April 23, 1902

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Mr. T.@

EARLE (Victoria, B.C.) I would like to ask the hon. Minister of Marine and Fisheries when we may look for a report of the commission appointed to look into the conditions of the fisheries in British Columbia ?

Topic:   QUESTIONS.
Subtopic:   BRITISH COLUMBIA FISHERIES.
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The MINISTER OF MARINE AND FISHERIES (Hon. James Sutherland).

I think that the short time the commission had to investigate into this matter does not put them in a position to report, and they have to ask for a further delay in order to

mate investigations, especially with regard to traps, &c. I think the delay will have to be granted for futher investigation before they will be able to report.

Topic:   QUESTIONS.
Subtopic:   BRITISH COLUMBIA FISHERIES.
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THIRD READING.


Bill (No. 7G) further to amend the Pilotage Act.-Hon. Mr. Fitzpatrick.


YUKON POLICE MAGISTRATE.


House went into committee on the following resolution : That it is expedient to amend chapter 41 of the statutes of 1901, and to provide that the salaries of the police magistrate at Dawson and the police magistrate at White Horse shall be $4,000 per annum.


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The MINISTER OF JUSTICE (Hon. Charles Fitzpatrick).

Both these police magistrates receive $2,400 salary and $3,000 living allowance each. The intention is to raise their salary to $4,000 each, and their living allowance to $1,800 each.

Topic:   QUESTIONS.
Subtopic:   YUKON POLICE MAGISTRATE.
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CON

Thomas Simpson Sproule

Conservative (1867-1942)

Mr. SPROULE.

Are those all the police magistrates in the district ?

Topic:   QUESTIONS.
Subtopic:   YUKON POLICE MAGISTRATE.
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The MINISTER OF JUSTICE.

Yes. Resolutions reported.

Topic:   QUESTIONS.
Subtopic:   YUKON POLICE MAGISTRATE.
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SALARY AND RETIRING ALLOWANCES OF CERTAIN JUDGES.


House went into committee on the following resolution That it is expedient to amend the Act respecting the judges of provincial courts and to provide as follows :- 1. That the salary of the third judge of the Territorial Court of the Yukon Territory shall be $5,000 per annum. 2. That a judge of a county court resigning at any time after becoming disabled by permanent infirmity or resigning after twenty-five years' service, may be granted a pension equal to two-thirds of his annual salary ; provided that if he has served less than five years, his pension shall not exceed one-third of his annual salary.


CON

Thomas Simpson Sproule

Conservative (1867-1942)

Mr. SPROULE.

You will have three

judges in the Yukon ?

Topic:   QUESTIONS.
Subtopic:   SALARY AND RETIRING ALLOWANCES OF CERTAIN JUDGES.
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The MINISTER OF JUSTICE (Hon. Charles Fitzpatrick).

This resolution provides for the appointment of an additional judge in the Yukon Territory. We have now two judges of tlie High Court residing there, and it is proposed that hereafter three shall be there, with salaries ot $5,00(1 each. The expectation is that the three judges shall form a Territorial Court of Appeal, to which there will be appeals from the High Court sitting as a court of original jurisdiction, and also an appeal from the findings of the Gold Commisioner. At present the appeal from a single trial judge is to the court in British Columbia. It is extremely inconvenient to the people of the Yukon

to be obliged to come down to British Columbia for the trial of their appeals. If this resolution is passed, a Bill will be introduced which will provide for three judges of the Territorial Court who will form a court of appeal, the appeal from them being to the Supreme Court of Canada. It is expected that this will not add very much to the expense of the administration of justice in that territory. It is true that there will' be an additional judge, but we are amending the Act so that members of the High Court will be able to do some of the work that is now done by the police magistrates, and, in that way, we hope to dispense with the services of one police magistrate.

Topic:   QUESTIONS.
Subtopic:   SALARY AND RETIRING ALLOWANCES OF CERTAIN JUDGES.
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CON

Frederick Debartzch Monk

Conservative (1867-1942)

Mr. MONK.

In this Court of Appeal, or Court of Review, will the judge who tried the case in the first instance sit as one of the judges ?

Topic:   QUESTIONS.
Subtopic:   SALARY AND RETIRING ALLOWANCES OF CERTAIN JUDGES.
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The MINISTER OF JUSTICE.

Yes. The present intention is to have it as our Court of Review in Quebec was originally formed, that is, the trial judge will be one of the three judges sitting in review. Personally, with the knowledge I have gained of our judges, I think it is not a bad principle, because the judge of the first court, it seems to me, would help to further enlighten the judges in appeal when he is a,member of the court. I think that the departure from that principle in our province was not a step in the direction of progress. As to the second portion of the resolution, my hon. friends are aware that, under the existing law, a High Court judge becoming incapacitated at any time after he has entered upon his duties is entitled to receive his retiring allowance. He is also entitled to retire after fifteen years on the bench. But, in the case of county court judges in Ontario, we find that one of these judges cannot be given retiring allowance until after he has served ten years. A judge may become incapacitated through illness and be obliged to retire, yet not receive any allowance. It will be seen that that is a hardship. There are cases of special hardship which will be met by this amendment. One case, I think, is a case of extreme hardship. I think my hon. friend will admit that it is proper that if a judge becomes incapacitated, whether he be in the High Court or in the County Court, he should be entitled to a retiring alowance.

Topic:   QUESTIONS.
Subtopic:   SALARY AND RETIRING ALLOWANCES OF CERTAIN JUDGES.
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CON

John Graham Haggart

Conservative (1867-1942)

Hon. Mr. HAGGART.

This applies to judges in Ontario, not in the Yukon ?

Topic:   QUESTIONS.
Subtopic:   SALARY AND RETIRING ALLOWANCES OF CERTAIN JUDGES.
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The MINISTER OF JUSTICE.

In Ontario and all other places where there are county court judges.

Topic:   QUESTIONS.
Subtopic:   SALARY AND RETIRING ALLOWANCES OF CERTAIN JUDGES.
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Mr BENNETT.

Is there any legislation proposed, looking to the compulsory retirement of judges after reaching an age limit .

Topic:   QUESTIONS.
Subtopic:   SALARY AND RETIRING ALLOWANCES OF CERTAIN JUDGES.
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The MINISTER OF JUSTICE.

No. I may say that there never was any intention to introduce legislation of that kind with

respect to the judges of the Superior Court -there will be none this session.

Topic:   QUESTIONS.
Subtopic:   SALARY AND RETIRING ALLOWANCES OF CERTAIN JUDGES.
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CON

William Humphrey Bennett

Conservative (1867-1942)

Mr. BENNETT.

The hon. minister will excuse me, but there was a Bill introduced by himself for the retirement of county court judges who had reached the age of seventy years.

Topic:   QUESTIONS.
Subtopic:   SALARY AND RETIRING ALLOWANCES OF CERTAIN JUDGES.
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April 23, 1902