October 4, 1949 (21st Parliament, 1st Session)


Donald Methuen Fleming

Progressive Conservative

Mr. Fleming:

I thank the Prime Minister for making the statement he has and giving us the assurance he has in connection with the interpretation placed by certain newspapers upon the views expressed by the chief justice. Those newspaper reports have had a disturbing effect upon the minds of many people including members of this House. One can understand the views of the chief justice in connection with a case such as that explained by the Prime Minister. It is now quite clear and understandable and I again thank the Prime Minister for making the statement at this particular time.
Leaving aside the statement by the chief justice to which we have been referring, and seeing that we seem to be in agreement as to the desirability of the continued recognition of the principle of stare decisis by the Supreme Court of Canada after this bill is in effect with regard to decisions hitherto made by the privy council in so far as they are applicable to Canada, the only question that could remain is whether such an enactment is necessary.

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