November 23, 1949

PC

John George Diefenbaker

Progressive Conservative

Mr. Diefenbaker:

But the commissioner did not accept that.

Topic:   COMBINES INVESTIGATION ACT
Subtopic:   AMENDMENTS RESPECTING INSTITUTION AND CONDUCT OF PROSECUTIONS, ETC.
Permalink
CCF

Angus MacInnis

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

Mr. Maclnnis:

Why did the milling companies not bring Mr. Taylor as a witness?

Topic:   COMBINES INVESTIGATION ACT
Subtopic:   AMENDMENTS RESPECTING INSTITUTION AND CONDUCT OF PROSECUTIONS, ETC.
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LIB

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

Liberal

Mr. Garson:

The proceedings taken by the combines investigation commissioner are of a quasi judicial character, they are investigation proceedings rather than judicial proceedings. It is as a result of the investigation conducted by the commissioner that the criminal prosecution in the courts is taken; and you may be sure-as attorney general I was afraid of this all along- that if there had been any prosecution, Mr. Taylor would have been subpoenaed as a witness, as would all the other people with whom those concerns have dealt. They would have been called to the box and asked, did you tell me so-and-so at such-and-such a time as to what the law was? Did you not write to me to this effect, and so on?

Topic:   COMBINES INVESTIGATION ACT
Subtopic:   AMENDMENTS RESPECTING INSTITUTION AND CONDUCT OF PROSECUTIONS, ETC.
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CCF

Angus MacInnis

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

Mr. Maclnnis:

Did they write? That is what I want to know.

Topic:   COMBINES INVESTIGATION ACT
Subtopic:   AMENDMENTS RESPECTING INSTITUTION AND CONDUCT OF PROSECUTIONS, ETC.
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LIB

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

Liberal

Mr. Garson:

So far as Mr. Gordon and Mr. Taylor are concerned, we have so far been unable to find in the flies of the wartime prices and trade board any written authority from them. But remember that neither of those gentlemen acted as the flour administrator, though for a while Mr. Taylor was the food administrator. The milling companies would not need to have anything in writing from these two men because all the companies needed to do was to prove that there was substantial compliance on their part with the requirements of the wartime prices and trade board orders.

Topic:   COMBINES INVESTIGATION ACT
Subtopic:   AMENDMENTS RESPECTING INSTITUTION AND CONDUCT OF PROSECUTIONS, ETC.
Permalink
CCF

Major James William Coldwell

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

Mr. Coldwell:

Knowing that this report was to be made public and that, at least, it would cast some reflection on them, would you not

2148 HOUSE OF

Combines Investigation Act have thought if they had any evidence whatever or any witnesses to show that there was an understanding they would have produced either the documents or the witnesses?

Topic:   COMBINES INVESTIGATION ACT
Subtopic:   AMENDMENTS RESPECTING INSTITUTION AND CONDUCT OF PROSECUTIONS, ETC.
Permalink
LIB

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

Liberal

Mr. Gaxson:

I shall try to answer that question as fairly as I know how. My answer will not be worth a great deal because I have never acted as defence counsel in combines act prosecutions. Lawyers who are accustomed to acting for the defence in these different types of prosecutions build up a certain technique. My hon. friend the member for Lake Centre (Mr. Diefenbaker) can tell you about it. This reply is just that of an uninformed person, but I would imagine probably the best technique in a combines investigation might be to sit tight and not make any moves at all, but reserving those for the trial. Otherwise, one would give one's .ase away to some extent.

Mr. Cold well: If they thought they were going to be prosecuted, they must have felt that they were doing wrong.

Topic:   COMBINES INVESTIGATION ACT
Subtopic:   AMENDMENTS RESPECTING INSTITUTION AND CONDUCT OF PROSECUTIONS, ETC.
Permalink
LIB

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

Liberal

Mr. Garson:

No, they would not have thought they were going to be prosecuted. Let my hon. friend put himself in the position of any one of those people. Suppose you were under investigation and as the member for Calgary West (Mr. Smith) said the other day, they rolled up with a truck and started unloading the files from your office, would you not draw into yourself a bit and be rather cautious and careful about your next move, regardless of whether you felt guilty?

Topic:   COMBINES INVESTIGATION ACT
Subtopic:   AMENDMENTS RESPECTING INSTITUTION AND CONDUCT OF PROSECUTIONS, ETC.
Permalink
CCF

Major James William Coldwell

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

Mr. Coldwell:

I have nothing I need be ashamed of.

Topic:   COMBINES INVESTIGATION ACT
Subtopic:   AMENDMENTS RESPECTING INSTITUTION AND CONDUCT OF PROSECUTIONS, ETC.
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LIB

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

Liberal

Mr. Garson:

I believe that completes the questions asked by the hon. member for Lake Centre.

Topic:   COMBINES INVESTIGATION ACT
Subtopic:   AMENDMENTS RESPECTING INSTITUTION AND CONDUCT OF PROSECUTIONS, ETC.
Permalink
CCF

Stanley Howard Knowles (Whip of the Co-operative Commonwealth Federation)

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

Mr. Knowles:

On a matter of privilege; during an interchange a few minutes ago the Minister of Justice more or less accused me of making an ungenerous interpretation

of the law. May I say to him what I had in mind was the case to which he has just referred, namely the Canadian Import case. I had in mind precisely the comment he has made with respect to that case. The Prime Minister said the same thing the other night, that the series of facts upon which they relied had commenced more than two years before the prosecution and-please note -had continued right up to the time of the prosecution. It was the continuing of the acts that made these people liable. My contention is that, even after the fifteen days had gone by, it was the continuing refusal, the continuing and repeated decision on the part of the minister and the government, not to publish the report which makes what has been done an offence against the law.

Progress reported.

Topic:   COMBINES INVESTIGATION ACT
Subtopic:   AMENDMENTS RESPECTING INSTITUTION AND CONDUCT OF PROSECUTIONS, ETC.
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BANKING AND COMMERCE

CONCURRENCE IN FIRST REPORT


Mr. Hughes Cleaver (Halion) presented the first report of the standing committee on banking and commerce, and moved that the report be concurred in. Motion agreed to.


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):

At eleven o'clock tomorrow we shall continue with this Bill No. 144, the Combines Investigation Act. If we get through before one o'clock, we shall take up the two small bills I have mentioned many times, Nos. 64 and 65, the justice bills. At three o'clock in the afternoon, we shall take up the national defence estimates, and if we complete those estimates we shall take up the estimates of the secretary of state.

Topic:   BUSINESS OF THE HOUSE
Permalink

At six o'clock the house adjourned, without question put, pursuant to standing order.



Thursday, November 24, 1949


November 23, 1949