June 20, 1925

LIB
CON
LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

That was proposed in committee but not carried.

Topic:   DOMINION ELECTIONS ACT AMENDMENT
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CON

Hugh Alexander Stewart

Conservative (1867-1942)

Mr. STEWART (Leeds):

I think this is wide enough to cover the poll book.

Topic:   DOMINION ELECTIONS ACT AMENDMENT
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CON

Henry Lumley Drayton

Conservative (1867-1942)

Sir HENRY DRAYTON:

There is no

change in section 30.

Topic:   DOMINION ELECTIONS ACT AMENDMENT
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CON

Hugh Alexander Stewart

Conservative (1867-1942)

Mr. STEWART (Leeds):

I think there is a change in that section.

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LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

None of the books can be

examined by anybody without an order from the judge.

Topic:   DOMINION ELECTIONS ACT AMENDMENT
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CON

Hugh Alexander Stewart

Conservative (1867-1942)

Mr. STEWART (Leeds):

Will the Secretary of State tell us what documents may be inspected and what may not be inspected.

Topic:   DOMINION ELECTIONS ACT AMENDMENT
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LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

The explanation given by the electoral officer is this:

Section 75, subsection 2, provides that "no person shail be allowed to inspect on any election papers in the custody of the Chief Electoral Officer" except under the order of a judge, and "election papers" are-defined by section 2 (f) as induding "all. . . . documents sent by any returning officer to the Chief Electoral Officer. ... or any instructions issued by the Chief Electoral Officer or his Assistants." It seems entirely proper that polll books, ballots and other like papers should be available for inspection only under an order of a court or judge, but the same considerations do not, it is submitted, apply to any instructions sent by or on behalf of the Chief Electoral Officer to any election officer or other person, to reports or communications made by any election officer to the Chief Electoral Officer, or to any correspondence by or with the Chief Electoral Officer. Such papers are in the nature of the proceedings of a court and should be subject to search and examination to the same extent and in the same way as the documents on file in any court of record.

That would be without an order of the court or judge, but the poll book or other like papers, which would be in the hands of the chief electorial officer, cannot be examined without an order of the judge.

Mr. STE)\ ART (Leeds): I was under the impression that poll books might be examined.

I now find that is not the case, but a lot of other documents may be inspected, and it is just a question whether this is wise or not.

Elections Act

Topic:   DOMINION ELECTIONS ACT AMENDMENT
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PRO

John Wilfred Kennedy

Progressive

Mr. KENNEDY (Glengarry and Stormont) :

By this section we are allowing any

person to inspect these documents, to make extracts therefrom and to be entitled to receive certified copies thereof. While a candidate or his representative might be allowed to do that, I do not think it should be open to every person to do the same.

Topic:   DOMINION ELECTIONS ACT AMENDMENT
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LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

Any voter may be interested in the matter. It must be remembered that this refers only to making extracts from certain papers, and it is left in the judgment of the Chief Electoral Officer whether he should give him what he wants without the sanction of the court. If he has to have an order from the court, he has to make an affidavit and a petition.

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Section agreed to. On section 31-Disqualification for corrupt and illegal practices.


LAB
LIB

Arthur Bliss Copp (Secretary of State of Canada)

Liberal

Mr. COPP:

It was brought to the attention of parliament with regard to the case of a gentleman elected to this House who wa3 unseated for some corrupt practices or what were presumed to be so. In any case he was unseated and there was a question whether he was disqualified or not. This clause and clause 20, which refers to corrupt practices, provide that a man is not disqualified under the conditions that applied at that time.

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LAB

Joseph Tweed Shaw

Labour

Mr. SHAW:

I understand this subclause

(2) of clause 31 is for Mr. Johnson's benefit.

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LIB

Ernest Lapointe (Minister of Justice and Attorney General of Canada)

Liberal

Mr. LAPOINTE:

It will apply to any

similar case.

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CON

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

Conservative (1867-1942)

Mr. BOYS:

It makes provision for giving him a hearing.

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LIB

Ernest Lapointe (Minister of Justice and Attorney General of Canada)

Liberal

Mr. LAPOINTE:

And the court will have

to say, not only that he is guilty of something that under the act is an illegal practice, but *that he is disqualified as well.

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Section agreed to. Section 32 agreed to. On section 33-Correction of French version.


LIB

Pius Michaud

Liberal

Mr. MICHAUD:

I should like to draw

this matter to the attention of the minister and the Chief Electoral Officer. Proclamations are printed in the official languages of the country, which are French and English. The French proclamations are posted up in Quebec on account of the people there speaking and reading French. In the Maritime provinces we have many constituencies where the

electors are practically all French-speaking therefore, I would ask that when these proclamations are sent to French districts in the Maritime provinces, the French proclamation should be posted up with the English one, so that our people will understand what the proclamation means. During the last campaign I was compelled on several occasions to explain to our French-speaking electors what these proclamations printed in English meant.

Topic:   DOMINION ELECTIONS ACT AMENDMENT
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June 20, 1925