The Chairman:

Order, please. Unfortunately, this avenue has been closed to the hon. member. He may wish to circulate the document among the members of the House.

Mr. Deakon:

Mr. Chairman, I should like to ask a question of the mover of this amendment. I wonder whether the hon. member could clarify the situation. Would his amendment take into account editorial comment by newspapers or other communications media containing recommendations as to candidates who are seeking office, and would it also include caricatures on the day of an election or the day before?

Mr. Mongrain:

Mr. Chairman, I am thinking, of course, of paid advertisements and announcements. I do not think we can prevent the press from commenting or making sketches and caricatures. I had in mind paid announcements by a candidate or his agent.

Amendment (Mr. Mongrain) negatived: Yeas, 19; nays, 26.

The Chairman:

I declare the amendment lost.

Mr. Howard (Skeena):

Mr. Chairman, I rise on a question of privilege. I point out to you that while the vote was being taken an hon. gentleman who certainly should know better because he has participated in these matters before-the hon. member for Chambly-came in, sat down and subsequently rose to vote. I

Canada Elections Act

think that is shameful on the part of that gentleman, who knows better. I think we should discount his vote.

Subclause 1 agreed to.

On clause 99, subclauses 2 and 3-No broadcasts outside of Canada.

Mr. Ricard:

Mr. Chairman, I have a question for the Parliamentary Secretary to the President of the Privy Council.

In subclauses (2) and (3) the words "during an election" are used.

For instance, at line 17 of subclause (2) and at lines 26 and 27 of subclause (3).

Does this mean on the day of the election or during the election period?

Mr. Forest:

Mr. Chairman, I would refer the hon. member for Saint-Hyacinthe to page 1 of the bill where the expression "during an

election" is defined, as follows:

-includes the period after the issue of the writ for an election, or after the dissolution of Parliament or the occurrence of a vacancy in consequence of which a writ for an election is eventually issued, until the candidate obtaining the highest number of votes is returned as elected;

-which normally happens a few days after polling day. That is what "during the election" means.

Subclauses 2 and 3 inclusive agreed to.

Subclause 4 agreed to.

Clause 99 as amended agreed to.

Clauses 100 to 104 inclusive agreed to.

The Chairman:

The committee will now consider clause 105, to be found at page 194.

On clause 105, subclause 1-Premature publication of results forbidden.

Mr. Macquarrie:

Mr. Chairman, I indicated to the committee this afternoon that it was the intention of one of my colleagues to present an amendment to clause 105. That was my colleague the hon. member for Cumberland. His amendment was to deal with the taking of public opinion polls, a device which he thinks not very helpful to the electoral process. Regrettably, my colleague is not here tonight and will not be moving his amendment. The committee may be relieved to know that I do not intend to present it for him.

I think the pollsters have suffered a greater setback as a result of a certain event in

June 25, 1970

Canada Elections Act

another country than they might have suffered as a result of anything we could do for or against them in this piece of legislation. However, my colleague will be able to deal with this question at another time. I simply wanted to tell my colleagues, who with bated breath must have been waiting for my intervention, that once again I am being the sacrificial lamb and I am withdrawing a pregnant amendment.

Mr. Macdonald (Rosedale):

In order that this might be on the record for the hon. member for Cumberland, I should indicate that this subject was dealt with by the Bar-beau committee in its report and the special committee will undoubtedly be studying it. The hon. member will have an opportunity before long to make his point particularly in connection with the events of June 18.

Subclause 1 agreed to.

Subclause 2 agreed to.

Clause 105 agreed to.

On clause 106-Variation of times at by-election.

[DOT] (9:50 p.m.)

Mr. Forest:

The Chairman:

The committee has heard the proposal. Is it the pleasure of the committee to accept the proposal?

Mr. Howard (Skeena):

Mr. Chairman, on such short notice we do not appreciate the full force of the amendment. But normally the hon. gentleman from Missisquoi is lucid and careful in his presentations, although he was not in regard to a previous clause. We are willing to accept what he says as being the necessity for this omission from the bill.

Mr. Forest:

Mr. Chairman, it is not an omission from the bill. No date mentioned in this clause concerning when a candidate for election can desist and retire in a by-election.

Amendment (Mr. Forest) agreed to.

Clause 106 as amended agreed to.

Clause 107 agreed to.

On clause 108, subclause 1-Act to apply in votes taken under Canada Temperance Act.

Mr. Macquarrie:

Mr. Chairman, I wonder whether I might ask the President of the Privy Council to enlighten me concerning when a vote was last taken under the Canada Temperance Act.

Mr. Forresiall:

And when he anticipates the next vote to be taken under it.

Mr. Macdonald (Rosedale):

Mr. Chairman, I regret to say I have not followed that particular statute very closely. I regret I cannot give the hon. member this information, and neither can the Chief Electoral Officer.

Mr. Macquarrie:

I think the Chief Electoral Officer would have to be a great deal older than he appears to be, to remember it. I wonder why we carry on this type of provision in such an omnibus type of bill. I think the provinces have firmly fastened on to the liquor trade in this country and I cannot understand why this clause should be cluttering up our legislation.

Mr. Howard (Skeena):

Mr. Chairman, I should like to ask a question appropos this matter. I am sure I will receive an answer similar to that received by the hon. member for Hillsborough. Can the President of the Privy Council tell us what the Canada Temperance Act is?

Mr. Macdonald (Rosedale):

I am told it is the result of considerable legislation. I do not know what it did for temperance, but it did quite a bit to Canadian law. I gather the aim

June 25, 1970

was to control the use of alcohol, if it could be controlled by law. I gather the statute is virtually not in use now, and I for one am glad of it.