April 9, 1918 (13th Parliament, 1st Session)


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



I desire to. move to amend section 1, not with any desire of materially altering the nature of the Bill, but merely for the purpose of modifying the procedure by which the particular judge who is to serve may be designated.
The proposed amendment would provide that in the cases where the Exchequer Court judge is not available the Chief Justice of the Supreme Court, instead of directly himself designating a particular judge who would Ibe called in, would request of the Chief Justice of any of the provinces to designate one of the judges of the High or Superior Court in his province. I suggest this amendment because it has been pointed out to me that it was not desirable, that it might, perhaps, even be considered not to be absolutely courteous to the Chief Justices of the provinces for the Chief Justice of the Supreme Court directly to intervene and select the judge who should act. In the

second place, it has also been pointed cut, and with considerable force, that the Chief Justice of the province from whose court the judge is to be taken is in better position to determine what judge is most available in the existing condition of business of the court in the province. The modified section will have the further advantage of proceeding, say, in the same manner as is provided in some of the provinces, if not in all, for analogous cases where it is necessary to have a judge ad hoc to sit in the Court of Appeal of the province. In the province of Quebec, for instance, where there is occasion, similar to the occasion foreseen here, to call for a judge to sit ad hoc in the Court of Appeals, the Chief Justice of the Court of Appeals addresses himself to the Chief Justice of the Superior Court, who, in consultation with his judges, designates the one who is to act. I think that the reasons which I have outlined, and to which my attention has been called, are sufficient to make clear that the amendment which I am about to propose would be an improvement over the system which the section originally in the Bill as introduced proposed to adopt. I beg, therefore, to move, Mr. Chairman:
That subsection (1) of Section 1 be amended by adding at the end of the subsection the words "to be designed in writing ,by the Chief Justice of such, provincial court upon such request being made to him in writing."
That amendment will necessitate some further modifications in the balance of the section, and we might as well deal with them all at once. There is one other amendment which does not turn upon them, which I desire also to move, and it is:
That sub-section (2) be amended by striking out the designation of numeral (2i) and inserting the words "provided always that."
It will then read:
Provided always that unless two of the judges of the Supreme Court available fulfil the requirements of Section 6.
And so on.

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