Bill C-57
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RECOMMENDATION |
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His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to amend the Nunavut Act with respect to the Nunavut Court of Justice
and to amend other Acts in consequence''.
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SUMMARY |
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In response to a request made to the Minister of Justice by the parties
to the Nunavut Political Accord entered into on October 30, 1992, and
with the support of other Nunavut organizations, this enactment creates
a single-level trial court system for the Territory of Nunavut in order to
provide an efficient and accessible court structure capable of
responding to the unique needs of Nunavut while, at the same time,
maintaining substantive and procedural rights equivalent to those
enjoyed elsewhere in Canada.
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It amends the Nunavut Act to establish a single-level trial court, at the
superior court level, to be known as the Nunavut Court of Justice.
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It amends the Judges Act to provide for three superior court judges
on the Nunavut Court of Justice and also to provide for full membership
in the Canadian Judicial Council for the senior judge of each of the
territories.
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It amends the Criminal Code to provide for new structures and
procedures for the Nunavut Court of Justice in the following areas:
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It amends the Young Offenders Act to ensure adequate structures and
procedures for a single-level trial court, consistent with the new
structures and procedures in the Criminal Code.
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It also makes consequential amendments to various other federal
statutes.
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EXPLANATORY NOTES |
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Nunavut Act |
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Clause 1: Section 10 reads as follows:
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10. If both the Commissioner and the Deputy Commissioner are
absent, ill or unable to act or both those offices are vacant, the judge of
the Supreme Court of Nunavut with the earliest date of appointment to
the Court has and may exercise and perform all of the powers, duties and
functions of the Commissioner.
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Clause 2: Subsection 31(1) reads as follows:
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31. (1) The Supreme Court of Nunavut and the Court of Appeal of
Nunavut are established as superior courts that have and may exercise
in relation to Nunavut all the powers and jurisdiction that the Supreme
Court of the Northwest Territories and the Court of Appeal of the
Northwest Territories, respectively, had immediately before the day that
section 3 comes into force.
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Clause 3: Section 32 and the heading before it read as
follows:
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Supreme Court of Nunavut
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32. The judges of the Supreme Court of the Yukon Territory and of
the Supreme Court of the Northwest Territories are, by virtue of those
offices, judges of the Supreme Court of Nunavut.
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Clause 4: (1) Subsection 33(1) reads as follows:
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33. (1) The Governor in Council may appoint any person who is or
has been a judge of a superior court in Canada or a barrister or advocate
of at least ten years standing at the bar of any province as a deputy judge
of the Supreme Court of Nunavut and may fix that person's
remuneration and allowances.
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(2) Subsection 33(4) reads as follows:
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(4) A deputy judge, while in office, has and may exercise and
perform all the powers, duties and functions of a judge of that Court and
any reference to a judge of the Supreme Court of Nunavut is deemed to
include a reference to the deputy judge.
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Clause 5: Section 34 reads as follows:
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34. Where any law in force in Nunavut provides that a power, duty
or function is to be exercised or performed by a provincial court judge
or a stipendiary magistrate, the power, duty or function may be
exercised or performed by a judge of the Supreme Court of Nunavut or,
if the power, duty or function is within the jurisdiction given to a judge
of any other territorial court pursuant to this Act, by the judge of that
other court.
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Clause 6: Subsection 35(1) reads as follows:
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35. (1) A judge of the Supreme Court of Nunavut has and may
exercise and perform, anywhere in Canada, all the powers, duties and
functions of the Court with respect to any criminal offence committed
or charged to have been committed in Nunavut.
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Clause 7: (1) Subsection 76.06(2) reads as follows:
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(2) For greater certainty, subsection (1) applies to a territorial court,
other than a superior court. Subsection 76.05(6) does not apply to
territorial courts.
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(2) New.
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(3) The relevant portion of subsection 76.06(5) reads
as follows:
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(5) The division may occur by
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Clause 8: (1) Section 76.1 reads as follows:
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76.1 (1) A court, judge or justice of Nunavut has jurisdiction over
any matter commenced, on or after the day that section 3 comes into
force, even if the events giving rise to the matter occurred before that
day, to the extent that it would have been within the jurisdiction of that
court, judge or justice had those events occurred after that day.
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(2) A court, judge or justice of the Northwest Territories retains
jurisdiction, until all appeals or reviews are exhausted, over any matter
commenced before the day that section 3 comes into force, if it would
have been within the jurisdiction of a court, judge or justice of Nunavut
had it commenced after that day.
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(2) New.
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Clause 9: Section 76.11 reads as follows:
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76.11 (1) A court, judge or justice of the Northwest Territories may,
by order, transfer any matter referred to in subsection 76.1(2) to a court,
judge or justice of competent jurisdiction of Nunavut at the same level,
if the court, judge or justice of the Northwest Territories is satisfied that
the transfer is in the interests of the administration of justice and the
parties consent.
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(2) If a court, judge or justice makes an order under subsection (1),
the order shall provide for the transfer of the record and any material
relating to the matter to the court, judge or justice to which the matter
is to be transferred or to an appropriate officer of Nunavut.
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(3) A record that is transferred by an order made under subsection (2)
is deemed to be part of the record of the court, judge or justice to which
the matter is transferred. Any order or decision made or document
issued by a court, judge or justice of the Northwest Territories in relation
to the matter that is transferred is deemed to have been made or issued
by a court, judge or justice of competent jurisdiction of Nunavut.
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Clause 10: (1) Subsection 76.12(1) reads as follows:
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76.12 (1) For any matter referred to in section 76.1 or 76.11, the
territorial courts, including superior courts,
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(2) Subsections 76.12(2) and (3) read as follows:
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(2) The laws that apply to a matter before a court, judge or justice
referred to in subsection (1), wherever the court, judge or justice is
sitting, are
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(3) Any judgment, conviction, sentence or order pronounced or
made in any matter referred to in subsection (1) may be enforced or
executed at any place in Nunavut or the Northwest Territories as the
court with jurisdiction over the matter may direct, and the proper
officers of the territory in which the judgment, conviction, sentence or
order is to be enforced or executed may exercise all powers and
authority necessary for that purpose.
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Clause 11: Section 34 of the Northwest Territories
Act, as enacted by section 77.2 of the Nunavut Act, reads
as follows:
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34. A judge of the Supreme Court of the Yukon Territory or the
Supreme Court of Nunavut is ex officio a judge of the Supreme Court
of the Northwest Territories.
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Aeronautics Act |
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Clause 13: The relevant portion of the definition
``superior court'' in subsection 3(1) reads as follows:
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``superior court'' means
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Bank Act |
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Clause 14: The relevant portion of the definition
``court'' in section 2 reads as follows:
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``court'' means
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Bankruptcy and Insolvency Act |
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Clause 15: The relevant portion of subsection 183(1)
reads as follows:
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183. (1) The following courts are invested with such jurisdiction at
law and in equity as will enable them to exercise original, auxiliary and
ancillary jurisdiction in bankruptcy and in other proceedings authorized
by this Act during their respective terms, as they are now, or may be
hereafter, held, and in vacation and in chambers:
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Canada Business Corporations Act |
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Clause 16: The relevant portion of the definition
``court'' in subsection 2(1) reads as follows:
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``court'' means
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Canada Corporations Act |
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Clause 17: The relevant portion of the definition
``court'' in subsection 3(1) reads as follows:
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``court'' means
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Canada Marine Act |
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Clause 18: The relevant portion of the definition
``court'' in section 103 reads as follows:
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``court'' means
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Canada Pension Plan Investment Board Act |
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Clause 19: The relevant portion of the definition
``court'' in section 2 reads as follows:
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``court'' means
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Canada Transportation Act |
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Clause 20: (1) and (2) The relevant portion of the
definition ``superior court'' in section 6 reads as follows:
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``superior court'' means
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Coasting Trade Act |
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Clause 21: The relevant portion of the definition
``court'' in subsection 16(22) reads as follows:
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``court'' means
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Companies' Creditors Arrangements Act |
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Clause 22: The relevant portion of the definition
``court'' in section 2 reads as follows:
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``court'' means
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Dominion Controverted Elections Act |
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Clause 23: The relevant portion of the definition
``court'' in subsection 2(1) reads as follows:
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``court'', with respect to elections in the provinces or territories, means
respectively the following courts, or any judge thereof:
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Cooperative Credit Associations Act |
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Clause 24: The relevant portion of the definition
``court'' in section 2 reads as follows:
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``court'' means
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Criminal Code |
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Clause 25: The relevant portion of the definition
``superior court of criminal jurisdiction'' in section 2
reads as follows:
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``superior court of criminal jurisdiction'' means
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Clause 26: The relevant portion of the definition
``appeal court'' in subsection 100(11) reads as follows:
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``appeal court'' means
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Clause 27: The relevant portion of the definition
``court'' in subsection 164(8) reads as follows:
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``court'' means
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Clause 28: The relevant portion of subsection 188(4)
reads as follows:
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(4) In this section, ``Chief Justice'' means
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Clause 29: The relevant portion of the definition
``court'' in subsection 320(8) reads as follows:
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``court'' means
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Clause 30: (1) and (2) The relevant portion of the
definition ``judge'' in section 493 reads as follows:
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``judge'' means
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Clause 31: Subsection 520(1) reads as follows:
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520. (1) Where a justice makes an order under subsection 515(2),
(5), (6), (7), (8) or (12) or makes or vacates any order under paragraph
523(2)(b), the accused may, at any time before the trial of the charge,
apply to a judge for a review of the order made by the justice.
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Clause 32: Subsection 521(1) reads as follows:
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521. (1) Where a justice makes an order under subsection 515(1),
(2), (7), (8) or (12) or makes or vacates any order under paragraph
523(2)(b), the prosecutor may, at any time before the trial of the charge,
apply to a judge for a review of the order made by the justice.
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Clause 33: Subsection 524(13) reads as follows:
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(13) Section 520 applies in respect of any order made under
subsection (8) or (9) as though the order were an order made by a justice
under subsection 515(2) or (5), and section 521 applies in respect of any
order made under subsection (9) as though the order were an order made
by a justice under subsection 515(2).
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Clause 34: (1) and (2) The relevant portion of
subsection 530(1) reads as follows:
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530. (1) On application by an accused whose language is one of the
official languages of Canada, made not later than
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a justice of the peace or provincial court judge shall grant an order di
recting that the accused be tried before a justice of the peace, provincial
court judge, judge or judge and jury, as the case may be, who speak the
official language of Canada that is the language of the accused or, if the
circumstances warrant, who speak both official languages of Canada.
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Clause 35: New.
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Clause 36: (1) and (2) The relevant portion of the
definition ``judge'' in section 552 reads as follows:
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``judge'' means,
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Clause 37: The relevant portion of section 553 reads
as follows:
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553. The jurisdiction of a provincial court judge to try an accused is
absolute and does not depend on the consent of the accused where the
accused is charged in an information
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Clause 38: Section 554 reads as follows:
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554. (1) Where an accused is charged in an information with an
indictable offence other than an offence that is mentioned in section
469, and the offence is not one over which a provincial court judge has
absolute jurisdiction under section 553, a provincial court judge may try
the accused if the accused elects to be tried by a provincial court judge.
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Clause 39: New.
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Clause 40: (1) The relevant portion of subsection
556(2) reads as follows:
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(2) Where an accused corporation does not appear pursuant to a
summons and service of the summons on the corporation is proved, the
provincial court judge
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(2) Subsection 556(3) reads as follows:
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(3) Where an accused corporation appears but does not elect when
put to an election under subsection 536(2), the provincial court judge
shall hold a preliminary inquiry in accordance with Part XVIII.
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Clause 41: Sections 557 and 558 read as follows:
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557. Where an accused is tried by a provincial court judge in
accordance with this Part, the evidence of witnesses for the prosecutor
and the accused shall be taken in accordance with the provisions of Part
XVIII relating to preliminary inquiries.
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Jurisdiction of Judges |
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Judge's Jurisdiction with Consent
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558. Where an accused who is charged with an indictable offence,
other than an offence listed in section 469, elects under section 536 or
re-elects under section 561 to be tried by a judge without a jury, the
accused shall, subject to this Part, be tried by a judge without a jury.
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Clause 42: The relevant portion of subsection 560(1)
reads as follows:
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560. (1) Where an accused elects, under section 536 to be tried by a
judge without a jury, a judge having jurisdiction shall,
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Clauses 43 to 45: New.
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Clause 46: (1) The relevant portion of subsection
565(1) reads as follows:
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565. (1) Where an accused is ordered to stand trial for an offence that,
under this Part, may be tried by a judge without a jury, the accused shall,
for the purposes of the provisions of this Part relating to election and
re-election, be deemed to have elected to be tried by a court composed
of a judge and jury if
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(2) New.
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(3) Subsection 565(4) reads as follows:
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(4) Subsections 561(6) and (7) apply to a re-election made under
subsection (3).
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Clauses 47 to 50: New.
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Clause 51: (1) The relevant portion of subsection
598(1) reads as follows:
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598. (1) Notwithstanding anything in this Act, where a person to
whom subsection 597(1) applies has elected or is deemed to have
elected to be tried by a court composed of a judge and jury and, at the
time he failed to appear or to remain in attendance for his trial, he had
not re-elected to be tried by a court composed of a judge without a jury
or a provincial court judge without a jury, he shall not be tried by a court
composed of a judge and jury unless
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(2) Subsection 598(2) reads as follows:
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(2) An accused who, pursuant to subsection (1), may not be tried by
a court composed of a judge and jury is deemed to have elected under
section 536 to be tried by a judge of the court in which he is indicted
without a jury and section 561 does not apply in respect of the accused.
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Clause 52: (1) The relevant portion of subsection
686(5) reads as follows:
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(5) Where an appeal is taken in respect of proceedings under Part
XIX and the court of appeal orders a new trial under this Part, the
following provisions apply:
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(2) New.
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(3) The relevant portion of subsection 686(5.1) reads
as follows:
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(5.1) Where a new trial ordered by the court of appeal is to be held
before a court composed of a judge and jury,
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(4) New.
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Clause 53: Subsection 745.64(2) reads as follows:
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(2) When the appropriate Chief Justice is designating a judge of the
superior court of criminal jurisdiction, for the purpose of a judicial
screening under subsection 745.61(1) or to empanel a jury to hear an
application under subsection 745.61(5), in respect of a conviction that
took place in the Yukon Territory or the Northwest Territories, the
appropriate Chief Justice may designate the judge from the Court of
Appeal or the Supreme Court of the Yukon Territory or Northwest
Territories, as the case may be.
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Clause 55: (1) to (4) The relevant portion of section
812 reads as follows:
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812. For the purposes of sections 813 to 828, ``appeal court'' means
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Clause 56: Section 829 reads as follows:
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829. For the purposes of sections 830 to 838, ``appeal court'' means,
in any province, the superior court of criminal jurisdiction for the
province.
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Clause 57: (1) The relevant portion of subsection
839(1) reads as follows:
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839. (1) An appeal to the court of appeal as defined in section 673
may, with leave of that court or a judge thereof, be taken on any ground
that involves a question of law alone, against
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(2) New.
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Customs Act |
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Clause 59: The relevant portion of the definition
``court'' in subsection 71(2) reads as follows:
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``court'' means
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Clause 60: The relevant portion of subsection 138(5)
reads as follows:
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(5) In this section and sections 139 and 140, ``court'' means
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Divorce Act |
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Clause 61: The relevant portion of the definition
``court'' in subsection 2(1) reads as follows:
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``court'', in respect of a province, means
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Canada Elections Act |
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Clause 62: The relevant portion of the definition
``judge'' or ``the judge'' in subsection 2(1) reads as
follows:
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``judge'' or ``the judge'', when used to define the judicial officer on
whom is conferred specific powers, means,
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Financial Administration Act |
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Clause 63: The relevant portion of subsection 118(2)
reads as follows:
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(2) In this section, ``court'' means
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Firearms Act |
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Clause 64: New.
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Fisheries Act |
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Clause 65: The relevant portion of the definition
``judge'' in section 74 reads as follows:
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``judge'' means
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Fugitive Offenders Act |
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Clause 66: The relevant portion of the definition
``court'' in section 2 reads as follows:
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``court'' means,
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Immigration Act |
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Clause 67: The relevant portion of the definition
``judge'' in subsection 93.1(9) reads as follows:
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``judge'' means
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Clause 68: The relevant portion of the definition
``judge'' in subsection 102.2(9) reads as follows:
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``judge'' means
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Indian Act |
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Clause 69: The relevant portion of subsection 14.3(5)
reads as follows:
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(5) An appeal may be heard under this section
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Insurance Companies Act |
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Clause 70: The relevant portion of the definition
``court'' in subsection 2(1) reads as follows:
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``court'' means
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Interpretation Act |
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Clause 71: The relevant portion of the definition
``superior court'' in subsection 35(1) reads as follows:
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``superior court'' means
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Judges Act |
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Clause 72: Subsection 22(2.1) is new. Subsection
22(3) reads as follows:
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(3) In this section, ``senior judge'' means the judge with the earlier
date of appointment to the court in question.
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Clause 73: (1) Subsection 27(2) reads as follows:
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(2) There shall be paid to each judge of the Supreme Court of the
Yukon Territory and each judge of the Supreme Court of the Northwest
Territories who is in receipt of a salary under this Act, in addition to the
allowance provided by subsection (1), a non-accountable yearly
allowance of $6,000 as compensation for the higher cost of living in the
Yukon Territory and the Northwest Territories.
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(2) Subsection 27(6) reads as follows:
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(6) A chief justice or chief judge, a puisne judge of the Supreme
Court of Canada, the Chief Justice of the Court of Appeal of the Yukon
Territory, the Chief Justice of the Court of Appeal of the Northwest
Territories, the senior judge of the Supreme Court of the Yukon
Territory and the senior judge of the Supreme Court of the Northwest
Territories are entitled to be paid, as a representational allowance,
reasonable travel and other expenses actually incurred by the justice or
judge or the spouse of the justice or judge in discharging the special
extra-judicial obligations and responsibilities that devolve on the
justice or judge, to the extent that those expenses may not be reimbursed
under any other provision of this Act and their aggregate amount does
not exceed in any year the maximum amount indicated in respect of
each office in subsection (7).
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(3) The relevant portion of subsection 27(7) reads as
follows:
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(7) The maximum yearly amounts of the representational allowance
referred to in subsection (6) are as follows:
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(4) The definition ``senior judge'' in subsection 27(9)
reads as follows:
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``senior judge'' of the Supreme Court of the Yukon Territory or of the
Supreme Court of the Northwest Territories means the judge with the
earlier date of appointment to the court in question.
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Clause 74: (1) The relevant portion of subsection
29(3) reads as follows:
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(3) A judge who has made the election referred to in subsection (1)
shall hold himself available to perform such special judicial duties as
may be assigned to the judge
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(2) Subsection 29(6) reads as follows:
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(6) In this section, ``senior judge'' of the Supreme Court of the Yukon
Territory or of the Supreme Court of the Northwest Territories means
the judge with the earlier date of appointment to the court in question.
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Clause 75: (1) The relevant portion of subsection
40(1) reads as follows:
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40. (1) A removal allowance shall be paid to
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(2) Subsection 40(1.1) reads as follows:
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(1.1) Paragraphs (1)(c) and (d) apply only in respect of a judge who
resided in one of the ten provinces at the time of appointment to the
Supreme Court of the Yukon Territory or the Supreme Court of the
Northwest Territories, as the case may be.
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Clause 76: Subsection 54(4) reads as follows:
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(4) In this section, ``senior judge'', in respect of the Supreme Court
of the Yukon Territory or the Supreme Court of the Northwest
Territories, means the judge with the earliest date of appointment to the
Court in question.
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Clause 77: (1) The relevant portion of subsection
59(1) reads as follows:
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59. (1) There is hereby established a Council, to be known as the
Canadian Judicial Council, consisting of
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(2) Subsections 59(2) and (3) read as follows:
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(2) The senior judges referred to in paragraph (1)(c) shall succeed
each other on the Council every two years.
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(3) In the event of the death or resignation of a senior judge referred
to in paragraph (1)(c) during the term of that judge on the Council, the
judge who succeeds that judge as senior judge of the same court shall
become a member of the Council for the remainder of the term.
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Land Titles Act |
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Clause 78: Section 101 reads as follows:
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101. Proceedings to enforce payment of moneys secured by a
mortgage or encumbrance, to enforce the observance of the covenants,
agreements, stipulations or conditions contained in any mortgage or
encumbrance, for the sale of the lands mortgaged or encumbered or to
foreclose the estate, interest or claim of any person in or on the land
mortgaged or encumbered, as well as proceedings to redeem or
discharge any land from any mortgage or encumbrance, shall be had
and taken in the Yukon Territory, in the Supreme Court, and in the
Northwest Territories, in the Supreme Court.
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Canada Lands Surveys Act |
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Clause 79: (1) The relevant portion of subsection
41(2) reads as follows:
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(2) The Minister or the Commissioner shall prepare a notice of
decision setting forth
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(2) Subsection 41(4) reads as follows:
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(4) Any person to whom a notice of decision is mailed under this
section may, within sixty days after the date of the notice of decision and
if within that time the person serves the Minister or the Commissioner
with a notice of appeal, appeal from the decision of the Minister or the
Commissioner to the Supreme Court of the Yukon Territory or of the
Northwest Territories, as the case may be.
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Mutual Legal Assistance in Criminal Matters Act |
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Clause 80: The relevant portion of the definition
``judge'' in subsection 2(1) reads as follows:
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``judge'' means
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An Act to amend the Nunavut Act and the Constitution Act, 1867 |
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Clause 81: The relevant portion of section 50 reads as
follows:
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50. If Bill C-9, introduced in the first session of the thirty-sixth
Parliament and entitled An Act for making the system of Canadian
ports competitive, efficient and commercially oriented, providing for
the establishing of port authorities and the divesting of certain
harbours and ports, for the commercialization of the St. Lawrence
Seaway and ferry services and other matters related to maritime trade
and transport and amending the Pilotage Act and amending and
repealing other Acts as a consequence (in this section referred to as
``that Act''), is assented to, then
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Railway Safety Act |
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Clause 82: The relevant portion of the definition
``superior court'' in subsection 4(1) reads as follows:
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``superior court'' means
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Territorial Lands Act |
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Clause 83: The definition ``judge of the Court'' in
section 2 reads as follows:
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``judge of the Court'' means, in relation to any matter arising in the Yu
kon Territory, a judge of the Supreme Court thereof, and, in relation
to any matter arising in the Northwest Territories, a judge of the Su
preme Court thereof;
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Trust and Loan Companies Act |
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Clause 84: The relevant portion of the definition
``court'' in section 2 reads as follows:
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``court'' means
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Winding-up and Restructuring Act |
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Clause 85: The relevant portion of the definition
``court'' in section 2 reads as follows:
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``court'' means
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Young Offenders Act |
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Clause 86: New.
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Clause 87: Subsection 12(4) reads as follows:
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(4) Where the youth court is not satisfied that a young person
understands the charge against him, as required under paragraph (3)(a),
the court shall enter a plea of not guilty on behalf of the young person
and shall proceed with the trial in accordance with subsection 19(2).
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Clauses 88 and 89: New.
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Yukon Act |
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Clause 90: Section 34 reads as follows:
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34. A judge of the Supreme Court of the Northwest Territories is ex
officio a judge of the Supreme Court of the Yukon Territory.
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