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PUBLIC RECORD
ןזזיִן זויג!
| ། །
OFFICE
C.O.
Reference :-
885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 165.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, November 28, 1889. We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 22nd ultimo, stating that he was directed by your Lordship to invite our attention to the accompanying print of correspondence respecting the Extradition Act recently passed in Canada. That that correspondence had already been before us upon the general question whether the Act should be approved by Her Majesty, but that there was a further question upon which your Lordship desired our advice.
That the Dominion Parliament, under the British North America Act, 1867, had, in the opinion of the Minister of Justice, the right to legislate upon the matter by virtue of the power given to it (sce section 91) to make laws for the peace, order, and good government of Canada; and that your Lordship understood that, after giving full consideration to the points raised by Sir Henry Borgne in his Memorandum of the 13th of July, we did not think it necessary to question that opinion; but that, as we observed in our Report to tho Foreign Office of August 21st last*, section 5 of the Extradition Act in question appeared to contemplate diplomatic arrangements between a foreign country and Canada, to which arrangements Her Majesty's Government would not be directly partics.
That the particular instance was not of serious importance, but that the section appeared to be in principle an encroachment upon the Treaty-making power of the Imperial Government; and that your Lordship would be obliged if we would favour you with our opinion whether the fifth section was strictly within the powers of legislation conferred upon the Dominion Parliament by the British North America Act, 1867, and with any general observations which might occur to us on the subject.
We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report
That in our opinion there is no objection to the fifth section of this Extradition Act,
as being in excess of the powers conferred upon the Dominion Parliament by section 91 of the Act of 1867.
The Right Hon. Lord Knutsford,
We have, &c.,
(Signed)
RICHARD E. WEBSTER. EDWARD CLARKE.
A 57014.-3). 25.-18/89.
* No. 161.
J
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