· 5509.
PUBLIC RECORD OFFICE
Reference :-
THILCO.
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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
12 PUBLIC RECORD OFFICE, LONDON
1
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MY LORD,
No. 21.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
We are honoured with your Lordship's commands, signified in Sir Henry
Lincoln's Inn, 14th May 1874. Holland's letter of the 8th April ultimo, stating that in our report of the 28th March upon the question of bringing into operation the Canadian Extradition Act of 1873, a copy of which was enclosed for information, we stated that it appeared to us that, as that Act now stands, it is in conflict with the Imperial Extradition Act, 1870 (33 and 34 Vict. cap. 52), and that Orders in Council consistent with the provisions of the Imperial Act and the Canadian Act cannot be framed.
2. It becomes necessary, therefore, to suggest to the Canadian Government some amendment of the Colonial Act; but as the Law Officers and Sir Thomas Henry in July last advised that that Act might properly be assented to by Her Majesty, and as such assent was thereupon given by Order in Council and notified to the Governor- General, it appears to your Lordship that the Canadian Government have a right to expect that they should be informed of the exact nature of the amendments which in our opinion would bring the local Act into accord with the Imperial Act, and would enable Her Majesty to give effect to it by Order in Council.
3. The principal objection which your Lordship understands we entertain to the Colonial Act is in respect of the power reserved by the first section of it to the Parliament of Canada to make subsequent modifications in the Act. Your Lordship understands that it is our opinion that though Her Majesty may, by Order in Council, direct that an existing Colonial law shall have effect as if it were part of the Imperial Act, She cannot direct that an existing law with such modifications as may subsequently be made by the Colonial Legislature shall liave effect as if it were part of the Imperial Act.
4. Another objection which your Lordship understands we entertain is that by the second section of the Canadian Act it made to apply to certain Foreign States men- tioned in the schedule, and to such other Foreign States as the Governor by Order in Council may from time to time direct.
5. It is suggested that the first objection may, perhaps, be met by omitting all the latter part of the first section after the words "Order in Council" in the sixth line, and substituting the words, "to direct that this Act shall have effect in Canada as if it were part of the Extradition Act, 1870."
6. And that the second objection may, perhaps, be met by repealing the second section, and enacting that the Act shall apply to all treaties and arrangements now or hereafter to be made between Her Majesty and Foreign States for the mutual surrender of criminals which are made applicable to the Colony of Canada, and to which the Extradition Act, 1870, is made to apply by Her Majesty by Order in Council.
31 Mar.1873.
7. As bearing upon this second objection, Sir Henry Holland was to transmit, for Germany, our information, copies of several Treaties which have been made between Her Majesty 14 May 1872. and different Foreign States since the passing of the Imperial Act; and Sir Henry 31 July 1872. Holland was to direct our attention to the Articles in those Treaties which make the Italy,
Belgium, stipulations applicable to the Colonies. It will be seen that in each of these Articles 5 Feb. 1873. Her Majesty has power reserved to Her of making special arrangements in the case Denmark, of Colonies, and Sir Henry Holland was to state that this was done to enable Her to Sweden and give effect to the provisions of the 18th section of the Imperial Act.
8. Sir Henry Holland was to request that we would take the Canadian Extradition 26 June1873.
Norway, Act into consideration, and report to your Lordship whether the alterations above 13 Nov.
Brazil, suggested, with or without any further modifications, will be sufficient, in our opinion, to bring the local Act into accord with the Imperial Act, so as to enable Her Majesty to bring it into operation by Order in Council under the 18th section of the Imperial Act, or whether any further and what amendments are necessary,
9. Upon receiving our report Sir Henry Holland stated that your Lordship will be in
a position to suggest to the Canadian Government that the present Act of 1873 should
be repealed and re-enacted as a Reserved Bill with the necessary amendments.
▲ 12916.-22. 25-12/84.