March 10, 1954 (22nd Parliament, 1st Session)

PC

Edmund Davie Fulton

Progressive Conservative

Mr. Fulton:

I have a question to ask here. I notice that under this clause the accused or the defendant in a prosecution for defamatory libel, if judgment is given for him, may recover his costs. I have no quarrel with that at all, but it raises a question with regard to the right of a prosecutor or informant under certain cases to recover costs by having an order made by the court for the payment of those costs by the accused. This right was given under section 1044 of the code, and I notice on consulting the concordance that section 1044 has been dropped. Would the minister say why it was dropped and why the prosecutor or informant, previously entitled to have an order made for the payment of his costs in certain cases, appears no longer to have that right? I might say I have consulted one of my colleagues who was a member of the house committee last year, and he cannot recall that there was any discussion on that point.

Topic:   '2862 HOUSE OF COMMONS
Full View