April 7, 1903

CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

I suppose the members on both sides would like to know whether or not the usual practice will be followed of adjourning at G o'clock on Wednesday.

Topic:   EASTER RECESS.
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The PRIME MINISTER.

I suppose we had better.

Topic:   EASTER RECESS.
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Motion agreed to.


DOMINION CONTROVERTED ELECTIONS ACT.


House again in Committee on Bill (No. 13) to amend the Dominion Controverted Elections Act.-The Minister of Justice.


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The MINISTER OF JUSTICE (Hon. Charles Fitzpatrick).

This Bill was considered in committee before and it stood to enable the hon. leader of the opposition to look into it.

Topic:   DOMINION CONTROVERTED ELECTIONS ACT.
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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

In one section of the present law the judges are empowered to extend the time of the trial of an election petition upon special grounds shown by affidavit. Possibly the first section cf this Bill would mean that, but I would prefer to have it made perfectly plain that the grounds should be disclosed to the judge on affidavit.

Topic:   DOMINION CONTROVERTED ELECTIONS ACT.
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The MINISTER OF JUSTICE.

I have no objection to that. Perhaps if we added the words ' upon cause shown ' that would meet the case. The committee n\ight rise with the understanding that the amendment suggested by hon. friend would be made.

On section 2,

Topic:   DOMINION CONTROVERTED ELECTIONS ACT.
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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

The ordinary powers which a judge has are extended to enable him to detain a witness in custody until the time arrives for him to give evidence ; that is the only change the clause makes in the present law.

Topic:   DOMINION CONTROVERTED ELECTIONS ACT.
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The MINISTER OF JUSTICE.

There may be a case in which such a proceeding is necessary. It appears that the necessity for such an amendment arose, because it was suggested to me by the chief justice of Manitoba.

Topic:   DOMINION CONTROVERTED ELECTIONS ACT.
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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

I do not see any objection to it.

Topic:   DOMINION CONTROVERTED ELECTIONS ACT.
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LIB

Henry Robert Emmerson

Liberal

Mr. EMMERSON.

I would invite the consideration of the Minister of Justice, as to whether it would not be desirable to have the witness placed at times in the custody of a jailer rather than held by the officer. It may be that there would be an adjournment, and in the meantime it would not be desirable that the officer should continue to have the party in charge.

Topic:   DOMINION CONTROVERTED ELECTIONS ACT.
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LIB

William Stevens Fielding (Minister of Finance and Receiver General)

Liberal

Hon. Mr. FIELDING.

Topic:   DOMINION CONTROVERTED ELECTIONS ACT.
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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

It says ' or otherwise ' in the statute.

Topic:   DOMINION CONTROVERTED ELECTIONS ACT.
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The MINISTER OF JUSTICE.

Upon the understanding that I shall have the Bill amended for the purpose of meeting the suggestion of the leader of the opposition, I would ask that the committee rise and ask leave to sit again.

Progress reported.

Topic:   DOMINION CONTROVERTED ELECTIONS ACT.
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CIVIL SERVICE SUPERANNUATION.


The MINISTER OF FINANCE (Hon. W. S. Fielding) moved second reading of Bill (No. 49) to amend the Civil Service Superannuation Act. He said : This is a Bill based upon resolutions which we considered in Committee some time ago. It deals with fractions of a year. Motion agreed to, Bill read the second time, considered in Committee, reported, read the third time and passed,


MILITIA PENSION ACT.


Bill (No. 78) to amend the Militia Pension Act, 1901 (Minister of Militia and Defence), read the second time and House went into Committee thereon. On section 1,


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Some hon. MEMBERS

Explain.

The MINISTER OF MILITIA AND DE-FNCE (Hon. Sir Frederick Borden). The object of this Bill is to make the pension law for the permanent force similar to the law passed last year for the North-west Mounted Police ; that is to say, to enable a civil servant who is entitled under the Civil Service Superannuation Act to a pension, to participate in the benefits of the Superannuation Act for the time that he has been a member of the Civil Service and to the extent of the money which he has paid into the superannuation fund. It will be noticed that at the end of this proposed subsection 7, there is a reference to subsection 2 of section 5 of the Militia Pension Act. By that subsection it is enacted that in case an officer has not served the full length of time to entitle him to full superannuation, that is, in case he has not paid into the pension fund for the full length of 2J years, he will receive his pension subject to a deduction of 5 per cent per annum for the time he has not paid. This Bill provides that in case he has been a civil servant, he shall get the benefit of the 2i or 3 per cent, or whatever the rate may be, that he has paid under the Superannuation Act for the time that he has been a member of the civil service. To illustrate : suppose a man has been a civil servant for ten years, and has paid into the superannuation fund regularly during that time his 2} or 3 per cent, and is then appointed an officer in the permanent force or on the staff,

wliere lie becomes entitled to a pension under tlie Militia Pension Act. This Act will enable him to receive the full benefit of that payment for the ten years that he has been in the civil service, but he will be charged the difference between the amount he has paid into the superannuation fund and the 5 per cent charged under the Pension Act. The House passed precisely the same legislation last session in connection with the Pension Act for the Northwest Mounted Police.

Topic:   MILITIA PENSION ACT.
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April 7, 1903