Imágenes de páginas
PDF
EPUB

23 sub-section 6. The reason for these provisions is disclosed in the Confederation Debates :

“ It has been so arranged to suit the peculiar position of this section of the province (8). Our Lower Canada friends felt that they had French Canadian interests and British interests to be protected and they conceived that the existing system of electoral divisions would give protection to these separate interests. We in Upper Canada, on the other hand, were quite content that they should settle that among themselves, and maintain their existing divisions if they chose.”-per Hon. George Brown, Confed. Deb. 90.

* Lower Canada is in a different position from Upper Canada and

there are two nationalities in it, occupying certain portions of the country. Well, these divisions have been made so as to secure to both nationalities their respective rights, and these, in our opinion, are good reasons for the provision that has been inade."-per Sir E. P. Tache, ib. 210.

23. The qualification of a Senator qualifications shall be as follows:(1) He shall be of the full

age

of
thirty years :
(2) He shall be either a natural-born

subject of the Queen, or a subject
of the Queen naturalized by an
Act of the Parliament of Great
Britain, or of the Parliament of the
United Kingdom of Great Britain
and Ireland, or of the Legislature
of one of the Provinces of Upper
Canada, Lower Canada, Canada,

Nova Scotia, or New Brunswick, (8) i.e., of (old) Canada.

Can. Con.-18

before the Union, or of the Parlia

ment of Canada after the Union. (3) He shall be legally or equitably

seised as of freehold for his own use and benefit of lands or tenements held in free and common socage, or seised or possessed for his own use and benefit of lands or tenements held in franc-aleu or in roture, within the Province for which he is appointed, of the value of four thousand dollars, over and above all rents, dues, debts, charges, mortgages, and incumbrances due or payable out of or charged on or

affecting the same: (4) His real and personal property

shall be together worth four thousand dollars over and above his

debts and liabilities: (5) He shall be resident in the Pro

vince for which he is appointed : (6) In the case of Quebec he shall

have his real property qualification in the Electoral Division for which he is appointed, or shall be resident in that Division.

Summons of
Senator.

24. The Governor-General (i) shall from time to time, in the Queen's name, by instrument under the Great Seal of Canada, summon qualified persons to the Senate; and, subject to the provisions of

this Act, every person so summoned shall become and be a member of the Senate and a Senator.

Senators.

Addition of

(i) The Governor-General.—The duties of the Governor-General under this section have been already discussed. See chapter VIII. ante, p. 169, where will also be found noted, the different meaning given to the word “summon in this section, and in section 38.

25. Such persons shall be first sum- first body of moned (i) to the Senate as the Queen by warrant under Her Majesty's Royal Sign Manual thinks fit to approve, and their names shall be inserted in the Queen's Proclamation of Union.

(i) Such persons shall be first summoned.—See the Queen's Proclamation of Union in the Canada Gazette.

26. If at any time on the recommen- Senators in dation of the Governor-General the Queen thinks fit to direct that three or six members be added to the Senate, the Governor-General may by summons to three or six qualified persons (as the case may be), representing equally the three divisions of Canada, add to the Senate accordingly.

(i) “ Addition of Senators.”—The Quebec Resolutions made no provisions for any alteration in the number of Senators, and the absence of such provision was commented on in a despatch of the then Secretary of State for the Colonies in these terms:

“ The second point which Her Majesty's government desire should be reconsidered, is the constitution of the Legislative Council. They appreciate the considerations which have influenced the Conference in determining the mode in which

certain
cises. (i)

this body, so important to the constitution of the legislature, should be composed. But it appears to them to require further consideration, whether, if the members be appointed for life, and their number be fixed, there will be any sufficent means of restoring harmony between the Legislative Council and the popular assembly, if it shall ever unfortunately happen that a decided difference of opinion shall arise between them."

The above section was inserted in the Act to meet the views of the Imperial authorities as expressed in the above despatch, but it has never been acted upon. In the only case in which an addition to the membership of the Senate was sought under this section, it was refused by the Imperial authorities (t). In view of the position to which we have before adverted, namely, the power of the Dominion parliament to regulate the number of Senators from those parts of Canada not erected into provinces, this and the next section may be said to be practically effete. It is certainly somewhat anomalous to place in the hands of the Imperial Cabinet the power to grant or refuse the request of the Dominion government, in a matter so entirely one for local consideration.

27. In case of such addition being at any time made the Governor-General shall not summon any person to the Senate, except on a further like direction by the Queen on the like recommendation, until each of the three divisions of Canada is represented by twenty-four Senators and no more.

Reduction of Senate to normal num: ber.

Maximum number of Senators.

28. The number of Senators shall

not at any time exceed seventy-eight (i). (i) “ Seventy-eight.This is the legal limit at present, so far as regards Ontario,Quebec and the Maritime Provinces;

(t) See Todd, “ Parl. Govt. in Brit. Col.,” p. 164

Senate.

Senate.

namely, seventy-two under section 21, with a possible addition of six under section 26. In note (i) to section 21, we have referred to the additions which have been made to the membership of the Senate on the admission of the different provinces and territories which, since Confederation, have become part of the Dominion. See also Part IV. There is now no "maximum number” as indicated in the side-note.

29. A Senator shall, subject to the Teacher of provisions of this Act (i), hold his place in the Senate for life (ii).

(i) “ Subject to the provisions of this Act.”—See the two following sections, 30 and 31.

(ii) “ For life.”—See note (i) to section 21, ante, p. 268.

30. A Senator may by writing under Resignation his hand addressed to the Governor-General resign his place in the Senate, and thereupon the same shall be vacant.

31. The place of a Senator shall be- Disqualificacome vacant in any of the following cases :(1) If for two consecutive Sessions

of the Parliament he fails to give

his attendance in the Senate:
(2) If he takes an oath or makes a

declaration or acknowledgment of
allegiance, obedience or adherence
to a foreign power, or does an act
whereby he becomes a subject or
citizen, or entitled to the rights or
privileges of a subject or citizen of
a foreign power:

Senators.

« AnteriorContinuar »