Lieutenant Governor (Canada)
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The offices have their roots in the 16th and 17th century colonial governors of New France and British North America, though the present incarnations of the positions emerged with Canadian Confederation and the British North America Act in 1867, which defined the viceregal offices as the "Lieutenant Governor of the Province acting by and with the Advice the Executive Council thereof."[2] The posts still ultimately represented the government of Canada (that is, the Governor-General-in-Council) until the ruling in 1882 of the Lord Watson of the Judicial Committee of the Privy Council in the case of Maritime Bank v. Receiver-General of New Brunswick,[3] whereafter the lieutenant governors were recognized as the direct representatives of the monarch.[4][5][6] The Constitution Act, 1982 provides that any constitutional amendment that affects the office of the lieutenant governor requires the unanimous consent of each provincial Legislative Assembly as well as the House of Commons and the Senate.
History
The position of lieutenant governor has existed in Canada since before Confederation in 1867. In 1786, the post of Governor-in-Chief of British North America was created as a central viceregal office overseeing the British colonies of Prince Edward Island, Nova Scotia, New Brunswick, and the Province of Quebec, whose governors then became lieutenant governors, though that of Quebec was occupied simultaneously by the governor-in-chief. This structure remained in place until the partitioning in 1791 of the Province of Quebec into Upper Canada and Lower Canada, which then each had an office of lieutenant governor. The Governor in chief continued to be the lieutenant governor of Lower Canada.
In 1867, when Canada was created as a federal state, it had four provinces, each with their own lieutenant governor. Under the
Beginning immediately after confederation, the
Selection and appointments
Unlike the federal viceroy, the Canadian lieutenant-governors have been since 1867, if not Canadian-born, at least long-time residents of Canada and not of the
The lieutenant-governors are appointed by the Governor General of Canada on the advice of the prime minister. There is no constitutional requirement or consistent practice for the Prime Minister to consult with the province's premier on the appointment of the lieutenant governor.[20][21]
Besides the administration of the oaths of office, there is no set formula for the swearing-in of a lieutenant-governor-designate. Though there may therefore be variations to the following, the appointee will generally travel to the legislative assembly building in the provincial capital, where a
Though incumbents are constitutionally mandated to serve for at least five years, unless the federal parliament agrees to remove the individual from office,[25] the lieutenant-governors still technically act at the governor general's pleasure,[26] meaning the prime minister may recommend to the governor general that a lieutenant governor remain in the Crown's service for a longer period of time, sometimes upwards of more than ten years.[n 3] A lieutenant governor may also resign[n 4] and some have died in office.[n 5]
The governor general also has the power to appoint a person as "administrator", to act in the place of a lieutenant-governor who is unable to act, for example due to illness or absence from the province.[27] Since 1953, the practice has been that the chief justice of the province has a standing appointment to act as administrator. If the position of lieutenant governor is vacant, for example due to the death of the lieutenant governor, the administrator is not able to act until a new lieutenant governor is appointed.[28][29][30][31]
This situation arose in Saskatchewan in 1978, when the Lieutenant Governor, George Porteous, died suddenly on February 6, 1978. The administrator, Chief Justice Culliton, declined to exercise any powers of the Lieutenant-Governor, on the basis that he had no power to act when the office was vacant. The federal Department of Justice and the Prime Minister's Office took the same position.[32] As a result, the Saskatchewan Government could not recall the prorogued Legislative Assembly, nor pass any orders-in-council to proclaim statutes in force, pass regulations, or exercise any other statutory powers requiring an order-in-council. This situation lasted until the federal government appointed Porteous's successor, Irwin McIntosh, on February 22, 1978.[33]
Role
As the Canadian monarch is shared equally amongst the ten provinces of Canada, as well as the federal realm, and the sovereign lives outside Canada's borders, a lieutenant governors' primary task is to perform the sovereign's constitutional duties on his or her behalf, acting within the principles of
For the most part, the powers of the Crown are exercised on a day-to-day basis by elected and appointed individuals, leaving the lieutenant-governors to perform the various ceremonial duties the sovereign otherwise carries out when in the country; at such a moment, a lieutenant-governor will decrease his or her public appearances, though the presence of the monarch does not undermine any lieutenant-governor's ability to perform governmental roles.[37]
Constitutional
Though the monarch retains all
The lieutenant-governor alone is also constitutionally mandated to summon the legislature.[49] Beyond that, the viceroy carries out the other conventional parliamentary duties in the sovereign's stead, including reading the Speech From the Throne and proroguing and dissolving parliament. The lieutenant-governor also grants royal assent in the King's name; legally, granting royal assent (making the bill law), withholding royal assent (vetoing the bill), or reserving the bill for the signification of the governor general's pleasure.[50] If the governor general withholds royal assent, the sovereign may within two years disallow the bill, thereby annulling the law in question.
R. MacGregor Dawson opined that, following Confederation, the lieutenant-governors diverged from the governor general in that they continued to demonstrate a power independent of the Cabinet and parliament; lieutenant-governors had variously dismissed governments, refused the advice of ministers, and insisted on the creation of
Ceremonial
With most constitutional functions lent to cabinet, a lieutenant governor acts in a primarily ceremonial fashion, carrying out some of the ritual duties normally associated with heads of state and thus symbolizing the sovereignty of the provinces within confederation.[54] The provincial viceroys have been said to be, outside of Quebec, "a focus of community ideals and a reinforcement of provincial identity."[55]
The lieutenant governor hosts members of the
The viceroys themselves also offer awards, such as the Lieutenant Governor's Award for Outstanding Service to Rural Saskatchewan, the Lieutenant Governor's Nova Scotia Talent Trust Award, and the Lieutenant Governor's Award for Excellence in Architecture, awarded in
Symbols and protocol
As the personal representative of the monarch, a lieutenant-governor follows only the sovereign in the province's
Traditionally, lieutenant governors were entitled to wear first-class court uniform.[61] Today, the practice continues in some provinces, such as Nova Scotia, Alberta, and British Columbia. Since 1999, lieutenant-governors have been entitled to wear a special badge of office.[61]
Per the orders' constitutions, the lieutenant-governors, except for that of Quebec, serve as the chancellor of their province's
The
Incumbents
Lieutenant governors
Province | Name | Assumed office | Appointed by | Appointed on the advice of |
---|---|---|---|---|
Ontario | Edith Dumont | November 14, 2023 | Mary Simon | Justin Trudeau |
Quebec | Manon Jeannotte | January 25, 2024 | Mary Simon | Justin Trudeau |
Nova Scotia | Arthur LeBlanc | June 28, 2017 | David Johnston | Justin Trudeau |
New Brunswick | Brenda Murphy | September 8, 2019 | Julie Payette | Justin Trudeau |
Manitoba | Anita Neville | October 24, 2022 | Mary Simon | Justin Trudeau |
British Columbia | Janet Austin | April 24, 2018 | Julie Payette | Justin Trudeau |
Prince Edward Island | Antoinette Perry | October 20, 2017 | Julie Payette | Justin Trudeau |
Saskatchewan | Russell Mirasty | July 17, 2019 | Julie Payette | Justin Trudeau |
Alberta | Salma Lakhani | August 26, 2020 | Julie Payette | Justin Trudeau |
Newfoundland and Labrador | Joan Marie Aylward | November 14, 2023 | Mary Simon | Justin Trudeau |
Commissioners
Territory | Name | Assumed office | Appointed by |
---|---|---|---|
Northwest Territories | Margaret Thom | September 18, 2017 | Governor in Council |
Yukon | Adeline Webber | May 31, 2023 | Governor in Council |
Nunavut | Eva Aariak | January 14, 2021 | Governor in Council |
Spelling
In the Canadian context, there are numerous, and not mutually agreeable, notions regarding hyphenation and capitalization of the position title. Various acts in the Canadian constitution and numerous provincial websites typically indicate Lieutenant Governor of [Province] (upper case and no hyphen), likely due to the primacy of those positions in their respective jurisdictions. The Canadian Style indicates Lieutenant-Governor (upper case with hyphen),[73] though lieutenant-governors (lower case and hyphenated) when pluralized.[74] The Guide to Canadian English Usage equivocates somewhat, indicating upper case only when used in and associated with a specific provincial lieutenant governor or name (e.g., Lieutenant-Governor Lincoln Alexander), not generally, and varied use.[75] In French, the term is always hyphenated, and varies slightly by gender. Also, as governor is the main noun in the title, it is the word that is pluralized; thus, it is lieutenant governors, rather than lieutenants governor.
See also
- Commissioner § Canadian territories
- Governors of the Australian states
- Lieutenant governor (United States)
Explanatory notes
- Commission Governor of Newfoundland became in 1949, through the Newfoundland Act, the Lieutenant Governor of Newfoundland.[11]
- Manitoba Act,[13] the office of the Lieutenant Governor of Alberta was created in 1905 by the Alberta Act,[14] and the office of the Lieutenant Governor of Saskatchewan was created in 1905 by the Saskatchewan Act.[15]
- ^ Robert Brett acted as Lieutenant Governor of Alberta between 1915 and 1925 and Lise Thibault served as Lieutenant Governor of Quebec from 1997 to 2007.
- ^ Lieutenant Governor of Quebec Jean-Louis Roux resigned the viceregal post in 1997 due to controversy.
- ^ For example, Lieutenant Governor of Alberta Lois Hole died of cancer on 6 January 2005, and Lieutenant Governors of Nova Scotia Frank Stanfield and David MacKeen died on 25 September 1931 and 13 November 1916, respectively. Further, Lieutenant Governor of Quebec Paul Comtois died in the fire that destroyed the province's viceregal residence on 21 February 1966.
- Queen's Privy Council for Canada.
- Social Credit government on the grounds that they were unconstitutional,[51] and Lieutenant Governor of Saskatchewan Frank Lindsay Bastedo in 1961 reserved Royal Assent to the Mineral Contracts Alteration Act, passing it on, instead, to the Governor General for consideration.[52]
- ^ For example, Lieutenant Governor of Ontario David Onley represented the Queen and Canada at the 2008 Summer Paralympics opening ceremony in Beijing, China.[56]
Citations
- ^ Victoria (29 March 1867). "Constitution Act, 1867". The Solon Law Archive. V.58. Retrieved 15 January 2009.
- ^ Victoria 1867, V.66
- ^ ISBN 9780802070418.
- ^ a b Kenney, Jason (23 April 2007). "Speeches – 2007: The Honourable Jason Kenney: Lieutenant Governors Meeting Regina, Saskatchewan". Canadian Heritage. Archived from the original on 11 June 2011. Retrieved 14 May 2009.
- ISBN 0-8020-7793-5.
- ^ a b Watson, William (1892). "Maritime Bank v. Receiver-General of New Brunswick". Written at London. In Jackson, Michael (ed.). Golden Jubilee and Provincial Crown (PDF). Vol. 7. Toronto: Monarchist League of Canada (published 2003). p. 6. Retrieved 11 June 2009.
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ignored (help)[dead link] - ^ Victoria 1867, V.64
- ^ a b Victoria 1867, V.63
- Victoria (16 May 1871). "British Columbia Terms of Union". The Solon Law Archive. 10. Retrieved 16 June 2009.
- Victoria (26 June 1873). "Prince Edward Island Terms of Union". The Solon Law Archive. Schedule. Retrieved 16 June 2009.
- George VI (23 March 1949). "Newfoundland Act". The Solon Law Archive. 8.1. Retrieved 16 June 2009.
- ^ Legislative Assembly of Alberta. "Public Information > Lieutenant Governors > The Lieutenant Governor of the Northwest Territories". Queen's Printer for Alberta. Retrieved 23 June 2009.
- Victoria (12 May 1870). "Manitoba Act, 1870". The Solon Law Archive. 6. Retrieved 16 June 2009.
- Edward VII (20 July 1905). "Alberta Act". The Solon Law Archive. 10. Retrieved 16 June 2009.
- Edward VII (20 July 1905). "Saskatchewan Act". The Solon Law Archive. 10. Retrieved 16 June 2009.
- ^ Jackson, Michael D. (2003). "Golden Jubilee and Provincial Crown" (PDF). Canadian Monarchist News. 7 (3). Toronto: Monarchist League of Canada: 6. Retrieved 11 June 2009.[dead link]
- ^ McInnis 1947, p. 291
- ^ Donovan, David (2009), The Governor General and Lieutenant Governors: Canada's Misunderstood Viceroys (PDF), Canadian Political Science Association, p. 3, retrieved 29 January 2013
- ISBN 978-0-662-46012-1
- ^ D. Michael Jackson. The Crown and Canadian Federalism. p. 127.
- ^ "The Manual of Official Procedure of the Government of Canada" (PDF).
- ^ Victoria 1867, V.61
- ISBN 1-4120-5317-X.
- ISBN 978-1-4120-5317-4.
- ^ Victoria 1867, V.59
- ^ "Proclamation" (PDF). Canada Gazette. Vol. 139, no. 8. 27 September 2005. p. 1. Retrieved 2 June 2009.
- ^ Victoria 1867, V.67
- ^ John T. Saywell, The Office of the Lieutenant-Governor, (revised edition (Toronto: Copp, Clark Pitman, 1986)), p. 170, citing papers in the Department of State, Ottawa.
- ^ Office of the Lieutenant Governor of Ontario. "Protocol and Ceremony > Administrator". Queen's Printer for Ontario. Archived from the original on 12 June 2011. Retrieved 17 June 2009.
- ^ Office of the Lieutenant Governor of Quebec. "Roles and Functions > Administrator of the Government". Éditeur officiel du Québec. Archived from the original on 12 October 2009. Retrieved 19 June 2009.
- ^ Legislative Assembly of Alberta. "Public Information > Lieutenant Governors > The Office of Lieutenant Governor". Queen's Printer for Alberta. Retrieved 23 June 2009.
- ^ Mike Doyle, "Porteous replacement likely soon", Star-Phoenix, Feb 8, 1978, p. 3.
- ^ Philippe Doré, Clerk of the Executive Council, "Saskatchewan: Lieutenant Governor's death causes constitutional problems", The Parliamentarian, LIX No 3, July 78, p. 176.
- ^ Roberts, Edward (2009). "Ensuring Constitutional Wisdom During Unconventional Times" (PDF). Canadian Parliamentary Review. 23 (1). Ottawa: Commonwealth Parliamentary Association: 15. Archived from the original (PDF) on 26 April 2012. Retrieved 21 May 2009.
- ISBN 978-0-662-46012-1.
- The McGill Law Journal. 42 (2). Montreal: McGill University: 288. Archived from the original(PDF) on 6 July 2011. Retrieved 3 March 2011.
- ^ Department of National Defence (1 April 1999). The Honours, Flags and Heritage Structure of the Canadian Forces (PDF). Ottawa: Queen's Printer for Canada. pp. 1A–3. A-AD-200-000/AG-000. Archived from the original (PDF) on 25 March 2009. Retrieved 23 May 2009.
- ^ Victoria 1867, III.9, IV.17
- ^ a b MacLeod 2008, p. 17
- ^ Victoria 1867, V
- ^ Victoria 1867, VII.96
- ISBN 1-55380-031-1.
- ^ Cox, Noel (September 2002). "Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence". Murdoch University Electronic Journal of Law. 9 (3). Perth: Murdoch University: 12. Retrieved 17 May 2009.
- ISBN 0-8020-6703-4.
monarchy canada.
- ISBN 0-662-39689-8. Archived from the original(PDF) on 25 March 2009. Retrieved 14 May 2009.
- ^ Library and Archives Canada. "Politics and Government > By Executive Decree > The Governor General". Queen's Printer for Canada. Archived from the original on 11 August 2009. Retrieved 18 May 2009.
- ^ Office of the Governor General of Canada. "Governor General of Canada: Role and Responsibilities of the Governor General". Queen's Printer for Canada. Archived from the original on 11 December 2007. Retrieved 18 May 2009.
- ^ ISBN 9781862877009.
- ^ Victoria 1867, V.1.82
- ^ Victoria 1867, IV.55
- ^ Speaker of the Legislative Assembly of Alberta, The Citizen's Guide to the Alberta Legislature (PDF), Queen's Printer for Alberta, p. 7, retrieved 29 July 2007
- ^ Jackson, Michael (2006). "Bastedo, Frank Lindsay (1886–1973)". The Encyclopedia of Saskatchewan. University of Regina. Archived from the original on 24 May 2013. Retrieved 18 May 2009.
- ISBN 978-0-333-23516-4.
- ^ Department of Canadian Heritage (2008), Canada: Symbols of Canada, Ottawa: Queen's Printer for Canada, p. 4, archived from the original on January 11, 2014
- ISBN 978-1-86287-700-9.
- ^ "Statement by the Prime Minister of Canada" (Press release). Queen's Printer for Canada. 26 August 2008. Archived from the original on 9 March 2010. Retrieved 8 March 2010.
- ^ Jackson, Michael (2009). "The Senior Realms of the Queen" (PDF). Canadian Monarchist News. Autumn 2009 (30). Toronto: Monarchist League of Canada: 9.
- ^ Department of Canadian Heritage (31 March 1998). "Performance Report" (PDF). Queen's Printer for Canada. Archived from the original (PDF) on 27 February 2008. Retrieved 14 August 2006.
- ^ "Heritage Services > Awards > Lieutenant Governor's Award for Outstanding Achievement in Heritage Conservation at the Provincial/Territorial Level". Heritage Canada Foundation. Archived from the original on 6 May 2009. Retrieved 15 June 2009.
- ^ Office of the Lieutenant Governor of Nova Scotia. "Government House > Vice-Regal and Commissioners' Commendation". Queen's Printer for Nova Scotia. Archived from the original on 29 January 2013. Retrieved 1 November 2012.
- ^ ISBN 9781459712249, retrieved 11 November 2015
- ^ McCreery 2008, p. 47
- ^ a b Department of Canadian Heritage. "Ceremonial and Canadian Symbols Promotion > Across Canada > Standards". Queen's Printer for Canada. Retrieved 19 June 2009.
- ^ Department of National Defence 1999, pp. 11–2
- ^ MacLeod 2008, p. 37
- ^ "Titles". Canadian Heritage. Government of Canada. Retrieved 28 February 2016.
- ^ "lieutenant-governor, Lt.-Gov., His/Her Honour, Honourable". Public Works and Government Services Canada. Government of Canada. Retrieved 28 February 2016.
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Works cited
- McInnis, Edgar (1947). Canada: A Political and Social History. New York and Toronto: Rinehart and Company, Inc. – via Internet Archive.