CO129-537-3 Deportation Ordinance- 1932- Bill 8-3-1932 - 28-9-1932 — Page 29

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after hearing both sides at one and the same time, each side

being confronted by the other. His decisions (where not

final) are subject to a public remedy; and, until set aside

in the course of law, are binding upon all parties, including

(except in the exercise of the power of pardon) the Crown.

Reference to the bill will disclose that none of these

characteristics are to be discovered in the procedure pre-

scribed. I would submit that the legislature should not

cast upon the judges duties, which are not judicial in

method and which by reasons of secrecy and connection with

executive action are calculated to detract from public

confidence in the impartiality of the judicial office.

Further, where, as in proceedings under this bill,

the action of the authorities is liable to be called in

question in the Courts, it becomes all the more desirable

that the judges should not be involved at any stage in the

steps taken by executive authorities.

For these reasons I would respectfully suggest that

the duties under Clause 6 of the Bill should not be

imposed upon the judges.

it would appear desirable in this matter that any responsibility for deportation should be either assumed by the executive authority or, if not so to be assumed, should be entrusted effectually to the judges. A procedure which leaves all power of action with the executive authority enriched by the colour of a judicial enquiry, is in my

opinion undesirable.

His Excellency

I have the honour to be,

Sir,

Your Excellency's most obedient servant,

Sir William Peel, K.C.M.G.

Governor.

(Sd). J.R. Wood.

Puisne Judge.