Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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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:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

CHAP. 1] THE DOMINION OF CANADA 661 Queen. There was no constitutional anomaly in an executive officer of the Crown receiving his appointment at the hands of a governing body who had no powers and no functions except as representatives of the Crown. The act of the Governor-General and his Council in making the appointment was within the meaning of the statute the act of the Crown, and a Lieutenant-Governor when appointed was as much a representative of Her Majesty * for all purposes of provincial government as the Governor-General himself was for all purposes of Dominion government. The Privy Council added that ss. 109 and 126 of the Act specified the revenues reserved to the provinces. If the Act had severed the Crown and the provinces, the provisions in these Acts that the territorial revenues should belong to the provinces would not be consistent with their remaining vested in the Crown, but it had been held in several cases that all the subjects described in s. 109 were vested in Her Majesty as the sovereign head of each province; and s. 126, which embraces provincial revenues other than those arising from territorial sources and includes all duties and revenues raised by the provinces in accordance with the provisions of the Act, was expressed in language which favoured the right of the Crown, because it described the interests of the provinces as a right of appropriation to the public services. Seeing, therefore, that the successive decisions of the Board in the case of territorial revenues were based upon the ' (f, his assent as the assent of the Crown in Théberge v. Landry, 2 App. Cas. 102, at p. 108; Lefroy, op. cit, pp. 92 seq. In Molson v. Lambe, M. L. R. 2 Q. B. 381, 1 S. C. 264, the objection was actually taken to a Provincial Act that it ran in the name of the Queen, but it was abandoned before the Supreme Court, 15 S. C. R. 253. But in Lenoir Vv. Ritchie, 3 8. C. R. 575, the Supreme Court denied that the assent of the Lieutenant-Governor to a Provincial Act authorized the appointment of Queen’s Counsel and the grant of precedence, overruling the Supreme Court of Nova Scotia (Canada Sess. Pap., 1877, No. 86). And in 1875 the Minister of Justice said the use of the Queen’s name in the Acts was improper (Provincial Legislation, 1867-95, p. 99). There is no difference in the form of enactment by Queen or Lieutenant-Governor ; Jenks, Government of Victoria, p. 245. is wrong in this regard. Cf. above. p. 458. n. 1.

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