Canada's Parliament

• Author: Rob Walsh
• Pages: 25-30

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cHaPter tHree

Canada’s Parliament

We have seen how the parliamentary system of government irst developed in Britain before it spread throughout the world, including Canada. How did it develop in Canada? As Canada was irst a British possession or colony, generally referred to as British North America (as distinct from the American North America to the south), its legal (constitutional) structure had to be irst established by the Parliament in England.

Canada as a British Colony

In 1791, the British Parliament passed the Constitutional Act creating the colonies of Lower Canada (Quebec) and Upper Canada (Ontario), the former called Lower Canada because it was further down the St Lawrence River and the latter called Upper Canada because it was further up the St Lawrence River. At this time, British North America, with a population of almost 400,000, had ive other colonies: Nova Scotia, New Brunswick, Newfoundland, St John Island (which would become Prince Edward Island), and Cape Breton Island (which would be incorporated into Nova Scotia), and a territory out west and in the north, Rupert’s Land (later to become

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THE HOUSE OF COMMONS OF CANADA

the Northwest Territories) that the British Crown had given to the Hudson’s Bay Company.

However, these constitutional domains were mere colonies, that is, they were administered by oicials appointed by the British government. he government in each of these colonies was headed by an appointed Governor who answered to the Colonial Oice of the British Government in London, England. he Governor was subject to directions from the Colonial Secretary acting on behalf of the British government. he colony had an elected Legislative Assembly that provided representation for the people who paid the taxes that supported the government but it was the Governor or Governor General who ran the government of the colony. he Governor General could disallow an Act of the Legislative Assembly, which the Governor General today cannot do. he Governor General appointed members of the Legislative Assembly to the Executive Council (Cabinet), but the Governor General was very much in charge of the Government, much like the prime minister of Canada is today. he Executive Council (Cabinet) had an advisory role only. here was no accountability of the Government, that is, the Governor General, to the elected Legislative Assembly. he Government was owned and operated by the British government (and funded by the British government on major capital projects such as railways and canals). From London’s point of view, the government of a colony could not be accountable to local political interests. How else could they run the empire?

In 1840, the British Parliament joined Lower Canada and Upper...