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.

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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; lb., 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.

governor, the governor-general in council may appoint an administrator to execute his office and functions.1

In the exercise of his functions, the lieutenant-governor of a province "should, of course, maintain that impartiality towards political parties, which is essential to the proper performance of the duties of his office, and for any action he may take he is, under the fifty-ninth section of the act, directly responsible to the governorgeneral." The only safe principle that he can adopt for his general guidance is that pointed out to him by the experience of the working of parliamentary institutions: to give his confidence to his constitutional advisers while they enjoy the support of the majority of the legislature.

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A question has been raised, how far a lieutenant-governor can now be considered to represent the Crown. It is beyond dispute, however, that he is fully authorized to exercise all the powers lawfully belonging to the sovereign in respect of assembling or proroguing, and of dissolving the legislative assemblies in the provinces.* A high judicial authority has expressed the opinion that "whilst it cannot for a moment be contended that the lieutenant-governors under confederation represent the Crown as the lieutenant-governors did before confedera

1 B. N. A. Act, ss. 63, 65, 66, 67.

2 Despatch of the colonial secretary, 1879; Can. Sess. P. 1880, No. 18, p. 8.

3 "They are officers of the dominion government—they are not her Majesty's representatives." Taschereau, J., in Lenoir vs. Ritchie. Can. Sup. Court R., vol. iii, p. 623. See also Ib., vol. v, Mercer vs. Att.-Gen. of O.

▲ Todd, pp. 392-93.

tion, yet it must be conceded that these high officials, since confederation, do represent the Crown, though doubtless in a modified manner. They represent the Queen as lieutenant-governors did before confederation, in the performance of all executive or administrative acts now left to be performed by lieutenant-governors in the name of the Queen.'

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The forty-first resolution of the Quebec conference declared that "the local government and legislature of each province shall be constructed in such manner as the existing legislature of each such province shall provide." Accordingly, in the last session of the old legislature of Canada, an address was passed to the sovereign praying her "to cause a measure to be submitted to the imperial parliament to provide for the local government and legislature of Lower and Upper Canada respectively." In accordance with this address the constitutions of Quebec and Ontario were formally incorporated in the British North America Act of 1867. The legislature of Ontario consists of only the lieutenant-governor and one house, named the legislative assembly, composed in the first instance of eighty-two members, elected for the same electoral districts which returned members to the House of Commons.3 After the census of 1871, there was a rearrangement of constituencies, and the number of representatives was increased to eighty-eight in all. In 1885

1 Ritchie, C. J., Mercer vs. Att.-Gen. of O., Can. Sup. Court R., vol. v, pp. 637, 643.

2 Leg. Ass. J. (1866), 362.

8 Leg. Ass. J. (1866) 363, resolution 12. B. N. A. Act, 1867, ss. 69, 70, 1st sch.

Chap. 8, Rev. Stat. of 1877, (38 Vict., c. 2, s. 1,) in which the electoral divisions are set forth.

the representation was again enlarged to ninety members, elected under a very liberal franchise.'

The legislature of Quebec consists of a lieutenantgovernor, a legislative council, and a legislative assembly. The legislative council comprises twenty-four members, appointed for life by the lieutenant-governor in the Queen's name, and representing the same electoral districts from which senators are chosen.2 The qualifi cations of the legislative councillors of Quebec are the same as those of the senators from the province. The legislative assembly is composed of sixty-five members, elected for the same electoral districts represented by the members of the House of Commons for the province.1 It is provided in the act that while it is always perfectly competent for the legislature of Quebec to alter these districts, it can only change the limits of certain constituencies, especially mentioned, with the concurrence of the majority of the members representing all those electoral divisions. The legislative assembly in each province is summoned by the lieutenant-governor in the

1 48 Vict., c. 2., Manhood suffrage qualified by residence.

2 Leg. Ass. J. (1866) 363; B. N. A. Act, 1867, s. 71, 72 and s. 22, subs. 3. Cons. Stat. of Canada, c. 1, Sch. A.

3 B. N. A. Act, ss. 73 and 23.

* Ss. 80 and 40; Doutre, p. 85.

5 These districts are Pontiac, Ottawa, Argenteuil, Huntingdon, Missisquoi, Brome, Shefford, Stanstead, Compton, Wolfe and Richmond, Megantic, town of Sherbrooke. Second Sched. B. N. A. Act, 1867. In these districts there is a large English-speaking and Protestant population, and it was considered expedient to insert this proviso securing its rights; but the provision was opposed in the legislature, in 1866, as unnecessary. Turcotte, II., 590.