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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

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