Bill 7 (The Court of Appeal (Residency) Amendment Act, 2024)
Second Reading
From Hansard (31 March 2025)

To view this section on video, click here and start play at 3:26:15 PM.

Hon. Tim McLeod: — Thank you again, Mr. Speaker. Today I rise to move second reading of The Court of Appeal (Residency) Amendment Act, 2024.

Mr. Speaker, beginning in 1915, Saskatchewan’s Court of Appeal Act has provided that Regina is the judicial centre for every application, motion, or appeal to the Court of Appeal. In 1953 the Act permitted that certain sittings may be heard at the judicial centre of Saskatoon. Today the Act permits that any application, motion, or appeal related to an action or matter heard in the judicial centres of Battleford, Melfort, Prince Albert, or Saskatoon may also be heard in Saskatoon.

Mr. Speaker, the proposed amendments will allow Saskatoon to be considered the residence for a set number of Court of Appeal judges. The maximum number of judges who may have a deemed residence in Saskatoon will be set out in the regulations, and the Chief Justice will consent to which members of the court will be considered located in Saskatoon for the purposes of travel reimbursement.

As in the provinces of Alberta and Quebec, where the residence of the Court of Appeal judges is split between the two major cities in those provinces, the proposed amendments recognize Saskatoon as the other significant population centre here in Saskatchewan. Creating a residency in Saskatoon for a limited number of judges will also broaden the pool of potential applicants for positions on the Court of Appeal.

The proposed amendments do not change the default that the Court of Appeal sits in Regina and certain matters, including appeals related to prosecutions pursuant to federal legislation, shall be entered for hearing and heard at the sitting of the court in Regina.

Mr. Speaker, the proposed amendments also include housekeeping changes such as removing gendered language from the Act.

I am pleased to move second reading of The Court of Appeal (Residency) Amendment Act, 2024.

---

Standing Committee on Intergovernmental Affairs and Justice
From Hansard (6 May 2025)

To view this section on video, click here and start play at 4:43:05 PM.

Clause 1

Chair B. McLeod: — We’re considering today Bill No. 7, The Court of Appeal (Residency) Amendment Act, 2024, a bilingual bill, with the Ministry of Justice and Attorney General. And we will begin with clause 1, short title.

Minister McLeod is here with officials, and I would ask that officials please introduce themselves before they speak for the first time, which will only be once. And please do not touch the microphones. The Hansard operator will turn them on for you when you speak. Minister, please introduce those with you today and make your opening comments, please.

Hon. Tim McLeod: — Thank you very much, Mr. Chair. Joining me at the table today is Maria Markatos, senior Crown counsel, legislative services branch in the Ministry of Justice and Attorney General. And seated behind us is my chief of staff, Max Waldman.

Mr. Chair, I am pleased to offer opening remarks concerning Bill 7, The Court of Appeal (Residency) Amendment Act, 2024. Bill 7 will add a new section 3.1, which will permit a certain number of Court of Appeal judges to reside in Saskatoon. The Court of Appeal is indeed located in Regina, and there is no intention to move the home of the court. However the proposed amendments recognize that Saskatoon is the other major centre in Saskatchewan and that some of the Court of Appeal matters are heard in Saskatoon from time to time.

This is also in line with other Canadian jurisdictions that recognize some judges may reside outside the seat of government in another major centre. The maximum number of judges who may have a residence in Saskatoon will be set out in the regulations.

Mr. Chair, three House amendments will be presented. The first to clause 5 will ensure that the new residence clause is worded in a way that recognizes the Court of Appeal judges may not necessarily reside within Regina or Saskatoon’s city limits. The proposed House amendment will deem the residence of a judge to be either in Saskatoon or Regina for the purposes of travel, regardless of where their actual residence may be.

The second House amendment adds new clause 7 to the bill to add the provision respecting reimbursement of reasonable meeting, conference, or seminar expenses. Saskatchewan is one of only two provinces that currently does not have such a provision.

The third and final House amendment will amend clause 8 of the bill to revise the regulation-making powers.

All three of these amendments have the support of the Chief Justice of the Court of Appeal.

Mr. Chair, the bill also makes several housekeeping amendments, such as removing Humboldt from the list of judicial centres as it ceased to be a judicial centre in 2008.

Mr. Chair, with those opening remarks, I welcome any questions respecting Bill 7, The Court of Appeal (Residency) Amendment Act, 2024.

Chair B. McLeod: — Thank you, Minister McLeod. I will now open the floor to questions. MLA Young.

Aleana Young: — Thank you, Mr. Chair. Thank you, Minister, to yourself, your staff, and your officials, as well as the team behind the changes being contemplated today.

Can you explain to the committee who you consulted with in the drafting of this legislation, what did they say, and whether or not they were supportive of the changes being presented here?

Hon. Tim McLeod: — Certainly. So the changes obviously impact the court themselves and came with consultation with the Chief Justice himself at the request of the court, and consultation really didn’t extend beyond that.

Aleana Young: — Thank you, Mr. Chair. No further questions.

Chair B. McLeod: — Seeing no more questions we will proceed to vote on the clauses. Clause 1, short title, is that agreed?

Some Hon. Members: — Agreed.

Chair B. McLeod: — Carried.

[Clause 1 agreed to.]

[Clauses 2 to 4 inclusive agreed to.]

[Clause 5 not agreed to.]

[Clauses 6 and 7 agreed to.]

[Clause 8 not agreed to.]

[Clause 9 agreed to.]

Clause 5

Chair B. McLeod: — I recognize Minister Martens.

Hon. Jamie Martens: — Thank you. I move that there be a:

New Clause 5 of the printed Bill

Add the following Clause after Clause 4 of the printed Bill:

“New section 3.1
   5 The following section is added . . . [under] section 3:

‘Residence of judges
3.1(1) Subject to subsection (2), the chief justice and the judges are deemed to reside in Regina.

(2) Subject to the maximum number prescribed in the regulations, the chief justice may consent to a judge being deemed to reside in Saskatoon.

(3) A judge, on taking up residence in accordance with subsection (2), shall not be required to make a change of residence unless the judge consents to the change.

(4) For the purposes of this section, the place of residence of a supernumerary judge is the judge’s place of residence immediately before the judge became supernumerary’ ”.

Chair B. McLeod: — Minister Martens has moved new clause 5. Do committee members agree with the amendment as read?

Some Hon. Members: — Agreed.

Chair B. McLeod: — Carried. Is new clause 5 agreed?

Some Hon. Members: — Agreed.

Chair B. McLeod: — Carried.

[Clause 5 as amended agreed to.]

Clause 7

Chair B. McLeod: — I recognize Minister Martens.

Hon. Jamie Martens: — Thank you. I move that a:

New Clause 7 of the printed Bill

Add the following Clause after Clause 6 of the printed Bill:

“New section 6.1
   7 The following section is added after section 6:

‘Meetings, conferences and seminars
6.1 For the purpose of section 41 of the Judges Act (Canada), a judge is authorized to attend, with the approval of the chief justice, a meeting, conference or seminar that is held for a purpose relating to the administration of justice’ ”.

Chair B. McLeod: — Minister Martens has moved new clause 7. Do committee members agree with the amendment as read?

Some Hon. Members: — Agreed.

Chair B. McLeod: — Carried. Is new clause 7 agreed?

Some Hon. Members: — Agreed.

Chair B. McLeod: — Carried.

[Clause 7 as amended agreed to.]

Clause 8

Chair B. McLeod: — I recognize Minister Martens.

Hon. Jamie Martens: — Thank you. I move that a:

New Clause 8 of the printed Bill

Add the following Clause after Clause 7 of the printed Bill:

“New section 23.1
   8 The following section is added after section 23:

‘Regulations
  23.1 The Lieutenant Governor in Council may make regulations:

(a) for the purposes of subsection 3.1(2), prescribing the maximum number of judges that may be deemed to reside in Saskatoon;

(b) in accordance with subsection 21(3), prescribing the fees and charges payable to the registrar’ ”.

Chair B. McLeod: — Minister Martens has moved new clause 8. Do committee members agree with the amendment as read?

Some Hon. Members: — Agreed.

Chair B. McLeod: — Carried. Is new clause 8 agreed?

Some Hon. Members: — Agreed.

Chair B. McLeod: — Carried.

[Clause 8 as amended agreed to.]

Chair B. McLeod: — His Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: The Court of Appeal (Residency) Amendment Act, 2024, a bilingual bill.

I would ask a member to move that we report Bill No. 7, The Court of Appeal (Residency) Amendment Act, 2024, a bilingual bill, with amendment. MLA Patterson moves. Is that agreed?

Some Hon. Members: — Agreed.

Chair B. McLeod: — Carried. Thank you everyone for your attention today and for walking us through that. Minister McLeod, is there any closing comments that you’d like to make?

Hon. Tim McLeod: — Mr. Chair, I just would close by thanking Ms. Markatos for her great work and assistance, not only on this matter but all of the work that she does. And my thanks sincerely to the committee for their time and efforts this afternoon. Thank you, Mr. Chair.

---

Back to 2024/2025 Session