3 Matching Annotations
- Sep 2018
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primarydocuments.ca primarydocuments.ca
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Well, I ask the House, what is wrong in those two clauses ? At present, what is our position when a bill has passed the two Houses of our Legislature ? It is this : the bill is submitted for the sanction of the Governor General, and in nearly all cases is sanctioned without being referred to the Imperial Government. But if, for instance, the bill relates to a divorce, or to any question which concerns the Imperial Government, or if again it is a measure affecting our relations with our neighbors or any other nation, it is then reserved for Her Majesty’s sanction. When a measure is thus reserved, does the honorable member for Hochelaga suppose that the members of the English Government meet to take it into consideration ? Not at all ; there is in the Colonial Office a second or a third class clerk whose particular business it is, and who makes his report to the minister. This report decides either the sanction or the disallowance of the measure in question. If the measure is highly interesting to the country and is disallowed, we cannot blame any one and must submit, as the English ministry are not responsible to us. Under the Confederation this danger and inconvenience will no longer exist. In a case wherein the Local Government of Lower Canada should pass a law which the Lieutenant-Governor might think fit to reserve for the sanction of the Central Government, if the latter refused their sanction, although it was demanded by the people of the section, and there were no reason for this refusal, we should have our sixty-five members in the Central Parliament to protest against it, and who would unite and make combinations to turn out the ministry who should act in that manner.
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- Mar 2018
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primarydocuments.ca primarydocuments.ca
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It was felt that more advantage would arise by making the reference from the local to the general legislature direct than to have it go through the Colonial Office. It was plain the Queen, or Sovereign authority, must have the right of exercising the power of controlling legislation in the way which had existed for so many years in every part of the British dominions. There would be no object in sending over mere local bills to the Colonial Office or to the Queen for sanction. It was felt that points on which differences might arise on local bills would be better understood by ourselves in this country than by the Imperial authorities. If reserved, they would have to be referred back to the General Government for its advice as to their disposal ; and if this advice were given, the parties concerned would be ignorant of the advisers, who could not be held responsible. The principle upon which our Government was administered was, that no act was done without some one being responsible. It was desirable therefore that such advice should be tendered by parties who could be brought to account for it by the representatives from the section of the country concerned, in the General Parliament.
§§.56 and 58 of the Constitution Act, 1867.
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it was proposed to apply to its acts the same check as now existed over the acts of the several legislatures of the Provinces—that is to say, bills having passed the legislatures might either be reserved for Her Majesty’s assent, or having received the assent of Her representative, might be disallowed by the Queen within two years.
§.56 of the Constitution Act, 1867.
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