CO885-(10-11) — Page 772

13590.

PUBLIC RECORD OFFICE

Reference :--

PITT C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

MY LORD,

No. 618.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, December 11, 1869.

We are honoured with your Lordship's commands signified to us in Sir Frederic Rogers' letter of the 6th instant, stating,

1st. That by the British North America Act, 1867 (30 Vict. c. 3.) the provinces of Canada, Nova Scotia, and New Brunswick were united into one Dominion of Canada and the legislative powers of the Parliament of Canada were defined.

2nd. That provision was made, as we were aware, by section 146 of that Act for the admission of Rupert's Land, and the North-western Territory into the Dominion by Order in Council, and it might not be unimportant to observe that the provisions of such Order in Council were to have the same effect as if they had been enacted by the Imperial Parliament.

3rd. That an address from the Parliament of Canada was adopted in 1867 praying Her Majesty to unite Rupert's Land and the North-western Territory with the Dominion and (inter alia) to grant to the Parliament of Canada authority to legislate for the future welfare and good government of those territories; and further stating that they were prepared to assume the duties and obligations of government and legislation as regarded those territories.

4th. That Her Majesty was, however, advised that there would be difficulties in complying with the terms of that address, so far as it regarded Rupert's Land, so long as the charter of the Hudson's Bay Company was in existence, and subsequently the Rupert's Land Act, 1868 (31 & 32 Vict., c. 105.) was passed.

5th. That it would be seen by the 5th section of that Act power was given to Her Majesty by Order in Council to declare that Rupert's Land should from a certain date be admitted into and become part of the Dominion of Canada, and thereupon it should be lawful for the Parliament of Canada from the date aforesaid to make within the land and territory so admitted as aforesaid all such laws, &c. as might be necessary for the peace and good government thereof.

6th. That the Canadian Parliament feeling no doubt the importance of being able to establish a government and legislate at once on those territories upon their admission into the Dominion had recently passed an Act (32 & 33 Vict. c. 3.)" for the temporary government of Ruperts Land, and the North-western Territory when united with Canada," and that a copy of that Act which had been assented to by the Governor General was annexed for reference.

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7th. That no surrender had yet been made by the Hudson's Bay Company, and no Order in Council had been passed admitting either Rupert's Land or the North-western Territory into the Dominion, and that it was, however, probable that such an Order in Council would shortly be passed, and a copy of that proposed Order was transmitted therewith.

8th. That it would be seen (page 4) that it was proposed to admit the North-western Territory upon the terms and conditions of the first address, and that Rupert's Land was to be admitted on the terms and conditions of the second address.

9th. That under those circumstances Sir F. Rogers was pleased to request that we would report to your Lordship

1. Whether or not under the 5th section of the Rupert's Land Act, 1868, the Par- liament of Canada had power to pass this prospective Act before the date of admission of Rupert's Land and the North-western Territory into the Dominion? 2. Whether irrespectively of that Act an Act passed by the Canadian Parliament in saticipation of union would not ez natura rei take effect in the admitted terri- tories as soon as they became part of the Dominion, and therefore subject to the authority of the Canadian Legislature ?

3. Whether this would be the case with regard to the courts of justice, &c. which seem to be specifically continued by the Rupert's Land Act, 1868, until abolished by legislation effected under the powers of the Act, and therefore perhaps sub- sequent to the Union?

0

14278.-608

25.-5/86.