Document Information
Date: 1903-10-13
By: Canada (Parliament)
Citation: Canada, House of Commons Debates, 9th Parl, 3rd Sess, 1903 at 13853-13856.
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13853
NORTH-WEST TERRITORIES ACT AMENDMENTS.
Bill (No. 259) to amend the North-west Territories Act, read the second time, and House went into committee thereon.
On section 2,
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- Except where a question has been reserved and stated for the opinion of the Supreme Court of the North-west Territories as a court of appeal under section 743 of the Criminal Code, 1892, the judge by or before whom the judgment, order or decision then in question was rendered or made, shall not sit as one of the judges composing the court unless his presence is necessary to compose a quorum.
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- The proviso added to section 50 of the said Act by section 4 of chapter 17 of the Statutes of 1894 is repealed.
The MINISTER OF JUSTICE (Hon. Charles Fitzpatrick). This amendment has been suggested by Mr. Justice Wetmore, who has considerable experience in criminal cases in that part of the country, and who thinks it is desirable that the judge should reserve a case for the full court.
Mr. SCOTT. With the consent of the House and of the minister, I beg leave to propose two additional clauses to the Bill, as follows:
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- Notwithstanding anything in the North-west Territories Act, or any Act in amendment thereof, 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-enact 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 constitution, organization or maintenance of courts of criminal jurisdiction, or respecting procedure in criminal matters.
- 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 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.
I may explain the purport of these various
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sections of the North-west Territories Act under which it is proposed to give power to the legislative assembly.
Section 49 has reference to times and places of sittings of the Supreme Court in banc.
Section 51 empowers the Governor in Council to divide the territories into judicial districts. The amendment will give power to the assembly to make provision for determining the boundaries of judicial districts.
Section 53 makes a Supreme Court judge the instrument of authority in any matter which the law specifies shall be dealt with by a court or judge, in the absence of other specific provision.
Section 64 deals with justices of the peace, as to appointment, qualifications, &c., and with police magistrates.
Section 88 deals with the jurisdiction of judges in civil matters, and the class of matters in which either party may demand a jury trial, together with various other provisions relating to civil trials and cases.
Sections 89 and 90 also deal with judgments and procedure in civil cases.
The sections mentioned in No. 4 are 7, 8, 9, 11 and 12 of chapter 19 of 1888. All refer to the constitution of the legislative assembly.
Section 7 prescribes the qualifications of voters.
Section 8 the qualifications of candidates for election.
Section 9 specifies the oath to be subscribed and taken by members.
Section 11 deals with the election and duties of the Speaker.
Section 12 names the occasions when the Speaker may vote in the legislative assembly.
Section 9 of chapter 28, of 1897, which repealed and was substituted for section 18 of chapter 17 of 1894, prohibits members of the legislative assembly from holding positions of emolument, making the exception as regards members of the executive council who have procured election after appointment to such office.
In this latter important particular what I am proposing to do by the amendment is to give the legislative assembly power to define the qualifications or limitations and to regulate the conduct of its own members, a right and power which is possessed and exercised by this parliament and by every provincial parliament. I may say that in every discussion of the question of provincial autonomy by Premier Haultain, the lack of this power has been a matter of serious complaint. The proposal as a whole, while perhaps not very urgent or important, will have the effect of narrowing down still further the difference between the present position of the territories as territories, and the position of a province in confederation. I may explain that when Premier Haultain was on his last visit to Ottawa,
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in February or March, a tacit understanding was arrived at, not, of course, with his willing consent, because, as a matter of fact, Premier Haultain believes that the question of provincial establishment should not be delayed at all, that the whole question of autonomy should not be dealt with and could not be dealt with at this session of parliament, and as a result of this understanding he suggested a number of intermediate changes in the existing powers of the legislative assembly. He proposed one important change by which the entire land titles system should be transferred to the local authority as well as a number of additional minor changes of which these I am proposing form a part. I believe, that, but for the long absence during this session of the hon. Minister of the Interior (Hon. Mr. Sifton), all of these changes which have been asked for by Premier Haultain, would have been introduced and put through at this session, but on account of the pressure on his time, and perhaps partly because of the opinion which I think the hon. Minister of the Interior has formed that the question of provincial establishment cannot wisely be delayed beyond next year, he decided not to take up any of these points at this session, but to leave them over until next session, and then finally dispose of the whole subject by giving the territories a complete provincial status. On account of provision being made at this session for an additional judge of the Supreme Court of the North-west Territories, and a consequent necessary amendment of the North-west Territories Act, Premier Haultain, some time ago, wrote to me suggesting that even if the change respecting the transfer of the land titles system could not be made this year it would be a distinct advantage to the practical carrying on of the business of his government if certain of these minor changes were made. It perhaps would be only right for me to state further that Premier Haultain’s proposals to the hon. Minister of the Interior included half a dozen other sections in addition to those that I have gone over. I have omitted a number of sections at the suggestion of the Department of Justice, which holds that these other sections deal with criminal jurisdiction over which for the present this parliament’s authority had better be maintained. With that view of the department, I do not express agreement or disagreement. At this stage of the session it is perhaps wise not to attempt to introduce anything controversial, and I have therefore left out half a dozen sections which Premier Haultain desired to have added to this amendment. These various sections which I have added to this proposed amendment are not of very great moment. I do not imagine that they can raise any controversy at all. I trust they will meet with the unanimous approval of the House.
Mr. CASGRAIN. There is nothing in that germane to the Bill?
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The MINISTER OF JUSTICE. Yes, the Bill is intended to provide for the constitution of the Supreme Court, and also for appeals to the court. The intention of the amendment that my hon. friend (Mr. Scott) proposes is merely to give to the council of the North-west Territories control over the court as to the time, place and sittings of the court, as to the dividing the territories into judicial districts, as to defining the territorial jurisdiction and other provisions of that sort. They also asked that they should have control over the administration of criminal justice, but I was not prepared to give it to them, and they did not get it. We are responsible for the administration of criminal justice in these territories, and we want to keep control over its administration.
Mr. BORDEN (Halifax). It would be better if the committee could have some notice of amendments of this kind. It is almost impossible to understand them on the spur of the moment.
The MINISTER OF JUSTICE. I do not think it is fair to take my hon. friend by surprise, and I have no objection at all that the committee should rise.
Mr. BORDEN (Halifax). If I understand the hon. gentleman (Mr. Scott), who has introduced the amendments, they are in the direction of giving greater powers to the legislature of the North-west Territories with respect to civil matters.
Mr. SCOTT. And the constitution of the assembly.
Mr. BORDEN (Halifax). If that be the case, and when I have the opportunity to look them over, there will not be the slightest objection to them, and I will do everything to expedite their passage.
Progress reported.