Full text : The Constitution of Canada

ENFORCING JUDGMENTS. 263

Lieutenant-Governor was removed from his office on the
advice of the Canadian Privy Council. The sections of the
B. N. A. Act 1867" relating to the appointment and tenure
of office by a Lieutenant-Governor, provide that the appointment
 .shall be by the “Governor-General in Council,” and
that he shall hold office during the pleasure of the
« Governor-General” Much stress was laid on this distinction
 in the Letellier case as the then Governor-General was
adverse to acting on the advice of his Ministers to remove
M. Letellier de St Just. The Colonial Secretary in his
despatch pointed out, “ that other powers vested in a similar
way by the statute in the Governor-General were clearly
intended to be, and in practice are, exercised by and with the
advice of his Ministers: and though the position of a
Governor-General would entitle his views on such a subject
as that under consideration to peculiar weight, yet Her
Majesty's Government do not find anything in’ the circumstances
 which would justify him in departing in this instance
from the general rule, and declining to follow the decided
and sustained opinion of his Ministers.”
The enforcement of the judgments and orders of the Enforcing
Supreme Court of Canada in the provinces, is a matter of the oa of
greatest importance in view of the fact that the Supreme SrPreme
Court may be called upon to decide on the legality of a
provincial Act. It is therefore necessary that in all the
provinces the. Supreme Court should be represented by its
officers, but in order to avoid the cost of maintaining
Dominion officers, as well as provincial officers, the plan has
been adopted of making the officers of the provincial Courts
ex officio officers of the Supreme Court. By section 105 of
the Revised Statutes of Canada, 1886, it is enacted that “the
process of the Supreme Court and the process of the
Exchequer Court shall run throughout Canada and shall be
tested in the name of the Chief Justice, or in the case of a

L 8s. 58, 59.
            
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