CHAP. 1] THE DOMINION OF CANADA 763
while as the rest of the territory of the Hudson’s Bay Com-
bany was not to be made into a province, there was only
the most doubtful power for the Dominion to legislate : the
Crown might indeed, in the ideas of that day, by the preroga-
tive annex territories to a Colony, and the Dominion was no
doubt a Colony, but the Dominion had been defined by an
Imperial Act, and the legislative powers of the Dominion
were definitely powers to be shared with a Provincial Legis-
lature, so that there were any number of doubts possible as
to the validity of the position if the Parliament were not
given fresh powers. This was done by an Imperial Act of
1871, which ratified the Acts 2 of Canada for the government
of the territories and of Manitoba, and gave to the constitution
of the province, and of any further provinces which it em-
powered the Dominion Parliament to form out of surrendered
lands, permanence by forbidding alteration by the Dominion
Parliament, except with the consent of the Legislature of
the province, by way of increasing or diminishing or altering
the territory and making consequential. changes of law.
The Act also empowers the Parliament to legislate for the
Peace, order, and good government of any territory included
in the boundaries of the federation. Finally, it authorized
the providing of representation in the Parliament of such
Dew provinces as might be created. An Act of 18863 allowed
the representation in the Parliament of the territories before
they were made provinces. Senators were added also under
the terms of the agreement with British Columbia, though
that was not specially contemplated in the British North
America Act.
§ 10. THE TERRITORIES
The power to legislate for the territories is derived from
the Act of 1871, and its pervading character was declared
by the Privy Council in the case of Riel v. Regt The power
has been exercised in many different forms, and the remaining
' 34 & 35 Vict. ¢. 28; Provincial Legislation, 1867-95, pp. 8-11.
* 32 & 33 Vict. c. 3; 33 Vict. c. 3. See Canada Sess. Pap. 1871, No. 20.
* 49 & 50 Viet. c. 35, confirming the Canadian Act, 49 Vict. ¢. 24,
10 App. Cas. 675.
