April 10, 1905

LIB

Frank Broadstreet Carvell

Liberal

Mr. CARVELL.

I will inform the Minister of Justice that out in the country before the country magistrate that proceeding is not very well understood.

Topic:   CRIMINAL CODE, 1892-AMENDMENT.
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CON

Edward Guss Porter

Conservative (1867-1942)

Mr. PORTER.

In Ontario there is provision by the local law that the judge of a court may certify that a summons issue on the part of the prosecutor or on behalf of a defendant but there is no provision in the statute for the payment of fees. The judge may issue his certificate that a summons be issued by the Crown Attorney or authority summoning that witness to court on behalf of the defence but there is no provision for the payment of the witness. A defendanti if too poor to procure witnesses can get a certificate to subpoena and bring his witnesses to court so there is no hardship in that case at all.

Topic:   CRIMINAL CODE, 1892-AMENDMENT.
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LIB

John Howard Sinclair

Liberal

Mr. SINCLAIR.

He does not have to advance the fees in this case. But under this amendment he will have to do so.

Topic:   CRIMINAL CODE, 1892-AMENDMENT.
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CON

Edward Guss Porter

Conservative (1867-1942)

Mr. PORTER.

I want to prevent your putting a witness in jail when he has no means to come to court and has committed no offence.

Amendment (Mr. Carvell) agreed to.

Topic:   CRIMINAL CODE, 1892-AMENDMENT.
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CON

Edward Guss Porter

Conservative (1867-1942)

Mr. PORTER.

I understand that this Bill will be brought up again.

Topic:   CRIMINAL CODE, 1892-AMENDMENT.
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LIB

Charles Fitzpatrick (Minister of Justice and Attorney General of Canada)

Liberal

Mr. FITZPATRICK.

There are three clauses in this Bill which are necessary and which I will have to introduce myself in order to give effect to the Criminal Code

unless they are proceeded with by my hon. friend.

Topic:   CRIMINAL CODE, 1892-AMENDMENT.
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LIB

Frederick William Borden (Minister of Militia and Defence)

Liberal

Mr. K. L. BORDEN.

Perhaps it might be worth while, if the Minister of Justice can accomplish it, to have a memorandum prepared as to the law in the different provinces. I think in Nova Scotia it is as the Minister of Justice has mentioned, not only at a preliminary investigation but at the formal trial later on. I do not know by whom the fees are paid in Ontario and Quebec. Are they paid by the local government ?

Topic:   CRIMINAL CODE, 1892-AMENDMENT.
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LIB

Charles Fitzpatrick (Minister of Justice and Attorney General of Canada)

Liberal

Mr. FITZPATRICK.

They are paid by the local government in Quebec.

Topic:   CRIMINAL CODE, 1892-AMENDMENT.
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LIB
CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

They are not paid out of the fees of the local government.

Topic:   CRIMINAL CODE, 1892-AMENDMENT.
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LIB
LIB

Charles Fitzpatrick (Minister of Justice and Attorney General of Canada)

Liberal

Mr. FITZPATRICK.

The magistrate determines as to the proper charge.

Topic:   CRIMINAL CODE, 1892-AMENDMENT.
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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

Tuesday, April 11, 1905.

Topic:   CRIMINAL CODE, 1892-AMENDMENT.
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April 10, 1905