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

1010 ADMINISTRATION AND LEGISLATION [PARTY 
As between the power of reservation by the Governor or 
disallowance by the Imperial Government there is not very 
much to be said : it was argued by Mr. Blake in his famous 
memorandum of 1876, that the proper plan was for the legisla- 
tion to be completed on the advice of the Ministry of Canada, 
and then the power to disallow adopted where thought 
essential, without fettering the discretion of the Governor- 
General to assent to Bills, and so he asked very earnestly 
for the deletion from the royal instructions of the clauses 
relating to reservation which had hitherto been inserted 
in the royal instructions to Canada, and which required 
the reservation of Bills dealing with divorce, the grant of 
land or money to the Governor-General, paper or other 
non-sterling currency, differential duties, or imposing pro- 
visions inconsistent with treaties, or interfering with the 
discipline of the Imperial naval and military forces, ox 
of an extraordinary nature and importance whereby the 
prerogative or the rights of persons not residing in the 
Dominion, or the trade and shipping of the United Kingdom 
and its dependencies, might be prejudiced, and any Bill 
previously disallowed or reserved and not assented to, 
unless the Bill were urgent, when it could be assented to if 
not repugnant to the law of England and not contrary to 
treaty, or unless it contained a suspending clause. In 
deference to the wishes and arguments of Mr. Blake, the 
instructions were remodelled to omit any mention of the 
reservation of classes of Bills, but it was clearly intimated 
that reservation was not being given up but merely that 
reservation as a fixed rule was abandoned, and a case of 
its use occurred in 1886. Since that date various Canadian 
laws have failed to pass into effect for various causes, but 
the form is usually that the law is not to come into effect until 
the Governor-General issues a proclamation, and no procla- 
mation is permitted to be issued, as for instance is the case 
with the Copyright Act passed in 1889, and the fifteenth 
part of the Merchant Shipping Act (Rev. Stat., 19086, c. 113) 
of Canada relating to load-lines; or as in 1910, an Act (c. 57) 
! Canada Sess, Payp., 1877, No. 13.
	        
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