England, Canada and the Great WarDesjardins, L. G. (Louis Georges)
History
England, Canada and the Great War
Desjardins, L. G. (Louis Georges)
Great Britain -- Colonies -- Canada; Imperialism; World War, 1914-1918; World War, 1914-1918 -- Canada
"_With us the Sovereign, or, in this country the representative of the
Sovereign, can act only on the advice of His Ministers, those Ministers
being responsible to the people through Parliament._"
Mr. Bourassa used the foregoing sentence in support of his contention
that the King of England could not declare war without the assent of the
Canadian Cabinet. It is impossible to understand how such a notion can
be seriously held and expressed. His Majesty cannot ask nor accept such
an advice, if it was tendered, for the very reason that the Canadian
Cabinet has not the constitutional right to advise the King respecting
the international relations of the Empire. And why? Precisely because
the Canadian Ministers would not be responsible for their advice to the
Imperial Parliament and to the electorate of the United Kingdom.
The true meaning of the above quoted sentence of Sir John A. Macdonald
is very plain. Ministerial responsibility was the fundamental principle
of the old Constitution, as it is of the Federal Charter. Sir John A.
Macdonald was perfectly right in affirming that "_in Canada, as in
England, the Sovereign could act only on the advice of His Ministers,"
that is to say on the advice of His responsible Ministers within the
constitutional powers of our Parliament on all matters respecting which
they had the constitutional right to advise His Majesty_.
Sir John A. Macdonald never said--he could not possibly say--that as
Prime Minister of Canada, under the new Constitution, he would have the
right to advise the Sovereign on all matters within the exclusive
constitutional jurisdiction of the Imperial Parliament, for instance
respecting the exercise of the Royal prerogative of declaring war
against, or of making peace with, a foreign independent State. He has
never propounded such an utterly false constitutional doctrine.
Mr. Bourassa went still further. He quoted the following sentence from
Sir John A. Macdonald:--"_We stand with regard to the people of Canada
precisely in the same position as the House of Commons in England stands
with regard to the people of England_."
I was indeed most astonished to read Mr. Bourassa's inference from those
words that Sir John A. Macdonald _had affirmed the absolute equality of
powers of the Imperial and the Canadian Parliaments_.
If the opinion expressed by Sir John A. Macdonald could be so
interpreted, he would have affirmed--what was radically wrong--that
under the new Constitution, the Canadian Parliament would have,
_concurrently with the Imperial Parliament_, absolutely the same powers.
What did that mean? It meant that the Canadian Parliament, just as the
Imperial Parliament, would have the right to edict laws establishing
Home Rule in Ireland, regulating the government of India and the Crown
Colonies, granting constitutional charters for the good government of
the Australian and South African Dominions, &c., &c.
Public-domain text, read in full here on John Shaqi.
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