February 23, 1909 (11th Parliament, 1st Session)


Allen Bristol Aylesworth (Minister of Justice and Attorney General of Canada)



Of course, whatever effect section 707 of the Code has upon other sections of the Code, exactly the same and the like effect it would have upon the provisions of this Bill, because this Bill is to be read as a part of the criminal law. The subsection of section 707 to which the hon. gentleman has referred is simply a provision that if there is no special direction in any Act requiring a complaint to be heard before more than one justice, then it shall be heard before one justice. That is what I have been pointing out. I am quite content, if my hon. friend from Elgin thinks it would better this legislation, to insert in the Bill a provision that a summary prosecution under the Act shall be heard only before two justices. That can be secured at once by inserting the words ' before two justices ' after the word * conviction,' in the fourth line of section 3. All one has to do is to add the words ' before two justices ' and he accomplishes that purpose. Otherwise, certainly one justice would have juris, diction. I do not see any danger myself in allowing one justice of the peace to try an information under this Bill, but I am quite content that it should be limited to two.

Full View