THE JUDICIARY [PART vI 
or more Judges of the Supreme Court of Canada, or to one 
or more Judges of any superior Court in any province of 
Canada, and the commissioners have full powers to make 
the inquiries directed by the Governor-General. 
In the case of provincial Judges of Superior Courts of the 
Dominion it seems clear that the power of removal given in 
this case by the Imperial Act to the Governor-General on 
address from the two Houses! is intended to be exclusive, 
and that Burke’s Act has no application. 
In the case of Newfoundland the position of the Judges 
used to rest upon the Charter of Justice given by George IV 
in 1825. The Charter of Justice provided for the appoint- 
ment of judges by the Crown, and for the removal by the 
same authority. It would seem that there is nothing in 
this to prevent the operation of Burke's Act in this case, 
nor would there have been anything to prevent the Crown 
removing a judge on addresses from the two Houses of the 
Legislature. This mode of procedure is now laid down in 
Act No. 3 of 1904, but it cannot exclude the operation of 
Burke’s Act. 
In the case of the Cape of Good Hope no provision was 
made for the security of the judges on the grant of responsible 
government. The power of removal of the judges was 
vested in the Crown by the Charter of Justice, and the 
Governor had power to suspend judges, and it was evidently 
not considered essential to make formal provision to super- 
sede the procedure there indicated? Amoval by the 
Governor would have been possible under Burke’s Act. 
* In the case of the Supreme Court, thereotically Burke’s Act may be 
held to apply. In the case of District Courts the Act may also apply, as 
there is no other method specified, and so as regards County Courts, but 
there is also special provision for their case by a Canadian Act; see in re 
Squier, 44 U. C. Q. B. 474. There are standing disputes between Dominion 
and Provinces with regard to Provincial Legislatures trying to regulate the 
appointment of judges, &c.; e.g. Provincial Legislation, 1867-95, pp. 83 
seq., 345 seq., 1048 seq., 1080 ; 1896-8, p. 12; 1904-6, p. 155. 
3 Judge Boulton was removed under representative government at the 
instance of the Assembly. He was a member of the Council. 
8 Qoe Consolidated Statutes, 1652-1895, i. 95: Act No. 35 of 1806,