July 25, 1942

CONTROVERTED ELECTIONS

CONSTITUENCY OP STANSTEAD-REFUSAL OP LEAVE TO APPEAL ANNULMENT OP ELECTION OP R. G. DAVIDSON

LIB

Georges Parent (Speaker of the Senate)

Liberal

Mr. SPEAKER:

I wish to make a statement in the matter of the Dominion Controverted Elections Act and the election of a member of the House of Commons for the electoral district of Stanstead, held on March 26, 1940.

On June 30 last I received from the registrar of the Supreme Court of Canada certified copy of judgment of said court setting aside the decision of the trial judges of the superior court of Quebec and declaring the petition in the matter of the election for the electoral district of Stanstead should be maintained, and the election of the respondent, R. G. Davidson, for the House of Commons, should be annulled. I tabled the judgment, and it is set forth at length in Votes and Proceedings of that day, pages 441 to 451.

On July 3, 1942, I was served a notice by the agent of the respondent's solicitors that a motion would be presented on behalf of the respondent before the presiding judge in chambers at the Supreme Court building in the city of Ottawa, on Thursday, July 9, 1942, at ten-thirty of the clock in the forenoon, or so soon thereafter as counsel can, for an order staying the execution and all other proceedings herein so as to permit respondent to apply for leave to appeal to His Majesty's Privy Council.

On July 6, 1942, I was served with a copy of a petition for special leave to appeal to His Majesty's Privy Council praying that His Most Gracious Majesty in council will be pleased to exercise his royal prerogative and order that the petitioner shall have special leave to appeal from the judgment of the Supreme Court of Canada of June 26, 1942, and that His Majesty may be graciously pleased to make such further or other order as to His Majesty in council may appear fit and proper.

In view of these proceedings I did not issue my writ for a new election, awaiting the final disposition of the motion before the Supreme Court of Canada to be heard on July 9 last.

On July 21, 1942, I was served with a certified copy of the judgment of Mr. Justice Hudson refusing the motion made before him on July 9 last. In his judgment Mr. Justice Hudson points out that His Majesty's Privy Council have consistently refused such applications for leave to appeal.

Controverted Elections

There is one feature of these proceedings which does not commend itself to me, which infringes upon the immunities of the House of Commons in its relations with the courts of justice, and that is the practice sought to be established of serving on the Speaker notices of court proceedings.

When a court of justice renders a judgment affecting a member of parliament in cases which parliament has empowered it to try, the registrar or clerk of that court is bound by law to certify that judgment to the Speaker. That practice should not be departed from when the house has to be apprised of a court decision or court proceedings with respect to one of its members. Such notification should be certified to the Speaker by the officers of that court instead of service being made by the solicitors.

I now table the certified copy of the judgment of Mr. Justice Hudson, which will appear in Votes and Proceedings of this date.

I considered carefully and thought it proper to have legal opinion as to the steps which I should take to bring the matter before the house.

Under the Dominion Controverted Elections Act, chapter 50, section 68, the registrar of the Supreme Court of Canada certifies to the Honourable Speaker of the House of Commons the judgment of the decision of the Supreme Court of Canada reversing the decision of the trial judges, and also certifies as to the matters and things as to which the trial judges would have been required to report to the Honourable Speaker had their decision not been appealed to that court.

The judgment of the Supreme Court of Canada was in the following terms:

Under Section 59 (a)

This court was of the opinion that no corrupt or illegal practice had been proved to have been committed by or with the knowledge and consent of the said Robert Greig Davidson, the candidate declared to have been elected at the said election, or by his official agent, Robert Bouchard.

Under section 59 (b)

The following persons have been found by the supreme court of Canada to have been guilty of the corrupt practices set opposite their names, as appears in the reasons for judgment given in support of the decision of the court:

The names and nature of offence appear in Votes and Proceedings of 30th June last, page 442; I need not read them.

Under section 59 (c)

The supreme court of Canada came to the conclusion that corrupt practices,on the part of the agents of the candidate had prevailed at the election to which the petition relates, to an extent sufficient to warrant the annulment of the election.

Under section 59 (d)

The supreme court of Canada did not find that the inquiry into the circumstances of the election had been rendered incomplete by the action of any of the parties to the petition, or that further inquire as to whether corrupt or illegal practices had extensively prevailed was desirable.

I call attention to paragraph (c) of said section 59 which requires the court to report to the Speaker-

. . . whether corrupt or illegal practices have, or whether there is reason to believe that corrupt or illegal practices have extensively prevailed at the election to which the petition relates.

If the court states that such practices have prevailed, then section 71 of the said Dominion Controverted Elections Act provides that no new writ shall issue for a new election in such case except by order of the House of Commons.

Certified copy of the judgment of the supreme court certifies as follows, as I have already read:

Under section 59 (c)

The Supreme Court of Canada came to the conclusion that corrupt practices on the part of agents of the candidate had prevailed at the election to which the petition relates, to an extent to warrant the annulment of the election.

In my opinion, therefore, section 71 of the said act governs the subsequent proceedings. That section is as follows:

"When the trial judges or the Supreme Court of Canada in their report on the trial of an election petition under this act, state that corrupt or illegal practices have, or that there is reason to believe that corrupt or illegal practices have extensively prevailed at the election to which the petition relates, or that they are of opinion that the inquiry into the circumstances of the election has been rendered incomplete by the action of any of the parties to the petition, and that further inquiry as to whether corrupt or illegal practices have extensively prevailed is desirable, no new writ shall issue for a new election in such case except by order of the House of Commons.

I shall therefore await the order of the house before issuing a new writ for a new election for the electoral district of Stanstead.

Topic:   CONTROVERTED ELECTIONS
Subtopic:   CONSTITUENCY OP STANSTEAD-REFUSAL OP LEAVE TO APPEAL ANNULMENT OP ELECTION OP R. G. DAVIDSON
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RADIO BROADCASTING

THIRD AND FINAL REPORT OF SPECIAL COMMITTEE


Mr. J. J. McCANN (Renfrew South) presented the third and final report of the special committee on radio broadcasting.


NAT

Gordon Graydon

National Government

Mr. GORDON GRAYDON (Peel):

I think perhaps at this stage I should point out that the committee was not unanimous in its report. I should like to make that clear.

Labour Conditions

Topic:   RADIO BROADCASTING
Subtopic:   THIRD AND FINAL REPORT OF SPECIAL COMMITTEE
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BUSINESS OF THE HOUSE

INQUIRY AS TO SUPPLEMENTARY ESTIMATES AND CANADIAN NATIONAL RAILWAY REFUNDING OPERATIONS


On the orders of the day:


NAT

Richard Burpee Hanson (Leader of the Official Opposition)

National Government

Hon. R. B. HANSON (Leader of the Opposition):

I should like to ask the Minister of Finance first if he anticipates that it will be necessary for him to bring down any supplementary estimates before the house adjourns and second when he proposes to move the resolution standing in his name relating to the Canadian National refunding operations. I suggest to him that we should have that bill as soon as possible.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   INQUIRY AS TO SUPPLEMENTARY ESTIMATES AND CANADIAN NATIONAL RAILWAY REFUNDING OPERATIONS
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LIB

James Lorimer Ilsley (Minister of Finance and Receiver General)

Liberal

Hon. J. L. ILSLEY (Minister of Finance):

I have not given much thought to it lately. I shall take into consideration the hon. gentleman's suggestion.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   INQUIRY AS TO SUPPLEMENTARY ESTIMATES AND CANADIAN NATIONAL RAILWAY REFUNDING OPERATIONS
Permalink
NAT

Richard Burpee Hanson (Leader of the Official Opposition)

National Government

Mr. HANSON (York-Sunbury):

What

about supplementary estimates?

Topic:   BUSINESS OF THE HOUSE
Subtopic:   INQUIRY AS TO SUPPLEMENTARY ESTIMATES AND CANADIAN NATIONAL RAILWAY REFUNDING OPERATIONS
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LIB

James Lorimer Ilsley (Minister of Finance and Receiver General)

Liberal

Mr. ILSLEY:

Yes, there will be supplementary estimates.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   INQUIRY AS TO SUPPLEMENTARY ESTIMATES AND CANADIAN NATIONAL RAILWAY REFUNDING OPERATIONS
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LABOUR CONDITIONS

GENERAL MOTORS OSHAWA PLANT-PARTIAL OPERATION AND SHORT HOURS OF LABOUR


- On the orders of the day:


NAT

Richard Burpee Hanson (Leader of the Official Opposition)

National Government

Hon. R. B. HANSON (Leader of the Opposition):

Last night I received a telegram from interested parties in Oshawa representing the United Automobile Workers of America, stating that the General Motors plant there had not been put in full operation by July, as had been previously suggested or indicated would be the case, and alleging that a large part of the plant is ndt in operation and that men are working short hours. My understanding of the position is that the plant was to be retooled and a change made, but I wonder if the Minister of Munitions and Supply could make a statement with regard to the matter. I may add that I sent him a copy of the telegram just a moment ago.

Topic:   LABOUR CONDITIONS
Subtopic:   GENERAL MOTORS OSHAWA PLANT-PARTIAL OPERATION AND SHORT HOURS OF LABOUR
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LIB

Clarence Decatur Howe (Minister of Transport; Minister of Munitions and Supply)

Liberal

Hon. C. D. HOWE (Minister of Munitions and Supply):

As my hon. friend has said, just this moment I received a copy of the wire. With regard to the situation at Oshawa I may say that some six weeks ago the Minister of Labour (Mr. Mitchell) and I met a delegation from the United Automobile Workers and discussed the situation with them. It was claimed then that the plant was only partly operated and that the men

were working short hours. We looked into the situation and found, as obviously must be the case when a peace-time operation is shut off, that a period is required for retooling in order to put the production lines to other uses. That retooling has been going on for some time. I told the delegation that I expected the tooling to be completed in July. This is still July. The retooling operation may be a little late; at this time it is difficult to get tools and procurement of tools is becoming increasingly difficult as the tempo steps up in the United States. I presume tooling is still going on, but I may add that the number of employees at Oshawa at that time was, and I think now is, vastly greater than it was at any time during the course of ordinary operations. I think it was then at its peak for all time, and I believe it is still at about the same level.

In the matter of short hours, we questioned the men who composed the delegation. They were all working overtime, not working their eight hours but actually working nine hours, so that I do not think the complaint with regard to short hours is very serious.

Topic:   LABOUR CONDITIONS
Subtopic:   GENERAL MOTORS OSHAWA PLANT-PARTIAL OPERATION AND SHORT HOURS OF LABOUR
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PICKERING MUNITION PLANT

July 25, 1942