November 8, 1919

L LIB

David Arthur Lafortune

Laurier Liberal

Mr. LAFORTUNE:

Well, allow me to state that this is very irregular. It is unChristian.

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UNION

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

Unionist

Mr. DOHERTY:

I beg to amend .subclause A by striking out the words in line 48, " or. deliver, or cause to be delivered ". The reason for this amendment is that the clause would make legislation within the province itself, which the province can attend to. In subsection 2, which now be-

comes, as I have said, subsection 1, in lines 44 and 45, I move to strike out the words, " against the importation or bringing of intoxicating liquors into the said province So that it will read: " If the prohibition is declared to be in force

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UNION

Fred Langdon Davis

Unionist

Mr. DAVIS:

Again I must ask for a little information. I am not, as I fear some members are, anxious to go home and get this thing through with undue haste. I really want to understand what we are doing, but so far I have found it very difficult to follow the proceedings. It seems that we have not the proper Bill before us, or something is wrong; the numbering of the lines is evidently different in the copy I have.

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UNION

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

Unionist

Mr. DOHERTY:

I am proceeding, as I have to proceed, on the Bill as it was originally introduced.

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UNION

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

Unionist

Mr. DOHERTY:

For the convenience of the members, so that they would be able to grasp the effect of the amendments contemplated, I had printed and distributed a Bill showing the situation after amendment. If we were proceeding on that it would not be necessary to move these amendments, but I have to proceed upon the Bill as it was originally introduced, copies of which, I think, are available to all the members.

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UNION

Fred Langdon Davis

Unionist

Mr. DAVIS:

We were not provided with them.

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UNION

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

Unionist

Mr. DOHERTY:

It has been distributed since the Bill was introduced at the beginning of October.

On section 154, paragraph (a)-no importation, etc., allowed:

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UNION

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

Unionist

Mr. DOHERTY:

I beg to move to amend subclause (a) by striking out the words " or deliver or cause to be delivered in."

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Amendment agreed to. On subclause (b)-no sale or contract to sell liquor to be delivered in province:


UNION

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

Unionist

Mr. DOHERTY:

I move that subclause (b) be struck out and the following substituted for it:

No person shall, either directly or indirectly, manufacture or sell, or contract or agree to manufacture or sell, any intoxicating liquor to be unlawfully imported, sent, taken or transported into such .province.

The reason for changing that clause is that it dealt with the prohibition of sale within the province itself. That is dealt with by the provincial legislation and we do not

[iMr. Doherty. ]

desire to supersede or interfere with it. The proposed clause as moved makes it unlawful to sell for the purpose of the liquor being sent into another province. It will be unlawful to manufacture it for the purpose of sending it into a prohibition province.

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Amendment agreed to. On section 154, subclause 3-burden of proof on person accused:


UNION

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

Unionist

Mr. DOHERTY:

I beg to move that the clause be amended by striking out the words "or prohibitions" in lines 33 and 39.

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Amendment agreed to. [DOT]


UNION

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

Unionist

Mr. DOHERTY:

I beg to move to further amend the Bill by adding the following as section 156:

1.56. (1) Upon the receipt by the Secretary of State of a duly certified copy of a lesolution passed by the Legislative Assembly of any province (or, in the case of the Yukon Territory, of the council of the Yukon Territory) requesting that the prohibition in force in such province may he revoked, a poll shall he held and a vote taken to decide whether such prohibition shall be revoked or not, and the provisions of this part as to the proceeding to be taken for bringing the prohibition into force, and the provisions of Part 1, with respect to the revocation of an Order in Council bringing Part 2 of this Act into force, shall apply mutatis mutandis, and the proceedings shall be taken accordingly.

(2) No poll or voting, whether for bringing into force any prohibition or for the revocation of the same, shall he held or had within three years of any previous poll or voting held or had under the provisions of this Part.

It merely makes applicable for the repeal of any prohibition in this part of the Act the provisions already made for the repeal of prohibition under the existing part of the Act.

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LIB

William Lyon Mackenzie King (Leader of the Official Opposition)

Liberal

Mr. MACKENZIE KING:

Am I to understand that in so far as the amendment is concerned this is an Act for getting rid of prohibition?

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UNION

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

Unionist

Mr. DOHERTY:

It is an Act to provide for those who brought prohibition into force, because in their judgment it was desirable, the very reasonable right of putting an end to the operation of a law, which operation rested upon the expression of their will.

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UNION

Edward Guss Porter

Unionist

Mr. PORTER:

That may be done on the same class of vote as that which brought prohibition into force?

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UNION

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

Unionist

Mr. DOHERTY:

Yes.

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Section agreed to.


UNION

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

Unionist

Mr. DOHERTY:

I beg to move that the Bill be further amended by adding as sec-

tion 2 of the Bill, subsection 1, the following:

2. (1) When any Intoxicating: liquor is seized and brought before any judge of the sessions of the peace, recorder, police magistrate, stipendiary magistrate, two justices of the peace or any magistrate having the power or authority of two or more justices of the peace, in pursuance of the provisions of this Act, and the consignor or consignee or owner thereof or person entitled thereto or claiming the same cannot be ascertained, and if no person establishes a claim to the possession of such intoxicating liquor within a period of fifteen days after the seizure thereof as aforesaid, or within such extended time as the judge of the sessions of the peace, recorder, police magistrate, stipendiary magistrate, two justices of the peace or magistrate having the power or authority of two or more justices of the peace, may allow, or as may otherwise be allowed by any competent tribunal, then the judge of the sessions of the peace, recorder, police magistrate, stipendiary magistrate, two justices of the peace or magistrate having the power or authority of two or more justices of the peace who issued the warrant in execution of which such intoxicating liquor was seized, or, in the case of the death, absence or inability to act of such judge of the sessions of the peace recorder, police magistrate, stipendiary magistrate, two justices of the peace or magistrate having the power or authority of two or more justices of the peace, any other judge of the sessions of the peace, recorder, police magistrate, stipendiary magistrate, two justices of the peace or magistrate having the power or authority of two or more justices of the peace, may adjudge and declare such intoxicating liquor, together wfith all kegs, barrels, cases, boxes, bottles, packages, containers and other receptacles of any kind whatever found containing the same to be forfeited to the Crown.

This is precisely the same provision in regard to the disposition of liquor seized and for which an owner cannot be found that we made this afternoon in connection with Bill No. 27.

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November 8, 1919