Frank Lindsay Bastedo
Encyclopedia
Frank Lindsay Bastedo was the 11th Lieutenant Governor of Saskatchewan
. He is notable for being one of the few Canadian vice-regal representatives to refuse to give royal assent
to a legislative bill
.
Bastedo earned his law degree from the University of Toronto
in 1909. He moved to Regina
two years later to join a law firm there. He was appointed King's Counsel in 1927.
A Conservative by party, he headed Regina's Conservative Association from 1921 to 1924 but did not seek the party's nomination for elected office.
Bastedo was appointed lieutenant-governor on the advice of Progressive Conservative
Prime Minister
John Diefenbaker
in 1958.
The lieutenant-governor, like the Governor-General of Canada is a largely ceremonial position, however, as the Queen
's representative he does have rarely used reserve power
s to veto legislation. Bastedo employed the little-used power to reserve a bill (that is, withhold assent and send the bill to the Governor General of Canada
who would grant assent only if the federal Cabinet
agrees) proposed by Saskatchewan's Co-operative Commonwealth Federation
government of Woodrow Lloyd in 1961. This was the first time a lieutenant-governor had refused royal assent in Canada since 1937 when Lieutenant-Governor of Alberta John C. Bowen
reserved three bills proposed by the Social Credit
government of William Aberhart
as unconstitutional.
The measure in question, Bill 56, was entitled An Act to Provide for the Alteration of Certain Mineral Contracts. Bastedo issued a statement that "this is a very important bill affecting hundreds of mineral contracts. It raises implications which throw grave doubts of the legislation being in the public interest. There is grave doubt as to its validity." Bastedo's constitutional advisors, however, did not share his assessment and advised him to grant royal assent.
Bastedo had not consulted with the federal government before taking action. The Diefenbaker government passed an order-in-council
approving Bill 56.
The Bastedo incident is the last in Canada where a vice-regal representative refused royal assent.
Lieutenant Governor of Saskatchewan
The Lieutenant Governor of Saskatchewan is the viceregal representative in Saskatchewan of the Canadian monarch, Queen Elizabeth II, who operates distinctly within the province but is also shared equally with the ten other jurisdictions of Canada and resides predominantly in her oldest realm, the...
. He is notable for being one of the few Canadian vice-regal representatives to refuse to give royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
to a legislative bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
.
Bastedo earned his law degree from the University of Toronto
University of Toronto
The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...
in 1909. He moved to Regina
Regina, Saskatchewan
Regina is the capital city of the Canadian province of Saskatchewan. The city is the second-largest in the province and a cultural and commercial centre for southern Saskatchewan. It is governed by Regina City Council. Regina is the cathedral city of the Roman Catholic and Romanian Orthodox...
two years later to join a law firm there. He was appointed King's Counsel in 1927.
A Conservative by party, he headed Regina's Conservative Association from 1921 to 1924 but did not seek the party's nomination for elected office.
Bastedo was appointed lieutenant-governor on the advice of Progressive Conservative
Progressive Conservative Party of Canada
The Progressive Conservative Party of Canada was a Canadian political party with a centre-right stance on economic issues and, after the 1970s, a centrist stance on social issues....
Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
John Diefenbaker
John Diefenbaker
John George Diefenbaker, PC, CH, QC was the 13th Prime Minister of Canada, serving from June 21, 1957, to April 22, 1963...
in 1958.
The lieutenant-governor, like the Governor-General of Canada is a largely ceremonial position, however, as the Queen
Queen regnant
A queen regnant is a female monarch who reigns in her own right, in contrast to a queen consort, who is the wife of a reigning king. An empress regnant is a female monarch who reigns in her own right over an empire....
's representative he does have rarely used reserve power
Reserve power
In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch of the government. Unlike a presidential system of government, the head of state is generally constrained by the cabinet or the...
s to veto legislation. Bastedo employed the little-used power to reserve a bill (that is, withhold assent and send the bill to the Governor General of Canada
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
who would grant assent only if the federal Cabinet
Cabinet of Canada
The Cabinet of Canada is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada...
agrees) proposed by Saskatchewan's Co-operative Commonwealth Federation
Saskatchewan New Democratic Party
The Saskatchewan New Democratic Party is a social-democratic political party in the Canadian province of Saskatchewan. It currently forms the official opposition, but has been a dominant force in Saskatchewan politics since the 1940s...
government of Woodrow Lloyd in 1961. This was the first time a lieutenant-governor had refused royal assent in Canada since 1937 when Lieutenant-Governor of Alberta John C. Bowen
John C. Bowen
John Campbell Bowen was a clergy man, insurance broker and long serving politician. He served as an Alderman in the City of Edmonton on the municipal level and then went on to serve as a member of the Legislative Assembly of Alberta from 1921 to 1926 sitting with the Liberal caucus in opposition...
reserved three bills proposed by the Social Credit
Social Credit Party of Alberta
The Alberta Social Credit Party is a provincial political party in Alberta, Canada, that was founded on the social credit monetary policy and conservative Christian social values....
government of William Aberhart
William Aberhart
William Aberhart , also known as Bible Bill for his outspoken Baptist views, was a Canadian politician and the seventh Premier of Alberta between 1935 and 1943. The Social Credit party believed the reason for the depression was that people did not have enough money to spend, so the government...
as unconstitutional.
The measure in question, Bill 56, was entitled An Act to Provide for the Alteration of Certain Mineral Contracts. Bastedo issued a statement that "this is a very important bill affecting hundreds of mineral contracts. It raises implications which throw grave doubts of the legislation being in the public interest. There is grave doubt as to its validity." Bastedo's constitutional advisors, however, did not share his assessment and advised him to grant royal assent.
Bastedo had not consulted with the federal government before taking action. The Diefenbaker government passed an order-in-council
Order-in-Council
An Order in Council is a type of legislation in many countries, typically those in the Commonwealth of Nations. In the United Kingdom this legislation is formally made in the name of the Queen by the Privy Council , but in other countries the terminology may vary.-Assent:Although the Orders are...
approving Bill 56.
The Bastedo incident is the last in Canada where a vice-regal representative refused royal assent.