The Constitution of Canada

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Monograph

Identifikator:: 1895543282

URN:: urn:nbn:de:zbw-retromon-242408

Document type:: Monograph

Author:: Munro, Joseph Edwin Crawford http://d-nb.info/gnd/1113111038

Title:: The Constitution of Canada

Place of publication:: Cambridge

Publisher:: Univ. Press

Year of publication:: 1889

Scope:: XXXVI, 356 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XV. The Governor-General

Collection:: Economics Books

172 THE GOVERNOR-GENERAL. Governor-General to act on the advice of his ministers. The duty of finally deciding rests on him alone, but in actual practice there is no doubt that it would be only under very exceptional circumstances that such advice would be dis- regarded ; and in the correspondence between Canada and the Imperial Government prior to the issue of the above In- structions, it was understood that in all cases of a merely local nature the Governor-General should act on the advice of his ministers’. Previous to the issue of the new Instructions, the Governor-General had felt himself at liberty to disregard the advice of his ministers, and that with the approval of the Home Government. In a despatch of Earl Carnarvon to the Governors of the Australian Colonies? he said, “it is true that a Governor may (and indeed must if in his judgment it seems right) decide in opposition to the advice tendered to him.” In accordance with this principle, in 1861 Sir Edmund Head, Governor-General of Canada, granted a reprieve in a case of murder contrary to the advice of several ministers’; and in 1875 Earl Dufferin commuted a capital sentence on his own responsibility *, 5. PREROGATIVE POWERS. Appoint- As Her Majesty’s representative the Governor-General may APA appoint Queen’s Counsel. In Lenoir v. Ritchie” a majority of Counsel. the Court expressed the opinion, that the sole right of conferring the rank of Queen’s Counsel belonged to the Queen or her representativethe Governor-General, and that a Province could not by a statute confer this right on a Lieutenant- Governor, inasmuch as the Crown was not a part of a provincial Legislature and therefore no provincial statute could affect its prerogatives. t Can. Sess. Pap. 1879, No. 181. 3 Patterson’s Case, Todd, p. 269. S230an. 8S. CGC R. 575.

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