150 THE EXECUTIVE GOVERNMENT [PART II
of Nova Scotia, New Brunswick, and Prince Edward Island,
and of British Columbia, are continuations in statutory form
of the old Executive Councils which existed under the royal
letters patent before the creation of the Dominion. Inthe case
of Manitoba, Alberta, and Saskatchewan again, the Iixecu-
tive Councils necessarily exist under the Dominion Acts
constituting the provinces, and are confirmed by Provincial
Acts, as the practice of issuing letters patent for creating
such Councils has never been adopted by the Governor-
General of Canada, and, indeed, it is obviously more con-
venient to do it by the Act of Constitution. But in the six
States of the Commonwealth, in the Dominion of New
Zealand, in the four Colonies of the Cape, Natal, the Trans-
vaal, and the Orange River Colony before the Union, and in
Newfoundland, the Executive Council owes its existence to
the royal letters patent constituting the office of Governor.
Now many acts are assigned by law to the Governor in
Council and many to the Governor, who by his instructions
is required to consult his Council in the execution of such
acts just as much as in the execution of acts which he does
not by law perform in Council, and some again are entrusted
to his ministers. In none of these cases can it be said
that the Governor must act under ministerial advice: apart
altogether from the fact that in law he could in every single
case swamp his Council with nominee members, and so
carry his measure—which is a mere legal possibility, and is
not, of course, ever done, though it remains a conceivable
power in an emergency—he is never bound to accept the
advice of his ministers. He cannot indeed do many things
without their advice, for it is provided by law, either in
the Constitution Acts or in the Interpretation Acts, or by
authoritative usage, that a Governor in Council must act
on the advice of the Council! that is, of the majority of
* In the Tasmania Interpretation Act, 1906, 5. 12, Governor is defined to
mean the Governor acting with the advice of his Executive Council. This
carries the matter to its furthest, and is not convenient, but see Cape Act
No, 5 of 1883; Union of South Africa I nterprefation Act, 1910. Cf. 30 Vict.
c. 3, 88. 12 and 66 ; Constitution, s. 63 (Australia); 9 Edw. VIL c¢. 9, 5. 13
‘South Africa).
