June 21, 1923

YUKON ACT AMENDMENT


Mr. STEVENS (for Mr. Black, Yukon) moved the second reading of Bill No. 44, to amend the Yukon Act. Motion agreed to and the House went into committee, Mr. Marcil (Bonaventure) in the chair. On section 1-Recovery or defining of claims, mining property or mineral locations.


CON

Henry Herbert Stevens

Conservative (1867-1942)

Mr. STEVENS:

I will briefly explain this bill and in doing so I wish to expressly thank the Minister of Justice for his courtesy in permitting it to come up. This is a somewhat technical and formal amendment to the Yukon Act. The Yukon Act, as originally drafted, provided for trials, and so forth, but did not include provision for jury trials in certain cases. The reason for it was this: When Yukon was first opened up and this act was originally passed it was in the days of what was known as "the stampede." Conditions there were in an exceedingly disturbed state, and it was felt that it was not desirable to place such cases as mineral claims and disputes under jury trial as was the case in all other provinces. That condition has long since passed, twenty years ago or nearly so, and to-day Yukon is just as settled and as sober

shall I say?-in its thought and in its administration as any other part of Canada. All the feverish excitement has long since passed. This is simply to give to Yukon

rights which are enjoyed by the other provinces.

Topic:   YUKON ACT AMENDMENT
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LIB

Lomer Gouin (Minister of Justice and Attorney General of Canada)

Liberal

Sir LOMER GOUIN:

I have an amendment to offer to this section. The first clause provides for an appeal on interlocutory and final judgments in mining property cases. I do not think it would be advisable to permit appeals on interlocutory judgment; we should limit the appeal to final judgments. I therefore propose to amend the clause so that it will read:

1. Section forty-six of the Yukon Act, chapter sixty-three of the Revised Statutes of Canada, 1908, as enacted by section two of chapter fifty-six of the statutes of 1912, is amended by adding at the end of subsection two thereof the following:-"or if the action be for the recovery of a claim, mining property, mineral claim or location, as defined by the Yukon Placer Mining Act, chapter sixty-four of the Revised Statutes of Canada, 1906, or by the regulations for 'the disposal of quartz mining claims on Dominion lands in the Yukon territory, or of any interest therein or to establish title thereto, or for the definition of or establishment of the boundaries of any such claim, mining property, mineral claim or location, or to establish the right of a claimant to any such claim, raining property, mineral claim or location or interest therein, or to have included within said claim, mining property, mineral claim or location, any land or property, or if the action be for divorce or judicial separation.

Yukon Act

This will give an appeal in mining property cases for final judgments only.

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Amendment agreed to. Section as amended agreed to. On section 2-Action for recovery, etc., of claims, mining property or mineral locations.


LIB

Lomer Gouin (Minister of Justice and Attorney General of Canada)

Liberal

Sir LOMER GOUIN:

Section 2 provides for a jury trial in mining property cases, as in the province of British Columbia, and also in cases of divorce and judicial separation.

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Section agreed to. Bill reported, read the third time and passed. On motion of Sir Lomer Gouin the House adjourned at 1.20 a.m. (Friday). Friday, June 22, 1923


June 21, 1923