June 18, 1935

CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

The chief justice, without hearing any evidence whatever, ordered the names of Mrs. Charles Preston and her son, Austin Preston, re-entered on the list of electors for poll No. 31 in the electoral district of St. Lawrence-St. George. In view of the suggestion which has been made, I am refraining from comments.

Mr. and Mrs. Frank Wilson formerly resided at No. 1446 Crescent street, in polling division No. 31 of the electoral district of St. Lawrence-St. George. An investigator visited this residence and ascertained from a Miss Mallinson that Mr. and Mrs. Wilson had removed on November 22, 1634, to another residence at 1866 Dorchester street west, which is outside the electoral district of St. Lawrence-St. George. Thereupon Mr. and Mrs. Wilson were both interviewed by the investigator at their new residence in another electoral district, and each of them signed a declaration in writing, in the presence of the investigator and another witness, that since November 22, 1934, they had resided and now reside at 1866 Dorchester street west, which is in another constituency. The investigator gave evidence on oath accordingly before the registrar, who called for rebuttal evidence, and, none being forthcoming, the registrar struck the names of Mr. and Mrs. Frank Wilson from the list of electors for polling division No. 31. The chief justice in like manner, without hearing further evidence, ordered the names of both Mr. and Mrs. Wilson re-entered on the list of electors for polling division No. 31, in the electoral district of St. Lawrence-St. George.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
LIB

James Layton Ralston

Liberal

Mr. RALSTON:

The minister said "The chief justice, without hearing further evidence"; was further evidence tendered?

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

No, none. What happened was-

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
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LIB

James Layton Ralston

Liberal

Mr. RALSTON:

It seems to me that is a comment which reflects directly upon the judge and is not justified.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

I am stating the facts.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
LIB

James Layton Ralston

Liberal

Mr. RALSTON:

My hon. friend is suggesting, by saying that no further evidence was heard, that the evidence was tendered and not received.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

No, no further evidence was tendered.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
LIB

James Layton Ralston

Liberal

Mr. RALSTON:

The minister did not say that.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

Perhaps not but I thought I was saying it.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
LIB

James Layton Ralston

Liberal

Mr. RALSTON:

He said: The chief justice, without hearing further evidence-

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

Without hearing further

evidence.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
LIB

James Layton Ralston

Liberal

Mr. RALSTON:

That means notwithstanding.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

Notwithstanding?

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
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LIB

Louis Édouard Fernand Rinfret

Liberal

Mr. RINFRET:

It suggested that he gave his decision without hearing the evidence.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
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CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

No, no. What the chief justice has said is that in each of these cases the lack of qualification or lack of residence must be proved with all the particularity required in a criminal or civil case.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
LIB

Charles Gavan Power

Liberal

Mr. POWER:

He has decided in each of these cases that these persons will not be disfranchised under the Franchise Act.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

They should be disfranchised in the constituency of St. Lawrence-St. George anyway. This is a new electoral list. The chief justice ordered the names of both Mr. and Mrs Wilson reentered on the list of electors for polling division No. 31 in the electoral district of St. Lawrence-St. George, in which they have not resided since November 22 of last year.

There is another case. Doctor J. R. Malone, who is well known, formerly resided at No. 1436 Crescent street in polling division No. 31 in the electoral district of St. Lawrence-St. George. An investigator, upon visiting this residence, ascertained from Mrs. Berri, the landlady, that Doctor Malone had removed to Gatineau street. The investigator found Doctor Malone at his new residence, No. 5381 Gatineau street, in another electoral district, and the doctor, in the presence of the investigator and another witness, declared in writing that on October 15, 1934, he had moved from his former residence to his new residence, which is in another constituency outside the electoral district of St. Lawrence-St. George. The investigator gave evidence on oath before the registrar, who declared that a prima facie case had been made for the removal of this name from the list of electors for poll No. 31 in St. Lawrence-St. George, and then, in the absence of rebuttal evidence, struck Doctor Malone's name from that list.

Franchise Act-Mr. Cahan

When the matter came before the chief justice no further rebuttal evidence was submitted with respect to Doctor Malone and no further evidence was heard, and the chief justice ordered Doctor Malone's name reentered on the list of electors for polling division No. 31 in the electoral district St. Lawrence-St. George, in which he has not resided since October 15, 1934.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
LIB

Joseph-Alexandre Mercier

Liberal

Mr. MERCIER (Laurier-Outremont):

Did the chief justice mention Doctor Malone's name specifically in his judgment?

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

In all the cases in which appeals have been made he ordered that the names as they were before him be entered on the list.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink
LIB

Paul Mercier

Liberal

Mr. MERCIER (St. Henri):

On the general principles of evidence.

Topic:   DOMINION FRANCHISE ACT
Subtopic:   EVIDENCE IN APPEAL TO JUDGE FROM RULING OP REGISTRAR OP ELECTORS
Permalink

June 18, 1935