June 4, 1917 (12th Parliament, 7th Session)


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

Conservative (1867-1942)


Yes. The salaries are not appropriated by the statute to individual judges. There happened to be vacancies, so that a salary was available and the need was so pressing that it was thought better to let some other vacancy stand and make an appointment to that particular district. The necessity of a judge in that district, therefore, requires us to provide for seventy-four county court judges instead of seventy-three.
The first of the other provisions of the resolution is to provide that judges who at the time of their appointment are by law called upon to reside within the particular judicial district to which they are assigned shall not be entitled to travelling allowances if their places of residence is changed subsequently to their appointment, unless the change is approved by the Governor in Council. This is to enable the Government to have some control over the rapidly increasing expenditure in the way of travelling allowances to judges, resulting from the fact that in some provinces the legislatures have changed the residences of the judges, removing them in many instances from places situate within their respective judicial districts to places considered more convenient. 1
The legislative power to fix a judge's residence, I think, indisputably rests with the legislature, but the fixing of salaries and of travelling allowances rests with this Parliament, anid it has seemed to us that it would be well that the Government should not find itself in a position of having imposed upon it very considerable additional financial burdens merely because the legislature, for one reason or another, thinks proper to change the residence of a judge. We do not propose to say that in no such case shall the judge who has his residence so changed, have his travelling allowances, but we provide merely that he shall not have them

unless that change of residence is approved by the Governor General in Council.
The last provision which the Bill contains, which is also one that would not have required a resolution, is to bring the judges of the circuit court of Montreal under the provisions applicable to county court judges throughout the country with regard to the procedure that may be required in the way of inquiry where complaints are made against judges. The present position is that the circuit court judges find themselves neither in the position of high court judges and therefore removable only by the Houses of Parliament, nor in the position of county court judges, of being removable by the Governor in Council after proper inquiry by means of a commission. We think they should be in one class or the other, and it is proposed to 'amend the law to assimilate their position to that of county court judges generally.

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