A Model of Parliamentary Government Designed to Prevent the Abuse of Power

Following the insurrections of British Upper Canada and French Lower Canada against their abusive colonial governments, they were united in 1840 under one government to form the Province of Canada. Both were entitled to the same number of representatives in their united legislature. The people were determined to set up a government that would be accountable for its exercise of the powers of the state. What they achieved was an almost perfectly balanced, self-correcting, federal system guaranteeing the rule of government in accordance with the well-understood wishes and interests of the people. It was characterized by a coalition government formed and directed by two prime ministers who were the leaders of Upper and Lower Canada sitting in the Governor’s council as his chief advisers. This political structure harnessed the human nature of those in power to align their ambitions with those of the people. An injustice requiring constitutional reform arose due to the operation of this responsible federalism within a unitary state. This paper examines the checks and balances naturally arising in its operation and the viability of its renewal within the constitutionally balanced bicameral parliament proposed by Canada’s Fathers of Confederation. Though this proposal was never implemented, the efficient, harmonious, and stable means it provides to conciliate diversity with unity in a federal community calls for further study.