9953.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
12 PUBLIC RECORD OFFICE, LONDON
No. 290.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
We were honoured with your Lordship's commands, signified in Mr. Bramston's
Temple, 3rd July 1880. letter of the 18th June ultimo, stating that he was directed by your Lordship to transmit to us the enclosed address to Her Majesty passed by the Senate and House of Commons of Canada in May 1878, recommending that an Imperial Act should be passed with a view of including within the boundaries of Canada all the territories in North America and islands adjacent thereto (with the exception of the Colony of Newfoundland) belonging to the Crown of Great Britain which were not already comprised within the Dominion.
2. That your Lordship desired Mr. Bramston to state that your predecessor in office consulted the late Law Officers of the Crown upon the question whether the object explained in the address could not be effected by means of an Order in Council, that was to say, whether, having regard to the British North American Act, 1871, any further Imperial legislation would be necessary, or whether, if the annexation to Canada of the new territories proposed to be added to the Dominion were effected by Order in Council, the extended provisions of the Act 34 & 35 Vict. c. 28. would after annexation give to the Government and Parliament of Canada full executive and legislative authority over the territories and islands in question. That the Law Officers on the 3rd of April 1879 reported in reply that, in their opinion, Her Majesty might by Order in Council annex the territories in North America belonging to the Crown which were not included in the Dominion of Canada to that Dominion, and that if such annexation were effected the provisions of 34 & 35 Vict. c. 28. would give after annexation to the Governor and Parliament of Canada full executive and legislative authority over the territories and islands in question.
3. That the substance of that report having been communicated to the Government of Canada, that Government passed a 'Minute of Council recommending that Her Majesty's Government should obtain an Order in Council for the above purpose.
4. That a draft Order was accordingly prepared in the Colonial Office, and was submitted for the consideration of the late Law Officers of the Crown, who, in a com- munication dated the 28th of April 1880, of which a copy was enclosed, reported that, in their opinion, the Order in Council was drawn in terms so wide, with reference to the territories and islands intended to be annexed, that they were unable to say whether it might not conflict with the provisions of the 146th section of the British North America Act, 1867.
5. That, in reporting as above, your Lordship thought it possible that the late Law Officers might not have been sufficiently aware that Prince Edward Island, British Columbia, Ruperts Land, and the North-Western Territory have all been admitted into the Union, and that by the proposed Order in Council it was intended to transfer to the Dominion any British islands and territory on the mainland not included in the several territories mentioned in section 146 of the British North America Act; with which section it would therefore seem that the proposed Order could not in reality conflict.
6. That the Order had necessarily been drawn in general terms, for the boundaries of Ruperts Land and the North-West Territory had never been defined, and its terms were intended to cover all British territory on the extreme North of the continent of America and islands in the seas to the northward of that continent (if any) which were not included in those boundaries.
7. That your Lordship desired Mr. Bramaton to, enclose a copy of the draft Order submitted to the late Law Officers, with a few additions in manuscript, and to request that we would favour your Lordship with our opinion whether the draft Order would be proper and sufficient for the purpose of annexing the territories and islands in question to the Dominion of Canada.
▲ 12910-917. 25.-19/84.
In obedience to your Lordship's commands we have the honour to
Report
That we think that the draft Order is proper and sufficient for the purpose of annexing the territories and islands in question to the Dominion of Canada.
HENRY JAMES.
We have, &c., (Signed)
c.
The Right Hon. the Earl of Kimberley,
&c.
&c.
FARRER HERSCHELL.
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