762 THE FEDERATIONS AND THE UNION [PART 1v 
competent for the Legislature of Manitoba to set up a 
special jurisdiction, from the exercise of which there would 
lie no appeal to the Supreme Court. The attempt failed 
entirely, the Privy Council being clear that it was not possible 
for the Provincial Legislature to do anything which would 
have the effect of preventing appeals lying in all cases from 
the Provincial Court if the Dominion Parliament itself did 
not expressly limit the right of appeal : they pointed out that 
it was clear that if the claim put forward by the Manitoban 
Legislature were correct, it would be possible for the provinces, 
by legislation with regard to every subject within their 
provincial jurisdiction, to oust the Dominion Supreme Court 
entirely from its position as a Court of Appeal in provincial 
vases, an intention which was clearly counter to the intention 
of the British North America Act. 
The provinces have all Supreme Courts, which act also 
as Courts of Appeal when there are no separate Courts of 
Appeal, and in all cases a variety of minor Courts, sometimes, 
as in Quebec and Ontario, forming an imposing hierarchy. 
It is important to note that only certain of these Courts have 
any jurisdiction in divorce, and that only as an historical 
accident. The sole power of legislating as to divorce lies in 
the hands of the Dominion, while all matters relating to the 
solemnization of marriage rest still with the provinces. 
Therefore a divorce jurisdiction exists only in such cases as it 
was existing before the province in question entered the union : 
none of the subsequently created provinces could legislate 
to create a jurisdiction. As a result, the Provincial Courts 
of the Maritime Provinces have jurisdiction in divorce, those 
of Ontario, Quebec, Manitoba, Saskatchewan, and Alberta 
have not, and the case of British Columbia was thrown in 
doubt by a decision of Clements J. in the Watts case, in 
which he held, differing from a ruling by the full Supreme 
“In Ontario in 1909 it was proposed to limit appeals to the Supreme 
Court as to the Privy Council by Provincial Act, bu this was not done, as 
it was realized that it was witra vires ; see Canadian Annual Beview, 1909, 
p. 368. Cf. Oanadian Law Times. ii. 416; xi 147; Lefroy, op. cit, 
p. 321.