April 23, 1923 (14th Parliament, 2nd Session)


Henry Herbert Stevens

Conservative (1867-1942)


The minister is objecting to the establishment of a court within the Patent office; but he is establishing a court by this clause. He is empowering the commissioner to say, no, but he forbids him to say yes. He empowers the commissioner to dismiss a case; but if the commissioner does not, dismiss a case, he must send it on with a sort of "God bless you" to the Exchequer Court Let me read the clause, and the minister will see where his argument is without foundation at all;

Patents of Invention
The commissioner shall then consider the petition, and .... if satisfied that a prinia facie case has been made out,-
But how can he determine that, such a case has been made out unless he hears the evidence? How can fie determine that a prima facie case has been made out if he has not read the petition and heard or read the evidence and given it his consideration; in other words, unless he has sat upon the case as a court?

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