exercise of one of the most valued prerogatives of the sovereign. The relations between the representative of the Crown and his advisers are now so thoroughly understood, that a constitutional difficulty can hardly arise which cannot be immediately solved. If the Crown should feel compelled at any time to resort to the extreme exercise of its undoubted prerogative right of refusing the advice of its constitutional advisory council of ministers, they must either submit or immediately resign and give place to others who will be prepared to accept the full responsibility of the sovereign's action, which must be based on the broadest grounds of the public welfare.1 In the constitution of the Senate adequate security has been given to each of the provinces for the protection of its peculiar local interests, "a protection which it was believed might not be found in a house where the representation was based upon numbers only." Consequently, the dominion was divided into three sections, representing distinct interests,-Ontario, Quebec and the maritime provinces of Nova Scotia and New Brunswick-to each of which was given an equal representation of twenty-four members. Provision was also made for keeping the representation for the maritime provinces at the same number, after the entrance of Prince Edward Island.3 An exception however, was made in 1See mem. of Lieut.-Governor Robitaille, Oct. 30, 1879, in a Quebec constitutional crisis, in which he refused a dissolution to Mr. Joly, who thereupon resigned. Todd, 565. See also Ib. 573. Sir A. Campbell, Confed. Deb., p. 21. REESE LIBRARY OF THE UNIVERSITY CALIFORNIA the case of Newfoundland, "which has sectional claims and interests of its own, and will, therefore, have a separate representation in the Senate." Special regard has also been had to the peculiar situation of the province of Quebec, where the electoral divisions that existed previous to 1867 are maintained, and a senator must consequently have his real property qualification or be resident in the district for which he is appointed,—a provision that was not considered necessary for the other provinces.2 When Parliament met for the first time in 1867, the Senate consisted of 72 members, called senators-24 for Ontario, 24 for Quebec, and 24 for Nova Scotia and New Brunswick, these two maritime provinces being considered one division.3 Subsequently, the provinces of Manitoba and British Columbia were admitted into the confederation, and the number of senators has been increased to 78 in all-Manitoba having at present three members and 1 Sir J. A. Macdonald, Confed. Deb. 35. 4 2 Hon. G. Brown said in the debate on Confederation (p. 89): "Our Lower Canada friends felt that they had French Canadian and British interests to be protected, and they conceived that the existing system of electoral divisions would give protection to these separate interests." The principal object of this provision was to give a representation to the Englishspeaking population of Lower Canada, in the Eastern Townships especially, which have now two representatives in the Senate. B. N. A. Act, 1867, ss. 21 and 22. Under Dom Stat. 33 Vict. c. 3, s. 3, (Rev. Stat. of Can. c. 47,) Manitoba is to have two members until it shall have a population of 50,000, and then it shall have three; and four, when the population has reached 75,000 souls. The census of 1881 gave Manitoba a population of 65,954 and consequently another member was added immediately to the Senate. British Columbia three.1 Prince Edward Island has also entered the union since 1867 and has a representation of four members, but as this province is comprised in the maritime division of the Senate its admission has not increased the number of senators in the aggregate.1 Provision was made in 1887 for the addition of two senators to represent the North-West Territories. The senators, who are nominated by the Crown, must each be of the full age of 30 years, natural-born or naturalized subjects, resident in the province for which they are appointed, and must have real and personal property worth $4,000 over and above all debts and liabilities. In the case of Quebec a senator must have his real property qualification in the electoral division for which he is appointed, or be resident therein. Every senator must take the oath of allegiance and make a declaration of his property qualification before taking his seat.5 The Queen may, on the recommendation of the gov ernor-general, direct that three or six members be added to the Senate, representing equally the three 1 Can. Com. J. (1871) 195. Dom. Stat. for 1872, Order in Council, lxxxviii. 2 British N. A. Act, 1867, s. 147. This section provides that after the admission of P. E. Island, "the representation of Nova Scotia and New Brunswick in the Senate shall, as vacancies occur, be reduced from twelve to ten members respectively, and the representation of each of those provinces shall not be increased at any time beyond ten, except under the provisions of this act for the appointment of three or six additional senators under the direction of the Queen." 50-51 Vict., c. 3. B. N. A. Act, 1867, s. 23. See app. to this work. divisions of Canada. In case of any such addition being made, the governor-general shall not summon any new member 66 except on a further like direction by the Queen on the like recommendation until each of the three divisions of Canada are represented by 24 members and no more.' 991 The number of senators is fixed by the 28th section of the British North America Act, 1867, at 78, but on reference to the 147th section, it will be seen that it is provided that "in case of the admission of Newfoundland the normal number of senators shall be 76, and their maximum number shall be 82." Senators hold their seats for life, subject to the provisions of this act, but they may, at any time, resign by writing under their hand, addressed to the governor-general. The place of senator shall become vacant, if he is absent for two consecutive sessions, if he becomes a bankrupt, or insolvent, or applies for the benefit of any law relating 2 1 B. N. A. Act, ss. 26-27. See Sen. Deb. (1877) 84-94; Com. Deb. (1877) 371, for discussion on a case in which the Queen refused to appoint additional senators under section 29. Also Todd's Parl. Gov. in the Colonies, p. 164. The Earl of Kimberley, in his despatch on the subject, stated that her Majesty could not be advised to take the responsibility of interfering with the constitution of the Senate, except upon an occasion when it had been made apparent that a difference had arisen between the two houses of so serious and permanent a character that the government could not be carried on without her intervention, and when it could be shown that the limited creation of senators allowed by the act would apply an adequate remedy." The Senate, on the receipt of this despatch, passed resolutions approving of the course pursued by her Majesty's government. Jour. p.p. 130-4. 2 Ss. 29 and 30. to insolvent debtors or becomes a public defaulter; if he becomes a citizen or subject of any foreign power; if he is attainted of treason or convicted of any infamous crime; if he ceases to be qualified in respect of property or residence; provided that he shall not be considered disqualified in respect to residence on account of his residing at the seat of government, while holding an office in the administration. When a vacancy happens in the Senate, by resignation, death or otherwise, the governorgeneral shall, by summons to a fit and proper person, fill the vacancy. If any question should at any time arise respecting the qualification of a senator or a vacancy in the Senate, the same must be heard and determined by that house. 1 1 In arranging the representation of the House of Commons, the question arose in the Quebec conference as to the best mode of preventing the difficulty in the future of too large a number of members. It was to be expected that in the course of a few decades the population would largely expand, not only in the old provinces which first composed the dominion, but in the new provinces which would be formed sooner or later out of the vast North-West. Unless some definite principle was adopted to keep the representation within a certain limit the House of Commons might eventually become a too cumbrous, unwieldy body. It was decided "to accept the representation of Lower Canada as a fixed standard—as a pivot on which the whole would turn― since that province was the best suited for the purpose 1 B. N. A. Act, ss. 31, 32, 33. A peer who has been adjudged a bankrupt cannot sit and vote in the House of Lords, 34 and 35 Vict., c. 50, Imp. Stat.; 104 Lords' J., 138, 206, 321, 322, 342, 429. |