CANADA, DOMINION OF. 



CANADA, PARLIAMENT OF. 91 



of that period the constitutionality of a statute to be 

 questioned only at the instance of a government, and, 

 if it is then declared unconstitutional, the act to be re- 

 garded as if originally enacted by and to be subject to 

 amendment or repeal by the legislature or parliament 

 having the jurisdiction to enact it. 



That halt the Senators of the Dominion be chosen 

 by the provinces, and that all the Senators hold office 

 for a limited term of years, not as now, for life. 



That the British North America act should express- 

 ly declare the lieutenant-governor of each province to 

 nave the same executive authority as the governors 

 and lieutenant-governors of other British colonies. 

 Hitherto this right has been assumed, but it is deemed 

 necessary to maintain it and place it beyond question 

 by an express provision. 



That the Federal authorities shall no longer have 

 the power of withdrawing from provincial jurisdic- 

 tion, local works (railways, for instance^ situated en- 

 tirely in one province), merely by declaring them " to 

 be for the general advantage of Canada." 



That the provincial legislatures should control the 

 Dominion franchise ; the electoral lists prepared for 

 the elections to the legislative assemblies to be used 

 in elections to the Dominion Parliament. 



That all doubts be removed as to the right of the 

 provincial authorities to appoint all magistrates and 

 other officers under the control of the provincial legis- 

 latures. 



That the provincial legislatures be authorized to 

 legislate with regard to fees payable on legal proceed- 

 ings, and to apply the revenue therefrom to provin- 

 cial purposes. 



That, to remove doubts now existing, it be express- 

 ly declared that lieutenant-governors have the power, 

 subject to provincial statutes, to issue commissions to 

 hold courts of assize and nisi prius, oyer and termiuer, 

 and general jail-delivery. At present the uncertainty 

 is such that by arrangement between the Federal and 

 provincial authorities independent commissions ex- 

 pressed in identical terms are issued by the governor- 

 general and by the lieutenant-governor of each prov- 

 ince. 



That the provincial legislatures should have the 

 same powers to define the privileges and immunities 

 of their houses and of their members individually that 

 are now enjoyed by the Dominion Parliament. 



That Her Majesty may by proclamation abolish the 

 legislative council of any province upon an address in 

 favor of that step, concurred in by at least two thirds 

 of the members of the House of Assembly of that 

 province. 



That the claim made by the Federal Government to 

 all crown lands as to which there was no treaty with 

 the Indians before confederation ? be declared invalid. 



That in the absence of a Dominion insolvency law 

 each province be allowed to legislate upon the matter, 

 subject to any future insolvency law that may be 

 passed by the Parliament of Canada. 



That the pardoning power for the infraction of pro- 

 vincial laws be reposed in the lieutenant-governor in 

 council of each province. 



That the boundaries between Ontario, Manitoba, 

 and the remainder ot the Dominion, as far as deter- 

 mined by the Privy Council, should be established by 

 Imperial statute, and that the whole northern bound- 

 aries of Ontario and Quebec be determined without 

 further delay. 



That the annual subsidies payable by the Dominion 

 to the provinces be increased, and the increased 

 amount be declared by Imperial enactment to be final 

 and absolute, and not within the power of the Fed- 

 eral Parliament to alter. The annual subsidies pro- 

 vided by the British North America act were as fol- 

 low: Ontario, $80,000; Quebec, $70,000; Nova 

 Scotia, $60,000; New Brunswick, $50,000, with a 

 further annual grant equal to eighty cents a head of 

 the population as ascertained by the census of 1861, 

 with special provision for Nova Scotia and New Bruns- 

 wick. The Conference suggests that the subsidies be 



as follow: Where the population is under 150,000, 

 $100,000; where the population is 150,000, but does 

 not exceed 200,000, $150,000 ; where the population is 

 200,000, but does not exceed 400,000, $180,000 ; where 

 the population is 400,000, but does not exceed 800,- 

 000, $190,000 ; where the population is 800,000, but 

 does not exceed 1,500,000, $220,000 ; where the popu- 

 lation exceeds 1,500,000, $240,000, and an annual grant 

 of eighty cents a head, to be based upon the popula- 

 tion of each province as ascertained at each decennial 

 census, until the population exceeds 2,500,000; and 

 of sixty cents a head for so much of the population as 

 exceeds 2,500,000. Special provision is made for 

 British Columbia and Manitoba. 



That the provincial legislatures should take steps to 

 secure the enactment by the Imperial Parliament of 

 amendments to the British North America act, in ac- 

 cordance with the resolutions embodying the foregoing 

 suggestions. 



The Conference also dealt with certain mat- 

 ters in respect whereof no amendments to the 

 British North America act are required, pass- 

 ing resolutions making recommendations to 

 the following effect : 



That the provincial legislatures should enact that 

 no action shall lie against any judge or officer for any 

 act done under the supposed authority of any statute 

 subsequently declared ultra tires of the parliament 

 or legislature enacting it, provided the action would 

 not he if the statutory provision had been within such 

 legislative jurisdiction. 



That the laws of the several provinces for the en- 

 forcement of debts should be assimilated as far as may 

 be consistent, with the different legal systems pre- 

 vailing ; and that such assimilation should include 

 provisions against preferences by insolvent debtors ; 

 for the examination of debtors, and for taking speedy 

 possession of an insolvent's estate for the benefit of 

 his creditors, so far as these subjects can be dealt with. 

 by the provincial legislatures. 



That legislative provision be made in all the prov- 

 inces for rendering effectual in all of them prooates 

 and letters of administration granted in any one of 

 them. 



That similar laws be passed in all the provinces 

 with respect to probates and letters of administration 

 granted in the United Kingdom^ to go into effect 

 when probates and letters of administration granted 

 in the l)ominion are by Imperial legislation made ef- 

 fectual in the United Kingdom. 



The foregoing resolutions were concurred in 

 by all the delegates. A resolution condemn- 

 ing the disallowance by the Federal Gov- 

 ernment of the Red River Valley Railway 

 charter was passed, the New Brunswick dele- 

 gates dissenting. A resolution was also passed 

 in favor of commercial union with the United 

 States, but as this subject is not within the 

 jurisdiction of the provinces, the chief impor- 

 tance of the resolution lies in the fact that it 

 commits the Liberal party to the policy of 

 commercial union, so far as the party can be 

 committed, by the formal declaration of so 

 many of its chiefs. The Conference adjourned 

 on October 28. 



CANADA, PARLIABIEKT OF. On Wednesday, 

 April 13, 1887, the first session of the Sixth 

 Parliament of the Dominion of Canada was 

 opened, and on motion of the Premier, Sir 

 John Macdonald, Lieut.-Col. Joseph Alderio 

 Ouimet was unanimously elected Speaker of 

 the House of Commons. Subsequently C. 0. 

 Colby was elected Deputy Speaker. 



