Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 21 April 1863, CO 60:15, no. 5739, 224.
Abstract
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 21 April 1863, CO 60:15, no. 5739, 224.
Despatch to London.
Minutes (2), Other documents (2).
No. 21
21 April 1863
I have the honor to acknowledge Your Grace's Despatch
No 10 of the 10th of February last, transmitting for my
report, a letter from Mr Charles Walkem respecting his sons
claim to be admitted tothe
the Bar of British Columbia, and
complaining that the presiding Judge (Mr Begbie) had
refused to admit him to plead in the Supreme Court of the
Colony because he had not previously passed the Bar in England.
the Bar of British Columbia, and
complaining that the presiding Judge (Mr Begbie) had
refused to admit him to plead in the Supreme Court of the
Colony because he had not previously passed the Bar in England.
2. I beg in explanation to observe that on Mr Justice
Begbie's first arrival in the Colony he adopted mutatis mutandis,
the Rules of Practice of the Supreme Civil Court
of Vancouvers Island framed by Mr Justice Cameronstrictly
strictly
in accordance with the Order in Council, constituting that
Court; from a conviction the former then entertained, that a
similar practice prevailed in Her Majesty's other Colonies,
and that it would not be proper for him to depart from an
established precedent.
strictly
in accordance with the Order in Council, constituting that
Court; from a conviction the former then entertained, that a
similar practice prevailed in Her Majesty's other Colonies,
and that it would not be proper for him to depart from an
established precedent.
3. By that Order in Council no one could be admitted to
practice in the Supreme Court of Vancouver Island, excepting
Barristers and Attorneys from England, Irelandand
and Scotland.
When the Court of British Columbia was constituted the
practitioners of the Court of Vancouver Island were admitted
to practice there also, and have since availed themselves of
that privilege on behalf of any Clients, who retained their
services.
and Scotland.
When the Court of British Columbia was constituted the
practitioners of the Court of Vancouver Island were admitted
to practice there also, and have since availed themselves of
that privilege on behalf of any Clients, who retained their
services.
4. This state of things has continued until lately,
without any complaint on the part of the public; but I see
no reason why ColonialBarristers
Barristers or Attorneys, provided
they be of good character, and properly instructed in English
Law, should be excluded from practising in the Courts of
British Columbia, and I have therefore called Mr Justice
Begbie's attention to the propriety of making such amendments
in the Rules of his Court, as may render such persons eligible
for admission, and I have no doubt that Mr Walkem on producing
satisfactory credentialswill
will be admitted to practice as soon
as such rules are framed.
Barristers or Attorneys, provided
they be of good character, and properly instructed in English
Law, should be excluded from practising in the Courts of
British Columbia, and I have therefore called Mr Justice
Begbie's attention to the propriety of making such amendments
in the Rules of his Court, as may render such persons eligible
for admission, and I have no doubt that Mr Walkem on producing
satisfactory credentialswill
will be admitted to practice as soon
as such rules are framed.
Minutes by CO staff
Sir F. Rogers
To my mind this is not quite a sufficient or satisfactory answer on behalf of Judge Begbie for his preference of United States over Colonial Barristers practising in the Supreme Court of B. Columbia.
To my mind this is not quite a sufficient or satisfactory answer on behalf of Judge Begbie for his preference of United States over Colonial Barristers practising in the Supreme Court of B. Columbia.
It has not reached us officially but I believe there is no
doubt of the fact that certain Barristers of V.C.I. who practised
before Judge Begbie have refused to plead before him any more.
ABd
15/6
Inform Mr Walkem through the Gov. Gen. of Canada that the propriety
of admitting Canadian barristers to practice in B. Columbia has
been pointed out to Mr Justice Begbie and that rules have probably
been made upon this date authorizing such admission.
And inform Gov. D. that this has been done.
Other documents included in the file
