March 30, 1927

UFA

Edward Joseph Garland

United Farmers of Alberta

Mr. GARLAND (Bow River):

Then why

not do away with the appeal to it?

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
LIB

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

Liberal

Mr. LAPOINTE:

It is a question for discussion and deliberation, but I would not like to say that I would favour doing away altogether with appeals to the Privy Council.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
UFA

Edward Joseph Garland

United Farmers of Alberta

Mr. GARLAND (Bow River):

The minister is getting very near it.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
LIB

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

Liberal

Mr. LAPOINTE:

I have a strong leaning.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
CON

Charles Hazlitt Cahan

Conservative (1867-1942)

Mr. CAHAN:

Sliding downhill very

rapidly.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
LIB

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

Liberal

Mr. LAPOINTE:

My hon. friend the

leader of the opposition, who expressed such fears about this matter touching the prerogative of the Privy Council, came into the parliament of Canada, I think, four years before I did. I have been here twenty-three years;

I think he has been in parliament twenty-six or twenty-seven years, and he sat here silent while a section was being enaeted in the statutes of Canada many years ago doing away with appeal to the Privy Council in

Imperial Conjerence-Mr. Lapointe

certain matters. My hon. friend sat absolutely silent. He did not think the privileges of the minority, or his privileges, were interfered with by that amendment.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
CON

Hugh Guthrie (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. GUTHRIE:

I said nothing about

minorities.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
LIB

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

Liberal

Mr. LAPOINTE:

Well, if so I am in the

judgment of the House. I am glad he is now seeing the error of his way.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
CON

Hugh Guthrie (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. GUTHRIE:

I said there was a constitutional safeguard to be found, and in regard to this safeguard I do not apply the same reasoning to criminal appeal.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
LIB

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

Liberal

Mr. LAPOINTE:

It is the same principle.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
CON

Hugh Guthrie (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. GUTHRIE:

No.no.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
LIB

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

Liberal

Mr. LAPOINTE:

If the prerogative does

not exist in regard to criminal appeal, why should it exist in other matters?

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
CON

Hugh Guthrie (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. GUTHRIE:

I said it did not matter

much with regard to Australia because the constitution of Australia was not the same as ours.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
LIB

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

Liberal

Mr. LAPOINTE:

It is not a question of right but of opportunity. We cannot do away with these appeals by enactment in this parliament. When the question is discussed of course my hon. friend may oppose the proposition.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
UFA

Edward Joseph Garland

United Farmers of Alberta

Mr. GARLAND (Bow River):

It was not a question of fear.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
LIB

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

Liberal

Mr. LAPOINTE:

It was a question of fear on the part of my hon. friend, but I am trying to allay his fears in that regard. Really I do not think that we are so linked up with that prerogative for the preservation of the rights of any section of people in Canada as my hon. friend would seem to believe. I cannot agree with my hon. friend, and I would have to go back one hundred years to meet him on any common ground in that respect and adjust my views to what 1 believe his idea to be. As far as the rights of Quebec are concerned, my hon. friend read a few lines from Keith in that regard. He is a great constitutional writer-none better- but when he says that in Quebec the opinion of the people is so-and-so he is talking about something he has read in some of the papers in Canada which do not represent Quebec and the views of Quebec. Let me tell him that, far from being frightened about Quebec, my right hon. friend the Prime Minister, and I have received telegrams in the last three weeks from St. Jean Baptiste Society, from L'Action Francais and from influential bodies

representing the French race-and I know the Premier of Quebec has received them also- asking to do away with the appeals to the Privy7 Council. Surely they have not the same fear as my hon. friend the leader of the opposition. I may say that perhaps the judgment in the Labrador case has had the effect of turning the minds of some people in that direction, but not with me. I said that I thought perhaps the Nadan judgment was according to law. I think that what must be done is to repeal the Colonial Laws Validity Act on which the judgment was based. In many parts of this country there has been an agitation on account of the judgment in the Nadan case. I do not say anything about the Labrador matter. I do not say that the judgment is perfect. I would have liked a different judgment myself, but after all the Labrador case was not an appeal to the Privy Council. It was not an ordinary case. Both Newfoundland and the Dominion of Canada found a troublesome question in regard to the boundary and agreed to submit it to the Privy Council, a sort of judicial tribunal and selected by both parties, and the losing party must accept the decision.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
CON

Richard Bedford Bennett

Conservative (1867-1942)

Mr. BENNETT:

It was not a court case. It was a submission to arbitration.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
?

Mr LAPOINTE:

So that that is not the feeling that animates me, but to alleviate the fears of my hon. friend with respect to Quebec I will tell him that the men in Quebec who represent really the aspirations of French-Canadians are applying to have the appeal to Privy Council done away with. On all these subjects no motion for ratification surely was necessary. The principle has been recognized as it was before, and if legislation is necessary after the expert committee has done its work, then such legislation would be submitted to this parliament.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
CON

Charles Hazlitt Cahan

Conservative (1867-1942)

Mr. CAHAN:

This parliament?

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink
LIB

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

Liberal

Mr. LAPOINTE:

Yes.

Topic:   IMPERIAL CONFERENCE
Subtopic:   DEBATE ON STATEMENT OF PRIME MINISTER AND AMENDMENT OF MR. GUTHRIE
Permalink

March 30, 1927