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A—s

of this opinion to-day, though some of his predecessors, and, I believe, his predecessor in 1901, held a different view. But there is a serious question, a serious conflict of opinion when you come to the question of the jurisdiction of this Court. Lrider the Canadian Constitution the administration of justice does not belong to the central .government but to the Provincial governments. So that we have only one court in our country of a federal character, that is the Supreme Court, which is a Court of Appeal for the Provinces. But the provinces themselves have retained their jurisdiction and kept the liberty of going to the Privy Council, so that practically whilst the Dominion of Canada is represented at this Conference, the provinces of the dominion, in so far as they have retained for themselves the administration of justice, are not here represented, and it would be a delicate matter to pass finally without consulting them a question of so much importance. The question of jurisdiction will always be, so far as this Court is concerned, the one great difficulty. I am sure that 'the Imperial Government have no desire to impose their views as to what should be the jurisdiction. This should be left to the provinces themselves to determine. The Judicial Committee of the Privy Council have always decided—and it is a matter of common every day occurrence—that the King has retained his prerogative of allowing anyone who chooses to take an appeal before the Judicial Committee of the Privy Council. That appeal, which is an appeal of favour, has perhaps passed the day of its utility, and if I have any opinion to proffer upon this question it would be that all matters of jurisdiction should be relegated altogether to the parties interested—the provinces or the Parliaments—to determine whether and why there should be an appeal or not. On the whole, we have two resolutions presented to us, one by Mr. Deakin for the Commonwealth of Australia, and one by Cape Colony. I prefer for my part the resolution of Cape Colony. A further draft has been submitted to us which is based upon the resolution of the Cape Colony, and I would he disposed to accept it with the suggestion that one or two words should be eliminated. In the first paragraph the resolution runs as follows: "This " Conference, recognising the importance to all parts of the Empire of the " maintenance of the Appellate jurisdiction of His Majesty the King in " Council desires to place upon record its opinion." I would eliminate the word maintenance. Ido not object to the words "appellate jurisdiction," because I rather favour it, but in view of the conflict of opinion which exists in my country i would prefer those words out; they would not alter the sense very materially, but it would not he such an absolute pronouncement upon the matter. Mr. DEAKIN : Might I simply explain to Sir Wilfrid Laurier that I have no intention, either directly or by implication, of suggesting any legislation to the Imperial Parliament which could affect the present existing Commonwealth constitution. Nothing was further from my thoughts. From a desire for brevity I omitted to explain, as perhaps I ought to have done, that this co-ordinate jurisdiction of our High Court is only on a particular class of cases which may come before it, We have powers under the Commonwealth constitution to restrict appeals to the Privy Council from the Supreme Courts of the States, which we have not exercised, and next, subject to the consent of His Majesty, to still further restrict appeals to him! Neither of those powers has yet been exercised, and the consequence is, I think I should be safe in saying, that nineteen-twentieths of our cases are still open to appeal to the Judicial Committee of the Privy Council. Consequently, quite apart from the other issue I have raised, we have a great interest, having such a large 1 area of appeals to the Privy Council, in asking that the Imperial Cour tof Appeal, which we assume would be a body of stifl higher standing and repute, should deal with these appeals, quite apart

Seventh Day. 2(> April 1907.

Imperial Court of Appeal. (Sir W. laurier.)