JO QUEEN'S QUARTERLY. 



discussions at Cliarlottctown, Quebec, and elsewhere in Canada. 



The conferences at Charlottetown and Quebec in the autumn of 

 1864. when the American Civil War was just over, were influenced 

 by the impression that the recent difficulties in the United States 

 arose over a weakness in its constitution whereby the individual 

 states maintained a preponderance of ])o\ver over the federal govern- 

 ment. Hence the Canadian Confederation was designed to work out 

 in the opposite direction, making the provincial legislatures subordi- 

 nate to Parliament, and reserving for the federal authority all fiowers 

 not expressly given to local governments. 



And while, because of the apparently larger influence of such 

 men as Sir John Macdonald and Dr. Tupper, the Federal note was 

 accentuated, there was, nevertheless, the distinct compact that the 

 provinces and the integrity of their law-making power and control 

 should be fully respected and safe-guarded. When, therefore, the 

 Act was passed, and the constitution of Canada was born, a most 

 express distribution of legislative powers was to be found in The 

 British North America Act under sections 91, 92, and 93. With 

 section 93, dealing with the subject of Education, we are not here 

 concerned. Upon the stage of constitutional interpretation both in 

 and out of Parliament this section has already provided a very con- 

 siderable amount of entertainment, and its day is not yet over. Sec- 

 tions 91 and 92, over the meaning and application of which the 

 troublesome question of " Provincial Rights " has ever)-where 

 arisen, set forth the powers exclusively assigned to Parliament and 

 to the Provincial Legislatures respectively. Local \\'orks and Un- 

 dertakings come under section 92 except 



" Such works as although wholly situate within the province are be- 

 fore or after their execution declared by the Parliament of Canada 

 to be for the general advantage of Canada." 



A brief hut interesting resume of some leading forms of the 

 " Provincial Rights " question arising out of particular circum- 

 stances in the various provinces may be found in a speech of the 

 Honourable G. W. Ross in the Senate of Canada during the session 

 of 1907-1908, where he states that federation began in a " storm of 

 provincial objections " to the encroachments of federal influence. 

 Nova Scotia was indignant because the federation scheme had not 

 been referred to that Province for ratification. New Brunswick 

 was early up in arms over the right to a separate school system there. 

 Manitoba lived through a rebellion in 1869-1870 because half-breed 



