March 29, 1949

LIB

Douglas Charles Abbott (Minister of Finance and Receiver General)

Liberal

Hon. Douglas Abbott (Minister of Finance) moved

that the house go into committee of ways and means.

Motion agreed to and the house went into committee, Mr. Golding in the chair.

Topic:   WAYS AND MEANS
Subtopic:   INTERIM SUPPLY
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LIB

Douglas Charles Abbott (Minister of Finance and Receiver General)

Liberal

Mr. Abbott moved:

Resolved, that towards making good the supply granted to His Majesty on account of certain expenses of the public service of the fiscal year ending March 31, 1950, the following sums be granted out of the consolidated revenue fund of Canada, namely:

1. The sum of $230,145,541 being one-sixth of the amount of each of the items as set forth in the main estimates for the fiscal year ending March 31, 1950, and

29087-136i

Exchequer Court Act

2. The additional sum of $1,791,333.33 being one-third of the amount of certain items, the sum of $301,339.50 being one-sixth of the amount of certain items, and the sum of $2,168,752.75 being one-twelfth of the amount of certain items of the said estimates, as set forth in the resolution concurred in this day in the committee of supply.

Resolutions reported, read the second time and concurred in. Mr. Abbott thereupon moved for leave to introduce Bill No. 174, for granting to His Majesty certain sums of money for the public service of the financial year ending the 31st March, 1950.

Topic:   WAYS AND MEANS
Subtopic:   INTERIM SUPPLY
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Motion agreed to, bill read the first and second times, considered in committee, reported, read the third time and passed.


EXCHEQUER COURT ACT

AMENDMENTS WITH RESPECT TO APPEALS TQ SUPREME COURT, ETC.

LIB

Stuart Sinclair Garson (Minister of Justice and Attorney General of Canada)

Liberal

Hon. Stuart S. Garson (Minister of Justice) moved

the second reading of Bill No. 87 (from the Senate) to amend the Exchequer Court Act.

Topic:   EXCHEQUER COURT ACT
Subtopic:   AMENDMENTS WITH RESPECT TO APPEALS TQ SUPREME COURT, ETC.
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PC

John George Diefenbaker

Progressive Conservative

Mr. Diefenbaker:

On a point of order, because I do not want to be regarded as making a speech at this time, I think an explanation from the minister with regard to this bill would be appreciated.

Topic:   EXCHEQUER COURT ACT
Subtopic:   AMENDMENTS WITH RESPECT TO APPEALS TQ SUPREME COURT, ETC.
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LIB

Stuart Sinclair Garson (Minister of Justice and Attorney General of Canada)

Liberal

Mr. Garson:

This bill is a simple one consisting in the main of procedural amendments. Section 1 provides a new and simplified statement of the exclusive original jurisdiction of the court. It reads:

The exchequer court shall have exclusive original jurisdiction in all cases in which the land, goods or money of the subject are in the possession of the crown, or in which the claim arises out of a contract entered into by or on behalf of the crown.

Section 2 provides a new and simplified procedure of appeal. The only two new items are one providing for an appeal from an interlocutory judgment, and one extending from thirty to sixty days the time within which an appeal may be lodged.

Section 3 provides that when an appeal is made on behalf of the crown no deposit of $50 shall be necessary, as is the case when an appeal is made on behalf of the subject.

Section 4 empowers the judges of the court to make general rules and orders for regulating the practice and procedure of and in the exchequer court, as formerly, and adding two new subsections to provide first for rules dealing with the examinations for discovery, in a proceeding to which the crown is a party, of a departmental or other officer of the crown and, second, for rules providing for the medical examination of a person in respect of whose injury a claim is made.

I am informed that the judges of the court have already made rules of this sort but

Exchequer Court Act

there has been some question as to their right to do so. The purpose of the present amendment is to remove any doubt in that regard.

Topic:   EXCHEQUER COURT ACT
Subtopic:   AMENDMENTS WITH RESPECT TO APPEALS TQ SUPREME COURT, ETC.
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PC

John George Diefenbaker

Progressive Conservative

Mr. J. G. Diefenbaker (Lake Centre):

Mr. Speaker, this bill raises not only the question of the jurisdiction of the exchequer court but the nature of proceedings taken against the crown. It affords hon. members an opportunity to discuss whether in the interests of Canadians as a whole the idea based upon the principle that the king can do no wrong, and therefore the necessity of a petition of right in any proceedings taken against the crown, should not now be voided and entirely done away with. Section 1 provides for exclusive jurisdiction in all cases in which the land, goods or money of the subject are in the possession of the crown, or in which the claim arises out of a contract entered into by or on behalf of the crown. On previous occasions the question has been raised whether the time has not come in this country to do away with the archaic procedure of petition of

right. It has been done away with in the United Kingdom by legislation introduced in 1946 with the result that today a citizen of the United Kingdom may at any time take proceedings against the crown in the same manner as he would take proceedings against another individual.

Another question that arises in connection with this bill is whether some provision should not be made whereby the individual who is wronged as a result of the application of administrative principles and law should have the right of appeal to the exchequer court.

On motion of Mr. Diefenbaker the debate was adjourned.

Topic:   EXCHEQUER COURT ACT
Subtopic:   AMENDMENTS WITH RESPECT TO APPEALS TQ SUPREME COURT, ETC.
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BUSINESS OF THE HOUSE

LIB

Alphonse Fournier (Minister of Public Works; Leader of the Government in the House of Commons; Liberal Party House Leader)

Liberal

Mr. Fournier (Hull):

Tomorrow will be private members' day.

At ten-thirty the house adjourned, without question put, pursuant to the order of the house passed on March 14, 1949.

Wednesday, March 30, 1949

Topic:   BUSINESS OF THE HOUSE
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March 29, 1949