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PARLIAMENTARY 
 
 PROCEDURE AND PRACTICE 
 
 WITH A REVIEW OF THE ORIGIN, GROWTH, 
 AND OPERATION OF PARLIAMENTARY INSTITUTIONS 
 
 DOMINION OF CANADA 
 
 And an Appendix containing the British North America Act op 1867, 
 
 AND AMENDING AcfS, GoVBENOR-GeNBEAL's COMMISSION AND 
 
 Instructions, Forms ov Proceedings in the , 
 
 Senate and House of Commons., etc. 
 
 JOHN" GBOEGB BOUEINOT, O.M.G., LL.D., D.C.L. 
 
 OLBHK OF THE HOnSE OF COMMONS OF CANADA, 
 
 Author of a Manual of the Constitutional History of Canada, Federal 
 Government in Canada, Canadian Studies in Comparative Politics, &c. 
 
 SECOND EDITION, REVISED AND ENLARGED. 
 
 MONTREAL 
 
 DAWSON BEOTHBES, PUELlSHBEg 
 
 1892 
 
A. S-^OM-O 
 
 ^^/f o^ T> Gr ^eu^rrno-^- 
 
 Entered according to Act of Parliament of Canada by John Gboegb 
 
 BouEiNOT, in the Office of the Minister of Agriculture, 
 
 in the year 1892. 
 
 GAZETTE PRINTINO COMPANY, MONTEEAL- 
 
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TO 
 
 TEmiTT COLLEGE, TOROi^TO 
 
 MY ALMA MATER 
 
 i dedicate this book 
 
 In evidbncb of my affection and esteem. 
 
PEEFAOE TO SECOND EDITIOIsT 
 
 In presenting the second edition of this work to his 
 readers, the author may explain that he has not only re- 
 vised, but considerably enlarged it by bringing all the 
 precedents down to the latest date, and by making it in 
 other ways as useful as possible to all students of the 
 constitutional system of Canada. The original plan and 
 scope of the work have been continued. The first chapter 
 gives an account of the origin and growth of parliamen- 
 tary institutions, and contains all the material judicial 
 decisions which bear on the respective legislative powers 
 of the parliament of the dominion and of the legisla- 
 tures of the provinces. The new rules and forms of the 
 Senate in divorce proceedings have been given at length, 
 and the practice of that House in such cases explained as 
 fully as practicable. As this work is intended to show 
 not merely the rules, orders and usages of the two 
 Houses, but all the stages of constitutional development 
 in Canada until the present time, there has been added 
 at the end a chapter on the practical operation of parlia- 
 mentary government. In this chapter it is endeavoured 
 to explain the nature of the conventions and understand^ 
 ings which govern what is generally known as respon- 
 sible or parliamentary government. As complete a list as 
 possible has been given of all the text books and authori- 
 ties which the student may wish to consult on the 
 
TI PREFACE TO TEE SECOND EDITION. 
 
 numerous questions wlii^h are necessarily, as a rule, very 
 briefly reviewed in this work. The appendix contains 
 the full text of the fundamental law or British North 
 America Act of 1861, and of the amending imperial sta- 
 tutes, the commission and instructions of the governor- 
 general, besides forms of petitions, and other proceedings 
 of the Senate and Commons. Some supplementary notes 
 have also been added so that the work may contain all 
 those precedents and proceedings of the session of the 
 Dominion Parliament of 1891, which are necessary to the 
 accuracy and completeness of the text. The author has 
 had much reason to congratulate himself on the recep- 
 tion which the work, when first presented to the public, 
 met not only in Canada, but in the majority of English 
 speaking countries, and he ventures now to express the 
 hope that this new edition, in its revised and enlarged 
 form, will continue to meet with the same favour among 
 all those interested in the important experiment of federal 
 and parliamentary government which the Canadian 
 people are endeavouring to work out on the continent of 
 America. 
 
 House of Commons, Ottawa, Canada, 
 October 30th, 1891. 
 
PEEFAOE TO FIEST EDITION 
 
 The object which the author has had constantly in 
 view in writing the present work is to give such a sum- 
 mary of the rules and principles which guide the practice 
 and proceedings of the Parliament of Canada as will assist 
 the parliamentarian and all others who maybe concerned 
 in the working of our legislative system. The rules and 
 practice of the parliament and the legislatures of Canada 
 are, for the most part, originally derived from the stand- 
 ing orders and usages of the imperial parliament, but, in 
 the course of years, divergencies of practice have arisen, 
 and a great many precedents have been made which seem 
 to call for such a work as this. It has, moreover, been 
 the writer's aim, not only to explain as fully as possible 
 the rules and usages adopted in Canada, but also to give 
 such copious references to the best authorities, and parti- 
 cularly to the works of Hatsell and May, as will enable 
 the reader to compare Canadian with British procedure. 
 
 It seemed proper, in order to a clearer comprehension 
 of the subject of the work, to preface it with an introduc- 
 tory chapter upon the origin and gradual development of 
 parliamentary institutions in the Dominion. In so brief 
 a compass a summary of the salient features only of the 
 various constitutional changes which have resulted in 
 the present very liberal parliamentary system of Canada 
 could be given. The author has also added, in the same 
 
VIII PREFACE TO THE FIRST EDITION. 
 
 chapter, a digest of the decisions of the judicial commit- 
 tee of the privy council and of the supreme court of 
 Canada which bear upon the important question of the 
 relative jurisdictions of the parliament of the Dominion 
 and the legislatures of the provinces. These decisions 
 have necessarily been cited without remark, as facts to 
 be taken into account by those who are engaged in the 
 practical work of legislation. 
 
 House of Commons, Ottawa, 
 20tli February, 1884. 
 
OONTEIvrTS, 
 
 CHAPTBE I. 
 
 INTEODUCTIOAT. 
 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 I. Canada under the French Efigime, p. 1. II. Government from 1760 to 
 1774, p. 5. III. Quebec Act, 1774, p. 9. IV. Constitutional Act, 1791, 
 p. 13. V. Union Act, 1840, p. 25. VI. Federal Union of the Provinces ; 
 British North America Act, 1867, p. 39. VII. Constitution of the Gen- 
 eral Government, p. 50. VIII. Constitution of Parliament, p. 59. IX. 
 Constitution of the Provincial Governments and Legislatures, p. 65. 
 X. Organization of the North- West Territories, p. 76. XI. Disallowance 
 of Provincial Acts, p. 8). XII. Distribution of Legislative Powers, p. 
 88. XIII, Decisions of the Judicial Committee of the Privy Council 
 aud Supreme Court of Canada on questions of Legislative Jurisdiction, 
 p. 92. XIV. Rules of Construction and Constitutional principles de- 
 duced from Judicial decisions, p. 124. XV. Position of the Judiciary 
 p. 133 ; Conclusion of Review, p. 137. 
 
 CHAPTBE II. 
 
 THE SENATE AND SOUSE OF COMMONS. 
 
 I. Senators, p. 139. II. Introduction of Senators, p. 143. III. The House 
 of Commons, p. 144. IV. Election of Members — Dominion Franchise, 
 p. 146. V. The Franchise in the Provinces, p. 152. VI. Trial of 
 Controverted Elections, p. 154. VII. Dual Representation, p. 165. 
 VIII. Independence of Parliament, p. 170. IX. Issue of Writs, p. 180. 
 X. Resignation of Members, p. 181. XL Introduction of Members, p. 
 186. XIL Attendance of Members, p. 190. XIII. Members' Indem- 
 nity, p. 191. XIV. Expulsion and Disqualification of Members, p. 193. 
 
C CONTENTS. 
 
 XV. Suspension, p. 198. XVI. Questions affecting Members Referred 
 to Select Committees, p. 199. XVII. Places in the House, p. 201. 
 
 CHAPTEE III. 
 
 THE SPEAKERS AND OFFICERS OF THE TWO HOUSES, &c. 
 
 I. Sneaker and Officers of the Senate, p. 202; Contingent Accounts Com- 
 mittee, p. 206. II. Speaker of the House of Commons, p. 207; Deputy 
 Speaker, p. 211. III. Officers and Clerks, &c.,of the House of Commons, 
 p. 215. IV. Admission of Strangers, p. 223. V. Clerk of the Crown in 
 Chancery, p. 224. VI. Votes and Journals, p. 225. VII. Official Re- 
 ports, p. 227. VIIL Library and Reading Rooms, p. 228. IX. Com- 
 missioners of Internal Economy, p. 230. 
 
 CHAPTEE IV. 
 
 PRIVILEGES AND POWERS 01 PARLIAMENT. 
 
 I. Claim of Privileges at commencement of a new Parliament, p. 233. II. 
 Statutes on Privileges of the Canadian Parliament, p. 234. III. Extent 
 of Privileges, p. 235. IV. Personal Privileges of Members, p. 237. V. 
 Freedom of Speech, p. 239. VI. Libellous Reflections on Members col- 
 lectively or severally, p. 240. VII. Proceedings of Splect Committees, 
 p. 241. VIII. Assaulting, menacing, or challenging of Members, p. 242. 
 IX. Disobedience to Orders of the House, &c., p. 243. X. Attempt to 
 bribe Members, p. 243. XL Privileged Persons not Members, p. 244. 
 Xn. Punishment of a Contempt of Privileges, p. 245. XIII. Power of 
 Commitment, p. 245. XIV. Duration of Power of Commitment, p. 247. 
 XV. Procedure in case of a breach of Privilege, p. 247. XVI. Sus- 
 pension and Expulsion of Members, p. 249. XVII. Power to Summon 
 and Examine Witnesses, p. 250; Procedure in such cases, p. 251. 
 XVIII. Privileges of Provincial Legislatures, p. 253. 
 
 CHAPTEE V. 
 
 RULES, ORDERS AND USAGES. 
 
 I. Origin of the rules, orders and usages of the Senate and House of 
 Commons, p. 258. II. Procedure in revising rules, p. 260. III. Neces- 
 sity for a strict adherence to rules, p. 262. IV. Sessional orders and 
 resolutions, p. 264. V. Use of the French language in the proceedings 
 of the Houses, p. 265. 
 
CONTENTS. XI 
 
 OHAPTEE VI. 
 
 MEETING,PROROQATION AND DISSOLUTION OF PARLIAMENT. 
 
 I. Meeting of Parliament, p. 269. II. Proceedings in the Senate, p. 270. 
 III. Election of Speaker of the Commons, p. 273. IV. Consideration of 
 the Speech, p. 280. V. Proceedings in Sessions, subsequent to the first 
 of a Parliament, p. 285. VI. Prorogation, p. 285. VII. Effect of Pro- 
 rogation, p. 288. VIII. Dissolution, p. 289. 
 
 CHAPTEE VII. 
 
 ORDER OF BUSINESS. 
 
 I. Days and Hours of Meeting, p. 291. II. Adjournment over Holidays 
 and Festivals, p. 291. III. Long Adjournments, p. 292. IV. Decease 
 of Senators and Members, p. 293. V. Meeting at an earlier hour, p. 295 ; 
 Two sittings in one day, p. 295. VI. Protracted Sittings, p. 295. VII. 
 Proceedings at six o'clock and half past seven p.m., p. 297. VIII. Ad- 
 journment during pleasure, p. 297. IX. Quorum in both Houses, p. 298. 
 X. Prayers, p. 299. XI. Order of Daily Business, p. 301. XII. Calling 
 ■of Questions and Orders, p. 303. XIII. Arrangement of Orders, p. 304. 
 
 CHAPTEE VIII. 
 
 PETITIONS. 
 
 I. Presentation and Reception, p. 314. II. Form, p. 318. III. Irregulari- 
 ties, p. 318. IV. Petitions for pecuniary aid, p. 321. V. For Taxes or 
 Duties, p. 323. VI. Urgency in certain cases, p. 325. VII. Printing, 
 p. 325. VIII. Eeflections on House or Members, p. 326. IX. Petitions 
 to Imperial Authorities, p. 326. 
 
 CHAPTEE IX. 
 
 ORDERS AND ADDRESSES FOR ACCOUNTS AND PAPERS. 
 
 . Presentation of Papers, p. 329. II. Their character, p. 330. III. Form 
 of Motions, p. 332. IV. Distinction between Addresses and Orders, p, 
 332. V. Eeturns in answer, p. 335. VI. Carefulness in preparation, 
 p. 336. VII. Motions for papers refused, p. 337. VIII. Printing of 
 Documents, p. 343. IX. Joint Committee on Printing, p. 349. 
 
XII CONTENTS. 
 
 CHAPTEE X. 
 
 ADDRESSES, MESSAGES, AND VOTES OF THANKS. 
 
 I. Subject-Matter;of Addresses, p. 350. II- Addresses founded on Eesolu- 
 tions, p. 351. III. Joint Addresses, p. 352. IV. Addresses of Con- 
 gratulation and Condolence, p. 354. V. Address on retirement of 
 Governor-General, p. 356. VI. Presentation of Addresses, p. 357. VII. 
 Messages from Governor-General, p. 360. VIII. Addresses to the Prince 
 of Wales in 1860, p. 363. IX. Thanks to distinguished persons, p. 365. 
 
 CHAPTEE XI. 
 
 MOTIONS IN GENERAL. 
 
 I. Notices of Motions, p. 366. II. Rules and Usages relative to Motions, 
 p. 368. III. Motions relative to Public Business, p. 373. IV. Questions 
 of Privilege, p. 375. V. Motions of Want of Confidence, not privileged, 
 p. 379. VI. Questions put by Members, p. 381. VII. Motions in 
 Amendment, p. 385. VIII. Dilatory Motions— Adjournment, p. 394 ; 
 Beading Orders of the Day, p. 396 ; Previous Question, p. 398 . 
 Amendments to such Motions, p. 400. IX. Renewal of a Question 
 during a Session, p. 400. 
 
 CHAPTEE XII. 
 
 RULES OF DEBATE. 
 
 I. Deportment of members on the floor, p. 404. II. Precedence in debate 
 p. 406. III. Written speeches not permissible, p. 407. IV. Extracts 
 from papers, p. 4C8. V. References to the Queen or Governor-General, 
 p. 410. VI. Relevancy of speeches, p. 411. VII. Their length, p. 413. 
 VIII. Motions for adjournment, p. 413. IX. Rules limiting debate, p. 
 416. X. Personal explanations, p. 413. XI. Calling in question a 
 member's words, p. 421. XII. Interruption of ruembers, p- 421. XIII- 
 Speaking when orders are called, p. 422. XIV. Manner of addressing 
 another member, p. 425. XV. References to the other house, p. 426. 
 XVI. Or to previous debates, p. 426. XVII. Rules for the preservation 
 of order, p. 427. XVIII. Naming a member, p. 433. XIX. Words taken 
 down, p. 434. XX. Misbehaviour in committees or lobbies, p. 437. 
 XXI. Prevention of hostile meetings, p. 438. XXII. Punishment of 
 misconduct, p. 439. XXIII. Withdrawal ofa member when his conduct 
 is under discussion, p. 440. XXIV. References to judges and other 
 persons not members, p. 442. XXV. New standing orders of English 
 
CONTENTS. XIII 
 
 Commons on the following subjects— Putting the question— Motions of 
 adjournment— Suspension for obstruction of public business, p. 443. 
 
 CHAPTBE XIII. 
 
 DIVISIONS ON QUESTIONS. 
 
 I. Putting the question and division thereon, p. 446. II. Proceedings 
 after a division, p. 450; Challenging of votes, p. 450 ; Pairs, p. 451. III. 
 Questions carried or lost "on division," p. 452. IV. Equality of votes 
 on a division, p. 453 ; casting vote of speaker, p. 453. V- Protest of 
 Senators, p. 454. VI. No member interested directly in a question 
 can vote thereon, p. 455. VII. Recording of names in the journals, 
 p. 459. 
 
 CHAPTER XIV. 
 
 RELATIONS BETWEEN THE TWO HOUSES. 
 
 I. Messages, p. 460. II. Conferences, p. 463. III. Reasons of disagree- 
 ment communicated, p. 466. IV. Joint Committees, p. 466. V. Inter- 
 change of documents, p. 467. VI. Relations between the Houses, p. 
 468 ; Questions of expenditure and taxation, p. 468 ; Bills rejected by 
 the Senate, p. 472; "Tacks" to Bills of Supply, p. 474; Initiation of 
 measures in the upper chamber, p. 475. 
 
 CHAPTER XV. 
 
 COMMITTEES OF THE WHOLE. 
 
 I. Three classes of committees in use in Parliament. — Committees of the 
 whole ; select committees ; joint committees, p. 477. II. Rules of the 
 Senate respecting committees of the whole, p. 479. III. Procedure in 
 the House of Commons, 480. IV. Reports from committees of the 
 whole, p. 488. V. New rules of the English Commons, p. 489. 
 
 CHAPTER XVI. 
 
 SELECT, STANDING AND SESSIONAL COMMITTEES. 
 
 I. Sessional Committees of the Senate, p. 491. II. Standing Committees 
 of the Commons, p. 493. III. Appointment of select committees, p. 495. 
 IV. Quorum, p. 502. V. Organization of committees and procedure 
 therein, p. 503. VI. Reports of committees, p. 512. VII. Their presen- 
 
XIV CONTENTS. 
 
 tation to the House, p. 517. VIII. Concurrence, p. 518. IX. Ex- 
 amination of witnesses, p. 520. X. Their payment, p. 524. XI. Their 
 examination under oath, p. 525- 
 
 OHAPTEE XVII. 
 
 COMMITTEES OF SUPPLY AND WAYS AND MEANS. 
 
 I. Grants of Public Money, p. 530. II. Mode of signifying the Eecom- 
 mendation of the Crown, p. 539. III. Consent of the Crown explained, 
 p. 540. IV. Committees of Supply and Ways and Means, p. 543. V. 
 Procedure on going into Supply, p. 545. VI. In Committee of Supply, 
 p. 551. VII. The Budget, p. 553. VIII. The Imposition of Taxes and 
 Ways and Means, p. 555. IX. Eeports of Committees of Supply and 
 Ways and Means, p. 558. X. Tax Bills, p. 565. XL The Appropriation 
 or Supply Bill, p. 566. XII. Supply Bill in the Senate, p. 570. XIII. 
 Royal Assent to the Bill, p. 572. XIV. Address to the Crown for a 
 certain expenditure, &c., p. 573. XV. Votes of Credit and ' on account,' 
 p. 576. XVI. Audit of Appropriation Accounts, p. 577. 
 
 CHAPTEE XVIII. 
 
 PUBLIC BILLS. 
 
 I. Explanatory, p. 582. II. Bills of Appropriation and of Taxation 
 originate in the Commons, p. 585- III. Introduction, p. 588. IV. 
 Relating to Trade, p. 591. V. Or involving Public Aid and Charges on 
 the People, p. 596. VI. Second Reading, p. 602. VII. Order for Com- 
 mittee of the Whole, p. 606. VIII- Instructions, p. 607. IX. Refer- 
 ence to Select Committees, p. 613. X. Notice of Proposed Amend- 
 ments in Committee, p. 615. XI. Reported from Select Committees, 
 p. 615. XII. In Committee of the Whole, p. 616. XIII. Reports from 
 such Committees, p, 622. XIV. Not referred, p. 625. XV. Third Reading, 
 p. 626. XVI. Passage, p. 627. XVII. After Passage, p. 628 ; amend- 
 ments in either House, p. 629 ; reasons for disagreement, p. 629. XVIII. 
 Revival of a Bill temporarily superseded, p. 633. XIX. Introduced by 
 mistake, p. 635. XX. Expedition in passage, p. 635. XXI. Once intro- 
 duced not altered except by authority of the House, p. 638. XXII. 
 Correcting Mistakes during Progress, p. 639. XXIII. Accidental Loss 
 of a Bill during Session, p. 640. XXIV. Once rejected not again offered 
 in same Session, p. 641. Exceptions to General Rule, p. 642. XXV. 
 Royal Assent, p. 645 ; Changes in Governor-General's instructions as 
 to reserving Bills, p. 650 ; Assent always given in presence of the two 
 Houses, p. 633 ; Cases of Bills assented to in error, p. 655. XXVI. 
 Assent in the Local Legislatures, p. 656 ; Practice of Reserving and 
 Vetoing Bills, p. 657. XXVII. Amendment or Repeal of an Act in the 
 fiame Session, p. 660. XXVIII. Commencement of an Act, p. 661. 
 XXIX. The Statutes and their Bistribution, p. 661. 
 
CONTENTS. XV 
 
 OHAPTBE XIX. 
 PRIVATE BILLS. 
 
 I. Importance of private bill legislation, p. 663. II. Definition of private 
 bills, p. 664. III. Questions of Legislative jurisdiction arising out of 
 private legislation in Parliament, p. 665. IV. Reports of Supreme Court 
 of Canada on private bills, p. 684. V. Questions of jurisdiction referred 
 to standing orders committee in Senate, p. 686. VI. Classification of 
 private bills, p. 686 ; Hybrid Bills, p. 690. VII. General public acts 
 afiecting corporate bodies, p, 697. VIII. All acts deemed public, unless 
 otherwiee declared, p. 697. 
 
 CHAPTBE XX. 
 
 PRIVA TE BILLS— Continued. 
 
 I. English compared with Canadian procedure, p. 698. II. Promotion of 
 private bills in Parliament, p. 701. III. Private bill days in the Com- 
 mons, p. 703. IV. Petitions for private bills, p. 704. V. Committee on 
 standing orders, p. 708. VI. First and second readings of bill, p. 721. 
 VII. Fees and charges, p. 728. VIII. Committees on private bills, p. 
 731. IX. Reports of committees, p. 743. X. Committee of the whole, 
 p. 745. XI. Third reading, p. 748. 
 
 CHAPTEE XXI. 
 
 PRIVATE BILLS— Conclvded. 
 
 I. Divorce Bills in the Senate, p. 750. II. Rules and Practice in the 
 Senate, p. 756 ; Notice of Application, p. 757 ; Service of Notice, p. 758 ; 
 Deposit of Bill and Fees, p. 759 ; Presentation of Petition, p. 760 ; Stat- 
 utory Declarations, p. 761 ; Meeting of Committee, p. 762 ; Examination 
 of Notice, Petition, Bill, and other Papers, p. 762; Presentation and 
 adoption of Committee's Report, p. 763 ; Presentation of Bill, lb. ; Second 
 Heading of Bill, p. 764; Proceedings before Committee after Second 
 Reading, p. 765 ; Report of the Committee, p. 768 ; Third Reading of 
 Bill, p. 769. III. Divorce Bills in the House of Commons, p. 770. IV. 
 Private Bills in the Senate, imposing rates and tolls, p. 772. V. Bills 
 not based on Petitions, p. 773. VI. Amendments made by either House, 
 p. 776. 
 
 CHAPTBE XXII. 
 
 General Observations on the Practical Operation of Parliamentary 
 Government in the Dominion of Canada, pp. 779 — 816. 
 
XVI CONTENTS. 
 
 APPENDIX. 
 
 A. British North America Act, 1867 819 
 
 B. An Act respecting the establishment of Provinces in the Dominion 
 
 of Canada (34-35 Vict., c. 28) 859 
 
 C. An Act to remove certain doubts with respect to the powers of 
 
 the Parliament of Canada under section 18 of the B.N. A Act, 
 1867 (38-89 Vict., c. 38) 860 
 
 D. An Act respecting the representation in the Parliament of Canada 
 
 of Territories which for the time being form part of the Dominion 
 of Canada, but are not included in any province, (49-50 Vict, c. 
 35) 862 
 
 E. Governor-General's Commission, Instructions, etc 863 
 
 F. Proclamation summoning Parliament for despatch of business. .. 870 
 
 G. Prayers in the Commons 871 
 
 H. Forms of Motions 872 
 
 I. Forms of Petitions 877 
 
 J. Forms of resignation of members; Speaker's warrants for new 
 
 writs of election, etc 878 
 
 K. Model Bill for Railway Charters 880 
 
 L. Standing Orders of English Commons respecting Closure, etc 882 
 
 M. Table showing date of meeting, close, duration, prorogation and 
 
 dissolution of th Parliament of Canada, 1867-1891 888 
 
 N. Forms for petitions and other proceedings for Divorce 889 
 
 O Supplementary Notes to text of this work 892 
 
 ADDENDA AND ERRATA. 
 
 ;e 65, note 1, for App. L, read App. M. 
 
 139, " 4, for Dom. Stat. (1888), read Dom Stat (1887). 
 
 147, " 5, for 1867, read 1877. 
 
 327, line 26, for 878, read 1878. 
 
 443, " 8, add {^) after " duty " as a reference to note 2. 
 
 783, note 1, for 783, n, read 782, n.2. 
 
 812, " 3, add these words : " A privy councillor on accepting a 
 departmental ofiBce or portfolio in the cabinet, also 
 takes an oath binding him to the faithful adminis- 
 tration of such office. This oath is administered 
 under the Governor-General's instructions. See dp 
 52, 867." 
 
LIST OF PRINCIPAL AUTHORITIES CITED IN THIS WORK. 
 
 Anson. — Law and Custom of the Constitution, by Sir R. W. Anson, 1886. 
 
 Bellefeuille, de.— Le Code Civil du Bas-Canada, 1889. 
 
 Blackmore. — Decisions of Speakers Denison, Brand and Peel, by Mr. 
 Blackmore, of the South Australian Legislature, 6 vols., 1881-1887. 
 
 Blackstone. — Commentaries on the Laws of England, by Sir W. Black- 
 stone. 
 
 Bourinot. — Federal Government in Canada, Johns Hopkins University 
 Studies, 1889; Canadian Studies in Comparative Politics, Trans, of 
 Eoy. Soc. of Can., 1890 ; Local Government in Canada, lb., 1886. 
 
 Bourke. — Decisions of Mr. Speaker Lefevre, by Mr. Bourke, 1857. 
 
 Bramwell. — Proceedings on Bills in the House of Commons, by G. Bram- 
 well, 1833. 
 
 Campbell. — History of Prince Edward Island, by D. Campbell. 
 
 Canadian Archives, by D. Brymner, 1884-90. 
 
 Can. Hans.— Canadian Hansard, Commons, 1875-1891 . 
 
 Can. Law J.— Canada Law Journal. 
 
 Can. L. T. — Canadian Law Times. 
 
 Can. Com. J. — Journals of the House of Commons of Canada, 1867-1891. 
 
 Can. Sp. D. — Decisions of Canadian Speakers, 1841-1864, by Mr. Laper- 
 rifire. 
 
 Can. Sess. P. — Canadian Sessional Papers, 1841-1891. 
 
 Can. Sup. Court E. — Eeports of the Supreme Court of Canada, 18 vols. 
 
 Cartwright. — Cases decided on the B. N. A. Act, collected by Mr. Cart- 
 wright, deputy attorney-general of Ontario, 3 vols. 
 
 Cassels. — Practice of the Supreme Court of Canada, by Eobert Cassels, 
 1888. 
 
 Cav. Deb.— Debates, 1768-1770, by Sir H. Cavendish. Debates on the 
 Quebec Act, published in 1839. 
 
 Christie. — History of Lower Canada, by E. Christie, 6 vols. 
 
 Colchester. — Diary and Correspondence of Lord Colchester. 
 
 Col. Off, List.— Colonial Office List, 1890. 
 
 Conf. Deb. — Confederation Debates, 1865. 
 
 Coke.— Institutes of the Laws of England, by Sir E. Coke. 
 
 Cons. Stat. — Consolidated Statutes of Canada, Upper Canada and Lower 
 Canada, 1859 and 1861 ; of New Brunswick, 1 877 ; of British Columbia. 
 1888; of Manitoba, 1880-81. 
 
XVIII LIST OF AUTHORITIES CITED. 
 
 Cooley.— A Treatise on the Constitutional Limitations which rest upon 
 the Legislative Power of the States of the American Union, by T. M. 
 Cooley, 6th ed., 1890. 
 
 Cox.— The Institutions of the English Government, by Homersham Cox. 
 
 Creasy. — Imperial and Colonial Constitutions, by Sir E. Creasy. 
 
 Gushing.— Law and Practice of Legislative Assemblies, by L. S. Gushing, 
 1856. 
 
 DeLolme — The Constitution of England. 
 
 Dent.— Forty Years since the Union of 1841, by J. G. Dent, 2 vols. 
 
 D'Ewes.— Journals of Parliaments of Elizabeth, by Sir S. D'Ewes, 1682. 
 
 Dicey.— The Law of the Constitution, by A. V. Dicey, 4th ed., 1885. 
 
 Doutre.— Constitution of Canada, by Joseph Doutre, 1880. 
 
 Doutre et Lareau. — Histoire du droit Canadien, by Doutre et Lareau. 
 
 Dwarris. — Dwarris on Statutes, 1848. 
 
 E. Com. J.— Journals of the English House of Commons. 
 
 Edits, Ordonnances Eoyaux et Declarations concernant le Canada, 3 
 vols., 1854-56, Quebec. 
 
 E. Hans. — Hansard's Parliamentary Debates, 3 series ; vols. 1 to 21, of 
 the first series, were published as Cobbett's. 
 
 English Law Reports. — Douglass; Knapp; Perry and Knapp; Meeson 
 and Welsby ; Garrington and Kirwan ; Appeal Cases, Judicial Com- 
 mittee of Privy Council (App. Gas.); Lord Kenyon (Lord Ken.); 
 Strange; Taunton (Taunt.); Chitty; Law Journals (L. J.); Wilson 
 (Wils.) ; Russell and Mylne (R. and M.) ; Espinasse (Esp.) ; East. 
 
 English Standing Orders, &c. (Eng. S. O.) — 1. Of the Houses of Lords and 
 Commons relative to Private Bills, 1882. 2. Of the House of Lords ex- 
 cept as to Local and Personal Bills, 1889. 3. Of the House of Common s 
 relating to Public Business, 1707-1888. 4. Rules, Orders and Forms of 
 Procedure, 9th ed., 1891, edited and enlarged by R. F. D. Palgravef 
 Clerk of the House of Commons. 
 
 Federalist. — A Commentary on the Constitution of the United States, by 
 Hamilton, Jay and Madison. 
 
 Hale on P. — Institution, Power, and Jurisdiction of Parliament, by Lord 
 Chief Justice Hale. 
 
 Hallam. — Constitutional History of England, by Henry Hallam ; 3 vols., 
 new English edition, 1881. 
 
 Hatsell.— Precedents of Proceedings in the House of Commons, by John 
 Hatsell, 4 vols., 1818. 
 
 Hodgins.— Reports of Ministers of Justice and Orders in Council on the 
 subject of Provincial Legislation, 1867-87, 2 vols., by W. E. Hodgins. 
 
 Hodgins.— Dominion and Ontario Franchise Acts, by Thomas Hodgins, 
 1889. 
 
 Houston.— Constitutional Documents of Canada, by W. Houston, 1891. 
 
 Howe.— Letters and Speeches of the Hon. Joseph Howe, by W. Annand- 
 
 Howells, St. Tr.— State trials, by T. B. and T. J. Howells. 
 
 Garneau.— Histoire du Canada, by F. X. Garneau, new French ed. in 4 
 vols., 1882, and Bell's Translation, 2 vols. 
 
LIST OF AUTHORITIES CITED. XIX 
 
 Gemmill on Divorce.— The Practice of the Parliament of Canada upon 
 
 Bills of Divorce, etc., by J. A. Gemmill, 1889. 
 Gray.— Confederation of Canada, by Hon. J. H. Gray. 
 Grey.— Colonial Policy of Lord John Russell's administration, by Earl' 
 
 Grey, 2 vols., 1853. 
 Grey.— Grey's Debates aftei the Restoration, 10 vols. 
 Hearn.— Government of England, by W. E. Hearn, 2nd ed., 1887. 
 Jefferson.— Jefferson's Manual of Parhamentary Practice, published 
 
 periodically with the rules of the two Houses of the jCongress of the 
 
 United States. 
 L. R. App. Cas. — Law Reports, Appeal Cases. 
 L. T. N. S., Law Times, New Series. 
 Leg. Ass. J. and Leg. Coun. J. — Journals of the Legislature of Canada, 
 
 1841-1866. 
 Lex Pari. — Lex Parliamentaria. 
 
 Lieber. — Civil Liberty and Self-Government, by Francis Lieber, 1859. 
 Lindsey. — Life and Times of W. Lyon MacKenzie, by Charles Lindsey. 
 L. C. J. — Lower Canada Jurist. 
 L. C. R. — Lower Canada Reports. 
 L. N. — Legal News, Montreal, edited by James Kirby. 
 Lodge. — A Short History of the English Colonies in America, by H. Cabot 
 
 Lodge. 
 Low. Can. J. — Journals of the Legislature of Lower Canada, 1792-1837. 
 Lord Durham's R. — Lord Durham's Report on the State of Canada, 1839^ 
 Lords' J. — Journals of the House of Lords. 
 May.— Constitutional History of England, by Sir T. E. May, 3 vols., 6th 
 
 English ed., 1878. A Treatise on the Law, Privileges, Proceedings and' 
 
 Usage of Parliament, by Sir T. Erskine May, 9th ed., 1883. 
 Min. of P.— Minutes of Proceedings of the Senate, 1867-1890. 
 Mirror of P.— Mirror of Parliament, 1828-1841. 
 Murdoch. — History of Nova Scotia, by B. Murdoch, 3 vols. 
 Orders in Council — Consolidated Orders in Council of Canada, by H. H.. 
 
 Bligh, 2 vols., 1889. 
 Palgrave. — Chairman's Handbook, by Reginald F. D. Palgrave, clerk 
 
 of the English House of Commons, new ed., 1887. Also the House of 
 
 Commons : Illustrations of its History and Practice, by the same author. 
 Parkman. — Old Regime in Canada, by Francis Parkman. 
 Pari. Comp. — ^The Canadian Parliamentary Companion, edited by J. A. 
 
 Gemmill, 1891. 
 Pari. Hist.— Parliamentary History of England, 1066-1803. Cobbett's,, 
 
 and Hansard's Parliamentary Debates follow this work in order. 
 Pari. Reg. — Parliamentary Register, 2 series. 
 Pari. Deb.— Canadian Parhamentary Debates until 1875, compiled in the 
 
 Parliamentary Library. 
 Pug. and Bur.— Pugsley and Burbidge's Reports of New Brunswick Cases^ 
 
XX J.IST OF A UTHORITIES CITED. 
 
 Rev. Ord. of N. W. T.— Revised Ordinances of the Northwest Territories 
 
 of Canada, 1888. 
 Rev. Stat —1. Revised Statutes of Canada, 1886. 2. Of Nova Scotia, 1884. 
 
 3. Of Ontario, 1887. 4. Of Quebec, 1888. 
 Scrope.— Life of Lord Sydenham, by G. Poulett Scrope. 
 Sedgwick. — Rules of the Interpretation and Application of Statutory and 
 
 Constitutional Law, by Theodore Sedgwick, 1874. 
 Sen. Deb.— Senate Debates, 1870-1891. 
 Sen. J. — Journals of the Senate of Canada, 1867-1891. 
 Sen. R. and Com. R. — Rules and Orders of the Senate and House of Com- 
 mons of Canada, 1884. 
 Smith's Digest. — Constitution, Manual and Digest, by H. Smith, Journal 
 
 clerk of the House of Representatives of the U. S. 
 Sp. Coun. — Journals of the Special Council of Lower Canada, 1838-1840. 
 Stephen. — Commentaries on the Laws of England, by H. J. Stephen, 
 
 11th ed. 
 Story. — tommentaries on the Constitution of the United States, by Joseph 
 
 Story, 2 vols., 4th ed., 1873, by T. M. Cooley. 
 Taswell-Langmead. — English Constitutional History, by J. P. Taswell- 
 
 Langmead, 4th ed., 1890. 
 Taylor. — Are Legislatures Parliaments ? by Fennings Taylor. 
 Todd. — Parliamentary Government in England, Alpheus Todd, 2 vols., 
 
 2nd ed., 1889. Parliamentary Government in the Colonies, by Alpheus 
 
 Todd, 1 vol. Private Bill Practice, by Alfred Todd. 
 Turcotte. — Canada sous I'Union, by L. P. Turcotte. 
 TJpp. Can. J. — Journals of the Legislatures of Upper Canada, 1792-1840. 
 U. C. C. P. — Upper Canada Commons Pleas Reports. 
 U. C. Q. B. — Upper Canada Queen's Bench Reports. 
 V. and P.— Votes and Proceedings of the House of Commons, 1867-1891. 
 Waples.— Hand-book of Parliamentary Practice, by Rufus Waples, 1883. 
 W^ithrow.— History of the Dominion of Canada, by W. H. Withrow, 1888. 
 Wilson.— Congressional Government, by Woodrow Wilson, 1884. 
 
CHAPTER I. 
 
 INTRODUCTION. 
 
 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 I. Canada under the French E^gime. — II. Government from 1760 to 1774. 
 —III. Quebec Act, 1774.— IV. Constitutional Act, 1791.— V. Union Act, 
 1840. — VI. Federal Union of the Provinces. — British North America 
 Act, 1867. — VII. Constitution of the General Government. — VIII. Con- 
 stitution of Parliament. — IX. Constitution of the Provincial Govern- 
 ments and Legislatures. — X. Organization of the Northwest Territory. 
 —XI. Disallowance of Provincial Acts. — XII. Distribution of Legisla- 
 tive Powers. — XIII. Judicial Decisions on questions of Legislative 
 Jurisdiction. — XIV. Rules of Construction and Constitutional princi- 
 ples deduced from Judicial decisions. — XV- Position of the Judiciary. — 
 Conclusion of Review. 
 
 I. Canada under the French Kegime. — The history of parlia- 
 mentary institutions in Canada commences towards the 
 close of the eighteenth century. Whilst the country re- 
 mained in the possession of France, the inhabitants were 
 never represented in legislative assemblies and never exer- 
 cised any control over their purely local affairs by fre- 
 quent town meetings. In this respect they occupied a 
 position very different from that of the English colonists 
 in America. The conspicuous features of the New Eng- 
 land system of government were the extent of popular 
 power and the almost entire independence of the parent 
 state in matters of provincial interest and importance. 
 All the freemen were accustomed to assemble regularly in 
 township meetings, and take part in the debates and pro- 
 ceedings. The town, in fact, was " the political unit, " 
 and was accordingly represented in the legislature of the 
 1 
 
2 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 colony. Legislative assemblies, ^ indeed, were the rule in 
 all the old colonies of England on this continent — even in 
 proprietary governments like that of Maryland. On the 
 other hand, in the French colony, a legislative system 
 was never enjoyed by the inhabitants. The first govern- 
 m.ent which was established by Samuel Champlain, the 
 founder of Quebec, was invested with large authority.^ 
 For over half a century, whilst the country was practical- 
 ly under the control of trading corporations, the governor 
 exercised all the powers of civil and military government 
 necessary for the security and peace of the colony. 
 Though he had the assistance of a council, he was under 
 no obligation whatever to follow its advice, on all occa- 
 sions. After some years' experience of a system of gov- 
 ernment which made the early governors almost absolute, 
 Colbert effected an entire change in the administration of 
 colonial affairs. From 1663, the government of Canada 
 was brought more directly under the control of the king, 
 and made more conformable to the requirements of a larger 
 population But in all essential features the government 
 resembled that of a French province. The governor 
 and intendant were at the head of affairs and reported 
 directly to the king.' Of these two high functionaries, 
 the governor was the superior in position ; he command- 
 
 1 Story on the Constitution of the United States (4th ed. Cooley), i. 113, 
 114, 193 n. ; Bourinot's Local Government in Canada, in Johns Hopkins 
 University Studies in Historical and Political Science, Baltimore, 1887. 
 
 2 Garneau i. 87 (Bell's Translation). The " Instructions " in the early 
 commissions ordered : "And according as affairs occur, you shall, in per- 
 son, with the advice of prudent and capable persons, prescribe— subject 
 to our good pleasure— all laws, statutes and ordinances ; in so far as they 
 may conform to our own, in regard to such things and concernments as 
 are not provided for by these presents." 
 
 2 The governor was styled in his commission, "Gouverneur et Lieuten- 
 ant-G6n6ral en Canada, Acadie, Isle de Terre-Neuve, et autres pays de la 
 France Septentrionale ;" and the intendant, ' "Intendant de la justice, 
 Police et Finance du Canada," etc. Boutre et Lareau, Histoire du Droit 
 Canadien, 130. 
 
CANADA UNDER THE FRENCH REGIME. 3 
 
 ed the troops, made treaties with the Indians, and took 
 precedence on all occasions of state. The intendant came 
 next to him in rank, and, by virtue of his large powers 
 exercised great influence in the colony. He presided at 
 the council, and had control of all expenditures of public 
 money. His commission also empowered him to exercise 
 judicial functions, and in certain cases to issue ordinances 
 having the force of law whenever it might be necessary. ^ 
 "When the king reorganized the government of Canada, 
 in the month of April, 1663, he decreed the establishment 
 of a supreme council at Quebec.^ This body, afterwards 
 called the superior council, consisted of the governor, the 
 bishop, the intendant and five councillors, subsequently 
 increased to seven, ^ and eventually to twelve.'' This 
 council exercised legislative, executive and judicial 
 po^A'ers. It issued decrees for the civil, commercial, and 
 financial government of the colony, and gave judgment 
 in civil and criminal causes according to the royal ordin- 
 ances and the coutume de Paris, besides exercising the func- 
 tion of registration borrowed from the Parliament of 
 Paris. An attorney-general sat in the council, which 
 was also empowered to establish subordinate courts 
 throughout the colony. From the decisions of the inten- 
 dant or the council there was no appeal except to the king- 
 in his council of state. Local governors were appointed at 
 Montreal and Three Rivers, but their authority was very 
 
 'See Commissions of Intendants ia Edits et Ordonnances, ui. 
 
 ^ Edit de crSation du conseil souverain de Quebec, lb. i. 37. 
 
 ■' In 1675, when the king confirmed the decree of 1663 {lb. i. 83), and 
 revoked the charter of the West India Co., to which exclusive trading 
 privileges had been conceded in 1664. Doutre et Lareau, Histoire du 
 Droit Canadien, 118, 184. 
 
 ' In 1703. The councillors were rarely changed, and usually held office 
 for life. They were eventually chosen by the king from the inhabitants 
 of the colony on the recommendation of the governor and intendant. 
 The West India Co. made nominations for some years. The first council, 
 after the edict of 1663, was selected by the governor and bishop, but prac- 
 tically by the latter, Monseigneur Laval. Parkman, Old Regime, 135-6. 
 
4 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 limited ; for they were forbidden to fine or imprison any 
 person without obtaining the necessary order from Que- 
 bec. Neither the seigneur nor the habitant had practically 
 any voice whatever in the government ; and the royal 
 governor called out the militia whenever he saw fit, and 
 placed over it what officers he pleased. Public meetings 
 for any purpose were jealously restricted, even when it 
 was necessary to make parish or market regulations' No 
 semblance of municipal government was allowed in the 
 town and village communities. Provision had been 
 made in the constitution of 1663 for the election of cer- 
 tain municipal officers called syndics, to note any infrac- 
 tion of public rights in the large communities ; but, after 
 a few futile attempts to elect such functionaries, the gov- 
 ernment threw every obstacle in the way of anything 
 like a municipal system, and the people finally were left 
 without any control whatever over their most trivial local 
 affairs. ^ The very social fabric itself rested on feudal 
 principles modified to suit the condition of things in a 
 new country. The habitant held his lands on a tenure 
 which, however favourable to settlement, was based on 
 
 ^ II ne laisse pas d'etre de tres grande consequence de ne pas laieser la 
 liberty au peuple de dire son sentiment. (Meules au JMinistre, 1685.) 
 Even "meetings held by parishioners under the eye of the cur6 to esti- 
 mate the cost of a new church seem to have required a special license 
 from the intendant." (Parkman, The Old Regime in Canada, 280.) 
 "Not merely was the Canadian colonist allowed no voice in the govern- 
 ment of his province or the choice of his rulers, but he was not even per- 
 mitted to associate with his neighbour for the regulation of those muni- 
 cipal affairs which the central authority neglected under the pretext of 
 managing." Lord Durham's E., 10. 
 
 '' Doutre et Lareau, Histoire du Droit Canadien, 138. The regulations 
 of 1647 show that such officers existed in Quebec, Montreal and Three 
 Elvers, but they had ceased to be appointed by 1661. The first elections 
 held in 1663 were allowed to miscarry, and from that time forward, says 
 Garneau, " There was no further question of free municipal government 
 in Canada, so long as French dominion endured, although a nominal 
 syndicate existed for a short time after that now under review.'' Gar- 
 neau i. 189-90. 
 
GOVERNMENT FROM 1760 TO 1774. 5 
 
 the acknowledgment of his dependence on the seigneur. 
 But at the same time, the lord of the manor, and the set- 
 tler on his estate, were on an equal footing to all intents 
 and purposes as respects any real influence in the admin- 
 istration of the public affairs of the colony. The very 
 name of parliament had to the French colonist none of 
 that significance it had to the Englishman, whether liv- 
 ing in the parent state or in its dependencies. The word 
 in French was applied only to a body whose ordinary 
 functions were of a judicial character, and whose very de- 
 crees bore the impress continually of royal dictation. In 
 Canada as in France, absolutism and centralization were 
 the principles on which the government was conducted. 
 The king administered public affairs through the gover- 
 nor and intendant, who reported to him as frequently as 
 it was possible in those times of slow communication be- 
 tween the parent state and the colony. ^ The country 
 prospered or languished, according as the king was able 
 or disposed to take any interest in its affairs ; but even un- 
 der the most favourable circumstances, it was impossible 
 that Canada could make any decided political or material 
 progress with a system of government which centralized 
 all real authority several thousand miles distant.^ 
 
 II. Government from 1760 to 1774.— Canada became a pos- 
 session of G-reat Britain by the terms of capitulation 
 signed on the 8th of September, 1*760.^ By these terms 
 G-reat Britain bound herself to allow the Freneh- 
 
 ' "The whole system of administration centered in the king, who, to 
 borrow the formula of his edicts, 'in the fullness of our power and our cer- 
 tain knowledge,' was supposed to direct the whole machine, from its 
 highest functions to its pettiest intervention in private affairs " Park- 
 man, Old Regime, 285-6. 
 
 '■' For accounts of system of government in Canada till the conquest, see 
 Garneau i. book iii., chap- iii. Parkman's Old Regime in Canada, chap, 
 xvi. Reports of Attorney-General Thurlow (1773), and Solicitor-General 
 Wedderburne !1772), cited by Christie, i. chap. ii. 
 
 " Atty.-Gen. Thurlow ; Christie's Hist, i. 48. Garneau, ii. 70. 
 
6 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 Canadians the free exercise of their religion ^ ; and certain 
 specified fraternities, and all communities of religieuses 
 were guaranteed the possession of their goods, constitu- 
 tions and privileges, but a similar favour was denied 
 to the Jesuits, Franciscans or Eecollets and Sulpicians, 
 until the King should be consulted on the subject. The 
 same reservation was made with respect to the parochial 
 clergy's tithes. These terms were all included in the 
 Treaty of Paris, signed on the 10th of February, 1*763, by 
 which France ceded to G-reat Britain, Canada, and all 
 the Laurentian isles, except St. Pierre and Miquelon, 
 insignificant islands off the southern coast of Newfound- 
 land, which were required for the prosecution of the 
 French fisheries. In this treaty G-reat Britain bound 
 herself to allow the Canadians the free exercise of their 
 religion, but no reference was made in the document to 
 the laws that were to prevail throughout the conquered 
 country. ^ 
 
 For three years after the conquest, the government of 
 Canada was entrusted to military chiefs, stationed at Que- 
 bec, Montreal and Three Rivers, the headquarters of the 
 three departments into which G-eneral Amherst divided 
 the country. ' Military councils were established to ad- 
 minister law, though, as a rule, the people did not resort 
 to such tribunals, but settled their difficulties among 
 themselves. In 1763, the king, G-eorge III., issued a pro- 
 clamation establishing four new governments, of which 
 Quebec was one. ^ Labrador, from St. John's River to 
 
 '■ The words '' as far as the laws of Great Britain permit," appear in 
 art. IV. of the Treaty of Paris. Doutre et Lareau, 328. They are also 
 found in the Instructions given in 1763 to Governor Murray. lb. 560. 
 
 ^ Atty.-Gen. Thurlow ; Christie, i. 48. j\Iiles, History of Canada under 
 French Regime, app. xvi. 
 
 •'■ These three divisions corresponded to the old ones under the French 
 r(§gime. General Murray was stationed at Quebec; General Gage at 
 Montreal ; Colonel Burton at Three Rivers. Garneau, ii. 82. 
 
 * The others were East Florida, West Florida, and Grenada. The 
 boundaries of the several governments are set forth in the proclamation. 
 
GOVERNMENT PROM 1760 TO 1774. *7 
 
 Hudson's Bay, Anticosti, and the Magdalen Islands, were 
 placed under the jurisdiction of Newfoundland, and the 
 islands of St. John (or Prince Edward Island, as it was 
 afterwards called), and Cape Breton (He Royale), with 
 the smaller islands adjacent thereto, were added to the 
 government of Nova Scotia Express power was given 
 to the governors, in the letters-patent by which these 
 governments were constituted, to summon general as- 
 semblies, with the advice and consent of his Majesty's 
 council, " in such manner and form as was usual in those 
 colonies and provinces which were under the king's 
 immediate government." Authority was also giA'en to 
 the governors, with the consent of the councils, and the 
 representatives of the people, to make laws, statutes and 
 ordinances for the peace, welfare and good government of 
 the colonies in question. The governors were also 
 empowered to establish, with the consent of the councils, 
 courts of judicature and public justice, for the hearing of 
 civil and criminal causes, according to law and equity, 
 and, as near as may be, agreeable to the laws of England, 
 with the right of appeal in all civil cases to the privy 
 council.^ G-eneral Murray,^ who was appointed governor 
 of Quebec on the 21st November, 1Y63, was commanded 
 to execute his office according to his commission and 
 accompanying instructions, or such other instructions 
 as he should receive under his Majesty's signet and 
 sign manual, or by his Majesty's order-in-council, and 
 according to laws made with the advice and consent of 
 
 '■ Proclamation of 7th October, 1763. Atty.-Gen. Thurlow's Report ; 
 Christie, i. 49-50. In the debates on the Quebec Bill, the vagueness 
 of this proclamation was sharply criticised, and no one appears to have 
 been willing to assume the responsibility of having framed it for the 
 king. Atty.-Gen. Thurlow acknowledged that "it certainly gave no 
 order whatever with respect to the constitution of Canada; it certainly 
 was not a iinished composition, etc." Cavendish's Debates, 29. 
 
 ^ Sir Jeffery Amherst was in reality the first, and Gen. ilurray the 
 second, governor-general of Canada. Garneau, ii. 87 ; supra, 6. 
 
8 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 the council and assembly — the latter to be summoned as 
 soon as the situation and circumstances of the province 
 should admit. The persons duly elected by the majority 
 of the freeholders of the respective parishes and places 
 were required, before taking their seats in the proposed 
 assemblies, to take the oaths of allegiance and supremacy, 
 and the declaration against transubstantiation/ All laws, 
 in conformity with the letters-patent, were to be trans- 
 mitted in three months to the king for disallowance or 
 approval. The governor was to have a negative voice, 
 and the power of adjourning, proroguing and dissolving 
 all general assemblies.^ 
 
 No assembly, however, ever met, as the French-Cana- 
 dian population were unwilling to take the test oath,' and 
 the government of the province was carried on solely by 
 the governor-general, with the assistance of an executive 
 council, composed in the first instance of the two 
 lieutenant-governors of Montreal and Three Rivers, the 
 chief-justice, the surveyor-general of customs, and eight 
 others chosen from the leading residents in the colony.* 
 From 1763 to 1*7*74 the province remained in a very 
 unsettled state, chiefly on account of the uncertainty that 
 prevailed as to the laws actually in force. The "new 
 subjects," or French Canadians, contended that justice, so 
 far as they were concerned, should be administered in 
 
 ' The oaths of allegiance, supremacy, and abjuration were formerly- 
 required to be taken by every member in the English Commons under 
 various statutes. By 29 and 30 Vict., c. 19, and 31 and 32 Vict., c. 72, a 
 single oath was prescribed for members of all religious denominations ; 
 May, 205. 30 Car. II., st. 2, c. 1, required members of both houses to 
 subscribe a declaration against transubstantiation, the adoration of the 
 Virgin, and the sacrifice of the mass. Taswell-Langmead, Const. Hist., 
 656, 657. 
 
 '' Atty.-Gen. Thurlow, in Christie, i. 50-1. 
 
 ^ It was convoked pro forma, but never assembled. Garneau, ii. 92, 
 108. 
 
 * Garneau ii. 87-S. Only one native French-Canadian was admitted 
 into this council. 
 
THE QUEBEC ACT OF 1774. 9 
 
 accordance with their ancient customs and usages, by 
 which for a long series of years their civil rights and 
 property had been regulated, and which they also main- 
 tained were secured to them by the terms of the capitu- 
 lation and the subsequent treaty. On the other hand, 
 " the old," or English subjects, argued from the pro- 
 clamation of 1*763 that it was his Majesty's intention 
 at once to abolish the old established jurisprudence of the 
 country, and to establish English law in its place, even 
 with respect to the titles of lands, and the modes of 
 descent, alienation and settlement.' 
 
 III. The Quebec Act of 1774.-The province of Quebec 
 remained for eleven years under the system of govern- 
 ment established by the proclamation of 1*763. In 1*7*74, 
 Parliament intervened for the first time in Canadian 
 affairs and made important constitutional changes. The 
 previous constitution had been created by letters-patent 
 under the great seal of Great Britain, in the exercise of an 
 unquestionable and undisputed prerogative of the Crown. 
 The colonial institutions of the old possessions of G-reat 
 Britain, now known as the United States of America, had 
 their origin in the same way.^ But in 1*7*74, a system of 
 government was granted to Canada by the express 
 
 ' Atty.-Gen. Thurlow, in Christie, i. 51-63 ; also Eeport of Atty.-Gen. 
 Yorke, and Sol.-Gen. De Grey, 14th April, 1766, quoted by Thurlow, 
 55. The latter able lawyer expressed himself very forcibly as to the 
 rights of the French Canadians : " They seem to have been strictly 
 entitled by the jws gentium to their property, as they possessed it upon the 
 capitulation and treaty of peace, together with all its qualities and 
 incidents by tenure or otherwise, and also to their personal liberty. 
 * * * * It seems a necessary consequence that all those laws by 
 which that property was created, defined, and secured, must be continued 
 to them. To introduce any other, as Mr. Yorke and Mr. De Grey 
 emphatically expressed it, tends to confound and subvert rights, instead 
 of supporting them." lb. 59. 
 
 2 Eeport of Committee of Council, 1st May, 1849, app. A., vol. ii. Earl 
 Crrey's Colonial Policy. 
 
10 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 .authority of Parliament/ This constitution was known 
 as the Quebec Act, and greatly extended the boundaries 
 of the province of Quebec, as defined in the proclamation 
 of 1*763. On one side, the province extended to the 
 frontiers of New England, Pennsylvania, New York 
 province, the Ohio, and the left bank of the Mississippi ; 
 on the other, to the Hudson Bay Territory. Labrador, 
 and the islands annexed to Newfoundland by the 
 proclamation of 1163, were made part of the province of 
 Quebec. 
 
 The bill was introdiiced in the House of Lords on the 
 2nd of May, 1774, by the Earl of Dartmouth, then 
 colonial secretary of state, and passed that body without 
 opposition. Much discussion, however, followed the bill 
 in its passage through the House of Commons, and on its 
 return to the Lords, the Earl of Chatham opposed it " as 
 a most cruel, oppressive, and odious measure, tearing up 
 justice and every good principle by the roots." The op- 
 position in the province was among the British in- 
 habitants, who sent over a petition for its repeal or 
 amendment. Their principal grievance was that it sub- 
 stituted the laws and usages of Canada for English law.'' 
 The act of 1774 was exceedingly unpopular in England 
 and in the English-speaking colonies, then at the com- 
 mencement of the Revolution.^ Parliament, however, 
 
 ' 14 Geo. Iir., c. 83, " making more eflfectual provision for the govera- 
 ment of tlie province of Quebec, in North America." The biil, on the 
 motion for its passage, with amendments, in the House of Commons, was 
 carried by 56 yeas to 20 nays. In the House of Lords it liad a majority 
 of 19; Contents 25, Non. Con. 7. Cav. Deb. iv, 296. 
 
 ^ Cav. Deb., preface, iii-vi. 
 
 ' The American Congress, in an address to tlie people of Great Britain, 
 September 5, 1774, declared the act to be unjust, unconstitutional, and 
 most dangerous and destructive of American rights. (Christie, i. 8-9.) 
 In 1779, Mr. Maseres, formerly attorney-general of Quebec, stated that 
 " it had not only offended the inhabitaute of the province, but alarmed 
 all the English provinces in America.'' Cav. Deb., v. See report for 1890 
 on Canadian Archives, by T^ouglas Brymner, xx-xxii. 
 
THE QUEBEC ACT OP 1774. 11 
 
 appears to have been influenced by a desire to adjust the 
 government of the province so as to conciliate the ma- 
 jority of the people.^ In the royal speech closing the 
 session, the law was characterized as " founded on the 
 plainest principles of justice and humanity, and would 
 have the best effect in quieting the minds and promoting 
 the happiness of our Canadian subjects." ^ 
 
 The new constitution came into force in October, 1*774. 
 The act sets forth among the reasons for legislation that 
 the provisions made by the proclamation of 1*763 were 
 " inapplicable to the state and circumstances of the said 
 province, the inhabitants whereof amounted at the con- 
 quest, to above sixty-five thousand persons professing the 
 religion of the Church of Eome, and enjoying an es- 
 tablished form of constitution and system of laws, by 
 which their persons and property had been protected, 
 governed, and ordered for a long series of years, from the 
 first establishment of the province." Consequently, it is 
 provided that Roman Catholics should be no longer 
 obliged to take the test oath, but only the oath of 
 allegiance. The government of the province was en- 
 trusted to a governor and a legislative council, appointed 
 by the Crown, inasmuch as it was " inexpedient to call 
 an assembly." ^ This council was to comprise not more 
 than twenty-three, and not less than seventeen members, 
 and had the power, with the consent of the governor or 
 commander-in-chief for the time being, to make or- 
 dinances for the peace, welfare, and good government 
 of the province. They had no authority, however, to 
 lay on any taxes or duties except such as the inhab- 
 
 ^ Garneau, who represents French Canadian views in his history, 
 acknowledges that "the law of 1774 tended to reconcile the Canadians to 
 British rule." ii. 125. 
 
 '' Cav. Deb., iv. 
 
 ^ Fox contended for a representative assembly, but Lord North ex- 
 pressed his opinion that it was not wise for a Protestant government to 
 delegate its powers to a Catholic assembly. Cav. Deb., 246-8. 
 
12 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 itants of any town or district might be authorized to 
 assess or levy within its precincts for roads and or- 
 dinary local services.^ No ordinance could be passed, 
 except by a majority of the council, and every one had 
 to be transmitted within six months after its enactment 
 to his Majesty for approval or disallowance. It was 
 also enacted that in all matters of controversy, relative 
 to property and civil rights, recourse should be had to 
 the French civil procedure, whilst the criminal law of 
 England should obtain to the exclusion of every other 
 criminal code which might have prevailed before 1'764. 
 Both the civil and the criminal law might be modified 
 and amended by ordinances of the governor and legis- 
 lative council. Owners of lands, however, might be- 
 queath their property by will, to be executed either ac- 
 cording to the laws of Canada or the forms prescribed 
 by the laws of England. The act also expressly gave the 
 French Canadians additional assurance that they would be 
 secured in the rights guaranteed to them by the terms 
 of the capitulation and the subsequent treaty. Roman 
 Catholics were permitted to observe their religion with 
 perfect freedom, and their clergy were to enjoy their 
 " accustomed dues and rights" with respect to such per- 
 sons as professed that creed. Consequently, the Roman 
 Catholic population of Canada were relieved of their dis- 
 abilities many years before people of the same belief in 
 Great Britain and Ireland received similar privileges. 
 
 The new constitution was inaugurated by Major 
 G-eneral Carleton, afterwards Lord Dorchester,- who 
 
 1 A supplementary bill, passed in the session of 1774 (14 Geo. III., c. 
 88), provided a revenue for defraying expenses of administration of 
 justice and civil government bj' imposing duties on spirits and molasses, 
 in place of old French colonial custom dues. The deficiency in the' 
 expenses was supplied from the imperial treasury. Christie, i. 1-2. 
 
 ^He was appointed Governor of Canada in 1772; in 1776 created a 
 Knight of the Bath; m 1786 raised to the peerage with the above title. 
 Caven. Deb., 100, note. 
 
CONSTITUTIONAL ACT, 1791 13 
 
 nominated a legislative council of twenty-three members, 
 of whom eight were Eoman Catholics.^ This body sat 
 as a rule, with closed doors ; ^ both languages were em- 
 ployed in the debates, and the ordinances agreed to were 
 drawn up in French and English. It was not able to sit 
 regularly, on account of the government being fully oc- 
 cupied with the defence of the province during the pro- 
 gress of the American war of independence.' In Vl*16, the 
 governor-general called to his assistance a privy council 
 of five members, in accordance with the royal instruc- 
 tions accompanying his commission. This advisory 
 not legislative, body, was composed of the lieutenant- 
 governor and four members of the legislative council.' 
 
 IV. Constitutional Act, I791.-The constitution of 1*7*74 re- 
 mained in force until the 20th of December, 1791, when 
 two provinces were established in Canada, and a more 
 liberal system of government was given to each section. 
 "Whilst the American war of independence was in pro- 
 gress, the French Canadian people remained faithful to 
 their allegiance, and resisted all the efforts of the 
 Americans to induce them to revolt against England."^ 
 One very important result of the war was the immigration 
 into British North America of a large body of people who 
 had remained faithful to British connection throughout 
 
 ^ Several were public functionaries. Garneau, ii. 166. 
 
 ' Councillors were required to take the following oath : — " I swear to 
 keep close and secret all such matters as shall be treated, debated and 
 resolved in Council, without disclosing or publishing the same or any part 
 thereof." Doutre et Lareau, 719. 
 
 " It did not meet during 1776. Garneau, ii. 165. 
 
 * Garneau, ii. 169. Exception was taken to the legality of this body 
 by Chief-Justice Livius, who contended that the law of 1774 only gave 
 authority to establish a legislative council. 
 
 ° In 1775, General Washington addressed a proclamation to the French 
 Canadians ; Baron D'Estaing, commander of the French fleet, did the 
 same in 1788. All such efforts were ineffectual. Speech of Sir G. E. 
 Cartier, Confed. Deb., 57-60. 
 
14 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 the struggle in the old colonies, and were destined, with 
 their descendants, to exercise a great influence on the 
 material and political development of Canada. Some 
 forty thousand loyalists, as near as can be ascertained, 
 came into the British American provinces. The ma- 
 jority settled in the maritime colony of Nova Scotia, 
 and founded the province of New Brunswick ; but a large 
 number, some ten thousand probably, established them- 
 selves in the country known as Upper Canada.^ By 
 1790, the total population of Canada had reached, prob- 
 ably, over one hundred and sixty thousand souls.^ In 
 1788, the governor created five judicial districts in 
 Upper and Lower Canada, in order to meet the require- 
 ments of the new population.^ It had by this time be- 
 come the opinion of English statesmen that it would be 
 advisable to make further constitutional changes in the 
 province, more consonant with the wishes of its large 
 population, of which the British element now formed a 
 very important part. The question of representative 
 government agitated the province from 1783 to 1790, and 
 petitions and memorials, embodying the conflicting 
 views of the political parties into w^hich the people were 
 
 ^ Introduction to Canada Census Statistics of 1871, vol. iv. xxxviii.-xlii. 
 
 '■' The population of New France in 1760 'was estimated at between 
 60,000 and 70,000, a considerable emigration to France having taken place 
 after the conquest. In 1775, the population of all Canada was estimated 
 at 90,000. In 1790, Nova 8cotia had probably 30,000 inhabitants; 1793, 
 Cape Breton, 2,000; St. John or Prince Edward Island, 4,500 in 1796; 
 New Brunswick had 35,000 by 1806.- (Census Statistics of 1871, vol. iv.) 
 Others estimate the population of Canada in 1790 at only 135,000. 
 Garneau, ii. 205. 
 
 ^ The district in the province of Quebec was called Gasp6; the other 
 four in the upper section were called Lunenburg, Mecklenburg, Nassau 
 and Hesse, after great houses in Germany, allied to the royal family of 
 England. Lunenburg extended from the Ottawa to the Gananoque; 
 Mecklenburg, from the Gananoque to the Trent ; Nassau, from the Trent 
 to Long Point, on Lake Erie; and Hesse embraced the rest of Canada to 
 the St. Clair. Doutre et Lareau, Histoire du Droit Canadien, 744. 
 Bourinot's Local Government in Canada, 30. 
 
CONSTITUTIONAL ACT, 1791. 15 
 
 divided, were presented to the home government, which 
 decided to deal with the question, after receiving a re- 
 port from Lord Dorchester, who had been authorized to 
 make full enquiry into the state of the colony. In the 
 session of ITQI, G-eorge III. sent a message to the House 
 of Commons declaring that it would be for the benefit of 
 the people of the province if two distinct governments 
 were established therein under the names of Lower Can- 
 ada and Upper Canada.' The result was the passage 
 through Parliament of the Constitutional Act of 1*791,^ 
 which was introduced in the House of Commons by Mr. 
 Pitt. This act created much discussion in Parliament 
 and in Canada, where the principal opposition came from 
 the British inhabitants of Lower Canada.^ Much jealousy 
 already existed between the two races, who were to be 
 still more divided from each other in the course of the 
 operation of the new constitution. The authors of the 
 new scheme of government, however, were of opinion 
 that the division of Canada into two provinces would 
 have the effect of creating harmony, since the French 
 would be left in the majority in one section, and the 
 British in the other.^ The Quebec Act, it was generally 
 
 ' March 4, 1791. Christie, i. 68-69. 
 
 - 31 Geo. III., c. 31. " In Upper and Lower Canada the three estates of 
 governor, council and assembly were established, not by the Crown (as 
 in the case of the old colonies), but by the express authority of Parlia- 
 ment. This deviation from the general usage was unavoidable, because 
 it was judged right to impart to the Eoman Catholic population of 
 the Canadas privileges which, in the year 1791, the Crown could not have 
 legally conferred upon them. There is also reason to believe that the 
 settlement of the Canadian constitution, not by a grant from the Crown 
 merely, but in virtue of a positive statute, was regarded by the American 
 loyalists as an important guarantee for the secure enjoyment of their 
 political franchises." Eep. of Com. of Council, 1st May, 1849 ; Earl Grey's 
 Colonial Policy, ii., app. A. 
 
 ' Mr. Adam Lymburner, a Quebec merchant, was heard on the 23rd 
 March, 1791, at the bar of the House of Commons against the bill. 
 Christie, 1. 74-114. 
 
 * Mr. Pitt said : "I hope this separation will put an end to the competi- 
 
16 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 admitted, had not promoted the prosperity or happiness 
 of the people. Great uncertainty still existed as to the 
 laws actually in force under the act. Although it had 
 been sixteen years in operation, neither the judges nor 
 the bar clearly understood the character of the laws of 
 Canada previous to the conquest. No certainty existed 
 in any matters of .litigation except in the case of the pos- 
 session, transmission, or alienation of landed property, 
 w^here the custom of Paris was quite clear. The Can- 
 adian courts sometimes admitted, and at other times re- 
 jected, French law, without explaining the grounds of 
 their determination. In not a few cases, the judges were 
 confessedly ignorant of French Canadian jurisprudence.' 
 The Constitutional Act of 1191 established in each pro- 
 vince a legislative council and assembly, with power to 
 make laws. The legislative council was to be appointed 
 by the king for life — in Upper Canada to consist of no 
 less than seven, and in Lower Canada of not less than fif- 
 teen members. Members of the council and assembly 
 must be of the age of 21, and either natural-born subjects 
 or naturalized by act of Parliament, or subjects of the 
 Crown by the conquest and cession of Canada. The 
 sovereign might, if he thought proper, annex hereditary 
 titles of honour to the right of being summoned to the 
 legislative council in either province.' The speaker of 
 
 tion between the old French inhabitants and the new settlers from Bri- 
 tain and the British colonies." Edmund Burke was of opinion that "to 
 attempt to amalgamate two populations composed of races of men diverse 
 in language, laws, and customs, was a complete absurdity." For debates 
 on bill see Eng. Hans. Pari. Hist. vol. 28,' p. 1271 ; vol. 29, pp. 104, 359- 
 459, 655. Garneau, ii. 198-203. Christie, i. 66-114. 
 
 1 Christie, i. 67. Mr. Lymburner, lb. 77-79 ; Eeport on Administration 
 of Justice, 1787. Garneau, ii. 189-90. 
 
 ' No titles were ever conferred under the authority of the act. Colonel 
 Pepperrell was the first American colonist who was made a baronet for 
 his services in the capture of Louisbourg, 1745. Such distinctions were 
 very rare in Canada during the years previous to Confederation. Chief 
 Justices James Stuart and J. B. Eobinson were both made baronets in 
 
CONSTITUTIONAL ACT, 1791. 17 
 
 the council was to be appointed by the governor-general. 
 The whole number of members in the assembly of Upper 
 Canada was. not to be less than sixteen ; in Lower Canada 
 not less than fifty.' — to be chosen by a majority of votes 
 in either case. The limits of districts returning represen- 
 tatives, and the number of representatives to each, were 
 fixed by the governor-general. The county members 
 were elected by owners of lands in freehold, or in fief or 
 roture, to the value of forty shillings sterling a year over 
 and above all rents and charges payable out of the same. 
 Members for the towns and townships were elected by 
 persons having a dwelling house and lot of ground there- 
 in of the yearly value of ^65 sterling or upwards, or who, 
 having resided in the town for twelve months previous to 
 the issue of the election writ, should have bond fide paid 
 one year's rent for the dwelling-house in which he shall 
 have resided, at the rate of ^GIO sterling a year or up- 
 wards. No legislative councillor or clergyman could be 
 elected to the assembly in either province. The governor 
 was authorized to fix the time and place of holding the 
 meeting of the legislature and to prorogue and dissolve it 
 whenever he deemed either course expedient ; but it was 
 also provided that the legislature was to be called to- 
 gether once at least every year, and that each assembly 
 should continue for four years, unless it should be sooner 
 dissolved by the governor. It was in the power of the 
 governor to withhold as well as give the royal assent to 
 all bills, and to reserve such as he should think fit for the 
 
 the early times of Canada. But, since 1867, the Queen has conferred 
 special marks of royal favour on not a few Canadians of merit. (See Todd 
 Pari. Govt, in the Colonies, 232 et seq.) The order of St. Michael and St. 
 George was expressly enlarged with a view of giving an Imperial recog- 
 nition of the services of distinguished colonists in different parts of the 
 Empire. 
 
 ^ Mr. Fox was of opinion that the assembly in Lower Canada should 
 have at least one hundred members ; he was also in favour of an elective 
 legislative council. Garneau ii. 202. 
 2 
 
18 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 . signification of the pleasure of the Crown. The British 
 Parliament reserved to itself the right of providing regu- 
 ilations, imposing, levying and collecting duties, for the 
 regulation of navigation and commerce to b6 carried on 
 'between the two provinces, or between either of them 
 and any other part of the British dominions or any foreign 
 country. Parliament also reserved the power of appoint- 
 ing or directing the payment of duties, but at the same 
 ■'time left the exclusive apportionment of all moneys levied 
 in this way to the legislature, which could apply them 
 to such public uses as it might deem expedient. It 
 was also provided in the new constitution that all pub- 
 lic functionaries, including the governor-general, should 
 be appointed by the Crown, and removable at the royal 
 pleasure. The free exercise of the Eoman Catholic re- 
 ligion was guaranteed permanently. The king was to 
 have the right to set apart, for the use of the Protestant 
 clergy in the colony, a seventh part of all uncleared 
 crown lands. The governors might also be empowered 
 to erect parsonages and endow them, and to present in- 
 cumbents or ministers of the Church of England, and 
 whilst power was given to the provincial legislatures to 
 amend the provisions respecting allotments for the sup- 
 port of the Protestant clergy, all bills of siich a nature 
 could not be assented to until thirty days after they had 
 been laid before both houses of the Imperial Parliament.^ 
 The governor and executive council were to remain a 
 court of appeals until the legislatures of the provinces 
 might make other provisions.^ The right of bequeathing 
 property, real and personal, was to be absolute and unre- 
 stricted. All lands to be granted in Upper Canada were 
 
 1 The intent of these provisions was to preserve the rights. and interests 
 of the established Church of England in both provinces from invasion by 
 their respective legislatures. Christie, i. 122. 
 
 ^ An ordinance of the province of Quebec had so constituted the execu- 
 tive. See Doutre et Lareau, 713. 
 
CONSTITUTIONAL ACT, 1791. 19 
 
 to be in free and common socage, as well as in Lower 
 Canada, when the grantee desired it. English criminal 
 law was to obtain in both provinces. 
 
 A proclamation was issued on the 18th of November, 
 1^91.' On the 7th of May, 1*792, Lower Canada was 
 divided into fifty electoral districts, returning altogether 
 fifty members. The legislature of that province was 
 called together by proclamation on the 30th of October, 
 and met for the first time accordingly at Quebec on the 
 l*7th of December, 1792. The legislative council was 
 composed of fifteen mem.bers." The government of Up- 
 per Canada was organized at Kingston, in July, 1792, 
 when the members of the executive and legislative coun- 
 cil were sworn, and writs issued for the election of the 
 assembly. The first meeting of the legislature of Upper 
 Canada — with seven members in the legislative council 
 and sixteen in the assembly — was held at Newark (the 
 old name of Niagara) on thel7th day of September 1792, 
 and was formally opened by Lieutenant- Grovernor Sim- 
 coe.^ Both legislatures, even in those early times of the 
 
 ' By the lieutenant-governor, General Alured Clarke. The governor-gen- 
 eral, Lord Dorchester, was absent in England. This proclamation set 
 forth the division line between the provinces as stated in the order of 
 council of the previous August — the Ottawa river being the line as far as 
 Lake Temiscamingue. Christie, i. 124. 
 
 ''Hon. VV. Smith, chief justice, was appointed speaker of the legislative 
 council of Lower Canada ; J. A. Panet was elected speaker of the legisla- 
 tive assembly. See Christie, i. 126-8, where names of members of both 
 houses are given. The legislature met for some years in the building 
 known as the old Bishop's Palace, situated between the Grand Battery 
 and Prescott Gate. 
 
 ^ Hon. W. Osgoode, chief justice, speaker of legislative council ; W. Mac- 
 donnell, speaker of legislative assembly. The first meeting was in a rude 
 frame house, about half a mile from the village — it was not unusual for 
 the members to assemble in the open air. (Scadding's Toronto, 29.) 
 The legislature of Upper Canada was removed to York, now Toronto, in 
 1797 — that town having been founded and named by Governor Simcoe 
 in 1794. (Withrow, 292.) The provincial legislature met in a wooden 
 building on what is now known as Parliament Street. Scadding's 
 Toronto, 26-7. 
 
20 PARLIAMENTARY IJVSTITUTIONS IN CANADA. 
 
 provinces, assembled with the formalities that are ob- 
 served at the opening of the Imperial Parliament ^ The 
 rules and orders adopted in each legislature were based, 
 as far as practicable in so new a country, on the rules and 
 usages of its British prototype.^ 
 
 The Constitutional Act of I'ZQl was framed with the 
 avowed object of " assimilating the constitution of Canada 
 to that of Great Britain, as nearly as the difference arising 
 from the manners of the people, and from the present situa- 
 tion of the province will admit." ' 
 
 For some years after the inauguration of the new con- 
 stitution, political matters proceeded with more or less 
 harmony, but eventually a conflict arose between the 
 governors and the representatives in the assembly, as 
 well as between the latter and the upper house, which 
 kept the people in the different provinces, especially in 
 Lower Canada, in a state of continual agitation. lu 
 Upper and Lower Canada the official class was arrayed, 
 more or less, with the legislative council against the 
 majority in the assembly. In Lower Canada the dispute 
 was at last so aggravated as to prevent the harmonious 
 operation of the constitution. The assembly was con- 
 stantly fighting for the independence of parliament, and 
 the exclusive control of the supplies and the civil list. 
 The control of "the casual and territorial revenues" was 
 a subject which provoked constant dispute between the 
 crown officials and the assemblies in all the provinces. 
 
 'The Duke de la Rochefoucault-Liancourt, who was present at an 
 "opening" in 1795, at Newark, gives a brief account of the ceremonial ob- 
 served even amid the humble surroundings of the first parliament. See 
 vol. ii. 88. 
 
 '' See Chap, v., infra. 
 
 ■' Despatch of Lord Grenville to Lord Dorchester, 20th Oct., 1789, given 
 in App. to Christie, vi. 16-24. Lt.-Governor Simcoe, in closing the 
 first session of the legislature of Upper Canada, said that it was the de- 
 sire of the imperial government to make the new constitutional system 
 "an image and transcript of the British constitution." See Journals of U. 
 C, 1792 ; E. Commons Papers, 1839, vol. 33, p. 166. 
 
CONSTITUTIONAL ACT, 1791. 21 
 
 These revenues were not administered or appropriated by 
 the legislature, but by the governors and their officers. 
 At length when the assemblies refused supplies, the ex- 
 ecutive government availed itself of these funds in order 
 to make itself independent of the legislature, and the peo- 
 ple through their representatives could not obtain those 
 reforms which they desired, nor exercise that influence 
 over officials which is essential to good government. ' 
 The governor dissolved the Quebec legislature with a 
 frequency unparalleled in political history, and was per- 
 sonally drawn into the conflict. Public officials were 
 harassed by impeachments. The assembly's bills of a 
 financial, as well as of a general character, were frequent- 
 ly rejected by the legislative council, and the disputes 
 between the two branches of the legislature eventually 
 rendered it impossible to pass any useful legislation. In 
 this contest the two races were found arrayed against 
 each other in the bitterest antagonism.^ Appeals to the 
 home government were very common, but no satisfactory 
 results were attained as long as the constitution of ITOl 
 remained in force. In Upper Canada the financial dis- 
 putes which were of so aggravated a character in the 
 lower province, were more easily arranged ; but neverthe- 
 less a great deal of irritation existed on account of the 
 patronage and political influence being almost exclusively 
 in the hands of the official class, which practically con- 
 trolled the executive and legislative councils. ^ 
 
 In Nova Scotia the majority of the house of assembly 
 were continually protesting against the composition of 
 the executive and legislative councils, and the preponder- 
 
 ' Mr. W. Macdougall : Mercer v. Attorney-General for Ontario, Canada 
 Sup. Court Eep., vol. v. 545-6. 
 
 ^ " I expected to find a contest between a government and a people ; I 
 found two nations vi^arring in the bosom of a single state ; I found a 
 struggle, not of principles, but of races" Lord Durham's E., 7. 
 
 ■■ Lord Durham's R., 56-58. 
 
22 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 ance therein of certain interests which they conceived to 
 be unfavourable to reform. ^ In New Brunsw^ick, for 
 years, the disputes between the executive and legislative 
 powers were characterized by much acrimony, but even- 
 tually all the revenues of the province were conceded to 
 the assembly, and the government became more harmo- 
 nious from the moment it was confided to those who had 
 the confidence of the majority in the house. " In Prince 
 Edward Island the political difficulty arose from the land 
 mionopoly,^ which was not to disappear in its entirety 
 until the colony became a part of the confederation of 
 Canada. But when we come to review the political con- 
 dition of all the provinces, we find, as a rule, " represen- 
 tative government coupled with an irresponsible execu- 
 tive, the same abuse of the powers of the representative 
 bodies, owing to the anomaly of their position, aided by 
 the want of good municipal institutions ; and the same 
 constant interference of the imperial administration in 
 matters which should be left w^holly to the provincial 
 governments." '' In Lower Canada, the descendants of 
 the people who had never been allowed by France a 
 voice in the administration of public affairs, had, after 
 some years' experience of representative institutions, en- 
 tered fully into their spirit and meaning, and could not 
 now be satisfied with the workings of a political system 
 which always ignored the wishes of the majority who 
 
 ' Mr. Young to Lord Durham, E., 75, and App. At the time of the 
 border difficulties with Maine, the Nova Scotia legislature voted the ne- 
 cessary supplies. " Y,et," said Mr. Howe, " those who voted the money, 
 who were responsible to their constituents for its expenditure, and with- 
 out whose consent (for they formed two-thirds of the Commons) a shilling 
 could not have been drawn, had not a single man in the local cabinet, by 
 whom it was to be spent, and by whom, in that trying emergency, the 
 governor would be advised." 
 
 '' Lord Durham's R., 74. 
 
 '^ Ibid. 75. 
 
 ' Ibid. 74. 
 
CONSTITUTIONAL ACT, 1791. 23 
 
 really represented the people in the legislature. Conse- 
 quently, the discontent at last assumed so formidable a 
 character, that legislation was completely obstructed. 
 Eventually, this discontent culminated in the rebellion of 
 ISS'T-SS,^ which inflicted much injury on the province, 
 though happily it was confined to a very small part of 
 the people. An attempt at a rebellion was also made in 
 the upper province, but so unsuccessfully, that the leaders 
 were obliged to fly almost simultaneously with the rising 
 of their followers ; ^ though it was not for many months 
 afterwards that the people ceased to feel the injurious 
 effects of the agitation which the revolutionists and their 
 emissaries endeavoured to keep up in the province. In 
 the lower or maritime colonies, no disturbance occurred, * 
 and the leaders of the popular party were among the first 
 to assist the authorities in their efforts to preserve the 
 public tranquillity, and to express themselves emphati- 
 cally in favour of British connection. * 
 
 The result of these disturbances in the upper provinces 
 was another change in the constitution of the Oanadas. 
 The imperial government was called upon to intervene 
 promptly in their affairs. Previous to the outbreak in 
 Canada the government had sent out royal commission- 
 ers with instructions to inquire fully into the state of 
 the province of Lower Canada, where the ruling party 
 in the assembly had formulated their grievances in the 
 
 ' For various accounts of this ill-advised rebellion in L. C, see Gar- 
 neau, ii. chaps, ii. and iii., Book 16, pp. 418-96 ; Christie, vols, iv., and 
 V. ; Withrovif, chap, xxvii. 
 
 ^ Life of W. Lyon Mackenzie, C. Lindsey. Wi throw, chap, xxviii. 
 
 ^ " If in these provinces there is less formidable discontent and less ob- 
 struction to the regular course of government, it is because in them t'here 
 has been recently a considerable departure from the ordinary course of 
 xhe colonial system, and a nearer approach to sound constitutional prac- 
 tice." Lord Durham's R., 74. 
 
 * See remarks of Mr. Joseph Howe at a public meeting held at Halifax , 
 K.S., in 1838. Howe's Life and Letters, i. 171, 179. 
 
24 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 shape of ninety-two resolutions, in which, among other 
 things, they demanded an elective legislative council.' 
 Lord Gosford came out in 1835 as governor-general and 
 as head of the commission,^ but the result tended only to 
 intensify the discontent in the province. In ISST, Lord 
 John Russell carried in the House of Commons, by a 
 large majority, a series of resolutions, in -which the de- 
 mand for an elective legislative council and other radical 
 changes was positively refused.^ In this public emer- 
 gency the Queen was called upon, on the 10th of Febru- 
 ary, 1838, to sanction a bill passed by the two houses, 
 suspending the constitution, and making temporary pro- 
 vision for the government of Lower Canada. This act * 
 was proclaimed in the Quebec G-azette on the 29th of 
 March in the same year, and, in accordance with its pro- 
 visions. Sir John Colborne appointed a special council,^ 
 which continued in office until the arrival of Lord 
 Durham, who superseded Lord G-osford as governor-gen- 
 eral," and was also entrusted with large powers as high 
 commissioner ' " for the adjustment of certain important 
 affairs, affecting the provinces of Upper and Lower Can- 
 ada." Immediately on Lord Durham's arrival he dis- 
 solved the special council just mentioned and appointed 
 a new executive council.* This distinguished statesman 
 
 1 Garneau, ii. 414. Journals, L. C, 1834, p. 310. 
 
 ■' Withrow, 365. Sir C. Grey and Sir G. Gipps were associated with Lord 
 Gosford on the Commission. 
 
 ■"• Eng. Com. J. [92] 305; Mirror of P., 1243-4. 
 
 * 1 and 2 Vict., c. 9; 2 and 3 Vict., c. 53. 
 
 ^ Christie V. 51. The first ordinance suspended the Habeas Corpm a.nd 
 declared that the enactment of the council should take effect from date 
 of passage. 
 
 " Christie, v. 47-9. Sir John' Colborne was only administrator at this 
 time. 
 
 ' For instructions, in part, to Lord Durham and his remarks in the 
 House of Lords on accepting the office, see Christie v. 47-50. 
 
 * Christie, v. 150-51. After the departure of Lord Durham a " special 
 council" was again appointed, it. 240. See infra 26. 
 
UNION ACT, 1840. 25 
 
 continued at the head of afFairs in the province from the 
 last of May, 1838, until the 3rd of November in the same 
 year, when he returned to England, where his ordinance 
 of the 28th of June, sentencing certain British subjects in 
 custody to transportation without a form of trial, and 
 subjecting them, and others not in prison, to death in 
 case of their return to the country without permission of 
 the authorities, had been most severely censured in and 
 out of Parliament as entirely unwarranted by law.^ So 
 strong was the feeling in the Imperial Parliament on this 
 question, that a bill was passed to indemnify all those 
 who had issued or acted in putting the ordinance in 
 force.^ 
 
 V. Union Act, 1840.— The immediate result of Lord Dur- 
 ham's mission was an elaborate report,' in which he fully 
 reviewed the political difficulties of the provinces, and 
 recommended imperial legislation with the view of reme- 
 dying existing evils and strengthening British connec- 
 tion. The most important recommendation in the report 
 was to the effect that " no time should be lost in propos- 
 ing to Parliament a bill for restoring the union of the 
 Canadas under one legislature, and reconstructing them 
 as one province." On no point did he dwell more strongly 
 than on the absolute necessity that existed for entrusting 
 the government to the hands of those in whom the repre- 
 sentative body had confidence.' He also proposed that 
 
 ' For debates on question, text of ordinance and accompanying procla- 
 mation, see Christie, v. 158-83. 
 
 ^ This bill was introduced by Lord Brougham, the severest critic of 
 Lord Durham's course in this matter. (1 and 2 Vict., c. 112.) In admit- 
 ting the questionable character of the ordinance, Lord Durham's friends 
 deprecated the attacks made against him, and showed that all his mea- 
 sures had been influenced by an anxious desire to pacify the dissensions 
 in the provinces. Christie, v. 183-94. 
 
 " OflBcially communicated to Parliament, 11th Feb., 1839. 
 
 * " I know not how it is possible to secure harmony in any other way 
 than by administering the government on those principles which have 
 
26 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 the Crown should give up its revenues, except those de- 
 rived from land sales, in exchange for an adequate civil 
 list, that the independence of the judges should be secured, 
 and that municipal institutions should be established 
 without delay, " as a matter of vital importance." The 
 first immediate result of these suggestions was the pre- 
 sentation to the Imperial Parliament, on the 3rd of May, 
 1839, of a royal message, ^ recommending a union of 
 the Oanadas. In the month of June, in the same year, 
 Lord John Rixssell introduced a bill to reunite the two 
 provinces, but it was allowed, after its second reading, 
 to lie over for that session of Parliament, in order that the 
 matter might be fully considered in Canada, and more 
 information obtained on the subject.^ Mr. Poulett Thom- 
 son' was appointed governor-general with the avowed 
 object of carrying out the policy of the imperial govern- 
 ment, and immediately after his arrival at Montreal in 
 November, 1839, he called the special council together, 
 and explained to them " the anxious desire felt by Parlia- 
 ment and the British people that a settlement of the ques- 
 tions relating to the Oanadas should be speedily arrived 
 at." The council passed an address in favour of a reunion 
 
 been found perfectly efficacious in Great Britain. I would not impair a 
 single prerogative of the Crown ; on the contrary, I believe that the in- 
 terests of the people of these provinces require the protection of preroga- 
 tives which have not hitherto been exercised. But the Crown must, on 
 the other hand, submit to the necessary consequences of representative 
 institutions; and if it has to carry on the government in unison with a 
 representative body, it must consent to carry it on by means of those in 
 whom that representative body has confidence." Page 106 of E. 
 
 ' Mr. Poulett Thomson's remarks to special council, 11th Nov., 1S39. 
 Christie, v. 316. 
 
 ^ Christie, v. 289-90. The opinion of the British Parliament was de- 
 cidedly favourable to the bill. 
 
 ■' Mr. Thomson was a member of the Imperial Parliament, and of de- 
 cidedly advanced views in politics. Sir John Colborne was governor in 
 the interval between Lord Durham's retirement and Mr. Thomson's ap- 
 pointment. 
 
UNION ACT, 1840. 2*7 
 
 of the provinces under one legislature, as a measure of 
 indispensable and urgent necessity." ' The governor- 
 general, in the month of December, met the legislature of 
 Upper Canada, and, after full consideration of the ques- 
 tion, both branches passed addresses in favour of union, 
 setting forth at the same time the terms which would be 
 considered most acceptable to the province." ^ 
 
 It will be seen that the imperial government considered 
 it necessary to obtain the consent of the legislature of 
 Upper Canada, and of the special council of Lower Can- 
 ada, before asking Parliament to reunite the two pro- 
 vinces. Accordingly, Lord John Russell, in the session 
 of 1840, again brought forward his bill entitled, " An Act 
 to reunite the provinces of Upper and Lower Canada, 
 and for the government of Canada," ^ which was assented 
 to on the 23rd of July, but did not come into effect until 
 the 10th of February in the following year, in accordance 
 with a suspending clause to that effect.^ The act pro- 
 
 _ 
 
 ' Special Conn. J., Nov. 11, 12, 13, 14. Christie, v. 316-22. 
 
 ' Leg. Conn. J. (1839-40) 14, &o. Leg. Ass. J. (1839-40), 16, 57, 63, 66, 
 161, 164. Christie, v. 3.6-56. Previously, however, in 1838, a committee 
 of the houSe of assembly of Upper Canada had declared itself in favour 
 of the proposed union. Upp. Can. Ass. J. (1838), 282. 
 
 ^ 3 and 4 Vict., <j. 35. The bill passed with hardly any opposition in the 
 Commons, but it was opposed in the Lords by the Duke of Wellington, 
 the Earl of Gosford, and the Earl of Ellenborough, besides others. 
 
 * Mr. Poulett Thomson, now created Lord Sydenham, issued his 
 proclamation on February 5, 1841, and took the oath on that day as 
 governor-general from Chief Justice Sir James Stuart at Government 
 House in Montreal. Mr. Thomson's title was Baron Sydenham, of 
 Sydenham in the County of Kent, and of Toronto in Canada. (Christie 
 V. 357-8.) The first parliament of the united Canadas was held at 
 Kingston, 14th of June, 1841. In 1844 it was removed to Montreal (then 
 a city of 40,000 souls), on address. Mr. Speaker Jameson and other 
 Tipper Canadian legislative councillors left their seats rather than agree 
 to the vote for the change. The legislature remained at Montreal until 
 the riots of 1849, on the occasion of the Rebellion Losses Bill, led to the 
 adoption of the system, under which the legislature met alternately at, 
 Quebec and Toronto— the latter city being first chosen by Lord Elgin. 
 An address to the Queen to select a permanent capital was agreed to in 
 
28 PARLIAMENTAR Y INSTITUTIONS IN CA NAD A. 
 
 yided for a legislative council of not less than twenty- 
 members, and for a legislative assembly in which each 
 section of the united provinces would be represented by 
 an equal nvimber of members — that is to say, forty-two 
 for each, or eighty-four in all. The speaker of the coun- 
 cil was appointed by the Grown, and ten members, in- 
 cluding the speaker, constituted a quorum. A majority 
 of voices was to decide, and in case of an equality of 
 votes, the speaker had a casting vote. A legislative 
 councillor would vacate his seat by continuous absence 
 for two consecutive sessions. The number of represen- 
 tatives allotted to each province could not be changed 
 except with the concurrence of two-thirds of the mem- 
 bers of each house. The quorum of the assembly was to 
 be twenty, including the speaker. The speaker was 
 elected by the majority, and was to have a casting vote 
 in case of the votes being equal on a question. No 
 person could be elected to the assembly unless he pos- 
 sessed a freehold of lands and tenements to the value of 
 five hundred pounds sterling over and above all debts 
 and mortgages. The English language alone was to be 
 used in the legislative records.^ A session of the legis- 
 lature should be held once, at least, every year, and each 
 legislative assembly was to have a duration of four 
 years, unless sooner dissolved. Provision was made for 
 a consolidated revenue fund, on which the first charges 
 
 1857, and Ottawa finally chosen. The Canadian parliament assembled 
 for the first time on the 8th June, 1866, in the new edifice constructed in 
 that city. The British North America Act, 1867, s. 16, made that city 
 the political capital of the Dominion. Turcotte, 1st part, 71, 144 ; 2nd 
 part, 119, 315-16. 
 
 ' The address from the Upper Canada assembly prayed for the equal 
 representation of each province, a permanent civil list, the use of the 
 English language in all judicial and legislative records, as well as in the 
 debates after a certain period, and that the public debt of the province be 
 charged on the joint revenues of the United Canadas. These several 
 propositions, except that respecting the French language, were recom- 
 mended in the governor-general's messages. Christie, v. 334-48. 
 
UNION ACT, 1840. 29 
 
 were expenses of collection, management, and receipt of 
 revenues, interest of public debt, payment of the clergy, 
 and civil list. The fund, once these payments were 
 made, could be appropriated for the public service as the 
 legislature might think proper. All votes, resolutions or 
 bills involving the expenditure of public money were to 
 be first recommended by the governor-general.^ 
 
 The passage of the Union Act of 1840 was the com- 
 mencement of a new era in the constitutional history of 
 Canada as well as of the other provinces. The statesmen 
 of Great Britain had learned that the time had arrived 
 for enlarging the sphere of self-government in the colo- 
 nies of British North America ; and, consequently, from 
 1840 we see them year by year making most liberal con- 
 cessions, which would never have been thought of under 
 the old system of restrictive colonial administration. The 
 most valuable result was the admission of the all im- 
 portant principle that the ministry advising the governor 
 should possess the confidence of the representatives of 
 the people assembled in parliament. Lord Durham, in 
 his report, had pointed out most forcibly the injurious 
 consequences of the very opposite system which had so 
 long prevailed in the provinces. His views had such in- 
 fluence on the minds of the statesmen then at the head of 
 afiairs, that Mr. Poulett Thomson (as he informed the 
 legislature of Upper Canada), " received her Majesty's 
 commands to administer the government of these pro- 
 vinces in accordance with the well-understood wishes 
 and interests of the people." ^ Subsequently he commu- 
 
 ' See chapter xvii. on Supply, s. 2. 
 
 ^ In answer to an address from the assembly, 13th December, 1839. 
 (Christie v. 353.) The views of the great body of Reformers (in Upper 
 Canada) appear to have been limited, according to their favourite expres- 
 sion, to making the colonial constitution " an exact transcript " of that of 
 Great Britain; and they only desired that the Crown should, in Upper 
 Canada, as at home, entrust the administration of affairs to men pos- 
 sessing the confidence of the assembly. Lord Durham's R. 58. 
 
30 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 nicated to the legislature of the united provinces two 
 despatches from Lord John Russell/ in which the gover- 
 nor-general was instructed, in order " to maintain the 
 utmost possible harmony," to call to his counsels and to 
 employ in the public service " those persons who, by 
 their position and character, have obtained the general 
 confidence and esteem oi the inhabitants of the province." 
 He wished it to be generally made known by the gover- 
 nor-general that thereafter certain heads of departments 
 would be called upon " to retire from the public service 
 as often as any sufficient motives of public policy might 
 suggest the expediency of that measure." ^ During the 
 first session subsequent to the message conveying these 
 despatches to the legislature, the assembly agreed to cer- 
 tain resolutions which authoritatively expressed the 
 views of the supporters of responsible government. It 
 was emphatically laid down, as the very essence of the 
 principle, that " in order to preserve between the differ- 
 ent branches of the provincial parliament that harmony 
 which is essential to the peace, welfare, and good govern- 
 ment of the province, the chief advisers of the represen- 
 tative of the sovereign, constituting a provincial adminis- 
 tration under him, ought to be men possessed of the con- 
 fidence of the representatives of the people, thus affording 
 a guarantee that the well-understood wishes and interests 
 of the people, which our gracious sovereign has declared 
 shall be the rule of the provincial government, will, on 
 
 ' Lord J. Kussell was colonial secretary from 1839 to 1841 ; the office 
 was afterwards held successively from 1841 to 1852 by Lord Stanley, Mr. 
 Gladstone, and Earl Grey. So that all these eminent statesmen assisted 
 in enlarging the sphere of self-government in the colonies. Todd's Pari. 
 Gov. in the Colonies, 25. 
 
 '' Can. Ass. J. (1841), App. BB. These papers were in response to an ad- 
 dress from the assembly of 5th August, 1841. The instructions to the 
 governor-general repeated substantially the despatches on responsible 
 government. Journal of Ass., 20th August, 1841. 
 
UNION ACT, 1840. 31 
 
 all occasions, be faithfully represented and advocated." ^ 
 Nevertheless, during the six years that elapsed after the 
 passage of this formal expression of the views of the large 
 majority in the legislature, 5" responsible government " 
 did not always obtain in the fullest sense of the phrase, 
 and not a few misunderstandings arose between the gov- 
 ernors and the supporters of the principle as to the man- 
 ner in which it should be worked out."^ In 184Y, Lord 
 Elgin was appointed governor-general, and received posi- 
 tive instructions " to act generally upon the advice of his 
 executive council, and to receive as members of that body 
 those persons who might be pointed out to him as enti- 
 tled to do so by their possessing the confidence of the 
 assembly."^ No act of parliament was necessary to effect 
 this important change ; the insertion and alteration of a 
 few paragraphs in the governor's instructions were suffi- 
 cient.'' By 1848 the provinces of Canada, Nova Scotia, 
 and New Brunswick'* were in the full enjoyment of the 
 
 ' The resolutions, which were agreed to, were proposed by Mr. Harri- 
 son, then provincial secretary in the Draper-Ogden ministry, in amend- 
 ment to others of the same purport, proposed by Mr. Baldwin. The reso- 
 lution quoted in the text was carried by 56 yeas to 7 nays ; the others 
 passed without division. Journals of Ass., 1841, pp. 480-82. 
 
 - Especially during the administration of Lord Metcalfe (1843-45), who 
 believed he could make appointments to office without taking the advice 
 of his council. Dent's Canada since the Union, vol. i. chap. xvi. 
 
 ^ Grey, Colonial Policy, vol. i. 206-34 ; Adderley, 31. See also Colo- 
 nial Eeg., 57. Lord John Kussell was premier, and Earl Grey, colonial 
 secretary, when Lord Elgin was appointed. Todd, Pari. Gov. in the 
 Colonies, 54-60. Bourinot, Canadian Studies in Comparative Politics, 
 IS note. 
 
 •* Mr. Merivale, quoted in Creasy's Constitutions of the Britannic Em- 
 pire, 389. Lord John Russell, in his instructions to Lord Sydenham, ex- 
 pressly stated that it was " impossible to reduce into the form of a posi- 
 tive enactment, a constitutional principle of this nature." Journals of 
 Assembly, 1841, p. 392. 
 
 ^ Earl Grey was colonial secretary in 1848, when the system was fully 
 inaugurated in the maritime provinces. E. Commons papers, 1847-48, 
 vol. 42, pp. 51-88. 
 
32 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 system of self-government, which had been so long advo- 
 cated by their ablest public men ; and the results have 
 proved eminently favourable to their political as well as 
 material development. 
 
 From 1841 to 1861, during which period the new con- 
 stitution remained in force, many measures of a very im- 
 portant character were passed by the legislature. The 
 independence of parliament was effectually secured, and 
 judges and ofhoials prevented from sitting in either 
 house.^ An elaborate system of municipal institutions 
 was perfected in the course of a few years for Upper and 
 Lower Canada. It had been proposed to make such a 
 system a part of the constitution of 1840," but the clauses 
 on the subject were struck out of the bill during its pas- 
 sage in the House of Commons, on the ground that such 
 a purely local matter should be left to the new legisla- 
 ture.' Lord Sydenham, who had very strong opinions 
 on the subject, directed the attention of the legislature in 
 the first session to the necessity of giving a more ex- 
 tended application to the principles of local self-govern- 
 ment, which already prevailed in the province of Upper 
 Canada ; and the result was the introduction and passage 
 of a measure in that direction.' At this time there was 
 already in force an ordinance passed by the special coun- 
 cil to establish a municipal system in Lower Canada — a 
 measure which created much dissatisfaction in the pro- 
 vince. Eventually the ordinance was revoked, and a 
 system established in both provinces which met with 
 
 ^ Chap. ii. s. 8. 
 
 '•= Lord Durham so proposed it, E. 109. (Scrope's Life of Lord Syden- 
 ham, 194.) The address of the assembly of Upper Canada to the gover- 
 nor-general in 1840 called attention to the necessity of introducing a sys- 
 tem into Lower Canada, in order to provide for local taxation. Cliristie, 
 V. 347. 
 
 •• Christie, v. 356. 
 
 ' Introduced by Mr. Harrison ; 4 & 5 Vict., c. 10. 
 
UNION ACT, 1840. 33 
 
 general approval.^ This measure demands special men- 
 tion, even in this chapter, inasmuch as it has had a most 
 valuable effect in educating the mass of the people in 
 self-government, besides relieving the legislature of a 
 large amount of business, which can be more satisfac- 
 torily disposed of in town or county organizations, as 
 provided for by law. In fact, the municipal system of 
 Canada lies at the very basis of its parliamentary insti- 
 tutions. 
 
 Among the distinguishing features of the important 
 legislation of this period was the passage of a measure 
 which may be properly noticed here, since it disposed of 
 a vexatious question which had arisen out of the provi- 
 sions of the Constitutional Act of 1191. It will be seen 
 by reference to the summary given elsewhere of that act 
 that it reserved certain lands for the support of a Protes- 
 tant clergy. The Church of England always claimed 
 the sole enjoyment of these lands, and in 1835, Sir John 
 Colborne established a number of rectories which gave 
 much offence to the other Protestant denominations, who 
 had earnestly contended that these lands, under a strict 
 interpretation of the law, belonged equally to all Protes- 
 tants.^ The Church of Scotland, however, was the only 
 other religious body that ever received any advantage 
 from these reserves. The Reform party in Upper Can- 
 ada made this matter one of their principal grievances, 
 and in 1839 the legislature passed an act to dispose of 
 the question, but it failed to receive the approval of the 
 imperial authorities. It was not until 1853 that the 
 British Parliament recognized the right of the Canadian 
 
 ^ See Bourinot's Local Government in Canada ; Turcotte 1st Part, 97, 
 180 ; 2nd Part, 260, 384. Also, Cons. Stat, of Upper Canada, c. 54 ; of 
 Lower Canada, c. 24. 
 
 ^ In fact, in 1840, the highest judicial authorities of England gave it as 
 their opinion that the words " a Protestant clergy " in the act of 1791 in- 
 cluded other clergy than those of the Church of England. Mirror of P.. 
 May 4, 1840. 
 
 3 
 
34 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 legislature to dispose of the clergy reserves on the con- 
 dition that all vested rights were respected. In 1854, the 
 Canadian legislature passed a measure making existing 
 claims a first charge on the funds, and dividing the bal- 
 ance among the several municipalities in the province ac- 
 cording to population. Consequently, so far as the act 
 of 1*791 attempted to establish a connection between 
 Church and State in Canada, it signally failed. ^ 
 
 Nor can the writer well leave out a brief reference to 
 the abolition of the seigniorial tenure, after an existence 
 of over two centuries, since the system deeply affected in 
 many ways the social and political life of the French 
 Canadian people. In the days of the French regime, this 
 system had certain advantages in assisting settlement and 
 promoting the comfort of the inhabitants ; but, as Lower 
 Canada became filled up by a large population, this relic 
 of feudal times became altogether unsuited to the condi- 
 tion of the country, and it was finally decided to abolish 
 it in the session of 1854.^ 
 
 It was during this period that the Canadian legislature 
 dealt with the civil service, on whose character and 
 ability so much depends in the working of parliamentary 
 institutions. During the time when responsible govern- 
 ment had no existence in Canada, the legislature had 
 
 1 See Lord Durham's R., 66, 83 ; Turcotte, ii., 137, 234 ; Cons. Stat of 
 Canada, c. 25. The measure of 1854 (18 Vict., c. 2) was in charge of 
 Attorney-General (now Sir John) Macdonald, then a member of the 
 MacNab-Morin administration. Leg. Ass. J. (lSo4-5) 193 et seq. 
 
 * Mr. Drummond, attorney-general in the MacNab-Morin administra- 
 tion, introduced tlie bill which became law, 18 Vict., c. 3. A bill in the 
 session of 1853 had been thrown out by the legislative council. For 
 historical account of this tenure see Garneau i , chap. iii. ; Parkman's 
 Old Regime, chap. xv. ; Turcotte, ii., 161, 203, 234; Const Stat, of Lower 
 Canada, chap. xli. The number of fiefs at the time of the passage of the 
 Act of 1854, was ascertained to be 220, possessed by 160 seigmurs, and 
 about 72,000 rentiers. The entire superficial area of these properties com- 
 prised 12,822,503 acres, about one-half of which was found under rental. 
 Garneau, i., 185. Report of Seigniorial Commission. 
 
UNION ACT, 1840. 35 
 
 virtually no control over public officials in the different 
 provinces, but their appointment rested with the home 
 government and the governors. Tn the appointments, 
 Canadians vv^ere systematically ignored, or a selection 
 made from particular classes, and the consequence was the 
 creation of a bureaucracy which exercised a large influ- 
 ence in public affairs, and was at the same time inde- 
 pendent of the popular branch. When self-government 
 was entrusetd to the provinces, the British authorities 
 declared that they had " no wish to make the provinces 
 the resource for patronage at home," but, on the contrary, 
 were earnestly intent on " giving to the talent and char- 
 acter of leading persons in the colonies advantages 
 similar to those which talent and character employed in 
 the public service obtain in the United Kingdom." ' But 
 at the same time the British government, speaking 
 through the official medium of the secretary of state for 
 the colonies, always pressed on the Canadian authorities 
 the necessity of giving permanency and stability to the 
 public service, by retaining deserving public officers 
 without reference to a change of administration.^ The 
 consequence of observing this valuable British principle 
 has been to create a large body of public servants, on 
 whose ability and intelligence depends, in a large mea- 
 sure, the easy working of the machinery of government. 
 According as the sphere of governmen expanded, and 
 the duties of administration became more complicated, 
 it was found necessary to mature a system better adapt- 
 ed to the public exigencies. The first important mea- 
 
 ■ Lord John Bassell, 1839. Journals of Ass. U.C., App. B.B. 
 
 ' Lord John Eussell, 1839. App. B.B., Jour, of Ass., 1841. Earl Grey 
 to Lieut.-Governor Harvey of Nova Scotia, 31 March, 1847. E. Com. P. 
 1847-48, vol. 42, p. 77. In Nova Scotia, the advice of the British govern- 
 ment was never practically followed, and public ofiBcers have been very 
 frequently changed to meet the necessities of politicians. See despatch 
 of the Dulie of Newcastle to Governor Gordon, Feb. 22, 1862, New Brans- 
 wick Jour., 1862, p. 192. 
 
36 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 sure in this direction was the bill of 185V, which has 
 been followed by other legislation in the same direction 
 of improving the machinery of administration.^ 
 
 But in no respect have we more forcible evidence of 
 the change in the colonial policy of the imperial govern- 
 ment than in the amendments that were eventually made 
 in the Union Act of 1840. All those measures of reform 
 for which Canadians had been struggling during nearly 
 half a century, were at last granted. The control of the 
 public revenues and the civil list had been a matter of 
 serious dispute for years between the colonies and the 
 parent state ; but, six years after the union, the legisla- 
 ture obtained complete authority over the civil list, with 
 the sanction of the imperial government, which gave up 
 every claim to dispose of provincial moneys.^ About the 
 same time, the imperial government conceded to Canada 
 the full control of the post-office, in accordance with the 
 wishes of the people as expressed in the legislature.* 
 The last tariff framed by the Imperial Parliament for the 
 British possessions in North America was mentioned in 
 
 ' Mr. Spence, when postmaster-general in the Tach^-Macdonald ad- 
 ministration, introduced the act of 1857, appointing permanent deputy 
 heads and grades in the departments. 20 Vict, chap. 24. Cons. Stat, of 
 Canada, c. 11. See Eeports of Civil Service Commission, presented to 
 Canadian Parliament, 1880-81 and 1882, in which the present condition of 
 the service is fully set forth, Sess. Pap., No. 113, (1880-81) and Sess. P., 
 No. 32, (1882). In 1882, Parliament passed an act to improve the effi- 
 ciency of the service (45 Vict., c. 4), which has been amended by later 
 legislation. See Eev. Stat, of Canada, c. 17. 
 
 '' Ss. 50 to 57, respecting consolidated revenue fund and charges there- 
 on, and with the schedules therein referred to, were repealed by the im- 
 perial act 10 and 11 Vict., c. 71, and the provincial act 9 Vict., c 114, 
 was brought into force, and duly provided a permanent Civil List in 
 place of that arranged by the imperial authorities. See Cons. Stat, of 
 Canada, c. 10. 
 
 ■'' See Speech of Lord Elgin, sess. of 1847, Journal of Ass., p. 7 ; Can. 
 Stat., 13 and 14 Vict., c. 17, s. 2, and Cons. Stat, c. 31, s. 2, under author- 
 ity of imperial act, 12 and 13 Vict., o. 66. 
 
UNION ACT, 1840. 37 
 
 the speech at the opening of the legislature in 1842/ and 
 not long after that time, Canada found herself, as well as 
 the other provinces, completely free from imperial inter- 
 ference in all matters affecting trade and commerce. In 
 1846, the British Colonies in America were authorized by 
 an imperial statute^ to reduce or repeal by their own 
 legislation duties imposed by imperial acts upon foreign 
 goods imported from foreign countries into the colonies 
 in question. Canada soon availed herself of this privi- 
 lege, which was granted to her as the logical sequence 
 of the free trade policy of G-reat Britain, and, from that 
 time to the present, she has been enabled to legislate 
 very freely with regard to her own commercial interests. 
 In 1849, the Imperial Parliament, in response to addresses 
 of the legislature, and memorials from boards of trade 
 and merchants in Canada, repealed the navigation laws, 
 and allowed the river St. Lawrence to be used by ves- 
 sels of all nations.'' "With the repeal of those old laws, 
 which had been first enacted in the days of the common- 
 wealth to impede the commercial enterprise of the Dutch, 
 Canadian trade and shipping received an additional im- 
 pulse. 
 
 No part of the constitution of 1840 gave greater offence 
 to the French Canadian population than the clause re- 
 
 1 Ass. Jour., 1842, p. 3. 
 
 ^ Imp. Stat. 9 and 10 Vict., c. 94. Todd, Pari. Gov. in the Colonies, 176- 
 80. See speech of Lord Elgin, 1847, Jour. 7, in which he refers to the 
 power given to the colonial legislatures to repeal differential duties hereto- 
 fore imposed by the colonies in favour of British produce. In response 
 the legislature passed, 10 and 11 Vict., c. 30, the first measure necessary 
 to meet " the altered state of our colonial relations with the mother 
 country." Speech of Speaker of Assembly in presenting Supply Bill. 
 Jour. 218. 
 
 ^ Leg. Ass. J. (1849), 43, 48, and App. C. ; Imp. Act, 12 and 13 Vict., c. 29, s. 
 5- The memorandum of the Canadian government sets forth very clearly 
 that since it was no longer the policy of the Empire to give a preference 
 to colonial products in the markets of the United Kingdom, no reason 
 could possibly exist for monopolies and restrictions in favour of British 
 shipping. App. C. as above. 
 
38 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 stricting the use of the French language in the legisla- 
 ture. It was considered as a part of the policy, foresha- 
 dowed in Lord Durham's report/ to denationalize, if pos- 
 sible, the French Canadian province. The repeal of the 
 clause in 1848 was one evidence of the harmonious opera- 
 tion of the union, and of the better feeling between the 
 two sections of the population.' Still later, provision 
 was made for an elective legislative council, so long and 
 earnestly demanded by the old legislature of Lower Can- 
 ada. In 1854 the Imperial Parliament passed, in re- 
 sponse to an address of the legislative assembly, an act to 
 empower the legislature to alter the constitution of the 
 legislative council.^ In 1856, the Canadian legislature 
 passed a bill providing for an elective upper house ; the 
 province was divided into 48 electoral divisions, 24 for 
 each section ; twelve members were to be elected every 
 two years ; every councillor was to hold real estate to the 
 value of $8,000 within his electoral district. The mem- 
 bers were only to remain in the council for eight years, 
 but could of course be re-elected. Existing members 
 were allowed to retain their seats during their lives.^ The 
 speaker was appointed by the Crown from the council 
 until 1862, when he was elected by the members from 
 
 ' " Without effectin.s the change so rapidly or so roughly as to shook 
 the feelings and trample on the welfare of the existing generation, it must 
 henceforth be the first and steady purpose of the British government to 
 establish an English population, with English laws and language, in this 
 province, and to trust its government to none but a decidedly English leg- 
 islature." P. 110, et seq. ^ See chap. v. 6.5, infra. 
 
 ■'■ Leg. Ass. J. (1853), 944; Imp. Act, 17 and 18 Vict., c. 118. In the 
 course of the debate the Duke of Newcastle said : " The proper course to 
 pursue was to legislate no more for the colonies than we could possibly 
 help; indeed, he believed that the only legislation now required for the 
 colonies consisted in undoing the bad legislation of fonder years." 134 
 E. Hans. (3) 159. See 22 and 23 Vict., c. 10, Imp. Stat, with reference to 
 speaker of L. C. 
 
 * 19 and 20 Vict., c- 140 ; Cons. Stat, of Canada, c. 1. Mr. Cauchon, 
 commissioner of Crown Lands, in the MacNab-Tach6 administration, in- 
 troduced the bill in the assembly. 
 
FEDERAL UNION OP THE PROVINCES. 39 
 
 among their own number.^ The first election of conn- 
 cillors under the new act took place in the summer of 
 1856. 
 
 VI. Federal Union of the Provinces.— The union between 
 Upper and Lower Canada lasted until 186*7, when the 
 provinces of British North America were brought more 
 closely together in a federation and entered on a new era 
 in their constitutional history. For many years previous 
 to 1865, the administration of government in Canada had 
 become surrounded with political difficulties of a very 
 perplexing character. The union had not at first been 
 viewed with favour by the majority of the French Can- 
 adians who regarded it as a scheme to anglicize their 
 province in the course of time. One of their grievances ^ 
 was the fact that the act gave to each province the same 
 representation in the legislature, though Lower Canada 
 had in 1840 the greater population.^ But the large immi- 
 gration that flowed into Upper Canada for many years 
 after the union soon gave the preponderance of population 
 to that province, where in the course of no long time a 
 demand was made for a representation in the legislature 
 
 ' Can. Stat, 23 Vict, c. 3, repealed s. 26 of 19 and 20 Vict., c. 140. The 
 act made also provision for supplying the place of the speaker in case of 
 his being obliged to leave the chair from illness, &c. The first ^election 
 took place in 1862, March 20, when Sir Allan MoNab was chosen speaker. 
 
 ^ See address of Mr. Lafontaine (Turcotte, i. 60), in which he laid before 
 the electors of Terrebonne his opinion as to the injustice of the Union Act : 
 " L'union est un acte d'injustice et de despotisme en ce qu'elle nous est 
 impos^e sans notre consentement ; en ce qu'elle prive le Bas-Canada du 
 nombre legitime de ses repr^sentants, etc." 
 
 ^ In 1839, Lord Durham gave the population of Upper Canada at 400,000, 
 and that of Lower Canada at 600,000, of whom 450,000 were French. The 
 census compiler of 1870 gives the population of Upper Canada in 1840, at 
 432,159; of Nova Scotia, in 1838, 202,575; of New Brunswick, in 1840, 
 156,162; of Assiniboia, 7,704; of Prince Edward Island, 47,042 in 1841 j 
 No figures are given for Lower Canada in 1840, but we find the number 
 was 697,084 in 1844. The figures given by Lord Durham were as accurate 
 as they could be made at the time. 
 
40 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 according to the population. This demand' was always 
 strenuously resisted by the Lower Canadian representa- 
 tives as unjust in view of the conditions under which they 
 entered the union. The act itself afforded them sufficient 
 protection inasmuch as it embodied the proviso ^ that the 
 goA'ernor could not assent to any bill of the legislature to 
 alter the representation, unless it should have been passed 
 with the concurrence of two-thirds of the members in each 
 house. This clause was, however, suddenly repealed by 
 the imperial act of 1854, empowering the legislature to 
 alter the constitution of the legislative council, but no 
 practical result ever followed in respect to the representa- 
 tion.^ 
 
 It is interesting to note that one of the expedients by 
 which it was hoped to arrange the political conflict be- 
 tween the two sections was the principle of a double 
 majority. In the course of the first decade after the union, 
 prominent public men laid it down as necessary to the 
 harmonious operation of the constitution, that no admin- 
 istration ought to continue in power unless it vs^as sup- 
 ported by a majority from each section of the united pro- 
 vinces. * As a matter of justice, it was urged, no 
 measure touching the interests of a particular province 
 should be passed, except with the consent of a majority of 
 
 ^ 3 and 4 Vict, c. 35, s. 26. This clause was added to the bill by the 
 British ministry to protect the French Canadian representation. Gar- 
 neau, ii. 480. 
 
 2 17 and 18 Vict., c. 118, s. 5. The legislature had never asked an 
 amendment in this direction, and the history of the repeal is a mystery- 
 Garneau, in the edition of 1859, accused Sir Francis Hincks of having 
 been the inspiring cause ; but in a pamphlet published in 1877, the latter 
 denied it most emphatically. In a subsequent edition, the onus of the 
 change is placed on Mr. Henry John Boulton, a member of the legislative 
 assembly, who was in England in 1854, about the same time as Sir F. 
 Hincks. Garneau (ed. of 1882), iii., 275, 376. In 1854, the total number 
 of represeiilatives in the assembly was 130, 65 from each province. 16 
 Vict., c. 152. 
 
 ■' Messrs. Lafontaine and Caron to Mr. Draper, 1845. Turcotte i., 
 202-10. 
 
FEDERAL UNION OF THE PROVINCES. 41 
 
 its representatives.' The principle had more or less re- 
 cognition in the government and legislature after 1848.' 
 The very formation of the ministry, in which each pro- 
 vince was equally represented, was an acknowledgment 
 of the principle. But this acknowledgment, it was con- 
 tended, was of no substantial value so long as the ex- 
 ecutive councillors taken from either section of the pro- 
 vince did not possess the confidence of the majority of the 
 representatives of that section in the assembly.^ The prin- 
 ciple, however specious in theory, was not at all practic- 
 able in legislation, and even its most strenuous supporters 
 too often found that it could not be conveniently carried 
 out in certain political crises. Its observance was always, 
 to a great extent, a matter of political convenience, and it 
 was at last abandoned even by its former advocates, who 
 had urged it as the only means of doing justice to each 
 province, and preserving the equality of representation 
 provided in the constitution of 1840.^ 
 
 The demands of the representatives from Upper Canada 
 for additional representation were made so persistently 
 that the time arrived when the administration of public 
 affairs became surrounded with the gravest embarrass- 
 ment. Parties at last were so equally balanced on ac- 
 count of the antagonism between the two sections, that 
 
 ' Mr. Baldwin resigned in 1851 on a vote of the Upper Canada repre- 
 sentatives adverse to the court of chancery, Turcotte ii., 171-3. See re- 
 marks of Sir John A. Macdonald, Confederation Debates, 30. 
 
 ^ See resolution moved by Mr. (now Sir Hector) Langevin, 19th of May, 
 1858. 
 
 ■* See amendment moved by Mr. Cauchon to Mr. Thibaudeau's motion. 
 Jour. Ass. (1858) 145,876. Also lb. (1856), 566. 
 
 * Mr. J. Sandfield Macdonald was always one of its warmest supporters, 
 on the ground that it did away with the necessity of a change in the 
 representation, as advocated by Mr. Brown and his followers from Upper 
 Canada ; but he virtually gave it up on the separate school question in 
 1863, when a majority of the representatives of his own province pro- 
 nounced against a measure to which he was pledged as the head of the 
 Macdonald-Sicotte Ministry. Turcotte ii., 477-487. See Dent ii., 429. 
 
42 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 the vote of one member might decide the fate of an ad- 
 ministration, and the course of legislation, for a year or 
 series of years. From the 21st of May, 1862, to the end 
 of June, 1864, there were no less than five different minis- 
 tries in charge of the public business.' Legislation, in 
 fact, was at last practically at a dead-lock, and it became an 
 absolute political necessity to arrive at a practical solution 
 of difficulties, which appeared to assume more gravity with 
 the progress of events. It was at this critical juncture 
 of affairs that the leaders of the government and opposi- 
 tion, in the session of 1864, came to a mutual understand- 
 ing, after the most mature consideration of the whole 
 question. A coalition government was formed on the 
 basis of a federal union of all the British American pro- 
 vinces, or of the two Oanadas, in case of the failure of the 
 larger scheme.- The union of the provinces had been dis- 
 cussed more than once in the legislatures of British North 
 America since the appearance of Lord Durham's report, 
 in which it was urged with great force that "it would 
 enable the provinces to co-operate for all common pur- 
 poses, and above all, it would form a great and powerful 
 people, possessing the means of securing good and re- 
 sponsible government for itself, and which, under the pro- 
 tection of the British Empire, might, in some measure, 
 counterbalance the preponderant and increasing influence 
 of the United States on the American continent." Lord 
 Durham even went so far as to recommend that the " bill 
 should contain provisions by which any or all of the other 
 North American colonies may, on the application of the 
 legislature, be, with the consent of the two Canadas or 
 their united legislature, admitted into the union on such 
 
 1 Sir J. A. ilacdonald. Con. Deb., 2ll ; Sir E. P. Tach^ lb. 9. 
 
 -Sir J. A. Macdonald, (Joiif. Deb., 26-27. "The opposition and gov- 
 ernment leaders arranged a larger and a smaller scheme; if the larger 
 failed, then they were to fall back upon the minor, which provided for a 
 federation of the two sections of the province." Sir E. P. Tache, lb. 9. 
 
FEDERAL UNION OF THE PROVINCES. 43 
 
 terms as may be agreed on between them." ^ The expedi- 
 ency of a union was made a part of the programme of the 
 Oartier-Macdonald government in 1858, and expressly re- 
 ferred to in the governor's speech at the close of the ses- 
 sion ; ^ but no practical result was ever reached until the 
 political necessities of the provinces forced them to take 
 up the question and bring it to a satisfactory issue. 
 It was a happy coincidence that the legislatures of the 
 lower provinces were about considering a maritime union 
 at the time the leading statesmen of Canada had com- 
 bined to mature a plan of settling their political difficul- 
 ties. The Canadian ministry at once availed themselves 
 of this fact to meet the maritime delegates at their con- 
 vention in Charlottetown, and the result was the decision 
 to consider the question of the larger union at Quebec. 
 Accordingly, on the 10th of October, 1864, delegates 
 from all the British North American provinces assem- 
 bled in conference, in " the ancient capital," and after 
 very ample deliberations during eighteen days, agreed 
 to seventy-two resolutions, which form the basis of the 
 Act of Union.' These resolutions were formally sub- 
 
 ' Eep. 116-21. He preferred a legislative union. See for various 
 schemes of union, Brymner's report on Canadian archives for 1890, pp. 
 23-24. 
 
 ^ Conf. Deb., Sir G. E. Cartier, 53; Ass. J. (1858) 1043. See also Mr. 
 Brown's speech (110-24), in "which he claimed that the essence of the 
 federation measure was found in the "joint authority " resolutions of the 
 Eeform Convention of 1859. 
 
 ■' For historical accounts of initiation of confederation see Doutre, Con- 
 stitution of Canada, 15 : Gray, Confederation of Canada, vol. i. ; Turcotte 
 ii., 518 59; Confederation Debates, 1865, especially speeches of Sir E. P. 
 Tach6, Sir J. A. Macdonald, Sir G. E. Cartier, Hon. Geo. Brown and Sir 
 A. Campbell. Canada was represented by 12 delegates, 6 for each pro- 
 vince, New Brunswick by 7, Nova Scotia by 5, P. E. Island by 7, and 
 Newfoundland by 2 ; each province had a vote, and the convention sat 
 with closed doors. The delegates : Canada, Sir E. P. Tach^, Messrs. J-, 
 A. Macdonald, Cartier, Brown, Gait, Campbell, Chapais, McGee, Lange- 
 vin, Mowat, McDougalland Cockburn. Nova Scotia, Messrs. Tupper, 
 Henry, McCully, Archibald and Dickey. New Brunswick, Messrs. Til- 
 
44 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 mitted to the legislature of Canada in January, 1865, 
 and after an elaborate debate which extended from the 
 3rd of February to the 14th of March, both houses agreed 
 by very large ma,jorities to an address to her Majesty 
 praying her to submit a measure to the Imperial Parlia- 
 ment "for the purpose of uniting the provinces in ac- 
 cordance with the provisions of the Quebec resolutions." ' 
 Some time, however, had to elapse before the union 
 could be consummated, in consequence of the strong op- 
 position that very soon exhibited itself in the maritime 
 provinces, more especially to the financial terms of the 
 scheme. In New Brunswick, there were two general 
 elections during 1865 and 1866, the latter of which resul- 
 ted in the return of a legislature favourable to union, and 
 finally to the adoption of the measure. The question was 
 never submitted to the people at the polls in Nova Scotia, 
 but the legislature eventually, after months of hesitation, 
 agreed to the union, in view of the facts that it was 
 strongly approved by the imperial government as in the 
 interests of the Empire, that both Canada and New 
 Brunswick had given their consent, and that it was pro- 
 posed to make such changes in the terms as would be 
 more favourable to the interests of the maritime provin- 
 ces. The result of the action of the two provinces in 
 question was another conference at London in the fall of 
 1866, when a few changes were made in the direction of 
 
 ley, Mitchell, Fisher, Sleeves, Gray, Chandler and Johnson. P. E. Is- 
 land, Messrs. Gray, Coles, Haviland, Palmer, Macdonald, Whalen a n 
 Pope. Newfoundland, Messrs. Shea and Carter. 
 
 ^ The address was agreed to in the legislative council by 45 contents to 
 15 non-contents, .Jour. (Ib65, 1st sess.), 130; in the assembly by 91 
 yeas to 33 nays, Jour., 192-3 ; Confed. Debates, 1865, p. 962. SirE. P 
 Tache introduced the resolutions in the council ; Atty.-Gen. (now Sir J. A.) 
 Macdonald moved, and Atty.-Gen. (afterwards Sir) G. E. Cartier, second- 
 ed them in the assembly. Four members of the government went to 
 England after the session of 1865, in reference to confederation, the ces- 
 sion of the North-West, and other important questions. Jour. 1865, 2nd 
 sess., 7-16. 
 
FEDERAL UNION OF THE PROVINCES. 45 
 
 maritime interests, chiefly in the financial terms, and 
 without disturbing the important features of the Quebec 
 resolutions, to which Canada had already pledged herself 
 in the session of 1865/ The provinces of Canada, Nova 
 Scotia and New Brunswick, being at last in full accord, 
 through the action of their respective legislatures, the 
 plan of union was submitted on the 12th of February, 
 1861, to the Imperial Parliament, where it met with the 
 warm support of the statesmen of all parties, and passed 
 without amendment in the course of a few weeks, the 
 royal assent being given on the 29th of March.^ The new 
 constitution came into force on the first of July, 186'7, 
 and the first parliament of the united provinces met on 
 November of the same year ' — the act requiring it to as- 
 semble riot later than six months after the union /j 
 
 The confederation, as inaugurated in 18Q1, consisted 
 only of the four provinces of Ontario, Quebec, Nova Scotia 
 and New Brunswick.'' By the 146th section of the Act of 
 Union, provision was made for the admission of other colo- 
 nies on addresses from the parliament of Canada, and from 
 the respective legislatures of Newfoundland, Prince Ed- 
 
 ' The Westminster Palace Conference was held in London, in Decem- 
 ber, 1866, and the result was the Union Act of 1867. 
 
 ^ Imp. Act 30 and 31 "Vict, c. 3. "An Act for the Union of Canada, 
 Nova Scotia and New Brunswick, and the government thereof, and for 
 purposes connected therewith.'' Lord Carnarvon, then secretary of state 
 for the colonies, had charge of the measure in the Lords. Mr. Adderley , 
 under-secretary in the Commons. 185 E. Hans 3 (Lords), 557, 804, 1011 ; 
 (Commons) 1164, 1310, 1701. 
 
 * Her Majesty's proclamation, giving effect to the Union Act, was is- 
 sued on the 22nd May, 1867, declaring that on and after the 1st July, 
 1867, the provinces of Canada.Nova Scotia and New Brunswick shallform 
 and be one Dominion, under the name of Canada. The proclamation 
 also contained names of first senators. Jour. House of Commons of Can- 
 ada, v-vi. B. N. A. Act, 1867, ss. 3 and 25. Lord Monck was the first 
 governor-general of the Dominion. Com. Jour. (1867-8), vii. Parliament 
 met on the 7th November, and Hon. J. Cockburn was elected first speaker 
 of the Commons. Hon. J. Cauchon was first speaker of the Senate. 
 
 * Sec. 19. 
 »Ss.5-7. 
 
46 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 ward Island, and British Columbia. Eupert's Land and 
 the Northwest Territory might also at any time be admit- 
 ted into the union on the address of the Canadian Parlia- 
 ment. The acquisition of the Northwest Territory had 
 been for years the desire oi the people of Canada, and was 
 the subject of consultation with the imperial government 
 in 1865, when Canadian delegates went to England.' 
 During the first session of the parliament of Canada, an 
 address was adopted praying her Majesty to unite Rupert's 
 Land and the Northwest Territory to the dominion.^ 
 This address received a favourable response, but it was 
 found necessary in the first place to obtain from the Im- 
 perial Parliament authority to transfer to Canada the ter- 
 ritory in question. An act was passed in the month of 
 July, 1868,'' and in accordance with its provisions, nego- 
 tiations took place between Canadian delegates and the 
 Hudson's Bay Company for the surrender of the North- 
 west to the Dominion. An agreement was finally arrived 
 at for the payment of ^6300,000 sterling on condition of 
 the surrender of Rupert's Land to the dominion — certain 
 lands and privileges at the same time being reserved to 
 the company. The terms were approved by the Cana- 
 dian Parliament in the session of 1869,* and an act at once 
 passed for the temporary government of Rupert's Land 
 and the Northwest Territories when united with Canada.'* 
 
 ' Leg. AssBmbly ,T., 1865, 2nd sess., 12-13. For papers on the subject of 
 the acquisition of the territory, see Can. Sess. P., 1867-8, No. 19, and p. 
 367 of Journals. 
 
 2 Can. Com. J. (1867-8), 67- 
 
 ■' Imp. Stat., 31 and 32 Vict., c 105 (Can. Stat, for 1869), entitled "An 
 act for enabling her Majesty to accept the surrender upon terms of the 
 lands, privileges and rights of the governor and company of adventurers 
 of England trading into Hudson's Bay, and for admitting the same into 
 the dominion of Canada.'' 
 
 * Can. Com. J., (1869), 149-56, in which the negotiations for the transfer 
 are set forth in the address to her Majesty, accepting the terms of agree- 
 m-ent for the surrender of the territory. 
 
 5 Can. Stat. 32 and 33 Vict., c. 3. 
 
FEDERAL UNION OF THE PROVINCES. 4*7 
 
 The act of 1869 provided for j.h.e appointment of a lieu- 
 tenant-governor and council, to make provision for the 
 administration of justice, and establish such laws and or- 
 dinances as might be necessary for peace and good govern- 
 ment in the Northwest Territories. In the autumn of 
 1869 an order in council was passed appointing the first 
 lieutenant-governor of the territories, but the outbreak of 
 an insurrection among the French half-breeds prevented 
 the former ever exercising his executive functions.^ It was 
 not until the appearance of an armed force in the country 
 in the fall of 1870 that the remnant of the insurgents fled 
 from the territory ; but, during the twelve months that 
 preceded, means had been taken by the Canadian autho- 
 rities to arrange terms on which the people of the Eed 
 River might enter confederation, 'in the session of 1810, 
 the Canadian parliament passed an act ^ to establish and 
 provide for the government of Manitoba — a new province 
 formed out of the Northwest Territory, to which was 
 given representation in the Senate and Houise of Com- 
 mons. Provision was also made for a local or provincial 
 government on the same basis as existed in the older 
 provinces. On the 30th of June, 1870, by an imperial 
 order-in-council,^ it was declared that after the 15th of 
 July, 1870, the Northwest Territory and Eupert's Land 
 should form part of the dominion of Canada. The legis- 
 lature of Manitoba was elected in the early part of 1871, 
 and the provincial government regularly and peacefully 
 established.^ The members for the House of Commons 
 took their seats in the session of the same year,*^ — the new 
 
 1 Hon. W. McDougall. 
 
 ^ 33 "Vict, c. 3. The limits of the province were enlarged in 1881 ; Can. 
 Stat. 44 Vict, c. 14. See Rev. Stat of Can., c. 47. Also Man. Stat., 44 
 Vict, C.C. 1, 12, 13, 14. Also, Imp. Stat 34-35 Vict. c. 28. 
 
 ^ In accordance with s. 146, B. N. A. Act, 1867 ; Canada Stat 1872, p. 
 Ixiii. 
 
 * Annual Eegister, 1878, pp. 18-19. 
 
 * Can. Com. J. (1871 ), 154, 221, 226. Only, three members were returned ; a 
 
48 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 senators in the session of 1872/ "When we come to con- 
 sider the provincial constitutions we shall refer to the 
 local government of Manitoba as well as to the provisions 
 made in several statutory enactments for the administra- 
 tion of affairs in the Northwest. 
 
 In accordance with addresses from the Canadian par- 
 liament, and the legislative council of British Columbia, 
 that colony was formally admitted into the confederation 
 by imperial order-in-council declaring that from and after 
 the 20th of July, 1871, the colony should form part of the 
 dominion. The terms of union provided for representa- 
 tion in the Senate and House of Commons, and responsi- 
 ble government in the province, as well as for the con- 
 struction of a transcontinental railway,^ The members 
 for the province took their seats in the Senate and House 
 of Commons during the session of 1872.' 
 
 The province of P. E. Island had been represented in 
 the Quebec conference of 1864, but, owing to the opposi- 
 tion that existed to the union for some years, it was not 
 until the first session of 1873 that both the parliament of 
 Canada and the legislature of the island passed addresses 
 for the admission of the province into the confederation 
 on certain conditions which included representation in 
 the Senate and House of Commons, and the continuance 
 of the local government on the same basis as in the other 
 provinces.^ A bill was also passed during the same ses- 
 sion, — in anticipation of her Majesty's government taking 
 the necessary steps to admit the island — providing that 
 
 new election in one constituency being requisite on account of a tie. 
 Jour. 152. 
 
 1 Sen. J. (1872), 18. 
 
 ■' Can. Com. J. (1871), 193-99 ; Pari. Deb., 1871. Can. Stat, for 1872, 
 Ixxxiv. Also, as to preparatory steps, Can. Sess. Pap., No. 59, 1867-8, pp. 
 3-7. 
 
 " Sen. J. (1872) 18 ; Com. J. (1872) 4. The elections for the Commons 
 were held in accordance with 34 Vict., c. 20. 
 
 • Can. Com. J. (1873) 401-403. 
 
FEDERAL UNION OF THE PROVINCES. 49 
 
 certain acts should come into force in the province as 
 soon as it was united to Canada.^ By an imperial order- 
 in-council, it was declared that from and after the first of 
 July, 18*73, the colony should form part of the dominion.^ 
 The members for the two houses took their seats for the 
 first time during the second session of 18*73.' 
 
 Newfoundland was also represented at the Quebec con- 
 vention of 1864, but the general elections of 1865 resulted 
 adversely to the union/ Subsequently the House of Com- 
 mons, in the session of 1869, went into committee on 
 certain resolutions providing for the admission of New- 
 foundland, and an address was passed in accordance 
 therewith. The union was to take effect on such day as 
 " her Majesty by order in council, on an address to that 
 effect, in terms of the 146th section of the British North 
 America Act, 186*7, may direct ; " ^ but the legislature of 
 Newfoundland has so far refused to sanction the neces- 
 sary address. 
 
 In response to an address of the parliament of Canada, 
 in the session of 18*78, an imperial order-in-council was 
 passed on the 31st of July, 1880, declaring that "from 
 and after the 1st of September, 1880, all British territories 
 and possessions in North America, not already included 
 within the dominion of Canada, and all islands adjacent 
 to any of such territories or possessions shall (with the 
 exception of the colony of Newfoundland and its depend- 
 encies) become and be annexed to and form part of the 
 said dominion of Canada ; and become and be subject to 
 the laws, for the time being in force in the said dominion, 
 in so far as such laws may be applicable thereto." This 
 order-in-council was considered necessary to remove 
 
 ' 36 Vict., c. 40. 
 ' Can. Stat, for 1873, p. ix. 
 3 Sen. J. 1873, 2iid session, 9. Com. J., lb. 2-4. 
 < Turcotte ii., 562. 
 5 Can. Com. J. (1869), 221. 
 4 
 
50 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 doubts that existed regarding the northerly and north- 
 easterly boundaries of the Northwest Territories and 
 Eupert's Land, transferred to Canada by order of council 
 of the 23rd of June, 1870, and to place beyond question 
 the right of Canada to all of British North America, with 
 the exception of Newfoundland.' 
 
 VII. Constitution of the General Government and Parliament.— 
 The Dominion^ of Canada has, therefore, been extended 
 since ISGY over all the British possessions between the 
 Atlantic and Pacific oceans to the north of the United 
 States — the territory under the jurisdiction of the New- 
 foundland government alone excepted. The seven pro- 
 vinces embraced within this vast area of territory are 
 united in a federal union, the terms of which have been 
 arranged on " principles just to the several provinces." 
 
 In order " to protect the diversified interests of the 
 several provinces, and secure efficiency, harmony, and 
 permanency in the working of the union," the system of 
 government as set forth in the act of 1867, combines in 
 the first place a general government, " charged with mat- 
 ters of common interest to the whole country," and local 
 governments for each of the provinces, " charged with 
 the control of local matters in their respective sections." 
 With a view to the perpetuation of our connection with 
 the mother country, and the promotion of the best interests 
 
 1 Can. Com. J. (1878), 256-7 ; Can. Stat. 1881, p. ix, Order-in-Council. 
 Can. Hans. (1878), 2386. (Mr. Mills.) 
 
 2 The title of Dominion (s. 3, of B.N.A. Act of 1867), did not appear in 
 the Quebec resolutions. The 71 st res. is to the effect that " her Majesty 
 be solicited to determine the rank and name of the federated provinces." 
 See remarks of Sir J. A. Macdonald, Confed. Deb., 43. The name was 
 arranged at the conference held in London in 1866, when the union bill 
 was finally drafted. This was not the first time the title was applied to 
 Canada; we find in the address of the old colonies assembled at Phila- 
 delphia, 1774, strong objection taken to the act of 1774, by which " the 
 dominion of Canada is to be so extended, modelled and governed." 
 Christie i., 9. The old commonwealth of Virginia was known as " the 
 Old Dominion." 
 
CONSTITUTION OF THE GENERAL GOVERNMENT. 51 
 
 of the people of these provinces," the constitution of the 
 general government has been so framed as " to follow 
 the model of the British constitution, so far as our cir- 
 cumstances will permit." Accordingly, " the executive 
 authority or government " is vested in express terms in 
 the " Sovereign of the United Kingdom of G-reat Britain 
 and Ireland," and is administered " according to the well 
 understood principles of the British constitution."^ 
 
 The sovereign is represented in the dominion by a 
 governor-general, appointed by letters-patent under the 
 great seal. His jurisdiction and powers are defined by 
 the terms of his commission, and by the royal instruc- 
 tions which accompany the same.^ He holds office during 
 the pleasure of the Crown, but he may exercise his func- 
 tions for at least six years from the time he has entered 
 on his duties.^ In all his communications with the im- 
 perial government, of which he is an officer, he addresses 
 the secretary of state for the colonies, the constitutional 
 avenue through w hich he must approach the sovereign.^ 
 His first duty, when he enters on his duties, is to take the 
 necessary oaths of allegiance and office before the chief 
 justice, or any other judge of the supreme court of 
 the dominion, and at the same time to cause his commis- 
 sion to be formally read.'* 
 
 ' These quotatioijs are from the Quebec resolutions,Can. Leg. Ass. J. (1865), 
 203. The preamble of the B. N. A. Act, 1867, declares, " with a consti- 
 tution similar in principle to that of the United Kingdom."— Sec. 9. "The 
 executive government and authority is hereby declared to continue and 
 be vested in the Queen." 
 
 - See App. at end of this work for B. N. A. Act, 1867. 
 
 ■'' Colonial Eeg. sec. 7. Col. Office List, 1889, p. 322. Todd, 90. Lord 
 Lome held the position for only five years. Lord Duflerin was appointed 
 in the spring of 1872, and retired in the fall of 1878. 
 
 * Todd, 90 ; Col. Eeg., sec. 165. 
 
 ^Instructions to governor-general. Can. Sess. P. 1870, No. 14. The 
 Marquis of Lome was sworn in on the 25th of November, 1878, in the old 
 Province Building, Halifax, by acting Chief Justice Eitchie. Annual 
 Eegister for 1878, pp. 255-7. The oath of office is given in same account 
 of ceremonies on that occasion. 
 
52 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 In view of the larger measure of self-government con- 
 ceded to the dominion of Canada by the imperial legisla- 
 tion of 1861 — in itself but the natural sequence of the new 
 colonial policy inaugurated in 1840 — the letters-patent 
 and instructions, which accompanied the commission 
 given to the governor-general in 1818, have been modified 
 and altered in certain material features. The measure of 
 power now exercised by the government and parliament 
 of Canada is not merely " relatively greater than that now 
 enjoyed by other colonies of the empire, but absolutely 
 more than had been previously intrusted to Canada itself, 
 during the administration of any former governor-gen- 
 eral." ^ Without entering at length into this question, it 
 is sufficient for present purposes to notice that the 
 governor-general is authorized, among other things, to 
 exercise all powers lawfully belonging to the queen, with 
 respect to the summoning, proroguing or dissolving of 
 parliament f to administer the oaths of allegiance and 
 office;' to transmit to the imperial government copies of 
 all laws assented to by him or reserved for the signification 
 of the royal assent ;* to administer the prerogative of 
 pardon f to appoint all ministers of state, judges, and 
 other public officers, and to remove or suspend them for 
 sufficient cause.'' He may also appoint a deputy or 
 deputies to exercise certain of his powers and functions.^ 
 
 '■ The modifications in these official instruments were the result of the 
 mission of Mr. Blake, whilst minister of justice, to England in 1876. For 
 full information on this subject, see Todd 76, et seq., and Can. Sess., P. 
 (1877), No. 13 ; also chapter xviii. on bills, s. 25. For royal commission, 
 letters-patent, and instructions to the Marquis of Lome, Sess- P. (1879), 
 No. 14 ; to Lord Monck, Sess. P. (1867-8), No. 22 ; also to Lord Dufferin, 
 Can. Com. J. (1873),85. 
 
 ' Letters-patent, 1878, s. 5. 
 
 " Instructions, 1878, s. 2. 
 
 * lb. s. 4. 
 
 5/6. s. 5. See Todd, 270. 
 
 " Letters-patent, s.a. 3, 4. 
 
 ' lb. a. 6 ; also B. N. Act, 1867, s. 14. See chapter ill., s. 2, for appoint- 
 ment of deputy-governors since 1840. 
 
CONSTITUTION OF THE GENERAL GOVERNMENT. 53 
 
 He may not leave the dominion upon any pretence what- 
 soever without having first obtained permission to do so 
 through one of the principal secretaries of state.^ In case 
 of the death, incapacity, removaP or absence from Canada 
 of the governor-general, his powers are vested in a lieu- 
 tenant-governor or administrator appointed by the queen, 
 under the royal sign-manual ; or, if no such appointment 
 has been made, in the senior officer in command of the 
 imperial troops in the dominion. The administrator must 
 also be formally sworn, as in the case of the governor- 
 general.^ 
 
 The senior executive councillor frequently adminis- 
 tered the government in the absence of the governor- 
 general before the union of 1840." But whenever the 
 lieutenant-governor was in the country, during the 
 period in question, it was his duty to administer the 
 government." Since 1840, in the old province of Canada, 
 and in the dominion, the government has been adminis- 
 tered in the absence of the governor-general by the senior 
 officer in command of the imperial troops in accordance 
 with the letters-patent issued by the Crown.*^ 
 
 ' Instructions, s. 6. 
 
 ''It is always competent for the imperial government to remove the 
 governors of colonies, who are appointed during pleasure. See memorable 
 case of Governor Darling of Victoria. Eng. Com. P. 1866. vol. 1., 701 ; 
 Todd, 105, 106. 
 
 ^ Letters-patent, s. 7. Canada Gazette. Dec. 30, 1882. 
 
 *ln 1805, when Sir E. Shore Milnes, lieutenant-governor, went to Eng- 
 land, Mr. Dunn assumed the government as "President and Commander- 
 in-Chief ;" he was one of the judges, and an executive councillor. Chris- 
 tie i., 259. On the death of the Duke of Richmond, in 1819, the govern- 
 ment devolved on Mr. Monk, as senior executive councillor. Christie 
 ii., 322. 
 
 ^ General Prescott on departure of Lord Dorchester in 1796, Christie i., 
 173 ; Sir R. Shore Milnes in 1799, Ih. 203 ; Sir F. Burton in 1824, lb., iii., 
 55. No such official now exists in the dominion, the functions of the pre- 
 sent lieutenant-governors being confined to the provinces to which they 
 are appointed- 
 
 " In 1841, Sir E. D. Jackson ; 1845, Lord Cathcart ; 1853, Lieut.-Gen. 
 Rowan ; 1857, Sir W. Eyre ; 1860, Lieut.-Gen. Williams ; 1865, Lieut.-Gen. 
 
54 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 The constitution provides for the appointment of a 
 council to aid and advise the representative of the sov- 
 ereign in the government of Canada. This body is styled 
 the Queen's Privy Council, and its members are chosen 
 and may be removed at any time by the governor-gene- 
 ral.^ In accordance vv^ith the principles of the British 
 constitutional system, this council represents the views 
 of the majority of the people's representatives in parlia- 
 ment, and can only hold office as long as its members 
 retain the confidence of the House of Commons. The 
 name chosen for this important body has been borrowed 
 from that ancient institution of England, which so long 
 discharged the functions of advising the supreme execu- 
 tive of the kingdom in the government of the country.^ 
 Since the revolution of 1688, the privy council of Eng- 
 land has had no longer the direction of public affairs, 
 though it has still an existence as an honorary body, 
 limited in numbers, only liable to be convened on special 
 occasions, and only in theory an assembly of state ad- 
 visers.^ The system which has grown up in England 
 since 1688, and which has obtained its most perfect re- 
 alization during the past half century, now entrusts the 
 practical discharge of the functions of government to a 
 cabinet council, which is technically a committee of the 
 privy council.* This cabinet is the ruling part of the 
 ministry or administration. The term " ministry " pro- 
 perly includes all the ministers, but of these only a select 
 number — usually about twelve, but liable to variation 
 from time to time even in the same administration — con- 
 
 Michel; 1874, Major-Gen. O'Grady Haly; 1S7S, 1881-2, and 1882-3, Sir P. 
 L. McDougall. See Canada Gazette, Dec. 30, 1882. 
 
 1 B. N. A. Act, 1867, s. 11. 
 
 ■' Blackstone's Com. i., 229-234. 
 
 ^ Todd, Pari. Gov. in England, ii., 79. 
 
 * Todd ii., 179. The cabinet council or ministry who hold the princi- 
 pal offices of state, are first sworn ia as privy councillors. May ii., 79. 
 Macaulay, c 20. 
 
CONSTITUTION OF THE GENERAL OOVERNMENT. 55 
 
 stitute the inner council of the Crown and incur the 
 higher responsibilities whilst they exercise the higher 
 powers of government. The rest of the ministry, although 
 closely connected with their brethren in the cabinet, oc- 
 cupy a secondary and subordinate position.' In Canada, 
 however, there is as yet no such distinction ; for the term 
 " ministry " or " cabinet" has been indifferently applied 
 to those members of the privy council who might be 
 summoned by the governor-general to aid and advise 
 him in the government of the dominion. But in the 
 session of 188*7 an act was passed with the view of in- 
 itiating the English system of having political heads of 
 departments, who will commence their official career by 
 holding certain offices which will not necessarily give 
 them a position in the cabinet.^ The principles that pre- 
 vail in the formation of a cabinet in England obtain in 
 the case of an administration in Canada. Its members 
 must have places in either house of parliament, but the 
 majority should, and necessarily do, sit in the com- 
 mons. 
 
 In the old province of Canada, the cabinet was always 
 known officially as the executive council.' In 1865, this 
 body comprised in all twelve members, six from each 
 province ; two attorneys-general, two solicitors-general, 
 a receiver-general (also minister of militia), minister of 
 finance, commissioner of crown lands, minister of agri- 
 
 ^ Taswell-Langmead, Cons. Hist., 707. And not only is the existence 
 of the cabinet council unlinown to the law, but the very names of tlie in- 
 dividuals who may comprise the same at any given period are never ofB- 
 cially communicated to the public. The London Gazette announces that 
 the queen has been pleased to appoint certain privy councillors to fill 
 certain high otBces of state, but the fact of their having been called to 
 seats in the cabinet council is not formally promulgated. Todd ii., 181. 
 
 ^ Remarks of Sir J. A. Macdonald on the department of trade and 
 commerce, Com.. Hans. [1887], 862, 863. See infra, 59. TJp to the present 
 time (April 1891), no steps have been taken to give effect to the law on 
 the statute book. 
 
 ^ Can. Cons. Stat., 168, 169. 
 
56 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 culture and statistics, commissioner of public works, 
 president of council, provincial secretary, and post-mas- 
 ter-general.^ In all the provinces of the dominion, the 
 official body advising the lieutenant-governor is still au- 
 thoritatively recognized as the executive council.^ 
 
 In 186*7, a new ministry of thirteen members was 
 formed under the legal title of the privy council of Can- 
 ada, in which it was found expedient to consider the 
 claims of the several provinces of the dominion to repre- 
 sentation in the first cabinet. Accordingly, Ontario had 
 five representatives in the privy council ; Quebec, four, 
 one of them a representative of the English section of the 
 population ; Nova Scotia, two ; New Brunswick two. 
 The departments were reorganized, and new ones estab- 
 lished, to meet the changed conditions of things. The 
 priAry council was composed of the following ministers : ^ 
 minister of justice and attorney-general,* minister of mili- 
 tia,'' minister of customs,^ minister of finance,'' minister of 
 public works,^ minister of inland revenue," minister of 
 marine and fisheries,'" postmaster-general," minister of 
 
 ^ Confed. Debates, 1865, p- vii. Sir E. P. Tach6 was the premier of the 
 Tach^-Macdonald ministry, and held two offices, receiver-general and 
 minister of militia. 
 
 ^ B. N. A. Act, 1867, s.s. 63, 64 ; 45 Vict., c. 2, Quebec Stat. ; c. 13, Ont. 
 Rev. Stat. ; Man. Cons. Stat, c. 6 ; 33 Vict, o. 3, s.' 7, Can. Stat. ; British 
 Colum. Cons. Stat., c. 4, s.s. 2, 3 ; P. E. Island, Dom. Stat., 1873, p. xii. 
 
 ■* Annual Eegister, 1878, pp. 9-10 ; Canada Gazette. Their salaries and 
 designation are given in 31 Vict, c. 33, schedule. Salaries of ministers 
 were subsequently increased by 31 Vict., c. 31, s. 2. 
 
 * Functions of department set forth in 31 Vict., c- 39. 
 
 5 31 Vict., c. 40. « 31 Vict, c. 43. 
 
 ' 31 Vict., c. 5 ; 32-33 Vict., c. 4, and other acts relating to expenditures 
 and revenues. 
 
 « 31 Vict, c. 12. See infra, 58. 
 
 " 31 Vict, c. 49. 
 
 ^» 31 Vict., c. 57. In 1877, the management of certain piers, harbours 
 and breakwaters, was transferred from the department of pubhc works 
 to that of marine and fisheries. 40 Vict, c. 17. 
 
 " 31 Vict, c. 10 ; 38 Vict, c. 7. 
 
CONSTITUTION OF THE GENERAL GOVERNMENT. 57 
 
 agriculture, ^ secretary of state of Canada, - receiver-gen- 
 eral, ^ secretary of state for the provinces, president of the 
 privy council. * In ISTS, on a change of government, the 
 number of ministers was increased to fourteen, two of 
 them without portfolios,^ but by subsequent rearrange- 
 ment the number was reduced to thirteen as before, and 
 P. E. Island, now a part of the confederation, was repre- 
 sented by one member in the cabinet." On two occasions 
 since 18*78, the speaker of the Senate received a seat in 
 the council, though without portfolio,'' and the number of 
 members of government was consequently increased again 
 to fourteen. Since 1867, several changes have taken place 
 in the organization of the departments. In 1873, the office 
 of secretary of state for the provinces was abolished, and 
 a department of the interior organized, with the control 
 and management of Indian affairs, dominion lands, geolo- 
 gical survey, and some other matters previously entrusted 
 to the secretary of state for Canada. The geological sur- 
 vey of Canada forms a branch, and is under the charge of 
 a director who must necessarily be a man of high scien- 
 tific attainments.^ The minister of the interior or the head 
 of any other department appointed for this purpose by 
 the governor in council, shall be the superintendent-gen- 
 
 1 31 Vict., c. 53. 
 
 2 31 Vict, c. 42. 
 
 ^ Tiie department of receiver-general was not provided for by special 
 act, but his duties are defined and referred to in various acts. See 31 
 Vict., c. 5, etc. 
 
 ■* Neither of those offices was provided for by special act. 
 
 = Hon. E. Blake and Hon. K. W. Scott, Annual Register, 1878, p. 30. 
 
 '' lb. 30-31. P. E. Island has at present no representative in the cabi- 
 net ; nor have Manitoba and British Columbia. The number of min- 
 isters in the cabinet is now 14 (in April, 1891), of whom two are without 
 portfolios. 
 
 ' Hon. Mr. Wilmot, in 1878 ; Hon. Mr. (now Sir David) Macpherson, in 
 1880, on appointment of former to lieutenant-governorship of New Bruns- 
 wick. See Canada Gazette, Nov. 9, 1878 ; lb., Feb. 12, 1880. 
 
 » Rev. Stat, of Can., c.c. 22, 23. 
 
58 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 eral of Indian affairs.^ The department of secretary of 
 state for Canada remains in existence, but its functions 
 are confined to state correspondence, the preservation of 
 all state records, and papers not specially transferred to 
 other departments, the registration of all instruments 
 of summons, proclamations, commissions, letters-patent, 
 writs, and other documents issued under the great seal 
 and requiring to be registered.^ A department of public 
 printing and stationery was organized in 1886, and is 
 under the management for the time being of the secretary 
 of state.^ In 1879, the office of receiver general was abo- 
 lished, and the duties assigned to the finance minister.'' 
 At the same time the department of public works was 
 divided into two separate departments, presided over by 
 two ministers — one designated minister of railways and 
 canals ; the other, minister of public works. These 
 changes were rendered necessary in the department of 
 the interior and that of public works ; in the first place, 
 by the transfer of the great Northwest Territory to the 
 dominion, with its immense area of land and numerous 
 tribes of Indians ; and in the second place, by the very 
 large additional amount of responsibility thrown on the 
 other department by the construction of the Canada Pacific 
 Railway, which had been at that time undertaken by the 
 government. In 1884, the department of marine and 
 
 ' Rev. Stat, of Can., o. 43. The premier, Sir. J. A. Macdonald, while 
 president of tlie council, held the ofHce for some years. Pari. Companion 
 for 1885. 
 
 " 31 Vict, c. 42 ; Rev. Stat, of Can., c. 26. 
 
 ■' 49 Vict, c. 2-i ; Rev. Stat of Can., c. 27. 
 
 * 42 Vict, c. 7 ; Rev. Stat of Can., c. 28. Can. Hans. (1879), 1241. lu 
 the session of 1878, when the Mackenzie administration was at the head 
 of affairs, a bill passed the Commons to abolish the receiver-general- 
 ship, and to subdivide the department of justice, so that there would be 
 an attorney-general with a seat in the cabinet, presiding conjointly with 
 the minister of justice over the dominion law department Can. Hans. 
 (1878), 1204, 1584, 1811. It was, however, postponed in the Senate. Sen. 
 IJeb. (1878), 681-695. 
 
CONSTITUTION OP PARLIAMENT. 59 
 
 fisheries was divided into a department of marine, and a 
 department of fisheries, presided over by one minister 
 and two deputies.^ 
 
 In the session of 188Y a new scheme of organization 
 was provided for several departments. In the first place, 
 " there shall be a department of trade and commerce, pre- 
 sided over by a minister." Then the departments of cus- 
 toms and inland revenue respectively are to be placed 
 under the control and supervision of the minister in ques- 
 tion or of the minister of finance, as the gOA''ernor-in- 
 council from time to time directs.^ The governor-in- 
 council may appoint also a controller of customs and a 
 controller of inland revenue, each of whom shall, under 
 the general instructions of the minister first mentioned, 
 be the parliamentary head of these departments.' It is 
 also provided that the governor-in-council may appoint 
 an ofiicer who shall be called the solicitor-general of Can- 
 ada, and who shall assist the minister of justice in the 
 counsel work of the department of justice. He may hold 
 a seat in either house of parliament, provided he is elected 
 while he holds such office and is not otherwise disqua- 
 lified.* 
 
 VIII. Constitutionof Parliament.— The constitvition of ISGT 
 provides that there shall be "one Parliament for Canada, 
 consisting of the Queen, an Upper House styled the Senate, 
 and the House of Commons."' "We have already seen 
 that the sovereign is represented by a governor-general 
 who, in person or by deputy, opens and prorogues parlia- 
 ment." He also assents to all bills in her Majesty's name,^ 
 
 1 47 Vict., c. 19; Rev. Stat, of Can., c. 25. 
 
 2 50-51 Vict., c. 10. ^ 50-51 Vict., c. 11. 
 
 * lb., c. 14, Tliese several statutes have not been enforced up to the 
 time of the appearance of this work. 
 5 B.N.A. Act, 1867, s. 17. 
 "See chap, vi., s. 2. 
 ' Chapter xviii on public bills, s. 25. 
 
60 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 and may at any time dissolve parliament/ a prerogative 
 of the Crown to be exercised with caution under the ad- 
 vice of the privy council. In the times before the con- 
 cession of responsible government, when contests between 
 the executive and the assemblies were chronic, the gov- 
 ernors dulled the edge of this important instrument by 
 its too frequent use." Under the present system of con- 
 stitutional government, such a condition of things 
 cannot possibly occur. The responsibility of deciding 
 whether in any particular case a dissolution should be 
 granted, must, under our constitution, "rest absolutely 
 with the representative of the sovereign." ^ In coming 
 to a conclusion, he is guided by considerations of public 
 interests, which will enable him. always to judge of the 
 value of the advice given him by his constitutional ad- 
 visers.* Occasions, however, can very rarely arise when 
 he should feel himself bound, for powerful public or con- 
 stitutional reasons, to refuse the advice of his council ; 
 but there can be no doubt that it is the right and duty of 
 the Crown, under any circumstances, to control the exer- 
 
 ' Governor-General's letters-patent, 1878, s. 5 ; B. N. A. Act, 1867, s. 
 50. 
 
 ' From 1808 to 1810, the Quebec assembly was dissolved no less than 
 three times by Sir James Craig. See his remarkable speech on one occa- 
 sion, in which he soundly rated the assembly before dissolving it. Chris- 
 tie i., 283. 
 
 ' Sir T. E. May, New South Wales Leg. Ass. V. and P., 1877-78, vol.i., 
 451 ; Todd, Pari. Gov. in the Colonies, 561. 
 
 '' " The responsibility, which is a grave one, of deciding whether in any 
 particular case it is right and expedient, having regard to the claims of 
 the respective parties in parliament, and to the general interests of the 
 colony, that a dissolution should be granted, must, under the constitu- 
 tion, rest with the governor. In discharging this responsibility, he will, 
 of course, pay the greatest attention to any representations that may be 
 made to him by those who, at the time, are his constitutional advisers ; 
 but, if he should feel himself bound to take the responsibility of not fol- 
 lowing his minister's recommendation, there can, I apprehend, be no 
 doubt that both law and practice empower him to do so." Sir Michael 
 Hicks Beach, Sec. of S. for colonies ; New Zealand Pari. P., 1878 ; App. A. 
 2. p. 14 ; New Zealand Gazette, 1878, pp. 911-14. 
 
CONSTITUTION OF PARLIAMENT. 6 1 
 
 cise of one of the most valued prerogatives of the sover- 
 eign. The relations between the representative of the 
 Crov^n and his advisers are now so thoroughly under- 
 stood, that a constitutional diflBculty can hardly arise 
 which cannot be immediately solved. If the Crown 
 should be compelled at any time to resort to the extreme 
 exercise of its undoubted prerogative right of refusing the 
 advice of its constitutional advisory council of ministers, 
 they must either submit or immediately resign and give 
 place to others who will be prepared to accept the full 
 responsibility of the sovereign's action, which must be 
 based on the broadest ground of the public welfare.' 
 Elsewhere the provisions in the Act of Union respecting 
 the constitution of the Senate and of the House of Com- 
 mons are explained at considerable length, and it is onlv 
 necessary here to refer to some general features of the or- 
 ganization of those bodies.^ 
 
 In the constitution of the Senate some security has 
 been given to each of the provinces for the protection of 
 its peculiar local interests, "a protection which it was be- 
 lieved might not be found in a house where the represen- 
 tation was based upon numbers only." ^ Consequently, 
 the dominion was divided into three sections, represent- 
 ing distinct interests, — Ontario, Quebec and the maritime 
 provinces of Nova Scotia and New Brunswick — to each of 
 which was given an equal representation of twenty-four 
 members. Provision was also made for keeping the re- 
 presentation for the maritime provinces at the same num- 
 ber, after the entrance of Prince Edward Island.* An ex- 
 
 ^ See mem. of Lieut.-Governor Robitaille, Oct. 30, 1879, in a Quebec con- 
 stitutional crisis, in which he refused a dissolution to Mr. Joly, who 
 thereupon resigned. Todd, 565. See also lb. 573. Also Bourinot, Fed- 
 eral Government in Canada (Johns Hopkins University Studies, 7th 
 Series) 88. 
 
 ^ Chap. ii. 
 
 3 Sir A. Campbell, Confed. Deb., 21. 
 
 * See chap, ii., s. 1. 
 
62 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 ception however, was made in the case of Newfouudlan d, 
 "which has sectional claims and interests of its own, and 
 will therefore have a separate representation in the Sen- 
 ate." ' More than that, in order to prevent that body be- 
 ing swamped at any time for political reasons, the consti- 
 tution expressly limits the number that can sit therein.^ 
 Special regard has also been had to the peculiar situa- 
 tion of the province of Quebec, where the electoral 
 divisions that existed previous to 186*7 are maintained, 
 and a senator must consequently have his real property 
 qualification, or be resident in the district for which he 
 is appointed — a provision that was not considered neces- 
 sary for the other provinces. ^ 
 
 The House of Commons, as first organized under the Act 
 of Union, comprised one hundred and eighty-one mem- 
 bers, but the number has, since the census of 1881, been 
 increased to two hundred and fifteen, in accordance with 
 the principle of representation laid down in the constitu- 
 tion.'' In arranging the representation of the House of 
 Commons, the question arose in the Quebec conference as 
 to the best mode of preventing the difficulty in the future 
 of too large a number of members. It was to be expected 
 that in the course of a few decades the population would 
 largely expand, not only in the old provinces which first 
 composed the dominion, but in the new provinces which 
 would be formed sooner or later out of the vast Northwest. 
 Unless some definite principle was adopted to keep the 
 
 1 Sir J. A. Macdonald, Confed. Deb. 35. 
 
 ^ lb. 36 ; see chap, ii, s. 1. 
 
 ' Hon. G. Brown said in the debate on Confederation (90) : " Our 
 Lower Canada friends felt that they had French Canadian interests and 
 British interests to be protected, and they conceived that the existing 
 system of electoral divisions would give protection to those separate 
 interests." The principal object of this provision was to give a represen- 
 tation to the English-speaking population of Lower Canada, in the East- 
 ern Townships especially, which have now two representatives in the 
 Senate. 
 
 * Chap, ii., s. 3. 
 
CONSTIT UTION OF PA RLIA MENT. 6 3 
 
 representation within a certain limit the House of Com- 
 mons might eventually become a too cumbrous, unwieldy- 
 body. It was decided "to accept the representation of 
 Lower Canada as a fixed standard — as a pivot on which 
 the whole would turn — since that province was the best 
 suited for the purpose on account of the comparatively 
 permanent character of its population, and from its 
 having neither the largest nor the least number of in- 
 habitants." ^ Hence the danger of an inconvenient in- 
 crease, when the representation is reviewed after each 
 decennial census, has been practically reduced to a 
 minimum. 
 
 The question of the duration of parliament also obtained 
 much consideration when the Quebec resolutions were 
 under deliberation ; and it was finally decided to follow 
 the example of New Zealand and give the Canadian par- 
 liament a constitutional existence of five years "from the 
 day of the return of the writs for choosing the house," 
 subject, of course, to be sooner dissolved by the governor- 
 general, acting under the advice of the privy council.^ In 
 this connection it is interesting to note that in 1867, the 
 writs for the first dominion elections were issued on the 
 Tth of August and made returnable on the 24th of Sep- 
 tember, except those for Grasp6, and Chicoutimi and 
 Saguenay, which were returned on the 24th of October.* 
 The first parliament actually assembled in the month of 
 November, 1867, and was dissolved on the 8th of July, 
 1872, having completed its constitutional limit of five 
 years, less a few weeks, from the return of all the writs. 
 In 1872, the writs were made returnable on the 3rd of 
 September, except those for G-aspe, Chicoutimi and 
 Saguenay, Manitoba and British Columbia, which were 
 returned on the 12th of October,* but parliament did not 
 
 ' Sir J. A. Macdonald, Confed. Deb., 38. 
 
 ^ Sir J. A. Macdouald, Confed. Deb., 39 ; B.N.A. Act, 1867, S. 50. 
 
 '"^ Jour. (1867-8) vii-x. * Jour. (1873) vi-xi. 
 
64 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 actually assemble until the Sth. of March, 18*73. The 
 second parliament continued in existence only until the 
 2nd of January, 18^4, when it was dissolved, the writs 
 for the new House being generally made returnable on 
 the 21st of February, with the exception of those for the 
 districts and provinces just named, which had to be re- 
 turned on the 12th of March.^ The third parliament 
 assembled on the 26th of March and was dissolved on 
 the l7th of August, 1878, having sat in five sessions of an 
 average duration of nearly ten weeks, and its constitu- 
 tional existence having been about seven months less than 
 five years from the date of the return of all the writs in 
 1814. In 18*78 the writs generally were returnable on 
 the 21st of November, but parliament did not actually 
 assemble until the 13th of February, 18*79 ^ Only four 
 sessions were held of the fourth parliament, which was 
 dissolved in the month of May, 1882, having been less 
 than four years in existence since the dissolution of 18*78.* 
 The fifth parliament assembled on the 8th of February, 
 1883, and was dissolved on the 15th of January, 188*7, 
 after a constitutional existence of about four years and 
 five months from the date of the return of the writs in 
 1882.* The sixth parliament was called together on the 
 13th of April, 188*7, and was dissolved on the 4th of 
 February, 1891, after a constitutional existence of about 
 two months less than four years from return of writs in 
 188*7.^ The seventh parliament met on the 29th of April, 
 1891. The longest session since 1867 was held in 1885, 
 when it. reached 1*73 days, and the shortest in. the autumn 
 of 18*73 — the second session that year — when there oc- 
 
 ^ Jour. (1874) Proclamations v-ix. A separate proclamation had to be 
 issued for Algoma, -writ also returnable on the 12th of March. 
 ■' Ibid. (1879) vii-x. 
 3 Jour. (1883) v-vi. 
 
 * lb. (1887), ix. 
 
 * See Canada Gazette, February, 1891. 
 
PROVINCIAL CONSTITUTIONS. 65 
 
 curred a ministerial crisis and parliament closed, after 
 sitting for only sixteen days.^ 
 
 The provisions respecting the election of speaker, quo- 
 rum, privileges, elections, money votes, royal assent and 
 reserved bills, oath of allegiance, use of the French lang- 
 uage, will be found in the British North America Act, 
 1867, given in the appendix to this work. Parliament 
 has full control of all dominion revenues' and duties, 
 which form one consolidated revenue fund, to be appro- 
 priated for the public service in the manner, and subject 
 to the charges provided in the Act of Union.^ The first 
 charge thereon is the cost incident to the collection and 
 management of the fund itself ; the second charge is the 
 annual interest on the public debts of the several pro- 
 vinces ; the third charge is the salary of the governor- 
 general, fixed at ten thousand pounds sterling. A bill 
 was passed in the first session, reducing this salary to six 
 thousand five hundred pounds, but it was reserved, and 
 subsequently disallowed on the ground " that a reduction 
 in the salary of the governor, would place the office, so 
 far as salary is a standard of recognition, in the third class 
 among colonial governments." ^ 
 
 IX. Constitution of the Provincial Governments and Legislatures.— 
 Under the act of 186Y, the dominion government assumed 
 that control over the respective provinces which was 
 previously exercised by the imperial government.* In each 
 
 ^ See Appendix L, at end of this work, where is given a tabular 
 statement of length of each session, time of opening and prorogation, date 
 of dissolution, and duration of each parliament since confederation. See 
 also "The Statistical Year Book of Canada," (1889), which gives simi- 
 lar statistics of the legislatures of the provinces since confederation, 
 50-65. 
 
 ^ Ss. 102-126. See Eev. Stat, of Can., c. 29, respecting the consolidated 
 revenue fund, collection and management of the revenue and auditing 
 of public accounts. 
 
 3 Dom. Sess. P., 1869, No. 73. 
 
 * " The general government assumes towards the local governments 
 5 
 
66 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 province there is a lieutenant-goYernor, appointed by the 
 governor-general in council, and holding office for five 
 years, but subject to removal at any time by the gover- 
 nor-general for " cause assigned," vphich must be " com- 
 municated to him in writing within one month after the 
 order of his removal is made, and shall be communicated 
 by message to the Senate and to the House of Commons 
 within one week thereafter, if the parlianaent is then sit- 
 ting, and if not, then within one week after the com- 
 mencement of the next session of parliament." ^ Every 
 lieutenant-governor, on his appointment, takes the same 
 oaths of allegiance and office as are taken by the gover- 
 nor-general.^ In all the provinces he has the assistance 
 of an executive council to aid and advise him in admin- 
 istering public affairs, and who, like the privy council of 
 
 precisely the same position that the imperial government holds now with 
 respect to each of the colonies." Sir J. A. Maodonald, Conf. Deb., 1865, 
 p. iZ. Also Todd, Pari. Govt, in the Colonies, 415. 
 
 ^ tB. N. A. Act, 1867, ss. 58-69- In the memorable case of ]\Ir. Letellier 
 de St. Just, removed from the lieutenant-governorship of Quebec ia 1879, 
 it has been decided that the governor-general acts on the advice of his 
 cabinet in considering the very delicate question of the removal of so 
 important an officer. The colonial secretary, in a despatch of 5th July, 
 1879, lays it down distinctly. " But it must be remembered that other 
 powers, vested in a similar way by the statute in the governor-general, 
 were clearly intended to be, and are in practice exercised by and with 
 the advice of his ministers, and though the position of a governor-general 
 would entitle his views on such a subject as that now under consideration 
 to peculiar weight, yet her Majesty's government do not find anything in 
 the circumstances which would justify him in departing in this instance 
 from the general rule, and declining to follow the decided and sustained 
 opinion of his ministers, who are responsible for the peace and good gov- 
 ernment of the whole dominion to the parliament to which the cause 
 must be communicated." Can. Sess. P., 1880, No. 18, p. 8. For full par- 
 ticulars of this much vexed question see Sen. and Com. Hans., 1878 and 
 1879 ; Can. Sess. P., 1878, No. 68 ; lb., 1879, No. 19 ; lb., 18S0, No. 18. Also, 
 Bourinot, Federal Government in Canada, 80 note. For communication 
 to parliament in accordance with law. Can. (jom. Jour. (1880) 24 ; Sen. J. 
 (1880), 22-23. 
 
 ' Sec. 61, B. N. A. Act, 1867. See form of oaths in Can. Sess. P., 1884, 
 No. 77. 
 
PROVINCIAL CONSTITUTIONS. 6*1 
 
 Canada, are responsible to the people through their re- 
 presentatives in the legislature. In case of the absence, 
 illness, or other inability of the lieutenant-goTernor, the 
 governor-general in council may appoint an administra- 
 tor to execute his office and functions.^ 
 
 In the exercise of his functions, the lieutenant-governor 
 of a province " should, of course, maintain that imparti- 
 ality towards political parties, which is essential to the 
 proper performance of the duties of his office, and for any 
 action he may take he is, under the fifty-ninth section of 
 the act, directly responsible to the governor-general.^ The 
 only safe principle that he can adopt for his general guid- 
 ance is that pointed out to him by the experience of the 
 working of parliamentary institutions ; to give his con- 
 fidence to his constitutional advisers w^hile they enjoy the 
 support of the majority of the legislature. 
 
 A question has been raised, how far a lieutenant-gov- 
 ernor can now be considered to represent the Orown.^ It 
 is beyond dispute, however, that he is fully authorized 
 to exercise all the powers lawfully belonging to the sov- 
 ereign in respect of assembling or proroguing, and of dis- 
 solving the legislative assemblies in the provinces,* A 
 high judicial authority has expressed the opinion that 
 " whilst it cannot for a moment be contended that the 
 lieutenant-governors under confederation represent the 
 Crown as the lieutenant-governors did before confedera- 
 tion, yet it must be conceded that these high officials 
 since confederation, do represent the Crown, though 
 doubtless in a modified manner. They represent the 
 
 ' B. N. A. Act, ss. 63, 65, 66, 67. 
 
 " Despatch of the colonial secretary, 1879 ; Can. Sess. 1880, No. 18, 
 p. 8. 
 
 ^ " They are officers of the dominion government^they are not her 
 Majesty's representatives." Taschereau, J., in Lenoir vs. Eitchie; Can. 
 Sup. Court E., vol. iii, p. 623. See also lb., vol. v, Mercer m Atty.-Gen. 
 of Ontario, 671- 
 
 * Todd, 392-93. 
 
68 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 queen as lieutenant-governors did before confederation, 
 in the performance of all executive or administrative acts 
 now left to be performed by lieutenant-governors in the 
 name of the queen." ^ 
 
 .The forty-first resolution of the Quebec conference de- 
 clared that " the local government and legislatiTre of each 
 province shall be constructed in such manner as the ex- 
 isting legislature of each such province shall provide." 
 Accordingly, in the last session of the old legislature of 
 Canada, an address was passed to the sovereign praying 
 her " to cause a measure to be submitted to the imperial 
 parliament to provide for the local government and legis- 
 lature of Lower and Upper Canada respectively." ^ In ac- 
 cordance with this address the constitutions of Quebec 
 and Ontario were formally incorporated in the British 
 North America Act of ISG'Z. The legislature of Ontario 
 consists of only the lieutenant-governor and one house, 
 named the legislative assembly, composed in the first in- 
 stance of eighty-two members, elected for the same elec- 
 toral districts which returned members to the House of 
 Commons.' After the census of 1871, there was a re- 
 arrangement of constituencies, and the number of repre- 
 sentatives was increased to eighty-eight in all.* In 1885 
 and 1889 ° the representation was enlarged to ninety-one 
 members, now elected under a very liberal franchise." 
 
 The legislature of Quebec consists of a lieutenant-gov- 
 ernor, a legislative council, and a legislative assembly. 
 
 ^ Ritchie, C. J., Mercer vs. Att.-Gen. of Ontario, Can. Sup. Court E., vol. 
 V, 637, 643. 
 
 ^ Leg. Ass. J. (1866), 362. 
 
 ' Leg. Ass. J. (1866) 363, resolution 12. B. N. A. Act, 1867, ss. 69, 70, 
 1st sch. 
 
 * See chap. 8, Eev. Stat, of 1877, (38 Vict., c. 2, s. 1), in which the elec- 
 toral divisions are set forth. 
 
 ° See Eev. Stat, of 1887, c. 7, s. 15 ; c. 11, s. 1. Also 52 Vict., c. 2, which 
 gives a representative to Nipissing. 
 
 " See Ont. Stat, 51 Vict., c. 4, which establishes manhood suffrage qual- 
 ified by residence. 
 
PROVINCIAL CONSTITUTIONS. 69 
 
 The legislative council comprises twenty-four members, 
 appointed for life by the lieutenant-governor in the 
 queen's name, and representing the same electoral dis- 
 tricts from which senators are chosen/ The qualifications 
 of the legislative councillors of Quebec are the same as 
 those of the senators from the province.^ The legislative 
 assembly w as composed of sixty-five members, elected unl il 
 1890 for the same electoral districts represented by the 
 members of the House of Commons for the province.^ It 
 is provided in the act that while it is always perfectly 
 competent for the legislature of Quebec to alter these dis- 
 tricts, it can only change the limits of certain constituen- 
 cies, especially mentioned, with the concurrence of the 
 majority of the members representing all those electoral 
 divisions/ In the session of 1890, the territorial limits 
 of certain counties and electoral districts were modified, 
 and the representation increased and distributed " in a 
 more equitable manner." Among other changes the city 
 of Montreal was divided into six electoral districts, repre- 
 sented by one member for each. The total number of re- 
 presentatives in the assembly of Quebec is now seventy- 
 two.^ The legislative assembly in each province is sum- 
 moned by the lieutenant-governor in the queen's name. 
 
 ^ Leg. Ass. J. (1866) 363 ; B. N. A. Act, 1867, s. 71, 72 and s. 22, subs. 3. 
 Cons. Stat, of Canada, c. 1, Sch. A. 
 ^ B. N. A. Act, ss. 23 and 73. 
 '' Ss. 40 and 80 ; Doutre, 85. Quebec Rev. Stat. (1888), arts. 60, 64, 90. 
 
 * These districts are Pontiac, Ottawa, Argenteuil, Huntingdon, Missis- 
 quoi, Brome, Shefford, Stanstead, Compton, Wolfe and Richmond, Megan- 
 tic, town of Sherbrooke. Second Sched. B. N. A. Act, 1867. In these dis- 
 tricts there is a large English-spealsing and Protestant population, and it 
 was considered expedient to insert this proviso securing its rights ; but 
 the provision was opposed in the legislature, in 1866, as unnecessary. 
 Turcotte, ii., 590. 
 
 * See Quebec Stat, 53 Vict., c. 2. Chicoutimi was divided into two 
 counties, " Chicoutimi and Saguenay" and " County of Lake St. John;" 
 Bimouski, into " Rimouski and Matane ; " Montreal into six divisions ; 
 Quebec East, into " Quebec East and St. Sauveur ; " Drummond and Ar- 
 thabasca, into two electoral districts. 
 
*70 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 It has a constitutional existence of four years in Ontario,^ 
 and of five years in Quebec,^ subject to being dissolved at 
 any time by the same authority that calls them together. 
 A session must be held once at least in every year, " so 
 that twelve months shall not intervene between the last 
 sitting of the legislature in each province in one session 
 and its first sitting in the next session." ' The provisions 
 in the act respecting election and duties of speaker, quo- 
 rum, and mode of voting, in the House of Commons, also 
 apply to the legislative assemblies of the provinces in 
 question.'' By an act passed in 1882, the speaker of the 
 legislative council of Quebec remains in office during the 
 legislature to which he has been nominated by the lieu- 
 tenant-governor, and may not be a member of the execu- 
 tive council of the province." 
 
 The act of 1867 provides that the constitution of the 
 executive authority as well as of the legislatures of the 
 
 ' The Ont. Stat., 42 Vict., (1879), c. 4, a. 3, provides that every legislature 
 of Ontario shall continue for four years from the 55th day after the date 
 of the writs for the election and no longer ; that in case a meeting of the 
 legislature is necessary before the election for Algoma has taken place, 
 the member elected for that district at the previous election shall repre- 
 sent the same until the new election therefor has been held and the re- 
 turn made in due form ; that in such case the duration of the new assem- 
 bly shall be for four years from the day for which the assembly shall be 
 summoned to meet for the discharge of business and no longer, subject 
 to being sooner dissolved by the lieutenant-governor. This provision 
 was made to meet a constitutional question that had arisen as to the exact 
 duration of the legislature — whether it could not last for four years from 
 the date of the return for Algoma, which is much later than for the rest 
 of the province. See Canadian Monthly, April, 1879, and Pari. Deb. of On- 
 tario, 1879, as to the curious controversy that arose on this constitutional 
 point. In 1885 this act was amended by dividing .^.Igoma into two elec- 
 toral districts and provision made to prevent any question arising in the 
 future. See Ont. Eev. Stat, of 1887, c. 11, s. 3. 
 
 ^ Extended from four to five years, in 1881, by the legislature of Que- 
 bec, in accordance with subs. 1, s. 92 of B. N. A. Act. ; 44-45 Vict., c. 7. 
 Quebec Rev. Stat. (1888), art. 110. 
 
 ' Sec. 86. * Sec. 87. 
 
 * Quebec Stat. 45 Vic, c. 3 ; Rev. Stat. (1888) arts. 80-86. 
 
PROVINCIAL CONSTITUTIONS. 11 
 
 provinces of Nova Scotia and New Brunswick shall con- 
 tinue as it existed at the time of the union until altered 
 under the authority of that act/ These two colonies had, 
 for very many years, enjoyed the advantages of repre- 
 sentative institutions as liberal in all respects as those of 
 the larger provinces in Canada. Under the French regime, 
 and for some time after their conquest by the English, 
 these provinces were comprised in the large, ill-defined 
 territory known as Acadia.^ From 1713 to 1758 the pro- 
 vincial government consisted of a governor or lieutenant- 
 governor and a council supposed to possess both legisla- 
 tive and executive powers. The constitution of Nova 
 Scotia has always been considered " as derived from the 
 terms of the royal commissions to the governors and lieu- 
 tenant-governors, and from the instructions accompany- 
 ing the same, moulded from time to time by despatches 
 from secretaries of state, conveying the will of the sover- 
 eign, and by acts of the local legislature, assented to by 
 the Crown : the whole to some extent interpreted by 
 uniform usage and custom in the colony." ^ A legislative 
 assembly met for the first time at Halifax'' on the second 
 
 ^ B. N. A. Act, ss. 64, 88. The power of amendment so conferred, has 
 not been exercised in JSIova Scotia — Gov. Archibald, Can, 1883, No. 70, 
 p. 11. 
 
 ^ Nova Scotia was formally ceded to England by the treaty of Utrecht, 
 11 April, 1713; but Cape Breton still remained a possession of France 
 until the conquest of Canada, and the subsequent treaty of Paris, which 
 gave to Great Britain all the French possessions in British North America 
 except the islands of St. Pierre, Miquelon and Langley on the coast of 
 Newfoundland, reserved for carrying on the fisheries. The island of Cape 
 Breton was under the government of Nova Scotia from 1766 to 1784, when 
 it was given a separate government, consisting of a lieutenant-governor 
 and council. This constitution remained ih force until the re-annexation 
 of the island to Nova Scotia in 1820. Can. Sess. P., 1883, No. 70, p. 10. 
 
 ^ Governor Archibald, in an interesting memorandum on the early con- 
 stitution of Nova Scotia, in answer to an address of ' parliament. Can. 
 Sess. P. 1883, No. 70, pp. 7-11. 
 
 * Annapolis (Port Royal under the French regime) was the seat of gov- 
 ernment until 1749, when Halifax was founded. jMurdoch's Hist., ii. 
 c. 11. 
 
12 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 of October, 1*758, and consisted of twenty -two members. 
 It is interesting to note in this connection that the assem- 
 bly promptly asserted the privileges of free speech, when 
 a member's remarks had been called into question, by 
 declaring that " what he had said was as a member of the 
 assembly, and that he was only accountable to them for 
 what he had said." ^ In the same session a person was 
 committed to the custody of one of the messengers of the 
 House for having assaulted a member on his way from the 
 assembly.^ 
 
 In 1838 the executive authority was separated from the 
 legislative council, which became a distinct legislative 
 branch only.^ In 1840, a practical recognition was given 
 for the first time to the principle of responsible govern- 
 ment, in the formation of the executive council, but in 
 reality the system was not fully adopted until 1848.* In 
 186Y, before the Act of Union came into force, the legis- 
 lature of Nova Scotia passed an act limiting the number 
 of members in the assembly to thirty-eight,' and at the 
 same time an address was proposed to limit the number 
 of legislative councillors to eighteen." The number now 
 IS twenty- one. 
 
 In 1*784 the province of New Brunswick, which had 
 received large accessions of loyalists from the United 
 States, was formally created, and a government estab- 
 lished, consisting of a council of twelve members, having 
 
 1 Murdoch, ii. 353. 
 
 2 lb. 354. 
 
 » Can, Sess. P. 1883, No. 70, pp. 8, 39. 
 
 ■'Howe's Speeches and Letters, vol. i. 553,562-4; Todd, 60; Eng. 
 Com. P. 1847-8, vol. 42, pp. 51-88. 
 
 ' Nova S. Stat., 30 Vict, c. 2 ; Bev. Stat. (5th series) c. 3. For vacating 
 of seats, lb. c. 3. Duration of and representation in general assembly, 
 c. 3. Executive and legislative disabilities, c. 3. 
 
 " Jour. Ass. (1867) 28. Efforts have been made in the Nova Scotia 
 assembly to abolish the legislative council as in Ontario, but so far fruit- 
 lessly on account of the opposition in the latter body. An. Eeg. (1879) 
 179-80. See Rev. Stat. (4 th ser.) c. 2. 
 
PROVINCIAL CONSTITUTIONS. *73 
 
 both executive and legislative functions, and of an as- 
 sembly of twenty-six members ; ^ but in 1832 it was deemed 
 expedient to follow the example of Nova Scotia and have 
 the executive authority quite distinct from the legisla- 
 tive council. In 1848 the principles of responsible gov- 
 ernment were formally carried out in accordance with 
 the colonial policy adopted by the British government 
 with respect to the British American provinces generally.^ 
 In the Act of Union it was provided that the house of 
 assembly of the province, elected in 1866, should, '' unless 
 sooner dissolved, continue for the period for which it was 
 elected."^ The legislature now consists of a lieutenant- 
 governor, a legislative council not exceeding eighteen 
 members,* and an assembly of forty-one members elected 
 every four years/ 
 
 The island of Prince Edward, formerly known as St. 
 John," formed part of the province of Nova Scotia until 
 1*769, when it w^as created a separate province with a 
 lieutenant-governor, a combined executive and legislative 
 council, and eventually a legislative assembly of eighteen 
 members.' The government of the province was always 
 largely influenced by the proprietors of the lands of the 
 island, distributed by the lords of trade and plantations 
 in the year 116*7. Some of the lieutenant-governors were 
 in constant antagonism to the assembly, and during one 
 
 ^ The first governor was Colonel T. Carleton, brother of Lord Dorchester. 
 The government was frequently administered by presidents of the execu- 
 tive council, and by military chiefs. See copy of the commission of gov- 
 ernor, giving him power to appoint a council, create courts, and call an 
 assembly, etc. Can. Sess. P. 1883, No. 70, p 47. 
 
 '' Todd, Pari. Govt, in the Colonies, 60. ' Sec. 88. 
 
 * N. B. Cons. Stat. 1877, c 3, s. 1. It is now (1891) proposed to abolish 
 the council. ■> lb. c. 4, s. 79. 
 
 " It was finally ceded to Great Britain bj' the treaty of Paris, 1763. 
 The name was changed in 1798 in honour of Edward, Duke of Kent. 
 
 ' Captain Walter Paterson, one of the original land owners of the 
 colony, was the first lieutenant-governor. See copy of his commission, 
 Can. Sess. P. 1883, No. 70, p. 2. The assembly first met in 1773. 
 
74 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 administration the island was practically without par- 
 liamentary government for ten years/ Eesponsible gov- 
 ernment was not actually carried out until 1850-51, when 
 the assembly obtained complete control, as in the other 
 provinces, of the public revenues.^ The land monopoly 
 was for many years the question which kept the public 
 mind in a state of constant ferment, and though many 
 attempts were made, with the assistance of the British 
 government, to adjust the conflicting claims of the pro- 
 prietors and tenants,^ it was not until the admission of 
 the island into the confederation in 1873 that a practical 
 solution was reached in the agreement of the dominion 
 government to advance the funds necessary to purchase 
 the claims of the proprietors.'' It was provided, in the 
 act of 1873 admitting the island, that the constitution of 
 the executive authority and of the legislature should con- 
 tinue as at the time of the union unless altered in accord- 
 ance with the act of 1867, and that the assembly existing 
 in 1873 should continue for the period for which it was 
 elected.'' The legislature now consists of a lieutenant- 
 governor, an elective legislative council of thirteen mem- 
 bers," and an assembly of thirty members.'' 
 
 The local constitution arranged for the province of 
 Manitoba by the Canadian parliament in 1870 provided 
 
 ^ Campbell, 62. Mr. C. Douglas Smith was lieutenant-governor, and 
 did not summon the legislature from 1814-1817. He dissolved three suc- 
 cessive legislatures which proved intractable, and was removed in 1824. 
 
 '' Col. Office List, 1890, p. 85, 
 
 ^ An imperial commission was appointed in 1860, but the report, though 
 accepted by the assembly, was rejected by the imperial authorities as 
 beyond the authority given the commissioners. Campbell, 162. 
 
 * Com. Jour. (1873) 401 ; Dom. Stat, of 1873, p. xi. A compulsory Land 
 Purchase Act passed the provincial legislature in 1875. Todd, 352-4; 
 Eng. Com. P., 1875, vol. liii. 764, 766-768. 
 
 ^ Dom. Stat. 1873, p. xii. 
 
 '^ P. E. I. Rev. Stat, of 1862, c. 18. Several attempts have been made to 
 abolish the legislative council. P.E.I. Jour. (1880), 278-9 ; Leg. Council 
 debates (1882), 57-72. 
 
 ' Col. Office List, 1890, p. 85- 
 
PROVINCIAL CONSTITUTIONS. 15 
 
 for a lieutenant-governor, an executive council of not less 
 than five persons in -the first instance, a legislative council 
 of seven members to be increased to twelve after four 
 years, and a legislative assembly of twenty-four members 
 elected to represent electoral districth set apart by the 
 lieutenant-governor.' In 1876, Manitoba abolished the 
 legislative council, and the legislature consequently now 
 consists only of the lieutenant-governor and assembly.^ 
 The same provisions as in the other provinces exist with 
 respect to the duration of the legislature and its meetings 
 once a year. Since 1890 only the English language may be 
 used in the legislature. The present assembly consists 
 of thirty-eight members.^ 
 
 By an act of the imperial parliament, passed in 1858, 
 British Columbia was created a distinct colonial govern- 
 ment, in order to maintain order among the people at- 
 tracted by the gold discoveries.'' In 1859, Vancouver 
 Island was granted a complete form of government.' In 
 1866 both colonies were united," and in 18*71, as previous- 
 ly shown, they became part of the dominion, of Canada.^ 
 Previous to the union, the province of British Columbia 
 was governed by a lieutenant-governor and a legislative 
 council composed of heads of departments and other public 
 ofiicers ; * but it was expressly declared in the terms of union 
 
 ^ Supra, 47 ; 33 Vic. c 3. See Sess. P. 1871, No. 20, for measures taken 
 to organize the provincial government. 
 
 ' Man. Stat., 39 Vict., c. 28. Pari. Companion, 1878, p. 310; Sess. Pap. 
 1876, No. 36. 
 
 'Pari. Companion, 1887. Man. Stat. 51 Vict. c. 3. See infra, ch. v. s. 5. 
 
 *The Hudson's Bay Company's trading license was revoked and a 
 colony established in 1858, by 21 and 22 Vict. c. 99 
 
 ° Sir James Douglas, the local agent of the Hudson's Bay Company, 
 which had trading privileges over the island and mainland until the 
 establishment of colonies, became the first governor, 
 
 « Col. Office L., 1890, p. 82. ' Supra, 48. 
 
 ' A legislative council of 15 persons was first established in 1863, and was 
 enlarged to 23 members on the union with Vancouver Island. In 1870 
 other constitutional changes took place, by which nine unofficial members 
 were elected by the people. Col. 0. List., 1873, p. 37. 
 
16 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 that " the government of the dominion will readily con- 
 sent to the introduction of responsible government when 
 desired by the inhabitants of British Columbia," and that 
 it was the intention of the governor of that province, un- 
 der the authority ot the secretary of state for the colonies 
 "to amend the existing constitution of the legislature by 
 providing that a majority of its members shall be elec- 
 tiA'^e." Since its admission, British Columbia has a local 
 constitution similar to that of some of the other provinces ; 
 a lieutenant-governor, an executive council, responsible to 
 the legislature, and one house only, a legislative assembly 
 of twenty-seven members.^ 
 
 X. Organization of the Northwest Territories.— After the ac- 
 quisition of the Northwest, the parliament of Canada pro- 
 vided a simple machinery for the government of that vast 
 territory, preparatory to the formation of new provinces 
 therein. The first act passed in 1869 was only of a tem- 
 porary character, and, as previously shown, it never prac- 
 tically came into operation ; ^ but in the act of the follow- 
 ing year, forming the new province of Manitoba, provision 
 was also made for the government of that portion of 
 Rupert's Land and the Northwest Territory not in- 
 cluded within the limits of that province. In subse- 
 quent sessions other acts were passed, and in 1886 all the 
 legislation relating to the Northwest Territories was con- 
 solidated into one statute." The Territories are now gov- 
 erned by a lieutenant-governor, or administrator, appoint- 
 ed by the governor-general in council. The law original- 
 ly provided for a council, composed of the judges of the 
 supreme court in the territory and other persons, appoint- 
 ed in the first instance by the governor-general, with the 
 
 1 Can. Sess. P. 1867-8, No. 59; Stat, for 1872, p. Ixxxix. ; Col. Office List, 
 1890, p. 82. 
 ^ B. C. Con. Stat., c. 42 ; two members added by 48 Vict. c. 3. 
 ^ Svpra 47, and 33 Vict. c. 3. 
 * Eev. Stat, of Can. c. 50. 
 
ORGANIZATION OF THE NORTHWEST. 11 
 
 advice of his ministry. The lieutenant-governor in 
 council could make ordinances for the government of 
 the Northwest Territory, within certain limitations set 
 forth in the act, and copies of such ordinances had to be 
 mailed to the secretary of state within thirty days after 
 their passing; the governor in council might disallow 
 such ordinances within one year after their receipt. The 
 ordinances of the council, and all orders of the governor 
 in council disallowing any of them, must always be laid 
 formally before parliament.' Provision was also made 
 for the erection of electoral districts and election of 
 members of council, according as the territory increased 
 in population ; and a legislative assembly might be 
 formed in place of a council, as soon as the elected mem- 
 bers of any council amounted in all to twenty-one. The 
 members held their seats in the assembly for two years. 
 
 A council, partly elected and partly nominated, was in 
 existence until 1888. The lieutenant-governor presided 
 over the council and had a vote. In 1888 the law was 
 amended, and a legislative assembly of twenty-two elected 
 members was created, with the powers and duties of the 
 former council. As in the original constitution, the as- 
 sembly has the assistance of three legal experts — at pre- 
 sent the judges of the supreme court of the Territories — 
 who sit for three years, the legal term of the legislature 
 — and may take part in the debates, but cannot vote. 
 
 The lieutenant-governor may appoint from among the 
 elected members of the assembly " an advisory council on 
 matters of finance," who hold office during pleasure, but 
 responsible government as it exists in the provinces, has 
 not yet been formally introduced into the Territories. 
 The assembly sits separately from the lieutenant-gov- 
 ernor, to whom all bills passed by that body shall be 
 submitted foi; his assent, and who may approve or reserve 
 them for the assent of the governor-general.^ 
 
 1 Sess. P. 1879, No. 86. ^ 51 Vict, c. 19. 
 
"78 PARLIAMENTAR Y INSTITUTIONS IN CANA DA. 
 
 Pending the settlement of the western boundary of 
 Ontario, it was considered expedient in 18'r6 to create a 
 separate territory out of the eastern part of the North- 
 west.^ This territory is known as the district of Kee- 
 watin,^ and is under the jurisdiction of the lieutenant- 
 governor of Manitoba, ex-officio, who may have the assist- 
 ance, if necessary, of a council, of not less than fiA'^e per- 
 sons and not more than ten, to aid him in the administra- 
 tion of affairs, with such powers as may be conferred 
 upon them by order of the governor in council.^ This 
 arrangement of a separate district is altogether of a pro- 
 visional nature, and will come entirely to an end with 
 the rapid development of the Northwest Territories.^ 
 The district of Keewatin has been materially altered by 
 the extension of the limits of Manitoba, in accordance 
 with acts passed since 1876,"' and by the extension of the 
 boundary of Ontario through the decision of the judicial 
 committee of the privy council in 1884." 
 
 Before passing from this historical review of the 
 establishment of government in the Northwest Terri- 
 tories, it is necessary to notice here the fact that it was 
 found expedient to obtain certain legislation in 1871 from 
 the imperial parliam.ent in order to remove doubts that 
 
 ' 39 Vict.,c. 21; Rev. Stat, of Can., c. 53. 
 
 '^ Sometimes Keewaydin. 
 
 " No such orders now appear in ttie statutes of Canada. 
 
 * Can. Hans. (1876) 86, remarks of Mr. Mackenzie, then premier, in 
 introducing bill. 
 
 " 40 Vict., c. 6, defined new boundaries of the provinces of Manitoba 
 and Keewatin. By 44 Vict., c. 14, the boundaries of the province of 
 Manitoba were extended. See Eev. Stat, of Can., c. 53- For debates as 
 to boundary question, see Sen. Hans. (1880-81) 606 et seq., Com. Hans. 
 (1880-1)2 vol. p. 1443 et seq. In accordance with a resolution passed in 
 the session of 1882 four divisions were marked out in the Northwest 
 Territory for postal and other purposes, viz. ; Alberta, Athabasca, Assini- 
 boia and Saskatchewan. Com. J. (1882) 509. Canada Gazette, December, 
 1882. 
 
 '^ See infra end of S. xiii. 
 
ORGANIZATION OF THE NORTHWEST. "79 
 
 were raised in the session of 1869, as to the power of 
 the Canadian legislature to pass the Manitoba Act, es- 
 pecially the provisions giving representation to the 
 province in the Senate and House of Commons. It ap- 
 pears that the address passed in the first session of the 
 parliament of Canada contained no provisions with respect 
 to the future government of the country, whilst the 
 general purview of the British North America Act, 1867, 
 as respects representation in the Senate and House of 
 Commons, seems to be confined to the three provinces of 
 Canada, Nova Scotia and New Brunswick, originally 
 forming the dominion. "Whilst the admission of New- 
 foundland and Prince Edward Island is provided for, no 
 reference is made to the future representation of Eupert's 
 Land, and the Northwest Territory, or of British Columbia. 
 Under these circumstances an act was passed through the 
 Imperial Parliament substantially in accordance with a 
 report submitted by the Canadian minister of justice to 
 the privy council, and transmitted, to the secretary of state 
 for the colonies by the governor-general. This act gives 
 the parliament of Canada power to establish new provin- 
 ces in any territories of the dominion of Canada, not al- 
 ready included in any province, and to provide for the 
 constitution and administration of such provinces. Author- 
 ity is also given to the Canadian parliament to alter the 
 limits of such provinces with the consent of their legis- 
 latures. The previous legislation of 1869 and 1870 re- 
 specting the province of Manitoba and the Northwest, 
 was sanctioned formally in the act.^ 
 
 In 1886, the Imperial Parliament, on addresses of the 
 Canadian parliament, also passed an act empowering the 
 
 ^ Imp. Stat. 34 and 35 Vict., c. 28; see Can. Stat, for 1872, p. Hi. For 
 history of this question, Sess. P. 1871, No. 20; Com. Jour. (1871), 136, 145, 
 291. The Imp. Act 3] and 32 Vict, c. 92, enabled the legislature of New 
 Zealand to withdraw a part of a territory from a province and form it 
 into a county. 
 
80 PASLIAMENTARY INSTITUTIONS IN CANADA. 
 
 latter body to provide for the representation in the Senate 
 and House of Commons, of any territories which may form 
 part of the dominion, but are not included in any regu- 
 larly organized province. This measure was necessary 
 on account of the measure passed in 1886, giving repre- 
 sentation to the Northwest Territories in the two Houses 
 of the parliament of Canada.^ 
 
 It is expressly provided in the British North America 
 Act that the local legislature may amend from time to 
 time the constitution of a province, except as regards the 
 office of lieutenant-governor,^ and the provinces of British 
 Columbia and Manitoba have already availed themselves 
 of the power thus conferred by abolishing the legislative 
 council.^ The provisions in the act relating to the speaker, 
 quorum, mode of voting, appropriation and tax bills, 
 money Azotes, assent to bills, disallowance of acts and 
 signification of pleasure on reserved bills — that is to say, 
 the provisions affecting the parliament of Canada, extend 
 to the legislatures of the several provinces. In accord- 
 ance with these provisions any bill passed by a legislature 
 of a province may now be disallowed by^he dominion 
 government within one year after its passagB.* The lieu- 
 tenant-governor may also reserve any bill for the " signi- 
 fication of the pleasure of his excellency the governor- 
 general," and it cannot go into operation unless ofiicial 
 
 1 Can. Com. J. (1886) 182 ; Can. Hans. (1886) 866-868. Imp. Stat. 49-50 
 VJot., c. 35, at beginning of Can. Stat, for 1886 ; Can. Stat. 49 Vict., 
 c. 24. 
 
 ^ Sec. 92, sub-sec. 1, and as respects provinces coming in after 1867, see 
 Can. Stat. 1870, c. 3, ss. 2. 10 ; 1872 p. Ixxxviii., ss. 10 and 14 ; 1873, pp. 
 xii-xiii, &c. 
 
 ''> See supra, 76, (British Columbia) ; and 75, (Manitoba) ; also 70, n. 
 as to duration of Quebec legislature extended to five years, and 69 as 
 to changes in the representation in the legislative assembly of the same 
 province. 
 
 * Ss. 87, 90. Also Manitoba Act, 33 Vict, c 3, ss. 2, 21 ; British Colum- 
 bia, 1872, p. Ixxxviii, s. 10 ; P. B. Island, p. xxii. 
 
DISALLO WANCE OF PRO VJNCIAL A CTS- 8 1 
 
 intimation is received, within one year of its having been 
 approved/ 
 
 XI, Disallowance of Provincial Acts.— The same powers of dis- 
 allowance that belonged to the imperial government pre- 
 viously to 186*7, with respect to acts passed by colonial 
 legislatures, have been conferred by the British North 
 America Act on the government of the dominion. It is 
 now admitted beyond dispute that the power of confirm- 
 ing or disallowing provincial acts has been vested bylaw 
 absolutely and exclusively in the governor- general in coun- 
 cil.^ In the first years of the confederation it became, there- 
 fore, necessary to settle the course to be pursued in conse- 
 quence of the large responsibilities devolved on the general 
 government. As it was considered of importance " that 
 the course of local legislation should be interfered with 
 as little as possible, and the power of disallowance exer- 
 cised with great caution, and only in cases where the law 
 and general interests of the dominion imperatively de- 
 manded it," the minister of justice in 1868 laid down cer- 
 tain principles of procedure, which have been generally 
 followed up to the present time. On the receipt of the 
 acts passed in any province, they are immediately refer- 
 red to the minister of justice. He thereupon reports those 
 acts which he considers free from objection of any kind, 
 and if his report is approved by the governor in council, 
 such approval is forthwith communicated to the provin- 
 cial government. He also makes separate reports on 
 those acts which he may consider : — 
 
 ' See chapter xviii., s. 26., respecting public bills. 
 
 ' Can. Sess. P., 1877, No. 89, pp. 407, 432-34. In the Commons papers 
 will be found the arguments advanced by Mr. Blake, when minister of 
 justice, to show that the Canadian ministry must be directly and ex- 
 clusively responsible to the dominion parliament for the action taken by 
 the governor in any and every such case, and that a governor who thinks 
 it necessary that a provincial act should be disallowed, must find min- 
 isters who will take the responsibility of advising its disallowance lb. 
 (1876) No. 116, pp. 79, 83. lb. (1877) No. 89, pp. 449-458. 
 6 
 
82 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 1. As beiag altogether illegal or unconstitutional. 
 
 2. As illegal or unconstitutional in part. 
 
 8. As, in cases of concurrent jurisdiction, clashing with 
 the legislation of the general parliament. 
 
 4. As affecting the interests of the dominion generally. 
 
 It has also been the practice, in the case of measures 
 only partially defective, not to disallow the act in the 
 first instance ; but, if the general interest permits such a 
 course, to give the local government an opportunity of 
 considering the objections to such legislation and of reme- 
 dying the defects therein.^ 
 
 Perhaps no power conferred upon the general govern- 
 ment is regarded with greater jealousy and restlessness 
 than this power of disallowing provincial enactments. So 
 far, this power has been exercised in relatively few cases 
 out of the large number of acts passed since confedera- 
 tion by the legislatures of the provinces. A review, 
 however, of the very voluminous papers relating to this 
 question proves that, whilst only a few acts have been dis- 
 allowed, the legislation has been considered partially 
 objectionable in many cases by the law officers of the dom- 
 inion ; but, in such cases generally, every opportunity 
 has been given to the local governments to remove the 
 objections pointed out by the minister of justice.^ 
 
 Considerable discussion has arisen, however, in and out 
 of parliament with respect to certain cases of disallow- 
 ance. The first of these cases was in connection with 
 " An act for protecting the public interests in rivers and 
 streams" (Ontario Stat., 1881). It appears that one Mc- 
 Laren, a lumberman, constructed certain works on non- 
 fioatable streams, of which he claimed to be seized in fee- 
 simple, for the purpose of carrying his logs to their desti- 
 nation. One Caldwell, carrying on the same business 
 
 ' Report of Sir J. A. Macdonald, Can. Sess. P., 1870, No. 35, pp. 6-7. 
 Also, Hodgins, Compilation of Orders in Council (1886), vol. i., 5. 
 ^ Can. Sess. P., 1882, No. 141, pp. ;>-29; lb. 1886, No. 81. 
 
DISALLOWANCE OF PROVINCIAL ACTS. 83 
 
 higher up than the former, claimed the right to use these 
 streams under the first section of chapter 115, E. S. 0., as 
 follows : " All persons may, during the spring, summer 
 and autumn freshets, float saw-logs, and other lumber, 
 rafts and craft down all streams." McLaren obtained an 
 injunction from the court of chancery, restraining Cald- 
 well from making use of the improvements in question, 
 on the ground that the words " all streams" only referred 
 to those floatable in a state of nature, and that the streams 
 in question were not navigable for saw -logs or other lum- 
 ber without artificial improvements/ Subsequently, in 
 1881, the legislature of Ontario passed an act re-enacting 
 the section cited above, and at the same time declaring 
 that its provisions shall extend to all streams and all con- 
 structions and improvements thereon ; and that all per- 
 sons might make use of such improvements on paying 
 a reasonable toll (to be fixed by the lieutenant-governor 
 in council) to the person who has made these improve- 
 ments on the streams. An appeal was made to the gov- 
 ernor-general in council to disallow the act on the ground 
 that it was unconstitutional, inasmuch as it deprived the 
 petitioner of extensive and important private rights with- 
 out providing adequate compensation, and as it embo- 
 died ea;^os^/ac to legislation, contrary to all sound prin- 
 ciples that should govern in such cases. The minister of 
 justice advised, and the privy council concurred in the 
 advice, that the act be disallowed for these reasons prinr 
 cipally : " That the act seems to take away the use of the 
 owner's property and give it to another, forcing the owner 
 
 ' The supreme court of Canada, in November, 1882, affirmed the decree 
 of the court of chancery, and reversed the decision of the court of appeal 
 of Ontario to the effect that the R. S. 0., c. 115, s. 1, re-enacting, C. S. TJ. 
 C, c. 48, s. 15, made all streams, whether artificially or naturally float- 
 able, public waterways. Can. Sup. Court E., vol. viii. 435-474. In 1884 
 the privy council decided that the judgment of the supreme court 
 should be reversed and that of the court of appeal restored. Leg. News, 
 195, 203. 
 
84 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 practically to become a toll-keeper against his will, if he 
 wished to get any compensation for being thus deprived 
 of his rights. That the power of the local legislatures to 
 take away the rights of one man and vest them in an- 
 other, as is done in the act, is exceedingly doubtful ; that, 
 assuming such a right does in strictness exist, it devolves 
 upon the dominion government to see that such power is 
 not exercised in flagrant violation of private rights and 
 natural justice, especially when, as in this case, in addi- 
 tion to interfering with private rights in the way alluded 
 to, the act over-rides a decision of a court of competent 
 jurisdiction by declaring retrospectively that the law al- 
 ways was, and is, different from that laid down by the 
 court." To this decision strong objection was taken by 
 the government of Ontario, in an elaborate state-paper, in 
 which it is emphatically urged that the governor-general 
 in council should not assume to review any of the provi- 
 sions of an act passed by the provincial legislature on a 
 subject within its competency under the British North 
 America act.^ The legislature of Ontario subsequently 
 re-enacted the act of 1881, which was again disallowed 
 by the government of the dominion. 
 
 The act of the Manitoba legislature, incorporating the 
 Winnipeg South-Eastern Railway Company, was dis- 
 allowed because it conflicted with "the settled policy of 
 the dominion, as evidenced by a clause in the contract 
 with the Canadian Pacific Railway," which was ratified 
 by parliament in the session of 1880-81; which clause is 
 to the eff"ect that "for twenty years from the date hereof 
 no line of railway shall be authorized by the dominion 
 parliament to be constructed south of the Canadian Paci- 
 fic railway, from any point at or near the Canadian Paci- 
 fic Railway, except such line as shall run south-west or 
 to the westward of south-west, nor to within fifteen 
 miles of latitude 49." The government of Manitoba con- 
 
 1 Can. Sess. P., 1882, No. 149 a. Hans. 876^926. 
 
DISALLO WANCE OF PROVINCIAL A CIS. 85 
 
 tended at the time that the act was "strictly within the 
 jurisdiction of the legislature of the province." ^ The 
 government of Canada subsequently disallowed the acts 
 of Manitoba to incorporate the Manitoba Tramway Co., to 
 incorporate the Emerson and North-Western E. E. Co., 
 and to encourage the building of railways in Manitoba, 
 on the ground also, that they were "in conflict with the 
 settled policy of the dominion government in regard to 
 the direction and limits of railway construction in the 
 territories of the dominion." To this policy the govern- 
 ment of the dominion strictly adhered for years. In 1886 
 they disallowed the charters granted to the Manitoba 
 Central Eailway Company, and to the Eock Lake, Souris 
 Valley & Brandon E. E. Co., and in 1887 those to the 
 "Winnipeg and Southern Eailway Company and the Eed 
 Eiver Valley E. E.^ In 1883 the acts passed by the legis- 
 lature of British Columbia "to incorporate the Fraser 
 Eiver Eailway Company," and " to incorporate the New 
 "Westminster Southern Eailway Company," were disal- 
 lowed for the same reasons.^ 
 
 Much irritation was felt in Manitoba on account of this 
 policy, and the difficulty at last assumed a serious aspect 
 when the government of the province persisted in an at- 
 titude of resistance to the power of disallowance exer- 
 cised under these circumstances by the dominion gov- 
 ernment. Finally in order to settle a grave difficulty, 
 the dominion government came to an arrangement with 
 the Canadian Pacific Eailway Company, under which 
 they relinquished for certain considerations the exclusive 
 privilege contained in their original contract as stated 
 above. ^ 
 
 1 Can. Sess. P. 1882, No. 166. 
 
 ' Ih. 1886, No. 81 ; Can. Gazette, 1887. 
 
 ■' Hodgins, Provincial Legislation, i. 819, 820. 
 
 * See 51 Vict., c. 32, "An act respecting a certain agreement between the 
 government of Canada and the Canadian Pacific Railway Company.'' 
 Also speech of Sir Charles Tapper, minister of finance, Can. Hans. (1888) 
 
86 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 These cases show the large power assumed by the 
 dominion government under the law giving it the right 
 of disallowing provincial enactments. The best autho- 
 rities concur in the wisdom of interfering with provincial 
 legislation only in cases where there is a clear inva- 
 sion of dominion jurisdiction, or where the vital inter- 
 
 1332. This settled the dispute as far as the power of disallowance in this 
 case was concerned, but subsequently the matter in another form came 
 before the supreme court of Canada in accordance with the sections of the 
 Canada Railway Act, 51 Vict., c. 29, providing for a reference to the court 
 for its opinion upon any question which, in the opinion of the railway 
 committee of the Canadian privy council, is a question of law. Under 
 chap. 5 of the statutes of Manitoba, passed in 1888, the railway commis- 
 sioner of that province commenced the construction of the Portage ex- 
 tension of the Bed Eiver Valley Railway (within the province) and it was 
 found necessary to malse application to the railway committee of the 
 privy council of Canada (under sec. 173 of the Railway Act of 1888) for 
 the approval of the place at which, and the mode by which the extension 
 in question should cross the Pembina Mountain branch of the Canadian 
 Pacific Railway Co. Thereupon the latter company intervened and raised 
 a preliminary legal objection that the railway commissioner of Manitoba 
 had no authority to construct a line crossing the Canadian Pacific Rail- 
 way in consequ 'ice of the illegality of the statute. Mr. Edward Blake 
 argued on beh." of the Company before the supreme court that the par- 
 liament of Car la had, years ago (see46 Vict. c. 24, s. 6, and Rev. Stat, c- 
 109, e. 121) efij„iently exercised its declaratory and sovereign power (see 
 B.N. A . Act, 1867, s. 92 sub. s. 10 c.) with reference to railway works by the 
 declaration that a work crossing the Canadian Pacific Railway is a work 
 for the general advantage; that by that declaration any such work has 
 been removed from the provincial and assumed to be within the dominion 
 cognizance ; that this work before the court was specifically such a work 
 and therefore no other conclusion could be reached than that the provin- 
 cial legislature was utterly incompetent to authorize the construction of 
 such a work." The question submitted by the railway committee for the 
 supreme court of Canada (see sec. 19 of the R.R. Act of 1888) was to the 
 effect, whether the Manitoba statute in view of the provisions of c. 109 
 Rev. Stat, of Canada, particularly sec. 121, and of the R. R. Act of 1888, par- 
 ticularly ss. 306 and 307, was valid and effectual so as to confer authority 
 on the railway commissioner to construct the railway in question. The 
 supreme court unanimously declared its opinion that the Manitoba act is 
 valid, and the railway constructed under it entitled to cross the C.P.E. 
 subject to the approval of the railway committee, as provided by the Rail- 
 way Act. See Report of argument before the supreme court on this ques- 
 tion, Ottawa, 1888. Legal News (1889) vol. xii. 4. 5. 
 
DISALLOWANCE OF PROVINCIAL ACTS. Si 
 
 ests of Canada as a whole imperatively call for such in- 
 terfeieuce. The powers and responsibilities of the general 
 government in this matter have been well set forth by 
 judicial authorities : " There is no doubt of the preroga- 
 tive right of the Crown to veto any provincial act, and to 
 apply it even to a law over which the provincial legisla- 
 ture has complete jurisdiction. But it is precisely on 
 account of its extraordinary and exceptional character 
 that the exercise of this prerogative will always be a deli- 
 cate matter. It will always be very difficult for the 
 federal government to substitute its opinion instead of 
 that of the legislative assemblies, in regard to matters 
 within their jurisdiction, without exposing itself to be 
 reproached with threatening the independence of the 
 provinces." The injurious consequences that may result 
 in case a province re-enacts a law, are manifest : " pro- 
 bably grave complications would follow." And in any 
 case, " under our system of government, the disallowing 
 of statutes passed by a local legislature after due deliber- 
 ation, asserting a right to exercise powers which they 
 claim to possess under the British North America Act, 
 will always be considered a harsh exercise of authority, 
 unless in cases of great and manifest necessity, or where 
 the act is so clearly beyond the powers of the local legis- 
 lature that the propriety of interfering would at once be 
 recognized." ^ 
 
 ^ Can. Sup. Court R., vol. ii. Eichards, C. J., S6 ; Fournier J., 131. 
 The principles laid down in the remarks of the learned judges, cited above, 
 were emphatically urged in the House of Commons in the debate of 1889 on 
 the act passed by the legislature of Quebec respecting the settlement of the 
 Jesuits' Estates, which, some contended, ought to have been disallowed as 
 beyond the power of the legislature, for reasons set forth in a resolution 
 which was negatived by 188 to 13. The dominion government had pre- 
 viously advised the governor-general that the act dealt with a fiscal 
 matter within the exclusive jurisdiction of the Quebec legislature, and 
 that accordingly it should be left to its operation. Can. Hans. (1889) 811- 
 910. It is now generally admitted that it is advisable to leave the courts, 
 whenever practicable, to deal with all questions involving matters of 
 
88 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 XII,— Distribution of Legislative Powers,— In the distribution 
 of the legislative powers entrusted to the general parlia- 
 ment and the local legislatures respectively, the constitu- 
 tion makes such an enumeration as seems well adapted 
 on the whole to secure the unity and stability of the 
 dominion and at the same time gives every necessary free- 
 dom to the several provinces in the management of their 
 local and municipal affairs. In arranging this part of the 
 constitution, its framers had before them the experience 
 of eighty years' working of the federal system of the 
 United States, and were able to judge in what essential 
 and fundamental respects that system appeared to be de- 
 fective.^ The doctrine of state sovereignty had been 
 pressed to extreme lengths in the United States, and had 
 formed one of the most powerful arguments of the advo- 
 
 constitutional controversy, and to reserve the power of disallowance for 
 unconstitutional legislation, or for cases, should they ever happen, involv- 
 ing the peace, harmony, or good faith of the Confederation. See Bourinot, 
 Federal Government in Canada, 60. In the session of 1890, the House- of 
 Commons agreed to an important resolution proposed by Mr. Edward 
 Blake, that " it is expedient to provide means whereby, on solemn oc- 
 casions touching the exercise of the power of disallowance, or of the 
 appellate power as to educational legislation, important questions of law 
 or fact, may be referred by the executive to a high judicial tribunal 
 for hearing and consideration, in such mode that the authorities and par- 
 ties interested may be represented, and that a reasoned opinion may 
 be obtained for the information of the executive.'' At present there is 
 no provision for a " reasoned opinion ;" in the cases of the Manitoba rail- 
 way crossings (stated in the text) and of the Liquor License Act {infra, 
 113) the court stated no grounds for the conclusion which it gave shortly 
 for the information of the executive. Under the proposition set forth 
 above, the Crown would have the power to submit a question to the 
 court, and give the opportunity to all parties interested to appear and 
 be heard. In such a case the decision would not be binding on the gov- 
 ernment ; they would not be relieved of any responsibility, but conld 
 dissent from the conclusion if they thought proper. See remarks of Sir 
 John Macdonald and Mr. E. Blake on the question. Hans. 4083-4094. 
 
 1 Sir J. A. Macdonald, Conf. Deb, 1865, p. 32: "I am strongly of opin- 
 ion that we have in a great measure avoided in this system which we 
 propose for the adoption of the people of Canada, the defects which time 
 and events have shown to exist in the American constitution," &c. 
 
DISTRIBUTION OF LEGISLATIVE POWERS. 89 
 
 cates of secession. This doctrine had its origin in the fact 
 that all powers, not expressly conferred upon the general 
 government, are reserved in the constitution to the states/ 
 Now, in the federal constitution of Canada the very re- 
 verse principle obtains, with the avowed object of 
 strengthening the basis of the confederation, and pre- 
 venting conflict as far as practicable between the pro- 
 vinces that compose the union,^ This constitution eman- 
 ates from the sovereign authority of the imperial parlia- 
 ment, which has acted in accordance with the wishes of 
 the people of the several provinces, as expressed through 
 the constitutional medium of their respective legislatures. 
 This imperial charter, the emanation of the combined 
 wisdom of the imperial parliament and the subordinate 
 legislatures of the several provinces affected, confers upon 
 the general government the exclusive legislative author- 
 ity over all matters respecting the public debt, regulation 
 of trade and commerce, postal service, navigation and 
 shipping, Indians, census and statistics, and all other mat- 
 ters of dominion import and significance.^ On the other 
 hand the local legislatures may exclusively make laws in 
 relation to municipal institutions, management and sale 
 of ptiblic lands belonging to the province, incorporation 
 of companies with provincial objects, property and civil 
 rights in the province, and " generally all matters of a 
 
 ' The 10th art. of the Am. Cong, reads: "The powers not delegated to 
 the United States by the constitution, nor prohibited bj' it to the States, 
 are reserved to the States respectively, or to the people." This art. did 
 not appear in the first constitution of 1787, but was agreed to with other 
 amendments by the first congress in 1789, and subsequently ratified by 
 the States. See Smith's Cons. Manual and Digest, published by order 
 of Congress, 1877. Also, Story on the Constitution (Cooley's 4th ed-), ss. 
 1906-1909 ; Bourinot, Canadian Studies in Comparative Politics, 44-48. 
 
 •' Sir J. A. Macdonald, Conf Deb., 1865, p. 33 : "We have thus avoided 
 that great source of weakness which has been the cause of the disruption 
 of the United States. We have avoided all conflict of jurisdiction and 
 authority," etc. 
 
 ■^ B. N. A. Act, 1867, s. 91. See appendix to this work. 
 
90 PARLIAMENT A EY INSTITUTIONS IN CANADA. 
 
 merely local or private nature in the province." ' The 
 provincial legislatures have also exclusive powers of legis- 
 lation in educational matters, subject only to the right of 
 the dominion parliament to make remedial laws under 
 certain circumstances.^ The object of this provision is to 
 secure, as far as practicable, by statute, to a religious 
 minority of a province, the same rights, privileges and 
 protection which it may have enjoyed at the time of the 
 union. ^ The local legislatures may, however, legislate as 
 to separate schools, provided that the legislation be not 
 such as prejudicially affects the rights or privileges there- 
 tofore possessed by such schools, and they may pass laws 
 interfering with unimportant matters such as the elec- 
 tion of trustees, or the every-day detail of the working 
 of such schools, as settled by statute prior to confedera- 
 tion. * The general parliament and local legislatures 
 have also concurrent powers of legislation respecting 
 agriculture and immigration, provided the provincial law 
 is not repugnant to any act of the parliament of Canada.' 
 The powers of the provincial governments are distinctly 
 specified in the Act of Union, whereas those of the gen- 
 eral government cover the whole ground of legislation 
 not so expressly reserved to the provincial authorities. '' 
 
 ' B. N. A. Act, s. 92. - Sec. 93. 
 
 ^ See New Brunswick School Law controversy, Todd, Pari. Gov. in the 
 Colonies, 346-352 ; Can. Sess. P. 1877, No. 89. A reference to the corres- 
 pondence on this vexed question clearly shows that both the imperia 
 and dominion authorities concurred in the view that it is not proper for 
 the federal authority to attempt to interfere with the details or accesso- 
 ries of a measure of the local legislature, the principles and objects of 
 which are entirely within its competency. 
 
 ' Board of School Trustees rs. Grainger et ul., 25 Grant, Ch. 579. 
 
 "' B. N. A. Act, s. 95. 
 
 ^ "The government of the United States is one of enumerated powers, 
 and the governments of the States possess all the general powers of legis- 
 lation. Here (in Canada) we have the exact opposite. The powers of 
 the provincial governments are enumerated, and the dominion govern- 
 ment possesses the general powers of legislation." Ritchie, C. J., Can. 
 Sup. Court Pv., 13th April, 1880, vol. iii. 536. 
 
DISTRIBUTION OF LEGISLATIVE POWERS. 91 
 
 The dominion government is authorized in express terms 
 " to make laws for the peace, order and good government 
 of Canada in relation to all matters not coming within 
 the classes of subjects by this act assigned exclusively to 
 the legislatures of the provinces" ; ' and in addition to 
 this specific provision it is enacted that " any matter 
 coming within any of the classes of subjects enumerated 
 in this section (that is, the 91st respecting the powers of 
 general parliament) shall not be deemed to come with- 
 in the class of matters of a local or private nature com- 
 prised in the enumeration of the classes of subjects as- 
 signed exclusively to the legislatures of the provinces." 
 
 It must necessarily happen that, from time to time, in 
 the operation of a written constitution like that of Can- 
 ada, doubts will arise as to the jurisdiction of the general 
 government and local legislatures over such matters as 
 are not very clearly defined in the sections enumerating 
 the powers of the respective legislative authorities. No 
 grave difficulty should arise in arriving sooner or later, as 
 a rule, at a satisfactory solution by means of the decisions 
 of the judicial dommittee of the privy council, and of the 
 higher courts of the dominion. An act establishing a 
 supreme court for Canada was passed in the session of 
 18*75, in accordance with the 101st section of the British 
 North America Act, 1867, which provides "for the con- 
 stitution,, maintenance and organization of a general court 
 of appeal for Canada.- This court has an appellate juris- 
 diction in the case of controverted elections, and may ex- 
 amine and report on any private bill or petition for the 
 
 ' See irtfra, 105. Judgmect of privy council re "Canada Temperance 
 Act," showing the large powers given to the dominion government by 
 this provision of the B.N.A. Act, 1867. 
 
 ^ 38 Vict., c. 11. Lord Durham, in his report (123), recommended the 
 establishment of a " supreme court of appeal for all the North American 
 colonies." The provincial courts have equal power to declare any Cana- 
 dian statute unconstitutional ; the supreme court is a court of appeal for 
 all the provinces of the dominion. 
 
92 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 same.^ The governor in council may refer any matter to 
 this court for an opinion. In certifying their opinion the 
 judges do not give their reasons, but follow in this re- 
 spect the practice of the judicial committee of the privy 
 council of England when dealing with cases referred by 
 the Crown for advice.^ It has also jurisdiction in cases 
 of controversies between the dominion and the provinces 
 and between the provinces themselves, on condition that 
 the legislature of a province shall pass an act agreeing to 
 such jurisdiction.^ The supreme court of Canada, how- 
 ever, can be considered "a general court of appeal for the 
 dominion in only a limited sense," for in addition to the 
 power of appealing from the supreme court itself to the 
 privy council of England there exists in every province 
 the right of an appeal direct from its appellate tribunals 
 to the same imperial tribunal. It is the continued prac- 
 tice of the judicial committee of the privy council "to en- 
 tertain appeals from the supreme court where it is con- 
 sidered that any error of law has been made, and substan- 
 tial interests have been involved.""' 
 
 XIII. Decisions of the Privy Council of England and of the Supreme 
 Court of Canada on Questions of Legislative Jurisdiction.— Many 
 important cases of doubt as to the construction to be 
 placed on the 91st and 92nd sections of the British North 
 
 ' See infra 93. 
 
 ' See Cassells, Practice of the Supreme Court of Canada, for cases so re- 
 ferred to the court, and for other cases of reference under special acts, 
 29, 230. Supra 85 note. 
 
 " Dom. Eev. Stat. (1886), c. 135, ss. 72-74. The legislature of Ontario in 
 1877 passed 40 Vict., c. 5, authorizing such references. See Ont. Eev, Stat. 
 (1887) c. 42. The legislature of Nova Scotia has also passed a similar act. 
 Eev. Stat. 5th series c. 111. Also British Columbia, 44 Vict, c. 6. 
 
 * See Cassells, Practice of the supreme court of Canada, 4, 75, 76 ; 
 Legal News, 1889, 281, 283. Dom. Eev. Stat. (1886) c. 135. The judg- 
 ment of the supreme court is now final in criminal matters. See 51 
 Vict., 43, repeahng 50, 51 Vict. c. 50, s. 1, sub. s. 5. By 50-51 Vict. c. 16, all 
 original exchequer court jurisdiction was taken away from the supreme 
 court judges, and an exchequer court, composed of one judge specially 
 constituted. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 93 
 
 America Act, 186*7, have already been referred to the privy 
 council and to the supreme court of the dominion. Al- 
 ready in Canada, as in the United States, a large amount 
 of constitutional learning and research is being brought 
 every year to the consideration of the perplexing questions 
 that must unavoidably arise in the interpretation of a 
 written constitution.' It will be probably useful to cite 
 some of the more important decisions given by the high 
 tribunals just mentioned, with the view of showing the 
 conclusions they have formed with respect to the legisla- 
 tive powers of the dominion parliament. 
 
 Controverted Elections. 
 
 In 18'74, the dominion parliament passed an act im- 
 posing on the judges of the superior courts of the provin- 
 ces the duty of trying controverted elections of members 
 of the House of Commons.^ The question was raised in 
 the courts, whether the act contravenes that particular 
 provision of the 92nd section of the B. N. A. Act which 
 exclusively assigns to the provincial legislatures the power 
 of legislating for the administration of justice in the pro- 
 vinces, including the constitution, maintenance and organ- 
 ization of provincial courts of civil and criminal jurisdic- 
 tion, and including procedure in civil (not in criminal) 
 matters in those courts. The question came at last before 
 the supreme court of Canada, which, constituted as a full 
 court of four judges, unanimously held: 
 
 That whether the act established a dominion court or 
 not, the dominion parliament had a perfect right to give 
 to the superior courts of the respective provinces, and the 
 judges thereof, the power, and impose upon them the duty, 
 of trying controverted elections of members of the House 
 
 ' See Cartwright's cases under the B.N. A. Act of ]8tJ7, 3 vols, already 
 issued. 
 
 2 "The Dominion Controverted Elections Act, 1874"; 37 Vict. c. 10. 
 (Rev. Stat, of 1886, c. 9) 
 
94 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 of Oommons, and did not, in utilizing existing judicial 
 officers and established courts to discharge the duties as- 
 signed to them by that act, in any particular invade the 
 rights of the local legislatures. That upon the abandon- 
 ment by the House of Oommons of the jurisdiction exer- 
 cised over controverted elections, without express legisla- 
 tion thereon, the power of dealing therewith would fall, 
 «>so/ac^o,. within the jurisdiction of the superior courts of 
 the provinces by virtue of the inherent original jurisdic- 
 tion of such courts over civil rights. That the dominion 
 parliament has the right to interfere with civil rights, 
 when necessary for the purpose of legislating generally 
 and eiFectually in relation to matters confided to the par- 
 liament of Canada. That the exclusive power of legisla- 
 tion given to provincial legislatures by sub-s. 14 of s. 92 
 B. N. A. Act over procedure in civil matters, means pro- 
 cedure in civil matters within the powers of the provin- 
 cial legislatures.^ 
 
 Application was made to the privy council for leave to 
 appeal from the foregoing judgment of the supreme court. 
 Their lordships, in refusing such leave, expressed these 
 opinions : 
 
 That there is no doubt about the power of the dominion 
 parliament to impose new duties upon the existing pro- 
 vincial courts, or to give them new powers as to matters 
 which do not come within the classes of subjects assigned 
 exclusively to the legislatures of the provinces. That the 
 result of the whole argument offered to their lordships 
 had been to leave them under the impression that there 
 was here no substantial question requiring to be deter- 
 
 '■ Can. Sup. Court R., vol. iii. Valin vs. Langlois. This case came before 
 the court on appeal from the judgment of Chief Justice Meredith, of the 
 superior court of Quebec, declaring the act to be within the competency 
 of the dominion parliament, 5 Q. L. E., No. 1. The Ontario court of com- 
 mon pleas in 1878 unanimously agreed that the act was binding on them. 
 Ont. Com. P. R. vol. xsix. 261. But certain judges of Quebec held 
 adverse opinions. Quebec L. R., vol; v., p. 191. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 95 
 
 mined, aud that it would be much, more likely to unsettle 
 the minds of her Majesty's subjects in the dominion, and 
 to disturb in an inconvenient manner the legislative and 
 other proceedings there, if they were to grant the prayer 
 of the petition and so throw a doubt on the validity of the 
 decision of the court of appeal below, than if they were 
 to advise her Majesty to refuse it.' 
 
 In a later case it was decided that no appeal from the 
 decision of the supreme court of Canada in a controverted 
 election case will be entertained by the privy council of 
 England. In giving their judgment their lordships stated 
 that there are strong reasons why such matters should be 
 decided within a colony, especially it is " most important 
 that no long time should elapse before the constitution of 
 the body is known ; and yet if the Crown is to entertain 
 appeals in such cases, the necessary delays attending such 
 appeals would greatly extend the time of uncertainty — 
 which the legislature has striven to limit." ^ 
 
 Fire Insurance. 
 
 In 18*76, the legislature of Ontario passed an act ^ inti- 
 tuled " An act to secure uniform conditions in policies of 
 fire insurance." This statute was impeached on the 
 ground mainly that the legislature of Ontario had no 
 power to deal with the general law of insurance ; that the 
 power to pass such enactments was within the legisla- 
 tive authority of the dominion parliament, under s. 91, 
 sub.-s. 2, B. N. A. Act, " regulation of trade and com- 
 merce." The question having come before the supreme 
 court of Canada, it held that the act in question was 
 within the competency of the Ontario legislature, and is 
 
 ' 5 App. Cas., 115. 
 
 ^ Glengarry Case, Kennedy v. Purcell, 7th July, 1888. See Cassells's 
 Practice, 86 ; Can. Sup. Court E., vol. xiv. 453-515. 
 3 39 Vict., c. 24; Ont. Eev. Stat., c. 167. 
 
96 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 applicable to insurance companies, whether foreign or in- 
 corporated by the dominion ^ 
 
 The question came finally before the privy council on 
 appeal from the supreme court of Canada, and their lord- 
 ships decided : 
 
 That construing the words " regulation of trade and 
 commerce " by the various aids to their interpretation, 
 they would include political arrangements in regard to 
 trade and requiring the sanction of parliament, regula- 
 tion of trade in matters of inter-provincial concern, and 
 it may be that they would include general regulation of 
 trade affecting the whole dominion. Their lordships, 
 however, abstained from any attempt to define the limits 
 of the authority of the dominion parliament in this direc- 
 tion. It was sufficient for the decision of the case under 
 review to say that, in their view, its authority to legis- 
 late for the regulation of trade and commerce does not 
 comprehend the power to regulate by legislation the con- 
 tracts of a particular business or trade, such as the busi- 
 ness of fire insurance, in a single province, and there- 
 fore that its legislative authority did not in the present 
 case confiict or compete with the power over property and 
 civil rights assigned to the legislature of Ontario by sub- 
 section 13 of section 92. That the act in question, so far 
 as relates to insurance or property within the province, 
 may bind all fire insurance companies, whether incorpor- 
 ated by imperial, dominion, provincial, colonial, or foreign 
 authority. That the act of the dominion parliament," re- 
 quiring insurance companies to obtain licenses from the 
 minister of finance as a condition to their carrying on 
 business in the dominion is a general law applicable to 
 
 1 Can. Sup. Court E., vol. iv. 215-349. The Citizens and the Queen Ins. 
 Cos. V. Parsons, Western Insurance Co. v. Johnston. This judgment of the 
 supreme court affirmed the judgments of the court of appeal for On- 
 tario (4 App. Eep., Ont, 96, 103), which had affirmed the judgments of 
 the queen's bench ; 43 U. C, Q.B. 261, 271. 
 
 '' 38 Vict., c. 20. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 9Y 
 
 foreign and domestic corporations, and in no way inter- 
 feres with the authority of the Ontario legislature to legis- 
 late in relation to the contracts which corporations may 
 enter into in that province.^ 
 
 Since the first session of the dominion parliament until 
 the end of that of 1886, between thirty and forty statutes 
 have been passed relating to insurance and insurance 
 companies. The local legislatures have also during the 
 same period granted acts of incorporation to companies 
 that do business within the limits of a province. It is 
 now authoritatively decided that the terms of paragraph 
 eleven of section 92 (giving powers to provincial legisla- 
 tures for provincial objects,) are considered sufficiently 
 comprehensive to include insurance cpmpanies, whose 
 object is to transact business within provincial limits. If 
 a company desire to carry on operations outside of the 
 province, it will come under the provisions of the gene- 
 ral federal law, to which it must conform, and which 
 contains special provisions for such purposes.^ The domi- 
 nion parliament may give power to contract for insur- 
 ance against loss or damage by fire, but the form of the 
 contract, and the rights of the parties thereunder, must 
 depend upon the laws of the country or province in which 
 the business is done.^ Policies of insurance being mere 
 contracts of indemnity against loss by fire, are, like any 
 other personal contracts against parties, governed by local 
 or provincial laws. The provincial legislature has the 
 power to regulate the legal incidents of contracts to be 
 enforced within its courts, and to prescribe the terms 
 upon which corporations, either foreign or domestic, shall 
 be permitted to transact business within the limits of 
 the province — the power being given to local legislatures 
 
 " 45 L. T. N. S. 721 ; Cartwright, i., 265. The Citizens and Queen Insur- 
 ance Cos. V. Parsons. 
 ' Fournier, J., Sup. Court R., vol. iv. 277,278. 
 3 Harrison, C.J., 43 U. C. Q.B. 261 ; Doutre, 267. 
 1 
 
98 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 by the constitution to legislate upon civil rights and pro- 
 perty.^ 
 
 The privy council, in their judgment, confirming that 
 ■of the Canadian courts, made special reference to the fact 
 that dominion legislation has distinctly recognized the 
 right of the provincial legislatures to incorporate insur- 
 ance companies for carrying on business v^ithin the pro- 
 vince itself. ^ 
 
 In this connection it is necessary to refer to the fact 
 that certain legislation in the province of Quebec affect- 
 ing insurance companies has been declared beyond the 
 competency of the local legislature. The act in question 
 (39 Yict., chap. Y) imposed a tax upon the policies of such 
 insurance companies as were doing business Avithin the 
 province. The statute enacts : That every assurer carry- 
 ing on any business of assurance, other than that of ma- 
 rine assurance exclusively, shall be bound to take out a 
 license in each year, and that the price of such license 
 shall consist in the payment to the Grown for the use of 
 the province at the time of the issue of any policy or 
 making or delivery of each premium, receipt, or renewal, 
 of certain percentages on the amount received as pre- 
 mium on renewal of assurance, such payments to be made 
 by means of adhesive stamps to be afhxed on the policy 
 of assurance, receipts or renewals. For each contraven- 
 tion of the act a penalty of fifty dollars is imposed. 
 
 The question of the constitutionality of the act came 
 before the judicial committee of the privy council, who 
 decided : That the act was not authorized by sub-sections 
 two and nine of section ninety-two of the B. N. A. Act 
 with respect to direct taxation and licenses for raising a 
 revenue for provincial, local or municipal purposes. That 
 a license act by which a licensee is compelled neither to 
 take out nor pay for a license, but which merely provides 
 
 1 4 Ont. App. 109. 
 
 2 See 40 Vict, c. 42, s. 28 ; Rev. Stat, of Can., c. 124, s. 3. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 99 
 
 that the price of a license shall consist of an adhesive 
 stamp, to be paid in respect of each transaction, not by 
 the licensee, but by the person who deals with him, is 
 virtually a stamp act, and not a license act. That the 
 imposition of a stamp duty on policies, renewals and re- 
 ceipts, with provisions for avoiding the policy, renewal 
 or receipt in a court of law, if the stamp is not affixed, is 
 not warranted by the terms of sub-section two of section 
 ninety-two, which authorizes the imposition of direct 
 taxation within a province in order to raise a revenue for 
 provincial purposes. ^ 
 
 Temporalities Fund of the Presbyterian CImrch. 
 
 In pursuance of authority given by the imperial act 
 (16 Vict., c. 21,) the province of Canada passed an act 
 (18 Vict., c. 82,) in consequence of which, in 1885, an 
 arrangement was made with the government for the 
 erection of a temporalities fund of the Presbyterian 
 church of Canada in connection with the church of 
 Scotland ; ^ and an act of incorporation for the manage- 
 ment thereof was obtained (22 Vict., c. Q&) of the province 
 of Canada. In 1874 it was decided to unite the said 
 church with three other churches. Subsequently in the 
 provinces of Ontario and Quebec, the legislatures passed 
 two acts (38 Vict., ch. lb, Ont. Stat, and 38 Vict., c. 62, 
 Quebec Stat.), to give effect to this union. At the same 
 time the Quebec legislature passed an act (38 Vict., c. 64) 
 to amend the act of the late province of Canada (22 Vict., 
 c. 66), with a view to the union of the four churches, and 
 
 ' 3 App. Cas. 1090 ; Cartwright, i., 117. On appeal from a judgment of the 
 court of queen's bench of Quebec, affirming a judgment of the superior 
 court of Lower Canada that the act is ultra vires. 16 L. C. J., 198 ; 21 lb. 
 77 ; 22 lb. 307. See infra, 122 for a later decision upon a Quebec Sta- 
 tute imposing taxes on commercial corporations. 
 
 ^ This church was entitled to share in the proceeds of the clergy re- 
 serves funds by virtue of certain imperial statutes. See supra, 33. 
 
100 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 to provide for the administration of the temporalities 
 fund. The union was subsequently carried out in accord- 
 ance with the views of the large| majority of the church 
 in question ; but a small minority protested against the 
 union, and tested the validity of the Quebec Act, 38 Vict., 
 c. 64. The matter was finally carried up to the privy 
 covincil, which decided : That the Act (22 Vict., c. 66) of 
 the province of Canada, which created a corporatipn hav- 
 ing its corporate existence and rights in the provinces of 
 Ontario and Quebec, afterwards created by the B. N. A. 
 Act, could not, after the coming into force of that act, be 
 repealed or modified by the legislature of either of these 
 provinces, or by the conjoint operation of both provincial 
 legislatures, but only by the parliament of the dominion. 
 That the Quebec act of 1875 (38 Vict., c. 64), which as- 
 sumed to repeal and amend the act of the late province of 
 Canada, was invalid, inasmuch as its professed object and 
 the efi'ect of its provisions was to destroy, in the first 
 place, a corporation which had been created by the legis- 
 lature of Canada before the union of 186*7, and to substi- 
 tute a new corporation ; and, in the second place, to alter 
 materially the class of persons interested in the corpor- 
 ate funds, and not merely to impose conditions upon the 
 transaction of business by the corporation within the 
 proAunce. ^ 
 
 The result of this judgment was the passage of an act 
 by the parliament of Canada in 1882, to amend the act 
 of the late province of Canada (22 Vict., c. 66), with 
 respect to the " management of the temporalities fund 
 of the Presbyterian church of Canada, in connection 
 with the church of Scotland," and the acts amending 
 the same.^ 
 
 ^ 7 App. Cas. 136 : Cartwright, i., 351 ; Dobie v. the Temporalities Board. 
 Appeal on special leave from a judgment of the court of queen's bench 
 (3 L. N., 244), aiRrming a judgment of the superior court of the district 
 of Montreal (3 L. N., 244) ; Doutre, 247-265. 
 
 '' 45 Vict., c. 124. Also, cc. 123 and 125. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 101 
 Sale of Spirituous Liquors. 
 
 In 18Y4, the legislature of Ontario passed an act in- 
 tituled, " an act to amend and consolidate the law for the 
 sale of fermented or spirituous liquors."^ The provisions 
 of this act required that no person should " sell by whole- 
 sale or retail any spirituous, fermented, or other manu- 
 factured liquors within the province of Ontario, without 
 having first obtained a license under this act, authoriz- 
 ing him to do so." The question was brought before 
 the courts whether the legislature of Ontario had the 
 power to pass the statute, under which certain penalties 
 were to be recovered, or to require brewers to take out 
 any license whatever for selling fermented or malt liquors 
 by wholesale. The matter came finally, on appeal, be- 
 fore the supreme court of Canada, which decided sub- 
 stantially as follows : 
 
 That it is not within the competency of a provincial 
 legislature to require brewers to take out a license forthe 
 sale of fermented or malt liquors by wholesale ; that the 
 power to tax and regulate the trade of a brewer, being a 
 matter of excise, the raising of money by "taxation," as 
 well as for the restraint and " regulation of trade and 
 commerce," is comprised within the class of subjects re- 
 served by the ninety-first section of the British North 
 America Act, to the exclusive legislative authority of the 
 parliament of the dominion ; and that such a license, im- 
 posed by a provincial statute, is a restraint and regulation 
 of trade, and not an exercise of municipal or police power. 
 That under the 92nd section of the imperial act, local 
 legislatures are empowered to deal exclusively with such 
 licenses only as are of a local or municipal description. 
 That the taxing power of a provincial legislature is con- 
 fined to direct taxation,^ in order to raise a provincial re- 
 
 1 37 Vict., c. 32 ; Ont. Rev. Stat. (1877), c. 181, ss. 39, 40, 41. 
 
 ^ So afBrmed by the judicial committee of the privy ' council, Attorney- 
 
102 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 venue ; and to the grant of licenses to shops, saloons, 
 taverns, auctioneers, and "other licenses," for purely- 
 municipal and local objects, for the purpose likewise of 
 raising a revenue for provincial, local, or municipal ob- 
 jects. That at the same time this taxing power of the 
 local government must not be exercised so as to encroach 
 upon, or to conflict with, the taxation in aid of dominion 
 revenue, which is authorized to be exclusively imposed by 
 the federal parliament/ 
 
 Fishery Leases in the Provinces. 
 
 By s. 2 of the Fisheries Act of 1868,^ the minister of 
 marine and fisheries "may, where the exclusive right of 
 fishing does not already exist by law, issue, or authorize 
 to be issued, fisherj'' leases and licenses for fisheries and 
 fishing wheresoever situated, or carried on, etc." In 18*74 
 the minister executed a lease of fishery of a certain por- 
 tion of a river in New Brunswick, which was some forty 
 or fifty miles above the ebb and flow of the tide, though 
 the stream for the greater part of that particular portion is 
 navigable for canoes, small boats and timber. Certain 
 persons in New Brunswick, however, claimed the exclu- 
 sive right of fishing in this part of the river, on the 
 ground that they had received conveyances thereof, and 
 prevented the lessee of the dominion government from 
 enjoying the fishery under his lease. The supreme court 
 of Canada was at last called upon to decide whether an 
 exclusive right of fishing existed in the parties who had 
 received the conveyances. In other words, the court was 
 practically asked to decide the question : Can the domi- 
 nion parliament authorize the minister of maftne and 
 
 General of Quebec v. The Qneen Insurance Co., Law Rep., 3 App. Cas. 
 1090. 
 
 ' Can. Sup. Court R., vol. ii. 70-142, Severn vs. The Queen. On appeal from 
 a judgment of the court of queen's bench for Ontario ; 36 U. C. Q. B. 218. 
 
 ^ 31 Vict., c. 60. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 103 
 
 fisheries to issue licenses to parties to fish in rivers such 
 as that described, where the provincial government has 
 before or after confederation granted lands that are bound- 
 ed on, or that extend across such rivers ? The court de- 
 cided : That the license granted by the minister of mar- 
 ine and fisheries was void, because the act in question 
 only authorizes the granting of leases "where the exclu- 
 sive right of fishing does not already exist by law," and 
 in this case the exclusive right belonged to the owners of 
 the land through which that portion of the river flows. 
 That the legislation in regard to "inland and sea fish- 
 eries" contemplated by the B. N. A. Act is not with re- 
 ference to property and civil rights— that is to say, not as 
 to the ownership of the beds of rivers or of the fisheries, or 
 the rights of individuals therein, but to subjects afi'ecting 
 the fisheries generally, tending to their regulation, protec- 
 tion and preservation, matters of a national and general 
 concern ; in other words, all such general laws as enure 
 as well as to the benefit of the owners of the fisheries as 
 to the public at large. That the parliament of the do- 
 minion may properly exercise a general power for the 
 protection and regtilation of the fisheries, and may author- 
 ize the granting of licenses, where the property, and 
 therefore the right of fishing thereupon, belong to the 
 dominion, or where such rights do not already exist by 
 law ; but it may not interfere with existing exclusive 
 rights of fishing, whether provincial or private. That 
 consequently any lease granted by a dominion minister to 
 fish in freshwater non-tidal rivers, which are not the pro- 
 perty of the dominion, or in which the soil is not in the 
 dominion, is illegal ; that where the exclusive right to 
 fish has been acquired as incident to a grant of land 
 through which such river flows, the Canadian parliament 
 has no power to grant a right to fish. That the ungranted 
 lands in a province being in the Crown for the benefit of 
 the people, the exclusive right to fish follows as an in- 
 
104 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 cident, and is in the Crown as trustee for the benefit of 
 the people of the province, and therefore a license by the 
 minister of marine and fisheries would be illegal.^ 
 
 Canada Temperance Act. 
 
 In 18*78, the parliament of the dominion passed an act 
 cited as the " Canada Temperance Act, 1818." ^ The pre- 
 amble sets forth " that it is very desirable to promote tem- 
 perance in the dominion, and that there should be uni- 
 form legislation in all the provinces regarding the trafiic 
 in intoxicating liquors." The act is divided into three 
 parts, the first of which relates to " proceedings for bring- 
 ing the second part of this act into force ; " the second to 
 " prohibition of trafiic in intoxicating liquors ; " and the 
 third to "penalties and prosecutions for offences against 
 the second part." The effect of the act when brought 
 into force in any county or town within the dominion is, 
 describing it generally, to prohibit the sale of intoxicating 
 liquors, except in wholesale quantities, or for certain 
 specified purposes, to regulate the traffic in the excepted 
 cases, and to make sales of liquors, in violation of the pro- 
 hibitions, and regulations contained in the act, criminal 
 offences punishable by fine, and for the third or subse- 
 quent offence, by imprisonment. The supreme court of 
 New Brunswick in 1879 decided^ that the act was ultra 
 vires, but the supreme court of Canada subsequently held 
 that it was within the competency of the parliament of 
 Canada, and inter alia that under the second sub-section of 
 the 91st section of the B. N. A. Act, " regulation of trade 
 
 "^Can. Sup. Court R., vol. vi. 52-143. The Queen vs. JRobertson. 
 On appeal from the exchequer court (Gwynne J.), Tvhich held inter alia 
 that the exclusive rights of fishing existed in the person having the convey- 
 ances. The supreme court of New Brunswick had also decided adverse- 
 ly to the exclusive right of the lessee of the dominion government to fish 
 under his lease. 2 Pug. and Bur. 580. 
 
 HI Vict. c. 16 ; Rev. Stat, of Can. c. lOG. 
 
 ■'' 3 Pug. and Bur., 139. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 105 
 
 and commerce," parliament alone has the power of regu- 
 lating the traffic in intoxicating liquors in the dominion 
 or any part of it.' The whole matter came finally before 
 the privy council who do not dissent from this opinion, 
 but base their decision on other grounds which render it 
 unnecessary to discuss the question of trade and commerce. 
 Their lordships considered fully the point whether the 
 act falls within any of the three classes of subjects enum- 
 erated in section 92 and assigned exclusively to the pro- 
 vincial legislatures, viz. : 
 
 9. Shop, saloon, tavern, auctioneer, and other licenses 
 in order to the raising of a revenue for provincial, local or 
 municipal purposes. 
 
 13. Property and civil rights in the province. 
 16. Generally, all matters of a merely local or private 
 nature in the province. 
 
 Their lordships decided that the act does not fall 
 within any of these classes of subjects, for the following 
 reasons : 
 
 The act is not a fiscal law — a law for raising revenue ; 
 on the contrary the effect of it may be to destroy or dim- 
 inish revenue; and consequently could not have been 
 passed by the provincial legislature by virtue of any 
 authority conferred upon it by sub-section 9, And sup- 
 posing the effect of the act to be prejudicial to the revenue 
 derived by the municipality from licenses, it does not fol- 
 low that the dominion parliament might not pass it by 
 virtue of its general authority " to make laws for the peace, 
 order and good government of Canada." The act does not 
 properly belong to the class of subjects, " property and 
 civil rights." It has in its legal aspect an obvious and 
 close similarity to laws which place restrictions on the 
 sale or custody of poisonous drugs, or of dangerously ex- 
 plosive substances. The primary matter dealt with is the 
 public order and safety. Upon the same considerations 
 
 ' Can. Sup. Court R., vol. iii. 505-574. 
 
106 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 the act cannot be regarded as legislation in relation to civil 
 rights. In however large a sense these w^ords are used, it 
 could not have been intended to prevent the parliament 
 of Canada from declaring and enacting certain uses of pro- 
 perty and certain acts in relation to property, to be crim- 
 inal and wrongful. Laws designed for the promotion of 
 public order, safety or morals, and which subject those 
 who contravene them to criminal procedure and punish- 
 ment, belong to the subject of public wrongs rather than 
 to that of civil rights. They are of a nature which fall 
 within the general authority of parliament, to make laws 
 for the order and good government of Canada, and have 
 direct relation to criminal law, which is one of the enum- 
 erated classes of sirbjects assigned exclusively to the 
 parliament of Canada. Few, if any, laws could be made 
 by the parliament for the peace, order and good govern- 
 ment of Canada which did not in some incidental 
 way affect property and civil rights ; and it would not 
 have been intended, when assuring to the provinces 
 exclusive legislative authority on the subject of property 
 and civil rights, to exclude the parliament from the exer- 
 cise of this general power whenever any such incidental 
 interference would result from it. Their lordships 
 cannot concur in the view that the act "which in effect 
 authorizes the inhabitants of each town or parish to regu- 
 late the sale of liquor, and to direct for whom, for what 
 purposes and under what conditions spirituous liquors 
 may be sold therein, deals with matters of a merely local 
 nature." ^ On the contrary, the declared object of parlia- 
 ment in passing the act is that there should be uniform 
 legislation in all the provinces respecting the traffic in 
 intoxicating liquors, with a view to promote temperance 
 in the dominion. The act as soon as it was passed be- 
 came a law for the whole dominion, and the enactments 
 of the first part relating to the machinery for bringing the 
 second part into force, took effect and might be put into 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 10 Y 
 
 motion at once and everywhere within it. The conditional 
 application of certain parts of the act does not convert 
 the act itself into legislation affecting a pnrely local mat- 
 ter.' The legislation in question is clearly meant to apply 
 a remedy to an evil which is assumed to exist throughout 
 the dominion, and the local option, as it is called, no more 
 localizes the subject and scope of the act than a provision 
 in an act for the prevention of contagious diseases in 
 cattle that a public officer should proclaim in what districts 
 it should come into effect, would make the statute itself a 
 mere local law for each of these districts. In statutes of 
 this kind the legislation is general, and the provision for 
 the special application of it to particular places does not 
 alter its character. ^ 
 
 Liquor Traffic in the Provinces. 
 
 The immediate effect of this important judgment on 
 the Temperance Act was the passage by the parliament 
 of Canada, in the session of 1883, of "an act respecting the 
 sale of intoxicating liquors and the issue of licenses there- 
 for." The preamble of the act sets forth as the grounds 
 for legislation that "it is desirable to regulate the traffic 
 in the sale of intoxicating liquors ; that there should be a 
 uniform law regulating the same throughout the domi- 
 nion ; that provision should be made for the better pre- 
 servation of peace and order." The act provides for the 
 issue of licenses to hotels, saloons, shops, vessels and 
 wholesale dealers, and exacts only such fees as are neces- 
 sary to the execution of the act.' 
 
 ' See judgment of Allen C. J., 3 Pug. and Bur. 139. 
 
 ^ Judgment of the lords of the judicial committee of the privy council 
 on the appeal of Charles Eussell vs. The Queen, on the information of 
 Woodward, from the supreme court of New Brunswick, delivered 23rd 
 June, 1882. 7 App. Cas., 829. 
 
 ^ 46 Vict., c. 30; (see reference to subject in his Excellency's speech, Jour. 
 1883, p. 14). But strong objections were taken in the House of Commons 
 
108 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 Subsequent to tjie passage of this act, the judicial 
 committee of the privy council rendered a judgment 
 M'hich has a very important bearing on the question of 
 jurisdiction in the matter of the regulation of liquor traflB.c 
 in a province, and consequently on the constitutionality 
 of the measure just mentioned. The fourth and fifth 
 sections of the Liquor License Act ^ of Ontario, w^hich has 
 come under the review of the privy council on the ap- 
 peal of Hodge V. the Queen from the court of appeal of 
 the province, authorizes the appointment of license com- 
 missioners to act in each municipality, and empowers 
 them to pass resolutions for defining the conditions and 
 qualifications requisite to obtain tavern or shop licenses 
 for sale by retail of spirituous liquors within the muni- 
 cipality ; for limiting the number of licenses ; for declar- 
 ing that a limited number of persons qualified to have 
 tavern licenses may be exempted from having all the 
 tavern accommodation required by law ; for regulating- 
 licensed taverns and shops ; for defining the duties and 
 powers of license inspectors. These commissioners may 
 also impose penalties for an infraction of their resolutions. 
 The sale of intoxicating liquors is also prohibited in the 
 act, under penalties, from Saturday evening, V o'clock, to 
 Monday morning, 6 o'clock. 
 
 By virtue of this act, the license commissioners of 
 Toronto passed certain resolutions for the regulation of 
 taverns and shops in that city. Subsequently, Mr. Hodge, 
 a proprietor of an hotel, who was duly licensed to sell 
 liquor, and to keep a billiard saloon, was convicted and 
 fined before the police magistrate of Toronto, for unlaw- 
 fully permitting a billiard table to be used, and a game 
 
 to the act on the ground (as set forth in a resolution) that "the parhament 
 of Canada should not assume jurisdiction, as proposed by the said bill, 
 until the question of jurisdiction has been settled by the court of last re- 
 sort." Can. Com. J., 1SS3, May 22. See Can. Hans., INIay 16, 21 and 22. 
 ^E.S. 0. {1877] c. 181. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 109 
 
 to be played thereon, during the time prohibited by the 
 act, and by the resolution of the commissioners ; that is, 
 after 1 o'clock on Saturday night. The conviction was 
 quashed by the court of queen's bench as illegal. Assum- 
 ing the right of the legislature of Ontario to legislate on 
 the subject, the court held that it could not devolve or 
 delegate its powers to the discretion of a local board of 
 commissioners. The case was then taken to the court of 
 appeal for Ontario, which reversed the decision of the 
 queen's bench and affirmed the conviction. The court 
 decided substantially that the provincial legislature, and 
 it alone, had the power to pass laws for the infliction of 
 penalties or imprisonment for the enforcement of a law 
 of a province in relation to a matter coming within a 
 class of subjects with which alone the province had the 
 right to deal ; and that the legislature had power to 
 delegate its authority as it had done in the matter in 
 question.^ 
 
 On the question at issue coming before the judicial 
 committee of the privy council, their lordships were of 
 opinion that the decision of the court of appeal of Ontario 
 should be affirmed, and the appeal dismissed with costs. 
 They fii-st reviewed the argument of the appellants that 
 the legislature of Ontario had no power to pass any act 
 to regulate the liquor traffic ; that the whole power to 
 pass such an act was conferred on the dominion parlia- 
 ment, and consequently taken from the provincial legis- 
 lature by section 91 of the British North America Act ; 
 and that it did not come within any of the classes of sub- 
 jects assigned exclusively to the provincial legislatures 
 by section 92. The clause in section 91 which the Liquor 
 License Act, ISIY, was said to infringe, was No. 2, " the 
 regulation of trade and commerce ; " and it was urged 
 that the decision of their lordships in Russell v. the Queen 
 
 1 See 7 Ont. App. Kep. 246 ; 46 U. C. Q. B. 141. 
 
110 ' PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 was conclusive — " that the whole subject of the liquor 
 traffic was given to the dominion parliament, and con- 
 sequently taken away from .the provincial legislatures." 
 It appears, however, to their lordships that the decision 
 mentioned " has not the effect supposed, and that, when 
 properly considered, it should be taken rather as an au- 
 thority in support of the judgment of the court of 
 appeal." The sole question there was, " whether it was 
 competent for the dominion parliament, under its gene- 
 ral powers, to make laws for the peace, order and good 
 government of the dominion, to pass the Canada Temp- 
 erance Act, 1878, which was intended to be applicable to 
 the several provinces of the dominion, or to such parts of 
 the provinces as should locally adopt it." They then 
 proceed to quote portions of the previous judgment in 
 Eussell and the Queen to shew that the matter of the act 
 in question does not properly belong to the class of sub- 
 jects " property and civil rights," within the meaning of 
 sub-section 13, but is rather one of those matters relating 
 to public order and safety, which fall within the general 
 authority of parliament to make laws for the order and 
 good government of Canada.^ It therefore appears to 
 their lordships that Russell v. the Queen, w^hen properly 
 understood, is not an authority in support of the appel- 
 lant's contention, and their lordships do not intend to 
 vary or depart from the reasons expressed for their judg- 
 ment in that case. The principle which that case and 
 the case of the Citizens' Insurance Company illustrate is, 
 that subjects which in one aspect and for one purpose 
 fall within section 93, may in another aspect and for 
 another purpose fall within section 91." ^ 
 
 1 Supra, 106. 
 
 '■^ In the case of the corporation of Three Eivers and Suite, the court of 
 queen's bench of Quebec has given a decision, holding precisely in prin- 
 ciple what the privy council has held in the Hodge case. See Mr. Justice 
 Ramsay's judgment, 5 Legal News, 330. Also Poulin and the corporation 
 of Quebec, 72 Q. L. R., 387 ; 5 Legal News, 3,334 ; C lb. 209, 214. In the first 
 
DECISIONS ON QUESTIONS OF JURISDICTION. Ill 
 
 In considering the subject-matter and legislative char- 
 acter of sections four and five of the License Act of Onta- 
 rio (as given in a previous page) their lordships point 
 out that the act " is so far confined in its operations to 
 naunicipalities in the province of Ontario, and is entirely 
 local in its character and operation." The matters dealt 
 with in the sections mentioned " seem to be of a purely- 
 local nature in the province, and to be similar to, though 
 not identical in all respects with, the powers then belong- 
 ing to municipal institutions under the previously exist- 
 ing laws passed by the local parliaments." Their lord- 
 ships consequently decide : " The powers intended to be 
 conferred by the act in question, when properly under- 
 stood, are to make regulations in the nature of police or 
 municipal regulations of a merely local character for the 
 good government of taverns, etc., licensed for the sale of 
 liquors by retail, and such as are calculated to preserve, 
 in the municipality, peace and public decency, and re- 
 press drunkenness and disorderly and riotous conduct. 
 As such they cannot be said to interfere with the general 
 regulation of trade and commerce which belongs to the 
 dominion parliament, and do not conflict with the pro- 
 visions of the Canada Temperance act, which does not 
 appear to have as yet been locally adopted. The subjects 
 of legislation in the Ontario act of ISTY, sections 4 and 5, 
 seem to come within the heads 8, 15 and 16 ^ of section 
 92 of the British North America Act, 186*7. Their lord- 
 ships are, therefore, of opinion that in relation to sections 
 
 mentioned case the supreme court of Canada (Rep. vol. xi. 25,) sus- 
 tained the decision of the court of queen's bench of Quebec, and declared 
 the Quebec License Act (41 Vict., c. 3) intra vires of the legislature of that 
 province. The case of Hodge v. the Queen Was considered by the court 
 to cover the constitutional ground. 
 
 ^ 8. "Municipal institutions in the' province." 15. ''The imposition of 
 punishment by fine, penalty, or imprisonment, for enforcing any law of 
 the province made in relation to any matter coming within any of the 
 classes of subjects enumerated in this section." 16. " Generally all mat- 
 ters of a merely local or private nature in the province.'' 
 
112 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 4 and 5 of the act in question, the legislature of Ontario 
 acted within the powers conferred upon it by the impe- 
 rial act of 186'7, and that in this respect there is no con- 
 flict with the powers of the dominion parliament," 
 
 We have cited, in the foregoing paragraph, the most 
 material part of the decision ; but' their lordships went 
 further and considered the objection raised by the appel- 
 lant — that the imperial parliament had conferred no 
 authority on the local legislature to delegate its powers 
 to the license commissioners or any other persons. In 
 other words, that the power conferred by the imperial 
 parliament on the local legislature should be exercised in 
 full by that body, and by it alone. This objection, in 
 their opinion, is founded on au entire misconception of 
 the true character and position of the provincial legisla- 
 tures, " which are in no sense delegates of, or acting under 
 any mandate from, the imperial parliament." Their lord- 
 ships say emphatically that, when the British North 
 America Act enacted that there should be a legislature 
 for Ontario, and that its legislative assembly should have 
 exclusive authority to make laws for the provinces and 
 for provincial purposes in relation to the matters enu- 
 merated in section 92, " it conferred powers not in any 
 sense to be exercised by delegation from, or as agents of 
 the imperial parliament, but authority as plenary and as 
 ample within the limits prescribed by section 92, as the 
 imperial parliament, in the plenitude of its power, pos- 
 sessed and could bestow." "Within these limits of sub- 
 jects and area, "the local legislature is supreme, and has 
 the same authority as the imperial parliament, or the par- 
 liament of Canada would have had under like circum- 
 stances to confide to a municipal institution or a body of 
 its own creation, authority to make by-laws or resolu- 
 tions as to subjects specified in the enactment, and with 
 the view of carrying the enactment into operation and 
 
 ' For text of judgment, s le L. N., January 17, 1884 ; 9 App. Cas. 117. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 113 
 
 effect." In their opinion such, an authority is ancillary 
 to legislation, and without it an attempt to provide for 
 varying details and machinery to carry them out might 
 become oppressive, or absolutely fail. A legislature, in 
 committing certain regulations to agents or delegates 
 like license commissioners, retains its powers intact, and 
 can, whenever it pleases, destroy the agency it has cre- 
 ated, and set up another, or take the matter directly into 
 its own hands. 
 
 The result of this very important judgment was the 
 passage by the dominion parliament of an act which 
 referred the question of the constitutionality of the Liquor 
 License Act of 1883 to the supreme court of Canada. ' A 
 special case containing the following questions was ac- 
 cordingly referred by the governor-general in council to 
 the court : 
 
 " 1. Are the following acts in whole or in part within 
 the legislative authority of the parliament of Canada, 
 namely : 
 
 (1) •' The Liquor License Act, 1883. 
 
 (2) "An Act to amend ' The Liquor License Act, 1883 V 
 " 2. If the court is of opinion that a part or parts only 
 
 of said acts are within the legislative authority of the par- 
 liament of Canada, what part or parts of said acts are so 
 within such legislative authority ?" 
 
 The court ^ certified to the governor-general in council 
 that, in their opinion, the acts referred to them "are, and 
 each of them is, uUra vires of the legislative authority of 
 the parliament of Canada, except in so far as the said acts 
 respectively purport to legislate respecting those licenses 
 mentioned in section seven of the said 'The Liquor 
 License Act, 1883,' which are there denominated vessel 
 
 1 47 Vict, c. 32, s. 26. 
 
 2 See 48-49 Vict., c. 74, the schedule of which contains order of refer- 
 ence to, and the judgment of, the supreme court. Mr. Justice Henry was 
 of opinion that " the said acts are ultra vires in whole." 
 
114 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 licenses and wholesale licenses, and except also in so far 
 .as the acts respectively relate to the carrying into effect 
 ■of the provisions of the ' Canada Temperance Act, 1818.' " 
 The result of this decision was the suspension of the por- 
 Ttions of the acts declared to be ultra vires. Subsequently 
 ;tihe matter came before the judicial committee of the 
 privy council, who maintained the right of the provin- 
 cial legislatures to deal with the subject of licenses for 
 the sale of liquors. ' 
 
 Escheats. 
 
 Among the matters that have come before the supreme 
 court of Canada and the judicial committee of the privy 
 council is the question, whether the government of Canada 
 or the government of a province is entitled to estates 
 escheated to the Crown for want of heirs. The contro- 
 versy on this question first arose in 18*74, when the legis- 
 lature of Ontario passed an act ^ to amend the law respect- 
 ing escheats and forfeitures. This act was disallowed by 
 the governor-general in council, on the report^ of the 
 minister of justice (Mr. Fournier, now one of the judges 
 of the supreme court) on the following grounds : 
 
 1. " That escheat is a matter of prerogative which is 
 not by the British Korth America Act vested in a provin- 
 cial government or legislature. 
 
 2. That it is not one of the subjects coming within the 
 enumeration of the subjects left exclusively to the pro- 
 vincial legislatures. 
 
 3. That a provincial legislature, by its very statutable 
 position, has no power to deal with prerogatives of the 
 Crown. 
 
 4. That the lieutenant-governor has not under the 
 statute, or by his commission, any power to deal with 
 
 1 8 Legal News, 17, 26, 379, 409. 
 
 2 37 Vict., c. 8, passed on the 24th March, 1874. 
 "■ Can. Sess. P., 1882, No. 141. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 115 
 
 the prerogatives of the Crown ; and not being empowered 
 to assent in the queen's name to any law of a provincial 
 legislature, he cannot bind her Majesty's prerogative 
 rights." 
 
 Subsequently in 18*76, by a decision of the court of 
 queen's bench, of the province of Quebec, upon an ap- 
 peal from a lower court, the right of the province to the 
 control of escheats and forfeitures, within the province, 
 was affirmed. "Whereupon it was agreed between the 
 dominion and provincial governments that — until or un- 
 less there should be a judicial decision establishing a con- 
 trary principle — " lands and personal property in any 
 province, escheated or forfeited by reason of intestacy, 
 without lawful heirs or next of kin, or other parties en- 
 titled to succeed, are subjects appertaining to the pro- 
 vince, and within its legislative competency," while, on 
 the other hand, " lands and personal property forfeited 
 to the Crown for treason, felony, or the like, are subjects 
 appertaining to the dominion, and within its legislative 
 competence."^ 
 
 Accordingly the legislature of Ontario again passed an 
 act,^ which enables the attorney-general to take posses- 
 sion of escheated lands or cause an action of ejectment 
 to be brought for the recovery thereof without any inqui- 
 sition being first necessary. The lieutenant-governor may 
 make grants of escheated or forfeited lands, or may re- 
 lease forfeited property, or waive the forfeiture. He may 
 also make an assignment of personalty to which the 
 Crown has become entitled. 
 
 The question of the validity of this statute was brought 
 before the courts in 1878, when the attorney-general of 
 
 1 Can. Sess. P., 1877, No. 89, pp. 88-105. 
 
 ■' B. S. 0. (1877), c. 94 (40 Vict., c. 3). The legislature of New Bruns- 
 wick passed a law to the same effect in 1877, c. 9. See also Quebec Act, 
 48 Vict, c. 10 (Rev. Stat, of 1888, ss. 1369-1373), passed after the privy 
 council's decision stated in the text. Also Nova Scotia Eev Stat. 5th 
 series, c. 127. 
 
116 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 Ontario filed an information in the court of chancery for 
 the purpose of obtaining possession of land in the city of 
 Toronto, which was the property of one Andrew Mercer, 
 who had died intestate and without leaving any heirs 
 or next of kin, on the ground that it had escheated to 
 the Crown for the benefit of the province. Andrew F. 
 Mercer, a natural son of the deceased, demurred to this 
 information for want of equity, and the court of chancery 
 held that the Es'iheat Act of Ontario ^ was not ultra vires, 
 but that the escheated property accrued to the benefit of 
 Ontario. On appeal to the court of appeal for Ontario, 
 that court held that the provincial governments are en- 
 titled, under the B. N. A. Act, to recover and appropriate 
 escheats, and afiirmed the order over-ruling the said de- 
 murrer, and dismissed the appeal with costs. Against 
 this judgment the defendant, Andrew F. Mercer, appealed 
 to the supreme court, and the parties agreed that the ap- 
 peal should be limited to the broad question whether the 
 government of Canada or of a province is entitled to 
 estates escheated to the Crown. The dominion govern- 
 ment, concurring in the view of the appellant's counsel, 
 that the hereditary revenues of the Crown belong to the 
 dominion, intervened in order to have the question 
 determined. 
 
 The supreme court held that tho province of Ontario 
 does not represent her Majesty in matters of escheat in 
 that province, and therefore the attorney-general could 
 not appropriate the property escheated to the Crown in 
 this case for the purposes of the province, and that the 
 Escheat Act of Ontario was ultra vires? That any revenue 
 derived from escheats is by section 102 of the B. N. A, 
 Act placed under the control of the parliament of Canada, 
 as part of the consolidated revenue fund of Canada, 
 
 'E.S. 0. [1877,] c. 94. 
 
 ^ Can. Sup. Court E. vol. 5, p. 538. The chief justice and another judge 
 of the court dissented from the opinion of the majority. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 11*7 
 
 and no other part of the act exempts it from that dis- 
 position.^ 
 
 The case was brought finally before the privy council,^ 
 who came to the conclusion that the escheat in question 
 belongs to the province of Ontario. Their lordships base 
 their decision mainly on their interpretation of section 
 109, which is the only clause in the B. N. A. Act by 
 which any sources of revenue appear to be distinctly re- 
 served to the provinces, viz. : 
 
 "All lands, mines, minerals and royalties, belonging to 
 the several provinces of Canada, Nova Scotia and New 
 Brunswick, at the union, and all sums then due or pay- 
 able for such lands, mines, minerals, or royalties, shall 
 belong to the several provinces of Ontario, Quebec, Nova 
 Scotia and New Brunswick, in which the same are situ- 
 ate or arise, subject to any trusts existing in respect 
 thereof, and to any interest other than that of the pro- 
 vince in the same." 
 
 The real question, in their lordships' opinion, is as to 
 the eiFect of the words " lands, mines, minerals and royal- 
 ties " taken together. They see no reason why the word 
 " royalties " in the context should not have its primary 
 and appropriate sense as to all the subjects with which 
 it is here associated — lands, as well as mines and mine- 
 rals. Even as to mines and minerals, it here necessarily 
 signifies rights belonging to the Grown, jure coroncB. The 
 general subject of the section is of a high political nature; 
 it is the attribution of royal territorial rights, for the pur- 
 poses of revenue and government, to the provinces in 
 which they are situate or arise. In its primary and 
 natural sense, " royalties " is merely the English trans- 
 lation or equivalent of regalitates, jura regalia, jura regia. 
 It stands on the same footing as the right to escheats, to 
 the land between high and low watermark, to treasure 
 
 ' Per Fournier, Taschereau and Gwynne, J.J. 
 
 * The attorney-general of Ontario v. Mercer ; July 18, 1883. 
 
118 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 trove, and other analogous rights. Their lordships find 
 nothing in the subject or the context, or in any other 
 part of the act, to justify a restriction of its sense to the 
 exclusion of royalties, such as escheats in respect of 
 lands. The larger interpretation (which they regard as 
 in itself the more proper and natural) also seems to be 
 that most consistent with the nature and general objects 
 of this particular enactment, which certainly includes all 
 other ordinary territorial revenues of the Crown arising 
 within the respective provinces.^ 
 
 Question respecting Indian Lands. 
 
 An important question came before the supreme court 
 of Canada in ISST, on the appeal of the Ontario court of 
 appeal, affirming a judgment of the chancery division, 
 which restrained the St. Catharines Milling & Lumber 
 Co. from cutting timber on lands south of WabigoonLake 
 in Algoma, claimed to be public lands of the province.'^ 
 The question was really whether certain lands admit- 
 tedly within the boundaries of Ontario belonged to that 
 province or to the dominion of Canada. By royal procla- 
 mation in 1*763 possession was granted to certain Indian 
 tribes of these lands, " of such parts of our dominion 
 and territories," as, not having been ceded or purchased 
 by the Crown, were reserved " for the present," to them 
 as their hunting grounds. The proclamation further 
 enacted that all purchases from the Indians of lands 
 reserved to them must be made on behalf of the Crown 
 by the governor of the colony in which the lands lie 
 and not by any private person. In. 18*73 the lands in 
 
 ' See 6 Legal News, 233, 244. Also Can. Sess. P., 1884, No. 117, for papers 
 respecting escheated lands. 
 
 ■' Sup. Court E., vol. 13, pp. 577-677. The St. Catharines Milling & Lum- 
 ber Co. (appellants), and the Queen, on the information of the attorney- 
 general for the provinc e of Ontario (respondent), on appeal from the court 
 of appeal for Ontario. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 119 
 
 suit, situate in Ontario, which had been in Indian occu- 
 pation until the date under the foregoing ])roclamation, 
 were, to the extent of the whole right and title of the 
 Indian inhabitants thereto, surrendered to the govern- 
 ment of the dominion for the Crown, subject to a certain 
 qualified privilege of hunting and fishing/ In the 
 answer of the defendants it was pleaded that the lands 
 and timber thereon were, with other lands and timber 
 in the district, until quite recently claimed by the Indians 
 who inhabited that part of the dominion of Canada. 
 That the claims of such Indians have always been 
 acknowledged by the various governments of Canada, 
 and that such claims are, as respects the lands in question, 
 paramount to the claim of the Crown as represented by 
 the government of Ontario. That the government of 
 Canada have acquired the Indian title to these lands in 
 consideration of a large expenditure of money for the 
 benefit of these Indians, and have for that reason and by 
 virtue of the inherent right of the Crown as represented 
 by the government of Canada, alone the right to grant 
 licenses to cut timber on the tract in dispute. For the 
 province of Ontario it was contended that both before 
 and after the treaty of 18*73 the title to the lands" in suit 
 was in the Crown and not in the Indians. The lands 
 being within the province, the beneficial interest therein 
 passed to the province under the act of 1867, and the 
 dominion obtained thereunder no such interest as it 
 claimed in the suit. Even if they were lands reserved for 
 the Indians within the meaning of the act, the dominion 
 gained thereunder only a power of legislating in respect 
 to them, it did not»gain ownership or a right to become 
 owner by purchase from the Indians. The majority of 
 the court ^ decided that the boundary of the territory in 
 
 ^ These lands formed a portion of the territory declared under the 
 Boundary Award to be in Ontario, infra, 123, 124. 
 ^ Ritchie, C. J., Taschereaa and Henry, J. J. ; Strong and Gwynne J. J. 
 
120 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 the northwest angle being established, and the lands in 
 question being found within the province of Ontario, 
 they necessarily form part of the public domain of that 
 section, and are public lands belonging to the same by 
 virtue of sub-sec. 6 of sec. 92, and sec. 109 of the B. N. A. 
 Act, as to lands, mines, minerals and royalties, and of 
 sec. IIY, by which the provinces are to retain all their 
 property not otherwise disposed of by that act, subject to 
 the right of the dominion to assume any lands or public 
 property required for fortifications or for the defence of 
 the country.^ <-'iily those lands specifically set apart and 
 reserved for the use of the Indians are "lands reserved 
 for Indians " within the meaning of sec. 91, item 24, of 
 the B. N. A. Act. In the course of their opinions, the 
 majority of the judges dwelt on certain points interesting 
 to the historical as well as to the legal student. They laid 
 it down that " on the discovery of the American continent, 
 the principle was asserted or acknowledged by all Euro- 
 pean nations that discovery followed by active posses- 
 sion gave title to the soil to the government by whose 
 subjects, or by whose authority, it was made, not only 
 against other European governments, but against the 
 natives themselves. While the different nations of Eu- 
 rope respected the rights^ of the natives as occupants, 
 they all asserted the ultimate dominion and title to the 
 soil to be in themselves." ^ That such was the case with 
 the French Government in Canada, during its occupancy 
 thereof, is an incontrovertible fact. The king was vested 
 with the ownership of all the ungranted lands in the 
 
 dissenting. The most elaborate opinion on the whole question is by Boyd, 
 C, in the Chancery division in the high court of justice for Ontario (10 
 O.R., 196). The opinions of Strong and Gwynne J.J., on tlie other side 
 merit a careful study. 
 
 ' See app. A. to this work for text of these sections. 
 
 ' Judge Taschereau (643) very properly thinks " claims " the proper word 
 here. 
 
 •' Sup. Court of Louisiana, (cited by Taschereau, J.), 4, La. An. 141. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 121 
 
 colony as part of the crown domain, and a royal grant 
 conveyed the full estate and entitled the grantee to pos- 
 session.i "When, by the treaty of 1163, France ceded to 
 G-reat Britain all her rights of sovereignty, property and 
 possession over Canada, it is unquestionable that the full 
 title of the territory ceded became vested in the new 
 sovereign, and that he thereafter owned it in allodium as 
 part of the crown domain, in as full and ample a manner 
 as the king of France had previously owned it. At no 
 time had the sovereign of Great Britain ever divested 
 himself of the ownership of the public lands to vest it in 
 the Indians. For obvious political reasons and motives 
 of humanity and benevolence, it has, no doubt, been the 
 general policy of the Crown, as it had been at the times 
 of the French authorities, to respect the claims of the 
 Indians. But this, though it unquestionably gives them 
 a title to the favourable consideration of the government, 
 does not give them any title in law — any title that a court 
 of justice can recognize as against the Crown.^ 
 
 The privy council in affirming the judgment of the 
 supreme court of Canada held that by force of the pro- 
 clamation of 1763 the tenure of the Indians was a per- 
 sonal and usufructuary right dependent upon the good 
 will of the Crown ; that the lands were thereby, and at the 
 time of the union, vested in the Crown, subject to the 
 Indian title, which was " an interest other than that of 
 the province in the same," within the meaning of section 
 109. Their lordships also held that by force of the sur- 
 render in 1873 the entire beneficial interest in the lands 
 subject to the privilege was transmitted to the province 
 in terms of section 109 ; and that the dominion power of 
 legislation over lands reserved for the Indians is not in- 
 consistent with the beneficial interest of the province 
 therein. The treaty of 1873 " left the Indians no right 
 
 ' Taschereau, J., 644. 
 
 ^ Taschereau J., 648, 649. See also opinion of Henry J., 639. 
 
122 PARLIAMENTAEY INSTITUTIONS IN CANADA. 
 
 whatever to the timber growing upon the lands which 
 they gave up, which is now fully vested in the Crown, all 
 revenues derivable from the sale of such portions of it as 
 are situate within the boundaries of Ontario being the 
 property of that province." Their lordships added that 
 there " may be other questions behind, with respect to 
 the right to determine to what extent, and at what periods, 
 the disputed territory, over which the Indians still exer- 
 cise their vocations of hunting and fishing, is to be taken 
 up for settlement or other purposes, but none of these 
 questions are raised for decision in the present suit." ^ 
 
 Taxes on Incorporated Companies. 
 
 In 1882 the Quebec legislature passed a statute ° " to 
 impose certain direct taxes " on banks, insurance com- 
 panies, and every incorporated company carrying on any 
 labour, trade or business in the province. Payment was 
 resisted of the taxes thereby imposed, and the queen's 
 bench reversed a decision of the superior court that the 
 Quebec legislature had no power to pass the statute, on 
 the grounds that the tax is a direct one and that it is also 
 a matter of a local or private nature in the province, and 
 so falls within the jurisdiction of the provincial legisla- 
 ture. The case was carried before the judicial committee 
 of the privy council, who affirmed the judgment of the 
 queen's bench that the tax in question was direct taxation 
 within class two of section ninety-two of the federation 
 act. They also laid it down that a corporation doing 
 business in the province is siibject to taxation under sec- 
 
 ' L. E. App. Cas. vol. xiv., 46-61. Seeing that the benefit of the sur- 
 render accrues to Ontario, their lordships gave their opinion that that 
 province must, " of course, relieve the Crown, and the dominion, of all 
 obligations involving the payment of money which were undertaken by 
 her Majesty, and which are said to have been in part fulfilled by the 
 dominion government." 
 
 ' 45 Vict. (Q), c 22. 
 
DECISIONS ON QUESTIONS OF JURISDICTION. 123 
 
 tion ninety-two, sub-section two, though all the share- 
 holders are domiciled or resident out of the province.^ 
 
 Boundary Question. 
 
 Reference has been made, in connection with the case 
 just cited, to the dispute between the governments of 
 Ontario and Canada as to the boundary of the province 
 on the north and west. This question has given rise to 
 a vast amount of legal and political literature since the 
 acquisition of the Northwest Territories, and it is neces- 
 sary here to state briefly its present position. In 1818 
 three arbitrators were chosen on behalf of the Dominion 
 and Ontario governments to come to a settlement of the 
 question.^ They arrived subsequently at a unanimous 
 decision, but while the Ontario legislature accepted the 
 award as satisfactory and passed an act giving effect to 
 the same so far as laid in the power of the province,' the 
 dominion government took no steps whatever in the 
 matter. The subject remained in abeyance until 1884 
 when a case was arranged for reference to the judicial 
 
 ' 10 Leg. News, 259-264.— Their lordships add : "There is nothing in the 
 previous decisions on the question of direct taxation which is adverse to 
 this view. In the case of the Queen Insurance Company (3 App. Ca. 
 1090, supra, 95), the disputed tax was imposed under cover of a license to 
 be taken out by insurers. But Eothing was to be paid directly on the 
 license, nor was any penalty imposed upon failure to take one. The price 
 of the license was to be a percentage on the premiums received for insur- 
 ances, each of which was to be stamped accordingly. Such a tax would 
 fall within any detinition of indirect taxation, and the form given to it 
 was apparently with the view of bringing it under class nine of section 
 ninety-two, which relates to licenses. In Keed's case (10 App. Ca. 141) 
 the tax was a stamp duty on exhibits produced in courts of law, which in 
 a great many, perhaps in most, instances would certainly not be paid by 
 the person first chargeable with it." 
 
 2 Ann. Eeg. 1878, pp. 189-194. The arbitrator for Ontario was Chief Jus- 
 tice Harrison ; for the dominion, Sir Francis Hjncks ; Sir Edward Thorn- 
 ton, British Minister at Washington, was the third, chosen by the two 
 conjointly.! 
 
 3 See Ont Stat. 42 Vict, c. 2. (Rev. Stat, of 1887, c. 4.) 
 
124 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 committee of the privy council, but before the case was 
 argued, the dominioa government withdrew, so that it 
 went before their lordships only as affects the boundary 
 between Ontario and Manitoba. At an early stage of the 
 proceedings, their lordships decided that the award was 
 not binding, inasmuch as no legislation had taken place 
 to give effect to the same, but they found at the same time 
 that " so much of the boundary lines laid down by that 
 award as relates to the territory now in dispute between 
 Ontario and Manitoba to be substantially correct." Their 
 lordships did not express an opinion 'as to the sufficiency 
 or otherwise of concurrent legislation of the provinces of 
 Ontario and Manitoba, and of the dominion of Canada," 
 but at the same time think it "desirable and most expedi- 
 ent that an imperial act of parliament should be passed to 
 make this decision binding and effectual." ' The result of 
 this decision was a final settlement of this vexed public 
 question. The Ontario government has taken all the 
 measures necessary to establish its jurisdiction in the ter- 
 ritory given to it by the decision in quesfion. As we have 
 already seen, the question that was subsequently raised 
 with respect to the title to the Indian lands in the dis- 
 puted territory was decided by the courts in favour of 
 Ontario.^ In 1889 the Imperial Parliament passed an act, 
 in accordance with an address from the Canadian parlia- 
 ment, declaring the westerly, northerly, and easterly 
 boundaries of Ontario and carrying out the decision of 
 the privy council.^ 
 
 XIV. Rules of Construction and Constitutional Principles deduced 
 from Judicial Decisions.— The most important questions which 
 have come before the privy council and the supreme 
 
 1 L. N. 1884, pp. 281-282. See remarks of Mr. Blake, Can. Hans. 1885, 
 pp. 17, 18 ; and of Sir J. A. Macdonald, lb., 23. Also April 13, 1888. 
 
 ^ See supra, 121. 
 
 ^ Imp. Stat. 52-53 Vict., c. 28 (at beginning of Can. Stat. 1890) ; Can. 
 Com. J. (1889) 385 ; Can. Hans. (1889) 1654-1658. See Ont. Rev. Stat. c. 4. 
 
RULES OP CONSTRUCTION. 125 
 
 court of Canada, have arisen upon the provisions of the 
 British North America Act, relating to the distribution of 
 legislative powers between the parliament of Canada and 
 the legislatures of the provinces, and in the words of the 
 privy council, "owing to the very general language in 
 which some of these powers are described, the question 
 is one of considerable difficulty." A learned judge of the 
 supreme court observes that " in construing the act, no 
 hard and fast canon or rule of construction can be laid 
 down and adopted, by which all acts passed, as well by 
 the parliament of Canada as by the local legislatures, upon 
 all and every question that may arise, can be effectually 
 tested as to their being or not being intra vires of the legis- 
 lature passing them." The nearest approach to a rule of 
 general application that has been attempted in the courts 
 of Canada, with a view to reconcile the apparently con- 
 flicting legislative powers under the act, is with respect 
 to property and civil rights, over which exclusive legisla- 
 tive authority is given to the local legislatures : that, as 
 there are many matters involving property and civil 
 rights expressly reserved to the dominion parliament, the 
 power of the local legislatures must, to a certain extent, 
 be subject to the general and special legislative powers of 
 the dominion. But while the legislative rights of the 
 local legislatures are, in this sense, subordinate to the 
 rights of the dominion parliament, these latter must be 
 exercised, so far as may be, consistently with the rights 
 of the local legislatures, and therefore the dominion par- 
 liament would only have the right to interfere with pro- 
 perty and civil rights in so far as such interference may 
 be necessary for the purpose of legislating generally and 
 effectually in relation to matters confided to the parlia- 
 ment of Canada.' On this same point the priA^y council 
 
 ' Eitchie, C. J., in The Queen v. Eobertson, Can. Sup. Court E., vol. vi., 
 110-11. Also, Valin v. Langlois, vol. iii. 15 ; The Citizens Insurance Co. v. 
 Parsons, vol. iv. 242. 
 
126 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 appears lo take a similar view : It is therefore to be 
 presumed, indeed, it is a necessary implication, that the 
 imperial statute, in assigning to the dominion parliament 
 the subjects of bankruptcy and insolvency, intended to 
 confer on it legislative power to interfere with pro- 
 perty, civil rights, and procedure, within the province, 
 so far as a general law relating to those subjects might 
 affect them.^ 
 
 The judicial committee of the privy council have en- 
 deavoured to lay down certain principles which should 
 guide those who are called upon to interpret the Union 
 Act. The first step to be taken, with a view to test the 
 validity of an act of a provincial legislature is to con- 
 sider whether the subject-matter falls within any of the 
 classes of subjects enumerated in section ninety- two, which 
 states the legislative powers of the provincial legislatures. 
 If it does not come within any of such classes, the pro- 
 vincial act is of no validity. If it does, these further 
 questions may arise, viz., whether the subject of the act 
 does not only fall within one of the enumerated classes of 
 subjects in section ninety-one, which states the legislative 
 power of the dominion parliament, and whether the 
 power of the provincial legislature is, or is not, thereby 
 overborne.^ 
 
 The same eminent authority has in another judgment ' 
 expressed the following opinion : 
 
 1 Sir M. E. Smith in Gushing v. Dupuy, 5 App. Ca. 415. 
 
 ^ Dobie V. The Temporalities Board of the Presbyterian Church in 
 Canada, 7 App. Cas., 136 ; Cartwright, i., 367. In Steadman v. Robertson (2 
 Pug. and Bur., 580) one of the judges of the supreme court of New Bruns- 
 ■wiclt expressed the opinion : " The B. N. A. Act is distributive merely 
 in respect to powers of legislation exercisable by the dominion parlia- 
 ment and by the local legislatures respectively, and the dominion parlia- 
 ment may not intrench upon property and civil rights which are under 
 the guardianship and subject to the power of the local legislatures, ex- 
 cept to the extent that may be required to enable parliament to 'work 
 out ' the legislation upon the particular subject specially delegated to it." 
 
 ^ The Citizens & Queen Insurance Co., v. Parsons, Eep. 45, L. T. N. S. 
 721 ; Cartwright, i., 271-273. 
 
RULES OF CONSTRUCTION. 12*7 
 
 " That it must have been foreseen that some of the 
 classes of subjects assigned to the provincial legislatures 
 unavoidably ran into, and were embraced by, some of the 
 enumerated classes of subjects in section ninety-one ; 
 hence an endeavour appears to have been made to pro- 
 vide for cases of apparent conflict ; and it would seem 
 that with this object it was declared in the second branch 
 of the ninety-first section, ' for greater certainty, but not 
 so as to restrict the generality of the foregoing terms of 
 this section,' that (notwithstanding anything in the act) 
 the exclusive authority of the parliament of Canada 
 should extend to all matters coming within the classes 
 of subjects enumerated in that section. Notwithstanding 
 this endeavour to give pre-eminence to the dominion par- 
 liament in cases of a conflict of powers, it is obvious that 
 in some cases where this apparent conflict exists, the 
 legislature could not have intended that the powers ex- 
 clusively assigned to the provincial legislature should 
 be absorbed in those given to the dominion parliament. 
 Take as one instance the subject ' marriage and divorce,' 
 contained in the enumeration of subjects in section ninety- 
 one. It is evident that solemnization of marriage would 
 come within this general description ; yet ' solemnization 
 of marriage in the province ' is enumerated among the 
 classes of subjects in section ninety-two, and no one can 
 doubt, notwithstanding the general language of section 
 ninety-one, that this subject is still within the exclusive 
 authority of the legislatures of the provinces. So ' the 
 raising of money by any mode or system of taxation ' is 
 enumerated among the classes of subjects in section 
 ninety-one ; but though the description is sufficiently 
 large and general to include ' direct taxation within the 
 province, in order to the raising of a revenue for pro- 
 vincial purposes,' assigned to the provincial legislatures 
 by section ninety-two, it obviously could not have been 
 intended that, in this instance also, the general power 
 
128 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 should override the particular one. "With regard to cer- 
 tain classes of subjects, therefore, generally described in 
 section ninety-one, legislative power may reside as to 
 some matters, falling within the general description of 
 these subjects, in the legislatures of the provinces. In 
 these cases, it is the duty of the courts, however difficult 
 it may be, to ascertain in what degree, and to what ex- 
 tent, authority to deal with matters falling within these 
 classes of subjects exists in each legislature, and to define, 
 in the particular case before them, the limits of their re- 
 spective powers. It could not have been the intention 
 that a conflict should exist, and, in order to prevent such 
 a result, the language of the two sections must be read 
 together, and that of one interpreted and, where neces- 
 sary, modified by that of the other. In this way it may, 
 in most cases, be found possible to arrive at a reasonable 
 and practical construction of the language of the sections 
 so as to reconcile the respective powers they contain, and 
 give effect to all of them. In performing this difficult 
 duty, it will be a wise course for those on whom it is 
 thrown to decide each case w^hich arises as best they can, 
 without entering more largely upon an interpretation of 
 the statute than is necessary for the decision of the par- 
 ticular question in hand." 
 
 In giving a digest of the most important judicial deci 
 sions on questions of legislative jurisdiction, the writer 
 has not so far attempted any comment upon the many 
 points that naturally suggest remark, but has thought it 
 the wisest course in a work of this character to allow the 
 reader to study out each subject for himself and form his 
 own conclusions in matters of doubt. In reviewing these 
 decisions, however, certain constitutional principles may 
 be evolved for the guidance of those engaged in the 
 working out of the federal system of the dominion, and 
 to some of these the writer may not inappropriately refer. 
 
 The dominion parliament and the provincial legisla- 
 
RULES OF CONSTRUCTION. . 129 
 
 tures are sovereign bodies witMn their respective consti- 
 tutional limits. "While the dominion parliament has 
 entrusted to it a jurisdiction over matters of national 
 import, and possesses besides a general power to legislate 
 on matters not specifically reserved to the local legisla- 
 tures, the latter nevertheless have had conferred upon 
 them powers as plenary and ample within the limits 
 prescribed by the constitutional law as are possessed by 
 the general parliament. ^ 
 
 In interpreting the constitution, prescribing the limits 
 of the respective legislative authorities in the dominion, 
 every care should be taken to consider each case as it 
 arises, and to determine the true nature and character of 
 the legislation in the particular instance under discussion 
 in order to ascertain the class of subjects to which it 
 really belongs.^ 
 
 In all cases, each legislative body should act within the 
 sphere of its clearly defined powers ; and the dominion 
 parliament should no more extend the limits of its juris- 
 diction by the generality of the application of its law, 
 than a local legislature should extend its jurisdiction by 
 localising the application of its own statute.^ 
 
 The parliament of Canada has a right to interfere with 
 matters of property, civil rights and procedure in a pro- 
 vince, when it is necessary for the purpose of legislating 
 generally and efiectually in relation to matters which 
 fall properly within the jurisdiction of the general legis- 
 lature.* 
 
 ' Supra, 112. 2 jj, 128. 
 
 ^ Legal News on Hodge v. the Queen, Jan. 26, 1884. "The federal par- 
 liament cannot extend its own jurisdiction by a territorial extension of 
 its laws, and legislate on subjects constitutionally provincial, by enacting 
 them for the whole dominion, as a provincial legislature cannot extend 
 its jurisdiction over matters constitutionally federal, by a territorial 
 limitation of its laws, and legislate on matters left to the federal power, 
 by enacting them for the province only, as, for instance, incorporate a 
 bank for the province." Taschereau J., Can. Sup. Court R., iv. 310. 
 
 * Supra, 125. 
 9 
 
130 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 The federal parliament must have ''a free and unfet- 
 tered exercise of its powers" -with respect to matters 
 placed under its control, even though such exercise may- 
 interfere with some of the po-wers left under provincial 
 control.^ The exercise of the powers of the local legisla- 
 tures, in those cases, must necessarily- be subject to such 
 regulations as the dominion may lawfully prescribe.' 
 
 But it is reasonable to assume that the right of the 
 federal parliament to legislate in this particular is limited 
 to such legislation as is absolutely necessary to give full 
 effect to its lawful powers. It cannot be argued from the 
 most strained interpretation of the constitution that the 
 federal legislature should, in the exercise, for instance, of 
 its general power to regulate trade and commerce, or to 
 provide for the peace, order, or good government of 
 Canada, obliterate the jurisdiction of the local legislatures 
 over matters of a purely provincial or municipal char- 
 acter, or assume full control over civil rights and pro- 
 perty.* 
 
 Parliament may give powers to a railway or other 
 company to expropriate and hold lands, as a necessary 
 incident to its right to create such companies ; * but it 
 cannot lawfully prescribe the terms and conditions on 
 which the conveyance of real estate is to be made to a 
 corporate body, but should leave all laws in each pro- 
 vince to operate as to such conveyance.^ Nor does its 
 authority to legislate for the regulation of trade and com- 
 merce comprehend the power to regulate by legislation 
 the contracts of a particular business or trade, as such 
 contracts are matters of civil rights which fall within the 
 jurisdiction of the provincial legislatures." 
 
 ' Can. Sup. Court K., iv. 308, Taschereau, J. 
 
 ' lb. 242, Ritchie, C. J. 
 
 ■ lb. 272, Fournier, J. 
 
 ' Can. Hans. [1882], 433 (Mr. Mills). 
 
 ^ Can. Com. J. (1883) 326. 
 
 ''■ Supra, 96, 97. 
 
RULES OP CONSTRUCTION. 131 
 
 Parliament itself has, on more than one occasion, re- 
 cognized the necessity of giving full scope to the powers 
 of the provincial legislatures. For instance, it has re- 
 fused to embody in an act such clauses as would practi- 
 cally nullify the provisions of a local statute, wholly 
 within the jurisdiction of the local sovereignty, whicih 
 had, in the first instance, created the corporation.^ 
 
 On the other hand, the local legislatures, whose powers 
 are limited compared with those of the general parlia- 
 ment, must be careful to confine the exercise of these to 
 the particular subjects expressly placed under their juris- 
 diction, and not to encroach upon subjects which, being 
 of national importance, are, for that very reason, placed 
 under the exclusive control of parliament.^ 
 
 No conflict of jurisdiction need arise because subjects 
 which, in one aspect and for one purpose, fall within the 
 powers of the dominion legislature, may, in another 
 aspect and for another purpose, fall within the powers 
 of the local legislatures. The general authority, for 
 instance, possessed by the dominion to make laws relat- 
 ing to public order and safety, or regulating trade and 
 commerce, does not prevent the local legislature from 
 exercising its municipal powers with respect to the same 
 subjects.^ 
 
 Laws designed for the promotion of public order, safety, 
 or morals, belong to the subject of public wrongs rather 
 than to that of civil rights. The primary matter dealt 
 with by such legislation is the public order and safety — 
 a matter clearly falling within the general authority of 
 parliament to make laws for the order and good govern- 
 ment of Canada.* Consequently a uniform law passed 
 by the general legislature to promote temperance in the 
 dominion, does not conflict with the power possessed by 
 
 1 Ivfra, chap, xix., s. 3. 
 
 ' Can. Sup. Court R., iv. 347, Gwynne, J. 
 
 » Supra, 110, 111. * lb. 106. 
 
132 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 the local legislature to pass an act authorizing the mak- 
 ing of such police or municipal regulations of a merely- 
 local character as are necessary for the good govern- 
 ment of taverns and other places licensed to sell liquor 
 by retail.^ 
 
 Where a power is specially granted to one legislature, 
 that power will not be nullified by the fact that, indi- 
 rectly, it affects a special power granted to the other 
 legislature. "This is incontestable," says a learned judge, 
 " as to the power granted to parliament (section 91, last 
 paragraph),^ and probably is equally so as to the power 
 granted to the local legislature. In other words, it is only 
 in the case of absolute incompatibility that the special 
 power granted to the local legislature gives way." ' Such 
 a principle seems absolutely necessary to the eflB.cient 
 operation of the federal constitution. 
 
 In the inception of the confederation it was believed 
 by its authors that the care taken to define the respec- 
 tive powers of the several legislative bodies in the domi- 
 nion would prevent any troublesome or dangerous con- 
 flict of authority arising between the central and local 
 governments.* The experience of the past twenty years 
 has proved that it is inevitable in the case of every writ- 
 ten constitution, especially in the operation of a federal 
 system, that there should arise, sooner or later, perplex- 
 ing questions of doubt as to where power exists with res- 
 pect to certain matters of legislation. It has been some- 
 times urged in parliament ° that committees should be 
 
 ^ Supra, 111. 
 
 '' " And any matter coming within any of the classes of subjects enume- 
 rated in this section shall not be deemed to come within the class of 
 matters of a local or private nature comprised in the enumeration of the 
 classes of subjects by this Act assigned exclusively to the legislatures of 
 the provinces." 
 
 ^ Meredith, C. J., cited by Eamsay, J., 5 Leg. News, 333. 
 
 ' See remarks of Sir John Macdonald in 1865, Conf. Deb. 32. 
 
 ' The Senate rules provide for the reference of bills on which the ques- 
 
THE JUDICIARY. 133 
 
 organized in both houses to lay down rules or principles 
 for legislation, in order to prevent, as far as possible, any 
 conflict of jurisdiction. But it is questionable if political 
 bodies can ever be the safest interpreters of constitu- 
 tional law. It is in the courts that the solution must 
 be sought for the difficulties that arise in the working 
 of a federal constitution. As long as the courts of 
 Canada continue to be respected as impartial, judicious 
 interpreters of the law, and her statesmen are influenced 
 by a desire to accord to each legislative authority in the 
 dominion its legitimate share in legislation, dangerous 
 complications can hardly arise to prevent the harmo- 
 nious operation of a constitutional system, whose basis 
 rests on the principle of giving due strength to the cen- 
 tral government and at the same time every necessary 
 freedom to the different provinces which compose the 
 confederation. 
 
 XV. Position of the Judiciary.— Before closing this review oi 
 the constitution of Canada, it is necessary to refer briefly 
 to the position of the judiciary, which occupies a peculiarly 
 important status in a country possessing a written con- 
 stitution which must necessarily require to be interpreted 
 from time to time by accepted authorities.^ 
 
 tion of jurisdiction has been raised, to the committee of standing orders 
 and private bills. Infra, chap, xix., s. 4. 
 
 ' The supreme court of the United States is considered in the Federal- 
 ist, and the history of the American constitution proves the truth of the 
 words, " a bulwark of a limited constitution against legislative encroach- 
 ments." The meaning of the word " limited " is explained by Alexander 
 Hamilion : " By a limited constitution, I understand one which contains 
 certain specified exceptions to legislative authority, such, for instance, as 
 that it shall pass no bill of attainder, no ex post facto law, and the like 
 limitations of this kind can be preserved in practice in no other way than 
 through the medium of the courts of justice, whose duty it must be to 
 declare all acts contrary to the manifest tenor of the constitution void ; 
 without this, all the reservations of particular rights and privileges would 
 amount to nothing." Federalist, Ixxviii. See Bourinot, Federal Govern- 
 ment in Canada, 63 et seq. 
 
134 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 The administration of justice in the provinces, includ- 
 ing the constitution, maintenance, and organization of 
 provincial courts, both of civil and criminal jurisdiction, 
 and including procedure in civil matters in these courts, 
 forms a class of subjects placed by the fundamental law ' 
 within the exclusive control of the provincial legislatures. 
 In the province of Quebec the French law derived from 
 the Coutume de Paris, has come down from the days of the 
 French regime, and prevails in all civil matters, and the 
 civil laws of that territorial division, including those of 
 procedure, have been duly codified as the " Civil Code of 
 Lower Canada." ^ 
 
 In the other provinces, the sources of law are the com- 
 mon law of England, brought naturally into the country 
 by the English settlers, and the statutory laws passed from 
 time to time by the legislative authorities. The criminal 
 law is generally tiniform throughout the dominion, and 
 is under the jurisdiction of the parliament of Canada, 
 except so far as relates to the constitution of the courts.^ 
 The governor-general in council appoints the judges of 
 the superior, district and county courts in each province, 
 except those of the courts of probate in Nova Scotia and 
 New Brunswick.* The judges in Ontario, Quebec, Nova 
 Scotia, New Brunswick and Prince Edward Island'^ con- 
 
 ' B. N. A. Act, 1867, sub-s. 14, s. 92. 
 
 ^ See 29 Vict., c. 41, "An Act respecting the Civil Code of Lower Can- 
 ada, (.'Supplementary volume to Eev. Stat, of Canada, 1886.) Also Code de 
 Procedure Civile, mis au courant de la legislation, par M. Lorrain, 1886. 
 
 ■' B. N. A. Act, 1867, sub-s. 27, s. 91. 
 
 ■'16.96, justices of the peace, police and stipendiary magistrates are 
 appointed in each province by the lieutenant-governor in council. 
 
 = lb. 97. " Until the laws relative to property and civil rights in Ontario, 
 Nova Scotia and New Brunswick, and the procedure of the courts in those 
 provinces are made uniform, the judges of the courts of those provinces 
 appointed by the governor-general shall be selected from the respective 
 bars of those provinces." 98. " The judges of the courts of Quebec shall 
 be selected from the bar of that province." 
 
THE JUDICIARY. 135 
 
 tinue to be selected from the bars of their respective pro- 
 vinces. 
 
 The independence of the judiciary has been for very 
 many years recognized in Canada, as one of the funda- 
 mental principles necessary to the conservation of public 
 liberty. The judges are not dependent on the mere will 
 of the executive in any essential respect, nor on the 
 caprice of the people of a province, for their nomination 
 and retention in office, as in many of the states of the 
 American republic. Their tenure is as assured in Canada 
 as in England, and their salaries are not voted annually, 
 but are charged permanently on the civil list. In case 
 it is necessary to provide a salary, or increase of salary, 
 for a judge, the proper course is for the government to " 
 proceed by bill.^ The judges of the superior courts hold 
 office during good behaviour, and can only be removed 
 by the governor-general on address of the Senate and 
 House of Commons.^ In impeaching a judge for mis- 
 conduct in office, the House of Commons discharges one 
 of the most delicate functions entrusted to it by law. In 
 such a matter it cannot proceed with too great caution 
 and deliberation. Whenever charges of a serious char- 
 acter have been brought against a jndge, and responsible 
 persons have declared themselves prepared to support 
 such charges, it has been the practice to appoint a select 
 committee, to whom all the papers can be referred for a 
 
 1 See 31 Vict., c. 33. Eev. Stat, of Can., c. 138. B. N. A. Act, 1S67, 
 s. 100. 
 
 ^ B. N. A. Act, 1867, s. 99. This section does not apply to county- 
 court judges, whose removal for sufficient cause is provided for by 45 
 Vict., c. 12. It is, however, always competent for the House to address 
 the governor-general for the removal of such judicial officers, and the pro- 
 cedure in parliament should be as in the case of the superior court judges. 
 See case of W. McDermott, asst. barrister of Kerry, 150 E. Hans. (3), 
 1587, 1588; 90 Lords J., 221,237,239,244, 251,261. 'aIso Mr. Kenrick's 
 case, 13 Pari. Deb., N. S., 1138, 1425, 1433; 14 lb., 500-502, 511, 670-678. 
 Also remarks of Sir J. A. Macdonald and Mr. Blake, April 9, 1883, in the 
 Bothwell case, Can. Hans. 
 
136 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 thorough investigation. Since ISBT only two committees 
 of this character hare been formally appointed, but in 
 neither case did the inquiry result in the removal of the 
 judge whose character was impugned.^ It is usual to 
 have all the documents in the case printed in the first in- 
 stance without delay, so that the House and the persons 
 immediately interested may have due cognizance of the 
 nature of the charges against the judge.^ "Witnesses 
 should be examined on oath in all such cases.' All the 
 weight of authority in Canada, as in England, goes to 
 show that the House should only entertain charges, which 
 if proved, would justify the removal of the judge from the 
 . bench. It will be for the House, and especially for those 
 responsible for the administration of justice, to consider 
 w^hether the allegations are of such a nature, and sup- 
 ported by such authority, as demand an investigation at 
 their hands.* The proper and most convenient course is 
 for the persons who feel called upon to attack the charac- 
 ter of a judge to proceed by petition in which all the alle- 
 gations are specifically stated so that the judge may 
 have full opportunity of answering the indictment thus 
 
 'Case of Judge Lafontaine, Can. Com. J. (1867-8) 297, 344, 398 ; 2?>. 
 (1869) 135, 247. Of Judge Loranger, lb. (1877), 20, 25, 36, 132, 141, 258. A 
 committee was asked for in 1882 in the case of Chief Justice Wood, of 
 Manitoba, but never appointed. 
 
 2 Can. Com. J. (1867-8), 400 ; lb. (1877), 25, 132 ; lb. (1882), 192. Todd. 
 Pari. Govt, in England, ii. 876. 
 
 ' Can. Com. J. (1877), 36. At the time of the previous case, select com- 
 mittees had no power to administer oaths to witnesses. See chap. xvi. 
 on select committees, s. 11. 
 
 ■'See memorable cases of Baron Abinger and Sir Fitzroy Kelly, cited by 
 Todd, ii. 870, 871. In 1883 the Canadian House refused a motion to 
 inquire into the conduct of a judge in the discharge of his duties in con- 
 nection with a matter subjvdice. See remarks of Sir. J. A. Macdonald in 
 Bothwell election case, April 9, Can. Hans. In 1885 a senator who pre- 
 sented a petition in the senate asking for an investigation into certain 
 charges against a judge withdrew it on a statement from the minister of 
 justice that there was nothing in the charges alleged. Sen. Deb. (1885) 
 108. 
 
THE JUDICIARY. 131 
 
 presented against him.^ But the action of parliament may 
 originate in other ways, if the public interest demand 
 it, and there is no objection to a member formulating 
 charges on his own responsibility as a member of the 
 legislature having a grave duty to discharge.^ The con- 
 stitutional usage of the parent state also requires that in 
 any address asking for the removal of a judge "the acts of 
 misconduct which have occasioned the adoption thereof 
 ought to be recapitulated, in order to enable the sovereign 
 to exercise a constitutional discretion in acting upon the 
 advice of parliament." In cases where this very proper 
 rule has not been followed, the Crown has refused to give 
 effect to the address,'' though passed by a colony enjoying 
 responsible government, because "in dismissing a judge, 
 in compliance with addresses from a local legislature and 
 in conformity with law, the queen is not performing a 
 mere ministerial act, but adopting a grave responsibility, 
 which her Majesty cannot be advised to incur without 
 satisfactory evidence that the dismissal is proper.' 
 
 . '! 3 
 
 "We have now briefly reviewed the most important 
 phases in the development of the constitutional system of 
 the dominion of Canada. "We have seen how the auto- 
 cratic, illiberal government of New France, so repressive 
 of all individual energy and ambition, gave place, after the 
 conquest, to representative institutions well calculated to 
 stimulate human endeavour and develop national char- 
 acter. Step by step we have followed the progress of 
 those free institutions which are now in thorough unison 
 with the expansion of the provinces in wealth and popu- 
 
 ' Sir J. A. Macdonald, April 9, 1883, Can. Hans., Bothwell case. Cases 
 of Judge Fox and Judge Kenrick, cited in Todd, ii. 862, 865. 
 
 ' Case of Baron McLeland, 74 E. Com. J., 493 ; 11 Pari. Deb., 850-854. 
 
 ^ Todd ii. 904. Corresp. relative to Judge Boothby, English Com, P., 
 1862, vol. xxxvii. 180-184. 
 
138 PARLIAMENTARY INSTITUTIONS IN CANADA. 
 
 lation. At last we see all the provinces politically united 
 in a confederation, on the whole carefully conceived and 
 matured ; enjoying responsible government in the com- 
 pletest sense, and carrying out at the same time, as far as 
 possible, those British constitutional principles which 
 give the best guarantee for the liberties of a people. "With 
 a federal system which combines at once central strength 
 and local freedom of action ; with a permanent executive 
 independent of popular caprice and passion ; with a judi- 
 ciary on whose integrity there is no blemish, and in 
 whose learning there is every confidence ; with a civil 
 service resting on the firm basis of freedom from politics 
 and of security of tenure ; with a people who respect the 
 law and fully understand the workings of parliamentary 
 institutions, the dominion of Canada need not fear com- 
 parison with any other country in those things which 
 make a community truly happy and prosperous.' 
 
 ' The words of the Marquis of Lorne, in reply to the farewell address of 
 the parliament of Canada, 25th May, 1883, may be appropriately cited 
 here as the impartial testimony of a governor-general after some years' 
 experience of the working of Canadian institutions: — 
 
 "A judicature above suspicion ; self-governing communities entrusting 
 to a strong central government all national interests ; the toleration of all 
 faiths, with favour to none ; a franchise recognizing the rights of labour, 
 by the exclusion only of the idler ; the maintenance of a government not 
 privileged to exist for any fixed term, but ever susceptible to the change 
 of public opinion, and ever open, through a responsible ministry, to the 
 scrutiny of the people : — these are the features of your rising power." 
 
CHAPTER II. 
 
 THE SENATE AND HOUSE OF COMMONS. 
 
 I. Senators.— II. Introduction of Senators.— III. Members of the House 
 of Commons.- IV. Election of Members.— Dominion Franchise.— V. 
 Franchise in the Provinces.— VI. Controverted Elections.— VII. Dual 
 Representation.- VIII. Independence of Parliament.— IX. Issue of 
 Writs.— X. Resignationof Members— Double Returns, etc. — XI. Intro- 
 duction of Members.— XII. Attendance of Members.— XIII. Members' 
 Indemnity.— XIV. Expulsion and Disqualification of Members.— XV. 
 Suspension of Members.— XVI. Questions aifecting Members referred 
 to Committees.— XVII. Places in the House. 
 
 I. The Senate. -When the parliament of Canada met for 
 the first time in ISeT, the Senate consisted of *72 mem- 
 bers, called senators — 24 for Ontario, 24 for Quebec, and 
 24 for Nova Scotia and New Brunswick, these two mari- 
 time provinces being considered one division.^ Subse- 
 quently, the provinces of Manitoba and British Columbia 
 were admitted into the confederation, and the Northwest 
 Territories given a representation in the two houses, and 
 the number of senators has been consequently increased 
 to 80 in all — Manitoba having at present three members,^ 
 British Columbia three ^ and the Northwest Territories 
 two/ Prince Edward Island has also entered the union 
 
 ' B. N. A. Act, 1867, ss. 21 and 22. 
 
 ^ Under Dom. Stat. 33 Vict. c. 3, s. 3, Manitoba is to have two mem- 
 bers until it shall have a population of 50,000, and then it shall have 
 three ; and four, when the population has reached 75,000 souls. The 
 census of 1881 gave Manitoba a population of 65,954, and consequently 
 another member was added to the Senate. Rev. Stat, of Can. c. 12. 
 
 'Can. Com. J. (1871) 195. Dom. Stat, for 1872, Orders in Council, 
 p. Ixxxviii. 
 
 * Dom. Stat. [1888] c. 3. See mpra, 47. 
 
140 THE SENATE AND HOUSE OF COMMONS. 
 
 since 186Y, and has a representation of four members, but 
 as this province is comprised in the maritime division of 
 the Senate, its admission has not increased the number 
 of senators in the aggregate.^ The senators who are 
 nominated by the Crown, must each be of the full age of 
 thirty years, natural-born or naturalized subjects, resident 
 in the province for which they are appointed, and must 
 have real and personal property worth $4,000 over and 
 above all debts and liabilities. In the case of Quebec a 
 senator must have his real property qualification in the 
 electoral division for which he is appointed, or be resi- 
 dent therein.- Every senator must take the oath of alle- 
 giance and make a declaration of his property qualifica- 
 tion before taking his seat.^ In 1880 it was deemed ex- 
 pedient to adopt a resolution which will have the effect 
 of showing that the members of the Senate continue to 
 have the property qualification required by law. This 
 resolution is to the effect that " within the first twenty 
 days of the first session of each parliament every member 
 shall make and file with the clerk a renewed declaration 
 of his property qualification, in the form prescribed in the 
 fifth schedule annexed to the B. N. A. Act, 1861." The 
 clerk shall " immediately after the expiration of each 
 period of twenty days, lay upon the table of the House a 
 list of the members who have complied with the rule." * 
 In case members arrive too late to make the declaration 
 within the stated period, then it is usual for a minister 
 
 ^ British N. A. Act, 1867, s. 147. This section provides that after the 
 admission of P. E. Island, " the representation of Nova Scotia and New 
 Brunswick in the Senate shall, as vacancies occur, be reduced from twelve 
 to ten members respectively, and the representation of each of those pro- 
 vinces shall not be increased at any time beyond ten, except under the pro- 
 visions of this act for the appointment of three or six additional senators 
 under the direction of the Queen." 
 
 ^ B. N. A. Act, 1867, s. 23. See app. A to this worlj. ■> lb., s. 128. 
 
 * Sen. Han. (1880)273; Jour. 152. The resolution provided also that 
 the hst should be laid for the first time on the table in the session of 1880- 
 
THE SENATE. 141 
 
 to move formally that the clerk be authorized to receive 
 their declarations ia due form.^ Senators who have been 
 unable from sufficient cause to attend during the session 
 and make the necessary declaration before the clerk, have 
 been permitted to sign it before a justice of the peace 
 — such declaration being deemed sufficient on formal 
 motion.^ In 1883, the Senate was satisfied with a decla- 
 ration signed and transmitted to the clerk, by a senator 
 suffering from paralysis.* 
 
 The queen may, on the recommendation of the gov- 
 ernor-general, direct that three or six members be added 
 to the Senate, representing equally the three divisions of 
 Canada. In case of any such addition being made, the 
 governor-general shall not summon any new member 
 " except on a further like direction by the queen on the 
 like recommendation until each of the three divisions of 
 Canada are represented by 24 members and no more."* 
 The number of senators is fixed by the British North 
 America Act, ISBT, at TS, but it is also provided that " in 
 case of the admission of Newfoundland the normal num- 
 
 81, which was accordingly done. Jour. (1880-81) 56-58 ; lUd. (1883), 54- 
 55, 68; J6id (1887),42. 
 
 1 Jour. (1880-81) 58, 60; Hans. 56. Jour. (1883) 105, 110. lb. (1887) 44, 
 71, 86. A declaration has also been received in a subsequent session. 
 Jour. (1882) 25, 40. '^ Jour. (1883) 73, 86. 
 
 '' lUd. (1883) 55 ; Hans. 54. The clerk made a special report on the 
 subject. 
 
 * B. N. A. Act, ss. 26, 27. See Sen. Deb. (1877) 87-94; Com. Deb. (1877) 
 371, for discussion on a case in which the queen refused to appoint ad- 
 ditional senators under section 26. Also Todd's Pari. Gov. in the Colo- 
 nies, 164. The Earl of Kimberly, in his despatch on the subject, stated 
 that her Majesty could not be advised to take the responsibility of inter- 
 fering with the constitution of the Senate, except upon an occasion when 
 it had been made apparent that a diflference had arisen between the two 
 houses of so serious and permanent a character that the government 
 could not be carried on without her intervention, and when it could be 
 shown that the limited creation of senators allowed by the act would 
 apply an adequate remedy.'' The Senate, on the receipt of this despatch, 
 passed resolutions approving of the course pursued by her Majesty's gov- 
 ernment. Jour. 180, 134. 
 
142 THE SENATE AND HOUSE OP COMMONS- 
 
 ber of senators shall be 16, and their maximum number 
 shall be 82 " ' Subsequently provision was made for addi- 
 tional representation from the Territories.^ Senators hold 
 their seats for life, subject to the provisions of this act, 
 but they may, at any time, resign by writing under 
 their hand, addressed to the governor-general. The 
 place of senator shall become vacant, if he is absent for 
 two consecutive sessions, if he becomes a bankrupt, or 
 insolvent, or applies for the benefit of any law relating 
 to insolvent debtors or becomes a public defaulter; if 
 he becomes a citizen or subject of any foreign power ; if 
 he is attainted of treason or convicted of any infamous 
 crime ; if he ceases to be qualified in respect of pro- 
 perty or residence ; provided that he shall not be consi- 
 dered disqualified in respect to residence on account of 
 his residing at the seat of government, while holding 
 an ofiice in the administration. "When a vacancy happens 
 in the Senate, by resignation, death or otherwise, the 
 governor-general shall, by summons to a fit and proper 
 person, fill the vacancy. If any question should at any 
 time arise respecting the qualification of a senator or 
 a vacancy in the Senate, the same must be heard and 
 determined by that house.^ The 10th rule of the Senate 
 provides : 
 
 " If for two consecutive sessions of parliament any senator has 
 failed to give his attendance in the Senate, it shall be the duty 
 of the clerk to report the same to the Senate, and the question 
 of the vacancy arising therefrom shall, with all convenient speed, 
 be heard and determined by the Senate." 
 
 In accordance with the foregoing order the clerk re- 
 
 1 B. N. A. Act, ss. 28, 147. 
 
 '' Imp. Stat. 49-50 Vict. c. 35, App. D to this work. 
 
 " B. N. A. Act, ss. 29, 30, 31, 32, 33. A peer who has been adjudged a bank- 
 rupt cannot sit and vote in the House of Lords, 34 and 35 Vict., c. 50, Imp. 
 Stat. ; 104 Lords' J., 138, 206, 321, 322, 342, 429. See remarks of Sen. Bots- 
 ford, Hans. (1884) 118, that all questions of disqualification must be in- 
 vestigated by the House itself. 
 
THE INTRODUCTION OF SENATORS. 143 
 
 ported in WlB, for the information of the Senate, that Sir 
 Edward Kenny, one of the senators from Nova Scotia, had 
 been absent from his seat for two consecutive sessions. 
 The committeeof privileges, to whom the matter was im- 
 mediately referred, reported that Sir Edward Kenny had 
 vacated his seat, and that the House should so declare and 
 determine in pursuance of the thirty-third section of the 
 British North America Act, 1861. The report of the 
 committee having been formally adopted, the Senate 
 agreed to an address to the governor-general setting forth 
 the facts in the case/ In another case, in 1884, the report 
 of the committee of privileges, declaring the seat vacant, 
 was before its adoption communicated to the absent 
 member, in case he had any representation to make in the 
 matter. No reply was received and the seat was declared 
 vacant in due form.^ 
 
 n. The Introduction of Senators— The practice of introducing 
 new senators is invariable in the upper chamber. The 
 speaker will state to the House whenever the clerk has 
 received a cerlificate from the clerk of the Crown in chan- 
 cery that a new member has been summoned to the Sen- 
 ate. He will then inform the House : "Honourable gen- 
 tlemen, a new member is without, ready to be intro- 
 duced." The new member is then introduced between 
 two senators, and presents at the table her Majesty's writ 
 of summons, which is read by the clerk, and put upon 
 the journals. He will then subscribe the oath before 
 the clerk (one of the commissioners appointed for that 
 purpose) ^ by repeating the words after that officer. That 
 
 > Sen. J. (1876) 188, 189, 205, 206 ; Deb., 299, 314, 324. The Senate, at the 
 same time, conveyed to Sir Ed.ward Kenny an expression of regret at the 
 severance of the ties which had hitherto connected them. See a similar 
 proceeding in the old legislative council of Canada, Jour. (1857), 66-7. 
 
 ^Case of Mr. Dickson, Sen. J. (188i) 37, 39, 53, 70, 71 ; Hans., 67,114. 
 Case of Mr. Alexander, 1891. Attendance on a committee is equivalent 
 to attendance in the Housa See remarks of Sir A, Campbell, minister 
 of justice, Hans. (1884) 117. 
 
 » By s. 128 of B.N.A. Act, 1867. 
 
144 THE SENATE AND HOUSE OP COMMONS. 
 
 having been done, the new member signs the roll, and 
 then makes obeisance to the speaker, who, shaking hands 
 with him, indicates the seat he is to occupy, and to 
 which he is conducted by the members who introduced 
 him. The speaker will finally acquaint the house that 
 the new senator had also formally subscribed the declar- 
 ation of qualification required by the British North 
 America Act, 1867/ 
 
 III. The House of Commons.— In 1867, the House consisted 
 of 181 members in all, distributed as follows : Ontario, 
 82 members ; Quebec, 65 ; Nova Scotia, 19 ; New Bruns- 
 wick, 15. But the British North America Act, 1867, pro- 
 vides ^ for additional representation under certain condi- 
 tions. Quebec shall have the fixed number of 65 mem- 
 bers. Each of the other provinces shall be assigned such 
 a number of members as will bear the same proportion to 
 the number of its population (ascertained at each decen- 
 nial census) as the number 65 bears to the number of the 
 population of Quebec. Only a fractional part exceeding 
 one-half of the whole number requisite to entitle the pro- 
 vince to a member shall be regarded in computing the 
 members for a province — such fractional part being con- 
 sidered equivalent to the whole number. In case of re- 
 adjustment after a decennial census the number of mem- 
 bers for a province shall not be reduced "unless the pro- 
 portion which the number of the population of the pro- 
 vince bore to the number of the aggregate population of 
 Canada at the then last preceding readjustment of the 
 number of members for the province is ascertained at the 
 then latest census to be diminished by one-twentieth part 
 
 1 Sen. J., (1867-8) 165, 177, 178 ; lb, (1 877) 14, 26, &c., lb. 1883) 20, 23, &c. 
 lb. (1890) 3-7. The above form of procedure is as given in the Journals, 
 but practically the speaker is previously informed by the clerk that 
 the new senator has subscribed the declaration of qualification. The 
 declaration is made in the clerk's office, but the oath is taken in the 
 Senate. 
 
 2 B.N.A. Act, s. 51. 
 
THE HOUSE OF COMMONS. 145 
 
 or upwards " Such readjustment, however, could not 
 take effect " until the termination of the then existing par- 
 liament." It is also provided that the number of mem- 
 bers may be from time to time increased provided that 
 the proportionate representation prescribed in the act is 
 not thereby disturbed.^ 
 
 In accordance with section 51, the representation of the 
 people in the House of Commons was rearranged in 18*72, 
 after the taking of the decennial census of IS'Zl. Ontario 
 received six additional members ; Nova Scotia, 2 ; New 
 Brunswick, 1 ; Quebec, remained the same.^ On the ad- 
 mission of Manitoba,^ she received four members ; British 
 Columbia, 6*; Prince Edward Island, 6.^ Consequently 
 until 1882 the total number of members in the House of 
 Commons was 206. In the session of 1882 the represen- 
 tation was again readjusted,^ and the province of Ontario 
 received 4 additional members, and the province of Mani- 
 toba one. In 1886 provision was made for the represen- 
 tation of the Northwest Territories in the House of Com- 
 mons/ Under these statutes the total representation 
 until 1891 was 215 members,^ distributed as follows : On- 
 
 ' B. N. A. Act, 1867, s. 52. 
 
 ' 35 Vict, e. 13, s. 1, Dom. Stat. 
 
 ' See lb. s. 1 ; 33 Vict., c. 3, s. 4, Dom. Stat. 
 
 * Can. Com. J. (1871), 195 ; Dom. Stat. 1872, Orders in Council, Ixxxviii. 
 
 5 Can. Com. J. (1873), 402 ; also Order in Council, Dom. Stat, 1873, xxiii. 
 
 *45 Vict., c. 3. The readjustment of the Ontario constituencies was op- 
 posed in the Commons. See Hansard (1882), 1356 et seq. A great num- 
 ber of amendments were proposed at various stages, Journals, 410-412. 
 By this legislation the old boroughs of Niagara and Cornwall were 
 attached to the electoral districts of Lincoln and Stormont respectively, 
 8. 2, sub-ss. 1 and 19. See Rev. Stat, of Can., c. 6. 
 
 ' 49 Vict., c. 24 ; Rev. Stat, of Can., c. 7. 
 
 ^ This is a large representation for a population of less than five millions 
 as compared with the 356 members who now represent over 62,000,000 in 
 Congress. The census of 1881 gave Ontario 1,923,218 souls ; Quebec, 
 1,359,027 ; Nova Scotia, 440,572 ; New Brunswick, 321,223 ; Manitoba, 
 65,954 ; British Columbia (including Indians) 49,459 : Prince Edward 
 Island, 108,891 ; N.W.T., 66,446. 
 10 
 
146 THE SENATE AND HOUSE OF COMMONS. 
 
 tario, 92 ; Quebec, 65 ; Nova Scotia, 21 ; New Brunswick, 
 16 ; Manitoba, 5 ; British Columbia, 6 ; Prince Edward Is- 
 land, 6 ; Northwest Territories, 4.^ 
 
 IV. The Election of Members to the House of Commons.— Dominioa 
 Franchise.— It is provided by the 41st section of the British 
 North America Act, 186*7 : 
 
 " Until the Parliament of Canada otherwise provides, all laws 
 in force in the several provinces at the time of the union relative 
 to the following matters, or any of them, namely, the qualifica- 
 tions and disqualifications of persons to be elected, or to sit as 
 members of the legislative assemblies in the several provinces, 
 the voters at elections of such members, the oaths to be taken by 
 voters, the returning oiScers, their powers and duties, the pro- 
 ceedings at elections, the periods during which elections may be 
 continued, the trial of controverted elections, and proceedings 
 incident thereto, the vacating of the seats of members, and the 
 execution of new writs in case of seats vacated otherwise than 
 by dissolution — shall respectively apply to elections of members 
 to serve in the House of Commons for the same several pro- 
 vinces." 
 
 In ISTl and subsequent years. Parliament passed 
 several acts ^ of a temporary character, and it was not 
 until the session of 18*74 that more complete provision 
 was made for the election of members of the House of 
 Commons.^ This law dispenses with public nominations,* 
 and provides for simultaneous polling at a general elec- 
 tion — a provision which had existed for years in the pro- 
 vince of Nova Scotia. No qualification in real estate is 
 now required of any candidate for a seat in the House of 
 Commons,^ but he must be either a natural-born subject 
 
 1 Dom. Stat. 50-51 Vict., c. 4. 
 
 2 34 Vict. c. 20 ; 35 Vict. cc. 14, 16, 17; (the two last chapters provided 
 merely for election purposes in counties of Victoria and Inverness, N. S.) 
 36 Vict c. 27. 
 
 ' 37 Vict. c. 9. See Eev. Stat, of Can., c. 8. 
 
 * The open nomination of candidates was abolished in England by 35 
 and 36 Vict. (1872), c. 33. 
 
 '^ The property qualification had been previously abolished in England 
 
THE ELECTION OF MEMBERS. 14'7 
 
 of the queen, or a subject of the queen naturalized by an 
 act of the parliament of G-reat Britain, or of the parlia- 
 ment of the United Kingdom of G-reat Britain and Ire- 
 land, or of the legislature of one of the provinces of 
 Canada, or of the parliament of the dominion/ All per- 
 sons qualified to vote for members of the legislative as- 
 semblies of the several provinces comprising the dominion 
 could until 1885 vote for members of the House of Com- 
 mons for the several electoral districts comprised within 
 such provinces respectively ; and the lists of voters used 
 in the election of representatives to the legislative assem- 
 blies, were used at the election of members ef the House 
 of Commons. Provision was also made in the same act 
 for voting by ballot. In the session of 18*78 the act was 
 amended with the view of ensuring greater secrecy in the 
 ballot system, the use of envelopes being discarded.^ 
 Open voting now prevails in the Northwest Territories 
 of Canada only.* 
 
 In the session of 1885, Parliament, after a remarkably 
 prolonged debate in the House of Commons,* passed an 
 acf^ providing a uniform franchise for the dominion, 
 exclusive of the Northwest Territories, which were not 
 
 in 1858 by 21 and 22 Vic. c. 26. For debate, see 150 E. Hans. (3) 222, 576, 
 1421, 1829, 1919, 2086. 
 
 ^ By sub. s. 25 of s. 91, of B. N. A. Act, 1867, naturalization and aliens 
 are now among matters falling under the exclusive legislative authority 
 of the parliament of Canada. 
 
 2 41 Vict., c. 6, Dom. Stat. Can. Hans. (1878) 1844, 2073, 2116, 2160. 
 The secret ballot was established in 1872 in England (except in case of 
 university elections) by 35 and 36 Vict. c. 33. The dominion act of 1878 
 also provides for a recount of votes by a judge (sec. 14). See Eev. Stat. 
 of Can., c 8. ^ 
 
 ' Eev. Stat, of Can., c. 7, s. 51. ^ See infra, chap. vii. s. 6. 
 
 » Eev. Stat, of Can., c. 5, am. by 52 Vict. c. 9 ; 53 Vict. c. 8. For acts 
 suspending revision of lists see infra, 151, 152. On several occasions pre- 
 vious to 1867, drafts of acts were submitted to the House of Commons 
 but none of the measures were pressed. See Mr. Blake's speech on the 
 bill of 1885, April 18th, Hansard, for different proposals to deal with this 
 question. 
 
148 
 
 THE SENATE AND HOUSE OF COMMONS. 
 
 then represented. Every male person registered in accor- 
 dance with the statute, of the full age of twenty-one 
 years, a British subject by birth or naturalization, and 
 
 Title op Voter.^ 
 
 Period or Ownekship or 
 
 Possession op Premises, oe 
 
 Eesidbnoe in the Blec 
 
 TOEAL DiSTEIOT. 
 
 Qualifying Value. 
 
 Heal Property Franchise. 
 {!) Ownei — - 
 
 (a) in his own right, 
 (i) in right of wife . . 
 (c) his wife owner... 
 
 (2) Occupant- 
 
 Ownership at the date of I 
 the revision of the list. 
 
 (a) in his own right. . . 
 (6) in right of wife. . . . 
 (e) his wife occupant.. 
 
 (3) Farmer's Son — 
 
 (a) Father owner.. 
 (6) Mother owner. . 
 
 (4) Owner's son — 
 
 in) Father owner. 
 C6) Mother owner. . 
 
 Possession one year be- 
 fore being placed on the 
 list, or application there- 
 for. 
 
 (5) Tenant. 
 
 (6) Tenant- Farmer's son — 1 
 
 (a) Father tenant, 
 (i) Mother tenant. 
 
 (7) Fisherman (owner) . 
 
 (8) Indian 1 
 
 (except in Manitoba, j. 
 British Columbia, Kee- f 
 watin or N. W. T.) ....J 
 
 Income Franchise. 
 
 (9) Income 
 
 (10) Annuitant . 
 
 J 
 
 1 
 Residence with father or I 
 mother on property one 
 year before being placed Y 
 on the list, or application I 
 therefor. I 
 
 J 
 
 Possession one year be-^ 
 fore being placed on the 
 list or application therefor. 
 
 Possession under a five ; 
 years' lease for one year ' 
 before being placed on the 
 list, orapplicationtherefor. 
 
 Residence and ownership 
 at the date of the revision 
 of the list. 
 
 Possession at date of the 
 revision of the list. 
 
 Residence one year next 
 before being placed on the 
 list, or application there- 
 for. 
 
 Cities, $3C0. 
 Towns, $200. 
 Other places, S150. 
 
 Farm or other real pro- 
 perty, if equally divided 
 among the father and sons, 
 or (if mother the owner) 
 amone: the sons, sufficient, ac- 
 cording to the above values 
 to give each a vote. 
 
 _ monthly, or 
 S6 quarterly, or 
 S12 half-yearly, or 
 S2U yearly. 
 
 I S150, land, boats, fishing 
 ! tackle, &o. 
 
 .$150 of improvement. 
 
 $300 a year. 
 
 $100 a year, secured on land. 
 
 not disqualified by any law of the dominion, can now 
 vote as above. 
 
 1 See an excellent Manual on the Franchise Act, by Mr. Thomas 
 Hodgins, Q. C. 
 
THE ELECTION OF MEMBERS. 149 
 
 In the Northwest Territories, to which representation 
 in parliament was given in 1886, every person, other than 
 aliens, or Indians as stated above, is qualified to vote, pro- 
 vided he is a bond fide male resident and householder, of 
 adult age, and has been a resident of the electoral dis- 
 trict for twelve months previous to the election/ By 
 special provision in the general franchise law, votes were 
 given to persons in British Columbia and Prince Edward 
 Island who, not coming within the dominion franchise, 
 were at the time of the passing of the act in 1885, en- 
 titled to vote according to the existing provincial laws, 
 but only for so long as they are so qualified.^ The judges 
 of all courts whose appointments rest with the governor- 
 general, are disqualified, and incompetent to vote at 
 elections for the House of Commons. Revising officers, 
 returning officers and election clerks, and all counsel, 
 agents, attorneys and clerks of candidates who may be 
 paid for their services, are disqualified from voting in the 
 district in which they have been so engaged, but not 
 elsewhere. But deputy returning officers, poll clerks and 
 constables may vote. A returning officer may vobe in 
 case of an equality of votes between candidates. No re- 
 vising officer for any electoral district while he acts in 
 that capacity, or for tv7o years thereafter, shall be a can- 
 didate for a seat in the House of Commons for such elec- 
 toral district.' Any twenty-five electors may nominate a 
 
 ' Dom. Stat., 49 Vict., c. 24, s. 4 (Rev. Stat., c. 7.) 
 
 ^ Rev. Stat, of Canada, c. 5, s. 10. 
 
 s 37 Vict., c. 9, s. 20, 39 ; 48-49 Vict., c. 40, ss. 11, 12 ; 50-51 Vict, c. 6, s. 1 ; 
 Rev. Stat, of Canada, c. 8, ss. 20, 42. Women have no right to vote 
 under the dominion franchise law, but in the original draft of the act, as 
 presented in 1885 by the premier, Sir John Macdonald, there was a pro- 
 vision to give a vote to '' a female person unmarried or a widow." See 
 Hans. 1385, 1388 et seq. None of the provinces have established female 
 suffrage, except in the case of municipal elections. At these elections in 
 Ontario, Nova Scotia, British Columbia, Manitoba and the Northwest 
 Territories, women can vote within certain limitations. See Ont. Rev. 
 Stat. c. 184, s. 79 ; Nova Scotia Stat. (1887) c. 28; Man. Stat. (1887) c. 10 ; 
 
150 THE SENATE AND HOUSE OF COMMONS. 
 
 candidate for the House of Commons by signing a nomina- 
 tion paper inlthe form set forth, and the sum of two hun- 
 dred dollars must be deposited at the same time with the 
 returning officer ; and this sum shall be returned to the 
 candidate in case of his election or of his obtaining a 
 number of votes at least equal to one-half of the number 
 of votes polled in favour of the candidate elected, but 
 otherwise it shall go into the public revenues/ 
 
 Every writ for the election of a member of the House 
 of Commons shall be returnable on such days as the gov- 
 ernor-general in council determines, and is addressed to 
 such person as the government may appoint.^ The same 
 day is fixed for the nomination of candidates in all the 
 electoral districts of Canada — including the Northwest 
 Territories — except in Cariboo in British Columbia, and 
 in Algoma in Ontario, and Gaspe in the province of 
 Quebec, where the day may be fixed by the returning 
 officer, and also the day and places for holding the polls.' 
 In case the person to whom a writ is addressed refuses, or 
 is] disqualified, or is unable to act, another person may be 
 appointed. In such a case, or in the event of the death 
 of a candidate after nomination, another day may be fixed 
 for the nomination of candidates, and there must be a 
 special return to the clerk of the crown in chancery.* The 
 returning officer shall, immediately after the sixth day 
 after the final addition of votes of the respective candi- 
 
 Brit. Col. Stat. (1888) c. 88; (1889) c. 34; (1890) c. 34, ss. 12 and 13 ; N. W. 
 T. Eev. Ord. (1888) c. 8, ss. 18, 19. Quebec and New Brunswick have 
 not passed similar legislation. 
 1 Eev. Stat, of Can. c. 8, ss. 21, 22. 
 
 * Previous to 1882 the writs were addressed to the sheriff or to the re- 
 gistrar of deeds in the electoral district, but in case there was no such 
 officer in the division, then the governor-general might appoint such 
 other person as he might think proper. See 37 Vict, c. 9, s. 1 ; am. by 
 45 Vict., c. 3, s. 6 ; See infra, 181 as to issue of writs and delays therein. 
 
 ' Dom. Stat. 51 Vict., o. 11, ss. 1-3 ; lb. 53 Vict. c. 9- 
 
 * Eev. Stat, of Can. c. 8, ss. 3, 15. Such a case occurred in the general 
 election of 1891, Huntingdon district. 
 
THE ELECTION OF MEMBERS. 151 
 
 dates, unless before that time he receives notice that he is 
 required to attend before a judge for the purpose of a 
 recount of such votes, transmit his return to the clerk of 
 the crown in chancery, that the candidate having the 
 largest number of votes has been duly elected, and shall 
 forward to each candidate a duplicate of the return. The 
 clerk of the crown in chancery must, on receiving the 
 return of any member, give notice in the next ordinary 
 issue of the Canada G-azette of the name of the candidate 
 so elected.^ 
 
 As communication by water between the Island of 
 Anticosti, or the Magdalen Islands, and the mainland, 
 may be interrupted during an election by the severity of 
 the season, it is provided that the governor in council 
 may direct that all necessary information relating to the 
 election may be transmitted by telegraph by the return- 
 ing officer to his deputies, and by them to him, so that he 
 may be informed of the number of votes, and of all other 
 matters relating to the election, and be enabled to return 
 the candidate having the majority, or make such other 
 return as the case may require. The islands in question 
 form part of the electoral divisions of Chicoutimi and 
 Saguenay and G-aspe and it is difficult to communicate 
 with them at certain seasons.^ 
 
 The original Franchise Act provides for a revision of the 
 voters' lists on or as soon as possible after the first day of 
 June in each year, but as a matter of fact, after the first 
 preparation and printing of the lists in 1886, in accordance 
 with the statute, acts were passed to continue those lists 
 in force during 1887 and 1888. In 1889 the lists were 
 
 1 41 Vict, c 6, s. 11 ; 37 Vict. c. 9, s. 64 ; Rev. Stat, of Can. c. 8, ss. 65-66. 
 See infra, 163-165, for a case where a returning officer exercised an extra- 
 ordinary power and declared the candidate in the minority duly elected 
 to the Canadian House of Commons. 
 
 ' Eev. Stat, of Can. c. 8, s. 132. See remarks of Dr. Fortin, when mem- 
 ber for Gaep^, as to the necessity for such a provision. Can. Hans. 
 (1882) 1461. 
 
152 THE SENATE AND HOWE OJ COMMONS. 
 
 revised, and were continued in force during 1890 and 
 until March, 1891, when a general election took place ^ 
 
 V. The Franchise in the Provinces— It will be useful here, 
 though it is not within the scope of this work, to note the 
 main features of the franchise in the different provinces 
 of Canada. At present (189 1 ) the following male persons, 
 subjects of her Majesty, not otherwise legally disqualified, 
 have the right to vote at elections in the provinces as fol- 
 lows : 
 
 In Ontario. — Eesidents ia the province for nine months preced- 
 ing time flxeJ by statute for beginning to make the assessment 
 roll in which they are entitled to be entered as qualified to vote. 
 Enfranchised Indians can vote without property qualification ; 
 unenfranchised Indians, not residing among Indians or on an 
 Indian reserve, can vote on a property qualification fixed by law. 
 A property qualification is continued with respect to electoral 
 districts of Algoma and other places, where there may be no as- 
 sessment roll or voters' lists.^ 
 
 In Quebec. — Owners or occupants of real estate estimated at a 
 value of at least $300 in city municipalities, and $200 in real 
 value, or $20 in annual value, in any other municipality. Ten- 
 ants paying annual rental for real estate of at least $30 in a city, 
 and $20 in any other municipality. Also teachers ; retired farmers 
 with a rental of $100 at least; farmers' sons working on their 
 parents' farms, if divided equally between them as co-proprietors ; 
 sons of owners of real property residing with parents, on similar 
 conditions; fishermen, owners and occupants of real property and 
 boats, fishing gear, or of share in ship, of actual value of at least 
 $150.3 
 
 In Nova Scotia. — Persons assessed in respect of real property 
 to the value of $150, or of personal, or of personal and real pro- 
 
 1 Eev. Stat, of Can., c. 5, s. 15 ; 50-51 Vict, c 5, ss. 1, 2 ; 51 Vict. c. 9 ; 53 
 "V^ct. c. 8, s. 12. See debate in House of Commons on the revision of the 
 lists ; Hans. (1890) 3895-3955. In the course of the debate the secretary of 
 state, (Mr. Chapleau), stated that the first revision cost over $400,000, and 
 the second a little over $150,000, p. 3895. 
 
 ■' Ont. Stat. 51 Vict. c. 4 ; Rev. Stat, of 1887, c. 9, s. 7. 
 
 ' Quebec Rev. Stat. arts. 172 et seq; 52 Vict. c. 4 ; 53 Vict. c. 6. 
 
THE FRANCHISE IN THE PROVINCES. 153 
 
 perty to the value of $300. Persons exempted from taxation 
 ■when in possession of property as just set forth. Tenants, yearly, 
 of property as just stated. Sons of foregoing persons, or of 
 widows, in possession of enough property to qualify under fore- 
 going conditions. Persons enjoying an annual income of S250. 
 Fishermen with fishing gear, boats, and real estate to value of 
 $150.1 
 
 In New Brunswick. — Persons assessed for the year on real estate 
 to the value of $100, or on personal, or on personal and real pro- 
 perty together, to Lhe amount of |400 — or with an annual income 
 of $400 — such person being duly registered on the voters' lists in 
 an electoral district. Priests or other Christian ministers, or 
 teachers, or professors in colleges. Eesidents in a district for 
 twelve months preceding the making up of voters' lists.^ 
 
 In Prince Edward Island. — Owners or occupants of real estate, 
 within the electoral district, of the clear yearly value of $6, who 
 have occupied such property six months before the issue of the 
 writ for holding the election. Eesidents in the electoral divi- 
 sion who have performed statute labour for twelve months 
 before teste of the writ of election. Eesidents during twelve 
 months in Charlottetown and Summerside who have paid a 
 provincial poll tax or a civic poll-tax, or seventy-five cents on 
 such civic poll-tax, for year preceding the teste of the writ of 
 election. Owners or occupants of at least eight acres of certain 
 reserved land for six months in Georgetown. The qualification 
 is practically manhood sufl^rage.^ 
 
 In Manitoba. — Eesidents, domiciled in the province for six 
 months, and in electoral division for one month, prior to signing 
 of register. Indians, or persons of Indian blood in receipt of an 
 annuity or treaty money from the Crown, are excepted. Also 
 all officials and emploj^eea of the dominion government receiving 
 a salary to amount of $350 a year and upwai'ds.^ 
 
 1 N. S. Stat. 52 Vict. c. 1. Previous to 1803, (Eev. Stat, of 1859, c. 5, s. 2), 
 manhood suffrage existed in Nova Scotia, but the right was qualified by 
 a provision requiring one year's residence in the electoral district, and 
 five years in the province. This provision was repealed by c. 28 of 
 statutes of 1863. 
 
 2 N. B. Stat. 52 Vict., c. 3. 
 
 =' P. E. I. Stat. 53 Vict, c. 1. 
 * Man. Stat. 51 Vict., c. 2. 
 
154 THE SENATE AND HOUSE OF COMMONS. 
 
 In the Northwest Territories. — Eesidents and householders of 
 adult age, not aliens or unenfranchised Indians within an electoral 
 district.' 
 
 In British Columbia. — Eesidents in the province for twelve 
 months, and in an electoral district for two months of that 
 period, and duly registered under the law. Chinamen and 
 Indians are excepted.^ 
 
 In all the provinces there are statutes providing for 
 the punishment of corruption and bribery at provincial 
 elections, and for the trial of controverted elections before 
 the courts, similar to those for the Dominion. 
 
 VI. The Trial of Controverted Elections.— The Canadian sta- 
 tutes regulating the trial of controverted elections, and 
 providing for the prevention of corrupt practices at par- 
 liamentary elections have closely followed the English 
 statutes on the same subject. Tor some years, in Upper 
 and Lower Canada, the House itself was the tribunal for 
 the trial and determination of election petitions — commis- 
 sioners or committees being appointed, w^hen necessary, 
 to examine witnesses.^ Eventually the principle of the 
 Grenville Act of I'ZtO* was adopted in Upper Canada, and 
 the trial of controverted elections entrusted to sworn com- 
 mittees of nine members, and two nominees, one appoint- 
 ed by the sitting member and the other by the petitioner. 
 After the union of 1840, election petitions were tried by 
 committees or by the whole House, according to the old 
 laws of each province.^ It was soon found expedient to 
 adopt the principles of Sir Robert Peel's act of 1839.*' The 
 
 1 Eev. Stat, of Can., c. 50, s- 20. ^ Cone. Stat, of B. C, c. 38, ss, 2, 3. 
 
 '' 45 Geo. Ill, c. 8, Upp. Can. Stat. ; 48 Geo. III., c. 21, Lower Can. Stat ; 
 58 Geo. III., c. 5, of Lower Can., provided for the appointment of commis- 
 sioners or committees for the examination of witnesses ; 8 Geo. IV., c. 5, 
 for commissioners for the same purpose in Upper Canada. 
 
 * 10 Geo. IIL, c. 16, Imp Stat. ; May, 715. 
 
 " 4 Geo. IV., c 4, Upper C. Stat. 
 
 « Imp. Stat. 2 and 3 Vict., c. 38 ; am. by 11 and 12 Vict, c 98 ; 190 E. 
 Hans. (3) 694. 
 
THE TRIAL OF CONTROVERTED ELECTIONS. 155 
 
 legislature in 1851 passed an act transferring the whole 
 of its authority to a newly established tribunal called 
 " the general committee of elections," which was composed 
 of six members appointed by the speaker by warrant under 
 his hand, but subject to the approbation and sanction of 
 the House. This committee was sworn, and then proceed- 
 ed to select certain members to serve as chairmen of elec- 
 tion committees, and also to divide the remaining mem- 
 bers on the list submitted to it into three panels, in such 
 manner as should seem most convenient. The committee 
 of elections had the power of selecting a committee of 
 four members from the panel in service, and a fifth mem- 
 ber was chosen by the chairman's panel. The members 
 of the committee thus selected to try the merits of an 
 election petition took their oaths solemnly and publicly 
 at the table of the House, to execute justice and maintain 
 the truth. The witnesses were examined on oath, the 
 petitioner and respondent both appeared before the com- 
 mittee by, their counsel, the decisions and precedents of 
 the superior courts were quoted and followed, and the 
 decision of the committee was final and conclusive.^ This 
 system continued in operation for several years after 
 186*7,^ consuming necessarily a great deal of the time of 
 the speaker and members, until it was thought expedient 
 to follow again the example of the British Parliament.^ 
 
 ^ 14 and 15 Vict., c. 1 ; 19 and 20 Vict., c. 140 ; Con. Stat, of Canada, c. 7. 
 
 ' Can. Com. J. [1867-8] 26, 37, 42, 108, 158, etc. 
 
 ' In 1868 Mr. Disraeli, tlien chancellor of the exchequer, brought in a 
 bill transferring the trial of election petitions to judges (31 and 32 Vict., 
 c. 125). In giving his reasons for changing the existing system, Mr. 
 Disraeli said, " charges were being constantly made against the ineffi- 
 ciency and unsatisfactory character of the tribunal. The decisions of the 
 committees have been uncertain and therefore unsatisfactory, and have 
 offered no obstacle whatever to the growing practice of corrupt compromise 
 by which, in the process of withdrawing petitions, a veil is often thrown 
 over more flagrant transactions than any which are submitted to scrutiny 
 and investigation." The legislature thus practically recurred to the 
 method adopted more than 450 years previously in the election statute of 
 11 Henry IV. Taswell-Langmead, Const. Hist. 356. 
 
156 THE SENATE AND HOUSE OF COMMONS. 
 
 In Canada, for many years, there was a concurrence of 
 opinion, in and out of parliament, that it was necessary to 
 transfer the jurisdiction over controverted elections from 
 ihe House itself to some other tribunal which could deal 
 with them irrespective of all political considerations 
 whatever. Accordingly in 1873 Sir John Macdonald, 
 then premier and minister of justice, introduced a bill 
 " to make better provision respecting election petitions, 
 and matters relative to controverted elections of members 
 of the House of Commons." ^ This bill which passed into 
 law provided for the trial of election petitions by judges 
 in the several provinces of Canada. Barristers of ten 
 years' standing were to be appointed judges ad hoc, in 
 case the lieutenant-governor in council in any province 
 should neglect or refuse to require the judges to perform 
 the duties assigned to them under the act. This act was 
 repealed (except as respects elections previously held) in 
 the session of 18*74 by another, introduced by Mr. Four- 
 nier, subsequently minister of justice,^ and making more 
 ample provision for the trial of controverted elections. 
 Under the law as it now stands a petition complaining of 
 an undue return or election of a member must be pre- 
 sented not later than thirty days after the day of publica- 
 tion in the Canada G-azette of the receipt of the return of 
 the writ by the clerk of the crown in chancery, unless it 
 questions the election upon an allegation of corrupt prac- 
 tices, and specifically alleges a payment of money or other 
 act of bribery to have been committed by any member, 
 since the time of such return, and in that case the peti- 
 tion may be presented at any time within thirty days 
 after the date of such payment or corrupt act.^ As it 
 has been stated elsewhere, some of the judges in the 
 provinces of New Brunswick and Quebec questioned the 
 
 1 36 Vict., c. 28. 
 
 " Now one of the judges of the supreme court of Canada, 
 
 ■' Bev. Stat, of Can., c. 9, s. 9. 
 
THE TRIAL OF CONTROVERTED ELECTIONS. Ibl 
 
 constitutional power of the dominion parliament to con- 
 stitute election courts in the way proposed, and the mat- 
 ter was referred to the supreme court of Canada and 
 eventually to the judicial committee of the privy council, 
 both of which tribunals decided that the act was consti- 
 tutional.' The statute ^ provides that the judges of the 
 following courts shall try election petitions : In the pro- 
 vince of Ontario, of the courts of error and appeal, queen's 
 bench, common pleas and chancery, and the chancellor 
 and vice-chancellors of the said court. In Quebec, of the 
 superior court. In Nova Scotia, New Brunswick, Bri- 
 tish Columbia, and Prince Edward Island, of the supreme 
 court. In Manitoba, of the court of queen's bench. In the 
 Northwest Territories, the supreme court of those terri- 
 tories. By the Ontario Judicature Act of 1881, the several 
 courts of that province, mentioned above, were united 
 and constituted one " supreme court of judicature for 
 Ontario," consisting of two permanent divisions, called 
 respectively, 1st, " the high court of justice for Ontario," 
 and, 2nd, " the court of appeal for Ontario." The courts 
 of queen's bench, chancery and common pleas became 
 divisions of the high court. After the elections of 1882, 
 petitions were filed in the common pleas and queen's bench 
 divisions of the high court, and Mr. Justice Cameron held 
 that the court had no jurisdiction ; that the courts of 
 appeal, queen's bench, common pleas and chancery, named 
 in the Controverted Elections Act of 1874, are still exist- 
 ing courts for the trial of such petitions : that these 
 courts are not the same as the divisions of the high court 
 which are branches of that court, and not distinct courts. 
 The supreme court of Canada, on appeal, held that the 
 act in question makes the high court of justice and its 
 several divisions a continuation of the existing courts, 
 and that the high court of justice (queen's bench and 
 
 ' See supra, 93. 
 
 2 37 Vict, c. 10 ; 49 Vict, c. 25 ; Eev. Stat of Can., c. 9, s. 2. 
 
158 TEE SENATE AND SOUSE OF COMMONS. 
 
 other divisions) has, under a new name, the same juris- 
 diction in dominion controverted elections as had the 
 courts named in the said act of 18*74.^ 
 
 Under the Controverted Elections Act^ the judge must 
 report and certify the result to the speaker,' and may also 
 make a special report as to any matters arising in the 
 course of the trial, an account of which ought in his 
 judgment, to be submitted to the House of Commons. 
 Provision is made for appeal from the decision of the 
 judge in any province, and the manner of certifying the 
 determination and decision to the speaker upon the 
 several questions and matters of fact as well as of law. 
 The speaker must issue his warrant for a new writ at the 
 earliest practicable moment after receiAdng the certificate 
 and report of a judge or judges, and adopt the proceedings 
 necessary for confirming or altering the return or for the 
 issue of a new writ for a new election.* When the judge 
 makes a special report, the House may make such order 
 in respect to the same as it may deem expedient. The 
 judge must also make his report, except in case of an 
 appeal, within four days after the expiration of eight days 
 from the day on which he shall have given his decision. 
 It is also provided that the trial of every election petition 
 must be commenced within six months from the time of 
 its presentation, and be proceeded with day by day until 
 
 1 Can. L. J. [1882], 348, 400 ; lb. [1883] 240. Can. Sup. Court E., viii. 126. 
 
 ^Eev. Stat, of Can.,c. 9. 
 
 ^ For the purposes of this act (Rev. Stat, of Can., o. 9, s. 2), when the 
 speaker is absent or unable to act, the clerk of the house, or any other 
 officer for the time being performing his duties, is entitled to act, and the 
 judge should make report to him accordingly. Can. Com. J., 1879, Feb. 
 14, East Hastings and Kamouraska. Can. Com. J., 1883, Feb. 9, Kings, 
 N.B., Joliette, etc. 
 
 * Rev- Stat, of Can. c. 9, s. 46. The first case of speaker ordering clerk 
 of the Crown to alter a return was that of Mr. Plumb, of Niagara, Can. 
 Com. J. [1879] 138-40. In England, in similar cases, the clerk of the 
 crown in chancery is ordered to attend, to amend the return, and when 
 he obeys the order, the return is amended in accordance with the judge's 
 report. 136 Eng. Com. J., 4, 5, 10 (Borough of Evesham, 1881.) 
 
THE TRIAL OF CONTROVERTED ELECTIONS. 159 
 
 the trial is over, but whenever it shall appear to the court 
 or judge that the respondent's presence at the trial is 
 necessary, the trial of an election petition shall not be 
 commenced during any session of parliament, and "in 
 the computation of any time or delay allowed for any step 
 or proceeding in respect of any such trial, or for the com- 
 mencement thereof as aforesaid, the time occupied by 
 such session of parliament shall not be included." ^ By a 
 judgment of the supreme court of Canada it has been 
 decided that the time of a session shall not be excluded 
 unless the court has ordered that the respondent's 
 presence is necessary. The time within which the trial 
 of an election petition must be commenced cannot be 
 enlarged beyond six months from the presentation of the 
 petition, unless an order had been obtained on application 
 made within the six months. An order granted on an 
 application made after the expiration of the said six 
 months is an invalid order, and can give no jurisdiction 
 to try the merits of the petition which is then out of 
 court.' In the session of ISTS an act was passed to estab- 
 lish a supreme court and a court of exchequer for Can- 
 ada.^ Provision is made therein for an appeal to this 
 coiirt in case any party to an election petition may be 
 dissatisfied with the decision of the judge who has tried 
 the same on any question of law or fact. The registrar 
 of the court shall certify to the speaker the judgment and 
 decision of the court upon the several questions sub- 
 mitted to it.^ 
 
 The law for the prevention of corrupt practices at elec- 
 
 1 Eev. Stat, of Can., c. 9, s. 32. 
 
 ^ Sup. Court of Can. Eep., vol. xiv. 453 et seq., Glengarry Election case. 
 
 ^ Eev. Stat, of Can., c. 135. See supra, 91. 
 
 * Mr. Langevin's case. 1877 ; Mr. Laflamme's case, 1878. Also Jour. 
 (1880-81), 2, 3, 220, 222. In conformity with 37 Vict., c. 10, s. 36, and 38 
 Vict., c. 11, s. 48, the speaker in 1883 issued his warrant to the clerk of the 
 crown directing him to alter the return for Queen's County, P. E. I., as 
 the legal consequence of the decision of the supreme court of Canada on 
 an election appeal. Jour., 61-3. 
 
160 THE SENATE AND HOUSE OP COMMONS. 
 
 tions now provides severe penalties for all infractions of 
 its provisions.^ Among other things, if it is proved that 
 any corrupt practice has been committed by and with the 
 actual knowledge and consent of any candidate at an 
 election, his seat will be declared void, and he shall, dur- 
 ing the seven years next after the date of his being found 
 guilty, be incapable of being elected to the House of Com- 
 mons or of voting at any election of a member of that 
 body, or of holding an office in the nomination of the 
 Crown or of the government of Canada. If any candidate 
 is found guilty of having abetted or counselled the offence 
 of personation at an election, his election shall be declared 
 void, and he cannot sit in the House of Commons for any 
 electoral district during the continuance of the parlia- 
 ment for which the election is held, and during the 
 ensuing parliament. Any other person who is found 
 guilty of any corrupt practice shall be incapable of sitting 
 in the House of Commons, or of voting at any election 
 for that body, or of holding any government office, during 
 eight years after the time at which he is adjudged guilty.'^ 
 The law provides that when the judge, in his report 
 on the trial of an election petition under the controverted 
 elections act, states " that corrupt practices have, or that 
 there is reason to believe that corrupt practices have ex- 
 tensively prevailed at the election to which the petition 
 relates, or that he is of opinion that the inquiry into the 
 circumstances of the election has been rendered incom- 
 plete by the action of any of the parties to the petition, 
 and that further inquiry as to whether corrupt practices 
 have extensively prevailed is desirable, no new writ shall 
 issue for a new election in such case except by order of 
 the House of Commons." Some doubt having arisen as 
 
 1 See Eev. Stat, of Can., c. 8, ss. 84-99 ; c. 9, ss. 69-86 ; c. 10 ; 51 Vict. c. 
 11, ss. 14, 15 ; 52 Vict. c. 9, s. 1 ; 53 Vict. c. 8, s. 2. 
 
 2 Rev. Stat, of Can., c. 8, ss. 96-98. See London Election, 1875, Can. 
 Com. J., 24-30 ; Chambly Election, 1876, lb. 18, 19. 
 
THE TRIAL OF CONTROVERTED ELECTIONS. 161 
 
 to the exact construction of the foregoing section, the 
 question was referred to the committee on privileges and 
 elections in the session of 1888. It appears that the 
 speaker had issued his warrant in the cases of the elec- 
 toral districts of Kent and Russell, in the province of 
 Ontario, where the elections had been declared null and 
 void, and the judges reported that corrupt practices had 
 prevailed extensively, but were unable to say whether 
 further inquiry was desirable. The committee reported 
 in the Kent case specially referred to them, that the order 
 of the House was necessary for the issue of a new writ for 
 that county on the report of the judge. New writs for 
 Kent and Russell were immediately issued on motion 
 duly made in the House — the previous warrants of the 
 speaker having been withdrawn.^ 
 
 A statute ^ specially provides for the issue of a commis- 
 sion of inquiry on address from the House of Commons 
 whenever a judge reports that corrupt practices have or 
 that there is reason to believe that corrupt practices have 
 extensively prevailed at an election, or that he is of opin- 
 ion that the inquiry into the circumstances of the election 
 has been rendered incomplete by the action of any of the 
 parties to the petition, and that further inquiry as to 
 whether corrupt practices have extensively prevailed is 
 
 ' Rev. Stat, of Can., c. 9, ss. 44, 48 ; Can. Com. J., (1888) 12, 19, 52, 55, 128 
 129, 139. In one case the speaker issued a writ of supersedeas to the clerk 
 of the crown in chancery to stay all proceedings in relation to the issue 
 of a new writ under his warrant given through error. See Can. Hans. 
 (1888) 18, 20-24, for an explanation of the circumstances of this peculiar 
 case of warrants having been issued by the speaker through some mis- 
 conception of the statute. For English practice as to a writ of super- 
 sedeas, May, 699. 
 
 ^ Rev. Stat, of Can., c. 10. See remarks of Mr. Davies in the Cana- 
 dian House of Commons as to the practice in England for the attor- 
 ney-general to move for a royal commission to take evidence on the state- 
 ment of a judge and report to the House, and on this report a bill is 
 brought in to disfranchise the constituency or other action is taken by 
 the House. Can. Hans. (1888) 22. Also May, 731, 732, for addresses issued 
 under the English law. 
 11 
 
162 THE SENATE AND HOUSE OF COMMONS. 
 
 desirable. Or sncli commission may issue on an address 
 when a petition has been presented to the House, signed 
 by twenty-five or more electors of the district, stating that 
 no petition had been presented under the Controverted 
 Elections Act, and asking for inquiry into corrupt practi- 
 ces which, there is reason to believe, extensively pre- 
 vailed at the election. Only one case has so far occurred 
 under this statute : the petition of certain electors of South 
 {3-renville, which was referred to the standing committee 
 on privileges, in 1819, but no report was ever made on the 
 subject.' The law requires security to be given to meet 
 the expenses of the inquiry in certain cases. One 
 thousand dollars must be deposited with the accountant 
 of the House before the petition under the act can be 
 received. The certificate of the accountant that the money 
 has been deposited must be attached to the petition on 
 its presentation. 
 
 Since the House of Commons has divested itself of its 
 original jurisdiction for the trial of all matters touching 
 the election return of its members, petitions calling into 
 question the right of a member to his seat have not been 
 received on two occasions — the sense of the House being 
 unmistakably in favour of the principle laid down that 
 it is most inexpedient to re-open an election case after it 
 had been disposed of in the courts in accordance w^ith the 
 law.^ Both in Canada and in England, since parliament 
 delegated its right to try the election of its own mem- 
 bers to the courts, there is no instance of a contested 
 election having been tried, or an election return disturbed 
 
 ' Can. Com. J., (1879) 70. In the Kent case referred to a committee of 
 privileges and elections in 1888 (see supra, 161,) the committee reported 
 that while giving due weight to the report of the learned judge, that he 
 had reason to believe corrupt practices extensively prevailed in the elec- 
 toral district in question, they were of opinion that no further inquiry or 
 other proceeding is necessary. See Jour., 129. 
 
 ^ Can. Com. J., (1874) 82 ; i6. (1880-81) 199-200; Can. Hans. (1880-81) 
 823-830. See Amos's British .Cons., 445. 
 
THE TRIAL OF CONTROVERTED ELECTIONS. 163 
 
 in the Commons of either country.^ It is admitted, how- 
 ever, that the House is bound to take notice of any legal 
 disabilities affecting its members, and to issue writs in 
 the room of members adjudged to be incapable of sitting.^ 
 In fact, there is authority to show that the very same 
 question which might have been determined, upon peti- 
 tion, by an election judge, has been adjudged by the 
 House itself.^ In one election case, a court in Ontario 
 unanimously held that " the right to deal with all 
 matters affecting the election and return of its members 
 belongs to the House of Commons, except so far only as 
 the parliament of Canada has expressly devolved on the 
 courts certain express duties and powers respecting elec- 
 tions. The House of Commons retains all powers that it 
 has not expressly given up.* 
 
 In any case, it is always regular to receive a petition 
 setting forth a grievance, and praying for a remedy,^ pro- 
 vided that it does not question the return of a member 
 within the meaning of the Controverted Elections Act, 
 which enacts (s. 68) that " all elections shall be subject 
 to the provisions of this act, and shall not be questioned 
 otherwise than in accordance therewith." 
 
 In the session of 188*7, the Canadian House of Com- 
 mons was called upon to deal with a case relating to 
 
 1 See remarks of minister of justice, June 1, 1887 ; Can. Hans., 675. 
 
 ^ May, 723-4. See O'Donovan Rossa and other cases, infra, 194. 
 
 ^ Sidney Waterlow case, 124 E. Com. Jour., 12, 43, 82, 88. A similar 
 provision exists in the English law (s. 50 of the Election Petitions Act), 
 and SirErskine May (723), discussing the question how far the judica- 
 ture of the House is still exercised in matters of elections, takes the 
 ground that after the time has expired for receiving election petitions, 
 the House is not only free, but legally bound, to determine all questions 
 affecting the seats of its members. 
 
 * In Re Centre Wellington election, 44 U. C, Q. B., 132. 
 
 '■> So ruled by speaker of English Commons in case of a petition from 
 electors of Peebles and Selkirk complaining that certaiu voters, at the last 
 general election, had qualifications of an illusory character. 194 E.Hans. 
 (3) 1185. 
 
164 THE SENATE AND HOUSE OF COMMONS. 
 
 the powers and duties of returning officers, and the 
 jurisdiction still possessed by the House in controverted 
 elections. It appears that the returning officer for the 
 county of Queens, New Brunswick, instead of declaring 
 Mr. King, who had the majority of votes at the general 
 election of 1887, duly elected to represent that electoral 
 district, decided that his nomination paper was invalid 
 on the ground that the deposit was not legally made, and 
 returned Mr. Baird as the representative to parliament. 
 It was proposed in the House to amend the return, by 
 erasing Mr. Baird's name and inserting Mr. King's in its 
 place, but after a long debate the matter was referred to 
 the committee of privileges and elections. The commit- 
 tee, after a full investigation of precedents and authori- 
 ties bearing on the subject, reported as their opinion that 
 the House " ought not to declare that the said George 
 F. Baird is not entitled to sit in the said House, but 
 should leave the case to be disposed of under the provi- 
 sions of the Controverted Elections Act, it being the in- 
 tention, spirit and policy of parliament that all questions 
 as to the validity of the election of members to the House 
 of Commons should be decided by the ordinary legal tri- 
 bunals of the country instead of the House of Commons." 
 "When the report came before the house it was strongly 
 opposed, and a motion M'^as made to declare Mr. King 
 duly elected, but it was finally agreed to on a division. In 
 the course of the debate it was urged that, although a 
 returning officer may have a judicial power in the first 
 instance when the nomination papers are presented, he 
 cannot afterwards sit in judgment on himself, but must 
 simply comply with the express words of the statute and 
 sum up the votes cast for the respective candidates, and 
 declare the candidate who has a majority of the votes 
 duly elected. The committee considered that the conduct 
 of the returning officer in this case required explanation, 
 and on their recommendation he was called to the bar of 
 
DUAL REPRESENTATION. 165 
 
 the House " to answer for his conduct in returning as 
 elected a candidate who did not receive a majority of the 
 votes cast at the election." No steps were taken in his 
 case after his examination, which in no wise improved 
 his case ; the general sense of the House was undoubtedly 
 in disapproval of his course ; and the result must be to 
 make officers in the same position hereafter very cautious 
 in exercising discretionary powers, and to induce them to 
 follow the express terms of the law, the intent of which 
 is certainly that the candidate having an undoubted ma- 
 jority should be returned as elected, and that all ques- 
 tions of law, arising after the nomination papers have 
 been duly filed, and a poll ordered, should be left to the 
 proper courts to decide. In this vexatious case, to follow 
 it to a conclusion, it appears that no election petition was 
 filed in the courts, although there would have been time 
 to have done so three days after the presentation of the 
 committee's report in favour of leaving the matter to the 
 jurisdiction of the courts. Subsequently, in accordance 
 with a statement made during the debate, Mr. Baird re- 
 signed his seat, and was re-elected by the same consti- 
 tuency.^ 
 
 Vn. Dual Representation.— For more than one session of the 
 first parliament, members were entitled to sit not only in 
 the House of Commons, but in the legislative assemblies 
 of Ontario and Quebec as well. But the legislatures of 
 Nova Scotia and New Brunswick had passed acts previ- 
 ous to entering the confederation, by which no person 
 being a member of the Senate or House of Commons should 
 be capable of sitting or voting in either branch of the 
 legislatures of those provinces.^ Subsequent to 1812, 
 
 1 Can. Com. J., (1887) 7-10, 41, 42-51, 70, 95, 120, 193, 196, 205, 207, 208 ; 
 Can. Hans., 154-189; 671-706. Also Can. Com. J., (1888) 44. See a speech 
 of Mr. Edward Blake, 20th March, 1875, as to the power of the House 
 oyer returning officers for improper conduct. Can. Hans. (1875) 807-808. 
 
 '' See Eev. Stat, of Nova Scotia, 5th series, c. 3, s. 16 ; Cons. Stat, of New 
 Brunswick, c. 4, s. 26. 
 
166 THE SENATE AND HOUSE OF COMMONS. 
 
 several acts were passed to prevent dual representation. 
 The dominion law, as it now stands, renders members of 
 the legislative councils and legislative assemblies of the 
 provinces, now included, or which may hereafter be in- 
 cluded, within the dominion, ineligible for sitting or vot- 
 ing in the House of Commons. A member of the House 
 of Commons who accepts a seat in a provincial legislature 
 must vacate his seat in the former body, and any person 
 who violates the act is liable to a penalty of $2,000 for 
 every day he sits and votes illegally.^ By reference to 
 notes below ^ it will be seen that statutes of the several 
 provincial legislatures now provide that no senator or 
 member of the House of Commons shall sit in the legis- 
 lative councils or assemblies of the provinces. A senator 
 may, however, sit in the legislative council of Quebec,^ 
 and could do so in the Manitoba assembly, imtil the law 
 was changed in that province before the elections of 
 1883.^ 
 
 In the session of 18*74 a question arose as to the eligi- 
 bility of Mr. Perry, one of the members for Prince Edward 
 
 ' 35 Vict. c. 15 ; 36 Vict, c 2 ; Eev. Stat, of Can., c 13, ss. 1-4. See case 
 of Mr. Methot, infra. 
 
 ^ Rev. Stat- of Ontario, 1887, c. 11, ss. 6 and 7, provides that no priv}' 
 councillor or senator of the dominion or member of the House of Com- 
 mons shall be eligible as a meuiber of the legislative assembly of 
 Ontario. An act of P- B. Island (39 Vict, c. 3) renders members of the 
 Senate and House of Commons ineligible as members of the legislative 
 council or house of assembly of the province. No member of the House 
 of Commons can sit in British Columbia assembly (B. C. Cons. Stat., 
 1877, c. 42, ss. 15, 25)- No member of the legislature of any province, nor 
 of the House of Commons, can sit in the Manitoba assembly (Man. Cons. 
 Stat., c. 5, s. 30. See note 4 below). 
 
 ^ Senator Ferrier represented Victoria division in the Quebec legislative 
 council from 1867 until his death in 1888. Senator de Boucherville is still 
 a member of both bodies. Pari. Comp., 1889, p. 38. But no senator or 
 member of the commons shall be eligible as a member of the legislative 
 assembly of Quebec; Rev. Stat, of Quebec, arts. 96-98. 
 
 * Senator Girard not only sat in the Manitoba assembly, but was a 
 member of the government of the province for years. Pari. Companion, 
 1883, p. 58. The law was amended in 1881 by 44 Vict., c. 29, Man. Stat. 
 
DUAL REPRESENTATION. 16^ 
 
 Island, on account of an irregularity in his resignation as 
 a member of the legislative assembly of that province. 
 
 It appears that Mr. Perry, who was speaker of the local 
 house, resigned his seat by a letter addressed to the lieu- 
 tenant-governor of the Island, and the point at issue was 
 whether there was any legal resignation of his seat in the 
 legislature when he became a candidate for the House of 
 Commons. The matter was referred to the committee on 
 priAdleges and elections, which reported that he had 
 taken every step in his power to divest himself of his 
 position as a member of the legislative assembly, and 
 that according to the spirit and intent of the dominion 
 act of 1873 (36 Vict., c. 2), he was not disqualified to be a 
 candidate at the election, or to sit and vote in the House 
 of Commons ; but under all the circumstances the com- 
 mittee recommended that an act of indemnity be passed 
 to remove all doubt as to his right to sit and vote in parlia- 
 ment. An act was accordingly passed in the same ses- 
 sion.^ 
 
 In the session of 1883, the first after the general elec- 
 tions of 1882, the clerk of the crown in chancery gave in 
 " a double return," (as he called it in his return book)^ for 
 the electoral district of Kings, Prince Edward Island. 
 Accordingly both members were duly sworn by the clerk, 
 though neither, of course, took his seat or attempted to vote. 
 From the return of the returning officer, it appears that the 
 county of Kings is entitled to send two members to the 
 House of Commons ; that Mr. Mclntyre received " a legal 
 majority of votes," and of his due election there was no 
 question ; that Mr. James Edwin Robertson received the 
 
 1 Can. Com. J. (1874), 50, 51, 55; 37 Vict, c. 11 ; Pari. Deb., 16. Mr. 
 Perry did not take his seat until the question was settled by the House 
 as above. 
 
 ^ Can. Com. J. (1883), xix. The question was raised in debate whether 
 the return made in this case was not rather in the nature of a special re- 
 turn, and whether a double return can now be made if the provisions of 
 the Elections Act of 1874 are properly carried out. 
 
168 THE SENATE AND HOUSE OF COMMONS. 
 
 next highest number of votes ; but it having been repre- 
 senied to the returning oiBcer at the summing up of the 
 votes by certain electors that Mr. Eobertson at the time 
 of his nomination as a candidate, and at the time of the 
 holding of the election was a member of the house of 
 assembly of the Island, he was, consequently, in the 
 opinion of the returning officer, " disqualified to be elect- 
 ed as a member of the House of Commons." Accordingly 
 he certified that " Mr. Augustine Colin MacDonald, a 
 candidate at such election duly qualified, had the next 
 highest number of votes lawfully given at such election," 
 and he " made this return respecting the said J. E. Rob- 
 ertson and A. C. MacDonald for the information of all 
 whom it may concern." When this extraordinary case 
 came before the House in due form, it gave rise to a very 
 earnest debate, in which very contradictory opinions were 
 expressed as to the conduct of the returning officer. The 
 whole matter was finally referred to the committee on 
 privileges and elections, though not until an amendment 
 had been moved by Mr. Robertson's friends to the effect 
 that inasmuch as he had the second highest number of 
 votes at the election he ought to have been returned as 
 one of the members, and that he had a right to take his 
 seat, " saving, however, to all candidates and others their 
 rights of contesting the election in accordance with law 
 and justice." Both in the House and before the commit- 
 tee it was contended that, by the Dominion Elections Act 
 of 18*74, " after a candidate has been accepted as duly 
 nominated by the returning officer and declared by him 
 to the electors as such candidate, the returning officer has 
 no poiver or right to reject such candidate, or if he has a 
 majority of votes upon their summing up to refuse to 
 return him as elected." A majority of the committee, how- 
 ever came to the conclusion after the hearing of evidence 
 and elaborate arguments on the various points at issue, 
 that Mr. Robertson had never legally resigned his seat. 
 
DUAL REPUESENTATION. 169 
 
 and that he was at the time of his election a member of 
 the hotise of assembly at Prince Edward Island ; that an 
 act of that province (39 Vict. c. 3), made it illegal for a 
 member of the House of Commons to be elected to sit or 
 vote in the house of assembly; that according to the 
 express terms of the second section ^ of the dominion act 
 of 18*72 (35 Vict. c. 15), the majority of votes given for 
 Mr. Eobertson were thrown away ; that it was the duty 
 of the returning officer to return Mr. MacDonald as the 
 candidate, he being otherwise eligible and having the 
 next highest number of votes ; that the return to the writ 
 of election should be amended accordingly. "When the 
 report came before the House for final adoption, very con- 
 flicting opinions were again given on the points at issue. 
 Amendments were moved to the effect, — 1st, That it was 
 the duty of the returning officer to have returned Mr. 
 Eobertson as elected ; 2nd, That steps should be taken to 
 refer the points in doubt to the supreme court of Canada; 
 3rd, That the House having declined to decide that Mr. 
 Robertson should have been returned, the election should 
 have been declared null and void. The report was finally 
 concurred in, and the clerk of the Crown ordered to amend 
 the return so as to declare Mr. MacDonald elected, " as 
 having had the next highest number of votes lawfully 
 given at such election " ; and this having been done, Mr. 
 MacDonald took his seat and voted during the remainder 
 of the session.^ 
 
 ' This section reads: " If any member of a provincial legislature shall, 
 notwithstanding Lis disqualification as in the preceding section men- 
 tioned, receive a majority of votes at any such election, such majority of 
 votes shall be thrown away, and it shall be the duty of the returning 
 oflicer to return the person having the next greatest number of votes, 
 provided he be otherwise eligible." See Rev. Stat, of Can., c. 13, s. 2. 
 
 - Can. Com. J. and Hans-, 1883, Feb. 19th, March 1st and 9th, and 25th 
 April. Jour. App. No. 2. The writer has confined himself to a review of 
 the most material points raised on a question of a very perplexing char- 
 acter. This decision of the house, it is evident, gives very large powers to 
 returning oflScers. . 
 
170 TEE SENATE AND HOUSE OF COMMONS. 
 
 In 1888 a case came before the supreme court of Can- 
 ada, again affecting the seat of Mr. Perry, whose election 
 had also been objected to in the House of Commons in 
 1874/ His return as member elect for the electoral dis- 
 trict of Prince county, P.E.I., was contested on the ground 
 that he, being a member of the provincial house of 
 assembly, was not eligible to be a candidate for the House 
 of Commons. At the trial it was admitted that he had 
 been elected to the provincial assembly in June, 1886, 
 and that there had been no meeting of that body at the 
 date of the election for the Commons. Prior to his nomi- 
 nation he gave to two members of the assembly a writ- 
 ten resignation of his seat, and at the time of the election 
 for the Commons, he had acquired for value and was hold- 
 ing a share in a ferry contract with the local government 
 to the value of 195 a year. The supreme court held, affirm- 
 ing the judgment of the court below, that by the agree- 
 ment with the individual who had assigned to him a 
 share in the ferry contract, Mr. Perry became a person 
 holding and enjoying within the meaning of section 4 of 
 39 Vict. c. 3, of the statutes of P.E.I., a contract or agree- 
 ment with her Majesty, which disqualified him and ren- 
 dered him ineligible for election to the assembly of the 
 province, or to sit or vote in the same, and by section 8 of 
 the same act, — to be read with section 4, — his seat in the 
 assembly became vacated ; and he was therefore eligible 
 for election as a member of the House of Commons." 
 
 Vni. The Independence of Parliament.— In the old legisla- 
 tures of Canada, judges and other public officers were 
 allowed to sit for many years in both houses, until at 
 last the imperial government yielded to the strong remons- 
 trances of the great majority of the representatives in the 
 assemblies, and expressed their readiness to assent to such 
 
 ' See supra, 166, 167. 
 
 " Can. Sup. Court R,, vol. xiv. 265-287 ; L. N., vol. xi. 38 ; Taschereau, 
 J., dissenting. 
 
THE INDEPENDENCE OP PARLIAMENT. Vll 
 
 legislation as might be necessary to render the legisla- 
 tures independent of official influence.^ Several statutes 
 were passed in the course of time by the legislatures of 
 Upper and Lower Canada, prohibiting judges from sitting 
 in the legislative assemblies ; " but all attempts to prevent 
 them from sitting in the legislative council were rendered 
 nugatory by the opposition given in that house to all 
 measures in that direction.^ Legislation in the two pro- 
 vinces also provided for a member vacating his seat, in 
 case of his acceptance of certain offices, but such appoint- 
 ment was not to bar his re-election to the house. Here 
 we see the iirst step taken to require members of the 
 executive council to vacate their seats, and seek re-election 
 at the hands of the people.' 
 
 After the union between Upper and Lower Canada, the 
 legislature of the united provinces took up the question 
 of the independence of parliament, and endeavoured, as 
 far as possible, to follow the example which had long 
 before been given it by the parent state in this matter. 
 
 In 1843, Attorney -General Lafontaine presented a bill 
 entitled " an act for better securing the independence of 
 the legislative assembly of this province." This bill be- 
 
 ' Garneau, vol. ii. 236, refers to the large number of placeroen in the old 
 Lower Canada assembly : "The elections of 1800 returned as members 
 of the assembly ten government placemen (or one-fifth of the entire num- 
 ber), namely, four executive councillors, three judges, and three other 
 state officials." 
 
 2 7 Will. IV., c. 114, Upp. Can. Stat. See 51 Geo. III., c. 4, Lower Can. 
 Stat. 
 
 * The strong opinions of the imperial authorities as to the independence 
 of the bench and the legislature may be understood by reference to a 
 despatch of Viscount Goderich, 8th Feb., 1831, in which he recommends 
 the application of the English system under which judges are independ- 
 ent of the Crown. He thought, however, the chief justice might well re- 
 main a member of the legislative council, in order that they might have 
 the benefit of his legal knowledge, but " his Majesty recommends even to 
 that high officer a careful abstinence from all proceedings by which he 
 might be involved in any contention of a party nature." Lower C. J. 
 (1831), 53. 
 
 ■' 7 Will. IV., c. 114, Upp. Can. Stat. ; 4 Will. IV., c. 32, Lower Can. Stat. 
 
112 THE SENATE AND HOUSE OF COMMONS. 
 
 came law ' in 1844, and has formed the basis of all subse- 
 quent legislation in this country. Judges and other pub- 
 lic officers, as well as contractors with the government, 
 were specifically disqualified from sitting and voting in 
 the assembly, and were liable to a heavy penalty should 
 they violate the law. Seats of members accepting offices 
 of profit from the Crown had to be vacated, and writs for 
 new elections issued forthwith ; but all persons, not dis- 
 qualified under the act, could be again returned to the 
 assembly — a provision intended to apply to members of 
 the executive council. In 185*7, Solicitor-G-eneral Smith 
 introduced an act amending the foregoing statute in sev- 
 eral important particulars, with a view of giving the 
 principle embodied in the law more extensive application. 
 Under the act,^ no person, accepting or holding any office, 
 commission or employment, permanent or temporary, at 
 the nomination of the Crown in the province, to which 
 an annual salary, or any fee, allowance, or emolument or 
 profit of any kind or amount whatever from the Crown, is 
 attached, shall be eligible as a member of the legislative 
 council, or of the legislative assembly.' During the first 
 session of the first parliament of the dominion, the act 
 of 185*7 was' re-enacted,* with several amendments that 
 were necessary under the new state of things, but the 
 great principle involved in such legislation — of preserving 
 the independence of parliament — was steadily kept in 
 view. It was provided, however, that one of the com- 
 missioners of the intercolonial railway, or any officer of 
 her Majesty's army or navy, or any officer in the militia. 
 
 1 7 Viet., c. 65. Assented to by her Majesty in council, 17th April, 1844. 
 Amended by 16 Vict, c. 154, and 18 Vict., c. 86, certain doubts having 
 arisen as to sections of the act of 1843. 
 
 2 20 Vict., c. 22, Can. Stat. 
 
 ■' See Consol. Stat, of Canada, chap. iii. Amended in respect to recov- 
 ery of penalties by 29 Vict., c. 1. 
 * 31 Vict., c. 25, am. in 1871 by 34 Vict., c. 19. 
 
THE INDEPENDENCE OF PARLIAMENT. 173 
 
 or militiaman, (except officers on the staff of the militia 
 receiving permanent salaries) might sit in the house/ 
 
 In the session of 1877, attention was called in the House 
 of Commons to the fact that a number of members ap- 
 peared to have inadvertently infringed the third section 
 of the act, which is as follows : 
 
 " No person whosoever holding or enjoying, undertaking or 
 executing, directly or indirectly, alone or with any other, by 
 himself or by the interposition of any trustee or third party, any 
 contract or agreement with her Majesty, or with any public 
 oiHcer or department, with respect to the public service of Canada, 
 or under which any public money of Canada is to be paid for any 
 service or work, shall be eligible as a member of the House of 
 Commons, nor shall he sit or vote in the same." 
 
 Some doubts arose as to the meaning of the word " con- 
 tract " under the foregoing section, and all the cases in 
 which members were supposed to have brought them- 
 selves within the intent of the statute were referred to the 
 committee on privileges . In the several cases so referred, 
 it was alleged : That Mr. Anglin, speaker, who was editor 
 and proprietor of a newspaper, had received public money 
 in payment for printing and stationery furnished "per 
 agreement" to the post-office department.^ That Mr. 
 Currier was a member of a firm which had supplied some 
 lumber to the department of public works.^ That Mr. 
 Norris was one of the proprietors of a line of steamers 
 upon the lakes which had carried rails for the govern- 
 ment'' That Mr. Burpee was a member of a firm which 
 was supplying certain iron goods to government rail- 
 ways.' That Mr. Moffatt was interested in, and had been 
 paid for, the transport of rails for the government." That 
 Mr. T. "Workman was a member of a firm interested in 
 
 1 31 Vict, c. 25, s. 1, sub-s. 3. 
 
 ^ Can. Com. J. (1877), 233, 234, 235, 236, 265, 357, and app. No. 8. 
 
 '' lb. 263. * Ih. 264. 
 
 5 lb. 313. " lb. 315. 
 
IT* THE SENATE AND HOUSE OF COMMONS 
 
 the supply of hardware to the department of public 
 works/ That Mr. A. Desjardins was editor and publisher 
 of the '' Nouveau Monde," which had received public 
 money for government advertisements and printing. 
 Both Mr. Currier and Mr. Norris, believing that they had 
 unwittingly infringed the law, resigned their seats during 
 the session.^ In only one case, that of Mr. Anglin, were 
 the committee able to report, owing to the lateness of the 
 session. In this case, which caused much discussion, 
 the committee came to the conclusion that the election 
 was void, inasmuch as Mr. Anglin became a party to 
 a contract with the postmaster-general, but that " it 
 appeared, from Mr. Anglin's evidence, that his action 
 was taken under the bond fidt belief, founded on the 
 precedent and practice hereinafter stated, that he was 
 not thereby holding, enjoying, or undertaking any con- 
 tract or agreement within the section." * In the Eussell 
 case of 1864, the precedent referred to in the report, an 
 election committee of the legislative assembly of Canada 
 found that the publication, by the member for Eussell, 
 of advertisements for the public service, paid for with 
 the public moneys, did not create a contract within the 
 meaning of the act. On the other hand, the committee 
 of 18Y*7 came to the conclusion that the decision of 1864 
 was erroneous. It appeared from the evidence taken by 
 that committee, and from the public accounts of the 
 dominion, that " between 186Y and 1873, numerous 
 orders, given by public officers, for the insertion of adver- 
 tisements connected with the public service were ful- 
 filled, and various sums of public money were paid 
 therefor to members of parliament." It was never alleged 
 at the time that these members were disqualified, but the 
 committee were of opinion, nevertheless, that " according 
 
 1 Can. Com. J. (1877), 325. ^ Ih. 326. 
 
 3 Mr. Currier, lb. 270 ; Hans. 1513 ; Mr. Norris, Jour. 282 ; Hans., 1568. 
 
 * Can. Com. J. (1877), 357, app. No. 8. Hans., 1267, 1303. 
 
THE INDEPENDENCE OF PARLIAMENT. 175 
 
 to the true construction of the act for securing the inde- 
 pendence of parliament, the transactions in question did 
 constitute disqualifying contracts." The result of this re- 
 port was the resignation, during the recess, of Mr. Anglin, 
 Mr. MofFatt, and some other members who had entered 
 into " disqualifying contracts," according to the strict in- 
 terpretation of the law given by the committee.' In con- 
 cluding their report the committee of ISTT stated their 
 opinion that the act required careful revision and amend- 
 ment. During the debate on the act there was a general 
 expression of opinion that the penalty ($2,000 a day) was 
 exorbitant. Some actions for the recoAJ^ery of the penalty 
 having been entered against several members for alleged 
 violations of the act, the government introduced a bill for 
 the purpose, as set forth in the pream.ble, of relieving 
 from the pecuniary penalty under the statute, such per- 
 sons as may have unwittingly rendered themselves liable 
 to the same. The act applied, however, only to those 
 persons who may have sat or voted at any time up to the 
 end of that session of parliament.^ 
 
 In the session of 1878, the minister of justice, Mr- 
 Laflamme, introduced a bill " to further secure the inde- 
 pendence of parliament." ' As the law now stands " no 
 
 ' Messrs. Jones and Vail also resigned tlieir seats, being stockholders 
 in a company which had performed printing and advertising for the gov- 
 ernment. Hans. (1878), 126. Mr. Mitchell also resigned, p. 13. Messrs. 
 Burpee, Workman and Desjardins did not resign, as they had not vio- 
 lated the provisions of the act. See Hans. (1877), 1709, 1809, 1810. 
 
 ^ 40 Vict., 0. 2, Can. Hans. (1877), 1851-67. Mr. Justice Stephen in Brad- 
 laugh V. Gosset, 2 B. D., Feb. 9, 1884, laid it down that "for the purpose 
 of determining on a right to be exercised in the House itself, and in par- 
 ticular the right of sitting and voting, the House, and the House only, could 
 interpret a statute, but that as regards rights to be exercised out of, and 
 independent of the House, such as the right of suing for a penalty for hav- 
 ing sat and voted, the statute must be interpreted by the court, irrespec- 
 tive of the House." 
 
 3 41 Vict. c. 5 ; Eev. Stat, of Can., c. 11, ss. 9-19 ; Sen. Deb. [1878], 825, 
 870, 979, Can. Hans. [1878], 369, 1226, 1327, 2O08, 2038, 2546, 2551. Among 
 the clauses in the original bill was one declaring ineligible any person 
 
1*76 THE SENATE AND HOUSE OF COMMONS. 
 
 person accepting or holding any office, commission or 
 employment, permanent or temporary, in the service of the 
 government of Canada, at the nomination of the Crown, 
 or at the nomination of any of the officers of the govern- 
 ment of Canada, to which any salary, fee, wages, allow- 
 ances or emolument, or profit of any kind is attached " is 
 eligible as a member of the House of Commons. But 
 nothing in the section just quoted " shall render ineligible 
 any person holding any office, commission, or employment 
 of the nature or description " mentioned above, " as a 
 member of the House of Commons, or shall disqualify him 
 from sitting or voting therein, if, by his commission or 
 other instrument of appointment, it is declared or pro- 
 vided that he shall hold such office, commission or employ- 
 ment, without any salary, fees, wages, allowances, emolu- 
 ment or other profit of any kind attached thereto." ' The 
 offices of sheriff, registrar of deeds, clerk of the peace, or 
 county crown attorney in any of the provinces of Canada 
 are expressly disqualified. The provisions with respect 
 to contracts are quite stringent. Among other things 
 it is provided that " in every contract, agreement, or 
 commission to be made, entered into or accepted by any 
 person with the government of Canada, or any of the 
 departments or officers of the government of Canada, there 
 shall be inserted an express condition that no mem- 
 
 " entitled to any superannuation or retiring allowance from the govern- 
 ment of Canada " ; but this provision, which evoked much opposition, was 
 rejected by the Senate. Can. Hans. [1878], 1229, Mr. Masson; 1235, 2008, 
 2038 (Sir John Macdonald). 
 
 ' This sub-section was added in 1884 (47 Vict. c. 14) in counection with 
 the case of Sir Charles Tupper, who, while a member of the house of com- 
 mons and minister of railways, accepted the position of High Commis- 
 sioner of Canada, resident in London, but received no salary under his 
 commission for that office. The committee on privileges were of opinion 
 that the seat was not vacated, but to quiet doubts raised in and out of the 
 House on the point, the foregoing act was passed indemnifying Sir Charles 
 Tupper from all liability to any penalty or responsibility, and adding the 
 qualifying provisions cited above to the law. See Can. Com. J. (1884) 
 325; Hans. 624, 844, 861-78 ; 1446-1499. 
 
THE INDEPENDENCE OF PARLIAMENT. Vl^ 
 
 "ber of the House of Commons shall be admitted to any 
 share or part of such contract, agreement or commission, 
 or to any benefit to arise therefrom." Any person dis- 
 qualified as a contractor or otherwise under the act shall 
 forfeit the sum of two hundred dollars for every day on 
 which he sits and votes. Any person admitting a member 
 to a share in a contract ^hall forfeit and pay the sum of 
 two thousand dollars for every such offence. Provision is 
 also made that no senator can become a government con- 
 tractor, or be indirectly concerned in a contract, and in 
 case of a contravention of the statute he shall forfeit two 
 hundred dollars for every day during which he continues 
 a party to such contract. Proceedings for the recovery of 
 a penalty must be taken within twelve months after it 
 has been incurred. In addition to the clause providing 
 for the re-election of members accepting office in the privy 
 council, it is provided, as in the act of 1867, that a minis- 
 ter need not vacate his seat if he resigns his office and 
 accepts another in the same ministry within one month 
 after his resignation " unless " — and this w^as added in 
 1818 — " the administration of which he was a member 
 has resigned and a new administration has been formed, 
 and has occiipied the said offices." ^ 
 
 ^ This provision is intended to guard against a repetition of what actu- 
 ally occurred in the history of Canada during the administration of Sir 
 Edmund Head. Can. Hans. (1878), 1227. The facts of this remarkable 
 episode in the constitutional history of Canada may be briefly stated as 
 follows: In the session of 1858, the Macdonald-Cartier ministry resigned 
 on the question of the seat of government, and were succeeded by the 
 Brown-Dorion administration. The latter, however, resigned almost im- 
 mediately on account of the refusal of the governor-general (Sir Edmund 
 Head) to dissolve a parliament just elected, and for other reasons which 
 he gave at length. The Cartier-Macdonald ministry which followed com- 
 prised all the members of the Macdonald-Cartier cabinet with two excep- 
 tions. The old ministers resumed their seats without re-election by 
 availing themselves of the seventh section in the Independence of Parlia- 
 ment Act, allowing a minister to resign his office and accept another 
 before the expiration of a month. Then having complied with the letter 
 of the law, they resumed their old offices in the ministry. This action of 
 12 
 
118 THE SENATE AND HOUSE OF COMMONS. 
 
 The law also provides that nothing in the statute shall 
 render ineligible persons holding the several cabinet 
 offices, " or any office which may be hereafter created, to 
 be held by a member of the queen's privy council for 
 Canada, and entitling him to be a minister of the Crown, 
 or shall disqualify him to sit and vote in the House of 
 Commons, provided he is elected while holding such office 
 and is not otherwise disqualified." ^ 
 
 The statute does not apply to a member of either house 
 who is a shareholder in any incorporated company, having 
 a contract or agreement with the dominion government, 
 unless it be a company which undertakes a contract for 
 the construction of any public work. Nor does it dis- 
 qualify any contractor for the loan of money or of securi- 
 ties for the payment of money to the dominion govern- 
 ment under the authority of parliament, after public 
 competition, or respecting the purchase or payment of 
 the piiblic stock or debentures of Canada, on terms com- 
 mon to all persons. The provision in the act of 1867-8 
 respecting the militia is continued. 
 
 In the first session of the parliament of the dominion, 
 Mr. Holton and Mr. Blake called the attention of the House 
 to some important questions affecting the right of a num- 
 ber of members to hold their seats in the Commons ; and 
 though the matter is now one of those dead issues not 
 likely to occur again, it will not be without interest to 
 explain its origin and ultimate determination. The first 
 
 the members of the old cabinet provoked much discussion in and out of 
 parliament ; but it was sustained by a majority of the legislative assem- 
 bly, and subsequently by decisions of the courts. Todd's Pari. Gov. in 
 the Colonies, 528-537. Dent's Canada since the union, vol. ii. 369, et seq. 
 Leg. Ass. J. [1858], 973-976, 1001. 17 U. C Q. B., 310; 8 U. C. C P., 
 
 479. 
 
 ^ In explaining this amendment to the law, when the bill was before 
 parliament, the minister of justice stated that it was made with the object 
 " of avoiding the re-enactment of the Independence of Parliament Act 
 to apply to new ministerial offices which should be created." Hans. 
 [1878], 1227. 
 
THE INDEPENDENCE OF PARLIAMENT. 1Y9 
 
 questiou raised was this — Whether those gentlemen who 
 were ministers of the Crown in the provinces of Ontario 
 and Quebec were, or were not, precluded from sitting and 
 voting in the House of Commons under the Independence 
 of Parliament Act ? The second question was — "Whether 
 the members of the privy council of Canada did not hold 
 offices of profit and emolument which brought them under 
 the operation of the said act, and consequently disquali- 
 fied them from sitting and voting in the House ? ^ By the 
 41st section of the British North America Act, 1867, the 
 Independence of Parliament Act of old Canada was con- 
 tinued in force until changed by the dominion parliament. 
 Consequently it was urged that those members who were 
 members of the privy council of Canada, and of the exe- 
 cutive councils of Ontario and Quebec, held offices, at the 
 time of their election, which " by reason of the expecta- 
 tion that salaries or emoluments would be attached to 
 them," might be considered as offices of profit under the 
 Crown. Much difterence of opinion was expressed in the 
 House on the subject, and the first point, as to the eligi- 
 bility of members of the provincial executive councils, 
 was referred to the committee on privileges and elections 
 who decided, after due consideration, that those gentle- 
 men " have a legal right to sit and vote in the House of 
 Commons, and are not disqualified from so doing by 
 holding the offices above mentioned." ^ The other point 
 as to the eligibility of the members of the privy council 
 was not referred to the committee — a motion to that effect 
 having, after debate thereon, been withdrawn.^ The issue 
 
 ' Pari. Deb. (1867-8), 37-38, 46-48. 
 
 ^ Can. Com. J. (1867-8), 45. In this connection see report of select com- 
 mittee of Imperial House of Commons in 1878-9 on Sir B. O'Loghlen's 
 election for the county of Clare. His seat was declared vacant because he 
 had accepted office " under the Crown" in the colony of Victoria, Aus- 
 tralia. 245 E. Hans. (3), 258, 437, 516, 1104, 1185. He accepted the office 
 of attorney-general. No. 130, Pari. P., 1878-9, vol. viii. 
 
 ' Can. Com. J., 38, 40. 
 
180 THE SENATE AND HOUSE OP COMMONS. 
 
 of the controversy was the introduction and passage of 
 an act to remove all doabts as to the matters in ques- 
 tion.^ 
 
 IX. Issue of Writs. — In the session of 187'7, a question 
 arose as to the power of the House to order the issue of 
 writs when seats are vacated by the decision of a court . 
 It was doubted whether such an order was necessary 
 under the Canadian Elections Act. Subsequently, Mr. 
 Speaker Anglin took occasion to inform the House that on 
 looking into the question he had found that the English 
 Controverted Elections Act ^ left the power in the House 
 to order the immediate issue of a writ on being informed 
 ofa vacancy through the decision of an election court. The 
 Canadian statute,^ on the other hand, made it the express 
 duty of the speaker to order the issue of the writ. It is 
 now the practice for the speaker to inform the House 
 immediately when he has given his orders for the issue 
 of a writ for a new election.* In all cases, however, not 
 specified by statute, the House retains its control over the 
 issue of writs, and may order the speaker to issue his 
 warrant.' In England, the usiial motion for a new writ 
 
 ' 31 Vict, c. 26. This act also declared the queen's printer of Nova 
 Scotia capable of sitting and voting in the house, Mr. Macdonald, of 
 Lunenburg, N.S., holding that office at the time. The preamble of the 
 act sets forth very fully the reasons for the legislation, and any one de- 
 sirous of more information will obtain it by reference to the act and the 
 reports of debates. 
 
 2 31 and 32 Vict., c. 125, s. 18, Imp. Stat. 
 
 ^ 37 Vict., 0. 10, s. 36. See Rev. Stat, of Can., c. 9, s. 46. 
 
 * Can. Hans., March 1st and 5th, 1877 ; Jour. (1877), 85, 86; lb. (1887) 
 90 ; lb. (1890), 281. 
 
 ^ Cases of Louis Biel, expelled, infra 196 ; of O'Donovan Rossa, infra 194 
 See Can. Hans. (1875), 320, for opinions of Sir J. Macdonald and Mr. 
 Fournier. The Controverted Elections Act and Independence of Parlia- 
 ment Act give authority to speaker ; 39 Vict., c. 10, s. 2, provides for cases 
 where no new writ for a new election shall issue, save by order of the 
 House. See Rev. Stat, of Can., c. 9, s. 48, and supra 160, 161, for a report 
 of a committee on this section. 
 
RESIGNATION OF MEMBERS. 181 
 
 is made in all cases by a member when the House is 
 in session/ 
 
 Although the law provides for the immediate issue of 
 warrants by the speaker of the House for writs of election, 
 it is defective inasmuch as great delay may occur in the 
 absence of any provision requiring the writ to issue at a 
 definite date. As it is now, the writ cannot issue until 
 a returning officer has been duly appointed by the gov- 
 ernment. The question has been discussed more than 
 once in parliament, and in 1888 an amendment was pro- 
 posed to the election act in the direction of ensuring as 
 much expedition as possible in the issue of writs of elec- 
 tion.^ 
 
 X. Resignation of Members— Vacancies by Death, etc.— Ample 
 provision is made in the law for the resignation of 
 members during a session or a prorogation of parlia- 
 ment.' A member may resign his seat by giving notice 
 formally in his place in the house of his intention to do so — 
 which notice must be entered by the clerk on the journals ^ 
 — or by addressing and delivering to the speaker a declara- 
 tion of his intention, made under his hand and seal before 
 two witnesses, either during the session or in the interval 
 between two sessions, which declaration must also be duly 
 entered on the journals.' When these preliminaries have 
 been complied with the speaker shall forthwith issue his 
 
 1 131 E. Com. J., 50, 55 ; 140 lb. 214, etc. 
 
 '' Can. Com. J. (1888), 266, 267 ; Can. Hans., May 2nd, where speakers 
 gave some data on the subject, to show the necessity of a change in the 
 law. 
 
 ^ 41 Vict, c. 5 Dom. Stat., ss. 12-15 inchisive. Rev. Stat, of Can., c. 13, 
 ss. 5-9. 
 
 * Mr. Methot, March 26th, 1884, on acceptance of a seat in the Quebec 
 legislative council ; Mr. Eykert, May 2nd, 1890. 
 
 * Can. Com. J. (1877), 269-70 (Mr. Currier); 282 (Mr. Norris). In the 
 former of these cases, which occurred during the session, both an oral 
 statement was made and a written declaration delivered. For cases dur- 
 ing recess, see Jour. (1875), 39 ; lb. (1880), 7 ; lb. (1882), 4. 
 
182 TEE SENATE AND ROUSE OF COMMONS. 
 
 warrant for the issue of a writ for a new election.^ But 
 no member can so resign his seat while his election is 
 lawfully contested ; nor until after the expiration of the 
 time during which it may be contested on other grounds 
 than corruption and bribery. If a member wishes to 
 resign his seat during the prorogation of parliament, and 
 there is no speaker, or the member himself is the speaker, 
 he may address a declaration of his intention to two 
 members who shall thereupon order the issue of a writ 
 for a new election.' In case of a vacancy by death ^ or 
 acceptance of office, '' two members may inform the 
 speaker of the fact by notice in writing— or a member 
 may do so in his place ; and the speaker shall there- 
 upon address his warrant to the clerk of the crown 
 in chancery for a writ of election. If, when such vacancy 
 occurs there be no speaker, or he be absent from Canada, 
 or if the member whose seat is vacated be himself the 
 speaker ; then, any two members may address their war- 
 rant to the clerk of the crown in chancery for a writ of 
 election.^ Provision is also made for the issue of a new 
 writ for the election of a member to fill up any vacancy 
 arising subsequently to a general election and before the 
 first meeting of the new parliament, by reason of the 
 death or acceptance of office of any member — which writ 
 
 ' Can. Com. J. (1877), 275, 284. 
 
 '^ Can. Com. J. (1878), 2-8. Mr. Speaker Anglin had resigned his seat 
 soon after the prorogation in May, 1877. 
 
 " Can. Com. J. (1877), 5. It was not an unusual practice in the Com- 
 mons on the decease of a member to move that Mr. Speaker do issue his 
 warrant, &c. Jour. (1880), 163 ; lb. (1880-1), 247. But the express language 
 of the statute does not require such a motion, and the speaker issues his 
 warrant on receiving notification from two members (Carleton, N. B., 
 1880-81 ; S. Grenville, 1885 ; Ottawa city, 1890) or on simply being informed 
 by a member in his place of the decease of a member (Cariboo, B. C, 
 1880-81, and Kent, N. B., 1890). 
 
 * lb. (1877), 5. 
 
 "lb, (1878), 2. Mr. Laurier accepted office after resignation of Mr. 
 Speaker Anglin. 
 
RESIGNATION OF MEMBERS. 183 
 
 may issue at any time after such vacancy occurs.^ No 
 provision exists in the statute for a member resigning his 
 seat after a general election and before the meeting of 
 parliament ; his seat becomes vacant, however, by his ac- 
 ceptance of an ofBce of emolument under the Crown, as 
 was done in two cases during IS'ZS — Messrs. Horton and 
 Macdougall temporarily accepting such offices in order to 
 provide seats for Messrs. Cartwright and Langevin.^ 
 
 In case a member is returned for two constituencies he 
 must make his election for which of the places he will 
 serve by formally resigning his seat when the House is in 
 session. Under the old Controverted Elections Act, he 
 would have to wait until the expiration of the fourteen 
 days required by law for the presentation of a petition in 
 the House against his return.^ The English Hoase of 
 Commons has a sessional order requiring that " all mem- 
 bers returned for two or more places do make their election 
 within one week after it shall appear that there is no 
 question upon the return for that place." * If there is a 
 petition against the return of a member, he cannot elect 
 
 ' In September, 1878, the general election resulted in the defeat of the 
 Mackenzie administration. IVIr. Mackenzie soon afterwards resigned, and 
 Sir John Macdonald took his place. Consequently the new ministers 
 had to be re-elected. See Journals (1879), xxv.-ix. Sir J. Macdonald had 
 been defeated in Kingston, but returned by acclamation for Marquette, 
 in Manitoba, where the elections were held at that time later than in 
 Ontario. On accepting office in October, his seat became vacated, and he 
 decided to sit for the district of Victoria, British Columbia, where the 
 election was held on the 21st October. See Annual Register (1878), 211. 
 Mr. Caley, of Beauharnois, also died before the meeting of the new par- 
 liament, xxix. 
 
 ^ Com. J. (1879) XXV. xxix. Annual Register (1878), 210, 212. In the 
 debate on the amendments to the Independence of Parliament Act dur- 
 ing 1878, several members referred to the advisability of amending the 
 act to meet such cases, but no amendments were made in this respect ; 
 Hans. 1358-9. 
 
 ^ Mr. Blake returned for West Durham and South Bruce ; he elected to 
 serve for S. Bruce ; Jour. (1873), 49. 
 
 * May, 716. This order is renewed every session. 
 
184 THE SENATE AND HOUSE OF COMMONS. 
 
 to serve for either until the matter is finally decided in 
 the courts.^ In 1882, Sir John Macdonald was returned 
 for the electoral districts of Oarleton and Lennox, and a 
 petition having been regularly entered in the courts 
 against his return for Lennox, he was unable to make his 
 election for either during the session of 1883 in accordance 
 with the rule governing such cases. For a member " can- 
 not abandon the seat petitioned against, which may be 
 proved to belong of right to another, and thus render void 
 an election which may turn out to have been good in 
 favour of some other candidate ; neither can he abandon 
 the other seat, because if it should be proved that he is 
 only entitled to sit for one, he has no election to make." ^ 
 As it has been stated elsewhere, the Canadian law pro- 
 vides that no member can resign his seat while his elec- 
 tion is or may be contested.' But a member may accept 
 an office of emolument under the Crown, and consequently 
 vacate his seat under the law providing for the independ- 
 ence of parliament, all rights of any persons to contest 
 being saved.* 
 
 In case of a " double return " each of the members elect 
 is entitled to be sworn ; but neither should sit or vote 
 
 1 May, 717. Mr. Gathorne Hardy, 21st Feb., 1866. 
 
 ^ May, 717. See case of Mr. O'Connell in 1841, 96 E. Com. J., 564 ; 59 E. 
 Hans. (3), 503. In 1842, the election committee having reported, he made 
 his election ; 97 E. Com. J., 302. 
 
 " Supra 182. In 1887, both Sir J. Macdonald and Mr. Blake were re- 
 turned for two constituencies, but they did not elect for which seat they 
 would sit until after the session of that year as their seats were contested 
 in the courts. Can. Com. J., (1888) 38, 39. 
 
 * See Eev. Stat, of Can., c. 13, s. 8. In 1883 Mr. do Beaujeu was elected 
 for Soulanges, on the decease of Mr. Lantier, and his seat being con- 
 tested, the superior court of Quebec declared the election null and void. 
 He appealed to the supreme court of Canada. But before it was there 
 decided he accepted an office, which he immediately resigned, and then 
 contested his county again, but he was defeated by his former opponent. 
 The judgment of the supreme court, confirming the judgment of the Que- 
 bec superior court was not given until several weeks after the second 
 election. Can. Com. J., (1883) 13 ; Ih. (1884) 12, 210. 
 
RESIGNATION OF MEMBERS. 185 
 
 until the matter has been finally determined/ The rule 
 of the House requires that " all members returned upon 
 double returns] are to withdraw until their returns are 
 determined." ^ The Dominion Elections Act (Eev. Stat., 
 c. 8, s. 61) endeavours, as far as possible, to prevent a 
 double return, since the returning officer, in case of an 
 equality of votes, shall give a casting vote — the English 
 law in a similar contingency being only permissive.' In 
 the absence of statutory enactments the common political 
 law governs in England and her dependencies. For in- 
 stance, insane persons are incapable of exercising the trust 
 of members ; but the English Commons have always in- 
 quired into the nature of the affliction, and granted or re- 
 fused a new writ, according as the incapacity has been 
 shown to be temporary or permanent.* 
 
 ' See case of Marquette, 1872. Both members were sworn and took their 
 seats, and then witLdrew, whilst the case was before the committee of privi- 
 leges and elections. For English cases see May, 718, 719. In 1859 there 
 were double returns for Knaresborough and Aylesbury, which were duly 
 decided by election committees. In 1878 there was a double return for 
 South Northumberland. One of the contestants retired, and the judge so 
 reported. The clerk of the crown in chancery was then ordered to attend 
 and amend the return by erasing the name of one of the parties- See 133 
 E. Com. J., 333. Eev. Stat, of Can., c. 9, s. 61, (37 Vict, c. 10, s. 59, provides 
 for a similar procedure. 
 
 f Made a standing order in 1876, Jour. 110. The English rule is the 
 same; 136 E. Com. J., 8. 
 
 ■' Pari, and Mun. Elections Act of 1872, s. 2. See the King's Co., P. E. I., 
 election case, supra 167. Cushing in his remarkably clear treatise on legis- 
 lative assemblies (p. 49), gives the following definition of this class of re- 
 turns : — " A writ of election, being returnable on a day named in it, must 
 be returned accordingly, whether an election has taken place or not. 
 Hence, returning officers sometimes make a special return, stating all the 
 facts where no election has been made ; or a ' double return ' (as it is 
 called), where they are unable to determine which of two, or of two sets 
 of candidates, has been elected." If an English returning officer does not 
 choose to give a casting vote, (as happened in South Northumberland 
 election, 1878), he will endorse two certificates on the writ. 
 
 * Case of Grampound, in 1566 ; of Alcock in 1811 ; D'Ewes, 126 ; 2 Hat- 
 sell 35 n. Also that of Mr. Crooks, Ontario legislature, Feb. 12 and 14, 
 1884. See Cushing, p. 26. 
 
186 THE SENATE AND HOUSE OF COMMONS. 
 
 XI. Introduction of Members.— After the first day of a new 
 parliament, new members are not sworn at the table, 
 but generally in the clerk's room where the roll is kept, 
 and one or more of the commissioners (the clerk being 
 always one) will be in attendance. A.t the beginning of a 
 parliament, the return book, received from the clerk of the 
 crown, is sutficient evidence of the return of a member, 
 and the oath is at once administered.^ "When a member 
 is returned after a general election, the clerk of the crown 
 sends to the clerk of the Commons his certificate of the re- 
 turn to the writ " deposited of record " in the Crown office, 
 which certificate will be laid before the House by the 
 speaker.^ But members have been not unfrequently ad- 
 mitted to their seats, on taking the oath, before the receipt 
 of the usual certificate of the clerk of the crown ; and in 
 such cases it has been always resolved: 
 
 " That in admitting elected to 
 
 represent the electoral district of 
 
 to take his seat upon the certificate of the returning officer, 
 the House still recommends a strict adherence to the prac- 
 tice of requiring the production of the usual certificate of 
 the clerk of the crown in chancery to the return of the 
 writ of election." ^ 
 
 1 Can. Com. J. (1874, 1879, 1891), 1, &c. 
 
 ■' lb. (1877), 5, 6, &c. 
 
 ■' Mr. Abbott, Feb. 16, 1880 ; Mr. Angers, Feb. 20, 1880 ; also, Jour. 
 (1880-81), 15 and 21 Deo. ; Mr. Piatt, 23rd March, 1888 ; Mr. Edwards, May 
 14th, 1888. The return by indenture was discontinued by the Election 
 Act of 1874. The resolution, as previously moved, allowed the member to 
 take his seat on the production of the duplicate indenture only. Can. 
 Com. J. (1867-8), 187 ;i6. (1877), 190. It was proposed in the session of 
 1879 to admit a member on a telegram sent to the clerk of the crown by 
 the returning ofllcer, but the House properly refused to make so dangerous 
 a precedent. Can. Hans. (1879), 42-44. This practice is very question- 
 able, and might lead to a curious complication if a recount should take 
 place under the law after the member was allowed to be sworn in on the 
 receipt of the mere certificate of the returning officer ; and yet that recount 
 might have actually occurred in past cases. 
 
INTRODUCTION OF MEMBERS. ISY 
 
 In such cases, the certificate of the clerk of the crown 
 is reported to the House as soon as it is received/ 
 
 As a rule, members who come in upon new writs issued 
 after a general election, should be formally introduced to 
 the House, in accordance with the ancient custom of the 
 English Commons which is stated in these words : 
 
 " That upon new members coming into the House, they 
 be introduced to the table between two members, making 
 their obeisances as they go up, that they may be the better 
 known to the House." ^ 
 
 The new member will be presented in these words : 
 " Mr. Speaker, I have the honour to present to you 
 
 , member for the electoral district of 
 who has taken the oath and signed 
 the roll, and now claims the right to take his seat." The 
 speaker will thereupon reply : " Let the honourable mem- 
 ber take his seat." The member will then advance to the 
 chair and pay his respects to the speaker. 
 
 Up to the session of 18*76, it was not the invariable 
 practice to introduce members whose seats had been 
 vacated under the acts for the trial of controverted elec- 
 tions, and who had been subsequently elected. These 
 ■members and newly elected ministers simply took the oath 
 (in the clerk's office) and their places without the formality 
 of an introduction ; and the record of the fact was made 
 
 1 Can. Com. J. (1877) 190, 212. 
 
 ^ 2 Hatsell, 85; May, 218; resolution of 23rd Feb., 1688. This practice 
 is not followed in the case of members who come in upon petition after a 
 general election, 2 Hatsell, 85, n. This practice of introduction in the 
 English Commons is invariable. If the House considers the introduction 
 unnecessary under peculiar circumstances, the rule must be formally sus- 
 pended. Case of Dr. Kenealy, 222 E. Hans. (3), 486-7; Can. Hans. (1878), 
 5. Mr. Perrault was introduced Feb. 27, 1879 ; here vacancy occurred after 
 general election of 1878, by death of Mr. Tremblay. Mr. Bain, re-elected 
 Feb. 17, 1885 ; Mr. Hudspeth, re-elected May 5, 1887. Members have been 
 introduced while a member is speaking in the course of a debate, and a 
 committee of the whole has reported progress for that purpose; March 
 4th, 1890, in the case of Mr. Montague. See Can. Hans, in these cases. 
 
188 THE SENATE AND HOUSE OF COMMONS. 
 
 in the iisual way by the clerk in th.e journals.^ But in the 
 session of 1875, the premier called attention to the fact 
 that Mr. Orton, member for the electoral district of Centre 
 "Wellington, had sat and voted in the House during the 
 session without having taken and subscribed the oath 
 prescribed by law.^ The matter was referred to the com- 
 mittee of privileges, which subsequently reported : 
 
 " That the B. N. A. Act of 186*7 provides no direct for- 
 feiture or penalty in case of a member omitting to take 
 and subscribe the oath provided by the 128th section ; 
 
 " That the Act for the independence of members of 
 parliament (31 Vict., c 25) makes no provision for such 
 a case ; 
 
 " That consequently the seat was not affected by his 
 having sat and voted before he took the oath ; 
 
 " That the votes of the member, before he took the pre- 
 scribed oath, should be struck out of the diAdsion list and 
 journals, as he had no right to sit and vote until he had 
 taken that oath."^ 
 
 The difficulty in Mr. Orton's case showed very clearly 
 the necessity that existed for adhering strictly to the old 
 usage of parliament. On the first day of the session of 
 18*76 the speaker expressed his opinion to the House that" 
 " it would be better to revert to the old practice and have 
 everybody introduced ; " ■* and the House tacitly consented 
 to the suggestion, and the practice was carried out uni- 
 formly during 18*76 and 18*77.° But in the commence- 
 ment of the session of 1878 a number of members elected 
 during the recess " took their seats as soon as the House 
 
 ^ Can. Com. J. (1875), 52, 54, 58, 62, 65, &c. 
 
 2 Can. Hans. (1875), 260, 322, 324. 
 
 ■' Can. Com. J. (1875), 129, 176. But a member elect, not sworn, may 
 be appointed to committees, or as a manager of a conference- 2 Hatsell, 
 88, n. 113 E. Com. J., 182 (Baron Rothschild). 
 
 * Can. Hans. (1876), 1. ■> Can. Hans. (1876), 1, 3 ; lb. (1877), 2,24, &c. 
 
 " They had resigned on account of a violation of the Independence of 
 Parliament Act. See supra, 174. 
 
INTRODUCTION OF MEMBERS. 189 
 
 met, the speaker having resigned iu the interval. Some 
 of these members had sat in the House during the pre- 
 vious session ; others were elected for the first time. All 
 the circumstances connected with the opening of this 
 session were novel. Among the members who had 
 vacated their seats and been re-elected was Mr. Speaker 
 Anglin ; and it became consequently necessary to elect a 
 new speaker. The question then arose as to the proper 
 course to pursue with respect to the members elect, as 
 there was no speaker to lay before the House the certi- 
 ficates of their election and return. The clerk, however, 
 on the return of the Commons from the senate chamber, 
 and previous to the election of speaker, stood up and 
 announced the fact that vacancies had occurred during 
 the recess in the representation, and laid before the House 
 the usual certificates of the election of the members in 
 question. Objection was taken to this procedure at the 
 'time.^ The House being in possession of these evidences 
 of the return of members elected during the recess, pro- 
 ceeded to the election of a new speaker, and Mr. Macken- 
 zie proposed the re-election of Mr. Anglin, who was one 
 of those members. Sir John Macdonald opposed the mo- 
 tion on the ground that there was no House regularly 
 
 'Can- Hans. (1878), 1, 2. Probably the better course would have been 
 for the " committee " — for there is hardly aHouae in a constitutional sense 
 until the speaker is elected (Mr. Eaikes before Com. on Public B., 1878, p, 
 139), to have discussed the question informally on the invitation of the 
 leader of the House, and to have given some instruction to the clerk, who 
 had no precedents of the House of Commons to guide him. See, however, 
 proceedings of legislative council in 1862 (then elective) before election of 
 Sir Allan McNab, Leg. Coun. J., 17-19 ; also, proceedings in Leg. Ass. 
 of Quebec, in 1876, when a new speaker was appointed in the place of Mr. 
 Fortin. In these cases returns were laid before the House before election 
 of speaker. Also, see the journals of the Lower Canada Assembly for 
 1823 for a case of the clerk laying before the House the returns of the 
 election of new members under somewhat similar circumstances. 
 Mr. Papineau had declared his intention in writing not to be present 
 as speaker, and consequently it was necessary to elect a new presiding 
 officer. 
 
190 TRE SENATE AND HOUSE OF COMMONS. 
 
 constituted, and consequently they had no power to sus- 
 pend the rule requiring the introduction of a new mem- 
 ber. On the other hand it was contended that the prac- 
 tice of introduction had been variable in the House, and 
 that it was inadvisable to press any rule which would 
 render members who had performed all the obligations 
 required by law incapable of sitting in the House and as- 
 sisting in the election of speaker. A division was taken 
 on the question for the election, and Mr. Anglin was 
 chosen.' Several members elected during the recess, were 
 introduced formally on the day following the election of 
 speaker.^ Since 1819 all new members, including minis- 
 ters after re-election, have been introduced.^ 
 
 XII. Attendance of Members.— The members of both Houses 
 are expected to attend regularly in their places, and per- 
 form their duties under the constitution.* In case of un- 
 avoidable absence it is ihe proper course to have the- 
 reasons explained to the House, and leave will then be 
 given to the member to absent himself from his duties.^ 
 The names of senators present at a sitting are entered 
 every day in the journals in accordance with the prac- 
 tice of the House of Lords.^ 
 
 1 Can. Hans. (1878), 1-11 ; Jour., ]. 
 
 ^ Can. Hans. (1878), 11, 12, 13, This difficulty could not have occurred 
 in English practice. Memhers'must be sworn with the speaker in the 
 chair. Consequently Mr. Anglin could not have been nominated for 
 speaker in the English House during a parliament, as in this case. See 
 May, 202, note, where cases of Mr. Charles Dundas (35 Pari. Hist., 951), 
 and of Mr. Manners Sutton are referred to (Lord Colchester's Diary, iii. 
 260). Also, Pari. P., Eep. on office of Speaker, 1852-3, vol. 34, p. 66. 
 
 ^ Jour. (1880-1), 9 ; Can. Hans-, 9th December ; lb., 1882, 9th Feb. Mr. 
 Gladstone was formally introduced after his re-election as minister of 
 the Crown, in 1880. " London Graphic," July 3rd, 1880 ; H. W. Lucy, 
 Diary of Two Parliaments, ii. 9, 10. 
 
 ' 2 Hatsell, 99-101. A member of the English Commons has been ex- 
 pelled for refusing to attend the service of the house; Mr. Pryse, in 1715. 
 
 '= Can. Com. J. (1867-8), 34, 38. 
 
 « Sen. Journals, 1867-1891. 
 
MEMBERS' INDEMNITY. 191 
 
 The old practice in Canada, as in England, was to have 
 a call of the House and order all the members to attend on 
 a particular day,^ but this practice has now virtually be- 
 come obsolete — no cases having occurred since 1867. The 
 attendance of members in both houses is always large, 
 compared with that of the Imperial Parliament, and in 
 cases of emergency the party whips are expected to take 
 proper measures to have members in their places at a 
 particular time. Previous to the meeting of parliament, 
 the leader of the government will frequently, in view of 
 important business, send circulars to the supporters of the 
 ministry, requesting their prompt attendance. These are, 
 however, matters of political arrangement, which have 
 nothing to do with a work of this character, and are only 
 now mentioned as among the reasons why the old usage 
 of calling the members together has been practically 
 given up. 
 
 XIII. Members' Indemnity.— The members of both Houses 
 receive a sessional indemnity, besides a travelling allow- 
 ance, and forfeit a certain sum for every day of absence 
 from their duties in the House.^ 
 
 The act of 1867 relating to the indemnity to members 
 and salary of the speakers '^ gave each member six dollars 
 for each day's attendance, if the session did not extend 
 beyond thirty days ; but if it should be longer, he would 
 receive a sessional allowance of six hundred dollars. In 
 1873 the act was amended so as to increase these amounts 
 to ten dollars and to one thousand dollars, whilst the 
 
 1 May, 230 ; 80 E. Com. J., 150, 153, 157. Can. Leg. Ass- J. (1854), 177, 
 246, 284, 596, 622. 
 
 ''■ lu old times members of the English Commons were paid by a tax 
 levied on the several constituencies, and the custom of members bearing 
 their own charges probably dates to the middle of EKzabeth's reign. 
 Hearn, Govt, of England, 526-531. In 1841 members of the legislature of 
 Canada voted themselves £65 for indemnity. Turcotte, i. 88. 
 
 ^ 31 Vict, c. 3. 
 
192 THE SENATE AND HOUSE OF COMMONS. 
 
 salary of each speaker was raised from three thousand 
 two hundred to four thousand dollars annually/ A de- 
 duction of eight dollars per day shall be made from the 
 sessional allowance for every day on which the member 
 does not attend a meeting of the House ; but this deduc- 
 tion will not be made for days of adjournment, when the 
 House is not sitting, or in case of illness when the mem- 
 ber has been in attendance at the place where parliament 
 meets.^ Members are paid seven dollars for each day 
 as the session advances,' as well as mileage at the rate of 
 ten cents a mile, going and coming. At the close of the 
 session the sum due a member will be paid him by the 
 accountant of the House, on his making and signing be- 
 fore the same, or a justice of the peace, a solemn declara- 
 tion of the actual number of days he attended the House, 
 and of the number of miles travelled, as determined and 
 ratified by the speaker of the House.* 
 
 "When members have been obliged through illness to 
 absent themselves for a considerable part of the session, 
 or have been unable to present themselves in good season 
 at the seat of government through unaA'-oidable circum- 
 stances arising out of their election and return, it has been 
 usual to draw the attention of the House to the facts, and 
 
 • 
 
 1 36 Vict., c. 31. ss. 13, 14 ; Rev. Stat, of Can., c. 11, ss. 24, 25. 
 
 2 31 Vict., c. 3, s. 2, amended by 36 Vict., c. 31, s. 13 ; Eev. Stat, of Can., 
 c. 11, s. 26. 
 
 ' 39 Vict., c. 8, in amendment of 31 Vict., c. 3, s. 4 ; Eev. Stat, of Can., 
 c. 11, s. 28. 
 
 * Rev. Stat, of Can., c. 11, s. 31. See a long debate in the Senate show- 
 ing that it has been the uniform practice there, as in the Commons, to 
 have non-sitting daj's count for the purpose of making up the thirty-one 
 days necessary for the indemnity. Members who have attended only for 
 one or more days at the commencement of the session have received their 
 sessional allowance less the eight dollars per day deducted for days when 
 they had not attended the sittings of the house. Sen. Deb. (1880), 294- 
 304 ; Jour., 253. In 1890, a member who was living in London, England, 
 was paid travelling expenses between that city and Ottawa, on his decla- 
 ration that his " place of residence " was in London. See Can. Com. J., 
 449; Hans., 8th of May. 
 
BISQ UALIFICA TION OF MEMBERS. 193 
 
 to move that the members in question receive the sum 
 to which they would be entitled had not such circum- 
 stances prevented their attendance. The reasons have 
 been generally stated in the resolution, or else mention 
 has been made of the fact that there are special circum- 
 stances connected with the case. Attention is generally 
 called to such matters before the doors are opened, but the 
 resolutions have been always formally moved and entered 
 on the journals.^ This practice has been gradually falling 
 into disuse, and is only now resorted to under very excep- 
 tional circumstances.^ In case it is deemed expedient to 
 give full indemnity to families of deceased members of 
 either House, the proper course is for the government to 
 bring down the requisite vote in the estimates.' 
 
 XIV. Expulsion and Disqualification of Members.— The power of 
 Parliament to expel a member is undoubted.* This power 
 has been repeatedly exercised by the English and Colonial 
 
 ' Can. Com. (1871), 304, Manitoba members ; J6. (1874), 322; lb. (1875), 
 349, P. E. Island members detained by ice and storms; lb. (1876), 304; 
 lb. (1877), 196, 257; lb. (1878), 184, 220, 294; Can. Hans. (1878), 2549. 
 Cases of Messrs. Plumb, Orton, White and Perreault (election and re- 
 turn), 13tb May, 1879 ; precedent of 1874 was followed. 
 
 ^ Can. Com. J. (1882), 402. No mere resolution should be allowed to 
 evade the law, and the money should be regularly voted in the estimates. 
 In 1885 the House passed a resolution approving of the payment infull 
 of members engaged in military service in the Northwest of Canada ; 
 Jour- 256. But the proper course was pursued of voting the necessary 
 sum in the estimates. Can. Sess. P. of 1885, No. 1, supp. est., 3. 
 Once at the very close of the session, when the estimates were closed, the 
 accountant of the House was instructed ,to pay balance of indemnity , 
 on occasion of decease of Adam Hudspeth, 16th May, 1890. But all such 
 proceedings are questionable . 
 
 ^ Estimates of 1881. Sess. P., 1880-81, No. 1. 
 
 * May, 63 ; 144 E. Hans. (3), 702. The exercise of this right, being en- 
 tirely discretionary in its nature, ought to be governed by the strictest 
 justice; for if the violence of party should be let loose upon an obnoxious 
 member, and a representative of the people discharged of the trust con- 
 ferred on him by his constituents without good cause, a power of control 
 would thus be assumed by the representative body over the constituent, 
 whollv inconsistent with the freedom of election. Male, 44 ; Cushing, p. 250. 
 13 
 
194 THE SENATE AND HOUSE OF COMMONS. 
 
 Parliaments, either when members have been guilty of a 
 positive crime, or have offended, against the law^s and 
 regulations of the House, or have been guilty of fraudu- 
 lent or other discreditable acts, which proved that they 
 were unfit to exercise the trust which their constituents 
 had reposed in them, and that they ought not to continue 
 to associate with the other members of the legislature. 
 The instances of expulsion from the English Parliament 
 are very numerous, as may be seen by reference to the 
 English authorities.^ The most recent case is that of Mr. 
 Bradlaugh, in 1882, when the House resolved that " hav- 
 ing disobeyed the orders of the House, and having in con- 
 tempt of its authority, irregularly and contumaciously 
 pretended to take and subscribe the oath required by law, 
 he be expelled this House." ^ 
 
 The House of Commons of England has also always up- 
 held its dignity and declared unfit to serve in parliament 
 such persons as have been convicted of felony. The latest 
 cases are the following : — 
 
 In 18*70 Mr. O'Donovan Eossa, whilst undergoing sentence for 
 treason-felony, was elected member for Tipperaiy ; and the Com- 
 mons resolved that " having been adjudged guilty of felony, and 
 sentenced to penal servitude for life, and being now imprisoned 
 under such sentence he has become, and continues incajjable of 
 being elected and returned as a member of this House." On this 
 occasion. Sir Eoundell Palmer (now Lord Selborne) said that it 
 was " impossible that a man convicted of treason or felony and 
 suffering punishment for that offence, could be a fit person, on 
 account of the infamy attaching to that crime. A sentence of 
 transportation for life, or of penal servitude for life — which, 
 indeed, makes it necessarily impossible for a man to be present 
 for a single moment in this House — disqualifies the person subject 
 to it from being a member of parliament." ^ 
 
 1 May, 63-65 ; 18 E. Com. J., 336, 467 ; 20 lb. 702 ; 39 lb. 770 ; 65 lb. 433 ; 
 69 lb. 433; 5 Pari. Hist, 910; 144 E. Hans. (3), 702-10, where numerous 
 cases are given. 
 
 2 137 E. Com. J., 59, 61-62. See May, 210, et seq. 
 
 » 199 E. Hans. (3), 122-152; 125 E. Com. J., 8, 27. 
 
DISQUALIFICATION OF MEMBERS. 195 
 
 Mr. John Mitchell who had been sentenced to fourteen years 
 transportation for treasonable practices, escaped from his place of 
 imprisonment, and was subsequently elected, in 18Y5, member for 
 Tipperary, though he had not received a pardon from her Majesty 
 under the great seal. The necessary evidence of the facts hav- 
 ing been laid before the House, he was declared incapable of be- 
 ing returned to the Commons. The ground was taken by the 
 attorney-general that having had sentence passed upon him, and 
 having neither received pardon nor suffered the punishment to 
 which he was sentenced, he was disqualified." ' 
 
 In the session of 1882, a similar proceeding was taken in the 
 case of Michael Davitt, who had been convicted of felony, and 
 sentenced to penal servitude for fifteen years.'^ 
 
 The following are the most memorable examples of ex- 
 pulsion found in the records of Canadian parliamentary- 
 history : — 
 
 In 1800, C. B. Bouc, member for Effingham, Lower Canada, 
 was expelled on evidence being given that he had been convict- 
 ed at the assizes of a conspiracy with sundry other persons, un- 
 justly and fraudulently to obtain of one E. Dorion large sums of 
 money. He was re-elected more than once, but finally disquali- 
 fied by statute.'^ 
 
 In 1829, Mr. Christie, member for G-aspg, was expelled on the 
 report of a select committee of the Lower Canada assembly, on 
 various allegations of misconduct, but ostensibly for having, as 
 an extreme partisan of the government, badly advised the gov- 
 ernor and procured the dismissal of certain magistrates from the 
 commission of the peace, on account of their political opinions 
 and votes in the assembly. He was re-elected and expelled 
 several times.'' 
 
 1 222 E. Hans. [3], 490, 539 ; 130 E. Com. J. 25. He was again return- 
 ed, and as there had been a contest, the matter was determined under 
 the Election Petitions Act. The other candidate, having given due 
 notice of the disqualification, proved his claim to the seat, and the return 
 was amended accordingly. 224 E. Hans., 918, 919 ; 130 E. Com. J., 235, 
 236, 239. 
 
 ^ 137 E. Com. J., 77. 
 
 2 Lower Can. J. [180 54, 76, 96 ; lb. [1801], Jan. 24 ; lb. [1802], 324. 
 Christie's Lower Canada, i. 210, 221. 42 Geo. IIL, c. 7, Low. Can. Stat. 
 
 * Lower C. J. [1829], 447, 465, 479, 493 ; lb. [1830], Jan. 1st ; lb. [1831] , 
 
196 THE SENATE AND HOUSE CF COMMONS. 
 
 In 1831, the legislative assembly of Upper Canada declared 
 Mr. William Lyon Mackenzie ''guilty of gross, scandalous, and 
 malicious libels, intended and calculated to bring this House and 
 the government of this province into contempt, &c." He was 
 expelled, and having been subsequently re-elected was declared 
 incapable of holding a seat in the house during that parliament. 
 On again presenting himself, he was forcibly expelled by the 
 serjeant-at-arms. As in the case of Mr. Wilkes, in England, to 
 which we refer further on, the assembly acted arbitrarily and 
 illegally. In a subsequent parliament, all the proceedings in 
 Mr. Mackenzie's case were expunged from the journals.^ 
 
 In 1858 Mr. John O'Earrell was expelled for fraud and violence 
 at the election for Lotbiniere.'' 
 
 In 1874, on motion of Mr. Mackenzie Bowell, Louis Eiel, who 
 was accused of the murder of Thomas Scott during the Northwest 
 troubles, was expelled as a fugitive from justice, the necessary 
 evidence having been previously laid before theHouse.^ Eiel was 
 again returned to parliament during the recess, and soon after 
 the House met, in 1875, the premier (Mr. Mackenzie) laid on 
 the table the exemplification of the judgment roll of outlawry, 
 and then moved " that it appears by the said record that Louis 
 Eiel, a member of this House, has been adjudged an outlaw for 
 felony." This motion having been agreed to, Mr. Mackenzie 
 
 November ; lb. [1832], 12 ; lb. [1833], 25. Christie's Hist, Hi. 240. This 
 case illustrates the extreme lengths to which party spirit carried parlia- 
 mentary majorities in the early times of Canada. He was not even 
 allowed to confront his accusers before the committee. The question 
 was referred to the Britisli Government, which disapproved of the action 
 of the legislative assembly, but at the same time admitted that the re- 
 solution of the assembly was irreversible except by itself. Despatch of 
 Viscount Goderich ; Low. Can. J. [1832-3], 50, 57, 129, 136, 137, 138. 
 
 ^Ilpp. Can. J. [1832-3], 9-10 ; 41,132 ; lb. [1833-4], 10, 15, 23-25, 46, 54, 
 55, 104 ; lb. [1835], 17, 24, 25, 26, 59, 141, 142, 408 ; Mackenzie's Life, by 
 C. Lindsey, chaps. 13, 14, 15, and 17. See also case of Mr. Durand, mem- 
 ber for Wentworth, expelled for committing a libel, and a high contempt 
 of the privileges of the House ; Upp. Can. J., 4 March, 1817. 
 
 ■^Leg. Ass. J. [1858], 454. 
 
 3 Can. Com. J. [1874], 8, 10, 13, 14, 17. 18, 32, 37, 38, 67, 71, 74. See 
 case of Mr. James Sadlier in 1857, charged with divers frauds, and a 
 fugitive from justice, 144 E. Hans. [3], 702. Riel actually took the oath 
 in the clerk's office, but not his seat in the chamber. 
 
DISQUALIFICATION OF MEMBERS. 197 
 
 moved for the issue of a new writ for Provencher " in the room 
 of Louis Eiel, adjudged an outlaw," which also passed by a large 
 majority.^ 
 
 The cases of Mr. Christie and Mr. Mackenzie, given in 
 the foregoing list of precedents, find a parallel in the 
 famous case of Mr. "Wilkes, who was expelled in 1164 
 from the British House of Commons for having uttered a 
 seditious libel. A contest then arose between the ma- 
 jority in the House and the electors of the County of Mid- 
 dlesex. The House in VlQ^ declared him ineligible to sit 
 in that parliament, when he had been again elected for 
 Middlesex. Though Mr. Wilkes was re-elected by a 
 large majority of the electors, the House ordered the re- 
 turn to be amended, and his opponent (who had petition- 
 ed the House) to be returned as duly elected. The efforts 
 of the electors of Middlesex were unavailing for the time 
 being to defeat the illegal action of a violent partisan ma- 
 jority. Many years later, in 1'782, when calmer counsels 
 prevailed, the resolution of I'ltiQ was expunged from the 
 journals " as subversive of the rights of the whole body 
 of electors of the kingdom " — which is the identical lan- 
 guage subsequently used in expunging the various pro- 
 ceedings relative to Mr. Mackenzie.^ No principle is 
 more clearly laid down by all eminent authorities on the 
 law of parliament than this : — " That parliament cannot 
 create a disability unknown to the law, and that expul- 
 sion, though vacating the seat of a meniber, does not 
 create a disability to serve again in parliament." ^ Both 
 
 1 Can Com. J. [1875], 42, 67, 111, 118, 122, 124, 125. Can. Hans. [1875], 
 139, 144, 307-322. The O'Donovan Eossa precedent was followed by 
 Mr. Mackenzie. Mr. Bowell had previously placed a motion on the 
 paper for the expulsion of Kiel, but withdrew it when he found that the 
 government proposed dealing with the matter. Votes, 1875, Feb. 11, 
 and Can. Hans, of same date. 
 
 2 32 E. Com. J., 229 ; 1 Cavendish D., 352 ; 38 E. Com. J., 977 ; 2 May's 
 Const. Hist,, 2-26. See also for other examples of excess of jurisdiction, 2 
 E. Com. J., 158; 2 Ih., 301 ; 2 lb., 473 ; 8 lb., 60 ; 17 lb., 128. 
 
 ' May, 63. 
 
198 THE SENATE AND EOVSE OF COMMONS. 
 
 houses of parliament " must act withiii tlie limits of their 
 jurisdiction, and in strict conformity with the laws. An 
 abuse of privilege is even more dangerous than an abuse 
 of prerogative. In the one case, the wrong is done by an 
 irresponsible body ; in the other, the ministers who ad- 
 vised it are open to censure and punishment. The judg- 
 ment of offences especially should be guided by the sever- 
 est principles of law." ^ 
 
 The House may proceed in various ways to inquire into 
 the propriety of allowing a member to associate with 
 other members of the House, when he is accused of a 
 grave offence. Committees and commissioners have at 
 times been appointed to inquire into the allegations.^ It 
 is the proper course to lay the record of conviction before 
 the House, when a member has been convicted in a court 
 of justice.' The House, however, is not necessarily bound 
 to the necessity of a conviction, for it may, apart from mere 
 legal technicalities, acting upon its moral conviction, but 
 at the same time most cautiously, proceed to the expulsion 
 of a member.* In all cases, however, it is necessary that 
 the member should have an opportunity of being heard 
 in his place before proceeding to expel him.° By reference 
 to the precedents given above, the proper procedure in 
 all cases will be more clearly understood. 
 
 XV. Suspension of Members. — Expulsion is an extreme 
 penalty only to be enforced under extraordinary circum- 
 stances. In cases of minor gravity, the House may be 
 satisfied with ordering the speaker to admonish or repri- 
 mand the offender, and the remarks of the speaker ought 
 
 1 May's Const. Hist., vol. ii. 26-7, 9th ed. 
 
 ' 11 E. Com. J., 283 ; 20 lb., 391 ; 21 lb., 870 ; 65 16., 433. See also Can. 
 Com. J., 1876, March 16 and 28; also Hansard of those dates. 
 
 s 67 E. Com. J., 176 ; 69 lb., 433 ; 222 E. Hans. (3), 415. 
 
 * 144 E. Hans., (3), 715. 
 
 5 69 E. Com. J., 433 ; 111 lb., 367 ; 144 E. Hans. (3), 711. Can. Com. J. 
 (1874J, 13, 18. 
 
QUESTIONS AFFECTING MEMBERS. 199 
 
 always to be entered on the journals after motion duly- 
 made.^ The House may also under certain circumstances 
 proceed to the rigorous measure of suspending a member 
 temporarily from his functions. " There is no doubt," 
 says an authority, " that under the common law of par- 
 liament any member, wilfully and vexatiously obstruct- 
 ing public business, would be held to be guilty of a con- 
 tempt of the House, and would be liable to a suspension 
 from his duties as a member." ^ The rights of electors are 
 no more infringed than if the House had exercised its un- 
 questionable power of imprisonment.^ No necessity has 
 ever arisen in the Canadian parliament for exercising this 
 extreme power which ought clearly to be used only in a 
 grave emergency. It has, however, been found necessary 
 to adopt a new standing order on the subject in the 
 English House of Commons, on account of the conduct 
 of certain members who have wilfully and persistently 
 obstructed public business.* 
 
 XVI. Questions affecting Members referred to Select Committees.— 
 In the Canadian, as in the English House of Commons, 
 " whenever any question is raised affecting the seat of a 
 member, and involving matters of doubt, either in law or 
 fact, it is customary to refer it to the consideration of a 
 committee." ° For example : In the case of Mr. Perry, 
 
 ^ Case of Mr. O'Connell, 1838, vol. 3, pp. 2231, 2263, Mirror of P. ; E. 
 Com. J., 1838, Feb. 28. 
 
 ^ Mr. Eaikes (chairman of committees) before Committee on Public 
 Business, 1878, p. 110, 132. For old cases, 2 E. Com. J., 128 ; 8 Ih., 289 ; 
 9 76., 105; 10 iS., 846. 
 
 ' May, 65. 
 
 * Standing order made 28 Feb., 1880, amended 21 and 22 November, 
 1882. See Appendix L. at end of this work, where it is given in full. How 
 necessary it has been in England to make some changes in the English 
 rules, in order to prevent obstruction and promote the progress of public 
 business, may be understood from a perusal of an article by Mr. Eaikes 
 in the November number of the " Nineteenth Century," 1879. 
 
 5 May, 713 ; 94 E. Com. J., 29, 58 ; 110 Ih., 325 ; 134 lb-, 86. 
 
£00 TEE SENATE AND HOUSE OF COMMONS. 
 
 referred to in a previous page ; ' of Mr. J. S. Macdonald 
 and Mr. 0. Dunkin, whose seats were questioned on ac- 
 count of their holding oflB.ces in the executive councils of 
 Ontario and Quebec ; ^ of Mr. E. B. Cutler, who had been 
 paymaster of a government railway at the time of his 
 re-election ; ^ of Mr. DeLorme, who was charged with 
 complicity in theEed Eiver rebellion ; * of Mr. Anglinand 
 others, alleged to have violated the Independence of Par- 
 liament Act.^ In the case of Mr. Daoust, 18*76, the mat- 
 ter was referred to the committee on privileges and elec- 
 tions, which reported in his favour ; " but in 1880 the 
 House refused to refer a petition making certain charges 
 against Mr. Hooper to the same committee.'^ In 1890, 
 the conduct of Mr. Eykert, in connection with certain 
 timber limits, was referred to the committee of privileges.^ 
 In other cases where there is evidence of crime, or of the 
 person accused being a fugitive from justice, it has been 
 considered sufl&cient to lay the papers formally before the 
 House ; ' but whenever the seat or character of a member 
 is affected the House will invariably proceed with due 
 caution and deliberation. A reference to a committee is 
 no doubt the proper procedure in all cases in which there 
 are reasonable doubts as to the facts or the course that 
 should be pursued, especially when it is necessary to ex- 
 amine precedents.^" 
 
 ^ Supra, 167. 
 
 '' Can. Com. J. (1867-8), 30. 
 
 3 lb. (1873), 285, 321, 328. 
 
 * lb. (1871), 249. This matter was not referred to the committee, as 
 proposed in the original motion, on tlie ground that a sufficient case was 
 Dot made out. 
 
 ^ Supra, 173. 
 
 « Can. Com. J. (1876), 145, 159, 160, 208. 
 
 ' lb. (1880), 60, 62, 87, 88. 
 
 « Can. Com. J. (1890), 197, 198. 
 
 " Case of Louis Eiel, supra 196. 
 
 " Mr. Gladstone, 190 E. Hans., 123. 
 
PL A CES IN THE HO USE. 201 
 
 XVII. Places in the House.— The members of the two Houses 
 are provided with seats and desks,' to which is affixed a 
 card with the name of the member to whom it has been 
 allotted. The members of the privy council occupy places 
 to the right of the speaker, and the leading members 
 of the opposition to the left. The older members are 
 generally given the preference in the choice of seats. The 
 location of seats in the House of Commons is arranged by 
 members placing themselves in communication with the 
 serjeant-at-arms, whose duties are referred to in another 
 place. ^ 
 
 were first provided ia Lower Can. Ass., 17 Jan., 1801. See 
 Scrope's Life of Lord Sydenham, 223, note. 
 ^ Chap. iii. s. 3. 
 
CHAPTER III. 
 
 TEE SPEAKERS AND OFFICERS OF THE TWO HOUSES, &c. 
 
 I. Speaker and Officers of the Senate — Contingent Accounts Committee. 
 — II. Speaker of the House of Commons. — III. Officers and Clerks, &c., 
 of the House of Commons. — IV. Admission of Strangers. — V. Clerk of 
 the Crown in Chancery. — VI. Votes and Journals. — VII. Official Re- 
 ports.— VIII. Library and Reading Rooms. — IX. Commissioners of 
 Internal Economy. 
 
 I. The Speaker and OiEcers of the House.— The speaker of 
 the Senate is appointed by a commission under the great 
 seal, and may be removed at any time by the governor- 
 general.^ The proceedings consequent on the appointment 
 of a new speaker will be found fully explained in another 
 part of this work.^ In case of the unavoidable absence of 
 the speaker during the session, it will be necessary to 
 appoint a new speaker for the time being. When the 
 former returns, his re- appointment must be made known 
 to the House with all the usual formalities.^ 
 
 iSec. 34, B. N. A. Act, 1867. The first speaker of the leg. coun. of 
 Canada, 1841, was the vice-chancellor of the court of chancery, R, S. 
 Jameson. Jour. 19. The following are the names of the speakers of 
 the Senate since 1867 :— Hon. J. E. Cauchon, ] 867-1873 ; Hon. P. J. O. 
 Chauveau, 1873-1874 ; Hon. D. Christie, 1874-1878 ; Hon. D. R. Wilmot, 
 1878-1880 ; Hon. Ai E. Botsford, 16th Feb., until 19th April, 1880 ; Sir 
 David L. Macpherson, 1880-1883 ; Hon. W. Miller, 1883-1887 ; Hon. J. B. 
 Plumb, 1887-1888; ; Hon. G.W.Allan, 1888-1891. Hon. Mr. Lacoste, 
 1891. 
 
 * Chap. vi. s. 2. 
 
 'Hon. Mr. Ross, from. 17th to 28th May, 1869, in place of Mr. Cauchon. 
 In the session of 1 880, Mr. Macpherson fell seriously ill, and it became con- 
 sequently necessary to appoint Mr. Botsford speaker. Journals, Feb. 16, 
 and Hansard of that date. Mr. Macpherson was subsequently re-appointed 
 
SPEAKER AND OFFICERS OF THE SENATE. 203 
 
 The speaker presides over all the deliberations of the 
 Senate, except when the House goes into committee of 
 the whole, and then he must call another member to the 
 chair. He has in all cases a vote,^ which is the first 
 recorded on the side on. which it is taken, and he decides 
 questions of order when called upon for his decision.^ If 
 he wishes to address the House on any subject, he will 
 come down from the chair — like the lord chancellor in 
 the House of Lords — and speak from the floor like other 
 members, but this is a privilege which he will very 
 rarely exercise.^ He stands uncovered when speaking to 
 the Senate, and if called upon to explain a point of order 
 or practice, he is to state the rule applicable to the case, 
 and also to decide the question when required, subject to 
 an appeal to the Senate.^ 
 
 The speaker in the Senate, like the speaker in the Com- 
 mons, presents to the House all papers, returns, and 
 addresses which he has received and which ought to be 
 laid before that body.^ 
 
 The principal officers of the Senate are the clerk, clerks 
 assistant, and gentleman usher of the black rod, who have 
 
 Sen. J. 177. In 1872 Mr. Speaker Cauchon was accidentally detained, 
 and information was given of the fact by the clerk when the Senate met. 
 Mr. Hamilton took the chair, and by consent declared the House con- 
 tinued till 9 . 30 that evening. Sen. J. (1872), 79. In 1888 Mr. Speaker 
 Plumb died very suddenly during the session, and the fact was announced 
 to the House by the clerk, and Senator Ryan having been temporarily 
 called to the chair, the House adjourned for several days. On its re- 
 assembling, the appointment of Hon. George W. Allan as speaker was 
 formally announced. Sen. J. (1888), 30, 31. Deb. 13th and 19th March. 
 
 ' Sec. 36, B. N. Act, 1867. See chapter xiii on divisions. 
 
 2 Sen. Deb. ("Times "), 1867-8, pp. 176, 184. 
 
 'Mr. Speaker Christie, Sen. Deb. (1877), 131; Mr. Speaker Wilmot, 2nd 
 May, 1879 ; Lords' S. 0. 19 ; May, 246 ; Mr. Speaker Macpherson spoke at 
 some length in committee on Canadian Pacific Railway bill, Feb. 14th, 
 1880-81. He came down from the chair in the session of 1882, and made 
 a few remarks when a senator directly referred to a speech he had made 
 some years previously. Hans. 749. * Sen. R. 29. 
 
 5 Sen. J. (1867-8), 206, 210, 230-231, 269, <fec. ; lb. (1880), 17, 30, 47, &c. 
 
204 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 all seats on the floor of the House. The clerk and clerks 
 assistant have also been hitherto appointed masters in the 
 chancery of Canada, by virtue of special commissions 
 under the great seal.^ The clerk, who is appointed by 
 the Crown under the great seal, performs duties similar 
 to those of the clerk of the Commons, and also acts as 
 accountant in pursuance of the orders of the House itself.^ 
 He reads the commission for the appointment of a new 
 speaker,' and takes minutes of all the proceedings of the 
 Senate. He administers the oaths required by law to 
 new members as one of the commissioners appointed for 
 that purpose.* At the prorogation of parliament he pro- 
 nounces the royal assent to bills, or signifies that certain 
 bills have been reserved.'^ He also replies, by his Excel- 
 lency's command, accepting the benevolence of the Com- 
 mons, when their speaker makes the usual speech in 
 presenting the Supply Bill.'' Whenever a new clerk is 
 appointed, the speaker will inform the House of the fact, 
 and the commission will be read and put on the journals. 
 He will then take the oath of office before the speaker.^ 
 By an act' passed in 18'72, the clerk of the Senate is also 
 styled the clerk of the Parliaments, and has the custody 
 of all the original acts of parliament. He has a seal of 
 office which he affixes to certified copies of all acts in- 
 tended for the governor-general or the registrar-general 
 of Canada, or required to be produced before courts of 
 
 1 Sen. J. (1867-8), 61, 62 ; lb. (1883), 15 ;. lb. (1884), 3. Also, the law 
 clerk. 
 
 ^ Report of contingent committee on subject, Sen. J. (1867-8), 131 ; lb. 
 (1870), 165. An assistant appointed in 1875, Jour. 34 ; lb. (1877), 115. 
 
 ^ lb. 1873, 1874 1879, 1891. 
 
 * lb. (1874). 14. &c. ; lb. (1883), 18. Sec. 128, B. N. A. Act, 1867. 
 
 ^Sen. J. (1874), 262, &c.; lb. (1883), 297. 
 
 "lb. (1874) 262-3, &c. ; lb. (1883), 297. 
 
 ' lb. (1867-8), 55 ; Tb., (1871), 15-16 ; lb. (1883), 13, 14. For practice in 
 Lords, which is similar, see 223 E. Hans. (3), 1684. 
 
 8 See Eev. Stat, of Can., c. 2, ss. 5, 6, 7. This act does not contain a 
 power of deputation for this purpose. 
 
SPEAKER AND OFFICERS OF THE SENATE. 205 
 
 justice. The same act contains also provisions relative to 
 certified copies of acts which may be furnished on appli- 
 cation to the clerk of parliaments for a small fee of ten 
 cents for every hundred words, which goes into the contin- 
 gent fund of the Senate.^ 
 
 The clerk assistant, who is also generally the deputy 
 clerk, sits at the table to the right of the chief clerk. He 
 is not sworn like the officers of the Commons.^ His duties 
 consist in reading petitions and other documents, in tak- 
 ing minutes of proceedings in committee of the whole, 
 and in otherwise assisting the clerk in the business of 
 the House. In the session of 1817 another clerk was ap- 
 pointed tci sit on the left of the fhief clerk, chiefly for the 
 purpose of making at the table translations of the pro- 
 ceedings.* 
 
 The gentleman usher of the black rod, who is appointed 
 by the Grown,* is always sent to desire the attendance of 
 the Commons at the opening or prorogation of parlia- 
 ment, and executes all orders for the arrest or commit- 
 ment of parties guilty of breaches of privilege and con- 
 tempt.^ The speaker will report any new appointment 
 to the House, as in the case of all other officers under royal 
 commission.* 
 
 The Senate has also a serjeant-at-arms, who carries the 
 
 ^ The clerk of the Commons in England— but not in Canada— is the 
 " under-clerk of the Parliaments to attend upon the Commons." 2 Hat- 
 sell, 255; London Gazette, 3rd Feb., 1871. 
 
 2 He acts as deputy by virtue of authority from the clerk. In the Lords 
 he is appointed by the lord chancellor, and the House is always informed 
 of the fact, and asked to approve, 223 E. Hans. (3), 1685. In the Senate 
 the contingent accounts committee appoint the officer and give the 
 title, as they do in fact in the case of all officers not appointed by the 
 Crown. Sen. J. (1867-8), 176 ; Ih. (1882), 300. 
 
 3 Sen. J. (1877), 114, 275. 
 
 * lb. (1867-8), 56. ^ May, 256. 
 
 « Sen. J. (1867-8), 56. But this was not done in 1876 when a new officer 
 was appointed. He occupies, like the serjeant-at-arms of the Commons 
 apartments in the parliament buildings. lb. (1876), 29. 
 
206 SPEAKERS AND OFFICERS OF BOTH HOUSES- 
 
 mace, and executes the orders of the House for the attach- 
 ment of delinquents, when they are in the country.^ The 
 usher of the black rod performed the duties of this office 
 until 1869, when an officer was appointed to fill the posi- 
 tion.^ 
 
 The chaplain of the Senate is appointed by commission 
 under the privy seal.^ Whenever it is necessary to appoint 
 other officers, the subject is referred to the committee on 
 contingent accounts, who report as to the necessity for 
 such office, and the salary that ought to be given.^ All 
 appointments and salaries (except the appointment of 
 crown officers) as well as promotions, and recommenda- 
 tions for superannuation, are practically regulated by this 
 committee.'' In fact it supervises all the ordinary expen- 
 ses of the Senate, apart from the members' indemnity and 
 other expenditures authorized by statute." Its niembers 
 have always jealously resented all attempts to interfere 
 with the control of matters which it is the practice to re- 
 fer to them.'' All petitions and papers referring to salaries 
 and expenses of the House are invariably submitted to the 
 consideration of this committee before any definite con- 
 clusion is arrived at on the subject.^ At the commence- 
 ment of every session the clerk is to lay before the Senate, 
 on the day after the appointment of the committee on 
 contingent a6counts, and as often as he may be required 
 to do so, a detailed statemeut of his receipts and disburse- 
 ments, since the last audit, with vouchers in support 
 
 ' May, 256. 
 
 ^ Sen. J. (1867-8), 90 ; lb. (1869), 83. He is appointed under the great 
 seal, lb. (1884), 76, 77. 
 
 3 lb. (1869), 334. lb. (1884), 3. 
 
 * lb. (1869), 83 ; lb. (1875), 132; J6. (1876), 86. 
 
 5 lb. (1867-68), 90; 76. (1880), 252; lb. (1882), 65, 300; lb. (1883), 45, 91; 
 lb. (1890), 47, 48, 279, &c. 
 
 8 Sen. J. (1877), 44, 66, 114, &c. ; lb. (1880-81), 103-4; lb. (1884), 270. 
 
 ' Sen. Ueb. (1875), 25, 37, 66, 69. 
 
 » Sen. J. (1867-8), 200, 273; lb. (1876), 61 ; lb. (1880), 87, 95. 
 
SPEAKER OF THE HOUSE OF COMMONS. 20 Y 
 
 thereof.^ The committee in. question will always report 
 on the correctness of these accounts.^ In 1880 the Senate 
 agreed that " the accounts of expenditure for salaries and 
 contingencies of the Senate, and for their members' in- 
 demnity, etc., should be audited by the auditor-general 
 in the same manner as those of the House of Commons." ^ 
 
 The daily printed record of proceedings which is pre- 
 pared by the officers of the House in the two languages 
 and sent to every member is called " Minutes of Proceed- 
 ings," a copy of which, certified by the clerk, must be 
 transmitted daily to the governor-general.* 
 
 The journals, which are almost identical with the min- 
 utes, are bound in annual volumes as soon as possible 
 after each session, with a full index. Copies of the jour- 
 nals are transmitted to the colonial office, to the House of 
 Lords and Commons, and to the legislatures of the British 
 Colonies. The librarian is also furnished with sufficient 
 copies of the journals, and of all reports from heads of 
 public departments, or concerning any public institution 
 for general exchange. The clerk is also to make arrange- 
 ments for exchanging the laws of Canada for those of the 
 Imperial Parliament and of the colonial legislatures.' 
 
 Strangers are admitted to the galleries and to that part 
 of the House which lies without the bar. The House may, 
 however, be cleared at any moment, in conformity with 
 a standing order, like that of the House of Commons, to 
 which reference is made in a subsequent page of this 
 chapter.^ 
 
 II. The Speaker of the House of Commons.— There are four sec- 
 tions of the British North America Act, 186Y, which refer 
 to the election of speaker of the House of Commons. The 
 44th section provides — 
 
 ' Sen. E. 86 ; Jour. (1879), 51 ; lb. (1883), 46 ; lb. (1890;, 18. 
 2 Sen. J. (1878), 234; lb. (1879), 246; lb. (1880), 186. 
 ■' Sen. J. (1880), 97. * Sen. E. 105. 
 
 5 Sen. E. 105-109. "Page 224. 
 
208 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 " The House of Commons on its first assembling after a gen- 
 eral election, shall proceed with all practicable speed to elect one 
 of its members to be speaker." ^ 
 
 The proceedings in such a case are described more con- 
 veniently in a later chapter on the opening of parlia- 
 ment.^ 
 
 The 45th section provides — 
 
 " In case of a vacancy happening in the office of speaker by 
 death, resignation, or otherwise, the House of Commons shall, 
 with' all practicable speed, proceed to elect another of its mem- 
 bers to be speaker." 
 
 No case of the election of a speaker during a session 
 has occurred since 186*1 in the dominion, nor did any 
 occur in the old province of Canada between 186'7 and 
 1841. We have, however, a recent case in the English 
 House of Commons — the resignation of Mr. Denison and 
 the election of Mr. Brand in his place, in 18*72. In this 
 case, on the day following the resignation, the serjeant- 
 at-arms brought the mace and laid it under the table. 
 Then the premier addressing himself to the clerk, as at 
 the opening of a new parliament, informed the House 
 that her Majesty had been informed of the resignation of 
 the Eight Hon. J. E. Denison, and gave leave to the House 
 forthwith to proceed to the choice of a new speaker.^ The 
 House immediately elected Mr. Brand, and the mace was 
 then laid on the table.* 
 
 ^ This is substantially section 33 of the Union Act of 1840. In the first 
 session under that act the governor-general did not comedown on the first 
 day, but the House proceeded immediately to the election of a speaker, 
 after the clerk had read the proclamation and sec. 33 of the act. Excep- 
 tion was taken to this procedure at the time. (Quebec Mercury, June 19, 
 1841). Next day the governor-general came down and opened parlia- 
 ment. Leg. Ass. J. (1841), 2, 3. In subsequent sessions, the present usage 
 was followed in conformity with British constitutional practice which re- 
 quires that the sovereign give authority to the House to proceed to elec- 
 tion of speaker. 2 Hatsell, 218, 219. ^ Chap. vi. s. 3. 
 
 ' This must always be done through a privy councillor in the House of 
 Commons. 2 Hatsell, 218. 
 
 * 127 E. Com. J. 9, 22, 23; 209 E. Hans. (3), 181. Also 36 lb. (1), 843 ; 2 
 
fs'PEAKER OF THE HOUSE OF COMMONS. 209 
 
 In case the speaker dies or resigns during a proroga- 
 tion, it will be necessary for the House of Commons to go 
 up to the Senate chamber at the opening of parliament 
 and receive the authority of the governor-general to pro- 
 ceed to the election of a new speaker in accordance with 
 law. This was done in conformity with British prece- 
 dents, on the occasion of the re-election of Mr. Speaker 
 Anglin, who had resigned his seat during the recess.^ On 
 this occasion the governor-general was represented by a 
 deputy-governor, the chief justice of Canada, on the first 
 day of the session. On the following day the governor- 
 general took his seat on the throne and delivered the 
 speech. Since then a deputy-governor has, on other occa- 
 sions, represented his Excellency on the first day of a new 
 parliament, previous to the election of speaker.^ 
 
 Hatsell, 212-217; also, E. Com. J., 22 Jan. 1770, and 9 June, 1789. A simi- 
 lar procedure took place in the Ontario legislature in 1871, on resignation 
 of Mr. Speaker Scott. Leg. Ass. J. (1871), 36. See case of the election of 
 a new speaker in the legislative assembly of Lower Canada in 1823, 
 when Mr. Papineau was absent in England. On the assembling of the 
 House, the clerk read a letter from Mr. Papineau informing them that he 
 would not be able to attend to his duties that session. On the members 
 of the assembly presenting themselves in the chamber of the legislative 
 council, the speaker of that body informed them that his Excellency had 
 been made aware of the absence of Mr. Papineau, and requested them to 
 elect anew speaker in his place. Chiistie, iii. 5, 6; Ass. Jour. (1823), 
 9-11. 
 
 ^ Can. Com. Jour. (1878), 1-9. The English precedents go very far back, 
 1 E. Com. J. 73, 116 ; 4 Pari. Hist. 1111-2 and 13 Lords' J. 460; Elsynge, 
 154, 155, 245, 246, 247. Same procedure took place at election of a speaker 
 in Quebec legislative assembly in 1876, on resignation of Mr. Fortin. 
 Jour. 1-7 ; also, in the Ontario legislature, on the resignation of Mr. 
 Currie in 1874. 
 
 ^ This was the third occasion since 1841 that a deputy -governor had re- 
 presented the governor-general in parliament ; the first occasion was in 
 1841, when Major-General Clitherow had to prorogue the legislature on 
 account of the illness of Lord Sydenham. Leg. Ass. J., 18th Sept., 1841. 
 The second occasion occurred on the prorogation of the legislature in the 
 memorable year 1849, when the rebellion losses riots occurred and the 
 parliament house in Montreal was burned down by the mob. Major 
 General Rowan then appeared in place of Lord Elgin. Since 1878 several 
 14 
 
210 SPJEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 The 46th section provides that the speaker " shall pre- 
 side at all meetings of the House of Commons." The 4'7th 
 section makes provision for his absence for any reason 
 from the chair for forty-eight consecutive hours. In that 
 case, " until the parliament of Canada otherwise provides 
 the House may elect another of its members to act as 
 speaker, and the member so elected shall, during the con- 
 tinuance of the absence of such speaker, have, and execute 
 all the powers, privileges, and duties of the speaker." 
 The experience of the old Canada assembly showed the 
 necessity of having such a provision in the act, in case of 
 the illness of the speaker. For instance, on one occasion 
 the House had to adjourn for some days, when the clerk 
 had communicated to the House the fact of the speaker's 
 indisposition.^ 
 
 The House of Commons had no deputy speaker before 
 the session of 1885 ; but, in pursuance of a statute in that 
 behalf, whenever the speaker from illness, or other cause, 
 was obliged to leave the chair, he called upon a member 
 to take his place for the time being, and every order made 
 and thing done under these circumstances was declared 
 valid and eifectual.^ 
 
 In 1885 the House adopted the English practice as far 
 as possible with respect to the appointment of a deputy 
 speaker. The chairman of committees, appointed at the 
 beginning of every session as hereinafter set forth,* acts as 
 
 deputy -governors have been appointed — always the chief justice of the 
 supreme court of Canada — when his services are available. Chief Justice 
 Eichards acted as deputy-governor in the summer of 1876 when Lord 
 Duflferin was absent in British Columbia. Ann. Reg. 1878, p. 36. C. J. 
 Eitchie in 1881 and 1882, when Lord Lome was absent in the North- 
 west and British Columbia. See Sen. J. (1883), 23 ; lb. (1891), (new Par- 
 liament). Also, sec. 14, B. N. A. Act, 1867. Supra, 52. 
 . ^ Leg. Ass. J. (1858), 161. No business could be done, and the clerk put 
 the motion for adjournment. See 2 Hatsell, 222. 
 
 ^ 31 Vict. c. 2. From 1870 to 1885 no record of the fact was made in the 
 journals, but the reverse was the case previously. Can. Com. J. (1867-8), 
 167, etc. ^ See infra, chap, xv., s. 3. 
 
SPEAKER OF THE HOUSE OF COMMONS. 211 
 
 deputy speaker in conformity with tlie provisions of a sta- 
 tute ^ passed to give validity to all proceedings while the 
 oflB.cer in question is in the chair : 
 
 1. Whenever the speaker of the House of Commonfe, from ill- 
 Bess or other cause, tinds it necessary to leave the chair during 
 any part of the sittings of the said House, on any day, he may call 
 upon the chairman of committees, or, in his absence upon any 
 member of this House, to take the chair and to act as deputy 
 speaker during the remainder of such day, unless the speaker 
 shall himself resume the chair before the close of the sittings 
 for that day. 
 
 2. Whenever the House shall be informed by the clerk at the 
 table of the unavoidable absence of Mr. Speaker, the chairman of 
 committees, if present, shall take the chair and shall perform the 
 duties and exercise the authority of speaker in relation to all the 
 proceedings of the House, as deputy speaker, until the meeting of 
 the House on the next sitting day, and so on from day to day on 
 the like information being given to the House until the House 
 shall otherwise order : Pi-oyided that if the House shall adjourn 
 for more than twenty-four hours the deputy speaker shall con- 
 tinue to perform the duties and exercise the authority of speaker 
 for twenty-four hours only after such adjournment. 
 
 3. If at any time during a session of parliament the speaker 
 shall be temporarily absent from the House, and a deputy speaker 
 shall thereupon perform the duties and exercise the authority of 
 speaker as hereinbefore provided, or pursuant to the standing 
 orders or other order or resolution of the House, every act done 
 and proceeding taken in or by the House in the exercise of its 
 powers and authority, shall be as valid and effectual as if the 
 speaker himself were in the chair ; and every act done, and war- 
 rant, order, or other document issued, signed or published by 
 such deputy speaker in relation to any proceedings of the House 
 of Commons, or which under any statute would be done, issued, 
 signed or published by the speaker if then able to act, shall have 
 the same effect and validity as if the same had been done, issued, 
 signed or published by the speaker for the time being. 
 
 1 E. S. C. , c. 14. Under the first section of the act, the speaker may call 
 upon any other member to take the chair in the absence of the chairman 
 of committees. This statute is based on the imp. stat., 18-19 Vict., c. 84. 
 
212 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 At six o'clock p.m., on the first of May, 1885, in accord- 
 ance with the law, the clerk informed the House of the 
 unavoidable absence of Mr. Speaker Kirkpatrick, on ac- 
 count of serious illness in his family, and Mr. Daly, 
 chairman of committees, took the chair, and adjourned 
 the House. The speaker was obliged to be absent for two 
 more sittings, and the clerk every day informed the House 
 of the fact as soon as it met, and the deputy speaker took 
 the chair and read prayers.^ 
 
 "When the speaker enters or leaves the House, the 
 serjeant-at-arms precedes him with the mace, which 
 will lie on the table whilst he is in the chair, and the 
 House is consequently in session.^ During the recess of 
 parliament the mace is kept in his chambers, and accom- 
 panies him on all state occasions.^ The House cannot 
 proceed to the election of speaker without the mace.^ 
 
 In the records of the parliamentary history of Canada 
 no examples can be found of the House having removed, 
 or attempted to remove a speaker for any cause. In only 
 two instances has the English House been called on to 
 express its opinion as to the continuance of a speaker 
 in the chair. Objections were made to the conduct of 
 Sir E. Seymour, in 1613, but a motion for his removal 
 was rejected.^ In the memorable case of Sir John Trevor, 
 in 1694, a committee showed that he had received a bribe 
 to promote the passage of a certain bill, and the House 
 resolved that he had been guilty of a high crime aud mis- 
 
 1 Can. Com. J. (1885), 357, 358, 359. This is theEnglisli practice, 108 E. 
 Com J., 758, 766 ; 110 lb. 210, 395 ; 121 lb., 146, 156, 163 ; 131 lb., 353. The 
 mace is always on the table on such occasions. May, 251, note. For re- 
 port on the oiSce of deputy speaker, and proceedings in relation thereto, 
 see E. Com. Sess. P., 1852-3, vol. 34 ; lb. 1885, vol. 7. Also report on pub- 
 lic business, 1878, p. 160 (Mr. Raikes) vol. 18. 
 
 ^ May, 247. See infra, chapter vi., sec. 2, respecting mace. 
 
 ' Visit of Prince of Wales, 1860. Funeral of Sir G. E. Cartier, 1873, at 
 Montreal. 
 
 * 2 Hatsell, 218. ' 2 Hatsell, 214, 215 ; 2 Grey's Debates, 186. 
 
SPEAKER OF THE HOUSE OF COMMONS. 213 
 
 demeanour. Thereupon h.e resigned, and the king imme- 
 diately gave leave to the House to proceed to the elec- 
 tion of a new speaker. Sir John Trevor was then formally- 
 expelled. '■ 
 
 It is the duty of the speaker to preside over all the 
 deliberations of the House, and to enforce its rules and 
 orders of which he is the guardian.^ He announces the 
 business of the House in the order in which it should be 
 taken up. Immediately on taking the chair he will call 
 the House to order, and read the prescribed form of prayer. 
 When the doors have been opened by his order, he will 
 lay before the House any papers or returns that it is his 
 duty to communicate to the same. He receives aud puts 
 to the House, all inotions that may be proposed by mem- 
 bers in accordance with the rules and usages of parlia- 
 ment. He must announce to the House the result of any 
 vote on a question. He receives messages from the Senate 
 or the governor-general, and announces them to the House. 
 He enforces the observance of order and decorum among 
 the members.^ He reprimands or admonishes members,* 
 or commits persons to the custody of the serjeant-at-arms 
 when he has received the necessary instructions from the 
 House." He must even put a question when it affects 
 himself personally .° He is " to decide questions of order, 
 subject to an appeal to the House, and in explaining a 
 point of order or practice, he shall state the rule or author- 
 ity applicable to the case." '' He authenticates by his 
 signature, when necessary, all the acts, orders, and pro- 
 ceedings of the House. He is the " mouthpiece of the 
 House," * on all occasions when an address is to be pre- 
 
 ' Pari. Hist. 1694, vol. v., pp. 900-10. 
 
 ' 240 E. Hans. (3), 651. 
 
 3 Rule 8. 
 
 * Mirror of P. (1838), 2263, 2267. 
 
 ° 113 E. Com. J. 192; Can. Com. J. (1873, 2nd sess.), 135. 
 
 " 32 E. Com. J. 708; 10 E. Hans. (1), 1170 ; Can. Com. J. (1877), 234, 235. 
 
 ' Rule 8. « 2 Hatsell, 242. 
 
214 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 sented by the whole House to the queen or her representa- 
 tive in Canada, or to the heir apparent to the Crown.^ 
 
 This is only a very brief summary of the important 
 functions of the first commoner ^ — his duties will be more 
 clearly understood by the perusal of other parts of this 
 work. It may not, however, be inappropriate to mention 
 here that all the authorities go to show that the speaker 
 is bound to call attention immediately to any irregularity^ 
 in debate or procedure, and not to wait for the interposi- 
 tion of a member : 
 
 " For the speaker is not placed in the chaiu merely to read 
 every bit of paper, which any member puts into his hand in the 
 form of a question ; but it is his duty to make himself perfectly 
 acquainted with the orders of the House, and its ancient practice, 
 and to endeavour to carry those orders and that practice into 
 
 execution Therefore, though any member may, 
 
 yet Mr. Speakei' ought to interrupt any members who speak 
 beside the question or otherwise break the rules." * 
 
 The speaker, however, cannot be called upon to decide 
 a question of law,^ nor to express opinions on matters 
 which are for the determination of the House itself." 
 
 When the House is in committee of the whole, the 
 speaker has an opportunity, should he think proper to 
 avail himself of it, of taking part in the debates. This is 
 a privilege, however, which, according to the authorities, 
 he will only exercise on rare occasions and under excep- 
 
 ^ Chap. X. on addresses, ss. 6, 8. 
 
 ' For a recapitulation of the responsible duties devolving on a speaker, 
 and of the high qualities he should possess, see Sir R. Palmer (Lord 
 Selborne), on election of Mr. Brand, 209 E. Hans. (3), 183 ; Lord Stowell, 
 on re-election of Mr. Abbott in 1802, Gushing, p. 127 ; Lex Pari. 264 ; 2 Pari. 
 Hist. 535 ; 2 Hatsell, 242 »i. Also, Reports as to oifice of speaker, E. Com. 
 mons P. 1853 and 1855. 
 
 ' In the Lords, the speaker takes no notice of irregularities until his 
 attention is specially directed to the same by a member, Mav, 246. 
 
 * 2 Hatsell, 233. 
 
 * Leg. Ass. J. a864), 444 ; Can. Com. J. (1868), 161 ; 150 B. Hans. (3), 
 2104. 
 
 " 264 E. Hans. 260, 852 ; lb. 1530-31. 
 
OFFICERS OF THE BOUSE OF COMMONS. 215 
 
 tional circTimstances.^ For instance, he will always ex- 
 plain when necessary, matters connected with the inter- 
 nal economy of the House,^ and may sometimes refer to 
 matters of interest to his constituents when the estimates 
 are under consideration,'^ But in the Canadian, as in the 
 English, House of Commons the speaker carefully abstains 
 from taking part in any matter of party controversy or 
 debate,* and if at times he feels compelled to express a 
 strong dissent from any public measure, he will confine 
 himself to the expression of his opinion, and will not enter 
 into any argument with others who may differ from him.^ 
 He generally abstains from voting on the divisions in 
 committee.*^ 
 
 m. The Officers of the House of Commons, &c.— The clerk of the 
 House of Commons is its recording officer, and sits at the 
 table with one or two assistants. He is appointed by 
 commission under the great seal of Canada, and holds hip 
 office during pleasure,' — virtually until his health or age 
 no longer permits him to perform his duties ; and then 
 
 1 Mr. Eaikes, committee on public business, E. Com. P., 1878, p. 136. 
 
 2 Can. Hans. (1878), 1819, 2247. 
 
 ^ lb. (1878), 1197. ■' May, 415. 
 
 ^ Mr. Speaker Anglin, on Temperance Act, May 3, 1878. 
 
 « Mr. Eaikes, Public B. Com., 1878, p. 136. In England, the same 
 speaker is re-elected, whenever practicable, for several parliaments. Mr. 
 Shaw Lefevre was speaker about 18 years ; Mr. E. Denison, 15 years. It 
 is also usual to elevate them to the peerage, and confer a pension of 
 £4,000 sterling on them, when they retire from office. For instance Mr. 
 Lefevre became Viscount Eversley and Mr. Denison, Viscount Ossing- 
 ton. 144 E. Hans. (3), 2054, &c. ; 209 lb. 150-3. In the old assemblies of 
 Lower Canada, Mr. Panet and Mr. Papineau were re-elected speaker sev- 
 eral times. Mr. Cockburn was elected both in 1867 and 1873. See speech 
 of Sir J. Macdonald in proposing Mr. Cockburn a second time. Pari. 
 Deb., 1873, p. 1. The speakers since Mr. Cockburn have been : Mr. Anglin 
 1874-1878; Mr. Blanchet, 1879-1882; Mr. Kirkpatrick, 1883-1886; Mr. 
 Ouimet, 1887-1890 ; Mr. Peter White, 1891. 
 
 ' The commission reads : " For and during our royal pleasure and the 
 
 continued residence of you the said within our dominion of Canada," 
 
 The clerk of the English Commons is appointed for life by letters-patent. 
 May, 256. 
 
216 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 he is entitled to a superanntiation allowance like all offi- 
 cers of the civil service.^ He takes notes of the proceed- 
 ings, of the res o^esta, of the Commons. He is '' to make 
 true entries, remembrances, and journals of the things 
 done and passed in the House of Commons ; but it is 
 without warrant that he should make minutes of particu- 
 lar men's speeches." ^ His minutes are made up every- 
 day in a brief and convenient shape, known as the " votes 
 and proceedings," which comprise a record of all the pro- 
 ceedings, but omit many of the parliamentary forms which 
 are given in full only in the journals, when these are 
 extended after the close of a session. The votes are now 
 prepared on the responsibility of the clerk ' by an officer, 
 especially selected for his knowledge and experience, and 
 it is ordered that " they be printed, being first perused by 
 Mr. Speaker." ^ In recording the minutes, the clerk must 
 always wait for the directions of the speaker.'^ Conse- 
 quently the clerk cannot record any motion until it is 
 formally proposed from the chair.^ In case of any mis- 
 take or omission in the votes, it should be immediately 
 
 1 Infra, 222. 
 
 ^ 2 Hatsell, 267. The old English journals contained short reports of 
 debates. See vol. i. ; also vol. 24, p. 262. 
 
 ^ A committee formerly " surveyed the clerk's book," and was intrusted 
 with a certain discretion in revising the entries. The minutes were also 
 read every day before the commencement of the regular business ; but 
 such usages were soon found inconvenient. 9 E. Com. J. 640 ; Low. Can. 
 J. (1792), 32. 
 
 * Can. Com. J. (1877), 12 ; 131 E. Com. J. 5. The speaker's name is also 
 appended. The clerk also signs the copy forwarded daily to the governor- 
 general. 
 
 ^Hatsell says: " The rule is to wait for the directions of the speaker, 
 and not to look upon the call of one member, or any number of members, 
 as the directions of the House, unless they are conveyed to the clerk 
 through the usual and only channel by which he can receive them." 
 vol. ii. 271. 
 
 " In August, 1873, Mr. Mackenzie rose and read a motion, but before it 
 was proposed from the chair, the gentleman usher of the black rod came 
 down with a message from the governor-general. The speaker immedi- 
 
OFFICERS OF THE HOUSE OF COMMONS. 21'7 
 
 noticed by a member in the House ; and it may be cor- 
 rected either by an order of the House, or by the clerk 
 himself in the shape of an erratum at the end of the 
 votes ; ^ but if the mistake is not discovered until after 
 some time, it ought properly to be corrected by an order 
 of the House ; ^ and sometimes under exceptional circum- 
 stances only on the report of a committee appointed to 
 investigate the subject.' 
 
 It is the duty of the clerk to read whatever requires to 
 be read in the House ; but this part of his duty is now 
 almost invariably performed by an assistant clerk at 
 the table. He authenticates, by his signature, all the 
 orders of the House, for the attendance of persons, for the 
 production of papers and records, for the appointment and 
 meeting of committees,* and certifies all the bills which 
 pass the House." He has the custody of all the journals, 
 papers and files ; and it is " at his peril " if he suffers any 
 of them to be taken from the table, or out of his custody, 
 without the leave of the House." It is the duty of the 
 clerk and clerks assistant " to complete and finish the 
 work remaining at the close of the session." ' He has the 
 " direction and control over all the officers and clerks 
 employed in the offices, subject to such orders as he may 
 from time to time receive from Mr. Speaker or the House."^ 
 He assists the speaker and members whenever questions 
 arise with respect to the rules, usages and proceedings of 
 
 ately left the chair and went up to the senate chamber, where the Houses 
 were prorogued. No record consequently appears in the journals of the 
 motion in question. Pari. Deb. 210-211. 
 
 'Can. Com. J. (1871), 173 ; Votes and P. (1883), 402. 
 
 ' Can. Hans. (1875), 260, remarks of Sir J. A. Macdonald. 
 
 ^ 2 Hatsell, 266. 
 
 *2Hatsell, 268. 
 
 ° Rule 45. 
 
 * 2 Hatsell, 265 ; rule 104. The members have the right to peruse all 
 papers in the possession of the clerk, and to obtain copies of them through 
 him. 
 
 ' Kule 103. 8 Rule 104. 
 
218 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 parliament. He is to place on the speaker's table " every 
 morning previous to the meeting of the House, the order 
 of the proceedings for the day." ^ It is his duty to deliver 
 to each member, at the commencement of every session, a 
 list of all periodical statements which are required by law 
 or by resolution of the House to be laid before it.^ He is 
 to take care that " a copy of the journal, certified by him- 
 self, be delivered each day to his Excellency the Grover- 
 nor-Greneral." ^ He lays on the table returns relative to 
 or in possession of his department.* 
 
 The clerk assistant takes minutes of the proceedings in 
 committee of the whole, ° and calls ofi" the names of mem- 
 
 1 Eule 105. 
 
 ' Rule 106. This practice has fallen into disuse. 
 
 ■'' Rule 91. 
 
 *Can. Com. J. (1883), 354 ; lb. (1885), 255 , 185 E. Com. J. 39, 390. 
 
 ° 2 Hatsell, 273. "Until 1880 there was a second clerk assistant at the 
 table, but the oiHce was abolished after that date by dropping the salary 
 from the estimates. In the Senate, as already stated {supra, 205), there 
 are three officers at the table. The two clerks assistant in England are 
 appoiijted by the Crown on the recommendation of the speaker, 19 & 20 
 Vict., c. 1, Imp, Stat. Treasury Min., Pari. Pap., 1856, vol- 51, p. 1 ; 140 E. 
 Hans. (3), 258, 447. The clerk is appointed by the Crown, on the recom- 
 mendation of the prime minister, 114 E. Hans. (3), 142. In Canada a very 
 loose system has existed since 1867, and the speaker makes appointments 
 generally on the recommendation of ministers, though there is no express 
 rule of the House or statute giving him the right in place of the clerk. 
 In the old assemblies of Canada the clerk always exercised the right 
 of appointing officers in his department with the approval of the speaker, 
 in accordance with English practice. See Leg. Ass. J. (1852.), 451, lb. 
 1860, App. No. 8 ; which latter report was not concurred in. Gradually 
 all the appointments came to be practically made by the speaker, though 
 the contingent accounts committee attempted frequently to limit the 
 speaker's eflforts to assume all authority in this particular, App. No. 2, 
 Jour. 1862 ; also No. 6, Jour. 1866. Jour. (1863), App. No. 1 (not concurred 
 in); lb. (1864), 498. Also since 1867, Pari. Deb. (1873), 66-7: lb. 
 (1878), 708-9; lb. (1879), 35, Sir J. A. Macdonald. In England the 
 vacancies, as they occur, are filled up by the speaker, the clerk, 
 and serjeant-at-arms in their respective departments, 1 Todd, 627. Pari. 
 Pap. 1856, vol. 51, p. 1. 202 E. Hans. (3) 386, 388. No authority appears 
 for taking the privilege out of the hands of the clerk in Canada, who is 
 directly responsible for the work of his department. In the house of 
 
OFFICERS OF THE HOPSE OF COMMONS. 219 
 
 bers on a division of the House, and reads the titles of all 
 bills in English and French. All the officers at the table 
 should be sufficiently conversant with the two languages, 
 so as to translate, when necessary, into the language with 
 which each of them is best acquainted/ 
 
 The business of the House also requires the employ- 
 ment of a large number of permanent and temporary 
 clerks, in addition to the officers who sit at the table. 
 One of the most responsible officers in each House is the 
 law clerk, who drafts public bills and " revises them after 
 their first reading." In every subsequent stage of such 
 bills he is " responsible for their correctness, should they 
 be amended." He must also " prepare a ' breviat ' of every 
 public bill previous to the second reading thereof" ^ Per- 
 manent clerks are also appointed to assist the committees 
 of railways, canals, and telegraph lines, of standing orders, 
 of private bills, of privileges, etc. It is also necessary to 
 employ a staff of competent translators, whose duties are 
 of a very onerous nature. The clerk may also employ, 
 " at the outset of the session, with the approbation of the 
 speaker, suchextra writers as may be necessary, engaging 
 
 representatives at Washington the clerk exercises the same right as the 
 clerk in England, with respect to appointments to his own staff. In Can- 
 ada the system has not acted favourably to the efficiency or economy of 
 the department. 
 
 ^ The legislative assembly of Canada passed a resolution to that effect 
 in 1859 (p. 323, Jour.) No rule exists in the Commons, but Mr. Speaker 
 will always make inquiries on this point, when an officer is appointed to 
 the table. Otherwise, much inconvenience might arise, if the French 
 clerk were absent — one of the officers being invariably a French Cana- 
 dian. 
 
 ' Rule 48. In 1880 it was proposed to amalgamate the law and trans- 
 lation departments of the two houses, but after full inquiry a committee 
 reported against the proposition. The dlities of the law officers and trans- 
 lators are very fully set forth kx memorandums attached to the report. 
 Sen. J. (1880), 225-234 ; Com. J. App. No. 4 ; Sen. Hansard, 468 ; also 
 Sen. J. (1882), 65, 75, report of contingent accounts committee as to 
 duties of a new officer appointed. 
 
220 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 others as the public business may require." ^ It is also 
 ordered : ^ 
 
 " Before filling any vacancy in the service of the House by the 
 speaker, inquiry shall be made touching the necessity for the 
 continuance of such oflSce ; and the amount of salary to be at- 
 tached to the same shal! be fixed by the speaker, subject to the 
 approval of the House.'' 
 
 '' No allowance shall be made to any person in the emjiloy of 
 the House, who may not reside at the seat of government, for 
 travelling expenses, in coming to attend his duties."^ 
 
 In case of any changes in the personnel of the officers, 
 who have seats on the floor, it is usual for the speaker to 
 communicate the fact to the House when the doors are 
 opened. It is also customary to enter the appointment of 
 a permanent officer in the journals, and in the case of the 
 clerk in the old Canadian parliament that he had taken the 
 required oaths ; but the practice with respect to the latter 
 is variable.* But when an officer is only brought in to 
 fill the place of an assistant clerk temporarily absent 
 from illness or other cause, the speaker sometimes con- 
 siders it expedient to state the fact to the House, though 
 the clerk need not enter it in the record of the proceed- 
 
 ' Eule 110. No limit was for years imposed to the number of extra or 
 sessional clerks, which became excessive in some sessions — the number 
 steadily increased from 1872 to 1879, and exceeded seventy in the latter 
 year. The commission of internal economy decided to make such clerks 
 permanent, and to limit the number to twenty-five sessional clerks and 
 five extra translators, besides five junior sessional clerks who had been 
 permanent for years. See estimates, 1882-3,1889-90, and Can. Hans. 
 (1880), 1026 ; speech of Sir John Macdonald, 1029. Also (Jan. Com. J., 
 1885, App. I. 
 
 2 Rule 102. » Rule 109. 
 
 "Leg. Ass. .7.(1841), 53; lb. (1852-3), 170, 211, 381, 1034; 16.(1862), 
 210, 216. Can. Com. J. (1872), 15 ; 76. (1879), 8. The appointment of Mr. 
 Patrick, as clerk, does not appear in the journals of 1873. It seems that 
 under English practice it is not necessary.to make a formal announce- 
 ment of Crown officers like the clerk and clerks assistant. The appoint- 
 ment of his successor in 1880-1 was incidentally announced, as it was 
 thought necessary by the speaker to explain the appointment of a clerk 
 assistant. Jour. 1. 
 
OFFICERS OF THE HOUSE OF COMMONS. 221 
 
 ings.* In case of the unavoidable absence of the clerk 
 from the House, he will inform the House through the 
 speaker that he has appointed a deputy to perform his 
 duties at the table.^ 
 
 Under the act providing^for the internal economy of the 
 House the speaker may, after inquiry, suspend or remove 
 any clerk, officer, or messenger, who has not been ap- 
 pointed by the Crown ; but in the case of an officer, so 
 appointed, he may suspend him and report the fact to the 
 governor-general.^ The act, however, makes no provision 
 for the appointment of officers, clerks, or messengers, after 
 a dissolution, and before the new parliament has met and 
 elected a speaker. The only officer mentioned in the act 
 is the accountant, who may be appointed by the speaker 
 who continues in office for the purposes of the act.^ Officers, 
 
 ' Mr. Leprohon, in 1877, in absence of cleA assistant, M. PicM. 
 
 ^ 2 Hatsell, 254 ; Leg. Ass. J. (1862,) 216. In tlie English Commons, it 
 is usual for the house to express its sense of the exemplary manner in 
 which the clerk has discharged his duties, when the time has come for 
 his retirement. 2 Hatsell, 254, n. ; 126 E. Com. J. 27 ; 204 E. Hans. (3), 
 232. In 1862 the Legislative Assembly of Canada adjourned out of re- 
 spect to the memory of the late clerk, after passing a resolution on the 
 subject. Jour. (1862), 210. See also proceeding in the Senate on retire- 
 ment of Mr. Lemoine, who was allowed certain honorary privileges. Sen. 
 J. (1883,) 278. Hans. 627. 
 
 ' 31 Vict., c. 27, sec. 9. 
 
 * In 1878-9 a difficulty arose with respect to the right of the speaker, 
 after the dissolution of 1878, to make certain appointments. Mr. Anglin 
 who had been speaker from 1874 to 1878, ordered several appointments, 
 and after a long controversy, as to his right, which appears in a corres- 
 pondence between himself and the clerk, they were never actually made. 
 The question came up in the House of Commons ; but no legislation took 
 place to obviate such difficulties in the future. The law (Eev. Stat, of 
 Can. c. 13, ss. 10-16) simply continues the former speaker (whose office 
 constitutionally expired with the dissolution of parliament), as chairman 
 of a board of internal economy, and his functions are expressly limited by 
 the provisions of the statute. "With respect to the issue of warrants for 
 elections, and other duties that naturally devolve on a speaker during a 
 parliament, the law is either silent or makes special provision in certain 
 cases. See supra, 158 note. Can. Hans. (1879), 29-41. Correspondence, 
 Sess. Pap. 1879, No. 17. 
 
222 SPEAKERS AND OFFICERS OF BOTH SOUSES. 
 
 clerks, and messengers, are to take the oath of allegiance 
 on their appointment, before the clerk, who shall keep a 
 register for the purpose.^ The superannuation act ap- 
 plies to the permanent officers and servants of both Houses, 
 " who, for the purposes of this act, shall be held to be in 
 the civil service of Canada, saving always all legal rights 
 and privileges of either House as respects the appoint- 
 ment or removal of these officers and servants or any of 
 them." ' 
 
 The serjeant-at-arms is appointed by the Crown, and 
 remains in office during pleasure, or until he is super- 
 annuated. He sits at a desk near the bar ; attends the 
 speaker with the mace at the assembling and prorogation 
 of parliament, at the daily opening and adjournment of 
 the House, and on all state occasions when the House is 
 supposed to be present ; ' serves the processes and exe- 
 cutes the orders of the Commons ; arrests all persons who 
 are ordered to be taken into custody ; * confines in his cus- 
 tody or elsewhere, all those who are committed by order 
 of the House ; ^ gives notice of all messages from the 
 Senate ; preserves order in the galleries and other parts of 
 
 1 31 Vict., c. 27, s. 10. The clerk in 1841 took the oath before the 
 vice-chancellor, then speaker of the council, Leg. Coun. J. (1841), 21. The 
 act of 1867 only provided for the clerk taking the oath before the speaker 
 on the passage of that act. In 1880-1, when a new clerk was appointed, 
 no provision existed for his taking the necessary oaths. The new clerk 
 of the privy council had not the power as in the case of his predecessor — 
 his authority being confined to officers under the Civil Service Act (sec. 
 26, chap. 34, Vict. 31;. Consequently the clerk of the house had to apply 
 to Lord Lome, who administered the oaths of office and allegiance by 
 virtue of his commission as governor-general (Sess. Pap. 1879, No. 14). 
 Subsequently the governor-general authorized the clerk of the privy 
 council to administer such oaths as formerly. 
 
 2 46 Vict. c. 8, s. 1, Dom. Stat. 
 
 " Funeral of Sir G. E. Carder, 1873. 
 
 * May, 265 ; 15 Mirror of P. (1840), 720 ; Can. Com. J. (1873), 12, 70. 
 May, 265 ; 95 E. Com. J. 56-59 ; Can. Com. J. (1873). 133 ; 15 Mirror of 
 P., 722, 795. 
 DniS E. Com. J. 192; Leg. Ass. J. (1866), 265. 
 
ADMISSION OF STRANGERS. 223 
 
 the House.' He is responsible for the safe-keeping of the 
 mace, furniture and fittings thereof, and for the conduct 
 of the messengers and inferior servants of the Commons.^ 
 He is entitled to a fee of four dollars from all persons who 
 shall have been committed to his custody.^ He has the 
 right to appoint a deputy with the sanction of the speaker 
 who will always report such an appointment to the 
 House.' The serjeant-at-arms being the chief executive 
 officer of the Commons, to whom the warrant of the pre- 
 siding officer is directed, and by whom it is served, it is 
 commonly against him that complaints are instituted, or 
 actions brought for executing the orders of the assembly.'^ 
 
 rV.— Admission of Strangers.— As the serjeant-at-arms m.ain- 
 tains order in the galleries and lobbies of the house, some 
 allusion may very appropriately be made here to the 
 orders and arrangements of the House with reference to 
 the admission of strangers. The senators have a gallery 
 devoted exclusively to themselves ; the speaker also gives 
 admission to a gallery of his own. The public in general 
 is admitted to other galleries by tickets distributed to 
 members by the serjeant-at-arms. Strangers are not 
 obliged to withdraw in the Canadian Commons when a 
 division takes place. In the session of 18*76 the Commons 
 — and the Senate, also — adopted as a standing order " the 
 following resolution which was first proposed by Mr. 
 Disraeli,'' in ISTS, in the English House of Commons : 
 
 1 E. Com. Pap. 1847-8, vol. xvi. 45. 
 
 '' Rule 107. 
 
 3 Rule 108. 
 
 * Can. Com. J. (1872), 15. 
 
 5 Cases of Sir Francis Burdett (1810) ; Mr. Howard (1842-3); Mr. Lines 
 (1852), given by May, 181-89. See also Gushing, p. 134. See also action 
 against deputy Serjeant of English house, in 1882, by Mr. Bradlaugh, 
 Times, 12th Jan., and 21st Feb., 1883 ; May, 189. 
 
 "Sen. S. 0.11; Com. S. 0.6. 
 
 ' 130 E. Com. J. 243 ; 224 E. Hans. (3), 1185 ; 131 E. Com. J. 79 ; 227 E. 
 Hans. (3), 1420. 
 
224 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 " If, at any sitting of the Senate (or House), any member shall 
 take notice that strangers are present, the speaker or the chair- 
 man (as the case may be) shall forthwith put the question, ' That 
 strangers be ordered to withdraw,' without permitting any de- 
 bate or amendment : Provided that the speaker, or the chairman, 
 may, whenever he thinks proper, order the withdrawal of 
 strangers." 
 
 The 5th. rule also orders : 
 
 " Anj^ stranger admitted into any part of the house or gallery, 
 who shall misconduct himself, or shall not withdraw when stran- 
 gers are directed to withdraw, while the House or any committee 
 of the whole House, is sitting, shall be taken into custody by the 
 serjeant-at-arms; and no person so taken into custody is to be 
 discharged without the special order of the House." 
 
 V. The Clerk of the Crown in Chancery.— The clerk of the 
 crown in chancery is always present at the table of the 
 House of Oommons, at the commencement of a new par- 
 liament, and hands to the clerk the roll, or return book, 
 which contains the list of members elected to serve in the 
 parliament.^ In conformity with law, he issues writs for 
 elections,^ makes certificates to the House, in due form, of 
 the rettirn of members, and performs other functions 
 relating to elections.^ He attends the House with election 
 returns, and amends the same, when so ordered.* The 
 various proclamations, summoning, proroguing, and 
 dissolving parliament, are issued by command out of 
 chancery.^ He is also required to attend in the senate 
 chamber at the close of a session, or whenever his Excel- 
 lency the governor-general gives the royal assent to 
 bills, the titles of which it is the duty of this ofiicer 
 
 1 Can. Com. J. 1867-8, 1874, 1879, &c., p. 1. 
 
 ^37 Vict, c. 10, s. 36 ; 41 Vict., c. 5, ss. 12-15 ; Rev. Stat, of Can., c. 9, 
 s. 46 ; lb. c. 13, ss. 5-9. 
 
 ' lb. c. 8, s. 66, etc. ; Can. Com. J. (1882), 3-8, etc. 
 
 ' Can. Com. J. (1873), 5 ; lb. (1883), 40, 261, 262 ; lb. (1887), 6. 
 
 *See Can. Com. J. (1891), and commencement of every volume since 
 1867. 
 
THE VOTES AND JOURNALS. 225 
 
 to read in the two languages.* He is appointed by the 
 Crown.^ 
 
 VI. The Votes and Journals.— The " Yotes and Proceedings" 
 are printed daily, and distributed in English and French 
 to members and others. The Journals* are prepared under 
 the direction of the clerk, by an officer of experience, 
 called the clerk of journals. These journals are made up 
 from the original minutes of the clerk, and whenever they 
 differ from the Totes and proceedings they alone are held 
 to be correct.'' A member may move that an entry in the 
 journals be expunged,^ and in this way a resolution of a 
 former session has been ordered to be struck out." "When 
 a motion or entry has been ordered to be expunged, • no 
 mention of it will appear in the votes/ "When any person 
 requires the journals of the Commons as evidence in a 
 court of law, or for any legal purpose, he may either 
 obtain from the journal office a copy of the entries re- 
 quired without the signature of any officer, and swear 
 himself that it is a true copy, or, with the permission of 
 the House or, during the prorogation, of the speaker, he may 
 secure the attendance of an officer to produce the printed 
 journal, or extracts which he certifies to be true copies ; 
 or, if necessary, the original manuscript journal book.* It 
 
 1 Sen. J. (1883), 294. 
 
 ^ Hatsell points out (ii. 245 and 252, n.) that " he is also an officer of 
 the House of Commons," though appointed by the Crown and in attend- 
 ance on the Lords on certain occasions. 
 
 '^ The Canadian journals were first printed in their present 8vo. form 
 (1852-3), 85. * Gushing, p. 175. Perry & Knapp, 536; Pari. Deb. v., 20. 
 
 5 5E. Com. J. 197; 33 lb. 509. Sen. J. (1871), 134; Debates, 278. A 
 motion to expunge an entry in the journals of the House must come up by 
 due notice, and cannot be treated as a question of privilege. 263 B. Hans. 
 (3), 45-9. 
 
 « May, 263 ; 38 E. Com. J. 977, resolution respecting Wilkes. 
 
 '17 E. Hans. (3), 1324 ; 137 lb. 202 ; May, 263. 
 
 « May, 261, 262. By Act 8 & 9 Vict., c. 113, s. 3, Imp. Stat., all copies 
 of the journals of either House, purporting to be printed by the printers to 
 either House, shall be admitted as evidence thereof by all courts, judges, 
 15 
 
226 SPEAKERS AND OFFICERS OF BOTH HOUSES 
 
 is provided by the 3rd section of 31 Yict., chap. 23 (Eev. 
 Stat, of Can., chap. 11, s. 5), that " upon any inquiry 
 touching the privileges, immunities, and powders of the 
 Senate and House of Commons, or of any member thereof 
 respectively, any copy of the journals of the Senate or 
 House of Commons, printed or purporting to be printed, 
 by order of the Senate or House of Commons shall be 
 admitted as evidence of such journals by all courts, jus- 
 tices, and others, v^ithout any proof being given that 
 such copies were so printed." It is also ordered by the 
 92nd rule of the Commons "that this House doth con- 
 sent that its journal may be searched by the Senate, in 
 like manner as this House may, according to parliamentary 
 usage, search the journal of the Senate." The daily pub- 
 lication of the journals of the two Houses has, however, 
 rendered this rule now almost nugatory. In former 
 times this proceeding was not unfrequently resorted to.^ 
 A similar resolution still remains among the rules of the 
 Senate.^ 
 
 In case certain documents or records belonging to the 
 Commons are required in an action before the courts, the 
 House will give permission to the proper officer to attend 
 
 justices and others, without any proof being given that such copies were 
 so printed. It has been decided in English courts that copies of the 
 journals are evidence; Eex ?'. Gordon iLord George), 2 Doug., 593; See 
 Mortimer v. McCallan, 6 ; Meeson and Welsby, 67. But an entry in a 
 printed copy of the journals of the E. House of Commons is not receivable 
 unless it has been compared with some original at the House ; but an 
 examined copy of an entry in the minute book kept by the clerk at the 
 table of the house is receivable. Chubb v. Salomans, 3 Carrington and 
 Kirwan, 75 ; Pollock. C 8. XJ. C, c. 32, s. 6, re-enacted by E. S. 0., c 61, s. 25, 
 provides that whenever any book or other document is of so public a 
 nature as to be admissible in evidence on its mere production from the 
 proper custody a copy or extract therefrom shall be admissible in evi- 
 dence in the courts, provided it be proved that it is an examined copy or 
 extract or that it purports to be signed and certified as a true copy or 
 extract by the offlcer to whose custody the original has been entrusted. 
 
 1 Leg. Ass. J. (1856), 747. 
 
 ' E. 110. 
 
THE OFFICIAL REPORTS. 227 
 
 with the necessary papers, on a petition having been first 
 presented to the Honse, setting forth the facts.^ During 
 the prorogation, as previously stated, it is usual to obtain 
 the permission of the speaker. 
 
 Vn. The Official Reports.— It is only within a recent period 
 that the House of Commons has agreed to employ an 
 efficient staiF of official reporters. Previous to 1874 all 
 attempts in this direction were fruitless,^ though it had 
 not been unusual to make special arrangements for the 
 reporting of very important debates in the House and its 
 committees.* In 1874 a select committee was appointed 
 to report on the best means of obtaining a Canadian Han- 
 sard ; and the resiilt was the adoption of a scheme which 
 was carried out in 18*75.* Since then the debates have 
 been reported by a staff of reporters paid by the House, 
 and published in a form similar to that of the English 
 Hansard. The reports are, as a rule, very correct, and a 
 decided improvement upon the partial, imperfect reports 
 in the newspapers to which the members were previously 
 obliged to refer. Any one who has to gather the mate- 
 rials for a political work, or to find precedents of old par- 
 liamentary usages and procedure in this country, must 
 see the value of such a correct record as is afibrded by the 
 several series known in England as Hansard's Debates.^ 
 
 The Senate has also an official record similar to that of 
 the House of Commons. In both Houses one of the first 
 
 1 136 E. Com. J., 320, 337 ; Can. Com. J. (1884), 39, 40; Sen. J., 44. 
 
 2 Can. Com. J. (1867-8), 33, 48, 60, 68, 399. See also journals of 1870 and 
 1871. 
 
 ^ lb. (1867-8), 200. The debates on confederation during 1865 were re- 
 ported in full by the authority of the legislative assembly. 
 
 * J6. (1876), 55, 58, 90, 99, 180, 205, 327,342, 343; lb. (1876), 58, 62,65, 
 80, 86, 93, 100, 261 ; lb. (1877), 22, 23, 27, 233, 245. It is always usual at 
 the close of a session to make suggestions for the next. Jour. (1890), 
 429. 
 
 ° See 224 E. Hans. (3) 48, &c., for a report of an interesting discussion on 
 the publicity now given to debates in English Commons, &c. 
 
228 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 proceedings at the opening of the session is to appoint a 
 select committee with reference to the publication of the 
 official reports of debates.^ The reporters, both French 
 and English, are now permanent officers of the Com- 
 
 Vin. Library and Reading Rooms.— The Parliament of Can- 
 ada supports at a large expense a valuable library for the 
 use of the members of the two Houses. By an act * passed 
 in the session of 1871, it is provided that the direction 
 and control of the library shall be vested in the two 
 speakers, assisted by a joint committee of the two Houses. 
 This committee * has power, from time to time, to 
 make orders and regulations for the government of the 
 library, and for the proper expenditure of moneys to be 
 voted by parliam.ent for the purchase of books, sub- 
 ject, however, to the approval of the two Houses. 
 The officers and servants ^ consist of a general librarian. 
 
 ^ Sen. J. (1890), 14 ; Com. J., 6. The commons' committee on debates 
 recommend to the House the appointment, salaries and duties of the 
 official reporters, and yi fact make all the arrangements necessary for 
 the satisfactory operation of the system. Their reports, when adopted, 
 are the rules governing the publication of the reports. Can. Com. J. (1885) 
 21, 26, 30, 616, 619 ; lb. (1888), 57, 110, 272, 289 ; lb. (1890), 46, 429, 446. In 
 the Senate the worli is under contract. Sen J. (1885), 265, 273, 365, 395- 
 In 1887, during the elections, certain French official reporters of the Com- 
 mons having published language reflecting on two members of the House 
 — one of them a minister of the Crown — the subject was brought before 
 the speaker by the committee on debates, and they were dismissed by 
 him ; but exception was taken to this course by an amendment setting 
 forth that all questions respecting the reporting were within the exclusive 
 jurisdiction of the House itself. The House decided by a division that the 
 speaker acted within the scope of his powers. Can. Com. J. (1887), 338; 
 lb. (1888), 173, 177. Hans. 713 et seq. 
 
 2 Com. J. (1880), 268, 281, 349; lb. (1883), 176, 188. 
 
 3 34 Vict., c. 21 ; Rev. Stat, of Can., c. 15. 
 
 * Appointed at the commencement of every session. 
 
 ^ All such officers and servants have now their salaries fixed by the 
 governor-in-council according to the scale provided in the acts relating to 
 the Civil Service. Eev. Stat, of Can. c. 15, s. 5. 
 
LIBRARY AND READING ROOM. 229 
 
 a parliamentary librarian,' and several clerks and mes- 
 engers, who are appointed by the Crown, and hold 
 office during pleasure. Under the rules' the libra- 
 rian must keep a proper catalogue of the works in the 
 library and report its condition to the House at the com- 
 mencement of every session.^ No person is entitled to 
 resort to the library during the session except the gover- 
 nor-general, the members of the privy council, and of the 
 two houses, and the officers of the same, and such other 
 persons as may receive a written order of admission from 
 the speaker of either House. Members may personally 
 introduce strangers to the library during the daytime, but 
 not after the hour of seven o'clock in the evening. The 
 speakers issue cards to members allowing the use of books 
 during the recess to persons outside — two works at a 
 time for three weeks! During the session no books can 
 be taken out except upon the authority of the speaker, or 
 upon receipts given by a member of either House. During 
 the recess access is given to all those who have tickets or 
 cards admitting them to the privileges of the library, or 
 have received permission from the librarian. No member 
 of either House who is not resident at the seat of govern- 
 ment is at liberty to borrow or have in his possession at 
 any one time more than three works, or to retain the same 
 longer than a month. No books of reference or of special 
 cost or value may be removed from the seat of govern- 
 ment under any circumstances. At the first meeting of 
 the joint committee the librarians will report any infrac- 
 tion of the rules. 
 
 ' Previous to 1885 there was one chief and one assistant librarian, but 
 in that year the two officers named above were appointed under 48-49 
 Vict., c. 45, and have commissions under the great seal. The late chief 
 librarian, Dr. Alpheus Todd, was a well known authority on parliamen- 
 tary government. The library now comprises a large and valuable col- 
 lection of books (some 140,000 volumes) in every department of literature. 
 See librarians' report every session of parliament. 
 
 •' Eules 111-118 of Commons. ^ Can. Com. J. (1890), Sess. P., No. 8. 
 
230 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 It was formerly the practice for the committee on the 
 library to act as a " Board for the encouragement of liter- 
 ary undertakings " in Canada, and to recommend from 
 time to time that the patronage of the legislature should 
 be extended to various native authors. In 1867-8 the 
 committee reported that thereafter the executive govern- 
 ment should themselves assume the responsibility of 
 recommending to parliament grants of money in aid of 
 useful and valuable publications.^ The committee con- 
 tinue, however, to recommend that aid be given to works 
 relating to constitutional questions and parliamentary 
 practice.^ 
 
 Each of the houses has also attached to it a reading- 
 room, where are filed the leading newspapers of the two 
 continents. By the 119th rule : 
 
 " The clerk is authorized to subscribe for the newspapers pub- 
 lished in the dominion, and for such other papers, British and 
 foreign, as may be from time to time directed by the speaker," 
 
 Access to these reading-rooms during the session is per- 
 mitted to persons introduced by a member.' 
 
 IX. The Commissioners of Internal Economy. — Certain expenses 
 of the legislative assembly of Canada were always regu- 
 lated by a cjmmittee of contingencies, appointed at the 
 opening of each session. On its report the salaries and 
 other contingent expenses were provided for. * The com- 
 mittee was re-appointed in 1867-8, and made several 
 reports, which were acted upon ; " but during the same 
 session, the premier (Sir John Macdonald) brought in a 
 bill respecting the internal economy of the House of Com- 
 
 1 Can. Com. J. (1867-8), 251. 
 
 2/fc. (1879), 345, 414; lb- (1S83), 178; Sen. J. 122-127. In the two last 
 cases a vote was put in the estimates, in accordance with the recommen- 
 dation of the committee. Jour. (1883), 433 ; also, Tb. (1890), 394. 
 
 ' Rules of admission are posted up in the reading-room of the Commons 
 unJer the authority of the speaker. 
 
 ^ Leg. Ass. J. (1861), 9, 66, 138, 259, 260. 
 
 = Can. Com. J. (1867-8), 5, 22, 143, 188, 195, 208. 
 
COMMISSIONERS OF INTERNAL . ECONOMY. 23 1 
 
 mons, which was unanimously passed.^ By this act the 
 speaker of the House, and four members of the privy 
 council, who are also members of the House, are appointed 
 commissioners to carry out the objects of the statute. The 
 names of the four commissioners must be communicated 
 by message from the governor to the House of Commons 
 in the first week of each session of parliament,^ — the said 
 commissioners being appointed by the governor in coun- 
 cil. For the purposes of this act, the person who shall 
 fill the office of speaker at the time of any dissolution of 
 parliament shall be deemed to be a speaker to carry out 
 the provisions of the act until a speaker shall be chosen 
 by the new parliament ; and in the event of the death, 
 disability, or absence from Canada of the speaker, during 
 any dissolution or prorogation of parliament, any three 
 of the commissioners — three being always a qiiorum — 
 may execute any of the purposes of this act. The speaker 
 is to appoint an accountant, who must give proper secu- 
 rity. The accountant has the disbursement of all the 
 moneys required to pay members' indemnity, salaries of 
 clerks, officers, and messengers, and other contingent ex- 
 penses of the House. His account, duly audited, is laid 
 before the House soon after the commencement of the 
 session.^ The clerk and serjeant-at-arms shall make esti- 
 mates of the sums required for the service of the House. 
 These estimates shall be submitted to the speaker for his 
 approval, who will prepare and sign an estimate for the 
 necessary expenditures, and transmit the same to the 
 minister of finance for his approval. The commissioners 
 of internal economy now regulate with the speaker all 
 salaries and expenses — in fact, assist the speaker as an 
 
 ' Can. Com. J. (1867-8), 305, 430 ; Rev. Stat, of Can. c. 13, ss. 10-16. See 
 Imp. Stat. 52 Geo. Ill, c. 11 ; 9 & 10 Vict., c. 77; 12 & 13 Viet, c 72; 1 
 Todd, 663. Tlie Canadian Act is based on these imperial statutes. 
 
 2 Can. Com. J. (1869), 20; lb. (1871), 17 ; lb. (1874), 8; lb. (1875), 65 ; 
 lb. (1876), 65; (1877), omitted ; lb. (1878), 39 ; lb. (1879), 17, &c. 
 
 => Can. Com. J. (1877), 18 ; lb. (1879), 8, &c. 
 
232 SPEAKERS AND OFFICERS OF BOTH HOUSES. 
 
 advisory or consulting board with respect to the staff of 
 the House. By an act ^ passed in the session of 1878, 
 more stringent provision was made for the auditing of 
 the accounts of the public departments, and for the 
 reporting thereon to the House of Commons by an audi- 
 tor-general, but as this act did not appear to include the 
 two Houses of Parliament,^ the committee of public ac- 
 counts recommended the adoption by the House of certain 
 resolutions declaring it advisable to have the accounts of 
 the two Houses, as well as of the library, audited in due 
 form.^ The Houses subsequently agreed to have all their 
 accounts fully audited — the printing and library accounts 
 being included in the resolutions on the subject/ 
 
 ' 41 Vict-, c. 7, Eev. Stat, of Can. c. 29, ss. 21 et seq. See chapter xvii. 
 on supply, s. 15. 
 
 ^ Auditor General's Rep. 1880, Sess. P., No. 5, pp. xv, xvi. 
 
 ^ Com. Jour. (1880), 119. 
 
 * Sen. J. (1880), 96-7 ; Com. J. 125-6. Auditor General's Rep. for 1881 
 and subsequent years. All accounts are now submitted every month to 
 the auditor-general, certified by the proper officers, and a strict super- 
 vision consequently exercised over all expenditures of the Houses. 
 
CHAPTER IV. 
 
 PRIVILEGES AND POWERS OF PARLIAMENT. 
 
 I. Claim of Privileges at commencement of a new Parliament. — II. 
 Statutes on Privileges of the Canadian Parliament.— III. Extent of 
 Privileges.— IV. Personal Privileges of Members.— V. Freedom of 
 Speech. — VI. Libellous Reflections on Members collectively or sever- 
 ally — VII. Proceedings of Select Committees.— VIII. Assaulting, menac- 
 ing, or challenging of Members. — IX. Disobedience to Orders of the 
 House, &c. — X. Attempt to bribe Members. — XI. Privileged Persons 
 not Members.— Xir. Punishment of a Contempt of Privileges.— XIII. 
 Power of Commitment. — XIV. Duration of Power of Commitment. 
 XV. Procedure in case of a breach of Privilege. — XVI. Suspension and 
 Expulsion of Members. — XVII. Power to Summon and Examine Wit- 
 nesses — Procedure in such cases. — XVIII. Privileges of Provincial 
 Legislatures. 
 
 I. Claim of Privileges at commencement of a new Parliament. 
 — At the commencement of every new parliament the 
 speaker will, immediately after his election by the House 
 of Commons, on presenting himself before the governor- 
 general in the Senate chamber, proceed to claim on be- 
 half of the Commons : 
 
 "All their undoubted rights and privileges, especially that 
 they may have freedom of speech in their debates, access to his 
 Excellency's person at all seasonable times, and that their pro- 
 ceedings may receive from his Excellency the most favourable in- 
 terpretation." '■ 
 
 ' Can. Com. J. (1867-8), 3 ; 1873, 1874, 1879, 1883, 1887, 1891. This for- 
 mula has varied a little since 1792 [Low. Can. J. (1792), 16 ; Upp. Can. J. 
 5 ; Leg. Ass. J. (1841), 3.] See, however, on this point : " Are Legis- 
 latures Parliaments ? " By F. Taylor (65-8), who points out what he 
 considers material differences in the formula. In the English Parlia- 
 ment it is still usual to demand freedom from arrest of their persons and 
 
234 POWERS AND PRIVILEGES. 
 
 If a speaker should be elected during a parliament, it 
 will not be necessary that he should renew the claim for 
 privileges, as these, having been demanded at the begin- 
 ning of a parliament, continue in force during its legal 
 existence.^ 
 
 II. Statutes on Privileges of the Canadian Parliament— The 
 18th section of the British North America Act, 1861, pro- 
 vides : 
 
 " The privileges, immunities, and powers to be held, enjoyed, 
 and exercised by the Senate, and by the House of Commons, and 
 by the members thereof respectively, shall be such as are from 
 time to time defined by act of the Parliament of Canada, but so 
 that the same shall never exceed those at the passing of this act 
 held, enjoyed, and exercised by the Commons House of Parlia- 
 ment of the United Kingdom of Great Britain and Ireland, and 
 by the members thereof." 
 
 Some years later doubts having arisen as to powers en- 
 joyed under the foregoing section by the parliament of 
 Canada,^ an imperial statute repealed the section and 
 substituted the following : 
 
 " The privileges, immunities, and powers to be held, enjoyed, 
 and exercised by the Senate and House of Commons, and by the 
 members thereof respectively, shall be such as are from time to 
 time defined by act of the parliament of Canada, but so that any 
 act of the parliament of Canada defining such privileges, im- 
 munities, and powers, shall not confer any privileges, immunities, 
 or powers exceeding those at the passing of such act, held, enjoyed, 
 and exercised by the Commons House of Parliament of the 
 
 servants ; E. Com. J. for 1852, 1869, and 1874. May, 69, nute, explains 
 that the claim for servants was still retained, when the question was 
 considered in 1853, as it was doubtful whether certain privileges might 
 not attach to the servants of members, in attendance at the House. The 
 officers and servants of the House are still privileged within its pre- 
 cincts. 2 Hatsell, 225 ; 108 E. Com. J. 7. 
 
 1 See infra, 278 ; 2 Hatsell, 227. 
 
 '' See chapter xvi. on select committees (s. 9 on witnesses) where the 
 difficult}', rendering new legislation necessary, is explained at length. 
 
EXTENT OF PRIVILEGES. 235 
 
 United Kingdom of Great Britain and Ireland, and by the mem- 
 bers thereof." ' 
 
 On tlie assembling of the first parliament of the Dom- 
 inion in 186*7-8, an act was passed "to define the privi- 
 leges, immunities, and powers of the Senate and House of 
 Commons, and to give summary protection to persons 
 employed in the publication of parliamentary papers." 
 Under this act the two Houses respectively and their 
 members shall exercise the like privileges as, at the time 
 of the passing of the British North Amei^ica Act, 186'7, 
 were enjoyed by the Commons House of Grreat Britain, 
 so far as the same are consistent with the said act. These 
 privileges are deemed part of the general and public law 
 of Canada, and it is not necessary to plead the same, but 
 they shall be noticed judicially in the courts. Any copy 
 of the journals, printed by order of the two Houses, shall 
 be admitted as sufiicient evidence in any inquiry as to 
 the privileges of parliament. Provision is also made for 
 protection to persons publishing parliamentary papers 
 and reports.^ 
 
 III. Extent of Privileges.— It is quite obvious that a legis- 
 lative assembly would be entirely unable to discharge its 
 functions with efficiency unless it had the " privilege " or 
 in other words, the "discretionary authority" to punish 
 ofienders, to impose disciplinary regulations upon its 
 members, to enforce obedience to its commands, and to 
 prevent any interference with its deliberations and pro- 
 ceedings.^ In the early times of parliamentary govern- 
 
 ' 38-39 Vict. c. 38, Imp. Stat., given in full at end of this vol., and also 
 in Dominion Statutes for 1876. 
 
 " 31 Vict. c. 23, Dom. Stat. ; Eev. Stat, of Can. c. 11, ss. 3-8. 
 
 ' See Story on the Constitution of the United States (Cooley's 4th ed.), 
 s. 887, p. 588. •' Between ' prerogative and privilege' there exists a close 
 analogy ; the one is the historical name for the discretionary authority 
 of the Crown ; the other is the historical name for the discretionary au- 
 thority of each house of parliament." Dicey, The Law and the Constitu- 
 tion." (3rd. ed.), 351. 
 
236 POWERS AND PRIVILEGES. 
 
 ment in England, th.e extent of the privileges of parlia- 
 ment was vaguely defined, but now^ all privileges essen- 
 tial to enable each branch of the legislature to perforin 
 its appropriate constitutional functions, are at length 
 as well recognized and established and as accurately- 
 defined, partly by usage, partly by law, and partly by the 
 admission of co-ordinate authorities, as are any of the 
 rules and principles of the common law.^ Both Houses 
 now declare what cases, by the law and custom of parlia- 
 ment, are breaches of privilege, and punish the offenders 
 by censure or commitment, in the same manner as courts 
 of justice punish for contempt.^ "Whatever parliament 
 has constantly declared to be a privilege is the sole evi- 
 dence of its being part of the ancient law of parliament. 
 At the same time it has been clearly laid down by the 
 highest authorities that, although either House may ex- 
 pound the law of parliament, and vindicate its own pri- 
 vileges, it is agreed that no new privilege can be created.' 
 A breach of privilege committed in one parliament may 
 be considered and dealt with in another parliament.'' So 
 either House may punish in one session offences that have 
 been committed in another.^ 
 
 On the whole, " it seems now to be clearly settled that 
 the courts will not be deterred from upholding private 
 rights by the fact that questions of parliamentary privi- 
 lege are involved in their maintenance ; and that, except 
 as regards the internal regulation of its proceedings by 
 the House, courts of law will not hesitate to inquire into 
 
 ' Gushing, p. 217. 
 
 ' May, 73 ; 8 Grey's D. 232. 
 
 3 May, 72. 14 E. Com. J. 555, 560. 
 
 * 37 Pari. Hist. 198. 1 Hatsell, 184. 1 E. Com. J. 925 ; 2 lb. 63 ; 13 lb. 
 735. May, 109. 
 
 ^ May, 110. Resolution of 4th and 14th April, 1707 ; 15 E. Com. J. 376, 
 386. 21 Lord's J. 189. 22 E. Com. J. 210. 249 E. Hans. (3), 989. Can. 
 Com. J. (1880, 1st sess.), 24, 58-9. Case of J. A. Macdonell for using oflfen- 
 sive expressions in a previous session against Mr. Huntington. 
 
PERSONAL PRIVILEGES OF MEMBERS. 23*7 
 
 alleged privilege, as they would into local custom, and 
 determine its extent and application." ' 
 
 With these general remarks on the privileges of parlia- 
 ment, we may now proceed to give the following sum- 
 mary of their character and extent, as we gather them 
 from the English authorities, which are our only correct 
 guide on such a subject. 
 
 IV. Personal Privileges of Members.— Members are protected 
 in their attendance on parliament, and guaranteed against 
 all restraint and intimidation in the discharge of their 
 duties, and it is a general principle of English parlia- 
 mentary law that " at the moment of the execution of the 
 indenture (or return) the existence of the member, as a 
 member of parliament, commences to all intents and pur- 
 poses." ^ This privilege continues in full force, whether a 
 member is absent with or without leave of the assembly, 
 and only ceases when the member resigns, accepts an 
 office of emolument, or is expelled.^ The privilege has been 
 always held to protect members from arrest and imprison- 
 ment under civil process, whether the suit be at the action 
 of an individual or of the public ; * but " it is not claim- 
 able for any indictable offence." '^ This privilege of free- 
 
 ^ Anson, Law and Custona of the Constitution, i. 165. See Bradlaugh v. 
 Gossett, 12 Q. B. D. 281. 
 
 '' 1 Hatsell, 166 ; 2 Ih- 75, note- Coke says : " Every man is obliged at 
 his peril to take notice, who are members of either House, returned of 
 record." Fourth Inst. 24. See>lso Fortnam v- Lord Eokeby, Taunt Rep. 
 iv. 668. 
 
 ■iCushing, p. 226. 
 
 *Lord Brougham, Wellesley's case, Russell & Mylnes' R. ii. 673, 
 Westmeath v- Westmeath, Law J. viii. (chancery), 177. Hale on R 16, 30. 
 
 "Committee of P., Sess. P. (1831), 114; also 2 E. Com. J. 261 ; 4 Lords' 
 J. 369 ; 11 E. Com. J. 784 ; 29 lb. 689. 15 Pari. Hist. 1362-1378. See re- 
 solution of E. Commons, 20th May, 1675. The most memorable case is 
 that of Lord Cochrane (afterwards Earl of Dundonald) arrested in the 
 House, whilst not in session. It was considered that the circumstances 
 were just the same as if he had been arrested on his way down to the 
 House. 30 B. Hans. (1), 336-7. A member may not be committed for 
 contempt of court, except it is of a quad criminal nature — not part of a 
 
238 POWERS AND PRIVILEGES. 
 
 dom from arrest on civil process has been allowed for 
 forty days before and after the meeting of parliament. It 
 continues during the whole session and is enjoyed even 
 after a dissolution for a reasonable a.nd convenient time 
 for returning home.^ Members may, however, be coerced 
 by every legal process except the attachment of their 
 bodies.^ 
 
 The privileges of exemption from serving as jurors, or 
 attending as witnesses, during a session of parliament, 
 are well established,' and precedents are found of the 
 House having punished parties who have served sub- 
 civil process. Case of Fortescue Harrison, 1880 ; May, 160- " I know of 
 no authority for the proposition that an ordinary crime committed in the 
 House of Commons would be withdrawn from the ordinary course of cri- 
 minal justice;" Mr. Justice Stephen, Bradlaugh r. Gossett, Feb. 9th, 1884, 
 Q. B. D 
 
 1 May, 138-43. Barnardo v. Mordaunt, 1 Lord Ken, 125 ; 1 Dwarris, 
 101. Pitt's case, 1 Strange, 985. K. B. Cases, tempore Hardwicke, 28. In 
 case of Mr. Fortescue Harrison, 1880, Vice-Chancellor Hall held that the 
 pri-vilege extended to forty days after a prorogation or dissolution. Times, 
 16th April, 1880 ; May, 160. An act of the Ontario legislature continues 
 it for twenty days before and after, Eev- Stat., chap. 11, s. 48, sub-s. 11. In 
 the case of the Queen v. Gamble & Boulton (9 IJ. C, Q. B. 546), it was 
 held, that a member of the provincial parliament was privileged from 
 arrest in civil cases, and that the period for which the privilege lasted 
 was the same as in England. The judge, in delivering the opinion of 
 the court, said : " And while, apart from our own statutes and judicial 
 decisions, I see nothing in the decisions in Beaumont v. Barrett et at-, or 
 the more recent case of Kielly v. Camon, at variance with the assertion 
 and enjoyment of this privilege by our own legislature, I am confirmed 
 in my opinion of its existence by our general adoption of the law of Eng. 
 land, by the provision for suits against privileged parties contained in 
 our statute of 1822; and in the statutes of Canada, 12 Vict., c.63, ss- 22 
 and 23 ; 13 & 14 Vict, c 55, s. 96, and by the uniform decisions of our 
 courts since the former act, and also, as I am informed, before it." 
 
 ■' May, 147 ; 10 Geo. ill., c. 50 ; 45 Geo. III., c. 124 ; 47 Geo. III., Sess. 2, 
 c. 40, Imp. Stat. When members are arrested or committed, on a cri- 
 minal charge, the House should be informed of the fact by the court or 
 magistrate having jurisdiction in the case. 107 E. Com. I. 28 ; May, 153- 
 154. 
 
 n Hatsell, 112, 118, 171, 173; D'Ewes, 637; 1 Dwarris, 103, 105; Cau 
 Hans. (1877), 1540-1. 
 
FREEDOM OF SPEECH. 239 
 
 pcenas upon members.^ Thougli members cannot be 
 compelled to attend as jurors,^ yet the House may give 
 leave of absence to members to attend elsewbere as -wit- 
 nesses, when it is shown that the public interests will not 
 consequently suffer.^ The exemption has been held good 
 in the case of an adjournment.* The English Juries Act, 
 18*70, exempts peers and members of parliament from 
 serving as jurors without reference to the sitting of the 
 Houses. '^ 
 
 V. Freedomof Speech.— Among the most important privi- 
 leges of a legislature is the enjoyment of the most perfect 
 freedom of speech— a privilege long recognized and con- 
 firmed as part of the law of the land in G-reat Britain and 
 all her dependencies.^ Consequently, this privilege secures 
 to every member an immunity from prosecutions for any- 
 thing said or done by him, as a representative, in the 
 exercise of the functions of his office, whether it be in 
 the House itself or in one of its committees.^ But if a 
 member should proceed himself to publish his speech, his 
 printed statement will be regarded as a separate publica- 
 tion unconnected with any proceedings in parliament ; 
 but a fair and faithful report of the whole debate will not 
 be actionable.^ 
 
 1 3 Lords' J. 630 ; 9 E. Com. J. 339 ; 1 Hatsell, 96, 169, 175. 
 
 '' 14 E. Hans. (N.S.), 569, 642 ; 81 E. Com. J. (52, 87. " No member shall 
 be withdrawn from his attendance on his duty on pariiament to attend 
 on any other court." Rep- of committee of Privileges, 1826. 
 
 ■m E. Com J. 110; 82 lb. 306, 379. E. Hans- D., 1st March, 1844, Earl 
 of Devon. 
 
 *21 E. Hans. (N-S.), 1770. ^ May, 151- 
 
 " " The freedom of speech and debates and proceedings in parliament 
 ought not to be impeached or questioned, in any court or place out of 
 parliament, 9th article. Bill of Eights." See May, chap. iv. ; 2 E. Com. J. 
 203 : 9 lb. 25 ; 12 Lords' J, 166 ; lb. 223. Cases of Sir John Eliot, Denzil 
 Hollis, and Benjamin Valentine. 5 Charles I. ; 1 Hallam Const. Hist., 
 371 ; 2 lb. 10. 
 
 ' Gushing, p. 243. 
 
 "*May, 125. The lord chief justice, in case of Wason v. Walter, 21st 
 
240 POWERS AND PRIVILEGES. 
 
 VI. Libellous reflections on members collectively or severally.— 
 Any scandalous and libellous reflections on the proceed- 
 ings of the House is a high breach of the privileges of 
 parliament.^ So, libels or reflections upon members indi- 
 vidually have also been considered as breaches of privilege 
 which may be censured or punished by the House ; but 
 it is distinctly laid down by all the authorities : 
 
 "To constitute a breach of privilege such libels must concern 
 the character or conduct of members in that capacity. Asper- 
 sions upon the conduct of members as magistrates, or officers in 
 the army or navy, or as counsel, or employers of labour, or in 
 private life, are within the cognizance of the courts, and are not 
 fit subjects for complaints to the House of Commons." ^ 
 
 Yery few cases can be found in the Canadian journals 
 since 186*7^ of the House of Commons or its members 
 taking formal proceedings with respect to attacks in the 
 newspapers on their parliamentary conduct. The follow- 
 ing are the only instances : 
 
 Dec, 1867, laid it down very distinctly that, " if a member publishes his 
 own speech, reflecting upon the character of another person, and omits 
 to publish the rest of the debate, the publication would not be fair, and 
 so would not be privileged." See also 1 Esp. N. P. C. 228 ; 1 M. and S. 
 278. 
 
 ' Ees. of 21st May, 1790 ; 45 E. Com. J. 508. See 29 Lords' J. 16 ; 15 
 Pari. Hist. 779 ; 60 E. Com. J. 113 ; 65 lb. 252. Case of Mr. O'Connell, 93 
 E. Com, J. 307, 312, 316 , 41 E. Hans. (3), 99, 207, or ilirror of P. (1838), 
 vol. 3, pp. 2157, 2219, 2263. 
 
 ^ May, 100, Cushing, p. 252. For recent English cases of libels on mem- 
 bers individually and collectively, see : Carlisle Examiner, reflecting on 
 chairman of a committee, 150 H. Hans. (3), 1022, 1066, 1198, 1313, 1318, 
 1404 ; Pall Mall Gazette, reflecting on Irish members, 215 E. Hans. 530- 
 542 ; Mr. Lopes, member for Frome, reflecting on Irish members, (former 
 precedents are here cited,) 222 E. Hans. (3), 313-335 ; Mr. Evelyn Ashley, 
 member for Poole, attacking Dr. Kenealy. Mr. Disraeli and others 
 pointed out that the words complained of were not spoken in the House, 
 and that Dr. K. was not at the time a member, and consequently could 
 not raise a question of privilege. 222 E. Hans. (3), 1185-1204. 
 
 ' But many cases will be found in the old legislative records of Canada : 
 Isaac Todd and E. Edwards, Lower Can. J. (1805), 60, 64, 98, 118, 120, 156; 
 Mr. Cary, of Quebec Mercury, lb. 82, 88, 94 ; Ariel Bowman and E. V. 
 
PROCEEDINGS OF SELECT COMMITTEES. 241 
 
 In 1873 Mr. Blie Tass^, one of the translators in the service of 
 the House, was brought to the bar, and examined as to his con- 
 nection with an article in the Gourrier d'Ouatouais, reflecting on 
 certain members. He admitted he was the writer, and subse- 
 quently the speaker informed the House that Mr. Tass^ was 
 dismissed.' In the same session the House resolved that an article 
 in the St. John Freeman, of which Mr. Anglin, a member, was 
 editor, was a libel on the House and certain members thereof; but 
 no ulterior proceedings were takea as in the O'Connell case of 
 1838.' 
 
 Vn. Proceedings of Select Committees.— It is an old order of 
 parliament that " the evidence taken by any select com- 
 mittee of this House, and the documents presented to such 
 committee, and which have not been reported to the 
 House, ought not to be published by any member of such 
 committee or by any other person." ^ 
 
 As committees are generally open to the press and the 
 public, the House is now rarely disposed to press the 
 foregoing rule.' It is always within the power of a com- 
 mittee to conduct its proceedings with closed doors, and 
 
 Sparhawk, lb. (1823), 54, 89 ; E. Taylor (1832-3), 500, 501, 524, 528 ; W. 
 Lyon Mackenzie, Upp. Can. J. (1832), 33, 34, 35. 
 ' Can. Com. J. (1873), 133-4 ; Pari. Deb. 66-67. 
 
 2 Can. Com. J. (1873), 167-169; Pari. Deb. 80-84. An amendment was 
 proposed that it was not advisable to interfere with the freedom of the 
 press, but it was negatived. In the session of 1878 a Mr. Preston, one of 
 the sessional clerks, was suspended for writing a letter in a newspaper 
 reflecting on Mr. White, of E. Hastings ; the attention of the speaker 
 was privately directed to the matter, and he acted immediately after 
 making the necessary inquiry through the clerk of the House- Can. Hans. 
 (1878), 2369. 
 
 3 21st April, 1837, E. Com. J. 
 
 * Times and Daily News, 1875, for publishing proceedings before select 
 committee on foreign loans. Mr. Disraeli and others took the ground 
 that, though a breach of privilege had been committed, yet it was inad- 
 visable to act rigidly in the matter, since the printers appeared to have 
 acted only in the discharge of their duties in printing the proceedings of 
 a committee which were open to the public. The order for the attendance 
 of the printers was subsequently discharged. 223 E. Hans. (3), 787, 790, 
 793, 794, 795, 810, 1114, 1130, 1224. 
 16 
 
242 POWERS AND PRIVILEGES. 
 
 in that way prevent the hasty publication of its proceed- 
 ings until they are formally reported to the House.^ 
 
 Vm. The assaulting, threatening or challenging of Members.— 
 The assaulting, menacing, or insulting of any member in 
 his coming to or going from the House, or upon account 
 of his behaviour in parliament, is a high infringement of 
 the privileges of the House — in the words of the English 
 resolution "a most outrageous and dangerous violation 
 of the rights of parliament and a high crime and mis- 
 demeanour." ^ 
 
 It has also been resolved that " to endeavour to compel 
 members by force to declare themselves in favour of or 
 against any proposition then depending or expected to be 
 brought before the House," is a breach of privilege which 
 should be severely punished.' 
 
 The terms of these resolutions are intended to prevent 
 any outside interference whatever with m.embers in the 
 discharge of their duties.* They include challenges to 
 members.'' 
 
 i In the English order adopted in December, 1882, for the appointment 
 of two standing committees, it is provided that " strangers shall be admit- 
 ted, except when the committee shall order them to withdraw.'' S.O. xxii. 
 
 ^Ees. of April 12th, 1733; 22 E. Com. J. 115; 38 lb. 535, 537; 79 76. 
 483. Mr. Ure, a Canadian reporter, was reprimanded in 1850 by the 
 speaker, for nsing rude and offensive language to Mr. Christie, pp. 160, 
 164, Leg. Ass. J. In 1879 Mr. J. A. Macdonell insulted Mr. Huntington, 
 and attention having been called to the facts in the House, he was 
 ordered to attend at the bar, but in consequence of the lateness of the 
 session the order could not be served. Can. Com. J. 423, 436 ; Hans. 
 1980-2 ; 2044. The House, however, in the following session, dealt 
 with the matter. Can. Hans. (1880), 44, 182 ; Jour. 24, 58-9. 
 
 3 Res. of June 1st, 1780 ; 37 E. Com. J. 902. 
 
 ■'213. E. Hans. (3), 543, 560. In this case a letter was written by a 
 public official calling on a member to remain in the House on the third 
 reading of a particular bill ; but it was shown that, though the letter was 
 most objectionable, it did not really refer to members, but to persons out- 
 side, and.consequently no further action was taken after a letter in apology 
 had been read from the person whose conduct was arraigned. 
 
 5 38 E. Com. J. 535, 537 ; 74 E. Hans. (3), 286. Can. Leg. Ass. J. (1854-5), 
 351,352,353. 
 
DISOBEDIENCE TO ORDERS. 243 
 
 IX. Disobedience to Orders of House. — The House has also 
 frequently decided that the following matters fall within 
 the category of breaches of privileges : 
 
 1. Disobedience to, or evasion of, any of the orders or 
 rules which are made for the convenience or efficiency of 
 the proceedings of the House.^ 
 
 2. Tampering with a witness in regard to the evidence 
 to be given by him before the House or any committee of 
 the House.^ 
 
 3. Assault or interference with officers of the House, 
 while in execution of their duty. ' 
 
 4. All attempts to influence the decision of a committee 
 on a bill or other matter before it for consideration.* 
 
 X, Attempts to bribe Members. — It is one of the standing 
 orders of the House of Commons of Canada as well as of 
 England : 
 
 " That the oifer of any money or other advantage to any mem- 
 ber of this House for the promoting of any matter whatsoever, 
 depending or to be transacted in parliament, is a high crime and 
 misdemeanour, and tends to the subversion of the constitution."^ 
 
 ■ 4 Lords' J. 247. 87 E. Com. J. 360 ; 88 lb. 218 ; 90 lb. 504 ; 91 lb. 338 ; 
 92 lb. 282. 134 E. Hans. (3), 452; 249 lb. 989. 
 
 ^ Sess- 0. ; May, 104. 12 E. Hans- (1), 461. In this case a clergyman 
 was ordered to be immediately taken into custody for tampering with a 
 witness in an inquiry before committee of the whole touching the conduct 
 of the Duke of York. Also 146 lb. (3), 97. 
 
 3 19 E. Com. J. 366, 370 ; 20 lb. 185. Low. Can. J. (1823-4), 113-4. 
 
 * In 1879 Mr. C. E. Grissell and Mr. J. Sandilands Ward were ordered 
 to attend at the bar for attempting to influence the decision of the com- 
 mittee on the Tower high level bridge (Metropolis) bill in the interest of 
 certain parties from whom they expected to receive some pecuniary 
 advantages for their services. Mr. Ward was ordered into custody and 
 subsequently released ; Mr. Grissell evaded the order, but was afterwards 
 arrested and imprisoned in Newgate. See 135 E. Com. J. 70, 73, 77. E. 
 Hans. vols. 247, 248, 249 for 1879. 
 
 ^ Eng. Res. of 2nd May, 1695. The English Commons have always 
 severely punished members for receiving bribes ; 9 E. Com. J. 24 ; 11 lb. 
 274 ; 5 Pari. Hist. 886-911, cases of Sir John Trevor, speaker, and others. 
 In 1873 a Mr. John Heney was brought to the bar of the Canadian House 
 
244 POWERS AND PRIVILEGES. 
 
 XI. Privileged Persons not Members — Both Houses will 
 always extend their protection and privilege to all persons 
 who are in attendance in obedience to the orders of the 
 House, or are engaged in business before the House or some 
 of its committees.' In many cases the House has given 
 orders that such persons having been arrested by process 
 from the courts of law, should be delivered out of cus- 
 tody.^ Precedents are found for the granting of this pro- 
 tection to persons attending to prefer or prosecute a private 
 bill or other business in parliament ; ^ or to the solicitor 
 of a party : * or to prosecute a petition ; ** or to claim a 
 seat as a member ; " or attending as a witness before the 
 House or a committee ; ^ witnesses as well as counsel have 
 been protected from actions of law for what they may 
 have stated before committees.* 
 
 It is also provided in the statute defining the privileges 
 of the two Houses of the Canadian parliament that, in case 
 a person is prosecuted for publishing any parliamentary 
 report or paper, either by himself or by his servant, pro- 
 ceedings can be stayed by his laying before the court a 
 certificate from the speaker or clerk of either House, as the 
 case may be, stating that such report or paper was pub- 
 lished under the authority of parliament. It is also 
 enacted that the defendant may, in a civil or criminal 
 proceeding for printing an extract from a parliamentary 
 
 on a charge of offering Mr. Cunningham, of Marquette, a sum of money 
 for his vote ; but no proceedings were taken, as parliament was suddenly 
 prorogued. Can. Com. J. 1873, 2nd sess., 134-9. 
 
 1 1 Lex. P. 380 ; 1 Hatsell, 9, 11, 172 ; 1 E. Com. J. 505 ; 2 lb. 107 ; 9 lb. 
 62 ; 13 lb. 521 ; 18 lb. 371 ; 21 lb. 247 ; 74 76. 223. 4 Lords' J. 143-4. ' 
 
 2 48 E. Com. J. 426. 
 
 •* 1 E. Com. J. 702, 863, 921, 924; 26 lb. 797 ; 27 lb. 447, 537. 88 Lords 
 J. 189 ; 92 lb. 75, 76. 
 
 *9E. Com. J. 472; 24 lb. 170. 
 
 5 2 E. Com. J. 72. « 39 lb. 83 ; 48 lb. 426. 
 
 ' 1 E. Com. J. 863 ; 8 lb. 525; 9 lb. 20, 366, 472; 12 J6. 304, 610. 
 
 8 11 E. Com. J. 591, 613; 100 lb. 672, 680, 697; 81 E. Hans. (3), 1436; 
 82 lb. (3), 431, 494. 
 
CONTEMPT AND COMMITMENT. 245 
 
 paper or report, give in evidence, under the general issue 
 or denial, sucli report, and show that the extract was 
 published bond fide, and without malice ; and if such shall 
 be the opinion of the jury, a verdict of not guilty may be 
 entered for the defendant.^ 
 
 XII. Punishment of a Contempt of the Privileges of Parliament.— 
 A contempt of the privileges of the House will be pun- 
 ished according to its character. In some cases the House 
 will not deem it necessary to proceed beyond an admoni- 
 tion or a reprimand, but occasions may arise hereafter, as 
 in the past, when it will be found necessary to resort to 
 the extreme measure of imprisonment.^ 
 
 Xni. Power of Commitment.— By the decisions of the Eng- 
 lish courts of law, it is clearly established that the power 
 of commitment for contempt is incident to every court of 
 justice, and more especially it belongs to the high court 
 of parliament ; * — that it is incompetent for other courts 
 to question the privileges of the Houses of Parliament on 
 a commitment for an offence which they have adjudged 
 to be a contempt of those privileges ; — that they cannot 
 inquire into the form of the commitment, even sup- 
 posing it to be open to objection on the ground of infor- 
 mality ; ^ — that when the Houses adjudge anything to be 
 a contempt or a breach of privilege, "their adjudication 
 
 ^ Supra, 235. These provisions are substantially those of 3 & 4 Vict., c. 
 9, Imp- Stat., rendered necessary by the famous case of Stockdale vs. Han- 
 sard, out of which a conflict arose between the courts and parliament as 
 to the privileges of the latter. This act, says May, " removed one ground 
 for disputing the authority of parliament, but has left the general question 
 of privilege and jurisdiction in the same uncertain state as before." See 
 chap. 6, May, for full details as to cases of conflict between courts and 
 parliament in matters of privilege. 
 
 'For latest case of imprisonment in Newgate, 249 E. Hans (3), 989. 
 
 ^ EUenborough, C. J., Burdett v. Abbott, 14 East 1. Can. Sup. Court E., 
 vol. ii., 177. 
 
 * Lord C. J. Abbott, re Hobhouse, 2 Chit. E. 207. 
 
246 POWERS AND PRIVILEGES. 
 
 is a conviction, and their conviction, in consequence, an 
 execution." ^ 
 
 Sir Erskine May, having cited the various authorities 
 on this point, lays down the following broad principle : 
 
 " The power of oommitment, with all the authority which can 
 be given by law, being established, it becomes the keystone of 
 parliamentary privilege and contempt; and if the warrant recite 
 that the person to be arrested has been guilty of a breach of 
 privilege, the courts of law cannot inquire into the grounds of the 
 judgment, but must leave him to suffer the punishment awarded 
 by the Commons House of Parliament by which he stands com- 
 mitted." 2 
 
 Very many cases are recorded in the journals of the 
 legislatures of Canada, previous to ISBT, of the exercise by 
 those legislatures of the extreme power of commitment 
 for breaches of privilege. ^ Though doubts have always 
 been entertained as to the powers of those legislatures in 
 this particular, they never failed, when the occasion arose, 
 to assert what they believed to be privileges incident to a 
 legislative assembly. No cases have occurred since 1867, 
 of commitment by the dominion parliament for contempt. 
 The privileges, however, of the dominion Houses are ex- 
 ' pressly provided for in the act of union, and it is always 
 
 ' De Grey, C. J., in Brass Crosby's case, 19 Howell, St. Tr. 1137 ; 3 Wils. 
 188, 203. 
 
 ^ May, 82. It has even been decided that a person so committed can- 
 not be admitted to bail. 1 Wils. 200, Wright, J., in Murray's case. 
 
 ' Low. Can. J. (1817), 462, 476, 486, 502, Mr. Monk, for contempt, lb. 
 (1833), 528, Mr. Taylor, member, committed for attack on Speaker Papi- 
 neau, in Quebec Mercury. lb. (1835), 24, 29, 30, 56, Mr. Jessopp, Collector 
 of Customs, for not presenting certain returns on order of the house. Leg. 
 Ass. J. (1846), 119, 150, 156-7, W. Horton and T. D. Warren, for notreturn- 
 ing a commission issued by House. lb. (1849), 148, 282, 292, John Miller, 
 returning officer, for evading summons of House. See index of journals of 
 1854-5, under head of Legislative Assembly, for cases of returning officers 
 committed to gaol for misconduct at certain elections. Also Leg. Ass. J. 
 (1858), 439, 440, 441, 444, 446, 488, 505, 940, 945, returning officers guilty of 
 frauds. Leg. Ass. J. (1866), 257,263, Mr. Lajoie assaulting Mr. Dorion. A 
 motion to commit him was voted down. 
 
DURATION OF POWER OF COMMITMENT. 24*7 
 
 possible for them- to vindicate their rights in the most 
 ample manner. 
 
 XIV. Duration of Power of Commitment.— All persons who 
 may be in the custody of the serjeant-at-arms, or confined 
 in gaol under the orders of the House, must be released as 
 soon as parliament has been duly prorogued. Though 
 the party should deserve the severest penalties, yet " his 
 offence being committed the day before the prorogation, 
 if the House ordered his imprisonment but for a week, 
 every court would be bound to discharge him by habeas 
 corpus." ^ 
 
 XV. Procedure in case of a Breach of Privilege.— The House 
 will never proceed summarily against a person charged 
 with an offence against its authority or privileges, but 
 will give him an opportunity of defending himself.^ 
 Whenever a complaint is made against a person who is 
 not a member, the usual course is to make a motion that 
 the offending party or parties do attend at the bar of the 
 house at a fixed time.^ When the order of the day has 
 been read at the appointed time, and the serjeant-at-arms 
 has informed the House that the person summoned is in 
 attendance,* he will be called in and examined as to the 
 
 ' Lord Denman, in giving judgment in Stockdale vs. Hansard, 1839, 
 (283), p. 142, shorthand writers' notes. But a person, not suflBciently pun- 
 ished one session, may be again committed in the next until the House is 
 satisfied. 249 E. Hans. (3), 989. 
 
 ^ A person must be first examined to see whether he has been guilty of 
 contempt before ordering him into custody. 146 E. Hans. (3), 101-2 ; 
 247 Ih. 1875. 
 
 ^ 64 E. Com. J. 213 ; 82 lb. 395, 399 ; 113 lb. 189 ; 129 lb. 181 . 213 E. Hans 
 (3), 1543 ; 248 lb. 971, 1100 ; May, 107. Can. Com. J. (1873), 133 ; lb. 
 (1879), 423 ; lb. (1887), 121. Or in very aggravated cases he has been im- 
 mediatety ordered into the custody of the serjeant-at-arms. Can. Com. J. 
 (1873, 2nd. sess.), 135, 139. But it is more regular to examine him and find 
 whether he is guilty of an offence before taking him into custody. 146 E. 
 Hans. (3), 103-4. 
 
 * If the Serjeant report that the person cannot be found, the speaker will 
 be instructed to issue his warrant, Can. Com. J. (1873), 133. The serjeant 
 
248 POWERS AND PRIVILEGES. 
 
 offence of which he is accused. Then, he will be directed 
 to withdraw, and the House will consider whether he has 
 excused himself or whether he is guilty of the offence. If 
 the House come to the latter conclusion, he will be de- 
 clared guilty of a breach of the privileges of the House, 
 and ordered into custody.^ Or if it be shown that he is 
 innocent he will be discharged from further attendance.^ 
 The accused may be heard by counsel if the House think 
 fit to grant his prayer.' An offender may be discharged 
 at any time upon causing a petition, expressing proper 
 contrition for his offence, to be presented." Sometimes 
 the House may deem it most expedient to refer a com- 
 plaint to a select committee, and to stop all proceedings 
 until it make a report.^ If the examination of a person 
 before the House cannot be terminated at one sitting, he 
 
 or his deputy will serve the order on the person whose attendance is re- 
 quired, if he be within reach; otherwise, it may be sent by post to the 
 residence of the individual ; case of Mr. Macdonell, Can. Jour. (1879) 436. 
 Also Mirror of P. (1840), 720, case of Mr. Howard. If it be found he is 
 wilfully evading the order of the House, he will be sent for in custody of 
 the Serjeant. Mr. Howard, 95 E. Com. J. 30. Mirror of P. (1840), 722, 
 vol. XV. Also 21 E. Com. J. 705 ; May, 186. 146 E. Hans. (3), 98. Case 
 of Mr. Grissell in 1879, 248 E. Hans. (3), 1163. 
 
 1 113 E. Com. J. 192. 150 E. Hans. (3), 1066-1069. 
 
 2 113 E. Com. J. 193. 
 
 ^ Leg. Ass. J. (1852-3), 216, 313, 315. lb. (1854-5), 631, 639. No record 
 of counsel's remarks appears in the journals. Leg. Ass. J. (1854-5), 677, 
 &c. ; Can. Com. J. (1887), 187. 
 
 * Leg. Ass. J. (1858), 488, 945. 113 E. Com. J. 202-3. 248 E. Hans. (3), 
 1536, 1632. 
 
 ^ 112 E. Com. J. 232. 146 E. Hans. (3), 97. The reference to a committee 
 appears to be in cases where there is need of more inquiry, in order to 
 reconcile conflicting statements. It is no longer the practice to refer 
 breaches of privilege to committee of privileges, except the House think 
 it necessary, May, 106. In 1879 a question of privilege (Messrs. Ward 
 and Grissell for attempting to interfere with a select committee) was re- 
 ferred on the ground that there were essential facts which it was desir- 
 able for the House to know before dealing at once with the matter, but 
 strong objections were even then taken as to the necessity or expediency 
 of such a course. 247 E. Hans. (3) 1878-1886. 
 
SUSPENSION AND EXPULSION OF MEMBERS. 249 
 
 will be ordered to attend at a future time, or he will be 
 continued in the custody of the serjeant-at-arms. ^ 
 
 "When the offence is contained in a newspaper, the lat- 
 ter must be brought up and read at the table, and then 
 the member complaining must conclude with a motion 
 founded on the allegation that he has brought forward.^ 
 "When a member has reason to complain of a speech made 
 by another member outside the house, he must bring up 
 the paper, but he should previously, as a matter of cour- 
 tesy, give notice of his intention to the member com- 
 plained of, and ask him formally whether the report is 
 correct, before proceeding further in the matter.^ 
 
 XVI. Suspension and Expulsion of Members.— The right of a 
 legislative body to suspend or expel a member for what 
 is sufficient cause in its own judgment is undoubted. 
 Such a power is absolutely necessary to the conservation 
 of the dignity and usefulness of a legislative body."* In a 
 previous chapter " cases have been cited of the exercise of 
 the power of expulsion by the parliament of the dominion 
 as well as by the old legislatures of Canada, and conse- 
 quently it is only necessary here to make this brief refer- 
 ence to the subject. The minor punishment of suspension 
 is now generally reserved in the English house for aggra- 
 vated cases of contempt of the authority of the chair and 
 of wilful obstruction of the public business.'' 
 
 ^ Can. Com. J. (1873, 2nd session), 139. But in this case, it would have 
 been sufficient to have ordered him to attend, as no examination had been 
 made into the charge. 
 
 ^ 113 B. Com. J. 189. 185 E. Hans. (3) 1667. 219 lb. 394-6. 
 
 3 74 E. Hans. (3) 139 ; 222 lb. 1185 ; 236 lb. 542. 
 
 * ''The power to expel a member is not, in the British House of Com- 
 mons," says the eminent American commentator, Story, "confined to 
 offences committed by the paity as a member, or during a session of par- 
 liament, but extends to all cases where the offence is such as, in the judg- 
 ment of the House, unfits him for parhamentary duties." In the United 
 States Congress it requires the concurrence of two-thirds of the members 
 to expel an offending member. See Story, ss. 837, 838. 
 
 ° Chap, ii., s. 13. ® Chapter xii on debate, s. 25. 
 
250 POWERS AND PRIVILEGES. 
 
 XVII. Power to summon and examine witnesses.— Procedure — 
 The Senate and House of Commons have undoubtedly the 
 right, inherent in them as legislative bodies, to summon 
 and compel the attendance of all persons, within the 
 limits of their jurisdiction, as witnesses, and to order them 
 to bring with them such papers and records as may be 
 required for the purpose of an inquiry. 
 
 "When the evidence of any person is shown to be mate- 
 rial in a matter under consideration of the House, or a com- 
 mittee of the whole, a member will move that an order 
 be made for his attendance at the bar on a certain day. 
 In the Senate, as in the Lords, the order should be signed 
 by the clerk of the parliaments.^ In the Commons the 
 order is signed by the clerk of the House and served by 
 the Serjeant or his deputy when the witness is within or 
 near the city of Ottawa ; if not, he will be informed by 
 post or telegraph, or in special cases by a messenger.^ 
 
 When the order of the day for the attendance of a wit- 
 ness has been read in due form, he will be called to the 
 bar and examined in accordance with prescribed forms.* 
 
 When the witness appears at the bar * of the House, 
 each question will be written out and handed to the 
 speaker, who, strictly speaking, should read it to the wit- 
 ness ; but on certain occasions a considerable degree of 
 latitude is allowed for the convenience of the House, and 
 questions put directly by members have been supposed 
 to be put through the speaker.^ As a matter of correct 
 practice, when a member asks a question it should be put 
 
 ^ May, 472. The speaker signs in divorce cases. See chap. xxii. 
 
 '^ Same practice in the English House of Commons. lb. 472-3. 
 
 ^ Can. Com. J. (1874), 8, 10, 13, 14, 17, 18, 32, 37, 38. Pari. Debates in 
 Mail and Times, 1873, p. 38, show the procedure on such occasions. For 
 the latest case of examination see Can. Com. J. (1887) 187-93 ; Hans. 616 
 et seq. 
 
 * Members are examined in their places (Leg. Ass. J. 1847, p. 4) ; the 
 speaker in the chair; lb. p. 6. May, 485. The bar is down during the 
 examination of a witness not a member. lb. 484 ; 2 Hatsell, 140. 
 
 ^ 146 E. Hans. (3), 97. See Sen. Hans. (1882), 127. 
 
WITNJUSSES. 251 
 
 to the House ; and it being agreed to, the witness must 
 answer it distinctly and audibly, as soon as he has read 
 it.^ In case a member objects to a question on any 
 ground, he must state his objections, and the speaker 
 will decide.^ If the evidence of a witness cannot be 
 completed in one day, his further attendance will be post- 
 poned till a future time, and he will be ordered to attend 
 accordingly.^ 
 
 All the evidence given by a witness at the bar is printed 
 in the journals of the House with the names of the mem- 
 bers asking the questions/ 
 
 If a witness should be in custody of any officer of the 
 law, the speaker will be ordered to issue his warrant, 
 which will direct the said officer to bring the witness be- 
 fore the House at the time required.^ A witness who neg- 
 lects or refuses to obey the order of the House will be sent 
 for in custody of the serjeant-at-arms.^ Any person re- 
 fusing to obey this or any other order may be declared 
 guilty of a contempt of the House and brought before it in 
 custody that he may be dealt with according to its will 
 and pleasure.' Witnesses who refuse to answer proper 
 questions will be admonished and ordered to answer 
 them.^ If they refuse, they may be committed until they 
 express their willingness to answer.'' 
 
 A witness is always considered under the protection of 
 the House, and no insulting questions ought to be 
 
 ' Can. Hans. (1887), 627, 631, &c. Formerly it was the custom for one 
 of the clerks assistant to take down the answer and read it lo the House ; 
 but now that the House has an official staff of shorthand writers, any 
 answer can be obtained from the reporter in attendance and read, when 
 required, to the House. Can. Han. (1887), 633. 
 
 2 Can. Com. J. (1874), 10-13 ; 33-39. 76. (1887) 190- 
 
 ' n. (1874) 13. * lb. 10-13 ; lb. (1887) 190-193. 
 
 5 93 E. Com. J. 210, 353 ; 96 lb. 193 ; 97 lb. 227 ; 99 lb. 89. 
 
 " 35 26. 323 ; 95 lb. 59 : Mirror of P. (1840), vol. 15, p. 721 . 
 
 ' 106 E. Com. J. 48. 
 
 « 88 lb. 218 ; 12 E. Hans. (1), 450, 831. 
 
 " 90 lb. 501, 504. Cushing, pp. 379-394. 
 
252 PO WEEH AND PRIVILEGES. 
 
 addressed to him.^ On the other hand it is the duty of a 
 witness to answer every question in a respectful manner, 
 and should he not do so the usual course is for the speaker 
 to reprimand him immediately and to caution him to be 
 more careful in the future.' If the offence is clearly mani- 
 fest, the speaker can proceed at once to reprimand or cau- 
 tion the offender ; if not, the witness may be directed to 
 withdraw, and the sense and direction of the House may 
 then be taken upon the subject.' 
 
 In all matters touching its privileges the House may 
 demand definite answers to its questions ; but in case of 
 inquiries touching a breach of privileges, as well as what 
 may amount to crime at common law, the House, " out of 
 indulgence and compassionate consideration for the par- 
 ties accused," has been in the habit of telling them that 
 they are under no obligation to reply to any questions so 
 as to criminate themselves.* 
 
 In case it is necessary to change the time of attendance 
 of a witness, the order will be discharged or postponed, 
 and a new order made for his future appearance." 
 
 When the evidence of a witness is concluded for the 
 time being, he will be ordered to withdraw and remain in 
 further attendance if required.^ If his testimony be not 
 required the order will be read and discharged.^ Persons 
 desiring that witnesses may be heard in their behalf must 
 petition the House to that effect, and the House may, or 
 may not, as it thinks proper, grant the prayer.^ A witness 
 has been allowed the assistance of counsel when his evi- 
 dence may tend to criminate himself.' 
 
 1 11 Pari. Reg. 232, 233, 234 ; 13 lb. 232, 233. 
 
 2 11 E. Hans. (1), 662. Also Cav. Deb. Can. 170, 171. 
 
 ^ 9 E. Hans. (2), 75. 
 
 * 146 lb. (3), 101-2. 
 
 5 95 E. Com. J. 253 ; Can. Com. J. (1874), 17, 18. lb. (1891) June 8. 
 
 •■' Can. Com. J. [1874], 39. 
 
 ' lb. 18 ; lb. [1887], 193. » ^gg. j^gg_ j_ [1855], 656. 
 
 » Mr. Bell,'returning officer, Pari. Deb., 1873, p. 38 ; Jour., 70. 
 
PRIVILEGES OF LOCAL LEGISLATURES. 253 
 
 The experience of parliament has shown that in the 
 majority of cases, requiring mature deliberation and in- 
 quiry, select committees are the best tribunals for examin- 
 ing witnesses ; and accordingly it will be found, on re- 
 ference to parliamentary records, evidence is always taken, 
 whenever practicable, before committees. The procedure 
 in such cases is explained in the chapter devoted to the 
 functions of select committees.^ 
 
 XVin. Privileges of Provincial Legislatures.— The question of 
 the extent of the privileges of the legislative assemblies 
 of the provinces of Canada is not one within the scope of 
 this work, but those who wish to pursue the subject may 
 consult the authorities given in the notes, and particularly 
 the judgment of the supreme court of Canada in the case 
 of Landers vs. Woodworth. Mr.Woodworth, a member of 
 the house of assembly of the province of Nova Scotia, 
 on the 16th of April, 1874, charged the provincial secre- 
 tary of the day — without being called to order for doing 
 so — with having falsified a record. The charge was sub- 
 sequently investigated by a committee of the house, who 
 reported that it was unfounded. Two days later the house 
 resolved that in preferring the charge without sufficient 
 evidence to sustain it, Mr. Woodworth was guilty of a 
 breach of privilege. On the 30th of April, Mr. "Woodworth 
 was ordered to make an apology dictated by the house, 
 and, having refused to do so, was declared, by another 
 resolution, guilty of a contempt of the house, and requested 
 forthwith to withdraw until such apology should be made. 
 Mr. Woodworth declined to withdraw, whereupon another 
 resolution was passed ordering the removal of Mr. "Wood- 
 worth from the house by the serjeant-at-arms, who, with 
 his assistant, enforced the order and removed Mr. "Wood- 
 worth, who soon afterwards brought an action of trespass 
 
 ■• Chap. xvi. s. 9. For the practice with respect to divorce bills in the 
 Senate, see chapter xxii. on private bills. 
 
254 POWERS AND PRIVILEGES. 
 
 for assault against the speaker and certain members of the 
 house, and obtained a verdict of $500 damages. The 
 supreme court held, on appeal, affirming the judgment of 
 the supreme court of Nova Scotia, that the legislatiA^e 
 assembly of Nova Scotia, had, in the absence of express 
 grant, no power to remove one of its members for con- 
 tempt unless he was actually obstructing the business of 
 the house ; and Mr. "Woodworth having been removed from 
 his seat, not because he was obstructing the business of 
 the house, but because he would not repeat the apology 
 required, the defendants were liable. Chief Justice 
 Eichards, in the course of his opinion, stated that under 
 the practice in the English parliament or in the legislature 
 of Nova Scotia, so far as he was informed, the making, 
 by one member against another, of an unfounded charge 
 which has been inquired into by the house, does not 
 constitute a breach of privilege. If the subject-matter of 
 the inquiry turns out not to be true, there was no autho- 
 rity or precedent shown where a member can be charged 
 with being guilty of a breach of the privileges of the 
 house for so doing. If when the house thinks the inquiry 
 ought not to be made, and refuses to take it up, the mem- 
 ber persists in bringing it forward, so as to obstruct the 
 business of the house, it may be that he might then 
 become liable to the censure of the house, and if he 
 persisted in the interruptions unreasonably, he might, to 
 quote the words used in Doyle v. Falconer ^ " be removed 
 or excluded for a time, or even expelled." But the house, 
 having thought it a matter which required their atten- 
 tion, took it up and ordered an investigation, and after 
 that, he failed to see how they could properly declare that 
 what the member had done was a breach of their privi- 
 leges. Judge Ritchie, in delivering his opinion, said 
 that a series of authorities, binding on the court, clearly 
 established that the house of assembly of Nova Scotia had 
 
 ' L. B., 1 P. C. App., 328. Can. Sup. Court Rep. ii., 184. 
 
PRWILEGES OF LOCAL LEGISLATURES. 255 
 
 no power to punish for any offence not an immediate 
 obstruction to the due course of its proceedings, and the 
 proper exercise of its functions, such power not being an 
 essential attribute, nor essentially necessary for the exer- 
 cise of its functions by a local legislature, and not belong- 
 ing to it as a necessary or legal incident ; and that, 
 without prescription or statute, local legislatures have 
 not the privileges which belong to the House of Commons 
 of G-reat Britain by the lex et consuetudo Parliamenti. The 
 allegations and circumstances shown in the case in ques- 
 tion afforded, in his opinion, no justification for the 
 plaintiff's removal ; he was not then guilty of disorderly 
 conduct in the house, or interfering with or in any way 
 obstructing the deliberations or business, or preventing 
 the proper action of the house, or doing any act rendering 
 it necessary, for self-preservation or maintenance of good 
 order, that he should be removed.^ 
 
 The legislatures of Ontario and Quebec, immediately 
 after the confederation of the provinces, passed acts to 
 define their privileges and immunities.^ These acts gave 
 the respective houses such privileges, immunities, and 
 powers as are held by the Senate and House of Commons. 
 The Ontario act was considered ultra vires by the English 
 law officers, and consequently disallowed by the governor- 
 general in council.^ The same course was taken in the case 
 of the Quebec act.^ Subsequently other acts were passed 
 in the two legislatures defining the character and extent 
 
 1 Can. Sup. C. Rep. ii., 158-215. Kielly v. Carson (4 Moore P. C. C. 63) 
 and Doyle v. Falconer (L. R. 1. P. C, App. 328) were commented upon by 
 the court and followed. The learned chief justice cited these and other 
 cases bearing on the question, viz., Beaumont and Barrett (1 Moore P.C.C, 
 p. 59) ; Fen ton and Hampton (11 Moore, 347) ; Cuvillieri). Monro (4L.C.R., 
 146); Lavoie's case (5 L.C.R., p. 99); Dill v. Murphy (1 Moore P.C., 
 C.N.S., 487) ; ex parte Dansereau, Low. Can. Jurist, vol. xix. 210-248. 
 
 « Ont. Stat., 32 Vict., c. 3. Quebec Stat., 32 Vict., c. 4. 
 
 ' Sess. P., 1877, No. 89, pp. 202-12 ; Todd, Pari. Govt, in the Colonies, 365. 
 
 ' Can. Sess. P., p. 221. 
 
256 POWERS AND PRIVILEGES. 
 
 of their respective privileges.^ These statutes embrace 
 privileges claimed and enjoyed by English members of 
 parliament, such as freedom from arrest on civil process, 
 and other immunities set forth in this chapter. The 
 Ontario statute is more comprehensiA^e than the Quebec 
 act, but both are practically the same with respect to the 
 power to compel the attendance of witnesses, the produc- 
 tion of papers, and the protection of persons acting under 
 the authority of the legislature. These acts were left to 
 their operation, though their constitutionality in certain 
 respects was questioned by the dominion government.^ 
 However, the court of queen's bench, Quebec, decided 
 that the Quebec statute was within the competency of 
 the legislature.' The supreme court of Canada, in the 
 decision just mentioned, has also aihrmed the right of the 
 legislatures to pass statutory enactments conferring upon 
 themselves such powers and privileges as may be neces- 
 sary for the efficient discharge of their constitutional 
 functions.^ In 18*76, the Nova Scotia legislature passed a 
 statute conferring upon both houses the same privileges 
 as shall for the time being be enjoyed by the Senate and 
 House of Commons of Canada, their committees, and 
 members for the time being.^ The constitutionality of 
 this act was also questioned by the minister of justice, 
 but it was neither amended nor disallowed." In 18*74, a 
 Manitoba statute to the same effect was disallowed," but 
 subsequently another act was passed and left by the 
 dominion government to come into operation.* In 1890, 
 
 1 Ont. Stat., 39 Vict., c. 9, or chap. 11 Rev. Stat, of 1887. Quebec Stat., 
 33 Vict., chap. 5 ; Rev. Stat, of Quebec, Arts. 124-135. 
 
 2 Sess. P., 1877, No. 89, pp. 108-14, 201. 
 2 L. C. Jurist, vol. 19, p. 210. 
 
 *Sup. Court Rep., vol. ii. 158-215 ; Landers, et al. vs. Woodworth. 
 5 N. S. Stat., 1876, chap. 22 ; Rev. Stat., 5th series, c. 3. 
 « Sess. P., 1877, No. 89, pp. 110-114 ; Todd, Pari. Govt, in the Colonies, 
 469-470. 
 ' Man. Stat., 1873, c. 2. Sess. P., 1877, No. 89, pp. 44-47. 
 * Man. Stat., 1876, c. 12. Sess- P., 106-9. 
 
PRIVILEGES OF LOCAL LEGISLATURES. 257 
 
 the legislature of New Brunswick passed a short act 
 respecting its powers and privileges.^ The legislative 
 assembly of British Columbia has also passed similar 
 legislation.^ The legislature of Prince Edward Island 
 has also given itself the power of commitment in cases 
 of contempt or breach of the privileges of either house.' 
 The principle asserted in the judgment of the supreme 
 court, just cited, " whilst it does not debar the Crown 
 from interposing a veto upon an act which should attempt 
 to legalize unwarrantable claims, does in fact render it 
 diflB.cult to object to any powers, proposed to be conferred 
 by statute, that they exceeded the lawful powers and con- 
 stitutional competency of a legislature to grant." In this 
 respect the court " recognizes the possession in the pro- 
 vincial legislatures of a wider discretion than had been 
 heretofore allowed, either by the dominion government 
 or by the crown law officers in England." * 
 
 ' N. B. Stat, 53 Vict., c. 6. 
 
 2 Con. Stat, of B. C, c 22, ss. 76-84. 
 
 ' P. E. I. Stat., 53 Vict., c. 4, s. 110. 
 
 ' Todd, Pari. Gov. in the Colonies, 470-71. 
 
 17 
 
CHAPTER V. 
 
 RULES, ORDERS, AND USAGES. 
 
 I. Origin of the Rules, Orders, and Usages of tlie Senate and House of 
 Commons. — II. Procedure in Eevising Rules. — III. Necessity for a 
 strict Adherence to Rules. — IV. Sessional Orders and Resolutions. — 
 V. Use of the French Language in the Parliament and the Legislatures 
 of Canada. 
 
 I. Origin of the Rules, Orders, and Usages of the Canadian Parlia- 
 ment — The Senate and House of Commons regulate their 
 proceedings under certain rules, orders and usages, which 
 are derived, for the most part, from the practice of the 
 British Parliament. It will also be seen on reading this 
 chapter that Canadian legislatures have adopted, since 
 1792, the wise principle of referring in all cases of doubt 
 and perplexity to the procedure of the Imperial Parlia- 
 ment. But whilst Canadian parliamentary practice is 
 generally based on that of England, certain diversities 
 have grown up in the course of years ; and in some par- 
 ticulars the practice of the two Houses is not only simpler 
 and better adapted to the circumstances of the country, 
 but also calculated to promote the more rapid progress of 
 the public business. The great principles that lie at the 
 basis of English parliamentary law have, however, been 
 always kept steadily in view by the Canadian legisla- 
 tures ; these are : To protect the minority and restrain 
 the improvidence and tyranny of the majority, to secure 
 the transaction of public business in a decent and orderly 
 manner, to enable every member to express his opinions 
 within those limits necessary to preserve decorum and 
 
ORIGIN OF THE RULES. 259 
 
 prevent an unnecessary waste of time, to give full oppor- 
 tunity for the consideration of every measure, and to pre- 
 vent any legislative action being taken heedlessly and 
 upon sudden impulse.^ 
 
 It is true that the English House of Commons has, 
 since 1882, adopted very stringent rules which seem in 
 a considerable degree at variance with the old principles 
 of parliamentary procedure. The ddiure has been bor- 
 rowed from the French system, and other measures have 
 been formally taken with a view to prevent organized 
 obstruction. But these new orders which certainly 
 impose restrictions on freedom of speech, and give 
 increased power to the speaker, and to the majority, have 
 been forced on the House by a very exceptional, if not 
 revolutionary state of affairs. No systematic obstruction 
 has prevailed in the Canadian House of Commons, where 
 all parties continue to value those principles of English 
 procedure which seem the best strength of a parliament-, 
 ary system. Elsewhere the reader will find the new 
 English orders, not because they enter into Canadian 
 practice, but because they should appear, as a matter of 
 course, in a work of this character.^ 
 
 The history of the rules and orders, which now form 
 the basis of Canadian parliamentary practice, must be 
 gathered from the journals of the two Houses, since the 
 days when legislatures were first convened in Canada. 
 In the legislative councils of Upper and Lower Canada, 
 the rules were from the first based on the practice of the 
 House of Lords, as far as the constitution of the House 
 and the circumstances of a new country permitted ; and 
 the same course was pursued in 1841 by the legislative 
 council of United Canada,^ and in 1867-8 by the Senate, 
 whose standing orders now provide : 
 
 ' Hearn, Gov. of England, 555-8. 
 
 ^ See Appendix L. 
 
 3 Leg. C. J. (1841), 28. App. 2. 
 
260 RULES, ORDERS AND USAGES. 
 
 " 112. In all unprovided cases, the rules, usages, and forms of 
 proceedings of the House of Lords are to be followed." 
 
 The first action taken in the legislative assembly of 
 Lower Canada was in 1792, when the lieutenant-governor 
 sent a message recommending " the framing of such rules 
 and standing orders as might be most conducive to the 
 regular despatch of business." The House immediately- 
 adopted a code of rules based for the most part on those 
 of the Imperial Parliament.' The legislative assembly of 
 Upper Canada, which met for the first time at Niagara, 
 followed a similar course.^ The legislature of the united 
 Canadas also adopted a code in conformity with that of 
 the Imperial Parliament.' 
 
 Again, when the Parliament of the dominion met for 
 the first time, after the passage of the Union Act of 1867, 
 one of the first proceedings of the House of Commons was 
 necessarily to appoint a committee to frame rules for the 
 government of procedure in that House. The committee 
 subsequently reported the rules and standing orders 
 which now regulate the proceedings of the Commons, and 
 which are substantially those of the legislative assembly 
 of Canada."* Eule 120 now orders : 
 
 " In all unprovided cases, the rules, usages, and forms of the 
 House of Commons of the United Kingdom of G-reat Britain and 
 Ireland shall be followed." 
 
 n. Procedure in revising rules and orders.— Whenever it is 
 necessary to appoint a committee in the Commons to 
 revise the rules and standing orders of the House it is cus- 
 
 ' Christie's Low. Canada, i., 130, 139. In the journals of 1792 (vol. i. p- 
 48), we find the following entry : " Eesolved that a^the assembly of Lower 
 Canada is so constituted after the model and usage of the parliament of 
 Great Britain, it is wise and decent and necessary to the rights of the 
 people, as well as to the interests of the Crown, that this house follow and 
 observe, as nearly as cirawmstances will admit, the rules, orders and usages 
 of the Commons House of Parliament." Also pp. 26, 86, 124, &c. 
 
 ^ Upp. Can. J. (1792), in MS. in the Parliamentary Library. 
 
 " Leg. Ass. J. (1841), 29, 40, &c. 
 
 ' Can. Com. J. (1867-8), 5, 16, 43, 115, 125, 133. 
 
\REVISING RULES. 261 
 
 tomary to place it under the direction of Mr. Speaker, the 
 motion being: 
 
 "That a special committee of members be appointed to 
 
 assist Mr. Speaker in revising the rules of the House, &c." ' 
 
 When this committee has reported, its proceedings will 
 be ordered to be printed,^ generally i^ the votes and pro- 
 ceedings ^ ; and after some time has been given to mem- 
 bers for the consideration of the proposed changes, the 
 House will resolve itself into a committee of the whole on 
 the report. When the rules or amendments to the rules 
 are reported from the committee, they must be formally 
 concurred in like any other resolutions ; and when that 
 has been done they regulate the procedure of the House.* 
 All the rules and standing orders are printed from time 
 to time in a small volume, which in some cases also in- 
 cludes the British North America Act, 186*7, and acts in 
 amendment thereof.'' 
 
 In the Senate it is also the practice to refer the question 
 of revising the rules to a select committee." In 1815 Mr. 
 Speaker Christie was authorized by that House to examine 
 during the recess the rules and forms of proceedings and 
 suggest to the House at the next session such amend- 
 ments as he might deem advisable.^ The speaker's re- 
 port with a draft of the proposed amended rules, was 
 
 1 Can. Com. J. (1867-8), 16, 133. lb. (1876), 58- 
 
 ■^ lb. (1867-8), 43. 
 
 ' lb., 1876, March 6 ; V. and P. All the rules were printed (with the pro- 
 posed amendments in brackets) in a convenient form before they were 
 considered in a committee of the whole- The rules and standing orders 
 as amended in committee of the whole and adopted by the House, should 
 be given in the journals ; 108 E. Com. J., 756, 770, 791 ; Can. Com, J. (1867- 
 8), 115. This was neglected in 1876, though several amendments were 
 made in committee of the whole. In the English House, when an order 
 is to be repealed, it is first read and then rescinded; the new standing 
 orders will next be proposed and agreed to ; 182 E. Hans. (3) 603. 
 
 * Can. Com. J. (1867-8), 115-125. lb. (1876), 216. 
 
 = Can. Com. J. (1867-8), 133. 
 
 « Sen. J. (1867-8), 60. ' Senate J. (1875), 256. 
 
262 RVLES, ORDERS AND USAGES. 
 
 submitted and referred to a select committee in the early- 
 part of the session of 1876. This committee reported cer- 
 tain amendments to the speaker's draft, which were con- 
 sidered on a future day. The report was adopted with 
 some modifications and amendments. It is not the prac- 
 tice therefore for the Senate to go into committee of the 
 whole on amendments to the rules.^ By the 111th rule 
 of that House, the British North America Act, 1867, all 
 acts in amendment thereof, as well as the commission 
 and royal instructions to the governor-general, are print- 
 ed in a book with the rules for the convenience of the 
 members. 
 
 m. Necessity for a strict adherence to rules.— Each house is 
 bound by every consideration of self-interest and justice 
 to observe strictly its rules and standing orders, and to 
 rebuke every attempt to evade or infringe them.^ The 
 political party which controls the House to-day may be in 
 a different position to-morrow, and is equally interested 
 with the minority in preserving the rules of the House in 
 all their integrity. " So far the maxim is certainly true, 
 and founded on good^sense," says Hatsell, " that as it is 
 always in the power of the majority by their numbers to 
 stop any improper measures proposed on the part of their 
 opponents, the only weapons by which the minority can 
 defend themselves from similar attempts from those in 
 power, are the forms and rules and proceedings which 
 have been found necessary from time to tim.e, and are be- 
 come the standing orders of the House, by a strict adhe- 
 rence to which the weaker party can alone be protected 
 from those irregularities and abuses which these forms 
 were intended to check, and which the wantonness of 
 
 1 Sen. J. (1876), 23, 119, 168. Also (1867-8) 143. 
 
 ' See eulogy on Parliamentary Law in Hearn, Gov. of England, 555-8. 
 Bentham, certainly an impartial' critic, " recognizes, in this bye-corner, 
 the original seed-plot of English liberty." 
 
ADHERENCE TO RULES. 263 
 
 power is but too often apt to suggest to large and suc- 
 cessful majorities." 
 
 Consequently the Senate and House of Commons never 
 permit their rules and standing orders to be suspended, 
 unless by unanimous consent ; but they may be formally 
 amended or repealed on giving the notice required in the 
 case of all motions.^ The Senate,^ like the House of Lords, 
 has standing orders on the subject : — 
 
 " 17. No motion for making any ordei- of the Senate a stand- 
 ing order can be adopted, unless the senators in attendance on 
 the session shall have been previously summoned to consider the 
 same. 
 
 " 18. No motion to suspend, modify, or amend any rule or 
 part thereof, shall be in order, except on one day's notice in 
 writing, specifying precisely the rule or part of rule proposed to 
 be suspended, modified or amended, and the purpose thereof.^ 
 But any rule may be suspended without notice by the consent of 
 the Senate,* and the rule proposed to be suspended shall be pre- 
 cisely and distinctly stated; and no motion for the suspension of 
 the rules upon any petition for a private bill shall be in order, 
 unless the same shall have been recommended by the committee 
 on standing orders." ° 
 
 The proceedings of the two Houses of Parliament are 
 regulated by statute, by rules and orders adopted by them- 
 selves, and by those usages which have grown up in the 
 course of time and consequently become a part of their 
 own practice, or are derived from the common law of 
 parliament by which, as we have just seen, they have 
 consented to be guided in all matters of doubt. A statute 
 
 1 80 E. Hans.{3),158 ; 182 lb. (3), 591 ; 224 lb. 48, 164. Can.Com. J. (1867-8) 
 144. Remarks of Sir J. A. Macdonald, Can. Hans. (1878), 3-4. Can. Com. 
 J. (1877), 111, 268 ; 227 (R. 1 and 19 suspended); lb. (1883), 128, decision 
 of Mr. Speaker Kirkpatrick ; Mr. Speaker Ouimet, 15th June, 1887, Hans. 
 1001. 
 
 ' Min. of P. (1867-8), 111 ; lb. (1869), 107; Jour. 69. Deb. (1878), 292. 
 
 ^ Sen. Hans. (1882), 705-6. Min. of P. (1883), 359, 363 ; Jour. 276. 
 
 * Sen. Hans. (1882), 103. " 
 
 * See Commons standing orders respecting private bills No. 55. 
 
264 RULES, ORDERS AND USAGES. 
 
 regulation supersedes and cannot be abrogated by any 
 order of the House to which it applies/ For instance, on 
 one occasion Mr. Speaker Oockburn pointed out the 
 fact : — 
 
 " The constitutional rule contained in the 54th section of the 
 Imperial Act is one that, being a,bsolutely binding, should be 
 neither extended nor restrained by implication, but should, at all 
 times, be most carefully observed by the House. Consequently 
 unless the governor-general first recommends any vote or motion 
 for the appropriation of public money, it cannot be received by 
 the House." ^ 
 
 An express rule or order of the House, whether standing 
 or occasional, supersedes every mere usage or precedent. 
 But in the absence of an express rule or order, what can 
 or ought to be done by either House of Parliament is best 
 known by the custom and proceedings of parliament. 
 The unwritten law of parliament in such a case has as 
 much effect as any standing order.^ It must also be borne 
 in mind that in the interpretation of the rules or standing 
 orders the House " is generally guided, not so much by 
 the literal construction of the orders themselves as by the 
 consideration of what has been the practice of the House 
 with respect to them." " 
 
 IV. Sessional Orders and Resolutions, — The House passes, in 
 the course of every session, certain orders or resolutions, 
 which are intended to have only a temporary effect on its 
 proceedings, or to regulate the business of the session. 
 These orders generally relate to the times of adjournment, 
 the arrangement of business, or the internal economy of 
 the House, or to the presentation of certain papers in sub- 
 
 1 Gushing, sec. 790. 
 
 " Can. Com. J. (1871), 72 ; lb. 50. 
 
 ^ Cushing, p. 311 ; 4 Hatsell, preface ; 229 E. Hans. (3), 1625, (Mr. S, 
 Brand) ; 4 Inst. 15 ; 1 Black Com. 163. Opiimus legum interpres consuetvdo, 
 2 Rep. 81, Coke on Litt. 186 o, note ; Sedgewick, 255. 
 
 * Mirror of P. 1840, vol. 16, p. 1108-9. 
 
SESSIONAL ORDERS AND RESOLUTIONS. 265 
 
 sequent sessions.' Up to the session of 18*76, certain re- 
 solutions relative to the offer of money to members were 
 formally proposed and agreed to at the commencement of 
 every session, but when the rules were revised that year, 
 these resolutions were placed among the permanent 
 orders.^ Though resolutions strictly expire with the ses- 
 sion in which they are adopted, there are certain resolu- 
 tions and orders, concerning matters of order and prac- 
 tice, which have been observed as binding without being 
 renewed in future sessions. In such a case it is the 
 practice of the speaker to call attention to the resolution, 
 and to give the House another opportunity of consider- 
 ing whether the resolution should continue to be ob- 
 served.'' 
 
 V. The Use of the French Language. — The use of the French 
 language in the proceedings of the legislature has, from 
 the earliest days of the parliamentary history of Canada, 
 received the sanction of custom and law. At the first 
 session of the legislative assembly of Lower Canada, it 
 was resolved that no motion should be debated or put to 
 the House, unless it was first read in English and French. 
 As the speaker of that day, Mr. Panet, was not well con- 
 
 ' Can. Com. J. (1867-8), 59, 80, &c. lb. (1877), 111, 227, 258 ; lb. (1882), 
 55; J6. (1883), 51 etc. 
 
 'Can. Com. J. (1876), 110; supra, 243. Still renewed every session in 
 England ; Jour, for 1877, pp- 3-4. The order relative to votes and pro- 
 ceedings, however, was to be renewed every session (Can. Cum. J., 1877, 
 p. 12 ; 129 E. Com. J., 8) ; but this was not done in 1878 and 1879, and 
 now it has a place among the standing orders, though there is nothing on 
 the record to show how it came there. 
 
 ^ May, 194, 268 ; Mr. S. Brand, p. 79 Eep. of Com. on Public B., 1878. 
 Exclusion of strangers, 227 E. Hans. (3), 1420 ; 240 lb., 478 ; 131 E. Com. 
 J., 79, 348. Mr. Speaker Anglin's attention was called in 1878 to the fact 
 that a resolution of 1874 relative to the management of the refreshment 
 rooms of the house was not carried out. He said, after some remarks 
 from several members, that he would at once renew his orders in ac- 
 cordance with the wish of the House as expressed in the resolution. Can. 
 Com. J. [1874], 14. Private MSS. of present author, March 5, 1878. 
 
266 RULES, ORDERS AND USAGES. 
 
 versant with English, it was subsequently resolved that 
 in all cases when the speaker could not speak both Eng- 
 lish and French, " he should read in either of the two 
 languages most familiar to him, while the reading in the 
 other language should be by the clerk or his deputy at the 
 table." It was also decided to have the journals and bills 
 printed in English and French. Every member had a 
 right to introduce a bill in his own language, but it was 
 then the duty of the clerk to have it translated.^ The 
 rules then adopted, it will be seen a little further on, 
 are substantially those which now regulate the procedure 
 of the parliament of Canada. 
 
 When the two provinces of Canada were united under 
 one Parliament, it was provided by the 41st section of the 
 Act of Union, ^ that the journals and the legislative re- 
 cords, of what nature soever, shall be in the English 
 language only, and though translations might be made, 
 no copy of them could be kept among the records or be 
 deemed in any case to have the force of an original re- 
 cord. This law naturally created great dissatisfaction 
 among the French Canadians, and it was finally repealed 
 by the Imperial Parliament after an address to the queen 
 had been passed by both houses.^ 
 
 By the 133d section of the British North America Act, 
 1867, it is expressly provided : 
 
 " Either the English or the French language may be used by 
 any person in the debates of the Houses of the parliament of 
 Canada and of the Houses of the legislature of Quebec ; aud both 
 these languages shall be used in the respective records and jour- 
 nals of those Houses 
 
 The acts of the parliament of Canada and of the legislature 
 
 ' Christie's Lower Canada, i., 132-4 ; Low. Can. J. [1792], 92, 100, 148, 
 &c. The journals were printed with corresponding pages in the two lan- 
 guages. 
 
 ■' 3 and 4 Vict., c. 35. 
 
 3 11 and 12 Vict., c 56, s. 1, Imp. Stat. ; Leg. Ass. J. [1845], 289, 290, 
 300, 305, 317. 
 
USJE OF THE FRENCH LANGUAGE. 267 
 
 of Quebec shall be printed and published in both these lan- 
 guages." 
 
 And by rule 33 of the House of Commons, it is ordered : 
 
 " When a motion is seconded, it shall be read in English and 
 
 French by the speaker, if he be familiar with both languages ; 
 
 if not, the speaker shall read the motion in one language, and 
 
 direct the clerk to read it in the other before debate." 
 
 And rule 93 provides : 
 
 " All bills shall be printed before the second reading in the 
 French and English languages." 
 
 These rules are always strictly observed in the House 
 of Commons. It is the duty of one of the clerks at the 
 table in both Houses — for though the Senate ' has no 
 standing orders on the subject, yet it is governed by 
 custom and law — to translate all motions and documents 
 whenever it may be necessary. The votes and journals 
 of both Houses, and all bills and sessional papers, are in- 
 variably printed in the two languages. 
 
 Provision is also made by law for the use of the French 
 language in Quebec^ and in the Northwest Territory.^ 
 The act providing for the government of Manitoba also 
 enacted that either French or English " may be used in 
 the debates " of the legislature ; that both those languages 
 " shall be used in the respective records and journals ; " 
 and that either " may be used in any pleading or process " 
 in the courts. * In 1890 the legislature passed an act 
 providing that English shall be the official language of 
 
 iSee Eeport of Select Committee, Sen. J. (1877), 114, 136, 208, 256; 
 Deb. (1884), 66, 67. 
 
 2 B. N. A. Act, 1867, s. 133 ; supra, 267. Quebec Leg. Ass. Eules, 33, 93. 
 
 ^ 43 Vict., c. 25, s. 94 ; Eev. Stat, of Can. c. 50, s. 110. In the session of 
 1890 a long debate took place on a proposition to repeal this section, and 
 provide for the use of English only in the legislature and courts, but the 
 House rejected a motion to that effect, and passed one in favour of allow- 
 ing the assembly of the Territories to regulate their own proceedings. 
 Can. Hans. (1890), 38, 532, 877, 1018. 
 
 * Dom. Stat. 38 Vict., c. 3., s. 23. 
 
268 RULES, ORDERS AND USAGES. 
 
 the province, " any statute or law to the contrary not- 
 withstanding." ^ 
 
 ^ Man. Stat., 53 Vict, c. 14. In the report of the minister of justice 
 allowing this act to go into operation, it is pointed out that the most satis- 
 factory method of testing its efficiency is to bring the question of its vali- 
 dity before an authoritative legal tribunal. See Toronto Empire, April 7, 
 1891, for summary of report. 
 
CHAPTER VI. 
 
 MEETING, PROROGATION, AND DISSOLUTION ' OF PARLIA- 
 MENT. 
 
 I. Meeting of Parliament— II. Proceedings in the Senate.— III. Election 
 of Speaker of the Commons.— IV. Consideration of the Speech.— 
 V. Proceedings in Sessions subsequent to the first.— VI. Prorogation.- 
 VII. Effect of Prorogation.— VIII. Dissolution. 
 
 I. Meeting of Parliament. — The summoning, prorogation, 
 and dissolution of Parliament in Canada are governed by 
 English constitutional usage. Parliament can only be 
 legally summoned by authority of the Crown ; ' but the 
 British North America Act of ISB*? provides, with respect 
 to the dominion of Canada, that " there shall be a session 
 once at least in every year, so that twelve months shall 
 not intervene between the last sitting of the parliament 
 in one session, and its first sitting in the next session." ^ 
 A subsequent section also provides that " every House of 
 Commons shall continue for five years from the day of 
 the return of the writs for choosing the House — (subject 
 to be sooner dissolved by the governor-general) — and no 
 longer." ^ Apart, indeed, from statutory enactments, the 
 practice of granting supplies annually renders a meeting 
 of parliament every year absolutely necessary.^ Parlia- 
 ment is summoned by the queen's proclamation, by and 
 
 1 2 Hatsell, 296. 
 
 2 Sec. 20, B. N. A. Act, 1867. 
 
 ' Sec. 50, lb. See appendix M. for statement showing average duration 
 of each Parliament since 1867. 
 * May, 44. 
 
STO MEETING OF PARLIAMENT. 
 
 with the advice of the privy council.' It is the practice 
 to prorogue parliament for intervals of forty days, and 
 when it is the intention to assemble the two Houses, de 
 facto, the proclamation will require senators and members 
 of the House of Commons to appear personally : 
 
 " For the despatch of business, to treat, do, and act, and conclude 
 upon those things which in our said pai-liament of Canada, by 
 the common council of our said dominion, may by the favour of 
 Grod be ordained." '' 
 
 The Parliament of Canada meets as a rule in the winter 
 months. The first session was held in November, 186*7, 
 and adjourned to March, 1868. In 1869, 18*72, and in 
 1891 (after a general election) the Houses assembled in 
 April ; in 1873 and 18*74, in March ; in 1873 there was a 
 special session in October, on account of ministerial diffi- 
 culties. In 1880 the Houses assembled in February, and 
 again in December, to consider the Canadian Pacific Rail- 
 way contract. The practice in other years has been to 
 assemble in January or February,' and in view of the 
 general sentiment of the House, it is understood that 
 parliament will be summoned as soon as possible after 
 the commencement of the year.^ 
 
 II. Proceedings in the Senate. — At the opening of a new 
 parliament, the senators will assemble in their chamber 
 at the hour appointed ; and after prayers, if there is then 
 a speaker, it will be his duty to present to the House the 
 usual communication from the governor-general, inform- 
 
 1 Jour. (1867-8), i-x., etc. 
 
 ■' See different proclamations which appear at commencement of Jour- 
 nals of Senate and House of Commons. Also appendix at end of this 
 work for text of proclamation for a meeting for business. 
 
 ■^ See address moved by Mr. Brown in the legislative assembly of 
 Canada, in 1853, declaring that the month of February was the most con- 
 venient period for the assembling of parliament. Jour. (1852-3), 660, 691, 
 750. 
 
 * See Can. Hans. 1885, Jan. 30 (Mr. Blake, 8) ; Ibid, 1886 (Mr. Blake, 8). 
 Also appendix M. to this work for dates of commencement and close of 
 each session since 1867. 
 
PROCEEDINGS IN THE SENATE. 271 
 
 ing them of the hour when he will proceed to open the 
 session. New members will, on this occasion, be admit- 
 ted and introduced. The House will then adjourn during 
 pleasure, and resume as soon as his Excellency or the 
 deputy-governor presents himself in the chamber.^ 
 
 In case there is a new speaker, as soon as the Senate 
 has met, the clerk will read the commission appointing 
 him, and then he will be conducted to the chair at the 
 foot of the throne by two prominent members — one of 
 them generally the leader of the government in the House 
 — the gentleman usher preceding.^ 
 
 The mace which lay before under the table, will now 
 be placed thereon,^' and prayers will be read by the chap- 
 lain. It is usual then to present certificates of the ap- 
 pointment of new members, and to have them formally 
 introduced. The House will next be informed of the hour 
 when his Excellency or the deputy-governor will come 
 down ; and the House will then adjourn during pleasure 
 or until that time. As soon as his Excellency or the 
 deputy governor is seated in the chair on the throne, the 
 speaker will command the gentleman usher of the black 
 rod to proceed to the House of Commons and ask their 
 attendance in the Senate chamber.^ The proceedings when 
 
 ' Sen. J. (1!>78) 15-17. lb. (1883) 1-23; lb. (1890) 1-13. The proceedings 
 at the opening, when there is a speaker, are the same as in the old legis- 
 lative council of Canada, when the speaker was also nominated by the 
 Crown. Leg- Coun. J. (18521 25-27. The proceedings in 1878 in the Senate 
 were similar to those at opening of a new parliament as the Commons 
 had to elect a speaker. 
 
 ' Sen. Jour. (1879) 16 ; lb. (1880) 12 ; lb. (1891) April 29. 
 
 ' The late Mr. Fennings Taylor, for many years deputy clerk, informed 
 the writer that the mace used in the senate belonged to the old legisla- 
 tive council of Canada. On the night of the 25th April, 1849, when the 
 parliament building at Montreal was burned by the rioters, it was saved 
 by Edward Botterell, at that time a messenger, and subsequently a door- 
 keeper of the legislative council and senate. It was placed by him for 
 security in a neighbouring warehouse, and was found, when required, 
 quite uninjured. 
 
 ■'Senate J. (1874)11-17; lb. (1879) 15-19; 16.(1880)12-14; lb. (1887). 
 
212 MEETING OF PARLIAMENT. 
 
 the Commons present themselves at the opening of a new 
 parliament — or of a subsequent session — will be described 
 in a later page, where explanations are given of the Com- 
 mons' proceedings. 
 
 When the speaker is a new member, the clerk must 
 iirst present the usual return from the clerk of the crown 
 in chancery, and the former will then take the prescribed 
 oath with other new members who may be present. His 
 appointment as speaker will next be formally notiiied in 
 the manner just stated.^ 
 
 In case of the appointment of a new clerk, it is the duty 
 of the speaker to announce it to the Senate. The com- 
 mission will be read forthwith, and the clerk sworn at 
 the table The appointment of other crown officers 
 may also be announced at the same time.^ Whenever a 
 new speaker and a new clerk have been appointed, as in 
 ISBY, the commission of the former will be first read, and 
 he will take his seat in due form. The speaker will then 
 announce the appointment of the clerk, so that his com- 
 mission may go on the journals.^ 
 
 We may now take up the proceedings at the stage 
 where the speech has been duly delivered by the gover- 
 nor-general, and the Commons have returned to their 
 chamber. The speaker of the Senate, after the retirement 
 of his Excellency, and the introduction of a bill pro forma 
 will report the speech which will be ordered to be taken 
 into consideration immediately, or on a future day ; the day 
 following, should it be a sitting day, being generally 
 chosen. All the members present will then be appointed 
 a committee " to consider the orders and customs of the 
 
 3-8 ; lb. (1891) April 29. For proceedings in the Lords when a new chan- 
 cellor is appointed before the opening of a new parliament, see 194 E. 
 Hans. (3) 2-3. 
 
 ' Sen. J., 1867-8, Mr. Cauchon; 76., 1873, Mr. Chauveau; 26., 1887, Mr. 
 Plumb. 
 
 ^ lb- (1883) 1-20, appointment of clerk and masters in chancery. 
 
 » lb. (1867-8) 55. 
 
ELECTION OF SPEAKER. 273 
 
 House and ijrivileges of parliament." ^ "When the order of 
 the day for the consideration of his Excellency's speech has 
 been reached, two members will formally propose and 
 second the address in answer to the same. Grenerally, 
 two new members, whose political sympathies are in 
 accord with the policy of the government of the day, are 
 chosen for this purpose. The practice in the two Houses 
 with respect to the address was similar up to IStO,^ when 
 it was simplified in the Senate in conformity with the 
 latest practice of the House of Lords. It is now only 
 necessary to move the address directly, without going 
 through the formality of proposing a prior resolution as in 
 the House of Commons. "When the address has been 
 agreed to, it is ordered that it be presented to his Excel- 
 lency by members of the privy council who have seats in 
 the Senate.^ 
 
 III. Election of Speaker.— "When a new parliament meets 
 for the despatch of business, on the day appointed by pro- 
 clamation, the members of the Commons assemble in their 
 chamber at an hour of which they have been previously 
 notified by the clerk, for the purpose of taking the oath 
 and signing the roll containing the same. The clerk of 
 the crown in chancery is required to be in attendance on 
 this occasion at the table of the House and to deliver to 
 the clerk a roll containing a list of the names of such 
 members as have been returned to serve in the parliament, 
 then about to meet for the transaction of business.* The 
 
 ' Rule I. ; Jour. (1879) 22-23 ; Lords' J. (1877) 11. To this committee is re- 
 ferred every matter affecting the privileges of the House and its members. 
 In 1880, a senator made a charge against the official reporters and it was 
 referred to the committee, on a motion made not by him, but by two 
 other members. This was a new precedent, but nothing came of the refer- 
 ence as the senator in question had not asked for it and had consequently 
 nothing to submit. Sen. J. (1880) 139, 158 . Hans., 243-46, 267, 280. 
 
 2 Sen. J. (1867-8) 69-72. See infra, 283, note 4. 
 
 3 Sen. J. (1883) 35-36 ; lb. (1890) 9-11. Lords' J. (1877) 10, 11. 
 * Can. Com. J., 1867-8, 1873, 1874, 1879, 1883, 1887, 1891, p. 1. 
 
 18 
 
2*74 MEETING OF PARLIAMENT. 
 
 following oath will then be administered at the table by 
 certain commissioners (generally the clerk, the clerk- 
 assistant, serjeant-at-arms and law-clerk) appointed by 
 dedimus potestatem, as provided by the British North 
 America Act, 186*7 : 
 
 " I do swear that I will be faithful and bear 
 
 true allegiance to her Majesty Queen Victoria." ' 
 
 "When all the members present have been duly sworn, 
 they will repair to their seats and await a message from 
 the governor-general. It is generally customary, how- 
 ever, to swear in the members at a convenient time in 
 the morning, and then the members re-assemble a few 
 minutes previous to the hour at which his Excellency is 
 to come down to open parliament. The members being 
 all in their seats, and the clerk, with one or two assistants, 
 being in his place at the head of the table, the usher of 
 the black rod presents himself at the door of the Commons 
 and strikes it three times with his rod. He is at once 
 admitted by the serjeant-at-arms, and advances up the 
 middle of the house, where he makes three obeisances, 
 and says in English and French : 
 
 " Gentlemen, [or Mr. Speaker, in subsequent sessions] his Ex- 
 cellency the Governor-General [or the deputy governor] desires 
 the immediate attendance of this honourable House in the Senate 
 chamber."^ 
 
 The gentleman usher then retires, without turning 
 his back upon the House, and still making the cus- 
 tomary obeisances. The House will then at once pro- 
 ceed to the Senate chamber, ' where the members of 
 
 1 B. N. A. Act, s. 128 and 5th schedule. In the English Commons, the 
 speaker first takes the oath, and then the members. Consequently the 
 ceremony is attended with the proper solemnity, ilay, 204. In the 
 Canadian house, the ceremony is atteiided witli some confusion through 
 the eagerness of members to he sworn immediately. Pari. Deb., 1873, p. 1. 
 
 2 Can. Com. J., 1867-8, 1873, 1874, 1879, 1883, 1887, 1891, p. 1. Pari. Deb. 
 (1874). The procedure in such cases is similar to that of the English 
 Parliament. 
 
 ^Previous to the session of 1880 members generally preceded Mr. 
 
ELECTION OF SPEAKER. 2*75 
 
 the Commons will be informed by the speaker of the 
 Senate : 
 
 "His Excellency the governor-general [or deputy governor'!, 
 as in 1878 and subsequent sessions] does not see fit to declare the"'"' 
 causes of his summoning the present parliament of the dominion 
 of Canada, until a speaker of the House of Commons shall have 
 
 been chosen according to law, but to-morrow, at the hour 
 
 his Excellency will declare the causes of his calling this parlia^ 
 ment" [or sometimes, " the causes of calling this parliament will 
 be declared," in case a deputy governor is present].^ 
 
 The Commons having returned to their chamber, will 
 proceed at once to the choice of a speaker. The clerk 
 presides at these preliminary proceedings, and will stand 
 up and point to a member when he rises to speak. A 
 member will propose the name of some other member 
 then present in these words : " That do take the 
 
 chair of this House as speaker." This motion must be 
 duly seconded, and put by the clerk, and in case there is 
 no opposition, it will be resolved Nemine contradicenle 
 " That do take the chair of this House as speaker." 
 
 The clerk having declared the member in question duly 
 ■elected, his proposer and seconder will conduct him from 
 
 Speaker and officers, but at the commencement of that session arrange- 
 ments were made to give precedence to Mr. Speaker and prevent, if pos- 
 sible, confusion and difficulty in entering the Senate chamber. Precedence 
 •of members in the English House in going up to the Lords is determined 
 by ballot. E. Com. J. 1851, p. 439, 443, 445. May, 220. Also 118 Eng. 
 Hans. (3) 1940-2, 1946. Mirror of P., 1828, vol. i. p. 13. These references 
 will show how difficult it has also been found in England to arrange an 
 orderly procedure on such occasions. 
 
 1 Can. Com. J. (1873) 1, 2 ; lb. (1878) 1 ; lb. (1879) 1. Sen. J. (1873) 18 ; 
 lb. (1878) 17; lb. (1879) 19. Until the cause of summons has been form- 
 ally declared by the queen or her representative, neither House can pro- 
 ceed upon any business whatever. The speaker's election is the only 
 business which can be done, and that is no exception to the rule, since the 
 Commons receive express authority for performing tliis act, without which 
 the House of Commons is not completely organized. 2 Hatsell, 307, 327. 
 1 Todd, Pari. Gov., 405. The speaker of the Senate, however, is sworn 
 and takes his seat, and new senators are admitted as soon as the Senate 
 meet. Sen. Jour, (1879), 15-19. lb. (1887) 2-8 ; lb. (1891) April 29. 
 
2Y6 MEETING OF PARLIAMENT. 
 
 his seat to the chair, where standing on the upper step he 
 will " return his humble acknowledgments to the House 
 for the great honour they had been pleased to confer 
 upon him by unanimously choosing him to be their 
 speaker." ^ 
 
 In case there is opposition, and two or more candidates 
 are proposed, the clerk will continue to point to each 
 member as he rises, and then sit down ; and when the 
 debate is closed he will put the question first proposed ; 
 and if the majority decide in favour of that motion, the 
 speaker elect will be immediately conducted to the chair ; 
 but if it be otherwise, the second motion will be submit- 
 ted to the House ; and if it be resolved in the affirmative, 
 the member so chosen will be conducted to the chair in 
 the customary way? It is very unusual to divide the 
 House when only one member has been proposed, as was 
 the case in 18'78, but still some instances can be found in 
 the parliamentary history of England and Canada.^ It 
 has never been the practice in the Canadian or English 
 parliaments for a member proposed as speaker to vote for 
 his own election.* 
 
 ' Can. Com. J. (1867-8); lb. (1873); lb. (1874) ; lb. (1883). lb. (1887); 
 lb. (1891) 2. The person proposed should always be present, and' should 
 be properly a member upon whose seat there is no probability of a ques- 
 tion. 2 Hatsell, 217. For remarks of speaker on such occasions, see 21& 
 B.Hansard 10. Can. Pari. Deb. (1874) 1. Can, Hans. (1878) 12; lb, 
 (1883) 2. The English practice is a little different ; no question is put by 
 the clerk. 129 E. Com. J. 5. May, 200. 
 
 ^ May, 200. 90 E. Com. J. 5 ; 94 lb. 274. There are no cases since 1867 
 of more than one candidate being proposed for the chair, but many in- 
 stances can be found in the journals of the old legislative assembly. Leg. 
 Ass. J. (1848), 1, 2 ; lb. (1854-5), three candidates, Messrs. Cartier. Sicotte 
 and J. S. Macdonald. 
 
 ^ Mr. Speaker Wallbridge, 1863, 2nd session, Leg. Ass. See also Jour, 
 of 1852 and 1858. Hatsell, vol. ii. 218 n., gives some old cases from Eng- 
 ish parliampntary records. 
 
 * See for illustrations of Canadian practice : Low. Can, J. 1797, 1809, 
 1825, 1835. Can. Leg. Ass. J. 1844-5, 1848, 1852, 1854-5, 1858, 1862, 1863 (2 
 sess. Can. Com. J. 1878. In 1854 a candidate voted, but only after the 
 House had refused to accept him, and on a division for another member 
 
ELECTION OF SPEAKER. 2'7'7 
 
 In the Canadian House of Commons, the leader of the 
 government generally proposes the first candidate for 
 speaker, and another member of the cabinet seconds the 
 motion.^ In the English House, a private member is now 
 always chosen to make the motion, so that it may not 
 appear that the speaker is the "friend of the minister 
 rather than the choice of the House." ^ 
 
 It is usual for leading members on both sides of the 
 house, in England as in Canada, to congratulate the 
 speaker elect in approj)riate terms.^ Mention is always 
 made of this fact in the English, but not in the Canadian 
 journals.'' 
 
 When the speakerhas made his acknowledgments to 
 the House, the mace will be laid on the table, where it 
 always remains during the sitting of the House, while the 
 speaker is in the chair.^ Then the House adjourns until 
 
 proposed as speaker. Mr. Turcotte voted himself into the chair of the 
 Quebec Leg. Ass. in 1878. 
 
 ' Can. Com. J., 1867-8, 1873, 1874, 1878, 1879, 1883, 1887 and 1891. See 
 Can. Hans. (1878) 2. lb. (1883) 1 ; lb. (1887) 1-2 ; lb. (1891) 2-3. 
 
 2 May, 199-200 ; Opinion of Mr. Hatsell. See 129 E. Com. J. 5 ; 218 E. 
 Hans. (3) 6-14, 1874 ; when Mr. Brand was chosen spealcer on motion of 
 Mr. Chaplin anri Lord H. Cavendish. Also remarks of Sir J. A. Mao- 
 donald as to advantages of adopting the same practice in Canada. Can. 
 Hans. (1878), 2. 
 
 " 218 E. Hans. (3) 10, &c. Can. Pari. Deb. (1874) 1. 
 
 * 129 E. Com. J. 5. 
 
 '" Hatsell says : When the mace lies upon the table it is a House ; when 
 under, it is a committee. When it is out of the House, no business can be 
 done ; when from the table and upon the Serjeant's shoulder, the speaker 
 alone manages- Before the election of speaker, it should be under the 
 table, and the House cannot proceed to the election of a new speaker 
 without the mace. 2 Hatse.ll, 218. The mace remains in the custody of 
 the speaker until he resigns his office. It accompanies him on all state 
 occasions, see supra 212. The mace now in use belonged to the old legis- 
 lative assembly of Canada, and was carried away by the rioters on the 
 25th of April, 1849, when the parliament house was burned down at 
 Montreal, after the assent of the governor-general. Lord Elgin, to the 
 Rebellion Losses Bill. It was subsequently recovered, however, and was 
 lying on the floor of the hall when the assembly met on the 26th in the 
 Bonsecours market. Two of the gilt beavers were missing, having been 
 
2*78 MEETING OB PARLIAMENT. 
 
 the following day, or to sucli time as the governor-general 
 will formally open parliament. At the hour fixed for 
 this purpose the speaker will take the chair and read 
 prayers before the doors are opened.^ After which he will 
 await the arrival of the " black rod " who presents himself 
 in the manner previously described. "When that func- 
 tionary has delivered his message desiring the attendance 
 of the Commons, the speaker elect, with the House, .tvill 
 proceed to the Senate chamber, where he will acquaint 
 his Excellency that the House had " elected liim to be 
 their speaker, and will humbly claim all their undoubted 
 rights and privileges." On behalf of his Excellency, the 
 speaker of the Senate will reply that " he freely confides 
 in the duty and attachment of the House of Commons to 
 her Majesty's person and government, and upon all occa- 
 sions will recognize and allow their constitutional privi- 
 leges, etc." ^ 
 
 The choice of speaker by the Canadian Commons, it will 
 be seen by the foregoing form, is not " confirmed " and 
 " approved " as ia the English house.^ In the old legis- 
 latures of Canada previous to 1841 the speakers always 
 presented themselves for, and received, the approval of 
 tha governors ; '' but a difficulty arose in 1827 in the legis- 
 lature of Lower Canada in consequence of the refusal of 
 Lord Dalhousie, then governor-general, to accept Mr. 
 Papineau as speaker. The assembly passed resolutions 
 declaring that the course followed by the governoi^gen- 
 eral was unconstitutional, inasmuch as the act of parlia- 
 ment under which the legislature was constituted " did 
 
 wrenched off by the rioters. The legislatures of Nova Scotia, New Bruns- 
 wick, and Prince Edward Island have never used a mace. See Canadian 
 Monthly for August, 1881, article by ilr. Speaker Clarke on the mace. 
 
 ' See chapter vii., s. 10. 
 
 ^ Sen. and Com. J. 1867-8, 1873, 1874, 179, 1833, 1887, 1891. For the for- 
 mula when a speaker is elected during a parliament and no reference to- 
 privileges is made, see Journals of 1878 ; also supra, 234. 
 
 ' 129 E. Com. J. 5 ; May, 201. 
 
 " Low. Can. Ass. J. (1792) 20;Upp. Can. Ass. J. (1792)5. 
 
ELECTION OF SPEAKER. 219 
 
 not require the approval of the person chosen as speaker 
 by the person administering the government of the prov- 
 ince in the name of his Majesty." The assembly also ex- 
 punged the proceedings from their journals, as had been 
 done by the English Commons in 16*78 in the famous case 
 of Sir E. Seymour.^ No compromise being possible under 
 the circumstances, the governor-general prorogued par- 
 liament. In a subsequent session, the choice of Mr. 
 Papineau, as speaker, was " approved " by Sir James 
 Kempt, who had succeeded Lord Dalhousie as governor- 
 general.^ The form of approval continued to be observed 
 in the legislatures of Upper and Lower Canada until the 
 union of the two provinces^ in 1841, when it was discon- 
 tinued in the first session of the parliament of Canada as 
 the act of union was silent on the point.'' In the legis- 
 latures of Nova Scotia, New Brunswick and Prince 
 Edward Island the lieutenant-goA^ernors continue as for- 
 merly to ratify the choice of the assembly ; ^ but in the 
 
 1 4 Pari. Hist. 1092 ; May, 203. 
 
 ^ Christie, iii. 142, 218. It appears tliat Mr. Papineau had reflected 
 very strongly in his addresses and manifestoes upon the governor-general- 
 lb. 140. 
 
 ^ The speaker, on these occasions, generally said : " It has pleased the 
 house of assenably to elect me as their speaker. In their name I there- 
 fore pray that your Excellency may approve of their choice." To which 
 the speaker of the legislative council replied : " I am commanded by 
 H. E. the governor-in-chief to inform you that he allows and confirms the 
 choice that the assembly have made of you as their speaker." Low. Can. 
 Ass- J. (1835) 21. It is interesting to note, however, that this formal 
 mode of confirming and approving the choice of speaker was not followed 
 in the first session of the first parliament of Lower Canada. On this 
 occasion the representative of the Crown simply stated that he had " no 
 doubt that the house had made a good choice." Low. Can. Ass- J. 
 (1792) 20. 
 
 ♦ 3 and 4 Vict, c. 35, s. 33. Leg. Ass. J. (1841) 2, 3. 
 
 5 N. S. Ass. J. (1883) 5, 6. N. B. Ass. J. (1879) 11, 12. P. E. L Ass. J. 
 (1877) 5. As far back as 1806, Sir John Wentworth, governor of Nova 
 Scotia, refused to ratify the choice of W. Cottnam Tonge as speaker by 
 the assembly, which body, while expressing regret at the use of a prerog- 
 ative long disused in Great Britain, acquiesced and elected Mr. Wilkins. 
 
280 MEETING OF PARLIAMENT. 
 
 legislatures of Ontario, Quebec, British Columbia and 
 Manitoba, no " approval " is given, the same form being 
 used in those bodies as in the parliament of the domi- 
 
 IV. Consideration of the Speech. — On returning from the 
 Senate chamber the speaker will resume the chair and — 
 the members of the Commons being all assembled in their 
 respective places — will inform the House that the usual 
 privileges had been granted to the House by the gover- 
 nor-general.^ 
 
 One of the first proceedings will be the presentation by 
 the speaker of reports of judges and returns of the clerk 
 of the crown in^chancery respecting elections. It is then 
 the invariable practice in the Commons, as in the Senate, 
 before the speaker reports the speech to the House, to 
 introduce a bill, and to move that it be read a first time, 
 only pro forma. This practice is observed in assertion of 
 the right of parliament to consider immediately other 
 business jbefore proceeding to the consideration of the 
 matters expressed in the speech.^ 
 
 It is then the practice for the speaker, standing on the 
 upper step of the chair, to report that " when the House 
 did attend his Excellency the governor-general this day, 
 his Excellency was pleased to make a speech to both 
 Houses of parliament, of which he had, to prevent mis- 
 takes, obtained a copy." The House rarely calls upon the 
 
 See " Lower Canada Watchman," which gives a list of precedents of 
 refusal of the Crown to accept speakers in England and her depen- 
 dencies. Also Murdoch's History, iii. 2.55. 
 
 ' Ont. Ass. J. (1880) 4 ; Quebec Ass. J. (1882) 3 ; B. C. Ass. J. (1872) 2 ; 
 Man. Ass. J. (1880) 6. 
 
 2 Can. Com. J. 1867-8, 1873, 1874, 1879, 1883, 1887, 1891, p. 3. 
 
 ' Low. Can. J., vol. 9, p. 30. Can. Com. J. (1867-8) 3, and all subsequent 
 sessions. 129 E. Com. J. 12. Sen. S. O. 1. ; Sen. J. (1867-8) 60, &c. May, 
 47,222. 2Hatsell, 82. The resolution of the 22nd March, 1603, orders 
 this procedure : " That the first day of every sitting, in every parliament, 
 some one bill, and no more, receiveth a first reading for form's sake." 
 
CONSIDERATION OF THE SPEECH. 281 
 
 speaker to read the speech, as printed copies are always 
 distributed immediately among the members ; but it is 
 entered on the journals as read.^ The premier, or other 
 member of government in his absence, will move that the 
 speech be taken into consideration on a future day, gen- 
 erally on the following day, if the House should meet at 
 that time.^ On some occasions, to suit the convenience 
 of the House, when important matters are to come up for 
 debate, and time is required for the consideration of cer- 
 tain papers, the speech is not taken up for several days.' 
 It may, however, be immediately considered — and this is 
 in accordance with the English practice — after it has been 
 reported to the House.* 
 
 When the speech has been ordered to be taken into 
 consideration on a future day, it is the practice to move 
 the formal resolution providing for the appointment of 
 the select standing committees of the House, and to lay be- 
 fore the House the report of the librarian, or other papers."^ 
 It is not deemed courteous to the Crown in the Canadian 
 houses to discuss any matter of public policy before con- 
 sidering the speech. In 18*78, Mr. Barthe introduced 
 a bill in reference to insolvency, but withdrew it in de- 
 ference to the wishes of the House until the address was 
 adopted." Of course circumstances may arise when the 
 
 ' Can. Com. J. (1877)10 ; lb. (1883) 15. If the speech is read, it is not 
 necessary that members stand uncovered, as it is only a copy, not an ad- 
 dress under the sian manual. Mr. Speaker Peel, 28 Oct., 1884. See infra, 
 chap. xii. s. 1. 
 
 ^ Can. Com. J. (1877) 10 ; lb. (1883) 14. 
 
 3 Can. Com. J. 1873, October sess., 119 ; matters relative to the Can- 
 adian Pacific Railway were then considered, and Sir J- A. Macdonald, 
 premier, resigned. 
 
 * 129 E. Com. J. 13 ; 237 E. Hans. (3) 7, 59. The practice in the Eng- 
 lish Parliament is invariable. In 1822 an attempt was made to defer 
 the consideration of the speech for two days, but without success. 
 Todd, ii. 362. 6 E. Hans. N. S. 27, 47 ; 72 lb. 60. 
 
 5 Can. Com. J. (1867-8) 5 ; lb. (1873) Oct. sess. 119 ; lb. (1878) 14 ; lb. 
 (1890) 6. 
 
 e Can. Hans. (1878) 18-19. 
 
282 MEETING OF PARLIAMENT. 
 
 House may consider it necessary to act otherwise.^ It is 
 not an unusual practice in the English Commons to ask 
 questions, move addresses for papers, and to present peti- 
 tions while the address is under consideration,^ and in the 
 session, when the debate has been prolonged, public bills 
 have been introduced and discussed on the motion for 
 leave before the address has been agreed to.* 
 
 When the clerk has read the order of the day for taking 
 into consideration the speech of the governor-general — or 
 as soon as the speech has been reported by the speaker, in 
 case it is immediately considered — a resolution will be 
 proposed for an address in answer. The government 
 choose two members to move and second the address, 
 generally two of the junior members.* In the English 
 Commons these members appear in uniform or full dress ; 
 but in the Canadian house this formality is very rarely 
 observed. This resolution is read and agreed to like 
 other resolutions.'^ Frequently the question is put separ- 
 ately upon each paragraph of the resolution.'^ When a 
 paragraph has been again read and the question proposed 
 by the chair, a general debate may take place on such par- 
 agraph ; ' or amendments may be proposed thereto.^ 
 
 ' 2 Hatsell, 308. 
 
 2 137 E. Hans. (-3) 156-158 ; E. Com. J. 1876. 2 Hatsell, 309 ; May, 
 48, 49. 
 
 3 266 E. Hans. 326, 342 ; 137 E. Com. J. 11, 16, &c. In 1889 Mr. Abbott 
 introduced in the Senate three government bills, mentioned in the 
 speech, before the address in answer thereto was considered. Objection 
 was taken to this departure from the ordinary course of procedure. The 
 bills were placed on the order paper for consideration subsequent to the 
 address. Sen. Deb. (1889) 4-6, 28-37. In the following session the usual 
 and convenient procedure was followed. 
 
 " Can. Hans. (1878) 29, 39, Sin J. Macdonald's and Mr. Masson's remarks. 
 
 » Can. Com. J. (1890) 8. 
 
 « Ih. (1867-S) 11 ; lb. (1873) October session. 126 ; lb. (1875) 56. 
 
 ' lb. (1867-8) 11 ; lb. (1870) 16 ; lb. (1878) 19-21. 
 
 * Ih. (1873) October session, 126, 128. In the English Commons amend- 
 ments may be proposed to any paragraph in the same form as amend- 
 ments to other questions, when the speaker has proposed the question 
 
CONSIDERATION OF THE SPEECH. 283 
 
 Members who have spoken on one paragraph may- 
 speak again on the question being proposed on a subse- 
 quent paragraph, which is obviously a distinct question.^ 
 
 "When the House has agreed to the resolution, it is re- 
 ferred to a select committee to prepare and report the draft 
 of an address now simply a formal proceeding.^ When 
 it is reported by the chairman, the members of the com- 
 mittee rise and stand uncovered, whilst the clerk reads 
 the first paragraph pro forma. The address is read a 
 second time and agreed to, and amendments may be 
 again proposed to any paragraph, ou the second reading 
 of the address ; but none may be moved after the ques- 
 tion has been put from the chair for agreeing with the 
 committee in the address.^ But no amendments are 
 now ever proposed at this stage ; they are always moA^ed 
 on the resolution for the address. As soon as the address 
 has been agreed to, it is ordered to be engrossed and pre- 
 sented to his Excellency by such members of the House 
 as are of the queen's privy council.^ The next proceeding 
 will be to move immediately that the House resolve itself 
 on some future day into a committee to consider of sup- 
 ply and ways and means. ° 
 
 It may not be inappropriate to observe here that of late 
 years there has been a disposition shown in the Canadian 
 as well as in the British Parliament to limit the debate 
 on the address as far as possible. The address is now 
 
 for agreement in the resolation. May, 223. 105 E. Com. J. 6 ; 129 76. 13 
 138 lb. 7, 10. 
 
 1 Pari. Deb. 1867-8. Remarks of Sir J. A. Macdonald as to tlie right of 
 Mr. Howe to address the House a second time. In the English House a 
 general debate may take place on every amendment moved to a parti- 
 cular paragraph. 102 E. Hans. (3) 74-2l9. 
 
 2 Can. Com. J. (1883) 18 ; 16. (1890) 8. 
 
 3 May, 224 ; 129 E. Com. J. 29. Can. Com. J. (1867-8) 15 ; lb. (1877) 17. 
 * 16. (1883) 20. In England since 1888, (S. 0., Feb. 29,) the stages of 
 
 committee and report on address have been discontinued. 
 ^ Can. Com. J. (1877) 18 ; lb. (1883) 20. 
 
284 MEETING OF PARLIAMENT. 
 
 framed in such terms as may avoid the necessity on the 
 part of the opposition of moving any amendment or open- 
 ing up a prolonged debate.^ It is felt that the questions 
 mentioned in the speech can be more conveniently dis- 
 cussed when the House is in full ]^ossession of all the in- 
 formation necessary to the consideration of any important 
 subject. Sometimes, however, theHousemay be called upon 
 to express its opinions at length, and to vote on an amend- 
 ment to the address, which involves the fate of the gov- 
 ernment of the day." But under ordinary circumstances 
 the desire is to pass the address with as little delay as pos- 
 sible, and to confine the debate to a general review of the 
 policy of the government, without taking up those speci- 
 fic subjects on which the necessary information is not yet 
 before the Houses;^ It is felt desirable, whenever prac- 
 ticable, to allow the address to pass without a division 
 and " be in point of fact the unanimous and respectful 
 expression of the deference with which the Houses re- 
 ceive the first communication of the session " from the 
 sovereign or her representative."' 
 
 But of course whilst there is a growing disposition on 
 the part of the Houses in Canada and England to limit 
 debate on the address, yet it is always open to any num- 
 ber of members to avail themselves of the great latitude 
 that they have at this stage of discussing public matters. 
 
 ' Can. Hans. (1875) Sir J. A. Macdonald, 12 ; Can. Hans. (1878) re- 
 marks of the premier, Mr. Mackenzie, 36. lb. (1879) 16. 232 E. Hans. 
 (3) 73, Marquess of Hartington. Mirror of P., 1831-2, pp. 27-29; 119 E. 
 Hans. (3) 13, 30. 
 
 ^Can. Com. J. (1873 October session), 126. In 1878 a very lengtliy 
 debate took place on the address. The tariff was one of the principal 
 topics of discussion, and the inconvenience of discussing it at that stage 
 was evident from the fact that the same subject came up again on the bud- 
 get. From 1879 to 1890 the debate commenced and ended on the same 
 day, generally before six o'clock p m. In 1891 the debate on the address 
 was continued from Friday to Monday when it ended before six p.m. 
 
 'Todd, ii. .363-365 ; 232 E. Hans (3) 45, 54, 56, 73. 
 
 * 144 E. Hans (3) 22-44. Lord Derby, and Earl of Clarendon. 
 
PROCEEDINGS IN SUBSEQUENT SESSIONS. 285 
 
 In the session of 1882, the address was debated in the 
 English House of Commons for several days, in fact even 
 to an inordinate extent,^ and the same has happened in 
 subsequent years ; but the sense of the House is obviously 
 opposed to these prolonged discussions, which are not 
 likely to occur except under such exceptional circumstan- 
 ces as have existed for some time past to complicate the 
 debates of the English Parliament. 
 
 V. Proceedings in subsequent Sessions — In sessions, subse- 
 quent to the first, the two Houses assemble at the time 
 appointed, with the speaker in the chair of each. Prayers 
 will be read in each house, and new members may be in- 
 troduced in the Senate in the manner described in chapter 
 two. The Senate will then adjourn during pleasure, 
 and, on resuming, the Commons will be summoned with 
 the usual formalities as soon as his Excellency the G-over- 
 nor-General has taken his seat on the throne. The Com- 
 mons being present at the bar, the governor-general will 
 open parliament with the usual speech, and the Commons 
 will then return to their house.^ Before the speaker has 
 announced the speech, it will be his duty to inform the 
 House immediately of any notifications of vacancies in the 
 representation, and to lay before it any returns, reports, 
 or papers relative to the election of members — all of which 
 must be entered on the journals.^ The speech will then 
 be taken up as in the manner previously described. 
 
 VI. Prorogation.— The proceedings at the prorogation of 
 parliament may now be briefly described. As soon as 
 the business of the two Houses is concluded, or so nearly 
 concluded that there can be no doubt as to the time of 
 prorogation, it is customary for the governor-general 
 
 ^ The debate commenced on the 7th. Feb. and did not close until- the 
 18th. 
 
 2 Sen. J. (1877) 13-18 ; Com. J. 1871, 1877, 1878, 1890, &c. 
 
 3 Can. Com. J. (1875) 1-52; lb. (1877) 1-9, &c. 
 
286 PROROGATION OF PARLIAMENT. 
 
 through his secretary, to inform the speaker of each House 
 that he will proceed to the Senate chamber at a certain 
 hour to close the session.' On the day, and at the hour 
 appointed, the two Houses assemble, and as soon as his 
 Excellency has taken his place on the throne the speaker 
 of the Senate will command the gentleman usher of the 
 black rod to proceed to the House of Commons and 
 acquaint that House : — " it is his Excellency's pleasure 
 they attend him immediately in this house." The ser- 
 jeant-at-arms in the Commons will announce the message 
 in the usual words : " A message from his Excellency, the 
 governor-general ;" and the speaker will reply : " admit 
 the messenger." The black rod presents himself in the 
 way already described, and informs the House : " I am 
 commanded by his Excellency the governor-general to 
 acquaint this honourable House that it is the pleasure of 
 his Excellency that the members thereof do forthwith 
 attend him in the Senate chamber." When the messenger 
 from the Senate has retired, the speaker will proceed with 
 the Commons to the Senate chamber, and take his proper 
 place at the bar. The clerk of the crown in chancery will 
 then proceed to read the titles of the bills, and when these 
 have been assented to, or reserved in the manner here- 
 after described,^ the speaker will make the usual speech 
 in presenting the supply bill, to which the royal assent 
 will be given in the prescribed words.' Then his Excel- 
 lency, the governor-general, will proceed to deliver the 
 speech customary at the close of the session. When his 
 Excellency has concluded reading the speech in the two 
 languages, the speaker of the Senate will say : " It is his 
 Excellency the governor-general's will and pleasure 
 
 ' Sen. J. (1878) 291 ; Ih. (1883) 282. Com. J. (1S70) 352 : lb. (1888) 435, 
 <&e. In 1886, the Houses were prorogued at half-past eight o'clock in the 
 evening of June 2 in order to meet the convenience of the governor- 
 general, — the hour is generally between three and four in the afternoon. 
 
 ^ See chap, xviii. on Bills, s. 25. 
 
 ' Chap. xvii. on Supply, s. 13. 
 
PROCEEDINGS IN THE SENATE. SSY 
 
 that this Parliament be prorogued until , to be 
 
 then here holden ; and this Parliament is accordingly- 
 prorogued until ." The Commons then retire, 
 
 and the session is at an end according to law.^ 
 
 At the end of a session, as we have just seen, the 
 speaker of the Senate announces his Excellency's will and 
 pleasure that parliament be prorogued, but subsequently 
 this is done in the " Canada G-azette," through the clerk 
 of the crown in chancery.^ The governor-general may, 
 however, with the advice of his council, summon parlia- 
 ment for the transaction of business at any time after the 
 issue of the proclamation of prorogation.' When parlia- 
 ment has been dissolved and summoned for a certain day, 
 it meets on that day for the despatch of business, if not 
 previously prorogued, without any proclamation for that 
 purpose, the notice of such meeting being comprised in 
 the proclamation of dissolution and the writs then issued/ 
 The governor-general will be always guided by British 
 constitutional practice with respect to the prorogation 
 and dissolution of parliament, and when he declines the 
 advice of his responsible ministers in such matters he 
 intimates that he has no longer confidence in them and 
 virtually dismisses them from his counsels/ 
 
 In old times of English parliamentary history, it was 
 not unusual for the Crown to signify its pleasure that 
 parliament should be adjourned till a certain day ; but 
 
 ' Sen. J. (1883) 292-98. Can. Com. J. (1883) 438-41, &c. In the case of 
 the Ontario legislature, it is not necessary for the lieutenant-governor to 
 name any day to which the same is prorogued, nor to issue a general 
 proclamation except when it has to be called together for the despatch of 
 business. Out. Eev. Stat-, c. 11, s. 5. 
 
 ^ See proclamations at commencement of Journals- Also " Canada 
 Oazette," 1867-91. 
 
 ^ Journals (1879) ix-x. 
 
 * May, 51. 
 
 ^ See reply of Lord Dufferin in 1873 to a deputation of members of par- 
 liament who called on him to prorogue the Houses contrary to the advice 
 of his privy council. Com. J. (1873), 2nd session, 31-32. 
 
288 PROROGATION OF PARLIAMENT. 
 
 even then it appears that the House did not think itself 
 bound to obey the sovereign's commands/ But no case 
 of this kind has occurred in England since 1814 ; ^ and 
 none can now ever arise under the constitutional system 
 which makes the ministry responsible for the acts of the 
 Crown. In Canada, such cases have never occurred. 
 When it is sometimes found necessary, as in 18*73, to have 
 a long adjournment, ministers must assume the responsi- 
 bility, and convince the House of the necessity of such 
 a course.^ 
 
 VII, Effect of Prorogation.— A prorogation necessarily puts 
 an end, for the time being, to the functions of the legisla- 
 tiAJ'e body, as an adjournment is a continuation from day 
 to day of the functions of each of its branches.* The legal 
 effect of a prorogation is to conclude a session ; by w^hich 
 all bills and other proceedings of a legislative character 
 depending in either branch, in whatever state they are at 
 the time, are entirely terminated, and must be commenced 
 anew, in the next session, precisely as if they had never 
 been begun.' In like manner a prorogation has the effect 
 of dissolving all committees, whether standing or select.^ 
 In the case of private bills, however, relief has been fre- 
 quently granted to the parties concerned in promoting or 
 opposing such measures, when a session of parliament 
 has been broiight to a premature close on account of the 
 exigencies of political conflict. This has been done by 
 the adoption of resolutions, permitting such bills to be 
 re-introduced in the following session, and by means of 
 pro formd and unopposed motions advanced to the stages 
 at which they seA^erally stood when the prorogation took 
 
 1 2 Hatsell, 317-321. May, 51. 
 
 » 49 Lords' J. 747 ; 69 E. Com. J. 132. 
 
 ' Despatch of Lord Dufferin ; Com. Jour. 1873, 2nd sess., 16. 
 
 * Cushing, sec. 519. 
 
 ° Hatsell, 335. May, 49. 1 Blaekst., 186. 
 
 « 5 Grey, 374 ; 9 Ih., 350. Can. Com. J. (1873, 2nd sess.) 16. 
 
DISSOLUTION. 289 
 
 place.^ Biit such a procedure is only justifiable under 
 circumstances of grave urgency, and in view of an abrupt 
 and premature termination of tlie session.^ The House of 
 Commons in England has never agreed to proposals that 
 have been sometimes made to give the statutory power 
 to either House of suspending a public bill, and resuming 
 it in the ensuing session at the precise stage where it 
 had been dropped.' 
 
 VIII. Dissolution,— Parliament was formerly terminated on 
 the demise of the Grown in Canada as in England.* The 
 legislature of Canada, in 1843, passed an act providing 
 that " no parliament of this province, summoned or called 
 by our sovereign lady the queen, or her heirs and suc- 
 cessors, shall determine or be dissolved by the demise of 
 the Crown, but shall continue to meet, notwithstanding 
 such demise.'"^ This act was re-enacted in the first ses- 
 sion of the parliament of the dominion of Canada." 
 
 Parliament may be dissolved at any time by the Crown, 
 under the advice and consent of the privy council. It is 
 the rule in Canada as in England, when it is intended 
 to dissolve parliament, first to prorogue it to a certain 
 
 1 Todd's Pari. Gov. in England, i. 388. 86 E. Com. J. (1831) part 2, 
 p. 525. Mirror of P. (1841) 2303, 2346 ; 144 E. Hans. (3) 2209 ; 153 lb. 1528. 
 1607. Leg. Ass. J., August sess. of 1863, pp. 91, 93, 282, 288; 1865, Jan. 
 sess., 226, 246. Todd's Private Bills, 62, 63. 
 
 nSOE. Hans. (3)692, 851. 
 
 ''Todd's Pari. Gov. in England, i. 388-401. 
 
 * The Leg. Ass. of Lower Canada, on 24th April, 1820, on death of Geo. 
 III. ; on August 30, 1830, on death of Geo. IV. In Queen Anne's reign the 
 rule that Parliament was ipso facto dissolved by the death of the sovereign 
 was relaxed, and it was permitted to sit for six months afterwards ; and 
 this restriction was swept away by the Reform Act of 1867, so that tho 
 demise of the Crown will in future have no effect whatever on the con- 
 tinuance of the parliament then in being (30 and 31 Vict., c. 102, s. 51). 
 Taswell-Langmead, 770. 
 
 = 7 Viet., c. 3, s. 1. Cons. Stat, of Canada, c. 3. 
 
 6 31 Vict., c. 22, s. 1 ; Eev. Stat, of Canada, c. 11, ss. 1, 2. Similar legis- 
 lation exists in all the provinces. 
 19 
 
290 MANNER OF DISSOLVING PARLIAMENT. 
 
 day ; and, then, at some intermediate period, to issue a 
 proclamation discharging the members of both Houses 
 from their attendance on that day, and formally dis- 
 solving parliament/ 
 
 'See Journals for 1873, 1874, 1879, 1883, 1887, 1891, at the beginning of 
 vols. The reasons of this old English usage, according to Hatsell (ii. 383), 
 are probably those suggested by Charles I in his speech, in 1628 : — "That 
 it should be a general maxim with kings, themselves only to execute 
 pleasing things, and to avoid appearing personally in matters that may 
 seem harsh and disagreeable.'' 
 
CHAPTER VII. 
 
 ORDER OF BUSINESS. 
 
 I. Days and Hours of Meeting. — II. Adjournment over Holidays and 
 Festivals. — III. Long adjournments. — IV. Decease of Senators and 
 Members. — V. Meeting at an earlier hour — Two sittings in one day. — 
 VI. — Protracted Sittings. — VII. Proceedings at six o'clock and half-past 
 seven p.m.^ VIII. Adjournment during pleasure. — IX. Quorum in both 
 Houses. — X. Prayers. — XI. Order of Daily Business. — XII. Calling of 
 Questions and Orders. — XIII. Arrangement of Orders. 
 
 I. Days and Hours of Meeting.— The Sexiate and House of 
 Oommons meet every day at three o'clock in the after- 
 noon, except on Saturdays.^ The Houses sometimes meet 
 on Saturdays, or at an earlier hour, towards the close of 
 the session, when the work of the committees is nearly 
 concluded, and there is a general desire to facilitate the 
 progress of public business. The leader of the ministry 
 in either House should always give notice of his intention 
 to ask the members to sit on Saturdays ; and the motion 
 should also state the order of business ; that is to say, 
 whether government or private measures are to have 
 precedence.^ 
 
 II. Adjournment over Holidays.— The Houses generally ad- 
 journ over certain statutory holidays and festivals, or 
 
 holy days observed by religious bodies. These days are : 
 
 ' Sen. E. 3, and Com. R. 1. See Can. Hans. (1887) 1270 (Mr. Mills.) 
 2 Can. Com. J. (1877), 227 ; lb. (1878), 188,220 (earlier hour). 
 
292 ORDER OF BUSINESS. 
 
 Ash-Wednesday ; ' Ascension Day ; ^ Corpus Christi ; * 
 Annunciation ; '' St. Peter and St. Paul ; ^ Grood Friday ; ^ 
 Easter Monday ; '' Queen's Birthday.* The House of Com- 
 mons has sat on Easter Monday, when it has been neces- 
 sary to close the business of the session expeditiously.' 
 It is the practice to make the following formal motion, in 
 case of a proposed adjournment, some time in the course 
 of the day before the speaker leaves the chair : " That 
 when this House adjourns this day, it do stand adjourned 
 
 till next."^" In 1872 the Houses adjourned over 
 
 the day appointed to give thanks for the recovery of the 
 Prince of Wales.^^ 
 
 Ill, Long Adjournments.— During the first session of the 
 parliament of the dominion, the Houses adjourned from 
 the 21st of December to the 12th of March, in order to 
 
 1 Can. Com. J. (1870), 31 ; lb. 1871, 1875, 1876, la77, 1878, 1879, 1881, 
 1885, 1886, 1890. 
 
 ' lb. 1869 ; lb. 1873 ; lb. 1878 ; lb. 1883 ; lb. 1885 ; lb. 1890. But the 
 Senate met on this day to close business, prorogation being arranged for 
 the following day. 
 
 ^ lb. (1869), 137. 
 
 * i6.-(1870), 107 ; lb. 1873; lb. 1878 ; lb. 1879 ; lb. 1880 ; lb. 1885 ; lb. 1890. 
 
 5 lb. 1885. 
 
 ° lb. (1870), 181, invariably every session. 
 
 ' lb. (1870), 196; J6. (1883), 147; also in 1885, 1886, and 1890. 
 
 «/&. (1869), 122 ; lb. (1872), 163 ; lb. (1883), 435. lb. (1891). The Se- 
 nate in 1883 met on the Queen's Birthday on account of the urgent state- 
 of the public business. The House adjourned during pleasure on the pre- 
 vious day and met on the Queen's Birthday by general consent. See 
 Hans. 657, 658. No entry consequently is made of the meeting on that 
 day. Jour. 288. 
 
 " The House'sat on Easter Monday in 1877 and 1878. 
 
 '" Can. Com. J. (1869), 122 ; lb. (1877), 25. In case it is decided not to 
 sit in the evening for some special reason, it is usual to make a formal 
 motion to the effect that " when Mr. Speaker leaves the chair at six 
 o'clock, the House shall stand adjourned until to-morrow (or another 
 day) at three o'clock." The speaker then, at sis o'clock, leaves the chair 
 without putting any question. Can. Com. J. (1880-1), 92; Gov.-Gen.'» 
 levee, Hans. 485 ; St. Patrick's day, 1885. 
 
 " Sen. J. (1872), 24 ; Com. J., 8. 
 
DECEASE OF MEMBERS. 293 
 
 give full opportunity to the government to consider and 
 complete all tlie measures necessary to the inauguration 
 of a new constitutional system. In such a case it is usual 
 for the governor-general to come down -on or before the 
 day of adjournment, for the purpose of assenting to all 
 the bills that have passed the two Houses.^ In 1873 the 
 Houses adjourned from the 12th of May to the 13th of 
 August, in order to receive the report of a committee 
 appointed by the Commons to inquire into certain matters 
 connected with the construction of the Canadian Pacific 
 Railway.^ There was a second session of parliament 
 during the autumn of the same 3'ear. Again in Decem- 
 ber, 1880, the Houses met for the purpose of considering 
 the contract for the construction of the Canadian Pacific 
 Railway, and adjourned from the 24th of the month to 
 the 4th of January, 1881. The Houses did not sit on the 
 Epiphany when they resumed business. 
 
 IV- Decease of Members. -It was the practice in the Senate 
 up to a very recent date always to adjourn the House 
 out of respect to a deceased senator ; but this is now 
 done only in exceptional cases.* The House adjourned, 
 for instance, on the death of Mr. Christie, formerly 
 speaker, and two senators were named to attend the 
 funeral.'' The Senate has also more than once adjourned 
 to show respect to the memory of a distinguished 
 member of the House of Commons.^ But though the 
 
 1 Can. Com. J. 1867, Dec. 21. ^ lb. (1873), 423, 48d, 437. 
 
 3 Sen. Deb. (1871), 6-8; lb. (1872), 14; JJ. (1873), 233-235, &c. Jour. 
 (1872), 29, &c. In the case of Senator Bourinot, one of the original mem- 
 bers of the Senate, who died during the session of 1884, the House ad- 
 journed. Hans. 33-34. 
 
 * Sen. Hans. (1880-8J ), 44-45 ; Jour. 39, 40. Upon this occasion Mr. 
 Scott referred to the practice of the Senate. When Speaker Plumb died 
 suddenly in the session of 1888, the Senate had adjourned for a fortnight ; 
 upon its re-assembling on the 13th March, the House was formally ad- 
 journed out of respect to his memory. 
 
 5 D'Arcy McGee, 1867-8. Sen. J. 213 ; Sir George E. Cartier, 1873, 
 Debates, 284 ; Jour. 306. 
 
294 ORDER OF BUSINESS. 
 
 Senate does not now adjourn under ordinary circum- 
 stances, a member may refer in appropriate terms to a 
 deceased senator.^ 
 
 It was formerly also the usage for the House of Com- 
 mons to adjourn when it was informed of the decease of 
 a member.^ In 1868, the House adjourned on the news of 
 the assassination of Mr. McGee, whilst on his way home 
 from the Commons.^ The House has also adjourned tO' 
 give an opportunity to members to attend the funeral of 
 some distinguished person, who was not at the time a 
 member/ The practice has been followed only in excep- 
 tional cases since 1871,'— that of Mr. Holton, a promi- 
 nent and respected member, in 1880 ; " that of Mr. "White, 
 minister of the interior, in 1888 : ^ that of Mr. Plumb, 
 speaker of the Senate, and an old member of the Com- 
 mons, in 1888 f that of Mr. Pope, minister of railways, 
 in 1889.^ In June, 1891, a state funeral was given the 
 great premier. Sir John Macdonald, and the Houses ad- 
 journed for several days.'" The expediency of adhering 
 to the practice of the English Parliament except under 
 extraordinary circumstances has been more than once 
 strongly urged by leading members on both sides of the 
 House." It is now usual in the Commons, when orders 
 
 1 Sen. Hans. (1880), 211 (death of Sen. Seymour). 
 '' Can. Com. J. (1870), 114, 175 ; Pari. Deb., 718. 
 3 Can. Com. J. (1867-8), 186. 
 
 * lb. (1869), 100 ; H. J. Friel, Mayor of Ottawa. 
 
 * Pari. Deb. 1872, p. 181 ; remarks of Sir J. A. ^Macdonald on the occa- 
 sion of the death of J. Sandfield Macdonald, who had himself urged a 
 change of practice in this particular. 
 
 « Can. Com. J. (1880), 137 ; Hans. 649. 
 
 ' Can. Com. J. (1888), 208 ; Hans. 962. 
 
 « Can. Com. J. (1888), 94 ; Hans. 124. 
 
 ' Can. Com. J. (1889), 218 ; Hans. 943, 1017. ^"Ib. (1891) June 8. 
 
 " Can. Hans. (1880-1), 223-4. See May 241-2. Both English houses ad- 
 journed after the assassination of Lord Cavendish and I\Ir. Burke ; 269 
 E. Hans. (3) 315, 319. Also in case of death of jMr- Wykeham Martin ia 
 the library of the House in 1878. 
 
PROTRACTED SITTINGS. 295 
 
 are called or at some other convenient time of the day, to 
 make some remarks on the decease of a member/ 
 
 V. Two Sittings on one Day— If it is intended to meet ear- 
 lier next day, a formal motion should be made previous 
 to the adjournment of the House, as in the case of holi- 
 days or church festivals.^ Sometimes the House adjourns 
 at six until half-past seven o'clock, in order to have two 
 sittings on the same day ; ^ in some cases, three distinct 
 sittings have been had on one day/ "When election com- 
 mittees met before the passage of the act providing for 
 the trial of controverted elections by the judges, the House 
 was frequently adjourned for a few minutes in order to 
 enable those committees to assemble in accordance with 
 law/ 
 
 VI. Protracted Sittings.— The House of Commons sits very 
 frequently after midnight, and when it does so the fact 
 must be recorded in the journals.^ It has been attempted 
 several times to limit the sitting of the House to a certain 
 hour every night, but the motion has been withdrawn 
 when leading members on both sides have shown that it 
 is practically impossible to carry it out on all occasions/ 
 In 1877, a sort of understanding was arrived at that the 
 House should adjourn at or near midnight, whenever it 
 could be done without interfering with the progress of 
 business before the House ; but even this understanding 
 could never be carried out/ In the old Canadian legisla- 
 
 iCol. Williams, 6th July, 1S85; Mr. Thompson of Haldimand, 19th 
 April, 18S6 ; Mr. Moffatt, 26th April, 1887 ; Mr. Perley of Ottawa, 1st April; 
 1890. 
 
 2 Can. Com. J. (1870), 226 ; lb. (1871), 221, 256, 275, 298 ; lb. (1878), 220 ; 
 lb. (1885), 675, 677, 
 
 ^Ib. (1867-8), 59, 80, 315; lb. (1878), 292. The same course has been 
 followed in the Senate. Jour. (1880), 234. 
 
 * Leg. Ass. J. (1866), 355. 
 
 5 Can. Com. J. (1867-8), 207, 218, 301. Cons. Stat. c. 7, s. 79. 
 
 « Can. Com. J. (1877), 98. lb.- (1878), 283, etc. 
 
 ' Can. Hans. (1877), 99-103 ; Ih. (1878), 393-5. ° lb. (1878), 393. 
 
296 ORDER OF BUSINESS. 
 
 ture the House sat in 1858 from three o'clock on the after- 
 noon of May 26 till six o'clock in the evening of the fol- 
 lowing day. On this occasion Mr. Speaker decided that 
 the orders of the 25th of May must be proceeded with 
 after three o'clock p.m. on the 26th of May, as there had 
 been no adjournment since the previous day, and no new 
 meeting of the House under the first rule.' In the fol- 
 lowing year, the House sat still louder, for nearly 39 
 hours, with two intermissions at six o'clock p.m. on each 
 day.- The House of Commons also sat from three o'clock 
 on Friday to six p.m. on Saturday evening, on the occa- 
 sion of an exciting debate with respect to the constitu- 
 tionality of the action taken by Lieutenant-Grovernor Letel- 
 lier de St. Just in the winter of 1878, when he dismissed 
 the de Boucherville ministry in the province of Quebec.^ 
 In the session of 1885, when the dominion franchise bill 
 was under consideration, the House sat from three o'clock 
 on Monday, April 2*7th, until after ten o'clock on Tuesday 
 night, April 28th, with the usual recesses from six to 
 seven p.m. It also had a remarkably protracted sitting — 
 the same question being under discussion — from three 
 o'clock p.m. on Thursday, April 30th, until the midnight 
 of Saturday, May 2nd, with an intermission at six o'clock 
 on each day,^ 
 
 The English parliament has occasionally met on Sun- 
 days, but only in cases of grave necessity.'^ On one 
 
 1 Speak. D. 28. Journals, 506-515. 
 
 ^ Seigniorial Tenure Eesolutions, April 14 and 15, 1859. 
 
 ^ April 12th and 13th, 1878. On this occasion the House was a scene of 
 great disorder ; the opposition being determined to debate the question 
 at length, despite the wish of the ministerial supporters to bring it to a 
 close. The sittings of 1858 and 1859 were also characterized by much 
 confusion and irrelevant debate. 
 
 * Can. Com. J. (1885), 343-353, 354-357. See also a long sitting on March 
 26-27, 1890. 
 
 ^ On the demise of the Crown, 13 E. Com. J. 782; 18 16. 3 ; 28 lb. 929, 
 933; 75 lb. 82, 89. Commonwealth period, 1641. The plot, 1678. 
 Reform bill, 18th December, 1831. Habeas corpus suspension act (Ire- 
 
AD JO VRNMENT D URINO PLEAS VRE. 297 
 
 occasion since 1867 the Commons of Canada sat over 
 Saturday until nearly one o'clock on Sunday morning.' 
 
 VII, Proceedings at 6 o'clock and half-past 7 p.m,— As soon as 
 six o'clock arrives during- a sitting, and it is intended to 
 continue business in the evening, the speaker leaves the 
 chair, and resumes it at half-past seven o'clock. The rules 
 of the two Houses on this point are the same . ^ 
 
 "If at the hour of six o'clock p.m., the business oftheHouse be 
 Bot concluded, the speaker shall leave the chair until half-past 
 seven." 
 
 No record is made of the fact in the journals, for the 
 mace is left on the table, and the House is considered still 
 in session. If the House is in committee of the whole, the 
 speaker takes the chair at six and makes the usual 
 announcement : " It being six o'clock, I leave the chair." 
 The speaker will take the chair at half-past seven o'clock, 
 and call on the chairman to resume. In case private bills 
 are fixed for the first hour after half-past seven (E. 19) 
 they must be first disposed of, and then the committee 
 resumes. ^ 
 
 VIII. Adjournment during Pleasure.— The Senate and Com- 
 mons also sometimes suspend a sitting during pleasure, 
 or with an understanding that they resume at a certain 
 hour. This is done constantly at the close of a session, 
 whilst one House is waiting for messages from the other.^ 
 As the House is technically in session — the mace being on 
 the table as at six o'clock — no entry is made of the fact in 
 the Commons journals ; '^ but it is always recorded in the 
 
 land), Feb. 18th, 1866 . The House sat into Sunday, on 3rd July, 1880, 
 and on several occasions since then. 
 
 ' Can. Com. J. (1870), 237 ; interest bill. 
 
 ^Sen. E.4; Com., 2. 
 
 3 Can. Com. J. (1874), 113 ; 76. (1878), 118-121 ; lb. (1883), 153, 223 ; lb. 
 (1886), 131, 133. 
 
 * Sen. J. (1867-8), 100, &c. See mpra, 292 n. (Queen's Birthday). 
 
 5 May, 241. 
 
298 ORDER OF BUSINESS. 
 
 Senate minutes.^ But every formal motion for adjourn- 
 ment — even for half an liour ^ — must be entered as well as 
 the time at which the House of Commons adjourns every 
 sitting after midnight.' 
 
 IX. ftuorum.— By the 35th and 48th sections of the British 
 North America Act, 186*7, it is provided that the presence 
 of at least 15 Senators and 20 members of the House of 
 Commons, including the speaker, shall be necessary to 
 constitute a meeting of either House, for the exercise of its 
 powers. Both Houses have standing orders on this matter. 
 Under the orders of the Senate, it is provided : 
 
 " 5. If thirty minutes after the time of meeting, fifteen senators, 
 including the speaker, are not present, the ^speaker takes the 
 chair, and adjourns the House till the next sitting day ; the names 
 of the senators present being taken down by the clerk." ^ 
 
 " 6. When it appears, during the sitting of the Senate, on notice 
 being taken that fifteen senators, including the speaker, are not 
 present, the senators who may be in the adjoining rooms being 
 previously summoned, the speaker adjourns the House as above, 
 without a question 'first put." 
 
 The standing orders of the House of Commons are as 
 follows : 
 
 " 1. The time for the ordinary meeting of the House is at three 
 o'clock in the afternoon of each sitting day ; and if at that hour 
 there be not a quorum, Mr. Speaker may take the chair and 
 adjourn." 
 
 " 4. Whenever the speaker shall adjourn the House for want of 
 a quorum, the time of the adjournment and the names of the 
 members then present, shall be inserted in the journal." 
 
 Accordingly when the attentionof the speaker has been 
 called to the fact that there is no quorum present, he will 
 
 1 Sen. J. (1877), 309. 
 ' Can. Com. J. (1870), 13. 
 
 3 lb. (1877), 237; lb- (1878), 224; lb. (1883), 317. 137 E. Com. J. 440. 
 * In the House of Lords, only three lords may constitute a quorum, 
 May, 235. 
 
PRAYERS. 299 
 
 proceed at once to count the House, and if there are not 
 twenty members present, including himself, the clerk 
 will take down the names, and the speaker will then 
 adjourn the House without a question first put until the 
 usual hour on the next sitting day.^ If it should appear, 
 after a division, that a quorum is not present, the House 
 should be adjourned immediately f but when it is found 
 in committee of the whole that twenty members are not 
 in the House, the committee must rise, and the chairman, 
 report the fact to the speaker, who will again count the 
 House, and when there is not a quorum, he must adjourn 
 the House forthwith ; while the House is being counted 
 the doors remain open and members can come in during 
 the whole time occupied by the counting.^ A " count 
 ovit " will always supersede any question that is before the 
 House ; and if an order of the day for stipply, or for the 
 reading or committal of a bill, be under consideration at 
 the time, and there is no quorum present, the House must 
 be asked at a subsequent sitting to revive the q uestion 
 that may have lapsed in this way.* A " count out " is of 
 constant occurrence in the Eaglish House of Commons ;* 
 but only one case has happened in the Canadian Commons 
 since 1867.^ 
 
 X. Prayers.— Like the old legislative councils of Canada, 
 the Senate have always opened their proceedings with 
 
 ^ Can. (^om. J. (1869), 243. A member may direct attention to the fact 
 while a member is speaking: Can. Hans., (1885), 1535; 164 E. Hans., 
 (3), 682. 
 
 ^ 23 E. Com. J. 700 ; 16. 845 ; 135, lb. 385. ' May, 237. 
 
 * 131 E. Com. J. 391, 329; forfeiture relief bill, ordered to be considered 
 on a future day. 235 E. Hans- (3), 203; 131 E. Com. J. 282-3, Com. of 
 supply. 137 lb. 18, 297, 306, 483. 
 
 ^ On Tuesdays and Fridays, sess. of 1873, 14 times ; Pari. P. 1873, vol. 
 53, p. 1. In 1882, 20 times ; Jour- vol. 137 
 
 ^ In 1869, Jour. 243. Several cases can be found in the journals of 
 the legislative assembly of Canada ( 1858), 231 ; (1861), 342 ; (1865, Aug- 
 Sess), 110 
 
300 ORDER OF B US IN ESS. 
 
 prayers, and a chaplain is appointed by the governor 
 general for that purpose/ He reads the prayers as soon 
 as the speaker takes the chair, and before his Excellency 
 presents himself in the chamber at the opening of parlia- 
 ment.^ 
 
 The old legislative assembly of Canada never com- 
 menced its proceedings with prayer;' and it was not 
 until the session of 1811 that steps were taken in the 
 Canadian House of Commons to follow the example of 
 the British House in this particular. On motion of Mr. 
 Macdonald of Toronto a committee was appointed to con- 
 sider the subject, and it reported a form of prayer which 
 appears in the appendix to this volume and is read by 
 the speaker every day before the opening of the doors. 
 The report,* which was adopted nem. con., recommends 
 that " the aforesaid form of prayer be read by Mr. Speaker 
 in the language most familiar to him." ^ Mr. Speaker 
 Elanchet read the prayers in English and French on alter- 
 nate days. 
 
 In accordance with English practice, at the commence- 
 ment of a new parliament, the speaker reads prayers on 
 the day following his election, and before the causes of 
 summons are announced.^ In subsequent sessions the 
 
 ^ Supra, 206. 
 
 ■' Sen. J. (1874), 13 ; lb. (1878), 15 ; lb. (1879), 16 ; lb. (1SS3), 13. The 
 clerk assistant has read the prayers in the absence of the chaplain. 
 
 ^ But the legislative assembly of Upper Canada had a chaplain who 
 read prayers daily, Upp. Can. J. (1792), 8. The P. E. Island, New Bruns- 
 wick and Nova Scotia legislatures have also had a chaplain for many 
 years. But in 1881 the speaker was authorized in the Nova Scotia as- 
 sembly to discharge the duties of chaplain and a form of prayer was 
 adopted, N. S. Jour. (1881), 5. In the New Brunswick assembly, prayers 
 are read by the speaker in the absence of the chaplain, E. 38. 
 
 * Can. Com. J. (1877), 26, 42. 
 
 ^ This was added at the instance of the French-speaking members of 
 the House. Hans. (1877), 95. 
 
 •i May, 204, 219 ; 121 E. Com. J., 9 ; 129 lb., 5. Can. Com. J. (1879), 2 ; 
 lb. (1883), 2. Mr. Anglin read prayers after his return from the Senate 
 chamber in 1878, when he was re-elected speaker. 
 
ORDER OF BUSINESS. 301 
 
 prayers are said as soon as the Commons meet in their 
 chamber, before going up to the Senate, in obedience to 
 the command of her Majesty's representative.^ In case of 
 a vacancy in the office of speaker during a session of par- 
 liament, prayers"are only read after the election of a new 
 speaker and before the House proceeds to the upper 
 chamber.^ 
 
 Xr. Order of Business —It will now be found most con- 
 Tenient to give some explanations of the manner in which 
 the business of the Houses is transacted every day. The 
 order of daily business after prayer in the Senate is as 
 follows, under rule 12 : 
 
 Presentation of petitions. 
 
 Reading of petitions. 
 
 Presenting reports of committees (not included in rule). 
 
 Notices of motions (this includes questions). 
 
 Motions (of which notice has been given). 
 
 Orders of the day. 
 
 Orders of the day for the third reading (rule 45), take 
 precedence of all others, except orders to which the Senate 
 may haA^e previously given priority. The orders (rule 13) 
 which, at the adjournment, have not been proceeded with, 
 are considered as postponed until the next sitting day, to 
 take precedence of the orders of the day, unless otherwise 
 ordered. The orders are taken in their regular order, 
 though government orders, by consent, are generally 
 allowed the precedence. 
 
 Motions and orders are generally allowed to stand in 
 the Senate when not taken up after being called. They 
 are rarely dropped in the absence, or without the consent, 
 of the' member who has them in charge. 
 
 1 May, 219 ; 137 E. Com. J., 1 ; Can. Com. J. (1882), 1. In 1880-1 it was 
 necessary to follow the precedent of 1878, on account of the early arrival 
 of the governor-general. 
 
 2 127 E. Com. J., 23, 24 ; election of Mr. Speaker Brand. 
 
302 OBDER OF BUSINESS. 
 
 In tlie House of Commons, as soon as the speaker takes 
 the chair, he calls the House to order, and then standing 
 up, proceeds to read the authorized form of prayer,' all 
 the members rising and remaining with their heads un- 
 covered until the prayers are concluded. Then the 
 speaker orders that the doors be opened, unless it is pro- 
 posed to discuss some matter of privilege or of internal 
 economy with closed doors. The routine business is next 
 taken up in the order prescribed by rule 19 : 
 
 Presenting petitions. 
 
 Reading and receiving petitions. 
 
 Presenting reports by standing and select committees. 
 
 Motions.'' 
 
 Introduction of Public Bills. ^ 
 
 The same rule also arranges the order of business, after 
 daily routine, on the following days : 
 
 Monday. 
 
 Pri^'ate bills. 
 
 Questions put by members. 
 
 Notices of motions. 
 
 Public bills and orders. 
 
 Government notices of motion. 
 
 Government orders. 
 
 Tuesday. 
 
 Government notices of motion. 
 Government orders. 
 Public bills and orders. 
 Questions put by members. 
 Other notices of motions. 
 Private bills. 
 
 '■ See appendix G. 
 
 ^ This includes motions for private bills which, being based on petition 
 reported on by committee on standing orders (infra, chap. xs. e. 4), re- 
 quire no notice. 
 
 ■' This proceeding is not included in Rule 19, but is a matter of prac- 
 tice, and intended to show the House that notice has been given of public 
 bills. See infra, chap, xviii. s. 3. 
 
CALLING OF QUESTIONS AND ORDERS. 303 
 
 Wednesday. 
 
 Questions put by members. 
 Notices of motions. 
 Public bills and orders. 
 
 (From half-past seven o'clock p.m.) 
 
 Private bills for the first hour. 
 Public bills and orders. 
 Government notices of motions. 
 Govei'nment oi'ders. 
 
 Thursday. 
 
 Questions put by members. 
 Public bills and orders. 
 Notices of motions. 
 Government notices of motions. 
 Government orders. , 
 
 Friday. 
 
 Government notices of motions. 
 Government orders. 
 Public bills and orders. 
 Questions put by members. 
 Other notices of motions. 
 
 (From half-past seven o'clock, p.m.) 
 Private bills for the first hour. 
 
 Each member of the Senate and House of Commons is 
 provided every day with a printed sheet, in which the 
 business of the day is arranged in accordance with the 
 rules and orders. In the Commons a special order paper 
 is printed for every sitting day ; in the Senate the bus- 
 iness of the day is stated at the end of the minutes of pro- 
 ceedings. 
 
 XII. Calling of Questions and Orders.— Until the session of 
 18*76, when the rules were amended, questions and notices 
 of motion were constantly allowed to stand in case mem- 
 
304 ORDER OF BUSINESS. 
 
 bers were absent or were not prepared at the moment to 
 proceed with them ; but great inconvenience and loss of 
 time resulted from so irregular a procedure/ and the con- 
 sequence was the adoption of the following rule : 
 
 " Questions put by members, notices of motions, and orders 
 (other than government notices of motions and orders), not 
 taken up when called, shall be dropped. Dropped orders shall 
 be set down in the Order Book, after the orders for the day for 
 the next day on which the House shall sit." 
 
 This rule isj now rigidly enforced. If a member is 
 absent when the speaker calls a question or notice of 
 motion which the former has put on the paper, it disap- 
 pears, and he must again give notice if he wishes to pro- 
 ceed with the matter.^ In case, however, of an order of 
 the day in the House of Commons, it will go on the 
 orders of the next sitting day, in accordance with usage. 
 In the Senate, if a bill on the order paper is called, and 
 no one moves in relation thereto, it is dropped, but the 
 member in charge has the right to move to restore it to 
 the paper without notice, but on that motion he cannot 
 discuss the subject-matter of the measure.' 
 
 XIII. Arrangement of Orders.— The orders of the day are 
 divided into " government orders " and " public bills and 
 orders." All government measures appear in the former ; 
 all motions and bills in the hands of private members 
 appear in the latter. The 24th rule regulates the order 
 in which such questions are to be taken up : 
 
 " All items standing on the orders of the day shall be taken 
 
 ^ Can. Hans. (1875), 1088. 
 
 2 Can. Hans. (1876), 907. lb. (1878), 393. It is usual, however, to per- 
 mit motions to remain on the paper, when the government desire it. 
 This understanding was arrived at by the committee who revised the 
 rules in 1876. Remarks of Sir J. A. Macdonald on Mr. Dewdney's 
 motion, Hans. (1878), 1638. Mr. Christie's motion in respect to the 
 observance of the Sabbath, February 24, 1879. Also Can. Hans. (1879), 
 1762-3. 
 
 " Mr. Speaker Allan, March 11th, 1890 (Gaelic Bill). 
 
ARRANGEMENT OF ORDERS. 305 
 
 up according to the precedence assigned to each on the Order 
 Book; the right being reserved to the administi'ation of placing 
 government orders at the head of the list, in the rotation in which 
 they are to be taken on the days on which government bills have 
 precedence." ^ 
 
 Public bills and orders are always taken up in their 
 regular order ; but it has generally been the practice to 
 call government orders according to the convenience of 
 ministers. It is, of course, open to any member to object 
 and enforce the above rule. ^ 
 
 As soon as an order of the day has been called by the 
 speaker, and read by a clerk at the table, the member 
 having charge of the bill or question, will make the 
 motion he proposes in reference thereto ; and no other 
 member has the right to interpose unless with his con- 
 sent.' When an order has been read, however, a petition 
 may be presented in connection with the subject under 
 consideration ; but not after a motion in relation thereto 
 has been proposed in due form.* 
 
 The following are the standing orders of the Commons 
 with respect to the arrangement of bills on the order 
 paper : 
 
 " 20. Orders of the day for the third reading of bills shall take 
 precedence of all other orders for the same day except ordei-s to 
 which the House has previously given priority." '' 
 
 " 21. Bills reported from committees of the whole House, with 
 amendments, shall be placed on the orders of the day, for con- 
 sideration by the House, next after third readings." 
 
 " 22. Bills reported after second reading from any standing or 
 
 ^ This is identical with the English S.O., No. xiv. See decisions of 
 Mr. Speaker Ouimet, Feb 21, 1889, when a member attempted to move 
 a bill out of its place ; also on April 1, 1889, when a member wished to 
 move a motion on the notice paper as an amendment to a question. 
 Can. Com. J. 214; Hans. 253. 
 
 ^ Can. Hans. (1875 j, 1088. lb. (1877), 842; Sir J. A. Macdonald. 
 
 2 May, 285 • 159 E . Hans . (3), 26 . 
 
 » 185 -ft., 1091-93. 
 
 ^ Also Sen. R.,45. 
 20 
 
306 ORDER OF BUSINESS. 
 
 select committee, shall be placed on the orders of the day follow- 
 ing the reception of the report, for reference to a committee of 
 the whole House, in their proper order, next after bills reported 
 from committees of the whole House. And bills ordered by the 
 House, for reference to a committee of the whole House, shall be 
 placed, for such reference, on the orders of the day following the 
 order of reference, in their proper order, next after bills reported 
 from any standing or select committee." 
 
 " 23. Amendments made by the Senate to bills originating in 
 this House, shall be placed on the orders of the day, next after 
 bills reported on by standing or select committees." 
 
 If a bill on the order paper is taken up and the debate 
 thereon adjourned, it does not go to the foot of the list of 
 the next day, but keeps the proper place on public bills and 
 orders to which it is entitled under the rules just cited, 
 with respect to the precedence of bills at different stages.^ 
 In this respect bills occupy a more favourable position 
 than motions, which, when the debate is adjourned on 
 "Wednesday or Thursday, go to the foot of the orders.^ 
 
 Sometimes towards the close of the session, bills reported 
 from select or standing committees are placed immediately 
 (by general consent only) on the order paper for considera- 
 tion in committee of the whole.' 
 
 The Houses frequently agree to give precedence to an 
 important question, and in that case a special order will 
 be made. For instance, the order for the second reading of 
 an insolvency bill on a particular day has been discharged. 
 
 ' Orders of the day, Mr. Charlton's Bill (No. 13), respecting adultery, 
 Ac, 20th and 21st March, ]883- The debate was adjourned on the ques- 
 tion for the consideration of the bill as ameijded ; and it was kept at the 
 head of the list, two bills for the third reading alone having precedence 
 under the 20th rule; Hans., 287. See also Representation of Terri- 
 tories Bill, Orders of the Day, 11th and 12th March, 1885 . 
 
 ^ Orders of the day, Mr. Casey's motion respecting a claim for gravel, 
 30th April and 1st May, 1883. Rule 27 regulates motions (infra, 311) ; 
 and Rules 20-23 inclusive give precedence to certain stages of bills. 
 
 » Can. Com. J. (1877), 188 ; lb. (1887), 289 ; this ought to be done on the 
 recommendation of the committee to which the bill was referred. 
 
PRECEDENCE GIVEN TO ORDERS. 307 
 
 and made the first order on a subsequent day/ Sometiiii,es 
 the House will give precedence to several orders at the 
 same time, when they refer to the one question.^ Or it may 
 consent to suspend rule 19 in order to take up a question.* 
 Motions in the hands of private members are sometimes 
 taken out of their regular place and placed on the govern- 
 ment orders for consideration. This was done in 1873, 
 in the case of a motion for the adoption of a report rela- 
 tive to parliamentary printing.* In 1879, a notice of 
 motion was given precedence, on the order paper.^ Public 
 bills and orders are also sometimes given precedence over 
 notices.'' It may sometimes happen that a public bill will 
 be considered of sufficient impoitance to cause it to be 
 placed on the government orders, in the name of a minis- 
 ter. This was done in the session of 1878, on the recom- 
 mendation of the committee on banking and commerce, 
 in the case of a bill, introduced by Mr. Blake, to make 
 provision for the winding up of insolvent incorporated 
 fire or marine insurance companies.^ The same course 
 
 ' Can. Com. J. (1877), 39 ; lb., 233. In the latter case a day set apart by 
 the rule, and generally devoted in its entirety to notices of motions, was 
 given up to the consideration of an important question. Also Sen. J. 
 (1867-8), 179, 283. lb. (1880), 85-6. A question respecting an election 
 petition has been given precedence as a matter of privilege. Com. Jour. 
 <1880-1), 164-5. 
 
 '' Can. Com . J. (1874), 26 ; re Louis Kiel, expelled. 
 
 ' lb. (1867-8), 247. 
 
 * /6. (1873), 370. In 1886, amendments made by Senate to Northern 
 Pacific Junction Railway Co. bill were placed on government orders at a 
 late period of session. Jour. 341. 
 
 * Mr. Fortin's motion respecting fisheries ; Can. Com. J. (1879), 337. In 
 1884, a liquor license question was given precedence, after due notice ; 
 Jour., 250. In 1884, resolutions respecting the Canadian Pacific Railway 
 were given precedence after routine proceedings'; Jour. 114. In 1885, a 
 motion respecting the Exchange Bank was taken up, and the debate 
 having been adjourned, it was made first order on public bills and or- 
 ders for a subsequent day ; Jour., 156. See also Factory bill, March 18th, 
 1885. 
 
 " Can. Com. J. (1879), 311-2, 337. 
 
 ' lb. (1878), 148. 
 
308 ORDER OF BUSINESS. 
 
 was taken with reference to two other equally important 
 measures — one to amend the act respecting the adultera- 
 tion of food and drugs ; ^ the other respecting crimes of 
 violence.^ Such motions, however, can only be made 
 with the general assent of the House. ^ As a rule, the 
 public bills and orders must be moved in their proper 
 order, though the House may sometimes consent towards 
 the close of the session, when there is little prospect of 
 going through all the private business, to take a bill out 
 of its order and advance it a stage, but this is only done 
 when there is no intention to debate the bill.^ If it is 
 wished to transfer a bill from the public bills and orders, 
 the regular course is to give two days' notice of a motion 
 to that effect." The rule which requires a strict adher- 
 ence to the order paper is absolutely necessary to prevent 
 surprises. So rigorously is it enforced in the imperial 
 parliament that even when it has been admitted that a 
 day has been named by mistake, and no one has objected 
 to the appointment of an earlier day, the change has not 
 been permitted." It is quite irregular, even if a member 
 proposes to conclude with a motion, to introduce and 
 attempt to debate a subject which stands on the orders 
 for another day. ^ 
 
 Under a rule of the House : 
 
 " 26. All orders undisposed of at the adjournment of the House 
 
 1 Can. Com. J. (1878) 198. ^16., 232. Also Insolvency Bill, 1879, p. 271 . 
 
 * See chapter xi., s. 3. 
 
 ' Building Societies Bill, April 24, 1878. 
 
 5 Kailway Passenger Tickets Bill. Votes and P. (1882), 374 ; Jour., 
 334. In this case the government took charge of the bill after notice. 
 In an ordinary case the motion goes on the list of private business, and 
 towards the end of a session a member may never reach it. In this case 
 it was attempted to transfer the bill without notice, but objection having 
 been taken to this proceeding, the motion was withdrawn and notice 
 given in due form ; Hans., 831. 
 
 « May, 281-2 ; 118 E. Com. J., 237 ; 172 E. Hans. (3), 246 ; Can. Com. J. 
 (1875), 177. 
 
 ' 219 E. Hans. (3), 1302, 1053-4 ; 225 lb., 1824. 
 
ORDERS NOT DISFOSED OF. 309 
 
 shall be postponed until the next sitting day, without a motion 
 to that effect." 
 
 But if the House be adjourned before an order of the 
 day under consideration is disposed of, or a motion has 
 been made for the adjournment of the debate thereon, "it 
 is not treated as a dropped order, but being superseded 
 must be revived before it takes its place again on the 
 order book." ^ If a motion is not made for the second 
 reading or other stage of a bill, it does not go on the 
 orders, and it will be consequently necessary for the 
 member in charge to take the first opportunity he has for 
 placing it on the paper. The House will always give its 
 consent to this formal motion, which is not unfrequently 
 necessary in the Senate, in the case of Commons bills 
 coming up in the absence of the member who is to pro- 
 mote its passage.^ 
 
 If a select committee report adversely on a public bill, 
 it will nevertheless appear in its proper place on the 
 orders of the following day, under the rules, as it is only 
 a private bill that disappears from the paper when the 
 preamble is reported to be " not proven." ' 
 
 If an order for the second reading of a bill be read, and 
 it is not found expedient to proceed with the bill that 
 day, the motion for the second reading must be with- 
 drawn, and the bill ordered for a second reading on a 
 future day.^ 
 
 1 May, 284. 119 E. Com. J., 131, 256 : 120 lb., 225, 352 ; 121 lb., 78 ; 
 122 lb', 377, 404. 
 
 2 Sen. Hans. (1883), 179, 226; Jour., 134, 146. 
 
 « Carriers by Land Bill, March 18 and 19, V. & P., 1885, and Orders of 
 the Day ; Railway Commissioners Bill, V. & P., April 3, and Orders of 
 the Day, April 5, 1883 ; Toronto Harbour Bill, April 24 and 25, 1883, V. 
 & P., and Orders of the Day ; Railway Bill, April 8, 1890. Orders of the 
 Day. In this case the bill should have been on the orders on the pre- 
 vious day, but was inadvertently omitted. See also Alien Labour Bill, 
 April 17, 1890, Orders of the Day ; V. & P. April 15. 
 
 * 123 E. Com. J., 146; Officers of the Crown Bill, 9th June, 1885 ; Mari- 
 time Court Bill, 16th March, 1886. 
 
310 ORDER OF BUSINESS. 
 
 If a motion is at the head of public bills and orders on a 
 Thursday, it remains in the same position on the follow- 
 ing Wednesday, subject, of course, to have precedence 
 given to another question by the rules or a special order 
 of the House.^ 
 
 On Wednesday, the 31st of March, 1886, the House was 
 in committee of the whole on a certain resolution respect- 
 ing farmers' banks, and the chairman left the chair at six 
 o'clock, under the rules before the matter was concluded. 
 The matter went over necessarily to public bills and 
 orders for another day.^ 
 
 If a member rises to propose a motion of which he has 
 given notice, and the speaker leaves the chair at six o'clock 
 before he has concluded his speech, and proposed his 
 motion, it will remain in the same place on the order 
 paper.^ But it is more usual when the member cannot 
 conclude his speech in time, to hand it to the speaker at 
 once, so that it maj^ be formally proposed and entered on 
 the public bills and orders under the 2'7th rule : 
 
 " If at the hour of 6 p.m. on a "Wednesday or Thursday, or at 
 the time of the adjournment of the House, amotion on the notice 
 paper be under consideration, that question shall stand first on 
 the order of the following day next after orders to which a 
 special precedence has been assigned by rule or order of the 
 House.'' 
 
 ' See Franchise debate, Orders of the Day, Feb. 6th and 12th, 1890. 
 In this case precedence was given to another question, the IST. "\A'. T. Bill 
 (Mr. McCarthy), and the franchise debate took a second place. Also 
 prohibitory liquor motion (Mr. Jamieson's). Orders of the Day, May 20, 
 21, 22, 1891. 
 
 ^ See Mr. Orion's motion. Orders of the Day, March 31st and April 1st, 
 1886; Jour. 93, 127. 
 
 ' Reciprocity Treaty ; Debates, March 10 ; Orders of the Day, March 15, 
 1875. On May 13, 1874, Mr. Bowell rose to move a motion respecting dis- 
 missals from office, but before he had concluded and handed his motion 
 to the speaker six o'clock was announced. The motion remained in the 
 same place. Pari. Deb., 97, 105. See also Mr. McCallum's motion, March 
 18 and 23, 1885 ; Mr. Jackson's April 14 and 19, 1886 ; Hansard and 
 Orders of the Day. 
 
ORDERS NOT DISPOSED OF. 311 
 
 The practice under this rule, which is not always under- 
 stood, may be explained as follows : 
 
 If a motion among " notices of motions " on the day's 
 order is moved on "Wednesday, and the House adjourns, 
 or the speaker leaves the chair, at six o'clock while it is 
 still under consideration, it goes to the head of public 
 bills and orders, for the next day, subject of course to 
 have priority given to third readings and other stages of 
 bills, as provided by rules 20, 21, 22 and 23 already cited 
 in a previous page of this chapter. On Thursday, when 
 notices of motions come up again, the same practice pre- 
 vails, but if a debate on a motion is continued after six 
 o'clock, and the adjournment of the House is moved and 
 carried the question is not superseded, but finds its 
 place, as on a Wednesday, on the orders of the following 
 day. "When such a motion is carried in this way to the 
 orders of the day, it keeps its place thereon, in case the 
 adjournment of the debate is carried every day, while 
 the subject is under consideration. If this is not done, 
 the adjou.rnment of the House will supersede the ques- 
 tion, since it is no longer guarded by the rule which 
 applies only to a motion on the '' notice paper " — that is 
 to say, not on the "orders," but among the "notices of 
 motions " on the day's order of proceedings.^ 
 
 ' Can. Com. J. (1876) ; Financial Depression Committee, 64, 66, 69. See 
 Orders of the Day, Chinese Question, 29th and 30th March, 1883. See 
 Relief to Municipalities, March 5th, 1885 ; Franchise Bill, March 3rd 
 and 4th, 1886. Monday (a notice of motion day) is not included in 
 this standing order. When on that day a motion has been under con- 
 sideration, it has been the practice to move an adjournment of the debate 
 previous to the adjournment of the House- Can. Com. J. (1871), 51 ; lb. 
 (1872), 135. The rules do not give a special place to a debate on a motion 
 on the notice paper when formally adjourned ; but it goes to the foot of 
 the orders of next day. Mr. Landerkin's motion on Canada Central E. 
 E., Feb. 11th and 12th, 1885; Mr. Edgar's on timber, etc., on Canada 
 Pacific E. R , Feb. 12th and 13th, 1885 ; Mr. Jamieson's motion on Prohi- 
 bition, Feb. 13th and 14th, 1889. On the other hand, under the rule cited 
 above, a motion made by Mr. Landerkin on the same day, respecting the 
 corn duty, was adjourned by the speaker leaving the chair at six o'clock 
 
312 ORDER OB BUSINESS. 
 
 On Monday, March llth, 1890, a day devoted to notices 
 of motions, a special order was made for 8 p. m. By 
 4 p.m. the notices on the paper were exhausted, and an 
 order for a resumed debate was taken up, and was not 
 disposed of when the House took the six o'clock recess. 
 At eight o'clock, when the speaker again took the chair, 
 the special order was called and discussed, but the 
 question under consideration at six o'clock had to dis- 
 appear from the order book as the rules made no provision 
 for such a case.' 
 
 If Wednesday's order of proceeding is made the order 
 for Monday, then all the rules governing Wednesday 
 prevail ; and if a motion is under consideration at six 
 o'clock on Monday, under such circumstances, it goes 
 over to public bills and orders.^ 
 
 If a private bill is under consideration after half-past 
 seven o'clock, and the debate is not concluded thereon at 
 half-past eight, a member may call the attention of the 
 speaker to the fact that the hour allotted to such subjects 
 under the rules has expired, and the question will there- 
 upon go over until another day, when it will be tajken up 
 at the same stage where its progress was interrupted. ^ 
 
 The hour for private bills is not interfered with, as a 
 matter of usage, when precedence is given to a particular 
 order, but sometimes they are not called in order to meet 
 the general convenience of the House, and its desire to 
 
 on a Wednesday, and instead of its going to the fool of the orders it 
 appeared at the head. See V. and P. and Orders of the Day, Feb. 13th and 
 14th, 1889. Also «vpra, 310, for illustration of cases of motions adjourned 
 while among public bills and orders. 
 
 ' See Mr. Eisenhauer's motion respecting a bounty to fishermen, Orders 
 of the Day, March 17th and 18th, 1890. 
 
 ^ See Gen. Laurie's motion respecting customs, V. and P., April 8th ; 
 and Orders of the Day, April 8th and 9th, 1889. Also Mr. Davin's re- 
 specting Col. Herchmer, V. and P., March 31st, and Orders of the Day, 
 March 31st and April 1st, 1890. 
 
 '' See infra chap- xx. s. 3. 
 
ORDERS NOT DISPOSED OF. 313 
 
 conclude a debate. In such, cases, th.is is a matter of arran- 
 gement with, the members in charge of private bills.^ 
 
 Towards the close of the session, with the view of 
 advancing public business, the government usually 
 appropriate to themselves one or more ofthe days devoted 
 to notices of motions, public bills and orders, and other 
 matters in the hands of private members. They must, 
 however, give formal notice, and obtain the consent ofthe 
 House to a motion, the effect of which is to suspend the 
 nineteenth rule, governing the order of business each 
 day.2 
 
 ^ See remarks of Sir Hector Langevin, 21st Feb., 1890 ; Hans., 998. 
 
 « Can. Com, J. (1879), 156, 252, 380, 413; lb. (1890), 117, 209, 375. See 
 Sen. J. (1882), 318, for an instance of "urgency" being given to govern- 
 ment measures in the Senate. 
 
CHAPTER VIII. 
 
 PETITIONS. 
 
 I. Presentation and reception.— II. Form.— III. Irregularities.— IV. Peti- 
 tions for pecuniary aid.— V. For taxes or duties.— VI. Urgency in 
 certain cases.— VII. Printing.— VIII. Reflections on House or mem- 
 bers.— IX.— Petitions to Imperial authorities. 
 
 I. Presentation and Reception.— The ordinary daily business 
 in the two Houses commences with the presentation and 
 reading of petitions/ of which a great number on various 
 questions of public policy or individual concern are pre- 
 sented in the course of every session. The subjects em- 
 braced in these petitions are of very varied interest. 
 Whenever there is a great question agitating the public 
 mind, the table of the House of Commons especially is 
 immediately covered with petitions on that subject.^ No 
 doubt the privilege is often abused and unscrupulous or 
 energetic agents labour to deceive parliament ; but not- 
 withstanding such abuses of a highly prized privilege, 
 parliament affords every opportunity to individuals to 
 bring before it in this way their opinions and grievances, 
 and is often able to obtain from such expressions valuable 
 information which enables it to remedy personal wrongs, 
 or mature useful legislation on some great question of 
 general import. 
 
 1 Supra, 301. Sen. R. 12 ; Com. R. 19. 
 
 ^ See index to Sen. and Com. J. for 1874; Prohibitory Liquor Law ; and 
 Protection to Native Manufactures in 1876. Also Can. Hans. (1877), 1128, 
 showing number of petitioners from each province in favour of prohibi- 
 bition ; a total of 500,000 names in 1874. Canada Temperance Act, March 
 30, 1885 ; a total of 76,501 petitioners. Also, Prohibition, 1891. 
 
PRESENTATION AND RECEPTION. 315 
 
 The rules in the two Houses with respect to petitions 
 are virtually the same, and whenever there is a difference- 
 in practice it will be pointed out in the course of the fol- 
 lowing remarks on the Commons precedure which is 
 strictly carried out. 
 
 Eoutine business in the Senate and Commons com- 
 mences with the presentation of petitions.^ When th& 
 speaker has called the House to order, after the doors have- 
 been opened, he will proceed to ask for the presentation 
 of petitions. Then the members who have any such to- 
 present will rise, and after briefly stating the purport of 
 the document in accordance with the rule, they will send 
 it to the table, where it is taken charge of by one of the 
 clerks. Every member should be careful to endorse his 
 name on the back, as confusion sometimes arises when 
 many petitions are presented at the same sitting. One 
 sitting day must intervene between the presentation and 
 reception of a petition.^ The rules of the House of Com- 
 mons are as follows : 
 
 " 84. Petitions to the House shall be presented by a member in 
 his place, -who shall be answerable that they do not contain im- 
 pertinent or improper matter." ^ 
 
 " 85. Every member offering to present a j)etition to the House 
 shall endorse his name thereupon, and confine himself to a state- 
 ment of the parties from whom it comes, the number of signa- 
 tures attached to it, and the material allegations it contains. 
 Petitions may be either written or printed ; provided always that 
 the signatures of at least three petitioners are subscribed on the- 
 sheet containing the prayer of the petition." 
 
 " 86. Every petition not containing matter in breach of the 
 privileges of the House, and which, according to the rules'" or 
 practice of this House, can be received, is brought to the table by 
 
 ^ Sen. E., 12; Com., 19. 
 2 Sen. Deb. (1890) 33. 
 ' 228 E. Hans. (3), 1320; 229 lb., 586. 
 
 * These are substantially the S. 0. adopted in 1842 in the English Com- 
 mons ; May, 613. 
 
316 PETITIONS. 
 
 direction of the speaker, who cannot allow any debate, or any 
 member to speak upon, or in relation to, such petition; but it 
 may be read by the clerk, at the table, if required ; or if it com- 
 plain of some present personal grievance, requiring an immediate 
 remedy, the matter contained therein may be brought into imme- 
 diate discussion. 
 
 A senator, in presenting a petition, may briefly explain 
 its general purport, but other members may not proceed 
 to discuss its contents.^ The practice of the House of 
 Lords appears different. A member may not only make 
 a long speech on the presentation, but a debate may 
 follow on the siibject-matter.^ 
 
 In the House of Commons every petition is deposited in 
 the journals office, in charge of an officer, whose duty it 
 ' is to see that it is properly endorsed and in accordance 
 with the rules of the House.' It is brought to the table 
 to be read and received two days after the presentation'; 
 in other words, one day between the presentation and 
 reception, as in the Senate. A list is made up of the 
 petitions that have to be received every day, and given 
 to the speaker, with a memorandum of any infringement 
 of the rules governing the reception of such documents. 
 The clerk assistant reads the brief endorsation and the 
 speaker puts the question — " Is it the pleasure of the 
 House to receive these petitions " — when the reading of 
 the list is completed. In case of any irregularity, he 
 will state it to the House, and rule that the petition 
 cannot be received.* It is the duty of every member 
 
 1 Sen. Deb. (1876), 93, 96. Ih. (1880), 293. 
 
 ■' 140 E. Hans. (3), 706-15 ; 808-14. In the English Commons all debate 
 on the presentation of petitions was first forbidden in 1839 ; May's Const. 
 Hist, ii., 69 ; 94 E. Com. J. ] 6 ; 45 E. Hans. (3), 156, 197. The Lords did 
 not, however, change their practice. 
 
 ' In the Enghsh Commons all petitions " after they sliall have been 
 ordered to lie on the table, are referred to the committee on public peti- 
 tions, without any question being put." S. 0. 81 ; May, 618, 620 , 132 E- 
 Com. J., 41, &c. 
 
 "Can. Com. J. (l'-i77), 27; lb. (1879), 21, 32, &c. See "petitions" in 
 index to journals. 
 
PRESENTATION AND RECEPTION. ZVJ 
 
 presenting a petition to make himself, in the first instance, 
 acquainted with its terms, and see that it is, in its lan- 
 guage and expressions, consistent with the rules and 
 orders of the House.^ 
 
 In case of opposition to the reception of a petition, a 
 debate may take place as soon as the speaker has formally- 
 proposed the motion that it be received. In such a case 
 it is usual for the member who has charge of the petition 
 to move its reception.^ This procedure has its inconveni- 
 ences since members may be ignorant of the nature of the 
 petition, until the motion is made for its reception ; and 
 it has, therefore, been found advisable under special cir- 
 cumstances to adjourn the debate on the question until a 
 future day.^ Petitions which have been duly read and 
 received frequently form the basis for a reference of a 
 question to a committee. In such cases, notice is given of 
 a motion on the question.* 
 
 If a member has a notice of motion on the paper with 
 respect to a petition he cannot move in the matter until 
 the notice is reached in due order.^ Nor on a motion for 
 the adjournment of the House can he debate a petition 
 which he would be restrained from discussing by the 
 rules of the House.'' If he wishes to present a petition 
 signed by himself, he must give it to another member to 
 bring up.' The speaker of the Commons cannot present 
 a petition, but must avail himself of the services of a 
 member on the floor.^ But it is quite competent for the 
 
 1 228 E. Hans. (3), 1320. 
 
 2 Can. Com. J. (1867-8), 339-40. 
 
 3 lb. (1880-81), 89. 
 
 * V. and P. (1882), 216, 442; Jour., 364-5. 
 
 » Can. Com. J. (1875), 177. 
 
 8 109 E. Hans. (3), 233. May, 619. 
 
 ' 59 E. Hans. (3), 476. Gushing, p. 462. This rule is always enforced, 
 though no decisions appear in the Canadian journals. The clerk com- 
 municates with the member and has the error rectified. 
 
 ' Mr. Speaker Addington pointed out that if this were permitted the 
 speaker would be compelled to make motions and take such part in the 
 
■318 PETITIONS. 
 
 -speaker of the Senate to do so, since he may speak in the 
 debates/ 
 
 II- Form.— Every petition to the two Houses should com- 
 Tuence with the superscription : 
 
 To the Honourable the (Senate or House of Commons) 
 in Parliament assembled : 
 
 Then should follow the formula. " The petition of the 
 
 Tindersin^ned humbly sheweth." The petitioner 
 
 or petitioners will next proceed to state the subject-matter 
 of the petition, in the third person throughout, and com- 
 mencing each paragraph with the word " That." The con- 
 clusion should be the " prayer" — without which no peti- 
 tion is in order. This prayer should tersely and clearly 
 ■express the particular object which the petitioner has in 
 "view in coming before parliament. And the petition 
 should then close with the formal words : " And your 
 petitioners as in duty bound will ever pray." The sig- 
 natures of the parties interested should be written on the 
 «heet containing the prayer. 
 
 III. Irregularities.— A large number of petitions are not 
 received every session on various grounds of irregularity. 
 The House will refuse to receive a memorial containing 
 aio prayer.^ Every petition should have the signatures of 
 "" at least three petitioners on the sheet containing the 
 prayer." ^ But this rule is never interpreted as precluding 
 
 proceedings as would not be competent for him in otlier cases. 32 Pari . 
 Eeg. 2; Gushing, p. 462. Mr. Speaker Blanchet, Can. Hans. (1879), 
 J 453-4. 
 
 ' Sen. J. (1880-81), 95. 
 
 2 Can. Com. J. (1876), 180. Can. Hans. (1879), 1453-4. But a document, 
 although termed a memorial, if it is substantially a petition properly- 
 worded and concludes with a prayer, may be received as a petition ac- 
 -oording as the House may think proper. 240 E. Hans. (3), 1681-2 ; 
 JBI.»okmore's Sp. D. (1SS2), I'S. 
 
 ' Can. Com. J. (1876), 131, 243, &c. ; lb. (1877), 70, 88, &c. The reason 
 of this rule may be understood by reference to a statement of Lord Claren- 
 •don (Hist, of Rebellion, ii., 357) that, in 1640, " when a multitude of 
 
IRREGVLAR PETITIONS. 819 
 
 a single petitioner from approaohing the House ; it simply 
 refers to petitions signed by a number of individuals. 
 Petitions from one person are constantly received in ac- 
 cordance ■with, the English rules which are more definite 
 on this point.' The Senate rule is quite explicit : 
 
 36. "Every petition is to be fairly written, or printed, and 
 signed on the sheet containing the prayer of the petition ; and if 
 there be more than three petitioners the additional signatures 
 may be affixed to the sheets attached to the petition." 
 
 A petition may be written in French or English.^ It 
 may be printed,^ but it must be free from erasures or 
 interlineations,* and the signatures must be written,'' not 
 printed, pasted upon, or otherwise transferred.^ It must 
 not have appendices attached thereto, whether in the 
 shape of letters, affidavits, certificates, statistical statements, 
 or documents of any character.'' A member may, how- 
 ever, receive permission from the House to withdraw the 
 appendix, when it is desirable that the petition, especially 
 if it be one for a private bill, should be received with as 
 little delay as possible.* But in case the appendix is ob- 
 jected to, the member has no alternative except to present 
 a new petition.' 
 
 hands was procured, the petition itself was cut off, and a new one framed 
 suitable to the design in hand, and annexed to the long list of names 
 which were subscribed to the former. By this means many men found 
 their hands subscribed to petitions of which before they had never 
 heard." 
 
 1 100 E. Com. J., 335 ; 109 lb., 293 ; 66 B. Hans. (3), 1032 ; Can. Com. J- 
 (1876), 294 ; lb. (1877), 20, 61 ; May, 609. 
 
 ' Petition from Judge Loranger and others relative to weights and 
 measures in 1877, &o. 
 
 ' Prohibitory Liquor Law, 1875 ; Welland Canal, 1877, &c. Sen. R„ 36. 
 
 * 82 E. Com. J., 262 ; 86 lb., 748 ; Can. Com. J. March 6, 1885. 
 
 5 Chenal Ecartg Petitions, March 1, 1877 ; all printed, March 16, 1885. 
 
 « 104 E. Com. J., 283; 105 lb., 79 ; Can. Com. J., April 19, 1886. 
 
 ' Can. Com. J. (1870), 212 ; lb. (1877), 113 ; lb. (1885), 173. 81 B. Com. 
 J., 41, 82 ; 111 lb., 102. 14 Pari. Deb., N.S., 509. Sen. Hans. (1880), 293, 
 294 (Mr. Penny) ; lb. (1887), 325, 326 (Mr. Speaker Allan). 
 
 ' Can. Com. J. (1879), 18. 
 
 9 27 E. Hans. (1 ), 395 ; 38 lb., 662. Can. Com. J. (1876), 212, 239. 
 
320 PETITIONS. 
 
 A petition forwarded by telegraph cannot be received, 
 inasmuch as " it has no real signatures attached to it." ^ 
 When a petition has contained a number of signatures in the 
 same handwriting, these signatures have not been count- 
 ed.^ Petitions of corporations aggregate must be under 
 their common seal; and if the chairman of a public meeting 
 sign a petition in behalf of those so assembled, it is only- 
 received "as the petition of the individual, and is so en- 
 tered in the minutes, because the signature of one party 
 for others cannot be recognized." ' Aliens, not resident 
 in this country, have strictly no right to petition parlia- 
 ment.'' In the case of applications for private bills, how- 
 ever, this rule is not enforced. It was agreed in 1878, at 
 the suggestion of Mr. Speaker Anglin, to receive a peti- 
 tion from the Hartford directors of the Connecticut 
 Mutual Insurance Company on the ground that it was a 
 mutual company, partly composed of Canadians, and that 
 it was the subject of parliamentary legislation, the com- 
 pany being required to make a certain deposit before 
 doing business in the country.^ In 1883 a petition from 
 certain persons in the city of Portland in the state of 
 Maine, asking for an act of incorporation, was received 
 on the ground that the subject-matter came within the 
 jurisdiction of the House, as in the case already cited. ^ 
 
 ' Can. Sp. D., 192. Can. Com. J. (1872), 80. 
 
 2 138 E. Com. J., 153. See Can. Hans. (1885), 2027. 
 
 » Sen. R. 37-38. May, 610; 10 E. Com. J. 285. 
 
 *Can. Com. J. (1877), 41; lb. (1880), 165. See English report on 
 Boulogne-sur-mer petition in 1876, Pari. P. 232. But aliens resident in 
 Great Britain and her dependencies have the right to petition. Mr. Sp. 
 Brand, 228 E. Hans. (3), 1411-117 ; Blackmore's Sp. D. (1882), 158. 
 
 ^ Can. Hans. (1878), 950. See also petition from American Association 
 of Breeders of Shorthorns, Feb. 18, 1878. 
 
 " Can. Hans. (1883), 138. The necessity of ofltering every inducement 
 to capital was referred to in the debate by the premier, Sir John Mac- 
 donald, as a reason for allowing the reception of such petitions. On the 
 31st of March, 1886, the House received a petition from certain contrac- 
 tors in New York and New Hampshire, claiming that their statutory 
 
PETITIONS FOR AID. 321 
 
 The reception of such petitions may be considered an act 
 of grace. ^ 
 
 All petitions should be respectfully and temperately 
 worded. The House will refuse to receive them if they 
 contain any reflections on the queen or her representative 
 in Canada,^ or on the action of parliament,^ or on any of 
 its committees,^ or on the courts of justice,' or affect " the 
 legal and social positions of individuals."" A document 
 distinctly headed as a "remonstrance," even though it 
 conclude with a prayer, cannot be received.'^ Neither 
 can any paper in the shape of a declaration be presented 
 as a petition.* Any forgery or fraud in the preparation 
 of petitions will be considered a serious breach of privi- 
 lege and severely punished.^ 
 
 IV. Petitions for pecvmiary aid— In the first session of the 
 Parliament of Canada the House of Commons initiated the 
 practice of refusing to receive any petition for a grant of 
 money out of the public revenues unless it has been first 
 
 and vested rights were injuriously affected by proposed legislation (Can- 
 ada Atlantic ER. Bill). Mr. Speaker Kirkpatrick privately expressed 
 the opinion that aliens had a right to approach parliament on a question 
 touching their private interests, when it was under the purview of the 
 House. The Houses, in the matter of private bills, clearly act in a judi- 
 cial as well as legislative capacity, and all persons interested should be 
 allowed to appear there as in any court and seek a remedy. See on this 
 point the opinion to the same effect of Sir Erskine May, before the Com- 
 mittee on the Boulogne-sur-mer petition. 
 
 1 Mr. Sp. Brand, Friday, April 7, 1876, Eng. Hans. 
 
 2 122 E. Hans. (3), 863. 
 
 s 84 E. Com. J., 275. 
 
 * 129 lb. 209. 
 
 ^ 76 lb., 105 ; 129 lb., 276. 
 
 "129/6.276. 
 
 ' May, 609 ; 70 E. Hans. (3), 745. But when headed as a petition and 
 concluding with a prayer, petitions have been received. 65 E. Hans. 
 1225. 
 
 8 Can. Hans. (1879), 1453-4 ; 60 E. Hans. (3), 640. 
 May, 611, gives numerous cases. 106 E. Com. J., 193, 289; 120 J6.^ 
 57, 336. SeeEes. of 2nd June,1774; 34 lb. 800. 
 21 
 
322 PETITIONS. 
 
 recommended by the Orown.^ The practice is in con- 
 formity with the following standing order of the English 
 House of Commons : 
 
 " That this House will receive no petitioii for any sum relating 
 to public service, or proceed upon any motion for a grant or 
 charge upon the public revenue, whether payable out of the 
 consolidated fund or out of moneys to be provided by parliament, 
 unless recommended from the Crown." ^ 
 
 Since then a large number of petitions have been re- 
 jected every session, when they have asked for remuner- 
 ation for services performed ; ^ for arrears of salaries and 
 pensions ; * for aid to construct or repair public works ; ' 
 for subsidies to keep them in an efficient condition ; " for 
 any remission of moneys due to the Dominion ; ^ for com- 
 pensation for losses incurred from public works ; ^ for 
 subsidies to steamers owned by private individuals or 
 companies ; ° for grants of public lands to aid certain 
 works ; ^'' for compensation on account of losses alleged to 
 have been sustained through the operation of an act of 
 parliament." 
 
 But whilst petitions that directly ask for any public aid 
 or for any measures directly involving an appropriation of 
 public money, are now never received, the House does not 
 reject those which ask simply for legislation, or for 
 " such measures as the House may think it expedient to 
 
 1 Can. Com. J. (1867-8), 297. 245 E . Hans. (3), 1724. 
 
 ^ 20th March, 1866. E. Com. J., 1874, British Museum; 136 lb., 109. 
 The English rule applies to petitions " distinctly praying for compensa- 
 tion, or indemnify for losses, out of the pubhc revenues." May, 613 ; 90 
 E. Com.. J., 487 ; 104ib. 223. 
 
 ' Can. Com. J. (1871), 65, 229 ; lb. (1883), 57. 
 
 * lb. (1870), 67, 110 ; lb. (1871), 18 ; lb. (1878), 70. 
 
 5/6. (1870), 40, 56, 191, 233; lb. (1871), 44, 135, &c. lb. (1877), 79, 
 92, &c. 
 
 « lb. (1870), 167. ' lb. (1871), 159. 
 
 Sib. (1873), 66. "76.(1878), 56. 
 
 " lb. (1882), 75. 
 
 " lb. (1883), 47 ; Canada Temperance Act, 
 
PETITIONS FOR TAXES OR DUTIES. 323 
 
 take " with respect to public works. In the session of 
 1869, Mr. Speaker Cockburn decided that petitions of 
 such a character ought to be received, as they did not 
 come within the express language of the English rule just 
 quoted. On this occasion the speaker suggested that " if 
 it were the pleasure of the House to exclude petitions of 
 that class in future, the proper way would be to adopt a 
 substantive rule which would clearly shut out such peti- 
 tions." ^ But no such rule has ever been adopted, and it 
 is now the invariable practice to receive petitions which 
 are expressed in general terms and do not directly ask for 
 peibuniary aid for public works.^ Such petitions are re- 
 ceived on the same principle which allows the moving of 
 resolutions expressive of the abstract opinions of the House 
 orl matters of expenditure.' 
 
 'No petition asking directly for an appropriation from 
 the public treasury can be properly received in the 
 Senate. There is no rule or usage of the Lords or Senate, 
 however, to prevent the presentation or discussion or 
 reference to a committee, of a petition for the expenditure 
 of public m.oney or for pecuniary aid or redress, provided 
 it be framed in general terms.* 
 
 V- Petitions for Taxes or Duties-— Up to the middle of the 
 session of ISTO, it was not the practice to receive petitions 
 
 ' Can. Com . J. (1869), 22-3. He made these remarks on a petition 
 "humbly praying the House to take such measures as will cause the 
 obstructions to the na;vigation of the Ottawa Eiver to be removed," etc . 
 
 ^ Can. Com. J. (1877), 100, &c., Welland Canal; St. Peter's Canal. lb. 
 (1877), 27, 147, ex-serjeants of Volunteers ; first petition not received ; 
 second received, as it asked the House simply to take the facts into its 
 favourable consideration. 
 
 ^ Hatsell (iii., 241), says the prayer should be general, and not prescribe 
 the quantum of aid. 
 
 * See remarks of Mr. Speaker Christie, Sen. J. (1874), 93-4 ; Deb. (1874), 
 134-8 ; Todd's Pari. Govt., 1. 696,697 ; 173 E. Hans. (3), 1622 ; 174 lb., 962. 
 The petitions should conclude simply with asking the House to take the 
 matter into its favourable consideration, or that aid be given, or with 
 some such general prayer. Sen. J. (1867-8), 171 ; lb. (1879), 108 (York 
 Pioneers) ; lb. (1883) 63 ; Ih. (1884) 140. 
 
324 PETITIONS. 
 
 praying for the imposition of duties, on the principle 
 which prevents private members from initiating and 
 carrying ont measures for taxation.^ On more mature 
 consideration, however, it was seen that this practice 
 tended to prevent an unequivocal expression of public 
 opinion on questions of taxation, especially as there was 
 no express rule against the reception of such petitions. 
 Consequently it is now the invariable practice to receive 
 petitions asking for the imposition of customs and excise 
 duties.^ It has also been decided that when a number of 
 persons ask for a bounty to a particular industry on public 
 grounds, it is regular to receive their petition. The 
 objection to the reception of petitions for a bounty pro- 
 perly applies only to cases where an individual or indivi- 
 duals, personally interested, ask for such a bounty as w ill 
 be profitable and confined to themselves.^ It is also usmal 
 to receive petitions from individuals for an exemption of 
 a tax or duty on public grounds ; * but petitions frwrn 
 parties immediately interested in a remission of duties or 
 other charges payable by any company or person, will be 
 ruled out.^ Neither will the House receive a petition 
 praying for the compounding or releasing any debt di le 
 to the Crown ; * but petitions may be considered whin 
 they pray for provision for compensation for losses contijn- 
 gent on proposed legislation.^ Petitions against measures 
 
 ' ! 
 
 1 Can. Com. J. (1873), 146 ; lb- (1875), 205, 241, 260, &c. ; lb. (1876), )68, 
 76, 86, &c. ; 
 
 '^ This decision was arrived at in 1876, when the rules were revised, but 
 no record was made on the journals. Mr. Speaker Anglin stated it to the 
 House on the presentation of a petition asking for the levying of certain 
 duties. Can. Com. J. (1876) 107, 130, &c., lb. (1877) 37, 54, 58, &c. ; lb. 
 (1878) 150; lb. (1879) 57, 66, 140, &c. 
 
 » Mr. Speaker Anglin on Coal Bounty, Can. Com. J. (1877) 27, 37. Such 
 a petition, he showed, stood precisely in the same position as one asking 
 for the iniposition of taxes for general purposes. 
 
 * Can. Com. J. (1876) 70; lb. (1879) 300, Paper Machine. 
 
 s Can. Com. J. (1875) 260; 92 E. Com. J. 372 ; 223 E. Hans. (3) 879. 
 
 « 81 E. Com. J. 66 ; 83 lb. 212. ' May, 613 ; 92 E. Com. J. 469. 
 
CASES OF URGENCY. 325 
 
 for the imposition of any tax or duty for the current service 
 of the year, are always in order.^ 
 
 VI. Urgency.— A member presenting a petition, has no 
 right himself to read it at length, but he may have it done 
 by a clerk at the table, with the consent of the House. ^ 
 Petitions may be at once read and received by common 
 consent, chiefly in order to refer them to a committee ; 
 if a member objects, it cannot be done.* In case of 
 urgency, however, a petition may be immediately con- 
 sidered,* but the grievance must be such as to require a 
 speedy and urgent remedy.^ Petitions affecting the priv- 
 ileges of the House will at once be taken into consider- 
 ation in accordance with parliamentary usage in all cases 
 of privilege.* 
 
 VII. Printing— Petitions are often ordered to be printed 
 for the information of members by the committee on print- 
 ing.^ It is frequently found convenient to print them in 
 the votes and proceedings — a motion to that effect being 
 duly made and agreed to.' Petitions of a previous session 
 have also been so printed.', 
 
 1 Eng. S. 0. 82; 97 E. Com. J. 191. 
 
 ' Eule 86, Supra 315. Previous to 1885 a very loose practice existed with 
 respect to the reading of petitions, when required by a member, but in 
 that year it was decided that the consent of the House was necessary in 
 accordance with the English rule which is the same literally as the 
 Canadian rule 86. In case of opposition, the speaker will have to put a 
 motion formally to the House. While a member has clearly a right to 
 ask that the petition be read, it is a privilege like many others, subject to 
 the approval of the House itself. Can. Hans. (1885) 1893 ; May, 618. 
 
 3 Sp. Dec. 25 ; Can. Com. J. (1875) 152. Hans. 450-1. Can. Com. J. (1876) 
 171, 204. In one case, the petition was received and printed forthwith, be- 
 cause it referred to the bill respecting marriage with a sister of a deceased 
 wife, then under discussion ; lb- (1880) 130. * Eule 86. Also Eng. S. O. 80. 
 
 ^ 139 E. Hans- (3) 453-5. Any previous notice will preclude its being at 
 once considered ; 75 E. Hans- (3) 894, 1264. 
 
 s 164 E. Hans. (3) 1178 ; 114 E. Com. J. 357. 
 
 ' Can. Com. J. (1867-8), 400 ; lb. (1880) 180; lb. (1882) 192, 261. 
 
 8 V. and P., March 19, 1875 ; Can. Com. J. (1877), 25. 
 
 " lb. (1877) 25; 112 E. Com. J. 155. 
 
326 PETITIONS. 
 
 VIII. Reflections on House or Members— If it shall be found 
 on inquiry that the House has inadvertently received a 
 petition which contains unbecoming and unparliamen- 
 tary language, the order for its reception will be read and 
 discharged.^ In the Lords, when a petition has been pre- 
 sented and afterwards found to be out of order, on account 
 of a reflection on the debates of the House, or on one of 
 its members, the Lords, on being informed of the fact, 
 have " vacated " the proceeding, and the member has been 
 given leave to withdraw the petition.^ It has also been 
 ruled in the English House of Commons that it is com- 
 petent for a member to move, without notice, that the 
 order for a petition to lie on the table be discharged, if an 
 irregularity has been committed with respect to such peti- 
 tion.' If a petition contain a prayer which may be 
 construed into a reflection on the action of the House, a 
 member will be justified in declining to present it.* 
 
 IX. Petitions to Imperial Authorities.— As a general rule the 
 Parliament of England receives petitions from British 
 subjects in all parts of the world.^ In the times previous 
 to the introduction of responsible government into Canada, 
 the right of petitioning the House of Commons was very 
 frequently exercised by the people of the several provinces 
 in order to obtain remedies for certain grievances ; but 
 there are now in these days of self-government very few 
 occasions when it is necessary to make such appeals to 
 the Imperial Parliament. It may also sometimes be 
 thought expedient to petition the sovereign, and in such 
 a case the constitutional procedure is to forward the peti- 
 tion through the governor-general. The rules of the colo- 
 nial service require that persons in a colony, whether 
 
 1 130 E. Com. J., 134, 145. 
 
 = 220 E. Hans. (3), 600. 
 
 3 228 lb. 1395-1400 ; Blackmore's Sp. D. (1882), 155-6. 
 
 ' 262 E. Hans. 859-60. 
 
 " Mr. Sp. Brand, April 7, 1876. Blackmore's Sp. D. (1882), 158. 
 
PETITIONS TO THE IMPERIAL GOVERNMENT. 32*7 
 
 public functionaries or private individuals, vpho have any 
 representations of a public or private nature to make to 
 the British government " should address them to the gov- 
 ernor, vfhose duty it is to receive and act upon such rep- 
 resentations as public expediency or justice to the individ- 
 ual may appear to require, v^ith the assistance in certain 
 cases of his executive council ; and if he doubts vphat steps 
 to take thereupon, or if public advantage may appear to 
 require it, to consult or report to the secretary of state." 
 Every individual has, however, the right to address the 
 secretary of state, if he thinks proper. But in this case " he 
 must transmit such communication, unsealed and in tri- 
 plicate, to the governor or administrator, applying to him 
 to forward it in due course to the secretary of state." 
 Every letter, memorial or other document, " which may be 
 received by the secretary of state from a colony otherwise 
 than through the governor, will, unless a very pressing 
 urgency justifies a departure from the rule, be referred 
 back to the governor for his report." This rule " is based 
 on the strongest grounds of the public convenience, in 
 order that all communications may be duly verified, as 
 well as reported upon, before they reach the secretary of 
 state." Petitions addressed to the queen, or the queen in 
 council, memorials to public ofiicers or boards in her Ma- 
 jesty's government, " must in like manner be sent to the 
 governor-general for transmission home." ^ In 878 a 
 large body of Roman Catholics in Ontario, petitioned the 
 queen with respect to a provincial act giving special 
 privileges to the Orange society in the province of New 
 Brunswick. This petition j was forwarded through Mr. 
 Isaac Butt, M. P,, to the secretary of state for the colonies, 
 who replied that, in accordance with the rules just cited, 
 all such communications should be transmitted to the 
 colonial office through the governor of the colony whence 
 
 1 Col. OS. Keg., 217, 218, 219, 220, 221, 222, 223. See C. O. List for 1891 
 p. 347. 
 
328 PETITIONS. 
 
 they proceed. Accordingly the petition was duly sent 
 back to the governor-general of Canada, for the informa- 
 tion of the dominion and provincial authorities.^ 
 
 ' E. Com. P., 1878, No. 389 ; Todd's P. G. in the Colonies, 356-7. 
 
CHAPTER IX. 
 
 ORDERS AND ADDRESSES FOR ACCOUNTS AND PAPERS. 
 
 I. Presentation of papers. — II. Their character. — III. Form of motions — 
 IV. Distinction between addresses and orders. — V. Returns in answer. — 
 VI. Carefulness in preparation. — VII. Motions for papers refused. — 
 VIII. Printing of documents. — IX. Joint committee on printing. 
 
 I. Presentation of Papers— By reference to the index of the 
 journals of the Canadian as well as the English House of 
 Commons, it will be seen that there are several pages ex- 
 clusively devoted to entries under the general head of 
 "accounts and papers." Here will be found an alphabet- 
 ical list of all the accounts, papers, and documents rela- 
 ting to the public service that may be ordered or laid be- 
 fore the House in the course of a session. By rule 1 9, parts 
 of Monday, Wednesday and Thursday are devoted to the 
 consideration of notices of motions, which comprise mo- 
 . tions for such papers and returns as members require for 
 their information on public matters. The number of pub- 
 lic documents, asked for and ordered every session, vary 
 from three to four hundred — the number having been 
 steadily on the increase since ISBT-S.^ 
 
 The documents laid annually before parliament are pre- 
 sented either by message or by command of his Excellency 
 the governor-general, or in answer to an address or order 
 of the House, or in pursuance ofanact of parliament. By 
 
 ^ The number asked for in 1877 was 293, and in 1882 it reached 411 — a 
 number verj' considerably in excess of that of previous years. The 
 figures in tbe journals by no means represent the actual number on the 
 paper ; at the end of the session of 1879 some 40 motions still remained 
 to be proposed, and the same is the case every year. 
 
330 ORDERS AND ADDRESSES. 
 
 rule 106 "it is the duty of the clerk to cause to be printed 
 and delivered to every member, at the commencement of 
 every session of parliament, a list of the reports or other 
 periodical statements which it is the duty of any oflBicer 
 or department of the government, or any bank or other 
 corporate body to make to the House, referring to the act 
 or resolution and page of the volume of the lavv^s or jour- 
 nals v^herein the same may be ordered, and placing under 
 the name of each officer or corporation a list of reports or 
 returns required of him, or it, to be made, and the time 
 vfhen the report or periodical statement may be expected." 
 
 II, Character of Papers— The returns laid on the tables of 
 the Houses eA^ery session by command of his Excellency, 
 comprise the reports of the ministers of the several depart- 
 ments of the government, public works, militia, post- 
 office, marine and fisheries, etc. , which are printed in the 
 two languages in the shape of " blue books." Among the 
 papers required by law are : lists of stockholders of banks, 
 general statements and returns of baptisms, marriages and 
 burials in Quebec, reports of judges relative to the trial of 
 controverted elections, and various other matters regulated 
 by statute.^ The reports of the several departments of the 
 government are laid annually before parliament in ac- 
 cordance with the statutes organizing such departments." 
 Certain papers are also periodically laid before parlia- 
 ment by a message from his Excellency the governor-gene- 
 ral. The estimates of the sums required for the service of 
 the dominion must always be brought down in this way, 
 in accordance with constitutional usage. ^ Despatches from 
 the secretary of state for the colonies are always sent down 
 
 ' See index to journals of Commons (accounts and papers), where an 
 entry is made of the authority under which every return is laid before 
 parliament. 
 
 ^ See supra 54-6, where diflferent statutes, organizing departments, are 
 cited. 
 
 ^ See chap. xvii. on Supply, sec. 4. 
 
CHARACTER OF PAPERS. 331 
 
 by the governor-general/ and so are all papers relative to 
 royal commissions and other matters affecting imperial in- 
 terests or the royal prerogative.^ No documents can be re- 
 gularly laid before the House unless in pursuance of some 
 parliamentary authority. In the session of 1819, the 
 speaker called the attention of the House to the fact that 
 he had received a communication from the Beciprocity 
 and Free Trade Association of England, vfith respect to 
 the Canadian tariff, then the subject of discussion in par- 
 liament. He decided that individuals outside of the 
 House could only approach it properly by petition, and 
 that the document in question was a mere declaration, and 
 could not be presented by a member. He took this 
 occasion of stating that no documents can be regularly 
 laid before parliament, unless by message from the gover- 
 nor-general, or in answer to an order or address, or in 
 pursuance of a statute requiring their production.' Every 
 session papers are received by the speaker from municipal 
 councils, foreign associations, and individuals, with res- 
 pect to public matters, but their receipt is simply acknow- 
 ledged by officers of the House, since there is no authority 
 to lay them before parliament.* If it were permitted to 
 
 1 N. A. Boundary Com., 1877; Irish Belief Grant, 1880. 
 
 2 Northern R E. Com., 1877. 
 
 ^Can. Hans. (1879), 1453. In 1879, a communication from the senate 
 of the legislature of the state of Michigan on the subject of proposed legis- 
 lation was laid on the table of the upper house of the dominion parlia- 
 ment on the ground that it was only courteous to receive such a document 
 from a cognate legislative body. Deb. 371 ; Jour. 176. This was a most 
 unusual proceeding. In February 1885, Mr. Speaker Kirkpatrick received 
 by telegraph a resolution from the legislature of British Columbia, re- 
 specting the disallowance of an act (Chinese immigration). As he had 
 no precedent permitting him to lay such a document before the Commons, 
 he telegraphed to the speaker of the assembly to have an address sent 
 to the governor-general. Author's notes. 
 
 * For instance, a resolution was received from the city council 
 of Ottawa, May 6th, 1887, on the subject of Home Rule in Ireland, and in 
 accordance with the usual practice an acknowledgment of its receipt 
 was sent to the proper municipal authority. 
 
332 ORDERS AND ADDRESSES. 
 
 lay sucti documents indiscriminately on the table, much 
 confusion and inconvenience would naturally follow, and 
 the rules and usages that have long properly governed 
 the production of public papers would be evaded. 
 
 III. Porm of Motions-— Returns and papers are moved for 
 in the form either of an address to the governor- general, 
 or of an order of the House. A motion for an address 
 should always commence with the prescribed words : 
 
 « ]v[i.. moves that a humble address be presented to his 
 
 Excellency, the Governor-General, praying that his Excellency 
 will cause to be laid before this House, etc.," 
 
 In the case of an order of the House, it is simply neces- 
 sary to make this motion : 
 
 "Mr. moves that an order of the House do issue for," 
 
 etc. 
 
 IV. Distinction between Addresses and Orders- — Previous to 
 the session of 1S16, it was customary to move for all 
 papers by address to the governor-general, but since that 
 time the more regular practice of the English Houses has 
 been followed. It is now the usage to move for addresses 
 only with respect to matters affecting imperial interests, 
 the royal prerogative, or the governor in council. On the 
 other hand, it is the constitutional right of either House 
 to ask for such information' as it can directly obtain by its 
 own order from any department or officer of the govern- 
 ment. It is sometimes difficult to make a correct applica- 
 cation of this general principle ; ^ but the following illus- 
 trations of recent practice will show the distinction that 
 should be drawn between addresses and orders : 
 
 Addresses are moved for papers and despatches from the 
 imperial government ; ^ for orders in council ; ^ for cor- 
 
 ' May (623) states that the same difficulty exists in the English 
 Commons. 
 ^ Can. Com. J. (1877), 151 ; lb. (1878), 121- 
 3 lb. (1877), 46, 56 ; lb. (1878), 63-4. 
 
DISTINCTION BETWEEN ORDERS AND ADDRESSES. 333 
 
 respondence between the dominion, British and foreign 
 governments,' or between the dominion and provincial 
 governments,^ or between the dominion government and 
 any companies, corporations, or individuals ; ' for infor- 
 •mation respecting a royal commission ; * for instructions 
 to the governor-general." Memorials and other papers re- 
 lating to the government of the Northwest Territories, 
 are brought down also by address.^ 
 
 On the other hand, papers may be directly ordered 
 when they relate to canals and railways, post-office, cus- 
 toms, militia, fisheries, dismissal of public officers, har- 
 bours and public works, and other matters under the 
 immediate control and direction of the different depart- 
 ments of the government/ Correspondence with persons 
 in the employ of the government, and in the possession of 
 a department are ordered.^ Petitions and memorials not 
 in the possession of the House, but addressed to the gov- 
 ernor-in-council, and including memorials for public aid, 
 must be asked for by address ; ^ but petitions addressed to 
 a particular department are directly ordered.^" Returns of 
 petitions of right and cases before supreme and exchequer 
 courts are brought down on an address." Returns relative 
 to tbe trial of election cases before judges,^^ and the 
 
 ' Can. Com. J. (1877), 21, 22, 35, 109 ; lb. (1878), 44. 
 •' lb. (1877), 204; lb. (1878), 65; lb. (1882), 166, (for a copy of a resolu- 
 tion passed by a provincial legislature, and transmitted to his Excellency.) 
 5 lb. (1877), 21, 22, 45, 191. But this is not done invariably. 
 * lb. (1878), 65. 
 5 lb. (1882), 326. 
 « lb. (1886), 145 ; lb. (1890), 55. 
 ' See index to journals for 1890 (" accounts and papers"). 
 
 8 Can. Com. J. (1878), 124 (Serj. Hart); 125 (Mr. Perley). 
 
 9 lb. (1877), 93; lb. (1878), 124; lb. (1879), 59. On the same principle 
 memorials to the secretary of state for the home department in England 
 have been asked for by address ; 129 E. Com. J. 95- 
 
 '0 Can. Com. J. (1882), 357. 
 
 " lb. (1878), 125 ; lb. (1880), 80. 
 
 " 129 E. Com. J. 157, 158. 
 
334 ORDERS AND ADDRESSES. 
 
 expenses of returning oflB.cers and candidates at elections/ 
 are by address , but the clerk of the crown in chancery- 
 will lay on the table, in obedience to an order, returns 
 showing number of votes polled in electoral districts and 
 other facts as to a general election.^ Returns relative to 
 the administration of justice^ and the judicial conduct of 
 a judge * are properly asked for by address. Papers in the 
 possession of harbour commissioners — a body not directly 
 under the control of the government — are also moved for 
 by address."^ Eeturns respecting confidential printing are 
 by address, when such printing is done by order in coun- 
 cil." Papers relative to the exercise of the prerogative of 
 pardon must be sought in the same mode.^ Memorials to 
 heads of departments or bodies immediately under the 
 control of a department are ordered by the House.^ The 
 House directly orders returns (and the clerk may lay them 
 on the table) relative to business of the House ; for in- 
 stance, return of number of divisions, of public and pri- 
 vate bills, of select committees, etc.** The Senate does not 
 observe the distinction drawn in the Commons between 
 orders and addresses.'" 
 
 1 129 E. Com. J. 50, 64, 147 ; 137 lb. 258 ; Can. Com. J. (1879), 30. But 
 the House has sometimes ordered them, though the strict English prac- 
 tice appears to be as above; Can. Com. J. (1883), 168. See a return asked 
 for in 1885, relating to dates of issue of warrants and writs, of nomina- 
 tions and pollings, of returns of writs ; information in the possession of 
 the clerk of the House and of the clerk of the crown in chancery asked 
 for by order. Can. Com. J. 111. ' Can. Com. J. (1883) April 9. 
 
 =* 129 E. Com. J. 79, 98, 203 ; 132 lb. 392. 
 
 * Can. Com. J. (1882), 25. ^ lb. (1878), 90. 
 
 " lb. (1882), 25. ' lb. (1882), 157. 
 
 8 129 E. Com. J. 72, 80, 241, 366. 
 
 ^ 129 lb. 336, 369; Can. Com. J. (1878), 40, 54 ; 199, 208. 
 
 '» Sen. J. (1880-81), 188 (silver coin) ; 199 (public service) ; 285 (eel fish- 
 ery); lb. (1882), 126 (P. E. Island); lb. (1883), 257 (Militia). But the 
 distinction is evidently observed in the Lords- For orders, see 114 Lords' 
 J. 48, 53, 82, 88, 93, 109. For addresses, lb. 61 (Corresp. with gov.-gen. of 
 India) ; 113 (Corresp. with United States Govt.) ; 129 (international com. 
 mission) ; 158 (judicial proceedings). 
 
ANSWERS TO ORDERS AND ADDRESSES. 335 
 
 V. Returns in Answer-— As soon as these addresses and orders 
 have been passed by the House, they are engrossed and 
 forwarded immediately by the clerk of the House to the 
 secretary of state, who will send them to the proper 
 department or officer for the necessary answer. When 
 the department or person, whose duty it is to furnish the 
 information, has prepared it, he will return it to the 
 secretary of state, who will take the earliest opportunity 
 of laying it before parliament through the medium of a 
 minister of the Crown. It is the practice for each minis- 
 ter in the House of Commons to present the returns 
 relative to his own department.^ 
 
 These returns are furnished by the departments of the 
 government with as much speed as is practicable, but it 
 often happens that a large number cannot be prepared in 
 time to be laid before the House during the same session 
 in which they are ordered. In such a case, returns are 
 often presented during the following session,^ and papers 
 have even been brought down several years after having 
 been ordered^ A prorogation, however, nullifies the 
 effect of an order, and the strict practice is to make a 
 motion in the next session,^ or read the order of the pre- 
 vious session, and order the return immediately.^ But it 
 is now frequently found most convenient — indeed, it has 
 almost become an established practice — to bring down in 
 the following session all papers of general importance 
 without a renewal of the order.^ 
 
 All papers laid on the table are kept in the custody of 
 the officers of the House, and may be consulted at any 
 time in the journals office. All the important papers are 
 generally ordered to be printed, as it will be presently 
 
 1 Can. Com. J. (1877), 12, 50, 354-356 ; lb. (1883), 328. 
 
 ^ lb. (1877), 38, 55, 62 ; lb. (1879), 39. 
 
 3 lb. (1877), 284. * May, 627. 
 
 5 114 E. Com. J. 371. 
 
 "Can. Com. J. (1882), 104, 142. 
 
336 ORDERS AND ADDRESSES. 
 
 shown.^ When returns have once been presented to the 
 House, it is in order to refer them to a standing or select 
 committee.^ 
 
 VI- Carefulness in Preparation-— Every motion for a return 
 should be very carefully prepared so that the member 
 may obtain the exact information he requires. In case a 
 motion is vaguely expressed, or asks for more information 
 than it is in the power of the government to give, or 
 otherwise requires amendment, the member wrho makes 
 it will generally be allowed to amend it with the unani- 
 mous consent of the House ; and in such a case the 
 speaker will always again read the motion so amended. 
 In this way the convenience of members, in exceptional 
 cases, is consulted ; but it is necessary, in order to save 
 the time of the House, that each motion should be care- 
 fully framed at the outset, as it cannot be changed (except 
 by general consent) when it is once proposed by the chair 
 in accordance with the notice. Keturns are frequently 
 laid on the table by a minister without a motion having 
 been formally made for their production. This is gene- 
 rally done in cases where an important debate is at 
 hand or in progress, and as there is no time to make a 
 formal motion, the government will give every informa- 
 tion in their power to the House- This, however, is a 
 matter of courtesy and convenience and not obligatory 
 on the part of a minister.^ 
 
 Every care should be taken by the department or officer 
 whose duty it is to furnish the return, to have it strictly 
 in accordance with the terms of the address or order. If 
 a person neglects to furnish a return or frames it so as to 
 mislead the House, it will be considered a breach of priv- 
 
 1 Infra, 343. 
 
 2 Can. Com. J. (1874), 103. 220; Ih. (1876), 98; lb. (1877), 59, 153, 211 
 lb. (1890), 54. 
 
 ^ Can. Com. J. (1874), 76, consolidated fund expenditure. 
 
REFUSAL OF PAPERS. 337 
 
 ilege, and he will be reprimanded or more severely pun- 
 ished according to the circumstances of the case. ^ 
 
 Vn. Motions for Papers Refused.— Whilst members have 
 every facility afforded them to obtain all the information 
 they require on matters of public concern, occasions may 
 arise when the government will feel constrained to refuse 
 certain papers on the ground that their production would 
 be inconvenient or injurious to the public interests. A 
 high authority writes on this point : " Considerations of 
 public policy, and a due regard to the interests of the 
 state, occasionally demand that information sought for by 
 members of the legislature should be withheld, at the 
 discretion and upon the general responsibility of minis- 
 ters. This principle is systematically recognized in all 
 parliamentary transactions ; were it otherwise, it would 
 be impossible to carry on the government with safety and 
 honour."^ Consequently, there are frequent cases in 
 which the ministers refuse information, especially at some 
 delicate stage of an investigation or negotiation ; ' and in 
 such instances the House will always acquiesce when 
 suiiicient reasons are given for the refusal. On this 
 account, members will sometimes consent to withdraw 
 their motions ; or in case only a part of the information 
 sought for can be brought down they will agree to such 
 alterations as the minister may show to be advisable in 
 the public interests. Sometimes the government may be 
 obliged to withhold all information at the time, or they 
 may be able to put the House in possession of only a part 
 of the correspondence.^ But it must be remembered that 
 
 1 90 E. Com. J. 575 ; 96 lb. 363 ; Mirror of P. 1841, vol. 23, pp. 2014-5 ; 
 81 Lords' J. 134 ; 82 lb. 89 ; May, 626. 
 
 2 Todd's Pari. Gov. in England, i. 440 e« seq.; 173 E. Hans. (3), 1054 ; Mir. 
 of Pari. 1837-8, p. 658; Can. Hans. (1878), 1653. 
 
 3 Sen. Hans. (1880), 77, 469 (Sir A. Campbell) ; Mirror of P., 1841, p. 
 1032 ; 157 E. Hans. (3), 1177. 
 
 * Can. Hans. (1877), 58-9. 
 22 
 
338 ORDERS AND ADDRESSES. 
 
 under all circumstances it is for the House to consider 
 whether the reasons given for refusing the information 
 are sufficient. The right of parliament to obtain every 
 possible information on public questions is undoubted, 
 and the circumstances must be exceptional, and the 
 reasons very cogent, when it cannot be at once laid before 
 the Houses. 
 
 Papers have been refused on the ground that it would 
 be wholly without precedent to produce them.^ Estimates 
 and reports of the engineers of the public works, in many 
 cases, are considered confidential.^ As a rule the opinions 
 of the law officers of the crown are held to be ''private 
 communications " when giA^en for the guidance of minis- 
 ters, and may be properly refused by the government.' 
 But there are occasions when it may be convenient to lay 
 them before parliament ; and that is a matter within the 
 discretion of the government. If such a document is read 
 
 1 211 B. Hans. (3), 1725. 
 
 2 Can. Hans. (1878), 510, Lachine canal. lb. (1879), 45, Carillon works. 
 Also 1080- Remarks of Sir C. Tapper, minister of public works, on 
 the subject of presenting a report of the engineers on tenders sulpmitted 
 for the construction of the Canada Pacific R.R. — this report being to a 
 certain extent confidential. It will be seea from the debate on this occa- 
 sion that leading members like Mr. Helton and Mr. Mackenzie acknow- 
 ledged that ministers could, in particular cases, with propriety refuse 
 making public certain official papers. Mr. Mackenzie expressed his 
 opinion that everything that referred to the giving out of contracts, of a 
 technical and public nature ; everything except the moral and personal 
 reasons why any persons had been passed over, should be laid before the 
 House; p. 1083. Also Mr. Pope (Canadian Pacific R.E.), Can. Hans., 
 1885, p. 122. The reports of inspectors of post ofiices are generally con- 
 sidered as confidential ; Can . Hans. (1890), 518 (Mr. Haggart). 
 
 'Mirror ofP. 1830, pp. 387,1877-1879; 1840,p. 2120; 74 E. Hans. (3), 
 568 . See reply of Lord Gosford to an address of the assembly, Lower 
 Canada, Dec. 11, 1835 ; Jour. 1835-6, p. 263. The same rule applies to 
 communications between law ofiicers of the Crown respecting particular 
 trials; or the judge's notes taken at a trial; Mirror of P. 1830, pp.527, 
 1687-1688 ; Todd, i. 576; Can. Hans- (1885), 89 (Exchange Bank). Or to 
 coroner's notes, which, as they partake of a judicial character, can be pro- 
 duced only with the consent of the officer himself ; Mirror of P., 1841, 
 p. 2207. 
 
GOVERNOR-OENERAVS DESPATCHES. 339 
 
 in the House, it becomes a public paper, and may be 
 called for.^ The practice of asking for reports from 
 officers, addressed to particular departments of the execu- 
 tive government, has also been considered most objec- 
 tionable.^ 
 
 Certain papers have also been refused in the Canadian 
 Commons on the ground that the " governor-g-ineral, 
 acting as an executive officer of the imperial government, 
 reserves to himself the right of withholding from parlia- 
 ment any documents, the publication of which might, in 
 his judgment, be prejudicial to the public service. That 
 with respect to communications from the secretary of 
 state, marked 'private and confidential,' it is not com- 
 petent for the governor-general to give copies of such cor- 
 respondence without the express sanction of the secretary 
 of state. That this rule equally applies to letters written by 
 the governor-general to third parties, communicating con- 
 fidentially to them, or referring to^the contents of private 
 and confidential letters from the secretary of state, and to 
 answers received hj the governor-general to such letters."' 
 
 Before leaving this point, it is useful to note here that 
 the colonial office has laid down certain rules for the 
 guidance of governors in their communications with the 
 imperial authorities. Where responsible government is 
 established the governor is generally at liberty to com- 
 municate to his advisers all despatches not " confidential." 
 By a circular of 10th of July, 18Y1, despatches are reclassi- 
 fied : 1. Numbered, which a governor may publish unless 
 directed not to do so. 2. Secret, which he may, if he 
 thinks fit, communicate, under the obligation of secrecy, 
 to his executive council, and may make public if he deems 
 it necessary. 3. Confidential, which are addressed to a 
 governor personally, and which he is forbidden to make 
 
 1 187 E. Hans. (3), 219, &c. ; also 149 lb. 178. 
 ^ 177 lb. 961,1402, 1455 ; 178 lb. 154. 
 ^ Can. Com. J. (1867-8), 275. 
 
340 ORDERS AND ADDRESSES. 
 
 known without the express authority of the secretary of 
 state.^ " Numbered " despatches are always laid before 
 parliament on the responsibility of ministers.^ But it is 
 " a general and reasonable rule that despatches and other 
 documents forwarded to the imperial government should 
 not be published until they shall have been received and 
 acknowledged by the secretary of state, and that no con- 
 fidential memorandums passing between ministers and 
 the governor should be laid before the colonial parliament 
 except on the advice of the ministers concerned." ^ 
 
 In ISYS, Mr. Lanthier asked that the House pass an ad- 
 dress for certain plans and papers relative to the division 
 line between Upper and Lower Canada. The premier 
 (Mr. Mackenzie) objected to the adoption of the address 
 on the ground that the documents asked for were not in 
 the possession of the dominion government, and that they 
 were wanted, according to the statement of the mover, for 
 purposes of private litigation. The motion was then with- 
 drawn in view of the strong objection taken by the go'' 
 ernment to the production of the plans.* 
 
 In the same session the premier refused to bring down 
 a statement in detail of the expenses of the governor-gene- 
 ral during his visit to the Pacific coast, and contended 
 that the House could find all the necessary information in 
 the public accounts, and that it would be disrespectful to 
 his Excellency to demand more than was given in these 
 accounts. Prominent members did not doubt the right of 
 a member to make such a motion, but only regretted that 
 he had thought proper to press it. After considerable de- 
 bate on the subject, an amendment was accepted to meet 
 the difficulty in which the House was obviously placed.** 
 
 1 Col. Beg. 165-188; C. O. List, 1891, pp. 344, 345. 
 
 2 New Zealand H. of K. Jour., 1871, app. vol. I., p. 14 ; Pari. Deb. viii. 140. 
 ^ See Todd's Pari. Gov. in the Colonies (93-99) where this question is 
 
 fully reviewed. * Can. Hans. (1878), 389-92. 
 
 5 Can. Hans. (1878), 510-25. See Sir Charles Dilke's motion with res- 
 pect to the civil list ; only two voted for his motion ; 276 against ; 210 E. 
 Hans. (3) 251-318. 
 
GROUNDS FOR DEMANDING PAPERS. 341 
 
 In the session of 18*19, Mr. Williams mored for a copy 
 of all papers and correspondence that might have passed 
 between Lord DufTerin (governor-general) and the mem- 
 bers of the late Mackenzie administration on certain dis- 
 missals from office. The premier (Sir John Macdonald) 
 informed " the hon. member that the official correspond- 
 ence between the governor-general and his advisers for 
 the time being could not be brought to the House. If 
 there was any such official correspondence on record, and 
 his Excellency would allow its production, and the public 
 interests would not be injured thereby, there could be no 
 objection to laying it before the House, but not otherwise '" 
 
 From discussions in the English parliament it appears 
 that the document, of which it is proposed to order a copy, 
 must be official in its character, and not a mere private 
 letter or paper.^ The paper asked for must relate to a sub- 
 ject or matter within the legitimate powers and functions 
 of parliament. "Where the production of papers was ob- 
 jected to on the ground that the subject to which they 
 related was one which belonged to the jurisdiction of the 
 ordinary tribunals, and with which parliament had no 
 authority to interfere, and that the only use which could 
 be made of the documents would be as evidence against 
 the claims of the party called upon to produce them, the 
 motion was refused.^ Neither is it a proper ground for 
 the production of papers that they will either prove or 
 disprove an assertion made by a member on some former 
 occasion ;* or that they will enable the mover to proceed 
 individually upon a charge against a party, whom he de- 
 sires to bring before some other body or tribunal ^ A 
 sound rule, generally observed by the House is that pro- 
 
 tean. Hans. (1879), 492. 
 11 E. Hans. (1), 271; Gushing, pp. 364-5; 11 Pari. Eeg. 128; 74 E. 
 Hans. (3), 865. 
 3 15 M. Hans. (N. S.), 194-202. 
 * 22 lb. (1), 120, ^ 16 lb. (3), 194-5. 
 
342 OEDERS AND ADDRESSES. 
 
 ceedings before a court of justice are not given, except for 
 public purposes, and still more is this the rule when a 
 case is pending and the ultimate decision not yet reached. 
 It has, however, been distinctly laid down by eminent 
 English authorities that the inquisitorial jurisdiction of 
 parliament could not be limited to such " public institu- 
 tions " only as were the recipients of public money ; but 
 " that when an institution is established to assist in pro- 
 moting the cultivation of arts, or other strictly public 
 object, it could not be denied that the House had a right 
 to inquire into its affairs, even though it did not receive 
 public aid," ^ And on a later occasion it was declared by 
 Sir Eobert Peel that '' where parliament has given peculiar 
 privileges to any body of men (as for example, banks or 
 railway companies) it has a right to ask that body for in- 
 formation upon points which it deems necessary for the 
 public advantage to have generally understood." The 
 great point to be aimed at in such inquiries he considered 
 to be " that while you extract all the information the 
 public require to have, you should, at the same time, 
 avoid all vexatious interference in the details of the 
 business of the respective undertakings." ^ 
 
 All the departments of the public service are kept most 
 laboriously employed every session in furnishing infor- 
 mation required by members of the two Houses. The 
 expense entailed in this way is necessarily very large. 
 The right of a member to obtain every information from 
 the government within the limits previously described, 
 is so undoubted that it seems almost beyond the power 
 of a minister to keep the practice within narrower bounds 
 and thereby save much public money. It is quite obvi- 
 ous, however, that no member should move for papers 
 
 1 Mr. Blake, Can. Hans. (1885), 704. Sir Eobert Peel and Lord John 
 Russell, in case of Royal Academy, Mirror of P. 1839, pp. 4238, 4503 ; 
 Todd, i. 452-453. 
 
 '' Mirror of P. 1840, p. 4840 ; also lb. 1828, p. S25. 
 
PRINTING. 343 
 
 except on sufficient grounds. It is clearly laid down by 
 the most eminent of English parliamentarians that it is 
 incumbent upon the mover to state the reasons upon 
 which his motion is founded, that the House may judge 
 of the necessity, importance and expediency of calling for 
 the papers which are the subject of that motion.^ 
 
 Vin. Printing of Documents.— All the papers and returns 
 laid on the table of the House in the course of a session 
 give a vast amount of information relative to questions of 
 public interest. It is consequently usual to have all 
 documents of an important nature printed as soon as pos- 
 sible. The practice of the Senate with respect to the 
 printing of public documents is the same as that of the 
 Commons. Rule 84 of that House simply provides . 
 
 " All papers laid on the table stand referred to the joint com- 
 mittee on printing, who decide and report whether they are to be 
 printed." 
 
 But it is not unusual in the Senate for the chairman of 
 a committee to move that certain papers be printed with- 
 out reference to the printing committee, and the House 
 has so ordered accordingly ; but this is only done for the 
 immediate information of members.^ As a rule the print- 
 ing of all documents is" left to the special supervision of 
 the printing committee, which regulates the number of 
 documents and the mode of printing for both Houses. 
 
 Until 1887 it was usual to delay the public issue of the 
 departmental reports until they were formally laid on the 
 tables of the Houses by the ministers, and to remedy such 
 an inconvenient system, which kept back useful and im- 
 portant information frequently for months, it was ordered 
 in the session of that year that all such blue-books for 
 each fiscal and calendar year '' should be in future made 
 
 1 Lord Melbourne, Mirror of P. 1838, p. 5387. Also 11 Pari. Eeg. 132, 
 133 ; 2 Cav. Deb. 237. Can. Hans. (1879), 1265-7. 
 ■' Sen. J. (1875), 176 ; lb. (1878), 99, 129. 
 
344 ORDIJRS AND ADDRESSES. 
 
 public as soon as practicable after the same are pre- 
 pared."' 
 
 IX. Joint Committee on Printing— The joint committee on 
 printing, which is composed of members of both Houses, 
 is appointed at the commencement of every session like 
 the other standing committees.^ In the old legislature of 
 Canada the expenses of the public printing became so 
 enormous under an exceedingly loose system, that it was 
 at last found necessary to take measures to introduce 
 greater economy into this service. In the session of 1858 
 an inquiry was instituted with this object in view, and a 
 report was presented by a committee of the legislative 
 council, reviewing the whole subject, and very clearly 
 showing the economical advantages that would result 
 from certain proposed improvements. The report specially 
 recommended that, at the commencement of each session, 
 a joint committee should be appointed, composed equally 
 of members of both Houses, whose duty it should be to 
 determine what matter should be printed, as well as the 
 manner of printing it.^ This plan was favourably enter- 
 tained by the legislative assembly, and in the session of 
 1859 the first joint committee on printing commenced its 
 labours.' Under its authority the former practice of print- 
 ing indiscriminately almost every document was aban- 
 doned, and a more economical system of printing only 
 such documents and returns as are necessary for public 
 information was established. Step by step the public 
 printing was brought under perfect parliamentary con- 
 trol. The result was, from the economic point of view, 
 satisfactory. For some years the printing service was 
 
 ' Can. Com. J. (1887), 92 ; Hans., 5th of May. The convenience of such 
 an arrangement was found in 1890-91, when parliament did not meet un- 
 til 29th of April, 1891. 
 
 '' iSee chapter xvi. on select committees, s. 1. 
 
 » Leg. Coun. J. (1858), 215-222. 
 
 * Leg. Ass. J. (1861), 146. 
 
PRINTINO. 345 
 
 performed by tender and contract, under the directions of 
 the committee, which reported its recommendations to 
 the Houses, which might or might not concur in the 
 committee's conclusions.^ This contract system lasted 
 for many years, but all the public printing is now 
 done at a government printing office. The first change 
 took place in connection with the Canada Gazette and the 
 departmental printing. In 1869, an act was passed for 
 the appointment of a queen's printer for Canada, under 
 whose superintendence the Canada Gazette, the statutes 
 and departmental printing had to be performed." In 
 1888, a department of public printing and stationery was 
 established as a branch of the public service, under the 
 direction of the secretary of state of Canada.' This depart- 
 ment is managed by a queen's printer and controllor of 
 stationery — who is a deputy head, appointed by com- 
 mission under the great seal, — a superintendent of print- 
 ing, a superintendent of stationery, an accountant, and 
 some minor officials. A government establishment was 
 organized at Ottawa, under the management of the super- 
 
 ^ Can. Com. J, (1869), 199, 224, 247, 265. In this case the committee re- 
 ported in favour of certain tenders from Hunter, Rose & Co. ; but the 
 House did not concur in the report, and referred it back with an instruc- 
 tion that the committee should accept the lowest tender, I. B. Taylor's. 
 The committee then simply reported the lowest tender, and left the 
 House to decide finally. 
 
 '' For many years in old Canada the public printing was a monopoly, 
 but by the death of Mr. Stuart Derbishire, in 1863, the queen's printer- 
 ship, which was held by him under a royal patent, became vacant. Mr. 
 Malcolm Cameron was appointed in his place, and carried on the depart- 
 mental printing and the Canada Gazette in conjunction with Mr. Des- 
 barats, the surviving partner of Mr. Derbishire (Pari. Deb. 1863, p. 121 ; 
 1865, p. 16). The feeling, however, on both sides was to have a change 
 also with respect to the Gazette and departmental printing (Leg. Ass. J. 
 1862, p. 315) ; and the dominion government, in 1869, at last took the 
 question up, and the result was the passage of the act 32-33 Vict., c. 7. 
 
 ^ But the statute provides that the governor in council may designate 
 any other member of the privy council when necessary to preside over 
 this department. 
 
346 ORDERS AND ADDRESSES. 
 
 intendent of printing, for the purpose of executing all 
 stereotyping, lithographing, binding and other work of 
 like nature required for the service of the parliament and 
 government of Canada. The stationery branch purchases 
 all printing papers, stationery, books and supplies of all 
 kinds of that character required for the use of the parlia- 
 ment and the government, and has charge of the sale of 
 all the official publications of Canada. All purchases of 
 books and stationery required for the public service are 
 made by the new department upon requisitions duly fur- 
 nished by the clerks of the two Houses and the proper 
 officers of the departments. The Canada Gazette, the 
 statutes and all departmental and other official reports 
 are printed by this bureau. 
 
 Provision is also made in the law^ ^ for the thorough 
 audit of all accounts for any of the services under the 
 control of the department. The joint committee of the 
 two Houses continues to discharge practically all the im- 
 portant functions that have for so many years devolved 
 upon it with regard to the printing of parliament " It 
 has the services, as formerly, of an officer designated by 
 itself to attend to all matters within its jurisdiction.* 
 
 The salaries of the employes are fixed by the committee 
 and any increases or diminutions are recommended to 
 the Houses for their sanction.* In the session of 1878, 
 objection was taken to a report of the committee, recom- 
 mending an increase of salary, on the ground that a com- 
 mittee could not make such a recommendation. It was 
 shown, however, to the satisfaction of the House that the 
 committee had always exercised the power to nominate, 
 and fix the salaries of its employes, subject, of course, to 
 the approval of the Houses. The committee simply dis- 
 
 ^ Eev. Stat, of Can., c. 27 ; am. by 51 Vict., c. 17- 
 ■' Can. Com. J. (1888), 315; lb. (1889), 178-188 ; lb. (1890), 290-295. 
 3 51 Vict., c. 17, s. 1. 
 
 * Can. Com. J. (1870) 248, 288 ; Can. Hans. (1878), 2253-4; Jour. 131, 226. 
 lb. (1890), 290-295, 313. Sen. J. (1890), 171-177, 192. 
 
PRINTING. 34*7 
 
 tributes the moneys set apart by parliament for this pur- 
 pose/ 
 
 The committee sits very freq uently during the session, 
 and the clerk lays before it all the returns according as 
 these are placed on the table of the House, and then it 
 decides what documents ought to be printed, and reports 
 the result of its deliberations, so that members may know 
 what has been done with the papers in which they are 
 interested. All the important papers and returns are 
 printed in the sessional 'papers — the reports of committees 
 always in the appendix to the journals.^ A certain num- 
 ber of printed copies of papers are distributed to each 
 member. The committee has allotted to it " a joint room 
 for the distribution of printed papers for both Houses," 
 and arranges the number of documents that are to be 
 annually given to members of parliament and others.^ 
 It is usual to let the reports lie on the table for a day or 
 two, and then to move for their adoption when " motions" 
 are called during the progress of routine business. The 
 motion for concurrence is generally allowed to be proposed 
 without notice when the report only refers to the printing 
 of documents, but objections may be taken on that ground 
 at any time ; and it is the practice to give the necessary 
 notice in all cases which are likely to provoke controversy 
 and debate."* 
 
 "When a member wishes to direct the special attention 
 of the printing committee to a paper, he may give notice 
 
 ' Can. Hans. (1878), 2201-2203 ; 2253-2254. Also for new appointments 
 by committee, see Jour. (1880), 54, 62 ; lb. (1883), 79, 80. 
 
 ^ Can. Com. J. (1876), 135, &c. 
 
 3 Can. Com. J. (1867-8), App. No. 2 (3rd and 13th Reports); lb. (1869), 
 App. No. 2 ; lb. )1874), 271 ; lb. (1875), 118. The distribution of docu- 
 ments was rearranged in 1878, pp. 220, 254, App. No. 3 ; Sen. J. pp. 
 218-230,265. Number of votes and bills was increased in 1879, Com. J. 
 56, 78. See also lb. (1890), 290, 313. 
 
 * See Com. J. (1880), 364. Also chapter xvi. on select committees, 
 s. 8. 
 
348 ORDERS AND ADDRESSES. 
 
 of a motion that it be printed ; and this motion must go 
 to the committee under the following rule : 
 
 "94. On a motion for printing any paper being offered, the 
 same shall be first submitted to the joint committee on printing 
 for report, before the question is put thereon.'' 
 
 This rule was not strictly enforced for some sessions after 
 1SQ1. Motions for the immediate printing of documents 
 have been proposed and adopted, without reference to 
 the committee, or the suspension of the standing order.^ 
 Sometimes the rule has been suspended, and the order 
 given immediately for printing — a regular proceeding in 
 case of urgency.^ But if objection be taken, the motion 
 cannot be put.^ Members have also moved " to refer " 
 certain papers to the committee, or to instruct it to con- 
 sider the propriety of printing certain documents ; and 
 such motions have been put from the chair.* No motions, 
 however, for the printing of papers are now put from the 
 chair, but are simply entered on the journals as referred 
 in accordance with the rule." If a member is not satisfied 
 with the report of the committee at any time, he can move 
 against it on the motion for concurrence.'' Sometimes re- 
 ports are only agreed to in part.^ The committee has 
 frequently reconsidered previous decisions without a mo- 
 tion formally proposed in the House to refer the matter 
 back for further deliberation.'* At other times, the report 
 has been amended by the committee itself when referred 
 
 ' Can. Com. J. (1867-8), 43 ; lb. (1870), 30 ; lb. (1873), 20, 49. A paper 
 of a previous session has been referred to the committee on motion, lb. 
 (1890), 221. 
 
 ^ lb. (1871), 20 ; lb. (1880), 160. Can. Hans. (1877), 686. 
 
 ' lb. (1890), 2911-2914. 
 
 * Can. Com. J. (1876), 71 ; lb. (1867-8), 157 ; lb. (1882), 192. 
 
 ° lb. (1877), 47, 124, 132, &c. : lb. (1879), 353 ; lb. (1883), 391. Mr. Sp. 
 Anglin questioned the propriety of any debate on such a motion. Can. 
 Hans. 1877, Feb. 19 ; also, lb. p. 686. 
 
 « Can. Com. J. (1874), 304. 
 
 ' lb. (1867-8), 224 ; lb. (1879), 326. « lb. (1873), 415. 
 
PRINTING. 349 
 
 back for reconsideration,^ ihe more regular proceeding, 
 since it gives power to the committee to revise its former 
 judgment on a question.^ 
 
 ' Can. Com. J. (1883), 236 ; 75. (1885) 394 ; lb. (1886), 274, (with instruc- 
 tions. 
 ^ See chapter xvi. on select committees for remarks on this poiat, s. 8. 
 
CHAPTER X. 
 
 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 I. Subject-matter of Addresses. — II. Addresses founded on resolutions. — 
 III. Joint Addresses.— IV. Addresses of Condolence and Congratula- 
 tion. — V. On retirement of the Governor-General. — VI. Presenta- 
 tion. — VII. Messages from the Governor-General. — VIII. Addresses 
 to Prince of Wales in 1860. — IX. Thanks to distinguished Persons. 
 
 I. Subjeet-Matter of Addresses.— The procedure in th.e case 
 of the address in answer to the speech at the commence- 
 ment of the session has already been fnlly explained in a 
 previous chapter of this work/ and it is now only neces- 
 sary to refer to the subject of addresses generally, and to 
 the mode of transmitting them to the sovereign or pre- 
 senting them to the governor-general.^ 
 
 The subjects on which the two Houses may address 
 the sovereign or her representative in this country are 
 too numerous to be detailed at any length. They may 
 relate to every matter of Canadian interest, to the admin- 
 istration of justice, to the commercial relations, or to the 
 political state of the country ; in short, to all subjects 
 connected with the government and the welfare of the 
 dominion. They may also contain expressions of congra- 
 tulation or regret in reference to matters affecting the 
 royal family or the governor-general. 
 
 ^ Chap. vi. 
 
 ' But no address may be presented in relation to a bill or matter under 
 the consideration of the House. 12 Lords' J. 72, 81, 88 ; 8 E. Com. J. 
 670; 1 Grey, 5; May, 515. 
 
ADDRESSES ON GENERAL SUBJECTS. 351 
 
 n. Addresses founded on Resolutions.— When an address to 
 her Majesty originates in the House of Oommons, it is 
 generally the practice to pass a resolution in the first 
 place. This resolution may, or may not, be first considered 
 in committee of the whole, as the circumstances of the 
 case may demand. For instance, in 18^*7, the Commons 
 passed a resolution in committee of the whole with refer- 
 ence to the extradition from Canada of fugitive criminals.^ 
 In 18*75 the House passed a resolution respecting the New 
 Brunswick School Act, without a committee of the whole, 
 as is done in the case of the answer to the speech at the 
 , opening of the session.^ Again, in IBGT-S, an address was 
 founded on a report from a select committee.^ The prin- 
 ciple that should guide the House with reference to 
 addresses of a general character appears to be this : 
 "Whenever the question is one involving legislation, or 
 affecting commerce, and requires considerable discussion 
 of details, it is advisable, and certainly convenient, to ask 
 the House to go into committee of the whole to consider 
 a resolution on which to base an address.* But in the 
 case of all addresses which are passed nemine contradicente, 
 it is only necessary to propose a resolution in the House 
 itself, without going into committee.''' In the Senate, 
 however, it is not the practice to go into committee on 
 resolutions for an address on a special subject.'' The 
 practice of the Senate with respect to addresses generally 
 has more closely followed the practice of the English 
 parliament, where it has been much simplified of late 
 years. In the Commons the old practice continues to be 
 followed to a large extent. 
 
 1 Can. Com. J. (1877), 237-9; also Leg. Ass. (1859), 609. 
 
 2 Can. Com. J. (1875), 197-203. 
 
 3 lb. (1867-8), 376, 377. 
 
 * lb. (1873), 187, naturalization ; lb. (1878), 255, Canadian boundaries. 
 5 Can. Com. J. (1872), 292-3. Retirement of Lord Lisgarfrom the gov- 
 ernor-generalship. 
 8 Sen. J. (1869), 184. 
 
352 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 "When the resolution for an address has been agreed to 
 by the House, a select committee will be appointed to 
 draft an address to her Majesty founded on the said reso- 
 lutions. The committee having reported the address, 
 it will be read twice and agreed to, and ordered to be 
 engrossed. The next step is to pass an address to the 
 governor-general, requesting his Excellency to transmit 
 the same to her Majesty — which address will be engrossed 
 and presented with the address to her Majesty by such 
 members of the House as are of the queen's privy council 
 of Canada.^ 
 
 In the session of 1882 the House of Commons agreed 
 to a joint address to her Majesty on the subject of the 
 difficulties in Ireland as an amendment to the motion for 
 the House to go into committee of supply.^ The address 
 to her Majesty embodying the Quebec resolutions of con- 
 federation were also passed without the formality of a 
 previous committee.^ In the Senate, in 1882, an amend- 
 ment was moved to the Irish address — an unusual pro- 
 ceeding.* On the 29th of January, 1890, the House of 
 Commons passed an address to the queen, nem. con., with- 
 out the formality of a committee to draft the same, and 
 this is the most convenient procedure in all such cases.'^ 
 
 III. Joint Addresses.— When it is agreed in the Commons 
 to transmit an address of the two Houses to the queen, a 
 message will be sent to the Senate requesting their 
 
 1 Can. Com. J. (1875), 201-203. 
 
 2 Can. Com. J. (1882), 307, 334 ; Sen. J. 245-6, 270, 271. See 109 E. Com. 
 J. (1854), 169 ; address on war with Eiissia, agreed to without reference 
 to a committee. Also 132 E. Hans. (8), 307 ; Burke's Speaker's D., p. 3 
 Dr. A. Todd wrote me on this point : " Modern usage tends more and 
 more to simplify and abbreviate procedure, which is an additional reason 
 for dispensing with a committee to draft an address, when it can be rea- 
 sonably done by the House itself." 
 
 ^ Leg. Ass. J. (1865), vol. 24, p. 67. The speaker decided that a com- 
 mittee was not necessary, p. 74. 
 
 * Sen. J. (1882), 262. s Can. Com. J. (1890), 37-39. 
 
JOINT ADDRESSES. 353 
 
 honours to unite with, the House in the same. This mes- 
 sage will be proposed as soon as the address has been passed 
 by the House and ordered to be engrossed. When the 
 Senate has received the message the address will be read 
 by the clerk, and ordered to be taken into consideration, 
 sometimes immediately, but more frequently on a future 
 day. The address from the Commons always contains a 
 blank : " We, your Majesty's most dutiful and loyal sub- 
 jects, the Commons of Canada." This blank 
 
 will be filled up by the Senate with the words " Senate 
 and," so that the address will read " the Senate and Com- 
 mons of Canada in Parliament assembled," etc. It will 
 then be ordered that the speaker do sign the address on 
 the part of the Senate. The next step will be for the 
 Senate to order an address to the goyernor-general, re- 
 questing him to transmit the same to the sovereign. Then 
 this address will be agreed to, signed by the speaker, and 
 ordered to be communicated to the Commons by one of 
 the masters in chancery for their concurrence. In this 
 address there is also a blank to be filled up by the House, 
 with the words, " and Commons," and a message will be 
 sent to the Senate informing them that the Commons 
 have agreed to the said address. When the message has 
 been received by the Senate, they will order that " the 
 joint address to her Majesty, and also the joint address to 
 his Excellency, the Grovernor-General, be presented to his 
 Excellency by such members of this House as are members 
 of the privy council." ^ 
 
 In case the address originates in the Senate, it will be 
 read at length at the table as soon as it is taken into con- 
 
 1 Can. Com. J. (1867-8), 225, 236 ; lb. 66, 67, 68,98, 108, 367 ; lb. (1869) 
 152, 153, 156, 168, 169 ; lb. (1871), 292, 293, 300. Can. Com. J. (1877), 237- 
 239, 240 ; Sen. J. 214, 215, 216, 221, 229, 230 ; Can. Com. J. 268 ; Sen. J. 
 239,240. Can. Com. J. (1886 j, 181, 182, 215; Sen. J. 107,137, 147. In 
 Can. Com. J. (1880), 57 ; Sen. J. 47, 48, will be seen the procedure in the 
 case of the joint address to the governor-general on the subject of granting 
 relief to Ireland. 
 23 
 
354 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 sideration by the Commons. The blank after the words 
 
 " the Senate " in the address, will then be filled up 
 
 with the words, " and Commons " ; and the address con- 
 curred in. An address will next be passed to the gover- 
 nor-general requesting him to transmit the joint address 
 to the queen. The Senate will then proceed to fill up the 
 blank in this address in the usual way, and communicate 
 the fact to the Commons. The addresses will be presented 
 to his Excellency by such members of the Senate as are 
 members of the privy council.^ 
 
 IV. Addresses of Condolence and Congratulation-— Addresses of 
 congratulation or condolence to. the sovereign are always 
 passed nemine contradicente. Such addresses are moved 
 immediately in the English Houses without reference to a 
 committee, and the same usage now obtains in the Sen- 
 ate, but in the Canadian Commons the old practice, in 
 reference to addresses, still continues.^ Again, if the Houses 
 
 ' Sen. J. (1872), 28, 29 ; Com. J. 16, 24 ; Sen. J. 36 ; Com. J. 29 ; Com. 
 J. 1879, Feb. 21; Com. J. (1880), 78, 79, 82, 101; lb. (1882), 330,490. 
 In the English Houses such addresses are presented by both Houses in a 
 body (74 E. Com. J. 279) ; or by two peers and four members of the House 
 of Commons (114 E. Com. J. 373) ; or formerly by committees (1 lb. 877 ; 2 
 lb. 462) ; or by the lord chancellor and speaker of the Commons (16 lb. 
 54) ; or by the lord chamberlain, or lord steward, and four members of 
 the Commons (130 lb. 190, 326) ; but the Lords always learn her Majesty's 
 pleasure, and communicate to the Commons by message, the time at 
 which she has appointed to be attended (137 E. Com. J. 94). The same 
 practice obtained in the old legislative council of Canada. Can. Leg. Ass. 
 J. (1859), 145, 539, 587. 
 
 ^ 113 E. Com. J. 31, marriage of the Princess Eoyal ; 116 lb. 112, death 
 of Duchess of Kent ; 123 lb., attempted assassination of Duke of Edin- 
 burgh, 142 ; birth of a princess, 309 ; death of Princess Alice, Dec. 16 
 and 17, 1878, Lords' and Com- J. ; Leg. Coun. J. (1862), 57, 88, death of 
 Prince Consort (joint address) ; Leg. Coun. J. (1863), 135 ; Leg. Ass. J. 167, 
 marriage of Prince of Wales; Can. Com. J. (1867-8), 225, attempted 
 assassination of Duke of Edinburgh. Can. Com. J. (1872), 16, 24, 29. 
 restoration to health of Prince of Wales. Can. Com. J. 1879, Feb. 21, 
 death of Princess Alice (joint address). Joint address to her Majesty 
 on her escape from assassination, Can. Com. J. (1882), 105 ; Sen. J. 73, 78, 
 
ADDRESSES OF CONGRATULATION, ETC. 355 
 
 wish to congratulate any member of the royal family on 
 their marriage, or to condole with them on some sad be- 
 reavement, they may do so in the form of a message.* In 
 England " certain members are always nominated by the 
 House to attend those illustrious personages with the 
 messages or resolutions ; one of whom afterwards ac- 
 quaints the House, (in the Lords, in his place, or at the 
 table ; in the Commons, at the bar), with the answers 
 which were returned." ^ A similar practice obtained be- 
 fore the confederation of the provinces in the Canadian 
 legislature. When the message had been agreed to, it 
 was ordered that certain members do wait upon his Ex- 
 cellency the Governor-general with the message and re- 
 quest him to transmit the same to the proper quarter.^ 
 Under the present practice, the House would order an 
 address to his Excellency, which would be delivered to 
 him by such members of the House as are members of 
 the privy council.* No such message, however, it may 
 be added, has been agreed to since 1S6*J, the necessity for 
 such a motion not having arisen. In 1882, the Houses 
 forwarded through his Excellency the Governor-G-eneral 
 by the Atlantic cable messages of congratulation to her 
 Majesty on her escape from the attempt on her life.° In 
 188*7, the two Houses sent a joint address to her Majesty 
 congratulating her upon the completion of the fiftieth 
 year of her reign." 
 
 It is always usual for the two Houses to present ad- 
 dresses to the governor-general, congratulating him in case 
 
 79. Death of Prince Leopold, Sen. J. (1884), 229, 242 ; Can. Com. J., 328, 
 335, 350. 
 
 1 Can. Leg. Ass. J. (1863) 168. 
 
 2 May, 517-8 ; 53 Lords' J. 369; 95 E. Com. J. 95 ; 52 E. Hans. (3), 343 
 136 E. Com. J. 130, 223. 
 
 ' Can. Ass. J. (1863), 168, 204. 
 
 * Can. Com. J. (1867-8) 378 ; lb. (1869), 223. 
 
 5 lb. (1882), 105 ; Sen. J. 79. 
 
 « Sen. J. (1887) 104, 156; Can. Com. J., 208, 209, 229. 
 
356 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 of his elevation to the peerage.^ In 1880, the Houses 
 passed an address congratulating the Marquis of Lome, 
 then governor-general, and her Royal Highness the Prin- 
 cess Louise, on their escape from serious danger.^ 
 
 V. Address on Retirement of Governor-General.— It is also the 
 practice to pass a joint address at the proper time, express- 
 ing regret at the termination of the governor-general's 
 official connection with Canada. His Excellency will 
 take the most convenient opportunity that offers of 
 acknowledging such an address in suitable terms. In 
 the case of Lord Lisgar, in 18*72, he did not send down a 
 speqial message in answer, but deferred his reply until 
 he delivered the speech at the prorogation of parliament.^ 
 In the next case, that of the farewell address to Lord 
 Dufferin, in 18'78, it was ordered in each House to be 
 presented by such members as were of the privy council. 
 A member of the privy council subsequently informed 
 the Senate that Lord Dufferin had appointed two o'clock 
 of the afternoon of a later day, in the Senate chamber. The 
 Commons were duly informed of the fact by message, 
 and were accordingly able to be present at the reading 
 of the address and answer. On a subsequent day, a 
 member of the privy council presented, in each House, a 
 copy of Lord Dufferin's reply, in order to give it a place 
 in the journals.^ 
 
 In 1883, the two Houses passed a similar address pre- 
 vious to the departure of the Marquis of Lome. On this 
 occasion also, the address was ordered to be presented by 
 members of the privy council. On the last day of the 
 session, a few minutes before the formal prorogation, the 
 speaker of the Commons informed the members present 
 
 1 Sen. J. (1871), 25, elevation of Sir John Young to peerage as Baron 
 Lisgar. 
 
 2 Sen. J. (1880), 53-54, 61 ; Com. J. 78, 79, 82. 
 
 ^ Can. Com. J. (1872), 292, 293, 319, 335 ; Sen. J. 201-2. 
 
 * Can. Com. J. (1878), 164, 165, 166, 171, 182; Sen. J. 183-85,193. 
 
PRESENTATION. 35*7 
 
 that he had just received iutimation from his Excellency 
 that the address would be presented in the Senate cham- 
 ber. Accordingly, the Houses having adjourned during 
 pleasure, the members of both assembled on the occasion 
 of the reading of the address by the premier, Sir John 
 Macdonald. His Excellency read his reply, M^hich was 
 duly reported to both Houses, and entered on the jour- 
 nals. It was also ordered in the Senate to be printed in 
 both languages for the use of members.^ In 1888 the two 
 Houses passed an address to Lord Lansdowne on his 
 retirement from the governor-generalship of Canada to 
 preside over the government of India, and it was pre- 
 sented in the Senate chambers by the two speakers — one 
 reading it in English and the other in French. The 
 answer was duly reported by the speakers in each House, 
 and entered on the journals.^ 
 
 VI- Presentation of Addresses.— It was formerly the practice 
 for the Canadian Houses, separately or jointly, to wait 
 upon his Excellency the Grovernor-G-eneral with the ad- 
 dresses in answer to the speech.' "When the address had 
 been agreed to and ordered to be engrossed, it was resolved 
 that it be presented to his Excellency by the whole House, 
 and that such members as were of the executive council 
 do wait upon him to know his pleasure, when he would 
 be attended with the said address. One of the members 
 of the executive council would then inform the House of 
 the time when his Excellency would be ready to receive 
 them with the address.* At the hour appointed the Houses 
 
 1 Can. Com. J. (1883), 429, 430, 431, 436 ; Com. Hana. 1396 ; Sen. J. 288- 
 290, 292-293. 
 
 2 Sen. J. (1888), 249,260, 272, 274 ; Can. Com. J. 307, 316, 387. 
 
 ^ Upp. C. Ass. J. (1792), 6, 7 ; Low. Can. Ass. J. (1792), 58 ; Can. Ass. J- 
 (1841), 67 ; lb. (1859), 61, &c. 
 
 ■* In the old assemblies of Upper and Lower Canada a deputation of 
 members was ordered to attend his Excellency to learn the time and 
 place for receiving the address. This deputation would report the 
 answer to the House. On December 26, 1792, we find this entry in the 
 
358 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 adjourned during pleasure, and attended his Excellency, 
 generally in the executive council chamber/ but some- 
 times at government house.^ The speaker, attended by 
 the serjeant-at-arms with the mace, and by the members 
 of the House, would proceed in carriages to the place of 
 meeting. On being admitted into the presence of his Ex- 
 cellency, the speaker read the address in both languages, 
 the mover and seconder being on his left hand. His Excel- 
 lency would reply, and then the House retired.^ In case of 
 a joint address, the speakers of the two Houses would 
 proceed in state to the place of meeting, and would enter 
 side by side into the presence of the governor-general ; 
 and the president or speaker of the legislative council 
 would read the address to his Excellency in English and 
 French. On returning to their respective Houses, the 
 speakers would always communicate the reply of which 
 they had received a copy on leaving the presence of the 
 governor-general.* On such occasions the legislative 
 councillors were in full dress, as is always the case with 
 the senators when his Excellency opens and prorogues 
 
 journals of Lower Canada: "The House is unanimous that the speaker 
 set out at noon, preceded by the serjeant-at-arms bearing the mace, that 
 the members follow to the chateau St. Louis, where Mr. Speaker will 
 read the address, after which a member willread the same in English 
 [Mr. Panet could not read English very accurately], that the clerk do 
 follow the House at some distance in case of need, and that the House do 
 return in the same order." 1 Low. Can. J. 58, 60; 1 Upp. Can. Ass. J. 
 6, 7 ; 1 Can. Ass. J. 67. 
 
 ^ Quebec Mercury, Pari. Deb. Peb. 28, 18S3. 
 
 " Low. Can. J. (1792), 60 ; Can. Leg. Ass. J. (1841), 69. 
 
 ■* The governor-general replied only in English to the addresses to the 
 old assembly of Lower Canada, and of the old Canada legislature. Itwas 
 usual for the speaker of the legislative council to read the speech to the 
 two Houses in French, after its delivery by his Excellency. It was not 
 till the repeal of sec. 41 of the Union act of 1840 that the speeches were 
 delivered in French as well as English. Lord Elgin was the first to 
 commence the practice which has always been continued to the present 
 time. 
 
 * Leg. Ass. J. (1844-5), 317; Leg. Coun. J. 125. 
 
PRESENTATION. 359 
 
 parliament. The members of the assembly, however, pre- 
 sented themselves in their ordinary dress.^ 
 
 The practice of presenting the addresses in answer to 
 the speech by the Houses in a body continued up to 1861,^ 
 when the more convenient course was adopted of present- 
 ing such addresses by members of the privy council.^ It 
 had, however, for many years previous been the practice 
 to present addresses on general, subjects, through execu- 
 tive councillors,'' or the speakers of the two houses,'^ or by 
 committees of the same.'' Addresses for papers and re- 
 turns were formerly taken up by a committee, one of 
 whom would sometimes report the reply.^ It was soon, 
 however, found for the convenience of the House to pre- 
 sent such addresses by members of the executive council f 
 and the answers would be brought by one of the same ;' 
 or be sent down by message.^" This practice is still con- 
 tinued, but the answers are now brought down by a 
 member of the government, to whom they are transmit- 
 ted by the secretary of state.^^ The answer to the speech 
 at the opening of the session is always brought down by 
 the premier or other member of the cabinet in his ab- 
 sence ; ^^ and the same practice obtains in respect to mes- 
 sages generally .^^ Messages are always received by the 
 members standing and uncovered, when they are signed 
 by his Excellency's own hand." In the Senate such mes- 
 
 ^ In conformity with an old parliamentary privilege, 2 Hatsell, S90 n. 
 'Leg. Ass. J. (1866), 16, 17. 
 » Can. Com. J. (1867-8), 15. 
 * Leg. Ass. J. (1844-5). 437. 
 
 5 Leg. Ass. J. (1841), 339; Leg. Coun. J., 112. See ira/ra, 35 7 for cases 
 of speakers still presenting formal addresses to governor-general. 
 
 8 lb. (1841), 630. 
 
 ' lb. (1841 ), 99, 212. " lb. (1841,) 172. 
 
 9 lb. (1841), 191, 202. 
 
 '» lb. (1841), 173, 201 ; lb. (1842), 46, 111. i' See Bupra, 335. 
 "■^ Can. Com. J. (1872), 18 ; IK (1877), 44 ; Sen. J. (1877), 50. 
 " Can. Com. J. (1872), 16; lb. (1877), 39,44, 324, 333. 
 " lb. (1877), 44. See infra, 406. 
 
360 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 sages are generally read by the clerk at the table ; ^ 
 in the Commons by the speaker.^ In case they are again 
 read by the clerk in the House of Commons, mem- 
 bers need not be uncoyered.^ It is the usage, however, 
 in the Commons for members to remain standing and 
 uncovered whilst the speaker or clerk reads the message 
 in French — the document being always sent in the two 
 languages. Messages for the attendance of the House in 
 the Senate chamber are always brought by the usher of 
 the black rod, and such messages should be received by 
 the House in silence, and uncovered ; but the members 
 do not stand on such occasions — that ceremony being 
 reserved for written messages immediately from the 
 queen or her representative. 
 
 VII. Messages from Governor-General.— In accordance with 
 constitutional usage the governor-general meets the two 
 Houses, in person only on those occasions when he opens 
 or prorogues parliament or when he assents to bills in 
 the course of the session. Other communications which 
 take place during the session, from the head of the execu- 
 tive to the legislative branches, or either of them, are 
 made by message. These messages are either loritten or 
 verbal. 
 
 "Written messages are confined to important public 
 matters which require the special attention of parliament. 
 The estimates for the public service,* reports of royal 
 commissions,^ and all despatches from the imperial gov- 
 ernment acknowledging the receipt of addresses to her 
 Majesty and relating to other subjects," are brought down 
 by message under the hand of his Excellency. 
 
 ' Sen. J. (1867-8), 211 ; lb. (1877), 39, 50 ; lb. (1890) 36. 
 2 Can. Com. J. (1877), 39. 
 
 ^ 2 Hatsell, 365 n. * Can. Com. J. (1878), 37. 
 
 ^Ib. (1873,2nd session), 120 (Canadian Pacific R.R.); lb. (1885), 124 
 (Cliinese immigration). 
 "Sen. J- (1879), 159. See despatches in reply to addresses: on the 
 
MESSAGES. 361 
 
 In the session of 1818, a ministerial crisis occurred in 
 the province of Quebec, the deBoucherville ministry 
 having been called upon to resign by the lieutenant- 
 governor, notwithstanding the fact that they were sus- 
 tained by a large majority in the legislature. The two 
 branches of the legislature passed addresses to the gov- 
 ernor-general and the two houses of parliament, con- 
 demnatory of the course pursued by the lieutenant- 
 governor. These addresses were brought down by a 
 message and read at the tables of the two Houses. The 
 answer of the lieutenant-governor was also brought down 
 by message.^ 
 
 In the session of 1880, a message was received from his 
 Excellency recommending the granting of $100,000 for 
 the relief of the great distress in Ireland. The message 
 was considered in committee, and a resolution to grant 
 the money adopted. An address was then passed, thank- 
 ing his Excellency for his message, and informing him of 
 the passage of the resolution. Subsequently a joint ad- 
 dress was passed to his Excellency, praying that he would 
 cause the issue of the money out of the consolidated fund. 
 Sometime later a despatch on the subject from the secre- 
 tary of state for the colonies was transmitted to the Houses 
 by his Excellency.^ 
 
 attempted assassination of tlie Duke of Edinburgli, Can. Com. J. (1869), 
 20; on the imperial Extradition Act, lb. (1878), 45 ; on an attempt against 
 her Majesty's life, lb. (1882), 321 ; such messages are brought down by a 
 privy councillor in either House. In 1891, a reply to a loyal address of 
 the Commons to the queen, passed and forwarded in 1890, was sent by 
 the governor-general to the premier to be communicated by him to the 
 House; Can. Com. J. (1890), 37-39; lb. (1891), May 18. 
 
 ^ Can. Com. J. (1878), 100, 106, 150. The message was printed only in 
 the V- and P. ; both message and address appeared in full in the Senate 
 minutes of the 22nd March, 1878. See supra, 66 note. 
 
 2 Com. J. (1880), 30, 35, 40, 57, 78, 375; Sen. J. 47-8. A similar case 
 occurred in 1854-5, during the Crimean war, when the Canadian parlia- 
 ment contributed the same amount towards the relief of the wounded and 
 the widows and orphans of the soldiers of England and France- Jour., 
 309, 345, 346, 353, 354, 595. 
 
362 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 A written message is not requisite in cases where it is 
 necessary to signify the recommendation or consent of the 
 Crown to a motion involving the expenditure of public 
 money, or affecting the property of the dominion govern- 
 ment. A verbal message will be given in such cases by 
 a minister, as soon as he has made the motion in his 
 place. The cases where such recommendation or consent 
 is necessary are fully explained in the chapter on supply.^ 
 
 Verbal messages may also be made in the same way 
 when a member of either House is arrested for any crime 
 at the suit of the Crown, " as the privileges of parliament 
 require that the House should be informed of the cause 
 for which their member is arrested and detained from his 
 service in Parliament." ^ In all cases in which the arrest 
 of a member for a criminal offence is communicated from 
 the Crown an address of thanks is voted in answer.' If 
 a member has been imprisoned for a contempt of court, it 
 is the duty of the presiding judge to communicate the 
 fact to the House ; and it is usual to refer the letter to a 
 select committee for the purpose of considering and report- 
 ing whether any of the matters therein mentioned demand 
 the further attention of the House.' 
 
 Whenever the governor-general sends a message to the 
 Senate, with reference to a matter requiring pecuniary 
 aid, it is usual for that House to present an address, declar- 
 
 ' See chap, xvii., ss. 2, 3. 
 
 2 May, 506 ; 37 E. Com. J. 903; 103 lb., 888. 
 
 =* May, 512 ; 37 E. Com. J. 903 ; 70 lb., 70. 
 
 * Case of Mr. Whalley, 1874 (129 E. Cora. J., 11, 28, 71). In this case 
 the parliament, of which Mr. Whalley was a member, was dissolved, and 
 a new parliament met when the chief justice made his report. He had 
 doubts, however, as to the necessity of making a report in this case; but 
 he preferred to " run the risk of appearing to do that which may be 
 unnecessary to the possibility of appearing to be wanting in deference to 
 the House." The select committee reported that the chief justice had ful- 
 filled his duty in reporting the matter to the House, and that there was 
 no necessity for giving it further attention. Also case of Mr. Gray in 
 18S2; 137 E, Com. J., 487, 490,491, 504, 509. 
 
ADDRESSES TO PRINCE OF WALES. 363 
 
 ing its williagness to concur in the measures which may- 
 be adopted by the other House.^ It is the rule, in fact, in 
 both Houses to answer by addresses all special messages 
 which refer to important public events f or to matters 
 connected with the interests, property, or prerogatives of 
 the Orown,^ or which call for special legislative action.* 
 But in regard to measures relating exclusively to pecu- 
 niary aid of any kind, ft is only necessary for the House of 
 Commons to consider them in committee of the whole, on 
 a future day, when provision is made accordingly.' "When 
 the message contains a minute of council with a recom- 
 mendation to Parliament, it is sufiBcient that the House 
 concur in a resolution on the subject." 
 
 Vni. Address to Prince of Wales, I860.— The legislature of 
 Canada in 1859 passed an address to the queen praying 
 her Majesty to pay a visit to Canada.' At the commence- 
 ment of the session of 1860 the governor-general trans- 
 mitted a despatch from the secretary of state for the 
 colonies, in which her Majesty expressed her sincere 
 regret at not being able to comply with " this loyal in- 
 vitation," and informed the Canadian people that the 
 Prince of "Wales proposed visiting this dependency of the 
 
 iSen. J. (1867-8), 212, 214; 114 Lords' J., 78. 
 
 ^^82 E. Com. J., 114 ; 239 E. Hans. (3) 274, 290, 870, 1038. Leg. Ass. J. 
 (1861), 72, 84 &c. Can. Com. J. (1S67-8), 224. 
 
 ^85 E. Com. J., 466 ; 89 lb., 578; 
 
 *8o E. Com. J. 214 Can Com. J. (1867-8), 189, 201; lb. (1880), 40 (Irish 
 relief ). 
 
 5 May, 512 ; 86 E. Com. J. 488, 491 ; 105 lb. 539, 544; 129 lb. 83, 96, (Sir 
 Garnet Wolseley) ; 137 lb., 112, 116, 120 (Marriage of Prince Leopold) ; Can- 
 Corn. J, (1867-8), 347 ; lb. (1869), 22, 29 ; lb. (1877), 39, 44, 324, 333. In 
 the old legislative assemblies it was the practice to send answers to all 
 messages (which were very frequent in early parliamentary times) in the 
 shape of resolutions or addresses: Low. Can. J. (1792), 108; 7J, (1799), 
 140, 150. 
 
 " Establishment of provisional districts in the N, W. T. Can. Com. J, 
 (1882), 414, 509. 
 
 'Leg. Ass, J, (1859), 583, 584, 587. 
 
364 ADDRESSES, MESSAGES AND VOTES OF THANKS. 
 
 empire. The two Houses of the legislature then passed 
 addresses congratulating the prince on his arrival in Can- 
 ada, which addresses were ordered in each House to be 
 " presented by Mr. Speaker, with the maoe, attended by 
 such honourable members of this House as may be present 
 on the occasion." ' The addresses were presented sepa- 
 rately in the parliament house at Quebec, on the 21st of 
 August, 1860. The Prince of "Wales received the two 
 Houses in the chamber of the legislative council, which 
 had been appropriately decorated for this memorable cere- 
 mony. The address of the legislative council was first 
 presented by the speaker, who was preceded by the gen- 
 tleman usher of the black rod and the serjeant-at-arms 
 with the mace. A number of members of the council, 
 together with the clerk and other officers, were present in 
 full dress. The speaker advanced and read the address, 
 first in English and then in French ; and the prince de- 
 livered the reply also in the two languages. The address 
 of the Commons was delivered with the same ceremonies. 
 The two speakers, Mr. N. F. Belleau and Mr. H. Smith, 
 on that occasion received the honour of knighthood at 
 the hands of his Royal Highness. When parliament 
 assembled in 1861, the speakers laid the reply of the 
 prince to the addresses before the two Houses, and in- 
 formed them that " after the reception of the address, the 
 hon. members then present were severally presented to 
 his Royal Highness, who received them very gracious- 
 ly.^ The speaker of the assembly also communicated 
 the fact that he had received the dignity of knight- 
 hood, which he was "persuaded was conferred for uo 
 service or merit of his own, but as a distinffuishinsr 
 mark of royal favour and approbation from our most gra- 
 cious sovereign to the faithful Commons of Canada, whose 
 
 1 Leg. Coun. J. (1860), 270, 285 ; Leg. Ass. J. 4, 435, 454. 
 ' Dent's Canada since the Union, ii. c. 38. 
 
THANKS TO DISTINGUISHED PERSONS. 365 
 
 representative on that auspicions occasion it was his 
 happiness to be." ^ 
 
 IX- Thanks to Distinguished Persons.— Letters from distin- 
 guished individuals, in return to thanks of parliament 
 communicated to them by order of the House, are always 
 laid before the same by the speaker, and being read are 
 ordered to be regularly entered in the journals.^ Such 
 thanks are voted to distinguished officers of the army and 
 navy who have performed signal services which demand 
 some official recognition from parliament. Such motions 
 should be made by members of the government concur- 
 rently in the two Houses.^ Several cases occurred in 
 Canada during the war of 1812-15, and the rebellion of 
 ISSt-SS.* In 1885 the thanks of the two Houses were 
 unanimously given to Major-G-eneral Middleton, O.B., 
 and to the officers and men of the militia force of Canada 
 for their services in suppressing the rebellion in the 
 Northwest Territories.^ 
 
 1 Leg. Coun J. (1861), 114, 115 ; Leg. Ass. J. 7, 8. No such ofladal 
 statement was made in the legislative council by the speaker. 
 
 ■" 151 E. Hans. (3), 2152 ; 152 lb. 211. Low. Can. J. (1814), 114, 186. 
 
 ' 148 E. Hans. (3), 880, governor-general of India, etc.; generals of In- 
 dian army ; 149 E. Hans. (3), 252, 253 ; Todd's P. Gov. i. 593-597, where 
 this subject is fully treated. The officers thanked by name should be in 
 chief command (Mirror of P. 1841, p. 222), but others may be thanked 
 collectively; 136 E. Hans. (3), 324. Also 249 E. Hans. (3), 2 (gov. -gen , 
 and army of India). Also 137 E. Com. J. 492 (Egyptian expedition). 
 
 * Brigadier-General Proctor; Low. Can. J. for 1813 and 1814.— Colonel 
 de Salaberry for bravery at the battle of Chateauguay ; Low. Can. J., 
 1814, pp. 92, 186.— Colonel Morrison for defeat of Boyd at Chrysler's 
 farm ; Low. Can. J. 1814, pp. 92, 114.— Also to Colonels Fitzgibbon, Mac- 
 Nab and others; Upp. Can. Leg. Coun. J. (1838), 17, 106, 113, etc.— To 
 Colonel Radcliflfe and volunteers of Upper Canada; Leg. Ass. J. (1838) 
 29, 234-5. 
 
 5 Can. Com. J. (1885), 666 ; Sen. J. 411. General (now Sir Frederick) 
 Middleton's letter in reply was communicated to the House of Commons 
 by Mr. Speaker ; Can. Com. J. (1886) 134. 
 
CHAPTER XI. 
 
 MOTIONS IN GENERAL. 
 
 I. Notices of motions. — II. Eules and usages relative to motions. — III. 
 Motions relative to public business. — IV. Questions of privilege. — V. 
 Motions of want of confidence, not privileged. — VI. Questions put by 
 members. — VII. Motions in amendment. — VIII. Dilatory motions: 
 adjournment ; reading orders of the day ; previous question ; amend- 
 ments to such motions. — IX. Renewal of a question during a session. 
 
 I. Notices of Motions-— When a member proposes to bring 
 any matter before either House with the view of obtaining 
 an expression of opinion thereon, he must make a motion 
 of which he must give due notice for consideration on 
 some future day, unless it be one of those questions of 
 privilege, or urgency which, as it will be shown hereafter, 
 may be immediately considered. Eule 14 of the Senate is 
 as follows : — 
 
 " One intermediate day's notice, in v?ritiug, must be given of 
 all notices deemed special." ' 
 
 When a senator intends to give notice of a motion, it is 
 
 u sual for him to rise in his place, at the time fixed for rou- 
 
 ine business, and read the notice which is handed to the 
 
 clerk, so that it may appear in its proper place in the 
 
 minutes of proceedings.^ 
 
 When a question has been once and sufiiciently con- 
 sidered, the House will not agree to its renewal. In 1880, 
 a senator rose and gave the usual notice of proposed reso- 
 
 ' See ruling on this point of Mr. Sp. Allan, Sen. Deb. (1889), 37, 38. 
 2 Sen. Deb. (1871), 23, 27, 61, 88, &c; lb. (1872). 15; lb. (1874), 8; lb. 
 1875), 210 ; remarks of Mr. Speaker Christie as to practice. 
 
NOTICES OF MOTIONS. SQl 
 
 lutions, but objection was at once taken on the ground that 
 the matter had been already disposed of otherwise. The 
 Senate finally resolved that " the notice should not be re- 
 ceived by the clerk," inasmuch as the subject-matter there- 
 of " had already been considered during the present session 
 and referred to the committee on contingent accounts." ' 
 
 It is not an unusual practice in the House of Lords — and 
 the same has been sometimes followed in the Senate — to 
 allow a member, in giving notice, to make remarks of an 
 explanatory character as to the nature of the motion, as to 
 the reason for proposing it, as to the course the member 
 intends to pursue,^ but no remarks of a controversial or 
 argumentative character should be made, nor will any 
 debate be permitted at such a stage, when the House has 
 had no opportunity of considering the subject-matter of 
 the motion.^ No notice need be given in the Senate of 
 public bills.* Neither has that body any special rule, like 
 that of the House of Commons, requiring a seconder ; but 
 it is the practice, nevertheless, to have a motion duly 
 seconded.'* 
 
 As soon as a member of the House of Commons has 
 prepared his motion, he will hand it to the clerk, or clerk 
 
 'Sen. J. (1880), 201-2; Hans., 370-5. See somewhat analogous Eng- 
 lish case (cited by Mr. Dickej' in debate), 7th June, 1858, when Lord 
 Kingston gave notice of certain questions. The lords resolved that the 
 questions had been sufficiently answered, and would not permit the 
 renewal of the subject. Also Lords' Minutes, 191. 
 
 2 141 E. Hans. (3), 1383 ; 145 lb. 1869 ; 149 lb. 1193, 1700 ; 157 lb., 930 ; 
 210 lb. 378. Can. Pari. Deb. (1870) 766. 
 
 ^ 164 E. Hans. (3), 175. In fact, the necessity of giving notice precludes 
 any debate ; such explanations as are made are given only with he in- 
 dulgence of the House. 
 
 * E. 39 ; chapter on public bills. Private bills are brought in on petition. 
 
 ^Sen.J. (1878), 190, 191, 193; lb. (1883), 227, &c. In the Lords any 
 lord may submit a motion for the decision of their lordships without a 
 seconder — the only motion requiring a seconder, by usage, being that for 
 the address in answer to the queen's speech. 109 Lords' J. 10, 35, 70, 92, 
 93; May, 296. 
 
368 MOTIONS IN GENERAL. 
 
 assistant, whose duty it is to see that it is in order/ 
 and to insert it in its proper place in the votes and pro- 
 ceedings. Rnle 31 orders : — 
 
 " Two days' notice shall be given of a motion for leave to pre- 
 sent a bill, resolution, or address, for the appointment of any 
 committee, or for the putting of a question ; but this rale shall not 
 apply to bills after their introduction, or to private bills, or to the 
 times of meeting or adjournment of the House. Such notice to be 
 laid on the table before 5 o'clock, p.m., and to be printed in the 
 votes and proceedings of that day." '' 
 
 The latter part of this rule is not very strictly carried 
 out — the practice being to accept motions up to six o'clock 
 in the evening. A motion sent in on any sitting day 
 will appear according to the order of its presentation at 
 the end of the votes and proceedings of the following day, 
 and on the order paper among the notices of motion on the 
 second day after its receipt at the table. Notices of motion 
 for the introduction of public bills appeared up to 18Y9 
 only in the votes and proceedings, and were brought up 
 when motions were called during the progress of routine 
 business, but now they are placed on the order paper. 
 If Saturday is a sitting day, then the notices given on 
 that day will appear on the order paper on the following 
 Monday. 
 
 n, Rules Relative to Motions.— All motions in the Commons 
 must be in writing or print, and seconded before they can 
 be proposed from the chair.^ It is the common practice 
 
 '■ The clerks at the table may amend notices if they are irregular. The 
 proper and convenient course is for the clerk to direct the attention of the 
 speaker to any special irregularity, who will communicate, if possible, 
 with the member ; but in ordinary cases the clerk may confer with the 
 member himself. 188 E. Hans. (3), 1066. 
 
 ' A notice of motion may be handed in on first day of a new parliament 
 as "soon as the speaker is elected. See V. and P., 1867-8, 1887 and 1891. 
 
 ' 222 E. Hans. (3), 421 ; 226 lb., 386 (no seconder, and motion not put) 
 A speaker in the Canadian Commons even thought on one occasion that 
 the motion for the adjournment of the House should properly be in 
 
RULES RELATING TO MOTIONS. 369 
 
 for members to obtain their motions from one of the clerks 
 assistant who has them prepared in print from the votes 
 and proceedings. The 33rd rule provides as follows : — 
 
 "All motions shall be in writing and seconded, before being 
 debated or put from the chair. When a motion is seconded it shall 
 be read in English and in French by the speaker, if he be familiar 
 with both languages; if not, the speaker shall read the motion in 
 one language and direct the clerk at the table to read it in the 
 other, before debate." ^ 
 
 No motion is regularly before the House until it has 
 been read, or in parliamentary language, proposed from 
 the chair, when it becomes a question.^ "When the House 
 is in this way formally seized of the question, it may be 
 debated, amended,^ superseded,"* resolved in the affirma- 
 tive,^ or passed in the negative," as the House may decide. 
 If a motion be out of order, the speaker will call atten- 
 tion to the irregularity, and refuse to put it to the House 
 under the thirty- seventh rule. 
 
 " "Whenever the speaker is of opinion that a motion offered to 
 the House is contrary'' to the rules and privileges of parliament, 
 he shall apprise the House thereof immediately, before putting 
 the question thereon, and quote the rule or authority applicable 
 to the case." 
 
 Consequently if, on reading the motion, he detects an 
 irregularity, he will at once apprise the House of the fact 
 without waiting to have a point of order raised.'' 
 
 It seems from the English authorities to be the duty of 
 the speaker to take it for granted that whoever addresses 
 
 writing ; but the practice has invariably been not to enforce the rule in 
 respect to such purely formal motions. Author's Notes, April 3, 1878. 
 
 1 See supra, 265, on the use of the French language. 
 
 ■^ May, 298. 
 
 3 Can. Com. J. (1876), 69. 
 
 * Can. Com. J. (1870), 237 ; Sen. J. (1876), 182; 121 E. Com. J., 78. 
 
 5 Can. Com. J. (1877), 60, 84; 129 E. Com. J., 114. 
 
 « Can. Com. J. (1877), 132 ; 129 E. Com. J., 112. 
 
 ' 76 E. Hans. (3), 1021 ; 112 E. Com. J., 157 ; 115 lb., 494 ; May, 298. 
 See mpra 214, as to the duty of the speaker under such circumstances. 
 24 
 
370 MOTIONS IN GENERAL. 
 
 the House will do it in order, and he may well presume 
 therefore, that a member proceeding to speak, when there 
 is no question before the chair, will conclude with a 
 motion and bring himself in order.' 
 
 Motions are frequently proposed and then withdrawn, 
 but this can be done, under the thirty-first rule of the 
 Commons, only "by leave of the House, such leave being 
 granted without any negative voice." The sixteenth rule 
 of the Senate goes further and will not allow a member 
 even " to modify " his motion except with the unanimous 
 consent of the House. The motion, when proposed from 
 the chair, must appear in the journals as withdrawn with 
 the leave of the House.^ If an amendment has been pro- 
 posed to the motion, it must be first withdrawn before 
 leave can be given to retire the main question.^ When a 
 member expresses his wish to withdraw his motion, the 
 speaker will ask : " Is it the pleasure of the House that 
 the hen. member have leave to withdraw his motion ? " 
 and if there be no objection the motion will be withdrawn, 
 and so entered on the journals; but if a member dissents 
 the speaker must put the question.^ 
 
 As respects what are known, in parliamentary lan- 
 
 1 Pari. Eeg. (62), 200 ; 224 E. Hans. (3), 1236 ; Can. Hans. (1879), 1983-5 
 But there is manifest convenience in requiring that the member should 
 first read his motion. After lie has concluded his speech it may be found 
 that the motion is out of order or otherwise not debatable. The pre- 
 cedent in the Canadian House, just cited, shows that, while the practice is 
 as stated in the text, it is not one to be encouraged. See remarks on the 
 subject in Waples' Handbook of Parliamentary Practice, 116. 
 
 2 Can. Cora. J., (1877), 36 ; 129 E. Com. J. 215 ; 186 E. Hans. (3), 887 ; 
 Sen. J. (1867-8), 277; lb. (1882) 66. 
 
 » Can. Com. J. (1876), 227 ; 129 E. Com. J. 215 ; 223 E. Hans. (3), 1149'. 
 227 lb. 787 ; 230 lb. 1026; 250 lb. 1540-41. Sen. Deb. (1889) 631. Or if a 
 motion for adjournment be made, it must be first withdrawn ; Can. Com. 
 J. (1886), 78. 
 
 * 186 E. Hans. (3), 887 ; May, 299. No member may amend his own 
 motion, but with leave of the House he may withdraw it and substitute 
 another. Mr. Sp. Brand, 212 E. Hans. (3), 192-218 ; 235 lb. 1625 ; Can. 
 Hans. (1887), 137. 
 
COMPLICATED QUESTIONS. STl 
 
 guage, as " complicated questions," they may always be 
 divided into distinct parts with the consent of the House. 
 No individual member, however, can ask, as a matter of 
 right, that such a question be divided, since the House 
 alone can properly decide whether it is complicated or not 
 and into how many propositions it may be divided. The 
 fact is, the necessity of dividing a complicated question 
 is now obviated by the facilities offered for moving 
 amendments. But, in any case, it is always open to a mem- 
 ber to move formally that a question be divided.^ 
 
 A motion which contains two or more distinct proposi- 
 tions may be divided so that the sense of the House may 
 be taken on each separately.^ In the case of motions res- 
 pecting select committees especially, it is the practice of 
 the Canadian House to combine several propositions in one 
 — that is to say, the object of the committee, names of 
 members, number of quorum, power to send for persons 
 and papers, etc. But in the session of 1883, Sir John 
 Macdonald followed the more correct English practice of 
 separating the different parts of a notice of motion respect- 
 ing a committee on the subject of licenses for the sale of 
 intoxicating liquors. This is the more logical and conven- 
 ient form of procedure, since it gives the House an oppor- 
 tunity of deciding on each distinct proposition.^ 
 
 A motion on the order paper must be in accordance with 
 the notice in the votes ; and should a member desire to 
 substitute another, or alter its terms, he must first obtain 
 the leave of the House.^ 
 
 In the English House it is always necessary that the 
 terms of a motion or question should be printed at length 
 
 1 2 Hatsell, 118-120. 
 
 2 253 E. Hans. (3), 1763-4. 
 
 ^ Can. Com. J. (1883), 125-8, and Votes, 142. For example of Cana- 
 dian practice respecting committees, see Jour. 1879, pp. 248-9. For 
 English practice, 137 E. Com. J. 65-6. 
 
 *Can. Com. J. (1873), 326; 78 E. Hans. (3), 717; 212 lb, 218, 219; 225 
 lb. 904 ; Can. Hans. (1876), 535 ; lb. (1879), 1251. 
 
372 MOTIONS IN GENERAL. 
 
 in the rotes at least one day previously to being brought 
 up in the House.^ But this rule is not applied to resolu- 
 tions to be proposed in committee of the whole.^ It is con- 
 sidered sufficient if a member gives notice of the purport 
 of his proposed resolution. The convenience of the House, 
 however, is best consulted in the case of every important 
 question by giving the resolution in full in the votes the 
 day before it is to be considered in committee ; and this 
 is now invariably done in the Canadian Commons.^ 
 
 If a member refuses to proceed with a motion, the House 
 cannot force him to do so, but he has a right to drop it.* 
 A member who has given notice of a series of resolutions 
 may withdraw some of them and go on with the others." 
 A member may not propose a motion in the absence of 
 another who has placed it on the notice paper, except with 
 the general consent of the House.'' Merely formal motions 
 for the adoption of reports or for certain papers to which 
 there is no objection, are frequently permitted to be made,'^ 
 but all motions involving discussion must be proposed by 
 the member in whose name they appear on the paper. For 
 instance, in the session of 18Y7 Mr. Speaker interrupted 
 a member who was proceeding to move a resolution with 
 reference to a prohibitory liquor law, in the absence of Mr. 
 
 1 148 E. Hans. (3), 865 ; 205 Ih., 774 ; 207 Ih., 143 ; May, 286. 
 
 ^ May, 286. Sardinian Loan, E. Com. J., June 12, 1856. 
 
 ' Ees. respecting inland revenue, adulteration, gas and gas metera, V. 
 and P. of Feb. 15 (p. 43) and 23 Feb. (pp. 76-7) ; 20 March, 1877 (pp. 
 172-3) ; Can. Hans. (1877), 248, 853-55. Here Mr. Lafla-nme (minister of 
 inland revenue) gave, in the first instance, only notice of the substance 
 of the proposed resolutions ; but subsequently he published them in 
 detail in the votes before he moved them in committee of the whole. 
 
 * 32 Pari. Eeg., 43. 
 
 5 Mr. Gladstone's motion, 234 E. Hans. (3), 385. 
 
 « May, 296. 231 E. Hans. (3), 662, where we find the speaker would 
 not allow a member to move a clause in a bill of which notice had been 
 given by another member. 
 
 ' For instance, March 4th, 1878 ; Sir J. A. Macdonald, in absence of 
 Dr. Tupper; Mr. Taschereau, of Mr. Frechette. Can. Hansard, 721, 
 738. Very commonly done in 1879 and subsequent years. , 
 
RELATING TO BUSINESS. 373 
 
 Schultz, in whose name it appeared on the notice paper.^ It 
 is quite customary for members to send in notices in the 
 names of absent members who have requested them to do 
 so.^ Ministers also have the privilege to propose the motions 
 of their absent colleagues. One member may take charge 
 of a public bill in the absence and with the permission of 
 another member. "When a member has dropped a public 
 bill, or it has disappeared from the order paper it may 
 be moved by another member.^ If a member should be 
 unseated in the course of a session, another member will 
 not be permitted to propose a motion which appears on 
 the paper in the name of the former, though of course he 
 may renew it on his own behalf/ No member may move 
 the discharge of a bill without notice, in the absence of 
 the member who has it in charge and who has not given 
 any such permission." Neither can any motion be with- 
 drawn in the absence of the member who proposed it ; 
 but it may be negatived or agreed to in such a case on 
 the question being put formally from the chair.^ 
 
 III. Motions relative to Business.— It has been decided in the 
 English Commons that a motion, even in reference to the 
 business of the House, can be taken out of its ap- 
 pointed order only by " universal assent." For instance, 
 
 ' Author's Notes. Also Northern E. R. Can. Hans. (1877), 196. 
 
 2 2 E. Hans. (1), 439. 
 
 ^ Can. Sp. D. 109. The Insolvency Bill, 1876, introduced by Mr. Bourassa, 
 disappeared from the order paper (the House refusing to read it then a 
 second time), but it was revived by Mr. Caron ; Journ., 184, 245. It is 
 usual to allow a member to bring in a bill for another when there is no 
 opposition, but not when opposition is expected ; Mr. Sp. Brand, 209 E. 
 Hans. (3), 330. 
 
 * Mr. Langevin's motions, March 5, 1877. Author's Notes. 
 
 5 187 E. Hans. (3), 208 ; 216 Ih., 268, 276-7 ; 240 lb., 1675 ; 247 lb., 1403. 
 
 » 159 E. Hans. (3), 1310. In 1880 Mr. Schultz moved that the House go 
 into committee of the whole on the Northwest Colonization Land Bill, 
 but the debate was adjourned, and when the question was again taken up, 
 Mr. Schultz was absent. The motion for committee was then negatived 
 and the'bill withdrawn. Can. Com. J., 249, 266. 
 
3*74 MOTIONS 2N GENERAL. 
 
 when it was proposed in the English Commons to take 
 up immediately, out of its regular place, a motion to the 
 effect that for the remainder of the session certain days 
 should be at the disposal of the government, Mr. Speaker 
 Brand decided that this could only be done with the 
 general consent. " "With the permission of the House," 
 he said, " a motion relating to the business can be made 
 without notice. If it is the pleasure of the House that 
 the motion should be put at once I shall do so, but this 
 must be by general assent. If there had been a single 
 dissentient yoice I would have submitted to the House 
 that such a question could not be put." ' In 1879, a similar 
 case arose in the Canadian House of Commons, and Mr. 
 Speaker Blanchet decided that the motion could be made 
 only in its regular order. At the close of the day's pro- 
 ceedings, it was made with the general assent of the 
 House.^ The 24th rule provides for all items on the order 
 paper being taken up in their regular order.^ 
 
 Many motions known as " unopposed " ^ are frequently 
 made without notice, in accordance with the 32nd rule of 
 the Commons, which provides : 
 
 " A motion may be made by unanimous consent of the House 
 without previous notice.'' 
 
 These motions refer to the adjournment of the House 
 over a holiday or a religious festival,' to leave of absence 
 for members, to the addition of members to committees 
 and to other matters connected with the business of the 
 
 1 226 E. Hans. (3), 94, 127. 
 
 ^ Can. Hans. (1879), 650. On government days, all government notices 
 appear and are first taken up on the order paper. 
 
 ' Supra, 304. In the Canadian Commons, in more than one case, 
 it has been attempted to take a notice of motion out of its place, and 
 give it priority, which, of course, could not be allowed. See ruling in 
 Can. Hans. 24th March, 1885, when it was proposed to give precedence 
 to a bill without notice. Also Can. Com. J. (1889), 214. 
 
 ■' Any business may be considered " unopposed " when no notice of 
 opposition is given. — Mr. Sp. Brand. ^ Supra, 291. 
 
QUESTIONS OP PRIVILEGE. 3*75 
 
 House/ But, as already shown, if any member object to 
 such motions being made without notice they cannot be 
 pressed.^ It may be properly added here that it is the 
 general practice in the English Commons to give preced- 
 ence to a motion respecting the adjournment of the House 
 (of which notice has been given) over other business.' 
 
 IV. Questions of Privilege.— Questions of privilege may 
 always be considered in either House * without the notice 
 necessary in the case of motions generally. By the 38th 
 rule of the Commons it is provided : 
 
 " Whenever any matter of privilege arises, it shall be taken 
 into consideration immediately." 
 
 It is the practice in the House of Commons to bring up 
 a question of privilege after prayers, and before the House 
 has taken up the orders of the day. Only in very aggra- 
 vated cases, requiring the immediate interposition of the 
 House, will any business be suddenly interrupted. If a 
 member be insulted or attacked, or some disorder suddenly 
 arises a debate may be interrupted ; " for, as it has been 
 clearly expressed by an ancient authority, " whether any 
 question is or is not before the House ; and even in the 
 midst of another discussion, if a member should rise to 
 complain of a breach of the privileges of the House, they 
 have always instantly heard him." ^ 
 
 In the Canadian House of Commons questions of 
 privilege take a very wide range, but it may be stated 
 in general terms that they refer to all matters affecting the 
 rights and immunities of the House collectively, or the 
 position and conduct of members in their representative 
 
 1 Can. Com. J. (1867-8), 247, 422, &c. ; lb. (1873), 370. 
 
 2 May, 288 ; 220 E. Hans. (3), 674 ; Can. Hans. (1878), 529 ; Can. Com. 
 J. (1884), 244. Sen. Deb. (1889), 37, 38. 
 
 ' 240 E. Hans. (3), 1076 ; 252 lb. 422 ; 261 lb. 1335. 
 
 * Sen. Deb. (1876), 325. '= 65 E. Com. J.134 ; 79 lb. 483. 
 
 « Mr Williams Wynn, Feb. 11, 1836 ; Mirror of P. vol. 31, p. 97. 
 
316 MOTIONS IN GENERAL. 
 
 character. In. this category may be placed : motions 
 touching the seat or election of members ; ^ reflections or 
 libels in books and newspapers on the House or members 
 thereof,^ or any of its committees ; ' forgery of signatures 
 to petitions ; * motions for new writs ; ' questions affecting 
 the internal economy or proceedings of the House ; ^ appli- 
 cations for the discharge of persons in the custody of the 
 serjeant-at-arms ; ' interference of officials in elections. 
 Prima facie, any question affecting a member is considered 
 a case of privilege, but in order to entitle a member to 
 bring it up on that ground he must show that it affects 
 him since he became a member of the House, and con- 
 sequently in his character of a member." In the Canadian 
 Commons members have been in the habit of correcting 
 reports of their speeches, or inaccurate statements in the 
 press on the ground of privilege ; ^^ but these are personal 
 
 1 Election returns of Muskoka, West Peterborough (1873), 5, 6, 10, 37 ; 
 Louis Riel, loth April, 1874 ; members alleged to be public contractors, 
 April 9th and 14th, 1877 : s-upra, 173. Carlow election, 91 E. Com. J. 24 ; 
 Stamford election, E. Com. J. 1848, May 12; 98 E. Hane. (3), 931; 97 E. 
 Com. J. 2ei3; 245 E. Hans. (3) 518; case of Sir C. Tupper, Can. Hans. 
 (1884), 542, supra, 176- In 1887 the Queen's Co., (N.B.), election case was 
 taken up as a question of privilege on two successive days, wiay 31st and 
 June 1st. 
 
 ^ Mr. PlimsoU, E. Com. J. 20th Feb. 1873. Morning Freeman and Courrier 
 d'Outaouais, Can. Com. J. (1873), 133, 167 [supra, 241); Mr. Piche (clerk 
 asst.), Feb; 19th, 1878, Can. Hans. See supra, chapter iv. s. 6 on privileges. 
 
 5 Mr. R. S. France, 129 E. Com. J. 182. 
 
 ' E. Com. J. 1865, May 8, Azeem Jah. ; 178 E. Hans. (3), 1604 ; 238 lb. 
 1737-41. 
 
 ° Mr. Norris, Can. Com. J. (1877), 264; 146 E. Hans. 770 ; 218 lb. 1262, 
 1843-4. A report of a select committee on the issue of a writ has been 
 treated as a question of privilege as affecting the seat of a member ; 245 
 E. Hans. (3), 576-8. 
 
 " Translation of official debates ; Can. Hans. (1876), 288. Can. Hansard 
 committee, February 11th, 1878, p. 16. 
 
 ' Washington Wilks, 150 E. Hans. (3), 1314, 1404. 
 
 8 Welland and Chicoutimi elections. Can. Com. J. (1873), 190, 269. 
 
 " 164 E. Hans. (3), 1286. Supra, 240. 
 
 "> Can. Hans. (1878), 1867. 
 
QUESTIONS OF PRIVILEGE. STT 
 
 explanations, not matters of privilege, and are allowed by 
 the indulgence of the House. But it is very clearly laid 
 down by the English, authorities that if a member has a 
 complaint to make of a newspaper, he should formally 
 move to have it read at the table, and then make a motion 
 in relation thereto, if he desires to have the matter 
 discussed and dealt with by the House.^ If a member 
 rise to make a personal explanation in the English 
 Commons and proceed in the course of his remarks to 
 complain of attacks in a newspaper, he is not allowed to 
 proceed unless he is prepared to take the proper parlia- 
 mentary course under such circumstances,^ And if a 
 member brings forward a matter of privilege of this 
 character the motion with which he concludes should be 
 relevant thereto.^ 
 
 It is the practice to give questions of privilege the pre- 
 cedence over other matters when they appear among the 
 notices of motions. For instance, a notice for the expul- 
 sion of Louis Riel, which was low down among the 
 notices, was given the priority on the 15th of April, 1874. 
 The question was immediately taken up after half-past 
 seven, when the speaker resumed the chair, though an 
 hour was set apart by standing order 19 for the considera- 
 tion of private bills. On the following day the same 
 question had the precedence, though' it was a government 
 day.^ In 18*7*7 a motion for a new writ for Lincoln, in 
 place of Mr. Norris, who had entered into a public con- 
 tract, was placed among the notices ; but it was taken up 
 on motion of Sir John A. Macdonald, without any objec- 
 tion being made, on a day when notices of motion were 
 
 1 150 E. Hans. (3), 1022, 1066, &o. ; 219 lb. (3), 394-6 ; 239 Ih. .536 ; 261 
 Ih. 1667-70. See chapter vi. s. 15 on privileges, where a number of cases 
 in point are given in full. 
 
 2 Mr. Bailie Cochran, 184 E. Hans. (3) 1667. 
 
 3 219 E. Hans. (3), 396. Blackmore's Sp. Dec. (1882), 168. 
 * Can. Com. J. and Votes, 1874, April 15 and 16. 
 
3Y8 MOTIONS IN GENERAL. 
 
 not likely to be reached.^ Sir Erskine May has this obser- 
 vation on the subject : " It has been said that a question 
 of privilege is properly one not admitting of notice ; but 
 where the circumstances have been such as to enable the 
 member to give notice, and the matter was, nevertheless, 
 bond fide a question of privilege, precedence has still been 
 given to it." ^ 
 
 The precedents go to show that the Canadian House of 
 Commons, in its desire to deal promptly with all questions 
 aiFecting its members, has generally waived the strict 
 rules which govern matters of privilege,properly speaking, 
 and given every possible facility for inquiry thereon. 
 "When a member proposes to make a motion touching 
 another member, it is frequently found convenient that 
 he should state his intentions in his place, and then give 
 notioe that he will move it when motions are called in 
 due order on a subsequent day.^ 
 
 When a debate on a question of privilege has been 
 adjourned until a future day, priority will still be given 
 to it. We have seen that this was done in the case of 
 Louis E.iel, mentioned in a previous page, and there are 
 numerous precedents in the English journals illustrating 
 the same point.* In the session of 1883 a motion was 
 
 '■ Can. Com. J. (1877), 264. On another occasion the speaker decided 
 that a motion for the adoption of the report of a committee on printing 
 and reporting partook of the character of privilege, and might therefore 
 take precedence over the other notices ; Can. Hans. (1876), 343-4. It was 
 rather a question of procedure. 
 
 ^ May, 291. Expulsion of James Sadleir, 143 E. Hans. (3), 1386 ; 144 
 lb., 702. Case of Mr. Bradlaugh, 261 76., 218, 282, 431. See also cases of 
 Mr. Bowell and Mr. White, April 5, 1886, given precedence over motions 
 on paper by general consent. Also of Mr. Cameron, of Victoria, 28th May, 
 1886. 
 
 ^ Queen's Co. (N.B.), election case, April 26-28, 1887; V. & P., 98, 110. 
 In Mr. Rykert's case, 1890, rules respecting notice were not pressed, but 
 ever? facility given to enquiry and explanations. 
 
 ' 92 E. Com. J. 450; 38 E. Hans. (3), 1429; 95 E. Com. J. 13, 15, 19, 23, 
 70 ; 51 E. Hans. (3), 196, 251, 358, 422 ; 52 lb. 7 ; 238 lb. 1741 ; 120 E. Com. 
 J. 252. 
 
MOTIONS OF WANT OF CONFIDENCE. 3*79 
 
 made without notice in the Canadian House respecting a 
 double return for King's County, in Prince Edward Island. 
 The debate thereon was adjourned without fixing a day 
 or giving the motion a place on the orders ; but it was 
 taken for granted that it would have precedence when- 
 ever the House was ready to resume the subject. This 
 precedence was accordingly given the question on a later 
 day, and on every occasion when it came before the 
 House.^ But the House will refuse any priority over 
 other motions when the question is not bond fide one of 
 privilege, or it is not of an urgent character.^ The speakers 
 of the English Commons have decided that '• in order to 
 entitle a question of privilege to precedence over the 
 orders of the day, it should be some subject which has 
 recently arisen, and which clearly involves the pri^nleges 
 of the House and calls for its immediate interposition."* 
 
 V. Motions of Want of Confidence — When a motion of want 
 of confidence in the government of the day is under con- 
 
 1 Can. Com. J. (1883), 68,101, 107, 257. See remarks of Mr. Speaker 
 Kirkpatrick as to precedence of such a question, Hans. 102. In case it is 
 proposed to take the debate np on a particular day, it should be so fixed 
 in adjourning the debate. See Mr. Plimsoll's case, 17th Feb., 1880, 135 E. 
 Com. J. Also Queen's Co., N. B., case, 1887. 
 
 '' 146 E. Hans. (3), 769 ; 159 lb. 2035. 
 
 ' 159 lb 2035 ; 174 lb. 190. Motions calling attention to imputations on 
 members have sometime.s been treated as questions of privilege in the 
 Eoghsli House of Commons and have consequently had precedence given 
 to them, but more frequently have been treated as ordinary motions ; 
 but whenever they have been treated as privilege, urgency has been of 
 the essence of the motion. Mr. Speaker Brand, 253 E. HanS. (3), 432-3 ; 
 Blackmore's Sp. Dec. (188 2), 165-6. See a case where it was decided that 
 a motion with respect to the arrest of a member who had been sometime 
 in prison could not be treated as a matter of privilege since urgency could 
 not apply ; 261 E. Hans. (3,) 692-94. If a member proposes to challenge 
 the speaker's action with respect to a proceeding of the House he must 
 do so by notice, as the matter is one of order and not of privilege. 258 
 E. Hans. (3), 7-14 ; 259 Ih. 657-8 ; 263 lb., 45-9. In the Senate, in 1889, a 
 member has not been allowed to make a statement bringing charges 
 against the government as a question of privilege. See decision of Mr. 
 Speaker Allan, Sen. Deb. 580, 597-598. 
 
380 MOTIONS IN GENERAL. 
 
 sideration, it is customary to give it precedence over all 
 other matters, and to continue the debate from day to day 
 until it is concluded. But it is only with the unanimous 
 consent of the House that the order of business, as ar- 
 ranged under the nineteenth rule, can be disturbed. In 
 the session of 18*76, Sir John Macdonald, then leader of 
 the opposition, moved an amendment in favour of protec- 
 tion to Canadian manufactures and industries, on the mo- 
 tion for going into committee of supply. Previous to the 
 adjournment of the debate, Mr. Mackenzie, the premier, 
 pointed out that the motion was equivalent to one of want 
 of confidence in the government, and contended that on 
 that account the debate should take precedence of all other 
 matters until it was concluded. He pressed its continu- 
 ance on the following Monday (the debate having com- 
 menced on Friday), which, under rule nineteen, is de- 
 voted to notices of motions and other private business. 
 It was pointed out, on the other hand, and with obvious 
 truth, that it was entirely irregular to interfere with the 
 appointed order of business, unless the House agreed 
 unanimously to suspend the standing order, or there 
 was an urgent question of privilege under consideration. 
 The speaker sustained this contention at the time 
 and subsequently showed the House by reference to the 
 English debates that motions of want of confidence could 
 proceed only on days devoted to private business, with 
 the consent of all m.embers interested.' In a subsequent 
 session the same question arose, and the speaker, after 
 careful deliberation, came to the same conclusion as on 
 the previous occasion.^ A case in point occurred in Eng- 
 
 1 Can. Hans. 1876, March 10th and 13th. 
 
 ' Can. Hans. (187S), 916-948. On a previous day the speaker had 
 reversed his decision of 1876, having been misled by a careless report of 
 some of Mr. Gladstone's remarks, which appeared to convey the idea that 
 a motion of want of con6dence should have precedeace ; 94 i. But on re- 
 consideration, Mr. fcjpeaker Anglin found that he had been led into an 
 error. 
 
Q VESTIONS PUT BY MEMBERS. 381 
 
 land during the session of 1859. Lord John Russell 
 moved an amendment against the second reading of the 
 Eeform Bill of that year, involving the fate of Lord 
 Derby's administration. At the close of the first day's 
 debate Mr. Disraeli, then chancellor of the exchequer, said 
 he thought it would be convenient that the debate should 
 proceed continuously, and, therefore, he would suggest 
 that it be adjourned until the next day. Of course, he 
 added, he was in the hands of honourable members who 
 had notices of motions for that day, but he trusted they 
 would accede to the course proposed. The House agreed 
 to go on with the debate and give it precedence over the 
 private business.^ 
 
 VI. auestions put by Members.— It is an established rule of 
 parliamentary practice, and one that should always be 
 strictly observed, that no member is to address the House, 
 unless it be to speak to a motion already under debate, or 
 to propose one himself for discussion. A practice, how- 
 ever, has long prevailed in parliament, and is now estab- 
 lished in the Senate and the House of Commons, of 
 putting questions to the ministers of the Crown,concerning 
 any measure pending in parliament, or other public 
 matter, and of receiving the answers and explanations of 
 the persons so interrogated. This deviation from the 
 general rule respecting motions has arisen from the neces- 
 sity that experience has shown of obtaining for the House 
 material information, which may throw light upon the 
 business before it, and serve to guide the judgment in its 
 future proceedings. The procedure in the Senate on such 
 occasions is quite diflferent from that of the Commons. 
 Much more latitude is allowed in the upper house,^ and 
 
 1 153 E. Hans. 405 ; Can. Hans- (1878), 947. No control is conceded to 
 ministers over orders in the hands of private members which are governed 
 by the ordinary rules of parliament. Todd, ii., 399. 
 
 2 Pari. Deb. (1870), 883, 912, 1090; Sen. Deb. (1871), 51-66; lb. (1872), 
 62, 188 ; lb. (1874), 95-99 ; lb. (1875), 112-116 ; lb. (1879), 51-52 ; lb. (1880) 
 
382 MOTIONS IN GENERAL. 
 
 a debate often takes place on a mere question or inquiry, 
 of which, however, notice must always be given when it 
 is of a special character.' Many attempts have been made 
 to prevent debate on such questions, but the Senate, as it 
 may be seen from the precedents set forth in the notes 
 below, h-ave never practically given up the usage of per- 
 mitting speeches on these occasions — a usage^ which is 
 essentially the same as in the Lords' House.' The obser- 
 vations made on such occasions, however, should be 
 confined to the persons making and answering the in- 
 quiry, and if others are allowed to offer remarks these 
 should be rather in the way of explanation, or with the 
 view of eliciting further information on a question of 
 public interest.'' The more regular, and now the more 
 common practice, is for a member, in cases requiring some 
 discussion, to give notice that he will call attention on a 
 future day to a public matter and make an inquiry of the 
 government on the subject. Then it is periectly legitimate 
 to discuss the whole question at length, as the terms of 
 
 107-112; lb. 350-352; Ih- (1882), 50, 295; lb. (1883), 200-4; lb. (1884) 
 163-167 ; 280-290. 
 
 I R. .14. 
 
 ■^ In the first session an effort was made to confine the Senate to the 
 practice of the Commons, but to no avail. Deb. (1867-8), 34, 40-41. See 
 remarks when changes'were made in S. 0-, Deb. (1876), 299-300. In 1890, 
 a member addressed the House for several days on a mere inquiry ; the 
 debate went over from day to day. Such a proceeding is without pre- 
 cedent in the history of the Lords, and is peculiar to the Senate. The 
 debate was actually adjourned on each day, but no entry appears in the 
 journals as there was no motion strictly before the House. See Sen. Deb. 
 and Journals of February 10th, 13th and 24th. On an inquiry, however, 
 on one occasion a member has not been allowed a reply. Ih. (1884), 649. 
 An inquiry is not a substantive motion. lb. (1885), 44. Mr. Miller, for- 
 merly speaker, in 1888 expressed himself strongly as to permitting debate 
 ou a mere inquiry. Deb. 76, 77. But, as these notes show, the Senate 
 has never laid down any distinct rules to limit debate. 
 
 s 191 E. Hans. (3), 6904 ; 209 lb. 639; 243 lb. 1502-1507; 244 lb. 511- 
 616 ; 886-892 ; 246 lb. 1-8 ; 247 lb. 1404-7, 1704-8 ; 266 lb. 1083 ; 276 lb. 
 282. 
 
 *Sen. Hans. (1883), 240-1, 315. 
 
CORRECTION OF QUESTIONS. 383 
 
 the notice show the intention of the person who puts it 
 ou the paper.' This practice of the House of Lords has 
 been followed in the Canadian Senate since 1877.^ 
 
 In the House of Commons, not only is a notice necessary 
 in the case of all questions under rule 31,^ but they must 
 be limited in their terms according to rule 29. 
 
 " Questions may be put to ministers of the Crown relating to 
 public affairs, and to other members relating to any bill, motion, 
 or other public matter connected, with the business of the House, 
 in which such members may be concerned ; but in putting any 
 such question, no argument or opinion is to be offered, nor any 
 facts stated, except so far as may be necessary to explain the 
 same. And in answering any such question, a member is not 
 to debate the matter to which the same refers." 
 
 Such questions are printed among the notices and appear 
 on the order paper in the place allotted to them under rule 
 19. The Canadian practice is identical with that of the 
 English Commons, as stated by Mr. Speaker Brand : " No 
 argumentative matter shall be introduced, and if such 
 matter appears, it is always struck out by the clerks at 
 the table, by the orders of the speaker." * It is the duty of 
 
 1 209 E. Hans. (3), 606 ; 210 lb. 235-242. Sen. Deb. (1879), 644-5 ; lb. 
 (1880), 80-82; lb. 158-168; lb. 322-340; lb. (1882), 149-167; lb. (1884), 
 82-92. 
 
 ^ Senator Macpherson (subsequently speaker) commenced the practice. 
 Sen. Deb. (Ib77), 313, 375 ; lb. (1879), 171-186. In the Senate tlie discus- 
 sion is sometimes permitted to.run over several days on such an inquiry, 
 which is not customary in the Lords, since a debate on a mere question 
 cannot be adjourned. Neither is any mention made in the Lords' jour- 
 nals, as in those of the Senate, of a debate on such an inquiry since it is 
 not in the nature of a motion. Compare 210 E. Hans, and 209 lb. 606^ 
 with same dates in Lords' J. Also March 31st, 1882 (Irish Jury Laws). 
 For Sen. practice, Jour. (1877), 231 ; lb. (1878), 93, 95, 99, 103 ; lb. (1883), 
 78, 137, 256 ; lb. (1890), 100, &c. The practice is, in the Lords, to ask a 
 question and at the same time to move formally for papers, and then the 
 motion appears in the journals. 268 E. Hans. (3), 1386, 1802; 114 Lords' 
 J. 113, 128 ; 269 E. Hans. (3), 547 ; 114 Lords' J. 550. 
 
 3 Supra, 368. 
 
 ' 217 E. Hans. (3), 37, 803 ; 225 lb. 1141 ; 240 lb. 646 ; 255 lb. 321-2. 
 Committee on public business, July 8th, 1878, pp. 9-10. 
 
384 MOTIONS IN OENEUAL. 
 
 the clerk to point out any irregularity to the speaker, and 
 if the latter is of the same opinion he will order the clerk 
 to communicate with the member, so that he may have an 
 opportunity of amending his notice.^ It is always within 
 the right of a member to call attention to the matter as one 
 of privilege, and to challenge the action of the speaker.^ If 
 an irregularity should escape the attention of the clerks at 
 the table, the speaker will point it out before the member 
 stands up ; and he is then generally permitted to put the 
 question when he has struck out the objectionable words.^ 
 A question has been refused a reply because it referred to 
 a matter of opinion.* It should " be simply and seAi-erely 
 accurate in its allegations." If it is hypothetical it is 
 " objectionable," and as a rule should not be answered." 
 It should not be ironical or convey an imputation.' It 
 has, however, been decided in numerous instances in the 
 English Commons that a member may make any explana- 
 tion which is necessary for a clear understanding of his 
 question, but he may not enter upon any general discus- 
 sion.' A question has not been allowed to go on the paper 
 on the ground that it impugned the accuracy of certain 
 information conveyed to the House by the ministry.^ The 
 answer to a question should be brief and distinct, and 
 limited to such explanations as are absolutely necessary to 
 make the reply intelligible, but some latitude is allowed to 
 
 ^ 240 E. Hans. (3), 646. If it is not possible to communicate with the 
 member, then it is for the officers of the House to make the question con- 
 form as nearly as possible to the rules of the House. 206 E. Hans. (3), 
 468. For instance, a question in any way casting reflections upon mem- 
 bers is out of order, and would be revised ; 262 E. Hans. (3) 18. 
 
 2 240E. Hans. (3), 643. 
 
 3 Can. Hans. (1878), 569 ; Miramichi valley E. R., Mr. Mitchell, Feb. 
 27th. Mr. Mills, Dec 22nd, 1880, Orders of day ; " without cause " struck 
 out. Can. Hans. (1882), 73 ; Ih. (1883), 107. 
 
 * 208 E, Hans. (3), 786. 
 
 s Todd ii. 424. « May, 355. 
 
 ' 224 E. Hans. (3), 473, 1467, 1715 ; 240 lb. 1617. 
 
 « 240 E. Hans. (3), 646. 
 
AMENDMENTS. 385 
 
 ministers of the Crown, whenever they may find it neces- 
 sary to extend their remarks with the view of clearly ex- 
 plaining the matter in question/ "When the answer to a 
 question has been given, it is irregular to comment upon 
 it, or upon the siibject thereby introduced to the House ; 
 the necessary consequence of which would be to engage 
 the House in a debate when there was no motion before it 
 at all.^ No member may put a question to another member 
 unless it refers to some bill or motion before the House.* 
 Nor are questions usually put on matters which are at the 
 time the subject of proceedings in the courts,* or which 
 involve a question of law.** Nor is it proper to put a 
 question on the paper, affecting the character or conduct 
 of a member. The proper course, when the conduct of a 
 member is challenged, is to propose a direct motion, in 
 order that full opportunity may be given for statements 
 on both sides." A member is guilty of an irregularity 
 who puts a question which he has been informed by the 
 proper authority is irregular.'' A series of questions has 
 not been answered because it embodied matters which 
 should be formally moved for by order or address.* 
 
 VII. Motions in Amendment.— "When a motion has been re- 
 gularly made by a member and proposed to the House by 
 the speaker, it is the right of any other member to move 
 
 1 161 E. Hans. (3), 497 ; 215 Ih. 644. 
 
 ^ 39 Tb. (1), 69. A second question, arising out of or bearing on an 
 answer to a question is allowed in the English House, but not a debate. 
 261 E. Hans. (3), 410, 1204-5. 
 
 5 192 lb. (3), 717 ; 235 lb. 684; Can. Com. E. 29 ; Can. Hans. (1886), 1379, 
 1380. 
 
 * 246 E. Hans. (3), 686 ; 257 lb. 448-9. 
 
 ^ Can. Hans. (1885), 1306. lb. (1888), 494, 495. Any question asking a 
 minister for an expression of opinion is not permissible ; 243 E. Hans. (3) 
 198 ; 274 lb. 430. 
 
 " 210 lb. 35-9 ; Blackmore's Sp. D. (1882), 129-30. 
 
 ' lb. (1883), 44 ; 257 E. Hans. (3), 448-9 ; 265 lb. 879-80- 
 
 8 211 E. Hans. (3), 605, 606 ; 209 lb., 462-6 ; Can. Hans. (1885), 568. See 
 remarks of Lord J. Russell, 133 E. Hans. (3) 869. 
 25 
 
386 MOTIONS IN GENERAL. 
 
 to amend it, in accordance with, the forms sanctioned by- 
 parliamentary usage. Certain members may not be wil- 
 ling to adopt the question as proposed to them, and may 
 consequently desire to modify it in various respects. Or 
 they may wish to defer it to another occasion wben the 
 House will probably be better able to deal with it. Or 
 they may be disposed to go further than the motion, and 
 give fuller expression to the sentiments they entertain on 
 the question. In order to meet these dilFerent exigencies, 
 certain forms have been established in the course of time ; 
 and now every member is in a position to place his views 
 on record, and obtain an expression of the sense or will 
 of the House on any important question which can be 
 properly brought before it. 
 
 Every member has the right of moving an amendment 
 without giving notice thereof.' This amendment may 
 propose : 
 
 1. To leave out certain words ; 
 
 2. To leave out certain words, in order to insert or add 
 others ; 
 
 3. To insert or add certain words. 
 
 These several forms of amendment are subject to certain 
 general rules, which are equally applicable to them all. 
 
 All motions should properly commence with the word 
 " That." In this way, if a motion meets the approbation 
 of the House, it may at once become the resolution, vote, 
 or order which it purports to be.^ By the fifteenth rule 
 of the Senate it is distinctly provided that " no motion 
 prefaced by a preamble is received by the Senate ; and 
 this rule is always strictly observed in that House.' A 
 similar rule was adopted by the legislative assembly of 
 Canada ; but for some reason it was not continued, when 
 the rules of the House of Commons were considered and 
 
 1 May, 317 ; Gushing, p. 517. 
 
 2 Gushing, p. 509. 
 
 3 Sen. J. (1867-8), 280; Deb. (1878), 675. 
 
AMENDMENTS. 38*7 
 
 adopted in 1867.^ One or two instances may be found in 
 the journals where questions are prefaced by a preamble,^ 
 but that form is obviously inconvenient, and not in con- 
 formity with the correct usage of either the Canadian or 
 the English Parliament. 
 
 "When it is proposed to leave out all the words of the 
 main motion and to substitute others, the amendment 
 should commence, — "That all the words after 'that' to the 
 end of the question be left out, in order to insert the fol- 
 lowing instead thereof," etc' All amendments to insert 
 or add words should commence : Mr. — seconded by Mr. — 
 moves in amendment, That, etc.* 
 
 Several illustrations of amendments will be found at 
 the end of this volume.' 
 
 1 No. 44. 
 
 ^Can. Com. J. 0877), 214. 
 
 » lb. (1867-8), 248 ; lb. (1877), 103-5 ; lb. (1878), 71. 
 
 "ift. (1867-8), 107; lb. (1876), 69; lb. (1877), 103, 105. Sen. J. (1878), 
 197, &c. 
 
 * In the English Houses the practice of putting amendments is quite dif- 
 ferent from that of the Canadian parliament. When it is proposed in the 
 amendment to leave out certain words, the speaker, after reading both 
 motions to the House, will put the question : — That the words proposed to 
 be left out stand part of the question. If this question be resolved in the 
 affirmative, then the speaker will put the main motion. If this question 
 be negatived, the speaker will put the main motion as amended. When 
 the proposed amendment is to leave out certain words, in order to insert 
 or add others, the proceeding commences in the same manner as the last. 
 If the House resolve : " That the words proposed to be left out stand part 
 of the question," the original question is put ; but if they resolve that such 
 words shall not stand part of the question, by negativing that proposition 
 when put, the next question proposed is, that the words proposed to 
 be substituted, be inserted or added instead thereof. This latter question 
 being resolved in the affirmative, the main question so amended, is put. 
 May, 317-8 (chap. 9). In an extremely useful little work, " The Chairman's 
 Handbook," by Mr. Palgrave, the present clerk of the English House of 
 Commons, we find the following clear exposition of the principle which 
 lies at the basis of the English method of procedure : " When two propo- 
 sitions are submitted for deliberation, first a motion, and then an amend- 
 ment offered as an alternative to that motion, to obtain a fair and 
 straightforward debate the following conditions must be observed. If two 
 
388 MOTIONS IN GENERAL. 
 
 "When it is proposed to amend a motion, the question is 
 put to the House in this way : The speaker will first state 
 the original motion, " Mr. A. moves, seconded by Mr. B. — 
 " That, etc." Then he will proceed to give the amend- 
 ment : " To this Mr. 0. moves in amendment, seconded 
 by Mr. D. — That, etc." Under Canadian practice the 
 speaker will put the amendment directly in the first place 
 to the House : — " Is it the pleasure of the House to adopt 
 the amendment ?" If the amendment be negatived, the 
 speaker will again propose the main question, and a debate 
 
 propositions are submitted for discussion, it is, in the first place, essential 
 that their consideration shall be conducted, as far as possible, on equal 
 terms ; and, secondly, it is essential that discussion should be limited to the 
 question proposed from the chair. But how far are these conditions ob- 
 served, if precedence be given to an amendment over the motion on which 
 it is moved ? One of two results must ensue ; if the debate be kept with 
 strict precision to the proposition so put forward, namely, the amendment, 
 the supporters of the motion should not be heard, until the amendment 
 is disposed of. If, however, argument in favour of the motion be per- 
 mitted, then debate strays away from the subject immediately in hand. 
 Even under the fairest conditions of debate the popular method withholds 
 from the advocates of a motion their due position. They were foremost in 
 the field of discussion, but they come last; nay, their proposition may 
 never be submitted to any decision at all ; for as the amendment is the 
 first to be considered, it commands the chief attention and the primary 
 vote of the debaters. These consequences must arise under a usage which 
 places a motion and an amendment in direct antagonism. This conflict 
 is averted by parliamentary practice. The formula used by the spealier — 
 ' that the words proposed to be left out stand part of the question ' — is 
 framed for that express object ; it ofiers an alternative choice between 
 both motion and amendment, and withholds them from the vote until the 
 House has resolved which subject it will in the first instance consider. 
 Parliament in its procedure obeys that common-sense instinct, which 
 dictates that it is essential, when two propositions are ofiered for discus- 
 sion, to know first of all which proposition shall be discussed. Nor is it till 
 that point is settled, that the House proceeds to bring the matter to a 
 final conclusion." It is noteworthy, however, that this method of putting 
 amendments is peculiar to the English Parliament. What Mr. Palgrave 
 confesses to be " the popular treatment of an amendment " is generally 
 followed by popular assemblies everywhere, by the majority of Colonial 
 Legislatures, by the United States Congress, and by European Parlia- 
 ments, as far as the writer can gather from the books at hand. 
 
AMENDMENTS. 389 
 
 may ensue thereon, or another amendment may then be 
 submitted.^ On the other hand, if the House adopt the 
 amendment, then the speaker will again propose the ques- 
 tion in these words : " Is it the pleasure of the House to 
 adopt the main motion (or question) so amended ?" It is 
 then competent for a member to propose another amend- 
 ment. — " That thb main motion (or question), as amended, 
 be further amended, etc." Any number of amendments 
 may be proposed in this way, as it will be seen by refer- 
 ence to the precedents given below.^ But an amendment 
 once negatiAJ'ed by the House, cannot be proposed a second 
 time.' And it is distinctly laid down in the highest 
 English authority that " when the House have agreed 
 that certain words shall stand part of the question, it is 
 irregular to propose any amendment to those words, as the 
 decision of the House has already been pronounced in 
 their favour, but this rule would not exclude an addition 
 to the words, if proposed at the proper time. In the same 
 manner, when the House have agreed to add or insert 
 words in a question, their decision may not be disturbed 
 by any amendment of these words ; but here again other 
 words may be added."* 
 
 When an amendment has been proposed, it is competent 
 for any member to move an amendment to the sam.e.* In 
 this case the original question is laid aside practically for 
 the time being, and the first amendment becomes, as it 
 were, a substantive question." The speaker will then 
 submit the three motions in the order in which they are 
 made, and first take the sense of the House on the last ; 
 " Is it the pleasure of the House to adopt the amendment 
 
 1 Can. Com. J., (1875), 217, 218 ; lb. (1877), 225 ; Can. Hans. (1879), 1376, 
 (debate on main motion). 
 
 2 Can. Com. J., (1876), 69. 
 •' May, 330. 
 
 * lb. 320-1. 
 
 ^ Can. Com. J., (1877), 105, 111 ; lb. (1878), 50 ; Sen. J. (1876), 132. 
 
 " May, 322. 
 
390 MOTIONS IN GENERAL. 
 
 to the amendment ? " If the amendment is rejected, it is 
 regular to move another ^ (provided, of course, it is different 
 in purport from that already negatived) as soon as the 
 speaker has again proposed the question : Is it the pleasure 
 of the House to adopt the amendment to the main motion 
 (or original question) ? " 
 
 If the amendment be resolved in the affirmative, it will 
 not be competent to move that it be struck out, in M^hole 
 or in part. A precedent on this point was given during 
 the session of ISTl. The House having considered in 
 committee of the whole a bill to amend the acts relating 
 to duties of customs, Sir Francis Hincks moved that the 
 bill be read a third time to-morrow. Mr. Helton moved 
 in amendment that the bill be now re-committed to a 
 committee of the whole House, for the purpose of so 
 amending the same as to repeal the duties on coal, coke, 
 wheat and flour. Mr. Blanchet then moved in amend- 
 ment to the said amendment, that the words," and also salt, 
 peas and beans, barley, rye, oats, Indian corn, buckwheat, 
 and all other grain, indian meal, oatmeal and flour, or 
 meal of any other grain," be added at the end thereof. 
 This amendment was resolved in the affirmative, where- 
 upon Mr. Colby moved, in further amendment to Mr. 
 Holton's amendment as amended, to substitute for the 
 same a resolution declaring it " inexpedient during the 
 present session of parliament to make any alteration in the 
 existing duties on coal, coke, wheat, flour, salt, peas, 
 beans, barley, rye, oats, indian corn, buckwheat." Mr. 
 Holton at once objected to this amendment on the ground 
 that it proposed to strike out certain words which the 
 House had already decided should form part of the ques- 
 tion. Mr. Speaker Cockburn decided that the point of 
 order was well taken. " It seems conclusively so. by 
 English authority," he said, " and there is good reason for 
 it. The House has pronounced its decision upon the pro- 
 
 •- Can. Com. J. (1871), 74, 75. 
 
RELEVANCY OF AMENDMENTS. 391 
 
 position that salt and other articles shall form part of the 
 question to be submitted to the House, and now the House 
 is asked to say that they shall be struck out of the ques- 
 tion. This would be a contradiction, and is clearly out 
 of order." ^ 
 
 Amendments may, however, be proposed to add words 
 to the main motion, or amendment, as amended.^ 
 
 In the case of a second reading or other stage of bills, 
 and on the motion for going into committee of supply, in 
 the English House of Commons it is laid down authorita- 
 tively : 
 
 "No addition can be made to the question, after the House has 
 decided that words proposed to be left out should stand part of 
 the question. Every stage of a bill, being founded upon a pre- 
 vious order of the House, is passed by means of a recognized for- 
 mula, and may be postponed or arrested by acknowledged forms 
 of amendment ; but when any such amendment has been nega- 
 tived, no other amendment by way of addition to the question 
 can be proposed, which is not, in some degree, inconsistent with 
 the previous determination of the House ; and it has, therefore, 
 never been permitted." ' 
 
 Only two amendments can be proposed at the same 
 time to a question. Some limit is necessary, and the usage 
 has grown into law, that an amendment to an amendment 
 is allowable, but that no motion to amend further can be 
 entertained until one of the two amendments is disposed 
 of. There is no limit, however, to the number of amend- 
 ments to a question provided they come within these and 
 other rules stated above.^ No decision appears in the 
 Canadian journals on this point, but the usage is uniform. 
 
 '■ Can. Com. J. (1871), 131-3. A similar decision was given by Mr. 
 Speaker Anglin, lb. (1875), 200. See supra, 389. 
 
 2 lb. (1871), 133 ; lb. (1873), 393. See supra, 389. 
 
 3 May, 321 ; 183 E. Hans. (3), 1918 ; 186 lb. 1285 ; 240 lb. 1602. 
 
 * It is not regular, however, to move as^ an amendment to a question a 
 motion of which notice has been given, and when it appears on the notice 
 paper in a particular place; Can Com. J. (1889), 214. 
 
392 MOTIONS IN GENERAL. 
 
 When a proposition or question before ihe House con- 
 sists of several sections, paragraphs, or resolutions, the 
 order of considering and amending it is to begin at the 
 commencement, and to proceed through it in course by- 
 paragraphs ; and when a latter part has been amended, it 
 is not in order to recur back, and make any amendment or 
 alteration of a former part. ' This rule is observed 
 especially in the case of bills in committee of the whole, 
 where each section is considered a distinct proposition, to 
 be amended line by line, if necessary ; and consequently 
 if the committee have amended the latter part of the clause, 
 they cannot amend the first part of the same.^ It is for 
 this reason, the resolution for the address at the beginning 
 of the session is always taken up paragraph by paragraph. 
 "When the second paragraph has been considered and 
 agreed to, it is not regular according to the rule in ques- 
 tion to go back to the first ; and so on to the end of the 
 resolution.^ 
 
 Canadian speakers have frequently decided that amend- 
 ments must be relevant to a motion or question.* The 
 English parliamentary authorities have up to very recently 
 laid down the rule that a proposition may be amended, 
 in parliamentary phraseology, not only by an alteration 
 which carries out the purpose of the mover, but also by 
 one which entirely destroys that purpose, or vrhich even 
 makes the proposition express a sense the very reverse of 
 that intended by the mover ; and, in like manner, a motion 
 which proposes one kind of proceeding, may be turned into 
 another of a wholly different kind, by means of an amend- 
 ment. For instance, where the motion pending was for the 
 House to go into a committee of the whole, on the four per 
 
 1 2 Hatsell, 123 ; 102 E. Hans. (3), 117. 
 
 ^ 46 E. Com. J., 175. See chapter xviii. s. 12. ' Supra, 282. 
 
 * Can. Com. J. (1870), 122, 124; lb. (1872), 166. Also 7th July, 1858, 
 Leg. Ass. J. ; 14th April, 1859, Pari. Deb. Colonist; Sp. Dec. Nos. 33, 53, 
 168, 197. Also Can. Hans. (1889), 2o8. 
 
RELEVANCY OF AMENDMENTS. 393 
 
 cent, annuities acts, and a motion was made to amend, so as 
 in eJSect to substitute therefor a motion for certain papers 
 connected -with the passing of a decree by the government 
 of Portugal materially affecting the commercial relations 
 of that country with G-reat Britain ; and the amendment 
 was objected to, on the ground, that it had no relation 
 whatever to the subject of the motion, the speaker said, 
 that, according to the forms of the House, and the law of 
 parliament, there was no necessity that the amendments 
 should be akin to the question/ Sir Erskine May thus 
 stated the tisage in his edition of 1879 : " There is no rule 
 which requires an amendment to be relevant to the ques- 
 tion to which it is proposed to be made, except in the case 
 of an order of the day."^ Such a usage as allowing 
 amendments irrelevant to a question, certainly seems op- 
 posed to those principles of sound reason which govern 
 English parliamentary law generally. If such a practice 
 were generally tolerated, all the benefits of giving due 
 notice of a motion, and allowing the House a full oppor- 
 tunity of considering a question, would be practically lost. 
 A member would then be in a position to surprise the 
 House at any moment with a motion of importance, and 
 the necessity of giving notice would be superseded to all 
 intents and purposes. It is not therefore surprising that 
 the latest English decisions are in accord with those of the 
 Canadian speakers. Sir Erskine May, in the edition of 
 1883, admits that "an amendment should be relevant to 
 the question to which it is proposed to be made, and gives a 
 decision of the speaker as late as the 28th of February, 1882. 
 A motion having been made to declare Michael Davitt 
 incapable of being elected or returned as a member,it was 
 proposed to amend the same by substituting an address to 
 the Crown for a free pardon ; but the speaker promptly 
 interposed and pointed out that such an amendment was 
 
 1 23 E. Hans. (3), 785 ; 38 lb. 174, 190. 
 ' Page 303. 
 
394 MOTIONS IN GENERAL. 
 
 inadmissible, as it had no relation to the question before 
 the House, but should form the subject of a distinct 
 motion, after notice given in the usual manner/ The law 
 on the releyancy of amendments seems now to be that if 
 they are on the same subject-matter with the original 
 motion they are admissible, but not when foreign thereto.^ 
 The exceptions to this rule are amendments on the ques- 
 tion of going into supply or ways and means.^ Amend- 
 ments to bills also, like amendments to the orders of the 
 day, " must strictly relate to the bill which the House, by 
 its order, has resolved upon considering." * 
 
 VIIL Dilatory Motions-— There is a class of motions, common 
 to all parliamentary assemblies, intended to have the 
 effect of superseding or delaying the consideration of a 
 question. For instance, motions for the adjournment of 
 the House or debate, for reading the orders of theday,and 
 for the previous question, are all in this direction. The 
 term " dilatory," is used here as a convenient means of 
 grouping together such motions as postpone a question 
 for the time being J' 
 
 Motions of Adjournment. — When any question is under 
 the consideration of either House, a motion to adjourn 
 will always be in order. The thirtieth rule of the Com- 
 mons provides : 
 
 ' May, 325. 266 E. Hans. (3) 1846 ; 269 lb. 461. 
 
 ^ To show wide range of amendments, see decision of Mr. Speaker 
 I'lrand, who ruled that it was regular to move an amendment in relation 
 to the Oaths Act on a question re-affirming a resolution restraining Mr. 
 Bradlaugh from taking the oath ; 267 E. Hans. (3), 219. Such an amend- 
 ment was, however, germane to the question. 
 
 ■' See chapter xvii. on supply, s. 5. But on report from such com- 
 mittees, amendments must be relevant to the question under considera- 
 tion; Can. Com. J. (1890), 867. 
 
 ' 143 E. Hans. (3) 643. 
 
 " American writers on parliamentary law use it frequently. It is also 
 found in rule 16 (8) of the House of Representatives ; Smith's Digest, 
 p. 249. See also Mr. Sp. Brand ; 136 E. Com. J. 50. 
 
DILATORY MOTIONS. 395 
 
 " A motion to adjourn shall be always in order, but no second 
 motion to the same effect shall be made until after some inter- 
 mediate proceeding shall have been had." ^ 
 
 A motion of this kind, when made to supersede a ques- 
 tion, should be simply, " that the House do now adjourn " ; 
 and it is not allowable to move an adjournment to a 
 future day, or to propose an amendment to the question 
 of adjournment.^ If the motion for the adjournment be 
 carried in the affirmative, the House must at once adjourn 
 until the hour of three o'clock p.m., or whatever may be 
 the regular hour of meeting on the next sitting day, and 
 the question under consideration will be superseded,^ so 
 that if it was on the orders of the day, it must at once 
 disappear from the order paper where it can only be 
 again placed by a motion formally made in the House for 
 
 1 The rule as to the intermediate business, the doing of which is neces- 
 sary to the validity of a second motion to adjourn, or of any other motion, 
 into which the element of time enters after a former motion of the same 
 sort has been decided in the negative, seems to require a proceeding that 
 can be properly entered on the journals. The true test is that if any 
 parliamentary proceeding takes place, the second motion is regular, and 
 the clerk ought to enter the proceeding to show that the motion in question 
 is regular. See Gushing p. 546 note. It is usual to alternate motions for 
 adjournment of House and debate when a question is under considera- 
 tion. Can. Com. J. (1880-1) 107. In case there is a substantive motion 
 of adjournment before the House, and it is negatived, some proceeding 
 must be had in order to render a second motion to the same effect regu- 
 lar. See proceedings of June 22, 1891. Here the message from the 
 governor-general which was followed by other proceedings would have 
 been sufficient to render the second motion of adjournment valid. Tiie 
 rule applies literally to the adjournment of the House, and not of the 
 debate, but it is usual and convenient to make an entry in the journal 
 between two motions of the latter character. See proceedings of May 21, 
 1891, when the clerk entered the fact that the question before the House 
 was again proposed before the speaker put the second motion for adjourn- 
 ment of debate. Also a similar proceeding, July 1-2, 1891. 
 
 ^ 2 Hatsell, U3. In the Lords a future day may be specified, May, 
 300. 
 
 3 For cases in point, 110 E. Com. J., 367 ; 115 lb. 398 ; 119 Ih. 131, 256; 
 121 lb. 78. Sen. J. (1876), 132, 133, 139 (Pacific R. E.) It cannot be 
 made while a member is speaking. May, 300. 
 
396 MOTIONS IN GENERAL. 
 
 its revival.^ But if the question is not regularly before 
 the House — that is to say, if it has not been proposed to 
 the House by the speaker — it will not even appear in the 
 votes ; but if it has been so proposed, it will be duly re- 
 corded. But in case a notice of motion is under consider- 
 ation on "Wednesday or Thursday, it will not be super- 
 seded, inasmuch as rule 2Y makes special provision for 
 such cases, and places the motions on the orders for a 
 future day.^ Consequently if a question, not provided for 
 by rule 2*7, is under consideration, and it is the wish of 
 the House to adjourn, it is necessary to move an adjourn- 
 ment of the debate in the first place, ^ unless indeed it is 
 desired to supersede it. But the adjoiirnment of the debate 
 obviously cannot be moved to the adjournment of the 
 House, when it is a substantive question. * 
 
 It has been decided in the Canadian Commons that a 
 motion for the adjournment of the debate should be pure 
 and simple, like the motion for the adjournment of the 
 House, and should not contain a recital of reasons.^ 
 
 If the House should be suddenly adjourned in conse- 
 quence of the absence of a quorum, a question then under 
 the consideration of the House will disappear from the 
 order paper for the time being.'* 
 
 Motion for Reading Orders of the Day. — A motion to 
 proceed to the orders of the day is another mode of evad- 
 ing a question for the time being. The twenty-eighth 
 rule orders : 
 
 " A motion for rending the ordera of the day shall have prefer- 
 ence over any motion before the House. " ' 
 
 ' Sen. J. (1876), 133, 139; Sen. Deb. (1878), 832, 834 (Pacific R. R. Act 
 Amendment Bill) ; Can. Com. J. (1870), 237, 287 (Interest Bill). 
 
 "■ Supra, 310. Can. Com. J. (1876), 64. 
 
 ' Can. Com. J. (1876), 129. *May 300; 144 E. Hans. (3) 1906. 
 
 * Can. Com. J. (1880-1), 86. Also Can. Leg. Ass. J., 7th March, 1865. 
 Can. Sp. D., No. 129. 
 
 " 129 E. Com. J., 371. 
 
 ' When orders of the day are reached in. due course it is not necessary to 
 
MOTION TO PROCEED TO ORDERS. 89*7 
 
 If a question on the motion paper is tinder considera- 
 tion, any member may move, " That the orders of the day 
 be now read," or "That the House do now proceed to the 
 orders of the day" or "to the public bills an^ orders." If 
 this question is resolved in the ajBB.rmative, the original 
 motion is superseded, and the House must proceed at once 
 to the orders of the day.' It has been ruled in the 
 Canadian as well as in the English House that no amend- 
 ment can be made to the motion for proceeding to the 
 orders of the day,^ it being considered equiAJ^alent to a 
 motion for the previous question.^ 
 
 If the House is considering an order of the day, amotion 
 to proceed to another order of the day will have the same 
 effect of superseding a question as the motion we have 
 just mentioned.* It is equally in order to move to proceed 
 to the government orders, while a question among 
 " public bills and orders " is under consideration.^ 
 
 make a motion, as they are at once taken up in accordance with rule 19. 
 See mpra, 302. The motion discussed above is one of a peculiar and 
 special character, made when a notice of motion or other question not on 
 the orders of the day is under discussion. 
 
 1 May, 302 ; 111 E. Com. J., 167; Can. Com. J. (1873), 300 ; lb. (1885), 
 297 ; a motion has also been made to proceed to a particular order of the 
 day ; Can Com. J. (1886), 54, 58. But such a motion is not in the nature 
 of the previous question, which appears from English practice to be con- 
 fined to the question " to proceed to the orders of the day" generally. See 
 infra, 400. 
 
 ^ Can. Com. J. (1873), 300, Mr. Sp. Cockburn. But a case occurred in 
 1880, Jour. 194. The weight of authority clearly rests with the previous 
 precedent, since it is obvious that the motion is in the nature of the pre- 
 vious question. 
 
 ' May, 302. A motion for the adjournment of the House, however, will 
 always be in order ; infra, 400. 
 
 * 93 E. Com. J., 418 ; 10776., 205. Can. Com. J. (1870), 312. Can. Sp. 
 D., No. 120. Leg. Ass. J. (1864), 194. An amendment may be moved to 
 such a motion as it is not in the nature of the previous question; Can. 
 Com. J. (1886) 279. 
 
 = Can. Com. J. (1880-1), 81 ; Can. Hans. 13th January, 1880-1, 107 E. 
 Com. J., 225. 
 
398 MOTIONS IN GENERAL. 
 
 Previous Question. — Another method of evading or super- 
 seding a question in both Houses is the moving of what 
 is known as " the previous question." The Senate rule 
 on the subject is as follows : 
 
 " 24. When a question is under debate, no motion is received 
 unless to amend it ; to commit it ; to postpone it to a certain 
 day ; for the previous question ; for reading the orders of the 
 day; or for the adjournment of the Senate." ' 
 
 The thirty-fifth rule of the Commons provides : 
 
 " The previous question, until it is decided, shall preclude all 
 amendment of the main question, and shall be in the following 
 words, ' That this question be now put.' If the previous ques- 
 tion be resolved in the affirmative, the original question is to be 
 put forthwith, without any amendment or debate." 
 
 The rule just quoted permits neither amendment nor 
 debate in case the House decide in the affirmative, for the 
 speaker will immediately put the question. ^ But if the 
 previous question be resolved in the negative, then the 
 speaker cannot put any question on the main motion, 
 which is consequently superseded,^ " though it may be 
 revived on a future day, as the negation of the previous 
 question merely binds the speaker not to put the main 
 question at that time."* 
 
 1 237 B. Hans. (3), 527 ; 238 Ih. 296 ; Lords' J., 1878, January 28. The 
 previous question is said to have been introduced in England for the pur- 
 pose of suppressing subjects of a delicate character, relating to high per- 
 sonages, or which might call forth observations of a dangerous tendency. 
 Gushing, p. 549. 
 
 ■^ 2 Hatsell, 122, n. Can. Com. J. (1879), 84-5 ; 16. (1886) 72, 73. 
 
 ^Can, Com. J. (1869), 163-4. Also lb. (1870), 254; 71 Lords' J. 581; 
 113 E. Com. J, 100. 
 
 * May, 303. In the congress of the Confederation of the United States 
 a more logical form of putting the previous question, viz. : " That the 
 question be not now put," was adopted in 1778 (Cushing, p. 555) ; but the 
 form is now fixed as it prevails in Canada, though the effect is different 
 — being used to suppress immediately all further discussion of the main 
 question, and to come to a vote upon it immediately (16. 554 ; also 
 Smith's Digest, 249). From the edition of the " Rules, Orders, and Forms 
 
PREVIOVS QUESTION. 399 
 
 As a rule, the previous question is proposed with the 
 object of preventing a direct decision upon a question ; 
 and in that case the members who propose and second it 
 should vote against their own motion.^ In the old Cana- 
 dian legislature and in the dominion parliament, how- 
 ever, the motion has also frequently been used to effect 
 a double object, viz. : 
 
 1. To prevent, as in England, a decision on the ques- 
 tion under consideration ; in which case the members who 
 propose and second it vote against the motion.^ 
 
 2. To prevent simply any amendment and force a direct 
 vote on the question ; in which case the members who 
 propose and second it vote for the motion.* 
 
 of Procedure " of the English Commons, issued in 1891, under the super- 
 vision of the clerk of the House, (See No. 139), it appears that that body 
 has returned to the old practice of 250 years ago, and adopted the more 
 logical form, " That that question be not now put " (E. Com. J., May 25th, 
 1604 ; Jan. 22nd, 1628 ; 6th Sept. 1641). This form shows clearly the ob- 
 ject of the motion ; those who move it vote " aye," and those who oppose 
 it vote " no." K. T. Palgrave, Chairman's Handbook, 83. 
 
 1 May, 303-4. 
 
 2 Leg. Ass. J. (1864), 191; Can. Com. J. (1869(, 163-4. 
 
 ^ In 1865 (1st sess.) Atty.-Gen. Macdonald moved, and Atty.-Gen. 
 Cartier seconded, a motion for an address in relation to the union of the 
 provinces. Subsequently they proposed the previous question, and the 
 speaker decided, when a point of order was raised, that that question, was 
 not an amendment in the real sense of the term, and that consequently 
 the movers of the original proposition could regularly make such a 
 motion. In this case both gentlemen voted for the previous question. 
 Ass. J. (1865), 180, 191, 192. Also lb. (1856), 142. In 1870 Mr. Holton 
 (mover of previous question), voted for it. Jour., 254 ; in a previous 
 session, when the object was to prevent the putting of the question, he 
 voted in the negative. Jour. (1869), 163-4. In 1879 Mr. Ouimet, who 
 moved the previous question, voted in the affirmative, his object being 
 simply to prevent amendment, and Mr. Speaker Blanchet decided he was 
 in order on the principle stated above ; Can. Hans. (1879), 408. From the 
 foregoing precedents it will be seen there has been a uniformity of practice 
 under the rule which has come to the Commons from the old Canadian 
 legislature. It may be added that no rule or decision can be found in the 
 English authorities preventing a member from voting as he pleases on 
 such a question. See also Can. Com. J., 1886, March 11th and 25tn. 
 
400 MOTIONS IN GENERAL. 
 
 Amendments to Previous Question or to Motion for Proceed- 
 ing to Orders of the Day. — No amendment may be proposed 
 to the motion for the previous question/ Neither can it 
 be proposed when there is an amendment under considera- 
 tion? If the previous question has actually been pro- 
 posed it must be withdrawn before any amendment can be 
 submitted to the House.^ If an amendment has been first 
 proposed, it must be disposed of before a member can 
 move the previous question.'' 
 
 The motion, " That the House do now adjourn," can be 
 made to the motions for the previous question and for 
 reading the orders of the day. But such a motion cannot 
 be made if the House resolves that the question shall now 
 be put under rule 35.° It is also perfectly in order to move 
 the adjournment of the debate on the previous question.'^ 
 "When a motion has been made for reading the orders of 
 the day, in order to supersede a question, the House will 
 not afterwards entertain a motion for the previous ques- 
 tion, as the former motion was in itself in the nature of a 
 previous question.^ It is allowable to move the previous 
 question on the different stages of bills.* 
 
 IX. Renewal of a Question during a Session — When amotion 
 has been stated by the speaker to the House, and proposed 
 as a question for its determination, it is then in the pos- 
 session of the House,to be decided or otherwise disposed of 
 according to the established forms of proceeding. It may 
 
 ' May, 304. Commons' rale, swpra, 398. 
 
 ^ 2 Hatsell, 116 ; 212 E. Hans. (3), 926. 
 
 " 149 E. Hans., 712. 
 
 * 117 E. Com. J., 129 ; 118 Ih. 269. 174 E. Hans. (3), 1376. Can. Com 
 J. (1870), 254. 
 
 '" 250 E. Hans. (3), 1157-8. 
 
 "• Can. Hans. (1879), 407. But not if the House decide that the question 
 be put ; 250 E. Hans. (3), 1158. 
 
 ' May, 305. See mpra, 397. 
 
 « 99 E. Com. J., 504 ; 113 lb. 220 ; 119 lb., 160, 234 ; 135 lb., 261 ; 137 lb. 
 378. 114 Lords' J., 173. 
 
REVIVAL OF A QUESTION IN SAME SESSION. 401 
 
 then be resolved in the affirmative or passed in the nega- 
 tive ; or superseded by an amendment, or withdrawn 
 with the unanimous consent of the House. It is, however, 
 an ancient rule of parliament that " no question or motion 
 can regularly be offered if it is substantially the same with 
 one on which the judgment of the House has already been 
 expressed during the current session." ^ The old rule of 
 parliament reads : " That a question being once made, and 
 carried in the affirmative or negative, cannot be ques- 
 tioned again, but must stand as a judgment of the 
 House." ^ Unless such a rule were in existence, the time 
 of the House would be constantly frittered away in the 
 discussion of motions of the same nature, and the most 
 contradictory decisions would be sometimes arrived at in 
 the course of the same session. Consequently, if a ques- 
 tion or bill is rejected in the Senate or Commons it cannot 
 be regularly revived in the same House during the current 
 session. Circumstances, however, may arise to render it 
 necessary that the House should reconsider its previous 
 judgment on a question, and in that case there are means 
 affiarded by the practice of parliament of again considering 
 the matter. Orders of the House are frequently dis- 
 charged' and resolutions rescinded.^ The latter part of the 
 thirteenth rule of the House of Commons provides : " No 
 member may reflect upon any vote of the House, except 
 for the purpose of moving that such vote be rescinded." 
 In such a case, the motion will first be made to read the 
 entry in the journals of the resolution ; and when that 
 has been done by the clerk, the next motion will be that 
 the said resolution be rescinded,^ or another resolution 
 expressing a different opinion may be agreed to.* But when 
 
 1 May, 328 ; 1 E. Com. J., 306, 434. 
 
 ^ Res. April 2, 1604, E. Com. J. ^ Can. Com. J. (1877), 26. 
 
 * lb. (1867-8), 184 ; Leg. Ass. J. (1856), 722 ; 253 E. Hans. (3), 643. 
 5 May, 328 ; Can. Com. J. (1867-8), 184 ; Ih. (1885), 53. 
 " 132 E. Com. J. 345, 367 ; 235 E. Hans., 1690 ; Controller of H. M. 
 Stationery Office. 
 26 
 
402 MOTIONS IN GENERAL. 
 
 a question has once been negatived, it is not allowable to 
 propose it again, even if the form and words of the motion 
 are different from those of the previous motion/ Sir 
 Erskine May says on this point, which is one involved in 
 much difficulty : " The only means by which a negative 
 vote can be revoked is by proposing another question, 
 similar in its general purport to that which had been 
 rejected, but with sufficient variance to constitute a new 
 question ; and the House would determine whether it 
 were substantially the same question or not." The English 
 journals are full of examples of the successful evasion of 
 the rule which the House permitted.^ In all such cases, 
 the character of the motion has been changed sufficiently 
 to enable the member interested to bring it before the 
 House. All such motions, however, must be very care- 
 fully considered, in order to guard against a palpable 
 violation of a wise and wholesome rule. 
 
 If a motion has been negatived, it cannot be afterwards 
 proposed in the shape of an amendment.' In case a 
 m.otion has been withdrawn, it may be again proposed as 
 the House has not previously determined the question, 
 and it is only in the latter event that the same question 
 may not be revived.* If an amendment has been nega- 
 tived, a similar amendment cannot be proposed on a 
 future day.'* It has been decided, however, in the 
 Canadian Commons that an amendment is in order when 
 
 1 95 E. Com. J., 495:; US lb. 249 ; 245 E. Hans. (3) 1502 ; Can. Com. J. 
 (1884) 462. 
 
 ^ The most memorable instances of numerous motions on a cognate 
 question occurred in the session of 1845, in reference to the opening of 
 letters at the post-office, under warrants from the secretary of state ; 100 
 E. Com. J. 42, 54, 185, 199, 214. 
 
 ^ 76 E. Hans. (3) 1021. 
 
 * 80 E. Hans. (3) 432, 798. 
 
 '' 214 E. Hans. (3) 287. For other illustrations of the rule, see May, 
 chap. 10. 
 
REVIVAL OF A QUESTION IN SAME SESSION. 403 
 
 it comprises only a part and not the whole of a resolution 
 previously voted on by the House.' 
 
 As it is in reference to bills, and the proceedings upon 
 and in relation to them, that this rule receives its most 
 important application, it is proposed to deal with the 
 subject at length in the chapter devoted exclusively to 
 public bills. 
 
 ' Can. Sp. Dec, 186 ; Can. Com. J. (1871) 145, 146. Also Mr. Speaker 
 Kirkpatrick, March 12, 1883; Hans., 175, 176. 
 
CHAPTER XII. 
 
 RULES OF DEBATE. 
 
 I. Deportment of members on the floor. — II. Precedence in debate. — 
 III. Written speeches not permissible. — IV. Extracts from papers. — 
 V. Eeferences to the Qaeen or Governor-General. — VI. Relevancy of 
 speeches.— VII. Their length. — VIII. Motions for adjournment. — IX. 
 Rules limiting debate. — X. Personal explanations. — XI. Calling in 
 question a member's words. — XII. Interruption of members. — XIII. 
 Speaking when orders are called. — XIV. Manner of addressing another 
 member. — XV. References to the other House. — XVI. Or to previous 
 debates. — XVII. Rules for the preservation of order, — XVIII. Naming 
 a member. — XIX. Words taken down. — XX. Misbehaviour in com- 
 mittees or lobbies. — XXI. Prevention of hostile meetings. — XXII. 
 Punishment of misconduct. — XXIII. Withdrawal of a member when 
 his conduct is under discussion. — XXIV. References to judges and 
 other persons not members. — XXV. New standing orders of English 
 Commons on the foll6wing subjects : Putting the question ; Motions of 
 adjournment ; Suspension for obstruction of public business. 
 
 I. Deportment of Members in Speaking.— When a raotion has 
 been duly made by a member, seconded by another mem- 
 ber, and proposed as a question by the speaker, it may be 
 fully discussed in accordance with the rules and usages 
 of the House. The rules of order governing debate, 
 chiefly relate to the time when, and the circumstances 
 under which, a member may speak, or to what may, or 
 may not, be said by a member having the right to address 
 the House. These rules will be explained in the course 
 of this chapter, but it is necessary and convenient to refer, 
 in the first place, to the personal deportment of a member 
 while on the floor. 
 Senators and members of the Commons may sit in their 
 
DEPORTMENT OF MEMBERS. 405 
 
 places, in their respective Houses, with their heads 
 covered, but when they desire to speak they must remove 
 their hats.^ Exception, however, will be made in cases 
 of sickness, or bodily infirmity, when the indulgence of 
 a seat is frequently permitted, at the suggestion of a 
 member and with the general acquiescence of the House." 
 A member suffering from indisposition will also be per- 
 mitted to hand his motion to another member to read.' 
 
 In the Commons, a member must address himself to 
 Mr. Speaker.* In the Senate the members must address 
 themselves " to the rest of the senators, and not refer to 
 any other senator by name." ^ In the Commons, if a mem- 
 ber addresses the House and not the chair, he will be 
 called to order immediately .° 
 
 Senators and members, when they enter or leave the 
 House, or cross the floor, must make obeisance to the 
 chair.'' The rule of the Senate provides : 
 
 9. " Senators may not pass between the chair and the table. 
 When entering or crossing the Senate chamber they bow to the 
 chair ; and if they have occasion to speak together, when the 
 Senate is sitting, they go below the bar, or else the speaker stops 
 the business under discussion." 
 
 Eule 1*7 of the House of Commons also provides for 
 decorum in the following terms : 
 
 " When the speaker is putting a question, no member shall 
 
 •Sen. E. 20; Com. E. 10. 
 
 ^ 2 Hatsell, 107 ; Eomilly, 269, 270. When Mr. Pitt made his celebrated 
 speech in 1793 against the peace he was permitted to speak sitting. Also 
 cases of Lord Wynford, 64 Lords' J. 167; Mr. Wynn, 9th March, 1843; 67 
 E. Hans. (3) 658. It is usual to move that leave be accorded the afflicted 
 member. 
 
 ' On the 13th March, 1878, Mr, Schultz. was suffering from a bronchial 
 affection and a member sitting alongside read two questions for him. On 
 a previous day Mr. Masson had read two letters for the same gentleman. 
 
 * Com. E. 10. 
 
 ^ Sen. E. 20. Same as the Lords' S. O. No. 14. 
 
 « 223 E. Hans. (3), 1002, 1458. ' 8 E. Com. J. 264. 
 
406 RULES OF DEBATE. 
 
 walk out of, or across the House, or make any noise or disturb- 
 ance ; and when a member is speaking, no member shall inter- 
 rupt him, except to order, nor pass between him and the chair ; 
 and no member may pass between the chair and the table, nor 
 between the chair and the mace, when the mace has been taken 
 off the table by the Serjeant." 
 
 It is very irregular for members to leave their seats 
 abruptly when the speaker is retiring from the House at 
 six o'clock, or at the hour of adjournment. The two 
 Houses have the same rules on the subject : 
 
 "When the House adjourns, the members shall keep their seats 
 until the speaker has left the chair." ' 
 
 Whenever a message is received, from the governor- 
 general, " signed by his own hand," the speaker will read 
 it to the House of Commons, while the members stand 
 uncovered.^ But when the clerk proceeds to read papers 
 transmitted with the message, the members may resume 
 their seats. 
 
 II. Precedence in Debate.— The speaker of the Commons 
 will always give precedence in debate to that member 
 who first catches his eye. Rule 11 provides also for cases 
 where several members rise at the same time : 
 
 " Wheu two or more members rise to speak, Mr. Speaker calls 
 upon the member who first rose in his place ; but a motion may 
 be made that any member who has risen ' be now heard,' or ' do 
 now speak.' "^ 
 
 It is usual, however, to allow priority to members of 
 
 1 Sen. R. 8 ; Com. B. 3. 
 
 * In the English Lords and Commons the members sit uncovered when 
 messages are received direct from the crown under the sign manual (E. 
 Hans. Oct. 27, 1884) ; but Hatsell (ii. 366) states that in 1620-1 one Eng- 
 lish House of Commons carried their respect still further and every one 
 stood up uncovered. 
 
 ^ See May (344-5), who gives an example where two members rose at 
 the same time, and a motion being made that one be now heard, the 
 other took immediate advantage of it and spoke to the question. Memo- 
 rials of Fox i. 295. 
 
WRITTEN SPEECHES. 40'7 
 
 the administration who wish to speak ; and in all import- 
 ant debates it is customary for the speaker to endeavour 
 to give the preference, alternately, to the known support- 
 ers and opponents of a measure or question ; and it is 
 irregular to interfere with the speaker's call in favour of 
 any other member. But in disputed cases an appeal may 
 be made to the House in accordance with the rule just 
 cited.^ 
 
 There is no rule in the Senate like that of the Commons. 
 If two members rise at the same time in the House of 
 Lords, it is proper for the chancellor to point out who, in 
 his opinion, first rose ; but the chancellor or chairman of 
 committees has no absolute right to determine the ques- 
 tion ; and in all cases of variance of opinion the decision 
 must rest with the House,^ which may forthwith proceed 
 to vote who shall be heard.^ The lord chancellor is given , 
 by courtesy, precedence over other peers, should he rise 
 to speak at the same time with other members.^ 
 
 in. Written Speeches not Permissible.— It is a rule in both 
 Houses of Parlia;ment that a member must address the 
 House orally, and not read from a written, previously 
 prepared speech ; for the reason, as stated by Mr. Fox in 
 1806, that "if the practice of reading written speeches 
 should prevail, members might read speeches that were 
 written by other people, and the time of the House be 
 taken up in considering the arguments of persons who 
 were not deserving of their attention." ^ It is the invari- 
 able practice to discountenance all such written speeches, 
 and it is the duty of the speaker to interfere when his 
 
 1 67 E. Hans. (3), 898 ; 77 lb. 866 ; 153 lb. 839. The debate of 12th 
 March, 1878, on the tariff (see Canadian Hansard of that date), illustrates 
 how members on different sides follow each other alternately ; the con- 
 venience is obvious. 
 
 ■' 18 E. Hans. (1), 719, n ; 4th Jan, 1811. 
 
 ■' 34 Lords' J. 306 ; May, 343. 
 
 ^ 21 E. Hans. (N. S.), 187-8 ; May, 843. 
 
 ' Pari. Deb. 1806, vol. 7, pp. 188, 207-8. 
 
408 EULES OF DEBATE. 
 
 attention is directed to the fact.^ Members may, how- 
 ever, make use of notes in delivering a speech.^ 
 
 IV. Extracts from Papers.— It is now in order for a member 
 to make extracts from books, newspapers or other printed 
 publications as part of his speech, provided in doing so he 
 does not infringe on any point of order.^ But there are 
 certain limitations to this right ; for it is not allowable to 
 read any petition referring to debates in the House.* In 
 making extracts a member must be careful to confine 
 himself to those which are pertinent to the question ; it 
 is not regular to quote a whole essay or pamphlet of a 
 general character. ^ Neither is it regular for a member to 
 read a paper which he is asking the House to order to be 
 produced. ^ Nor is it in order to read articles in news- 
 papers, letters or other communications, whether printed 
 or written, emanating from persons outside of the House, 
 and referring to, or commenting on, or denying anything 
 said by a member or expressing any opinion reflecting on 
 proceedings within the House. '' During a debate on the 
 tariff in the session of 18*71, Mr. Mills referred to the 
 opinions of Sir Alexander G-alt, formerly a member and 
 
 1 223 E. Hans. (3), 178. ' Pari. Deb. 1806, p. 208. 
 
 ■' But it was not in order to do so up to 1840. 4 E. Hans. N. S., 922-3. 
 But gradually the practice became as it now is, 13 E. Hans. (3) 884 (1882.) 
 Mirror of P , 1840, vol. 16, p. 1634; lb. 1841, vol. 17, p. 2256. The practice 
 is often carried to excess in the Canadian Houses. Where the language 
 of a document is such as would be disorderly or unparliamentary, if 
 spoken in debate, it cannot be read ; no language can be orderly in a quo- 
 tation which would be disorderly if spoken; 16 E. Hans. (3), 217; Can. 
 Hans. (1885), 2210 ; lb. 2392. 
 
 * Mirror of P., 1840, vol. 20, p. 4820. 
 
 = 139 E. Hans. (3), 638 ; Can. Hans. ( 1885), 1461. Nor may a member 
 read to himself in a low tone ; he must address himself to the chair ; 221 
 E. Hans. (3), 1002-3. See resolution of 19th April, 1886 (Mr. Charlton), 
 with respect to the reading of voluminous and irrelevant extracts. 
 
 "12 ih. (1)1043; 1016. (1), 700; 161 26. (3), 432. 
 
 ' 61 E. Hans. (3), 141, 661, 662 ; 64 lb. 26 ; 230 lb., 1339 ; 241 lb., 831 ; 245 
 16., 1673. 
 
EXTRACTS FROM PAPERS. 409 
 
 minister of finance. Subsequently one of the Canadian 
 papers published a letter from Sir Alexander, in answer 
 to some of Mr. Mills's remarks ; and the latter rose and 
 proposed reading from the paper in question ; but the 
 speaker interrupted him and questioned the propriety of 
 this course — a decision entirely in accordance with the 
 English rules of debate.^ It is quite in order, however, for a 
 member to quote from a printed paper, on which he pro- 
 poses to found a motion.^ Members must read documents 
 or extracts in full if they wish them printed in the Cana- 
 dian official debates. 
 
 It has been laid down by the highest authorities that 
 " when a minister of the Crown quotes a public docu- 
 ment in the House, and founds upon it an argument or 
 assertion, that document, if called for, ought to be pro- 
 duced." ' But it is allowable to repeat to the House infor- 
 mation which is contained in a private communication.** 
 "When such private papers are quoted in the House there 
 is no rule requiring them to be laid on the table. ° 
 The rule respecting the production of public papers, 
 quoted by a minister of the Crown, is necessary to give 
 the House the same information he possesses, and enable 
 it to come to a correct conclusion on a question. It does 
 not appear that the English Commons have ever applied 
 
 ' Can. Hans. (1877) 1190- When a member proposed to read a letter in 
 the "Times" from General Hay, Mr. Speaker Denison interposed snd 
 said that " the hon. member had exercised a wise discretion in not doing 
 so." The House, however, is generaliy very indulgent in allowing this 
 rule to be suspended, in special cases when the conduct of a member is 
 in question, or when it requires more information on a matter of contro- 
 versy. 178 E. Hans. (3), 373. Also, 183 lb. 826. 
 
 ■^ 240 E. Hans. (3), 1069. 
 
 » Lord Palmerston, 166 K. Hans. (3), 2129 ; Mr. Canning's case, 63 E. 
 Com. J., 4th March, 1808; 176 E. Hans. (3j, 962; 156 lb , 1587; 235 lb., 
 935. But he may refuse in case he believes that the public interests 
 would be jeopardized, 243 E. Hans. (3), 940-41. 
 
 * Lord Palmerston, 146 E. Hans. (3), 1759; 156 lb., 1587. 
 
 " 119 lb., im. 
 
410 RULES OF DEBATE. 
 
 this rule to the case of private members citing public 
 documents not in the possession of the House.' 
 
 V. References to the Queen or Governor-General.— It is expressly 
 forbidden to speak disrespectfully of her Majesty or her 
 representative in this country, or of any member of the 
 royal family.^ Neither is it permitted to introduce the 
 name of the sovereign or her representative in debate, so 
 as to interfere with the freedom of discussion, or for the 
 purpose of influencing the determination of the House or 
 the votes of members with respect to any matter pending 
 in parliament.^ Oases, however, may arise where it is 
 permissible to introduce the name of the sovereign or of 
 the governor-general in debate. A member of the govern- 
 ment may, with the authority of the sovereign or governor- 
 general, make a statement of facts, provided it is not 
 intended to influence the judgment or decision of the 
 House.* A case in point occurred in 18*76 when Mr. 
 Disraeli was permitted to give an emphatic denial, on the 
 part of her Majesty, to some remarks made by Mr. Lowe 
 as to certain alleged unconstitutional influences brought 
 
 ^ The English authorities do not support a decision of the speaker in 
 1880 (Can. Com. J., 200) to the effect that a private member who quoted 
 from public documents ought to laj' them on the table. See May, 379. 
 Also the debate in the case of Sir C. Napier (137 E. Hans. (3), 261), dur- 
 ing which a private member read long extracts from public papers, in 
 possession of the government, but not before the House. The propriety 
 of his course was questioned, but it was not claimed he should lay them 
 on the table. Since 1880 the opinion of Mr. Speaker Blanchet has not 
 been followed ; it arose from a misunderstanding of the correct practice. 
 
 ^ Com. R. 13. 
 
 » Mr. Speaker Lefevre, 09 E. Hans. (3), 24, 574 ; 228 lb., 133-6 ; 235 lb., 
 1596. In 1783, Dec. 17, the House of Commons resolved that it was " a 
 high crime and misdemeanour, derogatory to the honour of the Crown, 
 a breach of the fundamental privileges of parliament, and subversive of 
 the constitution of the country, to report any opinion or pretended 
 opinion of his Majesty upon any bill or other proceeding depending in 
 either House." Also see the remonstrance of the Lords and Commons 
 to Charles I. on the 16th December, 1641. 
 
 * Sir Robert Peel, 9th May, 1843. 69 E. Hans. (3), 24, 574. 
 
RELEVANCY OF SPEECHES. 411 
 
 lo bear upon ministers and members in favour of the 
 Eoyal Titles Bill. On that occasion Mr. Speaker Brand 
 said : 
 
 "If the statement of the right hon. gentleman relates to mat- 
 ters of fact, and is not made to influence the judgment of the 
 House, I am not prepared to say that, with the indulgence of the 
 House, he may not introduce her Majesty's name into that state- 
 ment." Mr. Disraeli then proceeded to state, on the part of her 
 Majesty, "that there was not the slightest foundation for the 
 statement made by Mr. liowe.'' ' 
 
 It is not unusual in the Canadian House for the leader 
 of the government to make stat ements with reference to 
 the relations between the cabinet and his Excellency the 
 Grovernor-G-eneral, or in answer to false reports in the 
 public press. In the session of 18Y9 Sir John Macdonald, 
 then premier, read a statement from the Marquis of Lome 
 giving him authority to deny certain inaccurate state- 
 ments that had appeared in the Toronto " GMobe " with 
 respect to the reference to England of the question of the 
 dismissal of Lieutenant-G-overnor Letellier de St. Just.^ 
 
 When despatches are brought down from her Majesty 
 or the governor-general, it is of course perfectly legitimate 
 to discuss the subject-matter,' but it is irregular to say 
 that they have been brought down for a purpose. * 
 
 VI. Relevancy of Speeches.— A just regard to the privileges 
 and dignity of parliament demands that its time should 
 not be wasted in idle and fruitless discussions ; and con- 
 sequently every member who addresses the House, should 
 endeavour to confine himself as closely as possible to the 
 
 ^ 228 E. Hans. (3), 2037. In a subsequent speech a member was 
 allowed to quote from a diary publishei with the sanction of her Majesty, 
 when the passage cited did not affect any measure before the House ; 244 
 J6., 492-3. 
 
 ^ Can. Hans. (1879), 1100. 
 
 ■' Can. Hans., 1st March, 1877 (appointment of senators). 
 
 ■■ Mr. Speaker Cockburn, 3rd November, second session, 1873,Com. Jour. 
 
412 ROLES OF DEB A TE. 
 
 question under consideration. If the speaker or the House 
 belieA'^es that his remarks are not relevant to the question, 
 he will be promptly called to order by the former.^ It is 
 not, however, always possible to judge as to the relevancy 
 of a member's remarks, until he has made some progress 
 with his argument. The freedom of debate requires that 
 every member should have full liberty to state, for the 
 information of the House, whatever he honestly thinks 
 may aid it in forming a judgment upon any question 
 under its consideration.^ It is, therefore, always a delicate 
 matter for the speaker to interfere unless he is positive 
 that the member's remarks are not relevant to the subject 
 before the House. On such occasions he may very pro- 
 perly suppose " that the member will bring his observa- 
 tions to bear upon the motion before the House ; " ^ or 
 " that he will conclude with something that will bring 
 him within order."* But the moment there is no doubt as 
 to the irrelevancy of a member's observations, the speaker 
 will call his attention to the fact. " And he may nnd it 
 necessary to caution a member that " he is approaching 
 the limits of propriety which confine hon. members in 
 speaking to that which is relevant to the subject on hand," 
 and to express the hope " that he will be careful to confi.ne 
 himself to that which is relevant." " 
 
 In the English Commons the authority of the speaker, 
 in cases where members persist in making irrelevant 
 remarks on a question, has very recently been enlarged. 
 A member who repeatedly wanders from his subject is at 
 once reminded by the chair that he must keep to the 
 
 1227E. Hans. (3), 783, 896; 229 Ih., 1751; 230 J6., 1099; 231 76., 1222 ; 
 238 Ih., 214, 1976 ; 242 lb., 1696, 1700, &c. 
 ^ Gushing, p. 635. 
 
 « 18 E. Hnns. (3), 89 ; Mr. Speaker Sutton. 
 * Mr. Speaker Abbott ; Gushing, p. 637. 
 " 242 E. Hars , 1696 ; Mr. Speaker Brand. 
 « 222 lb., 1199. 
 
LENGTH OF SPEECHES. 413 
 
 question, and if he continues in his irregular course he is 
 " named " as disregarding the authority of the speaker.^ 
 
 VII. Length of Speeches— Members are not limited to time 
 when they address the House. Attempts have been made 
 in vain in the English Oomm ons to pass resolutions con- 
 fining speeches to a certain fixed limit of time. For 
 instance, in the session of 1849, whilst the standing orders 
 were- under consideration, Mr. Milner G-ibson proposed 
 that members should be confined to speeches of an hour's 
 duration, excepting only the introducers of original mo- 
 tions, and the ministers of the Crown ; but the House 
 negatived the proposed amendment by a large majority.^ 
 Similar motions have sometimes passed in the old parlia- 
 ment of Canada ; but a short experience proved that it 
 was not practicable, nor conducive to the public interests 
 (which are necessarily involved in free discussion) to 
 limit the time. ^ 
 
 But while no limit has been placed to the length of a 
 member's speech in the English Commons, a debate may 
 now be closed when the speaker or the chairman of the 
 committee of the whole is of opinion that a subject has 
 been adequately discussed, and the House resolves that 
 the question should be put forthwith. The cldture has 
 not yet been adopted in the Canadian parliament. 
 
 Vni. Motions for Adjournment.— The rule requiring that 
 speeches should be relevant to the motion immediately 
 under consideration has never been applied in the Cana- 
 dian Houses — nor until recently in the English Commons 
 — to motions for the adjournment of the House * or 
 
 ' 264 E. Hans. (3), 374, 385, 388, 389, 393, 396 ; See S. 0., xxv. 
 
 2 102 E. Hans. (3), 258. 
 
 5 Leg. Ass. J. (1851), 163, half an hour; (1854-5,) 162; three-quarters 
 of an hour. In the House of Representatives in Washington there are 
 rules limiting the time of speaking. Wilson's Digeat of Pari. Law, 404. 
 
 * May, 350 ; 99 E. Hans. (3), 1196 ; 161 lb-, 344. 
 
414 R ULES OF DEB A TE. 
 
 of the debate.* New rules have been quite recently adopted 
 in the English Commons to confine debate to a motion 
 for adjournment, when it is made during the discussion 
 of any matter.^ But so far the Canadian House has 
 not shown any disposition to waive what may be a valu- 
 able priA''ilege on certain occasions, when much latitude 
 of debate is necessary. A motion for the adjournment of 
 the House may be made while a matter is under discus- 
 sion, or in the interval of proceedings. In the first case 
 such a motion is in the nature of an amendment, and in 
 the other it is a substantive motion, to which a reply is 
 permitted to the member who makes it.' 
 
 Motions for the adjournment of the House or of the 
 debate are generally made in the Canadian Houses in the 
 course of a discussion, in order to give an opportunity to 
 members who have already spoken to speak again,'' or to 
 make certain explanations which, otherwise, they might 
 not be able to make.° 
 
 Substantive motions for the adjournment of the House 
 ought to be reserved for occasions when it is necessary to 
 discuss questions of gravity.'^ They are not unfrequently 
 proposed in the Canadian Commons with the view of 
 bringing before it some question in which a member is 
 immediately interested, and which he believes should be 
 explained by himself with as little delay as possible. 
 Consequently we find they have been sometimes made 
 for the purpose of giving a positive denial to certain 
 charges made against members; ' In 1818, a member 
 
 1 85 E. Hans. (3), 1405; 182 lb., 2172-5 ; Sen. Deb. (1884), 545. 
 
 '' See new S. 0. on this subject at the end of this work, app. L. 
 
 » Kule 15 of Com. ; rule 22 of Sen. : 186 E. Hans. (3), 1505. 
 
 * See Can. Hans., March 8, 1877 (Graving Dock at Levis) ; lb., March 
 13, 1878. Also 261 E. Hans. (3), 999. 
 
 5 Can. Hans. (1883), 949. 
 
 « lb. (1885), 2030 (Mr. Blake). 188 E. Hans. (3), 1523-6. Such motions 
 are now restricted in England. S. 0. xvii. See app. L. 
 
 ' Can. Hans. (1878), 2057. 
 
MOTIONS FOR ADJOURNMENT. 415 
 
 brought to the notice of the House, on such a motion, 
 that certain dominion oflicials were taking part in the 
 provincial elections of Quebec/ In 1891, Mr. Laurier 
 initiated in this way a long debate on the formation and 
 policy of the new administration, formed on the death of 
 Sir John Macdonald, premier of the ministry consequent- 
 ly dissolved ipso facto? 
 
 But even this practice, which is liable to abuse, has its 
 limitations. No member will be permitted, on such a 
 motion, to discuss an order of the day,^ or a notice of 
 motion on the paper,* or a motion which was dropped 
 owing to a count-out,^ or what has taken place in a for- 
 mer debate.^ On the 19th of July, IStS, Mr. "Whalley 
 was proceeding to discuss a resolution of which he had 
 given notice, but for which he could not find a seconder ; 
 Mr. Speaker Brand called him to order on the ground 
 that he was attempting under cover of a motion of ad- 
 journment to discuss a matter which was not regularly 
 before the house.'' It has also been decided that a motion 
 of adjournment is out of order on a motion that the House 
 go into committee on a bill on a future day.* Nor is it in 
 order under cover of a motion for adjournment to put a 
 question which the speaker has already declared to be 
 irregular.' "When there is a question before the House, 
 and a member moves the adjournment, he must confine 
 
 1 Can. Hans. (1878), 2227. 
 
 ''lb. June 22, 1891. See infra, chap. xxii. 
 
 8 140 E. Hans., 2037 ; 225 Ih., 1824 ; 231 lb.. 424, 426. Not even if the 
 motion deals with a kindred subject, 260 lb., 1985, 2008, 2011 ; Blackmore 
 (1883), 23. 
 
 * 185 76. (3), 886; 187 lb., 775. Can. Hans., 10th April, 1876; 269 E. 
 Hans. (3), 1246 (Lords). 
 
 5 224 lb., 593 ; Blackmore (1882), 76. 
 
 6 261 E. Hans. (3), 1689 ; Can. Hans. (1888), 1093. 
 ' 225 E. Hans. (3), 1664 ; Can. Hans. (1880), 1916. 
 8 221 E. Hans. (3), 744. 
 
 s 260 lb., 1257. 
 
416 RVLES OF DEBATE. 
 
 himself to the question.^ Nor, on a motion for the adjourn- 
 ment of the debate, can a member refer to a vote just 
 previously given, nor review what has taken place in the 
 House,^ nor debate the subject-matter of a bill,' nor refer 
 to a past debate.* It has also been ruled that a member 
 moving the adjournment of the House for the purpose of 
 asking if another member had a certain conversation with 
 the speaker was committing a gross abuse of the privi- 
 leges of the motion.'* 
 
 IX. Rules limiting Debate.— Both Houses have imposed 
 upon themselves very strict rules with the view of pre- 
 venting members from occupying unnecessarily their time 
 on any question under consideration. The following are 
 the rules of the Senate, regulating the limits of debate : 
 
 21. " A senator may speak to any question before the Senate, 
 or upon a question or an amendment to be proposed by himself; 
 or upon a question of order arising out of the debate ; but not 
 otherwise, without leave of the Senate, which shall be determined 
 without debate. 
 
 22. " No senator may speak twice to a question before the 
 Senate, except in explanation or reply, when he has made a sub- 
 stantive motion. " 
 
 23. " Any senator may require the question under discussion 
 to be read at any time during the debate, but not so as to inter- 
 rupt any senator whilst speaking. 
 
 24. " When a question is under debate no motion is received 
 unless to amend it, to commit it, to postpone it to a certain day, 
 for the previous question, for reading the orders of the day, or 
 for the adjournment of the House. 
 
 25. " Any senator called to order shall sit down and shall not 
 proceed without leave of the Senate." ' 
 
 1 232 E. Hans. (3), 1733, 1734. ^ 257 jj.^ 135I-2. 
 
 ' 259 lb., 1 79-80 ; 530. * 250 lb., 1446-7. 
 
 s 263 lb., 50-51 ; Blackmore (1883), 22. 
 <^Sen. Deb. (1884), 60. 
 
 ' See a decision of Mr. Speaker Miller in 1886 that a senator called to 
 order must sit down and cannot proceed without the unanimous assent of 
 
RULES LIMITING DEBATE 41'7 
 
 The foregoing rules are substantially the same as those of 
 the House of Commons, to whose practice we shall now 
 proceed to refer. It is ordered by the rules of that House : 
 
 15. " No member may speak twice to a question, except in ex- 
 planation of a material part of his speech, in which he may have 
 been misconceived, but then he is not allowed to introduce new 
 matter. A reply is allowed to a member who has made a sub- 
 stantive motion to the House, but not to any member who has 
 moved an order of the day, an amendment, the "previous ques- 
 tion," ^ or an instruction to a committee." ^ 
 
 It is the practice in the Canadian House for the member 
 who makes a motion to give the name of his seconder, 
 who may, if necessary, lift his hat as evidence that he has 
 intimated his consent, and under such circumstances he 
 is allowed to speak at a subsequent stage of the debate on 
 the question.^ But if a member who moves an order of 
 the day or seconds a motion, should rise and say only a 
 word or two, — that he moves the order or seconds the 
 motion — he is precluded from again addressing the House 
 according to a strict interpretation of the rules.* In mo- 
 ving an amendment, a member is obliged to rise, and 
 though he may only propose his amendment, he is con- 
 sidered to have exhausted his right to speak on the ques- 
 tion before the House.^ On the same principle when a 
 member rises and simply reads a substantive motion to the 
 House, he is considered to have spoken to the question, 
 but he may claim the right of reply at a later stage." 
 
 the House ; that is to say, any one member may prevent him from going 
 on, when he has been called to order under the rule, Deb. 775-778 ; 883. 
 
 1 May, 360. 
 
 ^ Nor, under English decisions, to the mover of a motion for referring a 
 bill to a committee specially constituted and enlarging its terms of refer- 
 ence ; May, 360. 
 
 » This is the English practice; May, 361 ; 210 E. Hans. (3) 304. 
 
 * 194 E. Hans. (3) 1470. But it is unusual to enforce the rule so strictly 
 as in the case cited. Also 4 Hans. N. S., 1013. 
 
 5 118 E. Hans. (3) 1147, 1163 ; Mr. B. Osborne's am. ; May, 361. 
 
 ^ Can. Hans. 14th April, 1877 ; secret service (Mr. Young). 
 
 27 
 
418 RULES OF DEBATE. 
 
 A member who lias already spoken to a question has 
 no right to rise again and propose an amendment or the 
 adjournment of the House, or of the debate, though he 
 may speak again to those new questions, when they are 
 moved by other members.^ For the same reason a mem- 
 ber who has moved the adjournment of the debate which 
 has been negatived cannot speak to the original question.^ 
 A member who has moved or seconded the adjournment 
 of a debate cannot afterwards rise to move the adjourn- 
 ment of the House.^ And " as a member who moves au 
 amendment cannot speak again, so a member who speaks 
 in seconding an amendment, is equally unable to speak 
 again upon the original question, after the amendment 
 has been withdrawn, or otherwise disposed of. In both 
 cases the members have already spoken while the ques- 
 tion was before the House, and before the amendment had 
 been proposed from the chair." * 
 
 It is usual for a member who wishes to have the floor 
 on a future day to moA''e the adjournment of the debate, 
 and to give him the priority when it is resumed. The 
 House also frequently agrees to adjourn the debate in order 
 to allow an opportunity to a member to continue his 
 speech on a future occasion.^ But a member must rise in 
 his place when the House resumes the debate, otherwise 
 he will forfeit his privilege.'' If a member should move 
 
 ' May, 362; 222 E. Hans. C3), 1120; 237 lb. 408, 1532. Mr. flolton, 25th 
 Feb., 1878 (gov.-gen.'s expenses). See Gushing, pp. 618, 619 with reference 
 to speeches on main question and amendments tliereto. 
 
 ^ 227 E. Hans. (3), 1098; 254 lb. 1793 . 257 lb. 1351-2. 
 
 ^ May, 362 ; 202 E. Hans. (3), 448-450 ; 240 lb. 123. 
 
 * May, 361 ; 241 E. Hans. 1311. It appears, however, from a later deci- 
 sion that if a member moves an amendment, and does not speak, he will 
 be allowed to address himself to the main question by withdrawing the 
 amendment; 217 E. Hans. (3), 1405. 
 
 ^ See Can. Hans. 7th April, 1877 (Mr. Costigan) 1266-7. Also 13 E. 
 Hans. (1), 114; 194 lb. (3), 1470; 196 lb. 1365. 
 
 " 126 E. Hans. (3), 1246. This rule has been always observed in the 
 Canadian House. 
 
PERSONAL EXPLANATIONS. 419 
 
 the adjournment of the debate, and the House should 
 negative that motion, he will have exhausted his right of 
 speaking on the main question.^ "When a debate is ad- 
 journed until a future day, a member who has previously- 
 spoken on the subject will have no right to speak again, 
 unless a new question has been proposed in the shape of 
 an amendment.^ 
 
 X. Personal Explanations — But there are certain cases where 
 the House will permit a member who has already spoken 
 to a question to make some further remarks by the way 
 of explanation before the debate finally closes. For in- 
 stance, when a member conceives himself to have been 
 misunderstood in some material part of his speech, he is 
 invariably allowed, through the indulgenceof the House, 
 to explain with respect to the part so misunderstood,* and 
 this privilege of explanation is permitted without leave 
 being actually asked from the House.* But such explana- 
 tions must be confined to a statement of the words actu- 
 ally used, when a member's language is misquoted or 
 misconceived, or to a statement of the meaning of his lan- 
 guage, when it has been misunderstood by the House ; ^ 
 for the speaker will call him to order the moment he goes 
 beyond that explanation, and replies to the remarks of 
 members in the debate ; " or attempts to censure others ; ^ 
 or proceeds to state what he was going to say, but did 
 not ; * or to give the motives which operated in his mind 
 
 1 194 E. Hans. (3), 1470 ; 198 lb. 1365 ; 232 lb. 1341 ; Can. Hans. (1878) 
 1976 (Mr. McDougall). 
 
 '' 1 E. Com. J. 245 ; May, 362. 
 
 ^ 12 E. Hans. (3), 923 ; 223 lb. (3), 1187; lb. 367 ; Sen. Deb. (1874), 84. 
 
 * May, 359. 
 
 " 167 E. Hans. (3), 1215. Can. Hans. (1875), 861-4. 
 
 6 66 E. Hans. (3), 884; 165 lb. 1032; 223 lb. 367; 224/6. 1924; 232 lb, 
 358 ; Mr. Goudge, Can. Hans. 3rd April, 1878. < 
 
 ^ 175 E. Hans. (3), 462-6 ; 252 lb. 225. See remarks of Mr. Sp. Kirk- 
 patrick. Can. Hans. (1886), 1198. 
 
 8 E. Hans. (1), 814, 815. 
 
420 RULES OF DEBATE. 
 
 to induce him to form the opinion which he had ex- 
 pressed ; ^ or to explain the language of other members ; ^ 
 or to explain the conduct of another person ; ^ or to go into 
 any new reasoning or argument or to advert to a past 
 debate on any other matter/ It is necessary, howerer, to 
 observe here that in all cases of personal explanation the 
 House is generally disposed to be indulgent and will 
 frequently " waive a rigid adherence to established usage," 
 especially when the public conduct of a member is in- 
 volved.' The indulgence of the House will also be given 
 to a member who has already exhausted his right of 
 speaking, when he states that certain facts have come to 
 his knowledge with respect to a matter in which the 
 House is interested, and on which it is necessary that the 
 House should come to a correct decision.^ The same in- 
 dulgence is almost invariably shown to ministers of the 
 Crown, when it is necessary to place the House in full 
 possession of all the facts and arguments necessary to give 
 a full understanding of a question/ The House will also 
 always be disposed to listen indulgently to explanations 
 in refutation of statements injuriously affecting the con- 
 duct of important public functionaries or officers of the 
 army or navy/ But while great latitude is allowed in 
 personal explanation, no reference should be made to 
 another member in connection with the subject except in 
 his presence/ 
 
 1 29 E. Hans. (1), 409. ^ 26 Ih. (1), 515 ; 41 lb. 167. 
 
 5 38 E. Hans. (3), 13. * 161 lb., 355, 487. 
 
 ^ 87 E. Hans. (3), 537 ; 222 lb. 1187 ; Sen. Deb. (1873), 10-12. See Can. 
 Hans. 1878, 12th Feb., when Messrs. Jones and Tupper were allowed to 
 speak twice in personal explanation. 
 
 « 2 Hatsell, 105 ; 111 Grey, 357, 416; 18 E. Hans. (3), 510,555 ; Gushing 
 p. 628. ' 119 E. Hans. (3), 88, 153. 
 
 8 148 E. Hans..(3), 672, 1364, 1458. Can. Hans. (1878), 803. Sir John 
 Macdonald, when oilers were called, read memorandums from Chief 
 Justice Young and Judge Desbarres in answer to remarks of Mr. Alfred 
 Jones in the House on 12th Feb. See also 210 E. Hans. (3), 406, Mr. Reid, 
 admiralty organisation. ^ 216 lb. 1783, Blackmore's Sp. D. (1882), 151-2. 
 
CALLING IN QUE&TION A MEMBER'S WORDS. 421 
 
 XI. Calling inQuestionaMember's Words.— Whatever a mem- 
 ber says in explanation — whether relating to the words 
 or the meaning of his speech — is to be taken as true and 
 not afterwards called into question. The words, which 
 he states himself to have used, are to be considered as the 
 words actually spoken ; and the sense in which he says 
 they were uttered, as the sense in which they are to be 
 taken in the debate. If a member disavows the use of 
 words attributed to him, and objected to, the matter must 
 end.^ 
 
 XII. Interruption of Members.— It is a well recognized rule 
 that when a member is in possession of the House he can- 
 not be deprived of it without his own consent, unless 
 some question of order, or of privilege should arise ; in 
 which case he must sit down until such question has 
 been disposed of ^ A member who interrupts another on 
 a point of order should state it clearly, and must not pro- 
 ceed to wander beyond it, and touch upon the question 
 under debate.^ A message from the governor-general, or 
 deputy governor, brought by the usher of the black rod, 
 will also interrupt a member or any proceeding, but the 
 debate or business will continue when the House resumes.* 
 In the August meeting of 18^3, Mr. Mackenzie was ad- 
 dressing the House, when the gentleman usher knocked 
 at the door and was ordered to be admitted by the speaker, 
 who proceeded forthwith to the Senate chamber where 
 the Houses were formally prorogued.'^ No member who 
 rises to a question of order or privilege will be permitted 
 
 1 21 E. Hans. (2), 393 ; Can. Hans. 1878, loth Feb. (Mr. Dymond) p. 34. 
 Also 2 E. Hans. (1), 315; 61 lb. (3), 53 ; 200 lb. 918; 233 lb. 1566-69; 
 245 lb. 1474. 
 
 ^ E. 17, supra, 4:05. 
 
 ^ 7 E. Hans. (1), 194, 208; 195 lb. (3), 2007-S. 
 
 * Can. Com. J. (1884), 189; Can. Hans. (1888) 1196, 1197; lb. (1889) 745 
 (Mr. Beausoleil was speaking when the message was received). 
 
 5 Pari. Deb., 13th August, 1873. Also 2 Hatsell, 374-7. 
 
422 RULES OF DEBATE. 
 
 to move an adjournment of tlie House or of the debate 
 under the cover of such question. In such a case the 
 speaker will prevent him proceeding further, and call 
 upon the member who had first possession of the House 
 to proceed.^ "Whilst a member is addressing the House, 
 no one has a right to interrupt him by putting a question 
 to him, or by making or demanding an explanation.^ A 
 member will, at times, allow such interruptions through 
 a sense of courtesy to another, but it is entirely at the 
 option of the member in possession of the House to give 
 way or not to an immediate explanation ; and it is quite 
 manifest that all such interruptions are very inconvenient 
 and should be deferred until the end of a speech.' But any 
 member, under rule 14, may require the question under 
 discussion to be read at any time of the debate, but not so 
 as to interrupt a member whilst speaking. 
 
 When, in the English Commons, a member has fre- 
 quently interjected remarks while another member has 
 been speaking, he has been warned by Mr. Speaker that 
 if he continues such disorderly interruptions, he will be 
 "named" as disregarding the avithority of the chair un- 
 der the rigid rules lately adopted for the seemly conduct 
 of debate.^ 
 
 Xni. Speaking on Calling of Orders— It is a common practice 
 for members in both Houses of the Canadian Parliament 
 to make personal explanations or ask questions of the 
 government when the orders of the day are called. They 
 m-ake these explanations in reference to an inaccurate re- 
 
 ' 45 E. Hans. (3) 956. A member has been introduced whilst a member 
 was speaking; Mr. White, 11th March, and Mr. Orton, 12th March, 1879; 
 Mr. Shanley, Can. Hans- (1885), 3103. See case of a return for election and 
 the introduction of the member himself during a debate ; lb., 1192 (Mr. 
 Guillet). For analogous proceeding, 93 E. Com. J. 276, 308. 
 
 ■^ 192 E. Hans. (3), 749. 
 
 3 231 E. Hans. (3) 301; 226 lb. 356; Can. Hans. (1884) 561. 
 
 *261 E. Hans. (3) 1250, 1257; Blackmore (1883) 22. 
 
SPEAKING ON CALLING OF ORDERS. 423 
 
 port of their speeches in the official record ^ or in the news- 
 papers;^ or in denial of certain charges made against 
 them in the public prints ; ^ or in reference to certain re- 
 marks which had been misunderstood on a previous 
 occasion, and which they had not before had an oppor- 
 tunity of explaining ; * or in respect to the incompleteness 
 or inaccuracy of certain returns brought down under the 
 order of the House.° Questions have been asked, when 
 the orders are called, relative to the state of public 
 business, or other matters of public interest.* But 
 no discussion should be allowed when a minister has 
 replied to a question, nor after a member has made his 
 personal explanation/ In asking a question, a member 
 must not attack the conduct of the government.* If a 
 member wishes to make personal explanations in reference 
 to remarks which have fallen from another member, the 
 latter ought to be in his place ; ^ and he will take steps, as 
 a matter of courtesy, to inform the member of his iatention 
 to address the House on the subject at a particular time.^" 
 But no question can be put, nor remarks made, after the 
 clerk has read the first item on the order paper ; for then 
 all questions or remarks must clearly relate to the business 
 under consideration.^^ 
 This practice of the House of Commons on the calling 
 
 1 Mr. Pouliot, Hans., 1878, p. 631. Senator Miller, Sen. Deb. (1880) 243 
 
 2 Pari. Deb. (1870)522. 
 
 3 Can. Hans. (1875) 861-2; 76. (1878) 1311. Such explanations are not 
 allowable on the ground of privilege, unless the conduct of a member as 
 a member is attacked, and in that case a motion should be formally pro- 
 posed. Mr. Holton's remarks, 21st March, 1878; also 11th April, 1878. 
 See on this point supra 377 and 222 E. Hans. (3) 1186-1203. 
 
 *87E. Hans. 13)480. 
 
 6 Can. Hans. (1878), 532, 593. 
 
 " Ih. (1878) 593, 708. 
 
 ' lb. (1878) 595. « Ih. (1878) 1269. 
 
 ^ 216 E. Hans. (3) 1783. 
 
 'o 174 lb. (3) 192. 
 
 " May, 284; Can. Hans. (1889), 384. 
 
424 RULES OF DEBATE. 
 
 of orders has been of recent years carried to an inconven- 
 ient degree, and at times indeed in direct violation of the 
 rules and usages governing questions and motions. The 
 rule respecting questions has been consequently set 
 at nought by taking advantage of a practice which has 
 not the authority of correct parliamentary procedure to 
 sustain it. Remarks with respect to a return not brought 
 down in answer to an order or address, or on a matter of 
 urgency, or of public business, or of personal explanation, 
 may be allowed by the indulgence of the House, but not 
 as a matter of absolute right. All questions and the 
 answers thereto, — when answers are necessary, — should 
 be brief, and involve no matter of controversy or debate. 
 The rules and usages of the Canadian Houses afford every 
 proper opportunity for the discussion of questions, and 
 the practice under consideration is one which should be 
 carefully avoided. If a member wishes to bring up a 
 question of urgent public importance, he should conclude 
 with a motion for the adjournment of the House.^ 
 
 In case of ministerial changes, explanations are generally 
 allowed to be made in both Houses when orders of the 
 day are called by the speaker.^ When the premier or 
 member leading the government in the House has made 
 such explanations, it is usual to permit the leader of the 
 opposition to make some remarks on points arising out of 
 the former speech. In fact, considerable latitude is allowed 
 
 ^ See remarks of speakers on the proper procedure to follow : Can. Hans. 
 (18851,2890: lb. (1888)1093; Ih. (1889) 385; Ih. (1890) 506, 1516, 3198. 
 As an illustration of the inconveniences of the practice, see Can. Hans, for 
 July 10th, 1885. In the session of 1885, when an insurrection liad broken 
 out among the Half-breeds, questions were asked of the government to an 
 extraordinary degree, but the excuse at this time was the necessity of 
 keeping the public informed during a national emergencj^. In 1891 the 
 practice was carried to an inordinate extent, and Mr. Speaker White was 
 forced more than once to call attention to its inconveniencies, and to ask 
 the House to assist him in restraining it to questions of urgency and 
 necessity. See Can. Hans. June 4, 18, etc. 
 
 2 214 E. Hans. (3) 1945 ; Sen. Deb. (1873) 31-36; Can. Han?. (1877) 32. 
 
REFERENCES TO OTHER MEMBERS. 425 
 
 by the indulgence of the House on such occasions in the 
 Canadian Commons. In the English Commons, it is irre- 
 gular to permit any debate, after the ministerial state- 
 ment has been made, unless some question is formally 
 proposed to the House ; ^ and the same practice obtains in 
 the Lords — a motion for the adjournment being made 
 when a debate is expected.^ 
 
 XIV. Manner of addressing another Member-— A member ad- 
 dressing the House must not mention another member by 
 name, but must refer to him in certain terms which the 
 experience of parliament has proved to be best calculated 
 to preserve the decorum of debate. The Senate have an 
 express rule on this point ; ^ and it is usual in that House 
 to speak of another senator as " the hon. member for 
 Grandville " (or other division he may represent) ; * or 
 simply the hon. member ; ^ or " the hon. postmaster- 
 general " (or other office he may hold in the government) ; " 
 or his hon. friend and colleague from Nova Scotia (or 
 other province).'^ In the Commons, members are referred 
 
 to as the hon. member for ; the hon. minister of 
 
 inland revenue ; the hon. premier, or first minister, or the 
 hon. gentleman who leads the government ; the hon. and 
 learned memberi ; the right hon. gentleman ; or in such 
 other terms as designate a member's position, rank or 
 profession.^ But it is not irregular to refer to members of 
 a previous parliament by name,^ or even to refer to a 
 
 1 174 E. Hans. (3) 1215, 1216 ; 191 lb. 1694-1717 ; 1787-1819. See on 
 this point, Todd ii., 491. Also chap, xxii of this work. 
 
 2 153 E. Hans. (3) 1266. 
 
 ^ E, 20. " Every senator desiring to speak is to rise in his place 
 uncovered, and address himself to the rest of the senators, and not refer 
 to any other senator by name-'' 
 
 * Pari. Deb. (1870) 1440. ^ Ih. 1442. 
 
 "76.1446,1450. '26.1480. 
 
 « Can. Hans. (1877) 11, 17, 33, 212, 241 ; 231 E. Hans. (3) 301, &c. Also 
 Sen. Deb. (1879) 124, 390. 
 
 9 252 E. Hans. (3) 1364-5. 
 
426 RULES OF DEBATE. 
 
 member by name, when there are two gentlemen of the 
 same name sitting for a constituency, and it is necessary 
 to distinguish between them.^ 
 
 XV. References to the other House-— It is a part of the un- 
 written law of parliament that no allusion should be 
 made in one House to the debates of the other chamber, a 
 rule always enforced by the speaker with the utmost 
 strictness.^ Members frequently attempt to evade this 
 rule by resorting to ambiguous terms of expression — ^by 
 referring, for instance, to what happened " in another 
 place ; " ^ but all such evasions of a wholesome practice 
 will be stopped by the speaker, when it is very evident 
 to whom the allusions are made.* It is perfectly regular, 
 however, to refer to the official printed records of the 
 other branch of the legislature, even though the dooument 
 may not have been formally asked for and communicated 
 to the House.^ 
 
 XVI- References to previous Debates— No member, in speak- 
 ing, can refer to anything said or done in a previous 
 debate during the same session — a rule necessary to econo- 
 mise the time of the House." Neither is it regular to refer 
 
 1 261 E. Hans. (3) 23. 
 
 ^198 lb. (8) 368; 208 Ih. 1682; 228 IK, 1771; 267 lb., 44; Sen. 
 Deb. (1871) 284; lb. (.1884), 167. "There is no S. O. on the sub- 
 ject, but the unwritten law of parliament is of equal, if not of greater 
 force than any S. O. of this House." Mr. Speaker Brand, June 9, 
 1876 ; Blackmore's Sp. D. (1882) 117-8. In the old times of conflict 
 between the legislative council and assembly of Lower Canada this wise 
 rule was constantly broken ; a very memorable case is mentioned in 
 Christie, ii., 370-6. When declarations have been made by ministers of 
 the Crown in the Lords, exceptions have been made to the strict observ- 
 ance of the rule. Mr. Sp. Denison, 191 E. Hans. (3), 1786. 
 
 ^ 159 lb. (3) 1481. « 168 lb. (3) 1197, 1198. 
 
 * 99 lb. (3) 631 ; 159 lb. 856. Also 4 Ih. (N.8.) 213. 
 
 « 13 lb. (N.S.) 129 ; 229 lb. (3) 124. Can. Hans. (1879) 1824. The rule, 
 however, does not apply to the different stages of a bill ; 229 E. Hans. 
 (3)374, 239 //i. i»74. On a motion for the adjournment of the House a 
 member cannot infringe this wise rule ; 250 lb. (3) 1446-48. 
 
PRESERVATION OF ORDER. 427 
 
 to arguments used in committee of the whole ; ' nor to an 
 amendment proposed in the same.^ Neither may a mem- 
 ber read, from a printed newspaper or book, comments on 
 any speech made in parliament during the current session.^ 
 It is also in contravention of the rules of the House to 
 discuss measures which are not regularly before it/ But 
 a reference to a previous debate, by way of illustration, 
 is in order.^ But a mem.bsr may always quote from a 
 speech made in a previous session." 
 
 XVII. Rules for the Preservation of Order.— Yery strict rules 
 have been laid down, from time to time, by the two 
 Houses for the preservation of decorum and order in their 
 debates and proceedings. The Senate has also adopted the 
 following rules to prevent the use of personal and un- 
 parliamentary language in the course of debate : '' 
 
 26. " All personal, sharp, or taxing speecl^efc are forbidden, and 
 any senator conceiving himself offended, or injured in the Senate, 
 in a committee room, or in any of the rooms belonging to the 
 Senate, is to appeal to the Senate for redress. 
 
 2*7. " If a senator be called to order, for words spoken in debate, 
 upon the demand of the senator so called to order, or of any other 
 senator, the exceptionable words shall be taken down in writing. 
 And any senator who has used exceptionable words, and does not 
 explain or retract the same, or offer apologies therefor, to the 
 satisfaction of the senator, will be censured or otherwise dealt 
 with as the Senate may think fit." 
 
 Similar orders have been, for centuries, the rules of the 
 House of Lords. ^ In case of a difference between senators 
 
 ' 154 E. Hans. (3) 985 ; 221 lb. 10434, Blackmore's Sp. Dec. (1882) 50. 
 ' 221 lb. (3), 1044. 
 
 ' 263 lb.. 1613 ; 221 Tb. 309. Nor even ask a member if he is correctly 
 reported to have made certain statements that session ; 238 lb. 1403. 
 ' 235 lb. 323 ; .236 lb. 15. 
 ^ 234 lb. 1916. 
 " 162 lb. 393. 
 
 ' Sen. Deb. (1885) 60 ; irrelevant remarks are also forbidden, lb. 167, 
 » S. 0. 16 and 19 ; June 13th, 1626 ; Mirror of P. 1833, vol. 22, p. 2855. 
 
428 EULES OF DEBATE. 
 
 the matter will be discussed with closed doors.^ The 
 Senate wuU also " interfere to prevent the prosecution of 
 any quarrel between senators, arising out of debates or 
 proceedings of -the Senate, or any committee thereof." ^ 
 The Lords have even extended this rule to prevent quarrels 
 which have happened outside from proceeding any fur- 
 ther.' In such matters, however, the speaker has no more 
 authority than any other peer, and in that respect occu- 
 pies a position very different from that of the speaker of the 
 Commons, whose duty it is to stop a member the moment 
 he is guilty of a breach of order, and to enforce the rules 
 and usage of the House with promptitude and decision.* 
 
 In the House of Commons a member will not be per- 
 mitted by the speaker to indulge in any reflections on the 
 House itself, as a political institution, or as a branch of the 
 government ; ' or to impute to any member or members 
 unworthy motiveie for their action in a particular case ; " 
 oriouse any profane or indecent language, such as is 
 unfit for the House to hear or for any member to utter ; ' 
 01 to question the acknowledged and undoubted powers 
 of the House in a matter of privilege ; ' or to reflect upon, 
 argue against, or in any manner call in question, the past 
 acts and proceedings of the House ; " or to speak of com- 
 mittees as if they were the special nomination of any per- 
 son or " packed by the majority " ; '" or to speak in abusive 
 and disrespectful terms of an act of parliament ; " or to 
 
 ' Sen. Deb. (1871), 83. For a case of takingdown words, and a subsequent 
 retraction, see Sen. Deb. (1880), 800. 
 
 ■' Sen. R. 28 ; 31 Lords' J. 448. 
 
 ' May, 375 ; 36 Lords' J. 191. 
 
 ■* May, 390. See debate in Senate on Speaker's powers, June 21, 1887. 
 
 5 13 S. O. ; 11 E. Com. J. 580; 15 E. Hans. (1), 338-9 ; 236 lb. (3), 397. 
 
 » 6 lb. (N. S.), 69, 70. Ivot to members of the government, for in- 
 stance ; 245 76. (3), 1587. 
 
 ' 16 lb. (3) 217 ; 218 lb. 1831. » 4 E. Hans. (N.S.), 116. 8 
 
 ' 2 Halsell, 234 ; 2 E. Hans. (1), 695. 
 
 '» 4 lb. (1), 738; Can. Han?. (1878), 630. 
 
 '1 35 E. Hans. (1), 369. 
 
UNPARLIAMENTARY LANGUAGE. 429 
 
 speak ironically or in terms of disrespect of the members 
 of the other House of Parliament.^ Personal attacks upon 
 members will always be promptly rebuked by the speaker. 
 " There is no rule better established," said Mr. Speaker 
 Addington on one occasion, " than that qui digreditur d 
 materia ad personam is disorderly, that whatever wanders 
 from the subject in debate and is converted into a 
 personal attack is contrary to order." ^ No member will 
 be permitted to say of another that he could expect no 
 candour from him ; ^ that he only affected to deplore the 
 distresses of the country ; ^ that his remarks are insulting 
 to the House and to the country ; ° that he is in the habit 
 of uttering libels, in the House ; " that he is guilty of gross 
 misrepresentations ; ^ that he has acted basely or from base 
 motives ; * that he is observed indulging in a smile un- 
 worthy of a man ; ' that the House has a right to know 
 whether a member meant what he said or knew what he 
 meant ; ^^ No member can be allowed to apply the expres- 
 sion " impertinence " to another member ; " or to attribute 
 motives ^^ or any intention to insult others ; " or to ques- 
 tion the honour of one ; " or to tell a member that 
 he went about the country telling palpable lies ; ^^ or that 
 certain members would shrink from nothing, however 
 illegal or unconstitutional ; '^^ or that " members came to 
 the House to benefit themselves ; " " or that " a member 
 has acted as a traitor to the sovereign ;" ^* or " that liberty 
 
 I 264 E. Hans. (3), 1590 ; 3 Hatsell, 74 ; Gushing, pp. 659, 660. 
 
 ' 38 Pari. Eeg. 367 ; also 6 E. Hans. (N.S.), 69, 70, 518 ; 16 Ih. 470. 
 3 33 16. (1), 505 *4J5. (2), 243. 
 
 5 3 Ih. (3), 1152, 1153. « 3 II. (3), 1194. 
 
 ' 8 Ih. (2), 410. « 27 Ih. (3), 120. 
 
 » 4 Ih. (3), 561. " 4 Ih. (2), 240. 
 
 II 230 Ih. (3), 863. 
 
 i''^ 35 Ih. (1), 723 ; 6 Ih. (2), 69 ; 231 Ih. (3), 437. 
 IS 228 Ih. 2029, 2030. " 222 Ih. 329. 
 
 15 223 Ih. 1015. 1" 219 Ih. 589. 
 
 " 6 lb. (2), t9. i« 257 lb. 1294. 
 
430 R ULES OF DEB A TE. 
 
 and regard of private right are lost to the House," and 
 that a " minister had transferred himself from a constitu- 
 tional minister into a tyrant ;" ' or that a member has 
 stated what he knew not to be correct ; ^ or that he does 
 not believe a statement he himself has made ; ' or that he 
 had inspired another member in a certain disorderly 
 course which had brought down the censure of the 
 House ; * or that he shelters himself behind his temporary 
 privilege to evade a criminal action ; " nor may he refer 
 derisively to another member " as the member who sits " 
 for a constituency ; ^ or say that he sits for his con- 
 stituency " by the grace of the leader of the government " 
 that he is a " servile follower " of a government J On one 
 occasion in the English House of Commons a member 
 said that " at last he had got at the truth ; but it had 
 taken a long time to extract it — not from any intention of 
 the right hon. gentleman (Mr. Goschenj, to mislead the 
 House, but from the tendency of official habits." The 
 Speaker said, on Mr. Goschen rising to remonstrate, that 
 '" he thought the hon. member was about to qualify his 
 statement, and he trusted that the hon. member would 
 now withdraw it."* On another occasion a member 
 having spoken of " a course which he held to be unworthy 
 of a minister of Victoria, unworthy to be listened to by 
 any man of honour in this House," the speaker interposed 
 immediately and said that " the hon. member was ex- 
 ceeding the rules of debate."^ Again, when a member 
 has intimated that he would move the adjournment, 
 unless certain explanations were given, the speaker has 
 interposed and called him to order for using language 
 
 ' 264 E. Hans. 390 ; Blackmore (1883), 26. 
 
 2 261 lb. 1028. s 261 Ih. 996. 
 
 * 261 Ih. 419. 5 Can. Hans. (1883), 519. 
 
 " Can. Hans. (1883) 520. 
 
 ' lb. (1878), 2191 ; lb. (1884), 448. 
 
 » 218 E. Hans. (3), 1875. ' 220 lb. 583. 
 
CALLING A MEMBER TO ORDER. 431 
 
 menacing to the House.^ "Words which are plain and 
 intelligible, and convey a direct meaning, are sometimes 
 used hypothetically or condilionally, upon the idea, that, in 
 that form, they are not disorderly. But this is a mistake. 
 If, notwithstanding their being put hypothetically or 
 conditionally, they are plainly intended to convey a direct 
 imputation, the rule is not to be evaded by the form in 
 which they are expressed. Thus, where a member, being 
 called to order for personal remarks, justified himself by 
 saying that he was wholly misunderstood, he had put the 
 case hypothetically, the speaker, Mr. Manners Sutton, said 
 '•' the hon. member must be aware that putting a hypo- 
 thetical case was not the way to evade what would be 
 in itself disorderly."^ 
 
 It is the duty of the speaker to interrupt a member who 
 makes use of any language which is clearly out of order.^ 
 On one occasion Mr. Speaker Sutton said: 
 
 '' That lie always felt it a painful duty to interrupt members, 
 but it was his first duty to preserve order in the House. The 
 orders of the House were made not for the advantage of one party 
 or the other, but for public purposes, and to preserve the general 
 freedom of debate. His sole wish, on such occasions, was to pre- 
 serve the dignity of the House, and the regularity of debate." * 
 
 In matters of doubt ^ or of trifling importance,'' he will 
 naturally hesitate to call a member to order. Very often, 
 to quote Mr. Speaker Sutton again, 
 
 " He may feel it most convenient to leave such subjects to be 
 regulated by the general sense of the House, taking from them 
 the hint, and declining himself to interfere, unless under circum- 
 stances likely to obstruct the public business." ^ 
 
 1 261 E. Hans. (3)1082. 
 
 ^8 76.722,723; 28 J6. 15. 
 
 3 8 lb. 410 ; 228 lb. (3) 2029 ; 231 lb. 437 
 
 * 6 lb. (2) 69, 70, 044. 
 
 5 13 lb. (2) 129, 130. 
 
 " 2 lb. (2) 944. -f 13 lb. (2) 130. 
 
432 RULES OF DEBATE. 
 
 But on all occasions it is the right of a member to rise 
 and call another member to order. He must state the point 
 of order clearly and succinctly, and it will be for -the 
 speaker to decide -whether the point is well taken. A 
 member is not at liberty, in rising to order, to reriew the 
 general tenor of a speech, but must object to some definite 
 expression at the moment when it is spoken.' It is legiti- 
 mate on such occasions for members to debate the point of 
 order, but they must confine themselves strictly to it.^ 
 When the speaker has pronounced his opinion it is almost 
 invariably acquiesced in ; but while no member can be 
 permitted to argue against it, he can take the sense of the 
 House thereon. Rule 12 provides : 
 
 " A member called to order shall sit down, but may afterwards 
 explain. The House, if appealed to, shall decide on the question, 
 but without debate. If there be no appeal the decision of the 
 chair shall be final." 
 
 But there are few instances, even in the early records 
 of the English Commons, of the speaker being overruled 
 on such points of parliamentary order.^ Some instances 
 have occurred in the Canadian Houses, of his decisions 
 on disputed points of procedure having been overruled.* 
 In all matters of doubt, the speaker will always listen 
 attentively to the opinions of members of experience, or 
 sometimes, instead of expressing his opinion on either 
 side, may ask instructions from the House on the point 
 in dispute ; ^ or refer the question to the discretion or 
 feeling of the House ; ^ or suggest that the House may, if 
 
 1195E. Hans. (3)2007. 
 
 2 1 lb. (1) 800, 801 ; 7 lb. 194, 208; 195 lb. (3) 2007. 
 
 ^ Gushing, p. 677. 
 
 * Can. Com. J., (1873), 59. The House may also discuss as a point of 
 order any apparent irregularity in the procedure. For instance, if a 
 member thinks a question has not been put distinctly and regularly from 
 the chair; 174 E. Hans. (3) 1960-4. 
 
 ^ 7 lb. (1) 188, 207, 208. 
 
 « 4 lb. (2) 518, 519 ; 6 lb. {1} 847. 
 
NAMING A MEMBER. 433 
 
 it think proper, dispense with, the rule in a particular 
 case ; ' Also, in many doubtful cases, the speaker will 
 be entirely guided by the circumstances connected there- 
 with,^ and will endeavour to meet the wishes of the 
 House, when he has heard them expressed.' 
 
 XVIII. Naming a Member.— "When a member has been called 
 to order by the speaker, for a breach of parliamentary 
 decorum, it his duty to bow at once to the decision of 
 the chair, and to make an apology by explaining that he 
 did not intend to infringe any rule of debate, or by imme- 
 diately withdrawing the offensive and unparliamentary 
 language he may have used.* In case, however, a member 
 persists in his unparliamentary conduct, the speaker will 
 be compelled to name him, and submit his conduct to the 
 judgment of the House, in accordance with a very old 
 rule: 
 
 " That no mertiber do presume to make any noise or distm-b- 
 ance ■whilst any member shall be orderly debating, or whilst any 
 bill, order, or other matter shall be in reading or opening ; and 
 in case of any such noise or disturbance that Mr. Speaker do call 
 upon the member by name, making such disturbance ; and that 
 every such person shall incur the displeasure and censure of the 
 House." ^ 
 
 In such a case the member whose conduct is in question 
 should explain and withdraw, and it will be for the House 
 to consider what course to pursue in reference to him. If 
 the House consider the explanation sufficient, it will be 
 proper for a member to make a motion to that effect, 
 which will be adopted and duly recorded.* Or when a 
 member has withdrawn after having been named, some 
 
 1 15 E. Hans. (1) 154 ; 16 lb. (1) 739. 
 nj6. (1)800,801. 
 3 Mirror of P., 1840, vol. 16, p. 1634. 
 * 230 Eng. Hans. (3) 863 ; 231 lb. 437; 107 E. Com. J. 277. 
 ^ Res. of Jan. 22d, 1693. Rules and Orders (Palgrave) no. 194. 
 » Can. Leg. Ass. J. (1852-3), 126; lb. (1861), 270. 
 28 
 
434 RULES OF DEBATE. 
 
 one may move that he be called in and reprimanded by- 
 Mr. Speaker in his place. Even then the offender may 
 take this opportunity of apologizing to the House, through 
 another member, for having transgressed the rules of the 
 House ; and in such a case the House may consent to the 
 w^ithdrav^ral of the motion for censure, and allow the 
 member to return to his place in the House without a 
 reprimand.^ But when the House has agreed that a mem- 
 ber should be reprimanded, he will be ordered to attend 
 in his place at a particular time ; and when he is there, in 
 obedience to the order, the speaker will request him to 
 stand up, and immediately proceed to reprimand him ; 
 and when he has finished, the reprimand will, on motion, 
 be placed on the journals.^ The House, in all cases, should 
 give every proper opportunity to an offending member to 
 make such a defence as may satisfy the House and avoid 
 a reprimand. In the case of Mr. PlimsoU, in the session 
 of 18'75, it was shown that he had made use of most offen- 
 sive expressions " while extremely ill, and labouring 
 under excessive mental excitement — the result of an oA^er- 
 strain acting upon a very sensitive temperament." Under 
 these circumstances it was considered most advisable that 
 Mr. Plimsoll should not be required to attend in his place 
 till some days later. It was accordingly agreed to adjourn 
 the debate until a future day, when Mr. Plimsoll appeared 
 and apologized to ihe House ; and then the order of the 
 day for the adjourned debate having been read, Mr. 
 Disraeli moved that it be discharged, which was agreed 
 to unanimously.^ 
 
 XIX. Words taken down.— When a member makes use of 
 any disorderly and unparliamentary language, it is the 
 right of another member to move that it be taken down.* 
 
 ' 30 Pari. Hist. 114. 
 
 » 3 Mirror of P. (1838), 2231, 2233, 2263, 2267. 
 
 = 225 E. Hans. (3), 1824 ; 226 Ih. 178. 
 
 * See Sen. E. 27. 
 
WORDS TAKEN DOWN. 435 
 
 Still the speaker will not immediately order the words to 
 be taken down, but will be guided by the sense of the 
 House on the subject.^ Hatsell says on this point : 
 
 " The speaker may direct the clerk to take the words down ; 
 but if he sees the objection to be a trivial one, and thinks there 
 is no foundation for their being deemed disorderly, he will pru- 
 dently delay giving any such direction, in order not unnecessarily 
 to interrupt the proceedings of the House. If, however, the call 
 to take down the words should be pretty general, the clerk will 
 be certainly ordered by the speaker to take them down in the 
 form and manner of expression as they are stated by the member 
 who makes the objection to them." '' 
 
 The motion to take down the words should include the 
 exact words (as far as possible) that may be objected to.^ 
 "When the motion has been made, it is allowable to dis- 
 cuss it before the speaker puts the question thereon to the 
 House — the object being to give every opportunity to the 
 offending member to withdraw the offensive expression, 
 and apologize to the House.^ "When he apologizes, the 
 motion will be almost invariably withdrawn with the 
 general consent of the House.*^ If the speaker rules that 
 the expression complained of is not unparliamentary, a 
 member will not be permitted to move that the words be 
 taken down.^ It is also the rule : 
 
 " That if any other person speaks between, or any other mat- 
 ter intervenes, before notice is taken of the words which give 
 offence, the woids are not to be written down or the party cen- 
 sured." ' 
 
 1 272 E. Hans. (3), 1563, 1565. 
 
 ^ 2 Hatsell, 273, n. 
 
 '' 3 Mirror of P. (1838), 2233 ; 186 E. Hans. (3), 882. 
 
 * 186 E. Hans. (4), 882-887. 
 
 5 219 lb. 589. 
 
 " 115 lb. 276. 
 
 ' 2 Hatsell, 268, n. ; 93 E. Com. J. 307, 312, 313. Consequently " any 
 exception taken to words spoken in debate must be taken on the spot at 
 once, and no words spoken can be noticed afterwards in the House, if such 
 exception has not been taken to them ; and if the words themselves have 
 
436 RULES OF DEBATE. 
 
 Consequently the objection must be taken immediately 
 that the words are spoken/ It will also be too late to 
 interrupt the member and ask that his words be taken 
 down if he is allowed to continue his speech for some 
 time after he has given utterance to the objectionable 
 language.^ 
 
 When the speaker finds that the majority are in favour 
 of taking down the words, he will order them to be taken 
 down in the form and manner of expression as they are 
 stated by the member who has first moved in the matter. 
 They are then entered on the clerk's minutes, and the 
 member who spoke the words has the right to read them 
 or have them read to him by the speaker ; ^ and he may 
 then deny that those were the words he spoke ; * and if 
 he does so the House may proceed to consider his explana- 
 tion and decide by a question whether he had or had not 
 used the words.* If he does not deny that he spoke those 
 words,^ or when the House has itself determined what 
 the words were, then the member may either justify them 
 or explain the sense in which he had used them with the 
 view of removing the objection taken to them/ If his 
 explanation or apology be deemed sufficient by the House 
 no further proceeding is necessary.* Or the House may 
 feel compelled to resolve that the words are most dis- 
 
 not been taken down by the clerk at the table ;" 168 E. Hans. (3), 616-626. 
 In this case there was a prospect of an encounter between two members, 
 and the House could only proceed to prevent such a meeting ; the words 
 originating the difficulty could not be discussed. 
 
 1 9 E. Hans. (1 ), 326. 
 
 2 May, 378. See also 48 E. Hans. (3), 321, which shows that in the 
 Lords, also, the words must be taken down instanter. 
 
 3 2 Hatsell, 273, n. ; 235 E. Hans. (3), 1809-1833 ; 272 lb. 1571. 
 * 32 E. Com. J. 708. 
 
 5 2 Hatsell, 273, n. ; 18 E. Com. J. 653. 
 « 126 E. Hans. (3), 1194. 
 
 ' 2 Hatsell, 273, n.; 32 E. Com. J. 708 ; 66 lb. 391 ; 126 E. Hans. (3), 
 1207. 
 » 66 E. Com. J. 391 ; 137 lb. 395. Sen. Deb. (1880), 300. 
 
MISBEHAVIOUR IN COMMITTEES OR LOBBIES. 437 
 
 orderly, and proceed to censure him.^ Or the House may 
 resolve that the words are not disorderly by negativing 
 the motion to censure the member.^ Or the House may 
 go still further and order the offending member to be 
 committed to the custody of the serjeant-at-arms and im- 
 prisoned.^ "When the words have been taken down at 
 the table the member should explain and withdraw, and 
 then the House will proceed to consider what course to 
 take with reference to him/ Sometimes the House may 
 be disposed to allow every indulgence to a member who, 
 in the heat of debate, has allowed expressions to escape 
 him which are calculated to offend the House or some 
 member thereof. In such a case the House will not deal 
 immediately with the matter, but will order that it be 
 taken into consideration at a future time, and that the 
 member do attend in his place at the same time. When 
 the orders of the day, for the consideration of the words 
 objected to and for the attendance of the member, have 
 been read, the speaker will ask if he is in his place, and 
 will proceed to explain the state of the matter, and give 
 him a further opportunity for an apology.^ 
 
 The words of the speaker may also be taken down and 
 recorded by the clerk, who may read them to the House, 
 which can then proceed to deal with the matter as in the 
 case of any member on the floor.^ 
 
 XX. Misbehaviour in Committees or Lobbies.— When a member 
 misbehaves himself in a committee of the whole, his con- 
 duct must be reported to the House, which alone can cen- 
 sure and punish any act of disorder.' If objection be 
 taken to any words that a member may use in com- 
 
 1 18 E. Com. J. 653. 
 
 ^ 32 Ih. 708. ' 13 Ih. 653. 
 
 * 126 E. Hans. (3), 1208 ; 235 Ih. 1809-26. 
 
 5 126 Ih. (3), 1207, 1218, 1234. 
 
 6 32 E. Com. J. 707-8. Cav. Deb. i. 463. 
 
 ' Com. R. 76 ; 233 E. Hans. (3), 951-956. 
 
438 RULES OF DEBATE. 
 
 mittee, the chairman will put the question whether they 
 should be taken down, and if the sense of the committee 
 is in favour of doing so, he will proceed to report them to 
 the House, which will follow the procedure usual in all 
 cases when a member has committed an offence/ But 
 when words haA^e been taken down in committee, it is 
 always open to the offending member to withdraw the 
 objectionable expressions, and to apologize to the House 
 for having used them. In case his apology is accepted, 
 the fact of his having made it will be duly entered on the 
 journals.^ 
 
 If a member insult another in any of the lobbies or 
 rooms belonging to the place, the attention of the speaker 
 may be directed to the fact when he is in the chair. It is 
 then for the House to consider what course it ought to 
 take with reference to the conduct of the offending mem- 
 ber.^ 
 
 XXI. Proceedings to prevent hostile Meetings.— From the fore- 
 going and other illustrations of the procedure in the case 
 of the use of unparliamentary language, it will be seen 
 that it is the duty of the speaker to call upon the offend- 
 ing member to make an apology or retract the words 
 which are objected to.* Unless this were done, unpleasant 
 consequences might at times result. If a member should 
 send a hostile message to another on account of words 
 used in parliament, it will be the duty of any member, on 
 being informed of the fact, to call the attention of the 
 House to the matter, " as a breach of one of its most im- 
 portant privileges, that there shall be perfect freedom of 
 
 ' 108 E. Com. J. 461, 466 ; 126 E. Hans. (3), 1193-1'207 ; 235 lb. 1809, 
 1833. 
 
 2 137 E. Com. J. 253. 
 
 ^ Case of Dr. Kenealy who insulted Mr. Sullivan, 233 E. Hans. (3) 951- 
 956. See also for previous precedent", 122 E. Com. J. 221 ; 122 E. Hans. 
 (3), 274. 
 
 * 183 lb. (3), 801-2. 
 
PUNISHMENT OF MISCONDUCT. 439 
 
 speech in its debates." The speaker, on being informed 
 of so distinct a breach of its privileges, will at once call 
 on the offending member, if he be present, " to express his 
 regret for the breach of privilege he has committed, and 
 to give an assurance to the House that the matter will 
 proceed no further." The member should then immedi- 
 ately proceed " to acquit himself of any disrespect to the 
 House or its privileges and give the required assurance."^ 
 If the members are not present, they will be sent for im- 
 mediately, and the necessary assurances asked from each,^ 
 If the member who has committed a breach of order 
 either in the House, or in a committee of the whole, or 
 in a select committee, refuse to apologize or retract the 
 expression complained of, and there is a prospect of a 
 quarrel arising between him and another member on ac- 
 count of such words, it will be the duty of some member 
 to move immediately in the House that he be taken into 
 the custody of the serjeant-at-arms. If the member should 
 subsequently apologize and explain that the matter will 
 not proceed further, the motion for his arrest will be with- 
 drawn.^ 
 
 XXII. Punishment of Misconduct— Either House of parlia- 
 ment has full authority to punish those members who are 
 guilty of contempt towards it, by disorderly or contuma- 
 cious behaviour, by obstruction of the public business,* or 
 
 1 Case of Sir K. Peel and the O'Donoghue, 1862 ; 165 E. Hans. (3), 616-626. 
 
 ^Case of Mr. Praed and Mr. E. Lytton Balwer, 1838; 93 E. Com. J. 
 657 ; 6 Mirror of P. 1838, pp. 5132, 5137, 5138, 5147. Case of Mr, O'Kelly, 
 138 E. Com. J. 238. A similar case occurred in the legislative assembly 
 of Canada, sess. of 1849, when angry words passed between two prominent 
 members during the exciting debates on the rebellion losses bill; Can. 
 Leg. Ass. J. (1849), 88. For other cases, see 89 E. Com. J. 11 ; 91 lb. 
 484-5 ; 92 lb. 270 ; 100 lb. 589. 
 
 3 8 E. Hans. (2), 1091-1102; Can. Leg. Ass. J. (1849), 88 ; 106 F. Com. 
 J. 313 (committee of whole). For procedure in case of altercations in a 
 select committee, see 91 E. Com. J. 464, 468 and 34 E. Hans. (3), 410, 486. 
 
 * Mr. Speaker Brand, 132 E. Com. J. 375 . 
 
440 MULES OF DEBATE. 
 
 by any wilful disobedience of its orders. Any member, 
 so offending, is liable to punishment, whether by censure, 
 by suspension from the service of the House, or by com- 
 mitment, as the House may adjudge. Suspension is now 
 the mode of punishment freely used in the English House 
 of Commons ' under the new orders which will be found 
 at the end of this chapter. If a member refuse to with- 
 draw when suspended, the speaker will order him to be 
 removed by the serjeant. 
 
 Itisusual when a charge of misconduct is made against 
 a member to hear any explanation which he may have to 
 offer ; but " if the House should be of opinion that the 
 offence which the hon. member has committed is flagrant 
 and culpable, and admits of no apology, it will be competent 
 first, without directing him to attend in his place, to order 
 him to be committed to the custody of the serjeant-at- 
 arms." This was done in the English Commons, in the 
 case of Mr. Feargus O'Connor in 1852.^ Subsequently a 
 petition, stating that he was of unsound mind, was re- 
 ceived and referred to a select committee, which reported 
 that the allegations therein were correct, and it was ac- 
 cordingly ordered that he be discharged from custody.^ 
 
 XXIII. Withdrawal of Members.— From the foregoing illus- 
 trations of the practice of the House of Commons in cases 
 of disorderly language or behaviour, it will be seen that 
 whenever the conduct of a member is under consideration 
 it is his duty to withdraw from the House ; but he should 
 be first allowed an opportunity to explain and to know 
 the nature of the charge against him.^ For instance,when 
 a member is named b}'' Mr. Speaker for disorderly conduct 
 or language, he will explain and withdraw.'' In case he 
 
 ' 136 E. Com. J. 55, 56. 
 
 2 122 E. Hans. (3), 367-73; 107 E. Com. J. 278, 292, 301. 
 '<> 122 E. Hans. (3), 611, 816. 
 
 *2Hatsell, 170; Cusbing, p. 692; May, 392; 150 E. Hans. (3), 2102; 
 233 lb. 951. ^ Can. Leg. Ass. J. (1861), 270; 126 E. Hans. (3), 1207. 
 
WITHDRAWAL OF MEMBERS. 441 
 
 persists in remaining, he will be ordered to withdraw, as 
 soon as a motion in reference to his conduct has been pro- 
 posed.' When the charge is contained in the report of a 
 committee, or in certain papers which are read at the 
 table, the member accused knows to what points he is to 
 direct his explanation, and may, therefore, be heard to 
 those points before any question is moved or stated against 
 him ; and in such a case he is to be heard and to withdraw 
 before any question is moved.^ But where the question 
 itself is the charge, for any breach of the orders of the 
 House, or for any matter that has arisen in debate, then 
 the charge must be stated — that is, the question must be 
 moved. The member must then be heard, in his explana- 
 tion or exculpation ; and then he is to withdraw.^ The 
 principle is thus stated by Hatsell . " The member com- 
 plained of should have notice of the charge, but not of all 
 the arguments." For instance, if a motion be made for a 
 select committee to inquire into the conduct of a member, 
 he will be heard in his place and withdraw.* 
 
 The statement of a member made in his place in reply 
 to certain charges which appear on the journals, is also 
 frequently given in full on the record, especially in the 
 Canadian Commons.^ This, however, is only properly 
 done under more recent practice, when the charges are 
 contained in papers laid before the House, and ihe reply 
 is read from a written paper. In Mr. O'Connell's case, in 
 
 1 235 E. Hans. (3), 1826. 
 
 ' 2 Hatsell, 170, 171, n. ; Mirror of P. 1838, vol. 3, pp. 2159, 2164 ; 101 E. 
 Com. J. 582 ; 113 lb. 68 ; 116 lb- 377, 381. Case of Mr. Daoust, Can Com. 
 J., 16th March, 1876. He will also be required to withdraw should he 
 present himself in the House before they have finally determined the 
 matter affecting him; 85 E. Hans. (3), 1198. Queen's Co. (N. B.) 
 election case, June 1, 1887; in this case, when Mr. Baird's seat was 
 attacked, be made his explanations and then retired from the House 
 until the matter was disposed of; Hans. 671, 675. 
 
 5 235 E. Hans. (3), 1811-12. 
 
 * 91 E. Com. J. 314. 
 
 ^ 100 E. Com. J. 588; Can. Com. J. 16th March, 1876. 
 
442 RULES OF DEBATE. 
 
 1838, the speech complained of appears in full, and then 
 the journals simply record : " Mr. O'Connell having 
 avowed making use of these expressions withdrew.'" 
 In similar cases, when the charge is contained in a 
 motion, or when words have been taken down, or a com- 
 plaint has been made of a member's conduct, the journals 
 will simply record the fact that he " explained," or that 
 " he was heard in his place," or that " he made an explana- 
 tion, in the course of which he acknowledged or denied 
 the truth of the allegation." ^ 
 
 XXIV. Keferences to Judges and other Persons.— The rules of 
 the two Houses are only intended to protect their own 
 members, and cousequently any reflections on the conduct 
 of persons outside cannot be strictly considered as breaches 
 of order.^ But the speakers of the English Commons now 
 always interfere to prevent as far as they can all personal 
 attacks on the judges and courts of justice. They have 
 always felt themselves compelled to say that " such ex- 
 pressions should be withdrawn," and that " when it is 
 proposed to call in question the conduct of a judge, the 
 member desiring to do so should pursue the constitutional 
 course of moving an address to the Crown." ^ Members 
 have even been interrupted in committee of the whole by 
 the chairman when they have cast an imputation upon a 
 judicial proceeding.^ As another illustration of the strict- 
 ness with which the speaker may restrain members with- 
 
 1 93 E. Com. J. 307. - 63 E. Com. J. 149 ; 132 Ih. 144, 375. 
 
 ^ 223 E. Hans. (3), 1577. In a case where a member proceeded to attack 
 the private character of a deceased nobleman (Lord Leitrim, assassinated 
 in Ireland in 1878) in a most scandalous manner, the speaker could not 
 interfere ; the only way the member could be stopped was by having the 
 galleries cleared ; 239 E. Hans. (3), 1262. 
 
 * 212 B. Hans. (3), 1809 ; 234 Ih 1463, 1558 ; 238 Ih. 1953 ; Can. Hans. 
 (1887), 373. 
 
 ° 240 E. Hans. 990-992. The House has also refused to receive petitions 
 reflecting on courts of law, supra, 321. Neither is it regular to discuss 
 proceedings that are subjudice, 216 E. Hans. (3), 960-1 ; svpra, 136 n. 
 
NJEW STANDING ORDERS OP ENGLISH COMMONS. 443 
 
 in the limits of decorum, we. may refer to the fact that 
 ■when a member has applied the word "tyrant" to the 
 Emperor of Eussia, the speaker has at once interrupted 
 him and pointed out that the language was not respect- 
 ful io a sovereign who is an ally and friendly to Eng- 
 land.' The speaker has also stopped a member who was 
 using unparliamentary language towards an officer of the 
 House engaged at the time in the discharge of his duty. 
 
 XXV. New Standing Orders of English Commons.— Several refer- 
 ences have been made in previous parts of this chapter to 
 the standing orders which have been adopted of late years 
 by the House of Commons in England, with a view of 
 preventing systematic obstruction to public business, and 
 bringing the debates on a question within a reasonable 
 compass. When it became evident that there was a 
 settled policy of obstruction in the House, and that the 
 old rules were ineffective, the speaker felt constrained to 
 depart from the line of conduct hitherto observed by the 
 chair, and to interpose on one occasion when a sitting 
 had been continued for a period of forty-one hours, and 
 the House had been frequently occupied with heated 
 discussions upon repeated dilatory motions for adjourn- 
 ment, supported only by small minorities in opposition 
 to the general sense of the House. He felt compelled to 
 say, after some preliminary observations : 
 
 " The dignity, the credit, and the authority of this House are 
 seriously threatened, and it is necessary that they should be vin- 
 dicated. Under the operation of the accustomed rules and 
 methods of procedure, the legislative powers of the House are 
 
 1 237 E. Hans. (3), 1639. Also 238 lb. 799. A member in the Canadian 
 Commons, on one occasion, was called to order for reflecting on the pro- 
 ceedings of the Quebec legislature ; Can. Hans. (1878), 47. See also re- 
 marks of speaker as to the course a member should pursue when he has 
 charges to make against the representative of a foreign power; 252 E. 
 Hans. (3), 1902-7. 
 
 ■' 248 E. Hans. (3), 53. 
 
444 RULES OF DEBATE. 
 
 paralyzed. A new and exceptional course is imperatively de- 
 manded, and I am satisfied that I shall best carry out the will of 
 the House, and may rely upon its support, if I decline to call upon 
 any more members to speak, and proceed at once to put the 
 question from the chair. I feel assured that the House will be 
 prepared to exercise all its powers in giving eifect to these pro- 
 ceedings. Future measures for ensuring orderly debate I must 
 leave to the judgment of the House ; but I may add that it will 
 be necessary either for the House itself to assume more effectual 
 control over its debates, or to entrust greater authority to the 
 chair." ' 
 
 The best method of meeting what was clearly a crisis 
 in the proceedings of the House was the subject of earnest 
 deliberation for months on the part of the speaker, minis- 
 ters and prominent members on both sides. The House 
 agreed, for the time being, to various orders and resolu- 
 tions of a tentative character. The speaker's authority- 
 was strengthened, and a debate could be immediately 
 brought to a close under the new rules he submitted for 
 the regulation of public business in cases of urgency.^ 
 The result of all these proceedings has been the adoption 
 of standing orders which impose the restraint of the 
 closure on too protracted debates, limit discussion on 
 motions for the adjournment of the House or of a debate, 
 allow the speaker or the chairman of committees to in- 
 terrupt a member who persists in irrelevance or tedious 
 repetition, and provide more speedy methods of punish- 
 ing those members who may wilfully and persistently 
 obstruct the public business. These new orders, which 
 are given in full in the appendices ^ to this work for the 
 information of the students of parliamentary history, 
 show the radical changes that the English Commons 
 have been compelled, through urgent necessity, and, in 
 
 1 Mr. Speaker Brand, on the 2d I'eb., 1881. See 136 E. Com. J. 50 ; 257 
 E. Hans. (3), 2032-3. 
 2 136 E. Com. J. 57, 58, 78, 83, 123. 
 ' tree App. L. Rules and Orders (Palgrave), 1891. 
 
OBSTRUCTION OF PUBLIC BUSINESS. 445 
 
 fact, almost from an instinct of self-preservation, to adopt 
 of recent years with the object of preventing such ob- 
 struction as has seriously impeded the progress of public 
 business in that body. Happily there have been no 
 events in the recent history of Canadian legislatures to 
 show the absolute necessity of adopting the same extra- 
 ordinary measures for maintaining order and decorum, 
 and ensuring the despatch of necessary legislation. 
 
CHAPTER XIII. 
 
 DIVISIONS OK QUESTIONS. 
 
 I. Putting the question and division thereon.— II. Proceedings after a 
 division; challenging of votes; pairs.— III. Questions "carried on 
 division."— IV. Equality of votes on a division ; casting vote of speaker. 
 V. Protest of Senators.— VI. No member interested directly in a ques- 
 tion can vote thereon. — VII. Eeoording of names in the journals. 
 
 I. Putting the Question.— "When the debate on a question is 
 closed, and the House is ready to decide thereon, the 
 speaker proceeds to "put" the question. The proceedings 
 in taking the sense of the House on a question are similar 
 in the Senate and Commons. Members for and against a 
 question are distinguished in the Senate as " contents " 
 and "non-contents;" in the Commons as " yeas " and 
 " nays." 
 
 The House generally expresses its desire for a decision 
 on a question by demanding at the close of the debate 
 that the members be called in ; and in that case, the 
 speaker does not read the question until the serjeant-at- 
 arms has reported that the members have been called in. 
 In many cases, however, the question is put without 
 calling in the members. The speaker rises in his place 
 and asks — " Is the House ready for the question ? " If 
 it is evident that no member claims the right of speaking, 
 the speaker proceeds to put the question by reading the 
 main motion, and then the amendment or amendments in 
 their order as the case may be.^ Having read the ques- 
 
 ' See supra, 338. 
 
RULES RESPECTING A DIVISION. 447 
 
 tion on which the decision of the House is to be first 
 given, he takes the sense of members by saying — " Those 
 who are in favour of the question (or amendment) will 
 say content (or yea) ; those who are of the contrary 
 opinion will say non content (or nay)." "When the sup- 
 porters and opponents of the question have given their 
 voices for and against the same, the speaker will say — " I 
 think the contents (or yeas) have it ; " or " I think the 
 non-contents (or nays) have it ;" or " I cannot decide." If 
 the House does not acquiesce in his decision, the yeas and 
 nays (or contents and non-contents) may be called for. 
 But a division cannot be taken except in accordance with 
 the following rule of the Senate : 
 
 31. "If two senators require it the contents and non-contents 
 are entered upon the minutes,^ provided the Senate shall not have 
 taken up other business ; and each senator shall vote on the ques- 
 tion oj^enly and without debate, unless for special reasons he be 
 excused by the Senate." 
 
 In the Commons the yeas and nays can be taken only in 
 conformity with the following rule : 
 
 83. " Upon a division, the yeas and nays shall not be entered 
 on the minutes, unless demanded by five members." ^ 
 
 In the case of important questions, the members are 
 
 1 Sen. J. (1882), 199; IV. (1890). 194. 
 
 '' It has been often suggested that it is advisable to adopt the English 
 practice, by which a member who calls out with the noes and forces a 
 division should vote with the noes on the obvious principle that it is 
 for the minority alone to appeal from the speaker's decision to the ulti- 
 mate test of a division. May, 312; 183 E. Hans. (3), 1919. But such 
 a practice has never obtained in the Canadian House, and whilst atten- 
 tion has been frequently directed to its propriety, no speaker has ever 
 attempted to enforce it. Can. Hans. (1878), 2459. In consequence of the 
 absence of such a rule in Canada, one member may practically divide 
 the House, since those demanding a division are not bound to vote with 
 him. See Can, Com. J. (1880-1), 157. If two tellers cannot be found for one 
 of the parties, no division is allowed to take place in England. May, 406. 
 On the 29th Jan., 1890, no votes were given in the negative ; Can. Com 
 J., 38. 
 
448 DIVISIONS ON QUESTIONS. 
 
 called in when it is proposed to close the debate, and 
 decide the matter nnder consideration. The moment the 
 speaker orders that the members be called in, no further 
 debate will be permitted. The Senate rule is as follows : 
 
 33. " No senatoi- may speak to a question after the order has 
 been given to call in the members to vote thereon, unless with 
 the unanimous consent of the House." 
 
 Rule 82 of the Commons is equally emphatic : 
 
 " When members have been called in, preparatory to a divi- 
 sion, no further debate is to be permitted." 
 
 The speaker gives the order — " Call in the members," 
 and the serjeant-at-arms immediately sees that all the 
 bells are rung, and that other steps are taken to bring in 
 all the members from the lobbies and adjacent rooms.' 
 Several minutes elapse — no stated time is fixed as in the 
 English Commons, where a sand-glass for two minutes is 
 provided ^ — and then the serjeant-at-arms returns and 
 announces the performance of his duty by an obeisance to 
 the speaker. The latter will then rise and put the ques- 
 tion as previously explained. If any member declares he 
 has not distinctly heard it, he has the right of asking the 
 speaker to read it once more, even after the voices have 
 been given.' 
 
 In the Senate the speaker says — " The contents will 
 now rise." Then the clerk or clerk-assistant, standing at 
 the table, proceeds to call the names — -first looking at Mr. 
 
 ' The whips of the respective political parties in the House are always, 
 on such occasions, occupied in bringing in the members. 
 
 ^ A very loose system prevails in the Canadian Commons ; fifteen or 
 twenty minutes — even more sometimes— pass before members take their 
 places in answer to the call. In the English House, when the voices 
 have been taken, the clerk turns a two-minute sand-glass, and thfe doors 
 are to he closed as soon after the lapse of two minutes as the speaker or 
 chairman shall direct. Two minutes enable members to reach their 
 places. May, 399 ; S. 0. 19th July, 1854. 
 
 » 80 E. Com. J. 307 ; 114 76. 112. 
 
TAKING A DIVISION. 449 
 
 Speaker, who remains seated, and indicates by an indica- 
 tion of the head his desire to vote, or his intention not to 
 vote by the absence of any movement on his part. In all 
 cases the speaker's vote should be first recorded on the 
 side on which he wishes to vote. After the contents have 
 been taken down the speaker again says — " The non- 
 contents will now rise." ^ The names having been taken 
 down, and the numbers declared, the speaker states the 
 result of the question in the usual parliamentary terms. 
 
 In the House of Commons the speaker says — " Those 
 who are in favour of the motion (or amendment) will 
 please to rise." The clerk has before him a list of all the 
 names printed alphabetically, and places a mark against 
 each name as it is called. The assistant clerk calls out 
 the name of each member as he stands up. It is customary 
 for members to be taken in rows ; when one row is com- 
 pleted, the members in the next rise and sit down accord- 
 ing as they hear their names called distinctly by the 
 clerk.^ When the members in favour of the motion have 
 all voted, the speaker says again--' Those who are 
 opposed to the motion(or amendment)will please to rise :" 
 and then the names will be taken down in the manner 
 just described. Any member who does not rise cannot 
 have his name recorded by the clerk at the time, as the 
 speaker has instructed members to rise in their places. 
 
 Each member is designated Hon. Mr. in the Senate, 
 
 and simply Mr. , in the Commons, except in the 
 
 case of a title conferred by the queen, when the clerk will 
 
 ' Senate E. 30. " In voting the contents first rise in their places, and 
 then the non-contents." See Sen. J. (187S), 67. 
 
 ^ The system of talking votes in the Canadian House has its incon- 
 veniences. It is not worliable as a rule for two or three weeks at the 
 commencement of a new parliament, since it is impossible for a clerk to 
 know all the new members by name. Or, if the clerk who takes the 
 division should be ill, a difiiculty must always arise. The systfem seems 
 peculiar to the Canadian Commons. The more convenient practice — in 
 vogue in legislative bodies in the United States, Europe,and the colonies — 
 is to call the roll, when each member will respond ''aye'' or "no." 
 29 
 
450 DIVISIONS ON QUESTIONS. 
 
 designate him as Sir , but it is usual for the clerk 
 
 in the Commons, as a matter of courtesy, to give prece- 
 dence in a division to the name of the leader of the gov- 
 ernment should he rise with the rest.^ A similar courtesy- 
 is paid to the recognized leader of the opposition in cases 
 of party divisions. 
 
 When all the names have been duly taken down, the 
 clerk will count up the votes on each side, and declare 
 them — yeas, — ; nays, — The speaker will then say — 
 " The motion is resolved in the affirmative ; " or " passed 
 in the negative," as the case may be.^ If the motion on 
 which the House has decided is a motion in amendment, 
 then the speaker proceeds to put the next question, on 
 which a division may also take place.^ 
 
 n. Proceedings after a Division.— When the clerk has de- 
 clared the numbers, any member has a right to ask that 
 the names be read in alphabetical order, in order to give 
 an opportunity of detecting any errors or irregularities.'' 
 The vote of a member may be challenged in the English 
 Commons before the numbers are declared, or after the 
 division is over ; but this is generally done in the Cana- 
 dian House when the clerk has given the result.* If a 
 member was not present in the House when the question 
 was put by the speaker, he cannot have his vote recorded. 
 
 ^ Strangers are now permitted to remain in the galleries, and also on 
 the seats to the right and left of the speaker's chair, whilst a division is 
 in progress ; unless.of course,the House orders the withdrawal of strangers 
 in accordance with rule 11 of the Senate and rule 6 of the Commons. 
 
 ^ Sen. J. (1878) 197-8 ; Com. J. (1878) 10, 79. 
 
 ' Can. Com. J. (1877) 173-5 ; 26. (1878) 278-9. Sen. J. (1878) 197. 
 Memhers should not leave their seats before the question is finally 
 declared. In 1880-1 a member's vote was hastily struck off on account of 
 his leaving his place before the question was so declared (Can. Hans. 
 724) : taut Mr. Speaker Blanohet misinterpreted a rule (17) which had no 
 application whatever to such cases,and his decision was properly reversed 
 in 1889 ; Can. Hans., 249. 
 
 " May 6, 1878. Author's Notes. 
 
 ' 110 E. Com. J., 352 : 139 E. Hans. (3), 488. 
 
PAIRS— MEMBERS NOT VOTING. 451 
 
 Eule 33 of the Senate distinctly provides that " he must 
 be within the bar when the question is put." The speaker 
 will inquire, if the hon. member was present in the 
 House and heard the question put.' If he replies in. 
 the negative, his name will be struck off the list, and 
 the clerk will again declare the numbers.^ If a member 
 of the Commons who has heard the question put does 
 not vote, and the attentioa of the speaker is directed 
 to the fact, the latter will call upon him to declare on 
 which side he votes ; and his name will be recorded ac- 
 cordingly.^ By rule 32 of the Senate it is ordered that a 
 senator declining to vote, shall assign reasons therefor, 
 and the speaker shall submit to the Senate the question, 
 " shall the senator, for the reasons assigned by him, be 
 excused from voting?" Though "pairs," which are 
 arranged by the whips of the respective parties in the 
 House, are not any more authoritatively recognized in the 
 Senate or Commons then in the Houses of the English 
 Parliament, yet it is customary not to press the vote of a 
 member when he states that he has " paired " with 
 another member.'' If a member who has heard the ques- 
 
 1 2 Hatsell, 187. 
 
 ^139E. Hans. 486; 111 E. Com. J. 47. Can. Hans. (1890) 460 (Mr. 
 Welsh) ; the name appeared incorrectly in the Hansard division list. See 
 Jour. 79. 
 
 " 114 E. Com. J. 102; 129 lb. 234. Mr. Mclnnes, 16tli April. 1878, 
 Canadian Commons. Can. Hans. (1879) 1979 (Sir J. A, Macdonald's 
 remarks as to compelling members to vote). In the English Common?, 
 3rd February, 1881, Mr. Speaker informed the House that several mem- 
 bers who had given their voices with the noes when the question was 
 put, had refused to quit their places, and consequently he had submitted 
 their conduct to the consideration of the House. A number of members 
 were then suspended for refusing to withdraw during the division after 
 having been warned of the consequences by the speaker. 136 E. Com. J. 
 55-56. 
 
 * May, 418. Can. Hans. (1876) 685 ; lb. (1879) 1979. lb. (1891) June 
 1 and 5. Sen. Deb. (1876) 281 ; lb. (1877) 230, 240 ; lb. (1880-81) 579, 590. 
 " An hon. member who has bound himself not to vote is bound in honour 
 to respect that pledge;" (Mr. Speaker Christie.) See also Sen. Deb. 
 
452 DIVISIONS ON QUESTIONS. 
 
 tion put in the Commons should vote inadvertently, con- 
 trary to his intention, he cannot be allowed to correct the 
 mistake, but his vote must remain as first recorded.' On 
 the other hand, in the Senate, rule 33 proAddes that " with 
 the unanimous consent of the House, a senator may, for 
 special reasons assigned by him, withdraw or change his 
 vote, immediately after the announcement of the divi- 
 sion." If a member's name is entered incorrectly or is 
 inadvertently left oif the list, he can have it rectified 
 should the clerk read out the names, or on the following 
 day when he notices the error in the printed votes.- , It 
 may be added here that when the House, by division, 
 has decided a matter, a discussion thereon cannot be 
 renewed nor reference made to circumstances connected 
 with the division.^ 
 
 III. Questions carried on Division. — Members who are op- 
 posed to the unanimous adoption of a motion, and never- 
 theless do not wish to divide the House, may ask that it 
 be entered on the journals as " carried on a division," and 
 the speaker will order it accordingly. The entry on the 
 journal is simply : " The question being put, the House 
 
 (1883) 458. lb. (Ife89) 715. But pairs are recognised by the rules of the 
 house of representatives at Washington. Smith's Digest, p. 239 ; Rule 
 viii. (2). In the Canadian Commons theclerk at the table has been on 
 more than one occasion allowed to strike oif the name of a member who 
 is recorded and then admits having paired ; but there is no rule or order 
 authorising this questionable proceeding. The official Hansard, each 
 session, publishes a list of pairs on each question, obtained from the 
 whips of the two political parties. It is usual at the close of a divi- 
 sion to call upon a member, known to have paired, to explain how 
 he would have voted. Can. Com. Hans. (1890) 399. On one occasion 
 a member inadvertently voted, though he had paired in the opinion 
 of another member who had not voted, and on the following day he 
 wished to have his name struck off but it was not considered expe- 
 dient to make such a precedent and alter the journals ; lb. (1887), 360. 
 
 1 176 E. Hans. (3) 31 ; 164 lb. 210 ; 242 lb. 1814 ; May 409. 
 
 '' Can. Com. J. (1871), 174; V. & P. (1879) 356; J6. (1887), 113 ; Sen. Deb. 
 (1880) 455-6; lb. (1880-81) 591. 
 
 s 232 B. Hans. (3), 1636; Blackmore's Dec. (1882) 91. 
 
CASTING VOICE. 453 
 
 divided, and it was resolved in the affirmative ;" ^ or 
 "passed in the negative."^ Questions may also be en- 
 tered as "resolved in the affirmative," or "passed in the 
 negative," as "in the last preceding division."^ Fre- 
 quently, in the case of numerous motions on a qixestion, 
 all the divisions are ordered by general consent to be 
 recorded as in the first case.* 
 
 IV. Equality of Votes in a Division.— When the voices are 
 equal in the Senate the decision is deemed to be in the 
 negative.'^ In case of an equality of voices in the Com- 
 mons, the speaker (or chairman of committee of the vf hole) 
 is called upon to give his casting vote, in accordance with 
 section 49 of the B. K A. Act, 1867 : 
 
 " Questions arising iu the House of Commons shall be decided 
 by a majority of voices other than that of the speaker, and when 
 the voices are equal, but not otherwise, the speaker shall have a 
 vote." 
 
 And it is provided by the rule of the House : 
 9. "In case of an equality of votes, Mr. Speaker gives a casting 
 voice, and any reasons stated by him are entered in the journal." 
 
 Only two cases are recorded in the Canadian journals 
 from 1867 to 1890 of the speaker having been called upon 
 to vote. On the first occasion the question was on a 
 motion for deferring the second reading of an Interest 
 Bill for three months — on which there was great diver- 
 sity of opinion — and the speaker voted with the yeas, 
 but no reasons are entered in the journals.^ In 1889 the 
 
 1 Can. Com. J. (1877) 191, 192, 200, 226; lb. (1878) 50. 
 
 ^ Ih. (1877) 200, 231 ; Ih. (1878) 56 ; 129 E. Com. J. 144, 289. 
 
 ^ Can. Com. J. (1877) 193, 249. 
 
 * Can. Hans. (1882) 1479 (Representation bill). On July 3rd, 1885, the 
 majority of the divisions on the Franchise bill were so ordered, and 
 accordingly recorded. 
 
 ^ B. N. A. Act 1867, s. 36. Semper prsisumitur pro negante is the old form 
 of entry in the Lords' J.; 14 Lords' J. 167-168. 
 
 ^ Can. Com. J. (1870) 311. Reasons are not always given in the English 
 journals ; 98 E. Com. J. 163 ; 102 lb. 872. 
 
454 DIVISIONS ON QUESTIONS. 
 
 speaker Toted in favor of giving the House another oppor- 
 tunity of considering a bill to prevent cruelty to animals.^ 
 By consulting the various authorities on this point, it 
 will be found that the general principle which guides a 
 speaker or chairman of committee of the whole ^ on such 
 occasions is to vote, when practicable, in such a manner 
 as not to make the decision of the House final.' But it 
 may sometimes happen that the speaker's vote must be 
 influenced by circumstances connected with the progress 
 of a bill, especially when there appears to be much diver- 
 sity of opinion as to the merits of a measure. In such a 
 case the speaker may " refuse to take the responsibility of 
 the change upon himself, and may leave to the future and 
 deliberate judgment of the House to decide what change 
 in the law should be made." ^ It was evidently on this 
 ground that the speaker gave his casting vote against 
 further progress during the session of 18*70 with the 
 Interest Bill. 
 
 V- Protest of Senators.— "Whenever one or more senators 
 wish to record their opinions against the action of the 
 majority on any question, they may enter what is called 
 a " protest," which will be duly recorded in the journals,'^ 
 in conformity with the following rule , 
 
 34. " Any senator entei-ing his protest or dissent to any votes 
 of the Senate, with or without his leasons, must enter and sign 
 the same in the clerk's boolj, on the next sitting day, before 
 the rising of the Senate." 
 
 35. " Every protest is subject to the control of the Senate, and 
 
 1 Can. Com. J. (1889) 114. 
 
 2 131 E. Com. J. 398 ; May, 410. 
 
 ' 83 E. Com. J. 292 ; 92 2b. 496 ; Can. Com. J. (1889) 114. 
 
 * Church Rates Abolition bill (3rd reading) 163 E. Hans. (3) 1822. 
 Some cases are recorded in the journals of the legislative assembly of 
 Canada of reasons being given by the speaker under such circumstances ; 
 1863, August sess., p. 33. 
 
 5 Sen. J. (1875) 149 ; lb. (1877) 261 ; lb. (1882) 188-9. 
 
 « Lords' S. 0. 32 ; May, 418. 
 
PEBSONAL INTEREST IN A QUESTION. 455 
 
 may be neither altered nor withdrawn without the consent of the 
 Senate ; nor can a senator, absent when the question is put, be 
 admitted to protest."^ 
 
 A senator who signs a protest may assent to it as a 
 whole or in part ; and in the latter case he will state his 
 particular reasons in a foot-note.^ Any protests, or reasons, 
 or parts thereof, if considered by the House to be unbe- 
 coming or otherwise irregular, may be ordered to be 
 expunged.^ Protests or reasons expunged by order of the 
 House have also been followed by a second protest against 
 the expunging of the first protest or reasons, by which 
 the object of the House has been defeated.* 
 
 VI. Members' Interest in a Question.— The House of Commons 
 of England in 1858 resolved : 
 
 " That it is contrary to the usage and derogatory to the dignity 
 of this House that any of its members should bring forward, pro- 
 mote or advocate in this House any proceeding or measure in 
 which he may have acted or been concerned, for or in considera- 
 tion of any pecuniary fee or reward." ° 
 
 The Canadian Commons have among their rules the 
 following old order of the English Parliament : "^ 
 
 " No member is entitled to vote upon any question in which 
 he has a direct pecuniary interest, and the vote of any member 
 so interested will be disallowed." 
 
 The interest must be of a direct character, as it was 
 well explained, on one occasion, in a decision of Mr. 
 Speaker "Wallbridge, in the legislative assembly of Canada. 
 
 ^ The same practice obtains in the Lords; 87 E. Hans. (3) 1137; 55 
 Lords' J. 492. Sen. Deb. a879) 432-3. 
 
 ^ Sen. J. (1877) 261 ; lb. (1879) 188 ; lb. (1882) 189. 
 
 3 40 Lords' J. 49 ; 43 lb. 82 ; May, 419. 
 
 " 43 Lords' J. 82. 
 
 '" Res. of 22nd of June, 1858 ; May, 103. See Mr. Speaker Kirkpatrick's 
 decision that a bill cannot be promoted in the House by any member 
 who has advised thereon in his professional capacity ; Can. Hans. (1884), 
 857. 
 
 « Mr. Sp. Abbot, 20 E. Hans. (1) 1011 ; Can. Com. R. 16. 
 
456 DIVISIONS ON QUESTIONS. 
 
 A division having taken place upon a bill respecting per- 
 manent building societies in Upper Canada (which had 
 been introduced by Mr. Street), Mr. Scatcherd raised the 
 point of order that, under the rule of the House, the for- 
 mer had a direct pecuniary interest in the bill, and could 
 not consequently vote for the same. The speaker said — 
 " That the interest which disqualifies must be a direct 
 pecuniary interest, separately belonging to the person 
 whose vote is questioned, and not in common with the 
 rest of her Majesty's subjects, and that, in his opinion, as 
 the bill relates to building societies in general, the mem- 
 ber for Welland is not precluded from voting." ' This 
 decision is strictly in accordance with the principle laid 
 down in all the English authorities,^ and is, in fact, a 
 repetition of one given by Mr. Speaker Abbot on a motion 
 for disallowing the votes of the bank directors upon the 
 Grold Coin Bill, which was negatived without a division.' 
 Consequently the votes of members on questions of pub- 
 lic policy are allowed to pass unchallenged.* Public 
 bills are frequently passed relative to railways,' building 
 societies, instirance companies," and salaries to ministers,^ 
 in which members have an indirect interest ; but their 
 
 1 Can. Speakers' D., No. 135 ; Leg. Ass. J. (1S65) 228. 
 
 2 2Hatsell, 169, n. 
 
 ' May, 420 ;. 20 E. Hans. (I) 1011. 
 
 * 2 Hatsell, 169, ■„. 76 E. Hans. (3), 16. 
 
 6 99E. Com. J. 491, 
 
 « 79 E. Com. J. 455. 
 
 ' Leg. Ass. J. (1854-5)1147. The votes of ministers on a bill to amend an 
 act respecting the civil list and salaries was questioned on this occasion. 
 It was replied that they looked upon the bill as a general measure, appro- 
 priating a salary for the office, and not for the individual, &c. ; and on a 
 division the House decided that they had a right to vote. Gushing (p. 713) 
 says: "The case of members voting on questions concerning their own 
 pay is an exception frorn which no principle can properly be derived. It 
 has invariably been decided in Congress, of course, that this was not such 
 an interest as would disqualify ; either because it was a state of necessity, 
 or because all the members were equally concerned in interest." 
 
PERSONAL INTEREST IN A QUESTION. 457 
 
 votes when questioned have been always allowed.' 
 "When a doubt exists as to the right of a member to vote, 
 he should be heard in explanation and then withdraw 
 
 before the usual motion is made — " That the vote of 
 
 be disallowed."^ Votes have been allowed when mem- 
 bers have stated that they have parted with their sub- 
 scriptions in a government loan, or that they had deter- 
 mined not to derive any adA-antage personally from the 
 same ;' or that they had taken the necessary legal steps 
 to retire from a company about to receive government 
 aid ;* or that their interests are only in common with those 
 of her Majesty's subjects in Canada.^ Members have 
 been excused from voting on a question on the ground 
 that they had been employed as counsel on behalf of the 
 person whose conduct was arraigned before parliament.* 
 A member has also been excused from voting on a ques- 
 tion because he was personally interested in the decision 
 of an election committee.^ 
 
 While members may properly vote on any question in 
 which they have no direct pecuniary interest, they will 
 
 ' Bill to grant aid to the Grand Trunk Railway; Leg. Ass. J. (1856) 
 662, 679, 680. 
 
 2 80 E. Com, J. 110; 91 lb. 271; 20 E. Hans, (1), 1001-12. Leg. Ass J, 
 (1857), 312. 
 
 ^ 52 E. Com. J. 632. 
 
 * Leg. Ass. J. (1857), 313-4. Cases of Mr. Gait and Mr. Helton, partners 
 in the firm of C. S. Gzowski & Co., contractors with the Grand Trunk 
 B. R. , ° lb. (1857), 311-4. 
 
 " Leg. Ass. J. (1858), 686. In this case, Sheriflf Mercer, whose conduct 
 was arraigned in the House, was declared to have acted upon the advice 
 and opinion of his counsel. Dr. O'Connor, a member at the time. On the 
 question being put as to the conduct of the sheriflf. Dr. O'Connor was 
 excused from voting. 
 
 ' Leg. Ass. J. (1859), 553. One of the membeis for Quebec on this 
 ■occasion asked to be excused and the House agreed to his request. But 
 the two other sitting members voted, and the speaker ruled that they had 
 a right to do so. On the 11th of Feb., 1890, Mr. Corby did not vote, 
 because, as owner of a distillery, he had an interest in the question of a 
 rebate of duty on corn ; Hans. 459. 
 
458 DIVISIONS ON QUESTIONS. 
 
 not be allowed to Tote for any bill of a private nature, if 
 it be shown that they are immediately interested in its 
 passage.^ Decisions, however, have been given in the 
 English Commons that it is not sufficient to disqualify a 
 member from voting against a bill that he has a direct 
 pecuniary interest in a rival undertaking ; ^ or that a 
 member was a landowner on the line of a railway com- 
 pany, and that his property would be injured by its con- 
 struction.' Committees on opposed private bills are also 
 constituted in the English Commons so as to exclude 
 members locally or personally interested ; and in commit- 
 tees on unopposed bills such members are not entitled to 
 vote/ A member of a committee on an opposed private 
 bill will be discharged from any further attendance if it 
 be discovered after his appointment that he has a direct 
 pecuniary interest in the bill.^ A member interested in a 
 bill may take part in a debate thereon, or propose a motion 
 or an amendment in relation thereto.^ 
 
 Though the Senate has no rule like that of the Com- 
 mons in relation to this subject, senators observe the same 
 practice. When the bill is of a public nature, a member 
 of the Senate may properly vote if he wishes to do so.^ 
 The Lords have never formally adopted a resolution on 
 the subject, because it is presumed that "the personal 
 honour of a peer will prevent him from forwarding his 
 pecuniary interest in parliament ;" ^ but they are ex- 
 
 ' May, 421-2; 80 E. Com. J. 443; 91 lb. 271 ; 13 E. Hans. (N. S.), 796. 
 Sen. Deb. (1876), 258. 
 
 ■^ 80 E. Com. J. 110 ; 101 lb. 873. 
 
 8 100 lb. 436. See also 212 E. Hans. (3), 1134-7. 
 
 * May, 424 ; S. O. 108-110. 
 
 ^ 101 E. Com. J. 904 ; 115 lb. 218. « 155 E. Hans. (3) 459. 
 
 ' In 1875 Senator Ryan asked if he could vote on a public bill respect- 
 ing marine electric telegraphs, as he was a shareholder in a company 
 affected by that bill. The speaker said that there was no rule to prevent 
 him voting on a public bill in which he had only an indirect personal 
 or pecuniary interest, and he voted accordingly. Sen. J. (1875) 137-8; 
 Hans., 410 (remarks of Sir A. Campbell) ; lb. (1876) 258. " May, 420. 
 
RECORDING OF NAMES. 459 
 
 empted by standing order from serving on any committee 
 on a private bill in which they are interested.^ 
 
 If it should be decided that a member has no right to 
 sit or vote in the House, the votes he mjiy have given 
 during the period of his disqualification will be struck 
 off the journals.^ 
 
 VII. Recording of Names.— The names of members who 
 vote in a division always appear in the journals of both 
 Houses — this practice having been generally followed in 
 all the Canadian assemblies since 1792. The names were 
 not recorded,however,in the legislative council of Canada 
 until 1857, when it was made elective.' The wise practice 
 of enabling the people to know how their representatives 
 vote on public questions was adopted in 1836 in the Eng- 
 lish House of Commons. The Lords have published their 
 division lists regularly since 1857.^ 
 
 1 S. O. 98. 
 
 2 Case of Mr. Townsend, a bankrupt, 113 E. Com. J. 229 ; 150 E. Hans. 
 (3) 2099-2104. Of Dr. Orton, Can. Com. J. (1875) 176 ; supra, 188. 
 
 'Leg. Coun. J. (1857)31-57. 
 * May's Const. Hist., ii. 57. 
 
CHAPTER XIV. 
 
 RELATIONS BETWEEN THE TWO HOUSES- 
 
 I. Messages. — II. Conferences.— III. Eeasons of disagreement communi- 
 cated.— IV. Joint Committees. — V. Interchange of documents.— VI. 
 Relations between the Houses : — Questions of expenditure and taxation. 
 —Bills rejected by the Senate.—" Tacks " to Bills of Supply.— Initiation 
 of measures in the upper chamber. 
 
 I. Messages.— It was formerly the practice to communi- 
 cate all messages to the upper chamber through a mem- 
 ber of the Commons, whilst the legislative council trans- 
 mitted the same through a master in chancery.^ It was 
 soon, however, found more convenient to send all bills to 
 the upper house by a clerk at the table.^ Addresses con- 
 tinued to be carried to the legislative council and to the 
 Senate by one or more members of the House up to a very 
 recent period ; ^ but it has been the practice since 18Y0 to 
 transmit all messages through the clerks of the two 
 Houses.* The following rules ^ are common to both 
 chambers : 
 
 " One of the clerks of either House may be the bearer of mes- 
 sages from one House to the other." 
 
 1 Low. Can. J. (1792) 42, 174 ; Leg. Ass. (1841) 168, R. 24; 7b. (1852-3) 
 995; Leg. Coun. J. (1841) 48, 59. The clerk and clerks-assistant of the 
 Senate are appointed masters in chancery ; Sen. J. (1867-8) 61 ; lb. (1884), 
 3. Also, the law clerk; Ih. (1883), 15. In lSo5 the office of master in 
 ordinary was abolished in the Lords; May, 255 n., 489; 15 and 16 Vict- 
 c. 80. 
 
 ■' Leg. Ass. J. (1857), 411, 412 ; lb. (1860), 403, 430, &c. 
 
 ' Can. Com. J. (1S67-8), 109, 225. 
 
 * lb. (18711, 294, 301. » Sen. R. 100, 101 ; Com. 97. 
 
MESSAG£:S. 461 
 
 " Messages so sent may be received at the bar by one of the 
 clerks of the House to which they are sent, at any time whilst 
 the House is sitting, or in committee, without interrupting the 
 business then proceeding.'' 
 
 In addition to the foregoing rules the Commons have 
 the following : 
 
 95. " A master in chancery attending the Senate shall be 
 received as their messenger at the clerk's table, where he shall 
 deliver the message wherewith he is charged. 
 
 96. "Messages from this House to the Senate may be sent by a 
 member of this House, to be appointed by the Speaker.' 
 
 98. " Messages from the Senate shall be received by the House 
 as soon as announced by the serjeant-at-arms." 
 
 In this way all bills, resolutions, and addresses are sent 
 and received — whether the mace is on or under the table 
 — without disturbing the business of either House. The 
 clerk at the table is informed of the presence of the mes- 
 senger from the other House, and receives the message at 
 the bar. If any business is proceeding at the time, the 
 speaker will' not interrupt its progress, but will announce 
 the message (which is handed him by the clerk) as soon 
 as it is concluded, and there is no motion before the House.^ 
 A message from the governor-general or the deputy-gov- 
 ernor will, however, interrupt any proceeding, which 
 will again be taken up at the point where it was broken 
 oiF,^ — except, of course, in the case of a prorogation, when 
 the message will interrupt all proceedings for that ses- 
 sion.* 
 
 "Whenever either House desires the attendance of a 
 senator or member before a select committee, a message 
 must be sent to that effect.^ Leave must be given by the 
 
 ' This is the old rule, but it is practically obsolete. 
 ^ 131 E. Com. J. 290; Can. Com. J. (1877), 244. 
 3 129 E. Com. J. 66 ; Can. Com. J., 1891, July 31. 
 * 131 E. Com. J. 424. Can. Pari. Deb. (1873), 210-11 ; supra, 421. 
 5 131 E. Com. J. 87, 100, 168; Sen. E. 102; Can. Com. J. (1877), 142, 178, 
 234 ; lb. (1889) 152. See chapter xvi., s. 9, on select committees. 
 
462 RELATIONS BETWEEN THE TWO HOUSES. 
 
 House to which the member belongs, and it is optional for 
 him to attend.' In case the attendance of one of the 
 officers or servants of either House is required, the same 
 course will be pursued ; but it is not optional for them to 
 refuse to attend.^ In 18*70 a message was sent to the 
 Senate requesting that they would give leave to their 
 clerk to attend the committee of public accounts, and lay- 
 before that committee an account of the sums paid to each 
 member of the Senate as indemnity and mileage.^ The 
 Senate did not comply with the request, but simply com- 
 municated to the Commons a statement on the subject/ 
 In a subsequent session the Senate agreed to a resolution 
 instructing the clerk to lay before that House at the com- 
 mencement of every session, astatement of indemnity and 
 mileage, and to deliver to the chairman of the committee 
 of public accounts a copy of such statement, whenever an 
 application may be made for the same." In answer to a 
 message from the House in 1880, the Senate gave leave to 
 their clerk to furnish details of certain expenditures of 
 their own for the use of the same committee, adding at the 
 same time an expression of opinion that " the critical 
 examination of the details of such disbursements was, in 
 the interest of the harmonious relations of the two Houses, 
 best left to the House by whose order payment is made.'"* 
 In the session of 1890, the House of Oonamons requested 
 the attendance of one of the officers of the Senate before 
 the committee of public accounts to give information 
 respecting the distribution of stationery and the expendi- 
 ture for contingencies in that House. The Senate replied 
 
 1 131 E. Com. J. 93, iOO, 191 ; Sen. R. 102 ; Sen. J. (1877), 129, 203 ; Can. 
 Com. J. (1877), 150, 182, 237 ; Sen. J. (1882), 159. 
 
 2 113 E. Com. J. 255 ; Sen. R. 102 (see chapter xvi. on select commit- 
 tees sec. 9) ; Can. Com. J. (1870) 210 ; lb. (1890) 104. 
 
 ^ Can. Com. J. (1870j, 210; Sen. J. (1870), 130. 
 
 * Can. Com. J. (1870), 265 ; Sen. J. (1870), 149 ; Pari. Deb. 1184, 1214. 
 
 '' Sen. J. (1872), 96 ; Deb. 92. 
 
 " Can. Com. J. (1880), 130, 158-9, 242 ; Sen. J. 112. 
 
CONFERENCES. 463 
 
 that the matter was ■under the consideration of their own 
 contingent committee and that as soon as a report was 
 submitted by that committee it would be transmitted to 
 the Commons. Subsequently the report was laid before 
 the House of Commons.^ 
 
 II. Conferences.— In former times, before the mode of com- 
 munication between the two Houses was simplified as it 
 it is at presentjit was usual to hold a conference in all cases 
 of difficulty and disagreement between the council and 
 assembly." Though conferences have not been held of 
 recent years, still the Senate and Commons have con- 
 tinued their rules on the subject, for cases might arise 
 when it would be found convenient to resort to this 
 ancient method of maintaining a good understanding be- 
 tween these two branches of the legislature.' Under 
 these circumstances, it is necessary to refer to the princi- 
 pal rules which regulate a conference. 
 
 Conferences are conducted by members appointed by 
 both Houses for that purpose, and are held in a room 
 separate from either of the two Houses.* It is the pri- 
 vilege of the Senate to name both the time and place of 
 meeting, whether they or the Commons first request such 
 conference.^ It is an old rule that " the number of the 
 Commons named for a conference are always double those 
 of the Lords ;" "^ but it is not the modern practice to 
 
 ' Can. Com. J. (1890) 104, 136, 502 ; Sen. Deb. 130, 149. The report 
 never came from the Senate until the last day of the session, when the 
 committee on public accounts had finally reported. 
 
 ^ In the old days of conflict between the two Houses in Lower Canada, 
 it was often the practice to nominate committees to keep up a good cor- 
 respondence between the two Houses. Ass. Jour. (1819), 9, 10. 
 
 ' See following instances of conferences in Canadian practice since 1840 : 
 Leg. Ass. J. vol. 19, pp. 105, 114, 117, 138, 376 ; lb. vol. 20, p. 169; lb. vol. 
 22, pp. 285, 286, 287. The last occasion of a conference in Canada was in 
 1863. 
 
 * The " painted chamber " in the English parliament. Lords' S. 0. 89. 
 
 5 As in the Lords, May, 493; 1 E. Com. J. 154; 9 lb. 348. 
 
 8 1 E. Com. J. 154 ; Can. Leg. Ass. J. (1861), 114, 117. 
 
464 RELATIONS BETWEEN THE TWO HOUSES. 
 
 specify the number of manag-ers for either House. 
 Neither is it "customary nor consistent with the prin- 
 ciples of a conference to appoint any members as man- 
 agers unless their opinions coincide with the objects for 
 which the conference is held." ^ It is also an ancient rule 
 that the conference can be asked ouly by that House 
 which is at the time in the possession of a bill ^ or other 
 matter.' Rule 99 of the Canadian House also provides : 
 
 " When the House shall request a conference with 'the Senate, 
 the reasons to be given by this House at the same shalL be pre- 
 pared and agreed to by the House, before a message shall be sent 
 therewith."^ 
 
 It is not necessary, however, in requesting a conference 
 to state at length the purpose for which it is to be held ; 
 it is sufficient to specify it in general terms, so as to show 
 the necessity for having it held.' When the time has 
 come for holding the conference, the clerk will call over 
 the names of the managers, who will proceed forthwith 
 to the place of meeting." The duty of the managers on 
 the part of the House proposing the conference is confined 
 to the delivery to the managers of the other of the com- 
 munication, whatever it may be, and the duty of the 
 managers of the other House is merely to receive such 
 communication. They are not at liberty to speak, either 
 on the one side to enforce, or, on the other, to make objec- 
 tions to the communication. One of the managers for 
 the House proposing the conference (the member first 
 named, unless otherwise agreed upon) " first states the 
 
 1 May, 493 ; 1 E. Com. J. 350; 122 lb. 438. The number on the part of 
 the Lords was generally eight ; of the Commons, sixteen. The numbers 
 were the same in the Canadian houses. 
 
 2 1 E. Com. J. 114 ; 13th March, 1575. 
 
 3 2 lb. 581 ; 9 lb. 555. 
 
 * Leg. Ass. J., (1860), 321 ; 122 E. Com. J. 438, 440. 
 
 =■ 4 Hatsell, 50, 51 ; 88 E. Com. J. 488 ; 89 lb. 232 ; Leg. Ass. J (1861), 105. 
 
 « 113 E. Com. J. 182 ; 150 E. Hans. (3), 1859, 
 
 ' Pari. Reg. (58), 108. 
 
CONFERENCE. 465 
 
 occasion of it in his own words,' and then reads the com- 
 munication, and delivers it to one of the managers for the 
 other House, by whom it is received. When the con- 
 ference is over the managers return to the respective 
 Houses and report. Such reports should always be made 
 in accordance with correct parliamentary practice.^ The 
 Senate has the following rule : 
 
 103. "None are to speak at a conference with the House of 
 Commons but those that are of the committee ; and when any- 
 thing from such conference is reported, the senators of the com- 
 mittee are to stand up." 
 
 The report of the managers for the House at whose 
 request the conference has taken place is in substance that 
 they have met the managers for the other House, and 
 have delivered to them the communication with which 
 they were charged.^ The report of the managers for the 
 other House is substantially that they haA^e met the man- 
 agers for the former, and that the purpose of the confer- 
 ence was to make a certain communication which they 
 have received, and which they then proceed to lay before 
 the House. The report of the managers is then to be 
 considered and disposed of by the House to which it is 
 sent, which may take place immediately or be postponed 
 to a future time.* The result will be communicated to 
 the other House by a message.' Sometimes a second con- 
 ference will be necessary, when the first has not led to 
 an arrangement between the Houses.^ Or a free confer- 
 ence may be held when two conferences have been fruit- 
 
 ^ Speaker Onslow, 4 Hatsell, 28 n. 
 
 ^ May, 494. 113 E. Com. J. 182 ; Can. Leg. Ass. J. (1863, Aug. sess.), 
 287- Sometimes the managers appear from the Canadian journals to 
 have made no report. 
 
 3 113 E. Com. J. 182. 
 
 * Leg. Coun. J. (1861), 92, 93, 97, 98, 104 ; 90 Lords' J. 171. 
 5 118 E. Com. J. 308. 
 
 * 91 E. Com. J. 681, On one occasion the English Houses held no less 
 than four ordinary conferences ; 92 lb. 466, 512, 589, 646. 
 
 30 
 
466 RELATIONS BETWEEN THE TWO HOUSES. 
 
 less. Here the managers are at liberty to urge argu- 
 ments, to offer and combat objections, and, in short, to 
 attempt by personal persuasion and argument to effect an 
 agreement between the two Houses.^ When a free con- 
 ference is held business is suspended in both Houses. 
 The Commons stand the whole time, uncovered, within 
 the bar at the table. The Lords walk uncovered to their 
 seats, where they remain sitting and covered during the 
 whole conference. ^ 
 
 in. Reasons of Disagreement communicated.— It is now the 
 practice of the Senate and House of Commons to follow 
 the resolution of the English Houses adopted in 1851 
 with respect to amendments made to bills : 
 
 " "Where one House disagrees to any amendments made by the 
 other, 01- insists upon any amendments to which the other House 
 has disagreed, it will receive reasons for their disagreeing or 
 insisting, as the case may be, by message without a conference, 
 unless at anytime the other House should desire to communicate 
 the same at a conference."^ 
 
 These reasons are moved immediately after the second 
 reading of the amendment. ■* 
 
 IV. Joint Committees.— The practice of appointing joint 
 committees of the Senate and Commons on various sub- 
 jects on which united action is desirable has been found 
 to work most advantageously.' Such committees are now 
 
 1 91 B. Com. J. 771, 783, 787. 
 
 '' For full details of proceedings of conferences, see 4 Hatsell, 26 ; May, 
 chap. xvi. ; Gushing, s. 820 et seq. 
 
 ^ May, 492 ; 106 E. Com. J. 210, 217, 223. 
 
 * Can. Com. J. (1877) 262 ; see chapter xviii. on public bills, s. 17. The 
 English procedure is somewhat different from that of the Canadian 
 house; a committee ,is appointed to draw up the reasons. 131 E. Com. 
 J. 310. 
 
 5 3 Hatsell, 38 ; 131 E. Com. J. 282, 289, 292, 294 ; 136 lb. 281, 315, 318, 
 320. Can. Com. J. (1870), 56,57, 60, 68; 16. (1880), 147,152,177. In 1885 
 a joint committee was appointed to examine and report upon the con- 
 solidation of the statutes of Canada ; lb. (1885), 223, 250. 
 
DISAGREEMENT— JOINT COMMITTEES. 461 
 
 appointed every session with respect to the library and 
 printing of parliament.^ 
 
 Sometimes it may be found convenient to put commit- 
 tees of both Houses in communication with each other. 
 This proceeding is especially useful in cases affecting the 
 business of the Houses ; for instance, when it is neces- 
 sary to revise such rules on private bills as are common 
 to both. But no committee can regularly of its own mo- 
 tion confer formally with a committee of the other, but 
 must obtain all the necessary authority from the House 
 itself. The proceedings in each House will be communi- 
 cated to the other by message.^ 
 
 No rule exists as to the exact number from each House, 
 but it is generally nearly equal.^ In the English Com- 
 mons the two Houses send an equal number.* 
 
 The House of Commons will not, however, consent to 
 unite their committee with that of the Senate when the 
 matter is one affecting the revenue or public expendi- 
 tures.' 
 
 In case it is necessary to amend the report of a joint 
 committee, the proper and convenient course is to refer 
 the matter back to the committee." 
 
 V. Interchange of Documents.— In case the Senate or Com- 
 mons require a copy of a report of a select committee or 
 other official document that may be in possession of one 
 
 ^ See chapter xvi. on select committees, s. 2. 
 
 ■' 66 E. Com. J. 287, 291 ; 116 lb. 77; 93 Lords' J. 13; May, 498. 
 
 » Printing of P., Can. Com. J. (1889), 34, 77, 107. 
 
 " May, 497. 
 
 ' Can. Com. J. (1874), 63, 111 ; Pari. Deb. April 24th. In this case the 
 question to be considered was the passage of a prohibitory liquor law ; 
 committees were formed in each House, but the Commons, after discus- 
 sion, thought it unadvisable to units their committee with that of the 
 Senate, as the result might affect the revenue, over which they claim 
 exclusive control. This illustrates the jealousy with which the Commons 
 regard even a possible infringement of their privileges. 
 
 " Sen. Hans. (1880), 480 ; Sen. J. 238, 255 ; Com. J, 349. See supra, 348, 
 349. 
 
468 RELATIONS BETWEEN THE TWO HOUSES. 
 
 House or the other, a message will be sent to that effect.' 
 When the message has been reported to the House, it may- 
 be immediately taken into consideration, and a copy of 
 the document ordered to be communicated to the other 
 House.^ It is also usual to ask that it be returned to the 
 House to whom it belongs ; and this will be done by 
 message in due time.^ 
 
 VI- Relations between the Houses-— The respective rights and 
 privileges of the two Houses of Parliament are now so 
 well understood that the work of legislation is never 
 seriously impeded by embarrassing conflicts with regard 
 to their respective powers. In the old times, before the 
 concession of responsible government, the legislative 
 council and legislative assembly, especially in Lower 
 Canada, were frequently at a deadlock. The majority 
 controlling the upper chamber repeatedly rejected the 
 fiscal and financial measures passed by the popular 
 branch, and the machinery of legislation for many years 
 was practically clogged. But since 1841 the two cham- 
 bers have, on rare occasions only, failed to work har- 
 moniously. 
 
 Questions of Expenditure and Taxation. — In a few in- 
 stances only has the upper chamber attempted to interfere 
 with the fiscal and financial measures which necessarily 
 emanate from the popular branch. The following are the 
 only cases on record since 1841 : 
 
 In 1841 an act providing for the payment of salaries of officers 
 of the legislature, and for the indemnification of members, was 
 amended in the legislative council by striking out the clause pay- 
 ing the members out of the general revenues. The action of the 
 council in amending a money bill was resented by the assembly ; 
 
 1131 E. Com. J. 232, 339, 389. Can. Com. J. (1876), 132; lb. (1877), 
 274 ; lb. (1878), 126 ; Sen. J. (1878), 133, 139. 
 
 ' 131 E. Com. J. 339. Also lb. 298 ; Sen. J. (1880-1), 97, 105 ; Com. J. 
 124. 
 
 » Can. Com. J. (1878), 147, 294 ; Sen. J. 140. 
 
EXPENDITURE AND TAXATION. 469 
 
 the amended document was seized by a member and kicked out 
 of the House. The same bill, wi"h a change of title, was then 
 sent back to the council, who receded from their former position 
 and agreed to the measure/ 
 
 In the session of 1851 the Supply Bill contained the following 
 condition attached to the grant for defraying the expenses of the 
 clerk of the legislative council : " Provided that no additional 
 income shall be paid to the said clerk in the form of fees, per- 
 quisites, or contingencies." The committee of the whole, in the 
 legislative council, made a special report on the subject, and the 
 council thereupon instructed them to agree to the condition, in- 
 asmuch as very great inconvenience would result from the stop- 
 page of supplies. At the same time the following declaration 
 was entered on the journals of the council : 
 
 " That to prevent any ill consequences in future from such a 
 precedent as that of this House passing, without amendment, a 
 bill containing such a condition, this House has thought fit to 
 declare solemnly and to enter upon its journals for a record in 
 all time coming, that this House will not hereafter admit upon 
 any occasion whatsoever, of a proceeding so contrary to its 
 privileges, its dignity and its independence of the other House of 
 the provincial parliament." '' 
 
 In the session of 1856, the Supply Bill contained a provision 
 for erecting public buildings at Quebec, as the seat of govern- 
 ment. The majority in the legislative council were opposed to 
 the policy of the assembly on this question, and took strong 
 ground against the passage of the bill, whilst it contained this 
 obnoxious item. The majority carried a resolution defeating the 
 bill on the ground that the House had not been " consulted on 
 the subject of fixing any place for the permanent seat of govern- 
 ment of the province." A strong protest was, however, entered 
 
 ' Leg. Ass. J. (1841), 632-3; Pari. Deb., Montreal Gazette, Sept. 21st; 
 also June 20th, 1856 (Mr. Sandaeld Macdonald). For summary process 
 of kicking out a bill, see 1 B. Com. J. 560; 17 Pari. Hist. 512-515 ; Pal- 
 grave, The House of Commons, 24. 
 
 ' Leg. Council J- (1851), 215. The speaker himself directed the atten- 
 tion of the council to the subject, but he and others did not claim the 
 right of amendment, but only of entire rejection— an extreme course 
 which they did not think it expedient to take for the reasons given in the 
 declaration. Montreal Gazelle, Aug. 28, 1851. 
 
470 RELATIONS BETWEEN THE TWO HOUSES. 
 
 on the journals by the minority after the defeat of the bill. The 
 question was very temperately discussed in the assembly, and it 
 was finally decided to introduce a new Supply Bill without the 
 vote for the public buildings ; and to this bill the council agreed. 
 The ground was taken by several prominent men in the assembly 
 that the council had only vindicated their right to be consulted 
 on an important question of public policy.^ 
 
 In 1859, the legislative council again refused to vote the sup- 
 plies, an amendment being carried on the second reading of the 
 bill, to the effect that the coancil could not consider the budget 
 until the government had made known its intention with respect 
 to the seat of government. Subseqaently, however, the- bill was 
 revived and supply voted — other councillors who had been abs ent 
 on the first division having arrived in time to save the bill. In 
 this case the council took an extreme course, under the belief 
 that the government contemplated incurring expense for the 
 removal of the seat of government without first submitting the 
 question to the upper house.^ 
 
 In the third session of the parliament of the Dominion strong 
 objections were taken to the bill imposing new customs and excise 
 duties, aad an amendment was proposed to postpone the second 
 reading for six months. After a long debate, in which members 
 of the ministry took strong' ground against a motion interfering 
 with the privileges of the Commons in matters of taxation, the 
 amendment was negatived by a small majority." ^ 
 
 Though it is not within the object of this work to give a review 
 of the legislative procedure of the provinces since confederation, 
 yet it is impossible, whilst on this subject, to pass by the action 
 of the legislative council of Quebec in 1879, during a ministerial 
 crisis in the legislature of that province. The ministry, of which 
 Mr. Joly was premier, was in a minority in the council, which at 
 last refused by a vote of 7 to 15 to pass the Supply Bill, and at 
 the same time adopted an address to the lieutenant-governor, 
 setting forth its reasons for resorting to so extreme a proceeding. 
 The council believed "it to be its duty to delay the passage of 
 
 1 Leg. Ass. J. (1856), 738, 746 ; Leg. Coun. J. 414, 416 ; Pari. Deb. 249, 
 260, 262. See also infra, 473. 
 '' Leg. Coun. J. and Pari. Deb. 29th April, 1859. 
 ' Pari. Deb. (1870), 1437-1487. 
 
SUPPLY BILL. 4*71 
 
 the bill until the governor should be pleased to select new con- 
 stitutional advisers whose conduct could justify the council in 
 entrusting to them the management of the public moneys." A 
 deadlock ensued and lasted until the ministry was forced to retire, 
 when the lieutenant-governor felt it his duty to refuse them a 
 dissolution when thoy found themselves in a minority in the 
 assembly. The bill was passed on the formation of a new ad- 
 ministration, in which the council had confidence. The lieutenant- 
 governor on this occasion said that he saw no necessity for appeal- 
 ing to the people upon the constitutional question raised by the 
 action of the council. " The absolute right of the council— at 
 least such is the impression of the lieutenant-governor — is con- 
 tested by no one, so that there only remains to be discussed the 
 question of opportuneness." ^ 
 
 Since 1870 no attempt has been made in the Senate to 
 throw out a tax or money bill. The principle appears to 
 be well understood, and acknowledged on all sides, that 
 the upper chamber has no right to make any material 
 amendment in such a bill, but should confine itself to 
 mere verbal or literal corrections.^ Without abandoning 
 their abstract claim to reject a money or tax bill when 
 they feel they are warranted by the public necessities 
 in resorting to so extreme and hazardous a measure, the 
 Senate are now practically guided by the same principle 
 which obtains with the House of Lords, and acquiesce 
 in all those measures of taxation and supply which the 
 majority in the House of Commons have sent up to 
 them for their assent as a co-ordinate branch of the legis- 
 lature. The Commons, on the other hand, acknowledge 
 the constitutional right of the Senate to be consulted on 
 all matters of public policy.^ 
 
 As an illustration of the desire of the Senate to keep 
 
 1 Todd, Pari. Govt, in the Colonies, 565-70 ; Quebec Leg. Coun. J. (1879), 
 186-90. 220-1. 
 
 ^ 3 Hatsell, 147-155 ; Todd, Pari. Govt, in England, i. 808. 
 
 ^ See remarks of Lord Palmerston on paper duties repeal bill, 159 E. 
 Hans. (3), 1389. Also Mr. Collier, 1413 ; Lord Fermoy, 1453. 
 
4Y2 RELATIONS BETWEEN THE TWO HOUSES. 
 
 closely within their constitutional functions, we may 
 refer to the fact that that House has declined to appoint a 
 committee to examine and report on the public accounts, 
 on the ground that while the Senate could properly 
 appoint a committee for a specific purpose — that is, to 
 inquire into particular items of expenditure — they could 
 not nominate a committee like that of the Commons to 
 deal with the general accounts and expenditures of the 
 dominion — a subject within the jurisdiction of the lower 
 House, where all expenditures are initiated/ It is legi- 
 timate, howcA^er, for the Senate to institute inquiries, by 
 their own committees, into certain matters or questions 
 which involve the expenditure of public money.^ But 
 the committee should not report recommending the pay- 
 ment of a specific sum of money, but should confine 
 themselves to a general expression of opinion on the 
 subject referred to them.^ 
 
 Bills rejected by the Senate. — The number of bills of p\ib- 
 lic importance rejected by the Senate since confederation 
 is very small compared with the large num.ber coming 
 under their review every session. In the latter part of 
 the session of 1868 they refused to consider certain mea- 
 sures assimilating and revising the laws relating to crim- 
 inal justice, on the grotind that it was impossible at that 
 late period of the session to give such measures that care- 
 ful deliberation and examination which their importance 
 demanded/ In 1874 the Senate threw out a bill respecting 
 
 1 Sen. Deb. (1870), 816-818. 
 
 ^ Todd, i. 697; 129 E. Hans."(3), 1097 ; 164 Ih. 394, 401; Sen. J. (1878), 
 59, 62. 
 
 ^ The Gatineau booms and piers committee in 1875 recommended a 
 payment of $1,000 to one Palen ; the report was amended, so as to recom- 
 mend the matter simply to the favourable consideration of the govern- 
 ment; Sen, J. (1875), 218, 273; Deb. 718-722. See also Beveridge & 
 Tibbitts' claim ; Hans. (1880-81) 688. The committee here simply and 
 properly stated the conclusion at which they had arrived after investi- 
 gation of the facts. * Pari. Deb. Ottawa Times (1867), p. 255. 
 
BILLS REJECTED BY THE SENA TE. 41B 
 
 Tuckersmith, altering the electoral divisions of a county ; 
 in 1875", bills respecting tlie Esquimalt and Nanaimo rail- 
 way, and county court judges in Nova Scotia ; in 181*J, 
 a bill respecting the auditing of public accounts ; in 1878, 
 a bill creating the office of attorney-general ; in 1819, a 
 bill respecting two additional judges in British Columbia. 
 In all these cases the Senate differed from the majority 
 in the Commons on grounds of public policy or public 
 necessity. 
 
 In the session of 1878 the Commons sent up a bill to 
 amend the Canadian Pacific Railway Act of 1874. The 
 Senate amended the bill so as to require the assent of the 
 two Houses to any contract or agreement made by the 
 government for the lease of the Pembina branch. When 
 the amendments were considered in the Commons, the 
 premier (Mr. Mackenzie) asked the House to disagree 
 with them on the ground that " it is contrary to the uni- 
 form practice of parliament that contracts into which the 
 executive is authorized to enter should be made subject 
 to the approval of the upper chamber, etc." The Senate 
 submitted in their answer scA^eral precedents justifying, 
 in their opinion, their action, and at the same time urged 
 that " without the amendment the bill would provide for 
 the disposal of public property for a term of years with- 
 out obtaining the sanction of both Houses to the terms 
 of the transfer." It was also urged that the practice 
 referred to in the Commons message "never extended 
 beyond contracts for the completion of public works, for 
 which money voted by the Commons is in the course of 
 being expended, other contracts having been constantly 
 submitted for the approval of both Houses." The result 
 was that the government refused to proceed with the 
 measure when they found that the Senate would not 
 recede from the position they had taken on the grounds 
 of public policy and constitutional right.^ In 1879, an- 
 
 1 Can. Com. J. (187S), 263, 284 ; Sen. J., 275-6 ; Com. Hans. 2454- 
 
4*74 RELATIONS BETWEEN THE TWO HOUSES. 
 
 other ministry being in power, a somewhat similar bill 
 was passed through parliament with a clause providing 
 that " no such contract for leasing the said branch railway- 
 shall be binding until it shall have been laid before both 
 Houses of Parliament for one month without being dis- 
 approved, unless sooner approved by a resolution of each 
 House." ^ In 1889, the Senate postponed for six months 
 the second reading of a government bill to provide for 
 the building and working of a railway from Harvey to 
 Salisbury or Moncton, in New Brunswick.^ 
 
 Tacks to Bills of Supply. — In the old days of conflict be- 
 tween the Lords and Commons, and between the legis- 
 lative councils and assemblies of Canada, it was not an 
 uncommon practice to tack on to bills of supply and other 
 bills, matters entirely foreign to their object and scope. 
 Such a system was entirely at variance with correct par- 
 liamentary usage. The journals of the Lords abound in 
 examples of the condemnation of so dangerous a system ; 
 and from the first establishment of colonial assemblies, it 
 appears to have been a standing instruction to the gov- 
 ernors to enforce the observance of the strict usage by 
 refusing their assent to any bill in which it might be 
 infringed.^ 
 
 2459, 2553-2558. The minority in the Commons asserted the right of the 
 Senate to make the amendment in question. See remarlts of Dr. Tupper, 
 Sir J. A. Macdonald and others. 
 
 1 42 Vict., c. 13, s. 1. This provision is in accordance with Enghsh 
 practice ; 25 and 26 Vict., c. 78, s. 2, Imp. Stat. ; Todd, i. 493. One 
 example is given in the same work of a contract being laid before both 
 Houses of the Imperial Parliament; 28 and 29 Vict., c. 51 (Dockyards at 
 Portsmouth and Chatham). 
 
 ■' Sen. Deb. (1889), 690-715. This bill had passed the Commons. 
 
 ■* See remarks of Vise. Goderich, April 10th, 1832, giving reasons for 
 disallowing a bill passed by the Lower Canada legislature respecting the 
 independence of the judges, which also contained a clause asserting the 
 right of the legislature to appropriate, according to its discretion, the whole 
 of his Majesty's casual and territorial revenues. Christie iii.,455; L. C. 
 Jour. 26th Nov., 1832. See also on this point 3 Hatsell, 218-225 ; 16 Lords' 
 J. 369 ; 17 lb. 185 ; 13 E. Com. J. 320 ; 159 E. Hans. (3), 1550. 
 
INITIATION OF MEASURES. 4:15 
 
 No modern examples can be found in the English or 
 Canadian journals of a practice now admitted to be un- 
 constitutional in principle and mischievous in its results. 
 The Senate still retain among their standing orders the 
 following rule, which is almost identical with that of 
 the Lords : ^ 
 
 " 48. To annex any clause or clauses to a bill of aid or supply, 
 the matter of which is foreign to and different from the matter of 
 the bill, is unparliamentaiy." 
 
 Initiation of Measures in the Upper Chamber. — From the 
 necessity of introducing all financial and fiscal measures 
 in the lower House, directly responsible to the people, the 
 great bulk of legislation is first considered and passed in 
 the Commons, and the Senate frequently for weeks after 
 the opening of Parliament have had very few bills of an 
 important character before them. The consequence is 
 that very many measures have been in past years 
 brought from the Commons at a very late period, when it 
 was clearly impossible to give them that full and patient 
 consideration to which legislation should be submitted in 
 both branches. As we have already seen, the Senate 
 refused to consider the criminal laws in the first session 
 of the dominion parliament on account of the late period 
 at which they were brought up.^ The question of ini- 
 tiating more important legislation in the upper chamber 
 has been constantly discussed in that body,^ and commit- 
 tees have even been formed to consider the subject and 
 provide a means of meeting the ditficulty/ An eifort 
 
 ' 17 Lords' J. 185. See chapter xvii. on Supply, s. 11, Appropriation Bill. 
 
 2 Svpra., 472. 
 
 5 Sen. Deb. (1872), 53 ; lb. (1873), 74 ; lb. (1877), 479. 
 
 * Sen. J. (1867-8), 194, 260; lb. (1874), 103, 118 ; Deb. (1874), 196. The 
 committee of 1867-8, of which Hon., now Sir, A. Campbell was chairman, 
 called on the government to originate in the Senate as many measures 
 " as the law and usage of parliament will permit," in order that that House 
 "shall adequately fill its place in the constitution." Jour 261. The 
 necessity of initiating more private bill legislation in the Senate has also 
 
476 RELATIONS BETWEEN THE TWO HOUSES. 
 
 has, however, been made of late years to increase the 
 amount of legislation initiated in the Senate. This was 
 notably the case in the sessions of 1880-81 and 1882 — an 
 unusually large number of important government mea- 
 sures having been introduced in the upper House in the 
 course of the latter session.^ The same remarks apply to 
 the session of 1883, when measures were initiated in the 
 Senate respecting the civil service, superannuation of 
 of&cials, judiciary, naturalization, booms and other public 
 works, and penitentiaries.^ In 1889 and 1890 there was 
 also an improvement in this particular. In 1890 there 
 were seventeen government and public bills brought 
 down to the Commons, against nine in 1886, five in 188Y, 
 and three in 1888. Of this number thirteen were gov- 
 ernment bills. 
 
 been the subject of discussion in that House ; and it is certainly very 
 desirable that the practice of the English Parliament should be adopted 
 in this respect. See on this point chap, xx., s. 1. 
 
 1 Sen. Hans. (1880-81), 702-3 : lb. (1882), 16, 29 (Sir A. Campbell). 
 
 ^ 46 Vict., chapters 7, 8, 10, 31, 37, 43. 
 
CHAPTER XV. 
 
 COMMITTEES OF THE WHOLE. 
 
 I. Three classes of Committees in use in Parliament : Committees of the 
 whole ; select committees ; joint committees. — If. Rules of the Senate 
 respecting committees of the whole. — III. Procedure in the House of 
 Commons. — IV. Reports from committees of the whole. — V. New rules 
 of the English Commons. 
 
 I- Three Classes of Committees.— In order to facilitate the pro- 
 gress of legislation and ensnre the patient and thorough 
 consideration of questions, the Houses haA'-e established 
 three kinds of committees, to which a great number of 
 subjects are referred in the course of a session, viz : 
 
 1. Committees of the whole, composed of all the mem- 
 bers who sit in the House itself 
 
 2. Select committees (sessional or standing) consisting 
 of a small or large number of members only, who sit apart 
 from the House, though in rooms belonging to the House, 
 whilst the House is not sitting. 
 
 3. Joint committees,composed of members of each House 
 sitting and acting together. 
 
 Committees of the whole owe their origin to the " grand 
 committees," as they were called, which played so im- 
 portant a part in parliamentary proceedings, during the 
 reigns of James I, and Charles I, and which were in 
 fact standing committees of the whole House. By recur- 
 ring to the history of the period when they were first in- 
 troduced, it will be found that they were established, not 
 to facilitate the passing of bills, in the ordinary course of 
 
4*78 COMMITTEES OF TSE WHOLE. 
 
 legislation, but to afford means for bringing forward and 
 discussing the great constitutional questions wbich. were 
 agitated in the parliaments of the Stuarts, These com- 
 mittees, though regularly appointed, existed only in name 
 from the time of the Eestoration, and were wholly laid 
 aside in 1832, at the beginning of the first session of the 
 reformed parliament.^ 
 
 Similar committees were appointed from an early date 
 in the assemblies of the Lower Canada legislature. In 
 accordance with the practice of the imperial parliament, 
 these committees were appointed at the commencement 
 of each session, and were directed by the House to sit on 
 certain days in each week. From the character of the 
 subjects, which they were appointed to investigate, they 
 were denominated the grand committees for grievances, 
 courts of justice, agriculture and commerce.^ It was also 
 a practice in those times for the assembly to form itself 
 into committee of the whole on the state of the province, 
 and it was in this way the famous ninety-two resolutions 
 of the legislature of Lower Canada originated.' Such com- 
 mittees were not uncommon in 1*778 in the English 
 parliament.* 
 
 These grand committees on constitutional questions 
 have not existed by name since the union of the Oanadas 
 in 1840, and the concession of responsible government. 
 The legislatures of the provinces, however, continue to 
 discharge a large and important part of their functions 
 through committees of the whole, and certain standing 
 committees composed in some cases of a large number 
 of members.'* 
 
 ^ For a very full account of the composition and functions of these com- 
 mittees, see Gushing, app. xv. : Dwarris, i. 160-1. 
 
 ^ Low. Can. Ass. J. (1807), 48; lb. (1808), 26 ; lb. (1819), 9. 
 
 3 lb. (1834), 11, 65, 310 ; supra, 23-24. 
 
 ■* See remarks of Lord Chancellor Loughborough, as to the great latitude 
 taken in these committees ; 59 Pari. Regv.512 ; Cushing, s. 2041. 
 
 s Can. Hans. (1883), 37 (Sir John Macdonald). 
 
PROCEDURE IN THE SENATE. 479 
 
 Committees of the whole House, being composed of all 
 the members, possess none of the advantages which 
 result from the employment of a small number of persons, 
 selected with express reference to the particular purpose 
 in view ; and at the present day the principal advantage 
 which appears to result from the consideration of a sub- 
 ject involving many details in a committee of the whole 
 House, rather than in the House itself, consists in the 
 liberty which every member enjoys in such committee of 
 speaking more than once to the same question. The ap- 
 pointment of select and joint committees forms the sub- 
 ject of a subsequent chapter, and consequently the fol- 
 lowing pages will be exclusively devoted to a consideration 
 of the powers and duties of committees of the whole. It 
 will also be necessary to refer to the same subject when 
 we come to review the proceedings in committees of the 
 whole on bills and supply. 
 
 II. Senate Rules.— "When the Senate has been " put into 
 committee," it is recorded in the journals as " adjourned 
 during pleasure," and when the committee rises, it is 
 stated that " the House was resumed." ^ The procedure 
 with respect to committees of the whole is substantially 
 the same in the two Houses. The Senate has the follow- 
 ing special rules on the subject : 
 
 "87. When the Senate is put into committee, every senator is 
 to sit in his place. 
 
 " 89. The rules of the Senate are observed in a committee of 
 the whole, except the rules limiting the time of the speaking; 
 and no motion for the previous question or for an adjournment 
 can be received ; but a senator may, at any time, move that the 
 chairman leave the chair, or report progress, or ask leave to sit 
 again. 
 
 " 88. No arguments are admitted against the principle of a bill 
 in a committee of the whole. 
 
 1 Sen. J. (1883), 86 ; lb. (1890), 198, etc. The same practice prevails in 
 the Lords, though it is not now usual to make the entry " adjourned dur- 
 ing pleasure." 119 Lords' J. 293, etc. 
 
480 COMMITTEES OF THE WHOLE. 
 
 " 90. When the Senate is put into a committee of the whole, 
 the sitting is not resumed without the unanimous consent of the 
 committee unless upon a question put by the senator who shall 
 be in the chair of such committee. 
 
 " 91. The proceedings of the committee are entered in the 
 journals of the Senate." 
 
 There is no chairman of committees in the Senate 
 regularly appointed at the commencement of every ses- 
 sioa, as in the House of Lords ; ^ but the speaker will call 
 a member to the chair. In committee a senator may 
 address himself to the rest of the senators.^ 
 
 III. Procedure in the Commons.— "When the House of Com- 
 mons proposes to go into a committee of the whole on a 
 bill or other question, it must first agree to a resolution 
 duly moved and seconded — "That this House will im- 
 mediately (or on a future day named in the motion) 
 resolve itself into a committee of the whole." ' By refer- 
 ence to the chapters on public bills and committee of 
 supply, it will be seen that all matters affecting trade, 
 taxation or the public revenue must be first considered 
 in committee of the whole, before any resolutions or bills 
 can be passed by the House of Commons. Addresses to 
 the queen or her representative in Canada are also fre- 
 quently founded on resolutions considered first in com- 
 mittee of the whole.* 
 
 When the House agrees to resolve itself immediately 
 into a committee of the whole, the speaker will call a 
 member to the chair in accordance with rule 15 : 
 
 " In forming a committee of the whole House, the speaker, 
 before leaving the chair, shall appoint a chairman to pi-eside, who 
 shall maintain order in the committee; the rules of the House 
 shall be observed in committee of the whole House, so far as mav 
 
 ' Lords' S. 0. 2, 38, 39; 109 Lords' Jour. 11 ; 237 E. Hans. (3), 58. 
 ^ R. 20 ; supra, 405 n. 
 
 ' Can. Com. J. (1875), 188; lb. (1877), 117; lb. (1878;, 147. 
 *Ib. (1875), 351, 355 ; lb. (1878), 255 ; supra, 351. 
 
PROCEDURE IN THE COMMONS. 481 
 
 be applicable, except the rule limiting the number of times of 
 speaking." 
 
 In the session of 1885 the House of Commons adopted 
 the English practice of electing a permanent chairman of 
 committees of the whole, who acts also as deputy speaker.^ 
 At the same time the House passed the following stand- 
 ing orders : 
 
 1. That this House do elect a chairman of committees of this 
 House at the commencement of every parliament, as soon as an 
 address has been agreed to in answer of his Excellency's speech ; 
 and that the member so elected do, if in his place in the House, 
 take the chair of all committees of the whole, including the com- 
 mittees of supply and ways and means, in accordance with the 
 rules and usages which regulate the duties of a similar officer, 
 generally designated the chaii-man of the committee of ways and 
 means, in the House of Commons of England. 
 
 2. That the member elected to serve as deputy speaker and 
 chairman of committees shall be required to possess the full and 
 practical knowledge of the language which is not that of the 
 speaker for the time being. 
 
 3. That the member so elected chairman of committees do con- 
 tinue to act in that capacity until the end of the parliament for 
 which he is elected, and in the case of a vacancy by death, re- 
 signation or otherwise, the House shall proceed forthwith to elect 
 a successor. 
 
 When the House has ordered the committee for a future 
 day, the clerk will read the order when it has been reached, 
 and the speaker will then put the formal question — " The 
 motion is, that I do now leave the chair." If the House 
 agree to this motion, Mr. Speaker will at once call a mem- 
 ber to the chair ; but any amendment may be made to 
 this question ; and if it be carried in the affirmative it 
 
 ' JouT. and Hans. lOth Feb., 1885. Mr. Daly was the first chairman 
 appointed under this rule ; see stipra, 210. No notice is absolutely required 
 of the election of a chairman, as it proceeds, like the formation of com- 
 mittees of supply and ways and means, by virtue of a standing order. 
 None was given in 1887, but when it can bedone, it is the most con- 
 venient practice. 
 31 
 
482 COMMITTEES OF THE WHOLE. 
 
 will supersede the question for the time being, and the 
 House will not go into committee. But when it is in- 
 tended to move only an instruction, and not to prevent 
 the House going into committee on a question, the in- 
 struction should be moved as soon as the order has been 
 read at the table.^ 
 
 When the speaker leaves the chair, the serjeant-at-arms 
 places the mace under the table where it remains during 
 the sitting of the committee. The chairman (who occu- 
 pies the clerk's chair) will propose and put every question 
 in the same manner as the speaker is accustomed to do in 
 the House itself. The members should address them- 
 selves to the chairman.^ If a question of order arise he 
 will decide it himself, unless it be deemed more advisable 
 to refer the matter to the speaker in the House itself. 
 Eule *16 provides : 
 
 " Questions of order arising in committee of the whole House 
 shall be decided by the chairman, subject to an appeal to the 
 House,^ but disorder in a committee can only be censui-ed by the 
 House, on receiving a report thereof." 
 
 1 Can. Com. J. (1870), 120. Chapter xviii. on public bills, s. 8. Ma5', 
 431. 
 
 ^ In the English House the chairman of a committee is frequently 
 addressed by name. If the chairman, through fatigue or for other rea- 
 sons, finds it necessary to vacate the chair temporarily, he may call 
 another member to fill his place ; and mention of the fact will be made 
 in the record of the proceedings of the committee. 132 E. Com. J. 395, 
 South Africa Bill. 
 
 ' The first case of appeal to the House under this rule occurred in the 
 session of 1885, but it has its grave inconveniences, since the House is 
 called upon suddenly and without debate to decide a question of order 
 which many of its members may not have heard discussed in committee, 
 and the result is, in the majority of cases, a political vote. Under all the 
 circumstances the committee should hesitate before resorting to so 
 extreme a measure. In such a case it is for the chairman of the com- 
 mittee to report in writing the point of order which he has decided, and 
 the speaker must then submit the matter to the House in the language 
 reported to him, and put the question, " That the decision of the chair- 
 man be confirmed." The committee may then resume, if the business 
 be not concluded ; Can. Com. J. (1885), 354, 355 ; Hans. 1513. See also 
 
RULES OF PROCEDURE. 483 
 
 If it be found expedient in either House to refer a 
 point of order to the speaker, a member will move that 
 the chairman report progress and ask leave to sit again 
 that day. When the speaker has resumed, the chairman 
 will report that the committee wishes tp be instructed as 
 to the point in question. The House will then proceed 
 to take the matter into consideration, and the speaker 
 having been requested to give his opinion will decide the 
 matter in dispute ; then unless there is an appeal to the 
 House against the speaker's decision, the committee will 
 resume its proceedings.^ In case of disorderly proceedings 
 in committee, such as unseemly noise and interruptions, 
 the chairman will endeavour to preserve order,and will re- 
 buke those guilty of such breaches of parliamentary 
 decorum f but he cannot put a question censuring a 
 member ; that can be done by the House alone.^ In a very 
 urgent case of disorder, the speaker may take the chair 
 immediately, without waiting for the report of the chair- 
 man."' "When improper language is used by a member 
 towards another, the words may be taken down in com- 
 mittee, and reported to the House which will deal with 
 the matter in accordance with its rules and usages.' 
 
 If the committee has risen, reported progress and ob- 
 tained leave to sit again on a future day, the speaker will 
 not put any question, but will immediately call a mem- 
 ber to the chair when the order has been read ; but this 
 practice does not apply to committees of supply and ways 
 
 another case on May 18, 1885. These exceptional occurrences in proce- 
 dure happened during the remarkably prolonged debate on the dominion 
 franchise act — a matter of intense political controversy. 
 
 ' Can. Com. J. 1875, April 1st ; general acts respecting railways. See 
 91 E. Com. J. 104 ; 126 E. Hans. (3), 1240; also, Sen. J. (1875), 137-8. 
 
 ^239E. Hans. (3). 1790. 
 
 3 R. 76, p. 417. 126 E. Hans. (3), 1193 ; 235 lb. 1810 ; 108 E. Com. J. 
 461. 
 
 * Case of J. Fuller, 65 E. Com. J. 134-136. 
 
 ^ 235 E. Hans. (3), 1809-1833. See chapter xii. on debate, a. xx. 
 
484 COMMITTEES OF THE WHOLE. 
 
 and means. The old standing order of the English Com- 
 mons is followed in Canada — there being no written rule 
 in the Canadian House on this point : 
 
 "When a bill or other matter (except supply or ways and 
 means) has been partly considered in committee, and the chair- 
 man has been directed to report progress, and ask leave to sit 
 again, and the House shall have ordered that the committee shall 
 sit again on a particular day, the speaker shall, when the order 
 for the committee has been read, forthwith leave the chair, with- 
 out putting any question, and the House shall ther eupon resolve 
 itself in to such committee." ^ 
 
 No motion or amendment in committee need be 
 seconded.^ In case of a division being called for, the 
 members rise and the assistant clerk counts an d declares 
 the number on each side, and the chairman decides the 
 question in the affirmative or negative, just as the speaker 
 does in the House itself. No names are recorded in com- 
 mittee. Consequently but few divisions take place in 
 committees of the whole.^ 
 
 One of the clerks-assistant keeps a record of the pro- 
 ceedings of committees of the whole in a book, to which 
 members can always have access. The chairman of the 
 committee signs his initials at the side of every section of 
 a bill or resolution, and his name in full at the end. The 
 proceedings of the committees of supply and of ways and 
 means are always recorded in the journals ;^ and the same 
 is done in the case of all resolutions which provide for the 
 expenditure of public money or for the imposition of 
 taxes, and have to be received on a future day.^ The pro- 
 ceedings in committees on bills are not given in the 
 Canadian journals,^ though it is the invariable practice in 
 
 ' S. 0. 25th June, 1852. See Rules and Orders (Palgrave) No. 236. 
 ' May, 433. 
 
 » Sen. J. (1878), 215 ; lb. (1879), 272. In the Lords the names are given 
 —Lords' J. (109), 173-5; Ih. (119) 196-9. 
 * Can. Com. J. (1877), 44, 51, 76 ; 129 E. Com. J. 100, 133, 258. 
 5 Can. Com. J. (1876), 74 ; Ih. (1877), 155, 156. « Ih. (1877), 160. 
 
MOTION TO SUPERSEDE A QUESTION. 485 
 
 the English Commons to do so when amendments are 
 proposed or made/ In case of amendments being moved or 
 divisions taking place on a question, they are sometimes 
 recorded in the Canadian Commons journals, but this 
 practice is exceptional.'^ In the Senate the proceedings of 
 all committees are recorded in the journals in accordance 
 with an express order.^ 
 
 It is not regular to move an adjournment of the debate 
 on a question or an adjournment of the sittings of the com- 
 mittee to a future time ; ^ but certain motions may be 
 made with the same effect. If it is proposed to defer the 
 discussion of a bill or resolution, the motion may be 
 made — " That the chairman do report progress and ask 
 leave to sit again ;" ^ and if this motion (which is equiva- 
 lent to a motion for the adjournment of the debate) ^ be 
 agreed to, the committee rises at once, and the chairman 
 reports accordingly. The speaker will then say — " When 
 shall the committee have leave to sit again ?" A time 
 will then be appointed for the future sitting of the com- 
 mittee.'^ But if a member wishes to supersede a question 
 entirely, he will move — " That the chairman do now leave 
 the chair."* Rule 71 of the House of Commons provides : 
 " A motion that the chairman leave the chair sha 11 always 
 be in order, and shall take precedence of any other motion." 
 If this motion (which is equivalent in its effect to a motion 
 for the adjournment of the House)" be resolved in the affir- 
 mative, the chairman will at once leave the chair, and no 
 
 1 129 E. Com. J. 191, 198, 205. 
 
 ■' Can. Com. J. (1867-8), 32; /6. (1870), 230-1. 
 
 = Sen. B. 91 ; Sen. J. (1878), 215. 
 
 ^ Sen. E. 88 ; May, 439. 
 
 5 132 E. Com. J. 395. 
 
 " Evidence of Mr. Eaikes, chairman of Committees, before committee 
 on public business, 187s, p. 89. The discussion on this motion may be 
 on a bill or question generally ; 239 E. Hans. (3), 633. 
 
 ' Can. Com. J. (1877), 76. 
 
 8 132 E. Com J. 395. 
 
 ^ Evidence of Mr. Raikes, C. on P. B. 1878, p. 89. 
 
486 COMMITTEES OF THE WHOLE. 
 
 report being made to the House, the bill or question dis- 
 ajjpears from the order paper.^ Two motions to report 
 progress cannot immediately follow each other on the same 
 question ; but some intermediate proceeding must be had.^ 
 Consequently if a motion to report progress be negatived, 
 a member may move that "the chairman do leave the 
 chair." ' Tf the latter motion is carried in the affirmative, 
 then the business of the committee is superseded, and the 
 chairman can make no report to the House. In this case, 
 however, the original order of reference still remains, 
 though the superseded question may not appear on the 
 order paper ; and it is competent for the House to resolve 
 itself again, whenever it may think proper, into com- 
 mittee on the same subject.^ 
 
 By reference to the Senate rules ''' it will be seen that the 
 motion for the previous question is expressly forbidden. 
 No such rule appears among the orders of the Canadian 
 Commons ; but the practice is the same as that of the 
 English House, which does not admit of the motion. 
 " The principle of this rule," says Sir Erskine May on this 
 point, " is not perhaps very clear, but such a question is 
 less applicable to the proceedings of a committee. A sub- 
 ject is forced upon the attention of the House, at the will 
 of an individual member ; but in committee the subject 
 has already been appointed for consideration by the House, 
 and no question can be proposed unless it be within the 
 order of reference. Motions, however, having the same 
 practical effect as the previous question, have sometimes 
 been allowed in committees on bills ; and a motion that 
 the chairman do now leave the chair, offered before any 
 resolution has been agreed upon, and with a view to 
 
 ' 117 E. Com. J. 177 ; Can. Com. J. (1869), 106, 288, 303 ; Ih. (1874), 326. 
 ^ May, 440. The same principle applies to these motions that applies 
 to those for the adjournment of the House and debate, mpra, 395. 
 ■' 132 E. Com. J. 394-6 ; 239 E. Hans. (3), 1802, 1811-15. 
 
 * See chapter xviii. on public bills, s. 18. 
 
 * Svpra, 479. 
 
MOTION TO SUPERSEDE A QUESTION. 48Y 
 
 anticipate and avert such resolution, has precisely the 
 same effect as the previous question." ^ 
 
 If it be shown by a division or otherwise that there is 
 not a quorum present in the committee, the chairman will 
 count the members and leave the chair, when the speaker 
 will again count the House. If there is not a quorum 
 present, he will adjourn the House ; but if there are 
 twenty members in their places, the committee will be 
 resumed.^ If the House is adjourned for want of a quorum 
 the committee may again be revived.' In the same way, 
 if a question is superseded by the motion for the chair- 
 man to leave the chair, it may be subsequently revived, 
 for the committee has no power to extinguish a question ; 
 that power the House retains to itself.* 
 
 During the sitting of the committee, the speaker 
 generally remains in the House, or within immediate call, 
 so that he may be able to resume the chair the moment it 
 is necessary. In case the chairman of committees has to 
 take the chair, in the absence of the speaker, he may call 
 upon any member on the government side to make the 
 report." A message from the governor-general, sum- 
 moning the House to attend him in the Senate chamber, 
 will require the speaker to resume the chair immedi- 
 ately. But messages brought by a clerk of the Senate will 
 
 1 May, 433. Education, 111 E. Com. J. 134 ; 141 E. Hans. (3), 780, 799-80. 
 
 '' 100 E. Com. J. 701 ; 121 Tb. 272; 137 lb. 197 ; Leg. Ass. (1852-3), 1038, 
 1116. 
 
 ' 110 E. Com. J. 449; 137 lb. 197. 
 
 * 176 E. Hans. (3),99; 115 E. Com. .T. 402, 427. Evidence of Mr. Raikes, 
 Com. on P. B., 1878, p. 89. Also chapter xviii. on public bills, s.l8. 
 
 ' Mr. Palgave, clerk of the English House of Commons in a letterto the 
 author, states in these words the English practice : " When during the 
 speaker's absence, the chairman of ways and means leaves the chair of 
 the committee,to take the chair — a committee sitting being over — he asks 
 a member at hand, usually off the government bench, to make the report 
 from the committee, as any member of a committee can make a com- 
 mittee report to the House, and so the absurdity of the chairman's report 
 from himself to himself is avoided." 
 
488 COMMITTEES OF THE WHOLE. 
 
 not interrupt the proceedings of a committee. Sucli mes- 
 sages are only reported to the House by the speaker as 
 soon as the committee has risen and reported, and before 
 another question has been taken up by the House. ^ 
 
 When six o'clock comes the speaker will resume the 
 chair immediately, without waiting for any report from 
 the chairman, and will say — " It being six o'clock, I now 
 leave the chair." In case, however, the committee cannot 
 sit after recess, the chairman must make the usual formal 
 motion for leave to sit again. In case, however, the com- 
 mittee can continue, the chairman will resume the chair 
 after half-past seven o'clock, when the speaker has taken 
 his seat and called on him to discharge that duty." If it 
 be one of those days when an hour is devoted to the con- 
 sideration of private bills, he will only resume when they 
 have been duly disposed of.^ 
 
 IV. Report from Committees of the Whole,— By rule 4*7 of the 
 House of Commons all amendments made to bills in com- 
 mittee of the whole " shall be reported to the House, which 
 shall receive the same forthwith." * Resolutions provid- 
 ing for a grant of public money, or for the imposition of a 
 public tax, can only be regularly received on a future 
 day."^ Resolutions relating to trade or other matters may 
 be received immediately, and bills introduced thereupon.* 
 All resolutions, when reported, are read twice and agreed 
 to by the House. The first reading is a purely formal pro- 
 
 ' Can. Com. J. (1877), 282, Here the message was received whilst the 
 committee of supply was sitting. 
 
 « Can Com. J. (1876), 264-5. 
 
 ^ lb. (1878), 85. Here no private bills were on the paper, but a message 
 from the Senate with a private bill was taken up, and progress made 
 therewith. Messages with bills from the Senate are sometimes taken up 
 by general consent at this stage ; lb. (1885), 235. 
 
 * Chapter sviii. on public bills, s. 11. 
 
 ^ Chapter xv. on supply, s. 9 ; INIay, 442. 
 
 " Can. Com. J. (1873), 127, 149, 155, 157 ; lb. (1878), 108, 116 ; 129 E. 
 Com. J. 31 ; 137 lb. 48 (Banking Laws) ; May, 442. 
 
NEW RULES OF THE ENGLISH COMMONS. 489 
 
 ceeding, but the question for reading the resolutions a 
 second time is put by the speaker, and may be the sub- 
 ject of debate and amendment.^ Eesolutions may be with- 
 drawn, postponed, referred back for amendment, or other- 
 wise disposed of.^ On the motion for reading them a 
 second time the discussion and amendment may relate to 
 the resolutions generally, but when they have beeil read 
 a second time any debate or amendment must be confined 
 to each resolution.^ 
 
 V. New Rules of the English Commons. -The old rules which 
 govern committees of the whole in Canada give excep- 
 tional opportunities for making motions and indulging 
 in prolonged discussions. When every clause in a bill 
 may of itself be the subject of numerous motions, on 
 each of which a member may speak as often as he pleases, 
 it is quite evident that a minority, great or small, has it 
 always in its power, when so inclined, to obstruct public 
 business. It is, therefore, easy to understand that there 
 have been of late years, during the crisis through which 
 the English House of Commons has been passing, such 
 serious interruptions to the proceedings of committees of 
 the whole that it has been thought necessary to revise the 
 rules of procedure as the only means of meeting a great 
 difficulty. It will be seen from the summary given else- 
 where * of the new standing orders of the English House, 
 that when the chairman of a committee of the whole is of 
 opinion that a motion that the chairman do report pro- 
 gress or do leave the chair is an abuse of the rules, he may 
 immediately put the question. He may also call attention 
 
 1 Can. Com. J. (1880-1), 94 (Canadian Pacific E.) ; lb. (1885), 516. 
 
 '' 77 E. Com. ,T. 314; 95 lb. 169; 112 lb. 227; 119 lb. 333; 129 lb. 100, 
 107; 132 J6. 354; Can. Com. J. (1867-8), 59, 160; Tb. (1869), 181,183; lb. 
 (1871), 88. 
 
 " 174 E. Hans. (3), 1551 ; Can. Com. J. (1883)401. 
 
 * Appendix L. Also Rules and Orders (Palgrave) Nos. 188-191, 176-77, 
 297, 298. 
 
490 COMMITTEES OF THE WHOLE. 
 
 to irrelevant remarks, and direct the offending mem- 
 ber to discontinue them. Any member who wilfully 
 disregards the authority of the chair,or obstructs business, 
 may be named by the chairman, and if the committee 
 decide that he should be suspended, the circumstances 
 will be reported forthwith, and the speaker shall put the 
 question for suspension without delay. Debate must now 
 be confined to the matter of a motion for the chairman 
 reporting progress or leaving the chair ; and no member 
 who has moved or seconded any such motion shall have 
 the right to propose a similar motion during the same 
 debate. When the chairman of a committee has been, 
 ordered to make a report to the House, he leaves the chair 
 without " question put." It is also ordered that when 
 the chairman has been authorized by the committee to 
 inake a report to the House, he shall leave the chair with- 
 out putting the question, and consequently no debate can 
 take place at that stage of proceedings. These are the 
 material changes in the procedure of committees of the 
 whole in the English Commons, and it will be seen that 
 they are virtually an entire reversal of the old practice 
 which allowed exceptional latitude of discussion in com- 
 mittees. It must be added, however, that they are not 
 intended, and are not likely ever to be used, to prevent 
 legitimate discussion or the proposal of such motions as 
 are necessary to the proper consideration of a question. 
 
CHAPTER XVI. 
 
 SELECT, STANDING AND SESSIONAL COMMITTEES. 
 
 I. Sessional committees of the Senate.— II. Standing committees of the 
 Commons. — III. Appointment of select committees.— IV. Quorum. — 
 V. Organization and procedure of committees— VI. Reports of com- 
 mittees. — VII. Their presentation to the House. — VIII. Concurrence. — 
 IX. Examination of witnesses.— X. Their payment. — XI. Their exam- 
 ination under oath. 
 
 I. Sessional Committees of the Senate.— Select committees now 
 form a most important part of the legislative machinery. 
 They possess the obvious advantages, which a small 
 number of persons must naturally have, of being able to 
 discuss the details of the questions referred to them with 
 that patient deliberation which is practically impossible, 
 as a rule, in the whole House. The tendency of modern 
 practice is to refer to committees all matters requiring the 
 taking of evidence and laborious investigation. In this 
 ' way, the Houses are able to simplify their proceedings 
 and make greater progress with the public business. 
 
 The value of select committees for these purposes has 
 always been recognized by the Canadian legislatures, and 
 of late years their usefulness has received extension by 
 the reference of many public bills of an important charac- 
 ter either to standing or special committees. In England 
 also the House of Commons has begun to attach greater 
 importance to such deliberative bodies, and has recently 
 appointed two standing committees of not more than 
 eighty members for the consideration of all bills relating 
 to law, courts of justice and legal procedure, and to trade, 
 
492 COMMITTEES. 
 
 shipping and manufactures ; in fact, establishing a class 
 of committees which have been practically in operation 
 for years in the legislatures of Canada.' 
 
 In the course of every session, a number of standing or 
 sessional committees are appointed in each house of the 
 parliament of the dominion to inquire into and report on 
 those matters referred to them for consideration. By 
 standing committees are meant those committees which 
 are appointed beforehand for the consideration of all 
 subjects of a particular class arising in the course of a 
 session. In the Senate these committees are also called 
 " sessional." 
 
 After the speech from the throne has been considered 
 and answered in the upper House, it is the practice to 
 appoint sessional committees on the following subjects : 
 on banking and commerce ; on railways and telegraphs 
 and harbours f on the contingent accounts of the Senate ; 
 on standing orders and private bills.' Committees are 
 also appointed to act with committees of the Commons 
 on the library and printing of Parliament. As the Senate 
 has, for years past, had its debates reported officially, it 
 is usual at the beginning of a session to appoint a com- 
 mittee on reporting.^ Notice is always given in the 
 minutes of the members of the different sessional com- 
 mittees.^ The motion for the appointment of a sessional 
 committee must be put and concurred in by the House.* 
 
 ^ See remarks of Sir John Macdonald, 16th of Feb., 1883, Can. Hans. 
 Also S. 0. of 1st Dec, 1882, and of 7th March, 1888, with respect to the 
 English committees. Rules and Orders (Palgrave) Nob. 270, 271, 272, 273. 
 
 ^ Previous to the session of 1879, these subjects were all referred to one 
 committee on banking, commerce and railways. Sen. Hans. (1879), 38. 
 A committee is also sometimes appointed to manage the refreshment 
 rooms, Sen. J. (1S80), 33. 
 
 'Sen. J. (1883), 41; lb. (1890), 13,14- 
 
 * lb. (1878), 36-37 ; lb. (1879), 44-5 ; lb. (1832), 29-30; lb. (1890), 14. 
 
 ^Min. of P. (1878), 26-27; lb. (1882), 18-20; lb. (1883), 35-36; Deb. 
 (1889 1, 37. 
 
 " Sen. J. (1878), 36. 
 
STANDING COMMITTEES. 498 
 
 The sessional committees on banking and commerce, rail- 
 ways,' and contingent accounts, report from time to time, 
 without receiving special authority to that effect in the 
 order appointing them.^ The committee on standing 
 orders, however, always receives such power, as well as 
 authority to send for persons, papers and records.^ Mes- 
 sages will be sent to the Commons informing them of the 
 appointment of committees on the library and printing.^ 
 The committees of the Senate meet on the next sitting 
 day after their appointment, and choose their chairman, 
 and the majority of senators appointed on such commit- 
 tees constitute a quorum, unless it be otherwise ordered.* 
 But it is the practice for these committees (except that on 
 the library) to report, recommending the reduction of 
 their quorum to a stated number." 
 
 The rules that govern the proceedings of the committees 
 of the Senate are, for the most part, the same as those of 
 the Commons ; ^ and whenever there is any difference in 
 practice, it will be shown in the course of this chapter. 
 
 II. Commons Standing Committees. —When the speech has 
 been reported by the speaker at the commencement of a 
 session, the premier or other member of the ministry in 
 the House of Commons will formally move — 
 
 " That select standing committees be appointed for the follow- 
 ing purposes : — 1. On privileges and elections; 2. On expiring 
 laws ; 3. On railways, canals, and telegraph lines ; 4. On mis- 
 cellaneous private bills ; 5. On standing orders ; 6. On printing; 
 7. On public accounts ; 8. On banking and commerce ; 9. On 
 agriculture and colonization. Which said committees shall sev- 
 
 1 Sen. J. (1878), 37; lb. (1882), 30 ; 76. (1890), 13. 
 
 ' lb. (1882), 30 ; lb. (1890), 14. 
 
 ' lb. (1882), 29-30; lb. (1890), 13. 
 
 ' R. 92. 
 
 5 Sen. J. (1878), 44, 52, 54 ; lb. (1879), 54, 55 ; lb. (1882), 32, 33 ; lb. 
 (1890), 16. 
 
 * In the House of Lords there are very few special rules in regard to 
 the appointment and constitution of select committees; May, 447. 
 
494 COMMITTEES. 
 
 erally be empowered to examine and inquire into all sucli matters 
 and things as may be referred to them by the House ; and to 
 report from time to time their observations and opinions thereon, 
 with power to send for persons, papers and records."' 
 
 Notice is then given of a motion for the appointment 
 of a special committee composed of leading men of the 
 ministry and opposition to prepare and report lists of 
 members to compose the select standing committees 
 ordered by the Honse.^ This committee is appointed in 
 due form,^ and reports the standing committees without 
 delay* The report is generally allowed to be upon the 
 table for one or two days, so that the members may have 
 an opportunity of examining the lists in the votes, and of 
 suggesting any changes or corrections that may appear 
 necessary. But it is necessary frequently to move concur- 
 rence immediately in the report " so far as it relates to 
 the select standing committee on standing orders,"'" in 
 ' order that no time may be lost in the consideration of 
 petitions for private bills, which can be received only 
 within a limited period after the commencement of the 
 session." When the House has had an opportunity of 
 considering the lists, the report will be formally adopted ;" 
 but it is not usual to appoint these committees until the 
 address in answer to the speech has been agreed to. It 
 is the practice to make special motions with reference to 
 the joint committees on the printing and the library, of 
 parliament. Messages are sent to inform the Senate that 
 the Commons have appointed certain members of the 
 
 ' Can. Com. J. (1867-8), 5 ; (1878), 14 ; lb- (1890), 6. 
 
 ■' V. and P. (1877), 6; lb. (1878), 14, etc. 
 
 ' Can. Com. J. (1878), 24; lb. (1890), 12. 
 
 ' lb. (1877), 23; lb. (1878), 28; lb. (1890), 13. 
 
 5 lb. (1877), 25 ; lb. (1878), 28; Ih. (1879), 23 ; lb. (1890), 14. 
 
 '^ Chapter xx. on private bills, s. 4. 
 
 ' Can. Com. J. (1878), 36; lb. (1890), 17. In 1886 additions were made 
 to the committees as originally reported, by moving amendments to the 
 motion for concurrence in the report of nominating committee ; 76. 18. 
 
SELECT COMMITTEES. 495 
 
 House to form a part of such committees. When similar 
 messages have been received from the Senate, these joint 
 committees are able to organize and take up the business 
 before them.^ Though the committee on the library is 
 not ordered — as is the case with that on printing — in the 
 resolution providing for the formation of standing com- 
 mittees, yet it falls practically within the same category, 
 and is generally appointed at the same time.^ 
 
 The titles of the several standing committees of the 
 House sufficiently indicate their respective functions. 
 Some of these committees are very large, the number of 
 members on railways, canals and telegraph lines having 
 been 166 in 1890 ; on banking and commerce, 110 ; on 
 agriculture and colonization, 98 ; on miscellaneous private 
 bills, *74. The number on the other committees, vary from 
 •30 to 42. Before 1883, the committee on public accounts 
 was composed of 9*7 members ; but in that year the num- 
 ber was reduced to 45 as an experiment. In 1890 it con- 
 sisted of 5*7 members. It has been suggested that public 
 business might be largely forwarded by the extension of 
 the principle of reduction with reference to other com- 
 mittees.^ 
 
 m. Select or Special Committees.— In addition to the standing 
 committees, there are certain select or special committees 
 appointed in the two Houses in the course of a session. 
 The term, select committee, is properly applied to a com- 
 mittee appointed to consider a particular subject. For 
 instance, in the session of 1883, select committees were 
 appointed in the Commons on interprovincial trade, on 
 
 1 Can. Com. J. (1878), 41 ; lb. (1890), 15, 18, 19. 
 
 2 lb. (1877), 25, 28 ; lb. (1878), 29, 36 ; lb. (1879), 23 ; lb. (1890) 14. 
 
 ' See remarks of Sir John Macdonald and Mr. Blake ; Hans- (1883),36-7. 
 In the English House the committee on public accounts, established by 
 S. O. (No. Ixxvii.) since 3rd of April, 1862 (amended 28th of March, 1870,) 
 consists of only 11 members, of whom 5 are a quorum. 
 
496 COMMITTEES. 
 
 the question of communication between the main-land 
 and Prince Edward Island, and on the criminal law. In 
 the same session several bills of a special character were 
 referred by the Senate to select committees.^ 
 
 In the Senate there is no rule, as in the Commons, 
 limiting the number of senators who may sit on a select 
 committee. When a committee is appointed in the Senate 
 it is usual to ask in the motion for power to send for per- 
 sons, papers, and records, to examine witnesses on oath,to 
 report from time to time, or other powers that may be 
 necessary.^ If it is necessary to refer minutes or evidence 
 taken before a committee of the previous session, the mo- 
 tion should be to that effect.^ Notice should properly be 
 given of all motions for select committees ; ^ but it is not 
 the invariable practice in the Senate to include in the mo- 
 tion the names of the members, which may be given by 
 consent of the House when the motion is duly proposed." 
 But no doubt it is the more convenient and regular course 
 to include the names in the notice of motion.^ It is usual 
 for the mover of a select committee to be one of its mem- 
 bers. Eule 96 provides : 
 
 " Every senator, on whose motion any bill, petition, or ques- 
 tion shall have been referred to a select committee shall, if he so 
 desire, be one of the committee." 
 
 A select committee of the Commons, unlike the stand- 
 ing committees of the same body, is limited to a certain 
 number, except the House should find it advisable to make 
 additions. Rules TS and 79 provide as follows : 
 
 " No select committee may, without leave of the House, consist 
 
 1 Sen. J. (1883), 157, 176. See Sen. and Com. J., under head of com- 
 mittees. 
 
 2 Sen. J. (1878), 59, 63. 
 
 5 lb. (1878), 59 (Canadian Pacific R. E., terminus at Fort William). 
 
 * Min. of P. (1878), 42, 138. 
 
 5 Min. of P. 1878, p. 44 ; Journ. 62. 
 
 "Min. of P. (1878), 138. 
 
NA MED B Y THE B USE. 49 Y 
 
 of more than fifteen membei'S, and the mover may submit the 
 names to form the committee, unless objected to by five mem- 
 bers; if objected to, the House may name the committee in the 
 following manner : each member to name one, and those who 
 have most voices, with the mover, shall form the same ; but it 
 shall be always understood that no member who declares or 
 decides against the principle or substance of a bill, resolution, or 
 matter to be committed, can be nominated of such committee." 
 " Of the number of members appointed to compose a com- 
 mittee, a majority of the same shall be a quorum, unless the House 
 has otherwise ordered." 
 
 By the thirty-first rale it is ordered that two days' 
 notice shall be given of a motion for the appointment of 
 a committee ; but none is necessary in the case of matters 
 affecting the privileges of the Honse.^ It is the regular 
 course to give the names of the committee in the notice 
 of motion, unless it is intended to have it appointed 
 directly by the House.^ The motion should also state 
 whether it is necessary that the committee should report 
 from time to time.' If the committee should report 
 once without having received the power in question, it 
 will be defunct until revived.* In cases where it has 
 been forgotten to ask this power from the House, it is 
 usual for the chairman, or other member, to obtain such 
 power on a special motion." The same remarks apply to 
 sending for persons, papers, and records." Sometimes 
 committees may find it necessary to ask for power " to 
 report evidence from time to time,'"" and "with all con- 
 
 ' 113 E. Com. J. 68 ; 146 E. Hans. (3), 97; 148 Ih. 1855-1867. 
 
 2 V. and P. (1877), 48, 127; Can. Com. J. (1876), 173-4. The English 
 S. 0. directs that one day's notice be given in the votes before the nomi- 
 nation of a select committee. Rules and Orders (Palgrave) No. 327. 
 
 ' Can. Com. J. (1877), 36. 
 
 ♦ lb. (1870), 23, 36, 58. 
 
 * Can. Com. J. (1877), 23. Here it will be seen the motion having been 
 agreed to, the committee on the official reporting of the House immediately 
 brought in their first report 
 
 8 lb. (1873), 61 ; lb. (1882), 122. ' lb. (1873), 137. 
 
 32 
 
498 COMMITTEES. 
 
 venient speed." ' If it be proposed to appoint a larger 
 committee than one of fifteen members, the mover will 
 ask for leave to suspend the rule. ^ — of which motion a 
 notice should properly be giA^en.' Members are frequently- 
 added or substituted in place of others, without a notice 
 being given ; * but objection may properly be taken to 
 this course, and the regular procedure in both Houses is 
 to give previous notice in the votes and minutes of pro- 
 ceedings.'^ The English standing order is much more 
 explicit than the Canadian rule, as respects the appoint- 
 ment of committees ; it is as follows : 
 
 '' Kg select committee shall, without leave obtained of the 
 House, consist of more than fifteen members ; such leave shall 
 not be moved for without notice; and in the case of members 
 proposed to be added or substituted after the first appointment of 
 the committee, the notice shall include the names of the members 
 proposed to be added or substituted." " 
 
 Committees are sometimes appointed directly by the 
 House of Commons, in accordance with rule 79 ; and in 
 such a case the procedure is as follows : The assistant 
 clerk will call out in regular alphabetical order the names 
 of all the members from a printed division list, and each 
 member will immediately reply with the name of the 
 member he votes for. The clerk checks off the votes, and 
 those who receive the highest number will compose the 
 committee. The notice of motion should properly state 
 whether it is proposed to have the committee appointed 
 
 1 Can. Com. J. (1875), 139, 212. 
 
 ^ lb. (1869), 5%; lb. (1870), 117; Jb. (1875), 139; lb. (1883), 128; i6. (18901, 
 205. 
 3 112 E. Com. J. 157; 137 lb. 21 ; May, 450. 
 
 * Sen. J. (1867-8), 115, &c. ; Can. Com. J. (1878), 48, 57, &c. 
 
 * Can. Speak. D. 43 ; Sen. Min.ofP. (1878), 82; 174 E. Hans. (3), 501, 
 1569 ; 227 n>. 1496 ; 239 In. 1192. But it has been ruled that no notice is 
 necessary to substitute one member for another on a committee on a bill 
 under rule 31 ; Can Com. J. (1884), 238. See mpra, 368 for rule 31. 
 
 « S. 0. Ixvii. ; 25th June, 1852, E. Com. J. 
 
MEMBERS EXEMPT FROM SERVING. 499 
 
 in this way ; and then, as soon as the House has agreed 
 to the committee, it will proceed at once to name the 
 same.' In the session of 18*7*7 the House agreed to ap- 
 point a committee of nine members to inquire into the 
 affairs of the Northern Railway Company, but adjourned 
 without nominating the members of the committee. It 
 was then considered necessary to give two days' notice 
 that the premier (Mr. Mackenzie) would move on a parti- 
 cular day that the House name the committee in question ; 
 and it was named accordingly.^ In a previous case it was 
 proposed to refer some matters connected with an election 
 in Charlevoix to the committee on privileges ; but the 
 House adopted an amendment that it should itself appoint 
 the committee, and it was nominated forthwith.* 
 
 By reference to the rule of the Canadian Commons it 
 will be seen that fire members can always object to the 
 mover submitting the names to form a committee. This 
 provision is to be found in the rules of the legislative 
 assembly of Canada, though for many years it required 
 the objection of only one or two members.^ The practice 
 was for the members to take objection under the rule as 
 soon as the question was proposed on the motion for the 
 committee, and the House would at once proceed to name 
 the committee.'^ In 1883 five members rose to object to a 
 committee being named by the premier on the subject of 
 a bill " respecting the sale of intoxicating liquors and the 
 issue of licenses therefor ;" but the speaker called atten- 
 tion to the fact that the motion before the House provided 
 for the suspension of the rule as to the selection of mem- 
 
 ' Can. Com. J. (1873) 137 (Pacific Railway charges). 
 
 ^ Votes (1877) 127 ; Jour. 103, 118. 
 
 " Can. Com. J. (1876) 173-4. The mover was not on the committee. 
 
 * The rule for some years after 1841 contained the words, " if not 
 objected to by the House," and the speaker decided on one occasion that 
 the objection of one member was sufficient to prevent the motion being 
 received; Leg. Ass. J. (1852-3) 127. 
 
 5 Leg. Ass. J. (1854-5) 173. 
 
600 COMMITTEES. 
 
 bers, and consequently decided that the mover had a 
 right to submit the names as in the resolution.^ It is a 
 standing order of the English House of Commons : 
 
 " That every member intending to move for the appointment 
 of a select committee do endeavour to ascertain previously 
 whether each member proposed to be named by him on such 
 committee will give his attendance thereupon." ^ 
 
 It will be seen that the Canadian rule (78) already 
 cited goes much further : 
 
 "It shall always be understood that no member who declares 
 against the principle or substance of a bill, resolution or matter 
 to be committed can be nominated of such committee." 
 
 Members Exempt from Serving. — A question arose in the 
 session of ISTT as to the precise meaning of this rule, 
 when the appointment of a committee on the coal trade 
 was under discussion. The speaker decided that no mem- 
 ber who had expressed himself opposed to the considera- 
 tion of a question ought to be chosen.^ On one occasion, 
 in the session of 1883, the House agreed to suspend the 
 rule, and the consequence was that certain members who 
 had, immediately before the question was put on the 
 motion for the suspension, declared themselves opposed 
 to any consideration of the matter to be referred, were 
 not considered exempt from their obligation to serve on 
 the committee.* 
 
 It appears that the rule in question was always in force 
 in the legislative assemblies of Canada,' and is derived 
 from an ancient English usage, stated in these words : 
 
 1 Can. Com. J. (1883) 128. 
 
 2 S. 0. Ixviii. 
 
 ' Com. on coal and intercolonial trade, Hans. (1877), March 1 and 2. 
 
 * Can. Com. J. (1883), 128 ; Hans. 253-4. The objecting members never 
 took part in the deliberations of the committee which was appointed on 
 the subject of the issue of licenses for the sale of intoxicating liquors — a 
 subject referred to supra, 107 et seq. 
 
 5 Low. Can. J. (1792)124; Leg. Ass. J. (1841) 14, 46. The rule was 
 enforced more than once ; Can. Speak. Dec, 44, 93. 
 
MEMBERS EXEMPT FR OM SER VING. 501 
 
 " Those who speak against the body or substance of a bill 
 or committee or anything proposed in the House, ought 
 not by order of the House to be of the committee for 
 that business.." ' But a member must be totally opposed, 
 and not take simply exceptions to certain particulars of a 
 bill or motion, in order to be excluded from a committee.^ 
 It has also been decided in the Canadian House that a 
 member who opposes merely the appointment of a com- 
 mittee, cannot be considered as coming within the mean- 
 ing of the rule.' 
 
 If a member is desirous on account of illness or ad- 
 vanced age to be excused from attendance on a committee 
 he should ask leave from the House through another 
 member.* Every member of a legislative body is bound to 
 serve on a committee to which he has been duly ap- 
 pointed, unless he can show the House there are con- 
 clusive reasons for his non-attendance.' If a member is 
 not excused and nevertheless persists in refusing to obey 
 the order of the House, he can be adjudged guilty of con- 
 
 ' 2 E. Com. 14; Lex. Pari., 329, 331. 
 
 2 Lex. Pari. 315 ; 6 Grey, 373. It is still an English rule that no mem- 
 bers can be appointed to a committee of conference " unless their opinions 
 " coincide with the objects for which the conference is held." 122 E. Com. 
 J. 438 ; also 1 lb. 350; mpra, 464. 
 
 3 Can. Hans. (1880) 102. 
 * Can. Com. J. (1873), 60. 
 
 ^ It was said by Mr. Speaker Sutton on a proposition to discharge a 
 member from a committee, on the ground that he could not attend, for 
 the purpose of substituting another, " that he could not find any trace of 
 such having been the practice; he did not perceive any member had 
 been left out, except it was by absolute pariiamentary disqualification or 
 physical impossibility of attendance ; as to any other disqualification of 
 attendance, there was, so far as his knowledge extended, no account of 
 any case having arisen." 37 E. Hans. (1) 200-4. Also 43 lb. 1230, 1234 ; 
 81 lb. (3) 1104, 1190 (Lords). A member has been substituted for another 
 in the Canadian Commons on account of the member originally appointed 
 having acted as counsel for the parties interested in the matter before the 
 committee ; Can. Com. J. (1884), 239, 240 ; Hans. 843. Or on account of a 
 member of his family being directly affected by the issue ; Can. Com. J. 
 173 ; Hans. 569. 
 
602 COMMITTEES. 
 
 tempt and committed to the custody of the serjeant/ 
 Following English procedure, members have been ap- 
 pointed to a committee of inquiry, without the power of 
 voting.^ 
 
 IV. ftuorum of Committees in the Commons— Under rule *79 of 
 the Commons a majority of the members of a committee 
 compose a quorum ; but it is now usual, on the appoint- 
 ment of the standing committees, to fix it at a certain 
 number immediately.' An exception, however, is made in 
 the case of the committees on " privileges and elections," 
 and on " railways, canals and telegraph lines," the latter 
 of which is composed of a very large number compared 
 with others. Consequently, there must always be a 
 majority of the members of these committees present 
 before either can proceed to business. Sometimes the 
 chairman or other member of a select committee will move 
 that the House order a reduction in the number of 
 the quorum, in case it is found difficult to obtain a large 
 attendance of the members ; or this may be done on the 
 recommendation of the committee itself.* The quorum of 
 the committee on printing is only reduced on the report 
 of the committee itself, as it is composed of members of 
 both Houses, and can be regularly organized only when 
 the Senate and Commons are informed of the respective 
 members on the part of the two branches of the legisla- 
 ture.° Sometimes the quorum of a select committee will 
 be increased in case of an addition to its numbers.^ The 
 
 1 Case of Smith O'Brien, 101 E. Com. J. 566, 582, 603. Also that of Mr. 
 Hennessy, 115 Ih. 106; 156 E. Hans. (3) 2047. 
 
 ^ Can. Com. J. (1890) 168, 169 ; 91 E. Com. J. 42 ; 113 lb. 68. 
 
 ' Can. Com. J. (1877) 24 ; Ih. (1878) 28. This is English practice; 129 
 E. Com. J, 30, 32, 64. The old practice was for each committee to recom- 
 mend, in its first report, a reduction. Can. Com. J. (1867-8) 28, 29, &c. 
 
 * Can. Com. J. (1867-8) 45, 180, &c. lb. (1874) 126, &c. lb. (1882) 122. 
 
 ° lb. (1877) 55, 59; lb. (1878) 46; this report was not concurred in— an 
 inadvertence on the part of the chairman. Sen. J. (1878) 54. 
 
 "Can. Com. J. (1874)85. 
 
PROCEDURE OF COMMITTEES. 503 
 
 committee on privileges and elections has sometimes re- 
 commended a reduction of its quorum.' 
 
 V. Organization and Procedure of Committees.— "We may now 
 proceed to describe the mode in which the committees 
 are organized. Rule 98 of the Senate and rule V4 of "the 
 House of Commons provide : 
 
 " The clerk shall cause to be affixed in some conspicuous part 
 of the Senate [or Houee] a list of the several standing or select 
 committees.'' 
 
 It is usual for the leader of the government in either 
 House to give the clerk of the House instructions as to 
 the time and place of meeting for the organization of the 
 several standing committees.^ 
 
 In the case of the standing committees of the Commons 
 there are certain clerks whose duties are connected with 
 them especially. For instance, the clerks of standing 
 orders, private bills, public accounts, railways, canals, and 
 telegraph lines, and printing. It is usual for the member, 
 on whose motion a select committee has been nominated, 
 to take the initiative in calling it together, and having it 
 regularly organized ; and this he will do by placing 
 himself immediately in communication with the clerk of 
 the House.' 
 
 The committee having met, and a quorum being pre- 
 sent, the members will proceed to elect a chairman ^ If 
 there is no quorum present this proceeding must be de- 
 ferred until the requisite number are in attendance ; or 
 the organization of the committee may be delayed until 
 another day.' It is the duty of the chairman to preserve 
 order and enforce the rules. Committees are regarded as 
 
 1 Can. Com. J. (1873) 82. ■" Sen. Deb. (1883), 49. 
 
 ' Hep. of Com. on the petition of G. T. Denison, App. No. 7, Can. Com. 
 J., 1867-8. 
 * Can. Com. J. (1873), 276; Ih. 1883, App. No. 2, King's election case. 
 '" May, 454. 
 
504 COMMITTEES. 
 
 portions of the House, limited in their inquiries by the 
 extent of the authority given them ; but governed for the 
 most part in their proceedings by the same rules which 
 prevail in the House, and which continue in full operation 
 in every select committee.^ Every question is determined 
 in a select committee in the same manner as in the House 
 to which it belongs.^ In case a difference of opinion 
 arises as to the choice of a chairman, the procedure of the 
 House with respect to the election of a speaker should be 
 followed. That is to say, according to correct practice, 
 the clerk puts the question and directs the division in 
 the same way as is done on that occasion by the clerk of 
 the House. The name of the member first proposed will 
 be first submitted to the committee, and if the question is 
 decided in the affirmative, then he takes the chair accord- 
 ingly ; but if he is in a minority in the division, then the 
 clerk puts the question on the other motion. In English 
 practice, when no difference of opinion occurs in the ap- 
 pointment of a chairman, the m.ember proposed as chair- 
 man is called to the chair without any question being 
 put.^ Whenever no quorum is present the attention of 
 the chairman should be called to the fact at once by the 
 clerk, and business must be suspended or adjourned.* 
 The names of the members present each day must be 
 entered in the minutes by the clerk, and may be reported 
 to the House on the report of the committee ; ^ but it is 
 
 1 11 E. Hans. (2), 912, 914 ; 32 lb. (3), 501-2-3-4. 
 
 ■^ May, 461. 
 
 ' May, 461. See Mr. Palgrave's Chairman's Handbook, for some inter- 
 esting information on committee procedure, based on the practice of the 
 English House of Commons, and useful to parliamentarians as well as all 
 persons engaged in public business. Also, Rules and Orders (Palgrave) 
 Nos. 325 et seq. 
 
 * English S. 0., 25th June, 1852. 
 
 ^ This is the S.O. of the Lords and Commons ; Lords' J. 25th June, 1852 ; 
 Com. S. 0. Ixxii. See proceedings in King's Co. election case. Can. Com. 
 J. 1883, App. No. 2. 
 
PROCEEDINGS IN COMMITTEE. 505 
 
 usual to do so only when the question is of particular 
 importance, and all the proceedings are reported.^ "When 
 there is no evidence taken, it is usual to make only a 
 general report, giving the opinion or observations of the 
 committee.^ The minutes, however, must be kept in a 
 proper book by the clerks of the different committees in 
 the two houses for reference.^ The name of a member 
 asking a question of a witness should be entered.* 
 
 The rules that govern the conduct of members in the 
 House should govern them when in committee. It is a 
 rule of the Senate (93), that "senators speak uncovered, 
 but may remain seated." "When members of the Commons 
 attend the sittings of a committee, they assume a privilege 
 similar to that exercised in the House, and sit or stand 
 without being uncovered.^ Members of the committee, 
 however, should observe the rules of the House itself, 
 when they address the chair. 
 
 It is also the practice in the Canadian Commons to fol- 
 low the English rule with respect to divisions in a select 
 committee : 
 
 " That ia the event of any division taking place in any select 
 committee, the question proposed, the name of the proposer, and 
 the respective votes thereupon of each member present, be en- 
 tered on the minutes of evidence, or on the minutes of proceedings 
 of the committee (as the case may be), and reported to the House 
 on the report of such committee." ^ 
 
 The standing order of the Lords is verbatim et literatim 
 the same as that of the House of Commons.'^ In the Senate, 
 
 ' Printing K. App. No. 2, 1869 ; Public Accounts E., App. No. 2, 1873; 
 Canada Pacific E. E. Com. Jour. (1873), 275. 
 
 '' Printing E., App. No. 1, 1876. 
 
 ' Sen. Deb. (1883), 474-5 (Mr. Vidal). The Seijate practice is here stated. 
 
 * Infra, 523. Can. Com. J. J 883, App. No. 3. 
 
 ^ May, 461. 
 
 « S. 0. Ixxiii. Can. Com. J. 1869, printing E., App. No. 2, pp. 10-12 ; lb. 
 1870, public accounts. 
 
 ' Eesolution of 7th Dec, 1852. 
 
506 COMMITTEES. 
 
 howeyer, it has not been the invariable practice to record 
 the names in the divisions of committees and report them 
 to the House— the case of the printing committee not 
 being in point, as it is a committee, not of one, but of two 
 Houses. 
 
 This question came up in the Senate during the session 
 of 1878, and there appeared to be considerable difference 
 of opinion whether the rule of the Lords ought not to 
 apply thereafter to the proceedings of their committees/ 
 From an entry made in the journals subsequent to this 
 discussion it will be seen that the names are recorded on 
 a division in a select committee, and ordered to be reported 
 to the Senate/ The journals, however, show a record of 
 divisions only in those select committees to which special 
 matters of inquiry have been referred, and which report 
 their minutes of evidence or proceedings to the House. 
 As it is shown towards the end of this chapter, the ses- 
 sional committees on bills do not report their proceedings, 
 but only the conclusions to which they have come. 
 
 In cases where there is much evidence to be taken by a 
 committee, it is usual to ask authority from the House to 
 employ a short-hand writer,^ whose remuneration is fixed 
 in the Commons at the rate of $5 for each sitting of the 
 committee, and 30 cents per folio of 100 words." ^ 
 
 Committees should be regularly adjourned from day to 
 day, though in the case of select committees particularly, 
 the chairman is frequently allowed to arrange the day 
 and hour of sitting, but this can be done only with the 
 consent of all the members of the committee.^ Commit- 
 
 ' Sen. Deb. (1878) 413. 
 
 ^ Com. on Can. Pac. R. R., 1st May, 1878 ; Jour. 254. See also remarks 
 of Mr. Miller, Sen. Hans. (1883), 476. The names were recorded and 
 reported in the case of the committee on the Palen contract in 1875 • 
 Jour. p. 221. 
 
 ' Can. Com. J. (1877), 117 ; lb. (1878), 109. Sen. J. (1883), 85. 
 
 *Can. Com. J. (1874), 201. 
 
 "• May, 464; 205 E. Hans. (3) 685. 
 
TIME OF SITTING. 50*7 
 
 tees are not permitted to sit and transact business during 
 the session of the House. It is a rule of the English House 
 of Commons : 
 
 " That the serjeant-at-arms attending the House do, from time 
 to time, when the House is going to prayers, give notice thereof 
 to all committees; and that all proceedings of committees, after 
 such notice, be declared to be null and void, unless such com- 
 mittees be otherwise empowered to sit after prayers." ^ 
 
 If it is necessary that a committee meet while the House 
 is sitting in the afternoon or evening, leave must be ob- 
 tained for it to sit until such hour as may be agreed 
 upon.^ 
 
 In the Canadian House of Commons, committees fre- 
 quently sit on Saturday.' Committees of the Senate 
 sometimes sit on the same day, and it was formerly the 
 practice to move for leave to do so.* The point was at last 
 properly raised whether such motion for leave is not un- 
 necessary, since the Lords have a rule which permits 
 select committees "to sit, notwithstanding any adjourn- 
 ment of the House, without special leave." ^ As the Senate 
 draws its precedents from the Lords in unprovided cases. 
 
 1 June 25, 1852; 19 E. Hans. (3) 381. In 1879 Mr. Speaker Brand quoted 
 the following passage from a manuscript book prepared by Mr. Speaker 
 Abbot in 1805: "On the appearance of the mace at a committee, the 
 committee is dissolved. But it is usual and convenient first to inform 
 the committee that the speaker intends or threatens to send the mace if 
 they do not come ; and for the messenger, when the mace is coming, to 
 inform the committee of it that they may adjourn and not be dissolved.'' 
 Mr. Brand added that whilst he had, on the previous day, followed a 
 course founded on the practice set forth in the foregoing paragraph, yet 
 he had no authority to compel the attendance of members who are 
 serving on committees ; 245 E. Hans. (3) 1499-51. 
 
 ^ 129 E. Com. J. 122, &c. May, 463. Can. Com. J. 1891, July 9. 
 
 ' In the English Commons committees cannot meet on Saturday, unless 
 the House is sitting on that day. Leave must be given by the House. 
 May, 464 ; Pari. Beg. (63), 613. Rules and Orders (Palgrave) No. 339. 
 
 * Sen. J. (1877), 190. 
 
 5 May, 448- 
 
508 COMMITTEES. 
 
 the speaker has decided that a motion for special leave to 
 sit on Saturday is unnecessary.' 
 
 Sometimes a committee is authorized by the House to 
 adjourn from " place to place as may be found expedient," ^ 
 or to meet at a particular place,^ but no committee can sit 
 after a prorogation. A memorable case in point occurred 
 in the session of 18*73 in the Canadian Commons. It was 
 moved that a select committee be appointed to inquire 
 into certain matters relating to the Canadian Pacific Rail- 
 way, and that it have power, " if need be, to sit after the 
 prorogation." The resolution was agreed to, but members 
 had serious doubts whether a committee could sit as pro- 
 posed. It having been admitted by all parties after fur- 
 ther consideration that the House could give no such 
 power to a committee, it was arranged that the House 
 should adjourn to such a day beyond the 2nd of July, as 
 would enable the committee to complete the investigation 
 and to frame a report." The date eventually determined 
 upon was the 13th of August, when parliament was pro- 
 rogued, but circumstances arose to prevent the committee 
 making a report to the House.* 
 
 It is the rule of the Lords that in their committees the 
 chairman votes like any other peer ; and if the members 
 be equal on a division, the question is negatived {semper 
 prcBSumitur pro negante)!' It is the rule of the English 
 Commons that the chairman of a select committee " can 
 only vote when there is an equality of voices." ° The 
 practice of the English Houses prevails in the Senate and 
 
 'Sen. Deb. (1878), 520; lb. (1882), 128 (Senators Dickey and Miller). 
 
 ^ 107 E. Com. J. 279 ; 111 lb. 318 ; Romilly, 304, n. 
 
 '' Can. Com. J. (1873) 294 (Pacific R. R. Com.). 
 
 * See statement of Lord Duflferin on this question in the Can. Com. J, 
 1873 (2d sess.), 15 et seq. Also Can. Com. J. (1873 1st sess.), 137, 275, 
 287, 294. 368. Supra, 288, as to effect of prorogation on committees 
 and proceedings generally. 
 
 5 May, 461. See Cashing, p. 118. 
 
 5 91 E. Com. J. 214. 
 
DIVISIONS. 509 
 
 Commons. The same rules, in fact, obtain with respect 
 to divisions in committees as in the House itself.^ On 
 one occasion since 1867, the Commons ordered that all 
 questions should be decided by a majority of the voices, 
 including the voice of the chairman, who was not, in 
 that case, to have a second or casting vote.^ In the com- 
 mittees of both Houses on private bills, however, the 
 chairman can always vote, and has a second or casting 
 vote when the voices are equal.^ 
 
 In the Senate committees no persons except senators 
 are allowed to be present. Their rules are as follows : 
 
 94. "Senators, though not of the committee, are not excluded 
 from coming in and speaking ; but they must not vote ; they sit 
 behind those that are of the committee." * 
 
 95. "No other persons, unless commanded to attend, are to 
 enter at any meeting of a committee, or at any conference." ^ 
 
 Strangers are permitted to be present during the sit- 
 tings of a committee of the Commons, but they may be 
 excluded at any time ; and it is the invariable practice for 
 them to withdraw when the committee is discussing a 
 particular point of order, or deliberating on its report.^ 
 Members of the Commons may be present during the pro- 
 ceedings of their committees, and a committee has no 
 power of itself to exclude any member at any stage of its 
 proceedings. Sir Erskine May, after citing a number of 
 precedents on this point, comes to this conclusion : " These 
 precedents leave no doubt that members cannot be ex- 
 cluded from a committee room by the authority of the 
 committee ; and that if there should be a desire on the 
 
 1 Sen. J. (1875), 221 ; lb. (1878), 254. Can. Com. J. (1870), public 
 accounts, App. No. 2; lb. (1873), 278 ; here there was a tie, and the chair- 
 man voted. 
 
 " Can. Pacific E. R. Com. (1873), 430. 
 
 ^ Sen. E. 65 ; Com. E. 62. See chapter xx., s. 8. 
 
 * See Lords' S. 0. No. 43. 
 
 ^ Same practice in Lords, S. O. 44. 
 
 « Can. Com. J. (1869), App. 8, p. 4 ; 247 E. Hans. (3), 1957-8. 
 
510 COMMITTEES. 
 
 part of the committee that members should not be present 
 at their proceedings, where there is reason to apprehend 
 opposition, they should apply to the House for orders 
 similar to those already noticed. At the same time, it 
 cannot fail to be observed that such applications have 
 not been very favourably entertained by the House." ^ 
 Consequently the House will at times appoint secret 
 committees which will conduct their proceedings with 
 closed doors.'^ Such committees are often chosen by bal- 
 lot in the English Parliament.^ It has been decided that 
 " a member who is not a member of the committee has 
 no right whatever to attend for the purpose of addressing 
 the committee, or of putting questions to witnesses, or 
 interfering in any way in the proceedings." * 
 
 When counsel are required in cases involving the in- 
 terests, conduct or character of individuals, petitions ask- 
 ing permission to employ such counsel have been referred, 
 and counsel ordered.'^ 
 
 It is a clear and indisputable principle of parliamentary 
 law that a committee is bound by, and is not at liberty 
 to depart from, the order of reference.'^ This principle is 
 essential to the regular despatch of business ; for, if it 
 were admitted that what the House entertained, in one 
 
 ' Page 460. 1 E. Com. J. 849; 38 lb. 870; 66 lb. 6; 67 lb. 17; 247 E. 
 Hans. (3), 1958. 
 
 2 53 Lords' J. 115 ; 92 E. Com. J. 26 ; 99 lb. 461 ; 112 lb. 94 ; 96 E. 
 Hans. (8), 987, 1056. 
 
 3 67 E. Com. J. 492 ; 74 26. 64. 51 Lords' J. 438 ; 37 E. Hans. (1), 155 ; 
 Cushing, p. 733. In the session of 1873, Canadian Commons, the com- 
 mittee appointed to inquire into certain charges brought by Mr. Hunt- 
 ington, relative to the Pacific R. R., reported a resolution that the pro- 
 ceedings should be secret (Jour. p. 275). But the chairman did not press 
 the resolution out of deference to the wishes of the government (P. Deb. 
 146), and it was subsequently rescinded by the committee itself (Jour. 
 294). 
 
 * 73 E. Hans. (3), 725-6 ; Cushing, p. 745. 
 
 ^ May, 465 ; 77 E. Com. J. 405. 
 
 « May, 446. Pari. Reg. (22), 258 ; 190 E. Hans. (3), 1869. 
 
ORDER OF REFERENCE. 611 
 
 instance, and referred to a committee, was so far con- 
 trollable by that committee, that it was at liberty to dis- 
 obey the order of reference, all business would be at an 
 end ; and, as often as circumstances would afford a pre- 
 tence, the proceedings of the House would be involved 
 in endless confusion and contests with itself/ Conse- 
 quently if a bill be referred to a select committee it will 
 not be competent for that committee to go beyond the 
 subject-matter of its provisions.^ If it be found necessary 
 to extend the inquiry, authority must be obtained from 
 the House in the shape of a special instruction. Such an 
 instruction may extend or limit an inquiry, as the House 
 may deem expedient.^ Sometimes when a committee 
 requires special information it will report to the House a 
 request for the necessary papers, which will be referred 
 to it forthwith.* The committee can obtain directly from 
 the officers of a department such papers as the House 
 itself may order ; but in case the papers can be brought 
 down only by address, it is necessary to make a motion 
 on the subject in the House through the chairman. "When 
 the papers have been received by the House, they will be 
 at once referred to the committee. Orders in council are 
 asked for in this way.'* It is at times found necessary 
 to discharge the order for a committee and appoint an- 
 other with a different order of reference.'' In case a com- 
 
 1 Gushing, p. 741. 12 Pari. Eeg. 382. 
 
 2 190 E. Hans. (3), 1869. 
 
 3 101 B. Com. J. 636 ; 105 lb. 497 ; 121 Ih. 107 ; 190 E. Hans. (3), 1870. 
 Can. Com. J. (1867-8), 33, 157; Tb. (1870), 116; lb. (1871), 34; lb. (1873), 
 186 : lb. (1888), 88. 
 
 * Can. Com. .T. (1875), 176 (public accounts). See remarks of Sir A. 
 MacNab. Leg. Ass., June 7th, 1856 {Qlobe report). 
 
 ^ Can. Com. J. (1883), 90-92, 95. Previous to this year the correct prac- 
 tice was not generally followed. See lb. (1885), 97 (Mr. Eykert), 183. 
 
 " Conventual establishments, 18th May, 1854. This case " presents 
 examples of every conceivable obstacle that can be opposed to the nom- 
 ination of a committee after its appointment ; " May, 456. Also con- 
 ventual and monastic institutions, 1870. 
 
512 COMMITTEES. 
 
 mittee requires its evidence to be printed for its own use 
 in the course of an inquiry, its chairman should apply to 
 the joint committee on printing, who will duly order it.^ 
 Sometimes a committee may have to obtain leave from 
 the House to make a special report, when its order of 
 reference is limited in its scope.^ 
 
 VI. Reports of Committees.— When a committee has gone 
 through the business referred to it, the duty of preparing 
 a report is devolved upon one of the members, usually the 
 chairman, by whom it is prepared accordingly, and sub- 
 mitted to the committee for its consideration. The report 
 of a committee, both in its form and as to its substance, 
 ought to correspond with the authority of the committee.^ 
 As a rule, draft reports should be submitted like resolutions 
 in the House itself, and amendments proposed thereto in 
 the ordinary mode.* If the business of a committee 
 involves an inquiry of fact, it should report the facts, or 
 the evidence ; if the opinion of the committee is required 
 it should be expressed in the form of resolutions," Yery 
 frequently when a number of questions are before a 
 committee, resolutions relative to each are proposed separ- 
 ately, and amendments submitted, and when a decision 
 has been arrived at, the report is adopted and ordered to 
 be reported to the House, with the minutes of evidence 
 and proceedings.^ Sometimes the minutes of evidence and 
 proceedings are simply reported to the House, without any 
 observations or opinions on the part of the committee.'' It 
 must, however, always be remembered that the report 
 submitted to the House is that of the majority of the com- 
 
 ' Sen. J. (1884), 129 ; Can. Com. J. (1884), 202. 
 
 2 Ih. (1890), 205, 305. See chap, xviii., s. 11. 
 
 3 60 Pari. Eeg. 391, 395, 396. . * May, 467. 
 5 12 E. Com. J. 687. 
 
 " Can. Com. J. 1870, public accounts, App. No. 2, pp. 12-32 ; lb. 1874 
 App. No. 9, p. 144; lb. 1878, App. No. 1, p. 51. 
 ' lb. 1870, 4th E, of public accounts ; lb. 1878, 3rd R. App. No. 1. 
 
SUB-COMMITTEES. 613 
 
 mittee. No signatures should be affixed to a report for the 
 purpose of showing any division of opinion in the com- 
 mittee ; nor can it be accompanied by any counter-state- 
 ment or protest from the minority/ as such a report is as 
 unknown to Canadian as to English practice. When the 
 chairman signs a report it is only by way of authenti- 
 cation. In 1879, a report of a dissenting member was 
 brought in and appeared in the Azotes, but attention hav- 
 ing been called to the irregularity of the proceeding, this 
 minority report was ordered not to be entered on the jour- 
 nals.^ The rule with respect to such matters, however, 
 has been more than once practically evaded by permitting 
 a minority report to appear in the appendix to the report 
 of the committee ; but such a paper of course can only be 
 added in this way with the consent of the Commons 
 House as a part of their proceedings.' 
 
 It has also been customary to report the proceedings 
 of sub-committees to the House. The practice of re- 
 ferring matters to a sub-committee who report thereon to 
 the committee has largely obtained for years in the 
 Canadian Parliament, and has frequently been found very 
 convenient in cases demanding special inquiry and 
 investigation, which could not be as well done by the 
 larger body. The sub-committee, however, cannot report 
 directly to the House, but only to the committee from 
 which it obtains its authority, and it is for the latter to 
 order as it may think proper with respect to the report of 
 this sub -committee.'' Such a report has sometimes been 
 submitted to the House by the committee as its own 
 
 1 See Palgrave, Chairman's Handbook, 91. Also • a decision of Mr. 
 Speaker Wurtele in Quebec Assembly, 1st of April, 1885. 
 
 ^ Kiver Trent Navigation and Canal Works, Votes, 511-12. By some 
 error of a' clerk this minority report nevertheless appears in the journals. 
 
 ^ Can. Com. J. 1874, public accounts, App. No. 9, p. 144. See debate in 
 the legislative assembly, June 7th, 1856 (Olobe). 
 
 * Can. Com. J. 1880, App. No. 2, E, on printing ; Sen, J. App. No. 1. 
 33 
 
514 COMMITTEES. 
 
 report.^ These sub-committees have undoubtedly been 
 found exceedingly useful in the consideration of private 
 bills. It is now a common practice of the large com- 
 mittees — the committee on railways, canals and telegraph 
 lines for instance, — to refer certain bills to a few members 
 who have special qualifications for this duty, and are 
 better able to study and perfect the various details of the 
 measures. In this way there is a practical approach to 
 the small select committees, to which, in the English 
 House of Commons, the different classes of private bills 
 are always referred.^ 
 
 If there is a division of opinion as to the report first 
 submitted for consideration, another report may be pro- 
 posed by way of amendment, and the sense of the com- 
 mittee taken thereon.^ If a committee, being equally 
 divided in opinion, finds itself unable to determine the 
 matter referred to it, it may send the matter back for the 
 determination of the House.* The report of a committee 
 is, of course, supposed to be prepared and drawn up by 
 the committee or some of its members, and not by any 
 other person; but whether it is so or not is entirely im- 
 material, provided the report receives the sanction of the 
 committee, and is presented by its order, and it is alone 
 held responsible for it by the House.^ Every report must 
 be regularly signed by the chairman.^ In regard to 
 clerical form — a matter by no means unimportant — a 
 report should be clearly and legibly written with ink and 
 not in pencil, and without any material erasures or inter- 
 lineations. If presented in a foul state, the House will 
 
 1 Can. Com. J. 1875, public accounts, 4th R., App. No. 2 ; lb. 1878, 
 printing, 7th R., App. No. 3; lb. 1882, public accounts, 2nd E., App. No. 1. 
 
 '' Can. Hans. (1883), 37 (Sir John Macdonald). 
 
 ^ Sen. J. (1875), 220 ; Can. Com. J. 1877, public accounts, App. No. 2 ; 
 lb. 1878, public accounts, first report, App. No. 1. 
 
 MHatsell, 192, n. 
 
 5 22 E. Hans. (3), 712. 
 
 " Can. Com. J. (1878), App. 1 to 5. Sen. J. (1878), 271 ; App. No. 4, &c. 
 
REPORTS. 515 
 
 order it to be re-committed or withdrawn, in order that it 
 may be written out in a proper manner.^ 
 
 Until a committee report, it is irregular to refer to its 
 proceedings in debate in the House. For instance, in the 
 session of 18*73, Mr. Huntington was proceeding to refer 
 to certain papers and letters relative to an important mat- 
 ter tinder the consideration of a select committee ; but the 
 speaker decided in accordance with English precedents 
 that they could not be read in the House.^ Neither can 
 a committee report the evidence taken before a similar 
 committee in a previous session, except as a paper in the 
 appendix, unless it receives authority from the House to 
 consider it.'^ To place a committee in possession of all in- 
 formation necessary for inquiry, the House will order that 
 reports and papers of a previous session be referred to the 
 committee.* It is a breach of privilege to publish the 
 proceedings of a committee before they are formally re- 
 ported to the House.^ If the evidence taken by a commit- 
 tee has not been reported to the House, it may be ordered 
 to be laid before it." As soon as the evidence is before 
 the House it may be debated at length, but members will 
 not be permitted to discuss the conduct or language of 
 members on the committee, except so far as it appears on 
 the record.' 
 
 It is not unusual for a select committee to report to the 
 House certain papers which are necessary for the informa- 
 
 1 17 E. Hans. (1), 1-10. Such a difficulty has never arisen in the Cana- 
 dian Houses, aa it is the duty of the clerk of the committee to write out 
 the report legibly. 
 
 2 Can. Com. J. (1873), 349 (Pacifln railway inquiry). See 159 E. Hans. 
 (3), 814; 189 Ih. 604; 193 Ih. 1124, 1125; 223 lb. 789, 793, 1134. 
 
 ' Can. Com. J. (1874), 282 (Agricultural Com.). Here the committee 
 embodied in its report the substance of the information obtained in a 
 previous session. 
 
 * 107 E. Com. J. 177 ; 129 lb. 129, 237- Sen. J. (1878) 59. 
 
 '" Can. Hans. (1875), 864 ; Sen. Deb. (1878), 61 ; supra, 241, 242. 
 
 « 105 E. Com. J. 637, &c. 
 
 ' Can. Hans. (1878), 2267, 2268, debate on contracts ; Cushing, p. 668. 
 
516 COMMITTEES. 
 
 tion of members on public questions. A member who 
 wishes to obtain such information will take steps to have 
 a motion proposed in the committee to lay the papers 
 before the House.^ "Whenever evidence is taken before a 
 committee it should be reported in the shape of an appen- 
 dix to the report.^ All reports of committees of the House 
 appear in the appendices to the journals ; but if it is 
 wished to print them for distribution, the matter must be 
 brought before the committee on printing, and on its re- 
 port it will be so ordered.'' Sometimes the printing com- 
 mittee will recommend the printing of the report alone, 
 or of the report and part of the evidence.* 
 
 Though it is the practice, whenever necessary, to report 
 the minutes of proceedings of the select committees of the 
 House of Commons, it seems that the same usage does not 
 obtain in the Senate. In the case of a bill respecting the 
 Grand Trunk Railway, reported in 1883 from the commit- 
 tee on railways, canals and harbours, some of the mem- 
 bers of the committee requested the chairman to submit 
 the minutes of proceedings to the House. No such course, 
 however, was taken, as there was no special motion made 
 in the committee, and the chairman, on inquiry, found 
 that it had been the practice of the sessional committees 
 on private bills to report not their minutes of proceedings 
 in full, but only the general results arrived at, though it 
 was admitted a different practice prevailed with respect 
 to divorce bills, and certain matters referred to select or 
 
 1 Can. Com. J. J877, first and second Rep. of Public Accounts, Com. App. 
 No. 2. 
 
 ^ Reports on salt interests and depression in trade, App. Nos. 2 and 3, 
 1876 ; public accounts, App. No. 1, 1S78. 
 
 ^ Can. Com. J. (1876), report on salt interests, 282, 296. 
 
 * Agricultural Com. (1876), 296. The report of the committee relative to 
 ■ Judge Loranger was omitted in the appendix of 1877 through a misap- 
 prehension of the report of the printing committee, Jour. 111. In the 
 session of 1 869 a report relative to Judge Lafontaine was omitted on the 
 report of the committee ; 1869, p. 272 and App. No. 5. 
 
PRESENTATION OF REPORTS. 51*7 
 
 special committees/ in which cases evidence was taken 
 and facts brought out that it was advisable to lay before 
 the House. The diflB.culty in the case in question appears 
 to have been the absence of a motion regularly proposed 
 and put in the committee. As clearly stated by one of the 
 members at the time of the discussion in the Senate, if it 
 was considered desirable on any occasion to depart from 
 the general practice of the House, it could be done in two 
 ways : First, by instruction to the committee from the 
 Senate ; and secondly by the action of the committee 
 itself^ The rules of the House of Lords provide for the 
 report of minutes of proceedings.^ 
 
 VII. Presentation of Reports.— "When a report of a select 
 committee is ready to be submitted to the Senate, the 
 chairman presents it from his place, and in case of bills 
 being amended in committee "he is to explain to the 
 Senate the effect of each amendment." * It was formerly 
 the practice for other members of the committee to stand 
 up when the chairman presented his report ; ^ but when 
 the rules were revised in 18'76 the practice was discon- 
 tinued. It is usual for the chairman to move, after he 
 has presented his report, that it be taken into considera- 
 tion on a future day,*^ on the orders of which it will 
 accordingly appear.' When the order is reached the 
 report is considered, and the report may be taken up 
 paragraph by paragraph, if it contains several recom- 
 mendations, and each separately concurred in, negatived, 
 or amended.^ 
 
 ' Sen. J. (1875), 219 (Palen contract) ; Ih, (1878), 249 (Pacific R. R.). 
 ' Sen. Hans. (1883), 474-82 (remarks of Senators Miller and Vidal). 
 ' Supra, 505. 
 * E. 97. 
 
 » No. 94 in rules of 1867-8 ; Sen. Deb. (1874), 140-1. 
 " Sen. J. (1867-8), 131; lb. (1878), 211; lb. (1882), 45; Min. of P. (1882), 
 Feb. 23rd. 
 'Min. of P. (1867-8), 161. 
 "Sen. J. (1867-8), 93. 
 
518 COMMITTEES. 
 
 Eule 80 of the House of Commons provides : 
 
 " Eeports from standing and select committees may be made 
 by members standing in their places, without proceeding to the 
 bar of the House.'' 
 
 When the speaker has called for reports of committees, 
 during the progress of routine business (R. 19), the chair- 
 man, or, in his absence, a member of the committee, will 
 rise in his place, and having briefly stated the nature of 
 the report, will send it to the table, where it is read by 
 one of the assistant clerks. If it is long, the House gen- 
 erally dispenses with the reading, as all reports are printed 
 in the votes and proceedings, or in other convenient form, 
 for the information of members, as soon as they are laid 
 before the House.' The reports should be in English and 
 French, like all other proceedings of the two Houses.^ A 
 member will not be permitted, in presenting a report, to 
 make any remarks on the subject-matter ; he can only 
 properly do so on a motion in reference to the report.' 
 
 vni. Concurrence in Reports.— It is the practice to move 
 concurrence in the reports of committees in certain cases. 
 For instance, the reports on printing are invariably agreed 
 to, as they contain recommendations for the printing and 
 distribution of documents, which must be duly author- 
 ized by the .House. * Also reports containing certain 
 opinions or resolutions are frequently concurred in on 
 motion.^ But when the report does not contain any reso- 
 lution or other propositions for the consideration of the 
 House, it does not appear that any further proceedings 
 with reference to it, as a report, are necessary. It remains 
 
 ^ V. & P. 1877 and 1878. Reports on immigration and colonization. 
 
 ^ This question was raised in the Senate in 1867-8, and the spealjer 
 decided that the reports should be in the two languages ; Sen. J. 224. 
 
 ' Can. Hans. 1878, April 26, Public Accounts Eep. 
 
 * Printing K. 1878, Jour. pp. 88, 226, 255, &c. 
 
 ^ Can. Com. J. (1869), 264 ; lb. 1877 ; public ace, secret service fund, 256, 
 264. ; lb. 1891, Aug. 19. 
 
CONCURRENCE IN REPORTS. 519 
 
 in the possession and on the journals of the House as a 
 basis or ground for such further proceedings as may be 
 proper or necessary. Every session, select committees 
 make reports of this description, containing a statement 
 of the facts, or of the evidence on the subject of inquiry ; 
 but as they do not contain any proposition which can be 
 agreed to by the House, they are simply printed for the 
 iuformation of members.^ 
 
 Many motions for concurrence in reports of select com- 
 mittees are brought up without notice and allowed to 
 pass hf unanimous consent.^ But in all cases objection 
 may be taken, and it is the regular course to give notice.* 
 This is consequently always done when there is an ob- 
 jection taken by one or more members to the adoption of 
 a report, and a debate is likely to arise on its subject- 
 matter.* The reports of the committees relative to private 
 bills are not concurred in, as they are regulated by special 
 standing orders. Sometimes, however, when one of these 
 committees has made a special recommendation requiring 
 the authority of the House to give it effect, the concur- 
 rence of the House will be formally asked and given.' 
 It is allowable to move an amendment, to add words as a 
 condition to a motion for concurrence in a report.'^ A 
 report has been sometimes adopted only in part. ^ 
 
 ' Report of Com. on salt interests and financial depression in 1876 ' 
 public accounts, coal trade, civil service in 1877. Eeport of Committee 
 on Agriculture and Colonisation, 1888, 1889, 1890. 
 
 2 Can. Com. J. (1877), 59, 100, &c. ; lb. (1878), 88, 226, &c. 
 
 ^ Can. Jour. (1880), 364 ; Ih. (1886), 1239. 
 
 * V. & P. 1869 ; 6 Rep. of printing com., recommending acceptance of 
 certain tenders. Mr. Mackenzie gave notice of motion for its adoption on 
 same day it was presented (162). Huron and Ontario ship canal (pp. 
 227-231) ; railways, canals and telegraphs, 3 E. (161, 162), 1876. Printing 
 C. 4 E., respecting form of Votes and P. (164, 219), 1876. 
 
 '" Can. Com. J. (1869). Railways, canals, and telegraph lines, 4 Eep. 
 174. This report recommended a payment of money out of the contingent 
 eypenses of the House. 
 
 « Can. Com. J. (1880), 372. ' 16. (1884), 285, 421. 
 
520 COMMITTEES. 
 
 A report may be referred back to a committee for fur- 
 ther consideration/ or with instructions to amend the 
 same in any respect.^ In this way a committee may 
 regularly reconsider and even reverse a decision it had 
 previously arrived at. As the rules of the House govern 
 the procedure of committees generally, a committee can- 
 not renew a question on which its judgment has been 
 already expressed.* For instance, we recognize the opera- 
 tion of this rule in the fact that in committee on a bill a 
 new clause or amendment will not be allowed, in contra- 
 vention of a previous decision.* It has been ruled in the 
 English House that when a select committee has resolved 
 that the preamble of a pri\rate bill has not been proved, 
 and ordered the chairman to report, it is not competent 
 for the committee to reconsider and reverse its decision, 
 but that the bill should be re-committed for that purpose.^ 
 Consequently the correct procedure in all analogous cases 
 is for the House to give the committee instructions which 
 will enable it to consider the whole question again. 
 
 IX. Witnesses before Select Committees.— Many witnesses are 
 examined in the course of every session before commit- 
 tees of the Senate and House of Commons. It has already 
 been stated in the first part of this chapter that it is usual 
 in both Houses to give committees special authority to 
 send for witnesses or documentary evidence. ^ 
 
 1 Sen. J. (1867-8), 222; Can. Com. J. (1883j, 116, 236; lb. (1884), 298. 
 
 ^ Sen. J. (1879), 170; Can. Com. J. (1884), 285. In 1867-8 the printing 
 committee to whom the question of reporting the debates of the House 
 had been referred, reported that they had decided, on a division, to defer 
 the matter till a future meeting. It was then moved and agreed that the 
 question be referred back, with instructions to present a plan of report- 
 ing to the House. Com. J. 60. and App. No. 2, fourth report. 
 
 ^ Supra, 400 et seq. 
 
 *211 E. Hans. (3), 137. In 1607, June 4 (1 E. Com. J. 379), it was 
 decided : " Every question by voice in committee biudeth, and cannot be 
 altered by themselves, but by the House it may." 
 
 ^ May, 862-3. 
 
 « Supra, 496, 497. Sen. J. (1878), 37, 59, 62-3 ; Com. J. (1878), 14. 
 
SENA TOES AS WITNESSES. 521 
 
 Witnesses are summoned, in the Commons by an order, 
 signed by the chairman, and they are bound to bring all 
 the papers which the committee may require; but the 
 committee cannot order the production of documents or 
 the summoning of witnesses unless it has the necessary 
 authority from the House " to send for persons, papers 
 and records." In the Senate, as in the Lords, witnesses 
 generally attend on a notice from the clerk of the com- 
 mittee. In case a witness will not attend, application 
 must be made to the House for the necessary power to 
 compel his attendance.^ 
 
 Whenever the evidence of a senator is required before 
 a committee of the Commons, it is usual for the chairman 
 to move in the House that " a message be sent to the 
 
 Senate requeisting their Honours to give leave to , 
 
 one of their members, to attend and give evidence before 
 the select committee," etc. The Senate will consider the 
 message and give the required leave to the senator, " if 
 he thinks fit." ^ If the attendance of a member of the 
 Commons is required before a committee of the Senate, 
 the same procedure|will be followed.' In case the attend- 
 ance of an officer of either House is required, a message 
 will be sent ; but in the message in reply the words " if 
 he thinks fit " are omitted.* The Senate has the follow- 
 ing rule on this subject : 
 
 ] 02. '' When the attendance of a senator, or of any of the 
 oflScers, clerks, or servants of the Senate is desired, to be exam- 
 ined by the Commons, or to appear before any committee 
 
 ' The Lords do not give select committees any special authority to 
 send for witnesses or documentary evidence, but witnesses generally 
 attend on a notice from the clerk of the committee. In case a witness will 
 not attend, application must be made to the House for the necessary 
 power ; May, 448. See Sen. J. and Deb., Aug. 7, and 14, 1891. 
 
 2 Com. J. (1877), 142, 178, 234 ; lb. (1890), 217 ; lb. 1891, July 17. Sen. 
 J. (1877), 129, 163. 
 
 ^ 132 E. Com. J. 99, 261, &c. 
 
 * 103 E. Com. J. 658 ; 113 lb. 255. 
 
522 COMMITTEES. 
 
 thereof, a message is sent by the Commons to request that the 
 Senate will give leave to such senator, officer, clerk, or servant 
 to attend ; and if the Senate doth grant leave to such senator, he 
 may go if he think fit ; but it is not optional for such officer, 
 clerk, or servant to refuse. And without such leave, no senator, 
 officer, clerk, or servant of the Senate shall, on any account, 
 either go down to the House of Commons, or send his answer in 
 writing, or appear by counsel to answer any accusation there, 
 upon penalty of being committed to the Black Eod, or to prison, 
 during the pleasure of the Senate." ' 
 
 In case the eAndence'of a member of the Comm.oiis is 
 required before a committee of that House, it is customary 
 for the chairman to request him to come, and not to 
 address or summon him in the ordinary form. Two reso- 
 lutions of the English House lay down the following rules 
 on this point : 
 
 " That if any member of the House refuse, upon being sent to, 
 to come to give evidence or information as a witness to a com- 
 mittee, the committee ought to acquaint the House therewith, 
 and not summon such member to attend the committee. 
 
 " That if an}' information come before any committee that 
 chargeth any member of the House, the committee ought only to 
 direct that the House be acquainted with the matter of such in- 
 formation without proceeding further thereupon." 
 
 If a witness should refuse to appear on receiving the 
 order of the chairman, his conduct will be reported to 
 the House, and an order immediately made for his 
 attendance at the bar, or before the committee.'^ If he 
 should still refuse to obey, " he may be ordered to be sent 
 
 ' Sen. Hans. (1883), 158. Attention was called on this occasion to the 
 rule by Senator Miller. 
 
 ^ 16th March, 1688; May, 474. For cases of the House ordering the 
 attendance of its members before a committee, see 19 E. Com. J. 403; 97 
 lb. 438, 453, 458. May says there has been no instance of a member 
 persisting in a refusal to give evidence ; but a member has been com- 
 mitted to the custody of the Serjeant that he might be brought before a 
 committee. 21 lb. 851, 852. 97 lb. 449 (precedents). See infra, 523, n. 
 
 '' 91 E. Com. J. 352 ; 112 lb. 263 ; 121 lb. 365 ; 131 lb. 95. 
 
SENATORS AS WITNESSES. 523 
 
 for in custody of the serjeant-at-arms, and the speaker be 
 ordered to issue his warrant accordingly, or he may be 
 declared guilty of a breach of privilege, and ordered to be 
 taken into the custody of the serjeant."^ Similar pro- 
 ceedings are taken when a witness refuses to answer 
 questions. ^ 
 
 Towards the close of the session of 1818, in the Cana- 
 dian House of Commons, a Mr. Sutherland, residing in 
 Manitoba, disobeyed the order of the chairman of the com- 
 mittee of public accounts for his attendance. The com- 
 mittee thereupon unanimously reported the circumstances 
 to the House, with a view that it should at the next 
 session deal with the matter, if it should so deem advis- 
 able ; but no further steps were ever taken in this case.^ 
 
 In the session of 1891 the committee of privileges and 
 elections to whom was referred a very important inquiry, 
 reported that one of the witnesses refused to place under 
 the immediate control of the committee certain docu- 
 ments, which he had produced. His conduct was re- 
 ported to the House, and he was ordered to appear at the 
 Bar. He appeared and was ordered to deliver all ac- 
 counts and papers to the clerk of the House. He com- 
 plied at once with the order, and the committee had 
 consequently full control of the documents in question.^ 
 
 The practice of the Senate and House of Commons^ with 
 respect to entering the name of the member asking ques- 
 tions of a witness is in accordance with the following 
 
 ' May, 0. 15. 95 E. Com. J. 59 ; 106 lb. 48, 150. Mirror of P. (1840), 720. 
 
 " 88 E. Com. J. 212, 218 ; Gushing, p. 385. See case of Mr. McGreevy, a 
 member, ordered into custody ; Can. Com. J., Aug, 12, 13, 18, and 20,1891. 
 
 -' Public accounts, 2 E., 218 ; App. No. 1, 100- 
 
 * See Can. Com. J. and Hans., June 5,16 and 1 7. The proceedings of this 
 committee (to whom was referred an investigation into matters relating 
 to the Quebec Harbour Works) give numerous examples of the powers 
 and duties of committees of parliament. 
 
 ^ Com. on financial depression, 1876, App, Xo- 3, Can. Com. J- ; Com. 
 on immigration, 1878, App. No 2, Can. Com. J. 
 
524 COMMITTEES. 
 
 order of the English House, though the practice is not 
 strictly followed in the upper House ; ^ 
 
 " That to every question asked of a witness under examinatioa 
 in the proceedings of any select committee there be affixed in the 
 minutes of evidence the name of the member [or lord] asking 
 such question." * 
 
 When the evidence has been taken down in long or short 
 hand, it must be read by the witness, but he is then per- 
 mitted to make verbal alterations only. Should he wish 
 to make any material corrections he must be re-examined 
 before the committee. The alterations must be in his own 
 handwriting, or made by another person at his own dic- 
 tation.^ The committee clerk has charge of all the evi- 
 dence and papers before the committee. If it is found 
 desirable to print the evidence before a committee, the 
 chairman may make amotion on the subject in the House.* 
 The signing of evidence, taken in short-hand, is not es- 
 sential, and may be dispensed with.® 
 
 X. Payment of Witnesses.— By a rule common to the Senate 
 and Commons," the clerk of either House is instructed 
 to pay every witness summoned to appear before a com- 
 mittee a reasonable sum for his attendance (to be deter- 
 mined in the Commons by the speaker), and also for 
 travelling expenses, upon the certificate or order of the 
 chairman of the committee ; but no witness shall be so 
 summoned and paid unless a certificate shall have been 
 first filed with the chairman of the committee by a mem- 
 ber thereof (or of the Senate), stating that the evidence of 
 such witness is, in his opinion, material and important ; 
 and no witness residing at the seat of government shall 
 
 ' Divorce trial, 1876, App. No. 1 ; Canadian Pacific E. E., App. No. 4 
 1878 ; Fort Francis Lock Com., App. No. 5, 1878. 
 " Lords' J., 25th June, 1852 ; E. Com. S. 0. Ixxi. 
 ' May, 465. 12 E. Hans. (1), 515 ; Gushing, pp. 391-2. 
 ■» Can. Com. J. (1877), 132, 141 ; Can. Hans. (1877) 685, 686- Supra, 348. 
 5 Can. Com. J., Aug. 19, 1891. " Sen. E. 99 ; Com. R. 81. 
 
WITNESSES UNDER OATH. 525 
 
 be paid for his attendance. Under this rule it is the 
 practice to pay witnesses their travelling and hotel ex- 
 penses, but nothing is necessarily allowed for loss of time, 
 even in the case of professional men.^ Printed forms are 
 provided under the rule and certified by the clerk before 
 payment is made by the accountant. No witness who 
 comes as a witness at the solicitation of parties interested 
 in a private bill is paid by the House. The rule- only 
 applies to those persons who are present in cases of public 
 inquiry. 
 
 XI. Examination of "Witnesses under Oath.— It is only within 
 a very recent period that the House of Commons has 
 enjoyed the right of administering oaths to witnesses. 
 Indeed it was not until 18Y1 that an act was passed in the 
 English Parliament ^ giving the same power to the Com- 
 mons that had been exercised by the Lords for centuries.' 
 Prior to the confederation of the British North American 
 provinces, the committees of either branch of the legis- 
 lature had no power to examine witnesses on oath, several 
 attempts to pass such a law having failed ; * but in the 
 session of 186'7-8 an act was passed empowering the com- 
 mittee on any private bill, iii either house of parliament, 
 to examine witnesses upon oath, to be administered by 
 the chairman or any member of the committee. The same 
 act gave the power to the Senate of administering oaths 
 to witnesses at the bar.' 
 
 In IS^S a very important committee was appointed to 
 
 ^ The expenses of select committees, in some years, have been very 
 large. By a return laid on the table in 1878 (Sess. P. 34), it appears the 
 total expenses were in 1874— $6,757 ; and in 1877— $6,425. In England 
 no witness residing in or near London is allowed any expenses, except 
 under some special circumstances of service to the committee. In Eng- 
 land, professional Jiien are allowed a fixed remuneration for every day or 
 part of a day that they are necessarily kept from home ; May, 487. 
 
 2 Imp. Stat. 34 & 35 Vict. c. 83. 
 
 2 May, 480. 
 
 * Todd's private bill practice, 68-9. ' 31 Vict. c. 24, Dom. Stat. 
 
526 COMMITTEES. 
 
 inquire into certain matters connected with the contem- 
 plated construction of the Canadian Pacific Railway ; and 
 it was felt very desirable that all the witnesses should be 
 examined on oath before that committee. The committee 
 made a report representing that " in their opinion, it was 
 advisable to introduce a bill into the House," giving the 
 necessary authority ; and this course was subsequently 
 followed.^ In the meantime the Commons instructed the 
 committee to examine witnesses on oath, in view of the 
 passage of the bill.^ Doubts were expressed in both 
 Houses as to the competency of the Canadian parliament 
 to pass such a bill at that time,' and these doubts were 
 verified by subsequent events. 
 
 The law officers of the Crown iu England, to whom the 
 act of 1873 was referred, reported that it was ultra vires of 
 the colonial legislature " as being contrary to the express 
 terms of section 18 of the British North America Act,186'7, 
 and that the Canadian parliament could not vest in them- 
 selves the power to administer oaths, that being a power 
 which the House of Commons did not possess in ISGT, 
 when the Imperial Act was passed." ^ The act of 18^3 was 
 accordingly disallowed,'^ and the doubts expressed by emi- 
 nent Canadian authorities were fully verified. In the same 
 despatch, it was declared that the first section of the act of 
 1868,(chap. 24) which gave power to the Senate to examine 
 witnesses on oath at their bar, was also beyond the 
 competence of the parliament of Canada at the time it 
 
 1 Can. Com. J. (1873), 166. Dom. Stat. 36 Vict, c- 1. Another bill on 
 the same subject had been previously introduced by Mr. Fournier,(subse- 
 quently minister of justice), but it was not proceeded with. 
 
 ^ Can. Com. J. (1873) 267. No witnesses were examined for the reasons 
 given further on in the text. 
 
 ' Com. Deb. (1873), 88; Sen. Deb. 142. See Lord DuflFerin's despatch 
 to the Colonial Secretary, Can. Com. J. (1873, Oct. sess.), 5 et seq. In this 
 document the whole matter is explained with great clearness. 
 
 * Can. Com. J. 1873, Oct. sess., p. 10. See s. 18 of B. N. A. Act, 1867. 
 
 ^ Despatch of Lord Kimberley, lb. 11. 
 
WITNESSES UNDER OATH. 527 
 
 passed ; and that though that act had not been disal- 
 lowed, it was void and inoperative as being repugnant 
 to the provisions of the British North America Act, and 
 could not be legally proceeded upon. 
 
 As regards, however, the powers given by the act of 
 1868 to select committees upon private bills, they appeared 
 to the law ofhcers to be unobjectionable, as like powers 
 had, before the passing of the B. N. A. Act, been given to 
 the English House of Commons by 21 and 22 Yict., c. "ZS. 
 
 In accordance with the request of the government of 
 Canada, made sometime ^ in 1875, the British ministry took 
 steps to obtain the passage through parliament of " An 
 act to remove certain doubts with respect to the powers 
 of the parliament of Canada under section 18 of the 
 British North America Act, 1867." This act provides 
 that any act of the Canadian parliament defining the 
 privileges, immunities and powers of the Senate and 
 House of Commons shall not confer any powers exceed- 
 ing those at the passing of such act held and enjoyed by 
 the Commons of England. The second section also pro- 
 vides that the act passed in 1868 (chapter 24), "shall be 
 deemed to be valid, and to have been valid as from the 
 date at which the royal assent was given thereto by the 
 governor-general of the dominion of Canada." ^ 
 
 In the session of 1876 an act was passed by the parlia- 
 ment of Canada giving the necessary powers to the two 
 Houses. The law now provides : 
 
 " Witnesses may be examined upon oath or upon affirmation, 
 if affirmation is allowed by law, at the bar of the Senate, 
 and for that purpose the clerk of the Senate may administer such 
 oath or affirmation to any such witness. 
 
 " Any select committee of the Senate or House of Commons 
 to which any private bill has been referred, by either House 
 
 ' Can. Com. J. (1876), 120; Sess. P. No. 45- 
 
 ^ " The Parliament of Canada Act, 1875 " ; 38-39 Vict. c. 38. See App. 
 C. to this work. 
 
528 COMMITTEES. 
 
 respectively, may examine witnesses upon oath or affirmation, if 
 affirmation is allowed by law, upon matters relating to such bill, 
 and for that purpose the chairman or any member of such com- 
 mittee may administer such oath or affirmation to any such 
 witness. 
 
 " Whenever any witness or witnesses is or are to be examined 
 by any committee of the Senate or House of Commons, and the 
 Senate or House of Commons shall have resolved that it is 
 desirable that such witness or witnesses shall be examined on 
 oath, such witness or witnesses shall be examined upon 
 oath or affirmation, where affirmation is allowed by law, and 
 such oath and affirmation shall be administered by the chairman 
 or any member of any such committee as aforesaid. 
 
 '• Every such oath or affirmation shall be in the following 
 forms A and B respectively: 
 
 " A. The evidence you shall give on this examination shall be 
 the truth, the whole truth, and nothing but the truth. So help 
 you God. 
 
 " B. You do solemnly, sincerely and truly affirm and declare 
 that the evidence you shall give on this examination shall be the 
 truth, the whole truth, and nothing but the truth." ' 
 
 The oath or aifirmation is administered by the chairman 
 or any member of the committee. Any witness giving 
 false evidence is subject to all the pains and penalties of 
 perjury, as fixed by the criminal law. 
 
 Since 18*76, a large number of witnesses have been 
 examined under this statute. The chairman of the com- 
 mittee or other member will move in the House of Com- 
 mons or in the Senate for the requisite authority generally 
 in these words : " That it is desirable [the language of the 
 statute] that any witness to be examined by the committee 
 should be examined on oath or afiirmation, where affirma- 
 tion is allowed by law." ^ In the Senate it is also the 
 
 1 Dom. Stat. 39 Vict. c. 7; Eev. Stat, of Can. c. 11, ss. 20-23. 
 
 ■' Can. Com. J. (1877), 118, 265, 314, 335 ; lb. (1878), 153; lb. (1890), 169 ; 
 Sen. J. (1880), 79. But this form of the motion is not imperative though 
 Mr. Blake urged with force on one of the first occasions such a proceed- 
 
WITNESSES UNDER OATH. 529 
 
 practice to ask the necessary power from the House in the 
 order appointing the committee.^ A joint committee also 
 obtained the same power in ISSO ; and each House on 
 that occasion passed a resolution in accordance with the 
 report recommending an examination under oath.^ 
 
 ing was necessary that it was expedient to follow the words of the statute 
 as closely as possible. Author's notes. 
 
 1 Sen. J. (1877), 207, 216 ; lb. (1878), 59, 63 ; lb. (1879), 108. 
 
 ' Sen. J. (1880), 79; Com. J. Ill, 120. 
 
 34 
 
CHAPTER XVII. 
 
 COMMITTEES OF SUPPLY AND WAYS AND MEANS. 
 
 I. Grants of public money. — II. Mode of signifying the recommendation 
 of the Crown. — III. Consent of the Crown explained. — IV. Committees 
 of supply, and ways and means. — V. Procedure before going into supply. 
 VI. House in committee of supply. — VII. The budget speech. 
 — VIII. Ways and means; imposition of taxes. — IX. Eeports of 
 committees of supply, and ways and means. — X. Tax bills. — XL 
 Appropriation or supply bill. — XII. The bill in the Senate. — XIII. 
 The royal assent. — XIV. Address for a grant of money. — XV. Votes 
 of credit and votes on account. — XVI. Audit of appropriation accounts. 
 
 I. Grants of Public Money.— The rules of the House of 
 Commons of Canada with respect to the expenditure of 
 public money and the imposition of burthens upon the 
 people are strictly in conformity with the practice of its 
 English prototype. All the checks and guards which the 
 wisdom of English parliamentarians has imposed in the 
 course of centuries upon public expenditures now exist in 
 their full force in the parliament of the dominion. The 
 cardinal principle which underlies all parliamentary rules 
 and constitutional provisions with respect to money 
 grants and public taxes is this — whenever burthens are 
 imposed on the people, to give every opportunity for free 
 and frequent discussion, so that parliament may not, by 
 sudden and hasty votes, incur any expenses, or be induced 
 to approve of measures, which may entail heavy and 
 lasting burthens upon the country. Hence it is wisely 
 ordered that the Crown must first come down with a 
 recommendation whenever the government finds it 
 necessary to incur a public expenditure, and that there 
 
RECOMMENDATION OF THE GOVERNOR-QENERAL. 531 
 
 should be full consideration of the matter in committee 
 and in the house, so that no member may be forced to 
 come to a hasty decision, but that every one may have 
 abundant opportunities afforded him of stating his rea- 
 sons for supporting or opposing the proposed grant. ' 
 
 In the old legislatures of Canada, previous to 1840, all 
 applications for pecuniary assistance were addressed 
 directly to the house of assembly, and every governor, 
 especially Lord Sydenham,^ has given his testimony as to 
 the injurious effects of the system. The Union Act of 
 1840 placed the initiation of money votes in the crown, 
 and this wise practice was always strictly followed, up 
 to ISGT, when the new constitution came into force. By 
 the 54th section of the British North America Act, ISGY — 
 which is copied from the clause in the act of 1840 ^ — it is 
 expressly declared : 
 
 " It shall not be lawful for the House of Commons to adopt or 
 pass any vote, resolution, address, or bill for the appropriation of 
 any part of the public revenue, or of any tax or impost, to any 
 pui-pose that has not been first recommended by a message of the 
 governor-general in the session in which such vote, resolution, 
 address or bill is proposed."* 
 
 The standing orders of the English Commons go still 
 further than the foregoing provision, for they also exclude 
 the reception of petitions for " any sum relating to public 
 
 1 3 Hatsell, 176, 182. 
 
 ^ " One of the greatest advantages of the union will be that it will be 
 possible to introduce a new system of legislation, and, above all, a 
 restriction upon the initiation of money votes." Scrope's Life of Lord 
 Sydenham, 172. Also remarks of Mr. Gladstone, infra, 533 n. Lord 
 Durham's E., 109. 
 
 ' See supra, 29. 
 
 * See Can. Hans. (1878), 2157 ; in this case the meaning of the section 
 was clearly explained by Mr. Speaker Anglin. 
 
 5 S. 0. 20th March, 1866 ; mpra, 222. See also Mirror of P., 1857, June 
 15, p. 1888 ; 182 E. Hans. (3), 591-603, where present S. 0. of English 
 House are fully discussed. 
 
532 SVPPL Y AND WA YS AND MEANS. 
 
 The constitutional provision which regulates the pro- 
 cedure of the Canadian House of Oommons in this respect 
 applies not only to motions directly proposing a grant of 
 public money, but also to those which involve such a 
 grant. The Canadian Commons indeed observe the rule 
 respecting such motions, with very great strictness. A 
 member who has not received the permission of the 
 Crown has not been allowed to move the House into 
 committee on a resolution providing for the purchase and 
 exportation by the government of certain depreciated sil- 
 ver coinage then in circulation.^ In 18*71 it was proposed 
 to go into committee on an address to the queen for a 
 change in the Union Act, so as to assign the debt of old 
 Canada to the Dominion entirely, and to compensate Nova 
 Scotia and New Brunswick in connection therewith ; 
 the speaker decided that it was just as necessary to inter- 
 pose the check of a message before adopting an address 
 which may be followed by legislation imposing public 
 burthens, as in the case of a bill or motion within the 
 direct control of the Canadian Parliament.^ 
 
 No cases can be found of any private member in the 
 Canadian Commons receiving the authority of the Crown, 
 through a minister, to propose a motion involving the 
 expenditure of public money. No principle is better 
 understood than the constitutional obligation that rests 
 upon the executive government, of alone initiating mea- 
 sures imposing charges upon the public exchequer. On 
 one occasion, in the English Commons, the" consent of the 
 Crown was given to certain formal resolutions proposed 
 by a private member with reference to charges in courts 
 of law to be defrayed out of the consolidated fund. It 
 was thought, however, that any resolution placing a 
 charge on the consolidated fund should be moved by a 
 minister of the Crown, and should not proceed from the 
 
 1 Mr. Speaker Cockburn, 26th of May, 1869. Can. Speakers' B. No- 159. 
 ^ Ibid No. 181 ; Can. Com. J. (1871), 50. See also lb. 62 and 72. 
 
EESOLUTIONS IN COMMITTED OF THE WHOLE. 533 
 
 opposition ; and the more regular procedure was there- 
 upon carried out. It was distinctly affirmed, however, 
 that the member who proposed the motion involving the 
 charge was within his right when he had the sanction of 
 the Crown, but it was generally admitted at the same 
 time that it was better, as a matter of policy, that the 
 proposition should emanate from a responsible adviser of 
 the sovereign.' 
 
 Another check is imposed on the expenditure of public 
 money by rule 88 of the Commons, which is as follows : 
 
 '' If any motion be made in the House for any public aid or 
 charge upon the people, the consideration and debate thereof 
 may not be presently entered upon, but shall be adjourned until 
 such further day as the House shall think fit to appoint; and 
 then it shall be referred to a committee of the whole House, 
 before any resolution or vote of the House do pass thereon." ' 
 
 This is substantially the standing order of the English 
 Commons — ^the only difference being that the latter is 
 somewhat more definite since it adds the words, " or 
 charge upon the public revenue, whether payable out of 
 the consolidated fund or out of moneys to be provided by 
 parliament." ^ Another rule of the English Commons 
 (which dates back as far as ITO*?) provides that " the 
 House will not proceed upon any petition, motion or bill 
 for granting any money, or for releasing or compounding 
 any sum of money owing to the Crown, but in a com- 
 mittee of the whole House." * 
 
 '■ 187 E. Hans. (3), 1667. Mr. Gladstone said on the occasion of the 
 adoption of the present English S. O. in 1866 : " In Canada before the 
 present constitution was established, the proposals by private members 
 to make grants of public money became so numerous and glaring that a 
 remedy was necessary. The remedy was to adopt this provision — that 
 is to say, the previous recommendation of the Crown." 182 lb. 578. 
 
 ^ Can. Com. J. and Hansard, 1878, April 24 (Mr. Speaker Anglin). This 
 rule was adopted in the Lower Canada Ass., 19tli of April, 1793; Jour- 
 546. See Manitoba Ees., Can. Com. J. (1882), 251, 424. 
 
 ^ S. 0. 20th March, 1866. 
 
 * S. O. 29th March, 1707. See Ees. respecting the town of Cobourg, Can. 
 Com. J. (1886), 181, 206. 
 
534 SUPPLY AND WAYS AND MEANS. 
 
 The foregoing rule of the Canadian Commons is strictly 
 observed ; ^ but it was said with obvious force on one 
 occasion by Mr. Speaker Cockburn that " this rule, being 
 self-imposed, may be enforced or relaxed, as the House 
 shall determine. But the constitutional provision con- 
 tained in the 54th section of the Imperial Act of Union, 
 is one that, being absolutely binding, should be neither 
 extended or restrained by implication, but should at all 
 times be most carefully considered by the House." ^ 
 
 As an illustration of the strictness with which the 
 House observes the practice of requiring much delibera- 
 tion with respect to any matter affecting the public ex- 
 chequer, it may be stated that on the 15th of April, 18*78, 
 it went into committee of the whole on a resolution pro- 
 viding for the subscription of ,£15,000 sterling of first 
 mortgage bonds of the Northern Railway of Canada at 
 the rate of 90 per cent, in satisfaction of the sum of 
 ■£13,500, being the balance remaining due to Canada.^ 
 
 Orders in council respecting subsidies to railways, con- 
 tracts and agreements between the government and com- 
 panies or individuals for certain public services are 
 frequently laid on the table for ratification in due form by 
 the House of Commons.* When such orders and agree- 
 ments are only made in pursuance of authority given to 
 the government by parliament, and are already provided 
 for by appropriations sanctioned by parliament, it is not 
 necessary to go into committee on any resolution on the 
 subject.^ On the 21st of March, 1879, numerous contracts 
 
 1 Can. Com. J. [1876), 67, 83, &c. lb. (1878), 271. 
 
 2 Can. Com. J. (1871), 72. 
 
 "lb. (1878), 170, 178. Also Dundaa & Waterloo Road, lb. (1885), 183; 
 Can. Pacific R. R. lb. (1886), 194, 195, 219, 223. 
 
 * J*. (1875), 219, Canada Central R. R. ; lb. 350, Canadian Pacific R. R. ; 
 lb. (1878), 257-9, Moncton Gas Co. ; lb. 202, 273, Canada Central R. R. 
 
 s Can. Hans. (1880), 782. 165 E. Hans. (3), 1819-26. In 1873 the House 
 went into committee on a provisional contract for the ocean mail service > 
 before introduction of bill. Can. Com. J., 83, 178. 
 
RESOLUTIONS IN COMMITTEE OF THE WHOLE. 535 
 
 for the construction of portions of the Canadian Pacific 
 Eailway, then a government work, were laid on the table. 
 No special motion was made with respect to these con- 
 tracts. The statute under which they were brought down 
 (31 Vict., c. 14, s. 11) simply required that they should lie 
 on the table for thirty days ; if they were not moved 
 against at the end of that time, they were considered to 
 have received the approval of the House.^ 
 
 In 18*73, the government was authorised to enter into 
 negotiations during the recess with some reliable company 
 for the transfer to the same of some of the dominion rail- 
 ways in Nova Scotia on certain conditions subject to the 
 approval of parliament at the next session. This resolu- 
 tion was adopted without previous reference to a com- 
 mittee of the whole ; ^ but it is to be noted that the subject 
 had been previously considered in the same session on a 
 motion for the House to go into committee on a similar 
 resolution.^ In the session of 18*74, the House went into 
 committee and adopted certain resolutions in accordance 
 with the resolution of 1873 ; and a bill was subsequently 
 introduced and passed.* Following the precedent of 18*73, 
 Mr. Mackenzie, when premier, proposed in the session of 
 18*78, that the House should adopt a resolution authorising 
 the government to enter into an arrangement with the 
 G-rand Trunk Railway during the recess for acquiring 
 control of the River du Loup branch of that road — any 
 such arrangement to be subject to ratification by parlia- 
 
 ' Can. Hans. (1879), 825. See supra, 473, as to laying contracts and 
 agreements before the Senate. The practice of submitting contracts for 
 the ratification of parliament is new in this country ; in England, it is 
 now regulated by standing orders. Todd's Pari. Govt, in England, i. 
 490-493 ; 194 E. Hans. 1287-89. 
 
 2 Can. Com. J. (1873). 430. 
 
 " lb. (1873), 224; Pari. Deb., 28th of April. The first motion in 1873 had 
 not been proceeded with when it was understood that the government 
 would take the question up. 
 
 * Can. Com. J. (1874) 273, 299, 300. 
 
536 SUPPLY AND WAYS AND MEANS. 
 
 ment at the next session. The propriety of the procedure 
 was called in question. It was said in reply that as the 
 resolution was merely "tentative," it was not necessary 
 to go into committee of the whole. But Sir John 
 Macdonald, Mr. Holton, and Mr. Blake pointed out the 
 necessity of considering with the fullest deliberation all 
 propositions which may involve an appropriation of the 
 public moneys. The speaker took a similar view, though 
 he was not called upon to give any decision, as Mr. 
 Mackenzie did not press the matter in the face of the 
 sentiment that prevailed in the House.^ No doubt what- 
 ever exists that it is the most convenient and correct 
 practice to consider all such propositions in a committee 
 of the whole, so that the House may not be surprised into 
 a hasty decision on the subject. 
 
 A practice has grown up in the House of allowing the 
 introduction of resolutions by private members, when 
 they do not directly involve the expenditure of public 
 money, but simply express an abstract opinion on a mat- 
 ter which may necessitate a future grant.^ As this is a 
 question not always understood, it may be explained that 
 such resolutions, being framed in general terms, do not 
 bind the House to future legislation on the subject, and 
 are merely intended to point out to the government the 
 importance and necessity of such expenditure. 
 
 By way of illustrating the form of such resolutions, the 
 following precedents are taken from the journals of the 
 English Commons : 
 
 1. " That it is expedient her Majesty's government, or parlia- 
 ment, should take steps to inquire how best adequate open spaces 
 in the vicinity of our increasing populous towns, as public works, 
 
 1 Can. Hans. (1878) 2002-2005. 
 
 2 Can. Com. J., (1869), 236 ; lb. (1874), 214 ; Can. Hans. (1877), 396 ; 
 Can. Com. J. (1885) 128 (compensation to brewers, &c.) ; lb. 256 (pay- 
 ment of full indemnity to members engaged in the North- West on mili- 
 tary service); lb. (1886) 54 (indemnity to members); lb. (1888), 241 
 (claims of volunteers in N. W. T.). 
 
ABSTRACT PROPOSITIONS. SSY 
 
 and places of exercise and recreation, may be provided and 
 secured, and to encourage and direct efforts by private subscrip- 
 tions, voluntary I'ates, or public grants, to carry out sucb 
 objects." ' 
 
 2. " That in the opinion of this House the Board of Trade, or 
 department of the government, having the control and manage- 
 ment of the moneys belonging to the mercantile, marine, and 
 seamen's funds, should be empowered by parliament to give to 
 these sailors' homes (not in the neighbourhood of the dockyard) 
 such pecuniary assistance as, in its judgment, and at its discretion, 
 it may be deemed advisable." '•' 
 
 3. " No bill can be a sal isfactory solution of the question unless 
 it includes provisions enabling the court, to hear all claims by 
 land owners for compensation for losses pi-oved to have been sus- 
 tained under the provisions of the bill, and, on sufficient proof 
 thereof, to award reasonable compensation."^ 
 
 4. " That having regard to the Admiralty Act of last session, 
 by virtue of which an entirely new jurisdiction has been conferred 
 upon certain county courts, and to the Bankruptcy Bill, under 
 which the district county courts will take the place and perform 
 the functions of the district bankruptcy courts, and with a view 
 to secure efficiency in the office of county court judge, in the 
 opinion of this House it is expedient that the judges upon whom 
 the new duties and responsibilities may be imposed, should 
 receive an additional remuneration of £3,000 a year." ^ 
 
 The last of the foregoing motions shows to what extent 
 such abstract propositions may go ; but it was perfectly 
 in accordance with parliamentary rules, since the fact of 
 its adoption by the House would not have authorized an 
 expenditure of public money, though it might have been 
 considered a sufficient reason by the government for 
 bringing down a resolution on the subject with the con- 
 sent of the sovereign, and obtaining a vote of money in 
 
 ' 115 E. Com. J., 246. 
 ■' 118 lb., 181. 
 
 ' See ruling of Mr. Sp. Brand, 261 E. Hans. (3) 1370, 1371. Also 137 E. 
 Com. J., 409, 415-416. 
 * 124 lb. 289. 
 
538 SUPPLY AND WAYS AND MEANS. 
 
 accordance with the prescribed forms. Eeferring to this 
 right of members to move such abstract resolutions, all 
 authorities agi'ee that it is one " which the House exercises, 
 and should always exercise with very great reserve, and 
 only under peculiar and exceptional circumstances." Such 
 resolutions are considered virtually " an evasion of the 
 rules of the House, and are on that account objectionable, 
 and should be discouraged as much as possible." ^ Never- 
 theless the English House of Commons has never agreed 
 to the adoption of a rule to fetter its discretion in regard 
 to the entertaining of such propositions. 
 
 It may sometimes happen that the government is wil- 
 ling to allow the reference of a matter which may sub- 
 sequently involve a public expenditure to a select com- 
 mittee of the House of Commons for the purpose of elicit- 
 ing all the facts in the case. A motion, framed in general 
 terms, may be proposed, without directly asserting that 
 any grant of money is required — in other words, one of 
 those abstract motions to which reference has just been 
 made.^ Two precedents in point may be given : 
 
 " In 1876, the papers relative to a cl.aitn of Mr. Ambrose Shea, 
 in connection with the Intercolonial Eaiiway, were laid on the 
 table, and subsequently, with the consent of the premier, sent to 
 a committee which decided that he had a just claim for compen- 
 sation.'^ In 1875, a petition from Alexander Yuill, with respect 
 to certain losses alleged to have been sustained by him in con- 
 nection with a decision of the dominion arbitrators, was referred, 
 with the consent of the government, to a select committee, which 
 
 1 May, 655 ; Todd's Pari. Govt, in England, i. 411, 700 ; 170 E. Hans. 
 (3), 677. It has been ruled in the Canadian House that it is not regular 
 to move to go into committee of the whole on an abstract resolution. Mr. 
 Frechette having proposed to take this course in 1878, in the case of a 
 motion on the winter navigation of the St. Lawrence, was allowed to 
 amend it. V. & P. Feb. 26th and March 20th, 1878 ; Can. Hans. 1290. 
 
 2 See Todd, i. 703 et seq. for cases in point; 124 E. Hans, (3), 841 ; 174 
 lb. 1460. 
 
 » Can. Com. J. (1876), 72, 73, 98, 122. 
 
GOVERNOR-GENERAL'S RECOMMENDATION. 539 
 
 reported all the facts, and expressed the hope that redress would 
 be granted to the petitioner." ' 
 
 In the foregoing, as in other cases, the government con- 
 sented to the appointment of the committee. Just as an 
 abstract resolution may be regularly proposed, so the 
 report of a select committee which does not directly re- 
 commend or involve a public expenditure may be received 
 by the House.^ 
 
 n. Governor-General's Recommendation.— The recommenda- 
 tion of the Crown to any resolution involving a payment 
 out of the dominion treasury must be formally given by 
 a privy councillor in his place at the very initiation of a 
 proceeding, in accordance with the express terms of the 
 54th section of the British North America Act, 1861, and 
 in conformity with the invariable practice of the English 
 House of Commons.^ The statement should be made as 
 soon as the motion has been proposed for the House to go 
 into committee on the resolution. The following is the 
 entry made in the journals on such an occasion : 
 
 " Sir John A. Macdonald, a member of the queen's privy coun- 
 cil, then acquainted the House that his excellency, the governor- 
 general, having been informed of the subject-matter of this 
 motion, recommends it to the consideration of the House." * 
 
 ' Can. Com. J. (1875), 127, 226, 303. See 3 Hatsell, 243, on such cases. 
 Also speaker's decision (No. 189) that a claim for damages might be 
 referred to a select committee ; Jour. (1871), 254. Also claim of James 
 King ; lb. (1888), 187. 
 
 2 Todd, i. 705 (case of Baron de Bode); 166 E. Hans. (3), 710; Can- 
 Hans. (1877), 396. 
 
 ' See Can. Hans., 24th of April, 1878, when Mr. Speaker Anglin fully 
 explained the meaning of the 54th section of the union act. The recom- 
 mendation has been given in cases of a bounty on pig-iron, Can. Com. J. 
 (1886), 341 ; of land subsidies ; Ih. (1889), 319, 374 ; of commutation of 
 debt due to Crown ; lb., 320. 
 
 * Can. Com. J. (1873), 205 ; lb. (1877), 93, 94, 164, &o.; lb. (1879), 51, 158, 
 252, 365, 366, 415. In the journals of 1873 the governor-general's recom- 
 mendation is signified to a resolution relative to customs duties in the 
 Northwest, through a misapprehension of the meaning of the section 
 
540 SUPPLY AND WAYS AND MEANS. 
 
 The recommendation may be given by any minister of 
 the Grown, according to English usage ; but in Canada it 
 is usually done by the premier or leader of the government 
 in the House. The English practice, and necessarily the 
 most convenient one, is to give the necessary recommenda- 
 tion through the minister directing the department in 
 charge of the particular matter before the House.^ 
 
 Though the recommendation of the governor-general 
 cannot be formally given in the Senate to a motion 
 involving money, — since such matters must originate in 
 the Commons — yet that House has a standing order 
 which forbids the passage of any bill which, from 
 information received, has not received the constitutional 
 recommendation. 
 
 47. " The Senate will not proceed upon a bill appropriating 
 public money, that shall not, within the knowledge of the Senate, 
 have been recommended by the queen's representative.'' 
 
 III. Consent of the Crown explained.— A misapprehension has 
 sometimes arisen as to the time when the " consent " of 
 the Crown should be given to a bill. The procedure with 
 respect to signifying the consent is different from that in 
 giving the recommendation of the Crown. The recom- 
 mendation precedes every grant of money ; the consent 
 may be given at any stage before final passage, and is 
 always necessary in matters involving the rights of the 
 Crown, its patronage, its property, or its prerogatives.^ 
 This consent of the Crown may be given either by a 
 special message, or by a verbal intimation from a minister 
 — the last being the usual procedure in such cases. The 
 
 which refers only to the "appropriation of a tax or impost," and not to 
 the "imposition " of the same. See a debate in the House (Can. Hans., 
 1878, p. 2155), when a learned lawyer, now a judge of a high court in the 
 dominion, gravely argued that the recommendation should be given under 
 the law to the imposition of taxes. 
 
 1 129 E. Com. J. 14, 29, 30, 32, &c. 
 
 '' May, b06 ; Todd, ii. 366 ; 243 E. Hans. (3), 211. 
 
CONSENT OF TBS CROWN. 541 
 
 intimation of the consent does not mean that the Crown 
 " gives its approbation to the substance of the measure, 
 but merely that the sovereign consents to remove an 
 obstacle to the progress of the bill, so that it may be con- 
 sidered by both Houses, and ultimately submitted for the 
 royal assent."^ In any case where a private member 
 wishes to obtain the consent of the Crown, he may ask 
 the House to agree to an address for leave to proceed 
 thereon, before the introduction of the bill.^ The consent 
 should be properly given before the committal of thebijl,^ 
 but, according to the practice of the English House, it is 
 not generally given before the third reading.^ A bill may 
 be permitted to proceed to the very last stage without 
 receiving the royal assent, but when it is not given 
 before the motion for the final passage, it must be 
 dropped." If the introducer of a bill finds from state- 
 ments of a minister that the royal assent will be with- 
 held, he has no other alternative open to him except to 
 withdraw the measure.^ If the royal assent is not given 
 at the last stage, the speaker will refuse to put the ques- 
 tion/ If a bill, requiring the royal consent, should be 
 permitted to pass all its stages through some inadvert- 
 ence, attention will be called immediately to the "fact in 
 the House, and the proceedings declared null and void."* 
 The consent of the governor-general, as representative 
 of the Crown, is generally signified in the Canadian Com- 
 mons on the motion for the second reading, though cases 
 will be found of its having been given at other stages. 
 
 1 191 E. Hans. 1445; 192 lb. 732 ; Established Church (Ireland) bill. 
 
 ' Mr. Gladstone, 191 E. Hans. (3), 1898-9. 
 
 ' Church Reform (Ireland) bill; Mirror of P., (1833), 1627, 1733. 
 
 * Mr. Speaker Denison ; Peerage of Ireland bill, 191 E. Hans. (3) l.')64. 
 "■ Mr. Gathorne Hardy ; 191 E. Hans. (3), 1564 ; May, 508. 
 
 " 76 E. Hans. (3), 591 ; 191 lb., 1564 (Peerage of Ireland bill). 
 ' 121 B. Com. J. 423. 
 
 * Ehyl improvement bill ; Medina River navigation bill, 107 E. Com. J., 
 157. The procedure in such cases isto read the entry in the votes, and to 
 move that the proceedings be null and void. 
 
542 SUPPLY AND WAYS AND MEANS. 
 
 The cases of most frequent occurrence in the Canadian 
 House have been in connection with railways on which 
 the government has had a lien.' In 1871 a committee 
 made a special report on a bill to authorize the Korthern 
 Railway to make arrangements to lease, use and work the 
 lines of other companies, that " as the government held a 
 lien for a large amount upon the railway, their consent 
 should be obtained to the consideration of this bill, before 
 any further proceedings should be held thereon ;" and the 
 necessary assent having been subsequently obtained, the 
 measure became law in due form.^ In the session of 18*79 
 a bill was introduced " to provide for the payment of the 
 defendant's costs in certain actions at the suit of the 
 Crown." The first section provided that the several 
 courts and judges of the different provinces, having con- 
 current jurisdiction with the dominion exchequer court, 
 " shall have power to award and tax costs in favour of 
 and against the Crown as well as against the subject," in 
 certain cases specified by statute. The premier having 
 stated that he was not prepared to give the consent of 
 the Crown to the bill, the mover was compelled to with- 
 draw it. ^ 
 
 1 31 Vict., c. 19. — " An act to amend Grand Trunk R. R. arrangements 
 act (1862), and for other purposes " — a measure involving postponement 
 of a debt due to the Crown. Objection was taken on the third reading of 
 the bill, and the consent then formally given; Jour. 11867-8), 61. Also 
 Great Western R. R. Co. bill, 1870, p. 137, 33 Vict., c. 50. Grand Trunk 
 R. R. Arrangements bill, 9th April, 1873; 36 Vict., c. IS. April 17, 1874. 
 37 Vict., c. 65. Northern R. R. bill, April 11, 1877 ; 40 Vict., c- 57. In 
 1888 the consent was given on third reading of a bill respecting the dis- 
 charge of securities to the Crown ; Can. Com. J., 197. In 1885 the consent 
 of the Crown was formally given to a resolution providing for the appoint- 
 ment of a deputy-speaker, in accordance with English precedent in such 
 cases ; Can. Com. J. 55 ; supra, 210. Also given to Senate amendments 
 affecting interests of the Crown ; lb. (1886), 323. See 101 E. Com. J. 
 892 ; 103 lb. 729 ; 126 lb. 355. 
 
 ^ Can. Com. J. (1871), 135, 160; 34 Vict. c. 45. 
 
 3 Can. Hans. (1879), 1578-1581. 
 
ESTIMATES. 543 
 
 IV. Committees of Supply and Ways and Means— "With these 
 general observations on the rules and usages which con- 
 trol the House in the case of grants of public money, we 
 may now proceed to consider the practice with respect to 
 the committees of supply and ways and means. The 
 principal purpose of the House of Commons, in fact, is the 
 consideration and criticism of the estimates and the taxes 
 required to meet the public expenditures ; ' and the com- 
 mittees in question are the parliamentary machinery by 
 means of which the House chiefly exercises its political 
 and constitutional functions. 
 
 In accordance with law and usage, the governor-general, 
 acting under the advice of his responsible advisers, sends 
 down every session one or more messages to the Commons 
 with the estimates of the sums required for the public 
 service.^ These estimates are considered in committee of 
 supply, and include all the grants that have to be annually 
 voted by parliament. The main estimates appear in a 
 blue book, and comprise, as far as possible, the proposed 
 expenditures for the public service for the next fiscal 
 year, which commences on the 1st July and ends on the 
 30th of June following. But, in addition to these, there 
 is generally a supplementary estimate of sums still 
 required to meet certain expenditures which properly fall 
 within the current year ending on the 30th of June. It is 
 also always necessary to bring down, before the close of 
 the session, one or more supplementary estimates for the 
 coming year in order to provide for services which had 
 been forgotten in the main estimates, or on which a 
 decision had not been reached when the latter were made 
 up. All these estimates are divided into several hundred 
 votes or resolutions, which appropriate specified sums for 
 services specially defined. They are most carefully 
 arranged under separate heads of expenditure, so as to 
 
 1 237 E. Hans. (3), 380. 
 
 2 Can. Com. J. (1879), 77 ; lb. (1883), 146, 299 ; lb. (1890) 43, 225. 
 
544 SUPPLY AND WAYS AND MEANS. 
 
 give the fullest information possible upon all matters con- 
 tained therein. The blue book is made up in several 
 columns ; one showing the amount, if any, voted during 
 the previous year ; another, the amount to be voted for 
 the next year, another (where necessary), the increase or 
 decrease of expenditure for the same service. Each 
 resolution specifies, when necessary, every item on which 
 there is to be a particular expenditure. For instance, under 
 the head of a vote for harbours for a province there will 
 be a number of distinct items for each harbour for which 
 money is required.' When the resolutions are under con- 
 sideration in committee, it is the duty of each minister to 
 explain every vote that appertains to his own department, 
 and in this way the House is able to come to a correct 
 conclusion as to its necessity. 
 
 Besides the grants voted in the estimates there are 
 certain payments which have not to be provided for an- 
 nually, but are defrayed out of the consolidated fund^ in 
 conformity with various statutes.^ These payments com- 
 prise : costs and charges incident to the collection and 
 management of the revenue ; interest of the public debt ; 
 salaries of governor-general, lieutenant-governors, judges, 
 etc. ; loans ; grants to provinces under the Union Act ; 
 and. all other permanent payments. Whenever it is 
 necessary to make any changes with respect to these per- 
 manent grants, they must be introduced in the shape of 
 resolutions in committee of the whole, and bills founded 
 thereon.* The votes in committee of supply are for the 
 
 ' See Sess. P. for 1890, No. 3, for estimates for 1890-91 and supplemen- 
 tary estimates for 1889-90. 
 
 ^ The public revenues from taxes, imposts, loans, or other sources are 
 placed to the account of the consolidated fund, out of which all payments 
 are made by authority of law, either in the shape of permanent grants 
 regulated by statute or annual grants voted in supply. Todd, i. 737, 738. 
 
 3 B. N. A. Act, 1867, s. 102, &c. Can. Stat. 31 Vict. cc. 4, 31, 32 and 33, 
 and other acts passed in subsequent sessions. 
 
 * Bill for the readjustment of salaries and allowance of the ministers of 
 the Crown, &c. Can. Com. J. 1873, pp. 205, 345, 396, 398. 
 
GOING INTO SUPPLY. 545 
 
 service of the fiscal year, and grants intended to continue 
 for a series of years must be passed in the way just stated. 
 For instance,the estimates of 1879 included a vote (No. 120) 
 for a subsidy towards the construction and maintenance 
 of certain telegraph lines ; but, as this was shown to be 
 a permanent grant and not one for the service of the 
 year, it was struck out of the estimates and submitted 
 subsequently in a bill.^ 
 
 The committee of ways and means regulates the mode 
 in which the expenditures authorized by the committee 
 of supply, are to be met. In other words, it provides the 
 revenue or income necessary to pay the expenses of the 
 public service. It is also in this committee that all pro- 
 positions relating to the tariff and the taxation of the 
 country must be considered.^ 
 
 V. Procedure on going into Supply.— As soon as the speaker 
 has communifcated to the House the speech from the 
 throne, the leader of the government will make the formal 
 motion that " the speech of his excellency the governor- 
 general to both houses of the parliament of the dominion 
 of Canada be taken into consideration," immediately, or 
 on a future day.' When the speech has been duly con- 
 sidered and the address in answer formally agreed to, the 
 minister of finance will make the usual motions for the 
 formation of the committees of supply and ways and 
 means. Previous to 18*74, a number of perplexing pre- 
 liminary motions were requisite ; * but at the commence- 
 ment of the session of that year a simple procedure was 
 adopted in accordance with that previously ordered by 
 the English House. The answer to the speech having 
 been agreed to, a minister of the Crown, — always the 
 
 1 Can. Stat. 42 Vict., c. 5. Can. Hans. (1879), 1668 (Mr. Mackenzie) 
 Jour. 367. 
 ' May, 665 ; Todd, i. 791. 
 ^ Can. Com. J. (1878), 14; 131 E. Com. J. 9. 
 * Can. Com. J. (1873), 24, 56, 63, 102. 
 35 
 
546 SUPPLY AND WAYS AND MEANS. 
 
 minister of finance when he is present — will propose the 
 two following resolutions in accordance with the order of 
 1874/ " that the House will, in future, appoint the com- 
 mittees of supply, and of ways and means, at the com- 
 mencement of every session : " 
 
 1. "That this House will on next resolve itself into 
 
 a committee to consider of the supply to be granted to her 
 Majesty. 
 
 2. " That this House will on next resolve itself into 
 
 a committee to consider of the ways and means for raising 
 the supply to be granted to her Majesty." ^ 
 
 Before the House goes actually into committee of supply, 
 the finance minister will bring down the estimates by 
 message from the governor-general, and when the message 
 has been read in English and French by Mr. Speaker, or 
 by a clerk at the table, the minister will move " that the 
 said message together with the estimates accompanying 
 the same be referred to the committee of supply." The 
 order of the day for the House to go into committee of 
 supply having been read, the speaker will put the question 
 — " That I do now leave the chair." ^ The same question is 
 always put whenever the House is to go into committee of 
 supply, in order to afford an opportunity to members to 
 propose amendments. On this point it is observed by an 
 eminent English authority : " The ancient constitutional 
 doctrine that the redress of grievances is to be considered 
 before the granting of supplies, is now represented by the 
 practice of permitting every description of amendment to 
 be moA'^ed on the question for the speaker leaving the 
 
 1 Can. Com. J., 1874, March 31. 
 
 ^ lb. (1876), 55 ; lb. (1878), 24; 131 E. Com. J. 11. 
 
 8 Can. Com. J. (1876), 68 ; 16. (1878), 47; 131 E. Com. J. 39, 47, 51. The 
 time for the meeting of the committee of supply is always proposed by a 
 minister of the Crown; 240 E. Hans. (3), 1663. But a member may move 
 to substitute another day, 240 lb. 1669. A member may not move an 
 instruction to the committee, as they can only consider the estimates 
 submitted by the Crown. Mirror of P. 1828, p. 1972. Todd, i. 753. 
 
GOING INTO SUPPLY. 547 
 
 chair, before going into the committee of supply or'ways 
 and means. Upon other orders of the day, such amend- 
 ments must be relevant ; but here they are permitted to 
 relate to every question upon which any member may 
 desire to offer a motion." ^ The same practice is now 
 followed very extensively in the Canadian Commons'; \but 
 there are certain limitations to this right. Only one 
 amendment can be moved to the question, " that Mr. 
 Speaker do now leave the chair." ^ If that amendment is 
 
 ' May, 660-61. Mirror of P., 1838, vol. 7, p. 5874 ; 110 E. Hans. (3) 861 ; 
 243 16. 1549; Can. Hans. (1878), 1808 (Sir J. A. Macdonald). The right 
 to consider grievances at this stage is one of the first principles of the Bri- 
 tish constitution, 237 E. Hans- (3) 380. But the practice has been much 
 abused in England, and the Commons have more than once considered 
 ■what means can be devised for limiting discussion. The speaker and 
 other high authorities, when examined before the committee of public 
 business in 187S, paid they would absolutely preclude the discussion of 
 any abstract motions, and only allow motions calling into question the 
 conduct of the administration or of some department of the government. 
 Report of Com. July 8, 1878 ; pp. 4, 6, 46, 105, &c. See also an article by 
 Mr. Eaikes, " Nineteenth Century," Nov. 1879. Under the present Eng- 
 lish practice, restraints are imposed upon amendments. See Bules and 
 Orders of the English House (Palgrave), No. 314, for present procedure on 
 amendments and debates on going into committee of supply. 
 
 ^ Can. Com. J. (1876), 88, 114, 129, 191, 213, 233, 237, 291. 
 
 ' 206 E. Hans. (3), 1445- Can. Hans. (1878), 1808-11. This limitation 
 to moving amendments is peculiar to the Canadian Commons, and arose 
 originally from a misunderstanding of a Canadian speaker as to the Eng- 
 lish practice. In the English Commons, when it is moved " that Mr. 
 Speaker do now leave the chair,'' and an amendment is proposed thereto, no 
 other amendment can be submitted until the House decide whether the 
 words proposed to be left out after " That " in the original motion shall 
 stand part of the question." If the House answer in the negative, then 
 an amendment can be proposed to the amendment. In the Canadian 
 Commons, the amendment is moved at once, and there is no reason under 
 their system of proposing questions for applying an English rule arising out 
 of a diflferent procedure of moving amendments. The effect is to impose 
 a restraint upon moving amendments— in fact, the previous question in 
 another form— which does not practically exist in England. Indeed, the 
 practice with respect to moving amendments exists generally of course in 
 England, and might as well be applied to various stages of bills and other 
 proceedings in the Canadian House as on going into committee of supply. 
 
548 SUPPLY AND WAYS AND MEANS. 
 
 negatived, a discussion on other questions may be raised 
 but no other motion can be proposed.^ If the amendment 
 is withdrawn, however, another amendment can be at 
 once submitted to the House.^ It is the practice 
 in the English Commons to give notice of all motions 
 in amendment proposed to be made at this stage ; ^ but 
 this is not the practice in the Canadian House,* though 
 notice is sometimes given of contemplated amendments. 
 1^0 doubt the uniform adoption of the English practice 
 would enable the Commons to approach a subject with 
 more deliberation and information than is possible when 
 a question is suddenly sprung upon the House. 
 
 Members may discuss various questions on the motion 
 for the speaker to leave the chair, without moving any 
 amendments thereto — a great latitude being always 
 allowed on such occasions ; ' but they may not refer 
 specifically to any vote which has passed, or is about to 
 be discussed in committee ; ^ nor to any resolution of the 
 committee of ways and means ; '' nor to any bill or order 
 of the day.^ Neither will a member be permitted to debate 
 
 See 129 E. Com, J. 337; 132 lb. 118 ; 188 lb. 167, 168. 121 E. Hans. (3), 
 761 ; 198 76. (3), 633 ; 245 lb. 908. 
 
 ^ Speaker Smith, Speaker's D., pp. 27, 45, 79 ; Mr. Cockburn, 2nd of May, 
 1873 ; Mr. Anglin, Feb. 29th, 1876 . 170 E. Hans. (3), 690 . 222 lb., 1727 ; 
 225 lb. 1943 ; 239 lb. 16, 22-23. 
 
 ^ 131 E. Com. J., 103 ; 180 E. Hans. 369-427. ' See App. L. 
 
 ' Dr. Tapper's retnarks, Can. Hans. (1878), 2279. Priority has been 
 sometimes given in the English Commons to those who have amend- 
 ments on the paper. See the decision of Mr. Speaker Lefevre, 110 E. 
 Hans. (3) 861. The adjournment of the House may be moved on a mo- 
 tion to go into committee of supply : 240 E. Hans. (3) 1669. 
 
 = May, 662-3. Mr. Langevin, April 29, 1878 ; Mr. McCarthy, Feb. 26, 
 1878 ; 240 E. Hans (3) 759 ; Can. Hans., 1878, Feb. 22, &c. 
 
 " 164 E. Hans. (3)1500; 173 i6. 903; 189 lb. 857; 209 J6. 1327; 218 J6. 
 1869 ; 222 76. 971 ; 253 lb. 924. 
 
 ' May, 663. 174 lb. 1439 ; here a resolution respecting fire insurances 
 was framed so as to avoid the irregularity. 
 
 » 142 lb. 1026 . 221 lb. 720, 795 ; Can. Hans. (1882), 1435. A member 
 may not move at this stage to discharge an order of the day ; 2.31 E. 
 
QOINQ INTO SUPPLY. 549 
 
 a motion of which he has given notice. On the 10th 
 April, 18*76, Mr. Burpee was proceeding to address the 
 House respecting the Bay Verte Canal, but he was stopped 
 by Mr. Speaker, whose attention was directed to the fact 
 that he had given notice of a motion on the same subject. 
 This ruling is in strict accordance with the practice of the 
 English Commons.^ When an amendment has been 
 moved to the question for the speaker to leave the chair, 
 discussion should be properly confined to its subject- 
 matter.^ "When an amendment is negatived, a debate 
 may be raised when the speaker again puts the question, 
 on the general policy of the government, or on some 
 other subject not embraced within the exceptions just 
 mentioned.^ This question arose in the session of 1876. 
 An amendment having been negatived, it was urged by 
 a member that no further debate could take place on the 
 original question ; but Mr. Speaker Anglin observed — 
 " The House has not yet resolved that I leave the chair, 
 and that question is consequently still before the House ; 
 and gentlemen who have not yet spoken are in order, and 
 
 Hans. (3), 301. It is allowable to move for an address to the queen or 
 her representative in this country ; Can. Com. J. (1869), 93, 101. 
 
 ^ 146 E. Hans. (3), 1699-1702. In the session of 1890 Mr. Laurier, on 
 going into committee of supply, proposed a motion similar to one already 
 on the notice paper in Mr. Kirkpatrick's name. The latter waived rais- 
 ing a point of order, on account of the premier having previously arranged 
 to give Mr. Laurier an opportunity of making and speaking to the 
 motion. See Can. Hans. 391. The speaker intimated privately to the 
 author that had the question been raised he would have been obliged to 
 decide against Mr. Laurier in accordance with precedent. 
 
 2 235 E. Hans. (3), 602-623 ; 1330-1358 ; this reference illustrates the 
 practice. See 240 lb. 759 for the speaker's ruling, in which he clearly 
 defines the distinction between a debate on an amendment and one on 
 the motion for the speaker to leave the chair. Also Can. Hans. (1878), 
 892; Ih. (1885), 747-756, where the House discussed the tariff generally 
 and then proceeded to debate a distinct motion on a specific question 
 moved by Mr. Blake. Also 230 E. Hans. (8), 456 ; 232 lb. 834. 
 
 ' 239 lb. 16, 22-3. Blackmore's Speaker's D. (1882;, 11, 200 ; 215 E. Hans. 
 (3) 994, 1739. 
 
550 SUPPLY AND WAYS AND MEANS. 
 
 are permitted to speak on almost every question." ' If an 
 amendment has been carried in the affirmative, then it is 
 the practice not to allow the committee of supply to 
 drop — for that is not the intention in moving amendments 
 at this stage — but to propose the question for the speaker 
 leaving the chair a second time. It will be moved — 
 
 " That the House do on next, resolve itself into 
 
 committee of supply.^ Or, when' it is necessary to pro- 
 ceed at once with the estimates, it will be resolved, "That 
 this House do immediately resolve itself into committee 
 of supply." ^ Mr. Speaker will then again propose the 
 question for his leaving the chair, which is generally 
 agreed to,^ although it is quite legitimate to propose 
 amendments and debate various matters.'^ 
 
 In case it is found inconvenient at any time to go into 
 committee after the motion that the speaker do leave the 
 chair has been put and discussed, the motion may be 
 withdrawn with the consent of the House, and the com- 
 mittee will then be formally fixed for another day.^ 
 
 If the order for the House to go into committee of supply 
 should become " a lapsed order " in consequence of " a 
 count-out," it will be necessary to revive it by giving 
 notice of a motion for that purpose. In ISW the com- 
 mittee in the English Commons lapsed in this way, and 
 the leader of the government subsequently gave notice 
 of a motion to set it up in the usual words — " That this 
 House will on resolve itself," etc.'^ On another 
 
 ' Can. Hans. (1876), 367 ; See 225 E. Hans. (3), 1940- 1955, for an illustra- 
 tion of the extent to which a debate may proceed at this stage. Also 222 
 E. Hans. (3), 1727; 223 lb. 1932; 224 lb. 652; 240 lb. 759; Can. Hans. 
 (1890), 1938-1954. 
 
 2 131 E. Com. J., 193-4 ; Can. Com. J. (1882), 254; lb.. 1891. Aug. 4. 
 
 » Can. Com. J. (1873), 272-3 ; lb. (1890), 182 ; 127 E. Com. J. 96; 129 lb. 
 337. 4 122 E. Com. J. 106. 
 
 5 174 E. Hans. (3), 1960 ; 235 lb. 1350-58. « 123 E. Com. J. 163. 
 
 ' 129 E. Com. J. 294, 299 ; 184 E. Hans. (3), 535 ; 131 E. Com. J. 282-3 ; 
 235 E. Hans. (3), 203 ; 132 E. Com. J., 202, 206. 
 
LAPSED ORDER OF SUPPLY. 551 
 
 occasion the House adjourned whilst a motion for the 
 speaker to leave the chair was under consideration, and 
 it became necessary on the next sitting day to move 
 " That the House do immediately resolve itself, etc." ^ 
 
 VI. In Committee of Supply.— When the House agrees to go 
 into committee of supply, the speaker will call on the 
 chairman of committees,^ appointed since 1885, or, in his 
 absence, on an experienced member, to take the chair of 
 this important committee. The rules that obtain in other 
 committees prevail also in this. Each resolution will be 
 formally proposed from the chair, and amendments may 
 be made thereto. Each member is provided with a 
 printed copy of the estimates, and the chairman reads 
 the vote at length from a written set of resolutions, each 
 of which he signs when it has been duly adopted by the 
 committee. As in other committees, each resolution must 
 be proposed and discussed as a distinct question, and 
 when it has been formally carried, no reference can again 
 be made thereto.' Neither is it regular to discuss any 
 resolution before it has been formally proposed from the 
 chair. Each vote or resolution is necessarily a question 
 in itself to be proposed, amended and put as any motion 
 or bill in the House. Sometimes there are a number of 
 items in a vote or resolution, and then these may be 
 generally discussed as forming part of a single question. 
 Each item may then, if the committee think proper, be 
 taken up as a distinct question, and so discussed and 
 amended. The debate in such a case must be confined 
 
 ' 240 E. Hans. (3), 1086. Also 132 E. Com. J. 119, 120. In 1890 the 
 committee rose and reported, and then it was moved (by general con- 
 sent) to go immediately into committee again that day in order to give 
 Mr. Laurier an opportunity of proposing an amendment, in accordance 
 with an arrangement made between him and the premier; Can. Hans. 
 390,391. See 132 E. Com. J. 119, 120. 
 
 ^ See Supra, 481. 
 
 8 175 E. flans. (3), 1673. 
 
652 SUPPLY AND WAYS AND MEANS. 
 
 to the item, and when it has been disposed of, no refer- 
 ence can again be made to it when the subsequent items 
 are under consideration.^ "When it has been proposed to 
 omit or reduce items in a vote, the question shall be after- 
 wards put upon the original vote, or upon the reduced 
 vote, as the case may be, without amendment. And after 
 a question has been proposed from the chair for a reduc- 
 tion of the whole vote, no motion shall be made for omit- 
 ting or reducing any item.^ 
 
 It is irregular to discuss any matters in committee 
 which are not relevant to the resolution under considera- 
 tion.' It is also out of order to move for the adoption of 
 a general resolution with respect to any particular vote, 
 or for the reference of a particular vote to a select com- 
 mittee.^ Sometimes, when it is not convenient to discuss 
 a resolution it is not proposed from the chair but passed 
 over with general consent until another occasion ; ^ but 
 if it has been regularly proposed from the chair and 
 discussed, no motion for its postponement is regular, be- 
 cause there is no period to which it can be postponed." 
 But the mover of a resolution may, with the consent of 
 the committee, withdraw and submit it again on another 
 day, with or without alteration, and either as a distinct 
 vote, or in separate items.' The committee having only 
 partly considered a resolution may, however, rise and re- 
 port that they had made progress in the matter to them 
 referred, and ask leave to sit again.^ Or they may report 
 
 ' May, 67C. See Can Hans., 1891, July 2. 
 
 2 Ees. of Eng. Com. 9th Feb., 1858, and April 28, 1868 ; 113 E. Com. J. 
 42 ; 123 lb. 145 ; 239 E. Hans. (3), 1763-1775. 
 
 M57 E.Hans. (3), 1851. 
 
 * Mirror of P., 1^31, p. 1826 ; lb. 1831-2, p. 3472. But a select committee 
 may be moved in the House subsequently to inquire into matters con- 
 nected with a particular vote ; 172 E. Hans. (3), 131. 
 
 5 Pacific R. E. rotes, 1877, &c. 
 
 "159 E. Hans. (3), 549; 175 lb. 77. 
 
 ' Mirror of P. 1830, p. 149S; lb. 1840, p. 2867. 
 
 8 128 E. Com. J., 74, &c. 
 
TRE BUDGET. 553 
 
 certain resolutions which they have agreed to, and pro- 
 gress on certain others.^ Sometimes the House will go 
 into committee and immediately rise and report progress 
 without adopting a vote ; ^ but in no case must the com- 
 mittee be allowed to drop by neglecting to move for leave 
 to sit again. The speaker will always put the question, 
 after report of the chairman, " "When shall the committee 
 have leave to sit again ? " It is for the minister of finance, 
 when present, or other member of the government, in his 
 absence, to propose the time when the committee is to 
 resume.^ In case of a message from the governor-general 
 or the deputy-governor, while the committee is sitting, 
 the speaker must resume the chair, and the House proceeds 
 to the Senate. On the return of the speaker, the commit- 
 tee may resume."* 
 
 The committee of supply cannot increase a grant which 
 has been recommended by a message from the governor- 
 general.' It is also irregular to increase any item in a 
 resolution." But any motion to reduce a grant, or to strike 
 it out of the estimates altogether, will be always in order.' 
 The advisability of increasing a grant may, as a matter of 
 course, be discussed so as to inform the government as to 
 the sense of the House on a question.' The ministry alone 
 can move in the matter, and another message will be 
 brought down to increase the grant.' 
 
 VII. The Budget.— It is now competent for the finance 
 minister to move the House into a committee of ways and 
 
 1 129 E. Com. X, 91. 134 ; Can. Com. J., (1876), 238, 239. 
 
 2 129 E. Com. J., 261, 331 ; Can. Com. J. (1877), 324; lb. (1886), 182 ; lb- 
 (1890), 282. 
 
 " See supra, 546, n. 
 
 *Can. Com. J. (1838). 235-237; lb. (1890), 222, 223. 
 
 * 148 E. Hans. (3), 392. ' 173 lb. 1282. 
 
 ' 131 E. Com. J. (1870), 51, 65, 249. 
 
 ^ Todd Pari. Govt, in England, i. 702 note, (Annuity to the Duke of 
 Wellington) ; 27 E. Hans. (3), 831. 
 
 " Mirror of P., 1838, vol. vii., p. 5875. 
 
554 S UPPL Y AND WA YS AND MEA NS. 
 
 means, to consider resolutions respecting the tariff, with- 
 out taking a preliminary vote in supply, as both these 
 committees are now formed at the commencement of the 
 session, and there is no necessity whatever, under modern 
 practice, to pass a vote first in supply in order to lay a 
 foundation, as it were, for the committee of ways and 
 means/ It is usual to make the speech on the " budget " 
 on the motion for the House to go into committee of ways 
 and means since it is there that taxes are increased, 
 repealed, or otherwise amended ; but finance ministers 
 have, at times, found it more convenient to depart from 
 this practice. In the session of 1867-8 Sir John Rose 
 made a financial statement on the motion for the House to 
 go into committee of supply ; and on a subsequent day 
 he proposed to amend the tariff in committee of ways and 
 means. ^ In 1869 he made a financial statement on the 
 motion for the House to go into committee of ways and 
 means.^ 
 
 In 1870 Sir Francis Hincks made his financial statement 
 and developed the fiscal policy of the government in com- 
 mittee of ways and means.* In 1874, Sir Eichard Cart- 
 wright took the same course when he proposed to amend 
 the tariff".'' In 1877 he made his financial statement when 
 the order of the day for ways and means had been read.* 
 In 1878 no change in the tariff being proposed he made 
 
 ' It was the practice in the Canadian Commons until the session of 1883 
 (Jour. 1880-81, pp. 212-13) to take a preliminary vote in committee of sup- 
 ply and to concur in the same, before moving the House into committee 
 of ways and means. This inconvenient and unnecessary procedure was 
 tacitly dropped. 
 
 ■' Pari. Deb. (1867-8), 76, 97- 
 
 ^ lb. (1869), 33. It is the rule of the government to take possession of 
 the telegraph lines as soon as the budget speech commences, and a change 
 in the public taxation is proposed. Pari. Deb. (1874), 24 ; Can. Hans. (1885) 
 3226 (Mr. Bowell, minister of customs). 
 
 ' Pari. Deb. (1870), 916 ; Jour. 1C8. 
 
 ' Pari. Deb. (1874), 24 8 ; Jour. 56. 
 
 « Can. Hans. (1877), 123. 
 
IMPOSITION OF TAXES. 555 
 
 his statement on the motion for the House to go into com- 
 mittee of supply.^ In 18V9 Sir Leonard Tilley proposed 
 a new tariff in ways and means, but in subsequent years, 
 from 1880 to 1891, the statement has been generally made 
 by the finance minister on the motion to go into com- 
 mittee, with the speaker in the chair. It will be under- 
 stood from these precedents that whenever changes are 
 proposed in the tariff, the finance minister will make his 
 statement in committee of ways and means, or, as is now 
 more generally done, on the motion that the House go 
 into that committee ; but that w^hen no alterations are 
 proposed in the fiscal policy of the government, as in 
 18*75, 18*76 and 1878, the statement may be conveniently 
 made on the motion for the House to go into committee 
 of supply.^ It is always usual for a discussion to follow 
 the budget speech ; and much latitude is permitted/* 
 
 Previous to 1888, it was usual to delay the considera- 
 tion of the estimates until the budget was ready, and 
 consequently in some years supply was unnecessarily 
 delayed ; but in that year the more convenient practice 
 was adopted, and has been followed ever since, of going 
 into committee of supply as soon as possible after the 
 commencement of the session, and making considerable 
 progress therein before the annual statement of the finance 
 minister is duly made to parliament. 
 
 VIII. The Imposition of Taxes, and Ways and Means.— It is now 
 a fixed principle of constitutional government that all 
 
 ' Can. Hans. (1878), 427. 
 
 ^ The practice in the English House with respect to the budget is also 
 variable, May, 667. 
 
 ' In 1878 Sir R. Cartwright (finance minister) spoke again after Sir C. 
 Tupper, though strictly he had not the right, as he had moved only an 
 orderof the day. Can. Hans. Feb. 22, 1878. Of late years, as a matter of 
 convenience, the House has gone at once into committee, after the presen- 
 tation of the budget, passed the resolution pro /orma, and then the debate 
 has continued on the reception of the report, the fullest possible discussion 
 being allowed by general consent. See Can. Hans. (1890), 2565, 2566 ; lb. 
 1891, June 23. 
 
556 SUPPLY AND WAYS AND MEANS. 
 
 propositions for the imposition of taxes should emanate 
 from the ministry or should at least receive its indirect 
 sanction.' In the session of 18*71 Mr. Speaker Oockburn' 
 recommended to the House the adoption of the British 
 practice in this particular, and the Commons have ever 
 since acquiesced in its wisdom. As a consequence no 
 private member is now permitted to propose a dominion 
 tax upon the people ; it must proceed from a minister of 
 the Crown, or be in some other form declared to be neces- 
 sary for the public service. A motion or a bill of such a 
 character should properly be introduced by a minister of 
 the Crown. The following precedents will show the 
 strictness with which the House now adheres to this 
 practice : 
 
 "In 1872 a member was not allowed to move the House into 
 committee of the whole to consider certain resolutions imposing 
 a duty on barley, oats, Indian corn and coal.^ A report from a 
 select committee was not received in 1814 because it recom- 
 mended the adoption of a new tariff for British Columbia ; it 
 was withdrawn and subsequently brought up in another form. 
 A motion on a later day to concur in the report was not allowed, 
 on the ground that it asked for the enactment of a special tariff, 
 which could only be done by the government and in a committee 
 of the whole House." * 
 
 If the government approve of any plan of taxation 
 suggested by a private member, it is the constitutional 
 course for them to propose it themselves in the committee 
 of ways and means. This was done in the English House 
 some years ago in the case of a resolution to extend the 
 probate duty upon property above the value of one mil- 
 lion.^ If the government object that a motion imposing 
 
 1 182 E. Hans. (3), 592 ; May, 674 ; Todd, i. 709, 713. 
 ■' Can. Com. J. (1871). 112, 113. 
 
 3 Speak. D., No. 194, 20th of May, 1872. See also No. 162, 14th of June, 
 1869, for a similar ruling. 
 * Can. Com. J. (1874), 141, 216. 
 5 155 E. Hans. (3), 991 ; 114 E. Com. J. 348 ; Todd, i. 711. 
 
IMPOSITION OF TAXES. 5 ST 
 
 a tax is not required by the exigencies of the public ser- 
 vice, the member offering- it should at once withdraw it.^ 
 
 But all the authorities go to show that, when the gov- 
 ernment have formally submitted to the House the ques- 
 tion for the revision of customs and excise duties, it is 
 competent for a member " to propose in committee to 
 substitute another tax of equivalent amount for that pro- 
 posed by ministers, the necessity of new taxation to a 
 given extent being declared on behalf of the Orown.^ It 
 is also competent for any member to propose another 
 scheme of taxation for the same purpose as a substitute 
 for the government plan.' But it is not regular to pro- 
 pose a new and distinct tax, which is not a mere increase * 
 or diminution of a duty upon an article already recom- 
 mended by government for taxation." But any proposi- 
 tion for the repeal of a duty is always in order, and many 
 cases will be found where a proposed duty has been 
 struck out in committee.*' 
 
 Though there is no rule to prevent private members 
 moving abstract resolutions proposing changes in the 
 scheme or distribution of taxation, or the imposition of 
 new duties or the reduction of duties, " yet they have 
 been uniformly resisted by the government in the Eng- 
 lish House of Commons as inexpedient and impolitic." '' 
 
 ^ 73 E. Hans. (3), 1052-56. In this case, it was proposed to go into com- 
 mittee of the whole, which was manifestly irregular, as was pointed out 
 at the time. 
 
 2 May, 675; 108 E. Com. J. 187; 123 E. Hans. (3), 1248 ; also Todd, i. 
 711. 
 
 3 Mirror of P.- (1836), 1963-4; lb. (1840), 3042, vol. 18; 75 E. Hans. (3), 
 920. 
 
 * 63 E. Hans. (3), 629, 708, 750, 753, 1364. 
 
 ^ For instance, a member could not extend licenses to other manufac- 
 turers besides brewers, who alone were to take them out according to the 
 government plan ; May, 675. Also 77 E. Hans. (3), 637, 751 ; 75 lb. (3), 
 1015. 
 
 « 128 E. Hans. (3), 1129 ; 166 lb. 1574, &c. 
 
 ' Todd, i. 713, 714 ; 88 E. Com. J. 336 ; 94 lb. 510 ; 102 lb. 580 ; 103 lb. 
 886 ; 229 E. Hans. (3), 778. 
 
558 SUPPLY AND WAYS AND MEANS. 
 
 All proposals for the imposition of taxes belong peculiarly 
 to the Crown, and custom, as well as sound policy, has 
 long ago devolved upon ministers the duty of submitting 
 such questions to the consideration of parliament.^ But 
 nevertheless numerous instances will be found in Cana- 
 dian, as well as English, practice, of committees having 
 been appointed to consider questions of taxation, notwith- 
 standing the opposition of the government/ The whole 
 question came up in 1877 in the Canadian House, and 
 Mr. Speaker Anglin decided, in accordance with English 
 precedents, that it is open to a committee to whom a 
 question of taxation is referred, "to express an abstract 
 opinion as to the expediency or inexpediency of imposing 
 a duty." ^ 
 
 The proceedings in ways and means are the same as in 
 committee of supply or other committees of the whole. 
 Changes in the tariff are proposed in the form of resolu- 
 tions, each of which must be formally adopted by the 
 committee, and reported to the House.'' Any motion or 
 resolution moved in committee must be relevant to the 
 subject-matter referred to it,*^ An amendment, of which 
 notice has been given, on going into committee of supply, 
 cannot be moved on the question for going into ways 
 and means." 
 
 IX. Reports of Committees of Supply and Ways and Means,— 
 The English House of Commons rigidly observes the rule 
 
 ' Sir B. Peel, Mirror of P., 1830, vol. 7, p. 1032 ; also March 26tli, 1833 ; 
 August 7th, 1848; May 10th, 1849; May 10th, 1864. Also 73 E. Haas. (3), 
 1052-56. 
 
 ^ See Todd, i. 714-721, for numerous cases in point. 
 
 ^ Conimittee on a petition to impose a coal duty ; Can. Hans. (1877), 
 380-398; Jour. 91, HI. Also British Columbia tariflf. Can. Hans. (1877), 
 532 ; journals, March 7th. Petroleum duty. Can. Com. J. (1876), 233 ; 
 lb. (1877), 25 ; lb. (1878), 215 (coal duty). 
 
 * 239 E. Hans. (3), 556, 605. Cau. Com. J. (1883), 207, 216, 228-234. 
 
 n56E. Hans. (3)1473-4. 
 
 « 261 lb. 474-6. 
 
REPORTS. 559 
 
 which requires that " the resolutions of the committees of 
 supply aud ways and means shall be reported on a day 
 appointed by the House, but not on the same day as that 
 on which they are agreed to by the committee " ^ This 
 practice is in accordance with the principle of giving 
 every opportunity to the House to consider deliberately- 
 all measures relating to the expenditure or the taxation of 
 the country. So strictly is this practice carried out in 
 England that when a resolution of this character has 
 been received on the same day on which it was considered 
 in committee, without any "urgency" having been 
 shown, the House has ordered that this very irregular 
 proceeding (as well as all the proceedings consequent 
 thereon) be declared null and void, and the resolution in 
 question reported on a future day.^ In the Canadian 
 House, however, at the close of the session, this wise rule 
 is too frequently broken;^ 
 
 The resolutions from committees of supply and ways 
 and means are read a first aud second time, and agreed 
 to, after the order of the day for reporting the same has 
 been read at the table. The practice of the Canadian 
 Commons with reference to amendment and debate, at 
 this stage, was variable up to the session of ISTT, when 
 it was decided to adopt the English practice. The pro- 
 cedure on the report of such resolutions is now as fol- 
 lows : The order of the day having been called and read, 
 the speaker proposes the question — That these resolutions 
 be read a first time. This is a purely formal motion and 
 is never discussed or amended. The speaker then pro- 
 
 1 May, 681 ; 129 E. Com. J. 107 ; 137 E. Hans. (3), 1639 ; Can. Com. J. 
 (1877), 51, 95 ; lb. (1883), 220, 228. 
 
 2 158 E. Hans. (3), 1167, 1208. Here Lord Palmerston showed the 
 wisdom of the rule. Only in cases of great urgency will this rule be 
 departed from. Since the revolution, only one instance has occurred in 
 England, and that was in 1797, on the occasion of the mutiny at the 
 Nore. 52 E. Com. J. 552, 605. 
 
 ' Can. Com. J. (1882), 500-505. See infra, 567. 
 
560 SUPPLY AND WAYS AND MEANS. 
 
 poses the next question — That these resolutions be read 
 a second, time. ^ The procedure at this stage with 
 respect to amendment and debate, has been explained 
 on more than one occasion by speakers of the English 
 Commons. "When the question is put," said Mr. 
 Speaker Denison, " it is open to any hon. member to 
 make any general observations he may think neces- 
 sary," ^ but they should be "relevant to the subject- 
 matter." ^ "With respect to amendment, Mr. Speaker Brand 
 said on a subsequent occasion : "The established rule of 
 debate is that the observations of hon. members should 
 be relevant to the question put from the chair. There is 
 one exception to that rule, and that is, when a motion is 
 made that this House resolve itself into committee of sup- 
 ply ; upon that occasion irrelevance of debate — that is, 
 debate not relevant to the subject-matter proposed to be 
 discussed in committee — is allowed ; but I am not aware 
 of irrelevant matter, generally speaking, being allowed 
 upon any other occasion. No doubt considerable latitude 
 of discussion has been allowed occasionally on the report 
 of supply; but T know of no instance where an irrelevant 
 amendment has been allowed on the motion that resolu- 
 tions adopted in committee of supply be read a second 
 time." * If the House agree to read the resolutions a second 
 time the clerk in the Canadian House will proceed to read 
 each separately. The speaker puts the question for con- 
 currence in each resolution, and both amendments and 
 debate must be relevant to the same in accordance with 
 English practice.^ For instance, on the question for agree- 
 
 1 Can. Com. J. (1878), 249, &o., (supply) ; lb. (1879), 193, (ways and 
 means) ; lb. (1890), 261, 366 ; lb. 1891, June 26. In 1877 the question for 
 the second reading was not regularly put, and an entry was made in the 
 journals to guard against such irregularities in the future. Can. Hans. 
 1171, 1172 ; Jour. 97, 172, 224, 336. 
 
 •' 174 E. Hans. (3), 1550-52. 
 
 ^ 162 Ih. (3), 622 ; 206 Ih., 1367-8. 
 
 * 243 lb. 1549. " 174 lb., 1551. 
 
DEBATE ON REPORT. 561 
 
 ing to a resolution proAdding a sum of money for piinting, 
 in connection with the Queen's Colleges (Ireland), Mr. 
 Parnell was proceeding to discuss the general subject, 
 when he was interrupted by Mr. Speaker Brand and re- 
 minded that " on the question of a Tote for stationery, it 
 was not competent for him to enter into a general discus- 
 sion on the subject of those colleges." ^ 
 
 In the Canadian Commons, on report of resolutions on 
 the tariff from ways and means, the rule of relevancy is 
 understood to apply to any amendment — even to an 
 abstract resolution — relating to the tariff, or to the fiscal 
 policy of the country, or laying down a new principle of 
 commercial policy in opposition to that of the govern- 
 ment of the day.- 
 
 Eesolutions reported from committees of supply or ways 
 and means are frequently postponed after they have been 
 read a second time.^ Or, on the reading of the order for 
 the reception of the report, it may be referred back to 
 committee for the purpose of making certain amend- 
 ments.* Or the resolutions, as in IS'TQ — when the whole 
 tariff was revised — may be all sent back to committee 
 after the second reading.' Any resolution may be with- 
 drawn on the second reading.^ 
 
 ^ 240 E. Hans. (3), 348. Also 231 Ih., 749. For precedents of amend- 
 ments and debate on reports of resolutions in English Commons, see 129 
 E. Com. J. 263 (supply) ; 115 E. Hans. (3), 1135,(ways and means); Mirror 
 of Pari. vol. xiv.. p. 4722 (supply); 144 E. Hans. (3), 2151 (supply). In the 
 last case mentioned, Mr. Gladstone moved, on the second reading of reso- 
 lutions for supply, (navy estimates), an amendment looking to the reduc- 
 tion of the public expenditures. 
 
 ^ Can. Hans. (1877) 1172. Sir Richard Cartwright's amendment in 1890 
 on the second reading of resolutions of tariff, Can. Com. J. 261. Also 
 amendments proposed on June 26, and July 9, 1891, Jour, and Hans. 
 
 ' Can. Com. J., (1874), 170 ; lb., (1877), 297 ; lb. (1886), 110; 119 E. Com. 
 J. 324 ; 129 lb. 197; 131 Ih. 60 ; 132 lb. 360. 
 
 * Can. Com. J., (1874), 144. 113 E. Com. J. 211. 
 
 5 Can. Com. J., (1879), 201 ; or before second reading, Ih. (1890), 280. 
 
 « lb. (1867-8), 94 ; lb. (1879), 411. In the English House it is usual " to 
 disagree " with a resolution not to be proceeded with ; 129 E. Com. J., 100. 
 36 
 
662 SUPPLY AND WAYS AND MEANS. 
 
 Any resolution from supply may be reduced after report 
 without going back into committee,^ though, it is some- 
 times convenient to do so for that purpose.^ When reso- 
 lutions are reported, members are restricted to one speech 
 on each question.' 
 
 It is not allowable at this stage — more than at any 
 other — to increase or alter the destination of a grant of 
 money, recommended by the governor-general.'' But it is 
 always in order to propose an amendment stating the con- 
 ditions under which the House makes a grant of money .^ 
 
 It is also quite regular at this stage to move an amend- 
 ment to an amendment to a resolution." 
 
 In case it is proposed to increase a grant, it can only 
 be done with the recommendation of the Crown, and in 
 committee of supply.' The resolution is recommitted and 
 the committee will report that a further sum has been 
 voted in addition to that previously granted. But unless 
 the government signify the recommendation of the gov- 
 nor-general, the committee cannot increase a grant.* In 
 the session of 1883, when a report of the committee of 
 supply was under consideration, it was pointed out that 
 a resolution of $8,000 for the purchase of certain property 
 required for government purposes did not represent the 
 actual expense that would be incurred, but that the vote 
 should be for $11,000. It was suggested that the premier 
 
 ' 129 E. Com. J., 164; Can. Com. J., (1873), 374; lb. (1878), 241; ii. 
 (1885), 619, 620. 
 
 •■' Can. Com. J., (1873), 356, 371 ; lb. (1878), 249. 
 
 ^ Unless, as is sometimes done, it is agreed to allow the same latitude 
 as in committee, for the convenience of the House. Can. Hans. 1878, 
 May 2. 
 
 * Mennonite grant ; Can. Com. J. (1875), 140. Can. Sp. D., No. 160,10th 
 of June, 1869 ; No. 176, 6th of May, 1870. 148 E. Hans. (3), 392 ; 170 lb. 
 1884. This rule applies to all money resolutions reported from committee 
 of the whole ; Can. Com. J. (1867-8), 390. 
 
 ^ Mennonite loan, 1875 ; Can. Pacific E. E., 1876 ; 78 E. Com. J. 443. 
 
 « Can. Com. J. (1875), 141 ; lb. (1877), 105. 
 
 ' 3 Hatsell, 179. » Can. Sp. Dec, No. 199 ; 11th June, 1872. 
 
INCREASE OF A VOTE. 563 
 
 give the recommendation of the Crown and increase the 
 vote before the adoption of this particular item of the 
 report. Ou consideration, however, it was seen that such 
 a proceeding at that stage was irregular, and the leader of 
 the government stated he would bring down a supple- 
 mentary vote for $3,000.' 
 
 A precedent from English practice will show what is 
 the correct proceeding when it is necessary to increase a 
 grant after report. In 1858, a vote of jei5,118 for the 
 general register house at Edinburgh was reduced by 
 ^1,000 in committee of supply. The sense of the House, 
 however, on further consideration of the matter, being 
 opposed to the reduction, it was agreed on the report 
 of the committee to recommit the reduced vote. Subse- 
 quently the vote was formally increased by the addition 
 of ^61,000, and reported to the House.^ Here,it will be seen, 
 that the grant was not increased beyond the sum origin- 
 ally recommended by the Crown. In the case which 
 occurred in the Canadian Commons, the committee could 
 not have increased the vote, had it been recommitted, 
 until a message was received authorizing the additional 
 sum required.^ The most regular and convenient pro- 
 cedure under all the circumstances was that finally pro- 
 posed by the premier. 
 
 On the same principle any increase in the imposts 
 should be made in committee of ways and means.* But 
 it must be remembered that it is always regular to pro- 
 pose an amendment on the report from the committee 
 either for the repeal or reduction of proposed duties, even 
 when those duties are actually reduced below what they 
 had been previously.'^ Neither is it necessary to go back 
 
 1 Author's notes. Can. Hans. (1883), 1316-17 (Rideau Canal Basin). 
 2 113 Com. J. 211, 314, 320; 150 E. Hans. (3), 1502, 1585. 
 ' Supra, 553. 
 
 * Swpra, 556 ; 155 E. Hans. (3), 991 ; 3 Hatsell, 167; 124 E. Com. J. 203; 
 Can. Com. J. (1885), 587, 595 ; lb. (1890), 437. 
 
 5 May, 685-7; 101 E. Com. J. 323, 335, 349. In 1880 the House went 
 
564 SUPPLY AND WAYS AND MEANS. 
 
 into committee to strike off certain articles from th.e free 
 list, provided the duty is left as payable under the existing 
 law.^ 
 
 But every new duty must be voted in committee. So 
 strictly is the rule enforced which " requires every new 
 duty to be voted in committee, that even where the object 
 of a bill is to reduce duties, and the aggregate amount of 
 duties will, in fact, be reduced, yet if any new duty, how- 
 ever small, be imposed, or any existing duty be increased 
 in the proposed scale of duties, such new or increased 
 duty must be voted in committee either before or after 
 the introduction of the bill." ^ 
 
 It is the ordinary practice in the Canadian House to 
 propose to go back into committee when an amendment 
 is moved, after report, for the reduction or repeal of duties.^ 
 In fact, it is considered the more convenient course to 
 consider all changes in the tariff in committee of ways 
 and means.* 
 
 When there are a large number of items in a resolution 
 reported from committee of ways and means —as was 
 particularly the case in the tariff of ISTO — it is most con- 
 venient to take up each item separately and discuss it as 
 a distinct question, to be agreed to, amended, postponed 
 or disagreed to.° When the debate on a resolution cannot 
 be terminated at a sitting, it is necessary to postpone the 
 consideration of the remaining items before the adjourn- 
 ment of the House is moved.^ 
 
 It is the practice in the Canadian House of Commons 
 
 back into committee (Jour. p. 212) to add certain goods to the free list — 
 an altogether superfluous proceeding, arising from a misconception of 
 the functions and meaning of a committee of the whole. 
 
 1 Can. Com. J. (18S2), 469, 470 ; item 3, books, charts, &c. See May, 685. 
 
 ' May, 687; 109 E. Com. J. 330 ; Can. Hans. (1890), 4480. 
 
 ' Can. Com. J. (1867-8), 92 ; lb. (1874), 241, &c. 
 
 * lb. (1874), 144. 
 
 5 J*. (1879), 260-7; 271-6, &c. lb. (1886), 159, 160; lb. 1891, July 31. 
 
 « lb. (1879), 276. 
 
BILLS OF TAXATION. 565 
 
 to give operation immediately to the resolutions embody- 
 ing customs and excise changes, by agreeing to a resolu- 
 tion to that effect in committee of the whole.^ Accordingly 
 the new taxes are to be collected from the date mentioned 
 in the resolutions ; but in case the tariff is changed or 
 fails to become law, then the duties " levied by anticipa- 
 tion " must be repaid to the parties from whom they had 
 been collected.^ 
 
 X. Tax Bills —When the resolutions amending the tariff, 
 or imposing any charges upon the people, have been 
 agreed to by the House, they are embodied in one or more 
 bills which should pass through the same stages as other 
 bills.' Resolutions against the principle of such bills 
 may be proposed at the different stages/ It is also regular 
 to move amendments in the committee on the bill, for the 
 repeal or reduction or modification of any charge or duty 
 upon the people.^ When such amendments are necessary, 
 after the bill has come up from committee, it is always 
 proposed to go back into committee to make the contem- 
 plated changes," But it must be always borne in mind 
 that any new duty or increase of duty must be previ- 
 ously voted in committee of ways and means, and then 
 referred with instructions to the committee on the bill/ 
 As the resolutions on which the bill is based are always 
 
 "Can. Com. J. (1874), 59, 146; lb. (1879), 108; lb. (1885), 162; lb. 
 (1890), 243. Sometimes certain alterations are deferred until a later date, 
 and, if so, the resolution must expressly state it ; lb. (1883), 234. In the 
 English House the executive government, on their own responsibility, 
 give immediate effect to the resolutions as soon as they are reported and 
 agreed to by the House. Todd. i. 793. / 
 
 ' Todd, i. 793; 99 E. Hans. (3), 1316 ; 156 lb. 1274; 160 lb. 1827. 
 
 ^ Can. Com. J. (1867-8) 93, 94, 266 ; lb. (1877), 226, &c. 
 
 'J6. (1870), 298, 299. 
 
 ^ May 687-8 ; 108 E. Com. J. 640 (committee on customs acts). 
 
 « Can. Com. J. (1867-8), 403, 415 ; lb. (1874), 241. 
 
 ' Supra, 563 ; 155 E. Hans. 991 ; 132 E. Com. J. 112 ; 137 lb- 365-6, &c. ; 
 Can. Com. J. (1885), 609, 659 ; lb. (1890), 437 ; lb., 1891, July 31. 
 
566 SUPPLY AND WAYS AND MEANS. 
 
 discussed at great length, the members opposed to its 
 policy are seldom disposed to raise further debate during 
 its passage, though they may think proper at times to 
 express dissent and even divide the House on the ques- 
 tion.^ 
 
 The committee of the whole has been at times dis- 
 pensed with in the case of customs or tariff bills when 
 they have been exhaustively discussed on the resolu- 
 tions,^ and it is not necessary to make any alteration in 
 the bills themselves. In 1882 and 1883 the bill was 
 committed, as it was necessary to make some immaterial 
 amendments.^ It is now the practice to commit such 
 bills. 
 
 XI. The Appropriation or Supply Bill.— "When all the esti- 
 mates have passed through committee of supply,* the 
 finance minister will move to go again into committee of 
 ways and means for the purpose of considering the usual 
 formal resolutions for granting certain sums out of the 
 consolidated revenue fund of Canada " towards making 
 good the supply granted to her Majesty." ^ These resolu- 
 tions must be reported and agreed to formally by the 
 House before the bill founded thereon can be introduced. 
 
 When the resolutions in question have been agreed to 
 by the Commons, the finance minister is able to present 
 the appropriation or supply bill, which gives in detail all 
 the grants made by parliament. The preamble differs 
 from that of other bills, inasmuch as it is in the form of 
 
 1 Can. Com. J. (1874), 241. Can. Hans. (1879), 1806. 
 
 ^ Can. Com. J. (1880-1), 367. ^ lb- (1882), 492; lb. (1883), 408. 
 
 * But the practice is never to allow the committees of supply and ways 
 and means to lapse, but to keep them alive to the very last moment of 
 the session. Can. Com. J. (1877), 341, 352 ; lb. (1879), 384, 431. 
 
 * Can. Com. J. (1879), 431. By some inadvertency, the supply resolu- 
 tions were in 1877 (p. 352) referred to the committee of ways and means- 
 As the House goes into that committee to provide the means to meet the 
 sums already declared necessary for the public service, the reference was 
 
 ■ not only unnecessary, but without precedent. 
 
SUPPLY BILL. 56*1 
 
 an address to the sovereign— a subject which is more con- 
 veniently treated in the first section of the following 
 chapter on bills. 
 
 It is enacted in the supply bill that a detailed account 
 of the sums expended under the authority of the act shall 
 be laid before the House of Commons during the first 
 fifteen days of the following session of Parliament.' In 
 the last section of this chapter will bo found a brief 
 review of the law regulating the mode of auditing the 
 appropriations under the act. 
 
 The Canadian House of Commons frequently allows 
 the supply bill to pass two or more stages on the same 
 day. In ISBT-S, it was passed with intervals of one or 
 more days between each stage, and was amended in com- 
 mittee of the whole. In 1869 and 18*70 it passed several 
 stages on the same day, and was never committed. In 
 18'71, it passed its second and third readings on different 
 days, but was never considered in committee of the whole. 
 In 18*7*7 and 1882, the resolutions from ways and means 
 were at once agreed to, and the bill passed through all 
 its stages at one sitting.^ In 18*78, 18*79, 1884, 1885, and 
 in subsequent years, it passed all its stages on the same 
 day.' This practice is entirely at variance with the wise 
 principle — a principle only to be relaxed in cases of grave 
 public necessity — which requires the resolutions to be 
 reported, and the different stages of the bill to be taken 
 on different days.* No instance can be found in the Eng- 
 
 ' Can. Com. J. (1883), 434 ; 46 Vict. c. 2. " An act for granting to her 
 Majesty certain sums of money required for defraying certain expenses 
 of tiie public service for the financial year," &c. 
 
 ^ Can. Com. J. (1877), 352, 353 ; lb. (1882), 505. 
 
 ' In 1886 the supply resolutions and the appropriation bill were passed 
 with remarkable despatch, and the House prorogued on the same day. 
 It was done to suit the convenience of the governor-general, who had 
 made his arrangements for leaving the city for Quebec on the evening of 
 the same day. Can. Com. J. (1886), 361-401. Such a proceeding is with- 
 out parallel in the parliamentary history of Canada. 
 
 * 131 E. Com. J. 62, 65, 67, 74, 76, 79, &c.; 239 E. Hans. (3), 1419. 
 
568 SUPPLY AND WAYS AND MEAm. 
 
 lish journals of two stages of a money bill being taken 
 at the same sitting.' Only two instances have occurred 
 since 1867 in the Canadian House of an objection having 
 been formally taken to immediate concurrence in the 
 resolutions on which the supply bill is founded. One 
 happened in 18'7'7, and both speaker and House acquiesced 
 in the force of the objection, as the motion for receiving 
 the report of the committee was not pressed. Subse- 
 quently, however, during the same sitting, the member 
 who had interposed withdrew his objection, and it was 
 agreed nem. con. to allow the resolutions to be reported 
 and the bill to be introduced and passed forthwith.^ 
 Again, in 1879, Mr. Holton objected to concurrence in the 
 report, and it was accordingly held over until next day.' 
 
 It is now becoming unusual in the Commons to raise a 
 debate or propose amendments at different stages of a 
 supply bill, though it is perfectly regular to take that 
 course. Many illustrations will be found in the English 
 as well as in the Canadian parliament of the length to 
 which a debate may proceed on a bill of this character. 
 It has been ruled frequently in the English Commons 
 that debate and amendments on the different stages of the 
 appropriation bill are governed by the same rule as is ap- 
 plicable to other bills. For instance, when a member was 
 attempting to speak of the constitution of the country, 
 he was at once interrupted by the speaker.* 
 
 An amendment must be applicable to the bill or some 
 part of it, and discussion thereon should not be allowed 
 
 ' Mr. Speaker Brand, 239 E. Hans. (3), 1419. 
 
 ■•^ Author's notes. No mention of the fact, strange to say, is made in 
 the Canadian Hansard. 
 
 ^ Can. Hans. (1879), 2001-3. The haste with which motions involving 
 public expenditures are constantly passed through the Canadian House 
 of Commons, particularly at the end of the session, has been frequently 
 deprecated by prominent and experienced members. Mr. Holton, 6th of 
 May, 1879, p. 1799 Hansard. 
 
 ' 231 E. Hans. (3), 1162. 
 
AMENDMENTS TO SUPPLY BILL. 569 
 
 the same latitude as on the motion for going into com- 
 mittees of supply and ways and means.' This rule, how- 
 ever, does not " preclude a member from bringing a 
 question of foreign or domestic policy before the House 
 upon any stage of the bill, if it be a question that arises 
 out of any of the votes thereby appropriated." ^ Much 
 latitude, however, has always been allowed in the Cana- 
 dian parliament. In the sessions of 1868 and 1869 mem- 
 bers of the opposition reviewed the events of the session 
 at considerable length, and a debate followed on the 
 motion for the third reading of the bill. In 18Y0 Mr. 
 Mackenzie, then leading the opposition, refrained from 
 making any remarks during the passage of the bill on 
 account of the illness of the premier, Sir John A. Mac- 
 donald.^ Since then, the old practice of raising discus- 
 sions on the bill has only been followed at rare intervals. 
 In 1879, a discussion of several hours took place on the 
 Letellier affair, which had been referred to England.^ 
 
 In a previous part of this work,** reference has been 
 made to a practice, which cannot be justified, of tacking to 
 a bill of supply certain enactments to which the members 
 of the upper House might have strong objection, but which 
 they would feel compelled to pass rather than take upon 
 themselves the responsibility of rejecting a money bill, 
 and causing thereby grave inconvenience if not positive 
 injury to the public service. No attempt has ever been 
 made since the establishment of responsible government 
 in Canada to renew a practice which was more than 
 once attempted during the conflict between the assemblies 
 
 ' 211 E. Hans. (3), 1555 ; 231 lb. 1118, 1158-62 ; 265 lb. 735-6. Can. Sp. 
 D., No. 77. 
 
 ^Todd, i. 819-821; 143 E. Hans. (3), 643; 176 lb. 1859; 256 lb. 967, 
 1232. 
 
 ^ Can. Pari. Peb. May 11, 1870. Amendments were proposed at different 
 stages , pp. 1568-9. 
 
 * Can. Hans. (1879), 2011-2035. 
 
 ^ Chapter xiv., s. 6. 
 
SYO SUPPLY AND WAYS AND MEANS. 
 
 and legislative councils. "When recently it was proposed 
 to move in the English Commons to instruct the commit- 
 tee on the appropriation bill to add to that bill a provision 
 altogether foreign to its subject-matter, Mr. Speaker Brand 
 said : 
 
 " If such an instruction were moved, I should not consider it 
 my duty to decline to put it from the chair ; but I am bound to 
 say that such a motioa would be in the nature of a tack to a 
 money bill. I can say positively that no such proceeding has taken 
 place in this House for a period of one hundred and fifty years. 
 The House of Lords has always respected the rights and privi- 
 leges of this House, and has abstained from amending money 
 bills. So in like manner, has this House abstained from sending 
 np money bills containing anything in the nature of a tack to a 
 money bill." ' 
 
 XII. Supply Bill in the Senate.— The supply bill is sent up 
 immediately after its passage in the Commons to the 
 upper House, where it receives its first reading at once. 
 The bill is generally passed through its several stages on 
 the same day, and is never considered in committee of the 
 whole.^ It is usual, however, sometimes to discuss the 
 various questions arising out of the bill at considerable 
 length.' 
 
 The House of Commons alone has the constitutional 
 right to initiate measures for the imposition of taxes and 
 the expenditure of public money. The fifty-third section 
 of the British North America Act, ISeT, enacts that " bills 
 for appropriating any part of the public revenue, or for 
 imposing any tax or impost, shall originate in the House 
 of Commons." * 
 
 1 256 E. Hans. (3) 1058-9 ; 1209-10. 
 
 ' Sen. J. (1878), 293 ; lb. (1879), 293; lb. (1883), 292 (all its stages on 
 same day). In the Lords more time is given for consideration of the bill, 
 and the question is always put whether the bill shall be committed, and 
 resolved in the negative. Lords' .F. (1877), 401, 405. 
 
 » s^en. Deb. (1874), 359; It,. (1875), 750 ; lb. (1877), 487 ; lb. (1878), 983. 
 A similar provision is found in the Union Act. 1840, s. 57. 
 
SUPPLY BILL IN THE SENATE. 5*71 
 
 In the speech with which the governor-general opens 
 and closes every session of parliament, he recognizes the 
 constitutional privileges of the House of Commons with 
 respect to the estimates and supply ; for he addresses its 
 members only with respect to those matters.^ 
 
 The supply bill can only be presented for the assent of 
 the sovereign by the speaker of the House of Commons, 
 and it will be seen by reference to another page that the 
 short formal address which he makes on such an occa- 
 sion, like the preamble of the English appropriation act, 
 is an emphatic assertion of the sole right of the Commons 
 to vote the money, and that the governor-general, in her 
 Majesty's name, gives, in the form of his answer, a recog- 
 nition of this claim.^ 
 
 The Canadian Commons have resolved, and placed the 
 resolution among their standing orders, that " all aids and 
 supplies granted to her Majesty by the parliament of 
 Canada are the sole gift of the House of Commons " — a 
 resolution taken from that passed by their English pro- 
 totype more than two centuries ago.' 
 
 The constitutional privileges of the Commons in this 
 particular are now tacitly acknowledged by the Senate 
 never attempting to amend the supply bill. If any alter- 
 ation is now made in a money or taxation bill in the 
 House of Lords, it is only of a verbal and unimportant 
 character ; but such an alteration is of very unusual 
 occurrence, and so jealous are the Commons of even an 
 appearance of an infringement of their privileges, that 
 they will make' a special entry of their reasons for accept- 
 ing such amendments.* The supply bill when it comes 
 back from the Senate bears the endorsement common to 
 other bills " Passed by the Senate without amendment ;" ^ 
 
 ' Sen. J. (1879), 298 ; 132 E. Com. J., 441. 
 
 ^ Infra, B. xiii. 
 
 ^ Chapter xviii., e. 2. 
 
 * 112 E. Com. J. 393 ; 122 lb. 426. See chapter xviii. on public bills, s. 17. 
 
 5 Sen. J., (1879), 293. 
 
6'72 SUPPLY AND WAYS AND MEANS. 
 
 and the propriety of such an endorsation has even been 
 questioned in the Commons ; but it is always considered 
 a matter of form and is not noticed in the Commons 
 journals. 
 
 Though the upper House may not amend a supply bill, 
 yet all the authorities go to show that theoretically it has 
 the constitutional right to reject it in its entirety ; but 
 such a right will never be exercised by a legislative body 
 not immediately responsible to the people, except under 
 circumstances of grave public necessity.^ Either the 
 direct or indirect concurrence of the upper House in every 
 grant of money is constitutionally requisite.^ When the 
 Crown sends down a special message to the Commons 
 asking that provision • be made for some matter not in- 
 cluded in the estimates, it is usual to forward a similar 
 message to the Senate.' It is a well understood principle 
 that the consent of the Lords is indispensable to every 
 legislative measure, whether of supply or otherwise, and 
 it is desirable that they should have a full opportunity 
 given them of considering the policy of all public expen- 
 diture and taxation, after it has been initiated and passed 
 in the Commons * 
 
 XIII. Koyal Assent to the Bill.— The supply bill is always 
 returned to the House of Commons,'^ and is taken up to 
 the Senate chamber by the speaker, when his Excellency 
 
 ' Blackstone's C, 169. DeLolme, book 1, c. 4- Cox on British Institu- 
 tions, 18S-9; Todd, i.,808; see supra, 470, for a recent case of a supply 
 bill rejected by the legislative council of the province of Quebec. 
 
 ^ See despatch of Earl of Bathurst, Aug. 31, 1817 ; Low. Can. Ass. Jour. 
 Garneau, ii. 334. 
 
 « Sen. J. (1867-8), 212, 214 ; Can. Com. J. 187, 201 ; relief to the family of 
 T. D'Arcy McGee, foully assassinated during the session of parliament. 
 Grant to Sir Garnet Wolseley, 1874, 218 E. Hans. (3), 622, 709. 
 
 * Todd, i. 806 et seq. In 1879 resolutions setting forth the policy of the 
 dominion government with respect to the Canadian Pacific R. E. were 
 introduced and passed in both Houses. Sen. J. (1879), 276; Com. J. 417. 
 
 ° It is privately returned to the clerk, who hands it to the speaker. See 
 3 Hatsell, 161-2. 
 
ROYAL ASSENT TO SUPPLY BIIL. 573 
 
 the Governor-General has summoned the Commons for 
 the purpose of proroguing parliament. When all the bills 
 passed by both Houses have been formally assented to, or 
 reserved for the signification of her Majesty's pleasure 
 thereon, Mr. Speaker -will present the supply bill with 
 the usual speech. 
 
 "May it please your Excellency: The Commons of Canada 
 have voted the supplies required to enable the government to 
 defray the expenses of the public service. In the name of the 
 Commons, I present to your Excellency a bill intituled,'' etc' 
 
 The clerk of the Senate will then proceed to the bar, 
 and receive from the speaker the supply bill, with which 
 he will return to the table ; and the clerk of the crown in 
 chancery will then read the title of the bill in the two 
 languages. This done, the clerk of the Senate signifies 
 the royal assent in the following words : 
 
 " In her Majesty's name, his Excellency the Governor-General 
 thanks her loyal subjects, accepts their benevolence, and assents 
 to this bill." 2 
 
 XIV. Address to the Crown for a certain Expenditure, &c— It has 
 happened on a few occasions in the English House of 
 Commons when the estimates had all gone through the 
 
 ' In accordance with an old usage of the English parliament (SHatsell, 
 163) the speakers of the legislative assemblies of Canada were accustomed, 
 before presenting the supply bill, to deliver an address directing the at- 
 tention of the governor-general to the most important measures that had 
 been passed during the session. Leg. Ass- J. (1865), 257 ; lb. (1866), 386. 
 On the 22nd of June, 1854, when the legislature was suddenly prorogued 
 by Lord Elgin, after only a week's session, the speaker took occasion, 
 before the delivery of his Excellency's speech, to refer to the fact that no 
 act had been passed or judgment of parliament obtained on any question 
 since the House had been summoned a few days before ; lb. (1854), 31 ; 
 Dent's Canada, ii., 294. The last occasion on which the speaker availed 
 himself of this old privilege was in 1869, and then he made only a brief 
 reference to the importance of the measures of the session ; Can. Com. J. 
 (1869), 312. 
 
 ^ Sen. J. (1890), 286 ; Com. J. 505. A similar procedure is followed in 
 the case of any supply bill passed and assented to during a session. Can. 
 Com. J. 1891, 9th July. 
 
574 SUPPLY AND WAYS AND MEANS. 
 
 committee of supply, and when in consequence of the 
 lateness of the session or for some other reason, it is not 
 convenient to make a grant therein, or it is not possible to 
 state the exact amount of money required, the House of 
 Commons will agree to an address to the sovereign for a 
 certain expenditure of public money, with an assurance 
 that " this House will make good the same." This practice 
 has been followed only on one occasion in the Canadian 
 parliament since 186*7 ; and that was at the close of the 
 session of 18*73, when the death of Sir George Etienne 
 Cartier was announced. Sir John Macdonald, then pre- 
 mier, moved an address to the governor-general praying 
 that " he would be graciously pleased to give directions 
 that the remains of the deceased statesman be interred at 
 the public expense," and assuring his Excellency that " this 
 House will make good the expenses attending the same." ' 
 The course pursued on that occasion was in accordance 
 with the precedents in the cases of Lord Chatham in 1*778, 
 and of Mr. Pitt in 1806, to whom monuments were voted 
 by parliament.^ But since that time the House of Com- 
 mons has adopted a standing order requiring that all 
 such addresses should originate in committee ; ^ and as the 
 Canadian rule is, in all unprovided cases, to follow Eng- 
 lish usage the address for a public funeral to Sir G-eorge 
 Cartier should obviously have been in conformity with 
 the later English practice, and should have originated in 
 committee of the whole.* 
 The right of a private member in the English Commons 
 
 1 Can. Com. J. (1873, first session), 430. 
 
 ■' 36 E. Com. J. (1778), 972 ; 61 lb. (1806), 15. Also Lord Nelson ; 61 
 E. Com. J. 16. 
 
 ' May, 691. Sir E. Peel, 1850 ; 105 E. Com. J. 512. Vic. Palmerston, 
 1866 ; 121 E. Com. J. 100. Earl of Beaconsfield, 1881, 136 lb. 230. 
 
 ■* So particular is the English House in adhering to this practice that 
 when an irregularity has been discovered, the order for an address has 
 been discharged and proceedings commenced de novo in a regular manner. 
 See address for a statue to Viscount Gough, May, 692. 125 E. Com. J. 
 355, 362, 368. Also 98 E. Com. J, 321 ; 106 lb. 189. 
 
ADDRESS TO THE CROWN. 515 
 
 to move an address to the Crown for a grant of public 
 money to be provided by parliament — such address as 
 we have just seen, to originate in committee — appears to 
 be admitted by all the English authorities. The form of 
 the motion " that this House will make good the same," 
 makes the royal recommendation unnecessary.' When 
 the House of Commons amended their standing orders, 
 as they appear now, the chancellor of the exchequer 
 recognized the right of any member to move an address 
 — " the ancient and truly constitutional method of 
 expressing the desire of the House, that some public 
 expenditure should be incurred." The effect of such a 
 motion is not ultimately to bind the House, but to throw 
 on the Crown the responsibility of accepting or declining 
 that address.^ 
 
 It must be remembered, however, that the express lan- 
 guage of the 54th section of the B. N. A. Act, 1867, 
 forbids any member in the Canadian Commons from 
 moving for an address for a grant of public money, with- 
 out a recommendation of the Crown.^ It is still neces- 
 ary, however, to insert the words, " that the House will 
 make good the same," because the grant so authorized 
 upon an address, must afterwards be included in a regu- 
 lar bill of appropriation. 
 
 In 1891, on the occasion of the death of the premier. 
 Sir John A. Macdonald, the incorrect procedure of 1873 was 
 avoided by the senior member of the cabinet. Sir Hector 
 Langevin, simply moving an abstract resolution that the 
 remains of the deceased statesman should be publicly 
 interred and the House would " concur in giving to the 
 ceremony a fitting degree of solemnity and importance.* 
 
 1 Todd, i, 700, 701, 766. Also 221 E. Hans. (3), 766, where a member 
 moved, on motion for going into supply, that the House go into com- 
 mittee of the whole on a future day to consider the granting of a pension, 
 and to assure her Majesty that the House would make good the same. 
 
 2 182 E. Hans. (3), 598. But this right should only be exercised under 
 peculiar and exceptional circumstances ; lb. 593, Mr. Gladstone. 
 
 ' Supra, 531. * See Can. Com. J. and Hans., 8th June. 
 
576 SUPPLY AND WAYS AND MEANS. 
 
 XV. Votes of Credit and on Account.— Occasions may arise 
 when parliament will be called upon to give the govern- 
 ment a vote of credit to meet a national emergency, and 
 it is impossible to determine the exact amount that may 
 be required for the public service. In 1885 parliament 
 voted the sum of $1,100,000, "required for defraying 
 certain expenses in connection with the troubles in the 
 Northwest Territories." Such " votes " are brought down 
 like all matters of supply with a message from the 
 governor-general, passed in committees of supply and 
 ways and means, and included in an appropriation bill, 
 which is presented by the speaker of the Commons, and 
 receives the formal assent of the governor-general like 
 other supply bills.' 
 
 The nature of the service and the amount probably 
 required should be specified in the act. The amount 
 should be limited, as nearly as possible under the circum- 
 stances, to the necessities of the state, and should be fully 
 accounted for at the earliest practicable moment. The 
 strict auditing of all public expenditures now renders 
 any abuse of a vote of credit almost impossible.^ 
 
 Votes "on account of" particular services, now quite 
 common in the English House, have only been necessary 
 on one occasion from 1867 to 1891 in the practice of the 
 Canadian Commons. On the eve of a dissolution, in case 
 of a ministerial crisis, or at other times in anticipation of 
 particular grants or classes of service, the imperial par- 
 liament has allowed votes " on account." Such a course 
 has now become necessary every session, " in conse- 
 quence of the increased strictness in the audit of public 
 accounts and the difficulty of securing the considera- 
 tion of the estimates in due time." ^ " It is an estab- 
 
 1 Can. Com. J. (1885), 304, 305, 411, 445, 449, 680. See Todd, i., 757, 758 ; 
 May, 680 ; 82 E. Com. J. 542 ; 115 lb. 142. The preamble of such bills is 
 the same as in the general appropriation act. 
 
 2 Todd, i. , 758-763, 823. ^ May, 679. 
 
A VDIT OF A PPR OPRIA TION A CCO UNTS. 5 *7 7 
 
 lished rule," says a high authority, " that a vote on 
 account should involve no new principle, but should 
 merely provide for the continuation of services which 
 had been sanctioned in the previous year ; and it is the 
 practice not to take more than two or three months' sup- 
 ply, except in certain particular cases of public emer- 
 gency, so that the committee in agreeing to vote on 
 account are not pledged to the estimates for the year in 
 anticipation of the opportunity to be afterwards afforded 
 of voting them in detail." ^ In Canada, as the fiscal year 
 ends on the 30th of June,^ and parliament generally 
 assembles in the month of January, or, at least, months 
 before the appropriations for public services are exhausted, 
 the necessity for votes on account can only arise under 
 exceptional conditions. In 1891, parliament met on the 
 29th of April, and it became necessary when the first of 
 July was passed to meet the exigencies of the public 
 service. One tenth of the annual estimates was passed 
 without discussion, and included with all the resolutions 
 previously passed in an appropriation act, which imme- 
 diately received the royal assent. Subsequently one fifth 
 was voted in the same way.^ Finally the sums necessary 
 to complete the amounts required for the service of the 
 year were voted after the usual full discussion. 
 
 XVI. Audit of Appropriation Accounts.— For the more com- 
 plete examination of the public accounts and the report- 
 ing thereon to the House, there is an officer, appointed 
 under the great seal, called the auditor-general, who 
 holds office during good behaviour, but is removable by 
 the governor-general, on address of the Senate and House 
 of Commons.* "When any sums have been voted by 
 
 1 Todd, i., 760. 181 E. Hans. (3), 1780 ; 195 lb. 523 ; 197 lb. 1440 ; 200 
 lb. 1583 ; 205 lb. 1034 ; 211 lb. 1049. 
 
 ^ The English financial year ends on the 31st of March. 
 5 Can Com. J. and Hans., July 3, 10 ; Aug. V,l, 28. 
 * 41 Vict, c 7, Bev. Stat, of Can., c. 29, am. by 51 Vict. c. 7. A sum- 
 37 
 
518 SUPPLY AND WAYS AND MEANS. 
 
 parliament for specified public purposes, the governor, 
 from time to time, issues his warrant, authorizing the 
 minister of finance to issue such sums as may be required 
 to defray those expenses. The minister of finance will 
 then, on the application of the auditor-general, cause 
 credits to be opened in favour of the several departments 
 or services charged with the expenditure of the moneys 
 so authorized. These credits are issued on certain banks, 
 authorized to receive public funds, and the law provides 
 a thorough system of checks over all payments for public 
 purposes. No credit can issue in favour of any depart- 
 ment or service in excess of any vote sanctioned in the 
 supply bill or any act of parliament. It is the duty of 
 the auditor-general to see that no cheque goes out unless 
 there is a parliamentary appropriation for the same. He 
 is to certify and report upon the issues made from the 
 consolidated revenue fund in the financial year ending 
 the 30th of June preceding, for the interest and manage- 
 ment of the public funded and unfunded debt, and all 
 other expenditures for services under control of the 
 minister of finance. He certifies as to the authority 
 under which these issues are made, and his report thereon 
 is laid before the House of Commons by the minister of 
 finance on or before the 31st January, if parliament be 
 then sitting ; ^ if not, then within one week after the 
 Houses have assembled.^ The accounts of the appropria- 
 tion of the several grants comprised in the appropriation, 
 or any other act for the year ending the 30th of 
 June preceding, are prepared by the several departments 
 
 mary ot some of the more important provisions of this act follows in the 
 text. 
 
 1 Can. Com. J. (1880-81), 40. Parliament met on the 9th of December, 
 and the report was presented on the 14th of the same month. In 1891 
 parliament did not meet until April 29, but under the new regulations 
 permitting the issue of blue books when ready for circulation [supra, 343) 
 the report was made public property in February. 
 
 ^ lb. (1883), 28. 
 
A UDIT OF APPROPRIA TION ACCO UNTS. 579 
 
 and transmitted for examination to the auditor-general, 
 and to the deputy of the minister of finance, and when 
 certified and reported upon, they are laid before the 
 House of Commons. These accounts are carefully 
 examined by the auditor, who, in his report to the House, 
 calls attention to every case in which cheques have been 
 issued without his certificate, or in which it appears to 
 him that a grant has been exceeded, or that money 
 received by a department from other sources than the 
 grants for the year to which the accounts relate has not 
 been applied or accounted for according to the directions 
 of parliament, or that a sum charged against a grant is 
 not supported by proof of payment, or that a payment so 
 charged did not occur within the period of the account, 
 or was for any other reason not properly chargeable 
 against the grant. The act provides that if the minister 
 of finance does not, within the time prescribed in the 
 statute, present to the House the report of the auditor on 
 these or other accounts, the latter shall immediately trans- 
 mit it himself to the Commons. All balances of appro- 
 priations which remain unexpended at the end of the 
 financial year lapse and are written ofl^, but the time for 
 closing these accounts may be continued for three months 
 from the 30th of June, provided there is sufficient cause 
 shown for doing so in an application to the governor in 
 council. In case the money cannot be expended before 
 the 1st of October, and it lapses accordingly under the 
 law, a memorial may be addressed to the governor in 
 council, setting forth the facts, and if it is found expedi- 
 ent to authorize the payment of the money, a warrant is 
 issued in due form. Special warrants may issue, when 
 parliament is not in session and any expenditure not fore- 
 seen or provided for by parliament is urgently and imme- 
 diately required for the public good ; and a statement of 
 all such warrants is laid before the House, not later than 
 the third day of the next session.' As a rule, all grants 
 
 1 Can. Com. J. (1883), 47 ; 41 Vict. c. 7, a. 32, subs. 4 ; Kev. Stat of 
 
580 SUPPLY AND WAYS AND MEANS. 
 
 not expended within the financial year, and still required 
 for the public service, are re-voted, in whole or in part, 
 in the estimates when they are brought down in the fol- 
 lowing year — the printed copies of the estimates having 
 a column, when necessary, to indicate the amount of this 
 re-vote.^ 
 
 A detailed statement of all unforeseen expenditures, 
 made under order of council, is also laid before parliament 
 during the first fifteen days of each session.^ 
 
 In the session of 1880 the committee of public accounts, 
 to whom the report of the auditor-general is always 
 referred, considered several matters therein mentioned, 
 and made the following, among other recommendations, 
 which were formally adopted by the House.^ 
 
 Orders concerning Grants of Supply. 
 
 1. The description of the service for which a vote is given 
 should be as definite as is practicable, so that no one vote may 
 be applicable to the same purpose for which another vote is 
 given. 
 
 2. The description of the sub-heads into which votes are 
 divided should be as definite as is practicable, so as to avoid 
 questions as to the particular sub-head to which any particular 
 item of expenditure should be charged. 
 
 3. The supplementary votes * should be divided as near as may 
 be into the same sub-heads as the main votes to which they are 
 supplementary. 
 
 4. Where large votes are taken, it is desirable to divide them 
 
 Can. c. 29, s. 32. This power of issuing governor-general's warrants 
 should be exercised with great caution, and strictly within the limita- 
 tions of urgency and necessity expressly laid down in the statute. See 
 debate on this important subject in the Can. Hans., Aug. 27, 1891. 
 
 1 See estimates for 1883 in Sees. P. for 1882, No. 2, pp. 44-5, &c. 
 
 ^ This statement appears in accordance with the provisions of the 
 appropriation act of every year. Can. Com. J. (1890), 17 ; 52 Vict., c. 1. 
 
 » Can. Com. J. (1880), 183. 
 
 * The reference here is to the supplementary estimates brought down 
 with, or subsequent to, the main estimates. 
 
AUDIT OF APPROPRIATION ACCOUNTS. 581 
 
 into sub-heads, so as to give in the estimates as much detailed 
 infomation as is possible. 
 
 5. Votes which are intended as grants to institutions or 
 individuals should be distinctly so specified ; and no vote should 
 be considered as so intended unless so specified, 
 
 6. The supply bill should contain the sub-heads of the votes 
 on which it is based. 
 
 T. It is the duty of those responsible for the estimates to make 
 the calculations on which the main vote and its sub-divisions are 
 founded as carefully and closely as practicable, and their atten- 
 tion to this duty will be increased by their being expected to 
 furnish reasons for discrepancies. 
 
 Previous to bringing down the foregoing report, the 
 committee recommended the auditing by the auditor- 
 general of the accounts of the two Houses for salaries 
 and contingencies, members' indemnity, printing and 
 library. These recommendations were immediately 
 adopted in the Senate and Commons. The committee, in 
 their second report, suggested that the Audit Act should 
 be so amended as to give effect to the recommendations 
 in question ; but parliament has not as yet taken any 
 steps in this direction.^ 
 
 1 Sen. J. (1880), 96-7 ; Com. J. 119, 125-6. See svpra, 207, 232. 
 
CHAPTER XVIII. 
 
 PUBLIC BILLS. 
 
 I. Explanatory. — II. Bills of appropriation and taxation must originate 
 in the Commons. — III. Introduction of bills. — IV. Bills relatins; to trade. 
 — V. Or involving public aid and charges on the people. — VI. Second 
 Eeading.— VII. Order for committee of the whole.— VIII. Instructions. 
 — IX. Reference to select committees. — X. Notice of proposed amend- 
 ments in committee. — XI. Bills reported from select committees. — XII. 
 Proceedings in committee of the whole. — XIII. Eeportsfrom such com- 
 mittees.— XIV.' Bills not referred.— XV. Third reading.— XVI. Motion 
 that the bill do pass.— XVII. Proceedings after passage ; amendments ; 
 reasons for disagreeing to amendments. — XVIII. Kevival of a bill tem- 
 porarily superseded. — XIX. Introduced by mistake. — XX. Expedition 
 in the passage of bills. — XXI. Once introduced not altered, except by 
 authority of the House.— XXII. Correcting mistakes during progress.— 
 XXIII. Loss of a bill by accident during a session. — XXIV. Once re- 
 jected not to be again offered in the same session ; exceptions to general 
 rule. — XXV. Eoyal assent; changes in governor-general's instructions 
 as to reserving certain bills ; assent always given in the presence of the 
 two Houses ; cases of bills assented to by error. — XXVI. The assent in 
 the provincial legislatures. — Practice of reserving and vetoing bills. — 
 XXVII. Amendment or repeal of an act in same session. — XXVIII." 
 Commencement of an act. — XXIX. The statutes and their distribution. 
 
 I. Explanatory.— According to parliamentary practice a 
 bill is an incomplete act of parliament. It is only when 
 it receives the assent of all the branches of the legislative 
 power that it becomes the law.' A bill is, generally 
 speaking, divided into several distinct parts : 1. the title ; 
 
 2. the preamble and statement of the enacting authority ; 
 
 3. the body of the act, consisting of one or more proposi- 
 tions, known as clauses ; 4. the provisions, and 5. the 
 
 ' Sweet's Law Dictionary. Stephen's Comm. ii, 397 et seq. 
 
PREAMBLE— ENACTING AUTHORITY. 583 
 
 schedules.' The provisos and schedules may not be 
 necessary in every act, while public statutes frequently 
 omit any preamble, or recital of the reasons of the enact- 
 ment, and contain only a statement of the enacting 
 authority. The Interpretation Act ^ provides : 
 
 1. " The following words may be inserted in the preambles of 
 statutes and shall indicate the authority by virtue of which they 
 are passed: " Her Majesty, by and with the advice and consent 
 of the Senate and House of Commons of Canada, enacts as fol- 
 lows : 
 
 2. " After the insertion of the words aforesaid which shall fol- 
 low the setting forth of the considerations or reasons upon which 
 the law is grounded, and which shall, with these considerations 
 or reasons, constitute the entire preamble, the various clauses of 
 the statute shall follow in a concise and enunciative form." ' 
 
 The only exception to this form of enactment is the 
 preamble of the supply bill, which is in the form of an 
 address to the queen : 
 
 "Most gracious Sovereign: whereas it appears by messages 
 from his Excellency the Governor-General, and the estimates 
 accompanying the same, that the sums hereinafter mentioned 
 are required to defray certain expenses of the public service of 
 the dominion, not otherwise provided for, for the financial years, 
 etc. 
 
 " May it therefore please your Majesty that it may be enacted ; and 
 be it enacted by the Queen's Most Excellent Majesty, by and with 
 
 ^ See 46 Vict. c. 30 (Liquor License Act, 1883), which contains all the 
 parts of a complete act as given in the text. 
 
 ^ 31 Vict. c. 1, " An act respecting the statutes of Canada," Eev. Stat, of 
 Can., c. i. 
 
 ^ In acts of Ontario, Quebec, Manitoba, and British Columbia, her Ma- 
 jesty's name is used as in acts of the dominion parliament. In Nova 
 Scotia, New Brunswick and P. E. Island, bills are enacted by the lieut- 
 nant-governor (governor simply in the former province) council and as- 
 sembly. In the Northwest territories, ordinances are now enacted by 
 the lieutenant-governor, by and with the advice and consent of the legis- 
 lative assembly (formerly with the consent of the council). The same 
 practice was followed in the legislatures of the old provinces before con- 
 federation. 
 
584 PUBLIC BILLS. 
 
 the advice and consent of the Senate and House of Commons of 
 Canada." 
 
 This preamble appears in all bills of appropriation since 
 the union of Canada in 1840/ and differs from the English 
 form in similar bills since it does not assert in express 
 terms the sole right of the Commons to grant supply. The 
 preamble of the English act sets forth : 
 
 " "We your Majesty's most dutiful and loyal subjects, the Com- 
 mons of the United Kingdom of Great Britain, in parliament 
 assembled, towards making good the supply which we have 
 cheerfully granted to your Majesty in this session of parliament, 
 have resolved to grant unto your Majesty the sums hereinafter 
 mentioned, and do therefore most humbly beseech your Majesty that 
 it may be enacted; and be it enacted by the Queen's Most Excel- 
 lent Majesty, by and with the advice and consent of the Lords, 
 spiritual and temporal, and Commons," etc. 
 
 It will be seen that the form of the enacting authority 
 is substantially the same in each, and differs from that of 
 bills in general since it contains a prayer to her Majesty, 
 that it may be enacted. This form appears to be derived 
 from the old practice of the English Commons centuries 
 ago, when bills were presented in the shape of petitions 
 to the king. "While the language of a petition is still 
 retained as above in certain bills, the declaration of the 
 advice and consent of the two houses of parliament has 
 been added in the course of time in accordance with the 
 modern form of statutes.^ 
 
 ' Before the union,the preamble in appropriation acts of the old assem- 
 blies of Lower and Upper Canada contained no reference to the gover- 
 nor's message, but this was the only diflFerence in form. Upp. Can. Stat. 
 3 Will. IV., c. 26; Low. Can. Stat. 41 Geo. III., c. 17. After the union, 
 the messages of the governor-general, recommending supply ,were always 
 mentioned in the preamble of the act ; Can. Stat. 4 and 5 Vict. c. 12. 
 
 ^ See on this subject, which is interesting to students of legal archseology, 
 an elaborate preface by Owen Ruflfhead, to the first volume of his edition 
 of the statutes at large. Towards the close of the reign of Henry VL, 
 bills in the form of acts, according to modern custom, were first intro- 
 duced. Cushing, pp. 796, 819 ; Stephen's Comm. ii., 399. 
 
MONEY OB TAX BILLS. 585 
 
 Bills are divided into two classes. The first class com- 
 prises all bills dealing with matters of a public nature, 
 and may be introduced for the most part directly on 
 motion. The second class comprises such bills as relate 
 to the afiairs of corporations or of individuals, and can be 
 presented only on the petition of the parties interested, and 
 in conformity with certain standing orders which are 
 always strictly enforced. It is proposed in the present 
 chapter to deal exclusively with public bills. Another 
 part of this work will be devoted to the rules and prac- 
 tice governing the introduction and passage of private 
 bills. 
 
 II. Appropriation and Taxation Bills- -As a general rnle, pub- 
 lic bills may originate in either House ; but whenever 
 they grant supplies of any kind, or involve directly or in- 
 directly the levying or appropriation of any tax upon the 
 people, they must be initiated in the popular branch, in 
 accordance with law and English constitutional practice.^ 
 Section 53 of the British North America Act, ISGY, ex- 
 pressly provides : 
 
 " Bills for appropriating any part of the public revenue, or for 
 imposing any tax or impost shall originate in the House of Com- 
 mons." 
 
 And a standing order of the House of Commons declares 
 explicitly : 
 
 " All aids and supplies granted to her Majesty by the parlia- 
 ment of Canada are the sole gift of the House of Commons, and 
 all bills for granting such aids and supplies ought to begin with 
 the House, as it is the undoubted right of the House to direct, 
 limit, and appoint in all such bills, the ends, purposes, considera- 
 tions, conditions, limitations and qualifications of such grants 
 which are not alterable by the Senate." ' 
 
 1 3 Hataell, 126, 154, 155, &c. Bramwell, 1. 150. 
 
 ^ This standing order is literally taken from the English resolution of 
 3rd of July, 1678 (9 E. Com. J. 235, 509). It was amended by the English 
 
586 PUBLIC BILLS. 
 
 If any bills are sent down from the Senate with clauses 
 involving public expenditures or public taxation, the 
 Commons cannot accept them. Such bills may be ordered 
 to be laid aside.' The same practice is also strictly carried 
 out in the case of amendments made by the Senate to 
 Commons bills. Latterly, however, it is not always 
 usual to lay such bills immediately aside, but to send 
 them back to the Senate with reasons for disagreeing to 
 such amendments, so that the Upper House may have an 
 opportunity of withdrawing them.^ As an illustration of 
 the strictness with which the Commons adhere to their 
 constitutional privileges in this respect, it may be men- 
 tioned that on the 23rd of May, 18*74, a bill was returned 
 from the Senate, with an amendment providing for an in- 
 crease in the quantity of land granted to certain settlers 
 in the Northwest. The premier and other members 
 doubted the right of the Senate to increase a grant of land 
 — the public lands being, in the opinion of the House, in 
 the same position as the public revenues. The amend- 
 ment was only adopted with an entry in the journals that 
 the Commons did not think it " necessary at that late 
 period of the session, to insist on its privileges in respect 
 thereto, but that the waiver of the said privileges was not 
 to be drawn into a precedent." ^ Many other entries will 
 also be found of the House accepting Senate amendments, 
 rather than delay the passage of a bill at an advanced 
 
 Commons in 1860, when the Lords rejected the Paper Duties Repeal Bill 
 so as to assert more emphatieally the constitutional rights of the Commons 
 in this particular. 159 E. Hans. (3), 1383; May, 649-50; Todd, Pari. 
 Govt, in England, i., 810. The same resolution always appeared among 
 the rules of the old legislative assemblies of Canada. Low. Can. Ass. J. 
 19th April, 1793. Leg. Ass. J. (1841), 43. 
 
 1 Railway Audit Bill (1850), 105 E. Com. J. 458 ; Parochial schoolmasters 
 (Scotland Bill), 1857 ; 112 lb. 404. May, 643. 
 
 ^ Can. Com. J. (1873), 429-30, Quebec harbour bill. The Senate did not 
 insist, 431. 13 E. Com. J. 318 ; 105 Ih. 518. 
 
 ' Can. Com. J. (1874), 336. Since then all grants of public land are 
 initiated in the Commons. See infra, 
 
PECUNIARY PENALTIES AND FEES. 58*7 
 
 period of the session.^ It is quite regular, however, to 
 agree to amendments -which " affect charges upon the 
 people incidentally only, and have not been made with 
 that object." ' 
 
 In order, however, to expedite the business of the 
 House, the Commons have adopted the following rule : 
 
 " 90. The House will not insist on the privilege claimed and 
 exercised by them of laying aside bills sent from the Senate 
 because they impose pecuniary penalties; nor ©f laying aside 
 amendments made by the Senate because they introduce into or 
 alter pecuniary penalties in bills sent to them by this House. 
 Provided that all such penalties thereby imposed, are only to 
 punish or prevent crinjes and offences, and do not tend to lay a 
 burden on the subject, either as aid or supply to her Majesty, or 
 for any general or special purposes by rates, tolls, assessments or 
 otherwise." 
 
 The foregoing rule does not, however, as clearly state 
 the actual practice as the English standing orders. Under 
 these the House does not insist on its " ancient and un- 
 doubted privileges : " 
 
 " 1. When the object of such pecuniary penalty or forfeiture 
 is to secure the execution of the act, or the punishment or pre- 
 vention of offences. 
 
 " 2. Where such fees are imposed in respect of benefit iaken, 
 or service rendered under the act, and in order to the execution 
 of the act, and are not made payable into the treasury or ex- 
 chequer, or in aid of the public revenue, and do not form the 
 ground of the public accounting by the parties receiving the 
 same, either in respect of deficit or surplus. 
 
 " 3. When such bill shall be a private bill for a local or per- 
 sonal act.'" 
 
 1 Can. Com. J. (1867-8), 418, 420; lb. (1873), 319. In cases where the 
 amendments do not infringe materially on the Commons' privileges, it is 
 also usual in the English Commons to agree to them with special entries. 
 80 E. Com. J. 579, 631; 122 lb. 426, 456. 
 
 ^ 3 Hatsell, 155 ; E. Com. J., prisoners removal bill, 1849 ; industrial 
 schools bill, 1861. 
 
 ' 104 E. Com. J. 23. See debate in Senate on marine electric telegraph 
 
588 PUBLIC BILLS. 
 
 On the same principle the Lords or the Senate may 
 originate bills applying the money of public corpora- 
 tions, or any moneys which do not form part of the 
 public revenue or arise from public taxation, and which are 
 not part of the consolidated fund and in the treasury. In 
 18*78 a bill applying a million of pounds from the surplus 
 revenues of the disestablished church of Ireland to inter- 
 mediate education was received from the Lords and passed 
 the English Commons without objection.^ 
 
 It is frequently found convenient to introduce bills in- 
 volving public expenditure in the Senate, and in such 
 a case, the money clauses are embodied in the bill as pre- 
 sented, in order to make it more intelligible. "When the 
 Senate goes into committee on the bill, these clauses are 
 ordered to be left out. They are printed in red ink or 
 italics in the engrossed bill sent up to the Commons, and 
 are technically supposed to be blanks. These clauses 
 are always considered in a previous committee by the 
 Commons, and then regularly referred to the committee 
 of the whole on the bill.^ In the same way, resolutions 
 imposing a tax or duty must be alone considered by 
 the Commons, and referred to the committee on a Senate 
 bill.' 
 
 III. Introduction of Bills.— In the Senate it is not necessary 
 to give notice, or ask leave to bring in a bill. Their rules 
 provide : 
 
 bill, 1875, pp. 422-3. Also private bills, infra, chap, xxi., s. i., where it is 
 shown that the Senate may pass rates of tolls. 
 
 ' May, 522 ; Ecclesiastical Commissioners (England) Bill, 1843 ; Waste 
 Lands (Australia) Bill, 1846. 
 
 2 Census and statistics bill, 1879. Sen. Min. of P., 144, 148 ; clauses 22, 
 23, 24, 37 ; Com. J., 160. County court judges bill, 1882 ; Sen. Min. of P., 
 108, clauses 10 and 11 ; Com. J., 370-71. See also the journals of 1883 for 
 civil service act, superannuation act and penitentiaries act. For a some- 
 what similar procedure in the English parliament, see British North 
 America act, 1867, introduced first in Lords ; and Probates act, 1858. 
 
 " Copyright bill (1872), 285. In this case the duty was imposed for the 
 benefit of owners of British copyright works. 
 
INTRODUCTION. 589 
 
 :-^9. " It is the right of every Senator to bring in a bill.'" 
 40. " Immediately after a bill is presented, it is read a first 
 time and ordered to be printed."^ 
 
 On the other hand in the House of Commons it is or- 
 dered : 
 
 39. " Every bill shall be introduced upon motion for leave, 
 specifying the title of the bill ; or upon motion to appoint a com- 
 mittee to prepare and bring it in." 
 
 In accordance with this rule, every member who wishes 
 to introduce a public bill, must give two days' written 
 notice of its title,^ which appears in the votes and since 
 1880, on the orders of the day.' If the notice is not given, 
 it is open to any member to object to the introduction of a 
 bill, and the speaker will sustain the objection.^ When 
 the two days' notice has been given, the member in charge 
 of a public bill rises as soon as motions for public bills 
 are called in the course of the day's routine proceedings, 
 and moves formally for " leave to introduce a bill, in- 
 tituled, etc." He sends to the speaker the motion in 
 writing with a copy of the bill. The speaker will then 
 propose the question. " Is it the pleasure of the House 
 that the honourable member have leave to introduce his 
 bill ?" * But if the speaker finds that the bill is " in blank 
 or in an imperfect shape " he will decline to put the 
 question and will return the bill to the member who 
 must take another opportunity of bringing it up in con- 
 formity with the rules.^ It is usual on the introduction 
 
 1 Similar practice in Lords ; 3 E. Hans. (3), 24 ; 13 Ih. 1188. Sen J. 
 (1878), 88. ■' B.. Zl; mpra, Z%8. 
 
 ^ Can. Hans- (1880), 79 (remarks of Mr. Helton). Private bilk are called 
 when " motions " are reached ; they require no notice on the paper, as the 
 petition, which is reported on by the Standing Orders Committee is the 
 notice ; infra, chap, xx,, s. 6. Public Bills are now introduced when the 
 speaker calls for the " introduction of bills "—the proceeding following 
 '' motions " of a general character. 
 
 * Can. Hans. (1878), 2226. Building societies bill (proposed introduc- 
 tion irregular). 
 
 5 B. 40 ; Can. Speak. D., No. 50; Can. Hans. (1878), 1583. 
 
690 PUBLIC BILLS. 
 
 of a bill — on the motion for leave — to explain clearly and 
 succinctly its main provisions ; ^ but it is not the practice 
 to debate it at length at that stage, such discussion being 
 more properly and conveniently deferred to the second 
 reading when the bill is printed and the House is in a 
 position to discuss its principle. Sometimes, however, a 
 short discussion may arise on some features of the bill on 
 the motion for its introduction, as there is no rule to pre- 
 vent a debate.^ At this stage, it is within the right of any 
 member to submit an amendment to the motion for leave, 
 and even to alter the title of the proposed bill,^ though 
 such a course is very seldom followed. As in England, it 
 is now a very rare thing for the House to refuse leave, 
 though, of course, it rests entirely in the discretion of the 
 majority to do so."* When leave has been formally given 
 the speaker will propose the next question in accordance 
 TA^ith rule 42 : 
 
 " When any bill shall be presented by a member, in pursuance 
 of an order of the House, or shall be broughtfrom the Senate,the 
 question, ' That this bill be now read a first time,' shall be decided 
 without amendment or debate.'' 
 
 Thereupon one of the clerks will read the title of the 
 bill in English and French, in accordance with the modern 
 practice which does not require a reading m exlenso? 
 
 1 159 E. Hans. (3), 360, 762 ; 218 lb. 1699, 1 706 ; 144 lb. 329, 422 ; Can. 
 Hans. (1878), 1582-1584; Sefi. Deb. (1878), 160. 
 , •■' 219 E. Hans. (3), 379 ; 144 26. 422-450 ; Sen. Deb. (1874), 112-119. 
 
 ' 107 E. Com. J. 68, 131. On the 20th of Feb., 1852, the title of the 
 mihtia bill was amended in this way, and the ministry, of which Lord 
 John Eussell was premier, resigned. In 1884, in the Canadian Commons, 
 an amendment was made to add words to the motion for leave, with the 
 view of condemning the proposed legislation ; Independence of parliament 
 amendment act, 4th March. 
 
 " Evidence of Sir T. E. May before Com. on public business, 22nd of 
 March, 1878, pp. 13, 15. 70 E. Com. J. 62 ; 71 lb. 430. 
 
 * The ancient usage of the English Parliament was to read bills at length, 
 but according as printing was freely used in the proceedings of the Houses, 
 the practice became obsolete ; and it is now considered quite sufficient to 
 
BILLS AFFECTING TRADE. 591 
 
 Though no amendment or debate is permissible on the 
 question for reading the bill a first time, it is quite regular 
 to divide the House thereon.' 
 
 IV. Bills relating to Trade— But here it is most convenient 
 to direct attention to the important fact that all public 
 bills cannot be introduced directly on motion in the vpay 
 just described. Bills relating to trade, or involving 
 expenditure and taxation, must be initiated in commit- 
 tee of the whole before the House will give leave for 
 their introduction. Eule 41 of the House of Commons 
 provides : 
 
 " No bill relating to trade or 1o the alteration of the laws con- 
 cerning trade, is to be brought into the House, until the proposi- 
 tion shall have been first considered in a committee." 
 
 It is quite allowable, however, to introduce bills relating 
 to trade in the Senate, without previously considering the 
 subject in a committee of the whole.^ 
 
 The rule, as generally understood in the Canadian House 
 — and English practice bears it out — simply requires the 
 House to go into committee to consider a general proposi- 
 tion, setting forth the expediency of bringing in a measure 
 on a particular question affecting trade.^ The object of 
 
 read a bill in short, that is by the title. 178 E. Hans. (3), 181 ; 192 lb. 
 322. For the first time for many years, a bill w.as read at length in 1878 
 in the Canadian Commons, on the occasion of its introduction ; but the 
 speaker subsequently pointed out that the practice was not now allowable. 
 In this case, members were not satisfied with the explanations given on 
 the motion for leave, and wished to have more information with respect 
 to the bill; Can. Hans. 1878, April 2nd, election bill (Mr. Macdougall). 
 It is always competent, however, for a member to move formally that a 
 bill be read at length ; 192 E. Hans. (3), 323. 
 
 1 107 E. Com. J. 174, 201; Can. Com. J. (1877), 143, 144, 169. 
 
 ^ Sen. J. (1867-8), 102. But a Lords S. 0. requires that every bill regu- 
 lating a trade shall be considered by a select committee before it can be 
 read a second time. 68 Lords' J. 836 ; 89 Ik. 192. 
 
 3 Can. Speak. D., 24th of March, 1882 ; 120 E. Hans. (3), 784; Bourke's 
 Precedents, p, 349 ; Can. Com. J. (1874), 135, &c. ; 129 E. Com. J. 31, 109. 
 
592 PUBLIC BILLS. 
 
 the rule is to givQ another stage for consideration of a 
 measure involving commercial interests. 
 
 Both, in the English and Canadian Commons the rule, 
 just cited, has been held to apply to trade g-e«era%, as well 
 as to any particular trade, if directly affected by a bill.' 
 It has also been decided that to bring a bill under the 
 rule it should properly propose to regulate trade as a 
 subject-matter.^ Some diversity of practice has, however, 
 arisen at different times on account of a variance of 
 opinion as to the proper application of the rule. The fol- 
 lowing precedents will show how it has been worked 
 out : 
 
 Mr. Speaker Coiikburn held that the term trade " does not, in 
 its general and popular sense, apply to insurance. Trade means 
 buying, selling, importing and exporting goods to market. Bank- 
 ing, railways, navigation and telegraphs, in his opinion, all assist 
 trade and are its auxiliaries, but are not branches of trade in the 
 popular sense.^ However, bills respecting insurance have been 
 indiiferently introduced on motion, or on resolutions adopted 
 in committee.* Bills respecting interest have been introduced 
 as a rule, on motion in the English as well as Canadian Commons." 
 In 1874 Mr. Anglin decided that general banking bills ought to 
 be based on resolutions '' — a decision in accordance with the 
 practice of the English parliament," which is, however, variable, 
 
 1 May, 530. 
 
 ^ Can. Speak. D. 193 ; Jour. (1872), 120. 
 
 ' Can. Speak. D., No. 177; Jour. (1870), 313, 314, 348. 
 
 * Can. Com. J. (1874), 131 ; lb. (1877), 64. But legal authorities call 
 insurance business a " trade " and insurance companies " traders." Doutre, 
 Const, of Canada, 274-6, citing the opinion of several judges. See also 38 
 Vict., c. 16, s. 1, applying to "traders and trading companies, except in- 
 surance companies." The correct practice, no doubt, is to commence in 
 committee. A recent judgment of the Canada supreme court considers 
 that insurance falls under the constitutional provision affecting trade 
 and commerce. See supra, 95 et seq. 
 
 5 Can. Speak. D. No. 177 ; Can. Com. J. (1870), 313 ; lb. (1878), 31 ; lb. 
 (1879), 67. Bills in English House in 1839 and 1854 on motion. 
 
 <" Can. Com. J. (1874), 142. 
 
 ' 94 E. Com. J. 468 ; 100 lb . 468 ; 112 /6. 239 ; 136 lb. 13 ; 137 lb. 48. 
 
BILLS AFFECTING TRADE. 593 
 
 with respect to joint stock banks.^ Bills respecting insolvency 
 have been invariably introduced on motion for leave.^ Bills to 
 regulate the trafftc on railways and to protect the interests of 
 the public in connection therewith, have been almost invariably 
 brought in on motion f but in the session of 1877 a bill providing 
 for the more effectual observance by railway companies of the law 
 requiring the equality of treatment in the management of the traflSc 
 and the imposition of rates and tolls was founded on resolutions.* 
 Bills relating to jointstock and loan companies have been pre- 
 sented directly on motion f but in England bills relating to joint- 
 stock banks, companies, and partnership have frequently origin- 
 ated in committee.'' Bills respecting the inspection of staple articles 
 of Canadian produce have generally been founded on resolutions ; ' 
 but a bill to amend the same has been allowed on motion.* Bills to 
 regulate weights and measures have generally been founded on re- 
 solutions; ^ but in England, as well as in Canada,ithas been decided 
 that as such bills deal with questions of public policy, affecting 
 the whole community, and not merely the interests of trade, they 
 may be directly presented on motion for leave.^° Bills regulating 
 harbours," pilotage," and shipping j'^ and providing for the preser- 
 
 General banking bills are now always initiated in the Canadian Com- 
 mons by resolution in committee of the whole ; Can. Com. J. (1890), 209. 
 illlE. Com.J. 13, 37, 119. 
 
 ^ Speak. D. 193; Can. Com. J. (1873), 287; lb. (1876), 164; lb. (1877), 
 21. 71, 94 ; lb. (1878), 47 ; lb. (1879), 19, &c. 
 
 ' lb. (1873), 60, 118; lb. (1876), 70 ; lb. (1877), 159 ; lb. (1879), 301. 
 
 * lb. (1877), 272. But in England such bills have been always intro- 
 duced without a previous committee. 126 E. Com. J. 14; 128 i6. 27. 
 See 8 and 9 Vict., c. 20, and Jour, of 1845 (railways). 
 
 5 Can. Com. J. (1877), 28, 107, 258. 
 
 '= 111 E. Com. J. 13. 
 
 ' Can. Com. J. (1873), 127 ; lb. (1874), 184. 
 
 Ub. (1876), 76. 
 
 " lb. (1873), 83 ; lb. (1877), 291; lb. (1879), 287. 
 
 i» 114 E. Com. J. 235 ; 115 lb. 370 ; Can. Com. J. (1877), 44, 122. 
 
 " 117 E. Com. J. 271 ; Can. Com. J. (1873), 23, 55, 149 ; lb. (1877), 136. 
 A bill was withdrawn in 1879, because it was not founded on resolution. 
 Hans. 649. 
 
 12 Can. Com. J. (1873), 127; lb. (1877), 136, 2?2; lb. (1879), 290-1. 
 
 13 129 E. Com. J. 31 ; Can. Com. J. (1873), 24, 54, 245 ; lb. (1874), 185 ; lb. 
 (1878),108, 109, 1)6. 
 38 
 
594 PUBLIC BILLS. 
 
 vation of good order on board, and for the inspection and measure- 
 ment of steamers,' have always been based on resolutions passed 
 in committee. Bills respecting the culling and measurement of 
 timber should originate ic committee of the whole.^ Bills respect- 
 ing patents ^ and copyright* have been presented without a com- 
 mittee. Bills respecting bills of exchange and promissory notes 
 need not originate in committee of the whole, unless they impose 
 stamp duties.^ A bill to regulate the sale and disposal of bottles 
 used in the manufacture of mineral water and other drinks has 
 not been allowed to pass a second reading because it was not 
 commenced in committee of the whole." A bill to prevent 
 fraud in the sale of agricultural fertilizers has originated in com- 
 mittee.' Bills to regulate generally the sale or prohibit the 
 traffic in intoxicating liquors should originate in committee ; " 
 but bills which prevent liquor traffic on Sundays^ have been re- 
 garded as measures of public concern and order, which do not 
 
 ' Can. Com. J. (1873), 23; Ih. (1877), 117, 118, 222. 
 
 "^ Can. Speak. D., No. 104 ; Can. Com. J. (1877), 207. 
 
 ' Can. Com. J. (1873), 166. In 1872 a bill to amend and consolidate 
 patent laws was based on resolution ; and subsequently the same resolu- 
 tion was referred to the committee on the bill, on the ground, apparently, 
 that it imposed fees- This was clearly an irregularity ; and indeed it was 
 not necessary to consider in a previous committee resolutions imposing, 
 mere fees, necessary to the execution of an act and for services performed, 
 if the English practice had been followed. Imp. Stat. 15 & 16 Vict., c. 83 
 (107 E. Com. J. 313) was brought from the Lords with fees provided in 
 schedule. A resolution to impose duties on stamps was only considered 
 in committee and referred to the committee of the whole on the bill. 
 
 * Mirror of P., 1840, p. 1110 ; 129 E. Com. J. 287- 
 
 5 Can. Com. J. (1870), 33,53; lb. (1872), 125; lb. (1873), 41, 175. Also 
 in 1874, 1875, 1879, 1882. See Can. Hans.,- April 24, 1878. 
 
 « Can. Com. J. (1878), 146. 
 
 ' lb. (1884), 65. 
 
 8 125 B. Com. J. 62 ; 129 lb. 31, 49, 109, 158 ; 132 lb. 11, 12 ; Can. Speak. 
 D. 22; Leg. Ass. J. (1855), 957-8; Can. Com. J. (1883), 377. In the last 
 case, the liquor license bill was framed in a select committee and reported 
 to the house ; but it was thought expedient to comply with the express 
 terms of the rule and first pass a resolution in committee of the whole 
 before formally bringing in the bill. Hans. 234 (Mr. Casgrain). In 1885 
 a bill to suspend certain portions of the Liquor License Act of 1883 was 
 initiated in committee ; Can. Com. J., 322. 
 
 ' See English Commons journals for 1855, 1863, 1868, 1878, 1881, &c. 
 
BILLS AFFECTINO TRADE. 595 
 
 ■come under this rule. On the other hand, bills to regulate fairs 
 iind markets and to prevent trading on Sunday, have been al- 
 lowed to be introduced without a previous committee on the 
 ground that they were matters of police regulation and public 
 ■decency.' Bills regnlatinsc the importation of cattle, with the 
 view of preventing the spread of contagious diseases, are always 
 initiated in committee of the whole.'' Bills to amend or consoli- 
 -date the customs act- are always founded on resolutions.'^ Bills 
 xeducing duties of customs oi'iginate invariably in committee on 
 the ground evidently that all such measures affect trade.* Bills 
 to grant certificates to peddlers,!* and to regulate the sale of 
 poisons " have not required committees. A bill to regulate the 
 dimensions of apple barrels has originated in committee; ' also 
 one to regulate the sale of fertilizers ; ° also to regulate the sale and 
 manufacture of oleomargarine and buttei-ine.' A bill for regula- 
 ting the employment of children in factories is not such a bill 
 a-elating to trade as to require it to originate in committee.'" 
 Bills to prevent adulteration of food, etc., have been brought in 
 •on motion. " 
 
 The rule does not apply to bills that originate in the 
 
 • May, 532. Sunday trading bills, 1833, 1863, 1868, &c. Fairs and 
 'markets (Ireland) bill, 1854, 1855, 1857 and 1858. 
 
 ^ 103 E. Com. J. 857; 121 lb. 55 ; 125 Ih. 267. In 1879, a bill respecting 
 the contagious diseases of animals was brought in on simple motion by 
 the minister of agriculture ; but the irregularity having been discovered 
 in time, he withdrew the bill and brought in another, based on resolutions. 
 Jour. 114, 136. This act prohibited importation; 42 Vict., c. 23. In the 
 English Commons the sheep and diseases Bill of 1848, being merely 
 sanitary, was brought in without a committee ; 103 E. Com. J. '863 ; May, 
 -531, 532. 
 
 3 Can. Com. J. (1877), 129. 
 
 '' For instance, bills to repeal customs in Isle of Man, 125 E. Com. J. 96 ; 
 to repeal duties on soap, 108 lb- 590 ; shipping dues exemption act, 125 
 lb. 303. 
 
 5 125 E. Com. J. 309. 
 
 " 125 16. 187. 
 
 ' Can. Com. J. (1876), 248-9. 
 
 " lb- (1880), 154-5; lb. (1885), 277. 
 
 « lb. (1886), 125. 
 
 '« 72 E. Hans. (3) 286. 
 
 " Can. Com. J. (1884), 177, 188. When the bill imposes license dues, it 
 originates in committee ; lb. (1877), 155. 
 
596 PUBLIC BILLS. 
 
 Senate, for the reason as stated by Mr. Speaker Denison : 
 " The object of the rule that bills relating to trade should 
 be founded on a resolution of a preliminary committee is in 
 order to give opportunity for a fuller discussion and a wider 
 notice to the persons interested. These objects have been 
 already secured by the proceedings in the other House." ' 
 "When resolutions relating simply to trade have been 
 reported from committee of the whole, they may be at 
 once agreed to, and the bill introduced in accordance 
 therewith.^ The rule requiring the adoption of resolutions 
 on another day only applies to money or tax resolutions.' 
 
 V. Bills mvolvingPublic Aid or Charges.— It is the invariable 
 rule that all measures involving a charge upon the people, 
 or any class thereof, should be first considered in a com- 
 mittee of the whole. Rule 88 orders : 
 
 " If any motion be made in the House for any public aid or 
 charge upon the people, the consideration and debate thereof may 
 not bo presently entered upon, but shall be adjourned until such 
 future day as the House may think fit to appoint; and then it 
 shall be referred to a committee of the whole House, before any 
 resolution or vote of the House do pass thereon."* 
 
 Under this rule, all bills providing for the payment of 
 salaries or for any expenditure whatever out of the public 
 funds of the dominion must be first considered as resolu- 
 tions in committee of the whole.^ And all such resolu- 
 tions necessary to the introduction of a bill, must first 
 obtain the recommendation of the governor-general." 
 
 1 172 E. Hans. (3), 1221 ; Can. Com. J. (1885), 422. Nor is a previous 
 resolution necessary for a consolidation of existing laws ; but in case of 
 changes, then it would be required; 57 E. Hans. (3) 587. For consolida- 
 tion, see bill respecting infectious or contagious diseases, 1885. 
 
 ^ Contagious diseases, weights and measures bills, 1879. 129 E. Com. 
 J. 31, &c. ^ May, 539. See supra, 488. 
 
 ' Res. of 1667 ; 3 Hatsell, 176 ; 150 E. Hans. (3), 911, 912. Such a 
 motion cannot be discussed on the same day it is first presented ; 164 lb. 
 (3) 996. Can. Pacific Res. Dec. 13, 1880-81 ; 1st Feb., 1884. 
 
 5 Can. Com. J. (1873), 399 ; lb. (1876) 84 ; lb. (1877) 200 ; lb. (1879) 313. 
 
 * See chapter xvii., ss. 2 and 3. 
 
MONEY OR TAX BILLS. 59Y 
 
 It often happens that bills are introduced with certain 
 clauses providing for salaries or other charges on the 
 public revenue, and in that case the bill may be intro- 
 duced directly on motion, while the clauses in question 
 (which should be distinguished by italics or brackets) are 
 considered in the shape of resolutions in committee, and 
 when agreed to, referred to the committee on the bill.^ 
 " Such clauses," said Mr. Speaker Brand on one occasioa, 
 " form no part of the bill as originally brought in, but 
 are considered as blanks. Before any sanction is given 
 to them, the recommendation of the Crown must be signi- 
 fied and a committee of the whole House consider on a 
 future day the resolution authorizing the charge. Unless 
 these proceedings are taken the chairman, under the 
 standing orders, will pass over the money clauses without 
 any question. Without such preliminary proceedings, the 
 bill, so far as the public money is concerned, is entirely 
 inoperative."^ But it must be carefully borne in mind 
 that this can only be regularly done when the money 
 clauses are merely a part, and necessary to the operation 
 of the bill. Whenever the main object of a bill is the pay- 
 ment of public money, it must directly originate in com- 
 mittee of the whole ; or else the proceedings will be null 
 and void the moment objection is taken.^ In the session 
 of 1874 one of the ministers introduced on motion a bill 
 to appropriate certain lands in Manitoba, but objection 
 was taken on the ground that all bills granting any part 
 of the public domain should originate in the shape of 
 resoltitions, like all measures for the expenditure of public 
 moneys. Accordingly he withdrew the bill, and intro- 
 duced a series of resolutions on which he founded a bill.* 
 
 1 May, 533. Can. Com. J. (1872), 170 ; lb. (1873), 269, 400 ; lb. (1877), 
 128; lb. (1883), 228. 
 
 ^209E. Hans. (3), 1950-53. 
 
 « Can. Com. J. (1877), 200; lb. (1879), 313. 
 
 * lb. (1874), 112. Also, see a case in which a Canadian speaker 
 (Sp. D. No. 121) decided that a private bill containing clauses granting 
 
598 PUBLIC BILLS. 
 
 All bills conveying grants of land now originate in com- 
 mittee and receive the previous assent of the Orow^n? 
 A bill transferring a government railway to a company- 
 has also been proceeded with in tLe same way.^ The 
 rule also applies to releasing or compounding any sum of 
 money due to the Crown.' 
 
 The rule just cited also applies to the imposition of any 
 state tax or charge upon the people or any class thereof.* 
 But it is not held to apply to pecuniary penalties neces- 
 sary to the operation of a bill.^ In the Canadian House 
 it is the practice to consider all fees and expenses imposed 
 by a bill previously in a committee of the whole ; * but 
 such bills are received from the Senate in conformity 
 with the English practice which allows the House to 
 accept any clauses from the Lords which refer to tolls and 
 charges for service performed and which are not in the 
 
 public lands in aid of its object should originate in committee of th& 
 whole. On the 7th March, 1878, resolutions granting certain lands for rail- 
 way construction were referred to a committee of the whole, having first 
 received the recommendation of the governor-general. 
 
 1 Can. Com. J. (1885), 604 ; lb. (1886), 295; lb. (1890), 465. When a 
 member has proposed an increase of the grant, be has been ruled out of 
 order; /6. (1885), 626, 627. 
 
 ' Truro & Pictou E. K. Can. Com. J. 1877, pp. 94, 134. 
 • ' English S. 0., 20th of March, 1707. See Can. Com. J. (1889), 319 ; 
 supra, 533. 
 
 * 174 E. Hans. (3), 1700-1. Can. Com. J. (1870), 283. In 1886, a bill, in 
 efiect increasing the indemnity to members was not allowed to proceed ; 
 Can. Hans., 38. The same occurred in case of another bill that proposed 
 to give power to assess officials of the dominion government. lb. (1889),367 
 
 ^ Post-office act, 1867-8, s. 81, &c. ; wharves and docks bill, 1875 ; gaming- 
 houses bill, 1877. In England same practice obtains : petroleum billr 
 1871 ; act granting certificates to peddlers, 1870 ; small penalties in Ireland 
 bill, 1873, &o. 
 
 « Can. Com. J. (1874), 195, election law; lb. (1876), 83; lb. (1879), 253- 
 55, 346-7, 368. It was a practice in the Canadian House in the case of 
 bills containing clauses imposing fees and charges which go into the 
 treasury, to consider such clauses in a previous committee and to refer 
 them, when agreed to, to the committee on the bill. Can. Com. J. (1870), 
 242,314; lb. (1872), 254. 
 
BILLS IMPOSING CHARGES. 599 
 
 nature of a tax.^ The correct practice, as in the English 
 Commons, is not to require a previous committee when the 
 bill exacts fees for services performed, and w^hen they are 
 not payable into the treasury or in aid of the public 
 revenue. For instance, the " act to regulate expenses and 
 control charges of returning officers at parliamentary elec- 
 tions" (38 and 39 Vict., c. 84 Imp. Stat.) contains a schedule 
 of charges and expenses, which was not previously con- 
 sidered in committee.^ But when any payment is made 
 out of the consolidated revenue fund, or out of moneys 
 to be provided by parliament, the clauses providing for 
 such payment must be first considered in committee. 
 Under the act just cited, the candidates pay expenses ; 
 but in another act providing for the trial of controverted 
 elections by judges, the clauses paying judges and ex- 
 penses were first considered in committee, as such pay- 
 ments are made out of the public funds.' The following 
 precedents illustrate the correct practice in cases of fees : 
 
 In 1883, tho Liquor License Act contained a clause providing 
 for the payment of certain fees by persons receiving licenses 
 under the act. These fees, together with fines and penalties, 
 form a license fund, applied, under regulations of the governor 
 in council, for the payment of the salaries and expenses incurred 
 
 ^Supra,587. Patent bill, 1869 ; trade marks and designs bill, 1876. For 
 Imperial acts, see patent law amendment act, 1852 ; also, 16 and 17 Vict. 
 c. 78, commissioners under act relative to appointment of persons to ad- 
 minister oaths in chancery, &c. ; also 35 Vict, c. 1, s. 5, Dom. Stat. ; also 
 English railway bills imposing rates of tolls, 8 and 9 Vict, c. 10, s. 9(i; 21 
 and 22 Vict., c. 75- 
 
 ^ See also " Act granting certificates to peddlers," in which fees are paid 
 to police authorities ; 125 E. Com. J. 309 ; also 29 and 30 Vict., c. 36, assess- 
 ing railways by commissioners for special purposes ; also sec. 11 of 9 and 
 10 Vict., c. 105 ; 11 and 12 Vict., c. 48 ; 12 and 13 Vict., c. 77 ; also joint 
 stock companies act, 40 Vict., c. 43, s. 74, Dom. Stat. ; also railway acts 
 of 1868 and 1879 requiring a payment of $10 for each mile for a fund for 
 the purposes of the acts ; also Dominion Lands Act, 1886, allowing fees 
 for services performed ; also 151 E. Hans. (3), 1601 ; corrupt practices 
 prevention bill, 1858. 
 3 123 E. Com. J. 109, 312. 
 
600 PUBLIC BILLS. 
 
 under the law, and any residue was to be handed over to the 
 treasurers of the various municipalities, except in the case of un- 
 organized districts, where it should be paid to the receiver-gene- 
 ral. As these fees were only necessary to the execution of the 
 act, and were not intended to be in aid of the public revenue, no 
 previous committee was required.^ 
 
 In 1890, a bill to amend the Adulteration Act contained a 
 schedule of fees, but they were only in effect fines or penalties on 
 the seller of adulterated goods, and in any case the governor-in- 
 council had already power under the law to impose such fines, 
 and the bill merely fixed ihe amount.'' 
 
 On the other hand, in 1885, a bill provided a salary for a 
 harbour master at the port of Halifax, to be paid out of the fees 
 received by him. It was based on a resolution which passed in 
 committee of the whole and previously received the recommenda- 
 tion of the governor-general, since it used the public funds — all 
 the fees in question being made payable under the existing law 
 inio the public treasury.^ 
 
 Clauses in a bill, granting costs against the Crown or revenue 
 oflS.cers will not be entertained unless authorized by a prelimin- 
 ary committee.* 
 
 A bill to enable the government to take ground for public 
 purposes, but not providing the funds for the same, need not 
 originate in committee of the whole. The funds should be voted 
 afterwards in committee.'' 
 
 It has also been held that a bill merely declaratory 
 in its nature, and involving no new charge, need not 
 originate in committee of the whole.'' Neither is a com- 
 mittee necessary in the case of bills authorizing the levy 
 
 ' 46 Vict., c. 30, s. 56, &c. 
 
 2 See 53 Vict., c. 26,sched. 1. 
 
 » Can. Com. J. (1835), 433, 441. See lb. (1872), 170, 188 ; also, lb. (1888) 
 271 ; fees in this case under the Territories' real property act being made 
 payable into the treasury. 
 
 * May, 564 ; 166 E. Hans. (3), 1593. 
 
 '" Public offices (site and approaches) bill, 177 lb. 1301-1308. 
 
 " Bill to remove doubts as to the liability to stamp duties of premium 
 notes, taken or held by Mutual Fire Insurance companies. Can. Speak. 
 D 183. See also promissory notes bill. Can. Hans., April 24, 1878. 
 
BILLS IMPOSING CHARGES 601 
 
 or application of rates for local purposes by local authori- 
 ties acting in behalf of the ratepayers."' Nor does the 
 rule apply to bills imposing charges upon any particular 
 class of persons for their own use and benefit.^ Nor to 
 bills indemnifying members for penalties they may have 
 incurred for the violation of an act.' Nor to bills having 
 for their object the diminution or repeal of any public 
 tax,* provided such bills do not affect trade ; and then 
 they come under the special rule on that subject. As an 
 illustration of the strictness with which the Canadian 
 Commons observe the rules respecting trade, it may be 
 mentioned that in the session of 18*71, the House went 
 into committee on resolutions to exempt parafine wax, 
 lubricating oil, and other articles from excise duty, and to 
 reduce that duty on certain articles in the province of 
 Manitoba. When the House had agreed to these resolu- 
 tions, a bill was brought in ; but before it had gone 
 through committee, it was considered advisable by the 
 government to reduce the duty on certain spirits manu- 
 factured from molasses in bond ; and accordingly resolu- 
 tions were passed in committee, and when adopted by the 
 House, referred to the committee on the foregoing bill.'* 
 No previous vote in committee is necessary in the case of 
 bills authorizing payments out of moneys already appli- 
 cable to such objects,^ nor in the case of bills appropriat- 
 ing the proceeds of an existing charge.^ 
 
 Bills consolidating and amending statutes are frequently 
 brought into the House with clauses containing charges 
 
 ' 84 E. Com. J. 233; 94 lb. 363 ; 151 E. Hans. (3), 1519 ; 174 lb. 1701. 
 
 2 103 B. Com. J. 57 ; 105 lb. 54 ; May,, 536. 
 
 ' 175 E. Hans. (3), 83. See Dom. Stat. 34 Vict. c. 2 (indemnity act). 
 
 * E. Com. J. 1860 ; Paper duties bill; lb. 1858, bill to reduce duties on 
 passports. Can. Com. J. (1882), 87; bill to repeal duties on promissory 
 notes. 
 
 s Can. Com. J. (1871), 119, 120, 234. 
 
 « Public works (I.) act, 9 Vict. c. 1 ; May, 534. 
 
 ' Thames embankment bill, 1862 ; 165 Hans. (3), 1826. 
 
602 PUBLIC BILLS. 
 
 on the public revenue, but it is only when these clauses 
 impose new burthens that it is necessary to consider them 
 first in a committee of the whole. For instance, in the 
 session of 1883, the House passed " an act consolidating 
 and amending the several acts relating to the militia and 
 defence of the dominion." The bill, as introduced, con- 
 tained two classes of clauses aiFecting the public revenue : 
 1. Clauses taken from existing statutes. 2. Clauses entirely 
 new. As to the second class, there was no doubt that they 
 imposed a new burthen, and consequently resolutions 
 were at once introduced with the recommendation of the 
 governor-general, considered in committee of the whole, 
 and when agreed to by the House, referred to the com- 
 mittee on the bill. With respect to the first class of 
 clauses, they re-enacted simply the existing law and did 
 not create any new charge on the treasury ; and accord- 
 ingly no previous committee was considered necessary. 
 
 The object aimed at in such bills of consolidation is to 
 give the old law in a new and more convenient form of 
 reference ; and certain charges were merely continued, in 
 the bill in question, in accordance with law at that time 
 in force. The last clause of the act, in fact, expressly 
 declares : ''This act shall not be construed as a new law, 
 but as a consolidation of so much of the said act as is 
 hereby re-enacted." ^ 
 
 VI. Second Reading- — With these explanations as to certain 
 preliminary proceedings necessary to the introduction of 
 public bills, we can now refer to the difierent readings 
 and stages through which a bill must pass before it be- 
 comes law. 
 
 When the House has agreed to give a first reading to a 
 bill, the speaker will at once proceed to propose the next 
 motion : 
 
 " When shall the bill be read a second time ? " 
 
 ' 46 Vict., 0. 11, ss. 28-45 ; Can. Com. J. (1883), 226. 
 
SECOND READING. 603 
 
 This motion passes almost invariably nemine contradicente, 
 as it is a purely formal motion, proposed with the object 
 of placing the bill on the orders for a second reading, 
 when all discussion can most regularly and conveniently 
 take place ; but though it is unusual to raise a debate on 
 the merits of the bill on such a motion, yet it is perfectly 
 in order to divide the House on the question as at any 
 other stage of a measure/ 
 
 When the bill comes up for consideration in its proper 
 course, one of the clerks at the table will read the order 
 aloud, and the member in charge of the measure will 
 then move its second reading — a motion which does not 
 require a seconder, according to strict English usage.^ 
 The member should take care to inform himself whether 
 the bill is printed in the two languages, as that is abso- 
 lutely necessary at this stage.' The letters E. F. on the 
 order paper will show whether that has been done. If 
 any objection be made on that ground, it will prevent the 
 bill being taken up for its second reading on that day/ 
 But if the motion has been made, and a debate allowed 
 to proceed thereon, it will be too late then to raise an ob- 
 jection as to the printing in French." 
 
 The second reading of a bill is that stage when it is 
 proper to enter into a discussion and propose a motion re- 
 lative to the principle of the measure." The Senate has a 
 rule on the subject : 
 
 "43. The principle of a bill is usually debated at its second 
 reading." 
 
 1 Can. Com. J. (1876), 245; Ih. (1877), 160; Can. Hans. (1879), 1375-8, 
 1385; supreme court repealing bill. 
 
 ^ Orders of the day require no seconder, May, 545. Such motions, how- 
 ever, are generally seconded in the Canadian Commons- 
 
 ' See gupra, 267, R. 93. * Can. Sp. D. Nos. 94, 118. 
 
 5 Mr. Speaker Blanchet. Insolvency bill. Can. Hans. (1879), 1020. 
 
 « Mirror of Pari. 1840, vol. 17, p. 2629 ; 190 E. Hans. (3), 1869 ; Can. Hans. 
 (1878), 599, common assaults bill ; Sen. J. (1867-8), 248, 283, 296, &o. ; 216 
 E. Hans. (3), 1686 ; Can- Com. J. (1879), 327. 
 
604 PUBLIC BILLS. 
 
 This rule, which is very vaguely expressed, is generally 
 adhered to, although sometimes the Senate, like the 
 Commons, may agree for convenience sake, to defer a 
 general discussion of the merits of a measure until a later 
 stage.^ 
 
 The Commons have no rule on the subject, but the 
 practice of the House is always to discuss the principle 
 of a bill at this stage .^ Any member may propose as an 
 amendment " a resolution declaratory of some principle 
 adverse to, or differing from, the principles, policy or pro- 
 visions of the bill, or expressing opinions as to any cir- 
 cumstances connected with its introduction or prosecution 
 or otherwise opposed to its progress, or seeking further 
 information in relation to the bill by committees, com- 
 missioners, the production of papers or other evidence, or 
 the opinion of judges." ^ All amendments must " strictly 
 relate to the bill which the House by its order has re- 
 solved upon considering." * If a resolution adverse to the 
 bill be resolved in the affirmative ; ^ or the motion, " that 
 the bill be now read a second time " be simply negatived 
 on a division, the measure will disappear from the order 
 book, but it may be revived at any subsequent time, as the 
 House has only decided that it should not then be read a 
 second time, and the order previously made for the second 
 reading remains good. When a bill disappears in this 
 way from the order paper, it is competent for a member 
 to move at any time, 
 
 " That it be read a second time on next." 
 
 1 Sen. Deb. (1874), 297, 3rd E. ; lb. (1874), 364 ; Can. Com. J. (1875), 284. 
 
 = May, 546 ; 131 E. Com. J. 196 ; Can. Com. J. (1867-8), 425 ; Can. Hans- 
 (1885), 1360, 1385. 
 
 ^ May, 546, 547; Can. Com. (1882), 410, 412; lb. (1885), 94, 308, 311. 
 
 n43 E. Hans. (3), 643 ; 179 16.342; 251 i6. 1070-71* 252 J6. 955-70 ; 
 135 E. Com. J. 177. And according to the rules of debate, a member is 
 bound to confine himself to matters which are relevant to the subject- 
 matter of the bill, 213 E. Hans. (3), 644-6. Sen. Deb. (1886), 742. 
 
 = 244 E. Hans. (3), 1384. 
 
SECOND READING. 605 
 
 On this motion being agreed to, the bill takes its place 
 on the orders. The same practice obtains with respect to 
 the bill, at any previous or succeeding stage.' 
 
 It is customary for those who are opposed to a bill to 
 move 
 
 " That the word ' now ' be struck out, and the words ' this day 
 three [or ' four,' or ' six '] months ' added at the end of the ques- 
 tion •' ' 
 
 II 2 
 
 If this motion is carried, the bill disappears from the 
 order paper, and is supposed to be killed for the current 
 session ; but it may happen that the session is prolonged 
 beyond all expectations, and that the bill will again take 
 its place on the paper in conformity with the order of the 
 House.^ In 1880, a bill respecting marriage with a sister 
 of a deceased wife was postponed in the Senate by the 
 passage of a resolution declaring it inexpedient to pass 
 the measure that session ■* 
 
 When the order for the second reading has been read, 
 a member may move, if he should not wish to proceed 
 with the bill, that the order be discharged and the bill 
 withdrawn.^ Or if the motion has been actually made 
 
 ' Interest bill, 1870 ; insolvency bill, April 3, 1876 : interest bill, 4th 
 May, 1883 ; act for relief of Susan Ash, 2]st June, 1887; Lowry divorce 
 bill, 4th April, 1889. See infra, s. xviii, where the question of giving 
 notice is fully discussed. 
 
 ^Can. Com. J. (1867-8), 40, 227; Ih. (1877), 71; lb. (1879), 174,182-3, 
 &c. Sen. J. (1876), 105 ; lb. (1878), 201 ; lb. (1882), 177. 
 
 ^ Cases have occurred in the old Canadian assembly as well as in the 
 English parliament. In 1882, a bill was ordered to be read " this day 
 month," and it came up accordingly, and was placed on the orders of the 
 day after bills to which the House had, during the interval, given prece- 
 dence. Fraud in contracts bill. Jour. p. 96 ; orders of the day, 3rd of April. 
 See also Can. Leg. Ass. J. (1856), 435-444, 625 (separate school bill). 
 
 * Sen. J. (1880), 209. 
 
 5 129 E. Com. J. 307 ; Can. Com. J. (1879), 136 ; Sen. J. (1867-8), 297, 306. 
 The order is simply discharged in the Senate as in the Lords (Lords' J. 
 1877, p. 297), when the bill is from the Commons. The practice in the 
 Lords is, however, to withdraw the bill, when it has originated in their 
 own House ; in fact, the practice is the same as that of the Commons. 
 Lords' J. (1877), 194, 243, 271. 
 
606 PUBLIC BILLS. 
 
 for the second reading, it must first, with leave of the 
 House, be withdrawn.' It is irregular to go into the 
 merits of a bill on a motion that the order for a second 
 reading be postponed or discharged.^ A member who has 
 moved the second reading of a bill can only speak again 
 at the close of the debate if he wishes to make an explan- 
 ation as to the course he proposes to take with respect 
 to the measure.^ Neither is it regular to propose on the 
 second reading, or other stage of a bill, any amendment 
 by way of addition to the question, when it has been 
 decided by the House that the bill shall be read a second 
 time.^ On the motion for the second reading it is out of 
 order to discuss the clauses seriatim.^ Nor is it regular, 
 when a bill is before the House, to anticipate discussion 
 by a motion on the samfe subject.^ 
 
 VII. Order for Committee of the Whole-— "When a bill has been 
 read a second time (short), by the clerk, the next question 
 will be proposed.'' 
 
 " That the House go into coramittee on the bill on ■ — next." 
 
 "Which motion generally passes, nem, con.,^ like all such 
 formal motions ; though it is quite regular to move an 
 amendment as to the time of committal.^ 
 
 "When the order of the day for committee has been 
 
 ^Can. Com. J. (1867-8), 40; Ih. (1877), 90; Ik (1878), 146; lb. (1882), 
 129; lb. (1886), 128; 129 E. Com. J. 309, &c.; Lords' J. (1877), 235, 271. 
 An order may be discharged and made the first for a subsequent day. 
 Can. Com. J. (1877), 39. 
 
 ^ 216 E. Hans. (3), 1648 ; 240 lb. 858-9. The same rule applies to the 
 order for committee of the whole, 226 lb. 859-60. 
 
 ' Rule 15, p. 417.- 219 E. Hans. (3), 584; 220 lb. 381; 223 lb. 1764. 
 
 n83 E. Hans. (3), 1918 ; 186 lb. 1285. 
 
 5 224 E. Hans. (3), 1297; 225 lb. 684 ; 238 lb. 1593 ; 248 lb. 590. 
 
 <" 219 E. Hans. (3), 1053, 1054, 1302 
 
 ' Supra, 480. 
 
 » Can. Com. J. (1870), 300 ; lb. (1877), 128. 
 
 ' 129 E. Com. J. 140. But it is not regular to move that the House do 
 adjourn, according to an English decision, 221 E. Hans, (3), 744. 
 
INSTRUCTIONS. 601 
 
 reached and called in due form, the speaker will put the 
 question, 
 
 " That I do now leave the chair." 
 
 Now is the time to move any amendment to this ques- 
 tion. Members opposed to the bill may move that the 
 House resolve itself into committee on the bill that day 
 three or six months ; or may propose motions adverse to 
 the principle or policy of the measure. ^ 
 
 It has been frequently decided in the English House 
 that on the motion for the speaker to leave the chair, a 
 member " is at liberty to discus? the main provisions, but 
 not to proceed in detail through the clauses, nor to discuss 
 amendments to the same, until the bill is regularly in 
 committee." ^ 
 
 VIII. Instructions— ^ n " instruction," empowering a com- 
 mittee to make those changes in a bill which otherwise 
 it could not make, should be moved as soon as the order 
 for the committee has been read by the clerk, and before 
 the question is put that the speaker do leave the chair.' 
 An instruction, properly speaking, is not of the nature of 
 an amendment, but of a substantive motion which ought 
 to have precedence of the question that the speaker do 
 leave the chair.* If an instruction is moved when the 
 latter motion is proposed, then it becomes an amendment, 
 which, if agreed to, supersedes the motion for the com- 
 mittee, and the bill consequently cannot be proceeded 
 with for the time being.'' 
 
 Considerable misapprehension appears to exist among 
 
 ' Supreme court bill, 25th March, 1875. But it is not competent to 
 move any amendment by way of addition to the question, " That Mr. 
 Speaker do now leave the chair ; May, 552 ; iwpra, 606. 
 
 2 223 E. Hans. (3), 35; 224 Ih. 1297; 232 lb. 1195-6; Can. Hans. (1885), 
 1383, 1384. 
 
 ' 163 E. Hans. (3), 597-8; 212 lb. 1075. 
 
 * 179 lb. 116-7 ; 183 lb. 920-1 ; Sen. J. (1882), 195 
 
 5 163 E. Hans. 597-8 ; 179 lb. 116-7;' Can. Com. J. (1875), 284. 
 
608 PUBLIC BILLS. 
 
 some members of the Canadian Commons as to the mean- 
 ing of an instruction — a misapprehension by no means con- 
 fined to that body, since English speakers have frequently 
 found it necessary to give decisions and explanations on 
 the subject. An instruction, according to these decisions, 
 is given to a committee to confer on it that power which, 
 without such instruction, it would not have. If the 
 subject-matter of an instruction is relevant to the subject- 
 matter and within the scope and title of a bill, then such 
 instruction is irregular since the committee has the power 
 to make the required amendment.^ The following pre- 
 cedents will illustrate the correct practice with respect to 
 this class of motions. 
 
 In 1854 the English Commons had before them a " Bill 
 to abolish in England and Wales the compulsory removal 
 of the poor on the ground of settlement," and a member 
 proposed to introduce clauses into the bill to prevent the 
 removal of Irish paupers in the difierent unions of the 
 country. It was pointed out that the contemplated changes 
 would entirely alter the character of the bill, and could 
 only be made by an instruction : the speaker being appealed 
 to said, " that the rule had been clearly stated, and if 
 the noble lord intended to propose the addition of the 
 new provisions alluded to, it would be necessary to move 
 them as an instruction to the committee." ^ 
 
 In 1865, the order for committee on the Union Charge- 
 ability Bill having been read, Mr. Bentinck moved that 
 "it be an instruction to the committee, with a view to 
 render the working of the system of union chargeability 
 more just and equal ; that they have power to facilitate, 
 in certain cases, the alteration of the limits of existing 
 unions." An objection was at once taken, that under the 
 Poor Law Board Act there was power to alter the bound- 
 ary of unions, and therefore an instruction was not neces- 
 
 ' 74 E. Hans. (3), 107; 195 lb. 847; 207 lb. 401-2. 
 '' 131 lb. 1274. 
 
INSTRUCTIONS 609 
 
 sary. The speaker (Mr. Denison) decided : " The question 
 is not as to whether the Poor Law Board has the power, 
 but whether the committee would have it without the 
 instruction ; and, in my opinion, the committee would not 
 have that power, because the subject-matter would not be 
 relevant to the subject-matter of the bill. Therefore the 
 motion is in order and should have precedence, because 
 an instruction is not of the nature of an amendment, but 
 of a substantive motion." ' 
 
 In 1878, the order for committee on the Factories and 
 Workshops Bill having been read, Mr. Fawcett rose to 
 move an instruction extending the operation of the bill to 
 children employed in agriculture. Mr. Speaker Brand 
 stated in reply to an objection to the proceeding : " The 
 motion of the hon. member is in the form of an instruc- 
 tion to the committee. The committee would not have 
 power to deal with the question unless an instruction of 
 this kind was passed.^ 
 
 In 1881, the order for the committee of the whole on a 
 bill respecting the sale of intoxicating liquors on Sunday, 
 in Wales, having been read, it was moved as an instruc- 
 tion that " they have power to extend the same to Mon- 
 mouthshire." ' 
 
 In 1868, the speaker ruled that a select committee to 
 which had been referred the Sale of Liquors on Sunday 
 Bill would be confined to its subject-matter, and could 
 not consider the question of the general licensing system 
 without a special instruction from the House.* 
 
 In 1870, the order of the day having been read for com- 
 mittee on a bill respecting elections of members of the 
 
 • 179 E. Hans. (3), 116. ' 238 lb. 63-4. 
 3 136E. Com. J. 302. 
 
 * 190 E. Hans. (3), 1869. In the Senate it has been decided that it is 
 irregular and unnecessary to move to instruct a select standing commit- 
 tee to do that which it has already the power to do under its order 
 of reference ; Sen. Deb. (,1886), 436-445. 
 
 39 
 
610 PUBLIC BILLS. 
 
 Oommons, it was moved that tlie committee be instructed 
 to provide that the qualifications of voters should continue 
 to be regulated by the laws of the legislatures of the pro- 
 vinces. Mr. Speaker Cockburn decided that the com- 
 mittee had the power to do what was proposed, and that 
 consequently the motion was irregular.^ 
 
 In 1872, when the question for committee on the bill 
 to repeal the insolvency laws was under consideration in 
 the Canadian House of Commons, Mr. Harrison moved 
 that it be an instruction to the committee to except the 
 province of Ontario from the operation of the bill. Mr. 
 Blake having made objection to the motion, Mr. Speaker 
 Cockburn ruled : " As the bill affected the whole dominion 
 the committee have already the power asked for in the 
 motion, and consequently it is out of order." ^ 
 
 Decisions of English speakers have also laid down the 
 following rules with respect to instructions : 
 
 " That it requires an instruction to divide a bill into two parts 
 or to consolidate two bills into one.'' 
 
 " That notice should be given of an instriiction when a member 
 has proposed such as a substantive motion, and not as an amend- 
 ment to the question, that the speaker do leave thechair.^ 
 
 " That when a bill is simply a continuance bill of an act now 
 in force, it is not competent for the committee to introduce a 
 clause of a different nature to the simple scope of such bill, but it 
 may be an instruction to the committee to introduce such a 
 clause.^ 
 
 " That it is not regular to instruct a committee to entertain a 
 question which iw outside of the bill before them. For instance, 
 on the Eepresentation of the People Bill, in 1860, a member 
 moved an instruction that no borough should be deprived of one 
 
 1 Can. Com. J. (1870), 120-21. 
 
 2 76. (1872), 78-9. See Sen. Deb., (1885), 853, 854; lb. (1890), 399. 
 
 » 86 E. Hans. (3), 154; also 136 E. Com. J. 285 ; 137 lb. 121. See Can. 
 Com. J., 1891, June 18, when five bills were referred to a select committee. 
 * 175 E. Hans. (3), 1939-40; 158 lb. 1951. 
 5 159 16. 1912, 1924. 
 
INSTRUCTIONS. 611 
 
 memtei- until it had been ascertained by an actual census of the 
 population of the borough, whether or not the number of its 
 population fell below the limit of 7,000 inhabitants. Mr. Speaker 
 ruled, as above, because it was not competent to the committee 
 to inquire with regard to the census. ' 
 
 "That any number of instructions may be moved successively 
 to the committee on the same bill, as each question for an in- 
 struction is separate and independent of every other.'' 
 
 " That it is regular to move amendments to a question for an 
 instruction."'* 
 
 If a motion for an instruction contains a proposition that 
 ought to be considered in a preliminary committee, it can- 
 not be entertained. For instance, when it was proposed 
 on one occasion in the English House to instruct a com- 
 mittee on a bill respecting the sale of spirits to extend its 
 operation to the sale of beer, wine and cider, Mr. Speaker 
 Denison said . " The necessity for an instruction arose 
 from the acts relating to spirits being considered quite a 
 distinct class ; and to deal with beer, cider and wine, 
 would be to deal with separate trades. If the House 
 should now deal with those trades by an instruction they 
 would pass by a stage — a preliminary com.mittee — that, 
 in due order, ought first to have been taken." * 
 
 On the same principle, an instruction cannot be moved 
 to make any provision which imposes a tax or charge 
 upon the people ; but the matter ought to be first con- 
 sidered in a committee of the whole.*^ It is the practice 
 in the English Commons to give, according as it is neces- 
 
 1 158 E. Hans. (3), 1951-5. 
 
 ^ In 1860, nine instructions were moved on the order for committee 
 on the representation of people bill ; the proceedings and rulings, on this 
 occasion, illustrate the correct practice with respect to instructions. 158 
 E. Hans. (3), 1951-88. See Blackmore's decisions (1881), 116-17, where a 
 summary is given of the decisions of Mr. Speaker Denison, on points that 
 were raised. 
 
 3 101 E. Com. J. 113. 
 
 * 167 E. Hans. (3), 696-70P. 
 
 = 78 lb. 904. 
 
612 PUBLIC BILLS. 
 
 sary, instructions to the committee on customs and re- 
 venue bills to make provisions therein pursuant to reso- 
 lutions passed in committee of waysandmeans.^ In 1882, 
 the House considered the Arrears of Eent (Ireland) Bill, 
 as amended in committee of the whole, and it was ordered 
 that the bill be recommitted, and that it be an instruction 
 to the committee that they had power to make provision 
 in accordance with a resolution, reported from a previous 
 committee, authorizing the payment out of moneys to be 
 provided by parliament of the salaries of any ofllcers 
 appointed under the act, and also the payment out of the 
 consolidated fund of the United Kingdom of any moneys 
 required for the purpose of assisting emigration from Ire- 
 land.2 
 
 According to the modern practice of parliament an in- 
 struction to a committee is not " mandatory," and it is 
 therefore customary to state explicitly in the motion, as 
 shown above, that the committee " have power " to make 
 the provision required in a bill.' " For," as stated by Mr. 
 Speaker Denison, " the intention of an instruction is to 
 give a committee power to do a certain thing if they 
 think proper, not to command them to do it." * It has 
 been pointed out by an English authority in such matters 
 that even the committee cannot act upon the instruction 
 without a question put upon the thing to be done, which 
 of itself implies that the instruction is not conclusive 
 upon the committee. ° 
 
 1 136 E. Com. J. 240, 304 ; 137 lb. 366, 404. Can. Com. J. (1885), 659. 
 
 ' 137 E. Com. J. 383. 
 
 ^ 137 lb. 366, &c- Such mandatory instructions in the case of bills can 
 be found in the English journals, but not for many years past. 21 lb. 836 ;. 
 66 lb. 299 ; 90 lb. 451 ; May, 553. 
 
 * 158 E. Com. J. 1954-5. 
 
 ^ Mr. Addington cited by Lord Colchester (Mr. Speaker Abbot) in hi» 
 diary, 431. May, 553. See a case in the Canadian House where the com- 
 mittee did not amend a bill in accordance with an instruction, but 
 adopted one proposed by Mr. Blake in amendment to that referred tO' 
 them by the House- Jour. (1882), 248-49 (Presbyterian bill). 
 
REFERENCE TO SELECT COMMITTEES. 613 
 
 All instructions must be moved on the first occasion 
 when the order for the committee on a bill has been read. 
 If the bill has been partly considered in committee, it is 
 not competent to propose an instruction when the order 
 is read for the House "again in committee," as the rules 
 require that the speaker leave the chair as soon as that 
 order has been taken up. ^ 
 
 IX. Reference to Select Committees. — It is becoming a fre- 
 quent practice in England, as well as in Canada, to send 
 important bills, requiring very careful and deliberate 
 inquiry to a special or a select standing committee, before 
 referring them to a committee of the whole.^ The practice 
 of revising bills in committee of the whole only dates 
 from 1*700, and the most eminent English authorities have 
 frequently advised, and the House of Commons has already 
 attempted a modified return to the old method of con- 
 sidering certain public bills in select committees.' Parti- 
 
 ' Supra, 483, 484. 
 
 2 129 E. Com. J. 103, 110,265. Lords' J. (1861), 263; J6. (1873), 364. 
 Can. Com. J. (1876), 120, criminal procedure bill. lb. (1875), 139, insol- 
 vency bill ; lb. (1877), 161, larceny bill ; lb. (1877), 75, insurance bill ; lb. 
 (1878), 56, evidence in common assaults bill. Several bills may be con- 
 solidated into one bill in this way ; Leg. Ass. J. (1863), 296, 313, 320. 
 
 ' House of Commons, Palgrave, note A at end of work. Bagehot, in his 
 work on the English constitution, shows how difficult it is for a committee 
 of the whole to give that patient, orderly examination which all bills 
 should receive. The same question was discussed before a committee on 
 public business in 1854 (Report, 31), and in 1878 (Report, 21-22), and the 
 opinion was expressed by Sir Erskine May and others that bills are ex- 
 posed to too many opportunities of discussion, and that if a bill is re- 
 ferred to a competent committee, the report of that committee ought to 
 be accepted in the same way as a report of a committee of the whole. Of 
 course, it could always be re-committed by an express order of the 
 House. In the absence of such an order, it was suggested that the bill 
 should stand for consideration of report, just as if it had gone through 
 committee of the whole. This suggestion has been practically embodied 
 in the new standing orders of 1st December, 1882 (revived 7th March, 
 1888), providing for the appointment of standing committees to consider 
 certain classes of bills. See supra, 491, 492 ; Rules and Orders (Palgrave) 
 No. 274. 
 
614 PUBLIC BILLS. 
 
 cularly in the case where several bills on the same sub- 
 ject are before the House has it been found convenient to 
 refer them all to one committee/ Sometimes a committee 
 will combine two bills in one.^ In 18*79, a number of 
 bills relating to insolvency were presented, and in view 
 of the great variance of opinion on. a very perplexing 
 question, it was decided to refer the whole matter to a 
 select committee to report by bill or otherwise. In this 
 case, as it was not intended to report back any of the 
 bills before the House, the order for the second reading 
 of each was read and discharged, and each was then 
 formally referred to the committee, with the consent, of 
 course, of the introducer in every case.' If it is intended 
 to consolidate two or more bills, or otherwise incorporate 
 the provisions of one with the provisions of another, an 
 instruction is necessary.* 
 
 Any bill maybe referred to a select committee in amend- 
 ment to the motion for the House to go into committee of 
 the whole, or on the reading of the order for committee.^ 
 
 It is also perfectly regular to refer a number of bills at 
 the same time to one committee of the whole which may 
 consider all on the one day without the chairman leaving 
 the chair on each separate bill." 
 
 1 Caa. Com. J., railway bills, 1870 and 1871, &c. Insolvencj' bill, 1870, 
 criminal law bills, 1876 ; banking bills, 1871 ; 129 E. Com. J. 286 ; Can. 
 Com. J. (1889), 234. 
 
 ■' Can. Com. .1. (1882), 285. 
 
 ' lb. (1879), 81. The insolvency laws have always been the result of 
 the deliberations of select committees. See journals of 1867-8, 1869, 
 1870,1871,1875, 1885. 
 
 * See Can. Com. J. 1891, June 18th. Also supra, 610. 
 
 ^ Marine electric telegraphs bills ; Can. Hans. (1879), 1572 (Mr. Speak. 
 Blanchet). May, 577. 
 
 « Eng. S. 0. 19th July, 1854, No. xxxiii. 114 E. Com. J. 253 : " Provided 
 that, with respect to any bill not in progress, if any member shall object 
 to its consideration in committee with other bills, the order of the day for 
 the committee on such bill is to be postponed." In the legislative assem- 
 bly of Canada this practice was followed on several occasions. Leg. Ass. 
 J. (1860), 445 ; lb. (1861), 319; lb. (1866), 195. In 1861 some nineteen 
 
NOTICE OF AMENDMENTS IN COMMITTEE. 615 
 
 X. Notice of Amendments in Committee— "When a member 
 intends to move an important amendment in committee 
 of the whole to a bill, he is not required, according to 
 Canadian practice, to give notice of snch amendment,' but 
 latterly it has been found expedient in many cases to give 
 notice, and this practice, obviously so convenient and 
 useful, is gaining ground every session.^ In the English 
 House the rules provide that on the consideration of the 
 bill as amended in committee, no new clause can be 
 proposed unless the House has received a regular notice 
 containing the words of the proposed amendment.' 
 
 XI. Bills reported from Select Committees.— When bills are re- 
 ported from select committees after their second reading 
 in the House, they go upon the orders of the day for con- 
 sideration in committee of the whole, in pursuance of the 
 following rule : 
 
 22. " Bills reported after second reading from any standing or 
 select committoe shall be placed on the orders of the day follow- 
 ing the reception of the report, for reference to a committee of 
 the whole House, in their proper ordei-, next after bills reported 
 from committees of the whole House. And bills ordered by the 
 House for reference to a committee of the whole House shall be 
 placed, for such reference, on the orders of the day following the 
 order of reference, in their proper order, next after bills reported 
 from any standing or select committee." * 
 
 bills were referred at one time. But it does not appear to be the practice 
 of the Senate, Deb. (1880), 305. In the Canadian Commons, 7th May, 
 1888, a bill respecting railway employees was referred — order for com- 
 mittee being first discharged — to a committee of the whole on the general 
 railway act. 
 
 1 Com. E. 31 ; Sen. Deb. (1884), 520, 521 ; Jour. 253. 
 
 2 V. & P. (1877), 175, 200, 214, 225, 226, 233, 257. Railway act (1879), 
 250; militia act, 462. Temperance Act, V. &' P., 1885, April 9, p. 418. 
 See also Franchise Act, 1885. Notice is required in case of amend- 
 ments to private bills. 
 
 ' May, 573. Palgrave, Bules and Orders, No- 254. 
 
 ' 129' E. Com. J. 269, 314 ; Can. Com. J. (1877), 140,207. Insurance bill. 
 
616 PUBLIC BILLS. 
 
 Every committee on a public bill is bound to report 
 thereon, as the House alone has power to prevent its 
 passage or order its withdrawal.' 
 
 "When a bill has been referred to a select committee, 
 and the committee wish to make a special report and sub- 
 mit minutes of evidence thereon, it is necessary to obtain 
 permission from, the House to that effect.^ 
 
 XII. Proceedings in Committee of the Whole. -When either 
 House agrees to go into committee of the whole on a bill, 
 the speaker calls the chairman of committees, or, in his 
 absence, a member to the chair, and the mace is put under 
 the table. The practice in both Houses is for the most 
 part identical ; ' but there is an express order of the 
 Senate which forbids " any arguments being admitted 
 against the principle of a bill in a committee of the 
 whole." * 
 
 Rule 46 of the Commons provides : 
 
 "In proceedings in committee of the whole House upo7i bills, 
 the pi-eamble shall be first postponed, and then every clause con- 
 sidered by the committee in its proper order ; the preamble and 
 title to be last considered." 
 
 In the Senate the title is regularly postponed ; '^ but in 
 the Commons it is never considered except when it is ne- 
 cessary to amend the same. The preamble is also post- 
 poned in both Houses until after the consideration of the 
 clauses." The bill is then considered clause by clause. 
 
 See supra, 309, for cases of public bills reported against, but still placed 
 on the orders of the day. 
 
 1 See wfra, 622. Sen. Deb. (1886), 516. 
 
 ' Alien Labour Bill, Can. Com. J. (1890), 305 ; 120 E. Com. J. 386 ; May, 
 578, 579. The select standing; committees of the Canadian Commons have 
 general power to report opinions and observations. R. R. Commissioners 
 Bill ; Can. Com, J. (1883), 98, 169. ^ Sen. J. (1867-8), 121. 
 
 * R. 89. 5 Sen. J. (1880), 166. 
 
 " lb. (1880), 166. The English House has now a S. 0. to postpone the 
 preamble until after the consideration of the clauses, without question put, 
 No. XXXV., 27th Nov., 1882. 
 
IN COMMITTEE OF THE WHOLE. 6Vl 
 
 The chairman will call out the number of each clause, and 
 read the marginal note as a rule, but he should give the 
 clause at length when it is demanded by the committee. 
 He will then put the question, '• shall the clause be 
 adopted," or " stand part of the bill ? " Each clause is a 
 distinct question, and must be separately discussed. "When 
 a clause has been agreed to, it is irregular to discuss it 
 again on the consideration of another clause.^ Amend- 
 ments must be made in the order of the lines of a clause. 
 If the latter part of a clause is amended, it is not compe- 
 tent for a member to move to amend an earlier or antece- 
 dent part of the same clause. But if an amendment to the 
 latter part of a clause is withdrawn, then it is competent 
 to propose one to an earlier part.^ When the committee 
 have agreed to a clause, or to " a clause as amended," the 
 chairman will sign his initials on the margin, and his 
 name in full at the end of the bill, when it has been fully 
 considered by the committee. It is irregular to propose 
 to leave out all the words from " That " to the end of a 
 clause in order to substitute other wrords, as such an 
 amendment is in the nature of a new clause, which should 
 be considered at a later stage in committee.^ 
 
 According to strict English practice, which is generally 
 followed in the Senate, new clauses should be brought up 
 and discussed after the consideration of the original clauses 
 of the bill ; but in the Canadian Commons, the practice is 
 not rigorously followed, and the committee is generally 
 guided by what is most convenient in each particular case. 
 
 ' 241 B. Hans. (3), 2112; May, 561 ; Can. Hans. (1885), 1482, 1483. If 
 a member moves to omit a clause the chairman will simply put the 
 usual question, shall the clause stand part of the bill ? 164 E. Hans. (3), 
 1466. 
 
 " 46 E. Com. J. 175 ; 181 E. Hans. (3), 539. The proceedings in com- 
 mittee on the Franchise Bill of 1885, illustrate the practice with respect 
 to amendments and the order in which they should be moved ; Can. Hans. 
 1470. 1471. 
 
 ' 116 E. Hans. (3), 666 ; 200 lb. 1057. 
 
618 PUBLIC BILLS. 
 
 The schedules are the parts of the bill last considered. 
 Clauses are frequently postponed, in order to give an 
 opportunity until another meeting of the committee of 
 considering the advisability of amending them, or taking 
 any other course that may be found necessary with respect 
 to them. If it be necessary, the title can be amended in 
 accordance with English practice, in order to make it 
 conform to the changes of the bill, and in such a case a 
 special report ought to be made ; ' but as a rule, in the 
 Canadian House, any change in the title is made the sub- 
 ject of a special motion after the third reading.^ In the 
 case of a Senate bill it is usual to amend it in committee, 
 and report the fact to the House. ' But in the Senate the 
 title may be amended at this as at any other stage of the 
 bill.^ 
 
 A committee of the whole have now power to make 
 amendments not within the scope and title of the bill. A 
 rule of the English Commons ° provides : 
 
 "That any amendment may be made to a clause, provided the 
 same be relevant to the subject-matter of the bill, or pursuant to 
 any instructions, and be otherwise in conformity with the rules 
 and orders of the House ; but if any amendment be not within the 
 title of the bill, the committee are to amend the title accord- 
 ingly," and report the same specially to the House.' 
 
 In the session of ISYS, the House went into committee 
 on a bill " to amend the general acts respecting railways," 
 and a question arose whether it was competent to add a 
 clause requiring the government to purchase goods for 
 
 1 127 E. Com. J. 352, parish constables abolition bill ; Can. Com. J. 
 (1882), 426, harbour and river police bill. 
 
 ' Can. Com. J. (1876), 217 ; lb. (1877), 212. 
 
 »i6. (1882), 426. 
 
 * Sen. J. (1880), 166, 168. 
 
 5 S. 0. 19th July, 1854. See Eules and Orders (Palgrave), No. 239. 
 
 " Sen. J. (1877), 253. 
 
 ' This order has always been held in the English House to apply to 
 select committees. May, 578 ; 118 E. Com. J. 248 ; 127 lb. 169, 342. 
 
IN COMMITTEE OF THE WHOLE. 619 
 
 the use of dominion railways upon public tender and con- 
 tract only ; and the committee having arisen for the pur- 
 pose of receiving instructions from the House upon the 
 point at issue, Mr. Speaker Anglin decided that such an 
 amendment would be regular' w^ithoutan instruction. A 
 . similar decision was given in committee of the whole on 
 a bill to repeal the Insolvency Laws now in force in 
 Canada. It was proposed to make some amendments 
 which would have the effect of adding certain provisions 
 with respect to preferential assignments and priority of 
 judgment, and in that way avert certain dangers likely 
 to result, in the opinion of many persons, from the total 
 repeal of the act as provided for in the bill. The amend- 
 ments were decided to be in order.^ 
 
 On the other hand, it has been decided that it is not 
 within the scope of a committee to which a continuance 
 bill has been referred, to amend the provisions of the acts 
 which it is thereby proposed to continue, or to abridge 
 the duration of the provisions contained in those acts.' 
 
 It is irregular to propose an amendment which is irre- 
 levant to the subject-matter of a clause, but it should be 
 submitted to the committee at the end of the bill, as a 
 separate clause.* 
 
 The committee cannot agree to any clauses involving 
 payments out of the public funds,^ or imposing any do- 
 minion tax or charge upon the people," unless such clauses 
 have been previously considered in committee of the 
 whole — a subject fully explained in the previous part of 
 
 1 Can. Com. J. (1875), 327. 
 ■' Can. Hans. (1879), 1775. 
 3 129 E. Com. J. 353. 
 
 * 147 E. Hans. (3), 1190, 1198. In this case the amendment proposed 
 to be made was relevant to the bill, but as it embodied a principle contrary 
 to the clause, it could not be added. 
 
 5 May, 5B3 ; Can. Com. J. (1876), 84; lb. (1877), 94, 128. 
 
 * Can. Com. J. (1870), 242, registration of timber marks ; lb. 285, copy- 
 right. 
 
620 PUBLIC BILLS. 
 
 this chaptor/ The committee on the bill cannot increase 
 duties, without a previous resolution from a committee, 
 but it may reduce them in accordance" with the settled 
 principle that gives every facility to the removal of public 
 burthens.^ It has also been ruled in the English House 
 that amendments varying the incidence of a rate or tax 
 come within the rule, requiring consideration in a pre- 
 vious committee, and the bill must be re-committed with 
 respect to the clauses affected, in case there has been no 
 previous comm.ittee on the subject.' 
 
 Such clauses, having been read a second time and agreed 
 to, and referred to the committee on the bill, are not con- 
 sidered as amendments made in committee. Accordingly 
 if no alteration be made therein in committee on the bill, 
 the latter may be reported up without amendment.* The 
 English Commons have the following order : — 
 
 " In going through a bill, no questions shall be put for the fill- 
 ing up of words already printed in italics, and commonly called 
 ' blanks,' unless exception be taken thereto ; and if no alterations 
 have been made in the words so printed in italics, the bill is to 
 be reported without amendments, unless other amendments have 
 been made thereto." ^ 
 
 But an exception is always made in the case of a Senate 
 bill. "When such clauses are added to a Senate bill, they 
 must be considered as amendments and reported up as 
 such, in order to send them to the Upper House for con- 
 currence.^ 
 
 A committee may, in conformity with instructions, con- 
 solidate two bills into one, or divide one bill into two or 
 
 ' Supra, 596 et seg. 
 
 ' May, 564. 
 
 " 217 E. Hans. (3), 402, 413. 
 
 * Penitentiary act, 1876. 
 
 ' S. 0. 19th July, 1854, No. 37. In the English Commons money or 
 taxation clauses are printed in italics in the bill as introduced. In the 
 Canadian House they are generally given in the same way. 
 
 " Post-office bill, 1867-8 ; Sen. J. 155-8 ; Com. J. 128-9 ; census bill, 1879. 
 
m COMMITTEE OF THE WHOLE. 621 
 
 more, or examine witnesses and hear counsel. "When two 
 bills are to be consolidated, the preambles of the two bills 
 are severally postponed, and the clauses of each are suc- 
 cessively proceeded with. When a bill is to be divided 
 into one or more bills, it is usual to postpone those clauses 
 which are to form a separate bill, and when they are 
 afterwards considered, to annex to them a preamble enact- 
 ing words and title. The separate bills are then separately 
 reported.^ 
 
 After a bill has been considered clause by clause, and 
 the preamble agreed to, the committee have sometimes 
 found it expedient to reconsider the bill, either in whole 
 or in part, and in order to do this, a motion for the recon- 
 sideration has been made and agreed to.^ The Senate have 
 a rule which appears to provide for such cases : 
 
 " 44. A senator may, at any time before a bill ha.s passed, 
 move for the reconsideration of any clause thereof already 
 passed." 
 
 The same practice sometimes obtains in Commons com- 
 mittees, but it is not one to be encouraged, since it is 
 obviously at variance with the sound principle which 
 prevents either the House or committee passing on the 
 same question twice.' The proper time for the reconsider- 
 ation of an amended bill is after report from committee, 
 when, under English practice — which might advantage- 
 ously be followed in the Canadian Commons — it is com- 
 petent to make amendments, and " reconsider " the bill ; 
 or in any case, it may be sent back, and the committee 
 regularly authorized to reconsider it in any particular.* 
 
 In case private bills intervene under Eule 19 before a 
 measure is fully considered in committee of the whole, 
 
 1 May, 568 ; 73 Lords' J. 188 ; 127 E. Com. J. 230. Also 126 lb. 121 ; 205 
 E. Hans. (3), 977. 
 
 ^ Sen. J. 1882, March 6th and 13th, county judges bill. 
 ' See mpra, 401, and infra, 641. 
 ' Infra, 624. 
 
622 PUBLIC BILLS. 
 
 proceedings are resumed as soon as the time for the con- 
 sideration of the former bills has expired/ 
 
 XIIL— Report from Committee of the Whole.— "When the com- 
 mittee have only partly considered a bill and it is found 
 advisable to postpone further proceedings until a future 
 day, the chairman is instructed to report progress, and 
 ask leave to sit again.^ On receiving the report, the 
 speaker will ask the House to appoint a future day for 
 the further consideration of the bill. But when it is 
 wished in committee to make no further progress with a 
 bill, it is moved 
 
 "That the chairman do now leave the chah-." 
 
 In this case no report is made to the House and the bill 
 will disappear from the order book.^ The same will 
 happen if it is found that there is not a quorum present 
 in the committee.^ But the committee " have no power 
 to extinguish a bill, that power is retained by the House 
 itself " ■' Consequently the bill may be subsequently re- 
 vived by a motion, without notice, to fix another day for 
 the committee, and the proceedings are resumed at the 
 point where they were previously interrupted.'' 
 
 But when the committee have fully considered the bill, 
 the chairman reports " The committee have gone through 
 the bill and made certain amendments thereto ; " or " the 
 committee have gone through the bill and directed me 
 
 1 Can. Com. J. (1886), 131, 133. Supra, 488. 
 
 ^ Can. Com. J. (1877), 186. Sometimes the committee may receive leave 
 to sit again that same day. lb. (1878), 147. 
 
 3/6.(1869), 106, 288; lb. (1874), 326; lb. (1882), 229; 76. (1886),-126 ; 
 Can. Hans. (1882), 615 ; Sen. J. (1880), 166. 
 
 * 110 E. Com. J. 449 ; 137 lb. 197, 210. 
 
 5 176 E. Hans. (3), 99. 
 
 " Can. Com. J. (1883), 159 (Mr. Speaker Kirkpatrick's ruling with respect 
 to Criminal Law Amendment Bill). See infra, s. xviii., where the ques- 
 tion of notice is discussed. Law of Evidence Amendment Bill, Sen. 
 Deb. (1886), 565, 568. 
 
REPORT FROM COMMITTEE. 623 
 
 to report the same without amendment." ' Eule 4V of the 
 Commons provides : 
 
 "All amendments made in committee shall be reported by the 
 chairman to the House, which shall receive the same forthwith. 
 After report the bill shall be open to debate and amendment 
 before it is ordered for a third reading. But when a bill is 
 reported without amendment, it is forthwith ordered to be read a 
 third time, at such time as may be appointed by the House." 
 
 Accordingly, when a bill is reported without amend- 
 ment, the speaker puts the question, " "When shall the 
 bill be read a third time ? " 
 
 The bill is either read immediately, or on a future day, 
 as the House may decide. But when a bill is reported 
 with amendments the speaker will propose the usual 
 question, " "When shall the bill, as amended in com- 
 mittee, be taken into consideration? " On this question 
 the only regular amendment is as to the time when the 
 consideration should be taken, and the discussion must 
 be relevant thereto.^ Except in cases where the amend- 
 ments are of an important character, and the House re- 
 quires time to consider them,' the bill is immediately con- 
 sidered.' "When the bill, as amended, is taken into con- 
 sideration, the amendments are twice read and agreed 
 to.' Up to very recently the amendments only were con- 
 sidered ; ^ but now the whole bill is open to consideration, 
 which is in conformity with the Canadian rule, and with 
 the practice of the English Commons, from which it is 
 taken.'^ 
 
 ' Can Com. J. (1877), 232. 
 
 ^ 217 E. Hans. (3), 345-58. It ib not regular to discuss a particular clause, 
 256 lb. 3. 
 
 ' Maritime jurisdiction bill, 1877. Can. Com. J. (1878), 99. 
 
 * Can. Com. J. (1877), 224 ; lb. (1878), 200; Sen. J. (1867-8), 225. 
 
 ^ Can. Com. J. (1877), 241. 
 
 « lb. (1869), 253. 
 See for English procedure, 136 E. Com. J. 116-118 ; for Canadian prac- 
 tice, Can. Com. J. (1885), 527, 529-554. 
 
624 PUBLIC BILLS. 
 
 In the Senate it is usual to follow the English practice 
 and amend the bill, when necessary, on consideration of 
 the bill as amended in committee of the whole.^ As a 
 fact, the Canadian Commons never amend the bill at this 
 stage in accordance with the English practice. It is quite 
 usual, however, for a member to move that the order for 
 consideration be discharged and the bill recommitted for 
 the purpose of amending the bill in any particular.^ The 
 bill may be ordered to be reprinted as amended, or re- 
 committed to a committee of the whole, or to a select 
 committee, immediately after reception of the report.* 
 Or, on the order of the day haA'^ing been read for the con- 
 sideration of the bill, as amended, it may be recommitted 
 to a select committee, and all petitions relating thereto 
 may be so referred, and cotmsel may be heard before the 
 committee on the subject of the whole, or to a special 
 committee.* Bills may be recommitted any number of 
 times to a committee.^ Bills may be recommitted with 
 or without limitation ; in the latter case, the whole bill 
 is open to reconsideration ; ^ but in the former case, the 
 committee can only consider the clauses or amendments 
 or instructions referred to them.'' It is open to a com- 
 
 ■ Sen. J. (1867-S), 222; lb. (1877), 143-4; lb. (1878), ISO, 259, &c. 
 
 2 Can. Com. .1. (1869), 249-252 ; lb. (1877), 208 ; 83 E. Com. J. 533 ; 128 
 lb. 375. 
 
 ^ 129 E. Com. J. 228, 244 ; Can. Com. J. ( 1875), 160 ; lb. (1880), 124 ; lb. 
 (1882), 158 ; lb. (1884), 108 (reprinting) ; lb. (1877). 149 (select com.) ; lb 
 (1878), 172 (com. of whole). lb. (1885), 527 (com. of whole). Sometimes 
 the amendments, when they are short, are printed in the votes 
 for the convenience of the House, when the bill has been amended 
 by a select committee ; common assaults bill, 1878, p. 138, V. & P. In 
 such a case no formal motion need be made ; a verbal direction will be 
 given to the clerk. 
 
 * 129 E. Com. J. 345. 
 
 * Can. Com. J. 1875, supreme court bill ; lb. 1877, Pickering harbour 
 bill; 69 E. Com. J. 420, 444, 460 ; 128 lb. 360. 
 
 « 129 E. Com. J. 284, 308 ; Can. Com. J. (1878), 170; lb. (1880), 82. 
 ' Can. Com. J. (1877), 115, criminal procedure bill ; 216, joint stock com- 
 panies' bill ; lb. (1878), 172, independence of parliament bill ; 178, insur- 
 
NOT REFERRED TO COMMITTEE OF THE WHOLE. 625 
 
 mittee to accept or reject amendments sent to them, whe- 
 ther as instructions or not.^ 
 
 XIV. Bills not referred to Committee of the Whole.— It has not 
 been uncommon in the Canadian Houses to pass bills 
 without reference to a committee of the whole. This 
 has been almost invariably done in the case of the Ap- 
 propriation or Supply Eill,^ and not unfrequently in 
 the case of other bills, also founded on resolutions passed 
 in the committee of the whole.^ Instances are also found 
 in the Canadian journals of Commons bills not based on 
 resolutions, as well as of Senate bills having been passed 
 without reference to a committee of the whole ^ — being 
 read at length in such cases instead of being sent to a 
 committee of the whole.^ Supply and customs bills, on 
 the other hand, have been considered only at times in com- 
 mittee, whenever it has been found necessary to amend 
 them.?. This proceeding is at variance with the general 
 practice of the Canadian Commons, and is not sustained by 
 the modern usage of the English House, where bills 
 generally (except those reported from standing commit- 
 tees) are considered in committee of the whole.'' The 
 correct usage of considering all bills in committee of the 
 whole is now invariably followed, the Appropriation Bill 
 being the only exception. 
 
 ance bill ; lb. (1885), 527, franchise bill. Also 129 E. Com. J. 364 ; 179 E. 
 Hans. (3), 826 ; Can. Hans. (1875), 908. 
 
 ' See mpra, 612 n. In the case of the temperance bill, April 13, 1885, 
 the committee altered some amendments referred to them and negatived 
 another. See Hans. 1045 et seq. 
 
 ^ Chapter svii., s. 11. 
 
 3 Can. Com. J. (1867-8), 114; lb. (1871), 117; lb. (1877), 336 ; Jb. (1879) 
 374, &Q.;Sen. J. (1878), 205, 282. 
 
 * Can. Com. .T. (1867-8), 37 (speaker's act); 226 (interpretation of stat- 
 utes) ; lb. (1873), insolvency bill, 314 ; lb. (1873^ 179, 216 (Senate bills). 
 
 ^ This is an obsolete practice of no utility, and may be traced to the 
 old practice of reading bills at length. See supra, 591. 
 
 « Can. Com. J. (1867-8), 421 ; lb. (1874), 207. 
 
 ' 241 E. Hans. (3), 1238-9; 253 lb., 316-7. See supra, 613, n. 
 40 
 
626 PUBLIC BILLS. 
 
 In the Senate, public bills are also sometimes considered 
 without reference to a committee of the whole/ and in- 
 variably so in the case of the supply bill. In the Lords, 
 bills are almost invariably committed, except towards the 
 end of the session, and then the question for a committee 
 is formally put and negatived.^ 
 
 XV. Third Reading.— "When the order of the day for the 
 third reading has been read, it is competent to move that 
 it be discharged and the bill withdrawn,^ or that it be 
 recommitted.^ Formerly it was not iinusual when the 
 motion for the third reading had been agreed to, to add 
 clauses, or make other amendments ' ; but of late years 
 the House has followed the modern practice of the English 
 Commons, which is stated in a standing order : " No 
 amendments, not being merely verbal, shall be made to 
 any bill on the third reading." ^ "Whenever it is proposed 
 to make important amendments, it is usual to move to 
 discharge the order for the third reading, and to go back 
 into committee for the purpose.'' Or the House may be 
 asked at this as at any other stage of a bill to divide on a 
 resolution relative to the principle of the whole measure.^ 
 
 In the Senate, bills are constantly amended on the third 
 reading without going back to committee.' Previous to 
 1880-81 it was customary not to require a formal motion 
 for the third reading, — a loose practice which sometimes 
 
 iSen. J. (1867-8), 309. 
 
 ^ Lords' J. (1877), 393, 405, &c. 
 
 * Can. Com. J. (1874), 298 ; 112 E. Com. J. 380, &c. 
 
 * Can. Com. J. (1873), 311 ; 113 K. Com. J. 318, &c. 
 ^ Can. Com. J. (1867-8), 112, 180, 402. 
 
 « 21st July, 1856, Rules and orders (Palgrave) No. 261; 256 E. Hans. 
 (3), 19, 20. 
 
 ' Can. Com. J. (1877) 228. » 131 E. Com. J. 229. 
 
 » Sen. J. (1867-8), 124, 278 ; lb. (1876), 115, 183, 212 ; 16. (1878), 186 ; 76. 
 (1880), 247; lb. (1882), 334 ; lb. (1884), 255, 257. Same practice in Lords ; 
 151 E. Hans. (3), 1967, 2077; 209 lb. 764; 20th Feb., 1862; Lords' J. 
 (1877), 260. 
 
READ THIRD TIME AND PASSED. 621 
 
 gave rise to misunderstandiugs when members wished to 
 move amendments. Since then, the third reading is 
 moved regularly as in the Commons.^ The practice in 
 moving amendments is still very variable. Amendments 
 are now moved after the reading of the order,^ or on the 
 motion for the third^reading — the proper time when there 
 is a diversity of opinion as to the bill and amendments.' 
 Or they are moved after the third reading has been agreed 
 to."* Sometimes it is found convenient to go back to com- 
 mittee.' 
 
 XVI. Motion, that the Bill do pass.— The next question put 
 by the speaker is : 
 
 " That this bill do pass, and that the title be, etc." 
 
 This motion generally passes nem. con. immediately 
 after the third reading,"^ though it is quite regular to defer 
 the final passage until a future day ; '^ or to move that the 
 further consideration of the bill be postponed ; or to pro- 
 pose other amendments against the principle of the mea- 
 sure with the view of preventing its passage.* On the 
 
 ' Sen. Hans. (1880-81), 401 (Mr. Speaker Macpherson's remarks). 
 
 '' Sen. J. (1882), 136, 147, 187, 227, 257-9. This is generally the case 
 with private bills and amendments to which there are no objections. 
 
 ^ Sen. J. (1880-81), 203-6 ; lb. (1880), 247 ; lb. (1882), 199, 327 ; lb. (1890) 
 266, 267. See a case where a motion for the third reading of a bill in the 
 Senate was actually superseded by an amendment, and it was necessary to 
 move that it be replaced at once on the order paper. Northwest Territories 
 bill, 1st May, 1890 ; Sen. Deb. 679, 680. 
 
 ■'Sen. Hans. (1880), 281-2; Jour. 157, 160, 187; lb. (1880-81), 1S8; lb. 
 (1882), 66. Sen. Deb. (1890), 675. 
 
 ^ Sen. J. (1869), 151 ; lb. (1876), 165-6; Ih. (1890), 212, 247. 
 
 " Can. Com. J. (1877), 223, &c. In the English Commons the putting of 
 the question, after the third reading, "that the bill do now pass," has of 
 late years fallen into desuetude and is practically obsolete. Mr. Speaker 
 Peel, 289 E. Hans. (3), 1583. 
 
 ' May, 582. In the Senate, 1879, the motion for the passage of a bill 
 was ^negatived, the speaker coming down from his chair to speak and 
 vote against the measure. Hans. 439. 
 
 8 86 E. Com. J. 860 ; 106 lb. 335 ; 117 lb. 383. 
 
628 PUBLIC BILLS. 
 
 5th of April, 18*7*7, in the Canadian Commons, a member 
 proposed to send a bill respecting insolvency back to 
 committee, but the speaker ruled that such an amendment 
 was inadmissible at that stage — the third reading having 
 been agreed to/ Any amendment to the title may now 
 be made.^ 
 
 XVn. Proceedings after Passage, — Amendments, Reasons- — 
 When a bill has passed all its stages in one House, it is 
 reprinted in proper form and communicated to the other 
 House by one of the clerks at the table, who takes it up 
 and presents it at the bar to a clerk.^ Every bill has en- 
 grossed on its back the order of the House, in the two 
 languages : That the clerk do carry the bill to the Senate 
 (or Commons) and desire their concurrence.* If the bill 
 is passed by the Senate, to which it is sent, without any 
 amendment, a written message is returned to that effect/ 
 If the bill is amended, a message is sent desiring the con- 
 currence of the other House to the amendments, which 
 are always attached to the copy of the bill.* If the bill 
 fail in either House, no message is sent back on the sub- 
 ject, and the fate of the measure can only be decided by 
 reference to the records of the House, to which it was sent 
 for concurrence.' 
 
 Kule 23 of the Commons provides : 
 
 " Amendments made by the Senate to bills originating in this 
 House, shall be placed on the orders of the day next after bills 
 I'eported on by select committees." 
 
 The practice in both Houses with respect to amend- 
 
 1 Can. Com, J. (1877), 220. 
 
 n29 E. Com. J. 60, 64, 115, 153, &c. ; Can. Com. J. (1874), 324; lb. 
 (1876) 217 ; lb. (1879), 373. 
 
 5 Sen. R. 100 ; Com. K. 97. 
 
 * Sen. J. (1878), 187 ; Can. Com. J. (1878), 202, 265, &c. 
 
 ^ Sen. J. (1878), 216 ; Com. J. 224. 
 
 « Sen. J. (1878), 277 ; Com. J. (1877), 131, 322. 
 
 ' Receiver-general and attorney-general of Canada bill : Com. J. 1878, 
 p. 155-6 ; Sen. J. 201. 
 
AMENDMENTS. 629 
 
 ments is the same. When the amendments are of an un- 
 important character, or there is no objection to their pas- 
 sage, they are generally read twice and agreed to forth- 
 with ; ' but if they are important their consideration is 
 deferred until a future day.^ The speaker of the English 
 Commons lays down the English practice as follows : " In 
 cases where expedition is necessary, it has been the prac- 
 tice of the House occasionally — especially late in the ses- 
 sion — to order that these amendments shall be considered 
 forthwith. But on such occasions the member in charge 
 of the bill is bound to satisfy the House that expedition 
 is necessary." ' 
 
 If amendments from the upper chamber are under con- 
 sideration, and a count-out occurs, they can be taken up 
 on a subsequent day at the point where the proceedings 
 were for the moment interrupted.'' 
 
 If one House agree to the amendments made in a bill 
 by the other House, a message is returned to that effect, 
 and the bill is consequently ready to be submitted to the 
 governor-general ' In case the amendments are objected 
 to, a member may propose : That the amendments be con- 
 sidered that day " three " or " six " months,* and, when 
 such a motion is agreed to, the bill is practically defeated 
 for that session. But under ordinary circumstances, when 
 there is a desire to pass the bill if possible, a member will 
 move that the amendments be " disagreed to " for certain 
 " reasons," which are communicated by message 1o the 
 other house where the amendments were made. These 
 reasons are moved after the second reading of the amend- 
 
 1 Sen. J. (1878) 277-9. 
 
 2 Sen. J. (1869), 170 ; Com. J. (1S77), 183; lb. (1878), 261, 291. 
 
 3 225 E. Hans. (3), 650. See also 110 E. Com. .J. 458, 464 ; 133 E. Hans. 
 (3), 1411. Mr. Sp. Kirkpatriok, Can. Hans. (1886), 1327. 
 
 * 91 E. Com. J. 382, 388. 
 
 5 Can. Com. J. a876), 212 ; lb. (1878), 260 ; Sen. J. (1878), 177. 
 
 6 Sen. J. (1876) 190; Can. Cjm. J. (1877), 350, Albert R. E. bill. 113 
 E. Com. J. 349. 
 
630 PUBLIC BILLS. 
 
 ments.^ If the Senate or Commons do not adhere to their 
 amendment, on the reasons being communicated to them, 
 they return a message that " they do not insist, etc " ; ^ and 
 no further action need be taken on the subject. But if 
 they " insist on their amendment," ^ then the other House 
 will be called upon to consider whether it will continue 
 to disagree or waive its objection in order to save the bill. 
 In the latter case the House which takes strong ground 
 against an amendment, will agree to a motion that it 
 " does not insist on its disagreement," but concurs in the 
 amendment made by the other House ; and consequently 
 the measure is saved.* In 1878, the Senate having insisted 
 on their amendments to two Commons bills, respecting 
 the supreme and exchequer court and the Pembina 
 branch of the Pacific Railway, the government allowed 
 them to drop ; and the same was done in 1883 in the case 
 of a bill further to amend the fisheries act.* The old 
 practice of resorting to a conference, in order to bring 
 about an agreement between the two Houses, is now 
 virtually obsolete, though the Commons have still a rule 
 on the subject." 
 
 When amendments made by one House to a bill from 
 the other House are received back, and are under consid- 
 eration, it is not regular to discuss the bill itself, or its 
 principle, or the policy of the government thereon ; but 
 the debate must be confined to the amendments.^ Nor 
 
 iCan. Com. J. (1874), 319; 16. (1877), 262; lb. (1878), 263; lb. (1882), 
 508 ; Ih. (1883), 326 ; lb. (1890), 448 ; Sen. J. (1878), 293, &c. 
 
 ^ Sen. J, (1878), 232, 289, 290; lb. (1880), 277; lb. (1890), 257; Com. J. 
 (1877), 328; Ih. (1882), 512-3 ; Ih. (1890), 469. 
 
 ^ Sen. J. (1878), 289. In such a ca33 the reasons are also given. Ih. 
 275-6. 
 
 * Sen. J. (1878), 295 ; lb. (1882), 335, 341, 342 ; Can. Com. J. (1877). 328 ; 
 lb. (1878), 297-8 ; Ih. (1882), 515 ; 113 E. Com. J., 332. 
 
 '= Sen. J. (1878), 277, 294 ; Com. J. 284, 298; Com. Hans. 2550, 2553; Sen. 
 J. (1883), 288 ; Com. J. 436. 
 
 " Chapter xiv., s. 2. 
 
 ' 231 E. Hans. (3), 1222 ; 241 lb., 846, 1059 ; Can. Hans. (1880), 1985. 
 
AMENDMENTS. 631 
 
 on a motion for disagreeing to an amendment of this kind, 
 is it regular to enter into a general discussion of the prin- 
 ciple of the bill, but all debate should be confined to the 
 amendment and the reasons for the same.' 
 
 Neither House can regularly, at this stage, insert any- 
 new provision, or amend, or omit any part of a bill it has 
 itself passed and sent up to the other House for concur- 
 rence.^ But it is perfectly in order to propose any amend- 
 ment to an amendment made by the one House to a bill 
 of the other House, provided it is " consequential " in its 
 nature , that is to say, consequent upon, or relevant to the 
 amendment under consideration.^ In IS'ZQ, a bill respect- 
 ing petroleum was sent up to the Senate for concurrence. 
 It had been amended in the Senate and sent back to the 
 Commons, when it was discovered that a very important 
 matter had been left out of the bill. As it was impossible 
 to alter the bill at that stage, since the requisite amend- 
 ment was not consequent on the Senate amendment, it 
 was necessary to introduce a short bill embodying the 
 provision in question.^ 
 
 The House, whose amendments are disagreed to, though 
 not at liberty to propose new amendments to a part of the 
 bill to which both Houses have agreed, as above men- 
 
 'Can. Hans. (1877), 1879, Albert E. R. bill; lb. (1878), 2457, Canada 
 Pacific K. E. bill. 
 
 ' 9 E. Com. J. 547 ; 91 lb. 592; 114 lb. 375 ; 121 lb. 472; 135 E. Hans. 
 (3), 828 ; Can. Com. J. 1875, March 23, marine electric telegraphs bill ; lb. 
 1878, April 5, Canada Southern E. E. bill. 
 
 ' May, 587; 193 E. Hans. (3), 1920; 129 E. Com. J. 299; 115 lb. 494; 
 120 lb, 197 (an amendment in body of bill, consequent upon a Lords' 
 amendment) ; 136 lb. 445. ' Sen. J. (1 877), 228 ; lb. (1882), 328 ; Can. Com. 
 J. (1869), 281 ; lb. (1877), 201, 269 ; lb. ( 1879), 415 ; lb. (1882), 508, 509, 513, 
 514, 515; /*., (1883), 323; lb. (1885), 458; lb. (1886), 327; lb. (1889), 263 ; 
 lb. (1890), 432. 
 
 * Can. Com. J- (1879), 422. The error was pointed out in the Senate, 
 when the original bill had passed its final stage, but it was too late then 
 to rectify it. Sen. Deb. (1879), 609. See Pirates' Head Money Bill, 1850 ; 
 105 E. Com. J., 471 ; May, 588; Tees water and Kincardine Bill, Can. Hans. 
 (1887), 926. 
 
632 PUBLIC BILLS. 
 
 tioned, may nevertheless, propose amendments to a part 
 of it, to- which the amending House has not agreed, and is 
 consequently still under its consideration. Thus, where 
 the Lords have passed a bill from the Commons, with an 
 amendment leaving out certain words, which amendment 
 was disagreed to by the Commons, the Lords thereupon 
 have proposed as an expedient, to insert certain words in 
 the words originally proposed to be left, to which the 
 Commons have agreed. In this case, the words originally 
 proposed to be left out had not been agreed to by both 
 Houses.^ In other cases the Lords have left out clauses 
 or words, to which amendments the Commons have dis- 
 agreed ; but on restoring such clauses or words the Com- 
 mons have, at the same time, proposed to amend them.^ 
 
 Sometimes bills are returned from the Senate with 
 amendments which appear to infringe on the privileges 
 of the Commons. In such cases the bills are sent back 
 with reasons for disagreeing to the amendments ; ^ or if 
 the amendments are of an unimportant character and the 
 House is anxious to avoid all delay, they are at once agreed 
 to with a special entry in the journals of the House, so 
 that the agreement may not be drawn into a precedent.* 
 If an amendment made by the Senate alters a contract 
 made with the government or otherwise affects the 
 interests of the Crown, the formal assent should be given 
 to it before it finally passes the Commons.^ 
 
 Bills originating in one House are brought down to the 
 other House with a message, " That the Senate [or Com- 
 
 ' 48 Lords' J., 907 ; 67 E. Com. J., 468, 479 ; Gushing, p. 874. 
 
 ^ May, 588 ; 113 Lords' J., 419, 420 ; 125 E. Com. J. 346 ; 136 lb. 445, 446- 
 Canada Temperance Act, Can. Com. J. (1885), 458. For procedure in 
 moving every possible amendment to amendments from the upper 
 chamber, see Arrears of Rent (Ireland) Bill, 137 E. Com. J. 451 ; Land 
 Law (Ireland) Bill, 136 lb. 444, 448, 452. 
 
 ' Can. Com. J. (1873), 430 ; Sen. J. 330 ; timber duties at Quebec. 
 
 * Can. Com. J. (1874), 336. See supra, 571. 
 
 ^ ISorthern & Pacific Junction R. R. Bill, Can. Hans. (1886), 1605. 
 
REVIVAL OF A BILL TEMPORARILY SUPERSEDED. 633 
 
 mons] have passed a bill intituled, etc., to which they 
 desire the concurrence of this House." ^ It is usual for the 
 member who has charge of the bill to move immediately 
 that it be read a first time, and placed for its second read- 
 ing on the orders.^ The motion for the first reading will 
 be decided without amendment or debate, in accordance 
 with rule 42 of the Commons. The moment a bill comes 
 into possession of either House it is subject to all its rules 
 with respect to bills. 
 
 XVIII. Revival of a Bill temporarily superseded.— The question 
 has been frequently discussed in the Canadian House of 
 Commons, whether it is necessary to give notice of a 
 motion for the revival of a bill, which has temporarily dis- 
 appeared from the order paper.^ Rule 31 of the House, 
 which requires two days' notice of a motion says dis- 
 tinctly that an exception jshall be made of bills " after 
 their introduction."^ A notice for leave to introduce a 
 bill does not go on the order paper among the ordinary 
 notices, but is placed after " motions " at the head of the 
 paper containing the daily order of business,^ for the infor- 
 mation of the House. During the progress of routine 
 business — always before calling of orders of the day ^ — 
 the members propose their motions for leave to introduce 
 bills, in the manner previously explained in the opening 
 part of this chapter. If such motions were allowed to go 
 on the notice paper, the introduction of many bills would 
 necessarily be indefinitely postponed, since only particular 
 days or parts of days are devoted to " notices of motions," 
 and it not unfrequently happens that weeks elapse before 
 a particular motion is reached. The practice in the Oana- 
 
 1 Sen. J. (1878) 231, &c. ; Can. Com. J. (1878), 171 ; 129 E. Com. J. 281. 
 ^ Sen. J. (1878), 231 ; Com. J. (1878), 171 ; 132 E. Com. J. 110. 
 s Supra, 605. * Supra. 368. 
 
 ^ This practice was coramenced in the session of 1880, notices of bills 
 having previously appeared only in the votes. 
 ^ Supra, 302. 
 
634 PUBLIC BILLS. 
 
 dian House in reference to a bill temporarily superseded, 
 has been to move that it be read a second or third time, 
 or committed, (as the case may be), on a future day, a& 
 soon as motions have been called in their due order.' 
 Such a motion prevents surprise and is equivalent to a 
 notice. The same subject has also been considered in the 
 English House, and the same conclusion arrived at in 
 reference to a bill which had disappeared from the order 
 paper, on account of a committee having risen without 
 reporting.^ On another occasion it was decided : 
 
 "If a member wishes to alter a bill his course is to ask leave 
 of the House to withdraw the bill and present another instead 
 thereof. Under such circumstances no notice on the part of the 
 member in charge is necessaiy in order to raise the question 
 whether ho should, or should not, be permitted to present another 
 bill." 3 
 
 Again, when the motion for the second reading of a bill 
 has been negatived, it has been immediately followed by 
 another for reading it that day three or six months.^ If a 
 bill becomes a dropped order by the counting out of the 
 House it is competent for a member to revive it on a sub- 
 sequent day without notice." 
 
 In the Senate, on one occasion, a private bill was re- 
 
 ' Can. Speak. D. 132. Interest bill, 1870 ; insolvency bill, April 3, 1876 ; 
 Bill for relief of Robert Campbell, April 24 and 26, 1877, Can. Hans., 
 1837. Albert railway company bill, April 27, 1877. Criminal law 
 amendment bill, 30th March, 1883 (Mr. Speaker Kirkpatrick's decision). 
 Criminal Law Evidence Bill, Can. Com. J. (1884), 196, 203, 230 ; Fraud in 
 Contracts Bill, lb. 230, 232. Ash Divorce Bill, Ih. (1887), 330, 338 j 
 Cruelty to Animals Bill, lb. (1889), 109, 113. Lowry Divorce Bill, lb. 224, 
 226. Mr. Speaker Allan's decision. Law of Evidence Amendment Bill, 
 Sen. Deb. (J 886), 565, 568. 
 
 ^ See remarks of Mr. Speaker Denison on this point, 176 E. Hans. (3), 9^. 
 
 ■■' 215 E. Hans. (3), 303. Also 214 lb. 194. 
 
 * 107 E. Com. J. 267 ; 110 lb. 199. The same course may be followed in 
 case it is attempted to restore a bill lost in committee of the whole ; Sen. 
 Deb. (1886), 568. This is done to prevent a revival of the bill during the 
 same session. 
 
 = 262 E. Hans. (3), 1716 ; Blackmore's Sp. D. (1882), 34. 
 
INTEOD UCED B Y MISTAKE. 635 
 
 ferred to the supreme court for an opinion as to whether 
 it came within the jurisdiction of the parliament of Can- 
 ada, and as this was done by an amendment to the motion 
 for the third reading, the bill disappeared from the order 
 paper. Consequently when the judges had reported 
 favourably, it became necessary to restore the bill to the 
 paper, which was done without notice.^ 
 
 XIX. Bill introduced by mistake.— If a bill should be intro- 
 duced by mistake, and the order made for the second 
 reading, it will be necessary to move for the discharge of 
 the order and the withdrawal of the bill. In the session 
 of 1818, the minister of marine had two resolutions re- 
 specting merchants' shipping on the paper ; the House 
 agreed to one, and then he introduced a bill, which was 
 ordered to be read a second time on a future day. It 
 transpired, however, on the following day that he had in- 
 advertently introduced a bill respecting deck-loads which 
 was intended to be based on the second resolution, not 
 then adopted by the House. He was thereupon allowed 
 to withdraw the bill and introduce the one properly con- 
 sequent upon the passage of the first resolution.^ 
 
 XX. Expedition in passage of bills.— It is the usual and cor- 
 rect practice to allow a day or two to intervene between 
 the different stages of bills ; but during the latter part of 
 the session, when the House is anxious to dispose of the 
 
 1 Canada Provident Association bill, Sen. J. (1882), 273-4, 316 ; Deb. 698. 
 In the case of the Northwest Territories Bill, 1890, it was necessary to 
 move immediately that the bill be restored to the orders — a motion for 
 the third reading having been superseded by an amendment to the 
 Same, and it being the general desire to proceed at once with the 
 measure. Jour. 231-232 ; Deb., 1st May. See Mr. Speaker Allan's decision 
 on the point of order. 
 
 " March 26 and 27, 1878- See Can- Hans- (1878) 801 for an illustration 
 of a case where a private bill had been introduced before the application 
 has been reported on by the committee on standing orders. Also Can. 
 Com. J. (1880), 59, 63 (marriage bill). 
 
636 PUBLIC BILLS. 
 
 business before it, many bills are permitted to pass with 
 unusual speed. The rules of the Senate provide : 
 
 41. " Every bill is to undergo three separate readings, each on 
 a different day. 
 
 '42. " Bills of an urgent nature are sometimes allowed to pass 
 with unusual expedition through their several stages " ' 
 
 And the invariable practice in the Senate is, whenever 
 it is desired to read a bill more than once on the same 
 day, to move formally the suspension of the rule, in con- 
 formity with the practice of the House of Lords.'' The 
 Senate generally orders a bill for committee of the whole 
 on a future day,' but frequently towards the close of the 
 session it has gone immediately into committee thereon, 
 on a motion to that effect duly made and agreed to 
 without objection.* 
 
 Rule 43 of the Commons provides : 
 
 " Every bill shall receive throe several readings on different 
 days, previously to being passed. On urgent or extraordinaiy 
 occasions, a bill may be i-cad twice or thrice, or advanced two or 
 more stages on one day.'' 
 
 When the question has been raised in the Commons, it 
 has been generally decided that it is for the House to de- 
 clare whether there is such urgency as to require the 
 
 ' In the session of 1882, a motion was passed in the Senate to the effect 
 that government bills should be deemed " urgent " in accordance with 
 the 42nd rule. Sen. Hans. 693-700, 705 ; Jour. 318. Notice was given of 
 this motion, Min. of P., 504. See 261 E. Hans. (3), 670. 
 
 ^Sen. J. (1867-8), 293,294, 299, 309, 312, &c. ; Ih. 1878, (285-6) lb. 
 (1880), 274, 275; lb. (1882), 56 . J6. (1890), 283. Sen. Deb. (1889), 721. 
 Amendments made in a select committee to a bill may also be concurred 
 in forthwith ; Sen. Deb. (1884), 325. 
 
 '^ Sen. J. (1889) 226, 229.; lb. (1890) 229, 245. 
 
 * Ih. (1869), 226, 230; lb. (1S7S), 286; /6. (1890) 262, 264, 281. etc. In the 
 Lords (S. 0. of the 25-28 June, 1715, 20 May 1801, 3 July 1848, Ko. 39) 
 " No committee of the whole House shall proceed on any bill the same 
 day the bill is committed for the first time " and " no report shall be re- 
 ceived from any committee of the whole House the same day such com- 
 mittee goes through the bill." 
 
URGENCY. 637 
 
 rapid passage of the measure ;^ and whenever the sense 
 of the House is to take more than one stage on the same 
 day, the speaker has permitted it to be done. As a rule, 
 bills in the English Commons pass through their various 
 stages vv^ith an interval of a~day or two between each. If 
 a bill is amended in committee, it will not be considered 
 immediately and read a third time on the same day except 
 under exceptional circumstances. Towards the close of 
 the session, however, bills which have not been amended 
 in committee are frequently allowed to be read a third 
 time forthwith.^ " It was at the option of any hon. mem- 
 ber," said Mr. Speaker Denison on one occasion, " if he 
 thought it inconvenient or improper, to interfere ; but if 
 the body of the House was satisfied that there was no 
 objection, then it had not been unfrequent that a bill, if 
 it had passed through committee without amendment or 
 objection, should be read a third time and passed on the 
 same day." On the same occasion the mover of the bill 
 stated that he had given notice on a previous day that he 
 should ask to be allowed to pass the bill through all its 
 stages on that evening.' In fact, in England, as in this 
 country, when urgency can be shown, the House will 
 allow a bill to pass through several stages * (except money 
 
 iCan. Speak. D.Nos. 40,139, 140 ; also Can. Hans. (1878), 2006-7, 2157; 
 also 256 E. Hans. (3), 768. Speaker Brand said in 1880 : " It is occasion- 
 ally the custom to pass bills through their different stages at one and the 
 same sitting. That course, however, is never taken except in cases of 
 extreme urgency, and with the general assent of the House." 254 E. Hans. 
 (3), 609-10, 646. 
 
 ' E. 47 leaves it within the authority of the House to order the 3 R. 
 immediately in such a case : " When a hill is reported without amend- 
 ment, it is forthwith ordered to be read at such time as may he ap- 
 pointed by the House." Can. Hans. (1879), 1575, marine electric tele- 
 graphs bill. 
 
 ■'' 184 E. Hans. (3), 2107. See also Mr. Speaker Macpherson's decision ; 
 Sen. Deb. (1880), 216. 
 
 * May says " there are no orders to be found in the journals which for- 
 bid the passing of bills in this manner," p. 600. Also 244 E. Hans. (3), 
 1491-2. Can. Hans. (1886), 1714, a case in which urgency was pressed. 
 
638 PUBLIC BILLS. 
 
 bills of course) ^ on one day ; but such occasions seldom 
 arise, and the wise practice is to give full consideration to 
 every measure. 
 
 XXI. Bills, once introduced, not altered except by authority of 
 House.— While a bill is in progress in the Commons, no 
 alteration whaleA^er can be made in its provisions except 
 by the authority of the House. If it should be found 
 that a bill has been materially altered since its introduc- 
 tion it would have to be withdrawn.^ A clerical alteration, 
 however, is admissible.^ If it be necessary to make any 
 changes in a bill before the second reading, the member 
 in charge of it will ask leave to " withdraw the bill and 
 present another instead thereof." * In the Canadian House, 
 18*74, the order for the second reading of a bill relative to 
 usury was discharged, and the bill withdrawn. On the 
 following day, the member interested in the bill was 
 given leave to bring in another on the same subject, but 
 with an amended title.*^ In the session of 1882, the atten- 
 tion of the speaker was directed to the fact that the re- 
 presentation bill had been materially altered since its in- 
 troduction, and that it was not, in consequence of such 
 alterations, the same bill that had been presented a few 
 days before to the House. Mr. Speaker Blanchet at once 
 decided that the bill could not be allowed to proceed, and 
 that it was necessary " to follow strictly thereafter the 
 practice of the English parliament and not permit any 
 changes, except mere clerical alterations, in a bill when 
 once regularly before the House." The bill was accord- 
 ingly withdrawn and another immediately presented.* 
 
 ^ See supra. 559. No instance of this course being taken in England 
 witli regard to money bills, 239 E. Hans. (3), 1419. 
 >i215E. Hans. (3), 300. 
 » 108 lb. 969 ; 237 lb. 362-3. 
 
 * 111 E, Com. J. 211, 213; 117 lb. 202; 132 lb. 84, 243. 
 5 Can. Com. J. (1874), 123, 126. 
 « lb. (1882), 406. 
 
CORRECTION OF MISTAKES. 639 
 
 INo notice need be given in such cases, as the original 
 order of leave for the introduction is still operative.^ 
 
 XXII. Mode of correcting mistakes during progress of a Bill.— 
 Sometimes mistakes are discovered in bills after they have 
 been sent up to the other House. For instance, bills may 
 be sent without having 'passed all their stages, or with- 
 out certain amendments that had been made therein. 
 "When a bill has been sent up by mistake to the Lords 
 without certain amendments, a message has been trans- 
 mitted to that House asking them to make the necessary 
 amendments, either by adding the requisite provisions, or 
 by expunging certain clauses or parts of clauses.^ When 
 a bill has been sent up without having been read a third 
 time, a message has been received for its return ; and in 
 such a case, if the House agree to the request, the bill 
 will be discharged from the orders.^ On another occasion, 
 when several amendments made by the Commons were 
 not in the bill sent to the Lords, the former have trans- 
 mitted a correct copy of the bill." In the session of 18*75, 
 a bill " to incorporate the Eoyal Mutual Life Assurance 
 Company of Canada " was amended in the Senate and 
 sent back to the Commons, where the amendments were 
 concurred in. Subsequently the House of Commons was 
 informed by message that an amendment to the title had 
 been inadvertently left out in the copy of the bill sent 
 back to the Commons, and requesting that leave be given 
 to the proper officer of the Senate to supply the omission. 
 
 1215E. Hans. (3), 307. 
 
 2 78 E. Com. J. 317 ; 91 lb. 639 ; 92 lb. 609, 646 ; 100 lb. 804. 
 
 3 75 E. Com. J. 447 ; 80 lb. 512; 92 lb. 572. 
 
 *101 lb. 1277. In the old Canadian legislature the practice was gener- 
 ally to ask for the return of a bill, when it had been sent up without 
 amendments or was otherwise inaccurate. Leg. Ass. J. (1866), 268, 274 ; 
 379 ; 380. "When a bill has been sent down by mistake, a message is sent 
 for its return, and a new one then brought down. Leg. Ass. J. (1854-5), 
 1014. In another session, amendments were agreed to in error, and the 
 bill had to be brought back ; lb. (1865, 2nd sess.) 266, 269. 
 
640 PUBLIC BILLS. 
 
 It was accordingly resolved by the House to give the ne- 
 cessary leave, and a message was returned to that effect. 
 Then the omitted amendment was considered and regu- 
 larly agreed to.^ This is the ordinary practice now in the 
 case of an amendment being omitted in any bill.^ But 
 when a bill has been sent to the other House without 
 having passed through all the necessary stages, amessage 
 must be sent for the return of the bill ; and when it has 
 been brought back, it will be taken up at its proper stage 
 and passed in due form — the standing orders being sus- 
 pended when necessary.^ "When a bill has passed all its 
 stages, and it is discovered that it should have previously 
 received the royal consent, it will be necessary to strike 
 out the entry, and give an opportunity to the member in 
 charge of the bill to obtain the necessary assent.* 
 
 XXIII. Accidental Loss of a Bill during a session-— If a bill 
 presented to the House should be accidentally lost during 
 its progress, the House, on being informed by a member 
 that it is missing, will permit another bill to be presented ; 
 but the proceedings must begin de novo? In the session 
 of 1849 a large number of bills were destroyed by the 
 burning of the parliament house at Montreal ; and a com- 
 mittee was appointed to consider what was to be done 
 under the circumstances. The committee reported : "Your 
 committee consider that the substantial point to be ascer- 
 tained with a view to the public interest is the actual 
 
 1 Can. Com. J. (1875), 353-4 ; Sen. J. 258, 267. 
 
 2 103 E. Com. J. 736 ; 112 lb. 420. 
 
 » 119 lb. 370, 374 (Lords bill). In 1877, when an amendment had been 
 made by a select committee of the Commons, but not agreed to by the 
 house — not having been reported by the committee — the persons in- 
 terested in the bill took steps to have the amendment made in the Senate 
 forthwith ; this plan saved time. Kincardine harbour bill. Otherwise it 
 would have been necessary to ask for the return of the bill and com- 
 mence proceedings de novo. 
 
 * 107 E. Com. j" 157 ; ntpra, 541. 
 
 ' 2 Hatsell, 267 ; Bramwell, 28 ; 63 E. Com. J. Jesuits' Bark bill. 
 
ONCE PASSED OR REJECTED. 641 
 
 stage in which each bill was under the consideration of 
 the House at the time it was lost. "When that is once 
 ascertained to the satisfaction of the House, your commit- 
 tee can see no necessity upon any general principle to 
 treat them as in any other stage of parliamentary progress 
 towards completion than that in which the calamity by 
 which they were overtaken found them." ' By reference 
 to the proceedings of the legislature it will be seen that 
 in most cases a new bill was presented and passed imme- 
 diately through all its stages. For instance, a bill in 
 reference to marriages had been passed and returned by 
 the legislative council with amendments previous to the 
 fire. A message was afterwf rds sent to the council in- 
 forming them that the bill had been destroyed ; a new 
 bill was then sent up and passed by both Houses with- 
 out delay.^ 
 
 XXIV.— A bill, once rejected, not to be again offered in the same 
 session.— Exceptions to rule.— It has been elsewhere' shown 
 that it is a well established rule of parliamentary practice 
 that no question or motion can regularly be offered upon 
 which the judgment of the House has been expressed 
 during the current session. But while this rule is recog- 
 nized as a general one, it is limited in its application as 
 respects bills. In reference to amendments to bills, Hat- 
 sell lays down the uniform practice which still obtains in 
 the Canadian and English Parliaments : '■ That in every 
 stage of a bill, every part of the bill is open to amendment, 
 either for insertion or omission, whether the same amend- 
 ment has been, in a former stage, accepted or rejected." * 
 
 ' Leg. Ass. J. 1849, App. S.S.S.S. Mr. Baldwin was chairman. 
 
 ' Leg. Ass. J. (1849), 287. 298. Also Montreal Merchants' Exchange 
 and Reading-room bill. 285, 301 ; Quebec St. George's Society, 223, 302 ; 
 here the bill had finally passed both houses, and a new bill was ordered 
 and rules suspended ; Roman Catholic Archbishop of Quebec bill, 243, 
 287, 309, 313. 
 
 3 Chap, xi., s. 9. ''2 Hatsell, 135, n. 
 
 41 
 
642 PUBLIC BILLS. 
 
 But if an amendment has been rejected in a committee of 
 the whole on a bill, it cannot be proposed again during 
 the pendency of the bill in the committee.' 
 
 The following illustrations of the practice with refer- 
 ence to bills are given by the English authorities, and 
 are sufficient to show how far the application of the 
 general rule is carried in such cases : 
 
 Where the House has merely come to a vote, refusing 
 leave for the introduction of a bill, and a motion is after- 
 wards made, which is objected to on the ground of its 
 identity with the former, the question must be determined 
 by comparing together the two propositions as they stand. 
 Thus, where a motion was made for leave to bring in a 
 bill "to relieve from the payment of church rates that 
 portion of Her Majesty's subjects who conscientiously 
 dissent from the established church," which was decided 
 in the negative, a motion subsequently made " to relieve 
 dissenters from the established church from the payment 
 of church rates," was considered to be within the rule, 
 and consequently inadmissible, on the ground, that the 
 two propositions, though different in form and words, 
 were substantially the same.^ 
 
 If the second or third reading of a bill sent from one 
 house to the other, be deferred for three or six months, or 
 if it be rejected, it cannot be regularly revived in the 
 same session.' Again when a bill has finally passed, it 
 cannot be introduced again in the House where it was 
 presented.* But there are ways of evading this rule, when 
 
 1 May, 335 ; 211 E.'Hans. (3), 137. 
 
 •" 1 Haus. (3), 553. 
 
 •'May, 337; Bramwell, 27; Hakewell, s. 5; June 22, 1821, forgery 
 punishment ; Jan. 9, 1807, Ibid. 
 
 * May, 335- The Senate have a special rule on this point, No- 46 ; 
 " When a bill, originating in the Senate, has passed through its final 
 stage therein, no new bill for the same object can be afterwards originated 
 in the Senate during the same session." This rule came up for discussion 
 in the Senate in 1883, when a bill in amendment of a Senate bill passed 
 
ONCE PASSED OR REJECTED. 643 
 
 the necessity arises. For instance, if a bill begun in one 
 House be rejected in the other, " a new bill of the same 
 matter may be drawn and commenced again in that House 
 ■whereunto it was sent." Or, if a bill " being begun in 
 either of the Houses, and committed, it be thought by the 
 committee that the matter may better proceed by a new 
 bill, it is likewise holden agreeable to order, in such case, 
 to draw a new bill, and to bring it into the House."' Or 
 if a bill be altered in any material point, both in the body 
 and title, it may be received a second time.^ Or, when a 
 bill has been rejected in the Lords on account of its mul- 
 tifarious provisions, the House of Commons has given 
 leave for another bill to be brought in during the same 
 session for some of the matters contained in the former 
 bill, others being omitted ; but the House has in such 
 cases directed an entry to be made in the journals of the 
 reasons which induced the House to pursue this course.* 
 And when part of a bill has been omitted by the Lords, 
 and the Commons have agreed to such amendment, the 
 part so omitted has been renew^ed, in the same session, 
 in the form of a separate bill.' Again when the Lords 
 have inserted clauses in a Commons bill, which appear 
 to infringe upon the privileges of the latter, the bill has 
 been dropped ; and in such a case, the Commons have 
 allowed the introduction of another bill, containing the 
 amendments to which they have been willing to agree ; 
 and the bill has been ultimately agreed to by both Houses.^ 
 
 that session (booms in navigable waters bill) was introduced. It was 
 considered advisable to suspend the rule ; but the more correct course 
 would have been to have presented the bill in the Commons. Sen. Deb. 
 612-13. 
 
 1 Lords' J. 17th of May, 1606 : 2 Hatsell, 125 ; Bramwell, 27 ; 151 E. 
 Hans. (3), 699. 
 
 ' Bramwell, 27 ; Hakewell, sec. 5. 
 
 ' Bramwell, 27 ; E. Com. J., 9th of Jan , 1807. 
 
 " May, 336, drainage (Ireland) bill ; drainage and improvement of land 
 (Ireland) bill, 1863. " May, 337. 
 
644 PUBLIC BILLS. 
 
 Or, in case the bill is brought up with amendments to 
 which the Commons cannot agree consistently with a 
 regard to their own privileges, they may lay the bill 
 aside and bring in another.^ But if a bill has been 
 rejected during the session, and another bill is still before 
 the House containing provisions similar to those in the 
 former bill, it will be necessary for the House to strike 
 out those provisions which have been already negatived.^ 
 
 The foregoing examples illustrate cases where there is 
 a public necessity for passing a bill ; and it will be seen 
 that the Houses, in the means they took, did not practi- 
 cally violate the general rule, the wisdom of which is 
 obvious. The rule has always been strictly enforced in 
 the Canadian Commons ; notably in the case of two 
 Interest Bills in the session of 1870.' 
 
 In the session of 1817, Mr. Barthe introduced a bill to 
 repeal the insolvency bill,which was ordered for a second 
 reading on a future day. Some days later Mr. Palmer 
 introduced a bill with the same title, and to the same pur- 
 port. The question was raised, could the latter bill be 
 regularly presented, since there was already one on the 
 same subject before the House? By reference to the 
 English authorities it was found that a similar question 
 came up in the House of Lords during 1854, and Lord 
 Lyndhurst stated the rule as follows : " "Whilst a bill is 
 still pending, and until it is completely disposed of, there 
 is nothing whatever to prevent another bill for the same 
 object being introduced." Lord Lyndhurst also quoted 
 a memorandum from an eminent officer of the House of 
 Commons (Sir T. E. May) to this effect — " No objection 
 can be raised to the introduction of a bill into the House 
 
 '91 E. Com. J. 777, 810; revenue charges bill, 1854. 
 
 ^ 203 E. Hans. (3), 563. 
 
 ' Can. Com. J. (1870), 314 ; one bill was postponed for three months, 
 and the speaker refused to allow the introduction of another. Also Can. 
 Sp. D. Nos. 51, 111 ; 123 E. Com. J. 132, 145. 
 
ROYAL ASSENT. 645 
 
 of Commons on the ground of there being a similar bill 
 already before the House. Indeed we have at present two 
 India bills before us,— Lord Palmerston's and Lord Derby's 
 — awaiting a second reading. It is the rejection and not 
 the pendency of a bill that creates a difficulty as to the 
 ulterior proceedings. The rule applies to both Houses." ^ 
 In the case of the insolvency bills just referred to, Mr. 
 Barthe's was postponed for three months, and when the 
 order for the second reading of the other came up, Mr- 
 Palmer moved that it be discharged. Many cases of bills 
 to the same effect having been introduced in the same 
 session, will be found in the Canadian journals.^ 
 
 It is always regular for a member to introduce a second 
 bill upon the same subject, with the intention of moving 
 the discharge of the order on the first bill, when leave 
 has been given for the introduction of the second.^ 
 
 XXV. Eoyal Assent to Bills.— The bills passed by both 
 Houses remain in the possession of the clerk of the Parlia- 
 ments ' or clerk of the Senate as he is commonly called, 
 (with the exception of the supply bill which is always 
 returned to the Commons), ^ until his Excellency the 
 Grovernor-G-eneral, comes down to give the royal assent 
 in her Majesty's name. "When his Excellency has taken 
 his seat upon the throne and the Commons are present at 
 the bar, the clerk of the crown in chancery reads seriatim 
 the titles of the bills which are to receive the royal assent. 
 Then the clerk of the Parliaments having made his obeis- 
 ance to the governor-general gives the royal assent in the 
 prescribed formula." 
 
 1151 E. Hans. (3), 699; 204 /6. 2046. Mr. Speaker Kirkpatrick on 
 supreme court bill, Can. Hans. (1885) 270 ; Gushing, sec. 2321. 
 
 ^ Leg. .iss. J., March 29, 1849 ; increase of representation bill. Colonist 
 debates ; interest bill, 1870. 
 
 3 261 E. Hans. (3) 670. 
 
 *<SMprai, 204, 205. ^ ^-upra, 572. 
 
 " Sen. J. (1878), 296-7 ; Com. J. 299-310, &c. 
 
646 PUBLIC BILLS. 
 
 As a rule all the bills receive the royal assent at the end 
 of the session, when the governor- general conies down to 
 prorogue parliament. In 186'7-8, however, it was found 
 necessary to adjourn from December to March, and his 
 Excellency consequently came down on the day of adjourn- 
 ment and assented to all the bills passed up to that 
 time.^ Sometimes in a great public emergency it is neces- 
 sary to give immediate effect to an act. This was done in 
 the session of ISYO — the year of the Fenian difficulties — 
 when a bill " to authorise the apprehension and detention 
 of persons suspected of committing acts of hostility or 
 conspiring against her Majesty's person and government " 
 was passed through all its stages and received the royal 
 assent on the same day." In 1873, 1878, 1880, 1880-1, 1882, 
 1884, 1885, 1888, 1890, and 1891, a number of bills were 
 assented to in the course of the session. On such occa- 
 sions, when the House of Commons returns from the 
 Senate chamber, the speaker (who has received a list from 
 the clerk of the Senate) will report the acts to the House, 
 so that the titles may appear on the journals.' 
 
 It is an old constitutional rule that the royal assent is 
 due and should be given to all bills which have passed 
 all their stages in the two Houses, and are ready for that 
 assent, when the queen or her representative comes down 
 for that express purpose. For some unexplained cause, 
 this rule was not observed in the session of 1890, w^hen 
 the assent was given to a number of bills in the course 
 of the session.* 
 
 When any bills have been reserved the titles have also 
 been read by the clerk of the crown in chancery, and the 
 clerk of the Parliaments has announced the fact in these 
 words in the two languages : 
 
 1 Can. Com. J. (1867-8), 134. ' lb. (1870), 186, 188. 
 
 ' lb. (1878), 177 ; 131 E. Com. J. 103, &c, 
 
 * See remarks of Mr. Blake, Can. Hans. (1890) 2594, 2595 ; May, 592 ; 2 
 Hatsell, 339. No action was taken on seventeen bills. 
 
RESERVED. 647 
 
 " His Excellency the Governor-General, doth reserve these 
 bills for the signification of her Majesty's pleasure thereon." 
 
 The following are the sections in the British North 
 America Act, 1867, which refer to the royal assent and to 
 reserved bills : 
 
 55. " Where a bill passed by the Houses of Parliament is pre- 
 sented to the governor-general for the queen's assent, he shall 
 declai-e, according to his discretion, but subject to the provisions 
 of this act and to her Majesty's instructions, either that he assents 
 thereto in the queen's name, or that he withholds the queen's 
 assent, or that he reserves the bill for the signification of the 
 queen's pleasure. 
 
 56. "Where the governor-general assents to a bill in the 
 queen's name, he shall, by the first convenient opportunity, send 
 an authentic copy of the act to one of her Majesty's principal 
 secretaries of state, and if the queen in council within two years 
 after I'eceipt thereof by the secretary of state thinks fit to dis- 
 allow the act, such disallowance (with a certificate of the secre- 
 tary of state of the day on which the act was received by him) 
 being signified by the governor-general, by speech or message to 
 each of the houses of the parliament, or by proclamation, shall 
 annul the act from and after the day of such signification. 
 
 57. " A bill reserved for the signification of the queen's plea- 
 sure shall not have any force unless and until within two years 
 from the day on which it was presented to the governor-general 
 for the queen's assent, the governor-general signifies by speech or 
 message to each of the Houses of the Parliament or bypi-oclama- 
 tion that it has received the assent of the queen in council. An 
 entry of every such speech, message, or proclamation, shall be 
 made in the journals of each House, and a duplicate thereof duly 
 attested shall be delivered to the proper officer to be kept among 
 the records of Canada.'' 
 
 The foregoing sections are also found in the union act 
 of 1840, and the constitutional act of 1791.^ The governor- 
 general's instructions, previous to 1878, directed him not 
 
 ' 3 & 4 Vict., c. 35, ss. 37, 38, 39 ; 31 Geo. III., o. 31, ss. 30, 31, 32. See 
 also 14 Geo. III., c. 83, s. 14, as to his Majesty's approval of ordinances 
 passed by the legislative council of those days ; supra, 12. 
 
648 PUBLIC BILLS. 
 
 to assent in her Majesty's name to any bill within the 
 following classes : 
 
 1. Any bill for the divorce of persons joined together in holy 
 matrimony. 
 
 2. Any bill whereby any grant of money or land, or other do- 
 nation or gratuity, may be made to the governor. 
 
 3. Any bill whereby any paper or other currency may be made 
 a legal tender, except the coin of the realm or other gold or silver 
 coin. 
 
 4. Any bill imposing differential duties. 
 
 5. Any bill, the provision of which shall appear inconsistent 
 with obligations imposed on the sovereign by treaty. 
 
 6. Any bill interfering with the discipline or control of her 
 Majesty's forces in the dominion by sea and land. 
 
 7. Any bill of an extraordinary nature and importance, where- 
 by the royal prerogative, or the rights and property of her Ma- 
 jesty's subjects not residing in the dominion, or the trade and 
 shipping of the United Kingdom and its dependencies may be 
 prejudiced. 
 
 8. Any bill containing provisions to which our assent has been 
 once refused, or which has been disallowed by the queen. 
 
 " Unless such hill shall contain a clause suspending the opera- 
 tion of the same until the signification in our said dominion of our 
 pleasure thereupon, or unless you shall have satisfied yourself 
 that an urgent necessity exists, requiring that such bill be brought 
 into immediate operation, in which case you are authorized to 
 assent in our name to said bill, unless the same shall be repug- 
 nant to the law of England, or inconsistent with any obligations 
 imposed on us by treaty. But you are to transmit to us, by the 
 earliest opportunity, the bill assented to, together with j^our rea- 
 sons for assenting thereto." ' 
 
 In accordance with these instructions, the governor- 
 general, between 1867 and 1878 inclusive, reserved 
 twenty-one bills of the parliament of Canada.^ Of these 
 
 > Sen. J. (1873), 74 ; Sess. P. 1867-8, No. 22. 
 
 ^ See Sen. and Com. J. of 1867-8, 1869, 1872, 1873, 1874, 1875, 1877 & 
 1878. 
 
RESERVED. 649 
 
 eleven related to divorce, and received the assent of the 
 queen in council with little or no delay .^ 
 
 Among the other bills was one to reduce the salary of 
 the governor-general, to which her Majesty's advisers re- 
 fused to give their approval, on the ground that a reduc- 
 tion in the salary would place the high office in question 
 in the third class among colonial governments. In 1869, 
 the dominion parliament passed a bill, re-enacting the 
 clause in the imperial statute of 1867, fixing the salary at 
 .£10,000 sterling ; and this act subsequently became law 
 though it too was reserved, in accordance with the royal 
 instructions.^ In 18*72, a bill respecting copyrights was 
 reserved, and never received the approval of the imperial 
 government, because it conflicted with imperial legisla- 
 tion.' 
 
 In 186'7-8, the governor-general reserved a bill "respect- 
 ing the treaty between her Majesty and the United States 
 of America, for the apprehension and surrender of certain 
 offenders " ; but, whilst necessarily reserved under the 
 royal instructions, it subsequently received the royal as- 
 sent, as it was within the jurisdiction of the Canadian 
 parliament, and in accordance with the treaty obligations 
 of England.* In IS'IS and 1814, two other bills on the 
 subject of extradition generally were reserved, and never 
 became law, though the dominion government earnestly 
 ■contended at the time that it has full powers to deal 
 with the question. ^ 
 
 ' See the case of Harris divorce bill disallowed in 1845, because the 
 parties were not at the time domiciled in Canada — Mr. Harris being an 
 officer in the army — and the courts of law would not on that account 
 consider such an act as a valid divorce. Can. Leg. Ass. J. (1846), 29. 
 
 2 32-33 Vict., c. 74 ; Can. Sess. P. 1869, No. 73. See proclamation in the 
 Canada Gazelle, Oct. 16, 1869, and Can. Stat. 1870. 
 
 ' Can. Sess. P. 1875, No. 28. 
 
 * 31 Vict., c. 94, amended by 33 Vict., c. 25. 
 
 " See Todd, Pari. Govt, in the Colonies, 204, el seq, ; Can. Sess. P. 1876, 
 Ho. 49 ; lb. 1877, No. 13, pp. 10-18. And see Eev. Stat, of Can. c. 142. 
 
650 PUBLIC BILLS. 
 
 In 18*74, a bill to regulate the construction and mainten- 
 ance of marine electric telegraphs was reserved, because 
 it mio-ht " possibly be considered to prejudice the interests 
 and riffhts of property of her Majesty's subjects not resid- 
 ing in Canada," as provided against in the seventh para- 
 graph of the royal instructions ; but all difficulty w^as 
 removed by the passage of another bill in a subsequent 
 session, in order to meet the views of the opposing par- 
 ties.'^ In ISTS and 18*78, the governor-general reserved 
 three bills : 1. An act respecting the shipping of seamen ; 
 2. An act relating to shipping, and for the registration, 
 inspection and classification thereof ; 3. An act to repeal 
 section 23 of " the merchants' shipping act, 1876," as to 
 ships in Canadian waters. The first two acts subse- 
 quently received the royal assent in council, and procla- 
 mation thereof was duly made by the governor-general 
 in the Canada Gazette,^ but the third act (of 18*78) never 
 became law, as it was considered to contain provisions 
 in excess of the powers of the Canadian parliament.^ 
 
 Since 1878, the royal instructions have been amended 
 in certain material particulars. These instructions were 
 originally framed for provinces and colonies possessing 
 limited powers of self-government, and could not possi- 
 bly apply to a dependency of the Crown, " which is en- 
 titled to so full an application of the principles of consti- 
 tutional freedom as the dominion of Canada." ^ "When the 
 commission and instructions of the governor-general 
 wpre at last revised, the imperial authorities recognized 
 the peculiar position of Canada and omitted the clause in 
 the instructions relating to bills. These and other changes 
 
 1 38 Vict, c. 26 ; Can. Sess. P. 1875, No. 20 ; lb. 1877, No. 119. 
 
 •* See beginning of statutes of 1874. It has been the practice to print 
 reserved bills, when subsequently sanctioned by the Crown in thiS' 
 way, in the statutes. The proclamation always appears in the Canada 
 Gazelle. 
 
 " Todd, Pari. Govt, in the Colonies, 150. 
 
 " Can. Sess. P. 1877, No. 13, p. 4. 
 
IMPERIAL POWER OF DISALLOWANCE. 651 
 
 were the results of the action of the government of Cana- 
 da in 1816 and 1 8*7*7, when the minister of justice (Mr. 
 Blake) made various suggestions, in an elaborate state 
 paper, which were practically adopted by the imperial 
 ministry. In his memorandum on the subject he directed 
 attention to the fact that " it would be better and more 
 conformable to the spirit of the constitution of Canada, as 
 actually framed, that the legislation should be completed 
 on the advice and responsibility of her Majesty's privy 
 council for Canada ; and that as a protection to imperial 
 interests, the reserved power of disallowance of such 
 completed legislation is sufficient for all purposes." In 
 the final despatch on the subject, the colonial secretary of 
 state mentioned that the clause in the former royal instruc- 
 tions, requiring that certain classes of bills should be re- 
 served for her Majesty's approval, " was omitted from, the 
 revised instructions, because her Majesty's government 
 thought it undesirable that they should contain anything 
 which could be interpreted as limiting or defining the 
 legislative powers conferred in 1867 on the dominion 
 parliament." ' 
 
 In 18*78, an act passed by the parliament of Canada 
 to effect a judicial separation of certain parties from the 
 bonds of matrimony received the assent of the gover- 
 nor-general, though it would have been reserved in pre- 
 vious years, in accordance with the old instructions.^ The 
 only bill reserved since 18*78 was one entitled 'an act 
 further to amend the act respecting fishing by foreign 
 vessels," vsrhich affected the international relations be- 
 tween England and the United States.^ 
 
 It is now understood that the reserved power of disal- 
 
 ^ Can. Sess. P. 1877, No. 13. See despatch of Sir Michael Hicks Beach, 
 colonial secretary of state, 3rd of May, 1879 ; Can. Sess. P. 1880, No. 51 
 (not printed). ^ 42 Vict, c. 79 ; Sen. Deb. (1879), 287- 
 
 ' In 1886, Sen. J. 284, 285. See Bourinot, Federal Government in 
 Canada, 36. 
 
652 PUBLIC BILLS. 
 
 lowance which her Majesty in council possesses under the 
 law, is sufficient for all possible purposes/ This power 
 of disallowance can be exercised, not merely in cases 
 where imperial interests are affected, but even in matters 
 of a purely local character, when it is shown that the act 
 is beyond the jurisdiction of the dominion parliament. 
 For instance, in 18*73, the imperial government disallowed 
 an act " to provide for the examination of witnesses on 
 oath by committees of the Senate and House of Com- 
 mons in certain cases," on the ground that it was beyond 
 the competency of the parliament of Canada. As shown 
 elsewhere, doubts were expressed in the House during its 
 passage as to its legality ; but the governor-general, in 
 view of the necessity that existed at that time for the 
 measure, gave the royal assent, and then directed the 
 attention of the imperial authorities to the subject, with 
 the result just stated.^ This precedent shows the value 
 of the power of disallowance under certain circumstances, 
 and that it is equal to all exigencies. 
 
 In accordance with established usage no act of the par- 
 liament of Canada can be disallowed, except upon the 
 issue of an order of the queen in council.^ The mode of 
 informing parliament of the disallowance has already 
 been given in section 56 of the British North America 
 Act.^ 
 
 Acts are sometimes passed with suspending clauses ; 
 that is, although assented to by the governor-general, 
 they do not come into operation or take effect in the 
 dominion until they shall have been specially confirmed 
 by her Majesty in council. In this way, bills are prac- 
 
 ' Can. Sess. P. 1877, No. 13, p. 9. 
 
 ^ Can. Com. J. 1873, 2nd sess., 5, et seq. See supra, 525, 526, where the 
 history of the act is given. 
 
 ' Col. regulations, No. 51 ; col. office list, 1890. 
 
 * Can. Com. J. 1873, 2nd sess., 5 ; Sen. J. 14. See Leg. Ass. J. 1860, p. 
 vi. for a proclamation disallowing a Canadian act. 
 
ROYAL ASSENT. 653 
 
 tically reserved, since it is only by order in council that 
 they become law. "When approved and confirmed by the 
 Crown, a proclamation will appear in due form in the 
 Gazette, to bring the act into force.^ 
 
 The following is the only paragraph in the amended 
 instructions that refers to legislation in Canada : 
 
 IV. " Oar said governor-general is to take care that all laws 
 assented to by him in our name, or reserved for the signification 
 of our pleasure thereon, shall, when transmitted by him, be fairly 
 abstracted in the margins, and be accompanied in such cases as 
 may seem to him necessary, with such explanatory observations 
 as may be required to exhibit the reasons and occasions for pro- 
 posing such laws ; and he shall also transmit fair copies of the 
 journals and minutes of the proceedings of the parliament of our 
 said dominion, which he is to require from the clerks or other 
 proper officers in that behalf, of the said parliament.'' 
 
 The same paragraph has always appeared in substance 
 in the instructions issued to the governors-general of 
 Canada since 1763.^ An act of the parliament of Canada 
 requires the clerk of parliaments to certify and deliver to 
 the governor-general a bound copy of the statutes for 
 transmission to one of the secretaries of state, as required 
 by section 56 of the B. N. A. Act, together with certified 
 copies of all reserved bills. ^ 
 
 Hatsell quotes Sir Edward Coke as saying in 1621 : 
 ""When bills have passed both Houses, the king's royal 
 assent is not to be given, but either by commission or in 
 person, in the presence of both Houses." In his comments on 
 this point, Hatsell shows that " the law of this realm is, 
 and always hath been " to this effect.^ The British North 
 
 1 Col. regulations, No. 49 ; col. office list, 1890. See 33 Vict., c. 14, s. 3. 
 
 ^ See copy of instructions issued to Governor Murray, 7th of Dec., 1763, 
 in Doutre et Lareau, Histoiie du Droit Canadien, 556. 
 
 ' 35 Vict., c. 1, s. 4; Rev. Stat, of Can., c 2, s. 4. 
 
 * 2 Hatsell, 338. Dr. Todd does not consider the practice of giving the 
 assent in the presence of the two Houses as " essential " (Pari. Gov. in 
 the Colonies, 131). The practice, however, in this country has been uni- 
 
654 PUBLIC BILLS. 
 
 America Act, like previous imperial statutes providing 
 constitutions for Canada, is silent on the question ; but it 
 has always been the practice to follow the ancient usage 
 of the parent state in this respect, and to give the assent 
 of the sovereign in the upper chamber in the presence of 
 both Houses. 
 
 In 1841, the governor-general, Lord Sydenham, was un- 
 able to come down to the legislative council, but sent a 
 message on the l7th of September requesting the mem- 
 bers of the two Houses to adjourn on the afternoon of that 
 day to government house, where he would declare the 
 royal pleasure on the bills passed that session. But in 
 consequence of the serious turn his illness bad taken (he 
 died two days later) the assent could not be given at 
 government house. On the 18th of September a deputy- 
 governor formally assented to all the bills in the chamber 
 of the legislative council.^ In this case it will be seen that 
 the proposed departure from constitutional usage was only 
 as to the place Avhere the assent was to be given. 
 
 In 18*79, a dead-lock occurred between the two Houses 
 in the province of Quebec, and the assembly adjourned 
 for two months, but the council remained in session for 
 some time later. The lieutenant-governor came down to 
 the council chamber a few days after the adjournment of 
 the assembly, and gave the royal assent to the bills passed 
 up to that time. The speaker, and oificers of the House, 
 including the serjeant-at-arms with the mace, were pre- 
 sent outside the bar. Subsequently, when the assembly 
 met, it was proposed to pass a bill to remove doubts as to 
 the legality of the assent, but the session came to a pre- 
 mature close on account of the defeat of the ministry, 
 before any measure could become law. "When the lieu- 
 
 form in accordance with the wise principle of following British consti- 
 tutional usage in the opening and the closing of the legislatures of this 
 country. 
 1 Leg. Ass. J. (1841), 63S, 640. 
 
THE ASSENT IN THE LOCAL LEGISLATURES. 655 
 
 tenant-governor prorogued the legislature, he gave the 
 assent again to all the bills in the presence of the two 
 Houses — his previous proceeding being deemed insuffi- 
 cient/ 
 
 Should a bill receive the royal assent without having, 
 through some inadvertence, passed through all its stages 
 in the two Houses, then a serious question as to the vali- 
 dity of the statute may arise. Oases of this nature have 
 occurred in the parliamentary practice of England and 
 Canada. In 1829, the Lords amended a Commons bill 
 relating to the employment of children in factories, but 
 did not send it back that the Commons might consider it 
 as amended. After it had received the royal assent, the 
 speaker of the Commons drew attention to the mistake. 
 The amendment was agreed to by the House, after a con- 
 ference on the subject, and a bill was passed to render 
 valid and effectual the act in question. In 1843, Mr. 
 Speaker Lefevre called attention to the fact that the School- 
 masters' "Widows' Fund (Scotland) Bill had been returned 
 by the Lords to the Commons with amendments, but be- 
 fore these were agreed to, it was taken up by mistake to 
 the other chamber, and though it had not the usual 
 endorsement, a ces amendmens les communes sont assentus, the 
 mistake was not noticed, but the bill received the royal 
 assent in due form. In this case also, a new act was con- 
 sidered necessary to give validity to the measure.^ 
 
 In 1817, the lieutenant-governor of Quebec assented to 
 a bill intituled " an act to provide for the formation of 
 joint-stock companies for the maintenance of roads and the 
 destruction of noxious weeds," though it had only been 
 
 1 Quebec Leg. Coun. J. (1879), 208, 221 ; Ass. J. 350, 352 ; Montreal 
 Gazette and Herald, Oct. 28, and Nov. 1. It is stated on the authority of 
 the first paper that when the speaker presented himself on the first occa- 
 sion of the assent being given, he did not occupy the place specially 
 provided for him at such ceremonies. See Ann. Eeg. (1879) 172-9. 
 
 2 69 E. Hans. (3), 427. See Bourke's Precedents, 64-6. May, 600-3. 
 
656 PUBLIC BILLS. 
 
 read twice in the assembly. Apparently in tlie hurry of 
 the last hours of the session, the clerk, by mistake, had 
 certified it as passed without amendment. The error was 
 immediately discovered by the attorney-general, whO' 
 made a report to the authorities at Ottawa, and suggested 
 that the act be disallowed. The minister of justice (Mr, 
 Blake) declined to take this course because the bill was 
 not an act, but only so much blank paper. He pointed 
 out that, according to precedent, an act might be passed 
 in the legislature to declare the act to be invalid, and 
 that, meanwhile, it was in the power of the lieutenant- 
 governor in council to refrain from putting it into opera- 
 tion. The Quebec government concurred in this opinion,, 
 and directed that the act should not be printed among the 
 statutes of the session.^ It will be remarked that, in the 
 English cases cited above, parliament was sitting when 
 the mistakes were discovered, and was able to provide 
 against the difficulty that might arise. In the Quebec 
 case, the government had to deal with it at once on their 
 own responsibility. 
 
 XXVL The Assent in the Provincial Legislatures.— While the 
 governor-general, and the lieutenant-governors of Ontario, 
 Quebec, Manitoba and British Columbia assent to bills 
 in her Majesty's name, a diflFerent practice prevails, now 
 as before confederation, in the maritime provinces of the 
 dominion. In Nova Scotia, New Brunswick, and P. E. 
 Island, the lieutenant-governors give the assent in their 
 own names ; the reasons for this difference of practice 
 have never been authoritatively explained. 
 
 By section 90 of the B. N. A. Act, 186*7, it is provided 
 that the provisions of sections 55, 56 and 5'7, are " made 
 applicable in terms to the respective provinces and the 
 legislatures thereof, with the substitution of the ' lieuten- 
 ant-governor ' of the provinces for the ' governor-general, ' 
 
 ' Can. Com. Sess. P. 1879, No. 19, p. 20, and No. 26. 
 
RESERVED OR VETOED. 65*7 
 
 of the ' governor-general ' for the ' queen ' and for a 
 ' secretary of state,' of ' one year' for two years, and of the 
 province for ' Canada. ' " Consequently it is now within 
 the discretion of a lieutenant-governor in any province, 
 when any bill is presented to him for the necessary 
 assent, to reserve the same " for the signification of the 
 pleasure of his excellency the governor-general there- 
 on." Such a bill cannot go into operation unless, within 
 one year from the date of its having been reserved, the 
 governor-general shall issue his proclamation intimating 
 that it has received the assent of the governor in council.' 
 The governor-general in council also possesses the same 
 power with respect to provincial acts that her Majesty in 
 council can exercise in the case ofdominion acts, and may 
 at any time within a year from the ^Swirg of a provincial 
 act, disallow it for good and sufficient reasons.^ This im- 
 portant subject is briefly reviewed in the first chapter of 
 this work. 
 
 The lieutenant-governors of the provinces have some- 
 times reserved bills for the consideration of the governor- 
 general in council.^ In Nova Scotia, New Brunswick, 
 and P. E. Island — but not in the other provinces — they 
 have also, on several occasions, withheld their assent from 
 bills passed by the legislature ^ — a power not exercised 
 by the Crown in England since the days of Queen Anne.' 
 
 ' These proclamations always appear in the Canada Gazette and Canaxla 
 Statutes. 
 
 ' See Canada Gazette, Dec. 4, 1869, p. 386. 
 
 3 Nova S. Ass. J. (1869), 126 ; New B. Ass. J. (1874), 224 ; P. E. I. Ass. 
 J. (1879), 229 ; British C. Ass. J. (1873), 79 ; Man. Ass. J. (1879), 83 ; Ont. 
 Ass. J. (1873), 374 ; Quebec Ass. J. (1878), 213. 
 
 * Nova S. Ass. J. (1875), 124; New B. Ass. J. (1870), 229 ; P. E. I. Ass. 
 J. (1880), 284. See also Nova Scotia J. for 1879 and 1883 ; New Brunswick 
 J. for 1871, 1872, 1875, 1877 and 1882. 
 
 5 In i 707, in the case of a bill respecting the militia in Scotland. See 
 
 18 Lords' J. 506. We find in the history of Nova Scotia a remarkable 
 
 case of an appropriation bill having been vetoed in 1809 by jDr. A. Croke, 
 
 when president or administrator of the province. See a paper on the 
 
 42 
 
658 PUBLIC BILLS. 
 
 The power is^ however, expressly given to them as well 
 as to the governor-general by sections 55 and 90 of the 
 British North America Act ; but the latter has never 
 given the veto to an act of the parliament of the dominion. 
 Nor can we find any example of the exercise of the power 
 in the records of the legislatures of the old province of 
 Canada, even in those times when the constitutional rights 
 of the colony were limited. The minor power of reserving 
 bills was always considered quite suflBcient in those 
 times.^ 
 
 Section 55 of the British North America Act now applies 
 expressly to the provinces of the dominion, and conse- 
 quently in reserving, or withholding the assent from bills 
 the lieutenant-governors are to act not merely on their 
 own "discretion," but " subject to instructions " which 
 must necessarily emanate from the goveraor-general in 
 council, since these high officials now occupy the same rela- 
 tion towards the dominion government that the gover- 
 nor-general occuj/ies towards the imperial authorities.^ 
 In the absence of these instructions, they are thrown on 
 
 subject by Lieutenant-Governor Sir Adams Archibald, N. S. Historical 
 Society, 1879-80, vol. ii., pp. 121, 122 ; Murdoch's History, iii, 288. 
 
 ' Between 183G and 1864, three hundred and forty-one bills of the legis- 
 latures of the provinces of British North America were reserved or sus- 
 pended in their operation, but the number diminished with the establish- 
 ment and in the operation of responsible government. E. Com. P. 1864, 
 vol. xl., p. 665 ; Todd, Pari. Govt, in the Colonies, 140. 
 
 '^ " The provision in the B. N. A. act, 1867, that the governor-general may 
 reserve a bill for the signification of her Majesty's pleasure was solely 
 made with a view to protection of imperial interests, and the maintenance 
 of imperial policy, and in case the governor-general should exercise the 
 power of reservation conferred on him, he would do so in his capacity as 
 an imperial officer and under royal instructions. So in anj^ province the 
 lieutenant-governor should only reserve a bill in his capacity as an ofiicer 
 of the dominion, and under instructions from the governor-general." 
 Sir John A. Macdomald, minister of justice, in his report on the Ontario 
 Orange bills of 1873, Out. Sess., P. 1st sess., 1874, No. 19. Also Can. Sess. 
 P., 1882, No. 141, p. 161. We have no official information of such " in- 
 structions " having been issued to lieutenant-governors. 
 
THE VETO IN CERTAIN LEGISLATURES. 659 
 
 their own discretion and forced to come to a conclusion 
 on such matters with the assistance of any advice that 
 their ministry may give them under the circumstances. 
 But whilst we may, by reference to the past practice of 
 governors-general in Canada come to some conclusion as 
 to the position of lieutenant-governors with reference to 
 reserving bills, we have nothing whatever before us as 
 a guide to the principles which have influenced these 
 functionaries in the exorcise of thp extreme power 
 of veto. The section in question makes instructions as 
 necessary, in the case of withholding assent, as in that of 
 reserving bills. It might be supposed that the exercise 
 of the minor power of reserving bills for the conside- 
 ration of the governor-general, would suffice to meet 
 the most extreme case where dominion interests would 
 be imperilled by provincial legislation. In fact, the his- 
 tory of " disallowance " shows that the general power 
 possessed by the general government of annulling such 
 provincial acts as are considered objectionable is quite 
 sufficient to meet all possible exigencies that may arise. 
 Under these circumstances, it is impossible to arrive at 
 any definite conclusion as to the necessity that exists for 
 using at all so extreme a power. All that can be assumed 
 is that, if the lieutenant-governors have not exercised the 
 power by virtue of the instructions to which they are 
 certainly subject under the British North America Act, 
 then they were obliged at times to use their own discre- 
 tion, under very exceptional circumstances, in order to 
 prevent the further progress of measures, which contained 
 provisions clearly unconstitutional or injurious to the in- 
 terests of the dominion, whose officers they are.^ 
 
 The position of a lieutenant-governor's advisers, under 
 
 ' See Todd, Pari. Govt, in the Colonies, 396, where he endeavours to 
 explain the position of one lieutenant-governor from whom he had a 
 private memorandum on the subject ; the information he gives is vague 
 though it justifies in a measure the assumption in the text. 
 
660 PUBLIC BILLS. 
 
 these exceptional circumstances, is very difficult to explain 
 in accordance with the principles of responsibility that 
 govern a ministry in their relations with parliament and 
 the head of the executive. It is not possible to suppose 
 in these times that a bill passed by the Lords and Com- 
 mons should be formally presented to the sovereign to be 
 refused ; for such a proceeding would be an acknowledg- 
 ment that the ministers who advised it were no longer 
 responsible for legislation, did not enjoy the confidence of 
 parliament, and consequently were not in a position to 
 advise the Crown. One cannot but come to the conclusion 
 that while the power of " reserving " bills may still be 
 exercised at times with benefit to the dominion at large, 
 no possible reason can be found for sustaining the veto 
 as it has been sometimes used in the lower provinces. The 
 veto is clearly just as irreconcilable with the principle 
 of responsible government in each province as it would 
 be in the case of the government of the dominion itself."^ 
 
 XXVII. Amendment or Eepeal of an Act in same Session. — Section 
 five of the Interpretation Act of 1861-8, provides that 
 " any act of the Parliament of Canada may be amended, 
 altered or repealed by any act passed in the same session 
 thereof." ^ 
 
 By an act passed in 1883, the foregoing section was 
 amended by adding the following as a sub-section : " The 
 
 ' " It cannot be imagined that a law should have received the consent 
 of both houses of parliament, in ■which the responsible ministers of th& 
 Crown are sitting, debating, acting, and voting, unless those who advise- 
 the Crown have agreed to that law, and are therefore prepared to counsel 
 the sovereign to assent to it. If a law were passed by the two Houses 
 against the will and opinion of the ministers of the day, those ministers 
 must naturally resign their offices, and be replaced by men in whose 
 wisdom parliament reposed more confidence, and who agreed with the 
 majorities in the two Houses." Lord Palmerston, 159 E. Hans. (3), 1386. 
 
 ^ 31 Vict. c. 1 ; Eev. Stat, of Can., c. 1 ; s. 6. See Can. Com. J. 1879r 
 petroleum acts ; 1882, Ontario Bank ; 1883, booms and works in navigable 
 waters bill. 
 
THE STATUTES. 661 
 
 repeal of any act, or part of an act, shall not revive any 
 act or provision of law repealed by such act, or part of an 
 act, or prevent the eflFect of any saving clause therein." ' 
 
 XXVin. Commencement of an Act,— It is also provided by 
 law that the clerk of the Senate shall endorse on every 
 act of parliament, immediately after the title, the day, 
 month, and year when it received the assent of her Ma- 
 jesty, or was reserved for the signification of her pleasure 
 thereon. In the latter case, the clerk shall also endorse 
 thereon the date when the governor- general has signified 
 either by speech or message to the two Houses, or by a 
 proclamation, that the bill had been laid before the queen 
 in council, and she had been pleased to assent to the same. 
 This endorsement is considered a part of the act ; and the 
 date of the assent or signification of the royal pleasure 
 shall be the date of the commencement of the act, if no 
 later commencement be therein provided.^ 
 
 XXIX. Distribution of the Statutes.— Certain acts passed 
 since 186Y provide for the printing and distribution of 
 the statutes of Canada by a queen's printer. These 
 statutes are printed in the two languages, in two separate 
 parts or volumes, the first of which contains the general 
 public acts of Canada, and such orders in council, pro- 
 clamations, treaties, and acts of the parliament of Great 
 Britain, as the governor in council may deem to be of 
 public interest in the dominion. The second volume 
 contains the local and private acts. These two volumes 
 are generally bound in one, and distributed to members 
 of the two Houses , administrative bodies, public depart- 
 ments and officials, in accordance with a list arranged in 
 
 ' 46 Vict., c. 1. See Rev. Stat, of Can. c. 1. Additional amendments 
 were made to this act in 1890, 53 Vict., c. 7- 
 
 2 Eev. Stat, of Can., c. 1, s. 5. For instance, the Liquor Licence Act of 
 1883, (46 Vict., c. 30, s. 147) was only to come into force on the 1st of Jan- 
 uary, 1884, and the licences thereunder on the 1st of May, in the same 
 year. 
 
662 PUBLIC BILLS. 
 
 council ; and the mode of distribution is annually re- 
 ported to parliament. Acts may be published in the 
 Canada Gazette previous to their publication in the printed 
 volumes. All the original acts of the parliament of 
 Canada, of the legislatures of Canada and of the late 
 provinces of Upper Canada and Lower Canada, as well 
 as all disallowed and reserved bills, remain in the cus- 
 tody of the clerk of the parliaments, who can furnish 
 certified copies to those persons who may require them.* 
 
 ^ See Rev. Stat, of Can., c- 2. Also with respect to office of queen's 
 printer, supra, 345. 
 
CHAPTER XIX. 
 
 PRIVATE BILLS. 
 
 I. Importance of private bill legislation. — II. Definition of private bills. — 
 III. Questions of legislative jurisdiction arising out of private legislation 
 in parliament. — IV. Reports of supreme court of Canada on private 
 bills. — V. Questions of jurisdiction referred to standing orders com- 
 mittee in Senate. — VI. Classification of private bills ; Hybrid bills, 
 etc. — VII. General public acts affecting corporate bodies. — VIII. All 
 acts deemed public, unless otherwise declared. 
 
 I. Importance of Private Bill legislation-— In a country like 
 Canada, with its immense extent of territory and varied 
 material resources, private bill legislation must necessarily 
 form a very important part of the work of the parlia- 
 ment and the legislatures of the dominion. One of the 
 advantages of the federal union has been the distribution 
 among several legislative bodies of an immense amount 
 of work that otherwise would have embarrassed a single 
 legislature. One of the difficulties which the imperial 
 parliament has had to encounter for a long while back is 
 the impossibility of dealing practically or satisfactorily 
 with the numerous matters of local or municipal or private 
 interest that are constantly pressing upon its attention. 
 Such a difficulty has been successfully surmounted by the 
 Canadian system of confederation, which, to speak in 
 general terms, gives to each province control over all 
 subjects of a purely local or provincial nature and to the 
 dominion jurisdiction over all matters of a general and 
 wider interest. From ISCT to 1890, inclusive, the domi- 
 nion parliament passed 2355 acts, of which 1250 were for 
 
664 PRIVATE BILLS. 
 
 private objects in the parliamentary sense of the term ; 
 that is to say, for the incorporation of railway, land, in- 
 surance and other companies and bodies, many of which 
 illustrate the development of the country from a material, 
 intellectual and social point of view. During the same 
 period, the legislatures of the provinces of Canada passed, 
 in the aggregate, about eleven thousand acts, of which 
 between six and seven thousand relate to local or private 
 objects. These figures show not only the legislative ac- 
 tivity of Canada, but the value of local or provincial 
 freedom of action in all matters that necessarily and pro- 
 perly fall within the constitutional functions of the 
 several legislatures. 
 
 n. Deflnitionof Private Bills.— Private bills are distinguished 
 from public bills inasmuch as they directly relate to the 
 affairs of private individuals or of corporate bodies, and 
 not to matters of public policy or to the community in 
 general. They must pass through the same stages as 
 public bills, but, at the same time, must originate by 
 petition ^ and be subject to certain special standing orders 
 in both houses of parliament. Certain judicial functions 
 have been entrusted to committees to which all petitions 
 and bills of a private nature are referred, under the rules, 
 with the view of carefully protecting all the interests in- 
 volved in the proposed legislation. The parties whose 
 private interests are to be promoted appear as suitors be- 
 fore a select committee, to whom the bill has been re- 
 ferred, whilst those who apprehend any injury, and are 
 opposed to the legislation sought for, are admitted as ad- 
 
 ' Both public and private bills had their rise in the ancient petitions to 
 the Crown for the redress of public or private grievances. All trace of 
 this origin has disappeared from public bills, except, perhaps, in the 
 case of the preamble to appropriation bills ; but promoters, and even 
 the opponents of private bills, as a rule, must proceed by petition, and 
 consequently this class of legislation retains evidences of an ancient form 
 which has here survived for well nigh six hundred years. See Clifford's 
 History of Private Bill Legislation, i. 270. 
 
LEGISLATIVE JURISDICTION. 665 
 
 verse parties in the suit. The analogy which the pro- 
 ceedings bear lo those of courts is sustained by the fact 
 that certain fees must be paid by the promoters of a 
 private bill before the House will permit its passage. All 
 persons whose interests are affected by the measure must 
 have due notice of its nature, so that they may have 
 every opportunity to present themselves before the House 
 and dispute, if necessary, its passage.' It will be the 
 object of the writer to explain as clearly as possible in the 
 following pages the rules and practice of the Houses 
 with respect to this important class of bills. 
 
 III. ftuestions of Legislative Jurisdiction.— Sections 91 and 92 of 
 the British North America Act enumerate the various 
 matters assigned to the jurisdiction of the parliament and 
 legislatures of the dominion. Among the matters within 
 the exclusive jurisdiction of the general legislature we 
 find the following, which embrace the various subjects 
 which properly fall within the category of private bill 
 legislation : 
 
 " 13. Feri-ies between a province, and anj' British or Foreign 
 country, or between two provinces. 
 
 15. Banking, incorporation of banks, and the issue of paper 
 money 
 
 16. Savings-Banks. 
 
 22. Patents of invention 'and discovery. 
 
 25. Naturalization and aliens. 
 
 26. Marriage and divorce. 
 
 29. Such classes of subjects as are expressly excepted in the 
 enumeration of the classes of subjects by this act assigned 
 exclusively to the legislatures of the provinces ; and any matter 
 coming within any of the classes of subjects enumerated in this 
 section (91) shall not be deemed to come within the class of 
 matters of a local or private nature comprised in the enumera- 
 
 ' Courts of equity also look upon the solicitation of a bill in parliament 
 in the light of an ordinary suit, and will in a proper case restrain the pro- 
 moters by injunction from proceeding with a bill. May, 756. 
 
666 PRIVATE SILLS. 
 
 tion of the classes of subjects by this act assigned exclusively to 
 the legislatures of the provinces." 
 
 By section 92 the provincial legislatures may exclusively 
 make laws in relation to the following subjects : 
 
 " 10. Local works and undertakings other than such as are of 
 the following classes : 
 
 (a) Lines of steam or other ships, railways, canals, telegraphs 
 and other works ana undertakings connecting the province with 
 any other or others of the provinces, or extending beyond the 
 limits of the province. 
 
 (&) Lines of steamships between the province and any British 
 or foreign country. 
 
 (c) Such works as, although wholly situate within the pro- 
 vince, are before or after their execution declared by the parlia- 
 ment of Canada to be for the general advantage of Canada, or for 
 the advantage of two or more of the provinces. 
 
 11. The incorporation of companies with provincial objects. 
 
 16. Generally all matters of a merely local or private nature 
 in the province." 
 
 Though the constitutional provisions just cited have 
 been framed with the avowed object of clearly defining 
 the respective limits of dominion and provincial legisla- 
 tion, yet twenty-four years' experience has proved incon- 
 testably that there is still some uncertainty as to the rules 
 and principles that ought to govern the question of juris- 
 diction. In every session of parliament, the issue has come 
 up for discussion, and from the difierence of opinion that 
 prevails in some cases it is easy to see that the question 
 of jurisdiction is of a perplexing character, even yet, after 
 years' experience of federal legislation, to those who have 
 assisted in framing the constitution itself. The writer, 
 however, proposes to confine himself simply to a review 
 of the legislation that has been at different times the sub- 
 ject of debate, and in this way show the tendency of 
 direction of the legislation of the dominion parliament. 
 
 During the first session of parliament doubts arose as 
 to the jurisdiction of the general legislature with respect 
 
LEGISLATIVE JURISDICTION. GBT 
 
 to certain bills for the incorporation of railway, insurance, 
 building and other companies. Eailways, canals, tele- 
 graphs, and other works or undertakings, connecting a 
 province with one or more of the provinces, or extending 
 beyond the limits of a province, are expressly reserved 
 for the jurisdiction of the general legislature. But in the 
 case of railway companies within a single province, like 
 the St. Lawrence and Ottawa railway, which runs from 
 Ottawa to Prescott on the St. Lawrence, or the Northern 
 railway, which runs from Toronto to the north of Ontario,^ 
 it has been found necessary to declare them to be " for 
 the general advantage of Canada," or "for the advantage 
 of two or more provinces," in conformity with sub-section 
 10 of section 92, cited above. Since 186Y, a large number 
 of charters have been granted to railways, expressly de- 
 clared to be for the general advantage, or benefit, or in- 
 terests of Canada. Some of these roads have been incor- 
 porated in the first instance by the provincial legislatures, 
 but they have found it expedient to come under the pro- 
 visions of the act. in order to obtain extended powers. 
 The policy of parliament has been for years in the direction 
 of practically controlling the entire railway system of the 
 dominion, and during the session of 1883 the government 
 brought in a bill,^ which became law, with the object of 
 giving efiect to that policy. It is expressly declared to be 
 " for the better and more uniform government of rail- 
 ways " that the Gi-rand Trunk, Great "Western, Intercolo- 
 nial, North Shore, Northern, Hamilton & North "Western, 
 Canada Southern, Credit Valley, Ontario & Quebec and 
 Canada Pacific railways, as well as all branch lines now 
 or hereafter connecting with or crossing these railways 
 or any one of them, " are works for the general advantage 
 
 1 31 Vict., cc 20 and 86. 
 
 ' 46 Vict., c. 24. " An act further to amend the Consolidated Railway- 
 Act of 1879, and to declare certain lines of railway to be works for the 
 general advantage of Canada." See Rev. Stat, of Can. c. 109, s. 121. 
 
668 PRIVATE BILLS. 
 
 of Canada within the meaning of the British. North Amer- 
 ica Act." The provisions of any act of the legislature of 
 any province, passed prior to May 25, 1883, and in force 
 at that date, remain in force so far as they are consistent 
 ■with any act of the parliament of Canada passed subse- 
 quently. 
 
 The question was raised during the passage of the bill, 
 whether the effect of so wide a provision was not practi- 
 cally to destroy the efficiency of provincial jurisdiction 
 and control in the important matter of provincial rail- 
 ways ; but it was urged on the other hand that there 
 were manifest public advantages in having all the rail- 
 ways of Canada, as far as possible, under one control, 
 especially in view of the fact that parliament had here- 
 tofore been powerless to deal with many matters requiring 
 legislation, in the general interest of the country.' It was 
 not denied, however, even by the most earnest advocates 
 of provincial rights that the dominion parliament has 
 full power to declare that a work is for the general benefit 
 of Canada, and when it has been so declared, it may be 
 assumed to be under dominion control. Of course, parlia- 
 ment should exercise that power bond fide, and not declare 
 arbitrarily what railways are works for the general advan- 
 tage of Canada.^ It is obviously difficult to draw the 
 line, for there can be very few railways which may not 
 be brought, for sufficient reasons, within the very wide 
 scops of the section of the British North America Act 
 giving parliament the right to deal with such subjects. 
 As a question of conveniency there can be no doubt that 
 the policy of the dominion parliament has decided advan- 
 tages ; and the only question is how far it can be carried 
 without infringing provincial legislation with respect to 
 local railways." 
 
 ' Can. Hans. (1883), 1293-1304. 
 
 "^ lb., 1294. 
 
 ' Mr Blake, in an elaborate argument before the supreme court of 
 
LEGISLATIVE JURISDICTION. 669 
 
 Since 1861, the Houses have frequently found a diffi- 
 culty in many cases in determining what class of bills 
 come within the meaning of the section assigning to the 
 local legislatures the jurisdiction over " the incorporation 
 of companies with provincial objects." 
 
 In the first session a bill to incorporate the Stratford 
 Board of Trade was presented and referred to the commit- 
 tee on banking and commerce, where the question of 
 jurisdiction was raised. The committee, after much dis- 
 cussion, came to the conclusion that though the board to 
 be created was a local body, yet the fact that trade and 
 commerce was under the control of the dominion parlia- 
 ment by section 91 of the British North America Act 
 would justify them in reporting it favourably to the House. 
 In examining the details of the bill, however, it was fo\ind 
 to contain provisions for the establishment of a court of 
 arbitration in commercial matters ; and " as the constitu- 
 tion, maintenance, and organization of provincial courts, 
 both of civil and criminal jurisdiction," are, by section 92 
 of the said act, assigned exclusively to the provincial 
 legislatures, the committee expunged from the bill so 
 much as related to that court, and it was then passed in 
 the amended form.' In subsequent sessions several boards 
 of trade were incorporated ; and in the session of 18*74 a 
 general act was passed for the incorporation of such bodies 
 throughout the dominion.^ 
 
 In the same session the committee on standing orders 
 reported with respect to the applications of the Gore Dis- 
 trict Mutual Fire Insurance Oompany,and of the Sorghum 
 Growers' Association of the County of Essex,that these corn- 
 Canada in 1888, on the Manitoba Railway Crossings Case, very explicitly 
 stated the large legislative authority of the parliament of Canada in this 
 regard. See Supra, 86, n. For the other side of the question, see Mr. 
 Mills's remarks, July 6th, 1891, on the Bay des Chaleurs Railway Com- 
 pany's Bill. 
 
 ' Can. Com. J. (1867-8), 357, 379. 
 
 2 37 Vict, c. 51 ; Bev. Stat, of Can. c. 130. 
 
6*70 PRIVATE BILLS. 
 
 panies came more properly within the jurisdiction of the 
 local legislatures of the dominion of Canada, ' The com- 
 mittee on standing orders also reported favoura:bly on the 
 petition for an " act to grant certain powers to the Civil 
 Service Building and Savings Society ; " but subsequent- 
 ly the committee to whom the bill was referred presented 
 a report to the House representing that " doubts had 
 arisen whether the objects sought to be obtained by the 
 promoters were not provincial in their character and such 
 as the local legislature is exclusively empowered to deal 
 with," and at the same time soliciting instructions from 
 the House as to the course to be pursued with reference 
 to the bill. The result was that no further progress was 
 made with the bill during that session.^ Doubts were 
 also expressed by the banking committee as to the juris- 
 diction of parliament in the case of the Canada Live 
 Stock Insurance Compauy Bill, which was not proceeded 
 with? 
 
 The whole question of the jurisdiction of the domi- 
 nion parliament over the subject of insurance came up 
 for discussion on a motion for the second reading of a 
 public bill respecting insuran(;e companies. It was 
 moved in amendment that the " regulation of insurance 
 companies is a subject properly within the jurisdiction of 
 the provincial legislatures ; " but the House decided by a 
 large majority against the amendment.* Since then, the 
 courts have given authoritative decisions to the effect that 
 while the dominion parliament and the provincial legis- 
 latures have an undoubted right to incorporate insurance 
 companies in the one case for the whole dominion, and 
 in the other for the limits of a province only, yet the 
 
 ^ Can. Com. J. (1S67-8), 52, 177. The standing orders committee was 
 clearly not justified in reporting on the question of jurisdiction; that is 
 a matter for the House or .the committee on the bill. 
 
 ■' Can. Com. J. (1867-8), 60. 
 
 »I6. 357. 
 
 * The division showed, yeas, 5 ; nays, 44 ; Can. Com. J. (1867-8), 426. 
 
LEGISLATIVE JURISDICTION. 6*71 
 
 form of the contract and the rights of the parties there- 
 under must be regulated by the province in which the 
 business is done.' 
 
 Since 186*7 the two houses of parliament have passed 
 a large number of bills for the incorporation of building 
 societies, insurance companies, joint-stock, loan, and in- 
 vestment companies. As all such corporations have been 
 desirous to do business in more than one of the provinces, 
 and to establish agencies throughout the dominion, they 
 have found it not only convenient, but absolutely neces- 
 sary in many cases, to obtain legislation from that parlia- 
 ment which can give them the widest powers. Parliament 
 has always been disposed to extend every possible facility 
 to companies that claim to carry on business for the ad- 
 vantage of Canada, though, on more than one occasion, it 
 has been questioned whether it has not trenched on pro- 
 vincial jurisdiction. We have already seen that parliament 
 has been very liberal in its construction of the law ena- 
 bling it to declare a railway a work for the general advan- 
 tage of Canada, but in the session of 1882 it went a step 
 further in making a similar declaration with respect to 
 two electric light companies ; the " Edison Electric Light 
 Co." and the " Thompson & Houston Electric Light Co." 
 A debate took place on the first named bill, and it was 
 urged that the corporation was practically local in its 
 character, since it was formed for the purpose of carrying 
 on business within a certain locality. As the company 
 asked for powers to take lands for the purposes of its 
 business, and must be subject to municipal regulations, 
 
 ' See supra, 95 et seq., where an abstract is given of the material points 
 in the decisions relating to the subject. In 1886, a bill relating to interest 
 on mortgages secured by real estate was withdrawn as vlira vires, the 
 minister of justice having drawn attention to the fact that among other 
 objectionable features one of the clauses contained a provision not relating 
 to interest properly speaking, but rather to contracts for the securing of 
 money — clearly a matter of provincial jurisdiction. Can. Hans. (1886), 
 440 ; Can. Com. J. 137. 
 
6*72 PRIVATE BILLS. 
 
 it should therefore receive its powers from local legisla- 
 tures. If the subject-matter was essentially local in its 
 character, the House could not alter that fact by a declar- 
 ation like that in the preamble. It was stated in reply 
 to these objections that when the bill was discussed in 
 the private bill committee it was considered that the 
 introduction of the electric light system was a work to 
 the general advantage of Canada ; that, inasmuch as the 
 company would have to carry on their operations in every 
 province, the best system was the granting of the neces- 
 sary power to one central establishment from which oper- 
 ations could be carried on between two or more of the 
 provinces. "When it was considered that the act gave the 
 company power to manufacture and carry on business 
 all over the dominion, the committee thought that this 
 was a case when it might be properly declared that the 
 work was for the benefit of Canada. The premier (Sir 
 John Macdonald) took issue with those who argued 
 against the right of the House to make the declaration in 
 question in the case of such companies. It would be 
 exceedingly unfortunate, in his opinion, if the promoters 
 of any great undertaking or invention which they desired 
 to introduce into the dominion were obliged to go to 
 every legislature, and in this way obtain separate corpo- 
 rations with different conditions and restrictions. The 
 object of the imperial parliament, in passing the law in 
 question, was to prevent the expense and obstruction to 
 material progress that would arise if the promoters of a 
 work for the general advantage of Canada had to apply 
 to the several provincial legislatures. They might obtain 
 certain powers in one and be refused the same in another 
 province ; they might get large or restricted powers ac- 
 cording to the policy of a particular legislature ; they 
 might be compelled to submit to conditions, varying and 
 inconsistent in their nature.^ 
 
 iCan. Hans. (1882), 430-6. Mr. Blake, however, dissented from the 
 
LEGISLATIVE JURISDICTION. 6*73 
 
 "Whilst parliament is disposed to give every legitimate 
 facility to companies whose objects are of a dominion 
 character, it has on several occasions refused legislation 
 which appeared to be provincial in its character, or 
 trenched upon matters clearly within provincial jurisdic- 
 tion. The House of Commons refused in 1879 to permit 
 the passage of a bill which contained some unusual pro- 
 visions. This was a bill to permit one Nehemiah K. 
 Clements, of Yarmouth, Nova Scotia, and such other per- 
 sons as might thereafter be associated with him, to be in- 
 corporated for the purpose of building dykes across the 
 Chebogue and Little Rivers. The premier and others 
 took strong objections to the bill on the ground that it was 
 a matter properly within the jurisdiction of the legislature 
 of Nova Scotia. It was simply a bill to enable a single 
 person to dyke two rivers in Nova Scotia, and was so com- 
 pletely of a provincial character that the last clause pro- 
 vided that the consent of the marsh owners in writing 
 should be deposited in the of&ce of the provincial secretary 
 of Nova Scotia. It would be a novelty in dominion legis- 
 lation, added the prime minister, if any single person 
 could apply for a charter as a corporation to be formed of 
 any parties whom he might subsequently induce to join . 
 him. All matters relating to the granting of lands re- 
 claimed from the waters clearly fell under the head of 
 property and civil rights which should be dealt with ex- 
 clusively by the local legislatures. On the other hand, 
 more than one speaker, including the minister of justice, 
 thought there was some ground for the application to the 
 general legislature since it had granted powers in other 
 cases for the construction of works on navigable waters ; 
 but the difficulty appeared to be the fact that the main 
 object of the proposed legislation was the obtaining of 
 
 view that the words in the British North America Act respecting an 
 " undertaking " for the general advantage of Canada could be applied 
 under any circumstances to a mere trading company, p. 434. 
 43 
 
674 PRIVATE BILLS. 
 
 the possession of a large tract of land, which would be 
 reclaimed, but which parliament had no authority to con- 
 vey.^ The proper course, no doubt, was, as suggested in 
 debate, to obtain an act of incorporation in the first in- 
 stance from the local legislature, and then apply to the 
 dominion parliament for any additional powers that it 
 could constitutionally grant.^ 
 
 In the session of 1882 a bill respecting pawnbrokers — 
 to prevent them practising extortion — was withdrawn by 
 the mover at the request of the minister of justice, as it 
 was doubtful if it was within the jurisdiction of the 
 dominion parliament.' In 1869, a bill providing for vac- 
 cination was not proceeded with for a similar reason.^ 
 
 In the session of 1883 the Senate amended a Commons 
 bill respecting the "Wesleyan Methodist Missionary Society 
 by inserting the words, " and every such conveyance shall 
 be subject to the laws relating to the conveyance of real 
 estate to religious rorporations which are in force at the 
 time of such conveyance in the province or territory in 
 which such real estate is situate." The pri-cate bill com- 
 mittee of the Commons to whom the amendment was 
 referred, on the return of the bill, reported a recommenda- 
 tion that the amendment be disagreed to for the reason 
 that " the parliament of Canada not having jurisdiction 
 in matters of civil right which belong to the legislatures 
 of the provinces, it ought not to prescribe the terms and 
 conditions on which the conveyances are to be made to 
 the society, but should leave all laws in each province to 
 operate as to such conveyances." The Senate did not 
 insist on its amendment.'' 
 
 In 1885, objection was taken to a bill to incorporate the 
 
 1 Can. Hans. (1879), 921-24; Yarmouth Dyking Co. bill. 
 
 ' See infra 681 for a precedent in point. 
 
 " Can. Hans. (1882), 266. 
 
 * Com. Deb. (1869), 64 ; also Sen. Deb. (1879), 47. 
 
 " Sen. J. (1883), 154, 241 ; Com. J. 317, 326, 351. 
 
LEGISLATIVE JURISDICTION. 675 
 
 Dominion Drainage Company on the ground that it was 
 in the nature of the bill just referred to, and provided for 
 the drainage of lands, a subject essentially of a provincial 
 character. The object of the company, however, was 
 shown to be to drain lands in the Northwest Territories 
 as well as in Manitoba and Ontario, and the preamble was 
 subsequently amended to make the bill applicable to the 
 whole dominion.^ 
 
 In the case of the Colonial Building and Investment 
 Company, incorporated by the parliament of Canada in 
 1814,^ the issue was taken in the courts of Quebec, 
 and subsequently before the privy council that, inasmuch 
 as the association had confined its operations to that pro- 
 vince, and its business had been of a local and private 
 nature, it followed that its objects were local and pro- 
 vincial, and its incorporation consequently belonged to 
 the provincial legislature exclusively. But in deciding 
 that the act was not ultra vires of the dominion parlia- 
 ment, the privy council stated that " the fact that the 
 association had thought fit to confine the exercise of its 
 powers to one province could not affect its status or 
 capacity as a corporation, if the act incorporating the 
 same was originally within the legislative power of the 
 dominion parliament." The company was incorporated 
 " with powers to carry on its business, consisting of 
 various kinds, throughout the Dominion." The parlia- 
 ment of Canada could " alone constitute a corporation 
 with those powers ; and the fact that the exercise of them 
 has not been co-extensive with the grant cannot operate 
 to repeal the act of incorporation, nor warrant the judg- 
 ment prayed for, viz. : that the company be declared to be 
 illegally constituted." ^ 
 
 1 Can. Haus. (1885), 1007, 1008 ; Can. Com. J. 282. See 48-95 Vict.,c. 95. 
 
 2 37 Vict., c. 103, 
 
 ' 7 L. N., 10-15. The appeal was from the judgment of the court of 
 queen's bench, Quebec, reversing a judgment of the superior court of the 
 
6*76 PRIVATE BILLS. 
 
 In 188*7, objection was taken to the incorporation of the 
 Imperial Trusts Company ^ on the ground that it enabled 
 a company to exercise the functions of trustees of estates 
 in the different provinces, when it might not have an 
 agency or head office therein and be brought under the 
 control of the courts of those provinces. The House, 
 however, appeared to coincide with the argument of the 
 minister of justice that, inasmuch as the company sought 
 to do business in all the provinces, it was alone within 
 the competency of the dominion parliament to pass it. 
 Parliament had incorporated previously two accident cor- 
 porations of precisely the same character, and for precisely 
 the same purposes. In the case of Dobie,^ it was prac- 
 tically decided that the question of " territoriality," — to 
 use a convenient expression in such cases, — that is, the 
 extent within which the company was to operate, is to be 
 one test of its constitutionality. More than that, the 
 company did not acquire any right under the bill to 
 assume the office of trustee of its own motion ; it could 
 only so act by the authority of one of the superior courts 
 in each province.' 
 
 In the session of 1889 objection was taken to a bill to 
 amend the act respecting Queen's College at Kingston, on 
 the ground that the institution, though incorporated by 
 royal charter originally, had its domicile exclusively in 
 Ontario, and was within the control of the legislature of 
 that province which had complete jurisdiction over the 
 subject of education. The bill, however, passed after a 
 division by a very large majority, who appeared mainly 
 influenced by the arguments that the corporation was 
 only asking for the removal of restraints, which were 
 
 province, dismissing the petition of the attorney-general, praying that the 
 act incorporating the company be declared ultra vires- See 5 lb. 116. 
 
 ' 50-51 Vict., c. 115. ^ See mpra, 99 et seq. 
 
 » Can. Hans. (1887), 637, 638. Also opinion of Mr. Mills as to interpreta- 
 tion to be placed on Dobie v. Temporalities Board ; lb. (1889), 602. 
 
LEGISLATIVE JURISDICTION. 67*7 
 
 imposed by an act of the parliament of Cauada in 1882, 
 when the question of jurisdiction was never raised ; that 
 it had property in the two provinces of Ontario and 
 Quebec, which it was necessary to administer under the 
 authority of a new statute ; that the legislation asked 
 for did not deal with the subject-matter of education, but 
 with a body established for the purpose of carrying on 
 operations in two provinces/ 
 
 The following list of acts of the parliament of Canada 
 illustrates the wide range of dominion legislation : 
 
 An act to incorporate the Commercial Travellers' Association 
 of Canada (37 Yic, chap. 96) ; " having for its objects the moral, 
 intellectual, and financial improvement and advancement and 
 welfare of its members.'' 
 
 An act to incorjjorate the St. Croix Printing and Publishing 
 Company (37 Vict., chap. 116); "a corporation for printing a 
 newspaper and other publications in the town of St. Stephen, 
 New Brunswick. 
 
 An act to incorporate Lamb's Waterproof Gum Manufacturing 
 Company (37 Vic, chap. Ii7); with 'its principal ofSce in 
 London, Ontario. 
 
 An act to amend the act incorporating the Ottawa Gas Com- 
 pany, to confirm a resolution of their shareholders, placiag pre- 
 ferential and ordinary stock on the same footing, and to confirm, 
 amend, and extend their corporate powers (39 Vic, chap. 71) ; a 
 corporation originally created by an act of the late province of 
 Canada. 
 
 Two acts with respect to the Mail Printing and Publishing 
 Company of Toronto (35 Vict., chap. Ill, and 39 Vict., 
 chap. 73). 
 
 An act to incorporate the " Dominion Grange of the Patrons 
 of Husbandry" of Canada (40 Vict., c. 83) ; "having for their 
 object the improvement of agriculture and horticulture, the sale 
 and disposal of their productions, and the procuring of their 
 supplies to the best advantage, the systematizing of their work, 
 the discountenancing of a system of credit, the encouragement of 
 
 1 Can. Hans. (1889), 602-606. See Dom. Stat., 52 Vict., c. 103. 
 
678 PRIVATE BILLS. 
 
 frugality, and the intellectual, social, and financial improvement, 
 and welfare of its membei's in the various provinces of the domi- 
 nion." 
 
 An act to amend the act to incorporate the Globe Printing 
 Company of Toronto (40 Vict., c. 84) ; "desirous of establishing 
 offices in various places outside of the province of Ontario." 
 
 An act to amend the act respecting the Canadian Engine and 
 Machinery Company (46 Vict., c. 85) ; authorizing them to 
 " exercise the powers conferred on them by their act of incorpora- 
 tion at any place or places in Canada." 
 
 An act to incorporate the Grange Trust (40 Vict., o. 86) ; an 
 association incorporated as a loan company by Ontario letters- 
 patent, but desirous of extending their business in the other pro- 
 vinces. 
 
 An act to incorporate the Dominion Phosphate and Mining 
 Company (46 Vict., c. 91) ; associated for mining and manufac- 
 turing purposes at various points within the dominion of 
 Canada. 
 
 The foregoing acts are cited here because they represent 
 a large class of acts which, it has been sometimes ques- 
 tioned, do not legitimately fall within dominion juris- 
 diction,^ but whenever a bill asks for powers as a trading 
 or manufacturing company, to do business throughout the 
 dominion, it has been considered to fall under the pro- 
 vision which places trade under the control of the general 
 legislature. In this class must be placed the Dominion 
 G-range Company, which obtained power to dispose 
 of its products, agricultural and horticultural, in the 
 several provinces. In the case of the Grange Trust Com- 
 pany, it required powers to deal with the question of 
 interest, and so far had cause to apply to the general 
 legislature. In other cases, like the printing and publishing 
 corporations, it is not so clear why it was necessary to 
 apply to parliament for legislation. In all such matters, 
 however, the general legislature has rarely hesitated to 
 
 ^ See reference to dominion phosphate act by private bill committee. 
 Jour. (1883), 135. Also Can. Hans. (1883), 701 (Grange Trust). 
 
LEGISLATIVE JURISDICTION. 6l9 
 
 give powers to companies which made a claim to do 
 business in more than one province/ 
 
 Corporations, established by acts of the provinces or of 
 foreign countries, frequently apply for, and obtain, addi- 
 tional powers by statutes of the dominion parliament. 
 Joint legislative action, in fact, is necessary in many cases. 
 A company may be obliged to receive certain rights and 
 privileges from a foreign government which Canada can- 
 not grant, and at the same time to resort to the dominion 
 legislature for powers which the former government 
 could not concede to it.^ In 1881 and 1882, parliament 
 granted acts of incorporation to " Winslow, Jones & Com- 
 pany," and to the Quebec Timber Company, both formed 
 under imperial acts, in order to enable them to carry on 
 their business within the dominion.^ 1882, parliament 
 also passed an act respecting the New York & Ontario 
 Furnace company, which is a corporation " duly incor- 
 porated under the general laws of the state of New Jersey, 
 and of the United States of America, to mine, ship and 
 manufacture iron in its various forms." It declared its 
 desire in its application to parliament, as set forth in the 
 preamble of the act, to carry on business throughout 
 Canada, and to have " its organization and corporate 
 powers recognized by the parliament of Canada and ex- 
 tended to the dominion."*' Some objection was taken to 
 the bill in the House of Commons on the ground that 
 parliament was asked to sanction exceptional legislation 
 by recognizing a foreign entity and giving it certain 
 powers. Dominion legislation, it was urged, ought to be 
 in the direction of creating the corporation to which par- 
 liament might legitimately give power. It was stated 
 
 1 Can. Hans. (1882), 435 (Sir John Macdonald). 
 
 2 lb. (1882), 429-30. 
 
 ^ 44 Vict, c. 63 ; 45 Vict., c. 119. S ee ivfra, 685 for a report of the 
 supreme court of Canada, as to the constitutionahty of the Quebec tim- 
 ber bill. 
 
 * 45 Vict., c. 113. 
 
680 PRIVATE BILLS. 
 
 in the discussion that the question of the expediency of 
 recognizing a foreign corporation in the way proposed 
 had come up in the private bill committee, when the 
 bill was before it, and it was found that the House had 
 in former sessions passed more than one bill of a similar 
 character, without insisting upon the companies being 
 organized, according to the laws of Canada, or upon their 
 stockholders being residents of the dominion/ No doubt, 
 in all such cases, the desire to encourage the introdxiction 
 of capital into the country prevails above other considera- 
 tions, and inclines the House to facilitate the passage of 
 acts like the one in question. 
 
 Several bills have been passed by parliament to permit 
 the construction and maintenance of bridges over various 
 navigable rivers of the dominion — navigation and ship- 
 ping being under the exclusive control of the general 
 legislature.^ Whenever companies, incorporated under 
 provincial acts, have required certain privileges upon na- 
 vigable streams, they have always sought and obtained 
 
 1 Can. Hans. (1882), 429-30. 
 
 '' B. N. A. Act, 8. 91, sub-s. 10 ; Doutre 141. See Dom. Stat. 38 Vict., 
 c. 97, bridge across river L'Assomption ; Can. Hans. (1875), 893-896. The 
 committee on this bill were of opinion that the parliament of Canada had 
 the power to deal with such matters, 895. Also 40 Vict., c. 65, EiviSre 
 du Loup bridge; this river is only navigable at certain seasons in the 
 neighborhood of the bridge ; Can. Hans. (1877), 1041-2. Also 37 Vict., c 
 113 (River L'Assomption Toll-bridge); 45 Vict, c 91 (Richelieu Bridge 
 Co.) Also 45 Vict., e. 37. "An act respecting bridges over navigable 
 waters, constructed under authority of provincial acts." Sen. Deb. (1882,) 
 373-77. See remarks of Sir J. A. Maedonald [Can. Hans. (1879), 923] in 
 which be claimed that the local legislature could deal with navigable 
 rivers. Parliament, however, had a right to legislate as to navigation 
 and shipping, and could pass general laws in relation to obstructions. In 
 the case of Wood v. Esson, the supreme court of Canada (reversing a judg- 
 ment of the supreme court of Nova Scotia), virtually decided that the 
 Crown could not, without legislative sanction, grant to any person the 
 right to place in Halifax harbour below low-water mark any obstruction 
 or impediment so as to prevent the free and full enjoyment of the right 
 of navigation. Can. Sup. Court R., vol. ix., pp. 239-256. 
 
LEGISLATIVE JURISDICTION. 681 
 
 them from the general legislature. For instance, the 
 Canadian Electric Light Company had received certain 
 rights as a corporation from the legislature of Quebec, but 
 in 1883 it was obliged to seek legislation from the domi- 
 nion parliament to define its powers as to the construction 
 of dams, wharves, and other works necessary for the suc- 
 cessful prosecution of its business. It was enacted in the 
 Quebec act of incorporation that the " company shall not 
 exercise any right or privilege which may be within the 
 exclusive jurisdiction of the federal power without having 
 first obtained the required authority from the government 
 or parliament of Canada according to circumstances." 
 Hence the application to the general legislature and the 
 passage of a dominion act by which the company can 
 construct works on navigable rivers with the approval of 
 the governor in council. 
 
 In the session of 1883, a very instructive discussion took 
 place on the question how far the general legislature 
 may go in legislating in the case of companies already 
 incorporated under provincial acts. Among the bills 
 before the House was one to grant certain powers to the 
 Acadia Powder Company, already incorporated by special 
 acts of the province of Nova Scotia. The bill asked for 
 power to extend the business of the company throughout 
 the dominion ; and, froin the debate on the measure, it is 
 evident that had its promoters been content with asking 
 parliament to grant this general power, there would have 
 been little objection to its passage, except from those who 
 had doubts as to the right of the dominion legislature to in- 
 terfere in any way with local legislation.^ But the bill 
 
 1 See speech by Mr. Amyot (Hans. 422-25) in which he gave his objec- 
 tions at length to any legislation by the dominion parliament which 
 ■would infringe, in his opinion, upon the exclusive jurisdiction of the 
 provincial legislatures. If a company required rights in other provinces, 
 it should apply to their respective legislatures. But, on the other hand, 
 see {supra, 672), the argument of the premier in the very opposite 
 direction. 
 
682 PRIVATE BILLS. 
 
 went still further, since it contained provisions with, res- 
 pect to the capital stock and directors, which were a clear 
 infringement of the powers of the provincial legislature 
 which created the company. The following summary of 
 the views of some of the principal speakers on the points 
 at issue will show that there was unanimity of opinion as 
 to the principles that should guide the House in similar 
 cases : 
 
 Ml-. Ouimet said that it was quite clear that corporations 
 created by the local legislatures might come to the general par- 
 liament to have their powers extended ; that is to say, to obtain 
 powers, which could not be granted by the legislature of a pro- 
 vince. For instance, the house had that session given power to 
 the Credit Foncier Pranco-Canadien * to impose certain charges of 
 intei-est, which were not within the power of the provincial legis- 
 lature. No doubt the parliament had power to create corporations 
 whose operations would be general or federal, but in cases like 
 the bill under consideration it should only grant such powers as 
 the legislature could not grant. Application should be made to 
 the latter body for such powers as it could give. 
 
 Mr. Blake. — There are two modes in which parliament can 
 deal with a manufacturing company which wants more than a 
 local legislature can give. We can either extend to the cor- 
 porate entity, created by the local legislature, certain powers 
 which we alone can give, oi" we can create a federal corporation 
 complete and entire, created by and amenable to ourselves, 
 totus, teres, atque rotundus. On general principles I strongly 
 prefer the second of these two modes, because it gives a multi- 
 plicity of conveniences. I would refer all those who are interested 
 whether as shareholders, creditors, or otherwise, in the constitu- 
 tional powers of the company to the one statute or the amend- 
 ments of the statute. The other mode exposes you to compli- 
 cations ; but if we adopt the least convenient course, we ought to 
 know the extent of the corporate entity, the sum of power which 
 it cannot obtain from the local legislature, and which will enable 
 it to enlarge, if required, the sphere of its operations. We should 
 not interfere with such details as can be arranged by the local 
 
 ^ 46 Vict., c. 85. 
 
LEGISLATIVE JURISDICTION. 683 
 
 legislature. "Were some of the domestic arrangements to be 
 altered by the jSTova Scotia legislature and others by parliament, 
 great confusion would necessarily arise. 
 
 Mr. McCarthy — For my part I entertain not the slightest 
 doubt that we can give increased powers to a corporation, 
 although it may owe its existence to one of the local legislatures, 
 just as we give powers to English and American companies. But 
 we should stop there ; we should not interfere with such details 
 of the organization, as are wholly within the jurisdiction of that 
 sovereignty which has created the corporation. The legislature 
 which had in the first instance made provisions with respect to 
 the capital stock, had it nowjin its power to increase the same on 
 such terms and conditions as it might deem expedient ; and it 
 was clearly from that body alone such power should be sought. 
 
 Sir John Macdonald— A complication ai-ises when a local cor- 
 poration having certain limited powers conferred on it by a pro- 
 vincial legislature seeks extended rights. Whilst we may extend 
 these powers we cannot alter the constitution as arranged bj^ the 
 provincial legislature. Nay, I go further, and say that, if a cor- 
 poration, chartered under certain conditions and provisions by a 
 local legislature, comes to the dominion parliament and asks for 
 increased powers which the legislature considers contrary to the 
 policy under which they created the corporation originally, 
 then I think it is quite within the jurisdiction of the provincial 
 body to take steps to destroy it. If it wishes to have a dominion 
 existence it should come here and obtain a new charter. 
 
 Mr. Weldon, who agreed with these views, pointed out how a 
 conflict of authority might arise from the fact that the bill, as 
 amended by the Commons committee, provided for an increase 
 of capital stock by a two-thirds vote of the shareholders in 
 accordance with the pi'inciple laid down by parliament in such 
 cases, whilst the act of the provincial legislature left that matter 
 to be decided by only a majority of votes. 
 
 In view of these opinions, so emphatically expressed by 
 eminent constitutional authorities, the bill was amended 
 in committee by striking out the clauses with respect to 
 capital and directors, and giving the company simply 
 power to do business throughout the dominion.^ 
 
 1 46 Vict, c. 94 ; Can. Hans. (1883), 262, 422, 499, 500. 
 
684 PRIVATE BILLS. 
 
 In the later case of the International Coal Company, 
 incorporated under the Joint Stock Companies Act, which 
 had acquired the property of a coal and railway company 
 created by the statutes of Nova Scotia, it was decided to 
 amend the bill so as to leave in the control of the pro- 
 vincial legislature such powers as were clearly within its 
 jurisdiction.^ 
 
 IV. Supreme Court Reports on Private Bills-— By section 53 of 
 the Supreme and Exchequer Court Act ^ it is provided that 
 the supreme court or any two of its judges shall examine 
 and report upon any private bill or petition for a private 
 bill, referred to the court under any of the rules of either 
 house of parliament. The Senate at first adopted a stand- 
 ing order which provided for the reference to the court 
 before the second reading of a bill, but now such bill 
 may be referred at any time before final passage.' The 
 opinion of the judges is placed on the journals as soon as 
 it has been laid before the Senate by the speaker." 
 
 In the session of 1876, a question arose in the Senate 
 whether a bill for the incorporation of the Brothers of 
 the Christian Schools in Canada was not a measure which 
 fell within the class of subjects exclusively allotted to 
 provincial legislatures under section 92, sub-s. 11 of the 
 B. N. A. Act, ISeT, relating to the incorporation of com- 
 panies with provincial objects, and section 93 relating to 
 education. Four of the judges reported their opinion 
 that it was a measure included in the class of measures 
 falling under provincial jurisdiction. Chief Justice 
 Eichards did not differ from the other judges in the con- 
 clusion arrived at, but declined to make a report on the 
 ground that he doubted if section 53 of the Supreme Court 
 
 ■ 48-49 Vict, c 29, s. 3 ; author's notes. 
 ' 38 Vict, c. 11, Dom. Stat. Rev. Stat, of Can. c. 135, s. 38. 
 ' R. 55 amended in 1878, March 28, p. 337, Sen. Deb. Also lb. (1877), 
 260; J6. (1878), 137,293. 
 * Sen. J. (1876), 155, 206. 
 
REFERENCE TO SUPREME COURT. 685 
 
 Act intended that the judges should, on the reference of a 
 private bill to them, express an opinion on the consti- 
 tutional right of the Canadian parliament to pass the 
 hiW 
 
 In 1882, on the recommendation of the committee on 
 private bills, the Senate referred to the supreme court a 
 bill to incorporate the Quebec Timber Company in order 
 to solve doubts that had arisen as to the constitutional 
 right of parliament to legislate in the matter. The points 
 on -which the House desired information were these : — 
 
 1st. "Whether a company already incorporated under the 
 " Companies Act of 1862 to 1880," of the imperial parliament 
 for the purposes mentioned in the bill, has a legal corporate 
 existence in Canada, and, if so, whether a second corporate exis- 
 tence can, upon its own application as a company, be given to it 
 by the Canadian parliament, and 
 
 2nd. Whether the objects for which incorporation is sought are 
 such as to take the bill out of the exclusive jurisdiction of the 
 legislature of Quebec. 
 
 The judges, in their report on the bill, excused them- 
 seh'es from answering the first part of the first query on 
 the ground that it afiected private rights which might 
 come before the court judicially. As to the second part 
 of the query, the court was of opinion that the dominion 
 parliament can incorporate such a company for objects 
 coming within the jurisdiction of the parliament of Can- 
 ada. As to the second query, the court was of opinion 
 that the objects set forth in the bill are within the juris- 
 diction of the dominion parliament, and out of the ex- 
 clusive jurisdiction of the legislature of the province of 
 Quebec.^ 
 
 In the same session, on the motion for the third read- 
 ing, a bill to incorporate the Canada Provident Associa- 
 
 iSen. J. (1876), 207. 
 
 2 Sen. J. (1882), 143, 158-9. The bill was, with the report, then referred 
 to the committee on private bills, and subsequently passed by the Senate. 
 
PRIVATE BILLS. 
 
 tion was referred to the supreme court. This association 
 was formed "for the purpose of making prorision incase 
 of sickness, unavoidable misfortune, or death, and for sub- 
 stantially assisting the widows and orphans of deceased 
 members." The judges reported that it did fall within 
 the jurisdiction of the dominion parliament, although 
 they had doubts as to the first section, which enabled the 
 company to hold and deal in real estate, and also as to the 
 second section, which exempted from execution for the 
 debts of any member the funds of the association — mat- 
 ters which should be argued before any positive opinion 
 should be expressed by the court.^ 
 
 V. Questions of jurisdiction referred to Senate eommittees.— 
 In 1879 the Senate decided to make the experiment of 
 giving authority to the committee on standing orders and 
 private bills to consider the question of jurisdiction in 
 the case of bills submitted to them. Rule 60 was re- 
 scinded and the following substituted : 
 
 '• Any private bill shall, I'f it be demanded by two members, when 
 read the first time, be referred to the committee on standing 
 orders and private bills, to ascertain and report whether or not 
 the said bill comes within the class of subjects assigned exclu- 
 sively to the legislatures of the provinces.^ 
 
 VI. Classification of Private Bills.— Sometimes doubts may 
 arise whether a bill should be classed as public or private. 
 Many cases of this nature occurred in the practice of the 
 old Canadian legislature, but the Houses generally allowed 
 themselves to be guided by the decision of the committee 
 to whom a bill might be referred. A committee has, 
 under such circumstances, made some amendments to a 
 bill in order to obviate a diificulty, and bring it under 
 
 1 45 Vict., c 107; Sen J. (1882), 273, 301-2; Hans. 460-2,698. 
 
 ^ Sen. J. (1879), 155, 170, 190, 206; Deb. 309, 340, 415; Jour. (1880), 79, 
 83, 85, 91, &c. The words in italics were added as an amendment in 
 1880. Jour. 92. 
 
CLASSIFICATION. fi8*7 
 
 the category of a public or private bill/ In the session of 
 1865 a bill was brought up from the legislative council 
 intituled, " an act to enable the church societies and in- 
 corporated synods of the Church of England dioceses in 
 Canada to sell the rectorial lands in the said dioceses ; " 
 and the objection was taken that it was private in its 
 character and ought to have been introduced on petition. 
 The speaker decided against the bill, on which no further 
 progress was consequently made.^ All bills respecting 
 synods and religious corporations are considered private 
 since 1867.^ 
 
 In the session of 18*79 a member asked leave to intro- 
 duce, as a public measure, a bill " to empower R. G-. Dalton, 
 clerk of the court of queen's bench, Ontario, to pay to 
 John Stewart, of the city of Kingston, surgeon, one 
 thousand dollars," — the money having been paid into 
 court in accordance with the law requiring a certain 
 deposit in the case of an election petition. The speaker 
 at once decided that the bill was private in its character, 
 and accordingly the motion for leave was withdrawn.* 
 Subsequently a petition for a private bill was presented.'' 
 
 Bills from the corporations of towns, and municipal 
 bodies generally, are always treated as private bills when 
 they desire special legislation affecting their property or 
 interests." Though this class of measures now falls, as 
 a rule, within the jurisdiction of the local legislatures, 
 
 1 Todd's Private Bill Practice, 8-10; bill in reference to townships in 
 Victoria county, Ass. Jour. (1858), 568, 684 ; Huron Indians, Ass. Jour. 
 (1864), 391, 478. 
 
 2 Speak, D. 134 ; As.s. Jour. (1865, Aug. sess.), 123. 
 
 ' Saskatchewan Synod bill. Com. J. (1882), 64, &c. ; 45 Vict, c. 126 ; 
 also 34 Vict., c. 58; Com. J. (1871), 71, &c. 
 
 * Can. Hans. 1879, March 5. By reference to the journals of 1878 (27, 
 36, 74), it will be seen that a private bill on the same subject had been 
 presented that session, but not proceeded with. 
 
 5 Can. Com. J. (1879), 56, 57. 
 
 ^ A_bill to incorporate the city of Kingston was declared in 1847 to be a 
 private bill, and subject to the payment of a fee ; Jour. 150. 
 
688 PRIVATE BILLS. 
 
 yet several cases will be found in the Commons journals 
 of applications from corporations of cities and towns 
 for bills touching their interests ; but on reference to the 
 details of the measures it will be seen that they affect 
 certain matters which properly come within the purview 
 of the dominion parliament. For instance, in the session 
 of 1870, bills were passed to enable the town council of 
 Belleville to levy harbour dues, and to give authority to 
 the Collingwood Township Council to construct a harbour 
 at the mouth of the Beaver river. Numerous bills of a 
 similar character have been passed in other years ; and as 
 they have affected trade, navigation and shipping, matters 
 within the jurisdiction of the dominion parliament, they 
 have been properly presented in the general legislature.^ 
 
 In the English House, bills relating to the metropolis 
 have been treated as public bills on many occasions on 
 account of the general and large interests involved, al- 
 though possessing many features characteristic of private 
 bills. These measures have related to the vend and de- 
 livery of coals, ballast heavers, weighing of grain, main 
 drainage, water-supply, besides many others which, had 
 they been presented by other cities, would certainly have 
 been regarded as private bills.^ 
 
 As a rule, it may be stated that when bills treat of mat- 
 ters of general policy, such as sanitary, or police, or com- 
 mercial, or fiscal regulations, they may be considered as 
 public measures. In fact, all bills affecting the general 
 interests of the community, and involving considerations 
 of public policy, are out of the category of private bills 
 
 ' 33 Vict., c. 45 and c. 46; Can. Com. J. (1870), 60, 81. Also harbour 
 dues in Owen Sound (34 Vict., c. 35); harbour dues in Trenton (34 Viet., 
 c. 36) ; Kincardine bill (40 Vict., c. 52) ; Moira river bill (42 Vict., c. 51) ; 
 Grafton harbour continuance bill (46 Vict., c, 93). 
 
 ^ 129 E. Com. J. 122 ; 131 lb. 836; 132 lb. 348, &c. Bills affecting the 
 propertj', interests or jurisdiction of the city of London, have been gener- 
 ally solicited as private bills. May, 747. 
 
CLASSIFICATION. 689 
 
 dealing with the special interests of corporations or asso- 
 ciations. 
 
 In the session of 1880-81, the government of Canada 
 having decided to complete the Pacific railway by means 
 of a company, brought in a public bill to incorporate 
 certain persons under the name of the Canadian Pacific 
 Eailway Company.^ In the same session a minister pre- 
 sented a public bill intituled " an act to provide for the 
 incorporation of a company to establish a marine tele- 
 graph between the Pacific coast of Canada and Asia," 
 This bill applied the provisions of the Joint Stock Com- 
 panies Act, and of the Marine Electric Telegraphs Act to 
 the company in question.^ 
 
 In 1885, the government took charge of two bills — one 
 " respecting the Commercial Bank of "Windsor," and the 
 other " respecting the Bank of British Columbia," — 
 applying the provisions of the general Banking Act to 
 these banks. In both cases these bills were referred to 
 the select standing committee on Banking and Commerce 
 before consideration in committee of the whole.^ 
 
 Whenever public bills involve private interests which 
 should be carefully guarded, they are subjected to the 
 same examination provided for private bills. 
 
 A bill introduced in 1864 in the English Commons on 
 the subject of the weighing of grain in the port of London 
 was considered a public bill, as it concerned the home 
 
 1 44 Vict., c. 1. 
 
 ■' 44 Vict, c. 33 ; Hans. (1880-81), 1173-77. The bill was based on reso- 
 lutions from the committee of the whole — an altogether superfluous pro- 
 ceeding. 
 
 ^ Can. Com. J. (1885), 271, 365 ; Can. Hans., 1677. 48-49 Vict., c.c. 83, 
 84. But in 1877 a bill of a somewhat similar character, respecting the 
 Bank of British North America, was presented as, and passed through all 
 the stages of, a private bill ; Can. Com. J. 41, 49, 50, 67, &c., 40 Vict., c. 54. 
 In 1891, June 22nd, the minister of finance withdrew a bill in his name 
 respecting the Albion Mines Savings Bank, as it was clearly a private 
 bill, and did not come within the precedents cited in the text, which 
 simply applied a public act to certain banks. 
 44 
 
690 PRIVATE BILLS. 
 
 and foreign trade, and also the public revenue ; but the 
 speaker called attention to the fact that there were alle- 
 gations in the preamble which were open to dispute and 
 required to be established by evidence, and under such 
 circumstances he deemed it advisable to commit the bill 
 to a select committee, by whom these facts would be in- 
 quired into, and any local or private rights would be duly 
 protected/ 
 
 A similar case occurred in the Canadian House in the 
 session of 1883, when a member introduced, on motion, a 
 bill, " to increase the harbour accommodation of the city of 
 Toronto, to extend the esplanade, and to provide for the 
 control of the use thereof by railway companies." This 
 measure proposed that a board of commissioners should 
 be established for the purpose of carrying out the objects, 
 which were sufficiently set forth in the title. After the 
 second reading it was referred to the railway committee 
 with the understanding that due notice would be given 
 to the private companies and great corporations which 
 would be affected by the proposed legislation. The com- 
 mittee did not, however, deal with so important a measure 
 that session, but reported to the House that the preamble 
 was not proven.^ 
 
 In the English House of Commons, there is a class of 
 quasi private bills, distinguished as " hybrid bills." They 
 are brought in, by order, as public bills, but as they 
 affect private rights " their further progress is subject to 
 the proof of compliance with the standing orders before 
 the examiner, and to the payment of fees." They are 
 generally " bills for carrying out national works, or 
 relating to crown property, or other public works in 
 which the government is concerned," or they sometimes 
 deal with matters affecting the metropolis.' They are 
 
 ' Mr. Speaker Denison, June 23, 1864 ; 1713 E. Hans. (3), 163, 171. 
 
 ^ Can. Com. J. (1883), 203, 224 ; Hans. 709. 
 
 ' May, 787. Windsor Castle approaches bill, 1848 ; Portland harbour 
 
HYBRIDS. 691 
 
 committed to a select committee, when the committee on 
 standing orders has reported favourably. The rules of 
 the Canadian Houses do not make any special provision 
 for this class of bills. The Toronto Esplanade bill, just 
 mentioned, would probably belong to this class, since the 
 House found it necessary to refer it to a select committee 
 with a view to protect the private interests involved.' In 
 other cases, where bills have affected both public and 
 private interests, a different course has been followed. In 
 the session of 18*75, the premier (Mr. Mackenzie) moved 
 for leave to introduce a public bill to re-arrange the 
 "capital of the Northern Railway of Canada, to enable 
 the said company to change the gauge of its railway, and 
 to provide for the release of the government lien on the 
 road on certain conditions." Objection having been 
 taken that some of the provisions affected private in- 
 terests and altered the powers of the Company in very 
 material points, the speaker decided that the bill ought to 
 be withdrawn. Separate bills were subsequently passed 
 by the House — one, relating to the government lien, was 
 treated as a public bill, and the other, relating to the 
 gauge and capital, as a private bill.^ 
 
 In IS'TO, a bill of a very novel character was presented 
 in the House of Commons. The solicitor-general of the 
 province of Quebec came before the House as a petitioner 
 for a private act to confer upon the government of that 
 
 and breakwater bill, 1850 ; Smithfleld market removal bill, 1851 ; Belfast 
 municipal boundaries bill, 1853; Thames embankment bills, 1862 and 
 1863; Metropolis gas bills, 1867 and 1868; Dover pier and harbour bill, 
 1875 ; Public Offices site bill, 1882 ; Hyde Park Corner bill, 1887. See 
 Rules and Orders (Palgrave) No. 226. 
 
 ' Though the committee reported the preamble not proven, the bill 
 appeared in its proper place on the public orders. A strictly private bill 
 would not have even appeared on the private business paper under the 
 rules governing such bills. In the English Commons hybrid bills 
 always appear on the public orders. 
 
 2 Can. Com. J. (1875), 213, 217 ; Hans. 632. 
 
692 PRIVATE BILLS. 
 
 province " the powers granted to the Montreal, Ottawa 
 and "Western Railway Company, by several acts of the 
 parliament of Canada, in so far as related to the construc- 
 tion of a bridge over the Ottawa Eiver, and likewise 
 power to acquire all land and real estate situate in Ontario, 
 necessary for the purposes of the said railway." The 
 executive government of Quebec, for the time being, was 
 to be constituted a railway corporation and body politic 
 and corporate, for the purposes of the act, by the title of 
 the government of the province of Quebec. The bill was 
 not discussed in the House, but sent at once to the railway 
 committee, where the inconveniencies that might arise 
 from constituting the Quebec government a corporation 
 under a dominion charter became obvious to the majority 
 of the committee ; and it was agreed to alter the bill very 
 materially. The bill, as finally amended and passed 
 authorized " the commissioner of agriculture and public 
 works of the province of Quebec for the time being to 
 construct a bridge over the waters of the Ottawa River, 
 between the cities of Hull and Ottawa, and also a line of 
 railway to connect the Quebec, Montreal, Ottawa, and Oc- 
 cidental Railway with any railway coming to the said 
 city of Ottawa." It was also provided that the powers 
 conferred upon the commissioner in question shall be 
 vested in and may be exercised by any commissioner 
 or public officer who may hereafter be substituted by 
 the legislature of Quebec in place of the said commis- 
 sioner.^ 
 
 In 1880, the minister of justice introduced a bill to 
 remove a difficulty that had arisen as to the . title of 
 the Quebec, Montreal, Ottawa, and Occidental railway, 
 which had been already the subject of dominion legis- 
 lation The government of Quebec, by whom that road 
 
 1 Can. Com. J. (1879), 65, 89, &c. ; 42 Vict., c 56. See Montreal Gazette, 
 March 29, for summary of discussion on various points raised. 
 
MISCELLANEOUS. 693 
 
 had been acquired, believed it to be necessary to obtain 
 additional legislation from the dominion parliament with 
 respect to that portion of the railway extending from 
 Montreal to Quebec, just as it had been previously ob- 
 tained in the case of the part between Montreal and 
 Aylmer. Objection was taken, on the second reading, 
 that the bill affected private interests, and the case of the 
 Northern Railway bill was adduced as a precedent. The 
 bill was then withdrawn.' 
 
 It is not unusual to repeal or amend a public act 
 by a private bill.^ The policy of this mode of legislation 
 has been sometimes questioned, and while the practice 
 is allowable, such bills cannot be too closely scrutinized. 
 
 Many cases can be found in Canadian, as in English 
 legislation, of companies or corporations being excepted 
 in express terms from the provisions of certain public 
 statutes. A new rule was adopted in the Canadian Com- 
 mons in 1883, with the view of indicating in every bill 
 any departure in its details from general acts.^ 
 
 But a bill proposing to amend a public act in the 
 interests of certain persons will not be allowed to proceed 
 as a public bill. In the session of 1883 it was proposed to 
 pass, as a public measure, a bill to enable the minister of 
 the interior, notwithstanding the provisions of the act 48 
 Vict., chap. "7, to receive the applications of certain per- 
 sons in Manitoba for the issue of letters-patent to them of 
 various lots of land in that province ; but it was with- 
 drawn on the objection being taken that it was a private 
 bill.* 
 
 It has been decided in the English House of Commons 
 that a bill, commenced as a private bill, cannot be taken 
 up and proceeded with as a public measure. In 1865, 
 
 ^ Can. Hans. (1880), 1998. 
 2 176 E Hans. (3), 16-19. 
 => Res. of 20tli April, 1883. 
 * Can. Hans. (1883), 1034. 
 
694 PRIVATE BILLS. 
 
 the promoters of the Middlesex Industrial Schools Bill, 
 dissatisfied with some amendments relative to Roman 
 Catholic Chaplains, made in committee, determined to 
 abandon it ; but subsequently Mr. Pope Hennessy gave 
 notice that he proposed to proceed with it as a public 
 bill ; but this course was decided to be irregular.^ Nor 
 can a strictly private bill be turned into a hybrid.^ 
 
 If it be found that a private bill affects the public revenue, 
 it will be necessary to obtain the consent of the govern- 
 ment to the clauses in question and have them first 
 considered in committee of the whole, and then referred 
 to the committee on the bill.' A private bill has not been 
 allowed to proceed on the ground that it affected the 
 public revenue,^ but in the majority of cases where the 
 property or interests of the Crown are concerned, the con- 
 sent of the sovereign will be obtained at some stage before 
 the final passage. If this consent be not obtained, all pro- 
 ceedings will be stayed.^ 
 
 In the session of 1885, on the second reading of a bill 
 to incorporate a railway company, attention was called to 
 the fact that it contained a positive parliamentary decla- 
 
 ^ May, 753. It has been decided in the Enghsh Commons that it is for 
 the House, and not for the speaker, to decide whether the subject-matter 
 of a bill is properly private or public. 177 E. Hans. (3) 642-653,(Liverpool 
 Licensing Bill). 
 
 ^ 180 E. Hans. (3), 45. 
 
 ^ Canada vine growers' association bill, 1866 and 1867-8- In the case of 
 a petition affecting stamp duties or other branc^ies of the revenue, says 
 Sir Erskine May, (pp. 789, 790) " the petition is presented, and the queen's 
 recommendation having been signified, the House resolves to go into 
 committee on a future day to consider the matter. It is considered in 
 committee on that day ; and when the resolution is reported and agreed to 
 an instruction is given to the committee on the bill to make provision 
 accordingly. If any such provision be included in the original bill, it 
 must be printed in italics; and before the sitting of the committee, 
 similar proceedings will be taken in the House." 
 
 * Bill to extend the time for paying debt of the county of Perth. Leg. 
 Ass. J. (1866), 298-9. 
 
 ^ Supra, 541. 
 
GENERAL ACTS RELATIVE TO COMPANIES. 695 
 
 ration alienating a large portion of the public domain in 
 the Northwest for each mile of railway constructed. At 
 the suggestion of the speaker, the bill was withdrawn 
 and another subsequently presented without the clause 
 properly objected to.^ 
 
 VII. General Public Acts affecting Corporate Bodies.— In order 
 to give greater facilities to the incorporation of companies 
 for various purposes, and to obviate the necessity of so 
 many applications for special legislation, parliament has 
 passed general statutes which provide all the necessary 
 machinery by which a number of persons can form 
 themselves into a body corporate. Under an act respect- 
 ing the incorporation of joint stock companies, the gov- 
 ernor in council may, by letters-patent under the great 
 seal, grant a charter to any number of persons, not less 
 than jfive, who may be constituted a corporation for any 
 purpose to which the legislative authority of the Canadian 
 Parliament extends, except the construction and working 
 of railways, or the business of banking and the issue of 
 paper money, or insurance.^ In addition to the act pre- 
 viously mentioned, providing for the incorporation of 
 boards of trade ' throughout the dominion, a general statute 
 authorizes the governor in council to grant a charter, un- 
 der the great seal, to any company of persons who may 
 be formed under any special act of the imperial parlia- 
 ment, or under the imperial joint stock companies act, or 
 any other general act of G-reat Britain, or by royal charter, 
 for the purpose of establishing and maintaining tele- 
 graphic communication in the waters within the jurisdic- 
 tion of Canada.* A number of general statutes have also 
 
 ^ Can. Hans. (1885), 428. In the case of land subsidies to railways 
 they are brought down by the government with the recommendation of 
 the governor-general, and incorporated in a special bill. See 48-49 Vict., 
 c. 60, of the same session. 
 
 2 40 Vict., c. 43, Eev. Stat, of Can. c. 119 ; 50-51 Vict., c. 20. 
 
 5 Supra, 669 ; Kev. Stat, of Can. o. 130. 
 
 ♦ 88 Vict., c. 26 ; Eev. Stat, of Can. c. 133. 
 
696 PRIVATE BILLS. 
 
 been passed by parliament for the purpose of regulating 
 the business of banking, insurance, railways, and trading 
 and business companies generally, and with the view of 
 protecting the various interests that the public have in 
 all such associations and undertakings. The provisions 
 of the general railway acts apply to every railway already 
 constructed, or to be constructed, under the authority 
 of any act of the parliament of Canada, and must be 
 incorporated with the^special acts respecting these works, 
 unless they are expressly varied or excepted by the terms 
 of such acts.^ In the same way the provisions of the 
 Companies Clauses Act apply to every Joint Stock Com- 
 pany, except companies for the construction of railways, 
 banking, issue of paper money, and insurance, unless it 
 is otherwise expressly provided in its special act of incor- 
 poration.^ Very stringent provisions have also been made 
 for the careful working of monetary institutions, and for 
 the security of the people of Canada who have assured 
 their lives or property in insurance companies. G-eneral 
 stattites have also been passed for the winding up of in- 
 solvent banks and trading companies.* 
 
 But notwithstanding the facilities afforded by the 
 dominion parliament as well as by the local legislatures 
 for the incorporation of certain classes of companies by 
 
 ' Rev. Stat, of Can., c. 109; am. by 50-51 Vict., c. 19; 51 Vict, c. 29; 
 53 Vict., c. 28. 
 
 ' Eev. Stat, of Can., c. 118. 
 
 ' For legislation of the parliament of Canada on these subjects, in 
 addition to acts already cited in the text, see Banks and Banking, 53 
 Vict., c. 31. Trading Corporations, winding up of, Rev. Stat, of Can., c. 129 ; 
 am. by 52 Vict., c. 32. Carriers by water. Rev. Stat, of Can., c. 82. Copy- 
 rights, J6. c. 62, am. by 53 Vict., c. 12. Electric Telegraph Companies, 
 Rev- Stat, of Can., c. 132. Insurance, J6. c. 124, am. by 51 Vict, c. 28. 
 Interest, Rev. Stat of Can., c. 127, am. by 52 Vict, c. 31. Loans in Canada 
 by British Companies, Rev. Stat of Can., c. 125. Patents, lb., c. 61 , am. by 
 53 Vict., c. 13. Pawnbrokers, Rev. Stat of Can., c. 128. Savings Banks 
 in Ontario and Quebec, 53 Vict, c. 32. Trade Marks and Designs, Rev. 
 Stat of Can., 0. 63, am. by 53 Vict, c. 14. Trade Unions, Rev. Stat of 
 Can. c 131. 
 
ALL ACTS DEEMED PUBLIC. 697 
 
 the governor or lieutenant-governor in council, the work 
 of these various legislative bodies does not appear to 
 diminish. On the contrary, as has been shown in the 
 first part of this chapter, the number of special acts passed 
 by the legislatures of the dominion for the incorporation 
 of companies for various objects has never been so great 
 as within the past twenty years. The necessity of obtain- 
 ing powers not included in the general acts, continually 
 forces companies to seek special legislation. Indeed, on a 
 careful review of the statute book, it will be seen that, in 
 not a few cases, companies have found it necessary to ob- 
 tain special exemption from provisions of the general acts. 
 
 Vin. All Acts deemed public unless otherwise declared.— Every 
 local and private act passed in Canada previous to, and 
 for some years after 1840, contained a clause declaring 
 that it " shall be deemed a public act and shall be judicially 
 taken notice of as such by all judges, justices of the peace 
 and other persons whomsoever without being specially 
 pleaded." From 1850 to 1868, the clause was shortened, 
 and it was simply enacted that " it shall be deemed a 
 public act." ' In the first session of the dominion parlia- 
 ment it was enacted that " every act shall, unless by 
 express provision it is declared a private act, be deemed a 
 public act, and shall be judicially noticed," and conse- 
 quently the public clause has been ever since omitted 
 from private acts. It is also provided in the same statute ^ 
 that " all copies of acts, public or private, printed by the 
 queen's printer, shall be evidence of such acts and of their 
 contents, and every copy purporting to be printed by the 
 queen's printer, shall be deemed to be so printed, unless 
 the contrary be shown." ' 
 
 1 See Consol. S. C, c. 5, s. 6, sub-s. 27. 
 
 ^ 31 Vict., c. 1, s. 7, sub-s. 38. See Eev. Stat, of Can., c. 1, s. 7, sub-ss. 
 54, 55. This provision is in accordance witii Lord Brougham's act of 
 1850, for shortening the language of acts of parliament ; 13 Vict., c. 21, 
 8. 7. 2 See Imp. Stat. 8 & 9 Vict., c. 113, s. 3. 
 
CHAPTER XX. 
 
 PRIVATE BILLS.— Continued. 
 
 I. English compared with Canadian procedure. — II. Promotion of private 
 biUs in Parliament. —III.— Private bill days in the Commons.— IV. 
 Petitions for private bills.— V- Committee on standing orders.— VI. 
 First and second readings of bill.— VII. Fees and charges.— VIII. 
 Committees on private bills.— IX. Reports of Committees.— X. Com- 
 mittee of the whole- — XI. Third reading. 
 
 I. English compared with Canadian Procedure.— The procedure 
 in the Senate and House of Commons with respect to 
 private bill legislation is more simple than that of the 
 English Houses. In the Canadian Commons there are 
 only twenty-six special rules or orders for the regulation 
 of private bills, while in the English Commons alone, 
 there are no less than two hundred and fifty relating to 
 that class of legislation. It is true that, in all unprovided 
 cases, reference may be had to the practice of the English 
 Houses, but so far the system of the imperial parliament 
 has only been adopted in a very modified form. The 
 English orders provide for a much more thorough exami- 
 nation of all petitions and bills than is possible under 
 Canadian rules. For instance, the chairman of the com- 
 mittee of ways and means, who is deputy speaker and a 
 paid ofB.cer of the House, examines all private bills 
 whether opposed or unopposed, and calls the attention of 
 the House, and also of the chairman of the committee on 
 every opposed bill, to all points which may appear to 
 him to require it. He is also at liberty, at any period 
 after a private bill shall have been referred to a committee, 
 
ENGLISH PROCEDVRE. 699 
 
 to report to the House any special circumstances relative 
 thereto, which may appear to him expedient. The im- 
 portant and onerous duties of the chairman of ways and 
 means in these particulars are in practice performed by 
 individual members of the Canadian committees on pri- 
 vate bills.^ 
 
 The work of private bill legislation is also distributed 
 as far as possible between the two Houses. It is the duty 
 of the chairman of the committee of ways and means, at 
 the commencement of each session, to seek a conference 
 with the chairman of committees of the House of Lords, 
 for the purpose of determining in which House the respec- 
 tive private bills shall be first considered.^ Consequently 
 a fair proportion of private bill legislation is now initiated 
 in the Lords, and the work of the Commons is to this 
 extent lessened. In Canada, the promoters of private bills 
 are free to introduce their bills in either House. In 1890, 
 there were eighty-one private bills introduced in the 
 Commons, and only six presented in the Senate, and of 
 the latter three were divorce bills, which have been 
 always initiated in the upper House. The same facts are 
 disclosed by reference in the journals of the Senate for 
 ■ each session since 186*7. 
 
 The English House refers private bills to certain small 
 committees, which may be compared to the sub-com- 
 mittees to which the large committees of the Canadian 
 Commons find it occasionally convenient to refer some 
 private bills for thorough scrutiny and amendment. The 
 committee on standing orders consists of only eleven 
 members nominated at the commencement of every session 
 of whom five are a quorum. The committee on every 
 opposed railway, tramway, and canal bill or group of 
 such bills, consists of four members and a referee, or four 
 members not locally or otherwise interested in the bill or 
 bills in progress. Committees on other opposed private 
 
 1 S. O. 80-83 Eng. Com. « Ih. 79. 
 
Too PRIVATE BILLS. 
 
 bills consist of a chairman, three members and a referee, 
 or a chairman and three members, not locally or other- 
 wise interested, appointed by the committee of selection.^ 
 Other committees of this character are equally small in 
 numbers in both the Lords and the Commons. 
 
 The system in the Canadian Houses is to refer the 
 different classes of bills to large standing committees, 
 which consist of the following numbers : — 
 
 In the Senate, 1891. 
 
 Committeo on Standiag Orders and Private Bills 43 
 
 " Eailways, Telegraphs and Harbours 41 
 
 " Banking and Commerce 33 
 
 In the Commons, 1891. 
 
 Committee on Standing Orders 42 
 
 " Eailways, Canals and Telegraph Lines lYO 
 
 " Miscellaneous Private Bills 77 
 
 " Banking and Commerce ....112 
 
 The committees of the Commons, as already shown in 
 the chapter on select committees, are nominated at the 
 commencement of each session by a committee of selec- 
 tion, composed of leading men representing the political 
 divisions in the House. 
 
 The question of facilitating the business of the Canadian 
 parliament, by the introduction in the Senate, during 
 each session, of a larger number of private bills than has 
 hitherto been the case, has been considered more than 
 once in the latter chamber.^ No reason apparently exists 
 why there should not be such a division of labour as 
 exists in England. The rules that have been adopted 
 there could be practically adapted to the Canadian 
 
 ' May, V90, 803. 
 
 2 See Sen. Deb. (1885), 429-450 ; 705-711. In the session of 1890, Mr. 
 Blake directed the attention of the government iu the Commons to the 
 same subject, but no steps have yet been taken in that desirable direction. 
 Can. Hans. 2312. 
 
HOW PROMOTED. 701 
 
 Houses with little difficulty or expense. It is quite certain 
 that if the promoters of bills are free to select the House 
 for the initiation of their legislation, they will, as was the 
 case originally in England, always go to the Commons 
 under the belief that if they pass the ordeal of that body, 
 the consideration in the upper House will be easy enough 
 and a matter of secondary importance. Legislation should 
 be divided without reference to the wishes of promo- 
 ters.^ 
 
 "With these remarks the writer may now proceed to 
 consider the practice of the Canadian parliament with 
 respect to private bills. As the orders of the two Houses 
 are for the most part the same, reference will be chiefly 
 made to the rules and precedents of the Commons where 
 the mass of this class of legislation is initiated. A separate 
 chapter will be devoted to divorce bills and to a few 
 points of practice in the Senate which demand special 
 mention. 
 
 II. Promotion .of private legislation in Parliament— It is the 
 practice of the Canadian Commons for members to take 
 charge of private bills and to promote their progress 
 through the House and its committees, but it is "contrary 
 to the law and usage " of the English parliament that any 
 member of the House " should be permitted to engage, 
 either by himself or any partner in the management 
 of private bills before this or the other house of parlia- 
 
 ^ One of the plans suggested in England from time to time, avowedly 
 for the purpose of facilitating public business, has been the substitution 
 of a single inquiry, for the existing double inquiry into contested bills. 
 It has been proposed that such bills be referred to a joint committee of 
 the two Houses, but the sentiment of parliament has so far been in favour 
 of each House acting as a court of appeal on the decisions of the other. 
 See Clifford, Private Bill Legislation, ii., 900-913 ; Todd, i., 402, 403. In 
 1873, however, bills for railway amalgamations of great magnitude, it was 
 agreed, should be referred to a joint committee, but this arrangement did 
 not at all involve the principle of referring ordinary railway or other bills 
 to a joint committee. 214 E. Hans. (3), 886. 
 
V02 PRIVATE BILLS. 
 
 ment for pecuniary reward."^ So strictly is this principle 
 carried out in England, that it is even provided in the 
 standing orders that committees on opposed bills shall 
 be composed " of four members not locally or otherwise 
 interested in the bill or bills referred to them." Every 
 member of a committee on such a bill must, before he is 
 entitled to attend and vote on such committee, sign a 
 declaration that his constituents have no " local interest " 
 and that he himself has no " personal interest " in the 
 proposed legislation. Nor can a member, locally or other- 
 wise interested in an unopposed private bill, vote in a 
 committee on any question that may arise, though he 
 may attend and take part in the proceedings.^ 
 
 It is a recognized principle in the Canadian, as in the 
 English parliament, that ministers of the Crown should 
 not initiate or promote private bill legislation. But 
 ministers sit on private bill committees in the Canadian 
 Commons, and carefully scrutinize all private and local 
 legislation with the view of guarding the public interests.^ 
 
 Eules *72 and 13 of the Commons lay down certain 
 regulations for the guidance of agents, to whom parties 
 interested in private legislation may entrust their bills. 
 Every agent is personally responsible to the House and to 
 the speaker for the observance of the rules, orders and 
 
 ' Ees. of 26tli Feb., 1830; 85 E. Com. J. 107. See mpra, 455. 
 
 2 Eng. S. O. 116-118, 139 ; Can. Hans. (1883), 36-37. While some mem- 
 bers have been incUned to adopt the English standing orders in these 
 particulars, others have argued that in a very large committee like that 
 on railways in the Canadian House, it is to the public advantage and 
 convenience that all the railway interests should be represented and 
 heard; of course, in small committees like those in tlie English Com- 
 mons, it is expedient to have such checks as are imposed by their rules. 
 See remarks of Sir J. A. Macdonald ; Can. Hans (1883), 37. 
 
 ' In England, the occupants of the Treasury bench are exempt from 
 serving on private bill committees ; 175 E. Hans. '(3), 1545. See as to 
 duties of ministers ; IMirror of P. 1830, p. 2009 (Sir E. Peel) ; lb. 1840, 
 p. 4657 (Mr. Baring, chancellor of the exchequer) ; 80 E. Hans. (3), 177 
 (Sir B. Peel). See also Sen. Deb. (1879), 186 ; lb. (1883), 52. 
 
PRIVATE SILL DAYS IN THE COMMONS. 103 
 
 practice of parliament, and also for the payment of all 
 fees and charges. He cannot act until he shall have re- 
 ceived the express sanction and authority of the speaker. 
 If he shall act in violation of the rules of parliament or 
 of those prescribed by the speaker, or shall wilfully mis- 
 conduct himself in prosecuting any proceedings before 
 parliament, " he shall be liable to an absolute or temporary 
 prohibition to practice as a parliamentary agent, at the 
 pleasure of the speaker ; provided that, upon the applica- 
 lion of such agent, the speaker shall state in writing the 
 ground of such prohibition." 
 
 No officer of the House is allowed to transact private 
 business for his emolument or advantage, either directly 
 or indirectly.^ 
 
 III. Private Bill Days in the Commons.— By rule 19, private 
 bills come up for consideration in the House of Commons 
 on Monday, "Wednesday, and Friday in each week.^ No 
 limit is fixed to the discussion on such bills w^hen they 
 are reached on Monday, but on the other days they are 
 not to occupy more than one hour, when the House re- 
 sumes at half past seven o'clock in the evening. By 
 general consent the hour may be extended,^ but if objec- 
 tion be taken, the House must go on with the other busi- 
 ness on the order paper.* The rule is frequently suspended 
 towards the close of the session by orders giving pre- 
 cedence to government or other business of importance. 
 In case it is not proposed to supersede private bills, the 
 motion to give priority to other matters should be, 
 
 1 Pari. Eep. No. 648, of 1833, p. 9 ; No. 606, of 1835, pp. 17-19. May, 
 782. 
 
 2 Supra, 302, 303. 
 
 ' Canada Southern railway bill, March 22 ; and April 10, 1878 ; when 
 two hours and a half were devoted to private bills. 
 
 ^ Campbell relief bill, Hans. (1879), 1883; Can. Com. J. (1886), 323; lb. 
 (1888), 197 ; lb. (1890), 134. The speaker almost invariably takes the 
 chair from 8 to 8-15, and the hour, of course, commences at that time — 
 not at half past seven. 
 
104 PRIVATE BILLS. 
 
 strictly speaking, so worded,^ though, as a matter of prac- 
 tice, the hour for private bills is rarely interfered with. 
 
 IV. Petitions for Private Bills.— Every private bill, presented 
 iu either Houfee, should be first based upon a petition 
 which states, succinctly, the object which the promoters 
 have inview.^ The rules that govern petitions generally, 
 apply also to those for private bills ; and it is therefore 
 important that every applicant for private legislation 
 should carefully observe these rules, as an informality 
 may jeopardize the measure he is applying for. As the 
 subject of petitions is treated fully elsewhere,' it is here 
 necessary only to state that the signature must appear on 
 the sheet containing the whole or part of the prayer; that 
 the signature or signatures must be in the hand-writing 
 of the party interested ; that an agent cannot sign for 
 another except in case of illness ; that the petition of a 
 corporation must contain the corporate seal ;^ that no 
 member can present a petition from himself, but must do 
 so through another member.^ A member will present the 
 petition in his place — confining himself to a simple state- 
 ment of its allegations or of the prayer — and a clear day 
 must elapse between the days of presentation and recep- 
 tion,^ and it is then referred, as a matter of course, to the 
 committee on standing orders, which takes cognizance of 
 all such petitions, and it is only after a favourable report 
 that the bill can be presented. 
 
 1 Can. Com. J. (1882), 231. 
 
 2 Sen. E. 57; Com. R. 56. 
 ^ Chapter viii. 
 
 ■> In the Glasgow gas bill, 18t3, an objection was taken that the seal 
 attached to a petition was not the corporate seal of a company ; and when 
 this was proved to be the case, all the evidence in support of the petition 
 was ordered to be expunged ; May, 838. The Senate have a special rule 
 (37) on the subject. 
 
 5 Bank of Manitoba, Can. Com. J. 1875, p, 235 ; Metropolitan Bank, lb. 
 1876, p. 141. 
 
 « Sen. Deb. (1879), 120 ; lb. (1890), 33. 
 
PETITIONS. "ZOS 
 
 Petitions could formerly be presented within the first 
 three weeks of the session : but in IStS certain modifica- 
 tions and changes were made' in the rules, and it is now 
 ordered : 
 
 '' No petition for any private bill is received by the House after 
 the first ten days of each session ; nor may any private bill be 
 presented to the House after the first two weeks of each session ; 
 nor may any report of any standing or select committee upon a 
 private bill be received after the first six weeks of each session." 
 (Sen. & Com. E. 49.) 
 
 TJnder the amended rules, any person seeking to obtain 
 the passage of a private bill is required to deposit with 
 the clerk a copy of the bill eight days before the meeting 
 of the House, together w^ith a sum sufficient to pay for the 
 printing and translation.^ Under the old system, the time 
 of the House was occupied even toward the latter part of 
 the session with private bills, and the House was fre- 
 quently unable to give them the full consideration all such 
 measures should invariably receive. The time for present- 
 ing petitions and bills was practically extended through- 
 out the whole session, and a very loose and careless system 
 was encouraged. The object of the amended rule is to 
 bring the bulk of petitions and bills within the first part 
 of the session, but, though there is a decided improvement 
 as compared with the old practice, the promoters of private 
 bill legislation are still very remiss, and are likely to be so 
 while they feel that the committee on standing orders is 
 disposed to extend the time whenever an application is 
 made for that purpose. "When it becomes necessary to 
 extend the time for receiving petitions, the regular course 
 is for the committee on standing orders to make a report, 
 recommending such an extension. The rule provides : 
 
 " No motion for the suspension of the rules upon any petition 
 for a private bill is entertained, unless the same has been reported 
 
 1 Can. Com. J. (1876), 108, 109. 
 
 2 Infra, 728, 729. 
 
 45 
 
*706 PRIVATE SILLS. 
 
 upon by the committee on standing orders." (Sen. E. 18 ; Com. 
 R. 55.) 
 
 Eule 69 of the OommoBS also provides that any motion 
 in relation to the suspension of the rules, must be referred 
 to the committees : 
 
 " Except in cases of urgent and pressing necessity, no motion 
 for the suspension or modification of any rule applying to private 
 bills or petitions for private bills shall be entertained by the 
 house until after reference is made to the several standing com- 
 mittees charged with the consideration of private bills, and a re- 
 port made thereon by one or more of such committees."^ 
 
 "When the committee on standing orders, or other com- 
 mittee charged with private bills, has reported in favour 
 of extending the time, it is the duty of the chairman to 
 make a formal motion in accordance with the recommend- 
 ation. This motion may also extend the time for present- 
 ing private bills, or receiving reports from committees — 
 the latter recommendation being only necessary in rare 
 cases.^ In the session of 1879, the time expired before the 
 committee on standing orders in the Commons was 
 organized. A motion was then made in the House by the 
 premier to extend the time, as a number of petitions would 
 be brought up before the committee could report regularly 
 in favour of an extension.' Subsequently the committee 
 on standing orders reported in favour of extending the 
 time for presenting bills, and the House agreed to the 
 recommendation.^ 
 
 "When the usual time for receiving petitions has expired. 
 
 ^ The Senate have no such rule respecting bills, but in order to suspend 
 a rule one day's notice shpuld be properly given under rule 18. Sen. Deb. 
 (1879), 500. For cases of " pressing necessity " see Can. Com. J. (1887) 
 269, 295 ; lb. (1890), 429, 464, 469. 
 
 ' Can. Com. J. (1876), 102, 107, 108 ; lb. (1877), 38, 42, 44 : lb. (1878), 
 36,93,137; lb. (1883), 104, 214, 235; Sen. J. (1879), 71, S3; lb. (1883), 
 58, 76. 
 
 ' Can. Com. J. (1879), 31 ; rule 55 was suspended by general consent. 
 
 ' See also Senate journals, (1879) 51, 52, 102 ; Cora. J. (1879), 39. 
 
PETITIONS. *707 
 
 and the House is not disposed to extend it, occasions may- 
 arise when parties will be obliged to ask for legislation. 
 Under such circumstances, the regular course is for the 
 parties interested to present a petition praying to be per- 
 mitted to lay before the House a petition for the passing 
 of the necessary act, notwithstanding the expiration of 
 the time for bringing up petitions for private bills. It is 
 usual to allow (by general assent) such a petition to be read 
 and received forthwith, and to refer it to the committee on 
 standing orders. If the committee, after considering all 
 the circumstances of the case, report favourably, the peti- 
 tion for the bill will be at once presented, and leave given 
 to read and receive it forthwith.^ When the committee 
 find that the reasons for delay in coming to the House for 
 legislation are not sufficient to justify a suspension of the 
 rules, they will report accordingly, and no further progress 
 can be made in the matter.- Oases will be found in the 
 journals of the old legislature, of the House having allowed 
 the presentation of petitions without the reference of a 
 preliminary petition to the committee on standing orders.^ 
 In these cases the rules have been suspended by unani- 
 mous consent, and the petition at once received. In one 
 case, since 186Y, a petition was immediately received, 
 and the bill at once presented and referred/ But such in- 
 stances of departure from correct practice are of very 
 rare occurrence, and can only be justified " in cases of ur- 
 gent and pressing necessity."" In another case, stated to 
 
 1 Can. Com. J. (1877), 263, 267, 268; Ih. (1879), 357, 363; lb. (1880-1), 
 208 ; lb. (1883), 111, 214, 244, 254 ; lb. (1884), 298, 331 ; lb. (1890). 121. 
 Sometimes the committee recommend suspension of other rules ; lb. 
 (1886), 183, 186. In the Senate a preliminary petition has not heen 
 referred to the committee on standing orders, but has been received 
 forthwith; Jour. (1879), 175, 254. Then the petition for the act has 
 been brought in and referred in due form to the standing orders com- 
 mittee ; lb. 208, 219. 
 
 2 Can. Com. J. (1875), 246. 
 
 » Leg. Ass. J. (1852-3), 347 ; lb. (1863, Feb. sess.), 320, 326. 
 
 * Can. Com. J. (1873), 280. ^ E. 69, mpra, 706. 
 
•708 PRIVATE BILLS. 
 
 be of urgent necessity, the House consented to receive 
 forthwith a petition praying that the rule requiring pre- 
 vious notice of an application for a bill be suspended. The 
 committee on standing orders considered the application, 
 and when they had reported favourably the member in 
 charge of the bill moved for the suspension of the 51st 
 rule, and presented the bill.^ 
 
 Petitions in favour of, or in opposition to, private bills 
 may be received at any time while the bill is under the 
 consideration of the House and its committees, and are re- 
 ferred to the committee on the bill, without a motion in 
 the House, in accordance with rule 59 of the Commons, 
 (Sen. K. 60).^ There is no rule laid down in the Canadian 
 Houses as respects the time when such petitions should be 
 presented ; ^ they are frequently brought up and received 
 after the bill has been referred to a select committee.'' 
 
 V. Committee on Standing Orders.— This committee is ap- 
 pointed in both Houses at the commencement of the ses- 
 sion, and proceeds to work without delay. Under rule 53 
 of the Senate and Commons " petitions for private bills, 
 when received by the House, are to be taken into consid- 
 eration (without special reference) by the committee on 
 standing orders, which is to report in each case whether 
 the rule with regard to notice has been complied with ; 
 and in every case where the notice shall prove to have 
 been insufficient, either as regards the petition as a whole 
 or as to any matter therein which ought to have been 
 specially referred to in the notice, the committee is to 
 recommend to the House the course to be taken in conse- 
 quence of such insufficiency of notice." 
 
 ' Can. Com. J. (1877), 79, 89, 90. 
 
 ^ Can. Com. J. (1873), 89; lb- (1876), 170; Southern Railway petitions, 
 Feb. 21, 1878. 
 
 ' The time is limited for receiving petitions against bills in the English 
 house. May, 816. 
 
 ' Can. Com. J. (1876), 139, 143,^71, 196. 
 
COMMITTEE ON STANDING ORDERS. 709 
 
 Under rule 51, common to both Houses, notices must be 
 given of " all applications for private bills properly the 
 subjects of legislation by the parliament of Canada, within 
 the purview of the British North America Act, 1867, 
 whether for the erection of a bridge, the}making of a rail- 
 road, turnpike road, or telegraph line ; the construction or 
 improvement of a harbour, canal, lock, dam or slide, or 
 other like work ; the granting of a right of ferry ; the in- 
 corporation of any particular trade or calling, or of any 
 banking or other joint stock company " ; or " otherwise for 
 granting to any individual or individuals any exclusive 
 or peculiar rights or privileges whatever, or for doing any 
 matter or thing which, in its operation, would affect the 
 rights or property of other parties, or relate to any parti- 
 cular class of the community, or for making any amend- 
 ment of a like nature to any former act." The notice must 
 clearly and distinctly specify the nature and object of the 
 application, and (except in the case of existing corpora- 
 tions) must be signed on behalf of the applicants. In the 
 provinces of Quebec and Manitoba this notice must be in- 
 serted in the official Canada Gazette, in the English and 
 French languages, and in one newspaper in the English, 
 and in one newspaper in the French language, in the 
 district affected, or in both languages if there be but one 
 paper ; or if there be no paper published therein, then (in 
 both languages) in the ofl&cial Canada Gazette, and in a 
 paper published in an adjoining district. In any other 
 province, or territory, it is necessary to insert a notice in 
 the official Canada Gazette, and in one newspaper pub- 
 lished in the county, or district or union of counties 
 affected, or if there be no paper published therein, then 
 in a newspaper in the next nearest county or district in 
 which a newspaper is published.^ 
 
 ^ Previous to 1886, the rule made no specific provision for the North- 
 west Territories, and it was accordingly amended in that year. See 
 Can. Com. J. (1886), 68, 321. It is custbmary, whenever practicable, to 
 
•710 PRIVATE BILLS. 
 
 These notices must be continued in each case for a period 
 of at least two months, during the interval of time between 
 the close of the preceding session and the consideration 
 of the petition, and copies of the newspapers containing 
 the first and last insertion of such notice shall be sent 
 by the parties inserting such notice to the clerk of the 
 House (or of the Senate) to be filed in the standing orders 
 committee room. 
 
 By rule 52, before any petition praying for leave to bring 
 in a private bill for the erection of a toll-bridge, is pre- 
 sented to the House, the person or persons intending to 
 petition for such bill shall, upon giving the notice pre- 
 scribed by the standing orders, at the same time and in 
 the same manner, give notice also of the rates which they 
 intend to ask, the extent of the privilege, the height of the 
 arches, the interval between the abutments or piers, for 
 the passage of rafts and vessels, and shall also state 
 whether they intend to erect a drawbridge or not, and the 
 dimensions of the same. 
 
 "With a view to give full information of the orders 
 on this subject, it is provided by the rule of both Houses 
 that the clerks shall during each recess of parliament 
 publish weekly in the ofiicial Canada Gazette the rules 
 respecting notices of intended applications for private 
 bills and the substance thereof in the official G-azette of 
 each of the provinces ; and that they shall also announce, 
 by notice affixed in the committee rooms and lobbies of 
 the House, by the first day of every session, the time 
 limited for receiving petitions for private bills, and re- 
 ports thereon. 
 
 The committee on standing orders have no authority to 
 inquire into the merits of a petition ; that is properly the 
 
 publish notices in the two languages in the Northwest Territories, as in 
 the case of Manitoba. See Assiniboia Synod, Begina Leader, 1885. 
 Qu'appelle Synod, Ibid, 1885. Also numerous cases in 1886 in Northwest 
 papers. 
 
NOTICE OF APPLICATION. Yll 
 
 duty of the committee to whom the bill, founded on the 
 petition, is subsequently referred ; but they must compare 
 the petition with the notice, in order to see that the latter 
 is not at variance with the former. If there be any in- 
 formality in the notice or if the parties have neglected to 
 give proper notice, the committee will report it to the 
 House, and either recommend an enforcement or a relaxa- 
 tion of the rule, according to the circumstances of the case. 
 It is the duty of the clerk of the committee to examine 
 into all the facts with regard to the notice given on each 
 petition, so that the committee will have before them such 
 information as that officer can give. In case of insuffi- 
 ciency in the notice, or other irregularity connected there- 
 with, the promoters of the bill, or their authorized agents, 
 will appear before the committee and make such explana- 
 tions as are necessary to enable them to come to a con- 
 clusion. 
 
 The committee will always be guided in coming to a 
 conclusion by the circumstances of the case under their 
 consideration. It may not unfrequently happen that they 
 will dispense with the notice altogether or declare them- 
 selves satisfied with a partial and defective notice, when 
 they are assured that no private interests will be affected 
 injuriously by the irregularity. The reasons which gene- 
 rally lead them to a conclusion will, however, be best 
 understood by referring to some of the cases since 186*7, 
 where they have considered the notice sufficient or have 
 considered that the circumstances justiiied a departure 
 from strict usage. 
 
 When the application was based oij resolutions unanimously 
 adopted by the shareholders present at a special general meet- 
 ing, convened for the purpose of considering the same.^ When 
 a notice has been sufl8.cient in regard to time, but no mention 
 has been made therein of the rates of toll to be levied by a 
 Bridge Company ; on condition that such provision be made in the 
 
 1 Can. Com. J. (1867-8), 35, 36. 
 
*712 PRIVATE BILLS. 
 
 bill as the private bill committee might consider necessary for 
 restricting the rates of toll.' When the notice contained no men- 
 tion for the proposed increase of capital, on condition that a pro- 
 vision was inserted in the bill requiring the consent of the share- 
 holders to such increase before it went into operation.'' When a 
 railway to be incorporated did not interfere with any existing in- 
 terest.^ When the application has not been sufficiently explicit, 
 but evidence was brought before the committee that the pro- 
 posed changes were appi-oved by the shareholders.* When 
 the extension of a railway would run through an unsettled 
 tract of country, where no private rights would be interfered 
 with." When a very numerously signed petition in favour of 
 a bridge or other work in a public locality has been shown 
 to the committee.'' When there are no existing rights to be 
 affected, and no opposition likely to be offered to the project.' 
 When the necessity for the application has arisen too recently to 
 admit of the notice being given in time.' Whenever no private 
 interests other than those of the petitioners are affected.^ When 
 the committee have been convinced that the public in the locality 
 specially affected has been made fully aware of the proposed 
 legislation.^" When they have had evidence that the consent of 
 the shareholders had been signified." 
 
 In 1811 the notice for the Coteau Landing and Ottawa railway 
 was given only a few days before the presentation of the petition ; 
 but the promoters explained that their action had been contin- 
 gent on that of the legislature of Ontario, and on that of the 
 corporation of Montreal City, and that as soon as they felt 
 justified in going on with the work they jmblished the requisite 
 notice and held public meetings for the discussion of the project, 
 at which it was most favourably received. Under these circum- 
 
 1 Can. Com. J. (1867-8), 168. 
 
 ' lb. (1869), 99. In other instances where the proposed amendments 
 were not specifically stated in the notice, the committee have recommended 
 invariably a similar provision in the bill ; lb. (1869), 113; lb. (1871), 139; 
 lb. (1873), 82. 
 
 « lb. (1870), 237. * Can. Com. J., (1873), 67. 
 
 " lb. (1873), 110 ; lb. (1874), 147. " lb. (1874), 54. 
 
 ' lb. (1874), 89. s jjj_ (1874), 219 ; 16. (1883), 100. 
 
 •" lb. (1877), 74, 272 ; lb. (1889), 66. 
 '" lb. (1870), 52. '1 n. (1867-8), 177. 
 
NOTICES DEEMED SUFFICIENT. IIB 
 
 stances the rule was suspended.' In another case of short notice, 
 the petitioners were under the erroneous impression that they 
 could obtain a charter from the governor in council under the 
 general banking act ; and the rule was suspended especially in 
 view of the fact that the whole banking system would come under 
 review that session.'-' On the petition of the Commercial Bank of 
 New Brunswick for an act to limit the time within which their 
 notes would be redeemable the notice was not complete as to 
 time; and to remedy this the committee suggested that in fixing 
 the time to be limited by the bill such a date be specified as 
 would give to creditors ample notice of the limitation.^ On the 
 petition of the Great Western Eailway for an act to legalize its 
 issue of perpetual debenture stock under the act of a previous 
 session, the committee found that the notice merely referred to 
 an extension of powers without any specific mention of these 
 debentures. They were Issued under the authority of the act in 
 question, after it had passed both Houses, but before it had 
 received the royal assent. They were issued through inadvert- 
 ence, in consequence of information of the passage of the bill 
 transmitted by telegraph, and the object of the application was 
 to remedy the defect. "Under these circumstances the notice was 
 deemed sufficient.'' Iii another case the committee found the 
 notice sufficient for a railway bridge, but would not recommend a 
 relaxation of the rule concerning tolls on vehicles and foot pas- 
 sengers, because they found there was opposition in the locality 
 affected." In the case of an act respecting the Canada Landed 
 Credit Co., notice was first published of an application to the local 
 legislature of Ontario through a misapprehension, and the notice 
 of application to the dominion parliament was only published 
 subsequently, and consequently was not complete ; but the com- 
 mittee had no hesitation in reporting favourably .'' 
 
 When the petitioners have asked only for the confirmation of 
 a railway charter already granted by the local legislature, and 
 there has been no opposition to the undertaking, which would be 
 advantageous to the development of mining and other interests 
 of the country.'' When the necessity for asking legislation arose 
 
 1 Can. Com. J. (1871), 66. ^ lb. (1871), 78. 
 
 3 Can. Com. J. (1871), 139, 140. * lb. (1874), 147, 148. 
 
 5 16. (1 874), 148. » i5. (1876), 102, 126. 
 ' Can. Com. J. (1888), 78. 
 
714 PRIVATE BILLS. 
 
 at the last moment and it was too late to give the required notice 
 in full, and the interests of the shareholders would be sufSciently 
 protected under the clause of the Model Bill, by which the 
 powers asked for were granted.' When no mention has been 
 made in the notice of the intention to extend a railway to a par- 
 ticular town, and the idea of such extension had originated only 
 since the publication of the notice, the promoters having since 
 then extensively advertised their intentions in the districts 
 affected, and petitions having been received in favour of the pro- 
 ject from four different municipalities.' When notice has been 
 published in only one newspaper, but a number of petitions have 
 been received from the inhabitants of the districts affected in 
 favour of the undertaking, and no vested interests will be injured 
 should the measure become law.^ When the notices will have 
 sufficiently matured before the bill could be considered by the 
 proper committee.* When a charter for a railroad has lapsed 
 through inadvertence, and evidence has been adduced to show 
 that all parties are in favour ^of the measure." When a loan 
 and agency company has asked for an act to extend the time 
 from five to ten years for holding real estate in satisfaction of 
 any debt, and the notice has merely stated that application would 
 be made to amend the act of incorporation by substituting the 
 word "five" for " ten," the committee has refused to suspend the 
 rule, but on further consideration of evidence that no rights or 
 interests were likely to be injuriously affected by the absence of 
 a specific notice, they consented not to press the rule.^ When 
 no notice has been published in the whole district through which 
 a railway is proposed to run, the notice has been deemed suffi- 
 cient only for the districts where the notices have been duly 
 given.' When no tolls or other particulars have been given in 
 connection with a proposed railway bridge, as required by rule 
 52, and adequate provision can be made therefore in the bill 
 
 1 Can. Com. J. (1888), 90. 
 
 'Ib.m. 
 
 '' lb. 128. For model bill, see infra, 723. 
 
 * Can. Com. J. (1889), 39, 65, 84, 129 ; lb. (1890), 26, 34, 58, &c. 
 
 '^ lb. (1889), 66. 
 
 « lb. 85, 90, 99. 
 
 ' lb. 106, 112; 76. ;1890), 68, 76, 98. 
 
NOTICE DISPENSED WITH. 115 
 
 subject to the approval of the goverDor-in-council.' "When an 
 assurance company have not specified in the notice — regular in 
 other respects — their intention to apply for power to limit the 
 amount of stock held by any one person, but the exercise of such 
 power would affect the shareholders only and could be made con- 
 ditional by the bill on their approval at a general meeting.^ 
 
 From the foregoing precedents it will be seen that 
 notice was given irregularly, or was defective iu point of 
 time ; but there are numerous instances where the com- 
 mittee have felt justified in dispensing with a notice 
 altogether. The petition of a board of trade for amend- 
 ments to its act of incorporation, and to legalize the 
 appointment of an official assignee made previous to in- 
 corporation, was not considered one requiring the pub- 
 lication of notice.^ In the case of the Niagara Falls G-as 
 Company in the state of New York, for authority to sup- 
 ply the town of Clifton with gas, no notice was given, 
 but the committee recommended a suspension of the rule 
 in view of the fact that there was before the House a 
 petition from the latter place, representing that it would 
 be of great advantage to the town, and that no private 
 rights would be interfered with.* The Vine G-rowers' 
 Association petitioned the House for the repeal of section 
 ITl of the act respecting the inland revenue (relating 
 exclusively to the said association) and for certain amend- 
 ments to the act incorporating that body. No notice had 
 been given, but the committee recommended a suspension 
 of the rule, as no other interests were likely to be affected, 
 and as the act referred to was passed that same session, 
 without the knowledge of the company, whose interests 
 were thereby most prejudicially affected.^ 
 
 1 Can. Com. J. (1890), 58, 99. 
 
 " lb. 68. 
 
 3 Ih. (1867-8), 39. 
 
 * lb. 177. 
 
 = lb. 207. 
 
Tie PRIVATE BILLS. 
 
 The committee have also dispensed with a notice under 
 the following circumstances : 
 
 When no interests except those of the petitioners are likely to 
 be affected by the proposed legislation.' When no exclusive 
 privileges are asked for in the bill.'' When the omission has 
 arisen from some accident, and not from any negligence on the 
 part of the petitioner, and the absence of notice would not be 
 prejudicial to any private interests.^ When it has been shown 
 that the circumstances rendering legislation necessary were so 
 recent that it was impossible to give the requisite notice ; * but 
 generally on condition of the insertion in the bill of a provision 
 that 80 much thereof as might affect the interests of the share- 
 holders should not take effect until their consent should have 
 been obtained at a special general meeting.^ When the com- 
 mittee have had abundant evidence that all parties likely to be 
 affected were fully informed of the application, and that there 
 was no opposition to the project.^ When the committee have 
 found that an act was necessary merely on account of some 
 ambiguity of expression in an act of a previous session/ When 
 it is, or can be provided in the bill that no injury to any party 
 shall arise from the absence of notice.^ When it is shown that 
 the project is one of urgency or of great public importance, and 
 affects no vested i-ights." 
 
 When the notice has been published in the Gazette, but not in 
 a local paper, and it has been shown that the only private 
 interests to be affected are those of the shareholders, whose con- 
 sent is provided for by a clause in the bill.'" When no paper is 
 
 ' Can. Com. J. (1875), 21t!; lb. (1876), 102. 
 
 '' lb. (1867-8), 210. 
 
 ' lb. (1869), 85. 
 
 *Ib. (1S74), 166; J6. (1876), 170; Sen. J. (1883), 188, 232. 
 
 » Can, Com. J. (1869), 185. 
 
 " Can. Com. J. (1870), 44. In this case the company first applied to the 
 Quebec legislature and gave the requisite notices ; and then they deter- 
 mined to ask legislation from the dominion parliament. 
 
 ' lb. (1870), 113 ; lb. (1889), 100. 
 
 ° lb. (1873), 123 ; lb. (1875). 303. lb. (1890), 116, 203 ; Sen. J. (1883), 76, 
 94,232; 
 
 » /6. (1883), 116, 262. 
 
 i» lb. (1869), 162. 
 
INSUFFICIENCY OF NOTICE. Ill 
 
 published in the locality and the public has been otherwise fully 
 made cognizant of the proposed application.' When no notice of 
 the intended legislation could be given in the locality or in its 
 neighbourhood.^ When the petitioners have been willing to 
 submit the matter to a vote of the shareholders before taking 
 action upon it, and provision is inserted to that effect in the bill.^ 
 When the majority of the shareholders reside in Great Britain 
 and similar provision is made.' When notice had been given in 
 a local paper only, and it was shown that the proposed work was 
 confined to a particular locality.* When no notice had been pub- 
 lished in a local paper by the Montreal Northern Colonization 
 Eailway Company, the committee directed that notice of the 
 application should be given to the St. Lawrence and Ottawa 
 Eailway Co., which had power to build a railway bridge in the 
 same locality, and as the rights of the general public could not 
 be prejudicially affected, the notice in the Gazette and Montreal 
 papers, so supplemented, was considered sufficient.^ When the 
 measure did not interfere with any existing rights, but would 
 tend to develop a new section of country.' When the Winnipeg 
 & Northern Pacific Eailway Company have asked to extend 
 the time for the commencement and completion of their railway, 
 no notice was published in Saskatchewan and British Columbia, 
 over which their charter as extended, and no notice was given in 
 French in Manitoba: but as no interests were likely to be affected 
 injuriously, and a notice in English appeared in Winnipeg, the 
 rule was suspended.^ When the operations of the proposed 
 company would for the most part be confined to a county in which 
 no newspaper was published, and the measure would not conflict 
 with any existing rights." When a proposed increase of capital 
 is subject by the act to the unanimous consent of the share- 
 holders at a special general meeting called for the purpose.'" 
 When the bill is not of a nature to require the publication of a 
 
 ' Can. Com. J. (1870), 82. In this case the notice was published in the 
 Ottawa papers, but not in the adjoining city of Hull. 
 
 2 lb. (1871), 78. ' lb. (1871), 102 ; lb. (1873), 52. 
 
 « lb. (1873), 162. " lb. (1874), 255. 
 
 " lb. (1874), 218-9. ' lb. (1889), 99. 
 
 8/6.(1889)100. "JJ. 119. 
 i» lb. (1890), 185. 
 
118 PRIVATE BILLS. 
 
 notice.^ On condition that provision be made in the bill for the 
 assent of the shareholders at a general meeting.^ When the 
 legislation asked for related to companies or associations formed 
 for benevolent, charitable, educational, social, literary or scientific 
 purposes.^ When the occasion for legislation has arisen on ac- 
 count of a very recent judicial decision and it was impossible to 
 give sufficient notice.* When an act of naturalization is asked for.'' 
 
 The foregoing precedents illustrate very clearly the 
 principles that guide the committee in coming to a con- 
 clusion with respect to the absence or insufficiency of 
 notice. They show that such irregularities are overlooked 
 only when the committee are made fully aware that all 
 parties interested have had sufficient notice, or that no 
 interests are affiscted except those of the petitioners. In 
 the case of banks or other incorporated companies, the 
 consent of the shareholders is provided for by the inser- 
 tion of a clause in the bill. When the committee have 
 believed that the notice was really insufficient.* or that 
 the consent of the shareholders had not been given,'^ or 
 certain rights or interests are injuriously affected,* or 
 the petitioners show no good reasons for exemption from 
 the rule,° they have always reported adversely. If the 
 
 1 Can. Com. J. (1879), 83 ; Sen. J. 83 (Geographical Society). 
 
 ^ Can. Com. J. (1879), 136. 
 
 •^ Woodstock Literary Institute, 1857- Montreal Natural History Society, 
 1862. Society of Canadian artists. Can. Com. J. (1S70), 83; Sen. J. 145. 
 Canadian Academy of Arts, Can. Com. J. (1882), 83 ; Sen. J. 72-3. Sisters 
 of Charity in N. W. T., 7th March, 1882, Can. Com. J. Koyal Society of 
 Canada, Can. Com. J. (1883), 67 ; Sen. J., 76. Eoy al Victoria College, Can. 
 Com. J. (1888), 214. 
 
 * Presbyterian Church bills, 2nd March, 1882. 
 
 ^ Can. Com. J. (1872), 80. 
 
 « lb. (1869), 162 ; lb. (1874), 148 ; lb. (1883), 100. 
 
 ' lb. (1876), 170. 
 
 " lb. (1888), 138. In one of the two cases here cited the matter was 
 referred back to the committee for further consideration, and when the 
 parties who had before opposed the petition came forward, and did not 
 press their claims for protection at that stage, the rule was suspended. lb. 
 185, 194. 9 lb. (1890), 133. 
 
REPORT OF STANDING ORDERS COMMITTEE. 119 
 
 notice should be too general in its terms, or if no mention 
 be made of certain matters included in the petition which 
 require a specific notice, the facts should be specially- 
 reported, and the promoters restricted in the provisions 
 of the bill within the terms of the notice ; or if the matters 
 so omitted are allowed to be inserted in the bill, due pro- 
 vision should be made therein for the protection of all 
 parties whose rights might be affected by the absence of 
 a specific notice. "When the notice has been given only 
 in one county or district, the operations of the petitioners 
 have been confined to that locality.' 
 
 The report of the committee is almost invariably 
 accepted by the Hoixse as conclusive, and there cannot be 
 found a single instance since ISB'Z-S where the House has 
 directly overruled their decision, though, as it is shown 
 on a subsequent page, they have themselves reversed their 
 report on a further consideration of the question.^ In the 
 case of a bill from the Senate in ISTT the committee 
 reported adversely, and the House subsequently negatived 
 a motion to suspend the standing orders, and in this way 
 overrule the report of the committee.^ 
 
 In 1883, the Senate committee on standing orders re- 
 ported unfavourably on a Commons bill, of which no 
 notice had been given, and which was referred to them 
 in the absence of a petition ; but the Senate suspended the 
 rules and in this way nullified the action of their own 
 committee.* 
 
 One case is recorded in the journals of the Canadian 
 legislative assembly, where the committee having reported 
 the notice as incomplete, recommended that it be not dis- 
 pensed with. The House nevertheless suspended the rule, 
 and referred the petition back to the committee, who sub- 
 sequently reported favourably, and a bill on the subject 
 
 1 Todd's Private Bill Practice, 49, 50. ' Infra, 720. 
 
 '■> Act for the relief of Bobert and Eliza Maria Campbell ; Can. Com. J. 
 (1877), 313, 335. * Sen. J. (1883), 210, 221. 
 
•720 PRIVATE BILLS. 
 
 was consequently introduced.^ The same respect is paid 
 in the English Houses to the conclusions of the committee, 
 and very few cases are reported of their decision having 
 been reversed.^ 
 
 There are instances in the journals of the old Canada 
 assembly of the House referring petitions back to the com- 
 mittee after an unfavourable report, for the purpose of con- 
 sidering and reporting as to the expediency of suspending 
 the rule. In one case only was their report favourable, 
 and though in this instance the rule was suspended and 
 the bill presented, it was subsequently abandoned.' When 
 a petition had been reported by mistake, the committee 
 have asked that it be referred back to them for further 
 consideration.* They have also reconsidered and amended 
 a report, when further evidence has been adduced to sa- 
 tisfy them.^ 
 
 "When the committee report recommending the suspen- 
 sion of any standing order relative to a private bill, it is 
 proper to make a motion in accordance with that recom- 
 mendation, as the committee have no power of themselves 
 to suspend a rule of the House." The practice, however, 
 
 ^ Todd's Private Bill Practice, 47 ; Huntingdon plank road company, 
 1846. 
 
 ^ "In some few cases, (May, 793-4), the decision of tlie standing orders 
 committee has been excepted to and overruled by the House, either upon 
 the consideration of petitions from the promoters, or by a direct motion 
 in the House, not founded upon any petition. But as the House has been 
 generally dispased to support the committee, attempts to reverse or dis- 
 turb its decisions have rarely been successful." See 80 E. Hans. (3), 158, 
 175. 
 
 ' Elora Incorporation, 1856. * Can. Com. J. (1876), 136. 
 
 ^ St. Bonaventure municipality, 1866 ; Gait and Guelph R. R. amend- 
 ment, 1858 ; British Farmer's Insurance Co., 1859. Can. Com. J. (1887), 
 210, 211, 228 ; lb. (1888), 181, 194. In 1885, a petition was referred back 
 to the committee for further consideration, as the notice for a bill was 
 insuflacient and they had neglected to set forth the fact and recommend 
 a suspension of the rule in the usual form. On the following day the 
 committee reported unfavourably on the petition. lb. (1885), 165, 168. 
 
 « Sen. Jour. (1879), 71, 83, 99, &c. ; lb. (1883), 188 ; Com. Jour.' (1873), 
 267; lb. (1877), 89, 90; lb. (1878), 84, 85 ; lb. (1879), 38, 324-5, 326, 373. 
 
FIRST READING. 721 
 
 has not been uniform in this respect, and cases will be 
 found in the journals of bills having been immediately- 
 introduced after the presentation of the report without 
 any formal motion for the suspension of the rule.^ The 
 correct practice, however, is to move formal concurrence 
 in the report,^ before the introduction of the bills founded 
 on the petitions referred to the committee.' 
 
 In the session of 1880-1, the time for the reception of 
 reports on private bills in the Commons lapsed accident- 
 ally, and it was not competent for the standing orders com- 
 mittee to recommend an extension of time. It was then 
 considered necessary to give a formal notice of a motion 
 to revive the committee. The standing orders committee 
 then met and made a report to extend the time for peti- 
 tions as soon as the House had agreed to the above motion. 
 
 In accordance with English practice, all inquiries as to 
 compliance with the standing orders aflFecting private 
 bills properly fall within the sphere of the functions of 
 this committee, and not of the committee on a particular 
 bill.' 
 
 VI. First and Second Readings-— When the committee on 
 standing orders have reported favourably on a petition, 
 the member who has the bill in charge can present it im- 
 mediately in accordance with the rule : 
 
 " All private bills are introduced on petition and presented to 
 the House upon a motion for leave, after such petition has been 
 favourably reported on by the committee on standing orders." 
 (Com. E. 56, Sen. K. 51.) 
 
 It is usual to present such bills when motions are called 
 
 1 Can. Com. J. (1875), 146, 147. 
 
 ^ In the English Commons the committee's report is in the shape of 
 various resolutions, which are formally read a second time and agreed to ; 
 129 E. Com. J. 63, &c. 
 
 ^ Can. Com. J. (1880-1), 60, 68 ; IK (1883), 100, etc. 
 
 * V. & P. 196 ; Jour. 150, 15S. 
 
 s May, 872-3. 
 
 46 
 
*722 PRIVATE BILLS. 
 
 during progress of routine business. The motion for leave 
 must be in writing, as in tHe case of public bills, and the 
 fees, for printing must be paid before the bill can be pre- 
 sented.^ All the rules that apply to public bills are ap- 
 plicable to private bills in their progress through the 
 Houses,^ unless there are standing orders specially refer- 
 ring to the latter. For instance all ^ bills are read a first 
 time -without amendment or debate in the Commons, 
 though the House may divide on the question.^ If a bill 
 has been presented and read a first time before the com- 
 mittee on standing orders have reported on the petition, 
 the order for the second reading must be forthvf ith dis- 
 charged, and the bill withdrawn until it can be intro- 
 duced regularly .'' If the committee on standing orders 
 recommend a suspension of rule 51 respecting notice, the 
 member in presenting the bill should also move in accord- 
 ance with that recommendation.^ If the time for receiving 
 private bills has expired, a member cannot regularly 
 present a bill, unless the committee on standing orders or 
 other committee on private bills have first recommended 
 a suspension of rule 49, on application having been made 
 to them by the member interested. The rule having been 
 suspended on motion, in accordance with the recom- 
 mendation of the committee, the bill may then be 
 regularly introduced." The first and second readings take 
 place almost invariably on separate days ; only in cases 
 of urgency, towards the close of session, and under excep- 
 
 1 See infra, sec. vii., where explanations are given as respects all fees 
 and charges. 
 
 ^ See chapter xviii. on public bills. 
 
 3 Com. E. 42 ; Can. Com. J. (1877), 143, 144, 169 ; Sen. J. (1883), 49. 
 
 * Can. Com. J. (1877), 50. 
 
 5 lb. (1876), 103; lb. (1877), 90. 
 
 " Hochelaga Building Society, March 15, 1878. On a previous day Mr. 
 Jett6 moved for leave but had to withdraw his motion until the com- 
 mittee reported. Sometimes the standing orders committee, in a case of 
 urgency, will report in favour of suspending both rules 49 and 60 • Can. 
 Com. J. (1873), 267. lb. (1890), 139, &c. 
 
FIRST READING. 123 
 
 tional circumstances, will the House deviate from this 
 wise practice. ' 
 
 It is necessary to have all proposed rates, tolls, fees, or 
 fines printed in italics— technically considered as blanks 
 to be filled up by the committee.^ The bill "must also 
 have attached to it a copy of any letters-patent or agree- 
 ment " when its object is to confirm such.=* When the rule 
 has not been complied with, a private bill committee has 
 reported adversely ; but in such a case the omission may 
 be rectified in committee of the whole on the bill.* 
 
 In the session of 18 8Y,'' the House of Commons adopted 
 rules with respect to the incorporation of railway com- 
 panies, which have decidedly facilitated the work of 
 legislation. It is now provided that all bills of this 
 character shall be drafted in accordance with a Model 
 Bill " under the following rules : 
 
 51A. All private bills foi-acts of incorporation of, or in amend- 
 ment of acts incorporating railway companies, shall be drawn in 
 accordance with the Model Bill adopted by the House on 23rd 
 June, 1887, copies of which may be obtained from the clerk of 
 the House. 
 
 (a). The provisions contained in any bill which are not in 
 accord with the Model Bill, shall be inserted between brackets, 
 and when revised by the proi^er oflcer shall be so printed, and 
 bills which are not in accordance with this rule shall be returned 
 to the promoters to be recast before being revised and printed ; 
 
 (6). Any sections of existing acts which are proposed to be 
 
 1 Can. Com. J. (1879), 326, 373; Sen. J. (1879), 233., In the Senate the 
 rules are formally dispensed with in such a case. lb. (1883), 270. 
 
 ^ Todd's Private Bill Practice, 55 ; May, 796-7. In 1886, a bill was 
 amended in committee of the whole by adding a clause fixing rates of 
 tolls. Sable and Spanish Boom and Slide Company of Algoma. Hans. 
 782; 49 Vict., c. 108, s. 4. 
 
 3 Com. B. 57 ; Sen. E. 58. * Bessemer's patent, 1857. 
 
 6 Can. Com. J. (1887), 195, 203, 313, 320, 412; Hans. 1115, 1270. The pro- 
 visions of the new rules were copied in certain particulars from similar 
 rules in the Ontario Legislature. 
 
 * See appendix K. to this work. 
 
•724 PRIVATE BILLS. 
 
 amended shall be reprinted in full with the amendments inserted 
 in their proper places and between brackets ; 
 
 (c). Any exceptional provisions that it may be proposed to 
 insert in any bill shall be clearly specified in the notice of appli- 
 cation for the same. 
 
 51B. No bill for the incorporation of a railway company, or 
 for changing the route of the railway of any company already 
 incorporated, shall be considered by the railway committee until 
 there has been fyled with the committee at least one week before 
 the consideration of the bill : 
 
 (a). A map or plan drawn upon a scale of not less than half 
 an inch to the mile, showing the location upon which it is 
 intended to construct the proposed work, and showing also the 
 lines of existing or authorized works of a similar character with- 
 in, or in any way affecting the district, or any part thereof, which 
 the proposed work is intended to serve, and such map or plan 
 shall be signed by the engineer or other person making the 
 same ; 
 
 (6). An exhibit showing the total amount of capital proposed 
 to be raised for the purposes of the undertaking, and the manner 
 in which it is proposed to raise the same, whether by ordinary 
 shares, bonds, debentures, or other securities, and the amount of 
 each, respectively. 
 
 59A. Before any private bill is considered by the committee to 
 which it may be referred, a report shall first be submitted to the 
 committee by the examiner, stating that he has examined the 
 same and has noted, opposite each section, any variations from 
 the provisions contained in the Model Bill ; and, to insure uni- 
 formity, the examiner shall revise and certify every private bill 
 passed by the committees, and the reports thereon, before they 
 are presented to the House. 
 
 Previous to 1861, private bills were referred to the select 
 standing committee after the second reading, but in that 
 year when the rules were revised and a new code adopted 
 for the dominion parliament, the reference was ordered to 
 be made in the Commons after the first reading.' In ISTS 
 the House of Commons reverted to the old and more 
 
 1 Can, Com. J. (1867-8), 120 (Rule 59). 
 
SECOND READING. 725 
 
 correct practice of referring all bills after the second 
 reading.^ The Senate, however, never deviated from this 
 practice.^ 
 
 "When the order of the day has been read for the second 
 reading of a private bill, the member will make the usual 
 motion. At this stage counsel may be heard at the bar for 
 and against the bill, but the necessity for this step has 
 only arisen in a few cases in Canada, and, in fact, there 
 have been no instances since 186*7.' The opponents of a 
 bill find that the more convenient course is to explain 
 their objections fully before the committee to which the 
 bill may be referred. It is only on rare occasions that the 
 second reading of a private bill is opposed ; the practice is 
 to allow all discussion as to its expediency to take place 
 first in the committee.* Sometinaes, however, if it is 
 thouglit that the bill is properly one that ought to be dealt 
 with by the local legislature of a province, objection may 
 be taken at this or at any other stage of the measure.' Or 
 if there are other reasons of a public nature against the 
 passage of a bill, its second reading may be very properly 
 opposed." The principles which should guide the House 
 
 ' Can. Com. J. (1873), 351, 384. 
 
 ' In 1861 the legislative council of Canada adopted rules for private 
 bills identical with those of the assembly, The Senate made no change 
 in 1867-8, as to reference to select committees. The rules of the two 
 houses are now practically the same ; when amendments are made in the 
 one house, it is usual to make similar changes in the other, so that there 
 may be uniformity of practice. 
 
 ' King's College, 1843, 1844-5 and 1846 ; Montreal Consumers' Gas Co., 
 1846 ; Great Southern R. E., 1857. 
 
 * This practice has been found particularly convenient in the case of 
 railway bills, involving necessarily many diverse interests of a compli- 
 cated character in not a few instances. " If it was understood with regard 
 to banking, insurance, canal and railway bills, that they were to have a 
 long discussion in the house, on the principle involved, these committees 
 would lose their chief practical value."— Sir J. A. Macdonald. See Can. 
 Hans. (1879), 107-9 ; 1391-7. lb (1880), 588 (Mr. Holton). 
 
 * Bridge over the river L'Assomption, 1875 ; Hans. 893-4. 
 
 « Street E. B. Co. bill in E. Commons, 16th April. 1861 ; 162 E. Hans 
 (3), 641. 
 
•726 PRIVATE BILLS. 
 
 on the second reading of a private bill are tlius clearly laid 
 down by the most eminent English authority of modern 
 times : 
 
 " The second reading corresponds with the same stage in other 
 bills, and in agi-eeing to it, the house affirms the general princi- 
 ple, or expediency of the measure. There is, however, a distinc- 
 tion between the second reading of a public, and of a private bill, 
 which should not be overlooked. A public bill being founded on 
 reasons of state policy, the house, in agreeing to its second read- 
 ing, accepts and affirms those reasons ; but the expediency of a 
 private bill, being mainly founded upon allegations of fact, which 
 have not yet been proved, the house, in agreeing to its second 
 reading, affirms the principle of the bill, conditionally, and sub- 
 ject to the proof of such allegations before the committee. Where 
 irrespective of such facts, the principle is objectionable, the house 
 will not consent to the second reading ; but otherwise the expedi- 
 ency of the measure is usually left for the consideration of the 
 committee. This is the first occasion on which the bill is brought 
 before the house otherwise than pro forma, or in connection with 
 the standing orders ; and if the bill be opposed upon its principle 
 it is the proper time for attempting its defeat." ^ 
 
 When the bill has been read a second time, the member 
 interested will move that it be referred in accordance with 
 the rules of the two houses : 
 
 Senate Rule 60.^ 
 
 " Every private bill, after its second reading, is referred to the 
 standing committee on private bills if appointed, or to some other 
 committee of the same character ; and all petitions before the 
 Senate, for or against the bill, are considered as referred to such 
 committee." 
 
 Commons Rule 59. 
 
 " Eveiy pi-ivate bill, when read a second time, is referred to the 
 standing committee chai'ged with the consideration of such bills. 
 
 1 May, 799-80. See remarks of Sir J. Macdonald, (1889), 170. 
 '' The rule of the Senate also contains a provision for reference of bills, 
 afier first reading in case of a question of jurisdiction arising ; mpra, 686. 
 
REFERRED TO A COMMITTEE. 72*7 
 
 Bills relating to banks, insurance, trade and commerce to the 
 committee on banking and commerce ; bills relating to railways, 
 canals, telegraphs, canal and railway bridges, to the committee 
 on railways ; the bills not coming under these classes to the com- 
 inittee on miscellaneous private bills,^ and all petitions for or 
 against the bills are considered as referred to such committee." 
 
 All the proceedings in the progress of a private bill 
 are carefully provided for in the standing orders, with the 
 view of informing all the parties interested. Under the 
 rules of the two Houses a private bill register is kept in 
 one of the offices. A clerk enters regularly in this book 
 " the name, description, and place of residence of the par- 
 ties applying for the bill, or of their agent, and all the 
 proceedings thereon, from the petition to the passing of 
 the bill — such entry to specify briefly each proceeding in 
 the House or in any committee to which the bill or the 
 petition may be referred, and the day on which the com- 
 mittee is appointed to sit." This book is open to public 
 inspection daily during office hours.^ 
 
 Sometimes,, when the House discovers that a bill has 
 been referred to the wrong committee, or that it can be 
 more conveniently considered by another committee, a 
 motion will be made to discharge the previous order of re- 
 ference, and send it to the proper committee.^ Sometimes 
 
 1 For instance, bills respecting bridges, not railway bridges, are referred 
 to the committee on private bills. Can. Com. J. (1880), 100. But bills for 
 incorporation of navigation and steamship companies [Jb. (1867-8), 216 ; 
 lb. (1873), 281 ; lb. (1875), 153 ; lb. (1880-1), Acadia S. S. Co. ; lb. (1882), 71, 
 146 ; lb. (1885), 129], have been generally sent to banking and commerce 
 committee. In 1889, a steamship bill was referred to railways and canals 
 because it was connected with the Canadian Pacific Eailway Company. 
 Jour., 109. 
 
 ^ Sen. R. 62 ; Com. R. 70. 
 
 ' Can. Com. J. (1877), 127 ; lb. (1880), 77 -/lb. (1882), 290. In 1884 a bill 
 respecting pilots, first referred to the committee on banking and com- 
 merce, was subsequently sent to private bills, as it was simply a bill 
 regulating the affairs of pilots among themselves. See Hans. 131. In 
 1891 two bills respecting a benevolent society were sentjflrst to private 
 bills, and subsequently to banking and commerce, because they contained 
 
•728 PRIVATE BILLS. 
 
 the committee will themselves report that it should be 
 so referred and a motion will be made accordingly.' In- 
 structions aie sometimes given to committees with re- 
 ference to particular bills. In 1863, the committee on 
 banking having under consideration a bill to repeal the 
 acts incorporating the Colonial and certain other banks, 
 that had forfeited their charters, made a report that they 
 be empowered to extend their inquiries to any other banks 
 that might be similarly situated ; and the House imme- 
 diately gave the necessary instructions.^ If it should be 
 necessary to withdraw a bill after it has been referred, a 
 motion should be made first to discharge the order and 
 then to withdraw the bill.' 
 
 In the session of 1882, it was ascertained in the Senate 
 that a bill respecting the Quebec timber company, which 
 had passed the private bill committee, and was on the 
 order paper for the third reading, contained certain pro- 
 visions empowering them to borrow money and make 
 loans on the security of stock, deposit receipts, etc. The 
 order was thereupon discharged and the bill referred to 
 the committee on banking who made further amend- 
 ments.* 
 
 Vn. Fees and Charges,— Under the rules, as amended in 
 18'76, all bills should be printed before the first reading, 
 in the two languages, at the expense of the promoters. 
 The rules provide for the printing expenses as follows : 
 
 provisions affecting insurance. Jour. June 5. In case of a new reference 
 after the bill has been posted for a week, the terms of rule 60 providing 
 for such posting are considered sufficiently complied with. If the full 
 week's notice has not been given when a new reference is made, then it 
 will be necessary only to post it for the time required to make up a full 
 week. Votes and P., 1875, p. 235 ; lb. 1882, p. 370. In the last case the 
 week's notice had long since been given, and hence there is no reference 
 to bill at the end of the votes. 
 
 ' Niagara District Bank, 1863. 
 
 ' Ass. Jour. (1863, August session), 102. See also lb. (1852-3), 290, 340 ; 
 lb. (1854-5), 177, 197, 229. 
 
 ' Can. Com. J. (1878), 60. * Sen. J. (1882), 178 ; Hans. 285-6. 
 
FEES. 729 
 
 " Any person seeking to obtain any private bill, giving any 
 exclusive privilege or profit, or private or corporate advantage, or for 
 any amendment of any former act, shall be required to deposit with 
 the clerk of the House, eight days before the meeting of the same, 
 a copy of such bill in the English or French language — with a 
 sum sufficient to pay for translating and printing the same — 600 
 copies to be printed in English, and 200 copies to be printed in 
 French — the translation to be done by the officers of the House, 
 and the printing by the contractors." ' 
 
 The concluding part of the same rule provides for the 
 payment of a fee after the second reading : 
 
 " The applicant shall also be required to pay the accountant of 
 the House [or clerk of the Senate], a sum of two hundred dollars, 
 and the cost of printing the same for the statutes, and lodge the 
 receipt for the same with the clerk of the committee to which 
 such bill is referred — such payment to be made immediately after 
 the second reading, and before the consideration of the bill by 
 such committee." * 
 
 Under the same rule " the fee payable on the second 
 reading of any private bill is paid only in the House in 
 which such bill originates, but the cost of printing the 
 same is paid in each House." 
 
 In case the bill is withdrawn ' or otherwise fails to be- 
 come law, the fee of |200 is refunded, generally, and pro- 
 perly, on the recommendation of the committee on the 
 
 1 Sen. B. 59 ; Com. R. 58. The rule is not well observed ia the Com- 
 mons ; in 1886, there were 30 bills sent in before the session out of 62 pre- 
 sented ; in 1887, 20 out of 81 ; in 1888, 17 out of 62 ; in 1889, 29 out of 68 ; 
 in 1890, 34 out of 85 presented. The Senate rule omits the words in italics ; 
 but it is practically the same as that of the Commons. 
 
 2 In 1890, the fees collected on private bills in the Commons amounted 
 to $17,135.05, the average amount for ave years being $14,000. The 
 amount, each year, in the Senate is about $1,500. 
 
 3 Can. Com. J. (1876), 212; also (1880-1), 355. If the bill fail or be with- 
 drawn in the House, then the member will be allowed to move directly 
 for refunding of fees. Yaimouth Dyking Co. bill, p. 181, Jour. 1879; also 
 (1880), 266, 267. Preamble not proven (1880), 299, 300 ; lb. (1880-1), 215 ; 
 Ih. (1882), 425. 
 
*730 PRIVATE BILLS. 
 
 bill.^ Sometimes the committee will recommend that it 
 be refunded, on other grounds : 
 
 " Because a bill has been rendered necessary by the action of 
 the general legislature.^ Because the necessity for its passage 
 arose from no fault of the promoter, but from circumstances 
 beyond his control.^ Because the committee have materially 
 diminished the powers asked for.* Because it is not liable to the 
 fee and charges levied on private bills,^ Because it is a mere 
 amendment to the general act respecting banks and banking." 
 Because a j^roject is a great public benefit to a locality.' Because 
 the promoters of the bill have agreed to accept the provisions of 
 a general act passed that session." Because it has to a great 
 extent been superseded by the provisions of a public bill.' 
 Because a bill has been consolidated with another, on which fees 
 are paid." Because it is a mere amendment to a previous act." ^' 
 
 Sometimes the committee will make no report at all on 
 a bill, and then the member interested may move that the 
 fees be refunded " inasmuch as the committee have not 
 reported on the same," or " it is impossible to obtain a 
 quorum.'"^ When a ommons bill is lost or not proceeded 
 with in the Senate, leave will be given in the Commons 
 to refund the fees which are always payable in the House 
 where the bill originates.^' When a bill is lost in the 
 
 1 Can. Com. J. (1879), 224, 344 ; lb. (1880), 99, &c. ; lb. (1880-1), 215, &c. ; 
 76. (1882), 297, &c. ; Sen. J. (1882), 171. 
 
 ■' Can. Com. J. (1870), 175. 
 
 ' lb. (1873), 212. 
 
 - lb. (1874), 167. 
 
 ^ Geographical Society, 1879 ; Baptist Union, 1880 ; Sisters of Charity 
 in the.N. W. T., 1882 ; Royal Society of Canada, 1883 ; Society of Civil 
 Engineers, 1887. 
 
 ' Can. Com. J. (1877), 93. 
 
 ' lb. (1877), 147 ; lb. (1879), 425. « lb. (1877), 245. 
 
 » lb. (1878), 148 ; Hans. April 5. 
 
 " Can. Com. J. (1879), 325 ; lb. (1880-1), 213. " 26. (1883), 192. 
 
 " lb. (1875), 343; 76. (1880), 289 (no quorum). 
 
 " 76. (1874), 349; 76. (1880-1), 334; 76. (1882), 409; 76. (1886), 321 ; 76. 
 (1889), 240. The same course is followed in the Senate when a bill is lost 
 by the action of the other House. Jour. (1890), 235. 
 
IN COMMITTEE. 731 
 
 House itself by an adverse motion, the fees are also gener- 
 ally refunded.^ The fees paid on a bill that had not be- 
 come law have been refunded in a subsequent session.^ 
 When it is not intended to go on with a bill, the regular 
 course is to move at the same time for leave to withdraw 
 it and to refund the fees.^ It is also usual, though not 
 necessary, to add, " less the cost of printing and transla- 
 tion" — the fee to be refunded being the $200 paid after 
 second reading. In 1882, at the end of the session, a bill 
 was deferred for three months on motion of the member in 
 charge, who was unwilling to agree to amendments made 
 by the Senate, and the fees were thereupon ordered to be 
 refunded.^ 
 
 VIII- Committees on Private Bills.— Lists of the committees 
 to which private bills are referred under the rules ° are 
 hung up in conspicuous parts of the Houses for the 
 information of members and all interested parties. It is 
 also ordered : 
 
 "No committee on any private bill originating in this House 
 [in the Senate] of which notice is required to be given, is to con- 
 sider the same until after one week's notice of the sitting of such 
 committee has been first aflSxed in the lobby ; nor in the case of 
 any such bill originating in the Senate [House of Commons] 
 until after twenty-four hours' like notice." (Com. E. 60, Sen. 
 E. 61.) 
 
 This rule is often suspended on the recommendation of 
 one or more of the committees charged with the considera- 
 tion of private bills .^ In a case of urgency it is suspended 
 on motion, especially in the case of Senate bills ; but only 
 
 1 Can. Com. J. (1877), 353. 
 
 2 lb. (1875), 170 ; lb. (1882), 207 (bill lost in the Senate). 
 ' lb. (1887), 245. 
 
 * lb. (1882), 511 ; Hans. 1571-2 (telegraph bill). 
 5 Swpra, 726. 
 
 « Can. Com. J. (1874), 201, 203 ; lb. (1880-1), 254 (S. 0. Com.) ; lb. (1883), 
 221 ; Sen. J. (1880), 220; Deb. 456-7. 
 
732 PRIVA TE BILLS. 
 
 when the session is drawing to a close, and there is no 
 opposition to the bill.^ 
 
 Eule 60 of the Commons also provides : 
 
 " On the day of the posting of any bill the clerk ot the House 
 shall cause a notice of such posting to be appended to the printed 
 votes and proceedings of the day." ^ 
 
 And under a rule common to both Houses : 
 
 " The clerk of the House shall cause lists of all private bills and 
 petitions for sach bills upon which any committee is appointed 
 to sit, to be prepared daily by the clerk of the committee to 
 which such bills are referred, specifying the time of the meeting 
 and the room where the committee shall sit, and shall cause the 
 same to be hung up in the lobby." (Sen. E. 63, Com. E. 71.) 
 
 The rules that govern all committees "have been fully 
 explained in a previous chapter of this work.^ Since the 
 session of 1867-8 the committees on private bills have 
 had the power to examine witnesses upon oath, to be 
 administered by the chairman, or any member of such 
 committee.* 
 
 The rules of the two Houses order : — 
 
 " All questions before committees on private bills are decided 
 by a majority of voices, including the voice of the chairman, and 
 whenever the voices are equal the chairman has a second or 
 casting vote." (Sen. E. 65, Com. E. 62). 
 
 "When a committee has been regularly organized the 
 clerk will lay before it the different matters referred to 
 it, in the order of their consideration. Sometimes bills 
 will be deferred, or a day fixed for their consideration by 
 an arrangement between the parties interested. The com- 
 mittee may in such a case make the bill the first order of 
 the day, just as is done in the House itself in similar 
 matters. 
 
 ' Can. Com. J. (1876), 231; Northern R. E. (1877), 267; Manitoba Junc- 
 tion R. R. (1877), 284 ; Senate bills (1878), 160. 
 ^ See V. & P. (1878), 101, 114, &c. 
 '' Chapter xvi. * 31 Vict., c. 24. See supra, 525-528. 
 
IN COMMITTEE. 733 
 
 All petitions for or against a bill are laid before the 
 committee, and the petitioners, either by themselves or by 
 their agents, will be present to promote their respective 
 interests. Petitioners may pray to be heard against the 
 preamble or clauses of the bill; some against certain 
 clauses only, others may ask the insertion of protective 
 clauses, or for compensation for damages which will arise 
 under the bill. Unless petitioners pray to be heard against 
 the preamble they will not be entitled to be heard, nor to 
 cross-examine any of the witnesses of the promoters upon 
 the general case, nor otherwise to appear in the proceed- 
 ings of the committee until the preamble has been dis- 
 posed of. Nor will a general prayer against the preamble 
 entitle a petitioner to be heard against it, if his interest be 
 merely affected by certain clauses of the bill.^ If the 
 petition against the bill is not sufficiently explicit the 
 committee may direct a more specific statement to be given 
 in writing, but limited to the grounds of objection which 
 had been inaccurately specified.^ If cases arise where an 
 informal petition has been referred through inadvertency, 
 the committee will take cognizance of the matter, and 
 petitioners will not have the right to be heard on such 
 a petition. It is not regular to add anything to a petition, 
 in case a material part has been omitted by a mistake.^ 
 Sometimes petitions relative to a bill under the considera- 
 tion of a. committee will be received as soon as presented 
 in the House, so that they may go immediately before the 
 committee.* 
 
 It is ordered by the rule of the Senate and Commons : 
 
 " All persons whose interests or property may be affected by 
 any private bill shall, when required bo to do, appear before the 
 
 ^ May, 819. 
 
 = May, 819; E. Com. S. O. 128 ; Todd's Private Bill Practice, 73. 
 ' 83 E. Hans. (3), 487. 
 
 ♦ Can. Com. J. (1876), MaU Printing Co., 171. lb. (1879), Ottawa Agricul- 
 tural Insurance Co., 28 March. 
 
TSi PRIVATE BILLS. 
 
 standing committee touching their consent, or may send such 
 consent in writing, proof of which may be demanded by such 
 committee. And in every case the committee upon any bill for 
 incorporating a company may require proof that the persons 
 whose names appear in the bill as composing the company are of 
 full age and in a position to effect the objects contemplated, and 
 have consented to become incorporated." (Sen. E. 64, Com. E. 61.) 
 
 On the day appointed for the consideration of a private 
 bill the parties interested will appear before the com- 
 mittee, and the chairman will first read the preamble, 
 which should be always first considered in a select com- 
 mittee as well as in a committee of the whole.'- The 
 preamble of a private bill sets forth the facts upon which 
 it is founded ; and as these are the whole inducements for 
 its enactment, it is necessary that they should be fully 
 and truly stated and substantially proved and admitted." 
 The preamble may sometimes be postponed for special 
 reasons, until after the consideration of certain details of 
 a bill, but this course is inexpedient and is very rarely 
 followed.^ Any petitions against the bill are then read 
 by the clerk, and an understanding arrived at with res- 
 pect to the course of procedure. The promoters or their 
 agents will first address the committee on the preamble ; 
 and then (if required) proceed to call witnesses, and exa- 
 mine them. At the conclusion of the evidence, when the 
 counsel or agent for any petitioner rises to cross-examine a 
 witness or to address any observations to the committee, 
 this is the proper time for taking objections to the locus 
 standi of such petitioner. Petitioners are said to have no 
 locus standi before a committee, when their property or in- 
 
 1 Grand Trunk arrangements act, 1867-8, App. No. 3 ; Eoyal Canadian 
 Bank, 1869, App. No. 8. 
 
 " The reasons upon which a public statute is passed are not generally of 
 such a nature that they can be defined with perfect precision, or enumer- 
 ated in full, hence there may be reasons for the passing of a public act, 
 which are not given in the preamble. Gushing, ? 2100. 
 
 » Todd, Private Bill Practice, 76. 
 
IN COMMITTEE. 135 
 
 terests are not directly and specially affected by the bill, 
 or when, for other reasons, they are not entitled to oppose 
 it/ For instance, it is provided by a standing order of the 
 English Commons : 
 
 " Where a bill is promoted by an incorporated company, share- 
 holders of such company shall not be heard against such bill, 
 unless their interests, as affected thereby, shall be distinct from 
 the general interests of such company." ^ 
 
 Preference shareholders are excepted from this rule, 
 when it is shown that they have a special interest in the 
 bill.' In the Lords a different rule has prevailed and 
 shareholders who have dissented from the bill at the 
 meeting called in pursuance of certain orders of that 
 House, are expressly permitted to be heard, and have even 
 been heard without such dissent.* 
 
 The English authorities give very full details of the 
 various proceedings before committees on opposed private 
 bills. The reports of the committees of the Canadian 
 legislatures, on the other hand, have always been very 
 meagre, and it is impossible to make up any satisfactory 
 summary of their procedure from the records of the two 
 Houses. The following summary, chiefly taken from Sir 
 Erskine May's exhaustive treatise, will probably be suf- 
 ficient for general purposes : ^ 
 
 " When a petitioner has established bis locus standi to the satis- 
 faction of the committee, he may proceed to address them either 
 by himself or by counsel. Or he may reserve his speech until 
 after the evidence. Witnesses may be called and examined 
 in support of the petitions ; cross-examined by the counsel 
 for the bill, and re-examined by the counsel for the peti- 
 tioners ; but counsel can only be heard, and witnesses examined 
 on behalf of petitioners, in relation to matters referred to 
 
 ' May, 820. 
 
 2 Com. S. 0. 131. ' May, 837. 
 
 * May, 837, 881 ; Lords' S. 0., S"os. 62-66. 
 
 5 859 et seq. 
 
736 PRIVATE BILLS. 
 
 in their petitions. As a general rule, each witness is to be 
 examined or cross-examined by the same counsel. Commit- 
 tees have also resolved that no counsel should be permitted 
 to cross-examine witnesses who had not been present dur- 
 ing the examination-in-chief, nor to re-examine them unless he 
 had been present during the examination-in-chief, nor to re- 
 examine them unless he had been present during the entire cross- 
 examination. When the evidence against the preamble is con- 
 cluded, the case of the petitioners is closed, unless an opening 
 speech should have been waived ; and the senior counsel for the 
 bill replies on the whole case. If the petitioners do not examine 
 witnesses, the counsel for the bill has no right to a reply ; but in 
 some special cases where new matters have been introduced by 
 the opposing counsel (as for example, acts of parliament, pre- 
 cedents, or documents not previously noticed) a reply strictly con- 
 fined to such matters has been permitted. When the arguments 
 and evidence upon the preamble have been heard, the room is 
 cleared, and a question is put : " That the preamble has been 
 proved," which is resolved in the affirmative or the negative, as 
 the case maybe. If the committee decide the foregoing question 
 in the affirmative, the parties are called in, and made acquainted 
 with the decision, and the clauses are then taken up one by one, 
 and dealt with just as in the case of committees of the whole on 
 public bills.^ If petitions have been presented against a clause, the 
 parties will be heard for and against. Tolls and rates are now in- 
 serted regularly in the bill — the same being indicated by italics 
 as previously stated." - 
 
 When any amendments are made in a bill, or clauses 
 added, they must be signed on the margin with the initials 
 of the chairman's name in accordance -with the following 
 rule : 
 
 " The chairman of the committee shall sign with his name at 
 length, a printed copy of the bill, on which the amendments are 
 fairly written and shall also sign with the initials of his name, 
 
 1 Grand Trunk Arrangements Act (1867-8), App. No. 3. 
 
 ^ No previous resolution passed in a committee of the whole as to rates, 
 tolls, or penalties, is now necessary under modern practice ; Todd's Private 
 Bill Practice, 88-9. Supra, 587, 598. 
 
IN COMMITTEE. ^B1 
 
 the several amendments made and clauses added in committee ; 
 and another copy of the bill, with the amendments written there- 
 on, shall be prepared by the clerk of the committee, and filed in 
 the private bill office or attached to the report." (Sen. E. 69, 
 Com. E. 66.) 
 
 If the committee decide that the preamble has not been 
 proven, no further proceedings will be had in the com- 
 mittee on the bill, bnt the fact must be reported to the 
 House in conformity with the following rule : 
 
 " When the committee on any private bill report to the House 
 that the preamble of such bill has not been proved to their satis- 
 faction, they must also state the grounds upon which they have 
 arrived at such a decision ; ^ and no bill so reported upon shall be 
 placed on the orders of the day, unless by special order of the 
 House." (Sen.E. 68, Com. E. 65.) 
 
 The committees on private bills have reported against 
 bills on various grounds, as follows : 
 
 Because no sufficient evidence was offered in favour of the pre- 
 amble.^ Insufficient information or antagonistic evidence.^ No 
 proof of the consent of the parties interested.* That the peti- 
 tioners against the measure are as numerous as those in its 
 favour or more numerous.^ That there is great difference of 
 opinion in the locality affected, as to the expediency of the mea- 
 sure." That legislative interference is not desirable or neces- 
 sary.' That it would interfere with law suits pending,'* or with 
 existing rights.' That the powers sought for would not advance 
 
 •■ Can. Hans. (1880), 1685, (Mr. Blake) ; Sen. J. (1880-81), 211 ; Hans. 
 621. Can. Com. J. (1885), 244, 258. 
 
 ' Gatien estate, 1857 ; La Banque Jacques Cartier (1878), 99. 
 
 ^ Onslow survey, 1862. 
 
 * Lennox and Addington separation, 1860 ; Eussell estate, 1865. 
 
 5 StanlDridge division, 1866 ; Berlin town limits, 1865. 
 
 « Clifton division, 1866. 
 
 ' Quebec stevedores' incorporation, 1861 ; Montreal licensed victuallers, 
 1865 ; Thunder Bay & Minnesota R. R. Co., 1882 ; St. Lawrence Bridge 
 and Manufacturing Co., 1883. 
 
 8 Peterborough & Port Hope E. R., 1862. 
 
 ' Etchemin bridge, 1862 ; Clifton suspension bridge, 1858. 
 41 
 
•738 PRIVATE BILLS. 
 
 the interests of the locality^ That the bill asked for an extension 
 of the powers of a certain company to purposes entirely foreign 
 to its original charter.' That it contained most unusual pro- 
 visions.^ That it was in the power of the executive government 
 to carry into effect the objects contemplated by the bill ; ^ or in 
 the power of the coui't of chancery to do so.^ That the informa- 
 tion was insufficient as to the possible effect upon the navigation 
 of a navigable stream and upon private rights." Because it was 
 necessary to give certain bondholders abundant opportunity of 
 considering the effect on their securities of the provisions of a 
 bill.'' Because the provisions of a general act afforded sufficient 
 facilities to the promoters to obtain the powers asked for, and 
 consequently a special act of incorporation was unnecessary 
 without special reason.^ Because a bill was inconsistent with the 
 provisions of an act respecting the Canadian Pacific Eailway and 
 the contract thereby made and ratified.' Because a bill embodied 
 the objectionable principle known as assessment endowment 
 assurance, and also sought to avoid inspection by the insurance 
 department.^" 
 
 A committee will som.etimes make clianges in the pre- 
 amble, and in such a case they must also report the fact 
 to the House in conformity with the rule as follows : 
 
 " The committee to which a private bill is referred, shall report 
 the same to the House in every case ; and when any material 
 alteration has been made in the preamble of the bill, such altera- 
 tion, and the reasons for the same, are to be stated in the 
 report." " (Sen. E. 61, Com. E. 64.) 
 
 ^ St. Lawrence and Bay Chaleurs land and lumber company, 1858. 
 
 ■^ St. Clair and Rondeau plank road company, ]857. 
 
 ' Eichelieu Co., 1862. 
 
 "* Bill to vest in certain persons a portion of Church Street, London, 
 1852-3. s Watson's Ayr mill dam, 1856. 
 
 ^ Cordwood on River St. Francis, (1877), 245. 
 
 ' Canada Southern R. E. Co., (1876), 231. 
 
 8 Can. Com. J, (1880-1), 215. " lb. (1885), 258, 317. See supra, 84, 85. 
 
 '» Order of Canadian Home Circles, July 6, 1891. 
 
 " Grand Trunk arrangements (1867-8), App. No. 3 ; Labrador Co. (1873), 
 252; American Electric Light Co. (1882), 165; Williams Manufacturing 
 Co. (1882), 257; Wesleyan Methodist Society (1883), 176; Banque du 
 Peuple, (1885), 234. 
 
AMENDMENTS IN COMMITTEE. 139 
 
 The committee may sometimes propose such alterations 
 in a bill that the promoters will abandon it rather than 
 accept the new provisions. For instance, in the case of 
 the Canadian Mutual Life Insurance, in 1868, the commit- 
 tee were unwilling to recommend its passage — the prin- 
 ciple of mutual life insurance being then new to the 
 country — unless the promoters were prepared to provide 
 a guarantee capital with not less than $50,000 paid up — 
 a provision which was not accepted by the parties in- 
 terested.' 
 
 By a rule of the two Houses, 
 
 " It is the duty of the select committee to which any private 
 bill may be referred by the House to call the attention of the 
 House specially to any provision inserted in any such bill that 
 does not appear to have been contemplated in the notice for the 
 same,'' as reported upon by the committee' on standing orders.'' 
 (Sen. E. QQ, Com. E. 63.) 
 
 In case the committee do not so report, and a member 
 is of opinion that certain provisions of a bill are not con- 
 templated in the notice for the same, he may raise a point 
 of order, and it will be for the speaker to decide. In the 
 case of a bill to amend the acts incorporating the G-reat 
 "Western Eailway Company, it was decided that the bill 
 should be referred to the committee on standing orders to 
 report as to the matter in doubt. That committee subse- 
 quently reported favourably on the bill.^ In such a case 
 it is the more regular course to discharge the order for 
 consideration in committee of the whole, and then refer 
 the bill to the committee on standing orders. 
 
 The committee on a bill have no authority to make any 
 amendments therein which may involve an infraction of 
 the standing orders, or which may effect the interests of 
 the parties interested, without due notice having been 
 
 1 Can. Com. J. (1867-8), 345. 
 
 ^ Ih. (1887), 245. 
 
 ' lb. (1870), 116, IM. 
 
140 PRIVATE BILLS. 
 
 given to the same.^ The committee have sometimes, with 
 the consent of the parties, made very material alterations 
 in a bill, and in all such cases they will report the fact to 
 the House. For instance, in 1868, the committee on mis- 
 cellaneous private bills had under consideration a bill to 
 authorize the Niagara Falls G-as Company to extend its 
 works for the purpose of lighting the town of Clifton ; and 
 when they found that the company was composed of 
 Americans and could not be re-incorporated in Canada, 
 they so amended the bill as to accomplish the object aimed 
 at through the instrumentality of a Canadian Company. 
 
 The committee have also frequently struck out certain 
 provisions which have been contained in a public bill 
 before the House, so as to leave certain societies, applying 
 for private bills, to the operation of the said bill should it 
 become law.^ In other cases, when the committee have 
 considered an amendment of the general law preferable to 
 the passage of certain private bills, they have occasionally 
 made a special report to that effect, and postponed the 
 consideration of the bills to which it had reference to 
 enable the House to take action in the matter ; * or they 
 have expunged certain provisions, and recommended an 
 amendment of the general law in these respects.^ 
 
 It should be always remembered that the amendments 
 made to a private bill by a committee ought not to be so 
 extensive as to constitute a different bill from that which 
 has been read a second time. A committee in the English 
 Commons may not admit clauses or amendments "which 
 are not within the order of leave, or which are not 
 authorized by a previous compliance with the standing 
 orders applicable to them, unless the parties have received 
 
 1 May, 861, 862 ; Todd's Private Bills, 91. 
 
 ' Can. Com. J. (1867-8), 212. The committee on standing orders had 
 previously recommended a suspension of the rule respecting notices, p. 177. 
 ' Building and savings societies (1874), 307, 335. 
 * Mining companies bills, 1854-5 ; Joliette incorporation, 1863. 
 ^ De Lery gold mining company, 1865 ; Quebec corporation, 1865. 
 
IN COMMITTEE. •741 
 
 permission from the House to introduce certain provisions 
 in accordance with petitions for additional provision. If 
 the committee are of opinion that such provisions should 
 be inserted, the further consideration of the bill will be 
 postponed, in order to give the parties time to petition the 
 House for additional provision. When a bill comes from 
 a committee with extensive amendments affecting private 
 rights and interests, it is the practice now in the English 
 House to refer the bill as amended to the examiner to 
 inquire whether the amendments involve any infraction 
 of the standing orders. If he reports there is no infraction, 
 the bill proceeds without interruption ; but if he reports 
 there has been an infraction, then his report together 
 with the bill goes to the standing orders committee.' It 
 will be seen from a Canadian precedent on a previous 
 page that an analogous practice has obtained in the House, 
 and in the absence of an examiner a bill has been referred 
 at once to the standing orders committee.^ 
 
 In the session of 1883, some important amendments 
 made by the Senate to the Credit Valley Railway bill were 
 referred on its return, in accordance with the rule govern- 
 ing such cases,' to the committee on railways, who very 
 properly made a report, calling attention to the fact that 
 " no mention of the new provisions was contained in the 
 notice, or in the petition for the said bill." The House, 
 however, agreed to the amendments, though a motion 
 was proposed to disagree to them for the reasons, among 
 others, that no notice had been given of any intention to 
 apply to parliament for the legislation contained in the 
 amendments, and that in the absence of petition and 
 notice, it was not expedient to sanction such legislation.* 
 Under English practice such important amendments 
 
 ' May, 871 ; 103 E. Com. J. 446, 481, 485 ; 108 lb. 557 ; 230 E. Hana. (3) 
 1679-80. 
 ' Supra, 739. ' Infra, 777. 
 
 * Can. Com. J. (1883), 317, 325 ; Sen. J. 187. 
 
742 PRIVATE BILLS. 
 
 would have been submitted to the scrutiny of the exami- 
 ners and standing orders committee, and only allowed to 
 pass on their favourable report. There can be no doubt 
 that this practice is in the interest of safe legislation. 
 
 In case it is deemed inexpedient to proceed with a bill, 
 a motion may be made to that effect on the question for 
 adopting the preamble, and if it should be so decided, the 
 committee will report accordingly.^ Sometimes a com- 
 mittee, in cases of doubt, have asked instructions from the 
 House as to the course they should take with reference to 
 the bill before them.^ "When the committee have found it 
 advisable to alter the title of the bill they will report the 
 fact to the House ; ^ and it will be amended on the motion 
 for the final passage.^ It will frequently be necessary for 
 the committee to order that the bill be reprinted, as 
 amended, and this is done at the expense of the promoters.' 
 If a committee find that a bill should more properly, or 
 would more conveniently be considered by another com- 
 mittee, they will make a recommendation to that effect, 
 and it will be so referred.* If the committee are of opinion 
 that the bill falls under that class which requires the con- 
 sent of the governor-general before it becomes law, they 
 will report the fact to the House ; and the consent will be 
 signified by a privy councillor at a future stage of the 
 proceedings.' 
 
 In the session of 1883,^ the House of Commons passed 
 the following resolution, and made it a standing order, 
 with the view of facilitating the work of the committees on 
 
 ' Detroit River BridgeTand Tunnel Co., 1869, App. No. 4. 
 
 2 Civil Service Building Society, (1867-8), 60. 
 
 « Can. Com. J. (1874), 240,1262; Ih. (1883), 172, 214; lb. (1885), 244. 
 
 * Infra', 749. 
 
 * Can. Com. J. (1877), 136. The bills are invariably reprinted in the 
 Imperial Parliament before consideration by the House. 
 
 " Can. Com. J. (1875), 246, 247. 
 
 ' Northern E. B. (1871), 135, 160; supra, 541. 
 
 * Res. of 20th April ; Hans. p. 741, (Sir H. Langevin.) 
 
REPORTS. 743 
 
 private bills, and preventing, as far as possible, any depar- 
 ture, without tbe knowledge of the committees, from the 
 principles of the general acts which may apply to acts of 
 incorporation : 
 
 " All private bills for acts of in corporation shall be so framed 
 as to incorporate by reference the clauses of the general acts 
 relating to the details to be provided for by such bills ; — special 
 grounds shall be established for any proposed departure from this 
 principle, or for the introduction of other provisions as to such 
 details, and a note shall be appended to the bill indicating the 
 provisions thereof, in which the general act is proposed to be 
 departed from ; — bills which are not framed in accordance with 
 this rule, shall be re-cast by the promoters, and reprinted at their 
 expense, before any committee passes upon the clauses." 
 
 The proceedings of the committees on private bills 
 should be entered regularly by the clerk in a book kept 
 for that purpose. As a rule, the evidence and proceedings 
 are not reported in full to the House ; but the committee 
 confine themselves to the giving of the result of their de- 
 liberations. In important cases, however, they have re- 
 ported their proceedings in eztenso, and then it is the 
 regular course for the committee to agree to a formal 
 motion that they be so reported.' 
 
 A select committee may consolidate two bills into one 
 or divide a bill into two, but only on receiving instruc- 
 tions to that effect from the House.^ 
 
 IX. Eeports of Committees.— By the rule previously cited ' 
 the committee to which a bill may have been referred, 
 " shall report the same to the House in every case " ; and 
 when parties have decided not to go on with their bill, 
 the fact is reported and an order is made in the House 
 
 ^ First report of railway committee (1867-8) App. No. 3 ; banking and 
 commerce (1869), App. No. 8 ; railways (1869), App. No. 4. 
 
 2 May, 862. Can. Com. J. (1888), 136. Supra, 614. 
 
 3 Supra, 738. 
 
Y44 PRIVATE BILLS. 
 
 for its withdrawal.^ In case the committee do not 
 report with reference to a bill, the House should take 
 cognizance of the matter. "It is the duty of every 
 committee to report to the House the bill that has been 
 committed to them," says the best English authority,^ 
 " and not by long adjournments, or by an informal discon- 
 tinuance of their sittings to withhold from the House the 
 result of their proceedings. If any attempt of this nature 
 be made to defeat a bill, the House will interfere to prevent 
 it." Sometimes, under such circumstances, a committee 
 will be " ordered to meet" on a certain day, " to proceed 
 with the bill." ^ When a committee cannot meet for want 
 of a quorum, the attention of the House may be called to 
 the fact, and its interposition invoked. In such a case, the 
 House will order : That the committee be revived and 
 that leave be given to sit and proceed on a certain day. * 
 Or the House may order : That the committee have leave 
 to sit and proceed with two or more members, in case 
 there is no likelihood of a quorum.' In the legislative 
 assembly of Canada. 1863, a member complained to the 
 House that one of the standing committees had not met 
 for some time, and would not assemble for several days to 
 come, and requested that the House would order the com- 
 mittee to meet. The speaker said with respect to this point 
 that " the House could instruct the committee to meet, and 
 it was not necessary that the member who desired the 
 meeting should give notice of amotion ; " and the subject 
 then dropped." In the session of the House of Commons 
 
 1 Can. Com. J. (1877), 169, &c. ; lb. (1883), 205, 215. lb. (1890) 199, 208, 
 269. Sen. J. (1889) 134, 135. Lords' J. (1887) 103, 109. 104 R Com. J. 
 501 ; 131 lb. 372. After the preamble of a bill has been proved, the pro- 
 moters have abandoned the bill, rather than consent to the introduction 
 of a clause insisted'upon by the committee. May, 869. 
 
 •' May, 869. 
 
 ''SOE. Com. J. 474; 91 i6. 195. 
 
 * 105 lb. 201. 
 
 ^ 128 lb. 133. « Speak. D. p. 70. 
 
COMMITTEE OF THE WHOLE. *745 
 
 of IS'Tt, a bill respecting the Albert Railway Company- 
 came up from the Senate with amendments and was 
 referred to the committee on railways in accordance with 
 the rules in such cases.^ As it was then near the end of 
 the session, there was a diificulty in obtaining a quorum 
 of the committee, and the bill was not reported. The 
 member in charge of the bill moved that the order of 
 reference be discharged, and that the amendments made 
 by the Senate to the bill be considered. The speaker 
 decided that no notice was required of such a motion ; 
 and the bill was then taken up, and its further considera- 
 tion deferred for three months — several members having 
 strong objections to its passage.^ Bills have also been 
 referred back for reconsideration.^ 
 
 Towards the end of the session, or in case of the pro- 
 ceedings of the House being interrupted by adjournments 
 over holidays, the time for receiving reports on private 
 bills is frequently extended on motion ; but the more 
 regular course is for a committee to make a formal recom- 
 mendation in the first place.^ The time is, as a rule, 
 practically extended to the end of the session ; ^ for the 
 House will give every opportunity to their committees 
 to consider fully the details of bills submitted to them. 
 The object of the rules with reference to the presentation 
 of petitions and bills is to force outside parties to apply 
 for legislation at the earliest possible time after the 
 assembling of parliament. 
 
 X. Committee of the Whole —In the Senate, private bills 
 are not considered in committee of the whole — their prac- 
 tice in this respect being similar to that of the English 
 Houses — but when a select committee reports a bill with 
 
 1 Infra, 777. 
 
 ^ Can. Com. J. (1877), 343, 350; Can. Hans. April 27, 1877. 
 
 ■' Can. Com. J. (18S0), 252, 265 ; lb. (1887), 150; lb. (1888), 209, 210. 
 
 ' lb. (1877), 38, 42, 44, 198, 237 ; Sen. J. (1882), 144. 
 
 » Can. Cora. J. (1879), 155 ; lb. (1883), 214, 235, 249, 2S2. 
 
V46 PRIVATE BILLS. 
 
 amendments, these are considered as if they came from 
 committee of the whole, and when they have been agreed 
 to the bill is appointed for a third reading.^ On considera- 
 tion of a bill as amended, it may be further amended as 
 in case of a bill reported from committee of the whole.^ 
 "When a bill is reported without amendment, it is usually 
 read a third time and passed forthwith.^ 
 
 When a bill is reported to the House of Commons, with 
 or without amendments, it is ordered by rule 65 to be 
 " placed upon the orders of the day following the recep- 
 tion of the report, for consideration in committee of the 
 whole, in its proper order, next after bills referred to a 
 committee of the whole." * Towards the end of the ses- 
 sion, it is not unusual to place bills reported from select 
 committees immediately on the orders of the same day, 
 but this can be done only by general assent.^ 
 
 "Whenever acommittee reports unfavourably on the pre- 
 amble of a bill, it has no place on the order paper in either 
 house.^ Of course it is always open to the House to refer 
 a bill back to a committee for further consideration, 
 especially if the reasons given for not proceeding with it 
 appear insufiicient to the House/ Or the House may give 
 instructions to the committee to strike out certain provi- 
 sions and report the same as amended.^ 
 
 1 Sen. J. (1878), 213-14; lb. (1883), 210, 222, &c. When the report of 
 the committee has been received, it is moved and agreed that the amend- 
 ments be taken into consideration, generally on another day. 
 
 2 lb. (1876), 190, 193, 197 ; lb. (1877), 141. ' lb. (1883), 140, 145, 179, &c. 
 * Can. Com. J. (1877), 188 ; Ih. (1879), 344. The practice of the Senate 
 
 is different, as shown above. 
 
 5 lb. (1887), 289. « Supra, 737. 
 
 ' 91 E. Com. J. (S.W. Durham R. R.), 396 ; 116 Ih. (Midland & Denbigh 
 Junction R. R.), 285 ; 129 lb. (Midland & N. E. R. R.), 217, 225 ; Peter- 
 borough & Port Hope R. R., 1862, Can Leg. Ass. Can. Com. J. (1885), 
 244, 258. In this case the committee gave no reasons in their first report, 
 but subsequently on reconsideration they stated why the preamble was 
 not proven to their satisfaction. Attention was called to the error of the 
 committee on moving reconsideration. Hans., 713. 
 
 « Richelieu Co., 1862 ; 129 E. Com. J. (Bolton Le Sands, &c.),174. 
 
COMMITTEE OF THE WHOLE. 74*7 
 
 It has been decided in the English Commons : 
 
 " When a committee have resolved that the preamble of a pri- 
 vate bill has not been proved, and ordered the chairman to report, 
 it is not competent for them to reconsider and reverse their deci- 
 sion, but that the bill should be re-committed for that purpose." ' 
 
 But it will be only in a very exceptional case that the 
 House will depart from the general principle that guides 
 them in the consideration of private bills, and that is of in- 
 terfering as little as possible with the decision of a commit- 
 tee which has had abundant opportunity of considering 
 the whole question. 
 
 It is very rarely that the committee of the whole on a 
 private bill will interfere with the bill as it comes from 
 a select committee.^ The bill, as amended in a select 
 committee, is not reported from committee of the whole 
 with amendments ; that is only done when it is actually 
 amended in committee of the whole,^ or when the bill has 
 come from the Senate, as, in the latter case, it is necessary 
 to send the amendments for concurrence to the upper 
 chamber.* Such amendments must be read a second time 
 and concurred in, as in the case of public bills.^ But the 
 right of a committee of the whole to make any important 
 amendment is limited by the following rule : 
 
 " No important amendment may be proposed to any private 
 bill, in a committee of the whole House, or at the third reading of 
 the bill, unless one day's notice of the same shall have been 
 given.'"* (Sen. E. 70; Com. R. 67.) 
 
 It is the correct course, in all cases where it is necessary 
 to make material amendments, to refer the bill back to the 
 select committee, to which it had been previously sent, 
 
 1 May, 862-3; Shrewsbury & Welchpool E. R. bill, 1858. 
 
 ^ Todd's Private Bill P., 101-3. 
 
 ' Can. Com. J. (1877), Springhill & Parrsborough R. E., 122. 
 
 * lb. (1878), Fishwick's Express Co., 160. 
 
 = Supra, 623. 
 
 « V. & P. (1878), 160, 178 ; Sen. Deb. (1878), 460. 
 
'748 PRIVATE BILLS. 
 
 instead of considering the proposed changes in committee 
 of the whole .^ 
 
 In the chapter on public bills, the rules in committees 
 of the whole and on the third reading are fully explained, 
 and as these apply to private bills — except where there is 
 a standing order on any particular point, — it is not neces- 
 sary to recapitulate them here. But there is one point to 
 which reference may be made, and that is, in case it is 
 necessary to make certain provisions in a private bill 
 aflfecting the public revenues or expenditures, those provi- 
 sions must be first introduced in the shape of resolutions 
 with the consent of the government, and when these have 
 been passed in committee of the whole and agreed to by 
 the House, they must be referred to the committee of the 
 whole on the bill.^ 
 
 XI. Third Reading.— On the third reading in the Commons 
 no amendment may be made except of a verbal nature ; 
 and if it is wished to make any material change the bill 
 must be referred back to committee of the whole. Under 
 the rule previously cited, a day's notice must be given of 
 any important amendment at this stage.^ A bill may, 
 however, be amended in the Senate on the third reading 
 after notice.^ In accordance with English practice, the 
 consent of the governor-general may now be signified in 
 the case of a bill afiecting the interests of the crown ; but 
 in the Canadian Commons this consent is given most fre- 
 quently at the second reading.'^ The member in charge 
 of the bill will move : " That the bill be now read a third 
 
 1 Can. Com. J. (1877), 149, 178 (Springhill and Parrsborough, and Picker- 
 ing harbour bills), 
 
 '^ Leg. Ass. J. 1866 ; Com. J. 1867-8 ; Canada Vine Growers' Association. 
 In tliis case parliament extended the period mentioned in an act of the 
 old legislature of Canada, exempting the association from excise and 
 other duties. See supra, 694. 
 
 ' Supra, 747. 
 
 * Sen. J. (1882), 277 ; lb. (1883), 205. See supra, 626. 
 
 ^ Supra, 541. 
 
THIRB READING. '749 
 
 time " ; and when that motion has been agreed to, the 
 final motion will be made. " That the bill do pass, and that 
 the title be, etc." ; and now is the usual time to amend 
 the title.^ Sometimes on the motion for the third reading 
 a bill will be again referred to a select committee for the 
 purpose of further considering it.^ 
 
 It sometimes happens at the very end of the session 
 that there may be urgent necessity to pass a private bill 
 through all its stages, without reference to the usual com- 
 mittees, and in such a case the first motion must be to 
 suspend the rules — the House being only ready to ac- 
 quiesce when the circumstances are such as to justify 
 such a procedure, and there no time for consideration in 
 the proper standing committee.^ 
 
 1 Can. Com. J. (1876), 217. 
 
 2 Springhill & Parrsborough Co. ; Can. Hans. (1877), 813-4. The ground 
 was taken that the allegation made in this bill, that the work was for the 
 general advantage of Canada, was not strictly true. 
 
 ' P. E. Island Bank, Com. Jour. (1882), 66 ; Hans. 72. Ontario Bank, 
 1882, Votes and Proceedings, 573. Sen. J. (1883), 270 (Railway Trust and 
 Construction bill) ; Sen. Deb., 595. Also Can. Com. J. (1887), 269 ; lb. 
 (1888), 294. 
 
CHAPTER XXI. 
 
 PRIVATE BILLS.— Concluded. 
 
 1. Divorce Bills in the Senate. — II. Rules and Practice in the Senate — 
 Notice of Application — Service of Notice — Deposit of Bill and Fees — 
 Presentation of Petition — Statutory Declarations — Meeting of Com- 
 mittee — Examination of Notice, Petition, Bill, and other Papers — 
 Presentation and adoption of Committee's Report — Presentation of 
 Bill — Second Reading of Bill — Proceedings hefore Committee after 
 Second Reading — Report of the Committee — Third Reading of Bill. — 
 III. Divorce Bills in the House of Commons. — IV. Private Bills in the 
 Senate imposing rates and tolls. — V. Bills not based on Petitions. — VI. 
 Amendments made by either House. 
 
 I. Divorce Bills in the Senate.— The legislatures of tlie old 
 provinces of Canada from 1839 to ISBT, exercised the power 
 of legislating upon applications for divorces,' but all bills 
 were reserved for her Majesty's approval, in conformity 
 with the instructions issued to the several governors- 
 general.^ By the British North America Act of 186*7, the 
 subject of marriage and divorce is placed under the 
 exclusive jurisdiction of the parliament of Canada,' but, 
 while that body has, in the due exercise of its legal 
 authority, passed a number of bills nullifying marriage 
 in numerous cases, the law courts of several provinces 
 
 ' The first case in Canada was that of John Stuart, 1839. Only four 
 other applications were granted from 1840 to 1867. Harris, 1845 ; Beres- 
 ford, 1853; McLean, 1859; Benning, 1864. For the history of these cases 
 see the Treatise on Divorce by J. A. Gemmill, Esq., barrister, a work of 
 much value, to which frequent reference is made in the following pages. 
 
 ' Supra, 648. 
 
 ' Sec. 91, sub-s. 26. 
 
DIVORCE BILLS. 151 
 
 continue to exercise the power they possessed previous to 
 confederation, by virtue of provincial statutes, of affording 
 persons relief in matters of marriaj^e and divorce. These 
 provinces are Nova Scotia,^ New Brunswick,^ and Prince 
 Edward Island,' while in the case of British Columbia, 
 which entered the Union in ISll, the supreme court of 
 that province has held that it possesses all the jurisdiction 
 conferred on the court of divorce and matrimonial causes 
 in England.'' Accordingly, as the law now stands, the 
 parliament of Canada exercises its power to dissolve mar- 
 riage in the provinces of Quebec and Ontario, Manitoba 
 and the Northwest Territories. The provincial courts of 
 law and equity of Ontario, however, have jurisdiction to 
 deal with the validity of a marriage contract on the 
 ground of its being a civil contract, and incases of fraud, 
 mistake, duress and lunacy, and possibly, want of age, it 
 may be declared void.* The courts of the Northwest 
 Territories and of Manitoba, appear to have the same 
 powers in similar cases, though they have never been 
 exercised so far." In Quebec, while the civil code declares 
 marriage indissoluble, the courts may order a separation 
 of husband and wife — separation de corps — but such separa- 
 tion can be allowed only for adultery or ill-usage, or for 
 other specific causes, and not by the mutual consent 
 of the parties themselves. The courts have also juris- 
 diction to annul a marriage where there is no consent, 
 or the parties are within certain prohibited degrees, and 
 in other cases very limited, in a country where the Eoman 
 Catholic Church declares marriage a sacrament, and the 
 law merely gives civil effect to a religious ceremony 
 
 1 See B. N. A. Act, 1867, as. 129, 146. Appendix A to to Rev. Stat, of N. 
 S. 5th ser., c. 126, as amended by c. 13, 1866, and c. 22, 1870. 
 
 2 Cons. Stat, of N. B., c. 50. 
 
 = 5 Wm. IV. (1836), c. 10 ; 29 Vict., (P.E.I.) (1866), c. 11 ; Gemmill, 36, 37. 
 * lb. 37-39. 
 
 5 lb. 39. 
 
 6 lb. 42, 43. 
 
•752 PRIVATE BILLS. 
 
 validly celebrated by regularly ordained ministers autbor- 
 ized to keep marriage registers.^ 
 
 From 1867 to 1891 inclusive, the parliament of Canada 
 has exercised the powers assigned to it in express terms 
 by the fundamental law in thirty-six cases.^ In the exercise 
 of its legal powers, one branch of the general legislature, 
 the Senate, has generally ' acted on certain well defined 
 
 ' See Code Civil (de Bellefeuille's Ed.), arts, 115-127 ; 186 et seq. ; 1311 
 et seq. (Separation de Mens). 
 
 ^ The following is a list of the divorce bills passed from 1867 to 1888 
 inclusive, before the new rules (infra, 756) came into operation. The cases 
 since 1888, come under the new rules and are there cited by way of pre- 
 cedent : J. F. Whiteaves, 1867 ; J. H. Stevenson, 1869 ; J. R. Martin, 1873 ; 
 H. W. Peterson, 1875; Mary J. Bates, 1877; Walter Scott, 1877; M. 
 J. H. Holliwell, 1877 ; Hugh Hunter, 1878 ; Victoria E. Lyon, 1878 ; 
 G. F. Johnston, 1878 ; Eliza M. Campbell, 1879 ; John Graham, 1884 ; 
 Fairy E. J. Terry, 1885 ; A. E Davis, 1885 ; G. L. E. Hatzfield, 1885 ; Alice 
 E. Evans, 1885; G. B. Cox, 1885 ; Flora Birrell, 1886; Susan Ash, 1887; 
 W. A. Lavell, 1887 ; John Monteith, 1887 ; M. Louise Noel, 1887 ; Fanny 
 L. Riddell, 1887 ; A. M. Irving, 1888 ; Catherine Morrison, 1888 ; Eleonora 
 T. Hart, 1888. During the same period a number of applications were 
 rejected ; G. W. Jones, 1869, petition and preamble not proven ; J. E. 
 Martin, 1870, preamble not proven ; Ibid, in 1872, received three months 
 hoist in the Commons, but passed in the following year. R. Campbell, 
 1876, preamble not proven, and respondent eventually granted relief. 
 This case of relief though given in the list of divorces was strictly one 
 equivalent to a separation de corps, or a mensd et thoro. M. Gardner, 1882, 
 bill abandoned subsequent to a demand for further evidence ; P. Nichol- 
 son, 1883, preamble not proven; Charles Smith, 1885; collusion, conni. 
 vance, and consent reported ; Mary M. White, preamble not proven ; W. 
 H. Middleton's case in 1888, was postponed until 1889, when the peti- 
 tioner obtained his bill. 
 
 ' No one who refers to the famous Campbell case, from its beginning in 
 1876 to its close in 1879, but must come to the conclusion that the Senate, 
 primarily responsible for the form which the legislation eventually 
 assumed, departed from the sound principles on which it has generally 
 acted in matters of divorce. While no question need here be raised as to 
 the justice of the relief afforded to one party in the premises, the Senate 
 established a precedent doubtful in its character, and not likely to be 
 cited as authoritative in the future. Briefly stated, a Mr. Robert Camp- 
 bell made an application in 1876, for a bill of divorce from his wife on 
 the alleged ground of adultery. The wife met the charge by an adverse 
 petition on the ground of desertion and cruelty. Previously, however, 
 
DIVORCE BILLS. "753 
 
 principles. Applications for divorce have been based upon 
 a specific charge, and the facts necessary to support that 
 charge established by satisfactory evidence. Divorce has 
 been substantially recognized as a matter involving the 
 happiness and morality of society, and consequently to be 
 treated in the spirit of the judge and moralist. If errors 
 have occurred in the discharge of such onerous and deli- 
 cate functions, they are those inseparable from a legisla- 
 tive body not sufficiently controlled by legal rules and 
 judicial responsibility. As a principle, divorce has been 
 recognized as a moral and legal consequence of adultery 
 and such other causes, which, by the general sanction of 
 law, nullify marriage.^ The Senate has never admitted 
 that it should accept the decree of an American court as 
 effectually dissolving a marriage and binding the Cana- 
 dian parliament in its action upon a particular case be- 
 fore it. On the contrary, it has been laid down by emi- 
 nent authorities in that body, and parliament by its 
 action has admitted the truth of the doctrine,^ that as the 
 parliament of Canada has not yet recognized the power 
 of any coiirt to deal with the subject of divorce, there is 
 
 Mr. Campbell had recovered a verdict of $1,500 against one Gordon, in 
 the court of queen's bench, Ontario, while the wife was refused alimony 
 in the court of chancery in the same province- Much sympathy was 
 evoked for his wife, with the result that after a warm and perplexing 
 controversy for four sessions the husband was hterally " ruled out of 
 court " and the wife allowed a bill which gave her a legal separation {a 
 mensd et thoro), and maintenance for herself and children. It was strongly 
 contended that this action was an interference with the civil rights of the 
 provinces, but parliament, by the passage of the bill, practically decided 
 that it could deal with the matter as one of the incidents to its full juris- 
 diction over the subject of marriage and divorce. See, for history of this 
 vexed question, Sen. Deb. 1876, 1877, 1878, 1879 ; Com. Deb. 1877, 1879 : 
 Gemmill, 165-174. See also the Walker case, infra. 
 
 1 In the Walker case, 1890, there was a departure from the general 
 principle as a rule adhered to by the Senate. Here there was a marriage 
 between minors, without the consent of the parents, but the parties never 
 co-habited. See debate on this peculiar case, Sen. Deb. 403-18. The 
 House of Commons negatived the bill. 
 
 ' In the Ash case, 1887. 
 48 
 
"754 PRIVATE BILLS. 
 
 nothing binding in the argument which claims, by the 
 comity between nations, for a judgment by a foreign 
 court that kind of consideration and recognition by the 
 Senate which that judgment would have before an ordi- 
 nary tribunal upon a matter, the subject-matter of which 
 was common to both.^ The Senate has endeavoured, to a 
 considerable degree, to shape its action on that of the 
 House of Lords, but, at the same time, it has never bound 
 itself to accept the decisions of that body as authoritative 
 and conclusive. On the contrary, the Senate has exer- 
 cised its own judgment according to the circumstances 
 of each case. For instance, it has acknowledged the right 
 of the wife to equal relief with her husband, and has in 
 this respect laid down a principle only very recently re- 
 cognized in the imperial legislature. 
 
 The fact that the subject of divorce is now in England 
 under the jurisdiction of the courts, except in Indian and 
 Irish cases, no doubt assists the Senate in the exercise of 
 what is a quasi-judicial as. well as a legislative power. 
 But as a general principle, while paying every respect 
 to English precedent, the Senate must be largely gov- 
 erned by its own discretion, and will always grant relief 
 according to the exigency of each case.^ 
 
 The rules and practice of the legislative councils of the 
 
 1 Mr. Abbott (leader of tbe Senate) in the Ash case ; Deb. (1887), 224. 
 See also Mr. Scott's and Mr. Gowan's remarks, 172, 174, 211, 213. 
 
 ^ " In shaping action or legislation on a bill of divorce upon facts in 
 evidence before us, we naturally look to the House of Lords hoping for 
 light, and to see what others have done in similar cases to those in which 
 we are called upon to deliberate and act. But we have never bound 
 ourselves to accept their decisions as authoritative and conclusive. We 
 follow precedents, where they commend themselves to our judgment, and 
 we decline to follow them where they do not ; and rightly so, for the 
 decisions of the House of Lords on bills of divorce have not the weight 
 that attaches to the regular legal tribunals. The majority determines, 
 and in a minority on a vote may be found men of learning, wisdom and 
 experience, expressing opinions adverse to the determination, more in 
 accordance with the eternal principles of truth and justice." Senator 
 Gowan, Sen. Leb. (1888), 600. 
 
DIVORCE BILLS. 755 
 
 old provinces of Canada, and of the Senate of the Parlia- 
 ment of the Dominion have followed, as closely as the cir- 
 cumstancesjof the country would permit, the procedure of 
 the House of Lords in England. In all unprovided cases, 
 the rules and usages of that body have guided the Senate/ 
 Until 1888, however, the Canadian system of procedure 
 was exceedingly defective in essential respects. It provided 
 no sufficient checks against imposition or means for that 
 thorough examination into the facts of cases which should 
 be always subject to close judicial inquiry. The duty of 
 investigation was divided between the Senate itself and 
 a committee chosen to examine into the facts of each par- 
 ticular caseypractically by the senator in charge of the 
 same. FromJ^the giving of the notice to the report of the 
 committee on the bill there was laxity at every stage, and 
 an absence of that judicial spirit which should pervade 
 such important inquiries. In 1888, at the instance of a 
 learned senator who had had large experience in judicial 
 life,^ the Senate adopted a code of procedure, which gives 
 a more legal character to investigations of this class and 
 provides greater safeguards against careless or indiscreet 
 legislation in a matter so deeply involving the happiness 
 of society at large. The special feature of the new rules 
 is the formation, at the beginning of each session, of a 
 committee of nine members, to whom must be referred 
 all petitions, bills, and all other matters affecting all cases 
 of divorce, with a view of relieving the Senate itself of 
 functions which the old practice showed it could not 
 satisfactorily discharge, and in that way coming nearer to 
 that mature and thorough examination and deliberation 
 which a select committee can best discharge in the absence 
 of a judicial body governed by the strict rules of law.^ 
 
 1 See infra, 770. 
 
 ^ Senator Gowan, LL.D., who held the position of judge of the large 
 and populous district of Simcoe from 1843 until 1883. 
 3 See Sen. Deb. (1888) 55, 68-75, 112, 293-299, 300-306, 306-309. 
 
1&6 PRIVATE BILLS. 
 
 The first rule of the new code of rules provides as fol- 
 lows for the appointment of this committee/ whose func- 
 tions, as set forth by rules and usage, will be explained 
 hereinafter in their proper place : 
 
 A.' " At every session of parliament a committee of nine sena- 
 tors shall be appointed by the Senate to be called " The Select 
 Committee on Divorce," ^ to whom shall be referred all petitions- 
 and bills for divorce, and all matters arising out of such petitions 
 and bills, and no reference to any committee other than the 
 said committee shall be necessary with respect to such petitions, 
 bills and matters. 
 
 " The committee, unless it be otherwise ordered by the Senate, 
 shall meet on the nest sitting day after their appointment and 
 choose their chairman, and five of the senators on such commit- 
 tee shall constitute a quorum. 
 
 " All questions before the committee shall be decided by the 
 majority of voices, including the voice of the chairman who shall 
 have no casting vote." 
 
 Bules and Practice. 
 
 The nature and operation of the new system of proce- 
 dure can be best understood by following it through its 
 various stages, from the publication of the application 
 for a divorce until the bill itself has passed the Senate.*^ 
 
 ^ The committee was originally composed on the principle not only of 
 choosing men believed to be especially qualified for such inquiries into 
 law and fact, but also of giving every province a representation thereon. 
 But already it has been shown that it is not always practicable to adhere 
 to this novel idea of provincial representation in proceedings of a 
 quasi-judicial character. Case of Mr. Kaulback of Nova Scotia, appointed 
 in 1889, in place of Mr. Haythorne of Prince Edward Island, who declined 
 and consequently left his province unrepresented. Sen. Deb., 41-43. 
 
 ^ The new rules are distinguished by lettering (A. B. etc.) and the same 
 distinction is followed in this summary of procedure. 
 
 ' Sen. J. (1889), 27; lb. (1890), 14. 
 
 * The following is a list of the divorce cases in 1889, 1890 and 1891, under ■ 
 the new rules : In 1889, Bagwell, Lowry, Eosamond, Middleton, and 
 Wand ; in 1890, Clapp, Glover, Keefer, and Walker ; of these Bagwell, 
 Lowry, Middleton, Glover, Keefer and Wand obtained bills, and the 
 Eosamond case was withdrawn. The Senate rejected Clapp's applica- 
 
DIVORCE BILLS. 16*I 
 
 In doing this it will be necessary to take up the rules of 
 the Senate, not in their printed order, but rather with 
 regard to the regular course of proceeding in a divorce 
 case. 
 
 Notice of Application. 
 
 As in the case of all private bills, an applicant for 
 divorce must give notice of the proposed application to 
 parliament, in accordance with the following rule : 
 
 D. " Every aiDplicant for a bill of divorce shall give nofiice of 
 his or her intended application, and shall specify therein from, 
 whom and for what cause such divorce is sought, and shall cause 
 such notice to be published during six months before the pre- 
 sentation of his or her petition for the said bill in the Canada 
 Gazette and in two newspapers published in the district in Que- 
 bec, Manitoba, British Columbia or the Northwest Territories, or 
 in the county or union of counties in other provinces wherein 
 such applicant usually resided at the timo of the separation of 
 the parties ; but if the requisite number of papers cannot be 
 found therein, then in an adjoining disti-ict, or county, or union 
 of counties. Notices given in the provinces of Quebec and 
 Manitoba are to be published in one English and one French 
 newspaper, if there be such newspapers published in the district, 
 but otherwise shall be published in each newspaper in both lan- 
 guages. The notice may be in the subjoined form. If a notice 
 given for any session of parliament is not completed in time to 
 allow the petition to be dealt with during the session, the petition 
 may be presented and dealt with during the next ensuing session, 
 without any further publication of such notice." 
 
 The Senate has also provided a form for this notice,' 
 which should be as clear and comprehensive as possible, 
 since its object is to advise all parties concerned of the 
 nature and scope of the application. A notice once a 
 week in the Canada Gazette and also in the local news- 
 
 tion on the question of the adoption of the committee report, and Emily 
 Walker's bill was negatived in the Commons. In 1891, Russworm, Ellis, 
 Bristow & Tapley. 
 1 See App. N., Form A. 
 
V58 PRIVATE BILLS. 
 
 papers will be deemed sufficient, but these notices must 
 be identical and diflFer in no respect.' It is advisable that 
 copies of the newspapers containing the notices should 
 be forwarded by the solicitor or agent of the applicant 
 to the clerks of the two Houses, for the information of 
 the clerk of the committees by whom the notices are 
 considered under the rules. 
 
 Service of Notice. 
 
 The notice having been thus duly advertised, the next 
 proceeding is to give information, under the following 
 rule, to the person whose rights are affected by the pro- 
 posed application. The respondent should be served, 
 personally when practicable, with a copy of the notice ; 
 but if such personal service cannot be effected, the rules 
 provide for a legal declaration, as will be shown later. 
 
 E. " A copy of the said notice shall, not less than one month 
 before the date of the presentation of the petition, at the instance 
 of the applicant, be served personally on the person from whom 
 the divorce is sought, when that can be done. If the residence 
 of such person is not known, or personal service cannot be ef- 
 fected, then if, on the report of the committee, as hereinafter 
 provided for, it be shown to the satisfaction of the Senate that 
 all reasonable efforts have been made to effect personal service, 
 and, if unsuccessful, to bring such notice to the knowledge of 
 the person from whom the divorce is sought, what has been done, 
 may be deemed and taken as sufficient service." ^ 
 
 1 Gemmill, 84. 
 
 ' In 1882, two affidavits were presented ; one to show that the notice 
 had been served on the respondent a year before, on the occasion of the 
 first proposed application to parliament, which was not proceeded with. 
 Other attempts to serve the notice, prior to the second application in 
 1882, failed. These facts being set forth, the Senate agreed that all 
 reasonable efforts had been made to effect the service. Jour. 50-51 ; Deb. 
 30, 31. In Cox's case, 1885, the Senate accepted a declaration producing a 
 telegram from the respondent's attorney in California admitting that he 
 had received notice of the application. Jour. 55-7. In this case the Senate 
 was very particular in demanding a strict adherence to the rule requir- 
 
DIVORCE BILLS. 159 
 
 Deposit of Bill and Fees. 
 
 "We come now to consider the various steps necessary 
 to take in parliament after the rules with respect to notice 
 have been rigidly followed. Before presenting a petition, 
 a copy of the proposed bill of divorce must be deposited 
 in the Senate and certain fees paid, in conformity with 
 the following rule : 
 
 H. " The applicant shall deposit with the clerk of the Senate, 
 eight days before the opening of parliament, a copy in the Eng- 
 lish or French language of the proposed bill of divorce, and 
 therewith a sum sufleient to pay for ti-anslating and printing 
 600 copies thereof in English and 200 copies in French. The 
 translation shall be made by the translators of the Senate, and 
 the printing shall be done by the contractor. 
 
 "No petition for a bill of divorce shall be presented unless the 
 applicant has paid into the hands of the clerk of the Senate the 
 sum of two hundred dollars ($200), towards expenses which 
 may be incurred during the progress of the bill, and the said 
 sum shall be subject to the order of the Senate." ^ 
 
 ing notice. Sen. Deb. 49. The declarations in the Ash case, in 1887, 
 show the ineffectual attempts to find respondent and the services upon 
 his relatives. lb. 30 ; Gemmill 87. In the Tudor-Hart case, 1888, the pub- 
 lication in the Canada Oazetle, though complete in the end, was not 
 simultaneous with that in the local papers, but the queen's printer made a 
 declaration that the error had been on his part, and as the personal ser- 
 vice of the notice had been duly made on the respondent, the Senate con- 
 cluded that the publication was sufficient. Deb. 167 et seg. 
 
 ^ With respect to certificate of payment of fee, see infra, 761. In case 
 of the poverty of the respondent, a petition may be presented to the 
 House, praying that the applicant for divorce may be ordered to supply 
 the respondent with means to maintain a just defence. This petition 
 should be forthwith referred to the committee on the bill, and when they 
 have made the proper inquiry into the subject, tbey will report to the 
 House a recommendation, if necessary, that a certain sum be allowed 
 to the party seeking assistance. In 1883, the committee on the Nichol- 
 son divorce bill recommended — and the House agreed — that the hus- 
 band, who was the petitioner, should allow his wife, on her petition, a 
 certain sum as counsel's fee, and also pay so much for her daily expenses 
 of living at Ottawa. Sen, J. (1883), 95, 99, 105 ; Hans. 121-4. In 1882, 
 the committee in the Gardiner also ordered that the husband pay the 
 
VeO PRIVATE BILLS. 
 
 Presentation of Petition. 
 
 The three following rules are laid down with respect 
 to petitions of this class, and a form has been provided 
 for the guidance of applicants.^ The grounds for the 
 application should be clearly and succinctly set forth, in 
 accordance with the exact terms of the published notice, 
 and the preamble of the bill itself. The rules and usage 
 of the Senate with respect to petitions generally apply 
 also to these petitions, in cases where there is no specific 
 rule or order or practice made applicable to them.^ 
 
 P. "No petition of divorce shall be received after the first thirty 
 days of each session.'' 
 
 G. " The petition of an applicant for divorce must be fairly 
 written and must be signed by the petitioner,* and should briefly 
 set forth the marriage, when, where, and by whom the ceremony 
 was performed, the grounds on which relief is asked, and the 
 nature of the relief prayed, and should also negative condonation, 
 collusion and connivance. The allegations of the petition must 
 be verified by declaration of the petitioner under the ' act res- 
 pecting extra-judicial oaths.' " 
 
 I. " The petition, when presented, shall be accomf)anied by the 
 evidence of the publication of the notice as required by rule D., 
 and by declaration in evidence of the service of a copy thereof 
 
 counsel fees of respondent, on a petition having been presented and re- 
 ferred (o them. Sen. J. 96, ]32, 150, 154. This is in accordance with the 
 Lords' practice (Sen. Dickey, Hans., 18S2, p. 200; in cases of the poverty 
 of the parties. See case of Catherine Morrison, Sen. J. (1888), 73, 98- 
 Also Wliite cap©, Sen. Deb. (1888), 717 ; Jour. 209. In the Campbell case, 
 1876, Mrs. Campbell was allowed counsel fees and witnesses' expenses, to 
 be paid by l\Ir. Campbell, petitioner. See Gemmill, 168. In 1879 she 
 was allowed to proceed in formd pauperis. Jour. 86, 91. Fees have also 
 been remitted in the Commons on account of the inability of the pro- 
 moter of a divorce bill to pay them, 105 E. Com. J., 563. In the Eosa- 
 mond case, 1889, respondent was refused counsel fees as she was known 
 to have means of her own. 
 
 1 See App. N., form C. 
 
 ^ Supra, chap. viii. 
 
 '^ Time extended, June 1, 1891, on Committee's report. 
 
 * For rules governing generally signing of petitions, see supra, 320. A 
 solicitor or counsel cannot sign on behalf of petitioner. 
 
DIVORCE BILLS. '761 
 
 as provided by rule B., and by a copy of the proposed bill. The 
 petition, notice, and evidence of publication and service, the pro- 
 posed bill, and all papers connected therewith, shall thereupon 
 stand as referred, without special order to that effect, to ' the 
 select committee on divorce.' " 
 
 A senator must present a petition in his place, and 
 should be provided with all papers and information 
 necessary to facilitate the proceedings in the Senate. Not 
 only should he see that the rule is complied vrith as 
 above, but he should also present the clerk's certificate of 
 receipt of fee as prescribed by rule H., before submitting 
 the petition.^ One day must intervene between presenta- 
 tion and reading of a petition,^ which then goes as a 
 matter of course (without special reference) to the com- 
 mittee. 
 
 Statutory Declarations. 
 
 The following rule is laid down for declarations in 
 divorce suits : — 
 
 U. "Declarations allowed or required in proof may be made 
 under the act of the parliament of Canada entitled : An Act 
 respecting extra-judicial oaths, before any judge, justice of the peace, 
 public notaiy, or other functionary authorized by law to adminis- 
 ter an oath.^ 
 
 > Sen. J. (18P0), 21 ; lb. 1891, Maj- 4th. In 1889 there is no entry in the 
 journals of such certificate before presentation of petition. Before 1889, 
 and the adoption of the new practice, it was usual to enter the clerk's 
 certificate on the journals immediately after the presentation of the peti- 
 tion, lb. (1877), 36, 43 : lb. (1883), 38, &c. But the practice is variable. 
 76. 1891, June 4. 
 
 ' Sen. Deb. (1890), 33, 34; especially remarks of Mr. Miller, formerly 
 speaker, 35. Sen. J. (1890), 21, 22, 25. 
 
 ' Kev. Stat, of Can., c. 141. The schedule of the act makes provision for 
 
 the followmg declaration. "I do solemnly declare that 
 
 (here follows declaration of facts), and I make this solemn declaration 
 conscientiously believing the same to be true and in virtue of the ' act 
 respecting extra-judicial oaths.' " See a debate in the Senate of 1883, (Deb. 
 58-60), when attention was directed to the irregularity that had prevailed 
 for some time in accepting an affidavit sworn before a commissioner for 
 taking affidavits in the high court of justice of Ontario, as proof of the 
 
762 PRIVATE BILLS. 
 
 Meeting of Committee. 
 
 Here we may conveniently go back and cite the follow- 
 ing order regulating the meeting of the committee which 
 as already explained, is duly appointed at the commence- 
 ment of the session : — 
 
 B. " ITotice of the day, hour and place, of every sitting of the 
 said committee shall be given by affixing the same in the lobby 
 of the Senate not later than the afternoon of the day before the 
 time appointed for such sitting. 
 
 " One of the official reporters of the Senate, when notified by 
 the chairman, shall be in attendance at the sittings of the said 
 committee, and shall take down in shorthand, and afterwards 
 extend the evidence of witnesses examined before the committee, 
 and cause the same to be printed." ^ 
 
 Examination of Notice, Petition, Bill and other Papers. 
 
 The committee here commence to discharge an im- 
 portant part of their functions — the stage preliminary to 
 all subsequent proceedings . — 
 
 J. " It shall be the duty of the committee to examine the notice 
 of application to parliament, the petition, the proposed bill, the 
 evidence of publication and of the service of a copy of said 
 notice, and all other papers referred therewith, and if the said 
 notice, petition and proposed bill, are found regular and sufficient, 
 and due proof has been made of the publication and service of 
 the said notice, the committee shall report the same to the 
 Senate.'' 
 
 "If any proof is found by the committee to be defective the 
 petitioner may supplement the same by statutory declaration to 
 be laid before the committee. 
 
 service of notice on the person whose rights were aflfected by the proceed- 
 ings in the Senate. Such an affidavit was only evidence in a proceeding 
 before the high court. See Patterson J. A., Regina va. Monnk, Armour 
 on Titles, 1887, p. 95. 
 
 ' The reporters are sworn ; infra, 766. 
 
 2 Sen. J. (1889), 31, 32, 33, 34 ; lb. (1890), 29, 31, 32. 
 
DIVORCE BILLS. "7 6 3 
 
 " The committee may, if the circumstances of the case seem to 
 require it, recommend a particular mode of service of a copy of 
 the bill upon the party from whom the divorce- is sought, before 
 the second reading of the bill." ' 
 
 The committee must compare the notice, petition and 
 bill to see that they are thoroughly consistent with one 
 another, and also examine into the sufficiency of the 
 publication, on which rests the validity of all proceedings. 
 Every possible care must be taken to prove the personal 
 identity of the respondent, in case a question is raised in 
 the course of the proceedings. It will be seen that the 
 rules provide for supplementing any defective proof. In 
 case the committee find that the petition is irregular, on 
 the ground that it does not negative condonation, collusion 
 or connivance between the parties, they may recommend 
 that leave be granted to withdraw the petition and pre- 
 sent another.^ 
 
 Presentation and Adoption of Committee's Report — Presenta- 
 tion of Bill. 
 
 The report of the committee must be presented and 
 formally adopted by the Senate. Then the Senator in 
 charge of the formal proceedings in the House may intro- 
 duce the bill under the following rule : 
 
 K. " Upon the adoption of the report of the committee, the 
 bill may be introduced and read a first time." ^ 
 
 ' In the Middleton case, 1889, the committee recommended service of 
 bill and notice of its second reading on counsel of respondent as the cir- 
 umstances of the case seemed to require it, Jour. 31. In the Eosamond 
 case, 1889, for the same reason, service was to be effected on counsel in 
 Toronto and Ottawa. Jour. 32. In the Bagwell case, 1889, for the same 
 reason, the bill and notice were to be mailed by registered letter, post 
 paid, to respondent, in the state of Alabama, and service was to be effected 
 on the daughter of the petitioner at London, Ontario, who had been in 
 correspondence with the respondent. Jour. 33, 34. 
 
 ' Emily Walker case, 1890 ; Jour. 32, 40. The original deposit of the 
 fee is made applicable to the new petition in such a case. lb. 32. 
 
 3 Sen. J. (1889), 34, 35 ; lb. (1890), 29, 32. 
 
•764 PRIVATE BILLS. 
 
 As in all proceedings connected with divorce, care 
 must be taken to have the bill consistent in every par- 
 ticular vfith the notice and the petition. The bill, like 
 all other private bills, has a preamble, setting forth in 
 definite terms the facts and circumstances on which the 
 bill is based. Until 1891 it contained three clauses, the 
 first of which declared the marriage dissolved, and then- 
 ceforth null and void, the second left the petitioner free 
 to contract a new marriage thereafter, and the third le- 
 galized the rights of all issue of any second marriage. 
 But in 1891 the House of Commons struck out the third 
 clause from the four divorce bills that came from the 
 Senate on the ground that it was merely declaratory and 
 had no legal effect — the two previous clauses being suf- 
 ficient to maintain the offspring of any second marriage 
 in their legitimate rights. Other provisions of relief or 
 justice to the parties in the case may be added in a bill 
 according to the discretion of the Senate.^ 
 
 Second Reading of the Bill. 
 
 It is then the duty of the clerk of the committee to 
 fill up the notice of the second reading under the follow- 
 ing rule, to procure the signature thereto of the clerk of 
 the Senate, and to affix it to the door of that House. 
 But before the second reading can take place, it will be 
 necessary for the committee to enquire into and report on 
 the service of the aforesaid notice and a copy of a bill, so 
 that the respondent may have full information of all pro- 
 ceedings and be enabled to make such defence or answer 
 as he or she may deem expedient : 
 
 L. " The second reading of a bill of divorce shall not take 
 place till after fourteen days from the adoption of the report of 
 the committee, and a notice of the second reading shall be 
 affixed to the door of the Senate during that period. A copy of 
 
 1 See Gemmill, 96-98. 
 
DIVORCE BILLS. *765 
 
 such notice and of the bill shall, at the instance of the petitioner, 
 be served personally, if practicable, on the party from whom the 
 divorce is sought, or served in such other manner as may have 
 been prescribed on report of the committee, and proof of such 
 service shall be adduced before the committee, who shall report 
 thereon to the Senate.' Upon the adoption of the report of the 
 committee as to the sufficiency of such service, the bill may be 
 read a second time." 
 
 It will be seen that the Senate attach every importance 
 to the requirement that the service in this matter, as in 
 the case of the notice, be personal whenever legally prac- 
 ticable. It is advisable also that evidence be ready, in 
 case it is required, of the identity of the person served at 
 one and same time with the bill and notice. The com- 
 mittee generally report on the sufficiency of service a day 
 or two before the time fixed for the second reading. The 
 report must be adopted and the certificate of the clerk of 
 the Senate presented to show that the notice was duly 
 affixed to the door of the chamber for fourteen days.^ All 
 essential preliminaries of this kind having been duly 
 carried out, the bill may be formally read a second time 
 and referred, on motions duly made by the senator in 
 charge.^ 
 
 Proceedings before the Committee after Second Reading. 
 
 So far all proceedings have been preparatory to the 
 trial of the case. All parties immediately interested in 
 the matter having been duly notified of the application 
 and of the various stages so far in the proceeding, have 
 now to appear for the prosecution and defence, if there 
 be any, of the suit before the committee, to which the 
 Senate has delegated certain judicial functions absolutely 
 essential to the elimination of the true facts and the find- 
 
 1 Sen. J. (1889), 66 ; lb. (1890), 57. 
 
 2 lb. (1889), 76, 77, 78 ; lb. (1890), 61. 
 
 3 lb. (1889), 76, 77, 78 ; lb. (1890), 60, 61. 
 
166 PRIVATE BILLS. 
 
 ing of a sound and just judgment in the premises. Both 
 petitioner and respondent may be and are necessarily- 
 represented by counsel/ in what is at this stage a largely 
 legal proceeding. The petitioner can appear, if required, 
 to answer questions with respect to connivance or col- 
 lusion. The rules of evidence, followed as closely as 
 practicable, are those which are of general application 
 throughout the Dominion ; that is to say, the principles 
 of evidence that obtain in criminal trials.^ Orders are 
 given for the attendance of witnesses and the production 
 of papers shown to be necessary to the inquiry. Sum- 
 monses for this purpose are signed by the speaker of the 
 Senate and are served generally by a person duly author- 
 ized under the hand of the gentleman usher of the black 
 rod. The witnesses give their testimony under oath or 
 affirmation.^ The reporters are also sworn to take down 
 the evidence faithfully.* The necessary oaths may be 
 administered by any member of the committee.^ Witnesses 
 are entitled to fees for their time and expenses on the 
 basis of those allowed in courts of law, and fixed by the 
 chairman of the committee.^ In case a witness refuses 
 to obey the order of the committee, application must be 
 made in proper form to the Senate itself, which will take 
 the steps necessary in all such cases.'^ 
 
 ^ Who should appear robed as in any court of law. 
 
 ^ Remarks of Senator Gowan, Sen. Deb. (1888), 67. 
 
 ^ Eev. Stat, of Can., c. 11, s. 21. See supra, 528. 
 
 * The form of their oath is as follows : " You swear that you will truly 
 and faithfully take down aud transcribe the evidence to be given by the 
 witnesses, who shall be examined in this matter. So help you God." In 
 case of afiBrmation, " you solemnly, and sincerely, and truly affirm, &c." 
 — the last sentence in first form being omitted. See Gemmill, 126. 
 
 ^ Gemmill 129. In the Martin case, a witness residing at Barrie would 
 not give evidence until his expenses were paid and the committee sustain- 
 ed his demand. See Sen. Deb. (1879), 250, 278 ; remarks of Sir A. Campbell. 
 
 " Infra, 767. 
 
 ' See case of Martin ordered to be taken into custody in 1872 on report 
 of committee that he refused to be sworn, but he eluded the warrant of 
 the speaker. Sen. J. 96, 101, 130. See supra, 522, 523. 
 
DIVORCE BILLS. 161 
 
 With these prefatory remarks we can now refer to 
 the rules themselves, which provide very fully for pro- 
 cedure before the committee : 
 
 M. [in part.] " When the bill is read a second time, it shall be 
 referred to the select committee on divorce, who shall proceed 
 with all reasonable despatch to hear and to enquire into the 
 allegations set forth in the preamble of the bill and to take evi- 
 dence touching the same and the right of the petitioner to the 
 relief prayed. 
 
 0. " If adultery be proven, the party from whom the divorce 
 is sought may nevertheless be admitted to prove condonation, 
 collusion, connivance or adultery on the part of the petitioner. 
 
 " Condonation, collusion or connivance between the parties is 
 always a sufficient ground for rejecting a bill of divorce and shall 
 be enquired into by the committee. And should the committee 
 have reason to suspect collusion or connivance and deem it desir- 
 able that fuller enquiry should be made, the same shall be com- 
 municated to the minister of justice, that he may intervene and 
 oppose the bill should the interest of public justice, in his opinion, 
 call for such intervention. 
 
 P. " The applicant for divorce, as well as the party from whom 
 the divorce is sought, may be heard before the committee by 
 counsel learned in the law of the bar of any province of Canada. 
 
 Q. " The applicant for divorce, as well as the party from whom 
 the divorce is sought, and all other witnesses produced before the 
 committee, shall be examined upon oath or upon affirmation, in 
 cases where witnesses are allowed by the law of Canada to affirm ; 
 and the rules of evidence in force in Canada in respect of indict- 
 able offences shall, subject to the provisions in these rules, apply 
 to proceedings before the said committee, and shall be observed 
 in all questions of fact. 
 
 E. " Summonses for the attendance of witnesses and for the 
 production of papers and documents before the Senate or the select 
 committee on divorce shall be under the hand and seal of 
 the speaker of the Senate, and may be issued at any time 
 to the party applying for the same by the clerk of the Senate. 
 Such summonses shall be served, at the expense of the party 
 applying therefor, by the gentleman usher of the black rod or by 
 anyone authorized by him to make such service. The reasonable 
 
*768 PRIVATE BILLS. 
 
 expenses of making such service and the reasonable expenses of 
 every witness for attending in obedience to such summons shall 
 be taxed by the chairman of the committee. 
 
 S. " In case any witness upon whom such summons has been 
 served refuses to obey the same, such witness may by order of 
 the Senate be taken into custody of the gentleman usher of 
 the black rod, and shall not be liberated from such custody except 
 by order of the Senate and after payment of the expenses 
 incurred." 
 
 Report of the Committee. 
 
 The committee having come to a conclusion, their next 
 step is to report it to the Senate.^ The report is that of the 
 majority as in all cases of committees, but for divorce cases 
 the rules depart from the practice that governs generally 
 in English parliamentary law,^ and provides for a minority 
 report.^ The following rules apply to the report of the 
 committee and the evidence taken on the bill : 
 
 M. [in part.] " The committee after such hearing and enquiry 
 shall report thereon to the Senate, and such report shall be 
 accompanied by the testimony of the witnesses examined and by 
 all papers and Instruments put in evidence before the committee. 
 The minority may bring in a report stating the grounds upon 
 which they dissent from, the report of the committee. 
 
 " When any alteration in the preamble or otherwise in the bill 
 is recommended, such alteration and the reasons for the same 
 shall be stated in the report.* 
 
 " When the committee report that the preamble of the bill has 
 not been proved to their satisfaction, the report shall state the 
 grounds on which they have arrived at such a decision, and no 
 divorce bill so reported upon shall be placed on the orders of the 
 day, unless by special order of the Senate.^ 
 
 1 Sen. J. (1889), 86, 98, 113, 114, 134 ; lb. (1890), 73, 79, 180. 
 
 2 Supra, 513. 
 
 ' It was always in the power of a senator to place his " protest " on 
 record, see mpra, 454. 
 
 * Sen. J. (1889), 82, 86 ; lb. (1890), 180. 
 
 * This is the old rule [Sen. J. (1883), 164.], applicable to all private 
 bills. See supra, 737. 
 
DIVORCE BILLS. 169 
 
 N. " The chaii-man of the committee shall sign, with his name 
 at length, a printed copy of the bill, on which the amendments 
 recommended shall be fairly written, and shall also sign, with 
 the initials of his name, the several amendments made and clauses 
 added in committee ; and another copy of the bill with the amend- 
 ments written thereon shall be prepared by the clerk of the 
 committee and filed, or attached to the report. 
 
 C. " Evidence taken before the said committee shall be printed 
 apart from the minutes of proceedings of the Senate, and only in 
 sufficient numbers for the use of senators and members of the 
 House of Commons, that is to say, one copy for distribution to 
 each senator and member, and twenty-five copies to be kept by 
 the clerk of the Senate for purposes of record and reference." ^ 
 
 Third Reading of the Bill. 
 
 When the report has been received by the Senate, it is 
 ordered as a rule to be taken into consideration on a 
 future day — it being in accordance with correct usage in 
 all such cases that every proceeding should be cautiously 
 and deliberately taken .^ "When the order is reached, the 
 report is considered and adopted or rejected according to 
 the pleasure of the House, after a discussion of the facts 
 and circumstances of the case whenever necessary.^ The 
 report being adopted, the bill is not committed to a com- 
 mittee of the whole, but is ordered at once for a third 
 reading, and that being agreed to it is sent to the Com- 
 mons for their concurrence.* In all cases, whether the 
 report sets forth that the preamble is not proven, or that the 
 bill is not proceeded with, the report must be formally 
 
 ^ In 1885 newspaper reporters were not allowed admission to the com- 
 mittee meetings, and consequently no press reports of the evidence are 
 now given to the public. See Sen. Deb. 323. Gemmill, 82. 
 
 ^ Sen. J. (1889), 114 ; lb. (1890), 180. 
 
 ' lb. (1889), 105, 135, 140 ; lb. (1890), 107, 112. In 1890, the report was 
 negatived in the case of Clapp's application, as the evidence involved cer- 
 tain contradictions which decided a majority to give the respondent the 
 benefit of the doubt. Deb. 498-513 . 
 
 * Sen. J. (1889), 106, 132, 140 ; lb. (1890), 107, 112, 194. 
 49 
 
7*70 PRIVATE BILLS. 
 
 adopted/ In case a bill is not proceeded with, tke com- 
 mittee recommend that leave be granted for its with- 
 drawal and for the return of all exhibits.^ Fees are also 
 generally returned, less the actual expenses incurred, on 
 motion in the House, when a bill does not become law.^ 
 
 All rules of the Senate which " by reasonable intend- 
 ment " are applicable to proceedings in divorce, shall, 
 except in so far as they are altered or modified by the new 
 rules or are inconsistent with the same, continue to be 
 applicable to these proceedings.* 
 
 The rules also provide that in cases to which they do 
 not apply "the general principles upon which the im- 
 perial parliament proceeds in dissolving marriage and the 
 general principles of the Tules, usages, and forms of the 
 House of Lords in respect of bills for divorce may be 
 applied to divorce bills before the Senate and before the 
 select committee on divorce." ^ 
 
 III. Divorce Bills in the House of Commons.— The proceedings 
 in the Commons relative to such bills may now be briefly 
 explained. When a petition is read and received, it is 
 referred, like all other applications for private legislation, 
 to the committee on standing orders ; " but when no peti- 
 tion has been presented and reported on by the committee 
 on standing orders, the bill, when it comes up from the 
 Senate, should be referred, in conformity with rule 54, to 
 ■that committee/ 
 
 ^ Sen. J. (1883) 173 ; Ih. (1889), 135. As no further proceedings were 
 necessary in this case — the bill not being proceeded with by the applicant 
 — the report was adopted at once. ^ Ih. 135. 
 
 ' Ih. 204 ; lb. (1890), 235. It has been decided in the Senate that a 
 motion to refund feea is special, and notice may be required. Sen. Deb. 
 (1890), 646. 
 
 * Eule V. " lb. T. 
 
 6 Can. Com. J. (1875), 82, 83 ; lb. (1877), 54, 62 ; lb. (1878), 27, 35. 
 
 ' Infra, 773. Thii was not done in JVIartin's case in 1873. Can. Com. 
 J. 1891, July 9 (Mahala Ellis). In the Campbell case (1877) the commit- 
 tee reported the notice insufficient. Jour. 313. 
 
DIVORCE BILLS. '711 
 
 Divorce bills follow the practice usual in the case of all 
 other private bills in the Commons. Up to 186Y divorce 
 bills were referred after the second reading, in accordance 
 with the general standing orders. ' After 186*7 divorce 
 bills followed the practice which was adopted in that year 
 of referring private bills to committees after the first 
 reading.^ In IS'TS, it was ordered that all private bills 
 should be referred after the second reading ; but it was 
 not until IBtS that a divorce bill was brought up from 
 the Senate, and it was then inadvertently referred after 
 first reading.' In the session of IBYt two divorce bills 
 came up from the Senate, and the House followed the pre- 
 cedent in the Peterson case. On a subsequent day the 
 bills were reported from the committee, and then there 
 arose a question as to the future procedure. Under rule 
 65, reported bills should be referred to a committee of the 
 whole, but that could not be done (except by a special 
 motion) since the bills had not been read a second time. 
 The incorrectness of the procedure in the Peterson case 
 became obvious, and the House agreed that divorce bills 
 ought to follow the practice laid down for all private bills.* 
 Consequently all bills since then have been referred after 
 second reading to a standing committee. 
 
 Until the session of IBTT it was the practice to refer 
 these bills to a select committee in accordance with 
 English practice ; ° but it is now usual to refer them to 
 the standing committee on private bills.^ All the papers 
 
 1 Beresford, 1852-3 ; McLean, 1858 and 1859. 
 
 '' J. E. Martin, 1873. This reference was made before the adoption of 
 the rule in that session referring private bills after the second reading. 
 
 3 Can. Com. J. (1875), 215. 
 
 * Walter Scott and M. J. Bates relief bills, 1877 ; March 16, 19, 21, Can. 
 Hansard ; Com. Journals, 148, 159, 171 ; 144, 153, 160, 172. In consequence 
 of the mistake in the Peterson case, the journals of 1877 show very per- 
 plexing entries, but the above remarks will suffice to explain the way 
 these contradictory precedents occurred. 
 
 5 Eng. Com. S. 0. 189, 190, 191, 192. 
 
 " Can. Com. J. (1877), 171, 179; lb. (1878), 119, 120; lb. (1890), 823, 324. 
 
t T 2 PRIVA TE BILLS. 
 
 and evidence are referred with the bill to the committee.^ 
 It has not been usual for the committee to take additional 
 testimony in the case, but the practice has been to base 
 its report on the facts submitted to them by the Senate. 
 In case, however, the House is not satisfied with the 
 evidence on which the Senate has passed the bill, it is 
 always competent for the committee on private bills to 
 go into such further examination of the facts as may be 
 deemed desirable in the interests of justice and society.^ 
 
 "When the bill comes back from committee, it is referred 
 to the committee of the whole, and proceeded with like 
 all other private bills. It was the practice until 18*79 for 
 the governor- general to reserve such bills for the signifi- 
 cation of her Majesty's pleasure thereon, but this need not 
 now be done since the change in the royal instructions 
 with reference to bills. ^ 
 
 IV. Private bills in the Senate imposing Rates and Tolls.— Private 
 bills, which impose rates and tolls, may be introduced in 
 the Senate and accepted by the House of Commons, in 
 conformity with the standing order of the English House 
 to the efiect that it " will not insist on its privileges with 
 respect to any clauses in private bills sent down from the 
 House of Lords which refer to tolls and charges for ser- 
 vices performed, and which are not in the nature of a tax, 
 or which refer to rates assessed and levied by local 
 authorities for local purposes." ^ For instance, a bill 
 respecting the Kincardine harbour was sent up from the 
 Commons in IStY, but it transpired that the schedule of 
 tolls had not been added in th6 private bill committee of 
 the lower house. The schedule was thereupon quite 
 
 1 Can. Com. J. (1878), 120; lb. (1890), 323, 324. 
 
 ^ In the Lowry case, 1889, the Commons Committee re-examined the 
 witnesses, but without eliciting new facts. See Hans. 1160, 1264, 1265 ; 
 Jour. 253. 
 
 ' Supra, 648, 649. 
 
 * S.O. No. 226 , May, 587. Supra, 587. 
 
BILLS NOT BASED ON PETITIONS. TTS 
 
 regularly added in the Senate and agreed to by the 
 Commons.^ 
 
 V. Bills not based on Petitions— "When a private bill is 
 brought from the Commons it is at once read a iirst time 
 without amendment and debate, and ordered for a second 
 reading on a future day.^ If the member in charge of the 
 bill is absent, and no motion is consequently made for the 
 second reading, he must take the first opportunity he has 
 for placing it on the orders/ If no petition has been 
 presented to the Senate and reported upon by the com- 
 mittee on standing orders, it must go before the second 
 reading to that committee in accordance with the follow- 
 ing rule, common to both Houses : 
 
 56. " All private bills from the House of Commons (not being 
 based on a petition which has already been so reported on by the 
 committee) shall be first taken into consideration and reported 
 on by the said committee in like manner, after the first reading 
 of such bills, and before their consideration by any other stand- 
 ing committee." (Com. E. 54.) 
 
 In 1881 the Acadia Steamship Company bill was re- 
 ferred in the Senate under such circumstances to the 
 committee on standing orders, who recommended the 
 suspension of rule 51 on the ground that no private 
 rights would be interfered with, and the undertaking 
 would probably be a public benefit.* 
 
 In 1883 the Winnipeg and Hudson's Bay Railway and 
 Steamship Company Bill was so referred in the Senate, 
 and the committee reported in favour of the suspension 
 of the rule, because the necessity for legislation had only 
 
 ' Sen. Deb. (1877), 300- It was first suggested in the Senate to send the 
 bill back to the Commons, but the fact was overlooked that the latter 
 could not amend their own bill, but were limited to consequential amend- 
 ments. See also debate on the marine electric telegraph bill (1875), 422-3- 
 Also 35 Vict., c. 1, s. 5, Dom. Stat. 
 
 ^ Sen. J. (1880-1), 195, etc. ' Supra, 309.. 
 
 * Sen. J. (1880-1), 223, 227. 
 
•7*74 PRIVATE BILLS. 
 
 lately arisen and it wonld be competent for the commit- 
 tee to whom the bill would be referred to provide that 
 no injury to any party should arise therefrom.' 
 
 In such cases the proper practice is first to move the 
 suspension of the rule in accordance with the report, and, 
 when that is agreed to, to move the second reading of the 
 bill so that it may go on the orders. In the first men- 
 tioned case, however, the motion for the second reading 
 appears to have been made after the first reading and 
 before the bill was considered by the standing orders 
 committee. But it was not at all regular to order the 
 second reading before the committee reported whether or 
 not the rule with respect to notice should be suspended 
 and the bill proceeded with. The procedure in the Com- 
 mons, under the same rule, is to move the second reading 
 after the report, if favourable, of the standing orders com- 
 mittee.^ And in all the other cases that occurred in the 
 Senate in 1883, the same practice was followed. 
 
 In the case of a bill in 1883 to authorize the Grand 
 Trunk Railway Company to extend its traffic arrange- 
 ments with the North Shore Eailway Company, the com- 
 mittee on standing orders in the Senate reported adver- 
 sely, without giving any reason except that no notice had 
 been published in the Canada Gazette, or in any local 
 newspaper. Thereupon, notice was given of a motion to 
 suspend the rules (51, 56 and 5*7), so far as they related to 
 the bill ; and this motion having been agreed to, the bill 
 was placed on the orders for a second reading on a fol- 
 lowing day. This case shows that the motion for the 
 
 1 Sen. J. (1883), 181, 188. Also European, American and Asiatic Cable 
 Co., 232. 
 
 ^ Infra, 776. It will also be seen that in the Senate in 1883, — but not 
 in previous cases — a motion for the reference to the standing orders 
 committee was made after the first reading. The rule seems to provide 
 for a reference, as a matter of course, without a motion ; and it is under- 
 stood as imperative in the Commons. But it is immaterial, whether 
 the motion is made or not ; the bill must go to committee. 
 
BILLS NOT BASED ON PETITIONS. WS 
 
 second reading should properly follow the report of the 
 committee/ 
 
 In the case of the " act to incorporate the board of man- 
 agement of the church and manse building fund of the 
 Presbyterian Church in Canada, for Manitoba and the 
 Northwest," no petition was presented in 1883 in the 
 Senate, but no difficulty arose because the regular notices 
 required by the rules had been given.^ The committee's 
 report to this effect was adopted, and the bill was ordered 
 at once, by motion, for a second reading on a future day. 
 
 In 1884, the Hamilton and Northwestern Eailway 
 Company's bill came up from the Commons, and as there 
 was no petition presented in the upper chamber, it was 
 referred to the committee on standing orders who reported 
 favourably, but it was objected that they had not specially 
 reported a suspension of the fifty-seventh rule which sets 
 forth that " all private bills are introduced on petition." 
 The report was referred back for reconsideration, with 
 the result that the committee recommended a suspension, 
 of the fifty-seventh rule in this particular case. During 
 the discussion in the Senate on the subject, stress was 
 properly laid on the regularity and convenience of having 
 petitions presented in each House in every case of private 
 legislation.^ 
 
 As a rule, however, petitions for private bills are simul- 
 taneously presented and reported upon in both Houses ; 
 
 1 Sen. J. (1883), 208, 210, 221, etc. ; Min. of P., p. 359. Notice to suspend 
 the rules in pursuance of rule 18, supra, 263. For rule 51, see p. 709 ; rule 
 56, p. 773 ; rule 57, p. 721. 
 
 2 Sen. J. (1883), 145. 
 
 '' Sen. Deb. (1884), 405, 406, 472, 502 ; Jour. 215, 228, 242, 246. In this 
 case the journals incorrectly give the flfty-sixth rule as suspended; it 
 should be the fifty-seventh, as stated in the discussion on the report, 
 Hans. 405. See also case of Niagara Frontier Bridge Co., and of Winnipeg 
 and Hudson's ER. & SS. Ck).; Sen. J. (1884), 224, 247; 264, 266. See re- 
 marks of Mr. Dickey and Sir A. £lampbell as to presentation of petitions 
 in the Senate, Deb. (1884), 142. 
 
11Q PRIVATE BILLS. 
 
 and in this way the progress of a bill is facilitated. It is 
 only in exceptional cases like those just mentioned, that 
 a petition is presented in one House and not in the other. 
 Care should be taken to present petitions in each 
 House, as it is the convenient and regular course, only to 
 be deviated from for sufficient reasons. 
 
 "When any bill is brought down to the Commons from 
 the Senate, the member interested will move, " That it be 
 now read a first time," and this motion must be put with- 
 out amendment or debate, as in the case of any public 
 bill.' The bill must then be referred to the committee on 
 standing orders, if that committee has not previously re- 
 ported on a petition relative thereto, in accordance with 
 rule 54, which is exactly the same as rule 56 of the Senate, 
 cited on a previous page. If the standing orders commit- 
 tee report favourably,a motion would immediately be made 
 for the second reading on a future day, as the rules of the 
 Commons do not contain any provision for placing a bill 
 on the orders after such report.^ If the report is unfa- 
 vourable the member may move (after notice) to suspend 
 the standing orders relative thereto, and to have the bill 
 read a second time ; but in the only case of the kind that 
 has occurred since 1861, the House refused to interfere 
 with the decision of the committee.^ If there is a petition 
 favourably reported on by the standing orders committee 
 of the House of Commons, the bill can be immediately 
 ordered for a second reading after the first reading.* Yery 
 few cases occur of bills being presented without petitions 
 having been first reported upon. 
 
 VI, Amendments made by either Hous9.— When a bill is re- 
 turned from one House to the other with amendments, 
 
 1 Can. Com. J. (1883), 141. 
 
 2 lb. (1878), 98, 109 ; lb. 1891, July 7, 8 and 9. For cases in legislative 
 assembly, see Toronto Boys' Home, 1861 ; Huron College, 1863. 
 
 ' Ih. (1877), 313, 335. 
 
 * lb. (1877), 54, 62, 131-2 {Olobe Printing Co. bill), etc. 
 
AMENDMENTS MADE BY EITHER HOUSE. Tit 
 
 they are generally considered forthwith if they are merely 
 verbal and not important.' The course with respect to 
 amendments that are material is variable in the Senate ; 
 but ordinarily they are ordered to be taken into consider- 
 ation on a future day ; or immediately at the close of the 
 session. Eule 68 of the Commons and rule Tl of the 
 Senate, however, provide a different course in the case of 
 material amendments to a private bill : 
 
 " When any private bill is returned from the Senate [or House 
 of Commons] with amendments, the same not being merely verbal 
 or unimportant, such amendments are, previous to their second 
 reading, referred to the standing committee to which such bill 
 was originally referred,^ [or, by the Senate rule, to a committee 
 of the whole."] 3 
 
 If the committee report favourably, the amendments 
 will be immediately read a second time and agreed to, and 
 returned with the usual message. If the committee report 
 that the amendments should be disagreed to for certain 
 reasons, the House will consider the amendments forth- 
 with, and having read them a second time will disagree to 
 those on which the committee have reported unfavourably 
 for the reasons set forth in their report.* The House will 
 then either "insist" or "not insist" on their amendments 
 when the message is received that the other House disa- 
 grees to them.' Or the committee may recom.mend that 
 certain amendments be made to the Senate amendments." 
 The proceedings in all such cases are fully explained in 
 the chapter devoted to public bills. 
 
 The necessity of referring amendments, made by one 
 
 1 Sen. J. (1877), 152. Com. J. (1878), 120. 
 
 ^ Ih. (1883), 308; lb. (1886), 176. 
 
 ^ This rule is practically a dead letter as far as the Senate is concerned. 
 
 * London & Ontario Investment Co. (1877), 246, 262 ; Wesleyan Mis- 
 sionary Society (1883), 317, 326. 
 
 5 Can. Com. ,T, (1877), 289, 298, 299 ; Sen. J. 269, 282. (Union Life & Ac- 
 cident Assurance Co. ) 
 
 ^ Can. Com. J. (1886), 255, 270, (Guelph Junction Eailway Co.) 
 
lis PRIVATE BILLS. 
 
 House to a bill passed by the other, was shown in 1884, 
 in the case of a Commons bill respecting the Grand Trunk 
 Eailway. This bill came back to the Commons with 
 apparently unimportant amendments which were hastily 
 agreed to, but it afterwards transpired that though verbal 
 they involved important consequences, and it was decided 
 to adhere strictly thereafter to the rules of the House 
 which require that all such amendments shall be placed 
 on the order paper for another day, so that full opportu- 
 nity may be given to all those interested in the measure 
 to consider the character of the changes/ This wise rule 
 has consequently been observed since that time, and only 
 deviated from in rare cases of urgency at the end of the 
 session when no objection is taken to the amendments. 
 
 Sometimes in the Senate, as in the Commons, it may be 
 necessary to suspend all the rules guarding the passage 
 of private bills, but urgency willhave to be shown before 
 so grave a departure from correct procedure can be per- 
 mitted, and the rules can only be suspended with the 
 unanimous consent of the House.^ 
 
 1 Eule 23. See Can. Hans. (1884), 1511, 1514. 
 
 ' Wood Mountain & Qu'Appelle Eailway ; Sen. Deb. (1890), 365-868. 
 In the case of the Winnipeg & Hudson's Bay R.E,. Co. Bill, objection 
 was taken to the suspension of the rules ; lb. 868-872. In the case of both 
 these bills, the rules were suspended in the Commons. Can. Com. J. (1890) 
 464, 469. See supra, 749. 
 
CHAPTER XXII. 
 
 GENERAL OBSERVATIONS ON THE PRACTICAL OPERATION 
 OF PARLIAMENTARY GOVERNMENT IN CANADA. 
 
 In the first chapter of this work, the author has endea- 
 Totired to give a concise sketch of the various phases of 
 the constitutional development of the provinces of British 
 North America, from the time Canada became a possession 
 of England and exchanged the absolutism and centraliza- 
 tion of the French regime for the representative institu- 
 tions of England. The liberal system of local self-govern- 
 ment which Canada now enjoys, as a portion of the British 
 Empire, is the result of the struggles of the statesmen and 
 people of Canada since the close of the last century when 
 all the provinces were given the right to hold represen- 
 tative assemblies. In every province there existed from 
 1Y92 to 1840, when Upper Canada and Lower Canada were 
 united in a legislative union, a system of government 
 which reproduced certain essential features of the English 
 system — a bicameral legislature, an executive, and a 
 judiciary. For more than half a century after the conces- 
 sion of representative institutions, the political expansion 
 of the provinces was more or less retarded by the absence 
 of the great governing principle of the English system 
 which has developed itself slowly since the revolution of 
 1688 — that great principle which makes the ministry or 
 government of the day responsible both to the sovereign 
 and the legislature for all matters of administration and 
 legislation, and allows it to continue in office only while 
 it retains the approval of the people's house. From 1840 
 
180 GENERAL OBSERVATIONS. 
 
 to 1866/ however, this guiding principle of parliamentary 
 institutions was acknowledged in the largest sense by the 
 imperial government and obtained its fullest expression 
 in the passage of the measure providing for the federation 
 of the provinces, which has enabled the different com- 
 munities, known under the political title of the "Dominion 
 of Canada," to assume many of the functions of an inde- 
 pendent nationality, and extend their legislative and 
 administrative authority over a region of vast territorial 
 extent. 
 
 But while Canada has been able, through the efforts of 
 her statesmen and people, to attain so large a measure of 
 legislative independence in all matters of internal concern, 
 there still exist between her and the parent state those 
 legal and constitutional relations which are compatible 
 with the respective positions of the sovereign authority 
 of the empire, and of a dependency. At the head of the 
 executive power of the dominion is the queen of England, 
 guided and advised by her privy council, whose history 
 is co-existent with that of the regal authority itself 
 Through this privy council, of which the cabinet is a 
 committee, the sovereign exercises that control over Can- 
 ada and every other colonial dependency, which is neces- 
 sary for the preservation of the unity of the Empire and 
 the observance of the obligations that rest upon it as a 
 whole. Every act of the parliament of Canada is subject 
 to the review of the queen in council and may be carried 
 from the Canadian courts under certain legal limitations 
 to the judicial committee of the privy council, one of the 
 committees which still represent the judicial powers of 
 the ancient privy council of England. The parliament 
 of Great Britain — a sovereign body limited by none of the 
 constitutional or legal checks which restrict the legis- 
 lative power of the United States congress — can still, and 
 
 ' See Bourinot, " Studies in Comparative Politics," in Trans, of Royal 
 Society of Canada, Vol. viii, p. 8, n. 
 
GOVERNMENT IN CANADA. TSl 
 
 does actually, legislate from time to time for Canada and 
 the other colonies of the empire. From a purely legal 
 stand-point, the legislative authority of this great assem- 
 bly has no limitation and might be carried so far as not 
 merely to restrain any of the legal powers of the dominion 
 as set forth in the charter of its constitutional action, 
 known as the British North America Act of 186*7, but 
 even to repeal the provisions of that imperial statute in 
 whole or in part. 
 
 But while the sovereign of Great Britain, acting with 
 the advice of the privy council and of the great legislative 
 council of the realm, is legally the paramount authority 
 in Canada as in all other portions of the Empire, her pre- 
 rogatives are practically restrained within certain well 
 understood limits, so far as concerns those countries to 
 which have been extended legislative institutions and a 
 very liberal system of local self-government.^ In any re- 
 view of the legislative acts of the dominion, the govern- 
 ment of England has for many years past fully recognised 
 those principles of self-government which form the basis 
 of the political freedom of Canada. No act of the parlia- 
 ment of the dominion can now be disallowed except it 
 is in direct conflict with imperial treaties to which the 
 pledge of England has been solemnly given, or with a 
 statute of the imperial legislature which applies directly to 
 the dependency. The imperial parliament may legislate 
 in matters immediately affecting Canada,^ but it is un- 
 derstood that it only does so as a rule in response to ad- 
 dresses of her people through their own parliament, in 
 
 ^ " It is therefore a fundamental maxim of parliamentary law that it 
 is unconstitutional for the imperial parliament to legislate for the domestic 
 affairs of a colony which has a legislature of its own.'' Hearn, Govern- 
 ment of England, 598, appendix, Art. on " The Colonies and the Mother- 
 country." 
 
 ^ " The general rule is that no act of the imperial parliament binds the 
 colonies unless an intention so to bind them appears either by express 
 words or by necessary implication." Hearn, 596. 
 
t82 GENERAL OBSERVATIONS. 
 
 order to give validity to the acts of the latter in cases 
 where the British North America Act of ISGT is silent, or 
 has to be supplemented by additional imperial legisla- 
 tion, 
 
 That act itself was not a voluntary effort of imperial 
 authority, but owes its origin to the solemn expression 
 of the desire of the several legislatures of the provinces, as 
 shown by addresses to the Crown, asking for an extension 
 of their political privileges.^ "Within the defined territo- 
 rial limits of those powers which have been granted by 
 the imperial parliament to the dominion and the pro- 
 vinces, each legislative authority can exercise powers as 
 plenary and ample as those of the imperial parliament 
 itself acting within the sphere of its extended legislative 
 authority.^ Between the parent state and its Canadian 
 dependency there is even now a loose system of federation 
 under which each governmental authority exercises cer- 
 tain administrative and legislative functions within its 
 own constitutional limits, while the central authority 
 controls all the members of the federation so as to give 
 
 1 See argument of Hon. Edward Blake before the judicial committee in 
 case of St. Catharine's Milling and Lumber Co. vs. The Queen, published 
 at Toronto in 1888. 
 
 ^ See Hodge vs. The Queen, supra, 112. With respect to the subjects 
 over which the parliament and legislatures of Canada have legislative 
 control by the British North America Act of 1867, " they must be con- 
 sidered to have the plenary powers of the imperial government (to quote 
 the words of the judicial committee) subject only to such control as the 
 imperial government may exercise from time to time, and subject only 
 to her Majesty's right of disallowance, which the B. N. A. Act reserves to 
 her and which no one doubts will be exercised with full regard to con- 
 stitutional principles and in the best interests of the country, when ex- 
 ercised at all." See correspondence on Copyright Act (Rev. Stat, of 
 Canada c. 62) Can. Sess. P. 1890, No. 35, p. 10. For respective powers of 
 Imperial and Canadian Governments, see report of committee of privy 
 council of Canada relating to appeals in criminal cases to the judicial 
 committee of the Privy Council of England, Can. Sess. P. 1889, No. 77. 
 Federal Government in Canada, Johns Hopkins University Studies, 38-44, 
 Also speech ofSir John Thompson, minister of justice. Can. Hans. 1889. 
 March 27. And copyright debate, 1891, Sept. 4. 
 
GOVERNMENT IN CANADA. 183 
 
 that measure of unity and strength, without which the 
 empire could not keep together. Each government acts 
 within the limits of its defined legislative authority with 
 respect to those matters which are of purely local concern, 
 and it is only when the interests of the Empire are in 
 direct antagonism with the privileges extended to the 
 colonial dependency, the sovereign authority should pre- 
 vail. This sovereign authority can never he exercised 
 arbitrarily, but should be the result of discussion and 
 deliberation, so that the interests of the parent state and 
 the dependency may be brought as far as possible into 
 harmony with one another. The written and unwritten 
 law provides methods for agreement or compromise be- 
 tween the authorities of the parent state and its depen- 
 dencies. In matters of law the privy council is guided 
 by various rules which wisely restrict appeals from the 
 dependency within certain definite limits. In matters 
 of legislation and administration, on which there may be 
 a variance of opinion between the Canadian and the 
 English government, the means of communication is the 
 governor- general and the secretary of state for the colonies. 
 The former as an imperial officer responsible to the Crown 
 for the performance of his high functions, as the repre- 
 sentative of the sovereign in the dependency, will lay 
 before the imperial government the opinions and sugges- 
 tions of his advisers on every question which affects the 
 interests of Canada, and requires much deliberation in 
 order to arrive at a fair and satisfactory adjustment.^ 
 
 It may be contended that there is no absolute written 
 law to govern these relations — to restrain the imperial 
 government in its consideration of Canadian questions — 
 to give a positive legal independence to the Canadian 
 government in any respect whatever ; but in answer to 
 
 ' " The matter is fought out between the colonial government and the 
 colonial oifice,'' Hearn, 602. See correspondence on copyrights and 
 appeals in criminal cases, supra, 783, n. 
 
184 GENERAL OBSERVATIONS. 
 
 this purely arbitrary contention it may be argued with 
 obvious truth that when the imperial parliament gave the 
 Canadians a complete system of local government and 
 the right to legislate on certain subjects set forth in the 
 fundamental law of the dependency (the British North 
 America Act,) it gave them full jurisdiction over all such 
 matters and constitutionally withdrew from all interfer- 
 ence in the local concerns of the colony. More than that, 
 in addition to the obvious intent and purpose of the 
 written constitution of the dominion there are certain 
 conventions and understandings which appear in the 
 instructions laid down by the imperial authorities them- 
 selves from time to time for the self-government of these 
 colonial communities since the concession of responsible 
 government — conventions and understandings which 
 have as much force as any written statute, and which 
 practically control the relations between England and 
 Canada so as to give the latter the unrestricted direc- 
 tion of every local matter and the right of legislating on 
 every question sanctioned by the terms of the constitu- 
 tional law. 
 
 The British North America Act then is a charter of 
 constitutional freedom, recognising in a practically un- 
 restricted sense the right of Canada to govern herself, 
 subject only to the general control of the sovereign author- 
 ity of the Empire. This act establishes a federal system 
 which gives control over dominion objects to the central 
 executive and legislative authority, and permits the gov- 
 ernments of the provinces to exercise certain defined 
 municipal and local powers within provincial limits, 
 compatible with the existence of the wide national au- 
 thority entrusted to the federal government. Within its 
 local statutory sphere each provincial entity can exercise 
 powers as plenary and absolute as the dominion itself 
 within the wide area of its legislative jurisdiction. For 
 the settlement of questions of doubtful jurisdiction the 
 
qovehnment in Canada. YSS 
 
 constitution provides a remedy in a reference to the courts 
 on whose decision must always largely rest the security 
 of a federal system/ and to a minor degree in the power 
 possessed by the dominion government of disallowing 
 provincial acts — a power, however, as it is shown else- 
 where, only to be exercised in cases of grave emergency 
 or of positive conflict with the law and the constitution.^ 
 
 If we study the constitution of Canada we find that its 
 principles rest both on the written and the unwritten 
 law. In the British North America Act, we have the 
 written law which must direct and limit the legislative 
 functions of the parliament and the legislatures of the 
 dominion. While this act provides for executive author- 
 ity and for a division of legislative powers between the 
 dominion and the provinces — as we have seen in the 
 first chapter of this work — it does not attempt to give 
 legal effect or definition to the flexible system of pre- 
 cedents, conventions and understandings which so largely 
 direct that system of administration- and government 
 which has grown up in the course of two centuries in 
 England, and which has been gradually introduced into 
 Canada during the past forty years, and now forms the 
 guiding principles of parliamentary government in the 
 two countries.^ 
 
 No doubt, strictly speaking, these conventions are not 
 
 1 See Dicey. The Law of the Constitution, 163-168. 
 
 '^ See Bourinot, Federal Governmenl in Canada, 58-65. Also, supra, 
 86, 87. 
 
 ^ With reference to these conventions and understanding, see Freeman, 
 Growth of the English Constitution, 114, 115. Dicey, Law of the Constitu- 
 tion. Bourinot, Federal Government in Canada, 33. Professor Dicey, in 
 his excellent exposition of this subject, says (p. 24) that constitutional law 
 " consists of two elements. The one element which I have called 'the 
 law of the constitution ' is a body of undoubted law ; the other element 
 — which I have called 'the conventions of the constitution' consists of 
 maxims or practices which, though they regulate the ordinary conduct 
 of the Crown and ministers and of others under the constitution, are not 
 in strictness laws at all." 
 50 
 
*786 GENERAL OBSERVATIONS. 
 
 law in a technical sense, and a distinction must be drawn 
 between the law of the constitution, that is the British 
 North America Act, and the understandings of the constitu- 
 tion. If these are of force, it is mainly because they have 
 in the course of time received the sanction of custom — of 
 an understanding on the part of the people that they are 
 necessary to the satisfactory operation of parliamentary 
 government and to the security of the political privileges 
 which Canada now possesses as a self-governing country. 
 If a court were called upon to-morrow to consider the 
 legality of an act of the dominion parliament, granting 
 large sums of public money for certain public purposes, 
 on the ground that it had not received the recommenda- 
 tion of the Crown at its initiation, in pursuance of a pro- 
 vision of the fundamental law, the judge could properly 
 take cognizance of the objection and adjudicate there- 
 on. If parliament were to exercise its legislative authority 
 beyond the legal term of five years to which it is limited 
 in express terms, its acts after the expiration of its legal 
 existence might be called into question in the courts of 
 Canada. On the other hand, if a ministry should refuse 
 to resign when it is clearly shown that it has no majority 
 in the popular body of the legislature, and can no longer 
 direct and control the legislation of the country, the courts 
 could not be called upon to take cognizance of the fact by 
 any legal act of theirs, however excited public opinion 
 might be on account of so flagrant a violation of generally 
 admitted conventions of the constitution. Parliament, 
 however, in the practical operation of the constitution, 
 would have a remedy in its own hands — it could refuse 
 supply to the ministry which would eventually find 
 itself unable to meet public expenditures except in the 
 few instances where there would be statutory authority 
 for permaiient grants. The courts might be called upon, 
 soon or late, to stop the levy of illegal taxes or otherwise 
 refuse legal sanction to certain acts arising from a viola- 
 
GOVERNMENT OF CANADA. 787 
 
 tion of those rules and maxims which govern the opera- 
 tion of parliamentary institutions.^ But it would be only 
 under such extraordinary circumstances — circumstances 
 practically of a revolutionary character — that the courts 
 could be called upon to interpose in the working of the 
 constitution. It is mainly in the good sense and the 
 political instincts of the people at large that these con- 
 ventions find that sanction which gives them a force akin 
 to that given to the principles of the common law. A 
 ministry that violates these rules and conventions, which 
 have been long approved by the test of experience as 
 necessary for good and effective government, must soon 
 or late find itself subject to the verdict of the people 
 under the written law which dissolves parliament every 
 five years, and gives the legally qualified electors an op- 
 portunity of condemning or approving the acts of the 
 men who have controlled the work of administration 
 and legislation in the country. The strength of the 
 Canadian system of government is the fact that it not 
 only rests on the written law of the constitution, but 
 possesses that flexibility which accompanies conventions 
 and understandings. 
 
 In arranging the details of the federal system of Canada, 
 the framers of the British North America Act had before 
 them the experience of that great instrument of federal 
 government — the constitution of the United States, — and 
 endeavoured to perfect their own system by avoiding 
 
 ^ See Dicey, c. xv, on the conventions of the constitution, in which he 
 shows that " the breach of a purely conventional rule, of a maxim utterly 
 unknown and indeed opposed to the theory of English law, ultimately 
 entails upon those who break it direct conflict with the undoubted law 
 of the land. We have therefore a right to assert that the force which in 
 the last resort compels obedience to constitutional morality is nothing 
 else than the power of the law itself. The conventions of the constitution 
 are not law, but in so far as they really possess binding force they derive 
 their sanction from the fact that whoever breaks them must finally break 
 the law and incur the penalties of a law-breaker." 
 
788 GENERAL OBSERVATIONS. 
 
 what they considered to be inherent defects in the insti- 
 tutions of their neighbours.' But while of necessity they 
 were forced to turn to the political system of the United 
 States for guidance in the construction of a federal system, 
 they adhered steadily to those principles which give 
 strength to that system of English parliamentary govern- 
 ment, and which their own experience for forty years 
 had shown them to be best adapted to the conditions of 
 the confederation. But while the resolutions of the 
 Quebec conference gave expression emphatically to the 
 desire of the Canadian people "to follow the model of 
 the British constitution so far as our circumstances will 
 permit," the written law or British North America Act 
 sets forth only in general terms in its enacting clauses 
 the constitution of the executive authority and of the 
 legislative bodies, where are reproduced essential features 
 of the English system. "While in the character of the 
 executive and in the bicameral form of the general legis- 
 lature we see an imitation of English institutions,^ we 
 detect actually a tendency to depart from the English 
 model in the provinces where the upper chamber in 
 several instances has already been abolished.^ In this 
 respect the Dominion is less English than the United 
 States, where the Congress of the federal union and all 
 the State legislatures have rigidly adhered to two houses. 
 When we come to consider the constitution of the execu- 
 tive authority in the dominion and in the provinces we 
 see that conventions and understandings mainly govern 
 the methods of government throughout Canada. Nowhere 
 do we find formally set forth in the fundamental law of 
 Canada the rules and maxims which govern the cabinet 
 
 1 Supra, 88, 89. 
 
 * " The true merit of the bicameral system is that by dividing a power 
 that would otherwise have been beyond control it secures an essential 
 guarantee for freedom." Hearn, 553. See Guizot, History of Kepresen- 
 tative Government, 443; Mill, Representative Government, 233. 
 
 ^ See mpra, 68, 75, 76. 
 
GOVERNMENT IN CANADA. "789 
 
 or ministry or government, as the advisers of the governor- 
 general or of the lieutenant-governors are indifferently- 
 called in accordance with the custom which Canadians 
 have of reproducing old English phrases. We find simply 
 stated in the British North America Act that there shall 
 be a council " to aid and advise the government of Canada," 
 and the persons who form that council are "chosen and 
 summoned by the governor-general and sworn in as privy 
 councillors and members thereof." An executive council 
 or ministry in Quebec and Ontario is composed of " such 
 persons as the lieutenant-governor from time to time 
 thinks fit." The constitution of the executive authority 
 in the provinces of Nova Scotia and New Brunswick 
 " continues as it existed at the time of the union until 
 altered under the authority of this act." ' 
 
 When the other provinces were added to the union, 
 their executive authority was defined in equally general 
 terms.'' Nothing is said of the principles by which 
 ministers come into, retain and retire from office. All 
 those principles can be found only in the despatches of 
 secretaries of state, in the speeches of leading statesmen 
 in England and Canada — especially of those in the former 
 country who have done so much to mould the system in 
 the past — in the rules and usages which have generally 
 received public sanction as essential to the satisfactory 
 operation of responsible government. At present this 
 system of government exists in all its force in the domin- 
 ion, and in the provinces as well. Canada consequently 
 presents the first instance of a federation of provinces 
 working out in harmony with a written system of 
 federal law that great code of charters, usages and under- 
 standings known as the English constitution. In the 
 dominion, however, the only advisory body known to 
 
 ' B. N. A. Act, 1867. ss. 11, 12, 13, 64, 65, 66. See supra, chapter i. S3. 
 7 and 9. 
 ' Svpra, 74 (P, E. Island); 75 (Manitoba) ; 76 (British Columbia). 
 
190 GENERAL OBSERVATIONS. 
 
 the constitutional law is " the queen's privy council for 
 Canada," which has its origin in the desire of the Cana- 
 dian people to adapt as far as possible to their own cir- 
 cumstances the ancient institutions of the parent State.' 
 But all privy councillors in Canada are not the advisers 
 of the governor-general for the time being. At the pre- 
 sent time there are in Canada over fifty gentlemen called 
 privy councillors,^ but of these only a small proportion, 
 from twelve to fifteen, form the actual government of 
 Canada. Following English precedent, the governor- 
 general has also conferred the distinction of privy coun- 
 cillor upon several distinguished gentlemen who have 
 been speakers of the Senate and House of Commons. 
 It may be argued that the fact that these gentlemen have 
 been sworn to the privy council gives them a certain 
 limited right to be consulted by the representative of the 
 sovereign in cases of a political emergency or a na- 
 tional crisis, but this is a privilege only to be exercised 
 under exceptional circumstances while Canada enjoys 
 responsible government.^ For instance, on the resigna- 
 
 ^ See supra 54. In Ireland there is also a privy council, see Whittaker's 
 Almanac, 1891, p. 96. In the proposed federal constitution for Australia, 
 the name suggested is '' federal executive council." See official report of 
 the " National Australian Convention," c. ii., s. 2. In the early constitution 
 of the slate of Delaware, the executive council associated with the 
 governor, was called a jirivy council, but the name has long since 
 disappeared. Bryce, The American Commonwealth, ii., 103, 104. The 
 title exists still in the little colonies of Bermuda and Jamaica, where 
 there is no responsible government. See Col. Office List for 1891. 
 
 ■^ See Col. Office List, 1891, pp. 70, 71. 
 
 ^ " The king, moreover, is at liberty to summon whom he will to his 
 privy council ; and every privy councillor has in the eye of the law to 
 confer with the sovereign upon matters of public policy. The position 
 and privileges of cabinet ministers are in fact derived from their being 
 sworn members of the privy council. It is true that by the usages of 
 the constiiution cabinet ministers are alone empowered to advise upon 
 affairs of State, and that they alone are ordinarily held responsible to 
 their sovereign and to parliament for the government of the country. 
 Yet it is quite conceivable that circumstances might arise which would 
 render it expedient for the king, in the interests of the constitution itself, 
 
G VERNMENT IN CANADA. •? 91 
 
 tion or dissolution of a ministry the Crown has a right to 
 consult any privy councillor with respect to the forma- 
 tion of a new administration. As a rule of strict consti- 
 tutional practice, the sovereign should be guided only by 
 the advice of men immediately responsible to parliament 
 and to the Crown for the advice they tender. The mem- 
 bers of the cabinet or ministry which advises the gover- 
 nor-general must be sworn of the privry council, and then 
 called upon to hold certain departmental offices of state/ 
 They are a committee of the privy council, chosen by the 
 governor-general to conduct the administration of public 
 affairs. They are strictly a political committee, since it is 
 necessary that they should be members of the legislature. 
 The political head of this cabinet or ministry is known 
 as the prime minister or premier — a title totally unknown 
 to the written law, and only recognized by the conven- 
 tions of the constitution.^ It is he who is first called 
 upon by the governor-general to form the advisory body 
 known as the ministry. His death, dismissal or resigna- 
 tion dissolves ipso facto the ministry,* and it is necessary 
 that the representative of the sovereign should choose 
 another public man to fill his place and form a new ad- 
 ministration. The premier is essentially the choice of 
 the governor-general — a choice described by a great Eng- 
 lish statesman as " the personal act of the sovereign," 
 since it is for her alone " to determine in whom her con- 
 fidence shall be placed." * A retiring premier may, in his 
 capacity of privy councillor, suggest some statesman to 
 take his place, but such advice cannot be given unsoli- 
 
 to seek for aid and counsel apart from his cabinet." Todd, i., 116. Also 
 Ih. 334. 
 
 1 See mpra, chapter i., s. 7. 
 
 ^ Hearn, Government of England, 223. See Gladstone, Gleanings i., 
 244. 
 
 ^ Gladstone, Gleanings, i. 243. 
 
 * Sir Robert Peel, 83 Eng. Hans. (3), 1004. Also Lord Derby, 123 76. 
 1701 ; Disraeli, 214 lb. 1943. 
 
•792 GENERAL OBSERVATIONS. 
 
 cited, but only at the request of the Crown itself.' But 
 this personal choice of the representative of the sovereign 
 has its limitations, since the governor-general must be 
 guided by existing political conditions. He must choose 
 a man who is able to form a ministry likely to possess 
 the confidence of parliament. If a ministry be defeated 
 in parliament, it would be his duty to call upon the most 
 prominent member of the party which has beaten the 
 administration to form a new government. It is quite 
 competent for the governor-general to consult with some 
 influential member of the dominant political party, or 
 with a privy councillor,^ with the object of eventually 
 making such a choice of a prime minister as will ensure 
 what the Crown must always keep in view — a strong and 
 durable administration capable of carrying on the queen's 
 government with efficiency and a due regard to those 
 principles which the sovereign's representative thinks 
 absolutely essential to the interests of the dependency 
 and the integrity of the empire. Once the statesman 
 called upon by the Crown has accepted the responsibility 
 of premier, it is for him to select the members of his 
 cabinet and submit their names to the governor-general. 
 The premier, in short, is the choice of the governor-gen- 
 
 1 Todd, i. 116, 328. 
 
 ^ It is not essential that the person selected to bring about the construc- 
 tion of a new cabinet should be the intended prime minister. See case 
 of Lord Moira in 1812; 17 E. Hans. (3), 464; Wellington Desp., 3d ser-, 
 vol. 3, pp. 636-642; lb. vol. 4, pp. 3, 17, 22. In 1851, after the resignation 
 of the Kussell administration, the Duke of AVellington was consulted, 
 114 E. Hans. (3), 1033, 1075. In 1855, after the resignation of Lord 
 Aberdeen, among those consulted with respect to the formation of a new 
 administration was the Marquis of Lansdowne, 123 E. Hans. (3), 1702 
 Greville's Memoirs, Reign of Queen Victoria, iii. 203, 207. In 1891, on the 
 death of Sir John Macdonald, Sir John Thompson, minister of justice in 
 the administration then dissolved, was called upon by Lord Stanley, gov- 
 ernor-general of Canada, " for his advice with respect to the steps which 
 should be taken for the formation of a new government." Can. Hans., 
 June 16. It appears he was asked to form au administration, but declined 
 the responsibility, lb. June 23. 
 
GOVERNMENT IN CANADA. 193 
 
 eral ; the members of the cabinet are practically the choice 
 of the prime minister/ The governor-general may consti- 
 tutionally intimate his desire that one or more of the 
 members of the previous administration in case of a re- 
 constructed ministry, or of the political party in power 
 in case of an entirely new cabinet, should remain in or 
 enter the government, but while that may be a matter of 
 conversation between himself and the premier, the 
 Crown should never so press its views as to hamper the 
 chief minister in his effort to form a strong administra- 
 tion.^ As the leader of the government in parliamen 
 and a chief of the dominant political party for the time 
 being, he is in the best position to select the materials 
 out of which to construct a strong administration, and 
 his freedom of choice should not be unduly restrained by 
 the representative of the sovereign, except in cases where 
 it is clear that imperial interests or the dignity or the 
 honour of the Crown might be impaired, conditions 
 almost impossible to arise in the formation of a ministry. 
 The premier is the constitutional medium of communica- 
 tion between the. governor-general and the cabinet ; it is 
 for him to inform his Excellency of the policy of the 
 government on every important public question, to 
 acquaint him with all proposed changes or resignations 
 in the administration. It is always allowable for a 
 minister to communicate directly with the governor- 
 general on matters of purely administrative or depart- 
 mental concern ; every minister is a privy councillor, and 
 as such is an adviser of the Crown, whom the governor- 
 general may consult if he thinks proper ; but all matters 
 of ministerial action, all conclusions on questions of 
 ministerial policy can only be constitutionally communi- 
 cated to him by his prime minister. It is for the latter to 
 
 ' When Sir Robert Peel took office in 1834, the principle was for the 
 first time established that the premier should have the free choice of his 
 colleagues. Peel, Mem. ii, 17, 27, 35. 
 
 " See Torrens, Life of Melbourne, i. 233. Colchester's Diary, iii. 501. 
 
•794 GENERAL OBSERVATIONS. 
 
 keep the Crown informed on every matter of executive 
 action.^ It is not necessary that he should be told of the 
 discussions and arguments that may take place in the 
 cabinet while a question of policy is under its considera- 
 tion, but the moment a conclusion is reached the gover- 
 nor-general must be made aw^are of the fact and his ap- 
 proval formally asked. All minutes and orders in council 
 must be submitted for his approval or signature, and the 
 fullest information given him on every question in which 
 the Crown is interested and which may sooner or later 
 demand his official recognition as the constitutional head 
 of the executive. 
 
 "When a new administration is formed — whether it is a 
 mere reconstruction of an old cabinet under a new pre- 
 mier, or an entirely new government — there must be a 
 thorough understanding between the prime minister and 
 his colleagues on all questions of public policy which at 
 the time are demanding executive and legislative action. 
 The cabinet must be prepared to act as a unit on all ques- 
 tions that may arise in the legislature or in connection 
 with the administration of public affairs, and if there be 
 a difference of opinion between the premier and any of 
 his colleagues, which is not susceptible of compromise, 
 the latter must resign and give place to another minister 
 who will act in harmony with the head of the cabinet.^ 
 While each minister is charged with the administration 
 of the ordinary affairs of his own department, he must 
 lay all questions involving principle or policy before the 
 whole cabinet, and obtain its sanction before submitting 
 it to the legislature. Once agreed to in this way, the 
 measure of one department becomes the measure of the 
 whole ministry, to be supported with its whole influence 
 in parliament. The ministry is responsible for the action 
 of every one of its members on every question of policy, 
 
 ' Hearn, 223. 
 ^ Heam, 218. 
 
GOVERNMENT IN CANADA. '795 
 
 and the moment a minister brings up a measure and 
 places it on the government orders it is no longer his, but 
 their own act which they must use erery effort to pass, 
 or make up their minds to drop in case it does not meet 
 with the approval of the legislature.' The responsibility 
 of the cabinet for each of its members must cease when 
 a particular member of the cabinet assumes to himself 
 the blame of any acts and quits the government in conse- 
 quence ; and while by remaining in office and acting to- 
 gether, all the members take upon themselves a retro- 
 spective responsibility for what any colleague has done, 
 it ceases if they disavow and disapprove of the particu- 
 lar act upon the first occasion that it is publicly called in 
 question.^ If a government feels that it is compromised by 
 the misconduct of a colleague, he must be immediately 
 removed.^ 
 
 If parliament should be sitting on the occasion of a 
 ministerial crisis, it is usual, to adjourn from day to day, 
 and questions to be asked with reppect to the progress 
 made with the formation of a ministry. The motion to 
 adjourn may be made, when necessary, by one of the ex- 
 ministers at the request of the person who has been en- 
 trusted with the duty of forming a ministry.* In case of 
 a reconstruction it is customary for members of the former 
 
 ^ " The essence of responsible government is that mutual bond of re- 
 sponsibility one for another, wherein a government, acting by party, go 
 together and frame their measures in concert." Earl of Derby, 134 E. 
 Hans. (3), 834. "The government is not an administration of separate 
 and distinct departments, but, as is well known, the measures of each 
 department are submitted to the consideration of the cabinet, and the 
 cabinet is responsible in its individual capacity for the policy of each de- 
 partment, though the execution of the measures may rest with the 
 departments themselves." Lord Palmerston, Mirror of P., 1838, p. 2429. 
 Also Mr. Disraeli, 111 E. Hans. (3), 1332. 
 
 ''■ Lord Derby. 150 E. Hans., 579-670. A new ministry cannot be held 
 responsible for the misconduct of one of their members under a previ- 
 ous administration. Todd, ii. 481. Also Ih. i. 540-543. 
 
 3 Hearn, 198. * 123 E. Hans. (3), 1705, 1706 ; 76. 1717. 
 
•796 GENERAL OBSERVATIONS. 
 
 cabinet to make such explanations as have been given 
 them by the new premier, since they hold their old 
 offices until arrangements are finally made. Sometimes 
 explanations have been given in the Canadian Com- 
 mons by a prominent member of the party, from which 
 a new government is to be formed, and in the absence of 
 ministers who have accepted office and sought re-election 
 in accordance with the law.^ While a ministry is being 
 reconstructed, or ministers are seeking re-election, it is 
 not usual for the House to transact any business except 
 what is purely routine.^ In case there is difficulty in 
 reconstructing a ministry, or in forming a new one, and 
 public business is unduly delayed, parliament has always 
 a right to address the Crown on the subject.' But it is 
 unconstitutional for parliament " to question the motives 
 of the sovereign for dismissing the ministers who have 
 lost his confidence," or to make him " accountable to 
 parliament for his conduct in changing his advisers." * 
 Parliament should hesitate to pass any resolutions of 
 censure or to take any steps which might appear like an 
 attempt to limit the exercise of the prerogative by refus- 
 ing to the new ministers and the Crown " a fair trial." '* 
 
 A new ministry should take the earliest opportunity of 
 making explanations to the Houses of any facts that they 
 ought to know with reference to its formation or its policy 
 on measures of public import ; but they have no right to 
 ask for more than a general exposition of the main prin- 
 ciples on which the government is formed.^ Such explan- 
 ations are as proper in the case of a reconstructed as of an 
 
 ' Hon. L. H. Helton in 1873, on formation of the Mackenzie ministry, 
 Ann. Eeg. (1878), 30. 
 
 •' Mirror of P. 1830, pp. 272, 337 ; 114 E. Hans, (3), 889 ; 119 lb. 914 ; 184 
 lb. 692, 697, 722. 
 
 » 136 lb. 1300 ; May, Const. Hist, i, 462. 
 
 " Lord Selliirlj, 9 Pari. Deb. 377 ; Lord Colchester's Diary, ii, 119. 
 
 ^ Sir E. Peel, Memoirs, ii, 67; 191 E. Hans, (3) 1728. 
 
 " Mr. Disraeli & Mr. Gladstone, 138 E. Hans. (3), 2039. 
 
GOVERNMENT IN CANADA. 197 
 
 entirely new ministry.' The Houses have a perfect right 
 to be correctly informed of the principles which have in- 
 fluenced public men either to accept office under the 
 Crown or to undertake the scarcely less grave responsi- 
 bility of leaving it. "Whenever changes take place during 
 the recess or the sitting of parliament, it is usual for the 
 leader of the government when called upon in either 
 House, to state the nature of the changes that have taken 
 place in the administration, or make other explanations 
 that may be necessary in the public interests,^ but such 
 statements should not introduce any debateable matter, 
 but be confined to such facts as ought to be made known 
 to parliament. 
 
 When a ministry or any one of its members resigns, it 
 is quite proper to give the grounds of resignation. Indi- 
 vidual ministers may on occasions explain the reasons 
 why they have retired from a government. 
 
 In all cases when a statement is made of the formation, 
 the resignation, or the dismissal of a ministry, or of the 
 retirement of an individual minister, the assent of the 
 governor-general should be first obtained to make known 
 any facts which affect his position in the matter.^ 
 
 It is also authoritatively laid down that, when a single 
 member of a cabinet retires, until he has made his own 
 statement in the House to which he belongs, the govern- 
 ment cannot explain the ground of his withdrawal to the 
 other House.^ 
 
 ' Mr. Disraeli, Mirror of P., 1840, pp. 24, 70. 
 
 ' Can. Hans. (1884), 28, 525; lb., 1891, June 16; Sen. Deb. 1891, June 
 17. In 1889, the leader of the opposition was not satisfied with the short 
 explanation given of changes in the ministry, and it was necessary to 
 move the adjournment of the House, Hans. 24, 28. In 1891, a similar 
 motion was made for the express purpose of bringing on a discussion as 
 to the formation, the situation, and the principles of, a new government. 
 Hans., June 22. See Mr. Gladstone's recognition of the claim of the House 
 to have explanations, 77 E. Hans. (3), 77 ; also 136 lb. 941, 960. 
 
 i* Can. Hans. (1891), June 16 ; Sen. Deb. June 17. Mirror of P., 1831-2, 
 p. 2134. * Todd. ii. 491 ; 136 E. Hans. (3), 939, 943, 960. 
 
•798 GENERAL OBSERVATIONS. 
 
 A government once formed is immediately responsi- 
 ble for the work of administration and legislation. As a 
 rule, parliament should be reluctant to interfere with those 
 details of administration which properly and conveniently 
 appertain to a department, and it is only in cases where 
 there is believed to be some infraction of the law or of the 
 constitution or some violation of a public trust, that the 
 House will interfere and inquire closely into administra- 
 tive matters.^ It must always be remembered that par- 
 1 ament is the court of the people, their grand inquest, to 
 which all matters relating to the public conduct of a 
 ministry or of any of its members as heads of depart- 
 ments, must be submitted for review under the rules of 
 constitutional procedure that govern such cases. By 
 means of its committees parliament has all the machinery 
 necessary for making complete inquiry, when necessary, 
 into the management of a public department. Especially 
 in relation to the public expenditures has the House of 
 Commons the responsibility devolved upon it to see that 
 every payment is made in acccordance with law and 
 economy, and that no suspicion of wrong-doing rests on 
 the department having the disposition of any public 
 funds.^ 
 
 Every act done by the responsible minister of the 
 Crown, having any political significance, is a fitting sub- 
 ject for comment, and, if necessary, for censure in either 
 
 ' May, Const. Hist, ii., 85. Todd, i., 418, 465-468. 
 
 '^ See the reports of the Committee of Public Accounts in the Canadian 
 Commons Journals from 1867 to 1891 — especially in the latter year — 
 which illustrate the important functions assumed by this Committee 
 since its formation in 1867. Also the speeches of Sir E. Cartwright, ex- 
 finance minister, and Sir J. Thompson, minister of justice, setting forth 
 the functions, and responsibilities devolving on this committee, Can. 
 Hans., Aug. 19, 1891. Also in the same session, proceedings and reports 
 of the committee of privileges and elections, called upon to inquire into 
 various allegations relating to certain tenders and contracts for public 
 works in Canada. 
 
GOVERNMENT IN CANADA. 199 
 
 House.^ But it is an admitted principle of sound consti- 
 tutional government that the functions of parliament are, 
 strictly speaking, those of control and not of administra- 
 tion, and undue interference with executive authority is 
 most inexpedient, and an infraction of the Crown's prero- 
 gative.^ Ministers are primarily and always responsible 
 for the administration of their respective departments, 
 and it is for them to stand between the permanent non- 
 political officials and the censure of the Houses when the 
 former are acting strictly within their functions as ad- 
 visers and assistants of their political heads, immediately 
 answerable to the parliament and the country for the 
 efficient administration of public affairs.' 
 
 A government, however, will itself agree to submit to 
 special parliamentary committees the investigation of 
 certain questions of administration on which it may 
 itself desire to elicit a full expression of opinion, and 
 all the facts possible, but it is not the constitutional duty 
 
 1 Earls Derby and Eussell, 171 E. Hans. (3), 1720, 1728. Grey, Pari. 
 Govt., 20. 
 
 ' " Parliament has no direct control over any single department of the 
 state. It may order the production of papers for its information, it may 
 investigate the conduct of public business, may pronounce its opinion upon 
 the manner in which every function of government has been or ought to 
 be discharged ; or it can convey its orders or directions to the meanest 
 otficial with reference to his duty. Its power over the executive is 
 exercised indirectly bnt not the less effectively, through the responsible 
 ministers of the Crown. These ministers regulate the duties of every 
 department of the state and are responsible for their proper performance 
 to parliament as well as the Crown. If parliament disapprove of any act 
 or policy of the government, ministers must conform to that opinion, or 
 forfeit its confidence." May, Constitutional History, ii. 85, 86 See also 
 Macaulay, History of England, ii. 436. 
 
 ' " Having entire control over the public departments, they [ministers] 
 are bound to assume responsibility for every ofiicial act, and not to per- 
 mit blame to be imputed to any subordinate for the manner in which the 
 business of the country is transacted except only in cases of personal 
 misconduct for which the political chiefs have the remedy in their own 
 hands." Todd i., 628, 629. Also lb. ii., 217 ; 174 E. Hans., (3), 416, 184 
 26. 2164 ; 217 lb. 1229 ; 219 lb. 623 ; Grey, Pari. Govt, new ed., BOO. 
 
800 GENERAL OBSERVATIONS. 
 
 of such committee to lay down a public policy on any 
 question of gravity. That is a duty of the responsible 
 ministry itself, which should not be shifted on another 
 body. The legislative and executive authorities should 
 act as far as possible within their respective spheres. It 
 is true the House acts, in a measure, in an executive 
 capacity ; it does so, not as a whole, but only through the 
 agency of a committee of its own members — the govern- 
 ment or ministry — and while it may properly exercise 
 control and supervision over the acts of its own servants, 
 it should not usurp their functions and impede unneces- 
 sarily the executive action of the men to whom it has, 
 from the necessity of things, constitutionally entrusted 
 the management of administrative matters.^ 
 
 Such questions can only be effectively administered by 
 a body chosen expressly for that purpose. If it is clear 
 that the ministry or any of its members are incompetent 
 to discharge their functions, the House of Commons at 
 once must evince its desire to recall the authority it had 
 delegated to them, aud the Crown, recognizing the right 
 of that body to control its own committee, will select 
 another set of men who appear to have its confidence and 
 to whom it is willing to entrust the administration of 
 public affairs. 
 
 Beside availing itself of the assistance of select par- 
 liamentary committees in special cases requiring the 
 collection of evidence bearing on a question, the govern- 
 ment may also, by the exercise of the prerogative ^ or in 
 pursuance of statutory authority,' appoint a Eoyal Com- 
 
 ' See remarks of Lord Palmerston with respect to the necessity of 
 leaving the royal prerogative unfettered as regards its exercise. 150 E. 
 Hans. (3), 1357 ; 164 76. 99. Also Austin, Plea for the Constitution, 24. 
 
 ^ Todd, ii. 432. 
 
 ' See Pacific Railway Commission of 1873, 2nd sess., Can. Com. Jour. 
 By c. 114, Rev. Stat, of Canada, whenever the governor-in-council deems 
 it expedient to cause an inquiry to be made into and concerning any 
 matter connected with the good government of Canada, or the conduct 
 
GOVERNMENT IN CANADA. 801 
 
 mission to make enquiry into matters on which the 
 Crown or the country requires accurate and full inform- 
 ation. In this way a great number of valuable facts 
 preliminary to executive and legislative action may be 
 elicited with respect to questions which are agitating 
 the public mind. Questions affecting the relations of 
 capital and labour/ the improvement and enlargement 
 of the canal or railway system,^ the employment of 
 Chinese labour,^ the collection of facts as to the practi- 
 cability of a prohibitory liquor law/ are among the mat- 
 ters that can legitimately be referred to such royal com- 
 missions with the view of assisting the government and 
 parliament in coming to a sound decision before agree- 
 ing to the passage of legislation on such subjects. Ques- 
 tions even affecting the honour of the government itself 
 have been referred to a royal commission in the interest 
 of good government when a parliamentary committee 
 has been unable to attain the object desired by the House 
 of Commons.' While it may be sometimes decidedly for 
 the public advantage that the Crown should itself ap- 
 point a commission to make full and impartial inquiry 
 into such questions, it should in no wise interfere with 
 the privileges and duties of parliament as the great poli- 
 tical court of the country. 
 
 of any part of the public business thereof. Under the statute the commis- 
 sion may summon and enforce attendance of witnesses, who may be 
 examined under oath. See Rev. Stat, of Can., c. 10. 
 
 ' Can. Sess. P., 1889, No. A. 
 
 ^ lb. 1871, No. 54. » lb. 1885, No. 54. 
 
 * See resolution passed in Canadian Commons, June 24, 1891. 
 
 ^ Charges in connection with the contemplated Canadian Pacific E. E. 
 See despatches of Lord DufFerin, Can. Com. J.,1873, (2nd Sess.) Exception 
 was, however, taken to the appointment of the commission as an inter- 
 ference with the right of the Commons to enquire into high political 
 ofiences ; pp. 226, 227- The commissioners in this trying case simply 
 reported the evidence they had taken, and stated no conclusion, on the 
 ground that the execution of their functions should not in any way 
 " prejudice whatever proceedings parliament might desire to take-" 
 51 
 
802 GENERAL OBSERVATIONS. 
 
 A commission should be careful not to enter upon any 
 question of policy lest it should trench upon the proper 
 limits of ministerial responsibility' and upon ground 
 which belongs to parliament. All the expenses necessary 
 for the performance of the functions assigned to a royal 
 commission must be defrayed out of moneys annually 
 voted by parliament for that purpose.^ 
 
 Such commissions may be appointed on the recom- 
 mendation of either house of parliament in the form of 
 an address to the Crown,^ or by the simple expression of 
 opinion in favour of such a measure.* The report of such 
 bodies is transmitted to parliament by command of the 
 governor-general or by message.'' 
 
 In addition to royal commissions, the government may 
 appoint a departmental commission to make inquiries 
 into matters connected with the ofhcial work of the 
 public departments.'' 
 
 In the evolution of parliamentary government ministers 
 have become responsible not only for the legislation 
 which they themselves initiate, but for the control and 
 supervision of all legislation which is introduced by 
 private members in either House. In the speech with 
 which parliament is opened there is generally a reference 
 to the leading measures which the government propose 
 to present during the session. This speech, however, 
 does not do more than indicate in almost abstract terms 
 — terms intended to make the document unobjectionable 
 
 ^ Mr. Gladstone, 177 E. Hans. (3), 233, 236 and 217 lb. 664. Sir Stafford 
 l^orthcote, 184 Ih., 1731. 
 
 ^ See Can. Stat, for 1871, p. 7, Canal Commission. 
 
 » 118 E. Com. J. 250, 265, 363, 377 ; 119 lb. 215, 9.29 ; 93 Lords' J. 633. 
 
 * Can. Com. J. 1891. June 24. 
 
 6 lb. (1885), 124 ; lb. (1889), 271. 
 
 ' See Eev. Stat, of Can., c. 115, The Civil Service Commission of 1880- 
 81 was appointed by order in council to enquire into the condition of the 
 public service of the dominion and suggest improvements in its organiza- 
 tion. It had not the power to administer oaths given generally to royal 
 commissions under statute. See Can. Sess. P., 1881, No. 113. 
 
GOVERNMENT IN CANADA. 803 
 
 from a political point of view —the intended legislation 
 on matters of public interest. It is generally expected 
 that the measures outlined in the speech will be intro- 
 duced during the session ; but it is admitted by author- 
 ities that " ministers are not absolutely bound to intro- 
 duce particular measures commended to the considera- 
 tion of parliament in the royal speech at the opening of 
 the session. Sometimes the press of public business will 
 necessitate the postponement of intended legislation to a 
 future session." For instance, in 1870, the queen's speech 
 promised a licensing bill, a trade union bill and a legal 
 taxation bill, none of which measures were brought down 
 that session.' 
 
 It not unfrequently happens that a measure of large 
 public import, on which there is a difficulty in arrang- 
 ing details and a considerable difference of opinion, will 
 be mentioned in the speech, but will not be actually pro- 
 posed until a subsequent session, when the public senti- 
 ment is more ready to accept it. A franchise act for the 
 dominion was mentioned several times in the governor- 
 general's speeches from 1867 to 1885, but it was not until 
 the latter year that it became law.^ In the case of a bill 
 consolidating and amending the law relating to bills of 
 exchange and promissory notes, necessarily involving 
 numerous details of deep interest to the whole business 
 community, it was presented and printed in 1889, but 
 not passed until the subsequent session, when it had 
 been thoroughly reviewed by all interested in its provi- 
 sions.^ The consolidation of the criminal laws was not 
 pressed in 1891, but held over until the following ses- 
 sion in order to give the judges and the legal profession 
 sufficient time to consider a measure of so much impor- 
 tance. This practice in the case of bills of this char- 
 
 1 Todd, ii. 360 ; 202 E. Hans. (3), 486; 203 lb. 1734. 
 
 ''■ Supra 147 note. 
 
 " Can. Hans. (1889), 778, 1629 ; Ih. (1890), 26. 
 
804 GENERAL OBSERVATIONS. 
 
 acter is sound, since it tends to prevent hasty legisla- 
 tion.^ 
 
 It is the duty of the government to initiate or promote 
 legislation on every question of public policy which re- 
 quires attention at the hands of the legislature. 
 
 No feature of the English system of parliamentary 
 government stands out in such marked contrast with the 
 irresponsible system that prevails in the congress of the 
 United States as that which requires that there shall be 
 a body of men specially chosen from the majority to lead 
 parliament, and made immediately responsible not only 
 for the initiation and supervision of public legislation,^ 
 but for the control of private measures so far as they 
 may concern the public at large. 
 
 While private members have a perfect right to present 
 bills on every subject except for the imposition of taxes 
 and the expenditure of public money, they do not act 
 under that sense of responsibility which naturally in- 
 fluences ministers who are the leaders of the House and 
 amenable to Parliament and the Crown for their policy 
 on all matters of public legislation. Ministers alone can 
 initiate measures of public taxation and expenditure 
 under the constitutional law, which gives control of 
 such matters to the Crown and its advisers, while the 
 conventions and understandings of the constitution have 
 
 'Can. Hans., 1891, May 12. 
 
 ^ Todd, ii. 394. Hearn, 536. Mr. Gladstone, 192 E. Hans. (3), 1190-1194. 
 A select committee on the public business of the English Commons has 
 set forth that " although it is expedient to preserve for individual mem- 
 bers ample opportunity for the introduction and passage of legislative 
 measures, yet it is the primary duty of the advisers of the Crown to lay 
 before parliament such changes in the law as in their judgment are 
 necessary ; and while they possess the confidence of the H. of C. and re- 
 main responsible for good government and for the safety of the State, it 
 would seem reasonable that a preference should be yielded to them, not 
 only in the introduction of their bills, but in the opportunity of pressing 
 them on the consideration of the House.'' E. Corns. Pap., 1861, vol! xi. 
 p. 436. 
 
GOVERNMENT IN CANADA. 805 
 
 gradually entrusted them also with the direction and 
 supervision of every matter which demands legislative 
 enactment. In the ordinary nature of things no measure 
 introduced by a private member can become law unless 
 the ministry gives facilities for its passage. If the House 
 should press on their attention a particular measure, 
 they must be prepared to give it consideration and 
 assume full ministerial responsibility for its passage or 
 rejection They must on all occasions have a policy on 
 every question of public interest, and cannot evade it if 
 they wish to retain the confidence of parliament and of 
 the country. As a rule, private members perform a useful 
 public duty in bringing up measures which illustrate 
 public sentiment in various directions. Parliament is 
 essentially a deliberative body, and its not least important 
 function is to prepare the public mind for useful legisla- 
 tion and to give it effect at the earliest possible moment. 
 Private members consequently can materially assist the 
 government by their suggestions for the amendment of 
 the law. It would, however, be an evasion of the sound 
 principle of ministerial responsibility if a government ' 
 should attempt, by means of purely abstract resolutions 
 or by the agency of select committees, to obtain from 
 parliament the enunciation of the principles that should 
 guide them in maturing a measure which imperatively 
 demands legislation at their hands .^ It is their duty to 
 gauge public opinion on every subject from the utterances 
 of public men and of the public press, and lay down the 
 main features of the policy that should be adopted. Hav- 
 ing submitted a measure to the consideration of parlia- 
 ment they should be ready to perfect it by the assistance 
 of the Houses. 
 
 ^ See remarks of Mr. Lowe on a proposition of Mr. Disraeli to go into 
 committee of the whole to consider the question of a reform act; 185 E. 
 ' Hans. (3), 960. Also Earl Grey, 1294-1298. Mr. Gladstone's proposed 
 motion ; Ih. 1021, 1022. See also 233. lb. 1753, 1825. 
 
806 GENERAL OBSERVATIONS 
 
 The rules of parliament are framed for the special 
 purpose of giving every opportunity to the House itself 
 to consider a measure and amend it at various stages. 
 Ministers should always be ready to adopt such amend- 
 ments as are compatible with the general principles of 
 the measure, and should they feel compelled to recede 
 from any position which they have taken it is a proper 
 concession to the superior wisdom of a deliberative body, 
 and no confession necessarily that they have lost the con- 
 jfidence of the legislature. It is for them to press, as 
 far as reason and consistency dictate their own views 
 as to details and endeavour as a rule to arrive at a com- 
 promise rather than ultimately lose a measure. 
 
 A distinguished English statesman whose judicial fair- 
 ness in matters of constitutional procedure is admitted by 
 all. students of political science, has well said that he 
 " did not think it would be for the public advantage 
 if a government should consider itself bound to carry 
 every measure in the House exactly in tbe shape they 
 had proposed it, but he hoped that, with respect to ques- 
 tions of legislation affecting the whole body of the 
 people, of whose feelings so many members must be 
 cognisant, the House would retain some of its legislative 
 authority." ^ Another eminent statesman has admitted 
 that " with respect to many great measures, the sense of 
 the legislature ought to prevail ; and that if no great 
 principle be involved and very dangerous consequences 
 are not expected to result, the government ought not to 
 declare to parliament that they stake their existence as a 
 government on any particular measure, but are bound 
 on certain occasions to pay proper deference to the ex- 
 pressed opinions of their supporters." ^ But it must be 
 added, if the measure under consideration embodies a 
 policy to which the political faith of the ministers is 
 
 ' Lord John Eussell 73 E. Hans. (3), 1638. 
 ' Sir R. Peel, 76. 1639, 1640. 
 
GOVERNMENT IN CANADA. 80*7 
 
 pledged, which, they consider indissolubly connected with 
 their own existence as a government, chosen from a par- 
 ticular party, and from which they cannot recede without 
 a sacrifice of principle and dignity, they must at once 
 assume the ground that its defeat or material amendment 
 means their resignation or an appeal to the people in 
 case they believe the House does not represent the senti- 
 ment of the country on the question at issue. 
 
 Isolated defeats of a government possessing the con- 
 fidence of parliament, do not necessarily demand a resig- 
 nation, but when the people's House continues to refuse 
 its confidence to them, it is impossible for them to remain 
 in ofiice/ 
 
 Although it is not usual for a minister of the Crown 
 to take charge of a private bill it is the special duty of 
 the government as the responsible leaders of legislation 
 and the chosen guardians of the public interests in par- 
 liament, to watch carefully the progress of private legis- 
 lation in the House and its committees, and see that it 
 does not in any way interfere with the policy of the 
 ministry or the statutory law in reference to the public 
 lands, railways, canals, public works, and such other 
 interests, as are entrusted to the dominion authorities. 
 It is in the standing committees of the House that the 
 supervision of private bill legislation is chiefly exercised. 
 One of the most important committees of the Commons, 
 that of railways, canals and telegraph lines, has invari- 
 ably for its chairman one of the ministers of the Crown, 
 and the minister in charge of railways is also one of its 
 members, whose special duty it is to watch closely all 
 legislation that may effect the policy of the government. 
 
 In a country like Canada, stretching over such a wide 
 area of territory, having so many diversified interests and 
 resources, requiring to be developed by public and private 
 legislation, the committees of this class have great respon- 
 
 1 Lord John Russell, Mirror of P., 1841, pp. 2119, 2120. 
 
808 GENERAL OBSERVATIONS. 
 
 sibilities resting upon them. The federal system divides 
 jurisdiction over a great variety of subjects between the 
 dominion and the provinces and it is therefore the special 
 duty of each government to see that questions of conflict 
 are avoided and each legislative authority acts within the 
 fundamental law. 
 
 Among the many important responsibilities which a 
 ministry is called upon to perform in the discharge of its 
 executive and administrative functions is the issue of what 
 are known as " Orders in Council." Parliament itself 
 bring unable to legislate for all the details of a measure 
 of government which it may sanction, is forced, as a matter 
 of convenience and necessity, to entrust to the ministry 
 the privilege of issuing certain rules and regulations 
 necessary for the eiFective administration of matters in 
 charge of certain departments of government. Such rules 
 and regulations are framed by each department separately, 
 but in order to give them the validity of law they must 
 be authorised by the governor in council — that is to say, 
 each department submits these rules to the council, and 
 when they are approved by the governor-general on the 
 recommendation of that body, they have the force of a 
 statutory enactment. The executive id this respect acts 
 in a quasi legislative capacity. Its authority, as a rule, is 
 derived from the various statutes regulating the proce- 
 dure in all matters to which these orders relate. In 
 England, the Crown by virtue of its prerogative, can 
 issue certain proclamations and orders. It is in this way 
 parliament is summoned, prorogued, and dissolved. In 
 Canada similar powers are exercised in accordance with 
 the law. Many orders-in-council, which appear every 
 year in the operations of the departments of government, 
 have the direct authority of legislative enactment. By 
 reference to the statutes relating to the public depart- 
 ments, the management and expenditure of the public 
 revenues, the granting of patents and copyrights, tolls 
 
GOVERNMENT IN CANADA. 809 
 
 on canals, public wharves and docks and railways, the 
 prevention of contagious disease among cattle, quaran- 
 tine and health, the collection of criminal and other 
 statistics, the control of the coasting trade, adulteration 
 of food and drugs, the administration of affairs in the 
 district of Keewatin, the management of penitentiaries, 
 and countless other matters, we see how extended a 
 measure of legislative authority has been entrusted to 
 the governor-in-council.^ These orders are published re- 
 gularly in the Canada Gazette — and in the Gazettes of 
 the provinces when the orders are issued by the pro- 
 vincial executive — for the information of all persons 
 affected by the regulations in question. Copies of all 
 rules, regulations, forms, and other details of administra- 
 tive action necessary under the law, should appear in the 
 reports of each department entrusted with the manage- 
 ment of such matters. 
 
 It is by orders-in-council that the acts of the legislature 
 are disallowed by the governor-general, and proclamations 
 to that effect must appear in the Cariada Gazette. It is 
 always competent for parliament by formal address to the 
 governor-general to obtain possession of all orders in 
 pursuance of law, and consequently a great number of 
 such documents are annually laid upon the table of the 
 House for the information of members.^ Parliament 
 having' delegated a certain legislative power to the 
 executive has a right to review its action in all cases and 
 judge whether it has exercised the functions strictly in 
 accordance with law. 
 
 In addition to the orders issued in pursuance of parlia- 
 mentary authority by the privy council of Canada there 
 also appear in the Canada Gazette and the Canadian 
 
 ^ See " Consolidated orders-in-council of Canada published under the au- 
 thority and direction of the governor-general." By H. H. Bligh, Q. C, 
 1889. Also orders at commencement of dominion statutes every year. 
 
 2 See supra, 332. 
 
810 GENERAL OBSERVATIONS. 
 
 statutes from time to time, certain imperial orders-in- 
 council, applicable to the dominion, and necessary to 
 bring various imperial enactments and treaties into force 
 in that country. For instance, the provinces of British 
 Columbia and Prince Edward Island were brought leg- 
 ally into the confederation in pursuance of orders-in- 
 council issued under the authority of the British North 
 America Act of 1861/ 
 
 When a ministry is defeated in parliament its members 
 must resign their respective offices of state unless the 
 political conditions are such as to justify the governor- 
 general to grant them an appeal to the people. When, 
 however, they are prepared to giA'^e way to a new govern- 
 ment, they only remain in office until their. successors are 
 appointed. Up to that time they should carry on the work 
 of their departments. If the political body, known as 
 the cabinet or ministry is dissolved ipso facto by the death, 
 resignation or dismissal of the chief minister, the heads of 
 departments continue to hold office until they are asked 
 to retire or continue in office by the new premier.^ It is 
 always understood that in such an event it is for the pre- 
 mier to intimate his wishes in the matter. In this case, 
 however, it is the understandings and conventions of the 
 constitution that control the formation of the ministry. 
 
 From a legal point of view the heads of departments, 
 such as the minister of railways, the minister of finance, 
 or the minister of public works, hold their office by sta- 
 tutory enactment regulating their respective departments.^ 
 Their offices are held " during pleasure " and they must 
 either formally resign or be formally dismissed when the 
 cabinet is dissolved in accordance with constitutional 
 understandings. The premier, in the case of ministerial 
 
 ' Can. Stat, of 1872 and 1873, B. N. A. Act, s. 146 ; svpra, 48, 49. 
 » 16 Pari Deb., 735 ; 195 E. Hans. (3), 734. Mirror of P. 1830, pp. 273, 
 536, 541 ; lb. 1834, p. 2720. Todd ii., 513. 
 ' See svpra, 56-59. 
 
GOVERNMENT IN CANADA. 811 
 
 changes, is the official medium of communication by 
 whom the representative of the sovereign is informed of 
 all the circumstances/ In case an entirely new ministry 
 is formed by the premier, and all the members of the former 
 administration have resigned, those members of the privy 
 council who accept a departmental office in the govern- 
 ment must seek re-election in conformity with the statute 
 regulating the independence of parliament.^ The fact 
 that a man is sworn to the privy council, and is a member 
 of the political body, known as the cabinet or ministry 
 for the time being, does not vacate a seat in parliament 
 and demand a re-election by the people, but the fact that 
 a privy councillor is appointed to a certain salaried office 
 mentioned in the statute in question. "When there is a 
 reconstruction of a cabinet, on the death or resignation of 
 a premier, no re-election is necessary in the case of those 
 departmental heads who continue to hold office in the 
 government, though it may be a new government in a 
 political sense.^ Even if a minister should resign his 
 former office and take another in the new administration 
 no re-election is necessary in his case. It is not neces- 
 sary either under the English or the Canadian law for a 
 
 ' 205 E. Hans. (3), 1290 ; Wellington Despatches, 3d Ser. vol. iv, pp. 210, 
 213, 215. It is competent, however, for a minister to resign his office at a 
 formal interview with the sovereign or her representative- Lewis, 
 Administrations, 448, note. Walpole, Life of Perceval, ii., 234. 
 
 ^ Supra, 175 et seq- 
 
 " For instance, on the death of Sir B. Tach6 in 1865, Sir Narcisse Belleau 
 was made premier. The former members of the cabinet remained in 
 office. See Turcotte, Canada, Sons I'Union, ii., 565, 566. On the death 
 of Sir John Macdonald, in 1891, Mr. Abbott, a member of the privy council 
 and leader of the Senate, was appointed premier, and all members of the 
 former administration retained their offices. See Can. Haus. commence- 
 ment of vols., for 1890 and 1891, where there are list of ministers of each 
 cabinet. For English cases : Liverpool administration on assassination of 
 Mr. Perceval in 1812, Twiss, Life of Lord Eldon i., 493, 497; Eussell 
 administration on death of Viscount Palmerston in 1865, Ann. Eeg. 
 (1865), 159 ; Disraeli administration on retirement of Earl of Derby in 
 1868, Todd, i., 240. 
 
812 GENERAL OBSERVATIONS. 
 
 minister to vacate his seat in case he is re-appointed to 
 an office he had resigned upon a change of ministry 
 unless some one else had been appointed and held the 
 office in the interim. As stated by high authority " mi- 
 nisterial offices are not vacated by a mere resignation 
 but only on the appointment of a successor," ^ The 
 Canadian law, as shown elsewhere, provides only for a 
 re-election in the case of a minister resuming office after 
 he has resigned and a successor in a new administration 
 has occupied the same office.^ Members of a government 
 are sworn in as privy councillors and consequently 
 when a new cabinet is formed those men who have been 
 previous to that event sworn in as members of the 
 queen's privy council for Canada need not again take the 
 oath of office which binds them to secrecy,^ while acting 
 in that capacity. Once privy councillors, they remain so 
 until formally dismissed for good and sufficient cause 
 by the Crown.'' If reinstated then they must again be 
 sworn in as privy councillors.* 
 
 It will be seen from the foregoing brief review how 
 largely the precedents and conventions of the political 
 constitution of England mould and direct the parliament- 
 ary government of Canada. The written or fundamental 
 law lays down only a few distinct rules with reference to 
 
 1 See 2 Hatsell, 45 note, 894. 
 
 '' Supra, 177. 
 
 ^ "The obligation of keeping the King's counsel inviolably secret is one 
 that rests upon all cabinet ministers and other responsible advisers of 
 the Crown, by virtue of the oath which they take when they are made 
 members of the privy council." Todd, ii., 84. See lb. 83, 84. 
 
 * For instance, when Mr. Abbott was chosen premier in 1891, on the 
 death of Sir John Macdonald, it was not necessary for him to be sworn 
 in, as he was already a member of the privy council and of the cabinet 
 constitutionally dissolved. 
 
 ^ Case of Mr. Fox, dismissed in 1798, and reinstated in 1806, Jesse, 
 Geo. ill., vol. iii., pp. 361, 472. Also of Lord Melville, resworn of the 
 council, after his dismissal for alleged malfeasance in office. Haydn, 
 Book of Dignitaries, 135. 
 
GOVERNMENT IN CANADA. 813 
 
 the executive and legislative authority in the dominion 
 and the provinces, and leaves sufficient opportunity for 
 the play and operation of those flexible principles which 
 have made the parliamentary government of England and 
 of her dependencies so admirably suited to the develop- 
 ment of the best energies and abilities of a people. 
 
 Like the common law of England itself the system of 
 parliamentary government which Canadians now possess, 
 — to apply the language of an eminent American publicist 
 with respect to the common law — " is the outgrowth of 
 the habits of thought and action of the people. Its 
 maxims are those of a sturdy and independent race, 
 accustomed in an unusual degree to freedom of thought 
 and action, and to a share in the administration of public 
 affairs ; and arbitrary power and uncontrolled authority 
 are not recognised in its principles." ' 
 
 The law and custom of parliament — to which this 
 work has been mainly devoted, necessarily forms an im- 
 portant feature of the political system briefly outlined 
 in the first and the present chapter. It has already been 
 shown that the code of rules and usages which the 
 Canadian legislatures possess has been mainly derived 
 from that great system of conventional law which has 
 been moulded and worked out by the experience of cen- 
 turies of the illustrious prototype of all representative and 
 popular assemblies throughout the world.^ Some changes 
 have necessarily been made in the course of time by the 
 Canadian assemblies in their methods of procedure, but 
 on the whole, the main principles of English parliamentary 
 law have been retained in all their integrity and have 
 had their due influence in shaping the parliamentary 
 institutions of the country. By instituting a regular and 
 
 ' Cooley, Constitutional Limitations, pp. 32, 33. 
 
 " Lieber dwells upon Parliamentary Law as an essential guarantee of 
 freedom and one of the especial glories of the Anglican race. Civil 
 Liberty, 153. 
 
814 GENERAL OBSERVATIONS. 
 
 orderly procedure for the transaction of public business, 
 by affording legitimate opportunities for the free expres- 
 sion of opinion on every measure of importance, by pro- 
 yiding an effective machinery for amending and perfect- 
 ing legislation, by preventing surprise and haste in the 
 discussion of public measures, by protecting a minority 
 from the tyranny of a majority, by preventing as far as 
 possible unnecessary excitement and the adoption of rash 
 measures, by requiring that every motion shall be in 
 writing and subject to certain rules before it can be 
 passed — ^by conserving all these old and valued principles 
 and usages ' the parliamentary procedure of Canada is suf- 
 ficient to ensure that calm deliberation and caution v^hich 
 are absolutely essential for the conduct of public business. 
 It says much for the Canadian legislatures that they have 
 not yet been forced to adopt such rules of closure as the 
 English Commons have been obliged to adopt of late 
 years on account of a persistent and revolutionary system 
 of obstruction w^hich practically stopped the progress of 
 all public business. Neither have they ever discussed 
 the expediency of introducing those special rules of pro- 
 cedure which in the American congress stand in the 
 way of eflfective legislation. "Whilst recognising the 
 advantages of select committees for the purpose of per- 
 fecting details of legislation in special cases, they have 
 never been prepared to delegate their powers gener- 
 ally to such committees on every possible subject, and 
 
 ' Referring to the National Assembly of France, Sir Samuel Eomilly 
 (Life i, 75) says : " Much of the violence which prevailed in the assembly 
 would have been allayed and many rash measures unquestionably pre- 
 vented if their proceedings had been conducted with order and regularity. 
 If one single rule had been adopted, namely that every motion should be 
 reduced to writing before it was put from the chair, instead of proceed- 
 ing as was their constant course, by first resolving the principle as they 
 called it (d^cr^ter le principe) and leaving the drawing up of what they 
 had so resolved or as they called it (la redaction) for a subsequent oper- 
 ation, it is astonishing how great an influence it would have had on their 
 debates and on their measures." 
 
GOVERNMENT IN CANADA. 815 
 
 to limit their own opportunities for the discussion and 
 consideration of public measures. Grovernment by com- 
 mittees has always been severely criticized by cautious 
 and thoughtful political critics in Canada as contrary to 
 that principle of free discussion and full deliberation in 
 the House itself which best educates the public mind on 
 every public question, and is characteristic of the exist- 
 ing system of parliamentary government in Canada/ It 
 is true at times the patience of the popular assemblies has 
 been severely tried by the efforts of violent partisanship, 
 and the legitimate limits of discussion have been much 
 exceeded, especially in committees of the whole, but it 
 has been thought preferable so far to ignore such tem- 
 porary ebullitions of political excitement, and to adhere 
 to those old rules which give every opportunity to free 
 criticism and in the end ensure a deliberate conclusion 
 on every subject of public importance. At times, it has 
 been already shown, there is a tendency in the Cana- 
 dian legislatures to ignore those ancient rules which re- 
 quire every possible deliberation in the passage of any 
 measure involving expenditure and revenue.^ The prac- 
 tice of bringing up motions without notice on going into 
 committee of supply is also calculated to prevent the 
 House discussing fully and intelligently questions of 
 public importance.' On the whole, however, the Cana- 
 
 ' " There is only one part of its business to which Congress, as a whole, 
 attends ; that part, namely, which is embraced under the privileged 
 subjects of revenue and supply. The House sits [in other cases of legis- 
 lation] not for serious discussion, but to sanction the conclusions of its 
 committees as rapidly as possible. It legislates in its committee rooms ; 
 not by the determination of majorities, but by the resolutions of specially 
 commissioned minorities ; so that it is not far from the truth to say that 
 Congress in session, is Congress on public exhibition, while Congress in 
 its committee rooms is Congress at work." Wilson, Congressional Govern- 
 ment 78, 79. The Senate of the United States Congress has 41 standing 
 committees ; the House of Representatives, 54 in all. 
 
 ^ See supra, 567. 
 
 ^ See remarks of Mr. Ouimet, formerly speaker, Can. Hans. 1891, Aug, 13. 
 
816 GENERAL OBSERVATIONS. 
 
 dian representative assemblies are able to give the fullest 
 expression of their will through those rules of procedure 
 which they have adopted from the old English code, and 
 consequently their history illustrates both in this and 
 other particulars, briefly reviewed in this chapter, how 
 closely they adhere to those principles and methods of 
 legislation and administration which have made Eng- 
 land and her dependencies the freest self-governing com- 
 munities of the world. 
 
APPENDIX. 
 
 A. British North America Act, 1867 819 
 
 B. An Act respecting the estabhshment of Provinces in the Dominion 
 
 ofCanada (34-35 Vict., c. 28) 859 
 
 C. An Act to remove certain doubts with respect to the powers of 
 
 the Parliament of Canada under section 18 of the B.N.A. Act, 
 1867 (38-39 Vict., c. 38) 860 
 
 D. An Act respecting the representation In the Parliament of Canada 
 
 of Territories which for the time being form part of the Bomlnlon 
 of Canada, but are not included In any province, (49-50 Vict., c. 
 35) 862 
 
 E. Governor-General's Commission, Instructions, etc 863 
 
 F. Proclamation summoning Parliament for despatch of business. .. 870 
 
 G. Prayers In the Commons 871 
 
 H. Forms of Motions 872 
 
 I. Forms of Petitions 877 
 
 J. Forms of resignation of members ; Speaker's warrants for new 
 
 writs of election, etc 878 
 
 K. Model Bill for Railway Charters 880 
 
 L. Standing Orders of English Commons respecting Closure, etc . . . 882 
 M. Table showing date of meeting, close, duration, prorogation and 
 
 dissolution of the Parliament of Canada, 1867-1891 888 
 
 N. Forms for petitions and other proceedings for Divorce 889 
 
 O. Supplementary Notes to text of this work 892 
 
 52 
 
APPENDIX. 
 
 A. 
 
 THE BRITISH NORTH AMERICA ACT, 1867. 
 
 ANNO TRICESIMO BT TRICESIMO-PEIMO VIOTORIiB BEGINS, 
 CAP. III. 
 
 An Act for the Union of Canada, Nova Scotia and New Brunswick, 
 and the Government thereof, and for purposes connected thereviith. 
 
 [29th March, ISeT.j 
 
 WHBEEAS the Provinces of Canada, Nova Scotia and 
 New Brunswick have expressed their Desire to be 
 federally united into One Dominion under the Crown of 
 the United Kingdom of Great Britain and Ireland, with 
 a Constitution similar in Principle to that of the United 
 Kingdom : 
 
 And whereas such a Union would conduce to the Wel- 
 fare of the Provinces and promote the Interests of the 
 British Empire : 
 
 And whereas on the Establishment of the Union by 
 Authority of Parliament, it is expedient, not only that 
 the Constitution of the Legislative Authority in the Do- 
 minion be provided for, but also that the Nature of the 
 Executive Grovernment therein be declared : 
 
 And whereas it is expedient that Provision be made 
 for the eventual Admission into the Union of other Parts 
 of British North America : 
 
 Be it therefore enacted and declared by the Queen's 
 Most Excellent Majesty, by and with the Advice and 
 Consent of the Lords Spiritual and Temporal, and Com- 
 mons, in this present Parliament assembled, and by the 
 Authority of the same, as follows : 
 
820 
 
 APPENDIX. 
 
 I. — PRBLIMINARr. 
 
 Short Title. 1. This Act may be cited as the British North America 
 Act, 1867. 
 
 Appiica- 2. The Provisions of this Act referring to Her Ma-jesty 
 ^sfonsre-'tlie Queen extend also to the Heirs and Successors of 
 f erring to Her Majesty, Kings and Queens of the United Kingdom 
 the Qaeen. ^^ q^^^^ Britain and Ireland. 
 
 Declara^ 
 tion of 
 Union. 
 
 Construc- 
 tion of snb- 
 seqaent 
 Provisions 
 of Act. 
 
 Four Pro- 
 vinces. 
 
 II. — UNION. 
 
 3. It shall be lawful for the Queen, by and with the 
 Advice of Her Majesty's Most Honourable Privy Council, 
 to declare by Proclamation that, on and after a Day 
 therein appointed, not being more than Six Months after 
 the passing of this Act, the Provinces of Canada, Nova 
 Scotia and JSTew Brunswick shall form and be One Domi- 
 nion under the name of Canada ; and on and after that 
 Day those Three Provinces shall form and be One Domi- 
 nion under that Name accordingly, 
 
 4. The subsequent Provisions of this Act shall, unless 
 it is otherwise expressed or implied, commence and have 
 effect on and after the Union, that is to say, on and after 
 the Day appointed for the Union taking effect in the 
 Queen's Proclamation ; and in the same Provisions, un- 
 less it is otherwise expressed or implied, the Name Can- 
 ada shall be taken to mean Canada as constituted under 
 this Act. 
 
 5. Canada shall be divided into Four Provinces, named 
 Ontario, Quebec, Nova Scotia, and New Brunswick. 
 
 Provinces 6. The Parts of the Province of Canada (as it exists at 
 of Ontario the passing of this Act) which formerly constituted re- 
 spectively the Provinces of Upper Canada and Lower 
 Canada, shall be deemed to be severed, and shall form 
 Two Separate Provinces. The Part which formerly con- 
 stituted the Province of Upper Canada shall constitute 
 the Province of Ontario ; and the Part which formerly 
 constituted the Province of Lower Canada shall consti- 
 tute the Province of Quebec. 
 
 Provinoes ►f. The Provinces of Nova Scotia and New Brunswick 
 tia and New shall havc the same Limits as at the passing of this Act. 
 
 Brunswick. 
 
 Decennial ^- I'^ *^® general Census of the Population of Canada 
 
 Census. which is hereby required to be taken in the year One 
 
 thousand eight hundred and seventy-one, and in every 
 
BRITISH NORTH AMERICA ACT. 821 
 
 Tenth Year Ihei-eafter, the respective Populations of the 
 Four Provinces shall be distinguished. 
 
 III. — EXECUTIVE POWER. 
 
 9. The Executive Government and Authority of andpeoiara- 
 over Canada is hereby declared to continue and be vested Executive 
 •in the Queen. Poj-'i-^. 
 
 10. The Provisions of this Act referring to the Governor- AppUoa- 
 General extend and apply to the Governor-General for provisions 
 the Time being of Canada, or other the Chief Executive f^f^^ring 
 Officer or Administrator for the Time being carrying on Govemor- 
 the Government of Canada on behalf and in the name of '*®''®'°''' 
 the Queen, by whatever title he is designated. 
 
 11. There shall be a Council to aid and advise in theconstitu- 
 Government of Canada, to be styled the Queen's Privy pj-^"^ 
 Council for Canada ; and the Persons who are to be Mem- Council for 
 bers of that Council shall be from Time to Time chosen ^'"'°''*''- 
 and summoned by the Governor-General and sworn in 
 
 as Privy Councillors, and Members thereof may be from 
 Time to Time removed by the Governor-General. 
 
 12. All Powers, Authorities, and Functions which under au powers 
 any Act of the Parliament of Great Britain, or of the J'^gl'^eter- 
 Parliament of the United Kingdom of Great Britain and oiaed by 
 Ireland, or of the Legislature of Upper Canada, Lower (jenlrai"^ 
 Canada, Canada, Nova Scotia or New Brunswick, are at jj'^j.j»dviee 
 the Union vested in or exercisable by the respective Go- Council, 
 vernors or Lieutenant-Governors of those Provinces, with ""^ *'"''*• 
 the Advice, or with the Advice and Consent, of the res- 
 pective Executive Councils thereof, or in conjunction with 
 
 those Councils, or with any number of Members thereof, 
 or by those Governors or Lieutenant-Governors indivi- 
 dually, shall, as far as the same continue in existence 
 and capable of being exercised after the Union, in relation 
 to the Government of Canada, be vested in and exercis- 
 able by the Governor General, with the Advice or with 
 the Advice and Consent of or in conjunction with the 
 Queen's Privy Council for Canada, or any Members 
 thereof, or by the Governor-General individually, as the 
 Case requires, subject nevertheless (except with respect to 
 such as exist under Acts of the Pai'liament of Great 
 Britain or of the Parliament of the United Kingdom of 
 Great Britain and Ireland) to be abolished or altered by 
 the Parliament of Canada. uJn pf^ 
 
 Provisions 
 
 13. The Provisions of this Act, referring to the G-over- «ferrmg to 
 nor-General in Council shall be construed as referring to General in 
 
 Council. 
 
822 APPENDIX. 
 
 the Governor-General acting by and with the Advice of 
 the Queen's Privy Council for Canada. 
 
 to Sir ■*■*• ^* ^^^^^ ^® lawful for the Queen, if Her Majesty 
 
 Majesty to thinks fit, to authorize the Governor-Genei-al from Time 
 Goveriior ^ Time to appoint any Person or any Persons jointly or 
 General to severally to be his Deputy or Deputies within any Part 
 D^puTies. or Parts of Canada, and in that Capacity to exercise 
 during the Pleasure of the Governor-General such of the 
 Powers, Authorities and Functions of the Governor-Gen- 
 eral as the Governor-General deems it necessary or expe- 
 dient to assign to him or them, subject to any Limitations 
 or Directions expressed or given by the Queen ; but the 
 Appointment of such a Deputy or Deputies, shall not 
 affect the Exercise by the Governor-General himself of 
 any Power, Authority, or Function. 
 
 ofarmtd* ^5. The Command-in-Chief of the Land and Naval 
 ■"ontfn '°t Mili*'i*> ^^^ of all Naval and Militaiy Forces, of and in 
 be vested in Canada, is hereby declared to continue and be vested in 
 
 the Queen, jj^g Qugen. 
 
 6ove?n- ^6. Until the Queen otherwise directs, the Seat of 
 
 ment of Government of Canada shall be Ottawa. 
 
 Canada. 
 
 IV. — LEGISLATIVE POWER. 
 
 Constitu- lY. There shall be One Parliament for Canada, consist- 
 Parliament ing of the Queen, an "Upper House styled the Senate, and 
 of Canada, the HouBC of Commons. 
 
 Privileges, 18. The Privileges, Immunities, and Powers to be held, 
 Hoiis'es. enjoyed and exercised by the Senate and by the House 
 of Commons, and by the Members thereof respectively, 
 shall be such as are from Time to Time defined by Act 
 of the Parliament of Canada, but so that the same shall 
 never exceed those at the passing of this Act held, enjoyed, 
 and exercised by the Commons House of Parliament of 
 the United Kingdom of Great Britain and Ireland, and 
 by the Members thereof/ 
 
 fionpFfte^ 1^- The Parliament of Canada shall be called together 
 Parliament not later than Six months after the Union. 
 
 of Canada. 
 
 Yearly Ses- 20. There shall be a Session of the Parliament of Canada 
 Pariilment once at least in every Tear, so that Twelve months shall 
 of Canada, not intervene between the last sitting of the Parliament 
 in one Session and its first Sitting in the next Session. 
 
 1 Amended by 38-39 Vict. c. 38. See infra, App. C. 
 
BRITISS NORTH AMERICA ACT. 823 
 
 The Senate. 
 
 21. The Senate shall, subject to the Provisions of thisj^umberof 
 Act, consist of Seventy-two Members, who shall be styled Senators. 
 Senators. 
 
 22. In relation to the Constitution of the Senate, Canada atlSn of"*' 
 shall be deemed to consist of Three Divisions : — Provinces 
 
 in Senate. 
 
 (1.) Ontario ; 
 (2.) Quebec; 
 
 (3.) The Maritime Provinces : Nova Scotia and New 
 Brunswick; which Three Divisions shall (subject tO|the 
 Provisions of this Act) be equally represented in the Sen- 
 ate as follows : Ontario by Twenty-four Senators ; Quebec 
 by Twenty-four Senators ; and the Maritime Provinces by 
 Twenty-four Senators, Twelve thereof representing Nova 
 Scotia and Twelve thereof representing New Brunswick. 
 
 In the case of Quebec, each of the Twenty-four Senators 
 representing that Province shall be appointed for one of 
 the Twenty-four Electoral Divisions of Lower Canada 
 specified in Schedule A, to Chapter One of Consolidated 
 Statutes of Canada. 
 
 23. The Qualifications of a Senator shall be as follows :— fcs'or 
 
 (1.) He shall be of the full Age of Thirty years. 
 
 (2.) He shall be either a Natural-born Subject of the 
 Queen, or a Subject of the Queen naturalized by 
 an Act of the Parliament of Great Britain, or of the 
 Parliament of the United Kingdom of Great 
 Britain and Ireland, or of the Legislature of One 
 of the Provinces of Upper Canada, Lower Canada, 
 Canada, Nova Scotia, or New Brunswick, before 
 the Union, or of the Parliament of Canada after 
 the Union. 
 
 (3.) He shall be legally or equitably seized as of Free- 
 hold for his own Use and Benefit of Lands or 
 Tenements held in free and Common Soccage, or 
 seized or possessed for his own Use and Benefit of 
 Lands or Tenements held in Pi-anc-alleu or in Eo- 
 ture, within the Provincefor which he is appointed, 
 of the value of Four Thousand Dollars, over and 
 above all Eents, Dues, Debts, Charges, Mortgages 
 and Incumbrances due or payable out of, or charged 
 on or affecting the same ; 
 
 (4.) His Eeal and Personal Property shall be together 
 worth four Thousand Dollars over and above his 
 Debts and Liabilities ; 
 
824 
 
 APPENDIX. 
 
 (5.) He shall be resident in the Province for which he 
 
 is appointed ; 
 (6.) In the Case of Quebec, he shall have his Eeal Pi-o- 
 
 perty qualification in the Electoral Division for 
 
 which he is appointed, or shall be resident in that 
 
 Division. 
 
 Snmmons 
 of Senator. 
 
 24. The Governor-General shall from Time to Time, in 
 the Queen's Name, by Instrument under the Great Seal 
 of Canada, summon qualified persons to the Senate ; and, 
 subject to the Provisions of this Act, every person so 
 summoned shall become and be a Member of the Senate 
 and a Senator. 
 
 of Firat"^ 25. Such persons shall be first summoned to the Senate 
 Body of as the Queen by Warrant under Her Majesty's Eoyal 
 Sign Manual thinks fit to approve, and their names shall 
 be inserted in the Queen's Proclamation of Union. 
 
 Senators. 
 
 26. If at any Time, on the Eecommendation of the 
 Governor-General, the Queen thinks fit to direct that 
 Three or Six Members be added to the Senate, the Gover- 
 nor-General may, by Summons to Three or Six Qualified 
 Persons (as the case may be), representing equally the 
 Three Divisions of Canada, add to the Senate accordingly. 
 
 2*7. In case of such Addition being at any Time made, 
 the Governor-General shall not summon any Person to 
 the Senate, except on a further like Direction by the 
 Queen on the like Eecommendation, until each of the 
 Three Divisions of Canada is represented by Twenty-four 
 Senators, and no more. 
 
 Maximum 28. The Number of Senators shall not at any time ex- 
 
 numoer oi , ^ . . , , *> 
 
 Senators, ceed Seventy-eight. 
 
 pfa°o"fn°* 29. A Senator shall, subject to the Provisions of this 
 Senate. Act, hold his place in the Senate for life. 
 
 Addition 
 of Senators 
 in certain 
 cases. 
 
 Reduction 
 of Senate 
 to normal 
 number. 
 
 Kesigna- 30. A Senator may, by writing under his hand, ad- 
 piaoein dressed to the Governor-General, resign his place in the 
 Senate. Senate, and thereupon the same shall be vacant. 
 
 ?ation*rf ' 31- '^^® place of a Senator shall become vacant in any 
 Senators, of the following cases : — 
 
 (1.) If for two Consecutive Sessions of the Parliament 
 he fails to give his Attendance in the Senate ; 
 
 (2.) If he takes an Oath or makes a Declaration or Ac- 
 knowledgment of Allegiance, Obedience or Adhe- 
 
BRITISH NORTH AMERICA ACT. 825 
 
 rence to a Foreign Power, or does an Act whereby 
 he becomes a Subject or Citizen, or entitled to the 
 Eights or Privileges of a Subject or Citizen of a 
 Foreign Power ; 
 
 (3.) If he is adjudged Bankrupt or Insolvent, or applies 
 for the benefit of any Law relating to Insolvent 
 debtors, or becomes a public defaulter ; 
 
 (4.) If he is attainted of Treason, or convicted of Felony 
 or of any infamous Crime ; 
 
 (5.) If he ceases to be qualified in respect of Property 
 or of Eesidence ; provided that a Senator shall not 
 be deemed to have ceased to be qualified in respect 
 of Eesidence by reason only of his residing at the 
 Seat of Grovernment of Canada while holding an 
 Office under that Government requiring his Pre- 
 sence there. 
 
 32. When a vacancy happens in the Senate by Eesig- Summons 
 nation, Death or otherwise, the Governor-General shall, ""seSe? 
 by Summons to a fit and qualified Person, fill the Va- 
 cancy. 
 
 33. If any Question arises respecting the Qualification as to quaii- 
 of a Senator or a Vacancy in the Senate, the same shall and'viwian- 
 be heard and determined by the Senate. "i«s •" 
 
 Senate. 
 
 34. The Governor-General may from Time to Time, Appoint- 
 by Instrument under the Great Seal of Canada, appoint speaker of 
 a Senator to be Speaker of the Senate, and may remove Senate. 
 him and appoint another in his stead. 
 
 35. Until the Parliament of Canada otherwise provides. Quorum of 
 the Presence of at least Fifteen Senators, including the ®°* "' 
 Speaker, shall be necessary to constitute a Meeting of 
 
 the Senate for the exercise of its Powers. 
 
 36. Questions arising in the Senate shall be decided by voting in 
 a majority of Voices, and the Speaker shall in all Cases S^°**^- 
 have a vote, and when the voices are equal the Decision 
 
 shall be deemed to be in the Negative. 
 
 The House of Commons. 
 
 3'7. The House of Commons shall, subject to the Provi- oonstitu- 
 sions of this Act, consist of One hundred and eighty-one ^"""^f^^ 
 Members, of whom Eighty-two shall be elected for On- Commons 
 tario. Sixty-five for Quebec, Nineteen for Nova Scotia, '° '^^°***- 
 and Fifteen for New Brunswick. 
 
826 APPENDIX. 
 
 Summon- 38. The Govemor-Greneral shall from Time to Time, in 
 House of t^® Queen's name, hy Instrument under the Great Seal 
 Commons, of Canada, summon and call together the House of Com- 
 mons. 
 
 Senators 39. A Senator shall not be capable of being elected, or 
 House of '° of sitting or voting as a Member of the House of Corn- 
 Commons, nions. 
 
 Electoral 40. Until the Parliament of Canada otherwise provides, 
 of the°four Ontario, Quebec, Nova Scotia and New Brunswick shall. 
 Provinces, for the Purposes of the Election of Members to serve in 
 the House of Commons, be divided into Electoral Dis- 
 tricts as follows :— 
 
 I.— ONTAEIO. 
 
 Ontario shall be divided into the Counties, Eidings of 
 Counties, Cities, Parts of Cities, and Towns enumerated 
 in the First Schedule to this Act, each whereof shall be 
 an Electoral District, each such District as numbered 
 in that Schedule being entitled to return One Member. 
 
 II.— QUEBEC. 
 
 Quebec shall be divided into Sixty-five Electoral Dis- 
 ricts, composed of the Sixty-five Electoral Divisions ifito 
 which Lower Canada is at the passing of this Act divided 
 under Chapter Two of the Consolidated Statutes of Can- 
 ada, Chapter Seventy-five of the Consolidated Statutes for 
 Lower Canada, and the Act of the Province of Canada of 
 the Twenty-third year of the Queen, Chapter One, or any 
 other Act amending the same in force at the Union, so 
 that each such Electoral Division shall be for the Purposes 
 of this Act an Electoral District entitled to return One 
 Member. 
 
 III.— NOVA SCOTIA. 
 
 Bach of the Eighteen Counties of Nova Scotia shall be 
 an Electoral District. The County of Halifax shall be 
 entitled to return Two Members, and each of the other 
 Counties One Member. 
 
 IV.— NEW BEUNSWICK. 
 
 Each of the Fourteen Counties into which New Bruns- 
 wick is divided, including the City and County of St. 
 John, shall be an Electoral District. The City of St. John 
 
BRITISH NORTH AMERICA ACT. 821 
 
 shall also be a separate Electoral District. Bach of those 
 Fifteen Electoral Districts shall be entitled to return One 
 Member. 
 
 41 . Until the Parliament of Canada otherwise provides, Continu- 
 all Laws in force in the several Provinces at the Union |xfs«ng 
 relative to the following Matters or any of them, namely, Election 
 — the Qualifications and Disqualifications of Persons to be Parliament 
 elected or to sit or vote as Members of the House of As- °f^g°y^^^* 
 sembly or Legislative Assembly in the several Provinces, provides. 
 the Yoters at Elections of such Members, the Oaths to be 
 
 taken by Voters, the Eeturning Officers, their Powers and 
 Duties, the Proceedings at Elections, the Periods during 
 which Elections may be continued, the Trial of Contro- 
 verted Elections and Proceedings incident thereto, the 
 vacating of Seats of Members, and the Execution of new 
 Writs, in case of Seats vacated otherwise than by Disso- 
 lution, — shall respectively apply to Elections of Members 
 to serve in the House of Commons for the same several 
 Provinces. 
 
 Provided that, until the Parliament of Canada other- proTiso as 
 wise provides, at any Election for a Member of the House *° Aigoma. 
 of Commons for the District of Algoma, in addition to 
 Persons qualified by the Law of the Province of Canada 
 to vote, every male British Subject, aged Twenty-one 
 Years or upwards, being a Householder, shall have a 
 Vote. 
 
 42. For the First Election of Members to serve in the writs for 
 House of Commons, the Governor-General shall cause |'j|'.j ^ 
 Writs to be issued by such Person, in such Form and ad- 
 dressed to such Eeturning Officers as he thinks fit. 
 
 The Person issuing Writs under this Section shall have 
 the like Powers as are possessed at the Union by the 
 Officers charged with the issuing of Writs for the Election 
 of Members to serve in the respective House of Assembly 
 or Legislative Assembly of the Province of Canada, Nova 
 Scotia or New Brunswick ; and the Eeturning Officers to 
 whom Writs are directed under this Section shall have 
 the like Powers as are possessed at the Union by the Offi- 
 cers charged with the returning of Writs for the Election 
 of Members to serve in the same respective House of As- 
 sembly or Legislative Assembly. 
 
 43. In case a vacancy in the Eepresentation in thcAsto 
 House of Commons of any Electoral District happens S?™*^ . 
 before the Meeting of the Parliament, or after the Meet- . 
 ing of the Pai'liament before Provision is made by the 
 
828 
 
 APPENDIX. 
 
 Parliament in this behalf, the Provisions of the last fore- 
 going Section of this Act shall extend and apply to the 
 issuing and returning of a Writ in respect of such vacant 
 District. 
 
 As to Elec- 
 tion of 
 
 44. The House of Commons, on its first assembling 
 ^eaker of after a general Election, shall proceed vrith all practicable 
 CommoM speed to elect One of its Members to be Speaker. 
 
 As to filling 45. In case of a Vacancy happening in the Office of 
 Vjp^oa°«y Speaker, by Death, Eesignation or otherwise, the House 
 Speaker, of Commons shall, with all practicable Speed, proceed to 
 elect another of its Members to be Speaker. 
 
 Speaker to 46. The Speaker shall preside at all meetings of the 
 preside. House of Commons. 
 
 Provision 
 in case of 
 absence of 
 Speaker. 
 
 Quorum of 
 House of 
 Commons. 
 
 47. Until the Parliament of Canada otherwise provides, 
 in case of the Absence, for any Eeason, of the Speaker 
 from the Chair of the House of Commoos for a period of 
 Forty-eight Consecutive Hours, the House may elect 
 another of its Members to act as Speaker, and the Mem- 
 ber so elected shall, during the Continuance of such Ab- 
 sence of the Speaker, have and execute all the Powers, 
 Privileges and Duties of Speaker. 
 
 48. The Presence of at least Twenty Members of the 
 House of Commons shall be necessary to constitute a 
 Meeting of the House for the Exercise of its Powers ; 
 and for that Purpose the Speaker shall be reckoned as a 
 Member. 
 
 Voting in 49. Questions arising in the House of Commons shall 
 CommoM ^® decided by a Majority of Voices other than that of the 
 Speaker, and when the Voices are equal, but not other- 
 wise, the Speaker shall have a Vote. 
 
 Duration of 50. Every House of Commons shall continue for Five 
 Commons. Years from the day of the Eeturn of the Writs for choos- 
 ing the House (subject to be sooner dissolved by the 
 Governor-Creneral), and no longer. 
 
 Decennial 
 Readjust- 
 ment of 
 Represent- 
 ation. 
 
 51. On the completion of the Census in the Year one 
 thousand eight hundred and seventy-one, and of each 
 subsequent decennial Census, the Eepresentation of the 
 Four Provinces shall be readjusted by such Authority, 
 in such a manner, and from such time as the Parliament 
 of Canada from Time to Time provides, subject and ac- 
 cording to the following Rules : — 
 
 (1 .) Quebec shall have the fixed Number of Sixty-five 
 Members ; 
 
BRITISH NORTH AMERICA ACT. 829 
 
 (2.) There shall be assigned to each of the other Pro- 
 vinces such a number of Members as will bear the 
 same Proportion to the Number of its Population 
 (ascertained at such Census) as the Number Sixty- 
 five bears to the Number of the Population of 
 Quebec, (so ascertained) ; 
 
 (3.) In the Computation of the Number of Members for 
 a Province, a fractional Part not exceeding One- 
 half of the whole number requisite for entitling 
 the Province to a Member shall be disregarded ; 
 but a fractional Part exceeding One-half of that 
 number shall be equivalent to the whole number ; 
 
 (4.) On any such Eeadjustment the Number of Mem- 
 bers for a Province shall not be reduced unless the 
 Proportion which the number of the Population of 
 the Province bore to the Number of the aggregate 
 population of Canada at the then last preceding 
 Eeadjustment of the Number of Members for the 
 Province is ascertained at the then latest Census 
 to be diminished by One-twentieth Part or up- 
 wards ; 
 
 (5.) Such Eeadjustment shall not take effect until the 
 Termination of the then existing Parliament. 
 
 52. The Number of Members of the House of Commons increase of 
 may be from Time to Time increased by the Parliament i™^*'^' of 
 of Canada, provided the proportionate Eepresentation of Commons, 
 the Provinces prescribed by this Act is not thereby dis- 
 turbed. 
 
 Money Votes ; Royal Assent. 
 
 53. Bills for appropriating any part of the Public Ee-Appropri- 
 venue, or for imposing any Tax or Impost, shall originate lax Bmi 
 in the House of Commons. 
 
 54. It shall not be lawful for the House of Commons to Reoom-_ 
 adopt or pass any "Vote, Eesolution, Address, or Bill for Kone™ 
 the appropriation of any Part of the Public Eevenue, or votes. 
 
 of any Tax or Impost, to any purpose, that has not been 
 first recommended to that House by Message of the Gov- 
 ernor-General in the Session in which such Vote, Eeso- 
 lution, Address, or Bill is proposed. 
 
 55. Where a Bill passed by the Houses of Parliament Royal 
 
 is presented to the Governor-General for the Queen's BiUg°^o° 
 Assent, he shall declare, according to his discretion, but 
 subject to the Provisions of this Act and to Her Majesty's 
 
830 
 
 APPENDIX. 
 
 Disallow- 
 ance by 
 Order in 
 Council of 
 Act assent- 
 ed to by 
 Governor 
 General. 
 
 Significa- 
 tion of 
 Queen's 
 pleasure 
 on Bill 
 reserved. 
 
 Instructions, either that he assents thei'eto in the Queen's 
 Name, or that he withholds the Queen's Assent, or that 
 he reserves the Bill for the Signification of the Queen's 
 Pleasure. 
 
 56. Where the G-overnor-General assents to a Bill in 
 the Queen's Name, he shall by the first convenient Op- 
 portunity send an authentic Copy of the Act to One of 
 Her Majesty's Principal Secretaries of State, and if the 
 Queen in Council within Two Tears after receipt thereof 
 by the Secretary of State thinks fit to disallow the Act, 
 such Disallowance (with a certificate of the Secretary of 
 State of the Bay on which the Act was received by him) 
 being signified by the Grovernor-G-eneral, by speech or 
 Message to each of the Houses of the Parliament or by 
 Proclamation, shall annul the Act from and after the 
 Day of such Signification. 
 
 ST. A bill reserved for the Signification of the Queen's 
 Pleasure shall not have any Force unless and until within 
 Two Years from the day on which it was presented to the . 
 G-overnor-General for the Queen's Assent, the Governor- 
 General signifies, by Speech or Message to each of the 
 Houses of the Parliament or by Proclamation, that it has 
 received the assent of the Queen in Council. 
 
 An Entry of every such Speech, Message, or Proclama- 
 tion shall be made in the Journal of each House, and a 
 Duplicate thereof duly attested shall be delivered to the 
 proper ofB.cer to be kept among the Eecords of Canada. 
 
 V. — PROVINCIAL CONSTITUTIONS. 
 
 Executive Power. 
 
 4eSt rf" 58. For each Province there shall be an Officer, styled 
 Lieutenant the Lieutenant-Governor, appointed by the Governor- 
 of Pro-"'^ General in Council by Instrument under the Great Seal 
 vinces. of Canada. 
 
 Tenure of 59. A Lieutenant-Governor shall hold Office during the 
 Lieutenant Pleasure of the Governor -General ; but any Lieutenant- 
 Governor. Governor appointed after the Commencement of the First 
 Session cf the Parliament of Canada shall not be remov- 
 able within Five Years from his Appointment, except for 
 cause assigned, which shall be communicated to him in 
 Writing within One Month after the Order for his Ee- 
 moval is made, and shall be communicated by Message 
 to the Senate and to the House of Commons within 
 One Week thereafter if the Parliament is then sitting. 
 
BRITISH NORTH AMERICA ACT. 831 
 
 and if not then, within One Week after the Commence- 
 ment of the next Session of the Parliament. 
 
 60. The Salaries of the Lieutenant-Governors shall be Salaries of 
 fixed and provided by the Parliament of Canada. HovernOTs! 
 
 61. Every Lieutenant-Governor shall, before assuming oaths, &o., 
 the Duties of his office, make and subscribe before the ^^^^jj*'"'™'' 
 Governor-General or some Person authorized by him, 
 
 Oaths of Allegiance and Office similar to those taken by 
 the Governor-General. 
 
 62. The Provisions of this Act referring to the Lieu- Application 
 tenant- Governor extend and apply to the Lieutenant- 5joSB°refer- 
 Govornor for the Time being of each Province or other ■"'."s J" 
 the Chief Executive Officer or Administrator for the Time Governor, 
 being carrying on the Government of the Province, by 
 whatever Title he is designated. 
 
 63. The Executive Council of Ontario and Quebec shall ^ppo'°^ 
 be composed of such Persons as the Lieutenant-Governor Executive 
 from Time to Time thinks fit, and in the first instance of Ontario ank 
 the following Officers, namely, the Attorney-General, the Quebec. 
 Secretary and Eegistrar of the Province, the Treasurer of 
 
 the Province, the Commissioner of Ci'own Lands, and the 
 Commissioner of Agriculture and Public Works, within 
 Quebec, the Speaker of the Legislative Council and the 
 Solicitor-General. 
 
 64. The Constitution of the Executive Authority in Executive 
 each of the Provinces of Nova Scotia and New Brunswick ^gnt™f 
 shall, subject to the Provisions of this Act, continue as Nova Scotia 
 it exists at the Union, until altered under the Authority Irunswkk 
 of this Act. 
 
 65. All Powers, Authorities, and Functions which under Powers to 
 any Act of the Parliament of Great Britain, or of the efgedby 
 Parliament of the United Kingdom of Great Britain and Lieutenant 
 Ireland, or of the Legislature of Upper Canada, Lower o/ontario 
 Canada, or Canada, were or are before or at the Union ^"-t^^l^^oe 
 vested in or exerciseable by the respective Governors or or alone. 
 Lieutenant-Governors of those Province8,with the Advice 
 
 or with the Advice and Consent, of the respective Execu- 
 tive Councils thereof, or in conjunction with those Coun- 
 cils or with any Number of Members thereof, or by those 
 Governors or Lieutenant-Governors individually, shall, as 
 far as the same are capable of being exercised after the 
 Union in relation to the Government of Ontario and 
 Quebec respectively, be vested in and shall or may be 
 
832 APPENDIX. 
 
 exercised by the Lieutenant-Governor of Ontario and 
 Quebec respectively, with the Advice, or with the Advice 
 and Consent of, or in conjunction with the respective 
 Executive Councils or any Members thereof, or by the 
 LieutenantrG-overnor individually, as the case requires, 
 subject nevertheless, (except with respect to such as exist 
 under Acts of the Parliament of Great Britain, or of the 
 Parliament of the United Kingdom of Great Britain and 
 Ireland), to be abolished or altered by the respective Le- 
 gislatures of Ontario and Quebec. 
 
 tion of*' ^®- ^^® Provisions of this Act referring to the Lieuten- 
 provisjons ant-Governor in Council shall be construed as referring to 
 Lieutenant' the Lieutenant-Governor of the Province acting by and 
 Governor in -with the Advice of the Executive Council thereof. 
 
 Council. 
 
 Adminis- 67. The Governor-General in Council may from Time 
 absence, to Time appoint an Administrator to execute the OfSce 
 Lieutenant ^^^ Functions of Lieutenant-Governor during his Ab- 
 Governor. sence. Illness, or other Inability. 
 
 Seats of 68. Unless and until the Executive Government of any 
 
 Provincial Province otherwise directs with respect to that Province, 
 meut. the Seats of Government of the Provinces shall be as fol- 
 lows, namely, — of Ontario, the City of Toi'onto ; of Que- 
 bec, the City of Quebec ; of JSTova Scotia, the City of 
 Halifax; and of New Brunswick, the City of Predericton. 
 
 Legislative Power. 
 
 1.— ONTAEIO. 
 
 Legislature 69. There shall be a Legislature for Ontario, Consisting 
 or ntano. ^^ ^j^^ Lieutenant-Governor and of One House, styled the 
 Legislative Assembly of Ontario. 
 
 Electoral 70. The Legislative Assembly of Ontario shall be com- 
 Distnots. pQged of Eighty-Two Members, to be elected to represent 
 
 the Eighty-two Electoral Districts set forth in the First 
 
 Schedule to this Act. 
 
 2.— QUEBEC. 
 
 Legislature "^^^ There shall be a Legislature for Quebec, consisting 
 for Quebec, of the Lieutenant-Governor and of Two Houses, styled 
 
 the Legislative Council of Quebec and the Legislative 
 
 Assembly of Quebec. 
 
 Constitu- 72. The Legislative Council of Quebec shall be com- 
 LeSsiatlve posed of Twenty-four Members, to be appointed by the 
 
 Council. 
 
BRITISH NORTH AMERICA ACT. 833 
 
 Lieutenant-Governor in the Queen's Name by Instrument 
 under the Great Seal of Quebec, one being appointed to 
 represent each of the Twenty-four Electoral DiviBions of 
 Lower Canada in this Act referred to, and each holding 
 Ofi&ce for the Term of his life, unless the Legislature of 
 Quebec otherwise provides under the Provisions of this 
 Act. 
 
 73. The Qualifications of the Legislative Councillors of Quai'fioa- 
 Quebec shall be the same as those of the Senators for Legislative 
 Quebec. Srs'"'''' 
 
 74. The Place of a Legislative Councillor of Quebec Resigna- 
 shall become vacant in the Cases, mutatis mutandis, iuquaUfioa- 
 which the Place of Senator becomes vacant. t'™- *"■ 
 
 75. When a vacancy happens in the Legislative Council Vaoanoiea. 
 of Quebec by Eesignation, Death or otherwise, the Lieu- 
 tenant-Governor, in the Queen's Name, by Instrument 
 under the Great Seal of Quebec, shall appoint a fit and 
 qualified Person to fill the Vacancy. 
 
 76. If any Question arises respecting the Qualification Questions 
 of a Legislative Councillor of Quebec, or a vacancy in oanoies?&o. 
 the Legislative Council of Quebec, the same shall be heard 
 
 and determined by the Legislative Council. 
 
 77. The Lieutenant-Governor may, from Time to Time, Speaker.of 
 by Instrument under the Great Seal of Quebec, appoint Oounei*!'^^ 
 a Member of the Legislative Council of Quebec to be 
 Speaker thereof, and may remove him and appoint 
 another iu his Stead. 
 
 78. Until the Legislature of Quebec otherwise pro- Quorumof 
 vides, the Presence of at least Ten Members of the Legis- colifofif™ 
 lative Council, including the Speaker, shall be necessary 
 
 to constitute a Meeting for the Exercise of its Powers. 
 
 79. Questions arising in the Legislative Council of Que- voting in 
 bee shall be decided by a Majority of Voices, and the c^f jfoS'''^^ 
 Speaker shall in all cases have a Vote, and when the 
 Voices are equal, the Decision shall be deemed to be in 
 
 the negative. 
 
 80. The Legislative Assembly of Quebec shall be com- constitu- 
 posed of Sixty-five Members, to be elected to represent JJ^j^f^ti^g 
 the Sixtv-five Electoral Divisions or Districts of Lower Assembly 
 Canada in this Act referred to, subject to Alteration ''^•^"'^'''"'■ 
 thereof by the Legislature of Quebec : Provided that it 
 
 53 
 
834 APPENDIX. 
 
 shall not be lawful to present to the Li euten ant-Go vernor 
 of Quebec for Assent any Bill for altering the Limits of 
 any of the Electoral Divisions or Districts mentioned in 
 the Second Schedule to this Act, unless the Second and 
 Third Eeadings of such Bill have been passed in the Le- 
 gislative Assembly with the Concurrence of the Majority 
 of the Members representing all those Electoral Divisions 
 or Districts, and the Assent shall not be given to such 
 Bill unless an Address has been presented by the Legis- 
 lative Assembly to the Lieutenant-Governor, stating that 
 it has been so passed. 
 
 S.—ONTAEIO AKD QUEBEC. 
 
 First Ses- 81. The Legislatures of Ontario and Quebec respectively 
 Legisia- shall be called together not later than Six Months after 
 tares. the Union. 
 
 Summon- 82. The Lieutenant-Governor of Ontario and of Quebec 
 Legisfative shall, from time to time, in the Queen's Name, by Instru- 
 Asaembiies. ment under the Great Seal of the Province, summon 
 and call together the Legislative Assembly of the Pro- 
 vince. 
 
 Restriction 83. Until the Legislature of Ontario or of Quebec other- 
 of holders' '^^^^ provides, a Person accepting or holding in Ontario or 
 of offices, in Quebec, any OfiSce, Commission or Employment, per- 
 manent or temporary, at the nomination of the Lieuten- 
 ant-Governor, to which an annual Salary, or any Fee, 
 Allowance, Emolument or profit of any kind or Amount 
 whatever from the Province is attached, shall not be eli- 
 gible as a Member of the Legislative Assembly of the 
 respective Province, nor shall he sit or vote as such : but 
 nothing in this Section shall make ineligible any Person 
 being a member of the Executive Council of the respec- 
 tive Province, or holding any of the following oflSces, that 
 is to say, the ofiices of Attorney-General, Secretary and 
 Eegistrar of the Province, Treasurer of th e Province, Com- 
 missioner of Crown Lands, and Commissioner of Agricul- 
 ture and Public Works, and in Quebec, Solicitor-General, 
 or shall disqualify him to sit or vote in the House for 
 which he is elected, provided he is elected while holding 
 such ofllce. 
 
 Continu- 84. Until the Legislatures of Ontario and Quebec re- 
 Sfsttn*^ spectively otherwise provide, all Laws which at the Union 
 election are in force in those Provinces respectively, relative to the 
 laws. following matters or any of them, namely, — the Qualifi- 
 
 cations and Disqualifications of Persons to be elected or 
 to sit or vote as Members of the Assembly of Canada, the 
 
BRITISH NORTH AMERICA ACT. 835 
 
 Qualifications or Disqualifications of Voters, the Oaths to 
 be taken by Voters, the Eeturning Officers, their Powers 
 and Duties, the Pi'oceedings at Elections, the Periods 
 during which such Elections may be continued, and the 
 trial of Controverted Elections and the Proceedings inci- 
 dent thereto, the vacating of the Seats of Members, and 
 the issuing and execution of new Writs in case of Seats 
 vacated otherwise than by Dissolution, shall respectively 
 apply to Elections of Members to serve in the respective 
 Legislative Assemblies of Ontario and Quebec. 
 
 Provided that until the Legislature of Ontario other- 
 wise provides, at any Election for a member of the Legis- 
 lative Assembly of Ontario for the District of Algoma, in 
 addition to persons qualified by the Law of the Province of 
 Canada to vote, every male British Subject aged Twenty- 
 one Years or upwards, being a Householder, shall have a 
 Vote. 
 
 85. Every Legislative Assembly of Ontario and every Duration of 
 Legislative Assembly of Quebec shall continue for Pour ^femMes 
 Years from the Day of the Eeturn of the Writs for choos- 
 ing the same (subject, nevertheless, to either the Legisla- 
 tive Assembly of Ontario or the Legislative Assembly of 
 Quebec being sooner dissolved by the Lieutenant-G-overnor 
 
 of the Province), and no longer. 
 
 86. There shall be a Session of the Legislature of On- Yearly 
 tario and of that of Quebec, once at least in every Year, so LegS-"^ 
 that Twelve Months shall not intervene between the last ture. 
 Sitting of the Legislature in each Province in one Session 
 
 and its first sitting in the next Session. 
 
 87. The following Provisions of this Act respecting the Speaker, 
 House of Commons of Canada, shall extend and apply to ""o™™-"^". 
 the Legislative Assemblies of Ontario and Quebec, that 
 
 is to say, — the Provisions relating to the Election of a 
 Speaker originally and on Vacancies, the Duties of the 
 Speaker, the Absence of the Speaker, the Quorum, and 
 , the Mode of Voting, as if those Provisions were here re- 
 enacted and made applicable in terms to each such Legis- 
 lative Assembly. 
 
 4._N0VA SCOTIA AND NEW BEUNSWICK. 
 
 88. The Constitution of the Legislature of each of the {'j^^fi'f"- 
 Provinces of Nova Scotia and New Brunswick shall, sub- Legisia- 
 ject to the Provisions of this Act, continue as it exists at Novisootia 
 the Union until altered under the Authority of this Act ; and New 
 
 •' Brunswick. 
 
886 
 
 APPENDIX. 
 
 and the House of Assembly of New Brunswick existing 
 at the passing of this Act shall, unless sooner dissolved, 
 continue for the period for which it was elected. 
 
 First 
 elections. 
 
 5.— ONTAEIO, QUEBEC AND NOVA SCOTIA. 
 
 89. Each of the Lieutenant-Governors of Ontario, Que- 
 bec, and Nova Scotia, shall cause Writs to be issued for 
 the first Election of Members of the Legislative Assembly 
 thereof in such Eorm and by such Person as he thinks fit, ' 
 and at such Time and addressed to such Eeturning Officer 
 as the Governor-General directs, and so that the first Elec- 
 sion of Member of Assembly for any Electoral Disti-ict or 
 any Subdivision thereof shall be held at the same Time 
 and at the same Places as the Election for a Member to 
 serve in the House of Commons of Canada for that Elec- 
 toral District. 
 
 6.— THE FOUE PEOVINCES. 
 
 Applica- 
 tion to 
 Legisla- 
 tures of 
 provisions 
 respecting 
 money 
 Totes, ke. 
 
 90. The following Provisions of this Act respecting the 
 Parliament of Canada, namely, — the Provisions relating; 
 to Appropriation and Tax Bills, the Eecommendation of 
 Money Yotes, the Assent to Bills, the Disallowance of 
 Acts and the Signification of Pleasure on Bills reserved, 
 — shall extend and apply to the Legislatures of the several 
 Provinces as if those Provisions were here re-enacted and 
 made applicable in Terms to the respective Provinces and 
 the Legislatures thereof, with the Substitution of the 
 Lieutenant-Governor of the Province for the Governor- 
 General, of the Governor-General for the Qaeen, and for 
 a Secretary of State, of One Year for Two Years, and of 
 thtj Province for Canada. 
 
 VI. — DISTRIBUTION OP LEGISLATIVE POWERS. 
 
 Legislative 
 Authority 
 of Parlia- 
 ment of 
 Canada. 
 
 Powers of the Parliament. 
 
 91. It shall be lawful for the Queen, by and with the 
 Advice and Consent of the Senate and House of Commons, 
 to make Laws for the Peace, Order and Good Government 
 of Canada in relation to all Matters not coming within the 
 Classes of Subjects by this Act assigned exclusively to the 
 Legislatures of the Provinces ; and for greater certainty, 
 but not so as to restrict the Generality of the foregoing 
 Terms of this Section, it is hereby declared that (notwith- 
 standing anything in this Act) the exclusive Legislative 
 Authority of the Parliament of Canada extends to all 
 
BRITISH NORTH AMERICA ACT. SST 
 
 Matters coming withia the CJasses of Subjects next here- 
 inafter enumerated, that is to say : — 
 
 1. The Public Debt and Property. 
 
 2. The Regulation of Trade and Commerce. 
 
 3. The Eaising of Money by any Mode or System of 
 
 Taxation. 
 
 4. The borrowing of Money on the Public Credit. 
 
 5. Postal Service. 
 
 6. The Census and Statistics. 
 
 Y. Militia, Military and Naval Service and Defence. 
 
 8. The fixing of and providing for the Salaries and Al- 
 
 lowances of Civil and other Officers of the Gov- 
 ernment of Canada. 
 
 9. Beacons, Buoys, Lighthouses and Sable Island. 
 
 10. Navigation and Shipping. 
 
 11. Quarantine and the Establishment and Maintenance 
 
 of Marine Hospitals. 
 
 12. Sea Coast and Inland Fisheries. 
 
 13. Perries between a Province and any British or 
 
 Foreign Country, or between Two Provinces. 
 
 14. Currency and Coinage. 
 
 15. Banking, Incorporation of Banks and the Issue of 
 
 Paper Money. 
 
 16. Savings Banks. 
 
 17. "Weights and Measures. 
 
 18. Bills of Exchange and Promissory Notes. 
 
 19. Interest. 
 
 20. Legal Tender. 
 
 21. Bankruptcy and Insolvency. 
 
 22. Patents of Invention and Discovery. 
 
 23. Copyrights. 
 
 24. Indians and Lands reserved for the Indians. 
 
 25. Naturalization and Aliens. 
 
 26. Marriage and Divorce. 
 
 2*7. The Criminal Law, except the Constitution of the 
 Courts of Criminal Jurisdiction, but including the 
 Procedure in Criminal Matters. 
 
 28. The Establishment, Maintenance and Management 
 
 of Penitentiaries. 
 
 29. Such Classes of Subjects as are expressly excepted 
 
 in the Enumeration of the Classes of Subjects 
 by this Act assigned exclusively to the Legisla- 
 tures of the Provinces. 
 
APPENDIX. 
 
 And any Matter coming wittin any of the Classes of 
 Subjects enumerated in this Section shall not be deemed 
 to come within the Class of Matters of a local or private 
 Nature comprised in the Enumeration of the Classes of 
 Subjects by this Act assigned exclusively to the Legislar 
 tures of the Provinces. 
 
 Exclusive Powers of Provincial Legislatures. 
 
 Subjects of 92. In each Province the Legislature may exclusively 
 Pro-rinoM make Laws in relation to Matters coming within the 
 Legisia- Classes of Subjects next hereinafter enumerated ; that is 
 to say : — 
 
 1. The Amendment from Time to Time, notwith- 
 
 standing anything in this Act, of the Constitu- 
 tion of the Province, except as regai-ds the 
 OflS.ce of Lieutenant-Governor. 
 
 2. Direct Taxation within the Province in order to 
 
 the raising of a Eevenue for Provincial Pur- 
 poses. 
 
 3. The borrowing of Money on the sole Credit of the 
 
 Province. 
 
 4. The Establishment and Tenure of Provincial 
 
 Ofllces, and the Appointment and Payment of 
 Provincial OflScers. 
 
 5. The Management and Sale of the Public Lands 
 
 belonging to the Province, and of the Timber 
 and Wood thereon. 
 
 6. The Establishment, Maintenance, and Manage- 
 
 ment of Public and Eeformatory Prisons in and 
 for the Province. 
 
 7. The Establishment, Maintenance, and Manage- 
 
 ment of Hospitals, Asylums, Charities and 
 Eleemosynary Institutions in and for the Pro- 
 vince, other than Marine Hospitals. 
 
 8. Municipal Institutions in the Province. 
 
 9. Shop, Saloon, Tavern, Auctioneer, and other 
 
 Licenses, in order to the raising of a Eevenue 
 for Provincial, Local, or Municipal Purposes. 
 10. Local Works and Undertakings, other than such 
 as are of the following Classes, — 
 
 a. Lines of Steam or other Ships, Eailways, Canals, 
 Telegraphs, and other Works and Undertak- 
 ings, connecting the Pi'ovince with any other 
 or others of the Provinces, or extending beyond 
 the Limits of the Province : 
 
 h. Lines of Steamships between the Province and 
 any British or Foreign Country : 
 
BRITISH NORTH AMERICA ACT. 839 
 
 c. Sach "Works as, although wholly situate within 
 the Province, are before or after their Execution 
 declared by the Parliament of Canada to be for 
 the general Advantage of Canada or for the 
 Advantage of Two or more of the Provinces. 
 
 11. The Incorporation of Companies with Provincial 
 
 Objects. 
 
 12. The Solemnization of Marriage in the Province. 
 
 13. Property and Civil Eights in the Province. 
 
 14. The Administration of Justice in the Province, 
 
 including the Constitution, Maintenance, and 
 Organization of Provincial Courts, both of Civil 
 and of Criminal Jurisdiction, and including 
 Procedure in Civil Matters in those Courts. 
 
 15. The Imposition of Punishment by Fine, Penalty, 
 
 or Imprisonment for enforcing any Law of the 
 Province made in relation to any Matter com- 
 ing within any of the Classes of subjects enume- 
 rated in this Section. 
 
 16. Generally all matters of a merely local or private 
 
 nature in the Province. 
 
 Hducation. 
 
 93. In and for each Province the Legislature may ex- Legislation 
 clusively make Laws in relation to Education, subject and respecting 
 according to the following Provisions : — ^ ""* """■ 
 
 (1.) Nothing in any such Law shall prejudicially 
 affect any Eight or Privilege with respect to 
 Denominational Schools which any Class of 
 Persons have by law in the Province at the 
 Union ; 
 
 (2.) All the Powers, Privileges, and Duties at the 
 Union by Law conferred and imposed in Upper 
 Canada on the Separate Schools and School 
 Trustees of the Queen's Eoman Catholic Sub- 
 jects, shall be and the same are hereby extended 
 to the Dissentient Schools of the Queen's Protes- 
 tant and Eoman Catholic Subjects in Quebec ; 
 
 (3.) Where in any Province a System of Separate or 
 Dissentient Schools exists by Law at the Union 
 or is thereafter established by the Legislature 
 of the Province, an Appeal shall lie to the Gov- 
 ernor-General in Council from any Act or Deci- 
 sion of any Provincial Authority affecting any 
 Eight or Privilege of the Protestant or Eoman 
 Catholic Minority of the Queen's Subjects in re- 
 lation to Education ; 
 
840 APPENDIX. 
 
 (4.) In case any such Provincial Law as from Time 
 to Time seems to the Governor-General in Coun- 
 cil requisite for the due Execution of thePx'ovi- 
 sions of this Section is not made, or in case any 
 Decision of the Governor-General in Council on 
 any Appeal under this Section is not duly ex- 
 ecuted by the proper Provincial Authority in 
 that behalf, then and in every such case, and as 
 far only as the circumstances of each case re- 
 quire, the Parliament of Canada may make re- 
 medial Laws for the due Execution of the 
 Provisions of this Section, and of any Decision 
 of the Governor-General in Council under this 
 Section. 
 
 Uniformity of Laws in Ontario, Nova Scotia and New 
 Brunswick. 
 
 Legislation 94_ Notwithstanding anything in this Act, the Parlia- 
 
 formity of ment of Canada may make Provision for the Uniformity 
 
 three'" of all Or uny of the Laws relative to Property and Civil 
 
 Provinces. Eights in Ontario, Nova Scotia and New Brunswick, and 
 
 of the Procedure of all or any of the Courts in those Three 
 
 Provinces, and from and after the passing of any Act in 
 
 that behalf, the Power of the Parliament of Canada to 
 
 make Laws in relation to any matter comprised in any 
 
 such Act shall, notwithstanding anything in this Act, be 
 
 unrestricted ; but any Act of the Parliament of Canada 
 
 making Provision for such Uniformity, shall not have 
 
 effect in any Province unless and until it is adopted and 
 
 enacted as Ijaw by the Legislature thereof. 
 
 Agriculture and Immigration. 
 
 Concurrent 95. In each Province the Legislature may make Laws 
 fegTslatiSn in relation to Agriculture in the Province, and to Immi- 
 Tnoultufe g^^ti^Ji i'^to ^^^ Province; and it is hereby declared that 
 &c. ' the Parliament of Canada may from Time to Time make 
 
 Laws in relation to Agriculture in all or any of the Pro- 
 vinces, and to Immigration into all or any of the Pro- 
 vinces ; and any Law of the Legislature of a Province, 
 relative to Agriculture or to Immigration, shall have affect 
 in and for the Province as long and as far only as it is 
 not repugnant to any Act of the Parliament of Canada. 
 
 VII. — JUDICATURE. 
 
 m?St of " ^^- '^^^ Governor-General Shall appoint the Judges of 
 Judges. the Superior, District and County Courts in each Province, 
 
BRITISH NORTH AMERICA ACT. 841 
 
 except those of the Courts of Probate in Nova Scotia and 
 New Brunswick. 
 
 9'7. Until the Laws relative to Property and Civil Eights Selection of 
 in Ontario, Nova Scotia and New Brunswick, and the ontfriV.&o. 
 Procedure of the Courts in those Provinces, are made uni- 
 form, the Judges of the Courts of those Provinces appointed 
 by the Governor-General shall be selected from the re- 
 spective Bars of those Provinces. 
 
 98. The Judges of the Courts of Quebec, shall be selected Selection ef 
 from the Bar of that Province. Quefec.'" 
 
 99. The Judges of the Superior Courts shall hold office Tenure of 
 during good behaviour, but shall be removable by the judges of 
 Governor-General on Address of the Senate and House of^^P^J^J"' 
 Commons. 
 
 100. The Salaries, Allowances and Pensions of the Salaries, 
 Judges of the Superior, District and County Courts (ex- judges, 
 cept the Courts of Probate in Nova Scotia and New Bruns- 
 wick) and of the Admiralty Courts in cases where the 
 Judges thereof are for the time being paid by Salary, shall 
 
 be fixed and provided by the Pai-liament of Canada. 
 
 101. The Parliament of Canada may, notwithstanding General 
 anything in this Act, from Time to Time, provide for the Ap"eai, &c. 
 Constitution, Maintenance and Organization of a General 
 
 Court of Appeal for Canada, and for the Establishment of 
 any additional Courts for the better Administration of the 
 Laws of Canada. 
 
 VIII. — REVENUES ; DEBTS ; ASSETS ; TAXATION. 
 
 102. All Duties and Eevenues over which the respective Creation of 
 Legislatures of Canada, Nova Scotia and New Brunswick SS''' 
 before and at the Union, had and have power of Appro- |S®J|"°« 
 priation, except such Portions thereof as are by this Act 
 reserved to the respective Legislatures of the Provinces, 
 
 or are raised by them in accordance with the special 
 Powers conferred on them by this Act, shall form One 
 Consolidated Eevenue Fund, to be appropriated for the 
 Public Service of Canada in the manner and subject to 
 the charges in this Act provided. 
 
 103. The Consolidated Eevenue Fund of Canada shall Exposes 
 be permanently charged with the Costs, Charges andtion°lc" 
 Expenses incident to the Collection, Management, and 
 Eeceipt thereof, and the same shall form the First Charge 
 thereon, subject to be reviewed and audited in such Man- 
 
842 APPENDIX. 
 
 ner as shall be ordered by tbe Governor-G-eneral in Coun- 
 cil until the Parliament otherwise provides. 
 
 Interest. of 104. The annual Interest of the Public Debts of the 
 pubUo"^"'^ several Provinces of Canada, Nova Scotia, and New Bruns- 
 debts. wick at the Union shall form the Second Charge on the 
 Consolidated Eevenue Fand of Canada. 
 
 Salary of 105. Unless altered by the Parliament of Canada, the 
 Senlrar Salary of the Governor-General shall be Ten Thousand 
 Pounds Sterling Money of the United Kingdom of Great 
 Britain and Ireland, payable out of the Consolidated Ee- 
 venue Fund of Canada, and the same shall form the Third 
 Charge thereon. 
 
 Appro- 106. Subject to the several Payments by this Act 
 
 From'ttae c^i^rg^d On +he Consolidated Eevenue Fund of Canada, 
 to time. the same shall be appropriated by the Parliament of 
 Canada for the Public Service. 
 
 Transfer of 107. All Stocks, Cash, Bankers' Balances, and Securities 
 8tooks,&o. fQj. ijioney belonging to each Province at the Time of the 
 Union, except as in this Act mentioned, shall be the Pro- 
 perty of Canada, and shall be taken in Eeduction of the 
 amount of the respective Debts of the Provinces at the 
 Union. 
 
 Transfer of ^08. The Public Works and Property of each Province 
 groperty in enumerated in the Third Schedule to this Act shall be the 
 boheduie. pj.opgj.(.y of Canada. 
 
 Property 109. All Lands, Mines, Minerals, and Eoyalties belong- 
 mine°'*&c ^°S ^ *^® several Provinces of Canada, Nova Scotia and 
 New Brunswick at the Union, and all sums then due or 
 payable for such Lands, Mines, Minerals, or Eoyalties, 
 shall belong to the several Provinces of Ontario, Quebec, 
 Nova Scotia and New Brunswick in which the same are 
 situate or arise, subject to any Trusts existing in respect 
 thereof, and to any interest other than that of the Pro- 
 vince in the same. 
 
 Assets con- 110. All Assets connected with such Portions of the 
 Pro^noTii'' Public Debt of each Province as are assumed by that Pro- 
 debts, vince shall belong to that Province. 
 
 beSabie for ^^^- ^^"^^^^ ^^^^^ be liable for the Debts and Liabilities 
 Provincial of each Province existing at the Union. 
 
 debts. ° 
 
 Debts of 112. Ontario and Quebec conjointly shall be liable to 
 
 QS'ebec.°'"'^C:anadaforthe amount (if any) by which the Debt of the 
 
BRITISH NORTH AMERICA ACT. 843 
 
 Province of Canada exceeds at the Union Sixty-two mil- 
 lion iive hundred thousand Dollars, and shall be charged 
 with Interest at the Eate of Five per centum per annum 
 thereon. 
 
 113. The Assets enumerated in the Fourth Schedule to Assets of 
 this Act, belonging at the Union to the Province of Can-^Sebec °'°'* 
 ada, shall be the Property of Ontario and Quebec con- 
 jointly. 
 
 114. Nova Scotia shall be liable to Canada for thejjgbtof 
 Amount (if any) by which its Public Debt exceeds at the Nova" 
 Union Bight million Dollars, and shall be charged with®*""'*" 
 Interest at the rate of Five per centum per annum 
 thereon. 
 
 115. New Brunswick shall be liable to Canada for the Debt of 
 Amount (if any) by which its Public Debt exceeds at ^^^ ; ^ 
 the Union Seven million Dollars, and shall be charged '^'™*'"" • 
 with Interest at the rate of Five per centum per annum 
 thereon. 
 
 116. In case the Public Debts of Nova Scotia and New Payment 
 Brunswick do not at the Union amount to Bight million J'^JJ'*^J|®^' 
 and Seven million Dollars respectively, they shall re- Scotia and 
 spectively receive, by half-yearly Payments in advance sraJiswiok. 
 from the Government of Canada, Interest at Five per 
 centum per annum on the difference between the actual 
 Amounts of their respective Debts and such stipulated 
 Amounts. 
 
 IIY. The several Provinces shall retain all their respec- provincial 
 tive Public Property not otherwise disposed of in this Act, public 
 subject to the Eight of Canada to assume any Lands or '"''^ ^' 
 Public Property required for Fortifications or for the De- 
 fence of the country. 
 
 118. The following sums shall be paid yearly by Canada Grants to 
 to the several Provinces for the support of their G-overn- ^"""^s. 
 ments and Legislatures : 
 
 DOLLAES. 
 
 Ontario - - - Bighty thousand. 
 
 Quebec - - - Seventy thousand. 
 
 Nova Scotia - - Sixty thousand. 
 
 New Brunswick - - Fifty thousand. 
 
 Two hundred and Sixty thousand ; 
 and an annual Grant in aid of each Province shall be 
 made, equal to Bighty cents per Head, of the Population 
 as ascertained by the Census of One Thousand eight bun- 
 
844 APPENDIX. 
 
 dred and Sixty-one, and in the case of Nova Scotia and 
 New Brunswick, by each subsequent Decennial Census 
 until the Population of each of those two Provinces 
 amounts to Four hundred thousand Souls, at which Eate 
 such Grant shall thereafter remain. Such Grant shall be 
 in full Settlement of all future Demands on Canada, and 
 shall be paid half-yearly in advance to each Province ; 
 but the Government of Canada shall deduct from such 
 Grants, as against any Province, all sums chargeable as 
 Interest on the Public Debt of that Province in excess of 
 the several amounts stipulated in this Act. 
 
 Further ] 19. New Brunswick shall receive, by half-yearly Pay- 
 
 ffew' " ments in advance from Canada, for the Period of Ten 
 Eranswiek. Years from the Union, an additional Allowance of Sixty- 
 three thousand Dollars per annum ; but as long as the 
 Public Debt of that Province remains under Seven million 
 Dollars, a deduction equal to the Interest at Five per cen- 
 tum per annum on such Deficiency shall be made from 
 that Allowance of Sixty-three thousand Dollars. 
 
 Form of 120. All Payments to be made under this Act, or in dis- 
 
 charge of Liabilities created under any Act of the Provinces 
 of Canada, Nova Scotia and New Brunswick, respectively, 
 and assumed by Canada, shall until the Parliament of 
 Canada otherwise directs, be made in such Form and 
 Manner as may from Time to Time be ordered by the 
 Governor-General in Council. 
 
 Canadian 121. All Articles of the Growth, Produce or Manufac- 
 
 toe^^&o. *'^^'® °f ^°y °i^® ^^ *1^6 Provinces shall, from and after the 
 
 Union, be admitted free into each of the other Provinces. 
 
 Continu- 122. The Customs and Excise Laws of each Province 
 ousfoms shall, subject to the Provisions of this Act, continue in 
 faw/^"'^* force until altered by the Parliament of Canada. 
 
 Exporta- 123. Where Customs Duties are, at the Union, leviable 
 importation °'^ ^^Y Groods, Wares or Merchandises in any Two Pro- 
 as between vinces, those Goods, Wares and Merchandises may, from 
 vinces™ and after the Union, be imported from one of those Pro- 
 vinces into the other of them, on Proof of Payment of the 
 Customs Duty leviable thereon in the Province of Expor- 
 tation, and on payment of such further amount (if any) 
 of Customs Duty as is leviable thereon in the Province 
 of Importation. 
 
 Lumber ^^^- Nothing in this Act shall affect the Eight of New 
 
 duesin New Brunswick to levy the Lumber Dues provided in Chapter 
 Brunswioic. pifteen of Title Three of the Eevised Statutes of New 
 
BRITISH NORTH AMERICA ACT. 845 
 
 Brunswick, or in any Act amending that Act before or 
 after the Union, and not increasing the Amount of such 
 Dues ; but the Lumber of any of the Provinces other than 
 New Brunswick shall not be subject to such Dues. 
 
 125. No Lands or Property belonging to Canada or^j^™p|i<>» 
 any Province shall be liable to Taxation. lands, &o' 
 
 126. Such Portions of the Duties and Revenues over Provincial 
 ' which the respective Legislatures of Canada, Nova Scotia Jated '' 
 
 and New Brunswick had before the Union, Power of Ap- revenue 
 propriation, as are by this Act reserved to the respective "° " 
 Governments or Legislatures of the Provinces, and all 
 Duties and Eevenues raised by them in accordance with 
 the Special Powers conferred upon them by this Act, 
 shall in each Province form One Consolidated Eevenue 
 Fund to be appropriated for the Public Service of the 
 Province. 
 
 IX. — MISCELLANEOUS PROVISIONS. 
 
 Qerteral. 
 
 12Y. If any Person, being, at the passing of this Act, a As to ' 
 Member of the Legislative Council of Canada, Nova Scotia ^Sofu^ 
 or New Brunswick, to whom a Place in the Senate is of Pro- 
 offered, does not within Thirty Days thereafter, by Writ-b^Xing 
 ing under his Hand, addressed to the Governor-General Senators, 
 of the Province of Canada or to the Lieutenant-Governor 
 of Nova Scotia or New Brunswick (as the case may be), 
 accept the same, he shall be deemed to have declined the 
 same ; and any Person who, being at the passing of this 
 Act a Member of the Legislative Council of Nova Scotia 
 or New Brunswick, accepts a Place in the Senate, shall 
 thereby vacate his seat in such Legislative Council. 
 
 128. Every Member of the Senate or House of Com-Q^^j^^j 
 mons of Canada shall, before taking his Seat therein, allegiance, 
 take and subscribe before the Governor-General or some "• 
 Person authorized by him, and every Member of a Legis- 
 lative Council or Legislative Assembly of any Province 
 shall, before taking his Seat therein, take and subscribe 
 before the Lieutenant-Governor of the Province, or some 
 Person authorized by him, the Oath of Allegiance con- 
 tained in the Fifth Schedule to this Act; and every Mem- 
 ber of the Senate of Canada and every Member of the 
 Legislative Council of Quebec shall also, before taking his 
 Seat therein, take and subscribe before the Governor- 
 General, or some Person authorized by him, the Declara- 
 tion of Qualification contained in the same Schedule. 
 
846 APPENDIX. 
 
 Continu- 129. Except as otherwise provided by this Act, all Laws 
 existing in force in Canada, Nova Scotia, or New Brunswick at the 
 laws. Union, and all Courts of Civil and Criminal Jurisdiction, 
 
 officers, &0. and all Legal Commissions, Powers and Authorities, and 
 all Officers, Judicial, Administrative, and Ministerial, ex- 
 isting therein at the Union, shall continue, in Ontario, 
 Quebec, Nova Scotia, and New Brunswick, respectively, 
 as if the Union had not been made ; subject nevertheless, 
 (except with respect to such as are enacted by or exist 
 under Acts of the Parliament of Great Britain or of the 
 Parliament of the United Kingdom of Great Britain and 
 Ireland), to be repealed, abolished, or altered by the 
 Parliament of Canada, or by the Legislature of the respec- 
 tive Province, according to the Authority of the Parlia- 
 ment or of that Legislature under this Act. 
 
 Transferor 130. Until the Parliament of Canada otherwise pro- 
 cfnada.*° vides, all OflQcers of the several Provinces having Duties 
 to discharge in relation to Matters other thau those com- 
 ing within the Classes of Subjects by this Act assigned 
 exclusively to the Legislatures of the Provinces, shall be 
 Officers of Canada, and shall continue to discharge the 
 Duties of their respective Offices under the same Liabili- 
 ties, Eesponsibilities and Penalties, as if the Union had 
 not been made. 
 
 Appoint- 131. Until the Parliament of Canada otherwise provides, 
 ment of ^j^^ Governor-General-in-Council may from Time to Time 
 
 new 
 
 officers. appoint such Officers as the Governor-General-in-Council 
 deems necessary or proper for the effectual Execution of 
 this Act. 
 
 Treaty. 132. The Parliament and Government of Canada shall 
 
 obligations, i i, -■-, ^ ^ ■ j.i 
 
 nave all Powers necessary or proper tor periorming the 
 Obligations of Canada or of any Province thereof, as Part 
 of the British Empire, towards Foreign Countries, arising 
 under Treaties between the Empire and such Foreign 
 Countries. 
 
 Use of 133. Either the English or the French Language may 
 
 and^Frenoh ^^ ^^^^ ^7 ^"^7 Person in the Debates of the Houses of the 
 languages. Parliament of Canada and of the Houses of the Legisla- 
 ture of Quebec ; and both those languages shall be used 
 in the respective Eecords and Journals of those Houses ; 
 and either of those Languages may be used by any Person 
 or in any Pleading or Process in or issuing from any 
 Court of Canada established under this Act, and in or 
 from all or any of the Courts of Quebec. 
 
 The Acts of the Parliament of Canada and of the Legis- 
 lature of Quebec shall be printed and published in both 
 those Languages. 
 
BRITISH NORTH AMERICA ACT. 84*7 
 
 Ontario and Quebec. 
 
 134. Until the Legislature of Ontario or of Quebec Appoint- 
 otherwise provides, the Lieutenant-Governors of Ontario ™outfve 
 and Quebec may each appoint under the Great Seal of ^^°^'? ^°^, 
 the Province, the following Officers, to hold office during Quebec. 
 Pleasure, that is to say, — the Attorney-General, the Secre- 
 
 taiy and Eegistrar of the Province, the Treasurer of the 
 Province, the Commissioner of Crown Lands and the 
 Commissioner of Agriculture and Public Works, and, in 
 the case of Quebec, the Solicitor-General, and may, by 
 Order of the Lieutenant-Governor-in-Council from Time 
 to Time prescribe the Duties of those Officers and of the 
 several Departments ever which they shall preside, or 
 to which they shall belong, and of the Officers and Clerks 
 thereof, and may also appoint other and additional Offi- 
 cers to hold Office during Pleasure, and may from Time 
 to Time prescribe the Duties of those Officers, and of the 
 sevQi-al Departments over which they shall preside or to 
 which they shall belong, and of the Officers and Clerks 
 thereof. 
 
 135. Until the Legislature of Ontaiio or Quebec other- Powers, 
 wise provides, all Eights, Powers, Duties, Functions, ^e- tfeiei^"" 
 sponsibilities, or Authorities at the passing of this Act tive officers, 
 vested in or imposed on the Attorney-General, Solicitor- 
 General, Secretary and Eegistrar of the Province of 
 Canada, Minister of Finance, Commissioner of Crown 
 Lands, Commissioner of Public Works and Minister of 
 Agriculture and Eeceiver-General, by any Law, Statute 
 
 or Ordinance of Upper Canada, Lower Canada, or Canada, 
 and not repugnant to this Act, shall be vested in or im- 
 posed on any officer to be appointed by the Lieutenant- 
 Governor for the Discharge of the same or any of them ; 
 and the Commissioner of Agriculture and Public Works 
 shall perform the Duties and Functions of the Office of 
 Minister of Agriculture at the passing of this Act imposed 
 by the Law of the Province of Canada as well as those of 
 the Commissioner of Public Works. 
 
 136. Until altered by the Lieutenant-Governor-in-Coun- great 
 cil, the Great Seals of Ontario and Quebec, respectively, Seals, 
 shall be the same or of the same Design, as those used in 
 the Provinces of Upper Canada and Lower Canada re- 
 spectively before their Union as the Province of Canada. 
 
 131. The words "and from thence to the End of theConatmc- 
 then next ensuing Session of the Legislature," or words temporary 
 to the same effect used in any temporary Act of the Pro- Acts. 
 
848 
 
 APPENDIX. 
 
 As to errors 
 in names. 
 
 As to issue 
 of Procla- 
 mations 
 before 
 Union, to 
 commence 
 after 
 Union. 
 
 vince of Canada not expired before the Union, shall be 
 construed to extend and apply to the next Session of the 
 Parliament of Canada, if the subject-matter of 'the Act is 
 within the powers of the same as defined by this Act, or 
 to the next Sessions of the Legislatures of Ontario and 
 Quebec respectively, if the subject-matter of the Act is 
 within the powers of the same as defined by this Act. 
 
 138. From and after the Union, the use of the words 
 " Upper Canada " instead of "Ontario," or "Lower Can- 
 ada" instead of "Quebec," in any Deed, Writ, Process, 
 Pleading, Document, Matter or Thing, shall not invalidate 
 the same. 
 
 139. Any Proclamation under the Great Seal of the 
 Provinceof Canada, issued before the Union, to take effect 
 at a time which is subsequent to the Union, whether re- 
 lating to that Province or to Upper Canada, or to Lower 
 Canada, and the several matters and things therein pro- 
 claimed, shall be and continue of like force and effefet as 
 if the Union had not been made. 
 
 As to issue 
 of Procla- 
 mations 
 after 
 TJnion. 
 
 Peniten- 
 tiary. 
 
 140. Any Proclamation which is authorized by any Act 
 of the Legislature of the Province of Canada, to bo issued 
 under the Great Seal of the Province of Canada, whether 
 relating to that Province or to Upper Canada, or to Lower 
 Canada, and which is not issued before the Union may 
 be issued by the Lieutenant-Governor of Ontario or of 
 Quebec, as its subject-matter requires, under the Great 
 Seal thereof; and from and after the issue of such Procla- 
 mation, the same and the several matters and things 
 therein proclaimed, shall be and continue of the like force 
 and effect in Ontario or Quebec as if the Union had not 
 been made. 
 
 141. The Penitentiary of the Province of Canada shall, 
 until the Parliament of Canada otherwise provides, be 
 and continue the Penitentiary of Ontario and of Quebec. 
 
 Arbitra,tiou 142. The Division and Adjustment of the Debts, Credits, 
 deK&cf Liabilities, Properties and Assets of Upper Canada and 
 Lower Canada shall be referred to the Arbitrament of 
 Three Arbitrators, One chosen by the Government of 
 Ontario, One by the Government of Quebec, and One by 
 the Government of Canada; and the Selection of the Ar- 
 bitrators shall not be made until the Parliament of Canada 
 and the Legislatures of Ontario and Quebec have met ; 
 and the Arbitrator chosen by the Government of Canada 
 shall not be a resident either in Ontario or in Quebec. 
 
BRITISH NOMTH AMERICA ACT. 849 
 
 143. The Grovernor-General in Council may from Time Division of 
 to Time, order that such and so many of the Eecords, '^^'""^'*^- 
 Books, and Documents of the Province of Canada as he 
 thinks fit shall be appropriated and delivered either to 
 Ontario or to Quebec, send the same shall thenceforth be 
 
 the property of that Province ; and any copy thereof or 
 extract therefrom, duly certified by the oficer having 
 charge of the original thereof shall be admitted as Evi- 
 dence. 
 
 144. The Lieutenant-Governor of Quebec may from Conatitu- 
 Time to Time, by Proclamation under the Great Seal of 'g^ghipa 
 the Province, to take effect from a day to be appointed in Quebec, 
 therein, constitute Townships in those Parts of the Pro- 
 vince of Quebec in which Townships are not then already 
 constituted, and fix the Metes and Bounds thereof. 
 
 X. — INTERCOLONIAL RAILWAY. 
 
 145. Inasmuch as the Provinces of Canada, Nova Scotia, Buty of 
 and New Brunswick have joined in a Declaration that^°™™-, 
 the Construction of the Intercolonial Eailway is essential Parliament 
 to the Consolidation of the Union of British North Ame-S^lf * 
 rica, and to the Assent thereto of Nova Scotia and New Railway 
 Brunswick, and have consequently agreed that Provision dlsoribed. 
 should be made for its immediate construction by the 
 Government of Canada : Therefore, in order to give ef- 
 fect to that Agreement, it shall be the Duty of the Gov- 
 ei'nment and Parliament of Canada to provide for the 
 Commencement, within Six months after the Union, of 
 
 a Eailway connecting the Eiver St. Lawrence with the 
 City of Halifax in Nova Scotia, and for the Construction 
 thereof without Intermission, and the Completion thereof 
 with all practicable Speed. 
 
 XI.— -ADMISSION OF OTHER COLONIES. 
 
 146. It shall be lawful for the Queen, by and with the power to 
 Advice of Her Majesty's Most Honorable Privy Council, |^^™aST" 
 on Addresses from the Houses of the Parliament of Can- &o.,into 
 ada, and from the Houses of the respective Legislatures *® ^™''°" 
 of the Colonies or Provinces of Newfoundland, Prince 
 Edward Island, and British Colambia, to admit those 
 Colonies or Provinces, or any of them, into the Union, 
 
 and on Address from the Houses of the Parliament of 
 Canada to admit Eupert's Land and the North-western 
 Territory, or either of them, into the Union, on such 
 Terms and Conditions in each Case as are in the Ad- 
 dresses expressed and as the Queen thinks fit to approve, 
 subject to the Provisions of this Act ; and the Provisions 
 54 
 
850 APPENDIX. 
 
 of any Order-in-Oouncil in that Behalf shall have effect 
 as if they had been enacted by the Parliament of the 
 United Kingdona of Great Britain and Ireland. 
 
 As to 14'7. In case of the Admission of Newfoundland and 
 
 sentotion Prince Edward Island or either of them, each shall be 
 foiSdYand ^ititled to a Representation, in the Senate of Canada, of 
 and Prince Four Members, and (notwithstanding anything in this 
 i8?S?n -^ct) in case of the Admission of Newfoundland, the Nor- 
 Senate. mal number of Senators shall be Seventy-six and their 
 maximum Number shall be Eighty-two ; but Prince Ed- 
 ward Island, when admitted, shall be deemed to be com- 
 prised in the third of the Three Divisions into which 
 Canada is, in relation to the Constitution of the Senate, 
 divided by this Act, and accordingly, after the Admission 
 of Prince Edward Island, whether Newfoundland is ad- 
 mitted or not, the Eepresentation of Nova Scotia and 
 New Brunswick in the Senate shall, as Vacancies occur, 
 be reduced from Twelve to Ten Members respectively, 
 and the Eepresentation of each of those Provinces shall 
 not be increased at any Time beyond Ten, except under 
 the Provisions of this Act, for the Appointment of Three 
 or Six additional Senators under the Direction of the 
 Queen. 
 
 SCHEDULES. 
 
 THE FIEST SCHEDULE. 
 
 Electoral -Districts of Ontario. 
 
 A. 
 EXISTING ELECTORAL DIVISIONS. 
 
 COUNTIES. 
 
 1. Prescott. 
 
 2. Glengan-y. 
 
 3. Stormont. 
 
 4. Dundas. 
 
 5. Eussell. 
 
 6. Carleton. 
 
 7. Prince Edward. 
 
 8. Halton. 
 
 9. Essex. 
 
 RIDINGS OF COUNTIES. 
 
 10. North Elding of Lanark. 
 
 11. South Eiding of Lanark. 
 
BRITISH NORTH AMERICA ACT. 861 
 
 12. Noi'th Eiding of Leeds and North Eiding of Gren- 
 
 ville. 
 
 13. South Eiding of Leeds. 
 
 14. South Eiding of Grenville. 
 
 15. Bast Eiding of Northumberland. 
 
 16. West Eiding of Northumberland (excepting there- 
 
 from the Township of South Monaghan). 
 IT. East Eiding of Durham. 
 16. West Eiding of Durham. 
 
 19. North Eiding of Ontario. 
 
 20. South Eiding of Ontario. 
 
 21. East Eiding of York. 
 
 22. West Eiding of York. 
 
 23. North Eiding of York. 
 
 24. North Eiding of Wentworth. 
 
 25. South Eiding of Wentworth. 
 
 26. East Eiding of Elgin. 
 
 27. West Eiding of Elgin. 
 
 28. North Eiding of Waterloo. 
 
 29. South Eiding of Waterloo. 
 
 30. North Eiding of Brant. 
 
 31. South Riding of Brant. 
 
 32. North Eiding of Oxford. 
 
 33. South Eiding of Oxford. 
 
 34. East Eiding of Middlesex. 
 
 CITIES, PARTS or CITIES AND TOWNS. 
 
 35. West Toronto. 
 
 36. East Toronto. 
 
 37. Hamilton. 
 
 38. Ottawa. 
 
 39. Kingston. 
 
 40. London. 
 
 41. Town of Brockville, with the Township of Eliza^ 
 
 bethtown thereto attached. 
 
 42. Town of Niagara, with the Township of Niagara 
 
 thereto attached. 
 
 43. Town of Cornwall, with the Township of Cornwall 
 
 thereto attached. 
 
 B. 
 
 NEW ELECTOBAL DIVISIONS, 
 
 44. The Provisional Judicial District of Algoma. 
 
852 APPENDIX. 
 
 The County of Bkttce, divided into two Eidings, to be 
 called respectively the North and South Eidings : — 
 
 45. The North Eiding of Bruce to consist of the Town- 
 
 ships of Bury, Lindsay, Bastnor, Albemarle, Ama- 
 bel, Arran, Bruce, Blderslie, and Saugeen, and the 
 Yillage of Southampton. 
 
 46. The South Eiding of Bruce to consist of the Town- 
 ships of Kincardine (including the Village of Kin- 
 cardine), Greenock, Brant, Huron, Kinloss, Oul- 
 ross, and Carrick. 
 
 The County of Huron, divided into Two Eidings to be 
 called respectively the North and South Eidings : — 
 
 4'7. The North Eiding to consist of the Townships of 
 Ashfield, Wawanosh, Turnberry, Howick, Morris, 
 Grey, Colborne, Hullett (including the Village of 
 Clinton), and McKillop. 
 
 48. The South Eiding to consist of the Town of Goder- 
 ich, and the townships of Goderich, Tuckersmith, 
 Stanley, Hay, Usborne, and Stephen. 
 
 The County of Middlesex, divided into Three Eidings, 
 to be called respectively the North, West and Bast 
 Eidings: — 
 
 49. The North Eiding to consist of the Townships of 
 
 McGillivray and Biddulph (taken from the County 
 of Huron), and Williams Bast, Williams West, 
 Adelaide and Lobo. 
 
 50. The West Eiding to consist of the Townships of 
 
 Delaware, Caradoc, Metcalfe, Mosa and Ekfrid, 
 and the Village of Strathroy. 
 
 [The East Eiding to consist of the Townships now 
 embraced therein, and be bounded as it is at pre- 
 sent.] 
 
 51. The County of Lambton, to consist of the Town- 
 
 ships of Bosanquet, Warwick, Plympton, Sarnia, 
 Moore, Bnniskillen and Brooke, and the Town of 
 Sarnia. 
 
 52. The County of Kent to consist of the Townships 
 
 of Chatham, Dover, Bast Tilbury, Eomney, Ea- 
 leigh and Harwich, and the Town of Chatham. 
 
BRITISH NORTH AMERICA ACT. 853 
 
 53. The County of Bothwell to consist of the Town- 
 
 ships of Sombra, Dawn and Euphemia (taken 
 from the County of Lambton), and the Town- 
 ships of Zone, Camden with the Gore thereof, 
 Orford and Howard (taken from the County of 
 Kent). 
 
 The County of Grey, divided into Two Eidings, to be 
 called respectively the South and North Eidings : — 
 
 54. The South Eiding to consist of the Townships of 
 
 Bentinck, Glenelg, Artemesia, Osprey, Normanby, 
 Bgremont, Proton and Melancthon. 
 
 55. The North Eiding to consist of the Townships of 
 
 CoUingwood, Euphrasia, Holland, St- Vincent, 
 Sydenham, Sullivan, Derby and Keppel, Sarawak 
 and Brooke, and the Town of Owen Sound. 
 
 The County of Perth, divided into Two Eidings, to be 
 called respectively the South and North Eidings : — 
 
 56. The North Eiding to consist of the Townships of 
 Wallace, Elma, Logan, BUice, Mornington, and 
 North Easthope, and the Town of Stratford. 
 
 5*r. The South Eiding to consist of the Townships of 
 Blanchard, Downie, South Easthope, EuUarton, 
 Hibbert, and the Villages of Mitchell and St. 
 Marys. 
 
 The County of Wellington, divided into Three Eid- 
 ings, to be called respectively North, South and Centre 
 Eidings : — 
 
 58. The North Eiding to consist of the Townships of 
 
 Amaranth, Arthur, Luther, Minto, Maiyborough, 
 Peel, and the Village of Mount Forest. 
 
 59. The Centre Eiding to consist of the Townships of 
 
 Garafraxa, Erin, Eramosa, Nichol and Pilking- 
 ton, and the Villages of Fergus and Flora. 
 
 60. The South Eiding to consist of the Town of Guelph 
 
 and the Townships of Guelph and Puslinch. 
 
 The County of Norfolk, divided into Two Eidings, to 
 be called respectively the South and North Eidings : — 
 
854 APPENDIX. 
 
 61. The South Eiding to consist of the Townships of 
 
 Charlotteville, Houghton, Walsingham and Wood- 
 house, and with the Gore thereof. 
 
 62. The North Eiding to consist of the Townships of 
 Middleton, Townsend and "Windham, and the 
 Town of Simcoe. 
 
 63. The County of Haldimand to consist of the Town- 
 
 ships of Oneida, Seneca, Cayuga North, Cayuga 
 South, Eainham, Walpole and Dunn. 
 
 64. The County of Monck to consist of the Townships 
 of Canborough and Moulton, and Sherbrooke, 
 and the Village of Dunnville (taken from the 
 County of Haldimand) , the Townships of Caister 
 and Gainsborough (taken from the County of 
 Lincoln), and the Townships of Pelham and Wain- 
 fleet (taken from the County of Welland). 
 
 65. The County of Lincoln to consist of the Townships 
 of Clinton, Grantham, Grimsby and Louth, and 
 the Town of St. Catharines. 
 
 66. The County of Welland to consist of the Town- 
 ships of Bertie, Crowland, Humberstone, Stam- 
 ford, Thorold and Willoughby, and the Tillages 
 of Chippewa, Clifton, Port Brie, Thorold and 
 Welland. 
 
 6Y. The County of Peel to consist of the Townships of 
 Chinguacousy, Toronto and the Gore of Toronto, 
 and the Villages of Brampton and Streetsville. 
 
 68. The County of Cardwell to consist of the Town- 
 
 ships of Albion and Caledon (taken from the 
 County of Peel), and the Townships of Adjala 
 and Mono (taken from the County of Simcoe). 
 
 The County of Simcoe, divided into Two Eidings, to be 
 called respectively the South and the North Eidings : — 
 
 69. The South Eiding to consist of the Townships of 
 West Gwillimbury, Tecumseth, Innisfil, Essa. Tos- 
 sorontio, Mulmur, and the Village of Bradford. 
 
 10. The North Eiding to consist of the Townships of 
 Nottawasaga, Snnnidale, Vespra, Plos, Oro, Me- 
 donte, Orillia and Matchedash, Tiny and Tay, 
 
BRITISH NORTH AMERICA ACT. 855 
 
 Balaklava and Eobinson, and the Towns of Barrie 
 and CoUingwood. 
 
 The County of Viotokia, divided into Two Eidings, to 
 be called respectively the South and North Eidings : — 
 
 Tl. The South Eiding to consist of the Townships of 
 Ops, Mariposa, Emily, Verulam, and the Town of 
 Lindsay. 
 
 72. The North Eiding to consist of the Townships of 
 Anson, Bexley, Garden, Dalton, Digby, Eldon, 
 Penelon, Hindon, Laxton, Lutterworth, Maoaulay 
 and Draper, Sommerville and Morrison, Muskoka, 
 Monck and Watt (taken from the County of Sim- 
 coe), and any other surveyed Townships lying to 
 the North of the said North Eiding. 
 
 The County of Peterbokodgh, divided into Two Eid- 
 ings, to be called respectively the West and Bast Eid- 
 ings : — 
 
 73. The West Eiding to consist of the Townships of 
 South Monaghan (taken from the County of Nor- 
 thumberland), North Monaghan, Smith and Bnnis- 
 more, and the Town of Peterborough. 
 
 74. The East Eiding to consist of the Townships of 
 
 Asphodel, Belmont andMethuen, Douro, Dummer, 
 Galway, Harvey, Minden, Stanhope and Dysart, 
 Otonabee and Snowden, and the Village of Ash- 
 burnham, and any other surveyed Townships 
 lying to the North of the said East Eiding. 
 
 The County of Hastings, divided into Three Eidings, 
 to be called respectively the West, East and North Eid- 
 ings : — 
 
 •75. The West Eiding to consist of the Town of Belle- 
 ville, the Township of Sydney, and the Village of 
 Trenton. 
 
 76. The East Eiding to consist of the Townships of 
 
 Turlow, Tyendinaga and Hungerford. 
 
 77. The North Eiding to consist of the Townships of 
 
 Eawdon, Huntingdon, Madoc, Elzevir, Tudor, 
 
856 APPENDIX. 
 
 Marmora and Lake, and the "Village of Stirling, 
 and any other surveyed Townships lying to the 
 JSTorth of the said North Eiding. 
 
 •78. The County of Lennox to consist of the Townships 
 of Eichmond, Adolphustown, JSTorth Fredericks- 
 burgh, South Fredericksburgh, Ernest Town and 
 Amherst Island, and the "Village of Napanee. 
 
 '79. The County of Addington to consist of the Town- 
 ships of Camden, Portland, Sheffield, Hinchin- 
 brooke, Kaladar, Kennebec, Olden, Oso, Angle- 
 sea, Barrie, Clarendon, Palmerston, Effingham, 
 Abinger, Miller, Canonto, Denbigh, Loughborough 
 and Bedford. 
 
 80. The County of Erontenao to coBsist of the Town- 
 
 ships of Kingston, Wolfe Island, Pittsburgh and 
 Howe Island and Storrington. 
 
 The County of Eenfrew, divided into Two Eidings, to 
 be called respectively the South and Noi-th Eidings : — 
 
 81. The South Riding to consist of the Townships of 
 
 McNab, Bagot, Blithfield, Brougham, Horton, 
 Admaston, Grattan, Matawatchan, Griffith, Lyn- 
 doch, Eaglan, Eadcliffe, Brudenell, Sebastopol. and 
 the "Villages of Arnprior and Eenfrew. 
 
 82. The North Eiding to consist of the Townships of 
 
 EoBS, Bromley, Westmeath, Stafford, Pembroke, 
 "Wilberforce, Alice, Petawawa, Buchanan, South 
 Algona, North Algona, Prazer, McKay, Wylie, 
 Eolph, Head, Maria, Clara, Haggerty, Sherwood, 
 Burns, and Eichards, and any other surveyed 
 Townships lying North-westerly of the said North 
 Eiding. 
 
 Every Town and incorporated Village existing at the 
 Union, not specially mentioned in this Schedule, is to be 
 taken as part of the County or Eiding within which it is 
 locally situate. 
 
BRITISH NORTH AMERICA ACT. 85'7 
 
 THE SECOND SCHEDULE. 
 
 Electoral Districts of Quebec specially fixed. 
 
 COUNTIES. 
 
 Pontiac. 
 
 Ottawa. 
 
 Argenteuil. 
 
 Huntingdon. 
 
 Missisquoi. 
 
 Brome. 
 
 Shefford. 
 
 Stanstead. 
 
 Compton. 
 
 Wolfe and Eichmond. 
 
 Megantic. 
 
 Town of Sherbrooke. 
 
 THE THIRD SCHEDULE. 
 
 Provincial Public Works and Property to be the Property 
 of Canada. 
 
 1. Canals with Lands and Water Power connected 
 therewith. 
 
 2. Public Harbours, 
 
 3. Lighthouses and Piers, and Sable Island. 
 
 4. Steamboats, Dredges, and Public Vessels, 
 
 5. Eivers and Lake Improvements. 
 
 6. Eailways and Eailway Stocks, Mortgages and other 
 Debts due by Eailway Companies. 
 
 T. Military Eoads. 
 
 8. Custom Houses, Post Offices, and all other Public 
 Buildings, except such as the Government of Can- 
 ada appropriate for the Use of the Provincial 
 Legislatures and Governments. 
 
 9. Property transferred by the Imperial Government, 
 
 and known as Ordnance Property. 
 10. Armouries, Drill Sheds, Military Clothing and Mu- 
 nitions of War, and Lands set apart for General 
 Public Purposes. 
 
 THE EOUKTH SCHEDULE. 
 
 Assets to be the Property of Ontario and Quebec conjointly. 
 
 Upper Canada Building Fund. 
 Lunatic Asylums. 
 
858 APPENDIX. 
 
 N'ormal Schools. 
 Court Houses in : \ 
 
 M^rTal. ^I^-- C-^^^- 
 
 Kamouraska, J 
 
 Law Society, Upper Canada. 
 
 Montreal Turnpike Trust. 
 
 University Permanent Fund. 
 
 Eoyal Institution. 
 
 Consolidated Municipal Loan Fund, Upper Canada. 
 
 Consolidated Municipal Loan Fund, Lower Canada. 
 
 Agricultural Society, Upper Canada. 
 
 Lower Canada Legislative Grant. 
 
 Quebec Fire Loan. 
 
 Temiscouata Advance Account. 
 
 Quebec Turnpike Trust. 
 
 Education-East. 
 
 Building and Jury Fund, Lower Canada. 
 
 Municipalities Fund. 
 
 Lower Canada Superior Education Income Fund. 
 
 THE FIFTH SCHEDTTLE. 
 OATH OF ALLEGIANCE. 
 
 I, A. B., do swear that I will be faithful and bear true 
 Allegiance to Her Majesty Queen Yictoria, 
 
 Note. — The Name of the King or Queen of the United Kingdom 
 of Great Britain and Ireland for the Time being is to be substituted 
 from Time to Time, with proper Terms of Reference thereto. 
 
 DECLARATION OF QUALIFICATION, 
 
 I, A. B., do declare and testify, That I am by Law duly 
 qualified to be appointed a Member of the Senate of 
 Canada [or as the case may 6e], and that I am legally or 
 equitably seized as of Freehold for my own Use and Be- 
 nefit of Lands or Tenements held in Free and Common 
 Socage [or seized or possessed for my own Use and Be- 
 nefit of Lands or Tenements held in Franc-alleu or in 
 Eoture (as the case may be), in the Province of Nova 
 Scotia [or as the case may be'] of the Value of Four Thou- 
 sand Dollars over and above all Eents ,Dues, Debts, Mort- 
 gages, Charges, and Incumbrances, due and payable out 
 of or charged on or affecting the same, and that I have 
 
BRITISH NORTH AMERICA ACT. 859 
 
 not collusively or colourably obtained a title to or be- 
 come possessed of the said Lands and Tenements or any 
 Part thereof for the Purpose of enabling me to become a 
 Member of the Senate of Canada [or as the case may be'], 
 and that my Eeal and Personal Property are together 
 worth Pour thousand Dollars over and above my Debts 
 and Liabilities. 
 
 B. 
 
 34-35 VICTORIA. 
 
 CHAP. XXVIII. 
 
 An Act respecting the establishment of Provinces in the Dominion of 
 Canada. 
 
 [29ft JuTie, 1871.] 
 
 WHEEEAS doubts have been entertained respecting 
 the powers of the Parliament of Canada to establish 
 Provinces in Territories admitted, or which may hereafter 
 be admitted into the Dominion of Canada, and to provide 
 for the representation of such Provinces in the said Par- 
 liament, and it is expedient to remove such doubts, and 
 to vest such powers in the said Parliament :^- 
 
 Be it enacted by the Queen's most excellent Majesty, 
 by and with the advice and consent of the Lords iSpiritual 
 and Temporal and Commons, in this present Parliament 
 assembled, and by the authority of the same, as follows : 
 
 1. This Act may be cited for all purposes as " The Bi-it- Short Title, 
 ish North America Act, 1871." 
 
 2. The Parliament of Canada may from Time to Time pajijajjjg^t 
 establish new Provinces in any Territories forming for of Canada 
 the time being part of the Dominion of Canada, but not Snew* " 
 included in any Province thereof, and may, at the time of^^§™°|?|jg 
 such establishment, make provision for the constitution for the con- 
 and administration of any such Province, and for the pas- &j!Shereof. 
 sing of Laws for the peace, order and good government 
 
 of such Province, and for its representation in the said 
 Parliament. 
 
 3. The Parliament of Canada may from Time to Time, ^iteration 
 with the consent of the Legislature of any Province of the of limits of 
 said Dominion, increase, diminish, or otherwise alter the 
 
 limits of such Province, upon such terms and conditions 
 as may be agreed to by the said Legislature, and may, 
 with the like consent, make provision respecting the effect 
 
860 APPENDIX. 
 
 and operation of any such increase or diminution or alter- 
 ation of Territory in relation to any Province affected 
 thereby. 
 
 of Canada 4. The Parliament of Canada may from Time to Time 
 Stefor'^' make provision for the administration, peace, order, and 
 any tern- good govej'nment of any Territory not for the time being 
 
 iJOry noti iii~ • tit* "r\ • 
 
 eluded in a included in any Province. 
 
 ProTince. 
 
 Conflrma- 5. The following Acts passed by the said Parliament of 
 Acteof Par- Canada, and intituled respectively : " An Act for the tem- 
 liament of " porary government of Eupert's Land and the North 
 stsBYict " Western Territory when united with Canada," and " An 
 (Canadian) " ^ct to amend and continue the Act ,thirty-two and 
 (Canadian)," " thirty-three Victoria, chapter three, and to establish 
 cap. 3. u g^jjjj provide for the government of the Province of 
 " Manitoba," shall be and be deemed to have been valid 
 and effectual for all purposes whatsoever from the date 
 at which they respectively received the assent, in the 
 Queen's name, of the Governor-General of the said Domi- 
 nion of Canada. 
 
 limitation 6. Except as provided by the third section of this Act, 
 of PmS- it shall not be competent for the Parliament of Canada 
 c^ad'^t ^ alter the provisions of the last mentioned Act of the 
 legislate said Parliament, in so far as it relates to the Province of 
 estaWished J^^nitoba, or of any other Act hereafter establishing new 
 Province. Provinces in the said Dominion, subject always to the 
 right of the Legislature of the Province of Manitoba to 
 alter from Time to Time the provisions of any law re- 
 specting the qualification of electors and members of the 
 Legislative Assembly, and to make laws respecting elec- 
 tions in the said Province. 
 
 C. 
 
 38-39 VICTORIA. 
 CHAP. XXXVIII 
 
 An Act to remove certain doubts with respect to the powers of the Par- 
 liament of Canada under Section Eighteen of the British North 
 America Act, 1867. 
 
 [19th July, 1875.] 
 
 30and3i WHEEEAS by Section Eighteen of the British North 
 Vict., 0.3. yy America Act, 1867, it is provided as follows: — 
 
 " The privileges, immunities and powers to be held, 
 " enjoyed and exercised by the Senate and by the House 
 " of Commons, and by the Members thereof respectively, 
 
PARLIAMENT OP CANADA ACT. 861 
 
 " shall be such as are from time to time defined by Act 
 " of the Parliament of Canada, but so that the same shall 
 " never exceed those at the passing of this Act, held, en- 
 " joyed and exercised by the Commons House of Par- 
 " liament of the United Kingdom of Great Britain and 
 " Ireland and by the members thereof." 
 
 And whereas doubts have arisen with regard to the 
 power of defining by an Act of the Parliament of Canada, 
 in pursuance of the said section, the said privileges, 
 powers, or immunities : and it is expedient to remove 
 such doubts : 
 
 Be it, therefore, enacted by the Queen's Most Excellent 
 Majesty, by and with the advice and consent of the 
 Lords Spiritual and Temporal, and Commons, in this 
 present Parliament assembled, and by the authority of 
 the same, as follows : — 
 
 1. Section eighteen of the British North America Act, Snbstitu- 
 1867, is hereby repealed without prejudice to anything seTtion^or 
 done under that action, and the following section shall Seetj^'gi* 
 be substituted for the section so repealed. Vict., c. 3. 
 
 The privileges, immunities and powers to be held, en- 
 joyed and exercised by the Senate and by the House of 
 Commons, and by the Members thereof, respectively, 
 shall be such as are from time to time defined by Act of 
 the Parliament of Canada, but so that any Act of the 
 Parliament of Canada defining such privileges, immuni- 
 ties and powers shall not confer any privileges, immuni- 
 ties or powers exceeding those at the passing of such 
 Act, held, enjoyed and exercised by the Commons House 
 of Parliament of the United Kingdom of Great Britain 
 and Ii-eland and by the Members thereof. 
 
 2. The Act of the Parliament of Canada passed in t^^^ J'j^^Jj'^t 
 thirty-first year of the Eeign of Her present Majesty, of°cana- " 
 chapter twenty-four, intituled "An Act to provide for dmn Par- 
 oaths to witnesses being administered in certain cases 
 
 for the purposes of either House of Parliament " shall be 
 deemed to be valid, and to have been valid as from the 
 date at which the Eoyal assent was given thereto by the 
 Governor-General of the Dominion of Canada. 
 
 3. This Act may be cited as " The Parliament of Can- 
 ada Act, 1875." 
 
862 
 
 APPENDIX. 
 
 49-50 VICTORIA. 
 
 CHAP. XXXV. 
 
 A.D. 
 
 An Act respecting the Representation in the Parliament of Canada 
 of Territories which for the time being form part of the Dom- 
 inion of Canada, but are not included in any Province. 
 
 \2hth June, 1880.] 
 
 WHEEBAS it is expedient to empower the Parliament 
 of Canada to j)i'Ovide for the representation in the 
 Senate and House of Commons of Canada or either of 
 them, of any Territory which for the time being forms 
 part of the Dominion of Canada, but is not included in 
 any province. 
 
 Be it therefore enacted by the Queen's Most Excellent 
 Majesty, by and with the advice and consent of the 
 Lords Spiritual and Temporal, and Commons, in this 
 present Parliament assembled, and by the authority of 
 the same, as follows : — 
 
 Provision 1. The Parliament of Canada may, from time to time, 
 ment'of''" make provisions for the representation in the Senate 
 re'°resen" ^^*^ House of Commons of Canada, or in either of them, 
 ation of of any Territories which for the time being form part of 
 Terntones. ^j^g Dominion of Canada, but are not included in any 
 province thereof. 
 
 Effect of 
 Acts of 
 Paxlla- 
 mentof 
 Canada. 
 
 34 and 35 
 Victoria, 
 C.28, 
 
 SO and 31, 
 
 Victoria, 
 
 C.3. 
 
 2. Any Act passed by the Parliament of Canada be- 
 fore the passing of this Act for the purpose mentioned 
 in this Act shall, if not disallowed by the Queen, be, and 
 shall be deemed to have been, valid and eifectual from 
 the date at which it received the assent, in her Majesty's 
 name, of the Governor General of Canada. 
 
 It is hereby declared that any Act passed by the Par- 
 liament of Canada, whether before or after the passing 
 of this Act, for the purpose mentioned in this Act or in 
 the British North America Act, 1871, has effect, notwith- 
 standing anything in the British North America Act, 
 1867, and the number of Senators or the number of 
 members of the House of Commons specified in the last 
 mentioned Act is increased by the number of Senators 
 or of members, as the case may be, provided by any such 
 Act of the Parliament of Canada for the representation 
 of any provinces or territories of Canada. 
 
GOVERNOR-GENERAL'S COMMISSION. 863 
 
 3. This Act may be cited as the British North America Short title 
 
 Act, 1886. andoqn- 
 
 This Act and the British North America Act, 1867, 30 and si 
 and the British North America Act, 1871, shall be con- ^'S">''i*> 
 strued together and may be cited together as the British liandss 
 North America Acts, 1867 to 1886. Vi^oria, 
 
 E. 
 
 GOVERNOR-GENERAL'S COMMISSION. 
 
 1, 
 
 CANADA. 
 
 Dkaft of Letters-Patent passed under the Great Seal of the 
 United Kingdom, constituting the office of Grovernor-Gren- 
 eral of the Dominion of Canada. 
 
 Letters Patent, \ 
 
 Dated 5th October, 1878. j 
 
 Victoria, by the Grace of God, of the United Kingdom of Great 
 Britain and Ireland, Queen, Defender of the Faith, Empress of 
 India ; To all to whom these Presents shall come, Greeting : 
 
 Whereas We did, by certain Letters-Patent under the Great 
 Seal of onr United Kingdom of Great Britain and Ireland, bear- 
 ing date at Westminster the Twenty-second day of May, 1872, in 
 the Thirty-fifth Year of Our Eeign, constitute and appoint Our 
 Eight Trusty and Eight Well-beloved Cousin and Councillor, 
 Frederick Temple, Earl of Dufferin, Knight of Our Most Illustrious 
 Order of Saint Patrick, Knight Commander of Our Most Honour- 
 able Order of the Bath (now Knight Grand Cross of Our Most 
 Distinguished Order of Saint Michael and Saint George), to be Our 
 Governor-General in and over Our Dominion of Canada for and 
 during Our will and pleasure : And whereas by the 12th section 
 of " The British North America Act, 1867," certain powers, au- 
 thorities and functions were declared to be vested in the Gover- 
 nor-General : and whereas We are desirous of making effectual 
 and permanent provision for the Office of Governor-General in 
 and over Our said Dominion of Canada, without making new 
 Lette;fS-Patent on each demise of the said Office : Now know ye 
 that We have revoked and determined, and by these presents do 
 revoke and determine, the said recited Lettei's-Patent of the 
 
864 APPENDIX. 
 
 Twenty-second day of May, 18t2, and every clause, article and 
 thing therein contained : And further know ye that We, of Our 
 special grace, certain knowledge, and mere motion, have thought 
 fit to constitute, order, and declare, and do by these Presents con- 
 stitute, order, and declare that there shall be a G-overnor-General 
 (hereinafter called Our said G-overnor-General) in and over Our 
 Dominion of Canada (hereinafter called Our said Dominion) and 
 that the person who shall fill the said Office of the Governor- 
 General shall be from time to time appointed by Commission 
 under our Sign-Manual and Signet. And we do hereby authorize 
 and command Our said Governor -General to do and execute, in 
 due manner, all things that shall belong to his said command, and 
 to the trust we have reposed in him, according to the several 
 powers and authorities granted or appointed him by virtue of 
 "The British North America Act, 1861," and of these px-esent 
 Lettei's-Patent and of such Commission as may be issued to him 
 under Our Sign-Manual and Signet, and according to such Instruc- 
 tions as may from time to time be given to him, under Our Sign- 
 Manual and Signet, or by Our Order in Oui* Privy Council, or by 
 Us through one of Our Principal Secretaries of State, and to 
 such Laws as are or shall hereafter be in force in Our said Dom- 
 inion. 
 
 II. And We do hereby authorize and empower Our said Gover- 
 nor-General to keep and use the Great Seal of Our said Dominion 
 for sealing all things whatsoever that shall pass the said Gi-eat 
 Seal. 
 
 III. And We do further authorize and empower our said Gover- 
 nor-General to constitute and appoint, in Our name and on Our 
 behalf, all such Judges, Commissioners, Justices of the Peace, and 
 other necessary Officers and Ministers of Our said Dominion, as 
 may be lawfully constituted or appointed by Us. 
 
 IV. And We do further authorize and empower our said Gover- 
 nor-General, so far as we lawfully may upon sufficient cause to 
 him appearing, to remove from his office, or to suspend from the 
 exercise of the same, any person exercising any office within Our 
 said Dominion, under or by virtue of any Commission or Warrant 
 granted, or which may be granted, by Us in Our name or under 
 Our authority. 
 
 V. And We do further authorize and empower our said Gover- 
 nor-General to exercise all powers lawfully belonging to Us in 
 respect of the summoning, proroguing, or dissolving the Parlia- 
 ment of Our said Dominion. 
 
 VI. And whereas by ^^ ThQ British North America Kat, 1861," 
 it is amongst other things enacted, that it shall lawful for Us, 
 
GOVERNOR-GENERAL'S COMMISSION. 865 
 
 if We think fit, to authorize the Governor-General of Our 
 Dominion of Canada to appoint any person or persons, jointly or 
 severally, to be his Deputy or Deputies within any part or parts 
 of Our said Dominion, and in that capacity to exercise, during the 
 pleasure of Our said Governor-General, such of the powers, autho- 
 rities and functions of Our said Governor-General as he may deem 
 it necessary or expedient to assign to such Deputy or Deputies, 
 subject to any limitations or directions from time to time expres- 
 sed or given by Us : Now We do hereby authorize and empower 
 Our said Governor-General, subject to such limitations and direc- 
 tions as aforesaid, to appoint any person or persons, jointly or 
 severally, to be his Deputy or Deputies within any part or parts 
 of Our said Dominion of Canada, and in that capacity to exercise, 
 during his pleasure, such of his powers, functions and authorities' 
 as he may deem it necessary or expedient to assign to him or 
 them : Provided always, that the appointment of such a Deputy 
 or Deputies shall not affect the exercise of any such power, au- 
 thority or function by Our said Governor-General in person. 
 
 VII. And We do hereby declare Our pleasure to be that, in the 
 event of the death, incapacity, removal or absence of Our said 
 Governor-General out of Our said Dominion, all and every the 
 powers and authorities herein granted to him shall, until our fur- 
 ther pleasure is signified therein, he vested in such person as may 
 be appointed by Us under Our Sign-Manual and Signet to he Our 
 Lieutenant-Governor of Our said Dominion ; or if there shall be 
 no such Lieutenant-Governor in Our said Dominion^ then in such 
 person or persons as may be appointed by Us under Our Sign- 
 Manual and Signet to administer the Government of the same ; 
 and in case there shall he no person or persons within Our said 
 Dominion so appointed by Us, then in the Senior Officer for the 
 time being in command of Our regular troops in Our said Dom- 
 inion : Provided that no such powers or authorities shall vest in 
 such Lieutenant-Governor, or such other person or persons, until 
 he or they shall have taken the oaths appointed to be taken 
 by the Governor-General of Our said Dominion, and in the manner 
 provided by the instructions accompanying these Our Letters- 
 Patent. 
 
 VIII. And We do hereby require and command all Our Officers 
 and Ministers, Civil and Military, and all other the inhabitants of 
 Our said Dominion, to be obedient, aiding* and assisting unto our 
 said Governor-General, or, in the event of his death, incapacity or 
 absence, to such person or persons as may, from time to time, 
 uiider the provisions of these Our Letters- Patent, administer the 
 Government of Our said Dominion. 
 
 IX. And We do hereby reserve to Ourselves, Our heirs and 
 successors, full power and authority from time to time to revoke, 
 
 55 
 
866 APPENDIX. 
 
 alter or amend these Our Letters-Patent as to TJs or them shall 
 seem meet. 
 
 X. And "We do further direct and enjoin that these Our Letters 
 Patent shall be read and pi'oclaimed at such place or places as Our 
 said Governor-G-eneral shall think fit within Our said Dominion 
 of Canada. 
 
 In witness whereof We have caused these Our Letters to be 
 made Patent. Witness Ourself at Westminster, the fifth day of 
 October, in the Forty-second Year of Our Eeign. 
 
 By Warrant under the Queen's Sign-Manual. 
 
 C. EOMILLY. 
 
 GKEKDK. 
 
 DjiAfT OF Instructions passed under the Eoyal Sign-Manual 
 and Si; - ~ ~ ,.._.. 
 
 Canada. 
 
 and Signet to the Governor-General of the Dominion of 
 
 Dated 5th October, 1878. 
 
 YICTOBIA, E. 
 
 Instructions to our Governor-General in and over Our Dominion 
 of Canada, or, in his absence, to Our Lieutenant-Governor or 
 the Officer for the time being administering the Government 
 of Our said Dominion. 
 
 Given at Our Court at Balmoral, this Fifth day of October, 
 1878, in the Forty-second year of Our Eeign. 
 
 Whereas by certain Letters-Patent bearing even date herewith. 
 We have constituted, ordered and declared that there shall be a 
 Governor-General (hereinafter called Our said Governor-General) 
 in and over Our Dominion of Canada (hereinafter called Our said 
 Dominion), And we have thereby authorized and commanded Our 
 said Governor-General to do and execute in due manner all things 
 that shall belong to his said command, and to the trust we have 
 reposed in him, according to the several powers and authorities 
 granted or appointed him by virtue of the said Letters-Patent and 
 
GOVERNOR-GENERAL'S COMMISSION. 867 
 
 of such Commission as may be issued to him under Our Sign- 
 Manual and Signet, and according to such Instructions as may 
 from time to time be given to him, under Our Sign-Manual and 
 Signet, or by Our Order in Our Privy Council, or by Us through 
 One of Our Principal Secretaries of State, and to such Laws as are 
 or shall hereafter be in force in Our said Dominion. Now there- 
 fore. We do, by these Our Instructions under Our Sign-Manual 
 and Signet, declare Our pleasure to be, that Our said Governor- 
 General for the time being shall, with all due solemnity, cause 
 Our Commission, under Our Sign-Manual and Signet, appointing 
 Our said Governor-General for the time being, to be read and 
 published in the presence of the Chief Justice for the time being, 
 or other Judge of the Supreme Court of Our said Dominion, and 
 of the members of the Privy Council in Our said Dominion : And 
 We do further declare Our pleasure to be that Our said Governor- 
 General, and every other ofllcer appointed to Administer the 
 Government of Our said Dominion, shall take the Oath of Alle- 
 giance in the form provided by an Act passed in the Session 
 holden in the thirty-first and thirty-second years of Our Eeign, 
 intituled: "An Act to amend the Law relating to Promissory 
 Oaths ; " and likewise that he or they shall take the usual Oath 
 for the due execution of the OflSce of Our Governor-General in 
 and over Our said Dominion, and for the due and impartial ad- 
 ministration of justice ; which Oaths the said Chief Justice for the 
 time being, of Our said Dominion, or, in his absence, or in the 
 event of his being otherwise incapacitated, any Judge of the 
 Supreme Court of Our said Dominion shall, and he is hereby 
 required to tender and administer unto him or them. 
 
 II. And We do authorize and require Our said Governor-Gen- 
 eral from time to time by himself or by any other person to be 
 authorized by him in that behalf, to administer to all and to every 
 person or persons as he shall think fit, who shall hold any office 
 or place of trust or profit in Our said Dominion, the said Oath of 
 Allegiance, together with such other Oath or Oaths as may from 
 time to time be prescribed by any Laws or Statutes in that be- 
 half made and provided. 
 
 III. And We do require Our said Governor-General to commu- 
 nicate forthwith to the Privy Council for Our said Dominion 
 these Our Instructions, and likewise all such others from time to 
 time, as he shall find convenient for Our service to be imparted 
 to them. 
 
 lY. Our said Governor-General is to take care that all laws 
 assented to by him in Our name, or reserved for the signification 
 of Our pleasure theron, shall, when transmitted by him, be fairly 
 abstracted in the margins, and be accompanied, in such cases as 
 may seem to him necessary, with such explanatory observations 
 
868 • APPENDIX. 
 
 as may be required to exhibit the reasons and occasions for pro- 
 posing such Laws ; and he shall also transmit fair copies of the 
 Journals and minutes of the proceedings of the Parliament of 
 Our said Dominion, which he is to require from the clerks, or 
 other proper ofllcers in that behalf, of the said Parliament. 
 
 V. And We do further authorize and empower Our said Gover- 
 nor-General, as he shall see occasion, in Our name and on Our 
 behalf, when any crime has been committed for which the offender 
 may be tried within Our said Dominion, to grant a pardon to any 
 accomplice, not being the actual perpetrator of such crime, who 
 shall give such information as shall lead to the conviction of the 
 principal offender; and further to grant to any offender convicted 
 of any crime in any Court, or before any Judge, Justice, or Magis- 
 trate, within Our said Dominion, a pardon, either free or subject 
 to lawful conditions, or any respite of the execution of the sen- 
 tence of any such offender, for such period as to Our said Gover- 
 nor-General may seem fit, and to remit any fines, penalties or 
 forfeitures, which may become due and payable to Us. Provided 
 always, that Our said Governor-Genera) shall not in any case, 
 except where the offence has been of a political nature, make it a 
 condition of any pardon or remission of sentence that the offender 
 shall be banished from or shall absent himself from Our said 
 Dominion. And We do hereby direct and enjoin that Our said 
 Governor-General shall not pardon or reprieve any such offender 
 without first receiving in capital cases the advice of the Privy 
 Council for Our said Dominion, and in other cases the advice of 
 one, at least, of his Ministers ; and in any case in which such 
 pardon or reprieve might directly affect the interests of Our 
 Empire, or of any country or place beyond the jurisdiction of the 
 Government of Our said Dominion, Our said Governoi'-General 
 shall, before deciding as to either pardon or reprieve, take those 
 interests specially into his own personal consideration in conjunc- 
 tion with such advice as aforesaid. 
 
 VI. And whereas great prejudice may happen to Our service 
 and to the security of our said Dominion by the absence of Our 
 said Governor-General, he shall not, upon any pretence whatever, 
 quit Our said Dominion without having first obtained leave from 
 IJs for so doing under Our Sign-Manual and Signet, or through 
 one of Our Principal Secretaries of State. 
 
 V. E. 
 
GOYERNOR-QENERAL'S COMMISSION. 869 
 
 3. 
 
 CANADA. 
 
 Draft of a Commission passed under the Royal Sign-Manual and 
 Signet, appointing the Eight Honourable the Marquis of 
 Lome, K.T., G.C.M.G-., to be Governor-General of the Dom- 
 inion of Canada. 
 
 Bated nth October, 1878. 
 
 VICTORIA E. 
 
 Victoria, by the Grace of God, of the United Kingdom of Great 
 Britain and Ireland, Queen, Defender of the Faith, Empress 
 of India, To Our Eight, Trusty, and "Well-beloved Councillor 
 Sir John Douglas Sutherland Campbell (commonly called 
 the Marquis of Lome), Knight of Our Most Ancient and Most 
 Noble Order of the Thistle, Knight Grand Cross of Our Most 
 Distinguished Order of St. Michael and St. George, Greeting : 
 
 We do, by this Our Commission under Our Sign-Manual and 
 Signet, appoint you, the said Sir John Douglas Sutherland 
 Campbell (commonly called the Marquis of iorwe), until Our 
 further pleasure shall be signified, to be.Our Governor-General in 
 and over Oui- Dominion of Canada during Our will and pleasure, 
 with all and singular the powers and authorities granted to the 
 Governor-General of our said Dominion in Our Letters-Patent 
 under the Great Seal of Our United Kingdom of Great Britain 
 and Ireland, constituting the office of Governor, bearing date at 
 Westminster the Fifth day of October, 1878, in the Forty-second 
 year of Our Eeign, which said powers and authorities We do 
 hereby authorize you to exercise and perform, according to such 
 Orders and Instructions as Our said Governor-General for the 
 time being hath already or may hereafter receive from Us. And 
 for so doing this shall be your Warrant. 
 
 II. And we do hereby command all and singular Our officers, 
 Ministei's, and loving subjects in Our said Dominion, and all others 
 whom it may concern, to take due notice hereof, and to give their 
 ready obedience accordingly. 
 
8'70 APPENDIX. 
 
 Given at Our Court at Balmoral, this Seventh day of October, 
 1818, in the Forty-second year of Our Eeign. 
 
 By Her Majesty's Command, 
 
 M. E. HICKS BEACH. 
 
 The Commission appointing the Marquis of Lansdowne Governor- 
 General in the place of the Marquis of Lome, under date of 18th August, 
 1883, recites the letters-patent as given above, and the Instructions of the 
 5th of October are also continued without change. Baron Stanley Pres- 
 ton was appointed in 1888 Governor-General under a similar Commis- 
 sion. See Can. Sess P. of 1884, No. 77, where is also given the oath of 
 allegiance taken by his Excellency in accordance with the Imperial Sta- 
 tute 21 and 22 Vict., c. 48. Also Houston, Constitutional Documents of 
 Canada, 245-252, 253-255, 256-258. 
 
 F. 
 
 PROCLAMATION FOR ASSEMBLING PARLIAMENT FOR THE 
 DESPATCH OF BUSINESS. 
 
 Lansdowne. 
 [L.S.] 
 
 CANADA. 
 
 VICTOEIA, by the Grace of God, of the United Kingdom of Great 
 Britain and Ireland, Qxjebn, Defender of the Faith, &c., &c., 
 &c. 
 
 To Our Beloved and Faithful the Senators of the Dominion of 
 Canada, and the Members, elected to serve in the House of 
 Commons of Our said Dominion, and to each and every of 
 you — Greeting : 
 
 A PEOCLAMATION. 
 
 Whereas the Meeting of Our Parliament of Canada stands Pro- 
 rogued to the Seventeenth day of the month of December next, 
 Nevertheles.^, for certain causes and considerations. We have 
 thought fit further to prorogue the same to Thursday the Seven- 
 teenth day of the month of January next, so that neither you nor 
 any of you on the said Seventeenth day of December next at Our 
 City of Ottawa to appear are be held and constrained : for we do 
 will that you and each of you, be as to Us, in this mattei", entirely 
 exonerated ; commanding, and by the tenor of these presents, en- 
 joining you, and each of you, and all others in this behalf interested, 
 that on Thursday, the Seventeenth day of the month of January 
 
ASSEMBLING OP PARLIAMENT. 8*71 
 
 next, at Our City of Ottawa aforesaid, personally be and appear, 
 for the DESPATCH OF BUSINESS, to treat, do, act, and conclude upon 
 those things which in Our said Parliament of Canada, by the 
 Common Council of Our said Dominion, may, by the favour of 
 God, be ordained. 
 
 In Testimony "Whereof, We have caused these Our Letters to 
 be made Patent and the Great Seal of Canada to be hereunto 
 affixed. Witness, Our Eight Trusty and Entirely-Beloved 
 Cousin, the Most Honourable Henet Charles Keith Petty- 
 PiTZMAUKicE, Marquis of Lansdowne, in the County of 
 Somerset, Earl of Wycombe, of Chipping Wycombe, in the 
 County of Bucks, Viscount Cain of Calnstone in the County 
 of Wilts, and Lord Wycombe, Baron of Chipping Wycombe, 
 in the County of Bucks, in the Peerage of Great Britain ; Earl 
 of Kerry and Earl of Shelburne, Viscount Clanmaurice and 
 Fitzmaurice, Baron of Kerry, Lixnaw, and Dunkei-ron, in the 
 Peerage of Ireland ; Governor-General of Canada, and Vice 
 Admiral of the same, &c. 
 
 At Our Government House, in Our City of Ottawa, this Tenth 
 day of November, in the year of Our Lord, one thousand eight 
 hundred and eighty-three, and in the Porty-seventh year of Our 
 Eeign. 
 
 By Command, 
 
 EICHAED POPE, 
 Clerk of the Crown in Chancery, 
 
 Canada. 
 
 G, 
 
 PRAYERS OF THE HOUSE OF COMMONS. 
 
 " O Lord our Heavenly Father, high and mighty, King of kings, 
 Lord of lords, the only Euler of Princes, who dost from thy throne 
 behold all the dwellers upon earth ; Most heartily we beseech thee 
 with thy favour to behold our most gracious Sovereign Lady 
 Queen Victoria, and so replenish her with the grace of thy Holy 
 Sjpirit that she may alway incline to thy will, and walk in thy 
 way: Endue Her plenteously with Heavenly gifts; grant her in 
 health and wealth long to live ; strengthen her that she may 
 vanquish and overcome all her enemies ; and finally, aftei» this 
 life, she may attain everlasting joy and felicity, though Jesus 
 Christ Our Lord. — Amen." 
 
 "Almighty God, the Fountain of all Goodness, we humbly be- 
 seech Thee to bless Albert Edward, Prince of Wales, the Princess 
 
8*72 APPENDIX. 
 
 of Wales, and all the Royal Pamily : Endue them with Thy Holy 
 Spirit : Enrich them with Thy Heavenly Grace ; prosper them 
 with all happiness : and bring them to Thine everlasting King- 
 dom, through Jesus Christ Our Lord. — Amen." 
 
 "Most Gracious God, we humbly beseech Thee, as for the 
 United Kingdom of Great Britain and Ireland, and Her Majesty's 
 other Dominions in general, so especially for this Dominion, and 
 herein more particularly for the Governor-General, the Senate 
 and the House of Commons, in their legislative capacity at this 
 time assembled, that Thou wouldst be pleased to direct and pros- 
 per all their consultations, to the advancement of Thy glory, the 
 safety, honour and welfare of our Sovereign and Her Dominions, 
 that all things may be so ordered and settled by their endeavours 
 upon the best and surest foundations, that peace and happiness, 
 truth and justice, religion and piety, may be established among 
 us for all generations. These, and all other necessaries for them, 
 and for us, we humbly beg in the name, and through the media- 
 tion of Jesus Christ our most blessed Lord and Saviour. — Amen." 
 
 " Our Father which art in Heaven, Hallowed be thy name. 
 Thy Kingdom come. Thy will be done in Earth as it is in 
 Heaven. Give ua this day our daily bread. And forgive us our 
 trespasses as we forgive them who trespass against us. And lead 
 us not into temptation ; but deliver us from evil. — Amen." 
 
 H. 
 
 MODE OF PROPOSING MOTIONS AND AMENDMENTS. 
 
 Mr. Blake moves, seconded by Mr. Mills, 
 
 " That a humble address be presented to Her Most Gracious Majesty, 
 praying that she will be pleased to cause a measure to be submitted to 
 the Imperial Parliament providing that the Parliament of Canada shall 
 rot have power to disturb the Financial relations, established by the 
 British North America Act (1867) between Canada and the several Pro- 
 vinces, as altered by the Act respecting Nova Scotia." 
 
 Mr. Archibald moves in amendment, seconded by Mr. Mac- 
 donald (Middlesex), 
 
 That all the words after " That " to the end of the question be 
 left out, and the following words inserted instead thei'eof : — 
 
 "This House adheres to the decision of the Parliament of Canada at 
 its last session, as embodied in the Act intituled : — ' An Act respecting 
 Nova Scotia. ' " 
 
FORMS OF MOTIONS. SIS 
 
 Sir John Macdonald moves in amendment to the amendment, 
 seconded by Sir George B. Oartier, 
 
 That all the words after "thereof" in the said amendment be 
 left out, and the following words inserted instead thereof: — 
 
 " It is the undoubted privilege of Parliament to fix and determine the 
 amount of all expenditure chargeable on the public funds of the Dom- 
 inion." 
 
 And the question having been put on the amendment to the 
 said proposed amendment, it was resolved in the aflSrmative. 
 
 And the question on the amendment to the original question, 
 so amended, being again proposed, 
 
 Mr. Oliver moves, in amendment thereto, seconded by Mr. 
 Magill : — 
 
 That the following words be added at the end thereof: 
 
 "But this House is of opinion that no further grant or provision, beyond 
 those made by the Union Act and the Act respecting Nova Scotia, should 
 in future be made out of the Revenues of Canada, for the support of the 
 Government or Legislature of any of the Provinces." 
 
 And the question being put, that those words be there added, 
 the House divided, and it was so resolved in the affirmative. 
 
 And the question on the amendment to the original question, 
 so amended, being again proposed ; 
 
 Mr. Wood moved in amendment thereto, seconded by Mr. 
 Magill : 
 
 That the following words be added at the end thereof: 
 
 " And that such steps should be taken, as to render impossible any 
 such grant or provisions." 
 
 And the question being put that those words be there added, 
 it passed in the negative. 
 
 And the question being put on the amendment to the original 
 question, as amended, it was resolved in the affirmative. 
 
 Then the main question, as amended, being put : 
 
 " That it is the undoubted privilege of Parliament to fix and determine 
 the amount of all, expenditure chargeable on the public funds of the 
 Dominion ; but this House is of opinion that no further grant or provi- 
 sion beyond those made by the Union Act and the Act respecting Nova 
 Scotia, should in the future be made out of the revenues of Canada, for 
 the support of the Government or Legislature of any of the Provinces." 
 
8'74 APPENDIX. 
 
 The House divided ; and it was resolved in the affirmative. 
 {See Journals of the Souse of Gommons, 31st March, 1870.) 
 
 AMENDMENTS TO STJPPLT AND WATS AND MEANS. 
 
 The order of the day being read for the House again in the 
 Committee of Supply, 
 
 And the question being proposed, that Mr. Speaker do now 
 leave the chair, 
 
 Mr. Laurier moves, in amendment, seconded by Mr. Blake : 
 
 "That all the words after 'That' to the- end of the question be left 
 out, and the following words added instead thereof: ' In the opinion of 
 this House, the public interests would be promoted by the repeal of the 
 duties imposed on coal, coke and breadstuffs, free under the former tariff,' 
 etc." 
 
 On Second Beading. 
 
 Certain resolutions having been reported from Committee of 
 Supply, 
 
 And a motion being made, and the question being proposed, 
 That the said resolutions be now read a second time. 
 
 Mr. moves, in amendment, seconded by Mr. 
 
 "That all the words after ' That ' to the end of the question, be left out 
 in order to add the following words instead thereof, etc." 
 
 On Concurrence. 
 
 A resolution having been read a second time, and the question 
 being proposed. That the House do concur with the Committee 
 in the said resolution ; 
 
 Mr. moves in amendment, seconded by Mr. , 
 
 " That all the words after ' That ' to theTend of the question be left out 
 etc." 
 
 MOTIONS RESPECTING PUBLIC BILLS. 
 
 On Introduction. 
 
 Mr. Eichey moves, seconded by Mr. Daly, for leave to bring 
 in a bill to amend the Acts respecting Cruelty to Animals. 
 
 At Other Stages. 
 
 Ml'. Eichey moves, seconded by Mr. Daly, that the bill to 
 amend the Acts respecting cruelty to animals, be now read a 
 
FORMS 01 MOTIONS. 8*75 
 
 second time (or committed to a committee of the whole), or read 
 a third time. 
 
 On Reference to a Select Committee. 
 
 Mr. Weldon moves, seconded by Mr. McCarthy : 
 
 " That the bill to amend the Act passed in the forty-fifth year of the 
 reign of Her present Majesty, intituled : An Act to repeal the duty on 
 promissory notes and bills of exchange, &c., be referred to a select com- 
 mittee composed of Messrs. Weldon, McCarthy, Girouard (Jacques-Car- 
 tier), Jamieson and Wells." 
 
 Instruction. 
 
 The oi'der of the day being read, for the Committee on the 
 County Courts (Ireland) Bill ; 
 
 Mr. moves, seconded by Mr. 
 
 " That it be an instruction to the Committee, that they have power to 
 make provision for the extension of the Equity jurisdiction of the Courts." 
 (137 E. Com. J. 202.) 
 
 On Second Heading. 
 
 The order of the day being read for the second reading of the 
 Thames Eiver bill ; 
 
 And a motion being made, and the question being proposed, 
 That the bill be novr read a second time : 
 
 Mr. A moves, in amendment, seconded by Mr. B : 
 
 " That all the words after ' That ' to the end of the question be left out, 
 and that the following words be added instead thereof: 'The character 
 and objects of this bill are such as to constitute it a measure of public 
 policy which ought not to be dealt with by any private bill.' " (See 136 E. 
 Com. J. 162; Can. Com. J. [1882] 410.) 
 
 On Order for Committee of the Whole. 
 
 The order of the day being read for the House in Committee 
 on the bill to establish a Supreme Court and a Coui-t of Exchequer 
 for the Dominion of Canada ; 
 
 And the question being proposed. That Mi-. Speaker do now 
 leave the chair ; 
 
 Ml-. Baby moves, in amendment, seconded by Mr. Mousseau : 
 
 "That all the words after 'That' to the end of the question be left out 
 and the following words added instead thereof: 'In the resolutions 
 adopted at the conference held at Quebec, etc' " (Can. Com. J. [1875] 
 284-285.) 
 
8*76 APPENDIX. 
 
 To defer Consideration of a Bill. 
 
 The order of the day being read, for the second reading of the 
 bill to amend " An Act to enlarge and extend the powers of the 
 Credit Poncier, Pranco-Canadien." 
 
 And the question being proposed, That the bill be now read a 
 second time ; 
 
 Mr. Bourassa moves in amendment, seconded by Mr. Fiset : 
 
 " That the word ' now ' be left out, and the words ' this day six months ' 
 added at the end of the question." 
 
 In Case of a Bill temporarily Superseded. 
 
 That the bill to amend the Insolvent Act of 1875 be read a 
 second time on Thursday next. (Com. J., 1876, p. 245.) 
 
 That this House will, on Monday next, resolve itself into a 
 committee to consider further of the bill (Com. J., 1883, p. 159). 
 
 MOTIONS EBSPECTING PRIVATE BILLS. 
 
 In case the Committee on Standing Orders recommend a sus- 
 pension of the 51st rule respecting notice, the following proceed- 
 ing is necessary : 
 
 Mr. Killam moves, seconded by Mr. Brown, 
 
 "That the fifty-first rule of this House be suspended, in so far as it 
 afifects the petition of the Exchange Bank of Yarmouth, Nova Scotia, in 
 accordance with the recommendation of the Select Standing Committee 
 on Standing Orders.'' 
 
 This motion having been agreed, Mr. Killam moves, seconded 
 by Mr. Brown, for leave to introduce the bill as above. 
 
 Title amended on Motion for Passage. 
 
 Mr. Gault moves, seconded by Mr. Coursol, 
 
 "That the bill do pass and that the title be ' An Act to amend the Act 
 of incorporation of ' The Accident Insurance Company of Canada,' and to 
 authorize the change of the name of the said Company to ' The Accident 
 Insurance Company of North America.' " 
 
 Disagreement to a Senate Araendment. 
 
 The amendments made by the Senate to the bill intituled " An 
 Act to incorporate the Missionary Society of the Wesleyan 
 Methodist Church in Canada " were read a second time. 
 
FORMS OF PETITIONS. 81 1 
 
 The first amendment having been agreed to, Mr. McCarthy- 
 moves, seconded by Mr. Cameron, of Victoria, to disagree to the 
 second amendment for the following reason : 
 
 (Here state reason in full as on page 326, journals of 1883.) 
 
 Befunding of Fees on a Private Bill. 
 Mr. Williams moves, seconded by Mr. White, of East Hastings, 
 
 " That the fees and charges paid on the bill to incorporate the Univer- 
 sity of Saskatchewan and to authorize the establishment of colleges 
 within the limits of the diocese of Saskatchewan be refunded, leas the 
 cost of printing and translation, in accordance with the recommendation 
 of the Select Standing Committee on Miscellaneous Private bills." 
 
 FORM OF PETITION TO THE THREE BRANCHES OF PARLIA- 
 MENT FOR A PRIVATE BILL. 
 
 To His Excellency the Eight Honourable Sir Frederick Arthur 
 Stanley, Baron Stanley of Preston, Governor-General of Canada, 
 etc., etc., etc., in Council. 
 
 The Petition of the undersigned of the of 
 
 humbly sheweth : 
 
 That (here state the object desired by the petitioner in soliciting 
 an Act). 
 
 Wherefore your petitioner humbly prays that Your Excellency 
 may be pleased to sanction the passing of an Act (for the pur- 
 poses above mentioned). 
 
 And as in duty bound your petitioner will ever pray. 
 
 ,„. , s f Seal, in the case of an existing 
 (Signature) | Corporation. 
 
 {Bate.) 
 
 {To either Souse.) 
 
 To the Honourable the { ^^^l ^^ Commons } 
 of Canada, in Parliament assembled : 
 
 The Petition of the undersigned of the of 
 
 humbly sheweth : 
 
 That {here state the object desired by the petitioner in solicit- 
 ing an Act.) 
 Wherefore your petitioner humbly prays that your Honourable 
 
8*78 APPENDIX. 
 
 House may be pleased to pass an Act (for the purposes above men 
 tioned). 
 
 And as in duty bound your petitioner will ever pray. 
 
 (Signature) ^ Seal, as above. 
 
 (Date.) 
 
 NOTIFICATION OF VACANCIES IN THE HOUSE OF COMMONS 
 AND OF SPEAKER'S WARRANTS FOR NEW WRITS. 
 
 1. Notification by two members in case of a vacancy by death or the 
 acceptance of office. 
 
 Bominim of Canada. \ ^ ^^ Commons. 
 
 To wit : J 
 
 To the Honourable the Speaker of the House of Commons : 
 
 We, the undersigned, hereby give notice that a vacancy hath 
 occurred in the representation in the House of Commons, for the 
 Electoral District of (here state Electoral District, cause of vacancy 
 and name of member vacating seat). 
 
 G-iven under Our Hands and Seals, at , this 
 
 day of , 18 
 
 Member for the Electoral District 
 
 of 
 Member for the Electoral District 
 
 of 
 
 2. Notification by two members in case of absence of Speaker. 
 Dominim of^QanaM, | ^^^^^ ^^ Commons. 
 
 To the Clerk of the Crown in Chancery. 
 
 The Speaker of the House of Commons being absent from 
 Canada, these are to require you, under and in virtue of the 49th 
 Vic, Cap. 13, sec. 8, subsection 2, (Eevised Statutes of Canada) 
 to make out a new writ for the election of a Member to serve in 
 the present Parliament for the Electoral District of 
 in the Province of in the room and place of 
 
 who, since his election for the said Electoral District, hath 
 
NOTIFICATION OF VACANCIES. STQ 
 
 Given under Our hands and Seals, at this 
 
 day of in the year of Our Lord one thousand eight 
 
 hundred and 
 
 Member for the Electoral District 
 
 of 
 Member for the Electoral District 
 
 of 
 
 3. Resignation cf a Member. 
 
 Dominion of Canada, } tt«„„„ „ r^ 
 
 To wit ■ I -House or Commons. 
 
 To the Honourable Speaker of the House of Commons : 
 
 I, member of the House of Commons of Canada, 
 
 for the electoral district of , do hereby resign my seat 
 
 in the said House of Commons, for the constituency aforesaid. 
 
 Given under my hand and seal at the this day 
 
 [L.S.] 
 
 of ,18 
 
 Witness, &c. 
 
 Speaker's Warrants tor New Writs or Election. 
 1. In case of death, resignation or acceptance of office. 
 
 Dominion of Canada, ) tt ^ 
 
 To wit ■ I House of Commons. 
 
 To the Clerk of the Crown in Chancery : 
 
 These are to require you to make out a new writ for the elec- 
 tion of a Member to serve in this present Parliament for the 
 Electoral District of , 
 
 in the room of who, since the election for the said 
 
 Electoral District hath (here state reason for issue of warrant ; 
 acceptance of office, resignation or decease'). 
 
 Given under my hand and seal at this day of 
 
 in the year of Our Lord one thousand eight hundred and 
 
 Speaker. 
 
880 
 
 APPENDIX. 
 
 2. In case of voiding of seat by decision of Election Court. 
 Dominwn ^_ Canada, | ^^^^^ ^^ Commons. 
 
 To the Clerk of the Crown in Chancery : 
 
 These are to require you to make out a new writ for the election 
 of a Member to serve in this present Parliament for the Electoral 
 District of in the i-oom of whose election for 
 
 the said Electoral District has been declared void. 
 
 Given under my hand and seal at this day of 
 
 in the year of Oar Lord one thousand eight hundred and 
 
 Speaker 
 
 K. 
 
 MODEL SILL FOB THE INCORPORATION OF A RAIL- 
 WAY COMPANY. 
 No. .] ■ 18 . 
 
 An Act to incorporate the 
 
 Eailway Company. 
 
 Preamble. 
 
 WHEREAS a petition has been presented praying 
 for the incorporation of a company to construct 
 and operate a railway as hereinafter set forth, and it is 
 expedient to grant the prayer of the said petition : There- 
 fore Her Majesty, by and with the advice and consent of 
 the Senate and House of Commons of Canada, enacts as 
 follows : — 
 
 1. {Insert here names of those applying for incorporation), 
 together with such persons as become shareholders in 
 the Company hereby incorporated, are hereby consti- 
 tuted a body corporate under the name of (here insert 
 name of Company), hereinafter called "the Company." 
 
 Head office. 2. The head office of the Company shall be in the 
 
 Line of 3. The Company may lay out, construct and operate a 
 
 dSfbed J^'^il^^y of the gauge of four feet eight and one-half inches 
 from a point in or near the 
 to a point in or near the 
 
 (here insert and define clearly the route of the proposed rail- 
 way and specify the principal points along the said route) . 
 
 Provisional 4. The persons mentioned by name in the first section 
 directors, of this Act are hereby constituted provisional directors 
 of the Company. 
 
 Incorpora- 
 tion. 
 
 Corporate 
 name- 
 
MODEL BILL FOR RAILWAY. 881 
 
 5. The capital stock of the Company shall be Capital 
 
 dollars, and may be called up by the directors oaiia there- 
 from time to time, as they deem necessary, but no one °°- 
 call shall exceed ten per cent, on the shares subscribed. 
 
 6. The annual genei-al meeting of the shareholders Annual 
 shall be held on the first in in each year, ^"^"^g 
 
 7. At such meeting the subscribers for the capital stock Number of 
 assembled who have paid all calls due on their shares shall 'i"'^<''"^- 
 choose persons to be directors of the Com- 
 pany, one or more of whom may be paid directors of the 
 Company. 
 
 8. The Company may issue bonds, debentures or other Amount of 
 securities to the extent of thousand dollars per y™^|'ci. "" 
 mile of the railway and branches, and such bonds, deben- 
 tures or other securities may be issued only in propor- 
 tion to the length of railway constructed or under con- 
 tract to be constructed. 
 
 9. The Company may enter into an agreement with Agree- 
 {name the company or companies it is proposed to makef^^^eT^ 
 agreements with) for conveying or leasing to such com- company. 
 pany the railway of the Company hereby incorporated, 
 
 in whole or in part, or any rights or powers acquired 
 under this Act, as also the surveys, plans, works, plant, 
 material, machinery, and other property to it belonging, 
 or for an amalgamation with such company, on such gg^^^y^^ „f 
 terms and conditions as are agreed upon, and subject to the share- 
 such restrictions as to the directors seem fit, provided ^^i^^fg^^^'J 
 that such agreement has been first sanctioned by two-emorin 
 thirds of the votes at a special general meeting of the °"°°' " 
 shareholders duly called for the purpose of considering 
 the same, — at which meeting shareholders representing 
 at least two-thirds in value of the stock are present in 
 person or represented by proxy, — and that such agree- 
 ment has also received the approval of the Governor in 
 Council. 
 
 2. Such approval shall not be signified until after notice jjotiee of 
 of the proposed application therefor has been published |PP«°atio° 
 in the manner and for the time set forth in section two provai. 
 hundred and thirty-nine of " The Railway Act," and also 
 for a like period in one newspaper in each of the counties 
 (or electoral districts) through which the railway of the 
 Company hereby incorporated runs, and in which a news- 
 paper is published. 
 
 56 
 
882 
 
 APPENDIX. 
 
 RULES AND STANDING ORDERS OF THE ENGLISH HOUSE 
 OF COMMONS RELATING TO DEBATE, ADJOURNMENT, 
 CLOSURE, ETC. ^ 
 
 SITTINGS OF THE HOUSE. 
 
 That the Chairman of "Ways and Means do take the Chair as 
 Deputy Speaker, when requested to do so by Mr. Speaker, 
 without any formal communication to the House. 
 
 And that Mr. Speaker do nominate, at the commencement of 
 every Session, a panel of not more than five Members to act as 
 temporary Chairmen of Committees, when requested by the 
 Chairman of Ways and Means. 
 
 ADJOURNMENT OF THE HOUSE. 
 
 Motions for Adjournment after questions, on a matter of urgent 
 public importance. 
 
 A motion for the adjournment of the House, for the purpose 
 of raising debate, may only be made when all the questions to 
 members upon the Notice Paper have been disposed of, and be- 
 fore the Orders of the Day, Notices of Motions, or Motions at 
 the commencement of public business have been entered upon. 
 
 The member who desires to make such motion, having pre- 
 viously delivered to the speaker a written statement of the sub- 
 ject to be discussed, rises in his place and states, that he asks 
 leave to move the adjournment of the House for the purpose of 
 discussing a definite matter of urgent public importance, and he 
 states the matter. 
 
 H the leave of the House be not given, Mr. Speaker desires 
 those members who support the motion to rise in their places ; 
 and if not less than forty members rise accordingly, Mr. Speaker 
 calls on the member to make the motion. If, however, fewer 
 than forty members and not less than ten have so risen, the 
 member may, if he thinks fit, claim a division, upon question 
 put forthwith, to determine whether such motion may be made. 
 
 Not more than one motion for adjournment under this Stand- 
 ing Order (No. lY) can be made during a sitting of the House; 
 nor may more than one matter of urgent public importance be 
 raised .upon such motion, A matter, submitted to the House in 
 pursuance of this Standing Order, which fails to obtain the 
 
 ' Taken from S. 0., ordered to be printed, 7th March, 1888, and Rules 
 and Orders (Palgrave), 1891. 
 
RULES AND STANDING ORDERS. 883 
 
 requisite support, cannot , during the same session, be agaia 
 brought forward under this Standing Order. Nor can this 
 Standing Order be used to raise discussion upon matters ah-eady 
 debated by the House during the current session, whether upon 
 a previous motion, or upon an order of the day, nor upon mat- 
 ters under notice for discussion, or standing as an oi'der of the 
 day, although the notice or order be previously withdrawn at 
 the same sitting. 
 
 In like manner the debates on the terms of a bill in the House 
 of Lords, or a matter of privilege cannot be brought before the 
 House upon a motion for adjournment. 
 
 The right to make this motion does not preclude a motion for 
 the immediate adjournment of the House, made at any time be- 
 fore the commencement of public business by a Minister of the 
 Crown, if occasion for the motion has arisen. 
 
 Debate on Motions for Adjournment. 
 
 That when a Motion is made for the Adjournment of a Debate 
 or of the House during any Debate, or that the Chairman of any 
 Committee do report progress, or do leave the Chair, the Debate 
 thereupon shall be confined to the matter of such Motion ; and 
 no Member, having moved or seconded such Motion, shall be 
 entitled to move, or second, any similar Motion dui-ing the same 
 Debate. 
 
 Motions for Adjournment in abuse of the Rules of the Souse. 
 
 That if Mr. Speaker or the Chairman of a Committee of the 
 whole of the House, shall be of opinion that a motion of Ad- 
 journment of a Debate, or of the House, during any debate, or 
 that the Chairman do report Progress, or do leave the Chair, 
 is an abuse of the Eules of the House, he may forthwith put 
 the question thereupon from the Chair, or he may decline to 
 propose the question thereupon to the House. 
 
 Debate. 
 
 Irrelevance or Bepetition. 
 
 That Mr. Speaker or the Chairman, after having called the 
 attention of the House or of the Committee to the conduct of a 
 Member who persists in irrelevance or tedious repetition either 
 of his own arguments or of the arguments used by other Mem- 
 bers in Debate, may direct him to discontinue his speech. 
 
 Closure of Debate. 
 That after a question has been proposed, a Member rising in 
 his place may claim to move, "That the question be now put," 
 
884 APPENDIX. 
 
 and unless it shall appear to the Chaii* that such Motion is an 
 abuse of the Eules of the House, or an infringement of the 
 rights of the minority, the question, " That the question be now- 
 put," shall be put forthwith, and decided without Amendment 
 or Debate. 
 
 "When the Motion "That the question be now put " has been 
 carried, and the question consequent thereon has been decided, 
 any further Motion may be made (the assent of the Chair, as 
 aforesaid, not having been withheld) which may be requisite to 
 bring to a decision any question already proposed from the 
 Chair ; and also if a Clause be then under consideration a Motion 
 may be made (the assent of the Chair, as aforesaid, not having 
 been withheld), That the question, That certain words of the 
 Clause defined in the Motion stand part of the Clause, or that the 
 Clause stand part of, or be added to the Bill, be now put. Such 
 Motions shall be put forthwith, and decided without Amendment 
 or Debate. 
 
 Provided always, that this Eule cannot be put in force save 
 when the Speaker or Chairman of Ways and Means is in the 
 Chair. 
 
 Majority for Closure of Delate. 
 
 That questions for closure of Debate ucder Standing Order 
 ISo. 25 [just cited] shall be decided in the affirmative, if, when 
 a division be taken, it appears by the numbers declared from 
 the Chair that not less than one hundred Membei's voted in the 
 majority in support of the motion. 
 
 DISORDKELT CONDUCT. 
 
 That Mr. Speaker, or the Chairman, do order Members whose 
 conduct is grossly disorderly, to withdraw immediately from the 
 House during the remainder of that day's sitting ; and that the 
 Serjeant-at-Arms do act on such Orders as he may receive from 
 the Chair, in pursuance of this Eesolution. But if on any occa- 
 sion Mr. Speaker or the Chairman deems that his powers under 
 this Standing Order are inadequate, he may name such Member 
 or Members in pursuance of the Standing Order, "Order in 
 Debate," or he may call upon the House to adjudge upon the 
 conduct of such Member or Members. 
 
 Provided always. That Members who are ordered to withdraw 
 under this Standing Order, or who are suspended from the ser- 
 vice of the House under the Standing Order, "Order in Debate," 
 shall forthwith withdraw from the precincts of the House, sub- 
 ject, however, in the case of such suspended Members, to the 
 proviso in that Standing Order regarding their service on Private 
 Bill Committees. 
 
RULES AND STANDING ORDERS. 885 
 
 DIVISIONS. 
 
 Two-Minute Glass to be turned. 
 
 That so soon as the voices have been taken, the Clerk shall 
 turn a two-minute Sand-Glass, to be kept on the Table for that 
 purpose, and the Doors shall not be closed until after the lapse 
 of two minutes as indicated by such Sand-G-lass. 
 
 Doors to be closed after lapse of Two Minutes. 
 
 That the Doors shall be closed so soon after the lapse of 
 two minutes as the Speaker or the Chairman of the Committee 
 of the whole House shall think proper to direct. 
 
 Divisions frivolously claimed. 
 
 That Ml". Speaker, or the Chairman may, after the lapse of 
 two minutes as indicated by the Sand-Glass, if in his opinion 
 the Division is frivolously or vexatiously claimed, take the vote 
 of the House, or Committee, by calling upon the Members who 
 support, and who challenge his decision, successively to rise in 
 their places ; and he shall thereupon, as he thinks fit, either 
 declare the determination of the House or Committee, or name 
 Tellers for a Division. And in case there is no Division the 
 Speaker or Chairman shall declare to the House or the Commit- 
 tee the number of the minority who had challenged his decision, 
 and their names shall be thereupon taken down in the House, 
 and printed with the list of divisions. 
 
 BILLS. 
 
 Consideration of a Bill as amended. 
 
 That, when the Order of the Day for the consideration of a 
 Bill, as amended in the Committee of the whole House, has 
 been read, the House do proceed to consider the same without 
 question put, unless the Member in charge thereof shall desire to 
 postpone its consideration, or a motion shall be made to re-com- 
 mit the Bill. 
 
 Amendments on Report. 
 
 That upon the Eeport stage of any Bill no amendment may be 
 proposed which could not have been proposed in Committee 
 without an instruction from the House. 
 
886 APPENDIX. 
 
 COMMITTEES. 
 
 When the House resolves itself into Committee forthwith. 
 
 That whenever an Order of the Day is read for the House to 
 resolve itself into Committee (not being a Committee to consider 
 a Message from the Crown, or the Committee of Supply, or of 
 Ways and Means), Mr. Speaker shall leave the Chair without 
 putting any question, and the House shall thereupon resolve 
 itself into such Committee, unless Notice of an instruction there- 
 to has been given, when such instruction shall be first disposed 
 of. 
 
 Chairman when ordered to Report leaves the Chair without 
 Question put. 
 
 That when the Chairman of a Committee has been ordered to 
 make a Report to the House, he shall leave the Chair without 
 question put. 
 
 COMMITTEE OF SUPPLY. 
 
 When Mr. Speaker leaves the Chair for Committee of Supply 
 without Question put. 
 
 That whenever the Committee of Supply stands as an Order 
 of the Day on Monday or Thursday, Mr. Speaker shall leave the 
 Chair without putting any question, unless on first going into 
 Supply on the Army, Navy or Civil Services estimates, respect- 
 ively, or on any vote of credit, an amendment be moved, or 
 question raised, relating to the estimates proposed to be taken 
 in supply. 
 
 Notice of Amendments. 
 
 Previous notice of a matter brought before the House by 
 way of amendment is, as a rule, unnecessary. Notice, however, 
 must be given of amendments on going into Committee of supply, 
 Eule No. 314; of clauses On the consideration of a Bill by the 
 House, Eule No. 254 ; of the names of Members to be nominated 
 by way of amendment, on a Select Committee, Rule No. 325 ; 
 and of an amendment to an instruction, under Eule, No. 363. 
 
 Procedure on amendments and Debates on going into the Committee 
 
 of Supply. 
 
 The established usage that grievances of any kind may be 
 brought forward upon the question, That the Speaker do now 
 leave the Chair for the Committee of Supply, is to a certain 
 
RVLES AND STANDING ORDERS. 88*7 
 
 extent controlled by practice, and by the Standing Orders. 
 "When, in accordance withEule, 'No. Ill, supply stands on Friday, 
 the first Order of the Day, general subjects, wholly unconnected 
 with supply, may be discussed by way of amendment ; and on 
 the main question, that Mr. Speaker do now leave the Chair, 
 general debate may be raised; and this privilege is in force 
 whenever the House goes into Committee of supply on every 
 day except a Monday or a Thursday. 
 
 But when the House first goes into supply on a Monday or a 
 Thursday to consider the Army, Navy, and Civil Service esti- 
 mates, amendments and debate are under Eule, No. 311, strictly 
 limited to the class of estimate then set down for consideration ; 
 and, when the House has once gone into Committee on these 
 estimates, on every succeeding Monday and Thursday the Speaker 
 leaves the Chair without question put. 
 
 No amendment may be moved to the question that the Speaker 
 do leave the Chair, or debate be raised thereon, which touches 
 specifically any vote in supply, whether agreed to or not yet 
 proposed, or which revives, or anticipates matters already de- 
 cided or set down for future discussion. 
 
 When an amendment to the question. That Mr, Speaker do 
 now leave the Chair, has been negatived ; as the question, that 
 the words proposed be left out stand part of the question, has 
 been agreed to, no further amendment can be moved ; but debate 
 on the main question can be maintained by Members who have 
 not moved or seconded an amendment thereto. 
 
 On the question, That Mr. Speaker do leave the Chair for the 
 Committee of supply, observations may be made, with or with 
 out notice ; but specific notice must be given of amendments to 
 that question. 
 
APPENDIX. 
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FORMS FOR DIVORCE. 889 
 
 N. 
 
 FORMS IN PROCEEDINGS FOR DIVORCE. 
 
 Exile W op Senate. 
 
 The subjoined forms, varied to suit the circumBtances of the 
 case, or forms to the like effect, may be used in proceedings for 
 Divorce. 
 
 FOEMS. 
 
 "A" 
 
 NOTICE OP APPLICATION FOK DIVORCE. 
 
 Notice is hereby given that (name of applicant in full) of the 
 of , in the 
 
 county (or districf) of , in the 
 
 Province of , (here state the 
 
 addition or occupation, if any, of applicant), will apply to the Par- 
 liament of Canada, at the next session thereof, for a Bill of Di- 
 vorce from his wife (or her husband), (here state names in full, 
 residence or addition or occupation, if any, of the person from whom 
 the divorce is sought), on the ground of (adultery, adultery and 
 desertion, or as the case may be). 
 
 Dated at , ") Signature of applicant 
 
 Province of , > or of solicitor for 
 
 day of 189 , J applicant. 
 
 ( When any particular relief is to be applied for, the nature thereof 
 should be briefly indicated in the notice.) 
 
 "B" 
 
 DECLARATION AS TO SERVICE OP NOTICE WHEN MADE 
 PERSONALLY. 
 
 Province op 
 County (or district) op 
 To "Wit: 
 
 I, A. B., of the 
 of in the county 
 
 (or district) of 
 in the Province of 
 (occupation) do solemnly de- 
 
 clare : 
 
 1. That on the day of 
 
 A.D. 189 , 1 personally served C. D. (name of person served) with 
 a true copy of the notice hereto attached and marked " A," by 
 giving the said copy to and leaving it with the said 0. D. at 
 (state place of service). 
 
890 APPENDIX. 
 
 2. That I know the said C. D. and that I believe him to be the 
 person described in the said notice aa the husband of E. P. there- 
 in named. 
 
 {Add any statements made hy C. D. to the person effecting the ser- 
 vice showing identity.') 
 
 And I make this solemn declaration conscientiously believing 
 the same to be true, and by virtue of the " Act respecting Extra- 
 judicial Oaths." 
 
 Declared before me, at the of ^ Signature of 
 
 in the county of , in the I declarant. 
 
 Province of , this day of f 
 
 A.D. 189 . J 
 
 Note. — Exhibits attached to the declaration should he verified under 
 the hand of the public functionary before whom the declaration is 
 made. 
 
 "C" 
 
 GENERAL FORM OF PETITION. 
 
 To the Honourable the Senate of Canada in Parliament assem- 
 bled : 
 
 The petition of A. B., of the of , 
 
 in the County of in the Province of , 
 
 the lawful wife of C. D., of, &c. (state names in full, residence and 
 occupation.) 
 
 Humbly sheweth : 
 
 1. That on or about the day of , 
 
 A. U. 189 , your petitioner, then A. X. (spinster or as the case 
 be), was lawfully married to the said C. D. at 
 
 2. That the said marriage was by license duly obtained (or as 
 the case may be) and was celebrated by 
 
 3. That at the time of the said marriage your petitioner and 
 the said C. D. were domiciled in Canada, and have ever since 
 continued to be and are now domiciled in Canada. 
 
 (All facts as to the residence and domicile of the parties at and 
 since their marriage should be stated with particularity.) 
 
 4. That after her said marriage your petitioner lived and co- 
 habited with her said husband at 
 
 , and that there are now living issue of the said 
 marriage children, viz : Mary D., born the 
 
 day of , 189 , and Elizabeth D., 
 
 born the day of A.D. 189 . 
 
FORMS FOR DIVORCE. 891 
 
 5. That on or about the day of 
 
 , A.D. 189 , at the in the 
 
 , the said C. D. committed adultery 
 with one G. H. of 
 
 , spinster, and since then on divers occasions 
 has committed adultery with the said G. H. 
 
 6. That your petitioner ever since she discovered her said 
 husband had committed the said adultery has lived separate and 
 apart from him and the said C. T>. has not since cohabited with 
 your petitioner. 
 
 T. That your petitioner has not in any way condoned the 
 adultery committed by the said C. D., and that no collusion or 
 connivance exists between myself and the said 0. D. to obtain a 
 dissolution of our said marriage. 
 
 Tour petitioner therefore humbly prays : 
 
 That your Honourable House will be pleased to pass an Act 
 dissolving the said marriage between your petitioner and the 
 said C. D., and enabling your petitioner to marry again, and 
 giving to your petitioner the custody of the said Mary D. and 
 Elizabeth D., and gi-anting your petitioner such further and 
 other relief in the premises as to your Honourable House may 
 seem meet. 
 
 And as in duty bound your petitioner will ever pray. 
 
 Signature of Petitioner. 
 
 "D" 
 
 DECLARATION VEEIFTING PETITION. 
 
 I, A. B., of the 
 of , in the County 
 
 -of , in the Province 
 
 of , (occupation, if 
 
 any. In the case of the wife Ic- 
 ing the applicant, say " wife of 0. JD." and give names, residence and 
 occupation or addition of the husband), the petitioner in the fore- 
 going petition named, do solemnly declare : — 
 
 1. That, to the best of my knowledge and behef, the allega- 
 tions contained in the paragraphs of the foregoing petition, 
 numbered respectively > ^^e, 
 and each of them, is true. 
 
 2. (If any matter is alleged, of which the petitioner has not per- 
 sonal knowledge, add " That, with respect to the matters alleged in 
 the paragraphs of the foregoing petition, numbered respectively 
 
 Province op 
 County (or District) of 
 To Wit : 
 
892 APPENDIX. 
 
 , I am credibly informed and believe them, and each 
 of them, to be true.") 
 
 And I make this solemn declaration conscientiously believing 
 the same to be true, and by virtue of the " Act respecting Extra- 
 judicial Oaths." 
 
 Declared before me, at the of") Signature of 
 
 , in the County of of ! declarant. 
 
 in "the Province of f 
 
 day of A. D. 189 . J 
 
 O. 
 
 SUPPLEMENTARY NOTES TO TEXT OF THIS WORK. 
 
 The following notes refer to proceedings of the session of the 
 Dominion Parliament for 1891, after this work was nearly all in 
 type and are necessary to make it complete to the latest date 
 possible. 
 
 1. The Bights of the Dominion in Public Harbours. 
 
 See supra, p. 104. 
 
 During the session of 1891 an act was passed "authorizing"^ 
 the transfer of certain public property to the provincial govern- 
 ments. (See 54-55 Vict. c. 1.) It transferred generally, with 
 certain limitations, all the interest of her Majesty in the right of 
 Canada in the foreshore and bed of every stream, river, lake, 
 harbour, bay, open sea or other territorial waters of Canada 
 within the respective limits of the provinces. This legislation 
 was necessary to remove doubts as to the ownership of the fore- 
 shores of Canada. Outside of the limits of public harbours there 
 had been no authoritative decision as to where the right of prop- 
 erty lies. In the course of the discussion on the bill reference was 
 made to the case of Holman v. Green (Sup. Court of Can. vi. 707) 
 where it was decided that the public harbours, which by the B. 
 N. A. Act are declared to bo the property of the Dominion, 
 include all harbours, together with the bed and soil thereof, 
 which the public have the right to use, and are not limited to 
 such as at the time of confederation had been artificially con- 
 structed or improved at the public expense ; and where a grant 
 of part of the foreshore of a natural harbour used as such by the 
 public, was made by the provincial government of Prince Bd- 
 
SUPPLEMENTARY NOTES. 893 
 
 ward Island subsequent to the admission of that province into 
 the union, the grant was held to be invalid. (See Debate in Can. 
 Hans., Aug. IT and Sept. 28, 1891.) The assent of the Crown was 
 given on the third reading of the bill, as it involved, in the view 
 of the Grovernment, the right of the Crown in the public domain. 
 
 2. Franchise Act. 
 
 See supra, p. 147. 
 
 In the session of 1891, the Electoral Franchise Act was further 
 amended. (See 54-55 Vict. c. 18.) As no statement in the text 
 of this work is changed by the statute in question, it is not ne- 
 cessary to do more than mention its passage in these supplemen- 
 tary notes. 
 
 3. Dominion Elections. 
 See supra, p, 151. 
 
 In the session of 1891 the Dominion Elections Act was further 
 amended. (See 54^55 Vict. o. 19.) By this amending act more 
 stringent provisions are made for the security of ballot boxes, 
 and for ascertaining the cause of their disappearance in any case. 
 As the law now is, the returning officer has to take immediate 
 measures to ascertain, by such evidence as he is able to obtain, 
 the total number of votes given to each candidate at the several 
 polling places. The returning officer must return the candidate 
 with the majority of votes, and make a special report of the cii-- 
 cumstances accompanying the disappearance of the ballot boxes. 
 He must, immediately after the sixth day, when he has made 
 his final addition under section 60 of the Dominion Elections Act, 
 or after he has ascertained under the circumstances just stated, 
 the total number of votes given for each candidate, unless before 
 that time he receives notice that he is required to attend before 
 a judge for the purpose of a final addition or recount by such 
 judge, of the votes given at the election, and where there has 
 been a final addition or re-count by the judge immediately there- 
 after, transmit his return to the Clerk of the Crown in Chancery 
 that the candidate having the largest number of votes has been 
 duly elected, and shall forward to each of the respective candi- 
 dates a duplicate or copy thereof. It is also provided in this 
 amending act that " the Clerk of the Crown in Chancery shall, 
 on receiving the retui-n of any member elected to the House of 
 Commons, enter such return in a book to be kept by him for 
 such pui'pose in the order in which the same is received by him, 
 and thereupon immediately give notice in the ordinary issue of 
 the Canada Gazette of the name of the candidate so elected and 
 in the order in which it was received." 
 
894 APPENDIX. 
 
 4. Dominion Controverted Elections Act. 
 
 See mpra, pp. 156-159. 
 
 In the session of 1891 the Dominion Controvei-ted Elections 
 Act was further amended. (See 54-55 Vict. c. 20.) It is now- 
 provided that an election petition " must be presented not later 
 than thirty days after the day fixed for the nomination, in case 
 the candidate or candidates have been declared elected on that 
 day, and in other cases forty days after the holding of the poll, 
 unless it questions the return or election upon an allegation of 
 corrupt practices, and specifically alleges a payment of money 
 or other act of bribery by any member or on his account, with 
 his privity, since the time of the taking of the votes of such 
 electors, in pursuance or in furtherance of such corrupt practice, 
 in which case the petition may be presented at any time within 
 thirty days after the date of such payment or act : and in case 
 any petition is presented at either time and on any ground, the 
 sitting member whose election and return is petitioned against 
 may, not later than fifteen days after service of such petition 
 against his election and return, file a petition complaining of 
 any unlawful and corrupt act by any candidate at the same elec- 
 tion who was not returned, or by any agent of such candidate 
 with his consent or privity." Other important amendments, 
 not necessary to be mentioned here, are made in the same statute. 
 
 5. Resignation of a Member while his Seat is Contested. 
 See supra p. 184. 
 
 Mr. Thomas McGreevy, in the session of 1891, formally re- 
 signed his seat in the House of Commons, and the Speaker at 
 once issued his Warrant for a Writ of Election under sec, 5 of 
 chap. 13, Eev. Stat, of Can. On announcing the fact to the 
 House, a member arose and stated that he knew of his own 
 knowledge that Mr. McGreevy's seat was contested and that he 
 could not legally tender his resignation under sec. 7 of the Act 
 just cited. Neither the Speaker nor the House had had any 
 ofiicial information of the contestation, as the law makes no 
 provision on the subject. Under all the circumstances it was 
 thought expedient to refer the question as a matter of fact and of 
 law to the Committee of Privileges and Elections. They reported 
 that the seat was contested at the time of resignation and x-ecom- 
 mended the withdrawal of the warrant for the issue of a writ of 
 election. They also expressed the opinion that under the 
 present state of the law, the Speaker, when not aware of the con- 
 testation of the election, may properly issue his wai-rant, and 
 that it was necessary to amend the Statute by providing that in 
 future an officer of the Election Court shall notify the Speaker of 
 the filing of a petition against the seat. No further steps, how- 
 
SUPPLEMENTARY NOTES. 895 
 
 ever, wei-e taken during the session. (See Can. Hans, and Jour. 
 1891, Aug. 18 and Sept. 1 and 2.) The Speaker issued a writ of 
 supersedeas withdrawing his warrant. 
 
 6. Mileage of Members. 
 See supra, p. 192, n. 
 
 In the session of 1891, an act was passed (54-55 Vict, c. 21) 
 to prevent members drawing mileage expenses should their 
 residence be outside of Canada, as actually happened in 1890 in 
 the case of a member who was living at the time in London 
 England. See Can. Hans., 189], May 18. ' 
 
 Y. A Member expelled from the House. 
 
 See supra, p. 19*7. 
 
 In the session pf 1891, after the adoption of a report of the 
 Cdmmittee of Privileges and Elections highly condemnatory 
 of the acts of Thomas McGreevy, a member of the House of 
 Commons, in connection with certain important contracts for 
 public works, it was resolved, nem. con., that the said member 
 "having been guilty of a contempt of the authority of the 
 House by failing to obey its order to attend in his place therein, 
 and having been adjudged guilty by the House of certain of the 
 offences charged against him on the eleventh day of May last, be 
 expelled from the House." A warrant for a new writ of election 
 was at once ordered, as the law leaves the matter in the hands 
 of the House in such cases. For history of this memorable case 
 of inquiry into the acts of the member in question, and the 
 management of the department of public works in connection 
 with the letting of public contracts, see Can. Hans, and Jour., 
 1891, May 11, and Sept. 16, 21, 22, 23 and 24, and App. to Jour., 
 where proceedings and evidence are given in full. 
 
 8. Senate Address amended by the Commons. 
 See supra, p. 352. 
 
 On Sept. 30, 1891, the House of Commons amended an address 
 from the Senate to the Queen, with respect to certain treaties 
 affecting the trade relations of Canada. The Senate concurred 
 in the amendment, and the Commons then passed the usual 
 address to the Governor-General, asking him to transmit the 
 address to her Majesty. An amendment to an address has not 
 been rendered necessary since 1840 in the Canadian Houses, but 
 it was not unusual in the legislature of the old province of Upper 
 Canada. (See for eases of assembly addresses amended, IJpp. 
 Can. Leg. Ass. J. (1836) 240 : lb. (1836-7) 555, 613, 615 ; lb. 
 
896 APPENDIX, 
 
 (1839) 321, 322. For case of Council address amended, lb. 
 (1839) 123, 137. 
 
 9. Voting in Divisions. 
 
 See supra p. 451. 
 
 On August 26, 1891, Mr. Speaker White laid down what he 
 considered the correct practice in cases of divisions : " Should a 
 member, after having voted, be asked by the Speaker whether he 
 was present when the question was put, and reply in the nega- 
 tive, his name will be struck off the list, and the Clerk will 
 again declare the numbers. The point has been raised as to 
 what is meant by the phrase : ' If a member was not present in 
 the House when the question was put by the Speaker.' [See 
 Bourinot, 1st ed. p. 388, cited by Mr. Speaker.] My own opinion, 
 after carefully considering the whole matter is, that ' putting 
 the question' means reading the whole question, either in one or 
 the other language, from the beginning." In the course of the 
 debate that followed, Mr. Speaker added : " The view is clearly 
 laid down that a member who has indistinctly heard the motion 
 read, may require it to be read again ; but the rule is that he 
 should be in his place all the time the question was being put, and 
 he can only require it to be read the second time in case he heard 
 
 it indistinctly the first time My ruling is, that a 
 
 member must be in the House and have heard the question from 
 the beginning, in either official language — that is to say, in 
 English or French — to entitle him to vote." (See Can. Hans. 
 1891, Aug. 26.) 
 
INDEX. 
 
 Abbott, Mr., premier of the Govern- 
 ment, 811, 812, n. ; his opinion in 
 divorce cases, 754. 
 
 Absence, leave of, 190, 191. 
 
 Abstract resolutions, 536-538. 
 
 Accounts and Papers ; presentation, 
 329; character of, 330-332 ;form 
 of motions for, 332 ; distinction 
 between addresses and orders, 
 332-334 ; returns in answer, 335, 
 336 ; often presented in a session 
 subsequent to the order, 335 ; or- 
 dered to he printed, 335, 336, 343 ; 
 carefulness in preparation neces- 
 sary, 336 ; sometimes presented 
 by ministers without a formal 
 motion, lb. ; circumstances under 
 which papers are refused, 337-41 ; 
 when public interests demand it, 
 337 ; confidential communica- 
 tions, 338 ; rules of imperial gov- 
 ernment with respect to governor- 
 general's despatches, 3K9 ; should 
 not be asked for purposes of pri- 
 vate litigation, 340, 341 ; should 
 relate to matters within legitim- 
 ate functions of parliament, 341, 
 342; institutions established for 
 public objects or companies to 
 whom parliament has given cer- 
 tain privileges, should afford all 
 proper information when called 
 upon, 342 ; printing of documents, 
 343-349 ; interchange of docu- 
 ments between the houses, 467. 
 
 Acts of parliament; how intro- 
 duced, 585 et seq. ; remain in cus- 
 tody of clerk of the parliaments, 
 662. See Chap. XVJII on Public 
 Bilh. 
 
 51 
 
 Addresses : 
 
 I. Address in answer to speech 
 at the opening of parliament; 
 proceedings in the Senate, 273 ; 
 in the Commons, 281-285. 
 
 II. On general subjects, to the 
 queen or the governor-general, 
 350 ; founded on resolutions, 351 ; 
 select committee appointed to 
 draft the same, lb. 
 
 III. Joint, originating in the 
 the Commons, 350, 351; in the 
 Senate, 351, 352 ; amended by the 
 Commons and agreed to as 
 amended by Senate, 895. 
 
 IV. Of condolence or congratu- 
 lation to the sovereign, passed 
 nem. con., 354, 355 ; to the gov- 
 ernor-general in case of elevation 
 to the peerage, 355, 356. 
 
 V. On retirement of governor- 
 general, 356, 357 ; proceedings in 
 case of Lord Lisgar, 356 ; of Lord 
 Dufferin, lb. ; of Lord Lome, lb. 
 
 VI. Presentation, 
 357-360. 
 
 mode of, 
 
 VIL To the Prince of Wales in 
 1860, 363-365. 
 
 VIII. For accounts and papers, 
 332, 359. See Accounts and Papers, 
 
 IX. For a certain expenditure, 
 361, 363; procedure in English 
 Commons, 573, 574 ; cannot be 
 moved in Canadian house with- 
 
INDEX. 
 
 Addkhsses — 
 
 out recommendation of governor- 
 general, 575. 
 
 Adjournment; of parliament at 
 pleasure of sovereign, 287 ; house 
 not bound to obey such com- 
 mands, 288 ; over holidays, 291 ; 
 for a long period, 292 ; in case of 
 decease of member, 293 ; during 
 pleasure, 297 ; in absence of quo- 
 rum, 298 ; of debate on bill, 306 ; 
 on notices of motions, 310-312; 
 on questions for reception of peti- 
 tions, 317 ; on a question of pri- 
 vilege, 378 ; of the house to super- 
 sede a question, 395 ; of debate, 
 should be pure and simple, 396 ; 
 of the house, or of the debate, 
 may be moved lo previous ques- 
 tion, or to reading orders of the 
 day, 400; debates on motions, 
 416 et seq. ; reply allowed to mover 
 of substantive question for ad- 
 journment of the house, 416, 417 ; 
 procedure i n Can adi an Commons, 
 417 ; limitations to debate on mo- 
 tions, 417 et seq. ; new rules of 
 English Commons to prevent 
 abuse of motions, see App. L. 
 
 Affirmation. See Oaths. 
 
 Agents, parliamentary, 702. 
 
 Agriculture and colonisation, com- 
 mittee appointed in the Com- 
 mons, 493. 
 
 Algoma, election for, when held for 
 Ontario Legislature, 70, n. 
 
 Aliens, petitions from, 320. 
 
 Allan, Mr. Speaker, his decisions 
 in the Senate, 366, n. ; 379, n. ; 
 635, n. 
 
 Amendments; moved without no- 
 tice, 386 ; proposed to leave out 
 certain words, etc., 386, 387 ; how 
 put, 388 ; form in Canadian 
 houses different from that of 
 English parliament, 387, note ; 
 amendment to amendment, 389; 
 when resolved in affirmative can- 
 not be struck out in whole or in 
 
 Amendments — continued. 
 
 part, 390 ; words added to main 
 motion as amended, 391; only 
 two amendments proposed to a 
 question at the same time, lb. ; 
 should be relevant to a motion, 
 392 ; mode of amending a ques- 
 tion line by line, or paragraph by 
 paragraph, lb. ; on going into 
 supply, 546 et seq. ; on report of 
 supply or ways and means reso- 
 lutions, 559-562 ; to appropriation 
 or supply bill, 568-570. See BUXst. 
 
 A mherst. Sir Jeffery , first governor 
 of Canada, 7, n. 
 
 Amyot, Mr., his opinions as to 
 questions of jurisdiction affecting 
 private bill legislation, 681, n. 
 
 Anglin, Mr. Speaker : resigns, 175 ; 
 re-elected, 189 ; makes certain 
 appointments, not sanctioned, 
 221, n ; his opinions on points of 
 order, 320, 324, n. ; 330, n. ; 348, n.; 
 391, n. 
 
 Annapolis, capital of Nova Scotia 
 until 1749, 71, n. 
 
 Annunciation, houses adjourn 
 over, 292. 
 
 Apologies, required of and given 
 by members, 434, 435, 436, 438. 
 
 Appendix to this work : British 
 North America Act (1867) ; an 
 act respecting the establishment 
 of provinces in the Dominion of 
 Canada (34-35 Vict., c. 28); an 
 act to remove certain doubts with 
 respect to the powers of the par- 
 liament of Canada under section 
 18 of the B. N. A. Act (38-39 
 Vict., c. 38) ; an act respecting 
 the representation in the parlia- 
 ment of Canada of territories, 
 etc. (49-50 Vict, c. 35); governor- 
 general's instructions, etc. ; pro- 
 clamation summoning parlia- 
 ment ; prayers ; forms of mo- 
 tions and petitions ; Speaker's 
 warrants ; model bill for railway 
 charters ; recent standing orders 
 of English Commons ; table 
 showing duration, etc., of each 
 
INDEX. 
 
 899 
 
 Amendments— continwd. 
 
 Canadian parliament, 1867-1891 ; 
 forms in divorce proceedings ; 
 supplementary notices of jire- 
 cedents of parliamentary session 
 of 1891. See list from A at 
 , commencement of A pp. toO-, at 
 end of same. 
 
 Appropriation accounts, audit of, 
 
 577 et seq. 
 Appropriation Act. See Cliap. XVII 
 on Supply, sec. 11. 
 
 Arrest ; freedom of members from ; 
 in civil cases, 237 ; but not in 
 criminal cases, lb. ; statutes de- 
 fining privileges of the parlia- 
 ment of Canada, 234, 235 ; of local 
 legislatures, 255,256 ; duration of 
 the privilege, 238 ; causes of ar- 
 rest, communicated by the 
 crown, 362; by magistrates or 
 judges, 238, n, 362 ; witnesses, 
 counsel, and others in attendance 
 on parliament privileged, 244. 
 
 Ascension Day, houses do not sit, 
 292. 
 
 Ash Wednesday, houses do not 
 sit, 292. 
 
 Assaulting, threatening or challeng- 
 ing of members, breaches of pri- 
 vilege, 242. 
 
 Assent, royal, to bills, 645 et seq. 
 
 Attempts to bribe memb6rs;,breach 
 of privilege, 243. 
 
 Attendance of members : on par- 
 liament, 190; on committees, 
 500, 501 ; call of the house no 
 longer usual, 191. 
 
 Auditor-General; appointment by 
 commission, 577; his duties, 577 
 et seq. ; with respect to accounts 
 and expenditures of the two 
 houses, 580, 581. 
 
 Baied, Mr., question as to his elec- 
 tion for Queen's, N.B., 164-165. 
 
 Ballot, at elections, acts relative 
 to, 147. 
 
 Banking and Commerce, commit- 
 tee of; appointed in the Senate, 
 492 ; in the Commons, 493 ; bills 
 referred, 726, 727, n ; bills respect- 
 ing, originate in committee of 
 whole, 592. 
 
 Bankruptcy, position of senators 
 affected by, 142. 
 
 Bankruptcy and Insolvency, deci- 
 sion of privy council in relation 
 thereto, 126. 
 
 Bar of the House ; in the Senate, 
 witnesses examined at, 250, 527 ; 
 oath administered under act, 
 528 ; in the Commons, witnesses 
 examined, 250. 
 
 Beaujeu, M. de, curious case of his 
 resignation while seat contested, 
 184, n. 
 
 Bills : 
 
 I. In General. — Definition, 582 ; 
 divided into distinct parts, lb. ; 
 preamble, 583 ; enacting author, 
 ity, preamble in supply bill, lb.; 
 584; divided into two classes, 
 public and private, 585 ; may ori- 
 
 • ginate as a rule in either house, 
 lb. ; appropriation or tax bills, 
 initiated in the Commons, lb. ; 
 Senate bills involving expendi- 
 ture or taxes, laid aside, or sent 
 back with reasons for disagree- 
 ment, 586 ; Commons waive pri- 
 vileges in certain cases, 587 ; 
 pecuniary penalties or fees for 
 services performed, lb.; bills in 
 upper house presented with 
 money clauses in italics struck 
 out in committee, 588. 
 
 II. Introdvction — No notice in 
 Senate, 588 ; but one necessary in 
 Commons, 589 ; procedure on mo- 
 tion for leave, lb. ; first reading, 
 590 ; not read at length, lb. ; re- 
 lating to trade, originating in 
 committee of whole, 591 et seq. ; 
 precedents of bills of this nature, 
 592-595 ; involving public aid or 
 
900 
 
 INDEX. 
 
 Bills — continued. 
 
 charges, considered first in com- 
 mittee of the whole, 596 ; proce- 
 dure in case of bills incidentally 
 affecting the revenue, 597; rule 
 does not apply to pecuniary pen- 
 alties, 598 ; or to fees or charges 
 for services performed, 598-600 ; 
 or to declaratory acts, 600 ; or to 
 local rates or charges, 601 ; 
 clauses in consolidation bills im- 
 posing new charges originate in 
 committee, 602; introduced by 
 mistake, 635 ; once presented not 
 altered except by house, 638. 
 
 III. Second Reading. — Motion 
 proposed, 602 ; must be printed 
 in two languages, 603 ; principle 
 of bill discussed, Ih.; amend- 
 ments at this stage, 604 ; motion 
 superseded, lb. ; but bill may be 
 revived, 605 : order discharged 
 and bill withdrawn, lb. 
 
 IV. Order for Committee of the 
 Tf/ioZc— Calling of order, 606 ; 
 motions proposed, lb. ; clauses 
 not discussed in detail, lb. 
 
 V. Instructions. — Time for mov- 
 ing, 607 ; their nature, 608 ; pre- 
 cedents from English practice, 
 608 et seq. ; from Canadian prac- 
 tice, 609, 610 ; rule respecting, lb. ; 
 procedure in cases of expenditure 
 or taxes, 611 ; or trade, lb. ; not 
 mandatory, 612 ; cannot be 
 moved after reading of order for 
 house again in committee, 613. 
 
 VI. Reference to Select Commit- 
 tee. — Frequently done, 613; ad- 
 vantages of practice, 614 ; several 
 bills referred at one time, lb. ; 
 reported, 615. 
 
 VII. In Committee of the Whole. 
 —In the Senate, 616 ; (title), lb., 
 618; (clauses), J6.; amendments 
 proposed, 617 ; limitations, lb. ; 
 notice need not be given, 615 ; 
 money or tax clauses must be 
 considered in a previous commit- 
 tee, 619, 620 i reconsideration of 
 clauses, 621 ; progress reported, 
 622 ; no report, lb. ; bill super- 
 
 BiLLS — continued. 
 
 seded, lb. ; but may be revived, 
 lb. ; cases of no reference to com- 
 mittee, 625 ; reported, 623 ; may 
 be recommitted any number of 
 times, 624. 
 
 VIII. Reported from Committee 
 of the Whole — Received forthwith, 
 when not amended, 623 ; bill con- 
 sidered, when amended, imme- 
 diately or at a future time, 623- 
 625. 
 
 IX. Third Reading. — Procedure 
 in the Senate, of amending at this 
 stage, 626 ; no amendment in 
 Commons but of a verbal nature, 
 lb. ; must go back to committee 
 to amend materially, lb. 
 
 X. Passage. — Amendments, 
 627 ; cannot go back to commit- 
 tee, lb., 628 ; title amended, 628. 
 
 XI. Amendments after passage. 
 — Bill taken up to other house, 
 628 ; amendments thereto, 629 ; 
 agreed to, lb. ; or disagreed to 
 for reasons, lb. : either house 
 may insist or not insist on disa- 
 greement, 630 ; consequential 
 amendments infringing on Com- 
 mons privileges, 631 ; debate 
 limited at this stage, lb. ; amend- 
 ments infringing on Commons 
 privileges, 632. 
 
 XII. Royal Assent. — By the 
 governor-general, 645; reserved 
 bills, 646 et seq.; royal instruc- 
 tions, 648, 649 ; changes therein, 
 650 ; imperial power of disallow- 
 ance, 651, 652; copies of acts 
 transmitted to imperial authori- 
 ties, 653; assent in presence of 
 the two houses lb. ; informali- 
 ties in passage of a bill which has 
 received assent, 655 ; English pre- 
 cedents, lb. ; Quebec case, lb. ; 
 assent in the provincial legisla- 
 tures, 656; lieutenant-governors 
 in certain cases withhold it, 657, 
 658 ; an exceptional practice not 
 explained, 658 et seq. 
 
 XIII. Varioii,s Proceedings. — 
 
INDEX. 
 
 901 
 
 ^iLi&— continued. 
 
 Eevival of a bill temporarily sus- 
 pended, 633-635 ; expedition, in 
 passage, 635 ; practice in Senate, 
 636 ; in the Commons, lb. ; Eng- 
 lish procedure explained, 637 ; 
 mistalses corrected during pas- 
 sage, 639; amendments left out 
 and subsequently added, lb.; re- 
 turn of bill not passed all its 
 stages, 640 ; royal consent not 
 given, lb. ; bill lost by accident, 
 lb. ; once rejected not again of- 
 fered in same session, 641 ; ex- 
 ceptions to general rule, 642; 
 bills of the same title and pur- 
 port, 644 ; amendment or repeal 
 in the same session, 660 ; com- 
 mencement of an act, 661 ; duty 
 of the clerk of the parliaments, 
 lb. ; distribution of the statutes, 
 661,662. 
 
 jBlack Rod. See Usher of the Black 
 Rod. 
 
 JBlake, Edward, Hon. ; his mission 
 to England and consequent mo- 
 difications in governor-general's 
 instructions, etc., 52, n. ; his opi- 
 nions on questions of legislative 
 jurisdiction, 86, n. ; as to an act 
 which had not passed all its 
 stages, 651. 
 
 Blanchet, Mr. Speaker ; read pray- 
 ers in French and English, 300 ; 
 his decisions on points of order, 
 317, n. ; 331, 638. 
 
 Boards of trade, bills relative to, 
 669. 
 
 Books, newspapers, documents, not 
 read in certain cases, 408 et seq. 
 
 Bouc, C. B., expelled from assem- 
 bly of Lower Canada, 195. 
 
 Boundary question, 123, 124. 
 
 Bourinot, Senator, adjournment of 
 Senate on his death, 293, n. 
 
 Brand, Mr., elected Speaker of Eng- 
 lish Commons, 208. 
 
 Breach of Privilege. See Privileges 
 of Parliament. 
 
 Bribery at elections, acts to pre- 
 vent, 160 et seq. 
 
 Bribes, resolution declaring offer 
 of, to members, a breach of pri- 
 vilege, made standing order of 
 Commons. 243. 
 
 British Columbia, provincial con- 
 stitution of 75, 76. See Parlia- 
 mentary Institutions in Canada, 
 VIII. 
 
 British North Ambeica Act,1867. — 
 (See Appendix A of this work ; 
 following figures refer to sections 
 of the Act :) Preliminary, 1-2 ; 
 union, 3-8 ; executive power, 9- 
 16 ; constitution of parliament, 
 17-20 ; of the Senate, 21-36 ; of the 
 House of Commons,37-5 1 ; money 
 votes, 53-54 ; royal assent and 
 disallowance and reservation of 
 bills, 55-57. Provincial constitu- 
 tions : Executive power, 58-68 ; 
 legislative power, in Ontario, 69- 
 70; in Quebec, 71-80; legislatures 
 of Ontario and Quebec, summon- 
 ed, continuance of election laws, 
 etc., 81-87 ; constitutions of Nova 
 Scotia and New Brunswick, 88 ; 
 first election in provinces, 89; 
 application to legislatures of pro- 
 visions respecting money votes, 
 etc., 90. Distribution of legis- 
 lative powers : Of parliament, 
 91 ; of provincial legislatures, 92 ; 
 education,93. "Uniformity of laws 
 in Ontario, Nova Scotia and New 
 Brunswick, 94. Agriculture and 
 immigration, 95. Judicature, 96- 
 101. Kevenues, debts, assets, tax- 
 ation,l02-126. Miscellaneous pro- 
 visions : As to legislative coun- 
 cillors of provinces becoming 
 senators, 127; oath of allegiance, 
 how administered, 128; continu- 
 ance of existing laws, courts, 
 officers, etc., 129 ; transfer of otfi- 
 cers to Canada, 130 ; appointment 
 of new officers, 131 ; treaty obli- 
 gations, 132 ; use of English and 
 French languages, 133; appoint- 
 ment of executive officers for 
 Ontario and Quebec, 134 ; powers 
 
902 
 
 INDEX. 
 
 British Kokth America Act — con- 
 iinued. 
 
 and duties of executive officers, 
 135 ; great sealsjl 36 ; construction 
 of temporary acts, 137 ; as to er- 
 rors in names, 138 ; as to issue of 
 proclamations before union, to 
 commence after union, 139; as 
 to issue of proclamations after 
 union, 140; penitentiary, 141; 
 arbitration respecting debts, 142 ; 
 division of records, 143 ; constitu- 
 tion of townships in Quebec, 144. 
 Intercolonial railway, 145. Ad- 
 mission of other colonies, 146-147. 
 Schedules : I. Electoral districts 
 of Ontario ; II. Electoral districts 
 of Quebec ; III. Provincial pub- 
 lic works and property to be the 
 property of Canada; IV. Assets 
 to be the property of Ontario and 
 Quebec conjointly ; V. Oath of 
 allegiance and declaration of 
 qualification. — Acts in amend- 
 ment thereof, 34-35 Vict, c. 28; 
 38-39 Vict., c. 38 ; 49-50 Vict, c. 
 35. (See App. B. 0. D.) 
 
 Budget Speech. See Chapter XVII. 
 on Supply, sec. 7. 
 
 Call of the House, no longer usual 
 in Canadian Commons, 191. 
 
 Campbell Divorce Case, 752, n. 
 
 Campbell, Sir A. ; member of Que- 
 bec Conference, 43, n. ; his opi- 
 nions on constitutional and par- 
 liamentary questions, 61, n. ; 337, 
 n. ; 766, n. 
 
 Canada Gazette; how published, 
 345 ; rules published therein res- 
 pecting private bills, 709, 710 ; 
 notice in divorce cases, 757, 758, 
 n. ; orders in council and procla- 
 mations, 809. 
 
 Canada, Parliameniary Instittdions 
 in. See Parliameniary Institutiona, 
 etc. 
 
 Canada Temperance Act. See 2Vm- 
 perance Act. 
 
 Candidates for the House of Com- 
 mons; eligibility of, 146,147, 164 
 (Baird case) ; 166 (dual represen- 
 tation); 176 (ineligible as con- 
 tractors.or while in pay of govern- 
 ment); 185 (insane persons). 
 
 Cape Breton, island of, annexed to- 
 Nova Scotia, 71, n. 
 
 Cartier, Sir George E., his remain* 
 
 interred at public expense, 574 ; 
 
 address in the Commons on the 
 
 subject, lb- 
 Casting voice of Speaker of the 
 
 Commons. See Chapter XIII. on 
 
 Divisions, sec. 4. 
 
 Cauchon, Mr. Joseph, first Speaker 
 of Senate, 45, n. 
 
 Census of Canada, 14, n.; 39, n. r. 
 145, n. 
 
 Certificates ; appointment of sena- 
 tors, laid before Senate, by 
 speaker, 143, 271 ; by clerk, 272 j. 
 of return of new members in the 
 Commons by speaker, 186, 280, 
 285 ; on certain occasions by 
 clerk, 189 ; proceedings in case of 
 non-production, 186 ; of judges 
 in election cases, 280, 285. 
 
 Chairmen of Committees ; of the 
 whole house, in the Senate, 480 ;. 
 in the Commons, 481 ; permanent 
 chairman, who acts as deputy 
 speaker, appointed, Ih. ; of select 
 committees, 504; how he votes- 
 in the Senate, 508 ; in the Com- 
 mons, 509. 
 
 Chaplain ; appointed in the Senate 
 by the governor-general, 206 ■; 
 reads prayers daily, 300. 
 
 Chatham, Earl of, on the Quebec 
 Act, 10. 
 
 Christie, Robert, expelled from- 
 Lower Canada Assembly, 195. 
 
 Christie, Mr. Speaker ; his opinions- 
 on questions of procedure, 323, 
 n. ; his decease and funeral, 
 293. 
 
INDEX. 
 
 903 
 
 Citizens & Queen Insurance Go's 
 V. Parsons, 96. 
 
 Civil Code of French Canada, 12, 
 16, 134. 
 
 Civil Service, legislation respect- 
 ing, 36, n. 
 
 Civil List, control of, 36. 
 
 Clauses ; money in bills, 597 ; in- 
 volving taxation, 5H8, 611; how 
 taken up in committees on bills, 
 597, 619, 620. 
 
 Clergy Reserves, their history and 
 abolition, 33, 34. 
 
 Clerk Assistant; appointed in the 
 Senate, 205 ; in the Commons, 
 218 ; second clerk assistant in the 
 Commons, sometimes appointed, 
 lb., n. 
 
 Clerk of the Crown in Chancery ; 
 appointed by the Crown, his 
 duties, 225; attends the house 
 with election returns, amends 
 the same when so oi'dered, 224 ; 
 reads titles of bills when his 
 excellency gives royal assent, 
 lb. ; is present with return book 
 of members at opening of new- 
 parliament, 273; attends and 
 amends an election return, 185, k. 
 
 Clerk of the House of Commons ; 
 appointed by commission under 
 the great seal, 215; his duties, 
 215-218 ; has control and direc- 
 tion of officers and clerks', 217 ; 
 has one or more assistants at the 
 table, 218, 219; employs extra 
 writers, 76. ; administers oath of 
 allegiance to members,per dedi- 
 miis potesiatem, 274 ; to officers, 
 clerks, and messengers, 222 ; sub- 
 scribes to certain newspapers, 
 230 ; makes estimates for ex- 
 penses of his department, 231 ; 
 presides at election of speaker, 
 275 ; informs house of absence of 
 speaker, 211 ; issues warrant for 
 issue of writs in absence of 
 speaker, 158, n. ; signs orders for 
 attendance of persons, 217,250; 
 reads petitions at length when 
 
 Clerk of the House of Commons — 
 
 eoruinued. 
 
 called upon, 316, 325 ; lays returns 
 to certain orders on table, 334 ; 
 signs orders and addresses for 
 papers, 217, 335 ; responsible for 
 safe keeping of papers and re- 
 cords, 217; may amend notices 
 of motions or questions, 368, n. ; 
 takes down a member's words, 
 by order of speaker, 435, 436 ; 
 records divisions, 449, 450 ; takes 
 messages to the Senate, 460 ; may 
 attend committee of other house 
 as witness, on leave being given 
 him, 461. 
 
 Clerk of the Senate ; appointed by 
 commission under the great seal, 
 204 ; acts as accountant, lb. : his 
 general duties, lb. ; styled clerk 
 of the parliaments, lb. ; gives 
 certified copies of acts, 204, 205 ; 
 certifies minutes transmitted to 
 governor-general, 207 ; can ap- 
 point a deputy, 205, n. ; signs 
 orders for attendance of witnes- 
 ses, 250 ; proceedings in case of a 
 new appointment, 272 ; communi- 
 cates messages to lower house, 
 460; may, \>y order, attend Com- 
 mons committees as witness, or 
 communicate certain papers, 461. 
 
 Clergy Reserves, question settled, 
 33, 34. 
 
 Closed doors ; matters of order dis- 
 cussed, in the Senate, 427, 428 ; 
 in the Commons, 302 ; prayers, 
 lb. 
 
 Cookburn,Mr. Speaker,first speaker 
 of House of Commons, 45, n. ; re- 
 appointed, 215, n. ; his decisions 
 on points of order. 323, 390 ; 411, 
 n. ; 610. 
 
 Colborne, Sir John, lieutenant-gov- 
 ernor of Upper Canada, estab- 
 lishes rectories, 33. 
 
 Colonial secretaries and responsible 
 government, 30, n. 
 
 Colonies of Canada, responsible 
 government in, 29-32. 
 
904 
 
 INDEX. 
 
 Commissions, royal ; their appoint- 
 ment, 800 ; their usefulness, 801. 
 
 Commissions, departmental, how 
 appointed, 802. 
 
 Commissioners of Internal Eco- 
 nomy ; appointed by governor- 
 general, 230 ; must be members 
 of Commons, 231 ; names commu- 
 nicated by message, lb. ; speaker 
 acts as chairman, lb. ; its func- 
 tions, 231, 232. 
 
 Commitment; the right of old legis- 
 latures, 246 ; of the Senate and 
 House of Commons, lb., 234, 235 ; 
 for breach of privilege, 247, 248 ; 
 petitions for release, lb.; for offen- 
 ces in a former session, 236 ; con- 
 cluded by prorogation, 247. 
 
 COMMITTBES: 
 
 I. Committee of the Whole ; owe 
 their origin to " grand commit- 
 tees," 477; on the state of the 
 province no longer customary, 
 478; advantages, 479; rules of 
 the Senate, lb. ; in the Commons, 
 480; permanent chairman ap- 
 pointed in the Commons, 481 ; 
 questions of order decided by the 
 chairman, 482 ; disorder therein 
 censured by house only, lb. ; 
 progress reported, 483 ; question 
 of order referred to speaker, J6.; 
 no question put on resuming com- 
 mittee on a question, except in 
 case of committees of supply and 
 ways and means, lb- ; record of 
 proceedings, 484; division there- 
 in, 485; no names recorded, lb. ; 
 question superseded by motion 
 that chairman do leave the chair, 
 lb. ; but may be revived, 486 ; no 
 quorum, 487; proceedings at six 
 o'clock, 488; report, 488,489; new 
 rules of the English Commons, 
 489, 490. See App. L. 
 
 II. Standing or Sesfional.' In 
 the Senate, 491 ; banking and 
 commerce, etc., 492 ; in the Com- 
 mons, 493, 494 ; procedure in 
 appointing, lb. ; number of mem- 
 bers thereon, 495 ; reduction of 
 number in public accounts, lb. ; 
 
 Committees— coniinwerf. 
 
 organization and procedure there- 
 in. See infra, IV. 
 
 III. Select or Special Commit- 
 tees : In the Senate, 496 ; in the 
 Commons, 496, 497; notice of 
 appointment necessary, 497 ; cer- 
 tain powers asked for in motion 
 for, lb. ; consist of 15 members, 
 lb. ; rule suspended in case of in- 
 crease, 498 ; named by the house, 
 lb., 499 ; members must serve 
 unless excused, 500-502. 
 
 IV. Organization and Proce- 
 dure : Quorum, 502-504 ; organized 
 by election of chairman, etc-, 503- 
 508 ; adjourns from place to 
 place, 508 ; cannot sit after proro- 
 gation, lb. ; divisions (in the 
 Senate), lb. ; (in the Commons), 
 lb.; strangers, 509; exclusion of 
 members, 509-510; secret, 510 ; 
 order of reference, 510-512 ; re- 
 ports, 51 2 et seg. ; sub-committees. 
 513 ; presentation of reports,517 ; 
 concurrence, 518 ; witnesses, 520 
 et seg.; senators' or members' 
 attendance requested, 521 ; re- 
 fusal of witness to appear, 522, 
 523 ; payment of witnesses, 524, 
 525 ; examination under oath, 
 525-529. 
 
 V. Joint Committees appointed, 
 466, 467 ; on library and printing 
 of parliament, 494, 495; work 
 very advantageously, 466 for 
 procedure therein, see supra IV. 
 
 CoMMOKS, House of; its constitution, 
 62, 03; representation therein, 
 62, 144-146 ; election of members 
 and dominion franchise, 146-152; 
 controverted elections, 154-165 ; 
 bound to take notice of legal dis- 
 abilities of its members, 163; 
 power of house to order issue of 
 writs, 180, 181 ; dual representa- 
 tion, 165-170 ; who may sitthere- 
 in under independence of Parlia- 
 ment Act, 170-lSO; ministers of 
 the Crown have seats, 172, 177, 
 178 ; contractors not eligible as 
 members, 173-177; members 
 elected for two constituencies, 
 
INDEX. 
 
 905 
 
 Committees — continued. 
 
 183; double returns, 184, 185 ; in- 
 troduction of members, 186-190; 
 attendance therein, 190, 191; 
 power to expel, 193-198; to sus- 
 pend, 198, 199 ; places of mem- 
 bers, 201 ; speaker and deputy- 
 speaker, 207-215; officers, 215- 
 223 ; admission of strangers, 223, 
 224 ; votes and journals, 225-227 ; 
 official reports, 227, 228 ; library 
 and reading room, 228-230 ; ap- 
 pointment and functions of com- 
 missioners of internal economy, 
 230-232; accounts, 232: powers 
 and privileges under B. N. A. 
 Act, 233-235 ; extent of privileges, 
 235-237; power to summon and 
 examine witnesses, 250-253 ; 
 rules, orders and usages, 258-265 ; 
 use of the French language, 265- 
 268 ; proceedings at meeting of a 
 new parliament and election of 
 speaker, 269-280; the mace, its 
 history, 271, 277; speech consi- 
 dered, 272, 273, 280 ; proceedings 
 at a prorogation, 285-288 ; effect 
 of prorogation on proceedings, 
 288 ; days and hours of meeting, 
 291 ; adjournments over holidays, 
 lb. ; long adjournments, 292; 
 decease of members, 293-294 ; two 
 sittings in one day, 295 , protract- 
 ed sittings, Ih. ; proceedings at 6 
 and 7.30 o'clock, :i97: adjourn- 
 ment during pleasure, lb . ; quo- 
 rum, 298 ; prayers, 299 ; order of 
 daily business, 301-313; present- 
 ation of petitions, 314-318; rules 
 as to irregular petitions, 318-321 ; 
 as to petitions for pecuniary aid, 
 321-323 ; for taxes or duties, 323- 
 325 ; reflecting on house or mem- 
 bers, 326 ; orders and addresses 
 for papers, 329-337 ; papers re- 
 fused, 337-342 ; printing service, 
 343-349 ; addresses originating 
 in tlie house, 351 ; joint, 352-354 ; 
 of congratulation or condolence, 
 S54-356; on retirement of gov- 
 ernor-general, 356, 357 ; presenta- 
 tion, 357-360 ; messages from his 
 Excellency, 360-363 ; messages to 
 the Senate by clerks, 460 ; con- 
 ference, 463 et seq. ; interchange 
 of documents with other house, 
 467 ; relations with Senate as to 
 
 Committees — continued. 
 
 money and tax bills, 468-472 ; 
 certain public bills rejected by 
 Senate, 472-474 ; should not agree 
 to "tacks" to bills of supply, 474; 
 select standing committees, 491 
 et seq. ; on private bills, 731-743 ; 
 committee of the whole, 477-490 ; 
 on bills, 616-621 ; can alone ini- 
 tiate money and tax bills, 585. 
 See clerk, parliament, privileges 
 and powers of parliament, speaker. 
 
 Confederation. See Parliamentary 
 J/nstitutions in Canada, VI. 
 
 Conferences; mode of regulating, 
 463 et seq. 
 
 Consent of the Crown. See Chapter 
 XVII on Supply, sec. 3. 
 
 Consequential amendments. See 
 Chapter on Sills, XVIII, sec. 17. 
 
 Conslitulional Act, 1791. See Par- 
 liamenlary Institutions in Canada, 
 IV. 
 
 Contempt of Court, members com- 
 mitted by courts of justice, 362. 
 
 Contents and non-contents. See Divi- 
 sions. 
 
 Contingent accounts, com'mitteeof ; 
 appointed in the Senate, 206-207 ; 
 no longer appointed in the Com- 
 mons, 230, 231. See Commission- 
 ers of Internal Economy. 
 
 Contractors disqualified from serv- 
 ing as members, 173-178 ; cases 
 of Messrs. Anglin, Jones, Currier, 
 Workman, Motfatt, Norris, lb. 
 
 Controverted elections. See Elections. 
 
 Conventions of the constitution, 
 distinguished from the law of the 
 constitution, 785-787 ; their effect, 
 lb. ; their sanction, 786-787. 
 
 Copyright bills ; need not originate 
 in committee of the whole, 594. 
 
906 
 
 INDEX. 
 
 Corporations, private bills from, 
 must be under common seal, 
 704, n. 
 
 Corpus Christi, houses adjourn 
 over, 292. 
 
 Counsel; when in attendance on 
 parliament, privileged, 244 ; 
 members not to act as such before 
 English private bills committees, 
 545, 701 ; on behalf of persons at 
 the bar, 248, 252; in divorce 
 cases, 766, 767. 
 
 Counting the house, no quorum, 
 299. 
 
 Coutume de Paris, in the French- 
 Canadian civil law, 3, 134. 
 
 Christie, Mr. Speaker; Senate ad- 
 journ and name members to at- 
 tend his funeral, 293; his opin- 
 ions on points of order ? 
 
 Crossing the house, deportment of 
 members, 405- 
 
 Crown, the ; represented by the 
 governor-general, 51, 52 ; demise 
 of, 289 ; summons parliament, 
 269, 270 ; causes of summons de- 
 clared, 272; prorogues, 286; dis- 
 solves, 289 ; duration of parlia- 
 ment, no longer dependent on, 
 269 ; message from, in case of ar- 
 rest of members, 362 ; recommen- 
 dation to votes of money, 539 ; 
 consent to bills affecting preroga- 
 tives or property, 540 ; "address 
 for a grant of money, 573-575- 
 
 Customs bills, affecting trade and 
 property originate in committee 
 of the whole, 595. 
 
 Daly, Mr., first deputy speaker of 
 Canadian Commons, 212, 481, n. 
 
 Davies, Mr., his remarks on com- 
 missions in election cases, 161, n. 
 
 Davitt, Michael, declared incapable 
 of sitting in English Commons, 
 195. 
 
 Death of members of either house, 
 practice to adjourn only in excep- 
 tional cases, 293-295. 
 
 Debates; official rejjorts of, 227; 
 freedom of speech in parliament, 
 239 ; no debate allowed in Senate 
 in giving notice of a motion, 367 ; 
 but a senator may make expla- 
 nations, /6.; latitude allowed in 
 upper house in putting questions, 
 381-383 ; no debate in Commons 
 on a question, 383 ; motions duly 
 proposed may be debated, 369 ; 
 precedence in, 406 ; written 
 speeches not permissible, 407; 
 extracts from papers, 408 ; no ar- 
 ticles in newspapers, letters or 
 communications, commenting on 
 debates allowable, 408, 409 ; pub- 
 lic documentSiWhen quoted,must 
 be laid on table, 409 ; references 
 to queen or her representative, 
 410 ; relevancy of remarks, 411 
 irrelevancy not permitted, 412 
 no limits to length of speeches, 
 413; the cloture not adopted in 
 Canada, lb. ; debate on motions 
 for adjournment, 413-415 ; limita- 
 tions to remarks on such motions, 
 415, 416; rules limiting speeches 
 on a question in the Senate, 416; 
 in the Commons, 417 ; seconding 
 motions, 369, 417 ; reply allowed 
 to mover of substantive motion, 
 416 ; member who moves amend- 
 ment or adjournment cannot 
 speak again, 418; adjournment 
 of debate to allow a member to 
 continue his speech, J6. ; jier- 
 sonal explanations, 419; limita- 
 tions to the privilege, lb., 420; 
 calling in question a member's 
 words, 421 ; member in posses- 
 sion of floor not to be interrupt- 
 ed, lb. ; except on question of 
 order or privilege, lb. ; remarks 
 on calling of orders, 422 et seq. ; 
 ministerial explanations, 424 ; re- 
 ferring to other members, 425 ; to 
 the other house, 426 ; to previous 
 debates, lb.; rules for the preser- 
 vation of order, in the Senate, 
 427 ; unparliamentary remarks 
 never permitted, 428 et seq. ; call- 
 ing a member to order, 431, 432 ; 
 duty of speaker, lb. ; naming a 
 member, 433 ; words taken down, 
 
INDEX. 
 
 m 
 
 Debates — continued. 
 
 434 ; words may be retracted, 
 435; duty of house to prevent 
 hostile meeting on account of 
 words uttered in debate, 438 ; 
 withdrawal of member whilst his 
 conduct is debated, 440 ; refer- 
 ences to judges and other per- 
 sons, 442 ; new rules of English 
 Commons to close debate on a 
 question adequately discussed, 
 443. See App. L. 
 
 Debts, du<i to the' Crown ; petitions 
 compounding, not received, 324 ; 
 bills of this character originate 
 in committee of the whole, 598. 
 
 Demise of the Crovm. 
 VI, sec. 8. 
 
 See Chapter 
 
 Denison, Et. Hon. I. E., resigns 
 as speaker of English Commons, 
 208. 
 
 Deputy -governor ; how appointed, 
 52 ; first appointment of, 209, n ; 
 his duty at commencement of 
 new parliament, 209, 271, 274. 
 
 Deputy-speaker, appointed, 210-212. 
 
 Dilatory motions ; postpone or su 
 persede question for time being, 
 394 ; their forms — that the house 
 do now adjourn, 395 ; that the 
 house do now proceed to the or- 
 ders of the day, 396 ; that the 
 question be now put, 398 ; amend- 
 ments to such motions, 400. 
 
 Disallowance ; of dominion acts by 
 English government, 647 et seq. ; 
 of provincial acts by dominion 
 government. See Parliamentary 
 Institutions in Canada, VIII. 
 
 Disobedience to orders of house 
 breach of privilege, 243. 
 
 Disqualification ; of Senators, 142 ; 
 of members of the Commons, 
 160, 163, 166, 173, 176, 194, 196. 
 
 Dissolution of Parliament ; by the 
 Crown, 52, 60, 269, 289 ; not de- 
 termined by demise of the 
 Crown, 289. 
 
 Division ; putting the question, 
 446; contents and non-contents 
 in the Senate, Ih. ; yeas and nays 
 in the Commons, JJ. ; Senate rule 
 as to entering division, 447 ; Com- 
 mons rule. lb. ; members called 
 in, 448 ; taking a division, lb. \ 
 inconveniences of Canadian sys- 
 tem, 449, n. ; result declared, 450 p 
 challenging a vote, lb. ; members 
 must be in house and hear ques- 
 tion put from the beginning, in 
 either English or French, 451 ; 
 Mr. Speaker White's decision on 
 the foregoing point, 896 ; mem- 
 bers must vote in Commons, 451 ; 
 Senate rule on subject, lb. ; pairs, 
 lb., and n. ; member voting inad- 
 vertently cannot correct mistake 
 in Commons, 452 ; may do so in 
 the Senate by unanimous consent, 
 lb. ; errors in the minutes cor- 
 rected, lb. ; question carried on 
 division, etc., lb. ; speaker's cast- 
 ing vote, 453 ; protest of senators, 
 454; members not having a 
 direct pecuniary interest in a 
 question may vote thereon, 455- 
 459 ; recording of names, 459. 
 
 Divorce Bills. See Private Bills, VII. 
 
 Dobie V. Temporalities Board, 
 judicial decisions thereon, 99, 100. 
 
 Dominion, name applied to Canada 
 on confederation, 50, n. 
 
 Dorchester, Lord, governor-general 
 of Canada, 12, n. 
 
 Double returns ; meaning, 185, n. '. 
 proceedings thereon, 184, 185. 
 
 Dropped orders; rules concerning 
 (in the Senate), 304; (m the 
 Commons), lb. 
 
 Dual representation. See Commons. 
 
 Dufierin, Lord; governor-general, 
 356; address on his retirement, 
 lb. 
 
908 
 
 INDEX. 
 
 Durham, Lord ; governor-general, 
 24 ; his report on Canada, 25 ; 
 recommends responsible govern- 
 ment, lb. ; legislative union, 26 : 
 establishment of supreme court, 
 91, n. 
 
 Duties ; petitions for imposition of, 
 323, 324; remitting, 324; bills 
 imposing,originate in committee, 
 598 ; but not when they reduce, 
 601 ; except in cases affecting 
 trade, lb. 
 
 Easter Monday, houses generally 
 adjourn over, 292. 
 
 Elections ; vfhen writs are return- 
 , able, after general elections, 1867- 
 1891, 63, 64; acts relative to, 146, 
 et seq. ; who may vote, 148 ; writs 
 when returnable, and to whom 
 addressed, 150, 151 ; information 
 by telegraph in certain caBes,/6. ; 
 trial of controverted elections 
 under Grenville Act, 154 ; after 
 union of Upper and Lower 
 Canada, 154, 155 ; by judges. 156 ; 
 result certified and reported by 
 judge to speaker, 158 ; by 
 supreme court of Canada in case 
 of appeal from lower courts, 158 ; 
 acts providing for more eflfectual 
 inquiry into corrupt practices, 
 159 et seq. ; petitions respecting 
 elections before the house, 162 ; 
 issue of writs, 180, 181 ; in case 
 of resignation, death or accept- 
 ance of office, 181-183; double 
 returns, 183 ; a member must 
 elect between two constituencies 
 when chosen for both, lb. ; he 
 cannot resign if his seat be con- 
 tested, 184 ; election returns 
 amended by order of speaker 
 under law, J 58, n. 
 
 Elgin, Lord ; governor-general of 
 Canada, 31 ; on differential duties, 
 37, n. 
 
 Engrossment of addresses ; in the 
 Commons, 283 ; not necessar}' in 
 the Senate, 273. 
 
 Entering the House, rules to be 
 observed by members, 405, 406. 
 
 Escheats, decision of privy council 
 respecting, 114-18. 
 
 Estimates for public services ; 
 brought down by message, 543, 
 544 ; referred to committee of 
 supply, 646 ; of salaries and ex- 
 penditures of house of Commons, 
 231. 
 
 Evidence ; before select committees, 
 497, 515, 519, 520 et seq. ; in 
 divorce cases, printed journals in 
 courts, 766, 769. 
 
 Expenses oj witnesses. See Chapter 
 XVI.,sec.lQ. 
 
 Expiring laws, committee on, ap- 
 pointed, 493. 
 
 Expulsion of members ; an extreme 
 exercise of power, 193 ; instances 
 in English parhament, 194, 195 ; 
 in Canadian legislatures, 195,197, 
 895 ; Canadian Commons, 196 ; 
 proceedings before resorting to, 
 198 ; such a power necessary to 
 conservation of dignity and use- 
 fulness of every legislative body, 
 249. 
 
 Expunging ; of motions from jour- 
 nals, 225; of protests of senators, 
 454. 
 
 Extracts from papers and books, 
 reading of, 408. 
 
 Factoeies, bills concerning, need 
 not originate in committee of the 
 whole, 595. 
 
 federal Union of the Provincs. See 
 Parliamentary Institutions in 
 Canada, VI. 
 
 Fees for private bills. See Chapter 
 XX., sec 7. 
 
 Female suffrage at municipal 
 elections, 149, n. 
 
 First reading of public bills, 590 ; of 
 resolutions from committee of the 
 whole, 488 ; from committees of 
 supply and ways and means,-559. 
 
INDEX. 
 
 909 
 
 Fishery licenses and leases, de- 
 cision of supreme court respect- 
 ing, 102 et seq. 
 
 Forgery or fraud in petitions, 
 severely punished, 321. 
 
 Fournier, Mr. ; introduces bill for 
 the trial of controverted elections, 
 156 ; his report on escheats, 1 1 4. 
 
 Franchise, Dominion. See Chapter 
 II., sec. 4. Provincial, lb., sec. 5. 
 
 Freedom of Speech ; one of the un- 
 doubted privileges of parliamen- 
 tary assemblies,239 : publications 
 of parliamentary papers, protect- 
 ed by statute, 235 ; how far it 
 extends to publication of debates, 
 239, n. 
 
 French language in parliament; its 
 use restricted in the legislature of 
 Canada by Union act, 37, 266 ; 
 repeal of clause in that act, 38, 
 266 ; now used in records,debates 
 and journals of both houses of 
 dominion parliament, 266, 267 ; 
 in Quebec, Manitoba, and N. W. 
 T., 267, 268. 
 
 Funerals; Senate represented at 
 (death of an old speaker), 293 ; 
 houses attend in case of death of 
 prominent persons, 294; of Sir 
 George E. Cartier, 212, n. ; of Sir 
 John Macdonald, 294. 
 
 Gallbeibs; admission to (in the 
 Senate), 224, 225 ; in the Com- 
 mons, lb. ; cleared in certain 
 cases, 225. 
 
 Gazette. See Canada Gazette. 
 
 Glengarry election case,95. 
 
 Good Friday, houses do not sit, 
 292. 
 
 Gosford, Lord, governor-general, 
 
 24. 
 
 Governor-General of Canada ; how 
 appointed, 51 ; royal instructions, 
 etc., 52; change in instructions 
 with respect to bills, 650, 651. 
 See Crown. 
 
 Governor-Oeneral. See Parliamen- 
 tary Institutions in Canada, see. 
 VII. 
 
 Gowan, Senator; amends divorce 
 rules in Senate, 755 ; his opinions 
 in divorce cases, 754. 
 
 Grants of public money. See Supply. 
 
 Great Seal; governor-general, ap- 
 pointed under, 51 ; speaker of 
 Senate, 202 ; clerk, 204 ; gentle- 
 men-usher, 206, n. ; clerk of Com- 
 mons, 215 ; serjeant-at-arms, 222. 
 
 Grenville Act, respecting commit- 
 tees in election cases, 154. 
 
 Halifax, capital of Nova Scotia, 
 71, n. 
 
 Hansard ; record of official reports 
 of debates, of the Commons, 227 ; 
 of the Senate, lb 
 
 Harbours of Canada, decisions of 
 supreme court in relation thereto, 
 680, 893. 
 
 Hodge V. the Queen,judicial decision 
 thereon, 108-113. 
 
 Holton,Mr. Luther, house adjourns 
 on his death, 294. 
 
 Holman v. Green, decision of 
 supreme court of Canada, 892. 
 
 House of Commons. See Commons ; 
 Parliament, 
 
 Hybrid Bills ; their nature, 690 ; 
 proceedings in relation to, 691. 
 
 Indemnity of Membbes. See Chap- 
 ter II., sec. 13. 
 
 Indenture, certificate of return of, 
 no longer necessary, 186, n. 
 
 Independence of parliament, acts 
 respecting, 170 et seq. 
 
 Indian Lands, judicial decisions on, 
 118-122. 
 
910 
 
 INDEX. 
 
 Indorsement of bills, by the clerk 
 of the Senate and Commons, 204, 
 217. 
 
 Informalities in the passage of bills; 
 caees in the English Parliament, 
 655 ; in the Quebec Legislature, 
 lb. 
 
 Initiation of measures in the 
 Senate; public bills, 475 ; private 
 bills, lb. 
 
 Insane persons, not eligible to 
 parliament, 185- 
 
 Insolvency, decision of privy 
 council in relation thereto, 126. 
 
 Instructions to committees of the 
 whole House. See Chapter XVIII. , 
 on Public Bills, sec. 8. 
 
 Instructions, Royal, with respect 
 to bills, 648 et seq. 
 
 Insurance ; decisions of courts on 
 questions of jurisdiction, 95-99 ; 
 private legislation on subject, 
 669 et seq- 
 
 Intendant under the French Regime. 
 I See chap. I, sec. 1. 
 
 Interest, personal; votes of mem- 
 bers (in the Commons), 455 ; (in 
 the Senate), 458 ; in private bills, 
 457, 458. 
 
 Internal Economy, Commissioners of. 
 fei^See Commissioners, &c. 
 
 Interruption in debate, not per- 
 mitted, except in cases of order 
 or privilege, 421. 
 
 Introduction ; of Senators, 143, 271 ; 
 members of the Commons, 186 
 
 et seq. 
 
 Italics in bills, when necessary ,588. 
 
 Joint Addebssbs. See Chapter X., 
 sec. 3. 
 
 Joint Committees- See Committees. 
 
 Journals ; of the Senate, 207 ; pro- 
 ceedings of committee of the 
 whole house, entered in the 
 Senate, but not in the Commons, 
 484, 485 ; entries expunged, 225 ; 
 proceedings in committee in 
 cases of supply, and of money or 
 tax resolutions, always entered, 
 484. 
 
 Judiciary ; establishment of su- 
 preme court of Canada, 91 ; its 
 appellate jurisdiction, lb.: de- 
 cisions on questions of legislative 
 jurisdiction, 93-121 : Contro- 
 verted Elections Act of 1874, 
 93 ; insurance, 95; Ontario 
 Licensing Act, 101 ; Fisheries 
 Act of 1868, 102; Canada Tem- 
 perance Act, 104 ; opinion on the 
 constitutionality of the Dominion 
 Liquor License Act of 1883, 113 ; 
 on the Manitoba railway cros- 
 sings case, 85, n. ; escheats, 116 ; 
 Indian titles, 118 ; rule laid down 
 for construction of B. N. A. Act, 
 125 ; value of a supreme court 
 under a federal system, 133, n. ; 
 private bills referred to that 
 court by Senate, 684-686 ; inde- 
 pendence of the judiciary, 135 ; 
 salaries permanently charged on 
 civil list, lb. ; hold offices during 
 good behaviour, lb. ; only remov- 
 ed on address of two houses, lb. ; 
 county court judges removed for 
 sufficient cause by governor-gen- 
 eral, lb., n.; delicate functions of 
 Commons in impeaching a judge 
 for misconduct, 136 ; procedure 
 in the house in case of serious 
 charges against a judge, 136, 137; 
 speaker of the Commons inter- 
 feres to prevent improper refer- 
 ences to judges and courts, 442. 
 
 Jurors, members need not serve as, 
 238. 
 
 Kbbwatin, district of, 78. 
 
 Kenny, Sir Edward, vacates his 
 seat in Senate, 143. 
 
 Kent Election case, referred to 
 committee on privileges and 
 elections, as to issue of warrant 
 for writ of election by house or 
 speaker, 161, 162, n. 
 
INDEX. 
 
 911 
 
 Kirkpatrick, Blr. Speaker, his de- 
 cisions on points of order, 321, n. ; 
 331, n.; 379, n. ; 455, n.; 622, n; 
 634, n. ; 645, n. 
 
 Laflammb, Mr., introduces bill 
 respecting independence of par- 
 liament, 175. 
 
 Lafontaine, Attorney-General, op- 
 posed to Union act of 1840, 39, n. ; 
 introduces act for independence 
 of parliament, 171. 
 
 Landers v. Wood worth, privileges 
 of provincial legislatures con- 
 sidered therein by supreme court, 
 253-255. 
 
 Lansdowne, Marquess of, governor- 
 general of Canada, address to 
 him on his retirement, 357. 
 
 Law Clerk; appointed in each 
 house, 219 ; master in chancery 
 in Senate, 204, n. 
 
 Law, of the Constitution, distin- 
 guished from the conventions and 
 understandings of the constitu- 
 tion, 785, 785. 
 
 Legislative Council ; of Canada, 11 ; 
 Upper Canada, 16 ; Lower Can- 
 ada, lb. ; Province of Canada 
 (after 1840), 28; Quebec (since 
 1867), 69 ; Nova Scotia, 72 ; New 
 Brunswick, 73; Prince Edward 
 Island, 74 ; abolished in Ontario, 
 68 ; in Manitoba, 75 ; in British 
 Columbia, 76 ; its relations with 
 the old assemblies, 21 ; proceed- 
 ings in, respecting matters of ex- 
 penditure and taxation, lb. 
 
 Legislative Powers, distribution of. 
 See Chapter I., sec. 12. 
 
 Letellier de St. Just, dismissed 
 from lieutenant-governorship of 
 Quebec, 66. n. 
 
 Letters-Patent Bills, rules respect- 
 ing, 723. 
 
 Libels upon the house or its mem- 
 t, bers ; punished as breach of 
 privilege, 240. 
 
 Library of Parliament; its direc- 
 tion and control, 228 ; joint com- 
 mittee to make regulations, lb., 
 492, 494; officers, clerks, and 
 servants, 228, 229 ; rules for loan 
 of books, 76.; for admission of 
 persons, lb. ; recommends assist- 
 ance to works on constitutional 
 and parliamentary practice, 230. 
 
 License Acts respecting sale of 
 intoxicating liquors ; decisions of 
 supreme court respecting an 
 Ontario Act, 101 ; Dominion Act 
 for issue of licenses, 107; Liquor 
 License Act of Ontario, 108 et seq. 
 
 Lieutenant-governor ; before union 
 of 1840 in Canada, 19, 20 ; of each 
 province since confederation, 66 ; 
 dismissal by governor-generaljife.; 
 assembles, prorogues and dis- 
 solves assemblies, 67 ; advised by 
 a council, 66, 67 ; assents to 
 reserves, or vetoes bills, 657-661. 
 See Parliamentary Institutions in 
 Canada, VIII. 
 
 Local Bills. See Private Bills. 
 
 Local legislature. See Parliamentary 
 Institutions in Canada, VIII. 
 
 Locus standi of petitioners in cases 
 of private bills, 735. 
 
 Lome, Marquess of: governor-gen- 
 eral of Canada ; his opinion on 
 the working of Canadian institu- 
 tions, 138, n. ; address to him on, 
 his retirement, 356, 357 ; his 
 reply, lb. ; of congratulation on 
 the escape of himself and the 
 Princess Louise from serious 
 danger, 356 ; his commission, 
 App. E. 
 
 Macdonald, Sie John" ; in charge of 
 clergy reserves bill, 34, n. ; mem- 
 ber of Quebec conference, 43, n. ; 
 presents confederation resolu- 
 tions in legislative assembly, 
 44, n. ; his opinions on constitu- 
 tional and parliamentary ques- 
 tions, 50, n., 63, n., 88, n., 89, n., 
 658, n., 673, 680, «., 683 ; intro- 
 duces bill respecting trial of con- 
 
912 
 
 INDEX. 
 
 Macdonald, Sir John — continued. 
 
 troverted elections, 156 ; the 
 franchise act, 349, n. ; respecting 
 internal economy of Commons, 
 230; moves address respecting 
 public funeral to Sir George 
 Cartier, 574 ; interred at the 
 public expense, 294, 575. 
 
 Mace ; used in the Senate, 271 ; in 
 the Commons, 277 ; carried by 
 the Serjeant at-arms before the 
 speaker on certain occasions, 277, 
 n. ; laid on the table after 
 speaker's election, 277; remains 
 on the table whilst house is 
 sitting, lb. ; under table whilst 
 there is a committee, lb., n. • ac- 
 companies speaker on state 
 occasions, 212 ; history of present 
 mace, 277, n. 
 
 Macpherson, Mr. Speaker; ap- 
 pointed, 202, n. ; held seat in 
 cabinet, 57, n. ; takes part in 
 debate, 203 ; his opinions on 
 points of procedure, 383, n. ; 627, 
 n. 
 
 Mackenzie,W. Lyon ; expelled from 
 assembly of Upper Canada, 196. 
 
 Manitoba, provincial constitution 
 of, 74, 75. See Parliamentary In- 
 stitutions in Canada, VI., VIII. 
 
 MasSres, Attorney-General of Que- 
 bec, his opinion on the Quebec 
 act, 10, n. 
 
 Masters in chancery ; appointed in 
 the Senate, 204 ; carry messages 
 to other house, 460 ; their offices 
 abolished in the Lords, lb., n. 
 
 McCarthy, Mr., his opinion on 
 questions of jurisdiction, 683. 
 
 McDonald, A. C, declared elected 
 for King's, P.E.L See Robertson, 
 J.E. 
 
 McGee, Thomas D'Arcy, houses 
 adjourn on his assassination,293, 
 294. 
 
 McGreevy, T., a member: refuses 
 to give certain evidence before a 
 select committee, ordered into 
 
 McGreevy, T,— continued. 
 
 custody, 522, n. ; resigns while 
 seat contested, but resignation 
 not allowed, expelled the house, 
 895. 
 
 Meeting of Parliament. See Chap- 
 ter VL 
 
 Mbmbebs of the Commoks ; number, 
 145 ; insane persons not eligible 
 as, 185 ; their election, 146-147 ; 
 the dominion franchise, 148-151 ; 
 their elections controverted, 154- 
 165 ; cannot sit in provincial 
 legislatures, 165,166 ; vacate seats 
 by acceptance of office of profit, 
 171 et seq. : cannot hold contracts, 
 173 et seq. ; resignation, 181-183 ; 
 cannot resign while seat is con- 
 tested, 184, 894, forms of resign- 
 ation, App. J. ; returned for two 
 constituencies, 183 ; procedure 
 in case of a " double return," 
 184, 185; introduction, 186-190; 
 attendance, 190; indemnity, 191- 
 193; expulsion and disqualifica- 
 tion, 193-198-895 ; suspension, 198, 
 199 ; questions affecting them 
 referred to select committees, 
 199, 200 ; places in the house, 
 201 ; speaker must be a mem- 
 ber, 208 ; privileges, powers, 
 and immunities, 233-237 ; per- 
 sonal privileges,237-239 ; freedom 
 of speech, 239 ; libellous reflec- 
 tions on, 240, 241 ; assaulting, 
 threatening, or challenging, 242; 
 privileged persons not members, 
 244; suspension and expulsion 
 of, 249; sworn at commencement 
 of parliament, 273, 274; proceed 
 to Senate at opening, 274; at 
 prorogation, 286 ; reports of judges 
 relative to elections laid before 
 house, 280; decease, 293, 294; 
 number necessary for quorum, 
 298 ; present petitions, 315 ; may 
 not discuss their contents, 316 ; 
 move reception of opposed peti- 
 tions, 317 ; member may not 
 present a petition signed by him- 
 self, lb. ; cannot read it at length, 
 325 ; may refuse to present it 
 when it reflects on house, 326 ; 
 procedure in moving for orders 
 and addresses, 329 et seq. ; may 
 
INDEX. 
 
 913 
 
 Mbmbees of the Commons — con- 
 tinued. 
 
 be refused papers under certain 
 circumstances, 337-341 ; movefor 
 printing of documents, 347-349 ; 
 stand uncovered on reading of 
 message from governor-general, 
 406 ; propose motions, 366 et seq. ; 
 move amendments, 385 et seq. ; 
 their deportment whilst spsaking 
 or in their places, 404, 405 ; pre- 
 cedence on rising to speak, 406, 
 407 ; may not read written 
 speeches, 407 ; nor papers or let- 
 ters reflecting on house, 408, 
 409; may not refer disrespectful- 
 ly to her Majesty or the governor- 
 general, 410, 411 ; should confine 
 themselves to questions under 
 consideration, 411-413 ; not limit- 
 ed to time in speaking, 413 ; may 
 not discuss certain subjects on 
 moving the adjournment of the 
 house or debate, 415, 416; may 
 not speak twice except in expla- 
 nation.or on a substantive motion, 
 or on proposal of new questions 
 by other members, 416; may 
 make personal explanations, 419; 
 cannot call in question a mem- 
 ber's words, 421 ; nor interrupt 
 others except to order, Ih. ; may 
 make remarks by indulgence of 
 the house on calling of orders, 
 422 et seq. ; must not use unpar- 
 liamentary language, 427 et seq. ; 
 named for breach of parliamen- 
 tary decorum, 433, 434 ; words 
 taken down, 434-437; misbe- 
 haviour in committees or lobbies, 
 437; should retract unparliamen- 
 tary language, 439 ; may be 
 punished for contempt or ob- 
 struction of public business, lb. ■ 
 withdraw when their conduct is 
 under consideration, 440 ; should 
 refer cautiously to judges and 
 courts, 442; suspended under 
 new English orders, 444 ; how 
 they vote, 446 et seq. ; having a 
 direct pecuniary interest in a 
 question, may not vote thereon, 
 455-459 ; must sit on select com- 
 mittees unless excused, 500 et 
 seq. 
 
 Memorials; not considered peti. 
 tions in certain cases, 318 and n. 
 
 58 
 
 Mercer escheats case. See Escheats. 
 
 Messages, from the governor-gen- 
 eral or deputy-governor at open- 
 ing of parliament, 274, 278, 360 ; 
 at close, 286; during session to 
 assent to bills, 646; written or 
 verbal, with respect to public 
 matters, 360-362 ; mode of answer- 
 ing, 362, 363 ; governor-general's 
 message interrupts all proceed- 
 ings, 410 ; clerks may be bearers 
 of, from one house to the other, 
 460; requiring attendance of 
 members or ofiicers of either 
 house as witnesses, 461, 462. 
 
 Messengers of Commons ; take oath 
 of allegiance, 222 ; how removed, 
 221 ; under the serjeant-at-arms, 
 223. 
 
 Military councils, established in 
 Canada, 6. 
 
 Miller, Senator, his opinions on 
 points of order, 382, n. ; 416, n. ; 
 506, n. ; 522, n. ; 761, n. 
 
 Ministerial explanations, 424, 595 
 et seq. 
 
 Ministers ; members of the privy 
 council, 56, 791 ; vacate seats in 
 Commons on acceptance of ofiice, 
 but may be re-elected, 172, 177, 
 178, 811, 812. 
 
 Minutes of Evidence. See Witnesses. 
 
 Minutes of proceedings, in the 
 Senate, 207. 
 
 Mitchell, John, expelled from 
 English Commons, 195. 
 
 Model Bill, for the incorporation 
 of railway companies, 723, 724. 
 See App. K. 
 
 Monck,' Lord, first governor-gen- 
 eral of the dominion of Canada, 
 45, n. 
 
 Money Bills ; recommended by the 
 Crown, and founded on resolu- 
 tions in committee of the whole, 
 585, 596 ; not to be amended by 
 the upper house, 571, 686. See 
 B'dls, Supply. 
 
914 
 
 INDEX. 
 
 Motions ; notice of, required in the 
 Senate, 366 ; proceedings in that 
 house on giving notice, Ih. ; can- 
 not be repeated, once answered, 
 366, 367; explanatory remarks 
 allowable on giving notice, 367 ; 
 no seconder required, lb. ; no no- 
 tice of public bills, lb. ; notice in 
 the Commons, 367, 368 : rules re- 
 lative to motions, must be in 
 writing or print, 369 ; how pro- 
 posed, lb. ; proceedings in case 
 of irregularities, lb. ; how with- 
 drawn, 370 ; complicated ques- 
 tions, how divided, 371 ; must be 
 in accordance with notice, Ih. ; 
 notice of resolutions in commit- 
 tee of the whole necessary, 372 ; 
 members should propose their 
 own motions, lb. ; cannot be 
 withdrawn in absence of member 
 who proposed, 373; relative to 
 business, made without notice by 
 general assent, 373; unopposed, 
 374, 375 ; of privilege, 375 ; their 
 character, 375-377 ; precedence 
 given to them, 377-379 ; of want 
 of confidence, not privileged, 379- 
 381 ; questions put by members, 
 exceptions to general rule re- 
 specting motions, 381-385; in 
 amendment, 385-389, previous 
 question, 398 ; amendment to 
 amendment allowable, 389 ; 
 to add words, 391 ; only two 
 amendments proposed at same 
 time to a question, lb. ; order of 
 amendments, 392 ; amendments 
 must be relevant to motion, 
 392-394; dilatory motions, 394; 
 of adjournment, lb. ; for reading 
 orders of the day, 396 ; amend- 
 ments to previous question or to 
 motion for proceeding to orders 
 of the day, 400 ; renewal of a 
 question in the same session, 
 400, 403; orders discharged and 
 motions rescinded, 401 ; means 
 of revoking a negative vote, 402 ; 
 motion once negatived cannot be 
 renewed as an amendment, lb. ; 
 forms of, see App. H. 
 
 Municipai;8ystem,its establishment 
 and value, 32, 33. 
 
 Murray, General, second governor- 
 general of Canada, 7, n. 
 
 Naming a member, for breach of 
 parliamentary decorum, by Mr. 
 Speaker, 433, 434. 
 
 New Brunswick, its provincial 
 constitution, 72, 73. See Parlia- 
 mentary Institutions in Canada, 
 
 VI, vii 
 
 New Brunswick school controversy 
 90, n. ; 351. 
 
 Newspapers : kept in reading rooms 
 of both houses, 230; attacks in, 
 on members, 249 ; proceedings in 
 such cases, lb , 377 ; produced by 
 members, 249 ; read at the table, 
 lb. ; motions respecting, 249, 
 377 ; extracts from, in debate, 
 408. 
 
 Newfoundland : refuses to enter 
 confederation, 49 ; representa- 
 tion in Senate in case of its ad- 
 mission, 142. See B, N. A. Act, 
 sec. 147, app. A. to this work, 
 
 North-West Territory ; its territo- 
 rial organization, 76-80. See Par- 
 liamentary Institutions in Canada, 
 VI, VIII. 
 
 Nova Scotia, provincial constitu- 
 tion, 70-72. See Parliamentary 
 Institutions in Canada, VI, VIII. 
 
 Notice ; necessary in case of special 
 motions in the Senate, 366 ; also 
 in the Commons, 368 ; motions 
 must be in accordance therewith, 
 371 ; none required of public 
 bills in upper house, 588 ; but 
 necessary in Commons, 368 ; 
 none in case of motions of privi- 
 lege, 375 ; place on order paper, 
 302, 303 ; rules respecting notice 
 for a private bill, 709, 710. See 
 Private Bills. 
 
 Oaths ; required for assembly in 
 Canada by proclamation of 1763, 
 8 ; under Quebec act, 11 ; taken 
 by the governor-general, 51 ; by 
 lieutenant-governors, 66 ; by pri- 
 vy-councillors, 812; by mem- 
 bers (in the Senate), 140 ; (in 
 
INDEX. 
 
 915 
 
 <ixin— continued. 
 
 the Commons), 274; by clerk and 
 oflScers, 222 ; oath or affirmation 
 in lieu of oath, administered 
 to witnesses, at the bar of the 
 Senate, lb. ; or by chairman or 
 members of select committees of 
 either house, 528 ; by private 
 bill committees, 527 ; in case of 
 divorce bills, 766, 767. See Pri- 
 vate Bills. 
 
 Obstruction to public business, 
 rules of the English house re- 
 specting. See App. L. 
 
 ■O'Donovan, Rossa, expelled, 194. 
 
 O'Fal-rell, John, expelled from 
 legislative assembly of Canada, 
 196. 
 
 Officers of the two houses; privi- 
 leged, 234, n. ; messages for their 
 attendance as witnesses in the 
 other house, 462 ; petitions for 
 their attendance with documents, 
 in courts of law, Jb. ; not to act 
 as parliamentary agents. Bee 
 Clerk, Cleric-Assistant, Law Clerk, 
 Serjeant-at'Arms, etc. 
 
 Offices under the Crown ; holding 
 of, a disqualification for the 
 house of Commons, 172 et seg. ; 
 acceptance of, vacates seat, 172 ; 
 members holding certain offices 
 in the ministry may be re-elect- 
 ed, 178, 811. 
 
 Official Reports of Debates. See 
 Hansard. 
 
 O'Loghlen, Sir Brien, his seat in 
 English Commons declared va- 
 cant, 179, n. 
 
 Ontario Liquor License Act ; 108. 
 
 Ontario, provincial constitution of, 
 68. See Parliamentary Institutions 
 in Canada, VII, VIII. 
 
 Orders-in-Council ; their authority 
 and meaning, 808-810 ; how laid 
 on the table of the houses, 332. 
 
 Orders of the day ; rules arranging 
 business, in the Senate, 301 ; in 
 the Commons, 302; calling of 
 questions and orders, 303; ar- 
 rangement of bills, etc., in Com- 
 mons, 304, 305 ; precedence to 
 special orders, 306; strict adhe- 
 rence to order paper necessary, 
 308 , undisposed of, lb- ; place of 
 motions on order paper, 310 ; mo- 
 tion to read, to supersede a ques- 
 tion, 396 ;no amendment thereto, 
 400; speaking on calling of or- 
 ders, 422-425. 
 
 Order, questions of, may interrupt 
 debate, 421. 
 
 Orton, Mr. ; his vote struck off, as 
 he was not sworn, 188. 
 
 Ottawa, city of, capital of the 
 Dominion, 27, n. 
 
 Ouimet, Mr. Speaker, his opinion on 
 a question of legislative jurisdic- 
 tion, 682 ; his decisions as Speaker 
 450, n. ; on amendments in giong 
 into supply, 815. 
 
 Paiks; system of, (in the Senate), 
 451 ; (in the Commons) lb. and n. 
 
 Palgrave, Mr. ; clerk of the English 
 Commons, his explanations of 
 English mode of putting amend- 
 ments to motions, 387, n. ; on the 
 previous question, 398, n. ; of re- 
 porting from committees of the 
 whole, 487, n. ; his hand book, 
 504, n. 
 
 Papineau, Mr. Speaker; his resigna- 
 tion, 209, n. ; governor-general 
 refuses to approve of his appoint- 
 ment, 278, 279, n. 
 
 Parliament ; constitution of Parlia- 
 ment of Canada, consisting of the 
 Queen, Senate and House of 
 Commons, 59 et seq. ; duration of 
 each (since 1867), 63-65; its legis- 
 lative powers, 89 ; number of 
 members in the two houses, 139, 
 145 ; parliamentary franchise, 
 148; dual representation, 165, 
 166 ; independence of, 170 et seq. ; 
 powers of expulsion and suspen- 
 sion, 193-199; privileges and 
 
916 
 
 INDEX. 
 
 Parliament — continued. 
 
 powers, 233 et seq. ; mode of sum- 
 moning, 269 ; election of speaker, 
 273 et seq. ; prorogation, 286, 287 ; 
 adjournment, 287; effect of proro- 
 guing, 288 ; dissolution, 289 ; not 
 determined by demise of the 
 Crown, lb. ; bas jurisdiction over 
 marriage and divorce, 750. See 
 also British North America Act, 
 House of Commons, Members, Pri- 
 mleges and Powers of Parliament, 
 Senate. 
 
 Parliamentary Agents. See Private 
 Bills, sec. 1. 
 
 Paeliambntaky Institutions in 
 Canada ; Origin and Growth of. 
 
 I. Canada under the French re- 
 gime : No legislative assemblies 
 in French Canada previous to 
 conquest, 1, 2 ; nature of first 
 government, 2 ; functions of gov- 
 ernor, lb. ; of intendant, 3 ; con- 
 stitution of supreme, afterwards 
 superior, council, lb. ; no sem- 
 blance of municipal government, 
 4 ; feudal tenure, 4, 5 ; whole sys- 
 tem of administration centred in 
 the king, 5. 
 
 II. Oovernment from 1760 to 
 1774 : Terms of capitulation in 
 1760, 5, 6 ; treaty of Paris, lb. ; 
 military government for three 
 years, 6 ; proclamation of 1763, 
 establishing system of govern- 
 ment in Quebec, 6, 7 ; no assem- 
 blies called, 7, 8 ; unsettled state 
 of the country, 8 ; uncertainty as 
 to laws in force, 8, 9. 
 
 III. Quebec Act, 1774: Inter- 
 vention of Parliment 9 ; char- 
 ter of government, lb.; oppo- 
 sition to the act in the province, 
 10; details of new constitution, 
 11, 12 ; legislative council estab- 
 lished, lb. ; inauguration of new 
 constitution, 12, 13 ; privy coun- 
 cil formed, 13. 
 
 IV. Constitutional Act, 1791 : 
 Two provinces established, 13 ; 
 immigration of U. E. loyalists, 
 
 Paeliamentaey Institutions ik 
 Canada — conttnv£d. 
 
 13, 14 ; legislative institutions in 
 Upper and Lower Canada, 15-19 ^ 
 meeting of legislature of Lower 
 Canada at Que Dec, 17th Decem- 
 ber, 1792, 19; of legislature of 
 Upper Canada at Newark, 17th 
 September; 1792, lb. ; a new con- 
 stitutional system intended as a 
 transcript of British constitution,. 
 20 ; description of ceremonial at 
 first opening of legislature in 
 Upper Canada, lb. n.; political dif- 
 ficulties, 20, 21 ; dispute between 
 executive and assemblies with 
 respect to control of supplies and 
 civil list, lb- ; frequent dissolu- 
 tion of Quebec legislature, 21 ; 
 political state of provinces de- 
 scribed, 20-23 ; rebellion of 1837, 
 23 ; suspension of Quebec consti- 
 tution, ii. ; arrival of Lord Dur- 
 ham as governor-general and 
 high commissioner, 24; his ela- 
 borate report on political diffi- 
 culties, 25, 26 ; value of his sug- 
 gestions, lb- 
 
 V. Union Act of 1840 : Upper 
 and Lower Canada reunited, 27 ; 
 arrival of Poulett Thomson 
 (Lord Sydenham) as governor- 
 general, lb. ; outline of new con- 
 stitution, 27-29; assembling of 
 first legislature, 27, n. ; commen- 
 cement of new era, 29 ; responsi- 
 ble government, 29-32 ; arrival of 
 Lord Elgin, 31 ; importance of 
 legislation from 1841-1867, 32-39 ; 
 municipal system, 32 ; settlement 
 of clergy reserves, 33 ; abolition 
 of seigniorial tenure, 34 ; civil 
 service, 34-36; complete control 
 over civil list, and provincial re- 
 venues, 36 ; freedom of trade, 37 ; 
 repeal of navigation laws, lb. ; 
 use of French language, 37, 38 •, 
 elective legislative council, 38. 
 
 VI. Federal Union of the Pro- 
 vinces.- Political difficulties, 39- 
 42 ; representation by popula- 
 tion, 39-40 ; double majoritv 
 theory, 40, 41 ; political deadlock, 
 41, 42 ; understanding between 
 political leaders, 42; federal. 
 
INDEX. 
 
 91T 
 
 Parliamentary Institutions in 
 Canada — conlinwd. 
 
 union, lb.; conference at Char- 
 lottetown, 43 ; at Quebec in 1864 
 and adoption of 72 resolutions as 
 basis of federal union, 43, 44 ; 
 Canadian representatives at 
 Quebec conference, 43, n. ; legis- 
 lature of Canada pass address to 
 queen, 44; delay in maritime 
 provinces, lb. ; new constitution 
 finally adopted, 45; passage of 
 act of union (B. N. A. Act, 1867), 
 by imperial parliameut, lb.; 
 meeting of first parliament of the 
 ■dominion, lb. ; acquisition of the 
 Northwest, 46, 47, 4S ; insurrec- 
 tion in Red River 47; establish- 
 ment of Province of Manitoba, 
 47; meeting of first legislature, 
 lb. ; representatives take seats in 
 parliament, lb.; admission of 
 British Columbia, 48 ; of Prince 
 Edward Island, lb.; JSewfound- 
 land declines to enter confedera- 
 tion, 49; imperial order in coun- 
 cil placing all British North 
 America except Newfoundland 
 ■under control of Canada, 49, 50. 
 
 VII. Constitution of the general 
 government and parliament : Wide 
 ■extent of dominion, 50; execu- 
 tive government, 51 ; oifice of 
 governor-general, 51-53 ; appoint- 
 ment of deputy-governor, 52 ; of 
 administrator, in his absence, 53; 
 may be removed at any time, 53, 
 n. ; his salary, 65 ; advised by a 
 privy council, 54-55, 790 ; its ap- 
 pointment and functions,56; form- 
 ation of first ministry of the dom- 
 inion, lb. ; functions of ministers, 
 lb. ; organization of public de- 
 partments, 56-59; constitution of 
 parliament, 59 ; governor-general 
 opens and prorogues parliament, 
 lb.; assents to or reserves bills, 
 lb.; dissolves parliament, 60; 
 general features of the Senate or 
 upper house, 61, 62 ; of the house 
 of Commons, 62, 63 ; duration of 
 parliament, 63-65; control over 
 revenues and duties, 65 ; charges 
 on consolidated fund, lb. 
 
 VIII. Constitution of the pro- 
 
 PaRLIAMBNTAHY iNSTITUriOSS IN 
 
 Canada — continued. 
 
 vincial governments: Control of 
 general government over pro- 
 vinces, 65; lieutenant-governor 
 appointed and removed by gov- 
 ernor-general in council, 66 ; his 
 duties and responsibilities, lb. ; 
 aided by an executive council, 
 66, 67; represents the queen in 
 the performance of certain exe- 
 cutive acts 67; constitution of 
 local legislature of Ontario, 68 ; 
 of Quebec, 68-70 ; of Nova Sco- 
 tia, 70-72 ; of New Brunswick, 72, 
 73; of Prince Edward Island, 73, 
 74; of Manitoba, 74, 75; of Bri- 
 tish Columbia, 75, 76; govern- 
 ment of the North-West Terri- 
 tory, 76, 77 ; creation of provi- 
 sional district of Keewatin, 78 ; 
 imperial legislation to remove 
 doubts as to power of Canadian 
 parliament to legislate with re- 
 spect to new provinces in the ter- 
 ritories, etc., 78-80 ; local legisla- 
 tures may amend local constitu- 
 tions, except as regards office of 
 lieutenant-governor, 80 ; disal- 
 lowance of provincial acts, 81, 82 ; 
 disallowance of streams act of 
 Ontario legislature, 82-84 ; of acts 
 of Manitoba legislature incorpor- 
 ating Winnipeg South-Easlern 
 Railway Company, etc., 84, 85 ; 
 opinion of supreme court of Can- 
 ada on Manitoba railway cross- 
 ings case, 85, n.; powers and re- 
 sponsibilities of dominion gov- 
 ernment in this respect, ST. 
 
 IX. Distribution of legislative 
 powers; object of the framers of 
 the constitution, 88, 89 ; powers 
 of the general government, 89 
 of the provincial governments, 
 lb. ; exclusive powers of legisla^ 
 tures respecting education, 90 
 concurrent powers of p vrliament 
 and legislatures on immigration 
 and agriculture, lb. ; difficulties 
 as to jurisdiction, 91 ; decisions 
 of supreme court of Canada and 
 privy council of England on ques- 
 tions of jurisdiction ; 92-124 ; 
 dominion controverted elections 
 act, 93-95 ; insurance, 95-98 ; acts 
 
918 
 
 INDEX. 
 
 Paeliambntaey Institutions in 
 Can AD A— con tinued. 
 
 respecting temporalities fund of 
 Presbyterian church, 99, 100 ; 
 Ontario act respecting sale of 
 fermented or spirituous liquors, 
 101, 102; fishery leases and li- 
 censes, 102-104 ; Canada temper- 
 ance act, 104-107 ; Ontario liquor 
 license act, 107-114 ; escheats, 
 114-118; question respecting In- 
 dian lands, 118-122 ; taxes on in- 
 corporated companies, 122, 123 ; 
 public harbours, 893 ; boundary 
 question, 123, 124 ; rules of con- 
 struction and interpretation of 
 provisions of B.N.A. act relating 
 to distribution of legislative pow- 
 ers, 124-133. 
 
 X. General observations on the 
 practical operation of parliament- 
 ary government: Eelations be- 
 tween the parent state and Can- 
 ada, 780; limitations on sover- 
 eign authority of the empire, 
 781 ; plenary and ample powers 
 of Canadian legislative authori- 
 ties within defined legal limits, 
 782-784 ; principles of Canadian 
 constitution rest on written and 
 unwritten law, 785; distinction 
 between the conventions and the 
 law of the constitution, 785-787 ; 
 principles of English parliament 
 government observed in Cana- 
 dian system, 788; executive au- 
 thority defined in general terms, 
 789, 790 ; all privy councillors not 
 advisers of the Crown, 790, 791 ; 
 cabinet, a committee of privy 
 council and of the legislature, 
 791, 792; premier, choice of gov- 
 ernor-general, 792, 793 ; constitu- 
 tional medium between governor- 
 general and cabintt, 793; 
 chooses members of cabinet, lb. ; 
 cabinet must act as unit, 794 ; its 
 responsibility, 795; proceedings 
 in case of ministerial crisis, and 
 of formation of new government, 
 lb., 796 ; ministerial explana- 
 tions, 796, 707; government re- 
 sponsible for administration and 
 legislation, 798; functions of par- 
 liament, those of control not of 
 administration, 799 ; parliament- 
 
 Paeliamentaey Institutions in 
 Canada — continwd. 
 
 ary committees, their impor- 
 tance, 800 ; royal commissions, 
 800-802 ; ministry initiate and 
 control legislation, 802, 803 ; alone 
 initiate measures of taxation and 
 expenditure, 804, 805 ; responsi- 
 bilities in matters of legislation, 
 806; isolated defeats do not ne- 
 cessarily involve ministerial re- 
 signation, 807 ; orders in council, 
 808, 809; defeat or resignation of 
 ministry, and the consequence, 
 810, 811 ; re-election of ministers, 
 when necessary, 811, 812; im- 
 portance of law and custom of 
 parliament, 813-816. 
 
 Parliamentary Papers. See Accounts 
 and Papers. 
 
 Pecuniary interest in a question 
 members', 455 et seq. 
 
 Pecuniary penalties and fees ; may 
 be inserted in Senate bills. 
 
 Perry, Mr. ; his eligibility as a 
 member, referred to committee 
 of privileges, 166, 167 ; before the 
 courts, 170- 
 
 Petitions ; may be presented on 
 reading of an order, 305 ; their 
 varied character, 314 ; presenta- 
 tion, 3l5 ; rules with respect to, 
 315, 316 ; no debate allowed on 
 presentation, 316 ; read and re- 
 ceived, lb. ; procedure in case of 
 opposition to reception, 317 ; Com- 
 mons' speaker cannot present a 
 petition, nor a member one from 
 himself, lb. ; but Senate speaker 
 may do so, lb. ; form, 318; irre- 
 gularities in the same, 318-321 ; 
 not received from aliens, 320 : 
 forgeries and frauds punished, 
 321 ; directly asking for pecuni- 
 ary aid not received, 321, 322; 
 indirectly asking for assistance 
 for public works, received, 322, 
 323 ; practice of Senate with re- 
 spect to money petitions, 323 ; 
 for the imposition of duties re- 
 ceived, 323, 324 ; for bounties to 
 industries, 324; for compound- 
 ing or releasing debts due to 
 
ISDEX. 
 
 919 
 
 Petitions— coniintKd. 
 
 Crown, etc., lb. ; read and receiv- 
 ed on account of urgency, 325 ; 
 respecting privilege, 16. ; reflect- 
 ' ing on house or members, 326 ; 
 printing, 325 ; rules of the impe- 
 rial autho rities with respect to 
 petitions from colonial dependen- 
 cies, 326-8. 
 
 Personal explanations ; when per- 
 mitted, 419. 
 
 Places of members ; in the Com- 
 mons, 201 ; rules concerning con- 
 duct of members while in their 
 seats, 405, 406. 
 
 Plumb, Speaker •,his sudden death, 
 203, n. ; the two houses adjourn 
 in consequence, 294. 
 
 Pope, Mr.; minister of railways ; 
 house adjourns on his death, 294. 
 
 Power of commitment. See Commit- 
 ment. 
 
 Prayers; by chaplain in the Sen- 
 ate, 300 ; read by speaker in Com- 
 mons, lb. Form of, see App. G. 
 
 Preamble. See Chap. XVIII, on 
 Public Sills, sec. I, and Chap. XX 
 on Private Sills, sec. 8. 
 
 Precedence in debate ; in the Sen. 
 ate, 407 ; in the Commons, 406. 
 
 Premier or prime minister; how 
 appointed, 791 ; his title unknown 
 to the law, 26. ; his position and 
 responsibihties, 792, 793. 
 
 Preston, sessional clerk ; dismissed 
 for reflections on a member,' 241, 
 
 Previous question ; its form and 
 meaning, 398 ; how used in 
 Canadian house, 399; in the 
 United States, 398, n. ; cannot be 
 amended, 400; nor proposed 
 when an amendment is under 
 consideration, lb. ; motion for 
 adjournment regular,26. ; motion 
 for reading orders of the day 
 equivalent to previous question, 
 lb. ; moved on stages of bills, lb. 
 
 Prince Edward Island ; provincial 
 constitution, 73, 74. See Parlia- 
 mentary Institutions in Canada, 
 
 vni 
 
 Printing; of papers and returns, 
 343; rules of the Senate with 
 respect thereto, lb. ; of the Com- 
 mons, 348; joint committee on 
 printing, its appointment, 344, 
 492, 493; origin, 344; its func- 
 tions, 346; distribution office, 
 347 ; motions for printing papers, 
 348 ; accounts of, audited and 
 laid before the houses, 381; 
 queen's printer, 345 ; establish- 
 ment of a government printing 
 office, Ih. ; Canada Gazette, lb. 
 
 Private Bills : 
 
 I. In general; Importance of, 
 663 ; number passed since 1867 in 
 Canada, 663, 664 ; definition,664 ; 
 questions of jurisdiction, 665 ; 
 railway bills, 666, 667 ; boards of 
 trade, 669 ; insurance, 669, et sea. ; 
 electric light companies, 671 ; for 
 works for the general advantage 
 of Canada, etc., 672 ; refused be- 
 cause they aflect provincial 
 rights, 673, 674; wide range of 
 dominion legislation, 677, 678 ; 
 foreign corporations seeking 
 powers from dominion, 679; works 
 on navigable, rivers, 680; with 
 respect to companies incorpor- 
 ated by provincial acts, 681-683 ; 
 supreme court reports on private 
 bills, 684; questions of jurisdic- 
 ' tion referred to Senate commit- 
 tees, 684-686 ; classification of, 
 686; incorporation of ecclesias- 
 tical bodies, 687 ; bills from 
 municipal bodies considered 
 private, lb. ; bills from cities 
 treating of public policy, public 
 bills, 688; hybrids, 690; public 
 acts amended by, 693 ; bills com- 
 menced as private cannot be 
 proceeded with as public, lb. ; 
 afiecting the public revenue,694 ; 
 general public acts affecting cor- 
 porate bodies, 695 ; joint stock 
 companies act, lb. ; banking, 
 insurance, telegraphs, etc., 696; 
 all acts deemed public unless 
 otherwise declared, 697 ; English 
 
920 
 
 INDEX. 
 
 Pbivatb Bills — conlinued. 
 
 compared with Canadian pro- 
 cedure, 698-700 ; promotion of, 
 ministers should not initiate, 
 701; parliamentary agents, 702; 
 private bill days in Commons, 
 703; fees and charges, 728-731; 
 passed through all stages at one 
 sitting in cases of urgency, 749, 
 778. 
 
 II. Petitions : Rules relative to, 
 704; presented within ten days 
 after commencement of session, 
 705 ; extension of time, lb., 706 ; 
 report of standing orders com- 
 mittee, extending time concurred 
 in, lb. ; proceedings in case of no 
 extension, 707 ; referred to 
 standing orders committees, lb. ; 
 petitions against or in favour 
 of, bills, referred, 708 ; not based 
 on petitions (in the Senate), 773- 
 776 ; in the Commons), 776. 
 
 III. Cummitlee on Standing 
 Orders: Appointed, 708; its 
 duties, lb. ; rules respecting 
 notices for, 709,710 ; informalities 
 in notices, 711 ; notice dispensed 
 with, 711-715, 716-718 ; principles 
 which guide committee with 
 respect to notice, 718, 719 ; com- 
 mittee's report generally accepted 
 by house, 76. ; cases of report 
 being overruled, 719 ; house 
 alone can suspend rules, on com- 
 mittee's recommendation, 720 ; 
 case of committee's power to 
 report lapsing, 721 . 
 
 IV. Firist and Second Readings : 
 Bill introduced after favourable 
 report on petition, 721 ; rule 51 
 respecting notice suspended, 722 ; 
 rates, tolls, fees or fines filled up 
 by committee on bill, 723; letters 
 patent or agreement attached to 
 certain bills, lb. ; model bill for 
 the incorporation of railway com- 
 panies, 723, 724 ; second reading, 
 725 ; rarely opposed in house, 
 lb. ; objections generally made in 
 select committee, lb. ; principles 
 which guide house on second 
 reading, 726 ; referred to certain 
 select standing committees, lb. ; 
 
 Pbivate 'Biu.s— continued. 
 
 register kept of all bills, 727 ; 
 order of reference discharged, lb., 
 728 ; fees and charges payable 
 after second reading, lb., 729, 730. 
 
 V. Committees: Lists hung up 
 in houses, 731, 732 ; no bill con- 
 sidered until after due notice 
 thereof. lb. ; rule sometimes sus- 
 pended, Jb. ; power to examine 
 witnesses under oath, 732 ; ques- 
 tions decided by majority of 
 voices, including chairman who 
 has a casting vote, lb. ; petitions 
 for and against a bill referred, 
 733, 734 ; rules respecting persons 
 affected by proposed legislation, 
 lb. ; proceedings,733-736 ; amend- 
 ments, 736 ; signed by chairman, 
 lb-; preamble not proven, 737, 
 738 ; every bill must be reported, 
 738 ; attention of houses directed 
 to special provisions, 739 ; amend- 
 ments infringing standing orders, 
 739-742 ; private bills for acts of 
 incorporation to incorporate by 
 reference clauses of general acts, 
 743 ; report, 743-745 ; no quorum, 
 744; ordered to meet and pro- 
 ceed with bill, lb. ; time for re- 
 ceiving reports extended, 745 ; no 
 reference to committee of whole 
 in the Senate, 745 ; reference to 
 such committee in the Commons, 
 746 ; no important amendment 
 made at this stage except after 
 one day's notice, 747 ; bills refer- 
 red back to standing committees 
 in case of material amendments, 
 lb. ; when amended by the Sen- 
 ate, 777. 
 
 VI. Third Reading : No amend- 
 ments in Commons except after 
 notice, and then in committee of 
 the w hole, 748 ; may be amended 
 (after notice) in Senate, /6. ; con- 
 sent of the crown given in certain 
 cases, lb. ; passage, lb. ; title 
 amended, 749. 
 
 VII. Divorce Bills : marriage 
 and divorce within jurisdiction 
 of parliament, 750-756; notice of 
 application,757 ; service of notice, 
 758 ; deposit of bill and fees, 759 ; 
 
INDEX. 
 
 921 
 
 PjBiVATB Bills — continued. 
 
 presentation of petition, 760; 
 proof of service by statutory 
 declaration, 761 ; meeting of com- 
 mittee expressly appointed for 
 divorce proceedings, 756, 762; 
 examination of notice, petition, 
 bill and other papers, 762, 763 ; 
 presentation and adoption of 
 committee's first report, 763 ; 
 presentation of bill, lb. ; second 
 reading of bill, 764 ; proceedings 
 before committee after second 
 reading, 765-768 ; report of com- 
 mittee, 768 ; expenses of respon- 
 dent allowed in case of poverty, 
 759, n. ; third reading and com- 
 munication to the Commons,769 ; 
 evidence no longer published in 
 journals, 16. ; fees refunded, lb. ; 
 reference to lords' procedure,770 ; 
 in the Commons, 770-772 ; refer- 
 red after second reading to com- 
 mittee on private bills, 771 ; no 
 longer reserved for her majesty's 
 pleasure thereon, 772 ; list of 
 ■divorce cases previous to 1867, 
 750 ; since union of provinces, 
 752, n., 756, n. 
 
 VIII. Rates and tolls imposed 
 in the Senate, 772. 
 
 IX. Amendments made by either 
 house, 776 ; read second time and 
 agreed to 777 ; disagreed to, etc., 
 lb. ; sometimes referred to select 
 standing committees, 777, 778. 
 
 Trivileged persons, not members, 
 244-245. See Privileges, etc. 
 
 Privileges and powers of parlia- 
 ment; claimed at beginning of 
 new parliament, 233 ; their na- 
 ture, 235-237; members privi- 
 leged in their attendance on par- 
 liament, 237 ; . exempt from ar- 
 rest on civil process, 237, 238 ; 
 need not serve as jurors, or attend 
 as witnesses,238, 239 : breaches of 
 privilege, libels and reflections on 
 proceedings of house, or its mem- 
 ^)ers, 240, 241 ; publication in 
 newspapers of proceedings of 
 select committees, 241; the as- 
 saulting, threatening or challeng- 
 
 Privileges and powers of parlia- 
 ment — continued . 
 
 ing of members, 242 ; disobe- 
 dience to orders of house, 243; 
 attempts to bribe, lb. ; witnesses, 
 counsel and other persons in at- 
 tendance on parliament, privi- 
 leged, 244 ; publication of parlia- 
 mentary papers, lb. ; punishment 
 of a contempt of privilege, 245 ; 
 power of commitment, lb. ; its 
 duration, 247 ; procedure in case 
 of a breach, lb. ; power to sus- 
 pend and expel its members, 249; 
 to summon and examine wit- 
 nesses, 250; witnesses should 
 answer proper questions 251 ; of 
 provincial legislatures, 253 ; deci- 
 sion of the supreme court re Lan- 
 ders V. Wood worth, 253-255 ; pro- 
 vincial acts defining privileges, 
 255, 256 ; questions of privilege, 
 their varied character, 375 et seq.; 
 have precedence over all other 
 questions, 377-379. 
 
 Privileges and elections, committee 
 of; appointed in the Commons, 
 493 ; matters referred (contract- 
 ors in parliament), 173-175 ; (eli- 
 gibility of certain members), 
 163-165, 167; (double return), 
 167-169 ; (Quebec harbour works, 
 etc.). 523, n. ; (questions df law), 
 160, 161, 162, n. 
 
 Privy Council of Canada ; appoint- 
 ed to aid and advise the gover- 
 nor-general, 54 ; origin of name, 
 lb., 790 ; the ministry, 55, 56, 790 ; 
 its members present addresses to 
 his excellency on behalf of either 
 house, 353, 359 ; bring down mes- 
 sages, 359, 360 ; oath of oflBce, 812. 
 
 Privy Council of England, judicial 
 committee of; their decisions on 
 questions of legislative jurisdic- 
 tion. See Chap. I. , sec. 13. 
 
 Proclamation of 1763 ; establishtng 
 government in Canada, 6, 7. 
 
 Proclamations ; calling parliament 
 together for despatch of business, 
 270 ; prorogued by, after close of 
 session, 287 ; for dissolution of 
 parliament, 290. 
 
922 
 
 INDEX. 
 
 Progress reported ; from committee 
 of the whole house, 485 ; from 
 committees of supply or ways 
 and means, 552, 553. 
 
 Property qualification, required for 
 senators, 140; declaration re- 
 specting, lb. ; renewed at begin- 
 ning of a new parliament, Ih. ; 
 not required for members of the 
 Commons, 146. 
 
 Prorogation, 270, 286, 288. 
 
 Protest of senators to a vote, 454 ; 
 may assent to it in whole or in 
 part, 455 ; expunged by order, lb. 
 
 Public accounts, committee of; ap- 
 pointed in the Commons, 493; 
 not in the Senate, 472 ; its im- 
 portance, 798, n. 
 
 Public acts ; local and private acts 
 to be deemed, 697. 
 
 Punishment of misconduct of mem- 
 bers, 639, 640. 
 
 Punishment of a contempt of par- 
 liament, 245. 
 
 Quarrels between members ; 
 speaker interposes to prevent 
 challenges, 438, 439. 
 
 Quebec Act of 1774. See Parliament- 
 ary Institutions in Canada, III. 
 
 Quebec ; provincial constitution of, 
 68, 69. See Parliamentary Institu- 
 tions in Canada, VIII. 
 
 Queen, The ; head of the executive 
 authority, 51 ; represented by the 
 governor-general, lb. ; addresses 
 to, 351 et seq. See Grown. 
 
 Queen v. Eobertson; judicial deci- 
 sion thereon, 102-104. 
 
 Queen's birthday ; houses adjourn 
 over, 292. 
 
 Questions : 
 
 I. Proposed by the chair, 369 ; how 
 determined, lb,; when compli- 
 
 QuESTiONS — continued. 
 
 cated may be divided, 371 ; of 
 privilege 375 et seq. ; amendments 
 thereto, 385 et seq. ; means of 
 postponing or superseding them, 
 by adjournment, 395 ; by pro- 
 ceeding to orders, 396 ; by pre- 
 vious question, 398 ; same ques- 
 tion not to be twice offered in 
 same session, 401 ; evasions of 
 general rule, lb. ; debate there- 
 on, 416 et seq. ; voting thereon, 
 449 et seq. : putting question, new 
 rule, in English Commons. App. 
 L. 
 
 II. Questions or inquiries, put by 
 members ; notice of required, 383; 
 latitude allowed in the Senate, 
 381 ; no entry in Lords' journals of 
 inquiries, 383, n. ; rules limiting 
 their terms in Commons, 383-385 ; 
 place on order paper, 302, 303 ; no 
 argumentative matter allowed, 
 383 ; clerks may amend notice of 
 irregular question, lb. ; should 
 not refer to matter of opinion, lb.; 
 latitude allowed to ministers in 
 reply, 384, 385 ; not allowable 
 when they affect character or 
 conduct of members, 385 ; other 
 limitations to putting them, 384 ; 
 new rule of English Commons 
 with respect to motion for ad- 
 journment of the house during 
 putting of questions, see App. L 
 
 Quorum ; in the old legislature of 
 Canada, 28 ; in the Senate, 298 ; 
 in the Commons, lb.; question 
 superseded, 299 ; of select com- 
 mittees, 502, 503. 
 
 Railways, Canals and Telegraph 
 Lines, committee of; appointed 
 in the Senate, 492 ; in the Com- 
 mons, 493; bills referred, 727; 
 model bill for the incorporation 
 of railway companies, 723, 724 ; 
 App. K. 
 
 Reading room in both houses, 230 ; 
 admission thereto lb.; newspa- 
 pers filed, lb. 
 
 Reasons of disagreement ; commu- 
 nicated to either house, in case 
 of bills, 466. 
 
INDEX. 
 
 923 
 
 Recommendation of the Orovn. See 
 Chap. XVII., sec. 2. Supply. Bills. 
 
 Reflections on the house, or its 
 members, punished as breach of 
 privilege, 240. 
 
 Eelations between the houses ; 
 Messages by clerks, 460 ; atten- 
 dance of members requested, lb. ; 
 of officers or servants, 461 ; con- 
 ferences, 463 et seq. ; reasons of 
 disagreement communicated 466 ; 
 joint committees, lb-; inter- 
 change of documents, 467 ; with 
 respect to tax and money bills, 
 468 et seq. ; bills rejected by Sen- 
 ate, 472-474 ; no tacks to supply 
 bills justifiable, 474 ; initiation of 
 measures in upper chamber, 475 ; 
 efforts in that direction, lb- 
 
 Reply ; allowed in debate to mover 
 of substantive question, 416. 
 
 Reports ; of debates, 227 ; of com- 
 mittees of the whole, 488; of se- 
 lect committees, 512, 615 ; of com- 
 mittees of the whole, on public 
 bills, 622 ; of committees of sup- 
 ply and ways and means, 558 ; of 
 committees on private bills, 743. 
 
 Seporters- See Hansard. 
 
 Representation in House of Commons. 
 See Commons. 
 
 Reprimand; by speaker, 434 ; en- 
 tered on the journals, lb. 
 
 Resignation of members; statutes 
 in relation thereto, 181 et seq. ; 
 case of Mr. McGreevy resigning 
 while his seat was contested, re- 
 port of committee of privileges 
 and elections thereon, 895. 
 
 Resolutions ; proposed in commit- 
 tee, 484, 533-536 ; rescinded, 401 ; 
 reported from committee of the 
 whole, 488 ; in committee of sup- 
 ply or ways and means, 551 et 
 seq.; reported from those com- 
 mittees, 558 et seq.; procedure 
 on second reading and concur- 
 rence, 489, 560; bills ordered 
 upon, 566, 591, 596; duration of 
 
 Resolutions — continued. 
 
 sessional orders or resolutions, 
 264, 265. 
 
 Responsible government in Can- 
 ada; its origin, 29-32 ; its deve- 
 lopment, lb. 
 
 Return book ; of election of mem- 
 bers at opening of a new parlia- 
 ment, 186, 273. 
 
 Revival of a bill or question ; on 
 superseding of order for second 
 reading of a bill, 604, 634 ; for 
 committee of the whole or other 
 stage, 605, 634; in case of no 
 quorum, 634 ; or of committee of 
 supply, 553. 
 
 Riel, Louis ; expelled, 196, 197. 
 
 Robertson.l '3. E. ; returned to 
 the Commons on a "double re- 
 turn," 167; his case referred to 
 committee of privileges, 168 ; de- 
 clared not elected, 169. ?',flii ui— « 
 
 Roman Catholics ; their rights un- 
 der the Quebec act, 11; not 
 obliged to take the test oath, lb. 
 
 Royal Assent to Bills. 
 XVIIL, sec. 25. 
 
 See Chapter 
 
 Rules, orders and usages ; their 
 origin, 258-260 ; in the Senate, 
 259, 260 ; in the Commons, 260 ; 
 revision of, 261, 262 ; necessity for 
 strict adherence to, 262-264 ; only 
 suspended by tmanimous consent 
 or after notice, 263 ; sessional or- 
 ders and resolutions, 264, 265 ; 
 observations upon, 813-816. 
 
 Rules of construction of B. N. A. Act 
 nf 1867. See Parliamentary Insti- 
 tutions in Canada,, IX. 
 
 Rupert's Land ; acquired by the 
 dominion, 47. 
 
 Russell V. the Queen, 105-7. 
 
 Russell election case; referred to 
 committee of privileges and elec- 
 tions as to issue of warrant for 
 election by house or speaker, 161. 
 
■924: 
 
 INDEX. 
 
 Eussell V. the Queen, 104-107. 
 
 Rykert, Mr. ; certain charges 
 against him referred to commit- 
 tee of privileges and elections, 
 200. 
 
 Sadlbir, James ; expelled, 196, a. 
 
 Sale of Spirituous Liquors. See 
 License Acts. 
 
 •Saturday ; house does not gener- 
 ally meet on, 291 ; committees 
 may meet, 507, 508 ; house some- 
 times sits on, at close of session, 
 291. 
 
 Schedules to bills, 583; when con- 
 sidered in committee of the 
 whole, 618. 
 
 ■Seal. See Great Seal. 
 
 Second reading ; of bills, 602 et seq. ; 
 of resolutions, 448, 559, 560. 
 
 Seigniorial Tenure ; established, 
 4, 5 ; abolished, 34. 
 
 Senate; its constitution, 61, 62; 
 present organization, 139 ; quali- 
 fications of senators,140; renewal 
 of declaration of property qualifi- 
 cation, lb. ; addition to nuiiiber, 
 142 ; vacancies, . 142, 143 ; ques- 
 tions of qualifications and 
 vacancies, how determined, lb. ; 
 introduction of new senators,143 ; 
 members must not be interested 
 in certain contracts, 177; attend- 
 ance, 190; indemnity, 191; 
 places, 201 ; speaker, liow ap- 
 pointed, 202 ; his functions, 203 ; 
 ■clerk, 204 ; clerk assistant, lb., 
 205 ; gentleman usher of the black 
 rod, lb. ; serjeant-at-arms, lb. ; 
 chaplain, 206; committee of con- 
 tingencies, //). ; accounts, lb. ; 
 audited, 207 ; minutes of pro- 
 •ceedings, Jb. ; journal, lb. ; read- 
 ing room, 230 ; admission to 
 galleries, 223, 224 ; official reports, 
 227 ; privileges, immunities and 
 powers, 234 et seq;; rules, orders, 
 and usages, 259, 260, 263 ; revision 
 of the same, 261 ; use of the 
 I'rench language, 267 ; proceed- 
 
 Sbnatb — continued. 
 
 ings at opening of parliament, 
 270 el seq. ; after an appointment 
 of new speaker, 271 ; the mace, 
 lb. ; proceedings on the election 
 of Commons' speaker, 278 ; con- 
 sideration of speech, 272, 273; 
 prorogation, 286 ; days and hours 
 of meeting, 291 ; adjournment 
 over holidays, lb. ; long adjourn- 
 ments, 292; decease of members, 
 293 ; adjournment during plea- 
 sure, 297 ; quorum, 298 ; prayers, 
 299 ; order of business; 301 ; 
 urgency given to government 
 measures, 313, n. ; presentation 
 of petitions, 315 ; form of same, 
 318,319 ; money petitions,323 ; re- 
 flections on house, 326; orders 
 and addresses for papers, 330, 
 334 ; papers refused, 337, et seq. ; 
 printing, 343 ; addresses to queen 
 or governor-general, 351, joint 
 addresses, 352-354; of congratu- 
 lation, 354-356 ; on retirement of 
 governor-general, lb.; messages 
 from governor-general, 360 ; re- 
 specting pecuniary aid, 362 ; 
 notices of motion, 366 ; questions 
 of privilege, 375 et seq. ; questions 
 put by members,381-383 ; amend- 
 ments, 385 et seq. ; dilatory 
 motions, adjournment of house 
 or debate, 394 ; previous ques- 
 tion, 398 ; re\?ival of question in 
 same session. 400 etseq. ; deport- 
 ment of senators whilst speaking 
 or in tlieir places, 405 : their pre- 
 cedence in debate, 407 ; rules 
 limiting debate, 416, et seq. ; man- 
 ner of addressing other senators, 
 425 ; rules for the preservation 
 of order, 427 et seq. ; words taken 
 down, 434-437 ; taking a division, 
 446 et seq. ; may enter a protest 
 against action of majority, 454 ; 
 senators having a direct interest 
 in a question do not vote thereon, 
 458, 459 ; messages to house by 
 clerks, 460; requesting attend- 
 ance of a member of either house 
 as a witness, 461, 462 ; leave 
 given to senators or oflioers to 
 attend committees of tlie Com- 
 mons, J6.; conference with the 
 Commons, 463-465 ; joint com- 
 jnittee on library and printing, 
 
INDEX. 
 
 925- 
 
 Senate — continued. 
 
 467-492 ; puts committee of its 
 own in communication with one 
 of the Commons, 467 ; inter- 
 change of documents with other 
 house, lb. ; questions of expendi- 
 ture and taxation, 468 et seq. ; 
 Commons bills rejected, 472-474; 
 rules respecting tacks to money 
 or other bills, 474, 569, 570 ; 
 initiation of measures therein, 
 475; committee of the whole, 477 
 et seq. ; select and sessional com- 
 mittees, 491 et seq. ; on private 
 bills, 700 ; refer private bills to 
 supreme court to consider ques- 
 tions of jurisdiction, 684, 686 ; 
 may impose rates and tolls in 
 private bills, 772 ; its proceedings 
 with respect to divorce bills, 750 
 et seq. See Clerh, Parliament. 
 
 Serjeant-at-arms ; appointed in the 
 Senate by committee of contin- 
 gencies, 205; carries the mace, 
 lb. ; appointed by commission 
 under the great seal for the Com- 
 mons, 222; his duties in the 
 Commons, Jb. ; maintains order 
 in galleries and lobbies, lb. ; takes 
 into custody persons guilty of 
 misconduct, 224; summons per- 
 sons ordered to attend house, 
 250; or may take them into 
 custody on speaker's warrant, 
 251 ; attends the speaker with 
 the mace, 222. 
 
 Session; question, once decided, 
 not again offered in same ses- 
 sion, 401 ; private bills taken up 
 and rapidly proceeded with in a 
 subsequent session, 288, 289. See 
 App. M. for length of each since 
 1867. 
 
 Seesional orders ; their effect, 264, 
 265. 
 
 Severn v. the Queen, 101, 102. 
 
 Shorthand writers ; before commit- 
 tees, how paid, 506. See Hansard. 
 
 Simultaneous polling at a general 
 election, 146. 
 
 Sittings. See Commons, House o'. 
 
 Speaker : 
 
 I. Of the Senate : Names of 
 from 1867-1891, 202; appointed 
 by commission under the great 
 seal, lb. ; his duties, 203, 204, 
 270; proceedings in case of 
 absence, 202, 203, n. ; salary, 191, 
 192 ; new appointment, 202, 271 ;. 
 commands usher of the black rod 
 to proceed to Commons chamber, 
 271 ; informs Commons that 
 causes of summoning parliament 
 will not be announced until 
 a speaker is elected, 275 ; reports- 
 his excellency's speech, 272;^ 
 acknowledges Commons privi- 
 leges on behalf of his excellency, 
 278 ; hia duties at prorogation, 
 286 ; may address the house 203 ; 
 explains points of order when 
 called upon, lb.: Senate adjourns 
 on announcement of death of a 
 former speaker, 293; his duties 
 in absence of quorum, 2y8 ; may 
 present a petition, 317, 818- 
 decisions of speaker as to money- 
 petitions, 323, n. ; signs addresses 
 to the queen or her representa- 
 tive, 353; presents address to 
 governor-general on certain oc- 
 casions,357; votes on questions, 
 203. 
 
 II. Of the House of Commons : 
 Names of, from 1867-1891, 215 ;. 
 reports of judges respecting con- 
 troverted elections made to him 
 by law, 158 ; orders issue of writs- 
 for elections, 180; informs the 
 house of the issue of warrants, 
 lb. ; issues warrant on resignation 
 of members, 181 ; on a member's 
 acceptance of oflSce, or on a. 
 vacancy by death, 182 ; new mem- 
 bers, on introduction, pay tbeir 
 respects to him, 187 ; his salary, 
 191, 192 ; admonishes or repri- 
 mands members, 198, 434; jiro- 
 visions of B. N. A. Act respecting 
 election, 207-210 ; election of new 
 speaker in case of death or resig- 
 nation, 209; provision for his 
 temporary absence from the 
 chair, 210; election of a deputy 
 speaker, 210-212; Serjeant with 
 mace, precedes Mm on his enter- 
 ing or leaving, house, 212; his 
 
926 
 
 INDEX. 
 
 Speaker — continued. 
 
 duties, 213 et seq.; takes no part 
 in debate whilst in the chair, 
 214 ; but may speak in commit- 
 tee of the whole, lb- ; only votes 
 in case of equality of votes, 
 signs votes and proceedings, 216, 
 n. ; his right of appointing certain 
 officers and servants ; his control 
 over the same, 218, n. ; informs 
 house of changes at the table, 
 220 ; may suspend or dismiss 
 employees, 221 ; appoints ac- 
 countant, lb. ; may order with- 
 drawal of strangers, 224 ; acts as 
 chairman of board of commis- 
 sioners of internal economy, 231 ; 
 claims privileges at opening of 
 new parliament, 278 ; is ex- 
 amined in the chair, in cases of 
 inquiry by the house, 250, n. ■ 
 his duty on examination of wit- 
 nesses at the bar, 250, 251 ; is 
 chairman of committee for re- 
 vision of rules,26] ; calls attention 
 to certain quasi standing orders, 
 265 ; reads motions in the two 
 languages when possible, 266 ; 
 elected at commencement of new 
 parliament, 275 et seq. ; proceed- 
 ings after his election, 277; reads 
 prayers, 278 ; proceeds to the 
 Senate chamber, lb. ; his duty on 
 returning, 280; at a prorogation, 
 286 ; leaves the chair at six 
 o'clock p.m. ; resumes at half 
 past seven, 297 ; his duty in 
 absence of a quorum, 298, 299 ; 
 at opening of sitting, 302 ; calls 
 questions, 304 ; orders of the day, 
 305 ; calls for presentation of 
 petitions, 315 ; puts question for 
 their reception, 316 ; cannot 
 present a petition, 317 ; lays cer- 
 tain papers before houses, 213 ; 
 does not put motions for printing, 
 348; reads messages from gov- 
 ernor-general,360 ; communicates 
 replies of eminent persons to 
 thanks of parliament, 365 ; pro- 
 poses a question to the house, 
 369 ; states motions and amend- 
 ments, in their order, 388-390, 405 ; 
 addressed by members, gives 
 precedence to member who first 
 catches his eye, 406; his duty 
 when two or more members arise. 
 
 Spbakee — continued. 
 
 407 ; will not permit written 
 speeches, lb. ; or allow reading of 
 documents reflecting or com- 
 menting on debates, 408 ; keeps 
 members to question under 
 debate, 412; calls members to 
 order for infringing privilege of 
 making personal explanations, 
 419; leaves chair on reception 
 of message from governor-gen- 
 eral, even in midst of a debate, 
 421; will not permit unparlia- 
 mentary language, 427 et seq.; 
 interrupts a member who violates 
 the rules of debate, 431 ; names a 
 member for breach of parliamen- 
 tary decorum, 433, 434 ; repri- 
 mands, lb. ; orders that words be 
 taken down, 434 etseq. ; his course 
 on his attention being called to 
 danger of hostile meeting be- 
 tween members, 438 ; orders 
 members to withdraw, 440 ; in- 
 terferes to prevent personal 
 allusions to judiciary, 442; his 
 increased powers in English Com- 
 mons under new standing orders, 
 443, 444 ; puts question and 
 orders members to be called in 
 for division or a question, 446 et 
 seq. ; votes in case of equality of 
 votes, 453 ; resumes chair to 
 decide question, 483 ; and when- 
 ever necessary, lb. ; presents the 
 supply bill to the governor-gen- 
 eral, 571. 
 
 Speech ; of his excellency the gov- 
 ernor-general at opening of ses- 
 sion, 273, 280 ; at close, 286 ; ad- 
 dress in answer (in the Senate), 
 273 ; (in the Commons), 282. 
 
 Standing orders, committee of ; ap- 
 pointed, 492, 494. See Private 
 Bills, sec. iii. 
 
 Stanley, Lord ; governor-general of 
 Canada, 870. 
 
 St. Catharine's milling and lumber 
 company v. Queen, 118-122. 
 
 Strangers, admission of ; to galleries 
 of houses, 223, 224. 
 
INDEX. 
 
 92? 
 
 Streams Act of Ontario ; disallow- 
 ed, 82, 83. 
 
 Subpoenas ; members need not 
 obey during session, 238. 
 
 Summons of parliament; by the 
 Crown, 269 ; causes of, declared 
 by governor-general, 275, n. 
 
 Sunday ; meetings of English Par- 
 liament on, 296, n. ; Canadian 
 Commons sit on one occasion 
 over Saturday, 297. 
 
 Supersedeas, writ of; issued to stay 
 proceedings in the issue of a writ, 
 
 161, 71. 
 
 Supplementary notes ; on divisions, 
 expulsion and resignation of 
 members, public harbours, elec- 
 tion and franchise acts, amend- 
 ment of Senate address. See 
 App. O. 
 
 Supply and Ways and Mbans. 
 
 I. Orants (■/ public money ; prac- 
 tice relative thereto, 530 ; sec. 54 
 of B. N. A. Act, requiring recom- 
 mendation of governor-general, 
 531, 532; previous committee 
 necessary, 533 et seq. ; abstract 
 resolutionB, 536,537; reference of 
 matters which may involve ex- 
 penditure to select committees, 
 638, 539; mode of signifying 
 recommendation of governor- 
 general, 53(ii, 540 ; different from 
 consent of the Crown, lb., 541. 
 
 II. Committee of Supply ; Esti- 
 mates, 541-545 ; referred, 546 ; 
 procedure on going into, 546 et 
 seq. ; amendments on motion 
 that speaker leave chair, 548- 
 550 ; lapsed order, 550 ; in com- 
 mittee, 551 et seq. ; cannot in- 
 crease grant without recommen- 
 dation of the Crown, 553. 
 
 III. Committee of Ways and 
 Means: Budget speech, 553-555; 
 imposition of duties, 555-558; 
 proceedings therein, lb. 
 
 IV. iffporis: resolutions not re- 
 
 SuppLY AND Ways and Means — 
 continued. 
 
 ported on same day as agreed to 
 in committee, 559 ; reception of, 
 559 et seq. ; amendments and 
 debate, 560, 561; referred back, 
 561 ; grants not increased at this 
 stage, 562, 563 ; nor duties, lb., 
 563 ; every new duty voted in 
 committee, 564 ; effect given im- 
 mediately to resolutions of cus- 
 toms and excise, 565. 
 
 V. Bills: tax bills, 565, 566; 
 appropriation or supply bill, 566- 
 570 ; in the Senate, 570-572 ; royal 
 assent, 572, 573. 
 
 VI. In General : Address to the 
 Crown for an expenditure at 
 close of session, 573, 574 ; pro- 
 cedure in case of public funerals 
 to deceased statesmen, 574, 575 ; 
 cannot be moved by private 
 member, 575 ; votes of credit and 
 on account, 576, 577 ; audit of 
 appropriation accounts, 577 et 
 seq. ; governor-general's warrants, 
 579, n. 
 
 Supreme Court of Canada- See Judi- 
 ciary. 
 
 Supreme or Superior Council ; es- 
 tablished in French Canada, 3. 
 
 Suspension of members ; when ex- 
 ercised, 198, 249 ; see new stand- 
 ing orders of the English Com- 
 mons, App. L. 
 
 Suspension of rules ; in the Senate, 
 263 ; in the Commons, 264. 
 
 Suspension of sitting; in the two 
 houses, 297. 
 
 Sydenham, Lord, governor-general, 
 26, 27, n ; his opinion as to a mu- 
 nicipal system, 32. 
 
 Table of the house ; mace lies on, 
 whilst either house is sitting, 
 271, 277; petitions and papers 
 laid thereon, 314, 330. 
 
 Tach6, Sir Etienne ; premier of old 
 province of Canada, 811, n. 
 
928 
 
 INDEX. 
 
 Tacks to money bills ; resolution 
 of the upper house relative to, 
 474, 475 ; remarks of Mr. Speaker 
 Brand on the subject, 570. 
 
 Tampering with a witness in at- 
 tendance; a breach of privilege, 
 243. 
 
 Tariff. See Supply, Ohap. XVII, 
 sec. 3. 
 
 Tasse, Elie ; dismissed from ser- 
 vice of the house, for breach of 
 privilege, 241. 
 
 Tax bills; originate in committee 
 of the Commons, 533, 545, 556, 
 558, 563, 570; Senate not to 
 amend, 468 et seq., 571. See Sup- 
 ply, Chap. XVII., sees. 8 and 9. 
 
 Taxes on incorporated companies ; 
 judicial decision respecting, 122, 
 123. 
 
 Temperance act of Canada of 1878 ; 
 judicial decisions respecting, 104- 
 107. 
 
 Temporalities fund of the Presby- 
 terian church ; decision of im- 
 perial privy council respecting 
 constitutionality of provincial 
 legislation, 99, 100. 
 
 Thanks of parliament, given to dis- 
 tinguished individuals for signal 
 services, 365 ; letters in reply 
 communicated to the houses, lb. 
 
 Thurlow, attorney -general ; on the 
 rights of French-Canadians in 
 1773, 9, n. 
 
 Titles of bills, amended generally 
 on passage, 628, 749 ; sometimes 
 by committee of the whole, and 
 reported, 618, 621; by select 
 committees on private bills, 742. 
 
 Todd, Alpheus ; his constitutional 
 works, 229, n. ; his opinions on 
 certain questions, 352, n. 
 
 Tolls and charges ; in private bills, 
 710, 728, 772 ; may be imposed by 
 the Senate, 772. 
 
 Trade , hills relating to. See Chapter 
 XVIII on Public Bills, sec. 4. 
 
 Treaty of Paris ; signed, 6. 
 
 Trevor, Sir John; expelled from- 
 parliament, 212, 213. 
 
 Union Act, 1840. See Parliamentary 
 Institutions in Canada, V. 
 
 Unopposed motions ; agreed to 
 without notice, by general assent,. 
 374. 
 
 Usher of the Black Bod ; appointed 
 to the Senate by commission 
 under the great seal, 205 ; his 
 duties, Ih. ; at the opening of 
 parliament, 271, 274, 278; at a 
 prorogation, 286. 
 
 Vacancies in seats ; by death, 182 ; 
 resignation, 181 ; acceptance of 
 office, 166, 182, 184 ; judges re- 
 port in election cases, 158, 159. 
 
 Valin V. Langlois, 94. 
 
 Vancouver Island ; annexed to 
 British Columbia, 75. 
 
 Veto; of lieutenant-governors to 
 bills, 657 et seq. 
 
 Votes and proceedings ; to be 
 printed, first perused by speaker, 
 216, 225 ; their form, 216 ; mo- 
 tions rescinded, 401 ; notices 
 given therein of motions, 368 ; of 
 bills, 589 ; petitions printed there- 
 in, 325. 
 
 Votes of credit, 576. 
 
 Votes on account, 576, 577. 
 
 Voting. See Divisions. 
 
 Wales, Prince of; addresses to, by 
 the legislature of Canada, 363-5 ;■ 
 on his recovery from illness,. 
 354, n. 
 
 Walker Divorce Case, 753, n. 
 
 Warrant for new writ ; issued by 
 the speaker, in case of deaths 
 
INDEX. 
 
 929 
 
 Warrant for new writ — continued . 
 
 182 ; resignation, 181 ; accept- 
 ance of office, 182, 184 ; by clerk, 
 158, n. ; by two members when 
 there is no spealser, 182 ; form of. 
 see App J. 
 
 Warrants, governor-general's; when 
 allowable, 579. n. 
 
 Ways and means, committee of. 
 See Chapter XVII., sec. 8. 
 
 Weldon, Mr.; his opinion on a 
 question of jurisdiction, 683. 
 
 Western Insurance Co. v. Johnston, 
 96. 
 
 White, Mr. Speaker ; his decisions 
 on points of order, 42^ 896. 
 
 White, Mr. Thomas ; minister of 
 interior, house adjourns on his 
 death, 294. 
 
 Wilkes, John; his ease compared 
 with that of Mr. W. Lyon Mac- 
 kenzie, when expelled, 197. 
 
 Wilmot, Mr. Speaker ; held seat in 
 cabinet, 57, n. ; takes part in de- 
 
 Wilmot, Mr. Speakei—Soniinued. 
 
 bat«, 203, n. ; appointed lieu- 
 tenant-governor, 57, n. 
 
 Winnipeg South-Eastern Eailway 
 bill; disallowed, 84. 
 
 Witnesses ; privileged in attend- 
 ance on parhament, 244; tam- 
 pered with, a breach of privilege, 
 243 ; summoned to attend Sen- 
 ate, 250 ; Commons, lb. ; answer 
 questions, 250 et seq. ; sworn at 
 the bar of the Senate, 525, 527 ; 
 before select committees of both 
 houses, 527, 528; before private 
 bill committees, 527 ; expenses 
 how paid, 524, 525- 
 
 Woodworth, Mr. ; supreme court 
 decides he had been improperly 
 removed from houee of assembly 
 of Nova Scoiia for contempt, 253 
 et seq. 
 
 Words ; taken down, 434 et seq. 
 
 Writs for elections. See Elections. 
 
 Yhas and NAys. See Divisions. 
 
 Yorke, attorney-general; on the 
 rights of B>ench-Canadians pre- 
 vious to Quebec act, 9, n. 
 
 69