II Ji : ' u r|iT Lll I W-m -AN OFFICII]. DOCUMEl^'T. ( ■ ,;.;..- ■■(■> iJ:\,^ J...L / THE CONSTITUTION AND y (- / ^ r GOVERNMENT OF CANADA THE CONST[TUTION AND J r-\ EBNiENT OF -CANADA FROM AN OFFICIAL DOCUMENT DECEMBER i893 MONTREAL EUSftBE SENEC.'VL & FJLS, PRINTERS 20, SAINT-VINCENT SlIiEET 1894 , NOTE BY THE PUBETSHER " The Blue Books are a dust- bin in "which pearls are sometimes found ", saiJ a journaHst, who had been a member of Parliamf^nt and who was not too fond of his first occupation. We have found such a pearl in the Ap- pendixes to the Joitrnais of the Honse of Commons, 1890. It is a Report on the Con- stitution of the Dominion of Canada pre- pared for presentation to the hnperial Par- liament by the Honourable Joseph Adolphe ChapleaiL, Q.C, LL.D., Secretary of State of Canada, ^as we read on the title pa^-e of a {jamphlet printed by the Queen's Printer, in Ottawa, in 189 1. A distinouished professor, to whom we showed that report, said : '* It is the most — 6 — t' complete, the most concise and the clear- *"' est summai') which 1 have ever read of " the Constitution and Government of •' Canada. The State should have had " thousands of copies of it printed and dis- " tributed in all the schools. It is the poli- " tical primer which every one should " study." This opinion seemed to us to be very correct, and we are surprised that no one has thoucfht, before now, of publishing this work, as its utility is l:)eyond a doubt. We have sought to supply the deficiency by reprinting tne report in its entirety. We claim no other merit for our work than that of having fulfilled a duty which, in our opinion, devolved upon the Govern- ment. There is nothing new in the work. It consists only of a few historical notes, with a synopsis of the Confederation Act and of some Statutes respecting the admi- nistrative organization of the Country, to- gether with some ParlicUiientary rules. Still, it contains much information which, on rea(Jini^^ one is astonished not to liave known. Frequuntl)' lh(n' are things of the most ordinary n.iture which one for^^a^ts to learn. E^'er}- one is supposed to know them, l)iit few take the troiil)le to study them thorou<^h]v, until some unexpected incident convinces us of our ignorance. We have ahered scarcely anythine^' in the text of the Report of die kite Secretary of State, who, we are pleased to believe, will not be offended at our popularizino his work. If we are rightly infonued, this Report was highh/ praised by members of the British Parliament, before which it was laid by the Minister for the Colonies in the form of a Ketitrn to an Address. fro)n the Ihmse of Commons. We have corrected some errors in the printing of the document and we have made some slight changes rendered neces- sary by legislation subsequent to the Report. "If, \\\ some instances, we have altered the phraseology of the original, it was merely to facilitate the reading, by dividing into / — 8 — 4 paragraphs more easy for the reader's me- mory to retain We consider that we are doing a useful work for the education of youth by publish- ing this short summar)-, which should find a place in the library, if not in the memory, of all who have anything to do with politics. Without further preface, we submit the work, which die reader will appreciate when he has perused it. Edouard Delpit. CONSTITUTION AND GOVERNMENT OF CANADA CHAPTER 1 HISTORY Canada is said to have been discovered in 1497 by Jean and Sebastien Cabot, wnder commission from King Henry VH. of En- gland. In I 52\|, the coast from Caroh'na to Nova Scotia, and all the region lying beyond, was claimed by Jean Verazzani as possessions of Francis I. of France, under the name of 'New France", a name which was after- wards applied to most of the territory — 10 — claimed to belong to that nation in the New World. Ten years later, Jacques Cartier, of Saint- Malo, explored the Saint-Lawrence, and, in the following year, took possession of certain territory in Canada, or New France, under authority from tiie French King. Nova Scotia was first colonized b}- the French in i 598. Canada proper remained under the sove- reignty of France up to i 760. The second battlc! of the Plains of Abraham was fought at the end of April, i860, and, on the 8*^^ of September, was signed the Montreal Capi- tulation, after which the French authorities left the Country. Canada was formally ceded to Great Britain uncier the Treaty of Paris, in 1 763. As early as 1758, representative institu tions were granted to Nova Scotia. Nova Scotia then embraced New Bruns — 11 — wick also. In 1784, the latter was erected Inio a separate colony, with a representative Assembly. Cape Breton, which was then made part of New Brunswick, was again detached therefrom and united to Nova Scotia in 1819. In 1763. F-*rince Edward Island was annexed to Nova Scotia, but was constituted a separate colony m ijjo, witli a Legislature which was summoned for the first time in In 1791, Canada proper [i. e. the present Provinces of Quebec and Ontario) was divided into two Provinces wnth representa- tive institutions. These Provinces, then known as Upper jjuid Lower Canada, remained with separate Legislatures until 1841, when they were united in a Legislative Union, under the n une oi Canada. I In tiiat year also, Responsible Govern- }\\'.:\\t was conceded to Canada, which was he first iiritish dependency wherein this mportant measure of Colonial administra- ive reform vvas introduced ; but the prin- 1 12 clplc was not definitively established until 1847. In the following year, 1842, Responsible Government was introduced in Nova Scotia and also in New Brunswick. It was not, however, established in Prince Edward Island until 1851. t^ -^t The several British American colonies remained in this position until the i*' July, 1867, when, under the British North Avie- rica Act of that year (30 Vict., chap. 1 1 1, Imperial Statutes), popularly known as the Act of Confedeiration, the Provinces of Ca- nada (i. e. Quebec and Ontario). No\a Scotia, and New Brunswick were federally united as a Dominion, under the name of Canada. Since then, the Provinces of iVIanitoba, British Columbia, and Prince Edward Island with the unorganized Territories of thej North West, have been incorporated in the Union, leaving, at the present time, but onrj t — 13 Colony of the British North American group (Newfoundland) to be admitted jthtjrein, to complete the oteat design of anadian Confederation. The total estimated area of the Dominion s 3.315.647 square miles ; the total estim ated population, al)Out five millions. The census of 1891, which is perhaps open to criticism, gives a total population of 4.833-239- CHAPTER {[ CONSTITUTION The system of Government established n Canada under the Act above cited, and ,vhich svstem was unknown in Great Britain r her Colonies until so introduced and pplied, is a Federal Union. This Federal Union has a General or "entral Government, controlling-all matters fessential to the general development, the )ermanency, and the unity of the whole Do- ninion. It has also a number of Local or Provin- ial Governments, having the control and anagement of certain matters naturally imd conveniently falling within their defined jurisdiction. Each Government is administered in 1 — 10 ~ accordance with the British sy.^tem of Par- h'ameiitary Institutions. B)' this Act, the Imperial Parliament practically gave to the Dominion Parliament the largest possible rights which can be exercised by a Colonial dependency of legislating on all matters of importance to the Union generally. The position Canada consequently occupies is that of a semi- independent power. •is- ■55- 4^ The powers vested in the Parliament of Canada are set forth in the 91^* section of the Confederation Act, which provides that the Queen, with the advice and consent of the Senate and House of Commons, may '• make laws for the peace, order, and good '' government of Canada, in relation to all " matters not coming within the classes of " subjects by this Act assigned exclusively " to the Legislatures of the Provinces "; and, for greater certainty, it is declared that '' the exclusive legislative authority of the — n — " ParlianiciU of Canada extends to all mat- •' ters coming within the classes of subjects " next hereinafter enumerated", that is to say : i". The public del)t and property. 2^. The regulation of trade and com- merce. 3°. The raising of money by any mode or system of taxation. 4". The, borrowing of money on the public credit. 5". Postal service. 6^. 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 Government of Canada. 9". Beacons, buoys, light-houses, and Sable Island. 10°. Navigation and shipping. 11°. Quarantine and the establishment and maintenance of Marine Hospitals. 12°. vSea- coast and inland fisheries. 13*^. Ferries between a Province and any — 18 — British or foreign Countr)' or between two Provinces. 14". Currency and coinage. 1 5°. Banking, incorporation of Ranks, and the issue of paper money. 16^. Savings Banks. 1 7". Weights and measures. 18°. Bills of exchange and promissory notes. 19°. Interest. 20*". Legal tender. 21°. Bankruptcy and insolvency. 22". Patents of invention and discovery. 23". Copyrights. ^ 24". Indians and lands reserved for the Indians. 25". Naturalization and aliens. 26^. Marriage and divorce. 27*". The Criminal law, except the con- stitution of the Courts of criminal jurisdict- ion, but including the procedure in criminal matters. 28°. The establishment, maintenance, and management of Penitentiaries. 29°. Such classes of subjects as are ex- — 19 — pressly excepted in the enuiiieration of tlie classes of subjects assigned exclusively to the Le^nslatures of the Provinces. >«5. By the 92"^^ section, the Act defines the powers of the Local Legislatures, which in each Province may exclusively make laws in relation to matters coming within the classes of subjects next hereinafter enume- rated, that is to say : 1°. The amendment, from time to time, notwithstanding anything in this Act, of the Constitution of the Province, except as regards the oftice of Lieutenant Governor. 2". Direct taxation within the Province, in order to the raising of a revenue for Pro- vincial purposes. 3°. The borrowing of money on the sole credit of the Province. 4". The establishment and tenure of Pro- vincial offices; and the appointment and payment of Provincial officers. — 20 — 5". The injina^cmcnt and sale of the pubHc lands l)c:loiiging to the Province and of the timber and wood tlu:reon. 6^ The estai>lishnicnt, maintenance, and management of puhlic and reformatory Pri- sons, in and for ilv Province. f. Hie establishment, maintenance, and management of hospitals, as\'hims, 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 licenses, in order to the raising of a revenue for Provincial, local, or municipal purposes. lo". Local works and undertakings other than such as are of the following classes : {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 ext- ending beyond the limits of the Province ; {d) lines of steamships between the Pro- vince and any Bristish or foreign Country ; (c) such works as, although wholly situate — 01 within tliLi Province, arc;, before or after their execution, deehired by the l^irh'anient of Canada t(; l.)e for the ^reneral advantajje of Canada or for the adv^antagx; of two or more of the Provinces. I i". Hie incorporation of Companies with Provincial objects. 12". The solemnization of marriage in the Province. 13". Property and civil rights in the Pro- vince. 14". The administration of justice in the Province, including the constitution, main- tenance, and organization of Provincial Courts, both of civil and of criminal juris- diction, and including procedure in civil matters in those Courts. 1 5". The imposition of punishment by fme, penalty, or imprisonment, for enforcing any law of the Province made in relation to .any matter coming within any of the classes of subjects enumerated in such section. 16". Generally all matters of a merely local or private nature in the Province. 09 On the subject of education, the Act pro- vides that, while the Le^-islatiire of a Pro- vince may cxchisively make hu/s on educa- tion, nothing therein shall prejudicially affect any of the denominational schools [i. f. se- parate schools for the religious minorities) in existence before July, 1867, when the Act came into for':e. An appeal lies to the Governor General in Council from an Act of any Provincial authority affecting any legal right or privi- lege that the Protestant or Catholic mino- rity enjoyed at the Union. ' Jn case the Provincial authority refuses to act for the due protection of the rights of the minority, in accordance with the provi- sions of the Constitution, then the Parlia- ment oi Canada may provide a remedy for the due execution of the law. There are certain rights which the Domi- nion and Local Governments may exercise In common, among which are agriculture and immigration, respecting which the Gene- ral Parliament may make laws tor any or all of the Provinces, and each Lej^islature may do the same for the Province over which it has jurisdiction, provided no Pro- vincial Act is repugnant to any Dominion Act. Either the English or French language may be used in the Debates in Parliament, in the Legislature of Quebec, and in the Legislative Assembly of the North West Territories ; and both these languages must be used in the respective Records and Journals of the Houses of Parliament and of the Legislature of Quebec, and in the publication of the laws of Canada, Quebec, and the North West Territories. It may be added that either language may be used in pleadings or process in the Courts of Canada and Quebec. The seat of Government of Canada is fixed at Ottawa, until the Queen otherwise directs. — -ooo— CHAPTER III EXECUTIVE I'OWER The executive Government and authoritv in Canada is vested in the Queen, in wliom also is vested the command of the militia and of all naval and military forces of or In Canada. Her Majesty is represented l)y a Gover- nor General, appointed by the Queen in Council, but paid by Canada, whose term of office usually lasts five years. The Governor General's salary is fixed at ^lo.ooo sterling and forms the third charge on the consolidated revenue of the Country. The Governor General is bound by the terms of his commission and his instruc- tions, and can only exercise such authority as is expressly entrusted to him. — 26 — lie governs under the advice of a Council or Ministry, known as the Privy Council for Canada, which is responsible to Parliament. The Privy Councillors, appointed for life, keep their title, whe^ther they be in oflice or not, those in office com posing- the Ministry. The Governor General, as the active Head ( the Executive, summons, prorogues, and dissolves Parliament, and assents to or reserves l^ills in the name of Her Majesty ; but in the discharpe of these and other executive duties, he acts entirely by and w'th the advice of his Council. Even in matters of Imperial interest affecting Canada, he consults with his Council and submits their views to the authorities in England. The Roya4 prerogative of mercy in capital cases, formerly exercised on the Governor General's own judgment and responsibility, is now administered as in England, pursuant to the advice of the Ministry. The Governor General may be authori- zed by the Queen to appoint a Deputy or Deputies, to whom he may delegate such ~2Y — of his functions and powers as he. may deem expedient to assign to such (^fficc;r or officers. •if The number of the members of the Privy Council in office varies from thirteen to fifteen. Actually they number fourteen, of whom twelve are Heads of Departments, whose ■functions are regulated by Statute. There are : i". The President of the Privy Council. 2". The Minister of Public Works. ^°. The Minister of Railwavs and Canals. 4'' The Minister of Trade and Com- merce. 5". The Minister of Militia and Defence. 6". The Mln'ster of Agriculture. 7". The Secretary of State. 8". The Minister of Justice and Attorney General. 9*^. The Minister of Finance. io°. The Minister of Marine and Fish- eries. V 4 _-0Q J_ —— ijO ^^ 11°. The Postmaster General. 12^ The Minister of the Interior. The two other members of the Privy Council are ministers without portfolio. . Three new offices have been recently created. They are those of : 1°. The Solicitor General. 2°. The Comptroller of Customs. 3". The Comptroller of Inland Revenue. The first assists the Minister of Justice, both in his Department and in Parliament, and the other two are the Parliamentary Heads of the Departments of Customs and of Inland Revenue. They are in the Minis- try, but are not members of the Cabinet nor of the Privy Council. Ministers are paid an annual salary of $7,000, with an additional $1,000 to the Prime Minister. Ministers without port- folio receive no salary. The Solicitor Ge- neral and Comptrollers draw each a salary of $5,000. iH\ As the meinl>ers of the Ministry occupy office only while they retain the confidence of the Lower Chamber or House of Coni- nions, the majority necessarily sit in that body, thoug-h there is always a certain re- presentation — three at tli(^ present time — in the Upper House or Senate. An Administration, when defeated on an appeal to the Countr)', usually retires at once, without waiting- for the assembling of Parliament. Since Confederation, there have Ijeen really but three Dominion Administrations, viz. : i". The Government of Sir John A. Macdonald ; formed i^^ J^'ly, ^867, and resigned 5^^^ November, 1873. 2". The Government of the Honourable Alexander Mackenzie ; formed 7*^^ Novem- ber, 1873, and resigned 16^^ October, 1878. 3". The second Government of Sir John A. Macdonald ; formed 17^^^ October, 1878, which virtually remains in office. After his death, Sir John A. Macdonald was succeeded by Sir John J. C. Abbott, — 30 "— to whom soon succeeded Sir John S. D. Thompson, the actual Prime Minister, who has been recently made a member of the Privy Council for the United Kingdom, which confers on him the title of "Right Honourable ". CHAPTER IV LECilSLATlVK 1 'OWER Following the British model as far as circumstances permit, the Parliament of Canada consists of the Queen, an Upper House called the Senate, and a Lower House called the House of Commons. The privileges and immunities of the two Houses are defined by the Parliament of Canada, but must not exceed those enjoyed by the Imperial House of Commons in 1867. The sittings are annual, but may be of- < tener. --(• Senators are appointed by the Governor General under the Great Seal, upon the recommendation of his Council. -»- O- — Tlu'v hold oitice, under certain prcscrihcJ conditions, for life, and must he of the full age of thirty years and have real and per- sonal property worth $4,000 over and above all liabilities. The Senate is at present composed of 81 members, apportioned territorially as fol- lows : Quebec, 24 ; ()ntario, 24 ; Nova Scotia, 10 ; New Brunswick, 10 ; Manitoba, 4 ; British Columbia, 3 ; Prince Edward Island, 4, and the North West Territo- ries, 2. The Senators from Quebec must have either their property qualification or their residence in their own divisions ; but while it is required that, in the case of other Pro- vinces, vSenators must reside within the ,^. Provincial limits, there is no legal necessity that they should live in a particular county or district, or have their property qualifi- cation therein. All revenue or money Bills can alone ori- ginate in the Commons, and the action of the Senate concernino- such measures is confined by usage to their adoption or — 33 — rejection ; but sucli rejection can onl\' be justified by extraordinary circumstances. Divorce Bills originate in the Senate, but this is a matter of convenience, to which the Commons agree without objection, since, undertime Constitution, the l/pper I K)use . has no special privileges in this respect. During the Session of Parliament, the Senate holds a daily sitting, commencing at 3 p. m., Saturdays excepted, unless other- wise ordered. The proceedings conmience with prayers taken from the English liturgy and read by the Chaplain, a paid ofticial. The Senate is presided over by a Speaker, who must be one of their body and who is appointed by the Governor in Council, by Commission under the Great Seal. Fifteen members, including the Speaker, constitute a quorum. Questions are decided by a majority of voices, the Speaker having always a vote ; and when the voices are equal, the decision is deemed to be in the negative. Every Senator and member of the House of Commons and of the several Local Legis- — 34 — laLures must take the oath of allegiance be- fore taking- his seat. No Senator can hold a seat in the House of Commons. The House of Commons is elected by the people for a term of five; years. It enjoys both legislative and executive functions, since, through a committee of its own, it governs the Country. At the f resent dme, the House of Com- mons contains 215 members, or about one member for every 22.480 of the population of the E)ominion. The representation is re-arranged, after every decennial census, by Act of Parlia- ment, in accordance with the Confederation Act. The Province of Quebec has the fixed number of 65 members, which forms the ratio of representation on which a de- cennial re-adjustment is based. Each of the other Provinces is assigned such a number of representatives as will have the --no — same proportion to tht' luiinbcr of its popu- lation as the number of 65 bears to the pof)nlatIon of Quebec, when ascertained by a census. Su})posing that every member from the Province of Quebec should repre- sent 30.000 people of the population of the Province, then the odier Provinces would have one member per 30.000 people, and so on. Under these conditions, the repre- sentation for Quebec remains unalterable, whilst that of the other Provinces may in- crease or decrease, according to popula- tion. The Province of Quebec has 65 mem- bers. Ontario, with over two millions of people, is now represented by 92 members ; Nova Scotia has 21 ; New Brunswick, 16 ; Prince Edward Island, 6 ; P)ritis]i Columbia, 6; Manitoba, 5, and the North West Terri- tories, 4. But under the re -distribution made in 1892, it will be as follows : Quebec, 65 ; Ontario, 92 ; Nova Scotia, 20 ; New Bruns- wick, 14; Prince Edward Island, 5 ; British Columbia, 6 ; Manitoba, 7, and the North — 86 — West Territories, 4: in 'all 213 instead of 215. Previous to 1885, the franchise for the several l^rovincial Legislatures was the franchise for the House of Commons ; but in that year, an Electoral Franchise Act was passed for the whole Dominion. The franchise adopted, though somewhat complicated in its details, is so broad as practically to be on the border of universal suffrage. Every intelligent, industrious man, who is a British subject by birth or natura- lization, and not a convict or a lunatic, or otherwise disqualified by law, Is in a position to qualify himself to vote for a member of the Commons. The qualifications of electors are more fulh' set forth in the accompanying table. 37 'J'itle of voters. Real Property Fianchise. 1°. Owner. (rt) In his own right. (b) In right of wife. (c) His wife owner. 2°. Occupant. (rt) In his own right. \b) In right of wife, (c) His wife occupant. 3°. Farmer's sou. (rt) Father owner. (b) Mother owner. 4°. Owner's son. (a) Father owner. (/') Mother owner. 5". Tenant. 6°. Tenant-tarmer's son. (a) Father tenant. \b) Mother tenant. 7°. Fir.iierinan (owner). 8°. Indian. income Franchise. 0°. Income. 10°. Annuitant. Occupatiiiii of premi- ses, or resitleiice in the electoral district. Ownership prior to and at the date of revi.sion of the voters' lists. Both occupation and residence for one year ■ next before the date of his being placed upon the list of voters or ihc date of the ap- plication for the pl.a- cing of his name on the list of voteis. Value. Cities, $300 ; towns, $200; other places, $150. Prior to a:ulat the date of the revisi.;n of the voters' lists. Prior to and at the date of the levision of the voters' lists, and one year's residence mi C'amida. Residence for one year prior to the revision of the voters' lists. Farm or other real prop- erly, if equally divided among the ftther and sons or — if mother the owner — among the sons, sufliinenr, according to the above values, to give each a vote. $2 montMy, or $6 quart- erly, or $12 half-yearly, or $20 yearly. Fisherman, $150, land, boats, fishing i.u'.kle, a.ul Indian, $150 of improvements. $300 a year. ^-f'X) a yeiir. — 38 — The persons specially disqualified from voting by the Franc Iiise Act are : i'\ The Judges of the various Courts. 2". Revising and .returning officers and election clerks. 3". Counsel, agents, attornies, and clerks employed by the candidate, either before or during the election, and who have re- ceived an) sum (A money, fee, office, place^ or employment from any candidate. 4*". Indians, outside of the four original Provinces of the Confederation and Prince Edward Island. Voting in elections, except in the North West Territories, is b)' ballot. No property qualification is demanded from a member of the Commons, nor is he limited to a residence in the district for which he is elected -:t ^5- The I'iws enacted for the preservation of the independence of Parliament and the prevention of corrupt practices at elections — 39 — are, in principle and details, practically those in operation in the Mother Country. Members of the House, when called to the Government a Heads of Departments, vacate their seats and must be re- elected, though an exchange of office can take place between Ministers after their election, under the conditions laid down in the law. All officers of the Public Service and contractors with the Government are for- bidden to sit in Parliament, an exception being made, as in England, of officers in .the military service. Since 1874, the House has given up its jurisdiction over the trial of controverted elections, which previously had been con- sidered by Committees. The Courts in the several Provinces are now the tribunals for the trial of all such contested elections. The laws for the prevention of bribery and corruption are scrict, and members are frequently unseated for trivial breaches of the law, committed by their agents through ignorance or carelessness. ^40 — The election expenses of candidates must be published by their legal agents after election. The whole intent of the law is to make election as economical as possible and prevent all kinds of corruption. A candidate may be disqualified from sit- ting in the Commons, or of voting at elections, or holding any office in the gift of the Crown for seven years, when he is proved personally guilty of bribery. ' r ■*.{■ The classes of subjects respecting which the Parliament of Canada may exclusively make laws are set forth in chapter II, and therefore need not be again enumerated. The fullest discussion is allowed on all questions, and the Houses have never been compelled by obstruction, as in England, to resort to " closure "of debate. The Standing Committees of the Com- mons are nine in numl)er, and include : i". The Conuiiittee of Privileges and Elections : 4 i members. — 41 — 2°. The Committee of Expiring Laws: 29 members. 3". The Committee of Railways, Canals, and Telegraphs : i6(3 members. 4''. The Committee of Private Bills : 74 members. 5". The Committee of Permanent Orders : 46 members. 6°. The Committee of Printing : 23 mem- bers. 7*". The Committee of Public Accounts : 60 members. S"". The Committee of Banking and Com- merce : 118 members. 9^ The Committee of Agriculture and Colonization : 102 members. The Standing Committees are chosen at each session by a Committee of Select- ion. The Government is allowed a majo- rity, generally in proportion to its majority in the House, and both sides of the House are fully represented. The membership of these bodies varies in number from 23 to over 166 members. — 42-- We give above the number adopted at the last session (1893). The publication of the Debates of the House of Commons is under the control of a vSpecial Committee of the House. The House holds daily sittings during the Session of Parliament, commencing at 3 p. m., (Saturdays excepted, unless other- wise ordered,) and, as in the Senate, the proceedings commence with prayer, read, alternately in English and French, by the Speaker. The order of business, laid daily on the desk of each member, is divided into Gov- ernment Orders, Public Bills and Orders, and Private Bills, besides Questions put to the Government, and Notices of Motion, all of which are taken upon particular days, in accordance with the rules of the House. Certain days are set apart for Govern- ment business, and others for private mem- bers ; but near the close of the Session, the Government control every day in the week. The Private Bills, which always outnum- ber the Public and Government measures, — 43 — are presented and passed in conformity under special rules, which do not apply to the other classes. The Crown, with tlie advice of the Privy Council, recommends all appropriations of public money. All measures of taxation can only be in- troduced by Ministers of the Crown and must be shown to be necessary for the public service. • The Speaker of the Commons, who, like the Speaker of the Senate, receives a salary of $4,000 per annum, is elected by the ma- jority at the opening of a new^ Parliament, and holds office until Parliament is ' dis- solved or he resigns. He presides at all sittings of the House and, in his absence at any time, is replaced b\' a Deputy Speaker, or Chairman of Com- mittees, who is elected from the members of the House, in like manner as the Speaker, at the commencement of a new Parliament. — 44 — The Deputy Speaker is paid an annual salary of $2,000. The Speaker and four members of the Privy Council sittin<^ in the Commons com- pose a Commission, annually appointed, for regulating the Internal Economy of the House, the Speaker being the Chairman. The direction and control of the Library of Parliament, and of its officers, are vested in the two Speakers, assisted, during the Session, by a Joint Committee appointed by the two Houses. Members of the Commons and the Se- nate receive a sessional indemnity at the rate of $io/^r diem if the Session is less than thirty days, and $1,000 a Session if it extends beyond t^at time, together with an allowance often cents per mile for travelling expenses. Twenty members, including the Speaker, constitute a quorum. Questions arising in the Comm^is are decided by a majority of voices other than that of the Speaker ; and when the voices 45 are equal, init not otherwise, the Six-aker has a vote. At the last general election for the House of Commons, held on the 5^^ March, 1891, the total number of electors on the voters' lists amounted to 1.225.060. CHAPTER V LOCAL LEOISLATUKES The Constitutions of the four Provinces — Quebec, Ontario, Nova Scotia, and New Brunswick — which composed the Domi- nion in 1867, when the Confederation Act was passed, are the same in principle and details, except in the case of Ontario and New Brunswick, where there is only one Chamber, a Legislative Assembly. The same mav be said of the other Pro- vinces that have been admitted into the Union since the date mentioned. All the provisions of the Confederation Act that applied to the original Provinces were, as far as possible, made applicable to them, just as if they had formed part of the Union in 1867. — 48 — Manitolja, established on the 12^^^ May, 1870, was given a Constiuilioii similar to the other Provinces. It was expressly provided in the terms of union with British Columbia that Res- ponsible Government should be introduced into that Province, and that the Constitution of the L.egislature should be amended by making its members elective. Immediately upon the union with Canada, these reforms were carried out and the Province was placed on the same footing as all the other Provinces. All the Local or Provincial Constitutions are now, therefore, practically on an equa- lity, so far as the executive, legislative, and all essential powers of self-government are concerned. All of them have the authority, under the fundamental law, to amend their Con- stitutions, except as regards the office of Lieutenant Governor. British Columbia, Manitoba, and Prince Edward Island have accordingly availed themselves of their constitutional privileges, and there is — 49 — now in those Provinces, as in Ontario and New Brunswick, only one House, elected by the | people. In all the Provinces, at the present time, there is a ver\' com[)lete system of local self-government, a in Nova Scotia; $300 in New Brunswick; $172 in Prince Edward Island ; $550 in Manitoba, and $600 in British Columbia. They are paid also, in the hve first Provinces, a small mileage rate, to cover travelling expenses. The laws providing for the independence of the Legislatures and for the prevention 55 of bribery and corruption are fully as strict as those in force for Dominion elections. In all cases the Courts are the tribunals for the trial of controverted elections. Dual representation is illegal, except in the case of the Quebec Legislative Council, where a member may also hold a seat in the Dominion Senate. Touching the question of disallowance, it may be briefly. stated that the Confedera- tion Act gives the Lieutenant Governor, as well as the Governor General, the power to '* reserve " and also to " veto " a Bill when it eomes before him. The classes of sulyjects respecting which Local Legislatures may make laws are set forth in chapter IL Vf As regards the revenues of the Provinces, they are largely derived from certain an- nual subsidies receivable from the General GovernnKMit. The Dominion, at the Union, assumed the debts of the several Provinces, — 5(1 — agreeing- at the same time to pay them an annual subsidy equal to 80 cents per head of the population of the first four Provinces, as ascertained bv the census of 1861, ex- cept in the case of New Brunswick and Nova Scotia, where it was arranged that the subsidy should increase each decennial census, until the pof)ulation in each case reached 400.000. Besides this subsidy, there is given to each Province an annual allowance of in- terest on the amount of the debt allowed, where the f^rovince has not reached the limit of the authorized debt. Under these arrani:rements, there has been paid to the Provinces in subsidies, for the fiscal year ending the 30^'' June, 1892, a total sum of $3,935,913,56. The Provinces also retain possession of, the lands beloneintr to them before enter- ing the Union. Manitoba, having no public lands at the time of its creation as a Province, has since, rece^ived a gift of swamp lands from the General Government. — 57 — 2". North West 'lerntories. The great North West Territories, owinc^ to their somewhat remote situation and anomalous condition, occup)' an exceptional position in the Confederation. Previous to i8S8, the Territories were governed by a Lieutenant Governor, and Council, partly nominated by the Governor General in Council, and partly elected t)y the people. In that year, legislation Avas had grant- ing the Territories a Legislative Assembly of 2 2 members, but without Responsible Government. In 1891, the number of members was Increased to 26. The Lieutenant Governor is appointed by Dominion authority for four years. He has, however, the right of choosing from the Assembly four members to act as an Advisory Council in matters of finance. The Assembly has a duration of three years, and is called together annually, at such time as the Lieutenant Governor ap- points. It elects Its own Speaker, and is — r- 58 governed by rules and usages similar to those that prevail in the x\ssemblies of the Provinces. Each member receives $500, besides an allowance for travelling expenses. The Dominion Treasury provides nearly all the funds necessary for carrying on the government and for other necessary ex- penses. Tlie elections are by open voting. The electors must be bond fide male resi- dents and lioiiseholders of adult age, who are not aliens or unenfranchised Indians, and who have resided within the district where they live for twelve months before the election. The Civil and^Criminal laws of England are in force in the Territories, so far as they can be made applicable, and the Lieu- tenant Governor and Assembly have such powers to make ordinances for the govern- ment of the North West Territories as the Governor General in Council confers upon them ; but their powers cannot at any time exceed those conferred by the Confede- ^ r^() — .ji? — ration Act upon the Provincial Legisla- tures. There is a Supreme Court of the North West Territories, composed of five Judges, a])pointed. like all other members of the Judiciary, b) the Dominion (jovernment, and removable upon an address ot Parlia- ment. As previously indicated, the Territories are represented in the Senate by two Sena- tors, and in the Commons by four members, who vote and have all the other privileges of tliose of the Provinces. It may be added that there are in Ma- nitoba and the Territories some 45.000 In- dians, who are the wards of the Canadian Government. The accompan) ing^table shows the area, population, and number of electors, mem- bers of Parliament as re-distributed in 1892, and Senators lor each Province of tlie Dominion and for the North West Territories. The number of electors is taken from the •— no dirterent Provincial voters* lists, rcvist-d for the o-eneral election held on tl^e s^'^ March, 1891. The area and populaticjn can be found, with every detail, in the first volume of the Census of Canada, 1891, published, at Ottawa, b)- order of the Minister of Agriculture. Otficial census, 1S91. Voters. L c 65 92 20 14 5 7 6 4 PROVINCES. Area in square inilesf 227.500 219.650 20.550 28.100 2. 000 64 .066 ,382.300 2.37i.4«i Popula- tion. 1-488.535 2.114.321 450.396 32 '-^63 109.078 152.506 98.173 08.967 1 Quebec ( )nt.iri() Nova Scoiia New-Brunswick 335-754 596-715 103.039 82.500 21.8-7 55-935 23.246 16.044 24 24 10 10 Prince Edward T.slaiul Manitoba 4 4 3 2 British Columbia North West Territories Totals 3 315- 647 4-«33-'-!39 1.225.060 - 81 ^ TV.- PROVINCIAL JUDICIARY. The Provincial Judiciary is treated of separately elsewhere in the chapter devoted exclusively to the Judiciary. — ()1 — 5 V. — CIVIL SrCRVICE. The oi 1]C( rs of the Civil Service, ap- pointed by the Pnjvincial G()\ernments, hold office, as a rule, ciurin^^ pleasure, and are not removaljle for political reasons. Jn VI. MUNICIPAL SVSrKM. The organization of the Municipal system comprises in Ontario, where the system is to be found in Its most complete and syme- trical form : i". Townships, or rural districts, of eight or ten scjuare miles, with a population of from 3.000 to 6.000, administered by a Reeve and four Councillors. 2°. Villages, with a population of 750 and upwards, governed like the townships. 3"". Towns, with a population of over 2.000, governed by a Mayor, and three Councillors for each ward if there are less than five wards, and two Councillors if more than five. The Reeves, Deputy Reeves, Mayors, * — (>2 — . and Councillors an; all elected annually by the rate-paycTs, Above these stands the County Munici- pality, consistingof the Reeves and Deputy Reeves of the townships, villages, and towns within the county. One of these, who presides, is called the " Warden " of the county. Alongside the county stands the city, with a population of over i 5.000, governed by a Municipal body of a Mayor, and three Aldernien for every ward, with powers and functions akin to those of counties and towns combined. The Councils have power to levy rates, create debts, and promote agriculture, trade, manufactures, and railways, and powers re- lating to drainage, roads, paupers, ceme- teries, public schools, free libraries, markets, fire companies, preservation of the peace, and for all other objects falling within the legitimate scope of local Municipal require- ments. The exemptions from taxation comprise all Government and public propert)', places — 6,S — of worship and lands connected therewith, and a threat numlxM* of huildini^s occupied by scieniific, echicational, and cliariLable institutions. The official incomes of the Judiciary and of all Dominion officials in Ontario are also exempt from taxation. The Municipal system in the Province of Quebec is as dcve^loped as that in Ontario, with a similar mode of election. There is the same gr£idation of parish, fillaiTj^e, town, county, and city Mui^icipalities, enjoy- ing- the same privileges and possessing si- milar powers. Municipal franchises are those the tax-payers of the Province of Quebec are most jealous of. CHAPFHR VI JL'DICIAKV By thcj pro\'ision;-; of the Act of Confe- deration, the Governor General appoints the Judges of the Superior. District, and County Courts, except those of the Courts of Probate in xN^ova Scotia and New Brunswick. Their salaries, allowances, and pensions are fixed and provided by the: Doniinion Parliament. The Judges of the Courts of Quebec must be selected from the Par of that Pro vince. There is a similar provision for the selec- tion of the Judges in Ontario, Nova Scotia, and New Brunswick, until the laws r^^lative to property and civil rights, and the proce- • — 66 — duni of tlie Courts in those Provinces are made uniform. The administration of justice in each Pro- vince, inchidinijj- the constitution, mainte- nance, t:nd organization of Provincial Courts, both of civil and criminal jurisdiction, includino- procedure in civil matters in tho.Sti; Courts, is left to the Local Lf'gi-'i- lature and Government. The hiiL^hest Court in the Country is the Supreme Court of Canada. It was constituted in 1875, in pursuance of the 10 1 ^t^ section of the Confederation Act, which j.>rovides •' for the constitution, " maintenance, and on>"anization of a general " Court oi Appeal for CcUiada ". This Court has an appellate civil and criminal jurisdiction in and throughout Ca- nada. Pt has also an appellate jurisdiction in cases of controverted Dominion elections, and may examine and report upon any Private P)ill or petition for the same. / • If The Governor in Council may refer any matter to the Supreme Court for an opi- nion which he deems advisable in the pu- bh'c interest. It has also jurisdiction in cases of con- troversies between the Dominion and the Prox'inces. and between Provinces on con- dition that tlie Leg-Islature of such Pro- vinces pass an Act agreeing to such juris- diction. Either House of Parliament ma)' also refer to this Court any Private Bill for its report thereon. This Court is composed of a Chief Justice, and five piiines Judges, two of whom, at least, must be appointed from the Bench or Bar of the Province of Quebec, and all of whom must reside at or within five miles of the City of Ottawa, where the Court holds its sittings three times a year, viz. : in Fel)ruary, May, and October. P^rom the decisions of the Supreme Court, an appeal lies, except in criminal cases, to the Judicial Committee of the Privy Council, in luigland. There is also an Exchequer Court for Canada. It is presided over by a Judge, taken from an) of the Provinces, who must reside at Ottav/a or within five miles thereof. This Court has exclusive original juris- diction in all cases in which demand is made, or relief sought, in any matter which might, in England, be the subject of a suit or ac- tion against the Crown, and In all cases in which the land, goods, or money of the siil)- ject arc in th(^. possession of the Crown, or in which the claim arises out of a contract entered into l)y or on behalf of the Crown. It also possesses exdusive original jurisdic- tion in the matter of various other claims ^ against the Crown. It has concurrent original jurisdiction in Canada in all cases, relating to the revenue, in which it is sought to enforce any law of Canada, including actions, suits, and pro- ceedings to enforce penalties, and proceed- ings in all cases in which it is sought, at the instance of Attorne\' 'Ceneral of Canada, to impeach or annul any patent of invention. — r.f) — or any patent, lease, or other instrument respecting lands, in all cases in which cie- mand is made, or relief sought, against any officer of the Crown, for anvthinij done or omitted to be done in the performance of his duty as sucli officer ; and in all other actions and suits of a civil nature, at Com- mon Law or Equity, in which the Crown is plaintiff or petitioner. The Court may sit at any time and at any place in Canada. As regards the Provincial Couits, it may be said that, so far as circumstances have permitted, the changes in the organization and procedure of t'K; English Courts have been followed in the English speaking Provinces. This is especially tru(! of Ontario, where the Jiidicature Act is modelled upon that of England. It provides for a Supreme Court of Judicature, consisting of two permanent di- -TO- visions, called, res|)ectively, the High Court of Justice for Ontario and Court of Appeal for Ontario. The first division is a^ain divided into three parts : Queen's Bench, Chancery, and Common Pleas. In Oniario, as in the other English Pro- vinces, the recent practice of England has been followed, and though the title of Chan- cellor, or Judge in Equity, still exists in some Courts, there is a fusion of Law and Equit)'. I'here is in the Province of Quebec : i". A Court of Appeal or Queen's Bench, having jurisdiction in the appeals from the decisions of the Superior Court and of the Court of Review, and also in the appeals in criminal matters. 2". A Superior Court, having jurisdiction in all civil suits, in iirst instance. 3''. A Court of Review, which constitutes an intermediate Court of Appeal between the Superior Court cUid the Court of Queen's ])ench in Appeal. The law provides every legitimate faci- lity for appeals from ever)- infeiior Court ~1\ — in a IVovInce, and causes may l)e taken either immediately .to tlie Privy Council in E norland, or, as generally ha])pens, to the Supreme Court of Canada, at Ottawa, pre- viously to goini( before the Couri of the last resort for the Empire at larc,'"e. The [)rinciples of the Criminal Eaw of England prevail in all the Provinces. All Statutory provisions were consoli- dated in 1892, with certain amendments, in the Criminal Code, which' came into force on the i^^ Jtily, ^^93' The Roman, or French Civil Law exists in Quebec ; but \n the other Provinces, the Common Law of P2ngland forms the basis of their jurisprudence in matters of personal and real rights. Jt C(3NTENTS JVVGES PUBLISHER S NOTICE D CHAPTEk I. History 9 CHAPTER II. Constitution 15 CHAPTER III. Executive Power.,.. 25 CHAPTER IV. Legislative Power. .. . 31 CHAPTER *V. Local Legislatures ... 47 CHAPTER VI. Judiciary 65