Page images
PDF
EPUB

3

ment, the number of ministers was increased to fourteen, two of them without portfolios,' but by subsequent rearrangement the number was reduced to thirteen as before, and P. E. Island, now a part of the confederation, was represented by one member in the cabinet. On two occasions since 1878, the speaker of the Senate received a seat in the council, though without portfolio, and the number of members of government was consequently increased again to fourteen. Since 1867, several changes have taken place in the organization of the departments. In 1873, the office of secretary of state for the provinces was abolished, and a department of the interior organized, with the control and management of Indian affairs, dominion lands, geological survey, and some other matters previously entrusted to the secretary of state for Canada. The geological survey of Canada forms a branch, and is under the charge of a director who must necessarily be a man of high scientific attainments. The minister of the interior or the head of any other department appointed for this purpose by the governor in council, shall be the superintendent-general of

1 Hon. E. Blake and Hon. R. W. Scott, Annual Register, 1878,

p. 30.

2 Ib. 30-31. P. E. Island has at present no representative in the cabinet; nor have Manitoba and British Columbia. The number of ministers in the cabinet is now 15 (in 1888), of whom two are without portfolios.

› Hon. Mr. Wilmot, in 1878; Hon. Mr. (now Sir David) McPherson, in 1880, on appointment of former to lieutenant-governorship of New Brunswick. See Canada Gazette, Nov. 9, 1878; Ib., Feb. 12, 1880.

Rev. Stat. of Can., c. c. 22, 23.

Indian affairs. The department of secretary of state for Canada remains in existence, but its functions are confined to state correspondence, the preservation of all state records, and papers not specially transferred to other departments, the registration of all instruments of summons, proclamations, commissions, letters patent, writs, and other documents issued under the great seal and requiring to be registered.2 A department of public printing and stationery was organized in 1886, and is under the management for the time being of the secretary of state. In 1879, the office of receiver-general was abolished, and the duties assigned to the finance minis. ter.

3

At the same time the department of public works was divided into two separate departments, presided over by two ministers-one designated minister of railways and canals; the other, minister of public works. These changes were rendered necessary in the department of the interior and that of public works; in the first place, by the transfer of the great North-West Terri

1 Rev. Stat. of Can. c. 43. The Premier, Sir J. A. Macdonald, while president of the council, held the office for some years. Parl. Companion for 1885.

2 31 Vict., c. 42; Rev. Stat. of Can., c. 26.

3 49 Vict., c. 22; Rev. Stat. of Can., c. 27.

▲ 42 Vict., c. 7; Rev. Stat. of Can., c. 28. Can. Hans. (1879), 1241. In the session of 1878, when the Mackenzie administration was at the head of affairs, a bill passed the Commons to abolish the receiver-generalship, and to subdivide the department of justice, so that there would be an attorney-general with a seat in the cabinet, presiding conjointly with the minister of justice over the Dominion law department. Can. Hans. (1878), 1204, 1584, 1811. It was, however, postponed in the Senate. Sen. Deb. (1878), 681–695.

tory to the Dominion, with its immense area of land and numerous tribes of Indians; and in the second place, by the very large additional amount of responsibility thrown on the other department by the construction of the Canada Pacific Railway, which had been at that time undertaken by the government. In 1884, the department of marine and fisheries was divided into a department of marine, and a department of fisheries, presided over by one minister and two deputies.1

In the session of 1887 a new scheme of organization was provided for several departments. In the first place, there shall be a department of trade and commerce, presided over by a minister. Then the departments of customs and inland revenue respectively are to be placed under the control and supervision of the minister in question or of the minister of finance, as the governor-in-council from time to time directs.2 The governor-in-council may appoint also a controller of customs and a controller of inland revenue, each of whom shall, under the general instructions of the minister first mentioned, be the parliamentary head of these departments. It is also provided that the governor-in-council may appoint an officer who shall be called the solicitor-general of Canada, and who shall assist the minister of justice in the counsel work of the department of justice. He may hold a seat in either house of parliament, provided he is elected while he holds such office and is not otherwise disqualified.*

3

1 47 Vict., c. 19; Rev. Stat. of Can., c. 25.

250-51 Vict. c. 10.

350-51 Vict., c. 11.

4

✦ Ib., c. 14. These several statutes have not been enforced up to the time of the appearance of this work.

CHAPTER VIII.

CONSTITUTION OF PARLIAMENT.

3

The Constitution of 1867 provides that there shall be "one Parliament for Canada, consisting of the Queen, an Upper House, styled the Senate, and the House of Commons." We have already seen that the sovereign is represented by a governor-general who, in person or by deputy, opens and prorogues parliament. He also assents to all bills in her Majesty's name, and may at any time dissolve parliament, a prerogative of the Crown exercised with great caution under the advice of the privy council. In the times before the concession of responsible government, when contests between the executive and the assemblies were chronic, the governors dulled the edge of this important instrument by its too

1 B.N.A. Act, 1867, s. 17.

4

2 See chap. vi. Bourinot's Parliamentary Practice and Procedure.

8 Chapter on bills, Ibid.

• Governor-General's letters-patent, 1878, s. 5; B. N. A. Act, 1867, s. 50.

frequent use. Under the present system of constitutional government, such a condition of things cannot possibly occur. The responsibility of deciding whether in any particular case a dissolution should be granted, must, under our constitution, "rest absolutely with the representative of the sovereign." In coming to a conclusion, he is guided by considerations of public interest, which will enable him always to judge of the value of the advice given him by his constitutional advisers.3 Occasions, however, can very rarely arise when he should feel himself bound, for powerful public or constitutional reasons, to refuse the advice of his council; but there can be no doubt that it is the right and duty of the Crown, under any circumstances, to control the

1 From 1808 to 1810, the Quebec assembly was dissolved no less than three times by Sir James Craig. See his remarkable speech on one occasion, in which he soundly rated the assembly before dissolving it. Christie I., 283.

2 Sir T. E. May, New South Wales Leg. Ass. V. and P., 187778, vol. i., p. 451; Todd, Parl. Gov. in the Colonies, 561.

"The responsibility, which is a grave one, of deciding whether in any particular case it is right and expedient, having regard to the claims of the respective parties in parliament, and to the general interests of the colony, that a dissolution should be granted, must, under the constitution, rest with the governor. In discharging this responsibility, he will, of course, pay the greatest attention to any representations that may be made to him by those who, at the time, are his constitutional advisers; but, if he should feel himself bound to take the responsibility of not following his ministers' recommendation, there can, I apprehend, be no doubt that both law and practice empower him to do so." Sir Michael HicksBeach, Sec. of S. for Colonies; New Zealand Parl. P., 1878; App. A. 2. p. 14; New Zealand Gazette, 1878. pp. 911-14.

« PreviousContinue »