August 7, 1917

COMMITTEE TO REVISE RULES GOVERNING DIVORCE.

CON

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs; President of the Privy Council)

Conservative (1867-1942)

Sir ROBERT BORDEN moved:

That the following members be appointed a special committee to consider and report on the desirability of revising the Rules and Regulations governing the granting of divorce, and if, in the opinion of the committee, a revision is advisable, to submit to the House such amendments as are deemed necessary, and that the committee be empowered to meet in joint sittings with a like committee of the Senate: Messrs. Boyce, Maclean (Halifax),

Northrup, Pugsley, and Steele.

Motion 'agreed to.

Topic:   COMMITTEE TO REVISE RULES GOVERNING DIVORCE.
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SALE AND USE OF INTOXICATING LIQUORS.


BILL in aid op provincial legislation INTRODUCED. Hon. C. J. DOHERTY (Minister of Justice) moved for leave to introduce Bill No. 121, to amend "An Act in said of provincial legislation (prohibiting or restricting the sale or use of intoxicating liquors."


LIB
CON

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

Conservative (1867-1942)

Mr. DOHERTY:

Mr. Speaker, the purpose of this Bill is to make certain amendments to the Act which was passed at the last .session of the House in aid of provincial legislation prohibiting or restricting the sale or use of intoxicating liquors. There are five provisions. The first is merely to reinstate in the Act a clause which was in it as it passed this House and which was struck out 'by the Senate. That clause provided that for an offence under the Act the 'party accused could be tried either at the place whence he sent the liquor in contravention of the Act, or within the province into which he sent that liquor. The Senate amended the Bill by striking out the provision permitting of a charge 'being brought against a person in the province into which the liquor was sent.

The second provision authorizes the seizure of liquors in connection with charges made of violation of the Act. The Act as it stands provides that liquor, in regard to which any such offence has been committed, may upon the conviction of the party accused, be confiscated. But if has been found in practice that the provision was defeated by reason of the disappearance of the liquor between the laying of the charge and the obtaining of the conviction.

It is proposed that there should be power to seize the liquor and 'hold it pending the determination of the charge.

The third provision is to supplement provincial legislation prohibiting the circulation of advertising matter seeking to promote the sale of liquor. The proposed clause prohibits sending through the mails into or within any province advertising matter looking to the sale of liquor, the circulation of which is forbidden by the provincial law. Certain provinces have enacted legislation prohibiting the circulation of such literature and it was thought that it would only be proper that the post office should not carry matter in violation of a provincial law.

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L-C

Samuel Hughes

Liberal-Conservative

Sir SAM HUGHES:

Does that cover an advertisement in a newspaper?

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CON

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

Conservative (1867-1942)

Mr. DOHERTY:

It covers any advertising circulated in any form provided the legislation of the province itself prohibits that sort of advertising. It is a general provision supplementing and protecting provincial legislation.

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LIB

Charles Marcil

Liberal

Mr. MARCIL:

Will this prevent an Ontario house advertising in Quebec papers?

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CON

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

Conservative (1867-1942)

Mr. DOHERTY:

As far as circulation in Quebec is concerned, this law would not touch it unless the provincial legislature of Quebec prohibited the circulation of such advertising. But if a province, say the province of Ontario, prohibits the circulation within the province of advertisements looking to the sale of liquor, this Act will make it an offence for any one to use the mails to send these advertisements into that province, or to use the mails for the purpose of circulating them in that province. It is following up the principle of the measure that, where a province prohibits a thing in the exercise of its power, the legislation enacted will protect that provincial legislation from being violated from an outside source.

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L-C

Samuel Hughes

Liberal-Conservative

Sir SAM HUGHES:

It would prevent an English or American paper, or a paper from any other province, containing an advertisement of that character, from coming into the province of Ontario without contravening the provincial law?

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CON

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

Conservative (1867-1942)

Mr. DOHERTY:

If the provincial legislature forbids the circulation of such advertising, then this law will prohibit the use of the post office to send such literature in. The next clause is introduced at the request of a large number of persons interested in temperance. It provides for

the suspension of the Scott Act wherever it is in force in counties upon the petition for an election, but without an election, in all cases where there is in force in that province legislation prohibiting the sale of liquor which in the judgment of the Governor in Council is not less restrictive than the Scott Act. This is in response to a very widely expressed desire on the part of those who are interested in the temperance movement.

Finally, there is a provision to avoid a clash which it has been pointed out exists between a provision in the Proprietary or Patent Medicines Act and the prohibitory laws of certain provinces. The Proprietary and Patent Medicines Act contains a provision imposing a penalty for the fabrication or sale, under the names of patent or proprietary medicines, of preparations containing certain quantities of alcohol. It appears that the courts have held that by reason of that provision, even though the so-called patent medicine may be clearly an alcoholic beverage, as prohibited by the provincial legislation, that clause in the Proprietary and Patent Medicines Act, the Act being Dominion legislation, superseded the provincial legislation. It is proposed by this clause, inserted in the present Bill, to enact that any of the penalties imposed by the Proprietary and Patent Medicines Act shall be in addition to, and not in substitution for, any penalty provided under provincial legislation for the sale of the same article, treating it as the sale of liquor for a beverage.

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L-C

Samuel Hughes

Liberal-Conservative

Sir SAM HUGHES:

What is the penalty, under that advertising section, in case a person should happen to address a paper innocently to a friend in Ontario? Would the party sending it, or the friend in Ontario receiving it, be liable?

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CON

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

Conservative (1867-1942)

Mr. DOHERTY:

The penalty is not less than ten dollars and not exceeding one hundred dollars or imprisonment on any person who, by his clerk, his servant or *agent, or any person who as servant or clerk or agent, etc., sends or attempts to send through His Majesty's mail, to or from or within the province, advertising matter the circulation whereof is forbidden by the law of the province.

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L-C

Samuel Hughes

Liberal-Conservative

Sir SAM HUGHES:

How would you get at an American citizen who sends such matter into Canada through the mail?

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CON

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

Conservative (1867-1942)

Mr. DOHERTY:

I cannot devise any

criminal law that will apply to people in the United States. It is not within our legislative jurisdiction.

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Motion agreed to, and Bill read the first time.


CONFLAGRATION OF PARLIAMENT BUILDINGS.

LOSSES INCURRED BY SOME MEMBERS.


On the Orders of the Day: Mr. ROCH LAN'OTOT (translation): Before the Orders of the Day are called, I should desire to hear from the Government when they intend to bring down the report asked several weeks ago, about the losses incurred by some members at the time of the fire that destroyed the Parliament buildings.HrdI


August 7, 1917