May 17, 1972

CONSTITUTIONALITY OF AMENDMENT DEFINING FISHERMEN AS INDEPENDENT CONTRACTORS- POSSIBLE CLARIFICATION

PC

Lincoln MacCauley Alexander

Progressive Conservative

Mr. Lincoln M. Alexander (Hamilton West):

Mr. Speaker, I would like to direct a question to the Minister of Labour concerning Bill C-183. In view of the fact that the Fisheries Council of Canada contends that clause 107(1) of the bill defining fishermen as independent contractors and employees is ultra vires of the parliament of Canada, since this is legislation relating to property and civil rights which are wholly within the jurisdiction of the provinces, is the minister aware of this and has he had an opportunity to discuss the matter with the law officers of the Crown?

Topic:   CANADA LABOUR CODE
Subtopic:   CONSTITUTIONALITY OF AMENDMENT DEFINING FISHERMEN AS INDEPENDENT CONTRACTORS- POSSIBLE CLARIFICATION
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?

Abram Ernest Epp

Hon. Martin P. O'Connell (Minister of Labour):

Mr. Speaker, I have not read the submission of the Fisheries Council. I have been aware in the past that the section, in the minds of some, lacks constitutionality, and I simply point out that in the view of the department it is a constitutional provision. That is why it is in the legislation.

Topic:   CANADA LABOUR CODE
Subtopic:   CONSTITUTIONALITY OF AMENDMENT DEFINING FISHERMEN AS INDEPENDENT CONTRACTORS- POSSIBLE CLARIFICATION
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PC

Lincoln MacCauley Alexander

Progressive Conservative

Mr. Alexander:

Mr. Speaker, in light of the fact that there appears to be legislation dealing with labour contracts and negotiations in the provinces of British Columbia, Nova Scotia and Newfoundland, and in light of the submission made by the Fisheries Council which indicates that the government and the council are at loggerheads, is it the intention of the government to seek clarification as to the constitutional validity of the clause involved?

Topic:   CANADA LABOUR CODE
Subtopic:   CONSTITUTIONALITY OF AMENDMENT DEFINING FISHERMEN AS INDEPENDENT CONTRACTORS- POSSIBLE CLARIFICATION
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LIB

Martin Patrick O'Connell (Minister of Labour)

Liberal

Mr. O'Connell:

No, Mr. Speaker.

Topic:   CANADA LABOUR CODE
Subtopic:   CONSTITUTIONALITY OF AMENDMENT DEFINING FISHERMEN AS INDEPENDENT CONTRACTORS- POSSIBLE CLARIFICATION
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IND

Lucien Lamoureux (Speaker of the House of Commons)

Independent

Mr. Speaker:

Orders of the day.

Topic:   CANADA LABOUR CODE
Subtopic:   CONSTITUTIONALITY OF AMENDMENT DEFINING FISHERMEN AS INDEPENDENT CONTRACTORS- POSSIBLE CLARIFICATION
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GOVERNMENT ORDERS

CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT


The House resumed, from Tuesday, May 16, consideration of the motion of Mr. Lang that Bill C-2, to amend the Criminal Code and to make related amendments to the Criminal Code 1967 Amendment Act, the Criminal Records Act, the National Defence Act, the Parole Act and the Visiting Forces Act, be read the third time and do pass and the amendment thereto of Mr. Rondeau (p. 2333). May 17, 1972


IND

Lucien Lamoureux (Speaker of the House of Commons)

Independent

Mr. Speaker:

Order, please. By virtue of the special order adopted by the House last evening-

Topic:   GOVERNMENT ORDERS
Subtopic:   CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT
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LIB

Otto Emil Lang (Minister of Justice and Attorney General of Canada; Minister responsible for the Canadian Wheat Board)

Liberal

Mr. Lang:

On a point of order, Mr. Speaker, I want to draw the attention of the House to what appears to be a typographical error. During the course of last evening's very rapid proceedings there was a final suggestion by the hon. member for Winnipeg North Centre (Mr. Knowles) that section 9, the amendments to which appear on page 5 of the amending bill, need not contain the subsection (1) reference. I want to draw to the attention of the House that there are subsections 2 and 3 in the bill, and therefore subclause (1) is indeed required. If it is agreeable, I think we might put that technical matter right before proceeding to the vote.

Topic:   GOVERNMENT ORDERS
Subtopic:   CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT
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NDP

Stanley Howard Knowles (N.D.P. House Leader; Whip of the N.D.P.)

New Democratic Party

Mr. Stanley Knowles (Winnipeg North Centre):

Mr. Speaker, I presume the minister means those subsections are in the act.

Topic:   GOVERNMENT ORDERS
Subtopic:   CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT
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LIB

Otto Emil Lang (Minister of Justice and Attorney General of Canada; Minister responsible for the Canadian Wheat Board)

Liberal

Mr. Lang:

Yes, the original section 9 has three subsections.

Topic:   GOVERNMENT ORDERS
Subtopic:   CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT
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IND

Lucien Lamoureux (Speaker of the House of Commons)

Independent

Mr. Speaker:

Order. Since we are apparently dealing with a minor typographical matter, I think it would be the unanimous wish of the House that we act on the suggestion of the minister.

In conformity with the order of the House adopted last night the question will now be put on the bill before the House. The question is on the amendment to the main motion. Mr. Lang, seconded by Mr. MacEachen, moved that Bill C-2, to amend the Criminal Code and to make related amendments to the Criminal Code 1967 Amendment Act, the Criminal Records Act, the National Defence Act, the Parole Act and the Visiting Forces Act, be now read the third time.

And on the amendment moved by Mr. Rondeau:

That Bill C-2 be not now read a third time, but that it be referred back to the Standing Committee on Justice and Legal Affairs for the purpose of reviewing clause 44 and particularly paragraph (a).

Topic:   GOVERNMENT ORDERS
Subtopic:   CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT
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IND

Lucien Lamoureux (Speaker of the House of Commons)

Independent

Mr. Speaker:

Is the House ready for the question?

Topic:   GOVERNMENT ORDERS
Subtopic:   CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT
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?

Some hon. Members:

Question.

Topic:   GOVERNMENT ORDERS
Subtopic:   CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT
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IND

Lucien Lamoureux (Speaker of the House of Commons)

Independent

Mr. Speaker:

The question is on the amendment. All those in favor will please say yea.

Topic:   GOVERNMENT ORDERS
Subtopic:   CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT
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?

Some hon. Members:

Yea.

Topic:   GOVERNMENT ORDERS
Subtopic:   CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT
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IND

Lucien Lamoureux (Speaker of the House of Commons)

Independent

Mr. Speaker:

All those opposed will please say nay.

Topic:   GOVERNMENT ORDERS
Subtopic:   CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT
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?

Some hon. Members:

Nay.

Topic:   GOVERNMENT ORDERS
Subtopic:   CRIMINAL LAW AMENDMENT ACT. 1972 AMENDMENTS TO CRIMINAL CODE, CRIMINAL RECORDS ACT, NATIONAL DEFENCE ACT, PAROLE ACT AND VISITING FORCES ACT
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May 17, 1972