Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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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:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

CHAP. 1] THE DOMINION OF CANADA 701 appoint police magistrates and justices of the peace :1 but it cannot authorize the Lieutenant-Governor to remove County Court judges, or to abolish a court existing before 1867 for the trial of such judges? It can continue an Act of 1865 authorizing the Governor to appoint police magis- trates, although a Dominion Act of 1868 authorizes the Governor-General to make such appointments? It was also held in another case that the prerogative power of the Crown to create courts of oyer and terminer and jail delivery remains, as neither Legislature nor Parliament had legislated.* Repeated attempts have been made by the provinces to intrude on the sphere of Dominion powers in these matters, but without success.® On the other hand, it has been held that various minor courts are within the provincial competence to create and maintain—e.g. Courts of Commission in New Brunswick under the Act 39 Viet. c.5,% or Division Courts in Ontario.” In these cases extra powers were conferred on County Court judges. In Nova Scotia an Act, 60 Vict. ¢. 2, imposed fresh duties on judges of Probate or County Court judges without extra pay: the Act was protested against by a judge, but held intra vires * R.v. Bennett, 1 0. R. 445; 2 Cart. 634; cf. R. v. Horner, 2 Steph. Dig. 450; 2 Cart. 317; Reg. v. Bush, 15 0. R. 398; 4 Cart. 690 ; Richardson v. Ransom, 10 0. R. 387; 4 Cart. 630. A Provincial Legislature can regulate the districts and jurisdiction of the magistrates; see In re County Courts of British Columbin, 21 8. (. R. 446: 2 B. C. 53: Lefroy, op. cit., pp. 524, 525, * Re Squier, 46 U. C. Q. B. 474; 1 Cart. 789. ® R.v. Reno and Anderson, 4 O. P. R. 281; 1 Cart. 810. * R.v. Amer, 42 U. C. Q. B. 391; 1 Cart. 722. This decision has been held to be of very doubtful validity, but it seems correct. } ¥ See Quebec Act 51 & 52 Viet. c. 20, for appointment of district magis- brates disallowed on January 22, 1889 ; Canada Sess. Pap., 1889, No. 47; of. Lefroy, Legislative Power in Canada, pp. 141 seq.; 5 Edw. VIL c. 18. British Columbia disallowed ; see Provincial Legislation, 1904-6, p. 155. * Ganong v. Bayley, 1 P. and B. 324; 2 Cart. 508 ; see Lefroy, op. cit., pp. 69, 70, 169, 170, where Sir J. Thompson criticizes the case; and p. 176, where he suggests that justices of the peace can only be appointed by Provincial Legislatures for provincial offences. ! Wilson v. McGuire. 2 O. R. 118: 2 Cart. 665: see Lefroy, pp. 522 seq.

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