under certain circumstances, lie to the Judicial Committee of the Privy Council. It follows from what has been said that a citizen of Canada Three legislais subject to three distinct legislatures, the provincial Legisla- tures. ture, the Dominion Parliament, and the Imperial Parliament, and to three distinct executive bodies, the Provincial Executive, the Dominion Privy Council, and the English Cabinet. If he thinks that in legislating on any matter affecting his rights the Dominion or the Provincial legislature has overstepped the limits of its powers, he may challenge the legality of the statute in a court of law, but as regards a statute of the British Parliament he has no legal redress. The decision of a Dominion court is as binding on him as the decision of a court of his province, and as the Sheriff and other officials who execute provincial judgments are ex officio officials of the Dominion, the Courts of the Central Government have the requisite machinery for exacting obedience to their decrees. Provinces. Each province has the right of determining whether its Powers of legislature shall consist of one or two houses. In Ontario, Manitoba and British Columbia the legislature consists of one house only. The qualifications of voters and of members is, as a rule, determined by the province. The legislative powers of a province are fixed by Imperial Statutes, and as far as possible are specifically enumerated. A province may legislate on property and civil rights, provincial lands, the borrowing of money for provincial purposes, direct taxation, public institutions, tavern licences, the incorporation of provincial companies, and the solemnization of marriage. All local works and undertakings as well as municipal institutions and "all matters of a merely local or private nature in the province" are within its jurisdiction. In order to secure a uniform criminal law throughout the Dominion, criminal law and procedure have been placed under the Dominion, Provincial Dominion Legislature. The otherwise the province has full jurisdiction in regard to the administration of justice, and may by fine or imprisonment enforce any law relating to any subject within its jurisdiction. All laws require the assent of the Lieutenant-Governor of the province, and power is given to the Governor-General to disallow any provincial law. At the head of the Provincial Executive is the LieutenantGovernor, a Dominion officer, appointed by the GovernorGeneral. An Executive Council, selected by him on the same principles that govern the selection of the members of the English Cabinet, assists and advises him in administering public affairs. The Council holds office so long as it retains the confidence of the legislature; if such confidence be lost the members resign, and those who enjoy the support of the majority in the legislature take their places. The Lieutenant-Governor summons, prorogues and dissolves the provincial legislature, and discharges other important duties conferred on him by statute. In framing the constitution of the central legislature the House of Lords seems to have been taken as the type of an Upper House, and the United States Assembly as the type of a Lower House. Some difference of opinion prevailed as to whether members of the Upper House should be elected or nominated, but it was finally decided that the nominative principle should be followed, and that as an hereditary body was unsuited to Canada all appointments should be for life. A property qualification of 4000 dollars was imposed, and all senators were required to be not less than 30 years of age. The number of senators was fixed at 72, and as it was found that the provinces in favour of union fell into three groups, viz. Upper Canada or Ontario, with its agricultural population and agricultural interests, Lower Canada or Quebec, with its special institutions and laws, and the maritime pro vinces, with their commercial interests, it was resolved that each division should be equally represented in the Senate by 24 members. On the formation of the province of Manitoba and the admission of British Columbia three members were assigned to each of these two provinces, and subsequently provision was made for the representation of the North West Territories by two senators, so that the normal number of the Senate is now 80. In the formation of the House of Commons it was deemed House of Commons. desirable to make provision for the adjustment of representation to population, and for this purpose a simple and ingenious plan was adopted. The Province of Quebec or Lower Canada, which enjoyed a population of a permanent character, was taken as the starting point, and the fixed number of 65 members was assigned to it. To the remaining provinces were assigned as many representatives in proportion to their population as 65 bore to the population of Quebec. Adjustments of the representation took place after the census of 1871 and the census of 1881, and in 1886 representation was conceded to the North West Territories. The total number of members of the House of Commons is now 215. Taking the total population of Canada as 4,324,810 we have one representative for every 20,115 people as compared with one representative for every 155,465 in the United States. No attempt was made in 1867 to introduce a uniform Franchise. franchise throughout the Dominion, but the precedent of the Canada Union Act of 1841 was followed, and a vote for the Dominion House of Commons was given to every man who in his own province was qualified to vote for his own provincial assembly. It was not until 1885 that the Dominion Parliament exercised its power of providing a general franchise for the whole Dominion. The franchise is now based on either ownership, or occupation, or income. The ownership or occupation of premises of the value of $300 in cities, $200 in towns, and $150 in other places confers the right to vote, Duration of Parliament. Executive. provided that in the case of occupation the occupation has lasted for one year. An income of $300 a year, or an annuity of $100 a year, if accompanied by residence of one year, also gives a vote. A son if resident with his father may become qualified through his father's ownership or occupation, and a fisherman can be placed on the register if he owns land, boats, or fishing tackle of the value of $300. Special provision is made for giving the franchise to Indians. The duration of Parliament was fixed, subject to the power of the Crown to dissolve it at any time, at five years. Previous to the Union the average duration of the legislature in the old province of Canada had been three and a half years. Since the Union there have been five parliaments, the first continued practically for five years, the second was dissolved within a year, the third had an existence of four years and five months, the fourth did not quite complete its fourth year, whilst the fifth, which met in Feb. 1883, was not dissolved until 1887. Dominion In the constitution of the Executive the English Constitution has been followed. The executive power is vested in the Sovereign, who carries on the work of administration through a Governor-General, assisted by a body of ministers known as the Canadian Privy Council. The Governor-General is appointed by the Crown, and the ministers are appointed by the Governor-General. But in accordance with the principle of "responsible government" the Governor-General is by constitutional practice required to select as his ministers those members whose policy obtains the confidence of the House of Commons. The position of a minister is therefore similar to that of a member of the Cabinet; but whilst the English Cabinet is "unknown to the law," the Union Act makes express provision for the constitution of the Canadian Privy Council. Governor- In all matters not directly affecting Imperial interests the Governor-General is required to act by the advice of his General. ministers. His power is therefore of a much more limited nature than that enjoyed by the President of the United States. The President during his term of office may act independently of his ministers, who are to be regarded rather as heads of departments than as advisers of the Chief of the State. The Canadian Parliament has full power to legislate on all Powers of Legislamatters not assigned to the Provinces, and not directly or tion. indirectly reserved to the Imperial Parliament. Twenty-nine classes of subjects are enumerated in the Union Act of 1867 as within the legislative competence of the Dominion, but it is expressly declared that such enumeration shall not restrict the general power given "to make laws for the peace, order and good government of Canada in relation to all matters not coming within the classes of subjects assigned exclusively to the legislatures of the Provinces." The enumeration of specific subjects is therefore to be taken by way of illustration, or as throwing light on the specific powers assigned to the provinces. The Dominion legislature is restricted not merely by the provincial powers but by the express and implied reservations in favour of the Imperial Parliament. No duties as between the different provinces can be imposed by the Dominion, nor can the Dominion alter the leading principles of its Constitution. In such matters the Imperial Parliament alone can take action, and when, for example, it was thought desirable to provide for the representation of the North West Territories in parliament, an Imperial Act had to be obtained giving the requisite power to pass the necessary legislation. Parlia Comparing the powers of the Dominion Parliament with Dominion those of the United States Congress the chief differences are ment and as follows: 1. The only portion of Criminal Law delegated to Con- 1. Crimigress relates to counterfeiting securities and current coin of the U. S. Congress. nal Law. |