Mr. MACDONALD (Pictou) :
Exclusively, to the extent that under section 92 of the British North America Act the organization of the courts is committed entirely to the legislature of each province. I submit that the only reason why the appointing power was vested in the Dominion Parliament was the theory that the Governor General was the sole representative of His Majesty in Canada. Down to the time of the decision in the Maritime Bank Case the theory obtained that His Majesty was not present in regard to provincial legislation, and that consequently there was no power vested in the Lieutenant-Governor to make judicial appointments as the direct representative of His Majesty. Since then that theory has been held to be bad law, and to-day the right of the provinces to deal with matters entirely within their jurisdiction is unquestioned, and I think it is rather too late in the day for us to say that we have any reviewing power in such matters.
Resolution reported and concurred in.
Sir LOMER GOUIN thereupon moved for leave to introduce Bill No. 19, to amend the Judges' Act, founded on the Resolution.
Subtopic: ADDITIONAL JUDGE, SASKATCHEWAN COURT OF APPEAL