April 16, 1901

FIRST READING.


Bill (No. 122) further to amend the General Inspection Act.-Hon. Mr. Bernier.


MANITOBA GRAIN ACT AMENDMENT.


The MINISTER OF INLAND REVENUE (Hon. M. E. Bernier) moved for leave to introduce Bill (No. 123) to amend the Manitoba Grain Act, 1900.


CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

Would the hon. gentleman (Mr. Bernier) be good enough to explain the purport of the Bill ?

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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The MINISTER OF INLAND REVENUE.

The changes are very few. The first clause is to empower the Governor General in Council either to reduce or increase the scale of fees. The second change is to provide for the deposit to the credit of the Receiver General of all fees collected, instead of depositing them to the credit of what is called the Manitoba Inspection Fund. The inspectors and deputy inspectors are either paid by fees or by commission out of the treasury. The next clause is to the same effect, providing for the money collected from the inspectors and sub-inspectors being placed in the Receiver General's hands. The last amendment is to the same effect.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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Motion agreed to, and Bill read the first time.


DEMISE OF THE CROWN.


* The PRIME MINISTER (Rt. Hon. Sir Wilfrid Laurier) moved second reading of Bill (No. 119)-to make certain provisions necessitated by the demise of the Crown. He said : This Bill is from the Senate, and the object is simply to provide that the demise of the Crown shall not interfere with judicial proceedings in our courts. I am advised that this legislation is necessary. Motion agreed to, Bill read the second time, considered in committee, reported, read the third time and passed.


YUKON TERRITORY ACT AMENDMENT.


Bill (No. 11S) to amend the Yukon Territory Act and to make further provision for the administration of justice in the said territory-the Minister of the Interior (Hon. Clifford Sifton) read iilie second time, and considered in committee.


CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

I very much doubt the advisability of permitting these police magistrates to practise their profession. I know that in cities in the eastern portion of the Dominion where these magistrates are given a very considerable jurisdiction, they are not permitted to practise, and I think that the reasons which hold good in the east would have even greater application in the Yukon district. Would the hon. minister state the reasons because of which he thinks it desirable that these gentlemen shall be given permission to practise their profession while occupying these judicial positions.

Topic:   YUKON TERRITORY ACT AMENDMENT.
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The MINISTER OF THE INTERIOR (Hon. Clifford Sifton).

The great difficulty that arises in connection with the appointment of an officer of sufficiently good standing as a professional man to occupy these positions would be that we would have to pay him in all probability as high a salary

as we pay to a judge, if we debarred him from practising liis profession. The idea of the Minister of Justice was that we would be able to secure, for possibly $1,500 a year, the services of competent professional men to act as police magistrates if they would be able to earn additional remuneration by practising their profession outside. From the government standpoint it is purely a question of not being compelled to pay a salary which would be considered high, as we would have to put the police magistrate on the same footing as other officials by paying him living allowance and salary, which would be pretty expensive altogether. I recognize that the point raised by the hon. gentleman (Mr. Borden) is open to debate. I understand that in the other House the question was discussed for some time, and it was only after considerable discussion that this section was agreed to. If the hon. the leader of the opposition^ presses the point very strongly I will be content to reserve the clause and confer with the Minister of Justice again.

Topic:   YUKON TERRITORY ACT AMENDMENT.
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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

I would be glad if the hon. gentleman would take that course. I require some time to consider the matter myself. There are worse things than paying salaries of $4,000 or $5,000 a year to these men. It would be infinitely better to do that than that we should have any scandal about the administration of justice in the Yukon.

Topic:   YUKON TERRITORY ACT AMENDMENT.
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The MINISTER OF THE INTERIOR.

I agree.

Topic:   YUKON TERRITORY ACT AMENDMENT.
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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

In my own province in cases where these gentlemen have pretty large jurisdiction, they are not allowed to practice, and that course has been found to be the best on the whole. It might occur that money saved in the way indicated in the Bill would not be money saved in the best interests of the country.

Topic:   YUKON TERRITORY ACT AMENDMENT.
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CON

David Tisdale

Conservative (1867-1942)

Hon. Mr. TISDALE.

Section 6 provides that the Governor in Council can give a police magistrate civil jurisdiction, and in the exception clause there is nothing to prevent his partner practising before him in these cases as the exception apparently only refers to criminal cases.

Topic:   YUKON TERRITORY ACT AMENDMENT.
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The MINISTER OF THE INTERIOR.

The wording of the section, I think, is sufficient to prevent that. It says :

No such police magistrate and no partner or clerk of any such police magistrate shall act as agent or solicitor or counsel in any case, matter or proceeding of a criminal nature, or in any case tried before such police magistrate.

The words * or in any case,' would include civil matters.

Topic:   YUKON TERRITORY ACT AMENDMENT.
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CON
LIB

Clifford Sifton (Minister of the Interior; Superintendent-General of Indian Affairs)

Liberal

Mr. SIFTON.

Topic:   YUKON TERRITORY ACT AMENDMENT.
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April 16, 1901