April 1, 1875 1033
NORTH-WEST TERRITORIES.
Hon. Mr. MACKENZIE moved the
second reading of the Bill to amend and consolidate the laws respecting the North-
West Territories. He explained certain changes he proposed to make in the Bill in
committee. It would be observed that the 7th, 8th and 9th sections, contained provisions
respecting certain ordinances for the administration of the laws of the North-West
Territories. These sections were simply a recapitulation of the existing laws and
practically simply continued the power vested in the Lieutenant Governor and Council
of the North-West by the present law. He proposed, however, to remove some objections
taken on the introduction of this Bill by some hon. members to the effect that we
had no right to generally delegate subjects of legislation to another body in the
way
1034 HOUSE OF COMMONS.
it was done by the existing law. He
did not himself see much force in that objection, as the Territories were practically
constituted a Crown colony under our
own immediate surveillance instead of
under the Crown. He proposed to substitute for the seventh and eighth sections
the following :—
"The Lieutenant Governor by and with
the consent of the Council of the North- West Territories may make, ordain and
establish ordinances as to matters coming
within the subjects next hereinafter
enumerated, that is to say :
l. Taxation for local and municipal
purposes.
2. Property and civil rights in the
Territories.
3. The administration of justice in the
Territories, including the maintenance
and organization of courts, of civil and
criminal jurisdiction and including procedure in civil matters in these courts.
4. Public health, the licensing of inns
and places of refreshment, landmarks and
foundaries, cruelty to animals, game and
the care and protection thereof, injuries to
public morals, nuisances, roads and
bridges, the protection of timber, jails,
lock—ups, and generally all matters of a
merely local and private nature.
5. The imposition of and punishment by
fine or penalty or imprisonment for the
violation of any ordinance of the territory
made in relation to any matter coming
within any class of subjects herein enumerated.
6. Provided that no ordinance so to be
made by the Lieutenant Governor with
the advice and consent of the Council of
the said Territories, shall be inconsistent
with, or alter or repeal any provision of
any Act of the Parliament of Canada, or
schedule of this Act or any Act of the
Parliament of Canada which may now or
at any time hereafter expressly refer to the
said Territories, or which may be, at any
time made by the GOVERNOR in Council,
applicable to and in force in the said
North-West Territories, or impose any fine
or penalty exceeding $100.
7. And provided that a copy of every
such ordinance made by the Lieut. Governor in Council shall be mailed for transmission
to the GOVERNOR GENERAL within
ten days after its passage, and may be disallowed by him at any time within two
years after its passage, and all such Orders
in Council and all ordinances so made as
aforesaid shall be laid before both Houses of
Parliament as soon as convenient after their
passage.
8. The GOVERNOR in Council may by
proclamations made from time to time,
direct that any Act of the Parliament of
Canada, or any part or parts thereof shall
be in force in the North—West Territories
or in any part or parts thereof."
The 9th section he proposed to amend to
read as follows :—
"Provided further that when and so soon
as any electoral district shall be established
as hereinafter provided the Lieut. Governor
by and with the consent of the Council or
the Assembly as the case may be, shall
have power to pass ordinances for raising
within such district by direct taxation or
by shop, saloon, tavern, or any other such
licences a revenue for local and municipal
purposes for such district and for the collection and appropriation of the same."
The tenth section he proposed should
read as follows :—
" Whenever any electoral district shall
be found to contain not less than
inhabitants, the Lieut. Governor by and
with the consent of the Council or
Assembly, as the case may be, pass ordinances creating municipal corporations, and
thenceforth the power of the Lieut. Governor in Council in respect of taxation for
municipal purposes shall cease, and every
such municipal corporation shall thenceforth have the right to pass by—laws for
raising within such municipality by taxation a revenue for municipal purposes,
and for the collection and appropriation of
the same.
11. When and so soon as any system
of taxation shall be adopted in any district
or portion of the North-West Territories
the Lieut. Governor and Council or
Assembly, as the case may be, shall
pass all necessary ordinances in
respect of education, and it shall
therein be always provided that a majority
of rate-payers in any district may establish such schools therein as they may
think fit and make the necessary assessment and rates therefor, and further that the
minority of rate-payers therein whether Protestants or Roman Catholics may establish
separate schools therein.
The only other important amendment
that he proposed was to make the provision for the prohibition of the sale of in
April 1, 1875. 1035
toxicating liquors in the territory more
stringent.
The Bill was read a second time, and the House went into Committee on it forthwith
(Mr. Moss in the chair.)
It being six o'clock the committee rose.
This individual participated in: