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Pagfnat,1on Is as follows : p. 271-376. 



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THE FEDERAL 
GOVERNMENT 

BY 

SIR JOSEPH POPE 




REPRINTED FROM 

CANADA AND ITS PROVINCES 

A HISTORY OP THE CAKADIAH PEOPLE 

AND THEIK INSTITUTIONS 

BY ONE HUNDRED ASSOCIATES 

BDITED BY 

ADAH SHORTT AND A. G. DOUGHTT 









m? 














THE FEDERAL GOVERNMENT 



THE FEDERAL 
GOVERNMENT 



SIR JOSEPH POPE 

K.C.M.Q. 




TORONTO 

GLASGOW, BROOK & COMPANY 
1914 






42544 



This Volume conaute of a Reprint, for 

private circulation only, of the Forty- 

■eventh Signed Contribution contained in 

Canada and its Provinces, a History of 

the Canadian People and their Institutions 

by One Hundred Associates. 

Adam Shortt and Arthur G. Doughty, 

General Editors 



CONTENTS 

The Governor-General 
The Governor-Genbrai.'b Secretary 
The PRIVT Council .... 
The Parliament .... 

The Senate 

The Hoube of Commons 

The Cabinet ..... 

The Prime Minister 

The President of the Privy Council 

The Minister or Finance . 

The Treasury Board 

The Auditor-General 

The Minister of Justice 

The Solicitor-General 

The Secretary op State 

The Department of Extehnai. Affairs 

The King's Printer .... 

The Minister of Public Works 

The Minister of Rmlways and Canals 

The Minister of the Interior 

The Department of Indian Affairs 

The Minister of Agriculture 

The Dominion Archives 

The Postmaster-General . 

The Minister of Marine and Fisheries 

The Department of the Naval Service 

The Minister of Customs 

The Minister of Trade and Commerce 

The Department of Mines 

The Minister of Militia and Defence 

The Minister of Inland Revenue 

The Royal North-West Mounted Police 

The Minister of Labour 

The Deputy Ministers 

Private Secretaries to Minioters 

The Library of Parliament 

The Civil Service Commission 

The Commission of Conservation 

The International Joint Commission 

The High Commissioner 

The Agent of Canada in Paris , 

The Supreme Court .... 

The Exchequer Court 



Page 
272 
277 
278 
279 
280 
286 
300 
304 
308 
311 
314 
315 
316 
320 
320 
322 
324 
325 
327 
328 
331 
333 
334 
336 



341 
343 
345 
348 
349 
351 
354 
356 
357 
357 
362 
363 
369 
370 
371 
372 



THE FEDERAL GOVERNMENT 



IT is proposed in the following pages to set forth the 
system on which the government of Canad.i is 
organized ; to describe this system in its actual opera- 
tion J to inquire into the nature and source of the authority 
by which the Dominion is ruled ; to ascertain by whom, 
under what conditions, and subject to what limitations, this 
authority is administered ; to understand the relations in 
which the two great councils of the nation — the executive 
and the legislative — stand towards the crown and each 
other : to visit the various departments of state, and to see 
how the business of the country is carried on from day to 
day. 

The pntamble of the British North America Act, 1867, 
proclaims the desire of the provinces of Canada, Nova Scotia 
and New Brunswick to be federally united into one Dominion 
under the crown of Grea. Britain, with a constitution similar 
in principle to that of the United Kingdom ; and in accord- 
ance with this intention the 9th section declares that the 
executive government and authority of and over Canada 
shall continue to be vested in the sovereign of Great Britain 
and Ireland. The king therefore is the supreme ruler of 
the Dominion, but, inasmuch as His Majesty is unable to 
be actually present in Canada, he is represented in the person 
of his deputy— an officer styled the governor-general — to 
whom is delegated the royal authority. 

In view of the dignity and importance of his great office, 
it is fitting to begin this review by a description of the mode 
of appointment of the governor-general ; to define with some 
degree of particularity his powers and functions, and to make 
clear his part in the actual working of the machinery of 
government. 



373 



THE FEDERAL GOVERNMENT 



The Governok-Genekal 
The govemor-general of Canada is appointed by the 
king on the advice of the secretary of state for the Colonies, 
by letters patent under the great seal of the United Kingdom 
Pnor to 1878 It was the practice to issue new letters patent 
to each govemor^eneral on appointment, but in that year 
letters patent were issued, making permanent proviaon for 
the office, and ordaining that all future incumbenta should 
be appomted by special commission under the royal sign 
manual and signet. Accompanying the general letters 
patent, and bearing even date therewith, are instructions 
for the governor's guidance in the execution of the high trust 
committed to his charge. In 1905 the general letters patent 
and mstructions issued in 1878 were revoked, and fresh 
instruments of the same tenor were substituted therefor 
the change apparently being deemed necessary by reason 
of the addition to the govemor-generars style and titles 
of the phrase 'Commander-in-Chief of the Dominion of 
Canada. The letters patent and royal instructions, read 
in conjunction with the British North America Act set 
forth the powers of the govemor-general, who, it is important 
to remember, is not clothed with the plenary authority of 
the sovereign. He is not a viceroy, and can exercise only 
such functions as appertain to his office by law, or are dele- 
gated to him, either expressly or impliedly, by the king 
Among these are the power of appointing to office all public 
functionaries, and of suspending or removing therefrom such 
as hoW their positions during the pleasure of the crown j 
of summoning, proroguing and dissolving pariiament • of 
exeraang the prerogative of mercy by the grant of pardons 
or reprieves, and generally of doing all things necessary to 
the proper ar'mmistration of his office. In the exercise of 
these functions ae is guided by the advice of responsible 
ministers, who in turn must possess the confidence of the 
House of Commons. The doctrine of ministerial responsi- 
bility, which has now reached its full development, was of 
gradual growth in Canada. Thus, it is only within com- 



THE GOVERNOR-GENERAL 



a73 



paratively recent years that the exercise of the pardoning 
power has been withdrawn from the individual discretion 
of the represenutive of the crown. Before 1878, while the 
governor-general was required (in capital cases) to consult 
his ministers in respect of all applications for clemency, he 
was not bound to follow their advice. On the contrary, 
he was enjoined to decide each case according to his own 
judgment, whether his advisers concurred or otherwise, and 
to act on his personal responsibility as an imperial officer. 
In 1878, largely through the instrumentality of Edward 
Blake, at that time minister of Justice in the Mackenzie 
cabinet, a change in this procedure was determined upon, 
and the royal instructions issued to the Marquis of Lome 
in 1878 directed the governor-general not to pardon any 
criminal offender without first receiving, in capital cases, 
the advice of his council, and, in other cases, the advice of 
one, at least, of his ministers. 

The prerogative of the crown as the fountain of honour, 
unless specially delegated, does not appertain to the governor- 
general. His Excellency, in his qualiQr of an imperial officer, 
from time to time makes recommendations touching the 
bestowal of honours to the secretary of sute for the Colonies, 
who, if he sees fit, submits them to His Majesty with his own 
advice. It is highly probable that as a general rule, before 
making such recommendations, the governor-general con- 
sults his chief adviser, and it is equally probable that the 
prime minister's wishes, both positive and negative, in regard 
to the bestowal of honours upon Canadians resident in the 
Dominion, possess much weight, in turn, with the governor- 
general, the secretary of state and the sovereign j but con- 
stitutionally, the responsibility for advice tendered in such 
matters rests with His Majesty's government. With this 
exception, and saving rare occasions in which imperial 
considerations are distinguished from exclusively Canadian 
interests, the governor-general acts only on the advice of his 
ministers, who are responsible for every act of the crown in 
relation to the public affairs of the Dominion, and to whom, 
so long as they are sustained by parliament, he is called upon 
to extend his unreserved confidence and loyal support. 



«74 



THE FEDERAL GOVERNMENT 



While the governor-general'i commission give* to him 
the dtle of commander-in-chief, and enjoins all military 
officers to obey him, he is not thereby personally invested 
with any military command, which is exercised by the 
governor in council, to whom, under parliament, belongs the 
direction •uid control of the armed forces of the Dominion. 

The impression prevails in some quarters that under the 
practical working of the Canadian constitutional system 
the governor-general has ceased to be a Uving factor in the 
government of the country, that the office, while retaining 
its ceremonial attributes and social prestige, and valuable 
as the visible link connecting Canada with the motherland, 
no longer serves any useful functions that might not — to 
use a favourite expression of the late Professor Goldwin 
Smith— be equally well performed by a rubber stamp. This 
is a misapprehension. The governor-general, while bound 
to take the advice of his responsible ministers upon all ques- 
tions appertaining to the government of Canada, whether 
it is or is not in accordance with his own opinion, possesses 
in a variety of ways opportunities for modifying that advice 
in cases in which he may consider its acceptance contrary 
to law or injurious to the public interest. His elevated 
position as the king's representative ; his aloofness from 
the prejudices and passions of party strife; and in many 
instances his wider knowledge and experience of men and 
affairs, acquired by mingling in the larger sphere of imperial 
statesmanship : — all these considerations combine to render 
his influence upon the policy of his ministers far from 
negligible. 

While, as has been said, the governor-general should, in 
all ordinary matters of administration, defer to the views of 
his advisers, he should do so in an intelligent manner. He 
is called upon to see that the authority of the crown is not 
used in regard to any act of government without his express 
sanction. It is equally his duiy to examine the reports of 
the Privy Council submitted for his approval— to call for 
the fullest information, and, if necessary, explanations, in 
regard to all matters treated of therein. He can refer back 
to his ministers for reconsideration any recommendations 



THE GOVERNOR-GENERAL 475 

made to him, and, by suggestion, exhortation and remon- 
strance, seek to prevail upon them to modify or abandon 
a policy of which he may be unable to approve. Should 
they persist in their advice, the governor-general, as a last 
resource, can demand the resignation of his ministers, or 
dismiss them from oflice, and call to his councils a new 
administration. Such an extreme step, however, as the 
dismissal of a ministry appears in Canada to be reserved to 
lieutenant-governors. No governor-general has ever resorted 
to it. When differences arise between a governor-general 
and his cabinet with respect to a question of public policy, 
it sometimes happens that fuller inquiry enables the governor- 
general to overcome his objections to the suggested course, 
or, it may be, that his representations successfully appeal 
to his ministers and induce them to modify or withdraw 
their proposals. 

One would naturally be disposed to surmise that disinter- 
ested and friendly co-operation of the character indicated, on 
the part of a prudent and tactful govenior-general, could 
scarcely fail to prove of distinct mutual advantage, at once 
to the representatives of the crown and to his advisers ; and 
so indeed it has proved. Thus Lord Lansdowne, in his letter 
of farewell to Sir John Macdonatd, observes : ' I have often 
made the reflection that the position of a Governor-General 
in this country is one that might be very agreeable or almost 
unendurable, according as his relations with his Prime Minister 
were or were not friendly, frank and characterized by com- 
plete trust on each side ' ; and several of the prime ministers 
of Canada have publicly acknowledged the benefits they de- 
rived from association with various governors-general whom 
they served, and to whose wise and prudent counsels they 
have declared themselves much indebted. 

A governor-general is appointed during pleasure, but in 
the absence of any specific provision in that regard his tenure 
of office is limited to six years. The Colonial Office regula- 
tions are quite clear upon this point. Notwithstanding this, 
the practice has been, at any rate up to a comparatively 
recent period, to consider the term as one of five years, and 
any extension beyond that period as a matter of arrangement 



376 



THE FEDERAL GOVERNMENT 



between the leaetaiy of state for the Colonies and the in- 
cumbent of the office. 

The goveraor-general is empowered to appoint from time 
to time a deputy or deputies to act for him in the exercise of 
his powers. This he generally does before visiting remote 
portions of the Dominion, in order that public business may 
not suffer by reason of his absence from the seat of govern- 
ment. The choice is his own. As a matter of fact it gener- 
ally falls on the chief justice of Canada, or failing the chief 
justice, on the senior available judge of the Supreme Court. 
Such appo' qnent may be limited to the performance of a 
single offi.iul act, such as giving the royal assent to a bill, or 
the prorogation of parliament ; or the commission may be 
general in its terms and may operate during pleasure. The 
power to dissolve the House of Commons is not usually 
delegated by a governor-general. 

In the event of the death, incapacity, removal or absence 
from the country of the goveraor-general, it is provided in the 
letters patent constituting the office that his powers and 
functions shall, pending any appointment by the king, become 
vested in the chief justice of Canada for the time being, or, 
failing him, in the denior judge of the Supreme Court, who, 
upon taking the prescribed oath, becomes the administrator 
of the government, and is clothed with all the attributes of 
the office during the absence or incapacity of the governor- 
general. 

The opinion is sometimes expressed by persons without 
mucii practical acquaintance with the conduct of public 
affairs, that it would more comport with the dignity and 
growing importance of the Dominion that a Canadian should 
be selected to represent His Majesty in the office of goveraor- 
general. This view is not shared by those best qualified to 
judge. In 1910, in his farewell eulogy of Lord Grey, Sir 
Wilfrid Laurier declared this feeling to be ' a laudable, but 
to my mind a misguided expression of national pride.' He 
added that the system of appointing imperial statesmen to 
the office, which had been in operation since Confederation, 
has worked well, and that any change in that system ' would 
not, I am sure, be productive of good results, but perhaps on 



1 i 



THE GOVERNOR-GENERAL'S SECRETARY 177 

the contimry would jeopsrdixe loinething which we hold 
dear." 

The appointment of a governor-general i« usually an- 
nounced lome months before he actually assume* ofKce. At 
a convenient date he sails for Canada. He is met on landing 
by the administrator of the goi'emment — the retiring gover- 
nor-general, as a rule, having left the Dominion before the 
arrival of his successor — the prime minister and the other 
members of the cabinet. His Excellency's commission is 
then publicly read. He takes the oath of ofHce and receive* 
the great seal of Canada from the secreury of He, to whose 
hands he immediately returns it. He then signs the pro- 
clamation announcing his assumption of office, and the cere- 
mony is over. 



The Goveknor-General's Secketary 

In former times the governor-general of Canada had two 
official secretaries, a civil and a military secretary. To the 
civil office only was a salary aiuched. Up to the year i860 
the civil secretary held from the imperial government a com- 
mission as superintendent-general of Indian Affairs. Since 
about the year 1870 the two secretaryships have usually been 
united in the person of a military officer, appointed military 
secretary by the govemor-Renetal personally, and gazetted 
to the civil office as well, under the title of ' Secretary and 
Military Secretary to his Excellency the Governor-General.' 
Occasionally, however, the governor-general's secretary is a 
civilian, and there is no military secretary. 

The duties of the military secretary are purely ceremonial, 
and call for no extended notice here. In his quality of civil 
secretary he is the head of the office which deals with 
the governor-general's official correspondence. Original dis- 
patches are received, entered and docketed in this office, 
and previous to the establishment of the department of 
External Affairs were distributed to the Privy Council office, 
or to the departments direct, as the case might be. The 
replies of the government in the form of minutes of the Privy 

> Debates, House of CommoDs, May 3, 1910. 



»78 



THL FEDERAL GOVERNMENT 



Coundi, or reporu direct from individual miniitai, wtn 
•ent to the govemor-generkl'i oAke, wlience tliey were for- 
warded to tlieir deetination under cover of diapatclm pre- 
pared in the goveraor-general'e office, and ligned by Hii 
Excellency. Now, everything that the govemor-genenl 
desirea to refer to hie miiUtten !a lent direct by the (ovemor> 
general's eecretary tc the eecretary of atate for External 
Affaire, who make* the dii*-ibution, and reporti direct to the 
governor-general, or to the governor-general in council, ai the 
caw may be, for every department of government. Other- 
wiae the procedure ia unchanged. The government of Canada 
continues to communicate with the secretary of state for the 
Colonies, His Majesty's ambassador at Washington, and else- 
where outside Canada, through the governor-general's office, 
precisely as before. 

The staff of the office of t i governor-general's secretary, 
as regards appointment, promc ion, etc., is under the control 
of the prime minister. The governor-general's private 
secretary, though generally holding a clerkship in the office 
of the governor-general's secretary, performs services alto- 
gether of a confidential and personal nature. 



The Privy Councu. 

Having descr'bed the functions of the governor-general, 
in whom is vested the supreme executive authority, it is now 
proper to consider the mode in which his powers are exercised 
in the administration of the affairs of the Dominion. The 
British North America Act provides that there shall be a 
council to aid and advise the governor-general, which shall 
be styled the King's Privy Council for Canada. The members 
of this council are appointed by the governor-general on the 
advice of his ministers, .".nd may be removed by the same 
authoi ity. Otherwise their tenure of office is for life. ' Once 
a Privy Councillor always a Privy Councillor ' is substantially 
true. George in struck Charles James Fox's name from 
the roll of his Privy Council, and a few similar cases are re- 
corded in the long course of English history, but, so far, none 
in Canada. A privy councillor takes a special oath of secrecy 



THE PARLIAMENT 



a7» 



and kign* the council-mil in th« praicncc of the g vernor- 
gcnenl. He receive* no commiHion or other evidence of 
appointment, nor does any emolument atuch to the oflice. 
The poaition, uevertheleM, carriea with it a. high place in the 
•odal and official world, and it a distinction rarely beitowed 
on any public man other than as a necnsary qualification for 
cabinet office. Memben of the Priv>- Council are entitled to 
be ttyled ' Honourable,' and thit for life. 

llie membenhip of the Privy Council ia not limited in 
number. In 191a there were Mxty-nine privy councillor!. 
Of tbete eighteen were in the cabinet ; forty-two had held 
cabinet office, but were not in the miniitry ; eight, although 
never holding cabinet office, had been speakers of the Senate 
or of the House of Commons. The remaining member was 
Lord Strathcona and Mount Royal. 

The Canadian Privy Council, as distinct from the cabinet, 
has never been called together. A fitting occasion for such 
an interesting ceremony would have been the death of Queen 
Victoria, or, again, that of King Edward vil, when the whole 
council might have been summoned to join with the governor- 
general in proclaiming the new sovereign. Such an unusual 
proceeding would have been eminently constitutional and 
proper, and would have established a precedent to be followed 
by future generations. Advanuge, however, was not taken 
of the opportun. ty. 

In theory the Privy Council is the body upon whose 
advice the government of the country is carried on, but it 
has been superseded in practice by the cabinet, to wbic-. 
have passed the advisory and consultative functions whit h 
in times gone by were exercised by it. 



The Paruahent 

The parliament of Canada consists of the king, repre- 
sented by the governor-general, the Senate and the House 
of Commons, tiie concurrence of all three branches being 
necessary to the enactment of every law. Technically each 
branch is equally free to give or withhold its assent at pleasure. 
Here, however, as in many other instances, a wide divergence 



380 



THE FEDERAL GOVERNMENT 



has grown up between the theory and the practice ol the 
constitution. The crown has long ceased to use the pre- 
rogative of veto, and while the upper house may, and does 
on rare occasions, assert its right of rejecting a government 
measure sent up from the House of Commons, it employs 
such discretion in so doing that its action commonly has no 
effect upon the ministry other than that of subjecting it, 
perhaps, to temporary inconvenience and annoyance. On 
the other hand, the House of Commons, by requiring the 
governor-general's powers to be exercised through ministers 
responsible to it, has become in reality, if not in form, the 
source and centre of le^slative authority. 

No more ingenious and effective scheme for the conduct 
of public affairs has been devised by the wit of man than 
that known as ' Responsible Government,' under which the 
balance of the old-time contending elements in the state is 
harmoniously adjusted without doing violence to cherished 
convictiors. The crown maintains unimpaired its ancient 
dignities and splendour, and rests far more securely upon the 
affections of the people than at any previous time in history ; 
while the controlling power of government has passed tn the 
people's representatives in the House of Commons. As a 
constitutional writer has well observed : ' Such is the wonder- 
ful elasticity and adaptability of our system of government, 
that modem life has taken possession of the ancient form and 
has not rent it. It has expanded with every stage of national 
growth, for while the ancient prerogatives still exist, they can 
be lawfully exercised only upon the advice and sanction of a 
responsible minister— a minister and a ministry responsible 
to the Commons House of Parliament.' 



Tbe Senate 

The Senale of Canada in 191 1 consisted of 87 members, 
of whom 34 were from Ontario, 34 from Quebec, 10 from 
Nova Scotia, 10 from New Brunswick, 4 from Prince Edward 
Island, 4 from Manitoba, 4 from Saskatchewan, 4 from 
Alberta, and 3 from British Columbia. Although for reasons 
of convenience senators are usually associated in debate, and 



THE SENATE 



281 



even elsewhere, with specific localities — genenlly those in 
which they reside — they are, with the exception of those from 
the Province of Quebec, appointed for their province at large, 
and not for any constituency or group of constituencies. In 
Quebec a senator is appointed for each of the twenty-four 
electoral divisions of Lower Canada, which in pre-Confedera- 
tion days returned members to the legislative council. 

The composition of the Senate was arranged with the 
idea of affording protection to the smaller provinces which 
they might not always enjoy in a house where the represen- 
tation was based on numbers only. It is for this reason 
that the Maritime and the Western provinces have a larger 
proportional representation in the Senate, compared with 
Ontario and Quebec, than they possess in the House of 
Commons. 

Senators are appointed by the governor-general in council 
on the advice of the first minister, and, subject to certain 
conditions, hold their places for life. It is doubtful if, as in 
the case of a member of the House of Commons, the acceptance 
of an office of emolument under the crown vacates a senator's 
seat, but in the circumstance of a senator being appointed 
to office, it is customary to require from him the resignation 
of his senatorship in writing. 

The qualifications for the office of senator are : 

I. He must have attained the age of 30 years. 
3. He must be a British subject either by birth or 
naturalization. 

3. He must be possessed oi real property to the value 

of t4000, free from all encumbrances. 

4. He must be resident in the province for which he is 

appointed. 

5. In the case of the Province of Quebec he must either 

have his real property qualification in the dis- 
trict for whidi he is appointed, or be resident in 
that division. 

A senator forfeits his seat in any of the following cases : 

I. If for two consecutive sessions of parliament he fails 
to attend in his place. 

VOL. VI a M 



Li 






aSa THE FEDERAL GOVERNMENT 

2. If he becomes a subject or citizen of a foreign power. 

3. If he becomes a bankrupt or defaulter. 

4. If he is attainted of treason, felony, or of any in- 

famous crime. 
J. If he ceases to be qualified in respect of property 
or of residence. 

A senator is entitled, as such, to the distinction of ' Hon- 
ourable ' 80 long as he holds the office, but no longer. He 
receives an allowance of $3500 for each session extending 
over thirty days, subject to a deduction of $15 a day for every 
day's absence. Where the session is less than thirty-one days 
he receives $20 for each day's attendance. He is also paid 
his actual travelling expenses to and from the seat of govern- 
ment. 

The Senate has co-ordinate powers of legislation with 
the House of Commons, uxcept in the case of bills involving 
a charge upon the Treasury, or bills imposing any tax or 
impost, which must originate in the lower house. The 
Senate can neither originate nor amend such bills, though it 
may reject them. 

The speaker of the Senate is appointed by commission 
under the great seal and holds office during pleasure. Except 
in name this office presents little analogy with that of speaker 
of the House of Commons, who almost ostentatiously stands 
aloof from all questions of party politics. The speaker of the 
Senate, on the other hand, is frankly ministerialist, sometimes 
a member of the cabinet, and necessarily a supporter of the 
administration of the day. 

In common with his brother senators the speaker has a 
vote in all cases, and when the votes are equal the decision 
is deemed to be in the negative. Though he seldom exercises 
the privilege, the speaker may join in debate, in which event 
he comes down from the chair and speaks from the floor 
uncovered. He receives in salary and allowances about 
$6000 per session in addition to his indemnity as a senator, 
and is provided with handsome quarters in the parliament 
buildings. 

The functions of the speaker are limited, being virtually 
confined to presiding over the deliberations of the Senate. 



THE SENATE 



a83 



He decides questions of order, subject to an appeal to the 
Senate. The members do not address ihe speaker in debate, 
but speak to the house at large. Except in certain cases 
arising under the Civil Service Act of 1908 and its amendments 
no patronage appertains to his office. 

It is contrary to usage of either house of parliament to 
mention in debate the other chamber by name. Thus a 
senator wishing to allude to something that has happened in 
the House of Commons will refer to the incident as having 
occurred in ' another place.' Conversely, the same practice 
prevails in the House of Commons. 

The chief officers of the Senate are the clerk, the clerk 
assistant, the law clerk, the gentleman usher of the Black Rod, 
and the sergeant-at-arms. 

The clerk records the proceedings of the Senate in the 
form : : minutes, and generally performs the duties suggested 
by his office. He administers the necessary oaths to newly 
appointed senators, pronounces the royal assent to bills at 
the appointed ceremony in that behalf, or announces their 
reservation. He also acts as cashier. 

The clerk of the Senate is also styled the ' Clerk of the 
Parliaments,' and, as such, is the custodian of the original acts 
of the legislatures of Upper and Lower Canada, of the late 
Province of Canada, and of the Dominion of Canada. 

The gentleman usher of the Black Rod is the ceremonial 
officer of parliament. He has the direction of the arrange- 
ments for the opening and closing of parliament, bears the 
governor-general's messages to the House of Commons to 
attend His Excellency in the Senate, and performs -ther 
formal offices. 

The sergeant-at-arms attends the speaker with the mace 
at the daily opening and adjournment of the house, and on all 
state occasions j maintains order and decorum in the chamber, 
galleries and lobbies during the sittings of the Senate, and 
generally is responsible for the carrying out of the speaker's 
orders. He likewise keeps and certifies a list of senators 
present at each sitting, as does also the gentleman usher of 
the Black Rod. 

The clerk of the Senate, the sergeant-at-arms and the 



I 



384 



THE FEDERAL GOVERNMENT 



gentleman usher of the Black Rod are appointed by the 
governor in council and hold office during pleasure. The 
clerk assistant, law clerk, translators, and other officers and 
clerks are appointed by the Senate on the recommendation of 
the Committee of Internal Economy and Contingent Accounts, 
of which the speaker is not even a member. The clerk and 
the clerk assistant ordinaniy sit at the table during the 
sessions of the house, as on special occasions do the law clerk 
and theclerk of the crown in Chancery. The sergeant-at-arms 
and the gentleman usher of the Black Rod also have seats on 
the floor. 

Divorce is granted by the parliament of Canada in the 
form of a private bill in each case, which goes through all 
the stages in both houses exactly as any other private bill.* 
Bills of this nature originate in the Senate, the petition being 
referred to the Standing Committee on Divorce, which 
examines witnesses, and after due inquiry into, and con- 
sideration of, all the circumstances of each individual case, 
makes its report to the house. Applications for divorce are 
received from residents in the Provinces of Ontario, Quebec, 
Manitoba, Saskatchewan and Alberta only, the Provinces of 
Nova Scotia, New Brunswick, Prince Edward Island and 
British Columbia having divorce courts of their own. 

Divorces are granted by parliament only after the 
establishment to the satisfaction of the Senate committee 
of charges which include adultery. In this respect wives 
are on an equal footing with husbands, the adultery of either 
being held sufficient to warrant the dissolution of the bond. 
In the forty-five years which have elapsed since Confederation 
the parliament of Canada has granted one hundred and sixty 
divorces, an average of less than four a year. 

The Senate holds its sittings and regulates its adjourn- 
ments within a session, at pleasu ;, but prorogation terminates 
its proceedings until parliament is again summoned by the 
crown. In former days there was occasional conflict between 
the two houses, the legislative council of the Province of 
Canada once guing to the length of throwing out the Supply 

^ Previous to the Be»ion of 1879 divorce bills were reserved for the sigQifica- 
tioa of the ruyal pleasure, in coniormity with the govenior.geiieral's iDstructioas. 



THE SENATE 



885 



Bill ; and since Confederation the Senate has rejected three or 
four important government measures ; but within recent yean 
acute differences have been rare, the upper house for the most 
part being content to follow the lead of the Commons. This 
arises, in part at least, from a uniformity of political com- 
plexion, which, in turn, is to be ascribed to the long continu- 
ance of one party in power. When the conservatives went out 
in 1896, after having enjoyed uninterruptedly eighteen years 
of office, there were not more than a dozen liberal senators. 
In 1911, after fifteen years of liberal rule, the position of 
parties in the Senate was almost reversed. 

It cannot be denied that the Senate has not fulfilled the 
expectation of its founders, who proposed to themselves an 
independent body, exercising a moderating and restraining 
infiuence upon the legislation of the country. Such an m- 
fluence is universally admitted to be advantageous, yet more 
and more the Commons seems to absorb all rule and authority 
and power, at the expense of the Senate, which correspond- 
ingly suffers in prestige. This surely is not to the advantage 
of the state. Various remedies have been suggested. The 
mode of appointment is commonly criticized, many holding 
that the Senate would be more influential if its members were 
elected instead of being, as now, nominated by the prime 
minister. More influential it might be— it certainly would 
be more partisan j and, when it contained a majority opposed 
to the government of the day, it would be more contentious 
and less amenable to those moderating counsels which gener- 
ally govern therein, even when a majority of its members are 
unfriendly to the party in power. Others there are who 
consider that the remedy lies with the executive. In 19" 
onW one cabinet minister sat in the Senate, the other seven- 
teen being in the Commons. It is rare indeed for a govern- 
ment measure to be introduced in the upper house. The 
consequence is that for more than half the time the Senate 
has nothing to do. 

This is not owing to any lack of legislative capaaty, for 
it is a recognized fact that '.ne standing special committees 
of the Senate devote moie pains to, and deal more satis- 
factorily with, the bills referred to them than do those of the 



386 



THE FEDERAL GOVERNMENT 



Commona. While it is no doubt expedient that the prime 
minister, the minister of Finance and the heads of the large 
spending departments should be in the Commona, there does 
not seem to be any reason why the minister of Justice, the 
secretary of state, the minister of Agriculture and the post- 
master-geneial, or some of them, might not, with advantage 
to the public service, sit in the upper house. If th&e were 
three cabinet portfolios in the Senate, and if a reasonable pro- 
portion of government measures was initiated therein, it is 
the view of some that the Senate would recover much of its 
old-time importance, and take that place in the administra- 
tion of the country's affairs which it was originally intended 
it should fill. 



The House of Commons 

The business of the great council of the nation, which we 
call parliament, is not confined to the making of laws, but 
includes the consideration of all matters of public concern. 
Parliament may advise the crown on subjects of general 
policy. It possesses the right of inquiry into all acts of 
administration by the ministers to whom it has entrusted 
the management of the country's affairs. It regulates taxa- 
tion, and provides money for tjie requirements of the public 
service. In respect of the two last-named functions the 
House of Commona has the exclusive initiative, and in all 
others a preponderating influence. 

Parliament is called together by the governor-general, 
who, on the advice of his ministers, issues a proclamation 
summoning both houses to assemble on a day appointed by 
him. No date is fixed by the constitution for the meeting 
of parliament, the only limitation being that twelve months 
must not intervene between the last sitting in cje session 
and the first sitting in the next session. 

For a long time parliament used to meet early in February. 
Some years ago the date was changed to November, in the ex- 
pectation of thereby avoiding summer sessions — an expecta- 
tion not always realized. As a rule the sessions are not less 



THE HOUSE OF COMMONS 287 

than six months m length, and there does not seem any 
prospect that they may become shorter. 

On the occasion of the opening of the first session of a 
new parliament the members assemble at Ottawa, and take 
the oath of allegiance before commissioners appointed for that 
purpose. At the appointed hour the governor-general, either 
in person or by deputy, proceeds to the Se-iate chamber and 
takes his seat upon the throne (the deputy governor sits in a 
chair at the foot of the throne). The speaker of the Senate, 
being commanded in that behalf, directo the gentleman usher 
of the Black Rod to acquaint the House of Commonaof the 
governor-general's pleasure that they attend him in the 
chamber of the Senate, whereupon they all troop up and 
stand in studied disorder outside the bar. The speaker of 
the Senate then informs them that His Excellency the gover- 
nor-general does not see fit to declare his reasons for summon- 
ing the present parliament until a speaker of the House of 
Commons is elected according to law, whereupon they with- 
draw to their own house, where the leader of the government, 
addressing himself to the clerk (who, standing up, points to 
him with outstretched finger in silence, and then sits down), 
proposes (seconded by a cabinet minister) that Mr. A. B. 
do take the chair as speaker. It is open to any two members 
to propose and second any other member for the office, in 
which case the house makes its selection by vote. When 
the i«sult is declared, the proposer and seconder of the 
successful candidate conduct him to the chair, whence he 
returns his humble acknowledgment to the house for the 
honour done him, and sits down. The mace, the symbol of 
authority, which before lay under the table, is then laid upon 
the table. 

Next day the governor-general again comes down to 
parliament, this time in person and in full state. He takes 
his seat upon the throne. Again Black Rod is dispatched on 
his mission to the Commons, who arrive with the speaker- 
elect at their head, preceded by the sergeant-at-arms bearing 
the mace. Standing outside the bar, the speaker-elect makes 
a reverence to the throne, and in historic phrase acquaints 
His Excellency that the House of Commons has elected him 



I 



388 



THE FEDERAL GOVERNMENT 



in apeaker, despite his unfitness for tlie office, and at the 
same time claims, on behalf of the Commons, freedom of 
speech, and access to His Excellency's person at all seasonable 
times. He does not, as in England and in some Canadian 
provinces, seek the royal approval of his election. The gover- 
nor-general, having, through the speaker of the Senate, con- 
firmed the Commons in the exercise of all their constitutional 
privileges, proceeds to read his speech both in English and 
French, after which the Commons withdraw. Upon reach- 
ing their own chamber the speaker recounts what happened 
in the Senate up to the reading of the speech, of which, he 
•ays, ' to prevent mistakes ' he has obtained a copy. The 
leader of the house then asks leave to introduce a bill gener- 
ally styled ' An Act respecting the administration of Oaths 
of Office,' which is read a first time and never heard of again. 
In fact, there is no such bill. The form is gone through at 
the beginning of each session to assert the right of the Com- 
mons to proceed to business before considering the speech 
from ttic throne, which is then read. On a day fixed for its 
consideration a private member, by arrangement, moves 
an address of thanks to the governor-general for his gracious 
speech, which is duly seconded, and affords the first test of 
^e government's popularity. Should the numerical strength 
of parties in the house be anything like equal, it ' , customary 
for the opposition to move an amendment to this motion, 
censuring the government for some act of commission or 
omission, or simply declaring that they do not possesa the 
confidence of the house. If such an amendment carries, the 
ministry must resign, and the governor-general ' sends for ' 
the leader of the opposition. An adverse vote on the speaker- 
ship is not necessarily regarded as a vote of want of confi- 
dence, because, while the leader of the government generally 
proposes the speaker, he does so in his capacity as leader 
of the house rather than of the government. In England 
the speaker is no ionger regarded as the nominee of a 
party, and is always proposed and seconded by unofficial 
members. 

Parliamentary procedure is too elaborate and intricate a 
subject to be gone into at any length here. It may be well, 



THE HOUSE OF COMMONS a8» 

however, briefly to note « few point* of intwwt connected 
with the conduct of burinew in the Houte of Commoni. 

He who hu witnewed for any length of time the govern- 
mental lyrtem of Canada in actual operation cannot fail to 
have marked the rtrength of party diadpUne, and particularly 
the control exeici«ri by the adminirtration over its parha- 
mentary following. Thi., peAap., is to be ascribed to • 
concurrence of more or lea* favouring conditions. In the 
parliament of Canada there are only two parties, and the 
division between them is clear cut. 'Groups are unknown. 
There is no organiied labour or socialistic vote to harass the 
ministry. Majority and minority are alike homogeneous. 
Then, too, since Confederation successive adnimstrations 
have posseaed ample majoriti»» in parliament, and it may 
be added that, for by far the Uuger portion of the time, each 
side in turn has enjoyed the immense advantage of a suigu- 
larly magnetic leader, whose commanding personality haa 
evoked the respect and devotion of his entire following. 

This manifestation of party discipline— lack of independ- 
ence it is sometimes called— has at least the advantage of 
imparting an element of permanence and stabiUty to Canadian 
institutions, the lack of which is a misfortune to more than 
one popular assembly in the world. _ , j 

The rules of parUament assign two days (Tuesday and 
Friday) in each week to government business. Before the 
session is very far advanced the leader of the house moves 
that for the remainder of the session government ordere have 
precedence on Thursdays. A few weeks Uter he takes 
Wednesdays by the same process ; then Mondays. Last of 
all he appropriates Saturdays, and so has them all. 

A great deal of the work of the House of Commons, mclud- 
ing all private legislation, is performed in the standing com- 
mittees which are struck at the beginning of each session. 
By arrangement between the leaders, both poUtical parties 
are represented on these committees in somewhat the same 
numerical proportion that they occupy on the floor of the 

A private member may introduce a public bill, by which 
is meant a biU dealing with matters of a pubUc nature, but 

VOL. VI '" 



i 



ago THE FEDERAL GOVERNMENT 

unkM he doe* to at an early period of the MMion, then i* 
not much chance of iu reaching a third reading, unlee* he 
can penuade the miniitry to tranifer it to government oidert. 

Money bills (i.e. meaeuree involving a charge upon the 
people) can be ptopoeed only by a member of the government, 
who must announce, when moving the house into committee 
of the whole to consider the resolution upon which a bill of this 
nature is founded, that the governor-general is acquainted 
with the subject-matter of the resolution and recommends 
it to the house. 

Lined up in battle array, the two political parties confront 
one another on the floor of parliament, with the speaker as 
umpire, each vigilant to detect and talce advantage of any 
opportunity that may present itself to score against its adver- 
sary. The chief onslaughts of the opposition are made when 
the minister of Finance moves that the spealcer leave the 
chair and the house go into committee ' to consider of the 
supply to be granted to His Majesty.' In conformity with 
the old rule that redress of grievances must precede supply, 
such occasions afford the most favourable opportunity for 
assailing the ministry. It is then open to the opposition to 
move an amendment against any portion of the government's 
policy, censuring the ministers for what they have done or 
left undone. Each time the minister moves the house into 
committee of supply, a fresh amendment may be moved. 
Such amendments constitute votes of want of confidence, 
and, if carried, entail the resignation of the government. 

To ensure the regular attendance of their supporters, each 
side has several ' whips ' (i.e. aides^ie-camp to the leader 
of the government and of the opposition respectively), whose 
principal duty it is to see that the members under their sur- 
veillance are in their places when the division bells ring, 
steadfast in their allegiance, or, to adopt the shibboleth of 
party, prepared to ' vote right.' The whips, who are of 
course members of the house, perform services of the highest 
importance from a party point of view — services which one 
is tempted to think cannot always conduce to their personal 
popularity. They are supposed to know where every member 
of their party is at any time, and sometimes appear — no 



THE HOUSE OF COMMONS a9i 

doubt involanttrily— in the rtle of diituriien oJ convivial 
atberingi. In important debatea they arrange the order 
o< apeakera, pair membera who cannot be preaent at a divi- 
alon, and In other waya contribute to the amenitiea of political 
warfare. It la true, indeed, that one doea not hear much 
of them i in thla reapect they resemble • the engineers of 
a big transatlantic steamer whom the passengers never see, 
but on whose abiUty, skill and resource the safety of the 
mighty vessel largely depends.' ' 

Though very real personages, the whips are quite unknown 
to the forms of pa.liament. Nor do the journals of the 
house contain any reference to another reality, that mysteri- 
ous body known as the 'caucus,* of whose proceedings, 
though veiled in secrecy, vague rumours occasionally reach 
the press. The caucus, in its simplest form, is the aggregate 
of the supporters of the government or of the opposition in 
both houses. From time to time the members of either 
party meet together, to discuss with their leaders questions 
of policy, to take counsel of one another, to agree on a common 
course of action upon occasions of emergency. Such a meet- 
ing is a ' caucus.' The chairman of the caucus is always a 
private member, generally an old party war-horse of approved 
adelity and worth. 

Ministerial caucuses are summoned by the whips at tne 
instance of the prime minister ; those of the opposition at 
their leader's call. No member of either house is supposed 
to attend the caucus unless he receives a notice from the 
whips to this effect, and stringent precautions are sometimes 
taken to see that this rule is observed. 

Politics play so large a part in the real life of the House 
of Commons that it is somewhat amusing to be told that 
officially the house knows nothing of party stnie. Its 
journals conuin no allusion to political divisions, and in the 
sututes (with one incidental exception in recent yei..,s) 
they are equally unknown. This was illustrated in the 

» T*# Bock of Parliamtnt, by Michael MacDooagb, pp. 367-8. 

• The 30th section of ' An Act respecting the Senate and House of Commons 
(R S C cap. 10) provides that 'To the member occupying the recognised 
position ol leader ol the Opposition in the House of Commons there shall be paid 
ao at^ditional sessional allowance of seven thousand dollars.' 



I 



49* THE FEDERAL GOVERNMENT 

iinpabl parliament not long rinoe, when A. J. Balfom, then 
leader of the oppon'tion, wiehing to refer to hie following, 
apoke of them, not directly ae an oppoaition under hia Imdcr 
ahip, but as ' guntlemen who uaually act with me.' 

The oiiice of ipeaker of the Holm of Commona ia one 
«f great dignity and importance. He is the mouthpiece of 
the houae. He puta all mntiona and announcea the result 
of votee. In the chair he controla the deliberations of the 
ass em bly and enfottxa hia rulings. He ia the iudge of all 
questions of order, subject to an appeal to the jouse. He 
interprets the rules of debate. He reprimands membeii 
when necessary, and in cases of grossly disorderly conduct 
may ' name ' a member, which involves the immediate with- 
drawal of the offender. 

The speaker cannot join in debate while presiding over 
the house, though in committee of the whole he may give 
expression to his views — a privilege of which he rarely availa 
himself. Sometimes, however, he may find it necessary to 
explain certain matters connected with the management of 
the affair* of the house, or to represent the views of his con- 
stituents. The speaker has a casting vote in the event of a 
tie, but not otherwise. While in such a contingency he is 
free to vote as he pleases, the etiquette of the occasion 
requires that he shall so vote as not to preclude further con- 
sideration of the subject by the house. 

The business affairs of the House of Commons arc regu- 
lated by a board styled the Commissioners of Internal 
Economy, composed of the speaker and four members of 
the Privy Council, being at the same time members of the 
House of Commons, appointed by the governor-general. 
These commissioners form an advisory board to assist the 
speaker in regard to appointments, promotions, increases 
of salary, superarmuation, and co ingent expenses of the 
house. 

An officer styled the chairman of conunittees, whose duty 
it is to preside over all committees of the whole house, is 
elected at the first session of each parliament for the life of 
the parliament. By the Act R. S. C, 1906, cap. 13, when- 
ever the speaker of the House of Commons, through illness 



*-*^. 



THE HOUSE OF COMMONS 



193 



or any other cauK, finds it neccMvy to leav* the chair, ha 
may oJl upon the chairman of committeea, or, in hia abacnce, 
any member of the hoiue, to talce the chair and act as deputy 
speaker during the remainder of such day, unlesa he himself 
naumes the chair before the close of the sittings for that day. 

Whenever the house is informed by the cleric at the table 
ci the unavoidable absence of the speaker, the chairman of 
committees, if present, takes the chair, performs the duties 
and enrdses the authority of speaker in relation to all the 
praoeedings of the house, until the meeting of the house on 
the next sitting day, and so on from day to day until the 
house otherwise orders. Should the house adjourn for more 
than twenty-four hours, the deputy speaker continues to 
perform the duties and exercise the authority of speaker for 
twenty-four tiours only, after such adjournment. 

The salary of the deputy speaker is $3000, voted each 
session, in addition to his indemnity as member. 

The speaker at a dissolution of parliament is deemed 
for purposes of administration to be the speaker until his 
successor is chosen by the new parliament. 

The chief oificers of the House of Commons are the clerk, 
the sergeant-at-arms, the law clerk and the clerk assistant. 
The clerk and the sergeant-at-arms are appointed hy com- 
mission under the great seal, and hold office during the 
pleasure of the crown. The clerk assistant, the bw clerk, 
and the chief clerks at the head of the various branches, as 
well as the other membeia of the f taff, including tko clerks 
of committee, are appointed by the speaker. 

The clerk sits at the table (as does also his assistant). 
He is supposed to prepare the daily record of the proceedings 
of the house, which is called the ' Votes and Proceedings," 
though this work is now done under his responsibility by 
a special officer. The clerk has the custody of all papers 
of the house, and generally assists the speaker. The clerk 
assistant reads whatever requires to be read to the house, 
calls out the names of the members when a division is being 
taken, and reads the titles of all bills. 

The sergeant-at-arms occupies a special seat near the 
bar. He attends the speaker with the mace, carries out the 



I 






394 



THE FEDERAL GOVERNMENT 



orders of the house, arrests ail persons ordered to be taken 
into custody, and is responsible for their safe keeping ; he 
preserves order in the precincts of the house, and exercises 
a general supervision over the messenger service. 

The clerk of the crown in Chancery, though appointed 
by commission under the great seal, and consequently a 
crown officer, is, in some respects, an officer of parliament as 
well. He issues writs for elections of members of the House 
of Commons, and at the opening of the first session of a new 
parliament is present at the table of that house, where he 
hands the clerk the coll containing the names of the members 
elected to serve. He also attends in the Senate chamber 
at the ceremony of giving the royal assent, and from his 
place at the table reads the titles of the bills about to become 
law. Proclamations summoning, proroguing and dissolving 
parliament, though issued under the great seal, emanate, by 
command, from the office of the clerk of the crown in Chan- 
cery ; and until recent years writs of summons, addressed to 
senators, now attested by the secretary of state of Caiuida, 
were signed by him. 

No system of closure or other impediment to the freedom 
of debate exists in the parliament of Canada. Every member, 
provided he conforms to the rules, may speak to a motion 
without any limitation of time. Upon rare occasions of 
persistent obstruction, mutterings are sometimes heard of 
the necessity for the introduction of some such restriction, 
but the privilege of free speech remains uncurtailed. 

The House of Commons consisted in 1912 of 221 members, 
of whom Ontario sent 86, Quebec 65, Nova Scotia 18, New 
Brunswick 13, Manitoba 10, Saskatchewan 10, British 
Columbia 7, Alberta 7, Prince Edward Island 4, Yukon 
Territory i. The representation is directly proportional to 
population, and is based on that of Quebec. After every 
census the populatipn of Quebec is divided by sixty-five, and 
the quotient forms the unit of representation in the other 
provinces. The members are elected under the provincial 
franchises. No property qualification is required, but a 
member must have attained the age of twenty-one years and 
be a British subject by birth or naturalization. 



k. 



THE HOUSE OF COMMONS 295 

When a bill passes both houses it is examined by the 
minister of Justice, who submits it to the goveraor-gtneral, 
with a certificate to the effect that in his opinion there exists 
no objection to the royal assent being given thereto, where- 
upon the governor-genera' ~. tei on each bill the words, 'I 
assent to this Bill in Hit Majesty's nai. ? ' and signs it. At 
the ceremony of pioro ;itirn the cli r'. of the crown in 
Chancery reads the titU.i ci all the bi Is passed during the 
session, after which the der'' of fhe Senate announces that 
' In His Majesty's name His Excellency the Governor- 
General doth assent to these Bills." 

In the case of the Supply Bill the procedure is somewhat 
varied. This important measure is presented by the speaker 
of the House of Commons in the following words : 

May it please Your Excellency : 

The Commons of Canada have voted the supplies re- 
quired to enable the Government to defray the expenses 
of the public service. In the name of the Commons I 
present to Your Excellency a bill intituled ' An Act for 
granting to His Majesty certain sums of money for tte 

Fublic service of the financial year, ... to which Bill 
humbly request Your Excellency's assent. 

The royal assent is then pronounced by the clerk of the 
Senate in these quaint words : 

In His Majesty's name His Excellency the Governor- 
General thanks his loyal subjects, accepts their bene- 
volence, and assents to this Bill. 

The original acts are then confided to the custody of the 
clerk of the parliaments. 

By the British North America Act, 1867, the governor- 
general, with reference to bills passed by the houses of pariia- 
ment, is directed to declare according to his discretion, but 
subject to the laws and to the royal instructions, either that 
he assents to a bill in the king's name, or that he withholds 
the king's assent, or that he reserves the bill for the signifi- 
cation of His Majesty's pleasure. Previous to 1878 the 
governor-general's instructions forbade him to give the 
royal assent to 



■96 THE FEDERAL GOVERNMENT 

I. Any Bill for the divorce of persons joined together 
in holy matrimony. 

a. Any Bill whereby any grant of land or money, or 
other donation or gratuity, may be made to yourself. 

3. Any Bill whereby any paper or other currency may 
be made a legal tender, except the coin of the reahn or 
other gold or silver coin. 

4. Any Bill imposing differential duties. 

5. Any Bill, the provisions of which shall appear in- 
consistent wim obligations imposed upon Us by Treaty. 

6. Any Bill interfering with the discipline or control 
of Our forces in Our said Dominion by land and sea. 

7. Any Bill of an extraordinary nature and importance 
whereby Our prerogative, or the rights and property of 
Our subjects not residing in Our said Dominion, or the 
trade and shipping of the United Kingdom and its de- 
pendencies may be prejudiced. 

8. Any Bill containing provisions to which Our assent 
has been once refused, or which has been disallowed by 
Us : 

Unless such Bill shall contain a clause suspending the 
operation of such Bill until die signification in Our said 
Dominion of Our pleasure thereupon, or unless you shall 
have satisfied youi^elf that an ui^;ent necessity exists, 
requiring that such Bill be brought into immediate opera- 
tion, in which case you are authorized to assent in Our 
name to such Bill, unless the same shall be repugnant to 
the law of England or inconsistent with any obligations 
imposed on Us by Treaty. But you are to transmit to 
Us tnr the earliest opportunity the Bill so assented to, 
together with your reasons for assenting thereto. 

When the governor's instructions were revised in 1878, 
under circumstances already set forth in this article, all 
directions respecting the reservation of bills for the significa- 
tion of the royal pleasure were omitted, and since that date 
the number of reservations has been very small. There are 
no instances on record of a governor-general of Canada 
mthholding the royal assent, as distinguished from reserving 
a bill for the signification of the sovereign's pleasure. 

When a bill is to be reserved, the practice is that im- 
mediately after the royal assent has been given to the other 
measures passed during the session, but before the Supply Bill 



% 



THE HOUSE OF COMMONS 297 

is assented to, the clerk of the crown in Chancery reads the 
title of the offending measure, whereupon the cleric of the 
Senate announces that ' His Excellency the Governor-General 
doth reserve this Bill for the signification of His Majesty's 
pleasure thereon,' and the measure remains inoperative until 
the royal assent is announced by proclamation of the governor- 
general in the Canada Gatelte.'- 

Acts of the parliaments of Canada are subject to disallow- 
ance by the king in council at any time within two years of the 
receipt thereof by one of His Majesty's principal secretaries 
of state. An instance of the exercise of this power before 
Confederation is afforded by the disallowance, in 1847, of the 
act of the Province of Canada (lo-li Vict. cap. 43) for the 
incorporation of the town of Bytown (now Otta- s). Only 
one act of the Dominion parliament has suffered this fate — 
33 Vict. cap. 14, commonly known as the Oaths Bill, which 
was disallowed in 1873 as being ultra vires of the parliament 
of Canada. 

The House of Commons may last for five years from the 
date of the return of the writs summoning it, but is subject 
to earlier dissolution by the governor-general. The preroga- 
tive of dissolution is virtually vested in the prime minister, 
a power which adds enormously to his authority and prestige. 
This is not to say that a governor-general is bound automatic- 
ally to grant a dissolution in the case of, say, a newly elected 
parliament, at the mere caprice of his chief adviser. As the 
guardian of the prerogative, it is at once his right and his duty 
to require a reason justifying its exceptional exercise, and 
no prime minister would lightly expose himself to the risk 
of refusal by advising a course in defiance of constitutional 
precedent. At the same time the constitution is flexible, and 
when the expediency of a dissolution is manifest the reasons 
for granting it are seldom wanting. 

The form in which advice is tendered to the governor- 
general will be explained later. Let it suffice to say here that 
when a prime minister has decided to dissolve, he causes a 

* On Jane a, 1886, ' An Act further to amend the Act raepecting fishing by 
foreign vessels ' was rewrved for Her Majesty's pleasure. The royal assent thereto 
was given on November 26, 1886, and the fact was announced by proc lam a ti no 
dated December 24, 1886. 

VOL, VI a P 



i 






398 THE FEDERAL GOVERNMENT 

minute of council to be passed recommending the issue of a 
proclamation dissolving die existing House of Commons, and 
calling a new parliament to meet on a certain day. The 
minute submits the date of the writs, the date of nomination, 
and the date of the return of the writs. On the approval of 
the governor-general being given the proclamation issues 
accordingly. Another minute is passed recommending the 
appointment of the returning officers, which when approved is 
sent to the clerk of the crown [n Chancery, who thereupon 
dispatches the writs with all speed, together with the requi- 
site topies of the necessary proclamation to be posted up in 
each constituency, ballot-papers, ballot-boxes, and the whole 
paraphernalia of an election. When the polling is over the 
returning officer endorses the result upon the writ and returns 
it to the clerk of the crown in Chancery, who gazettes the new 
member. 

In recent times there has been much public discussion 
of mandates and pledges and referendums. The unwritten 
portion of the Canadian constitution is anything but fixed. 
A constant development seems to be in progress. Perhaps in 
the course of evolution the day may arrive when a member 
of parliament will no longer be a representative, but merely 
a delegate, a sort of telephone *hrough which his constituents 
will convey their wishes to the go'/emment of the day. So 
far, however, the parliament of Canada has proceeded on the 
ancient lines of the British constitution, under which a 
member represents not merely his own constituency but the 
whole country, and is sent to parliament to act according to 
his best judgment in the interest of his constituents. These 
should look up to him for guidance, not he to them, like 
the French revolutionist who pleaded in excuse for his 
excesses : ' Had I not to follow them ? Was I not their 
leader ? ' 

The mandate theory has never been applied in Canada. 
The Reciprocity Treaty of 1854 was negotiated in the last 
days of an expiring parliament. Confederation was agreed 
to in March 1865 by a legislature elected nearly two years 
before on quite different issues. The North- West Territories 
were acquired, the Canadian Pacific Railway contract was 



THE HOUSE OF COMMONS 



499 



entered into, and the Transcontinental Railway waa buiU on 
the authority of parliaments elected to adnunister the affairs 
of Canada, but without any mandate m respect of these 
particular policies. Apart from the enormous expense and 
difficulty involved in appealing to the people on every occasion 
where a policy which did not happen to have been under 
discussion at the preceding general election is proposed by the 
government, it is not easy to see how such a system could 
work in practice, without changing the whole character and 
functions of parliament. j • . . 

Should a ministry suffer defeat at the polls by a decisive 
majority, it is customary for it to resign without waiting for 
an adverse vote in pariiament, notwithstandmg that it is 
only through the House of Commons that the will of the people 
can be constitutionally expressed. This procedure^ dictated 
by reasons of convenience, was inaugurated by Disraeli in 
1868 and, though pronounced at the time to be an unusual 
course,' has since been followed both in England and m 
Canada, the defeated ministiy remaining in office only long 
enough to complete unfinished business and to set its affairs 
in Older. The length of the interval between the date ot 
polUng and the resignation, though dependent upon circum- 
stances, does not ordinarily extend beyond three weeks.' 
ShouU, however, the result of the elections be inconclusive 
ministers, even though there may appear to be a smal 
majority against them, are justified in holding office until 
they learn their fate from a vote of the House of Commons. 
In such a contingency the new parliament should be sum- 
moned without delay. .. ^ . a j j t^,t „t 
The propriety of a ministry which has suffered deteat at 
the polls advising appointments before going out of office 
has been a question of periodical interest in tecent years. 
Until 1878 it seems to have been the recognized practice tor 
an outgoing government to fill vacancies existing on the day of 
polling. The Mackenzie administration was overthrown on 

• Th.MKfc:n«ie goveram. -it, delwted at the poU» on S.ptembo 17, >378. 
„^Ji in cffic. until October .6; but Sir Ch«l» Tnpper, del»t^ on 
5une 23. .8,6, resigned on Jnly 8. and Sir Willnd Launer, defeated on 
September ai, 1911, resigned on October 6. 



T. f. I 



'!4J 



300 THE FEDERAL GOVERNMENT 

September 17 of that year. Yet between that date and tlw 
■wearing in of hi* succeaaor, Mackenzie appointed a Supreme 
Court judge, a judge of the Superior Court of Lower Canada, 
and filled other important vacancies then exiating, both in 
the inside and outside service, as a matter of coune. His 
action provoked no adverse comment. Upon the defeat of 
Sir Charles Tupper in 1896 the govemor-general of the day 
(Lord Aberdeen) refused to allow certain judgeships and 
aenatorships to be filled, on the ground that his advisen 
had lost the confidence of the people. This precedent was 
accepted by the Laurier government in igu, and apparently 
commends itself to popular opinion. Nevertheless, the prac- 
tice of allowing a defeated ministry to fill up vacancies seems 
more conformable, at once to the best traditions of English 
public life, and to those chivalrous instincts which in all 
civilized, and some uncivilized, communities prompt generous 
treatment of a fallen foe. 

The CABDrer 

The cabinet is in name and in fact a committee of the 
Pnvy Council, selected by the prime minister from among 
those councillors who possess the confidence of the House of 
Commons. It is also in a real and true sense, as Bagehot 
well says, ' a board of control chosen by the legislature out 
of persons whom it trusts and knows, to rule the nation. . . . 
A combining committee— a hyphen which joins— a buckle 
which fastens the legislative part of the state to the executive 
part of the state. In its origin it belongs to the one, in its 
functions it belongs to the other." 

As will be inferred from the foregoing, a cabinet minister 
must possess a seat in one or other branch of the legislature— 
not necessarily on appointment, but within a convenient period 
thereafter. If not actually a privy councillor, he must be 
sworn of that body as a condition precedent to his entry into 
the cabinet, for it is from the ranks of the Privy Council 
that cabinet ministers are drawn. In law the Privy Council 
remains the advisory body— the cabinet is unknown. It is 
undoubtedly a singular fact that this body, all-powerful under 



;|f 



THE CABINET JM 

the British syttem of government, should have no legal 
existence. The cabinet is never mentioned in any act of 
parliament It keeps no record of its own proceedings, or 
even of its meetings, which are secret. No secretary or clerk 
is present thereat. Its number is not fixed. The names of its 
members are not to be found collectively in any public docu- 
ment They are not even officially announced, save by the 
prime minister, verbally on the floor of parliament, and then, 
it may be, months aft^r the cabinet has been formed. Should 
the life of a ministry lie wholly within a parliamentary recess, 
that is to say, should the new cabinet never have met parlia- 
ment, its composition might not be officially known at all. 
No formalities attend admission into its ranks, nor is any oath 
taken by a member of the cabinet as such. 

The function of the cabinet is to advise the governor- 
general in all matters appertaining to the carrying on of the 
government To this end its members meet together and 
deliberate upon affairs of sUte calling for consideration and 
action. Questions are freely discussed at cabinet meetings, 
and, in cases of pronounced differences of opinion, are some- 
times decided by vote ; but once a line of policy is agreed upon, 
whether by general assent, by the rule of the majority, or 
by the dominating influence of the prime minister, all the 
members are equally responsible for the decisions arrived at 
and are equally bound to support and defend them or resign. 

There is not a fixed number of cabinet ministers. The 
first Dominion ministry contained thirteen members, and this 
number has never been grtatly departed from. In 191 2 there 
were fifteen portfolios, held by the president of the Privy 
Council, the ministers of Finance, Justice, Public Works, 
Railways and Canals, Customs, Inland Revenue (who is also 
minister of Mines), Marine and Fisheries (who is also minister 
of the Naval Service), Militia and Defence, Agriculture, the 
Interior (who is also the superintendent-general of Indian 
Affairs), Trade and Commerce, Labour, the secretary of state 
of Canada (who is also secretary of state for External Affairs, 
and presides over the department of the King's Printer), and 
the postmaster-general. 

In the formation of a cabinet among many practical 



It 



m 



I 



9» 



THE FEDERAL GOVERNMENT 



considerations to be borne in mind, care must be taken to 
see that the various geographical and racial divisions of the 
Dominion are represented, with some regard to their relative 
importance. Thus, at present (1912), Onurio has 7 members, 
Quebec 5, the Maritime Provinces 2, the Prairie Provinces 3, 
and British Columbia i, but there is no fixed rule in the 
matter, and it is to be hoped that Canadians will soon out- 
grow the parochial spirit which, by insisting upon such pro- 
vincial limitations, hampers the choice of the prime minister. 

While the heads of public departments of the government 
of Canada are always cabinet ministers, it is well to remember 
that the cabinet minister, who is at the same time head of a 
department, occupies a dual position. He is an adviser of 
the crown. As such he receives no formal appointment. He 
takes no oath of office, is paid no salary, and his tenure is 
wholly dependent upon the prime minister. But, in addition 
to this, he is head of a department of government. As such 
he fills a public office to which he is appointed by commission 
under the great seal. He receives a salary for the discharge 
of duties which he takes an oath to perform. This office he 
holds, irrespective of the life of the prime minister of the 
cabinet, until he resigns or is superseded. Thus it is that 
after the dissolution of a cabinet by the prime minister's death 
or resignation, the heads of departments continue to perform 
ministerial functions until their successors are appointed. 

A cabinet may contain one or more members who hold no 
ministerial office. These are called ministers without port- 
folio. They are simply members of the Privy Council in 
respect of whom the prime mnister has directed the clerk to 
send a notice of the cabinet meetings. Without further 
ceremony they attend. Such members have the same status 
and voice at cabinet meetings as the holders of portfolios. 

The solicitor-general is a member of the ministry, but not 
of the cabinet. He is not necessarily a privy councillor, and 
is therefore not an adviser of the crown. 

Though adhering to the British constitutional principle 
which requires every act of the crown to be performed on the 
advice of responsible ministers, the Canadian practice has 
not maintained that distinction between the cabinet and the 



o'jr,^:3?5iewaa 



THE CABINET 303 

Privy Council which exi«t» in England. There the cabinet 
aiMmble* informally to advise the aovereign on matters of 
public policy, not to perfonn any ministerial act. Its meet- 
ings are quite distinct from those of the Privy Council, which 
ari held for the transaction of the business of state, such as 
the issue of proclamations, orders-in-council bringing sutu- 
tory provisions into effect, anH other formal acts of govern- 
ment, for it is only through \.Avy councillors that the crown 
candoanytiiing. A Privy Council may be composed of three 
or more councillors— not necessarily cabinet ministers- 
drawn from members c.' the government, the great officers of 
state, or other members of His Majesty's household, and 
members of either house of parliament in political sympathy 
with the government. Its function is to carry into effect 
advice given to the sovereign by the cabinet, or to discharge 
duties imposed upon it by statute. The king is never present 
at cabinet meetings. His Majesty, however, frequently pre- 
sides at Privy Councils. On extraordinary occasions a full 
meeting of the Privy Council is convened, with the sovereign 
in the chair, to which every privy councillor is summoned (on 
the advice of the cabinet), but this ceremony is very rare. 

Canada has in actual practice combined the functions of 
these two bodies. The cabinet stands in the same advisory 
and consultative relation to the governor-general in respect 
of general questions of policy as the English cabinet occu- 
pies towards the sovereign. It sits also, at the same time, 
as a committee of the Privy Council, and as such transacts 
a vast amount of administrative business which in England is 
dealt with through the Privy Council, or departmentally by 
individual ministers. This is indeed its principal function. 

The business dealt with by the cabinet in its executive 
capacity is of the most varied character, and includes practi- 
cally every act of importance pertaining to the administration 
of the military, naval, financial and postal sen/ices — the regu- 
lation of matters relating to trade and commerce j navigation 
and shipping ; the fisheries. Dominion lands, Indians ; the 
letting of contracts for public works ; the approval of railway 
plans and specifications ; appointments to office of all ranks 
and degrees, from a lieutenant-governor to a tide-waiter; 



i 



30* 



THE FEDERAL GOVERNMENT 



cxteraal aflaira, the dvil lervice, and a hoat of other raatten, 
many of which, one ii tempted to think, might with advan- 
tage be dealt with departmentally. 

In all thea>- matters the cabinet acts only in an advisory 
capacity. It is the governor-general's approval that makes 
the cabinet's recommendations effective. 

Cabinet meetings are summoned by the clerk of the Privy 
Council, who notifies each minister in the following terms : 

Sn, 

I am directed to request you to attend a meeting of the 
Committee of the Privy Council to be held to^lay at 
. . . o'cijck. 

Four ministers are considered necessary to form a quorum 
for a cabinet council. In pre-Confederation days the governor- 
general was enjoined by his instructions not to permit his 
council to proceed to business unless one-third of the members 
were present In the instructions issued to Lord Dufferin in 
1873 the one-third was changed to four members. \A/hen the 
governor-general's commission and instructions were revised 
in 1878 in tni- manner already explained, all reference to a 
quorum wis oti i cted, but the tradition requiring four members 
has endured till the present day. 

The governor-general never attends the deliberations of 
his cabinet, though he has been known formally to preside at 
a council summoned for the performance of a ceremonial act, 
such, for example, as the first meeting with his ministers, or 
the swearing in of a privy councillor. 



Thb Pewe Minister 

The leading personage in the government unquestionably 
is the prime minister — the choice at once of the governor- 
general and of the people, and the principal intermediary 
between the two. As chief adviser of the crown, it is he who 
moulds and directs the policy of the administration. To 
him belongs the right of choosing his colleagues, subject to 
the approbation of the governor-general. He can at any time 
call for the resignation of any minister, and his withdrawal 



THE PRIME MINISTER 30S 

fn>m office c»rrie« with It the diiwlution o» Ae »biii*t. 
The decUioM of the miniitty on queitioiii of public policy lie 
communicated to the govemor-gaierel by the prime mimiter, 
who u the •pokeman for the cabinet, end upon whom reett 
in a very ipecial degree the reeponiibiUty for advice tendered 
to the lovcnign'* repreienUtive. 

While thus influential in the coundla of the crown, the 
prime minister ii at the Kune time the acknowledged chief 
of the dominant party in parliament, and U thui entitled u> 
speak in the name of the whole nation. Vet, etrange a» it 
mayappear, thia office, which unitea in itielf the authority 
of the crown and of the people, is unknown to the consUtutoon. 
and. with one trifling exception,' is untecogniied by law. 
The prime minister, as such, has no precedence over any 
other member of the Privy Council, and in die cabinet may 
find himself overruled or outvoted. It is of course riways 
open to him to force the resignation of one or all of tas col- 
leagues at any time, and in this way he possesses a reserve 
power which he can bring into play whenever he conceives 
the question at issue of sufficient moment to warrant its 
exercise. This naturally gives him a degree of weight not 
enjoyed by any other minister, but a wise prime minister dooj 
not often invoke his supreme authority, and as regards all 
ordinary acts of administration is content to abide by the 
judgment of his colleagues. 

The office of prime minister is conferred by the governor- 
general, who upon the resignation of his advisers ' sends for 
—in theory, whomsoever he pleases— in practice for the 
recognized leader of the opposition in parliament, and en- 
trusts him with the formation of a new admimstratton. The 
person to whom this duty is confided confers with the leading 
members of his political party, and when ready submits the 
names of his proposed colleagues to tiie governor-general, 
who signifies his approval of the arrangements. Thereupon 
the ministry is formed. Such of the members designated as 
do not belong to tiie Privy Council are tiien sworn of tiiat 

> R S C. duptBT 4, ■«ction 4, luhMCtioil 2, provide. U»t • Th. Member ol tte 
Ki.,? Privi^cil holdi,., the ™cop.i«d p»ita. 01 Fu.t Mm»t.r d»U 
leodve in Jditioo [to hi. «J«y a. minister) five thoo-nd dolUr. p« "mom. 
VOL. VI ' '' 



i\ 



i 



306 



THE FEDERAL GOVERNMENT 



body, after which Mch om is appointed by coromiMioa under 
the great teal to the portfolio awigned to him. Before aeeum- 
ing chaiga of hie department the newly appointed miniater 
takei the oath of office in the presence of the governor-general. 
Should the penon commiieioned by the govemor-genenl to 
fbcm a ministry fail in the task, he so acquaint* His Excel- 
lency, who thereupon invites suggestions as to whom he should 
call upon, or seeks advice elsewhere. 

During the interval between the resignation of one ad- 
ministration and the assumption of office by another, the 
outgoing ministers, though no longer in a position to advise 
the crown collectively, continue to discharge their ministerial 
functions as heads of departments until their successors an 
appointed. 

For a considerable period in the history of Canada the 
office of prime minister was not in reality held by one person, 
but might almost be said to have been in commission. From 
die union of the two Canadas in 1841 down to Confederation, 
if the leader of the government were from Upper Canada, hi* 
most influential French-Canar^ian colleague shared with him 
the authority and prestige of the first minister. If, on the 
other hand, the leader came from Lower Canada, his English 
lieutenant was associated with him in the office of chief adviser 
of the crown. Thus there was successively the La Fontaine- 
Baldwin, the Hincks-Morin, the Macdonald-Cartier, the 
Brown-Dorion, the Macdonald-Sicotte, and the Tachi-Mac- 
donald administrations. So unsatisfactory was this felt to 
be that, when entrusting Sir John Macdonald with the for- 
mation of the first Dominion ministry, the governor-general 
deemed it necessary to observe to him : ' In authorizing you 
to undertake the duty of forming an administration for the 
Dominion of Canada, I desire to express my strong opinion 
that in future it shall be distinctly understood that the position 
of First Minister shall be held by one person, who shall be 
responsible to the governor-general for the appointment of the 
other ministers, and that the system of dual First Ministers, 
which has hitherto prevailed, shall be put an end to.' And 
this was done. 

The governor-general selects his prime minister, and the 






THE PRIME MINISTER sn 

nime miniiter aelecti hii colle«guM. Both cooititutioiially 
Iuv« entire freedom of choice, yet both are drcuoucnbed in 
in tmvin. For, u the governor-general it virtually re- 
■tikted in hi* choice of a chief adviaer to the leader of the 
oppoiition or to the penon whom that gentleman may recom- 
mend, the prime minister, in turn, ii limited in the forma>- 
tioo of hia cabinet by various consideratiooi, one being that 
hit new colleague* muit be member* of one or other branch 
of the legislature, and must also be accepuble to the House of 
Commons, or more particularly to the members coming from 
the province which they are to represent in the cabinet. It 
i* alM> extremely desirable that a cabinet minister should be 
pasima pala with, or at least not personally objectionable to, 
the governor-general, for although the constitutional obliga- 
tions of his office might require a governor to subordinate his 
own feelings, even in such a case, to the exigencies of the public 
•ervice, those exigencies must surely be grave which would 
justify B prime minister in forcing upon the representative of 
the crown as a confidential adviser one with whom, for one 
reason or another, all personal relations might be distasteful, 
if not Impossible. 

While all appointments under the crown are made on the 
advice of the cabinet, certain high positions are, by custom 
and common consent, held to be peculiarly in the gift of the 
prime minister. Chief among these are the offi r,es of cabinet 
minister, lieutenant-governor, privy councillor, the speaker 
of the Senate, and chief justices of all courts. The clerks 
of the Senate and House of Commons, the sergeant-at-arms 
and other crown office™ of the upper and lower houses, the 
librarians of pariiament, members of the Treasury Board 
and of the Committee of Internal Economy of the House of 
Commons, likewise are made on his recommendation. To 
him also belongs the special right of advising the crown in 
respect of the convocation and prorogation of parliament, as 
well as the dissolution of the House of Commons. 

In filling the higher offices of state— as, for example, 
lieutenant-governorships— it is customary for the prime 
minister to acquaint the governor-general, in advance of the 
formal minute of council, with the name of the person whom it 



n 



I 



tii 



308 



THE FEDERAL GOVERNMENT 



ii 



i ■ I 



M 



Ai 






is intended to recommend, together with a few particulan 
not contained in the official aubnuarion, indicating his fitnen 
for the position. Tliia is done as a matter of courtesy, in 
order that the governor-general may Icnow something before- 
hand of the person whose appointment he is to be aslced to 
sanction. 

Though on all important questions of public policy the 
prime minister is the intermediary between the crown and 
the cabinet, individual ministers have the right, as privy 
coundllors, to communicate directly with the governor-general 
in respect of matters pertaining to their several departments. 
It is now proposed to consider tiiese departments somewhat in 
detail. 

Tbk Psesident of the Peivy Council 

The president of the king's Privy Council for Canada, 
like all political heads of departments, is appointed by 
commission under the great seal, and holds office during 
pleasure. There is no direct parliamentary creation of this 
portfolio, nor of the Privy Council office over which the 
president has charge, which therefore, strictly speaking, is 
not a department of state, though for practical purposes 
accounted as such. The principal duty of the president is to 
preside at cabinet councils, of which, when present, he and not 
the prime minister is chairman. The latter, as has been said, 
enjoys on such occasions no formal pre-eminence over his 
colleagues. In the present cabinet (1912) the prime minister 
is the president of the council, but such has not always been 
the case. Sir John Macdonald successively united several 
portfolios with the office of first minister, and at the time 
of his death was minister of Railways and Canals. Alexander 
Mackenzie was minister of Public Works during the whole 
course of his premiership. Sir John Thompson was minister 
of Justice ; Sir Charles Tupper secretary of state. In the 
earlier years of Confederation the presidency of the council 
was generally filled by the junior minister, and, with the 
exception of a few months in 1877, during which Edward Blake 
held the portfolio, this continued to be the rule until 1883, 



II 



THE PRESIDENT OF THE PRIVY COUNCIL 309 
when Sir John Macdonald took the office of president, which 
in 1889 he rel' quished for the portfolio of Railways and 
Canals. In 1891 Sir John Abbott, and in 1894 Sir Maclcenxie 
Bowell, held the presidency of the council in conjunction with 
the premieiahip, and their example was followed in 1896 by 
Sir Wilfrid Laurier, whose long tenure of the position almost 
identified it in the public mind with that of first minister, 
from which, however, it is distinct. 

Business of the various departments requiring the sanction 
of the governor in council comes before that body in the form 
of reports from the minister at the head of the department 
concerned, addressed 'To His ExceUency the Governor- 
General in Council.' These reports are laid before the council 
for consideration. Such of them as relate to matters of finance, 
revenue, expenditure, including appointments to the civil 
service and promotions therein, are referred, without altera- 
tion, by the president to the Treasury Board, a body whose 
functions will be explained later. The remaining reports Me 
minuted in the Privy Council office, that is to say, while 
preserving their substance, they are so changed in form as to 
become reports of the cabinet, or rather of the committee of 
the Privy Council, as the cabinet is always officially styled. 
In this form they are known as minutes of council. At 
cabinet meetings these minutes are read one by one byj*^ 
president, who signs each minute as it is agreed to. The 
minutes passed at a sitting are combined to form one report, 
which is entitied ' Report of a Committee of the Privy Council 
on matters of state referred for their consideration by Your 
Excellency's command." This report is submitted by the 
president to the governor-general, who approves each minute 
separately by writing thereon the word ' approved," followed 
by his name and the date, and returns them to the president. 
They are thence correctly known as approved minutes of 
council, or, in general parlance, ' orders-in-council," though 
there may be nothing mandatory about them. 

In certain cases corresponding to those which in England 
call for action by the Privy Council, such as the carrying 
into effect of statutory provisions, the cabinet passes what 
are rightly desigMted ' ordera-in^ouncil.' Any issue of 






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310 



THE FEDERAL GOVERNMENT 



tiie Canada Gantte, taken at random, contains aevcfal 
wch orden-in-coundl. One amends the regulations govern- 
ing the administration of timber lands widiin the Rocky 
Mountains. Another establishes certain standards of quality 
for beverages and fruit juices. A third disallows an act of a 
provincial legislature. A fourth directs the issue of a pro- 
clamation fixing a public holiday. A fifth approves a seal of 
office. 

In their original form all these are reports to the gowcmor- 
gensial in council from ministers at the heads of departments. 
As such they reach the Privy Council office, whtra, instead 
of being turned into minutes, they are given a mandatory 
form. 

When a minute or order-in-coundl is passed, that is, 
when it is approved by the govemor-general, a copy, certified 
by the clerk of the Privy Council, is sent with all convenient 
speed to the department especially concerned, and if the 
subject-matter in any way relates to the payment of money a 
second copy is supplied to the auditor-general. 

Cabinet meetings are held with greater or less frequency 
according to the requirements of public business. During tbt 
seanon of parliament a meeting is called for every day on 
which the house sits, in order to enable ministers to talk over 
tha order paper and agree upon their course of procedure in 
parliamsnt. On Saturdays during session the cabinet gener- 
ally sits all day, disposing of departmental business which has 
accumulated through the week. During the summer months 
the cabinet meetings are shorter and less frequent, but with 
the approach of autumn and a new session they increase in 
number and in length. Any member of the cabinet can cause 
m meeting of the council to be summoned by instructing the 
clerk to diat effect. 

Apart from presiding over cabinet meetings, the president's 
duties, as president, are largely nominal, though he may be 
assigned other functions by the governor in council. The 
permanent head of the council office is styled the clerk of the 
Privy Council. He ranks as a deputy head of a department, 
or, rather, before all deputy heads. There ia an assistant 
clerk of the council and a staff of thirteen clerks. 



THE MINISTER OF FINANCE 



3" 



The Minister of Finance 

Unlike the practice wliich obtains in England, where the 
ofiicial status of a cabinet minister is detennined by the 
office he holds, Canadian miniBtere of the crown take rank 
accoiding to their individual seniority on the roll of the Privy 
Council, irrespective of the portfolios assigned to them. 
Thus the minister of Justice might be the senior privy coun- 
cillor in the cabinet, in which case he would take precedence 
of all his colleagues, while his successor in that office, if 
but recently sworn of the Privy Council, might be the junior 
at the council board. 

Although this order is observed in Canada on all ceremonial 
occasions, the rule otherwise finds an exception in the person 
of the minister of Finance, who, irrespective of his seniority 
as a privy councillor, is, as regards weight and influence, 
generally looked upon as second only to the prime minister. 
This is illustrated in the House of Commons, in which assembly 
he sits on the prime minister's right hand, and, in the absence 
of the latter, leads the house— marks of deference whi^a are 
partly accounted for when his relation towards that body is 
understood. , 

The minister of Finance and receiver-general— to give him 
his full title— is the member of the cabinet primarily respon- 
sible to parliament for the finances of the country— a matter 
always of special concern to the House of Commons. He 
has the principal voice in the imposition and regulation of 
taxation. He negotiates the loans from time to time required 
for the public service. He largely controls the expenditures. 
It is his business to ask parliament to vote the amounts 
necessary to the carrying on of the government. Nor is his 
influence in fiscal matters confined to the House of Commons. 
It is felt in every branch of the executive government, 
and is a potent factor in the council chamber itself, where 
he sometimes discharges the not altogether agreeable duty of 
criticizing and, it may be, of opposing such projectt of his 
colleagues as would involve a larger expenditure than, in 
his judgment, the resources of the country should be called 
upon to bear. 






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313 THE FEDERAL GOVERNMENT 

Some weeks befoie pariiament meeto, eitiinates of the 
sums needed for the «ervice» of the ouuing year ue lub- 
mitted by the various departments to the minister of Finance, 
who lays them before the cabinet, where they are discussed item 
by item. In these discussions the minister fills the r61e of a 
censor, with a view to curtailing, as far as may be consistait 
with the requirements of the pubUc service, the demands of his 
colleagues upon the Treasury. 

The estimates, when finally agreed upon, are brought 
down to the House of Commons by message from the gover- 
nor-general, without whose authority no measure mvolvmg 
any charge upon the people can be received or considered. 
This message is presented by the minister of Finance, who 
moves that it and the estimates be referred to the Committee 
of Supply. Parliament votes the money in the form of a 
grant to the sovereign. When the royal assent is given to 
die Supply Bill, a minute of the Privy CouncU is ia«ed, on 
the recommendation of the minister of Finance, by which 
the govemor-general, as the representative of the crown, 
' releases ' these supplies, placing them at the disposal of the 
several departments. When a department wishes to draw 
upon any special vote, the deputy minister asks *e auditor- 
general for a credit on any of the banks m whidi pubhc 
moneys are kept. These credits are issued by the mmistw of 
Finance on the appUcation of the auditor-general, who first 
satisfies himself that parliament has provided the money, 
and that the amount asked for is not in excess of the appro- 
priation. The advances are subsequently recouped to the 
bank by the minister of Finance. In certain circumstances, 
instead of a credit, cheques are issued, but in both cases it is 
'ie minister of Finance who holds the purse, and thus eju 
cises in the manner described an effective check upon tie 

public expenditure. 

Another point of contact between the several departtnente 

and that of Finance is to be found in an officer of the minister 
of Finance, styled the ' accountant of contingencies, who 
deaU with the contingent accounts of the whole inside service. 
BilU for printing, stationery, telegraphing, postage, travel- 
ling expenses, extra clerks, and all manner of petty expenses, 



li 



THE MINISTER OF FINANCE 



313 



after Having been certified by the deputy head under whooe 
authority they were incurred, are sent to the accountant of 
contingencies for payment. 

The department of Finance was originally known as that 
of the inspector-general. In 1859 (by 23 Vict. cap. 14) the 
name was changed to its present designation. There existed 
in those days, and for some years after Confederation, another 
financial department — that of the receiver-general — whidi 
also was presided over by a minister of the crown. This 
office seems to have been largely a sinecure, and in 1S79 was 
merged into that of the minister of Finance, who became, ex 
officio, receiver-general (42 Vict. cap. 7). It is in the name 
of the receiver-general that the government moneys are kept 
in the banks, and all sums from whatever source paid into 
the Treasury to the credit of the government are deposited 
to the credit of tne receiver-general. 

The Fmance department is charged with the management 
of the public accounts, debts and obligations of the Dominion. 
It also controls the currency, including the issue and re- 
demption of Dominion notes. This branch is managed by an 
officer called the ' coraptrotler of currency,' acting under the 
direction of the deputy minister of Finance. 

The department also administers Government Savings 
Banks established at Toronto, Halifax, St John, Winnipeg, 
Victoria, Charlottetown and a few other places in the Mari- 
time Provinces. These institutions (which are distinct from 
the Post Office Savings Banks) are in charge of a local officer 
called the assistant receiver-general, who, in addition to his 
duties as manager of these banks, is an agent of the minister 
of Finance for the issue and redemption of Domini- » notes. 

The department of Insurance is likewise under the direc- 
tion of the minister of Finance, through an officer known as 
the superintendent of Insurance, who has the rank, and, quoad 
the administration of the Insurance Act, the powers, rights 
and privileges of a deputy head. The expenses of this office 
are met by an annual assessment upon all insurance com- 
panies doing business in Canada, in proportion to the gross 
premiums received in the Dominion during the previous year. 
The payments connected with the maintenance of the 



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314 THE FEDERAL GOVERNMENT 

Ottawa branch of the Royal Mint are made by the miniater 

of Finance. 

Thb Treasury Board 

The Treasury Board is, in law, a board appointed to act 
as a committee of the Privy Council, composed of the minister 
of Finance and any four of his colleague* in the government, 
nominated by the governor in council. In fact, it is a sub- 
committee of the cabinet, empowered to deal with such 
matters relating to finance, revenue and expenditure as may 
be referred to it by the council or to which the board may 
think it necessary to call the attention of the cabinet. 

A report touching a matter falUng under any one of tne 
above heads, made by a minister at the head of a department 
to the governor in council, is, in the ordinary course, referred 
by the president to the Treasury Board, in order that the 
proper inquiries may be instituted as to whether the neces- 
sary conditions have been compUed with, and everything la 
in regular form. The board holds its sittings in the office of 
the minister of Finance, who is ex offida chairman, the deputy 
minister of Finance being the secretary. A quorum of three 
ia necessary to the dispatch of business. 

When the board has duly inquired into a matter refenwl 
for its consideration and arrives at a conclusion thereon, it 
so reports to the governor in council, either favourably or 
unfavourably, as the case may be. The council, if it concur 
in a favourable report, adoptt it as its own, and submits it 
for the approval of the governor-general. If the counal 
adopt an unfavourable report, that is the end of the matter. 
Should the council disagree with a report of the board, whether 
favourable or unfavourable, it can refer it back for recon- 
sideration. . . J. 

Speaking generally, the cabinet exerases its discretion m 
respect of references to the Treasury Board. For instance, 
although it is usual to refer all appointments to office to the 
board, there is nothing to prevent the counal from dealing 
with such matters, without reference to the board. On the 
other hand, there are certain classes of subjects, such as the 



THE AUDIT"R-GENERAL 



315 



KmiMlon of duties, which the Uw requites that the Treasury 
Board must first recommend before they can be dealt with 
by tlie governor in council. 



The Audros-General 

Closely associated with the Treasury Board is the auditor^ 
general, an officer appointed by the governor in council at 
the instance of parliament, for the more complete examination 
of the public accounts, and for reporting thereon to the House 
of Commons. In order to ensure his independence of the 
executive, it is provided that he shall hold office during good 
behaviour, that is to say, he can be removed from his position 
by the governor-general only on an address of the Senate 
and House of Commons. 

The duty of the auditor-general is to keep watch oyer 
tile public expenditure, to see that no cheques issue for which 
there is not a direct appropriation by parliament, or without 
the authority of the governor in council. He is also requir«l 
to satisfy himself in the case of applications foi payments in 
respect of work done for, or material supplied to, the govern- 
ment, that such work has actually been performed, that such 
material has been furnished, and that the price charged is 
according to contract, or, if there be no contract, that it is 
fair and just. The auditor-general examines and audits the 
accounts of the several departments, and lays them before 
the House of Commons in an annual report, which is always 
awaited with interest by gentlemen on the left of the speaker. 
He reports to the governor-general in council through the 
minister of Finance, who also piesenU his reports to the 
House of Commons. In the event of the minister of Finance 
failing to do this, the auditor-general is directed by law to 
present them himself. 

For the due exercise of his functions the auditor-general 
is vested with large powers. He can apply to a High Court 
judge for a subpoena compelling the attendance of any witness, 
no matter of what rank or degree. He can examine such 
witness on oath or affirmation. Should a witness fail, without 



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3,6 THE FEDERAL GOVERNMENT 

valid ituoo. to attend, or refuse to produce any do™"*"* 'j 
pertin^Tquestion. he Uy. him«« open for e«h failure or 
"'r'^'wht* X auditor-^eral d«dine. to ^^ 

' hz^ siTu^ "rtTe fuffi^^-'of^nibiron:: 

S:" whS? t ri^fr Sustain him or overrule him at it. 
^pf ^ns of convenience the auditor^neral i, ~m- 

*^%'r:rb:'s^:r^rthtfr^sw*^'^r"r«^ 

Kale, the govemo.- in counal, the Treasury uoara, unu 

"""^ThelXl L inside service of the Finance de^mnent. 
exdurile of the office of the auditor-general and of Aesupe^ 
tattXt of Insurance, consists of the deputy head, the 
S^t deputy h»ad and about seventy clerks. 



The Minister of Justice 
The minister of Justice is the chief legal adviser of the 

ronnected with the administration of justice not fallmg 



THE MINISTER OF JUSTICE 



317 



within the juri»diction of the provincial authoritie* ; to adviie 
the Bovemor-general upon all legal matter., and ^rticularly 
with reference to (i) the giving or withholding of the royal 
aiKnt to all bilU that pass the Senate and House of Commons, 
(a) the exercise of the power of disallowance in regard to 
provincial legislation, (3) the grant or refusal of petition of 
right, (4) the exercise of the prerogative of mercy. 

As attorney-general he advises the heads of the several 
departments of the government upon all matters of law 
connected with such departments ; he is charged with 
the settlement and approval of all instruments that pass 
the great seal of Canada; and he conducts all Utigation 
for or against the crown or any public department m re- 
spect of any subject within the authority or jurisdiction 

of Canada. , , . < 

The responsibilities of the minister of Justice are ot no 
ordinary character. The periodical examination of the acta 
of nine provincial legislatures in itself entails an enormous 
amount of careful work. The exercise of the pardoning 
power also involves much labour. Applications for clemency 
—as many as 1500 in one year— are received and virtually 
decided by him. After considering the circumstances of 
each case, he appends to the petitio;-. his recommendation 
in respect thereof, either that the unexpired portion of the 
convict's term be remitted and the prisoner be released from 
custody, or that no interference be made with the sentence- 
adding a brief risumi of the reasons which have guided him 
in his conclusion. The petition, with this advice, is there- 
upon submitted by the secretary of state to Ae govemor- 
gmeral. Upon His Excellency's approval being signified, 
the necessary instructions are transmitted to the officer m 
whose custody the prisoner is. Applications for the con- 
ditional liberation of convicts, commonly known as tickets 
of leave, follow a similar course. . . 

In capital cases the minister of Justice, after reviewing 
the evidence and considering the report which the trial judge 
is required by law to furnish, submits his report to the 
governor-general in council. The question whether the sen- 
tence of death pronounced against the prisoner shall be set 



.-•(', 



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318 THE FEDERAL GOVERNMENT 

uide or commuted, or whether the Uw ihall be alloved to 
take itt courn, U Wt to the deteiminatioii rf the ohmet, 
which •• • nite confirma the dediion arrived at by ita chief 

The extradition of fugitive criminala ii a matter which 
come* under the purview of the mtoiiter of Jurfce. A 
judge iMuea hit warrant for the apprehendon of a fugitive 
to Canada, on luch evidence ai teemi to him nifficient, and 
commit! the fugitive to priton. He report* the facta totte 
minister, who, upon the providon* of the law having btm 
complied with, iiauea a warrant under hii hand and seal ot 
office, directing the gaoler who ha. the fugitive in charge to 
deliver him to the person duly authorired by the foreign 

itate to receive him. ...... »i.. 

In the case of extradition of a Canadian fugitive from the 
justice of a foreign state with which there is an extradition 
arrangement, the minister of Justice, on the completion of 
certain formalities, advises the issue of a Warrant of 
Recipias," addressed to the police officer selected for the duty, 
authorizing him to receive the prisoner and bnng him back 
to Canada. This warrant is signed by the governor-general, 
and issued by the secretary of state under the pnvysMl. 

Fugitive offendere coming to Canada from any other part 
of His Majesty's dominions are returned by warrant of the 
govemor-general. on the advice of the minister of Justice, 
who also is charged with the superintendence of the peniten- 
tiaries of Canada. This branch of his department is managed 
by two inspector* of penitentiaries, whose annual report the 
minister lays before parliament. v t »i.. 

The Dominion Police force forms another branch of tne 
same department. This force consists of one commissioiiei, 
one inspector of poUce, one inspector in the secret service, 
one inspector in the Identification Bureau, seven sergeants 
and over seventy constables. , . , . 

The power of disallowance of provincial legislation is 
exercised by the govemor-general in council on the advice 
of the minister of T-stice. In the instructions to lieutenant- 
governors, furnish, to them on appointment, there is a 
clause directing that within ten days after assenting to a 



mil 

1u ti 






THE MINISTER OF JUSTICE 3>9 

bill pund by their mpective legidatum, they shall tend an 
authentic copy thereof to the aecratary of etate. The year 
within which nich act may be dieallowed ii reckoned from 
the date of the receipt of the act by the eecretary of etate. 

When eueption ii taken to a provincial act, the practice 
ia for the minister of Justice to communicate to the lieutenant- 
governor, through the secretary of state, the grounds of his 
objections, and, in cases of sufficient gravity, to require an 
assurance that the matter complained of will be righted by 
the legislature within the period set for disallowance. There 
ii always disinclination on the part of the Dominion govern- 
ment to Invoke the power of disallowance against the pro- 
vinces, and it is only in imperative case* that this extreme 
step is resorted to. , , 

When disallowance is determined upon, the mmister of 
Justice submits to the governor-general in council a recom- 
mendation to this effect, whereupon an order-in-council is 
passed and a copy thereof (with a certificate under the privy 
seal of His Excellency the governor-general testifying to the 
date of the original receipt of the act by him) is communi- 
cated by the secretary of state to the lieutenant-governor, 
whose duty it is to make the fact known by speech or message 
to his legislature, or by proclamation, and the act is annulled 
{nrni the date of such announcement. 

Judges of all courts are appointed by the governor in 
council on the recommendition of the minister of Justice, 
through whose department tl\ey are granted leave of alwence 
from time to time, and are finally retired. The registrar 
and officera of the Supreme and Exchequer Courts of Canada 
are under his supervision. 

When to these duties is added the daily task of advising 
the various departments of sute upon a multitude of legal 
questions which constantly arise in the carrying on of public 
business, it will readily be understood that the portfolio of 
Justice is one of the most onerous and responsible of the 
cabinet offices. The staff of the inside service of the depart- 
ment consists of the deputy head, four legal officers (one of 
whom is secretary to the department), one assistent legal 
officer and about ten clerks. 



«> 



I 



THE FEDERAL GOVERNMENT 



• i 



The SoLiatOT-GEHMAL 
The ■oUdtor^enenl it an officer appointed by the governor 
fa .S^-^TSTminiater of Juatic. in the coun«l work 
S W?^pi?t!;S.t. m p«cti« he ha. a «.t in pjr^meM. 
ud ii > member of the miniatry. though not of Ae cabinet, 
ir^O^«m»ponding iomewhat to that of . p«h.- 
mentary under-aeaetary in EngUnd. 

The Secretaky of State 

The ancient office of tecretary of aUte plays an imP«^« 
_-Ji„ fh, woiUns of the Canadian conititutjonal system. 
?k"s^rrS^t^?e?.. fo'the public, thechannelof approach 
^ thT^i^ and the official mouthpiece of the governor- 
lieSl^Tthe yeam immediately succeeding Cmfedera- 
*^^i'«.««™. tW secretaries of state-one for Canada, 
Z^oZior^^T^U ln.873thelatt«de^n. 
t«,tXcame merged in the former. The combmed offices 
SL« ^fo^Tone department presided oyer by the 
i^retary of state of Canada, who«! functions .t » now pro- 

'^elS^S.^of tute is the medium of commu„i«tion 
betw«n ^o^mment of Canada and those of the prov,nc«. 
^"^pondence between the two govemmentt « con- 
ductSX him with the lieutenant-governor, towhom he 
SLnS in somewhat the same reUtion as the secretary of 
iStt f<^ the Colonies does to the governor-general. He 
iCco^eys the decisions of the governor-general, m respect 
oftlfron^ct cases, to the sheriffs and gaolers whose duty 
°ti"ve effect thereto, and generally replies to formal 
communications addressed to *e government^ 

The secretary of state is, as has been observed, «•«"«- 
todian of^he gr^t seal of Canada. The general rule govem- 
I^Ae usTofTe gre.,; seal is that it should be put only to 
n!t^men« the LTe of which is authorized by statute or 
bvT governor in council, and which bear thejovern"'- 
^LeVal's signatiirx; or that of his duly authonzed deputy. 
^o-^l^oTof appointment. Dominion land-grants, wnt. 



tint 



THE SECRETARY OF STATE 



331 



of election and proclamation*, ate among the document! 
tliat fulfil thete conditiom. 

Tbe great aeal of Edward vil, which it itiU (1912) in uie, 
it of tteel, five inchei in diameter. The central figure it 
that of Hit late Majetty, teated on hit throne, crowned and 
holding orb and tceptre. About him are diiplayed the 
thieldt of the four original province! of Confederation, 
Ontario, Quebec, Nova Scotia and New Bruntwick, and 
below, the ihield of the United Kingdom of Great Britain 
and Ireland, die whole lurrounded by the legend, ' Eduardui 
VII. D: G: Britt: Et Terrarum Tranimar: Quae In Dit: 
Sunt Brit: Rex F. D: Ind: Imp.,' and in a legment of an 
inner circle under the king'a feet, the wordt and figuret 
' In Canada Sigillum 1904.' 

When the tecretary of ttate leavea office he tetumt the 
great teal into the hand! of the governor-general, who 
delivers it to hit tuccettor. On the demite of the crown, the 
new sovereign issues a warrant under hit sign manual, author- 
iring the continued use of the old seal until a new one is 
prepared. The old teal, on being defaced, becomes, by 
custom, the property of the secretary of state holding office 
at the time of the change. 

The secretary of state it also the custodian of the privy 
teal, which bears as a device the private arms of the governor- 
general encircled by his name and dignities. This seal is 
not bestowed on the secretary of state with any ceremony, 
and is left behind by the retiring governor-general. It is 
commonly employed to teal lest important documents than 
those which past the great seal, such as passports, certi- 
ficates, warrants and the like j generally speaking, things 
done on the recommendation of one minister, at dis- 
tinguithed from those performed on the advice of the 
council, which are reserved for authentication under the 
great seal. 

In addition to his ceremonial functions the tecretary of 
ttate discharges duties of a more prosaic character. He 
administers the Companies Act, the Naturalization Act, 
the Canada Temperance Act, and is charged with all mattert 
not tpedally attigned to any other minister. Addresses 



4 



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3M 



THE FEDERAL GOVERNMENT 



and orders of the Senate and House of Commons are sent 
to him in the first instance. It is the duty of his officers to 
call upon the various departments for the information desired 
by parliament, to combine, in cases where an inquiry relates 
to more than one department, the answers received from 
those concerned, and to see that no unnecessary delay takes 
place in the bringing down of these returns. 

The secretary of state is also the registrar-general, and, 
as such, registers all proclamations, commissions, charters, 
land patents, and other instruments issued under the great 
seal, also bonds, warrants, surrenders, and other public 
documents requiring registration. Patents of Dominion 
lands are, for reasons of convenience, recorded in the depart- 
ment of the Interior by officials specially authorized for that 
purpose under the hand and seal of the registrar-general. 

The Dominion Archives (for many years a branch of the 
department of Agriculture) were placed under the care of the 
secretary of state in March 1912. 

The Department of External Affairs 

This department, as its name imports, administers what, 
for lack of a better phrase, is commonly termed the ' external 
affairs ' of the Dominion, whether relating to the motherland, 
the sister dominions and colonies, or to foreign countries. 
The department of External Affairs dates from the year 1909, 
having been constituted by the act 8-9 Edw. vii, cap. 13, 
and placed under the direction of the secretary of state for 
Canada, with the title of secretary of state for External 
Affairs. Before its creation the impression very generally 
prevailed, even within the service, that Canada's external 
relations were conducted through the secretary of state, but 
such never was the case. The department of die secretary of 
state for Canada — to refer to the English system — offers a 
certain analogy t» the Home Office and to the Colonial Office 
as well, but it bears no affinity to the Foreign Office, or to 
the United States department of state, for the reason that 
its sphere of action is circumscribed by the bounds of the 
Dominion. With the conduct of negotiations with foreign 



THE DEPARTMENT OF EXTERNAL AFFAIRS 323 
countries, or in respect of questions whose scope and bearing, 
though within the Empire, lie beyond the limits of Canada, 
it has no official cognizance. All such matters reach the 
government of Canada through dispatches addressed to the 
governor-general. Under the old system these dispatches 
were referred by His Excellency to the Privy Council, which 
in turn referred them to the minister concerned, who in due 
course made his report thereon to the governor in council. 
This report was minuted in the Privy Council office, in die 
manner already explained, and, when approved by His 
Excellency the governor-general, became the government's 
reply to the dispatch on which it was based. This method 
was open to several objections. No doubt the more important 
questions of policy in regard to external affairs were discussed 
and agreed to in council, but the terms of the report in which 
that policy was set forth frequently received but scant 
consideration. In the preparation of these reports too little 
regard was given to what had gone before, which is not surpris- 
ing, as it not infrequently happened that the draughtsman 
was not in possession of all the correspondence on the subject. 
A dispatch does not -Iways disclose upon its face enough to 
determine readily from a hasty glance just what department 
it concerns, and the fact that it relates to more than one 
department might easily escape notice. Thus it became 
possible that a department might get the first and third 
dispatch of a series, while the second and fourth had been 
referred elsewhere. And so the feeling grew that cabinet 
councils were not, after all, the place for the reading and 
distribution of lengthy dispatches, and that this had much 
better be done elsewhere. The result was the establishment 
of the department of External Affairs. 

Under the new order of things all dispatches received by 
the governor-general which His Excellency desires to com- 
municate to his advisers are referred direct to the secretary 
of state for External Affairs, who in turn refers them to the 
several departments. These departments furnish him with 
all available information, together with the views of their head 
upon the subject-matter to which the dispatch relates, and, 
having informed himself by this means, the secretary of state 



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makes hia •tBort to the governor in council. In thi» way 
the responsibility for the proper conduct of this branch of 
the public business rests upon one department, which, free 
from the disadvantages of the old system, is enabled to secure 
for these important subjects treatment on a coherent and 
uniform plan. 

The initiation of this reform gave rise at first to some 
misapprehension. When the bill creating the department of 
External Affairs was before parliament, the report went 
abroad that the Canadian government intended thereby to 
take into its own hands the conduct of its foreign relations. 
The prime minister and the secretary of state, however, made 
it clear to the House of Commons that no constitutional 
change was intended by the measure, which merely aimed at 
an improvement in departmental procedure, and that Canada's 
official communications extending beyond the bounds of the 
Dominion would continue to be made through His Excellency 
the governor-general as before. 

The department of External Affairs is specially charged 
with all matters relating to the foreign consular service in 
Canada. It likewise issues passports for foreign travel. 

The King's Punter 
The government printing and stationery office originally 
formed a branch of the department of the secretary of state. 
In 1 886 it was constituted a separate department of the public 
service under the control of the secretary of state. This 
department is charged with the execution of all printing on 
behalf of the government; the purchase and distribution 
of all paper, books or publications required for the public 
service ; the sale of all books or publications issued by order 
at parliament or the government : and the audit of all accounts 
for advertising. 

The deputy head of this department is styled the king's 
printer and controller of stationery. Like all deputy ministeis 
he is appointed by commission under the great seal, and holds 
office during pleasure. He has the general management and 
control of the services mentioned above, in the performance 



ill 



THE MINISTER OF PUBLIC WORKS 325 
of which duties he is assisted by two officers, styled respectively 
the superintendent of printing and the superintendent of 
stationery. The first-named has charge of the printing branch 
of the department at Ottawa, in which all printing, lithograph- 
ing, binding and other work of like nature requited for the 
service of parliament and the several departments of govern- 
ment are executed. The superintendent of stationery has, 
under the direction of the king's printer, charge of the pur- 
chase and supply of paper and stationery required for the 
public service. 

The staff of the department is composed of the above- 
named officers and about fifty clerks, exclusive of the journey- 
men, workmen, skilled hands and others engaged in mechanical 
service. 

The MmisTBR of Public Works 

The minister of Public Works is the successor to the 
member of the government of the old Province of Canada 
known as the chief commissioner of Public Works, the change 
of name having taken place at Confederation. In 1879 his 
department was divided into two departments of equal 
status, under two separate ministers — one retaining the old 
draignation of minister of Public Works, the other styled 
minister of Railways and Canals. At this partition the some- 
what un.;5ual course was followed by the minister of Public 
Works (Sir Charles Tupper) of relinquishing the old for the 
new portfolio, and taking with him to the new department 
the deputy head and many of the senior officers, as well as 
most, if not all, of the office records. Thus in some respects 
the old department became the new one, dating from October 
1879. 

The minister of Public Works has the management, charge 
and direction of the following properties belonging to the 
government of Canada : (i) public buildings, including their 
heating, lighting, maintenance, furnishing and upkeep ; (2) 
the plant employed in the construction, improvement and 
repair of harbours, piers and works for the betterment of 
navigation ; (3) the slides, dams, piles, etc., used for facili- 
tating the transmission of timber ; (4) roads and bridges ; 



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y^ THE FEDERAL GOVERNMENT 

(5) telegraph lines on government lands ; and (6) certain 

""rh^'d^Tr^Tof Public Works is one of the five great 
««nding departments of the government, the others bemg 
&ays and Canals, MUitia, Marine and Fisheries, and the 
Naval Service. The duties attaching to its admmistration 
are by reason of their multitudinous detaU, of the most 
exa;:ting and Uborious nature. In 1910 itt expenditure was 
approximately Ju.ooo.ooo, not compt^ of f^'^J.^^ 
suL such as would be involved in the buildmg and subsidizmg 

of ships and railways, but for the most part made up of 
compiatively small sums-for the erection of a p<«t office 
n^wn. the purchase of a rite for a^'t°™» 'T" '" 
another, repairs to a wharf in a third, dredging a harbour 
ta a fourthVand so on across the continent from Halifax to 

^"^Ttedifficulty of applying this money to the best advantage 
of the public service, and at the same time of satisfying the 
local interests and of pleasing everybody concerned, is enough 
tottx the ingenuity and resources of the most capable of 
SXistrators"^ He who undertakes *e task must be pre- 
oared to deal with very unreasonable people . to meet 
Stidsm often founded upon ignorance, sometimes intention- 
ally unjust ; to be charged with incompetence. «t™vaganoe 
poLc^ favouritism, and worse ; to be held accountable for 
Sstakes he did not commit, for mishaps that could not be 
averted, and for accidents over which he had no control. A 
former minister, the Hon. Alexander Mackenzie, has left on 
record elo-iuent testimony to the embarrassments and anxiett« 
of the position: and while in his «ise *e difficutaes were 
probably enhanced b- the fact of his being also the pnme 
Srinister. there can be Utde doubt that the position is one in 
Self dOTanding much aptitude for detail, combmed with 
unlimited patience and firmness. 

ThrstiS of the department of PubUc Works consists o 
the deputy minister, assistant deputy minister, secretary ot 
Se d^artment, chief engineer, and over two hundred en- 
gineers, architects, draughtsmen and clerks. 






THE MINISTER OF RAILWAYS AND CANALS 3*7 

The Minister of RAttWAYS and Canals 
It has already been observed that when in 1870 the 
departnent of Public Works was divided, the then minister 
elected to take the new portfolio of Railways and Canals 
and that the deputy head and many of the senior officers 
accompanied him to his new sphere of action. It would be 
more accurate to say that they remained where they were 
for the new department kept possession of the old ground 
the department of Public Works finding other quarters. ' 
The minister of Railways and Canals has the conttoi and 
management of all government railways and canals, and of 
all works and property appertaining thereto. These rail- 
ways comprise the Intercolonial Railway (1492 miles), the 
Windsor Branch, a line extending from Windsor Junction 
Nova Scotia, on the Intercolonial Railway to the town of 
Wmdsor, operated by the Dominion Atlantic Railway Com- 
pany (3a miles), and the Prince Edward Island Railway (267 
miles)— making a total of 1791 miles. These railways, as 
rj^ards their practical operation, have recently been placed 
under a board of management, of which the deputy minister 
of Railways is chairman. 

The minister of Railways possesses jurisdiction over the 
location of all lines of railway constructed under Dominion 
diarteiB. Location plans must be filed with him and receive 
his approval before construction can be begun. 

Subsidies voted in aid of railway construction are paid 
OiDugh this department, which enters into contracts with 
the aided roads for the purpose of establishing that the con- 
ditions imposed by parliament and the governor in council an 
complied with before the money is paid over. 

The National Transcontinental Railway is composed of 
two divisions, the eastern division between Moncton and 
Winnipeg, and the western division between Winnipeg and 
the Pacific Ocean. The eastern division is being constructed 
by the government under four commissionera appointed by 
the governor in council. The government supervises the 
building of the western division by the Grand Trunk Pacific 



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3a8 THE FEDERAL GOVERNMENT 

Railway, and the chief engineer of the ^fP"^*"* <^* '^'l 
wTys and Canata annually report, to ha mimster on the 
character and progress of the work. .^,^ the Railway 

Unta 1903 a committee of the cabmet, styled tte Kaiiway 
CommkLTc* the Privy Coundl. administered the RaJway 
X^us exercising a certain si ,^s.on and control over aU 
SSadian raUways. Parliament th«. abol»l'edA» com- 
)^Za appointed in its stead a board comp^ed of three 
S^^; al^^onem (the number was aftenvards mcreased 

I^ decisions and orders are final, subject to an appeal to the 
SupS Court on quesdons of law and i""?!'??™;^ *« 
seieral authority of the governor in councU m his d-scretton. 
^^c^ te no better evidenc« of the growth and progr<»s 
ofTco^try than is afforded by its railway stattsttcs. In 
fsTQ wh^ede^artment of Railways was o,jan«ed. there 
w^'^S^nSes of raUway in operation throughout Canada ; 
in 1012 there were 26,000 miles. 

This department also administers the canal system of d,e 
Dominion, which has a total length of 144 miles, and cost, 
Sg ^Aer the outUy on original construction, subse- 
quoit mtaigement and improvemente, upwards of nine^- 
S Sm™. dollars. The extent of the waterways made 
Sbte^th^ canals for purposes of navigation is nearly 

'°°°n^ of the department at Ottawa consisW ^e 
deou^; i^ter, the general consulting engineer, the secretory, 
5S^r^Vdepar^entalsolidtor,c»mpt.ollet^fsta«U^ 
S^^»^ auTtor, chief daughtsman and about seventy 
clerics, engineers and draughtsmen. 

The Minisier of the Interior 
In 1869 Canada acquired by purchase from the Hudson's 
Bay Company, for the sum of £300,000 sterling, a 1 their 
fn^t taXt vast region stretching beyond the Great Ukes 
wS^arf S the Ro^ Mountains, then known as Rupert s 
n7 Jnd the NordvWest Territory. The adrninistnition 
ifSeseterritories. together with the lands and affairs of the 



THE MINISTER OF THE INTERIOR 339 
Indians and the Geological Survey, were entrusted to the 
department of the secretary of state for the Provinces ; the 
control of Dominion lands, ordnances and Admiralty lands 
bemg vested in the secretory of stote for Canada. In 187^ 
an act was passed (36 Viet. cap. 4) abolishing the department 
of tile secretary of stote for tiie Provinces, and distributing 
Its functions between tiie secretory of stote for Canada and 
a new department, tiiat of tiie Interior, to which were assigned 
tiie subjects enumerated above. Since tiiat date tiie manage- 
ment of Indian Affairs, and of the Geological Survey, has been 
transferred elsewhere, but the minister of the Interior still 
administers tiie Dominion lands, including the public lands 
of Manitoba, Saskatchewan, Alberto and (widi certoin minor 
exreptions) all other lands owned by Canada, wherever situ- 
ated wi^m the Dominion. He also continues to control the 
Yukon Territory, which was constituted a separate territory 
by tiie act of 1898, 6i Vict cap. 6, as amended by tiie act of 
1901. 1 Edw. VII, cap. 42, and tiie ' Nortii-West Territories,' by 
which IS now meant aU British possessions in North America 
outside tiie Canadian provinces and Newfoundland, including 
ftose vast regions formerly known as Atiiabaska, Mackenzie, 
Keewatin, Franklin and Ungava, and beyond to tiie Nortii 
Pole. Thechiefexecutiveofficersof tiieYukonandtiieNorth- 
West Territories are styled commissioners of their respective 
territories. They are appointed by the governor in council, 
and act under instructions of the minister of the Interior. 

The department of the Interior affords, perhaps, the most 
striking illustration of the Dominion's wonderful growth that 
18 to be found in the official records. Storting with a staff of 
tiurty-eight clerks, ita employees of the inside service num- 
bered in 1913 considerably more than twice that of the whole 
civil service of Canada at Ottowa in 1873. In 1874 it re- 
ceived and dispatched altogetiier about ,-500 letters, and 
collected from the sale of Dominion lands $27,000. In 1910 
it had a total correspondence of considerably over 3,000,000 
letters, while the revenue derived from the sale of Dominion 
lands was more than $3,000,000. The number of homestead 
entries rose from about 500 in 1875 to 41,500 in 1910. This 
IS, in fact, the chief business of the department. Canada 

VOL. VI , . 






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330 THE FEDERAL GOVERNMENT 

poaMMet aU the requiutei of a great and prcwperous country, 
jiaveonly people. Her vast and fertUe plain, could main- 
tain a hundredfold the number that to-day dwelta within her 
borders. PopuUtion Ss die great desideratum. To pnKure 
these people is the special function of the department of the 
Interior. To this end an otganired system has been developed 
with the object of making the attractions of Canada widely 
known, and of inducing emigrants to try their fortune m the 
Dominion. A farm of 160 acres of the finest wheat-producing 
land in the world, free, on condition of residing on it for three 
years and of doing just enough in the way of cultivation 
to evidence the bona fides of the settlers, together with an 
adjoining 160 aoea as a pre-emption in certain districts, at 
$3 an acre, is surely an oiler that only requires to be known 
to be appreciated. . . •» 

In pursuance of this paramount object of attracting suit- 
able emigrants there is, first, a branch of the departtnmt 
devoted to surveying and mapping out the public lands for 
settlement. Another branch grants homestead entries for 
these lands. A third conducts an emigration propaganda 
in Great Britain and abroad. There are many other sub- 
divisions of this large department, each charged with the duty 
of administering some special portion of the national domain. 
Thus there are branches dealing with timber and grazing, 
mining, oidnance and Admiralty lands; with forestry and 
irrigation ; with the school lands, the lands reserved for 
purposes of education, the interest on the proceeds of the sale 
of which is paid over to the three provinces of Manitoba, 
Saskatchewan and Alberta. There are also special officers 
charged with the inspection of ranches, the care of the Cana- 
dian national parks, the technical cartographic work of the 
department, and, lastly, there is the Dominion Observatory, 
a new and thoroughly equipped temple of science, which, 
under the efficient direction of the chief astronomer and a 
small staff of highly trained assistants, is rapiily becoming 
well known in the scientific worU. 

The staff of the department at Ottawa consists of the 
deputy head, the assistant deputy head, surveyor-general. 
Dominion lands commissioner, superintendent of immigration. 






THE DEPARTMENT OF INDIAN AFFAIRS 331 
•ecretary of the department, chief astronomer, chief geo- 
grapher, 10 chiefs of branches and about 750 clerics and 
messengers. The outside service is composed of about 380 
persons employed in the Dominion Lands and Crown Timber 
AgMoes, 470 engaged in immigration work, 20 connected 
with the national parks, 40 with forestry, 16 with irrigation 
surveys, as with the administration of the Yukon Territory 
making a grand total in the service of the department of 
about 1700 penons. The immigration agents in the United 
Kmgdom and at Antwerp report to the assUtant super- 
mtrodent of emigration in London, who in turn reports to 
the high commissioner for Canada. 

The Departiient of Indian Affaies 
The department of Indian Affairs was originally under 
mihtory control, being administered by the commander of 
the forces, the officen in command at various points acting 
as superintendents or agents. About the year 1844 it was 
placed under the charge of the governor-general's civil secre- 
tary, who held a commission under the imperial government 
M supermtoident-general. In i860 it passed under the 
Crown Lands department. At Confederation it became 
attached to the department of the secretary of state for 
Canada, to be transferred by order-in-council in i860 to the 
seaetaiy of sute for the Provinces. In 1873 it was placed 
under the department of the Interior, and in 1880 (43 Vict 
cap. 28) was constituted a separate department under the 
control of the superintendent-general of Indian Affairs who 
the act declared, was to be the minister of the Interior. The 
latter provision was afterwards modified to include any 
muuster appointed by the governor in council. As a mattCT 
of fact, the mimster of the Interior baa always been the 
supermtendent-general, except during the period 1883-87 
when Sir John Macdonald held the office in conjunction with 
the presidency of the Privy Council. 

The superintendent-general has the charge and direction 
of Indian Affairs, including the control and management of 
the lands and properties of the Indians in Canada. The 






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333 THE FEDERAL GOVERNMENT 

goverament, from m very etrly period, lecogniied the obli- 
gation devolving upon it in respect of the aboriginal inhabi- 
tant! of the country. In the Province of Ontario treatiet 
were made from time to time, whereby the Indians surrendered 
whatever usufructuary right they possessed in the land over 
which they roamed, generally in consideration of the grant or 
reservation for their exclusive benefit of defined areas, and 
of the payment of small annuities. The same policy pre- 
vailed in the North-West, and, to a limited extent, on Van- 
couver Island. In the Provinces of Quebec, New Brunswick, 
Nova Scotia, Prince Edward Island, and the mainland of 
British Columbia no treaties were made with the Indians for 
the extinguishment of the Indian title, but reserves were set 
aside by these provinces to meet the requirements of the 
Indians. Under the provisions of the Indian Act the land 
comprised within these reserves cannot be alienated without 
the consent of the Indians. It is the duty of the superin- 
tendent-general to protect the reserves from trespass, to 
prevent the sale of intoxicants to Indians, to see that their 
trust funds are properly administered, to provide them with 
the necessary schools, and to assist them to become self-sup- 
porting and law-abiding members of the community. The 
government spends on Indian education nearly half a million 
dollars annually. At the close of the last fiscal year the 
capita! held in trust for the different bands amounted to 
over six million dollars, the interest on which is distributed 
among them periodically. The Indian population of Canada 
is approximately 107,000, and is not decreasing. The Indians 
are subject to the operation of the ordinary law, both dvil 
and criminal, except in so far as the Indian Act makes 
special provision for their exemption. They are, as a class, 
law-abiding. 

The organization of the department of Indian Affairs 
follows that of the Interior, the nomenclature of the branches 
being much the same. Thus there are, besides the secretary's 
branch and the accountant's branch, which are common to all 
departments, the land and timber branch, the survey branch 
and the school branch. The staff of the department at 
Ottawa consists of the deputy superintendent-general, the 



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THE MINISTER OF AGRICULTURE jjj 

^^\1^^ wperintendent-general, who i. al«> the .ec«. 
tary of the department, the Indian commiirion^/ik^^ 

inipecton, .urveyon, draughtnnen and clerk, ^ 

The Minister of Acwcclture 

object, having but "ttl^^nn" tio^^^ X' aSl*^' 
honourable calling from which it derived it. nL.)S ?f 

mmfmm 

thHou^ .-*' »■"«"«• «perimental station, throughout 

tu™?rd;'srgo?;„T:^„°' VeT"™"r '^ '«^-'- 

evidence of the excellent character of the work oHduc^ti^g 



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the Itriner, which, begun by Sir John C»rUng, hu been 

developed and extended under hii iucceitor*. 

Norhu the lUoceM which hat attended the adminiitratton 
ol the department been conBned to agriculture and it. alUed 
nibiectt. The patent*, copyright, trade marlra, and indu»tnal 
deiigne bimnchea give their teetimony to the enormou. ttride* 
the Dominion U making from year to year : while if much u 
not heard of the public health and the quarantine divmon, 
it ii only becauM Ita results are negative rather than P«">ve 
in their nature. The len one heart of the director of public 
health, the greater the excellence of the work that officer it 
ouletly and unottentatioutly carrying on. 

The itafi of the department of Agriculture contittt of 
the deputy minitter (who U ato the deputy commitBoner of 
mtentt), the a»istant deputy minitter (who it alto the 
Jecretary of the department), the director-general of public 
health, the director of experimental farm., the chief officer of 
the centut and .Uti.tic^ the veterinary director-general and 
Uve .tock commiwoner, the dairy and cold .tor^e com- 
mi»ioner, the Med commi«ioner, the "S";*™' °* *^ "J?r 
and copyright., and about two hundred and forty chiefs 
iuperintendentt, technical officere and clerk.. 

The Dominion Archives 
The firtt move in the direction of ettablithing an Archivei 
and Record Office was made in 1872, when parliament placed 
the sum of $4000 at the dispowl of the minister of Agriculture 
for the purpose. The minister of the day entrusted an official 
of his department with this duty, but that officer, while amply 
Qualified for the post, was not provided with proper facilities 
for its administration. The position of archivist was not 
even created by the governor in council. For yare Douglas 
Brymer laboured in the basement of the Western Block, doing, 
in spite of his Umitttions, exceUent work, as his pubhshed 
report, abundantly diow. Not only were his ment. and 
services inadequately recognized, but rival coUecoons of public 
records were suffered to grow up in the service. The depart- 
ment of the secretary of state possessed a somewhat similar 



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THE DOMINION ARCHIVES 335 

•tore of documenu to that ol the Archive, under the immedi- 
ate charge o| an officw known a* • the keeper of the recoida.' 
.. c "^n*^"""?' ""'" •***» contained an accumulation 
of Sute Papen reaching back one hundred and fifty yean. 
rheK Kveral branchet of the public tervice, though oeteniibly 
devoted to the promotion of a common object, for yean 
earned on a lort of triangular contest, each claiming to be the 
only true repoMtory of the country'! rrcord.. To such length, 
waa thi. un«»mly .tnfe conducted that copie. of document. 
in tne hbranes of European capiul. have beer cj. for the 
Canadian Archive., at the public expenw, wh. n t'. oriirina' 
ot theie very document., in an excellent .tatf . ' -, • rvatic, 
were all the time in one or other of the pub'i- d.:'por.T.. ts ar 
vttAwa. 

On February 7, 1897, a portion of tl. «ierr BI cl 
waa Knoualy damaged by fire, which detn ^ , ^„.. .t„, ^„ 
mental record., the chief luffeten beirc il,e do. . , ,„e.',ts J 
Maruie and Fidierie., and MiUtia. SiionK adi^M-ie the 
government appointed a commiauon, conwsung „i he i.-pi v 
minuter of Finance, the auditor-general and tJi- un.' r- et <• 
tan- of »tate, to inquire into and report upon ,,. ; i ,te of 
puwic record!. Thi. commiamon. in the exeici!e ot its duty, 
made an inspection of all the departments, and reported in due 
coune. After sending out the result of their investigations 
they recommended that the older and more valuable papers, 
including the archives in the department of Agriculture, 
ahouU be brought together and committed to the custody of 
one person in a suitable fireproof building, where also anti- 
quated departmental records might be stored. Effect was 
given to this recommendation in 1903. In 1904 Arthur G 
Doughty was appointed archivist and keeper of the recoids" 
and the Archives building was completed in 1907. The 
Archives continued as a branch of the department of Agri- 
culture unhl 191J, when, in virtue of the Public Archives 
Act of that y«r, it was transferred by oider-in-eouncil to the 
department of the secretary of state, and the arehivist waa 
raised to the rank of a deputy minister. 



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The Postiiastek-General 

The Post Office department, as a Canadian institution, 
dates from the year 1851, when the control of the postal service 
was transferred to the Canadian government by the imperial 
authorities, who up to that date had administered the postal 
affairs of all British North America. 

The first postmaster-general after the transfer at once 
entered the government, and since then the office has always 
been one of cabinet rank. The duties of postmaster-general 
ate such as the title of the office imports, and include the 
regulation from Ottawa of the postal surangements in every 
province, city, town anu hamlet in the Dominion. As might 
be surmised from the character of the service, the postmaster- 
general is vested with large powers. He makes all sorts of 
regulations, restrictions and prohibitions respecting the car- 
riage of letters and newspapers. He enters into and enforces 
contracts relating to the conveyance of the mails. With the 
exception of the postmasters in cities and towns, he appoints 
all the postmasters in the Dominion. 

At the head of this extensive system stands the deputy 
postmaster-general, who, under the minister, controls the 
manifold services of which both the inside and outside divi- 
sions of the department are composed. For purposes of 
administration the department at Ottawa is (ilvided into 
branches, each under the immediate charge of a buperinten- 
dent TTius there are the railway mail service, the mail 
contract branch, the savings bank branch, the money order 
branch, the dead letter branch, etc. As regards the outside 
service, the Dominion is partitioned into seventeen divisions, 
each with an inspector of its own, and a chief superintendent 
over all. 

With certain limited exceptions, dictated by cominon 
sense, the postmaster-general has the sole and exclusive 
privilege of collecting, sending and delivering letters within 
Canada, and any person who unlawfully invades his functions 
in this respect is liable to a fine of $20 for each and every 
letter illegally conveyed. The growth of the business of this 






THE MINISTER OF MARINE AND FISHERIES 337 
department has been phenomenal. The number of letters 
posted in Canada in 1910 amounted to the enormous toul of 
526,000,000 as compared with 41,000,000 in 1876, and it is 
most gratifying to note that there was a surplus from the 
operations of the department in the former year of nearly 
$750,000. 

In 191 1 the departmental staff at Ottawa consisted of 
the deputy postmaster-general, the assistant deputy minister, 
the secretary of the department, 11 heads of branches, 382 
clerks, 23 sorters, 20 packers, 18 messengers, and 3 porters— 
460 persons. 



The Minister of Marine and Fisheries 
The list of duties devolving upon the minister of Marine 
and Fisheries by statute is of formidable length, no fewer than 
twenty-five subjects being placed under his control. Origin- 
ally considerable, the list has grown by accretion, notably in 
1904, when the management of the St Lawrence Ship Canal, 
together with the dredging plant, was transferred from the 
department of Public Works, as well as the hydrographic 
survey, both of that department and of that of Railways and 
Canals. Briefly to summarize his f auctions, the minister of 
Marine and Fisheries supervises the construction of light- 
houses and fog alarms ; n.aintains lights, buoys and other aids 
to navigation ; regulates marine hospitals, the inspection of 
steamboats, the examination of masters and mates, pilotage, 
and inquires into wrecks. In addition he exercises such jurist 
diction as is vested in the Dominion government over the sea- 
coast and inland fisheries of the Dominion. The two main 
divisions of his department are (i) the Marine branch and 
(2) the Fisheries branch. The latter formed a separate 
department from 1884 to 1891, when the two were reunited 
and became one department again. 

In the na-ure of things the sphere of the Marine depart- 
ment's activities lies chiefly along the seaboard and the main 
arteries of navigation. It has agencies at all the principal 
maritime towns, including Quebec and Montreal, where the 
local administration is carried on under the control of the 

VOL. VI ,„ 



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3|B THE FEDERAL GOVERNMENT 

dqMitment at Ottawa. It is under these local agencies 
that lighthouses are built and equipped, that new aids to 
navigation are installed and maintained, and that the govern- 
ment steamers are repaired and outfitted. 

The Fisheries branch administers what is undoubtedly 
one of the greatest assets of the Dominion. Few persons 
realize the immense worth of Canada's fisheries, which ture 
not only the most extensive but also the most abundantly 
stocked waters in the world. In 1910 Canadian fishermen 
drew from the riches of the sea $30,000,000. As in the case 
of Marine affairs, the business of the Fisheries branch is largely 
carried on by the outside service, there being in 1910 about 
twenty inspectors of fisheries throughout the Dominion, up- 
wards of one hundred and seventy-five fishery overseers, and 
about forty officers in charge of government fish hatcheries. 

The line of division between Dominion and provincial 
jurisdiction in the matter of the fisheries has never been 
clearly defined. In 1896 the question was referred to the 
Judicial Committee of the Privy Council, which in 1898 
decided that whatever property interest in its fisheries was 
possessed by a province prior to Confederation remained 
vested in it, but that the regulation of these fisheries apper- 
tained to the Dominion government. As regards inland 
waters this decision settled the question, and since 1898 the 
Provinces of Quebec and Ontario have issued all fishery 
icences in non-tidal waters, the making and enforcing of the 
nialations governing the times and methods of fishing 
remaining with the Dominion. With respect to tidal waters, 
however, the controversy is still undecided, the position of 
tlK Dominion in regard to them being that in these waters 
there was no ownership at any time, but only jurisdiction, 
and that tfci* jurisdiction, originally exercised by the colonial 
government, is hnm vested in the governor-general of Canada 
aa representing t^e king, and not in the province. The 
matter remains in this unsatisfactory condition. An arrange- 
ment has, however, been reached with the government of 
British Cohimbia. to submit a reference to the Supreme 
Court of Canada, with a view to nettling the question of 
junsdiction in tidal waters. 



THE MNISTER OF CUSTOMS 339 

The strf of the department at Ottawa is composed of 
the deputy minister, assistant deputy minister, chief en- 
gi'n«r, chief hydrographer, purchasing agent, commissioner 
of fishenes, various superintendents, engineers, inspectors, 
technical officers, and about one hundred clerks. 

The LtepARTMEHir of the Naval Service 
In pursuance of the declared poHcy of the government 
to estabiisfa avl maintain a Canadian navy, an act was 
passed by parliament in the session of igio (9-10 Edw. VII 
cap. 43) providing, among other things, for the constitu- 
tion of a department with the above title, presided over by 
the minister of Marine and Fisheries with the title of minister 
of the Naval Service. The new department was formed out 
of the dep«tment of Marine ana Fisheries. The deputy 
minister of the latter, following the preteaent set by the 
deputy minister of PubUc Works in 1879, relinquished the 
old office for the new. The director of the Naval Service, 
who is the next officer to the deputy head, was also trans- 
ferred from the department of Marine and Fisheries, from 
which indeed the majority of the staff were in the first 
instance recruited. 

The department of the Naval Service has the control 
and management of naval affairs, including the construc- 
tion, purchase, maintenance and repair of all ships of war. 
The phrase ' Naval Service ' is held to embrace the fisheries 
protection se— ice, the hydrographic survey, tidal observa- 
ttons and wireleaa telegraph service, transferred from the 
department of Marine and Fisheries. 

The statute creating the department of the Naval Service 
provides for the appointment of a naval board to advise the 
minister, but so far no such board has been organized. 

The Minister of Customs 
The functions of the minister of Customs are comple- 
mentary to those of his colleague the minister of Finance. 
The latter, subject to the authority of parliament, deter- 
mines what import duties shall be levied on goods brought 



i 



i 



340 THE FEDERAL GOVERNMENT 

into the country, and the minister of Custom collects these 

duties. 

The law provides that the master ot every vessel enter- 
ing any port in Canada shall proceed, without delay, to the 
customs house for the port, and there make a leport m 
writing of the arrival of such vessel, giving full ptrticulars 
of everything on board. In like manner no vessel can leave 
port without & clearance from the collector of customs. 
The collector of customs collects the duty on the goods thus 
imported, and deposits it in a duly authori«d bank to the 
credit of the minister of Finance, where it fatma part of the 
Consolidated Revenue Fund of Canada. 

The collectors are assisted by a staff of officials varying 
in number with the size and importance of the port. There 
are sub-collectors, appraisers, preventive officers, exanuning 
officers, landing waiteta and gaugers, besides the necessary 
number of clerks. Their duty is to ensure an honest collec- 
tion of the revenue. 

There is a Board of Customs which sits at Ottawa, under 
the chairmanship of the commissioner (who is the deputy 
head of the department). It is the duty of this board to 
interpret difficult points in connection with the tariff, and 
also to hear and decide appeals from the decisions of collectors 
and appraisers. The minister of Customs has the power 
under the act to make refunds of duties overpakl, or paid in 
mistake, at his discretion, but he has no authority to remit 
duties payable by law. Such remission can only be made 
by the governor in council, upon the recommendation of the 
Treasury Board. 

The bonding system at present existing between the 
United States and Canada appears to have had its origin 
and early growth in reciprocal arrangements between the 
two countries providing for the passing and repassing of the 
frontier by traders and Indians of both countries. The 
completion of the canal system of Canada in 1845, and the 
opening of the Grand Trunk Railway to Portland in 1853, 
demonstrated to both peoples that the shortest, cheapest 
and most convenient transport routes could only be secured 
by using both countries. On Dea mber 4, 1856, the Canadian 



THE MINISTER OT TRADE AND COMMERCE 341 
govetnnient paaaed an order-in-coundl providing for the 
free transit of goodi by raihrayr through Canada, from points 
in the United States to other points in the same country. 
Reciprocal action was taken by the Congress of the United 
States, which on July j8, 1866, enacted, mulatu mutandis, 
the same piwiitons. Both the order-in-coundl and the 
act of Congress ksve since been amended in detail, but 
remaim the fundamental authority for the bonding arrange- 
ments at pRsent in force. The latest agreement between 
Canada and the United States regarding transit in bond 
is under the Treaty of Washington, 1871, articles xxix and 

XXX. 

The inside service of the department of Customs consists 
of the deputy head, who, as has bmtn said, is styled the com- 
missioner, the assistant commissioner, the chatf Dominion 
appraiser, the analyst, and about one hundred and seventy 
officers and daks. The portfolio of Customs was aboUshed 
and the office ot controller of customs created in 1893, by 
virtue of an act passed in 1887 (50-51 Vict. cap. 11). The 
-ontroller was a member of the ministry, but not of the 
^binet, his department beu« placed under the supervision 
and control of the minister of Trade and Commerce. The 
controllership of customs was in turn abolished by an act of 
1897 (60-61 Vict. cap. 18), which revived the office of minister 
of Customs. 



The Minister op Trade and ComoncE 
The act of 1887 establishing the department of Trade 
and commerce (50-51 Vict. cap. 10) .ontains a proviso that 
it sfamld only come into effect by proclamation. Sir John 
Macdonald, in whose administration the act was passed, 
never saw fit to inaugurate the system contemplated by it, 
and it was not until Sir John Thompson became premier that 
tfce statute of 1887 was brooght into effect, from December 
3. 1892. 

The duties and powers of the department were not pre- 
eiseiy defined at the outset. It was vested with jurisdiction 
over such matters of trade and commerce ' as are not by 



i 



t^ THE FEDERAL GOVERNMENT 

law iiiMtiurl ID any other department of the government 
of Canada.' To diis day, although the department has 
Jeveloficd akag liaea of iti own, it ia not always easy for an 
outsider to dilhietttiate what may be called -'"s statistical 
trade functiona from those of the department of Customs. 

The chief conceni of the department of Trade and 
Conmerce is the enension of Canda's external trade, with 
the United Kingdom, the sister dominions and colonies, 
and also with foreign countries. To this end it established 
maay years ago a service of trade commissioners in various 
parts of the world, whose duty it is to take meabures for the 
develoiiment of Canadian cii— in rce atiroad. The reports 
ot these commissioners are published weekly by the depirt- 
■lent and circulated all ovei Canada, to the great advantage 
of the business community. The minister erf Trade and 
Commerce also administers the Inspection and Sale Act, 
with the exception of those portions with which the minister 
of Agriculture is charged, the Manitoba Grain (Inspection) 
Act, the Chinese Immigration Act, the Government Annuities 
Act and the CuBers Act. 

An important division of the departnant of Trade and 
Commerce is the Annuities branch, est^ilisbed in 1908 by 
Sir Richard Cartwright, with a view to promote habits of 
thrift, to encourage the people of Canada to make provision 
for their old age, and to facilitate their doing so. This 
scheme possesses the great advantage of affocding absolute 
security at the lowest possible cost. AU that an intending 
participant has to do is to reimt, from time to time, direct 
to the department at Ottawa, such aaoonta as he can spare 
for the purpose, or, if lie prefer to de so, he can deposit the 
same to the credit ot the receiv«T.genet»l in any money 
Older office. Upon these amounts four per cent compound 
interest is aOowed. and at the age of fifty-five («4tich is the 
earliest age at which an annuity can begin), or at any later 
date doifed, such annuity as the total amount then at his 
credk will purchase will be paid to him quarteriy so long as 
he nmf live. No charge is made for expenses of administra- 
tion. The mimmum amount of annuity which may be pur- 
chased is $50 and the maximum *6oo. The earliest age at 



THE DEPARTMENT OF MINES 343 

which the purchw may begin is five. To each purchaser a 
contract or policy is issued, and a provident feature of the 
system is that there are no penalties or forfeitures. If pay- 
ments should for any reason lapse, they may be renewed at 
any tome ; but even if arrears are not made up, the only effect 
wUl be that a smaller annuity wiU be secured. In 191 1 
1700 persons had availed themselves of the provisions of 
the act, and over »86o,ooo had been paid in purchase money. 
Ihe average amount of annuity aimed at was $250. Every 
dassof the community may be said to be purchasing annuities. 

The present deputy minister of Trade and Commerce is 
the chief controller of Chinese immigration, and has charee 
of the stttute relating thereto (R. S. C. cap. 95). The main 
Mature of this act is the provision requiring every person of 
Chinese ongm, irrespective of all^iance, to pay a head-tax 
of S500 on entering Canada.' 

The staff of the inside service of the department proper 
consists of the deputy head, chief assistant and accountant 
chief trade statistician, chief grain statistician, the super- 
intendent of annuities and about twenty-five clerks. 

The Department of Mines 
TUs department, established in 1907, consists of two 

branches— the Wines branch and the Geological Survey, under 

the control of the minister of Mines, who in 1912 was the 

minister of Inland Revenue. 

The functions of the Mines branch are defined by statute 

tobe ; 

(o) The collection and pubUcation of full statistics of the 
imneral production and of the mining and metal- 
lurgical mdustnes of Canada, and such data regard- 
ing the economic minerals of Canada as relate to 
the processes and activities connected with their 
utiUzation and the collection and preservation of 
all available records of mines and minine works in 
Canada ; ^ 

(b) The making of detailed investigations of mining 
camps and areas containing economic minerals or 
* See ' Immjgntioo and Population ' in tliis section. 



K4 THE FEDERAL GOVERNMENT 

deposits of other economic substances, for the pur- 
pose of determining the mode of occurrence, and 
the extent and character of the ore-bodies and de- 
posits of the economic minerals or other economic 
substances ; 

(c) The preparation and publication of such maps, plans, 

cctions, diagrams, drawings and illustrations as 
are necessary to elucidate the reports issued by tiie 
Mines brandi ; . . j ■ 

(d) The making of such chemical, mechamcal, and metal- 

lurgical investigations as are found expedient to aid 
the mining ano metallurgical industry of Canada ; 
(«) The collection, ,■ id preparation for exhibition in the 
Museum, of specimens of the different ores and 
associated rock 'd minerals of Canada, and such 
other matetial • . ir . necessary to afford an accurate 
exhibit of tho -. '.ling and metallurgical resources 
and industrii 'I of Canada. 

The functions of the Geological Survey are : 

(a) To make a full and scientific examination and survey 
of the geological structure and mineralogy of 
Canada ; to collect, classify and arrange for ex- 
hibition in the Victoria Memorial Museum, such 
specimens as are necessary to afford a complete and 
exact knowledge of the geology, mineralogjr, palae- 
ontology, ethnology, and fauna and flora of Canada ; 

(J) To study and report upon the facts relating to water 
supply for irrigation and for domestic purposes, and 
to collect and preserve all available records of 
artesian or other wells ; 

(c) To map the forest areas of Canada, and to make and 
report upon investigations useful to the preservation 
of the forest resources of Canada ; 

(i) To prepare and publish such maps, plans, sections, 
diagrams, and drawings as are necessary to illus- 
trate and elucidate the reports of surveys and in- 
vestigations ; 

(e) To carry on ethnological and palseontological in- 
vestigations. 

While the Mines branch is a new creation, the Geological 
Survey, on the other hand, is one of Canada's oldest insti- 
tutions. In 1842 Sir Charles Bagot, at that time governor- 



THE MINISTER OF MILITIA AND DEFENCE 345 
general, recommended to the secretary of sute for the Coloniea 
that a Geological Survey of Canada should be begun. The 
colonial secretary, Lord Stanley, fell in with the suggestion 
and placed the matter in the hands of Sir William Logan 
The provmaal legislature voted ;£500 towards the new under- 
tefang, and work was begun in 1843. Sir William Logan 
hUed the poution of director from 1842 to 1869, when ill- 
health compelled his resignation. He, however, continued 
to act as supervising head until a short time before his death 
m 1875- 

In those days the Geological Survey was not connected 
with any department of the government, its director report- 
ing direct to the governor-general. This system continued 
until the resignation of Sir William Logan, when an order-in- 
council placed the Survey under the control of the secretary 
of state for the Provinces, where it remained until trans- 
ferred to the departr-;r.nt of the Interior on the formation of 
the latter departmeni. .n 1873. 

Originally and for many years the headquarters of the 
Geological Survey were in Montreal. In 1881 the Survey 
was removed to Ottawa. In 1890 it became a separate de- 
partment, and continued so until 1907, when it was merged 
in that of Mines. The officer in charge of the Survey is, and 
always has been, even when he presided over the department 
as Its deputy head, known as the ' director." He is assisted 
by a number of trained geologists, botanists, naturalists and 
other men of science, who, with the patience, industry and 
zeal characteristic of their class, are striving to interpret the 
secrets of nature. 



The Minister of Militia and Defence 
The functions of the minister of Militia and Defence are of 
a twofold character. Like his colleagues, he presides over a 
dei»rtment of the civil service, which department is charged 
with the civil administration of the militia affairs of the 
Dominion, including the fortiBcations, ordnance, arms, stores 
and munitions of war, as well as the initiative in all matters 
involving the expenditure of money for militia purposes. In 



346 THE FEDERAL GOVERNMENT 

the execution of thli office he b (MUted by a deputy 

minuter and the requirite equipment of techmcal office™ 

•nd clerks. . , 

In reipect of the miliary edmuuitration, the minuter u 
•dviied by a council ityled the MiUtia Council, appomted 
by the governor-general in coundl. Thii council U compoe^ 
of four miliury members, the chief of the general ataff, 
the adjutant-general, the quartermaater-general, the maittr- 
genend of the ordnance ; and two dvU members m addition 
to the minister— the deputy minister of Militia, •""J** 
accountant and paymaster-general of the department. The 
minister is the chairman of this council, the deputy minister 
the vice-president, and the assistant deputy minister the 

•ecretary. . ... u • 

The chief of the general staff, as first milittry member, is 
required to advise on questions of general military policy, of 
the organization for active service, and of military defence. 
The training of military forces, education of officers, mtelh- 
gence, telegraphing and signalling are also among his special 
duties. He is assisted by three staff officere, a director of 
miUtaiy training, a director of milittry operations and staff 
duties, and a director of musketry. 

The adjutant-general is responsible for all questions of 
militii.-y administration. All appointments, promotions, re- 
tirements, honoura and rewartls are made upon his recom- 
mendation. He sees that aU orders to the militia are properly 
issued and distributed, and that discipline u maintained 
throughout the service. He has charge of the military 
arrangements connected with the Royal MiUtary College, 
and, through the director-general of medical services, of aU 
medical and sanitary questions. Matters of ceremonial and 
discipline come under his supervision. 

The medical services are spedaUy organized under a 
director-general as a division of the adjuttnt-general's branch, 
and there are also two assistant adjutants-general. 

The quartermaster-general has charge of the orgamzaticm, 
administration and technical training of all transports, the 
remount, railway supp;y barrack, ordnance and vetennary 
services. He is assisted by two staff officers— the director of 



THE MINISTER OF MILITIA AND DEFENCE 347 
clothing and equipment, who is aho the prinapsl ordnance 
oncer, and the director of tianiport and (upplief. 

The master-general of the ordnance is specially charged 
with the maintenance of fortilications, artillery and rifle 
rangM, and the construction of lesser military buildings (not 
exceeding $15,000 in cost). He decides upon the patterns, 
provinoos and inspection of guns, .mall arms and ammunition, 
and of aU artillery, engine stores and vehicles. He also has 
two staff officeti under him, the director of artillery and the 
director of engineer service. 

The presence of the deputy head and of the accountant 
and paymaster-general of the department on the Militia 
Counal establishes a point of contact between the dvil and 
military divisions of the service, and exercises a restraining 
influence in regard to the important questions of public 
expenditure. The Militia Council meeto once a week. The 
^8tem closely follows that in operation in the mother country. 
As in the caw of the Army Council, the Militia Council has 
succeeded to the duties formerly diwharged by the com- 
mander-in-chief, or, as the corresponding officer in Canada 
was styled, the general officer commanding the militia with 
the exception of executive command, which has passed into 
the hands of the officers in chaige of commands and districts, 
who are directly responsible to the council. To ensure that 
the council's orders are carried out, there is an officer known 
as the inspector-general, whose duty it is periodically to 
inspect the military forces of the country, and to see that 
everything is conducted in accordance with instructions 
To assist the inspector-general in the performance of these 
duties are six inspectors— of cavalry, artillery, engineers, 
army service corps, medical service and oidnance service 
respectively. 

The civil administration of the department at Ottawa 
consists of the deputy head, the assistant deputy minister 
the accountant and paymaster-general, the director of con- 
tracts, the secretary of the department, eighty-four inspectore, 
surveyors, draughtsmen and clerks. 



MKlOCOfY NtSOUITION TBT CHAIT 

(ANSI ond ISO TEST CHADT No. 3) 



i^ 



SL4I 



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/IPPLIED M/GE In, 



(?I6) 182 -0300 



348 



THE FEDERAL GOVERNMENT 






The Minister of Inland Revenue 

The principal functions of the department over which the 
minister of Inland Revenue presides are to collect the duties of 
excise, which are levied chiefly on spirits, malt, beer, tobacco, 
cigars, cigarettes, snuff, vinegar and acetic acid. Every dis- 
tiller, maltster, brewer, and tobacco or cigar manufacturer is 
obliged, before beginning business as such, to procure a licence 
for that purpose from the minister of Inland Revenue. The 
licence is granted at the discretion of the minister, and after 
the conditions prescribed by the act are complied with. 
These licences run for one year, and are subject to suspension 
or forfeiture by the minister for cause. IlUdt distillation, and 
other infractions of the inland revenue laws, are punishable 
by fine and imprisonment, and sometimes by both, the 
penalty usually being severe. The outside service of ti»e 
department of Inland Revenue is manned by district in- 
spectors, collectors, deputy collectors, excisemen, and so forth, 
stationed at places where excise licences are granted. Duties 
of excise are fixed by the Inland Revenue Act. They are 
distinct from those levied under the customs tariff, and are 
much less subject to change. 

Weights and measures are regulated by the minister of 
Inland Revenue under a special act. The Dominion stan- 
dards of length and weight and the metric standards are kept 
in this department, which also has the duty of certifying all 
meters used for the measurement of electrical energy. Every 
inspector of weights and measures is furnished with one or 
more sets of standards, called local standards, carefully veri- 
fied and authenticated by comparison with the departmental 
standards. With tbise are compared the weights, measures, 
balances and weighing machines used for purposes of trade, 
which are regularly inspected, and when found correct 
stamped or branded by the inspector. Appropriate penalties 
ate provided for the use of false or unjust weights. The 
metric system is legally optional in Canada, though as a 
matter of fact it is not employed in commerce or the affairs 
of orxiinary life, its use being confined to scientific purposes. 



■1; 



THE ROYAL NORTH-WEST MOUNTED POLICE 349 
Besides excise and weights and measures, the department 
of Inland Revenue administers acts relating to a great variety 
of subjects, among which may be mentioned those relating 
to gas and electric light inspection, adulteration of food, 
agricultural fertilizers, commercial feeding stuffs, proprietary 
medicines, petroleum inspection and the exportation of 
electrical energy. 

The staff of the department at Ottawa consists of the 
deputy minister, the secreury, the chief electrical engineer, 
the chief inspector of gas, the chief inspector of weights and 
measures, the chief analyst and about sixty officers and 
clerks. The portfolio of Inland Revenue was abolished in 
1892, and the office of controller of Inland Revenue substi- 
tuted therefor, under circumstances precisely similar to those 
already explained in the case of the department of Customs. 
Like that of Customs, the department of Inland Revenue 
was revived in 1897. 

The Royal Nohth-West Mounted Police 

The Royal North-West Mounted Police is a constabulary 
force, formed shortly after the acquisition by Canada of the 
North-West Territories. Its work was to be the establish- 
ment of friendly relations with the Indians and the mainten- 
ance of law and order in the vast regions stretching from 
Winnipeg to the summit of the Rocky Mountains. 

In the year 1873 Sir John Macdonald, at that time prime 
minister and minister of Justice, took the first steps towards 
the creation of this body, which he attached to his own 
department. Shortly afterwards his government went out of 
office, and the organization of the Mounted Police was com- 
pleted under Alexander Mackenzie, the force remaining under 
the control of the minister of Justice until 1876, when it 
was transferred to the secretary of state. Upon the return 
of Sir John Macdonald to office in 1878, he, holding that the 
control of this force should always appertain to the prime 
minister, again took it with him, first to the department of 
the Interior, then to the Privy Council, and lastly to the 
department of Railways and Canals. Such also was the policy 



■! 
\ 

hi 



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:i 



350 THE FEDERAL GOVERNMENT 

of Sir Wilfrid Laurier, who retained the force under his 
control, and the Hon. R. L. Borden, on assuming office in 191 1, 
iraintained the tradition. 

At the time of the organization of the force, what now 
forms the Provinces of Manitoba, Alberta and Saskatchewan 
was an almost unbroken solitude, save for the Hudson Bay 
trading posts and the trappers and Indians who roamed 
to and fro throughout the land. Shortly after this date 
civilization, recently planted in Manitoba, began to encroach 
on the wilderness, and treaties were made with the Indians. 
The building of the Canadian Pacific Railway rendered access 
comparatively easy, and before long the tide of settlement 
began to flow, bringing with it the usual quota of wild and 
lawless spirits that hang on the outskirts of civili7.ation. It 
was in those days that the Mounted Police demonstrate^ 
their usefulness in protecting the peaceable settler on his 
homestead, and the Indian on his reserve, in sternly repressing 
all forms of disorder, and in making white man and Indian 
realize that go where tl ■ .)uld they were not beyond the 
strong arm of the law. , .iile thus useful in promoting order 
and security among all races, their presence was indispensable 
to the control of the Indians, who could only be effectively 
restrained by a display of authority. 

Before the introduction of railways, the sphere of action 
of the Mounted Police was completely isolated from the rest 
of the Dominion. Means of communication were painfully 
irregular and slow, and those in command of the force had 
frequently to face occasions which called for the exercise 
of the greatest delicacy of judgment. That the Mounted 
Police acquitted themselves in the performance of their 
arduous and singularly varied duties with remarkable success 
is acknowledged by all who have a practical knowledge of 
early days in the North-West. So necessary were they felt 
to be that, when in 1905 Alberta and Saskatchewan were 
created autonomous provinces, it was mutually agreed between 
the Dominion and the new provinces that the Mounted 
Police should continue to exercise jurisdiction, as a force 
under the control of the Dominion government, for a 
period of five years— an arrangement which, for public 



THE MINISTER OF LABOUR 351 

convenience, was later renewed for a further period of 
five years. 

The original strength of the force was 300 officers and 
men. This number was increased to 500 in 1 882, and to 1000 
ra 188.S. Reductions have been made since 1S85, and the 
authorized strength in 19 it was 700. 

The departmental head of the Mounted Police force, under 
the prime minister, bears the title of comptroller, and is 
Uie deputy head of the department. Lieutenant-Colonel 
Frederick White has filled this office practically from the 
creation of the force, and his unwearied labours to maintain 
the high efficiency of this remarkably fine body of men have 
been recognized and appreciated by successive administra- 
tions. He is aided in his work by an assistant comptroller 
and a staff of clerks. The commanding officer is styled 
the commissioner, and under him in 191 1 were 2 assistant 
commissioners, 12 superintendents, 33 inspectors and 5 
surgeons. The headquarters of the Royal Horth-West 
Mounted Police Force are at Regina, with 10 divisional posts 
scattered throughout the North-West, and about lyf aier 
detachments. In 1903 His late Majesty Kini; Edv. .J vii 
granted to the Mounted Police the privilege of using the 
prefix ' Royal." Lord Minto, for six years gov;mor-general 
of Canada, and more recently vicerr- ^ndia, is honorary 
oommissioner of the force. 



The Minister of Labour 

In the year 1900 parliament passed » statute (63-64 Vict, 
cap. 24) , known as the Conciliation Act, to aid in the prevention 
of industrial disputes, and to provide for the publication 
of stotistical industrial information. The admmistration of 
this act was vested by order-in-council in the postmaster- 
general, who was empowered by parliament to ' establish and 
have charge of a department of Labour.' Under this authority 
a department was organized, and in a short time demonstrated 
its usefulness by successfully meeting the conditions it was 
created to serve ; so much so that in 1909 (8-9 Edw. vn, 
cap. 22) a cabinet portfolio was constituted and fill-id by the 



i 



It 



35J THE FEDERAL GOVERNMENT 

appointment of W. L. Mackenzie King, who had occupied the 
position of deputy head of the department, and who affords 
the only instance in Canada of promotion of a deputy minister 
to cabinet rank. The staff of the department of Labour con- 
sists of a deputy minister, who is the editor of the Labour 
Gazette (a publication in the interests of the industrial classes 
issued weekly from the department) and also registrar of 
the Board of Conciliation and Labour, together with an 
assistant deputy minister, and about sixteen technical officers 
and clerks. 

In 1906 the Conciliation Act and the Railway Disputes 
Act were amalgamated and became the Act respecting 
Conciliation and Labour (R. S. C, cap. 96), which was placed 
under the administration of the minister of Labour, as was 
alw) the Industrial Disputes Investigation Act of 1907. Subse- 
quently the minister was charged with the direction of the 
Combines Investigation Act passed in 1910 (9-10 Edw. vil, 
cap. 9) . 

The attitude of the department of Labour towards both 
parties to industrial disputes is essentially that of an inquirer, 
or in some cases that of a mediator. As soon as a strike is 
reported in the press or by correspondence of the depart- 
ment, an official communicates with each side— with the 
emi loyers, and with the representatives of the men— asking 
information as to the cause of the trouble, the number of men 
concerned, and any other particuLrs that may be available ; 
the department then keeps in touch with the parties by 
inquiries from time to time until the dispute is ended, full 
particulars as to duration and settlement being reported. 
If a strike is of large dimensions, the department sometimes 
sends a representative to the spot in order to investigate the 
matter, so that the minister may be fully informed on the 
subject. Under the Conciliation and Labour Act, if one party 
to a dispute makes application to the minister, a conciliator 
may be appointed who will endeavour to bring about a settle- 
ment. The deputy minister of Labour has frequently acted 
in the capacity of conciliator. 

Under the Industrial Disputes Investigation Act, 1907, 
a distinction is drawn between disputes affecting coal mines 



THE MINISTER OF 'ABOUR 353 

and public utility industries (railways of all kinds, shipping, 
telephones and telegraphs, gas and electric works), and in 
odier industries. In the first-named ciass the Industrial 
Disputes Investigation Act 1907 provides that before a strike 
or lock-out may take place the dispute sliall be made a matter 
of investigation before a Board of Conciliation and Investiga- 
tion appointed under the act. Either party may apply to the 
minister of Labour for a board. These boards consist of 
three members, one appointed on the recommendation of 
the employer, one on the reco-nmendation of the employees, 
and the tliird on the recomn lation of the other two. It 
is the duty of this board ' .-ndeavour to bring about a 
friendly settlement of the di .e, and for purposes of getting 
at the facts it is clothed wui. all necessary powers. Should 
either party refuse or fail to nominate a member of the boeuxl, 
the minister may appoint one in the place of the refusing or 
defaulting party, and, if the member so chosen fails to elect 
a third member, the minister must make such selection. Thus 
in certain contingencies the minister makes two appointments 
out of three. The board's first duty is conciliation and then 
investigation, and in the event of no definite agreement being 
reached it becomes the duty of the board to make a report to 
the minister, containing recommendations as to the marmer 
of settlement. The department requests from the two parties 
a statement as to their attitude respectively on these recom- 
mendations. In the event of the recommendations being 
accepted by each party, what amounts to an agreement is 
reached. In the event of either side refusing to accept the 
reconmiendations, the prohibition of strike or lock-out is 
removed. 

Although the Industrial Disputes Investigation Act, 
1907, applies directiy only in the case of coaj mining and 
public utility industries (as above set forth), and prohibit? 
strikes and lock-outs in these industries pending inquiry 
before a board, the act permits the use of its machinery 
in the case of other industrial disputes, provided in these 
cases the consent of both parties is obtained. The de- 
partment has frequently had occasion to approach the 
respective parties, explaining the law and acting as a medium 



m 



^.'' 



Si 



I 



I 



354 THE FEDERAL GOVERNMENT 

of negotiations, leading frequently to a aolution of all 
differences. , , , . ■ ■ 

It may be added that sincr the enactment o* the Industrial 
Disputes Investigation Act, lyo/, the machinery of the earlier 
Act (Conciliation and Labour) has not been called largely into 
requisition, probably because of the above-stated feature of 
the Industrial Disputes Investigation Act. 

Thb Deputy Ministers 

Fiom what has gone before, it may readily be inferred that 
the deputy heads of departments play an important part in 
the administration of the country's affairs. Upon them falls 
in great measure the responsibility of carrying on the business 
of the executive government. The busy minister, with his 
manifold duties towards the crown, his colleagues, parliament, 
his constituents, and the public at large, must perforce leave 
the greater part of the business of his department to his 
deputy, who brings to the task the knowledge and experi- 
ence which his permanent position enables him to acquire. 
Governments come and go. Even in the same administration 
changes occur with more or less frequency, but the deputy 
minister remains, to tender to successive ministers that loyal 
assistance and support which they have a right to expect, 
and without which departmental administration could not be 
successfully carried on. Taking no part in politics, the deputy 
head regards himself as a trustee for the ministry of the day, 
bound to serve the government in all things so far as he 
properly can. He is of cou.se bound by a higher sanction to 
refuse to do, or acquiesce in the doing of, anything contrary 
to law, or anythmg which, though not technically illegal, may 
be opposed to his sense of propriety. He may also state to his 
minister his objections to a course which, while not comprised 
within either of these categories, he may conceive to be 
injurious to the public interest, and acquaint him with his 
views of the consequence of a proposed line of action ; but 
having done this much, his duty is clear. He is in office to 
carry out the policy of the head of the department, upon 
whom rests the responsibility for all his official acts. 



THE DEPUTY MINISTERS 355 

The deputy head is a member of the civil service ap- 
pointed by the governor in council and holds office during 
pleasure. He is not, as some suppose, a semi-minister, for he 
occupies no advisory relation towards the crown, nor does he 
possess any representative character, being merely the deputy 
of his minister. This distinction was more clearly tecog- 
nired in the early years of Confederation than at the presen<- 
day. The statutes escablishing the principal departments 
and constituting the office of deputy head, invariably and 
with design, speak of that officer as the ' oeputy 0/ the 
mmister,' and such continued to be the rule until a compara- 
tively recent period, when the title of 'deputy minister' 
began to supplant the older form. However, there has not 
been any corresponding change in the status of the deputy 
heads, who occupy the same relation towards the heads "f the 
public departments as they did in the beginning. 

Occasionally a suggestion is tentatively put forward as 
to the advisability of introducing into Canada the English 
system of parliamentary under-secretaries, who, though 
menibers of the administration, are in a real sense ' deputy 
ministers ' in that, while possessing seats in parliament and 
a certain responsibiUty of dieir own, they are subordinate in 
their official capacitj- to the members of the cabinet. The 
advantages of this plan are chiefly experienced in parliament, 
where the under-secrBtary in replying to questions, in explain- 
11^ policy, and in defending the acta of the government, 
affords much aid to the responsible minister. In Canada it 
would be equally effective in these respects, and, in addition, 
would relieve the minister of a mass of work conntoted with 
poUtics and patronage which absorbs much of his time, and 
from which the imperial cabinet minister is relatively free. 

In England a cabinet minister is so hedged about with 
forms as to be almost unapproachable. An interview with 
him can be secured only upon the presentation of suitable 
lettera of introduction, and after divers conferences with one 
or more private secretaries. By this means the minister has 
leisure to devote adequate time to the consideration of the 
affairs of state. In democratic Canada a different order of 
thmgs prevails. Cabinet ministers are quite unprotected. 



\\t\ 



m 



356 THE FEDERAL GOVERNMENT 

Every free and independent elector conuders that he has a 
right to interview even the first minister, upon all manner of 
irrelevant topics, at any hour of the day or in any place, 
without notice or warning of any kind, and he considers himr 
self much aggrieved when occasionally intercepted by the 
vigilance of a private secretary in the act of forcing his way 
into the ministerial presence. 

That parliamentary under-secretaries would relieve Cana- 
dian cabinet ministers individually from much labour and 
many annoyances, both inside and outside parliament, is 
probable. Whether the plan would conduce to the moi« 
effective working of the public departments is open to ques- 
tion, and it is also problematical to what extent a Cana- 
dian minister could safely emulate the exclusiveness of his 
imperial prototype. 

Pbivate Secretaries to MmisTERS 

It is the undoubted right of a cabinet minister to choose 
his own secretary, either from within or without the ranks of 
the service, as he may elect. The importance of the office 
depends largely upon the aptitudes of the incumbent, and 
the personal relations existing between him and his chief. 
A practical knowledge of shorthand and typewriting is nowa- 
days essential. With this equipment a private secretary can 
conduct the mechanical part of correspondence, but if that 
be the limit of his usefuhiess, he falls far short of the tequire- 
menu of the office and of what his minister has a right to 
expect of him. 

No position is so completely what the holder chooses to 
make it as that of private secretary to a minister of the 
crown. If he is content to act as an amanuensis only, with 
one eye on the clock, an amanuensis he will remain till the 
end of his days. If, on the contrary, he displays an intdli- 
gent interest in his work ; if, ignoring hours and disregarding 
his own personal convenience, he is always at his post, ' never 
in the way and never out of the way,' as Charles n used to 
say of the Earl of Godolphin ; if he is assiduous in the per- 
formance of his duties ; if he thinks for his minister and is 



THE CIVIL SERVICE COMMISSION 357 

T^.f ?f f!*^ '° anticipate hia wiihes ; if he i« prudent, 
tactful, faithful and diKreet, he can make hinuelf indi^ 
penuble to hii chiet, and at the aame time lay up a store of 
knowledge and experience that will stand him in good stead 
some day. 

The above is true of -n .rivate secretaries, but doubly 
so m the case of the private cretery to the prime minister, 
who holds one of the most erous and tesponuble posU in 
the public service. So well is this recognized in England 
that the office is eagerly sought as the gate to high preferment. 

The Librakv of Pailuuent 

. . ^^* parliamentary library is under the management of 
jomt hbi-jnans, one styled the general Ubrarian and the other 
the parliamentary librarian, who report direct to parliament 
at the begmmng of everj- session, on the state of the library. 
There is also a joint committee of both h >uses on the library 
while the executive control over the staff appertains by 
custom to the prime minister. Each librarian enjoys the 
rank and salary of a deputy hesd. 

The parliamenury library is ,vhat its name imports— 
a library for the use of members of parliament and of the 
pubhc service. It is not primarily intended to serve the 
purposes of a public library for the citizens of Ottawa, though 
during the parliamentary recess the residents of the capital 
inadentally enjoy the advantages which it confers. 

The library building was originally intended to hold 
l»o,ooo volumes, but by some miscalculation the actual 
shelf room never exceeded provision for 75,000. When it is 
considered that there are at the present time (igi2\ 400,000 
books within its walls, some idea may be formed of its con- 
gested condition. 



The Civn. Service Cohmission 
In the year following Confederation, the governor in 
council appointed the f 'st of what was destined to be a series 
of royal commissions, .j inquire into th? state and require- 






I) 



358 THE FEDERAL GOVERNMENT 

menti of the dvil nrvice. Thia commi»ion nibmitted, in due 
coune, a acheme for the recon»titution of the service, which 
WM adopted, and for eleven yean, to far a* the inaide lervice 
was conremed, formed the basis of its organization. 

In those days appointments to the service were quite 
franlcly political, no test of fitness being required. When a 
vacancy occurred, the minister nominated a friend for the 
position, and he was appointed as a matter of course. It is 
right to add, however, that even at that early pe.^od there 
were several redeeming features in the administration of the 
public service. In the first place, the tenure was virtually 
permanent. Canada has never been cursed with the bar- 
barous system, long in vogue in the United States, under 
which every public servant, no matter how diligent, faithful 
and competent he might be, was turned out of office at each 
change of government. So long as a man behaved himself 
and abstained from interference in politics, in the Canadian 
service he has always been secure. Then again, while political 
influence was a potent factor in securing admission to the 
service, once in, promotion, generally speaking, went accord- 
ing to merit, or at any rate was not influenced by political 
considerations. Now and then there might have been an 
exception to this rule, but still the rule held good. 

A commission appointed in 1880 reported strongly against 
the then existing mode of appointment, and urged that Canada 
should follow the example of the mother country by insti- 
tuting a system of open competition to govern entrance into 
the service, with promotion by merit. To this end they re- 
commended placing the service under a board of civil service 
commissioners. The time was not felt to be opportune for 
the adoption of this plan in its entirety, but an act was puaed 
in 188a (45 Vict. cap. 4) reorganizing the service and providing 
for the establishment of a Board of Examiners whose duty it 
should be to examine all candidates for admission thereto, 
and to give certificates of qualification to those who success- 
fully pissed the prescribed tests. This board was appointed 
in the summer of 1882, and for twenty-five years discharged 
its functions until superseded by the present Civil Service 
Commission. 



THE CIVIL SERVICE COMMISSION 339 

The ctUblithment of ui educational qualification waa no 
'loubt an improvement upon prevailing conditions, and during 
the earlier years of its existence the board rendered a serice 
to ministers of the crown in intervening between them and 
applicanu for office. The relief thus alTofded, however, was 
but temporary. The examinations were easy. They were 
not competitive, and with the lapse of time the list of qualified 
aspirants grew apace, until almost every person became 
eligible, and things were as before. 

Still, successive governments shrank from effecting any 
ori^nic change, and, beyond occasionally amending the Civil 
Service Act and appointing fresh commissions of inquiry 
every ten or twelve years, did nothing. One of these bodies, 
created in 1892, renewed the recommendations of ito pre- 
decenor for the appointment of a permanent commission to 
relate the service, but with no material result. Indeed, 
things kept getting worse, for the periodical amendments 
made to the act were for the most part designed to meet 
particuUr circumstances as they arose, and, so long as the 
special occasion was served thereby, slight regard appears 
to have been paid to the effect of the mendments upon the 
ymmetry of the act as a whole. So ongruities multiplied. 
At length, forty years after the first .ccps had been taken to 
improve the service, the govemmenL resolved upon a radical 
reform. In 1907 it entrusted to another myal commission 
the task of instituting a thorough inquiry into the ' ( -king 
of the whole system. The commissioners went fu , into 
the question, and in a report which caused some stir 1 the 
time, discussed the subject from many points of view. They 
unsparingly condemned the exeidse of political influence in 
the matter of appointments ; found fault with the exioting 
classification ; pointed out that the salaries were inadequate ; 
and advocated the restoration of the superannuation system, 
with added provision for the support of the widows and 
orphans of deceased civil servants. Placing a wide inter- 
pretation upon their instructions, they went on to criticize 
the administration of the public departments in tegard to 
matters of policy. 

Their exhaustive report appeared in the early part of 



360 THE FEDERAL GOVERNMENT 

1908, and the same session saw an act placed on the statute 
book of far-reaching importance to the service. By this 
act the government divested itself of the ordinary ezeidse 
of its power of appointment to the civil service, and entrusted 
it to a commission consisting of two members appointed 
by the governor in council, but removable only on an 
address of the Senate and House of Commons. With certain 
exceptions, the system of competitive examination was 
established for the filling of all positions in the inside service 
below that of deputy head. These examinations are held 
at stated intervals, imder regulations of the commission 
approved by the governor in council. Before holding such 
examination the commission is furnished by each depart- 
ment with a list of permanent officers and clerks likely to be 
required withir. the next sue months. On this basis the 
commission computes the number of competitors to be selected 
at the next ensuing examination, placing any remaining over 
from the last examination who have not received appointments 
at the head of the list. Thereupon the commission advertises, 
and otherwise gives notice of the examinations, stating the 
character and number of the positions to be competed for. 
When a department has need of the service of a clerk, the 
deputy head, with the approval of his minister, applies to 
the commission, which selects from the list of successful com- 
petitors a suitable person for the required duty. Th«e 
selections are, as far as practicable, in the order of merit, 
but latitude is given to the commission permitting it in 
certain cases to appoint the person who has shown special 
qualifications for the position to be filled. The commission 
forthwith notifies the Treasury Board and the auditor- 
general of the name and position In the sendee of each cleric 
supplied to any department. The head of a department, 
on a report in writing of the deputy head, has the right to 
reject any clerk supplied by the commission within six months, 
at the expiration of which period he is deemed to have been 
permanently accepted. 

The civil service is divided by the act of 1908 into two 
main divisions, the inside service and the outside service. 
The jurisdiction of the conmiission is confined to the inside 



THE CIVIL SERVICE COMMISSION 361 

service, gave as regards the holding of examination, for the 
out.ide service, which it is empowerwi to do by an oider- 
";*?"1'°'.*™^'«'^K to it the work of the old Board of 
Civil Service Examiners. 

The inside service, under the deputy heads, is divided 
into three divisions, each of which has two subdivisions. 
Subdivision A of the first division consists of the officem 
having the ranlc of deputy heads but not being deputy 
heads, assistant deputy ministers, and the principal tech- 
meal administrative and executive officers. Subdivision B 
consists of chief officers of lesser importance than those 
forming subdivision A. 

The second division consists of those clerks having duties 
of the same character, but of lesser importance than those 
of tte first division. This division also has two similar 
subdivisions. 

The third division consists of those whose duties are 
copying and routine work under direct supervision. It also 
IS divided into subdivisions A and B. 

Promotions, other than from the third to the second divi- 
sion, continue to be made by the governor in council, upon 
the recommendation of the head of the department based 
on a report in writing from the deputy head, but they require 
in addition a certificate of qualification from the commission 
to be given with or without examination as the commission 
may determine. 

The Civil Service Commission has now (1912) been in 
operation for four years, not an extended period when viewed 
absolutely, yet tong enough to form an opinion as to the 
result of what at its inception was looked upon by many as 
a venture. While the change may have operated to the 
disadvantage of individuals here and there, and while modi- 
ficahons m the act and regulations may be necessary from 
tune to time, there can be little doubt that the experiment 
has proved on the whole successful. 

The removal of the service from the political domain, 
besides being beneficial both to poUtics and to the service 
Itself, has proved an immense boon to ministers of the crown 
and pnvate members of parliament in lightening the burden 



jCa THE FEDERAL GOVERNMENT 

of patronage. In addition to these advantages, the examina- 
tions have set a higher standard of ef?=ciency, and supplied 
a better class of you.ig men and women than were secured 
under the old system. Under the skilful guidance of the 
commission there has been on the whole surprisingly little 
friction, and the public departments have fallen almost imper- 
ceptibly into the new order, perhaps the best test of the success 
of which is to be found in the fact that no one in authority 
would voluntarily revert to the old conditions of affairs. 



Iff! 



The Couhission of Conservation 

The movement for the conservation of the natural 
resources of the Dominion had its origin in a joint conference 
of the representatives of the United Sutes, Mexico, Canada 
and Newfoundland, which, on the invitation of the president 
of the United States, met at Washington in the early part of 
the year 1909 to consider the whole question from a con- 
tinental point of view, wholly apart from political or national 
divisions. This North American Conference recommended 
the establishment of permanent conservation commissions 
in each of the countries represented thereat. The Canadian 
goverrunent, realizing the great importance of the project, 
gave it their hearty support by effecting the passage of the 
necessary legislation, and making suitable provision for the 
carrying on of the work. 

The Canadian commission is composed of 32 members 
— 13 es officio, and 20 nominated by the governor in council. 
The ex officio members are the ministers of Agriculture, the 
Interior, and Mines, in the Dominion cabinet, and the 
members of each provincial government in Canada charged 
with the administration of the natural resources of that 
province. Of the nominated members, at least one in each 
province must be a member of a faculty of a university 
within such province. The president and secretary are 
likewise appointed by the governor in council. 

In the constitution of this commission much care seems 
to have been taken to make it thoroughly representative of 
those classes and interests in the country most concerned 



THE INTERNATIONAL JOINT COMMISSION 363 
in the succem of the movement, and best qualified to deal 
with the various problems which it presents. Men versed 
in administration, both in the Dominion and provincial 
spheres, others distinguished for their scientific attainments, 
and those wlio have achieved success in various forms of 
business enterprise, are here brought together to combine 
their varied knowledge and experience in the great work of 
effectively utilizing and conserving for succeeding genera- 
tions the vast resources of the Dominion. 

The functions of the commission are inquisitorial and 
advisory only. It possesses no executive or administrative 
powers. Its duty is to investigate the large questions with 
which it is called upon to deal, to collect and assimilate the 
information so secured, and to report the result of its labours to 
the government, with whom rests the responsibility of action. 

The able and exhaustive address of the Hon. Clifford 
Sifton, chairman of the commission, delivered on the occa- 
sion of the first annual meeting held at Ottawa on January 
18, 1910, set forth with great clearness the aim and objects 
of the commission. The chairman's staff consists of the 
secretary, the editor and assistant secretary, a draughtsman 
and two clerks. The necessary reports to the governor 
in council in relation to the affairs of the commission are 
made by the minister of Agriculture. 

The International Joint Commission 

On June 13, 1902, the president of the United States 
approved an act of Congress providing for the appointment 
of an international commission of sot members, three repre- 
senting the interests of Canai*! and three from the United 
States, to investigate and report upon the conditions and 
uses of the waters adjacent j> the boundary line between 
the United States and Canada. This invitation was accepted 
on the part of Canada, and in December 1903 William 
Frederick King was appointed as one of the Canadian 
members of such body, which was known as the International 
Waterways Commission. In January 1905 James Pitt 
Mabee and Louis Coste, C.E., were named to act in conjuno- 



364 



THE FEDERAL GOVERNMENT 



i 



tion with King, and on May 20 following Mabee was appointed 
chainnan of the Canadian section of the commiasion, with 
Thomas Coti as secretary. Coti acted as secretary to the 
full commission up to the appointment by the United States 
govenmient, on August i, 1905, of L. C. Sabin as secretary 
of the United States section. The United States members 
of the commission were appointed on October 3, 1903. They 
were Colonel O. H. Ernst, corps of engineers United States 
Army, George Clinton, attomey-at-law of Buffalo, New 
York, and Professor Gardner S. Williams of Ithaca, New 
York. The Canadian section held its first meetings at 
Ottawa on March 6 and 7, 1905. 

Among the subjects they were directed by the govern- 
ment of Canada to consider were : 

1. The proposed diversion southward by the Minne- 
sota Canal and Power Company of Duluth, of certain 
waters in the State of Minnesota, that now flow north into 
the Rainy River and the Lake of the Woods. 

2. The diversion about a mile and a half east of the 
town of Sault Ste Marie of part of the waters of the 
St Marys River into the Hay Canal entirely through 
American territory. The River St Marys now forms 
part of the boundary between the United States and 
Canada, and the waters of the river are clearly inter- 
national. The Canadian vessels of necessity are using 
the Hay Canal, but no treaty has been made concerning 
their right. 

3. Inquiry into the effect on the levels of Lakes Huron 
and Erie of the construction of the Chicago Canal. 

4. The building of the dam and other obstructions on 
the St John River, flowing through the State of Maine 
into New Brunswick, contrary to the express stipulation 
of the A^burton Treaty. 

The United States section held its first meeting at 
Washington on May 10, 1905, and completed its organization 
by electing Colonel Ernst as chairman. 

It was soon seen that the United States govenmient 
placed a much narrower construction upon the act of Congress 
authorizing the appointment of the commission than Jiat 
applied to it by the government of Canada, which held that 



THE INTERNATIONAL JOINT COMMISSION 365 
die scope of its powers covered all waters adjacent to the 
boundaries of the two countries. The United S<ates, on 
the other hand, understobd the inquiries of the commission 
to be hnuted to the waters of the Great Lakes only. Upon 
their persistence in this view, the Canadian govenunent 
yielded the point and the narrower construction prevailed 
On May 25, 1905, the full commission held its first meeting 
at Washington. At this meeting Colonel Ernst was elected 
chauman, it being agreed that at meetings of the full com- 
mission held on United States territory the chairman of the 
United States section should preside, and at meetings held 
on Canadian territory the chairman of the Canadian section 
should preside. It was decided that for the present the offices 
01 the Canadian section should be established in Toronto, and 
those of the United Sutes section in Buffalo. Subsequently 
the Canadian section decided to establish its permanent 
quarters in Ottawa. At later meetings various questions 
were discussed from time to time, among them being : 

A. The us^ of the waters at Sault Ste Marie for power 
purpose, and the regulations necessary to ensure an 
equitable division of the waters between the two countries 
and the protection of the navigation interests. 

B. The use* iif the waters of the Niagara River for 
power purposra, and the regulations necessary to ensure 
an equitable division of the wateis between the two 
countnes and the protection of Niagara Falls as a scenic 
spectacle. 

C. The alleged differences in the marine r^ulationa 
"*?« *y™ countries with respect to signal Ughts, and the 
advisabdity of adpptmg uniform signals for both countries. 

I ■ The advirabiUty of building controlling works at the 
outlet of Lake Ene, including the effect upon the levels 
ol the Lakes and upon their shores, and upon the River 
St Lawrence. 

E. The diversion southward by the Minnesota Canal 
and Power Company of Duluth, of certain waters in the 
htate of Minnesota that now flow north into the Rainv 
River and the Lake of the Woods. ' 

F. The effect of the Chicago Drainage Canal upon the 
leveb of Lakes Michigan, Huron, Erie and Ontario, and 
upon the River St Lawrence. 



366 



THE FEDERAL GOVERNMENT 



m 



G. Delimiting die international boundaiy on the inter- 
national waterwaya, and delineating the tame on modem 
charts. 

H. The supprenion or abatement of illegal fiahing on 
the Great Laltes. 

I. The location and constniction of common channel*. 
J. Regulations to govern navigation in narrow channels, 
k. Protection of wores from damage due to deepening 
of channels and increased speed. 

L. The transmission of electric snergy generated in 
Canada, to the United States, and vice versa. 
Towards the doee of 1905 J. P. Mabee, havii;^ been 
appointed to the Ontario bench, resigned his position as 
chairman of the Canadian section, and George C. Gibbons, 
K.C., of London, Ontario, was appointed in his stead. In 
March 1907 W. F. King resigned from the commission and 
was succeeded by William J. Stewart, chief engineer of the 
Hydrographic Survey of Canada. 

On April 11, 1908, Great Britain and the United States 
concluded a treaty respecting the demarcation of the inter- 
national boundary between the United States and Canada. 
For the purposes of this treaty the boundary is divided into 
eight sections : (i) Through Passamaquoddy Bay ; (a) from 
the mouth to the source of the St Croix River ; (3) from the 
source of the St CroU to the St Lawrence River ; (4) from its 
intersection with the St Lawrence River to Pigeon River j 
(j) from the mouth of Pigeon River to the north-westernmost 
point of the Lake of the Woods ; (6) from the north-western- 
most point of the Lake of the Woods to the summit of the 
Rocky Mountains ; (7) from the summit of the Rxxky Moun- 
tains to the Gulf of Georgia ; (8) from the 49th parallel to 
the Pacific Ocean. 

These divisions are dealt with for the most part by special 
commissions appointed for the purpose, but Article IV of 
the tr«aty chaije" the existing Waterways Commission to 
ascertain and rfi-establish accurately that portion of the 
boundary line between St Regis and Pigeon River, that is to 
say, from its intersection with the St Lawrence River, through 
the Great Lakes to the western shore of Lake Superior. This 
work is still in progress. 



l^i 



THE INTERNATIONAL JOINT COMMISSION 367 

Meanwhile infonnal negotiation* had been going on look- 
ing to the creation of a new conuninion with enlarged powen 
for dealing with all international questions of water rights 
on the frontier between the United States and Canada. 
These negotiations finally resulted in the ti«aty of January 1 1, 
1909, establishing the present International Joint Commission, 
which is clothed witii authority to deal not merely with 
boundary waters, but also with ' all questions which are now 
pending between the United States and the Dominion of 
Canada, involving the rights, obligations or interests of either 
in relation to the other or to the inhabitants of the other, 
along their common frontier, and to make provision for the 
adjustment and settlement of all such questions as may here- 
after arise.' This treaty was approved by the parliament of 
Canada on May 19, 1911 (1-2 Geo. v, cap. 28). Articles 
VII and X respectively provide that : 

Article vii 
The High Contracting Parties agree to establish and 
maintain an International Joint Commission of the 
United States and Canada composed of six Commis- 
sioners, three on the part of the United States appointed 
by the President thereof, and three on the part of 
the United Kingdom appointed by His Majesty on the 
recommendation of the Governor in Council of the 
Dominion of Canada. 

Article z 
Any questions or matters of difference arising between 
the Hijji Contracting Parties involving the rights, obliga- 
tions, or interests of the United States or of the Dominion 
of Canada, either in relation to each other or to their 
respective inhabitants, may be referred for decision to the 
International Joint Commission by the consent of the 
two Parties, it being understood that on the part of the 
Umted States any such action will be by and with the 
advice and consent of the Senate, and on the part of His 
Majesty's Government with the consent of the Govemor- 
Genend in Council. In each case so referred, the said 
Commission is authorized to examine into and report 
upon the facts and circumstances of the particular ques- 



li 



368 THE FEDERAL GOVERNMENT 

tioiu and matten referred, together with (uch concluiion* 
and recomroendationa aa may be appropriate, nibject, 
however, to any restrictiona or exceptiona which may be 
imposed with letpect thereto by the terma of the reference. 

A majority of the said Commission shall have power to 
render a decuion or finding upon any of the questions or 
matters so referred. 

If the said Commission is equally divided, or otherwise 
unable to render a decision or finding as to any questions 
or matters so referred, it shall be the duty of the Com- 
misstoners to make a joint report to both Governments, 
or separate reports to their respective Governments, show- 
ing the different conclusions arrived at with lef^rd to 
the matters or questions so referred, which ciuestions or 
matters shall thereupon be referred for decision by the 
High Contracting Parties to an Umpire chosen in accord- 
ance with the procedure prescribed in the fourth, fifth, 
and sixth paragraphs of Article XLV of The Hague Con- 
vention for the pacific settlement of intenutional dis- 
putes, dated the l8di October, 1907. Such Umpire shall 
nave power to render a final decision with respect to those 
matters and questions so rtferred on whidi the Com- 
mission failed to agree. 

The British commissioners appointed by His Majesty 
on November 10, 1911, under Article vil were Thomas Chase 
Casgrain, Henry Absalom Powell and Charles Alexander 
Magrath. The United States section, appointed in the pre- 
ceding March, consisted of Thomaa Henry Carter, James 
Tawney and Frank Sherwin Stieeter. On the death of 
Carter, the He 1. George Turner was appointed to fill the 
vacancy. 

In January 1913 the first meeting of the full commission 
was held in Washington, at which certain rules of procedure 
were adopted. It was agreed that regular sessions of the 
commissioners should be held aimually at Washington begin- 
ning on the first Tuesday of April, and at Ottawa beginning 
the first Tuesday of October. L. J. Burpee and L. White 
Bu3sey were appointed secretaries of the British and American 
sections respectively. 

This body, known as the International Joint Com- 
mission, has superseded the old International Waterways 



THE HIGH COMMISSIONER 369 

Conuniaion, which ia now functus ofido tave as re»pect» the 
laying down of the boundaiy through the Great Lakes, with 
which duty it wa< especially charged by the treaty of April 1 1, 
1908, and upon which it is still engaged. 

Tbb Higb Commissioner 

In the yeari879 certain members of the Canadian ministry 
then in England represented, in a confidential memorandum 
addressed to the secretary of state for the Colonies, the need 
which existed of providing the means of constant and con- 
fidential communication 'between Her Majesty's Govern- 
ment and Her local advisers in Canada in extension of the 
more formal relations subsisting through the correspondence 
of the Secretary of State for the Colonies with the Governor- 
General.' The memorandum went on to observe that 

it appears to the Canadian Government eminently 
desirable to provide for the fullest and most frank inter- 
change of views with Her Majesty's Government, and 
for the thorough appreciation of the policy of Canada on 
all points of general interest. Otherwise there appears 
to be danger of a feeling growing up of indifference, if 
not of actual antagonism and irritation upon both sides. 
The idea must be avoided that the connection of Canada 
with the British Empire is only temporary and unabiding, 
instead of being designed to strengthen and confirm the 
mamtenance ofBritish influence and power. 

It is now being found in practice that there are con- 
stantly questions arising, connected wiA the adminis- 
trataon of affairs in Canada, requiting discussions in a 
mode, and to an extent wholly impracticable by the 
ordinaivduumel of correspondence through the Governor- 
General ; and periodical visits have to be made to London 
for Ois purpose by the important membera of the 
Canadian Government, entailing serious inconvenience. 

Her Majesty's government having returned a sympathetic 
answer, an act was passed in the following session of the 
Canadian parliament, constituting the office of high com- 
missioner for Canada in the United Kingdom. His duties 
were thus defined: 

YOU. I 3^ 



W 



370 THE FEDERAL GOVERNMENT 

(I) To act u lepreMntative and roident Ag«t of tin 
Dominioo in the United Kingdom, and in tliat capacity 
to execute inch powen and to perfonn nidi dutiea at 
nay from time to time be conf ened upon and anigncd to 
him Iwthe Governor in Council ; 

(a) To take the charge, niperviiion and control of the 
Immigration offices and aiende* in the United Kingdom, 
under the Miniiter of Agiicultuie ; 

(3) To cany out iuch instructioni a* he may from 
time to time receive from die Governor in Council re- 
specting the commercial, financial and general interests 
of the r minion in the United Kingdom and elaev^ere. 

A few uays after this statute received the royal assent. 
Sir Alexander Gait was appointed high commissioner. He 
held the position until May 31 , 1883, when Sir Charles Tupper, 
at that time a member of Sir John Macdonald's cabinet, was 
appointed to perform the duties of the ofiice without salary, 
thus enabling him to retain his portfolio of Railways and 
Canals and his seat in the House of Commons. On May 33, 
1884, Sir Charles withdrew from the Canadian government, 
and on the following day was appointed high commissioner 
in the usual manner. In January 1887 he resigned this office 
to te-enter the cabinet, this time as minister of Finance. He 
remained in the ministry until May 1888, when he returned to 
the high commissionership, which he held until January 1896, 
when he was called to be prime minister of the Dominion. 
Sir Charles was succeeded in the high commissionership by 
Lord Strathoona and Mount Royal. 

The Agent of Canada in Paris 

In the year i88j the Hon. Hector Fabre, at that time a 
member of the Senate, having been selected by the govern- 
ment of the Province of Quebec to reside in Paris in order to 
promote their financial, commercial and other interests, the 
government of Canada commissioned him to act in a similar 
capacity as agent for the Dominion. Instructions furnished 
the agent on October 3, 1882, thus defined his duties : 

' To spread information in France and on the continent 
of Europe regarding Canada, its resources and its advantages 



THE SUPREME COURT 371 

u a field for emigration. That he will tin wlidt the atten- 
tion of the capttalifti of France to the mineral*, timber and 
fidi product! of Canada and the promiw which th^ offer in 
return for their development.' 

The agent it directed to conform to any inatnictiona which 
he may receive from the high comminioner for Canada in 
Umdon regarding step* to be taken to improve the commer- 
cial relationi between France and Canada, and to report 
monthly to the aecretary of atate the effcrU which he may 
have made to carry out the duties entruf ' d to him. 

Fabre continued to act as agei. of the Canadian 
government in Paris until his death in 1910. His successor 
waaalso drawn from the Senate in the person of the Hon. 
Philippe Roy, who on May i, 191 1, was appointed ' Com- 
misaaire G«n«ral du Canada en France,' without, however, 
any change in the status enjoyed, or functions discliaiged by, 
his predecessor. 

The Svtsehe Coukt 

The Supreme Court of Canada was constituted in the 
year 1875 by act of the parliament of Canada 38 Vict. cap. y 
It consists of a chief justice styled the chief justice of Canada, 
and five puisne judges, of whom at least two must be from 
the Quebec bench or bar. Five judges form a quorum, but 
if both parties consent to a hearing before four judges, such 
hearing may take place. ShouM the full court be evenly 
divided on a case, the judgment of the court below stands. 

^ The Supreme Court possesses an appellate civil and 
criminal jurisdiction throughout the Dominion, but no appeal 
is p«»initted in a criminal case except as is provided in the 
criminal code. In dvil cases an appeal lies to the Supreme 
Court from the highest court of final resort in each province, 
subject to certain conditions which are set out in chapter 139 
of the revised statutes of Canada. The rules of practice of the 
Supreme Court are printed in volume 38 of the Supreme 
Court reports. 

The judgments of the Supreme Court are declared by the 
organic statute to be final and conclusive in all cases, saving 
the royal prerogative, which means that no appeal from the 



'S 



372 THi:. FEDERAL GOVERNMENT 

court'! dediion* cui be orried to England except by leave 
of the Judicial Committee of the Privy CoundL Leave to 
appeal Ii lought by petition addrcMed to Hia Majesty the 
king in council. Such petitiooa murt be accompanied by duly 
authenticated document* embodying the judgments of the 
Suprama Court which ii appealed from, and the factum* in 
thecaee. Leave to appeal i* not a* a rule granted unleM the 
amount at Imie i* contidt. able, or lome important principle 
i* involved. Admiralty caie* coming frota the Supreme 
Court by way of appeal from the Court of Exchequer may in 
turn be appnUed to the Judicial Committee of the Privy 
Council, without ipedfic permiition from that tribunaL 

Importnnt question* of law or fact touching any matter 
may be referred by the governor in council to the Supreme 
Court for hearing and coi.^-^aration, and the opinion of the 
court upon any »uch referei. e, although advisory only, i*. 
for all purposes of appeal to Lis Majesty in council, treated 
as a final judgment of the court between parties. 

The Senate and House of Commons may also refer to 
the Supreme Court, or to any two judges thereof, for examina- 
tion and report, questions relating to private bill legislation 
in either house. Advan'nge is, however, seldom taken of 
this provision. 

The act constituting and establishing the Supreme Court 
(38 Vict. cap. 3) was, by proclamation dated September 17, 
1875, declared to be in force from and after September 18, 
1875, as regards the appointments of judges and officers of 
the court, the organization thereof, and the making of 
general rules and orders. Th". other provisions of this act 
and the judicial functions of the Supreme Court were by 
proclamation, dated January 10, 1876, made opeiatiw from 
January 11, lijO. 

Thb ExcHEQUEa Court 

The act of the parliament of Canada (38 Vict. cap. a) 
establishing a Supreme Court likewise created the Court of 
Exchequer. It enacted that 

the Exchequer Court shall have and possess concurrent 
original jurisdiciioc in the Dominion of Canada, in all 



THE EXCHEQUER COURT 



373 



sfs^lPC^ 




Crown. HauMt the Crown or any officer of the 

By action jg the Exchequer Court wu «v«. ~-. 



374 



THE FEDERAL GOVERNMENT 



Ui 



Power was given to the governor-general in council to con- 
stitute Admiralty districts in Canada, and to appoint local 
judges in admiralty for such districts. 

In interiocutory matters there is an appeal from the local 
judge in admiralty only to the judge of the Exchequer Court. 
In final cases an appeal lies either to the Exchequer Court 
or to the Supreme Court. In the event of the appeal being 
first taken to the judge of the Exchequer Court, there is a 
further appeal t» the Supreme Court. 

By warrant dated August 17, 1899, addressed by the 
lords commissioners of the Admiralty to the Exchequer 
Court of Canada, the said court, upon any proclamation 
being made by the vice-admiral for the time being of Canada, 
that war has broken out between His Majesty and any 
foreign state, and not otherwise, is authorized and required 
to take cognizance of, and judicially to proceed upon all 
captures, recaptures, seizures, prizes and reprisals of all 
ships, vesse's and goods seized and taken, and which are or 
shidl be brought within the limits of the said court. The 
lords commissioners of the Admiralty suggested Halifax 
and Victoria as places within the jurisdiction of the court 
at which it would be convenient for prize courts to sit. In 
the session of 1912 an act amending the Exchequer Court 
Act was passed, authorizing the governor in council to 
appoint an assistant judge of the Exchequer Court. This 
office was filled on April 4, 1913. 



In this rapid survey of the administrative government 
of Canada one fact stands out with marked distinctness — 
the pre-eminence of the prime minister, alike in the councils 
of his sovereign, in the deliberations of parliament, and in 
the management of his party. The rise and growth of this 
office affords a most interesting study. Sir Robert Walpole 
is generally regarded as the first British statesman to whom 
the title was applied, but so far from the office being generally 
recognized in his day, the charge that he arrogated to himself 
a pre-eminence over his colleagues formed one of the counts 
against him in his last great struggle for power : 

When Walpole fell (in 1741), Sandys, in the course of 



Kit) 



THE EXCHEQUER COURT 375 

hl8 indictment, said : ' According to our Constitution we 
nave no sole or Prime Minister j we ought always to have 
sweral Prime Ministers or officers of State ; every such 
officer has his own proper department, and no officer 
ought to meddle in flie a^rs belonging to the depart- 
ment of another ! ' At the same time a protest was 
signed m the House of Lords to this affect : ' We are 
persuaded that a sole or even a first Minister is an officer 
unknown to the law of Britain, inconsistent with the con- 
stitution of this country, and destructive of liberty in any 
country whatever.' ' 

_ Walpole himself repudiated the title with derision: 
Having first,' he says of his opponent, ' conferred upon 
me a kind of mock dignity and styled me the prime minister, 
they carry on the fiction which has once heated their imagina- 
tions, and impute to me an unpardonable abuse of that 
chimerical authority which only they have thought it neces- 
sary to bestow.' Yet from his time onward the office 
has been a living reality, ever increasing in influence and 
engrossing power, until it has become the dominant factor 
in the government of England, and of those representative 
institutions to which that government has given birth. 
_ It has been observed, with some degree of warrant, that 
in its essential features the form of government which 
Canada enjoys is not so far removed from that of the United 
States as at first sight may appear. In the United States 
the executive power is committed by the people to one man 
for four years. In Cana ',. the governance of the people is 
in effect entrusted by their representatives to one man for 
an indefinite period. One nation styles its ruler the pre- 
sident, the other the prime minister. Stripped of cere- 
monial forms and phrases, such is, with certain qualifica- 
tions, the broad fact. Of course, like most analogies, this 
one must not be pressed too far. Canada is not a sovereign 
power. Her prime minister's jurisdiction is therefore circum- 
scribed, and extends in its plenitude only over the domestic 
concerns of the Dominion. Nor do his electors disperse 

■ C«ir». U ni Ut MiniOMrt, by RegiMld Lucas, pp. 74.3. The aame 
author Myi of CUlhMn :'ThetitIeofPtimoMinisterhe always repudiated both 
in public and private Ufe ' (op. cfl., p. 353). ' 



376 THE FEDERAL GOVERNMENT 

after casting their votes. They retain their corporate 
authority intact, exercise a vigilant supervision over the 
administration of public affairs, and may at any time revoke 
their mandate. On the other hand the prime minister 
possesses, in the power of dissolution, a weapon which he 
can sometimes effectively employ to strengthen his position, 
while under responsible government the influence of the 
crown is ever present to moderate the violence of opposing 
factions, and to serve as a perpetual reminder to our public 
men that there is a higher allegiance than that of party. In 
this admirable system of checks and balances the true 
excellence of the Canadian form of government is to be 
found. 



I 



'yt'V' 



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Pilnud by T. kod A. ComTAui, Piintwi to Hit Hajwtj 

at lb* Edintwrgh Unlvwilir n«M