II
By the British North America Act of 1867, passed by the Imperial Parliament, Ontario, Quebec, Nova Scotia and New Brunswick came into the Union. Later Prince Edward Island, Manitoba, the Northwest Territories and British Columbia joined. Up to the present Newfoundland has stood aside. Under the British North America Act, Canada is ruled to-day.
There is first the Imperial government represented by a Governor-General.
The commandant of Canada's regular militia is also an Imperial officer.
There is second the federal government with executive, legislative and judicial powers; or a cabinet, a parliament, a supreme court.
There are third the provincial governments with executive, legislative and judicial powers.
Details of each section of government can not be given here; but several facts should be noted; for they explain the practical workings of Canada's system.
The Witenagemot—or Saxon council of wise men—stands for Canada's ideal of a parliament. It is not so much a question of spoils. It is not so much a case of "the outs" ejecting "the ins." I have never heard of any party in Canada taking the ground, "Here—you have been in long enough; it's our turn." I have never heard a suggestion as to tenure of office being confined to "one term" for fear of a leader becoming a Napoleon. If a leader be efficient—and it is thought the more experienced he is, the more efficient he will be—he can hold office as long as he lives if the people keep on electing him.
The Cabinet—or inner council of advisers to the Governor-General—must be elected by the people and directly responsible to the House. At its head stands the Premier.
Within her own jurisdiction Canada's legislature has absolute power. If her treaties or acts should conflict with Imperial interests, they would be disallowed by the Imperial Privy Council as unconstitutional, or ultra vires. Likewise of the provinces, if any of their acts conflicted with federal interests, they would be disallowed as ultra vires.
Should the Governor-General differ from the Cabinet in office, he must either recede from his own position or dismiss his advisers and send them to the country for the verdict of the people. Should the people endorse the Ministry, the Governor-General must either resign or recede from his stand. I know of no case where such a contingency has arisen. A Governor-General is careful never to conflict with a Ministry endorsed by the electorate.
Once a man has received an appointment to a position in the civil service of Canada he must keep absolutely aloof from politics. This is not a law but it is a custom, the violation of which would cost a man his position.
The Parliament in the Dominion consists of the Commons and the Senate. The Commons are elected by the people. The Senators are appointed by the Governor-General, strictly under advice of the party in office, for life. Senators must be thirty years of age and possess property over four thousand dollars in value above their liabilities. The Senator resides in the district which he represents. The Commoner may represent a district in which he does not reside, and, on the whole, this is more of an advantage than a disadvantage. It permits a district that has special needs to choose a man of great character and power resident in another district. If he fails to meet the peculiar needs of that district, he will not be reelected. If he meets the needs of the district which he represents he has the additional prestige of his influence in another electoral district. A Senator can be removed for only four reasons: bankruptcy, absence, change of citizenship, conviction of crime.
At a time when the United States is so generally in favor of the election of Senators by direct vote, when England is trending so preponderately in favor of curbing the veto power of the House of Lords, it seems remarkable that Canada never questions the power of the Senator appointed for life.
Though officially supposed to be appointed by the Governor-General, the Senator is in reality never appointed except on recommendation of the prevailing Cabinet which means—the party in power. The appointments being for life and the emolument sufficient to guarantee a good living conformable with the style required by the official position, the Senator appointed for life—like the judge appointed for life—soon shows himself independent of purely party behests. He is depended upon by the Commoners to veto and arrest popular movements, which would be inimical to public good, but which the Commoner dare not defeat for fear of defeat in reelection. For instance, a few years ago a labor bill was introduced in the Commons as to compensation for injuries. In theory, it was all right. In practice, it was a blackmail levy against employers. The Commoners did not dare reject it for fear of the vote in one particular province. What they did was meet the Senate in unofficial caucuses. They said: We shall pass this bill all three readings; but we depend on you—the Senate—to reject it. We can go to the province and say we passed the bill and ask for the support of that province; but because the bill would be inimical to the best interests of other provinces, we depend on you, the Senate, to defeat it. And the Senate defeated it.
When older democracies are curtailing the strength of veto power in upper houses, it is curious to find this dependence of a young democracy on veto power. Instead of the life privileges leading to an abuse of insolence and Big Business, up to the present in Canada, life tenure independent of politics has led to independence. The appointments being for life guarantees that many of the incumbents are not young, and this imparts to the Upper House that quality of the Witenagemot most valued by the ancient Saxons—the council of the aged and the experienced and the wise.
Active, aggressive power, of course, resides chiefly with the Commons. Representation here is arranged according to the population and must be readjusted after every census. "Rep. by Pop." was the rallying cry that effected this arrangement. No property qualification is required from the member of the House of Commons, but he must be a British subject. He must not have been convicted of any crime, minor or major.
Franchise in Canada is practically universal suffrage. At least it amounts to that. Voters must be registered. They must be British subjects. They must be twenty-one years of age. They must not be insane, idiots or convicts. They must own real property to the value of three hundred dollars in cities, two hundred dollars in towns, one hundred and fifty dollars in the country; or they must have a yearly income of three hundred dollars. A farmer's son has the right to vote without these qualifications, evidently on the ancient Saxon presumption that a free-holder represents more vitally the interests of a country than the penniless floater, who neither works nor earns. In other words, the carpet-bag voter does not yet play any part in Canadian politics. Bad as the corruption is in some cases among the foreigners, when votes are bought at two dollars to five dollars, the point has not yet been reached when a carpet-bag gang of boarding-house floaters and saloon heelers can be transferred from a secure ward to a doubtful ward and so submerge the political rights of permanent residents.
Judges can not vote in Canada. In fact, they can take no part, direct or indirect, by influence or speech, in politics. This was one of the things fought out in the '37 Rebellion and forever settled. Canada could not conceive of a man who had been a judge being nominated for the premiership or as Governor. Of course, when Liberals are in power, as advisers of the Governor-General, they recommend more Liberals for judgeships than Conservatives; and when Conservatives are in power, they recommend for judgeships more Conservatives than Liberals. I think of attorneys who were penniless strugglers in the Liberal ranks of my childhood days in Winnipeg who are to-day dignified judges; and I think of other attorneys, who were penniless strugglers in Conservative ranks who have been advanced under the Borden regime to judgeships; but the point is, having been so advanced, they pass a chasm which they can never retrace without impeachment—the chasm is party politics. They are independent of popular favor. They can be impeached and displaced. They are forever disgraced by defalcation in office. By observing the duties of office, they are secure for life and held in an esteem second only to that of the Governor-General.
You will notice that it is all more a matter of public sentiment than a law; of custom than of court. That is what I mean when I say that Canada's constitution is a vital, living, growing thing, not a dead formula by which the Past binds and impedes the Present and the Future.
There must be a session of the Dominion Parliament once every year. Five years is the limit of any tenure of office by the Commons. Every five years the Commoners must go to the country for reelection. Usually the government in power goes to the country for reendorsement before the term of Parliament expires.
Laws on corrupt practices are very strict and what is more—they are generally enforced. The slightest profit, direct or indirect of a member, vacates his seat. Corruption on the part of underlings, of which they have known nothing, vacates an election. A member of Parliament can not participate directly or indirectly in any public work benefiting his district. He is not in it for what he can get out of it. He is in it for what he can give to it. Expenses of election to a postage stamp must be published after election.
The methods of conducting business in Parliament need not be discussed here, except to say that any member can introduce a bill, any member can present a petition from the humblest inhabitant of the commonwealth, and any member can speak on a motion provided he gains the floor first.
Judges are appointed and paid by the Dominion government, not by the provincial. Decisions by provincial judges—appointed by the Dominion government—can be appealed to a Supreme Court of Canada. Judges can be removed only on petition to the Governor-General for misbehavior.
Dominion taxes in Canada are indirect—on imports. As stated elsewhere, the main power in Canada is vested in federal authorities. Only local affairs—education, excise, municipal matters, drainage, local railroads, etc.—are left to the provinces.
Every man in Canada is supposed to be liable for military training if called on, but the number of men annually drilled is about fifty thousand. Hitherto a man appointed from the Imperial Forces has been the commanding general in Canada. It need scarcely be said that if Canada is to hold her own in Imperial plans, if she is to become a power in the struggle for ascendency on the Pacific, her equipment both as to land forces and marine are ridiculously inadequate. They are the equipment of a member in Imperial plans who is skulking his share.
Provincial courts are, of course, administered by provincial officers; but these are appointed by the Governor-General advised by the Cabinet of the federal party in power. The Lieutenant-Governor of the province is appointed by the Governor-General advised by the party in power. He is paid by the Dominion. Judges of superior courts must be barristers of ten years' good standing at the bar of their provinces. All judges and justices of the peace must have some property qualification. Rascals with criminal records are not railroaded into judgeships in Canada. I know of a judge in San Francisco who until the advent of the woman vote literally held his position by reason of his alliance with the white slavers. I know of another judge in New York who held his position in spite of a criminal record by reason of the fact he could get himself elected by the disreputable gangs. These things are virtually impossible under the Canadian system. In the future the system may prove too rigid. At the present time it works and keeps the courts clear of political influence.
Juries are not so universal in Canada as in the United States. In civil cases, where the points of law are complicated, the tendency is to let the judge guide the verdict of the court.