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