The House went into Committee of the | 000 each, thus placing them on the same Whole on the Bill, Mr. WOOD in the footing as the salaries of Ministers of the chair. Crown.

as

be adopted. There was no necessity what- | court should not be held in rotation at ever for any writs of error or other mode the different chief cities. of procedure than one simply applicable to all cases. He would direct attention to the fact that the procedure he suggested would be a simple notice given to the opposite party filed in two different courts with proper security or other preliminary requisites that might be considered expedient before the right of appeal would attack. One point was lost sight of entirely in the Bill which was this-that we could not do away with the right of appeal to the Judicial Committee of the Privy Council for it was not within the power of Parliament to do so. By section 17 the right of appeal was given when the amount reached $1,000; but this should be altered so as to give the right of appeal when the sum was that amount, and also in cases where the importance seemed to demand it. There was also a set of clauses connecting with section 58 to which he could not agree. Their object was that when a question arose in any court in the different Provinces in which the question of the validity or ultra vires of the particular and of the Local Legislatures or of the Dominion Parliament was raised, it immediately removed the jurisdiction from that court and forced the litigant in the Supreme Court which would only hold its sittings at Ottawa. As every lawyer of experience knew, that would cause great hardship. The clauses from 58 to 62 which had reference to the Exchequer Court were entirely unnecessary. A grave mistake had been made in making provision in the Bill for such a court. He believed there was ample jurisdiction in the different Provinces for deciding Exchequer cases, and for dealing with them more conveniently and at less expense than before the proposed court. Another powerful argument against the creation of an Exchequer Court was the fact that if this court were created for original jurisdiction, there was necessarily no appeal from it. Of course the parties might appeal before the same Judges but that would be unsatisfactory. Another objection was the provision made for the residence of all the Judges to be at Ottawa, while a more advantageous arrangement would be to have them residing in the capitals of the other Provinces, where they could hear preliminary matters in Chambers. There was no reason, moreover why the terms of the Mr. Palmer.

Mr. TASCHEREAU said the vast importance of this measure, the great interest which it may effect, especially in the Province of Quebec, would well form an ex cuse for a young member of this House like him to take part in this debate. Bu in taking the floor he would confine him self to making a few remarks with respec to a part only of the Bill now before them the general principle of which he full approved and acquiesced in. He had mer tioned the Province of Quebec as bein especially interested in this discussion This interest arises out of the civil ap pellate jurisdiction proposed to be give to the Supreme Court, and of the peculia position of that Province with regard t her institutions and her laws compare with those of the other Provinces. Situate in th she Province is, no Dominion is so greatly interested as o own in the passage of the Act now und discussion, and which before many da are over, will form a most importa chapter in the statute books of the Domi ion. Far from him was the least intenti of speaking in a sectional point of view, raising any kind of prejudice. But th had as legislators to deal with facts, a facts he intended to submit to their co sideration, if the House could give him moment's attention. They had in Queb their own laws of real estate, own tes mentary and succession laws, their o laws respecting marriage communi marriage contracts and dower, their la of contracts, and laws of procedure. Ev our commercial laws were distinct fr those of the other Provinces, except regards evidence. In a word, they h their good old French laws which] been secured to us by solemn treaties, la of which they were so proud, and un which their forefathers had lived so hap and he might add, so loyal, under the tection of the British Crown. All ti laws had a few years ago been codified the most eminent jurists of their Provi and at the present time their two Code Civil Law and of Civil Procedure co well bear the comparison with the Fre The Eng modern Napoleon Codes. speaking citizens of Lower Canada long been accustomed to see their‹ rights governed by these laws, they learned to admire and cherish them,

they were now perhaps as firmly attached | nor even the necessity, of the creation of a to them as the French Canadian popula- Supreme Court and of an Exchequer tion was. In fact he hoped to see the day Court for all the other purposes indicated when all their sister Provinces, seeing the in the Bill. As regarded their civil cases, perfectness of their Codes, would adopt he humbly thought that the people of their them as their laws of the land. But the Province were quite satisfied with the more they were attached to their dear old different degrees of jurisdiction now existlaws, to their own legal machinery, so ing in Quebec. It was a well known different, so widely different from the fact that their court of last resort, the system of the other Provinces, the more Court of Queen's Bench, was now so comthey were inclined to see a danger in posed as to inspire full confidence and all innovations proposed, in all new juris-respect. dictions which were intended to be established, and he thought he was not going too far when he said that when a Supreme Tribunal of Appeal was proposed to be created outside their Province, composed of Judges, the great majority of whom would he unfamiliar with the civil laws of Quebec, which tribunal would be called upon to revise and would have the power to reverse the decisions of all their Quebec Courts, there was, for them at least, cause for alarm, if not a danger, a great danger to be apprehended. He would perhaps be told that the same anomaly exists, that the same danger is constantly impending over them by the exercise of the right of appeal to the Queen's Privy Council in England. True, the appeal to the Privy Council had often proved fatal to suitors who had succeeded in all their courts, and sometimes by the unanimous voice of all their Judges in Lower Canada. True, some of the decisions of the Privy Council had been rendered contrary to the plainest principles of their civil law; but this evil had been, and is a necessary, an inevitable one. The right of appeal to the Privy Council could not be prevented, except by Imperial legislation, and moreover it could be exercised only in cases where the amount or value of the thing demanded exceeded £500 sterling. Because of a danger they could not escape from, it might properly be asked if they were now justified in accepting, in fact in creating, another evil, the necessity of which was not felt, and with the fact before them that the right of appeal to England would still be preserved and exercised, over and above the appeal to the Supreme Court. Of course his remarks applied to the Bill now under discussion, in so far only as regarded the appellate jurisdiction of the Supreme Court in civil cases coming from the Province of Quebec. He did not intend to contest the desirability,

Mr. Taschereau.

Of the decisions of this high and enlightened tribunal, the Bill proposed that an appeal will lie to the Supreme Court in all cases where the amount or value of the thing demanded shall exceed $1,000 currency. Well, how would these cases be disposed of? Out of six Judges who would compose the Supreme Court, he did not expect that their own Province would be represented by more than two Judges, and our own population, the French Canadian element, by more than one Judge perhaps. Without alluding for the present to the unfairness of this proportion, if it was adopted, and without insisting now on the fact that their population was about one-fourth of the population of the whole Dominion, he would content himself with laying down this proposition:-one of of two things. Either the two Judges from Quebec would, in fact, control the whole Court in the decision of civil cases coming from Lower Canada, and in that case the authority of their Court of Queen's Bench, composed of five Judges, would be superseded by that of two Judges, who could not be possibly more competent than the members of their Court of Appeals, and might possibly be inferior to them. And, moreover, in that case, the two Judges from Quebec might differ one from the other, and then the decision of the case would rest altogether with the other members of the court, unfamiliar with their laws and customs. Or, in the other supposition, the entire court will presume to hear and judge their civil cases, and then their two Judges, although agreeing together, might find themselves in a minority, and then they should find perhaps the decision of all their Lower Canada courts, of all their Lower Canada Judges, reversed by Judges of other Provinces. The truth, the exact truth of this proposition could not be denied, and the danger to which he drew their attention was too apparent and

any matter coming within any of the classes of subjects enumerated in this section shall not be deemed to come within the class of matters of a local or private nature, comprised in the enumeration of the classes of sub

too imminent to be overlooked. If it | ed in the enumeration of the classes of were possible (and he made this sugges- subjects by this Act assigned exclusively tion with all due respect), to increase the to the Legislatures of the Provinces. number of the Judges of the Supreme And Court so as to allow their Province a representation of three, then it could be enacted that for the decision of civil cases from Quebec, a sub-division of the court, composed of only the Judges from Quebec, or of a majority of them, would take cog-jects by this Act assigned exclusively to nizance of these cases. This would be the Legislatures of the Provinces.” So at least a safe-guard against one of the the only legislation the Parliament of evils of the system. Another objection to Canada can make with regard to Common the proposed appeal is this :-Their coun- Law is a legislation in Criminal Law and try people, their farmers, who owned the Procedure in criminal matters. Clause 92, soil, who were exposed to frequent and under the heading "Executive Powers of most important litigation, could generally Provincial Legislatures," reads as follows: well afford the costs of and appeal to the "In each Province the Legislature may court of Queen's Bench. But he doubted exclusively make laws in relation to matvery much if they could, in most cases, ters coming within the classes of subjects and without ruin to themselves and their next hereinafter mentioned: Property and families, go a further step and sustain civil rights in the Province; The adminthe burden of another appeal to the Sup-istration of Justice in the Province, reme Court, while a rich, and perhaps dis- including the constitution, maintenance honest, neighbor could always force them and organization of Provincial Courts, both to advocate once more their just rights of civil and criminal jurisdiction, and before that tribnnal, at comparatively including procedure in civil matters in enormous costs. He desired now to men- those courts; generally all matters of a tion the very grave doubts which had merely local or private nature in the been expressed as regarded the constitution- Province." Now clause 101 is the one ality of the measure in so far as appeals to under which it is pretended we possess the the Supreme Court in civil cases were necessary powers to pass this measure with allowed. These doubts for his part he all its provisions. It reads as follows: could not help entertaining, and he ven- "The Parliament of Canada may, notwithtured most humbly to express them. standing anything in this Act, from time Under the heading "Power of Parliament to time, provide for the constitution, mainof Canada," he found in the "British North tenance and organization of a General America Act of 1867," clause 91, as fol Court of Appeal for Canada, and for the lows :-"It shall be lawful for the QUEEN, establishment of any additional courts for by and with the advice and consent of the the better administration of the laws of Senate and House of Commons, to make Canada." If he read this clause well, they laws for the peace, order, and good gov- could not do more than constitute, mainernment of Canada, in relation to all mat- tain and organize a General Court of ters not coming within the classes of sub- Appeal for Canada and for the better jects by this Act assigned exclusively to administration of the laws of Canada. Now the Legislatures of the Provinces, and for the civil laws of Quebec were not laws of greater certainty, but not so as to restrict Canada. He did not see that they posthe generality of the foregoing terms of sessed the power to give to that court this section, it is hereby declared that jurisdiction over cases coming under the (notwithstanding anything in this Act) civil laws of a particular Province, because the exclusive legislative authority of the this would interfere with property and Parliament of Canada extends to all mat- civil rights, and procedure in civil matters, ters coming within the classes of subjects which by clause 92 were within the exclunext hereinafter ennmerated. The crim- sive powers of Provincial Legislatures. inal law, except the constitution of courts He could not convince himself that the of criminal jurisdiction, but including the "power to provide for the constitution, procedure in criminal matters. Such maintenance and organization of a court” classes of subjects as are expressly except- means and includes the power to give Mr. Taschereau.