PART VI. THE JUDICIARY 
CHAPTER I 
I'HE TENURE OF JUDICIAL OFFICES 
Ar the time of the grant of responsible government, the 
judicial officers generally in the Colonies enjoyed a secure 
tenure ; it was possible under Burke’s Act! for the Governor 
in Council of a Colony to amove the judge for such reasons 
as the Governor in Council might think fit; but such 
amoval was subject to an appeal to the Privy Council in the 
ordinary course, and therefore it was secured that the judge 
should not lose office without the approval of the Privy 
Council. Moreover, the practice had grown up of removing 
judges on petition from the Houses of the Legislature.? 
This removal, however, which was based on the analogy of 
the English practice, was not considered a matter of course. 
A Colonial legislature might petition for the removal of a 
judge, but the judge would be removed only if after full 
consideration it was considered suitable by the Imperial 
Yovernment. 
When responsible government was adopted in Canada, the 
only other precaution which was considered necessary for 
the purpose of securing the position of the judges was the 
provision of their salaries in the Civil List. Thus the Union 
Act of 1840 for Canada contains a full provision for the 
judges of Upper and Lower Canada, placing their salaries 
in Schedule A. It was left open for the Provinces of Canada 
' 22 Geo. ITI. c. 75. oC os 
* Representatives of the Island of Grenada v. Sanderson, 6 Noo wr , > 
Such petitions were referred to the Privy Council under 3 & ill. IV, 
c. 41 «5 4.