Thomas Simpson Sproule
Conservative (1867-1942)
Mr. SPROULE.
Explain.
PRINTED BY S. E. DAWSON, PRINTER TO THE KING'S MOST x / EXCELLENT MAJESTY f 1903
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House of Commons Debates
Tuesday, September 29, 1903.
The MINISTER OF JUSTICE (Hon. Charles Fitzpatrick) moved for leave to introduce Bill (No. 259) to amend the Northwest Territories Act.
Mr. SPROULE.
Explain.
Mr. Speaker, the Supreme Court of the Northwest Territories, as at present constituted, consists of four puisne judges and one judge of the Supreme Court. The intention is now to have a court constituted with five puisne judges and a chief justice. The second section of the Bill privides for cases reserved for consideration by the full court. As the law *now stands a judge reserving ft point for the consideration of the full court cannot be a member of the court unless his presence is necessary to constitute a quorum. The intention is that when a point is reserved in a criminal case the judge sitting at the trial in the criminal case who reserved the point may form part of the court before which the reserved case is taken. I may say that the last amendment is suggested by the judges of the Supreme Court.
Mr. BORDEN (Halifax).
Is there any demand from the bar or the people of the
North-west Territories for an additional judge ?
Yes.
Mr. BORDEN (Halifax).
Where is he to be stationed or to reside ?
There is an almost unanimous request from the bar of the North-west Territories for the appointment of this additional judge, and I may say that it is supported by the Attorney General of the North-west Territories. No provision is made for residence at the present time. There will necessarily have to be a division made so as to make provision for the district in which Macleod is situated, but I am not sure at the present time where the residence will be.
Motion agreed to, and Bill read the first time.
Mr. SAM. HUGHES (North Victoria).
Mr. Speaker, before the Orders of the Day are called, I desire to draw the attention of the House and of the country to a statement of the conditions as they seem to exist at Sault Ste. Marie, in the Province of Ontario. I notice in the morning paper the following telegram :
Toronto, Sept. 29, 1.00 a.m.-Col. Buchan
commanding the military district in which Sault Ste. Marie is situated, has just received an urgent telegram requesting the immediate despatch of troops to the Soo.
4.2611
1 do not know what the condition of [DOT]affairs may be, but at all events it is quite 'evident that there is a considerable disturbance. The point I wish specially to emphasize this morning is the facility with which the people of Canada are calling upon the troops to suppress disturbances on any and every occasion. I presume the troops called for here will only be some volunteers from the city of Toronto and other districts, and probably the permanent corps of the country. Sault Ste. Marie is situated in the Toronto military district. I desire to know what steps have been taken in the premises, or if the government has been advised as to what steps have been taken by the military authorities in that district ?
I know that the military authorities act independently of the government under the regulations and orders, but still the commanding officer should apprise the government of whatever steps he may take. While the situation there may be, and doubtless is, a very trying one, and while there may be rioting, I think all communities should be encouraged to depend on their own local authorities to as great an extent as possible. X have therefore the honour of asking the right hon. Prime Minister (Rt. Hon. Sir Wilfrid Laurier) if he lias in his possession any information regarding the situation at Sault St. Marie, and whether it is such as to justify the calling out of the troops ?
Mr. Speaker, I have not seen the hon. Minister of Militia and Defence (Hon. Sir Frederick Borden) this morning, and therefore he may have information which I have not at this moment. But I can give to my hon. friend (Mr. Hughes, Victoria) the information which I have myself. Yesterday I received, personally, several telegrams, all coming from the same party, from the party in charge of the works at Sault Ste. Marie, Mr. Coyne, representing that there were disturbances and riots, that the property of the corporation was threatened, and asking that the government should supply troops to quell the riot. We had to inform him that under such circumstances the government had no authority to act, that it was for the local magistrate, the civil power in charge at . Sault Ste. Marie, to determine whether the presence of troops was necessary, and if necessary to call for them. Whether any Steps have been taken in that direction by the local authorities at Sault Ste. Marie I have no information at this moment. I may say that there is a disposition to call very often upon the government to send foops. Perhaps the people are unduly seared, but I do not think for my part that there was a very serious condition at Sault Sle Marie. There was a small disturbance, hut in so far as my information goes it was not of a very serious character, and nothing but which could have been con-Mr. HUGHES (Victoria).
trolled by the local authorities. If the (citizens and police are powerless to quell rioters, of course they have a remedy by law, but whether they have availed themselves of it or not I do not know.