Alan Aylesworth MACNAUGHTON

MACNAUGHTON, The Hon. Alan Aylesworth, P.C., O.C., Q.C., B.A., B.C.L., LL.D.

Personal Data

Party
Liberal
Constituency
Mount Royal (Quebec)
Birth Date
July 30, 1903
Deceased Date
July 16, 1999
Website
http://en.wikipedia.org/wiki/Alan_Macnaughton
PARLINFO
http://www.parl.gc.ca/parlinfo/Files/Parliamentarian.aspx?Item=9dabb150-bb52-445b-84d2-25d358e604a2&Language=E&Section=ALL
Profession
barrister and solicitor, lawyer

Parliamentary Career

June 27, 1949 - June 13, 1953
LIB
  Mount Royal (Quebec)
August 10, 1953 - April 12, 1957
LIB
  Mount Royal (Quebec)
June 10, 1957 - February 1, 1958
LIB
  Mount Royal (Quebec)
March 31, 1958 - April 19, 1962
LIB
  Mount Royal (Quebec)
June 18, 1962 - February 6, 1963
LIB
  Mount Royal (Quebec)
April 8, 1963 - September 8, 1965
LIB
  Mount Royal (Quebec)
  • Speaker of the House of Commons (May 16, 1963 - January 17, 1966)
July 8, 1966 - September 8, 1965
LIB
  Mount Royal (Quebec)
  • Speaker of the House of Commons (May 16, 1963 - January 17, 1966)

Most Recent Speeches (Page 6 of 112)


July 11, 1961

Mr. Macnaughlon:

It was an announcement on the front page of the Montreal Gazette today.

Topic:   INDUSTRY
Subtopic:   GASOLINE
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July 11, 1961

Mr. Alan Macnaughlon (Mount Royal):

Mr. Speaker, I should like to address a question 90205-6-495

Inquiries of the Ministry to the Minister of Finance. Has the attention of the minister been directed to the announcement by Imperial Oil Limited and Texaco Canada Limited, appearing on the front page of the Montreal Gazette today, to the effect that they have boosted the price of gasoline by 1 cent per gallon throughout greater Montreal, the Hull area and western Quebec? Has the minister any comment to make thereon?

Topic:   INDUSTRY
Subtopic:   GASOLINE
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July 11, 1961

Mr. Macnaughlon:

It was an announcement on the front page of the Montreal Gazette today.

Topic:   INDUSTRY
Subtopic:   GASOLINE
Full View Permalink

July 11, 1961

Mr. Alan Macnaughlon (Mount Royal):

Mr. Speaker, I should like to address a question 90205-6-495

Inquiries of the Ministry to the Minister of Finance. Has the attention of the minister been directed to the announcement by Imperial Oil Limited and Texaco Canada Limited, appearing on the front page of the Montreal Gazette today, to the effect that they have boosted the price of gasoline by 1 cent per gallon throughout greater Montreal, the Hull area and western Quebec? Has the minister any comment to make thereon?

Topic:   INDUSTRY
Subtopic:   GASOLINE
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May 23, 1961

Mr. Alan Macnaughlon (Mount Royal):

Mr. Speaker, on February 18, 1960, at the time when the bill on capital punishment of the hon. member for York-Scarborough (Mr. McGee) was being discussed by the house, I set out in some detail, as found on page 1208 of Hansard, the reasons why I was opposed to capital punishment. I do not propose to cover those details again. However, I am still opposed to capital punishment and I base myself on three fundamental reasons or principles.

The first is that capital punishment emphasizes the punitive aspect of justice, and by the word "punitive" I mean punishment, of course. Punishment, as we all know, can be broken down into at least four elements,

punishment to deter an act from being committed, punishment to make a person suffer who has committed an act, a sort of form of vengeance or retribution, punishment in order to reform the criminal, to make him see the proper way to follow, and punishment in order to maintain the laws of the civilized state or, in other words, to protect society.

The second principle I mentioned was that it is human to err in judgment because none of us, of course is infallible. The third general principle I mentioned was that there is an ethical basis to this whole thing. It seems to me that the state cannot take what it cannot give. The state cannot give life and therefore it should not take life.

While the bill does not go as far as I should like to see it go, nevertheless it seems to me that it does bring in certain important changes. For example, during the past two decades there has been a great change with regard to the treatment, care and study of criminals and matters in relation thereto. A great deal of psychiatric research has been made and is under way. In this connection, and since it has not been mentioned so far, I should like to refer to two chief points in relation to psychiatric and medical research.

The first is that up to the present the language used in the Criminal Code is almost impossible of psychiatric definition. Thus the word "insanity" means one thing to the legal mind of the lawyer who is in court and has a completely different connotation to the medical profession or the psychiatric mind. The word "psychopath", for example, and all that word implies is new in relation to the outdated words, if I may call them that, in the Criminal Code as we have it at present. I suggest that the words "mentally deficient", for example, would be a much more scientific general term to use in this connection.

Second, it seems to me that too often the decision whether or not a criminal is guilty hinges on psychiatric evidence given by the so-called experts who are called in. It also seems to me that it is both unfair and unreasonable to put a psychologist or psychiatrist into the witness box and, whether he has prepared the case thoroughly or whether he has not, to expect this psychiatrist to give clear and unbiased replies to the questions which are put when he knows that, depending on the evidence he may give in the witness box, he may personally convict the accused. If he says that the accused is not insane according to the present definition in the Criminal Code, which according to the psychiatrist's definition is outmoded then he personally, in effect, convicts the accused. No respected, responsible professional man wants

Criminal Code

to put himself in that position. I say, therefore it is time we updated the Criminal Code and brought into the Criminal Code new words dealing with this general category of mental deficients.

If on the other hand he says the criminal under review is insane when he knows perfectly well that the accused has committed some act of violence then the accused is likely to go free. The only point I am making is that I approve of the updating of the Criminal Code certainly with regard to the general class or kind, if I may use that term, of mental deficient.

I do not propose to detain the house any longer. I just wish to say that I feel this amendment to the Criminal Code is an attempt to end the confusion in the public mind which has existed for many years. I think it is an attempt to resolve a very difficult problem. I believe the minister is to be heartily commended and congratulated upon the restrained and careful words he used in his opening statement. I want to say that, in my opinion, these amendments indicate an attempt to temper justice with mercy and forbearance and, for that reason, I propose to support these amendments as a step in the right direction.

Topic:   CRIMINAL CODE
Subtopic:   REVISION OF PROVISIONS RESPECTING DEATH PENALTY
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