Note 34 — THE SLAVE IN UPPER CANADA[A]

It was held in this province that the Act of 1883 was superseded by the Ashburton Treaty in respect to the United States, but that it remained in force with respect to other countries (Reg. v. Tubber, 1854, 1, P. R., 98). Since the treaty, our government has refused to extradite where the offense charged is not included in the treaty. In re Laverne Beebe (1863), 3, P. R., 273—a case of burglary.

The provisions of the treaty were brought into full effect in Canada (Upper and Lower) by the Canadian Statute of 1849, 12, Vic., c. 19, C. S. C. (1859), c. 89.