I can understand the necessity for this amendment
in respect to the district of Montreal and Quebec and in places where we have magistrates who have necessarily been members of the bar for a certain time before being appointed. In Ontario and other provinces where there are magistrates having jurisdiction of two justices of the peace who would be entitled to issue the summons indicated in this amendment, they may not be lawyers at all, never studied law, mere laymen who have actually no experience in legal matters ; and the effect of this amendment would be to give these gentleman jurisdiction over the whole of Canada.
Section allowed to stand.
On section 687,
If upon the trial of an accused person such facts are proved upon the oath or affirmation of any credible witness that it can be reasonably inferred therefrom that any person whose deposition has been theretofore taken in the investigation of the charge against such person is dead, or so ill as not to be able to travel, or is absent from Canada, and if it is proved that such deposition was taken in the presence of the person accused, and that he, his counsel, or solicitor had a full opportunity of cross-examining the witness, then if the deposition purports to be signed by the judge or justice before whom the same purports to have been taken, it shall be read as evidence in the prosecution without further proof thereof, unless it is proved that such deposition was not in fact signed by the judge or justice purporting to have signed the same.
2. In this section ithe word * deposition ' includes the evidence of a witness given at any former trial upon the same charge.