CO885-(15-16) — Page 315

11611

SIR,

No. 219.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

[Petition of Right of Mr. J.-O. Fournier.]

Royal Courts of Justice,

March 31, 1904. WE were honoured with your commands, signified to us by Mr. Bertram Cox in his letter of the 15th instant, stating that he was directed by you to request our report upon certain questions arising out of the presentation to His Majesty, of a petition to His Majesty by a Mr. J. O. Fournier of Montreal for a fiat to enable him to proceed by way of Petition of Right in the Canadian Courts.

That he was to transmit to us a despatch from the Governor-General of Canada, together with the petition referred to and a memorandum by the Minister of Justice upon the matters therein dealt with, together with the Canadian Statutes bearing upon the case, and that he was to call our attention to our report of the 21st of November, 1903,* and to previous reports of Law Officers of the Crown upon ques- tions relating to Petitions of Right.

That the Petitioner had approached the Dominion Government in the matter, but having regard to the provisions of Section 109 of the British North America Act, 1867, it would seem that any legal action must be taken, if at all, in the Supreme Court of the Province and not in the Supreme Court of the Dominion of Canada.

That it would be observed that the Governor-General did not appear to have formally refused to give His Majesty's fiat, and that, therefore, the question might arise whether he should not reconsider the question in the view of any matters raised by our report upon the question.

That he was to request us to take these papers into our consideration and to advise you :-

(1) What action should be taken with regard to the petition presented to His Majesty!

(2) Should His Majesty's fiat be granted having regard to the facts disclosed by the petition?

(3) If so, should it under all the circumstances be granted here or by the Governor-General of Canada or by the Lieutenant-Governor of the Province concerned?

(4) In what Court should proceedings be taken if at all?

(5) What reply should be made to the Governnient of Canada?

We have taken the matter into our consideration, and in obedience to your commands, have the honour to

Report--

That (1 and 2), in our opinion, upon the materials at present furnished, His Majesty should not, without further inquiry, be advised to grant a fiat. We would suggest that the Dominion Government should request the Lieutenant-Governor of the Province to make enquiry as to the dealings (if any) by the Government with reference to the lands in question. The petition should be held over in the mean- while to be dealt with after further information is obtained.

(3 and 4) Do not arise at present.

(5) The Canadian Government should be advised as above.

The Right Honourable,

Alfred Lyttelton, M.P.,

&c.. &c.. &c.

25 We

401 D&S ด 17833

• No. 205

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

PUBLIC RECORD OFFICE

Reference :-

mami

IC.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

4