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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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

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?

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