Northwest Territories Act (R.S.C., 1985, c. N-27)

Act current to 2013-05-20 and last amended on 2013-03-08. Previous Versions

PART II

ADMINISTRATION OF JUSTICE

Judicature

Marginal note:Appointment of judges

32. The Governor in Council shall appoint the judges of such superior, district or county courts as are now or may hereafter be constituted in the Territories.

  • R.S., c. 48(1st Supp.), s. 22.
Marginal note:Tenure of office of judges

33. The judges of the superior, district and county courts in the Territories shall hold office during good behaviour but are removable by the Governor in Council on address of the Senate and House of Commons and shall cease to hold office on attaining the age of seventy-five years.

  • R.S., c. 48(1st Supp.), s. 22.

Supreme Court

Marginal note:Ex officio judges

34. A judge, other than a deputy judge, of the Supreme Court of Yukon or of the Nunavut Court of Justice is ex officio a judge of the Supreme Court of the Northwest Territories.

  • R.S., 1985, c. N-27, s. 34;
  • 1993, c. 28, s. 77.2;
  • 1998, c. 15, s. 17;
  • 1999, c. 3, s. 11;
  • 2002, c. 7, s. 220.
Previous Version
Marginal note:Deputy judges

  • 35. (1) The Governor in Council may appoint any person who is or has been a judge of a superior, county or district court of any of the provinces or a barrister or advocate of at least ten years standing at the bar of any province to be a deputy judge of the Court and fix his remuneration and allowances.

  • Marginal note:Duration of appointment

    (2) A deputy judge may be appointed pursuant to subsection (1) for any particular case or cases or for any specified period.

  • Marginal note:Tenure of office

    (3) A deputy judge holds office during good behaviour, but is removable by the Governor General on address of the Senate and House of Commons.

  • R.S., 1985, c. N-27, s. 35;
  • R.S., 1985, c. 27 (2nd Supp.), s. 8.
Marginal note:Residence

36. Unless the Governor in Council, by order, otherwise provides, the judges of the Court, other than ex officio judges and deputy judges, shall reside in the city of Yellowknife or within forty kilometres thereof.

  • R.S., c. N-22, s. 27;
  • SOR/71-369;
  • 1976-77, c. 25, s. 23.
Marginal note:Exercise of powers of stipendiary magistrate

37. Where in any Act, ordinance or other law in force in the Territories it is expressed that a power or authority is to be exercised or a thing is to be done by a stipendiary magistrate of the Territories, the power or authority shall be exercised or the thing shall be done by a judge of the Court or, where the power, authority or thing is within the jurisdiction given to him pursuant to this Act, by a police magistrate.

  • R.S., c. N-22, s. 29;
  • SOR/71-369.