ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1955 FIRST, SECOND AND THIRD SESSIONS F. H. COLLINS COMMISSIONER Printed and Published for the Government of the Yukon Territory under Authority of

Chapter 75 of the Consolidated Ordinances of 1914. BY H. J. TA YLOR, Queen's Printer

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1955 FIRST. SEGOND AND THIRD SESSIONS F. H. COLLINS COMMISSIONER PriDted aDd Publi.hed for the GoVerDmeDt of the YDkaD Territory UDder Authority of

Chapter 7S of the CaD.alidated -OrdhulDcea of 1914. BY H. J. TA YLOR, QaeeD'. PriDter

Chap. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. TABLE OF CONTENTS FIRST SESSION An Ordinance to Provide for the Protection of Children An Ordinance Respecting Public Aid to Hospit:\ls ................. . An Ordinance Respecting Compensation for Fatal Accidents ............................. . .................................................................................... . An Ordinance to Facilitate the Enforcement of .Maintenance Orders An Ordinance Respecting Witnesses and Evidence The Collection Ordinance ....

" ............ _ ............................................... _._ ... _._. __ An Ordinance Respecting Vocational Training Agree­ ments Between the Yukon Territory and the Government of Canada ................ -..... -... -...... -... -.... -................ -.-.. -... -...................... -.... -.......... -...... -..... -. An Ordinance Respecting Liability in Actions for Damages for Negligence where more than one Party is at Fault ........................... _ ...... _ ................ _ ......................... _ ................ _ ................ _ ....... _ ....... _ .... .

An Ordinance Respecting the Exportation of Furs ........... . An Ordinance to Provide for the Imposition and Collec­ tion of a Tax on Persons Attending Places of Amusement An .ordinance Respecting Employment Agencies .... _. __ ._ ...... An Ordinance Respecting Trespassing and Straying of Animals ................................... _ ....... _ ..................... _ ........................................ _._ .... _ .. _ ....... ..

An Ordinance Respecting the Practice and Procedure in Civil Matters in Police Magistrate's Courts ........................... _ An Ordinance Respecting Dogs ........ _ ...................... _ .......... _ ..................... _ An Ordinance to Provide for Allowances to Disabled Persons ........... _._ .... _ ....... _ ................ _ ....... _ ...................................... __ ....... _ ... .. An Ordinance Respecting the Profession of Pharmaceu tical Chemist .. _._ ....... _ ....... _ ....... _ ......... _._._ ..... _ ....... _ ...... _ ...... __ ... _ .. .

An Ordinance Respecting the Investigation of Accidents by Fire .. __ ._ .. _ ....... __ .... _ ........ _ .... _ .. _ .............. _. ____ ....... _ ....... _ .... _ .... . An Ordinance to Repeal Certain Ordinances ............. _ .. _ .......... .. An Ordinance to Amend the

Interpretation Ordinance An Ordinance to Amend the Marriage Ordinance ............. _._ All Ordinance to Amend the Motion Pictures Ordinance Page 1 23 27 31 39 70 77 80 82 ss 93 95 101 106 111 115 IJ5 137 138 139 141 22. An Ordinance to Amend the Judicature IOrdinance .... _ ...... _.... 142 23. An Ordinance to Amend the Gasoline and Diesel Oil Tax Ordinance .. _ .. _ ... _ ............ _ .. _ ... _ .. _ .. _ ...... _ .. _ ...... _ ........... __ .. _._ ....... __ ........ _.__ 152 24. All Ordinance to Amend the Adoption Ordinance ........................ 153 25.

An Ordinance to Amend the Yukon Game Ordinance ...... 154 26. An Ordinance to Amend the Workmen's Compensa- tion Ordinance .. _ ...... _ ....... _ ....... _. __ .... _ ..... _ ............. _ ........................ _ .... __ ..... __ ....... _ ... _ 155 27. An Ordinance to Authorize the Commissioner of the Yukon Territory to Extend the Boundaries of the City of Whitehorse and to Make an Agreement with the City of Whitehorse .. _ ....... _ .......... _ .......... _ ... _ ....... _ ... ___ ... _ .. _ ...................... _ ....... _ ............... _..... 160 28.

An Ordinance to Authorize the Commissioner to Lend ~[oney to the City of Whitehorse for the Construction of Municipal Works _. ____ . __ ._._. __ ._ .. _. ______ ._ 166 29. An Ordinance to Provide for the Imposition and Collec-tion of a Poll Tax ______ ._____ 170

Chap 30. 31. 32. 33. .34. 35. 1. 2. 3. 4. .). 6. 7. 8. An .ordinance to Authorize the Commissioner of Yukon Territory to Enter into an Agreement with the City of Whitehorse l{especting the Construction of a Waterworks System and Sewage System in the City of White horse and in the New Subdivision Adjacent to such City, and to Authorize the Commissioner to enter into a Contract for the Construction of sllch Waterworks System and Sewage System ............................... .

An Ordinance Respecting the Practice of Professional Engineering .............................................................................................. _ .............................. .. An Ordinance to Amend the Government Liquor Or(linance ............................. _ .......................................................................... _ ....... _ ................... .

An Ordinance to Amend the Motor Vehicles Ordinance An Ordinance for Granting to the Commissioner Certain Sums of Money to Defray Expenses of the Public Service of the Territory ...................................... _ ......................... _ ....... _ .................. .. An Ordinance for Granting to the Commissioner Certain Sums of Money to Defray the Expenses of the Public Service of the Territory .................................................................. _ ............... ..

SECOND SESSION An Ordinance to Authorize the Commissioner to Borrow a Sum not exceeding Seven Hundred and Eighty Thollsand Dollars from the Government of Canada and to Authorize the Commissioner to Execute an Agreement Relating Thereto ...................................... _ .............................................. _ ....... _ .................. ..

An Ordinance to Authorize the Commissioner to Borrow a Sum not exceeding $750,000 from the Government of Canada to enable the Yukon Territory to contribute a slim not exceeding that amount towards the Construction of a Hospital at White horse .................... _ ......................... _ ....... _ ....... _ ....... _ .... .

An Ordinance to Approve an Agreement Respecting a Territorial School at Whitehorse made between the Government of Canada and the Commissioner of Yukon Terri tory ...................................... _ ............. _ .................................. _._ .. __ ....... _ ....... _ ....... _ ....... _ ... ..

An Ordinance to Authorize the Commissioner to Enter into an Agreement with La Communaute des Soeurs de Charite de la Providence and the Catholic Episcopal Corporation of Whitehorse for the! .Erection of a School at Whitehorse and to Authorize a Grant to Assist in the Erection of such "School .. _ ...................................... _ ............. _ ....... _ ................ _ ... ..

An Ordinance to Approve an Agreement Respecting the Maintenance of the Road between Whitehorse and Mayo in the Yukon Territory between the Government of Canada and the Commissioner of the Yukon Territory An Ordinance Respecting the Attachment of Debts ........... . An .Ordinance to Amend an Or~inance Respecting the Council of the Yukon T~rritory ..................................................... __ ............. ..

An Ordinance for Granting to the Commissioner Certain Additional Sums of Money to Defray the Expenses of the Public Service of the Territory .... __ .. _ .............. _ ......... _ .. _ ... _ ........... . Page 177 191 207 208 209 217 221 232 236 240 245 247 254 255

Chap. I. 2. 3. 4. :J. 6. 7. 8. 9. 10. 1I. 12. 13. 14. li 16. 17. 18. 19. 20. 21. 22. 23 24. 7· _:J. THIRD SESSION An Ordinance Respectin~ Cemeteries and Burial Sites An Ordinance Respecting J\'Iasters and Servants An Ordinance Respecting Trustees and Executors and the Administration of Estates ............................................................... .. An Ordinance to Provide for the Maintenance of Children of Unmarried Parents ............................................................. ..

An Ordinance Respecting Lands of the Yukon Territory An Ordinance Respecting Newspapers .................................................. . An Ordinance Respecting the Practice of Chiropractic An Ordinance Respecting the Practice of Optometry An Ordinance Respecting Garagc Keepers ................................ .. An Ordinance to Repeal Certain Ordinances .. An Ordinance Respecting Transfers of Land to Joint Owners ..... .. ......................... ..

An .ordinance Respecting Steam Boilers and Pressure Vessels ................. ................................ .. ...................................................................... .. An Ordinance Respecting Ferries ........................................................... .. An Ordinance Respecting the Imposition and Collection of a Tax on Motor Vehicle Fuel .................................................................. .. An Ordinance to Amend the Amusement Tax Ordinance An Ordinance to Amend the

Interpretation Ordinance An Ordinance to Amcnd the Landlord and Tenant Onlinance ............................................................................................................................... .. An Ordinance to Amend the Marriage Ordinance ............. . An Ordinance to Amcnd the Protection of Children Ordi nance .................................................................... _ ............. _ .................................... .. An Ordinance to Amend the Conditional Sales Ordinance An Ordinance to Amend the Evidence ,Ordinance ......

An Ordinance to Amend the Workmen's Compensation Ordinance ............ .. ...................................................................................................... _ An Ordinance to Amend the Old Age Assistance and Blind Persons Allowance Ordinance ..................................................... . An Ordinance to Amend the Government Liquor Ordinance ............................................................................................................................. ..

An Ordinance to Amend the Yukon Territorial Public Service Ordinance ....................... .. ............................................................ .. Page 261 275 278 302 309 312 314 323 331 339 342 343 356 361 367 368 369 370 371 374 376 377 383 384 385

ORDINANCES OF THE YUKON TERRITORY Passed in the eighth session of the sixteenth Council of the Yukon Territory begun and holden at the City of W&itehorse on the sixteenth day of March, 1955, and prorogued on the second day of April, 1955.

PROTECTION OF' CHILDREN

CHAPTER 1 1955 (First Session) AN ORDINANCE TO PROVIDE FOR THE PROTECTION OF CHILDREN (Assented to April 2nd, 1955.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

SHORT TITLE CHAP. 1 1. This Ordinance may be cited as the Protection of Children

Short title. Ordinance. INTERPRETA nON 2. In this Ordinance

Definitions. (a) "child" means a person under the age of eighteen "Child". years; (b) "children's aid society" or "society" means a children's aid society declared to be a body corporate pursuant to this Ordinance and any children's aid society incorpor­ ated urider any other Ordinance prior to the coming into force of this Ordinance; (c) "foster home" means a private home approved by the Superintendent or by a children's aid society for the purpose of the placement of a child therein, irrespective of whether any payment is made to the home for maintenance· of the child; (d) "justice" means a police magistrate or any two justices of the peace or any person· having the authority ··a:nd jurisdiction of two justices of the peace; "Children's aid society".

"Foster home". "Justice". (e) "officer". 'means. a person appointed by a children's "Officer". aid society for the purpose of enforcing or carrying out the provisions of this· Ordinance·;

CHAP. 1 "Parent". "ProbatioD officer". "Street". "Superin. tendent". Appointment 01 Suptrin· tendent. Other officers and employees. Duties 01 Superin· tendent. PROTECTION OF CHILDREN (f) "parent" includes a guardian; (g) "probation officer" means a probation officer for juvenile delinquents appointed under the Juvenile De· linquents Act or under any Ordinance of the Territory; (h) "street" includes any highway or public place, whether a thoroughfare or not; and (i) "Superintendent" means the Superintendent of Child Welfare appointed under this Ordinance. SUPERINTENDENT 3.

The Commissioner may appoint an officer to be called the Superintendent of Child Welfare who shall hold office during pleasure. 4. The Commissioner may appoint such persons to assist the Superintendent in the performance of any of his duties under this Ordinance as he deems necessary. 5. The Superintendent shall (

a) ensure that the provisions of this Ordinance are car­ ried out and that all returns provided for by this Ordin­ ance are made; (

b) make a written report monthly to the Commissioner setting forth the name, date of birth and religion of any child committed to his care or to the care of a society during the month immediately preceding the making of the report, and when and where such com­ mittal was made; (

c) encourage and assist in the establishment of such so­ cieties as he deems advisable; (

d) advise any society with respect to the performance of its duties; (

e) ensure that each society keeps a record of (

i) all children committed to the care of the society, 2

PROTECTION OF CHILDREN (ii) all children placed in foster homes by the society, and (iii) such other particulars as the Superintendent deems desirable; (

f) direct and supervise the visiting of any place where a child is placed pursuant to this Ordinance; (

g) prepare and submit an annual report to the Commis­ sioner; and (

h) perform such other duties as may devolve upon him under any other Ordinance. 6. CHILDREN'S AID SOCIETIES

(1) Where ten or more Canadian citizens over the age of twenty-one years of age who reside within any area described in paragraph (

b) desire to form a children's aid society they may make application to the Commissioner in Form A, which application shall be signed by each of the applicants and shall set out, (

a) the proposed name of the children's aid society; (

b) the boundaries of the area in which the society proposes to carry on its business and over which it proposes to exercise jurisdiction; (

c) that the applicants reside in the area described in paragraph (b); (

d) the proposed number of directors of the society; (

e) the names, addresses and occupations of the so­ ciety's first directors; and (

f) the time when and place where the first general meeting of the society will be held. CHAP. 1 AppIica liOD for incorporation.

(2) The signature of each of the applicants shall be veri- Verification of applica- fied by statutory declaration to the satisfaction of the tion. Commissioner. 7.

(1) Upon receipt of an application referred to in sec- Incorporation. tion 6 the Commissioner may, if he approves of the proposed society, declare it to be a body corporate 3

CHAP. 1 Powers of society. Boundaries. Directors. Provisional directors. By.laws. PROTECTION OF CHILDREN under the name set out in the application or under such other name as the Commissioner may determine.

(2) Section 13 of the

Interpretation Ordinance applies to and in respect of any society declared to be a body cor­ porate pursuant to subsection (1), and the society may acquire and hold by gift, purchase, grant, devise or be­ quest any property, real or personal, and may dispose of any such property for the purposes of the society. 8. The Commissioner, upon request of a children's aid society, may change the boundaries of the area within which it operates. DIRECTORS 9.

(1) The affairs of a society shall be managed by a board of not less than five directors who shall be elected by the members of the society at a general meeting thereof assembled at such time and place within the Territory as, in the case of the first general meeting, was named in the application, and, in subse­ quent cases, as is prescribed in the by-laws.

(2) Until the holding of the first general meeting, the provisional directors named in the application shall manage the affairs of the society. 10.

(1) The directors may make by-laws, not inconsistent with the provisions of this Ordinance, regulating 4 (

a) the number of directors of the society and their term of service; (

b) the appointment, functions, duties and removal of agents, officers and servants of the society, the security to be given by them to the society, and their remuneration; (

c) the time and place of the annual meeting and the notice to be given thereof; (

d) the calIing of regular and special meetings of the board of directors, the fixing of a quorum, and the procedure at meetings;

PROTECTION OF CHILDREN (

e) the qualification and terms of admission of mem­ bers; and (

f) generally, the conduct of all other affairs of the society.

(2) The directors may repeal, amend or re-enact any by­ law but such repeal, amendment, or re-enactment shall have force only until the next annual meeting of the society unless confirmed at a general meeting called for that purpose, or unless confirmed at the annual meeting. CHAP. ] Confirmation 01 by· laws.

(3) No by-law and no repeal, amendment, or re-enactment Approval 01 COmmissioner. thereof has any force or effect unless approved by the Commissioner. 11. A society shall mail to the Superintendent a copy of every notice for the calling of any annual meeting or special meeting of the society or for any meeting of the board of directors, and the Superintendent has the right to attend at and take

part in the proceedings of any such meeting· but does not have the right to vote at such meeting. APPREHENSION AND EXAMINATION OF CHILDREN Notice 01 meetings. 12. For the purposes of this Ordinance a child is deemed ~~~d~o to be in need of protection, ~~~ti:.ol (

a) who is found begging, whether actually or under pre­ text of selling or offering anything for sale, in any street, house or place of public resort; (

b) who is found sleeping a t night in other than proper housing accommodation and without proper adult supervision; (

c) who is found associating or dwelling with a thief: drunkard or vagrant; (

d) who, by reason of neglect or drunkenness or other vices of the parents, is suffered to grow up without proper parental control and education, or in circumstances ex· posing such child· to· an idle or dissoiu·te life; 5

CHAp. 1 PROTECTION OF CHILDREN (

e) who is found in a disorderly house; (

f) who is found in the company of persons reputed to be criminal, immoral or disorderly; (

g) who is an orphan without adequate protection for his upbringing; (

h) who has been deserted by his parents; (

i) who is found guilty of petty crimes and who is likely to develop criminal tendencies if not removed from his surroundings; (

j) who is found wandering about at late hours and who has no home or settled place of abode or proper guardianship; (

k) who is incorrigible or who cannot be controlled by his parents; (

I) whose parents or only parent are undergoing imprison­ ment; (

m) whose home by reason of neglect, cruelty, or depravity therein is an unfit place for the child, or who has no proper guardianship, or who has no parent capable of and willing to exercise proper parental control; (

n) who is subject to such blindness, deafness, feeble-mind­ edness or physical disability as is likely to make him a charge upon the public; (0) who is exposed to infection from tuberculosis or from any venereal disease in any place or surroundings where proper precautions to prevent infection are not taken; (

p) who is suffering from such lack of medical or surgical care as IS likely to interfere with his normal develop­ ment; (

q) who is habitually truant from school and IS likely to grow up without proper education; 6

PROTECTION OF CHILDREN (

r) who is so neglected as to be in a state of habitual vagrancy or mendicancy; or (

s) who is so ill-treated as to be in peril of his life, health or morality by continued personal injury, or by grave misconduct or habitual intemperance of his parents. 13.

(1) Any person may file with the Superintendent a petition verified by a statutory declaration showing that there is at any place within the Territory a child who appears in need of protection and praying that the child be apprehended and brought before a justice to be dealt with in accordance with this Ordinance.

(2) A petition mentioned in subsection (1) shall give a statement of the facts describing the child in need of protection, and setting out the name of the parent or other person in whose custody the child is, if known to the petitioner.

(3) Upon the filing of the petition, the Superintendent shall cause proper inquiries to be made and may, if he deems it advisable, have the child apprehended and brought before a justice to be dealt with in accordance with this Ordinance. 14. The Superintendent, any person authorized in writing by him, any constable or officer of the Royal Canadian Mount­ ed Police or any probation officer may apprehend without warrant and, within ten days, bring before a justice any child who appears to be in need of protection. 15. The "justice before whom a child is brought under

section 14 shall investigate the facts of the case and determine whether the child is in need of protection. 16 .. A person who apprehends a child under

section 14 shall within three days from the apprehension notify the following persons of the time when and place where the child is to be brought before a justice: (

a) the parents or persons having the actual custody of the child, if known; and (

b) the Superintendent. 7 CHAP. 1 Petitions. Idem. Inquiry to be made by super· intendent. Apprehension of child in need of protection. InvestiJation by justice. Notice.

CHAp. 1 Application for warrant to apprehend. Absconding child. Interinl disposition. Order of justice. Idem. PROTECTION OF CHILDREN 17.

(1) The Superintendent, any person authorized in writing by him, any constable or officer of the Royal Canadian Mounted Police, any probation officer or any officer of a children's aid society may, where there is reason to believe that a child is in need of protec­ tion in any place, or that a child committed to the care of the Superintendent or a children's aid society has absconded and is being harboured in any place, apply to a justice to issue a warrant for the apprehension of the child, and the justice, may, in his discretion, issue a warrant to enter such place, by day or night, and if necessary to use force in effecting entry, to search for the child, and to bring him before the justice to be dealt with in accordance with

section 19.

(2) Where a child brought before a justice pursuant to subsection (1) is one who has absconded from the care of a society or the Superintendent, the justice may, instead of dealing with him in accordance with

section 19, order that the child be delivered into the custody of the society or the Superintendent with whom he was previously committed. 18. Notwithstanding any other Ordinance, the justice may, from time to time, adjourn the case, for such length of time as he deems proper, and pending the final disposition of the case the justice may direct that the child remain in the custody of his parents, or of the person who apprehended the child, or such other suitable person or place as the justice deems fit. 19.

(1) If, after investigation, the justice finds a child to be in need of protection, he shall make an order setting out his findings arid a statement of the facts, including the name, date of birth, nationality and religion of the child, the occupation and place of abode of the parents or either of them, and whether either of such parents is dead or has abandoned the child.

(2) An order made under subsection (1) shall provide, 8 (

a) that the case be adjourned line die and that the child be returned to his parents or any other person having actual custody of the child at the

PROTECTION OF CHILDREN time of apprehension, subject to inspection and 'supervision by the Superintendent or a children's aid society having jurisdiction within the area where the child was apprehended; (

b) that the child be delivered into the control of his parents, subject to such terms and conditions as to the justice seem just; or (

c) that the child be committed to the care of the Superintendent, or a children's aid society having jurisdiction within the area where the child was apprehended.

(3) Where, pursuant to paragraph (

a) of subsection (2), a child has been returned to his parents or any other person having the actual custody of the child, the Superintendent or the children's aid society named in the order may, upon giving five clear days notice to the persons mentioned in

section 16, bring the case again before the justice who, after investigation, may make such further order, as provided in subsection (2), as to him seems proper.

(4) Where, pursuant to . paragraph (

c) of subsection (2), a child has been committed to the care of a society or the Superintendent, the society or the Superinten­ dent is entitled to take the child into custody for placement in accordance with the provisions of this Ordinance. 20. The justice shall deliver to the Superintendent a certi­ fied copy' of the order made in each case, and where the justice in his order has committed the child to a children's aid society, or has returned. the child to hIs parents under the supervision of a children's aid society, the Superintendent shall cause to be delivered a certified copy. of the order to the children's aid society. 21.

(1) Where the justice commits a child to the care of the Superintendent, the Superintendent shall make arrangements as soon as possible for placing the child in a foster home or such other place as he deems suit­ able having regard to the interests and welfare of the child. 9 Further order ma>,: be made. OIild may be taken into custody. Copy 01 order to be delivered to Superin­ tendent. Where child committed to care 01 Super­ intendent.

CHAP. 1 Superin' tendent to be guardian of child. Child may be deli vered to society. Disposition by society. Where chiH committed to c;are of society. Society to be guardIan of child. PROTECTION OF CHILDREN

(2) Where a child has been committed to the care of the Superintendent, the Superintendent shall be the guard­ ian of the child until (

a) he is relieved of such guardianship by order of a justice; (

b) the child reaches the age of eighteen or, if female, sooner marries; or (

c) the child is delivered to a children's aid society under subsection (3).

(3) With the consent of a children's aid society, the Super­ intendent may, at any time, deliver a child committed to his care, to that society upon delivering to the so­ ciety a certified copy of the justice's order endorsed with a memorandum signed by the Superintendent noting the delivery of the child to the society.

(4) Upon receiving a child delivered to him under sub­ section (3), the society shall deal with the child as if it had been delivered to it under the order of a justice made pursuant to

section 20. 22.

(1) Where a justice commits a child to the care of a children's aid society, the society shall receive the child in its custody and shall make arrangements as soon as may be for placing the child in a foster home during the child's minority or for any less period speci­ fied in the order, but the society may withdraw the child from any such foster home if in the opinion of the society the welfare of the child so requires.

(2) A society in whose care a child has been committed shall be the legal guardian of the child until, (

a) it is relieved of the guardianship of the child by order of a justice; (

b) the child reaches the age of eighteen or, if female, sooner marries; or 10

PROTECTION OF CHILDREN (

c) it delivers the child to the Superintendent under subsection (3).

(3) With the consent of the Superintendent, a children's aid society may, at any time, deliver a child committed to its care to the Superintendent upon delivering to the Superintendent a ~ertified copy of the justice's order endorsed with the memorandum signed by an authoriz­ ed officer of the society noting the delivery of the child to the Superintendent. CHAP. 1 Child mar be delivered to Superin­ tendent_

(4) Upon receiving a child delivered to him under sub- Disposition by Superin- section (3), the Superintendent shall deal with the child tendent_ as if it had been delivered to him under the order of a justice made pursuant to

section 19. 23. No child shall be maintained by a society for a period exceeding six months elsewhere than in a foster home except with the written consent of the Superintendent, who may at any time withdraw his consent, but if the Superintendent withholds or withdraws his consent the society may appeal to the Commissioner and the Commissioner may thereupon make such direction to the Superintendent as he deems p~oper, and the Superintendent shall comply with such direc­ tion. 24_ Every society in whose care a child is committed shall send a report each month to the Superintendent setting out (

a) the fuB name, date of birth, nationality and religion of the child, if known to it; (

b) the details of any or all orders of committal made m respect of the child; (

c) if possible, the names and addresses of the parents of the child; (

d) the disposition made by the society of the child dur­ ing the period covered by the report, whether by way of adoption, placing in a foster home, or otherwise, and stating in each case the name, place of abode, occupa­ tion and religion of the parents by adoption or foster parents' of every child so disposed of; and 11 Temporary maintenance. Report to Superin­ tendent.

CHAP. 1 Rescission of order of committal. Idem. Whue two or more children of same family. Religious persuasion of child. PROTECTION OF CHILDREN (

e) such other information as may be prescribed by the Commissioner. 25.

(1) Where a child has been committed to the care of a children's aid society or to the Superintendent, and the society or the Superintendent is satisfied that it would be for the benefit of the child that the order of commit­ tal be rescinded, or that the child be permitted to re­ turn either temporarily or permanently to its parents, the society or the Superintendent may make an appli­ cation to a justice to rescind the committal or grant permission for the child to be returned to its parents; and the justice, if satisfied that it would be· for the benefit of the child, may rescind the order of committal or may, without rescinding the order of committal, grant permission for the child to be either temporarily or permanently returned to its parents under the super­ vision of the society or of the Superintendent.

(2) Where a justice is satisfied upon any complaint made by a parent of the child, five clear days notice of which has been given to the Superintendent, that it is for the benefit of the child that it should be either perman­ ently or temporarily under the control of such parent, or that the guardianship of the Superintendent or of the society should be terminated, he may make any order accordingly and· any such order shall be com­ plied with by the Superintendent or by the society, and the justice may, by such order, terminate the guardian­ ship of the Superintendent or society. 26.

Where two or more children of the same family are subjected to investigation at the same time, only one order need be made. 27;

(1) Notwithstanding anything in this Ordinance, the justice, in determining the person or society in whose care the child is to be committed, shall (

a) endeavour to ascertain the religious persuasion to which the child belongs; (

b) if possible, select a person or society of the same religious persuasion as the child; and 12

PROTECTION OF CHILDREN (

c) specify the religious persuasion of the child in the order.

(2) Where a child has been placed with a person or society of a different religious persuasion than that to which the child belongs, the justice shall, on the application of any person and on its appearing that a fit person or society of the same religious persuasion as that of the child is willing to undertake the charge, make an order directing that the child be placed with such person or society. VISITING AND INSPECTION 28. A society in whose care a child is committed and every person entrusted with the care of the child under this Ordi­ nance shall, (

a) permit the .child to be visited, and (

b) permit apy place where the child may be or reside to be inspected. by the Superintendent or by any person au·thorized. by the Superintendent for the purpose. 29.

(1) Every children's aid society, charitable society, orphanage, children's or infants' home, or other home or institution that undertakes.or assumes in any manner the care or custody o(children 'shall, in addition to all other requirements of this Ordinance, upon the re- o quest of the Superintendent or' any person authorized by the Commissioner, (

a) furnish to the Superintendent or the person so authorized full information and particulars con­ cerning eve~y child whom the home or institution has dealt 'with, given care to or had in custody; and (

b) permit the Superintendent or person so authorized to have access to all' parts of the premises and I::iuildings of the home or institution, except any parts. thereof used exclusively for: religious or 13 Childmay~ placed with ~ociety of same per· suasion. Yisitin!l' and lDspectlon. Inspection of foster home.

CHAP. 1 Commissioner may order public. . InvestigatIOn. Religious instruction. Offences. PROTECTION OF CHILDREN residential purposes by any member of a re­ ligious order therein, and to all children therein and all books and records of the home or institu­ tion dealing with the custody of such children.

(2) Where it appears to the Superintendent that the management of any home or institution referred to in subsection (1) is not such as to be in the best interests of the children in its care or custody, or that the home or institution in the public interest should be made the subject of public investigation, he shall report the circumstances to the Commissioner and the Commis­ sioner may appoint a person or persons to inquire into and .report upon the management and conduct of the home or institution, including the methods followed by it in receiving and placing children, and direct the man- ner of conducting the inquiry. . 30.

Subject to regulations made by the Commissioner under this Ordinance, any clergyman or other person duly authorized by the recognized head of a religious denomina­ tion is entitled to be admitted to any temporary home or shelter and to have access to such of the children placed or detained therein as are of his religious persuasion, and may give instructions, on such days and at such times as are specified in the regulations, for the religious education of such children. 31.

Any jus~ice as defined in this Ordinance, any justice of the peace and any metnber of the Parliament of Canada or of the Council of the Territory is entitled at any time to visit and inspect any home, other than a foster home, and any school or shelter provided or used for children in need of protection. OFFENCES AND PENALTIES 32. (1 ) No person shall, (

a) induce or attempt to induce a child under eighteen years of age to leave a foster home, shelter, or temporary home in which he was placed by a children's aid society or by the Superintendent; 14

PROTECTION OF CHILDREN (

b) detain or knowingly harbour an absconding child committed to the care of a children's aid society or the Superintendent; (

c) having the care, custody, control or charge of a child under the age of eighteen years, ill-treat, neglect, desert, abandon or expose such child or procure the ill-treatment, neglect, desertion, abandonment or exposure of such child; or (

d) omit to perform a duty cast upon him under this Ordinance. CHAP. 1

(2) Any person who violates any prOVISIOn of this Ordi- Penalties. nance is guilty of an offence and is liable upon sum- mary conviction to a fine not exceeding one hundred dollars, or to imprisonment for a term not exceeding one year, or to both fine and imprisonment. 33: No child shall be placed with any person, society, home Prohibition. or other institution by reason only that such person, society, home or other institution has submitted the lowest bid in respect of that child. 34.

(2) COST OF MAINTENANCE

(1) Where a justice commits any child to the care of a children's aid society or the Superintendent, he may at the same time or subsequently, upon application by the society or the Superintendent, make an order for payment by the Territory of a reasonable sum, not less than four dollars per week, to the society or the Super­ intendent to cover the costs incurred by the society or the Superintendent in maintaining and supervising the child in any temporary home or shelter or in any foster home in which the child may be placed by the society or the Superintendent.

Before any order for payment is made under subsec­ tion (1) in favour of a society, the society shall furn· ish the justice with a statement showing the average per diem cost of maintaining and supervising each child 15 Order [or payment o[ maintenance. Society to furnish state· nlent of per di~01 costs.

~HAP. 1 Superin. tendent to lurnish statement. Parent may be made liable to Terri tory. Applications lor variation or order. Applications by parent. PROTECTION OF CHILDREN in its care during the immediately preceding fiscal year of the society as confirmed by the society's auditors and the Superintendent, and in the absence of evidence to the contrary such average cost shall be held to represent the reasonable cost of maintaining and super­ vising a child in the society'S care, and the justice shall make his order in accordance with such statement.

(3) Before any order for payment is made under sub­ section (1) in favour of the Superintendent, the Super­ intendent shall furnish the justice with a statement showing the average per diem cost per child as specified in subsection (2) of each children's aid society, if any, op.erating in the Territory, as confirmed by the society's auditors in each case, but where there is no such society operating in the Territory the statement shall show the average per diem cost of maintaining and supervising the children who were in the Superinten­ dent's care during the immediately preceding fiscal year, and the justice in making the order shall direct payment 'of an amount not less than the lowest and not greater than the highest such average per diem cost; 35.

An order of committal under this Ordinance, in addi­ tion to directing paym~nt by the Territory to any society or to the Superintendent to whose custody or control the child is committed of a reasonable sum, as specified in sec­ tion 34, to cover the cost of maintaining and supervising the child, may also direct payment to the Territory by the parent of the child of any amount not exceeding the amount directed to be paid by the Territory.· 36.

(1) At any time after an order for payment is made under

section 34, the Commissioner, children's aid so~iety or Superintendent may apply to a justice for such variation of the order already made as the circum­ stances may warrant.

(2) Any parent may make application to a justice as pro­ vided in subsection (1) for an order varying the amount payable by him under any order, or revoking the order, or varying or suspending in whole or in part the oper­ a tion of the same in so far. as ita pplies to him. 16.

PROTECTION OF CHILDREN 37.

(1) Subject to subsection (2), where a'n order is made for any payment for the maintenance and supervision ,of a 'child, the period for which the payrrient shall be made commences at the time the child was' appre­ hended, irrespective of the date of the order of com­ mittal of the child or the date of the order for pay­ ment, and continues so long as the child remains in the care' of the society or the Superintendent and contin­ ues to be an expense to the society or the Superin­ tendent, or until the child reaches the age of eighteen years, whichever IS the earlier. ' Duration 01 pay....,nt.

(2) The society or the Superiendent may, on givmg ten Application for extension clear days notice to the' Commissioner, apply to the 01 per~~:, : justice for an order e'xtending the period of payment mentioned in subsection, (I), and if the justice finds .. that there are circumstances justifying the extension of the period for which payment is to be made, he shall make an order accordingly. 38. The Territory is entitled to recover any amount that ~i!o~te~ofrom has been expended under this Ordinance from the parents parents. of the child in respect of whom the expenditure was incurred. 39.

(1) Where,a child is committed to the care of a society or the Superintendent by order of a justice, the Com­ missioner may authorize a payment of a reasonable amount for the maintenance and supervision of the child to any person to whom a society or the. Superin­ tendent has entrusted the care of the chi id, or' to any society to which the Superintendent has delivered the child and by which the child is maintained. . Commissioner may authorize payment.

(2) All moneys authorized to be paid urider this

section !fa~:!'k:~9 out shall be paid out of the Yukon Consolidated .Revenue revenue fund. Fund.

(3) No payment shall be made under this

section to a so- Savi!'1f prOVlSIOD. ciety that is not conducted in accordance with the re- quirements of this Ordinance. 40. UPQIl any order being made by a justice directing pay­ mentby the Territory to the Superintendent or to a children's aid society of the cost of maintaining and supervising a child 17 Copy of order dire<:ting payment tf) be forwarrled to Commissioner.

CHAP. 1 A ttendallce 01 witnesses. Enforcemellt 01 orders. Proc«dings to be held in cam,,.a. E,' idence 01 child. l)resumptioll as to age 01 child. Apl",als from orders dil'c:Clillg p;:tyment. PROTECTION OF CHILDREN committed to the care of the Superintendent or of the so­ ciety, a copy of the order under which the child has been committed shall be forwarded by registered letter by the clerk of the court to the Commissioner. POWERS AND DUTIES OF JUSTICES 41. A justice acting under this Ordinance has power to compel the attendance of witnesses. 42. An order made under this Ordinance may be enforced in the same manner as an order of a Judge. 43.

(1) The justice shall exclude from the room or place where an examination, prosecution, or proceeding under this Ordinance is being held all persons other than counsel, the witnesses in the case, officers of the law or of any children's aid society, the Superintendent or his representatives and the immediate friends and relatives of the child or parent in respect of whom the examination, prosecution, or proceeding is held.

(2) Except for the periods when it is necessary for the child to be present in order to be identified or in order to give evidence, a justice shall exclude from the room or place where an examination, prosecution or proceed­ ing under this Ordinance is held the child in respect of whom the examination, prosecution or proceeding is held. 44, Where a person is charged with an offence under this Ordinance in respect of a child who is alleged to be under any specified age and the child appears to the justice to be under that age, the child shall, for the purposes of this Ordinance, be deemed to be under that age unless the contrary is proved. APPEALS 45. Where an order has been made under

section 34 by a justice or when the justice refuses to make any order there­ under, the applicant or the Commissioner may. appeal from the decision of the justice to a Judge in the manner and time that an appeal from the decision of a police magistrate in a 18

PROTECTION OF CHILDREN civil action may be taken, and the Judge to whom such appeal is taken may affirm or reverse the order appealed from or make such other order as he deems proper. GENERAL 46.

The Commissioner may at any time discharge a child from the care of the Superintendent or any society to which it is committed, either absolutely or on such conditions as may be prescribed by him; but before discharging a child the Commissioner shall procure a report concerning the child, when the child is in the care of the Superintendent, from the Superintendent and, when the child is in the care of a society, from the society and the Superintendent. 47.

The Commissioner may make, alter, or revoke regula­ tions to be observed by any society and by the person in charge of any temporary home or shelter operated under the provisions of this Ordinance. 48. No child apparently under the age of eighteen years who is held or brought before a justice for enquiry under any of the provisions of this Ordinance shall be placed, allowed to remain or confined with any adult prisoner in any lock­ up or police cell used for ordinary criminals or persons charg­ ed with crime, nor, subject to

section 49, shall any enquiry respecting such child be made or his case disposed of in any place ordinarily used as a police court room. 49.

A justice shall, in making an enquiry under this Ordi­ nance respecting a child brought before him for that purpose, dispose of the case where practicable in premises other than the ordinary police court premises, or, where such disposition is not practicable, in the private office of the justice if he has one, or some other room in a public building of the municipality, otherwise in the ordinary police court room, but in the last-mentioned case only after the other business of the court for the day has been disposed of. 50.

Nothing in this Ordinance shall be held to take away or affect the right of any parent, teacher or other person having the lawful control or charge of a child to administer punishment to a child. 19 CHAP. ] Commissioner may discharge child. Rules of Commissioner. ;cec~i::'~_ tion of· child. Provision for separate hearing of enquiry. Exiuing rights pre8~ed.

CHAP .. ;:1, Inlants under the age 01 one. Child deemed to be main· tained by society. Lia~ility to contritKIte . towards nlaintenance 01 child. Application lor production 01 child. PROTECTION OF CHILDREN 51. Except as provided in this Ordinance, no person shall retain or receive for hire or reward more than one infant, or, in the case of twins, more than two infants, under the age of one year, for the purpose of nursing or maintaining such infants apart from their parents for a longer period than twenty-four hours. 52.

For the purpose of this Ordinance, a child is deemed to be maintained by a society if it is wholly or partly main­ tained by it, either in a shelter or temporary home or in any other institution conducted, selected, or approved by the so­ ciety, or is boarded out under the provisions of this Ordi­ nance or any other Ordinance relating to the protection of children. 53.

Nothing in this Ordinance relieves the child itself or any other person liable for the child's maintenance from liability to contribute towards the maintenance of such child, and the fact of such contribution being made does not deprive a society of any power or right conferred on it by this Ordinance. 54.

(1) Where a parent of a child applies to any court having jurisdiction in that behalf for a writ or an order for the production of the child, and the court finds that the parent or guardian has (

a) abandoned or deserted the child; (

b) allowed the child to be brought up by another person at the other person's expense, or by any children's aid society or other public or private institution, for such time and under such circum­ stances as to satisfy the court that the parent or guardian was unmindful of his duties; (

c) surrendered, by instrument in writing, the custody of the child to another person, or to a children's aid society or other public or private institution; or (

d) otherwise so conducted himself that the court should refuse to enforce his rights to the custody 20

PROTECTION OF CHILDREN of the child; the court may, in its discretion, de­ cline to issue the writ or make the order unless satisfied that it would tend to the advantage and benefit of the child to do so. ,:€HAP. 1 Order may reward

(2) If at the time of the application for a writ or order costs, for the production of the child the child is being cared for by another person, or is boarded out by a society duly authorized in that behalf, the court may, in its discretion, if it orders the child to be given up to the parent, further order that the parent shall pay to such person or such society the whole of the costs properly incurred in caring for the child, or such portion thereof as may seem to the court to be just and reasonable, having regard to all the circumstances of the case. REPEAL RepeaL 55. The following Ordinances are repealed: (

i) The Protection of Children Ordinance,

chapter 1 of the Ordinances of 1945; and (ii) An Ordinance to amend the Protection of Children Ordinance,

chapter 5 of the Ordinances of 1952 (2nd session). 21

CHAP.·l PROTECTION OF CHILDREN

SCHEDULE PROTECTION OF CHILDREN ORDINANCE FORM A We. the undersigned. all being of the full age of twenty-one years. and being Canadian citizens and residents within the area specified in

article 3. in the Yukon Territory. do hereby make application for incorporation. as "The Children's Aid Society of ..... _ ................ _ ............................. " under the provisions of the "Protection of Children Ordinance" and hereby adopt the following articles of incorporation:- 1. The Society shall be known as "The Children's Aid Society of. ................ _ .......... _ .... _ .......... _ .... _ .................••. 2.

The business and objects of the Society shall be the pro­ tection of children from cruelty. the amelioration of family conditions that tend to neglect of children. the care and pro­ tection of children in need of protection. and the enforcement, by all lawful means, of the laws relating thereto. 3. The jurisdiction of the Society shall be limited to the area enclosed by the following territorial boundaries. (Space for these boundaries to be set forth in detail.) 4. The number of directors of the Society shall be: S.

The names, addresses, and occupations of the first direc­ tors of the Society who shall hold office until the first annual meeting of the Society are:- 6. The annual meetings of the Society shall be held at ................................................................. on the day of ................................................ in each year, until changed by by-law of the Society.

In witness whereof we have hereunto severally subscribed our names this ........................ day of... ....................................... ..in the year one thousand nine hundred and ................................................ . In the presence of- 22

HOSPITAL Am

CHAPTER 2 ORDINANCES OF YUKON TERRITORY 1955 (First Session) AN ORDINANCE RESPECTING PUBLIC AID TO HOSPITALS (Assented to April 2nd, 1955.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

SHORT TITLE 1. This Ordinance may be cited as the Hospital Aid Ordi·

Short title. nance.

INTERPRETATION 2. In this Ordinance (a) "ambulant free patient" means a person who is not bed­ ridden but is admitted to a hospital on the direction of the Territorial Treasurer for actual treatment and stay, the cost of which is to be paid out of the Yukon Consolidated Revenue Fund;

Definitions. "Ambulant rr~e patient". (b) "free bed patient" means a person who is bedridden "Fm bed patient". and is admitted to a hospital on the direction of the Territorial Treasurer for actual treatment and ·stay, the cost of which is to be paid out of the Yukon Con­ solidated Revenue Fund; (c) "hospital" means a hospital set out In the Schedule; "Hospital". and (d) "partially free patient" means a person who is admit­ ted to a hospital for actual treatment and stay, only part of the cost of which is p_aid in money or money's worth by or on behalf of such person. 23 ··PartiaUJ free patient".

cHAP. 2 Rules to determine amount 01 aid. HOSPITAL Am GRANTS IN AID OF HOSPITALS _3. Where money is appropriated for the purposes of this Ordinance by the Commissioner in Council, there may be paid to every hospital that satisfies the requirements of this Ordi­ nance and all orders of the Commissioner under this Ordinance in each year aid from the money in accordance with the following rules: (

a) every such hospital shall receive not more than two dollars for each day's actual treatment and stay of every patient; (

b) in addition to the amount provided under paragraph (a), every such hospital shall receive not more than five dollars for each day's actual treatment of every free bed patient and not more than three dollars for each day's actual treatment .and stay for every ambulent free patient; (

c) in addition to the amount provided under paragraph (a), every such hospital shall receive not more than five dollars for each day's actual treatment and stay during the calendar year, for which the aid is granted of every partially free patient, less the number of days represented by any money's worth given for the treat­ ment by the patient; but no aid shall be granted in respect of any partially free patient until there has been filed with the Territorial Treasurer in respect of each patient a certificate of the attending medical practitioner that each day of the stay and treatment was necessary, and an application on behalf of the hospital for the aid with evidence to the satisfaction of the Territorial Treasurer that the hospital has made every reasonable effort to collect from the patient the full cost in money's worth of his treatment and stay and the reasons why the full cost could not be collected and the amount that was collected; and (

d) every such hospital shall receive one-half the regular fee charged by the hospital for medicine, X-rays, oper­ ating room and similar fees, other than ward fees, for every free patient who stays at the hospital. 24

HOSPITAL Am 4. Where the aggregate aid payable under this Ordinance in any year exceeds the amount of money appropriated for the purpose, every hospital entitled to aid shall only receive such sum as will bear the same proportion to the amount of aid which but for this se~tion it would receive as the amount of money so appropriated bears to such aggregate aid. REPORTS CHAP .•.. 2.- Whm-appro­ priation IDsuflicieDL 5.

All hospitals receiving aid under this Ordinance shall Reports by hospitals. deliver quarterly reports to the Commissioner on the 1st day of January, April, July and October in each year, which re- ports shall contain an itemized account of all receipts from whatever sources and expenditures with respect to the main- tenance of the hospital during the previous three months. 6.

The Commissioner may require such reports to be made as he deems necessary and he may fix and direct the par­ ticulars to be contained in, and the form, manner and time of making reports, and he may also fix and direct the form and manner of the oath, affirmation or declaration required for the verification of any report and the person or persons by whom such oath shall be made. 7. Every person who is required to make a report under this Ordinance or by an order of the Commissioner and fails to do so or knowingly makes or assists in making a false re­ port is guilty of an offence and liable on

summary conviction to a fine not exceeding five hundred dollars. INSPEcnON OF HOSPITALS Commissioner may·require reports, fill form, etc. False reports. 8 ( 1) Th C .. . t . AppoiDtment . e ommlssloner may appom one or more m- of iDspectors. spectors to visit and inspect every hospital set out in the Schedule.

(2) An inspector appointed under subsection (1) shall in- IDspection. quire into the maintenance, management and affairs of a hospital and may, in effecting this purpose, ex- amine the register, and use such other means as he deems necessary,. and shall satisfy himself of the correctness of any return made to the Commissioner under this Ordinance. 25

CHA"': Z Commissioner nla)" vary schedule. Repeal. HOSPITAL Am POWERS OF COMMISSIONER 9. The Commissioner may add to or vary the list of hospitals set out in the Schedule. REPEAL 10. The following Ordinances are repealed: (

i) The Hospitals Ordina'lce,

chapter 43 of the Consolidated Ordinances, 1914; (ii) An Ordinance to amend The Hospitals Ordinances,

chapter 4 of the Ordinances of 1948; (iii) An Ordinance to amend The Hospitals Ordinance,

chapter 6 of the Ordinances of 1949 (1st session); (iv) An Ordinance to amend The Hospitals Ordinance,

chapter 22 of the Ordinances of 1949 (2nd session); (

v) An Ordinance to amend The Hospitals Ordinance,

chapter 4 of the Ordinances of 1952 (2nd session), and (vi) An Ordinance to amend The Hospitals Ordinance,

chapter 5 of the Ordinances of 1953 (1st session). 26

SCHEDULE St. Mary's Hospital, Dawson. Whitehorse General Hospital, Whitehorse. Mayo General Hospital, Mayo.

FATAL ACCIDENTS

CHAPTER 3 ORDINANCES OF YUKON TERRITORY 1955 (First Session) AN ORDINANCE RESPECTIiNG COMPENSATION FOR FATAL ACCIDENTS (Assented to April 2nd, 1955.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

SHORT TITLE CHAP:: ·3 1. This Ordinance may be cited as the Fatal AC'ridentJ Ordi· ~hort lillr, nanC'e.

INTERPRETATION 2.

In this Ordinance, InterpretaliolL (a) "administrator" means an administrator appointed by "Adminis-trator". a Judge; (b) "child" includes son, daughter, grandson, grand- "Child", daughter, stepson, stepdaughter, adopted child, and a person to whom the deceased stood in loC'o parentiJ; and (c) "parent" includes father, mother, grandfather, grand- "Parent", mother, stepfather, stepmother, a person who adopted a child, and a person who stood in loC'o parentiJ to the deceased. 3, Where the death of a person has been caused by such wrongful act, neglect or default as; if death had not ensued, would have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued is liable to an action for damages notwithstanding the death of the person in­ jured and although the death was caused under circumstances amounting in law to culpable homicide, 27 Liability for damages,

CHAp. 3 Who'beo.e· ita by action. Additional damages. E:!lCCIJtiouo,. Paynu:nt illto-court .. Que action only Cor same cause. FATAL ACCIDENTS 4.

(1) An action brought under this Ordinance shall be for the benefit of the wife, husband, parent or child of the person whose death was so caused, and subject to

section 8, shall be brought by and in the name of the executor or administrator of the deceasedJ.,and in every such action such damages may be awarded as propor­ tioned to the injury resulting from the ·death to the persons respectively for whom and for whose benefit the action is brought; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided among the before mentioned persons in such share~ as may be determined at the trial.

(2) In an action brought under this Ordinance damages may also be awarded in respect of (

a) any medical or hospital expenses of the person injured, which would have been recoverable as damages by the person injured if death had not ensued, and (

b) the funeral expenses of the deceased person where such expenses have been incurred by any of the parties for whom and for whose benefit the action is brought. (3) Subsection (2) does not apply in relation to an action in respect of the death of any person before the com­ mencement of this Ordinance.

(4) In assessing the dama.ges in the action there shall not be taken into account any sum paid or payable on the death of the deceased or any future premiums payable under any contract of assurance or insurance. 5. The defendant may pay into court one sum of money as compensation for his wrongful act, neglect or default, tl) all persons entitled to such compensation without specifying the shares into which it is to be divided. 6. Not more than one action lies for and in respect of the same subject matter of complaint, and every such action shall be commenced within twelve months after the death of the deceased person. i8

7. f FATAL ACCIDENTS

(1) The plaintiff shall, in ·his statement of claim, set forth or deliver therewith full particulars of the persons for whom and on whose behalf the action is brought. CHAp •. : 3 Particulars· of bene­ ficiaries. r

(2) There shall be filed with the statement of claim an Affidavit. ( affidavit by the plaintiff in which he shall state that to the best of his knowledge, information and belief the persons on whose behalf the action is brought, as set forth in the statement of claim or the particulars de- livered, are the only persons entitled or who claim to be entitled to the benefit thereof.

(3) The Judge before whom the action is brought· may, if h~ is of opinion that there is sufficient reason for doing so, dispense with the filing of the affidavit. 8.

(1) Where there is no executor or administrator of the deceased, or, there being an executor or administrator, no action is, within six months after the death of the deceased, brought by the executor or administrator, the action may be brought by all or any of the persons for whose benefit the action would have been if it had been brought by such executor or administrator.

(2) Every action brought pursuant to this

section shall be for the benefit of the same persons, and shall be subject to the same regulations and procedure, as near­ ly as may be, as if it were brought by such executor 9r administrator. 9. Where the compensation has not been othervyise appor­ tioned, a Judge may apportion the same among the persons entitled, and may provide for the costs of the application. 10.

Where actions are brought by or for the benefit of two or more persons claiming to be entitled, as wife, husband, parent or child of the deceased, the Judge before whom the actions or either of them are pending may make such order as he may deem just for the determination not only of the question of the liability of the defendant but of all questions as to the persons entitled under the provisions of this Ordi­ nance to the damages, if any, that may be recovered. 29 Exception. Action by persons beneficially interested. Apportion­ ment. Actions by rival claim­ ants.

CHAP. 3 Application to Judge respt1:ting settlement. FATAL ACCIDENTS 11.

(1) Where an action is maintainable under the fore­ going provisions of this Ordinance, and some or all of the persons for whose benefit the action is main­ tainable are infants, and where the executor or admin­ istrator of the person deceased has agreed, either be­ fore or after the commencement of an action, on a settlement of such claim or action, either the said executor or administrator or the person against whom the claim or action is made or brought, may, on ten days' notice to the opposite party, apply to a Judge for an order confirming the said settlement.

(2) The Judge may on the application confirm or disallow the settlement, but, if the settlement is confirmed by hiin, the party against whom the claim is made or action brought shall be discharged from all further claims.

(3) The Judge may also on the application order the money or a portion thereof to be paid into court or otherwise apportioned and distributed as he may deem best in the interests of those entitled thereto. REPEAL 12. An Ordinance respecting Compensation to the Families of PersOI1J Killed by Accidents,

chapter 19 of the Consolidated Ordi­ nances, 1914, is repealed. '30

REOPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

CHAPTER 4 ORDINANCES OF YUKON TERRITORY 1955 (First Session) AN ORDINANCE TO FACILITATE THE ENFORCEMENT OF MAINTENAlNCE ORDERS (Assented to April 2nd, 1955.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

SHORT TITLE CHAP .. 4 1. This Ordinance may be cited as the Reciprocal Enforcement

Short title. of Maintenance Orders Ordinance.

INTERPRETATION 2. In this Ordinance,

Definitions. (a) "certified copy", in relation to an order of a court, ~~;:~,~fied means a copy of the order certified by the proper officer of the court to be a true copy; (b) "court" means an authority having statutory jurisdic- "COllrt". tion to make maintenance orders; (c) "dependants" means the persons that a person against "Dependnnts". whom a maintenance order has ·been made is liable to maintain according to the law in force in the place where the maintenance order was made; (d) "maintenance order" means an order, other than an order of affiliation, for the periodical payment of money towards the maintenance of the wife or other de­ pendants of the person against whom the order was made; and (e) "reciprocating state" means a jurisdiction declared under

section 14 to be a reciprocating state. 31 UMaint~nance order". "Recoproc:.at­ iDS' atate".

CHAP.:4 Enforcement in Territory of mainten­ ance orders made elsewhere. Effect of registration. When order expressed ·in foreign currenc)·: Transmission or maintenance orders made in Territoq,o. }'rovisional maintenance orders-, :. against .. persons residing outside the Territory. RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS ENFORCEMENT OF MAINTENANCE ORDERS MADE IN RECIPROCATING STATES 3.

(1) Where either before or after the coming into force of this Ordinance a maintenance order has been made against a person by a court in a reciprocating state and a certified copy of the order has been transmitted by the proper officer of the reciprocating state to the Com­ missioner, the Commissioner shall send a certified copy of the order for registration to the proper officer of a court in the Territory designated by the Commissioner as a court for the purposes of this section, and on receipt thereof the order shall be registered.

(2) An order registered under subsection (1) has, from the date of its registration, the same force and effect, and, subject to this Ordinance, all proceedings may be taken thereon, as if it had been an order originally ob­ tained· in the court in which it is so registered, and that court has power to enforce the order accordingly.

(3) A maintenance order that makes payable a sum of money expressed in a currency other than the currency of Canada shall not be registered until the court in which it is sought to register the order has determined the equivalent of that sum in the currency of Canada, and upon its registration the order shall be deemed to be an order for the payment of the sum so de· termined. MAINTENANCE ORDERS AGAINST NON-RESIDENTS 4.

Where either before or after the coming into force of this Ordinance a court in the Territory has made a mainten­ ance order against a perso·n and it is proved to the court that the person against whom the order was made is resi­ dent in a reciprocating state, the court shall, on the request of the person in whose favour the order was made, send a certified copy of the order to the Commissioner for trans­ mission to the proper officer of the reciprocating state. 5.

(1) Where an application is made to a court in the Territory. fora maintenance order against a person and it is proved· that that person is resident in a recipro- 32

RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS eating state, the court may, in the absence of that person and without service of notice on him, if after hearing the evidence it is satisfied of the justice of the application, make any maintenance order that it might have made if a summons had been duly served on that person and he had failed to appear at the hearing; but an order so made is provisional only and has no effect until it is confirmed by a competent court in the reciprocating state.

(2) Where the evidence of a witness who is examined on an application mentioned in subsection (1) is not taken in shorthand, the evidence shall be put into the form of a deposition, and the deposition shall be read over and signed by the witness and also by the judge or other person presiding at the hearing.

(3) Where an order has been made pursuant to subsection (1), (

a) the court shall prepare, (

i) a statement showing the grounds on which the making of the order might have been op­ posed if the person against whom the order was made had been duly served with a sum­ mons and had appeared at the hearing, and (ii) a statement showing the information that the court possesses for facilitating the identifica­ tion of the person against whom the order was made and ascertaining his whereabouts; and (

b) the court shall send to the Commissioner for trans­ mISSIOn to the proper officer of the reciprocating state, (

i) a certified copy of the order, (ii) the depositions or a certified copy of the trans­ cript of the evidence ,and (iii) the statements referred to 10 paragraph (a). 33 CHAP. 4 Depositions and transcripts. Preparation of statements and trans· mission of documents to Commissiooer.

CHAP. 4 l>ower to take new evidence on renvoi. Further powers on renvoi: j'ower of original court to vary or rescind. Transmission of varying or rescinding order. Right of appeal. RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

(4) Where a provisional order made under this

section has come before a court in a reciprocating state for con­ firmation and the order has by that court been remitted ... to the court in the Territory that made the order for the purpose of taking further evidence, the court in the Territory shall, after giving the notice prescribed by the rules, proceed to take the evidence in like man­ ner and subject to the like conditions as the evidence in support of the original application.

(5) Where upon the hearing of the evidence taken under subsection (4) it appears to the court in the Territory that the order ought not to have been made, the court may rescind the order, but in any other case the de­ positions or a certified copy of the transcript of the evidence, if it was taken in shorthand, shall be sent to the Commissioner and dealt with in like manner as the depositions or transcript of the original evidence.

(6) The confirmation of an order made under this

section does not affect any power of the court that originally made· the order to vary or rescind the order, but an order varying an original order has no effect until it is confirmed in like manner as the original order.

(7) Where, after an order made under this

section is con­ firmed, the court that originally made the order makes . a varying or rescinding order, that court shall send a certified copy thereof. together with the depositions or a certified copy of the transcript of any new evidence adduced before the court, to the Commissioner for transmission to the proper offcer of the reciprocating state i~ which the original order was confirmed.

(8) An applicant for a provisional order under this sec­ tion has the same right of appeal, if any, against a re­ fusal to make the order as he would have had against a refusal to make the order if a summons had been duly served on the person against whom the order is sought to be made. 34

RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS CONFIRMATION OF MAINTENANCE ORDERS'MADE IN RECIPROCATING STATES 6. (

I) Where, (

a) a maintenance order has been made by a court in a reciprocating state and the order is provisional only and has no effect until confirmed by a court in the Territory; (

b) a certified copy of the order, together with the depositions of witnesses and a statement of the grounds on which the order might have been op­ posed if the person against whom the order was made had been a party to the proceedings IS re­ ceived by the Commissioner; and (

c) it appears, to the Commissioner that the person against whom the order was made is resident in the Territory; the Commissioner may send the documents to a court designated by hiin as a court for the purposes of thi,; section, and upon receipt of the documents the court shall issue a summons calling upon the person against whom the order was made' to show cause why the order should not be confirmed, and cause it to be served upon such person.

(2) At a hearing under this

section the person on whom the summons was served may raise any defence that he might ha~e' raised in the original proceedings if he had been a, party thereto, but no other 'defence; and the statement from the court that made the provisional order stating the grounds on which the making of the order might have been opposed if the person against who~ the ~~der was' made had been a party to the proceedings is conclusive evidence that those grounds are grounds on which objection may be taken.

(3) Where, ata hearing under this section, the person who was served with the ·s·ummons doe,S not 'appear or,hav­ ing appeared, fails, to satisfy the court that the order 35 CHAP. 4 Confirmation ol m3int~n­ ance order.~ made outside the Territor),. Rill'htof defence on application lor confirma'tion. Power to confirm with or without modification.

CHAP. 4 Power to remit to ,ourt that made pro· visional order. Variation or 1 escission of order that has been confirmed. Right 01 appeal. Effect 01 con· firmation. RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS ought not to be confirmed, the court may confirm the order either without modification or with such modi­ fications as the court after hearing the evidence con­ siders just.

(4) Where the person against whom a summons was issued under this

section appears at the hearing and satisfies the court that for the purpose of any defence it is necessary to remit the case to the court that made the provisional order for the taking of any further evidence, the court may so remit the case and adjourn the proceedings for the purpose.

(5) Where a provisional order has been confirmed under this section, it may be varied or rescinded in like man­ ner as if it had originally been made by the confirming court, and where on an application for rescission or variation the court is satisfied that it is necessary to remit the case to the court that made the order for the purpose of taking further evidence, the court may so remit the case and adjourn the proceedings for the purpose.

(6) Where an order has been confirmed under this section, the person bound thereby has the same right of appeal, if any, against the confirmation of the order as he would have had against the making of the order if the order had been an order made by the court confirming the order.

(7) An order confirmed under this

section has, from the date of its confirmation, the same force and effect, and, subject to this Ordinance, all proceedings may be taken thereon, as if it had been an order originally obtained in the court in which it is so confirmed, and that court has power to enforce the order accordingly. GENERAL Enforcement 01 order. 7. A court in which an order has been registered under this Ordinance or by which an order has been confirmed under this Ordinance, and the officers of the court, shall take all proper steps for enforcing the order. 36

RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS· 8. Where under this Ordinance a document is sent to the Commissioner for transmission to the proper officer of a reciprocating state, th~ Commissioner shall transmit the document accordingly. 9. The Commissioner may make rules prescribing the practice and procedure, including costs, under this Ordinance. 10.

A document purporting to be signed by a judge or officer of a court in a reciprocating state shall, until the contrary is proved, be deemed to have been so signed with­ out proof of the signature or judicial or official character of the person appearing to have signed it, and the officer of a court by whom a document is signed shall, until the contrary is proved, be deemed to have been the proper officer of the court to sign the document. 11.

Depositions or transcripts from shorthand of evidence taken in a reciprocating state, for the purposes of this Ordi­ nance, may be received in evidence before the court in the Territory under this Ordinance. 12.

Where a maintenance order sought to be registered or confirmed under this Ordinance is in a language other than the English language, the maintenance order or a certified copy thereof shall have attached thereto for all purposes of this Ordinance a translation in the English language approved by the court, and upon such approval being given the main­ tenance order shall be deemed to be in the English language. CHAP. 4 Transmission 01 documents by Corn. ntissioner lo reciprocat· ing statc. Rules 01 practice. Proolol documents signed by officer o[ court. Depositions to be evidence.

Whueorder in loreign language. 13. Nothing in this Ordinance deprives a person of the Saving. right to obtain a maintenance order instead of proceeding under this Ordinance. 14.

(1) Where the Commissioner is satisfied that re- ciprocal provisions will be made by a jurisdiction in or outside Canada for the enforcement therein of main­ tenance orders made within the Territory, the Com­ missioner may by order declare it to be a reciprocatin~ state for the purposes of this Ordinance.

(2) The Commissioner may revoke any order made under subsection (1) and thereupon the jurisdiction with re­ spect to which the order was made ceases to be a reciprocating state for the purposes of this Ordinance. 37 Duignation of reciprocating states. Revocation 01 designation.

CHAP. 4 Repeal. RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS REPEAL 15. The following Ordinances are repealed: (

i) The Maintenance OrderJ (FadlitieJ for Enforcement) Ordi· nance,

chapter 1 of the Ordinances of 1950 (1st ses­ sion); and (ii) The Maintenance OrderJ (FacilitieJ for Enforcement) Ordi· nance 1951,

chapter 1 of the Ordinances of 1951 (1st session). 38

EVIDENCE

CHAPTER 5 ORDINANCES OF YUKON TERRITORY 1955 (First Session) AN ORDINANCE RESPECTING WITNESSES AND EVIDENCE (Assented to April 2nd, 19.5.5.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

SHORT TITLE CHAP. 5 1. This Ordinance may be cited as the Evidence Ordinance.

Short title.

INTERPRETATION 2. In this Ordinaflce, (a) "action" includes any civil proceeding, inquiry, arbi­ tration and a prosecution for an offence committed against an Ordinance of the Territory or against a by-law or regulation made under the authority of any such Ordinance, and any. other prosecution or pro­ ceeding authorized or permitted to be tried, heard, had or taken by or before a court under the law of the Territory;

Definitions. "Action", (b) "bank" means a bank to which the Bank Act applies, "Bank". and includes a branch, agency and office of a bank; " .- (c) "country" includes kingdom, empire, republic, 'com- "CouDtry". monwealth, state, province,. territory,. colony, pqsses- sion, or protectorate and, where parts' of a country are under both a central and a local legislature, in- cludes all parts undet: the central legislature and each part under a local legislature; (d) "country of the British . Commonwealth" means ;~C:B~ni~hf Australia, Ceylon, India, New Zealand, Pakistan and ~~::l:h?'~'

CHAP,.S "Court", "Document". "Federal", "Foreign State", "Imperial", "Iml;'erial Parhament". 11 Legislature". .. Province". UQueen's Printer". IIState document". EVIDENCE the Union of South Africa, and all colonies, dependen­ cies or territories of any of such countries or of the United Kingdom or of Canada; (e) .

"court" includes an arbitrator, umpire, commissioner, Judge of the Territorial Court, justice of the peace or other officer or person having by law or by consent of parties authority to hear, receive and examine evidence; (f) "document" includes book, map, plan, drawing or photograph; (g) "federal" as applied to state documents, means of or pertaining to Canada; (h) "foreign State" includes every country other than the United Kingdom, Canada and a country of the British Commonwealth; (i) "Imperial" as applied to state documents, means of or pertaining to the United Kingdom, and includes any kingdom that includes England, whether known as the United Kingdom of Great Britain and Ireland or otherwise; (j) "Imperial Parliament" means the Parliament of the United Kingdom and includes the Parliament of any kingdom that included England, whether known as the United Kingdom of Great Britain and Ireland or other­ wise; (k) "legislature" includes any legislative body or authority competent to make laws for a country; (I) "province" means a province or territory of Canada; (m) "Queen's Printer" includes government printer or other official printer; (n) "state document" includes, -40 (

i) any Act or ordinance enacted or made or pur­ porting to have been enacted or made by legisla­ ture,

EVIDENCE (ii) any order, regulation, notice, appointment, war­ rant, licence, certificate, letters patent, official record, rule of court, or other instrument issued or made or purporting to have been issued or made under the authority of any Act or Ordinance so enacted or made, and (iii) any official gazette, journal, proclamation, treaty, or other public document or act of state issued or made or purporting to have been issued or made; (0) "statement" includes any representation of fact, CHAP. 5 whether made in words or otherwise; and "Statement". (p) "statutory declaration" or "solemn declaration" means a solemn declaration in the form and manner provided in the Canada Evidence Act.

COMPETENCY OF WITNESSES AND PRIVILEGES 3. A person is not incompetent to give evidence by reason of crime or interest. 4. Except as provided in this Ordinance, the parties to an action and the persons on whose behalf an action is brought, instituted, opposed or defended, and their spouses are competent and compellable to give evidence on behalf of themselves or of any of the parties. s. Without limiting the generality of

section 4 a husband or wife may, in an action, give evidence that he or she did or did not have sexual intercourse with the other party to the marriage at any time or within any period of time before or during the marriage. 6.. No witness in an action, whether a party thereto or not, is liable to be asked or is bound to answer any question tending to show that he or she has been guilty of adultery unless he or she has already given evi~ence in ~he same action in disproof of the alleged adultery. 7.

A husband is not compel\able to disclose a communica­ tion made to him by his wife during marriage, nor is a wife compellable to disclose a communication made to her by her h'usband during marriage .. 41 "Statutory declaration" "Solemn declaration" . Not incompe· tent from interest or crime. Evidence or parties. Husband and wife. Evidence as to adultery. Communica .. tion made during marriage.

CHAP. 5 Witness. Incriminating Questions. Evid~nce not to be used. No person need attend as' witness unless he receives proper witness fees, etc. Number 01 t'xpert witnesses. A written report may be admitted as evidence. EVIDENCE 8.

(1) In this

section "witness" includes a person who, in the course of an action is examined viva voce on dis­ covery or who is cross-examined upon an affidavit made by him or who answers any interrogatories or makes 'an affidavit as to documents.

(2) A witness shall not be excused from answering a question or producing a document upon the ground that the answer to the question or the production of the document may tend to criminate him, or may tend to establish his liability to an action at the instance of the Crown or of any person.

(3) Where, with respect to a question, or the production of a document, a witness objects to answer or to pro­ duce upon any of the grounds mentioned in subsection (2) and, but for this

section or any Act of the Parlia­ ment of Canada, he would have been excused from answering the question, or from producing the docu­ ment then, although the witness is by reason of this

section or by reason of any Act of the Parliament of Canada compelled to answer or produce, the answer so given or the document so produced shall not be used or receivable in evidence in any legal proceeding there­ after taking place against him. ATIENDANCE OF WITNESS 9_ No person is obliged to attend or give evidence in an action unless he is tendered his proper witness fees and neces­ sary travelling expenses. EXPERT EVIDENCE 10.

Where it is intended by any party to an action to examine as witnesses professional or other experts entitled according to law or practice to give opinion evidence, not more than three of such witnesses may be called by either side to give opinion evidence on any issue in the action with­ out the leave of the court_ 11. A written report or finding of facts prepared by an expert not being a party to the action nor an employee of a party except for the purpose of making such report or find- 42

EVIDENCE ing nor financially interested in the result of the controversy, and containing the conclusions resulting wholly or partly from written information furnished by the co-operation of several persons acting for a common purpose, is,. in so far as the same may be relevant, admissible when testified to by the person or one of the persons making such report or finding, without calling as witnesses the persons furnishing the in­ formation and without producing the books or other writings on which the report or finding is based, if, in the opinion of the court, no substantial injustice will be done the opposite party. 12.

A person who has furnished information on which a report or finding referred to in

section 11 is based, may be cross-examined by the adverse party, but the fact that his testimony is not obtainable does not render the report or finding inadmissible unless the court finds that substantial injustice would be done to the adverse party by its admission. 13. (2)

(1) Except as provided in subsection (2), a report or finding referred to in

section 11 is not admissible unless the party offering it gives notice to the adverse party a reasonable time before trIal of his intention to offer it together with a copy of the report or finding or so much thereof as may relate to the controversy and also affords him a reasonable opportunity to inspect and copy any records or other documents in the offer­ ing party's possession or control on which the report or finding was based and also the names of all persons furnishing facts upon which the report or finding was based.

The report or finding may be admitted if the court finds that no substantial injustice would result from the failure to give the notice referred to in subsection (1 ). CORROBORATIVE EVIDENCE 14. The plaintiff in an action for breach of promise of marriage shall not obtain a verdict or judgment unless his or her testimony 'is corroborated by some other material evi· dence in support of the promisf!' 43 CHAP. 5 Person making a report may be cross~ examined. Report not admissible unless notice given. Court may admit. Breach o( promise o( marriage.

CHAP. 5 Action by or against r~pre· sentatives of a deceased person. Action by or against a lunatic. etc. Evidence of a child of tender years. Court may administer. Person before whom oath, etc., is directed to be made mayadmiD' ister. Manner of administer. ing oath. Form 01 oath, etc. EVIDENCE 15.

In an action by or against the heirs, next of kin, executors, administrators or assigns of a deceased person, an opposite or interested party shall not on his own evidence obtain a verdict, judgment or decision, in respect of any mat­ ter occurring before the, death of the deceased person, unless such evidence is corroborated by some other material evidence. 16.

In an action by or against a lunatic so found or an inmate of a lunatic asylum, or a person who from unsound­ ness of mind is incapable of giving evidence, an opposite or interested party shall not obtain a verdict, judgment, or decision on his own evidence, unless such evidence is cor­ roborated by some other material evidence. 17. No action shall be decided upon the evidence of a child of tender years given under the authority of

section 23 unless such evidence is corroborated by some other material evidence. OATHS AND AFFIRMATIONS 18.

(1) Every court has power to administer or cause to be administered an oath or affirmation to every witness who is called to give evidence before the court.

(2) Where an oath, affirmation or declaration is directed to be made before a person, he has full power and authority to administer it and to certify to its having been made. 19. An oath may be administered to any person (

a) while such person holds in his hand a copy of the Old or New Testament, without requiring him to kiss the same; or (

b) in such manner and form and with such ceremonies as he declares to be binding on his conscience. 20.,

(1) Where a person is about to give evidence, the oath may be in the following form: 44

EVIDENCE CHAP. 5 "I (you) swear that the evidence to be given by me (you) shall be the truth, the whole truth, and nothing but the truth. So help me (you) God."

(2) Where a person is about to swear an affidavit or depo­ sition, the oath may be in the following form: 21. "I (you) swear that the contents of this affidavit or deposition are true. So help me (you) God."

(1) Where a person called or desiring to give evidence objects on grounds of conscientious scruples to take an oath, or is objected to as incompetent to take an oath, the person may make the following affirmation. "I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth, and nothing but the truth." Form of affirmation.

(2) Where a person makes an affirmation, his evidence Effect of affirmation. shall be taken and have the same effect as if taken under oath.

(3) Where a person required or desiring to make an affidavit or deposition in an action or on an occasion where or touching a matter respecting which an oath is required or is lawful, whether on the taking of office or otherwise, refuses or is unwilling on grounds of conscientious scruples t.o be sworn, the court, or. other officer or person qualified to take affidavits or depositions shall permit the person, instead of being sworn, to make his affirmation in the words, "I solemn­ ly affirm" which affirmation is of the same force and effect as if the person had taken an oath in the usual form. 22.

Where an oath has been administered and taken, the fact that the person to whom it was administered and by whom it was taken did not at the time of taking the oath believe in the binding effect of the oath does not, for any purpose, affect the validity of the oath. 23. In any action where a child of tender years is tendered as a witness, and the child does not, in the opinion' of the court, understand the nature of an oath, the evidence of the 45 AffirmatioDs instead of affidavits. Validity of oath, no religious belief. Evidence of child of tender years.

CHAP. 5 Evidence-of mutes. Proof of contradictory written statements. Proof of contradictory oral . statements. Proof of previous con viction or a witness. Certificate of convictioDo EVIDENCE child may be received, though not given upon oath, if, in the opinion of the court, the child is possessed of sufficient intel­ ligence to justify the reception of the evidence, and under­ stands the duty of speaking the truth. EXAMINATION AND EVIDENCE OF WITNESSES 24. A witness who is unable to speak may give his evidence in any other manner in which he can make it intel­ ligible. 25.

A witness may be cross-examined as to previous state­ ments made by him in writing, or reduced into writing, relative to the matter in question, without the writing being shown to him; but if it is intended to contradict him by the writing, his attention shall, before the cOritradictory proof is given, be called to those parts of the writing that are to be used for the purpose of so contradicting him; and the court may require the production of the writing for the court's inspection, and may thereupon make such use of it for the purposes of the trial or proceeding as the court may think fit. 26.

Where a witness, upon cross-examination as to a former statement made by him relative to the matter in ques­ tion, and inconsistent with his previous evidence, does not distinctly admit that he did make the statement, proof may be given that he did in fact make it; but before the proof is given the circumstances of the supposed statement sufficient to designate the particular occasion shall be mentioned to the witness, and he shall be asked whether or not he did make the statement. 27.

(1) A witness may be asked whether he has been convicted of any offence, and upon being so asked, if he either denies the fact or refuses to answer, the con­ viction may be proved.

(2) A certificate containing the substance and effect only, omitting the formal part, of the charge and of the conviction, purporting to be signed by the officer hav­ ing the custody of the records of the court in which the offender was convicted, or by the deputy of the 46

EVIDENCE officer, is, upon proof of the identity of the witness as the offender, sufficient evidence of the conviction, without proof of the signature or of the official character of the person appearing to have signed the certificate. 28.

A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may contradict him by other evidence, or if the witness in the opinion of the court proves adverse, the party may by leave of the court cross-examine him and may prove that the witness made at some other time a statement inconsistent with his present testimony; before such proof is given the circumstances of the statement sufficient to designate the particular occasion shall be mentioned to the witness and he shall be asked whether or not he did make the statement.

JUDICIAL NOTICE AND PROOF OF STATE DOCUMENTS 29. Judicial notice shall be taken of (

a) Acts of the Imperial Parliament,. (

b) Acts of the Parliament of Canada, (

c) Ordinances made by the Governor m Council of Canada, (

d) Ordinances of the legislature of, or other legislative body or authority competent to make laws for, any prOVince, (

e) Acts and Ordinances of the legislature of, or other legislative body or authority competent to make laws for, any country of the British Commonwealth. 30.

(1) The existence and the whole or any part of the contents of any Imperial state document may be proved CHAP. 5 Discrediting one's own witness. Judicial notice taken of Statutes and Ordinances. Proof of ImpeTial state document. (

a) in the same manner as the same may from time to English mode. time be provable in any court in England; (

b) by the production of a copy of the Canada Gazette Gazette. or a volume of the Acts of the Parliament of Canada purporting to contain a copy of or an ex- tract from the same or a notice thereof; 47

CHAP. 5 Copy by Queen's Printer. CoPy by Minister. Copy by custodian. Proof of federal or provincial state document. Gazette. /' EVIDENCE (

c) by the production of a copy thereof or an extract therefrom purporting to be printed by or for or by authority of the Queen's Printer for Canada or for any province; or (

d) by the production of a copy thereof or an extract therefrom purporting to be certified as a true copy or extract by the minister or head or by the deputy minister or deputy head of any department of the Imperial Government; or (

e) by the production of a copy thereof or an extract therefrom purporting to be certified as a true copy or extract by the custodian of the original document or the public records from which the copy or extract purports to be made.

(2) The existence and the whole or any part of the con­ tents of any federal or provincial state document may be proved (

a) by the production of a copy of the Canada Gazette or of the official gazette of any province or of a volume of the Acts of the Parliament of Canada or of the legislature of any province purporting to contain a copy of the State document or an ex­ tract therefroin or a notice thereof; ~~~n~~ tb) Pn·~t~~~ by the production of a copy thereof or an extract therefrom purporting to be printed by or for or by authority of the Queen's Printer for Canada or for any province; or Copy by Minister or custodian. (

c) by the production of a copy thereof or an extract therefrom, whether printed or not, purporting to be certified as a true copy or extract by the min­ ister or head, or the deputy minister or deputy head, of any department of government of Canada or of any province, or by the custodian of the original document or the public records from which the copy or extract purports to be made, or purporting to be an exemplification of the state document under the Great Seal or other state seal of the British possession or of the foreign state. 48

EVIDENCE

(3) The existence and the whole or any part of the con­ tents of any state document of a country of the British Commonwealth or foreign state may be proved (

a) by the production of a copy thereof or an extract therefrom, purporting to be printed by or by the authority of the legislature, government, Queen's Printer, government printer, or other official printer of the country of the British Common­ wealth or of the foreign state; or (

b) by the production of a copy thereof or an extract therefrom, whether printed or not, purporting to be certified as a true copy or extract by the min­ ister or head, or the deputy minister or deputy head, of any department of the government of the country of the British Commonwealth or of the foreign state, or by the custodian of the original document or the public records from which the copy or extract purports to be made, or purport­ ing to be an exemplification of the state document under the Great Seal or other state seal of the country of the British Commonwealth or of the foreign state.

CHAP. 5 Proolol state document 01 country 01 the British Common· w"alth or foreign slate. Copy by official printer. Copy by custodian.

(4) I . h . ffi . I Proolol t IS not necessary to prove t e sIgnature or 0 cIa signature position of the person by whom any copy or extract ~~~sary. that is tendered in evidence under this

section pur­ ports to be certified, or to prove that the original document or the public records from which the copy or extract purports to be made were deposited or kept in the custody of the person so certifying; and where a copy or extract ·that is tendered in evidence under this

section purports to be printed by or for or under the authority of a legislature or government, or of <'l Queen's Printer, government printer, or other official printer, it is not necessary to prove the authority, status, or official position of the legislature or gov­ ernment or of the Queen's Printer, government printer,. or other official printer. 49

CHAP. 5 Copies 01 public books and documents. Proolol corporation docu nten ts. Proolol order 01 Governor General. Proolol order o[ Lieutenant Governor o[ a prov ince. etc. EVIDENCE EVIDENCE OF OTHER PUBLIC AND CORPORATION DOCUMENTS 31.

Where a book or other document is of so public a nature as to be admissible in evidence on its mere production from the proper custody, and no other Ordinance exists that renders its contents provable by means of a copy, a copy thereof or extract therefrom is admissible in evidence, if it is proved that it is a copy or extract or if it purports to be certified to be a true copy or extract by the officer to whose custody the original has been entrusted, without any proof of the signature or of the official character of the person appearing to have signed the same and without further proof thereof. 32.

Where an original document, by-law, rule, regulation, or proceeding, or any entry in any register or other book of any corporation created by charter or by or under any statute or ordinance of Canada' or of any province is of so public a nature as to be admissible in evidence a copy of the document, by-law. rule, regulation or proceeding or of the entry pur­ porting to be certified under the seal of the corporation, and the hand of the presiding officer, clerk, or secretary thereof, is admissible in evidence without proof of the seal of the corporation or of the signature or of the official character of the person appearing to have signed the same, and without further proof thereof. 33.

An order in wrItmg signed by the Secretary of State of Canada, and purporting to be written by command of the Governor General is admissible in evidence as the order of the Governor General, without any proof that the person signing the same is the Secretary of State of Canada or of the signature of such person, and without proof thereof. 34.

An order in writing signed by a provincial secretary or other corresponding officer of a province and purporting to be written by command of the Lieutenant Governor or other person in whom the executive powers are vested is admissible in evidence as the order of the Lieutenant Gov­ ernor, or such other person without any proof of the official position of the person signing the same or of the signature of such person, and without further proof thereof. so

EVIDENCE 35. All copies of official and other notices, advertisements, and documents printed in the Canada Gazette or the official gazette of a province are prima facie evidence of the originals, and of the contents thereof. 36.

A copy of an entry, or a statement of the absence thereof in any document belonging to or deposited or kept in any office or department of the Government of Canada or of a province or in the office of any commission, board or other branch of the public service of Canada or of a province is admissible as evidence of the entry, and of the matters, transactions and accounts therein recorded, or of the absence thereof respectively, if it is proved by the oath or affidavit of an officer of the office or department or of the commis­ sion, board or other branch of any such public service that (

a) the document was at the time of the making of the entry, or during the time covered by the statement, one of the ordinary documents kept in such office or department, commission, board or other branch of any such public service; (

b) the entry was made, or In the case of its absence would have been made, in the usual and ordinary course of business of such office or departm.ent, com­ mission, board or branch; and (

c) such copy is a true copy thereof or that such state­ ment of absence is a true statement. 37.

Where a document is in the official possession, custody or power of a member of the Executive Council of a province or of the Commissioner or of the head of a department of the public service of Canada or of a province, if the deputy head or other officer of the department or an officer in the puhlic service of Canada or the province has the record, document, plan, book or paper in his personal possession, and is called as a witness, he ,is entitled, acting herein by the direction and on behalf of the member of the Executive Council. the Commissioner or head of the department, to object to pro­ duce the record, document, plan, book or paper on the ground that it is privileged; and the objection may be taken by him in the same manner, and shall have the same effect, as if the 51 CHAP. 5 Copiu in Canada Gazette Prim .. { .. ti,.

Entries in departmental books. Privilege in case 01 official documents.

CHAP. 5 Definition of "business" . Proof of reeord of an Bct, event, or condition of any business. De6nitions. ··Person". •• Photographic film". Photographic print admis­ sible as evidence. EVIDENCE member of the Executive Council, the Commissioner or head of the department were personally present and made the objection. 38.

(1) In this section, "business" includes every kind of business, profession, occupation or calling, whether carried on for profit or not.

(2) A record in any business of

an act, condition or event, is, in so far as relevant, admissible in evidence, if the custodian of the record or other qualified person testi­ fies to its identity and the mode of its preparation, and to its having been made in the usual and ordinary course of business, at or near the time of the act, condition or event, and if, in the opinion of the court, the source of information, method and time of prepar­ ation were such as to justify its admission. 39.

(1) In this section, (a) "person" includes, (

i) the government of Canada and of any province and any department, commission, board or branch of any such government, (ii) a corporation, and (iii) the heirs, executors, administrators or other legal representatives of a person; and (b) "photographic film" includes any photographic plate, microphotographic film and photostatic nega­ tive and "photograph" shall have a corresponding meaning.

(2) Where a bill of exchange, promissory note, cheque, re­ ceipt, instrument, agreement, document, plan or a record or book, or entry therein kept or held by any person, (

a) is photographed In the course of an established practice of such person of photographing objects of the same or a similar class in order to keep a permanent record thereof; and 52

EVIDENCE (

b) is destroyed by or in the presence of the person or of one or more of his employees or delivered to another person in the ordinary course of business or lost; a print from the photographic film is admissible in evidence in all cases and for all purposes for which the object photographed would have been admissible.

(3) Where a bill of exchange, promissory note, cheque, receipt. instrument, agreement or other executed or signed document was so destroyed before the expira­ tion of six years from (

a) the date when in the ordinary course of business either the object or the matter to which it related ceased to be treated as current by the person having custody or control of the object; or (

b) the date or receipt by the person having custody or control of the object of notice in writing of any claim in respect of the object or matter prior to the destruction of the object; whichever is the later date. the court may refuse to admit in evidence under this

section a print from a photographic film of the object.

(4) Where the photographic print is tendered by a govern­ ment or the Bank of Canada. subsection (3) does not apply.

(5) Proof of compliance with the conditions prescribed by this

section may be given by any person having knowl­ edge of the facts either orally or by affidavit sworn before a notary public or a commissioner for oaths and unless the court otherwise orders. a notarial copy of any such affidavit is admissible in evidence in lieu of the original affidavit. 40. EVIDENCE OF JUDICIAL PROCEEDINGS (1)· In this

section "justice" means justice of the peace and includes two or more justices if two or more justices act or have jurisdiction. and also a magistrate. S3 CHAP. 5 Court may reluse to admit print. Except in case 01 Government or the·Bank of Canada. Proolol compliance with UlDditions. Definition of Ujustice",

CHAP. 5 ,.: I Proof of proceedings In a court of record. Copies of nolarial acts in Quebec. Proof by certified copy may be rebutted. EVIDENCE a police magistrate, a Judge of the Territorial Court and any person having the power or authority of two or more justices of the peace.

(2) Evidence of any proceeding or record in, of or before any court of record in the United Kingdom, or the Supreme Court of Canada or the Exchequer Court of Canada, or any court of record or any justice or coroner in a province or in any country of the British Commonwealth, or any court of record of any foreign state, may be made in any action by an exemplification or certified copy thereof, purporting to be under the seal of the court or under the hand and seal of the justice or coroner as the case may be, without any proof of the authenticity of the seal or of the signature of the justice or coroner, or other proof; and if the court, justice or coroner has no seal, and so certifies, then the evidence. may be made by a copy purporting to be certified under the signature of a judge or pre­ siding justice of the court, or of the justice or coroner, without any proof of the authenticity of the sig­ nature or other proof.

NOTARIAL DOCUMENTS OF QUEBEC 41.

(1) A copy of a notarial act or instrument in writing made in the Province of Quebec, before a notary and filed, enrolled or enregistered by the notary, certified by a notary or prothonotary to be a true copy of the original thereby certified to be in his possession as such notary or prothonotary, is admissible in evidence in the place and stead of the original, and has the same force and effect as the original would have if produced and proved.

(2) The proof by the certified copy may be rebutted, or set aside by proof that there is no such original, or that the copy is not a true copy of the original in some material particular, or that the original is not an in­ strument of such nature as may, by the law of the Province of Quebec, be taken before a notary, or be filed, enrolled or enregistered by. a notary. 54

EVIDENCE

(3) No copy of a notarial act or instrument, as provided in this

section shall be received in evidence upon any trial unless the party intending to produce the same has, before the trial, given to· the party against whom it is intended to be produced reasonable notice of such intention and the reasonableness of the notice shall be determined by the court, but the notice shall not in any case be less than ten days. PROTESTS OF BILLS AND NOTES 42.

The production in any court of any protest, wherever made, under the hand or seal of one or more notaries public, of a bill of exchange or promissory note, is prima facie evidence of the making of such protest, and of the statements therein contained. 43.

Any note, memorandum, or certificate made by a notary, or firm of notaries, in Canada, in the handwriting of the notary, or a member of the firm, signed by the notary or firm at the foot of or embodied in any protest, or in a regular register of official acts kept by such notary or firm, is prim.f facie evidence of the fact of notice of non-acceptance of a bill of exchange or promissory note having been sent or de­ livered at the time, and in the manner stated in such note, certificate or memorandum. 44. BANK BOOKS

(1) Subject to this section, a copy of an entry in any book or record kept in a bank is in all actions to which the bank is not a party, prima facie evidence of the entry, and of the matters, transactions, and accounts therein recorded.

(2) A copy of an entry in such book or record shall not be received in evidence under this

section unless it is first proved that the book or record was, at the time of the making of the entry, one of the ordinary books or records of the bank, that the entry was made in the usual and ordinary course of business, that the book or record is in the custody or control of the bank or its successor, and that the copy is a true copy, and such proof may be given by the manager or accountant 55 ·CHAP. 5 Notice. Production 01 protest by notary public 01 bill 01 exchange, etc. Any note, etc., made by notary public prim" {"ri, e'V idence 01 Don­ acceptance, etc., 01 bill . 01 exchange, etc. Copy.ol bank book, etc .• as ~vidence. Prool.

CHAP. 5 IJank and officers when'bank not a party. Order lor inspection.' Costs. Method of proving willo. EVIDENCE or a former manager or accountant of the bank or its successor, and may be given orally or by affidavit.

(3) A bank or officer .of a bank is not, in any action to which the bank is not a party, compellable to produce any book or record the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions, and accounts therein record­ ed, unless by order of the court made for special cause.

(4) On the application of any party to any action the court may order that the party be at liberty to inspect and take copies of any entries in the books or records of the bank for the purposes of the action; the person whose account is to be inspected shall be notified of the application at least two clear days before the hear· ing thereof, and, if it is shown to the satisfaction oi the court that the person cannot be notified person­ ally, the notice may be given by addressing the same to the bank.

(5) The costs of an application to a court under or for the purpose of this section, and the costs of anything done or to be done under an order of a court made under or for the purposes of this section, are in the discretion of the court; and the court may order the costs or any part thereof to be paid to any party by the bank where they have been occasioned by any act or omis­ sion of the bank; any such order against a bank may be, enforced as if the bank were a party to the action. WILLS 45.

(1) Letters probate of a will, or letters of administra­ tion with a will annexed, or a copy thereof certified under the seal of the court of the province in which the probate or letters of administration were granted, are admissible as evidence of the original will and of the death of the testator without any proof of the authen­ ticity of the seal of the court or of the signature ot the officer of the court purporting to certify the same, but the court may, upon due cause shown upon . affidavit, order the original will to be produced in evidence or may direct such other proof of the original S6

EVIDENCE will as under the circumstances appears necessary or reasonable for testing the authenticity of the alleged original will and its unaltered condition and the correctness of the prepared copy.

(2) Letters probate of a will or letters of administration with a will annexed, or a copy thereof certified as pro­ vided in subsection (1) shall not be received in evidence upon any trial, without the leave of the court, unless the party intending to produce the same has, at least ten days before the trial, given to the party against whom it is intended to be produced notice of such intention.

(3) This

section applies to letters probate of a will or letters of administration with a will annexed where the will is proved elsewhere than in the Territory, if the original will has been deposited and the letters probate or letters of administration with will annexed were granted in a court having jurisdiction over the proof of wills and administration of the estates of in­ testates or the custody of wills. 46.

(2) REGISTERED INSTRUMENTS

(1) In an action where it would be necessary to pro­ duce and prove an original document that has been deposited, filed, kept or registered in any Land Titles Office, or a court registry, or in any public office or court in the Territory, in order to establish the document and the contents thereof, the party intending to prove the original document may give notice to the opposite party, ten days at least before the trial or other proceeding in which the proof is intended to be adduced, that he intends at the trial or other pro­ ceeding to give in evidence, as proof of the original document a copy thereof certified by the registrar of the office where the same is so deposited, filed, kept or registered, under his hand and seal of office.

A copy certified pursuant to this

section is sufficient evidence of the original document and of its validity and contents, without proof of the signature or seal of office of the Registrar, and without proof that the 57 CHAP. 5 Notice of intention to produce probate, etc. App.lica~~n. Copies of registered instruments as evidence. Copy is sufficient evideQte of ori~nal unle81 vahdityor' original' . dispute<!.

CHAP,~.5 Costs.; . Original document not to be filed in court without order. Where order made original document to be filed. I',.oofol certain· documtrits. J nspcctioll. EVIDENCE document was so deposited, filed, kept or registered, unless the party receiving the notice, within four days after its receipt, gives notice that he disputes the validity or contents of the original document.

(3) The cost attending any production or proof of the original document is in the discretion of the court. 47.

(1) Where a public officer produces upon a subpoena an original document it shall not be deposited in court, unless otherwise ordered, but if a copy thereof or <l part thereof is needed for subsequent reference Of use. the copy. certified under the hand of the officer producing the document or otherwise proved, shall be filed as an exhibit in the place of the original and the officer shall be entitled to receive in addition to his ordinary fees, the fees for any certified copy, to be paid to him before it is delivered or filed.

(2) Where an order is made that the original be retained, the order shall be delivered to the public officer, and the exhibit shall be retained in court and filed. MERCANTILE DOCUMENTS AND TELEGRAMS 48.

(1) A party desiring to give in evidence a telegram. letter, shipping bill, bill of lading, delivery order, re­ ceipt, account, or other written instrument used ill business or other transactions. may give notice to the opposite party, ten days at least before the trial or other proceeding in which the proof is intended to be adduced, that he intends to give in evidence as proof of the contents a writing purporting to be a copy thereof and in the notice shall name some convenient time and place for the inspection thereof.

(2) The copy referred to in subsection (1) may, after the giving of the notice referred to in that subsection, be inspected by the opposite party, and shall without further proof be accepted and taken in lieu of· the original as proof of the contents of the original unless the party receiving the notice within four days after the time mentioned for such ·inspection gives notice 58

EVIDENCE that he intends to dispute the correctness or genuine­ ness of the copy at the trial or proceeding, and to re­ quire proof of the original and the cost attending any production or proof of the original are in the discretion of the court. MISCELLANEOUS PROVISIONS AS TO DOCUMENTS AND EVIDENCE 49.

The production of a printed copy of a newspaper in any action is prima fade evidence that any notice or advertise­ ment contained therein was inserted, advertised and published in that newspaper by the person by whom, or in whose behalf, or in whose name, the notice or advertisement purports or appears to be inserted, advertised or published. 50. It is not necessary to prove, by the attesting witness, an instrument to the validity of which attestation is not requisite. CHAI'.- 5 Costs. Production of newspaper as evidence of notice inserted therein.

Where no attestation required. 51 C . f d' t d 't' 'th 't' Comparison . ompanson 0 a ISpU e wn mg WI any wn mg of disputed Proved to the satisfaction of the court to be genuine shall writing with genuine. be p