August 11, 1917

CON

Francis Cochrane (Minister of Railways and Canals)

Conservative (1867-1942)

Mr. COCHRANE:

No, I do not.

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
LIB

James Joseph Hughes

Liberal

Mr. HUGHES:

The minister said that he was going on with his work.

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
CON

Francis Cochrane (Minister of Railways and Canals)

Conservative (1867-1942)

Mr. COCHRANE:

No, I did not.

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
LIB

James Joseph Hughes

Liberal

Mr. HUGHES:

Standardizing the Prince Edward Island railway to enable food products where they are in abundance to reach the markets of the world, may fairly be classed as a war measure as well as a trade measure.

Amendment (Mr. J. J. Hughes) lost on division.

On the schedule-

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
CON

Francis Cochrane (Minister of Railways and Canals)

Conservative (1867-1942)

Mr. COCHRANE:

With regard to the

motion to strike out the schedule and substitute an amended schedule, I desire to add to the amendment the following:

Sections 371 to 373, both inclusive, and 381 and also the following provision at the end of the schedule:

Provided that no prosecution for the imposition of any fine or penalty under section 439 of the Railway Act as applied to Government railways shall be brought except upon the consent of the Board

Schedule as amended, agreed to.

On the Preamble:

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
LIB

Edward Mortimer Macdonald

Liberal

Mr. MACDONALD:

Do I understand that the minister will not provide for permitting actions to be brought against the railway in the name of the general manager for fire3 and all the other claims which may arise? In other words, will he not remove the limitation of $500?

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
CON

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

Conservative (1867-1942)

Mr. DOHERTY:

That is another Act

altogether. We shall have to consider that.

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
LIB

Edward Mortimer Macdonald

Liberal

Mr. MACDONALD:

The situation is

that you have the Government Railway Act-

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
CON

Francis Cochrane (Minister of Railways and Canals)

Conservative (1867-1942)

Mr. COCHRANE:

That does not come

under the Government Railways Act.

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
LIB

Edward Mortimer Macdonald

Liberal

Mr. MACDONALD:

But my hon. friend

will never have a better opportunity for doing away with this isolated (Act and amending the Government Kailway Act by simply maintaining the Tight of action against the general manager. One of the great advantages in regard to this Act, which relates to the Railway Commission, is the fact that it extends the remedy of parties who have met losses or damages or have had business connection with the Toad; it enables them to invoke the aid of the court.

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
CON

Francis Cochrane (Minister of Railways and Canals)

Conservative (1867-1942)

Mr. COCHRANE:

They can do that now.

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
LIB

Edward Mortimer Macdonald

Liberal

Mr. MACDONALD:

No. On the Intercolonial railway you have to go to the Exchequer Court.

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
CON

Francis Cochrane (Minister of Railways and Canals)

Conservative (1867-1942)

Mr. COCHRANE:

Well?

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
LIB

Edward Mortimer Macdonald

Liberal

Mr. MACDONALD:

Why will not the

minister agree? Why should he deal with the thing piecemeal? I know that the Department of Justice have always been slow in regard to this matter, why I do not know. If the minister is going to do this, he ought to do it right. It does not make any difference to him, but he is preventing the application of those sections of the Act which really aTe of advantage to the district through which the railway runs. There is no need for taking two bites of a cherry.

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
CON

Francis Cochrane (Minister of Railways and Canals)

Conservative (1867-1942)

Mr. COCHRANE:

You did not want any of the cherry yesterday.

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink
LIB

Edward Mortimer Macdonald

Liberal

Mr. MACDONALD:

My hon. friend is surely not complaining when, in the best possible humour, I am trying to help him make a good Act. He does not want to fight with me all the time. I am anxious only to get the best Bill we can, and I submit that it is no unreasonable request.

Bill reported.

Topic:   GOVERNMENT RAILWAYS ACT AMENDMENT.
Subtopic:   CONSIDERATION OF THE BILL IN COMMITTEE.
Permalink

CRIMINAL CODE AMENDMENT-INSURANCE.


On motion of Hon. C. J. Doherty, the House went into committee on Bill No. 54, to amend the Criminal Code respecting insurance. Mr. Rainville in the Chair. On section 1, soliciting for insurance forbidden except as permitted in proviso.


LIB

Frank Broadstreet Carvell

Liberal

Mt. CARVELL:

Would the minister state the purport of this section?

Topic:   CRIMINAL CODE AMENDMENT-INSURANCE.
Permalink
CON

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

Conservative (1867-1942)

Mr. DOHERTY:

This Bill is really complementary or supplementary to the Insurance Bill which has gone through the

House. The Insurance Act imposes upon companies subject to Dominion jurisdiction the obligation of taking out licenses. That Bill provides no penalty for failure to take out a license. It is being dealt with as a matter of criminal law because there have been some difficulties with regard to the legislative competency of this Parliament over the carrying on of the business of insurance. It may be suggested that if the n\atter he dealt with otherwise than from the point of view of criminal law, objection may be taken to the competency of Parliament, which objection would -disappear once it was quite clear that Parliament approached the matter looking at failure to comply with the obligations imposed as constituting public wrong. The obligation already exists under the Insurance Act; this is merely to provide a penalty in the event of non-fulfilment of the obligation.

Topic:   CRIMINAL CODE AMENDMENT-INSURANCE.
Permalink

August 11, 1917