CO885-(11-13) — Page 218

3453.

PUBLIC RECORD

OFFICE

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

:

MY LORD,

No. 11.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with your Lordship's commands, signified in Mr. Herbert's

Temple, 28th March 1874. letters of the 9th March instant, stating that he was directed by your Lordship to transmit to us a copy of a despatch of the 12th of February, from the Governor of Canada, enclosing a Report of a Committee of the Privy Council with respect to bringing into operation the Canadian Extradition Act of 1873, a copy of which Act was annexed for our information.

2. That the Canadian Act was reserved by the Governor-General for Her Majesty's assent, which was given in the usual form by Order in Council of the 30th of August 1873. A copy of the Order in Council was also annexed for our information.

3. That it appeared that another Order in Council will now have to be passed for the purpose of giving effect to the requirements of the 18th section of the Extradition Act, 1870 (33 & 34 Vict. c. 52.), and of the first section of the Canadian Act. Mr. Herbert also said that he was to transmit for our consideration a draft Order in Council which has been prepared for the purpose.

4. That as would be seen by reference to the above-mentioned sections, the form of Order in Council required by the Canadian Act is not in exact accordance with the form provided by the 18th section of the Imperial Act, as the language of the latter Act is alternative, whereas in the Canadian Act Her Majesty has not only to suspend the operation of the Imperial Act, but also to direct that the local Act shall have effect in Canada, subject only to such modifications as may be thereafter made by the Parlia- ment of Canada.

5. That the attention of the Governor-General would be also called to the point, but as it is important that the Canadian Act should be brought into operation without delay, and as this could not be done without an amending Act, unless an Order in Council can be framed in the terms of the first section, your Lordship trusted that the draft Order in Council, which it would be seen is so framed, will not be considered to be repugnant to the provisions of the Imperial Act.

6. Mr. Herbert was also pleased to say that he was to direct our attention to the fact that, since the passing of the Colonial Act several other Extradition Treaties, in addition to those named in the Second Schedule, had been made by Her Majesty with foreign Governments. That the Governor-General is empowered by section 2 of the Act to direct by Order in Council that the Act shall apply to such foreign States, and that it would be seen that the draft Order in Council has been framed with a view to include such treaties after the Act has been thus applied.

In conclusion, Mr. Herbert added that he was to request that we would favour your Lordship with our opinion whether, and with what modifications, the draft Order may

be submitted to Her Majesty in Council.

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

Report

That we assume that Orders in Council have been issued applying the Extradition Act of 1870, 33 & 34 Vict, c. 52, to the treaties with different States mentioned in the Schedule to the Canadian Act, and that such Orders are so framed as to apply to all British possessions (s. 17), as well as to the United Kingdom.

By section 18 separate Orders in Council should, we think, be made referring to the original Orders bringing the Act into operation, as regards the above-mentioned different States, suspending the operation of each of those Orders, or directing that the Law or Ordinance made by the Legislature of the British possession, or any part thereof, shall have effect in such British possession with or without modifications and alterations as if it were part of that Act.

We understand this section to mean that the Order in Council may absolutely suspend the Imperial Act, so as to leave the machinery for Extradition dependent on

▲ 13916.-19. 25.-12/84.

3453.