May 16, 1922

CRIMINAL CODE AMENDMENT


Sir LOMER GOUIN (Minister of Justice) moved for leave to introduce Bill No. 93 to amend the Criminal Code. He said: This bill is a short one, and the principal clauses in it contain amendments raising the ages of girls, in the case of indecent assault, from 14 to 16, and carnally knowing from 14 to 16; removing the words "of previous chaste character" in the latter case; and repealing an amendment inserted in the Senate in 1920 that in the case of seduction and for carnally knowing a girl between 14 and 16 the trial judge may instruct the jury that, if in their view the evidence does not show that the accused is wholly or chiefly to blame for the commission of the offence, they may find a verdict of acquittal. These provisions were all passed by the House of Commons last year but were rejected in the Senate. In addition to these there is a provision extending the provisions about bribing police officers to police commissioners; and one correcting a technical error with respect to section 244. This section imposes a penalty for the offences mentioned in the three preceding sections, but by an amendment some sections were added to the code and inserted in the middle of these three sections so as to raise a doubt as to the application of section 244. There is a provision to protect English hall marks on gold and silver; a provision to remove a doubt as to what the maximum penalty should be for stealing an automobile; an amendment to the section with respect to the carriage of animals by railways, to do away with the necessity of getting a written request from the owner to enable the railway to keep the animals the maximum time in the cars, that is, 36 hours; a repeal of the section giving the clerk and deputy clerk of the peace at Montreal and Three Rivers certain powers of justices-the repeal of this section has been requested by the Attorney General's Department of Quebec-a provision giving municipalities of Ontario the j fines when they bear the expense of administering the law under which the same are imposed instead of paying them to the province as at present; and an amendment extending the provisions of section 1038, which enables certain penalties to be recovered by civil process, so as to make it include corporations. Motion agreed to and bill read the first time.


OPIUM AND NARCOTIC DRUG ACT


Hon. H. S. BELAND (Minister of Health) moved that the House do to-morrow go into Committee of the Whole to consider a certain proposed resolution concerning amendments to: The Opium and Narcotic Drug Act, chapter 17 of the statutes of 1911, as amended by chapter 31 of the statutes of 1920 and chapter 42 of the statutes of 1921. Motion agreed to.


GRAIN TRADE

JUDGMENT OF THE MANITOBA COURT OF APPEAL


On the Orders of the Day:


LIB

Lomer Gouin (Minister of Justice and Attorney General of Canada)

Liberal

Sir LOMER GOUIN (Minister of Justice) :

Reference was made yesterday by the leader of the Opposition (Mr. Meighen) to a question which was put to the Government some days ago in regard to a certain judgment which was rendered by the Court of Appeal of Manitoba in connection with the Canada Grain Act. As soon as I came into possession of the judgment and the notes of the judges I studied the case. I had a conference with my colleague the Minister of Trade and Commerce (Mr. Robb) and the member for Saltcoats (Mr. Sales), to whom I intimated my views of the case. They both requested an opportunity of meeting the members of the board before anything should be decided upon. I acceded to the request and was governed accordingly. The members of the board, I may say, arrived in Ottawa this morning, or last night. This morning they had a conference with the Minister of Trade and Commerce at which I understand, the member for Saltcoats was also present. They informed me a few minutes before the opening of the House to-day that they had not yet arrived at any final decision but would come to a conclusion during the course of the day. To-morrow, therefore, I hope to be in a position to make a statement to the House as to what decision the Government will take in the matter.

Supply Bill

Topic:   GRAIN TRADE
Subtopic:   JUDGMENT OF THE MANITOBA COURT OF APPEAL
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ASSINIBOINE RIVER FLOODS


On the Orders of the Day:


PRO

Harry Leader

Progressive

Mr. HARRY LEADER (Portage la Prairie):

I desire to call the attention of

the House and of the Government to a matter of great concern to the province of Manitoba. I refer to the overflowing of the river Assiniboine. As hon. members have no doubt read in the papers, a great deal of land has been flooded in the constituency of Brandon, and the destruction has spread further east until now Portage la Prairie, which I have the honour to represent, is affected. I have no definite information as to the total destruction caused by the flood, but it will be seen from the press reports that considerable damage has already been done. Carcasses of horses, cattle and pigs, and the wreckage of granaries and outbuildings are to be seen floating down the river. Last night I sent a telegram to the editor of The Free Press at Winnipeg with a view to securing some information that I might submit to Parliament, but unfortunately I have not yet received an answer. However, as I have said, considerable damage has been done already, and perhaps there will be further destruction still. I would not bring this matter to the attention of the House if I did not think it my duty to do so. I believe that the federal government in the past has spent sums of money in building dykes along this river to keep back the flooding waters in the spring. I do not know how much they have spent for the purpose, but the fact is that they have expended money on this work, and I believe they assumed responsibility for the waters flooding the country. I have nothing to suggest, but I think it would be all right if the Government would

Topic:   ASSINIBOINE RIVER FLOODS
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LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

Order. I would ask the hon. member to kindly put his question to the Government as tersely as possible. There can be no argument on the Orders of the Day.

Topic:   ASSINIBOINE RIVER FLOODS
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PRO

Harry Leader

Progressive

Mr. LEADER:

The question I would ask the Government is this: Do they intend to do anything to alleviate the sufferings of those people along the Assiniboine river?

Topic:   ASSINIBOINE RIVER FLOODS
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LIB

William Lyon Mackenzie King (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Liberal

Hon. W. L. MACKENZIE KING (Prime Minister) :

I would inform my hon. friend (Mr. Leader) that the Government has already taken notice of the matter to which he refers. The hon. Minister of Public Works (Mr. King) has had a re-

port made by the officers of his department, and the hon. Minister of Agriculture (Mr. Motherwell) has already advised the provincial authorities that any officers of his department in the West will be available for such services as it may be in their power to render. The matter is receiving the attention of the Government; more than that I cannot say at the moment.

Topic:   ASSINIBOINE RIVER FLOODS
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PRO

Harry Leader

Progressive

Mr. LEADER:

I am pleased to accept the hon. Prime Minister's statement, and I hope he will be able to do something for those settlers.

Topic:   ASSINIBOINE RIVER FLOODS
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SUPPLY-CONCURRENCE


The House proceeded to consider certain resolutions reported from Committee of Supply. Annual Drill, $1,400,000.


PRO
LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

Evidently the error is copied from the Votes and Proceedings. It shall be corrected.

Topic:   SUPPLY-CONCURRENCE
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PRO

Thomas Wakem Caldwell

Progressive

Mr. CALDWELL:

If this item is copied from the estimate there may be a possibility of similar mistakes occurring. The items are read so rapidly that it is impossible to follow them from the Estimates; one has to rely on his memory.

Topic:   SUPPLY-CONCURRENCE
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May 16, 1922