March 4, 1938


On the orders of the day:


LIB

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

Liberal

Right Hon. ERNEST LAPOINTE (Minister of Justice):

Mr. Speaker, at the request of some hon. members I desire to lay on the table of the house six copies of the answers of the Supreme Court of Canada to certain questions, by way of reference by the governor in council of certain Alberta matters, and the reasons for such answers. The questions and answers are as follows:

Question. Is power of disallowance a still subsisting power?

Answer: Yes.

Question. Is power, if subsisting, subject to any restriction, and, if so, what is nature of restriction?

Answer: No.

Question: Is Bill No. 1, entitled an Act Respecting the Taxation of Banks, intra vires?

Answer: No.

Question: Is Bill No. 8, entitled an Act to Amend and Consolidate the Credit of Alberta Regulation Act, intra vires?

Answer: No.

Coronation Oath

Question: Is Bill No. 9, entitled An Act to Ensure the Publication of Accurate News and Information, intra vires?

Answer: No.

Question: Is power of reservation a still subsisting power?

Answer: Yes.

Question: Is power, if subsisting, subject to any restrictions, and, if so, what is the nature of restrictions?

Answer: No.

The court stated that the only restrictions on disallowance or reservation were the statutory restrictions contained in the British North America Act, and the limitations on the power of the lieutenant-governor contained in his instructions.

The opinion on every one of the references is unanimous.

Topic:   VALIDITY OF ALBERTA STATUTES
Subtopic:   POWERS OF DISALLOWANCE AND RESERVATION- ANSWERS OF SUPREME COURT TO CERTAIN QUESTIONS REFERRED BY GOVERNOR IN COUNCIL
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CCF

Angus MacInnis

Co-operative Commonwealth Federation (C.C.F.)

Mr. ANGUS MacINNIS (Vancouver East):

Mr. Speaker, I should like to ask the Minister of Justice, in view of the great interest taken throughout the country in the decisions handed down, if the text will be printed for distribution?

Topic:   VALIDITY OF ALBERTA STATUTES
Subtopic:   POWERS OF DISALLOWANCE AND RESERVATION- ANSWERS OF SUPREME COURT TO CERTAIN QUESTIONS REFERRED BY GOVERNOR IN COUNCIL
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

Print them in the votes

and proceedings.

Topic:   VALIDITY OF ALBERTA STATUTES
Subtopic:   POWERS OF DISALLOWANCE AND RESERVATION- ANSWERS OF SUPREME COURT TO CERTAIN QUESTIONS REFERRED BY GOVERNOR IN COUNCIL
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LIB

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

Liberal

Mr. LAPOINTE (Quebec East):

Yes, that might be done. Of course it is a pretty bulky document, but if the house would agree it might be printed in the votes and proceedings, for the convenience of hon. members.

Topic:   VALIDITY OF ALBERTA STATUTES
Subtopic:   POWERS OF DISALLOWANCE AND RESERVATION- ANSWERS OF SUPREME COURT TO CERTAIN QUESTIONS REFERRED BY GOVERNOR IN COUNCIL
Permalink

CORONATION OATH

PERSONAL EXPLANATION OP MR. CAHAN RESPECTING ANSWERS TO QUESTIONS ON FEBRUARY 28


On the orders of the day:


CON

Charles Hazlitt Cahan

Conservative (1867-1942)

Hon. C. H. CAHAN (St. Lawrence-St. George):

Mr. Speaker, I was unavoidably

absent from the house on Monday last when the Prime Minister replied formally to a question I had asked with regard to the coronation oath. His reply has been interpreted by some members of the house, and some people outside the house, as raising a question of personal veracity between the Prime Minister and myself.

Topic:   CORONATION OATH
Subtopic:   PERSONAL EXPLANATION OP MR. CAHAN RESPECTING ANSWERS TO QUESTIONS ON FEBRUARY 28
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LIB

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

Liberal

Mr. MACKENZIE KING:

No, no.

Topic:   CORONATION OATH
Subtopic:   PERSONAL EXPLANATION OP MR. CAHAN RESPECTING ANSWERS TO QUESTIONS ON FEBRUARY 28
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CON

Charles Hazlitt Cahan

Conservative (1867-1942)

Mr. CAHAN:

I did not think that any

such issue was raised.

Topic:   CORONATION OATH
Subtopic:   PERSONAL EXPLANATION OP MR. CAHAN RESPECTING ANSWERS TO QUESTIONS ON FEBRUARY 28
Permalink
LIB

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

Liberal

Mr. MACKENZIE KING:

Certainly not.

Topic:   CORONATION OATH
Subtopic:   PERSONAL EXPLANATION OP MR. CAHAN RESPECTING ANSWERS TO QUESTIONS ON FEBRUARY 28
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CON

Charles Hazlitt Cahan

Conservative (1867-1942)

Mr. CAHAN:

But, as a personal explanation, I should like to say that in asking the question I was quite familiar with the statutory changes in the coronation oath since first prescribed by the Coronation Oath Act. I was familiar with the fact that originally the kingdom was referred to as the Kingdom of England, that upon the union in 1706 of the two kingdoms of England and Scotland the name prescribed by the statute was the Kingdom of Great Britain, and that by the act of 1800, providing for the union of Great Britain and Ireland, the name prescribed was the United Kingdom of Great Britain and Ireland. Since then there has been another change in that designation of the United Kingdom of Great Britain and Ireland, which, since the organization of the Irish Free State as a dominion, has been known as the United Kingdom of Great Britain and Northern Ireland.

But when referring to changes in the coronation oath, as administered on May 12, 1937, I was not referring to any such statutory changes, because former changes in the name to that of the United Kingdom of Great Britain and Northern Ireland were not, I conceived, changes in the terms of the oath. Those were statutory changes in the name of what was originally known, when the oath was prescribed by enactment, as the Kingdom of England. I * was referring to other terms. I do not wish to raise any further question at the present time which would lead to any discussion, but I wish simply to say that in asking my question I was not considering statutory changes. I had in mind certain alterations which I did not conceive to be statutory alterations, and with this statement I am quite content. I was sure from the beginning that no question of personal veracity had been raised by the Prime Minister's reply.

I also notice that newspapers from the Atlantic to the Pacific allege that I, in my capacity as a member of the house, was deemed by the Prime Minister to be guilty of gross impropriety in asking another question. I infer that his reply referred to the form of my question, and not to any real impropriety in the question which I asked.

I have nothing further to say except that in reading the reply I did not believe that the Prime Minister was making any imputation with respect to my personality as a member of the house.

d

Japanese Immigration

Topic:   CORONATION OATH
Subtopic:   PERSONAL EXPLANATION OP MR. CAHAN RESPECTING ANSWERS TO QUESTIONS ON FEBRUARY 28
Permalink
LIB

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

Liberal

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

Mr. Speaker, I am sure it is unnecessary for me to say to my hon. friend that no member of the house, and least of all myself, would make any reflection upon my hon. friend's veracity.

Topic:   CORONATION OATH
Subtopic:   PERSONAL EXPLANATION OP MR. CAHAN RESPECTING ANSWERS TO QUESTIONS ON FEBRUARY 28
Permalink

JAPANESE IMMIGRATION

QUESTION TO BE EXAMINED BY INTERDEPARTMENTAL COMMITTEE-INQUIRY IN BRITISH COLUMBIA BY BOARD OF REVIEW


On the orders of the day:


CON

Howard Charles Green

Conservative (1867-1942)

Mr. H. C. GREEN (Vancouver South):

Mr. Speaker, may I direct the attention of the Prime Minister (Mr. Mackenzie King) to a Canadian press dispatch from Vancouver, dated yesterday, to the effect that the Minister of National Defence (Mr. Mackenzie) had announced in that city that the government intended thoroughly to investigate the Japanese problem in British Columbia. I should like to ask whether or not such is the case, and if so in what manner and to what extent an 'investigation will be made.

Topic:   JAPANESE IMMIGRATION
Subtopic:   QUESTION TO BE EXAMINED BY INTERDEPARTMENTAL COMMITTEE-INQUIRY IN BRITISH COLUMBIA BY BOARD OF REVIEW
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CON

Thomas Langton Church

Conservative (1867-1942)

Mr. CHURCH:

They will appoint another commission.

Topic:   JAPANESE IMMIGRATION
Subtopic:   QUESTION TO BE EXAMINED BY INTERDEPARTMENTAL COMMITTEE-INQUIRY IN BRITISH COLUMBIA BY BOARD OF REVIEW
Permalink
LIB

James Houston Spence

Liberal

Mr. SPENCE:

Hear, hear-another commission.

Topic:   JAPANESE IMMIGRATION
Subtopic:   QUESTION TO BE EXAMINED BY INTERDEPARTMENTAL COMMITTEE-INQUIRY IN BRITISH COLUMBIA BY BOARD OF REVIEW
Permalink

March 4, 1938