Mr. THOMSON (Qu'Appelle) :
If I were satisfied that the minister's interpretation of the law was correct, I would not object to the clause as it stands. I have a distinct recollection of prosecuting in a somewhat similar case under a section placed some time ago in the Criminal Code; perhaps the minister will remember it. I can-
not quote it exactly at the moment, but it refers to the keeping of stray animals. I raised the contention in that case that it was theft. The judge before whom I was acting, and who, I think, was one of the brightest judges we have ever had in Canada, expressed himself as absolutely clear that it was theft and that the man could be prosecuted for theft, notwithstanding that in this other section it is dealt with in another way. This is a repetition of what I have suggested. This judge may be wrong and the minister may be right; but I have grave doubt whether my right hon. friend is right, and, therefore, I do not like the clause as it stands. I believe, that strictly according to law, that boy could be prosecuted under this section, and he must be sentenced for one year unless th6 Crown prosecutor or the Attorney General agrees. I suppose it is likely that where a case is such as I have mentioned, the Crown prosecutor or the Attorney General would agree.
Topic: S912 COMMONS