A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...
A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...
A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...
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and judicial powen."= Macdonell, and a council, were to administer justice in<br />
Assiniboia. However, under the Canada Jurisdiction Act the govemor of Lower<br />
Canada had been given power to appoint magistrates to the 'Indian Territories."<br />
Selkirk took the precaution of having Macdonell appointed as a magistrate.<br />
Nevertheless, the confliding jurisdictions of the magistrates and the govemor<br />
and council exacerbated tensions in the colony. especïally dufing the period of<br />
the greatest rivalry between the Hudson's Bay Company and the North West<br />
Some clarification of authority was obtained in 181 5 when the company<br />
deterrnined that:<br />
there be a Governor-in-Chief and Council having<br />
paramount authority over the whole of the Company's<br />
territories in Hudson's Bay, that such govemor, with<br />
any two of his Council, might form a Council for the<br />
administration of justice and the exercise of the<br />
power vested in them by the Charter ...?<br />
The wmpany also decided that the Govemor and Council of the District of<br />
Assiniboia would have the same powers, unless the two govemors should be in<br />
residence at the same time, in which case the Governor-in-Chief would take<br />
precedence. Provision was made for the appointment of a sheriff for Assiniboia.<br />
Much of the tension and strife that had plagued the colony was removed<br />
Men the two fur trading companies merged. The British govemment decided<br />
not to send judges to the 'Indian Territories." The Hudson's Bay Company and<br />
the Selkirk estate were to retain responsibility for administering the district of