Bill C-57
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
Definition of
``senior
judge''
|
(6) In this section, ``senior judge'' of the
Supreme Court of the Yukon Territory, of the
Supreme Court of the Northwest Territories or
of the Nunavut Court of Justice means the
judge with the earlier date of appointment to
the court in question, or in the case of more
than one judge appointed on the same day,
means the judge that the Governor in Council
may designate as the senior judge.
|
|
1989, c. 8,
s. 11(1)
|
75. (1) Paragraphs 40(1)(c) and (d) of the
Act are replaced by the following:
|
|
|
|
|
|
|
|
R.S., c. 50 (1st
Supp.),
s. 6(2)
|
(2) Subsection 40(1.1) of the Act is
replaced by the following:
|
|
Limitation
|
(1.1) Paragraphs (1)(c) and (d) apply only in
respect of a judge who resided in one of the ten
provinces or in another territory at the time of
appointment to the Supreme Court of the
Yukon Territory, the Supreme Court of the
Northwest Territories or the Nunavut Court of
Justice , as the case may be.
|
|
1996, c. 30,
s. 4(2)
|
76. Subsection 54(4) of the Act is replaced
by the following:
|
|
Definition of
``senior
judge''
|
(4) In this section, ``senior judge'', in
respect of the Supreme Court of the Yukon
Territory, the Supreme Court of the Northwest
Territories or the Nunavut Court of Justice ,
means the judge with the earliest date of
appointment to the Court in question, or in the
case of more than one judge appointed on the
same day, means the judge that the Governor
in Council may designate as the senior judge.
|
|
|
77. (1) Paragraph 59(1)(c) of the Act is
replaced by the following:
|
|
|
|
|
|
(2) Subsections 59(2) and (3) of the Act
are repealed.
|
|
R.S., c. L-5
|
Land Titles Act
|
|
|
78. Section 101 of the Land Titles Act is
replaced by the following:
|
|
Proceedings
to enforce
mortgage or
encumbrance
|
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, in the Northwest Territories,
in the Supreme Court, and in Nunavut, in the
Nunavut Court of Justice.
|
|
R.S., c. L-6
|
Canada Lands Surveys Act
|
|
|
79. (1) Paragraph 41(2)(c) of the Canada
Lands Surveys Act is replaced by the
following:
|
|
|
|
|
|
(2) Subsection 41(4) of the Act is replaced
by the following:
|
|
Who may
appeal
|
(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, the Supreme
Court of the Northwest Territories or the
Nunavut Court of Justice , as the case may be.
|
|
R.S., c. 30
(4th Supp.)
|
Mutual Legal Assistance in Criminal
Matters Act
|
|
1992, c. 51,
s. 58(2)
|
80. Paragraph (d) of the definition
``judge'' in subsection 2(1) of the Mutual
Legal Assistance in Criminal Matters Act is
replaced by the following:
|
|
|
|
|
1998, c. 15
|
An Act to amend the Nunavut Act and the
Constitution Act, 1867
|
|
|
81. Paragraph 50(a) of An Act to amend
the Nunavut Act and the Constitution Act,
1867 is repealed.
|
|
R.S., c. 32
(4th Supp.)
|
Railway Safety Act
|
|
|
82. Paragraph (e) of the definition
``superior court'' in subsection 4(1) of the
Railway Safety Act is replaced by the
following:
|
|
|
|
|
R.S., c. T-7
|
Territorial Lands Act
|
|
|
83. The definition ``judge of the Court'' in
section 2 of the Territorial Lands Act is
replaced by the following:
|
|
``judge of the
Court'' « juge »
|
``judge of the Court'' means, in relation to any
matter arising in the Yukon Territory, a
judge of the Supreme Court of the Yukon
Territory , in relation to any matter arising
in the Northwest Territories, a judge of the
Supreme Court of the Northwest Territo
ries, and, in relation to any matter arising in
Nunavut, a judge of the Nunavut Court of
Justice;
|
|
1991, c. 45
|
Trust and Loan Companies Act
|
|
|
84. Paragraph (f) of the definition
``court'' in section 2 of the Trust and Loan
Companies Act is replaced by the following:
|
|
|
|
|
R.S., c. W-11;
1996, c. 6,
s. 134
|
Winding-up and Restructuring Act
|
|
|
85. Paragraph (d) of the definition
``court'' in section 2 of the Winding-up and
Restructuring Act is replaced by the
following:
|
|
|
|
|
R.S., c. Y-1
|
Young Offenders Act
|
|
|
86. Section 8 of the Young Offenders Act is
amended by adding the following after
subsection (6):
|
|
Nunavut
|
(6.1) Despite subsection (6), an application
under section 520 or 521 of the Criminal Code
for a review of an order made in respect of a
young person by a youth court judge who is a
judge of the Nunavut Court of Justice shall be
made to a judge of that court.
|
|
|
87. Subsection 12(4) of the Act is replaced
by the following:
|
|
Where youth
court not
satisfied
|
(4) Where the youth court is not satisfied
that a young person understands the charge
against the young person , 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) or, with respect to
proceedings in Nunavut, subsection 19.1(2).
|
|
|
88. The Act is amended by adding the
following after section 19:
|
|
If young
person pleads
guilty -
Nunavut
|
19.1 (1) If a young person pleads guilty to
an offence charged against the young person
and the youth court is satisfied that the facts
support the charge, the court shall find the
young person guilty of the offence.
|
|
If young
person pleads
not guilty -
Nunavut
|
(2) If a young person charged with an
offence pleads not guilty to the offence or
pleads guilty but the youth court is not
satisfied that the facts support the charge, the
court shall, subject to subsection (4), proceed
with the trial and shall, after considering the
matter, find the young person guilty or not
guilty or make an order dismissing the charge,
as the case may be.
|
|
Application
for transfer to
ordinary
court -
Nunavut
|
(3) The court shall not make a finding under
this section in respect of a young person in
respect of whom an application may be made
under section 16 for an order that the young
person be proceeded against in ordinary court
unless it has inquired as to whether any of the
parties to the proceedings wishes to make such
an application, and, if any party so wishes, has
given that party an opportunity to do so.
|
|
Election re
offence of
murder -
Nunavut
|
(4) If a young person is charged with having
committed first degree murder or second
degree murder within the meaning of section
231 of the Criminal Code, the youth court,
before proceeding with the trial, shall ask the
young person to elect
|
|
|
|
|
|
|
|
|
and if a young person elects under paragraph
(a) or (b), the young person shall be dealt with
as provided in this Act.
|
|
If no election
made -
Nunavut
|
(5) Despite section 5, if an election is not
made under subsection (4), the young person
shall be deemed to have elected under
paragraph (4)(b).
|
|
Preliminary
inquiry -
Nunavut
|
(6) If a young person elects or is deemed to
have elected under paragraph (4)(b), a
preliminary inquiry shall be held in the youth
court and if, on its conclusion, the young
person is ordered to stand trial, the
proceedings shall be before a judge of the
Nunavut Court of Justice, acting as a youth
court, with a jury.
|
|
Preliminary
inquiry
provisions of
Criminal
Code -
Nunavut
|
(7) A preliminary inquiry referred to in
subsection (6) shall be conducted in
accordance with the provisions of Part XVIII
of the Criminal Code, except to the extent that
they are inconsistent with this Act.
|
|
Parts XIX and
XX of the
Criminal
Code -
Nunavut
|
(8) Proceedings under this Act before a
judge of the Nunavut Court of Justice, acting
as a youth court, with a jury shall be
conducted, with any modifications that the
circumstances require, in accordance with the
provisions of Parts XIX and XX of the
Criminal Code, except that
|
|
|
|
|
|
|
|
Application to
Nunavut
|
(9) This section, and not section 19, applies
in respect of proceedings under this Act in
Nunavut.
|
|
|
89. Section 27 of the Act is amended by
adding the following after subsection (3):
|
|
Nunavut
|
(3.1) Despite subsection (3), if the Nunavut
Court of Justice is acting as a youth court, an
appeal under subsection (1.1) shall be made to
a judge of the Court of Appeal of Nunavut, and
an appeal of that judge's decision shall be
made to the Court of Appeal of Nunavut in
accordance with section 839 of the Criminal
Code.
|
|
R.S., c. Y-2
|
Yukon Act
|
|
|
90. Section 34 of the Yukon Act is replaced
by the following:
|
|
Ex officio
judges
|
34. A judge, other than a deputy judge , of
the Supreme Court of the Northwest
Territories or of the Nunavut Court of Justice
is ex officio a judge of the Supreme Court of
the Yukon Territory.
|
|
|
Conditional Amendment |
|
Bill C-40
|
91. If Bill C-40, introduced in the first
session of the thirty-sixth Parliament and
entitled An Act respecting extradition, to
amend the Canada Evidence Act, the
Criminal Code, the Immigration Act and the
Mutual Legal Assistance in Criminal
Matters Act and to amend and repeal other
Acts in consequence, is assented to and
section 130 of that Act comes into force
before section 66 of this Act, section 66 of
this Act is repealed.
|
|
|
Coming into Force |
|
Coming into
force
|
92. (1) Subsection 7(1) is deemed to have
come into force on June 12, 1998.
|
|
Coming into
force
|
(2) Sections 13 to 90 come into force on
the day section 3 of the Nunavut Act comes
into force.
|
|