29 Matching Annotations
  1. Sep 2018
    1. [Page 29]
    2. [Page 41]
    3. 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.
    4. 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.
    1. We may, however, place just confidence in the development of our resources, and repose in the belief that we shall find in our territorial domain, our valuable mines and our fertile lands, additional sources of revenue far beyond the requirements of the public service.

      §.118 of the Constitution Act, 1867

      Referenced in Re: Exported Natural Gas Tax, [1982] 1 SCR 1004, 1982 CanLII 189 (SCC)

    2. [Page 69]
    3. If we require to find an example of the benefits of free commercial intercourse, we need not look beyond the effects that have followed from the working of the Reciprocity Treaty with the United States. In one short year from the time when that treaty came into operation, our trade in the natural productions of the two countries swelled from less than $2,000,000 to upwards of $20,000,000 per annum, and now, when we are threatened with an interruption of that trade—when we have reason to fear that the action of the United States will prove hostile to the continuance of free commercial relations with this country, when we know that the consideration of this question is not grounded on just views of the material advantages resulting to each country but that the irritation connected with political events exercises a predominant influence over the minds of American statesmen, it is the duty of the House to provide, if possible, other outlets for our productions. If we have reason to fear that one door is about to be closed to our trade, it is the duty of the House to endeavour to open another; to provide against a coming evil of the kind feared by timely expansion in [Page 65] another direction; to seek by free trade with our own fellow colonists for a continued and uninterrupted commerce which will not be liable to be disturbed at the capricious will of any foreign country.

      §.121 of the Constitution Act, 1867

      Referenced in R v Comeau, 2016 NBPC 3 (CanLII).

    4. Now, when we were united together, if union were attained, we would form a political nationality with which neither the national origin, nor the religion of any individual, would interfere. It was lamented by some that we had this diversity of races, and hopes were expressed that this distinctive feature would cease. The idea of unity of races was Utopian—it was impossible. Distinctions of this kind would always exist. Dissimilarity, in fact, appeared to be the order of the physical world and of the moral world, as well as in the political world. But with regard to the objection based on this fact, to the effect that a great nation could not be formed because Lower Canada was in great part French and Catholic, and Upper Canada was British and Protestant, and the Lower Provinces were mixed, it was futile and worthless in the extreme. Look, for instance, at the United Kingdom, inhabited as it was by three great races. (Hear, hear.) Had the diversity of race impeded the glory, the progress, the wealth of England? Had they not rather each contributed their share to the greatness of the Empire? Of the glories of the senate, the field, and the ocean, of the successes of trade and commerce, how much was contributed by the combined talents, energy and courage of the three races together? (Cheers.) In our own Federation we should have Catholic and Protestant, English, French, Irish and Scotch, and each by his efforts and his success would increase the prosperity and glory of the new Confederacy. (Hear, hear.) We viewed the diversity of races in British North America in this way: we were of different races, not for the purpose of warring against each other, but in order to compete and emulate for the general welfare.
    1. [Page 88]

      §. 26 of the Constitution Act, 1867

      Referenced in Singh v. Canada (Gen. Div.), 1990 CanLII 6922 (ON SC)

    2. 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.
  2. Aug 2018
    1. We may, however, place just confidence in the development of our resources, and repose in the belief that we shall find in our territorial domain, our valuable mines and our fertile lands, additional sources of revenue far beyond the requirements of the public service.

      §.118 of the Constitution Act, 1867

      Referenced in MacMillan Bloedel Ltd. v. British Columbia, 1985 CanLII 313 (BC SC)

    2. It was of no use whatever that New Brunswick, Nova Scotia and Newfoundland should have their several custom houses against our trade, or that we should have custom houses against the trade of those provinces.

      §.121 of the Constitution Act, 1867

      Referenced in R v Comeau, 2016 NBPC 3 (CanLII).

    1. if we wish to have one system of government, and to establish a commercial union, with unrestricted free trade, between people of the five provinces, belonging, as they do, to the same nation, obeying [Page 28] the same Sovereign, owning the same allegiance, and being, for the most part, of the same blood and lineage : if we wish to be able to afford to each other the means of mutual defence and support against aggression and attack—this can only be obtained by a union of some kind between the scattered and weak boundaries composing the British North American Provinces.

      §.121 of the Constitution Act, 1867

      Referenced in R v Comeau, 2016 NBPC 3 (CanLII).

    2. if we wish to have one system of government, and to establish a commercial union, with unrestricted free trade, between people of the five provinces, belonging, as they do, to the same nation, obeying [Page 28] the same Sovereign, owning the same allegiance, and being, for the most part, of the same blood and lineage : if we wish to be able to afford to each other the means of mutual defence and support against aggression and attack—this can only be obtained by a union of some kind between the scattered and weak boundaries composing the British North American Provinces.

      §.121 of the Constitution Act, 1867

      Referenced in R v Comeau, 2016 NBPC 3 (CanLII).

    3. any proposition which involved the absorption of the individuality of Lower Canada— if I may use the expression—would not be received with favor by her people. We found too, that though their people speak the same language and enjoy the same system of law as the people of Upper Canada, a system founded on the common law of England, there was as great a disinclination on the part of the various Maritime Provinces to lose their individuality, as separate political organizations,
    4. sober second-thought

      §. 29 of the Constitution Act, 1867

      Referenced in Reference re Senate Reform, [2014] 1 SCR 704, 2014 SCC 32 (CanLII)

    5. [Page 38]

      §. 26 of the Constitution Act, 1867

      Referenced in Singh v. Canada (Gen. Div.), 1990 CanLII 6922 (ON SC)

    6. [Page 35]

      §. 26 of the Constitution Act, 1867

      Referenced in Singh v. Canada (Gen. Div.), 1990 CanLII 6922 (ON SC)

    1. I desire to say that I agree with my hon. friend that as it stands just now the majority governs; but in order to cure this, it was agreed at the Conference to embody the provision in the Imperial Act. (Hear, hear.) This was proposed by the Canadian Government, for fear an accident might arise subsequently, and it was assented to by the deputation from each province that the use of the French language should form one of the principles on upon which the Confederation should be established, and that its use, as at present, should be guaranteed by the Imperial Act
    2. I will add to what has been stated by the. Hon. Attorney General for Upper Canada, in reply to the hon. member for the county of Quebec and the hon. member for Hochelaga, that it was also necessary to protect the English minorities in Lower Canada with respect to the use of their language, because in the Local Parliament of Lower Canada the majority will be composed of French – Canadians. The members of the Conference were desirous that it should not be in the power of that majority to decree the abolition of the use of the English language in the Local Legislature of Lower Canada, any more than it will be in the power of the Federal Legislature to do so with respect to the French language. I will also add that the use of both languages will be secured in the Imperial Act to be based on these resolutions.