May 8, 1953

LIB

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

Liberal

Mr. Garson:

Mr. Speaker, in the Criminal Code consolidation bill, in respect of which I believe there is now general agreement that it shall not be proceeded with at the present session, there was relating to Newfoundland an administrative provision which it is necessary to have passed at the present time and which would have been taken care of if that consolidation bill had been passed. To provide for that matter, this will be a very short bill indeed.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
CCF

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

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

Mr. Knowles:

That is all there is in it?

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
LIB

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

Liberal

Mr. Garson:

That is all that is in it.

Motion agreed to and bill read the first time.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
LIB

Elie Beauregard (Speaker of the Senate)

Liberal

Mr. Speaker:

When shall the bill be read the second time? At the next sitting of the house?

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
PC

John George Diefenbaker

Progressive Conservative

Mr. Diefenbaker:

Mr. Speaker, might I ask the minister a question? In order to preserve the outstanding work that has been done on the part of the committee in the recommendations which they have made, will there be any difficulty, in another parliament, in just utilizing the findings of the committee, its report on the evidence and also the general bill it recommended?

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
LIB

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

Liberal

Mr. Garson:

The point which my hon. friend raises is quite a large one, but I will try to deal with it as briefly as I can. The great problem in introducing a consolidating bill which is to take care of some 60 years of amendments to a statute, which itself is perhaps the largest one on the statute books, is to get the debating stages and the committee stages disposed of in both the House of Commons and the Senate within the compass of a single parliamentary session. When, in connection with a bill, both the Senate committee and the House of Commons committee hear lengthy representations from a large number of delegations, achieving that objective becomes impossible, just as it would be impossible to put an extremely long train upon a rather short railway siding.

My hon. friend's question is a pertinent one. From it I infer that what he has in mind is that we might use the work which the committee have done and the representations which they have heard, in order to introduce at another session a bill which, instead of going to a special committee for it to hear further representations, would be disposed of in the house itself. If I correctly interpret-

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
PC

John George Diefenbaker

Progressive Conservative

Mr. Diefenbaker:

That is correct.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
LIB

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

Liberal

Mr. Garson:

-his views, I would most certainly agree with him. If we proceed 68108-314

Criminal Code

otherwise we would not get a piece of legislation of this size through parliament in any single session.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
LIB

Elie Beauregard (Speaker of the Senate)

Liberal

Mr. Speaker:

Do I understand it is the wish of the house that the present bill should be read the second time now?

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
?

Some hon. Members:

Now.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
LIB

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

Liberal

Mr. Garson moved

the second reading of the bill.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
PC

William Joseph Browne

Progressive Conservative

Mr. Browne (St. John's West):

Mr. Speaker, I wonder whether the minister could tell us something of the nature of the administrative provision to which he referred?

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
LIB

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

Liberal

Mr. Garson:

Yes. I shall be glad to do so. The number of lawbreakers in Newfoundland is so small that at confederation it was thought advisable that special provision should be made whereby the one institution which serves as a provincial jail there would also house and keep in custody those who were sentenced for a period of more than two years and who would normally go into a federal penitentiary. In other words, the one building functions as a provincial jail and as a federal penitentiary.

There is in the present Criminal Code a provision which authorizes that arrangement up until January 1, 1954. That meant that when we drafted the Criminal Code consolidation bill we inserted in it a provision that the arrangement would continue until a proclamation was made by the governor general to authorize some other arrangement. Since the Criminal Code consolidation bill is not being passed, it is necessary to pass this short bill in order that we shall have legal authority for the continuance of the arrangement which now prevails in that custodial institution in Newfoundland.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
PC

George Alexander Drew (Leader of the Official Opposition)

Progressive Conservative

Mr. Drew:

Mr. Speaker, the explanation may be adequate, and I accept the explanation of the minister, but feel that there will be no delay in deferring the bill that is before the house this morning. It would be most improper to give second reading to a bill, which is an acceptation of the principle, without having the bill before us.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
LIB

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

Liberal

Mr. Garson:

I think my hon. friend's point is well taken. I am not for a moment pressing for second reading now.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
CCF

Major James William Coldwell

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

Mr. Coldwell:

May I ask the minister a supplementary question, following what the hon. member for St. John's West (Mr. Browne) has said. If the two types of prisoners are kept in the same institution, are they kept apart? Are there two separate parts so that what we might call the hardened criminal is not associated with perhaps the

Inquiries of the Ministry young fellow who has been more or less delinquent and received a sentence of less than a year?

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
LIB

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

Liberal

Mr. Garson:

Yes; the very best arrangements possible in that regard are provided. Of course my hon. friend is aware that what can be done in that regard is always subject to the limitations of your physical arrangements.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
CCF

Major James William Coldwell

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

Mr. Coldwell:

Accommodation.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
LIB

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

Liberal

Mr. Garson:

Your accommodation, that is right.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink
CCF

Major James William Coldwell

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

Mr. Coldwell:

That is what I had in mind.

Topic:   CRIMINAL CODE
Subtopic:   AMENDMENT TO CONTINUE PROVISION RESPECTING CUSTODY OF NEWFOUNDLAND PRISONERS
Permalink

May 8, 1953