CO885(3-4) — Page 206

Miscellaneous,

No. 33.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

て

Canada.

Newfoundland.

Bermuda

Falklands.

11

Jamaica.

Fugitive Offenders Bill.

Abstract of Replies to Circular of 6th December

1876.

Considers that legislation as regards Canada should be Canadian, not Imperial. Analogous provisions were made by local enactments many years ago. Needless to discuss question of deportation as regards Canada, for above reason, but the difficulty can be met in other colonies by enabling legislation in the Parliament of the United Kingdom, or by an Act of that Parliament legalizing the deportation beyond the bounds of any colony, of any person lawfully surrendered as a fugitive criminal. No provision to be made in Bill for proceedings to be taken in Canada, as Canadian Parliament will be invited to take all proper steps. Would propose to follow as closely as possible the provisions of the law in force in Canada, relating to extradition of fugitive offenders from foreign places. Section 11. Definition of offences based on North American Act would be preferable to the one now proposed. Inconvenience may result from the punishment forming one of the elements of the definition. The law should not be made appli- cable to an Act which is no offence in the country where the person happens to be; also. objectionable that penal consequences should practically be im- posed by Order in Council. Section 12. Power of refusing to restore offender in certain cases should be given to the political rather than the judicial de- partment of the Government. Section 17. Case dealt with has been for some time provided for in Canada. See the Larceny Act of 1869, 32 & 33 Vic., cap. 21, sec. 112.

Very comprehensive measure, and a valuable addi- tion to criminal code. Concurs in opinion that it would be advisable if the principle of Clause 17 could be made to apply to all offences of sufficient magnitude. Imperial Act, 24 & 25 Vic., cap. 100, imported by local Act, renders any general provision unnecessary in cases of homicide, but in all other cases a general provision would be useful.

No suggestions. Adverts to the fact that the Colony has no telegraphic communication with Great Britain, and that, therefore, any communication must reach-police authorities in England through a third party at Halifax or New York, but considers that under Section such a communication may be re- garded as coming direct.

Approves of the Bill.

Clauses 4 and 5. District court judge or stipen diary justice should be substituted for a magistrate.

A 109

A

4

PUBLIC RECORD OFFICE, LONDON

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