Mr. SINCLAIR:

There is another point that I wish to draw to the attention of the Prime Minister. A residence of three months qualifies a woman to vote under this Act. If it is intended that the provincial lists shall be adopted, and if the recording of the names of these women is to be done by the officials of the province in Nova Scotia, I would point out to the right hon. gentleman that provision is made in that province that the revision shall be completed on the 5th of April each year and that the revision lasts for twelve months. If an election took place nearly twelve months after the revision there would be a large number of women qualified under this Act who would not be cn the list. I am not clear as to whether it is intended that the local lists shall be adopted but if so there would be that difficulty.

Sir ROBERT BORDEN:

If women were on the provincial list in Nova Scotia the difficulty would not so occur. Assuming that the legislation which I mentioned a moment ago should not pass in the legislature of Nova Scotia, and with respect to any other province where women are not placed upon the provincial lists, there would have to be some machinery provided under the Dominion Elections Act. Machinery already exists under the WarTimes Elections Act which is in force for the time being. Before the Dominion Elections Act is to be resorted to, my hon. friend is quite right in suggesting that some machinery must Ibe provided.

Mr. DEVLIN:

I had it in mind to ask the Prime Minister that particular question. I see by clause 2 of thp Act that the Act is to be construed as one with the Dominion Elections Act and the WarTimes Elections Act. That very particularly affects the province of Quebec where, under the system adopted, enumerators have to be appointed. This system was not necessary prior to the last election. Is that system to continue and wilT enumerators have to he appointed?

Sir ROBERT BORDEN:

As far as the War-Time Elections Act is concerned, it will continue because it is one of the provisions of the Act. I have already . explained that in the application of the measure to the Dominion Elections Act I think it is very probable that some addi-

tional machinery will have to be provided fcr placing the names of women upon the electoral lists in the Dominion.

On subsection 2, section 1-a British subject for purposes of this Act.

Mr. MORPHY:

I presume that under

the rules of the House when a Bill is in Committee, one may Tefer to a former section. I would like to make a remark about, subsection (3) of section 1, which reads:

Every female person shall he entitled to vote at a Dominion election who. ... (d) Is not disqualified on account of race, blood or original nationality to vote at elections for members of the Legislative Assembly of the province in which the constituency is situate, etc.

These terms are so abstract that I think they should he defined: in some w.ay in the Act. One can hardly understand exactly w.hatt they do mean. I confess I do not. The next point I would .like to' make is that, 'in my opinion, a Franchise Act relating to the whole of Canada, so far as women are: concerned, should contain within itself dearly and distinctly all the provisions which go to show in what the franchise consists and the requisite qualifications of the pershn who- is to enjoy the franchise. I must confess that the War-time Elections Act was a very difficult one to understand. Lawyers, as well as men of business, disagreed' about it; and when we consider that our election machinery must be handled throughout the length and breadth of Canada toy men in rural districts, educated no doubt pretty well, bat still farmers, who have to take care of the rural polls, I submit that it is the dhty of this Parliament to make the Election Act as plain as possible and not as complicated as this Bill appears to be. The working out of this Bill, as I see it here now, is going to be very difficult. There are too many abstractions in it. I submit that the Act itself should contain all the factors that show in what the franchise consists. Where it depends upon the Naturalization Act, let us have the naturalization clauses put right in the Bill, so that we. can get down to a complete, concrete Act that can be understood by the very commonest man in the country.

Sir ROBERT BORDEN:

It is a very

useful form of legislation to enact by reference. I really cannot see that there should he any difficulty about working it out as this Bill prescribes.

Sir SAM HUGHES:

Could the hon. First Minister work out the Last Elections Act

in regard to enumerators and every thing else?

Sir ROBERT BORDEN:

No, I never had occasion to attempt it. I am not talking about the War-Time Elections Act, I am talking about this Act. I really cannot agree with my hon. friend from Perth (Mr. Morphy) that there is the lack of information in the Bill which impresses him. The first subsection seems to me to be tolerably clear, and I think I shall be able to show that- the words which are used there have a distinct meaning within the law. However, I shall give consideration to what he has observed in that respect and shall speak further upon the matter when the Bill is next in 'Committee.

Mr. REDMAN:

Mr. Chairman, I would

like to draw the attention of the committee to paragraph (c), subsection 2, section 1, giving British nationality to any woman who marries a British subject, or to any woman who qualifies on account of her father having been naturalized while she was a minor. If that is the intention of the section, it seems to me that a grammatical interpretation will not convey that idea. The subsection reads:

If, being a married woman and previously an alien, she has become a British subject by marriage, or by the naturalization as a British subject of her father while she was a minor-

Now, it seems to me that the words beginning "if, being a married woman'' grammatically govern the entire clause down to the word "minor," and if the first interpretation which I gave is the correct one, then the reading would be much more clearly conveyed by striking out the words "if being a married woman" and substituting the words "if, having been previously an alien, she has become a British subject by marriage, or by the naturalization as a British subject of her father while she was a minor." In the etent of that not being the intention, then it would appear that any woman acquiring British nationality through the naturalization of her father while she was a minor, and who had married either a British subject or an alien, would not acquire British nationality which would enable her to exercise the franchise.

Sir ROBERT BORDEN. I think there is some force in what my hon. friend has observed. It probably could be corrected by inserting the words "or, if she has become a British subject by the naturalization as a British subject of her father." I shall make a note of my hon. friend's suggestion.

Sir WILFRID LAURIER:

Mr. Chairman, it seems to me there is a great deal of force in the observation of my hon- friend from Perth (Mr. Morphy), that this Bill should contain everything that is intended. Let me call at once to the attention of my hon. friend the difficulty which arises. Subsection (c) reads:

If, toeing a married woman and previously an alien, she has become a British subject by marriage, or by the naturalization as a British subject of her father while she was a minor, and in either case has done nothing, (other than in the second case by marriage) to forfeit or lose her status as a British subject, and obtains and presents to the official in charge of the preparation or revision of the voters' lists of the said constituency a certificate under the signature of a judge or any court of record1, etc.

If I understand this aright, it is intended that the provincial lists should be used and that no special lists should be made. At the present time the provincial lists are used: we make no. Dominion list. We accept the lists of the provinces, and I think that is quite proper. If that he so, it seems to me the application for registration should be made at the time that the lists are prepared. The time at which the lists are prepared differs in almost every province. In Ontario, I think, they are prepared in the month of September or thereabouts, and in Quebec also they are prepared in September. I do not know the practice in the other provinces. But it seems to me that, the Prime Minister should provide that the application for registration should be made at the time the lists are prepared. Otherwise, if there is no period stated in which applications are to be made, when must applications be made? Are they to be made at all times, even on the day of voting?

Sir.ROBERT BORDEN: I shal1 consider what my right hon. friend has observed, hut I should think it would follow as a matter of course, that the certificate must be produced before the woman can be put upon the list.

Sir WILFRID LAURIER:

She has to

produce her certificate? In my own province the lists are prepared under the authority of the municipal council, in very much the same Way as they are in Ontario. The secretary of the council prepares the lists and when ready they are submitted to the council and discussed by it. That system works very smoothly and creates no difficulty at all. Anybody who regards himself as qualified makes his application to the clerk who puts it upon the list and

[ Sir Robert Borden. ]

it is discussed by the council. I would suggest that something of the same kind should be provided for here: the woman

goes to the clerk of the council with her certificate, which she has obtained from the judge, and then she can be registered. I want my right hon. friend to take into consideration the time when the lists are prepared in every province.

Sir SAM HUGHES:

Should not the Bill contain some provision as to the preparation of the lists?

Sir ROBERT BORDEN:

I have already explained my conception of the law. I think that under the War-time Elections Act there is machinery under which lists containing the names of women, entitled to vote under this Act could be prepared. I have also mentioned in reply to my hon. friend from Antigonish and Guysboro, (Mr. Sinclair) who, I think, raised this point, that so far as the Dominion Elections Act is concerned, when this legislation comes to be applied, there must be some machinery provided for this purpose.

Sir SAM HUGHES:

If you are depending upon the War-time Elections Act it will require all the lawyers in the House to interpret it, and then no two of them will agree.

Mr. NESBITT:

Do I understand that

paragraph (c), subsection 2, will be amended, and that women will ibe under the same obligation as men to reside in the country for a year and in the constituency for three months? .

Sir ROBERT BORDEN:

I said I would consider the point.

Mr. NESBITT:

While on my feet, I

would like to endorse what the hon. member for North Perth (Mr. Morphy) said, that this legislation would be much more intelligible if there were not so many references in it. It is a very tedious and difficult matter to hunt up the information necessitated by the many references. I see no reason why the Bill should not be more sim/ply drawn.

Mr. NICKLE:

I would like the Prime

Minister to make a note of this point: Paragraph (c) of the subsection 2, section 1, reads as follows, speaking of married women who have become British subjects:

If, being a married woman and previously an alien, she has become a British subject by marriage, or by the naturalization as a British subject of her father while she was a minor, and in either case has done nothing (other than in the second case by marriage) to forfeit or lose her status as a British subject,-*

-and so on. Now it seems to mo that would not confer on the woman who had *been an alien and had become a British subject by marriage the right of voting if her husband were not living, because she is no longer a married woman.

Sir ROBERT BORDEN:

I see my hon. friend's point and I will make a note of it. We shall be very glad if any other hon. gentleman 'has any observations to make upon this Bill so that we may get the benefit of the wisdom of the Committee.

Mr- NICKLE: While upon this subject, take the last part of the section dealing with minors. As I understand it a minor becomes a British subject if, during the period of being a minor, the father being an alien becomes naturalized, and on attaining majority the minor does nothing to deprive himself or herself of the citizenship attained. The last part of paragraph (c) says that :a woman can vote and can attain British citizenship by virtue of the naturalization of her father, but she must produce a certificate from the Court that she has lived sufficiently long in the country to entitle her, in her own right, to become a British subject. The child might have lived outside the country and have attained British citizenship by virtue of the naturalization of the father but she would not have the qualification required by the Naturalization Act entitling her to be naturalized if the father had never been naturalized. What is the dbrject sought in this? Is the object fo the Bill to confer on a minor the right to vote by virtue of the father's naturalization, or must the naturalization of the minor be under such circumstances that she could have attained) it if she applied on her own initiative?

Sir ROBERT BORDEN:

Of course no woman can Obtain thd right to vote unless she is already a British subject. When she comes with her application to put her name on the electoral list she must show that she has the qualifications which would at that time have entitled her to become a British subject if she had not become technically such by the naturalization of her father.