FRANCHISE UNDER THE DOMINION ACT OF 1885. TITLE OF VOTERS.* Real Property Franchise. (1) Owner (a) in his own right.... (b) in right of wife..... (c) his wife owner.···· (2) Occupant (a) in his own right...... (a) Father owner.... (a) Father owner........ (5) Tenant (6) Tenant-Farmer's Son (a) Father tenant...... (b) Mother tenant.. (7) Fisherman (owner).........) (8) Indian... (except in Manitoba, British Columbia, Keewatin or N.W.T.) Income Franchise. (9) Income (10) Annuitant .. * This table is taken from the Manual on the Franchise Act by Mr. Thomas Hodgins, Q.C., as it gives in a very small compass the main features of the law regulating the dominion franchise. The Canadian Statutes regulating the trial of controverted elections, and providing for the prevention of corrupt practices at elections, have closely followed the English law on the subject, and in some respects are even more rigid. The first effort to refer contested elections to the judicial tribunals was made by the statute of 1873; but more ample and satisfactory provision was made in the act of 1874, which is now, with a few subsequent amendments, the law on the subject.1 The law providing for the independence of parliament and the prevention of corruption at elections is very strict. The provisions respecting the election of speaker, quorum, privileges, elections, money votes, royal assent and reserved bills, oath of allegiance, use of the French language, will be found in the British North America Act, 1867, given in the appendix to this work. Parliament has full control of all dominion revenues and duties, which form one consolidated revenue fund, to be appropriated for the public service in the manner, and subject to the charges provided in the Act of Union. The first charge thereon is the cost incident to the collection and management of the fund itself; the second charge is the annual interest on the public debts of the several provinces; the third charge is the salary of the governorgeneral, fixed at ten thousand pounds sterling. A bill 1 Rev. Stat. of Can., c. 9. See Bourinot's Parliamentary Practice, pp. 117-121. 2 Rev. Stat. of Can., c. 10. ⚫ lb., c. 11. Ss. 102-126. Rev. Stat. of Can., c. 29, respecting the consolidated revenue fund, collection and management of the revenue and auditing of public accounts. was passed in the first session, reducing this salary to six thousand five hundred pounds, but it was reserved, and subsequently disallowed on the ground "that a reduction in the salary of the governor, would place the office, as far as salary is a standard of recognition, in the third class among colonial governments." 1 Dom. Sess. P., 1869, No. 73. CHAPTER IX. CONSTITUTION OF THE PROVINCIAL GOVERNMENTS AND LEGISLATURES-ORGANIZATION OF THE NORTH-WEST TERRITORIES. Under the Act of 1867, the dominion government assumed that control over the respective provinces which was previously exercised by the imperial government.1 In each province there is a lieutenant-governor, appointed by the governor-general in council, and holding office for five years, but subject to removal at any time by the governor-general for "cause assigned," which must be "communicated to him in writing within one month after the order of his removal is made, and shall be communicated by message to the Senate and to the House of Commons within one week thereafter, if the parliament is then sitting, and if not, then within one week after 1 "The general government assumes towards the local governments precisely the same position that the imperial government holds now with respect to each of the colonies." Sir J. A. Macdonald, Conf. Deb., 1865, p. 42. Also Todd, Parl. Govt. in the Colonies, 415. the commencement of the next session of parliament."" Every lieutenant-governor, on his appointment, takes the same oaths of allegiance and office as are taken by the governor-general. In all the provinces he has the assistance of an executive council to aid and advise him in administering public affairs, and who, like the privy council of Canada, are responsible to the people through their representatives in the legislature. In case of the absence, illness, or other inability of the lieutenant 1 B. N. A. Act, 1867, ss. 58-59. In the memorable case of Mr. Letellier de St. Just, removed from the lieutenant-governorship of Quebec in 1879, it has been decided that the governor-general acts on the advice of his cabinet in considering the very delicate question of the removal of so important an officer. The colonial secretary, in a despatch of 5th July, 1879, lays it down distinctly "But it must be remembered that other powers, vested in a similar way by the statute in the governor-general, were clearly intended to be, and are in practice exercised by and with the advice of his ministers, and though the position of a governor-general would entitle his views on such a subject as that now under consideration to peculiar weight, yet her Majesty's government do not find anything in the circumstances which would justify him in departing in this instance from the general rule, and declining to follow the decided and sustained opinion of his ministers, who are responsible for the peace and good government of the whole dominion to the parliament to which the cause must be communicated." Can. Sess. P., 1880, No. 18, p. 8. For full particulars of this much vexed question see Sen. and Com. Hans., 1878 and 1879; Can. Sess. P., 1878, No. 68; 1b., 1879, No. 19; 1b., 1880, No. 18. For communication to parliament in accordance with law, Can. Com. Jour. (1880) 24; Sen. J. (1880), 22-23. Sec. 61, B. N. A. Act, 1867. See form of oaths in Can. Sess. P., 1884, No. 77. |