June 2, 1921

NAT L

Hon. Mr. McCURDY: (Minister of Public Works)

Nationalist Liberal

1. $64,982.78.

2. Preparing plans for foundations of the Customs-Examining Warehouse, Montreal, and building foundation for the Customs Building at Ottawa.

Topic:   QUESTIONS
Subtopic:   FOUNDATION COMPANY OF MONTREAL
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BRITISH REMOUNT COMMISSION

L LIB

Mr. JACOBS:

Laurier Liberal

1. Did the British Remount Commission

establish depots in Canada during the war? If so, where?

2. How many horses were shipped from Canada by the commission during the war?

3. How many horses were actually purchased in Canada by the said commission?

Topic:   QUESTIONS
Subtopic:   BRITISH REMOUNT COMMISSION
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UNION

Hugh Guthrie (Solicitor General of Canada; Minister of Militia and Defence)

Unionist

Hon. Mr. GUTHRIE:

1, 2 & 3. The information asked for is not available at Militia Headquarters, as all horses were purchased for the Imperial Government by the British Remount Commission, Montreal.

SINKING OF THE ESPERANTO On the Orders of the Day:

Topic:   QUESTIONS
Subtopic:   BRITISH REMOUNT COMMISSION
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L LIB

William Duff

Laurier Liberal

Mr. WILLIAM DUFF (Lunenburg):

I would like to ask the Minister of Marine and Fisheries if he has been apprised of the fact that the fishing schooner "Esperanto", which had on board many Nova Scotia fishermen, has foundered off the island of Cape Sable, and if any steps are being taken by the department to see that the submerged rock which the vessel struck, as well as the wreck of the Esperanto itself, which now constitutes a menace to navigation in the case of vessels which pass Sable island during the summer time, will be removed? I would also like to ask the minister if his attention has been called to the fact that the captain of the Esperanto, after being landed at Halifax, complained that although the wreck occurred in broad daylight no attempt was made by the crew of the life saving station to render aid to the distressed fishermen whilst they were in their boat?

Topic:   QUESTIONS
Subtopic:   BRITISH REMOUNT COMMISSION
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UNION

Charles Colquhoun Ballantyne (Minister of Marine and Fisheries; Minister of the Naval Service)

Unionist

Hon. C. C. BALLANTYNE (Minister of Marine and Fisheries) :

The matter

which the hon. member has brought to my notice is already receiving the careful attention of the department. As to the complaint regarding the life saving station I will look into it and let my hon. friend know to-morrow.

Topic:   QUESTIONS
Subtopic:   BRITISH REMOUNT COMMISSION
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SALMON FISHING LICENSES


On the Orders of the Day:


L LIB

Rodolphe Lemieux

Laurier Liberal

Hon. RODOLPHE LEMIEUX (Maison-neuve-Gaspe) :

Earlier in the session I

drew the attention of the Minister of Marine and Fisheries to the conflict of jurisdiction, as to their respective interests, which exists between the Dominion Department of Fsheries and the Quebec Department of Colonization and Fisheries, as regards the application of the law concerning the issuance of licenses to fish in the river St. Lawrence, and in the various streams which empty into the river, where there is salmon. I understand that my hon.

friend is acting according to what he understands to be the law under the recent judgment of the Privy Council in the matter. However, the province of Quebec under an Order in Council passed recently, have also decided to issue licenses. They claim that the judgment does not apply within certain limits in the rivers referred to, and the result is that as the Provincial Government continue to issue licenses and on the other hand my hon. friend has enacted new regulations, there is at present a conflict of authority. The license holders are therefore "between the devil and the deep sea",-and my hon. friend (Mr. Ballantyne) represents the first element. I would like to know from the minister if it would not be possible-pending an arrangement between the Federal and the Provincial Governments-to have the old regulations stand, and then by a conference during the recess to endeavour to adjust the matter. It is in order to avoid conflict and trouble that I make this suggestion.

Topic:   QUESTIONS
Subtopic:   SALMON FISHING LICENSES
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UNION

Charles Colquhoun Ballantyne (Minister of Marine and Fisheries; Minister of the Naval Service)

Unionist

Hon. C. C. BALLANTYNE (Minister of Marine and Fisheries) :

I have nothing

to add, in reply to my hon. friend, to what I stated on a former occasion when the matter was brought to my attention. The decision of the Privy Council is quite clear, so I am informed by the Department of Justice, and the fishery rights in all navigable streams leading from the sea are now vested in the Federal authority. There is no doubt about that. If our friends the Provincial Government think otherwise, of course we cannot prevent them from holding any opinions they may see fit; but no one will be allowed to fish in these navigable streams leading from the sea unless they have a license from the Department of Marine and Fisheries, Ottawa. A large number of licenses have already been issued, and ! have not heard, as yet, of any trouble. If any man is foolish enough to take out a license from the Provincial Government and pay for it that is his own business; but he will not be allowed to fish in those streams unless he has a license from the Federal Department of Marine and Fisheries.

Topic:   QUESTIONS
Subtopic:   SALMON FISHING LICENSES
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CRIMINAL CODE AMENDMENT BILL


SENATE AMENDMENTS Right Hon. C. J. DOHERTY (Minister of Justice) moved that amendments made by the Senate to Bill No. 138 to amend the Criminal Code be concurred in.


L LIB
UNION

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

Unionist

Mr. DOHERTY:

Mr. Speaker, I am not quite sure that this Order should not read: "Consideration of the remnants of the Bill left by the Senate." Their honours have introduced a number of amendments, consisting for the most part in striking out of sections of the Bill. On the principle that we want to save the remnants, I find myself under the necessity of moving to concur in these amendments, hoping that in future we may be able to have accepted the excellent legislation passed by this House but which now disappears by reason of these amendments.

The first amendment consists in striking out section 1 of the Bill. That section struck out a proviso which the Senate last year had appended to the law with regard to the seduction of girls between sixteen and eighteen years of age, that in such cases the judge would be at liberty to instruct the jury whether there was equal or greater fault on the part of the girl, and if so the man might be acquitted. That proviso, therefore, remains notwithstanding our effort to have it disappear.

The next amendment is to section 2, but it is a purely verbal modification with which I need not detain the House. It does not alter the substance of our enactment at all.

Section 5 of the Bill raised the age in cases of indecent assault in which the consent of the victim should not furnish a defence. The Senate in its wisdom has seen proper to strike that section out. I think that is to be regretted, because it makes our law inconsistent with recent amendments in regard to illicit connection.

The next amendment is the striking out of section 7. By that section this House struck out from section 301 of the Criminal Code the words "of previous chaste character" in relation to the offence of carnally knowing girls between fourteen and sixteen years of age. This requirement, that in order to constitute the offence the girl should have been of previous chaste character was inserted last year by the Senate. This House sought by the present Bill to strike out the words, but the Senate has restored them.

Topic:   CRIMINAL CODE AMENDMENT BILL
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L LIB

Jacques Bureau

Laurier Liberal

Mr. BUREAU:

That is, their own section which they put in last year we struck out by this Bill.

Topic:   CRIMINAL CODE AMENDMENT BILL
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UNION

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

Unionist

Mr. DOHERTY:

Yes.

Topic:   CRIMINAL CODE AMENDMENT BILL
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L LIB
UNION

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

Unionist

Mr. DOHERTY:

We hope in time that their honours will come to realize the wisdom of this amendment of ours.

Topic:   CRIMINAL CODE AMENDMENT BILL
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L LIB
L LIB

June 2, 1921