August 11, 1917

LIB

James Joseph Hughes

Liberal

Mr. J. J. HUGHES:

Liquor is imported in packages and every device is used to prevent officers knowing there is liquor in the package. It is imported in flour barrels, boot boxes and so on. I should like to see power given an officer to open a package that he thought might contain liquor, and to have it provided that he should not be liable to any penalty in consequence. I do not know whether that power could be given to him by this Act or by provincial legislation. You give the officer power to search premises and remove any intoxicating liquor in packages, and so on. I suggest that you add the following words:

And may open and examine the contents of any package or packages which he thinks may contain intoxicating liquor.

Topic:   SALE OR USE OF INTOXICATING LIQUORS.
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CON

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

Conservative (1867-1942)

Mr. DOHERTY:

He is enabled, under this section, to seize and remove any intoxicating liquor or any packages containing the same. I do not think there is any doubt about his power to open and examine packages. The section states that if he has reason to believe there is any liquor on any premises, he has power to enter and search such premises. I would have no doubt that a man entitled to search a place to find a particular thing is entitled to search every receptacle on the premises.

Topic:   SALE OR USE OF INTOXICATING LIQUORS.
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LIB
CON

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

Conservative (1867-1942)

Mr. DOHERTY:

Yes.

Topic:   SALE OR USE OF INTOXICATING LIQUORS.
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LIB

James Joseph Hughes

Liberal

Mr. J. J. HUGHES:

If he is mistaken, he is not liable to a penalty?

Topic:   SALE OR USE OF INTOXICATING LIQUORS.
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CON

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

Conservative (1867-1942)

Mr. DOHERTY:

No man is liable to a penalty for doing that which the law authorizes him to do.

Section adopted.

On section 4 (c)-Operation of Canada Temperance Act may be suspended upon petition:

Topic:   SALE OR USE OF INTOXICATING LIQUORS.
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LIB

Frank Broadstreet Carvell

Liberal

Mr. CARVELL:

Does this meet the condition of affairs in New Brunswick at the present time? Petitions have been sent to

the Government from a great many counties in New Brunswick.

Topic:   SALE OR USE OF INTOXICATING LIQUORS.
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CON

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

Conservative (1867-1942)

Mr. DOHERTY:

It is at the instance of the people promoting those petitions that this legislation is proposed.

Topic:   SALE OR USE OF INTOXICATING LIQUORS.
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LIB

Frank Broadstreet Carvell

Liberal

Mr. CARVELL:

There are petitions asking for the repeal of the Canada Temperance Act, in order that the prohibitory Act of New Brunswick may come into force, and this Order in Council will make unnecessary the holding of an election in these respective counties, but we can have the Prohibition Act brought into force by means of passing this Order in Council.

Topic:   SALE OR USE OF INTOXICATING LIQUORS.
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CON

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

Conservative (1867-1942)

Mr. DOHERTY:

The petitions for this provision came from other provinces, but principally from New Brunswick, and I intend to move an amendment to this section, to make it quite clear that this applies not only to petitions which are received after this Bill becomes law, but also to pending petitions. I am not quite sure that it is necessary.

Topic:   SALE OR USE OF INTOXICATING LIQUORS.
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LIB
CON

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

Conservative (1867-1942)

Mr. DOHERTY:

If it is good for a

petition received to-morrow, it is good for a petition which came in last week. I move that we amend section 4 (c) of section 3, by adding the words:

The present subsection shall apply to petitions already made, and upon which no polling has as yet taken place.

Topic:   SALE OR USE OF INTOXICATING LIQUORS.
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LIB

Amendment agreed to, and subsection as amended agreed to. On subsection 4 (d)-Penalty for selling alcoholic beverages as medicines not to affect liability under provincial laws:


CON

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

Conservative (1867-1942)

Mr. DOHERTY:

That is only to meet the complications that have arisen. We have provisions in the Proprietary Medicines Act imposing penalties where, under guise of proprietary medicines, decoctions containing more than a certain amount of alcohol are sold. There have been cases where such preparations were purely and simply alcoholic beverages, and some of the courts have held that because of the provisions in the Proprietary Medicines Act the party could not be prosecuted undeT the Prohibition Act of the province. Under the last-mentioned Act the penalty is heavier than under the Proprietary Medicines Act, and this enactment simply means that the penalties imposed under the Proprietary Medicines Act could not be treated as in substi-279J

tution for penalties in cases where the same act constituted the violation of the provincial law; so that, where an- act is a violation of the Proprietary Medicines Act and a violation of the Provincial Prohibitory Act, you may prosecute under the one Act or the other.

Topic:   SALE OR USE OF INTOXICATING LIQUORS.
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Section agreed to. Bill ae amended reported, and read the third time and passed. On motion of Sir George Foster, the House adjourned at 6.10 p.m. Monday, August 13, 1917.


August 11, 1917