June 26, 1951

LIB

James Garfield Gardiner (Minister of Agriculture)

Liberal

Mr. Gardiner:

That will be for them to say. un^ess someone raises the question.

They can submit it to the court in their own Mr. White (Hasiings-Peterborough): Is there province. I suppose from that point if an anything in section 6 or anywhere else in appeal were taken it would be taken to the the bill that gives the governor in council supreme court, and, if there still is an appeal authority to make regulations prohibiting or to the privy council, from the supreme court controlling the export of cheese made from to the privy council. milk in the usual way?

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
LIB

George Alexander Cruickshank

Liberal

Mr. Cruickshank:

I have not received the answer yet that I am looking for. The provinces had nothing at all to do with the margarine decision. There was a great lobby put on to permit the sale of margarine in Canada; therefore the matter of the legality of legislation which permitted the sale of this so-called substitute for butter was submitted to the supreme court for a decision.

I am assuming that this bill is entirely in the interests of the dairymen, but I do not know whether that is so or not-and neither do any other members, including even the legal minds in the house, and I am not one of them, because I come from a farming district. However, no legal mind in the house knows. I admit we have here some brilliant members of the bar; but if they can pick up this bill and, in two minutes, tell me whether it is legal or not, then they are better lawyers than I think they are-and they are all overpaid.

What I am asking is this: if a department of agriculture in a province takes exception to what is in the bill, can it go further? I would point out that it was not the provincial governments that submitted the bill that permitted the ruination of the dairy farmer through the sale of margarine. It was the federal government that submitted that measure to the Supreme Court of Canada for decision.

I would repeat my question: if a department of agriculture in a province takes exception to the legality of the bill, will it be submitted to the supreme court for decision?

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
LIB

James Garfield Gardiner (Minister of Agriculture)

Liberal

Mr. Gardiner:

I should add that the final decision of the privy council was reached as a result of the fact that the farm organizations took it there. It was not the government that took it there, but rather the farm organizations, and the department of the Minister of Justice supported the farm organizations in their argument. I believe it was Mr. Milliken who represented the farm federation before the privy council in arguing the case.

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
LIB

James Garfield Gardiner (Minister of Agriculture)

Liberal

Mr. Gardiner:

No. I cannot conceive of anything being in the act that does that, and I do not know of any reason why we should want to do it.

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
PC

John George Diefenbaker

Progressive Conservative

Mr. Diefenbaker:

Has the minister not that power under section 5, subsection 1(b), which says that the governor in council may by regulation prohibit export out of Canada of a dairy product unless it complies with the prescribed standards?

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
LIB

James Garfield Gardiner (Minister of Agriculture)

Liberal

Mr. Gardiner:

That is on the standards alone. For example, Britain says: We want white cheese only. They have said that over the years when they are buying. We have suggested that cheese should be made white if it is going to be exported to Britain. Last year, when we were requisitioning cheese, we insisted on the cheese being made white. There are conditions of grade or quality that apply when there is export of cheese or when it is moved from one province to another, but only then. We cannot prevent them from making it in any form whatsoever, or from grading it in any way whatsoever, so long as it is disposed of in the province.

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
PC

John George Diefenbaker

Progressive Conservative

Mr. Diefenbaker:

But you can prevent them from exporting it.

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink

Section agreed to. On section 7-Administration.


PC

A. Earl Catherwood

Progressive Conservative

Mr. Catherwood:

In the carrying out of this act, will any additional graders and inspectors be required?

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
LIB

James Garfield Gardiner (Minister of Agriculture)

Liberal

Mr. Gardiner:

No, I do not think so. Up to now I think we have had all that we have needed. We make use of the provincial inspectors; the provinces make use of our inspectors, and the two put together make enough staff at the moment. If there is more production, of course we would require more staff.

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
PC

George James Tustin

Progressive Conservative

Mr. Tustin:

A while ago I understood the minister to say that all or practically all the grading was done by provincial inspectors. Is the standard set by the provincial inspectors accepted by the department and by the federal inspectors?

Criminal Code

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
?

Mr, Gardiner:

I think it works the other way round. If a province is not exporting or is not interested in exporting, it does as it likes. But if it is going to export from one province to another-using the word "export" in that sense-then it must meet the conditions that are required in the other province. Over the years our work has been to keep that standard the same in all the provinces. So far as I know, they are the same at present. I think the last province to come in was Ontario. They had their own system, their own methods and their own grades, because they sold practically all their dairy products in Ontario. Since I became minister they agreed to the standard that we set, and now I think that right across Canada it is pretty well agreed.

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink

Section agreed to. Sections 8 to 14 inclusive agreed to. Title agreed to. Bill reported.


LIB

Joseph-Alfred Dion (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

Mr. Deputy Speaker:

When shall the bill be read the third time?

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
?

Some hon. Members:

Now.

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
CCF

Stanley Howard Knowles (Whip of the Co-operative Commonwealth Federation)

Co-operative Commonwealth Federation (C.C.F.)

Mr. Knowles:

By leave.

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
LIB

James Garfield Gardiner (Minister of Agriculture)

Liberal

Mr. Gardiner moved

the third reading of the bill.

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
LIB

Joseph-Alfred Dion (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

Mr. Deputy Speaker:

Is it the pleasure of the house to adopt the motion?

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink
LIB

George Alexander Cruickshank

Liberal

Mr. Cruickshank:

On division.

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

Topic:   CANADA DAIRY PRODUCTS ACT
Subtopic:   ESTABLISHMENT OF NATIONAL STANDARDS
Sub-subtopic:   REGULATION OF TRADE
Permalink

CRIMINAL CODE

June 26, 1951