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Essays and addresses

For a time we had in Canada the convenient practice of the trial judge reserving a case for the opinion of a Court in Bane upon matters of law arising during a trial.

This had, however, the disadvantage that there was no means of com- pelling the judge to reserve a case, and while I never knew a judge to refuse to state a case when desired to do so, there was always danger of injustice being done.

Our present system is for the judge to state a case on any question of law either on request of crown or defense or proprio motu.

This case so stated comes at once before an Appellate Division of five judges.

One Appellate Division or the other is always in session and consequently there is no delay; and a very few days will suffice to have the matter heard and disposed of.