[JUNE 25, 1894] 4890
NORTH-WEST TERRITORIES ACT.
Mr. DALY moved that the Order for second
reading of Bill (No. 133) to amend the Act
respecting the North-west Territories, be discharged.
Motion agreed to, and Order discharged.
Mr. DALY moved for leave to introduce
Bill (No. 149) further respecting the Northwest Territories.
Mr. DALY. The Bill I have just introduced
is similar to the other Bill, except that
clause 12 of that Bill is struck out, because
clause 12 of the old Bill conflicts with clause
14, as the hon. gentleman will see upon
perusal. Clause 1 of the new Bill provides
that the Assembly of the North-west Territories may incorporate tramway and street
railway companies which they have not the
power to do at the present time. Section
15 of the Northwest Territories Act. is repealed. The Act as it now stands gives
the Lieutenant-Governor in Council power to
take ordinances respecting the administration of justice. They have already got that
power and have passed ordinances in respect
to it, so that there is no necessity for its
forming part of this Bill. Section 49 is
amended by striking out the word " any."
The Act as it now stands contains the words
" and any three judges of the court. shall
constitute the court," and it is proposed to
make it read: " and three judges of the
court shall form the court." Section 50 of
the Act is repealed and amended by adding
"provided that the judge by or before whom
the judgment or decision then in question
was rendered or made, shall not sit as one
of the judge composing the court." That
means that the trial judge whose judgment
is appealed against shall not sit en banc.
Section 59 is repealed and a section substituted for it: That each sheriff shall be
paid a salary or $500, and the Lieutenant-
Governor, by and with the advice of the
Legislative Assembly, may legislate with respect to remuneration by fees or otherwise
by sheriffs and clerks, including the registry
court. The change is : That the Lieutenant-Governor now fixes the fees and this
Act will give power to the Assembly to do
that. The clause of the Bill in relation to
the appointment of justices of the peace
and police magistrates as it appears
in the old Bill will be amended by adding
to subsection 4 the following words : " or
unless he is a magistrate of not less than
three years' standing in Canada." This
4891
[COMMONS] 4892
means that no person shall be appointed a
police magistrate unless he has been admitted to practice as advocate, barrister or
solicitor in any one of the provinces of Canada for a period not less than three years,
or unless he is a magistrate of not less than
three years' standing. Section 9 provides
that any one charged with treason, or an
offence punishable with more than five
years' imprisonment, may challenge peremptorily ; as the Act now stands it is only
in cases of felony and treason that there is
a peremptory challenge.
Mr. DALY. To treason and felony and
acts punishable by imprisonment for more
than five years. Section 21 of the new
Bill provides that the Legislative Assembly
shall have power to confer upon territorial
courts jurisdiction as to matters of alimony;
a question having arisen as to their power
to do that. By section 22 the Lieutenant-
Governor, with the consent of the Governor in Council, may close up any road
that is transferred to the Territories or vary
its direction. That is the law in a separate
Act, but we are introducing it into the
North-west Territories Act, and providing
that the Lieutenant-Governor may with the
consent of the Governor in Council, do in
this respect what the Assembly now does.
As the law now stands a great deal of delay
is occasioned by requiring the assent of the
Assembly. These are all the changes.
Motion agreed to, and Bill read the first
time.
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