March 18, 1938

CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

But it goes beyond that; it is a matter of international law. The leading discussion of it is by a German named Savigny. The Winans case is one I had in mind, another being the case of Vanderbilt, who, it will be remembered, used to drive a four-in-hand to Brighton. The question of his domicile arose. The point I am making is that residence is a first essential ; the man must reside in Canada. My hon. friend is dealing with the question of domicile in an interprovincial matter, but in the matter that we are now discussing the veteran must reside in Canada and must have had the intention, evidenced by expression from time to time, of making Canada his permanent home.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
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LIB

Charles Gavan Power (Minister of Pensions and National Health)

Liberal

Mr. POWER:

I still have some doubts

as to the interpretation of residence and domicile given by my right hon. friend.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

I will get the authority

and show it.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
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LIB

Charles Gavan Power (Minister of Pensions and National Health)

Liberal

Mr. POWER:

However, I am prepared

to have the words "and resident" omitted from the amendment, so that it will read: "Any person domiciled in Canada. . .".

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
Permalink
CON

Howard Charles Green

Conservative (1867-1942)

Mr. GREEN:

The South African war

lasted two or three years, and at that time there was extensive immigration to Canada from the British isles. Should we not cover those few men while dealing with the others?

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
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LIB

Charles Gavan Power (Minister of Pensions and National Health)

Liberal

Mr. POWER:

Does my hon. friend know

one man who would come under any amendment that he would like to propose?

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
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CON

Howard Charles Green

Conservative (1867-1942)

Mr. GREEN:

I do not know of any who

would come under such an amendment, but perhaps the minister knows of some. Surely, however, the two sections I have referred to should be worded in the same way.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
Permalink
LIB

Eugène Fiset

Liberal

Sir EUGENE FISET:

I do not think

there would be any.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

There are some in the

west.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
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LIB

Eugène Fiset

Liberal

Sir EUGENE FISET:

No. Most of those who did join the imperial units were attached at some time to Canadian units and therefore would come under the law.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

The Strathcona Horse

was a Canadian unit in one sense, though not in another. I remember a number of Englishmen joined that unit long after 1899.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
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CON

Norman James Macdonald Lockhart

Conservative (1867-1942)

Mr. LOCKHART:

The minister seems to

appreciate the fact that there are many unusual circumstances, and hon. members have pointed out some of the exceptions that might arise. After all, this legislation is intended to cover as broadly as possible all cases that might come under the act. I could relate the unusual situation of one man who was in the South African war. Can the minister suggest under what clause the board has the opportunity of dealing with such exceptional cases?

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
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LIB

Charles Gavan Power (Minister of Pensions and National Health)

Liberal

Mr. POWER:

What is the case my hon.

friend is referring to?

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
Permalink
CON

Norman James Macdonald Lockhart

Conservative (1867-1942)

Mr. LOCKHART:

I am referring to some of the possible cases that have been suggested.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
Permalink
LIB

Charles Gavan Power (Minister of Pensions and National Health)

Liberal

Mr. POWER:

I do not know of any such cases.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
Permalink
CON

Norman James Macdonald Lockhart

Conservative (1867-1942)

Mr. LOCKHART:

Possibilities have been

brought to the attention of the minister. The hon. member (Mr. Green) suggested one case and I know of one pretty much along the same lines. Is there any provision in this bill empowering the board to deal with such cases? They are not being given that opportunity. The minister is hewing to the line as closely as possible.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
Permalink
LIB

Charles Gavan Power (Minister of Pensions and National Health)

Liberal

Mr. POWER:

That is not quite fair. In the first place, it was brought to my attention last year that a certain number of veterans who served in the Canadian contingent in the South African war might be indigent and might need to be looked after under the act, and in consequence of those representations I brought in amendments this year. Yesterday afternoon my hon. friend from Vancouver South (Mr. Green) stated a hypothetical case of men, resident or domiciled in Canada prior to the war, who served in some imperial unit. I said that I would take the matter into consideration and to-day I have brought in an amendment to cover that case. Now he brings to my attention a very remote hypothetical case of a man who had been travelling between Canada and England during the South African war, and whom he suggests we should cover. I do not know how to do it, and none of my hon. friends have suggested in what way

IFar Veterans' Allowance Act

the act should be amended to cover such a man. I submit that we have gone as far as possible.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
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CON

Howard Charles Green

Conservative (1867-1942)

Mr. GREEN:

I simply suggest that we use the same language as is now used in paragraph (j) (ii) of the original act.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
Permalink
LIB

Charles Gavan Power (Minister of Pensions and National Health)

Liberal

Mr. POWER:

We agreed to that half an hour ago.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
Permalink
CON

Howard Charles Green

Conservative (1867-1942)

Mr. GREEN:

No, the wording is different. In the original act it is provided:

Any former member of any of His Majesty's forces or of any of the forces of any of His Majesty's allies who was domiciled in Canada at the time at which he joined any such force for the purpose of the war and who served during such war in a theatre of actual war, . . .

In other words, an Englishman might have come to Canada in 1915 and in 1917 have gone back and joined an imperial unit; he is eligible for the allowance.

Topic:   WAR VETERANS' ALLOWANCES
Subtopic:   'EXTENSION OF ALLOWANCES TO INCLUDE CERTAIN OTHER CLASSES-ENLARGEMENT OF MEMBERSHIP OF BOARD
Permalink

March 18, 1938