THE PRIVY COUNCIL.
188
In 1887 Acts’ were passed by the Canadian Parliament
for the re-organization of certain departments. Under these
Acts a department of Trade and Commerce presided over
by a minister is to be organized : the departments of Customs
and Inland Revenue are to be consolidated: and power is
given to appoint a Solicitor-General.
The members of the Council are chosen by the Governor- How
General and may be removed by him®. No legal restrictions chosen.
are placed on his choice, and the number of the Council is not
limited.
In practice the Governor-General in appointing Privy
Councillors is guided by several important constitutional
rules. The members chosen are selected from that party
which possesses the confidence of the legislature, more es-
pecially of the House of Commons. The leading member of
that party is requested by the Governor-General to form a
ministry, and the Governor-General accepts as members of the
Council those selected by him. The councillors usually have
seats in the Upper or Lower House but the majority belong
to the House of Commons.
There are some points in which the constitutional practice
is different in Canada from what it is in England. The claims
of the several provinces to representation in the Cabinet are
sometimes recognised, and in the first Privy Council five
representatives were assigned to Ontario, four to Quebec, two
to Nova Scotia and two to New Brunswick.
Again the Attorney-General acts as Minister of Justice The At-
and sits in the Cabinet. Arguments have been brought be
forward in Canada and in other colonies to shew that the
office ought to be non-political’, but the necessity of having
some one in the Cabinet having a special knowledge -of law
and of the Constitution has been so much felt in Canada,
that the Attorney-General is not merely retained in the
50 & 51 Vie. 10. Ib. ec. 11. 2 B. N. A. Act, 8. 11. 3 Todd, p. 45.