CO885-(11-13) — Page 338

11,875,

MY LORD,

No. 111.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, 30th September 1876. We were honoured with your Lordship's commands, signified in Mr. Meade's letter of the 13th September instant, stating that he was directed by your Lordship to transmit to us for our consideration a copy of a Bill passed by the Canadian Legis- lature, entitled (cap. 26 of 1876) “An Act to make further provision in regard to the Supreme Court and Exchequer Court of Canada," and that he was desired to call our attention to section 2 of that Act, the concluding words of which section provide for the prosecution in Canada of a person who has wilfully given false evidence, although such evidence may have been given outside the limits of the Dominion of Canada,

Mr. Meade further stated that he was to request that we would furnish your Lordship with our opinion whether it is competent for the Dominion Legislature to make the wilful giving of false evidence outside the limits of the Dominion a crime punishable within the Dominion, as is done by the clause in question, and if in our opinion it is not competent for the Dominion Legislature to make such an enactment, whether we consider that it would be expedient by Imperial legislation to make perjury before any Commissioner of a Colonial Court sitting beyond the limits of the Colony a crime punishable within the Colony.

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

That-

Report

1. It is not competent for the Dominion Legislature to make the wilful giving of false evidence outside the limits of the Dominion a crime punishable within the Dominion, as is done by clause 2 of the Bill submitted for our consideration; and we may add that we do not think it is competent for the Dominion Legislature to make the refusal of any person not within the Dominion to attend as a witness punishable as a contempt of court, as is done by clause 5 of the Bill.

2. We do not see any objection to make, by Imperial legislation, perjury before any Commissioner of a Colonial Court sitting beyond the limits of the Colony a crime punishable within the Colony, always provided that such legislation is confined to British subjects.

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

We have, &c.,

(Signed)

JOHN HOLKER.

HARDINGE S. GIFFARD,

J

12916.-110. 25.-12/84.

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PUBLIC RECORD OFFICE

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Reference :-

885

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