A.—s

220

" grant special leave to appeal in cases where there exists no right of appeal " were, under definite rules and restrictions, delegated to the discretion of " the local courts." 1 would rather see that done by the central authority than by the judicial authority. The LORD CHANCELLOR : I think what it means is that leave to appeal in a particular case—not the general rule lying down when there should be leave to appeal—should be put in the power of the local courts to give, instead of litigants being obliged to come and apply to the Privy Council for leave. Sir WILFRID LAI PIER: That could be done without legislative authority. I know in my Province, when I was a young member, an interesting discussion took place on this pojnt. The LORD CHANCELLOR: You would have to do it by Act of Parliament. It is in the case of the Crown Colonies that we do it by Order in Council. Sir WI LFRID LAURIER : Yes, and a great many members favour the absolute abolition of the prerogative of the Crown to hear any complaints from any subject all over the world. It was conceded that Canada under our Act could take away that prerogative, but the opinion prevailed at that time that the right should not be interfered with. Whilst in sonic cases we have restricted the number of appeals, no man can take away the right of appeal to the Privy Council. If a case involves over 2,000 dollars, he can come as of right to the Privy Council; but, as a matter of fact, he can come to the Crown and ask for leave to appeal. I would prefer to leave this. Dr. JAMESON : This is made to a great extent unnecessary by the further Resolution which we have brought in in concert to-day, where we say what we want is to have power to legislate, and then, when we form a special court of appeal, that there shall be only certain things which shall be capable of being the subject of appeal to the Privy Council, and power to grant that leave shall be left in the hands of the final court. Sir WILFRID LAURIER : I would rather say it should be in the hands of Parliament. Dr. JAMESON : It would be Parliament really, because Parliament would legislate as to that point. Sir WILFRID LAURIER : It would satisfy me if you were to say : " That much uncertainty, expense, and delay would be avoided if some " portion of His Majesty's prerogative to grant special leave to appeal in " cases where there exists no right of appeal were, under definite rules and " restrictions " leaving the rest out. Dr. JAMESON : lam quite willing to do that. Our fourth Resolution practically puts it in the hands of the local courts. The LORD CHANCELLOR : I misapprehended the point Sir Wilfrid was taking. It is obvious the Privy Council cannot make laws to govern

Seventh Day. 26 April 1907.

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