April 17, 1918

L LIB

Lucien Cannon

Laurier Liberal

Mr. CANNON:

If the hon. minister who is holding this position at present disappears, and a new man is chosen, this section would apply?

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Sir ROBERT BORDEN:

Yes.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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L LIB

Lucien Cannon

Laurier Liberal

Mr. CANNON:

And the new minister would not have to be elected?

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Sir ROBERT BORDEN:

He must go hack and be elected.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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L LIB
UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Sir ROBERT BORDEN:

It does not disqualify him>

'but he must go back and be elected.

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L LIB

Jacques Bureau

Laurier Liberal

Mr. BUREAU:

If it does not disqualify him from sitting in the House, he need not go back for re-election. Under the old law, when a man accepted an office in which he received money from the Crown, his mandate from the people ceased, and he Was no longer a member of the House. This section says:

Nothing in the Dominion Elections Act or in the Senate and House of Commons Act, Revised Statutes of Canada 1906, Chapters 6 and 10 respectively, or in any other statute or law, shall render Ineligible any person accepting or holding any of the said offices.

Under the old law, if he accepts a position where he receives emoluments from the Crown his mandate as a~representative of tjie people ceases, and he must go back to be re-elected. But this section provides that nothing in these Acts shall hereafter disqualify him, if he occupies one of the specific positions mentioned in the section. Then we have the saving clause as to the time the Act will continue in operation. My impression of the Act is that after the war is over if you choose to appoint a members of this House to one of the positions he is relieved by this section from the necessity of going before the electors to have his selection ratified.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Sir ROBERT BORDEN:

I do not understand that such is the meaning.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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L LIB

Ernest Lapointe

Laurier Liberal

Mr. E. LAPOINTE:

The old law used the same words with the following: " Whenever elected while holding the office." This would read as follows:

-shall disqualify (him from sitting or voting therein whenever elected while holding the office.

That is the law as it exists to-day, and those, words do not -appear in the present clause.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Sir ROBERT BORDEN:

There is no intention to -make iany change in that respect. The Bill was drafted by the Parliamentary Counsel, -and I do not understand that the clause -has the meaning my hon. friend suggests. If it 'has it should be amended, but it was not the intention to make (any such change.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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L LIB

Jacques Bureau

Laurier Liberal

Mr. BUREAU:

Leaving aside the fact that the Bill was prepared toy the Parliamentary Counsel, if other members of the House agree with the interpretation given by my right hon. friend, I am willing to submit,

and I will slay there must be something wxong with my interpretation of the English. I do not rise to criticise at all.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Sir ROBERT BORDEN:

Let it stand.

Section stands.

On subsection 4-'salaries to be paid from first appointment:

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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L LIB

Jacques Bureau

Laurier Liberal

Mr. BUREAU:

I think the same objection applies here.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Sir ROBERT BORDEN:

Why?

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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L LIB

Jacques Bureau

Laurier Liberal

Mr. BUREAU:

The last paragraph says:

And such payment shall not render the persons receiving same ineligible as members of the House of Commons or disqualify them for sitting or voting therein.

After they are appointed they can receive emoluments.from the Crown, and disregard the provision of the statute which says that they cannot do so until they have gone back for re-election.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Sir ROBERT BORDEN:

This particular section refers in its terms to those who are now holding office. It is not intended that they should be disqualified inasmuch as they have been elected and I do not think the subsection has any relation to any one else except tho=e who now hold office.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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L LIB

Ernest Lapointe

Laurier Liberal

Mr. E. LAPOINTE:

Why should we not insert there the same words that are in the existing law: " whenever elected while

holding the office "?

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Sir ROBERT BORDEN:

Because we know perfectly well they have been elected.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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L LIB

Ernest Lapointe

Laurier Liberal

Mr. E. LAPOINTE:

But some one else might be appointed to the same position.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Sir ROBERT BORDEN:

He would not come within the terms of the section.

Topic:   SALARIES ACT AMENDMENT-INDEPENDENCE OF PARLIAMENT.
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April 17, 1918