April 29, 1918

OF THE DEBATES OF THE HOUSE OF COMMONS OF THE DOMINION OF CANADA FIRST SESSION-THIRTEENTH PARLIAMENT 8-9 GEORGE V, 1918 IN TWO VOLUMES

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Volume I:

Pages 1-1192 Volume II: Pages 1193-2560

Topic:   OF THE DEBATES OF THE HOUSE OF COMMONS OF THE DOMINION OF CANADA FIRST SESSION-THIRTEENTH PARLIAMENT 8-9 GEORGE V, 1918 IN TWO VOLUMES
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VOLUME CXXXIII

COMPRISING THE PERIOD FROM THE EIGHTEENTH DAY OF MARCH TO THE TWENTY-FOURTH DAY OF MAY, 1918, INCLUSIVE.


J. de LABROQUERIE TACIlE,


PRINTER TO THE KING'S MOST EXCELLENT MAJESTY CANADA


House of Commons Debates



Monday, April 29,. 1918.


REPORTS AND PAPERS.


A return containing copies of letters and telegrams between the Dominion Government and the Provincial Executives concerning the Order in Council of December 22, 1917, respecting the sale of securities by provincial, colonial, or foreign governments, municipalities, or other bodies.-Hon. Mr. Burrell. A return showing payment to certain newspapers since October 1, 1917.-Hon. Mr. Burrell. A return giving the names of the officers employed on the staff in Military District No. 5, the salaries paid to them, services performed, etc.-Hon. Mr. Burrell.


DOMINION ELECTIONS ACT AMENDMENT.


Mr F. H. KEEFER (Port Arthur and Kenoral moved for leave to introduce Bill No. 68, to amend the Dominion Elections Act. He said: The object of the Bill is to enable labouring men on railways at the divisional points to have their votes registered on election day. In my own riding, where there are so many terminal railway points, a very large number of railway men are disfranchised because they have either to neglect their duty and lay off to vote, or proceed on duty without going to the polling place. The principle of the Bill is one, I am sure, that will commend itself to, and enlist the support of all the members of the House. I hope the Government will, if not during the present session, at *any rate during next ses51' ""pose a measure and press it through Parliament, which will enable the most representative class of Canadians: to have a voice in the election of members to this Parliament thoroughly workable. The Bill as I have framed it is more especially adapted to conditions in my own riding, and I am afraid it would not work in this part- of the country, where a railway man starts out and before his run finishes gets into another riding. This Bill simply provides for conditions in my awn riding where a man can cast his vote so that he will not be disfranchised. Motion agreed to, and Bill read the first time.


CRIMINAL CODE AMENDMENT.


Hon. C. J. DOHERTY (Minister of Justice) moved for leave to introduce Bill No. 69, to amend the Criminal Code. He said: The Bill propoises to amend certain sections of the Criminal Code. The first of these amending sections deals with offences against morals. It is proposed to amend section 211 of the Criminal Code as it now stands by making it a criminal offence to seduce or have illicit connection with any girl of previously chaste character, of or above the age of sixteen years and under the age of eighteen years. As the law at present stands this offence consists in having illicit intercourse with a girl over the age of fourteen years and under the age of sixteen. By the change the age of the girl against whom such an offence may be committed is raised. The section further provides that proof that a girl has had on a previous occasion illicit connections with the accused shall not be deemed to be proof that she wag not of previously chaste character; and by a subsection of the section it is provided that no male person under the age of 21 shall be prosecuted for an offence under its provisions. In view of the raising of the age of the young woman, it was considered that there should be some protection for the young man. The second provision of the Bill proposes to amend that section which now makes it an offence for certain classes of employers, or persons in authority, to have connection with young women, so as to extend it to all persons occupying the relation of employer,



or being in positions analogous to those presently dealt with.


L LIB
UNION

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

Unionist

Mr. DOHERTY:

There are ' different

classes of employment specified, hut the principal class are girls employed in factories, or workshops and business establishments of that kind. The proposed amendment extends the classification so as to cover any person occupying the position of employer of the girl whom he might be oharged with having seduced or having had illicit connection with.

The third section makes it a criminal offence to have illicit connection with, or carnally know any girl under the age of ten, and above the age of fourteen, not being his wife and where he (believes her to be above the age of sixteen years, Thi6 change, in effect, raising the age of consent from fourteen to sixteen, and making it an offence to carnally know any girl under fourteen years of age. To the several pei>

alties that are provided for that offence it is proposed to add a subsection making it an offence to carnally know any girl between the age of fourteen and sixteen, but subjecting the offender to a penalty not so severe as in a case where the girl is under fourteen years of age.

The next provision is to introduce a section to be known as 221A, making it a criminal offence for persons not being married to register as man and wife at hotels, lodging houses, boarding houses, or places of public resort. *

Another provision introduces into the Criminal Code, a section which has been enacted in. the Juvenile Delinquency Act of the province of Ontario, land has. been found to be exceedingly useful there.

The courts, however, have recently held that it was in substance legislation of the nature of criminal law, and the enactment as contained in the provincial legislation was, therefore, not effective. We have been asked to give effect to it by making it a section of the Criminal'Code, thus making it an offence to contribute by indulgence in sexual immorality, in habitual drunkenness. or in any other form of vice, to cause a child to be in danger of being or becoming immoral, dissolute or criminal, or to tend injuriously to affect the morals of a child or to render the home of a child an unfit place for such child to be in.

It provides a penalty not exceeding $500, or imprisonment not exceeding one year. It introduces bodily the provisions of the

Ontario law into the Criminal Code. There are definitions of what shall be a child for the purpose of the section, that is a boy or girl under the age of sixteen years. There is a further provision that it shall not be a defence that the child is of too tender years to understand or appreciate the nature of the act complained of or immediately affected thereby.

The next proposal is to amend Section 226 of the Criminal Code so as to make come within the definition of a common gaming house any place where the whoie or any portion of the stakes or bets or other proceeds at or from such games is either directly or indirectly paid to the person keeping such house, room or place. This is to meet ^n abu^e which is said to exist, or, at least, we have heard more complaint about it from the province of British Columbia.

The next proposal is to increase.the penalty presently imposed by section 285B of the Criminal Code for taking motor cars for the purpose simply of using them and then abandoning them for the purpose of what is generally called joy-riding. The present penalty is $50 or imprisonment not exceeding thirty days. It is represented that the offence is becoming exceedingly prevalent, and oftentimes considerable damage is done to the motor car, and it is suggested that the possibility of a heavier penalty would operate as a more effective deterrent.

The next two proposals are to amend sections 985 and 986 of the Criminal Code which provide what shall be prima facie evidence that a house is a gaming house. As the law stands at present it is provided that the presence in the house of instruments used in any unlawful game shall constitute prima facie evidence. It is proposed to substitute for the words " any unlawful game" the words "any game of chance or any mixed game of chance or skill." A similar amendment in section 986 substitutes for the words " unlawful gaming " in the eighth and ninth lines the words " playing any game of chance or any-mixed game of chance and skill."

Motion agreed to and Bill read the first time.

Topic:   CRIMINAL CODE AMENDMENT.
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THE WAR.

FRENCH CANADIAN BRIGADE.


On the Orders of the Day: Mr. DuTREMBLAY: I wish to ask if it is the intention of the Government to organize a French Canadian Brigade under the new Military Service Regulations.


April 29, 1918