Canada. Governor General : To trace the development of the functions of the governor from the inauguration of British rule in Canada to the present day would be to write a history of constitutional development in Canada. The comments which follow are meant only to place in context the role of the governor within state administration, first in the period from the beginning of British rule up to Confederation, and then in the years following 1867.
From the date of his swearing the oath of office, each colonial governor exercised the civil powers delegated to him by a Commission from the Monarch, in accordance with the accompanying Royal Instructions and such supplementary instructions as were received formally or through despatches from the Secretary of State responsible for colonial affairs. From 1763 to 1791, the Commission was issued to the Captain General and Governor in Chief of Quebec. From 1786 until Confederation, the Governor-in-Chief of Quebec or Lower Canada held separate Commissions authorizing him to administer the other provinces of British North America, but in fact the Lieutenant Governors appointed to administer those provinces exercised the office of governor and fulfilled the Royal Instructions for their respective jurisdictions. While Lord Durham and his successors held the Commission of Governor General of the provinces of British North America, they operated under their Commissions as Governor-in-Chief of Lower Canada, or of the Province of Canada.
In the absence of the Governor or Lieutenant Governor, the senior member of the Executive Council or the senior military officer commanding in the province assumed the office of Administrator (or President), pursuant to the Royal Instructions. The governor's Commission and Instructions provided directives regarding the line of succession to be followed.
In addition to their civil powers, the governors held, by their Commissions, certain military powers with the title of Captain General. However, supreme military authority was vested in the Commander of the Forces for British North America. In some instances, the same individual occupied both roles. However, whether such was the case or not, the governor was always closely concerned with military affairs. For those governors who also served as Commander of the Forces, it was possible to visit other provinces without supplanting the Lieutenant Governor in the civil administration by the expedient of making the visit in their military capacity. Jurisdiction in maritime matters was provided to the governors by a Commission of Vice Admiralty. Within that jurisdiction came trials for piracy and other crimes on the high seas.
As a representative of the Crown in and for the colonies of British North America, each Governor or Lieutenant Governor also undertook certain responsibilities for external relations. The office of the governor, together with the Colonial Office and the Foreign Office formed the channel for correspondence with foreign governments. While diplomatic negotiations were conducted by officers of the British Foreign Office, on occasion the governor was called upon to act as a quasi-diplomatic agent of the colonial government. There was a continual exchange of views and information between the British Minister at Washington and the governors in British North America on subjects concerning relations with the United States.
The first colonial governors appointed under the British regime, as the representatives of the Crown, nominated by the British Government, exercised prerogative powers to decide on matters in virtually every sphere of civil administration. Before the principle of responsible government was accorded general acceptance, however, few decisions were made on important matters until the governor had referred the subject to the Colonial Office for advice and instructions. As a consequence, the governors during this period carried on a voluminous exchange of information and advice with the British colonial authorities concerning events which were transpiring in British North America.
With the coming of responsible government in the British North American colonies, the tone and volume of the governor's correspondence with the Colonial Office began gradually to change. Matters which were considered as being entirely within the domestic sphere were generally reported in much less detail than in the earlier years. It should be noted, however, that there was no rigid dividing line and the governor was expected to keep the British Government well informed on all events which had real or potential Imperial implications.
The functions of the staff within the office of the governor are also reflected in the records found in this fonds. While a governor communicated with colleagues in other jurisdictions and with senior officials in his own name, letters and petitions from individuals (even when addressed to the governor) were responded to by the Secretaries on his behalf. Matters relating to the civil administration of the province were handled by the Civil Secretary and those relating to military affairs by the Military Secretary. The superintendence of Indian affairs was at various times classed as a matter of civil or military administration. Distinctions among the responsibilities of various offices are often not readily apparent. While the Private Secretary was on the personal staff of the governor, the Civil Secretary was part of the permanent staff of the province, although on occasion one individual held both offices. Continuity of operations was provided by the Civil and Military Secretaries remaining in office while governor succeeded governor.
At Confederation in 1867, the British North Amercia Act (Section 12) consolidated the reserve powers of the British Crown in Canada and specified that these powers should be exercised by the Governor General of the new Dominion of Canada: "All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia or New Brunswick, are at the Union vested in or exerciseable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice, or with the Advice and Consent, of the respective Executive Councils thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exerciseable by the Governor General, with the Advice or with the Advice and Consent of or in conjunction with the Queen's Privy Council for Canada, or any Member thereof, or by the Governor General individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada." (Elmer Dreidger, A Consolidation of the British North America Acts, 1867-1965, Department of Justice, Ottawa, 1967).
Before that time, these Crown prerogatives had been transferred to the colonies at various times by Letters Patent, governor's Instructions and Commission. From 1867 to the present, events and legislation have tended towards an increasing Canadianization of the Office of the Governor General. Immediately following Confederation, until 1878, the position of the Governor General continued to be based on convention. The Governor General's Instructions, which required him to refer bills concerning a variety of matters including, among other matters, legal tender, control of the military, and divorce to Britain for decision or consent, remained in force.
In 1878, Letters Patent established the Office of the Governor General, and removed his obligation to refer such matters to Britain. The Governor General continued to function as both a representative of the government of the United Kingdom and the representative of the sovereign until the Imperial Conference of 1926. At that point, the Governor General ceased to represent the British government in Canada, and ceased to report to a member of the British Cabinet. Thereafter, the Governor General reported directly to the sovereign.
In 1947 new Letters Patent delegated all the monarch's powers in Canada to the Governor General although, as Smith notes, it was not until the 1970s that the Governor General exercised this prerogative in all areas related to international relations. Subsequent attempts to reform the constitutional role of the Governor General, most notably Bill C-60, which was introduced in 1978 (but did not become law), continued to reflect the trend towards Canadianization of the role of the Governor General. (Source: David E. Smith, The Invisible Crown, University of Toronto Press, 1995, pp. 33, 40).
