July 15, 1903

THE TREADGOLD CONCESSION.

CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

I brought to the attention of my hon. friend the Minister of the Interior, who is not in his sent at present, an inquiry addressed to me by means of a telegram from the Yukon, respecting the right of representation under the Treadgold concession. My hon. friend was good enough to say that he would give me an answer the next day, but evidently ihe matter has escaped his notice.

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The PRIME MINISTER.

I will take a note of it.

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THE CRIMINAL CODE.


Bill (No. 215) further to amend the Criminal Code, 1892, was read the second time. The MINISTER OF JUSTICE (Hon. Charles Fitzpatrick) moved that the House go into committee on the Bill.


CON

George Taylor (Chief Opposition Whip; Whip of the Conservative Party (1867-1942))

Conservative (1867-1942)

Mr. TAYLOR.

I had a consultation with the hon. minister with reference to this Bill, and he said he would not proceed with it until the deputation, which I told him was coming, had waited on him. I was informed that the deputation would be here to-day or to-morrow.

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The MINISTER OF JUSTICE.

My hon. friend has accurately stated what took place. There are, however, certain clauses of the Bill, which are merely amendments of no great importance. We might deal with them and allow the others to stand until I have had an opportunity of hearing the deputation. Or I will allow the whole Bill to stand over.

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CON

George Taylor (Chief Opposition Whip; Whip of the Conservative Party (1867-1942))

Conservative (1867-1942)

Mr. TAYLOR.

I was at a meeting of the wholesale hardware men last evening and they said that a deputation was coming with respect to another clause. There are practically only two contentious clauses, and it is hardly worth while to deal with any portion of the Bill until they are disposed of.

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The MINISTER OP JUSTICE.

There are some clauses affecting the questions of procedure which are not important and which must go through even if I have to drop the other two.

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Motion agreed to, and House went Into committee on the Bill. On section 2,


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The MINISTER OP JUSTICE.

The amendment here is to add the word ' everyone ' to the section as now drafted. The object is to remove certain doubts with respect to the applications to corporations of certain sections in which the words used are ' every one ' and ' every person.' Practically the word ' everyone ' includes corporations as well as individuals.

On schedule-75a and 75b :

75a. Every one is guilty of an offence and liable, on sumary conviction, to six months imprisonment, with or without hard labour, or to a fine not exceeding , and not

less than , or to both, who

wilfully-

(a.) deprives any other person of his employment, or

(b.) prevents any other person from being employed whether by himself or another, or

(c.) obstructs or annoys any other person, or his employer, in respect of the trade, business or employment of such other person, because such other person is an officer or man of the active militia ; or who dissuades any other person from enlisting in the active militia or any corps thereof, by threat of injury to him, in case he should so enlist, in respect of his trade, business or employment.

75b. It is hereby declared to be unlawful for any association or corporation, constituted or organized for the purpose of promoting the success of the trade, business or employment of the members thereof, by its constitution or by any rule, by-law, resolution, vote or regulation, to discriminate against any person because he is an officer or man of the active militia, in respect of the eligibility of such person for membership in such association or corporation, or in respect of his right to remain a member thereof, and any person who aids or abets in the enforcement of any such provision against a member of the active militia with intent to discriminate against him because of such membership, is guilty of an offence and liable on summary conviction, to imprisonment for six months, with or without hard labour, or to a fine not exceeding , and not less than ,

or to both.

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The MINISTER OF JUSTICE.

I think that these two sections, 75a and 75b might be read and considered together. They are an innovation so far as our criminal law is concerned. They are intended to afford adequate protection to our militia. It has been represented to me that, during strikes, threats are made sometimes by employers that if a man remains with the militia and turns out to assist in suppressing disorder during this strike he will be dismissed from his employer's service. It has been represented also that, on other occasions, employers of men have been threatened so as Mr. TAYLOR.

to induce them to prevent their men from joining the militia where their services might be utilized in case of a strike. These clauses have been adopted from the criminal code of the State of New York. I do not know that I want these two clauses to be adopted now. The Bill must remain in committee, and I would like it to remain so that we may have time to consider the penalty to be imposed under these clauses.

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CON

Edward Frederick Clarke

Conservative (1867-1942)

Mr. CLARKE.

Has the .lion, minister had any complaints or objections to these clauses ?

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The MINISTER OF JUSTICE.

I have had one letter from a labour union in Montreal. But it was evident they did not understand the scope of the Bill at the time the letter was written. In answering it, I sent a copy of the Bill and have heard nothing further from them. But it is only fair, as this is an innovation and a new departure that the clauses should be allowed to remain over so that those who are interested may have an opportunity to make representation if they desire to do so.

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CON

Frederick Debartzch Monk

Conservative (1867-1942)

Mr. MONK.

Does the hon. minister know of any legislation of this kind outside of Canada ?

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The MINISTER OF JUSTICE.

I have just stated that I have adopted these sections from the Criminal Code of the State of New York.

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CON

Frederick Debartzch Monk

Conservative (1867-1942)

Mr. MONK.

My reason for asking is that section 75b seems to me a little vague. I do not know whether the present condition of affairs would draw the attention o.f the public to a matter which, perhaps it is better to leave to the judgment of the good citizens generally, because those who wish to evade the law, as the minister is aware, can find means of evading such a law as this. In fact it might be better to rely on public opinion than pass a law on this subject. At any rate I find sections 75a and 75b rather vague.

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The MINISTER OF JUSTICE.

My hon. friend (Mr. Monk) will remark that the object of the section is to impose a penalty upon any person who deprives another of employment or prevents another from being employed either by himself or another or obstructs such person or his employer in respect to the trade, business, or employment of such other person, because such other person is an officer or man of the active militia.

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CON
L-C

Samuel Hughes

Liberal-Conservative

Mr. HUGHES (Victoria).

Better make that ' officer, non-commissioned officer or man.'

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July 15, 1903