April 7, 1927

LIB

Lucien Cannon (Solicitor General of Canada)

Liberal

Mr. CANNON:

This is to re-insert in the Criminal Code section 138, which had been repealed.

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CON
LIB

Section agreed to. Section 3 agreed to.


LIB

Charles A. Stewart (Superintendent-General of Indian Affairs; Minister of Mines; Minister of the Interior)

Liberal

Mr. STEWART (Edmonton):

I beg to

move that the clause which I am about to read be added to the amendments to the Criminal Code submitted by the Solicitor General:

1. Subparagraph (iv) of paragraph (a) of section one thousand one hundred and forty of the Criminal Code, chapter one hundred and forty-six of the revised statutes of Canada, 1906, as enacted by section twenty of chapter twenty-five of the statutes of 1921, is hereby repealed.

2. Any one who commits or has at any time heretofore committed any offence relating to or arising out of the location of land which was paid for on whole or in part by scrip or was granted upon certificates issued to half-breeds in connection with the extinguishment of Indian title, shall, with respect thereto, bo liable to prosecution or to an action for penalties or forfeiture in the same manner and to the same extent as if said subparagraph (iv) had never been enacted.

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CON

Hugh Guthrie (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. GUTHRIE:

I rise to a point of order. The amendment moved by the Minister of the Interior is really Bill No. 146, to amend the Criminal Code (scrip frauds), which has been standing on the order paper since March 14 as a private bill, in the name of a member of this House.

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LIB
CON

Hugh Guthrie (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. GUTHRIE:

A public bill moved by a private member. As long as it remains on the order paper, it cannot be taken up by way of amendment or discussed. I raise that point of order.

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LIB

John Frederick Johnston (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The CHAIRMAN:

Does any hon. gentleman wish to speak to the point of order?

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LIB

Lucien Cannon (Solicitor General of Canada)

Liberal

Mr. CANNON:

If my hon. friend presses

the point, I think it is well taken.

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CON

Henry Herbert Stevens

Conservative (1867-1942)

Mr. STEVENS:

It is obvious that this

amendment cannot be moved. Bill 146 appears on page 12 of the order paper as order No. 31.

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LIB

John Frederick Johnston (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The CHAIRMAN:

Does the minister who moved the amendment wish to speak to the point of order?

Immigration Act-Mr. Bennett

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LIB

Charles A. Stewart (Superintendent-General of Indian Affairs; Minister of Mines; Minister of the Interior)

Liberal

Mr. STEWART (Edmonton):

All I have

to say is that there is a strong probability that Bill No. 146 will not be reached. A similar bill has at least on two occasions been passed by this House.

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CON

Hugh Guthrie (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. GUTHRIE:

There is a point of order.

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LIB

Charles A. Stewart (Superintendent-General of Indian Affairs; Minister of Mines; Minister of the Interior)

Liberal

Mr. STEWART (Edmonton):

I am not

going to argue the point of order raised by my hon. friend, except to say this: Of course we could have the hon. gentleman drop his bill and then move it as an amendment. I do not want to take that procedure, leaving the amendments to the Criminal Code standing in the meantime. I can scarcely understand my hon. friend's objection to this,, inasmuch as parliament on two previous occasions has passed this bill. I admit it has been thrown out by the Senate. I know I cannot press this amendment if my hon. friend insists on his point of order. Of course he must assume the responsibility for blocking this legislation.

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CON

Hugh Guthrie (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. GUTHRIE:

I understand that.

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LIB

John Frederick Johnston (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The CHAIRMAN:

This is rather an intricate point of order, and I think I shall have to ask for a little time to consider it before giving a ruling.

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CON

Richard Bedford Bennett

Conservative (1867-1942)

Mr. BENNETT:

The Solicitor General has stated that the point of order is well taken. It is the same point of order as was taken last year on the question of natural resources.

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LIB

John Frederick Johnston (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The CHAIRMAN:

In Beauchesne's Parliamentary Rules and Forms, section 423, under rule 42, states:

A motion must not anticipate a matter already appointed for consideration by the House, such as the subject matter of a bill on the order paper.

In accordance with that role, I would , rule that the amendment moved by the Minister of the Interior is out of order.

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LIB

Charles A. Stewart (Superintendent-General of Indian Affairs; Minister of Mines; Minister of the Interior)

Liberal

Mr. STEWART (Edmonton):

If my hon.

friends insist on their point of order, I quite realize that my amendment is out of order. This is a very important matter to some of my constituents, and I had hoped that the point of order would not be raised, particularly in view of the fact that in all probability Bill 146 will not reach a stage where the consideration of this House can be given to it.

Bill reported, read the third time and passed.

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April 7, 1927