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12 PUBLIC RECORD OFFICE, LONDON

MY LORD,

No. 153.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, 16th November 1877. We are honoured with your Lordship's commands, signified in Sir J. Paunce- fote's letter of the 7th of July last, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office, enclosing copy of an Act recently passed by the Legislature of Canada to make provision for the extradition of fugitive criminals from the Dominion, and that he was whether the Canadian Act sufficiently provided for the execution of existing Treaties to request our opinion which Great Britain might conclude with foreign Powers in virtue of the Extradition Act of 1870.

That your Lordship apprehended that, so long as the Imperial Act of 1870 was neither repealed nor amended, any new Treaty which Great Britain might conclude must be in accordance with the provisions of that Act, and must therefore contain a stipulation in conformity with section III., sub-section 2, of that Act, which was as follows:-

"A fugitive criminal shall not be surrendered to a foreign State unless provision is made by the law of that State or by arrangement that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty's dominions, be detained or tried in that foreign State for any offence committed prior to his surrender other than the extradition crime proved by the facts on which the surrender

is grounded."

That the Canadian Act, as we should observe, contained no restriction to the surrender of a fugitive criminal similar to that contained in the section of the Act of 1870 above recited.

That section IV., sub-section 2, of the Canadian Act provided, however, that, for the avoidance of doubts, " any provisions of this Act which may be deemed to "be inconsistent with any term of the arrangement shall not have effect to contravene "the arrangement; and this Act shall be so read and construed as to provide for the execution of the arrangement." And by section XVI. (3.) of the same Act, the Canadian Minister of Justice was empowered to refuse the surrender of a fugitive criminal if he thought that for any reason he should not be surrendered.

That your Lordship, therefore, apprehended that the Canadian Act did sufficiently provide for the execution of existing Treaties or for any future Treaties which Great Britain might conclude with the United States or any foreign Power under the existing Imperial Act.

That your Lordship would, however, be glad to be informed, at our earliest con- venience, whether, in our opinion, that view was correct, and if so, whether we were aware of any legal objection to the issue of an Order in Council under section XVIII. of the Act of 1870, suspending the operation of that statute within the Dominion of Canada so long as the new Canadian Act remained in force.

That Sir Julian Pauncefote was to state, for our information, that at that time extradition from Canada to the United States under the Ashburton Treaty was carried on under the Imperial Act of 1870, and a Local Act No. 94 of 1868, which was applied conjointly therewith by virtue of section XXVII. of the Imperial Act.

That the Local Act was passed to carry out the extradition clause of the Ashburton Treaty.

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

Report

That the Canadian Act does sufficiently provide for the execution of existing Treaties

and of any further Treaties (the stipulations contained in which shall be consistent with the provisions of the Imperial Act of 1870) which Great Britain may conclude with any foreign Powers.

▲ 12916.-149. 25-12/84.