Mr. BENNETT:
Look at the words "to
make any entry."
Mr. RINFRET:
I think the Minister of
Justice has explained it; if the omission has been made by some person it must be without cause.
Mr. BENNETT:
The words "to make any entry " can hardly follow what precedes them and make sense.
Mr. ELLIOTT:
It is the omission to make an entry, that is the grievance.
Mr. BENNETT:
That is not what it says.
Mr. ELLIOTT:
It says "any person
aggrieved by any omission."
Mr. LAPOINTE:
It would be clearer if
there were two subsections instead of one.
Mr. BENNETT:
It is not expressed very clearly.
Mr. RINFRET:
I might say that the
amendment is quite satisfactory to the exchequer court.
Mr. BENNETT:
It is not usual to have
the antecedent judgment of the judicial branch of government before a case is submitted.
Mr. RINFRET:
I humbly admit that
my legal attainments do not induce me to prefer my own judgment to that of the statute and the exchequer court; I have been led by their representations.
The CHAIRMAN:
Shall I report the bill?
Mr. BENNETT:
No. Let the Prime Minister, who is not a lawyer (but who has had legal training, look at the section, and I ask the Minister of Justice to note the words "the Exchequer Court of Canada may"-
Mr. LAPOINTE:
It is the grammar rather than the law which is reprehensible.
Mr. BENNETT:
I quite agree with the
minister. The section in the Trade Mark and Design Act reads:
The Exchequer Court of Canada may, on the information of the attorney general, or at the suit of any person aggrieved by any omission, without sufficient cause, to make any entry in the register of trade marks or in the register of industrial designs, or by any entry made without sufficient cause in any such register, make such order for making, expunging or varying any entry in any such register as the court thinks fit; or the court may refuse the application.
Difficulties have frequently arisen in the revising of statutes, and I am quite certain thiat if I took the time to turn up the original statute I would find this section expressed a little differently. I think the Prime Minister will agree with that.
Mr. MACKENZIE KING:
It seems to be rather badly mixed up.
Mr. RINFRET:
I will leave the 'bill in
committee for further consideration.
Mr. BENNETT:
I think that is desirable.
Mr. RINFRET:
I -move that the committee rise and report progress.
Progress reported.