14287 COMMONS 14288
NORTH-WEST TERRITORIES ACT.
House again in committee on Bill (No. 259) to amend the North-west Territories Act.—The
Minister of Justice.
Mr. SCOTT moved to add the following clause to the Bill :
Notwithstanding anything in the North-west Territories Act, or any Act in amendment
thereto, the legislative assembly may, by ordinance, repeal the provisions of sections
49, 51, 53, 55, 64, 88, 89 and 90 of the said North-west Territories Act as amended
and re-enacted the said provisions or substitute other provisions in lieu thereof,
but nothing in this section contained shall be construed as giving to the legislative
assembly power to pass ordinances for the con
stitution, organization or maintenance of
courts of criminal jurisdiction, or respecting procedure in criminal matters.
The MINISTER OF JUSTICE. The effect would be to confer on the North-west assembly power to regulate all matters
connected with the civil jurisdiction of the province. That is to say, they may determine
the sittings of the court, the places where the court is to sit, how often it is to
sit : they may provide for the sittings of the court in banc or with a single judge;
provide for the division of the territory into judicial districts ; define the territorial
jurisdiction of the judges, and so on—all matters relating to the civil organization
of the court. I think it is a step in the right direction.
Amendment agreed to.
Mr. SCOTT moved to add the following clause to the Bill :
Notwithstanding anything in the Northwest Territories Act, or any Act in amendment
thereof, the legislative assembly may, by ordinance, repeal the provisions of sections
7, 8, 9, 11, and 12 of chapter 19 of the statutes of 1888, and section 18 of chapter
17 of the statutes of 1894, as that section is enacted by section 9 of chapter 28
of the statutes of 1897, and re-enact the said provisions or substitute other provisions
in lieu thereof.
Mr. GOURLEY. This amendment seems objectionable, not necessarily in the subject matter, but in
that it gives a local legislature power to repeal sections of a statute passed by
this parliament. There must surely be some more logical way to get it than that. It
would hardly be dignified for us to confer that power.
The MINISTER OF JUSTICE. I would draw to the attention of my hon. friend (Mr. Gourley) the fact that paragraph
4, now under consideration, has reference to the organization of the North-west council
itself, as the other paragraph we have been discussing has reference to the organization
of the courts. Now, if we repeal the provisions and merely give authority to the North-west
council to make others, we leave an interregnum during which some embarrassing conditions
might arise. By this amendment we, in effect, say that in all matters affecting the
North-west assembly, that body shall have the right either to adopt what we have done
or to repeal the enactments which we have passed, and substitute others. My hon. friend
will see the difficulty of adopting any other course.
Mr. GOURLEY. I see, but still it seems that there ought to be some other way than to give power
to the local legislature to repeal our enactments.
Mr. GOURLEY. I take it for granted that we have the power to delegate our authority. It is not
so much the thing itself
14289 OCTOBER 19, 1903
as the mode of doing it that I call attention to-
The MINISTER OF JUSTICE. The difficulty that my hon. friend suggests occurred to my mind also, but it seems
there is no relief. Suppose that these provisions were repealed. The North-west council
may not sit for months yet. Should a by-election occur in the meantime, how is it
to be provided for ? It seemed to me better to maintain the statute in these matters
and simply give the legislature power to provide for the changes necessary.
Mr. GOURLEY. Has the hon. minister's department considered this and come to the conclusion that
this is the only way in which it can be done ?
Amendment agreed to.
Bill, as amended, reported: read the third time and passed.
This individual participated in: