May 3, 1901

CRIMINAL CODE-AMENDMENT.

LIB

Arthur Aimé Bruneau

Liberal

Mr. A. A. BRUNEAU (Richelieu).

(Translation.) I beg leave to introduce Bill (No. 132) to amend the Criminal Code, 1892.

Topic:   CRIMINAL CODE-AMENDMENT.
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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

(Translation.) Explain.

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LIB

Arthur Aimé Bruneau

Liberal

Mr. BRUNEAU.

(Translation.) Article 105 refers to lotteries. According to section 6, subsection D, the ' Credit Fonder du Bas-Canada ' and the * Credit Fonder Franco-Canadien ' do not come under the operation of that article. The principle of the Bill is to have these restrictions done away with as regards the joint stock companies for loans and savings, and to put on a footing of equality with the ' Credit Fonder du Bas-Canada ' and the ' Credit Fonder Franco-Canadien ' all other joint stock companies which may have been incorporated under the authority of our provincial legislatures.

Bill read the first time.

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DOMINION ELECTIONS ACT, 1900.


The SOLICITOR GENERAL moved that the order for the third reading of Bill (No. 64), the Dominion Elections Act, be discharged, and that the Bill be referred back to Committee of the Whole. Motion agreed to, and House went into committee thereon. The SOLICITOR GENERAL moved, as subsection 5a of subsection 5 : 5a. Subsection 70 of section 64 of the said Act is hereby repealed and the following substituted therefor :- ' 5. If his name be omitted from the list of voters on account only of some disqualifying provision of the provincial law specified in section 6 of the Franchise Act, 1898, as amended, he shall, if not otherwise disqualified under the provisions of this Act, be entitled to vote upon his taking or offering to take the oath in the Form T, in addition to any oath which he might have been required to take if his name had been on the list, so far as such last-mentioned oath is applicable.' 2. Any deputy returning officer or person presiding at a polling station who, in administering said last-mentioned oath, mentions as the disqualification under the provincial law any fact or circumstance which is not a disqualification within the meaning of the subsection 1 of section 6 of the Franchise Act, 1898, shall be liable to a penalty not exceeding $50 and not less than $10. Amendment agreed to. The SOLICITOR GENERAL moved that the Bill be amended by Inserting clause 6a as follows : Subsection 7 of said section 64 is repealed, and the following is substituted therefor :- ''7. From any oath which any such person offering his vote at such election may be required to take there shall be omitted any statements as to residence which he cannot by reason of such change of residence as is mentioned in the next preceding subsection truthfully make ; and instead of such statements, the following paragraph may be added to such oath : That you have resided in the (city or town) of of which this polling division is a part continuously from the said day of (insert here the day of the first sitting held for the registration of manhood suffrage voters, and if the voter has been temporarily absent for any of the purposes allowed by law, insert the words following : ' except occasionally or temporarily in the prosecution of your occupation as, mentioning, as the case may be, a lumberman or mariner or fisherman or in attendance as a student in an institution of learning in the Dominion of Canada (naming the institution), and that you are now actually a resident of and domiciled in the said (city or town).' "


CON

David Henderson

Conservative (1867-1942)

Mr. HENDERSON.

That will apply only to places like the city of Toronto: it is not general ?

Topic:   DOMINION ELECTIONS ACT, 1900.
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?

The SOLICITOR GENERAL.

Not general.

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Amendment agreed to. The SOLICITOR GENERAL moved that the following be inserted in the Bill as section 10a : 10a. Form T of schedule 1 to the said Act is hereby repealed, and the following substituted therefor : ' T (section 64). Oath of qualification of voter whose name is omitted on account of provincial disqualification. You swear (or solemnly affirm) that you are legally qualified to vote at this election, and


LIB

William Stevens Fielding (Minister of Finance and Receiver General)

Liberal

Mr. FIELDING.

that you verily believe that your name was omitted from the list of voters by reason of your being (here name the office the holding of which, or the capacity in the public service of Canada or the province, the employment in which, or the profession, calling, employment or occupation, the belonging to or engagement in which, or the class of persons, the belonging to which disqualified or disqualifies the voter from having his name on the list or from voting at a provincial election) at the time such list was prepared, and for no other reason. So help you God.

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CON

James Clancy

Conservative (1867-1942)

Hr. CLANCY.

It seems to me that that is so exquisitely indefinite as to make it impossible for the ordinary deputy returning officer to know what to insert. It assumes that the deputy returning officer is intimately acquainted with the law, which every one knows he is not. I fancy that it will lead to greater complications than we have at present. It seems to me that the only safe way is to enumerate in each case one or other of the reasons to be inserted.

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?

The SOLICITOR GENERAL.

That is what we are doing.

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CON
?

The SOLICITOR GENERAL.

They differ in every province.

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CON

James Clancy

Conservative (1867-1942)

Mr. CLANCY.

That does not help the Bill. It will lead to serious complications, because the deputy returning officer will not know what to do.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

I suppose the idea of the hon. Solicitor General is that when a man whose name is not on the list comes forward to vote, he is supposed to know the particular reason why his name is not on the list. It seems to me he must know that.

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CON

James Clancy

Conservative (1867-1942)

Mr. CLANCY.

He does not know. He says he has been in the country, and he thinks his name ought to be on the list.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

It seems to me that at some stage in the proceedings you must come to the particular cause of his disqualification. If the man is not able to get to that point, I do not see how a law can be framed to meet the case. If I am not mistaken, the deputy returning officer ought to have in his possession a copy of the provincial law showing what the disqualifications are in that particular province.

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?

The SOLICITOR GENERAL.

It appears to me to be a very simple matter. When a man makes application to vote, the first thing the deputy returning officer has to do is to examine the provincial list. He 136i

finds the man's name omitted. Then the man must state the reason why his name has been omitted from the provincial list, that is, because he is the holder of a certain office.

Topic:   DOMINION ELECTIONS ACT, 1900.
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CON

James Clancy

Conservative (1867-1942)

Mr. CLANCY.

Take the case of a man whose name was omitted from the list, not because of any provincial disqualification, but for some other reason, and who offers to take the oath, what will be the action of the deputy returning officer under such circumstances ? The man himself does not know why his name was not on the list.

Topic:   DOMINION ELECTIONS ACT, 1900.
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May 3, 1901