April 8, 1954 (22nd Parliament, 1st Session)


Stuart Sinclair Garson (Minister of Justice and Attorney General of Canada)


Mr. Garson:

I think perhaps I might be forgiven if I at least put on the record in reply one or two points which I think are relevant. In the first place, with regard to the matter of habeas corpus. I was rather taken with the idea that it should have been the hon. member for Kamloops (Mr. Fulton) who moved the amendment to the motion in connection with habeas corpus because the purpose of the section we have provided in the new bill is to restore to the province of British Columbia the very excellent method of having an appeal from the judgment of the trial judge who turned down an application for habeas corpus. I thought that a lawyer practising in British Columbia would be grateful to us for restoring to them what they apparently had always desired to have and did have for many years until a judgment of the supreme court made it unavailable.

Full View