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.
