CHAP, I] THE DOMINION OF CANADA 749 
tions, the people of the Province entitled toall rights of British 
subjects elsewhere, and as free, as has been practically 
pointed out by the Minister of Justice, to legislate within their 
jurisdiction as the Lords and Commons of Great Britain are 
tree to legislate, cannot submit to any check upon the right 
of the Legislature to legislate with reference to subjects 
within its well-defined jurisdiction, although a technical 
tight to disallow may exist. Any other view would mean that 
there are different grades of British subjects in the Empire; 
that the people of the several provinces of the Dominion 
have not and are not entitled to the full and free enjoyment 
of those civil rights and liberties which are enjoyed by 
British subjects in the Mother Country, a condition of things 
which would be intolerable. Without, therefore, in any 
way suggesting the possibility of such interference, an 
appreciation of the very grave and serious consequences 
which must inevitably follow such an act fully justifies, in 
the opinion of the undersigned, a respectful recital of the 
rights of the Province in this behalf, and a clear intimation 
of its attitude in respect thereto. 
§ 6. THE JUDICATURE 
The British North America Act does not create, as does 
the Commonwealth Constitution, a Court for the whole of 
Canada ; that it left to be done by local legislation, though 
3. 101 of the Act allows the Parliament of the Dominion to 
provide for the constitution of a general Court of Appeal for 
Canada, and the creation of other Courts required for the 
administration of justice in the Dominion. The provinces 
have sole power to provide for the constitution and organiza- 
lion and maintenance of Courts for provincial purposes, 
including Courts of both civil and criminal jurisdiction, and 
civil procedure is reserved to these legislatures, subject of 
tourse to the power of the Dominion Parliament to cast upon 
these tribunals special rules in matters such as bankruptcy 
and insolvency, which fall within the special purview of 
the Dominion Parliament. The Act also provides that the 
judges of the Superior District and County Courts in the 
provinces are to be paid by the Dominion, and vests their 
appointment in the Governor-General. It is also provided 
that pending, what has never happened, legislation. by the