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

CHAP. IV] THE GOVERNOR AS HEAD 237 
supporting the advice given by the Government of which 
he is a member, and from Mr. Joly, who was similarly 
empowered to offer any explanations that might be required 
on the part of Mr. Letellier. If it had been the duty of 
Her Majesty’s Government to decide whether Mr. Letellier 
ought or ought not to be removed, the reasons in favour of 
and against his removal would, I am confident, have been 
very ably and thoroughly put before them by Messrs. 
Langevin and Abbott, and by Mr. Joly. I have not, how- 
ever, had occasion to call for any arguments from either side 
on the merits of Mr. Letellier’s case. The law does not 
empower Her Majesty’s Government to decide it, and they 
do not therefore propose to express any opinion with regard 
to it. You are aware that the powers given by the British 
North America Act, 1867, with respect to the removal of 
a Lieutenant-Governor from office, are vested, not in Her 
Majesty's Government, but in the Governor-General ; and 
I understand that it is merely in view of the important 
precedent which you consider may be established by your 
action in this instance, and the doubts which you entertain 
as to the meaning of the statute, that you have asked for an 
authoritative expression of the opinion of Her Majesty’s 
Government on the abstract question of the responsibilities 
and functions of the Governor-General in relation to the 
Lieutenant-Governor of a province under the British North 
America Act, 1867. 
The main principles determining the position of the 
Lieutenant-Governor of a province in the matter now under 
consideration are plain. There can be no doubt that he has 
an unquestionable constitutional right to dismiss his pro- 
vincial ministers if, from any cause, he feels it incumbent 
upon him to do so. In the exercise of this right, as of any 
other of his functions, he should, of course, maintain the 
impartiality towards rival political parties which is essential 
to the proper performance of the duties of his office ; and for 
any action he may take he is, under the 59th section of the 
Act, directly responsible to the Governor-General. 
This brings me at once to the point with which alone I have 
now to deal, namely, whether in deciding whether the conduct 
of a Lieutenant-Governor merits removal from office, it 
would be right and sufficient for the Governor-General, as in 
any ordinary matter of administration, simply to follow the 
advice of his ministers, or whether he is placed by the special 
provisions of the Statute under an obligation to act upon his 
own individual judgment. With reference to this question
	        
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