July 1, 1926 (15th Parliament, 1st Session)


Hugh Guthrie (Minister of Justice and Attorney General of Canada; Minister of National Defence)

Conservative (1867-1942)

Hon. HUGH GUTHRIE (Acting Minister of Justice):

To the objection which has now
been urged by my hon. friend from Quebec East, the former Minister of Justice (Mr. Lapointe) I have o-nly this to say-that it is of the most technical character, and avoids a broad or general view of the law which appears on the statute books of Canada. The Independence of Parliament Act, as is well known, was placed upon the statute books for the purpose of safeguarding not only the House but members of the House of Commons, and the rights of the electors of Canada in regard to all relations which exist in this chamber, and section 10, one of the well known provisions of that act, provides that a man who is a member of this chamber shall not accept any office from which he shall derive or receive any salary, fee, wages, allowance, emolument, or profit of any kind unless he is prepared to submit himself to his constituents, or to some constituency in this country, for re-election. Such was the object of the enactment and the test in this instance-it is an easy one and will suggest itself to everyone, is: Do those four or five hon. members

Supply-Formation of Ministry
including myself, who now sit in this chamber as acting ministers come within this prohibition? Do they come within the class mentioned in section 10 of this enactment? Do they receive any salary, fee, wages, emolument, or profit of any kind in connection with the office of acting ministers of the crown?

Topic:   P.C. 1047.
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