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labor and other economic interests have been
jurisdiction concurrent with the provincial
given special, although very uneven, repre-
courts in cases involving the revenues of the
sentation. At the present time the political
Crown, and exclusive jurisdiction over suits
composition of the Senate is as follows: Lib-
brought against the Crown in federal affairs.
erals 79, Progressive Conservatives 15, vacan-
It also hears cases concerning patents, copy-
cies 8.
rights, and certain other matters. This Court
Senatorial representation and influence in
also acts as a Court of Admiralty with original
the Cabinet has become less and less, because
and appellate jurisdiction.
of the responsibility of the Cabinet to the
Canada has but one system of criminal law,
House of Commons. Today it is customary to
which comes within the cognizance of the
have only one Senator in the Cabinet, who is
Dominion Parliament, but it is significant in
a Minister without Portfolio and at the same
connection with the two national heritages
time the government leader in the Senate.
that the French-Canadians of Quebec have
While there is much competence in the Sen-
retained French civil law. As noted above,
ate, it possesses only a limited chance for
this was guaranteed to them by the Quebec
effective work. The Senate is constitution-
Act of 1774; it differs in many ways from the
ally prohibited from originating money bills,
English Canadian civil law which obtains
and in practice Ministers have tended to in-
throughout the rest of Canada.
troduce all other measures in the House of
Until very recently the Judicial Committee
Commons. The Senate's actual role has
of the Privy Council in London was the final
therefore become one of revising and amend-
court of appeal for Canada in civil cases. In
ing bills received from the lower house. Al-
January 1947, however, the Privy Council
though it may also vote down bills, in practice
ruled that the Canadian Parliament was
its use of this power is generally only a delay-
legally entitled to declare the Supreme Court
ing tactic, and it ultimately yields to the Com-
of Canada to be the final Canadian court of
mons as representing the electorate. Con-
appeal. As a result of this decision the
sequently, as a result of the working out of
Canadian Parliament, in October 1949, passed
the democratic principle, the part played by
an act abolishing appeals to London and es-
the Senate in Canada's legislation has been
tablishing the Supreme Court of Canada as
steadily decreasing, the chief responsibilities
the final court of appeal in all cases. This
in legislation being assumed by the House of
legislation, together with action being taken
Commons.
to transfer constitutional amending power to
d. Judiciary.
Canada, represents the severing of vestigial
The British North America Act did not es-
legal ties with Great Britain, which even
tablish for Canada a dual system of federal
though nominal were, in the eyes of the world,
and provincial courts as might have been ex-
technical limitations on full Canadian SOV-
pected; instead, under the Act, the adminis-
ereignty.
tration of justice falls largely within the
Provincial justice is handled through the
sphere of the provincial governments, with ap-
provincial Supreme Courts, county courts,
peals lying to the higher federal courts of
and minor provincial courts such as Surrogate
which there are two: the Supreme Court of
and Magistrates' Courts.
Canada established in 1875, and the Court of
Dominion judges and judges of higher pro-
Exchequer and Admiralty. The former is a
vincial courts are appointed by the Governor-
court of appeal with civil and criminal juris-
General in Council; they hold office for life
diction; it concerns itself among other things
or during good behavior and can be removed
with appeals from provincial courts and from
only by the Governor-General in Council,
the Exchequer Court, with questions demand-
following a joint address of both Houses of
ing constitutional interpretation and with the
Parliament. The process of removal is, how-
validity of Dominion and provincial statutes
ever, hedged about with many formalities.
in dispute. The Court of Exchequer, which
Judges of minor provincial courts are ap-
became a separate entity in 1886, has original
pointed by the Lieutenant Governor in Coun-
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"ocrText": "8\nSCRET\nlabor and other economic interests have been\njurisdiction concurrent with the provincial\ngiven special, although very uneven, repre-\ncourts in cases involving the revenues of the\nsentation. At the present time the political\nCrown, and exclusive jurisdiction over suits\ncomposition of the Senate is as follows: Lib-\nbrought against the Crown in federal affairs.\nerals 79, Progressive Conservatives 15, vacan-\nIt also hears cases concerning patents, copy-\ncies 8.\nrights, and certain other matters. This Court\nSenatorial representation and influence in\nalso acts as a Court of Admiralty with original\nthe Cabinet has become less and less, because\nand appellate jurisdiction.\nof the responsibility of the Cabinet to the\nCanada has but one system of criminal law,\nHouse of Commons. Today it is customary to\nwhich comes within the cognizance of the\nhave only one Senator in the Cabinet, who is\nDominion Parliament, but it is significant in\na Minister without Portfolio and at the same\nconnection with the two national heritages\ntime the government leader in the Senate.\nthat the French-Canadians of Quebec have\nWhile there is much competence in the Sen-\nretained French civil law. As noted above,\nate, it possesses only a limited chance for\nthis was guaranteed to them by the Quebec\neffective work. The Senate is constitution-\nAct of 1774; it differs in many ways from the\nally prohibited from originating money bills,\nEnglish Canadian civil law which obtains\nand in practice Ministers have tended to in-\nthroughout the rest of Canada.\ntroduce all other measures in the House of\nUntil very recently the Judicial Committee\nCommons. The Senate's actual role has\nof the Privy Council in London was the final\ntherefore become one of revising and amend-\ncourt of appeal for Canada in civil cases. In\ning bills received from the lower house. Al-\nJanuary 1947, however, the Privy Council\nthough it may also vote down bills, in practice\nruled that the Canadian Parliament was\nits use of this power is generally only a delay-\nlegally entitled to declare the Supreme Court\ning tactic, and it ultimately yields to the Com-\nof Canada to be the final Canadian court of\nmons as representing the electorate. Con-\nappeal. As a result of this decision the\nsequently, as a result of the working out of\nCanadian Parliament, in October 1949, passed\nthe democratic principle, the part played by\nan act abolishing appeals to London and es-\nthe Senate in Canada's legislation has been\ntablishing the Supreme Court of Canada as\nsteadily decreasing, the chief responsibilities\nthe final court of appeal in all cases. This\nin legislation being assumed by the House of\nlegislation, together with action being taken\nCommons.\nto transfer constitutional amending power to\nd. Judiciary.\nCanada, represents the severing of vestigial\nThe British North America Act did not es-\nlegal ties with Great Britain, which even\ntablish for Canada a dual system of federal\nthough nominal were, in the eyes of the world,\nand provincial courts as might have been ex-\ntechnical limitations on full Canadian SOV-\npected; instead, under the Act, the adminis-\nereignty.\ntration of justice falls largely within the\nProvincial justice is handled through the\nsphere of the provincial governments, with ap-\nprovincial Supreme Courts, county courts,\npeals lying to the higher federal courts of\nand minor provincial courts such as Surrogate\nwhich there are two: the Supreme Court of\nand Magistrates' Courts.\nCanada established in 1875, and the Court of\nDominion judges and judges of higher pro-\nExchequer and Admiralty. The former is a\nvincial courts are appointed by the Governor-\ncourt of appeal with civil and criminal juris-\nGeneral in Council; they hold office for life\ndiction; it concerns itself among other things\nor during good behavior and can be removed\nwith appeals from provincial courts and from\nonly by the Governor-General in Council,\nthe Exchequer Court, with questions demand-\nfollowing a joint address of both Houses of\ning constitutional interpretation and with the\nParliament. The process of removal is, how-\nvalidity of Dominion and provincial statutes\never, hedged about with many formalities.\nin dispute. The Court of Exchequer, which\nJudges of minor provincial courts are ap-\nbecame a separate entity in 1886, has original\npointed by the Lieutenant Governor in Coun-"
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