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

772 THE FEDERATIONS AND THE UNION [rarTIV 
matters regarding the electoral franchise, and in 1885 it did 
create a Dominion franchise, which, however, was abandoned 
in 1898, though subsequently there have been taken certain 
powers as to electoral matters, as the opposition Provinces 
of Ontario, Manitoba, and British Columbia have been 
accused of gerrymandering constituencies in the interest 
of the Opposition! On the other hand, the Parliament 
cannot 2 interfere with the principle laid down in s. 51 of 
the Constitution, under which the readjustments of represen- 
tation take place, and under which Quebec must have sixty- 
five members, and each of the other provinces a number 
bearing to the population as ascertained at each decennial 
census the same proportion as the number of the members 
of Quebec bears to the population of that province, a fraction 
of over a half counting as one, a fraction of a half or under 
counting as nil. On the other hand, it is laid down that the 
representation of any province shall not be reduced unless 
the population has diminished in proportion to the number 
of the population of the Dominion as a whole in a proportion 
of a twentieth since the last census. The Parliament can, 
however, increase the quota for Quebec, but it must also 
increase all the other figures in proportion. 
On the other hand, the Parliament cannot alter funda- 
mental things : thus, it cannot alter the constitution of the 
executive power in ss. 8-11, 13-15, which are fundamental, 
though it can vary the mode of execution of executive 
powers existing at the Union, and vested pro tem. in the 
Governor-General, and it cannot change the seat of govern- 
ment, a power reserved for the Crown. It cannot alter a 
single provision regarding the Senate except that it may 
alter the quota of members necessary for a quorum. It 
cannot alter the provisions as to the existence of a House of 
Commons. or the other rules regarding it. save as expressly 
L Canadian Annual Review, 1908, pp. 48-54 ; see Act 7 & 8 Edw. VIL. c.26. 
* Cf. 33 S. C. R. 475 and 594. The principle is applied by the Orders 
in Council and Acts applicable to the other provinces ; see Orders in Council 
of May 16, 1871 (British Columbia), June 26, 1873 (Prince Edward Island); 
33 Vict. ¢c. 3.8.4: 4& 5 Edw. VII. c. 3, 8. 6: ¢. 42. s. 6,
	        
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