20

Third Session, 44th General Assembly

50 Elizabeth II, 2001

BILL 20

AN ACT TO AMEND THE PROVINCIAL COURT ACT, 1991 NO.2

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE KELVIN PARSONS, Q.C.

Minister of Justice and Attorney General

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTE

This Bill would amend the Provincial Court Act, 1991 to provide for the secondment of bilingual judges from other provinces to preside over trials where an accused has exercised his or her right to be tried in the French language. Currently the Provincial Court is unable to meet this requirement from its own judges.

 

A BILL

AN ACT TO AMEND THE PROVINCIAL
COURT ACT, 1991 NO.2

Analysis

1. S.5.1 Added
Bilingual judges

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


SN1991 c15
as amended

1. The Provincial Court Act, 1991 is amended by adding immediately after section 5 the following:

Bilingual judges

5.1 (1) The Lieutenant-Governor in Council, following consultation with the chief judge, may appoint a bilingual judge of the provincial court of a province other than this province to preside over proceedings that an accused has requested be conducted in French.

(2) A judge appointed under subsection (1) shall

(a) hold office for the term set by the Lieutenant-Governor in Council, but the appointment is subject to his or her remaining a judge of the provincial court of the province in which he or she was appointed;

(b) have the powers and duties given by section 4 to a judge appointed under section 5;

(c) be paid for his or her services as if he or she were a judge appointed under section 5, in the proportion that the number of days of his or her service bears to a full year of service;

(d) be reimbursed for the expenses he or she incurs in performing his or her duties; and

(e) be subject to the authority of the chief judge set out in section 8.

(3) Other than sections 4, 20 to 24, 32 and 33, this Act does not apply to a judge appointed under this section.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

©Earl G. Tucker, Queen's Printer