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

980 THE FEDERATIONS AND THE UNION [PART IV 
in the case of criminal appeals, when an appeal will lie to the 
provincial division, and then by special léave only of the 
appellate division to that division. Similarly all appeals 
which lie at the time of the Union to the Privy Council from 
any Supreme Court of the Colonies, including the High Court 
of the Orange River Colony, shall in future lie only to 
the appellate division, but the right of appeal in any civil 
suit shall not be limited by reason only of the amount 
claimed or awarded in any suit. From resident magistrates’ 
and other inferior Courts in the provinces appeal will lie to 
the divisions of the Supreme Court corresponding to the 
superior Courts to which appeals lay before the Union, but 
there will be no further appeal unless the appellate division 
of the Supreme Court gives special leave, when an appeal 
will lie to that division. There shall be no appeal from the 
Supreme Court or any of its divisions to the King in Council, 
but this prohibition is not to impair any right which the King 
in Council may be pleased to exercise to grant special leave 
to appeal from the appellate division to the King in Council. 
The Parliament may make laws limiting the matters in 
respect of which such special leave may be asked, but pro- 
posed laws containing any such limitation shall be reserved 
tor the signification of His Majesty’s pleasure. The appeal in 
Admiralty cases under the Colonial Courts of Admiralty Act, 
1890, is, however, not affected by these provisions of s. 106.1 
These provisions are in harmony with the recommenda- 
tions of the Colonial Conference, but it is important to note 
that they go a good deal beyond anything which exists in the 
other Dominions. In the case of Canada appeals lie by right 
from every Provincial Court to the Privy Council, and also 
in every case of course by special leave. Further, the Privy 
Council can grant special leave to appeal from the decision 
of the humblest Courts in the provinces. In the case of the 
Dominion Supreme Court no appeal lies as of right.2 but an 
! The Privy Council has held that the provisions of the Supreme Court 
of Canada Act do not bar the appeal of right under this Act; see Richelieu 
und Ontario Navigation Co. v. Owners of SS. Cape Breton, [1907] A. C. 112. 
2 Cf. The Framework of Union, pp. 158, 159.
	        
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