159 Matching Annotations
  1. Mar 2021
    1. Cells reconstituted with WT-PALB2 showed substantially less sensitivity to olaparib than cells expressing p.A1025R and p.I944N (Fig. 4a). Similar results were observed for cisplatin treatment, although the difference in sensitivity was less pronounced (Fig. 4b). p.L24S, p.L1070P, and p.L35P were also associated with greater sensitivity to olaparib (Fig. 4c) and cisplatin (Fig. 4d) than WT-PALB2.

      AssayResult: 0.01 µM: 90; 0.1 µM: 60; 0.8 µM: 15; 1 µM: 15

      AssayResultAssertion: Abnormal

      Approximation: Exact cisplatin concentrations and assay result values not reported; values estimated from Figures 4b and 4d.

    2. p.A1025R is known to disrupt the interaction between the C-terminus of PALB2 and BRCA2

      HGVS: NM_024675.3:c.3073_3074delinsCG p.(Ala1025Arg)

    3. Cells reconstituted with WT-PALB2 showed substantially less sensitivity to olaparib than cells expressing p.A1025R and p.I944N (Fig. 4a). Similar results were observed for cisplatin treatment, although the difference in sensitivity was less pronounced (Fig. 4b). p.L24S, p.L1070P, and p.L35P were also associated with greater sensitivity to olaparib (Fig. 4c) and cisplatin (Fig. 4d) than WT-PALB2.

      AssayResult: 0.01 µM: 60; 0.08 µM: 55; 0.8 µM: 40; 8 µM: 15

      AssayResultAssertion: Abnormal

      Approximation: Exact Olaparib concentrations and assay result values not reported; values estimated from Figures 4a and 4c.

      Comment: This variant was used as an abnormal control in other assays in this publication, but it was not specifically designated as a control in this assay.

  2. Sep 2020
  3. Jun 2020
  4. Oct 2018
    1. A Legislative union of the British North American Provinces is not liable to all the objections which, as I believe, apply. to a Federal or Federative union; but it is liable to the objection that great discontent in the Lower Provinces would follow the centralization in one Government, and in one Legislature, at Quebec or Montreal, of the powers and authority now vested in the Governments and Legislatures of the several provinces; and, moreover, I believe that no single Government or single Legislature could, in present circumstances, satisfactorily govern and legislate for a territory extending over an area so immense, and so sparsely populated as many portions of that territory are.

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

    2. 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.

    3. union which they contemplate is not to be necessarily of the same character as that which binds together the several States of the neighbouring Republic. But upon whatever basis a Federative union might be formed, it must, I think, be liable -to one of two objections, either of which ought, as it appears to me, to be fatal to such a scheme. For if the Local Governments and Local Legislatures are still to- continue to exercise the same authority in local legislation and local matters which now appertains to them (and there is comparatively little business of any other description which they are now called upon to discuss), then the result of such a union will be still further to degrade the Local Governments and Legislatures without diminishing their authority while the ‘Central Government and Central Legislature, nominally endorsed with high powers, and proud of their position, but with little or no business of a purely Colonial character to occupy their attention, would, I fear, claim an authority on subjects not purely Colonial, but also of Imperial importance (such as questions of foreign trade, &c.), and shortly be brought into collision with Her Majesty’s Government and with the Imperial Parliament. If, on the other hand, the Local Governments and Local Legislatures were shorn of a large portion or their present powers (to which proposal 1 do not believe that the Lower Provinces would agree), the inhabitants of the Lower Provinces would, in my opinion, very soon, if not immediately, become discontented with an arrangement which would deprive them of -the power they now possess over the management of their own affairs, and render New Brunswick, Nova Scotia, and Prince Edward’s Island, Provinces of Canada, instead of being, as they now are, Provinces of the British Empire.

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

    4. I presume that the word ‘”Federative” has been used ‘in the Memorandum of the Executive Council of Canada to imply that the

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

    5. should embrace the question of a Legislative, as well as that of a Federal or Federative union, and the expediency of uniting some, as well as that of uniting all the provinces

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

    6. ment to this may be added that, by the proposed distribution of the revenue, each province would have a direct pecuniary interest in the preservation of the authority of the Federal Government. In these respects’ it is conceived that the proposed Confederation would possess greater inherent strength than that of the United States, and would combine the advantages of the unity for general purposes of a Legislative union, with so much of the Federative principle as -would give all the benefits of local government and legislation upon questions of provincial interest.

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

    7. The Local Legislatures would not be in a position to claim the exercise of the same sovereign power-, which have frequently been the cause of difference between the American States and their General Govern-

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

    8. It will be observed that the basis of confederation now proposed differs from that of-the-United States in several important particulars. It does not profess to be derived from the people, but would be the Constitution provided by the Imperial Parliament; thus affording the means of remedying any defect, which is now practically impossible under the American Constitution.

      §§.91, 91(1), and 92(1) of the Constitution Act, 1867.

      Part V of the Constitution Act, 1982.

    9. That the powers of the Federal Legislature and Government should comprehend the Customs, Excise, and all trade questions; postal service, militia, banking, currency, weights and measures, and bankruptcy; public works of a national character; harbours and lighthouses; fisheries, and their protection; criminal justice; public lands, public debt, and government of unincorporated and Indian territories.

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

    10. That the Federal, Government should be composed of a Governor General, or Viceroy, to be appointed by the Queen; of an Upper House, or Senate, elected upon a territorial basis of representation and of a House of Assembly, elected on the basis of population., The Executive to be composed of Ministers, responsible to the Legislature:

      Preamble, §§.22, 91, and 92 of the Constitution Act, 1867.

  5. Sep 2018
    1. The whole of the clauses which refer to the latter are as complete as the most ardent supporters of union could desire, tempered by the lew exceptions by means of which the provinces have wished to shelter their local institutions from attack.

      §§.92(14) and 101 of the Constitution Act, 1867. of the Constitution Act, 1867.

    2. The 34th paragraph of the 29th clause of the scheme reads thus: ” The establishment of a General Court of Appeal for the Federated Provinces.” What is the object—what will be the character of the tribunal?

      §§.92(14) and 101 of the Constitution Act, 1867. of the Constitution Act, 1867.

    3. It appears therefore that the only alternative which now offers itself to the inhabitants of Lower Canada is a choice between dissolution pure and simple, or Confederation on one side, and representation by population on the other. And however opposed Lower Canada may be to representation by population, is there not imminent danger that it may be finally imposed upon it, if it resist all measures of reform, the object of which is to leave to the local authorities of each section the control of its own interests and institutions. We should not forget that the same authority which imposed on us the Act of Union, or which altered it without our consent, by repealing the clause which required the concurrence of two thirds of the members of both Houses in order to change the representation respecting the two sections, may again intervene to impose upon us this new change.

      Preamble, Part V, §§.51, 52, 91, 91(1), 92, and 92(2) of the Constitution Act, 1867. of the Constitution Act, 1867.

    4. The example of the neighboring states, in which the application of the Federal system has shown us how fitting it was to the government of an immense territory, inhabited by people of different origins, creeds, laws and customs, has no doubt suggested the idea; but it was only in 1856 that this proposition was enunciated before the Legislature by the Lower Canadian Opposition, as offering, in its opinion, the only effective remedy for the abuses produced by the present system.

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

    5. The honorable member for Brockville, the Honorable Postmaster General, the Speaker, and other members representing Lower Canadian counties in the present Parliament, have voted for representation by population. Before long, it will be impossible to resist the demands of Upper Canada in this respect. If representation by population is not granted now, it will infallibly obtain it at a later period, but then without any guarantees for the protection of the French- Canadians. The repeal of the union, a Federal union, representation based on population, or some other great change must in all necessity take place, and for my part I am disposed to consider the question of representation by population, in order to see if it may not be conceded with guarantees for the protection of the religion, the language, and the laws of Lower Canadians. I am equally ready to take into consideration the project of a Confederation of the provinces, leaving to each section the administration of its local affairs, as for example the power of regulating its own civil, municipal and educational laws; and to the General Government the administration of the public works, the public lands, the post-office department, and commerce.

      §§.51, 52, 91, and 92 of the Constitution Act, 1867. of the Constitution Act, 1867.

    6. With the control of our public lands in our own hands, we can attract the tide of emigration, retain our own people in the country, and advance in prosperity as rapidly as the other provinces.

      §§.92(5), 95, and 109 of the Constitution Act, 1867.

    7. The Federal system is the normal condition of American populations; for there are very few American nations which have not a political system of that nature. The Federal system is a state of transition which allows the different races inhabiting the same part of the globe to unite, with the view of attaining national unity and homogeneousness. Spain, Belgium, France, and several other European countries were formerly peopled by different races, who constituted so many different communities; but they became united, they entered into confederations, and in the course of ages all the communities were consolidated into those which we now see—into everything that is held to be beautiful, noble and great throughout the whole world. When the Federal system has been put in practice in an enlightened manner, it has always sufficed for the requirements of those who adopted it.

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

    8. These powers of the Federal Government are not, as we understand the matter, to be exercised, except as regards the following subjects, viz., Commerce, comprising purely commercial laws, such as laws respecting banks and other institutions of a general financial character, coinage, and weights and measures; Customs, including the establishment of a uniform tariff, and the collection of the revenue resulting therefrom; great Public Works and Navigation, such as canals, railways, telegraph lines, great seaport works and the lighting of the coast; Post Office arrangements, both in their entirety and in their internal and external details; the Militia in the entirety of its organization; Criminal justice, comprising all offences which do not come under the jurisdiction of the police courts and justices of the peace. Everything else connected with civil law, education, public charities, the settlement of public lands, agriculture, city and rural police, road works, in fact, with all matters relating to the family life, so to speak, of each province, will remain under the exclusive control of the respective Local Government of each one of them, as by inherent right; the powers of the Federal Government being looked upon as merely a concession of rights, which are specially designated.

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

    9. [Page 576]
    10. [Page 575]
    1. If, as has been alleged, a legislative union is unattainable, because inconsistent with due securities for the rights guaranteed to the French Canadians, by treaty or by the Quebec Act, and Federation is therefore the only alternative, the vital question for the framers of this Constitution is how the inherent weakness of all federations can in this instance be cured, and the Central Government armed with a sovereignty which may be worthy of the name. It is the essence of all good governments to have somewhere a true sovereign power. A sovereignty which ever eludes your grasp, which has no local habitation, provincial or imperial, is in fact no government at all. Sooner or later the shadow of authority which is reflected from an unsubstantial political idea must cease to have power among men. It has been assumed by those who take a sanguine view of this political experiment, that its authors have steered clear of the rock on which the WASHINGTON Confederacy has split. But if the weakness of the Central Government is the rock alluded to, we fear that unless in clear water and smooth seas, the pilot who is to steer this new craft will need a more perfect chart than the resolutions of the Quebec Conference afford, to secure him against the risks of navigation.

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

    2. What we have to fear, and if possible to guard against, is the constant peril of a three-fold conflict of authority implied in the very existence of a federation of dependencies retaining, as now proposed, any considerable share of intercolonial independence.

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

    3. Her Majesty’s Government cannot but express the earnest hope, that the arrangements which may be adopted in this respect may not be of such a nature as to increase—at least in any considerable degree—the whole expenditure, or to make any material addition to the taxation, and thereby retard the internal industry, or tend to impose new burdens on the commerce of the country.

      §.92(2) of the Constitution Act, 1867.

    4. First, an objection is raised as to the want of accurate determination of the limits between the authority of the Central and that of the local legislatures.

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

    5. We are here proposing to create in this part of the Queen’s dominions a mere sub-federation, so to speak, tending, so far as it tends to anything, towards the exclusion of this kind of provision.

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

    6. if our connection with the Empire is to last, we must have—this department of our public affairs attended to by a regularly appointed Minister of the Crown here, who, whenever occasion requires, may explain them and who shall be responsible to this House. Of course, nobody denies that the Governor General is the channel of communication between us and the Imperial Government. He is the Queen’s representative and servant, and his communications with the Home Government must be of the most confidential character, except in so far as he may see fit to make them known. But fully admitting this, still besides those communications of this character which he may, have and indeed at all times must have unrestrictedly with the Imperial Government, there should be—and, if our Imperial relations are to be maintained, there must be—a further class of communications between the two governments, as to which the Governor should be advised by a minister whose particular duty it should be to manage affairs between the Mother Country and ourselves, and to be in effect a local adviser, as to such matters, of the Imperial advisers of the Crown in England.

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

    7. dency. (Hear, hear.) All the great provinces are flying off too much, attending too exclusively to mere local considerations, too little to those of the general or Imperial kind. And at home, as we seem to be flying off, they, too, are thinking of us and of the interests they and we have in common less and less. What is wanting, if one is to look to the interest of the Empire, which is really that of all its parts—what is wanting, as I have said, is an effective federalization of the Empire as a whole, not a subordinate federation here or there, made up out of parts of it. I have neither time nor strength to-night to go fairly into the question of how this thing should be done; but a few words more as to that, I must be pardoned for.

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

    8. Your Federal Government will occupy about as anomalous a position between the Imperial and provincial governments as I showed, last night, will be occupied by your lieutenant governors between the Federal authority and the provinces. Both will be out of place, and to find themselves in work they must give trouble. I do not see how they can do good, but I do see how they can do any quantity of harm. (Hear, hear.) The real difficulty in our position is one that is not met by the machinery here proposed. What is that difficulty? In the larger provinces of the empire we have the system of responsible government thoroughly accorded by the Imperial Government, and thoroughly worked out; and the difficulty of the system that is now pressing, or ought to be, upon the attention of our statesmen is just this—that the tie connecting us with the Empire, and which ought to be a federal tie of the strongest kind, is too slight, is not, properly speaking, so much as a federal tie at all. These provinces, with local responsible government, are too nearly in the position of independent communities; there is not enough of connection between them and the parent state to make the relations between the two work well, or give promise of lasting long. There is in the machinery too much of what may be called the centrifugal ten-

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

    9. when we propose to create a Federal Government between the Imperial and Provincial, we are equally proposing to create a something which, having nothing of its own to do, must find work by encroaching on the functions of the Imperial and provincial governments in turn, with no place among nations, no relations with other countries, no foreign policy; it will stand in just the same position towards the Imperial Government as Ganada now stands in, or as Upper or Lower Canada before the union used to occupy. That intermediate work of government which is now done by the Province of Canada, the Province of New Brunswick, the Province of Nova Scotia, the Province of Prince Edward Island and the Province of Newfoundland, is to be done, part by the Federal Government and part by the provinces. The work is simply divided that is now done by the provincial legislatures and governments, and in my opinion there is no use in this subdivision of work at all. You are putting this fifth wheel to the coach, merely to find out that a misfitting odd wheel will not serve any useful purpose, nor so much as work smoothly with the other four.

      §§.91, 92, and 132 of the Constitution Act, 1867.

    1. [Page 264]
    2. [Page 263]
    3. [Page 248]
    4. what is meant by the regulation of the law of divorce ; but what is meant by the regulation of the marriage question ? Is the General Government to be at liberty to set aside all that we have been in the habit of doing in Lower Canada in this respect ? Will the General Government have the power to determine the degree of relationship and the age beyond which parties may marry, as well as the consent which will be required to make a marriage valid ?

      §§.91(26) and 92(12) of the Constitution Act, 1867.

    5. There is a provision that the nomination of the judges of the superior courts shall be vested in the General Government, but it would seem that the constitution of the courts is to be left to the local governments ; and I put the question, What does this mean ? Do you mean that the local governments are to establish as many courts as they please, declare of how many judges they will be composed, and that the General Government will have to pay for them ? Is a local government to say, here is a court with three judges ; we want five, and those five must be appointed and paid by the General Government ?

      §§.92(14), 96, and 100 of the Constitution Act, 1867.

    6. And when we are making arrangements calculated to last for all time to come, is it not vastly more important that the same safe and equitable principle should be recognized? (Hear, hear.) The honorable gentleman recognized it himself in the most marked manner, by placing in the resolutions guarantees respecting the educational institutions of the two sections of Canada. The Roman Catholics of Upper Canada were anxious to have their rights protected against the hand of the Protestant majority, and, where the Protestants are in a minority, they are just as anxious to have their rights permanently protected. But, sir, the whole scheme, since it must be taken or rejected as

      §§.91, 92, and 93 of the Constitution Act, 1867.

    7. That is a glorious doctrine to instil into society.

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

    8. Experience shows that majorities are always aggressive, and it cannot well be otherwise in this instance. I t therefore need not be wondered at that the people of Lower Canada, of British origin, are ready to make use of every means to prevent their being placed at the mercy of a preponderating population of a different origin. I agree with them in thinking that they ought to take nothing on trust in this matter of entering upon a new state of political existence, and neither ought we of French origin to do so, in relation to the General Government, however happy our relations to each other may be at present.

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

    9. Memorandum—Confidential. The Government are prepared to state that immediately after the prorogation, they will address themselves, in the most earnest manner to the negotiation for a Confederation of all the British North American Provinces. That failing a successful issue to such negotiations, they are prepared to pledge themselves to legislation during the next Session of Parliament for the purpose of remedying the existing difficulties hy introducing the Federal principle for Canada alone, coupled with such provisions as will permit the Maritime Provinces and the North-western Territory to be hereafter incorporated into the Canadian system. That for the purpose of carrying on the negotiations and settling the details of the promised legislation, a Royal Commission shall be issued, composed of three members of the Government and three members of the Opposition, of whom Mr. BROWN shall be one, and the Government pledge themselves to give all the influence of the Administration to secure to the said Commission the means of advancing the great object in view. This was the first memorandum communicated to the member for South Oxford, but that hon. member did not accept of it. This memorandum proposed the scheme which is now brought to the House, and I repeat, that scheme was not accepted by the honorable member for South Oxford, but an understanding was come to, which is to be found in the next memorandum, which was communicated to the House in these terms :— The Government are prepared to pledge themselves to bring in a measure next session for the purpose of removing existing difficulties, by introducing the Federal principle into Canada, coupled with such provisions as will permit the Maritime Provinces and the North-West Territory to be incorporated into the same system of government. And the Government will seek, by sending representatives to the Lower Provinces and to England, to secure the assent of those interests which are beyond the control of our own legislation to such a measure as will enable all British North America to be united under a General Legislature based upon the Federal system. There is a vast difference, Mr. SPEAKER, between these two propositions. The first was that the Government would pledge themselves to seek a Confederation of the British American Provinces, and if they failed in that to Federate the two Canadas, and this was rejected ; the second, which was accepted by the President of the Council, pledged the Government to bring in a measure for the Confederation of the two Canadas with provision for the admission of the other provinces when they thought proper to enter.

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

    10. Lower Canada in the position of having to trust for the protection of their rights to the people of Upper Canada, who would thereby have the majority in the Legislature.

      §§.51, 91, and 92 of the Constitution Act, 1867.

    11. I always stated that the difference existing in the religious faith of the people of the two sections, in their language, in their laws, in their prejudices even—for there are prejudices which were respectable and ought to be respected—would prevent any member from Lower Canada, representing a French constituency, from voting for representation by population, pure and simple, and thereby placing the people of

      §§.51, 91, and 92 of the Constitution Act, 1867.

    12. Hon. Finance Minister, who then sat on the cross-benches, made a speech of two or three hours’ duration, in which, with all that force and ability for which he is distinguished, he expounded and advocated the Confederation of the whole of the British North American Provinces. He was then assisted in its advocacy by the present Hon. Minister of Agriculture ; and, subsequently, on becoming a member of the CARTIER-MACDONALD Administration, he went to England and drew the attention of the Imperial authorities to the scheme of Confederation of all those provinces. The Hon. Finance Minister received an answer not very encouraging ; and that which he received from this country was still less encouraging. There was not even an answer to his speech, able though it certainly was —

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

    1. [Page 215]
    2. Now, these rights, at the very least, ought certainly to be confided to the highest legislative authority. I go further and maintain that guarantees for those rights ought to be placed in the written Constitution, that they ought to be beyond the power of interference by the legislative authority, and that they should be guarded by the judicial decisions of the highest courts in the country. In that case there would be a protection for property, but in this Constitution there is no such protection for property either in Upper or Lower Canada.

      §§.91 and 92(13) of the Constitution Act, 1867.

    3. the people of Upper Canada in 1859—and I find here what they conceive to be the true remedy thus stated :— ” The true remedy !” What then is the remedy best adapted to deliver the province from the disastrous position it now occupies ? We answer —dissolve the existing legislative union. Divide Canada into two or more provinces with local executives and legislatures having entire control over every public interest except those, and those only, that are necessarily common to all parts of the province. Let no public debt be incurred by the legislatures, until the sanction has been obtained by direct vote. Establish some central authority over all, with power to administer such matters, and such only as are necessarily common to the whole province. Let the functions of this central authority be clearly laid ; let its powers be strictly confined to discharging specified duties. Prohibit it from incurring any new debt, or levying more taxation than is required to meet the interest of existing obligations, discharge its own specified duties, and gradually pay off the national debt. Secure these rights by a written constitution, ratified by the people, and incapable of alteration except by their formal sanction.

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

    4. My hon. friend from Wellington admits that under the Constitution we have the power to alter the constitution of this House in so far as it relates to Canada, but he says we are not authorized to extend our action to the other provinces, in a scheme of Federal union. That is begging the question. I answer his objection that any change affecting the elective principle is a breach of trust. Besides, we do not propose to enact a system of Government embracing all British North America We have not the power to do so. We merely propose to address Her Majesty on the subject. The Imperial Parliament alone has that power ; but if we have power without a breach of trust to alter the constitution of the Legislative Council of Canada (and my hon. friend admits this), then, certainly, we cannot be guilty of a breach of trust in suggesting a change embraced in a Constitution for the various provinces.

      §§.91(1) and 92(1) of the Constitution Act, 1867.

    5. and dissent from others, of his opinions. The essential conditions of a valid trust to express particular opinions in Parliament are then wanting. The persons nominating him to his office, do not concur as to the opinions which he is to express. How then can a trust exist which it is impossible to define. The real trust imposed on the representative is co-extensive with those obligations, which alone the trust-makers can generally confer on him,—namely, to exercise his representative power honestly and discreetly. This argument, of course, assumes that the candidate has not defined his parliamentary obligations by unconditional pledges.

      §§.91(1) and 92(1) of the Constitution Act, 1867.

    6. That the elective members had received a sacred trust to exercise ; that they were seut here by their constituencies to represent them, and to do that only. Under these circumstances, how could they conceive they had the power to vote away the rights of their electors? That was not their mandate, and if they did, they would be doing that which they had no authority to do ; they would be doing that which they could not do without going beyond the authority con faded to them. Now, it must be frankly admitted that if the hon. gentleman’s position’ be correct, then his objection would be fatal to any elected member giving his concurrence to the scheme of the Conference. But , hon. gentlemen, let us enquire what is the position of a representative. Two elements enter into the idea of representation— namely, power and duty. A representative derives the former from his constituents acting by their majority, under the Constitution. From what source does he derive the latter ? Obviously not from his constituents, because even the majority are not agreed on all points connected with the discharge of his duty. My hon. friend (Hon. Mr. SANBORN) has spoken of the position of a representative, as being that of a trustee. I shall quote from a very able work on the British Commonwealth, in which that position is, to my mind, very fully and very satisfactorily proved to be incorrect. Cox says :— Any trust, to be obligatory in conscience, must be defined by the self-same persons who appoint the trustee, or the person who is to fulfil the trust. His powers and duties must be derived from identically the same authority, for it obviously would be contrary to morals, as it is to law, that a man would be bound in conscience to exercise, in a particular way, powers delegated to him by several others, when trey themselves, while delegating those powers, differ as to the mode in which they are to be exercised. For, which of the different ways is the trustee to choose? By whom of those who appoint him is he to be guided in preference to the rest ? At the most he is bound to exercise his trust in a particular way in those particulars only respecting which the trust makers are agreed. Let us now apply this abstract principle of equity to the relations between a representative and his constituents. Regard him as their trustee. With respect to the source of his power there is no ambiguity ; it is derived from his constituents acting by their majority. But from whom does he derive the duty of expressing this or that opinion in Parliament ? In what particular are the trust-makers agreed? The very majority who voted for him are rarely, perhaps never, all agreed on any one point on which their opinions have been compared with his. Some of them differ from him on some points, some on others, but they all voted for him, from personal consideration, or because of their agreement with him on those points which they respectively deemed most important. In the minority, also, are probably some electors who assent to some,

      §§.91(1) and 92(1) of the Constitution Act, 1867.

    7. HON. MR. CHRISTIE—A number of the representatives in the Federal Congress who voted for it were democrats, and without their concurrence and support it could not have been carried. Besides, that was only an amendment, not a revision of the Constitution. The Constitution of the United States was not the work of a party. The revision of the Constitution of the State of New York, in 1846, was not the work of a party I t is not desirable that any Constitution should be the work of a party ; in so important an undertaking all party spirit should be laid aside. (Hear, hear.) Why ? Because men of all parties are alike interested in the formation of a Constitution, and because in the construction of such an instrument , the collective wisdom of the leading men of all parties is needed. Besides, a Constitution so framed will be more likely, as my hon. friend from Wellington has so well said, to live in the hearts and affections of the people. (Hear, hear.) To show the good sense of our neighbors on this point, they do not give the revision of a Constitution—and the work of the Conference was a revision of our Constitution—to any party, but to men specially chosen for the purpose, irom all parties ; and I think the Governor General, and the Lieutenant-Governors of the Lower Provinces acted most wisely when they selected men of all shades of political opinion to compose this Conference and to prepare this Constitution, because all party views and feelings being laid aside, the whole object and motive of the members of the body was to devise a scheme which would best tend to promote the good of their common country. (Hear , hear.)

      §§.91(1) and 92(1) of the Constitution Act, 1867.

    8. HON. MR. CHRISTIE—The hon. gentleman, I see, has not changed the ground which he took the other day, and which is precisely as I stated it. He thinks it would have been to the public advantage if this question had been taken up and discussed by a party. In this, in my judgment, he is entirely wrong; and I say he can find no instance of a constitution having been revised by a party.

      §§.91(1) and 92(1) of the Constitution Act, 1867.

    9. The honorable gentleman very correctly stated the manner in which the Federal Constitution may be amended, but he is in error as to the mode in which state constitutions may be revised. One of the most important of the States revised its Constitution in 1846. I refer to the State of New York. The modus operandi on that occasion was as follows :—An act was passed in the State Legislature authorizing the electors at large to choose delegates to a convention, for the express purpose of revising the Constitution. The instrument passed by the convention was then submitted to the Legislature for approval ; but the Legislature had no power to alter it. It had either to be rejected or accepted as a whole. It was so accepted, none of the details being altered. My hon. friend will see that while the Conference was composed of leading representatives of the people in the various provinces, those conventions are composed of gentlemen elected by the people for that special purpose; and that the only difference between them is in the mode of selection. However, in both cases, all political parties are represented.

      §§.91(1) and 92(1) of the Constitution Act, 1867.

    10. Whenever a majority of the House of Representatives shall deem it necessary to alter or amend this Constitution, they may propose such alterations and amendments, which proposed amendments shall be continued to the next General Assembly, and be published with the laws which may have been passed at the same session, and if two-thirds of each house, at the next ses-

      §.92(1) of the Constitution Act, 1867.

    11. sion of said Assembly, shall approve the amendments proposed, by yeas and nays, said amendments shall, by the Secretary, be transmitted to the town, clerk in each town in this State, whose duty it shall be to present the same to the inhabitants thereof, for their consideration, at a town meeting legally warned and held for that purpose ; and if it shall appear in a manner provided by law, that a majority of the electors present at such meetings shall have approved such amendments, the same shall be valid, to all intents and purposes, as a part of this Constitution. That is the way one of the oldest states guards the rights and liberties of its people. Then here is another extract from the Constitution of the State of Mississippi, one of the new states, showing how the people there are protected against hasty innovation :— Whenever two-thirds of the General Assembly shall deem it necessary to amend or change this Constitution, they shall recommend to the electors, at the next election for members of the General Assembly, to vote for or against a convention; and if it shall appear that a majority of the citizens of the state, voting for representatives, have voted for a convention, the General Assembly shall, at their next session, call a convention, to consist of as many members as there may be in the General Assembly, to be chosen by the qualified electors in the manner, and at the times and places of choosing members of the General Assembly ; which convention shall meet within three months after the said election, for the purpose of revising, amending, or changing the Constitution.

      §.92(1) of the Constitution Act, 1867.

    12. alluded the other day to the conservative feature of the Senate in the United States, in allowing the same representation to small states as to the larger states. But this does not at all affect the general arrangement, because the large majority are large states. But while my honorable friend approves of this portion, he should have expressed an opinion on the whole system. In the United States, no change of Constitution can be effected without the consent of two-thirds of both branches of the Legislature, and that must afterwards be sanctioned by three fourths of the state governments. This is a conservative feature also.

      Part V, §§.22 and 92(1) of the Constitution Act, 1867.

    13. We have had the Constitution of 1841 altered more than once—twice at least—since the union. If we find that some parts of the machinery do not work—if, after the establishment of the Confederation, we find some little error has been made—-we will then, no doubt, have power and authority also to alter it.

      §§.91(1) and 92(1) of the Constitution Act, 1867.

    14. What shall I say on the subject of marriage—the basis of all our institutions ? Is it not dangerous to have it at the mercy of the Federal Government ? We shall soon be told probably that it is but a sounding affair, and before long, mayors will take the place of the curés, and will celebrate the marriages of their constituents. Our laws which regulate our marriages at present are very important to us, and are based on the Roman law. These are the only laws suitable to Canadians, and the wise provisions characterizing them were the fruit of the experience of several ages. We should not incur the risk of any change in them by a legislature, the majority of whose members do not hold our opinions on this subject.

      §§.91(26) and 92(12) of the Constitution Act, 1867.

    1. accustom the people to direct taxation

      §§.91(3) and 92(2) of the Constitution Act, 1867.

    2. however, have said that they were in favor of direct taxation for the support of the local governments, because it would lead those who have to pay the taxes to look more closely into what was going on, and the manner in which their money was expended. (Hear, hear.) There seems also to have been a feeling in the Lower Provinces in favor of a legislative union, and the Hon. Mr. GREY seems to be combatting that idea. He says that with a legislative union, municipal institutions, and direct taxation in every province, would be the only means of getting along. He expressed himself as opposed to that and in favor of a Federal union, which he thought would afford them all the advantage that could be attained, commercially, by union, and would allow each province to retain control over its own local affairs. The local legislatures, he said, were to be deprived of no power over their own affairs that they formerly possessed. But in Canada it was represented that the local legislatures were to be only the shadow of the General Legislature—that they were to have merely a shadow of power, as all their proceedings were to be controlled by the Federal Government. That is the position taken by the advocates of the measure on this floor. So it seems that those gentlemen who have represented to us that they acted in great harmony, and came to a common decision when they were in conference, take a widely different view of the questions supposed to have been agreed upon, and give very different accounts of what were the views of parties to the conference on the various subjects. (Hear, hear.) In the Lower Provinces they were strongly opposed to direct taxation, while here it was present end as one of the advantages to accrue from the Federation. (Cries of No, no.) Well, Mr. SPEAKER, I say yes. That view of the case has been taken. If the amount allowed for the expenses of local legislation—the 80 cents per head—was found insufficient, the local parliaments must resort to direct taxation to make up the deficiency, while in tile Lower Provinces, it seems, nothing of that kind was to follow.

      §§.91(3), 92(2), and 121 of the Constitution Act, 1867.

    3. The Federal character of the United States Government has been referred to prove that it has increased the prosperity of the people living under it; but in point of fact the great and relentless war that is now raging there—that fratricidal war in which brother is arrayed against brother, filled with hatred toward each other, and which has plunged the country into all the horrors of the deadliest strife—is the strongest comment upon the working of the Federal principle—the strongest argument against its application to these provinces. (Hear, hear.) The French element in Lower Canada will be separated from us in its Local Legislature and become less united with us than it is now ; and therefore there is likely to be disagreement between us. Still more likely is there to be disagreement when the people of Upper Canada find that this scheme will not relieve them of the burdens cast upon them, but, on the contrary, will subject them to a legislature that will have the power of imposing direct taxation in addition to the burdens imposed by the General Government. When they find that this power is exercised, and they are called upon to contribute as much as before to the General Government, while taxed to maintain a separate Local Legislature—when they find that the material question is to weigh with them, they will look to the other side of the line for union. I feel that we are going to do that which will weaken our connection with the Mother Country, because if you give power to legislate upon the same subjects to both the local and the federal legislatures, and allow both to impose taxation upon the people, disagreements will spring up which must necessarily have that effect. (Hear, hear.) Then again, by this scheme that is laid before us, certain things are to be legislated upon by both the general and the local legislatures, and yet the local legislation is to be subordinate to the legislation of the Federal Parliament. For instance, emigration and agriculture are to be subject to the control of both bodies. Now suppose that the Federal Legislature chooses to decide in favor of having emigration flow to a particular locality, so as to benefit one province alone—I do not menu this expression to be understood in its entire sense, because I think that emigration in any one portion will benefit the whole, but it will benefit the particular locality much more at the time—and if provision is made by the General Legislature for emigration of that kind, and grants are made from the public funds to carry it out, it will cause much complaint, as the people who are paying the greatest proportion of the revenue will be subject to the drafts upon them as before.

      Preamble, §§.91, 92, and 95 of the Constitution Act, 1867.

    4. it would be exceedingly inconvenient to manage the local affairs of so widely extended a country. I did not say that we could not exercise a general control over the country.

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

    1. The first steps towards a Federation of the American Colonies would thus bus to form them all into one state, to give that state a completely organized government, and then to delegate to each of the colonies out of which that great state is formed, such powers of local government as may be thought necessary, reserving to the Central Government all such powers as are not expressly delegated. The Government of New Zealand forms a precedent well worthy the attention of those who are undertaking this arduous negotiation. And I cannot doubt that the framers of this Constitution have studied the precedent as well of the proposed Constitution of Australia, as that of the Constitution of New Zealand, which has been in use for ten years past.

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

    2. The great weakness of the American system has lain in the fact that the several states, on entering the union, claimed independent jurisdiction ; that they demitted to the Central Government certain powers, and that they claimed equal and sovereign powers with regard to everything not so delegated and demitted. The weaknesses aid difficulties of that system have been avoided in the project now before us, and we have the central power with defined and sovereign powers, and the local parliaments with their defined and delegated powers, but subordinated to the central power. The article says: — It is quite clear that the Federal Constitution of the United States of America forms a precedent which cannot possibly be followed in its principles or details by the united colonies, so long as they remain part of the dominions of the Imperial Crown. The principle of the American Federation is, that each is a sovereign state, which consents to delegate to a central authority a portion of its sovereign power, leaving the remainder, which is not so delegated, absolute and intact in its own hands. This is not the position of the colonies, each of which, instead of being an isolated sovereign state, is an integral part of the British Empire. They cannot delegate their sovereign authority to a central government, because them do not possess the sovereign authority to delegate. The only alternative as it seems to us would be to adopt a course exactly the contrary of that which the United States adopted, and instead of taking for their motto E Pluribus Unum, to invert it by saying In Uno Plural.

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

    3. That the separate states be not so powerful as to be able to rely for protection against foreign encroachment on their individual strength. That is a condition which applies most forcibly in our case. (Hear, hear.) The third condition is :— That there be not a very marked inequality of strength among the several contracting states.

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

    4. that prestige and power which go with every British subject to every civilized part of the globe, enabling him to say, like the old Roman, ” I am a British citizen.” EARL GREY states that :— The possession of a number of steady and faithful allies, in various quarters of the globe, will surely be admitted to add greatly to the strength of any nation ; while no alliance between independent states can be so close and intimate as the connection which unites the colonies to the United Kingdom as parts of the Great British Empire. Nor ought it to be forgotten, that the power of a nation does not depend merely on the amount of physical force it can command, but rests, in no small degree, upon opinion and moral influence. In this respect British power would be diminished by the loss of our colonies, to a degree which it would be difficult to estimate. Passing on a little, we find him saying :— To the latter [i. e. the colonists] it is no doubt of far greater importance than to the former, because, while still forming comparatively small and weak communities, they enjoy, in return for their allegiance to the British Crown, all the security and consideration which belongs to them as members of one of the most powerful states in the world. No foreign power ventures to attack or interfere with the smallest of them, while every colonist carries with him to the remotest quarters of the globe which he may visit, in trading or other pursuits, that protection which the character of a British subject everywhere confers. (Hear, hear.) But to view the subject in another aspect. I believe it will be found that all the conditions are combined in the scheme now before us, that are considered necessary for the formation on a permanent basis of a Federative union. I hold in my hand a book of some note on Representative Government, by JOHN STUART MILL, and I find that he lays down three conditions as applicable to the union of independent states, and which, by parity of reasoning, are applicable to provinces which seek to have a closer alliance with each other, and also, thereby, a closer alliance with the Mother Country. The conditions he lays down are first,— That there should be a sufficient amount of mutual sympathy among the populations. And he states that the sympathies which they should have in common should be— Those of race, language, religion, and, above all, of political institutions, as conducing most to a feeling of identity of political interest.

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

    5. I proposed and drew up a plan for the union of all the colonies under one government, so far as might be necessary for defence and other important general purposes. By my plan, the General Government was to be administered by a President- General, appointed and supported by the Crown, and a General Council, to be chosen by the representatives of the people of the several colonies, met in the respective assemblies. The plan was agreed to in Congress, but the assemblies of the provinces did not adopt it, as they thought there was too much prerogative in it, and in England it was judged to have too much of the democratic. The different and contrary reasons of dislike to my plan made me suspect that it was really the true medium, and I am still of opinion it would have been happy for both sides if it had been adopted. The colonies so united would have been strong enough to have defended themselves; there would then have been no need of troops from England ; of course the subsequent pretext for taxing America, and also the bloody contest it occasioned, would have been avoided.

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

    6. The New York Conner and Inquirer, in an article published at that time, came to the conclusion “that the union would, in fact, be an argument for a continuance of the existing relations between the two countries: is a matter of policy and gratitude, and that such a change of government could be met with no objection of any weight.”

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

    7. But I will state why this union is c: inculcated to prolong our connection with Britain. I t is well known that there has been an entire and radical change of late in the colonial policy of England. That policy has been to extend to us the utmost liberty in our relations to the Empire. What is after all the nature of the bond, which links us to Great Britain, apart from our allegiance and loyalty? What is it but a Federative bond ? That is what links us to Britain,and I feel quite satisfied, in the words of an English publicist of some eminence, that ” the new colonial policy is calculated to prolong the connection of the colonies with the Mother Country.” I believe it will raise these provinces as part of the British Empire, and so secure to us the permanency of British institutions, and bind us more closely to the Crown.

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

    8. I believe that the plan of union proposed will be found to meet the exigencies of our local position, give latitude to local development, and due protection to local interests, and yet secure that general control which is essentially necessary for the proper government of a country placed under the dominion of the British Crown.

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

    9. It was pledged to introduce the Federative system into the Government of Canada, with special provisions for the incorporation into this Federation of the Maritime Provinces, and it was also pledged to send delegates to those provinces and invite them to join us in this Federation.

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

    10. ” I propose, in the course of the recess, to communicate with Her Majesty’s Government and with the government of the sister colonies, on another matter of very great importance. I am desirous of inviting them to discuss with us the principles on which a bond of a federal character uniting the provinces of British North America may, perhaps, hereafter be practicable.”

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

    11. If the power that the central authority is to have—of vetoing the doings of the Local Legislature— is used, it will be ample, I think, to prevent anything of that kind. But the veto itself is objected to.

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

    1. of the scheme, without which it would certainly, in my opinion, have been open to very serious objection. (Hear, hear.) I will not now criticize any other of the leading features of the resolutions as they touch the fundamental conditions and principles of the union. I think there has been throughout a most wise and statesmanlike distribution of powers, and at the same time that those things have been carefully guarded which the minorities in the various sections required for their protection, and the regulation of which each province was not unnaturally desirous of retaining for itself. So far then as the objection is concerned of this union being federative merely in its character, and liable to all the difficulties which usually surround federal governments, I think we may fairly consider that there has been a proper and satisfactory distribution of power, which will avert many of those difficulties. (Hear, hear.)

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

    2. They have established this Central Government, giving it such powers, and so defining the powers of the local governments, that it will be impossible for any Local Parliament to interfere with the central power in such a manner as to be detrimental to the interests of the whole. The great advantage which I see in the scheme is this, that the powers granted to the local governments are strictly defined and circumscribed, and that the residuum of power lies in the Central Government You have, in addition to that, the local governors named by the central authority— an admirable provision which establishes the connection of authority between the central power and the different localities; you have vested in it also the great questions of the customs, the currency, banking, trade and navigation, commerce, the appointment of the judges and the administration of the laws, and all those great and large questions which interest the entire community, and with which the General Government ought to be entrusted. There can, therefore, be no difficulty under the scheme between the various sections—no clashing of authority between the local and central governments in this case, as there has been in the case of the Americans. The powers of the local governments are distinctly and strictly defined, and you can have no assertion of sovereignty on the part of the local governments, as in the United States, and of powers inconsistent with the rights and security of the whole community. (Hear, hear.) Then, the other point which commends itself so strongly to my mind is this, that there is a veto power on the part of the General Government over all the legislation of the Local Parliament. That was a fundamental element which the wisest statesmen engaged in the framing of the American Constitution saw, that if it was not engrafted in it, must necessarily lead to the destruction of the Constitution. These men engaged in the framing of that Constitution at Philadelphia saw clearly, that unless the power of veto over the acts of the state legislatures was given to the Central Government, sooner or later a clashing of authority between the central authority and the various stated must take place. What said Mr. MADISON in reference to this point ? I quote from The Secret Debates upon the Federal Constitution, which took place in 1787, and during which this important question was considered. On the motion of Mr. PINKNEY ” that the National Legislature shall have the power of negating all laws to be passed by the state legislature, which they may judge improper,” he stated that he considered ” this as the corner stone of the system, and hence the necessity of retrenching the state authorities in order to preserve the good government of the National Council.” And Mr. MADISON said, ” The power of negating is absolutely necessary —this is the only attractive principle which will retain its centrifugal force, and without this the planets will fly from their orbits.” Now, sir, I believe this power of negative, this power of veto, this controlling power on the part of the Central Government is the best protection and safeguard of the system ; and if it had not been provided, I would have felt it very difficult to reconcile it to my sense of duty to vote for the resolutions. But this power having been given to the Central Government, it is to my mind, in conjunction with the power of naming the local governors, the appointment and payment of the judiciary, one of the best features

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

    3. They see in it that which tends to a disruption, and collision with the Central Government. Now, sir, I do not deny that if a legislative union, pure and simple, had been practicable, I, for one, would have preferred it ; but I cannot disguise from myself that it was, and is at present, utterly impracticable, and I cannot help expressing my astonishment and extreme gratification, that five colonies which had been for so many years separate from each other, had so many separate and distinct interests and local differences, should come together and agree upon such a scheme. Remembering the difficulties that had to be encountered in the shape of local interests, personal ambition, and separate governments, I certainly am surprised at the result, and I cannot withhold from the gentlemen who conducted these negotiations, the highest praise for the manner in which they overcame the difficulties that met them at every step, and for the spirit in which they sunk their own personal differences and interests in preparing this scheme of Confederation. (Hear, hear.) It is remarkable that a proposition having so few of the objections of a Federal system, should have been assented to by the representatives of five distinct colonies, which had heretofore been alien, practically independent, not only of each other, but almost of England, and almost hostile to each other. (Hear, hear.) There had been very much to keep these colonies apart, and very little to bring them together, and the success which has attended their efforts speaks well for those statesmen who applied their minds earnestly to the work of union. (Hear, hear.)

      §§.91, 92, and 121 of the Constitution Act, 1867.

    1. îslo questions will be decided in the Federal Parliament but such as relate to general matters. Local matters will not be treated of, nor questions of race, of religion, or of institutions peculiar to the several provinces, and consequently there can be no collision of opinions on such questions. Such a fear, therefore, is quite unfounded.

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

    2. bishop gave judgment, declaring the marriage null in a canonical sense. Regarded in a civil point of view, the marriage was still valid until it should have been declared null by a civil tribunal. It became necessary, therefore, to carry the cause before the Superior Court, and my honorable friend, the member for Because, who took the case in hand with his usual zeal and legal address, obtained from the court, after a suitable inquiry, a judgment declaring the marred null in a civil sense, and ordering that it should be registered as such in all places where it should be needful. If this affair had occurred in Upper Canada, what recourse would the parties have had ? The parties being Catholics, the case would have been brought before the bishop, who would also have declared the marriage null after suitable inquiry; but the cause would not have had the same conclusion in the civil court, particularly had it depended on certain impediments which have force in Lower Canada, but none in Upper Canada. It would have become necessary to go to Parliament to pray for an act, which, in a Catholic point of view, would be a mere decree of separation, but which the Parliament would have termed an act of divorce. This power to grant a separation is therefore necessarily vested in the Parliament, by whatever names such separation may be designated, and we are not to be reproached for the interpretation which others may give to such name, different from that which we assign to it. I thought it right to make myself understood on this point, because I do not choose that people should be able to say we are afraid of explaining our position with regard to the question of divorce and marriage, and I believe that I have shown that our position is consistent with our religious laws and our principles as Catholics. I regret that I have dwelt so long on the matters touched upon by the honorable member for Hochelaga ; but after his speech, and considering the position he assumed, he must have expected an answer.

      §§.91(26) and 92(12) of the Constitution Act, 1867.

    3. HON. SOL. GEN. LANGEVIN—I beg your pardon, it means that a marriage contracted in no matter what part of the Confederacy, will be valid in Lower Canada, if contracted according to the laws of the country in which it takes place ; but also, when a marriage is contracted in any province contrary to its laws, although in conformity with the laws of another province, it will not be considered valid. Let us now examine the question of divorce. We do not intend either to establish or to recognize a new right ; we do not mean to admit a thing to which we have constantly refused to assent, but at the Conference the question arose, which legislature should exercise the different powers which already exist in the constitutions of the different provinces. Now, among these powers which have been already and frequently exercised de facto, is this of divorce. As a member of the Conference, without admitting or creating any new right in this behalf, and while declaring, as I now do, that as Catholics we acknowledge BO power of divorce, I found that we were to decide in what legislative body the authority should be lodged which we found in our Constitutions. After mature consideration, we resolved to leave it in the Central Legislature, thinking thereby to increase the difficulties of a procedure which is at present so easy. We thought then, as we still think, that in this we took the most prudent course. The following illustration will prove this still more forcibly. I t is known to the House how zealous a partisan the honorable member for Brome (Mr. DUNKIN) is of the cause of temperance. Well, we will suppose that the honorable gentleman were present as a member of a municipal council in which it was to be decided whether all the taverns in a very populous part of the parish, which could not be suppressed, should be banished to a remote corner of the parish, where they would no longer be a temptation and a stumbling-block ; would he not vote for such a measure ? Would he not send them to a place where they would be least accessible to the population, and would he not think he had done a meritorious act, an act worthy of a good friend of the temperance cause ? Just so in a question of divorce ; the case is exactly analogous. We found this power existing in the constitutions of the different provinces, and not being able to get rid of it, we wished to banish it as far from us as possible. One thing it would be vain to deny, namely, that although we, as Catholics, do not admit the liberty of divorce, although we hold the marriage bond to be indissoluble, yet there are cases in which we both admit and require the annulling of the marriage tie—in cases, for instance, where a marriage has been contracted within the prohibited degrees without the necessary dispensations. An instance of this occurred very recently. A few months since, an individual belonging to my county, who had married a young girl of a neighboring parish, without being aware at the time of his marriage of the relationship which existed between him and his wife, found out several months afterwards that they were related in such a degree that they required a dispensation from the bishop. That dispensation had not been obtained. He spoke of it to his wife, who refused to apply for a dispensation, as a step towards the legal celebration of their marriage. It became necessary, therefore, to have the marriage annulled. The affair was brought before the Ecclesiastical Court, and, after a minute investigation, the diocesan

      §§.91(26) and 92(12) of the Constitution Act, 1867.

    4. HON. SOL. GEN. LANGEVIN—The honorable member for Verchères does not choose to be convinced ; so I will make no further attempt to convince him. The resolution in question signifies just what I have stated.

      §§.91(26) and 92(12) of the Constitution Act, 1867.

    5. may be summed up as follows :—The Central Parliament may decide that any marriage contracted in Upper Canada, or in any other of the Confederated Provinces, in accordance with the laws of the country in which it was contracted, although that law might be different from ours, should be deemed valid in Lower Canada in case the parties should come to reside there, and vice versa.

      §§.91(26) and 92(12) of the Constitution Act, 1867.

    6. The honorable gentleman has asked the Government what meaning was to be attached to the word ” marriage,” where it occurred in the Constitution. He desired to know whether the Government proposed to leave to the Central Government the right of deciding at what age, for example, marriage might be contracted. I will now answer the honorable gentleman as categorically as possible, for I am anxious to be understood, not only in this House, but also by all those who may hereafter read the report of our proceedings. And first of all I will prove that civil rights form part of those which, by article 43 (paragraph 15) of the resolutions, are guaranteed to Lower Canada. This paragraph reads as follows :— 15. Property and civil rights, excepting those portions thereof assigned to the General Parliament. Well, amongst these rights are all the civil laws of Lower Canada, and among these latter those which relate to marriage; now it was of the highest importance that it should be so under the proposed system, and therefore the members from Lower Canada at the Conference took great care to obtain the reservation to the Local Government of this important right, and in consent-‘ ing to allow the word ” marriage ” after the word “divorce,” the delegates have not proposed to take away with one hand from the Local Legislature what they had reserved to it by the other. So that the word ” marriage,” placed where it is among the powers of the Central Parliament, has not the extended signification which was sought to be given to it by the honorable member. With the view of being more explicit, I now propose to read how the word marriage is proposed to be understood :— The word marriage has been placed in the draft of the proposed Constitution to invest the Federal Parliament with the right of declaring what marriages shall be held and deemed to be valid throughout the whole extent of the Confederacy, without, however, interfering in any particular with the doctrines or rites of the religious creeds to which the contracting parties may belong. This is a point of great importance, and the French Canadian members ought to rejoice to see that their fellow-countrymen in the Government have not failed in their duty on a question of so serious a nature. On many other points many of them will doubtless claim that we have not thoroughly fufilled our duty, but as regards the matter in question there can be no difference of opinion, as I we have all a common rule to guide us ; and I repeat that they ought to rejoice that their co-religionists in the Conference have not been found wanting on this occasion. The whole

      §§.91(26) and 92(12) of the Constitution Act, 1867.

    7. Another question on which the hon. member has also called us to account, relates to the export duties on timber and coals. In clause 29, which relates to the powers of the Federal Parliament, the third section reads as follows : This imposition or regulation of duties of customs on imports or exports, except on exports of timber, logs, masts, spars, deals, and sawn lumber from New Brunswick, and of coal and other minerals from Nova Scotia. The fact that this power has been conferred on the Government does not imply that it will be exercised. The power was granted simply because it might be necessary in certain cases mentioned. Now this is the reason for the second part of the clause which I have just read to the House, and which I cannot better explain than by citing some expressions of a speech by the Hon. the Minister of Finance on the subject. Nevertheless, as there are several honorable members in the House who do not understand English, I think it will perhaps be better to explain them in French. Here then was the thought of the Convention : as in New Brunswick the Government had found that it was a great disadvantage to collect the duties on timber according to the system formerly adopted, and they had substituted an export duty which superseded all other dues on that product, it was no more than right that this source of revenue should remain in New Brunswick, to which province it was an object of absolute necessity to defray its local expenses. In Canada we retain, under the new Constitution, our own method of collecting similar duties. As to New Brunswick, the duty on the article in question is their principal revenue, as coal is almost the sole revenue of Nova Scotia ; and if they had been deprived of them, they would have peremptorily refused to join the Confederation. (Hear, hear.) Their demand was perfectly just, and could not therefore be refused. Moreover, we have no right to complain, for they leave us all our mines and our lands, and we shall now, as heretofore, collect the proceeds for our own use and profit. The honorable member for Hochelaga says that it will be impossible to administer the affairs of the local legislatures without having recourse to direct taxation ; but a man of his experience ought not to have made that assertion. Instead of attempting to trade on popular prejudice, he ought to have admitted at once that the right granted by the new Constitution of levying direct taxes, is the same that already exists in the present Constitution ; it is the same right that all our municipalities possess.

      §§.91(3), 92(2), 109 and 121 of the Constitution Act, 1867.

    8. Have one or the other minority, or have both. It is difficult to conceive one single legislature composed of two majorities and two minorities ; these two majorities without any identity of principle, acting nevertheless together by common consent, so as to never trespass the one on the other, and so that each section of the province would always be governed by a majority of its representatives. On many questions this course could not be carried out without alternately forcing the majority of the representatives of each section of the province to abstain from voting, or to declare themselves in favor of measures which their judgment and their conscience would disavow. The complication’s of such a system amounting to nothing short of an application of the Federal principle to a single legislature, would render it impracticable.

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

    9. In 1856, when Parliament was sitting at Toronto, I first suggested that one means of surmounting our difficulties would be the substitution of a Confederation of the two Canadas in place of a legislative union. By that arrangement local questions would be debated in the local legislatures, and the Central Government would have the control of commercial and other questions of general interest. I said that considering the differences of race, religion and laws now existing between the two sections of the country, it would be the best means of surmounting them. That is to say, I would leave to a central government questions regarding commerce, banking, the currency, public works of a general character, &c., and to the local legislatures all local questions. At the same time I said that if these views were not accepted, I should certainly be in favor at representation based on population, with conditions and guarantees which would secure the interests of Lower Canada, and preserve to Lower Canada the institutions which are so dear to her. Well, we see that in 1856, the hon. member for Hochelaga was desirous of forming a new Constitution for the express purpose of stifling the cry for representation based on population. In 1858 he formed, together with the present Hon. President of the Count- coil (Hon. Mr. BROWN), the BROWN-DORION Government; and again, he stipulated that the question of representation based on population should be taken into consideration, and that the Government should consider the means of settling the difficulties which it involved. In 1859 he signed a document, which also bore the signatures of Hon. Mr. DRUMMON, Hon. Mr. DESSAULLES, and Hon. Mr. MCGEE, in which he said with his colleagues, that a change in the Constitution of the country was necessary :— If Lower Canada insists on maintaining the union intact ; if she will neither consent to a dissolution of the union, nor consider the project of a Federation, it is difficult to conceive on what reasonable grounds the demand for representation according to population can be resisted. The plea for such resistance has hitherto been that danger might arise to some of her peculiar and most cherished institutions ; but that ground will be no longer tenable if she rejects a proposition, the effect of which would be to leave to her own people the sole and absolute custody of those institutions, and to surround them by the most stringent of all possible safeguards, the provisions of the fundamental law of the land, unalterable save by the action of the people affected by them. The logical alternative now presented to the people of Lower Canada would, therefore, seem to be dissolution or federation on the one hand, and representation according to population on the other. Here, again, he intended to stifle the cry of representation based on population, and intended to do it by founding a new Confederation. In 1861 it was just the same ; he declared that he was desirous of settling that question of the representation ; that it was not expedient that it should remain an open question ; that it was a difficulty to be got rid of one way or another. In 1862, also, he went into the Government with the same object in view but how did he set about carrying it out ? He made it a close question, and adopted, with his colleagues, the plan of the double majority. The hon. member doubtless had forgotten that in 1859, when he penned the manifesto which I have just quoted, he had condemned the double majority. Here is, in fact, what he said in that document :— In each section there would still be minority and majority parties, and unless the principle of the double majority could be enacted as a fundamental law, we should be exposed to an endless round of the same complaints that we now hear, of one section ruling the other contrary to its well known public opinion, and to see reproduced in our politics the same passions, the same intrigues, the same corruption and insincerity. The enactment of the double majority is not advocated in any quarter. The impossibility of clearly defining the cases to which it should apply, and of distinguishing them from those to which it should not, is felt by all ; but were it even possible, it would only lead to new phases of difficulty, by compelling majorities professing opinions and principles diametrically opposed to each other, to unite, and thereby effectually to extinguish the influence

      §§.51, 52, 91, and 92 of the Constitution Act, 1867.

    1. the Lieutenant-Governor, who will enjoy the right of reserving the bills of the Local Parliament for the sanction of the Governor General, will be appointed by the Governor General in Council, that is to say, by the Federal Government, and, as a matter of course, it must be expected that he will act in conformity with the views of the Federal Government. Any bill reserved by him will require to be sanctioned by the Federal Government, which may refuse such sanction if they think proper, as they undoubtedly will as regards any bill the object of which might be to give responsible government to Lower Canada, whilst all the other provinces would only have governments which were not responsible. And the militia,—it will be exclusively under the control of the Federal Government. Have the honorable the French-Canadian members, to whom I more particularly address myself at this moment, reflected on the danger to us that is contained in this provision ?

      §§.90 and 92(1) of the Constitution Act, 1867.

    2. MR. CORNELLIER—All the confederations which you have mentioned were or are republican, and had the common fate of republican institutions. You have not said a word about monarchical confederations. MR. JOLY—I have made no mention of monarchical confederations, because none have ever existed, and none can exist. The principle of a monarchy is that the power resides in one person; the principle of confederation is that it resides in all the members of the confederation. A confederation would, therefore, always be a republic, even if formed of several states subject to a monarchy; because the power would not be vested in one person, but in each of the several states, of which no one would acknowledge a head ; it would be a republic consisting of a very small number of members. Before I take leave of all the confederations, the names of which I have mentioned, I intend to say one word, at least, in their favor. We understand that states

      §§.9, 17, 91 and 92 of the Constitution Act, 1867.

    3. Confederation of the United states of South America

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

    4. The Confederation of Columbia

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

    5. Let us begin with the Central American Confederacy or Republic of Guatemala.

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

    6. Lord MACAULAY says in the first volume of his History of England

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

    7. Lord BROUGHAM, who is listened to with profound respect in the Imperial Parliament, thus expresses his views in the third part of his work on Political Philosophy

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

    8. The Minister of Agriculture alone has had the courage to open the volume of the world’s history, and he hastily closed it with the significant remark, especially so falling from his lips :— In all the constitutions in which the Federal principle has been adopted, it cannot be denied that the same fatal vice is to be discerned—the weakness of the central authority. This has been the fatal disease in all confederations of which I have heard, or whose histories I have read. They have died of consumption.

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

    1. Remarks have also been made about the laws of divorce and marriage, and the honorable member for the division of DeLanaudière (Hon. Mr. OLIVIER) told us that the Conference had done well in transferring the power of divorce to the General Government. On his part, I think this was a wise view of the question, and I am glad to have the opportunity of now telling him so. He was, however, very uneasy about the word ” marriage.” Well, I will try to put him right and at his ease on that point; and I will give him the answer as I find it put down in writing, so that no possible misunderstanding may continue to exist. If the honorable gentleman will but take his pen, he will be able to note my answer :—” The word ‘ marriage’ has been inserted to give the General Legislature the right to decide what form of marriage will be legal in all parts of the Confederation, without in any way interfering with the rules and prescriptions of the Church to which the contracting parties belong.”

      §§.91(26) and 92(12) of the Constitution Act, 1867.

    2. reference to the meaning of the 5th sub-section of the 29th clause, which commits to the General Parliament ” the raising of money by all or any other modes or system of taxation.” Am I to understand that he General Government are to have the power of imposing local taxation upon the lands of the provinces ? HON. MR. CAMPBELL—The general national power of taxation is to be in the General Government.

      §§.91(3) and 92(2) of the Constitution Act, 1867.

    3. One of them is a matter in which Lower Canada is somewhat peculiarly interested— the system of marriage and divorce, which, I see, is to be left in the hands of the Federal Government.

      §§.91(26) and 92(12) of the Constitution Act, 1867.

    4. Let us then have direct taxation, and what will be the result ? If there is a large expenditure on the part of the General Government, in addition to this taxation, political agitators will arise, who will cry out that the public burdens are unequally borne —(hear)—that two-thirds of the revenue is borne by the people living west of Quebec— that is, the population west of this city will, man for man, pay twice as much to the public exchequer as the population east of it.

      §.92(2) of the Constitution Act, 1867.

    1. It will secure to the people of Upper Canada the entire control of their local affairs, which I regard as being of the utmost importance. It will put an end to the system of duplicating in one section of the province large amounts of money granted to the other for colonization roads and other local objects, on which vast sums have been squandered. It will secure to the people of Upper Canada representation by population in that branch of the Federal Legislature which controls the purse-strings. It will also give to them all the unsold Crown lands in the western section of the province. And I trust the promises made with reference to the widening and deepening of our canals, and the opening up of the North-West Territory will be carried out in good faith.

      §§.51, 52. 91, 92, and 146 of the Constitution Act, 1867.

    2. But in regard to a change effected in the manner in which this is proposed, by the united wisdom of the several governments, without any convulsion

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

    3. It is very true that the scheme of a Federal union of all the provinces has been spoken of for a quarter of a century by eminent men of all shades of politics. We may refer to the convention that was held at Kingston, at which the British American League was formed. That convention was convened by the Conservative party of Upper Canada. Subsequently, the great meeting— if I may use that expression—that was convened in the city of Toronto, referred to the same question. But I go back and appeal to the fact that at the last general election, it was not one of those questions that were referred to the arbitrament of the people to decide by their votes as to the desirability of union.

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

  6. Aug 2018
    1. The first point to which I directed my attention was to ascertain what guarantees Lower Canada would find in Confederation for its laws, its religion and its autonomy. I find the guarantee of all these things in that article of the scheme which gives to Lower Canada the local government of its affairs, and the control of all matters relating to its institutions, to its laws, to its religion, its manufactures and its autonomy. Are you not all prepared, hon. gentlemen, and you especially members from Lower Canada, to make some few sacrifices in order to have the control of all those things to which I have just referred, and which are all to be within the jurisdiction of the local governments.

      §§.92 and 93 of the Constitution Act, 1867.

    1. The 29th section of the scheme submitted to us says : ” The Federal Parliament shall have the power of making laws for the peace, the well-being, and the good government of the Confederate provinces, and in particular in respect of the following matters.” The powers of the Federal Government will be in reality unlimited. The fact of the enumeration of these thirty-seven heads does not in the least restrain the power of the Federal Government from legislating on everything. The exceptions are few. I would ask the Honorable Premier, for instance, whether the Federal Government has not the power to enact that marriage is a civil contract ? He cannot deny it, and I do not believe that that clause will in any way suit Lower Canada. In a matter of divorce, I consider that the power of legislating upon it ought to be vested in the Federal Government ; but as to the passing of a marriage act, we have the authority of the past to convince us that Lower Canada will never be satisfied with what is proposed in the plan of Confederation. On a former occasion, when a member of the Parliament of Canada moved to enact that marriage should be made a civil contract, all the members for Lower Canada voted against the motion, and the whole country was opposed to it. I shall also inquire whether the Federal Government will not have the right to enact that religious corporations shall no longer exist in the country, or that they shall not be allowed to hold real property, except what is absolutely necessary for their lodging accommodation. According to the resolutions which have been submitted to us, the Federal Government would certainly have this right. It has been said that article 15 of the 43rd resolution replies to this objection, but I can see nothing in that article which restricts the right of the Federal Government to legislate on this matter. The 43rd resolution defines the powers of the local governments, and article 15 of that resolution declares that they may make laws respecting ” property and civil rights, excepting those portions thereof assigned to the General Parliament.” That article reserves to the local legislatures nothing relative to religious corporations, and the Federal Government would have full power to decree that those corporations shall not hold immovable property. The supreme power is that which has the right to legislate upon, and regulate the existence of, the corporations in question, and they can only possess civil rights so long as the Government permits them to exist. The same might be said of most of the institutions to which Lower Canada is attached. I am therefore right in saying that, so far as those things which Lower Canada most holds to are concerned, Confederation is in fact a Legislative union, because upon the Federal Government is conferred the right of legislating upon those subjects which Lower Canada holds most dear.

      Preamble and §§.91(26)(29), 92(11)(12)(13), and 93 of the Constitution Act, 1867.

    2. be more disposed to stretch its prerogatives and to trench upon the domain of the local governments than to narrow down and retain its authority. The scheme then, in my opinion, is defective in that it inverts this order and gives to the General Government too much power and to the local governments too little. As it is now, if the scheme goes into operation, tlie local governments will be in danger of being crushed (écrasés) by the General Government. The tendency of the whole scheme seems to be one of political retrogression instead of advancement.

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

    3. My opinion is, that as much power as possible should have been entrusted to the local governments, and as little as is consistent with the functions it will have to discharge to the Central Government, and my reason for entertaining this opinion is, that the Supreme Government, with its power of purse and its control of the armies, will always

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

    1. HON. MR. REESOR—There are several other provisions in the proposed Constitution which seem to be ambiguous in their meaning, and before discussion upon them it would be well to have them fully explained. In the eleventh clause of the twenty-ninth resolution, for instance, it is declared that the General Parliament shall have power to make laws respecting ” all such works as shall, although lying wholly within any province, be specially declared by the acts authorizing them to be for the general advantage.” It would appear from this, that works like the Welland canal, which yield a very large revenue, will be given over to the General Government; and this being the case, surely this is a sufficient setoff, five times over, for the railways given by New Brunswick, without the annual subsidy proposed to be given to that province of $63,000. HON. MR. MACPHERSON—The cost of these works forms part of the public debt of Canada, which is to be borne in part by the Lower Provinces under the Confederation. HON. MR. CAMPBELL—The honorable gentleman will see that there are some works which, although local in their geographical position, are general in their character and results. Such works become the property of the General Government. The Welland canal is one of them, because, although it is local in its position, it is a work in which the whole country is interested, as the chief means of water communication between the western lakes and the sea. Other works, in the Lower Provinces, may be of the same character, and it is not safe to say that because a certain work lies wholly in one province, it is not to belong to the General Government. HON. MR. REESOR—I do not object to the General Government having the control of these works. It is, I believe, a wise provision to place them under such control. But I do say that it is unfair that an express stipulation should be made to pay one province a large sum per annum for certain works, while, at the same time, we throw in our public works, such as the Welland and St. Lawrence canals, without any consideration whatever. This, I think, is paying quite too much for the whistle. Then the answer of the Commissioner of Crown Lands about the export duty on minerals in Nova Scotia is not at all satisfactory. Whatever dues may be levied on minerals in Canada—and Canada, although it may contain no coal, is rich in gold, silver, copper, iron, and other ores—in the shape of a royalty or otherwise, go to the General Government, while in Nova Scotia they accrue for the benefit of the Local Government. HON. MR. ROSS—NO, they will not go to the General Government. HON. MR. REESOR—Well, there is nothing to the contrary in the resolutions, and you may depend upon it that whatever revenues the General Government may claim, under the proposed Constitution, will be fully insisted upon.

      §.92(10) of the Constitution Act, 1867.

    2. If the Honorable Premier had shown that the proposed union would in reality give us strength, and place us in a position to improve our defences, then I would admit he had made a good case.

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

    3. would be productive of two special advantages to Canada ;—they would give us strength and durability, and at the same time settle the difficulties under which the province has labored for some years.

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

    4. in favor of the principle of the resolutions ; in other words, of a Confederation of Canada and the Lower Provinces, but I do not believe they are in favor of all the details of the project.

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

    1. It is a principle that runs through all the history of civilization in one form or another, and exists alike in monarchies and democracies; and having adopted it as the principle of our future government, there were only the details to arrange and agree upon. Those details are before you.

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

    2. The principle of Federation is a generous principle. It is a principle that gives men local duties to discharge, and invests them at the same time with general supervision, that excites a healthy sense of responsibility and comprehension. It is a principle that has produced a wise and true spirit of statesmanship in all countries in which it has ever been applied. It is a principle eminently favorable to liberty, because local affairs are left to be dealt with by local bodies and cannot be interfered with by those who have no local interest in them, while matters of a general character are left exclusively to a general government. It is a principle coincident with every government that ever gave extended and important services to a country, because all governments have been more or less confederations in their character.

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

    3. And one of the foremost statesmen in England, distinguished alike in politics and literature, has declared, as the President of the Council informed us, that we have combined the best parts of the British and the American systems of government, and this opinion was deliberately formed at a distance, without prejudice, and expressed without interested motives of any description. (Hear, hear.) We have, in relation to the head of the Government, in relation to the judiciary, in relation to the second chamber of the Legislature, in relation to the financial responsibility of the General Government, and in relation to the public officials whose tenure of office is during good behaviour, instead of at the caprice of a party—in all these respects we have adopted the British system

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

    4. the main question is the due distribution of powers

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

    1. HON. MR. BROWN—I come now to the great meeting of the Reformers of Upper Canada, known as the Toronto Convention of 1859, and at which 570 delegates were present from all parts of the western province. Here are the two chief resolutions :— 5. Resolved,—That in the opinion of this assembly, the beat practicable remedy for the evils now encountered in the Government of Canada is to be found in the formation of two or more local governments, to which shall be committed the control of all matters of a local or sectional character, and some joint authority charged with such matters as are necessarily common to both sections of the province. 6. Resolved,—That while the details of the changes proposed in the last resolution are necessarily subject fur future arrangement, yet this assembly deems it imperative to declare that no Government would be satisfactory to the people of Upper Canada which is not based on the principle of representation by population.

      Preamble and §§.51, 91, and 92 of the Constitution Act, 1867.

    2. By this division of power the General Government would be relieved from those questions of a purely local and sectional character, which, under our present system, have led to much strife and ill-will.

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

    3. MR. BROWN—No ; the honorable gentleman ought to know that the treaty-making power is in the Crown—the Crown authorized us specially to make this compact, and it has heartily approved of what we did. (Hear, hear.) But, Mr. SPEAKER, I am told, that the people of Canada have not considered this scheme, and that we ought not to pass it without appealing to the electors for their approval. Now, sir, a statement more incorrect than this, or more injurious to the people of Canada, could not be made. They not only have considered this scheme—for fifteen years they have been earnestly considering it—but they perfectly comprehend it. (Hear, hear.) If ever question was thoroughly debated in any country, the whole subject of constitutional change has been in Canada. There is not a light in which it could be placed that has not been thoroughly canvassed ; and if the House will permit me, I will show from our historical record how totally absurd this objection is. The question of a Federal union was agitated thirty years ago, and here is the resolution adopted by both Houses of the Imperial Parliament so far back as 1837 :— That great inconvenience has been sustained by His Majesty’s subjects inhabiting the provinces of Lower Canada and Upper Canada, from the want of some adequate means for regulating and adjusting questions respecting the trade and commerce of the said provinces, and divers other questions wherein the said provinces have a common interest ; and it is expedient that the legislatures of the said provinces respectively, be authorized to make provision for the joint regulation and adjustment of such their common interests.

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

    4. By vesting the appointment of the lieutenant governors in the General Government, and giving a veto for all local measures, we have secured that no injustice shall be done without appeal in local legislation.

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

    5. But there is another reason why the union was not made legislative — it could not be carried. (Hear, hear.) “We had either to take a federal union or drop the negotiation. Not only were our friends from Lower Canada against it, but so were most of the delegates from the Maritime Provinces. There was but one choice open to us—federal union or nothing. But in truth the scheme now before us has all the advantages of a legislative union and a federal one as well. “We have thrown over on the localities all the questions which experience has shown lead directly to local jealousy and discord, and we have retained in the hands of the General Government all the powers necessary to secure a strong and efficient administration of public affairs.

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

    6. Had we continued the present legislative union, we must have continued with it the unjust system of taxation for local purposes that now exists—and the sectional bickering would have gone on as before. And can any honorable gentleman really believe that it would have been possible for a body of men sitting at Ottawa to administer efficiently and wisely the parish business of Red River and Newfoundland, and all the country between ?

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

    7. system of taxation, my honorable friends opposite would have had a much better chance of success in blowing the bellows of agitation than they now have. (Laughter, and cheers.) The objection, moreover, was not confined to Lower Canada—all the Lower Provinces stood in exactly the same position. They have not a municipal system such as we have, discharging many of the functions of government; but their General Government performs all the duties which in Upper Canada devolve upon our municipal councils, as well as upon Parliament. If then the Lower Provinces had been asked to maintain their customs duties for federal purposes, and to impose on themselves by the same act direct taxation for all their local purposes, the chances of carrying the scheme of union would have been greatly lessened. (Hear, hear.) But I apprehend that if we did not succeed in putting this matter on the footing that would have been the best, at least we did the next best thing. Two courses were open to us—either to surrender to the local governments some source of indirect revenue, some tax which the General Government proposed to retain,—or collect the money by the federal machinery, and distribute it to the local governments for local purposes. And we decided in favor of the latter. We asked the representatives of the different, governments to estimate how much they would require after the inauguration of the federal system to carry on their local machinery.

      §§.92(2) and 121 of the Constitution Act, 1867.

    8. I trust I commit no breach of discretion in stating that in Conference I was one of the strongest advocates for defraying the whole of the local expenditures of the local governments by means of direct taxation, and that there were liberal men in all sections of the provinces who would gladly have had it so arranged. But, Mr. SPEAKER, there was one difficulty in the way—a difficulty which has often before been encountered in this world—and that difficulty was simply this, it could not be done. (Hear, and laughter.) We could neither have carried it in Conference nor yet in any one of the existing provincial legislatures. Our friends in Lower Canada, I am afraid, have a constitutional disinclination to direct taxation, and it was obvious that if the Confederation scheme had had attached to it a provision for the imposition of such a

      §.92(2) of the Constitution Act, 1867.

    9. the second feature of this scheme as a remedial measure is, that it removes, to a large extent, the injustice of which Upper Canada has complained in financial matters. We in Upper Canada have complained that though we paid into the public treasury more than three fourths of the whole revenue, we had less control over the system of taxation and the expenditure of the public moneys than the people of Lower Canada.

      §.92(2) of the Constitution Act, 1867.

    10. But, sir, I am told that though true it is that local matters are to be separated and the burden of local expenditure placed upon local shoulders, we have made an exception from that principle in providing that a subsidy of eighty cents per head shall be taken from the federal chest and granted to the local governments for local purposes.

      §.92(2) of the Constitution Act, 1867.

    1. Canadian Empire in North America, formed by a Federal Union of all the colonies connected and linked together

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

    2. It was said that nine-tenths of the people were in its favour; he believed that a very large majority approved of the general principle of union, but there were details of the plan which did not pass unchallenged. It was much to be regretted that the resolutions had not been introduced in such a way as would have permitted the House to place upon record its views in respect to any part of them which might be unacceptable, and to suggest to the Imperial authorities who might frame the bill, such amendments as it considered desirable.

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

    3. In 1849 and 1852 there were passed acts of our Provincial parliament to give some kind of guarantee for the construction of this (the Intercolonial) Railway.

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

    4. constitution of the Legislative Council, and insisted not only that it should have remained elective, but that the principle of representation according to population should also have prevailed. But who ever heard that in a Federal Constitution the Upper House should be arranged on that principle? If that view be the sound one, the better way would be to have but one House, for the only effect of having two Houses, both elected on the basis of population, would be that one would constantly be combating the other, and the wheels of government would unavoidably be brought to a stand-still. In such a case the more powerful members of the Confederacy would be wholly unrestrained, and would completely overwhelm the weaker. This was fully considered on the adoption of a Constitution for the United States, according to which it is well known that the smaller States are represented in the Senate by the same number of senators as the larger ones—there being two members for each. The same principle has been adopted in arranging the terms of this proposed union, and for the same reason; viz., to protect the weaker parties to the compact.

      §.92(2) of the Constitution Act, 1867.

    1. In no other way that I am able to see, can there be additional expense charged upon the people; and looking at it in this point of view, we may well doubt whether the aggregate charge will be greater for the General Government, caring for the general interests of the whole, and for the local governments, attending merely to the local business of each section, we may well doubt, I say, whether that expense will be greater, in any considerable degree, than that which is required for our Government under the present system. (Hear, hear.) On the one hand we shall be free from the empty parade of small Courts entailed by our present system on each of these provinces, keeping up a pretence of regal show when the reality is wanting; we shall have the legislation of the General Government restricted to those great questions which may properly occupy the attention of the first men in the country; we shall not have our time frittered away in considering the merits of petty local bills, and therefore we may reasonably hope that the expenses of the General Legislature will be considerably less than even those of the Legislature of Canada at the present moment, —while, on the other hand, the local legislatures having to deal rather with municipal than great general questions, will be able to dispose of them in a manner more satisfactory to the people, and at infinitely less expanse than now.

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

  7. Apr 2018
    1. direct taxation, all the means whereby the industry of the people may be made to contribute to the wants of the state, it must be evident to every one that some portion of the resources thus placed at the disposal of the General Government must in some form or other be available to supply the hiatus that would otherwise take place between the sources of local revenue and the demands of local expenditure. The members of the Conference considered this question with the most earnest desire to reduce to the lowest possible limits the sum that was thus required, and I think the figures that I have already given to the House afford the best possible evidence that no disposition existed, at any rate on the part of our friends from the Lower Provinces

      §.92(2) of the Constitution Act, 1867.

    2. If, nevertheless, the local revenues become inadequate, it will be necessary for the local governments to resort to direct taxation ; and I do not hesitate to say that one of the wisest provisions in the proposed Constitution, and that which affords the surest guarantee that the people will take a healthy interest in their own affairs and see that no extravagance is committed by those placed in power over them, is to be found in the fact that those who are called upon to administer public affairs will feel, when they resort to direct taxation, that a solemn responsibility rests upon them, and that that responsibility will be exacted by the people in the most peremptory manner. (Hear, hear.) If the men in power find that they are required, by means of direct taxation, to procure the funds necessary to administer the local affairs, for which abundant provision is made in the scheme, they will pause before they enter upon any career of extravagance.

      §.92(2) of the Constitution Act, 1867.

    3. But this precedent could not be urged as an objection to Federation, inasmuch as it would be for the General Government to deal with our commercial matters. There could be no reason for well-grounded fear that the minority could be made to suffer by means of any laws affecting the rights of property.

      §§.91(2) and 92(13) of the Constitution Act, 1867.

    4. He was aware that some members of the House, and a number of people in Upper Canada, in Lower Canada and in the Lower Provinces, were of the opinion that a Legislative Union ought to have taken place instead of a Federal Union. He would say, however, at the outset, that it was impossible to have one Government to deal with all the private and local interests of the several sections of the several provinces forming the combined whole.

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

    1. there might be some misunderstanding and difference of opinion, as for example those clauses by one of which it was stated that the civil laws of the country were to be under the control of the local governments, and by the other of which the law of marriage was placed under the control of the General Government. The law of marriage pervaded the whole civil code, and he wanted to know how it could be placed under a different legislature from that which was to regulate the rest of the civil law.

      §§. 91(26) and 92(12) of the Constitution Act, 1867.

    1. It would not be so in a Federal Union, for all questions of a general nature would be reserved for the General Government, and those of a local character to the local governments, who would have the power to manage their domestic affairs as they deemed best. If a Federal Union were obtained it would be tantamount to a separation of the provinces, and Lower Canada would thereby preserve its autonomy together with all the institutions it held so dear, and over which they could exercise the watchfulness and surveillance necessary to preserve them unimpaired.

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

  8. Mar 2018
    1. The control of property and civil rights, the administration of justice, including the constitution, maintenance, and organization of the courts of civil jurisdiction, and the procedure in civil matters, were also left to the local legislatures. From the peculiar position of Lower Canada it was felt impossible to confide the matter of civil law to the General Legislature. The principles upon which the civil law of Lower Canada were founded differed entirely from those of the English law. Under it property was secured, and civil rights of every kind maintained, and the people had no particular wish to see it changed, especially at this moment, when the work of codifying and simplifying it was about completed, and when they knew that within the next three or four months they would have it put into their hands in one volume. He thought it was undesirable to do away with that law, which had been beneficial to the country and under which it had prospered. It was necessary to have it left to the local Legislature, because all in Lower Canada were unwilling to have substituted another law with which they were unacquainted.

      §§.92(13)(14) of the Constitution Act, 1867.

    2. What they would like would be to have additional powers conferred upon them, rather than to have existing ones contrated. Perhaps the system now everywhere in use in Upper Canada would be beneficial in the Townships.

      §.92(8) of the Constitution Act, 1867.

    3. Local works naturally fell within the scope of local governments, and would undoubtedly be under the immediate influence of the municipal councils, but all the works of a really public character would be under the General Legislature; such, he meant, as were connected with the general policy of the whole country.

      §§.92(8)(10) of the Constitution Act, 1867.

    4. The Municipal institutions of the country must necessarily come under the care of the local Legislatures, and in fact the local Legislatures were themselves municipalities of of a larger growth. They were charged with the administration of local affairs, and must be allowed to delegate such powers as they thought might be safely entrusted to the smaller divisions of the country as laid out into townships and parishes.

      §.92(8) of the Constitution Act, 1867.

    5. but all would agree that most of the other hospitals and asylums of various kinds should more properly be supported by local than by general resources.

      §§.91(11) and 92(7) of the Constitution Act, 1867.

    6. The management of all the Penitentiaries and Prisons naturally fell under the scope of the local authorities ; also that of Hospitals, Asylums, Charities, and Eleemosynary institutions. With regard to these, he would merely say that there might be some which could hardly be considered local in their nature ; such, for example, was the Marine Hospital at Quebec, a seaport where there was an enormous trade

      §§.91(11) and 92(7) of the Constitution Act, 1867.

    7. “The establishment and tenure of local offices, and the appointment of local officers,”—these were functions which plainly belonged to the Local Legislatures.

      §.92(4) of the Constitution Act, 1867.

    8. Lines of steam or other ships, railways, as well as canals and other works connecting any two or more of the Provinces together, or extending beyond the limits of any Province, would be under the control of the General Government.

      §.92(10) of the Constitution Act, 1867.

    9. the Central Government would have the power of raising money by all the other modes and systems of taxation—the power of taxation had been confided to the General Legislature—and there was only one method left to the Local Governments, if their own resources became exhausted, and this was direct taxation.

      §§.91(3) and 92(2) of the Constitution Act, 1867.

    10. Now inasmuch as the territorial possessions of each Province were reserved as a means of producing local revenue for the respective Provinces, it was evident that if the Province of New Brunswick were deprived of this privilege of imposing an export duty it would be obliged to revert to the old expensive process of levying stumpage dues, against which its representatives in Conference very strongly protested.

      §.92(5) of the Constitution Act, 1867.

    11. having decided that the Federative plan, as he had briefly endeavored to explain it, was the one which ought to be adopted, was whether they ought to adopt the mode of government which they now saw in use in the United States, or whether they should endeavor to incorporate in the Union the principles under which the British Constitution had been for so many years happily administered ; and upon this point no difference of opinion arose in the Conference. They all preferred that system which they had enjoyed for the last eighteen years, by which the Crown was allowed to choose its own advisers ; but those advisers must be in harmony with the well understood wishes of the country as expressed by its representatives in Parliament.

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

    12. It was therefore proposed, that in the Federation of the British North American Provinces the system of government best adapted under existing circumstances to protect the diversified interests of the several Provinces and secure efficiency, harmony and permanency in the working of the Union, would be a General Government charged with matters of common interest to the whole country, and Local Governments for each of the Canadas and for the Provinces of Nova Scotia, New Brunswick and Prince Edward Island, charged with the control of local matters in their respective sections, provision being made for the admission into the Union on equitable terms of Newfoundland, the North-west Territory, British Columbia, and Vancouver.

      Preamble, §§. 91, 92 and 146 of the Constitution Act, 1867.

    13. each Legislature, and especially each Local Legislature—acting within the bounds prescribed by the Imperial Parliament and kept within these bounds by the Courts of Law if necessity should arise for their interference—would find in the working of the plan of Federation a check sufficient to prevent it from transcending its legitimate authority.

      Preamble, §§. 91, 92 and 101 of the Constitution Act, 1867.

    14. in laying a basis for the union of these Provinces, it was not proposed that the General Government should have merely a delegation of powers from the Local Governments, but it was proposed to go back to the fountain head, from which all our legislative powers were derived—the Imperial Parliament—and seek at their hands a measure which should designate as far as possible the general powers to be exercised by the General Legislature, and also those to be exercised by the Local Legislatures, reserving to the General Legislature all subjects not directly committed to the control of the Local bodies.

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

    15. that the reservation of what were popularly known as State rights had been to a great extent the cause of the difficulties which were now agitating that great country.

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

    16. liar. But it must not be supposed, on account of the use of that term, that in the Union now proposed to be established it was intended to imitate the Federal Union which we had seen existing in the United States. In the United States, the general Government exercised only such powers as were delegated to it by the State Governments at the time the Union was formed. Each State was regarded as a sovereign power, and it chose for the common interest to delegate to the general Government the right of deciding upon certain questions, which were expressly stated All the undefined powers, all the sovereign rights, remained with the Governments of the several States

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

    17. having unfortunately for our common interests comparatively little intercourse with each other, the difficulty was felt that, if we attempted to make a Legislative Union of these Provinces in the first instance, the dread, in the case of the Lower Provinces and probably of many among ourselves that peculiar interests might be swamped and certain feelings and prejudices outraged and trampled upon, was so great that such a measure could not be entertained and we were compelled to look for what was sought in a form of government that would commit all subjects of general interest to a general Government and Legislature, reserving for local Legislatures and Governments such subjects as from their nature required to been trusted to those bodies. (Cheers.) The term Federation was used with reference to the proposed Union, because it was that with which the public mind was most fami

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

    18. to determine whether it should be a Federal or a Legislative Union. A Legislative Union, as they were all aware, had certain advantages over one based on the Federal system. It was a more complete union, and implied a more direct action and control of the government over the interests of the people at large. And, where a people were homogeneous, and their interests of such a character as to admit of – niformity of action with regard to them, it could not be doubted that a government on the principle of a Legislative Union was the one which probably operated most beneficially for all

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

    19. the Hon. Mr. Brown and two other gentlemen representing the Liberal party of Upper Canada had entered, to address themselves to the preparation of a measure that would partake of a federal character as far as necessary with respect to local measures, while it would preserve the existing union in respect to measures common to all ; that they would endeavor, if necessary, to strike out a federal union for Canada alone, but that at the same time they would attempt, in considering a change in the Constitution of this country, to bring the Lower Provinces in under the same bond, as they were already under the same Sovereign. It was highly proper that, before touching the edifice of Government that had been raised in Canada they should address the statesmen of the Lower Provinces, and try to induce them to form a common system If it were found impossible to have a legislative union of all the British American Provinces, then they could reserve to the local governments of the several Provinces the control of such subjects as concerned them, while the rest should be committed to the cue of the General Government

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