11045.
No. 298A.
(CANADA)
`LAW OFFICERS and ADMIRALTY COUNSEL to ADMIRALTY. EXTRACT of OPINION on the PROPOSED ESTABLISHMENT of onę MARITIME COURT for CANADA.
(Dated 20th June 1883.)
THERE can be no doubt that although it would be competent for the Canadian Legislature to create Courts which should exercise jurisdiction in respect of matters arising within the territorial waters of Canada, and in some cases beyond those limits, it would not be within their power to create a Court which should possess complete Admiralty jurisdiction.
Whether it would be expedient to give the power to the Canadian Parlia- ment to create such a Court is entirely a question of policy. There is no doubt much force in the considerations urged by Mr. Bathurst against it.
The Admiralty Courts have to deal largely with foreign ships and questions of international law, and there is a great advantage in maintaining a uniformity of law and practice in such matters throughout Her Majesty's Dominions.
The effect upon other Colonies, if the desire of Canada be complied with, must not be lost sight of; and in time of war there would be an advantage in the existence of Imperial Courts on which the prize jurisdiction could be conferred.
Upon the whole, it appears to us that it would be more expedient to make the necessary alterations in the existing Courts so as to meet the just require- ments and desires of Canada; but as we have said, the question submitted to us is rather one of policy than law.
(Signed)
HENRY JAMES. FARRER HERSCHELL. ALEX. STAVELEY HILL.
▲ 50069. 25.-9/87.
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