ERRATA ET CORRIGENDA. Page 40, line 19-for 66 126, 66 clearly" read “ equally." 12-""we have enumerated" read "enunciated." 64 187, "" 32- "6 "on" read "no." 194, What is said in the note (c) is subsequently qualified; see pp. 348-9. 228, The sentence beginning on line 4, is subsequently qualified. 289, line 18-for "1875" read "1874." 46 5- " 66 297, 66 66 -- 19-" 66 distribution "read "re-distribution." 406, Reference should be made to the decisions in British Colum 429, head-line-for "sec. 91" read "see. 92." 444, line 18-for "majorities" read " 'majority." 18-" "35 Vic." read "53 Vic." 66 479, line 4-for "milked " read "milk." THE Law of the Canadian Constitution. CHAPTER I. OUR POLITICAL SYSTEM-A COMPARATIVE EXAMINATION. By virtue of a certain Act (a), passed by the Parliament of the United Kingdom, and Her Majesty's proclamation pursuant thereto (b), the Dominion of Canada became "a new thing under the sun" of the first day of July, 1867. The Imperial Act provides for its own citation as "The British North America Act, 1867," but we shall not only save space, but conform also to usage on this side of the Atlantic, by using throughout the shorter title of "The B. N. A. Act" (c). For a quarter of a century our form of political organization has been, under that Act, a “general” government (of which we shall always speak as the "Dominion" government), charged with matters of common interest to the whole country, and "local" governments (to be spoken of as "Provincial" governments), charged with the control of local matters in their respective sections. (b) Sec. 3. (a) 30 & 31 Vic. c. 3 (Imp). (e) Subsequent amendments are similarly entituled, but whenever it becomes necessary to refer to any one of them, we shall, by way of distinction, add the year. CAN. CON.-1 The sphere of political activity, assigned to each of these two sorts of government, is carefully mapped out in the B. N. A. Act; taken together, they comprise the most extensive field of colonial self-government in the British Empire to-day. The constitution, too, of each of those governments is provided for, either expressly, as in the case of the Dominion government, or by the incorporation into the Act of previously existing constitutions, as in the case of some, at least, of the Provincial governments. In the preamble to the B. N. A. Act, it is recited that the provinces of Canada, Nova Scotia and New Brunswick, had expressed their desire for a federal union into one Dominion, "with a constitution similar in principle to that of the United Kingdom," and the opinion is ventured that such a union would conduce to the welfare of the provinces, and promote the interests of the British Empire. "Be it therefore enacted," etc. A clearer indication that the design of the B. N. A. Act was to establish in Canada such a union with such a constitution as was desired by the petitioning provinces, could hardly have been given. The expression of desire to which the Act refers in the recital above quoted, is to be found in the third and fourth of the resolutions passed at the Conference, at Quebec, of delegates from the various provinces: "III. In framing a Constitution for the General Government, the Conference, with a view to the perpetuation of our connection with the Mother Country, and the promotion of the best interests of the people of these provinces, desire to follow the model of the British Constitution so far as our circumstances will permit. "IV. The Executive authority or Government shall be vested in the Sovereign of the United Kingdom of Great Britain and Ireland, and be administered according to the well-understood principles of the British Constitution, by the Sovereign personally, or by the representative of the Sovereign, duly authorized." |
