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

440 PARLIAMENTS OF THE DOMINIONS [PART Iu 
the power given in the Acts which are powers to lay down 
directions, not actual provisions. 
In the Canadian Provinces alteration by simple Act is the 
rule, but the position of the Lieutenant-Governor cannot be 
affected, and in Quebec! the alteration of the electoral dis- 
tricts, specified in a schedule (being English-speaking districts), 
cannot be altered unless the majority of members for those dis- 
tricts concur in the second and third readings, while in Prince 
Edward Island the proportion of Councillors and the qualifi- 
cations of theirelectors (being the relic of the old elective second 
chamber which existed from 1862 to 1893) cannot be changed 
except by a two-thirds majority of the Legislative Assembly? 
In the old Province of Canada there was very little power 
to alter the constitution under the Act of 1840 (3 & 4 Vict. 
c. 35). But by an Act of 1854 (17 & 18 Vict. c. 118), ample 
power was conferred to alter the tenure of office of the 
Legislative Council, which was at once made elective, and 
to alter by simple Act (instead, as before, by a two-thirds 
majority) the proportion of members in either House, A 
later Act (22 & 23 Vict. ¢. 10) permitted of the Parliament 
making the Speakership of the Legislative Council elective. 
In the Maritime Provinces all the three, Nova Scotia, 
New Brunswick, and Prince Edward Island, had full power 
to amend the constitution by simple Act, which no doubt 
in an important matter would need under the instructions 
reservation. British Columbia only achieved a representa- 
tive constitution before its loss of Colonial status in 187 1, 
but on the grant by Order in Council under an Imperial 
Act (33 & 34 Vict. c. 66) of a representative legislature it at 
once altered the constitution by Act No. 147 of 1871. 
' 30 Viet. ¢. 3,5. 80. An address must be presented from the Assembly 
to the Lieutenant-Governor ere he assents ; this is referred to in his instruce 
tions from the Governor-General. For the general power, see s. 92 (1). 
* See Act No. 1 of 1908, s. 158, which is binding under s. 5 of the Colonial 
Laws Validity Act, 1865. Contra, in Provincial Legislation, 1867-1895, 
p. 1228 (on the Act of 1893), Sir J. Thompson argues that s. 92 (1) of the 
British North America Act, 1867, gives an absolute power of change which 
cannot so be fettered, i. e. that in thisregard the Act of 1867 is not subject. 
to the Act of 1865, which is a possible view.
	        
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