brother-in-law, was appointed the superior
judge of this court.

The judiciary was not formally instituted until
April 4, 1856. By order-in-council, the Supreme
Court of Civil Justice of the colony of
Vancouver Island was created with Chief
Justice David Cameron, a registrar and sheriff.
The duties of the chief justice were extended to
criminal cases by patent from the governor.

The colonial government expanded through the
addition of a House of Assembly in June 1856.
The establishment of the legislature was in

accordance with British law and practice. This
was accomplished by issuing a proclamation
that divided the colony of Vancouver Island
into five districts with an elected member
representing each district.

The first legislation dealt with by the assembly
was confined to matters of necessity. These
matters included roads, schools, licences,
revenue from land sales, timber duties, and
royalties remitted to England through the
Hudson’s Bay Company for its land holdings.
Issues of civil or criminal justice were not
considered.

B.C.—The colony

The historic gold rush on the Fraser River that
began in 1858 brought a huge influx of miners
and American interests to Vancouver Island
and the mainland. As a result, the colony of
British Columbia was formed on the mainland
to protect and secure British interests. Douglas
was appointed governor of the new colony in
September with the stipulation that he sever ties
with the Hudson’s Bay Company.

As happened upon colonization of Vancouver
Island, the laws of Upper Canada were
abolished. A system of justice similar to that on
the island was set up. Under it:

» Authority was available for the governor, by
proclamation under the public seal of the
colony, to make laws, institutions and
ordinances for peace, order and good
government;

a Civil and criminal laws of England remained
in full force as long as they were applicable to
the local circumstances of the colony, and not

altered by the Queen-in-Council, the
governor or other legislative authority; and

« The Hudson’s Bay Company’s exclusive
trading right with the Indians was revoked.

The facility for housing prisoners on
Vancouver Island needed to be updated, mainly
because of the volume of miners from
California passing through Victoria en route to
the Fraser River. Victoria was the commercial
centre for the colonies of Vancouver Island and
British Columbia. At the beginning of 1858, a
new facility to house prisoners was established
in Victoria at Bastion Square.

By the fall of 1858, it was apparent that the new
colony of British Columbia needed judicial
buildings and a jail. Due to the lack of facilities,
mainland offenders had to be sent to
Vancouver Island. Governor Douglas wrote to
Sit Edward Bulwer Lytton, Secretary of State
for the British Colonies in London, pointing
out these concerns. Sir Edward replied that
revenue of the colony had to be utilized for

Corrections in British Columbia