
 
 mUTISII COLrMllIA. 
 
 This Province was admitted into the Union on 
 the 20th of July, 1871, by Eoyal Proclamation 
 of ti Queen in Council. 
 
 The Constitution of their Legislature is the 
 same as that of Ontario, being composed of a 
 Lif atenant-Governor and one House of Assem- 
 bly. The Executive is at present composed of 
 an Attorney-General and Chief Commissioner of 
 Lands and AVorks, a Provincial Secretary, and 
 Minister of Finance, and a Legislative Assembly 
 of twenty-live members. 
 
 11 
 
 ^31 
 
CHAPTER XXXIII. 
 
 ..ti!..l 
 
 PRINCE EDWAKD ISLAND. 
 
 This Province was admitted into the Union on 
 the 1st of Julv, 1873. 
 
 The Legislature is composed of a Lieutenant- 
 Governor, a Legislative Council of 13 members, 
 and a Legislative Assembly of 33 members — both 
 Houses being elected by the people. 
 
 The Executive Council is composed of the 
 Attorney-General, the Provincial Secretary and 
 Treasurer, and the Commissioner of Public 
 Works, with some other members without 
 departments. 
 
 The terms upon which this Colony was admit- 
 ted are laid down at considerable length in the 
 Order in Council in that behalf. Canada became 
 liable for the debts of the Province, and the 
 Province was entitled to incur a liability of four 
 millions of dollars in view of her isolated and 
 exceptional condition, and as something towards 
 the share other Provinces received from Canada 
 in reference to Eailways and Canals. Tliere 
 being no revenue from Crown Lands in the 
 Province, the Dominion Government agreed to 
 8upply her with about $40,000 per annum in 
 order to purchase lands from large landed 
 proprietors. Canada also pays a large yearly 
 sum towards defraying the expenses of the Local 
 
 BM 
 
Manual of Government in Canada. 163 
 
 Government and Legislature, besides such 
 charges as are incident or appertaining to the 
 general Government and allowed to the other 
 Provinces. 
 
 The Constitution of the Legislative and of the 
 Executive Government remained unchanged ; but 
 all the provisions of the Act of 1867, except those 
 parts which in terms or by reasonable intendment 
 apply to only one Province, or to a part of the 
 Dominion, take effect in Prince Edward Island. 
 
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 11 
 
 CHAPTER XXXIV. 
 
 THE NORTFI-WKST TKRRITOIllKS. 
 
 These Territories are composed of what was 
 formerly " Rupert's Land" and the North-Wes- 
 tern Territory, except such portions as were 
 carved thereout to form the Province of Manitoba. 
 What is called the North -West Territory includes 
 geographically the tract of country lying between 
 Manitoba and British Columbia. The tract of 
 country lying east of Manitoba iind west of 
 Ontario is called the District of Keewatin. 
 
 The Parliament of Canada enacted regulations 
 as to the government and legislation of these 
 Territories.* For the North-West Territory 
 there is a Lieutenant-Governor appointed, as 
 other Lieutenant-Governors are ; and he admin- 
 isters the Government under instructions given 
 him by order in Council or by the Secretary of 
 State for Canada. An Administrator may be 
 appointed during the absence, illness or other 
 inability of the Lieutenant-Governnor. A 
 Council not to exceed six persons is appointed by 
 the Privy Council of Canada to aid in adminis- 
 tering the Government of tlie North-West Terri- 
 tories ; and the seat of Government, at present 
 Battleford, is fixed (and, if necessary, changed) 
 by order in Council also. 
 
 * ;)y Vic. caj). ■»!•; 10 Vic. caii. 7. 
 
Manual of Government in Canada. 165 
 
 The Legislcative Governor uloue, or in Council 
 may, as soon as the Territory is provided with 
 a Legislative Assembly, make such ordinances for 
 the government of his Territories as the Governor 
 in Council may from time to time confer on him 
 provided these are within the limits of legislation 
 under the Act of 18G7. The Dominion Acts in 
 reference to these Territories also lay down 
 regulations as to the formation of electoral dis- 
 tricts, number of members in the Assembly 
 mode of voting, etc. ; and a number of enactments 
 as to property, civil rights, and the administra- 
 tion ot justice. 
 
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 CHAPTER XXXV. 
 
 DISTKICT OF KEEWATIX. 
 
 The district of Keewatin is a portion of the 
 North-west Territories, and was created in 1876. 
 Its western houndary was then defined as lying 
 east of Manitoba and north of the United States, 
 and occupying the tract of land between that 
 Province and Canada in the east and the Hudson 
 Bay Territory.* 
 
 The Governor in Council may detach any 
 portion of this district to the North-West Terri- 
 tories when it appears of public advantage to 
 do so. 
 
 None of the provisions in the Acts respecting 
 the North-West Territory apply to this District, 
 unless, after 1876, reference is made therein to it. 
 
 The Lieutenant-Governor of Manitoba is ex 
 officio Lieutenant-Governor of this district ; and 
 he, with a Council of not less than five or more 
 than ten, administers the affairs of the district. 
 The Council is appointed by the Privy Council 
 at Ottawa ; and all the powers it possesses are 
 derived from Orders in Council there. 
 
 Provisions somewhat similar, and in many 
 instances the same as were set out in the last 
 chapter as to the Government of the North-West 
 Territories, apply to this District ; and ail laws 
 in force in the Territories are to remain in force 
 in the District until otherwise altered.! 
 
 * Sec. 39 Vic, chap. 21 (D), as to boundary, f Sec. 39 Vic, chap. 21 D) 
 
CHAPTKi; XXXVf. 
 
 THE I'KOPLK. 
 
 SiBjKCTs, Aliens, Denizkns. 
 We have hitherto considered tlie rulers, or 
 governing powers, of the people of the Dominion 
 of Canada ; we will now devote a small space to 
 the ruled or governed— the people— whether 
 subjects or aliens.* 
 
 A subject is defined to be one who is under 
 the protection of and owes allegiance to the 
 Sovereign or ruling power in the State. By 
 British subjects are meant such as are born 
 within the dominions of the Crown of England, 
 or under the allegiance of the Queen. 
 
 There are many persons residing within the 
 dominions of the Crown who are not subjects of 
 Her Majesty ; and on the oti^er hand there are 
 many residing in foreign countries who are 
 British subjects. All residents who are not 
 subjects, and all ron-residents not British 
 subjects, are aliens. Of the ^ormer class may 
 be mentioned all those who belong to other 
 countries, and who have not renounced their 
 allegiance thereto, or rather who have not taken 
 the oath of allegiance and became naturalized 
 here. Foreign consuj^jind other representa- 
 
 mlSZ'^f^^^i^^^^^ of'-He« as to aliens uT^iTn;;^.- 
 
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 168 M(uin<il of (jovernmcnt in Canada. 
 
 tives of foYe\p,n nations, thougli resicler;, nure, 
 are not British subjects. Nor are those such 
 who are simply domiciled here as travellers or 
 agents. In the same way our consuls and 
 representatives abroad are yet British su])jects, 
 thou[;h non residents ; and so are all British- 
 born subjects who, living abroad, have not re- 
 nounced their British nationality. Children 
 born out of the Dominions of the Crown, whose 
 father and mother were at the time of their 
 birth in allegiance with the Queen, are subjects ; 
 and the children of all natural born subjects, no 
 matter where born, are also subjects of Her 
 Majesty. In other words, the second generation 
 of children from British parents are subjects ; 
 but it is doubtful if this extends to the third 
 generation. If the grand-father by the father's 
 side was a British subject, the grand-children 
 would be British subjects also, according to 
 Blackstone. Out of ten of the most cninent 
 lawyers in England, five were of opinion in a 
 case since Blackstone's time against the right of 
 one whose grand-father had been born out of 
 the British dominions to inherit land in Eng- 
 land ; and the other live were of a contrary 
 opinion. So far as land in Canada is concerned 
 an Alien has the same capacity as a British 
 subject to take by gift, conveyance, descent, 
 devise or otherwise howsoever ; and to hold, 
 possess, enjo3% claim, receive, convey, devise, 
 impart and transmit real estate therein the same 
 
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 ManiKil of (iorernnicut in CniKola. 
 
 KV.) 
 
 as a natural-born or naturalized subject of Her 
 Majesty. 
 
 Tile real estate of aliens in tins country accord- 
 ingly descends or is transmitted tbe same as if 
 owned by a sul)ject. Aliens in Ontario enjoy all 
 tbe ])rivilef?es in regard to Acts relating to Building 
 Societies and Joint Stock Companies for sup- 
 plying cities, towii • and villages witii gas and 
 water. J3ut an alien camiot serve as a juryman 
 in any Court, nor is lie entitled to be the owner 
 of a ]iritish ship. 
 
 Ever}' child born witliin the dominions of the 
 Crown is a British subject for all purposes, and 
 while resident therein cannot by any act of his 
 divest himself of such cliaracter. But a British- 
 born subject, if a subject of another State at 
 the time of his birth (as may be the case with 
 ambassadors' children), can cease to be a British 
 subject by making certain declarations pre- 
 scribed by the Imperial Statutes of 1870 and 
 1872 in reference to these matters. Any subject, 
 if under no disability, may voluntarily become 
 naturalized in a foreign State, and thus cease to 
 be a British subject. This is expatriation. 
 
 An alien may become a British subject by 
 Naturalization and in other ways, 
 
 Every alien-born woman becomes naturabzed 
 by marrying a British natural-born or natural- 
 ized subject. 
 
 Every other alien who comes to reside in the 
 Dominion of Canada with intent to settle therein, 
 
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 170 Manuiil of (ion'mmnit in Canada. 
 
 niul remains for tliree years, can, by taking tlie 
 ^oatlis of residence and allegiance, become a 
 naturalized citizen. 
 
 Tbe following 4vre tbe oatbs of Kesidence and 
 Allef^ianee : 
 
 Oath ok Uksidknck. 
 
 " I. A. B., (Jo swoa;' (or, beiiuj one of the persons al- 
 lowed htj Law to ajfirm in Judicial cases, do affirm) that 
 J have rt'siilocl throe years in tlii i Dominion, with intent 
 to H«'tth' therein, witliout having been diuinj; that time 
 a stated re.si(Jent in any foreign country. So Ijelp me 
 God. ' 
 
 < JVTII OK Am-koianck, 
 
 •*I, A. |{., do sincerely promise and swear [or, heimj 
 oar of the fterson.s alhnred by Law to affirm in judicial 
 cases, do affirm) that 1 will he faithful an<l hear tru«> 
 allegiance to llcr Majesty (Jueen Victoria, as lawful 
 Sovereign of the United Kingdom of (treat Britain and 
 Ireland, and of the Dominion of Canada, d(>i>endent on 
 an<l belonging to the said United Kingdom, an<l that 1 
 will d»?fend her to the utmost of my j»ower against all 
 traitorous conspiracies and attempts whatever which 
 shall be made against ller Person, Crown an<l J)ignity ; 
 and that I will do my utmost endeavour to disclose and 
 make known to llei- Majesty. Her Heirs and Successors, 
 all tr«Misons and traitnrotis (conspiracies and attempts 
 which I shall know to be against Her or any of them ; 
 and all this I do swear without any e(|uivocation, mental 
 evasion, or scciet reservation. So help me(iod." 
 
 Tlio oatbs can be administered by a Judge or 
 Justice of tbe Peace ; and a certificate is granted 
 and filed in (.'ourt, after wbicb, if no objection in 
 sustained as to its validity tbe alien liecomes a 
 Britisb subject as mucb as if be or sbe was 
 
 ^^^ 
 
MuuHtd (if (iovennncnt In CuiKnit. 171 
 
 born in Canada, subject to some exceptionH in 
 tlie Englisli >ct rt'lating to naturalization.* 
 Every alien wlio luul a settled place of abode in 
 either of the Provinces of Ontario, Quebec, Nova 
 Scotia, or New J3runswick, before tlie Ist of 
 July, 1807, and who is still a resident of the 
 same, is deemed to be a British subject for all 
 purposes, provided in the case of males, they take 
 the prescribed oatli of residence. Any person 
 who, being within the JX)minion prior to the 1st 
 of January, 18G8, took the necessary oaths of 
 allegiance and residence also became naturalized. 
 
 There seems to be no diff«'rence between the 
 rights and privileges of a national-born subject 
 and a naturalized subject. In England at one 
 time the latter could not be a I'rivy Councillor 
 or member of Parliament, or hold any of the 
 great ollices of State ; but lit; is now entitled to 
 all political and other rights, powers and privi- 
 leges, and is subject to all obligations to which a 
 natural- born British subject is entitled or subject. 
 In case a naturalized British sui)ject returns to 
 his own country, he loses the charactt-r of British 
 subject unless he renounced his original nation- 
 ality in pursuance of the laws of the State, or in 
 pursuance of a Treaty to that effect. 
 
 Tiie certificate of naturalization granti'd in the 
 United Kingdom confers no rights or privileges 
 upon an alien in Canada.! 
 
 *:i,) Vif. fliup. 14, Inip. Act. 
 
 t Ktirl ('uniarvon's Circiilur l)(<s|>at<-li to the ColcuiicK, Sj-pt., !«"< 
 
172 Manual of Government in Canada, 
 
 ! 
 
 Besides subjects and aliens there is a third 
 class called Denizens, who, by means of letters 
 patent from the Crown, enjoy certain rights of 
 citizenship as long as they remain within the 
 Dominion. It is a sort of middle state between 
 subject and alien. In England a denizen 
 cannot hold any high office of State, and can 
 neither inherit or devise land, and only take by 
 purchase. In Canada, whatever significance the 
 term mav have, a denizen must at least have 
 equal powers and rights as to real estate with a 
 subject ; and he has, no doubt, the additional 
 rights of voting and holding such offices as his 
 patent allows him. The existence of such 
 persons is contemplated at all events, as there 
 is mention made of denizens in some of the 
 Statutes. 
 
 The consideration as to whether any person is 
 a subject or not becomes material in relation to 
 certain oflfences against the Crown. None but a 
 subject can be found guilty of treason ; or rather 
 what is treason in a subject may be no more than 
 a felony in a foreigner. The general law as to 
 what oifencey are to be adjudged treason, as laid 
 down in the 25th year of King Edward III., is 
 the law on the subject here ; and is set c ut in 
 an Act relating to the security of the Crown, 31 
 Vic, cap. 69 (1868) D. 
 
 The regulations as to tiUes and precedence in 
 Canada are inserted here, and may be found 
 useful for reference : 
 
Manual of Government in Canada. 173 
 
 ~\' 
 
 TiTLKS CNUGR CoSKKHKRATlON. 
 
 J. The Governor-General of Canada to be styled "His 
 Excellency." 
 
 2. The Lieutenant GovernorH of the I'rovinces to be 
 styled " His Honor." ^ 
 
 3. The Privy Councillors of Canada to be styled 
 " Honorable," and for life. 
 
 4. Senators of Canada to be "Honorable,'' but only 
 during office, and the Title not to be continued after- 
 wards. 
 
 0. Executive Councillors of the Provincefi to bo styled 
 " Honorable," but only while in office, and the Title not 
 to be continued afterwards. 
 
 6. Legislative Councillors in the Provinces not in future 
 to have that Title ; but gentlemen who were Legislative 
 Councillors at the time of the Tnion, to retain their Title 
 of " Honorable'' for life. 
 
 7. The President of the Legislative Council in the 
 Provinces to bo styletl " Honorable" during office. 
 
 8. The Speakers of the House of Assembly in the 
 Provinces to be siyled " Honorable" during office. 
 
 Table of Piu:("ki)kn('k within the Domixio.v of C'anada. 
 
 1. The Governor-General, or officer administering the 
 Government. 
 
 2. Senior Officer commaiuling Her Majesty's Troops 
 within the Dominion, if of the rank of a ( Jcneral ; and 
 officer c(*mmanding Her Majesty's Naval Forces on the 
 British North Amoriran Station, if of the rank of an 
 Admiral. Their own relative rank to be determined by 
 the Queen's Kegulations on this subject. 
 
 3. The LieutenantGovcrnor of Ontario. 
 
 4. " " Quebec. 
 
 6. " " Nova Scotia. 
 
 6, '« ** New Brunswick. 
 
174 Manual of (iorernment in Cfuuida. 
 
 
 ,M 
 
 fi 
 
 7. Arclihihliops ami BishopH acfor«ling to seniority. 
 JS. Memboi-H of the ('abiii(>t accordin|{ to Heniority. 
 
 9. The Speaker of tlio Senate. 
 
 10. 'I'ho Chief .Justice of the Supreme < "ourt. 
 
 1 1. The Chief .Ju«li-es of the C^iurts of I.aw and £(|uity, 
 in accordanc*' with tlje (hite of tlioir respective Com- 
 misiiions. 
 
 \'2. Members of the Privy Council, not of the Cabinet. 
 
 l;}. General Officers of I lor Majesty's Army serving in 
 the Dominion, and officers of the rank of Admiral in the 
 Hoyal Navy serving on the British North American 
 Station, not being the Chief Command ; the relative 
 rank of sjich officers to be determined by the Queen's 
 ]{egulations. 
 
 14. The Officer commaihling Her Majepcy's Troops in 
 the Dominion, if of the rank of Colonel or inferior rank, 
 and the Officer commanding Her Majesty's Naval Forces 
 on the British North American Station, if of e<juivalent 
 rank ; their relative rank to be ascertained by the 
 Queen's Regulations. 
 
 15. Members of the Senate. 
 
 10. S])eaker of the House of Commons. 
 
 17. Puisne Judges of the Supreme Court in accord 
 ance with the dates ol their respective commissions. 
 
 18. Puisne .Judges of Courts of Ijvw an<l Equity 
 according to seniority. 
 
 19. Members of the House of ''ommons. 
 
 20. Members of the J'Jxecutive Council (I'rovincial) 
 within their Province. 
 
 21. Speaker of the Legislative Council witltin his 
 Province. 
 
 22. Members of the Legislative Council within their 
 Province. 
 
Manual of Govvrnmnt in Canada. 175 
 
 i'.'{. Speaker of the legislative Assembly within his 
 Province. 
 
 24. Members of the Legislative AHHemhly within their 
 Province. 
 
 R«Hire(l Judges of whatev.o- Court take precedenoo 
 next after tin- i)re8ont.Iu(lgi.s of their resj.ective Courts. 
 
 The new regulutioiiH respecting the precedence 
 of naval officers, the subject of salutes, or of the 
 precedence to be given to Li^^utenant-Governors 
 within th'.'ir Provinces or at the Seat of Govern- 
 ment, have not yet been received.* 
 
# 
 
 y 
 
 CHAlTKIi XXXVir. 
 
 KKillTSOKTIlK I'KOI'I.K. 
 1. UkI'UKSKNTATIOX. 
 
 The privilc'^o of t}ikiii{:» part in tlio (iovern- 
 mont of one's country l)y luing reprost iitt'd in 
 Parliament, or representcil in the Legislatures or 
 Municipalities which niak(; our laws, is one; of the 
 most valued rights of a free people. The right 
 of the citizens to have a voice in every matter 
 that affects their liherties is called their Fran- 
 chise. But to have a voice or vote in such mat- 
 ters is not accorded to every hody. Certain 
 (lualitications are necessary, and these (pialilica- 
 tions vary. 
 
 Where every citizen is entitled to vote it is 
 called Universjii Suffrage — voting being the right 
 of suffrage. 
 
 The systtin of representation which prevails 
 in Canada, from the highest delegate of the peo- 
 ple in the Commons down through the Provin- 
 cial and ^lunicipal elections, is hased on divisions 
 of the population ; thougl) territory or certain 
 areas of land are so ct)nnected with this that the 
 latter are represented as well. While it is true 
 that every acre of land is represented, the manner 
 of its being so re[)ri rented is arrived at with 
 regard to the number of people. Numbers 
 of people possessing no land qualitication are 
 
 i 
 
Manual of iitnenumut in Canada. 177 
 
 lit 
 
 repreHcutfd by virtue of the income tax, or, as in 
 Ontario, under the Farmers' Sons Act. Wliile 
 it it is strictly true tliat our system of representa- 
 tion refjjurds both population and territory, the 
 real basis is the i»opuhition. The territory is an 
 accident of the voters, and in itself is not entitled 
 to representation. The third way, or represen- 
 tation by class representation, thouf^h nmch 
 talked of in other countries, cannot be said to 
 enter into the idea of the Canadian or English 
 
 system. 
 
 'i'liK Commons. 
 
 Of the 2()# members in this House, each of 
 the Provinces is represented by their respective 
 members, and each Province is divided up into 
 constituencies or ridings having regard to the 
 population and areas therein. The number of 
 divisions into which the l^rovinces are divided up 
 for electing members to their legislatures is the 
 same as for the Dominion elections in most 
 Provinces ; but the <ne<tH of tliese divisions are 
 generally ditferent. The qualitications of voters 
 are the same in the Provincial and Dominion 
 elections ; so that anv one entitled to vote for a 
 member of his Provii.jial Legislature can vote 
 for a member of the House of Commons in that 
 Province. 
 
 It would be beside the scope of this little work 
 to attempt any exact epitome of tiie (lualitica- 
 tions necessary for voters in the different Pro- 
 vinces, and what offices and positions disqualify 
 
 13 
 
 *►. 
 

 17ft Manunl of (iovermnent in Canmln. 
 
 peiHonH from voting. Sonio rcmiirkH as to 
 Ontario may he dcHirable liowevcr. 
 
 In tlii.s Trovince the perKonH not permitted to 
 vote are : 1. All JndgeH of any of our Courts, and 
 alK'lerlvK of the i'eaee. County Attorneys, ilej^is- 
 trars, Sheriffs, Deputy Sheriffs, and Deputy 
 Clerks of the ('rown. 2. All Agents for the sale 
 of Crown Dands. H. All Othecrs of the Customs 
 of the Dominion, and all OlHieers employed in the 
 colleeti(»n of any duties payable to Her Majesty 
 in the nature of duties of Excise: and I. All 
 Postmasters in Towns and Cities. Any of these 
 persons votinjjj shall forfeit $2. 000, and his vote 
 is mill and void. 5. No lieturniii}; Oflicer. 
 Election Clerk, or paid Election Af^ent, shall be 
 entitled to vote ; hut this does not apply to the 
 Deputy lieturnin^' Otticirs or Poll Clerks, who 
 are paid under the provisions of the Act. 0. 
 Lastly, no woman can vote at anv electron. 
 
 Subject to these exceptions every person bein^ 
 of the full age of '21 y( ars and a suhject of Jlcr 
 Majesty by birth or naturalization, if duly entered 
 in the list of voters to be used at tlie pending 
 election, and if not otherwise by law prevented 
 from voting, is entitled to vote for members for 
 the Legislative Assembly of Ontario. 
 
 1. Jn order to enlilK' a person to be entcrid 
 on the voters' lists, he must be interested in 
 real projnrtii as owner, tenant, or occui)ant, to 
 the extent of J^400 in Cities, S300 in Towns, and 
 jj^200 in incorporated \illages or Townships. If 
 
 A 
 
L 
 
 •a 
 11 
 
 If 
 
 Maiiinil of difrernment in Cunuda. 171' 
 
 he ceiist'8 to liiivi; .such interest he may Htill have 
 a vote, provided his name is entered in the 
 Kevised Assessment lioil, and that he is a resi- 
 dent of the Kieutoral J)istrict. 
 
 In re<^anl to the vahie of the property if vested p 
 in joint owners, if there is sullleient wlien divided ^ 
 to u'lvv eacli a vote, each Inisone ; if not, none of 
 the owners lias a vote. An<i so if three persons 
 in a city are assessed for $1,*2(K), eacii has a vote ; 
 if assessed for ^1,000, none of them can vote. 
 
 2. Persons residing continuously in tlie Local 
 Municipality since the completion of its last 
 Kevised Assessment Itoll, an<l who, heing assessed 
 on an hiromc of S 100 at least, and have paid iheir 
 last year's taxes, are entitled to vote. 
 
 ;j. Fiinmrx' Sous resident on their father's or 
 mother's farm lor twelve months prior to the 
 return of the Assessment lloll, and whoari- rated 
 for an amount sulUcieiit to (jualify them, can 
 vote. ^\ here there are a numher of sons the 
 provisions, as to one or more votinj^, are some 
 what similar as to joint owners of real estate, 
 except tliiit tlie division of the property enures to 
 <]ualifyiiig as many of the i)aities in the order of 
 their ng^o as the value of the property or the 
 numher of the sons will permit of. 
 
 4. All Inilians, or persons part Indian, if duly 
 enfranchised and possessing the same cpialilica- 
 tious as other persons in their electoral districts, 
 are entitled to vote. 
 
 
 r. 
 
 I 
 
 . 
 
180 Manual of Government in Canada. 
 
 6. In Algonm, Parry Sound, and Honio other 
 exceptional places, every male person being 
 twenty-one years of ape. a naturalii'.ed subject 
 and not otherwise disqualiliod, and who, at the 
 time of the election, is the owner of real estate 
 where he tenders his vote, to the value of $200, 
 or who is and has been for the preceding six 
 months a resident householder, is entitled to vote. 
 
 TTho reader is referred to a Manual of Voters' Lista 
 hy Mr. Hodgins, (I. C, lor full information on this sub- 
 ject. 1 
 
ciiAPTKi; xxxvni 
 
 HKillTS OF THK !'KM|'LK — ((n.vnstKlJ.i 
 2. PiHI.H; >f|.:KT!N(JS. 
 
 Public opinion \h froquenti; ^inessod through 
 tlie medium of Puhlic mectin ^k, which, ho long aw 
 they remain orderly, a' privilege'' to dirtcusK 
 almoHt any Hubject. It is th* undoubted right 
 of HubjectH to wieet togcthe'- in a peaceable and 
 orderly manner for the consideration and (Uhcur- 
 sion of matters of public inteiest, or f( •• making 
 known tlieir views to H'.r Majesty or Her lieprt- 
 sentative in tlie ])ominion or in the Provinces, 
 either in approbation or condemnation of Public 
 matters. 
 
 Public meetings, in order to enable them to the 
 recognition of the Law, must be called by certain 
 persons and in a particular way. 
 
 In any city or town, on the requisition of any 
 twelve citizens entitled to vote for members of 
 the Local Legislature, a meeting may be called 
 by the Sh(jriflf or by the Mayor or other Chief 
 Municipal officer, which is a Public meeting 
 under the Act and entitled to the protection 
 accorded to such meeting. The requisitionists 
 must have a property qualilication in the town or 
 city in which the meeting is to be called, and 
 their property must be within the particular 
 district, ward, or parish, whose inhabitants call 
 
« 
 
 'If 
 
 I i 
 
 182 Man Hid of Ooreninifiit I't Ctinadn. 
 
 the meeting. Two resident Justices of the Peace 
 appear uIho to liave the power to call Public 
 nieetin«^s. The notice or summons calling to- 
 gether a Public meeting must issue ten days 
 before the meeting ; must set forth the names of 
 the recjuisitionists, or at least 12 of them ; must 
 state that the meeting is called in conformity 
 with the provisions of the Act : and that the 
 meeting and all persons attending tlie same are 
 to take notice of that fact, and govern themselves 
 accordingly. 
 
 Whoever calls such meeting, at least in Ontario, 
 must remain ; and whether presiding over it or 
 not, help to preserve the peace thereat. Special 
 constables may be appointed, and the military 
 force, if necessarj', brought to his assistance. 
 Should a meeting of 12 or more become dis- 
 orderly the Mayor, Sheriff, Magistrate, Justice of 
 the Peace, or other officer, can read the Procla- 
 mation set out in what is commonly called the 
 Riot Act ; and if, after the lapse of an hour, 
 they do not disperse, he can forcibly break up tie 
 meeting, using the Civil and Military assistance 
 as has been mentioned. Tho original of our Act 
 relating to Riots and Riotous Assemblies was 
 passed in England in the reign of King George 
 I. The Canadian Act is 31 Victoria, cap. 70 
 (1868), and the proclamation to be read before 
 using any violent measures is as follows : 
 
 " Our Sovereign liady the (^uoen chargeth aiul com- 
 inandeth all ))ersons Ikmiij: assembled imme<liately to 
 
 ll 
 
Manual of Government in Canada. 183 
 
 (U.s[)er.se th(imselves, and peaoeaUly to depart to their 
 luibitations or to their huvful businesn, upon the pains 
 contained in the Act respecting Uiot.s and Ixiotous 
 Assembhes. God save the (^ueen." 
 
 Such persons not obe\in<; the command to 
 disperse are guilty of fidony and huble to be 
 imprisoned in the penitentiary for Hfe, or for any 
 term not less than two years, or liable to be 
 otherwise im[)risoned for any term less than two 
 years. 
 
 Powers are given to Justices of the Peace, 
 Sheriffs, Mayors and others, to apprehend tlie 
 offenders who do not disperse within one hour 
 after the Proclamation is read ; and persons 
 engaged in suppressing the riot are justilied even 
 if the death of the rioter ensue from his resist- 
 ance. Any persons opposing with force and 
 arms any peace officer or other engaged in 
 suppressing a riot, or any persons preventing the 
 making of the Proclamation, are guilty of felony 
 and liable to the same punishment as the rioters 
 themselves. 
 
w^ 
 
 w 
 
 I! 
 
 : I 
 
 1 
 
 hi 
 
 CHAPTER XXXIX. 
 
 KKJUTiS OFTHK I'KOPl.K — (Contim r.i.. i 
 "!. PKTITInNS TO PaKI.IAMKXT. 
 
 Petitioxinci i8 another mode of expressing 
 public opinion, and by it persons or classes may 
 be beard in Parliament or elsewhere when they 
 conceive that their views were not fully set out by 
 their representatives. It is about the only way 
 of being heard tiiat is left to those who are not 
 voters. If no channel were left to tlie people, 
 except throuf^h their representatives, it rnay well 
 happen that the minority would never be heard, 
 except in the disorders of riot or revolution. A 
 class may be interfered with, or the Legislation 
 may be too slow or too far in advance of the 
 interests of the people. In these and many 
 other instances petitioning is resorted to. 
 
 Every person, whether an elector or not; can 
 petition to Parliament or to the Local Legisla- 
 ture ; but the petition must be presented by a 
 member of the House, who is responsible that it 
 does not contain impertinent or improper matter. 
 
 Petitions must be fairly written or printed ; 
 and in the Senate three of the petitioners' names 
 must appear on the sheet containing the petition. 
 Petitions from Corj orations must be duly 
 authenticated by their Corporate Seal. Peti- 
 tions signed by persons representing public 
 
Manual of Government in Canada. 185 
 
 meetings are received us from the persons whose 
 names are affixed to the petition. 
 
 A member presenting a petition in the Com- 
 mons must endorse liis name thereon, and 
 confine his remt^rks to a statement of the parties 
 from whom the jietition comes, the nnmber of 
 signatures attached, and the material allegations 
 it contains. Petitions are laid on the table by 
 direction of the Speaker without debate in refer- 
 ence thereto ; but if required, the Clerk may read 
 them, and if they complain of any personal 
 grievance recpiiring an immediate remedy the 
 matter may be at once discussed. There does 
 not appear to be any Canadian Legislation as to 
 petitions to Parliament : but the fact that tho._ 
 presenting them are responsible for their pro- 
 priety, sufficiently insures their being consistent 
 with the dignity of Parliament. It is probable 
 that the English Act for the prevention of 
 Tumultuous petitioning to Parliament is in force 
 in Canada. 
 
T 
 
 I 
 
 I' 
 
 (•HA.PTEK XL. 
 
 KHillTS (»F THI-; I'KOl'Li;.— (CoNTtMKi). > 
 
 Ijbkktv wk thk Pkkss. 
 
 The Press is the greatest means of expressing 
 2)nblic opinion. In Canada its lil)erty is not 
 restrained by any State censorship. Beyond the 
 occasional intervention of aggrieved parties 
 takinj.-; advantage of the hiw of Libel, the press 
 is aUowed to correct itself, and proceeds some- 
 what on the principal that the legal doctrine of 
 set off ma}' be made to work in the matter of 
 abuse and recrimination as well as in more 
 appropriate subjects. 
 
 Libel as a vr'tmi' is governed by a uniform law 
 in the J)oniinion, and is punishable by tine or 
 imprisonment, or both. 
 
 Any person publishing, or threatening to pub- 
 lish, any libel upon any other, or directly or indi- 
 rectly threatening to print or publish, or abstain 
 from so doing, or offers to prevent the same with 
 intent to extort any money or security for money, 
 or anv valuable thing, or with intent to induce 
 any person to confer upon or procure for any 
 person any appointment or office of profft or 
 trust, is guilty of a misdemeanor, and liable to a 
 fine not exceeding $600, or to imprisonment 
 with hard labor for any period less than two 
 years, or liable to both, as the Court may award. 
 
 lii 
 
wBSBSBsmm 
 
 Mnnuiil of' (ioiernment in Canada. 187 
 
 
 Whoever maliciously publislies any defamatory 
 libel, knowing it to be false, may be lined any 
 sum less tlian $4(H), or imprisoned, as in the 
 other cases, or both. Other defamatory libels 
 are punished by imprisonment of one year or 
 less, with a line not exceeding 15>20(). The truth 
 of any libelous matter is no defence, unless it 
 was for the public benefit that it should be pub- 
 lished. 
 
 Libel as a civil action is not uniformly delined, 
 but is left to be determined by the Provincial 
 Legislatures. The punishment then is the 
 amount of damage sup]iosed to be suffered l»y 
 the aggrieved party, which amount is found by a 
 jury, in the criminal actions the jury simply 
 linds whether or not tht> accused is guilty of the 
 charge preferred against him ; in the civil action 
 the jury linds generally if there was a libel ; and 
 if so, what damage was sustained by the plaintiff. 
 
 Besides matters which are brought into Public 
 notice by means of the Press, of Public meetings, 
 and of Petitions, the Governor in Council has the 
 right to institute Commissions of Enquiry into 
 Public matters concerning any matter connected 
 with the good government of Canada, or the con- 
 duct of any part of the Public business. The 
 Commissioners appointed in this way may have 
 conferred on them the power of summoning 
 before them any party or witness, and requiring 
 them to give evidence on oath, or by affirmation, 
 orally or in writing, and to produce all docu- 
 
i> S' 
 
 188 Manual of Government in Canada. 
 
 I 
 
 & 
 
 ments and tilings requisito for ilie full investiga- 
 tion of the matters into which they are appointed 
 to examine. These Commissioners may also 
 have the same power given them as are vested 
 in any Court of Law in Civil cases to compel the 
 attendance of witnesses. 
 
 Similar powers arc given to the Lieutenant- 
 Governor of Ontario, and in some other Provinces, 
 as to Commissions of Enquiry. 
 
 ■' 
 
 if 
 
 \ 
 
 lil 
 
CHAPTKK XLI. 
 
 KKiHTS OF THK I'KdPLK.— iroxTiM ki». 
 
 Loc.vi, Administuativk (Jovkknmknt. 
 
 On much the same principle as the I)ominio» 
 is divided up into Provinces, witli power to each 
 of those to manage their own internal affairs, the 
 Provinces have generally divided themselves into 
 JVfunicipal Corporations, with large powers of 
 directing their own domestic concerns. While 
 the Legislature presides over the Corporations, 
 these latter have certain rights guaranteed to 
 them, and in the exercise of which, witliin legiti- 
 mate limits, they are free to manage their own 
 local affairs. 
 
 The Division of the Canadas into Townships 
 and Counties dates hack a long period. Altera- 
 tions were fre(piently made in Counties for 
 electoral or judicial purposes ; hut as to Municipal 
 Corporations emhracing a certain area few 
 changes appear to have heen made in those 
 counties delinitely hounded in the first Crown 
 Survey. New Townships are fre(|uently added 
 in unsettled districts, and occasiouiilly alterations 
 made. The same a[)plies to Townsiiips. In 
 Ontario certain limits are prescrihed for Villages 
 desiring Incorporation, and the jjopulation must 
 be at least 750 persons. In the same way 
 Towns must have '2,000 and Cities 5,000 inhabi- 
 

 ? .* 
 
 i^ 
 
 9' 
 
 i i 
 
 ■ 
 
 I 
 
 VM) Munudl of GoimiUU'Ht in Cmunht. 
 
 tsiiitK. TIr'Su do not become Incorporatecl by the 
 fiK.-t of baviii.^ so many inliabitants. A Charter 
 of Incorporation is <^ranted them by the Lieu- 
 tenant-Ciovcrnor creating them Cities, Towns or 
 Vilhi^i'S, as tlie case may hv. Until Incorpo- 
 rated tliey l)elong to the County or Township. 
 * The local affairs of these different Corpora- 
 tions are managed ))v a Council, wliich is the 
 Municipal Le^ishitun^ and the limit of their 
 enactments ; or Hy-hiws are prescribed by the 
 Acts of the Local Legislature relating to Muni- 
 cipal Corporations. These By-hiws are very 
 comprehensive, and in Ontario include the 
 obtaining of such refil and pei sonal i)roi)erty for 
 the use of the Corporation as it may require, 
 the appointnunt of necessary officers aiding 
 agricultural or other kindred societies or incor- 
 porated mechanics' institutes, aiding manufac- 
 turing establishments, road companies, and also 
 charities and indigent persons, taking the census 
 of their municipality, regulating the driving on 
 roads and bridges, the egress from public build- 
 ings, and very extensiv(> powers as to drainage. 
 They can ini]iose fines up to $50 for neglect of 
 duty or breach of these By-laws, and mav dis- 
 train and sell the goods of the offender, and if 
 necessary inliict reasonable jiunishment by im- 
 ])ri^oumtnt not exceeding 'Jl days. 
 
 The power of each of the different Municipal 
 (Corporations of cities, counties, towns and 
 townships are very minutely set out in the Acts 
 
* 
 
 ? 
 
 Matiual of Govern nieut in Cnnmla, 191 
 
 relating? to Municipal Institutions. The ditiVront 
 Municipal Corporations are composed of Alder- 
 men or Councillors or ileeves and tlieir Deputies, 
 with a presiding officer who is the Mayor, 
 Warden or Reeve as the ease may be. These 
 bodies form tlur Local Administration of tlieir 
 Municipalities, are elected for one year at a time, 
 and must have certain property (jualilications. 
 They have certain specilied j)ow.'rs, a regular 
 system of procedure, and an Executive in some 
 cases. They are restrained by the Superior 
 Courts when these By-laws are in excess of 
 their powers, and these Courts compel tliem to 
 exercise their jiowers in proper cases if they 
 refuse to do so. The Provincial Legislatures 
 grant them their powers, but commit the proper 
 execution of them to the controlling care of the 
 Courts. 
 
 1 
 
'^ 
 
 
 if 
 
 f» 
 
 i 
 
 ii 
 
 ciiArTi<:i{ XLir. 
 
 TIIK .M'DK'IAKY. 
 La« AM) TIIK CoiKTS. 
 
 Thk people of the Dominion have abundant 
 Legislative machinery. Three Legishitures con- 
 tribute more or less to regulate our internal 
 economy or external relations. Tlie boundaries 
 of Imperial, Dominion, and Provincial Legisla- 
 tion have been adverted to before. Regarding 
 the specific subjects assigned to the Canadian 
 Legislatures by the British North America Act, 
 it would seem that the Imperial Legit-lature has 
 renounced its right to interfere in these matters. 
 There is Imperial as well as Colonial authority 
 for this position. The line of demarcation 
 separating our law-making powers would ap- 
 parently then be well dethied, and the law on each 
 class of subjt'cts may be confidently looked for 
 in one direction onlv. 
 
 So far as to statutory law since 1807. 
 
 Tlie Statute books before that in the various 
 Provinces must next be considered. These form an 
 important source, as well for tlie laws they initiate 
 as for those they introduce. Again, what is 
 known as the Common or the Unwritten law of 
 England was largely imported into all parts of 
 the Dominion, in virtue not only of British sub- 
 
 
 ^^ 
 
Mauudl of Government in Canada. 193 
 
 jects brin«inf( part of tin's law with tlicm of 
 necessity, l)ut also hy iiu-aiiH of itsoxpresH intro- 
 duction hy 8tatut<). Tile introduction of Kn«^'lish 
 law in tlicso vjinous ways brouj^'lit with it the 
 decisions of the (\)urts in ^rcat J'>ritain in refer- 
 ence to the same ; and these decisions or pre- 
 cedents are another source of laws. 'J'he intro- 
 duction of the Criminal law of En«;land to the 
 old Province of Quelxc in 1771 introduced all 
 tiiese sources of law at once. 
 
 In tlie Province of Ontario a few references 
 will siiow how extensively the laws of J'hi^dand 
 have been adoitted here. In 17W2 ail the amend- 
 ments made in England to the Criminal law 
 since 177 1 were transferred to Upper Canada ; 
 and in the name year the law as to proj)erty, 
 civil rinrlits, and trial by jury as it then stood, 
 was declared to be the law for the Province. On 
 the establishment of the Court of Chancery, 
 the law of En<,dand, es it stocnl in 1837, regard- 
 ing the English Court of Chancery was, unless 
 otherwise provided, to be in force here ; and the 
 rights, incidents and privileges of the Courts of 
 Common Law in England in 1851J were trans- 
 ferred to our Superior Courts of law. 
 
 The Local Legislatures may delegate to ^funi- 
 cipal or other Corporations the power of making 
 laws. Tliis is effected by the by laws of th(!se 
 bodies, wiiieh arc as much the law of the land as 
 any Legislative Acts ; and as another example, 
 
; ■ t 
 
 ! 
 
 I 
 
 
 
 ;< I 
 
 It 
 
 . i 
 
 li 
 
 194 Manual of Goverumcnt in Canatta. 
 
 may bo mentioned tlio powerB of the GovornorR 
 in Council to promulgate onlern liavinf,' the force 
 of lawH. 
 
 When it is considered that all th<* different 
 sources of the laws, their a[)plieation and their 
 meaning, have to be considered and determined 
 by the Courts, it becomes material to consider 
 the position and jurisdiction of our Judicial 
 tribuinils. This is the more necessary in this 
 country, as it is ap[)reliended that their position 
 is relatively more important than in England, 
 80 far as the construction of Constitutional law 
 is concerned. 
 
 In Great J3ritain tiie Legislature is the chief 
 power in the hind. There being no written 
 Constitution, no plain speaking and inHexihle 
 statute of paramount law, un(b;r which the 
 Government of the country is carried on, the 
 Constitutionality of its Acts cannot be (piestioned 
 by the Courts in the same way as in those 
 countries wherein there is a written Constitution. 
 The Acts of the Legislature form the law, which 
 its Courts must execute without questioning their 
 validity or testing them with the Constitution. 
 The British people speak in each Legislative 
 Enactment ; and their last utterance is the guide 
 for their Courts, who are always subordinate to 
 the Legislature, and who exist solely by their 
 permission. 
 
MtinnnI of Cinrer)nin'ut in (\in(id<i. 
 
 v.)n 
 
 TheHC Imperial eimctnicntH extend at tiiiios to 
 tlie ColonieH : aiultlicre Her >rajeHty'HCourtH are 
 precisely in the sanie position, ho far as tliese 
 enactments are concerned, 'i'liey have the same 
 duties under them as the Jiritish Courts have — 
 to see tliat they are carried out accordin}^ to law. 
 
 An Imperial Statute in 18(37 gave Canada a 
 written and defined Constitution. I'nder this 
 Constitution numerous hodies were endowed with 
 large Legislative powers. All the laws were to 
 be executed by the Courts, but executed so as not 
 to conflict with the Imperial laws, which must, first 
 of all, be executed. Our Courts, therefore, while 
 bound to execute all laws in force, must be the 
 judges as to what laws are in force. A Canadian 
 law which is repugnant to any Imperial enact- 
 ment must be declared void by th«- Courts — a 
 higher than Canadian i)uwrr has said that it is 
 no law at all. Again, the J)ominion I'arliament 
 nniy usurp Provincial rights, or a Province 
 assume to deal witii ])ominion matters; the 
 Courts still sitting under the Constitution, the 
 Imperial enactment must refuse to obey their 
 behests. The Courts in Canada are still the 
 Queen's Courts and bound to execute such law as 
 is in force, but equally bound to declare that 
 the Acts of any of our Legislature.^, when tran- 
 scending their limits, are unconstitutional and 
 void. The Courts, so long as they are permitted 
 to exist, are not the creatures of the Legishiture ; 
 
TOG Mituiial of Goremment iii Canada. 
 
 they are of courne subordinate to constitutional 
 legislation, but they are co-ordinate and in effect 
 superior to that which is not constitutional. 
 
 This being, it is apprehended, the position of 
 our Judiciary in Canada, the laws to be con- 
 sidered necessarily refer to three sources the 
 Imperial, the DominCt and the Provincial. The 
 first must bj obeyed at all events ; the other two 
 must be equally obeyed, provided they are 
 constitutional; and if not, they must be declared 
 void. 
 
 H f 
 
 [a 
 
CHAPTKIJ XLIU. 
 
 (ii;M;i!AL OiKK CHS Ol' llli; I.AW . 
 
 The different rrovinees of the Dominion make 
 their own regnhitions under Lepjishitive authoritj- 
 as to who are and who are not oflieers of their 
 Courts, and their powers, duties and obligations, 
 lieference will here be made to the cliief officers 
 engaged in and about the Courts. 
 
 In Ontario the Treasurer and Benchers of 77/r 
 rniir Societif of [•ppcr (.'funt/ld form a Corpora- 
 tion ; and they and their successors hi office 
 regulate the government of the Society, the 
 appointment of officers, the legal education of 
 students, and the term of studentshi]), and the 
 admission of applicants as ]3arristers at Law or 
 as Attorneys and Solicitors into the Law Society. 
 The Benchers have the appointment of reporters 
 to the Superior Courts, and ffx tlie amount of 
 their salaries. 
 
 No one can practice at the Bar in Her 
 Majesty's Courts of Law or Equity in Ontario 
 unless he has been entered and admitted into 
 the Law Society, under its rules, as a Barrister. 
 
 The Lieutenant-Governor by letters patent 
 under the Great Seal of the Province may 
 appoint from among the members of the Bar 
 Provincial Officers under the name of Her 
 Majesty's Counsel learned in the Law, usually 
 
It 
 
 ; I 
 i I 
 
 I 1 
 
 198 Manual of (iovernment in Canada. 
 
 called Queen's Counsel, who are entitled to hold 
 Court at Assize or nm pr'nis at the request of 
 the presiding Judge or otherwise ; and have 
 certain other rights and privileges as to pro- 
 cedure in Court, &c.* 
 
 Tlie Attorney-General for the Dominion ranks 
 first in precedence in the Ontario Bar, then the 
 Attorney-General for the Province, then previous 
 Attorney-Generals according to sen^'ority of ap- 
 pointment. After these Solicitor-Generals and 
 such Queen's Counsel as were appointed before 
 Cciifederation, in the same order. Other mem- 
 bers rank in the order of the call to the Bar. 
 
 Attorneys and Solicitors are admitted into 
 the Law Societv under rules somewhat similar 
 as to Barristers, and must not practice with- 
 out paying an annual fee and obtaining a cert'fi- 
 cate. They may be struck off the Roll of any of 
 the Courts by a Superior Court Judge on appli- 
 cation being made in a proper case. It is usual 
 to speak of members of the Legal profession as 
 Attorneys when conducting actions or suits in 
 the Common Law Courts, and Solicitors in the 
 Chancery or Insolvency Courts. In the Mari- 
 time Court they are styled Proctors. The pro- 
 fession of Barrister in Ontario, though not so 
 distinct as in England from the office of Solici- 
 tor or Attorney, is yet separate from the latter. 
 Generally Barristers here are members of both 
 
 * In Lenoir vs. Ritehit", severiil of the Judges in the Supreme Court 
 liolil that flit- Local Legishitures have no power to pass an Act anthoriz- 
 ingthe appointuient of (Queen's Counsel. 
 
Manual of (rorernment in Canada. 190 
 
 professioDH — if indeed there can be said to be two 
 profesHions in the Province. A number of SoU- 
 citorB, however, are not Barristers, and therefore 
 not entitled to plead in Court. On the other 
 hand, a Barrister who is not an Attorney or 
 Solicitor as well, is not privileged to act in any 
 other capacity than that of arguin*; in Court 
 the cases which the Attorneys or Solicitors 
 prepare for him. 
 
 The Judges of the Superior Courts are selected 
 from Barristers of at least ten years standing, 
 '^n other Courts the length of time varies with 
 the Court. 
 
 In Quebec all Advocates, Barristers, Attorneys, 
 Solicitors and Proctors-at-Law, form a Corpora- 
 tion called The Bar of Lower Canada. A certain 
 number of officers of each of the sections into 
 which the Corporation is divided constitutes a 
 Council with powers somewhat analogous to the 
 Law Society of Upper Canada. 
 
 They entertain matters, however, among the 
 members of the profession not dealt with in 
 Ontario by the Law Society, noticeably the pro- 
 nouncing of censures for any breach of discipline 
 or action derogatory to the honor of the Bar 
 through the Bhtonnier. Members may be sus- 
 pended by this officer, subject to approval of the 
 Council. In the two Provinces also there is a 
 great diflterence as regards Notauiks Public. In 
 Quebec these form a separate profession, being 
 divided into a number of bodies corporate under 
 
200 Miutudl of Government in Cunahi. 
 
 Acts very similar to those relating to the Bar of 
 the Province. Their duties not only embrace 
 the certifying and protesting of documents, but 
 includes nearly all of what is understood in 
 English practice by conveyancing. 
 
 In Ontario a Notary Public is appointed by 
 the Lieutenant-Governor, and may protest ]3ill8 
 of Exchange and Promissory Notes ; and may 
 draw, pass, keep and issue all deeds and con- 
 tracts, charter parties, and other mercantile 
 transactions in this Province, may give certifi- 
 cates as to copies of instruments, and has some 
 other undefined duties. They form no profession 
 and are part of none, though the Commission is 
 usually granted to members of the legal profes- 
 sion as of course. 
 
 Any person not a, Barrister or Attorney must, 
 however, pass an examination as to his qualifica- 
 tion for the office before his County Judge, or 
 before some one appointed for that purpose by 
 the Lieutenant-Governor, and produce a certifi- 
 cate that on examination he is found qualified 
 for the office ; and further, that in the examiner's 
 opinion a Notary Public is needed in the place 
 where the applicant intends to carry on business. 
 Under certain Statutes they can administer 
 oaths or affirmations, though usually the Courts 
 of Queen's Bench and Common Pleas appoint 
 Commissioners for taking affidavits for this 
 purpose, who have power within the County in 
 which they reside. 
 
Mi 
 
 Manual of Governmf>it in Cantirht. 
 
 •201 
 
 The Sheriff i8 an officer of the Courts appointed 
 by the Lieutenant-Governor under the (xreat 
 Seal, one for each county, and holds office during? 
 pleasure. This office is one of the oldest and most 
 honorable in the gift of the Crown. Formerly 
 he held a Court for his shire or county, and the 
 word Sheriff' means a Reeve of the Shire. He 
 attended the King's Court and looked after the 
 peace of the county. He is yvi the Chief 
 Executive Officer of the Courts, attends the 
 Judge in circuit, summons the juries, has charge 
 of the gaols, and executes all writs and sentences 
 of the Courts up to the extreme penalty of the 
 law. Where the Sheriff" is personally interested 
 in a case, or where he cannot or will not execute 
 the process of the Court, the writs may be 
 addressed to the principal Coroner of the county. 
 

 I 
 
 (;riAPTKii XLrv. 
 
 BRITISH COLONIAL COI'RT 
 
 'I'm-; JiDit'i Ai, CoMMirrKK ok the Pkivv Coincil. 
 
 This Court is the last resort of a Colonial 
 British subject in appeal from the laws of his 
 own Colony. 
 
 The Privy Council in England is composed of 
 a large number of distinguished persons. Most 
 of the principal Judges, the Speaker of the House 
 of Commons, the Queen's Ambassadors and those 
 formerly holding offices in the Ministry, besides 
 the Archbishops and some Bishops, are members 
 of this body. One distinguished Committee 
 forms the Cabinet ; another, with which only we 
 have to deal with here, forms a Judicial Com- 
 mittee ; and its functions are to decide all matters 
 that can judicially come by appeal or by com- 
 plaint in the nature of appeal before the Queen, 
 or the Queen in Council. On hearing the case 
 argued this Committee report to the Queen in 
 Council their recommendation for her decision. 
 
 This Court is composed of such Privy Coun- 
 cillors as are or were its presidents, Judges of the 
 Chief Courts of Equity and Common Law, the 
 Judges of the Admiralty, of the Prerogative Court 
 of Canterbury, Bishops and Archbishops, two 
 retired East Indian or Colonial Judges, and two 
 others.* 
 
 dox's Dvitish Coiiiinoii wealth. 
 
Mdiuntl ofGovcnnnent in douuhi. 208 
 
 ^ 
 
 ' p 
 
 The Comiiiittee has the ordinary powers of the 
 Superior Courts in En{^'Uind as to witnesses, 
 juries, process, ka. ; and cases may he heard by 
 three of its members and tlie Lord President. 
 The Court holds three sittings in the year, 
 generally in February, June and November, 
 lasting usually six weeks. 
 
 The jurisdiction of the Judicial Committee 
 is divided intr cwo heads — one being where an 
 appeal is allowed by right and the other where 
 leave to appeal is first of all necessary. The 
 Crown may, in Acts of its Colonial Legislatures, 
 shut out the right to appeal — it may abrogate 
 its perogative. Where the right of the Crown 
 is not reserved, or where the fair construction 
 of the Colonial Act is that no appeal will be to 
 the Privy Council, then tlie judgment of a 
 Colonial Court under the provi> ions of such an 
 Act, which was assented to by the Crown, is final. 
 The Crown, by assenting, takes away the right of 
 appeal. 
 
 In the Quebec Controverted Elections Act of 
 1875, the Act states that the judgment of the 
 Court " shall not be susceptible of Appeal;" and 
 an appeal to the Privy Council was refused in a 
 case coming under this Act.'' 
 
 The Canadian Act establishing the Supreme 
 Court at Ottawa in 1875, made its judgments 
 iinal without appeal, saving any 'right which Her 
 Majesty may exercise in virtue of the Royal 
 prerogative. 
 
 * Tliober^f vs. Lundiy, i App. Cas. Vi. 
 
'204 MdiiKdl of (iorcnnnoif in CniKida. 
 
 Lord Cairns, in construing the Section of the 
 Supromo Court Act containing tliese words, lays 
 it down that tlie Judicial Conimittt'c of tlie Privy 
 Council would have no hesitation in a proper 
 case of advising Her Majesty to allow an appeal 
 upon the judgment of this Court. 
 
 'J'he discretion of so allowing an api)eal to be 
 heard would not be exercised where the amount 
 involved was small, and where the issue between 
 the treaties related simply to the legal construc- 
 tion of a particular contract, or where no general 
 j)rinciple was involved, or where no other cases 
 were necessarily affected by the decision com- 
 plained of." 
 
 Appeals lie as a matter of right from the 
 Provinces. 
 
 So far as Colonial cases are concerned it is 
 said that no appeal lies in any case of felony. 
 
 When the last Court is reached in criminal 
 matters the condemned has the right to sue for 
 pardon at the foot of the throne. Formerly the 
 pardoning power was supposed to be or was in 
 reality in the personal discretion of the Governor- 
 CTcneral. 
 
 The instructions as to pardon are now to this 
 effect : 
 
 " The Governor-General is not to i>iir»lon or reprieve 
 any offender who may be tried within the Dominion 
 without first receiving in Capital oases the advice of the 
 Privy Council, and in other cases the advice of at least 
 
 *Johnston is. The Minister ami Trustees of St. AiulreWs Church, 
 Montreal. SApii. Cus. I'llt. 
 
 ■1; 
 
MdHual of Government in Cantuhi. 205 
 
 one minister. And in cases in which such pnrdon or ro- 
 prieve might directly afiect the interests of the Empire, 
 or of any country or phice hoyoud th(> jurisdiction of the 
 Government of tlie Dominion, the said (iov('!nor(ien- 
 eral sliall, before deciding as to eitlier pardon or re])rieve, 
 take these interests specially into his own i)ersonal con- 
 sideration in conjunction with such advice as afore. 
 said."=:= 
 
 Appeals to Her Majesty in Her Privy Council 
 are entertained from the Court of Appeal in 
 Ontario, where the matter in controversy exceeds 
 the sum or value of :5?4, ()()(), and in cases relating 
 to the taking of any annual or other rent, custom- 
 ary or other duty or fee, or any like demand of 
 a general or puhlic nature affecting future rights, 
 no matter wliat the amount in question may be. 
 Beyond these no appeals lie from the Court of 
 Appeal in Ontario to the Judicial Committeq of 
 the Privy Council. 
 
 Security to the amount of $2,000 must be 
 given in these cases. 
 
 All cases of Appeal are commenced by Petition 
 addressed to Her Majesty in Council; and this is 
 the first step in their prosecution. Afterwards 
 certified copies of the record from the Court 
 appealed from are sent to England and deposited 
 in the Council office; and an appearance having 
 been entered by the respondent, each side makes 
 up its own case if it is allowed to be heard. 
 
 Earl Carnarvon, in 1874, intinuited to the 
 Governor-General of Canada that in order to 
 
 * Iiiatructioiis to His Excollcncv the ^NJanjnis of Lome. 
 
i:ll 
 
 h 
 
 li 
 
 l! 
 
 '?! 
 
 *20(» Manual of Government in Canada. 
 
 bring Appeals from the rupremt' Court of 
 Canada, a rctition for that puri)OHe should be 
 brought before the Judicial Committee of the 
 Privy Council, and not transmitted through the 
 Secretary of State to the Queen in Council, in 
 order to obtain leave to appeal. He also intima- 
 ted as the practice that the Petitioner must enter 
 an appearance before any answer is returned by 
 the Judicial Committee in answer to the Petition. 
 The Governor-Cjeneral hereafter is to decline 
 transmitting applications in a private suit to the 
 Secretary of State for the Colonies, but is to 
 inform the Petitioner what steps to take in the 
 matter. The circular dispatch of Earl Carnar- 
 von, though directed to the practice in aj^peals, is 
 an indication that tlie Pioyal Prerogative as to 
 allowing them from Canada would ])e exercised 
 in the recommendation of the Judicial Commit- 
 tee itself. In effect it would seem to be similar 
 to an application to any appellate court for leave 
 to appeal, where such leave is necessary. 
 
 The Judicial Committee has unlimited powers 
 in the way of procedure, and takes no notice of 
 the rules in the Court below as binding upon it. 
 
 The case is argued by senior and junior 
 Counsel, the appellant's Counsel having the right 
 to reply. 
 
 The judgment of the Court is delivered by one 
 Judge only, and need not be unanimous, a 
 majority being suflftcient.* 
 
 * Lattoy'8 Trivy t'ouiuil Practice. 
 
M((tn(((l of (idirrtniH'vt ni (%ni(iiht. '207 
 
 r 
 
 A question Ihib been lately (liKcuHsed in Eng- 
 land whether a diBsenting nieniher of the Com- 
 mittee could declare liiH disHcnt. A greiit deal 
 of learning and historical research were expended 
 on another question out of which this arose, 
 that is, whether or not the Judicial Com- 
 mittee of the Privv Council is a Court at all, or 
 merely a amsultatU'c body. If a Court, then each 
 member would liRve the right to express a dis- 
 senting opinion or judgment ; and if the usages 
 and traditions of the Privy Councils wero to 
 govern, then there could be no dissent, at least 
 in expression." 
 
 The Judgment, after beingdelivered, is reported 
 to the Committee, and submitted to the Queen in 
 Council for approval . The order made thereupon 
 is the last proceeding in the case, and the Judicial 
 rights of the parties determined. 
 
 * Set- Finlayson's Hiftorv of the .liidicial Coiiiiiiittoc oi' the Priv.r 
 Council. 
 
rilAITKU Xr.V. 
 
 I'UMINIOX COUUTS. 
 TlIK SlI'KMMH (\){UT (iK CaVAKA. 
 
 This Court is tlio hi«4lieh:t Court of Appeal 
 within Cauiulii, jiiul entertains appeals within 
 and throughout tlie J)()niinion from the last 
 Court of resort in the; Provinees. By leave, 
 however, it may hear an ai)i)eal from any decree, 
 decretal, or order made hy a Court of Equity, 
 or in an E(piity proceeding or any final 
 judgment of the Superior Courts, other than 
 those of (^)ufbec, without intermediate appeal to 
 such last Provincial Court, providing the case 
 originally commenced in such Superior Court. 
 In certain cases in election petitions an appeal in 
 the same way will lie to this Court. In Equity 
 cases, and in proceedings in the nature of equity* 
 an appeal will lie to this Court, even from orders 
 made in the exer'-ise of Judicial discretion. 
 
 The intention of the Act establishing the 
 Supreme and Exchequer Courts is that all 
 orders, decretal orders, decrees and decisions of 
 any Superior Court made in any such cause, 
 matter or other judicial proceeding in Equity, or 
 in any action, cause, suit, matter or other judi- 
 cial proceeding in the nature of a suit or pro- 
 ceeding in Equity, are and always have been 
 proper subjects of aj^peal to this Court. 
 
 I 
 
Manual of Government in Canada. 209 
 
 ■9 
 
 4 
 
 f- 
 
 In (j)iu'l)ec cases, the appeal must always come 
 from the Court of (Queen's Bench ; and the matter 
 in controversy must be at least $2, 000, unless 
 it involves the validity of a Dominion or Local 
 Act of the Lef];islature or of any Act or Ordin- 
 ance of the Territories or districts of Canada, or 
 any fee of otHce, duty, rent, revenue, or any sum 
 of money payable to Her Majesty or any title to 
 lands or tenements, or annual rents, if brouj^ht in 
 the Court mentioned. 
 
 The Court has jurisdiction in criminal as well 
 as in civil matters ; but in respect of treason, 
 felony and misdemeanor, no appeal is allowed if 
 the judgment of the Lower Court was unanimous 
 in affirming the convictions. 
 
 This Court of last resort does not mean tho 
 individual judges who may be authorized to sit 
 in these Courts, but the tribunals from which 
 the appeals are to come, or the respective Courts 
 themselves, without reference to the number of 
 Judges, provided always tlic Court be duly con- 
 stituted by the presence of a sufficient number 
 of Judges to make a legal court, whatever that 
 number may be.'= The judgment of two or even 
 of one Judge where the Court may be constitu- 
 ted of that number respectively is not appeal- 
 able. An appeal lies only where there is a dis- 
 senting judgment in the Court appealed from.f 
 
 * Per Mr. Justice (now Chief Justice) Kitchie iu Aiiier vs. The Queen, 
 'i S. 0. 
 
 t jMr. Justice Taschereau in the same case. 
 U 
 
210 Manual of Gorernmcnt in Canada. 
 
 : 
 
 
 No appeal lies to this Court from the judg- 
 ment of a Court granting a new trial on the 
 ground that the verdict was against the weight 
 of evidence, that heing a matter of discretion.* 
 
 The Governor-General may refer any matter 
 to the Supronc Court for hearing or consideration, 
 and they shall certify their opinion thereon to 
 the Governor in Council ; and either House of 
 Parliament may refer any private Bill or Petition 
 thereto. 
 
 Controversies arising ])LoWeen the Dominion 
 and the Provinces, or hetween the Provinces 
 themselves, may, with the consent of the Pro- 
 vinces, he determined hy the Supreme or the 
 Exchequer Court of Canada. The Province of 
 Ontario has placed herself within this jurisdiction 
 by enacting that the Supreme Court may enter • 
 tain controversies between the Dominion and the 
 Provinces, and also controversies between Ontario 
 and any other Province submitting to the juris- 
 diction of the Court. In such actions and pro- 
 ceedings in Ontario, where the parties thereto by 
 their pleadings raised the question of the validity 
 of any Dominion or Provincial Act, if in the 
 opinion of the Judge the question is material, 
 the case may be ordered by the Judge, either 
 with or without the request of the parties, to be 
 removed to the Supreme Court. 
 
 The Court, or any of its Judges, has original 
 jurisdictions in habeas corpus ca^e^ ; and has the 
 
 r-Vei' 
 
 * lioiik t». The Jlercliuufs Murine Insurance Co'y. 1 S. C. 
 
mgnjigiyi 
 
 Monnal of Government in Canada. 211 
 
 same power to bail, discharge or commit the 
 prisoner as any Court or Judge in the Provinces 
 having jurisdiction in such matters. 
 
 The Court, or any Judge, may also order the 
 issue of a writ of Certiorari to bring up papers 
 or proceedings necessary with a view to any 
 enquiry, appeal or other proceeding before such 
 Court or Judge. 
 
 The Supreme Court sits three times a year, on 
 the third Tuesday of February, the first Tuesday 
 m May, and the fourth Tuesday in October, at 
 Ottawa, and is presided over by a Chief Justice 
 and hve Associate Judges, who hold office during 
 good behaviour. Any five of the Judges are 
 competent to hold Court in term. The Judges 
 are incapable of holding any office of emolument 
 under the Dominion or Provinci.il (iovernments. 
 Rules in relation to appeals are laid down by 
 Order in Council, and the Judges of the Court 
 can make rules and ordc-rs for the purposes of 
 carrying out the Acts establishing tliis Court. 
 ^ All ]3arristers or Advocates, Attorneys or 
 Solicitors, in any of the Provinces shall have the 
 riglit to- practice as Barristers, Advocates, Solici- 
 tors, &c., and Counsel in this and in the Exche- 
 quer Court ; and all such practitioners are officers 
 of these Courts. 
 
 A Registrar and Reporter of the Court arc 
 appointed by the Governor in Council. 
 
ii 
 
 n> i 
 
 212 Manual of Government in Canada. 
 
 The proceedings in this Court are regulated by 
 rules approved of by the Court. 
 
 The first proceeding in appeals is the filing of 
 a case stated by the parties setting forth the 
 judgment objected to and so much of the plead- 
 ings, evidence, afiidavits, and documents as may 
 be necessary to raise the question for the deci- 
 sion of the Court. The case must also, if possible, 
 contain a transcript of all the opinions or reasons 
 delivered by the Judges in the Courts below, and 
 must be accompanied by a certificate that proper 
 security to the extent of §500 has been given by 
 the appellant in the Court appealed from. 
 
 Twenty-five copies of the case are printed in a 
 prescribed form ; and these, with certified copies of 
 original documents, deposited with the Registrar 
 of the Court. Notice of hearing is served at 
 least a month before the next session of the 
 Court, at which time each party deposits in Court 
 copies of the factum or points for argument in 
 appeal. This contains a concise statement of 
 facts, the points of law and the arguments and 
 authorities in the case, and is printed and 
 distributed the same as the case or appeal. 
 These are put in under seal ; and, when de- 
 posited, are exchanged with the opposite party. 
 When the rules of Court are complied with the 
 appeals are set down for hearing, and the case is 
 heard with not more than two Counsel for each 
 side — one only in reply. These rules do not 
 apply to criminal appeals or to habeas corpus 
 
 
I lillJiMi 
 
 Manual of Government in Canada. 213 
 
 cases, in which a certified written case is all that 
 is necessary in order to bring them before the 
 Court. 
 
 In election appeals, the record or the necessary 
 part of it, is printed under the direction of the 
 Registrar of the Court, but each factum is pre- 
 pared the same as in ordinary cases. 
 
 A tariff of costs has been drawn up by the 
 judges ; and the Court has full power as to 
 execution to enforce its orders. 
 
 SI 
 
 ! 
 
T 
 
 CHAPTER XLVI. 
 
 M '! 
 
 DO.MIXION' COrKTS.— (CoviiNUKD). 
 
 The ExcHE«iUKR Coikt df Canada. 
 
 The only other Dominion Court is the Ex- 
 chequer Court of Canada. 
 
 This Court looks aftpr the Revenue of the 
 country, enforces certain penalties on behalf of 
 the Crown, and has jurisdiction in all cases in 
 which demand shall be made or relief sought in 
 resjiect of anj^ matter which might in England 
 be the subject of a suit or action in the Court of 
 Exchequer on its plea side against any officer of 
 the Crown. It also deals exclusively with those 
 cases which, in the English Exchequer Court, 
 were instituted on its revenue side against the 
 Crown. 
 
 The Exchequer Courts can hear appeals in 
 all cases of arbitration arising under the Acts 
 respecting the Public Works of Canada when the 
 claim is over $500. In all cases the submission 
 of the parties as to arbitration can be made a 
 rule of this Court ; and the Court has full power 
 over any award — to set it aside or remit the 
 matters referred for re-consideration — and may 
 make final order as to what it deems just and 
 right between the parties. 
 
 An appeal lies to the Supreme Court in these 
 cases. 
 
 li 
 
^ 
 
 Manual of GovernmoU In Canada. 215 
 
 The Suin-eme Court Judges are the Judges of 
 this Court ; and the practice and procedure are 
 hiid down in very ehihorate rules framed hy all 
 the Judges of the Suiireme Court. 
 
 Cases are heard before a single Judge in the 
 first instance with or without a jury, and an 
 appeal lies to the Supreme Court. 
 
 The Court sits at any ijlace in Canada, and 
 the Sheriffs and Coroners of the different Counties 
 are officers of this Court also. In Ontario a 
 Judge of the Exchequer Court lias, in regard to 
 the use of the Court House and other buildings 
 set apart in the County for the administration of 
 Justice, the same authority in all respects as a 
 Judge at Nisi Prius. 
 
 Execution can issue out of this Court, both to 
 enforce its own decrees and those of the Supreme 
 Court, the writs issuing in the name of the Chief 
 Justice of the Supreme Court. 
 
 The Registrar of the Supreme Court is 
 appointed for this Court also ; and all Barristers, 
 Attorneys, etc., are officers of the Court, the 
 same as in the Supreme Court of Canada. 
 
■^ 
 
 CHAPTER XLVII. 
 
 P 
 
 iff; 
 
 ill; 
 
 §ih 
 
 i: i 
 
 PHOrEDrRK DKKINK]) 15Y THE DOMINION PARLIAMENT. 
 
 Criminal Law. 
 
 The Procedure in Criminal Law is directed by 
 Acts of the Dominion Parliament, and is almost 
 im'^^ormly the same in all the Provinces. 
 
 ill criminal trials, as it is the public that is 
 wronged, the action is said to be brought by the 
 Q;^ _en or King against the accused. The case 
 under our Statutes is commenced either on 
 information laid before a Justice of the Peace, or 
 Police Magistrate, the inquistion of a Coroner's 
 jury or the presentment of a grand jury. 
 
 When an indictable offence is laid before a 
 Justice of the Peace, if the evidence is sufficient 
 to put the accused on his trial, the Justice must 
 either send him to gaol to await the next sitting 
 of the Court or admit him to bail. The evidence 
 and information are transmitted to the County 
 Crown Attorney, who takes up the case on 
 behalf of the Crown, after the Justice of the 
 Peace or Magistrate has disposed of his share of 
 it. This is the usual way in which criminal 
 trials are begun. 
 
 It is true that on leave being obtained a 
 criminal information may be filed in the Court of 
 Queen's Bench in Ontario ; but this is rarely done, 
 and is the only case where proceedings are begun 
 in a high Court of Justice. No criminal infor- 
 
 i :•. 
 
M<}nu id of Government lii Canadu, 217 
 
 mation will lie in regard to a felony or high 
 treason. The procedure only applies to those 
 misdemeanors upon which an indictment would 
 lie before a Justice of the Peace. Leave to file 
 a criminal information rests in the discretion of 
 the Court, and is a proceeding of an extraordinary 
 character in criminal matters. In England it is 
 granted when the matter complained of is of 
 l^ublic importance, and that a speedy remedy is 
 desired and necessary, or where some important 
 or superior person is the subject of grave charges ; 
 but the tendency of the Courts here would seem 
 to be to discourage the practice of granting leave 
 for such informations. 
 
 A number of cases are also sent up to the 
 County Crown Attorney from the Coroners of the 
 different Counties. 
 
 In cases where manslaughter or murder has 
 been committed, the Coroner empannels a jury, 
 and their verdict or inquest is transmitted to the 
 Crown Attorney as in the case of Justices' com- 
 mittals. The County Attorney attends with 
 these informations and inquisitions at the next 
 sitting of the Court of competent jurisdiction 
 and prefers them to the Grand Jury for their 
 opinion as to whether or not the evidence is 
 sufficient to put the accused on his trial. 
 
 A Grand Jury is comprised of not less than 
 twelve or not more than twenty-three persons 
 selected to be Grand Jurors ; and their duty is to 
 judge whether the prisoner ought to be put on 
 his trial or not. 
 
"TUfil 
 
 I ; 
 
 1 
 
 H 
 
 i' II 
 
 218 M.ann<il of Govrnniidit in C<iiuula. 
 
 In certain cases, such as perjury, suborna- 
 tion of perjury, conspiracy, obtaining money 
 or other property l)y false pretences, keeping a 
 gambhng house, keeping a disorderly house, or 
 any indecent assault, no presentment to or find- 
 ing by the Grand Jury is made without the per- 
 son making the accusation lirst giving a bond 
 to prosecute or give evidence in the matter ; 
 unless the accused is committed, or in custody, 
 or that the indictment is preferred by the Attor- 
 ney or Solicitor-General of the Province, or by a 
 Judge competent to give such a direction or try 
 the offence. 
 
 The Grand Jury judge nothing of the guilt or 
 innocence of the accused ; that is left to another 
 jury. In the linding which the Grand Jury 
 makes to the jn-esiJing Judge, if in their 
 opinion the accused ought to be put on his trial 
 they write " true bill" on the back of the infor- 
 mation or inquisition ; and if not they write " no 
 bill" and the accused is dicharged without trial. 
 
 The Grand Jury also presents a statement in 
 reference to the state of the County Jails, 
 Asylums, kc which is called a presentment, and 
 in this they can take notice of certain crimes and 
 have the accused put on his trial. 
 
 After the Grand Jury brings in a true bill the 
 accused pleads guilty or not guilty ; or in the 
 event of his silence, the Court can plead not 
 guilty for him. 
 
 In capital offences the accused can object to 
 or challenge not more than twenty jurors. In 
 
 ■ -w iim! JJJi ! aJ ^ a» 5al.^^•g;^^5^ g''B ■ ^ 
 

 "^ 
 
 Mtinudl of Government in Canada. 219 
 
 other cases of felouy not more than twelve 
 jurors, and in all other cases four jurors. These 
 may be objected to without any reason given. 
 Any number may be objected to on cause 
 assigned. The Crown has the right to challenge 
 four jurors peremptorily, and has also the right 
 to cause any juror to stand aside until the j^anel 
 has been gone through, and has the same rights 
 as the accused as to challenge for cause. 
 
 The accused, after the close of the case for the 
 Crown, can make full answer and defence to any 
 indictment preferred against him, and be heard 
 by his Counsel on his behalf. 
 
 The presiding Judge, on the finding of the jury, 
 sentences the accused or discharges him as the 
 case may be. From this there is no appeal. The 
 Judge may reserve any question of Law to any 
 of the Superior Courts of Common Law. But 
 in case the Judge refuses to reserve a- point 
 of Law, or could not have reserved it, a writ of 
 error may issue so as to bring the matter under 
 the consideration of Superior Courts of Law. 
 If the conviction is bad for any cause, the whole 
 trial is a nullity, and a new trial may be granted 
 in such cases. In the absence of reprieve or 
 pardon by the Crown the sentence of the law is 
 carried out by the various punishments of death, 
 imprisonment, kc, provided by the Statutes in 
 that behalf. 
 
 The appeals to the Supreme Court, as well as 
 the exercise of pardon, have been adverted to 
 heretofore. 
 
CHArTKR XLVIII. 
 
 ii . 
 
 OFFICKRS (»K THK CRIMINAL LAW. 
 Jr.STICKS OK TlIK J'eACE. 
 
 One of the Prerogatives of the Crown is, that 
 the King or Queen is the fountain of Justice. 
 In view of this the Sovereign has charge of the 
 l^eace of the reahn ; and in order that peace 
 should prevail, certain magistrates, called Justices 
 of the Peace, are appointed hy commission from 
 the Queen. In Ontario these commissions come 
 through the Lieutenant-Governor in Council 
 through the Clerk of the Peace for each County, 
 and only the most sufficient persons are chosen 
 for the office. 
 
 Certain other persons, from thv nature of the 
 offices they hold, are also Justices of the Peace, 
 Buch as Mayors of Cities and Towns, Aldermen 
 who have qualified themselves for that purpose, 
 and the Ileeves and Deputy Pieeves of Township 
 and Village Corporations. The Judges of the 
 Supreme and Exchequer Courts of Canada, and 
 the Justices of the Court of Appeal and of the 
 Courts of Queen's Bench and Common Pleas 
 and of the Court of Chancery for Ontario, are 
 Justices for the whole of this Province. The 
 Judges of the County Courts are also Justices of 
 the Peace ; and it would appear that the members 
 of the Executive Council for this Province, the 
 
Manual of (iovcrnment in Canada. 221 
 
 he 
 
 lie 
 
 Ire 
 
 he 
 I of 
 
 irs 
 he 
 
 Attorney-General for the Dominion and the Pro- 
 vinces, and in certain cases Queen's Counsel, 
 are also Justices of the Peace by virtue of their 
 office or position. 
 
 Where Justices of the Peace are appointed by 
 commission by the Lieutenant-Governor they 
 must have, besides the mental qualifications 
 necessary for the importance of the office, some 
 interest in land to the value of at least !5>1,200. 
 Unless where specially provided for, no Attorney 
 or Solicitor, while practicing as such, shall be a 
 Justice of the Peace ; and no Sheriff or Coroner, 
 acting as such, shall be qualilied for this position. 
 Every Justice of the Peace must take a pre- 
 scribed oath before fulfilling any of the duties of 
 his office. 
 
 The authority under which they act is called 
 their Commission, and was settled by all the 
 Judges in England over five hundred years ago ; 
 so that the office is a very ancient as well as a 
 very honourable one. 
 
 Each ordinary Justice of the Peace has a cer- 
 tain district or territory within win* 'i his jurisdic- 
 tion lies ; beyond that he has no power. The 
 duties of a Justice of the Peace are of two kinds : 
 1st, Judicial duties ; and 2nd, Ministerial duties. 
 When any person prefers a charge against 
 another before a Justice of the Peace, the latter 
 may issue a summons or a warrant to apprehend 
 the offender; the summons being a command to 
 the offender to appear on a certain day, and is 
 
! 
 
 I 
 
 
 IH' 
 
 'Hr 
 
 k ■, 
 
 222 Mduudl of Government in Canada. 
 
 for trifling matters or (liHputos — the warrant 
 being for all Herions offencoH, and is the (' a- 
 ble's authority for arresting and keeping the 
 accused i\i iiis charge till brought before the 
 Justice of the Peace. If the suimnons be dis- 
 obeyed, the Justice may issue a warrant to apjH'e- 
 hend the offender. 
 
 The Justice may require in all cases that the 
 person preferring a charge against another 
 should make his statement t)n oath. In the 
 cases of perjury, \c., where a bond conditioned 
 on the prosecution and giving evidenc is 
 necessary before a Bill of Indictment sho ^e 
 presented to, or found by? a (Irand Jury, as nien- 
 tioned >n the last chajiter, a prosecutor desiring 
 to prefer an indictment respecting any of these 
 offences before one or more Justices of the Peace 
 having jurisdiction in the matter, and who may 
 refuse to commit or bail the person accused, 
 must give his bond or recognizance to the Justice 
 or Justices that he will prosecute the charge or 
 complaint ; and thereupon the Justice or Justices 
 must transmit the recognizance, information and 
 depositions, if any, to the proper officer in the 
 same way as if the accused had been committed. 
 
 Where a felony or misdemeanor has been 
 committed the charge in the affidavit is called 
 an information and a warrant issued. On the 
 accused appearing before the Justice, witnesses 
 are examined and the proceedings conducted with 
 the regularitv of a Court. 
 
Mamtdl of' (iorenimeut in Cnnmla. '2251 
 
 nd 
 
 Ihe 
 
 I en 
 ed 
 Ihe 
 
 ;es 
 th 
 
 In seriouH cases where an indictment woulil lie 
 against the accused, the statement of the 
 accused is taken down, read over to him, and 
 signed hy him in tlie ])res('nce of the Justice, 
 and also signed hy tlie Justice himself. When 
 all the evidence is taken, and the case argued by 
 Counsel, when such is necessary or i)ermitted, 
 the Justice decides on the case. 
 
 If it is an offence for which the law has given 
 the Justice express power by Statute to im))ose a 
 line or imprison the ai used, and that there is 
 sufficient evidence to warrant tine or imprison- 
 ment, then the Justice summarily convicts the 
 accused. This is called a Summary Conviction, 
 and is regulated by Act of Parliament. 
 
 In these cases, if the evidence be insuflicient to 
 warrant a summary conviction, or if the Justice 
 had no authority to convict, or if for other good 
 reasons the conviction be bad, the Superior 
 Courts of Law, on application ])eing made by 
 the accused, will quash the conviction by Cer- 
 tiorari. An appeal lies to the County Judge and 
 to the C!ourt of General Sessions from the 
 conviction of a Justice of the Peace. 
 
 At the hearing of any a])peal under the Act 
 relating to summary convictions, any of the 
 parties to the appeal may call witnesses and 
 adduce evidence, who or which ma}' not have been 
 called or adduced at the original hearing. 
 
 No action will lie against a Justice of the Peace 
 acting within his jurisdiction in the discharge of 
 
• I 
 
 ft. ^ . 
 
 Ms il 
 
 m 
 
 lii 
 
 224 Manual of Government in Canada. 
 
 his duty unless he acted maliciously and without 
 reasonable or probable cause ; and no action 
 can be brought against a Justice of the Peace 
 except within six months after judgment. In all 
 such cases of summary conviction a Justice of 
 the Peace acts judicially. 
 
 But a Justice of the Peace has Ministerial 
 duties to perform as well as Judicial ones. After 
 hearing all the evidence in a case before him 
 there may be sufficient to justify him in finding 
 the accused guilty of some crime over which the 
 Justice has no power or authority to convict 
 summarily. It may be for a crime of a serious 
 nature, such as murder, manslaughter, or some 
 indictable offence and over these a Justice of the 
 Peace has no power. There are certain offences 
 in which, if the accused consents, a Justice of the 
 Peace or Police Magistrate may try the case and 
 sentence the accused to such punishment as may 
 be determined by the Statutes m that behalf. 
 But without such consent, punisliment would not 
 be intiicte'^. The accused is not deprived of the 
 benefit r , jury of his countrymen as to whether 
 or not ho is guilty of the crime charged against 
 him. 
 
 An indictment, it will be remembered, is the 
 test of a crime, and the evidence must be consi- 
 dered by a Grand Jur} to be sufficient to put the 
 accused on his trial. As the law at present 
 stands the judgment of two Justices of the Peace 
 is supplanted by that of a Grand Jury, on the 
 
 • 
 
 
! 
 
 of 
 
 Manual of Government in Canada. 225 
 
 sufficiency of the evidence to support an indict- 
 ment. On the duties of the Justice on an 
 mdietahle offence being brought under liis notice 
 they are so far judicial that in a proper case he 
 can admit the accu.'ed to bail till the next sittincr.s 
 of the Court. No Justices shall admit to bidl 
 uny one charged with treason or a capital offrnee • 
 but any two Justices may bail parties charged 
 with other felonies. Where the offence is not 
 bai able by him his duties are purely ministerial. 
 It tlie evidence supports the charge the accused 
 must be committed to gaol. The depositions 
 and prisoner's statement are sent to the County 
 Attorney, and the case tried either at the County 
 ■Tudge's Criminal Court, the Court of General 
 Sessions, or the Court of Oyer and Terminer and 
 General Oaol Delivery. l„ the two latter 
 Courts the accused has a jury to thid wliether 
 the evidence points to ],is guilt; hi tiie County 
 Judge's Criminal Court the accused can elect to 
 be tried without a jury. This only refers to 
 oltences for wliich the accused can be h-ied at the 
 General Sessions. 
 
 So far as summary convictions are concerned 
 the Magistrate's decision is final, unless set aside 
 on appeal on application to quash the same 
 Jiut all committals, after being disposed of by him 
 are tried in the Courts as already mentioned. Jf 
 the Justice refuses to bail the person an apjdica- 
 tion, even in cases of murder, can be made to the 
 Superior Courts of hiw ; and if a proper case be 
 
 16 
 
 7:v}-f:s^^ai^smf?'mm^mm^'^'> 
 
T 
 
 U 
 
 226 Manual of Government In Canada. 
 
 made to the satisfaction of the Judge, bail can be 
 put in for his appearance. 
 
 In cases of felonj'' one Justice cannot dispose 
 of the case, it requires two at least • but a Police 
 Magistrate, County Judge, or Stij idiary Magis- 
 trate mav of himself do whatever is authorized 
 by our Criminal law to be done by two or more 
 Justices of the Peace. Justices of the Peace are 
 aided and attended by constables, whose duties 
 are to execute the commands of tlie Justices. 
 They may commit an offender and convey him 
 to prison if the offence was done in their presence, 
 but have no authority to arrest a man for an 
 affray done out of tlieir presence. Each Justice 
 appoints liis own constables ; and when necessary 
 any two or more Justices can appoint special 
 constables upon the oath of a credible witness 
 that an}- tumult, riot, or felony has taken place, 
 or is continuing, or is to be expected to take 
 place. A County Constable is appointed by the 
 County Judge, or by the Court of General Ses- 
 sions, and the Lieuteiiant-(4overnor may appoint 
 one for the whole Province. 
 
 In Cities and Towns with a population of over 
 5,000 inhabitants, instead of Justices of the 
 Peace, a Police Magistrate is appointed, who has 
 generally the same powers as two or more 
 Justices would have, and may entertain cases 
 requiring more than one Justice of the Peace. 
 The Police force in the city or town attend and 
 execute his commands, much the some as Con- 
 
 [fi 
 
 li 
 
% 
 
 ^l^niiinl of Govemmcnt in C(in<id(t. 227 
 
 stables do with those of Justices of the Peace 
 Such Police Magistrate holds office during" 
 pleasure: and by virtue of his appointment as 
 such, IS a Justice of the Peace for the city or 
 town where he is appointed. Every other Jus- 
 tice of the Peace within the city or town where 
 a Police Magistrate has been appointed ceases 
 to have any powers to admit to bailor discharge 
 any person, or act in any way within the Judi- 
 cial limits of the city or town, except at the 
 request of the Police Magistrate, or during his 
 illness or absence. 
 
 Every other Justice of the Peace, however, is 
 liable to act as one of the Justices .,f the Courts 
 of General Sessions. A Police Magistrate so 
 appointed, besides having the powers of two or 
 more Justices of the Peace as to matters within 
 the J.egislative control of this Province, has 
 jurisdiction over all prosecutions for offences 
 against the City or Town by-laws, and penalties 
 as to refusing to accept offices therein, or to make 
 tlu^ necessary declarations of qualiiicatioii and 
 omce. 
 
 -iW^'M^^'^fK^'- 
 
t 
 
 f I 
 
 p 
 
 f'f 
 
 I 
 
 ,.'T 
 I. i 
 
 liii 
 
 CHAPTEK XLIX. 
 
 COHONKKS. 
 
 Coroners ai-o also conservators of the peace, 
 and are said to be the only officers known to the 
 English law charged with the investigation of 
 crime. They are called Coroners from corona, 
 the Latin word for Crown, because formerly they 
 attended to the pleas of the Crown. Their duties 
 at present are mostly defined by Statute law ; and 
 with the exception of acting at times in place of 
 the Sheriff of their county, are limited to inquisi- 
 tions on deceased persons and as to the origin of 
 tires. 
 
 Coroners are appointed by the Lieutenant- 
 Governor under the Great Seal ; one or more 
 Coroners for each County, City, Town or District 
 in the Province ; and hold office for life, unless 
 they are removed for improper conduct or resign 
 their Commission. It maybe that besides those 
 appointed in this way that tiie Chief Justices of 
 the Court of Queen's Bench and Common Pleas 
 are Coroners for the whole Province, in analogy 
 to the English doctrine, that the Lord Chief 
 Justice of the (Queen's Bench is the supreme 
 Coroner in the land. 
 
 The office of Coroner, like that of Sheriff, is 
 very ancient and very honorable. The Peace of 
 the County in England was entrusted to these 
 
Manual of Government in Canada. 229 
 
 two officers wlieu the Earls gave up the ward- 
 ship of the County. It thus liappenetl that tlie 
 Coroner often fulfilled the duties of the Sheriff; 
 and such is the practice to this day ; so that when- 
 ever the Sheriff has an interest in the suit, or 
 makes default in serving jjrocess, the writs are 
 directed to the Coroner. 
 
 This is part of the Ministerial function of a 
 Coroner ; and hesides acting as Sheriff''s suhsti- 
 tute, they can arrest persons committing an 
 affray in their presence: and they possihly 
 possess other magisterial powers. 
 
 But the Judicial functions of a Coroner are 
 what must be considered as properly coming 
 under Criminal law. Whenever it has been made 
 to appear to a Coroner that there is reason to 
 believe that a deceased person came to his death, 
 through violence or unfair means, or by culpable 
 or negligent conduct of himself or others, under 
 such circumstances as require investigation, and 
 not through mere accident or mischance, he is 
 to direct an inquest to be held on the body of 
 such deceased person. 
 
 On the death of any person in any Gaol, Prison, 
 House of Correction, Lock-up House, or House 
 of Industry, no matter from what cause, an 
 inquest is to be held, as the Crown desires to see 
 that the inmates of these places are properly 
 taken care of and do not die of want, or from 
 improper treatment from the custodians or 
 otherwise. In furtherance of this, notice must 
 
 . -^wismmm^mmm?^ ■ 
 
230 Manual of Government in Canada. 
 
 
 he given immediutely to the Coroner of the death 
 of tlie prisoner. 
 
 In all cases the inquest is held upon view of the 
 hody ; and the investigation extends to the cause 
 of the death of the person, and to an enquiry of 
 those accessories who it appeared were absent at 
 the time the offence, if chargeable against any 
 one, was committed, l)ut who procured, counseled, 
 commanded or abetted it. In other words, it 
 extends to principals in the crime and acces- 
 sories before the fact. 
 
 To aid him in this investigation the Coroner 
 issues a warrant to summon a Jury at a certain 
 time, not being a Sunday, and at a place 
 named in the warrant. A Constable summons 
 the Jury, at least twelve in number ; and it 
 appears that no one is exempt from serving 
 thereon, and may be fined for non-attendance. 
 
 Witnesses can be summoned at the same time, 
 and are examined after the Coroner's Court is 
 opened and the Jury sworn. The accused can 
 have his witnesses in his own favor ; and after all 
 the evidence is heard the Coronei sums it up to 
 the Jury, explains to them what the law is on the 
 subject, and directs them to consider of their 
 verdict — they are judges of what the facts are. 
 A unanimous verdict of twelve is required ; and if 
 it is a case to come up at the Assizes the 
 witnesses may be bound to appear at the trial to 
 give evidence, and the prosecutor to appear and 
 prosecute. 
 
Manual of Governinent in Canada. 231 
 
 A written statement of the findinrr of tJio jury 
 or their verdict is called an [nquisition ; and when 
 it contains the subject matter of accusation it 
 need not come before a Grand Jury at the 
 Assizes, as the information of a Magistrate or of 
 Justices of the Peace nmst. The principle in 
 English law, that no man is to be deprived of his 
 life unless on the ummimoub \uidict of twenty- 
 four, is still regarded, the onlv difference he'mcr 
 that the Grand Jury in this case is superseded 
 by a Coroner's Jury. The party accused, if the 
 crime charged be murder, or an accessory to 
 murder before the fact, or manslaughter, is to be 
 apprehended and committed to jail, but may 
 apply to a Judge of one of the Superior Courts 
 for bail, if so advised. 
 
 The Inquisition itself may be quashed if taken 
 before an unauthorized person, or if the Coroner 
 or Jury misconducted themselves, or for other 
 good causes; butany technical defect or omission, 
 of any matter unnecessary to be proved, will not 
 vitiate any inquisition. Every Coroner, imme- 
 diately After inquisition found by him, shall 
 return the same, and all papers in reference 
 thereto and to the attendance of witnesses, to the 
 Countv Crown Attorney. 
 
 Coroners also enquire into the origin of fires, 
 where there is reason to believe the hre was the 
 result of culpable or negligent conduct or design, 
 or occurred imder such circumstances as require 
 investigation. The Coroner can in his discre- 
 
 ""wa¥i!f '*'^'"^ « 
 
! Si 
 
 •232 Manual of Government in Canada. 
 
 tioii empfiiniel ii jury or not, unless lie is required 
 to do so in the written requisition of an Insu- 
 rance Agent, or of any three householders living 
 near the tire The inquest is conducted the same 
 as an any ordinary' inquest on the hody of a 
 deceased person : hut the return is made to the 
 Clerk of the Peace instead of to the County 
 Crown Attorney'. With the exception, however, of 
 the County of York, the Clerk of the Peace is the 
 same person as the County Crown Attorney in 
 Ontario. 
 
 Each Coroner, before the first da\ of January 
 in each year, makes a return to the Provincial 
 Treasurer of the list of inquests taken before 
 him. The Informations of Justices of the 
 Peace and the Inquisitions of Coroners, as was 
 seen, are both returned to the same officer, the 
 Crown Attorney for the County. He is there- 
 fore the next officer immediately concerned in 
 the administration of Criminal Justice. 
 
 f- /, 
 
 
in 
 
 CHAPTKi; L. 
 
 THK COUNTY CHOVVN AITOHNKY. 
 
 Thr Lioutcnniit-Goveriior appoints a Crown 
 Attorney for each County in the Province, who 
 holds otiice (lurin<.' pleasure. In Ontario lie must 
 be a resident in the County and a liarristor of at 
 least three years standin<,^ He is incapacitated, 
 either directly or indirectly, to act as counsel for 
 any prisoner charfred with treason, felony 
 or other offence i)unislni1)le und(!r the criminal 
 law in force. His duties are laid down by 
 statute, and refer almost, if not altogether, to 
 criminal matters. It is his duty to receive and 
 examine informations, examinations, and inquisi- 
 tions, and all papers connected witlj criminal 
 charges which the Justices of the Peace and 
 the Coroners of his County are reijuired to 
 transmit to him. 
 
 He secures the attendance of witn(isses ; 
 institutes and conducts on the i)art of the Crown 
 all the criminal business at the Court of Gene- 
 ral Sessions and the County Judge's Criminal 
 Court. He advises Justices of the Peace upon 
 being asked to do so ; and has certain duties as to 
 the Public Pevenue, Public tfealth, or any 
 matter punishable by a Justice of the Peace. 
 In Criminal cases at the Assizes, sucli as for 
 felonies and treasons, he is required to be 
 present and assist the Crown Counsel ; and in his 
 absence, to take charge of the Criminal business 
 of the Court. 
 
 wmmi-^'^^ 
 
wr 
 
 I 
 
 ,s- 
 
 i^ 
 
 U, li 
 
 I 
 
 
 1 c ; 
 
 : !: r, 
 
 cnAPTKlJ LT. 
 
 CONC'LUSION. 
 
 In a work inttMided to describe tlie present 
 (.'onstitiition, it is i)ro})iiI)ly no part of tlio writer's 
 duty to lind fault with the existing state of tilings, 
 or suggest changes in the system of Government 
 that obtains amongst us. 
 
 It is an undeniable fact, however, that Canada, 
 with a population somewhat exceeding that of 
 the city of London, has a system of Governments 
 as elaborate as that of the United States for its 
 population of ten times that number. We have 
 a central Government with powers largely in 
 advance, comparatively speaking, of that at 
 Washington ; and we have Provincial Govern- 
 ments which, even if their limits are narrowly 
 hedged in, are yet each year asserting the neces- 
 sity of their existence by volumes of statutory 
 enactments. If these enactments be all necessary, 
 and it must be assumed that they are, the central 
 Goveriunent might sit at Ottawa all the year 
 through and not do one-half of it at all — and 
 probably not do a tenth of it eliticiently. A 
 House full of such members is poor machinery 
 for legislating on any subjects ; but totally inade- 
 quate for the local concerns of remote Provinces. 
 The Provinces are too scattered and their interests 
 too diverse to admit of the possibility of legis- 
 
M(niii<(l of' (inrcrnnu'Ht in CaiKuhi. 235 
 
 latiM<,' for Jill by the ordinary iin-aiis of two 
 Houses of Parliament. The nienihers may 
 understand the legishition i>r()ii()scd or needed 
 for their own Provinees : hut tliey would neither 
 know nor understand, and ])ro]»ihly would'nt 
 care, abont the le<,'islation lu-eded m thousand 
 miles ott". 
 
 ('anada, considered in point of ttn-ritory, has 
 a good deal of similarity to the I'nited States: 
 and it cannot he said that in copying/ the Con- 
 stitution of that country to the extent that 
 she has done, any mistake was committed. 
 Local concerns in a lar<^e country are manaf:ted 
 most satisfactorily by Local Administration ; and 
 it wont matter any whether such Administration 
 is a District Council or a Tarliament. It may 
 be nuUter of importunce if the cost of sustainin^^ 
 (me form is nuich more expensive tlian the other. 
 In our Provinces the people pay a high price 
 for their Government : but it is the sort of Gov- 
 ernment they wanted : and it is to be hoped that 
 they get the worth of their money. It is cheaper 
 in the long run than unsatisfactory (loverinnent 
 at a lower ligure. 
 
 A little consideration will show that the people 
 of the Dominion cannot be legislated for in the 
 same way as iive or six millions of people may 
 be in a thickly settled or confined district. There 
 is a strip of the broadest part of the Continent 
 extending from ocean to ocean. There are dif- 
 ferent modes of life among its inhai)itauts--in 
 
2i>V) MitiinnJ lif (iorrrnnifnf in ('(iitmhi. 
 
 n- 
 
 1 
 
 i 
 
 ! 
 
 1 
 
 It ' 
 
 1 
 
 1 •; , 
 
 i ; 
 
 
 
 
 
 : 1 
 
 
 . i ^ 
 
 
 
 ! ■ ■ 
 
 Nova Scotia, in Miiiiit()l)a, in Jiritisli Columbia — 
 each requiring' npocial local l('fi;islation ; ditTerent 
 customs, ra<-esau(l religions even in tlie twin Pro- 
 vinces of Ontario and (Juobec — (lilierrnt features 
 everv where. 
 
 The Provinces may he; governed l>y the ordin- 
 ary machinery of two Houses, hut n(»t governed 
 80 satisfactorily as at present. There has been 
 ample experience to shew this in th<' past history 
 of any two of tlK-m. 
 
 Thenumerous Legislatures that obtain amongst 
 us must, therefore, in view of these facts, be 
 regarded as tilings of necessity. The misfortune 
 is that vvti have not population to justify such an 
 array. It is some consolation, how'ever. that 
 when our i^rovinces :ind Territories number a 
 great many millions more than they do at 
 present, thii Constitution of 18(57 will have sup- 
 l)lied abundant machinery to govern them without 
 many additions to its provisions. 
 
 %" 
 
 in 
 
 ' ii*il 
 
 UHOfi 
 
INDEX. 
 
 Act, B N. a., ntl'oot of, l.'J; partitiular.s of, and ;rovoni- 
 nii'iit uiulor, L';> ; |.o\vors of (Jovornor CJoiieral as sot 
 out in, :U\ -J jn-ovisions of, as to numhei' of Com- 
 moners, ■).') ; construction of, by Draper, C. J., .V,). 
 
 Act, Confederation — See B. N. A. Act. 
 
 Act, Constitutional, date and idlect of, •.» ; first pro- 
 ceedings in Upper Canada under, 10; importatico 
 and duration of, I I. 
 
 Act, Imperial, 1S4:"). — On the demise of the < 'rown, 40. 
 
 Act, Quebec, (iovornnient undei- the, S; date and ef- 
 fect of, S ; when I'cpealeij, '.». 
 
 Act, Riot, form of pnxdamation of, ISl'; penalty for 
 disol>eyiji<i; itroclamation of, 18.1. 
 
 Act, Union, date of, I •_' ; provinces united by and 
 government under, Jl'. 
 
 Acts of J'ailianient, whoso concurrence necessary to, 20: 
 by whom made, ll'.J. 
 
 Acts, Provincial, may be disallowed by whom and within 
 what time, 1*5. 
 
 Administration, what is, se(^ (jovernnient; by whom 
 conti'oUed and who may be meniljors of, 4. 
 
 Affairs, Indian, wIkj is sui)erintendenL of, U"). 
 
 Affairs. Public, how task of ailininistering, divided S4. 
 
 Agriculttu'e, who may legislate on, '.12. 
 
 Agriculture, Dominion J)opartment of, who presides 
 over, ,91 ; subjects controlled and directed by, Ul ; 
 duties of, in relation to census, *.)'■',. 
 
 Agriculture, Provincial Deitartment of, who presides 
 over, 140; business of, 140 ; societies in connection 
 with, 140. 
 
 Agriculture, ^Minister of. by Avhom appointed, see Minis- 
 ter of .lustice ; duties and pijwers of, '.)\ ; powei's of. 
 may lie assigno<l, '.H : aimual report of, 'il; duties 
 of as to general statistics, 94. 
 
 Aim of work, I, 2. 
 
 Aliens, wlio are, 107 ; privileges and disabilities of, 108; 
 how, may become British subjects, lO'.t. 
 
 Attorney (iencu-al for Canada, by whom apjiointed, see 
 Minister of .Justice ; duties of, SO. 
 
288 
 
 INDEX. 
 
 Vi '^ 
 
 , 
 
 Attorney General for Ontario, duties and responsibili- 
 ties of, 140. 
 
 Attorneys, how admitted into Law Society, 198. 
 
 Audit, Board of, by whom appointed, S8 ; who comjiose 
 the, S8 ; powers and duties of, S9. 
 
 Auditor General, term of office of, H{) ; duties of, 89. 
 
 Attorneys, County Crown, liow appointed, 23J;j duties 
 oi','hi: 
 
 Bar, the, of Lower Canada, who comijose, 199: powers 
 and duties of, 199. 
 
 Bar, th'^, of Ontario, who may i)racticc at, 197; prece- 
 dence in, 1 98. 
 
 Barristers, profession of, 198. 
 
 Bills, Governor's i)0wer with reference to, l\H ; proceed- 
 ings after assented to, 33 ; may be disallowed, 33, 
 131 ; mode of proceeding with, 70; procedure on 
 amendments to, 71; public, private, 72 ; reserved 
 by Lieutenant Governor, how assented to, 130. 
 
 British Columbia, sketch of history of, ir>; number of 
 Senators representing, 44 ; number of Commoners 
 reju-esenting, ;")4 ; when admitted into Dominion, 
 1()1 ; how Legislature of comj^osed, IGI ; who com- 
 pose Executive in, 161. 
 
 Budget, how ibrmed, 118. 
 
 Cabinet, what is the, see Government; number compos 
 ing the, see Ministry ; where the, originates, 77. 
 
 Canada, when ceded by France to Great Britain, 7 ; by 
 what laws governed previous to cession, after, 7 : 
 Executive, Legislative and Judicial i)Owers of, 19: 
 Constitution of, see Constitution; what com{)rises, 
 L'3 ; form of Government in, 2) : division of sover- 
 eignty in, 29, 30; properties given to Ontario and 
 Quebec by, 110; position of provinces comprising, 
 119, 123; basis of re})rosentation in, I7(). 
 
 Cana la. Province of, what was conijirised by tlie, 23. 
 
 Canada, Upper, when and where first Legislature f'oi- 
 held, 10. 
 
 Canals and Railways, Dei»artment of, see Hallways and 
 Canals. 
 
 Candidates, see Elections. 
 
 Cases, Criminal, procedure in, 210, 219 ; appeals in, 219. 
 
 Census, when to be taken, 93. 
 
 Cities, Towns an<l Villages, how incorporated, /90. 
 
INDKX. 
 
 231) 
 
 Civil iService, who compose the, 84; by wljom depart- 
 meiit of, presided over, 8;3. 
 
 Colonies, how sovereign power divided in, 2'.). 
 
 Committee, procedure of House in, H). 
 
 Commons, House of, importance of the, 2t» ; remedy in 
 case of deadlock with Senate, 21 ; who summons 
 and dissolves the, .3.'] ; position of, 'hi • numl)er of 
 members in, 53 : when an<l how summoned, ter-n 
 of office of member of, (piorum in, vacancy in, now 
 filled, ")(■); powers and duties of Speaker of, (■.S: mode 
 of conducting business in, 09 ; who responsible for 
 dissolution of, 81. 
 
 Conviction, Summary, wliat is, how (juashed, L'J.;. 
 
 Constitution (of Canada , what is the, li ; by whom aj)- 
 proved, 3; when given, 9 ; what analagous to, IT: 
 object in framing, 20 ; powers under, to whom given, 
 21 ; basis of, 24 ; how known, how limited, 29, 31. 
 
 CJorporations, Municipal, rights of, 189 : how local affair- 
 of managed, 1 90 : who compose, 191. 
 
 Coroners, conservators of the peace, why so called 
 duties of, 227 ; how appointed, 22c ; conduct of 
 mvestigations l;efoi-e, 2;;o ; to whom returns of 
 mcxle, 231. 
 
 Council, Cabinet, what is the, 2S. 
 
 Council, Executive of Canada , responsibilities of 3;j 
 
 Council, Executive (of Ontario;, numbiM- comprishj-' 
 tf^e, 136 ; how members of, ai)pointed, I3(;; term o1 
 office of members of, bJ7 ; who choose the, 137. 
 
 Council, Privy, called Administration, whv so, 4 ; what 
 IS the, 2.S ; on whose consent or approval they must 
 count in governing, 2S; members of, bv whom sum- 
 monerl, and when removed, 32 ; aim of, 77 ; has no 
 Judjcial functions, 70 ; duties and responsibilities of 
 i-i,ii>; Administrative functions ol. 82; businesi 
 
 ^ of, how conducted, 82 ; i)ractice of on State (,ues- 
 tions, 83. 
 
 Councillors. Privy (see <;omicil, iVivv) : who an-, 7ii: 
 who iiresules over, 73 ; nature of oath ■idniinisteied 
 to, /O. 
 
 Counsel, Queen's, who appoints, 41, 197; Earl Kimber- 
 ley s opinion on appointment of, 120 : i)rivile<'ev 
 of, 198, " 
 
 Court, the British <V)lonial. Appellate Jurisdiction of, 
 203 ; whocjmpose,202 ; sittings of, 203 ; proceedings 
 m a|.peals to, 2i».) j i)roceedings of on a])peal, 200. 
 
240 
 
 INDKX. 
 
 Court, the I]xche<iuer, Jurisdiction of, 214 ; wlio preside 
 over, i)rocedure in, 1*1") ; place of sittings of, 21 o. 
 
 Court, the Supreme, how piai^tice and proceeeings o^ 
 set out, St",, 212; Appellate Jurisdiction of, 208 5 
 wlien appeals lie to, 20'.) ; Jurisdiction of in JIabeas 
 ' 'or[)Us cas(\s, 210 ; time and place of sitting of, 211; 
 wlio preside over, who may practice in, 21 J 
 
 Courts, (.'anadian, duties of compared with British Courts? 
 21, l'.>4 ; pow<'r of over statute, 21, l.'>2 ; no restraint 
 can be put on their judicial power, 21 ; may declare 
 Acts of Parliament voitl in certain cases, 21 ; duty 
 of, 132 ; Justice Story's o))inion on Courts, 132; who 
 
 makes reguhitions as to <ifficers of, I'.lT; 1 
 
 rom 
 
 amongst whom judges of selected, I'J'J. 
 
 (jrown, how j)Owers of derived, 28; demise of, 40; in 
 whom jtrerogatives of vested, see pi-erogatives ; po- 
 sition of on resignation of Ministry, 7') ; adminis- 
 trative statutory poweis of. how exercised, S** ; 
 how rei)resentiMl in Canada, .'>l ; wh.'it instructioxis 
 ot, usually contain, 42 ; how personal rights of, con- 
 veyed to (iovernors, 40 ; powers ol the, as first 
 estate in rarliament, 4.'5. 
 
 Crown Lands, who has control of, 00. 
 
 Custonts, l>cpartment of, busim-ss of the, who presides 
 
 over, lOo. 
 
 Customs, Minister of, duties of, lOiJ. 
 
 Debates, languages used in, antl how published, ()9. 
 
 Departments, list of, S4. 
 
 Demzens, who are, 172 ; privileges and disabilities of, 172. 
 
 Education, Department of, of what, consists, l.'O; who 
 presides over, ITjO ; duties and jxiwers of, I."jO. 
 
 Elections, division of Provinces into distiicts for, 12, 'A, 
 177; persons entitled to vote at, ."j4 ; whert; writs 
 for issued, 'j4 ; when returnable, .'),); who may 
 petition against imdue, .>,"> ; by whom undue, tried, 
 ,'»."); what necessary before trial oi undue, .>.'>; may 
 l)e appealetl, Ti."). 
 
 Executi\e, wl'O is the, 77. 
 
 Finance, Department ol, business of the, 8'.>. 
 Finance, Minister of, how ai)pointed, 87 ; office and 
 duties of, n7 ; office and duties of De[iuty ol', S7. DO. 
 Fianchise, what is, 17i'i. 
 Free Ciant Lands, where, lie, I4'» ; who ih'als witli, 145. 
 
 > 
 
 \'i i- 
 
i N n K X. 
 
 241 
 
 m 
 
 Functions, Judicial, by whom exercised, 4 
 Hind, the Consolidated Revenue, origin of, IJo; what 
 composes the, 115; how augmented, 117; charges 
 
 Government, what is the, 3 ; to whom entrusted, 3 ; the 
 hree functions of, 4 ; in whom reposed under 
 Quebec Act, 8 ; under Constitutional Act, 9: under 
 FlfiriK^-^' o5 I^^^^f «f «\"'»g. '-^ form^f, from 
 rnitZr^;./"' .^i^n-'-'-is; between Canadian and 
 I mted Stat_es, J7; pnnciples of, 18; for what 
 answerable, t4 : who may be a member of, 74 : when 
 harmony required from members of, 7fi 
 
 Crovernment, Administrative, what is, 74. 
 
 'Towar'ds^!^'''^'"'"'' "^ '^''"^'^^' ^''' «*^1'« t^ken 
 Government, Constitutional, see Government Respon- 
 
 Go::;:;;:;;:;;:;^::!^^!;^^^ 
 "'dar^.^i2::?:;^iSr"'^'""^ ^^^^^^ ^^ «-•• ^--- 
 
 Govemor General, functions and prerogatives of, 25, 33, 
 .0 : u,av reserve Hills for Queen's tssent, 27 ; effec 
 of re r - ng assent to a Bill passed by both Houses, 
 :llf.J "" appointeu, 31 ; term of office of, 31 
 fwl V'V'^Z? ^?'' '^"^^^« ""^ °»ay ^^e assigned, 31 ; 
 
 rescued JSill 3,> ; legislative power of, 34: mav 
 
 •emove certain judges 34 ; pow^r of as to SepaS 
 
 . nd d.ssentien schools 34 ; Acts relating to powers 
 
 Of, 3b, „9; when independent judgment of is 
 
 a corporation sole, 39; power of to assent to an AcJ 
 of the Legislature, 121 ; Chalmers' oi.inion on power 
 ot to assent to such Act, 122, 130 ; position and 
 authority of, 124; term of office of, 1 24 ;^p oceedings 
 before remova of, 1 25 ; to whom answerable" 1 25 
 prerogative rights of, 1 26 ; Sir John A. Macdonald's 
 o|.inion on appomtment of, 127; Hon. Mr. Four- 
 nier s opmion on powers of, 127 : Justice Gwynne'* 
 opinion on position of, 128. "wynne * 
 
 i« 
 
 i/»p„-r*rl 
 
 
 ilH 
 
w 
 
 242 
 
 INDKX. 
 
 * • 
 
 
 Immigration, who may legisiate on. 92. 
 Indictment, what is an, 224. 
 Interior, Department of, who presides over, 106. 
 Interior, Minister of, powers and duties of, 106. 
 
 .Tudges, by whom appointed, 34 ; by whom removed, 6r>. 
 
 .Jurors may be challenged by accused, 218; may be 
 challenged by Crown, 219. 
 
 .Fury, Grand, who compose the, 217 ; duties of, 217. 
 
 .Justices of the Peace, how appointed, 220 ; who are ex 
 officio, 220; qualifications of, 221 ; duties of, 221, 
 226 j procedings before, 222 ; appeal lies from con- 
 viction of, 223 ; who advise the, 233. 
 
 Keewntin, District of, where situate, 166 ; who is Lieu- 
 tenant 'Governor of, 166; by whom Government in 
 administered, 166. 
 
 Ijaws, by whom enacted under Quebec Act, 8 ; under 
 
 Constitutional Act, 9; under Union Act, 12; 
 
 under Confederation Act, 24; presumably valid, 
 
 ^ jiresumably void, 63 ; sources of, 1 92 ; who are 
 
 judges of unconstitutional, 195. 
 
 Law, Criminal, how procedure in directed, 216. 
 . Ijaw Society of Upper Canada, powers and duties ol' 
 Benchers of, 197. 
 
 Legislature, Provincial, laws enacted by, under Consti- 
 tutional Act, 10; powers and duties of, and whence 
 derived, 20, 57 ; who may alter, 20; may be dis- 
 solved, 20, 57 ; jurisdiction of, in certain matters, 
 64 ; former and present powers of, 1 20 ; the Crown 
 fonns no part of, 1 22. 
 
 Magistrates, Police, oflSce and appointment of, 226. 
 
 Manitoba, before annexed to Canada, 15 ; number of 
 Commoners representing, 54 ; number of Senators 
 representing, 44 ; when admitted into the Dominion, 
 159; how Legislature of composed, 159; how Ex- 
 ecutive Council of, composed, 159 ; provisions of 
 Act admitting, into Dominion, 160. 
 
 Marine and Fisheries, Department of, matters controlled 
 by the, 98. 
 
 Marine and Fisheries, Minister of, duties of, 98. 
 
 Messages, by whom conveyed between the Houses, 71. 
 
 Meetings, Public, how and by whom called, 181 ; notices 
 of, 182 ; how order preserved at, 182. 
 
I N 1) E X. 
 
 248 
 
 Militia, Coramand-in-chief of, in whom vested and by 
 whom exercised, KM); of what consists, 100, 101 ; 
 how divided, 1(X) ; how districts of divided, 102; 
 school of, 102. 
 
 Militia, Active, how divided, 101. 
 
 Militia and Defence, Department of, who may appoint 
 officers of, 100; business of, 102. 
 
 Militia and Defence, Minister of, duties and responsibi- 
 lities of, 100. 
 
 Ministers, duties of, 74 ; salaries of, 84. 
 
 Minister of Justice, by whom appointed, «.") ; office of, 
 8") ; powers and duties of, 85, 80. 
 
 Minister, Prime, by whom chosen, 78. 
 
 Ministry, what is the, 3 ; number composing the, 74 ; 
 what gives rise to votes of confidence in, 77. 
 
 New Brunswick, Constitutional Government of, pievious 
 to Confederation, 13 ; number of Commoners repre-' 
 senting, 54 : powers of Legislature of, 157 ; mode 
 of appointing Governors in, 157 ; powers and func- 
 tions of Lieutenant-Governor of, 157; may appoint 
 certain Judges, 157 ; number composing Councils 
 of, 158. 
 
 North- West Territories, before annexed to Canada, 15; 
 what comprise the, 164 ; how Government in admin- 
 istered, 14. 
 
 Notaries, Public, business ami duties of, 199; how 
 appointed, 200 ; qualifications of, 2(K). 
 
 Nova Scotia, Constitutional Government of, previous to 
 Confederation, 1 3 ; number of Commoners repre- 
 senting, 54 ; powers of Legislature of, 1 57 ; mode of 
 appointing Governors in, 157 ; may appoint certain 
 Judges, 157 ; number composing Councils of, 158. 
 
 Oatii of Allegiance, form of, 17>); by whom may be 
 administered, 170. 
 
 Oath of Residence, form of, 170; who may administer, 1 70. 
 
 Ontario, number of Commoners representing, 54 ; num- 
 ber of Senators representing, 44 ; duties of Lieuten- 
 ant-Governor of, 134 ; division of for electoral 
 purposes, 134 ; number composing Executive Coun- 
 cil of, 136 ; how Departments divided in, 138 ; when 
 laws of England introduced into, 193. 
 
 Ontario, Legislature of, number composing, 1 34 ; persons 
 disqualified from bef^oming members of, 135 ; proce- 
 dure of, 138 ; time and place of convening, 138 : 
 quorum in, 138. 
 
 
244 
 
 INDEX. 
 
 w. 
 
 
 
 Pardon, Royal Prerogative of, in whom vested, 82. 
 
 Parliament, by whom created, 21 : powers of, 21, 57, 
 62-05 ; functions of, 2S, 2'.> ; action of on change of 
 Ministry, 29; first constitutional element of, 31 ; 
 with whom called to consult, 32 ; not dissolved l)y 
 death of Governor-General, 32 : effect of Imperial 
 authority on, 57 ; what acts of void, 57 ; how intro- 
 duced, 57 ; exclusive jurisdiction of, as conferred by 
 Confederation Act, 58 ; how and by whom opened, 
 ()7 ; by what ruled, 77 ; who may resort to library of, 
 •)9 ; jurisdiction of in certain matters, 04 ; power of 
 on refusal of Crown to agree with it, 82. 
 
 Peers, order of, 50. 
 
 People, the, how the choice of may be recalled, S] • 
 rights of, 170, 181. 
 
 Petition, who may, 184. 
 
 Petitions, regulations as to, 184. 
 
 Politics, what are, 5. 
 
 Powers. Ultra Vires, what are. 03. 
 
 Powers, Executive, of the Queen, in whom vestetl, 23, 24. 
 
 Powers, Judicial, 21 ; of the Queen, 2, 18. 
 
 Powers, Legislative, of the Queen, 18 ; distribution of, 
 enumerated and reserved, 20 ; with whom the last 
 lie, 27. 
 
 Precedence, regulations as to, 173. 
 
 Prerogatives, Local, in England, 41; how extended to 
 Colonies, 41 ; Chalmers' opinions on, 41 : where 
 Common Law in reference to set out, 42. 
 
 Press, liberties of the, 186. 
 
 Prince Eilward Island, sketch of history of, 14 ; number 
 of Commoners representing, 54 ; when admitted 
 into Dominion, 102; how Legislature of composed, 
 102 ; who compose Executive Council of, 102 ; terms 
 of admittance of into the Dominion, 102. 
 
 Printer, the Queen's, how appointed, 90 ; term of office 
 of, antl duties of, 90. 
 
 Postmaster General, powers and duties of, 108. 
 
 Post Office Department, who presides over, 108 ; business 
 of, 109. 
 
 Provinces, reasons for uniting the, 1 ; number of Sena- 
 tors representing the Maritime, 44 ; how debts of 
 assumed by Canada, 116, 117. 
 
 Public Service, how expenses of paid, 115. 
 
 Public Works, Dominion, Department of, how divided, 
 111 ; who presides over, ill ; business of the Minis- 
 ter of, 113. 
 
ioxam 
 
 INDEX. 
 
 24r> 
 
 
 Public Works, Provincial, Department of, who presides 
 over, 14.; by whom otticers of appointed, 147- 
 busmess ot, 148. ' ' 
 
 Quebec, numJDer of Commoners representing, ^H : num- 
 ber o Senators, 44 ; of what the Legislature of 
 consists, 1;),:1; number composing the Legislativt 
 
 (council of, I.),:! ; qualifications of Senators for 1;V] • 
 quorum in Legislature of, 1,04; number oomilosing 
 Legislature of J54 ; what composes Executi "^ 
 Co.iicil of, lo4; Legislative powers of, |;);-i- h, 
 
 oomjiosmg 
 tive 
 
 Judges selected, 105 : powers of Lieutenant Gover- 
 
 nor oi, 4o. . 
 
 ^^'^'^Z^^rZ^^^'^i'l .^^I'-ytment of, business and duties 
 
 ot Minister ot, 111 ; duties of officers of. Hi, 
 Kegistrar General, see Secretary of State 
 Revenue, meaning of, 8S ; how collected, S.s 
 Revenue, Inland Department of, who presides over, 
 
 business ot, 104. 
 Revenue, Inland, Minister of, duties of. 1 (),-,. 
 
 Secretary, Provincial, Department of, business of the 1 4 1 
 Senate how created 24 ; compared with House of 
 Lords in England, 2G,;30; chief use of, 26; number 
 ot Members ot may be increased, 27, 49 : by whom 
 summoned when first api)ointed, 32 who appo n" 
 members of, 32 ; number of membei's of whenXs 
 summoned, 44 ; number at present, 4o ; who re 
 commends appointment of members of, 44 ■ Quali- 
 fications of members of, how summoned, 4^'; term 
 m .n f!i7 ^ Members of, 46 ; when and ^lierL sum- 
 
 48 what bills originate with, functions of, of whom 
 to have been composed, 48 ; object of, 4'J : votes of 
 on supplies, position of, as to Commons, .51. o'> • 
 rules, usages and forms of, 08. ' 
 
 Senators, see Senate. 
 Schools, Separate and Dissentient. 34 
 Sherifi', who appoints the, 201 j term of office of. '^01 
 Sovereignty, how defined. 57. ' ' 
 
 Speaker (of Commons),' who elects the, 56: term of 
 ^ office of, Ob ; in case of absence of, 56 
 
 "'^^ dectid, Vsi^""" ^"S'^^^^"^-«>' t<^rm of office of, how 
 
246 
 
 INDEX. 
 
 1 
 
 Ir I 
 
 ■ II ■ 
 
 r : I' ' ■ 
 
 t t 
 
 'HI 
 
 P\ 
 
 i i 
 
 !■ .1 
 
 Speaker (of Senate), by whom appointed, 32 ; who may 
 
 remove the, qualifications of, 33. 
 State, Secretary of, powers and duties of, 95. 
 Statistics, Criminal, returns as to, 93. 
 Statistics, General, see Agriculture, Minister of. 
 Statutes cited — 17 Edward II., cap. 1. 
 
 14 Geo. III., cap. 83. 
 
 31 Geo. III., cap. 31. 
 
 3 & 4 Vict. (Imp.) cap. 35. 
 
 7 Vict. (Imp.) cap. 8. 
 
 17 & 18 Vict. (Imp ) cap. US. 
 
 28 & 29 Vict. (Imp.) cap. 83. 
 
 30 & 31 Vict. (Imp.) cap. 3. 
 
 33 Vict. (Imp ) cap. 14. 
 
 39 Vict. (Dom.) cap. 21. 
 
 40 Vict. (Dom.) cap. 6. 
 Subject, British, who is a, 1()7. 
 
 Subjects to be legislated on, within what jurisdiction 
 fall, 29; that fall within both jurisdictions, that 
 fall within neither, 29 ; upon which Provincial 
 Legislatures have exclusive power to legislate, HO. 
 
 Suffrage, Universal, what is, 176. 
 
 Supplies, by whom suggested, 72. 
 
 Terms used, definition of, 2, 5. 
 
 Titles, regulations as to, 173. 
 
 Treason, where law relating to is set out, 172. 
 
 Treasurer, Department of the Provincial, business of 
 
 the, 142. 
 Treasury, how money is paid out of the, 88. 
 Treasury Board, who compose the, 87 ; powers and 
 
 duties of the, 87. 
 Treaty of Paris, date and effect of, 7. 
 
 Vancouver Island, sketch of history of, 15. 
 Voters (Ontario), qualifications of, 178 ; person* di.squ»- 
 lified from being, 178. 
 
 f 
 
 r 
 
 ^t