"of Upper Canada, intituled An Act respecting County Courts.'" Chapter 1.-The Supply Bill, in as far as it affects the salary of the Judges of the Superior Courts. The Committee concur in the recommendation contained in said annexed Report, and respectfully advise that the same be approve and carried out. With reference to the following Acts passed by the Legislature of the Province of Ontario, at its second Session (32 Victoria), the undersigned has the honor to report, as follows: That Chapter 3, intituled, " An Act to define the privileges, immunities, and powers "of the Legislative Assembly, and to give summary protection to persons employed in "the publication of Sessional Papers," is objectionable. By the 18th clause of the "British North America Act, 1867," it is enacted that the privileges, immunities, and powers to be held, enjoyed, and exercised by the Senate, and by the House of Commons of the Dominion of Canada, shall be such as shall be from time to time defined by Act of the Parliament of Canada, but so that the same shall never exceed those held, enjoyed, and exercised at the passing of such Act by the House of Commons of the United Kingdom. It is to be assumed that the power to pass an Act defining those privileges, was conferred upon the Parliament of Cana la, on the ground that without such a provision the Parliament of Canada could not have passed any such Act. It is clear from the current of judicial decision in England that neither of the branches of a Colonial Legislature have any inherent right to the privileges of the Imperial Parliament. Perhaps, however, under the legislative powers given to the Parliament of the Dominion by the 91st Section of the Union Act, to make laws "for the peace, order, and good government of Canada," it might have passed an Act without any enabling power from the paramount authority establishing and defining the privileges of its two Chambers. However this may be with respect to the General Parliament, it is to be observed that there is no clause in the Union Act similar to the 18th, giving to the Provincial Legislatures power to define or establish their privileges, and that no general powers of legislation for the good government of the Provinces, are given to their Legislatures. Their powers are strictly limited to those conferred by the 92nd, 93rd, 94th, and 95th clauses of the Union Act. By the Act in question, it will be seen that the Legislature of Ontario has declared that the Legislative Assembly and its members shall enjoy the same privileges as those exercised by the House of Commons of Canada. It would seem, therefore, that this Act is an excess of the power of the Provincial Legislature. If it has any power to legislate on the matter at all, it seems to follow that while the General Parliament can, under the 18 h clause, confer no greater privileges than those enjoyed by the Imperial House of Commons, the Provincial Legislature being bound by no such limitation, might, if it were so disposed, confer upon itself and its members privileges in excess of those belonging to the House of Commons of England. That the second section of Chapter 2?, intituled, "An Act to amend Chapter 15 of "the Consolidated Statutes of Upper Canada, intituled, 'An Act respecting County "Courts," is also objectionable. That section provides that the Judges of those Courts are to hold office during pleasure, and shall be subject to removal by the Lieutenant Governor for inability, incapacity, or misbehaviour, established to the satisfaction of the Lieutenant Governor in Council. By the 96th clause of the Union Act, the Governor General is to appoint County Court Judges; and by the 100th clause, the salaries, allowances, and pensions of those Judges are to be fixed and provided by the Parliament of Canada. The inconveniences that may arise from the appointing power being in the Governor General, and the power of removal also in him, at his pleasure, while there at the same time exists an independent power of removal in the Lieutenant Governor, are obvious. The Provincial Legislature evidently considered itself empowered to pass such an Act, by the 14th sub-section of the 92nd clause of the Union Act, by which the Provincial Legislatures have power to make laws in relation to the Administration of Justice in the Province, including the constitution, maintenance and organization of Provincial Courts. That the 6th section of Chapter 1, being the Supply Bill for 1869, is also objectionable, as by the 96th and 100th clauses of the Union Act, it is provided that the Governor General shall appoint the Judges of the Superior Courts, and the Parliament of Canada shall fix and provide their salaries, allowances and pensions; it would seem that the Judges of those Courts cannot properly, and without a breach of its provisions, receive emolument of any kind, from any but the power which appoints and pays them the legal salaries attached to their judicial positions. On these three Acts, the undersigned, on the 20th February last, made a Report to Your Excellency, which you were pleased to transmit to the Secretary of State for the Colonies, for the purpose of being referred to the Law Officers of the Crown in England; and the Attorney and Solicitor General have given their opinion, that it was not competent for the Legislature of Ontario to pass those Acts, or either of them. The undersigned recommends that the attention of the Government of Ontario be called to the two first mentioned Acts, and the 6th clause of the last Act, suggesting that they should be repealed next Session, and no action taken upon them meanwhile. He recommends also that a copy of Lord Granville's despatch on the subject, and of the opinion of the Law Officers of the Crown, be transmitted, with any Order in Council, that may be adopted on this Report, to the Government of Ontario. (Copy.) The Secretary of State for the Colonies to the Governor General. "An Act to define the privileges, immunities, and powers of the Legislative Assembly, and to give summary protec tion to persons employed in the publication of Sessional Papers." "An Act to amend Chapter 15, of the Con. Statutes of Upper Canada, intituled, An Act respecting County Courts.'" DOWNING STREET, 8th May, 1869. SIR,-In compliance with the request contained in your Despatch, No. 22, of the 11th March last, I caused a reference to be made to the Law Officers of the Crown, respecting the validity of certain Acts mentioned in the margin, lately passed by the Legislature of Ontario, and of a clause contained in the Supply Bill for 1869, passed by the same Legislature, relating to the increase of the salaries of the Judges of the Supreme Courts of the Province. I transmit to you, for your information, and for that of your Privy Council, the enclosed Copies of the Reply which has been received from the Law Officers, and of the letter from this Office, in which their opinion was requested. Governor the Right Honorable I have, &c., (Signed,) Sir John Young, Bart., G.C.B., &c., &c. GRANVILLE. The Under Secretary of State, Colonial Office, to the Law Officers of the Crown. (Copy.) DOWNING STREET, 27th April, 1869. SIR,-I am directed by Earl Granville to transmit to you copies of a Despatch from the Governor General of the Dominion of Canada, No. 22, of the 11th March, 1869, and of a Report from the Minister of Justice, enclosed therein, upon certain Acts passed by the Legislature of the Province of Ontario, and to request that you will, jointly with the Solicitor General and Attorney General, favor His Lordship with your opinion, whether it was competent for that Legislature to pass these Acts, or any of them. Copies of the commission and instructions to Sir J. Young, are annexed. 1 am, &c., (Signed,) To the Attorney General and Solicitor General. (Copy.) FREDERIC ROGERS. The Law Officers of the Crown to the Secretary of State, Colonial Office. TEMPLE, 4th May, 1869. MY LORD, We are honoured with your Lordship's commands, signified in Sir Frederic Rogers' letter of the 27th April, 1869, stating that he was directed by your Lordship, to transmit to us copies of a Despatch from the Governor General of the Dominion of Canada, No. 22, of the 11th March, 1869, and of a Report from the Minister of Justice, enclosed therein, upon certain Acts passed by the Legislature of the Province of Ontario, and to request that we would favour your Lordship with our opinion, whether it was competent for that Legislature to pass the Acts, or any of them. Sir Frederic Rogers was pleased to add, that copies of the commission with instruc tions to Sir J. Young, were annexed. In obedience to your Lordship's commands, we have the honor to reportThat we have considered the three several Acts to which your Lordship has been pleased to direct our attention, and we are of opinion that it was not competent for the Legislature of the Province of Ontario to pass such Acts, or either of them. We consider them inconsistent with the provisions of Sections 92 and 96 of the British North America Act. SIR,-I am directed to transmit to you herewith, for the information of your Government, a copy of an Order of His Excellency the Governor General in Council, together with a copy of the Report of the Honorable the Minister of Justice therein referred to, and of a Despatch and its enclosures from the Right Honorable the Colonial Secretary, on the subject of three Acts of the Legislature of the Province of Ontario, passed during the late Session (32 Victoria). The Hon. W. P. HOWLAND, C.B., Lieut.-Governor, Toronto. I have, &c., E. A. MEREDITH. SIR,-I am commanded by the Lieutenant Governor to transmit to you, for the information of His Excellency the Governor General, a Copy of a Minute passed by the Executive Council of Ontario, having reference to three Acts of the Ontario Legislature passed at its last Session, and pronounced objectionable in a Report of a Committee of the Privy Council, made on the 17th July last, founded upon a Report of the Minister of Justice, bearing date the 14th of the same month, copies of which documents, as also of a despatch and enclosures from the Colonial Office, were communicated to the Lieutenant Governor by letter from the Under Secretary of State for the Provinces. A copy of the Report of the Attorney General of Ontario, upon which action has been taken by the Executive Council, is also transmitted herewith. COPY of Minute of Council approved by His Excellency the Lieutenant Governor, 21st September, 1869. The Committee of Council have had under consideration the annexed Report of the Honorable the Attorney General on the subject of three several Acts of the Legislature of Ontario, passed during its last Session, as follows : 32 Vic., Chapter 3, intituled, "An Act to define the privileges, immunities, and "powers of the Legislative Assembly, and to give summary protection to persons employed in the publication of Sessional Papers." 66 Chapter 22, intituled, "An Act to amend Chapter 15 of the Consolidated Statutes of Upper Canada, intituled, 'An Act respecting Courts.' Chapter 1. The Supply Bill, in as far as it affects the Salary of the Judges of the Superior Courts, which Acts have been objected to by the Honorable Privy Council at Ottawa, in their Report dated 17th July, 1869, adopting the Report of the Honorable the Minister of Justice on the same subject, dated the 14th July, 1869. The Committee concur in the Report of the Honorable the Attorney General, and in the reasons therein given for the constitutionality of the said Acts, and advise that the same be approved of. Executive Council Chamber, Toronto, 25th September, 1869. Certified. (Signed,) JAMES ROSS, The undersigned, to whom His Excellency the Lieutenant Governor referred the letter of the Under Secretary of State, at Ottawa, dated the 24th day of July last, transmitting therewith certain Reports and Communications as per margin, and all bearing on specific objections to three several Acts passed during the last Session of the Ontario Legislature, has the honor to submit the following observations for His Excellency's consideration :-- 1. Report of the Honorable the Minister of Justice, dated 14th July, 1869, with Copy of Minute of Privy Council approving thereof, and dated 17th July, 1869. With respect to Chapter 3, intituled, "An Act to define 2. A copy of Despatch of 8th May, 1869 from the Col. Minister to His Excellency the Governor General. 3. Copy of Letter from Under Secretary of State to Law Officers of the Crown, dated 27th April, 1869, and letter from Law Officers of the Crown, dated 4th May, 1869, with their opinion, addressed to the Right Honorable the Earl of Granville, "the privileges, immunities, and powers of the Legislative Assembly, and to give summary protection to persons em'ployed in Publication of Sessional Papers," it is said the powers of the Legislature of Ontario are strictly limited to those conferred by the 92nd, 93rd, 94th, and 95th clauses of the Union Act, that there is no general power conferred on the respective Local Legislatures to enact laws for the good government of the Provinces, as there has been to the General or Dominion Legislature; and that the express provision contained in the 18th Section of the Union Act, granting to the Senate and House of Commons of Canada, and to the Members thereof respectively, "shall be such as are from time to "time defined by the Act of the Parliament of Canada, but so that the same shall never "exceed those, at the passing of this Act, held, enjoyed, and exercised by the Commons "House of Parliament of the United Kingdom of Great Britain and Ireland, and by "the Members thereof," shews that without such a provision the Parliament of Canada could not have passed such an Act. On these grounds it has been concluded that the Ontario Statute under consideration is in excess of the powers of the Ontario Legislation. To justify this conclusion, it is said that if the Local Legislature can pass such a law, because it is not transmitted, it may pass a law exceeding the limitation which has been placed on the Dominion Parliament by the 18th Section of the Union Act. Colonial Minister. It may not be quite easy to define precisely what power the Local Legislature may or may not lawfully exercise on the very numerous subjects which are within its jurisdiction. It cannot be denied that the Legislature must possess the power, if not by mere regulation, by Statute, at any rate, to provide for the orderly course of its proceedings; for freedom from arrest of its members whilst attending their duties, and for a reasonable time before and after each Session; for freedom of speech, not only against the Crown, but against private persons; for the right to publish and distribute generally such matters as may be deemed conducive to the public interest, without the risk of suit for publishing what might be otherwise deemed to be defamatory; and for the punishment of all persons guilty of contempt in the face of the House, or before its committees. For without such protection the Legislature would be unable to maintain its dignity, and would be more feeble than a Justice of the Peace, who has a right to punish for contempt committed at his petty sessions. And it would be singular that a Legislative Body, which can confer such privileges upon any Court or municipal body, should not be able to grant them to itself. The undersigned believes also that the Ontario Legislature could have gone beyond the privileges just named, and could have declared that members of the Legislature should be proceeded against in civil suits by a particular kind of process, and that all suits against them should be tried in a particular Court, or that no civil suit at all should be commenced or prosecuted against them during the Session of the House, or for a certain time before or after the Session. The undersigned is also of opinion that witnesses summoned to attend before the House or a Committee, should be liable to be proceeded against by the House for contempt in disobeying the process, or in decliming to give evidence or otherwise; and that all matters pertaining to election of Members should be tried and determined by the House. The only privileges which the House of Commons in England, possesses which may not be considered as applicable here, are when it acts as the Grand Inquest of the Nation to enquire into grave offences, and where it accuses for the purpose of a trial for the offence found; and when it adjudicates upon and punishes contempts out of the House. Yet the undersigned believes there is nothing to prevent the Legislature of Ontario from granting the power of inquisition to itself by Statute. It may, undoubtedly, withdraw the power from grand jurors by abolishing the grand |