May 5, 1914

REPORT.


Report of the Dairy and Cold Storage Commission.-Hon. Mr. Burrell.


BRITISH NATIONALITY NATURALIZATION.


Hon. C. J. DOHERTY (Minister of Justice) moved for leave to introduce Bill No. 173, respecting British Nationality Naturalization and Aliens. He said: The principal purpose of this Bill is to provide the legislation necessary under the agreement arrived at between this Govern-



ment, the Home Government and the govr ernments of the other dominions, to bring about an empire-wide naturalization. The first part of the Bill deals with the definition of natural-born British subjects. It modifies the existing law, I think, substantially only to this extent: that whereas a person born out of the realm, whose father or grandfather was a British subject, is under the existing law a natural-born British subject, under the proposed legislation it -is required that the father of such person should be a natural-born British subject. This is a reproduction of legislation enacted by the Parliament of the United Kingdom. The next part of the Bill deals with naturalization, and it is that part the adoption of which by us is necessary in order to give effect to the arrangement -arrived at. It prescribes the conditions of naturalization, which are those prescribed -by the Parliament of the United Kingdom. It differs in several respects from- our existing legislation. This difference results from the fact that we have agreed, after conference with the Government of the United Kingdom and the governments of the other self-governing dominions, upon conditions of naturalization that are to be similar in -the United Kingdom and in each of the self-governing dominions.


IND

William Findlay Maclean

Independent Conservative

Mr. W. F. MACLEAN:

What do the other self-governing dominions include under the meaning of the Bill?

Topic:   BRITISH NATIONALITY NATURALIZATION.
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CON

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

Mr. DOHERTY:

Topic:   BRITISH NATIONALITY NATURALIZATION.
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Motion agreed to, and Bill read the firs! time.


JUVENILE DELINQUENTS ACT AMENDMENT.


Mr. DOHERTY moved for leave to introduce Bill No. 174, to amend the Juvenile Delinquents Act, 1908. He said: This Eill contains but one clause. Its purpose is to provide for the appointment of a deputy judge of the Juvenile Delinquent Court. It permits the appointment of a deputy judge Iby the judge of the Juvenile Delinquent Court, with the approval of the attorney general of the province. The consideration that has led me to regard as desirable the enactment of this legislation is that it has been found, in the operation of this Juvenile Delinquent Court-which, as is well known, seeks to deal with children in a manner to bring about their correction rather than for the purpose of inflicting punishment-there are a great many small matters that to-day are within the jurisdiction of that court, and therefore cannot be decided in the absence of the judge. In many instances it is very desirable that these matters should be proceeded with without delay, and it has been thought that in a great many cases it would be quite a suitable arrangement that the clerk of the court, who is perfectly familiar with the routine proceedings, should have power to deal with such matters in the absence of the judge. It is for the purpose of creating a condition in which that may ibe done that this legislation is sought to be enacted. I may say that this Bill is introduced at the instance of Judge Choquette, of the Juvenile Court of Montreal, whose experience has led him to make the suggestion. As the appointment is to be by the judge suibject to the approval of the attorney general of the. province, I think we may rely on it that the power will not be used for the appointment of other than suitable persons. The clerk of the court I have referred to is Mr. Dawson, and it will be generally acknowledged that he is a very competent person indeed to perform the duties, and that he is one who has proven himself most earnest in the work of endeavouring to bring about the correction and improvement of errant and apparently incorrigible children. Motion agreed to, and Bill read the first time.


SUPREME COURT ACT AMENDMENT.


Mr. DOHERTY moved for leave to introduce Bill No. 175, to amend the Supreme Court Act. He said: It will be remembered that at the last session of this Parliament an amendment was made to the Supreme Court Act for the purpose of making appealable from the province of Ontario, and from other provinces to which are applicable the same conditions of appeal as to those of the province of Ontario, a judgment rendered in a suit where the judgment decides some substantial right on the part of the parties, even though such judgment may not be final. In the application of the law so enacted the question has l^en raised whether that legislation applies to -cases which have been instituted before the enactment of that legislation, and, if I mistake not, it has been held that -it does not apply. It is considered desirable that in such cases the amendment should be made applicable, and the purpose of the present Bill is to provide that this amendment quoting the words of the Bill itself: Shall apply as well to actions, suits, causes, matters, or other judicial proceedings commenced before the date of the passing of the said chapter 51 as to actions, suits, causes, matters, or other judicial proceedings commenced since that date. There is a proviso against this legislation being applicable in any case where the question has been decided in a sense opposed to the effect of this legislation.


LIB
CON

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

Mr. DOHERTY:

I am not aware of any particular case. I have, had correspondence with lawyers upon the subject pointing out that difficulties have arisen. I believe there is one decision in the matter; I will look it up and communicate it to my hon. friend.

Topic:   SUPREME COURT ACT AMENDMENT.
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LIB

Charles Murphy

Liberal

Mr. MURPHY:

Do I understand the minister to say that this Bill will not apply to any case which has been decided as being without the provisions of the Bill of last session?

Topic:   SUPREME COURT ACT AMENDMENT.
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CON

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

Mr. DOHERTY:

We would not undertake to interfere with any judgment that has been rendered in any particular case.

Topic:   SUPREME COURT ACT AMENDMENT.
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Motion agreed to, and Bill read the first time.


PRIVATE BILL.

FIRST READING.


Bill No. 172, respecting the Toronto Terminals Railway Company.-Mr. Macdonell.


May 5, 1914