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4. Having reference to the fact that the legislative power within the Dominion is divided between the General and Provincial Legislatures (B.N.A. Act, ss. 91 et Beq.), whether the Parliament of the Dominion will be competent to exercise within territory not as yet forming part of any Province the powers which by the British North America Act, 1867, are given exclusively to Provincial Legislatures ?

•

5. Whether having regard to the above considerations this Act can properly be

sanctioned by Her Majesty?

6. If the Canadian Government did not possess the power of passing this prospective Act, or of legislating on matters reserved to the Provincial Legislatures, what steps, by retrospective legislation, after admission of the territories, or otherwise, should be taken to repair the error and to enable the Canadian Government to provide for the peace and good government of these territories?

In obedience to your Lordship's commands we have taken the questions submitted to us into our consideration, and have the honour to

Report

That though this question is not free from difficulty, yet inasmuch as the Act does not purport to operate until the admission of the new territories into the Dominion, we are unable to advise that it was ultra vires the Canadian Legislature.

2 and 3. An Act so passed will ex natura rei operate as suggested, and we do not see our way to any clear distinction between so much of the Act as relates to the courts and its other provisions.

4. We have come to the conclusion that, under all the circumstances, the Parliament of the Dominion had unrestricted legislative power. The restrictions placed on the powers of the Dominion Parliament have for their object the protection of the powers of the Provincial Legislatures, but inasmuch as the territory to be annexed is not to become a Province, at least for the present, the reason of these restrictions does not apply. This being so, we think it not unreasonable to construe the words of the British North America Act, s. 146. "on such terms and conditions in each case as are "in the addresses expressed, and as the Queen thinks fit to approve," as including the general power of legislation prayed for in the first address. With respect to "Rupert's Land" this power appears expressly conferred by s. 5. of the "Rupert's Land Act.”

5. We think that Her Majesty may be properly advised to sanction the Act. 6. It becomes unnecessary to answer this question.

The Right Hon. Earl Granville, K.G.,

We have, &c. (Signed)

B. P. COLLIER.

MY LORD,

No. 619.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, December 21, 1869. We are honoured with your Lordship's commands, signified in Sir Frederic Rogers' letter of the 15th instant, stating that with reference to the recent outbreak at Fort Garry, and to the circumstances under which Mr. McDougal, who had been appointed Lieutenant-Governor of the North-West Territory, was stopped on his way to Red River by an armed force of half-breeds, he was directed by your Lordship to state that a telegram had been received in this country from the Canadian Govern ment in the following words :-

"This is not a mere question of expense. Troops cannot be sent through Britial territory until May. United States will not allow troops through their country. Physically impossible for Canada to assume government or keep order until McDougal allowed to enter country. While Company's authority exists, insurgents are mere rioters. If ended by Company's surrender to Crown, insurgents may get some legal status as a government of necessity. We have sent men of influence to deal with troubles with great hopes of success, Meanwhile proclamation should be delayed for short period."

That our opinion was requested whether there was any ground for the apprehension entertained by the Canadian Government, that on the extinction of the authority of the Hudson's Bay Company and its officers and the substitution of that of Canada, and in the absence of any constituted authority representing Canada, the provisional Government now established or some other of the same kind might acquire, on the ground of necessity, a legal or semi-legal status which would not belong to it so long as the authority of the Hudson's Bay Company subsisted, and its officers were present in the Settlement.

In obedience to your Lordship's commands we have taken this matter into our consideration, and have the honour to

Peport

टै

&c.

&c.

&c.

J. D. COLERIDGE.

We are of opinion that che apprehensions of the Canadian Government are unfounded, and that the status of the insurgents or rioters (by whichever term they may be properly designated) will not be improved or strengthened by the transference of the territory from the Hudson's Bay Company to the Canadian Government. Whether or not it would be desirable to suspend for a time the acceptance of the surrender is a question of policy on which we do not presume to give our opinion. We have, &c. (Signed) R. P. COLLIER.

J. D. COLERIDGE.

The Right Hon. the Earl Granville, K.G.

&o.

&o.

0 16278.-604.

25.-5'86,

&c.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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