CHAPTER XI.

THE DOMINION PARLIAMENT.

1. Parties to Legislation.

THE legislative power of the Dominion is generally represented as being vested in (1) the Parliament of Canada, consisting of two Houses, viz. a Senate and a House of Commons, and (2) the Governor-General. Inasmuch, however, as the Crown may veto any Canadian Act, it is more correct to say that the Legislature of the Dominion consists of (1) the Crown, (2) the Governor-General and (3) the Parliament of Canada'. Reserving for later consideration the relations of the Crown and the Governor-General to legislation, an account will now be given of certain matters relating to Parliament generally and then the constitution and functions of each House will be considered in detail.

2. How summoned.

Though the British North America Act, 1867, makes provision for the appointment of senators, the election of members of the House of Commons, and the meeting of Parliament once a year, it is silent as to the manner in which Parliament is summoned, except in so far as it provides by section 38 that the Governor-General may summon the

1 B. N. A. Act, ss. 17, 55, 57.

House of Commons in the Queen's name under the great seal.

By the Letters Patent' constituting the office of GovernorGeneral the Crown authorizes and empowers the GovernorGeneral to exercise all powers belonging to the Crown in respect of the summoning, proroguing or dissolving of the Canadian Parliament. The Governor-General has therefore full legal power to exercise the prerogative rights of summoning or dissolving Parliament. In exercising these powers he follows closely the practice adopted by the Crown in England.

The Dominion like the English Parliament is summoned Summons. for the despatch of business by proclamation issued by and with the advice of the Ministry. Various months have been selected for the time of meeting but it is now understood that Parliament will be summoned as early in the year as possible.

The form of proclamation is as follows.

Form of proclamation.

Lansdowne,

CANADA.

VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland QUEEN Defender of the Faith &c., &c.

To our beloved and faithful the Senators of the Dominion of Canada and the Members elected to serve in the House of Commons of our said Dominion and to each and every of you:-GREETING:

A PROCLAMATION.

Whereas the meeting of our Parliament of Canada stands Prorogued to the 17th day of the month of December next, Nevertheless, for certain causes and considerations, We have thought fit further to prorogue the same to Thursday the

1 See Appendix,

Proceedings in the House of Commons.

seventeenth day of the month of January next, so that neither you nor any of you on the said seventeenth day of December next at Our city of Ottowa to appear are to be held or constrained for we do will that you and each of you, be as to Us, in this matter, entirely exonerated; commanding and by the tenour of these presents, enjoining you and each of you and all others in this behalf interested that on Thursday, the seventeenth day of the month of January next at Our city of Ottawa aforesaid, personally be and appear for the despatch of business to treat, do, act, and conclude upon those things which in our said Parliament of Canada by the Common Council of our said Dominion, may by the favour of God be maintained.

In testimony whereof We have caused these our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness &c.

3. The opening of Parliament.

When a new House of Commons is elected, the members assemble in their Chamber on the morning of the day mentioned in the proclamation and at an hour fixed by the clerk, for the purpose of taking the oath and signing the roll. The Clerk of the Crown in Chancery attends at the table and delivers to the clerk of the House a roll containing the names of duly elected members. The oath of allegiance in the form set out in the British North America Act 1867,

I

do swear that I will be faithful and bear true allegiance to her Majesty Queen Victoria;

is administered by one of the clerks or the Sergeant-atarms authorized for that purpose by the Governor-General'. By the British North America Act 1867, section 44, the Speaker. House of Commons on its first assembling after a general

Election of

1 B. N. A. Act, 1867, s. 128.

election is to "proceed with all practicable speed to elect one of its members to be Speaker." The House might evidently under this provision at once elect its Speaker, and such election would be complete without any confirmation by the Governor-General.

The customary method of proceeding to the election is Election of Speaker. as follows:

Shortly before the hour fixed for the opening of Parliament, the members re-assemble. On the Usher of the Black Rod presenting himself at the door, which he strikes three times with his rod, he is admitted. Advancing up the floor of the House he makes three obeisances and says in French. and in English

"Gentlemen [or Mr Speaker in subsequent sessions], his Excellency the Governor-General desires the immediate attendance of this honourable House in the Senate chamber."

The Usher then retires and the members proceed to the Senate chamber in order to hear the message relating to the election of Speaker. The Speaker of the Senate thereupon addresses the members as follows:

"His Excellency the Governor-General does not see fit to declare the causes of his summoning the present Parliament of the Dominion of Canada until a Speaker of the House of Commons shall have been chosen according to law, but to-morrow, at the hour of his Excellency will declare the causes of his calling this Parliament.”

The Commons then return to their chamber. The clerk presides and the election of Speaker is proceeded with, any question relating thereto being put to the House by the clerk. The member duly elected is conducted to the Chair by his proposer and seconder, where he returns his thanks to the House for the honour conferred on him. The mace is

Approval of

then placed on the table and the House adjourns to the following day. Upon its re-assembling the Usher of the Black Rod again desires its attendance in the Senate chamber. The Speaker-elect then informs the Governor-General of his election and claims for the House "all their undoubted rights and privileges." The Speaker of the Senate on behalf of his Excellency replies that "he fully confides in the duty and attachment of the House of Commons to Her Majesty's person and government and upon all occasions will recognize and allow their constitutional privileges.'

In the English House of Commons the choice of a Speaker Speaker. is "confirmed and approved" by the Crown. This course was followed in some of the Legislatures of the old provinces; but when in 1827 Lord Dalhousie, then Governor-General, refused to approve the election of Mr Papineau as Speaker of the Legislative Assembly of Lower Canada, the Assembly passed a resolution declaring the action of the GovernorGeneral to be unconstitutional, as the Act constituting the Legislature did not require the choice of Speaker to be approved by the Governor-General. The form of approval

remained in force in Upper and Lower Canada until the union of the two provinces in 1841, but the Act of Union is silent on the point.

After the delivery of the usual speech by the GovernorGeneral the members return to their own House, the Speaker after taking the chair informs the House that the usual privileges had been granted to the House by the GovernorGeneral. The reports of Judges and returns of the Clerk of the Crown in Chancery respecting elections are then presented, and in accordance with the custom prevailing in the Reading English House of Commons a bill is read a first time pro forma in order to assert the right of the House to deal with any business it may think right to discuss before proceeding to the consideration of the matters contained in the speech.

bill pro

forma.