CANADA 



1119 



CANADA 



Admiralty Court. This is not technically a 

 separate court, but a division of the Exchequer 

 Court. The duties of the latter are so heavy 

 that special local judges have been appointed 

 to hear cases in any way relating to shipping, 

 navigation, trade and commerce in Canadian 

 waters. Admiralty business may be brought 

 before the Exchequer Court at Ottawa, or be- 

 fore one of the local judges in admiralty who 

 hold court at Toronto, Quebec, Halifax, Saint 

 John, N. B., Victoria, Charlottetown and Daw- 

 son. Only a judge of a superior or of a county 

 court, or a barrister of not less than seven 

 years' standing is eligible for appointment, by 

 the Governor-General, as a local judge in ad- 

 miralty. 



Provincial Government. The details of pro- 

 vincial government are given in the articles on 

 each province elsewhere in these volumes, and 

 only the characteristics common to them all 

 need be discussed here. The system is modeled 

 on that of the Dominion. The lieutenant- 

 governor, as representative of the Crown, occu- 

 pies the same relative place as that of the 

 Governor-General in the Dominion. The men 

 who are in active charge of government com- 

 prise the executive council; they are members 

 of the legislature and are responsible to it. 

 In all of the provinces except Quebec and Nova 

 Scotia the legislature is composed of a single 

 elected house. In these two provinces there is 

 also an upper house, the legislative council, 

 whose members are appointed by the lieu- 

 tenant-governor for life. The provincial courts 



have sole control over all matters affecting 

 civil and property rights, and therefore come 

 into closer contact with all classes of people 

 than do the Dominion courts. The Dominion 

 Parliament makes laws relating to crime and 

 punishment, but the trial takes place in pro- 

 vincial courts. This division of powers was 

 caused by the fact that Quebec in 1867 still 

 used the French civil code, whereas the other 

 provinces all used the English code. It was 

 therefore necessary to leave civil procedure 

 to the provinces, but criminal procedure is 

 determined by the Dominion. 



By the British North America Act the prov- 

 inces are given entire control of a specified 

 number of subjects, and their jurisdiction is 

 limited to these, as follows: 



(1) Amendment of the provincial constitution, 

 except as regards the office of lieutenant-gov- 

 ernor. 



(2) Direct taxation to raise money for pro- 

 vincial purposes. 



( 3 ) Borrowing money on the credit of the prov- 

 ince. 



( 4 ) Provincial offices, and the appointment and 

 payment of provincial officers. 



(5) Reform arid penal institutions, also hos- 

 pitals, asylums and charitable institutions. 



(6) Municipal institutions. 



(7) Shop, saloon, auctioneer's and other li- 

 censes. 



(8) Public works, except such as are inter- 

 provincial in character. 



(9) Guarantee of civil rights and property. 



(10) Administration of justice. 



(11) Matters of local or private nature. 



(12) Education. G.H.L. 



History of Canada 



Age of Discovery and Exploration. The sagas 

 of the Northmen recite the deeds of one Leif 

 Ericson, "a large man and strong, of noble 

 aspect," who is said to have reached the shores 

 of North America, probably the Labrador 

 coast, in the year 1000. The sagas further tell 

 how he and his men sailed southward to a 

 land of many large trees, which may have 

 been Nova Scotia. That the brave Vikings 

 reached Greenland is certain, but whether or 

 not they ever reached the shores of Canada 

 cannot be definitely known, for they left no 

 traces of their visits. See VIKINGS; ERIC THE 

 RED. 



The first voyager known to have reached 

 the mainland of North America was John 

 Cabot, who discovered the bleak Labrador 

 coast in 1497 (see CABOT). Like the other early 

 navigators, Cabot was looking for a northwest 



passage to India, but he also hoped to "bring 

 back so many fish that England will have no 

 more business with Ireland." This part of his 

 ambition was realized, for soon afterwards fish- 

 ermen from Europe began to pay yearly visits 

 to the Newfoundland Banks. The voyages 

 of John Cabot and his son Sebastian did not 

 disclose a new way to India, but they brought 

 fishermen and fur-traders to America. In 

 1534 a brave seaman of Saint Malo, France, 

 sailed westward to take possession of all lands 

 he should find for King Francis I of France. 

 This was Jacques Cartier (which see). He 

 entered the Gulf of Saint Lawrence and coasted 

 along the shores of Labrador, which he re- 

 ported was barren enough "to be the land 

 allotted of God to Cain." Cartier's experiences, 

 however, aroused great interest in France. He 

 made a second and a third voyage, discovered 



