January 31, 1910 (11th Parliament, 2nd Session)

LIB

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

Liberal

Hon. A. B. AYLESWORTH.

I desire to say a word, as a matter of 'privilege, with reference to something that fell from my lips in connection with the discussion which took place on the 17th of January, on the motion for papers relating to the capital case of Walter Blythe. In discussing the practice upon the consideration of questions of clemency in capital cases, I made the remark that, in capital cases, His Majesty's instructions to the Governor General are not to act except upon the advice of his Privy Council, but, in other cases, he does not take that advice". It has been pointed out to me that the inference which might be drawn from my language-and which, I am sorry to say, was drawn by the hon. member for East Grey (Mr. Sproule)-was that, in cases other than capital cases, His Excellency acted upon his own responsibility. That, of course, is not the case. I was discussing capital cases only, and intending only to point out that, in capital cases, the re- * sponsibility for the action of His Excellency was upon the whole government; in cases other than capital cases, the responsibility is not upon the whole government, but no more is it upon His Excellency individually ; in such cases, His Excellency acts upon the advice of some minister, not necessarily the Minister of Justice, but ordinarily in practice always the Minister of Justice, upon whom the responsibility rests.

Topic:   PRIVILEGE-ACTION OF THE CROWN IN CAPITAL AND IN OTHER CASES.
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