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Act, 1867," to admit British Columbia into the Union or Dominion of Canada, on the basis of the terms and conditions offered to this Colony by the Government of the Dominion of Canada, hereinbefore set forth; and inasmuch as by the said terms British Columbia is empowered in its address to specify the electoral districts for which the first election of members to serve in the House of Commons shall take place, we humbly pray that such electoral districts may be declared, under the Order in Council, to be as follows: (Here follows an enumeration of such districts. See now R. S. C. c. 6).

We further humbly represent, that the proposed terms and conditions of Union of British Columbia with Canada, as stated in the said Address, are in conformity with those preliminarily agreed upon between delegates from British Columbia and the Members of the Government of the Dominion of Canada, and embodied in a Report of a Committee of the Privy Council, approved by His Excellency the Governor-General in Council, on the 1st July, 1870, which approved Report is as follows:

Copy of a Report of a Committee of the Honorable the Privy Council, approved by His Excellency the Governor-General in Council, on the 1st of July,

1870.

The Committee of the Privy Council have had under consideration a Despatch, dated the 7th May, 1870, from the Governor of British Columbia, together with certain Resolutions submitted by the Government of that colony to the Legislative Council thereof both hereunto annexed -on the subject of the proposed Union of British Columbia with the Dominion of Canada; and after several interviews between them and the Honorable Messrs. Trutch, Helmcken and Carrall, the Delegates from British Columbia, and full discussion with them of the various questions connected with that important subject, the Committee now respectfully submit for Your Excellency's

approval, the following terms and conditions to form the basis of a political union between British Columbia and the Dominion of Canada: (Setting out such terms as before).

(Certified.)

WM. H. LEE,

Clerk Privy Council.

We further humbly represent that we concur in the terms and conditions of Union set forth in the said Address, and approved Report of the Committee of the Privy Council above mentioned; and most respectfully pray that your Majesty will be graciously pleased, by and with the advice of your Majesty's most Honorable Privy Council, under the 146th clause of "The British North America Act, 1867," to unite British Columbia with the Dominion of Canada, on the terms and conditions above set forth.

The Senate, Wednesday, April 5th, 1871.

(Signed.)

JOSEPH CAUCHON, Speaker.

Provincial Constitution.

Before the Union took effect, British Columbia had made the intended alteration referred to in item 14, aboveby Act of the colonial legislature (No. 147 of 34 Vic.) This statute recites an Imperial Order in Council of 9th August, 1870, which established in the colony a legislative council, consisting of nine elective and six non-elective members, and which gave power to the Governor of the colony, with the advice and consent of the legislative council, to make laws for the peace, order, and good government of the colony; it recites also the Colonial Laws Validity Act, 1865 (), as sufficient warrant for the contemplated change. in the colonial constitution; and then proceeds to abolish the legislative council and to establish in its stead a legis

(h) See ante, p. 422. See the Act in Appendix.

lative assembly of wholly elective members. The present provincial constitution can be studied in the Consolidated Statutes of the province (1888) chapter 22.

Introduction of English Law.

In the same session (by Act No. 70 of 34 Vic.) it was provided that

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The civil and criminal laws of England, as the same existed on the 19th day of November, 1858, and so far as the same are not from local circumstances inapplicable, are and shall be in force in all parts of the colony of British Columbia.”

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This statute was held (i) to introduce the English Matrimonial Causes Act, 1857," Chief Justice Begbie, however, dissenting from the judgment of the majority, the local circumstances of the colony precluding, in his opinion, its operation therein.

In Reynolds v. Vaughan (j), it was held that under this statute Imperial Orders in Council, even though passed pursuant to Imperial statutes which were themselves in force in the colony, would not operate therein, unless made specially applicable by subsequent Imperial or colonial

enactment.

We may note also the case of Sproule v. Reg. (k), in which is discussed the question as to the operation of provincial jury laws in criminal cases. It includes in " organization " some matters in reference to the procurement of a jury, which in Ontario were deemed matters of "procedure," and in this view upholds provincial legislation even apart. from the Dominion Criminal Procedure Act.

Reference to the decisions of the British Columbia courts—particularly those of date closely following the admission of the province-discloses that very extreme

(i) M. falsely called S. v. S., 1 B. C. Rep. 25.

(j) 1 B. C. Rep. 3.

(k) 2 B. C. Rep. 219; see ante, p. 417.

views were entertained as to the predominancy of the parliament of Canada over the provincial legislatures. The formula (1) enunciated in Fredericton v. Reg. was adopted, and in the "Thrasher" Case (m) carried to lengths which in view of the later decisions cannot be maintained. We should, however, note that in British Columbia have arisen the only cases in reference to the power of a provincial legislature to legislate in regard to aliens. The "Chinese Tax Act, 1878," was held (n) ultra vires as an infringement upon the power of the Dominion parliament over trade and commerce and over aliens, and as inconsistent with the provisions of section 132 of the B. N. A. Act, vesting in that parliament power to pass laws in aid of the treaty obligations of the Empire so far as they affect Canada. In two later cases (o) the same principle was applied, and a provincial Act imposing a differential tax upon Chinese miners was also held invalid.

By R. S. C. c. 144, s. 2, it is provided :

2. The criminal law of England as it stood on the 19th day of November, in the year 1858, and as the same has since been repealed, altered, varied, modified or affected by any ordinance or Act (still having the force of law) of the colony of British Columbia, or of the colony of Vancouver Island before the Union of such colonies, or of the colony of British Columbia passed since such Union, or by any Act of the parliament of Canada, shall be the criminal law of the province of British Columbia.

In view of the recent codification of our criminal law, it is not worth while to discuss the effect of this enactment on the Colonial Act which made "applicability" the test (p), of the introduction into the colony of English law.

(1) See ante, p. 206.

(m) 1 B. C. Rep. 153.

(n) Tai Sing v. Maguire, 1 B. C. Rep. 101 —Mr. Justice Gray.

(0) Reg. v. Wing Chong, 2 B. C. Rep. 150; Reg. v. Gold Commissioners of Victoria, ib. 260—Sup. Ct. B. C.; see also notes to s. 91, s-s. 25. (p) See ante, p. 615; see also chapter V. upon the general question.

CHAPTER XVI.

PRINCE EDWARD ISLAND.

The admission of Prince Edward Island to the Dominion was effected by the following Order in Council:

At the Court at Windsor, the 26th day of June, 1873.

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WHEREAS by the "British North America Act, 1867," provision was made for the Union of the Provinces of Canada, Nova Scotia and New Brunswick into the Dominion of Canada, and it was (amongst other things) enacted that it should be lawful for the Queen, by and with the advice of Her Majesty's Most Honorable Privy Council, on Addresses from the Houses of the Parliament of Canada, and of the Legislature of the Colony of Prince Edward Island, to admit that Colony into the said Union on such terms and conditions as should be in the Addresses expressed, and as the Queen should think fit to approve, subject to the provisions of the said Act; and it was further enacted that the provisions of any Order in

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