First of all, government must be entrusted to the house representing the
people. Second, the granting of moneys must be controlled by those
paying the taxes. Third, the Executive must be responsible not only to
the Crown but to the representatives of the people. It is here the
Canadian system differs from the American. The Secretary, or Cabinet
Minister, can not hold office one day under the disapproval of the House,
no matter what his tenure of office.
The Act of 1840 resulted from Durham's report. Upper and Lower Canada
were united under one government--which was really the forerunner of
confederation in '67. The House was given exclusive control of taxation
and expenditure. Nothing awakened Canada so acutely to the necessity of
federating all British North America as the Civil War in the United
States, when the States Right party fought to secede. Red River and
British Columbia had become peopled. The maritime provinces settled by
French from Quebec and New England Loyalists were alien in thought from
Upper and Lower Canada. The cry "54-40 or fight," the setting up of a
provisional government by Oregon, the Riel Rebellion in Manitoba, the
rush of California gold miners to Cariboo--all were straws in a restless
wind blowing Canada's destiny hither and whither. Confederation was not
a pocket theory. It was a result born of necessity, and the main
principles of confederation embodied in the British North America Act had
been foreshadowed in Durham's report. Durham himself suffered the fate
of too many of the world's great. He had come out to Canada to settle a
bitter dispute between the little oligarchy round the royal Governor and
the people. He sided with neither and was abjured by both. The
sentences against the patriots he had set aside or softened. The
royalists he condemned but did not punish. Both sides poured charges
against Durham into the office of the Colonial Secretary in England,
Durham died of a broken heart, but his report laid the foundation of
England's future colonial policy.
II
By the British North America Act of 1867, passed by the Imperial
Parliament, Ontario, Quebec, Nova Scotia and New Brunswick came into the
Union. Later Prince Edward Island, Manitoba, the Northwest Territories
and British Columbia joined. Up to the present Newfoundland has stood
aside. Under the British North America Act, Canada is ruled to-day.
There is first the Imperial government represented by a Governor-General.
The commandant of Canada's regular militia is also an Imperial officer.
There is second the federal government with executive, legislative and
judicial powers; or a cabinet, a parliament, a supreme court.
There are third the provincial governments with executive, legislative
and judicial powers.
Details of each section of government can not be given here; but several
facts should be noted; for they explain the practical workings of
Canada's system.
Public-domain text, read in full here on John Shaqi.
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