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The Royal Assent in Prince Edward Island: Disallowance of Provincial Acts, Reservation of Provincial Bills, and the Giving and Withholding of Assent by Lieutenant-Governors

Published online by Cambridge University Press:  07 November 2014

Frank Mackinnon
Frank Mackinnon*
Affiliation:
Carleton College, Ottawa
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Type
Notes and Memoranda
Information
Canadian Journal of Economics and Political Science/Revue canadienne de economiques et science politique , Volume 15 , Issue 2 , May 1949 , pp. 216 - 220
Copyright
Copyright © Canadian Political Science Association 1949

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References

1 See Eugene Forsey in this Journal, vol. IV, no. 1, Feb., 1938, and vol. XIV, no. 1, Feb., 1948; and Frank Milligan and J. R. Mallory in vol. XIV, nos. 2 and 4, May and November, 1948, respectively.

2 See, for example, Provincial Legislation, Report of Minister of Justice, 11 8, 1898, on “An Act respecting Witnesses and Evidence,” vol. II, pp. 762–4.Google Scholar

3 Ibid., Premier Arthur Peters to Lieutenant-Governor, June 15, 1907, p. 722.

4 See, for example, P.E.I., Assembly Journals, 1883, appendix H, “Estates of Intestates Administration Act” 1882.Google Scholar

5 Ibid., 1880, appendix A.

6 Charlottetown, Patriot, 04 29, 1880.Google Scholar

7 Ibid., May 25, 26, 1920; Charlottetown, Examiner, 05 20, 26, July 6, 10, Aug. 19, 1920.Google Scholar

8 Canada Sessional Papers, 1924, no. 276.

9 Patriot, May 1 and 6, 1880; Examiner, May 3, 1880.

10 The writer is informed by the then attorney-general that he had personally advised refusal in both instances.

11 Assembly Journals, 1875, appendix E; ibid., 1876, appendix E.

12 Ibid., 1876, appendix E.

13 Memorandum on Office of Lieutenant-Governor of a Province (Ottawa, 1938), p. 59.Google Scholar

14 Assembly Journals, 1877, appendix E.

15 Ibid., 1880, appendix A.

16 Department of Justice Memorandum, p. 59.

17 Executive Council Minute Book, Charlottetown, May 10, 1892, pp. 200-8.

18 Assembly Journals, 1893, appendix A.

19 Ibid., 1881, p. 287; Examiner, Apr. 8, 1881.

20 Ibid., 1894, p. 288; Examiner, May 9, 1894.

21 Ibid., 1904, p. 106.

22 The judgment is published verbatim in Charlottetown, Guardian, 12 14, 1948.Google Scholar

23 P.E.I., Royal Gazette, 09 29, 1945, vol. LXXI, no. 39. The Act is 9 Geo. VI, c. 26.Google Scholar

24 Public Archives of Canada, P.E.I., G. Series, vol. 34, p. 338, Law officers to Edward Cardwell, Apr. 6, 1865; and ibid., p. 335, Cardwell to Administrator of P.E.I., Dec. 1, 1865; ibid., vol. 35, p. 155, Cardwell to Dundas, Mar. 24, 1866. It should be noted, by the way, that Governor Robinson, after reserving the Railway Extension Bill of 1872 for the Queen's pleasure, was prepared to give his assent if the colonial secretary wished, even though the session had ended. Ibid., vol. 43, p. 90, Robinson to Kimberley, July 12, 1872.

25 See comments by Martin, K. M., Canadian Bar Review, vol. XXIV, p. 435 Google Scholar, and Bora Laskin ibid., p. 625.