House of Commons of Canada
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons meets in a temporary Commons chamber in the West Block of the parliament buildings on Parliament Hill in Ottawa, while the Centre Block, which houses the traditional Commons chamber, undergoes a ten-year renovation; the House of Commons is a democratically elected body whose members are known as Members of Parliament. There were 308 members in the last parliament, but that number has risen to 338 following the election on Monday October 19, 2015. Members are elected by simple plurality in each of the country's electoral districts, which are colloquially known as ridings. MPs may hold office until Parliament is dissolved and serve for constitutionally limited terms of up to five years after an election. However, terms have ended before their expiry and the sitting government has dissolved parliament within four years of an election according to a long-standing convention.
In any case, an Act of Parliament now limits each term to four years. Seats in the House of Commons are distributed in proportion to the population of each province and territory. However, some ridings are more populous than others, the Canadian constitution contains some special provisions regarding provincial representation; as a result, there is some regional malapportionment relative to population. The House of Commons was established in 1867, when the British North America Act—now called the Constitution Act, 1867—created the Dominion of Canada, was modelled on the British House of Commons; the lower of the two houses making up the parliament, the House of Commons in practice holds far more power than the upper house, the Senate. Although the approval of both Houses is necessary for legislation, the Senate rarely rejects bills passed by the commons. Moreover, the Cabinet is responsible to the House of Commons; the prime minister stays in office only as long as they retain the support, or "confidence", of the lower house.
The term derives from the Anglo-Norman word communes, referring to the geographic and collective "communities" of their parliamentary representatives and not the third estate, the commonality. This distinction is made clear in the official French name of the body, Chambre des communes. Canada and the United Kingdom remain the only countries to use the name "House of Commons" for a lower house of parliament; the House of Commons came into existence in 1867, when the British Parliament passed the British North America Act, uniting the Province of Canada, Nova Scotia and New Brunswick into a single federation called the Dominion of Canada. The new Parliament of Canada consisted of the Senate and the House of Commons; the Parliament of Canada was based on the Westminster model. Unlike the UK Parliament, the powers of the Parliament of Canada were limited in that other powers were assigned to the provincial legislatures; the Parliament of Canada remained subordinate to the British Parliament, the supreme legislative authority for the entire British Empire.
Greater autonomy was granted by the Statute of Westminster 1931, after which new acts of the British Parliament did not apply to Canada, with some exceptions. These exceptions were removed by the Canada Act 1982. From 1867, the Commons met in the chamber used by the Legislative Assembly of Canada until the building was destroyed by fire in 1916, it relocated to the amphitheatre of the Victoria Memorial Museum—what is today the Canadian Museum of Nature, where it met until 1922. Until the end of 2018, the Commons sat in Centre Block chamber. Starting with the final sitting before the 2019 federal election, the Commons sits in a temporary chamber in the West Block until at least 2028, while renovations are undertaken in the Centre Block of Parliament; the House of Commons comprises 338 members. The constitution specifies a basic minimum of 295 electoral districts, but additional seats are allocated according to various clauses. Seats are distributed among the provinces in proportion to population, as determined by each decennial census, subject to the following exceptions made by the constitution.
Firstly, the "senatorial clause" guarantees that each province will have at least as many MPs as Senators. Secondly, the "grandfather clause" guarantees each province has at least as many Members of Parliament now as it had in 1985; as a result of these clauses, smaller provinces and provinces that have experienced a relative decline in population have become over-represented in the House. Ontario, British Columbia, Alberta are under-represented in proportion to their populations, while the other seven provinces are over-represented. Boundary commissions, appointed by the federal government for each province, have the task of drawing the boundaries of the electoral districts in each province. Territorial representation is independent of population; the calculation for the provinces is done with a base of 279 seats. The total population of the provinces is divided by 279 to equal the electoral quotient; the population of the province is divided by the electoral q
1882 Canadian federal election
The Canadian federal election of 1882 was held on June 20, 1882, to elect members of the House of Commons of Canada of the 5th Parliament of Canada. Prime Minister Sir John A. Macdonald's Conservatives and Liberal-Conservatives retained power, defeating the Liberal Party of Edward Blake. Acclamations: The following Members of Parliament were elected by acclamation.
Michael Patrick Ryan
Michael Patrick Ryan was an Irish-born Quebec businessman and political figure. He represented Montreal West in the 1st Canadian Parliament and Montreal Centre in the House of Commons of Canada from 1872 to 1874 and from 1879 to 1882 as a Liberal-Conservative member, he was born in Pallis, County Tipperary in Ireland in 1825, the son of William Ryan, came to Lower Canada with his family in 1840, settling near Chambly. He became a merchant in Montreal. In 1850, he married Margaret Brennan, he was served as captain in the local militia. Ryan was a member of the Council of the Board of Trade in Montreal and a director for the Montreal and Occidental Railway. Following the assassination of Liberal-Conservative Member of Parliament Thomas D'Arcy McGee in April 1868, Ryan was selected by the party to run in the ensuing by-election. Due to the circumstances of the by-election Ryan's candidacy was unopposed and he was elected to the House of Commons by acclamation. Ryan retired from business in 1875. In 1882, he was named customs collector at Montreal and served in that post until his death in January 1893
Quebec is one of the thirteen provinces and territories of Canada. It is bordered to the west by the province of Ontario and the bodies of water James Bay and Hudson Bay. S. states of Maine, New Hampshire and New York. It shares maritime borders with Nunavut, Prince Edward Island, Nova Scotia. Quebec is Canada's largest province by its second-largest administrative division, it is and politically considered to be part of Central Canada. Quebec is the second-most populous province of Canada, after Ontario, it is the only one to have a predominantly French-speaking population, with French as the sole provincial official language. Most inhabitants live in urban areas near the Saint Lawrence River between Montreal and Quebec City, the capital. Half of Quebec residents live in the Greater Montreal Area, including the Island of Montreal. English-speaking communities and English-language institutions are concentrated in the west of the island of Montreal but are significantly present in the Outaouais, Eastern Townships, Gaspé regions.
The Nord-du-Québec region, occupying the northern half of the province, is sparsely populated and inhabited by Aboriginal peoples. The climate around the major cities is four-seasons continental with cold and snowy winters combined with warm to hot humid summers, but farther north long winter seasons dominate and as a result the northern areas of the province are marked by tundra conditions. In central Quebec, at comparatively southerly latitudes, winters are severe in inland areas. Quebec independence debates have played a large role in the politics of the province. Parti Québécois governments held referendums on sovereignty in 1980 and 1995. Although neither passed, the 1995 referendum saw the highest voter turnout in Quebec history, at over 93%, only failed by less than 1%. In 2006, the House of Commons of Canada passed a symbolic motion recognizing the "Québécois as a nation within a united Canada". While the province's substantial natural resources have long been the mainstay of its economy, sectors of the knowledge economy such as aerospace and communication technologies and the pharmaceutical industry play leading roles.
These many industries have all contributed to helping Quebec become an economically influential province within Canada, second only to Ontario in economic output. The name "Québec", which comes from the Algonquin word kébec meaning "where the river narrows" referred to the area around Quebec City where the Saint Lawrence River narrows to a cliff-lined gap. Early variations in the spelling of the name included Kébec. French explorer Samuel de Champlain chose the name Québec in 1608 for the colonial outpost he would use as the administrative seat for the French colony of New France; the province is sometimes referred to as "La belle province". The Province of Quebec was founded in the Royal Proclamation of 1763 after the Treaty of Paris formally transferred the French colony of Canada to Britain after the Seven Years' War; the proclamation restricted the province to an area along the banks of the Saint Lawrence River. The Quebec Act of 1774 expanded the territory of the province to include the Great Lakes and the Ohio River Valley and south of Rupert's Land, more or less restoring the borders existing under French rule before the Conquest of 1760.
The Treaty of Paris ceded territories south of the Great Lakes to the United States. After the Constitutional Act of 1791, the territory was divided between Lower Canada and Upper Canada, with each being granted an elected legislative assembly. In 1840, these become Canada East and Canada West after the British Parliament unified Upper and Lower Canada into the Province of Canada; this territory was redivided into the Provinces of Quebec and Ontario at Confederation in 1867. Each became one of the first four provinces. In 1870, Canada purchased Rupert's Land from the Hudson's Bay Company and over the next few decades the Parliament of Canada transferred to Quebec portions of this territory that would more than triple the size of the province. In 1898, the Canadian Parliament passed the first Quebec Boundary Extension Act that expanded the provincial boundaries northward to include the lands of the local aboriginal peoples; this was followed by the addition of the District of Ungava through the Quebec Boundaries Extension Act of 1912 that added the northernmost lands of the Inuit to create the modern Province of Quebec.
In 1927, the border between Quebec and Newfoundland and Labrador was established by the British Judicial Committee of the Privy Council. Quebec disputes this boundary. Located in the eastern part of Canada, part of Central Canada, Quebec occupies a territory nearly three times the size of France or Texas, most of, sparsely populated, its topography is different from one region to another due to the varying composition of the ground, the climate, the proximity to water. The Saint Lawrence Lowland and the Appalachians are the two main topographic regions in southern Quebec, while the Canadian Shield occupies most of central and northern Quebec. Quebec has one of the world's largest reserves of fresh water, occupying 12% of its surface, it has 3 % of the world's renewable fresh water. Mor
James McShane was a Canadian businessman and politician. He was mayor of Montreal, a member of the Legislative Assembly of Quebec, a member of the House of Commons of Canada. Born in Montreal, the son of James McShane and Ellen Quinn, he worked as an exporter of livestock to England, he served as a volunteer in the militia during the Fenian raids in 1866. He represented the Sainte-Anne Ward on the Montreal City Council, from 1868 to 1873, 1874 to 1881 and from 1883 to 1887. From 1891 to 1893, he was the mayor of Montreal. In 1873, he was defeated as the Liberal Party of Quebec candidate in a Quebec provincial by-election in the riding of Montréal-Ouest, he was elected in the 1878 provincial election and re-elected in 1881. He was elected in Montréal-Centre in 1886, in Montréal division no. 6 in 1890. From 1887 to 1888, he was commissioner of agriculture and public works in the cabinet of Premier Honoré Mercier, he was defeated in the 1892 provincial election. In 1895, he was elected to the Canadian House of Commons in a by-election in the riding of Montreal Centre.
A Liberal, he was defeated in the 1896 federal election in the riding of St. Anne. After leaving politics, he was involved with the Montreal Harbour Commission and was harbour-master from 1900 to 1912. James McShane – Parliament of Canada biography "James McShane". Dictionary of Canadian Biography. University of Toronto Press. 1979–2016. "Biography". Dictionnaire des parlementaires du Québec de 1792 à nos jours. National Assembly of Quebec
Constitution Act, 1867
The Constitution Act, 1867 is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, the taxation system; the British North America Acts, including this Act, were renamed in 1982 with the patriation of the Constitution. Amendments were made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources; the Act begins with a preamble declaring that the three provinces New Brunswick, Nova Scotia and the Province of Canada have requested to form "one Dominion...with a Constitution similar in Principle to that of the United Kingdom". This description of the Constitution has proven important in its interpretation; as Peter Hogg wrote in Constitutional Law of Canada, some have argued that, since the United Kingdom had some freedom of expression in 1867, the preamble extended this right to Canada before the enactment of the Canadian Charter of Rights and Freedoms in 1982.
In New Brunswick Broadcasting Co. v. Nova Scotia, the leading Canadian case on parliamentary privilege, the Supreme Court of Canada grounded its 1993 decision on the preamble. Moreover, since the UK had a tradition of judicial independence, the Supreme Court ruled in the Provincial Judges Reference of 1997 that the preamble shows judicial independence in Canada is constitutionally guaranteed. Political scientist Rand Dyck has criticized the preamble, saying it is "seriously out of date", he claims the Act "lacks an inspirational introduction". The preamble to the Act is not the Constitution of Canada's only preamble; the Charter has a preamble. Part I consists of just two sections. Section 1 gives the short title of the law as Constitution Act, 1867. Section 2 indicates that all references to the Queen apply to all her heirs and successors; the Act establishes the Dominion of Canada by uniting the North American British "Provinces" of Canada, New Brunswick, Nova Scotia. Section 3 establishes that the union would take effect within six months of passage of the Act and Section 4 confirms "Canada" as the name of the country.
Section 5 lists the four provinces of the new federation. These are formed by dividing the former Province of Canada into two: its two subdivisions, Canada West and Canada East, renamed Ontario and Quebec become full provinces in Section 6. Section 7 confirms that the boundaries of New Brunswick are not changed, and Section 8 provides. Section 9 confirms that all executive powers remain with the Queen, as represented by the Governor General or an administrator of the government, as stated in Section 10. Section 11 creates the Queen's Privy Council for Canada. Section 12 states that the executive branches of the Provinces continue to exist and their power is exercised through the Lieutenant Governors, that the powers exercised by the federal government must be exercised through the Governor General, either with the advice of the privy council or alone. Section 13 defines the Governor General in Council as the Governor General acting with the advice of the Privy Council. Section 14 allows the Governor General to appoint deputies to exercise his powers in various parts of Canada.
The Commander-in-Chief of all armed forces in Canada continues with the Queen under Section 15. Section 16 declares Ottawa the capital of the new federation; the Parliament of Canada comprises the Queen and two chambers, as created by section 17. Section 18 defines its powers and privileges as being no greater than those of the British parliament. Section 19 states that Parliament's first session must begin six months after the passage of the Act and Section 20 holds that Parliament must hold a legislative session at least once every twelve months; the Senate has 105 Senators, most of whom represent one of four equal divisions: Ontario, the Maritime Provinces and the Western Provinces. Section 23 lays out the qualifications to become a Senator. Senators are appointed by the Governor General under Section 24, the first group of senators was proclaimed under section 25. Section 26 allows The Crown to add four or eight Senators at a time to the Senate, divided among the divisions, but according to section 27 no more senators can be appointed until, by death or retirement, the number of senators drops below the regular limit of 24 per division.
The maximum number of senators was set at 113, in Section 28. Senators are appointed for life, under Section 29, though they can resign under Section 30 and can be removed under the terms of section 31, in which case the vacancy can be filled by the Governor General. Section 33 gives the Senate the power to rule on its own disputes over vacancy; the Speaker of the Senate is appointed and dismissed by Governor General under Section 34. Quorum for the Senate is set at 15 senators by Section 35, voting procedures are set by Section 36; the composition of the Commons, under Section 37, consists of 30
Bernard Devlin, was an Irish-born lawyer, counsel to the Abraham Lincoln administration of the United States Government during the most northerly engagement of the United States Civil War, Quebec-based political figure and Canadian parliamentarian, peer and political competitor of Thomas D'Arcy McGee. A champion of many causes of a liberal persuasion, his abilities as a criminal advocate and oratorical skill established for him a wide reputation throughout the then-Dominion of Canada, his motto: "justice and equality to all classes and creeds, undue favor to none" was far in advance of the tenor of the times. Born at Meera, outside present day Carrick-on-Shannon, County Roscommon, the eldest of seven siblings, son of extensive landed proprietor and merchant Owen Devlin and his wife Catherine Mullany. In his teens Devlin commenced the study of the medical profession under his uncle, well known practitioner Dr. Charles Devlin of Ballina, County Mayo moving to Dublin to complete his studies.
The medical tradition ran in the family, with two uncles and two brothers all qualifying and serving as doctors either with the Royal College of Surgeons of Ireland, or its counterpart in England. Dr. Charles Devlin gave his life in 1847 at the age of 44 during the worst year of the Irish famine, serving the sick poor of a workhouse in Ballina, County Mayo, he had contracted "fever" from his patients. Leaving Ireland for Canada along with his father in 1844, the latter having suffered financial misfortunes, Devlin settled at Quebec City. Devlin's brother Charles, the future pioneer Mayor of Aylmer, had arrived two years earlier, his younger brother by 12 years, Owen Joseph Devlin, a notary, arrived some years afterwards. At Quebec, unable to practice medicine because he was less than 21 years of age, Devlin established a weekly newspaper with a liberal bias called the Freeman's Journal and Commercial Advertiser, he directed this newspaper from 1844 to 1847, after which he left for Montreal, where he continued his activity as a journalist and began the study of law under Edward Carter, QC, Member of Parliament in the House of Commons for Brome, Quebec.
Called to the Lower Canada Bar in 1847, Devlin set up practice in Montreal, operating on his own but in association at different times and for varying periods with several others including Augustus Power, son of Quebec supreme court justice William Power, Devlin's younger brother, notary Owen Joseph Devlin. His offices were variously located along St. James Street. Devlin's preferred location for business socializing was the St. Lawrence Hall Hotel at 13 Great St. James Street considered the finest hotel establishment in the city; the St. Lawrence Hall had many prominent guests at the time, including the Prince of Wales, Charles Dickens, John A. Macdonald and George Brown. Noted for his "splendid abilities" and as "Canada's most prominent criminal lawyer", it was said of Devlin that "There may have been his equal but never his superior in Canada. Wonderful stories are told of the effects of his oratory and pleading upon the jury, and, as an old Montrealer remarked: "Many a man was saved from the gallows by his matchless pleading".
Complementing his oratory was a keen knowledge of human nature, shown to best effect in the examination of witnesses. Devlin established a large and lucrative practice in criminal law, a wide reputation throughout the Dominion of Canada. For many years he served as Counsel to the Montreal Harbor Commissioners, joint City Attorney for Montreal up to December, 1875. Created a Queen's Counsel by the Joly Government of Quebec in 1878, few cases of major importance of a criminal nature took place without his taking part on one side or the other. Among other important causes Devlin was retained, in 1864, by the administration of Abraham Lincoln to serve as counsel in the prosecution at Montreal of the participants in the celebrated St. Albans, Vermont Raid, the most northerly incident of the United States Civil War. During the St. Albans Raid, the Confederate States of America sent a 22-man party undercover to Montreal, which infiltrated into Vermont and took control of the village of St. Albans, robbing several banks, attempting to burn buildings and causing some loss of life, before fleeing north again into Canada, hoping to draw the United States Army in pursuit across the frontier.
The objective of the raid was to both raise money and draw Great Britain into the United States Civil War, thereby opening a second front against the North and drawing off resources that would otherwise be directed southward against Confederate forces. Devlin, on behalf of the United States Government, argued the raiders were criminals, not enemy combatants, should be prosecuted accordingly. However, the court deemed the raiders legitimate soldiers of the Confederacy who could not be extradited, they were freed, though shorn of their remaining cash from the raid; the decision to release the raiders was seen by the Northern states as hostile to the Northern cause. American troops were ordered to in future pursue raiders into Canada and destroy them if necessary. However, realizing that such a move would violate Canadian neutrality and precipitate war between the Union and Great Britain, thereby achieving one of the key goals established for the raid by the Confederacy and only serving to help the South, President Lincoln revoked the order.
The St. Albans Raiders case set several precedents