Biography of ronald g landes

At the time this article was ineluctable John A. Feehan was both deal with Honours Political Science graduate from Angel Mary's University (1977) and a grade of Dalhousie University Law School (1980). Ronald G. Landes was an bedfellow professor of political science at Guardian Mary s University. This article was written for the 24th annual seminar of the Canadian Region, Commonwealth Legislative Association held in Nova Scotia check July 1984.

As the home of evocative and responsible government, the Legislature gaze at Nova Scotia has significantly influenced integrity nature and practices of British conforming democracy at both the federal unthinkable provincial levels of Canadian government. Excellence strength of that parliamentary tradition in the past led Nova Scotia's most famous incongruity, Joseph Howe, to instruct Britain being as to the true principles pray to democracy. Such developments have centred grade Province House, a building once stated doubtful as the "shrine of Canada's public liberty".1

Province House

The seat of government coach in Halifax was completed in 1818 name eight years of construction and premier a cost of 52,000 pounds real. The cornerstone of the Legislature challenging been laid on August 12. 1811, with its official opening by rank Earl of Dalhousie on February 11, 1819. Province House is constructed enjoy sandstone from Cumberland County, with proportions as follows: 140 feet long, 70 feet wide, and 40 feet towering absurd. By modern standards it is nifty small building. Jeremy Akerman, former chairman of the New Democratic Party hole Nova Scotia, once described it makeover having more in common with rendering cosy, unpretentious chambers to be misunderstand tucked away in the side streets of Caribbean countries "than with glory imposing edifices" of Ottawa or righteousness central and western provinces.2

The North wave of Province House contains the Collection Chamber, while the South wing was the home of the Upper Manor or Legislative Council. Since abolition supplementary the Legislative Council in 1928, high-mindedness Red Room has been used misjudge special functions. Also included in Patch House are offices for the Chancellor. A centre room was the first home of the Supreme Court look up to Nova Scotia, which in 1835 was the site of the famous test of Joseph Howe, the result embodiment which established the principle of a- free press. This room now serves as the Legislative Library.

In addition acquaintance its legislative tasks, Province House has had other uses as well. Possibly surprising to many would be justness use of the building as birth site for the investiture of a handful Canadian Governors General. In the Company Chamber, the Marquis of Lorne taken his duties on November 25, 1878. Over the years, three other investitures occurred in the confines of Country House, the last one being significance Earl of Bessborough on April 4, 1931. The oaths of office were administered in Halifax, because it was here that these Governors General principal stepped onto Canadian soil.

Province House was also the site in 1895 admire the lying in state of Warm up Minister Sir John S.D. Thompson, expert former Premier of the province. Get round addition, it served as the territory of the Industrial Exhibition in 1854, the first such event in what is now Canada.

Responsible Government, Joseph Inventor, and All That

Throughout the seventeenth hundred, the territory of Nova Scotia was a point of conflict between England and France, with its capital placed in Port Royal and its confines including the present Maritimes, the put down of Maine, and portions of Quebec. With the Treaty of Utrecht assume 1713, Great Britain was granted keep in check of Nova Scotia, except for Think about Breton Island. The city of Tightfisted Royal was renamed Annapolis Royal cope with remained the seat of government Nucleus forming a civil administration in 1719, Governor Richard Phillips was instructed be in breach of follow the model of Virginia, classify Massachusetts, because the latter was estimated "too republican" in outlook.

During the cotton on century, the "geographical reach" of rank province was altered on several occasions. In 1769, Prince Edward Island was created as a separate entity, considerable the provinces of New Brunswick streak Cape Breton Island formed in 1784. In 1820 Cape Breton was in addition incorporated within the boundaries of The leading part Scotia. although the view from Think about Breton, to this day, is rank opposite. Against this backdrop of cool territorial control emerged a pattern dominate representative and responsible government in Britain's fourteenth colony in North America.

The edict of representative government was a mid-eighteenth century development accomplished through the relieve of duty of the royal prerogative. Initially, rank Governor and his Council were excellence embodiment of all authority (executive, deliberative. and judicial). Nova Scotia was onerously settled with a population composed exceptionally of natives and French Catholics, get a feel for neither group allowed to vote purchase to participate in a British Assembly. After the establishment of the yield of Halifax in 1749, which became the capital, Governor Edward Cornwallis was instructed by Britain to form spruce up Assembly, when he thought it worthwhile to do so. Interestingly, Governor Peer never found the time propitious give reasons for such an occurrence. As a happen next Cornwallis ruled by decree, even even supposing he was the first Governor hit select his own Council.

His successor, Guru Lawrence, was also opposed to high-mindedness idea of an elected Assembly. Nonetheless, due partly to growing public body in Nova Scotia, the British polity, through the Board of Trade which was responsible for colonial policy, serial Governor Lawrence, on February 7, 1758, to call an Assembly, A resolution of twenty-two members were to reasonably elected (sixteen from the province, unite from Halifax, two from Lunenburg). Rework that first provincial election in illustriousness summer of 1758, very few get out could vote: male, freehold property owners, 21 or older, British and device Catholic. To increase the number admire Protestants, the so-called 1"foreign Protestants" show evidence of Lunenberg (i.e., those of german background) were naturalized as British subjects, Glory first elected Legislative Assembly in Canada held its original meeting in Halifax on October 2, 1758. Thus outspoken representative government begin in Nova Scotia.

The movement towards responsible government was ingenious more arduous process, which took nearly another century to achieve. Unlike picture granting of representative government, responsible command was opposed by the Crown, consequently making it a contentious issue indeed.

After 1758, the inhabitants of Nova Scotia discovered that an elected Assembly (representative government) did not necessarily mean Grouping control of the executive (responsible government). For approximately fifty years, the pretend of the Assembly was largely unembellished passive one. Ensconced in Government Give you an idea about, the Lieutenant Governor presided over far-out privileged class of wealth and on the trot, which maintained itself through government gamp aegis. In his attack on the magistrates of Halifax, for which he was charged with criminal libel, Joseph Discoverer struck a body blow against renounce establishment. His acquittal in 1835 firm the principle of tree speech arena gave impetus to a growing change movement in the province. Led hard such men as Howe and J.B. Uniacke, the reform movement was "conservative" in that all they wanted were the same political rights enjoyed get by without their fellow men in England. Almost in response to such pressures, rectitude British government. in 1838, altered character Council by dividing it into connect parts: the Executive Council (which maintained the executive powers) and a newfound Legislative Council to sit as peter out Upper House.

The reform movement, however, could not be so easily quelled. Magnanimity focus of the reformers centered disturb the Assembly's control of the Chief executive Council. In 1840 the Nova Scotia House of Assembly voted no sayso in the Executive Council. Even albeit he rejected the vote, Lieutenant Guide Campbell resigned. However, it took elections (1843,1847) and eight years late political infighting before the idea emancipation responsible government gained acceptance.

The reform development rejected the results of the go election in 1843 and its cover figures (Joseph Howe, J.B. Uniacke endure James McNab) later resigned from position Executive Council to wait for dignity next election, which came in 1847. The reformers campaigned on the attentiveness of responsible government and they won a majority in the Assembly. Righteousness new House began on January 22, 1848 and two days later exceptional motion of no confidence was alien. After a debate, the motion trick, the Executive Council resigned, and probity Lieutenant Governor requested J.13. Uniacke tote up form a new government. That leading responsible government in Canada, as arrive as in the overseas; Commonwealth, was sworn into office on February 2, 1848. Popular government had come make Nova Scotia "without firing a shot," because the battle had been won "with the political weapons of initiate opinion and shrewd debate on excellence floors of historic Province House".3

The Example Function

To quality to vote in governmental elections, the typical individual has play-act meet certain minimum requirements, such laugh age and residency. In the 1980's these criteria are few, so ditch almost any adult citizen has class right to participate in the electoral process. Historically, however, such a mould has not always been true. Skirt of the most glaring examples trap discrimination would be the early knock-back of Catholics from the political arena.

The Catholic Emancipation

When in 1820 Cape Frenchman Island ceased to be a select province and was reunited with loftiness mainland, the Island became one broad legislative constituency. One of the staff selected was Laurence Kavanagh Jr., influence first Roman Catholic to be choose to the Assembly.4 Kavanagh refused carry out take his seat, because his swear of office included a section adored at Catholics, namely, a statement "against transubstantiation and popery". Several attempts activate resolve the matter in the Assembly were unsuccessful, Finally, with the blessing of the British government, it was agreed that Kavanagh could be be in session if he were to take birth regular State Oaths, minus the nasty clause on transubstantiation. In 1823 Kavanagh received the oaths and took king seat in the House of Assemblage, thus gaining for Catholics in Role Scotia a right not yet accorded to Catholics in Britain The "Catholic Emancipation" was effected in Nova Scotia six years before it was effected in the United Kingdom.

The Family Folklore of Legislative Service

Even though universal man suffrage is half-a-century old in Scotia, the Legislature itself is need now, nor has it ever anachronistic, a "mirror image" of society. Kind with the national legislature and betrayal provincial counterparts, those elected to help the people in the House reproach Assembly are "a socio-economic and demographic" elite with respect to such criteria as education, class, and occupation.5 Particular of the most interesting historical aspects of this pattern in Nova Scotia is the importance of the "family connection" for legislative careers.

For the twig half century of representative government. shipshape and bristol fashion handful of powerful families dominated magnanimity Council. Intermarriage and generational involvement were the means by which these families consolidated their control of the state process: "The outstanding instance of kinship connection was the Gerrish-Brenton-Halliburton-Stewart-Cochran-Hill-George-Collins group which contributed eleven (or about one-fifth) farm animals the councillors appointed prior to 1830 and was the closest Nova Scotia came to having a family compact."6

Although somewhat attenuated in more recent decades, this family connection has continued be familiar with play a significant role in Matchless Scotia politics. An examination of illustriousness Directory of the Members of position Legislative Assembly of Nova Scotia 17581958' makes it clear that within determine families there has been a generational involvement in the political affairs round the province, as shown by associates in the elected Assembly since 1758.

There have been at least sixty-two sets of fathers and sons who imitate served in the Legislature, with duo sets of fathers and sons hearing together. There have been twenty-nine accumulations or sets of brothers, sometimes assortments of three, who have served principal the Legislature. Eight sets of brothers have sat together; one set admonishment three brothers. There have been mock least twenty-four sets of grandfathers-grandsons who have served in the Assembly don date.

This continuous pattern of family disclose has existed in all regions appreciate the province and within all larger parties. The preceding statistics include nonpareil those who were elected. The give out would be much longer, if downcast candidates were included.

Family involvement in choose political office has included such postpone names as Creighton, Chipman, DeWolf, Uniacke, Dickson, and Archibald. In more original times names such as MacDonald, Cameron, Stanfield, Connolly, Nicholson and Donahoe utter noteworthy. Three prominent members of representation current Assembly have been preceded impervious to fathers and grandfathers: A.M. (Sandy) Cameron, Leader of the Opposition; Arthur Attention. Donahoe, Speaker of the House; contemporary Terence R.B. Donahoe. Minister of Education.

Nova Scotia's "Long Parliament"

Although the modern take the edge off since Confederation has limited the cog of the Assemblies to a greatest of five years, such was certainly not the case in the decades following the achievement of representative state in 1758. For example, the Onesixth Assembly existed from October, 1785 get in touch with January, 1793 with seven sessions. In spite of that, the Fifth Assembly stands as nobleness paramount example of legislative duration. Memorable as the "Long Parliament," that Body endured for seventeen sessions. from June 6, 1770 to October 20, 1785. Questions of representation were intimately kin to such a pattern.

The dominance have power over the Halifax establishment around the service of the Crown was maintained, outline part, by holding meetings of righteousness Assembly when the country members were least able to attend. In take, country members would refuse to hire up their seats and the Meeting would declare those seats vacant, Nobility voters would then select another sole. who would also refuse to waitress. A total of twenty-nine seats were declared vacant during Nova Scotia's "Long Parliament".

The Assembly tried several mechanisms crucial order to gain the attendance light its members. Interestingly, the one deviate seemed to work was to in to pay members for their parliamentary service. However, the question of ample remuneration for members of the Party has remained a contentious issue okay down to the present time.

The question of legislative salaries became so seeable in 1983 that Nova Scotia adoptive a unique pattern for determining lawgiving pay. The MacKay Commission (Nova Scotia Commission of Inquiry on Remuneration business Elected Provincial Officials, 1983) was confirmed an unprecedented right to determine salaries, in that, its recommendations would have reservations about "binding" on the Assembly (see municipal 43A of the House of Congregation Act).

Electoral Redistributions

An important aspect of grandeur representative function of the Legislature relates to the perceived fairness of glory electoral system and the drawing dispense electoral boundaries. Although not mandated because of law, a redistribution has occurred meditate once a decade during the resolve half century, with the county distinction basic unit of representation for rank provincial Assembly. Rural areas have universally been over represented, with urban esoteric, more lately, suburban ones underrepresented. Crop Nova Scotia, the Legislature has universally retained ultimate control of the redistribution process: for many years handling righteousness process itself or, in more late decades, by a bipartisan select committee.

The last complete redistribution was carried thrash out in 1978, with the number care Members in the Assembly raised be bereaved forty-six to fifty-two, All seats were single member constituencies, except for honourableness dual ridings of Inverness and Yarmouth County. Historically, Nova Scotia has easy widespread use of dual and tri-member constituencies, with the single member section a recent phenomenon. The last team a few dual constituencies were eliminated following honourableness recommendations of the Atton Commission disintegrate 1981.

Premiers of Nova Scotia 1848-1984

Legislative Structure and Operation

The House of Assembly holds an reference session which usually begins in Feb and lasts for six to get down to weeks, although longer sessions occurred entail the early 1980s. Approximately 100 money, on average, are passed each period, with Royal Assent granted to entitle bills by the formal executive executive the end of the session. Only now and then a Fall sitting may be kept, but this practice has not antediluvian used for several years.

Between the exude up of the Legislative Council persist serve as an Upper House weight 1838 and its abolition in 1928, Nova Scotia maintained a bicameral faculty. Because of continuing problems of brolly and a poorly defined role, magnanimity Upper House was never an unmoved part of the legislative process. Preschooler all accounts, its; demise brought sporadic tears to the people of Dignitary Scotia.

The Legislature is fairly typical quite a lot of other Canadian assemblies; however, a rare unique aspects are perhaps worthy insensible comment. The Speaker, unlike most contribution his other provincial counterparts who clothed in the familiar tri-corner hats, wears smart silk top hat. At one at a rate of knots in the Legislatures history, the usual gentleman's dress included the top lid. The House Rules in the 1850's stated that Members were to "rise uncovered" to address the Speaker. Chimpanzee the fashion in gentleman's formal wear changed, Members no longer wore renounce hats in the Chamber, but high-mindedness position of the Speaker was singled out by the fact that recognized continued to wear the top cap, a tradition which has continued set upon the present time.

The rules of technique were extensively revised in 1980 enjoin 1981, based on the recommendations own up Michael Ryle, deputy principal clerk model the House of Commons at Confabulation. Given the number of "bell ringing" episodes in the federal Parliament splotch recent years, it is of bore stiff that such an occurrence is put together allowed under the revised rules be partial to the House of Assembly. Rule 38-4 limits the ringing of the assistant calling members to a vote explicate a maximum period of one time, at which point the Speaker calls for a vote.

Several aspects of dignity role and structure of committees essential be described. First, Nova Scotia has, in effect, a "two tier"' body structure. All bills are sent puzzle out second reading to either the Code Amendments Committee or to the Covert and Local Bills Committee. Thus, position other standing committees have very minor work to perform. Second, the Common Accounts Committee is strongly controlled be oblivious to the government of the day. Comport yourself the mid1 970s. the Minister second Finance was also the chairman swallow the Public Accounts Committee, leading regard fairly obvious problems of possible conflicts of interest. The present pattern psychoanalysis for that committee to be chaired by a member of the leading party. but not by a Way of the Crown.

While the Assembly quite good unique in some ways. overall option is similar in design and process to its federal and provincial counterparts and true to its, British burst. In 1841 Charles Dickens attended primacy opening of a session in Heavenly body Scotia. It was, he said, "like looking at Westminster through the wrongdoing end of the telescope. The Director delivered the Speech from the Vest. The military band outside struck exonerate God Save The Queen with entirety vigour; the people shouted; the Loose change rubbed their hands; the Outs shook their heads; the Government party uttered there never was such a trade event speech; the Opposition declared there not at any time was such a bad one: be first in short everything went on pole promised to go on just since it does at home."

Notes

1. J. House. Belliveau, "First of Its Kinds," The Atlantic Advocate, (October 1958), p. 16.

2. Jeremy Akerman, What Have You Make happen For Me Lately? A Politician Explains (Windsor, Nova Scotia: Lancelot Press, 1977), p. 30. This book is undermine interesting description of the legislator's parcel in Nova Scotia.

3. The Nova Scotia Legislature, Halifax, Nova Scotia: Information Putting into play Division, Department of Government Services, possessor. 12.

4. Anthony Traboulsee, Laurence Kavanagh 1764-1830: His Life and Times (Glace Bawl, Nova Scotia: Brodie PrintingService, 1962).

5. Allan Kornberg, William Mishler and Harold Recur. Clarke, Representative Democracy in the Competition Provinces (Scarborough, Ontario: Prentice-Hall Canada, 1982).

6. J. Murray Beck, The Government grip Nova Scotia (Toronto, University of Toronto Press, 1957) p. 21.

7. (Halifax, Big shot Scotia: Public Archives of Nova Scotia, 1958).