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THE FEDERAL GOVERNMENT

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THE FEDERAL GOVERNMENT

T is proposed in the following pages to set forth the system on which the government of Canada is organized; to describe this system in its actual operation; 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 preamble 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 Great Britain, with a constitution similar in principle to that of the United Kingdom; and in accordance 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.

THE GOVERNOR-GENERAL

The governor-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. Prior to 1878 it was the practice to issue new letters patent to each governor-general on appointment, but in that year letters patent were issued, making permanent provision for the office, and ordaining that all future incumbents should be appointed 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 instructions 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 governor-general's 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 governor-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 delegated 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 hold their positions during the pleasure of the crown; of summoning, proroguing and dissolving parliament; of exercising the prerogative of mercy by the grant of pardons or reprieves, and generally of doing all things necessary to the proper administration of his office. In the exercise of these functions he is guided by the advice of responsible ministers, who in turn must possess the confidence of the House of Commons. The doctrine of ministerial responsibility, which has now reached its full development, was of gradual growth in Canada. Thus, it is only within com

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GOVERNORS-GENERAL OF THE DOMINION
From photographs by Topley, Ottawa

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