June 19, 1961


Clause agreed to. Clauses 40 and 41 agreed to. On clause 42-Custody for observation.


LIB

Julia Verlyn (Judy) LaMarsh

Liberal

Miss LaMarsh:

Mr. Chairman, I have been looking at the Criminal Code and section 710 deals with the rights, amongst others, of adjournment and what the summary conviction court may do. I am wondering how in this case, where the magistrate may send a defendant for observation for a period not exceeding 30 days, this clause can be reconciled with subsection 1 of section 710 of the Criminal Code, which provides of course that there may be no adjournment of a trial of more than eight days.

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PC

Edmund Davie Fulton (Minister of Justice and Attorney General of Canada)

Progressive Conservative

Mr. Fulton:

I think the answer to that question is that this proposed new subsection starts out with the words:

Notwithstanding subsection (1),-

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Clause agreed to. Clauses 43 to 46 agreed to. Title agreed to.


PC

Jacques Flynn (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Progressive Conservative

The Chairman:

Shall we revert now to clause 2, which stood?

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?

Some hon. Members:

Agreed.

On clause 2-Service of process.

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PC

Edmund Davie Fulton (Minister of Justice and Attorney General of Canada)

Progressive Conservative

Mr. Fulton:

Mr. Chairman, I wonder

whether the hon. member has any suggestion she would care to put forward. I had thought of amending the clause by putting in the words "or other executive officer", but if my hon. friend has another suggestion I would be very glad to hear it.

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LIB

Julia Verlyn (Judy) LaMarsh

Liberal

Miss LaMarsh:

Mr. Chairman, I am not sure of the phraseology in municipal acts outside the province of Ontario, but there the phraseology that is often used is, "head of the municipal authority or statutory officer".

I cannot assist the minister as to whether these words are used outside the province of Ontario, but the words put into this clause might be something in the nature of "head of the municipality", or we might even enumerate "the mayor, secretary, treasurer, clerk of the corporation or person holding equivalent status", or something of that sort. It is a little loose, but it might cover it.

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PC

Edmund Davie Fulton (Minister of Justice and Attorney General of Canada)

Progressive Conservative

Mr. Fulton:

Would the hon. member agree with me that "reeve" would normally cover every case of a municipality that does not have a mayor?

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LIB

Julia Verlyn (Judy) LaMarsh

Liberal

Miss LaMarsh:

No, not altogether. There are, of course, the counties or districts where a warden is the head of a municipality, and the definition section of the Criminal Code says that a municipal corporation includes a district, a county, and a number of other designations. I am not very familiar with the section.

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LIB
LIB

Julia Verlyn (Judy) LaMarsh

Liberal

Miss LaMarsh:

It includes a city, town, village, county, township, parish or other territorial or local division of a province the inhabitants of which are incorporated. I do not know what the head of a parish might be called.

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PC

Edmund Davie Fulton (Minister of Justice and Attorney General of Canada)

Progressive Conservative

Mr. Fulton:

Would this serve the purpose, in my hon. friend's opinion, in the case of municipal corporation, "the mayor, reeve, warden, secretary, treasurer or clerk of the corporation or the elected head of the municipality as the case may be"?

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PC

Thomas Miller Bell (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada)

Progressive Conservative

Mr. Bell (Carleion):

May I suggest, Mr. Chairman, that a warden should come before a reeve.

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LIB

Julia Verlyn (Judy) LaMarsh

Liberal

Miss LaMarsh:

The hon. member for Es-quimalt-Saanich might not agree. It has been called to my attention that the heads of improvement districts are not elected but are appointed.

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PC

Frank Exton Lennard

Progressive Conservative

Mr. Lennard:

Mr. Chairman, I am not a

learned gentleman, but a warden might be just the reeve of his township. He is selected by the reeves and heads of other municipalities. I do not think a warden should figure in this picture at all.

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LIB

Julia Verlyn (Judy) LaMarsh

Liberal

Miss LaMarsh:

I suggest he does, because of the interpretation section, which covers a county municipality, and the head of the county municipality is a warden.

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PC

Laurier Arthur Régnier

Progressive Conservative

Mr. Regnier:

Also, the clerk is not an elected head of a municipality; he is just the appointed official.

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PC

Richard Albert Bell (Parliamentary Secretary to the Minister of Finance)

Progressive Conservative

Mr. Bell (Carleton):

Mr. Chairman, before we actually amend this clause I should like to know whether the hon. lady from Niagara Falls can tell us of any difficulty that has occurred previously in respect to the operation of subsection 5 of section 441. That appears in the explanatory note opposite page 6. That section is now repealed and its provisions are included in clause 2 which we are now discussing. I am not aware that there have been any difficulties in respect to the operation of subsection 5 of section 441. If there have been none, I wonder whether we would be doing a useful service in making an amendment.

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LIB

Julia Verlyn (Judy) LaMarsh

Liberal

Miss LaMarsh:

I can only say that I assume whoever drafted subsection 6 of section 441 in the code intended that it should cover every municipality in Canada and that if there was an error it was not pointed out at that time. I would suggest that even to a Conservative the progressive nature of correcting must be self-evident, and in the future it may be of some importance. I have no idea when this has ever been used, but I assume that the house intends that if there is a criminal act which is chargeable against a municipal corporation there be some method by which a warrant may be served, otherwise they would necessarily escape criminal action.

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June 19, 1961