Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

cHAP. 1] THE TENURE OF JUDICIAL OFFICES 1337 There is nothing in the British North America Act which relates to the tenure of the Supreme Court Judges, and their tenure therefore depends upon the Canadian Act, which >stablished the Supreme Court of Canada! That Court as now constituted under the Supreme Court Act, c. 139 of the Revised Statutes of 1906, consists of a Chief Justice and five Puisne Judges appointed by the Governor in Council by letters patent under the Great Seal. It is provided by S. 9 that the judges shall hold office during good behaviour, but shall be removable by the Governor-General on address of the Senate and House of Commons. In the case of Judges of County Courts it is provided by S. 28 of the Revised Statutes, c. 138, that every Judge shall, subject to the provisions of the Act, hold office during good behaviour and residence in the county or counties over which his Court is established. But he may be removed from office by the Governor in Council for misbehaviour or for incapacity or inability to perform his duties properly on account of old age, ill health, or any other cause, if the circumstances respecting the misbehaviour, incapacity, or inability are first inquired into, and if the judge is given reasonable notice of the time and place appointed for the inquiry, and is afforded an opportunity by himself or his counsel of being heard thereat, and of cross-examining the witnesses and adducing evidence on his own behalf. If he is removed from office for any such reason, the Order in Council providing for his removal, and all reports, evidence, and correspondence relating thereto, shall be laid before Parliament within the first fifteen days of the next session. The Governor-General in Council may for the purpose of inquiring into the circumstances respecting the misbehaviour, inability. or incapacity of a Judge, issue a commission to one ' 30 Viet. c. 3, 5. 99, makes the J udges of the Superior Courts in the pro- vinces hold during good behaviour, and provides that they shall only be removable by the Governor-General on address of the Senate and House o Commons. The salaries of judges are not voted annually, but put on the Civil List; Bourinot, Constitutional History of Canada, p. 151: Revised Statutes, 1906. ¢. 13%

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