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 are miniature copies of the Dominion Government. Each has
a Lieutenant-governor, who is appointed by the Ottawa Governor-general
and ministry (that is, in fact, by the premier), whose salary is paid by
the Dominion Parliament. In theory he represents the Crown, and is
above parties. He forms his cabinet out of the party in majority in the
elective Assembly. Each province has an elective Assembly, and most of
them have two Houses, one of which is a Senate appointed for life. The
provincial cabinet has a premier, who is the leader of the House, and
the Opposition is represented by a recognized leader. The Government
is as responsible as the Federal Government. This organization of
recognized and responsible leaders greatly facilitates the despatch
of public business. Affairs are brought to a direct issue; and if
the Government cannot carry its measures, or a dead-lock occurs,
the ministry is changed, or an appeal is had to the people. Canadian
statesmen point to the want of responsibility in the conduct of public
business in our House, and the dead-lock between the Senate and the
House, as a state of things that needs a remedy.
The provinces retain possession of the public lands belonging to them at
the time of confederation; Manitoba, which had none when it was created
a province out of north-west territory, has since had a gift of swamp
lands from the Dominion. Emigration and immigration are subjects of
both federal and provincial legislation, but provincial laws must not
conflict with federal laws.
The provinces appoint all officers for the administration of justice
except judges, and are charged with the general administration of
justice and the maintenance of civil and criminal courts; they control
jails, prisons, and reformatories, but not the penitentiaries, to which
convicts sentenced for over two years must be committed. They control
also asylums and charitable institutions, all strictly municipal
institutions, local works, the solemnization of marriage, property and
civil rights, and shop, tavern, and other licenses. In regard to the
latter, a conflict of jurisdiction arose on the passage in 1878 by the
Canadian Parliament of a temperance Act. The result of judicial and
Privy Council decisions on this was to sustain the right of the Dominion
to legislate on temperance, but to give to the provincial legislatures
the right to deal with the subject of licenses for the sale of liquors.
In the Territories prohibition prevails under the federal statutes,
modified by the right of the Lieutenant-governor to grant special
permits. The effect of the general law has been most salutary in
excluding liquor from the Indians.
But the most important subject left to the provinces is education, over
which they have exclusive control. What this means we shall see when we
come to consider the provinces of Quebec and Ontario as illustrations.
Public-domain text, read in full here on John Shaqi.
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