Studies in the South and West, with Comments on CanadaWarner, Charles Dudley
History
Studies in the South and West, with Comments on Canada
Warner, Charles Dudley
Canada -- Description and travel; United States -- Description and travel
The provinces have no militia; that all belongs to the Dominion.
Marriage is solemnized according to provincial regulations, but the
power of divorce exists in Canada in the Federal Parliament only, except
in the province of New Brunswick. This province has a court of
divorce and matrimonial causes, with a single judge, a survival of
pre-confederation times, which grants divorces a vinculo for scriptural
causes, and a mensa et thoro for desertion or cruelty, with right of
appeal to the Supreme Court of the province and to the Privy Council of
the Dominion. Criminal law is one all over the Dominion, but there is
no law against adultery or incest. The British Act contains no provision
analogous to that in the Constitution of the United States which forbids
any State to pass a law impairing the obligation of contracts—a serious
defect.
The Federal Government has a Supreme Court, consisting of a
chief-justice and five puisne judges, which has original jurisdiction in
civil suits involving the validity of Dominion and provincial acts, and
appellate in appeals from the provincial courts. The Federal Government
appoints and pays the judges of the Superior, District, and County
courts of the provinces; but the provinces may constitute, maintain, and
organize provincial courts, civil and criminal, including procedure in
civil matters in those courts. But as the provinces cannot appoint any
judicial officer above the rank of magistrate, it may happen that a
constituted court may be inoperative for want of a judge. This is one of
the points of friction between the federal and provincial authorities,
and in the fall of 1888 it led to the trouble in Quebec, when the Ottawa
cabinet disallowed the appointment of two provincial judges made by the
Quebec premier.
The Dominion has another power unknown to our Constitution; that is,
disallowance or veto of provincial acts. This power is regarded with
great jealousy by the provinces. It is claimed by one party that it
should only be exercised on the ground of unconstitutionality; by
the other, that it may be exercised in the interest of the Dominion
generally. As a matter of fact it has been sometimes exercised in cases
that the special province felt to be an interference with its rights.
Public-domain text, read in full here on John Shaqi.
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