June 27, 1935 (17th Parliament, 6th Session)


John Campbell Elliott


Hon. J. C. ELLIOTT (West Middlesex):

Mr. Speaker, I come from one of the other provinces but I agree heartily with the amendment moved by my hon. friend from Vancouver Centre. I would point out to the Prime Minister (Mr. Bennett) that he was hardly doing justice to the house in his manner of introducing his objection to this amendment. He referred to the litigation being launched in the way in which it was launched. Does he mean by that that when a province desires to object to the constitutionality of any legislation it can only do so in a certain manner? Is he stating that if a writ is launched as this writ was launched, this house will not tolerate it?
I should like to point out what the effect will be upon the other provinces if this bill goes through. The Prime Minister said that if it is undefended, if no litigation arises from it, it will not have the same effect throughout the west of Canada that it would have had had it been fought out. From his experience he must know that exactly the opposite result would occur. Suppose someone in Ontario objects to submitting to an order of the board. They will say that a writ was issued by the province of British Columbia questioning the validity of this legislation and that the dominion government did not even defend [Mr. Jacobs.!
the action with the result that a judgment was given against the validity of the legislation. The effectiveness of this legislation throughout the rest of Canada will be largely gone. During the stress and strain through which this country is going there is no time for friction between the dominion government and the government of a province that happens to be represented by another political party.

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