Mr. Smith (Calgary West):

This section reads as follows:

Where at any time after a trial by court martial commences and before the finding of the court martial is made, it appears that there is sufficient reason to doubt whether the accused person is then, on account of insanity, capable of conducting his

defence, an issue shall be tried and decided by that court martial as to whether the accused person is or is not then, on account of insanity, unfit to stand or continue his trial.

The section states that whenever at any time, after a trial commences this appears, then the issue shall be tried. Is that just the usual criminal procedure, making a distinction between insanity at the time of the trial, which will affect the continuation of the trial, and insanity at the time the offence is committed? I gather that somewhere, perhaps subsequently, that other branch of it is taken care of.

Mr. Claxion:

Yes, the hon. member's assumption is quite right. This section 166, subsection 1, is practically identical with section 967 of the Criminal Code, and is intended to perform the same function. Section 167 deals with a case where the accused was insane when the offence was committed.

Mr. Smith (Calgary West):

As to the question of whether or not he is sane enough to stand his trial at the moment, are there any special provisions for the examination of witnesses? In other words, all military units have medical officers or M.O.'s, as I think they are called. Is there anything in the act with respect to the evidence necessary to come to that conclusion of insanity at the time of trial?

Mr. Claxton:

The provision is exactly the same as in the Criminal Code.

Mr. Smith (Calgary West):

It is just the same?

Mr. Claxton:

Yes. It has to be tried as an issue. The usual practice of course is to have specialists in that kind of medicine give evidence in addition to the ordinary medical officers. .

Mr. Smith (Calgary West):

That, of course, is so. But I was asking if there is any special provision, for this reason. With regard to a man on an insanity plea-that would be at the time the offence was committed-our courts have said that there is no occasion whatever, and I mean that it is not a "must", to call expert or medical evidence with respect to the question. The English judges have gone so far as to say that if a man is crazy, to use their expression, no one knows it as well as his friends and neighbours, and that they rely greatly on conduct as observed by his friends and neighbours. What I have in mind is this. The other day we were discussing something in the house at the suggestion of the hon. member for Lanark. We put into the act-and I have just forgotten the name of the act which was under discussion-a provision that certain things might

happen on satisfactory evidence of insanity being given. Perhaps . the minister may remember the incident. It took place only a few days ago in the house here. My memory is so bad that I cannot remember just what it was. In any event, the authorities have not seen fit to specify in any way the kind of evidence upon which you might act?

Mr. Claxton:

No.

Mr. Smith (Calgary West):

They have left it the same?

Mr. Claxton:

Any evidence that may be relevant.

Mr. Smith (Calgary West):

I just blew my no:e, Mr. Chairman, and lost twelve sections. Is this the new appeal board that has been created?

Mr. Claxton:

Yes, sir.

Mr. Claxton moved

the third reading of the bill.

He said: I should like to express to hon. members what I think everyone must feel, and that is appreciation of their co-operation. I should also like to acknowledge the fair and appreciative remarks made by hon. members with regard to the officers of the services, and I am sure they will include the officers of the Department of Justice also who, as I think all hon. members will agree, have done a really great work in preparing this monumental piece of legislation. I shall be glad indeed to convey to these officers the messages of appreciation that hon. members have voiced, and to add my own on this occasion as on others. In addition, I should once more like to thank the members of the committee, and particularly the chairman, for the excellent job they did in preparing the bill for our consideration which, I think, was probably record-breaking in view of the fact that we have been one hour and five minutes on the 251 sections.

Motion agreed to and bill read the third time and passed.

Indian Act INDIAN ACT

Hon. W. E. Harris (Minister of Citizenship and Immigration) moved

that the house go into committee to consider the following resolution:

That it is expedient to introduce a measure to amend, consolidate and clarify the Indian Act, and to provide, inter alia, for band funds and expenditures therefrom, and for other appropriations in case of deficiency or lack of band funds.

Motion agreed to and the house went into committee, Mr. Dion in the chair.

The Chairman:

Shall the resolution carry?

Mr. Low:

Is the minister not going to make a statement?