The case cited by the hon. member for Maisonneuve (Mr. Lemieux) would not arise under the statute which says:
If any judge of the Supreme Court of Canada or of the Exchequer Court of Canada or of any superior court in Canada, who has continued in the office of judge of a superior court in Canada, or in any of the provinces, for fifteen years or upwards, or who becomes afflicted with some permanent infirmity.
Not simply after a year or two but permanent infirmity. The particular case set forth by the hon. member for Maisonneuve where a man being made a judge, after a month or two becomes ill, resigns, gets a pension for life and on becoming better can take another position at a large salary does not come within (the provision of this section. Thalt is not the intention of the provisions of this section. He must be permanently infirm or have served fifteen years. Now a man enters into the public service in accordance with the terms of this statute. That is, the Government says to
him: "You will go to the Bench and when you have served the country for fifteen years you will be entitled to a pension of trwo-thirds of your salary." That is an agreement, a contract. The man says: "Very well, I will accept your offer. I will go upon the Bench for fifteen years and then I .shall be entitled to two-thirds of my salary," That is simply a contract and the man is under no. obligation to any one. If at the end of fifteen years he resigns he is at perfect liberty to take .any other position he may see fit to take; and the fact that he accepts a salary in connection with some other position does not affect at all his right to that pension. It is simply a case of carrying out .an agreement with the man when he .accepted that position on the Bench.
Topic: THE JUDGES AOT AMENDMENT-INCREASED SALARIES FOR JUDGES.