CO885-(11-13) — Page 129

5458.

•

MY LORD,

No. 823.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

We are honoured with your Lordship's commands signified in Mr. Holland's

Temple, May 29, 1873. letter of the 27th May instant, stating that with reference to our Report of May 13th,* upon the question whether the Canadian Parliament could vest in themselves the power to examine witnesses on oath, he transmit to us copies of a Despatch of the 3rd instant, from Lord Dufferin, and of was directed by your Lordship to the enclosures thereto relating to the same question.

That as regards the Act of the Canadian Parliament (Cap. 24 of 1868) to which Lord Dufferin referred, and copies of which were thereto annexed, he was to observe that it was apparently within the powers of the Canadian Parliament, as defined by section 18 of the British North America Act 1867, to provide for the examination on oath of witnesses before select committees of private bills, as like powers had been given to the House of Commons here by 21 & 22 Vict. c. 78. the first section of the Canadian Act, which vested in the Senate of Canada a power But the provisions of at that time enjoyed by the House of Lords only, escaped observation.

Mr. Holland was also pleased to say that he transmitted to us a copy of the case which was submitted to us at the request of the Government of New Zealand, and of our Report thereon of the 18th June 1872, which is referred to by lord Dufferin, though it would hardly appear to have any material bearing upon the question now under consideration, and that he was to request that we would report to your Lordship at our earliest convenience, whether we saw any reason to qualify our opinion with regard to the powers possessed by the Dominion Parliament, and whether that Act was ultra vires of the Colonial Legislature.

In obedience to your Lordship's commands we have the honour to

Report

That we see no reason to qualify our opinion with regard to the powers possessed by the Dominion Parliament, and we are of opinion that this Act was ultra vires of the Colonial Legislature. We may remark that the opinion of Mr. Todd, sent, does not seem to us to give sufficient weight to the circumstance that words used in the Imperial Act are "powers" as well as privileges.

The Right Hon. the Earl of Kimberley.

&c.

&c.

&c.

• No. 816.

We have, &c. (Signed)

J. D. COLERIDGE. G. JESSEL.

0 16978-874. 95.-5/86.

PUBLIC RECORD OFFICE

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C.O. 885

Reference :-

11 PUBLIC RECORD OFFICE, LONDON

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