CO885-(11-13) — Page 444

PUBLIC RECORD OFFICE

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

+

But offences committed on board Cypriot vessels on the high seas, or outside of Cypriot waters, will not be justiciable by the Courts in Cyprus.

And British protection cannot, we think, in any case be extended to Cypriot ships.

The Right Hon. the

Marquis of Salisbury, K.G.

We have, &c.,

(Signed)

JOHN HOLKER. HARDINGE S. GIFFARD.

J. PARKER DEANE.

5433.

SIR,

No. 197.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, 3rd April 1879.

8 October 1878.

We were honoured with your commands, signified in Mr. Herbert's letter of the 26th of February last, stating that he was directed by you to transmit to us a copy of a despatch from the late Governor-General of Canada, enclosing a Report of a Gov., No. 147. Committee of the Privy Council, with a memorandum by the late Minister of Justice, Gov. No. 127. relating to the inclusion within the boundaries of Canada of all the territories in British 10 May 1878. North America, and of the islands adjacent thereto (with the exception of the Colony Other Pub- of Newfoundland and its dependencies), a subject upon which we favoured you with a Law Omers, Report dated the 28th of May last.

Letter to Law

ruary 1878.

28 May 1878.

2. That you communicated to the Governor-General the substance of our Report, and a further question was now raised by the Dominion Government, who appeared to contend that an Imperial Act was necessary to carry out the object in view, because of the position in which Canada was placed by the British North America Act, 1867. That by that Act Canada was declared to be a dominion formed by the union of the territory Secs. 3, 5, 6. comprised within certain existing and well-defined provinces, provision was made for Sec. 4, &c. executive and legislative authority over the specific territory under its name of Canada, and power was taken, in the 146th section, for the admission of certain islands to the union, and for the like admission of Ruperts Land and the North West-Provinces. That it was suggested on the part of the Dominion Government that the effect of that legislation was to preclude Her Majesty from annexing other territory (not included in the 146th section of the Act), or at any rate that such annexation would not extend the executive and legislative authority created by the Act for that definite union to territories which were not mentioned in the Act.

3. That with reference to that part of our Report which stated that if it were desired, after the annexation had taken place, to erect the territories newly annexed into provinces, and to provide that such provinces should be represented in the Dominion Parliament, recourse to an Imperial Act would be necessary, the Crown not being competent to change the legislative scheme of the British North America Act of 1867, that the Minister of Justice called attention to the Imperial Act 34 & 35 Vict. cap. 28., known as "the British North America Act, 1871," to which our notice was not drawn when the previous reference was made to us by the Colonial Department.

4. That he was desired further to enclose a copy of a despatch received from the Governor-General of the Dominion on the 22nd of May last (a few days previons to our Report of the 28th of that month), transmitting an address to the Queen declaring it to be desirable that an Act of the Imperial Parliament should be passed, defining the boundaries of Canada as stated therein; and that he was also to enclose copies of the papers upon that question upon which our Report of the 28th of May was founded, together with copy of that Report.

5. That you would be obliged if we would take these papers into our consideration, and favour you with a further expression of our opinion as to whether, having regard to the provisions of the British North America Act, 1871, any further Imperial legisla- tion was necessary, or whether, if the annexation to Canada of the new territories pro- posed to be added to the Dominion was effected by Order in Council, the extended provisions of the Act 34 & 35 Vict. cap. 28. would after annexation give to the Govern- ment and Parliament of Canada full executive and legislative authority over the territories and islands in question.

That it appeared to you to be for obvious reasons undesirable to have recourse to legislation by the Imperial Parliament unless such a course was unavoidable.

In obedience to your commands we have the honour to

Report

That we confirm our opinion expressed in the Report of the 28th May 1878, that Her Majesty may by Order in Council annex the territories in North America belonging to the Crown, which are not included in the Dominion of Canada, to that Dominion.

▲ 12916.-187. 25.-12/84.

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ALL N

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We think that if such annexation were effected, the provisions of 34 & 35 Vict. c. 28. (to which our attention had not been drawn when we made our Report of the 28th May 1878) would give, after annexation, to the Governor and Parliament of Canada full executive and legislative authority over the territories and islands in question.

We have, &c.,

The Right Hon.

(Signed)

Sir Michael Hicks Beach, Bart.,

&c.

&c.

JOHN HOLKER, HARDINGE S. GIFFARD.

&c.

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