CHAPTER VI.

FEDERAL UNION OF THE PROVINCES.

Political Difficulties, p. 49-Representation by Population, p.

50-Double Majority Theory, p. 51-Political Deadlock, p. 52

-Understanding between Political Leaders, p. 53-Federal

Union, pp. 53-54—Adoption of Seventy-Two Resolutions as

Basis of Federal Union, pp. 54-55-Legislature of Canada

pass Address to Queen, p. 55-Delay in the Maritime

Provinces, pp. 55-56-New Constitution finally Adopted, p.

56-Passage of Act of Union (B. N. A. Act, 1867) by Imperial

Parliament, pp. 56-57-Meeting of first Parliament of the

Dominion, p. 57-Acquisition of the North-West, p 58- Insur-

rection in Red River, p. 59-Establishment of Province of

Manitoba; Meeting of first Legislature; Representatives

take Seats in Parliament, p. 59-Admission of British Colum-

bia, p. 60-of Prince Edward Island, pp. 60-61-Newfound-

land declines to enter Confederation, p. 61 — Imperial

Order-in-Council piacing all British North America except

Newfoundland under control of Canada, pp. 61-62.

CHAPTER VII.

CONSTITUTION OF THE GENERAL GOVERNMENT.

Wide Extent of the Dominion, p. 63-Executive Government, p.

64-Office of Governor-General, pp. 64-5—Advised by a Privy

Council, p. 68-Its Character and Functions, pp. 68-70—

Formation of first Ministry of the Dominion, p. 71-Func-

tions of Ministers, pp. 71-72-Organization of Public Depart-

ments, pp. 72-74.

CHAPTER VIII.

CONSTITUTION OF PARLIAMENT.

Governor-General opens and prorogues Parliament; assents to

or reserves Bills, p. 75--dissolves Parliament, pp. 76-77—

General Features of the Senate or Upper House, pp. 77-81-of

the House of Commons, pp. 81-82-Duration of Parliament,

pp. 82-83-Representation, pp. 83-85-The Franchise, pp. 86-87

-Control over Revenues and Duties, p. 88.

CHAPTER IX.

CONSTITUTION OF THE PROVINCIAL GOVERNMENTS AND ORGANIZATION

OF THE NORTH-WEST TERRITORIES.

Control of General Government over Provinces, p. 90-Lieuten-

ant-Governor appointed and removed by the Governor-

General in Council, p. 90-His Duties and Responsibilities,

pp. 91-92-Represents the Queen in the performance of certain

Executive Acts, p. 93-Constitution of Local Legislature of

Ontario, pp. 93-94—of Quebec, pp. 94-96-of Nova Scotia, pp.

96-97-of New Brunswick, pp. 98, 99-of Prince Edward

Island, pp. 99, 100-of Manitoba, p. 101-of British Colum-

bia, pp. 101, 102-Government of the North-West Territory,

pp. 103, 104-Creation of Provincial District of Keewatin,

p. 104-Imperial Legislation to remove doubts as to the

power of Canadian Parliament to legislate with respect to

new Provinces in the Territories, etc., pp. 105, 106-Local

Legislatures may amend Local Constitutions, except as re-

gards the Office of Lieutenant-Governor, p. 106.

CHAPTER X.

DISALLOWANCE OF PROVINCIAL ACTS.

Power of disallowance, pp. 108-110-Disallowance of Streams

Act of Ontario Legislature, pp. 110-112-Of Act of Manitoba

Legislature incorporating Winnipeg South-Eastern Railway

Company, pp. 112, 113-Powers and Responsibilities of Dom-

inion Government in this respect, pp. 113, 114.

CHAPTER XI.

DISTRIBUTION OF LEGISLATIVE POWERS.

Object of the Framers of the Constitution, pp. 115, 116-Powers

of the General Government, p. 116-Of the Provincial Gov-

ernments, p. 117-Exclusive powers of Legislatures respecting

Education, p. 117-Concurrent powers of Parliament and

Legislatures as to Immigration and Agriculture, pp. 117, 118—

Difficulties as to Jurisdiction, p. 119.

CHAPTER XII.

"UDICIAL DECISIONS ON QUESTIONS OF LEGISLATIVE JURISDICTION.

On the Dominion Controverted Elections Act, pp. 121-123-On

Insurance, pp. 123-128-On Acts respecting Temporalities

Fund of the Presbyterian Church, pp. 128-130—On Ontario Act

respecting Sale of Fermented or Spirituous Liquors, pp. 130, 131

-On Fishery Leases and Licenses, pp. 132-134.

CHAPTER XIII.

JUDICIAL DECISIONS-CONTINUED.

On Canada Temperance Act, pp. 135-139-On Liquor License

Acts of Ontario and of the Dominion, pp. 139-146-On Escheats,

pp. 147-151. On Indian Titles to Lands (Re St. Catharine's

Milling and Lumber Co.), pp. 151-155-Judicial Committee

of the Privy Council on Quebec Tax imposed on Banks

and other Corporations, pp. 155, 156-Boundary Award, pp.

156-158.

CHAPTER XIV.

RULES OF CONSTRUCTION AND CONSTITUTIONAL PRINCIPLES EVOLVED

FROM JUDICIAL DECISIONS.

Rules laid down by the Judicial Committee of the Privy Coun-
cil of England, for the Construction and Interpretation of pro-
visions of B.N.A. Act relating to distribution of Legislative
Powers, pp. 159-163-Constitutional Principles deduced from
the decisions of High Judicial Authorities, and from the
operation of the fundamental Law, pp. 163 et seg.

CHAPTER XV.

POSITION OF THE JUDICIARY.

Laws in force in Canada, pp. 170, 171—Appointment of Judges;
their Tenure of Office, pp. 171, 172-How impeached, pp.
172, 173.

APPENDIX.

British North America Act, 1867, p. 179-British North America

Act, 1871, p. 228-Parliament of Canada Act, 1875, p. 231.

CANADA UNDER THE FRENCH RÉGIME.

The history of parliamentary institutions in Canada commences towards the close of the eighteenth century. Whilst the country remained in possession of France, the inhabitants were never represented in legislative assemblies, and never exercised any control over their purely local affairs by frequent town meetings. In this respect they occupied a position very different from that of the English colonists in America. The conspicuous features of the New England system of government were the extent of popular power and the almost entire independence of the parent state in matters of provincial interest and importance. All the freemen were accustomed to assemble regularly in township meetings, and take part in the debates and proceedings. The town, in fact, was "the political unit," and was accordingly represented in the legislature of the colony. Legislative assemblies,1

1 Story on the Constitution of the United States (4th ed. Cooley), p.p. 113, 114, 193 n.; Bourinot's Local Government in Canada, in Johns Hopkins University Studies in Historical and Political Science, Baltimore, 1887.