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"There
hasn't been a single piece of law that has been passed
that doesn't take the charter into account"
Bob Rae - former
Ontario premier |
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Documents in History - A Primary View
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Canadahistory.com |
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1864
John A. Macdonald
on the Federal System
[excerpts from the Confederation Debates]
...Now, as regards the comparative advantages of a
Legislative and a Federal Union, I have never hesitated to
state my own opinions. I have again and again stated in the
House, that, if practicable, I thought a Legislative Union
would be preferable. (Hear, hear.) I have always contended
that if we could agree to have one government and one
parliament, legislating for the whole of these peoples, it
would be the best, the cheapest, the most vigorous, and the
strongest system of government we could adopt. (Hear, hear.)
But, on looking at the subject in the Conference, and
discussing the matter as we did, most unreservedly, and with
a desire to arrive at a satisfactory conclusion, we found
that such a system was impracticable. In the first place, it
would not meet the assent of the people of Lower Canada,
because they felt that in their peculiar position -- being
in a minority, with a different language, nationality and
religion from the majority, -- in case of a junction with
the other provinces, their institutions and their laws might
be assailed, and their ancestral associations, on which they
prided themselves, attacked and prejudiced; it was found
that any proposition which involved the absorption of the
individuality of Lower Canada -- if I may use the
expression-- would not be received with favour by her
people. We found too, that though their people speak the
same language and enjoy the same system of law as the people
of Upper Canada, a system founded on the common law of
England, there was as great a disinclination on the part of
the various Maritime Provinces to lose their individuality,
as separate political organizations, as we observed in the
case of Lower Canada herself. (Hear, hear). Therefore, we
were forced to the conclusion that we must either abandon
the idea of Union altogether, or devise a system of union in
which the separate provincial organizations would be in some
degree preserved....
...The Conference having come to the conclusion that a
legislative union, pure and simple, was impracticable, our
next attempt was to form a government upon federal
principles, which would give to the General Government the
strength of a legislative and administrative union, while at
the same time it preserved that liberty of action for the
different sections which is allowed by a Federal Union. And
I am strong in the belief -- that we have hit upon the happy
medium in those resolutions, and that we have formed a
scheme of government which unites the advantages of both,
giving us the strength of a legislative union and the
sectional freedom of a federal union, with protection to
local interests. In doing so we had the advantage of the
experience of the United States....
We can now take advantage of the experience of the last
seventy-eight years, during which that Constitution has
existed, and I am strongly of the belief that we have, in a
great measure, avoided in this system which we propose for
the adoption of the people of Canada, the defects which time
and events have shown to exist in the American
Constitution.... Ever since the union was formed the
difficulty of what is called "State Rights" has existed, and
this had much to do in bringing on the present unhappy war
in the United States. They commenced, in fact, at the wrong
end. They declared by their Constitution that each state was
a sovereignty in itself, and that all the powers incident to
a sovereignty belonged to each state, except those powers
which, by the Constitution, were conferred upon the General
Government and Congress. Here we have adopted a different
system. We have strengthened the General Government. We have
given the General Legislature all the great subjects of
legislation. We have conferred on them, not only
specifically and in detail, all the powers which are
incident to sovereignty, but we have expressly declared that
all subjects of general interest not distinctly and
exclusively conferred upon the local governments and local
legislatures, shall be conferred upon the General Government
and Legislature. -- We have thus avoided that great source
of weakness which has been the cause of the disruption of
the United States. We have avoided all conflict of
jurisdiction and authority, and if this Constitution is
carried out,...we will have in fact, as I said before, all
the advantages of a legislative union under one
administration, with, at the same time, the guarantees for
local institutions and for local laws, which are insisted
upon by so many in the provinces now, I hope, to be
united....
...any honourable member on examining the list of
different subjects which are to be assigned to the General
and Local Legislatures respectively, will see that all the
great questions which affect the general interests of the
Confederacy as a whole, are confided to the Federal
parliament, while the local interests and local laws of each
section are preserved intact, and entrusted to the care of
the local bodies. As a matter of course, the General
Parliament must have the power of dealing with the public
debt and property of the Confederation. Of course, too, it
must have the regulation of trade and commerce, of customs
and excise. The Federal Parliament must have the sovereign
power of raising money from such sources and by such means
as the representatives of the people will allow. It will be
seen that the local legislatures have the control of all
local works; and it is a matter of great importance, and one
of the chief advantages of the Federal Union and of local
legislatures, that each province will have the power and
means of developing its own resources and aiding its own
progress after its own fashion and in its own way. Therefore
all the local improvements, all local enterprises or
undertakings of any kind, have been left to the care and
management of the local legislatures of each province.
(Cheers.)....
...With respect to the local governments, it is provided
that each shall be governed by a chief executive officer,
who shall be nominated by the General Government. As this is
to be one united province, with the local governments and
legislatures subordinate to the General Government and
Legislature, it is obvious that the chief executive officer
in each of the provinces must be subordinate as well. The
General Government assumes towards the local governments
precisely the same position as the Imperial Government holds
with respect to each of the colonies now; so that as the
Lieutenant Governor of each of the different provinces is
now appointed directly by the Queen, and is directly
responsible, and reports directly to Her, so will the
executives of the local governments hereafter be subordinate
to the Representative of the Queen, and be responsible and
report to him....
...In conclusion, I would again implore the House not to
let this opportunity pass. It is an opportunity that may
never recur. At the risk of repeating myself, I would say,
it was only by a happy concurrence of circumstances, that we
were enabled to bring this great question to its present
position. If we do not take advantage of the time, if we
show ourselves unequal to the occasion, it may never return,
and we shall hereafter bitterly and unavailingly regret
having failed to embrace the happy opportunity now offered
of founding a great nation under the fostering care of Great
Britain, and our Sovereign Lady, Queen Victoria.
(Loud cheers, amidst which the honourable gentleman
resumed his seat). |
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