May 14, 1908 (10th Parliament, 4th Session)


Wilfrid Laurier (Prime Minister; President of the Privy Council)



I will come to that presently. But let me call the attention of my hon. friend, and of those behind him, anil of the House and country, to what is in that Bill. Section 1 provides as follows :
In case of the illness of the judge of the court or if the judge has leave of absence, the Governor in Council may specially appoint any person having the qualifications hereinbefore mentioned to discharge the duties of the judge during his illness or leave of absence, and the person so appointed shall, during the period aforesaid, have all the powers incident to the office of the judge of the court.
2. If the judge of the court-
(a) is interested in any cause or matter, or is disqualified by kinship to any party, or
(b) has been professionally engaged in any cause or matter as counsel or solicitor for any party previously to his appointment to the office of judge, and considers himself thereby incapacitated from sitting or adjudicating therein, the Governor in Council may, upon the written application of the judge, setting out such impediment, appoint any other person having the qualifications hereinbefore mentioned to act as a judge pro hac vice in relation to any such cause or matter.
3. Every such temporary judge, or judge pro hac vice, shall be sworn to the faithful performance of the duties of his office.
Now, in this clause there is provision made to appoint an assistant judge at the request of the judge in certain contingencies. I am not prepared to say that the contingency here provided for has arisen, but it is easy to make it applicable to the present contingency. Now, by section 2 of this Bill, the Exchequer Court Act is amended as follows :
2. Section 87 of the said Act is amended by adding thereto the following paragraph:-
(f) for empowering the registrar to do any such thing and transact any such business as is specified in such rules or orders, and to exercise any such authority and jurisdiction in respect thereof as is now or may be hereafter done, transacted or exercised by the judge of the Exchequer Court sitting in chambers in virtue of any statute or custom or by the practice of the court.
-the very thing that is asked for by Judge Cassels in the letter I have read.

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