Napoléon Antoine BELCOURT

BELCOURT, The Hon. Napoléon Antoine, P.C., K.C., LL.M., LL.D.

Personal Data

Party
Liberal
Constituency
Ottawa (City of) (Ontario)
Birth Date
September 15, 1860
Deceased Date
August 7, 1932
Website
http://en.wikipedia.org/wiki/Napoléon_Belcourt
PARLINFO
http://www.parl.gc.ca/parlinfo/Files/Parliamentarian.aspx?Item=f908fda1-bf0c-4590-a547-3edf669acb55&Language=E&Section=ALL
Profession
lawyer

Parliamentary Career

June 23, 1896 - October 9, 1900
LIB
  Ottawa (City of) (Ontario)
November 7, 1900 - September 29, 1904
LIB
  Ottawa (City of) (Ontario)
  • Speaker of the House of Commons (March 10, 1904 - January 10, 1905)
November 3, 1904 - September 17, 1908
LIB
  Ottawa (City of) (Ontario)
  • Speaker of the House of Commons (March 10, 1904 - January 10, 1905)

Most Recent Speeches (Page 3 of 104)


June 7, 1905

Mr. BELCOURT.

Permit me to say that in my opinion the canons which should be adopted toy parliament in interpreting a statute differ in many respects from the canons which govern a court of justice. The interpretation by a judge is according to the language of the statute and that only ; a judge does not look to the extraneous or surrounding circumstances which existed at the time the law was passed ; a judge would simply interpret the language to the best of his ability according to the dictionary and according to jurisprudence. Parliament, in interpreting a statute, must and should adopt a much wider view ; parliament, I submit, must, in intex-preting a statute, look at the conditions as they were at the time the law was passed ; parliament must look at the intention of the legislature which passed that law ; it must look at past history ; it must look at every circumstance

which can, in any way throw any light upon that law. We all know that the Act of 1875 was passed somewhat hurriedly ; we know that section 11 was introduced after the other provisions of the statute had been discussed by the House. A subject of great importance, such as the question of education, was treated in a very short section and in very few words. It was passed with apparently no contentious discussion in the House ; it was passed, as I remember, unanimously, and there was no discussion whatever as to the meaning and effect of the terms used. We know that in 1875, when this law was passed, it was but a few years after the passage of the British North America Act. It is a matter of history that in Canada so far as legislation is concerned the meamiug of the words ' separate schools ' is synonymous to ' denominational schools ' : in the British North America Act the same sense was attached to it as to the words ' denominational schools.' We had only two kinds of schools in Canada at that time, viz., the public school and the separate school. Separate schools were introduced in Ontario in 1860, and they were then intended to be, and have ever since been, denominational schools. So it is in the province of Quebec ; the separate schools of the province of Quebec are to-day denominational schools and so they are in Ontario. I appeal to any member in this House to point to me a single instance in any province of the Dominion where there is a separate school which is not, to all Intents and purposes, a denominational school.

Topic:   JT7NE 8. 1905
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June 7, 1905

Mr. BELCOURT.

I understood the hon. leader of the opposition to say distinctly yesterday afternoon that the government had refused to instruct the commissioners to inquire into the question of fraud and misrepresentation in the obtaining of the concessions. I called my hon. friend's attention to the fact that the return brought down and printed and distributed among the members of this House for some time, showed clearly that the instruction's contained in paragraph 10 were distinct and e'ear instructions to the commissioners to investigate questions of fraud and misrepresentation, and I pointed out to my hon. friend, that the judge, in various parts of his report, had referred to those instructions, and had stated distinctly when the commission opened, that he was empowered to investigate questions of fraud and misrepresentation. I pointed out also that he had heard evidence in several cases tending to prove or to disprove that there had been fraud and misrepresentation. I pointed out that in every oue of the cases referred to him in which charges were made, the judge reported that no fraud or misrepresentation had been proved. So I think the hon. gentleman owes it to the House to say that he was mistaken when he said that it is hot fair on his part to say that there were no such instructions.

Topic:   THE TREADGOLD CONCESSION INQUIRY.
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June 7, 1905

Mr. BELCOURT.

Pickford & Black. But they have asked for certain modifications in the service, dispensing them from calling at certain islands, and as the imperial government is equally interested in the service, paying one-lialf, we are now in correspondence with them with regard to the matter.

Topic:   SUPPLY-THE YUKON TERRITORY.
Subtopic:   ROBERT BELL.
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June 7, 1905

Mr. BELCOURT.

I did not say that.

Topic:   JT7NE 8. 1905
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June 7, 1905

Mr. BELCOURT.

Not at all.

Topic:   JT7NE 8. 1905
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