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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Chapter

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 733 Bills, the Dominion Minister of Justice reported that the province should have accepted the responsibility of deciding whether the Acts, which were intra vires, should become law, and no action was taken to bring them into operation! In 1878 the Lieutenant-Governor of Quebec reserved a Railway Bill against the advice of his ministers, and then dismissed the ministers : the new Premier advised him to reserve, not to withhold assent, and the Bill never became law.2 But certainly the normal modern practice is assent followed by disallowance : in 1908 no attempt was made by the Lieu- tenant-Governor of British Columbia to decline to assent to the anti-Japanese law, thoug its disallowance was certain, and in 1907 he had declined his assent? The reason for this is probably the feeling which animated Mr. Blake in 1876-7, that the legislation of Canada vis-a-vis the Imperial Govern- ment should be completed in Canada, and then if need be disallowed, and not reserved by a Governor-General or refused assent by him. Still there is no reason why reserva- bion or refusal of assent should not be used in exceptional tases, and there is certainly no convincing ground for the View of Todd that refusal of assent should only be done on Ministerial advice ;4 on the other hand the view of Sir J. Macdonald that it should never be done on ministerial advice 18 somewhat too sweeping a dictum. The mode of disallowance was prescribed with much solemnity in 1868. It was agreed after full consideration by the Privy Council of Canada that the Minister of Justice should report as quickly as he could on Bills to which no objection could be taken, and send in separately and in detail reports on Acts which seemed open to objection as (1) altogether illegal or unconstitutional, (2) as being partly legal or unconstitutional, (3) as clashing with the legislation ! Ontario Sess. Pap., 1874, Sess. 1, No. 19. So also in 1892 as regards Prince Edward Island ; see Provincial Legislation, 1867-95, p. 1225. and cf. pp. 77, 104, 763, 807, 915, 1018, 1045, 1200, 1201. * Quebec Legislative Assembly Journals, 1877-8, pp. 230. 272. A new Act. 41 & 42 Vict. ¢. 3, was substituted. * Canadian Annual Review, 1997, np. 612, 613. ' See below, Part V. chap. i.

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