England, Canada and the Great War

by L. G. Desjardins

Evidently, when the Dominions of Canada, Australia, South Africa, New Zealand, will have grown out of the dependencies of the British Empire, they will no longer be Colonies of Great Britain. But when will that very important event take place? Surely, Sir Erskine May could not foresee. Even to-day Mr. Bourassa cannot say more than any one else. Pending that unforeseen outcome, the Dominions will remain parts of the British Empire under her Sovereignty.

The above quotation was taken by Mr. Bourassa from the edition of Sir Erskine May's "Constitutional History" published in 1912. But they were first edited by the author in 1863. When has the Imperial Parliament adopted the above mentioned "Resolution"? It was voted in 1862—the 4th of March—more than fifty-six years ago. Quoted as it has been by Mr. Bourassa, it appears to have been only very recently adopted. The fact that it is more than half a century old, and was carried before the Federal Union of the Provinces, is a convincing proof that it has no bearing whatever upon the conditions of Canada's present colonial status. By the aforesaid "Resolution," the British House of Commons was only expressing the opinion that the time had come for the Colonies to undertake the responsibility and the cost of their defence. The "Resolution" does not say that Great Britain would no longer be called, in the exercise of the rights and duties of her Sovereignty, to defend her Colonial Empire.

By what reasoning can a mere expression of opinion by the English House of Commons be interpreted as at once transforming the Colonies into independent Sovereign States?

Any one somewhat conversant with the political events that led to the Federal Union of the Provinces knows that in applying to the British Parliament for the new Constitutional Charter, the Legislature of United Canada had a twofold object:—first, the settlement of the constitutional difficulties then pending between Upper and Lower Canada; secondly, a broader development of Canada and also of the British Empire. Such was the purpose of the coalition government formed in 1864. All the members of that Cabinet were strongly in favour of the maintenance of Canada's union with Great Britain. I have heard them expounding their views on what the future of Canada ought to be. I am positive that neither Sir John A. Macdonald, Sir Georges Cartier, the honorable Georges Brown, nor any of their colleagues, of both political parties, ever said a word which could be construed as expressing the opinion that the proposed Federal Union would make of Canada an independent Sovereign State. It is incredible that Mr. Bourassa should have so erroneously understood their real views so as to pretend that they favoured Confederation for that very purpose.

As a proof of his pretension, he quoted the following words of Sir John A. Macdonald, in the Legislative Assembly of old United Canada:—

"With us the Sovereign, or, in this country the representative of the Sovereign, can act only on the advice of His Ministers, those Ministers being responsible to the people through Parliament."

Mr. Bourassa used the foregoing sentence in support of his contention that the King of England could not declare war without the assent of the Canadian Cabinet. It is impossible to understand how such a notion can be seriously held and expressed. His Majesty cannot ask nor accept such an advice, if it was tendered, for the very reason that the Canadian Cabinet has not the constitutional right to advise the King respecting the international relations of the Empire. And why? Precisely because the Canadian Ministers would not be responsible for their advice to the Imperial Parliament and to the electorate of the United Kingdom.

The true meaning of the above quoted sentence of Sir John A. Macdonald is very plain. Ministerial responsibility was the fundamental principle of the old Constitution, as it is of the Federal Charter. Sir John A. Macdonald was perfectly right in affirming that "in Canada, as in England, the Sovereign could act only on the advice of His Ministers," that is to say on the advice of His responsible Ministers within the constitutional powers of our Parliament on all matters respecting which they had the constitutional right to advise His Majesty.

Sir John A. Macdonald never said—he could not possibly say—that as Prime Minister of Canada, under the new Constitution, he would have the right to advise the Sovereign on all matters within the exclusive constitutional jurisdiction of the Imperial Parliament, for instance respecting the exercise of the Royal prerogative of declaring war against, or of making peace with, a foreign independent State. He has never propounded such an utterly false constitutional doctrine.

Mr. Bourassa went still further. He quoted the following sentence from Sir John A. Macdonald:—"We stand with regard to the people of Canada precisely in the same position as the House of Commons in England stands with regard to the people of England."