Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

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.

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