April 5, 1918

PRIVATE BILLS.

FIRST READINGS.


Bill No. 33, respecting Brazeau Collieries, Limited.-Mr. Buchanan. Bill No. 34, respecting The Canadian Northern Ontario Railway Company.-Mr. Morphy. Bill No. 35, respecting The Ottawa Gas Company.-Mr. Fripp. Bill No. 36, respecting Ottawa and Montreal Transmission Company, Limited.-Mr. Fripp. Bill No. 37, respecting The Toronto, Niagara and Western Railway Company.- Mr. Morphy.


THE WAR.

REGULATIONS FOR UTILIZING THE HUMAN ENERGY OF CANADA TO BEST ADVANTAGE-ORDER IN COUNCII.


On Motions being called:


UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Rt. Hon. Sir ROBERT BORDEN (Prime Minister):

I desire to bring t>

the attention of hon. members two Orders in Council which received the assent of His Excellency the Governor General yesterday, and both of which are of so important a character that they should be communicated directly to the House. The first is:

At the Government House at Ottawa, Thursday the 4th day of April, 1918.

Present:

His Excellency

The Governor General in Council:

Whereas it is necessary to enact suoh regulations as will utilize to -the hest advantage the human energy of Canada for purposes essential to the prosecution of the present war;

And whereas the need of men of military age to provide reinforcements for the Canadian Expeditionary Force, and1 the equally urgent

need for labour to assist in the production of food and of other articles essential for war. purposes, necessitate special provisions to the end that all persons domiciled in Canada shall, in the absence of reasonable cause to the contrary, engage in useful occupations under the regulations hereinafter set forth;

And whereas the (Minister of Agriculture is impressed with the necessity of enacting forthwith the regulations hereinafter set forth, which in his opinion will greatly assist in rendering available for the purpose of production labour which otherwise might not be secured;

And whereas the Minister of Militia and Defence also fully concurs in the enactment of such regulations;

And whereas these regulations are not intended to alfect any right of members of organized labour associations to discontinue their work in the employment in whch they have been engaged when such discontinuance is occasioned by differences actually arising between the employer and the employed. The purpose is to prevent persons capable of useful work from remaining in idleness at a time when the country most urgently requires the service of all human energy available.

His Excellency the Governor General in Council, on the recommendation of the Right Honourable the Prime Minister and under the powers vested in His Excellency in Council under the War Measures Act, 1914, and under all other powers His Excellency in Council, thereunto enabling, is pleased to make the following regulations and the same are hereby made and enacted accordingly:

Topic:   THE WAR.
Subtopic:   REGULATIONS FOR UTILIZING THE HUMAN ENERGY OF CANADA TO BEST ADVANTAGE-ORDER IN COUNCII.
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REGULATIONS.


1. Every male person residing in the Dominion of Canada shall be regularly engaged in some useful occupation. 2. In any proceeding hereunder it shall be a defence that the person is, (a) Under sixteen years or over sixty years of age. (b) A bona fide student proceeding with his training for some useful occupation. (c) A bona fide student in actual attendance at some recognized educational institution. (d) Usually employed in some useful occupation and temporarily unemployed owing to differences with his employer common to similar employees with the same employer. (e) Physically unable to comply with the provisions of the law as herein enacted. (f) Unable to obtain within reasonable distance any kind of employment which he is physically able to perform at current wages for similar employment. 3. Any person violating the provisions hereof shall be guilty of an offence and shall be liable on summary conviction before a Magistrate to a penalty not exceeding One Hundred dollars and costs, and, in default of payment, to imprisonment with hard1 labour for a period not exceeding six months in any common jail, or in any institution or on any farm owned by a municipality or province and declared by by-law or Order in Council respectively to be a public institution or farm for the purposes of this law, which said institution or farm for the purpose of this law shall be a common jail. 4. Where the proceedings in any case in which a fine is imposed under the authority hereof are instituted at the instance of any muinicipality or by any officer of a municipality, the fine shall be paid to the treasurer of such municipality; and where such proceedings are instituted at the instance of or by any provincial officer, such fines shall be paid to the provincial treasurer; and where such proceedings are instituted within a municipality by any other person, the fine shall be paid in equal portions to the treasurer of the municipality and the treasurer of the province; and where the place in which such proceedings are instituted is not within the boundaries of any municipality, the fine shall be paid to the provincial treasurer; and where the proceedings are outside the boundaries of any province, the fine shall be paid to the Receiver General of Canada. 5. Useful occupation and reasonable distance shall be questions of fact to be decided by the magistrate. 6. The magistrate may hear and consider other defences than those mentioned in section two. 7. "Magistrate", shall include Justice of the Peace, and Police Magistrate appointed by Provincial or Dominion authority.


MILITARY SERVICE ACT, 1917.

ORDER IN COUNCIL PROVIDING FOR ITS ENFORCEMENT CONSEQUENT ON DISTURBANCES IN QUEBEC CITY.


Rt. Hon. Sir ROBERT L. BORDEN (Prim© Minister): The other Order in Council which I desire to communicate to the House has relation to the recent unfortunate disturbances in the city of Quebec. It reads: At the Government House at Ottawa. Thursday the 4th day of April, 1918. Present: His Excellency The Governor General in Council. Whereas on the 28th day of March last the opposition of a large number of the population of the City of Quebec to the enforcement of the Military Service Act, 1917, and the regulations thereunder, broke out in open violence and serious riots ensued on that day and on subsequent days in which the rioters destroyed the office of the deputy registrar appointed for the District of Quebec under the said Act, and moreover caused great damage to other property, and threatened further damage, and it became necessary for the restoration of order, the protection of property and the preservation of the King's peace that these riots should be suppressed by military authority; And whereas at common law it is the duty of a military officer with the troops under his command to interefere, when such interference is necessary, to put down riot, insurrection or civil disturbance; And whereas it is provided by the Militia Act that the active militia of Canada may be called out on active service in aid of the civil power upon requisition of the civil authorities, and the King's regulations and Orders for the Militia contain certain directions for regulating the exercise of command and disposition of the troops upon such occasions ; And whereas notwithstanding that it was necessary as aforesaid for the preservation of the peace and to repress rioting that resort should be had to military force the civil authorities of Quebec made no requisition for the calling out of the Militia and the Officer Commanding therefore, acting manifestly in the general interest and for the protection of the public, and by direction of the Minister of Militia and Defence assumed the responsibility to command and direct the operations of the troops for the protection of life and property and the restoration of the peace ; And whereas it is expedient that the legality of such intervention, and of the proceedings of the military authorities consequent thereon, should be declared and affirmed, as it is hereby intended to be, and that provision should be made for such further action by military force as may be necessary for the preservation of law and order in the existing circumstances, or in similar cases in the future if they should unfortunately occur; And whereas for the reasons aforesaid it is expedient for the peace, order and good government of Canada that the effect and operation of law should be given to the provisions herein contained; Now therefore His Excellency the Governor General of Canada, by and with the advice of the King's Privy Council for Canada, in the execution of the powers conferred upon him by the War Measures Act, 1914, is pleased to provide, order and enact, and it is hereby provided, ordered and enacted as follows:- 1. If, in the opinion of the General Officer or the Officer Commanding the Military District in which any riot, insurrection or civil disturbance takes place, the circumstances be such as to demand or justify the intervention of the military power, it shall be competent to and within the authority of the General Officer or the Officer Commanding the said military district to issue orders for such intervention to the troops on service or on active service under his command, and with such troops to use such force as he may determine to be reasonably necessary to quell and suppress such riot, insurrection or civil disturbance and to restore the peace, whether or not any requisition be made upon or order given to such Officer or to any military authority by any civil magistrate or civil authority ; and the provisions of this section shall extend to and authorize and make lawful the intervention operations and proceedings of the Officer Commanding the troops in Quebec and the officers and troops under his command in the circumstances herein recited to quell and suppress the riots and disturbances at the City of Quebec on and subsequent to the 28th day of March last and to restore peace and order there. 2. In the case of any riot, insurrection or civil disturbance which takes place while the Military Service Act, 1917, is in operation, if the General Officer or the Officer Commanding any military district of Canada, order any troops on service, or on active service under his command, to be called out for the maintenance of public order, or for preventing obstruction to the due enforcement of the Military Service Act, 1917, and the regulations thereunder, the Governor in Council, may, within the affected area which he shall by order designate, supersede, or supersede to such extent as he may specify, until his further order, the jurisdiction and powers of the civil courts, and declare that within the said area the orders of the General Officer or of the Officer Commanding the troops shall in all respects be obeyed by the civil population, and that offenders against the law. or persons disobedient to such military orders, shall be tried and punished by courts-martial constituted in the manner hereinafter provided; and consequent upon any such order of the Governor in Council the provisions of the two next following paragraphs shall, until his further order, have effect:- (a) All persons within the said area shall be subject to military law, and the civil tribunals shall continue to exercise within or in respect of the aforesaid area only such powers and jurisdiction as shall not have been superseded or suspended by the Governor in Council; and the General Officer or the Officer Commanding the troops may constitute court-martial for the purpose of trying any person who is charged with any offense against the law, or with disobedience to any military order, within the said area; (b) The constitution, powers and procedure of any court-martial so constituted as aforesaid shall be the same as the constitution, powers and procedure of either a general or of a field .general court-martial; and any such court-martial shall have the .power, in addition to the ordinary powers possessed by a court so constituted, to impose any sentence which might be imposed in a like case by any civil court of the Province ; provided that a sentence imposed by any such court-martial shall not be executed until affirmed by the Governor in Council. 3. Notwithstanding anything contained in the Habeas Corpus Act, or in any other law or statute, and notwithstanding any right or remedy of habeas corpus or proceeding by way of habeas corpus, all persons in military custody within any area which shall have been designated as aforesaid, and all persons who may be captured, arrested or taken into military custody whether within or not within any such area during or in .consequence of any riot or insurrection, shall .be held, detained and remain in such custody without bail, inquiry or main-prise until released by direction of the Minister of Militia and Defence or delivered by his order to the civil authorities. 4. Any male person who takes part in any riot, insurrection or civil disturbance, incited, instigated or caused by way of opposition to the enforcement of the Military Service Act, 1917, or the regulations thereunder, shall if declared or found guilty of so doing by sentence of a court-martial or of a competent civil court, be deemed to have been called out for military service under the said Act, whether or not he be within any class of persons which has been called out for military service by proclamation, or within any class of persons to which the said Act or regulations apply, or within any of the exceptions of the schedule to the said Act; and he shall by reason of such offence forfeit any exemption or claim to exemption to which he would otherwise be entitled, and be liable forthwith to military service in all respects as if finally selected therefor and required to report for duty under the provisions of the said Act and regulations; provided that if any male person be captured, arrested or taken by military authority during the continuance of any such riot, insurrection or civil disturbance, while taking part or having taken part therein or while being present thereat to encourage, or assist the rioters, he shall be liable forthwith to such military service as aforesaid without any further or other warrant or proceeding than the certificate of an officer in command of the body of militia



effecting the capture, arrest or taking that he was so captured, arrested or taken in the circumstances aforesaid. 5. Any male 'person who (a) Wilfully prevents, impedes or obstructs, or attempts to prevent, impede or obstruct, or engages or takes any part in any riot, insurrection or civil disturbance, or breach of the King's peace against the enforcement or carrying out of the Military Service ActK 1917, or any of the provisions of the said Act, or any regulation thereunder; or (b) Wilfully with violence, or attempted violence or otherwise obstructs, assaults, intimidates or interferes with, or attempts to obstruct, assault, intimidate or interfere with any officer or person, or the property or premises occupied by any officer or person charged with the execution of any duty under the Military Service Act, 1917, or any regulation thereunder; or (c) Incites, counsels, encourages, or assists any person to disobey or to refrain from executing any lawful order or direction made under or in pursuance of the said Act or any regulation thereunder; shall upon conviction of any such offence, in addition to any other penalty therefor by law provided, thereby ipso facto become liable to military service under the said Military Service Act to the extent and in the manner provided in the fourth section of these regulations and as if finally selected for military service and required to report for duty under the provisions of the Military Service Act, 1917, and the regulations thereunder.


THE QUEBEC DISTURBANCES.

MOTION OF MR. J. A. CURRIE FOR LEAVE TO ADJOURN THE HOUSE TO DISCUSS.


On the Orders of the Day:


UNION

John Allister Currie

Unionist

Mr. J. A. CURRIE (North Simeoe):

Mr. Speaker, I have the honour to ask leave to move the adjournment of the House for the purpose of discussing a definite matter of urgent public importance, namely, the rioting, agitation, disturbances and non-observance of the law in Quebec together with all the circumstances, conditions and causes near and remote having any bearing on or connection therewith.

Topic:   THE QUEBEC DISTURBANCES.
Subtopic:   MOTION OF MR. J. A. CURRIE FOR LEAVE TO ADJOURN THE HOUSE TO DISCUSS.
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UNION

Edgar Nelson Rhodes (Speaker of the House of Commons)

Unionist

Mr. SPEAKER:

This motion is made under Rule 39, and I shall take the liberty of adding that fact to the motion. Under Rule 39, subsection 4, it is my duty to determine as to whether, in the first instance, a motion so proposed is in order. It does seem to me that in view of all the circumstances the motion of the hon. member is peculiarly within the meaning and scope of this rule and, in my judgment, it is in order. Having so ruled, my responsibility ends. There is a further question as to the propriety, or perhaps I had better say the desirability, of discussing a matter of such grave importance. That is for the House, and I shall submit the question to the House as

to whether it is their wish that the hon. gentleman should proceed. Is it the pleasure of the House that the hon. gentleman have leave to move this motion?

Topic:   THE QUEBEC DISTURBANCES.
Subtopic:   MOTION OF MR. J. A. CURRIE FOR LEAVE TO ADJOURN THE HOUSE TO DISCUSS.
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?

Some hon. MEMBERS:

No.

Topic:   THE QUEBEC DISTURBANCES.
Subtopic:   MOTION OF MR. J. A. CURRIE FOR LEAVE TO ADJOURN THE HOUSE TO DISCUSS.
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UNION

Edgar Nelson Rhodes (Speaker of the House of Commons)

Unionist

Mr. SPEAKER:

The rule says: those in support of the request of the hon. member will please rise.

And twenty-one members having risen, in their places.

Topic:   THE QUEBEC DISTURBANCES.
Subtopic:   MOTION OF MR. J. A. CURRIE FOR LEAVE TO ADJOURN THE HOUSE TO DISCUSS.
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April 5, 1918