February 3, 1905 (10th Parliament, 1st Session)


Charles Fitzpatrick (Minister of Justice and Attorney General of Canada)



He has never operated a railway as far as my knowledge goes,

but I think he has had experience in railway matters in connection with the Supreme Court and also as a member of the bar and as a judge in Manitoba. In any event the result of our selection makes it necessary for me to bring in these resolutions. The resolutions are not intended to add anything to the position in so far as Mr. Justice Killam is concerned, but they are intended to widen the field from which we may be able to make our selection for this important office. I will now proceed to explain In what respect. At the present time the judges of our high courts are entitled to a retiring allowance. If a judge has been on the bench of the superior courts of this country for fifteen years he is entitled to retire at the expiration of that period on two-thirds of his salary. If he has been on the bench for thirty years he is entitled to retire on his full salary. If he has attained the age of seventy years and has been on the bench for 25 years he is entitled to retire on his full salary, and the same thing applies if a judge has reached the age of 75 years and has been 20 years on the bench. Mr. Justice Killam has been on the bench since 1885 and he has now 20 years of judicial service to his credit. He is 55 years of age and in ten years from this he will be entitled to retire, if he remained on the bench, at his full salary. The intention of the resolutions is to allow this time to count; that is to say that the time he would spend on. the Railway Commission, if he is appointed for ten years, will count absolutely in the same way as if he had continued to occupy a seat on the bench. He would not, gain anything by his transfer, but he would not be put in a position where he would lose any of the benefits and advantages he has now acquired.

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