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The Lieutenant-Governor's Discretionary Powers: The Reservation of Bill 56

Published online by Cambridge University Press:  07 November 2014

J. R. Mallory
J. R. Mallory*
Affiliation:
McGill University
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Type
Notes and Memoranda
Information
Canadian Journal of Economics and Political Science/Revue canadienne de economiques et science politique , Volume 27 , Issue 4 , November 1961 , pp. 518 - 522
Copyright
Copyright © Canadian Political Science Association 1961

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References

1 Gallant v. Rex, [1949] 2 DLR 428–30.

2 Full discussion of the historical and constitutional basis of reservation and related powers will be found in LaForest, G. V., Disallowance and Reservation of Provincial Legislation (Ottawa, 1955)Google Scholar; Saywell, John T., The Office of Lieutenant-Governor (Toronto, 1957)Google Scholar; and Mallory, J. R., Social Credit and the Federal Power in Canada (Toronto, 1954).Google Scholar The Alberta reservations are discussed in Forsey, Eugene, “Disallowance of Provincial Acts, Reservation of Provincial Bills, and Refusal of Assent by Lieutenant-Governors since 1867,” this Journal, IV, no. 1, 02, 1938, 47–59 Google Scholar; Forsey, Eugene, “Disallowance of Provincial Acts, Reservation of Provincial Bills, and Refusal of Assent by Lieutenant-Governors, 1937–47,” this Journal, XIV, no. 1, 02, 1948, 94–7Google Scholar; Mallory, J. R., “The Lieutenant-Governor as a Dominion Officer: The Reservation of the Three Alberta Bills in 1937,” this Journal, XIV, no. 4, 11, 1948, 502–7.Google Scholar

3 Reference re Disallowance and Reservation, [1938] SCR 71.

4 LaForest, , Disallowance and Reservation, 36 ff.Google Scholar; Mallory, , Social Credit and the Federal Power, 8–24, 169–80.Google Scholar

5 Reference re Disallowance and Reservation, [1938] SCR 71 at 95.

6 Dominion and Provincial Legislation, 1867–1895 (Ottawa, 1896), 78.Google Scholar There were sturdy denials that the three Alberta reservations in 1937 were preceded by consultation or instructions from Ottawa. In fact, there was close consultation, but the secret was well kept until the truth emerged from the Lapointe Papers. See Saywell, John T., “Reservation Revisited,” this Journal, XXVII, no. 3, 08, 1961, 367–72.Google Scholar

7 Canada, House of Commons, Debates (unrevised), April 10, 1961, p. 3484.

8 Ibid., April 12, 1961, p. 3577. By a charming slip in dictation by the Hansard reporter, the heading to this question was “Resurrection of Legislation respecting mining contracts.”

9 Ibid., May 5, 1961, p. 4397.

10 Dicey, A. V., Law of the Constitution (9th ed., London, 1952), 422–3.Google Scholar