April 20, 1923


Sir LOMER GOUIN (Minister of Justice) moved the second reading of Bill No. 109, (from the Senate), to amend the Criminal Code with respect to publication of evidence in marriage or divorce proceedings. Motion agreed to, bill read the second time, and the House went into committee thereon, Mr. Gordon in the chair. On section 1-Reports of proceedings in parliament; exception as to evidence in matters of marriage or divorce.


LIB

Lomer Gouin (Minister of Justice and Attorney General of Canada)

Liberal

Sir LOMER GOUIN:

Section 322 of the Criminal Code explains the amendment which is proposed. It reads:

No one commits an offence by publishing in good faith for the information of the public, a fair report of the proceedings of the Senate or House of Commons, or any committee thereof, or of any council or assembly aforesaid, or any committee thereof, or of the public proceedings preliminary or final heard before any court exercising judicial authority, nor by publishing in good faith, any fair comment upon any such proceedings. .

Topic:   CRIMINAL CODE AMENDMENT
Subtopic:   EVIDENCE IN MARRIAGE AND DIVORCE PROCEEDINGS
Permalink
CON

William Alves Boys (Whip of the Conservative Party (1867-1942))

Conservative (1867-1942)

Mr. BOYS:

While I approve of this legislation I ask the minister does he think very much is going to be gained by it in view of the fact that there are 450 copies of the evidence given before the divorce committee of the Senate which are printed and distributed for the information of members but which fall into the hands of many other people? If there is an earnest desire to stop the publication of this kind of evidence I think the minister should go further and find some way of restricting the method of distribution now in vogue in this House.

Topic:   CRIMINAL CODE AMENDMENT
Subtopic:   EVIDENCE IN MARRIAGE AND DIVORCE PROCEEDINGS
Permalink
LIB

Lomer Gouin (Minister of Justice and Attorney General of Canada)

Liberal

Sir LOMER GOUIN:

What my hon. friend says is possibly true but I would point out that this bill originated in the Senate. It may be advisable, as the hon. member suggests that no publicity of any kind should be allowed. However, what is proposed heie is a beginning and is something better than is in force to-day.

Topic:   CRIMINAL CODE AMENDMENT
Subtopic:   EVIDENCE IN MARRIAGE AND DIVORCE PROCEEDINGS
Permalink
CON

William Alves Boys (Whip of the Conservative Party (1867-1942))

Conservative (1867-1942)

Mr. BOYS:

I cannot say that I would go so far as to provide that there should be no publication of evidence at all in relation to these cases. It would be impossible for the

Cold Storage Act

members of the private bills committee, who have from time to time to deal with divorce cases, to do so intelligently without the evidence before them; but there might be a provision that the distribution should be restricted to members of the committee, except in case of a division in the House, or something of that kind.

Topic:   CRIMINAL CODE AMENDMENT
Subtopic:   EVIDENCE IN MARRIAGE AND DIVORCE PROCEEDINGS
Permalink
LIB

Lomer Gouin (Minister of Justice and Attorney General of Canada)

Liberal

Sir LOMER GOUIN:

This bill provides for restriction.

Topic:   CRIMINAL CODE AMENDMENT
Subtopic:   EVIDENCE IN MARRIAGE AND DIVORCE PROCEEDINGS
Permalink
CON

William Alves Boys (Whip of the Conservative Party (1867-1942))

Conservative (1867-1942)

Mr. BOYS:

1 hat is publication in the newspapers. As a matter of fact, so far as my knowledge goes I have never seen very much publication in the newspapers. I believe that if any injury is done it occurs through the publication of about 450 copies of the petition, the evidence, and the various proceedings before the divorce committee; it is through the distribution of those proceedings that the damage is done. Therefore I would like the minister to take that into his consideration and see if something cannot be done to lessen the very undesirable publicity that is now given to such matters.

Topic:   CRIMINAL CODE AMENDMENT
Subtopic:   EVIDENCE IN MARRIAGE AND DIVORCE PROCEEDINGS
Permalink
LIB

Lomer Gouin (Minister of Justice and Attorney General of Canada)

Liberal

Sir LOMER GOUIN:

I have no objection to study the question, but I think the House should allow this bill to pass.

On section 2.-Repealed.

Topic:   CRIMINAL CODE AMENDMENT
Subtopic:   EVIDENCE IN MARRIAGE AND DIVORCE PROCEEDINGS
Permalink
LIB

Georges Parent

Liberal

Mr. PARENT:

May I ask the minister what the proposed contract in regard to cold storage warehouses consists of?

Topic:   CRIMINAL CODE AMENDMENT
Subtopic:   EVIDENCE IN MARRIAGE AND DIVORCE PROCEEDINGS
Permalink
LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

The form of contract is m the old act, it is rather a long document. As soon as the preliminary arrangements are made this contract is entered into.

Topic:   CRIMINAL CODE AMENDMENT
Subtopic:   EVIDENCE IN MARRIAGE AND DIVORCE PROCEEDINGS
Permalink
LIB

Georges Parent

Liberal

Mr. PARENT:

Do I understand that this measure is restricted to co-operative societies?

Topic:   CRIMINAL CODE AMENDMENT
Subtopic:   EVIDENCE IN MARRIAGE AND DIVORCE PROCEEDINGS
Permalink
LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

No.

Topic:   CRIMINAL CODE AMENDMENT
Subtopic:   EVIDENCE IN MARRIAGE AND DIVORCE PROCEEDINGS
Permalink
LIB

Section agreed to. Bill reported, read the third time, and passed.


COLD STORAGE ACT AMENDMENT BILL


House in committee on Bill No. 9, to amend the Cold Storage Act, Mr. Gordon in the chair. fMr. Boys.]


CON

James Dew Chaplin

Conservative (1867-1942)

Mr. CHAPLIN:

Will an ordinary business association operating under the Limited Liability Act, be able to avail themselves of this provision?

Topic:   COLD STORAGE ACT AMENDMENT BILL
Permalink
LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Ir. MOTHERWELL:

That will depend in some measure on the object of the association. if the primary purpose is making profits, and it is tantamount to a profit institution, then the bill is not meant to apply to ft, because it would then be in the same' nature as it was at the oiftset. The former government changed the act so as to limit its application to municipal cold storages, but we are extending it to co-operative institutions and the vote m the estimates provides accordingly There is only $50,000 in the estimates for the construction of cold storage plants, and if we opened it to such institutions as described by my hon. friend, one plant would gobble up the whole of the appropriation. For the present oui intention is not to make it apply to institutions described by my hon. friend, unless their primary object is to give service rather than to make profits.

Topic:   COLD STORAGE ACT AMENDMENT BILL
Permalink
CON

James Dew Chaplin

Conservative (1867-1942)

Mr. CHAPLIN:

If according to the ministers statement he has only provided $50,000 and one private corporation could gobble'up the whole of it, it stands to reason that one association such as he speaks of could gobble up the whole of it.

('old, Storage Act

Topic:   COLD STORAGE ACT AMENDMENT BILL
Permalink
LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

No, the hon. member is mistaken. These are institutions of a smaller nature. This $50,000 would take care of several of them.

Topic:   COLD STORAGE ACT AMENDMENT BILL
Permalink

April 20, 1923