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In this statement I shall continue my remarks to some of the more important provisions of the bills, leaving a number of minor matters requiring consideration to less formal mention. After careful consideration I am more convinced than ever that there is no necessity for dividing the country into two provinces, with the consequent duplication of the machinery and institutions.
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The provincial machinery is elaborate and expensive and is more suitable to large areas and large populations. The new Territories have for a number of years been under One Government and legislature, performing most of the duties and exercising many of the more important powers of provincial governments and legislatures. Our laws and institutions are admittedly efficient and satisfactory.
Under them the people of the Territories have acquired a political individuality and an identity as distinct as that of the people of any province.
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Up to the thirteenth of June next, this will continue to be the case and there does not seem to be any reason based on necessity, or convenience, why on the first day of July they should be suddenly divided in two, separated by a purely arbitrated line and obliged to do with two sets of machinery and institutions what they, to a great extent, have been doing quite satisfactorily and efficiently with one.
His Opinion Not General "I must, however, frankly state that this opinion is by no means unanimously shared in the Territories and that the proposed action of the government will not call forth much hostile slim grass professionnel perte de poids glen waverley. I must remind you of the fact that your proposition was not laid before my colleagues or myself until noon of the day upon which you introduced the bills.
Up to that time the question had not received any attention, beyond a casual reference to it on the previous Friday, and I certainly believed that we should have had an opportunity of discussing your proposals before twelve o'clock on the day the bills received their first reading.
I feel sure you will acquit me of any felling in the matter other than that such an important subject should have been fully discussed before the bills dealing with it were laid before parliament.
Educational Matters "With regard to the question of education generally, you are no doubt aware that the position taken by us was that the provinces should be left to deal with the subject exclusively, subject to the provisions of the British North America Act, thus putting them on the same footing in this regard as all the other provinces in the Dominion except Ontario and Quebec.
I submit that parliament is bound by the provisions of the British North America Act ofin passing the legislation of this kind. Cannot Change the Basis of Union "If the King in council is bound by the provisions of the act, in admitting an independent, and consenting colony into the union, it can hardly be contended that parliament has the power to create an unwilling, inferior and imperfect organization.
As was pointed out in Juneby the Honorable Edward Blake, in the House of Commons, in the discussion upon a proposal to re-arrange the terms of confederation with respect to Nova Scotia; it is perfectly clear on great and obvious principles, that the basis of union settled by the British North America Act is not capable of alteration by parliament.
If the provincial jurisdiction can be invaded by positive federal legislation, such as is proposed in this case, what limit is there to the exercise of such a power? Similar restrictions might be imposed with respect to any or all of the matters in relation to which under the British North America Act,the provincial legislatures possess exclusive powers. The proposed attempts to legislate in advance on this subject is beyond the power of parliament and is an unwarrantable and unconstitutional anticipation of the remedical [sic] jurisdiction.
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It has, further the effect of petrifying the positive law of the Province with regard to a subject coming within its exclusive jurisdiction and necessitating requests for imperial legislation, whenever the rapidly changing conditions of a new country may require them.
To speak of the provinces of Alberta and Saskatchewan, then, being admitted into the union, on the first of July,is an improper and indefensible use of the expression.
The territory included within the boundaries or these proposed provinces were, admitted into the union on July 15,and immediately upon the creation of these provinces the provisions of section 93 of the British North America Act,became as a matter of indefensible right, a part of their constitution. Tn [sic] the creation of provinces the term 'province' in that section, interprets itself, and the term 'union' bears the unmistakable meaning which is given to it with regard to the area included in the provinces by the actual language of section It is an attempt to create a province retroactively.
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It declares territorial school laws, passed under the restrictions imposed by the Northwest Territories Act to be provincial school laws. It clothes laws imposed by the federal parliament with all the attributes of laws voluntarily made by a new province.
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It ignores territorial limitations and conditions. It denies facts and abolishes time. It declares what was not to have been, and seeks to perpetuate as existing what never was nor is.
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The draft bill I submitted more than three years ago contains the clause which will be found in the orders of council admitting those provinces.
To impose more, or to prescribe less, would I submit be equally contrary to the law and constitution. The clause referred to is as follows: The Section "On, from, and after the said first day of January,the provisions of the British North America Slim grass professionnel perte de poids glen waverley,except those parts thereof which are in terms made or by reasonable intendment may be held to be specially applicable to or to effect only one or more, but not the whole of the provinces under that act composing the Dominion, and except so far as the same may be varied by this act shall be applicable to the province of in the same way and to the same extent as they apply to the several provinces of Canada; as if the province of had been one of the provinces originally united by the said act.
In this respect laws relating to education do not differ from the laws relating to any other subject. To state that the law passed inwith regard to education, must forever limit the power of the province with regard to a very important provincial right, involves the theory that parliament might practically take away all the jurisdiction of a province, shorn of every power which it is supposed to posses under the constitution.
Purely Constitutional "I wish to lay great stress on the fact that this a purely constitutional question, and is not concerned in any sense with the discussion of the relative merits of any system of education. The question is one of provincial rights. It is not the question of the rights of a religious minority, which must be properly, and may be safely, left to the provincial legislatures to be dealt with, subject to the general constitutional provisions in that regard.
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It is this question of the right of a minority of Canadians in the wider area of the Dominion, to the same rights and the same privileges, the same powers and the same constitution, as are enjoyed by the rest of his fellow citizens; and which they claim to be their inalienable possession under the one and only Canadian charter -- the British North America Act. I would next call attention to the fact that sub-section three of section 25 of the Dominion Lands Act, which provides that certain revenues arising from the school lands fund, shall be paid annually to the government of the province or the territory within which such lands are situated, toward the support of public schools therein; and the money so paid shall be distributed for that purpose by the government of such province or territory, in such a manner as it slim grass professionnel perte de poids glen waverley expedient.
Sale of School Lands "This clause surely creates as inviolable a right in the solemn form of a trust as it is claimed was created by the adoption of section 14 of the Northwest Territories Act which deals with the question of education.
Its language is definite and unmistakable. I gather then from history of this section that parliament defined and limited the scope of the section from time to time, always making it more definite and more restricted. In when the Dominion Lands Act was first enacted, section 22 of the act, provided that it was "Expedient to make provision in aid of education," and set aside certain scribing any particular course of lands for that purpose without pre-procedure in connection there with.
When the act was consolidated inthe clause providing for the trust fund was first enacted. It read as follows: "Section 23 3 : Provided also that all moneys from time to time realized from the sale of school lands shall be invested in Dominion securities, and the interest arising therefrom after deducting the cost of management, shall be paid annually to the government of the province or territory within which such lands are situated towards the support of public schools therein -- the moneys so paid to be distributed with such view by slim grass professionnel perte de poids glen waverley government of such province or territory in such manner as may be deemed most expedient.
Ammended in "In the next consolidation of the act, that ofthis section was again amended to read as follows, the words added to the former section being italicized: "Section 20, 4 sub-section 4: Provided also perte de poids complète clinton township mi all moneys from time to time realized from the sale of school lands shall be invested in Dominion securities to form a school fund and the interest arising there from, after deducting the cost of management, shall be paid annually to the government of the province or territory, within which such lands are situated, towards the support of public schools therein -- and the money so paid to be distributed for that purpose by the government of such province or territory, in such a manner as may by it be deemed most expedient.
The broad general term 'education,' after being carried through the consolidations of and was left out in the revision of ; and there is no warrant for assuming that the words 'public schools' in the act, as it at present stands, mean or include any other schools. Fields of the Provinces "I therefore wish to express my most emphatic objection to the legislation in regard to this subject. I recognize no power in parliament to make laws for the new provinces in contravention of the letter and spirit of the British North America Act.
Further, I recognize neither right nor justice in the attempt to dictate to the provinces of Alberta and Saskatchewan the manner in which they will conduct their own business.
The new provinces have their own futures to work out, and I deplore deeply the possibility that they may commence their careers torn with dissention upon such subjects as these.
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It seems to me that a great deal of trouble might slim grass professionnel perte de poids glen waverley been avoided had we been afforded an opportunity of discussing these proposals, and I feel that I must place on record the fact that we are not responsible for the situation.
Here again I have to express my dissent from the action taken. By analogy and by the acknowledgement of the principle of compensation contained in section 19, we claim that the provinces are entitled to be recognized as the beneficial owners of the crown domain, and as such their right to administer their own property for themselves is one that should not be taken away without their consent.
I have one fact in mind in this connection and it is contained in the statement of the Hon. This was only in one section of the country.
But I am not unwilling to admit that an immediate income, increasing with the population, and certain in amount, may in the long run prove quite as satisfactory as any profitable net income resulting from local administration of the public domain. Clerical Errors "I think a clerical error has been made by not inserting after the word 'census' the words 'or estimate.
There are also errors in the computation of the amounts payable under the last section of the first sub-section, and under the second sub-section. Irrigation is a local need in every sense of the word, and will confined to one portion of the Territories, and pecularily [sic] therefore, falls in local jurisdiction.
The desirability and convenience of local administration in this regard has been already admitted by parliament, by a delegation of the administration of the Northwest Irrigation Act, to the territorial commissioner of public works. The retaining od [sic] the jurisdiction in this case by the federal government is a slim grass professionnel perte de poids glen waverley invasion of the provincial jurisdiction in matters of property and civil rights, and is bound to create both inconvenience and friction.
Selection of Judges "The bill does not contain any provisions with regard to the selection of judges for the provincial courts. My draft bill contained the following clause, which is identical in principle with the clause on the same subject contained in the British North America Act: The judges of the courts of the province shall be selected from the bar bar [sic] of the province, or from the bar of some other province, in which the laws relative to property and civil rights, and the procedure of the courts are the same as the province of What could be slim grass professionnel perte de poids glen waverley appropriate?
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