January 13, 1911


Bill (No. 80) respecting the Buffalo, Niagara and Toronto Railway Company.-Mr. Lancaster. Bill (No. 81) to incorporate the Canadian Northern Branch Lines Company.-Mr. Cash. Bill (No. 81) respecting the Kettle River Valley Railway Company, and to change its name to ' The Kettle Valley Railway Company.'-Mr. Burrell. 13111 (No. 83) to incorporate the Simcoe, Grey and Bruce Railway Company.-Mr. Tolmie. Bill (No. 84) respecting the Southern Central Pacific Railway Company.-Mr. Con-mee.


Hon. FRANK OLIVER (Minister of the Interior) moved for leave to introduce Bill (No. 85) respecting Forest Reserves and Parks. He said: The House will remember that a Bill respecting forest reserves was passed in 1906. There was then in existence an Act respecting the Rocky Mountain park. The purposes of forest reserves and of forest parks, while identical in some respects, differ in other important respects. A forest reserve is withdrawn from occupation, whereas a forest park is intended primarily to be occupied for the purposes of pleasure. Since 1906 we have found that in many cases where a forest reserve was set apart, it was desirable that some portion, if not the whole of it, should be used for a park or other purposes. It has also been found necessary to increase the number of reserves, and that has been done by order in council. In other cases it has been found desirable on experience to cut out some of the reserves already made, or to alter their boundaries. This Bill provides a new schedule of forest reserves, which will be in accordance with the information we have acquired since 1906; and particularly it will include a forest reserve covering the eastern slope of the Rocky Mountains which was set apart last year by order in council. It was not included in the Act last year for the reason that the boundaries had not been defined. It is difficult to define the eastern boundary, and it was thought better that it should be set aparfmerely by order in council instead of by Act of parliament. Since last year we have had an examination made, and while we have not been able to define the boundary for the whole distance on the eastern slope of the Rocky Mountains where it is administered by this government, we have been able to give what we think is a satisfactory eastern boundary, at any rate, as far north as the Jasper or Yellow Head Pass on the Grand Trunk Pacific line, and we are assuming a boundary from that point north. We think it is much better that, so far as we can define the boundary, it should be done by Act of parliament rather than by order in council. When we set apart a forest reserye by Act of parliament we take power in this Bill to apply certain provisions regarding parks, or parks in portions of this reserve set apart by Act of parliament, we take power to do this by order in council. The original reservation is made by Act of parliament, and there are certain provisions which cover that reservation. Out of that reservation there may be taken a portion which may be put under different regulations, so that the public may occupy that forest park for purposes of pleasure. One other new feature of the Bill is that we are providing powers of expropriation. In the present Act there is no power for expropriation of property which may be held by private individuals within an area that it is desired to make a forest reservation, or forest park. Sometimes we find a very serious difficulty in dealing with this question in the public interest, and we think it is desirable that a power of expropriation should be added to the existing provisions which provide for the purchase of existing rights either by payment or exchange.


Samuel Hughes



Suppose a railway wishes to pass through this forest reserve, or suppose a person holds timber limits in what is set apart as a forest reserve, how is the minister going to meet that case?


Frank Oliver (Minister of the Interior; Superintendent-General of Indian Affairs)



Any rights that exist within the area covered at the time the park is set apart, are not intended to be prejudiced by the creation of the reserve. The holder of a timber limit still remains the holder of that timber limit, or the holder of private property still remains the holder of that private property. We are, as I say, taking powers of expropriation, not to expropriate such rights as timber limits or any Tights held by leasehold, but rights held by patent, those we take power to expropriate. In regard to railroads, if a railway runs by a certain route and that route includes a forest reserve, of course the park interest must give way to the paramount interest of the public in securing transportation.


Motion agreed to, and Bill read the first time.


Mr. LEWIS moved for leave to introduce Bill (No. 86) respecting the carrying of offensive weapons. He said: This is a combination of a number of Bills that have been introduced in this House and in the English House. Those introduced in the English House have been law for some years. The Bill is entitled ' An Act to amend the Criminal Code respecting offensive weapons and capital offences.' It reads as follows: It shall he the duty of every peace officer to search any person whom he has reason to believe is possessed of the weapon commonly known as a dirk or bowie knife, or any weapon resembling it, or which is not of a character or kind calculated to he used solely for an inoffensive purpose, or any weapon known as a pistol or revolver; and if any such weapon is found in possession of such person, the peace officer shall forthwith take him before the nearest justice of the peace or magistrate, who shall proceed to investigate the facts'and, if the accused is by such justice or magistrate believed not to be a native of Canada, he shall make a report to the Minister of the Interior in the matter, together with the evidence; and, if the said minister is satisfied that such person was an immigrant to Canada within four years previously, and had in his possession any such weapon, or if such immigrant is found within four years of his arrival in Canada in possession of any such weapon, the said minister may order the deportation of such immigrant, and section 33 of the Immigration Act shall apply to the case. _ Every vagrant, or loose, idle or disorderly person, may be searched for offensive or dangerous weapons. Section 119 of the Criminal Code is amended by adding thereto the following subsection:- No revolver or pistol shall be sold to any person unless he produces to and leaves with the vendor a permit, in writing, from the chief of police or a police magistrate or justice of the peace allowing him to purchase a revolver or pistol. Section 120 of the said Code is amended by inserting after the word ' air-gun,' in the third line thereof, the words ' or any sheath knife, bowie knife, dagger, metal knuckles, skull cracker, revolver, razor or other offensive weapon. Section 121 of the said Code is amended by idding at the end thereof the following words: -' or if convicted on indictment, to a like fine >r to imprisonment for any term not less than me year or more than five years, with or vithout hard labour.' Section 123 of the said Code is amended by nserting the words ' revolver or pistol ' after *bo. word ' shot ' in the second line thereof. This follows the English Act with reference to pistols:- Any person who shall knowingly sell a pistol to any person who is intoxicated or not of sound mind, who, there is any reason to be-

lieve, is going to use the same illegally, or to any person under the age of 18 years

This extends the limit from 16 to 18 years :- -shall be liable to a penalty not exceeding $50 or to imprisonment for not exceeding six months with or without hard labour or to both. The English Act provides for a penalty of £50 and imprisonment for two years. Section 274 of the said Code is amended by adding thereto the following subsection:- Every one is guilty of an indictable offence, and liable to imprisonment for not less than two years and not more than five years, who unlawfully wounds or attempts to wound, or inflicts or attempts to inflict grievous bodily harm upon any other person with any revolver, knife, stiletto, razor, or other offensive weapon. Section 1064 is amended by adding after the word ' judgment' in the second line thereof the words ' be taken to the nearest penitentiary prison and' There is no one within reach of my voice who is conversant with what has taken place in Canada but will admit that there is reason for these amendments and that the government should deal with crime in a more forcible way than has been the case of late years. Formerly we could point with pride to our record with regard to criminal offences, while the reverse was the case in the great republic to the south of us. I have a number of newspaper clippings here with which I shall not trouble the House, but I shall merely refer to the head notes just to indicate what is happening in this Canada of ours. At one time the record of crime was very small in the whole of Canada. I am glad to say that in the maritime provinces and in the eastern paTt of the province of Quebec the former low average still holds good, but within the last three years the average of criminal offences in Ontario, Manitoba, Saskatchewan, Alberta and British Columbia has more than doubled. That, Sir, is attributable, as one can readily understand, principally to the great importation of foreigners, and, secondly, to the fact that crime has not been punished with the vigour which formerly characterized the authorities. As I said, I shall not take up the time of the House by reading all these newspaper extracts, but I shall place before hen. members two or three items particularly with reference to the offences of Italians and to the practice of people of that nationality of carrying concealed weapons and of using them upon slight provocation. Brantford, May 15:


Gang tries to Shoot up Blue Lake Neighbourhood. Toronto Daily Star, October 14:




Quebec, January 3:


Montreal, November 27:


January 13, 1911