1056.
No. 743. (CANADA.)
LAW OFFICERS to COLONIAL OFFICE. MY LORD,
We are honoured with your Lordship's commands signified in Mr. Holland's
Temple, January 29, 1872. letter of the 24th instant, stating that he was directed by your Lordship to transmit to us a copy of a Despatch from the Governor General of Canada, enclosing a Report drawn up by the Canadian Minister of Justice raising certain questions with regard to the power of appointing Queen's Counsel in the Provinces forming the Dominion.
2. That your Lordship desired him to request that we would favour your Lordship with our opinion on the points raised in that Despatch.
3. And further your Lordship would be glad to be favoured with an early reply as
it was probable that questions upon the subject would be put to the Canadian Ministers soon after the commencement of the approaching session.
4. Copies of the Despatches from Mr. Secretary Cardwell and from Earl Granville
of 1864 and 1869 respectively, relating to the exercise of the prerogative of pardon, and which were referred to in the enclosure to Lord Lisgar's Despatch were annexed for reference.
In obedience to your Lordship's commands we have taken the matter into considera- tion, and have the honour to
Report
We are of opinion that the Governor General has now power as Her Majesty's repre- sentative to appoint Queen's Counsel.
We are also of opinion that a Lieutenant-Governor appointed since the Union came into effect has no such power of appointment.
With respect to pre-
We are also of opinion that the legislature of a province can confer by statute on its Lieutenant-Governor the power of appointing Queen's Counsel. cedence or pre-audience in the courts of the Province, the legislature of the Province has power to decide as between Queen's Counsel appointed by the Governor General and the Lieutenant-Governor as above explained.
The Right Hon. Earl Kimberley.
We have, &c.
(Signed)
J. D. COLERIDGE. G. JESSEL.
0 16278-422. 95.-5/86.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
11
PUBLIC RECORD OFFICE, LONDON
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