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Canada under British Rule, 1760–1900

by John George Bourinot

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Canada. Australia

The Judiciary. The Judiciary.

The same. The parliament of the
          commonwealth can establish a
          federal supreme court, called
          the High Court of Australia,
          and other federal courts for
          the commonwealth; the judges
          to be appointed by the
          governor-general, to hold
          office during good behaviour,
   No such provision with respect not to be removed except upon
   to diminution of salary during an address of both houses of
   tenure of office. parliament, but so that the
          salary paid to any judge shall
          not be diminished during his
          continuance in office.

Similar provisions by statutory The high court can adjudicate
   enactments of Dominion in cases arising out of the
   parliament. constitution, or controversies
          between states, or in which the
          commonwealth is a party.

No such stringent provision Appeals only allowed to exists in the Canadian Queen-in-council from high court constitution, but appeals in all on constitutional issues between civil—though not in commonwealth and any state, criminal—cases are allowed, by or between two or more states, virtue of the exercise of the when high court gives leave to royal prerogative, from appeal. Otherwise, the royal provincial courts as well as prerogative to grant appeals is from the supreme court of Canada not impaired. Parliament may, to the Queen-in-council; however, make laws limiting i.e., in practice, to the such appeals, but they must judicial committee of the privy be reserved for her Majesty’s council. pleasure.

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