During this time, justice matters were limited to
internal disputes within the Hudson’s Bay
Company, whose employees were the only
white settlers. The Court of Upper Canada had
jurisdiction for the administration and
execution of justice in serious matters.

These matters applied to:
a Civil cases exceeding £200; and

a Criminal cases involving any charge or
indictment for a felony in which the sentence
included capital punishment or
transportation.!

In practice, this court was not used.

Changes in the administration and execution of
justice began to occur when Vancouver Island
became a colony on January 13, 1849. The
charter temained in effect, with the intent that
legislative authority would be established
among the settlers. The governor and his
officials would also develop a colony within five
years and dispose of land to the settlers at a
reasonable price.

An act providing for the administration of
justice was passed. It replaced two previous acts
for Vancouver Island, which:

1. Extended jurisdiction of the courts of justice
in the provinces of Lower and Upper
Canada, to include the trial and punishment
of persons guilty of crimes and offences in
adjoining provinces; and

2. Regulated the fur trade, and established
criminal and civil jurisdiction within certain
parts of North America.

The new Imperial Act stated:

It shall be lawful for Her Majesty from
Time to Time to make Provision for the
Administration of Justice in the said Island,
and for the Purpose to constitute such
Court or Courts of Record and other
Courts, with Jurisdiction in Matters Civil
and Criminal, and such equitable and
ecclesiastical Jurisdiction, subject to such
Limitation and Restrictions, and to appoint
and remove, or provide for the
Appointment and Removal of such Judges,
Justices, and such Ministerial and other
Officers, for the Administration and
Execution of Justice in the said Island, as

Her Majesty shall think fit and direct.

The act transferred responsibility for justice
from the courts of Upper Canada to the
colonial government.

A decision was made to appoint a governor of
the colony from outside the Hudson’s Bay
Company, due to controversy over the
company’s monopoly of Vancouver Island.
Richard Blanshard became the first governor of
the colony in July 1849. He administered the
colony without aid of either council or assembly
until just prior to his departure.’

1 The term “transportation” implies forced relocation to a penal colony. The practice of transportation was used
under the laws of Upper Canada. In England, it was widely used to commute a sentence or as a sentence in its
own right. In Canada, some convicts were transported to England, although the majority were sent to Australia
and Tasmania. After the American War of Independence, British convicts were transported to these two penal
colonies. In 1853, use of transportation in Canada was discontinued. English prison authorities also considered

using British Columbia as a penal colony.

2 At this time, he appointed a provisional council of three men (James Douglas, James Cooper and John Tod) to
act until the Imperial Government appointed another governor.

Corrections in British Columbia