Hon. WILLIAM PUGSLEY (St. John city) moved:

That, in the opinion of this House, it is desirable that the Government should promote legislation to amend The Dominion Elections Act, so as to provide that upon any province/ of Canada enacting legislation giving women the right to vote for members of the Provincial Legislature, such women as are on the Provincial voters lists, or as are otherwise entitled to vote for members of the Legislature in such province, shall also, unless otherwise disqualified, have the right to vote at elections for members of this House.

He said: Mr. Speaker, it is now nearly thirty years since I had the honour of proposing in the Provincial Legislature of New Brunswick a resolution to grant to women the right of suffrage. I had made that question an issue at the polls in the county for which I was a candidate, and I was elected. The people approved of my stand, but the resolution which I proposed was defeated in the Legislature by a small majority, and although the resolution was largely supported, the proposed measure never became law. Entertaining the views which I did at that time, that it was proper to grant to women the right of voting, and not having seen any occasion since to change those views, it is particularly gratifying to me at

the present time to know that a Bill has already passed the Legislature of Manitoba granting equal suffrage to women, and that at the opening of the session of the Alberta Legislature, it was declared in the speech from the Throne that one of the principal measures which the Government would submit would be a Bill granting female suffrage. I have the Edmonton Bulletin, which contains the speech of the Lieutenant Governor of Alberta, and I find in it the following paragraph:

For many years there has been a growing feeling that the equality of the sexes should be recognized, and that the women, who, perhaps in a special degree in a new country, have aided in the development, put up with the hardships and assisted in the prosperity, should have the right to take an equal part in the Government of the country. My Government has considered this question, and has decided that so far as the legislature has power, this equality should in Alberta be fixed by law, and that for the future there should be no distinction of sexes in our province.

I think that declaration reveals the spirit which should animate the members of legislatures in the other provinces of Canada, as well as the members of this Parliament.-For my part, I do not see that one supporting the proposition of equal suffrage is called upon to present any arguments in -its favour, because I think that the burden should rest entirely upon those who oppose the granting of this measure of justice. I am unable to see one reasonable argument that can be presented against granting to the women of our country the same right to -share in public affairs, the same Tight to vote for members of the legislatures, or of Parliament, as is granted to the male portion of the community. But, with respect to the. resolution which I have ventured to submit for the opinion of this House, it is not necessary, I think, that one should declare in the abstract in favour of granting female suffrage and for this reason: when the Liberal party came into power in 1896, there was then upon the statute book an Act providing for a federal franchise and providing federal machinery for the making up of the lists of voters and for the qualification of voters. The Liberal Government took office, and at a very early period it carried through Parliament a measure doing away with the Federal Franchise Act and making provision that the provincial lists in the various provinces, and the law providing the -qualification of voters, should govern in federal elections as well. During the whole of the period while tiie Liberal party was in power.

that principal was adhered to. The Conservative party has now been in office governing this country for upwards of four years, and no move has been made to change the present Dominion Elections Act. So, I think we may fairly take it for granted that both parties in this country are agreed that whatever may be the qualification for voters for the provincial legislatures in the different provinces, shall also be the law in so far as the right of electors to vote for the Dominion House of Commons is concerned.

It will be observed that my resolution only proposes that the Government should frame legislation to provide that in those provinces where the right of suffrage has been granted to women by the legislatures, women in those provinces shall have the right to vote at elections for members of the House of Commons. The necessity for making some such provision, I think, will be abundantly clear from an examination of the Dominion Elections Act. An examination of the provisions of the Revised Statutes of Canada, Volume 1, chap. 6, shows that in respect to all of the provinces, except Alberta, Saskatchewan, and the Yukon Territory, there is no express prohibition of women voting.

Mr. ROGERS:

There is no prohibition in Saskatchewan against the ladies voting.

Mr. PU'GSLEY: There is, unless the

law has been changed recently.

Mr. ROGERS:

They voted there in 1912.

Mr. PUGSLEY:

For the Dominion?

Mr. ROGERS:

No, for the provincial legislature:

Mr. PUGSLEY:

I am speaking now of elections for the Dominion House. There is no express prohibition in the Dominion Elections Act against women in that part of Canada other than Alberta, Saskatchewan and the Yukon, voting for the Dominion House of Commons, and it might be very well argued that if, in that part of the Dominion which is not embraced within Alberta, Saskatchewan, and the Yukon Territory women'weTe placed upon the provincial voters' lists they would have the right to vote in Dominion elections. But, when we bear in mind that also in respect to the representation in this Parliament there is no prohibition against women, and that the statute is equally silent in regard to women sitting in this House as it is in regard to women ' voting for members, I think, perhaps, it would raise a very strong

[Mr. Pug-sley.l

doubt as to whether or not, if the question came before the courts, it would be held that women have the right to vote, merely because there is no express prohibition of their exercising that right. The words of the statute with regard to candidates for Parliament are simply that a British subject may ibe elected to Parliament. The words will be found in 'Section 69:

Except as in this Act otherwise provided, any British subject may_be a candidate in an election for a seat in the House of Commons.

These words-, of course, are broad enough to allow a woman, if she is a British subject, to be elected to this House. The same argument, which could be made in favour of giving isuch ia construction to the provisions of the Act which relate to the rest of Canada, apart from Saskatchewan, Alberta, and the Yukon as would give to women the right to vote for members of Parliament would also give women the right to sit as members of Parliament. I doubt very much if the statute would be so interpreted by the courts.

My hon. friend the, Minister of Marine and Fisheries (Mr. Hazen) knows that some years ago, in the province of New Brunswick, an application was made 'by a lady for admission to the Bar. There was no prohibition in the provincial statute against women practising at the Bar, and therefore there would have been, on the face of the statute, apparently no reason why a woman should not be -admitted to practise law. But, when the question came before the courts on application for a mandamus to compel the Barristers' Society to admit a lady to the practice of the law, the court determined that as from time immemorial women had not been allowed to practise, or had not practised either at the Bar in Great Britain or in New Brunswick, it had not been the intention of the legislature -to grant that privilege in the absence of express

language of the statute granting it. Assuming that decision to be correct, I should judge that a similar argument might be made in respect to women being elected members of this House, namely that from time immemorial women had not been permitted to be elected as members of the British House of Commons or of this Parliament, and therefore were not eligible. It would, I fear, be held that when this Legislature passed the Dominion Elections Act it had not in mind the giving to women of the right to vote. My hon. friend (Mr. Lemieux) informs me that a similar

case arose in respect to an application of women to study law in the province of Quebec. In one portion of Canada, there is an express prohibition against women voting for members of Parliament. Part two of the Dominion Elections Act, consisting of sections 32 and 33 says:

In the provinces of Saskatchewan and Alberta except, as in this Apt otherwise provided, every male person shall be qualified to vote at the election of a member under this Act, who, not being an Indian, is a British subject and of the full age of twenty-one years and has resided-

Then follows the provision for residence. There is the same prohibition in respect of the Yukon territory in section 33:

In the Yukon Territory, save as in this Act ptherwise provided, every male person shall be qualified to vote at the election of a member under this Act, who, not being an Indian, is a British subject and of the full age of twenty-one years.

Then again by the form of the proclamation which will be found upon page 82 of volume 1, revised statutes; and which is made a part of the statute there is this notice for the electors:

The following is the qualification of electors as prescribed by Parliament:

In the provinces of Saskatchewan and Alberta and the Yukon Territory except as in this Act otherwise provided, every male person shall be qualified to vote at the election of a member under this Act, who, not being an Indian, is a British subject and of the full age of twenty-one years and has resided in the provinces of Saskatchewan or Alberta or the Yukon territory, as the case may be, for at least 12 months.

And then in the oath, which will be found on page 89, in case the right of any one to vote is challenged, the oath is as follows:

Do you swear you are of the male sex and a British subject, that you are not an Indian, that you are of the full age of 21 years and have resided in the provinces of Saskatchewan or Alberta or the Yukon territory, as the case may be, for at least 12 months.

Mr. ROGERS:

What Act is my hon. friend quoting?

Mr. PUGSLEY:

The Dominion Elections Act. ,

Mr. ROGERS:

There have been some changes. '

Mr. PUGSLEY:

I have not been able to find any revisions of these sections; they have not been altered buit remain in the statute.

Mr. ROGERS:

My hon. friend should

look up the Saskatchewan Act and he will find in it some very important changes.

751 .

Mr. PUGSLEY:

That would be so far as the Saskatchewan Legislature is concerned.

Mr. ROGERS:

The same law applies in Saskatchewan to the Dominion and to the provincial elections.

Mr. PUGSLEY:

My hon. friend is wrong. The Legislature would make provision for the lists, but this Parliament has never altered those provisions of the statute which expressly limit the right to vote to males. Parliament has' not changed the law in that respect. I am quite aware that the Legislature of Saska/tchewan has made provision for electoral lists and, as a reasonable consequence, one would suppose that apart altogether from this question having arisen, this Parliament would have followed the action of the Legislature of Saskatchewan and made in regard to that province similar provisions to those which exist in other provinces where there are lists.

Mr. ROGERS:

Surely my hori. friend would not ask us to follow Saskatchewan, when they provided that it was not necessary to be a British subject to exercise the franchise in that province.

Mr. PUGSLEY:

I should think myself that the right of franchise should be limited either to British subjects or to those who have taken the statutory declaration. Perhaps my hon. friend might be able to point me to that statute.

Mr. ROGERS:

I shall be delighted.

Mr. PUGSLEY:

Since the fire we are at a great disadvantage in getting books of reference.

Mr. TURRIFF:

The Minister of Public Works is a little bit wrong. There was a question whether the Saskatchewan Act stated definitely that the voter had to be a British subject, but that was removed by amendment in the session after the question arose.

Mr. ROGERS:

Following an election.