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Canada under British Rule, 1760–1900

by John George Bourinot

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Canada. Australia

Judges of the superior and Judges in the states are appointed
   county courts in the provinces and removable under existing state
   (except those of probate in New constitutions, which the state
   Brunswick, Nova Scotia and parliaments can change at will.
   Prince Edward Island) are appointed
   by the governor-general-in-council,
   and removable only
   by the same on the address of
   the two houses of parliament.
   Their salaries and allowances
   are fixed by the parliament of
   Canada.

The provinces have jurisdiction Similar powers in the states. over the administration of justice in a province, including the constitution, maintenance, and organisation of provincial courts, both of civil and criminal jurisdiction, and including the procedure in civil matters in those courts.

The enactment and amendment With the states. of the criminal law rest with the Dominion parliament.

The enactment and amendment With the states. of all laws relating to property and civil rights rest with the provinces.

Trade and Finance. Trade and Finance.
   Customs and excise, trade and The parliament of the commonwealth
   commerce, are within exclusive has sole power to
   jurisdiction of Dominion parliament. impose uniform duties of customs
          and excise, and to grant bounties
          upon goods when it thinks it
          expedient. As soon as
          such duties or customs
          are imposed, trade and
          intercourse throughout the
          commonwealth, whether by
          internal carriageor ocean
          navigation, is to be free.

The Dominion government The parliament of the commonwealth
   can veto any such unconstitutional may annul any state
   law. law interfering with the freedom
          of trade or commerce between
          the different parts of the
          commonwealth, or giving preference
          to the ports of one part over
          those of another.

The power of direct taxation Direct taxation may be imposed is within the jurisdiction of both by the commonwealth Dominion parliament and provincial and by each state within its own legislatures, the one for limits—but taxation, when Dominion and the other solely exercised by the commonwealth, for provincial purposes. must be uniform.

Both Dominion and provincial Same is true of commonwealth governments have unlimited and states. borrowing power under the authority of parliament and legislatures.

Certain money subsidies are Of the net revenue of the
   paid annually to the provinces commonwealth from duties of
   towards the support of their customs and excise, not more
   governments and legislatures. than one-fourth shall be applied
          annually by the commonwealth
          towards its expenditure. The
          balance shall, in accordance
          with certain conditions of the
          constitution, be paid to the
          several states, or applied
          towards the payment of
          interest on debts of the
          several states. This arrangement
          is limited to ten years. Financial
          aid may be granted to any state
          upon such terms as the federal
          parliament may deem expedient.
          Western Australia may, subject
          to certain restrictions, impose
          duties on goods imported from
          other parts of the commonwealth.

No such provision; but the For the administration of the
   Dominion parliament and provincial laws relating to interstate trade
   legislatures could by the governor-general-in-council
   legislation arrange a similar may appoint an interstate
   commission. commission.

Canada is liable for amount of The parliament of the commonwealth
   the debts and liabilities of the may consolidate or
   provinces existing at the time of take over state debts by general
   the union, under the conditions consent, but a state shall
   and terms laid down in the indemnify the commonwealth, and
   constitution. the amount of interest payable in
          respect to a debt shall be
          deducted from its share of the
          surplus revenue of the
          commonwealth.

Imperial Control over Imperial Control over Dominion Legislation. Australian Legislation. Bills may be reserved by the The same. governor-general for the Queen’s pleasure, and her Majesty in As the old state constitutions council may within two years continue in force until amended after receipt of any Dominion by the state, state legislation is act disallow the same. still subject to power of disallowance by Queen in council.

No such provision. The governor-general may return any “law” presented to him for the Queen’s assent and suggest amendments therein, and the houses may deal with them as they think fit.

The recommendation of the The same. crown is required before initiation of a money vote in parliament.

_Amendments to the Amendments to the
   Constitution
. Constitution._

By the imperial parliament on Any proposed amendment to
   an address of the houses of the the constitution must be first
   Dominion parliament to the passed by an absolute majority
   Queen. of each house of parliament,
          and submitted in each state to
          the electors qualified to vote for
          members of the house of
          representatives. If in majority of
          the states a majority of the
          electors voting approve the
          proposed law, and if a majority
          of all the electors
          voting also approve the
          proposed law, it shall be
          presented to the governor-general
          for the royal assent.

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