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place in the Territories. The Council was reduced in number-so far as appointed members were concerned-to five persons, with powers as defined in the Act, and with such further powers not inconsistent therewith as might from time to time be conferred by Order in Council. As, however, the section of the Act defining the legislative powers of the Lieutenant-Governor in Council (g), was in force for only some six months, and as a reference to the ordinances passed at the session held while it was so in force discloses that nothing was done in the way of legislation which was not fully justified by the powers conferred by the Act, we have not thought it necessary to quote the section. By the 6th section of this Act all laws and ordinances then in force in the Territories were to continue until altered or repealed by competent authority. The Governor-General in Council was empowered (h) to apply any Act, or part of any Act of the Dominion parliament to the Territories generally or to any part thereof. The Lieutenant-Governor was empowered to establish, as population increased, electoral districts, and it was provided that so soon as the number of elected members of the Council should reach 21, the Council should cease to exist and a Legislative Assembly take its place. In the electoral districts the Lieutenant-Governor in Council might impose direct taxation and license fees for raising a revenue for the local and municipal purposes of each district. Power was also given to establish municipalities in the electoral districts, with powers of municipal taxation to be prescribed by ordinance of the Lieutenant-Governor in Council. In reference to education, it was provided that any legislation upon the subject should be subject to the right of the minority in any district, whether Protestant or Roman Catholic, to establish separate schools, the supporters of which should be exempt from taxation for the support of the schools estab
(9) 38 Vic. c. 49, s. 7; repealed by 40 Vic. c. 7. (h) Sec. 8.
lished by the majority. The Act also contained much legislation upon such general topics as real estate and its descent, wills, married women, registration of deeds, etc. Provision was made for the administration of justice through the medium of local courts presided over by stipendiary magistrates, who in more serious criminal cases were to be associated with the chief justice or one of the judges of the Court of Queen's Bench of Manitoba. In capital cases an appeal lay to the full Court of Queen's Bench of that province.
Period from 28 April, 1877, to R. S. C. (1886).
The North-West Territories Act, 1875, was, as we have intimated, amended in a most important particular by 40 Vic. c. 7, passed about six months after the Act of 1875 came into operation. The section defining the legislative powers of the Lieutenant-Governor in Council was repealed and the following section substituted therefor:
"17. The Lieutenant-Governor in Council, or the LieutenantGovernor by and with the advice and consent of the Legislative Assembly, as the case may be, shall have such powers to make ordinances for the Government of the North-West Territories as the Governor in Council may, from time to time confer upon him ; Provided always that such powers shall not at any time be in excess of those conferred by the ninety-second section of
The British North America Act, 1867,' upon the Legislatures of the several Provinces of the Dominion :
“2. Provided that no ordinance to be so made shall,—(1) be inconsistent with or alter or repeal any provision of any Act of the Parliament of Canada in Schedule B. of this Act, or of • any Act of the parliament of Canada, which may now, or at any time hereafter, expressly refer to the said Territories or which or any part of which may be at any time made by the Governor in Council, applicable to or declared to be in force, in the said Territories, or,—(2) impose any fine or penalty exceeding one hundred dollars :
“3. And provided that a copy of every such ordinance shall be mailed for transmission to the Secretary of State, within ten
days after its passing, and it may be disallowed by the Governor in Council at any time within two years after its receipt by the Secretary of State; Provided, also, that all ordinances so made, and all Orders in Council disallowing any ordinances so made, shall be laid before both Houses of Parliament, as soon as conveniently may be after the making and enactment thereof respectively."
On the 11th of May, 1877, an Order in Council was passed which, after reciting the statutes of 1875 and 1877, ran thus :
Now, in pursuance of the powers by the said statute conferred, his Excellency, by and with the advice of the Privy Council, has been pleased further to order, and it is hereby ordered, that the Lieutenant-Governor in Council shall be and he is hereby empowered to make ordinances in relation to the following subjects, that is to say:
1. The establishment and tenure of territorial offices, and the appointment and payment of territorial officers ;
2. The establishment, maintenance and management of prisons in and for the North-West Territories ;
3. The establishment of municipal institutions in the Territories, in accordance with the provisions of the "North-West Territories Acts, 1875 and 1877" (i);
4. The issue of shop, auctioneer and other licenses, in order to the raising of a revenue for territorial or municipal purposes (i);
5. The solemnization of marriage in the Territories ;
6. The administration of justice, including the constitution, organization and maintenance of territorial courts of civil jurisdiction;
7. The imposition of punishment by fine, penalty or imprisonment for enforcing any territorial ordinance;
8. Property and civil rights in the Territories, subject to any legislation by the parliament of Canada upon these subjects, and
(i) Somewhat amended in 1883; see post.
9. Generally on matters of a merely local or private nature in the Territories.
These Acts were from time to time amended, consolidated and revised, as we shall indicate, but, substantially, the legislative power of the Lieutenant-Governor in Council continued to be governed by the above section and the Order in Council we have quoted until 1888–indeed, we may say, until 1891, for, upon the establishment of a legislative assembly in the former year, its powers of legislation were not increased beyond those exerciseable before its creation by the Lieutenant-Governor in Council.
In 1880, by 43 Vic. c. 25, previous Acts were amended and consolidated. The time for disallowing territorial ordinances was shortened to one year, and the clauses of the Act of 1875 relating to municipalities eliminated, being deemed, no doubt, to be covered by the Order in Council above quoted (j). The participation of Manitoba judges in the administration of justice in the Territories was abolished except in the matter of appeals in capital cases.
We may mention also 47 Vic. c. 23, and 48-49 Vic. c. 51, making amendments of details not material to be further noted here.
On June 26th, 1883, a new Order in Council was promulgated defining the powers of the Lieutenant-Governor, whether acting in Council or by and with the advice and consent of the legislative assembly (k); the only amendment, however, of the Order in Council of 1877 above quoted being in items 3 and 4, which were made to read as follows:
“3. Municipal Institutions in the Territories, subject to any legislation by the Parliament of Canada heretofore or hereafter enacted :
"4. The issue of shop, auctioneer, and other licenses, except
(j) See 45 Vic. c. 28, and 47 Vic. c. 23, s. 10.
licenses for the sale of intoxicating liquors, in order to the raising of a revenue for territorial or municipal purposes."
In 1886, important legislation was enacted (49 Vic. c. 25), but as it was carried at once into the Revised Statutes of that year we need not stay to consider its provisions (1).
At the present time the position of these territories is defined by “The North-West Territories Act” (R. S. C. c. 50), and amendments thereto as follows :
A. D. 1886.
An Act respecting the North-West Ter
consent of the Senate and House of Commons of Canada enacts as follows:
“ The North
1. This Act may be cited as West Territories Act."
2. In this Act, unless the context otherwise
requires,Interpretation (a) The expression “Territories” " Territories."
means the North-West Territories, as defined in this Act; “ Lieutenant (6) The expression “The Lieutenant-Gover
nor” means the Lieutenant-Governor of the
(c) The expression “ Lieutenant-Governor in Council."
Council" means the Lieutenant-Governor of the
case may be; (1) It was proclaimed 18th February, 1887 ; the R. S. O. took effect 1st March, 1887.