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ral in Council.
Power to Her Majesty to authorize Gov
relation to the government of Canada. See section 65, which confers like power on the provincial legislative assemblies, far as these powers are exerciseable in relation to the
government of the provinces of Ontario and Quebec. See also notes to section 129, post, with particular reference to Dobie v. Temporalities Board, L. R. 7 App. Cas. 136. Application of provisions re
13. The provisions of this Act referferring to Governor-Gene ring to the Governor-General in Council
shall be construed as referring to the Governor-General acting by and with the advice of the Queen's Privy Council for
Canada (i). (i) Compare section 66, and see chapter VIII, ante, p. 167, et seq., for a reference to those matters in respect of which the Governor-General, in contemplation of law, acts alone.
14. It shall be lawful for the Queen, ernor-General if Her Majesty thinks fit, to authorize the to appoint Deputies. Governor-General from time to time to
appoint any person or any persons jointly or severally to be his Deputy or Deputies within any part or parts of Canada, and in that capacity to exercise during the pleasure of the Governor-General such of the powers authorities, and functions of the Governor-General, as the GovernorGeneral deems it necessary or expedient to assign to him or them, subject to any limitations or directions expressed or given by the Queen; but the appointment of such a Deputy or Deputies shall not affect the exercise by the GovernorGeneral himself of any power, authority or function (i).
(i) The commission to Lord Monck (clause 8), and the Letters Patent of 1878 (clause 6), expressly authorize the appointment, by the Governor-General, of a deputy. See chapter VIII. ante, p. 168. In the case of Regina v. Amer (1), which came before the court upon a case stated, a commission to hold an assize, attested in the name of
Deputy of the Governor-General of Canada," was referred to in the “ case,” and Harrison, C.J., assumed :
“ That the Queen authorized the appointment of a Deputy Governor, and that the prerogative power in question was conferred by the Governor-General upon the Deputy Governor, without any limitation or direction on the part of the Queen, and so that it has been exercised by the proper authority,”. there being no statement to the contrary in the case. In that case, commissions had been issued both by the Governor-General, and by the Lientenant-Governor, and the judgment of the Court affirmed the authority of the Governor-General to issue such commission; but it is submitted that the power to exercise this prerogative is properly with the Lieutenant-Governor, and not with the the Governor-General—so far at least as provincial courts are concerned—as it is a prerogative directly connected with “the administration of justice in the province,” and therefore falls within the class of matters over which a provincial legislature is exclusively entitled to exercise legislative authority. See B. N. A. Act, s. 92, 8-s. 14.
As to the appointment of a Deputy Lieutenant-Governor, see notes to section 67, post.
15. The Command-in-Chief of the Command of Land and Naval Militia, and of all Naval be vested in and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen (i).
(i) This is one of those matters in respect of which colonial legislative power is subject to many restrictions
armed forces to continue to
(l) 42 U. C. Q. B. 391.
Seat of Goverpnient of Canada.
arising from the existence of Imperial legislation of express colonial application. See chapter IX. ante. So far as such legislation does not extend, the subject is, as between the Dominion and the provinces, exclusively with the former: see B. N. A. Act, section 91, sub-section 7, and notes thereto. Our legislation upon the subject is contained in R. S. C. c. 41, to which the reader is referred, as the subject is beyond the scope of this work-political rather than legal.
16. Until the Queen otherwise directs, the seat of Government (i) of Can
ada shall be Ottawa (ii). (i) “ The seut of government.” — Compare section 68, where the same form of expression is used in reference to the provincial capitals. This fact, too, strongly supports the view that the position of the provinces is the same, in principle, as that of the Dominion.
(ii) “ Ottawa.”—This city is wholly within the boundaries of the province of Ontario. See the powerful speech of Mr. C. Dunkin, in favor of placing the Federal capital entirely under the jurisdiction of the Federal government, just as the District of Columbia (within which is situated the city of Washington) is under the control of the Federal government of the United States.---Confed. Deb. p. 507.
IV.-LEGISLATIVE POWER. (i).
Constitution of Parliament of Canada.
17. There shall be one Parliament (ii) for Canada, consisting of the Queen (iii), an Upper House, styled the Senate (iv),
and the House of Commons (v). (i) “ Legislative power.”—— See chapter IX., ante, for a full discussion of the extent of the legislative power of a British colony.
(ii) “ Parliament." - The use of this term in reference to the legislative body of the Dominion only, has been much utilized in argument to belittle the position of the provincial legislative assemblies; but their co-ordinate rank with the Dominion parliament (each supreme within its sphere of legislative authority) is now finally established : Hodge v. Reg. 9 App. Cas. 117; Bank of Toronto v. Lambe, 12 App. Cas. 575; Liquidators of the Maritime Bank v. Receiver-General of New Brunswick, Times L. R. Vol. VIII. p. 677. The appellation bestowed upon any of these bodies is immaterial. The question is, have they legislative powers in the proper sense of that term ?
(iii) “ The Queen."— The position of the Queen as constituent branch of parliament will be found discussed in chapter VI. Inte, p. 132, et seq., where we have also pointed out that the Crown is also a constituent branch of every colonial legislature. As to the position, in this regard, of the legislative assemblies of the province, see notes to section 69, post.
(iv) “ The Senate.”—See section 21, et seq.
(18. The privileges, (ii), immunities, Prurileces, &c and powers (iii), to be held, enjoyed and exercised by the Senate and by the House of Commons and by the members thereof respectively shall be such as are from time to time defined by Act of the Parliament of Canada (iv), but so that any Act of the Parliament of Canada defining such privileges, immunities and powers shall not confer any privileges, immunities or powers exceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House (v) of Parliament of
the United Kingdom of Great Britain and
Ireland and by the members thereof. (i) The section, as it originally stood, limited the power of the Parliament of Canada to defining its privileges, etc., by its own enactment,“ but so that the same shall never exceed those at the passing of this Act, held, enjoyed, etc."
In 1873, the parliament of Canada passed an Act, 36 Vic. c. 1, “ To provide for the examination of witnesses on oath by committees of the Senate and House of Commons in certain cases.” At the date of the passage of the B. N. A. Act, the committees of the Imperial “ Commons House had no power to examine witnesses upon oath (although they had been given (m) that power prior to 1873), and for this reason the Dominion statute was disallowed by the Imperial Privy Council. The Act had been passed in order to facilitate enqiries into what is popularly known as the “Pacific Scandal," and its disallowance created some excitement. The result of negotiations with the Imperial authorities (n) was the passage of “The Parliament of Canada Act, 1875," 38 & 39 Vic. c. 38 (Imp.), which substituted the section, as above printed, for the original section 18 of the B. N. A. Act, 1867. It also expressly validated 31 & 32 Vic. c. 24 (Dom.), “An Act to provide for oaths to witnesses being administered in certain cases for the purpose of either House of parliament,” as to the validity of which doubts had been expressed. “The Parliament of Canada Act, 1875,"contains no further legislation than as above noted, and it is therefore not thought necessary to reprint it in full.
(ii.) “ Privileges, etc.”—The law which detines the “privileges, iinmunities, and powers ” of the British parliament, and of the members thereof, is almost altogether part of the ancient law of England. The branch of English
(m) See 31 & 35 Vic. c. 83 (Imp.).
(n) See Can. Comm. Jour., 1873 (Oct. Sess.), p. 5; Ses3. Pap. (1877), No. 99.