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

776 THE FEDERATIONS AND THE UNION [PART IV its right to veto any law intra vires the provinces, and in effect the Dominion Government has yielded. The rising spirit of Ontario has been seen in the regret publicly expressed in a recent speech by Sir James Whitney, the Premier, that the province cannot appoint an Agent-General in England who can correspond directly with the Imperial authorities, but must go to them through the High Commissioner. The secret of this consciousness of strength is obvious : the people of Canada and the Federal Parliament cannot change the Constitution of Canada, however much they desire it, or deprive the provinces of any of their powers, unless the Imperial Government agree, while in the Commonwealth the powers of the states can be and are gradually being taken from them by the federal electors. The truly federal character of the Constitution is un- doubtedly due in great measure to the decisions of the Privy Council which has corrected the earlier tendency of the Supreme Court to interpret the powers of the provinces in a restricted sense. But great part of the credit of maintain- ing provincial rights against the unificationist tendencies of Sir John Macdonald must be ascribed to Sir O. Mowat, who was determined that federation should mean for Ontario freedom in internal matters. His tenure of office saw the successful assertion of the powers of the provincial legislatures to define their privileges! the admission of their right to confer on the Lieutenant-Governor the power of pardon,? the acquisition for the provinces of the right to escheats?® the settlement of the Ontario boundary,* the declaration of the provincial title to the freehold of the Indian lands? the upholding of the provincial right to regulate the liquor trade,® and the disuse of the federal veto as regards acts not un- constitutional” In the later years of his career he had the support of Sir John Thompson, perhaps Canada’s greatest lawyer, who respected the Constitution too greatly to seek to upset it even on federal grounds.® t Above, p. 696. * Above, pp. 680, 681. 8 Above, pp. 679, 680. ' Above, p. 770. 5 Above, p. 684. ¢ Above, p. 676. * Above, pp. 738, 739. ¢ Cf. Willison, Sir Wilfrid Laurier. ii. 208-10.

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