CO885-(11-13) — Page 411

Sin,

No. 173.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with Mr. Malcolm's letter of the 28th ult. stating that he was

Temple, 9th July 1878. directed by the Secretary of State for the Colonies to transmit to us for our joint consideration a copy of a Despatch from the Governor General of Canada, asking for Confidential instructions in regard to the summoning of Imperial troops from Halifax should a 31 Vict. c. 4. serious crisis arise in connection with disturbances which were expected to take place at Montreal on the 12th instant.

2. That it would be seen from the Governor General's Despatch, and from the memorandum from the Minister of Justice which accompanied it, that the Dominion Government held that it had not the power to call out the Canadian Militia for service in case of a riot or civil disturbance such as was anticipated, and the Governor General stated at paragraph 10 of his Despatch that the Militia could not be called out except at the request of the municipal or provincial authorities.

3. That it would be perceived, however, that the Act quoted by the Minister of Justice, while empowering the local authorities to call out the Militia, did not purport to vest in them exclusively the power of doing so; and you would be obliged if we would take those papers into our consideration, and inform you whether in our opinion, having regard to the general powers of administration and legislation vested in the Government and Parliament of the Dominion by the British North America Act, 1867, and more particularly to the 15th and 91st sections of that Act, and also to the Act of the Legislature of Canada, of which a copy was enclosed, entitled "An Act respecting the Militia and Defence of the Dominion of Canada," the Governor General in Council had or had not the power, in the event of the local authorities neglecting or declining to exercise the powers vested in them by the Act quoted by the Minister of Justice, to direct the Militia to prevent or suppress a local disturbance.

In compliance with the request contained in Mr. Malcolm's letter we have the honour to

Report

That in our opinion, under the statutes referred to, the Governor General in Council has, in Canada, no power to call out the Militia for the purpose of preventing or suppressing a local disturbance not amounting to an insurrection.

The Right Hon.

Sir Michael Hicks Beach, Bart.,

&c.

&c,

&c.

We have, &c., (Signed) JOHN HOLKER.

HARDINGE S. GIFFARD.

3 June 1876,

12516.-168. 23.—12 84.

}

PUBLIC RECORD OFFICE

Reference :-

TPLE CO. 885

12 PUBLIC RECORD OFFICE, LONDON

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

¡