122 THE EXECUTIVE GOVERNMENT [PART II 
arrangement should be made between the province and 
the federation under which the counsel appointed under the 
prerogative by the Governor-General, and under statute by 
the provincial Lieutenant-Governors, should be mutually 
recognized.! This plan was agreed to, and an Act of Ontario 
was passed in 1872 authorizing the appointment of Queen’s 
Counsel, and another Act authorizing the grant of precedence 
by the Lieutenant-Governor.2 Then Quebec legislated at 
the end of 18723 and Nova Scotia in 18744 while the 
Governor-General in December 1872 created several Ontario 
Queen’s Counsel, and in April 1873 created others for 
Quebec, New Brunswick, and British Columbia. Some 
gentlemen received double patents under the provincial 
Acts and under the Dominion prerogative grant. The matter 
came before the Supreme Court of Canada in the case of 
Ritchie v. Lenoir. The Nova Scotia Act of 1874, ¢. 20, had 
authorized the appointment of Queen’s Counsel, and ¢. 21 
had authorized the Lieutenant-Governor to grant precedence, 
and by an order under this Act, Mr. Ritchie, who held a patent 
of 1872 from the Governor-General, lost his precedence. 
He argued that the two Acts were invalid, and that in 
any case the Act of 1874 could not be made retrospective 
to override the patent of 1872. On the first point the 
Supreme Court of the Province 5 was against him, but they 
upheld his contention on the second. From this judgement 
Lenoir appealed, but the Supreme Court of Canada ¢ held 
that the Act was ultra vires, and that, as the Crown did not 
form part of the Legislature or Executive of the province, 
the Governor-General alone could exercise this prerogative 
right. The Court treated the whole matter as the conferring 
of a right of dignity, a power which could only be conferred 
by the Sovereign under the sign-manual, or be exercised 
! Canada Sess. Pap., 1873, No. 50. The view of the Imperial Government 
as to the grant of marriage licences was precisely similar ; see Provincial 
Legislation, 1867-95, pp. 655, 658. ? 36 Vict. ce. 3 and 4. 
? 36 Vict. c. 13. * 37 Viet. ce. 20 and 21, 
"2 R. & C. 450. Cf. Canada Sess. Pap., 1877, No. 86, pp. 25-43. 
Lenoir v. Ritchie, 3 8. C. R. 575. Cf. Lefroy, Legislative Power in 
Canada, pp. 87-9.