House of Commons, 1 April 1875, Canadian Confederation with Alberta and Saskatchewan

April 1, 1875 1033


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.


Canada. House of Commons Debates, 1875-1949. Provided by the Library of Parliament.



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