June 20, 1925

LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

Not until be files bis nomination paper regularly signed by a sufficient number of people and deposits those papers

Elections Act

with the returning officer together with his deposit, as a candidate. Then when the lists are ready he is entitled to get them in advance of nomination day.

Topic:   DOMINION ELECTIONS ACT AMENDMENT
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PRO

Neil Haman McTaggart

Progressive

Mr. McTAGGART:

Does this provision

apply to all constituencies, rural and urban?

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LIB

Section agreed to. On section 11-Papers to be sent by registrar to revising officer.


PRO

George Gibson Coote

Progressive

Mr. COOTE:

I think the minister should

make some explanation of the clauses as we go along, and we might get through a little faster.

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LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

The explanation of the chief

electoral officer is on the opposite page.

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PRO

George Gibson Coote

Progressive

Mr. COOTE:

If we attempt to read small

print opposite a section, before we get through the chairman will have declared the section carried.

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LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

The explanation reads:

The proposed rule adopts two amendments suggested by the Chief Electoral Officer who, in his 1922 report, says as follows in explanation of one of them:-

"The index books prepared by urban registrars and transmitted by them under this Rule to the revising officer for revision are necessary in order to ensure against the omission of names from the final list of vcters by reason of the possible loss or destruction of individual -loose sheets, if the list was prepared on separate sheets. The index book, is, however, an exceedingly unsatisfactory form in which to have copy go to the printer, and it is suggested that urban registrars should be required to prepare and transmit to the revising officer with the index book an extra copy for use by the printer, the index book being always retained by the revising officer and used for the correction of the proof."

That is just simply to provide an extra copy to go to the printer.

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Section agreed to. Sections 12 and 13 agreed to. On section 14 Disposition of certain appeals to revising officer.


LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

This is to carry out a

suggestion quoted in the note to section 9 of the bill. Hon. gentlemen will find the explanation opposite section 9, as follows:

This is an amendment suggested by the Chief Electoral Officer with a view of overcoming one of the difficulties referred to in the quotation from his 1922 report in the note to section 5 of the billl. In that report lie says with regard to this amendment:-

''The only way in which it appears possible consistently with the proper protection of the voter to render easier the removail of the names of dead and disqualified voters from the preliminary lists for urban polling divisions is to create a new class of applications to the revising officer in which the onus of establishing qualification is placed upon the voter

concerned instead of upon the applicant. When the onus rests upon the applicant it is exceedingly difficult to discharge, and experience indicates that, except when, as has happened, the machinery is used with the apparently deliberate purpose of blocking the revision, it is almost never resorted to. At the same time, it is impossible to allow the onus to be generally placed upon the voter without any responsibility upon the applicant, since the inevitable effect of so doing would be to put into the power of unscrupulous partisans not only to make the revision of the lists in the time available an impossibility, but to impose upon all their political opponents and unjustifiable burden. Since, however, it is principally names upon the provincial lists that are in question, it seems possible to permit the registrar, on affidavit made during his sittings by a qualified voter in his registration district, to give to the voter objected to a notice requiring him to attend or be represented before the revising officer in order to support his right to vote. An amendment along these lines would involve the insertion in Schedule A to section 32 of a new rule as Rule (5a); the addition of appropriate words at the end of Rule (8); the insertion of a new clause in Rule (14) as clause (bb), and a slight change in clause (c) of that rule."

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CON

Hugh Alexander Stewart

Conservative (1867-1942)

Mr. STEWART (Leeds):

The word "shall" in clause 14 of the bill, the third line from the last, is the only word that might be open to objection. The clause reads:

His name shall be struck therefrom, whether or not the voter by whom the objection was made has appeared before the revising officer.

It makes it imperative upon the revising officer to remove the name. I would suggest that the word "may" might well be substituted.

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LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

The only evidence before the registrar is an affidavit that the man is disqualified or dead. I do not think it makes very much difference whether we have it "shall' or "may." If the man is dead, "shall" is the proper word, and if he is disqualified, "shall" is the proper word.

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CON

Hugh Alexander Stewart

Conservative (1867-1942)

Mr. STEWART (Leeds):

Does it apply

only to dead or absentees?

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LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

Or disqualified.

Mr. STEWART -(Leeds): The difficulty

is that these people may not appear. They are always reluctant to go up and appear, and the fact that they do not appear seems to entail the consequence of having their names struck from the lists.

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LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

I do not think the change

in the word would make any difference, but I have no objection if anybody thinks that is a better word.

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CON

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

Conservative (1867-1942)

Mr. BOYS:

Prior to what time have these appeals to be taken? To ascertain that, you have to go back to a clause that has been passed, but I think the matter is quite proper to be considered under clause 14. Under clause 9, rule (5a) is added to section 32, and it provides for an appeal. In my hurry, I

458S

Elections Act

cannot find anything which shows prior to what time that appeal may be taken.

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LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

That appeal is made to the

urban registrar before the completion of his list, whatever time that may be.

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CON

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

Conservative (1867-1942)

Mr. BOYS:

Where do we find that in the bill?

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?

Albert James Smith Copp

Mr. OOPP:

These appeals are limited to

applications made by affidavit before the urban registrar and they must be done before he completes his list.

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CON

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

Conservative (1867-1942)

Mr. BOYS:

This is a new provision entirely for having names removed at the instance of anyone 'who appears upon the list. What I cannot find is anything that states prior to what time a voter on the list has a right to make that appeal for the removal of somebody else's name.

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June 20, 1925