House of Commons, 24 June 1894, Canadian Confederation with Alberta and Saskatchewan

[JUNE 25, 1894] 4890


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. LAURIER. What is the reason for this ?
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 is repealed.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 Section 50 of the Act is repealed and amended by adding "provided that the judge by or before whom the judgment or decision then in question was rendered or made, shall not sit as one of the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 Section 59 is repealed and a section substituted for it: That each sheriff shall be paid a salary or $500, and the Lieutenant- Governor, by and with the advice of the Legislative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. DAVIES (P.E.I.) You extend to what ?
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.


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



Selection of input documents and completion of metadata: Gordon Lyall.

Personnes participantes: