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.