The district of Keewatin has been materially altered by the extension of the limits of Manitoba, in accordance with acts passed since 1876,1 and by the extension of the boundary of Ontario through the decision of the judicial committee of the privy council in 1884.'

Before passing from this historical review of the establishment of government in the North-West Territories, it is necessary to notice here the fact that it was found expedient to obtain certain legislation in 1871 from the imperial parliament in order to remove doubts that were raised in the session of 1869, as to the power of the Canadian legislature to pass the Manitoba Act, especially the provisions giving representation to the province in the Senate and House of Commons. It appears that the address passed in the first session of the parliament of Canada contained no provisions with respect to the future government of the country, whilst the general purview of the British North America Act, 1867, as respects representation in the Senate and House of Commons, seems to be confined to the three provinces of Canada, Nova Scotia and New Brunswick, originally forming the dominion. Whilst the admission of New

140 Vict., c. 6, defined new boundaries of the province of Manitoba and Keewatin. By 44 Vict., c. 14, the boundaries of the province of Manitoba were extended. See Rev. Stat. of Can. c. 53. For debates as to boundary question, see Sen. Hans. (1880-1) 606 et seq., Com. Hans. (1880-1) 2 vol. p. 1443 et seq. In accordance with a resolution passed in the session of 1882 four divisions were marked out in the North-West Territory for postal and other purposes, viz.; Alberta, Athabasca, Assiniboia, and Saskatchewan. Com. J. (1882) 509. Canada Gazette, Dec. 1882. * See infra., pp. 156.

foundland and Prince Edward Island is provided for, no reference is made to the future representation of Rupert's Land, and the North-West Territory, or British Columbia. Under these circumstances an act was passed through the imperial parliament substantially in accordance with a report submitted by the Canadian minister of justice to the privy council, and transmitted to the secretary of state for the colonies by the governor-general. This act gives the parliament of Canada power to establish new provinces in any territories of the dominion of Canada, not already included in any province, and to provide for the constitution and administration of such provinces. Authority is also given to the Canadian parliament to alter the limits of such provinces with the consent of their legislatures. The previous legislation of 1869 and 1870 respecting the province of Manitoba and the North-West, was sanctioned formally in the act.1

It is expressly provided in the British North America Act that the local legislature may amend from time to time the constitution of a province, except as regards the office of lieutenant-governor,' and the provinces of British Columbia and Manitoba have already availed themselves of the power thus conferred by abolishing

1 Imp. Stat. 34 and 35 Vict., c. 28; see Can. Stat. for 1872, p. lii. For history of this question, Sess. P. 1871, No. 20; ComJour. (1871), 136, 145, 291. The Imp. Act 31 and 32 Vict., c. 92, enabled the legislature of New Zealand to withdraw part of a territory from a province and form it into a county.

2 Sec. 92, sub-sec. 1, and as respects provinces coming in after 1867, see Can. Stat. 1870, c. 3, ss. 2. 10; 1872 p. lxxxviii., ss. 10 and 14; 1873, pp. xii-xiii, &c.

the legislative council. The provisions in the act relating to the speaker, quorum, mode of voting, appropriation and tax bills, money votes, assent to bills, disallowance of acts and signification of pleasure on reserved bills-that is to say, the provisions affecting the parliament of Canada, extend to the legislatures of the several provinces. In accordance with these provisions any bill passed by a legislature of a province may now be disallowed by the dominion government within one year after its passage.2 The lieutenant-governor may also reserve any bill for the "signification of the pleasure of his Excellency the Governor-General," and it cannot go into operation unless official intimation is received, within one year of its having been approved.3

1 See supra p. 102, (British Columbia); p. 101, (Manitoba); also p. 96, n. as to duration of Quebec legislature extended to five years.

2 Ss. 87, 90. Also Manitoba Act, 33 Vict. c. 3, ss. 2, 21; British Columbia, 1872, p. lxxxviii, s. 10; P. E. Island, p. xxii.

See chapter respecting bills in Bourinot's Parl. Practice and Procedure.

CHAPTER X.

DISALLOWANCE OF PROVINCIAL ACTS.

The same powers of disallowance that belonged to the imperial government previously to 1867, with respect to acts passed by colonial legislatures, have been conferred by the British North America Act on the government of the dominion. It is now admitted beyond dispute that the power of confirming or disallowing provincial acts has been vested by law absolutely and exclusively in the governor-general in council.' In the first years of the confederation it became, therefore, necessary to settle the course to be pursued in consequence of the large responsibilities devolved on the general

1 Can. Sess. P., 1877, No. 89, pp. 407, 432-34. In the Commons' papers will be found the arguments advanced by Mr. Blake, when minister of justice, to show that the Canadian ministry must be directly and exclusively responsible to the dominion parliament for the action taken by the governor in any and every such case, and that a governor who thinks it necessary that a provincial act should be disallowed, must find ministers who will take the responsibility of advising its disallowance. Ib. (1876) No. 116, pp. 79, 83. Ib. (1877) No. 89, pp. 449-458.

government. As it was considered of importance “that the course of local legislation should be interfered with as little as possible, and the power of disallowance exercised with great caution, and only in cases where the law and general interests of the dominion imperatively demanded it," the minister of justice in 1868 laid down certain principles of procedure, which have been generally followed up to the present time. On the receipt of the acts passed in any province, they are immediately referred to the minister of justice. He thereupon reports those acts which he considers free from objection of any kind, and if his report is approved by the governor in council, such approval is forthwith communicated to the provincial government. He also makes separate reports on those acts which he may consider: :

1. As being altogether illegal or unconstitutional. 2. As illegal or unconstitutional in part.

3. As, in cases of concurrent jurisdiction, clashing with the legislation of the general parliament.

4. As affecting the interests of the dominion generally. It has also been the practice, in the case of measures only partially defective, not to disallow the act in the first instance; but, if the general interests permit such a course, to give the local government an opportunity of considering the objections to such legislation and of remedying the defects therein.1

Perhaps no power conferred upon the general government is regarded with greater jealousy and restlessness than this power of disallowing provincial enactments. So far, this power has been exercised in relatively few cases

1 Report of Sir J. A. Macdonald, Can. Sess. P., 1870, No. 35, pp. 6-7.