Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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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:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

CHAP. ITI] JUDICIAL APPEALS 1361 appeal lies as of right from the Supreme Court of Canada, although legally such appeal could be allowed under the Act of 1844 1 —permitting a defeated party who has chosen bo go to the Supreme Court first to appeal to the Privy Council. On the other hand, a party who has been taken bo the Supreme Court and defeated there will more readily be allowed an appeal to the Privy Council. But in the case of the Commonwealth and Canada alike it has been laid down by the Privy Council that appeals will only be allowed where the case is of gravity, involving matters of public interest or some important question of law as affecting property of sonsiderable amount, or where the case is otherwise of some public importance or of a very substantial character.? Nor will the Privy Council allow appeals where the judgement appears to be plainly right, or at least not to be attended with serious doubt, or for an abstract question? As a result of the Colonial Conference * of 1907 important simplifications have been made in the procedure of the Courts. The fifth resolution arrived at by the Colonial Conference on the subject of judicial appeals was to the effect— (1) That it is expedient that the practice and procedure of the Judicial Committee of the Privy Council should be definitely laid down in the form of a code of rules and regulations. (2) That in the codification of the rules regard should be had to the necessity for the removal of anachronisms and anomalies, the possibility of the curtailment of expense, and the desirability of the establishment of courses of procedure which would minimize delavs. * Not 80 in Australia or the Union, where the exclusion of other appeals "ests on an Imperial Act, whereas in Canada it rests only on a Dominion Act. * Ct. Daily Telegraph Newspaper v. McLaughlin, [1904] A. C. 777. Cf Prince v. Gagnon, 8 App. Cas. 103; Carter v. Molson, ibid., 530; Clergue v. Murray, ex parte Clergue, [1903], A. C. 521; Canadian Pacific Railway Co. v. Blair, [1904] A. C. 453: Victorian Railway Commissioners v. Brown, [1906] A. C. 381. * Rex v. Louw, [1904] A. C. 412. * Parl. Pap., Cd. 3523, pp. 200 seq. The views of the Dominions are riven in Cd. 3521, pp. 179 seq. The subsequent correspondence is in Cd. 5273, pp. 26-41. The practice is given in Safford and Wheeler.

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