9908.
PUBLIC RECOD OFFICE
وا
C.O.
Reference :-
No. 89.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD DUKE,
Temple, November 8, 1861. We are honoured with your Grace's commands, signified in Mr. Elliot's letter of the 25th ultimo, stating that he was directed by your Grace to enclose for our con- sideration the copy of an Act which had been passed by the Legislature of Canada, intituled "An Act to give jurisdiction to Canadian magistrates in respect to certain "offences committed in New Brunswick by persons afterwards escaping to Canada."
Mr. Elliot was pleased to state that we should observe that this Act authorises Canadian courts to try and punish offenders for acts done in the territory of New Brunswick.
Mr. Elliot was also pleased to state that he was directed by your Grace to request that we would take this Act into our consideration, and inform your Grace whether it can properly be left to its operation by Her Majesty.
1
Mr. Elliot was further pleased to state that if we should be of opinion that it cannot be left to its operation in its present shape, he was directed by your Grace to request that we would inform your Grace by what means the Legislature of Canada could most nearly effect the object which they appear to have had in view, that, namely, of securing that persons committing offences in New Brunswick should not escape justice by taking refuge in Canada.
Mr. Elliot was also pleased to add that the Act was not accompanied by any special report from the Government or Law Officers of Canada.
In obedience to your Grace's commands we have taken these papers into considera. tion, and have the honour to
Report
That in our opinion the Act in question cannot properly be left to its operation by Her Majesty. The proposed change of the law, if duly effected, might be of advantage; but as making acts committed out of Canada criminal and punishable in Canada, such change cannot, we think, be effected by Act of the Provincial Legislature.
The Imperial Act 23 & 24 Vict. c. 122. is a recent example of the recognition of the incompetency of Colonial Legislatures to provide for the punishment of offences which, though commenced within the Colonies, are completed without; whereas the Canadian Act under consideration proposes to deal with offences begun and accom- plished altogether out of the Province. We do not perceive any means whereby the Legislature of Canada can, by their own act, carry out the object which they appear to have had in view, namely, the punishment in Canada of New Brunswick offenders escaped into Canada. The Parliament of the United Kingdom alone is competent to pass Acts conferring on Colonies any measure of extra-territorial jurisdiction; and it is a question of Imperial and Colonial policy what measure (if any) on this subject it would be expedient to propose to Parliament. Without further information and request we abstain from offering any opinion upon that matter.
We have, &c. (Signed) WM. ATHERTON.
ROUNDELL PALMER.
His Grace the Duke of Newcastle,
&c.
&o.
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