306 THE EXECUTIVE GOVERNMENT [part iI 
only had a seat in the last Legislature the conduct of the 
Government for a period of several months, but he was 
dismissed by the Dominion Government for his action, which 
cannot therefore be regarded as a happy precedent for others 
to follow. In his defence he quoted several other cases of 
such happenings, as, for example, two cases in Ontario in 
1898.1 In the Dominion elections of 1908, Mr. Templeman, 
though defeated in British Columbia, remained a minister 
until he secured re-election in 1909. 
The Dominions still in some degree retain the inconvenient 
and stupid practice of requiring ministers after accepting 
office to vacate their seats. This is still the rule in Canada, 
where all ministers who accept departmental office must be 
re-elected. This does not, however, apply to cases where 
there has been a new Cabinet formed owing to the death or 
resignation of the Premier, but only if a new Government 
has been instated in its place : in that case the resignation 
has become complete, and however short the tenure of office 
by the new Government the old Ministry must face re-election. 
This was not once the case, if new offices were accepted 
within a month ; hence the famous ‘ double shuffle ’ of 1858 
in Canada. Thus on the death of Sir John Macdonald in 
1891 Mr. Abbott formed a new Government, and all the old 
members retained their seats and places. The same pro- 
cedure was followed in 1894, on the death of Sir John 
Thompson at Windsor on December 13, when again the 
ministers did not need to seek re-election: on the other 
hand, the ministers who changed their offices, Sir C. Tupper, 
Messrs. Bowell and Ives, took the oath of office of their new 
departments. In the case of all the Canadian Provinces it is 
specifically enacted that acceptance of office by a member 
of the Legislature vacates a seat, but re-election is allowed, 
and is not necessary if the minister in question is re-appointed 
after resignation within a month, unless a new Ministry has 
been formed in the interim. Appointment to the Legislature 
t Canada Sess. Pap., 1900, No. 174, p. 17. 
* Revised Statutes, 1908, c. 11, 8. 9. 
Bourinot, Constitution of Canada, pp. 184, 185.