Offences committed in unorganized territories.-Jurisdiction.— Procedure.

586. All offences committed in any part of Canada not in a province duly constituted as such and not in the Yukon Territory may be inquired of and tried within any district, county or place in any province so constituted or in the Yukon Territory as may be most convenient.

2. Such offences shall be within the jurisdiction of any court having jurisdiction over offences of the like nature committed within the limits of such district, county or place.

3. Such court shall proceed to trial, judgment and execution or other punishment for any such offence in the same manner as if such offence had been committed within the district, county or place where the trial is had.

Origin]-6-7 Edw. VII, Can., ch. 8, sec. 2; 62-63 Vict., Can., ch. 47,

sec. 1.

Jurisdiction of Provincial courts and justices.

587. The several courts of criminal jurisdiction in the provinces aforesaid, and in the Yukon Territory, including justices, shall have the same powers, jurisdiction and authority in case of such offences as they respectively have with reference to offences within their ordinary jurisdiction as provincial or territorial courts.

Origin]-6-7 Edw. VII, Can., ch. 8, sec. 2; 62-63 Vict., ch. 47, sec. 2. Jurisdiction of courts and justices as to offences in unorganized territories of Canada not included in any province]-The offences here referred to are those mentioned in the preceding section 586, which formed a part of the same original enactment, 62-63 Vict., ch. 47.

Juvenile courts]-Where juvenile courts have been established under the Juvenile Delinquents Act, Can., 1908, ch. 40, as amended by 1912, ch. 30 and 1914, ch. 39, its provisions will control as to trials of children under sixteen years of age. See note to Code sec. 821.

Offences committed in the district of Gaspé.

588. Whenever any offence is committed in the district of Gaspé, the offender, if committed to gaol before trial, may be committed to the common gaol of the county in which the offence

was committed, or may, in law, be deemed to have been committed, and if tried before the Court of King's Bench, he shall be so tried at the sitting of such court held in the county to the gaol of which he has been committed, and if imprisoned in the common gaol after trial he shall be so imprisoned in the common gaol of the county in which he has been tried.

Origin]-Code of 1892, sec. 556; R.S.C. 1886, ch. 174, sec. 15. When bays and gulfs form part of adjacent county]-See note to sec. 591.

PART XII.

SPECIAL PROCEDURE AND POWERS.

Offences Requiring Statute.

Offences against Imperial statutes.

589. No person shall be proceeded against for any offence against any Act of the Parliament of England, of Great Britain, or of the United Kingdom of Great Britain and Ireland, unless. such Act is, by the express terms thereof, or of some other Act of such Parliament, made applicable to Canada or some portion thereof as part of His Majesty's dominions or possessions.,

Origin]-Code of 1892, sec. 5.

Criminal offences declared by Imperial Statutes]-Notwithstanding the general legislative authority conferred by the British North America Act upon the Canadian Parliament to deal with the criminal law, there remains the jurisdiction of the British Parliament to legislate in matters of concern to the Empire at large, and with reference to such to declare that an Imperial statute shall be operative not only in Great Britain, but in all British possessions or colonies. Of this class are the Merchant Shipping Act, 1894, Imp., and its amendments, the Army Act, the Prisoners of War Escape Act, 52 Geo. III, ch. 156 (as amended, 54-55 Vict., Imp., ch. 69), and statutes relating to the jurisdiction of the Admiralty such as the Territorial Waters Jurisdiction Act, 1878, Imp.

Some of the Imperial Acts having an extended application throughout British territory are expressed to be subject to acceptance and adoption of same by the local legislature or parliament so far as concerns matters as to which a constitutional power to legislate has been conferred. See the Army Act, 44-45 Vict., Imp., ch. 58, secs. 176-177, the Army Amendment Acts, 1909, and 1912 Imp., and the Militia Act (Canada), R.S.C. 1906, ch. 41, secs. 74 and 99.

In other cases the form of the Imperial statute is to make the law expressly applicable to British possessions beyond the seas (thus including Canada) and to reserve to the Imperial Executive the right to suspend by Order-in-Council the operation of the statute in the selfgoverning colony when its parliament has passed a suitable statute along similar lines. See the Extradition Act, 1870, 33-34 Vict., Imp.,

.

ch. 52, secs. 17 and 18; the Patents, Designs and Trade Marks Act, 1883 (Imp.), sec. 103, and Code secs. 335 (s), 486, 495.

It is submitted that in provinces other than Ontario, Manitoba and British Columbia, sec. 589 has made it no longer necessary to consider whether an English criminal law statute in force in England at the time of the occupancy, conquest or cession of the province, was of such a nature as to be applicable to the newly acquired territory. See Doe d. Anderson v. Todd, 2 U.C.Q.B. 84; Beasley v. Cahill, 2 U.C.Q.B. 320; Uniacke v. Dickson, 1 James 300; Smyth v. McDonald, 1 Oldright, 274; Shea v. Choat, 2 U.C.Q.B. 11. And even as to the common law where generally adopted in a colony acquired by occupancy, the adoption may be a limited one excluding parts of the common law, incompatible with colonial conditions. Uniacke v. Dickson, 1 James (N.S.), 289; and see R. v. Mercer, 17 U.C.Q.B. 602; R. v. Moodie, 20 U.C.Q.B. 389; Reid v. Inglis, 12 U.C.C.P. 195.

As to the provinces named, Code secs. 10, 11 and 12 introduce the criminal law of England, whether statutory or common law, with the qualifications contained in those sections.

The object of the Colonial Laws Validity Act, 28-29 Vict., (Imp.), ch. 63, was to conserve the right of the Imperial Parliament to legislate for the colonies by enactment expressly made applicable to them, and where such legislation had taken place to invalidate any colonial legislation repugnant thereto; but it was not intended to invalidate colonial laws because they happened to be repugnant to English law, where no such express legislation by the Imperial Parliament had taken place. R. v. Marais, [1902] A.C. 51.

The Fugitive Offenders Act, 1881, Imp., dealing with the extradition of fugitive criminals from one part of the British Empire to another for trial, is from its nature expressly applicable to and in force in Canada.

The effect of sec. 589 of the Code is to declare that unless an Imperial statute creating an offence is made applicable to Canada by express terms contained in the same or some other Imperial statute, it is not of its own force to be considered effective in Canada as a ground for a criminal prosecution; but it will be effective in Canada if it has been expressly adopted by Canadian legislation; see secs. 10-12.

English common law as applied to crimes]

Sec. 589 must be read along with Code secs. 10-12, declaring that the criminal law of England as of the various dates therein mentioned as to the provinces of Ontario, British Columbia and Manitoba, shall be the criminal law of the province except as varied by provincial or Dominion law. See Hopkins v. Smith, 1 O.L.R. 659. It is to be noted, moreover, that sec. 589 deals only with the English statute law, and says nothing in regard to the English common law which has been held to be still operative as regards common law crimes as to which no provision has been made in the Code. R. v. Cole (1902), 3 O.L.R. 389,

5 Can. Cr. Cas. 330. And as many of the old English statutes have been held to be merely declaratory of the common law, it may still be possible to prosecute for some common law crime overlooked in the codification, although the prosecution in such case should not in terms be under the declaratory English statute in provinces other than Ontario, Manitoba and British Columbia; see secs. 10-12, and note to sec. 16.

As to British Columbia, see also re Dean, (1913) 3 W.W.R. 1037, 48 S.C.R. 235, 20 Can. Cr. Cas. 374; R. v. Dean, 18 B.C.R. 18.

Repeal by Imperial Parliament of statute expressly applicable to Canada]-It would seem that the granting of a constitution and powers of self-government to a colony does not confer upon the colony the power to amend or repeal as to the colony a prior Imperial statute which "by express terms " had been made applicable to the colony, though the colony might repeal or amend the general English law, whether statutory or common law, which it had acquired by settlement or cession. R. v. Schram, 14 U.C.C.P. 318; Clement's Canadian Constitution, 3rd ed., 63. An Imperial Act expressly extending to Canada and to British Colonies is subject to amendment or repeal by the Imperial Parliament. Bank of Upper Canada v. Bethune, 4 U.C.Q.B. (Old series) 165.

If, after the grant of a constitution and independent powers of legislation, an English statute which had been introduced into a colony as a part of the general English law and not by statute expressly applicable to the colony, is repealed in England, it will continue to apply in the colony until there repealed so far as concerns such self-governing colony, because the provisions of the English repealing statute, which are substituted for the repealed statute, do not then extend to the colony. Kerr v. Burns, 4 Allen, N.B. 609; following James v. McLean, 3 Allen, N.B. 164.

Prosecutions for trade conspiracy.

590. No prosecution shall be maintainable against any person for conspiracy in refusing to work with or for any employer or workman, or for doing any act or causing any act to be done for the purpose of a trade combination, unless such act is an offence punishable by statute.

Origin]-Code of 1892, sec. 518; 53 Vict., Can., ch. 37, sec. 19. Conspiracy of workmen]-See the exception as to combines of workmen for their reasonable protection as such contained in Code secs. 497 and 498 (2).

"Trade combination "]-See definition in sec. 2 (38).

Trade conspiracies and combinations]-See Code secs. 2 (38), 496503, 581, 590, 1012; Conciliation and Labour Act, R.S.C. 1906, ch. 96;

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