April 2, 1918

?

An hon. MEMBER:

Oh, yes.

Topic:   SUPREME COURT ACT AMENDMENT.
Subtopic:   AD HOC JUDGE.
Permalink
UNION

Samuel Hughes

Unionist

Sir SAM HUGHES:

I understand not. Would it not toe an opportune time to insert a clause in this resolution that a judge, after a certain tenure of office, might be retired, under the Supreme Court Act, with superannuation? It is possible, as I understand the law, for an officer to occupy the position of a judge in the Dominion of Canada long after the period of his usefulness has passed. Will it toe possible, when this Bill is before the House, to amend it in that respect, without any further resolution?

Topic:   SUPREME COURT ACT AMENDMENT.
Subtopic:   AD HOC JUDGE.
Permalink
UNION

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Unionist

Mr. DOHERTY:

It would not 'be (possible in a measure of this kind, nor, indeed, in any measure passed by this Parliament, to make provision for the compulsory termination of the holding of a judicial office by any judge of the Superior or High Court, because under the provisions of the British North America Act the tenure of office of the judges of the High Court continues during good behaviour. There is no power, therefore, either in the Government or in Parliament, to compulsorily terminate the holding of such an office. The hon. gentleman is aware that there are certain provisions under which, if a judge voluntarily retires at a certain age, he becomes entitled to a superannuation, determined according to his period of service and age. But there is no power in this Parliament, as I understand the law at all events, to make provision such as the hon. gentleman suggests. I think, in order to attain that result, if Parliament considers it desirable, it would be necessary to amend1 the provisions of the British North America Act.

Topic:   SUPREME COURT ACT AMENDMENT.
Subtopic:   AD HOC JUDGE.
Permalink
L LIB

Rodolphe Lemieux

Laurier Liberal

Mr. LEMIEUX:

I have listened with

great attention to the remarks made by the hon. Minister of Justice (Mr. Doherty) and I may say at once that this proposed measure strikes me as being right. 1 am informed that of late many litigants from various parts of Canada were held up because there was not on the Supreme Court bench the number of judges required by law to hear cases. However, the legal fraternity accepted the fait accompli, and legislation is proposed to-day to obviate such a state of things in the future. About 1896 or 1897 similar legislation was under consideration, if not presented, by the then Minister of Justice, Sir Oliver Mowat. I do not know if the Bill was ever printed, but, at all events, there was an intention on his part, expressed, in the Senate where he held a seat, to appoint ad hoc judges in such cases as the present Minister of Justice seeks to provide for under this Bill. However, the measure was not introduced, and to-day we see the necessity of it. I should like to call the attention of my hon. friend to one point. The Chief Justice will be empowered to request the services or attendance of the judge of the Exchequer Court. Everybody in this House, and everybody in the legal fraternity or in the judicial world, has the highest regard for the Chief Justice of the Exchequer Court.

I say the Chief Justice advisely, because it is a well known fact that there are two judges in the Exchequer Court, the Chief Judge and the Assistant Judge. The A6-16

sistant Judge has the same power as the Chief Judge, and both are men of very high standing. I do not see why a distinction should be made, and, on the contrary, I think there are reasons

which my hon. friend will easily understand-which would seem to require the presence of the Assistant Judge. I need not dilate at any length on that special phase of the case, but I know that at certain times- there may be reasons why the Assistant instead of the Chief Judge should be called upon to act. My hon. friend will perhaps consider the point when he introduces the Bill. As regards the ad hoc judges coming from the Superior .Courts, I -have nothing to say. I do not know whether there will be a distinction between the Chief Justice of the Superior Court, the Assistant Chief Justice and the other judges or whether all judges of the -Superior Court will 'be made eligible.

Topic:   SUPREME COURT ACT AMENDMENT.
Subtopic:   AD HOC JUDGE.
Permalink
UNION

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Unionist

Mr. DOHERTY:

With regard to the suggestion concerning the Assistant Judge of the Exchequer Court, I will be very glad to consider the matter. It will be open to us, I think, to make an amendment, if it is decided upon, when the Bill is introduced. I may say that there was no intention, in providing for the services of the Judge of the Exchequer Court to cast any reflection on the learned Assistant Judge of that Court. As to the suggestion that there might be occasion when it would be desirable for special reasons that the Assistant Judge should act, I think the hon, gentleman -will find, when the Bill is introduced and the circumstances considered, that it will be very -easy t-o make a provision which will be found adequate.

Resolution reported, read the first and second time and concurred in.

Mr. DOHERTY thereupon moved for leave to introduce Bill No. 27, to amend the Supreme Court Act.

Topic:   SUPREME COURT ACT AMENDMENT.
Subtopic:   AD HOC JUDGE.
Permalink

Motion agreed to, and Bill read the first * time.


DOMINION FOREST RESERVES AND PARKS ACT.


Hon. ARTHUH MEIGHEN (Minister of the Interior) moved the third reading of Bill No. 17, to amend the Dominion Forest Reserves and Parks Act. He said-: Before the Bill is read the third time, I wish to call attention to a feature of the amendment which has developed. The Bill as it stands provides for



the extension of the terms of the agreement of 1890, between the Dominion' and the province of British Columbia, so as to make it applicable to forest reserves. It makes it applicable to forest reserves, or at least, not inapplicable to reserves as it was the intention that it should be applicable to forest reserves. However, the Bill as it reads, is applicable not only to forest reserves but to part reserves. The Department of Justice advises us that in the original Order in Council, which constitutes the agreement between this Government and the province of British Columbia, there is no provision which requires its application to park reserves, andi the officers of the parks branch are very desirous that the parks should be preserved from, invasion at the hands- of miners' or others. Consequently, I wish to move: That the Bill he referred hack to the Committee of the Whole with instructions to amend it as follows: "That clause X of the Bill be amended by striking out all the words from the beginning of the clause to and inclusive of the word "expedient" in the second line thereof and substituting therefor the following words: "Provided however, that where in a Dominion forest reserve, outside of the area of the Dominion Parks now or hereafter established, it is not expedient for topographical or other reasons." Then it would read on: To use for public road purposes the existing ' road allowances, the title to which is vested in the Crown in the right of the province, the provincial governments may, by order of the Governor in Council, be permitted to lay out such roads as may be necessary for the convenience of the public, and may be granted title thereto in consideration of the surrender of such portions of the said road allowances as are not required for public roads. It is desired that parks be not opened' to the laying ouit of provincial roads the same as forest reserves.


UNION

Samuel Hughes

Unionist

Sir SAM HUGHES:

A public road, I

presume, means a wagon- road, not a railroad.?

Topic:   DOMINION FOREST RESERVES AND PARKS ACT.
Permalink
UNION

Arthur Meighen (Minister of the Interior; Superintendent-General of Indian Affairs)

Unionist

Mr. MEIGHEN:

- Not a railroad. The chief amendment is to the second clause. I wish to move, as relating to this clause:

That clause 2 of the Bill be amended by adding thereto the following proviso: "Provided that this section shall not apply to any Dominion park now or hereafter established."

It simply limits the operation of the Bill to forest reserves and does not include Dominion parks.

Topic:   DOMINION FOREST RESERVES AND PARKS ACT.
Permalink

Motion agreed to, and House went into Committee on the Bill, Mr. Boivin in the Chair. On section 1-to authorize granting road sites to provinces upon surrender of certain road allowancesi Mr. MEIGHEN moved that the section be amended by striking out all the words from the beginning of the clause to and inclusive of the word "expedient" in the second line thereof and substituting therefor the following words: "provided, however, that where in a Dominion forest reserve, outside of the area of Dominion parks now or hereafter established, it is not expedient for topographical or other reasons," etc.


L LIB

Jacques Bureau

Laurier Liberal

Mr. BUREAU:

I think you read, in the tenth line, the words "vested in the Crown in the right of the province, the provincial government may by Order of the General"-

Topic:   DOMINION FOREST RESERVES AND PARKS ACT.
Permalink
UNION

Arthur Meighen (Minister of the Interior; Superintendent-General of Indian Affairs)

Unionist

Mr. MEIGHEN:

May by order of the Governor in Council.

Topic:   DOMINION FOREST RESERVES AND PARKS ACT.
Permalink
L LIB
UNION

Arthur Meighen (Minister of the Interior; Superintendent-General of Indian Affairs)

Unionist

Mr. MEIGHEN:

The words "by order of the Governor General in Council" were inserted in the Bill while in committee.

Topic:   DOMINION FOREST RESERVES AND PARKS ACT.
Permalink
L LIB

Jacques Bureau

Laurier Liberal

Mr. BUREAU:

Why are Dominion parks exempted from the right of changing a highway for topographical reasons?

Topic:   DOMINION FOREST RESERVES AND PARKS ACT.
Permalink
UNION

Arthur Meighen (Minister of the Interior; Superintendent-General of Indian Affairs)

Unionist

Mr. MEIGHEN:

It is desirable that no other authority than the Dominion shall have power to enter the parks. There could not be the same objection to allowing the provincial authorities to make roads in forest reserves. Forest reserves

4 p.m. are not beauty spots as are the tracts reserved for park purposes. If the provincial authorities were permitted to enter the parks, our control would not only be invaded but it would be very seriously impaired to the detriment of the parks. There is nothing in the original agreement by which we are in any way enjoined to allow the provincial authorities to make- roads through parks.

Section as amended agreed to.

On section 2-to authorize grant of minerals in forest reserves to the province of British Columbia under agreement of February, 1890:

Topic:   DOMINION FOREST RESERVES AND PARKS ACT.
Permalink
UNION

Arthur Meighen (Minister of the Interior; Superintendent-General of Indian Affairs)

Unionist

Mr. MEIGHEN moved:

That clause 2 he amended by adding to the clause as within the printed Bill the following proviso: "Provided that this section shall not

apply to any Dominion park now or hereafter established."

Topic:   DOMINION FOREST RESERVES AND PARKS ACT.
Permalink
L LIB

Jacques Bureau

Laurier Liberal

Mr. BUREAU:

That is on the same principle as the previous amendment?

Topic:   DOMINION FOREST RESERVES AND PARKS ACT.
Permalink

April 2, 1918