Full text: Responsible government in the Dominions (Vol. 2)

760 THE FEDERATIONS AND THE UNION [PART IV 
Dominion Parliament under s. 94 of the Act for the unification 
of the laws of Nova Scotia, New Brunswick, and Ontario, 
the judges must be appointed from the bar of these provinces 
respectively, and this rule has been applied to Prince Edward 
Island. In the case of Quebec it is expressly laid down in 
the Act itself. The Courts of Probate in New Brunswick and 
Nova Scotia, by a curious exception, remain outside the whole 
sphere of the arrangement, and are left to the sole provincial 
jurisdiction. As has been noted above, there have been a 
good many attempts of the provinces to override the law : 
©. g. Nova Scotia Act, 59 Vict. ¢. 17. 
The Supreme Court of Canada was constituted in 1875 as 
a general Court of Appeal, and it was proposed to withdraw all 
possibility of appealing to the Privy Council : that was, it 
was pointed out, certain to render the Act unlikely to be 
assented to, and the clause in question was withdrawn, and 
now appeals lie by special leave to the Privy Council from it 
in every case and also direct to the Privy Council from 
the Supreme Courts of the several provinces. Its appellate 
jurisdiction is curiously varied in respect of the different 
provinces : the details are given in the Supreme Court Act, 
chapter 139 of the Revised Statutes, 1906. It has alsoa curious 
original jurisdiction : the Governor-General in Council can 
refer to it any important question affecting the interpretation 
of the British North America Acts, 1867-86, the constitution- 
ality of any Dominion or Provincial Act, the appellate juris- 
diction in educational matters whether given by the British 
North America Act or by subsequent Acts of the provincial 
constitution, the powers of the Parliament of Canada and 
the Legislatures of the provinces or their Governments in 
regard to any particular matter, and any other matter, 
whether or not eiusdem generis with the Preceding matters, 
which the Governor-General in Council deems fit to submit. 
The submission is only to apply to important questions of 
law or fact, but the submission ipso facto makes the matter 
important, and bars any right to deny that it is important, 
The judgement or answers in such a question, though merely 
advisory, areto be treated as a final judgement for the purpose
	        
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