9 Matching Annotations
  1. Sep 2018
    1. The whole of the clauses which refer to the latter are as complete as the most ardent supporters of union could desire, tempered by the lew exceptions by means of which the provinces have wished to shelter their local institutions from attack.

      §§.92(14) and 101 of the Constitution Act, 1867. of the Constitution Act, 1867.

    2. The 34th paragraph of the 29th clause of the scheme reads thus: ” The establishment of a General Court of Appeal for the Federated Provinces.” What is the object—what will be the character of the tribunal?

      §§.92(14) and 101 of the Constitution Act, 1867. of the Constitution Act, 1867.

    1. [Page 248]
    2. There is a provision that the nomination of the judges of the superior courts shall be vested in the General Government, but it would seem that the constitution of the courts is to be left to the local governments ; and I put the question, What does this mean ? Do you mean that the local governments are to establish as many courts as they please, declare of how many judges they will be composed, and that the General Government will have to pay for them ? Is a local government to say, here is a court with three judges ; we want five, and those five must be appointed and paid by the General Government ?

      §§.92(14), 96, and 100 of the Constitution Act, 1867.

  2. Mar 2018
    1. The control of property and civil rights, the administration of justice, including the constitution, maintenance, and organization of the courts of civil jurisdiction, and the procedure in civil matters, were also left to the local legislatures. From the peculiar position of Lower Canada it was felt impossible to confide the matter of civil law to the General Legislature. The principles upon which the civil law of Lower Canada were founded differed entirely from those of the English law. Under it property was secured, and civil rights of every kind maintained, and the people had no particular wish to see it changed, especially at this moment, when the work of codifying and simplifying it was about completed, and when they knew that within the next three or four months they would have it put into their hands in one volume. He thought it was undesirable to do away with that law, which had been beneficial to the country and under which it had prospered. It was necessary to have it left to the local Legislature, because all in Lower Canada were unwilling to have substituted another law with which they were unacquainted.

      §§.92(13)(14) of the Constitution Act, 1867.