Ontario Community Newspapers

Ontario Scrapbook Hansard, 31 Jan 1879, p. 3

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ssert that tho issue of the times the sheriff was directed to return all f,ir':,:l';,'f,'j{fi,':,'fi t;l:_.viou., to 1872 was not a the writs betore the time for the mesting mistake, as the Attorney--General hbad of Parliament, _ He read from several Eng-- stated, -- From 1851 to the time of Confede-- \_| lish authorities in support of the sume ration, although the elections in Chicoutimi, view. If t'ho lh(::n. I;u:llxnbe: ef:':glrfi'mdon Gaspe, Saguenay, and Charlevoix were held were correct that al o' 1in 4 "e $ :-lept:e; at a later time than the rest, the construc-- \ sented any one constituency, vfoitoweu't i'd | tion invariably placed on the statute was when one constituency was u;nrepleAlent;d that Pavliament should assenmble on the \the representation Was incomp otfa. . good v day that the body of the writs were returnoed, deal h'fd beer} said uboutb tl:e ?re{ogat1vaot acd not the exceptional writs, This pro-- the I.,mut...(wvernor, 111' urp'wn power cedure was followed undex both Relorm and was given him u)ndqr the Royal Coummission Conservative Administrations, to dissolve the lurhumel.lt. : s Mr. FRASER--Did Parliament meet on Mr. DEACON asked 'u hfm hhon. f:xend thes« days, and how did the Legislature as had found any insf'"""m:'n :l :t :l';;,cic:: a Legislature recoguise these proclama-- England bhaving becean re o tions? dates. ; it C Mr. MEREDITH presumed that the hon. Mr. BE'I'I_IUNE said he had not, but he . E und instances where many of the rontleman knew that tue efftect of a proro-- had to t d 5 i roper 're returnable at a longer period gation was that the House, being properly writs we Ti 110. interference -- constituted, met in the chamber, and was than the others, 1b w"llow the writ 1or x there and then prorogued by the Crown with the prerogative to "t' fonrermeriod cither in person or by an agent. Algoma to bfa. rtcturixélbéz; dw;:)s"fin liut.ur- J% Mr. FRASER--That is no auswer, He ;l.xan cethfheu:l.xole worgins o1 ts : clec. then repeated the question, t;;fl" uw was equally, so. _ 'The, pre-- Mr. MEREDLTH said no would come to rogative right was to call _ the ;whole that, 'The fact of Parliament being pro-- House together, not eighty.one eighaty= rogued from 1851 to the time of Confedera-- seconds of it. 'The Licuteuant.Goveruor tion, as he had stated, clearly proved that had no power to call an Assetmbly together ;he House "H'fiwd to the vie\lv hull;l by the that had no existence. ] Sxecutive, 'he reason of the change in L oBnin Athe sbe ' 1872 was that it was desirable that fiaslxi- Mr. MEREDITH-- That is what'has besk * toba and British Columbia, which had just done . f { been admitted into the Union, should bu' Mr. BETHUNE said that such was t.'hc j represented in the House, -- ffd did not in-- case, but he had all along contended that | tehd to propose any resolution on this the proclamations were all wroug . _ ( j question. (Hear, hear.) HMe left with hon. Mr. DEACON--Have we not the right to gentlemen opposite the responsibility of aliow Aizoma to return a represenlative any legislation which took place in the once only in two years ? ] House aiter the 2nd of February, What-- Nit. BETHUNE said that a-- rogul irl y «yer conclusion they came to, every hon. constituted Asseimbly had the power to do ". gentleman must _ admit _ that _ the so, but in order to aregularly coustituted s power -- of this Legislature . to _ sit Assembly the repreasentation ot Algoma was | after that date _ was _ invoived in ' necessaty, A Puarliament onse a yoear was I very great doubt. -- Whatever view the logal quite often enouZh to moet the requite-- members took of--the question, the people ments of the couniry. If the laws they would say that hon, gentlemen opposite had made rendered it impossible to hold a f had, by means of a doubtful technicality, Parliament once in every year, that fact attempted to interfere with the rights of | would operate as a repeal of the provision the people by prolonging this Legislature | which enacted (that it should do so. & for a longer time than they were entitled to ! Me could not, however, conceive of any - F do, in order to prevent the people from ex. ' circumstances that would hinder a rarlia-- | pressing their views on the Administration ment mecting once in every year. When -- | of the day, and they would conclude that | the represesentation ot Algoma was want-- i | there must be some motive for this course ing, they would wither have to go on with. | which was not in the interest of the people, out it or wait until Algoma was represented, j | but rather ilvxfltlw interest of hou. gentlemen but in order to go on without it, they would q > | uppositg,. (uppogition cheers ,) require an express provision of the Legisla-- R ! Mr. LETHUNE said he wbuld discuss lure to (h.'.lt effect. He ur;:ne«!th:\t. it was this matter apart trom all party fecling. phorionlefin® t0 deiue the uile fori new His hon. friend the leader of the Opposi. cl.v('t'wn immediately upon the dissolution ( m tion had not been able to come to any more of Farliament, His hon, friends opposite P detinite conclusion than that the question wore olovating the form above the substance x was involved in very great doubt, The in placing so much importance upor the ' contention of the bhoun. member for Poter. form of the writ, 'The mistake of professing 4 borough was that this House might mect (9 call the !».'u'!l:uncut. together whcl} 16 A in the absence of the represontative for N (lilfi ""'t exist lmdl lm'cu & f:lllc'n into : Algoma ; but it was impossible to come to - y following the oid English form of f any other conclusioun than that the safety of t o 4s The difiercnce between the systom the peopls, as opposed to the prerogative of :" i-ngl:uul and ()ul':u'zo was ~tlmt, mc.mrmcr the Crown, required a mandatory construc-- |f'" C M wnflvcu rouviten(Loun: Matile Al6.| ' ~ | tion t.o be placed on the word " shall" in | atter had. The forimm ofi the writ was a 7 the T0th section of the Btitish North | ll.ulllmg matter in comparison to the fuc_t of | America Act, providing that the Lezisla-- Py d,m'; the election, which was the im--| ture should consist of 82 members. ","us portant thing. Lyen if the Log:glnturci would not be a representative body if so wou-lfl come to an end on the 2nd of Fob-- ' large a section as Algoma were unrepre. toy Ti' he did not apprehend any difficulty, -- sented. e contended thit his view ,or,l"""' l ho andhorliy InMite Jand. Higt r did not involve any interference with the tlt'. P o nott f arnaniile Shoit fealslatons _A , prerogative of the Crown, as alleged by the ;:,l) ;:'le:n. difterence cxlslc(l. bet ween tl_lg | hon. member for Peterborough, but theore ;ur::l;'. C inl. . e ie Ee oi in 1he OndA iC l were casesin which it was in the power ot | -"l .l.l.'"s ,""l'l,x regulated the number of | _ the House to niter sud limit the dutlcs of ul,;:uwut,dwcn, and _ that _ used _ in t . the Licutenaut--Governor, As the Attor--' tm hE&"""'" P ie tm opuge }lm Uoustu.u-l ney--Generat had pointed out, some timc 'u'un uof the _1 .'u'luum-x'll- of Old Canada. | must necessarily elapse between the disso-- The former said that cighty--two members | lution of one Parliament and the calling of dh,um" be clected, while the latter merciy another. Once the great seal was fixed to provided that the smembers duly clected | the proclamation dissolving the House, the should constiiute the House. But he did members of the dissolved House no loilgcr not take his stand solely upon the strict represented the people, A couple of mounths letter of the law, for as a matter of princi-- would necessarily elapse before Parliament l ple he thought it would be utterly unsafe to could be called. 1t was merely a maiter lay down any other rule than that the As. | of degrese as to how long atime might sembly should consist of cighty--two mem-- elapse, and _ section 84 of :lw bers. lt. the ILieutenant--Governor could British _ North America _ Act gave lcgully dispense with one member so hel this House power to deal with it might with sixty--six, retaining only a num-- If Algoma should be unrepresented Why.' ber suilicteat to form a quorum . And? ' not Cornwall, or any other single conx'ititu- | | what was to hinder the Ministry issuing the | | ency, ormamore? -- From the time -- of writs to twenty--two constituencies favour. | Magna _ Charta _ the rule was that able to them? And if that Assembly were | | Parliament _ could _ not _ meet while a constitutional oue, it could keep tnc | } une constituency was unrepresented, and ' Ministry in power indetinitely against the | | in that document itself it was pru'vided will of the people. | P 3';'::' "::;*";::"t,fi;fidupraceod to business 6 Mr, CRLLGHTON--That is provided fot | Wwhether. Shey appenred ere summoned, y our law, which provides that the Parlia-- ' ppeared or not, In later ment shall consist of representatives from | --;AL on oo in o e

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