April 15, 1915

SOLDIERS' VOTING BILL.


The House proceeded to consider amendments made by the Senate to Bill No. Ill, to enable Canadians on active military service during the present war to exercise their electoral franchise.-Hon. C. J. Doherty, Minister of Justice.


CON

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

Mr. DOHERTY:

The Senate has returned this Bill with two amendments. By one of them it is provided that there shall be appointed by the Governor in Council six scrutineers, three on the nomination of the leader of the Opposition and three on the nomination of the Prime Minister. In substance these scrutineers are to be entitled to be present at all the operations connected with taking of the vote and to have all the powers that the representatives of candidates have at any poll held in this country. They are to have the additional power of appointing deputies who shall have all the same powers that they themselves have with the exception of the power of appointment. That is almost in the exact words, at all events it is clearly on the lines, of a clause that was put for-

ward tentatively by myself in this House with a view of endeavouring to meet what I had understood to be suggested by the leader of the Opposition. The amendment, however, goes farther than that and proposes to amend a provision that is made in the Bill as passed by this House respecting the notice to be given by the officers before taking the vote. That provision reads as follows:

At least eight days' notice in writing of the date and place where the vote of such volunteers will be taken shall be given to the said scrutineers by the 'regimental officer who will collect the votes as aforesaid, such notice to be addressed to such scrutineers in the care of the Secretary of the High Commissioner for Canada in London if the regimental officers are in Great Britain, to the care of the Canadian Commissioner in Paris if the said regimental, officers are in France, Belgium or Germany.

In my judgment this last provision makes the amendment as a whole unacceptable.

I think a brief reflection will make it clear that in so far at all events as the troops who may be on the continent of Europe are concerned, the operation of sending notice, that the ballots have reached the officer who is going to take the votes, back from that place to the office of the Canadian Commissioner in Paris in order that from that office there may be sent back to the place where the votes are going to be taken notice of the appointment of a scrutineer, creates a situation in which the delay may be so long that it may be impossible to have the voting put through. By reason [DOT]of the disposition in regard to this notice, it would be impossible to accept the amendment as suggested. This delay would be obviated by providing that the notice shall be given in a manner analogous to the method already provided in the Act as it passed this House, that is that there should be a notice to the company, and once you have provided for the appointment of the scrutineers it would seem to be quite proper that in addition special notice should be given to the scrutineer who would be on the spot. That will go much more rapidly and much more promptly. I shall have to move that this amendment, as it comes to us from the Senate be not concurred in but that the Bill be amended in effect so ' as to secure what is the real object of the appointment of these scrutineers and to make simpler and more direct the method of giving notice to them of the holding of the poll.

The second clause of the amendment proposes that there shall be inserted in the Bill a provision that no proceedings shall

fMr. Doherty,]

be taken or had under sections 2 to 4 inclusive of this Act until a declaration has been obtained from the Secretary of State for War of Great Britain that a full and fair vote of such volunteers may be taken without prejudice to military discipline and without interference with the efficiency of military operations, and that the same be duly proclaimed in the Canada Gazette. For leasons that have already been given in this House upon the proposal of an amendment practically identical with this, it does not seem to me, ot to the Government, that this proposed amendment would be acceptable. Indeed, it does not seem to us that there is any reason why any action outside of the action of this Parliament in the ordinary course should be required to give effect to these particularsections. But we attach great importance to the passing into law of these sections of the Act and in order to avoid if possible their being defeated by an absolute refusal to concur in this amendment in full, and while we decline to accept this amendment, we are prepared to offer an alternative, the alternative being that in so far as these particular clauses are concerned, they shall not come into operation until assent tothem has been given by His Majesty inCouncil and that assent proclaimed in the Canada Gazette. It seems to us that if any outside authority should be required to

bring this Bill, or any part of it, into operation, other than the usual authority which sanctions the Acts of this Parliament, the only authority to whose assent it should be submitted is His Majesty himself. Therefor I beg to move:

That a message be sent to the Senate in. forming their Honours that this House doth not concur in the amendments made by Their Honours to Bill No. Ill, to enable Canadians on active military service during the present war to exercise their electoral franchise, and that this House doth propose in lieu thereof that this Bill be amended by adding to subsection 2 of section 2 the following:

There shall be appointed by the Governor in Council six scrutineers, three to be so appointed upon the nomination of the Prime Minister and three upon the nomination of the leader of the Opposition; such appointments to he made nothin ten days of such nominations respectively. One of each nomination may be present at the distribution of ballot papers and envelopes, the marking of affidavits, the marking of ballots, the closing of envelopes and the posting of the same, and may exercise all the rights which may under the Dominion Elections Act be exercised by candidates or their representatives at any poll. The actual travelling and living expenses of such scrutineers, at a rate to be fixed by the Governor in Council, may be paid out of the Consolidated Revenue Fund, and they shall be afforded facilities for

the performance of their duties. The said scrutineers may name such number of deputies as they may deem necessary, and said deputies shall have and be entitled to exercise the powers herein above conferred on said scrutineers ;

And that in subsection 2 of section 2, the following words be inserted after the word "votes" in line 10 of the second page:

And shall give, in addition to the general notice, a special notice to any person whose ap pointment as a deputy scrutineer under the provisions hereinafter made has been notified to him, and shall permit any scrutineer or deputy scrutineer so named to be present at said proceedings, in the absence of any such scrutineer or deputy scrutineer on behalf of either party.

And further that the Bill be amended by adding immediately after section 3 the following:

3A. sections 2 and 3 of this Act shall not come into force until a proclamation by His Majesty in Council declaring them to be in force shall be published in the Canada Gazette.

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LIB

Wilfrid Laurier (Leader of the Official Opposition)

Liberal

Sir WILFRID LAURIER:

With regard to the first amendment, I would think there would be no objection either one way or the other; and if it is satisfactory' to the Government, I have no objection to it; but with regard to the second amendment, there is a principle involved. Do I understand that this Bill is to be sanctioned partly by the Governor General and partly by the King?

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?

Mr DOHERTY:

As I understand it, this Bill as a whole -will be sanctioned by the Governor General, but one of the provisions of it is that certain sections shall not come into operation until the assent of His Majesty in Council is expressed to it. This particular Bill itself provides a special condition for two sections of it being operative. The suggestion that came from the Senate was that the operation of these sections should be held up awaiting the expression of approval of one particular minister of His Majesty's Government. For reasons to which I need not again refer, we did not think it a right or proper thing to do, and for my part I do not think there is any necessity whatever for this provision for the assent of His Majesty; but because we want to go as far as we possibly can, perhaps even farther than we should, to avoid this legislation being defeated, we are willing to suggest to Their Honours of the Senate that in lieu of the provisions they suggest making the operation of the Bill subject to the assent of one of His Majesty's ministers, we should have a provision making it subject to the assent of His Majesty himself

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IND

William Findlay Maclean

Independent Conservative

Mr. W. F. MACLEAN:

Does not that mean that the British Cabinet would have to assume the responsibility for the operation of this legislation.?

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?

Mr DOHERTY:

It is made subject to the assent of His Majesty in Council, and the Parliament of Canada by this declares that it is willing, with regard to these two particular clauses, that they should not go into operation until His Majesty in Council, which as the !hon. gentleman says, is the British Cabinet, expressess approval in the manner provided in the Bill. As I said, it is not that it seems to us necessary or even, proper to make such provision, but we do attach .such great importance to avoiding the substantial withdrawal of this measure that we are willing to go to this, which I may describe as the extreme length, to .meet the views of the Senate, and to submit to, this condition imposed on us to the effect that this Act should not go into operation .solely because the Parliament of Canada so wills.

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Motion agreed to. . On the return of the Bill from the Senate, Mr, SPEAKER: I have the honour to inform the House that the Senate doth not insist on the amendments made to Bill No. Ill, intituled An Act to enable Canadians on active military service during the ' present war to exercise their electoral franchise, but doth concur in the amendments made by the House of Commons to the said Bill without any amendment.


DOMINIONS TO PARTICIPATE IN PEACE TERMS.

LIB

Wilfrid Laurier (Leader of the Official Opposition)

Liberal

Sir WILFRID LAURIER:

May I ask

whether the Government have any information to give to the House in regard to the despatch which has appeared in the press that the Dominions will be called upon to participate in the peace proposals?

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CON

George Eulas Foster (Minister of Trade and Commerce)

Conservative (1867-1942)

Sir GEORGE FOSTER:

The communication that appeared in the press is genuine.

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LIB

Wilfrid Laurier (Leader of the Official Opposition)

Liberal

Sir WILFRID LAURIER:

Is it too late to lay the official communication on the table of the House? Perhaps it might be given to the press.

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CON

George Eulas Foster (Minister of Trade and Commerce)

Conservative (1867-1942)

Sir GEORGE FOSTER:

It already has

been published.

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LIB

Wilfrid Laurier (Leader of the Official Opposition)

Liberal

Sir WILFRID LAURIER:

Substantially

as received?

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CON

George Eulas Foster (Minister of Trade and Commerce)

Conservative (1867-1942)

Sir GEORGE FOSTER:

Yes.

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PROROGATION.


A message from His Royal Highness the Governor General by the Gentleman Usher of the Black Rod: Mr. Speaker: His Royal Highness the Governor General desires the immediate attendance of your honourable House in the Chamber of the honourable Senate. Accordingly Mr Speaker, with the House, went up to the Senate Chamber. In the Senate Chamber: The Honourable the Speaker of the House of Commons addressed His Royal Highness the Governor General, as follows: May it please your Royal Highness: The Commons of Canada have voted the supplies to enable the Government to defray the expenses of the public service. In the name of the Commons, I present to Your Royal Highness the following Bills: An Act for granting .to His Majesty certain sums of money for the public service of the financial years ending respectively the 31st March, lljj 5, and the 31st March, 1916. An Act- for granting to His Majesty aid for military and naval defence, To which Bills I humbly request Your Royal Highness' assent. To these Bills the Clerk of the Senate, by His Royal Highness' command, did thereupon say: In His Majesty's name. His Royal Highness the Governor General thanks his loyal subjects, accepts their benevolence, and assents to these Bills. His Royal Highness the Governor General was then pleased to give, in His Majesty'-s name, the Royal Assent to the following Bills: An Act respecting a patent of John Millen and Son, Limited. An Act respecting Seed Grain, Fodder and other relief. An Act to amend the Yukon Placer Mining Act. An Act to amend the Gold and Silver Marking Act, 1913. An Act for the relief of Edith Marguerita Lyons. An Act to amend the Inland Revenue Act. An Act to amend the Government Railways Act and to authorize the purchase of certain railways. An Act to amend the Criminal Code. An Act for the relief of Cecil Howard Lambert. An Act to amend the Representation Act, 1914. An Act to amend the Adulteration Act. An Act to amend the Winding-Up Act. An Act to amend the National Transcontinental Railway Act. An Act to amend the Dominion Elections Act. An Act to amend the Dominion Controverted Elections Act. An Act to amend the Canada Grain Act. An Act to enable Canadians on Active Military Service during the present war to exercise their electoral franchise. . After whibh His Royal Highness the Governor General was pleased to close the Fifth Session of the Twelfth Parliament of the Dominion of -Canada with the following Speech: Honourable Gentlemen of the Senate: Gentlemen of the House of Commons: In relieving you for the present from your arduous duties I desire to thank you for the diligence and zeal with which you have discharged them, and especially for the timely and effective measures which you have taken for necessary co-operation with the United Kingdom and the other Dominions of His Majesty in the tremendous war which has been forced upon our Empire. It is my earnest prayer and my firm hope that the aid thus promptly and generously given will contribute, in no small measure, to that complete and unmistakeable success of the allied arms which alone can bring an honourable and lasting peace. As this great struggle proceeds there is no abatement in the intense earnestness and determination of the Canadian people to unite their efforts with those of all the British dominions for the maintenance of our Empire's integrity and for the preservation of its institutions and liberties. From Atlantic to Pacific the splendid respqnse to the call for men has fully equalled all anticipations. In common with all the people of this Dominion, I have been proud to leam that the Canadian soldiers have shown conspicuous bravery and efficiency in the field of battle, and that they have borne themselves worthily when fighting side by side with the best troops of the Empire. Gentlemen of the House of Commons: In His Majesty's name, I thank you for the liberal provision you have made for carrying on the affairs of the country and for meeting the necessities of the war under the trying conditions which it has brought about. Honourable Gentlemen of the Senate: Gentlemen of the House of Commons: I bid you now farewell, in the earnest hope that the terrible conflict in which the Empire is engaged may be brought to a speedy and favourable conclusion, and in the firm belief that our country under the blessing of Divine Providence, will then resume unchecked that career of marked progress and abundant prosperity which it is destined to enjoy. The Speaker of the Senate then said: It is His Royal Highness the Governor General's will and pleasure that this Parliament be prorogued until Tuesday, the 25th day of May next, to be here holden, and this Parliament is accordingly prorogued until Tuesday, the 25th day of May next. INDEX ,


FIFTH SESSION-TWELFTH PARLIAMENT, 1915.


Abbreviations.-1 r,, 2r., 2r-first. second, or third reading. Amdt.=Amendment. Com.= Committee. Con.-Consideration. Div.=Division. M.=Motion. Ref.= Reference. Rep.=Report. Res.=Resolution. Sec.=Section. Aberdeen Association-franking privilege, 1370 Achim, Mr. Honore (Labelle) Address in reply to Governor General's Speech Trade of Canada, 11 Members at the front, 12 Canada and the war, 13 Defence by Belgians, 14 Experimental farm for Eabelle, 2072 Address in reply to Governor General's Speech, 4 Adulteration Act Amendment Bill (Maple Sugar), lr., 1644. 2r., 1790. Com., 1790. 3r., 1993. See 2313 Adulteration of food-maple sugar, 1785 Aeroplanes, reported appearance of, 144 Agricultural implements. See Taxation Agriculture Agricultural Instruction Act, administration of, 2107 Animals, health of, 611, 1286, 2053, 2087, 2108 Bulletins, 2083, 2088, 2092 Cold storage, 2084 Dairying industry, 2080, 2103 Department Estimates, 1228-1242, 2055-2109 French language in, 2077 Salaries, 2055 Experimental farms, 2056 Hog cholera, 627 Horses, 1230, 2104. See War supplies Insect pests, 2078, 2109 Live stock, 309, 348, 2087, 2092, 2093, 2104 Meat and Canned Foods Act, 2090 Potatoes Diggers, tariff on, 1174 Embargo on, 719, 772, 991, 1229, 2078 Powdery scab in, 2078 Shipment regulations, 1229 Seed grain. See that title Seeds, improvement of, 2106 Aikins, Sir James A. M. (Brandon) Boots, army, 2442 Food exports, government control of, 537 Recruits' attestation papers, 1988 Alberta Military training area, 1557 Miners, unemployment of, 493 Oil leases, 48 Relief distribution, 242 Alert, revenue steamer, 1646 Aliens Assistance to, 1218, 2053 Deportation of, 2122 Interned at Petawawa, 828, 998 Registration of, 48, 1147, 1733 See Criminal Code Amendment Bill Allison. See War Ames, Mr. Herbert B. (Montreal, St. Antoine) Canadian patriotic fund, 394 Amherst Armoury, 389, 1395, 1977, 2035 Camp, 1290, 1395 Custom house, 1646 Post office, 436, 1396, 1975 Redstone Company, 1864 Ammunition, distribution of, 1652 Anderson, T. A., employment of, 605, 761, 996 Animals. See Agriculture Anticosti lightship, 309 Antigonish-Sherbrooke mail service, 46 Architect, Dominion chief, appointment of, 1958, 1961, 1966, 2184 Arichat mails, 1184 Armstrong, Mr. Joseph E, (East Lambton) Budget, 577 Record of the Government, 580 Reciprocity, 582 Naval affairs, 582 British preference, 584 Flax industry, 585 Volume i: 1-944 A Volume ii: 945-1783 Volume iii: 1785-2628



Armstrong, Mr. J. E. (East Lambton)-Con. Dominion elections-hours of polling, 1911 Inland navigation rates, control of, 43, 249 Taxation-gravel and sand, 1163 Arthurs, Mr. James (Parry Sound) Canadian patriotic fund, 402 Dominion elections, 1919 Astronomical observatory, western, 1585, 1893 Atlantic and Lake Superior railway, 1468 Atlases Dominion electoral, 2307 Immigration, 1576 Auditor General Office of-non-employment of French Canadians, 2318 Australia, steamship service to, 1292 Aviation school, 1989 Bagot county mail service, 141 Baie des Chaleurs railway, claims against, 518 Ball, Mr. R. J. (South Grey) Budget, 955 Government expenditure and employment, 955 War contracts, 956 Tariff and taxation, 956 The war and trade, 957 Dominion elections-hours of voting, 1914 Ballot, patent, allowance for, 1591 Bananas, tariff on, 1167 Bank Act Amendment Bill (loans for seed grain). Res., 1242. lr., 1246. 2r„ 1349. Com., 1349. 3r„ 1359. Banks and banking Borrowings from Government, 147, 476 Finance Act, 1914, continued, 477 Barker, Hon. Samuel (East Hamilton) War supplies-horses, 2103 Barnard, Mr. Geo. H. (Victoria, B.C.) Submarines, purchase of, 107 Titles to real estate, fraudulent, 1223 Bathurst harbour, 46 Battlefields, historic, 1716 Bedard, L., dismissal of, 1652 Belgium Emigration from, 632 Relief for, 1676 Bellemare, Mr. A. (Maskinonge) Budget-agricultural production and the war, 809 Intercolonial railway ties, 309 Benjamin, H., employment of, 241 Bennett, Mr. R. B. (Calgary) Bank loans for seed grain, 1356 Budget, 1089 Canada and the war, 1090 Fiscal policies, 1091 Expenditures on public works, 1094 Protection and free trade, 1096 Home market, 1097 British preference, 1101 Controverted elections, 1924, 2009, 2025 Dominion elections, 1899 Experimental farms, 2060 Ferguson, Mr. T. R., report of, on Department of Interior, 2592 Parliament, members of, and government contracts, 2141 Relief for western farmers, 73, 1336, 1338 Senate, the, 2336 Soldiers, votes for, 2233, 2261, 2274 Supreme Court jurisdiction, 2054 Taxation-insurance companies, 1179 War supplies-horses, 2096 Bennett, Mr. Wm. H. (East Simcoe) Canadian patriotic fund, 397 Freight rates, inland navigation, regulation of, 259 Grain shortages at elevators, 1946 Soldiers, votes for, 2257, 2475 Bickerdike, Mr. Robert (Montreal, St. Lawrence) Capital punishment, 42, 127, 281, 1763 Immigrants, inspection of, 1574 Prison reform, 1761 Binders, imports of, 1649 Blain, Mr. Richard (Peel) Budget, 794 British preference, 799 Trade of Canada, 800 Fertilizers, 801 War supplies, 802 Dominion elections, 1906, 1913 Blais, A., dismissal of, 1652 Blondin, Hon. P. E. (Minister of Inland Revenue) Excise goods in bond, transfer of, 1644 Maple sugar, adulteration of, 1644, 1790 Inland Revenue Department Appointment of temporary officials, 1644, 1868 Deputy Minister, pamphlet of, 1724 Estimates, 503-513, 1717-1727, 2313 Volume i: 1-944 Volume ii: 945-1783 Volume iii: 1785-2628


April 15, 1915