May 31, 1926

BUSINESS OF THE HOUSE

WEDNESDAY AND EARLY SITTINGS

LIB

William Lyon Mackenzie King (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Liberal

Right Hon. W. L. MACKENZIE KING (Prime Minister):

Mr. Speaker, the House

will have noticed that I have on the order paper a motion, to come up to-morrow, that when the House adjourns on Wednesday the second of June, 1926, it stand adjourned until Friday the fourth of June, 1926. That is to permit of an adjournment over the King's birthday. I believe that the members generally are anxious that we should lose as little time as possible in bringing the work of the session to an end.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   WEDNESDAY AND EARLY SITTINGS
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CON

Robert James Manion

Conservative (1867-1942)

Mr. MANION:

Hear, hear.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   WEDNESDAY AND EARLY SITTINGS
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LIB

William Lyon Mackenzie King (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Liberal

Mr. MACKENZIE KING:

I would ask

therefore, with the leave of the House to propose the following two motions. If there is any exception taken to their being proceeded with a't this stage, I will let them stand until to-morrow. The first motion will be, seeing that we adjourn for Thursday: that the

House sit on Wednesday night of this week and all subsequent Wednesdays. The other motion is that on and after Monday next to the end of the session the House sit at two o'clock in the afternoon instead of at three o'clock.

I will read the first motion:

That on Wednesday, second of June, 1926, and subsequent Wednesdays to the end of the session, the sittings of the House shall in every respect be under the same rules as provided for other days.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   WEDNESDAY AND EARLY SITTINGS
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Right Hon. ARTHUR MEIGHEN (Leader of the Opposition):

I would ask that the

motion stand until to-morrow.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   WEDNESDAY AND EARLY SITTINGS
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LIB

William Lyon Mackenzie King (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Liberal

Mr. MACKENZIE KING:

And also the following, I presume:

That on and after Monday, the seventh of June, 1926, until the end of the present session the House shall meet at two o'clock in the afternoon of each sitting day.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   WEDNESDAY AND EARLY SITTINGS
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

I will also ask that that motion stand until to-morrow.

Criminal Code Amendment

Topic:   BUSINESS OF THE HOUSE
Subtopic:   WEDNESDAY AND EARLY SITTINGS
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CANADIAN RED CROSS SOCIETY ACT AMENDMENT


Hon. E. M. MACDONALD (Minister of National Defence) moved for leave to introduce Bill No. 151, to amend the Canadian Red Cross Society Act. He said: This bill is introduced, Mr. Speaker, at the request of The Canadian Red Cross Society, which operates under chapter 68 of the statutes of 1909, and the amending act, chapter 13 of the statutes of 1922. The society does not possess legal authority to dispose of any property which it holds, and particularly is not competent to give another party legal title thereto. It is given authority to purchase and hold certain property for the purposes of the society. During the war a number of properties which the society obtained throughout the country increased, and now they are being exchanged or disposed of in the interests of the society. It is proposed under this bill to give the society the power to deal with those properties.


CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

Is it not really private

legislation?

Topic:   CANADIAN RED CROSS SOCIETY ACT AMENDMENT
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CON

Finlay MacDonald

Conservative (1867-1942)

Mr. MACDONALD (Antigonish):

Yes, but the Red Cross Society asked the government to introduce it.

Motion agreed to and bill read the first time.

Topic:   CANADIAN RED CROSS SOCIETY ACT AMENDMENT
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OPIUM AND NARCOTIC DRUG ACT AMENDMENT


Hon. J. C. ELLIOTT (Minister of Health) moved for leave to introduce Bill No. 152, to amend the Opium and Narcotic Drug Act, 1923. He said: Mr. Speaker, this bill covers an amendment to section 5 of the act to require that where a retail druggist sells narcotics to a physician, veterinary surgeon, dentist or druggist he must have an order in writing. The object is to check up a little more closely the sale of narcotics by druggists. The other clauses, with the exception of the last, are to make the act conform to certain divisions made last session when subsection (d) was divided into (d) and (f). In referring to that subsection later in the act subsection (f) was omitted. That is purely formal. The last clause consists of adding the word "prescribe" to bring prescribing within the meaning of the act, some question having arisen as to this. Motion agreed to and bill read the first time.


CRIMINAL CODE AMENDMENT


Hon. ERNEST LAPOINTE (Minister of Justice) moved for leave to introduce Bill No. 153 to amend the Criminal Code. He said: The first amendment proposes to repeal sections 97A and 97B of the Criminal Code as enacted in 1919 concerning unlawful association. There is also an amendment which has passed this House many times and been thrown out by the Senate-respecting offences against girls. We propose to delete the words "of previous chaste character", and in this form we think the amendment will meet with a better fate. Another amendment is to restore to the crown the right of appeal which involves questions of law alone. This existed prior to criminal appeals being established three years ago, which gave to the convicted person the right of appeal under such circumstances, but took it away from the crown which had had it previously. That bill originated in the Senate. The last amendment is the bill which was introduced by the hon. member for Peace River (Mr. Kennedy) regarding scrip issued to half breeds. The House adopted his bill last year and the year before but it was rejected by the Senate. The hon. member has introduced it this year, and in order to give the bill a chance to come before the House I have taken the responsibility for it and inserted it in my own bill.


CON

John Arthur Clark

Conservative (1867-1942)

Mr. CLARK:

With regard to the right of appeal may I draw to the attention of the Minister of Justice (Mr. Lapointe) the provisions of section 1014 of the Criminal Code.

On the 'hearing of any such appeal against conviction the court of appeal shall allow the appeal if it is of opinion-(a) that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence.

Under that section there is the right to allow an appeal on a question of fact if the verdict of the jury is found to be against the weight of evidence. But the great majority of criminal trials are speedy trials before 'a judge alone, and under that subsection there is no right to disturb the decision of a judge on a question of fact. Under subsection (c) there is the right, however, to allow an appeal on the ground that there has been a miscarriage of justice. This section was copied from the act in England, where all trials are by jury, I understand, and in England it has been the custom to

Senate Bills

confine the application of subsection (c) to jury misconduct or some error in trial procedure. I understand the judges of appeal have found it very embarrassing to interfere with the decisions of trial judges on questions of fact where the trial has been held without a jury. This has been brought to my attention by a justice of the appellate division of Ontario, and he strongly suggests that the amendment be made to section 1014. If I may refer the minister to the proposed amendment, section (a) would read as follows:

That the verdict of the jury or the judgment of the trial court. . . .

The words "or the judgment of the trial court" are added.

Mr.^ LAPOINTE: I will read my hon. friend s remarks in Hansard to-morrow and give careful attention to his suggestion.

Topic:   CRIMINAL CODE AMENDMENT
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

Would the minister explain more fully what the two clauses are which are being repealed? He stated that they were clauses against unlawful associations, and I cannot recall just now what their provisions were.

Topic:   CRIMINAL CODE AMENDMENT
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LIB

Ernest Lapointe (Secretary of State of Canada; Minister of Justice and Attorney General of Canada)

Liberal

Mr. LAPOINTE:

I suppose this would come more properly when the second reading of the bill is moved. As my hon. friend well remembers, these two sections were inserted in 1919, some time after the labour disturbances in western Canada. They give the right on the warrant of a justice of the peace to search the papers of a citizen who is supposed to be a member of an association which would come under that section, and anyone attending meetings of such an association would be guilty of the crime of sedition. These were new clauses inserted in the code at the time of the unrest in this country, and that was the reason given for their adoption. All the labour unions of Canada have protested against these sections, believing that they might be construed as dangerous to themselves. However, I will give a fuller explanation when the second reading is moved.

Motion agreed to and bill read the first time. [DOT]

Topic:   CRIMINAL CODE AMENDMENT
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SENATE BILLS FIRST AND SECOND READINGS

May 31, 1926