664 THE FEDERATIONS AND THE UNION [PART 1v 
gave the pardoning power, but that was allowed to remain 
in operation. 
It is laid down by Lefroy ! that as a normal rule executive 
power? and legislative authority are co-ordinate, i.e. that 
the legislature can deal with the mode of exercise of the 
executive power in its whole extent, not that it creates 
that power, and this is clearly the case with regard to 
the Lieutenant-Governors, who derive all their authority 
from their commissions which do not confer on them 
any other powers than those expressly given by the Act 
of 1867, and those necessarily pertaining to the office, 
for the Governor-General cannot delegate any other powers 
than those. It should be noted that prior to 1878 it was 
the custom for the Crown to delegate powers of proroguing 
and dissolving the provincial legislature. This provision 
Mr. Blake in 1876 represented as needless and undesirable, as 
the powers existed already virtue officii, a view in which the 
Imperial Government acquiesced, omitting the power from 
the letters patent issued for Lord Lorne. The Crown could 
of course delegate other than provincial prerogatives, e.g. 
allow Lieutenant-Governors to pardon criminals under 
Canadian law in each province, but this is not done. On 
the other hand, the legislatures cannot regulate or confer 
any executive powers save those on matters within their 
scope, as, for instance, the right to remit penalties imposed 
by provincial laws. 
' Op. cit, pp. 123 seq. Cf. The Queen v. Pattee (1871), 5 0. P. R. 292, at 
0.297; the Executive Power Case, 20 0. R. 222; 190. R. 31; 238. C. R. 458. 
* The prerogative and executive power are sometimes used as convertible 
terms (e.g. by Barton, Melbourne Federal Debates, Pp. 2253, 2254 ; Quick 
and Garran, Constitution of Commonwealth, Pp. 406; cf. pp. 472, 707 ; and the 
Ontario Government, Sess. Pap., 1888, No. 37); sometimes the prerogative 
is restricted to the discretionary power of the Crown as opposed to power 
regulated or granted by statute. Cf. Anson, Law of the Constitution®, 11. 
i. 3; Dicey, Law of the Constitution’, pp. 420 seq, In any case, prerogative 
means more than executive power, for there is a judicial prerogative and 
a legislative prerogative also. A Governor has a full delegation of executive 
authority as regulated or granted by statute, but not necessarily of other 
executive authority,