Full text: Responsible government in the Dominions (Vol. 2)

CHAP. 1] THE DOMINION OF CANADA 771 
§ 12. THE ALTERATION OF THE CONSTITUTION 
Very different principles apply to the alteration of a 
constitution which is the result of a federal compact from 
those which apply to the alteration of an ordinary constitu- 
tion. As was recognized in an ample manner in 1907, on the 
Occasion of the amendment of the British North America Act 
in accordance with the wishes of the Federal and Provincial 
Governments in the matter of the financial subsidies to the 
provinces, the Act is a formal instrument of constitution 
which can be amended by the Imperial Parliament, and will 
80 be amended, but only in accordance with the wishes of 
the people of the Dominion as a whole, not at either federal 
or provincial bidding! Of course, this is not to say that 
the Constitution is rigid in an extreme sense : the Imperial 
Parliament can by a simple Act alter every and any part of 
it, and there is no chance of such disadvantages resulting as 
have resulted in the United States, where the Federal Govern- 
ment has admittedly too little power to enforce matters of 
external affairs affecting the subjects committed by the 
Constitution to the provinces, as was seen in the affair of the 
riots at Vancouver on the Pacific coast in 1907,2 against 
Asiatics, when the Imperial Government found that the 
Dominion Government had adequate means to procure full 
satisfaction to the parties aggrieved; while for a long time 
the situation in California remained extremely grave. On 
the other hand, it should be noted that the Constitution itself 
gives adequate powers for ordinary alteration of those points 
which can be considered of real importance : for example, 
the Dominion Parliament was given by the Acts of 1871 and 
1886 power to provide adequately for the government of the 
New provinces to be created, and of territories not in the 
Provincial system, and for the representation of both pro- 
vinces and territories in the Parliament of Canada, although 
in the original Act no adequate provision was made in these 
regards. Further, the Canadian Parliament can decide all 
* British Columbia Sess. Pap.,'1908, C. 1, 
! Canadian Annual Review, 1907, Pp. 384-9, 
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