cuap. mr] REPUGNANCY OF COLONIAL LAWS 4109
He possessed, under that law, a statutory right to trial before
a judge and a jury of twelve, with a right of challenging
thirty-five ; and, moreover, it was argued that the Act was
hot necessary for peace, order, or good government. Tt was
also argued that the Canadian Act of 1880 had not been fully
complied with, as the evidence had been taken in shorthand
and not in writing.
The decision of the Court, which was delivered by Lord
Halsbury, was unfavourable to the contention on behalf of
Riel. It was pointed out that the Imperial Statute of 34 & 35
Viet. c. 28 provided that the Parliament of Canada might
from time to time make provision for the administration,
Peace, order, and good government of any territory not for
the time being included in any province. It could not be
held that because the provisions made by the Canadian
Parliament differed from the provisions made in England
they were not provisions for peace, order, and good govern-
ment, nor was it open to a Court to substitute its own
opinion as to whether any particular enactment was calcu-
lated as a matter of fact and good policy to secure peace,
order, and good government for the decision of the Legis-
lature. The Privy Council also dismissed the objection taken
as to the use of shorthand instead of ordinary writing.
It is true that in the judgement no special mention is made
of the fact that Imperial Statutes had formerly regulated
judicial proceedings in the North-West Territories before
they were merged with Canada. The reason for this was that
8. 5 of the Rupert’s Land Act, 1868 (31 & 32 Vict. o. 105),
which was referred to in the discussion, and which was before
the Court, expressly provides that from the date on which
Rupert’s Land was admitted to become part of the Dominion
of Canada it should be lawful for the Parliament of Canada,
to make within the land and territory so admitted all such
laws, institutions, and ordinances, and to constitute such
Courts and officers as might be necessary for the peace, order,
and good government of Her Majesty’s subjects and others
therein ; provided that until otherwise enacted by the said
Parliament of Canada all the powers, authorities, and juris-
re?
