August 11, 1917 (12th Parliament, 7th Session)


Daniel Duncan McKenzie



I see that the minister stands iby the Act, but I wish to point out to him as a lawyer who has had a good deal of practice in matters of this kind, that to send a man up under an indictment is a very serious matter. If a man is brought up with a view to his being indicted under this Act he comes before the magistrate or he elects to fake the privilege which the minister points out. Then the magistrate has to send him to jail. He (applies for bail. The magistrate has no power to take bail. If he is brought before a magistrate under this Act and he says: " I will not agree to be tried summarily before you, I want to be tried by a jury," what must the magistrate do? He must send him to 'jail. If he is sent to jail he must

get an order from a county court judge to get bail. It is true that there is a provision by (which the magistrate is permitted to say: " The evidence is not strong, I will simply hold you over for trial, and I will take bail myself." The magistrate can say that, but if the evidence is strong and he commits for trial it is beyond his power absolutely to take bail and the man must go to jail and then apply to a supreme or county court judge for authority for some magistrate to give him bail. It is for this reason that I am bringing the matter to the notice of the minister.

Topic:   XI, 1917
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