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a class of men who would not represent the province for which they are appointed, and who could give no pledge that they would maintain its institutions.
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he will see that the first nominations are to be made by the existing governments. Thus the Government of Canada, that of New Brunswick and that of Nova Scotia will appoint legislative councillors, but afterwards the Federal Government will make the appointments. The honorable member for Quebec can, with reason, draw the conclusion that there is no guarantee that the views of the provinces will be respected. I for my part have investigated the matter, more in connection with the power that will be vested in the legislative councillors. I asserted that by appointing them for life and limiting their number, an absolute authority would be created, which would be quite beyond the control of the people and even of the Executive; that the power of this body will be so great, that they will always be in a position to prevent every reform if they thought proper, and that a collision between the two branches would be inevitable and irremediable. The danger arising from the creating of such a power is exactly that of being obliged to destroy it if they resist too obstinately the popular demands. In England there is no necessity for breaking down the obstructions sometimes presented by the House of Lords, because the Crown having it in its power to appoint new peers, can overcome the difficulty. Here there will be no means of doing it, when the number of councillors is fixed. Accordingly, I have looked at the question through the medium of the powers assigned to the councillors, whereas the honorable member for the county of Quebec fears lest the Government should make choice of men who would not represent public opinion in the provinces; that they might appoint members all of French origin or all of English origin to represent Lower Canada, or take them all from among
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In our Constitution it is the duty of the Legislative Council to exercise the conservative influence, and to modify the legislation too energetic and too full of outside effervescence, which is sent for their consideration from the House of Commons. But when public opinion gains vigor from the obstacles which it encounters, and the reforms demanded are rational and come before them in due course, there is no danger that the legislation which embodies them will be obstructed in its progress; for the people will rise in their majesty and in their sense of justice, as did the people of England in 1832, and the obstacles they might meet with on their way would be swept away as by a torrent. (Hear, hear.) HON. MR. DORION—That is exactly where the danger lies. HON. MR. CAUCHON—That is the danger which assailed the House of Lords in 1832, but no one would venture to confront to the last extremity a danger such as this. But the honorable member for Quebec tells us, if I understand him rightly, that we have not sufficient guarantees for Lower Canada in the appointment of the legislative councillors. The selection of legislative councillors has no bearing whatever on the question we are now considering, viz., whether the appointment by the Crown is or is not preferable to the elective principle. But in answer to him I will say, that the scheme before us seems to be quite clear. According to this plan the candidates for the Legislative Council will be recommended by the local governments and appointed by the General Government, and it is by this very division of powers that the selections are sure to be good, and made in conformity with the desire and sentiments of the provinces. HON. MR. DORION—Only the first nominations are to be made in this manner, not those which may be made afterwards. HON. MR. CAUCHON—The first nominations will be made by the present Governments, and the federal councillors will be taken from the present legislative councillors to the number prescribed, 24, provided so many can be found who will accept the post, and who possess the requisite property qualification. The Conference has engaged, by the terms of the scheme, to respect the rights of the Opposition, and any government who should fail to carry out so solemn an engagement would well deserve to lose the public confidence. (Hear, hear.) I repeat that the mode of appointing the councillors in no wise affects the conservative principle of nomination on which the constitution of the Legislative Council ought to be based.
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In order to protect local interests, and to prevent sectional jealousies, it was found requisite that the three great divisions into which British North America is separated, should be represented in the Upper House on the principle of equality. There are three great sections, having different interests, in this proposed Confederation.
§§. 21-36 & § 91(1) of the Constitution Act, 1867
Referenced in Re: Authority of Parliament in relation to the Upper House, [1980] 1 SCR 54, 1979 CanLII 169 (SCC)
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To the Upper House is to be confided the protection of sectional interests ; therefore is it that the three great divisions are there equally represented, for the purpose of defending such interests against the combinations of majorities in the Assembly.
§§. 21-36 & § 91(1) of the Constitution Act, 1867
Referenced in Re: Authority of Parliament in relation to the Upper House, [1980] 1 SCR 54, 1979 CanLII 169 (SCC)
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- Section 31 of the Constitution Act 1867
- Section 91(1) of the Constitution Act 1867
- Section 22 of the Constitution Act 1867
- Section 33 of the Constitution Act 1867
- Section 27 of the Constitution Act 1867
- Section 32 of the Constitution Act 1867
- Section 23 of the Constitution Act 1867
- Section 30 of the Constitution Act 1867
- Section 35 of the Constitution Act 1867
- Section 36 of the Constitution Act 1867
- Section 29 of the Constitution Act 1867
- Section 28 of the Constitution Act 1867
- Section 34 of the Constitution Act 1867
- Section 24 of the Constitution Act 1867
- Section 25 of the Constitution Act 1867
- Section 21 of the Constitution Act 1867
- Section 26 of the Constitution Act 1867
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But the very essence of our compact is that the union shall be federal and not legislative. Our Lower Canada friends have agreed to give us representation by population in the Lower House, on the express condition that they shall have equality in the Upper House. On no other condition could we have advanced a step ; and, for my part, I am quite willing they should have it. In maintaining the existing sectional boundaries and handing over the control of local matters to local bodies, we recognize, to a certain extent, a diversity of interests ; and it was quite natural that the protection for those interests, by equality in the Upper Chamber, should be demanded by the less numerous provinces.
§§. 21-36 & § 91(1) of the Constitution Act, 1867
Referenced in Re: Authority of Parliament in relation to the Upper House, [1980] 1 SCR 54, 1979 CanLII 169 (SCC)
Tags
- Section 31 of the Constitution Act 1867
- Section 91(1) of the Constitution Act 1867
- Section 22 of the Constitution Act 1867
- Section 33 of the Constitution Act 1867
- Section 27 of the Constitution Act 1867
- Section 32 of the Constitution Act 1867
- Section 23 of the Constitution Act 1867
- Section 30 of the Constitution Act 1867
- Section 35 of the Constitution Act 1867
- Section 36 of the Constitution Act 1867
- Section 29 of the Constitution Act 1867
- Section 28 of the Constitution Act 1867
- Section 34 of the Constitution Act 1867
- Section 24 of the Constitution Act 1867
- Section 25 of the Constitution Act 1867
- Section 21 of the Constitution Act 1867
- Section 26 of the Constitution Act 1867
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HON. MR. VIDAL—I am not speaking of the mode of selection. (Hear, hear.)— Twenty-one members of this Legislative Council are to be told that they are no longer wanted. Are they to be those called by Her Majesty in former times to sit here, or those representing the people? It seems to me only fair that those who hold appointments from the Crown for life are entitled to retain their seats, to go first into the new House, and the rejection will then be of the elected members. It will involve nearly half of these, and it is quite obvious that it places all honorable members of this Chamber in a very anomalous position to be called upon to vote on such a question as this.
§.25 of the Constitution Act, 1867.
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HON. MR. VIDAL—In compelling the first selection of legislative councillors from the members of the Chamber, the Conference have put a restraint on the prerogative of the Crown which they had no right to impose. I am unwilling for a moment to suppose that any low or unworthy motive actuated the Canadian delegate?, who alone are responsible for this detail, or that they did this in hopes of securing the votes of any members of this House in favor of their scheme, which they could not otherwise have been sure of; still that part of the scheme has an awkward appearance, and some honorable members may feel with the member from Wellington (Hon. Mr. SANBORN), that if it be not a bribe, it looks something very like it. I, however, do not see it in that light.
§.25 of the Constitution Act, 1867.
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A simple question was put to the Hon. Commissioner of Crown Lands as to the manner in which the members of the Legislative Councils of the various provinces were to be appointed. The Hon. Commissioner informed us that the appointments were to be made by the local governments, and he was confirmed in that view by the hon. and gallant Premier, who had the dignity conferred upon him of presiding over the Conference of delegates held in this city. HON. MR. CAMPBELL—I do not think that my hon. colleague said anything on the subject.
§.25 of the Constitution Act, 1867.
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to be believed that, as promised in the document we are considering, such a Government as we have ” will take care of the Opposition, or consider their right to be represented in the Council?” (Hear, and laughter.) Sir, I thank the delegates for their kind solicitude for the Opposition, but I do not believe they will do anything of the kind. Have we not heard the Honorable Attorney General West, a few nights ago, state, turning to his followers, ” If I were to advise the nomination, I should advise the selection of the best men I could find—and of course of my own party ?” (Hear.) So it will be, sir ; and, if this precious scheme is carried, we shall have a Legislative Council divided in the following proportion :—For Upper Canada, we should probably have liberals in the proportion of three to nine ; for I suppose the honorable member for South Oxford has made sacrifices enough to deserve at least that consideration, and, as his friends compose one-fourth of the Executive Council, I dare say we should get one fourth of the Upper Canada Legislative Councillors liberal too. HON. ATTY. GEN. MACDONALD—Hear, hear HON. MR. HOLTON—Just 25 per cent. HON. MR. DORION—Just 25 per cent, of liberals for Upper Canada. Then, in addition, we should get from Nova Scotia ten conservative, from Prince Edward Island four more, and four from Newfoundland. Thus we shall have eighteen conservatives from the Lower Provinces, which, added to thirty-six from Canada, would make fifty-four conservatives against twenty-two liberals, taking the ten New Brunswick councillors to be all liberals. Now, supposing three per cent, as the average number of deaths per annum—the average proportion of change— it would take nearly thirty years to bring about a change in the character of a majority of the Council, even supposing all the additions made to it to be from the liberal ranks. But, sir, that will hardly be the case. In some of the Lower Provinces there will be Conservative governments now and then, and there may occasionally be conservative governments in Canada. (Hear, and laughter.) So this generation will certainly pass away before the views of the Liberal party will ever find expression in the decisions of the Upper House.
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Were we not expressly told that it was the Lower Provinces who would not hear of our having an elective Legislative Council ? If, instead of going into Conference with the people of the Lower Provinces, our Government had done what they pledged themselves to do, that is, to prepare a Constitution themselves, they would never have dared to bring in such a proposition as this which is now imposed upon us by the Lower Colonies —to have a Legislative Council, with a fixed number of members, nominated by four Tory governments. Why, taking the average time each councillor will be in the Council to be fifteen to twenty years, it will take a century before its complexion can be changed. For all time to come, so far as this generation and the next are concerned, you will find the Legislative Council controlled by the influence of the present Government. And is it
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to serve ; such members shall he appointed by the Crown at the recommendation of the General Executive Government, upon the nomination of the several local governments, and in such nomination due regard shall be had to the claims of the members of the Legislative Council of the Opposition in each province, so that all political parties may, as nearly as possible, be fairly represented. This shows you the spirit in which these resolutions were framed. Certainly the gentlemen who composed the Conference were, like ourselves, liable to err, but there is no doubt in my mind that they acted conscientiously from beginning to end. Well, honorable gentlemen, after the burning of the Parliament House in Montreal, the greatest possible excitement was created all over the province. Those who were most displeased at the passing of the Rebellion Losses Bill, condemned in the most violent terms the swamping, as they called it, of the Legislative Council, though after all it was nothing to be condemned, seeing that it simply, to some extent, re-established the equilibrium. But it was called, in the furor of the moment, the disgraceful swamping of the Legislative Council, and there was great agitation all over the country. Well, by means of the press constantly hammering away upon what had been done by the Government, and representing those who had been appointed as mere machines and tools of the Executive, although they were really among the most respectable and intelligent in Canada—but party passion does not reason— the people were led to believe that the Legislative Council had been disgraced by the appointment of these twelve additional members. But during the time that the conservatives were, on the one hand, thus battering down the Legislative Council, what had we on the other hand ? We had the old Reform party in Lower Canada beginning to recall their old hatred to the Legislative Council. Although there was no reason to complain after the introduction of responsible government, yet people followed not their reason but their prejudice. So that the Legislative Council received a cross-fire from both sides. I t was being battered down by public opinion on either hand, and what could it do ? Nothing, but come down lower and lower in public estimation. Although the consciences of the members reproached them nothing—although they could walk the streets with their heads erect, yet the Legislative Council had been so much reduced in public opinion, that those gentlemen were really, I will not say ashamed, but reluctant to attend in their places. But, besides, they came not to receive remuneration or salary. From the time they were appointed in 1841, they sacrificed their time and their money, and gave their services gratuitously to the public ; and they were met, as I have already stated, by this universal deluge of abuse which was levelled against them. (Hear, hear.) There was therefore no great encouragement for them to attend in their places in the Legislative Council. But what have we seen since? Session after session, day after day, week after week, we saw the Speaker come into the Council with great pomp, as the Speaker always does come into the Council—(hear, hear, and a laugh)—preceded by the mace ; and after the Speaker had made his usual dutiful bow to the Throne, he would take his seat and remain quietly in the chair for the space of one hour. At the end of the hour, he would consult his watch, and saying there was no quorum present— although surely the quorum was a very small one, being ten members only—he would declare the House adjourned until the following day.
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Well, honorable gentlemen, to understand how we stood in 1856 it is necessary we should take the history of the Legislative Council a little further back—from the time of its formation immediately after the union. We had not responsible government at the time of the union, but then it was that the whole system was put in practice. The first batch of councillors were appointed in 1841, and were 25 in number ; but two of them never attended. Out of these 25 there were 18 conservatives and five reformers. In 1842 seven new councillors were added, five conservatives and two reformers. In 1843 the Government changed, and the change made a little difference in the political bearing of the appointments, so that in 1843, there were appointed one conservative and five reformers. In 1844- 45 there were two appointments—two reformers. In 1846 there was one conservative. In 1847 there were four conservatives. Therefore, in 1848, when the Liberal Government came into power—the LAFONTAINE-BALDWIN Administration—the fact was that their partisans in the Legislative Council were fifteen less than the opposite party. (Hear, hear.) What were the Reform Government to do ? They were forced to appoint a large batch this time. They appointed no less than twelve gentlemen. But still it left a majority to the conservative party of three. And if the conservatives had been true to themselves —and I wish to God they had been, and I will tell you, by and by, why — they could have prevented a good deal of trouble and a good deal of agitation in the country. Supposing that what is called the Rebellion Losses Bill had not been passed in 1849, would the country have suffered a great deal .from it? But if the conservatives had been true to themselves they would have stopped the bill. It would have been discussed in all the public prints. The Montrealers would not have been entirely reconciled to the measure, but they would have waived their opinions as dutiful subjects of the Queen, and we should not have witnessed the scandal we had in Montreal—the burning of the Parliamentary buildings and the Representative of the Queen pelted with stones and almost murdered, followed by the annexation movement. But I say if the conservatives had resisted and just postponed the bill for another year, all this trouble might have been avoided. Now, honorable gentlemen, what was the spirit which actuated the appointments to the Council from 1841 to 1848 ? It was a spirit of partisanship, and where there is partisanship there can be no justice. (Hear, hear.) Where there is partisanship there can be no stability — you can depend upon nothing. (Hear, hear.) It is only when justice is rendered to all parties that you can reckon upon stable and permanent governmental institutions. (Hear, hear.) To show the difference between the spirit which actuated these nominations, from 1841 to 1847, and the spirit which exists now, it is only necessary to refer to the resolutions of the Conference. The fourteenth resolution says : The first selection of the members of the Legislative Council shall be made, except as regards Prince Edward Island, from the Legislative Councils of the various provinces, so far as a sufficient number be found qualified and willing
§.25 of the Constitution Act, 1867.
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But, honorable gentlemen, I think that when I shall have explained the circumstances which then forced the Government to bring forward the measure to render this House elective, you will agree with me that it was not on account of any fancy or predilection on their part that the elective system was proposed, but that it was necessitated by the circumstances in which the country found itself placed. It is from no levity in the minds of the members of the Government, or in my own mind ; nor is there any inconsistency in what I then did and in what I am now doing. But we will have something more on that point in the course of a few moments.
§.25 of the Constitution Act, 1867.
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Many of us have been appointed for life in this House, and some of us were so appointed many years back. Here, for instance, is my honorable friend on the left (Hon. Mr. HAMILTON) who has been a member of the House some twenty-four years—who was among the first appointed by Lord SYDENHAM; and I see on the other side, honorable gentlemen also far advanced in years—men who, in the ordinary course of life, cannot expect to be very long with us. Will the honorable gentleman propose to give to the provinces below the right to appoint old gentlemen ? Not a bit of it. They would send here young men—men who are in the prime of life—and when we shall have gone to our last home, these young men from below will be found sitting in your places and in my place. Where, then, would be the equilibrium ? The equilibrium would be lost, and lost for ever. (Hear, hear.) And the honorable gentleman thinks that his amendment would be a great improvement to the scheme of the Conference. Well, for my part, honorable gentlemen, I believe it is a great failure in the way of improving the scheme of the Confederation— a very great failure indeed.
§.25 of the Constitution Act, 1867.
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HON. SIR E. P. TACHÉ—The elective members are a fact accomplished. On the elective principle it is proposed to give a third of the members of the Legislative Council of the Federal Government to the Maritime Provinces. But there are twenty-one life members of this House, and you want to give the Maritime Provinces an equivalent for them.
§.25 of the Constitution Act, 1867.
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the proposed Federal Parliament is not in fact an abandonment of the elective principle, because the appointments are to be by the Ministry of the day, who must have the confidence of the people. That is certainly a most extraordinary argument. If it held good at all, it should apply equally to both Houses, and the Legislative Assembly should be appointed by the Ministry, because the Ministry have been selected by those who have been elected by the people. This is the clear, logical deduction from my hon. friend’s argument, if it is good for anything —because, if appointment by the Ministry is not an abandonment of the elective principle, you would still have an elective Legislative Assembly, although its members were appointed by the Government (Hear, hear.) But this was also well answered on a former occasion by my hon. friend behind me (Hon. Mr. AIKINS.) It is not simply the first appointment that we oppose. I t is the appointments afterwards, as the first members die out or resign, and their successors are appointed on the nomination of the future local governments. Instead of this producing a favorable result, it appears to me it will have just the opposite effect. The reason is plain. If, in the very first instance, the prerogative is exercised, not by the Sovereign or the Sovereign’s representative, unbiased, but is exercised by a party government, you have a House constituted at its very first meeting of a party character. In the other branch that particular Government has a majority. But it is possible, that that party may not long retain power. In the nature of things it is not probable that they will. No party does. But the Upper House remains permanent, and you provide by your very first operation for that dead-lock—that conflict between the Upper and the Lower House, which has been spoken of.
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solutions were devised because they were better calculated in this shape to be palatable, if not to this Chamber, at least to other houses of the legislatures of British North America.
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had the right of making selections from all over the country. If that had been proposed, I think many honorable gentlemen would have found fault with it. (Hear, hear.) It was due to courtesy that the members of this House should not be overlooked, and not only that, but there were acquired rights which had to be respected. My honorable friend appears to dissent from this statement. Well, the last choice of the people are now in this House, and by the fact of their election they have acquired a right to a seat ; and I think those gentlemen who have been appointed for life have gained rights which should not be overlooked. (Hear, hear.) HON. MR. CURRIE—The honorable and gallant gentleman says we have an acquired right. I admit we have a right to sit here during the term for which we have been elected ; but what right have we to seat ourselves here for the remainder of our lives ? The people did not send us here to make this change in the composition of this House. (Hear, hear.) And what right even have the appointed members of this House to seats here during their lifetime? I have a despatch here, written by the late Duke of NEWCASTLE, who will be considered pretty good authority upon the point, to the Lieutenant-Governor of Prince Edward Island, on this very question. I need not read the words of the despatch, but the sense of it is, that legislative councillors have no right of property in their position, but simply a naked trust which the Legislature may at any time call upon them to surrender to other hands, if, in their opinion, the public interest shall require such transfer. HON. SIR E. P. TACHÉ—That is merely a matter of opinion. That may for a time have been the view of the Imperial authorities, but previous to 1856 they held and said directly the contrary. (Hear, hear.) They then said that they had granted certain privileges to certain gentlemen for life, and that they would not commit the injustice of withdrawing those privileges when the gentlemen had done nothing to forfeit them. (Hear, hear.) HON. MR. CURRIE—I am surprised at the honorable and gallant Premier questioning the ability of the distinguished gentleman who wrote the despatch to which I have just referred. Whatever may have been the opinion of the Colonial Office in 1856, this is a later opinion, for the despatch is dated the 4th of February, 1862, The honorable and gallant gentleman says they do not propose to take from any honorable gentleman the rights he now enjoys. I could understand this argument if they did not propose to take away the rights of any honorable member of this House ; but I cannot understand it when you propose to drive from this House faithful subjects who have served their country honestly in the Legislature, and I am afraid we have not yet had from the gallant Premier that explanation to which the House is entitled. (Hear, hear.) Why is it that the legislative councillors from Prince Edward Island are excepted ? In that province, as we know, the Legislative Council is elective, and it is an elected Chamber that is now in existence there, but the members of it are excepted from the provisions that apply to the legislative councils of the other provinces. Why is this ? I think there must be some reason, in the first place, for breaking the good rule that in no way shall the prerogative of the Crown be restricted ; and, in the second, for making an exception in regard to one that does not apply to the others. I think a reason may be found for this in the fact, that it was doubted whether the resolutions in a different shape would have passed through some of the chambers that compose the legislatures of the different provinces. (Hear, hear.) I would like to know what justice will be done if this change is carried out ? What, for instance, will be done with regard to two honorable members who come from the city of Hamilton ? One of them (the Hon. Mr. MILLS) is an appointed member ; the other (the Hon. Mr. BULL) was the almost unanimous choice of the people only a few months since. Under the working of the resolutions, one of these honorable gentlemen will forfeit his seat. HON. MR. ROSS—Why ? (Hear, hear.) HON. MR. CURRIE—If it does not follow that one of these honorable gentlemen will lose his seat, it must follow that some other portion of Upper Canada will be unrepresented in this House. (Hear, hear.) Let honorable gentlemen take either horn of the dilemma they please. It may be quite true that the gentlemen who have been sent here possess the confidence of their constituents, but it does not follow that they will be retained in their seats. It is plain that a great injustice will be done these honorable gentlemen, some of whom have served their country faithfully, without, in any way trenching upon the rights of the Crown or infringing on those of the people; and I think the conclusion this House and the country, as well as the other branch of the Legislature, will arrive at, is that those re-
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I feel that there is something extraordinary in the fourteenth of these resolutions before the House, and I would like to hear the Government give a full explanation as to the manner in which that resolution was arrived at in the Conference. Bear in mind, honorable gentlemen, that the eleventh resolution declares that ” the members of the Legislative Council shall be appointed by the Crown under the great seal of the General Government, and shall hold office during life.” Thus the House will see that by this resolution the Crown has the right for all future time to select the legislative councillors in Upper Canada from any part of the country which the Crown sees fit; but in Lower Canada there is this difference that, according to the sixteenth resolution, ” each of the legislative councillors representing Lower Canada in the Legislative Council of the General Legislature, shall be appointed to represent one of the twenty-four electoral divisions mentioned in schedule A, of chapter 1st of the Consolidated Statutes of Canada, and such councillor shall reside or possess his qualification in the division he is appointed to represent.” Then the fourteenth resolution declares that ” the first selection of the members of the Legislative Council shall be made, except as regards Prince Edward Island, from the legislative councils of the various provinces, so far as a sufficient number be found qualified and willing to serve.” Now, honorable gentlemen, I have always understood— my reading of books on constitutional law has given me to understand—that the greatest of England’s statesmen who have spoken on the question of the Royal prerogative, have always broadly laid it down as a rule that the prerogative should never and could never be limited. How is it then that these thirty-three individuals, talented, able and gifted, as no doubt they were, who met in the room behind me and sat with closed doors, saw fit to hamper and cripple the operation of that good rule ? (Hear, hear.) Should the prerogative of the Crown in the selection of members of this House be limited ? It may be true that, residing in many of the divisions in Lower Canada represented in this House, there may be good men, competent men, well qualified men; but it is equally true that there may be just as good, able and talented men, outside of them as in it. Why, then, should the doors of this House be closed against these men ? Why is it, I would like to know, that the prerogative of the Crown is to be restricted so as to prevent the choice of these men ? HON. SIR E. P. TACHÉ—I can give explanations to the honorable gentleman. He must be aware that Lower Canada is in a different position from Upper Canada, and that there are two nationalities in it occupying certain portions of the country. Well, these divisions have been made so as to secure to both nationalities their respective rights, and these, in our opinion, are good reasons for the provision that has been made. HON. MR. CURRIE—I do not think my honorable and gallant friend sees the point of my remarks. I would ask why in the first selection the choice of the Crown is restricted to the members of this Chamber, when probably others out of it could be found whose presence here would be of more advantage to the public ? HON. SIR E. P. TACHÉ—I do not know what advantage would be derived if the Crown
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Legislative Council of the Federal Parliament, the appointed members to remain for life, and the elective members for eight years from the date of their election, unless removed by death or other cause ; their successors to be elected by the same divisions and electors as have elected them.
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This is the resolution which he proposes in amendment: Upper Canada to be represented in the Legislative Council by twenty-four elective members, and Lower Canada by twenty-four elective members, and the Maritime Provinces by twenty-four members, corresponding with the twenty-four elective members in each section of Canada, of which Nova Scotia shall have ten, New Brunswick ten, and Prince Edward Island shall have four, and the present members of the Legislative Council of Canada, as well life members as elective members, shall be members of the first
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The elective principle had been applied to the Legislative Council of Prince Edward Island, and he would ask, how, under the 14th resolution of the Confederation, that body was to be dealt with ? He would read that part of the resolution to which he referred — ” The first selection of the members of the Legislative Council to be made from the Legislative Councils of the various provinces, except as regards Prince Edward Island,” &c. What did this mean ? Were the members from Prince Edward Island still to be elected ? HON. MR. CAMPBELL—No; they were to be appointed. The resolution was so worded as not to limit the selection in Prince Edward Island to the Legislative Council now in existence there. HON. MR. SANBORN—Was it because the elective principle had worked so badly in Canada that this change is proposed ? HON. MR. CAMPBELL—No; and therefore in Canada the selection was to be made from the House itself. HON. MR. SANBORN—It appeared then, that Prince Edward Island, dissatisfied with the elective principle, had dictated terms, and Canada had yielded to the dictation. HON. MR. CAMPBELL—The Conference had yielded to Prince Edward Island only in respect of its own members. They were so dissatisfied with their Legislative Council that, with reference to themselves, a choice from the people at large was permitted, but this had no reference whatever to Canada. HON. MR. SANBORN — Suppose the elective members should be swept off, what became of the people’s right of representation by men of their own choice? HON. MR. CAMPBELL—No such thing was intended.
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HON. MR. CAMPBELL said that yesterday he had promised to give to the House today an explanation of the provision contained in the 14th resolution relating to the selection of members for the Legislative Council of the General Legislature. This resolution read as follows: 14. The first selection of the Members of the Legislative Council shall be made, except as regards Prince Edward Island, from the Legislative Councils of the various Provinces, so far as a sufficient number be found qualified and willing to serve; such members shall be appointed by the Crown at the recommendation of the General Executive Government, upon the nomination of the respective Local Governments, and in such nomination due regard shall be had to the claims of the Members of the Legislative Council of the Opposition in each Province, so that all political parties may as nearly as possible be fairly represented. And under it the first recommendation for the appointment of Legislative Councillors from Canada would, should the Confederation scheme be adopted, come from the existing Government of this province. In making such recommendations, the spirit of the resolution would be carefully observed, and both sides in this House and as well life as elected members, be equally considered and fairly represented in the new Parliament. HON. MR. FLINT begged to inquire whether the resolutions before the House were in all respects the same as those sent to the members. HON. MR. CAMPBELL said they were not in one particular precisely as first printed, there being a clause in those before the House to allow New Brunswick to impose a duty on timber and logs, and Nova Scotia on coal, which was not found in the first ; as for the other provinces, the imposition of such duties was reserved to the General Legislature. (Hear, hear, from Mr. CURRIE.) HON. MR. CAMPBELL said he hoped that honourable members would rather aid in furthering the scheme than take pleasure in detecting the supposed causes of opposition. (Hear.) HON. MR. CURRIE asked whether the difference between the two sets of resolutions was merely a misprint. HON. MR. CAMPBELL could not say whether it was owing to a misprint or to an error in the manuscript. HON. MR. CURRIE again asked whether the members of the Conference had not signed the instrument containing its resolutions HON. MR. CAMPBELL could only say that the resolutions now before the House truly and expressly represented the conclusions the Conference had arrived at. (Hear, hear.) Those conclusions had not been changed.
§.25 of the Constitution Act, 1867.
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- Mar 2018
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and in framing a union of these Provinces it was desirable that whatever might be the inducement that brought foreigners hither, whether a desire to embark in the Fisheries of Newfoundland, in the Lumbering of New Brunswick, or in the agricultural and manufacturing industries of Upper or Lower Canada, we should hold out to them the utmost facilities for becoming subjects of the British Crown here.
§.91(25) of the Constitution Act, 1867.
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The protection of the Indians, and the naturalization of aliens were matters which necessarily fell to the general Government.
§§.91(24)(25) of the Constitution Act, 1867.
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tion they might be inclined to appoint their own political friends to the exclusion of the others. But it was intended that the nomination should be so made that not only the members composing the Government but also the Opposition to the Government should be fairly represented in the Legislative Council. So far as Canada was concerned, there was no likelihood of difficulty arising on this point, because the coalition which was formed between the Liberal and Conservative parties would preclude any attempt calculated to injure the interests of either. (Hear, hear, and cheers.) In the case of the Lower Provinces the same reasons did not exist. Their governments were still party governments, and though they had associated with them, in the Conference which had taken place, the leaders of the Opposition, still the action to be taken would necessarily be the action of the governments of the Lower Provinces. It was therefore proposed that there should be a guarantee given that all political parties should be as nearly as possible fully represented.
§.25 of the Constitution Act, 1867.
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Consequently there was a greater certainty that fairness would be meted out to both parties, if the representatives in the Upper House were to be chosen from the electoral limits which now existed. It was intended that the first selection of Legislative Councillors should be made from the present Legislative Councils of the several Provinces, and without referring to the reasons which actuated gentlemen from the Lower Provinces in regard to this matter, he thought it might be sufficient to point out that in Canada, where we had forty-eight gentlemen sitting in the Upper House by the right of election, it would have been doing a wrong, not merely to them individually, but to their constituents too, if they had from any cause been attempted to be overlooked. It was quite evident even if no such clause had been inserted, that no attempt would have been made to pass over those gentlemen who had been selected by the people themselves as the most fit and proper persons to represent them in the Legislative Council. However, the arrangement was that they should be chosen, regard being held in that selection to the relative position of political parties. If the power of nomination were entrusted to the Government without restric-
§.25 of the Constitution Act, 1867.
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