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


Donald Methuen Fleming

Progressive Conservative

Mr. Fleming:

I should like to deal with the first point with respect to the necessity of such a measure. If the Supreme Court of Canada is certain to recognize the decisions of the privy council which have been made up to the time this bill goes into effect, then presumably this amendment would not be necessary. But I am arguing that it is highly desirable that this amendment be inserted in the bill. Hon. members will recall the view taken by the Canadian Bar Association. After all, in matters of law, and this is a technical legal question, the views of the jurists of the country as represented in the Canadian Bar Association-and the association embraces not only practising lawyers but judges who participate freely in the discussions on legal questions-should receive consideration. That association has indicated in a resolution that this is a safeguard that ought to be written into the measure.

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