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Updated: May 25, 2025
The Roman Catholic minority then availed themselves of another provision of the twenty-second section of the Manitoba act, which allows an appeal to the governor-in-council "from any act or decision of the legislature of the province or of any provincial authority, affecting any right or privilege of the Protestant or Roman Catholic minority of the Queen's subjects in relation to education."
The ultimate result of this reference was a judgment of the judicial committee to the effect that the appeal was well founded and that the governor-in-council had jurisdiction in the premises, but the committee added that "the particular course to be pursued must be determined by the authorities to whom it has been committed by the statute."
The Governor-in-Council was to have, on the other hand, within his narrower sphere, powers similar to those retained by the Viceroy for overriding the Provincial Legislature in extreme cases of conflict.
During nine years the governor-in-council carried on the government without an assembly, and passed a number of ordinances, some of which imposed duties on trade for the purpose of raising revenue.
The Lords of the Judicial Committee, before whom the case was heard in June and July, 1846, reported that in their opinion the Governor-in-Council had power in law to amove Mr. Willis, and that the facts were sufficient to justify his amoval, but that an opportunity ought to have been afforded him of being previously heard.
The Provincial Government would thus itself be divided into two compartments: in the one the Governor-in-Council, responsible as heretofore to the Government of India and to the Secretary of State, i.e. the British Parliament; in the other the Governor but not "in Council" acting with Indian Ministers responsible to an Indian legislature.
During the first thirty-five years of the Province's history grants of land were entirely subject to the discretion of the Governor-in-Council, not merely as to the quantity and situation of the land itself, but also as to whether the applicant should receive any grant at all.
The governor-in-council constituted a court of error in certain cases, and from its decisions an appeal could be made to the king-in-council. Justices of peace were also appointed in the counties and townships, with jurisdiction over the collection of small debts.
The third subsection of the twenty-second section of the Manitoba act a repetition of the provision of the British North America act with respect to denominational schools in the old provinces provides not only for the action of the governor-in-council in case a remedy is not supplied by the proper provincial authority for the removal of a grievance on the part of a religious minority, but also for the making of "remedial laws" by the parliament of Canada for the "due execution" of the provision protecting denominational schools.
Of future sales, the Church of England would receive one-third and the Church of Scotland one-sixth, while the residue could be applied by the governor-in-council "for purposes of public worship and religious instruction in Canada," in other words, that it should be divided among those other religious denominations that might make application at any time for a share in these particular funds.
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