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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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

cHAP. 11] THE POWERS OF THE GOVERNOR 125 and directing that the old seals should be returned to be defaced as usual by the Crown in Council! In reply to this dispatch the Governor-General, on July 2, sent to the Secre- tary of State a memorandum from the Canadian Minister of Justice, who argued that in the case of the provinces the proper authority to change the seal was, under s. 136 of the British North America Act, the Lieutenant-Governor in Council : he pointed out that the Lieutenant-Governors were no longer appointed by the Crown, but by the Governor- General, and suggested that the direct action of the Crown was not strictly correct. In replying on August 23, the Secretary of State insisted that the right of the Crown to direct what seals were to be used in the provinces was as clear as its right in connexion with the seal of the Dominion, which had not been challenged, and he added that s. 136 merely applied to the cases of Ontario and Quebec. That section provided that until altered by the Lieutenant- Governor in Council the great seals of Ontario and Quebec were to remain the same as those used formerly in the Provinces of Upper and Lower Canada respectively. The Secretary of State suggested that this clause merely showed the method in which the change was to take place, and did not limit the royal prerogative to appoint and direct the seals which were to be used in those provinces, while in the other provinces the right was clear. If, however, the clause was to be read as giving the sole right to the Lieutenant- Governors of the provinces to alter the great seals, the same power should be conferred by legislation on the Lieutenant- Governors of the other two provinces then forming the union. This authority could be given either by provincial or by federal Act. In compliance with this dispatch the Dominion Government sent, on November 16, 1869, the great seals to Nova Scotia and New Brunswick, with instruc- tions to adopt the new seals for use in the provinces. In the case of Ontario and Quebec the new seals were sent with the correspondence, so that the provinces could have the option of adopting the new seals under the statutory power * See Canada Sess. Pap., 1877, No. 86.

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