Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-02-17

The Dominion of Canada, like the
United States. is a confederation OF sen'i
independent governments. The nine prov
inces of Canada. like the forty-six states
of the Union. are together subject 10
federal government, although retaihihs
many powers and rights under their sep
arate and exclusive control.
The union. or confederation, of the prov
inces of British North America, uhuer
the name OF the Dominion of CANADA was
accomplished in 1861. There was great
jealousy among the provinces, ana the
confederation was not brought about en-
cent after strenuous opposition. Indeed
The present premier. Sir Wilfrid Laurier,
first entered active politics in ms na'lNe
province of Quebec as an opponent 10
confederation. The union in 1861 inciud-
ed only the Canadas. no Wthe nov
inces of Ontario and Quebec, Nova SEQ
tia and New Brunswick. Provision was
made for the coming in of Prince EdWard
Island British Columbia and Newfound-
land and the admission of Prince Rupert
Land and the great northwest Brltlsh
Columbia actually joined the conieuefa
lion in ISL Prince Edward Island IN
1873 and Prince Rupert's Land was pur-
chased from the Hudsons Bay Company
in 1870 Newfoundland never came H.
and remains today a separate coion!.
The provinces of Manitoba, Alberta ana
Saskatchewan have been erected out OF
the territory acquired from the Hudson
Bay Company. but two-thirds OF the
whole area of the Dominion still remains
in the federal territories OF Mackenzie
Ungava, Franklin. keewatin and Yukon.
The confederation of the jealous col
ones in 1867 was made for the purpose
of securing mutual benefits. but the dis
putes then lately brought to the tri-
bunal of war in the United States were
well considered The provinces of Cana
da sympathized with the north in the
civil war of 1SJ1-5. but they adopted
many of the principles of the south when
they united. reserving to the provinces
many privileges that were disputed in the
american states
At the same time the people of the
provinces had to deal with a superior
government, and the
Strong Central British parliament so
settled affairs that in
uo'cInlueAs. fact the federal govern
ment Of Canada was given all powers not
specifically reserved to the provinces OF
the people-exactly the reverse of the
American Constitution, which reserves to
me states and the people all powers not
mept 1t is not surprising. then. that the
Canadian federal system differs greatly
from the American, being the result of
the double intent of two opposing factors
IN its framing.
The United States Constitution, in the
CRY and in fact, was ordained by the
people of the American states. The Ca
madam constitution does not bear the
name of constitution" but is an act of
the British parliament. statute entitled
British North America Act, 1867 10
Wet. c. g.. The people of Canada never
were given an opportunity to register
their approval or disapproval of the act.
Some of the differences between the
United States and Canada in the division
of local and federal powers are now
sharply accumulated by current events.
For instance, Canadian provinces may
levy export taxes independently OF fed
erai action; while American states can
not take any separate action with respect
TO duties and imports, and even the fed
eral government of the United States is
without power to impose an export tax.
Some Canadian provinces now put an ex-
pot tax on pulp wood going to the
United States. anu the pending reciprocs
ity agreement takes this fact into con-
slderation.
Canadians are beginning to complain
that it is impossible to enforce federal
laws without the machin-
Operation of cry of a federal judiciary,
just at the time when
tAe CouItS' Americans are beginning
seriously to consider the menace of the
growing power and influence of the fed
eral courts! In Canada the only federal
court is the supreme court OF the Do
minion. This court sits at Ottawa and
hears appeals from provincial courts in
cases involving federal laws. From the
supreme court appeals may be taken to
the judicial committee of the imperial
privy council of Great Britain, but In
the provinces the provincial courts have
causes This makes it possible for a
provincial court practically to nullify
federal statute, but complaints OF such
action arc rare
These instances of weakness In the fed
eral system in Canada are rather the
exception than the rule. The fact that
all powers not expressly reserved are
vested in the federal government gives
the confederation the vast advantage over
the provinces. The Dominion parliament
may therefore do many things which
are impossible to the Congress of the
United States. 1t may. for instance, do
what 1t will with railroads, with cor
porations. with labor unions, with food
and health regulations. and all without
any regard to the 'constitutonality" of
the MEASURE. without any possible Ques-
out any verbal gymnastics designed to
square the immediate measure with an
interstate commerce clause adopted