Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

418 PARLIAMENTS OF THE DOMINIONS [PART III The other case cited by Sir J. Thompson also does not really support his contention. It is that of Riel v. The Queen} decided in 1885 by the Judicial Committee. Sir J. Thompson summarizes the case as follows in paragraphs 38 and 39 of his report :— There had been three Imperial Statutes for the regulation of trial for offences in Rupert’s Land, since known as the North-West Territories of Canada. The Statutes of Canada made other provision inconsistent with these statutes, and the conviction of the prisoner had taken place under the Statutes of Canada. The Lords of the Judicial Committee declined to admit an appeal, entertaining no doubt as to the correct- ness of the conviction. But reference to the report of the case will show that the position was quite otherwise. Riel was tried for the crime of treason before a Stipendiary Magistrate and a Justice of the Peace, with the intervention of a jury of six persons, in the North-West Territories of the Dominion of Canada, and having been found guilty was sentenced to death. The Court of Queen’s Bench for the Province of Manitoba, on appeal, confirmed the sentence. The petitioner applied for special leave to appeal on the ground that the Stipendiary Magistrate and the Justice had no jurisdiction to try him for treason ; if they had, there were errors in procedure which vitiated the trial ; viz. there was no indictment preferred by a Grand Jury, no coroner’s inquisition, and the evidence was not taken down in writing as required by Statute. It was argued for the petitioner that the Statute under which he was tried (a Canadian Statute, 43 Vict. c. 25, 5. 76), made under the authority of the Imperial Act 34 & 35 Vict. c. 28, was ultra vires the Legislature. Treason was in a peculiar manner an offence against the State, and the Imperial Parliament could not have intended that the Dominion Parliament should legislate upon it to the extent of altering the statutory right of a man put upon his trial regarding it. The petitioner was entitled to all the rights which he possessed under English law unless they had been specially taken away. ' 10 App. Cas. 675.

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