SIXTH PERIOD The workings of the British North America Act, 1867, lie largely outside the sphere of Constitutional history, and belong to that of Constitutional law. The Act was almost of necessity a skeleton. The great aim was to provide a working plan for Confederation. The interpretation of the Act has belonged almost entirely to the Canadian courts and to the Judicial Committee of the Privy Council, and there has grown up round it a body of legal decisions which form a formidable and complicated study. Cartwright's Cases carry the decisions down to 1896. Cameron's Constitution of Canada down to 1915. A shorter summary up to 1918 is found in Lefroy and Kennedy, Short Treatise on Canadian Constitutional Law. Judicial constructions of certain sections of the Act are outlined in Jenkyns, British Rule and Jurisdiction beyond the Seas, App. III. (Oxford, 1902). To these books the student must refer. In this section I have only found it necessary to insert the Manitoba Act, the Alberta Act, some Imperial Acts of Parliament dealing with the Constitution of Canada, and some documents connected with the office of Governor-General of the Dominion. CLXXX THE MANITOBA ACT (33 Victoriae, c. 3.)1 An Act to amend and continue the Act 32 and 33 Victoriae, chapter 3; and to establish and provide for the Government of Manitoba. [Assented to May 12th, 1870.] Whereas it is probable that Her Majesty, The Queen, may, pursuant Preamble. to the British North America Act, 1867, be pleased to admit Rupert's Land and the North-Western Territory into the Union or Dominion of Canada, before the next Session of the Parliament of Canada: And whereas it is expedient to prepare for the transfer of the said Territories to the Government of Canada at the time appointed by the Queen for such admission: And whereas it is expedient also to provide for the organization of part of the said Territories as a province, and for the establishment of a Government therefor, and to make provision for the Civil Government of the remaining part of the said Territories, not included within the limits of the Province: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Province to out of N.-W. 1. On, from and after the day upon which the Queen, by and with be formed the advice and consent of Her Majesty's Most Honorable Privy Council, territory when under the authority of the 146th Section of the British North America united to Act, 1867, shall by Order in Council in that behalf, admit Rupert's Land Canada. and the North-Western Territories into the Union or Dominion of Canada, there shall be formed out of the same a province, which shall be one of Its name and the Provinces of the Dominion of Canada, and which shall be called the boundaries. Province of Manitoba, and be bounded as follows: that is to say, commencing at the point where the meridian of ninety-six degrees west longitude from Greenwich intersects the parallel of forty-nine degrees north latitude, thence due west along the said parallel of forty-nine degrees north latitude (which forms a portion of the boundary line between the United States of America and the said North-Western Territory) to the meridian of ninety-nine degrees of west longitude,-thence due north along the said meridian of ninety-nine degrees west longitude to the intersection of the same with the parallel of fifty degrees and thirty minutes north latitude, thence due east along the said parallel of fifty degrees and thirty minutes north latitude to its intersection with the before-mentioned meridian of ninety-six degrees west longitude,-thence due south along the said meridian of ninety-six degrees west longitude to the place of beginning. Certain pro 2. On, from and after the said day on which the order of the Queen visions of in Council shall take effect as aforesaid, the provisions of the British North B. N. A. Act 1867, to apply America Act, 1867, shall, except those parts thereof which are in terms to Manitoba. made, or, by reasonable intendment may be held to be specially applicable to or only to affect one or more, but not the whole of the Provinces now composing the Dominion, and except so far as the same may be varied by this Act, be applicable to the Province of Manitoba, in the same way, and to the like extent as they apply to the several Provinces of Canada, and as if the Province of Manitoba had been one of the provinces originally united by the said Act. 1 This Act was confirmed by the British North America Act, 1871 (No. CLXXXI). See for some notice of the circumstances under which each of the new provinces was admitted into the Dominion: Attorney-General of Prince Edward Island v. AttorneyGeneral of Dominion, [1905] A. C. at pp. 45-7. 2 See note on Section 146, B.N.A. Act, 1867 (No. CLXXIX). Representation in the Senate. Representa- Qualification of voters and members. Lieutenant- Executive Seat of Legislature. Legislative Members and 3. The said Province shall be represented in the Senate of Canada by two Members, until it shall have, according to decennial census, a population of fifty thousand souls, and from thenceforth it shall be represented therein by three Members, until it shall have, according to decennial census, a population of seventy-five thousand souls, and from thenceforth it shall be represented therein by four Members. 4. The said Province shall be represented, in the first instance, in the House of Commons in Canada, by four Members and for that purpose shall be divided by proclamation of the Governor General, into four Electoral Districts each of which shall be represented by one Member: Provided that on the completion of the census in the year 1881, and of each decennial census afterwards the representation of the said Province shall be readjusted according to the provisions of the fifty-first section of the British North America Act, 1867. 5. Until the Parliament of Canada otherwise provides, the qualifications of voters at Elections of Members of the House of Commons shall be the same as for the Legislative Assembly hereinafter mentioned: And no person shall be qualified to be elected, or to sit and vote as a Member for any Electoral District, unless he is a duly qualified voter within the said Province. 6. For the said Province there shall be an Officer styled the Lieutenant Governor, appointed by the Governor General in Council by instrument under the Great Seal of Canada. 7. The Executive Council of the Province shall be composed of such persons, and under such designations, as the Lieutenant Governor shall, from time to time think fit: and, in the first instance, of not more than five persons. 8. Unless and until the Executive Government of the Province otherwise directs, the seat of Government of the same shall be at Fort Garry, or within one mile thereof. 9. There shall be a Legislature for the Province, consisting of the Lieutenant Governor, and of two Houses, styled respectively, the Legislative Council of Manitoba, and the Legislative Assembly of Manitoba. 10. The Legislative Council shall, in the first instance, be composed of seven Members, and after the expiration of four years from the time of the first appointment of such seven Members, may be increased to not their appoint more than twelve Members. Every Member of the Legislative Council shall be appointed by the Lieutenant-Governor in the Queen's name, by Instrument under the Great Seal of Manitoba, and shall hold office for the term of his life, unless and until the Legislature of Manitoba otherwise provides under the British North America Act, 1867. ment, etc. Speaker. 11. The Lieutenant-Governor may, from time to time, by Instrument under the Great Seal, appoint a member of the Legislative Council to be Speaker thereof, and may remove him and appoint another in his stead. 12. Until the Legislature of the Province otherwise provides, the presence of a majority of the whole number of the Legislative Council, including the Speaker shall be necessary to constitute a meeting for the exercise of its powers. 13. Questions arising in the Legislative Council shall be decided by a majority of voices, and the Speaker shall in all cases have a vote and when the voices are equal the decisions shall be deemed to be in the negative. 14. The Legislative Assembly shall be composed of twenty-four members to be elected to represent the Electoral Divisions into which the said Province may be divided by the Lieutenant-Governor as hereinafter mentioned. 15. The presence of a majority of the Members of the Legislative Assembly shall be necessary to constitute a meeting of the House for the exercise of its powers; and for that purpose the Speaker shall be recognized as a Member. 16. The Lieutenant-Governor shall (within six months of the date of the Order of Her Majesty in Council admitting Rupert's Land and the North-Western Territory into the Union), by Proclamation under the Great Seal, divide the said Province into twenty-four Electoral Divisions, due regard being had to existing Local Divisions and population. 17. Every male person shall be entitled to vote for a Member, to serve Qualification in the Legislative Assembly for any Electoral Division, who is qualified as of voters. following, that is if he is: 1. Of the full age of twenty-one years, and not subject to any legal incapacity: 2. A subject of Her Majesty by birth or naturalization: 3. And a bona fide householder within the Electoral Division, at the date of the Writ of Election for the same, and has been a bona fide householder for one year next before the said date; or, only. 4. If, being, of the full age of twenty-one years and not subject to Special,-for any legal incapacity and a subject of Her Majesty by birth or naturaliza-first election tion, he was, at the time within twelve months prior to the passing of this Act, and (though in the interim temporarily absent) is at the time of such election a bona fide householder, and was resident within the Electoral Division at the date of the Writ of Election for the same: But this fourth sub-section shall apply only to the first election to be Proviso held under this Act for Members to serve in the Legislative Assembly aforesaid. at first elec 18. For the first election of Members to serve in the Legislative Proceedings Assembly, and until the Legislature of the Province otherwise provides, the tion, &c., Lieutenant-Governor shall cause writs to be issued, by such person in such how regulated. form and addressed to such Returning Officers as he thinks fit; and for the first election, and until the Legislature of the province otherwise provides, the Lieutenant-Governor shall, by proclamation, prescribe and declare the oaths to be taken by voters, the powers and duties of Returning and Deputy Returning Officers, the proceedings to be observed at such election, and the period during which such election may be continued, and such other provisions in respect to such first election as he may think fit. 19. Every Legislative Assembly shall continue for four years from Duration of Legislative the date of the return of the writs for returning the same (subject never-Assembly. theless to being sooner dissolved by the Lieutenant-Governor), and no longer; and the first Session thereof shall be called at such time as the Lieutenant-Governor shall appoint. 20. There shall be a Session of the Legislature once at least in every Sessions at year, so that twelve months shall not intervene between the last sitting of least once the Legislature in one Session and its first sitting in the next Session. a year. B. N. A. Act 21. The following provisions of the British North America Act, 1867, Certain pro respecting the House of Commons of Canada, shall extend and apply to visions of the Legislative Assembly, that is to say:-Provisions relating to the election 1867 to apply. of a Speaker, originally, and on vacancies,-the duties of the Speakerthe absence of the Speaker and the mode of voting, as if those provisions were here re-enacted and made applicable in terms to the Legislative Assembly. 22. In and for the Province, the said Legislature may exclusively Legislation touching make laws in relation to Education' subject and according to the following schools subprovisions:ject to certain (1) Nothing in any such Law shall prejudicially affect any right or provisions. privilege with respect to Denominational Schools which any class of persons have by Law or practice in the Province at the Union: (2) An appeal shall lie to the Governor-General in Council from any Act or decision of the Legislature of the Province or of any Provincial Authority, affecting any right or privilege of the Protestant or Roman Catholic minority of the Queen's subjects in relation to Education: (3) In case any such Provincial Law, as from time to time seems to Power re. served to the Governor-General in Council requisite for the due execution of the Parliament. provisions of this section, is not made, or in case any decision of the Governor-General in Council on any appeal under this section is not duly executed by the proper Provincial Authority on that behalf then, and in 1 See B.N.A. Act, 1867 (No. CLXXIX), section 93 and note. |