cHAP. iI] THE GOVERNOR AND MINISTERS 161 
sideration, discussed where necessary between the Governor 
and the first minister, and becoming operative upon being 
marked ‘approved’ by the Governor. This system is in 
accordance with constitutional principle, and is found very 
convenient in practice. It would be a violation of such 
principle and extremely embarrassing to all parties in 
practice that the Governor should attend and preside at 
the deliberations of Council, and it would be inexpedient to 
lay down such a rule unless it is intended to be observed. 
The sub-committee think the proposed change objec- 
tionable. 
Clause 6. This is identical with the existing clause 7. 
In practice the minutes of proceedings of Council are not 
read over and confirmed. These proceedings are extremely 
voluminous, a very large part of the public business which 1s 
transacted in England by departmental action being managed 
here through Council. In the majority of cases the minutes 
have been in the interval approved by the Governor and 
acted on. It might be as well under the circumstances to 
omit the words providing for this procedure. 
Clause 7. This clause is new and does not appear suited 
to Canada. By it in the execution of the powers committed 
to the Governor, it is provided that he shall consult with 
the Council, except in cases in which in his judgment Her 
Majesty’s service would sustain material prejudice by con- 
sulting the Council thereupon, or when the matters to be 
decided shall be too unimportant to require their advice, 
or too urgent to admit of their advice being given in time. 
According to the accepted view of our Government it is 
the rule that the Governor should act under advice, and it 
would be contrary to this view now to propose fresh additions 
to his individual power of action and by consequence fresh 
limitations to the powers and responsibilities of his advisers. 
Clause 8. This clause corresponds with the existing clause 5 
authorising the Governor to act under certain limitations in 
Opposition to advice, but changes to some extent its pro- 
visions. 
The language of the present instructions appears less 
objectionable than that of the proposed substitute, excepting 
the new proviso, which seems proper. The existing clause 
gives the power ‘ in case the Governor sees sufficient reason 
to dissent,” the proposed clause gives it, ‘ in the Governor’s 
discretion and if it shall appear right,’ language which may 
possibly bear a wider interpretation as to the grant of a power 
of which a free people are naturally jealous. 
1920