CHAP. I] THE DOMINION OF CANADA 751 
of reference to the Privy Council. Moreover, every judge 
has the power concurrent with the Courts in the provinces 
to issue a writ of habeas in any criminal matter, subject in 
case of refusal to appeal to the full Court. In such cases the 
judge has the full powers of a Court of justices of the peace. 
It is also provided that if the Provincial Legislatures agree 
the Supreme and Exchequer Courts can exercise jurisdiction 
in cases between the Dominion and a province or two pro- 
vinces and a judge of a Provincial Court must, if the parties 
so ask, and may, if he think fit, refer any point which is raised 
as to the validity of a Provincial Act or a Dominion Act to the 
Court, which will deal with the point : no appeal lies then 
on that point to the Court, or on any other point, unless 
the value of the matter at issue exceeds five hundred dollars.! 
The only other ordinary Federal Court which has been 
instituted by the Dominion is the Court of Exchequer, 
which is also the Court of Admiralty? and has jurisdiction 
among other matters in petitions of right. For the rest of 
the federal jurisdiction, recourse is had to the ordinary Courts 
maintained by the provinces, though the criminal procedure 
ls all determined by Canadian statutes, and the Parliament 
can also regulate such matters as bankruptcy and insolvency. 
Election petitions are assigned to the Provincial Courts, which 
also have jurisdiction in provincial controverted elections. 
An interesting case has recently been decided as to the 
general power of the Dominion Supreme Court to hear appeals 
irom the provinces. It was alleged by one party in the case 
of the Crown Grain Company Limited v. Day? that it was 
* Such Acts have been passed by Ontario (Rev. Stat., 1897, c. 49), Nova 
Scotia, (Rev. Staz.; 1900, c. 154), Manitoba, (Rev. Stat., 1902, c. 33, 5. 7), 
British Columbia (Rev. Stat.. 1897, c. 53), and New Brunswick (Rev. Stat., 
1903, c. 110). 
* A separate division exists at Toronto, formerly the Maritime Court of 
Ontario, created in 1877. See McCuaig and Smith v. Keith, 1 Cart. 557. 
* [1908] A. C. 504, affirming the Supreme Court decision in 39 S. C. R. 
208; of. City of Halifax v. McLaughlin Carriage Co., 39 8. C. R. 174 ; 
Ularkson v. Ryan, 17 8. C. R. 241. That the Court is a Court of general 
appeal—not merely from federal questions—is obvious ; see IL’ Association 
St. Jean Baptiste v. Brault, 31 S. C. R. 172.