9 Matching Annotations
  1. Oct 2018
    1. Again, the establishment of a Federal or Federative union would, as l believe, be immediately followed by an agitation in favour of the election or the Local Governors, instead of their being nominated by the Crown. And it would be the more difficult to resist this application on account of the purely local or municipal character of the powers with which the Governors would he intrusted ; but the compliance with the request would he in my opinion-highly dangerous, not only because it would at once be fatal to British influence in the Local Governments and Local Legislatures, but also because it would, I believe, be followed quickly by a similar application from the United ‘Provinces, with regard to the Gov,ernor-Generalship, still more difficult to resist from the force With which it would be pressed, but the compliance with which would at once practically sever the connexion between the Crown and British North America.

      Preamble, §§.58, 91 and 92 of the Constitution Act, 1867.

  2. Sep 2018
    1. The honorable member has taken occasion to find fault with the clause of the resolutions which provides that the lieutenant-governors shall be appointed by the Central Government, and sees in it great danger, especially to Lower Canada. Mr. SPEAKER, I should very much like to know what protection the population of the different provinces derive from the fact that the governors of the British North American Provinces are sent out to us from England. Under the existing system, our governor is responsible neither to the people nor to the House ; he depends entirely upon the English Government, to which he is responsible. Under the system proposed the lieutenant-governors will be appointed by the Central Government, to which they will necessarily be responsible for their actions. And in that Government we shall have more than one vote ; we shall be represented in it by our ministers, who will be there to cause every encroachment or arbitrary act which the lieutenant-governor may allow himself to commit, to be condemned.

      §§.58, 59, and 60 of the Constitution Act, 1867.

  3. Apr 2018
    1. With respect to the local governments, it is provided that each shall be governed by a chief executive officer, who shall be nominated by the General Government. As this is to be one united province, with the local governments and legislatures subordinate to the General Government and Legislature, it is obvious that the chief executive officer in each of the provinces must be subordinate as well. The General Government assumes towards the local governments precisely the same position as the Imperial Government holds with respect to each of the colonies now; so that as the Lieutenant Governor of each of the different provinces is now appointed directly by the Queen, and is directly responsible, and reports directly to Her, so will the executives of the local governments hereafter be subordinate to the Representative of the Queen, and be responsible and report to him. Objection has been taken that there is an infringement of the Royal prerogative in giving the pardoning power to the local governors, who are not appointed directly by the Crown, but only indirectly by the Chief Executive of the Confederation, who is appointed by the Crown. This provision was inserted in the Constitution on account of the practical difficulty which must arise if the power is confined to the Governor General. For example, if a question arose about the discharge of a prisoner convicted of a minor offence, say in Newfoundland, who might be in imminent danger of losing his life if he remained in confinement, the exercise of the pardoning power might come too late if it were necessary to wait for the action of the Governor General. It must be remembered that the pardoning power not only extends to capital cases, but to every case of conviction and sentence, no matter how trifling— even to the case of a fine in the nature of a sentence on a criminal conviction. It extends to innumerable cases, where, if the responsibility for its exercise were thrown on the General Executive, it could not be so satisfactorily discharged, Of course there must be, in each province, a legal adviser of the Executive, occupying the position of our Attorney General, as there is in every state of the American Union. This officer will be an officer of the Local Government ; but, if the pardoning power is reserved for the Chief Executive, there must, in every case where the exercise of the pardoning power is sought, be a direct communication and report from the local law officer to the Governor General. The practical inconvenience of this was felt to be so great, that it was thought well to propose the arrangement we did, without any desire to infringe upon the prerogatives of the Crown, for our whole action shows that the Conference, in every step they took, were actuated by a desire to guard jealously these prerogatives.

      §.58 of the Constitution Act, 1867.

  4. Mar 2018
    1. With regard to the acts of the local legislatures, it was proposed they should, in like manner, either be reserved by the Lieutenant Governor, or should, if assented to by him, be liable to disallowance by the general government within one year.

      §.58 of the Constitution Act, 1867.

    2. 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.

    3. For, while they would be selected from among ourselves, they would be required to administer the Governments of their respective Provinces, not according to their own will and pleasure but according to the advice of officers who possessed the confidence of the Local Legislatures of those Provinces. Consequently we should always have the means of bringing about harmony, if any difficulty arose between any of the local bodies and the General Government, through the Lieutenant Governor, and we should have a system under which, all action beginning with the people and proceeding through the Local Legislature, would, before it became law, come under the revision of the Lieutenant Governor, who would be responsible for his action, and be obliged to made his report to the superior authority.

      §.58 of the Constitution Act, 1867.

    4. It was well that there should be those objects of ambition. At present the Bar and the Bench might be said to possess almost the only prizes the country offered to its public men. It was desirable, he thought, that we should have within our reach the opportunity of rewarding merit by appointing from among ourselves in the several Provinces those who should be the heads of the Local Governments and who should form the links of connection between the Local Governments and the General Government, holding to that General Government the same relations as were now held by the heads of the Provincial Governments to the imperial Government, and discharging the duties [Page 14] of their offices under the same local advice as that which the Governors now acted on.

      §.58 of the Constitution Act, 1867.

    5. it was felt there was no necessity whatever for their being in communication with the Imperial Government, but that on the contrary very great mischief might arise, if they were permitted to bold that communication. It was also thought that, in keeping the appointment of the Lieutenant Governors in the hands of the General Government, this further advantage would be gained ; the appointments would be conferred on men in our own country. (Hear, hear.) There would be a selection from the public men of intelligence and standing in the respective Provinces, and they would go to the discharge of the duties imposed upon them with experience gained in public life in the colonies whose local affairs they were called on to administer, so that they would carry to the administration of public affairs in the respective Provinces that valuable acquaintance with the feelings and habits of thought of the people which they had gained during their public life.

      §.58 of the Constitution Act, 1867.

    6. And the first change he had to draw their attention to was with reference to the appointment of the Lieutenant Governor who it was proposed should be appointed by the General Government. The reason why this was preferred to the appointment taking place as heretofore by the Crown was that it was intended that the communication between all the several Provinces and the Imperial Government should be restricted to the General Government.

      §.58 of the Constitution Act, 1867.