Nation Building – Part Two

The British Tradition: Constitutional Monarchy and Parliamentary Government

• The Fathers of Confederation all accepted the necessity of maintaining ties with Britain and thus Canada would have a constitutional monarchy
• This constitutional monarchy would adhere to the idea of Responsible government and cabinet government
• The powers of the monarchy would be severely limited by the constitution (monarchy in name only)
• The Fathers of Confederation also opted for the parliamentary system of government, a bicameral set up.
• Representation within the lower house, the House of Commons, was easily agreed upon – “rep by pop” as explained by Brown was accepted by all
• Elections were to be held a least once every five years
• The question of representation on the upper house – the Senate – was more complicated – after long debate it was decided that the Senate would be appointed, nominally federal in representation
• There would be a total of 72 members of the Senate; Quebec and Ontario with 24, New Brunswick and Nova Scotia with 12
• The Senate was to provide a “sober second thought”
• Realistically, the Senate became the protector and guardian of property rights
• The Senate was to be the conservative check on any radical tendencies coming from the House of Commons
• The original Senate was to protect provincial rights, especially those of smaller provinces

Branches of Government

• The real of the new government was not in the Senate or the Commons
• The power was within the executive branch – the cabinet – which was selected by the leader of the majority party in the Commons – in particular the Prime Minister
• Canada decided to separate the Head of Government (Prime Minister) and the Head of State (monarchy), the opposite of the American system
• The judicial system was also the result of compromise with the result favoring the central government
• While the administration of justice and the organization of the courts remained within provincial jurisdiction, all judges above the county level were appointed and paid by the central government
• Criminal law was also the responsibility of the central government, as was the highest court of appeal and any other court deemed necessary “for the better administration of the laws of Canada”

The Financial Terms

• The financial conditions of Confederation revealed the supremacy of the central government as well as the favored position of Ontario and Quebec
• All customs revenue went to the federal government with one exception – timber revenue
• To keep the provinces somewhat happy, the central government agreed to pay the provinces an annual per capita subsidy of 80 cents a well as to assume provincial debts
• The firm commitment to complete the railway was the final enticement for the reluctant Maritime provinces

The Best of Both Worlds?

• Confederation was the “most dramatic change” in Canadian history since 1760 (the British Conquest)
• There was no break in the principle of British parliamentary supremacy
• The tradition of responsible government continued, with the executive being help accountable to the legislative branch
• Judicial appointment was maintained, rejecting the elected judges in America
• Canadians did borrow some ideas from the Americans – federalism and the concept of equal representation
• The bicameral system in Canada would consist of two houses- the lower elected on the basis of representation by population and the upper house selected on the basis of equal regional representation

The Rounding Out of Confederation, 1867 - 1873

• Four months after Confederation, Sir John A. MacDonald was confident enough in his central government, that he faced the electorate
• MacDonald realized that the six week election process would reveal the public’s view on the federal union
• The 1867 election saw the Conservatives carry the election by capturing 108 seats, the minority taking 72

Better Terms for Nova Scotia

• One of MacDonald’s first orders of business was to get the reluctant Nova Scotia back into the Confederation fold
• Joseph Howe and other anti-confederation politicians had failed gain Britain’s support in remaining out of Confederation
• At one point, Howe briefly considered annexation with the United States, but quickly abandoned the idea and accepted that submission to confederation was the best option for Nova Scotia
• Nova Scotia was to receive $82,000 rather than the original              $63,000   a year for the next ten years
• Howe negotiated a cabinet position for himself

Prince Edward Island’s Entry