Full text: Responsible government in the Dominions (Vol. 1)

cap. 11] THE POWERS OF THE GOVERNOR 127 
Lieutenant-Governors of each province in Council to alter 
the great seal from time to time, and also authorized ex 
post facto the use of the great seal of Nova Scotia as existing 
at the union, until so altered by the Lieutenant-Governor. 
On the other hand, the Legislature of Nova Scotia, by two 
Acts of the same year, 40 Vict. cc. 1 and 2, empowered the 
Lieutenant-Governor to use the great seal and validated 
all Acts under the old seal from 1869 to the date of change 
when it took place. The Dominion Government let the 
statutes remain in force, though they considered that they 
should not have been passed before the passing of the 
Dominion legislation, a strained view, as the right of the 
Dominion Parliament to legislate was by no means clear. 
It is certain that the case was confused by all parties. In 
the doctrine which is clearly correct the Lieutenant-Governors 
are representatives of the Crown for provincial purposes, 
and the Crown is part of the Provincial Legislatures. The 
Governor-General is a representative for federal purposes and 
the Parliament for federal purposes. The Governor-General 
had no delegation of the prerogative as regards seals without 
special words, nor had the Lieutenant-Governor,and the grant 
of a seal to the Governor-General by the Crown was clearly 
legal : on the other hand, the grant of seals by the Crown by 
royal warrant to the provinces generally was equally correct. 
But the attempt to treat Ontario and Quebec in this way 
was illegal, and no doubt originated in a slip. It was found 
necessary to make special provision in this as in other 
matters for the case of Ontario and Quebec, because they 
were being separated again after union and could not well 
use the seal of the union, and so provision was made for the 
use of the old seals of Upper and Lower Canada until other- 
wise appointed by the Lieutenant-Governors in Council. 
That clearly took away the prerogative to appoint other 
! The Constitution Acts of Manitoba (33 Vict. c. 3), Alberta (4 & 5 
Edw. VIL c. 3), and Saskatchewan (4 & 5 Edw. VIL c. 42) empower the 
Lieutenant-Governors to alter the seals, but that power is given under a 
different power altogether, that of creating provinces. The matter is now 
regulated by provincial legislation in the other provinces.
	        
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