,G,PP 1 6 20iO No.

S-097767
Vancouver Registry

PREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF:

The Constitutional Question Act R.S.B.C. 1996, c. 68

AND IN THE MATTER OF:

The Canadian Charter of Rights and Freedoms

AND IN THE MATTER OF:

A Reference by the Lieutenant Governor in Council set out in Order in Council No. 553
dated October 22, 2009 concerning the constitutionality of s. 293 of the Criminal Code
of Canada R.S.C., 1985, c. C-46

SECTION 293 LEGISLATIVE HISTORY BRIEF-

SUBMITTED BY THE ATTORNEYS GENERAL OF
BRITISH COLUMBIA AND CANADA

SUPPORTING DOCUMENTS
Volume 1 of 2

CRAIG E. JONES DEBORAH STRACHAN

Ministry of Attorney General Department of Justice
1301 - 865 Hornby Street 900 - 840 Howe Street
Vancouver, BC V6Z 2G3 Vancouver, BC V6Z 2S9
Telephone: 604-660-3093 Telephone: 604-666~ 1543
Facsimile: 604-660-6797 Facsimile: 604-666-6314
INDEX, VOL. 1

TAB 1-

A. An Act respecting Offences relating to the Law of Marriage, RS.C. 1886, c. 161

B. Bill F, An Act to amend ''An Act respecting Offences relating to the Law of Marriage",
4th Session, 6th ParI., 1890

C. Debates ofthe Senate (February 4, 1890) at 33 (1 r); (February 20, 1890) at 112 (2r);
(February 25,1890) at 141-42 (com); (March 4,1890) at 178 (b withdr)

TAB2-

A. An Actfurtherto amend the Criminal Law, S.C. 1890, c. 37, ss. 10-11

B. House of Commons Debates (February 7, 1890) at 342-43 (1r); (April 10, 1890) at
3161-86 (2r and com); (April 16, 1890) at 3441-60 (amt and 3r); (May 16, 1890) at
4938 (ra)

C. Debates of the Senate (April 22, 1890) at 515 (1r); (April 25, 1890) at 583-86 (2r);
(April 30, 1890) at 648-58 (com); (May 1,1890) at 681-83 (3r); (May 12,1890) at 780
(concurr in Commons amts); (May 16, 1890) at 904 (ra)

TAB3-

A. Criminal Code, 1892, S.C. 1892, c, 29, ss. 278 and 706

B. House of Commons Debates (March 8,1892) at 106 (1r); (April 12, 1892) at 1312-19
(2r); (June 3, 1892) at 3321-22 (com excerpt); (June 27, 1892) at 4265-66 (com
excerpt); (June 28, 1892) at 4343-48 (com and 3r); (July 9, 1892) at 4732 (concurr in
Senate amts.); (July 8, 1892) at 4734 (ra)

C. Debates of the Senate (July 4, 1892) at 384-98 (1r); (July 5, 1892) at 398-99 (2r
deferred); (July 6, 1892) at 453 (2r deferred); (July 6, 1892) at 464-84 (2r); (July 6,
1892) at 484-85 (com); (July 7,1892) at 485-89 (com); (July 8,1892) at 494-95 (com
and 3r); (July 9, 1892) at 522 (ra)

TAB 4 - Criminal Code Amendment Act, 1900, S.C. 1900, c. 46, s. 3

TAB 5 - Criminal Code, RS.C. 1906, c. 146, ss. 310 and 948

TAB 6 - Criminal Code, RS.C., 1927, c. 36, ss. 310 and 948
 THE

REVISED STATUTES
OF

OANADA
PROCLAIMED AND PUBLISHED UNDER THE AUTHORITY OF THE
ACT 49 VIOT., CHAP. 4, A.D. 1886.

VOL. II.

OTTAWA:
PRIN'rED BY BROWli' CHAMBERLIN, LAW P1!INTEll TO THl~ QUEEN'S MOST
EXCELLE~ MAJESTY FRO~I 'litE AMESDED BOLL OF THE Cl,AID REVISEO 81"A.TUTal
DEPOSITED IS" THE OFFICE OF 'IRE CLERK OF TRE PARLIAMEN'l'R, AS D~CRmED
BY THE SAID ACT, 49 VICT., rnAY'. 4, 1886.
1887.
 CHAPTER 161.
All Act respecting Offences relating to the Law of A. D. 1886.
Marriage.

H ERSenate
Majesty, by and with the advice and consent of the
and House of Commons of Canada, enacts as
follows ;-
I. Every one who,- Unlawfully
(a.) Without ~awful authority, the proof. of whichshs;Hlie ~~l;~~~:~
on him, solemmzes or pretends to solemruze auy marnage, unlawful
or- solemni~ation
·
(b). Procures any person to soIemruze any ·
marriage, know- ofmamage.
.
ing that such person is not lawfully authorized to solemnize
such marriage, or knowingly aids or abets such person in
performing such ceremony,-
Is guilty of a misdemeanor, and liable to a fine or to two Punishment.
years' imprisonment, or to both. C. S. U. C., c. 102, ss. 1 and
2 ;-R. S. N. S. (3rd S.), c. 161, s. 3 ;-1 R. S. N. B., c. 146, s. 2.
2. Everyone who procures a feigned or pretended mar- P~acuring
riaO'e between himself and any woman, and everyone who f~lgued mar-
" . Iy al'd s and asSists
k nowmg . I
In •
proeurlUg suehe''eigne d or rtage.
pretended marriage, is guilty of a miBdemeanor, and liable
to two years' imprisonment;
2. No person shall be convicted of any offence under this No c~n'ictian
section upon the eddence of one witness, unless such wit- on eVIdence of
. corroborat ed 11l
ness IS . some materIa
. I parbcu
. Iar b yevi'd ence only.
OM WItness

implicating the accused;

3. In eyery case arising under this section the defendant Defendnnt,
Bhall be a competent witness in hiB own behalf upon any c~~pete
charge or complaint against him; WI neBS.
4. No prosecution under thiB section shall be commenced Limitation of
after the expiration of one year from the time when the time/a, pro-
offence was committed. 49 V., c. 52, 55.3 and 5, 6, 7 and 8, .cell >on,
pm'ls.
3. Everyone who, being lawfully authorized, knowingly Solc,!,nizi~g
and wilfully solemnizes any marriage in violation of the ~~l~'t't~~ ~f
laws of the Province in which the marriage is solemnized, ~,"vjnci.l
is guilty of a misdemeanor, and liable to a fine or to one ow.
year's imprisonment; ,
2. No prosecution for any offence against this section shall Time/a, pro-
be commenced except within two years after the offence is ii~ii;d~
committed. C. S. U. C., c. 102, BS. 8, and 4, parts ;-1 R. S.
N. B., c. 146, s. 3, part ;-R. S. B. C., c. 89, s. 14.
1~85
2 Cllap. 161. Offences in relation to Marriage. 49 VICJI'.

BIGAMY.
Bigamy. 41. Every one who, being married, marries any other per-
son during the life ofthe former husband or wife, whether
Punishment.
the second marriage takes place in Canada, or elsewere, is
guilty of felony, and liable to seven years' imprisonment:
Exceptions. 2. Nothing in this section contained shall extend to,-'-
llarriage by (a.) Any second marriage contracted elsewhere than in
au alien out
ofOamlda. Canada by any other than a subject of Her Majesty resident
in Canada and leaving the same with intent to commit the
offence;
Absence for (h.) Auy person marrying a second time whose husband
seven yeal"6.
or wife has been continually absent from such person for
the space of seven years then last past, and who was not
known by such person to be living within that time;
Divorce. (c.) Any person who, at the time of such second marriage,
was di yorced from the bond of the first marriage; OY-
Former (d.) Any person whose former marriage has been declared
marriage
annulled. void by the sentence of any c.ourt of competent jurisdiction.
32-33 V., c. 20, s. 58, part.

OTTA W' _\ : Printed by BROWN CRAW8ERLIH,Law Printer to the Queen's Most

Excellent Majesty.

18M6
 n nL L.
~\n Act to amend .. ,\n Act l'c~p;ct ing di'rI:cC';; l'e l<lt:l~ g
to the La\\" of )/;lIT1<lge.··
HE~ Majest.y, by and "'~tll, the udYicl: and consunt of tlle PI'I:1liILlp.
l::icllate and 1I01l tiG ot Commons ot Canada, e nact ::; as
follows : -
I. Th e fullowing l'ection is 1ll'I'CIJy added to chHpter one n.s.c. , c. Hil,
5 hUlIdreu fl.nu sixty-olle of the R e\'i,;(,d Statutes of Callauu, ;:;i~;'.,~ttlon
in t itu1 ed, "A n Ad resllectill!! ()t1'erlr'es Telating to Ih e j,(l W (~f
JJ.JuTriugc," ati sedion fi ,'e thereof :
I, .'). l'.,' eryolle who, ",hether ill pllrsuance of, or und er
pretext of uny religioll s ueli et', ()l' otherwise, hy th e rites,
10 ceremonius, fo rms, l'uks o r CllStOIllS of allY dc' nomilli1tiull, sed
or society, religiolls or :-;ec ll];ll', or u.)' allY f Ol'l1l of cOlltrad, or
by m ere mutual cOllsent, or u.)' :lily other method what soe Yer,
but ill a mann er lll)t recog nizel1 ati a binding form of marriage
1).)' th e law of the plaue ill " 'hi eh the offence aga inst tlli s A ut is
15 co mmitted, and wh ether 8 lWh oftc nue i8 committed in Canada
or else where ; -
"((I), Practises, ngrees to practise, 01' COIlOiGllts to practise, P olygamy.
any fo rm of polygalllY; 01',-
"(II) . Practises, agree to ]ll'adisc, COllsents to practise, e llter8 ~[n,rria~~e reln-
.
2o ll1to, . t 0 0 1' cOllsen t s to en t
ngrees t 0 cnter III e r'lllto allY k'"ll1l-[ 0 t' lIIo
tlons
re
wltil
thall UI\('
cOlljngal ullion with m ore than Olll' persOll of t.he opposite sex l'"r"OIl .
at. the salll C ti lll C; or,-
"(r). Prn ct isl's, agrce::; t o pradi:-;c, consent.s to practise, e nt en; Spiritual or.
,IIltO, agrees to c ilt e r 1I1t.U,
. Or COll se llts t ' 1 plural marTI'
0 ent·c r llltO W lat among ages,
25 the sect call ecl 'TIle Church of J eSllS Christ of Latte r Day
Saints,' co mmollly known as M o rmons, are kllown as spiritual
or pluml marriages; 01', -
" (ti). Lives, cohabits, agrees to live or to cohabit., or co nse nts Living with
.. e or to co1taUlt,
to lIv 1, " k' 1 i' • I ' . h more than one
H1 allY 'Hll Ol eOllJl1ga lllllOn WIt a p er- person.
30 SOli wh o is marrlv cl o r " 'ith a p e r:::o n who liv es o r co habits
with a.nother 01' othel's ill any kinll of cOlljugalullion ;
And. every olle ",ho, -
"(e), Celebrates, is a party {-o, or nssi3ts ill any such rite Cel~br~tiu .:
, 1 l' , , rites, &c.
or ce remollY \\·l11ch pnrpol'ts to rna';: 0 ) IIHllllg or to sUll dlOn
35 any of th e: sexual relati oll s11il's menti.olleLl ill para graph s (a ),
(bi (c) anll (tI) of thi s secti o n j 01',-
"(f). Procures, enforces, ellables, it! a party to, or assi s ts in :l<'orm8, &c.
the compl iance with, or carrying out of, allY Silch form, rule or
custom whi ch so plll'porti:\; 01',-
F- l
r-=~
--~-------------=-=----------------------------------------------~

(;'l nt :':1c:t:-4 ait rl "(g) . Procures, enforces, enables, i ~ a party to, or assists in
Cll :, ··: t'/ It.
the executi on of any such form of contract which so purports,
or th c givillg of any sllch consent which so purports;-
" I s guilty of a misdemeanor, a nd liable to imprisonment for
two years, or to a fine of nve hUlldred dollars, or to both such 5
impri sonm ent and fine:
R Pfj lIi ~ ltl':-\ of "2. In allY indictment for any offence mentioned in para-
ill,l i,-:tlli t ' lit g rapll s (a) (b) (c) a nd (d) of th e precedillg sub-section, it shall
:).nt! "roof.
be sutfkient to describe the offenee ill the language of the para-
g raph appli cable theret.o; and no averment nor proof of the 10
method ill which the sexual relationship charged was entered
into, agreed to or consented to, shall be neceRsary in any such
iudi ctment, or upon the trial of the person thereby cha rgec1;
nor sh all it be necessary upon such trial to prove carnal eOll-
nection had or illteml ed to b e had between the parties impli- 15
cutcd:
Tl Il._ha.lI d ,wd " 3. Upon a ny trial for any offence against this section, the
",'if,·· nl:t," 1.. , ",ife 01' hu sband of' the defenc1al1t shall be a competent witnesg
\\ i tltl ·:': Sf' .~ .
for or against the defend ant.
"4. This sectioll shall not apply to any Indian belonging to 20
a tribe or balld ftmong whom polygamy is ])ot contnll'y to law,
llor to allY persollllot a suhject of Her Majest.y and not resident
in Canada. "

Di sC'j ll fl.lifi ca- 2. Everyone who has been convicted of' any offence ftgainst
Lion of uffl'n·
tI.,,,"_ this Act shall not be qualined,- 25
A, eli-lid idn.tt> (a) . To be a cand id ate at, or to be registered in any list of
or 4::' 1" l'toT'.
electors for, or to vote at any election of l.L rnem uer to serve in
the House of Comm ons of Canada or in the L egislative Assem-
bly of the N orth-VV est Territories; nor,-
As jlll'OI'. (b). To serve as ajuror in th e N orth-W est Territories; nor,- 30
Fl'OlH hol? ing" (c). To hold any office under the Crown in right of the
te l' t'\ln "filet's. Dominion of Canada, or any public or municipal office in t he
N orth-W cst T erritori es.

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 DEBATES
OF

THE SENATE
011' THE

DOMINION OF· CANADA

1890

REPORTED AND EDITED BY

I-IOLLAND Bro~.

Official RePOl'teJ'8 of the Senate of Canada, Ottawa

FOURTH SESSION-SIXTH PAI~LIAMENT

OTTAWA:
PRU,'l'In} HY .BROWN OHAMBERLIN, PRINTER TO THE QUEEN'S 1I10ST EXOELLJ~NT
:orA,JESTY.

1890.
 Departrae;nt of [FEBRUARY 4-5, 1890.J Geology Bill. B3

BILLS INTRODUOED. THE SENATE.

Bill (0) "An Act respecting the De- Ottawa, WedneSday, February 5th, 1890.
partment of Geology, Mining and Natural
History." (Mr. Abbott.) . THE SPEAKER t<lok the Ohair at 3
o'olock.
r Bill (D) " AnAct respecting Oommercial
Fertilizers." (ilIr. Abbott.) Prayers and l'outine proo.eedings.
The Senate aDjourned at 3:50 p.m.
READING PETITIONS.
THE SPEAKER having called for the
THE SENATE. reading of petitiol1S,-
Ottawa, Tuesday, Febi'um:y 4th, 1890. ·RON. lliR. ilIILLER said: The reading
of these petitions is out of order. It is the
'THE SPEAKER took the Ohair at 8:30 custom of the HO~18e that. one sitting day
p.m. should intervene between the presenting
Prayers Rl:1d routine proceedings. and tbe readhlg of a petition. These
petltiQns weI's only pl'esBnled yesterday,
NEW SENATOR. and in the case of the divorce petitions'
HON. EDWARD MURPHY was introduced, especially I think it is highly imp"oper to
and baving taken the oath of office and allow any'departure from the strict i'ules.
signed tbe roll, took his seat.. Four of these petitions m'e for divorces,
and they were only presented yesterday.
BILLS INTRODUOED. I do not know that we have, any rule of
this House on the subject, but the practice
Bill (E), " An Aot for the better securing is as I have atH,ted it, and it is ab:lo the
the safety of certain fishermen." (iIII'. practice of the House of Lords. In the
Powe,·.) absence of (my rule of our own, we are
Bill (F), " An Act respecting offences governed by tbe practice of the House of
relating to the Law of ilIarriage." (ilIr. Lords. I find in the little iYIanual by ~Ir.
Macdonald, B.O.) Lemoine the following: « Petitions.-One
THE LATE SENATOR RODIER. sitting day must intel'Vene betwoen the
presentation and the reading?f a petition:"
. HON. iYIR. SMITR-I much regret that Certainly one do.y bas not lntervened II:
it falls to my lot, in the absence of the this case and HS I have already said} iu
leadel' of this House, to announce the death the case' of the divorce petitions it is
of the late Senator Rodier. I am surc that highly improper tbat any departuro from
you will all regret exceedingly, as I do, the strict practice should be sanctioned 01'
the loss of our e~teemed colleagl1e. countenanced.
L'HON. TYI. PAQUET:. Je conconl'S de The reading of the petitions was allowed
tout COO1t1' dans Ie5' obsel'vlttions, sijustes et to stand u1).til to~mol'l'Ow. " .
si bien mel'itees, de l'honol;a.ble membre
poul'l'oronto 'lui m'a precede. Nos mngs DEPARTMENT OF GEOLOC+Y BILL.
dans cotte chnmbl'e se /::Iont eclaia.'cs une fois
de pIns, et 111, mOl't'vient de nOllS GoDlever SEOOND READING.
encore 11n bon citoyen. HON. MR, SMITII, moved the seconcl
L'honorable M. Rodiet'etaitln personnifi- reading of Bill (0), (( An Act ~c~pectillg
cation de toutce quInn tt'avail opinitl.trel)tmt the Depa.rtmont of' Geology) llullng and
Opel'er" de ce qu\me conduite exempfail'c Natul'al History," He Qaid: In the [tb~ence
:pent creet· cl'e'sti.me at de respect, etde ce of OllT worthy leader, I ,vould ,suggest that
q~\lTIofoi sincere})eutl)l:oduirGtPexemples this Bill be read the second tune now and
anniter et pour 1afamilje et pour In. societe. l'efel'red to a Oomroittee of the "Whole
Je l1l'associ~ d~nc au.x r~grets de tOl1te la, Honse on Tuesday next, with the under-

The Senate ajournecl at 9 p.m.

I
?hambl'G et JG l'emel'CIG Vlvement l'e!oquent ~ standina' that nobody will be committed
Illt61'pl'ete de notre dou1enr,eom~nune. to the principle of the Bill. By rruesday
next we may have the leader of the House
11Z Department of [SENATlil] Geology Bill.

N ox ,COYi'l'Ex'r::; :
Hon. bIesst's.
MARRIAGE LA ,I' Ai\mNDMENT BILL.

Armtllld, :1.IOn t,,""Ol llel'y, SEOOND READING,

Baillargeon, Power;
Ohaffers, Prowse, HON.MR. MAODONALD (B. 0.) moved
DeBlois, Rea-r1, the second reading of Bill (F) "An Act
HowlfLll, Robitnllle,
Macfarlane., Smith.~12. to amend an Act respecting offences relat_
ing to the Law of lIarriage.» He said';
The Senn,te ac1j0l11'necl at 5:20 p.m. lIon. gentlemen firc, 110 doubt, aware that
the Go\,'errpnent pl'omiBc legislation ofsome
kind on this subject, and I propose to ask
the Hou~e to "a.llow this Bill to be read tho
second time ancl referred to a commit-
THE SENATE. tee. In the menntjm0 we Can confer
with the Govermnent and ascertain what
Ottawa, Thursday, Feltruary 20tl', 1890.,' course s~ould be punmed whethel' the
J
Bill should be dropped altogether 01' ]lot.
THE SPEAKER took the Ohair at 8:30 I hope, in moving the second reading of
p.m. this Bill I shall carry with me the feeling
of the members of the Senate that such a
Prayers ancl l'ontine PJ·oc~edings. measure is necessary. If thel'o nl'e
Mormons in the North-West Terl'itol'ies,
SEOOND, READINGS. whereve.!' they settle they will jlracti8ethe
tenets and cqstoros of their sect. It is,
Bill (24) "An Act respecting the St. therefol'e) necessary and wise that we
Stephen's Bank." (111'. Wark.) should at once pI'event the, spread .of this
Bill (33) "An Act respecting the Peo- canker in all,. cOllntl·y. I am not 10 pos-
F~~;/s Bauk of New Brunswick.!! (Mr. session of any figul·es. bearing On t·his
Wark.) , BU bject. I c10 not know how many ,Mer-
111on8 there are in the North-West Terei-
BILLS INTRODUOED. tories or to what extent they praotise theil'
peouliar oustoms, but it is said, wherever
Bill (0) "An Aot to amend the Steam- they are' they are surG to praotise poly.
boat Inspection Act, Oap. 78 of the Re· gamy. I think the bestfeature oftbe Bill is
vised Statutes ofOanada," that which disqua.lifies offenders from being
Bill (27) "An Act to incOt'porate the candidates for election to serve as mem·
Sault Ste. Marie and"Rudson's Bay Railway bel'S of the House of Commons of On,nadn,
Company." (Mr. Read.) or Leifislative Assembly of the N orth-
Bill (28) "An Act to incorporate the West Tel'ritories, to serve as ju\'ors, or to
Ottawa, MOl'l'isbul'g and New York Rail- hold'any oroce under the Orown or any
way Oompany." (Mr. Reac1.) public 01' l:nu~icipal offi~e in the North-
Bill (22) "An Act to amend the Act to W cst Tel'l'ltones; It wlll be one of the
incorporate the Belleville and Lake Nryis. ('bief meanS of obtaining information and
sing Railway Oompany." (Mr. McKmd· seouring oOllvictions Undel" the Act. At
Bey.) _ election time, no doubt thosc.people will
take different Sides, and thei~ opponents
Bill (21) "An Act to incorporate the will fiud out all the weak spots in their
Lindsay, Bobcaygeon and Pontypool Rail- oharacters.
way Oompany." (Mr. Olemow.)
Bill (14) "An Act ros.]lecting the Port The motion was ag-;'eed to, and the TIill I

A1'thul') Duluth and Western Rail way was read the second time.
Company." (Mr. MacInnes.)
,Bill (20) "Au Act "especting the God- DEPARTMENT O~' GEOLOGY BILL.
erich and Oanadian Pacific Junction Rail-
POSTPONED.
way Company, and to change the l1il,U1e of
the company to the Goderich and Wing. TheOl'der of the Day being called,
ham Railway Oompany." (Mr. Macdon. Oomniittee of the Whole House 011 Bill
nld, B.O.) , (0), "An Act l'eSpecthlg the Depart.
 Off_noes againt the [FEBRUARY, 25, 1890.J Law of Ma1'1'iag_ Bill. 141

entirely inconsistent with the first clause The committee divided on the amend-
of the Bill. . mont, which was adopted. Content" 18;
HON. MR. VIDAL-The first clause non·contents,8.
relates to selling to minors; the other HON. MR. KAULBACH.-I observe that
relates to the sale of fire-arms to anybody. the schedule limits the power of a magis-
. RON. MR. LA.COSTE-The 'amendlll€mt kate to i88111;) cOl,tificates. The second
should be a separate section. It"has no 0011- clause of the Bill giV"eshimagenel'nl power,
nection at all with the matter ill section 2. but the schedule says that the certificate
should state the limits to which it is
HON. MR. GIRARD-I would suggest applied.
that the word" ail''' be struck out of every HON. MR. POWER~Ithink the position
section of the Bill where it occurs. I
think tho'ah'-gun should be prohibiterl fOl' taken by my h011, friend from Lunenburg
any pm'pose. It i~) Ul;! I said on a fOl'mer IS perfectly sonnd, and I undertitand that
occatiion, the murderer's weapon, the introduce]' of the Bill proposes to let
the thh~ reading stand, in oider that he
ITON. MR. DICKEY-If the amendment may have an opportunity to consult the
of the hon. metnber from TOl'onto should leader of the lionse a,'3 to whether an
lle adopted, the effect of the Bill will be amendment to limit the jurisdiction of a
this, that no perSall can sell a pi15tol or o,ir- magistrate under this Bill is desh'able or
gun to anyone to whom be {Jan now law· not.
fully sell it withoutl'egistel'il1g it. I think
that would be an interference with trude RON. ME. MoOLELAN, from the com~
which would not do the Bill much good in mittee, reported the Bill, with amenel·
another place, and I do not think it will .ments.
h~lp to meet the object which my hon. STEAMBOAT INSPEOTION BILL.
fr.lenel from QUinte· hnd in view when he
SECOND READING.
draft.ed th~ Bill, namely, to protect the
:pubhc ngull1st the sale of those weapons HON. fiIR. LACOSTE moved the second
to minorl;;,. .. reacling of Bill (0) "An Act to amend
HON. MR. KAULBACH-The object of the Ste~mboat Jnsp;,ction A~t, Oap 7B?f
the Bill is to l:estl'ict the sale of those th~ ReVIsed, StfL~llt:S. He 8md: The mam
deadly weapons, and the tI'adc in them will object cf th,S BiU " t~ take out of the Act
~e~e5snl'ily be Aiminitlhed as a 1'8:jult of ~he rl1l~s allc~ l'e~ulatlOns COllCel'nmg the
thIS lecrisiation 1l1SpectlOn of bollers and safety valves of
b • steRmboats, and UlSD l'G.lating to the C011-
II?N.1fR. POWER-After all, it is only stl'lwtiOll of' boilers, and to put this into the
PUt~l!lg dangorons weapons in t.he same hands of the Governol'·in-Oouncil fOl! the
po~ntlOn us noxious dl'uO'K Accordino'to lJlUIJOS8offollowingthepl.'ooTessofscience
th 1 5' ' b b '
haws of !:Some countries any apothecal'Y a.nd milking those rule::! and regulations
w 0 sells voison it:\ obliged to make an more in <wcol'd with modern scientifio
~htl'Y~ ill a book kept t'Ol' the purpose, ~f cons~l'uct.iou. Thereares~meothel'~hanges
e ll.\me of the person to whom the pOl. ofmmor Unpol'tunoe l'elatmg to ccrhficates.
I(,J~ Was 801~1 and the J!ature ~f the poh:iOl1. The motion WHS ag-reell to, and the- 33m
l'ea~·not thl~k there unl.nythmg vet'y Ull- was read the second time.
h onablo In l'equirinO' that a o<nnsmiLh
s ould make an enlry ~f the nm'ite of the I 0 l!'l!'ENOES AGAINST THE LAW OF'
~~ll'c?al:iel' uf the gun anu the llumber 0\' lIIARRIACTE BILlJ.
ideH:l~. ~ulr~ on the gun for the purpoBe of IN OOiHllITTEE,
geS~i~tic:atlOll. ,Yith l'espl3ct to the sug· The House 1'e801ved itsclfinto Oommittee-
St. B n 'fm~( e by the hon. mcmbe!' froIll of the Whole on tbe Bill eE) "An Act
to tryam t' I should be ,
t It(:e yel'V
.J glad' .
j'OI' Olle1 respectin o' offences ftoninst the Law -of•
getiti o'f 0 What he wltlhes, but Ius sug~ U'\l'riage'=?' b
diife!?ell1 I ~doptell, would httye a totally , ~ .
iVord {~lt, effect, and if he strikes out the (In the Oommittee.)
tll'))
offect £'1'0111 the ::Bill it will hao;;e the On the first chmse,-
kind ~. preventing the sale of nny other HON. lllR. MAODO:'fALD (B.C.) saic\.
a gun whateyer. I win ask the .Honse to adopt the first
...
142 Geological [SENATE] Survey Bill.

clause, and then rise and report progl'ess- THE SENATE.

I have an intimation fl'om the Minister fa Ottawa, 'Wednesday, Febl'ua1'y26th, 1890.
Justice that be intends to embodytbi.13ilr
in a measure which he is about to intro- THE SPEAKER took the Ohair at 3
duce to uniand the criminal In.w. In that o'clovk.
'case tllis 13il! is meely to be dropped alto- J:'ll'ayel'S ancl routine proceedings .
.gether. I thel'efol'e ·move that the com-
-lUittee rise, report progress, and ask leave GEOLOGICAL SURVEY BILL.
:to sit agaill} on Tuesday next.
IN OQ:.\lMITTEE,
TION. MR. DIOKEY-I sbonld like to
.diI:ect the attentio.n of my hon. fdend pub- The House went into Oommittee of the
.1icly, as I have already done privately, to Whole on Bill (0) " An Act r"'peeting tho
sub-section 4 of section 1, which is as fol- Department of Geology, Mining aud
110'W$:- Natur~tl.Histol'Y·"
"This section shall not apply t·o tl.ny Indian belong- (In the Oommittee.)
ing to a tribe Qt' ll;.tud among whom polygamy is not
coutnl;ry to law, no1" to i\;lY l)~~'ilon not a subject of
.Her Majesty-, and not reSIdent 111 Oi1,nadll.," On the 1st clause,-
I thInk that is a very dangelous -excep- HON. MR. POWER-I was undel' the im-
tio11 to make) because it may have the pression from an expros~ion of opinion
'effect of excepting the very c1ass to whom which I 'heal'd outside this Honse, that the
the Bill is intended to apply. Government had decided that they would
" "rAODONALD (B 0) nlh t not change the 113me of this depal'tment i
TI
. ON. mR. m ,1 .. - . L a OJ:sub-dspartment, inasmuch a8it~asbeen'
part is to be struck out) ane tbe!'c is an~ known fOl' :fifty years as theGeologlCa1Sur- !
othel' part-the disqualification of pel'sons d h Go
'convicted nuder this A.ct from voting in vey of Canada. I understoo that t e v-
'elections. That also is omitted. emment still pl'oposed to call it bv that
name. I regret, however, that tbey have
TION. MR. KAULBAOTI-This isaques- not come to tbat conclusion. In Englaad
tion whieh requires a great dea1 of.consid- a similar body h.0.-8 been known for a grent
'eration, These !rIOl'mons al)pear to be a many years as the Geolo~ic~l Sl:l'Ver
respectable community) and are progl'ess- There ure departments of aSlmlbr kllldm
ing l'apidlyin the North-West, Australia which are also known by the
It is a question whether these people same na~e. They hl1vC also one in the
should be driven Ollt of the country fol' United Stules for the whole Union, 'which
having performed their religious duties in is known by that name, and in several of
<I way they believe is right-it is a ques- the States they have depm-tments of tho
tioll whether this Bill Rhould ,ha.ve a retro· same kind which are known as Geological
:active effect) and deprive these pe.ople of SurveyS. I think it is not noW desirable
the rights whi~h they ])ossess unelel' the that lye should adopt a name different
laws as they eXlst to-day, and as they ex- from that which has been used in Canada
isted at the time when they settled 'in the for so lOD{t a time and- different from that
country. It is a serious matter to say now used in ot1;e1' countl'ie~ .. It really
:whether they shOUld be dl'iven out of Can- does not make any diiference what you call
ada when we a.re anxious ~o se~tle that the deptll'tment. if you call i~ the Geolog-
country as l'ap1dly as pOSSIble In every ieal Sm'vey it will ~tmount to Just the sumo
legitimnte way. thina' -as if you call it the Department of
The first clause was adopted) and the Geo~gy Minino. and Natural History j but,
motion to rise was agreed to. I thinl>:: it should be called the Geologic~'l,l
RON MR DEVER from the committee Survey, as in the past, because it in4icates .
l'eport~d that they 'had made some Pl'O~ the.con~ection ~ith_ther:l'evious fifty:ye~r8,
greBs with the Bill. WhlCh IS a deSIrable th~ng. Thel:e IS J~lst
one other cirrul11stancelU connectIon wIth
13II,L INTRODUOED. the title of this department which I tbin.k
13il! (S) "An Act respecting Escaped Pel'- is worthy of some consideration. -It lss.Uld
aons from Industri.al Schools." (Mr. La- there is very little in a name, but I th1~k
there is often a good cleal in a name) andlD.
<loste.) the pl'6:sent instance the name counts for
The Senate adjourned at 5:30 p.m.
 The Oontingent Accounts [MARCIII 4, 1890.J of the Senate. 165

HeN. MR. POIRIER-Then they did not HaN. j}IR. McaLELAN-I had no in-
succeed in carrying their point. A New struction to 1)1'688 the application at that .
Brullswick luan should have been up. salary. I had a letter from him fixing a
pointed, beginning, of course, at the foot, minimum amount, and consequently I felt
because I believe in promotion. I havana myself entil'elyjustified in not }Jl'essil1g his
objection to the gentleman who received application any further. I took the
the appointment. I de not knDw him, but only course I could 0'11 the commi.ttee
I have no deubt he is equal to the l)e8ition. undae the Cil'CUlustances, while I think
. I am Borry to see that in this Honse, of the claims of New Brunswick have
late years, appointments have been made not been fail'Iy considered in nll respects.
in a vicious circle and that due regm'd With reference to the matter before the
has not been paid to the claims of the House, although I took no particular l)al't
diffel'ent ProvInces; but other in:fiuences upon the committee on the question of
. have been allowed to prevail. I do not superannuation as itis termed-and wrong-
intend this as a protest, but I am sorry fully termed il1 my judgment-Ifelt it was
that the old rnle and ~recedent8 were not an exceedingly difficult and delicate case.
followed in this instance, and ~hat a Had there been 1:1. division OIl the com-
gentleman from New Brullswick was not mittee . I should certainly have voted
allowed to come in at the foot of the ladder against superannuating a young man 35
to replace that efficient deceased servant, years of age without any proof:::! before us
MI'. Miller. that he was suffering from any infirmity .
which would justify such a COUl'se. I do
. HON. Mn. MoaLELAN-My hon. friend not think we have any clear 1)1'00f of in-
fi'om Acadia brings a char0'0 against my~ efficiency or misconduct j but cel'tainlyif it
self, as a memb~l' from NewJ3runswick, anel was eithe1', we would be laying down a
a little later justifies the course thatI toolr. a very bad precedent if we Bll})Gl'annuated
There WHS an application for the position for sllch a C,1.11se.
fl'om New Bruswick by a gentleman who,
for u time, faithfully filled an office on the HON. MR. DEVER-With reference to
staft' of the House of Commons, and who this matter, I feel that there has been more
would have been very glad to have taken than one injustice .done. This case I must
. the position made·"vacant by the :lamellted consider as a shuffle of the cards ill favor
deathofMr.Millel·,who had been appointed of certain parties .
.in. recogniti0J?- of the claims of New ?3 runs -
wwkat the tune of the ConfederatlOn. l e e
Th S nate divided on the amendment
'1 8 9 10 d 11
atteml)ted to Bet fOl'th at the meeting of to Tefel' back pa~'agl'apbs , J ) an
the committee that the vacancy really oftherepol't, whlc~rasadopted: Contents,
belonged, accDrding to the old order of 18, nDn-contents, .
things, to the Province of New Bruns\vick,
provided a propel' application was received.
A pro~er applicant did present his claims-
Mr. Riehm'dson, of Richibucto. These THE SENATE..
claims were ignored 'by the almost ullani~
mous voice of the committee, on tb.e gl'ouud Ottawa, Tuesday, Match 4th, 1890.
very properly taken by the hDn. member
from Acadia-that is, the ground of pro· The SPEAKER teak the Chair at 3
motion. The position formerly occupied by o'clock.
Mr lIilIer was filled lip in this way and
other officials l)l'omotecl, and hence thal'e Prayers and routine proceedings.
was no place left for the applicant f"om New
\ J3nlnswicIr, because \V hen a real vacancy TIDRD READINGS.
came to. be filled the salary being only Bill (23) "An Act to incorporate the
$600 the applicant could not accept it. Belding, Paul & Company, Limited." (Hr. I
Vidal.)
HON. Mn. POIRIER-I would ask the Bill (H) "An Act to authorize the
hOll. geutleman if the aPIJ1icallt would not Toronto Savings Bank Charitable Trust
accept the position at that salary. to invest certain funds." (Mr. Sullivan.)
lIt .
178 New Brunswick [SENATE.] Bail,cay Oo.'t Bill.

the railway company itself. Part of the and befm'e both Houses, and received the i
road is now built, allCI ~he company IS very sanction of the GoVel'llOl;General j find now "
anxious to have its debentures issued, I twelve mouths after its pa-ssage, wo ar~
am told that in a few days His Excellency, called upon to declare that the land grant
01' the Deputy Governor, will come to was not intended to be given to the North_
sanction someBil1s that have already passed \Vesterll Coal and Navigation Oompany.
~his Sessio11, and the promoters of this Bill There must be some shm'eholders of the
would like to have it passed, S9 that it may former company who have some interest
be sanctioned at that time, and enable them ill this land j and yet, without a~ly previous
to negotiate their debentures on the Lon- notice or explanation, beyond the t-xplana-
clan market. tion we have heard from the leader of the
Govel'nment, we are asked to convey this
The motion was agreed "to, and the Bill land to the Alberta Railway and Ooal Oom_
was read the second time, under a suspen- p.ny.
sion of the rules.
HaN. MR. DIOKEY-I should like to
OFFENOES AGAINST THE LAW OF ask the leader of the Government if I am
MARRIAGE BILL. correct in my knowledge 'of this matter as
Ohairman of the Railway Oommittee. I
WITHDRAWN. am under the.impressioll that this Alberta
The Order of the Day being called- Railway and Ooal Oompany is substantially I
House again in Committee of the 'Whole the s~me line O~l'ailWay,al1d.thatthe. coro- "I
on Bill (F) "An Aot respeoting Offences l)[tny IS. no;v aC~1l1g under a dIf!e~ent nam~.
a(J'ainst the Law of Mal'ri'we" The pomt IS thIS: whether thiS IS an adell-
/:> ~b , tional Bubsidy, 01' whether it is merely a
MAO DONALD CE. 0.) said: In view of substitution for a subsidy that was granted
the legislation promised by the Minister of last year to another company under a
Justice in another place, I ask permission different llame.
to withdraw this Bill. .
HaN. MR. ABBOTT-,My hon. £dond
111he Eill was "\yjthdi·awn. will )lorceiva, by looking at the Bill, that
this 18 no\ a uew subsidy. Whether these
LAND SUBSIDIES TO EAILWAY OO}\{- two railway companies are identical fiB to
P AIDES AMENDMENT BILL. th.eir inCOl-poration or as to the locality
SEOOND READING. thl'ough which they pass I am really not
in a .position to Bay i but when the Bill
HaN. MR. ABBOTT moved the second comes before the House in committee I
rea.ding of Bill (43) "An Act to amend the will be in a position to answer the ques~
Act 52nd Victoria, Oap. 4; intitliled: tion that my han, fl'iend Taises.
, Au Act to authorize the granting of Sub-
sidies in Land to cel'tain R-anw~y Com- The motion was agreed to, and the Bill
panies.' 11 He saiel: this Bill is siml)ly to was read the second time.
correct an 61'1'01' in an Act of last Session,
in the name of the company to which the THIRD READING.
land grant was to be given. The snb- Bill (53) " An Act to umeml the Public
sidy was intended _to be given to the Stores ·Act," pa.ssecl through Committee of
Alberta Rail way and Ooal Company, and the Whole without amendment, and was
the words "Nol'th-Westorn Ooal and read the third time, and paHSed.
Navigation Company II were used in error.
It aI'ose from the ignorance of the person NEW BRUNSWICK RAILWAY 00.'8
framing the Bill, of the country through BILL.
which the l'ailway is to run.
SEOOND READING.
HON. MR. HOWLAN-Thill is an extra.-
ordinary Bill. It gives a large 'Iuuntity RON. Mn. BOTS]1'ORD moved the second
of land to one company when the land reading of Bill (49) "An Act respeoting
grant was intended to be given to another. the New Brunswick Railway OOID;pany."
Hel'e is an Act that has been befol'e the He said: 'This a Bill to authorize th,s com-
Railway 00"imittees of the two Honses, pany· to . issue consolidated debenture.
 ACTS
01' THt-:

PARLIA~1:EX'l'
or THE

DOMINION OF CANADA,
P.\X:-;IW I:-;' THE XF."!iIO:-.' HELl) IX THB

FIFTY.THIRD YEAR OF THE Rf')[Gl'f OF HER :llAJESTY

QUEEN VICTORIA,
lll-;rXG THE

FOURTH SESSIOl'f OF THE SIXTH PARLIA)mNT,

Begun anil holden at Ottawa, on Ihe Si;cteenth day oj Jantwry, and closell
by Prorogation on the Si;cteellih day of jlIay, 1890.

HIS EXCELLEXCY

THE RlmlT JlO:iORABLE sm llREDERlCK .IRTllfR ST.IXI.El', BARON ~"tmE¥ 011 PRESTO:i.
GOVERXOR GEXf')RAL.

VOL. J.
PUBLIC GEXERAL ACTS.

OTTAWA:
PRIXTED BY BROWX OHA~LBERLIX,
LAW PRIXTER TO THE QCEEX'S ~OST EXOELLEX'.r ~AJESTY
A!'i'XO DOlfI~iI, 1890.

HeinOnline -- 1890 vol. I 1 1890

 ~ ~~;-S;
=~ ~

53 VICTORIA.

CHAP. 37.
An Act further to amend the Criminal Law.
[Ass~nted to 16t.h May, 1890.]

H ER Majesty, by and with the advice and consent of the

Senate and House of Commons of Cauada, enacts as
follows :-
ESOAPES AND RESOUES.

R.8.C.,,, 105, 1. Section nine of chapter one hundred and fifty-five of the
s. 9re~led; Revised Statutes of Canada, "An Aot. respeoting Escapes and
n.wsectwn. R escues," IS . Ilereb Id
y repea ~ 11'
e and th e 10 OWIng sect"Ion IS au b~
stituted therefor :-
Esc"p. of "9. Everyone who, being sentenced to imprisonmont 01' de-
~d"'ner. tention ill, 01' being ordered to be detained in, any reforma-
tory prison, reformatory school, indnstrial refuge, industrial
home, or indnstrial scho'ol, escapes 01' attempts to escape there-
from, is guilty of a misdemeanor, and may be dealt with as
follows:- .
"The offender may, at any timo, be apprehended without
warrant aud brought before allY magistrate, who, lIpon proof
of his identity,- .
From rofor- "(a.) In the case of an escape or attempt to escape from a
matmy. reformatory prison 01' a reformatory school, shan remand him
thereto for the remainder of his original term ofimprisonment
or detention; 01',- .
From indu.- " (b.) In the case of an escape 01' attempt to escape from an
tdol school. industrial refuge, industrial home, 01' industrial school,- .
"(1.) May remand him thereto for the remainder of his
original term of imprisonment 01' detention; 01',-
" (2.) If the officer in charge of such refuge, home or school
certifies ill writing that the removal of such offender to a place
of safer or stricter imprisonment is desirable, and if the govern-
ing body of such refuge, home or school applies for such
removal, and if sufficient cause therefor is shown to the satis-
faction of such magistrate, may order the offender to be removed
to and to be kept imprisoned, for the remainder of his original
term of imprisonment or detention, ill any reformatory prison
232 01'

HeinOnline -- 1890 vol. I 232 1890

1890. C)'iminal Law amended. Ohap.37. 4
2. Everyone who procures, or attempts to procure, any girl Procndng de·
01' woman under twenty~one years of age, not being a common ~e~lenJe~fage
prostitute or of known immoral character, to have unlawful , n .
carnal connection, either within or without Oanada, with any
other person or persons; or (2) Procures, or attempts to procUl'~,
any woman or girl to become, either within or without Oanada,
a common prostitute; or (3) Procures, or attempts to procure,
any woman or girl to leave Oanada with intent that she may
become an inmate of a brothel elsewhere; Or (4) Procures any
womau or girl to come to Oanada from abroad with intent that
she may become an inmate of a brothel in Oanada; or (5) Promoting
Procures, 01' attempts to procure, any woman or girl to leave prostitution.
her nsual place of abode iu Oanada, such place not being a
brothel, with intent that she may become an inmate of a brothel
within or without Oanada; is gui1t~ of a misdemeanor, and
liable to two years' imprisonment WIth hard labor.
3. Every person who, by threats or intimidation, procures or PhrocudnglbIY
attempts to procure, any woman or gil' . I to have any unI aw fit reatsor a sa
u ~retences, de.
carnal connection, either within or without Oanada, or by false Ien",nt 01
.I
pretences or ta ' procures any woman or glr
se representatIOns . I, any woman.
not being a common prostitute or of known immoral charactet·,
to have any unlawful carnal connection, either within or tvithout
Oanada, is guilty of a misdemeanor, and liable to two years'
imprisonment with hard labor.
4. The provisions of section six of tbe said Act shall apply Cl"tnin I'l"Ovi'
""
t o Ouencas un de1' t h'IS sectIon
. .In th ' manner as IS
e same . above 81On5 to apply.
provided with respect to offences under section foul'.
OFFEXCES IN RELATION '1'0 ;\IARRIAGE.

10. Sub·section one of section four of chapter one hundred S'ction 4 of.
and sixty-one of the Revised Statutes, intituled "An Act "espect- !.~~<:i;{ 161
ing Otlences rela.ting to the Law of Marriage," is hereby repealed
and the following substituted therefor:-
" 4. Everyone who, being married, marries any other per- Big"my.
son during the life of the former husband or wife, whether the
second marriage takes place in Oanada or elsewhere, and every
male person who, in Oanada, simultaneously, or on the same
day, marries more than one woman, is guilty of felony, and
liable to seven years' imprisonment."

11. The following sections are hereby added to the last cited RS.C., ,. 161
.Act :_ fl.mended.
'(1). Everyone who practises, or, by the rites, ceremonies,
forms, rules or cnstoms of any denomination, sect or society,
religious or secular, or by any form of contract, 01' by mere
mutual consent, or by any other method whatsoever, and
whether in a manner recognized by law as a binding form of
marriage or not, agrees or consents to practise or enter into--
"((t.) Any form of polygamy; 01'- Polrg.mr·
. "( b.) Any kind of conjngal uniou with more than one person Copingn.!
. umon With
fit th e same tJme; or- more than ona
235 '~(r.) pen;on.

HeinOnline -- 1890 vol. 1235 1890

5 Chap. 37. Grhnimt/ Law amended. 53 YroT.
Spi,itual ma'- "(C.) What among the persons commonly called Mormons
Tiage. is known as spiritual or plural marriage; 01'-
Li,ing with.. "(d.) Who lives, cohabits, or agrees or consents to live or
J~e::ri~/o~o IS cohabit, in any kind ot conjugal union with a person who is
who lim wit1~ married to another, or with a person who lives or cohabits with
another. another or others in any kind of conjugal union; and-
"2. Everyone who,-
Celebrating "(a.) Celebrates, is a party to, or assists in any such rite or
rites, &0.
ceremony which purports to make binding or to sanction any
of the sexual relationships mentioned in sub-section one of this
sect.ion; 01'-
Fonns, &c. " (b.) Procures, enforces, enables, is a party to, or assists in
the compliance with, or carrying out of, any such form, rnle or
custom which so purports; 01'-
Cont"",ts and "(c.) Procures, enforces, enables, is a party to, or assists in
consen'. the execution of any such form of contract which so purports,
or the giving of any such consent which so purports,-
PenaICy. " Is guilty of a midemeanor, and liable to imprisonment for
five yeal'S and to a fine of five hundred dollars :
R~uisit-es of "3. In any charge or indictment for any offence mentioned in
indIctment
and proof. su b-section two of this section it shall be sufficient to describe the
offence in the language of that sub-sectioll applicable.. thereto;
and no averment or proof of the method in which the sexual
relat.ionship charged was entered into, agreed to, or consented
to, shall be necessary in any such indictment, or npou the trial
of the pe\'Son thereby charged; nor shall it be necessary upon
such trial to prove carnal connection had or intended to be had
between the parties implicated."
Husband and
wife may be
"6. In every case arising under section four, or nnder sub·
witnesses. section one of section five of this Act, the lawful husband or
wife of the defendant shan be a competent, but not a com-
pellable, witness for or against the defendant."
OFFENCES AGAINST THE PERSON.

R.S:C., 0.162, 12. Sections thirty-nine, forty and forty-one of chapter one
sect,.n.ro-
pealed' nsw h un dre d an dSIX
' t y-two 0 f th eR ' d Statutes, respectmg
eVlse .
section;. Offences against the P~rSQIl, are hereby repealed, and the follow-
ing sections enacted in lieu thereof:-
Carl)ally "30. Everyone who unlawfully and carnally knows and
knowingu
girl under abuses any girl nnder the age of fourteen years is guilty of
fourteen. felony, and liable to imprisonment for life, or for any term not
less than five years, and to be whipped."
AttempttD
commit such
"40. Everyone who attempts to have unlawflll carnal
offence. knowledge of any girl under the age of fourteen years is
guilty of a misdemeanor, and Iiaule to two years' imprisonment,
and to be whipped."
Indecent ns· "41. Every ono who commits lIUY indecent assault upon any
sault.
female is guilty of a misdemeanor, ane! liable to two years' im-
prisonment, and to be whipped."
236 13.

HeinOnline -- 1890 vol. I 236 1890

 OFFICIAL REPORT
OF THE

DEBATES
OF TILE

HOUSE OF· COMMONS

OF THE

DOMINION OF OANADA.

FOUR'l'H SESSION ~ SIXTH PARLlAllfEl'I'l'.

g)80 VICTORIA<:, 1890.

VOL. XXIX.
COMPRISING THE PERIOD FROM THE SIXTEENTH DAY OF JANUARY TO THE
TWENTY-SIXTH DAY OF MARCH, INCLUSIVE; 1890.

OTTAWA:
PRINTED BY BROWN CHAMBERLIN. PRIKl'ER TO THE qUEEK'S )[081'
EXCELLEN1' ilIMESTY.

IS90,
 341 [FEBRUARY 7, 1890.] 34Z

out saying that, as far as the revising officers iTl Sir JOHN A. lIAODONALD. Don't you think
~fanitoba are concerned, no word can be said that we might sit for a couple of hours more and
against them. The whole argument, as far as I finish this 1
can make it ont, which has been \lse(l by han. :Mr. LAURIER. If I could hope that a couple
gentlemen opposite is the question of expense; of hours lllore would convince the other side, we
but, as the Secretary of State has announced, might go on. I thhtk we might give the debate
that expense has been reduced by SOme 60 another day.
per cent. this year, and I have no doubt, as
the Department gams experience, eyen that Sir JOHN A. MACDONALD. Does my hon.
expense will be matenally decreased. I friend think that there is no chance of closing to·
. have 'not heard anything ach-anced to show that night?
there has been anything wrong in the making up of Mr, JJAURIER. I think not.
these lists. I think one hUll. member stated that Sir JOHN A. MACDONALD. Then I must
he would like to go back to the days when the accept my han. friend's suggestion.
lists were made up from the assessment rolls, but :Mr. TROW moved the adjournment of the de.
surely he knows that the assessment rolls form the bate.
basis of the list.s under the Dominion Elections
Act. Under that Act) any young man who is 21 Motion n-greed to, and debate adjourned.
years of age, who has resuled in CalUHl(1. for one Sir JOHN A. MACDONALD moved the ad·
year, who is a British subject, mul who has eamed jOHrl1lnent of the House,
$300 withiu that year is entitled to be pttt Up011 Motion agreed to; and House adjourned at
that list, anll I would ask the lllember for Mar- 11.10 p.m.
quette whether he belieyes thel'e is one young
man in his constituency possessing those qttnlifica-
tions who is l10t on the Dominion list_ If there is,
it is the fault of himself 01' of his friends. It comes ROUSE OF COMMONS.
down practically to manhoo{l suffrage, because as
far as Manitoba is concerned, I £lilt proud to say FRIDAY, 7th February, 1890,
that there is llOt a young man of 21 years of age
who does not earn sufficient to entitle him to go all '1'he SrEAKER took the Chair at Three o'clock.
the Dominion list. I know, from the revision of PRAYERS.
the DOlllini01~ list anll the revision of the 10CI.I1
list, that they are nhnost identical, except that ~'IRST READINGS.
the Dominion list is fuller antI contains more Bill (No. 50) t-o amend the Canadian Pacific Rail-
names than the local. I could go into
the question of the way in which those lOCit! li.':Its way Act of 1889, and for other purposes.-(Mr.
have been prep(tl'ed, and I could sho'w that our Kirkpatrick. )
Grit friends are just a.s cfl.palJle of mallipulutillg Bill (No. 57) respecting the Erie and Huron
those list-s in Manitoba as they are elsewhere. 'Ye R'1,ilway Compully,-{lIr. Lister.)
have had 80me expel'ience of their capacity in that Bill C~.,To_ 58} l'especting the Brantford, ·Waterloo
respect._ 'Yhen the }Jresent 11anitoba Goyernment amI Lake Erie Railway Compally.-{Mr. Paterson,
were in opposition, -:all'. Greenway and others of Brant.)
that party pl'Omisetl that, a-s 800n as they got into Bill (No_ 59) to chnnge the name of the Vaudreuil
power, our local Election Actwoultll)esoamended antI Prescott Ruilway Company to the Montreal
that none but municipal officers wouM be enumera- anti Ottawa Railway Company.-{Mr. l1cnlillall,
tors, and yet to-day there is sCitrcely onemullicipitl Vautlrcuil. )
officer holdil1~ the positioll of enumerator in the
Province. 1 hey arc all 01' neady all the Bill (No. 60) to incorporate the Rainy River
\ appointees of 1111'. Grcemray and his partisans. Boom Company.-{DIr. Dawson.)
In my constituency there aro sixteen thousand Bill (No_ (1) to mneml the Act to incorporate
names upon the voters' list, So that; except the Lake Manitoba Ruilway and Calml Company.
Montreal East amI -Toront-o 'Vest, I ,represent -(11ft·. Taylor.)
more yoters tlmt anyone else in this House, Still, Bill {No. 62} t-o grant certain powers to the
I have neyer heard one complaint from Grit 01' Canadian Millers' Mutual Fire Insurance Comp<'l,ny.
Tory as to the making up of- the Dominion list-s, -(1k Brown,)
and I have never seen the subject discussed in the Bill (No. (3) to incorporate the Home Benefit
n~\Vspaper.s or dUl'ing the election, either in 1IIar-
Life Association.-{frIt'. Small.)
quette, Whlllipeg 01' the other constituencies. As
far as my own constituency is concerned, the Bill (No_ M) to incol'porate the 1\Ioncton ancl
electors are perfectly sntistletl with the Dominioll Prince Edward Island Ra!lway and Feny Comprmy.
Franchise Act., I do llot think any at'gtunent has -(Mr. Landry.)
been brought forward t-o-day to show that there
would be any jnstification for this GOVe1'1l111ent CRIMINAL LA'Y AMENDMENT.
retreati:ng from the position they htwe taken, that, Sir JOHN THO:hlPSON moved for leave to
as fn.r as the fedeml elect-ol'ate is concerned, this introcluce Bin {No. G5} further to alllend the
Pal-liament, and this Parlia111entalone, should have Criminal Law_ He said: The objects of the Bill
a right to say who shonlcl vote fol' the members are: Fir<:lt, t-o make the seduction of a servant
. who are to be sent to this House. by a master or employer a criminal offence;
1\Ir. LAURIER-. I 'would suggest that we now second, to (lefine and punish incest; third, to make
I
Rtljourn. It is now 11 o'clock, amI I do not tl1ink more effectual provision for the sttppl'ession of
that the House desires to sit any later. polygamy; fourth, to alio,.,.- jural'S refreshments..
343 [COMMONS]

when on duty; fifth, to enlarge the powers of hard enough to }}ay n. note you }w.ye endorsed
judges when dealing with convictions under the without paying for a protest., Possibly, the
Summary Convictions Act; sixth, to authorise a },Iinister of Justice has had no experience of
justice to submit a case for the opinion. of a that kind, but we who haye had experience
snperior court; seventh, to make c81't-aill pro· of that kind do not ..,vant to pay any more than
visions as to recognisn..nces under the Spee(ly we aaree to pay; and we wllO are not bank solici4
Trials Act; and, eighth, to make it clear that t-ors "'do not int-end t-o pay 82.50 for the priYilege
courts-martial may send to county gon.la. of endorsing a note for a friend. I intend to
:MotiOll agreeLl to, and Bill read the first time. divide the Honse upon the question of charging
more than the present rates for protesting a note
BILLS OF EXCHANGE, CHEQUES AND in Ontario. I do not think that anybody can
PRO),IISSORY NOTES. fairly charge mffl'e, Xu man honestlyeams more
Sir JOHN THOMPSON moved that the House protesting than is now allowed in the Province of Ontario, for
agailll'esolve itself into Committee on Bill (Xo. simply a sinecure a note, A bank solicitorship is
at present, gh'en to some
6) relating to bills of exchange, cheques and friend of the bank, who makes so llluch out of
promissory notes. it in protesting notes, It is not honest not'
Mr. LAURIER. Under circumstances which fait·, when a man sees fit to put his llame upon
the riO'ht hon. gentleman must be aware oi, I think a friend's pfl.per, that he should haNe to pay some
the House ought now to go into Committee of bank solicitor for the privilege of haying done so.
Supply. On Tueaclay last, when the Honse was It is hard enongh in many cases, and disa.strous
about to go into COlllmittee of Su~ply, the hon. enoliah, t-o have to pay the liability, witholltpaying
the Minister of Finance asked me If we had any an u~necvssary and exorbitant chal'ge for it. The
amendment to move. I informed him thflt we in- han. ).lihistel' of J nstice comes from a Proyince
tended to move an amellclment for the removal of that may have a different rule, and different
the rebate duty on corn manufMtured into spirit-a, charges; I am stating the fees as they are charged
My han, friend asked me n6t to move that amend4 in Ont..1.rio. They are large enough, in all con-
ment, for certain reasons, and I at once a.cquiesced science-too large, in niy judgment: but I am not
to his demand; but I supposed that the han, gentle- in favor of chnnging laws that are known and well
man would give me the first opportunity t-o move understood. But upon the question of protest,
that amendment, If we are not given thatopportu. and upon the three da.ys grace, I have a very
nity now, I do not think the hon, gentleman will be strong opinion, I think a man who signs a note,
a.cting towards me with the fairneas I haye the knowing what he signs, or a man who endorses a
right tn expect from his side of the House. note; knowing what he endorses, ought to pay it at
Sir JOHN A, )lACDONALD. I hope that the time he agrees t-o pay it, and he onght to pay
what I say now will convince my han, friend that the amount that he aarees to pay, proyided he is able
we ha1,'e no desire to act unfairly. ,Ve have no do so; if he is not able to do so, his credit-or ought
desire to prevent my han. friend from moving his to forgive him. But this chfl.l:ge of $2.:50 in this
-resolution, but the fMt is that on Friday, on both Bill for a protest, is simply indefensible, and I
&ides, a good many members go away, and I do not trust the han. Minister of Justice will make the
think it would be fair to the Government to a-sk a charges as they are now in Out..1,rio, or. less, if
division to-night. The debate wonld have t-o be possible.
conthmed overtb Tuesday, in order to obtain a Mr. KIRKPATRICK. That is in the schedule
'Complete vote on the r~olution. I can quite -when we come to it.
understand that, in consequence of other notices
of motion all the pitperz' my hon. friend might fear Mr. BURDETT. It is n&1.r enough now. I
that his motion might be forestalled on :Monday, do not intend to let a dog bite me before I kill him.
but I shall take care that he -will not be put In Mr. 'YELDON (St. John). \Ve are not dis-
that position; and, if necessary, I shall give him cussing that question jnst now.
an opportunity t-o.night to make his amendment Mr. BURDETT. You are a bank solicitor.
by moving the House into Supply before adjourn4 Mr. 'VELDON (St. John). Yes; and a respon-
ment, and his amendment will stand over until sible position it is.
T-llesday. .
Mr. BURDETT. Tho responsibility consists
Mr. LAURIER. I am quite satisfied. in drawing the pay.
\lotion agreed to, ancl House again resolved itself :Mr. WELDON (St. John). I will meet my hon.
lllto Committee. friend on that question wheli the propel' time
(In the Committee.) comes,
'On section 49, 1\11'. BURDETT. I do not expect to be able to
Mr. BURDETT. I want to know if the Minister convince solicitors of banks. It is hurd t.o can-
proposes t a sa(111 ( e a man who ell(1or8es a note, vince Ulellf who have their pay in their pocket,
b k butf
with $2.50 for the pleasure of doing so, in the the pOOl' ellow who has his name at the ac a a
shape of a. protest? In Ontario, you get 50 cents note is easily COnyillCen that he should not pay
for the pl'otest 25 cents for each notice and the more t.hfln that sum. My experience has been that
t _e ' ' o f haYlng my name on notes and noL at the foot of
-pas ag . protests. I haye strong sympathy with the D1(l.n
Mr. 'YELDON (St. John). "Ve have not got to who has to pay, and not with the mall who is paiel
that yet. I for doing little work.
Mr. BURDETT. 'Ve are pretty near it-close Mr. LISTER, There is nothing about protests
enough to talk about it, anyway. I think it is in that section,
Sir JOHN TUOMPSON.
 OFFICIAL REPORT
OF THE

DEBATES
OF THE

HOUSE OF COMMONS
OF THl!:

DOMINION OF CANADA.

FOURTH SESSION -. SIXTH PARLIAMENT.

B2° VI(,:TORlLE, 1890.

VOL. XXX.
COMPRISING THE PERIOD FROM THE TWENTY·SEVENTH DAY OF MARCH TO THE
SIXTEENTH DAY OF MAY, INOLUSIVE, 1890.

OTT.A. W.A.:
l'RINTKlJ BY BROWN CHAMBERLIN, PRINTER TO THE QUEEN'S MOST
EXCELLENT MAJESTY.

1890.
3161 [APRIL 10, 1890.] 3162

if there is fin appeal to the Supreme CQurt, it is a pcnalt~· for acts of gross immorality committed in
I
ouly all the question of law, and ,\ye know how, reference to a male person. lYe lutye llpon that
appellate judges are circumscdbed by rules, and: subject Yery little law, find we have no remedy
how they refuse to rede", the findingfJ of the I for offences which are now notorious in another
court helow in reference to facts. I hrn-e heard of: country. and which have ruacie their appearance
some awards made alL-eady by the· Court of Ex-I in this country. It will, therefore, be necessary,
chequer, of vast S11ms, which haye somewhat sur- [ I think, that a clause of that kind, which is in the

II
prised the public, and I. think there ought to be a Englhih Act, shall be adopte(1 here. I propose,
prO\"islon made in the la-w so that the Supreme however, in committee, to enlarge the maximum
Court may have odghlftl juristlictioll as nearly as term of imprisonment from two years. III this class
may he, cOllsidE;ring that the wit.nesses are not of offences which, as I have said, have obtained
I
actually exatninetl before the Supreme Court. some notoriety in the mother country, and which
There is no other court where such large claims have made their appearance here in one 01' two
COlUe before it for adjudication, as the Exchequer places,themaximumpenalty of two years' imprison.
Court. It is 1111ique in that regard, and I think ment, I think, is entirely inadequate. Section 4 is
,nothing short of the full and unlimited light of I intended to remove doubt.s as to whether there is
appeal, in that way, wiUmeet the interests of ~he an offence -when only one person is present where
,::pnblic. there is an improper exposure. Section 5 is to
Sir JOHN THOl\IPSON. No doubt, whnt the remove dOllpt ~ to the. effect of consent of young
; hon. gentleman says is worthy of consideration. peysons. I 'v~l1 explalll th(l~ more. fully m cmn·
. I would remind h.im, and perhaps he is aWare of it, Imttee, and glVe the au!!tol1.ty w}l1c~ makes .that
limt the claimant is not precluded from asking a seem ne?essary. ~he sl:<th s~lJtlOn l~ m.aterlally
: ravie,.,. ofthe decision of the judge on clllestions of change(I.ll1 the,repl'lllt of the BI.ll, and.Is mtended
'fact. There is now an appeal on questions of fo.ct, to ~stabhsh a penalty for the cl'l.me ?f Incest, as to
and the practice is for the judges abO\-e to hear an whlCl~ there has ~een .no .legIs1atIOn,. although
I
~-,\~ument on qUe.'>tiOllS of fact as well as of law, some att~lOpte(lleglslatlO11, m the Parlmment of
/{l,'nd sometimes to reyise the (lecision of the jnd~e I Cana~1a, As a matter of fa-ct! most of th~ sn~alt
,-.\telow on questions of fact. All that can be saul I PrOYlllceS lmd,· before the Umoll, p~nal }eglslahon
I
"·iliout it is, that there is an inference in f£"'or of for.tlll't~ off?nce! al~d very severe Iegislahon. That
~hc Gl)\'1'ectness of the nUtUng of the judge of 1 l~gIslatton :-s stIl! m force, amI offenders ,are oc,ca.
};til'dt instance on the question of fact. It is tl'ue, I ~lOU£l:lly. be.lIlt; ttl.ed before tl;e couM:,g !mvmg Crl!u·
':thatthere is now an ttppeal of questions of ia-ct U-5 mal JUl'lsdlCt~on 111 tl;c. ProYInces?f Nova Sc~tta,
-'""\,'e11 as of law hut I u-dmit that it is not M full as New BrunsWIck, BntIsh Columbm, anll, I thmk,
, if in allowing 'the appeal w~ ge,Ye the COllrt above P~ince Ell;-vard IsI.and, for the critn~ of incest.
I, the complete revision of the decision of the court .'\\-e ~a.ve, 111 the prt..ons?f _those Provmces, now,
-below as is done in some countries. COllYIcts who are serymg long terms for that
. • l' d ' offence. The anotrl.aly exist-s that in the two Pro.
,BIll reported, and 1'8<.1.( the tInr tune and pas.<;ed. yinces which fot"merly constituted the ProYince of.
CRIMINAL LA \Y A"IENDi>lENT. Canada, that -which is a highly punishable offence
in the other Provinces, is not an offence a t nIl,
Sir JOHN TH01IPSON 1110\'ell secomi reacI· not involving, eyen, one hour's imprisonment.
~illg of Bill (Ko. (5) further t-o amend the Crim· The fads ~o almost without saying that the
; !ua-l L.1,W. He said: I will ask the House, when it necessity eXlsts for it in these two Provinces, and
':·gpes into committee, to t-ake up the latest rel'rillt that the offence is not an uncommon one. As n.
-of thi!l Bill, which has' been distributed. t is matter of fact, somo of the prisoners lWW iu the.
,}:eprinted as propose{l to he amended in Committee penitentiaries of those two Provinces, who are COll·
:,..of the ,\Yhole. The Bill contains n number of yicts for the crime of rape, haye committed the.
(:~li1elldmetlts to t·he law, with regard hoth to the grosser offence of committing that assaltlt on their

I
;:9titninallaw ntHI the law of proqedure. There is own children. In one of those Provinces a case was .
.~a W'qvisioll in the first .. ection which is. slightly brought to my notice a few weeks ago, of a pel'sou
;llW!'e stringent than the existing law, with regard who hus cohabited with his own child and had
I
~~to seduction, in which a criminal MSault on a tWl?lve offspring by her, and he contullles hl that
I
",'female is punishahle. Section 10, ,"hich is to state of cohabihttion in spit-e of any remousttallCe
f~':U~ ~re.1,d hi connection -with section I, contaim eithel' fro111 Church 01' State. ,\Yetheteforesee the
,}_p):ovision and 11enalties fol' unlawful amI carl1fl.l t-wo facts I have represented: First, that this crime
I
::knowledge !LUll abuse of a girl un.der .the age is hi!;:h};Y pnl1ishaT~le in seyeml Provinces of tl;e
,:,pf 13, SectlOns 1 and 10 togethel' wtll give us a Donnlllon and not In others j amI second, that 111
',',mora stringellt rule than is found in .0Ul' present. _those other Proyince" the necessity exists, even to
'.~-stat~ttes, nIld will udopt the Engli!lh rule on both; a grentee degree. I IHwe restricted the operation
I
~_: th~se subjects. The second section of the Bill is (I. of the section very much since the Bill was intro·
;'_;provhioll fol' the punishment of persons who I c1ucecl, in order t.o l'e1l10Ve any possible trouble on
~~~:dllce thos? who ~re under their protectiOl~, 01' i t!w score, of interference with the marrin-ge rela-
~p\ho fl.1'f;;'- 111 theH' employment. It pUlllshes I ttol1, and ItlS now, therefore, confined to parent and
_\;,!' guardian 101' se(lucing his -ward, nll(1 punishes I child, brothel" und sister, gt'amlparent and grand·
'·~etnployers amI workmen in factol'ies, nUll chil(1. Section 7 i.. for t,he punishment of
~)/oreU1en ill factoties, who seduce females -who i a parent 01' guardian who procures the de.-
~",are ill theil, sel'dce and in their etnp lol"meut.·l filement of hi<> child or ward. Section S
";~J haye added a snb-st'otion ·whioh ",ill ena )le tIle: is intcndeti to extend the prohibition of hi¥,'-un;'l"
c· ue~elldant to testify in 11il3 own hehalf, find "'ill: It is to make It secontl marriage punllihab1e during
>~'e(11tire the e\'hhmce of the prOSe(~llt,l"ix to 1)0 i the life of -wife or huslltl1l~:, whether the mnrriage
-::,~ol'l"obol'nted. The third sectioll of the 13ill contains i t-ook place ill Canadn or elsewhere, 01' -whethel'
3163 [COMMONS] ., 'I
316i~-It
===================T================~~
the marriages takes plaeeshnultaneously, or all. the is one of these offences. I am not able to acquiesi~ii
same day. In case of marrying 1110re than one pel'~ in the request of the labor ol'ganisa.tion, because ttl
SOn on the same day, or b.oth at the same time, the would relieve from punishment pel'SQllS whQJ
parties were not punishable under the present conspire against the law in some cases, which nte_~
law. Section 9 deals with the practice of poly- not within the purview 01' knowledge of those wlri)::'
gamy, which I am not aware yet exist.a in Canada, lu:we requested the more extensive changes to lie!l
bllt wMoh we are threatened with; and I think it mude. There is a provision in section 19 tQ:1.
will be much more prudent that legislation should relax the somewhat ancient law· with reg(\rd --tiP
be adopted at once in anticipation of the offence, jurors deliberatin~ 011 their Yerdict, and too pel1u,tJ
if there is any probability of its introcluction, that they may, U1 the rliscretion of the jtttlgt:/l
rather than we should wait until it has become be allowed to use a fire while deliberating out Qt.',.~
establislie(1 in Canada. Section 10 I have already court, and to ha"e reMonable refreshment. TM-_~
explained. Section 11 contains a provision which law which. makes. it ne:esSill'Y that fl.. jury,.in ol'd~r::,'i
seems to be yel'y necessary with respect to the to haBten tts dehberatlOl1S, shan both shn-er ailti.".1
hearing of a char~e in regard to which it may be starve at the same time, is too obsolete for thai
important to consIder the statement marle by a mo(lern administration of justice, and we prOPd!i~l'­
person too young to know the nature of an oath. to haYcit [qneuded. A requeat in thisresl?ect cMQe~
'Ve have seen \'"ery gross offenders escape, on the from the Government of Ontario, and Sll1ce theil'
simple plea. of not guilty, in clear cases of assault a Bill has heenintl'oduced into the British House,ot'
On children, fOl' the simple reason that there ,vas Commons to a.ccomplish the same change thel'_~;i,
no possibility of taking the child's statement with- There al'eYariotls provisionslike,yise in the Act Wit.k}
out the 8<'tnction of an oath, and the shnple taking reference to the law of summary convictioilll, The.s'6
of that statement would have been sufficient to are somewhat complicated, and refer to mattel'$ Oill
haye put the prisoner on his defence and procure pl·actice, and I hope the House will allow me t{j~
conviction. Section 12 is to remove doubts as to explain them more fully in committ-ee, when I cnn;"i
cases in which there is personation. present authorities and details. There is likewisej
:.\1r. MITCHELL. Is such a section absolutely a provision, adopted in accordance with legislutiQi:(~
necessary? I do not understand how such an in Manitoha, in relation to reformatories for hoysit
offence can occm. I never heard of snch a thing :Notwithstanuing that this Bill is a somewhat longj!
occurring in Canada. one, I shall have to ask the House to considerd
Sir JOHN THOMPSON. It has occurred in in addition to the provisions I am offering here,'1
E some others which ha"6 been requested by the'
ngland, and it called for a statute of the United Governments of severnl Provinces, to amemtc
Kingdom. Cases of that k.ind are reported. certain other provisions, notably with referen-ce~,'
Mr. MITCHELL. Such a section seems to me to juvenile offenders. It is desired by th~i·
-to he unnecessary. If a woman does not know Go\'ermnent.s of three Provinces that pl'ovision-'
whether her husband or someone else is in hed should l)e made enhnging the present enactments•. .•. .
with her, it is a strange thing. with reference to industrial schools, and juvenile
Sir .JOHN THO:U:PSON. I no'w come to section reformatories, so as to increase the number of thest-
13. This is one ,,;hich will require yery serious institutions to. which offenders mn,y he sentenced;~'.
comideration, llecanse it proposes to carry the I was unable to draft all these provisions in the Billt\
law with res~ect to false pretences as to (uture even down to this day, because the preparation at.
events. SectIon 18 is a section which has been these clauses required, not only conference with;J
Mked llY persons connected with the labor organ- the vroyiucial authorities as to the nature of th(~
isations; for the purpose of l'emOvi~lg doubt as to provIsions which would be acceptable to them, uut_~
their liability to prosecution for conspiracy where likewise concurrent legislation in these Provincesi~
they simply desire to refrain from entering the and that legislation lIas only just been COUlll1m;fjj
employment of any person, in consequence of the mated. The provisions on that sl~hjcct, I wiU~l
violation of the rules which have been laid down be able to show the House, have i l l every cas~}l
for their guidance as members of the orgaitisation. the concnrrent action of the Pl'oyincial Legis~:~~
In one case there WIl,S a conviction in consequence tnres, and will be introduced at the reque.sJJ
of the determination of memb~rs of one of thelal)or of the Provincial Goyel'nments. The concurrent~
organisations, a.ccortling to their rules, to refrain legislation was nec€S3ary in Qrder to establisil:
from working at a certnin place; and they desire these industrial schools and reformatories firl
-
to have it enacted that it shall not be it criminal places of detention where l)risoners can lawfullY-1
conspiracy to do anything that is 110t contrary to he detained after they are sentenced under Oll~l'
law. I lmclel'stand that now to he the 1M,', and the criminal law, and likewise it was llecea.~ry that'
only hesitation I have in asking the Committee to provision·should be made by the municipalities, at:
adopt this section, is that I so understand the law the instance of the Provincial Legislatnres, for the~,.
at present. The requests of the labor organisa- support of persons who, from time to time, may be':!".
tions have gone somewhat further, as I must sentenced to detention in these institutions. ::
explain in order to state the whole case to the :Motion agreed to, Bill read the second time, and~
Committee. They desire that persons shall not House resolved itself into Committee. -;j
be punishable unless they enter into a comhi- ~
ll(l.tion todo somethingpumshable by statute. That (In the Committee.) _~
would leave out of consideration entirely cOllspi- :i
l'acies to do that which is prohibited by common On section 2, J
law. It is true that the criminal corle is so exteilllive 111'. BLAKE. I would a-sk the ).Iinister or~
that there are but few offences punishable by law, .Justice if ,there is any sufficient reason for t.he]
which are not punishable hy statute, but there are limitationoftheageto twenty-one years, because,ifl'
some, and boycotting in its most malignant pbase, ba,ye not been misinformed, very painful cases h(lY~l
Sir JOHN THOMPSON. ,-{

i
-4
3165 [APRIL 10, 1890.] 3166

ocourred where the age was over twenty-one, and years, should llOt be a criminal act if committed on
where the impoverished condition of the unfortu- a woman of thirty,
nate woman, and her state of subordination, was Mr. MITCHELL. Better make it fifty.
the cau!:Ie of the seduction?
Sir JOHN THO~\'IPSON. I do not kllO"\\' that Mr. CHARL'l'ON. 'I see no necessity for a
there is any reason why the age should be Iimitedj' limit at all; but I think the age of thirty IS a fail'
and I would be willing to ext-elld it. compromise hetween that and the clause of the
Mr. MITCHELL. I think that at the a,ue of Bill.
twenty-one, a. girl is quite able to take cure arher. Mr.' DAVIN. I have a greht deal of sympathy
self, and I do not see allY reasoll for extending the with the view taken by the hon. member for 'Yest
time. It appears to me that the whole Bill 1m3 a Durham. I think, from what I have re.:'Od, that
very' great tendency to ~i\'illg faoilities for black. the relationship existing between owners 01' fore-
maIling, and that is a thlll&" which should be cure· men of fu-et-ories, and their female employees, is
fully guarded against by tIns Honse. liable to great abuse, uml I certalllly think that
Sir JOHN THOi\IPSON. That may be said ally man who abuses that relationship, should be
with reference to every enactment. Cases have ptlllished. But the question is, after all, not thor-
occurred, as the 11011, member for 'Vest Durham oughly grasped when we look at it from that point
(Mr. Blake) has mentioned, culling for tllis remedy, of vie,,, alOlle. You have to t.ake into account the
and they ha ye been brought formally to the notice possibility of the owner 01' foreman of a factory
of this Govel'llment by the Labor Commission, in haYing in his employ othors besides snch destitute,
their report, which gives details of the evidence poor women as the han. memher for 'Yest Durham
with referellce to these cases in fact-ories. In ac- referred to. There haye been he.:1,rtl'endillg cases
cordance with that report, the labor organisations of authority having been used t-o dra&: down, proh-
have very properly asked that we shall make it an ably yirtUOlls women, into degradat.IOn. I grant
offence for·a person who has a female employed in all that; but suppose, on the other haud, that
his factory, to seduce her, or to use the power there is a designing woman in the employ of a
which his position as employer gives him, to ma-ster or a foreman. A limit of thirty years of
destroy her character. Under this Bill, the de- age is suggested, but we read that Ninon de
fendant has a right to he a 'witness on his own l'Euclos, at the age of eighty, was Olle of the most
behalf, and the plaintiff's evidence requires cor· fascinating women i.n Paris.
roboration, so that the provisions of the Act will Mr. MITCHELL. Is she a1iye yet 1
be slU'roUlHled by all necessary safeguards. The Mr. DAVIN. I do not think so. If she were,
defendant can have the'benefit of his own testimony, I would not give he.1' address to my hon. friend
and the incriminating evidence must be corrob'o- from N ortlnunherland. I entirely sympathise with
rated, which is rarely required in the criminal law. the attitltde of the Bill, and with the remal'ks made
I move that the age be thirty years inst-eacl of by the hon. member for 'Yest Dnrham; but you
twenty-one years. ought not merely to punish the scoundrel who in
:Mr. MITCHELL. I do not object to the prin- the position of employer or foreman takes advan-
ciple of the section, but I object to extendill&" the tage of his authority o)'er the women under him,
age to thirty years, because I think that a girl at but you ha,'e also t-o protect the employer, who
the age of twenty-one is quite able to take care might possibly be an innocent man. Amongst the
of herself. I think the whole tenor of this Bill is women in his employ there might be a designi.ng
to give facilities for blackmailing individuals, and woman who w'ould throw herself very much in his
we should be extremely cRl'efulnot to extend those way, and who would do what has been done again
facilities. I think the section was all right as it and again in the history of the world, namely,
was before, and I obje~t to the suggestion made seduce him. Hon. gentlemen sometimes speak as
by the hon. member for 'Yest Durham. though seduction wa-s only an offence against
MI'. LAURIER. :nIy han. friend seems to for- ,yomen ; hut any man who knows anything of the
get that this legislation has been recommendecl by hist-ory of mankind, 01' who is acquainted with the
a commission which was empowered to lllYestigate world, knows thatsecIuction is just as often effected
the relations between masters and S(lrYants in by the woman as by the man. With the senti-
factories. Iii our civilisation those relations are mental view of pity for a POOl' girl who means to
different from 'what they are in families, amI cil'· be virtuous, but who is exposed to the danger of
.cumstances have occurred in which the employers being dragged down by her employer, I ha)'e the
of labor haye taken adyantage of women, 'whowere fullest sympathy; but we know that there M'e bad
over twenty-one it is true, but who, in cOllseqnence women as well as had men. The right hall. le.:'\.del'
of de.stitutioll were, to a great ext.ent, in the power of the Gove1"1l1nentrefersmetothecase ofPotiphal"s
of those men. If a man is base enough to take wife. Of c'ourse, we know that suchcaseshayeoccur.
adYama&:e of any woman who is dependent 'upon red. 'Ye could refer t-o cases where women haye been
~im in.hu; factor~", I would Hot ohject at all to fix- sent to act as cliplomat-s even, and sent to men who
lUg the age to tlll1'ty years. were known to be of a certain temperament and
easily led to lapse from the direct and straight
Mr. MITCHELL. I haye neyer heard of an in- course, in order to influence the minds of such men,
stance of adYalltage being t-akeu of a woman who even with regard to political affairs. I say, then,
was not pretty willing to accede, and I do not that the twenty-one year limit is a properlimit,
think we should IIaee men in charge of faetorie.s because I hold that, after twenty-one years of
at the mercy 0 the female sex, because tllll,t is age, women are very well able to take care
what this Bill is doing. of themselves, and before twenty-one a woman
Mr. CHARLTON. I do not see why a criminal is not likely to becollle possessed of those
act, committed 011 a female under twenty-one arts which are developed by experience. 'Ye
3167 [COMMONS]
I
316~t~
--i;~
know wry well that many a girl has the repu- ~his Bill, aud I w~ll tell :yon ~\·hy.. I b7lieye there>~
tation of {t. preYiously chaste character, !l.lld that IS too much sentnuentahty 111 leglslatloll of tbii.::l~).
her chastity is, like the phases of the moon, very character. I fear that hon. gentlemen who feel f\i;-~r~
changeable. If you do not put the limit at I t~o.h!we llOt always the cOUl,:ge to express thefh1i
twenty-one, where are you going to stop? OpllltollS, 1'\8 I have abont thIS and eyery othei;'~~~
There have bee11 women, n.t thirty.five, more matter, and I may c~n ~ttention t~ this fact,
fascinating thrm many at twenty 01' t"wenty- when the moral leglslatlOn, of wInch my WOl'thi'}}~
tllat;:z1
one. I think the clause, as it stands, is a good one. friend from North Norfolk (.:'.Ir. Charlton) is the:i~
\Ve shaulll protect women, but shouhlllot pass a promoter, has to he illtroclnced, t-o whOln is h ,'~r~
clause implying that all the fault was on the Olle compelled to appeal to second his motion but my~~}~
shte and none whatever on the other. Qne of the self, for there is scarcely anyone else in the Hou'-~
dangers we have to guard against is the danger of to do it. And have I not done it ? ;; -;,:-,,'~
h~,
being swayed too much by lllere sentimelli.:"\lity. }oIl'. CHARLTON. Always. .: :,~"-;
That sort of legislation, with which the hall, memo
bel' for North Norfolk (Mr. Charlton) has identified Mr.1IITCHELL. I think thel'earetwo clasJi~}a
himself, looks so good; hut you may by it really to be protected in this world. There is not onii-;~~
open the door to bla£kmniling, and, in fact, almost the female class. I will go as far t-o protect them:~t
put a premium 011 women falling. 'Yomen might and make life happy to them as any man, but ,\;~/'i~
eyen fiml it profitable to fall, who would otherwise h:-we the right to protect ourselyes; and it is Oltr:,;-{
11&ye kept themse1Yes straight.. duty to see, not for oUl'seh-es alone, but as repre:<':'
Sir JOHN THOMPSON. I am obliged to my sentative men, that legislation is not placed upotiY~
hon. friends from Assiniboia (Mr. Dayin) and our statutes which is unfair or unjust, and likely:':"~~
Northumberland (Mr. 1Iitchell) for ~iyillg such a to lea(\ young men into trouble improperly. It is';''!
generous support to the Bill, notwlthstanding it the duty of every man to discuss this question lis-':k
has such a. good appearance, for that is what the fl'eely, openly and squarely as any other qttestion;~/
remarks of the hon. memher for Assiniboia I know that men are not generally inclined ~;:_;
amounted to. He said that when a. Bill is intra. stand up and discuss questions of this kind. I iuii;_:~
eluced which has the appet\raue:eof aidingmornlity, in favor of legislntion, but I am determined ·thjl.t: ~
we ought to be exceedingly cautions. Perhaps not the female alone shall be protected, and agr~e.' )
that llmy be so, -but I am glad the han. gentleman with the opinion ,of the 1l1ember for Assiniboin, that J
has overcome that sense of pr1.tclence by gi ying my the men should also be protected in the clauses-Of:·.~·
Bill a fair nmount of supportnfter all, andI am yery this Bill. ,','.-;~
grateful indeed. I grant that some of the opposite 1fr. DAVIN. The Minister of Justice, I think;:,::
sex may have the fascinatiug ways which the hon. misrepresented a little my position, I was not
gentleman and the han. member for Northumber- criticising his Bill adversely. I wa-s discussing th¢;;
land (Mr. :Mitchell) itttribute to them .. I yield to proposals to amend this clause, and I say thafr'
the snperior knowledge and experience, in that twenty-one yem's is (I. reasonable age, I expre.."Se~.--'
regard, of my hOll. friends; but the woman with my sympathy with the object which this Bill hat",
the fasoinating ways, the distinguished courtesan in_view, be<:atlSe I have liYed in England, and llav:e-A
to whom the han. member for Asshlfuoia referred, heard something of the abuses that occur in fac-:_,-';
and Potiphar's wife, were not working ill factories. tories. Btlt I certainly do not want to see legis~a:., \;
111'. 1IITCHELL. You cannot tell that. tion of this kind carried so very far as some bon-'.l
Sir JOHN THOMPSON. Nor was Joseph a gentlemen would wish to cal'l'y it. ",'::_;
foreman in a factory. Believitlg all my 110n. friend "lir. PATERSON (Brant). 'Vhy does t'}ie:J~
says, u.s to the necessity of guarding carefullyagainst 1Iinistel'limit his Bill to factories, mills and w(lrk~~'
abuses under this legislation, I submit to the good ~hops 1 T~ere are a great. many. wotnen employe~;~
jtulgment of my hon. friends and the House, III the puhhc offices of varIOUS kmds now. ';.~
whether we have not taken exceptional care to ?ofr. DICKEY. I would like to dra.w the af'~:~
protect the person who may be prosecuted 1 Con-
tra1'Y to the provisions of the crimillalla:\v~ which tention of the Committee t-o the peculiar WOl'llin.gi~
haye existetl from the eadiest tinies in the history of this clanse. It reads: '
of English jtu'isprudence, we have thrown-open the "Everyone who, baing a. gllnrdinn, seduces orba.sill.ici_t~
wit.ness-box to the person accused. :\fore than connection with his wa.rd." ". ~
that, we have provided that the judge shall not Nohody would object t-o that in a case ~(~:_
belieye the prosecutrix unless she procluces other gmt-rllian, but I would like to ask the COln1l11ttt;:~
evidence in support of her story. And in addition if it is right to punish not only eyery employel' who,
to that, hefore she will be allowed to giYe eyidence seduces, but one -who has illicit connection with n~y_:
at all, she must bring proof to establish her pre- woman in his employ? I quit-e admit that. allY·
"iOllS good character. ,Ve 11(We left no door open, man who takes advantage of his ppsition to S.C(hlC~'
which we lul.\'e the powet to close against hlack- a woman in his employment should be pU~11.5hcd~
mailing, and hEwing done that, we haye situl)ly to but it seems to me to he a \'ery questlOnable.
(leal with a ClMS of offenders -who are not only proYision which will ptlt a man in thepelliten~inr1..
criminals 1mt oppressol'S. for four years fol' haying illicit connection ,nth ~
~rl'. :MITCHELL. The hall, gentleman has re- woman in his employment. I snppose allY con~
ferred t-o the opinions of the hOll. melllbel' for nection with a -woman, with her free consentl
Assiniboia and myself, nnd he has saitl that h.e has would be nn illicit conllootion. No doulJt'l that
guarded in e,'ery -way against impl'oper use being may be yery objectionable, but it is not 81Iffi~ie[lt_:
made of the protections he has thrown arotllHl the to make the man liable to foul' years' impnson-,
fail' sex in connection with factories and ,Yol'kshops. mCllt. In this ca.se, all that would be necessa,ryt.o..
I have ttlken exception to 80me of the features of pl'oye would be the fact of employment, anti thcn.l
)-1r. IJ.'\'YI~. ,
 3169 f AP lUL 10, 1890.] 3170

'the illicit connection WQultl be sufficient to send influenee in a way in which others are not? He
the mall to the 1l8nitentiary. might take many of those ",'ho are employed in
. Sir JOHN TH01\IPSON. That is ohjection- offices and c1epartment.s of trade and commerce, as
able 011 the same ground, <tS the connection he- they now are, and might find it aclYisable to
hreen guardians and 'wards, and precisely the extend this pl'ovi~ion to them.
same argllment could he nil8d, that the ward had Sir JOHN THOMPSON, It is true that the
consented, and that the illieit connection took Bill might he extemIec1, amI it was originally
plnce without iuYolYillg any of the elements of drafted to meet the views expressed hy the hOll.
aeduction. These persolls who are 81l1ployetl in gent1eman, but, hearing the opinions expl"essell
factories are Ululer the control, and, ns the leader of here and outside, I thol1ght it bettel'for the present
the OppO!!itioll said, to a great extent under the to confine the Bill to what is known to be a press-
power oHheir employers, who are able to influence ing necessity, which calls for an immediate-remedy.
them ill various ways, by iear of dismissal, hy fear ,\Ye have not ban any information that it is necessury
..of disgrace, and in other ways. I think that any- to extend it further.
I. one who has women undel' his control to that
··extent, and who abuses his power; should he 1Ir. MITCHELL. I have lleyer heard of the
t [nade liable to this -peIU\lty. It does not follow ahuses to which the hon. gentleman refers, and I
that the term of imprisonment should he four wonld like him to state on what he bases his
,:;-yeal's, as the han. gentleman has st-ated. The measur~ in that respect. \Ye have all heard_ of
~ 'ljul,xhnum is two ye..'trs. and it may be malle less in the abllses which exist in the Civil Service, and
lithe disc-retion of the judge. this Bill will not apply to them. If we are
li,_.,'_Mr, DAVIN. It appeal'S to me that this Bill extending a severe criminal1'tw to one portion of
";aoes not go fat' enough. Take the case of theatres. Her Majesty's subject.s, I do not see why it should
r:'We know that the young women who ,we elUllloyed not be extended to the rest..
i!dn snbor(linate, plwts in theatres are frequently 'Sir JOHN THO:\lPSON. I hMe never hearu
Y,,'se(j.ucecl by the managers, and we know that they of such fibnEes as those to which the hon. gentle·
(;.E¥re cOllstantly liahle to be aff'ectetl by the temptu. man refers.
(ilion placed in their way, that they will get good
i&..parls so that they will be able to show their skill Mr. MITCHELL. I have, and lllany others too.
bM aetre.sses, if they submit to the advances of the Amendment to suh,titute thE! word "thirty!l
~_,;Jhanager. I think that i~ a vel'y s€'riO\\S matter. for the word" twenty.one" agreed to-Yeas, 48,
r;' ~- Mr. :MITCHELL. I quite agree with the hon. nays, 29.
&.. gentleman that, if this Bill is to he extended. it
t,_,sJ1.ould go still further. There is nothing l1ere t{J On section 3,
t'.llre\·cnt your seancing your servant maitl, or your Sir JOHN THO}lPSON. I moYe that the word
t_-,c:OOk, 01', as an holt. gentleman ll€t\l' me sllggests, u t\\'O 1/ in the last line, be made "fiye. ,.
:: ~¥0tU' typewri~l" The typewriter has the most Sir RICHARD CART\Vl<,IGHT. I entitely
r-_l~timate conllection with the person who employs approye _of the purport of thisAct as regards the.
t ,her, and the typewriters are generally very offimce which, I J;l:resume, the Minister has in yiew,
(.Jascinating. I desire t{J know wha,t the r.Iinister but is it not pOSSIble that the words he has used,
r; of Justice llleallS when he refers to the elements of "~oss indecency," are not sufficiently precise, and
~. ;seduction.
lll1ght lead to cOllsequences that he doesllot intend?
~_ Sir JOlIN TH01.IPSON. In 'Ull5Werhlg the Of course, I am, quite aware that the l'articl11'\l'
~; hOD. member for Cumllerland ())fr, Dickey), I said crime which he has in mind is one which, I very
~+,tp.at the illicit cOllnection.hetween employers and Imtch fear, has been on the increase in certain
~~zt~e employell should be punishell, although it was sections .of society, and can Iml'lUy be plluishecl too
f~'_Jlot accompanied by actual seduction. seyereIy, In my opinion the wonls are not legal
;o_',~ __ ~~r. MITCHELL. Then I should like to know words, aml it strikes me that consequences migilt
~'~'wltat the hon. gentleman me..'tus by the term ftow from this phraseology which the hon. gentle-
~;: II :seduction? " If it means illicit connection with. man does not contempk...te.
!;,'~~mt the consent of the woman, then it means rape; Sil' JOHN THOl1PSON. I think itisimpossihle
~":.bllt, if it llleans connection with the assent of the to define the offences any better. TheproYisionis
W'~t'l;imfUl) it may be seduction or it may not, hut in the Sfune as the English provision of chapter 69,
l~'; h,at c..se will the mall be punished? 48 and 49 Victoria. It is im-:possible to define
~} "!:?ir JOHN A, ·lIACDONALD. III either case. them any better, for the reason that the offences
~~~- Mr. MITCHELL. I -was 1111a1)le to llllderstancl cases which are aimed at are so various. The not-ol'iou'3
I mentioned a f8\,' moments ago are not the
';:.-;.J.l.l€ me,.1.11rng of the hOll. gentleman ,,,hell he spoke same in their chal'acteristics, and the description

1:>
{.<,;;Of the" elem.euts of seduction."
which would coyer them would not apply to these
~Ir. ,PATERSON (Bmnt). I do uot object to cases which hfive been lltollght to my attention, as
"~~thlS 1Ml. On the contrary. I approye of the Bill; occurring in Canada within the last few months.
}i~\lt I cannot see why the line is drawn at fa-ctories I think it is better to leaye it in this forIll. It is
:l:,al\d Workllhops. The :i\Iinisters know very 'well not more Yague than the English Act.
~~:thfl~ !here are many people employell in cUfferent Sir RICHARD CARTWRIGHT. Do I under.
_6POSlhons w})61'e they might llossibly come lUHler
i}he c?mpelImg power of t,heir emllloyer& Ol' others stanll.the used
:Minister t{J sa.y that the words he has
are the same as are used in the English Act?
:., n~Oclatea with them as llluch as in the case pro·
~}-vlae(l for in this Bill, Docs the 1lil1istel' of Sir JOHN THOMPSON. Yes.
_< Jlli!tice believe that the female operatiYes in fac- 'DIr. :MITCHELL. I would ask the Ministel', if
;§;tOl'leS and workshops are subjected to this sort of the offence that is refert'ed to in section 3 is the
';;' 100

3!i! [CmnIO:NS]
-----------------
same offence that is referred to in section 4, for I
see exactly the same WOl'dS~gl'OSS indecency-aL'e
llsed in both sections.
Sir JOHN THO)'IPSON. They ure not the
same. Section 3 refers to improprieties hetween
two male persons; section 4 refers to indecent ex-
posure.
Mr. BLAKE. I doubt yery much whether
there is any ot,her class of cases in which t-here L<:>
more danger of hrnhl,lising people than in the class
of cases denlt wi.th in this clause 3, and I wouhl
suggest that the pelmlty of whipping be aelderl.
Mr. CHARLTON. ' I ,,,ould l'emiml the )Iinis·
tel' of Justice that the oft'ence refel'l'ed to in clause
3, in many American States, is specifically named.
Sir JOHN TH07\IPSON. I propose to £Llld the
words" and to be whipped" to clause 3.
Nr. 1II'l'CHELL. I still think that in so seri-
OllS a Hiatter RS one inyoh'ing an imJ,ll'LsOmnenti for
five years the specific act characterlseci as l ' gross
indecency" should be put in the statute. I do
not think there ought to he any uncertainty ahout
it. If theI'e is a term to apply to it, the 1Iinister
Ollght to put that term in the Act.. Suppose a
person is charged with .an oft'ellce of this kind in
Olle of the country districts before a justice of the
peace. There are fifty kiuds of gross imlecency.
The term may mean one thing in Olle case and a
much more serious thing in another. I hohl, the
1Iillistel' ought to put the exact name of the
crime ill the statute, so tlmt there ml\y he no mis·
take about it. No false modesty sh0111e1 restrain
uS from protecting the liberty of the subject in a
case like tllis.
Mr. IVES. I woula n-sk the ).Iinister to what
extent he applies these words: "or is a })ftrty to. Jj
Sir JOHN 'l'HOlIPSON. Any person who is
all accessory lJefore the fact, I should say, -would
come Ul1ael' these words. As to the compulsion to
whip, tlmt is left in the discretion. of the Court.
On section 4,
Sir JOHN THOMPSON. I will amend the
section by inserting the words:" eyery one who
commit-s an indecent exposure of the pel'soll in any
pltblic place." , cOl'l'ohomt-ed by other persons.
On section (3,
Sir RICHARD CARTWRIGH'r. If I under·
staUll this clause aright, women as -well as men 'will
- be subjected to whipping under it. ' I hfl,Y£ no
objection to a man being whipped as sounaly as
the han. lIIinister desh'as, but I yery strongly
ohjectto t1mtlmnishment being inflict-ell Oll women,
and I hope the section will l)e amemlel1 in this
direction.
Sir JOHN THO'JIPSON. There is no intention
to do so. If the section is open to tIm t construotion
we canamelHl it. In all the provisions with respect
to whipping, there is no distinction nu,lle to sex;
but there is n distinct provision in the statute re-
lating to punishments, that no woman shall be
whipper1. I will nIter the section to read: (( ally
male person shall also he liahle to be whipped."
-;)11'. CASEY. Quite apart from the 'whipping,
it is uui,)'ir that helpless parties connect-e(l with
such indecency should be liable to the same pun·
ishment as the principal offenders. "~e have had
recently reported several casas of incest, I am
:Mr. l'.hTC.lHELL.
;I
3172~
·~tf
--------::;ii
asl\(uned to say, between father nndc1al1ghtel'. Thesi-~~
outrages are generally upon vel'y young gil'1s, whQ,4
nre absolutely undel' the power and control of thei~~~
pal'ent-s. .1 think the clause as it ,stn.mls. would:~
amply apply even to cases where lllcest is COlU."';.;
mittell forcibly. I hope the :Minister will ex})lairt F;
the clanse. -;.J(;
~,~",
Sir JOHN THO}'IPSON. Of course whipping of a.--~:r.
woman is out of the ques~i~:m. I thin~, ho,vwel', wl~'
had !)ettel'leaye the provlslO~ fOl'pul1lshment ill th~,\~
sectlOn. Hon. gentlemen wlll remember that we>-~1
are merely providing a maximum of punishment t6'-t~~
he nwul'tled, and e"ery cit'cmnstrHlce willlle takeri+
into consideration by the judge-age, degree of suk<
jeotion and so forth, and the punishment inflicted ",;'
on a young girl may be almost nominal. I thiIlk~1
diser~ion shoultl be left with the COlU·t-. ::,-"
111'. CASEY. That -proddes, however, that':~
there shall he some punisliment. Cnses may OCC\lt/}
in'a family where the more powerful memDers calt(
compel the others to Sttllject themselves to in.";;;
decency, and in such cases it is clear that no IJ1111. ',,':
ishment should be inflicted on the girl. .;i
}'Ir. BLAKE. I regret to say that we solltetim~' :.~
read of.cases of snch assrnllts on'tlaughters of very_,:;,
tender years. 'Yhat opportunity hnye we to-.:~
secure .the conviction of the guilty party, under>:
these clrcmustances, and to procnre the necessary .. :
evidence? The lllain thing we have to grapple _ -;,
with is the crime of greatest enormity which can·.'~
he committee1: that of a fftthel' taking adyant~'\,ge of,:~
his almost absolute power oyer his young child, Rntl-~:.
will not t.he liaLility of the child to a long jm-., \'
prisonmellt be an v,dtlitional ohst.acle to secur·'r'
ing the necessary eYi{lence ?
Sir JOHN THOMPSON. '1'h8 expel'ieliceinthe:
Provinces where a similar pl'oYision is in force lB,
that the charge is made and the fncts are testifierl'
to lJY the child, not ahnl,Ys hy a young chillI, but ,.
by a daughter in nfteryeflrs. There is one ptisoner '"
ill the Dorchester Penitentiary who WM cum kteeI of .
this critne on yery clear eyidence, the daughter'
heing a child at· 'the time. The c1isexlYery dill not
take place till yeal's afterwards, but conviction was
ohtainetlllmil1ly on the e\Tidence of the daughter,
"T
e have not f0\111(1
the law to fail in CMes of that kind. I think there'
is uo proof of the lnw hnving failed fOl' want of
testimony given on the p<wt of children.
Committee rose, amI it heing six O'clock, t-he
Speaker left the Chair.
After Recess.
Honse agail1l'esolved itself into Committee.
On section 8,
Sir .JOHN rrHO~lPSON. The only challge this
makes in the present }o;w is by the insertioll of the
words;
" And everhy male porson who in Canndn simultane-
ously; 01' all t e same dlJ,y, marries more than ono WI)-
maD.' ,
Nr. lIITCHELL. He canllot matry Illore than
Ol1e at the s<uue time yery com"cuiantly.
Sit' .JOHN THO:llPSON. That is the Mormon
pl'actice.
;Ill'. LAURIER. Is that following the Amari-
can statute?
 H174
t, 3173 [APRIL 10, 18UO.]

~--- SIr JOHN THOMPSON. It is not. The Ameri- made careful provision-I do not know how ample,
r::. can statutes on the subject are very numerOllS, and because I do not know what his estate was-for his

~
~ there is one writer, whose essay I have here,
~_·who says that the subject has been dealt with by
~,;·the various States and by the Federal Government
"~O/ by a great series of enactments for the last twenty-
"~five years. The wording adopted ill this Bill was
."". in the Bill introduced, in the efl.rlier part of this
~tSession, by Senator Macdonnld, of British Colum-
~: bitt. .1 ha,:,e looked. through the various, statut~
f:~on thIS pomt, and It seems to me that the BIll
t/-;,drafted by Senator Macdonald was better than any
~?;J'6ther I could get.
~'1.-'"
Id - 'Mr. BLAKE. The question with which we are
tt-now dealing is one of considerable importance to-
~~J.day, and it may be of still more importance in the
future. 1 think it is not unfit that we should
::":have what the attitude of the Government is,
~ with reference to the persons whose existence in
",i'Qitr midst has. given rise to this legislation. We
",have noticed from time tf) time in the public print-s,
·~'·--.ferel1ce, to visits of persons of high COllsideration
",,'d au th 01'1'ty "n tl le D omll. "'0'l, to the settl ement
c<.-
"-~of these persons called Mormons; 01' Latter-Day
\8aints, in the North-\Vest, and occa-sionally
rather numerous family. They are divided into some
twenty·three or twenty·Iour classes, the earlier of
whichCOlisist.seach of a-wifeand the child ol'children
by that wife, and tl;1e latter of a batch of wives
who seem to have been childless. In the course of
this will he uses language which it may be useful
for the hon. gentleman to know. After having
made provision for these numerous persons, he says
in the 84th clause:
"To avoid any question, theword~ marriedorruarringe, '
in thill will, shall be taken to hll-ve become Consummate
between man and worunn, either by cert!mony before It
la,vful magistrate or accoiding to the order of the Ohurch
ofJeslls Christ ofLlltter-DaYSaints,or by their oohabit-a-
tion in conformity to our oustom."
Simple cohabitation, therefore, in' conformity to
the Mormon custom is on8 of the rules by which
Mormon marriage shall he recognised. I find, in
the compilation whi9h contains this will, this
st.atement witI:]. reference to Mormon marriages :
"Sometimes they have witne$ses, sometimes not: if
th'l'
tha athink any is
-woman trouble mayto arise
inclined Le a from marriagethey
little ItlJerver.>e, or
have no witnesses, neither do they give marriage oertifi·
cates, and if ocoasion reguires it, and it is to shield any

t ,'encouraging words have been used towards them

,':';'4th the suggestion, I believe, that they have got
,..
~jo obey out' laws-but still encouraging words
'~which it would seem to me were, ~erhaps, rather
oftheit' l?olygamous brethren from being found out, they
will pOSItively swear thl1t they did not per-form any
marrlnge nt aU, so that the women in this church have
but it very poor outlook for being considered honorable
wives." ,.
c~~out of place., ~hereare in. theProvmce of Ontario, The same difficulties with reference to the regula-
'in varIOUS sectlOlls, cerW.lll small scattered COUl- tion of the Utah lIormoIlS, as distinguished from
~ inunities of Mormons of the earlier period under the thosc to \'{hom I referred, the old Mormons of the
F~~J98eph Smith dipensation, who l'emain monoga- former dispemmtion, have crept np in another
~~-;_~fstsJ who, I believe, separated from the Church of way. In 1889 a judgment of an associate justice
¥_,tfe Latter-Day Saints on the occasion of_the change of the Supreme Court, :Mr. Justice Anderson, was
k-which w..as effected ,at the time of Brigham YOtUlg, delivcred, upon till application made by some of
~-~nd which change mainly consisted in the matter these Mormons to bE:> admitted as citizens, upon
;;--whi0h weare·now engaged in attempting to meet. which appliC<'ttion the evidence of a number of
~ With reference to such persons, we, of course, huye persons was taken as to their views and princi-
ti':llothingt-osay, butitisrightto obsene that the dim- pIes. Evidence was given by no less than eleven
~ citlties which the United States has had to contend persons who had been Mormons, some of whom
~,'withinrespecttothe1rorlllollsofUtahsincetheBrig- had occupied very'high positions in the church or
ff';ham Young dispensation are serious and growing; organisatioll, and a number of clet-ails were given,
ti8.nd that from time t-o time earnest efforts IHwe wMclt I will not weary the Committee by l'cl:tdillg ;
~~been made to O\"OrC0111e what seems to be an almost I will refer simply to the conclusions of the learned
;:~~superable difficulty, owing to the extraordinary judge, which are sllstained qy extracts from the
:lioliclarity of these people and their determination evidence Rnd from writings Of the people. He
i.tope:rsist innnd to conceal alliegni evidence, at allY says:
irate, C!f their pr~ctic~: As fiJ,l' Moue can jud~e, " During t110 ten d::tys this im-estigntion lnsted not a
~'f,there lSllOW a dlSPOSltlOll on the part of a consld- word ofeyideIlOe wns introduced or offered showing thnt.
"",..~ble nuO\b er 0I tllese peopI " t
e-u 110 011
th e 'par t instnnce,
nllY prencher or teacher of the church ever, in a single
advised obedit!nce to the laws ngainstpolygamy.
-.:i:pf their authorities themseh'es--to seek some more On the oontmry, the evidence in this cltSe, and the whOle
.~,'longetlial place, wherein they hope to be a1)lfl to history oftltJ Mormon church ill Utnh, shows tbat it hns
i;:'.~carry on these pm.,ctices, f01.' the s.".k. o.f which thi\ llernistently rcfused obQdienoe'to at least l!. portion of the
laws of the Government, hilS insulted and'driven United

I 'l!_~r~ prepare d to gn"e up theIl' pcslholllll Uta I1. t States offieera from the territory,ha.s denied the author-
",~~ems to me, as far as I can judge, that it is in the ity of the United States topasshtws!)rohibitingpolygl.1m,·,
",-:,¢ourse of an efI'ort to find a resting-pla-ce elsewhere ns un unw<1mlntecl interference with their religiou, una,
1:;.!han ill Utah that the settlement has been madein generl1.11 y\hl1s antagonised and dcnounced the Go,'em-
,c ment in a most evcry possillle way,"
t'C.the.
" hNOl'th:\Yest
. Territories;I and beinort
I matle nnder Thcn the lenl'1letl judge stuns up the eyitlence
~io UC CIrcumstances, and as ar us can see, Wit}l brought hefore him as t-o the teachings of the
iq~ch iutention, I can only highly aP1?ro\'e of the church:

I"· .
_!.._effort which the han. :Ministel' of JustIce is making
'10 . 1 t· t I . t I . ' "First: Thnt it is the actunl and veritable Kingdom
-,~ -- ;prOYH e s rmgell aws agmns t le practwes of God on enrth, notin its fnllne.s:s, because Christ has not
~'Which are cOlldemne(l by these clauses of the Bill. yet CODle to rule in person, but for "the present he rules
~ut I think it well, also, to say that the question throllgh the priesthood of the church. who are His vicc-

i~,lllll1ore re.spec s

f": •
t tl mIl tl'us, a serlOllS
. one, an d geronts ou earth.
" Seeoud: That this kingdom is both u temporal
-i.t~at it cans upon llS for SOHle very strong expres- spiritual kingdom, fiml should rightfully control and is
;;~lOll of sentiment in discouragement of the settle- entitled to the highest alleginnce of men in all their
:it..~eut of :Mormolls with these peculiar yie\ys and affairs.
"Third: That this kingdom will overthrow the United
~')lJott0!ls in our midst. I happen to haye before me Stutes nnd nil other Got"erDlnents, nfte.rwhioh Christ ,vill
. uud

:-,& copy of the will of Brigham Yonng, in which he 'reign illper~oll .

i
.:
,.
.
lOOt
.

31i5 [C01nroNS]
"Fourth: Thnt the doctrine of 'blood atonement' is yodng to render criminal here can doubt that this ,~-:
of God, Imd thllt under it certain SillS which the blood of is a mutter of extreme difficulty, and that longel"":
Christ c;mnot atone for mi\'y be remitted:by shecldillg the
blood of the tramgres~or. "' .
" Fifth: That pOlygllDlY is 1\ commrmu of Goel, which if
a member obeys he will be eXlllted in tliefutU1'6 life
n-bO\'6 those who do not. '
.. Sixth: That the Congress of the United Stnt~s has no
right under the constitution to IHlSS l\lly law in (Lny
mittter interferillg with the praatiaes oftlie "Mormon reli-
gion, and thnt the Apts of Congre~s Ilg'llinst polygamy,
and disfnmohisitlg those who pr!tatice it, nre unWnn"ltllta-
ble interferonces with their religion.
"Oln men be mllde true filld 10ynl eitiz61H by such
tenchin.~s. or (u·e thei· likely to rewnln so s.urrounued by
such innuences·? Wi 1 men become attnched to tbeprin~
cipies of the constitution of the United Stlltes when they
hef\r the Government constantly denounce{l ns tymnniclil
fiod oppreS'live? It would be as unr€lls011l1bIe to expllct
snch It result as it wonld be to expect to gn.ther grllpes
fr(lm thorns or figs from thistles.
.. It has always been ~lUd still is the polioy of this Gov-
ernment to encourage aliens, who in ~ood fl1ith COlUe to
reside in this conn try, to bccome citl7.ens j but when It
mau of foreign birth comes here and joins an or~l1nisl\~
tion, aUhough professedly religions, which reqUires of
hiln an allegiallce p!\rlllllount to hiS allegiance to the
Government, an organisiLtion that impiously and blrtsphe~
monsly clo.ims to be the kingdon of God, to I!ontrol its
members under Hisimmediatedirection, and yet h'!!whes
and prMtices a system of morals shookinff to ohristiau
people everywhere, under whioh the mnrnage of a mltl1
to hvo or more sister.;;, or to a mother ILlld daughter, is fLS
II- sllllotion" nil orgtl,nisntioll thn.t sauctions blood ntoue~
ment as f!. means of grace, (mel murder ns a JlennUy for
revealing the seoret.s of it.s ceremonies, fwd whioh fO!·
ne;wly half It century hilS refused to iICknowledgo the
supremaoy of the United States, or render ob3dience to
its htws, it is time for the Courts to plUlse aEd enquire
whether Buoh an applioant ~hould be admitted to citlzen~
ship,.
, The evidence ill this case est,a,blishes unquestionably
thRt the tcnchiug.;;, pmetiees ulld aims of the lformon
ohuroh arc antagonistio to the Government oftbo United
States, utterly mbversive to good morals nnd the \Yell~
being of society/and that its member.;; are anilUatecl by a
feeling of hostihty tOWitrdS the Government and its laws,
and, therefore, (1,11 alien who is a member of sILid church
is not It fit perwu to be mude 11 citizen of the United
St.atos. f1
An{l the Itfplicatious were refused. I observe that
it is state( that the Mormons who have settled in
Canada are not now practising polygamy, though
some authorities, who appear to have investigated
the matter, say there is a sllspiciollS disproportion
of t.he sexes a.mong them. I haye a letter from a
frieull who happens to be tempol'o,rily a l'esident of
Utah, and who is cognisant of the course of e.... ents
there transpiring, with regard to some of those who
have come to Canada, and he tells me thtlt in some
instances the MOl"lTlOnS who have gone into the
North-\Yest Territories have for a time left their
old wives behind them, but he lean\s that they haYe
each taken a fresh young one, How long that will
ICl-st I do not know, but that is their solace at
present for their residence in Cana{la. Notwith-
standing the anxiety the hon. membarll from the
North-\Vest ha.ve shown during the last few days
·to promote immigration, I faucy they 'will not be
very anxious to prolllote immigration of this chat'-
a-cter, and I do not suppose that any of us feel,
under the circumstances, that lluch immigration is
of a useful or wholesome or profitable character.
I am not suggesting at this moment that we cannot
do more than, by the most careful and comprehen-
sive legislation, proYide machinery for the dis-
continuance or the prevention of these
abominable practices which we know these
people engage hi Ululer pretence of religioll.
No one who peruses the evidence taken in recent
years in the effort to establish the fact of that
cohabitation which the hon. gentleman is endea~
Mr. Br. .AKE.
."'~
':'~-
.:{
3176"[
experience 011 the part of those who commit theae':··
pructice!;, and the g;t-eate~' pl'e(,'ant~ons they 'InU--·
take to escape detection WIll render It It matter Qf :"1
still greater difficulty to preyent the contimmU(!f{-
of those practices. Therefore it seems to Ine' that,'
we ate 1)ou)1(I, not merely to BUppOl't the hon. gen_
tlemnn in uny rea.sonahle effort to stamp u.s a crime'
£1,11(1 to remlel' as efI'ccth-e AS the Ch'CUlllstances of ';
the case will allow the proyisiollS of any law,·
against the crime. but ~hat also it should. he hHli.·
cate(l at the earliest hom that it i'$ not words of
encouragement but words of llisconrugement-which
this Padinment, u.s the representatiYel'l of the
people, have for the ~Iormol1s and their abuses, and
practices, [tllll the YleWS they entertain. of civil.,
goYet'nment and allegiltllce and on this marriage -;.
uestion, with the intention of ca11.;ying out which, t:
'l fear, they are coming amongst us.
Ur. DEWDNEY_ I may say that a year ago, or.
a ·dttle more, two 01' three of the principal leaders .
of the :Mormons, now settletl in the south em pa.r~ ;-;
of Alberta, Yisited Ottmva for the purpose of ask., ,-
ing concessiOlls of diifel'E'.llt kinds from the (-{-ovel'll- .
Ihent, and at that time I had one or two interviews ';<
with then, The applications they made were no~
granted, btlt at the time they stated most distiuct-:
ly that those coming into the Territoriesdid not pro-
pose to practice polygamy. Since they haye been _S
in this country, however, rumors have been .:':
circulated that they have not been abiding by the
promise they gaye the Govermnent, and endeavors
have been made hy the Goverument to find out
whether tlmt is the case or not. But I thought it _
was proper, in view of these reports, that I should, ~
through my deputy! COmm1.111icatewiththeieadersof, J
those people, asking for an explanation. Mr. Card,
the lel.l,del' of the party, was not in the Territories .
!
at the time the letter rea.ched them, bllt another .?
gentleman, whose name 1 forget, answered the
lettel', anclstated most positively that they were not
practising polygamy, but that they were keeping to
t~e solemn promise they hafl made the Govern-
ment, On the l'etu1'll of Mr. Card to the colon), he
wrote a second letter. These letters have only
heel1latelYl'eceived, andlhavenotyetplaced them,~
before my colleagues, but .they are now in the
Privy Council Office. Mr. Card stated still more
strongly than the gentleman who had written"
previously, that these people came here for the
purpose of obeying our laws, and were not practis..~
ing polygamy, and he invited the strictest and>
closest inY6Scigation. I only trust the Bill of the" >
hon. the 1Iillister of Justice will be so strict as toO
prevent these people practishig polygamy, if they -,
have any idea of doing so.
:Mr. BLAKE. What was the nature of the
concessions they asked 1
.:vIr. DE\YDNEY. They wished to be allowed to
settle in communities, 01' the hamlet system-that
is, that they coulll build in villages and cultivate
their lands at a distance. They also wanted some
concessions with regar(l to water rights. But no
concessions were grant-ecl, although we st.ated
there was no reason why we should not bring in
some legislation with regard to water right..9,
which they require for the purpose of irrig~tion
aild erecting mills.
 ~13177
~. .
[APRIL 10, 1890.]
;~=========;=========
2: Mr. BLAKE. It is very well understood that
1;' the reason the "Mormons left the United Stares is yet.
r'-"the difficulty they have with the Alllerican GOY.
~:ermnent arising out of this question of polygamy.
f;-.:,- Sir JOHN A. MACDONALD. No doubt.
t" - Mr. BLAKE. That is a most serions question;
~:ancl when they object to remaining in another
~:(:oUlltry where the laws are practically the same
~l as here, only, perhaps, less strict, it is difficult t{)
i;/. understand why they should come here to obey
Jf pur laws. . society, it has been found thet'e to he thoroughly
f:.. Mr. DEWDNE·Y. I think the bulk of those
~ leaving are fleeing from justice.
I
~,-,·~ Mr. BLAKE. From this sort of justice?
Z'. . Mr. MULOCK. I would cnll the attention of
1;';.'the Minister of Justice to a few worth; it1 sub-
~\,Ilection b, of section 9, which, are as follows:-
~f.', II Any kind of conjugal union with more thltn one
'~ person of the opposite sex at the same time."
J;J do not see the force of the wordg " opposite sex."
~,If they are necessary in that connect~on in section
\":; '. pthey are also necessary in section d, where we have
~:;the same words, "conjugal union," but not fol-
~:J,lowed by the words " opposite sex." I think these
;~ J,n.tter wordl'l are a surphlsaf:\e, and might well he
i ~eft out. I woukl just call attention to the penal
l : _clause. and ask the Government whether they con-
{I!ider the proposed penalty is sufficient to meet the
:;,: ~vn 2 This is llOt a case of dealing with the evil of
(.bigamy. If it were, the penalty in that case is
~ lauch more severe than is provided here. But we
f~ are here trying to prevent what may l)eco111e a
~;, ~erious moral and national ulcer, and, I think\ 'we
t,;-1llight very well increase the penalty, nnd instead
~ of rendering the offender liahle to punishment by
f;:~priso~ment to the extent of two yea~l'l.or by fi~le,
If _extend It further. The present prOYlSlOll, wInch
Bleaves it in the option of the judge to merely
~'-impose a- nominal fine, is an illusory punil'lhment,
~~ ~nd will develop the hope in the hrea-l'lt.s of the
~;: Mormons or others who would seek to evade the
:
~, la.w that they may escape with a fine j and we will
i: -probably find, when too late, that we lun"e not met
i
the case. Under thil'llaw, I presume, if a Ulan is
-----(lnce_ convicted of having married, say a dozen
"":_wivesl I1ml has pnid the penalty, he -will be exempt
~,--from fmther liability as regards the marriage,
~,though he may be reached ~1l1der the subsequent
ti :clause, sub-section b, which deals .with tlle cl'ime of
'. .. ntinlling to cohabit with two 01' 1110re women at
C<)
., --the saUle time.
m t:_ Sir JOHN TH01IPSON. There is 110 ol)jection
i'i to l'ltriking out the 'words the hOll. gentleman thinks
i
~~.~.'. surplusage, and I am willing to increase the
~:'Penalty.
-- 111'. BLAKE. I think imprisonment ought w
iDe made impel'1.ttive.
.; Sir JOHN THOMPSON. \Ve will make it
"read: <. and w a fine."
Mr. BLAKE. I del'lire to ask the 1Iinist-er
~>()f Interior whether he has receh'ed any report
: 1ro111 the LieutelHmt Governor of the North. \Vest
._: -TerritOries, -W11O, I understand, paid a yisit, not
/very long aao, of h'o days and two nights t{) the
."; hamlet in which these people liYe, and who, I am
~ -told, expresses the opinion that they are not quite
}. ;so monogamous 1101\' as is representet! ?
Ii,
~
31i8
Mr. DEWDNEY. We ha-..-e receiyed no report
I haye only seen SOlUe accounts of interviews
published in the newspapers.
Mr. CHARLTON. I doubt yery much whether
the GOYel11ment would he justified, in view of the
experiene-e of the United States in reference to the
Mormons, in offering any enconragement to the
immigration of those people. It hM been founel in
the United States, that they form an elem_ent
which is opposed to all the existing forms of
disloyal to the institutions of the c01mtry, and it
has been necessary w refuse to admit the terriwry
of Utah U-l'l a State of the Union, or to allow these
people w form their own institutions in a.ny way
whateyer. If that element of the populatIon in
the United States was large enough to resist the
constituted authorities, no donbt it would do 80,
and if we were to permit the introduction h\_w
the North-\Vest of a large number of Mormons-
and there are many in Idaho and in Utah who
would l)e-tnxiolls W come here-we would probably
find that we had. a great deal of trouble 011 Ol,fl'
hands. I do not believe that this is a desirable
class of immigration. I must admit that Utah,
'which I have visitecl twice, has been cOlwerted l)y
them from a wilderness int{) a cultivatec11alld j but,
notwithstanding this, I think it is not the class of
population which we desire, Rnd the history oithe
United States proves that it forms an element
which the American people would be glad to be
rid of. The Ameri-can people would, 110 doul)t, be
glad to ll!t\"e these Mormons go either to :i\lexico or
to the Canadian North. \V est_
1h. Mci\AJLLEN. I think it is to be regretted
that any inducement should haye been held out t-o
these people w settle in the North-\Yest, and I am
glad to see this law so framed that it will reach
the pernicious habits practised by these people. I
am afraid, however, that if they get a settlement
in the North-'Vest, they will contilHle secretly t{)
pr~ctice those ahominations which they: are .guilty
of 111 other parts of the world, and I th1llk It 'YM
exceedingly unwise that the slightest inducement
should Imve been held out to, them to come into
that country. I<;. WOllld have been better, if pos-
sible, to pl'eYent any of them from coming in there,
but, if they do come in there, they should be made
to understand tbat the law will be strictly applied,
and that it will crush out the improprieties which
they have been guilty of.
Mr. -DE,VDNEY. I would ask the hOll. gentle-
man to state what inducements were offered to
these people to come into this country.
1\11'. ]Jc),1ULLEN. I understand that ~here
were some comnmnicatiolls hetween the Depart-
ment of the Interior and these people. .
"Mr. DEWDNEY. Of course there wa-s some
correspon~lence. Whenever we receive letters we
answer them.
:-'11'. IVE8. I should like to know how it is pos-
sible to keep these people ont ?
Mr. LAURIER. I understand that this )1ormoll
settlement has l)een visite~l hy high officials, who
haye recei...-ed addresses from them. If they are
allowed to present addresses to these officials with-
out a word of reprobation being uttered in regard
to their practices, that is a tacit encouragement of
those practices.
=~1~'=O=================[=C=OM=M~.~ON==S]====================3~
111'. BLAKE. I have lUldel'stood tllat the
Lieutenant Goyernor of the North·\Yest Terri.
tori~s receh"e~l an address from these people, and,
I th1l1k, speCIally from ;Jr. Cal'd, wliose wife I
lUltlerstand, is one of the numerous daughters' of
Bl'igham YOUllg.
:\II', DEWDNEY. That is not offering induce.
ments to come in there.
Mr, BLAKE. No; but it is inducing them to
stay there;
}fl'. "MITCHELL. I ha"e listened to the re-
marks of my hon. friend from \YeBt Durham (.Mr.
Blake), my hon. friend from N ol'th Wellincrton
C}'h'· },Ic),Iullen}, allll my hon. fdem1 here Ph-,
Charlton), who is always an authority on motal
qllestiOl~s, and, while I co'mmencl the GOyerllmellt
for takmg care to presel'ye the lllorals of this
counky, I l11ust differ with those hOll, gentlemen
who say that we should not allow the )'101'1I10ns to
come into this cOlllltry. \Ve.have a ft-ee Goyern-
ment, ,ye al'e a free people, aIld any~ man can
come here and Can demand permission to occupy
nny unoccupied lands which are set apart
for those people who come itlto this country
to settle here. An hon. member says, we
must draw the line somewhere. I draw the
line at their obeyincr the laws of the connky
and, if th~se peopl~ giYe their pledge to obey
the. laws, If they state that they will gh'e up
theIr polygamons practices and will li\'e ill the
sam~ way .as other people do, I think they deselTye
conSltleratlon when they are comitw here in
consequence of the seyere laws which 1mve bcen
pa';sed by our l1eighhors to the south of tts; It is
adn~itted t~at they are first-rate settlers, thnt they
are llldustl'loUS and frugal; and all we ShOllld do is
to see that they obey the lnws which compel them
~ liYe as othel' people do in a, Christian· C0111nnll1.
lty, to let them know that they will haye to c<trry
out what they have professel1, and to conform to
the laws of the land in which they (\re living. If
they do that, I do not tllink allY person should
take the ground that they shouhl not be allowed
t-o come into this country because they may have
!:>eel} :M?rmOllS formerly, anllmay ha\"e 1101'111on
mchnah:ms now, so 10llg as they do not practise
t~em. I 'Illite approve of the pl'ovisiolls of the
Blll to pre\'ent the difficulties that hEwe existed
among our neighbors, and I would let theBe per-
£lOllS understand that if they wrmt the privilege of
settling in our countey, t.hey will have to obey
such laws as this Legislatm'e may enact, and as
long as they do that, I think we ought not to dis.
courage them fro111 coming in, '
}Ir. BLAI(E The hOll, member has misuneler-
stooel me a little, My positioll was not that we
shol1ld pass a law to preyent them from coming in.
Mr. :MITCHELL .. I \Vus 110t refel'ring to the
hOll. meyther for ,"'!est Durham ill re8J?ect to tha,t
branch of the ::luhject.
1.11'. BLAKE, I 'wish, at any rate, to have it
lll1tlerstood that what I said was that lookhwat
th.e Whole circinnstances, I con1l1' not 'relieye ~ny
lUll1cl froUI the impression that these llcofle '-.,-ere laws of CanadA. for the sake of the rest and equity
coming her~ ill. the hope that they WOlIlt be alJle
to ~'e.estabhsh 111 our country a condition of thill~B
whICh they hall fonnd it difficult to cOlltimle 111
the United States, and that I thought it was itn-
port-al1t that w01'lls of tUscoU1'o,gement ahould~ fall Fi1'Bt :Minister states that these people have no~
.Mr. LAURIER.
from the re.pl'esell tt;. tiV6S ::>f the pe?ple in t~'1
COU!ltl'Y a$amst thetr commg here wIth any sue»::?
~lOtlOU or Idea as that, and that they ShOllld leal'Ii:::~
III a Yery marked manner thatwe wOllklnotpermit_~
tl~e scheme to grow and asstune proportions more~
~hf;ficlllt and more tlan~el'OllS to grapple with thau'_~
It 18 now; nml that 1£ they do come here tIle )$
must. come h61°e not merely tmder a pretence It.,,_!
Ob~lllg the lawJ but that they must do so in i
realIty. :.
Sir JOHN A. :MACDONALD. The hon. gen.:':11
tlell1an is quite correct, that they 011ght not to get.-!8
any encou~<tg~tnel!t ~ ref,>1tl'ds ,the ?o~ltim1RnC6 O£.:~'
that l?6cuhal' lUstltntlOU of thett'rellUlOn which is''
so obJectionable. They certainly ha~e l'~(:eiyec1 no ;~.
acquieBcence 01: encouragement with reganl to that; :;-
tlley have recelyedno encourauelllent even to C01118 {
~o thig country at all. 'rhey c~me, as1 understand ~
It, from Utah because they were, as they alleged, 1
hudly used, not only with reBpeot to un attempt::3j
to euforco 11lOnogamy, but that they were-~l
~lUrshly t:Bed ¥eneraUy, fl.11l1 th6Y .th?ught th't.t_.d
ll1 that wIld" est t.here was a preJlUhce acramst .!1
them which they could not oYercome. They were g
oppreBscd, they -were not allowetl to sit 011 juries :~l'.
antl all that kin(~ of thing, and, therefore, they ,
removed to Cn-nfl-tIn, where thoy could have the ~"
pl'otection of our law. 'l'hey came in of their own )
accord. I am pel'<'!onally aware' of these circtun. ~
stances, because I h,we seen them. :Ml'. Carel and}
some others came to Ott-awa. 80me of them are ',7,
British subjects hy birth, one or two are Canadillns·:~
by birth, ,md others were born in the United_ 1
States. They said they wished to settle in Canalla. ·11
They were inf0l111ed what out' In,w was, and -'.~
they ,yere toM explicitly allel distinctly that '_~
,ye were n Wal'e that the great cause of t,he antipathy·.-~
towards them in the UnitetlStates was the practice -i
of polygamy, ancl they must undel'stl.md that the _~.
people of Canada would 1)e ns firmly opposed to 1
that practice as the people of the Ul1itecl8tateswere. :1
They sail1 they were aware of thfl.t, bItt they wallted 1
shelte.r from what they considered oppression. ;
They were told--told by myself-that in any case:
where the practice WaB provetl they WOlIld be pro· .
secnt-ed and punished with the utmost tigor of the
law. They said they were quite willing to submit. '
to the law. They attempt-etl, of COltl'Se, to argtt8
their case, anel they discussed the doctrines of.
:Mormonislll generally with me, I said to them::,
YOU1l11tst understand that there must be no mis·
take allont· it j there will be no leniency, there will
he no looking oyer this practice, btlt as regardsxour ;
general belief, that is a matter between YO\lrselves
all(l your conscience. We nre glad to have you in "
this country so long aB you obey the lCl.ws, we Itre
glad to haye reB:pectable people .. Her Majesty has
a good many BrItish subjects who are Mohamme·
dans, and if they came here we would be obligell to
receive them; but whether they are 1Iohammedans
or 110rmons, whell they come here they must obey:
the laws of Canada. I told them this, and they,'
professel1 a sincere desire-1 haye no reason to \
doubt their sincerity-to submit themselyes to the
that they thought theywoultl get, instead of being
~urt'Olt11(1e.d by 0. turhulel1t crowd who were oppre..qg·
mg thell11l1 eyery ,,,ay.
:Mr. MULOCK. It seems clear from what the
3181 rAPRIL 10, 1890.]
abandoned the hope of being able to perpetuate
their institutions on Canadian soil.
Sir JOHN A. l\.:IACDONALD. No.: that is not
the case. I said the reverse.
MI'. MULOOK. The "Minister said they began
t{) argue the merits of their institutions.
Sir .JOHN A. :i)fACDONALD. No; I said their
religion generally.
Mr. MULOCK. 'Well, I think this is one of
their cardinal principles. However, if I haye mis-
understood the hall. gentleman, I do not press that
POiJlt. But I rather suspeot, from what fell fro111
the Minister of th~ InwrlOr as well, that they had
that in their minds. They desire to adopt the hfllU-
let system. I can well understand that they prefer
that system to the isolated life, which they find on
the prairies. But, at the SCtIIle time, coupling that
oircumstance with their own peculiar institutions,
we cannot be too astute in trying to frame a In w
that will prevent their carrying out such a plan.
Now. we are going to declare what the law is, but
what steps are we going to take to see that that
law is obeyed? If a few years are allow~d to
elapse anll this class of settlers become ll1uneroas,
they will (,21joy the fulIri~hts of British citizenship
and will be entitled to SIt u.s jmymen on trials of
people of their own plirsnasion, they will be anti·
tIed to sit on trials of Mormons, and in this way
they may be able to defeat the very law we are
enacting. In order, therefore, that this measure
should·be effectual, if would be necessary for the
Government to be alert on every occasion to check
this evil at U.s very inception; otherwise it may
become large antI impossible to cope with, and may
cause us as much difficulty 1\8 it has 0;'1.11Soo our
neighbors in the neighboring States.
On section 10,
Mr. MITCHELL. I should like to ask the
Minist·er the meo.ning of the words •• indecent
as&'l.ult.)) We haye had a good deal of ambiguity
already in regard t<> this BiIl, and we ha,\,e passed
SOUle sections the meaning of ' .... hich I haye asked
members, but have not receiyecl a satisfaetol'Y
explauation. This is a yery serious matter. I
waut to know if kissing a lady is an indecent
.assault, becal~.,e it is very often done. If a young
fellow is liable to two years' im:prisonment and to
be whipped for kis.sing a girl, it is yery 8\3rio11S
indeed. . Minister, as I could not quite understand the
Sir JOHN A. :MACDONALD. . It is easy to
refrain.
:Mr. MITCHELL. I hope the Mini8tel' will
give me this -explanation prh-ately, if he does 110t
wish to giye it publicly:
Sir JOHNTHO)'IPSON. IfthellOu. gentleman
will refer to the sections of the Act which are
alneuded, he will find ,ve are not adopting any new
phl'ftse, and the phrase which is in use is not only
a very old one, but it is 011e yel'ywell defined~it istoo small, and that it should be at least t=:W.
an assault made in llUrsnatlce of an attempt to
commit a grayer offence.
Mr. MITCHELL. Then kissing is not an in·
decent assault-,
On sectioll 11,
Mr. LAURIER. Under this clause, which have l)ee11 ntised as to whether the provision ap-
covers pel'jUl'Y, it isproposecl to admit the evidence plies to corpol'enll'ights, such as rights of pasture,
of a witness who does not understand the nature fisheries, 01' rights of way.
3132
of an oath. I quite a.dmit the propriety of taking
the evidence of a child under the circumstances,
even although she may not be fully aware of the
nature of an oath; but after the e\·idence is given,
the witness is liable to indictment and punishment
for perjury in aU respects as if shehad been sworn.
It may be neces&'l.ry to have the evidence of a
child, but the judge autt jury must weigh the
evidence anel consider how far they can trust it.
Although it is pl'op,er to receive the stateri1ent of a
child, yet, if the chIld is subjected to punishment for
perjury subsequently, that is carrying the matter
very far.
Sir JOHN THO:MPSON. 'Ve mU8t remember
we are not inflicting punishment in this clau8e,
but we are entrusting power to those who are
capable of"exercising a wise discretion in regard to
it. We are leaving the power of punishment
in the hands of those who will have full re·
gard for the tender years, for the want
-of knowledge, for the fear of coercion and
other circumstances of that kind tending t-o
feehlen6Ss of will j but the persons whose
testimony is t{l be .receh-ed are q'uite cnpable of
being made to understand the material penalties
whicll the law imposes. A child may not be
0;'l.pable of understanding in a few moments in-
stl't1ct-ions in the court, all that lllay be meant by
the takingof un oath as being all appeal to the
Supreme Being, and all that .the consequences of a.
false oath may involve in this respect, but flo child
0;'l.n be easily made understand that the penalty for
telling a falsehood will be imprisonment or any
other punishment connected with perjury. 'Ve
have, in drawing this section, adopted the words of
the English statute. .
Mr. :MULOCK. Does the English Act provide
for the evidence of a child of tender ,Years, just as
in the same way you are providing III section 11 ?
Sir JOHN THOMPSON. Yes.
"Mr. MULOCK. And the clause in the English
st.atnte about corroboration of evidence applies to
the 8upport of the testimony of a child 1
Sir .JOHN THOllPSON. Yes.
On sectioll 12,
Mr. MITCHELL. I took exception to this
clause when -it was before explained by the
possibility of such a thing taking place. I haye
since learned that there is at lea.st one case in the
English criminal law in which this .occllrred. I
withdraw the objection I made to it.
Mr. 'YELDON (St. John). There are several
cases.
On 8ection 14,
Mr. McMULLEN. I think a penalty of $5 is
Sir JOHi"fTHO}IPSON. I haye no objection
to make the penalty $20.
On section 16,
Sir JOHN THO}IPSON. This sectioll is desir-
able, be0;'l.use in some of the superior courts doubts
.
3183 rCOMMONS] 3184

llIr. 1IITCHELL. The penalty of :fiye years' }.Ir. TISDALE. "Tith l'egawl to the written
imprisonment seems Yery I11gh. There may be a evidence being taken, I do not think we should
Yery trifling offence co\'ered by this sectiol,l;' adopt that amendment M regards the older PI'O-
Sir JORS THOMPSON. That is tIm present dnces, at any rate, fol' in the older Provinces ' .... a
penalty. It is true. it coyel'S a yery small offence, have seldom difficulty in getting the witnesses. In
hut it likewise COY6l'S serious offences, such as the other ProYinces, a prodsion of that sort might be
destruction of houses 01' other property left Yfi.Cant. mnde to apply. , I cannot agree with the hOll •.
lllember for St. John (Mr. \1/el<16n) that we ShOllld
lIr. 1IITCHELL. It does not giYe the conrt not abolish th~ ~rial. h;y j~u·.y in. these suml1,ary
any discretion; it is absolute. cases. The origmal JurlStlrctlOn III smlllllary CMes
Sir JOHN THOllIPSON. III nnotherchaptel' it is with a justice of the pence, and I do not think it
is pl'oYided that ·when any penalty is Hamed, the is logical tlmtwe should ~h'e a magistrate smnJmuj
penalty il1l1losetl may be less thau the penalty jurisdiction and yet ret use it to the hiIJher court
to which the apl1eal is made. '"
llmned.
On sub-section 2, section 24,
:Mr. BLAKE. I do l~Ot see why there should
not ~e !n th~s case discl:etion ~yell to the judge of Mr. DAVIES (P.E.I.) I am afraid this will
pumshmg elth.el' by fine 01' by nnprisQument, for, if hardly work in the case of unpaid magistrates; it
the offence may he most serious, it may also be lllay work, so far as stipendiary magistrates are
most trifling. cOlicerned, in cities. Take a}l ordinary countr?:
magistrate, and ask him to state a case j he won t
Sir JOHN THOMPSON. I do not kuolywhy a know what you mean. I think the other mode of
fine might not be substituted. I will let the appeal enablesjttstice to be olltained in a simpleal1d
clause stand in order to consider that. easy way. I am afraid this will be more expensive,
On section 2'2, eyen if it works at all, which I very much doubt.
M~" 'VELI?0N: (~t. Jolm). T!lut is ta:"illg away Sir JOHN 'l'HOMPSON. Among thE" rural
the rIght of trml by Jury and plltt1l1IJ the pOIyer into magistrates it may be of very little use, as many of
the hands of u judge. In some of the Provinces them are probably unfit to state a case accurately.
that is following the Course adopted with rer.rtU'd But there a,l'6 many magistrates in the country to
to civil cases, but in New Brunswick that com;e is whom it would be a vel'y useful provision. It has
not followed. been speciallY asked for in the Province of Ont-{\rio,
for the purpose of enal1lillg the higher class of
Sir JOHN THOll-IPSON; I would ask t-o have magistrates to state CEt.'>es.
that stftlld also. I would call attention to the
words at the close, providing that the testimony 111'. DAVIES (P.E.I.) I would su~gest that we
of witnesse.~, whose evidence was reduced to might meet the desires of these people III On~'lrio by
wl'iting in the court below, shall be-read on ap. limiting the clauM to the stipendia.ry magistrates.
p6<'tl, and haye the like force and effect as if the Mr. 'l'ISDAL:E. The han. gentleman is raising
witnesses were there examined. In some of the a difficulty that is not likely to occur. "'henever
Proyinces, where the distances are great, notably you want a CMe stated, there will always be
in British Columbia-, conviction is ohtained before solicitors employed, and there will be no difficulty
a- magistrat-e, sometimes for an offence aGainst the in getting a case stc'l,ted. In my county, oneOl'two
Indian Act, and before the ctppeal Cal~ be heard magistrates largely do all the business, and they
the witnesses are scattercd all over the country. get fairly well qualified. As a rule, the other
magistrates, unless in cases of necessity, will not
¥r.. DAVIES (P.E.I.) I think there is great undertake it.
obJectIOn t-o that. I am glv,d that, in the case of
summary convictions, the hon. gentleman has dis. Mr. DAVIES(P.E.I.) Ithink my hon.friendswho
pensed with trial by jury an(l allowed the appeal come from the Maritime Provinces will agree with
to be decided by the court, bec."luse, lUHler the me that this section will neyerwol'k. Iwonldlike
system of trial by I'ury, in many CBSes of summary to hear their opinions.
convictions, notab y under the Scott Act,IJroceed. ),11'. DICKEY. I think this provision only gives
ings be~"l,lne a farce, M the accus'ed could generally us Rllother reme.dy. 'Ve are not obliged to have
manage to have someone am.ong the jnry who the cases st..'tted. I have seen magistrates whom I
would stam1 our; against a unanimous yertlict. wot11cl not like to ask to state -cases. But we still
\Vith regard to using the'written evidence of the have the recourse to certiorari.
witnesses taken 1Jefore a jnstice of the peace I 1Ir. DAVIES (P.E.I.) Youmayapplytoa magis·
think that -would give rise to gl'eat abuse, as 'we tra-te to stat~ it case, and although he may have the
aU know that the evidE'nce is generally taken by hest intentions in the world, he will be unable to do
these unpaid magistrates, in a most scnntymannel' so. Then you apply to the court of appeal, which
often consisting of a mere memorandUlll. ' in\'olves a large amount of cost, and the magistrate
Mr. 'YELDON (St. Jolm). lam inclined to agree willluwe to pay them. Magistl'l.l.tes will simply
with t~eMinisterofJustice, but I would suggest that refuse to nct at all rather than run this risk. If
a Pl'OY1SOn shoulcl be added, that the written e"i. you impose another large contingent liability upon
dence should only be used when the witnesses can· them, that is, to pay costs if they do not state a
not 11e obtained. I a1l11l0t so clear howe"er that cn.se prol)erly, I Rm inclined to think they will not
we will do I·ight in taking away th~ trial by 'jury. net at al. I see no real ohject :in this clause. Can
The objection to that system stated by the han. the hon. -gentleman state any case where justice
meml)er for Prince EdwaI'll Island does not apply has been frustrated hy the ordinary mode of appeal?
in our Province, for there fiye jurymen out of the Mr. TISDALE. The advantaae of this is that
seyen can find a verdict: you can go to a superior court. Now the County
Sit' J OH'S" 'l'HQ;\IPSON.
 ,3185 rAPRIL 10, 1890.] 3186

Court is the highest court to which we can go j
nndel' this prodaion we go direct to the Supreme
Court. In my· experience in my own ProYiuce,
there is not 01\e case in a hundrecl where the case
-Will not be properly stated by a magistrate. In
a.U the cases the magistrates get fees; and as to
Costs, there is a further clause in the Act where
the magistrate is protected against paying costs if
he does not state the case' properly.
Sir JOHN 1'HOMPSON. I do not like the idea
that it should he continued for one Province, , In
regard to magisterial duties, there are improve-
ments going all in all the Provinces. I know in
ply own Province that magisterial duties are Yery
largely in the hands of pl'ofessionalmen who receive
salaries, and are men of very considerable qualifi-
catiolls.
Mr. DALY. In the North-·West we find in
. pructice, and, no doubt, it is the same in Ontario,
that the greater number of important cases are
t.ried before police magtstrates, who have greatet' . Sir JOHN THOMPSON. I shall be glad to
knowledge than ordinary justices possess; but have it.
there is no trouble in regard to st-ating cases,
because it is well known that if a man has to make
an appeal he will hnve cotUlsel, and his counsel will
prepare the case. If the justice is satisfiei.l with regulf1ting tho method by 'which intermediate
the case as s~'\,ted, he will cit-{l it.
Mr. DAVIF.....'3 (P.E.I.) These provisions will
which is 110t infrequently, as stated to me, that
election takes plaee, and a hurried trial proceeds and
conyictionisobt-ainedunder circumstances on which
conYlction should not take place. The snggestion
made to me was that there shou1cl be fewer facilities
for procuring the election, unless in cases where
the Crown was representetl by S0111e functionary
·",,110 should see that justice is done towards the
prisoner. I am not myself practically acquainted
with this matter, but the gentleman who made the
suggestion has a great amount of experience; and I
would ask the hon. Minister of Justice whether
any suggestions haye been made to him in that
respect?
Sir JOHN THOMPSON. I have not'receiyed
any, but I should l)e glad to consider them ..
"3fr. BLAKE. If the hon. l\Iinister will allow
me, I will transmit to him the communication I
have received.
.
On section 29,
Mr. BLAKE. Has any provision been made for
sentences shall be terminated, or by what atlthor-
ity they shall end?
Sir JOHN THO~IPSON. They are now ter 4

have tMs effect: Under the Scott Act as it now minatell only by the Executive of the Dominion.
exists no· appeal lies from the decision of a stipen- I ha,....e some additional clauses which I shall ask
diary police mngistrate. His judgment, when the the Committee to allow me to add t.o the Bill.
ease is within his jurisdiction, is final. This seems One is an enlargement of the provision with regard
to be a specious lllode of obtaining an appeal in
Scott Act cases tried by a stipendiary maglstrate. to industrial schools.
You can require a case to be st-ated whenever you :Mr. BLAKE. Would it not be more convenient
think there has been an error in point of law. The if the hon. gentleman would put these additional
llolicy of Parliament has been to prevent appeals clall$eS on the paper, with the notice that he
m Scott Act cases when tried by a stipendiary would ask our assent to them at the next sittlllg
magistrate. Now yOlt will have every case unclBr of the Committee?
the Scott Act appealed, and allmanller of objec- Sir JOHN" THOJIPSON. I ha\'e no objection.
tions will be made all(l points of law mised, al,ld
the Scott Act contest, wInch has been fought out Committee rose and reported progress.
during ten years, ·will be l'e-opened.
Sir JOHN TH01IPSON. I presume it will be STEAl>lBOAT I~SPECTION.
decided rightly, though. .
"Mr. COLBY moved second reading of Bill (No.
Mr. DAVIES (P.E.I.) I hope the temper;mce 118)fnrtl1el'to amend the Steamboat Inspection Act.
people will be satisfied. He said: The first clause relat-es to the inspection
Sir JOHN THOMPSON. I propose to have of sufety Yah-es, steanl gauges, &c. The provision
this clause passed, but I shall invite the attention contained in sections 21 and 22 of the Sten,mboat In~
of the Committee again to it, as it may be neces- spectionAct are rather cumhrons. Great improve-
sal'y to add something, if the House adopts the ments are heing made in boilers and machinery, and
view of the hOll. member for Queen's ("Mr. Do.-des). it is fOillld incollYenient t-o have the regulations so
My reason for asking it to. be pass~tl is, tImt I rigidly fixed as they are in the Act, and it is
thllllt, as far as it goes, it is ullobjectionable. thought advisable to give power to the Governor
ill Conncil to make regulations in place of those
On section 27 J sp ecific and righl reguL1.tions. The second clallse
Mr. BLAKE. 'With reference to this, I am 110t adds to the qualifications for the apl)ointmellt of
familar with the pl'<"lctical operation of the hl,w ; enghleel'S, that. the applio.'1.nt shall lu\Ye been
1mt a representation has been made to me by a- a resident in Camttla for three years, which is
gentleman of yery considerable experience in one similar to the lll'oYision in the law regarding
of the largest centres of popli.lation in the Province mastera and mates. The third Clause provides
of Ontudo, that the operation of the process of tha t when the board is not sitting. upon the report
election, \"hen it takes place before a lllagistr~te, of the clmil'num to the. Minister, the l\Iimster
without the presence of some responsible functiOll- may grallt e. permanent certificat-e. At present he
ary representing pllblic justice, is sometimes 0.'1,11 only grant a t-empol'al'y certificate until the
,ery unsatisfactory, and that the prisoner does next meeting of the hoard. The fourth section
not obmin that infol'mation and opportunity for gives the power of suspending a certificate. At
consideration which he onght to have, before present the law gives the power of reyokin u a
{lcciding on the course he shall t-ake, the result of certificate for reason of negligeilce and certain ohller
f1...
~ -
1:-.','-
l'S411 [APRIL 16, 1890.] 3442

the Messrs. Anderson, I prefer that the First the operatives as being less able to protect their
_. Minister should deal with that himself. My re· own virtue than any other class. It is, therefore,
i; cllllection is, that the Messrs. Anderson did not invidious legislation, and seems to me to stigma-
,~earry out the provisions of the contract because of tise one class in the community unfairly. For
~- their failure, for various reasons, to interest these reMons, I think this provision ought not to
'_ Capitalists in the undertaking, and, therefore, they be adopted.
~;snrrelldered it into the hands of the Government. Sir JOHN THOl1PSON. I hope -the House
. ':;-Mr. JONES {Halifax}. The han. gentleman will not take the view the hOll, member for Corn-
'>-has repeated the statement,. that the Messrs. wall (i'.Ir. Bergin) does, although I am aware that
_:." Ariderson failed to carry out the contract bec.:'l.llSe he has considered the subject very carefully and
.' _,they were unable to snpply the necessary capital. that he takes exception to the clause for reasons
:~\The i\Ie...<t3rs. Alldernon emphatically deny this. It 'which iufluence his judgment. This section, as I
'. is proper, in the cbanged position of the question preyiously explained t-o the Committee, is intended
. -to.day. that the House should be put in -possession for the protection of operatives in factories. It is
~,:'of the reason why the contract was ter111mated. one of the measures which were promised in thc
ji,'",:!,'·Mr. F.O~TER. I will call the attention of the Speech from the Throne in relation to labor. and it
l~:F1rst MUllster to the matter to-day. was pressed upon the attention of the Goyernmeuf
I by the delegates of the Knights of Labor organisa-
,'" , tion who were connected with the subject of legis-
CRIMINAL LAW AMEND1IENT.
lation. ,I use the report made by that delegation,
i'i' ',.'Sir JOHN THOMPSON moved third reading of not for the purpose of influencing the I?pinion of
:~:::Btll (No. 65) further to amend the crimillullaw. the House on the ground that they represented an
\!':7:}'Ir. ·BERGIN moved ill amendment: orgallis<'l,tion which is powerful as to numbers and
r'~':'That the Bill be not nolV read the third time, but that influence in the country, but becaus~ they were
.'it be sent back to the Committee with instructions to speaking for their own class, and they must have
; omit aU that portion of the second section aner the word a better knowledge as to the necessity of le~islatioll
..' ~' ward" on the teuth line (md down to the word I< is" on
.l- ;~~e fonrtecuth line of the Bill. of this kind for their own class than tne hon .
member for Cornwall (Mr. Bergin) or myself.
;' ,He said: I will st,ate as briefly as possible why I \Vhen persons having such knowledge ask for
~"object to the words which I propose should be ex-
~-punged. The first portion of the clause, which reo
leaislatioll of this kind, I think it would be very
~]a.tes t-o a ward and her guardiall, is) I think, leg-
ll~'d' for Parliament to turn a deaf eat' to them.
The statement which they made in their report of
.l,-.~lation in the r~ht direction, but I object to the
las~ year is this:
~'~est of tllf\ clause, because I think it opens the door
t;~t-p conspiracies aud blackmail, and is likely to lead " Although your committee is glad to believe that so
t" h .. th b fitt th ·t far in C,lnada the evil does not oxist to anyappreciuble
{;omno more lllJury an ene 0 ecommmll y. exteut, yet bY reports from other conntrie~, and throo~h
'.~ake the case of the manager of a department in their knowledge of the conditions whieh sometimes e::mt
:jlue of our great cotton or woollen mills. If, for in workshons nnd factories '"IV here women and girls are
q~n.y reason, whether well Ot' ill foullllec1, one or employeel, they are convinced that it would be the pitrt
, f of wisdom at the present time to throw around female
!llOl"e 0 the operatives desire to get rit! of that employes special legal protection against sednctlon b)"
; ma.nager, all they have to do is to con$pire and eml1loyers, sUp6riutelldents and foremen, who, by renson
:..take ac1l'antage of this Bill, und the man will be of thetr power over them, may be in a position to unduly
:.,?.hI"Ig~(J to fl ee t h e country, or to await nrr~t .au(l cuercethem. WelulYe,therefore,urgeduPollthePremiel'
and the Minister of Justice the desirllbillty of eoacting
'·~n)pl'IS011111ellt. I uudel'stand that the :Mullster legislation making it a crimilml olIenee, punishllble by
.. pf Justice has provided a certain sort of security SIH"ere pnllltlties, for any employer, ~1!perintol1d!lnt.oyer­
)::for the P(wty ,,,ho is chargetl but that is far from seer, fOl'enllln o~ othen)ers~:IU. e;xe!Olsmg authority, over a
::·be"· , '
L, rug suffiClent.
" I female employe to have Ilhclt tnteraour~e wtth such
It IS true that the patty may felll!lle (lmploye either with or without consent. The
;.'~~t}l1se}f gh·e testimouy 011 hi$ OW~l behalf, ~\-llll views ofyom'co~lllittees~e:lle~ to llleet with the approval
;djlen It would be a- c;'U!a of oue WItness 1l00a1Uat of both gentlemen, wbnexpteS::ietl themselvesas.fllvOl'llble
. . I 1. '. "
I
"', to slIeh 0. measnre, IltOVlded pro}:ler llrccauhona were
:.lJ~ot ler j uut anyone who IS desu'ons of domg taken ngainst the Act being used for ptlrposes of black-
I~~f!u?h an injury to an oyerseer can very easily ob- !llail. ')'6 would, therefore, recolllIIlend t,hllt.it ge 1m
\~ll;l. another t-o join in the plot because it is, ll)stru!3hol1 to_ our suece~sors to Pl'OScl for legl~httIon Ul the
i~pl'ohable that. lUore than one may tl~ire to ramoye' chreoholl IndICated."
?~the o\"e1'see1', amI in that case the man is (!Olll- I t-ake it that, in answer to a request of that kind,
~:pletely at thoir mercy. I know that such thingil it is not at all sufficient to say that the legislation
},~!Weocc1ll'l'ed. 'Ye know that such cases haye demallded may be made nn eyiluse of. The same
i'-=t:lccul'red in my OW11 to\vn and we must if pos- nl'gtllneut.s~only in a gr&'\.ter degl'ue~could be
1,ij.ible, llrotect these people ~<1ninst conslli;'!wies of, availed of against any section of OUl' criminal code,
'~'Jhat kind. A<1uin, I object to this clause bec~mse and against nny po,l't of the crimil1ull[l;\\- imposing
~,~~ ts class legislation, I am llot aWHre of any ptlllishments of any ldu(l. I say' ill a greater
~~1S011 that ha-lll)eell mh'anced to justify the appli. degree, because here we haye t.aken Ullusual pre·
;:'~ation of this clause solely to persons employed in cautions to provide against the ahuse of this
,~" factory. It may be snitl, and I Imve no douht it section.
~I~bet 'laid, t.hakt tJhfe labOlt' Ol:gallisfatilO~lSki,n jtlftis )lr. )'UTCHELL. How?
L~:';!':'"' ,ry UlNe as .~( 01' pro ;ect;on 0 t lIS "1l1\ ~l' I~. T , _ , .

~}h.e female operatwes. The nllst-ake they make IS' Sll' JOH:N THO~IPSON. ,'e haye pmnded m
ft that they lu\.Yc not l'ememhel'ell that their;:; is not! this case that-a$ is provided in only two 01' three
i,the only clas$ in the .cOlll!m~11it.r, that ~here are (other c;'Wes in the. '\:hole ~I'hnina-l. cOl~e-the
r~.()ther classes, nn(1 I thmk It IS a great nustake 011: accused person can gln'. endenee 111 Ins own
t~he J;lart of the labor organisations to ask fo1' thi$' behalf. 'Ye ha'"e also proyhlcd tlw,t there sllnn
~";eclUl legislat.ioll, hectl.use, in a sense, it bl'ands; b~ cOl'l'ohomtiye eyillence of the test~mollY of the
3443 [COMMONS]
accnser, and that there shall be eyidellCe also
of the previous chaste charaet-er. of the a.ccuser.
Under these circumstances, not one of the han.
gentlemen who cont-ested the progress of this
Bill in Committee was able to suggest any other
safe&,ual'cl that should be adopted, but they met
it WIth the statement that it was liable t-o abuse,
amI for that reason the people should be refnsed the
protection to which they are entitled, autI which
was requested on behalf of a large section of them,
Now, with regard to the other clauses of this Bill,
I submit it cloes not lie in the mouth of an hon.
gentleman making an argument against the pro·
tection that is given here to My that there arc
other classes who ought·to have' the protection
extended to them. That, as an argnment, would
be available to my hOll, friend if he proposecl
this Bill should 118 referred back to Committee
for the purpose of enlarging its provisiOllS and
extending them to other classes. On this poiut
I have simply to say now, as I said in COlll-
mittee, when, r think, 'the han. gentleman was
not here to hear me, that we have a particular
request from those who have a right to be
heard for legislation of this kind; we have
evidence of an evil existing to some extent in this
cOl.~ntry, and likely to grow, when we regard the
experience of other cOllntries, and we propose
here practical legislation to meet a practical evil.
'Vhen necessity requires this provision to be en·
larged, I think I may ho-pe for the support of the
hon. gentleman to make It extend to any class that
asks for protection, or that shows a case for such
protection to be given.. I think, when we consider
the discretion which will exist on the part of the
court, /1,11(1 when we remember the precautions
·which are taken ill respect to the evidence of the
defendant, it is yery difficult to hnngine n cn.!!e
where there might be' a successful conspiracy for
the purpose of securing the conviction of a foreman
or a superintendent who is distasteful to th~
employe,
Mr. ::YIlTCHELL. It will be in the recollection
of the House that when this Bill was introduced
and the han. gentleman gave an explanation of the
motives and object of the Bill, I took exception to
this pal"ticular section on the grDll.1ld that it wo'uld
prove a fertile sonrce of blackmail.lng. Now.
that objection still stands. It is a well. known
fact that blackmailing very frequently prevails,
and that womell are jnst as liable, intleerl far more
liable, to be the authors of blackmail against men,
than that they should be the victims of the evils
to which the hon, gentleman has referred, and
which he sta,tes are the foundation of this section
of the Bill. Now, the hon. gentleman buses this
measure upon the fact that it had been indicated
in the Speech from the Throne.' \Vell, that mny
be, but there are flo great lUlUly features in that
Bill, and it does not follow that because it was in·
<Heated in the Speech from the Throne, therefore
eyery feature of that Bill, et'ery section of it,
should be adopted (.·o·batim et literatim in this
Honse. The hon. gentleman says that the
1'8<\,3011 wh~' the Government promised this
legislation III the Queen's Speech was the fact
that the Knights of Labor~I presnme it is from
their report that the hon. gentleman read~
asked that legislation of this chamcter should
be passed. He says they are much better
Sir J OH:of THOl[PSo~.
3~1
informed as t-o the wants and interests of their class
than the han. gentleman who moyed this flmend.-"0
1
ment, 01' myself. could possibly be. Now, whatia4
that recommendation which was made by thirH
Labor Commission? Their report merely states-y
that this eyil had existed in other great and popu~'»
lous countries, in large communities on the other:,H
side of the water and on the other side of the line'-:~
where lal'gercrowdsof femalesal'ecl'owded togetber;'fi
and perhaps with less facilities for keeping th~:;1
sexes separate than we have in the factories of thiS 'I'
country; but the very report which the han. gentle.:.i,';
man has read declares that no positive evil of that '\
kil1l1 exil,ts in this country. Therefore, he a$ks:~'
this H.onse. to adopt le~islatio.n in anticipa~ion. o(j
any eY11 wInch may possibly at'LSe, but of WhlCh W6,~
have no evidence that it exist.s at present. I en-'1
tirely agree with the amendment moved by my~ ~
hOll, friend, and it willreceiYe my support. I hold 'I
this legislation is unnecessary, that it is l.lllcalle~·;,
for. If the hon. gentleman founds an argument t.Q,-~
this House in favor of this legislation upon th~~;
report of the Lahor Commission, then I &I,y thia,~
Bill does not go far enough. \Yhat the hon. gentled
man should do, in order to be consistent, is to~;i
strike out t.he restrictions that he has introduced-/
in this Bill where he uses the word" factory, mill-:
or workshop," where he says protection is neces~:
wry for females associated in labor where.:
they are gronpe(l together in buildings, an(\. he_!
should apply this yery clause to an classes of female_)
labor, bec.'1,llSe we know that if they reqaire pro· '
tection in factories, mills or wm'kshops, they
requireit,cgllftIly in the wholesale and retail shops, '
where they are grouped together by the dozen,"
throughout the chief mercantile centres of this
land, They require it equally in the numerous:
offices where l'1,cly type·writ-ers are brought intOo __,.'
close proximity with the fJeople who employ_.
them and whocontrolthem ; they fj:quirei~ equallY'J
in offices of the telegraph compnmes, where you:
will find thirty ot' forty of them groupe(l together-
under one or two gentlemen j they requiie it.
equally in telephone offices where the same con-
dition of things exist, and in the offices of the,
Civil Service, where females are employed and whO'
are under the control of the heads of Departments.
I may tell my hon, friend that the Civil Service
has not always been considered the purest place
for lrulies to be engaged. The han. Minister
stated the other day that he had ne\'er heard such
a thing even hinted at. Let me ask his assooiates
in the Counhn, let me ask those hon. gentlemen:
who sit in Council with him every day, whe~her,
they have heard anything of that kmd.
Let me ask any member. of this House-
whether he has ever heard, and I will
venture to say t\w.t nine out of ten of the members_
of this House have he-"-tr,l reyorts .of that kind.
Theu, Sir, is it not requit-et in public schools t
There is also. the large class of servants employed '
in the munerous hotels .throughout the country,
amI indeed in eYery branch .or occnpation wh~re
females are employed, and where they re(ll~l1'e
protection erllUtlly as much as they do in factorIes,
Now, Sir, I object to the legislation of my hon,
friend on these grounds. First, I sa.y th!'t t~e
clause is not necessary at all, anel that It WIll
afford a strong inducement to hlacknmiling. ~
the second place, if it is required at all, it is unfa1l'
that an important class 1'1.11(1 the most numeroUs
,t~445
rAPRIL 16, 1890.] 3446'

,,:~~' ==========c==========
'.' cinss of females in this country should be pre-
1
money claim for indecent assault-. His Lordshipl
eluded from the benefits of the protection which addressing the jury,
':,:tbJ'l bon. gentleman says is so necessary. I do not "Spoke strongly of the action of Darties who bring
{:attach the same meaning to t.hat report of the casea of this kind into oourtfo1"1ho purposesofblnckmail.
!,,':Labor Commission that the han. gentleman does. This waB the second action of the kind tried at these
,_~ -'I',do not understand tl1at the Labor CommissiOlt assizes, and a very bold attempt to extort money. 'That
mal' be tried in some orthase cases once too ofton,' he
';:iiave asked for the legislation which the han. ~ah.' and when the proper C(ll'e comes up I shall not
:"'gentleman has intrqduced in this Bill j they hesitate t.o instruct the County Crown Attorney to prose-
;"'l.-tainly have not asked for partial -protection to cute for perjury. These attempts at blackmail Ilre be~
," ~ 1 1 f 1 h h kIf coming too common, and the imposition of It long ternt
, ··~6ne particn ar c ass 0 peop e; t ey ave as e( or of imprigonment. is the only way of dealing with that
',·:,.In;otection to all, or they have asked it for none. class of people. '"
f·~'..!rherefore I shall support the amelldment of my I propose to support the motion of the hall. mem-
i.',:,iion friend. ber for Cornwall f;)Ir. Bergin), anc1lal'gely fOl' this
Ji.,.' "Mr, CHARLTON. It will bein the recollection reasoll: I believe if the emploYl!s of factories, the
f'i 'pf the Rouse, no douht, that seyeral years ago I women employed there, were asked the qnestionJ
~'{~had the honor to introduce a Bill dealing with they wOl.lld say they did not want legislation of
~l;.:bffences of the character dealt with ill this Bill; this sort. I aln not going to he instructed l)y the
;:Z"""~i1d the great ohjection :raised to that Bill in the Knights of Labor or any other ClMS, except those
:·~r'discussioll of the subject during several Sessions who suffer, '*'hen I am asked to vote for a measure
::'~,;was the objection raised to·day, that it would. lead to pass into law. There may have occurred occa-
i htb cases of blackmail, that the Bill would lead to sionally cases of seduction, but I lu\ye no evidence
:{~fmany offences of that kind. After .struggling thnt legislation of tIlm character is req.'uired, and I
,{!three or four years the Bill became the law of the will, therefore, vote for the amendment..
;,1.'l)oDlinion, and it has been the law fl)l' several House divit1ed on amendment of Mr. Bergin:
:,~!":years, and many cases have been tried tUtder it.
{,]t contains the same provisions with respect tD YEAS:
:f;.~Vidence as are fOUl;d in thi~ Bill.. It ~b:es to the Messieurs
l;;F,rty ~cused the rlgh~ to g1\:e h1S eVIdence, ~nd
~lt req,Ulres corrobora~lYe .ev1(le11ce, ancl I tlU!lk BRrnRrd Mara..
Bell. lIIn\'8Ilall.
>~,e.xpel'1ence.of the pubhc With respect to that Bl11, Bergin, Mn~on,
k~111 be a very good cl'iterion as to the results which Bryson, Mitchell;'
x.:.:wm follow the present Bill. I have never heard Cargill, Moncrien.
:~~:~t any case of blackmailing 'under that Act; I Carpenter, O'Brien,
Oimon. Pope,
,f:~never heard of any attempt of blackmailing under Coulombe, Pnor,
'!i,th.t Aot, Dayis, Roome,
Denison t )lykert,
:~1~~;' MITCHELL. Have you heard of the other DosRulnlon!, Shanly,
Earle. . Small,
Girotlnrd. Temple,
,>;C'i"Mr. CHAR],TON. Yes; manyca.ses have been Hale, Tisdale,
~~:~ried updel' the Act. Hickel', Turcot,
Hlld$peth, WhUe (Renfrew),
I)'!.' ,Mr. MITCHELL, \Vill the han. gentleman Joncas, Wilson {Argenteuill\
;;.)J!.ame inst.ances 1 McKeen, WilSOll (Lennox).-S6,

r,.',~.:Mr. CHARLTON. I cannot give them just now. NAYS:

~,'~)~'rom time to time reports appear in the news-
;~~,~l.¥pers of trials under that Act; and in the Messieurs
~~,practical operation qf the Act we have pretty fair Archibald (Sir Adams), Jones (Di~by),
lC,ff~I~~dence that it is impossible to blackmail un<1 e1' ~ilw!~~ong, Jr:n~ (Ha itax),
'Jl5jl~ provisions, aud it will be equally .so un<j er tie 1 Bain (~oulanges), fcl~ki>l1trick,
m~,pJ;O:visiol1S of. the present Bill .snbmittec1 by the linin ('Wentworth), Labrosse..
?:"tJf,OI;\. Min!ster of Justice, , I do not believe ~ny Beohard, 'tanderkm, '
l&~:,',anger eX18ts on that score, and I haye no heslta- ~f;{,;~on, L!~:~1icr (Quebeo),
f,!;~:pb~ in supporting the B~ll so far as objections with Boisvert, L..'!n~edn (Sir Rector)1
yfC;t'88pect to blackmailing may be made agaillSt it. Borden, t~~itt1eut,-Gen.).
~~J;.can agree '~'ith the han, member. f?r NorthnmlJe.l'- ~~~re11~tL' Lnurier, .
~¥,~d (~lr. ~I1tchen) that the prOYISlOIl~ of the Btll Bowman, Hster,
nt)Plght pOSSIbly be extended, but the BIll, so far as Boyle, Livingston,
~;:,',~~ goes, is a, good 1l1~1.Sl1re, anrl I have no fe."w ~rien, }f:~ktODllld (Sir John),
t§tJVh(J,tever that the eyil results anticipated by the ~~~81:on MllOkenzie,
}':i.<lion. member for ('omwall ()lr. Bergill), ~l.lld the '! CUIU,Pbeti. 1\1cCllrthy,
"g:;:~,h.',Ol1' 111ember for NOl'thnmbel'land (Mr. ~Ittchell), 8 18'
nrh11 Ad 1 h ), ~I~%~~~~id (Viotori(l.),
~~':,!,~~h r~pect to abuses under it by levying bla.ck- C~~f~ri;{t (Sh- 'Ri~hardl, MoDougaIC1 (Piotou),
}.;_';C~ad) w1l1 eyer be realised, Cflse~', i\IcDongallCCape Breton)f
tt:--< ·. . 1 T]-.':!DALE. I WIll
c:f'<:~ ,'.(1 1'.
'1 1 1 j', Cn~gmin,
refU W lat a earnet \ Chapleu,u,
:Molnt\'re,
MolUflnn (Huron),
\E~7~udge of the Superior Court of Ontario Bah1 only Chnrlton, Madill,
~~,~:yesterday in connection 'with offences of this sort. 8ho~llette, Mfl1~i!(Annnpoljs),
tf,~I am told thnt a cOllsidel'Uhle ll1unhel' of hon. mem- Cgcik~~~l~' Mills (Bothwell),
f!f:i:bers of this J!ouse do not helieye attempts to \ Colby, ' :i'llontugne,
~,-.:.'fblacklUan are made in this country. so the remarks 'I goo~" M~S~E~I:isll<,
.iF?:()~ this judge to the jury will be applicable. ,The ~~ti~'an. Paterson {Brant),
}~l::"C{!.se before the court WM one of blackllllnl, n. Coughlin. Patterson (E~sex),
Iji';
3H7 344Ji [COlmONS]
============c========== 'c.\
Curn'n,
B~~iesi:
ne~.~.,~~:Pmy,
~~~\~r,
thut I do not con,idel' such legislation to be
sary to pl'otect female employes, who nre pl'etty)
DUWSOll putnam, "\vell able to protect themselYe$; bnt the HOUB~~
Desjnrdms, l Riut'ret, imyillg decided to giye that protection, if it doeac-tJ
Dewdlley, Robertson, not giYe protection to these other clrt...'<Ses I hav6-'~
m~~~K~on. ~6~~~J~' enumerated it will not be actina consistently, and:~
Edgar, 8to; 1Iarie, the legislation of the country wnYha"e n. petJltliaritY'~·),
Eisenhauer, Scr1vor, about it that will not recollllllend it.self t-o the")
~!~t ~tfrF~:; logicft,l character o~ the legislatioll which itpassei~~.;
Fisher. Smith (Qntnrio), Therefore, I moya this ftmenclment, .s.econded by--=-:
Flynn, SorncrdUe, my hon. friend, Mr, Chadtoll, -,<
Sir JOHN THO:\IPSON. I tun very glad t-O ~
Foster, Sttthcrhmd,
Freeman, T!\J'lor,
Gauthier, Therien, see that the hOll, gentleman has chauged hie>-
3rl~~~~~' ~~~g:psori (Sir John), opinions, but I object to the steed with which he ~:-
Godbout, TyrwhUt, goes when he changes his mill( . '
3~~~~ois, iV~1~1~~' ~rr, :MIl'CHELL. Speak IO\lder ; I cannot hear· -'
Gtlll}, Wallace, you.
~~n,et, i~~{;~~' Sit' JOHN THOMPSON. I fIln very sorry for
Hesson, White (Cardwell), that, hut I will say it again. I am_ yery glad in-
Holton, Wilmot} deed that the hon. gentleman has changed his
Innes, Wilson \Elgin}, mind as to the necessity for a proYision of this
Jamic-son, Yeo.-]2-!, kind in the Bill.
Amendment negatiYed, Mr. MITCHELL. I diel not change my mind;
Mr. MITCHELL. Now that the policy of the I change!l my action.
Government in prot-erting women has been affirmed Sir JOHN THOMPSON. I am unable, then, t-o
by this Honse, it is due to the consistency of . th 1 I I t \0 tl I
Parliament that the Bill should he altered so as enJoy e p ensure 0 UIl( ers aU( mg le lon. gen-
tleman u.s being consistent in this matter. ,
to protect an women, whether employed in
factories or not. I hold t.hat hall. membel'S ,\'ho lfl'. MI'fCHELL. You are yery siluple. ,
yoted against the amendment of the hon. member Sir JOHN TH01IPSON. I fRlwy so, and the
for COl'llwoU (Mr. Bergin), which Ihad the honor to hon. gentloman is very candill when he tells the
second, have br their votes declared that they House that he has changed his action without
endorse the prmciple of protecting females who changing his mind. Now, Mr. Speaker, ·the fact
follow pursuits of manual labor, no matter in what in regard to the amendment which the hon. gentle-
capMity. I have, therefore, prepared the following man proposes is simpli': this. We have, with l·e-
amendmel1t, which I now mOYe : gar{l to the Bill as It llOW stands, a umgibJe reo
"That the Bill be not now rend the third time, but quest from a respousihle hody, upon evidence
t.hnt it be referred haok to Committee\ with instructions which Wlt-S before them and which WI\5 before the
to omit the
sectiont "in Itwords in mill
ftlc:tol"¥, the thirteenth
or wOl'k$ho P inc fOUl"~ GOYel'1l1ncnt, 0 f t 116 necessity f
' Itlldofillthetheseconcl or l o as far
egislatlon
teenth 'me,' in such factolY, mill or war kshop,' and in the as t.he Bill goes. \Ve have no Callse, and we have
fifteenth line, I in suoh f3CtOl'Y,' and in the sixteenth no request, and we have no reason to believe, that
lino, 'mill or wOl'kshnp;' nwo, in the twelfth line to more stringent legislation in that line is necessary at
~'his ~~e"H~:l~e~~!ptl~~:~ltaii~~l~na~.:~~<~{~rrf~:ll~~ls~~~~~
.change the wOl'd 'thirty' to I twenty-one.'''
wiUinclnrle all classes of female labor, whether
they are type-writers, to whom we have referred; 1 so stringent M that is, we will come to the H 011se
s h op girls, who are employed by hundreds t lrough antI ask that the Act be amended. Until.then, I
the Dominion; telegraph girls, who are also em- think that the House wOlllel not be justified in
ployed by hundreds; telephone girls, who are making the provisions of the Bill so wide as to
lllUnel'OllSly elllployed; feninle clerks ill the Civil ensure what the mover of this amendment desires,
scholars ill the llumerous schools from one end of namely, its ultimate defeat. As t'egt~rds t Ie pro-
Serdce, clerks in general employment, 01' felllale I
-ds10n as to age mentiolleo. in this amendment, it
the country to the other. If r:'otection is neede{l was conshlered in committee, it was divirled upon
for girls in 'workshops it is a 0 nee(led for girls in committee, it was carried by a majority of two
,employed in stores, telephone and telegraph offices to 0 Ott I °t ° \
and in the Civil Service, ltlld I wish thIS House to one III comlnl ee, allf 1 was carner on repre-
sentations, made t-o this House that cases hacl
be consistent, as I desire to be consist-ent myself. occnrred calling for the intervention of the law,
I do not approve of such legislation ftS is proposed in respeot to which the limit of age 'which ap-
by this Bill; but the House having allopted the peared at first in the Bill, was altogethel' too short.,
principle, I how to its judgment, amI nOW that we ' Under these eit'clllllstances, I think tho Committee
haye decided that protection of female employes'll 1 1 1 t-
is absolutely necessary, let us make it general, €Lnd -.,.i.'1 not a( opt t 16 amen{ men.
give type-writers, telegmph and. telephone opera- l\Ir. BLAKE. I must say. :l\fr. Speaker, that I
tors, shop girls, )-vomen in the Civil Sel'Yiee, females {Io not think the hon. the Minister of Justice was
attending our schools, tlmt pl'otectlon, The pro. in a yery fortunate position to thl'oW upon my han.
posal should l'ecomme-llli itself to the good sense of friend from X orthumberlalld ()'11'. )OUtchell) the
this Honse. It will be cunying (Jut that moml charge of a ehaIlCie of opinion. It is (illite true
legislation of which the hon. member for North that the hon. gentleman is r6lieYe(1 to son~e extent
Norfolk (Mr. Charlton), two or three YOal'Sftgo, set from that difficulty hy the frank st.atement of the
so bdght an example, when you, JIl'. 1':\peaker, used hon. member for Xorthmnllerlau{l, which I have
my llame as the seconder of his motion. I repeat unllel'stood from the beginning to be hisa~titlHle-
:J11'. TL':lD_~LE.
 [APRIL 16, 1890.]
:, tha.t he had not, in fact, changed his opinion. Upon of time, of the su~mestiolls of others, and of the reo
",;,the propriety of his pressing the HOllse to make consideration of IllS colleagues-his second thonghts
:;'.whnt he thinks a bad law a worse law, of course
l:tp.inions nlay differ. My OWll .view is, that if I
":'ent-ertained the opinions of the han. member for
;'~Northumberland I should not propose the
~';'ti.tnendment. I do not think there is any
:'\obligation upon us, because we think that
·.:~le'gislation is bad, to make it worse. But with
,- reference to ~he su~gestion which the han. Minister
. ;01 Justice made, tnat be was surprised to find a
>{;~ange of opinion, and the speed with which that
~~9'pinion was changed, I repeat tllat I do not think
':.;}16 was in a very fortunate position to institute
~,;iiueh a critici5m UpOllllly han. friend from Northum.
li~ber1and. I am of the opinion, also, that the hon.
l~}rini.ster was in a very unfortunate position when
~:he.proceeded with another part of his argument-
'-i>in, fact, the only other part of the al'gmuent
(Xlihlch was put forward by him-that we·were the
~cipients of no request, no suggestion, no war·
f~-;aht of any kind, fOl' passjng snch legislation as
r~tliis. Why, Sir, the Bill which ,'e have before llS
'~fc6n.tains a clause just the same as that which the
~i::~on. member for Northumberland proposes, with
9.it.he exception that it is. more enlarged than that
',~ju~est-ed bY,the hOll. member for, ~orthumber.
;;~~d. The BIll, as the han. the Mlnlster of Jus·
f{lice, the organ of the Governntent all this occasion,
~'{m.troduced it int{) the Rouse, as he requested the
J~ction·of. this House for it, . as he called upon
;~:~It.to pas~ ~t, as he prop,osed It to us, as a ~ood
'~~~lld requlSlte law, contallls, I say, language dIffer.
ii ing from that of the lallguaae of the amendment
~~f ;the hOl1, member for Northumberland, in this
~jJ}n1y, that it is larger. It is the sameJ in fact,'with
I:r,ihe exception that it does not contain a limitation
$;o~ a~e. The second clause of this Bill, as the hon.
,~I~ter of Justice, upon first thoughts, brought it
~;«OlVn t{) us, reads thus:
.1~:;j~I'E:very one who,heing ngunrdia~,seduces or hnsmfcit
~~~onneotion with hig ward, or who seduces 01' has illioit
;f_"_jlon~eotion with an,r woman or girl of previously chaste
~_llharaoter, who is in his employment, 01' who, belOg in a
~~ommon employment with him, is, in respeot of her em~
.t~ployment or work, under, or in anr way subject to, his
U]control or direction, is guilty ofa IDlsdemeanor and liaLle
r-r~~ two yenrs' imprisonment. . mnberlalld. I said that I was glad that he had
~f~& ~hat it contains the exact rroposal of the hon.
{i[:m.ember for Northumberlauc, except that it in·
lP~jllu4es no limitation of age, which the hon. member
'ft-for Northumberland introduces. , Therefore, I say
~t~&t we, independent members of this House, who
;w~ called upon to deal with legislation, can hardly
t1~pcede t-o the view of the Minister of Justice, that
~1)re'had ,no request to legislate in this direction,
tf;~o~ had a very authentic request j we had are·
~.~Jl~est t-o wllich the ll1ajori~y of this House, during
'i!f;~y: long experience of that majority, hits lent
~irn~licit obedience, and to which it has given it.s
$Jjl.a esion always, "'e had the request of the
~,Q~verlUnent of the day, who proposecl the clause.
~~4t t.he hon. Minister may say: H I have a right
.@\i.9 change my opinion;" and ]le may also say:
~?'$e~nd thoughts are best." 'Yell, Sir, he gave
~~ his second thoughts, because he gaye us the Bill
~_tJ3Pl,'int€d, as proposed to be amended ill committee.
~Jl:ia.yehis second thoughts here, and while he varied
i~9tbe!-, provisions of ~he Bill,OIl second thoughts ~his
",,,,Jeco:nd clause rel1lalIled the same j so that the lIn·
~~'proyed and more matured and further consideration
~.~ef the :Minister of Justice, nfter hadng the benefit
~B
3450
were the same us Ilis first thOllght-s, and still dif·
fered from the member for Northumberland's
amendment only ill the oue particular to which I
referred, namely, that his l&:w was larger in that it
made no limitation of a~, Q.s the hon. member for
Northumberlalul does. It was not fmtil_the third
tiIlle that the hOll. Minister had reflect-ed that he
came down to alter the clause, which he now says he
brings forward only because the lal)or organisations
nsked for it. Under these circumstances, I repeat
the ol)sen,<l,.tion that the hon Miuister of Justice
was hardly warl'ltntecl in discussing with the han,
member from Northumberland his ehall~es of
opinion, and that he was hardly warranted III ad~
dressing to us the proposition that we had 110
request for legislation like this. 'Vhat moved the
hOll, gentleman: when he introduced the Bill, and
what moved him when he reprinted the Bill, to
bring in and to continue this clause in the enlarged
sense, I cannot, in "iew of llis present attitude, say.
But, I presume, that it was after consult.n.tion with
bis colIeagues, and because he and they agreed that
the legislation was wholesome. IheIieve, Sir, -that
it is wholesome legislation; I believe, that with
reference to those who are in a position of subjec.
tion or dependency, it is \-erY wholesome legislation,
a11d this legislation is confined to those in such a
position; and, therefore, because I agreed with the
hOll.Minister when he brought in the Bill, because I
agreed with him when he introduced it in its second
form, and because I agree, not with the opinions,
but with the action of the hall. member for North~
umberland, I propose to support the amendment.
Sir JOHN THOMPSON. I may, pedlaps, be
allowed to make au observation or two 011 the
singular speech which has just heen addressed to
this House, and in which the hon. member for
,"Vest Durham, with very little WU1'l'ant indeed,
has accused me of inconsistency in reflecting on
the hOIl, member fol' Northumberland for haying
changed his opinion all the COllrse to be adopted
with reference to this BilL To start with, I made
no sllch reflection on the han. member for N orth-
changed his 0J?inioll; he had as good a right to ~lo
it as I had, If I had changed Illy opinion; but
wlmt I commellt-ed on wa-s the statement that the
hall. member for Northumberland had dOlle what
the hOIl. member for 'Vest Durham is now doin~,
cha.nged his action without having c1ul,nged hIS
opinion. Now, it is true, the Bill, as I intra·
duced it, provided for the prohibition of this of~
fence committed by any employer with his employe.
It was introduced for the purpose of meeting the
"ery grievance which is now before the House, but
it was defective'in this particular, tha.t it was not
restricted to factories, which was the particular'
case we had ill hand; and on reflection, and on
conferring with members on both sides of the
HOllse, I found that they were willing that legisla·
tion should be adoptecl for t.he particular Co;'lSe for
which it was asked, and that that would B<'ttisfyall
demands for such legislation. The hon. gentleman
has taunted me with having second thought.s on
this question, and he has referred to the reprint of
the Bill ill which the clause appeared as it was in
the first print. I had llothingt-o do with the second
print; I neyer distributed it or had it distributed;
3451 [COM11ONS] 845'
r:=
"'"
~-
I asked that it should be cancelled as soon as I second part to an employer who seduces a womafi,
found that it was about to be distributed, and I in his employ, and the third part to a man wl:io<
illlluedit\tely substituted the Bill which was befor6 being in the common employment, seduces 'K-
the Honse ye3terday. . woman who is in any way sllbjected to hi!
Mr. :MITCHELL. YOlU' name is on the back control or direction, A man in common eDi~
of it. ployment with the woman 'would not be ,liabtr
for the offence unless it were proved at thl
Sir JOHN THOMPSON. I do not care same time that the woman wus under Qr-~
whether" it is on the back 01' on the front; I am subject to his control or direction. This is tU"
simply stating a fact. But what of the second principle on which we carried the clo..use-thatJ""
thoughts of the hon. luembel' for ,Yest Durham? is supposed that the woman is not a f.ree agenW:
The hon. gentleman sat £01' three days in committee With these limitations and guards, I submit thaj)~
on this Bill, and during all that time he never the fresh limitation brought in, limiting the secttoD1i
offered the amelldmentwhich he now thinks should to a factory, mill or workshop, weakens unnece'i.~
be lllSerted in the Bill at the third reading. I should sadly the legislation, R"ll;d I shall support tl!~[)i
like to ask him where he got his seco11el thoughts,
and I should like to remind the HOllse that it was amendment of my hon. fnend. "ii"
at his instance, on his own motion, and at his own Mr. 1IITCHELIJ. I just rise to say a felt,,:
pathetio appeal, that the Committee agL'eed to ex~ words to set myself right with this House iu re:J.,
tend the age from twenty-one to thirty years. ga.rd t-o the manner in which I think the honrt
Now he proposes, on second thoughts, to vote Minister of Justice has attempted to mislead th~
for the amendment to strike out that change. House with reg(\rd t-o my attItude. I appeal t-ttj
Mr. BLAKE. It is not in order to strike out the the members of this l{ouse who listened to tht:;J
change in age that I propose to vote for this amend~ remarks I made -When I seconded the motion o~
ment, but because, as I said, with reference to my hon. friend from Cornwall (Mr. Bergin),' it::i
another olause, a greater amount of justice on the I did not dis~iIictly st-at-e t?a~ I was oppose'f¥
whole will be obtained by the clause as proposed t-o t-o the extenslOn of the prmClple, and I iup.~
be remodelled than by the clause as it stands, The porteel his motion because my conviotion was th~tJ~"
remodelled clame enormously extends the class of snch prot,ection was unnecessary. I stated 'di~;'U
cases of persons in a subordinate and dependent tinctly then, that, as a matter of justice, thJ¥
position t-o which the law shall apply. So extended, House having decided that this legislation Wa8~
I believe it is wiser and safer that there should be necessary, I'stood convicted in my own mind thatL~
a restriction of the age, and I believe more good my judgment must be wrong; and therefore, wheliN
will be done by passing the clause with the wider I bowed submissively to the will of the House:11
application, but with the restriction of age, than what else was there before me but to ask.\§
by confining it to one partioular class with the age this House to ma.ke its legislation consiS'timt withiJ
extended. the opinion it expressed. Th~ hon. gentlema.:~t~
should not have ntt-emptec1 to mIslead the House--~
Mr. DAVIES (P.E.I.) I think it is to be re- as to my attitude, I will say nothing about th~r~
~retted that passion or feeling shohld be introduced
course of the hon. gentleman and his uniformitt~
mto the discussion of a question of this kind. I of opinion in relation to this matter. The hon~~
think the hon. member for Northumberland is member for \Vest Durham (Mr, Blake) has lluffi~:~.,
ill·advised in coupling the amendment as t-o the ciently (tealt with that, and placed my hon. frien(l~
age with the other limitation in the clause, because in a queer position. Is he t-o be taunted, to()-------thEi,'t
some will be disposed to accept the one portion of hon. member for West Durham has defended him.:~
his amendment and not the other; and I am dis· self, but I may say a word in that connection-ul:1,
posed to accept both. The clause we have p'assed he to be taunted, t-oo, because while he believes the}
says that any person who occupies a position which limit.ation of time should be thirty in place of,~
gives him an improper influence over a female under twenty-one, but still finding a larger ext-ent of':
his charge shall be liable for a misdemeanor. The protection to females in my amendment, coupled'f_
three classes included in it are a guardian over his with a reduction of the term from thirty t-q-!'
ward, an employer over a woma.n in his employ, twenty, and havipg the option either of accepting~,
and a workman over a female in a common em- a larger protection than be beliElves to be neces~ary;t
ployment with him who is at the time subject or losing the whole, he should allow, the mmor;,
t-o his control or direction. If we adopt the idea he entert-ains to be subservient to the 1ar~er:{';
principle that an employer or workman who benefit. The House has voted that we must glve.f(~
seduces a ·woman under his control in a faotory protection to women. Let us give them that pro-"':1
should be punished, on the ground that she is not a tection as extensive as possible, and it is the duty,;~
free agent, I cannot understand why the principle of every hon. gentleman t-o support the amendmeI)t. :J~
should be confined t-o them, The Bill does not go
so far, with the words struck out, as many hon. Mr. MILLS (Bothwell). I do not agree in the .~~
gentlemen suppose. The woman seducPd must, in observations of the hon. member for Northumber•. '.',;
the first place, be of previously chaste charac~ land or my hon. friend in front of me (Mr. Blake).,
tel'; in the second place, she must be under It is yery important, in our legislation, that we :
the control or direction of the person who seduces should uridertake to legislate with the view of cor- .
her; and in· the third place, she must be of a recting grievances, and not undertake to punish:-,
certain age. I think, therefore, that the principle sin as if sin were a crime. In so far as Acts o~ t~ ", :'
we have adopted in the clause as it now stands is sort affect the good order and weH-being of SOC16ty, '
one that should be agreed to without the limitation it is important we should consider them. 'Where,"
which the hon. gentleman has inserted in the last there is a wrong' being done, where there is an
reprint of the Bill. The first part of the sectiOD immoral coercion exercised by one party over
refers to a guardian who sed1J.cB$ his ward; the another with a view of injuring reputation or
Sir J OH~ THOMPSON,
 ~1l453 1APRIL 16, 1890.]
~~o-=========================o==============r===============c=========================
;\'~
~:,~'::~haract,er we have th~ right, as a legislative body, illustration does not apply to the position he bas
'~-;to int-el'\'~ue ; but it does seem to me that if the taken.
~1-House undertakes w go as far ~8 t~e hon. member
i.,i_' for Northumberland proposes, It wIll altogethe: go
;::-beyoud the line marked out by any real grlev.
~j~J:1ces which have been sl1ffer~d 01' enclu~'er' Other
!'-~~on ~entlemen mny hold a dIfferent opmlOn, but!
~-':'~e~lUly entertain t1~e view that the. cla~lse is
_~_-'"better for the accomphshment of the object It has
':,!1ri.i,1.ew, as it stands, than if it were widened in
f-the way proposed by the hon, memher for North.
~i;u"mberland. What does this clause propose to
j~.i.:dea.l with? .It proposes to deal with grievances
/.'_'$11.<1 wrongs al'ismg out of the dependency of one
~~: ch}ss of the community ~tpOll another.. Does that
tt::dependence ext-encl as WIde as the relatt.olls ?etween
E:.;(mployer and empl?yed? I do not thlUk It does.
j}Tdo not think anyone here will pretend to say
:f.'iilJat is the position of things. In many cases, the
:;teroplo;ved are as independent as the employer, and
;j:'tbere IS no necessity Iorprotectioll in such cases-.;"l.s,
G:. ';£9i.> instance, in the case of ordinary household
\{'~2lirvice or the employment of educated females.
~;,~·Does the hon. gentleman pretend to say that a
:\'1literary woman, employed as a clerk, stands in the
t.· 'Bame position t.owul'ds her employer as the ordi-
't':Jl~ry hired woman in the factory ~ . of women ill ally employment against their em-
~._.. ·)~Ir. MITCHELL. I say she st.ands more so.
;:1' ·Mr. MILLS (Bothwell)." I beHeve that state-
;.. :;fn()ut would be regarded by any WOman so employed
"\M an imputation 011 her character and h~r ability
'-::io take care of herself. 'Vhy, a woman in a fac-
~.)tory, if dismissed to-day, knows not where she may
: ';-"~ employed to-morrow. She is only fit to perform
·.l~ertain work. She may be one of a large family in
t~·lt~itened circumstances, and front the necessity
,'\:Of,her pOSition is entitled to the protection of tIus
':;:nouse. Does experience poiut out injuries in other
,:;.i,~es in the same way?
._., Mr. BLAKE. Yes.
~;:'.~. 'Mr. MILLS (Bothwell). I do not agree with
!;:,~.my hon. friend. I do not belieye it tends to pro-
;((mote the moral standing of the people throughout
.i>~·c?mmunity.to undert.ak? to extend protectio~,
': c.WhlCh, expenence shows, IS not called for and III
My>eases where, experience shows, instead of the em-
:\'(ployed being depend~llt on the employer, thecliffi.
i>i ~ulty is to get the employed to continue in that
(;:.relation. Ii the hon. gentleman. can show that the
1':.<-;()lasses here spoken of-those in the fact.ori~, mills
~l~~!ld workshops-do not embrace all the classes in
·if;:·YWhich this extraordinary dependence exists, he
h..{¥"ill make Ol\t a case f?l' adrlhw. others; but it
:t 'seems to me, the ver;y WIde pronslOll he proposes
~y:9Y' his amendment IS not one which experience
f<. 'shows to be necessary, and therefore I prefer the
.,' f.! -olause, as it now stands, t.o the amendment.
L· . Mr. ~nTCHILL. Just one word in reply to the
_;-.<..hon. gentleman.
~;\" Some hon. MEMBERS. Order.
'v Mr. CHARLTON. I move the adjournment of
f);- ~he House. . .
iC' . 111'; MITCHELL. The han. gentleman asks if
~;"literary women are as dependent upon their ern-
~4 players as women in factories. They are ten times
\~< .more So. The niasses of 'women in fMltories and
i c' :wol'kshops can find employment an.ywhere. Can
.~ -li.terary women or women in shopa 1 No, the
~ ~nl1ot j and therefore the han. gentleman ta
3454
Mr. BLAKE. With reference to one ohserva-
tion of the hon. member for Bothwell, I would say
it has beell estahlished by statistics, carefully
obtained in England, that the ranks of prostitution
are recruited, not mainly or even to any large ex-
tent from fact.ory girls, but out of all proportion
from the ranks of domestic servants seduced by
their employers.
}\fl'. WHITE (Renfrew). I ha{l hoped' my han.
friend would not have coupled the two propositions
in the resolution in your hands, Sir, because I find
myself unable to "ote for the whole propOSition as
suqmitted, although I would be e;lad to vote for the
proposition to reduce the linnt from thirty to
twenty-one. So far as I am concemed, I haye not
changed my opinion with regard to this measure.
r have lleVel' thought, and do not now think, that
the measure is' necessary; and therefore I voted
for the amendment of the hon_ member for Carll-
wall (Mr. Bergin). Although there is a great deal
of force ill the argument of the hon. member for
Northumberland (Mr. Mitchell), that if you adopt
the theory that protection is necessary to any class
ployer, or those who are in common employment
with them, YOll" should extend that protection be-
yond the limit.s defined by: this Bill, yet, holding
the opinion I (10, that this legislation is not neces-
sary at aU, I find myself com1;'elled to vote against
the amendment of my hon. frIend, because I hold,
if legislation is bad it ought to be confill6d within
as narrow a limit as possible. Therefore, while
prepared to vote for the reduction of the age to
twenty-one, I feel obliged to vote against the other
propOSition.
Mr. McNEILL. I wisl). just to say a word in ex-
planation of the vote I sll&l1 feel obliged to give
upon the amendment now before the HOllse. Had
I been in my place at the time, I should have voted
for the amendment of my hon. friend the member
for Cornwall (Mr. Bergin), but not having had the
oPl,ortullity of doing so, I desire to say that I
think the amendment of my hon. friend from Nor-
thumberland (Mr. Mitchell) only makes the matter
worse, that it only makes the clause lUore mis_
chievous than it was before, and I think it would
be difficult to adoVt any more mischievous legisla-
tion than that whlch we are now passing. I feel
satisfied that, while we are trying to remedy one
evil, we are opening the door to all evil which is
much worse. I do not desire to detain the House,
but I wish to enter my protest against this legisla-
tioll altogether, believil1g, as 1 do, that the result
will be that many young men who haye had little
experience in life will find that they are the
seduced, and that they at'a in a position which
will entail a fearful amount of sorrowandsttffering
upon themselves and their families. I think that
the mothers of Canada, when their sons are going
to enter upon a city life, will feel still more
alarmed as to the dangers they are to encottnter
than they do now', when they find that this Bill
has been placed upon the Statute-·book.
Mr. TISDALE. I beg to move, in amendment
to the amendment:
That the Bill be not nOw read the tbird time. but that
it· be referred buck to the Committee, with instruotions to
3455 [COMMONS]
=======;======== .~
suhst-itute in the twelfth line of the second section the
word "twanty~one" ill place of the word" thirty,"
That is the strong gronnd which I haye takenfl'om
the start in regard to t1lis Bill. I regret that I
was absent from the ('ol1uuittee when the change
was made. I hadl'ead that clause, alltl I supposed
that there would be no question of changing the
age, I know of many other members who were
inclined to pass the clause in its original shape,
but they never supposed that such a chnnge would
he made as to raise the age to thirty. According
to our IRW, if a man 01' woman eyer comes to the
age of tliscretion it is n,t t'\venty·one years of age,
and I stron~y object to anything being placed 011
o k h' I 'Ill tl W t f
the dtatute- 00 W IC I WI Ia\re 1e euec a say-
ing that the age of discretion for 1\11 purposes is
not twenty-one years. I told the :Minister of
Justice that I proposed to moye this amendment,
and he asked me not to cIo it then, but to do it at
this stage of the Bill, so that the business of the
Honse might he proceeded with. This being an
o~fortulle time, antI this being one of my princi-
pa objections to the Bill, I lllOye it now. I a-lU
opposed to the principle of this legishttion alto-
gether, but as the Honse has expressed an opinion
to the contrary, I must bow to it, ll.n(l I, therefore,
take what, in my opinion, is the second best pro-
ceeding.
Mr. SPEAKER. I would call the attention of
hon. members to the fact that it would he better
to have only one way of drafting amendments to
111OtiOns which are before the House.. The amend·
ment should be that certain words should be
struck off and others substituted. In this case,
for instance, the amendment should be that all the
words after the word {{ instructions" should be
struck out, ana then the amendment shonM in-
struct the Committee to alter the word 1\ thirty II
to the word" twenty.one." . desire to see adopted.
:Ml'.1IlTCHELL. I tllink the sub·amendment
is out of order altogether, as it is not applicable to'
the amendment which I lllOyecl, and I think it
should not be put.
ltIr. SPEAKER. It is in order, because it pro.
poses that part of the amendment be strllck off,
and that the latter part of the amendment shoulcl
be changed.
Mr. MITCHELL. :Mr. Speaker, will you allow
we to correct you?
Some han. MEMBER. S Hear, Ilear.
Mr. MITCHELL. I am correcting the Speaker
on a matter of fact, which, no cloubt, has escaped
his attention. I cQntend that, on that ground,
the amendment is out of order, because it is not an
amendment to the one I have mo\-ed.
Mr. LAURIER. 1Iy han. friend from Nor-
thumberland (Mr. Mitchell), I think, is correct on
the point of order. '''hat my hon, friend from
Norfolk (Mr. Tisdale) wants, can be obtained by
1110Ying his amendment subsequently.
Mr. TISDALE. I submit that the amendment
to the amendment is in order, if it proposes to drop
a material part of the original amendment. Sup-
posing the amendmellJ; of my hon. friend from
Northumberland (!.II'. :Mitchell) were lost, would
it then be in order for me to moYe this amend-
l1lent?
Mr. 1IITCHELL. Certainly.
Mr. TISDALE.
345~~,
:\11'. TISDALE. Because, if I could not maYa ft"7
then, the House hewing already pron01111Cetl on th e -"
main question, I couM not haye all opportllllity or,-
proposing to reinstate the age as in the original'f'
Bill. . ':'.
~Ir. BLAKE. As a. matter of form, I think tl1e~
amendment to the amendment is out of oreler, bli61?
I think jt would be ill onler to ask the House t-a~>if;
affirm one part of the amendment and to disafiirui..:f
the other part. At the &'l.llle time, I have no doubt':?".
that it would be in ortler for the hon. gentleman to\~I;.;:
1ll0\'e his nmendment after the other amendment';}
hM been disposed o f . . .~~}
,-.;i
:Mr. TISDALE. I wish to put my motion bi.~J
order. I confess that I am quite ignorant of the;I~"
technical rules of the House, hut I wish my amend~'.:;..
ment to be put as an amendment to that of the hon:.4
'"".\ '"
gelltlenum (.Ir. Mitchen). ::~
Mr. MITCHELL. The question has been called/)fI
anyway. :'J
:;\[1'. DAVIES (P.E.I.) I hope the hon. mellll)er.{~
for Norfolk (Mr. Tisdale) 'will withdraw hia~t;
mnendment, because those who are supporting the~l
amendment of the han. memher for Northumber_'±~
land ('Mr. Mitchell), and are also in favor of tbe;:·~
amendment to the amendment, will be obliged to'~
yote against the latter. I want to support both·)
amendments, and if the han. gentleman with:'-~-I
drMYS his nmendment he can 1ll0ye it subse·.;.,,~
qnentIy.
:Mr. BLAK]~. The han. gentleman (:Mr. Tis."
dale) will certainly get a larger support for his,';
amendment if he moves it independently than if '
he llloves it now as an amendment to the other·:
amendment, because he must see that it will ..';
eliminat-e from the motion of the han. member for ~
Northumberland the words which many members ':..'
-.
Sir JOHN THOMPSON. I would advise the
han. member for Norfolk (Mr. Tisdale) not to nc· '
cept the suagestion of the hall. mertlber for 'Yest- ';
Durham C~fr. Blake), because he is opposed to the'
change suggested by the hall. member, as, in fact,
it was at his suggestion that the age was changed
from twenty-one to thirty.
),11'. BLAKE. That is not a statement worthy
of the Minister of Justice. It amounts to saying
that my suggestion was disingenuous because my-'
opinion as to the age is different from that of the'
.!.~ r. Ti'
han. memb e1' f or S ou tl1 N orf 0 Ik ('1 Slla I)
e. I
made a statement very clearly to the han. member
for South Norfolk, that if he withdrew his amend.
ment now, he coulcl move it again after this amend-
ment was' disposed of, but that if he moved it
now, it would, if cnrried, defeat the amendment of
the hon. member for Northumberland; so that
several members who were in favor of his amend- ,
ment would haye to yote against it in ohler t.o,
prevent the defeat of the other amendment. I
Mr. MITCHELL. I have just one word to say
in reply to the hOll. member for South Norfolk
(nIr. Tisdale).
~Ir. SPEAKER. I think hon. gentlemen are
getting out of order by speaking several times.
:Mr. MITCHELL. I am speakulg on thea-meml-
ment to the amendment, if it is before the House. I
:Mr. SPEAKER. The hon. gentlemRn has
already spoken on this amendment. !
\.3451 [APRIL 16, 1890.] 3458
(========i=========
I have not spoken on this I NAYS:
Messieurs
(P.B.I.) Let the point of order AAu'md~ttrong,
"
Hesson,
Holton,
Baill (Soulnnges), Innes.
Enin (\Yclltwortli), Jamieson,
Barron, Kirk,
Bergin, Jones (Halifax),
Blake, Lnllderkill.
Bois\'ert, Lang,
BourAS~I1, Langelier (~ttebee),
Bowell, Lallfi6vln (SII Hector),
Boyle, LaRlYiere.
Brien, Lnu~·ier.
·1~"~~~0~;~tim~I. think it is necessary I should Cameron,
Campbell,
Upme.
Lister.
ttl • In the first place, I am
Cnrhllg, Livin~tone.
the hon. gentlemen who ha\'e offered Caron <Sir Adolphe), Loyitt.
I always appreciate that, but I Cnrtwright(Sir Richard}, Macdonald (Sir John),
""..,."..I'ly prefer to follow my own judgment. It Casey, Mackenzie
the hon. member for Northmnberlancl Cnsgra"ill, MoDonnld (Viotoria),
Ohapleau, MoDougnld (Pictou).
he gave me that amendment; it is true, Charlton, McMillan (Huron),
that two others were going to be move(l, Choquette, McMillan (Vaudreuil),
not say 'whether I would support either Cookburn, Meigs,
Colby, :Miteholl.
It true, as twenty gentlemen, Cook Paterson (Brant),
tho House know, that I Coug hlin, Patterson (Essex.
but after my interview COUlombe, Perry,
that Iwould moyesuC'h Daoust, Platt.
Davies. Porter
the discussion took the Dawson Purcol\,
thought that the most oppor- De St. Georges, Rinfret,
my motion WM after the main amend- Dewdney, Roberhon,
Dickinson, Rown.nd,
lost, and that the present was the most; DUpont, Scriver.
'<:;';;,;;".;;,;,;;to carry the amendment in whieh I felt Edgar, Semple,
,. and by which I hoped to shorten the Eisenliauer, Skinner
Ferguson (Leeds & Gren.), Smith (Ontario),
~tlrh::C:'~~:(f~e.n~I, propose to proal> my amendment to Fiset, Somerdlle,
~ and leave the Hou\3e to clecide. Fisher, Therion,
Flynn, Thompson (Sir John),
MITCHELL. I ask the ruling of the Foster, Trow
whether the amendment to the ameudment Freeman, Tnwbitt,
Geoffrion, Vanasse,
order. Gmmor, Waldie,
Godbout, Welsh,
I decided that the sub- Grandbois, Wilmot\
,.,;;;~;tm~,~twM in order, inasmuch as it tended GuaY. Wilson \ElKin)\
of the provision of my hOll. friend, Guillet. Wood (Brockvi Ie),
part. Hall, Yeo.-9S.
on a1l1endme~t of Mr. Tisdale: Amendment negatived.
YEAS: :Ml'. TROW. The hOll. member for North Ox·
Messieurs ford (Mr. Sutherlancl) has not voted.
f"!,,,hllb,l,d(Sir Adams), McDougall (Capo Breton), Ur. SUTHERLAND. I had paired. I would
McKay,
MoKeen, have voted against the amendment.
McNeill, House divided on amendment of1lIr. Mitchell:
Madill,
Mart~. YEAS:
Marshall,
Masson, Messieurs
Mills (.Annapolis),
Mills (Bothwell), Armstrong, Innes,
Moncrieff, Bairr (Wentworth), Kirk,
Montague, Barnard, Landerkin,
Mulock, Barron, Lang,
Pope, Bergin, Langelier (Quebec),
Pnor. Blake, Laurier,
Putnam, Borden. Lister,
Riopel, BOllra...~n, Livingston,
Robilln.rd, Bo\vman, Lovitt,
Roome, Borle, Macdonald (Huron),
Rykert, Bnen MtWkenzie·
8te. Marie, Cam~bell, MoMillan (Huron),
Sh(mly, Carglll t Meigs,
Small, Cartwnght (Sir Richnrd), Mitchell,
Steveuson, enSey, Paterson (Brant),
Taylor, Cnsgmin, Perry,
Temple, Charlton. Platt,
Ti~dale. Ohoquette, Pope,
Turcot, Gimon, Porter,
'Wallace, Cook, Prior,
'Vat$On, Davies, Rillfret,
'Yelclan (Alberti' Davis, Robertson,
White (Cnrdwel ), De St. Georges, Rowand,
White (Renfrew), Desaulniers. 8te. Mnrie.
Wilson (Argentauil), Dessaint. Scrivel',
Wilson (LenDOx).-71. Eade Semple,
Ei5enhauer, Shemly,
3459 [COMMONS]

Ellis, Somerville. than that to which our attention has been

Fisetl Tisdale, this afternoon, am\ upon which I made
Gauthier. Trow,
Geoffrion, Turoot, vatiolls yesterday. I refer to the pr"vision
Gilimor. Waldie, reference to trade combinations.
Godbout. watson~ tention to engage in the fruitless task
Gordon, Wilson Argenteuil),
GUllY, Wilson Elgin), my views to a division, but I will
Holton, Wilson (Lennox}, occasion to record them. I moye the
Hudspeth, Yeo.-74. amendment :~
NAYS:
1'tle~ieurs
Arahibald (Sir Adams), Lan~evin (Sir Hector),
Audet . LaRlviere,
Bain (Soulanges), Laurie (Lieut.*Gen.),
B~obard, Lepine.
BergeroD, Macdonald (Sir John),
Boisvert, Macdowall,
Bowell, McCulla!
Bryson, . MaDenn d (Viotoria),
Burns, MoDougald (Pictou),
Cameron, MoDougall (Capo Breton),
Cnrling, MoKay,
Carpenter, MoKeen,
Caron (Sir Adolphe), MoMillan (VaudreuU),
Chapleau, McNeill,'
Cochrane, Ma<lUl,
Cookburn, Mara
Colby, 1farshall,
Costigan, Masson}
Coughlin, Mills (annapolis),
Coulombe, Mills (Bothwell),
Daly. Monoriefi', years
Daoust, Montague
Dawson, Patterson lEssex), 1 wish to explain that the purpose of the
Denison, Purcell. ment is to protect bo?,s nnder :twenty-one years
Dewdney, putnam,
Diokey, Riopel, age from the operation of this Act. It seems
Dickinson, Roome, me that it is a proper thing that an .
Doyon Rskert. boy should be protected from this
Dupont.. Skinner, come to the city, for the first
Ferguson (Leeds & Gren.). Small.
Ferguson (lVelland), Smith (Ontario), place, aud fall mto the hands
Foster, Stevenson, women and are sednced by them,
Freeman,
Giga,ult,
Taylor.
Temple, liable to punishment by two years' i;;;p~[;~n;;;~;~t;jl
Grandbois, Therien, Sir JOHN THOMPSON. I
Guillet. Thompson (Sir John), gentleman who has proposed this
Hull. Tyrwliitt, '
Hesson. Vanasse, not fully considered one feature of the
Hiokey. ,VaUace, which seems to make it unnecessary to
Jamieson, Weldon (AlbertI provision of this kind. The Bill makes it pnn1sh,;~
Jones (Digby), White (Cardwel ),
!{enny, White (Renfrew), able for any person, and. it desires the
Kirkpntriok. Wilmot. defined, to seduce 01' have im~roper co;;;'"ctio~'Jl
Labrosse, Wood CBrockville).-SS. with any person in his employ, 1U a
Amendment l~egatived .. or workshop. The mall is not likely to
twenty-one years.
Mr. MITCHELL. Before the main motion is .Mr~ BF:RGIN. There are many
pnt, I desire to &:et a' statement fl.'Olll the Govern. age who are superintendents in mills.
ment. The maJority, I understand, is only 12.
During the term of Lord Dufferin, in 1873, when I Mr. McNEILL. I think the word "dire.)ticm "f!
had the honor to be slightly responsible for public mentioned in the Bill is a very wide
affairs, a crisis occurred, and I recollect that Lord is difficult to define or limit its '~:~~i~i!;c,";;~;;~:~;'
Dnfferin declared at that time that if the majority who happens to be a little in adva-uce
of the Government in a division was not greater woman connected with the
than the number of the members of the Govern- direction of it is subjected to
ment in the Honse, the Goyernment were practi. clause. Any boy who has. only
cally defeated: I would now like to ask the right a few weeks ago, may be superior
hon. gentleman what course he intends to pursue a young woman who came into the
nndel' the circumstances 2 the same time, and ha,ve her as a
although she may be a city girl and a very
Sir JOHN A. }'IACDONALD. The majority is ent sort of person. .
greater than the number of the members of the Amendment negatived, and Bill read the third.:.
Government. time and passed. .
"Mr. MITCHELL. Their number is only 12, I
lmderstand. WAYS AND MEANS-THE TARIFF. d .•

Sir JOHN A. MACDONALD. It is 14. :Mr. FOSTER moved that the House aga.in:;;·:
Mr. MI'tOHELL. Then the Goverrunent is resol.ve itself into Committee of Ways and Means;.;~
saved by a majority of 2. Mr. BRIEN. I desire the 11inist-er of Financ~{.
Mr. BLAKE. I wish to direct attention for a to take up Nos. 171 and 182 with respect to.(;
moment to another description of concerted action nursery stock already purchased in the Unit-ed~,
Mr. MITCHELL.
 '4937 [MAY 16, 1890.J
'site haye become somewhat reckless amI hwish in
ilieirexpel1diture. lam ,'ery much pleaserl that the
iFirst ]'linistel' has 8njoyedsnch good health durinrr
:this He seems to he as yigorous and a~
hewns ten 01' fifteen years ago. It is
the hardest wOl'ke(l memher of the
!'ln~i;'jlstra:Oio.n. hut, at the same time, his ahsence
be, in my estimation, a fatal Llow to the
ConS81TatiYeparty. I hope that in eight or
months we ·will nU meet h:1'8 again enjol'illg
usual henlth, and that the HOY8l1lll1el1t wi 1 he
prepared to hring down their measures
in the Session. I think it is greatly to he
""7"~'~:'. that their impl)1'timt lUeasures shoula he
the House within a fe,y weeks of the
Session, in order that the Home
able to giye them the needed attention. I
like now to heal' from the ne'tvly electe,l
for Ottawa (Mr, Mackintosli).
f!'~:;'~'f,,~!:iG,~:'~~;l"f;' ~[l'. Spe..'\kel', I 11e\-el'
~ for the al'l'iYal of the (;-o...-e1'-
at the present moment, an(l
sure you all pal'ticil)ll,te in my sentiments, So
as I am concerned, I sympathise with you nUll
the f(tet that t1lJ.rh1g this Session,"
three Sessions, you 1m '-e hecn de-
1n'",mce in Parliament, I £lllOloghe
hehalf of the electors who
am one of those who l)elieYe
friends, and in my
like mallY others,
"-~j~:i~'~~:,~~;::n~~ thi,t lnel' h,.,d,he,, ofcountry
~
hatl
the people,
accession of the right hon. Sir John
power I luwe realised the fact that
luu1 a statesman at the head of affairs,
n'lrtw'nt,dothel' state.smen to support; him, 'Yhell
hy so many people of this constituenc)'
camUdate for Parliament, I acceptell
16i""itutkm.aml can honestly state that humlreds
all hehalf of the GOYel'lllnent of
gentleman, amI thom;ands gi "en to
manifestation of gootl will amI persond
I quite alllll'ecinte the "llility atH.I the
of the , member for Perth (~h. 'l'rrHV),
generally, -who, when I wus
before, treated me in the most
and courteous mannel" In fact, I only
. what good things they llaid, and allowed
-words to pass iuto ohliyion. I am glad to
to the House of Commons "gain, antI to
with the hon. gentlemen WhOUl I see
I shaH endeayol', like my fdentl the
thinl ho imlepeudent, with
the IJolicy of the Ad-
,
say
"hL;~:~~::~Il~~\:I:ll::lt\~y Yeutut'e to that I caUle
somewhat, by experience, amI
my right hOll. fdent! the lef1.l1e1' of
Go,e.L''''llentwhat I call an imlepelulellt sup-
not trespass ulJon the time of the
any longer, but trust tlmt next Bessioll I
be able to take an acth-e part in the In'Qceett-
of Parliament. I was slaughtere(, so to
three years ago, hut the general im1ll'ession
to be that my l'eSlll'lection is complete and
pel'luauent.
BRO',"1\", )11'. Spenker--
PROROGATIOX,
from His Excellency the (+Qvernol'
Gentleman Usher of the Bhtck Rod:
4938
Mr, SPEAXER:
His Exeelleney the Go,"ernor General desires the im-
mediate presence of this House in the Senate Chamber.
Accordingly, ,~h'. Speaker, with the House,
went up to the i'lenate Chamber,
IX THE SENATE CHA1IllER.
His Excellency was -pleased to gh-e, in Her
il1ajesty's name, the Royal Assent to the following
Bills :-
An Act -respecting the Pontiac Paeific .Junction Rail-
way Comllflny.
An Act -respeeting the Grand Trunk Railway COml)all}'
of Call ada,
An Act to amend" The Exehequer C(Jurt Act."
An Aet to incorporate the Dominion Safe Deposit,
Warehousing and Loan Company (Limited),
An Aet to ineorporate the Home Life Association of
Camtda,
An Act further to amend" The Canada Tempcrance
Act-."
An Act respecting Fishing Ye~se1s of the Unite(l States
of America.
An Act respeeting Grants of Pnblic'Lomls.
An Act· for the relief of Hugh Forbes Keefer.
An Aet for the relief of Christiano. EHman Glover,
An Aot to aUlend au Act· eoncerning »Iarrin.ge with a
Dece:tscd Wife's Sister.
Au Act respecting II, H. Vivian and COilllmny (Limited).
An Act futiher to amend the Aet r(lspectil1g the Inland
Reycnne, chaptcr thirty-four of the Revised Statutes,
An Aet to amcnd "The Interprctntion Act,"
An Act respecting the Dellllrtmellt of the Geological
Survey,
All Act to facilitate the llurehase by thc Pontiao Pacifie
.Junction Railmly Company from the Canadian Pacific
Railway COmll(Lny of the Brnnch Line ofRailWilS between
Hull aml Aylmer,
An Aotl'espectingthe Ontario Pacifio Railway Company.
All Aot to confer on the Commissioner of Patents eel'·
fain powers for the relief of Georgo T, Smith.
An Act r(!8peoting the Hereford RaUwny Comp..·U1Y and
the JUaine Centl\\l Railway Company,
An Aot l'ehltillg to Bills of Exehange, Cheques and
Pl'Omis50ry Notes,
An Act further to amend the Criminal Law,
An Act to amend" The Indian Advancement Aet,"
chapter forty.faur of the Revised Statutes,
An Act- tu amend" The Gas Inspection Aet/' chapter
one hundred and ono of tIle Ruvised Stntates,
An Aet respecting Railways.
An Aet to amend" The Seamen's Act," challtersCyenty·
fuur of the Revised Statutes.
An Act to amelHl "Tho Steamboat Inspection Act,"
chapter l'eYellty-eigllt of the Redsed Statutes,
An Aet further to amend tho Revised Statttte!>, chapter
fiye. respeeting the Electoral Franehise,
An Aet rl:Sllecting certain Sn\'ings Banks in the Pro-
vince of Qucbec.
An Act respecting a oertain agreement therein men-
HOlled with the Calgary aml Edmonton Railway Com-
pany.
Au Act to amend the Acts respeoting the Harbor of
Pictou.
An Act to amend the Aots respecting the Duties of
Cmtoms.
An Act respecting the 'Yood Mountain and Qu' Appelle
Railway Compam:,
 DEBATES

OF

THE SENATE
OJ!' THE.

DOMINION OF CANADA

1890

REPORTED AND EDITED BY

I-IOLLAND Brof,l.
Official Reporters of the Senate of Oanada, Ottawa

FOURTH SESSION-SIX'fr-r PARLIAMENT

OTTAWA:
PRH,']'Eli HY BROWN CHAMBERLIN, PRIN'rER TO THE QUEI~N"S MOST EX.OELL'r~NT
MA,JESTY,

1890.
 Miscellaneous [APRIL 22-23, 1890.J Proceedings. 515

PONTIAC PACIFIC JUNCTION and froz~n on the hl'idge at Ning""". In

RAILWAY BILL. point of fact, it appears that this' man
CODIMONS AUENDilIENTS AGREED TO. was ongaged in smuggling Ohinamen back~
wards and fOl'wal'(ls '-bet,Yeell the United
lION. ~fu. VIDAL movcd the adop- Slates and Oanada. He arrived on the
tion of the amendments made by the bl'idO"e with two Chinamen at nine o'clock
House of Commons to the amendments in the morning, and, at first, it was SllP~
made by tho Senate to Bill (87) "An posed that neither he nor they had any
Act rospecting the Pontino Pacific JUI10- license 01' l)el'mit, OJ' any money! but two
tion Railway Oompa.ny.H He said: II This of them turned ont to have permIts 01' oer-
is a very simple amendment, which has tificntes at' ,Yhntever ·was needed, und puo
been madc in tho athOl' House. It is had not. This one had been living in
eathely in hal'lllony with what wns Toronto for Some yeurs. Somo discus-
desirod to be done by the aUlenchnent sio11 took l)illce as to whn,t should bo
which we mnde, but tile wording of Ollt' done 'with him. The two who had
nmemlmcn t suggests 11 doubt, a vel'Y pel'mits wora allowed to la-net; the
serious one. The words used in our n,mend- othor man was allowad to go baok to
mont" a,nel the use of the lines of tho the United Stutes. He came back after
COllll)tlnY connected therewith," aTe .too, a while but he WHS not n-llo""cd to lrmd.
general, and would give to .the associated without fI, certificate, Aft01' some parley
coIlllnl-TIy' the ri!?ht ~o ,use tl~eir li?e to the
ho was l'olbgntod to the Customs ngent}
extr~me ond of It, '''h10h was 110t mtended, and allowed to como on shoro, whe1'o he
80 it was amended by striking out those was well and comfortably cmod for and
words and inset,ting tho words" approacbes fed until instructions could bo got fron1
thereto,'} Ott.n:wfi, a.nd upon those instt'uctions being
The motioll Wfi-'3 .agreed to. l'ocoivcd he "lyaf'- allowod to go whore ho
l)lon,')cc1 and this was all within thl'oO 01'
EXOIfEQUER OOUR']' BILL. four hdurs from tho thne he made his
THIRD READING. [l,ppoarance on th a bl'i~lg~. ~hC1'C 1\:OS ,no
The Rausa 1'0801 veel itself into n- COlUmit- ha.l'<..lship of any tloscrll)hol~ In conuectlOu
teo of the whole on Bill (129) "An Aet to with it. Tho man was detmned only three
amend I The Exohoquot' Court Act,! }} 01' four hours.

(In the Committoe.) IIo". MR. KAULBAOII-Wns he Bont

back OVOl' tho uOl'{lol' again?
HaN. MR. ABBOTT-This is a very
short Bill to rogulate the "ppeal to the HON. MI\. ABBOcCT-No, ho was nllol\'ou
Suprome Court from the Exchequor COlll't, to go whol'e he pleased, My imp,ression
und I would ask that it be 1)Ussoc1 U~ it is, is that he and tho athol' two Clunmnen
with n slight addition in th022ndlino. It is ,vont back to tho United States,
proposcdthataftel' thcwol'd ((attorneys!l hl BILL INTRODUOED.
the 22ud line tho words I( 01' 80Hci tord 11 be
ndded. ' Bill (65) "An Act fLlrthol' to llUlond the
Ol'im;nal Law-(Mr. Abbott.)
HON. MR. HAYTHORKE from tho Oom-
Dlitteo l'Opol'tc{l the Bill with un n,mencl- Tho Senute o.djOUl'l~ocl at 6 l)·,m.
Dlont.
Tho 11epol't was ngreed to. TUE SENATE.
'llhc Bill was then l'cad the third time Ott mfa, TVedne$day, April 23rd, 1890.
and pnssed,
THE SPEAkER took the Ohair fit 3
TIm OHIRA'lIAK AT :"i"IAC+AHA. o'cloek.
::EXPLANATION, Pruyers and routine proceedings.
lIo". 'lin. ABBOTT-I desire to say at
thlS stngcJ that I obfained to-day the in- SEOOND READING.
forll)ation thnt I promised yesterduy a bout Bill (IU), "An Act respecting H. H.
!hc Ohinaman ,yho wns l'epl'os(mted ai') 11<11'- Vivian Oompany (Iimited).-(Mr. MllC-
Ing been l't3tnillcd for. three clays and stfll'Yed Innes, Burlingt-on.)
 al'iminal Law [APRIL 25, 1890.J Amendvtent Bill. 583

OEORGE T. SMITH RELIEF J3ILL. Thepro-visiol1S, however, which it contains

are very important incloGd. They afford
TIIIij.D READING.
a huge additiQnal mea.~ure ofl)l'otection to
(fhe Ot'dcl' of the Day being called, a ohms which meets with public syn"lputhy
Thil'd Heading ]3ill (98) "An Act to con- in the greatest IJossible degree, young girls
fot' on the Commissioner of Patents certain of immature ycms, \\'ho are Decnlifu:ly
pOWOl'S for the I'eHcfof George 1'. Smith/' subject to temptn,tion and even to outrage:
in those l'espects tho protection a:tfol'deu by
HO~L MR. IVIAoINNES (Burlington) this Bill is yet'y much inCl'E(used. The figS
movcl[- . a.t which con~ent may be giyen i:5,raised
'l'hat; the Bill ho 110t now reuu the thi\'d time, hut to a morc reasonablo OUO, 'and the puoi:::;h- .
that it Ill: :lol1Ll<udetl byinsf:l"ti.ng nfter" acquired" the mont of outrages upon this chi$:! of
\\"0111,; "hy ns:.ignment, llfier, mnnufncture 01' othel'- pCl'~ons hi mn.l[o marc Keyel'O and the
WiSl!, "
crimm.! are bettel' dofined, und therefore
1'ho motion was agl'eecl to, and the Bill) marc eu::;ily VUllished. I think ·when \\TO
as nlUondcu, was read. the third time and corne to con;mlel' tho tlcttLilt;l of this chap-
pn.%ctl,. ter wo shnll fimt H tt grot~t impr'oyemont
1n tho criminal law, and I hope 1,-hon we
OnDllNAIJ LAW AMENDMENT BILL.. COllle into committce that tho HOll'" will
SEOOND READING, be Pl'optu'eu to accopt) or at nIl oyent.., to
di.::cuss with i1luulo'oIlce, the amendments
Hn:f. J.\IR, A13BOTT moved the second Wl1ich I l)rOpoS(t to· offer, 'l'he thiI'rl
rending of Bill (65) "An Act furt,her to chapter is mainly c1eyotod to fho prOye1t-
mnond the Criminal L!1w.1l He I·mid :. This Han of un evil which soem8 likely to ell-
is a somewhat comprehensive a111emi1nent croach upon Uti l that Of:i'!lOt'D10lll)olygftlllY,
to tho Uriminnl JJa.\v, applicablo to qnite ~mcl it i~ dcvotecl largely to proYi.t;ions
a .llll'ge numbel' of the subjocts to ngfl.illdt that practico, Tho 110Xt cbaptol'
which tho various Acts in the Re- i1:) rm amendment of ChfLptOl' 162 of the
visc{l Statutco rqJply, Borne of them Revit1cLl Sta.tntc;::l nnd npplic:1 to offence!:)
of tL ve['y important cha1'ac~er in- agni11J)t t.he pCl'oon, It"i:~ Dimi1nr in its
deed, l1:he first division of the THIl, which bCfl.1'ing, in llUt.J1Y l'O;;poots, to tho ~oco!1ll
is .subdivided. nuder heading:) applicable to chapter, to which 1 havo nll'otldy l'efcl'l'cc1,
tho different Act" in the Revisod Statutes and deals with n.nnlugons subjeets. In
of' Cnnau{t., applies to Gscapes ancll'e~ClleS, the~o amendments) also, the ago of eOI1.....;cnt
and l1101'e pu.1'ticularly to eH-cfl.l)cl:! und is }mt upon a moro rca;;onuble footing,
l"e~Cllos from and in respoot ofl'Gformatory the offences B,['e be.tter defined) Hnd j)OlUe
111'L'lOnB, 1'efol'matol'Y 8chools, industrial I additional l)l'ovisions fire made to protect
l'ofllge~J iUu.llstl'inl homos, 01' industrial those 11011)le':;8 children a11cl young people
schoob) with l'ogm·(t to 8001.e of which from the kind of outl'age pt'Ovided against
tl~cro wa~ no provi~ion at all bofore, and in this chapter, The next chaptet' has
'~l~h I'egard to other!'! of' which the 1)1'0- reference t-o malicious injul'ie:') to pt'operty.
\'lSlOn hl improved. Tho second division. There is no grea.t n.ltel'11,tion in this chap-
apl)1iOti to offe;ncos against public moruls I tel': thore Ims been somc atteml)t nt fu1'-
!t?cl convenienco) and these make V01.'y oon- t,hel' preCision of definition, and the offences
?lllernble changes in the Criminal Law against bounduries Bre somewha.t extended
In thi:; t'ospect. I think it probable and better defined) lmd so wiLh rogard to
tIl,fit whon this Bill goes int6 COlll- tho next cbnptot' respecting thl'ettt~ and
llUtlac) I shall propose some further athOL' offences.. Tho main change whicb
UmO!ltlmonts to that ohapter of the this uhftl)ter makes in the exi:'lting Inw has
Hen~cd f:Hntntw) and somo amendmcnts reference to combinations. UncleI' the lnw
to lhb 13ill as it stands. There are one Ias it stood) it WIt::; doubtful ·whether an
Ot· 1\'-0 things in it which) I think) will agreement amongst workmen not to wOl'k
~trd~y meet with the al)probation of this was l;Ot, a Cl:hn~nul conspirncr, lHlllishable
lou:->e) and I propose to ask the Senate to by cl'lllllnal ll1(hctmentas n nu~deamen.nor,
C lhr\ngc them. There is n question of ago, and as that is nqtthc J?olicyofthe country
W Jeh I think is objectionnhle, a.nd 1)1'0- or the general tendency of its laws) this
bnbty "\yhen the Bin goes into committee. chapter will pl'event the possibilit.y OfSllCh
We may find it necessary to altm' that.! prosecutions as tha.t. Of course it is })l'etty
3G?r
 58,1 Cfriminal Law [Slli~ATE.J Amendment Bill.

I
generally I'e-cognized'that any number of i-it is tho duty ot' Pflrlhl,mcnt to pl'ole~t
men may, if they choose, agree llot to tho.:.->c \vho ure tuo youllg and helple~s to
work. frhe only ac.tion On their pnl't 1)l'ote0t them:;e\YG:l, 1JC1'"On8 of nultnre fi-fte
which it is neces-snry to pl'o\ide ngninBt l:ihonld bo tn-ught to J'ely On their O\~n
sternly and stdctly~ is the prc,·ention by honce and I'eligiolls inft.uences to l)l'otcct
intimidation 01' fOl'U0 of' other pC(1)le \YOl'k- th~nl ratbel' than on the criminal law .. I
ing) and as l'l"Bpects this they al'e pCl:fectly think tlHtt 1;3 tho sentiment of the Honse,
nt liberty to l'OfllSe to work indrddunlly Rnll I am glad to heur that .the leadel' of
01.' by concerted action if they choose. the.lIouse pl'opol':les to move in that tHre.c~
There fU e a good many clauses to which don. rr'here are. Ilome other point;:;. in·(jon~
I have llOt yot l'eferrec~, but they £1.1'0 nection with cel'tain clauses under the
nutinly imch subJects n~ we can better second heading~ io whi.ch 1 propose to call
disClU5S at the table in committee. 1J.1hey attention when tho Bill Gomes before C()m~
are simply lJ1ll..tter8 ofprocecluro. I have :nitt.ee. I am glnd that the (iovernmCll!;
referI'ed to nIl the i1l1})Q1'tnnt mattei's in have .tmtlel'taken to de~l with the practice
which the lmv itself i8 alLerecl in what I of polygamy. It 18 uudel'stood thn,t SOmB
have said nbout the first fOUl' 01' five Mormons h(l,ve :::ettlccl in Out' North-·West
. chapterB. Tel'l'itot'ies, tmd the pl'obubilities are that
, if the Govcrnment and Parliament of
~{ZN. MR. MACDON~LD-I ,~oulclltke Onnada die! not ~ak~ .Offie steps to indi-
to ,,,k the han. MIJllsteI whetheI ho .wIIl Gate that they dId not Pl'opo,e to allow
(Jonslde?' w1?-~n the ~lli g?e:3 to CODllmttee those -people to continue to imlu\(te in
the ~es.unblhty ~f lfiSel't~ng a .clause 1'08- their 1)efu.rions l)l'acticG in this COt~ntl
pectl?gd' PfolYjgntmYff',to dlf~qu!lhfy l~orsons we might ere long have u, whole.)J~ I
acouse 0 tnt 0 Cllce tom servmg as exodno from the United States Who'
jUl'Ol's? I took fl, good d~al of trouble in they fire now being followed l~P ene~~
t~e ea1'l?, p~l't of the ses8.1011 to pl'e'pal'~ n, geticn.lly by. tho law inLo this COun.
J3~1l regn.l"~mg ·~rorm~ms!n., an~ 111 that tl',y. I think it wou1(~ be: a great
. :B.1 11 I had a o:~u~e ;0 !}l oh:b~t .p~l'son~ c,?n- mIsfo1'tune, a.nd npon t111S pomt 1 am
v1cted. of J?olJ bUl~5 ftam sel vmJ on JUrIes pleased that the hOIl. gentleman from Vic-
ar votmg III electIons. tol'ia has l'efol'l'ed to the objection there is
RON. MR. KAULBAOR-It seems to to have sll<~h charn.0tel's serve On juries or
me that the provision !lB to jnl'ors woulcl voting in electiolls. It is de8irrtble that no
onG holding views which Mormons do
be a. matter for the Pl'ovinces to deal should be allowed to vote or serve a') jUl'Ol's.
with.
Perha.ps the House will prndon me for
RON. MR. MACDONAJJD.-Not in the reuding a letter roeently reoelved from.
NOl'th.West TenitOl'ies. Utah, wriiten by n. most intelliglmtmrtll-
a Canadian, I understand, who bas be0Ufor
. RON. Mil. ABBOTT-Certainly not, and some considel'able time in that cQuntl'y.
tha.t is a matter we will consider when it The letter is very long j it gives a vivid
comes up in oommittee. With regard to picture of the state of things in Utah, .
disqualifying slloh l)ersons from voting at a11lt a clear i~leH, of the dangors whioh 1
elections, there is a Rill ~befol'o the Oom- might arise if those people were .a1l9wed.
mOllS to· amend the Franchise Act, in to Inulti])ly in C~rnttdft, ~nd t.o live ~n t~e
which such a clause might he inserted. I way that they WIsh to !lye. The letter IS
sholl 0011 the attention of my han. 001- duted 12th April, 1890. It was written tD."
league to it. a pI'ominent member of the lI01..1se of Com-:"
mons, and. it reached him too late to be of·.
HbN. MR. POWER-This :is an. impol'. any use there.
taut "Bill,
.making
, .serious modifications in: " Hnvine- seen much of Mormonislll dUl·ing Ul6 1~s,' ,_:
t h e eXlstmg crimmal law, and I am glad ·few months I take the liOO1·ty of submitting so~:
to be able to say that I can cordially e11- im-therobservations for your con.siderationin relatl~a,;~
dorse neady: all the amendments I)ropose:i to <lthnt body, . \
In the nrst place, I find that but few A1llerlCiln~ 'j
to be rna d e. I was vel'y glad, indeed, to comparotively speaking, belong to the body, 'n~:;
hear the leader of the House say that he tho~e chiefly from t1:e New. ~n~land StD.t-es. ee ,_'I
pl'~osed to amend clause 4 of the Bill busmess men whose mterest It lS m a worldly. sen nd
. to maint.ain Mormoni~m, are chiefly Engli;lhlUeu, Thg ..
WI respeot to the age of consent. 1Vhile next in number Scot-clunenand then Amerlcru1S.
, . .J
 Oriminal Law [AFRIL 25, i890.] Amendment Bill. 585
/

rUm! population i'i compoo.ed ch.iefly of Scandina' \V~st. The impo:'lition of more severe penaltie.~ for
vians und Danegl,."llnd llext In number come \Vclsh· PQlygmr:ists ",ill not meet the case, T\,:o ye~t1·s or
.roen with Horne J:!jllgli~h ~mcl Scotch settlers.. These t-Bl1 it wIll be all tIle same. }lormon cunnmg WIll be
re?ple' m'e no more Amel'l('~m to-day than when they equal to any IMY in that ~"&ll?ect that may be ltdopt.e 9·
left their lmtive hills Il.ud valleys. They 1\1'6 neither '.rhe lttw here, as :'It(1,ted, IS l'lgorously enforc.ed, yet It
Republic-,Ils or D.e1flocm~-s n01: do thoy in ally w,:Y is scoffed at.. It B«.ems to me before aTIowmg Mor-
ent-ul' into the feelm~s wlncb mnlllate other p{.'Ollle m monism to obtain a finn footing in the North.."\Ve!it,
a uo.tioltfll sense, 'l'lIey are merely .Mormons. 'They tllat the rJ..ue>tiou is of sufficient importrmCtl t.o the
never can become loyal to fmy flysOOrn of Goyernment people of Urmu.da to justify the expC'llS€ of a commis·
nor af!lli(1,te with mlY. other people. 'T~le.y ~l'e t..'t~lgbt sion t·o t1ti:'l country to 'obtain inforlll.ation on the
- to behevlll1ud do baIleye that JHormOUL!J11l1S destmed 'whole question. Mormol1unn in t.hi~ C[)tUltry hD,S had
by the l.\lmighty to spread OY8r the whole 8ltl-th, and b;tt forty years stnrt, yet it h(l..'3 already c~t the Gov-
th.'\t the only tn18 Govt'r11ment, t\ud that to which crmnent millions. and the e1l(l is yet 1'1:J11tbte, l)I"Ol1fpt
thoy.o,101W owe alh'girmctl, is tha Government of the energetic aotion now {l~l the pi\.rt of ~he Cannflw,ll
ChUl'Gh. 'fhe Church system is the mogt (wbitn\l'v, GO\'61'Uml'ut would he au act of "'lSe fOl·f'-Slgh,t ..
{lxactbwamI tymlmicrd of nny Sygt.flUl I ever he~\l'dof Should the time come wlwn t.he 1Ior1l1011lltlople ~n
mnong J';\1gliHh-$p{~nki~lg l)eople. Thesystom waH the the C€luurlirm N orth_\\rel:it will become. n power m
cre;.1,tion of I~ few cllllnmg Yankee'_':, and I C<1.n now elec~iollf!, rely on it that the party who WIll pauder to
ulltlerst~md why they $0 zel',]ollsly SOtlgllt for COllv",rt!i tlleirintcl<'st.s '''i.n
get them. '
nmong the ignol'Uttt ll1MBe8 of \Ville~ and tho North
of Europe hUlt·(.'nd of the populous sectiollS of Amel'ien.. I hope the R0l..1Se will excuse- me f01'
No peoplo of medium iutelligence could be bronght to l'eading that letter, but it was so much to
-submit to the kind of rule which MOl'lIIonimn impose.,>
all its lutll{'l'ont-B. nIormon. . do Hot go to law with el\(!h the voint and so interesting that the oXC~lse
o~hel' ill tho ordinary sen:;e. The bil:ihop~ 01' h(','\d5 of will be readily /l:mntc(1. With fact~ 11ko
atatcg hold com:t.'> C/\lled "hiBlI0ps' cotn'ts" w11(>1'o nll those bofore the IIouse han. membol's wIll
mattm~ in c1i>1pi,te are settled. l
thoy hrw(l no polit.ics, but vote as dil'f'Oted by some be clispof)oLl to tako the "iew iJ~dicn~ed by
As already st-::okrl,
one WhOi;O authodty in th.,tt re;:;pect nIl recomli:w. the hon. u(m\.loman f"0111 "Vl0tO.l'Ja. and
Polygamy il; Hot alone the objection to the !\:[(~'1H()n mttko One
.sYSW.IIl. ]<;very Mormon imagilH':'; hiu1l:!p.H, ot'ifl bml.rllt
or two mncnc.lmonts iu this Bil1.
to 001i~VH !lilm;elf a lTIlwtyr, Hnd that the clay of hi;; _... .
em(tnmpntlOll w111 come when thl'! Church tl'imnpll~ }lON. AfR. hAUIJ13ACH-Does tho Bdl

III filH', tho Hy!:lteTIl 1:3 utterly ahen rmd auta<Yoiu!>bc I .

.nnd,takl'..'l tho vlace,of ull o~her S"oY"'l'lIment flJ"/3t{:rU~, I l}]'Ol)O''';c to hllve n. l'E)tl'OfLOtiVC effeot on
to allY sYHk'lfl of eulif!;Mened freego'lemment '; IH'uce thoso who hn.ve ulreurly omno. Ill. 0' ·10
t tl .
the ~xtrll~Jl'(lillrt.l1' means being ~l'~ort~.d to hy Con- (~01mtl'YJ belioving that thCl'o IS 110 law
gt'eb'S !~1l(1 UIl' Governmen.t to n!l1nh~late the lmll(l,tu- hOl'e flpainst J) lut'fllitv of 'wives ? I am very
ral f>ltd Htmnge rnonHt.el'. It 1:'l a strfLnge SjJcct.nclfli ~ J 1.' •
indel!tl n.t the end of the. ninoteenth centm'Y that the glad thnt the 8th clause hHs ueen mtro-
GoVet'ltl!ll~lIt of f~ee ~eli~t\, in order to check 01' clnced into thb Bi.ll, I remembor huvinp:
S,IPP1:t>;<S ),IOl:tllfJU1R1:n, finds 1t nl?ce."':;a1'Y to l'e..,:ort ~o called tho att.ention of the Minister of
tIm dlHfrnnchlBell!pnt of 11, peop1e wlH)$je only crmw I S . . . ' r)· 1 I
~dherellC{\ to tl, fmth tllt'y 11[we beon taughtrmrl which J L1Sbco to thiS offence) ca:o:;08 of "\\ no 1
llla prudnch of theil' own country. had fOllnd in'my own ]Jl'flctice and no lnw
"Tim ]'~dlll.~md~ !Jaw l~lt3llot ~y r.nJ: J1lU(>HS been n. could be found ngn.inst it. It ~1.pponred to
dead let.b.n·. J1Jvel'Y court IS occupled w,th c['~"es nnnl'l" 1·· 1. h· . tl ,t R ,1 nn
the .Act, and the capacity of the penitentim"}' j8 tn.xed me to )0 n Rl11gn f1.1 t lUg lU '. ne 1
to lnil.ko room fOt'tho nuw conyictidlls. It i:'l ouly, offeuco shou lc.l be in 'oxistence 80 long
hom. :, in tOWl\i; ,md citips that po}vgami..'Its ~1n be without fmy Imv all tho subject.
mn
,cu1.1ght, mal OYBn then only by the SbU11) exercL....O of •
tho ddcetin:s l"1l't.. Awn.y out m the be-autiful Y<tlleys M
of Utah, lUlIong to\\'(:'ringlnounhlin!) through which lION. Muo, MACDONAIJD- '01'n-:0 118
~hu va.llt')'>! can only be l'eached by certai.n pn,",>,;e.~, me who come into this countl'V Ilncl contmue
.~,C;.~tte\"e(ll\lm:o thnll two ltnudrt'c\ thouStlnd ~rorlllollf; to li\..o as :Jlol'mons and nrc· convioted of
~\,l1lg ()xdu.'1l ..... ely by tlu:mHelYes, alld who hn.w hut ". ) • '
h.Ulu tlrultd of .tlt", Edmonds IJfiw. The (letectin,\ the pl'actIce a~'e pumshecl ac(!01'd1l1gly,
Yionhl hu Cllh) mder;d, f1.11(1 coumgeous too, who will .
lnake any hl'ftdway in lll"ealdllg up poIY~'l.ll\Y in tho"e HON ~rR ABBOTT-My han friond
remote mtd ~H'clurled \'aUeys. If one h(1he\'e.~ :;)IorU1on ..... ~ '.
new;:;rl;\IM·';. nnd th(,se who. sV~n.k for that llcople, wIll see that sectIOn 5 prOVIde::; as 0 Ows , -
.'" fI il .
.polygmny 1>1 liD .longer p1·ach~ed. No G('lltile in "._ , . ' ,' .. p
U~n.l,l h,l.~ any faith in such fltatmncmt.,;, and if rour D•• J'J\'O:~ 111111e pel'~on who, \n )1ubhc ()~ Inl\ at.,
1hllll>'h'1' of tho IlItl'l'iol" Wel"(~ here fOl' a gllOl-t t.iml.', COUlIl1ltS, 01' lS a pnrty to a ctllmnl.':-~lC?ll of, ot pt"OCUl"€'S
he \\'\ll1ltl h';wn smnt-thing of the \'altte of tllt"' worrl Qt' 01' attenL\ltB to proeme the c()nllmS~ltll\ by all)' mn.l~
~v(,l1 thp. oath of {\, :\IOl'lUOll in math'l"13 of this kind. I pe1'5ml of, any· net of. gross indecellcy wI.th. ~nlntl1l:'t
h Do not lie to htoh other l1ot' che:.1.t ea(:h other' but I' male peri\on, is guilty of n mi"de1neanor fmd hable to
]oId YOpl' own wit.h Gentiles rmywLl"y you Call I \\Tlt.$ fixe yem~J ilUpri~olln'tellt, fHlcl to bo whillped."
~ Ie t!-dnel' of B1'ighluu Yomto' )'ein'S tVrO, which ~(l\'ice
IS [;uthftll1y adhered to. <:> <>
! , It ~eems to 1ne that tha t covor~ teo ence
h ft·
of eltl~.t1l,mllK llll\ko bu~ little ~ffol't.s in the di.'"Bctiou my hon. friend hus Teferred to. Of conr.so
In "" :.:c,\t.\on:-I mean 1U .the \\'ay~ of ednCil,tmg the the Bill i ~ not directed ngnillBt any pal'tlc~
<\l! •. c:;. It 1H true that 111 town D I1re to be found .:5 • <. ,
~%~cah:ll" \\'('11 trained-men, but .th€!y [I,l'C the parti~_'> llla.r rehglOll or se?t .or ~Iot'l1l0n 1~01 e
d~' vtofit by the sYiltem. and It 1" fitr hom then' thnn anybody else' It 1S dll'ented agn.lt1st
~';!l'e to t'1:1ncnte the lllus.ses. 1 '. t· I ' t" }Lormons nre
. lot'liet"\'C whnt hll8 tnkellll1n-ce ill the Pnl'lial11t'ut po ygamls S. n so 8.1 a.s -
at Ottaw(1, in relation to the ~I01'lUOUS of the XOl'th-! polygamists of course it attache:) to them.
586 North-West [SENATE] Amendment Bill.
I have heard with a great denl of interest
and pleasure the letter which the bon. gen-
tleman from Halifax llas 1'ea(1. May I ask
my han. friend whel'€} it comBS fl'om?
HON. MR. POWEP~It comes from Salt
Lake Oity, Utah.
The motion ,YM agreed ,to l and the Bill
I'ead the 8econd time.
THIRD READING.
Bill (103) "An ActflU'the1' to amenel the
Oanada Teml)erclllCe Act.)) (Mr. ])ickey.)
BILL INTRODUOED.
Bill (134) "An Act resJlecting Fishing
Vessels of the United Statos of Amel'iea. J )
(Mr. Abbott.)
The Senu,ts adjoul'ned at 4p.m.
THE SENATE.
Ottawa, Monday, April 28th, 1890.
TUE SPEAKER took the Chair at 3
olclock.
Prayers and I'outine l)l'oceedings.
NORTH-WEST TERRITORIES 13ILL.
IN CO:MhlIT'£EE.
The Ol'clor of the Day having been
call eel,
Comlllitt.ee of the whole House on (Bill V) An Ac\;
to amend the Act~ l'(;})pecting tho l\ol.'th-Wei>t Terri-
tories.
HON. ilm. ABBOTT· moved tlu,~ the
Speaker do now leave tho Ohair.
Ho". Jllli. BIH,LEROSE-I hnve not
occnpied the time of the HOllse very
much during this session, but on this
important question it is my duty' to
slJeak at S0111e length, and I am ready
to do so in English if the House will
allow me to use my notes freQly. The
J3iH now under consideru.iion is one of
gl'en,t impul'tanc§l. It does not deal with
. ono subject alone, but contains no less than
five, onch oftheu"l deser-dng due considel'a.~
tion .. - It is not my intention to discuss at
this moment nIl those pl'ovisions! to which
I ~ee yel;y few objections. I will ·confine
my l'emar k8 to the last but nQt t11e least
fentul'G ofthif~ l)toject, that which clenh:.
lvith the French language in the N orth-
\Yest Territories, n. subject to which I
am bound to give my, attention and which
tlGlnands that w~ should use fiB const.ihl_
.tiol1nl- means to have it settled eqni~nbly
and in such a way llS to bring about peace
and harmony amongst the 1)00p1e of this
Dominion. .
This question of the French' language
has ovel' and over again been discus!:iecl ill
and outsiele Parliament anel in tho ;press
yet, it is always a mattor of surprll'le t~
me to witness the dotermination of a Cel'taill
cluss of OUl' people to reject the use and
eVen the toachingofFrench. Its adverl"lal'ies
malmuseofargnment-8 which,Iadmit, hu,va
some weight when they Rl'e made use of
against all othal" lunguagos, but against
Fl'UllCh they nre weak not to say of
j
no vnluo. Those people seem tD forget
tbat unlike every othel' language whioh is
used only in the country ,vhence it comes,
FJ.'ench is universal; it is called the-
language ofConrts. I need not repeat here
what I oaicls01l1o few days ngo (on tho 27th
ultimo), thnt this country was 11'1'enoh from
its VOl';), beginning, and that the fa0t thnt
the indi.ffer01100 of Frnu00 . had 0unsod its
slll'render to JTIngiand could not change-
this fact, espeoially \"hen H solemn troaty .
between these two great .countries had
l'oeognized amongst many athol' pl'ivilege.q
that of aFrenchnat.ionality. I am at a loss.
to unclel'strlllc1 how it is that in e"o~'y l)f\.l't
of the world Frenoh h spoken nnd tangbt, .
-even in England-while here in Oannellt
some of au!' Eng1is.h-spcnldng men \-vho
claim the British Isles to be their mother
land, will agitate and do their .best to
deprivo th is co un try of th e use of the Fran eh
language. Al'e people less intelligent
[tbroad than they are here, or is the1'e le~s
fanaticism on the athOl' side of the Atlanbe
than here? I vlillnotundel'take to decide
But the fact i~ there, anclfuctS!H'GS tubborn
things,
It is not necessary that I should go over
the whole worlcl and name n number of
countl'ies whore a mixed popnln.tion,
spen,king each its own mother tongue, eX·
ists, living together in peace and hnl'mo.ny
with each other. 'Vhat d.ifference, theD ,
ca.n it be to QUI'coUlmunitywhether }~cn~h
is an offi?ial· language, \vhether It IS
 648 ari",inal Law [SENATE] Amendment Bill.

'Ve must either give UI) the collection of\ poses to amend) I do not Bee that there i:)
the revenue altogether, 01' use the -means IHny pennlty contained in it. Now) clenl'ly

it. .
I
which are rGcossal'Y to ennble us to collect the f~LCt that the escaped pl'iSlJller is not
caught before the expiration of his terlll
. ~ON .. MR. H.O\VLAN-r think this pro-IIShOlllL~ not relieve him from IHmishmel1t.
~'lSlon IS. mu{lc fo,l' the purpose of pl'even- HON. 11R, SCOrrT-It becoInes a new
lllg the nnpol'tittlon of tobacco fl'om the crime.
French island of EJt. Pione Miquelon.!. . .
There is a good cleal of tobacco Bllluo'uled
I HON. MR. ABBOTT-The VIew thnt the
into the countl'y from that 1sb,nel l anl~rthe han. gentleman f),om Halifax presents did
boxes are tn.ken there filled and bl'oncrht not occur to me, fmel I am unu,ble n.t the
back. ) b moment to give him any anSWer to it. If"
R M DIOrE"-If th t b th . _ the Hous~ will allow the cluuse to .inud I
.ON. R. \...L a e e l ? wllllook Into It. .
tentlOn of the law, why not make It
applicable tu dealers only? . RON. MR. SCOTT-I am quite sntisfied
Tbe motion was ngrced to Hnd the Rill that ,that, point ha.t) n~t ~een overlook?cl in
was I'end tbe third time and passed. the fl'~mll1g _of the cl'lillmalla-w, It lS an
. old offence, and thel'o must be some prQ..
THIRD READIXG. vision for it.
Bill (130) "An Act to amend th'e Tnter- HON. MR. PO WER-There is n pro-
. pretation Act." (Mr. Abbott.) vision as to escapes from penitentiaries,
but I do no_t think there ie filly l)l'oYi:;ion
ORIlYUNAL LAW AMEXD~\IE:NT BILL. with respect to escapes from reforma·
IN COi'lIMI'I'l'EE.
tories.
. The House r6So1 ved itl:iolfin to Oommittee The olause was allowed to stand .
of the Whole on Bill (65) "An Aot further On seotions 3 auel5,-
to amend the Oriminal Law."
RON. MR. ABBOTT~SectionB. 3 and 5
On tho 1st cianse,-' of the existing Act refeT to tbe kco~).
HON. MR. ABBOTT-At an early period ing of a disol'Gerly house, and the linn~
of the Sest;ion a Bill was introduced in the to the age, There al'e two cln.88es of
HOllse for the PUl'pose of mnking-})rovision offences (Heated by tbol:le sections. Ono
for escaves from industl inl schools and is the keeping ofa disorderly honso, whore
refol'matol'ies, That 13iU was withchuWll .the prostitution of a child under ihe ago
i11 consequence of corre~pondcnce going on of 12 is committed. That is punished morc
between the Governmcnt at OltaWi\ and severely, of 00111'ti6, than the prostitution'
the Govel'nment of Onhu:io on that subject, of a girl of mol'C ad va,need age. The ob·
and finally olauses were agl'eed upon whi.ch ject of this cla1.1s6, as it stands in the Bill,
are embodied in this section of the Bill. is to increase the age during which the
MoJerate l"emeJies and moderato punish- most severe punishment is admi.nis~ol'cd
ments are provided for el:icapes) which con- fl'OlTI- 12 t.o 13. 1J.1her~ h,ave been many
stitute all extension of existing provil:ri.ons repl'esentattons made to t\:ie Gove!'pme~t
to cases to which they did not ~el'etofoJ'e desiring the inol'ense of this age to fL still
apply. greatel' age .. I think the l'epl'esentati?ns:
made would tend to make it apply to gIrlS
HON. MR. POWER-I obsel've that it under the ao-e b '
of 16 but the GovernmentJ
makes pl'ovision only fol' cases where the have fot;Ind jt impossible to COllsenttOSlHll
o~ender is apprehended befol'e the expira~ an altel'ation as thnt. '11he age is too gl'eat)
tion of bis term of' impl'isonment. Sup- 'considering the position that gids occupy
posi.ng the offendel' is not apprehended in this countl'yas to the age of puberty..
until after the expiration of the term-that Thirteen appears to be sap.<~tioned by uSllgo
b~ escapes detection for some months, (md in England and everywhere else) and tho
during that time hi!:! tel'm ofimpl'isonment Gm'el'nmentadopted the English rulewhe~
expires, under this Bill there is no puniSh-, this amending BiU was framed. In derOl ...-
ment for the escape. I190ldng hurriedly ence however, to the feeling that has ~k:·
thJ:ough the chapter which this Bill pro- expl;essed on this subject, I am indue .
 Oriminal Law [APRIL.30, 1890.] Amendment Bill. 649

a~k the Haus,a to incl'ease the ,age t~ 14, so gil'ls employed in factories are employed
that the pUl1lshment wi'll be C01'1'e..Q,poncl- in large numbers-25 J 50 Or 100-to go
ingly severe if tho offence is committed ill to wod{ at the salne hcm!' and leave at
respect of girls under that age. the 8tl:me honl', and who are undo I'
The amendment wa,') ag!'oeel to. one anothc!.ls eye, and it l'ea.lly seems to
me that the fa0i1ities . fo1' leading utltray
On clause 4,- girls employed in that w~~y are much less
HON. MR. ABBOTT-OJause 4 has at- than those which exi"t in the case of othel'
tracted a good deal of attention a.nd com~ cla..::ses of girls. Domestio sel'vantSI {
ment, and the "age doeti seorn to me to think, are in n, much more dnngol'otls
be unl'easonably gl'e~l,t. ] do not myself position th~tn ractory gil'ls, 1Iy impl'es~
concur in ~he theory that women l'equire sion is that as the Bill was originally
this kind of protecdon up to the no-e of' introduced into the Oommon!) by the
t"9irty j at the same time, 1 feelsome hesi- Govel'nment, the woeding of this pn.rticu-
tation in moving that it be changed) since iar clause was dift'el'ent from whnt it is now,
the Govel'nment consented, I understand This WM the Iangunge of the Bill HS 1n-
in .another place, to limit the age to thirty: traduced by the Govcl'lJnlGnt in the Rouse
1,ly own impression would be that twenty- of Commons, and I think it is bettel" than
one is quite old enough, and if the 8uO"ges- the language of the Bill as it now stands,
tion wel'e made by any hon, memb€ll' I and I would be disposed to l'einstate the
would be glad to adopt It, previous worlling instead of tbe wOl'ding
-we have now. The wOJ'ding in the Bill
llON •.. MR. POWER-.r took the liberty as originally introuucecl is: "who has in
of n~akJ11g the 8~~gestlOn On the secolld his emplo,Yment) 01' who being in n. Com~
roachng of the BIll, that ~he ch~ll1g'e the lUOll employment with him in l'eflpect of
hon, gent.lclllnn h~,; mentlOneu sb,ould be her employment. aI' wOl'kunde1', or in any
m~de, I do not WIsh ~~ do anytlun~ that way i:iubject to his c~mtrol 01' ])l'otection,lI
mIght embarl'a~s the Go'Vel'nment 111 an- I do not f.:eo 'Nhy the -ptll'ticulal' .class of
athol' place j stIll, I shall Ycnture to ,move I girt.; indicated by this clau8e should be
that t~e w,ords twen~y-one be substItuted singled ont fbI'· special protection, and ,I
f01' thIrty 111 the scatlOn, think -that ·we ought to go back to the
lION, -MR, DICKEY-I would sl1,ggest ol'~ginal,woJ'cling of the Bill. It has bee.ll
that if this ]ll'otection wel'e given to girh s~Id" I undeJ't:ihmd) as a l'et~son for tIllS
while in their tecns it would be sufficient. clIstlllct·on 1 that the tl'a,dc Ull'on::; ~sk that
the law be mnde apphcable to gll'Is em-
I].'he amendment was agreed to', played 111 fnctol'ies, There is no objectioll
lION, J.\IR, PO'VER-Thel'e i:'3 allo(he!' to that, but no satisfuctory renson il:l given
l)ortiou of the clause which I'tl'iket3 me U~ why it should lll\t extend to other girls
being rntbot unre!lsonnble und unf<lrr, and who al'e in the employ orothet' persons as
it should either not apllBl.1.l' here 01' it should well os to fuctol'Y' girls.
have" widel' application than it has. The l·T " ])ICKE1" I I . I
clause rends ns follows; ::LON, ~uR, . - (0 ll~t. exaC,t y
. ! see the l)ropl'lety of the sUO'O'estlOll toat
, ,H :l l',\'el'Y
, , ' .
O:le wh,o, be~lIg gllarchan, ~~duct·,<: ot' IUt'!l
[l, ~ ',' , °hb fi. 1
tlhClt c.~mlwctlC:ll,W,lth In;; W'~l,~'d, m,ld (WUl'Y oue who I?IY han, fl }(Iud has made-In t e 1St 1) acE',
8~dUC~'f;'()1' l~tt..'I IlliCit conn!-;ctWll With any WOlllan 01' I for the l'aUSon that he has refel'l'od Uti to
, gu'l qf pl'enotwlr Ch~U3!{) c.:l!lU'nCWl' and lIu~l!:'l' the ng(;' I' the Bill as it was ol'i(rinnll,;' intl'oduced
of,t.hu,ty :n'f\l',~ who 113 IU hlti bUll,loj'IUt'ltt 1Il n factory, , '~, ,J • .'
mIll ot' W(;rlvillOP, 01' who, hoing i.1I n. common ('mploy+ l and we nOw have the .tltll 111 the forlU It
I
i~~P~I~, \\'i~h hilll~ ,in ~tlch,fn.ct.orr',ll~il~ ~~' wOl:k:::ho~I, ~~, is b~fore us, aftel' the other, bnUlch of the
,-~ :;pt'(:t of h{:t eltlplc)) nlt:,n~ or \\ otl. . l1ll:luc: h f'\lJtOl~, i LeU'lslntuJ'O has l)ns~ed llJ)On It- and the sug-
11l1l1 Ol' wOl'klho)JI timler, 01' tn any \\'lw:mb]t'C't to 1\l~: v, • 1
~t\t1'(11 ot' (lh1:>ctlOll, iK ~>11ilty of a llli.'::.dE'ut<'!UIOl' 'and! ge~tlOnthntweshonldl'emtroducetboclQnso
hll.lJle t.u two real'S' impt'lsomnent," I flS it cxh,ted in the fir:5t instance looks very
The n~tenltion in the age makes this cirwse !like t1n invitation to get up it difl'ol'ence of
1l1llch le:38 objectiollable than it W11S, bllt I Iopinion on the l)oi nt which might endanger
do not see why this speCial protection is: the Bill itself Then there is another
thl'Qwn around factory gi1'h and not given! 1;oa80n: If it is made as extensive as my
to oth~r girls who firc in })o"itions :vhere Ihan, fliend snggests, t~lere ~I'~ l'easons a1)~
th~I'e 18 mllch m?re danger than 111 ~he 'I parent on the fac~ of It -wl~y ,It shOtl,ld not,
eUt50 of fnctory gll'Is, As a general tlHng be done, If, for Instance, 1:; IS apphecl to
 650 Oriminal Law [SENATE] Amendment Bill.

pel'sons in tlomestic s"el'viee it will put! the clnnse it; the language used in tho
every pel'son \vho has a girl in his emploY-j English law.
rnen t under hel' influenoe for the purpose I . T ','
of blackmail, and I do not Hae that is t1. RON,. MR, P~}\' ~R-Tbel'e 18 no such
leind oflegislution \yeal'~c~llecl upon to pass. [ clau::;e III the EnglIsh Act, .
. Wh~n the matter wus (hscus~ed the con-I RON. MR. ABBOTT-oIy hon. friend
?lUSlOll a,l'l'lved at by ,all pm'tles \\Tas that 'will find in the cases a description of the
111 factorIes, factory glTl~, .BO to speak, are offence.
much mo!'c under the lnfluence of their
masters than they are in domestic life; HON. MR. SCOTT-I -do not see any
where they bu,ve the pl'otection of their necessity for it heI'e. Ample pl'ovision IS
mistl'esses, so.that I do not think the sng- made fIJI' it in the cl'iminal ltnv. Tho
gestion of the han. gentleman should com- same ,vords nre used.
llt111cl itself to the Ronse of the committee,
HON. MR. KAULBAOR-lt should 110t
RON. MR. SANFORD-I cannot see that be left to the mn,gistrate to say whethet' a
thel'e is any occa..sion fol' speciallegislatiqn child has come to the age of discretion to
to pl'otect the factory girls. As an em- know how to candllct bimselfin the street,
ployer of labor, and offnctol'Y gil'ls, dlU'i11g
a period of 26 years, 1 cannot recall a RON. MR. DRUMMOND-I really think
single installce ofl)l'Ostitution or sed nction, the clause should be considered, fOl' a mnn
and I nannot see at all the necessity for might be put in a ve!'y compromising po·
special legislation ofthis kino. It looks sition by SOllie ignorant policemun chal'g~
to me to be opening tbe dool' fol' black- iug him with this offence, when he had
mailing, and perhaps taking the aclvantage no intention whatever to commit a breach
of the employer mthel' than of the e111- of the law.
llloye. RON. MR. SOOTT-The language of tbe
The clause was agl'eed to. la·w atpl'BSent is in no way different, emf!
there is really no necessity for a. change..
On clause 6,
liON. MR. ABBO'l'T-I will ask ths
RON. MR. POWER-With )'espect to
clause 6, I think it is capable of being committee to allow the clause to stand,
abused, unles15 there is some definition of and I l:!hall se~ if there is anything in the
the term indecent eXpOSlll'e. If any han. objection.
gentlemen reads clallse 6 he will see that a On the 11th cl"u8e,-
pel'son who may be perfe,jtly innocent of RON. MR. MAODONALD (B.O.) "sked
Hny improper motive might be nlacle sub· if it wa,') intended to make .provision fol'
jeot to the penalties impo~ecl by this cluuse. disq ualifying persons convicted of polyga-
RON. MR. REESOR-Leave that to the my from voting or set'ving 011 a, jury,
discretion of the ma.gistrate. RON.·1iR. ABBOTT-We couldnotvelJ'
HON. MR. PO\VER-I think thel'o well make such a pl'ovision in this Bill,
shonld be some defi.nition of the offence) inru:;much as that is a, question ·of the fl'an~
so as to exclude au innocent pel'son, . chi-de. But a dh,quulificntion for urime does
not exist in the l-i'ranchise In.w of tho
HaN. MR. KAULBAOH-I think the COUl~tl'y.
age of ~he person should be pTovided for
in this case. Ohildren might. expose them- RON. MR. MAODONALD (B.O.)-Whao
selve::> in that wayan the streets, and they about serving on jUl'io:j ?
should not be subject to the penalty pro- RON. MR. ABBOTT-Of course, we
vided by this lttw. There should be some should have to put that in the jur)' law. I
I'estrietion. took my hall. friend's question t.o applj~ to
RON. MR. ABBOTT-I never heard of the franchise, and that would be estnblml~~
any accidental exposul'e by a child of ing a precedentfol' the fil'st time ofdiSCJuah~
tender yeRI'R being considel'ed an indecent fyiug fot' a conviotioil. Of course the,l'o
exposure, al1d I do not think that under could be no ffii\.chinel'Y discovered fol'
the interpretation of thl::; clause any magis~ B.:;cel'tainillu· a manls religiOUS belief or
tl'ate would 80 apply it. The language of seot before l)utting him ori: tho list. rrhe
 a,.iminal Law [APRIL 30, 1890.J Amendment Bill. 651

only disqualification that could be enacted
would del)ond upon lot conviction. Having
been convictcd of l)olygamy, it would be.
possible in the Ii'ranchise law to disqualify
a person so convicted from exei'eising the
rights of it citizen, but a man who commits
murder is not disqualified feom voting
after he submits to his punishment, and
it would be a Ilew principle to intra·
dnco in the criminal l!nv to suporadd
to his punishment disfrauchisement.,
fl'om "Working, and it is to make it j)lain
that they h>tve this right that this cause
is amended?
liON. MR.· DEBOUORERVILLE-I
would like to call nttention to what seems
to be an anomaly in the law. A threat by
letter to burn OJ' destroy is punishable; jf
the threat is by wOl'd I do not see that
unclel' the law it. can be punh;hed. Should
not that be remedied.

HON. ~fu. MAODONALD (B. 0.)-11. RON. :NIR. ABBOTT-My han. friend
mall cOllvicted of lllluder could not very will perceive that there may be thl'eats
well vote if he was hanged. unclel' section 2 of the Bill which a.re rLOt in
writing.
liON. MR. ABBOTT-Men convicted of liON. MR. DEBOUOliERVILLF~It haR
the most s61'iolltl and l'6volting crimes happened in my experience that u. perRon
sometimeB ~scape capital punishment. I thl'eatehed to burn my house or baJ'D, and
mention the case of murder to show that I did not know how to get hole\ of' him.
the rO-ost infamolls crimes have not hithe[·to
entailed disfl'anchisement,oxcept while the lION.MR.ABBOTT-The lawis vel'y long
offender is suffel'ing his punishment. So and somewhat complicated, and I ca.nnot
that my colleagues did not see theil' wny detain tbe lIou8e at thb moment to see
to embodying that aB one of the disqu~ili~ how fm' I could cover the· case ,vhich t.he
ficatiol1s in the fhlllchise law. hon. gentleman desires to meet; but I
suppose that n pel'son who threatens ano~
lio". ltfR. MAODONAI1D (13, 0.)- ther with violence is liable to action for
Then with regard to juries? breach of the peace.
Ho". MR, ABBOTT-I did not en 'luiI''' lION. MR,ICAULBAOR-O,' to find bail
into th"t, but I take it that that would for good bellavio,·.
come (undel' the p,'OVi-;iOll8: of the NOl'th~
. \Ve~t Tel!i'itol'ies "BiH which we al'e about liON. i\fR. ABBOTT-I think my hon.
to 1'"88) within the jul'isdiction of the Local friend will find the ol'dinary police jaw on
Legh:ilatul'B. . the subject is sufficien~, but I shaH look
HON. MR. LOUGHEED - But this into it.
Parliament reserves to itself the 1)OW6l' of The clause was agreed· to.
l'egulating·juries with reference to ct'itni~
nal cases. On section 31,-
RON. MR. ABBOTT-Then it would liON. MR. ABBOTT~This is a clause to
come properly under this Bill. ThOle fa a make it clenr tha.t a prisoner sentenced
dh'qualifi<mtion J I presume, in the ~nact­ for any time by COUl't martial' may be
mellt with rogard to juries. If there is impl'h;oned for a time.iuthe penitentiary
a disqualification for crime, })olygamy 01' in the common gaol. Somc-judge':) of
might be included in the li8t of offences. the courts seem to have H. doubt about
that, and this i:-:; to make it clear that they
The clause was adopted. havo the. right };o to sentence.
On clause 18,- RON. "lR. POWER-I do not suppose
HON. :AIn. ABBOTT-This clause, in
that any difficulty will arise about it, but
l'eality, is intended ·only for one purpose. at Halifax thero al'e military or naval
Dndel' the law ns it stood it was question- prisons, and under this cla11se it is pos-
able whethel' workmen W8t'e not indictable Bible that in order to ~l\~oid expense the
fOt, ?onslJirtng not to woek, and it is not
milital'Y authorities might Hentence their
tbe ll1lcution of the law to :punish them l)l'isoners to the penitenthll'Y, instead of
for acting jn concel,tin refUSIng to work, sending them ~o the military prisons.
So long as they do not impede other people The clause WflS agreed to.
 652 Oriminal Law [SENNER] Amendment Bill.

On clause 37,- Catholic, and that boy, ngninst the "will of

HaN. llR. O'DONOHOE asked-If the his Protestant l)[L!'ents) is apprenticod to a
municipality refuses to 1Jfty, what becomes Roman Oatholic tnl'mel' in the neighl)ol'_
.of the boy? hood; I think thel'e should be some regnl'tl
for the feelings of the parents. The 1Jnl'ents
Hox.MR. ABBOTT-Then thepl'ivilege may p1'efe1' 'to have the boy left in the
given by this Aet is not enjoyed. The reformatory rather than hnvo him lJOund
magi~trHte will haveto send the boy to an out to n person ofa diffel'ent creed. Thel'e
ordinury gaol. These industrial schools is some qnestion whether thn.t unlinlited
are supported by; local funds, I })l'esume. power should be given to the Attorney.
That is the I'eason why their use has hith- G-eneral.
erto been for the eity of Halifax !tione,
and not for the Province. It is necessary HON. "MR. GIRARD-"\Vould it not bo
that the legislation in Nova Scotia should better in such a case that the pHl'ents
be verified before thisgoos into force, The should give their aBsent? Othel'wil:'e, r
legi:>itttion J I under8t~nd, has been pa.ssed, think it would be better for the boy that
but it haB not yet been communic~l.ted to he should romain In the l'cfOl'lnu.tol'Y.
m~J and we desire to see it before we put
this in .fo1'co. . Hoo<. MR. POWER-I think it shOUld
be qualified by ~aying: ""\Vith the uSt\cnt
The clause was adopted. of the parent or guardian."
On the 39th clause,~ HON.:ili.!c. ABBOTT-A pal'ent 01' guurd-
lION. MR, ABBOTT said: I 1Jropose to ian for the time beIng) hns ceased to have
a.dJ. nome further clauses to the Bill, also control of him. If. is not, by the way, tho
with reference to 1Irmitoba, and with Attol'ney~Gen!'lral who binds out the IJOYi
l'efel'ence to this snme refol'mntory. They it is the superintendent of the institution)
are 6imihu' to, only expanding, tho~e which with the assent of the Attorney-GeneJ'al.
appear in tlu'\ BilL They are as follows;- It seems to me n, pity to intl'odnce roti.
"sn, If any respeomule and tl'ustwOl,thy Pllrson is gion into this question.
willing to undertake the chal'g(;<of ally-boycommittoo
t.o the Manitoba Refol'lIlntol'Y for J3oys, when such IIoN,1IR. PO"\VER-Religion will get in)
boy is ovor the u,.... e of tweh'e yt'flI'S, or flli em aTJp1'8n- 1 t ' d £ .t
tice to the trade 01' calling of snch lXll'fiOIl, or fOl'the anc we mus Pl'OVl e OJ' 1 .
purpose of domelltic service, and such boy is confined
to the l'efonnatory by virtuo of a senhmce or order HaN. $ , ABBOTT-The position is,
j,ronmmced unclel' the authol'itj' of any Act of the that a bov- 1I'1.liltv of an offence is impI'is-
'ParIin,ment of Cn,unda, the HnpBrilltendent of the ,) b J I
reformatory mo,y, with the consent of the Attorney- oned under the law, and maintained at t 16
Genel'lll of Manitoba, bind the said boy to such pernOll. expense of the country. The superintend.
for any time not to extenj, without his con:;cllt, ent,' who must be Sup]Josed to have some
beyond a term of five ye..'\l'B from tho commencement G I I
of his impl'llionment j and the Attol'1ley·Genel'al shall discretion and the Attorney- enel'a, W 10
thereupon order that sllch Loy slH111 be disctl,l'ged from must also 'be ·supposed to have 80me dis:
. thu fHid refol"ll1atol'Y on probation, to remain so .dis- cl'etion--
charged, provided his conduct during the residue of
the tr:lrm of five yeatS from the commencemt'llt of hi-;
imprisonment continues good; and such boy slmll be HON. MR. POWER-'l'hat is a rnthet'
dischal1l'ed ftccol'diugly, provided that any wages l'f:-
.served III any indenture 01' ftPl'renticeahip1l1Jlc1euncler violent supposition lin this case.
this section shnll be payahle to ~'l\lch boy. or to some
other perwn for his bem,fit, HaN. MR. ABBOTT-It is vcrypt'obnblc,
"2. No boy shull be dhicharg'ed under thiH flection one might suppose natul'al , ifth.e purents
until after the. fixed Wl'm of his sentence ha.'> elapsed,
unless by the rmtholity of the G.JVCl'1101' Oeneral." made any objection to n boy bell1.g bO~l1d
out to a IH1.rticulul' man that theIr obJe?-
Ho". MR. POWER-Do I understand tion would be re.'jpected. At all event':i, it
thaf the Attol'uey-C+eneral has the power ought not to be within thB pow~r of ptt,J'-
to bind out a bpy r . ents who _have brought up then boy 111
HON.MR.ABBOTT-Yes; to anYl'espect- such a way that ho commits crime, sa that
able, trllstworthy pertion who is willing to the Province has to maintain him, to pI'e·
undertake the care of the boy, vent the supel'intenc1ent binding him out
because they do not wish to let him go t.Q
HaN. MR. POWER-8u]lpose the boy is a pel'son whose form of 'iVOrShlp may not
n Pl'otestant, and the Attorney-Gene:\.'8.l 4 1)6 the same ns theirs. .
 Oriminal Law [APRIL 30, 1890,] Amtndment Bill.. G03

RON, MR, ICAULBAOR-The parents I

lIol<, MR, ABBOTT-I undet'st>md my
I
may have done everything f01' the boy, und hon. fl'ielld Js objection goes to the binding
yet may have had to seud him to " refor-I out of the boy at nil. I. it bette,' thut the
matol'Y. In that case I think the feeHngs boy should be kept among criminals, or
oftha parents should be consulted. I pre- I that· he should be put Ollt, as the Govern·
surne the apprenticeship is not to oxtend mont of Manitoba l'sqU9.'Jt, with respecta-
beyond the term of impl'isonment. ble ~tnd tI:llstworthy pet'80ns, outside of the
. . infiuences v;rhich must Slll'l'onnd the veJ'Y
. ~ON. MR, AB.BO~-I~.~18 expressly be8t industrial sc-hool? Everybody can-
hmlted to the term of ImpIHlOnment. fined illt-'ueh all institution must be moro 01'
HaN". :UR, MASSON~"\Vhon a boy is a 10::;s tainted with vice, or he would not be
ward of the Government he it\ placed in all thel'o; ~nd to Temovo. a bo,Y fl'om such
. institution whel'o thero m'o Pl'ote.')tant and a8S0(mtt~on and place J;11111 wlt1~ a J'especta-
Catholic chaplains, That is the proYision ble and, trnstworthy person, In. order ,to
that the Slnte makes for their moral tt'aio- \ ma,ke 111m n~eful.' and, to teach hUll ~a,blt.:)
ing. If you place them under a pel'son of of mdustl'Y, ,to grve hI~ a morn.l tntllung,
a diffel'ent denomination from tho parents 1 and enablo 111m to acq~ll'e any other kl'~ow­
I think you nrc going agniostthe intention ~edgo th~tt w.ould be hk~ly .to be t1cqul:'ed
of the Leo.islatul'e and <.lU"uiust the inten- I m n famIly, 1:-1 Rurely better than lenvmg
b b \ h' , ' 1
tion of the Govel'll1nent in appointing chnp· i 1m n1llong~t Cl'lnn11Cl, s.
lains to thoBe institutions, You are tnking I
lIo~. 1IR. PO"\VER-With respect to the
aw~y f:Oll~ the Cfli.lcl t?e very pI'otection ohjection of the hOll, gentleman, that thi::; is
wh1ch It :5 the mt.crl;tlO,n of the <;X0vorn-l a t>ngge~tion coming from the Government
I
men.~ to g:IVe by apPol,n tlllg chaplaulB) find of llh\ni to ba) it doar.; ll,ot, strike. me th.at
puttll;g the boy under the control of P01'- ,thel'e I~ any ~roatforce In It. TIns Pal'ha·
SOIlS 111 whom t.he parenti nmy havo no mont emwts cl'iminalluws and to s.n.y that
II j

confidence, because the ·MnnitobnGovet'nlllent has sent

H MR ABBOTT-I do t d '_ U8 n draft of a Bill, that'efore we ,honld not
ON" . TIO nn er [ It t' 'n't
sta1ld that we are l'oquil'ingthe child to be· mu,\8 any n el'a IOn \ 1 - - .
.placed undo I' a man ·of' a different donomi- RON, 1IR, ABBOTT-I nevel' su,ili that
nation fl'om his Own. we had. not tho right to altol' it,
HON, i\IR, MASSON-He may be, RnN, MR, POWBR-No; but the han,
R 11 A.BBOTT M h f,' I' gentleman used that aB an t11'gument why
, ON.· n, ~ y on. lle~lt. Ip I' we should not, 1).1here nrc 0, good many
hIS own stntement says that the ~hlld It! things which the Government Manitobtt
the wUl'.d of 11thet'Governmr-mt. The (Tovern-I'l h' 1 I,' t thOllle
of
I tl 'ho o'"ntlen1ull
t' f b' h' I d' t.o W lel uono 10 n'b'"
tmen IS t 01'tt h'e lme 'b'IS so .e '.guar lan,
f elOg 1· 1,VOU11(
be pt'epm' Ot.1 t 0 enc101'se 01' stal1d
.
by •
a pro?o un l'om elUg, llU}Jl'olJel' y 1 do no1.. think thntwe should stnnd. by this'
treated 1I1 any way, and I thmk we mo,y 'f 't . t f '
safely trust the superintendelltof theinsti- 1 I l~ no nIl'.
tutlon) '''ho has chargo of the boy's euu~.a~ I lIme MR, PERLEY~It is n Grit Gov-
tion and 111ot'al tl'aining, tlud the Atto:'ney-; el'nlllellt.
GenOl:nl, who is the supeTvi~or of the I IIoN.1IR. PO"\VER-Not all Grit Gov-
Sll~J~l'l!Jtendent) not to plll~e ihe bo.y w~lel e I eTnme1!t~'\ al'e good, I think we ought to
he Y> ,m nny danger of !)emg 1?1'o~.elr~lzed, (huve n little regal'd fOl' the boy',') parents,
ThIS IS the clause WhICh the Mnmtoba. I.NS the han. gcntle1111\l1 from Luuelluurg
Government roquest I1S to pnss, and I do: hus suggested' thoTe al'e c.t\l5CS "\vhero a boy
not Bee any l'OatiOll why we should not ~ mny c'o'mmit '~o"ll1e oOlnpfil'Htively tl'ivial
accede to that request. i otfence, and get inio tho I'cfOI'n;J.fLtory!
I .,.... . 1where his pnrentl:o have not been guilty of
I?~ :lIIR, hAU,LBA.~~-~he O~,le?~ of: any :;el'iotls neglect 01' actual mhc?l1,dnc.t
PUttu10 th? boy 111 tIn::. reformatol,f 1:; ~o, at all. Jnstfunt\y the feelings) we wlllsuy,
, llnpl'OY~ hIS, c?arautel', .n-nd that object IS! of It good Pl'e:::bjrtel'inn mother whose boy
lost entlrely 1f JOu F~lt lum.out to someone: has been uound ont to n Catholic furmer t
to get the. vuluo of Ilt~ sel'nces, regardle~~ \ . . , . '
of the obJect for wll1Ch he WtlS 111ncerl In, lIox, 3LR, ABBOT'I:-I do not behel e It
the refOl'llliltol'Y, I would do hhn uny hnrm.
 i
G5'! Criminal Law [SENATE] Amendment Bill. I
I
-------- -_...-, -- - -_.---_.-
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.. ... -.
~ ~---- - .---.
I
----,_ .. -- .. _-------
-.--.-~~~.~.-

.
,-- -
- .,
'I
Boo<. MR. POWER-In that )'espect I I whose only object will be to get as muoh 'I
am glad to Bay the hall. gentleman ngl'eeR \york out of him fl-~ p6ssible. \Ve, in !I
with Inc, but thnt doc$ not meet the at'gu~ IOnnada, nre ptlying for sC~:lOols all oval' 11
ment I,Vhat t~le h?n. gentl~mnn thinkill the, Dumiulon, fl.ml. why sho,?-ld we, fol' the
Hnd whlLt I thmk 1)) one thmg, but the sake of economy 111 the UlmntCl1ance of a Ii
con:-:cientious feeling of the parent is a.n~ refOl'llultory, scud n boy ont before he has II
11

other thing, and if there it) any place in acquit'ed Home knowledge which will fit
.the Dominion whCl'e those feeling::; :-:houhll him to make hi:;; way in the ,vorld? If a \'1
be respected it h, in this HOUti6. It i::; a'll bo)' is put in 'ut the n.gc of twelve oethh'· :i
YSi'Y ~il11ple thing to l'clluil'e that before a teen fol' some ott'enco-pe!'hap5 for being
boy it; bound ontfl'otn thsl'efol'mntory the nngovomnble, the l'efol'mntol'ris a t.rain·
I
c:ont:'cnt of the pal'snt 01' guardian of the ingl:-t'hool fol' him,al1d he receive~ an ednca_
childshonld he obt,ained. If the pl·oposed tion without endangering hi:3 reHgious
chnl1ge is in the inte.:'eBt (d' the child the stn:le, and hy the time he is font' or. five
val'ent 01' glIal'dian will naturally assent to! years in the institution it is probable that
It. Ifit is not in the intel'eBt at' the child, ) he will go ant into the worlel fit to take a
if it is a:.;aintit the religious convietion of respectable position, But if you send him
the p}~I'ent, then it should not be done. ' lout u..s n, little waif, without fmy education
do not sllpp0tie the hOIl. gentleman met1:t1:j at all, you lean;} him forayel' a waif. I
to sny that tho 1 eUgioul:! eonvictiono of the attribute tbe best intontionsto the framer
pat'ents t:ihonld llOt have Borne little re- of the Bill. I am only giving the House
spact., even from the Govomment of Muu- my impre&>ions on thi:; sllbjec~.
itoba, 1 believe that these little OQf.:'S require
to bo cftl'e:J for like all other childt'en, and
BON. MR. PROWSE--Tt appear" to me that they will be belter cared for in the
that it itl imp0tl,l:\iblo fol' thit; (Xovernment refol'mn.tul'Y than if they are fal'med ou.t.
01' any other Government to legislate for Some of the f!tl'TI1fll'l:i al'e, nO doubt, like
indiviuunl caseB. The b'ame 0 bjcc Lion might b:ome peoplo of nll other cht-sses, benevo-
be l'abed to nlmos~ any legh:lation th:~t lent, and may treat such a boy a~ one of
could, be proposed. Othel" denominations thoie own, hut I bnve nn doubt that others
might l'ftlse the ~ame objection j the boy are tYI'annicnl, and would fOl'ce a boy to
might have Methodist Va.l ent~, and the pa- work beyond hi::; sb'ength and'.l'uin him in
l'ents might 15uy: "We al'e not satisfied hi:> tendel' yen!'s. I do not believe in the
that <>UI" child .hould be npprenticed to system of f1tnning out those boys. I think
Hny body but a Methodist." it would be betto!' to impl'ove our .reform-
HON, 1iR. PO\VER-My suggestion is
atories nnd make them good training
to meet evel'Y dne of. those caeea, tichools. The pe-ople of thiti count.ry are
genero-usly and liberally sustaining these
HON. MR. PROWSE-The J"o'ponsibmcy inslitlltions, and'they will not gl'udgo the
of the snpel'intendent of the ref'ol'·mutol'Y cost of propel'ly mainta;ining thb Mani·
and of the Gov81'nment dues not eml when toba reformatory. li'OI' some time to come,
the boy goes out of the institution. The the population pf Manitoba will not bo
Gove1!nment iB. liable, and the superintend- large, and I think we can afford to oducate
ent is linble for the lllacing of that boy in and tl'ain the:;e boyti propel'l)", instead of
})I'opel' hands. In mOuny of those C[U:iBS the sending them out to work on farms.
boy'would be much bettCl' in the 1'efor-
BON. MR. PELLETIER-I should like
matol'Y tal' his full tel'm I'fithsl' than be to understand what advantage is to be
apprenticed out to certain indivjdutll~;, l5uch gained by thi:; legislation. ,\Vhen a pnl'ent-
individual::; !U:i his l)arents might have sends bit; child to H, l'eformatol'Y it iR with
been) who !iro not competent to take charge a view to having him reformed, fi1lCt if it
of ti1.lC:.h a boy.
iB thought pJ'Oper to senel him awat from
HON. MR. 0' DONOHOE--It Beems to the institl1tion, would it not be better to
me that the reformatory is a much bette!' send him baok to his pa~enu;? Is he more
school fo1' the boy than It fal'm. To send likely to be l'efOl'n1;ed by strangers than by
a boy out from the refol'ma,(oJ'Y befot,s he his own family?
has received any education 01' training is BON. MR. KAULBACH-'fhe l'arents
tD l~lnce him in the hands of 80me one might not care to take him back,
 Criminal Law [APRIL 30, 1890.] Amendment Bill.

RON. Ma. SULLIVAN - I hope the HaN. .Ma. ABBOTT-Some hall. gcutle·
House will not })[lJ:iS this clause. I have men seem to imagine that this reforma-·
some experIence of the way tho8e children tory is a place where parents send their
m'o treated whon they are sent out to far· children'to be educated and refol'med, It is
mel's, from my cOTIneotion with an institn· n, place where boys convicted ·of crime are·
tion to which children are seht -out from punished by imprisonment, and by the dis-
the old country. They al'e given out to cipline of the ]'efol'matol'Y. It i8 not like
faemet'S with evo!',}' possible l'estl'iction : some oftne indm.tdal schoo18 in the country
uotwHhstancHng t,hali, and that they arB whel'e a parent C<111 actually procure his
watched over carefully, every year the"re child to be S8nt by an order ofa magistrate
:11'0 fl'equent Cil,:jes in which the institution when he finds hi.m difficult to manage at
has to take back children who are treated home. It il:l a pluce where boys convicted of
badly and neglected. The fm'ming out of otfel\ces are 8cnt, frhe· probability in most
.~ criminals, even,is a bad system. ltil'>the cases is that· these boys have no parents
duty of the State to take ca!'e of these to refel' to. They are ,vaifs and strays
boys. They require consideration aml about the streets of large towns. It does
Cal'e mOl'e than auy atbel' class of the com- not follow at all that there are uny pal'ents
munity, and I Lhiuk it wourd be unwise fol' to whom they could be sent.
this House to grant suoh power to any .!ION. lira. PELLETIER-If they have
province. Mnnitoba is a young, a·l'ising.and }1arents, the parents should be qonsulted .
.:fiol1L'ishing Province and h~ well able to
take em'e of the few childl'en who would HaN. MR. ABBOTT-If they hftve pa-
come within the scope of this legiolu.tion.
renb:; it would be pol:isible no doubt fUJ' the
Th61'ofol'o, I think it would be unwise, and
State, having taken the~e criminal~ into
attended with very great danger, to grant cllstody f01' the PUI'polle ofpunishillg them,
such power to the Pl'ovincial Govel'n~ and endenvoring to reform them, to con""'
menLo snIt the p[u··~nt'3. That doet! not seem to
HaN. MR. GIRARD-After s11ch an ex· be tbe vit}w of the Govel'nment of :01ani . .
toba. 1 do not ]1l etend that this House i8
pression of opiiiion, I hope the hon. Mini~·
tor wiU not insist on this amendment. It bound to I. ass a Bill because the Gove·l'n~
ntentof Manitoba wiiihes it to bo pn.s8ed r
is c:el'tainly franght with dangel', and much
but I think this House is bOllnd to flhow
a1:i I all) interested in the Pl'ovinceofMal1~
itoba, I must certainly protest againl:it some respect for the reMonable request
stIch. a provi:;ion. It appears to· be newof any PL'ovinco. It is no anBWCl' to my
suggestion that we should give fait' con-
lo&"i~lntion-..,....at nll events it will be new in
siderat:.ion to this pl'opo:ml of Ma.nitoba.,.
aiel Manitoba, and it will cert:.ainly be re-
ceived very badly by the people there. I anel that we should attach importance to·
agree with the hon. gentleman that any the fact that Manitoba Rskt:i liS to pass this·
child who violates the hnv should be pun· law-to suy thut we have a rig'ht to look.
isheu, but when he is sent toa reformatoryat projectti which they olfer UB. Of
he should remain there until his term ex~ course, we have R right, but all the other·
pires. He should not be dewived of all hand 'ova are bound by COUl'tffi:\y, to flUY the'
hi~ civilrightB. The parents have a cer~ the leal:\t of it, to consider ctLrefully what
hun claim to him which cannut be4gnored, they ask 1\8 to do before we refuse them ..
and. he should not be Bent to a private In this ORse they Ht->k us tu give them
family without their conS€lnt, Under the power to Rppreutice ant criminal boys j.
they cnllnot do· so without the power
circumstances, I think the Minister should
withdraw the amendment. Although it is being given them for the purpo~e by tbis
Parliament. I am bound to assume that
pl'Oposed Rt the l'equestoftheGo\>ernrnent:.
of Manitoba, I am sure the peo]lle of the if the powel' is given them they ,vill
ProYince do not ngrec with the Govel'll- exercise it with discretion. I should be
yel'y sony to refuse their J'equest, bnt of
~l~nt on that point.. It would be fi, gl'ellt
lUJlt1"J' to the people oj lIIanitoba. conrse it is in the power of the House to
refu,e it if they think propel'. If it would
. HON. MR. REESOR-The Minister conduce in HU,Y way to haye a better und8T~
should accede to the wish of the Rouse and stanC\inp: in the HallS€} about the clause I
llJake it obligatory that the parent. should am \-villing to let it stand fOT a cluy or two"
be consulted. until we oan ascertain the wbhes of the
 656 Criminal Law rSENATE] Amendment Bill.

ilIanitoba Gove~·nm0nt,. 01' "'.hat reasons clanse. The han. gentleman has no' roason
they may haYG for seekl11g thu:i power. that I know of' to assume that the GOVCl'n.
ment of 1Ianitoba would di~l'e~al'd all these
Ho)!", :JIR. PO,VER-Ko; not for that: considerations, when it is ])tol)osecl to bind
pUl'p0::ie, lout a boy. ""Vo have no l'eHBOn before liS
HaN. MR. ABBOTT-I think the House ito sh?w that ther would hOt consider this
would like to have the rensons of. the que~tlOn of l'ChglOll as anyotheJ' questIOn,
l\lnllitobn CToyernment f01' asking for this We as::;~lme) nn~ we ~ng~t to t~Ssn:'lle) that
.and that we should consider those l'enSOll~ tho? wlll exerCIse thIS ~l:::iOI'ehon 111 a pl'n-
befol'e we l'cfmw what I consider very dent an,rl ])l'oper: manne:,. It may be that
model'ate nnd just 111 ;opositiol1s. We will they wIll mul~e n. provIsIOn that the VQl'~
!et this clause stand f01"n "day or two, and ents, ~f ~h13,~~lllc:l'en shall ~e consnlted, and
1n the metl.utime commuriicn.tc with the OthOl prOVUnODti u-~sol.whlCh ml1s~ be COn~
.Attorney~GBJ1eral of Mnnitoba "infol'minO' formed to before blochng. out a oh11c1., . "
?im of th.o difficulties ,yhich ha~'e occurred I ,V~ :r13 \lSl111l~~ p:ssm g 'ct l:er~lIssIv_e
111 the passage of this clause, and enquil'~ : ause 0 a ow ~ e~ ~ CO]~Sl ~r t e ~ub­
inrr why the,)' desit'e to hav 't ,,' 1 lect, an~ make tiue·h l'egulatlOllS about It as
b e 1 c.anlec, they·thlnk roper
Pet'haps we may find tbat they do not de- P-
sire to press it, 01' that they hn;ve excellenli NON. MH. MASSON-We arenotactitw
reasons for pressing it. V{ e sha11 act· as diffel'ently with the Manitoba Government·
we always do· on the facts that come befOl'B from what wewonld ·with thisGovern·mellli,
us. Suppo8e instead of cleu1ing with the At~
HaN. MR. POWillR - r do not object to tOI'ny~Gelleral for Manitoba it was pl'opotled
the clause standing over, ·but I must 8ay I to give this powel' to the MinJstel'.of JU$-
do not feel ~lt all convinced hy the. Ul'O'U- tice, to ncli the same way, we would make
' . "b exuctly the same objeC'tion. we are making
ments 0 f tho han. gentleman, We are
. showing no disrespect to the Government. now. 1Ve would. nc;>t grant to the Miniswi·
of Manitoba_ W0 have alt'eacly passed one of J ~stice the power that we are nnwilling
-clause "\yhioh they aBked UB to puss) and we to grunt to the Attorney~C+ene!'al of Mnn~
pl'OpOSO to puss this aI/lUge in deference· to itob~tJ which pl'Ove~ that we arB not mak-
their -wishes) buli I think the feelinct of the ing tlli~ objection because it happens to be
majority of the IIousli is that thoro°shoulLl the Atto,-neO'-Genel'ttl of Manitoba who is
be Bomo respecli shown to the conscien- in qUO::;tiOIl, What we aro objecting
tious convictions "Of' the l)!tl'onts of boys to is giving to any Attorney-Genel'al the
who ure s9ntonced to thii? refol'matory. I right to take a boy on.t of a l'efOl'mntol'Yl
presume that the Manitoua GovernmeEt ancl}11uce him where be might receive re-
have oV(H'looked thiB but whethel' it is an ligious iustructiol1Q ",,,hich his ft'iend:-; 01'
. oversight or notl or '~hethel' lihe Manitoba parents ·would be unwilling that heHhould
Government think that no l'eo'urd should receive, The law has provided thn·to tho
be pnid to the l'oligiou,,, convictions-of the boy shall be placed in a refoJ'l11t1..tOl'Y, find
l)ul'ents, r think this Houtie should not be that while there) he shall be undee ('.(wtain
influenced by their want of toleration. gnidance, n.nq it is can tl'ary to the i.ti.ten~
That il:l what I foel about it, and I think tion of the law; that a.ny }1erSOn shriJl stand
that is the feeling .of' the majority of the between t.he boy and his family and l)laoo
Rouse-that no mattel' what the pel'l::lol1111 him where a religious training sneh as his
feelings of the Attorney-Geneml of M,,- pal'ent.$ would al)pl'ove of woulcl not be
nitobu. may be, tho superintendent of the given him. .
Mani tobarefol'mu,tol'yshould not beallowed
to bind children out to personsao-a"illst the HON. n1R, MURPRY-niight I enquire
will of the pal'entB of those ehildr~ll whel'e the l'eason for objecting to the rOflso11!lble
.they have paeents, ) pJ'opo-,itioll of the hon. gentleman fl'Olll
HuHfa.x that the parents 01' guardians of
RON. :iYIR. ARBOT'r~I .should like to the boy should be consulted, if theO' could
know why my hon. frIend assumes that be found before binding him out? The
the Governn;ent of Manitoba al'e going to Attorney-Genel'tll might think that we
I
be less conslder~te. and humane than we wa.nted a much 11101'e l'adh:al ulteration if
should be? TI1l::; IS fl, purely permissive we·simply asked him to change tha.t.
 Criminal Law [APRlL 30, 1890.J Amenament Bill. 651

lION. MR. POWER-I do not think we think that the hall. Minister "hould oou-
should ask the Attorney-Genel'al of Mani- suIt bis colleagues on this subject, but I .
tob" anything about it. fail to see any partienial' object to be
gained by consulting the AttOl'ney-Gen~
. lION. MR. ROSS-l e!o not seo why eralof1Ianitoba.
pa,l'ent::; should be consulted in tbis matter.
When they did not succeed in bringing up HON. MR. KAULBAOH-I dicll10t
their boy in fmch a- way as to keel) him think it went bayund the term fat' which
wilh them, ane! the boy is sent to the the boy was sentenced. No child'cun be
l'efOJ'matoI'Y, I do not see why they shouie! apprenticed without the. consent of his
be nftel'Wal'Cllj consulted as to the best way IJu.rents or guardians .when he it? not in n.
to reforll him. The parents hfwe shown reformatory j but hero the l)n.Tent.t~J whon
. their incapacity to bring up their. child the boy is taken away fl'om them]" for pet'-
and train him, when he has t-o be sent to havs a trivial offence, are actually de-
the reformatory. vrived of ,any contl'ol OV61' him, and he
may be apprentioed for the fllll term of
HON. MR. lIIASSON-Suppose a ;young hi8 minol'lty.
man nineteen years old; hUti been in the rrhe clause was allowed to stand.
reformatol'Y thrfle years, and the father
who had neglected his edUCfl.tioD, is dead: HON. YIR. ABBOTT-I propose lp a.k
the remaining parent may be an honest the House to pass a. clnusc whICh will pl'e-
porsou, but the boy had stolon 01' oom' -vent ·clnuscs in respect to the }';Ianit-obu.
mitted some offence for which he was sent Reformatory from coming into force until
to thel'efol'luatol'Y as a consequence of the the Government is 8fitj~fied that the con-
bad education
, "
he had received al'e hiD CUl'rent legislation wbioh is being madein
retnmnmg r~latlOns) who may be hone::;t Manitoba is satisfnct01'Y. I submit a clul1t:e
)

autl honorable people) not to be consult.ecl to that effect:

as to the disposal of the boy? By the II 40, The provisions of tbifl Act in respect t{') the

bon. gentlemflu'spl'oposition, he has yield- Manit-ob", Reformatory fol' boys shall not; come into
force untn the imIDe shall have ueen proch~hm:d b7
ed to the state the reBponsibility of bring- the Governor in OoUlICil.!)
ing up the boy, and he allows the Attol'lley- The clause Wfilj agl'eed to.
Genel'al to hm1cl OVel~ that responsibility
to 80me Hu'mer, who, perhaps may have He". MR. ABBOTT-There is anothel'
no religion himself ut all) to eduuute thut clause whioh I desire to add to the J3ill.
ohild "" herJe.3es." I think the pl'oposal There has been 80me doubt whether a
with all due respect) to the Government commisl::lionet' for taking affidayits cnD 1'e-
of Manitoba, i6-1 will not say it-tho ceived declarations uuder this sta.tute. I
WOI',J is too severe. It'i::; an immoral pl'O-
propose to add a c:lause as follows, which
p~sition, and if the:::le arguments are sub-
will make it clear who ma.y iu:lminister
lllltted to. the Government of Manitoba. such official decia.rations:-
they will themselves nnderstand that th~ forty-one "4-1. Se<ltion three of Chapter Olle hundred und
of t-he Revised SUtt-utes of Cannda, inti-
pOHition"thoy a\'e taking is unjustifyable, tuled: 'An Act t'e!:!pe.ctillS Extm-Judicinl Oaths,' is
rellealedj rmd the followmg section is s'llbi;ti~uted
lION. MR. POWER-Tllere is another therefor;~
prov.h3ioll, which) I think frGm a hasty «, Any Judge, Jllstl!:d of the Peace, Police or
Sti\,encHary hlagi.;tl'atf'-, Recorder, COlUlllio;sioner
l'endtng of that clause, needs some amend- aut ,odzed to tfl,ke nffidavits to be u8ed either in
ment. As I rend the clause it a.llows theProviucial Ot' Dominion COlll"t~<;, or any othel' hlllC~
boy to be bound out for a term. extendingHouary authorized by !a\y to ad1niniE;t~r all oath in
any 11ltl,tter, may receive the solemn declaration (If
beyond the periocl for which he was sen- auy person voluntarily making the 8i1,1ne before him,
tenced. in the form in the Schedule t.o this Ad, in atteBt,(l.tion
of the ext'Cution of any writing, deed 01' instrument,
I{ON. nIR, ABBOTT-,Vith his own con. or of the truth of any flllegation of fae:t) 01' of finy EtC-
\:ient. . . count-rendered in writing.'."
H· . HaN: MR. O'DONOHOE-Are those
the fio,~s't ~Rt' PO:VER-S. t~ll,. thte bO Y in who al'e now taking dechll'atiOl1S under
Ins ll-nce 1S no t over SIX eell Wllen " . I I I?
santelli'eel
,J ,anel'f 1 Bl1C
h a boy IS. as lree
i t 0 commISSlonlnc He ee ,
consent to be bound, O~lt, in order lo get . HON.MR, A~BOTrr-Y~::;! eve1'yone whG
away from the restl"lctlOns of the reforma-Ils now authorIzed to admllll~tel' an oath.
tory, he would be willing to consent. 1 The clause was agreed t-o.
{loS The TVeliand Canal [SENATE] Investigation.

HON. }IR. POIRIER, f"om the

mittee, reported that they had made some
com-I THE SEXATE.
..
l)l'ogref;s and ft~ked IOfl\'e to sit ngain. I Ottawa, Th'llt'sday! May 1st, 1890.
The ropOl·t was adopted. I THE SPEAKER took the Chair at 3
SECOXD READIKG. p.m.
Bill (141) An .Act to facilitute the plll'- Pl'uyel's [md J'outine pl'oceedings .
.chase by -the Pontitto Pacific Jlmction
Railway Compnny from the Oanadia1l Pa- THE INTJmCOLONIAL RAILWAY.
-eiHc Railway Oompfmy oftha BI'anch Li116 illOTION.
of Railway between lInll and Aylmer.
(Mr. Ogih·ie). RON. MR. WARK moved
That all humble _Adclru-<:s be presented to Hi"! ]~x·
ONTARIO PACIFIC RAILWAY BILL. cellency the G-OV€rllOl' General, praying that Hi:.
Excallellcy will be l>lE"-U.'1ed to cause to be laid befure
SEOOND READING, thlli House a return showing:
nON. MR. VIDAL moved the second conI 1st. ·What 1$ the mte pel' ton cbarged for carrYll1g
in c;u'loncl8 over tlle Intercolonial Hanway from
reading of Bill (123) An Act "espeeting the the mines of "i\OVfl. Scotin to St. J ohu, Droneton,
.Ontario Pu('ific Rn.ilwny Company. He Rewc,n,stle nml Campbellton in New Bnlllffwick, t"mel
said: This i~ lL very ~imple Bill, asking to Rimollski, l{ivibre du Loup and Quebec, aud by
the same, with its connectlOlls, to biont.real and
pel'minsion to chunge the intere::;t on the Toronto?
compuny'::; bonds from six to five per cent. 2nd. ·What is the rate pel' ton for cal'l"ying flol1l"
wheat and other goods of the same class in cal' loalli;
None of the bonds have actually been is- hom Toronto, Montre..'ll and Quebec to Campbellton,
sued. '1l he1'8 is also u, slight extension of N ewca,~tle, MOlletou and St. J aIm in New Emn..;.
time. wick, and to Amhel·st, Truro, Picl.-ou, and Halifax in.
Nova Scotia?
rrhe 11l:otion was ag-reed to, and the Bill Sl'd. What is tbl! number of freight tmu1S which
WHS read the second time. pn..'5sed oneh way between Nova Scotia r1.11d Quebec
and Ontario, and between New ]3runswick and the
same Provinces, in the yenr 1889 ?
SECOND READING>'3. 4th. How mn.ny traillS CCLrried goods from the Wer;t
to bSl'lhipped at Halifnx and St. John, respectivcly,
The following Bills were rend the second d1ll'ing lSi:lfJ, and tiP to the present date in 1890?
time, on the undel'stllnding that tbeywollld The motion was agl'eed to
be deb"te(\ in Committee of the· Whole:-
. Bill (136) An Ace further to amend the 'PHE WELLA.ND OANAL INVESTI-
Revised Statutes l chap. 5, respeuting the GATION.
Electoral FI'anchise.
~IOTION.
Bill (BB) An Act further to amend
"The Indian Act." (Mr. Abbott.) HaN. 11u. MoOALLUM moved:
'rhat an humble Ad<1re~ be presented to His
GEOLOGICAL SURVEY BILL. Excellency the Go\"el'l1or General; praYll1g that His
CONOURRENOE. IN OO},lMONS AMBND~IENTS. Excellen(JY will bo pleased tu causo to be laid befol"tl
this House, a coP,Y of the Second Report made by A.
HON. MR. ABBOTT moved that the F. 'Vooel, Esqmre, Commission~r 1'C the \Velland
amendments made by the Honse of Com- Cano] iuvestig.."tion; also, tho evidence tal~el1 at tho
Said investi.gation.
mOllS to Bill .(C) An Act respecting the
Department of the Geological Survey, be He said: Han. gentlemen are aWf\l'e that
.conClll'l'et.l. in. . ' this is not a new question. 'J;h~l'e was
the repolt of the conimisf>ioner laid before
He said: The amendmenb themselves the Senate by 0111' hon. lender, and it. has
.are unimportant and do not in any l'espect been in the hands of hall. members for
.affect the Bill as we paB'ed it. The two some time. All0thel' l'epOl't was pll blished
mnh~ ·amendments, (the othe.r being only
in the Emp,:,.e new.paper the day before
verbal,) are to provide for a Museum for the report I refer to was laid upon the
English Np,turai Histol'Y, and· to collect, tahle of this House, which was said to be
al't'ange and classify for exhibition, and to the second report of Comn:issioner vVood,
provide that nothiag in t he Act shall ill- of his investigation into my charges
terfeL'e with the -commissions ·of the Assist- against the ma.nagement of the canal.
~nt Dil'ectol's which haY.e been previously But I Beo that the right hon. gentleman
Issued. who lends the Government of .this country
The motion- was ngl'-eed to. and has led it for years ably, a gentlemun
The Senate adjoumed at 6 J,l.111. that I have followed a long ti111e--
 Oriminal Law [MAY 1, 1890.] Amendment Bill. 681

the thiTd time, hut that i~ be referred back and matters of that desoription, respecting
to a Committee of the Whole House, for whkh they l]ave already considerable
the pUJ'pose of striking out the provision powel's, b.ut not extending to winter roads,
-contained in the last :fi:ve lin~s. The,a1Uencl~ It is to give them the same )J')wel' with
TI1ent of the han, gentlemu.ll fl'om Amherst
was substantially that that proviso stand
regard to win tel' roads that we have hi our
ow.n country hare. Thet'e are two at' thl'ee
part of the Bill. That amendment curried. p1'ovisions also as to p!'ocedure at the
What was the position then? There was meetings, they hold in theit' reserves for
an amendment that that proviso stand the election of their lomil· councilt~, The
· part of the Bill. The proviso wa, in details will come up in Committee of the
the original Bill. '.rhel'e was nothing in Whole.
it which was inconsit;tent with the original
The moti()Jl was agreed to, and the Bill
Bill 01' the original motion. .My own im- \vas read the second time,
l)l'ession is that there· was no necessity
for l'eplacing the Bill on t.he Order PajJel' CRIMINAL LAW AlliENDiliENT BILL.
for the third reading, because when t 1nt
amendment passed the Bill was just in THIRD READING.
tho same condition a.c; when the motion
for the thi1'd reading was made. I simply The I-Iouse J'esLlmed, in Gomlni ttee of the
wish to express my opinion on the matter. Whole, the considel'fition of Bill (65) " An
I presumo I am wl'ong. and that the deci- Actful'ther to amend the Ol'iminalLaw."
sion of the Speaker is right, , (In the Oommittee.)
HON.llIR.ABlJOTT-I must say I shared liON. MR. ABBOTT said: '1'he first
with my 11011. friend that impl'ession, clause was reserved for fUl'ther cOllsidel'u-
but on consulting the authorities J and onl' tion in consequence of a point- .made res-
·great living authority on the subject, we pecting it by my han. friend fl'01l1 Ralifax,
were assul'ed that though in prinCiple which point I thinln1'as well taken. There
tbe:'e might be 110 objectioll) still ns a seems to be no l'enBon whatever for limiting
mutter of procedure we should take the the punishment of an offender to, cases
course that we have followed. .
where he is al'I'ested before his term of
HON. Mit. GIHARD-Thel'e is the amend· detention expires. rrhel'efoJ'B, I m~ve . to
me1lt of which I gave notice yet to be strike out the words (( before the eXl)ll'utlOll
dislJot)eu of. It was l:iubmitfecL to the Com- of hi:3 term of imprisonment'"
mittee of the Whole, House and dccidcd The motion was agreed to, and the clause
upon. In view of the promise made by
as ~mollded wa.s. adopte~.
the Ieudol' of the House I ·consented to
withdl'u\v the motion, and my intention i~ HON. MR. ABBOTT-In the 6th clause
110t to pI'ooeed any further with it, \Vith thel'c is a description ·of an offence which
the lea.ve of the Honse, I will withdl'!tw my hon, friend thought a little yugue. I
the motion, have examined the qe::icription of the
The motion was withdrawn, and 'the Bill ou~ 01vn otfence
coo'na.te in the Englit)h law and
statute. Both a!'e HU1.ch les:;
was rc.ud the third time, and pa~'5sed, perfect than this, and ~ mu::>t confess that
INDIAN ADVANOE.HENT ACT I do not think there is really any necessity
AllENDMENT BILL. fur altel'iJlO' it j becau.se, of cOl1.l':::;e, it witl be
for the m~o'istrate who tl'ie::i the offence
SECOND REA.DING. to ('.onsider~hetheL' the nct lJl'oved amounts
to the offence contemplated by the cIa.use.
Iiol<. MR. ABBOTT moved the second But I think tho word" wilfully" put be.
l'ending of Bill (132) .H An Act to amend 'fore the word ((commits JJ woulLl be all
'The Indian Aavancement Act JOn}). 44 impt'ovement to the clause) Hnd w(~)Uld
· of' the Revised Statute~/I He said This make it., by so much, bette!' than anycluuse
Bill is for two })urpot3es, It is to enable in any other ll.Ct that I haye put my hands
thu views of the Indians to be taken to on. I move thnt this amendm~l1t be made,
B0111e extent befol'e ri, reserve is divided
· and for the purp()se of enabling them t~ Tbemotion was agreed to, and the clause
make furthel'l'ules as to theil'winter roads, ns amended was adopted. .
 '>

682 a"iminal Law ,SENATE] Amendment Bill.

HaN. MR. ABBOTT-Ihnye verified the
stntt'lmont of my hall. friend from Oa]gal'Y
'with resl)ect to indictments in the NOl'th-
West, "nd I find tl",t he is perfeotly
l'ight---':the ph rase used should be II chal'IYo
or· indictment." The only clause whi~h
remains is the on8 which 'was under dif>-
cnssion when the com mittee 1'OS8, and
which I undertook to suspend the con-
sideration of until further informntion
eonld be obtained. Now, I find tlint that
('.lause is cOl)ied word for word frolU tho
Ontario law, and it qonfel's on the Super-
intendent and the Attornev General ill
Manitoba exactly the same- powers tht~t
nro canfoned' by the law respecting
Ontario on the SupaI'intendent of the
Penetanguisheno Refol'matory for boys,
and on the Attol'ney General for Ontario,
but I do not attach extreme importance to
that. What I am sensible was exbibited
Inst night was a distrnst on the part of
quite ~t number of hon. gentlemen in the
lIol1se of a IJl'opel' administration of the
clause-a doubt on the part of SOme of
them whethol', in fact, snoh a power ought
to be granted at all; and in view of tbe
strong feeling which-was shown against
the ohmse last night, I do not propose to
]Jroceod with it. Further e:qJerience of
the wo1'ldng of the law in OntHrio may
,"latisfy han, gentlenlen that it is a good
dause, My O\YII opinion is that it is a
good clause, hut that does not govel'n me
ill th ig ,·espect. I propose w desist from
it, bec~use I find it would sel'iously offend Civil Sel'vice) a sel'Vant of 011G of the
tbe feelings of a good many han. gen-
tlemen in this House, and there is no
desire to pre.<:,s on them any clause
having this effect. eSlJecially when it can
be easily postponed for another yenr. I
therefore ask leave to withdrn.w that
motion.
pence, alld can be taken cognizance of by
any magistl'ate ·under the Summary Oon_
victions Act.
HaN. MR. DEBOUOHERVILLE-I can-
not see lUllch difference between a verbal
threat nlld a threat in wl'iting, and I 8ee
no l'eason why the two offence:;: should be
treated differently.
HaN. MR. ABBOTT-If a man utters a
threat viva voce he oan be brought before
ft· justice, and if the threat was suffiCiently
violent to justify it, he can be punished
01' he may be holel to bail to keep th~
peace.
HON. MR. DEBOU9HERVILLEJ-Why
make it different from thi'eam by letter?
HaN. MR. ABBOTT-These threats by
letter are generally made for the purpo,e
of extorting money..
HON. MR. POWER-I had proposed to
move an amendment to the fonrth clau;-;o
of thi1:i Bill} but upon mentioning it to it
friend of mine he indicated certain objec-
tions to so doh1g, and I do not thereforo
propo," to move it: but I take the liberty
of refel'l'ing to a mattel'. which must have
come undel' the notiea of neady eyory
memb01' of this 11011se. A.nyone ,·vha' road
the evening pr.pel's yesterday lUust 11n.vo
been stl'llck 'with the detailed account of
a case of seduction by a member of tho
Houses of Parliament, the plaintiff in the
nasa being it girl n: Jitt10 OVet' the age of
sixteen years. I see by the morning pnpol'
that the jury found a verdict fol' the ph'in-
tiff, awarding' $1,000. I do notlmow whe- I
thel' the parties intol'eated intend to h~Lve I
this man criminally prosecuted. I thll1k 1'1

it is the duty of whoev81' is in ahal'ge of

HaN. MR. POWER-Tl,at is the now the Ontario criminal business in O~MWn. . :'1
paragraph 86? to see that the ma.chinery of the Cl'iminal
HaN. MR. ABBOTT-Yes. law is set ill operation against. this mnn, . i
I wish to call the attention of the INld.:J:r
The motion was withdrawn. of the lIouse to this fact, that if the e~i­
HaN. MR. DEBOUOHERVILLE--Does dence in the case is to be relied upon, thiS
the han. gentleman propose to make any is a CftSe of most deliberate and cold.blood·
change in the pl'ovision 1'8SlJ8ctingthl'eats? ed ch~"t-l'actel' a.nd I think it is tho duty of
the Govern~ent, who are carrying thit!
HaN. MR. ABBOTT-No; I had a view Bill throuo'h Parliament for the lJUrpose
of my oWl"l: ou the suhject, which IS con- of pl'otec.ti~g; innocent women throughol~t
firmed by the Minister of Justicee. These the country to take that oa.se intn conSl·
threats whioh the hon. gentleman speaks deration, aII~l to see that that man i8 dis-
of "'e in the nature of breaches of the missed from the public service if they fire
 I
The Oombines [MAY 2, 1890.] Bill. 683 I.

satisfied that the decision of the COUl'tWas move, therefore, that the report be taken
COl'l'ect. I think it is a public scandal to into consideration on Wednesday next.
have a. man of that SOl't in the sel'vice of
Parliament, and it is only my duty to call HON .. ~IR. SOOTT-·This ie not a private
tbe attention of the Government to the Bill; :i t is a public Bill, and canllot be dis-
matter, and I l)l'esnme they will take:it posed of by the Committee on Banking
into their consideration. and Commel'ce j althollg.h it may have been
referred to that committee, it must still
lION. 1Ia. VIDAL, from tho committee go through its stages in the House. The
l'epot'tcc1 the Bill with amendments which rule of .Parliamentisthat publio Bi1l~ do
were concul'l'ed iu } not go to pI'i Vttte committees. Those COlll-
TI)e Bill <YO.....,. theu r'oa'l
\UOO
< ,
the thl'l'd (,'me mittees are for pl'ivate Bills exclusively.
• l I was not mVU1'6 that this BiH had been
and passed
sent thel'e i it should not have gone thel'e.
frhe Sonnte ncljol1rneJ at 9 'o'clock. n should only have gone by the genem!
consent of the Honse) becfluse the propel'
place ~o consic1el' n public Bill is in a Oom-
mittee of t·he Whole House. I hope the
'fHlD SENATE. l'egul~l' stages mn.y not be thwnrted by the
reference of the Bill to the CommiLtee on
Uttawa, Friday, 1l1.ay 2nd, 1890. Banking and Commerce.
The SPEAICER took tho Ohair at 3 HON. Ma. MoOALLUM--The object of
o1 clock. l'efelTing the Bill to the COll+mittee on
Pra-yers and routine proceedings. Banking and Commerce was to enable
several delegations from nIl over the
countl'Y to La heurd. R~'lther than
'rmRD READINGS.
t-aktj the rOl,lort into consideration to~day,
The following Bills, Tepo,·ted feom the at the roque.':it o[ several members 'who
Oommittee on Hn.ilwaY8, TelsoTftphs and wish to take part in the diBC1l8Si(ll1 I have'
Harbor:4, without amel1dmellt~ wet'e l'ead l'equested the chail'man of the committee
tho third time and pa8tied;- ~ to let the report stand untn some time
Bill (141) "An Act to facilitnte the next week. A~ fal'aslmnper8onnlly con-
purchase by the Pontiac Pacific Junction cerned, I am ready to go on now.
Railway Company from the Canadian
Pncific Rn,ilway Oompnny of the bl'anch RON. MR. MILLER-I take exceplion
linG of Rail Wtty between HuH and Ayt mel' ,11 a.ltogethel'to the l)oBition assumed by the
(Mr. Ogih-ie.) hon. gentleman fl'om Ottawn. rrhis is it
Ilill (123) "An Act respecti,,,, the public Bill) and in the tlsnal course would
Ontnrio Pacific Railway Compnnr:fi (MI'. hnve gone to [I, Committel} of the Whole
. ¥ncIl1ne,')) Burlington.) I-Iouse. But it .,vatl quito comllotent fOl' the
Hou8e to send it to ft pl'ivnf-e 001nmittee,
as they did) for the convenience .of parties
interested in it. Tbe Honse hflyi..,ng sent
REPORTED FROJr cmDIITTEE. it to it pl'ivnte committee) it b quite in
lIoN. :JIB,. YIDAL) from tho Oommittee Ol'clCl' for the han. gentleman to' rovort ns
on Banking and Commel'ce) repol'teu Bill he has clone, and quite in ol'del' for the
(77) "An Act to alllend the Act fol' tho Honse to adopt tha~ report withont refer-
pI'oyention [tntl snppJ'a"ls.ion of Oombinn. ring tho Bi!l!o aOOI:nmittee_~f the Whole.
tlon~ timucd in l'est!'l.1inL of Ij\'nde Jl l'e. Of e~uI'sc) It .1:-3 :11:-;0 lTI o:'dcl' Jar Hny mem-
comm,ending. th~t the Bill be not pt~Bsed. bel', 1~ he :hll):{~ PI'OPOl', to m~ve that the
He f::md: Tlll~ 1:-3 l1 ['cport of f\, sornewhat repOI t bo lofe! tell, to a C?mmltte~ of the
non~l character) and is mthel' impol't.n-nL I'Vholc, bll~ there I~ nothtn~ ,Clll'tainly out
and l'E'quires, I thillk, c:1l'efu\ (;onsidel'~tiOl~ 9f ?nlcl' 1I1 tho COllrse whICh. tho 11o~1.
by the,Hnuse. It is thede.gil'e of the pt'o- chmJ'm~n hfls thOUg!1t pt:oper to ~dopt 111
motCI' of the Bill that We 8houlcl not now presentll1g the l'epol't wInoh has Jw:\t nQl.Y
take action 'on the repOl't. but have it in been l'ead to tho Honse.
OUr minutes, in ol'elat· that han. g'en- HON. )IR ..McOALT1UM-The only ob-
tlemcn may be acquainted with it. I ject I hml i!l view· in ::;encling the Bill to
780 . St. Yincenl de Paul [SENATE] Penitentiary ..
._._--- -_. ===
~~~~~-~;. ABBOTT-':~hc words "su.11 fore, I pr~pose th"~--~;~~-no~ insi~t upon
pel'iol' OO").ll't)l aL'C used as inc1icntjng the, our amendment mac1e.to the 18th section.
court which:is superior to thejndge who Thell, with l'cgm'd to ~he 20th and 21st
makes the convictbn. amendments, we had already determined
The amendment was agreed to) fi.ncl the in that sense onl':,elves. "Ve altel'ed the
Bill as amended was then Tead the third name C;NOl,th- ,Vest TelTitOl'ie.':;" into
H 'YesteI'D TCJ'l'itOl'ies/ und the House de-
j

tirne) and passed, '

clined to accede to that, thinking it propel'
ORBIINAL LAW A~IENDMEX'l' BILL. not to ultel' the nmne nntil the Bill hud
been passed which we decided upon uncl
OQ:;'!DIONS AMENDMENTS AGREED TO, acted upon J161'6, nftel' paesing that Bill.
The Ol'elcr of the Duy being clllled,- fl'herefol'c, I propose to the House that we
Considet'tltion of tho M.o.ssnge fl'0111 the should not insi:;t upon t,hat amendment.
House of Oommons ditin~l'eeing to eel'tnin Then clauses 80 and 87 'wel'e clauses
amendments made by tho Senate to 13ill which had been proposed by tbe Depart-
(65) "An Act further to amend the ment of JU8tice themselves,' and were
Criminal La·w. 1! in~el'ted nt the end of the Bill-new
clauses) 'w,.hich were sltid to be copied from
HON. :ilIR. ABBOTT said: 'fhe amen,l. the Ontal'io Act. Whether they be so
mont8 whieh we.:.'o made in the Honse of copied 01' 110t) the House ofOommons eon~
Oommons to the nmenclments in qlle5-tioll sitler that tho regulation refened to ought
nre three in numbel', The Oommons hm:e not to be flllthorjzecl wholly by Orders in
disngreerl. to tho amendment that we in- Council-thel'a should be some more e::s:~
serled in respect of the amount ofJ?enalty plioit indication of the will of Parliament
which by the law iB stated to be $500, ami us to the nature of the 01'dol'S in Conncll
in order to pi'OYOnt the po~sibility of this before they.honld be mude, and I presume
penalty being regal'ded ns an invnrjable that is a principle that this House would
])enalty, instead of' mel'ely a maximum concur in, I thereiore ask tha.t the
l)cnnlty) this House inserted the wOl'ds House do not iusist on the amel1dmel1ts
I' not exceeding 8500,11 The raMOn I"hy I made to those two clauses.
Pl'oposed to thi::l Hou:se to insert those
wonis was that in the Pnrdol1S and Punish- BILL INTRODUOED.
ments Act I fonnd a ]ll'ovis,ion which ;;;aid)
whone\-er n. tc~'m of impri:;onment 'was Bill (l;;E) "An Act furthel' to amend
named in a t:.tatllt.e the judge in sentencing the Dominion Land, Act." (ilIr. Abbott).
the 1)1'isono1' would have a right to di· The Senate adjonned nt 4.05 p.m.
minish it u<:c6rl~ing to his discl'etion, but
not to exceed It. It \"lIS supposed that
. there was a clause respecting penal ties in
money of n similur charactol', but the .Min- THE SENA'l'E.
istel' and myself looked over the Act with
ft fail' degroe of cal'e, and lye eould not find Ottawa, Tuesday, May 131ft, 1890.
any such ~lausel and it was fot' tbat reason
that I suggested, to put in the ·words THE SPEAKER took the .Ohuir at 3
{( not execeding/' On"n more c[J.refnl ex· o'clock,
amination of the Act it is found that under Prayol'g and routinG 1) ['ocee.ding~,
tho ebnptcl' re~pecting l:ilU'cties thel'e is a
clat1::;e, such as we both thought was in the ST. YINOENT DE PAUL PENI·
Ac.t, but whieh we could riot find) which 'l'ENTIARY.
makes the same pl'ovision with l'egard to lIo". :ilIR. BELLEROSE movcd-
l)Ol1fllties thn.t is made with reference to
imprisonment. 'l'hat an lnUllbll-! Ac1dl'e;':s be llrP::entf.'d to His 1~~·
Ct,llt'Bcy the (.\·oYel'l101' General; pl"l,yillg ~hi1,t Eli!
I "l.ON•.'C D BOUOI"ERVILT E WI Excellency will ue 1'1eR:';~cl to CUll:;e to Lv laId before
,.uJl, E 1 :.. ~ ~- lat thb Honse all the lettt'l';; aud (;Ol'l'e~polldence th(\t 1111'.)"
doc:;. it s.ay? ' hiW!:' b!:,l;;n ~xchi\-l\ged l)(,tween the 'liunn'll1mnt 0'ud
•~ , 0, <:l-. Bourbol111all:!. :E,;q_, un the I:;n?j~ctof hii5s~r'.'lce~
HON, MR. ABBO IT-It })1'oYldes that (l.-; :;tenl)g~'l.1.pllel· lbt tlw tlllleof tlw Yllilt of the 1\l~1l1stel'
I

the J'ud!!e mn"t~ mitigate the I)uni'3bnlent I of ,Ju;.;tiee a~Hl tl~p St'cl'phn'y of Stah' to St. "lUcent
b "1 h' I Th I dE' Fttnl Penltf'lltlt1.JT, on the 10th allc1l1th of Decem-
to nny extent le t In {s proper. el'e~ I bel', 188U, .
 904 The [SENATE] Proro9atilfn,

An Act to amend the .Acts l'€spE'ctiug the Duties of

THE SENATE, Customs, .
All Act respecting the IVood Mountain and Qu'·
Ottawa, Priday, 16th May, 1890, Appelle Railway Compauy.
An Act to it1ll6nd the ",(ct of the present Se...~iol1>
' I t F 'I I E Lr'
intituled:" An Act to amend the Acts l'e-specting
TIlIS cay a J 10nr OC ocr p.m.,.c IS 'x- the Duties on Customf;,"
. celIency the Governol' General proceeded ~.\ll Act further to amend, "The Indiall Act,
in state to the Senate Ohum bel' in the I chapte)' fOl'ty:thl'ee of the RevIsed Statutes•
... ' • • < • An Act to lllCOl'pOl'ate the York Connty Bank.
ParlIament BUlldlllgS, and took hIS seM All Act to ]ll'OYlde for the collection and publish-
upon the ThronG. . The mem bel's of the ing of LnJJ?r-Stathitics. . • •
t b' ~ bl d r r · ' E II
S ena e 6l11b aBsen1 e 1 IS xee enoy An Act to make further Pl'OY1SlOl1S respectmg tlle
Bounty on Pig- Iron lllfUluiactnred ill Cmlll-da f!'Olll
was pleased to command the attendance of Canadian ore,
the House of Commons, and that HOlls0 An Ac:ttoalllend,c~nllter 12T,of the RevisedS,m.
t tl1e.LO
bel' ng p:t:esen) 'II owmg
'B'II
1 -s were as- tntes of CfI.luwn-, mtltuled:
Interest,"
An Act respectmg
sellted to, ill lIer Ma.jesty's name, by Iris ,An Act to autho~'i7.e the ffl:anting of, subsidies !n
Excelleney the Govel'nor General viz.:- mel o~ the C911strnctloll of the hnes of RaIlway therelll
, 1 mentIOned,
An Act respecting the PontillC Pacific Junction Land An Act to (luthol'ixe the granting of Subsidies iu
R.ailway Comptm:y, to certain Rail \Yay Companies,
An Ac.t respe.ctmg the Grand TrnukRailway Oom· An Act l"e3pecting Banks and Banking.
pany of OflJladn. ' An Act respecting' the "\Vinnipe.g and Hudsou
An Act to amend "The Exchequer Court Act." Bn.y R-ailwn.y Company.
An Act to hlCO!'porate tIle Dominion Safe Deposit
"\Yarehollsing and Loan Oompauy (Limited.) Then the Honorable the Speaker of the.
An Act t.o lncorpomte the Home Life Associnticl'i Honse 6f Commons addressed His Excel-
of Cnnada: .
An Act further to amend the" Oanadn Temperance lency the Governor Genel'al as follow8:-
Act,"
An Act l'esl,>ecting Fishing Yes!>els of the United "1.IAY IT Pr.F..ASE Y.OUlt EXOJ,;r,T.E~OY :
States of Amenea. " The Commons of Canada have voted the supplies
An Act respecting Gmnts of Public Lands. required to enlllJle the GoVel'lll11ellt to defray the ex--
An Act for the relief of Hugh li'orbe.'l Keefer. penses of the publio services. . .
An Act for the relief of Oliristilla li'ilmcm Glover, " In the name of the Commons, I present to Your
An Act to amend an Act concerning Marriage with Excellency the following Bill :-
adeeeMed Wife's Sister. " , An Act for grantmg tn Her Mn,jesty certain sums
An Act respecthlg H. H, Vivinn and Company, of lllouey required for defraying certain e:q)811ses of
(Limited), the Public Service, for the financial yenI's ending re·
An Act further to amend the Act respecting the spectively the; ::lOth J nne, 1890, and the 30th June,
Inland Revenue, chapter thirty-foul' of the ReYised 18m, and fOl' other lJUl'POS~ relating to the Public
Stlc1.tute:;, Service,'
An~ct to amenel fC The Interpretation Act. >I "to 'which Bill I humbly reqlle.'!t YOllr Excellency's
An Act respecting the Department of the Geolo- assent·. "
gical Survey.
An Act to bcilit~'\te the purcha..«e by the Pontiac .To this Bill the Royal Assen t was signi-
PacIfic .Tunction Railway Company from the Oana-
dian Pa-cific Railway Company of the Branch Lille of fied in the following words:-
Railway between Hull and Aylmer. . « In Her Majesty's name, His Excellency the Gov-
.An Act respecting the Ontario Pacific Railway ernor General thunks Her Loyal Sub~ects accepts
. Company. . their benevolence, and assents to thi!;l B1U."
An Act to confer on the Commissioner of Patents
certain powers for the relief of George T, Smith, After which His Excellency the Gover.
An Act respecting the Hereford Railway Company nol' General was pleased to close the
and the Maine Central Railway Company.
An Act relating to Bills of Exchange, Oheques and Fourth Session of the Sixth Padiament
Promissory Notes. of the Dominion with the following
An Act further to amend the Criminal Lrr.w,
An Act to amend H 'l'he Indian Advancement Act,:' SPEEOH:
chapte:r forty-foul' of the Revjfoed Statutes.
An Act to amend "The Gas Inspection Act," cha1)' HCtroo]'(cUc (Jenae-men of the Smate:
tel' one hlmdl'ed and one of the Revised Statute-.s. (l-tntle)Jtc-n of the Ho-use of C0'7;nnCtJl.s:
An Act respecting Railways.
~n Act to nmend "'1'he Senmen's Act," chal)ta' In bringing to a close this somewhat protracted
!;eventy-fotlr of the Revised Statutes. Session of Parlio.ment I desire to convey to YOll my
An Act to ttmend "The Steamboat Inspection. Act," best thanks for the dilirrence with which you have
chapter seventy-eight of the Rflvisoo SL'1tut-es. applied YOlll'3elveH to YO~l~ importa.nt duties.
An Act· fmther to amend the Revised Statutes, The nogotiations l't'-specting the Behring Sea Ques-
chapt-er five, respecting the Electoral Franchise, tion are still in progress at \Vasllingt-on with good
An Act respecting certain Savings Banks in the prospects of an equitable settlement. Meo.nwllile, the

I
Province of QuebeC', contmnance for another year of what .is known M>
An Act respecting a cel't..lin agreement therein the· 11[od-us Yi"1'C'ltdi will serve to show our ea.1'llest
mentioned with the Calgary and Edmonton Railway de-.slre to cultivate the most friendlyrelu.tione with the
Company. United States Government and the people.
An Act to amend -the Acts respecting the Harbor The re-adjustment of the Oustoms Tariff, intended
of "Pictou. ~ to promote the development of Ollr agIicultural, man- ~
 ACTS
OF THE

PARLLAMENT
OF THE

DOlVIINION OF CANADA
PASSim IN THl': SESSIOX HETJD lX THE

FIFTY·FIFTH AND FIFTY·SIXTH YEARS OF THE REIGN OF HER )!AJES'lY"

QUEEN VICTORIA
DElSG THE

SECOND SESSION OF THE SEVENTH PARLIAMENT

Begun and holden at Ottawa, on the Twenty-fifth day qf February, and closed
by Pro1'ogation on the Ninth day qf Jv.ly, 1892

HIS EXCELLEXCY

TilE RIGHT HO~OCRABLE SIlt FREDERICK ARTHUR STA~LEY, BAilON STANLEY 011 PRESTO~
GOVERNOR GENERAL

VOL. I
PUBLIC GENERAL AOTS

OTTA W A
PRIN'I'ED BY SAMUEL EDWARD DAWSON
LA IV PRINTER TO THE QUEEN'S MOST EXCELLENT MA.JESTY
ANNO DOMINI 1892

HeinOnline -- 1892 vol. I 1 1892

 rrhe Criminal Code, 1892.
[55-56 VlOT., c. 29.1

ARRANGEME~T Ol~ 'l'I'l'LES.

TIT L E 1. Introductory provisions.

II. Offences against public order, internal and ex-
ternal.
III. Off'ences affecting the administration of law and
justice.
IV. Offences against religion, morals and public con-
venience.
V. Offences against the person and reputation.
VI. Offenccs against rights of property and rights
arising ont of contracts, and offellces con-
nected with trade.
VII. Procedure.
VIII. Proceedings after conviction.
IX. Actions against persons administering the crim-
inallaw.
X. Repeal, &c.
SCHEDULE 1. ]i'm·ms.
2. Table of Acts repealed.
APPENDIX, Acts and parts of Acts which are not affected
by this Act.

107

HcinOnlillc~· 1892 vol. I 107 1892

 (ThcJ!'Ulfrcs denote the lXlUes Ichtck arc numbered (tt the bottom.)

TABLE OF CONTENTS.
TITLE I.

INTRODUCTORY PROVISIONS.
PART 1.

PRELIMINARY.
SECT. PAGE.
1. Short title ........................................................................ 137'
2. Commencement of Act ......................................................... 137
3. Explanation of terms ........................................................... ]37
4. Meaning of expressions in other Acts retained ........................ 142
5. Offence against statutes of England, Great Britain or the United
Kingdom ........................................................................ 142
6. Consequences of committing offence ....................................... 143

PART II.

MATTERS OF JUSTIFICATION OR EXCUSE.

7. General rule under common law ......... : ................................ 143

8. General rule under this Act ... ...... ......... ......... . ................ ...... 143
9. Children under seven.......................................................... 143
10. Children between seven and fourteen ................................. 143
11. Insanity ........................................................................... 143
12. Compulsion by th"eats ........................................................ 144
13. Compulsion of wife ........................................................... 144
14. Ignorance of the law ........................................................... 144
15. Execution of sentence ...... : ................................................ 144
16. Execution of proce.ss .......................................................... 144
17. Execution of warrants ......................................................... 144
18. Execution of erroneous sentence or process .............................. 145
19. Sentence or process without jurisdiction ................................. 145
20. Arresting the wrong person. ........ .... ..... .............. ......... ......... 145
21. Irregular wanant or process ................................................. 146
22. Arrest by peace officer in case of certain offences ....................... 146
23. Persons assisting peace officer ...... ........... ....... ......... . .......... 146
24. Arrest of persons found committing certain offences .................. 146
25. Arrest after commission of certain offences ............................. 146
VOL. 1-9 109 20.
HeinOnlinc -~ 1892 vol. I 109 1892
4 TilE ORl~nNAL CODE, 1892.
SEOT. PAGE.
26. Anest. of person believed to be committing certain offences by
. night ......... .................... ...... .. ......................................... 146
27. Arrest by peaoe officer of person found committing offence ......... 146
28. Anest of person found committing any offence at night.. .......... 146
29. Arrest during flight.. ............................................................. 147
30. Statutol'y power of arrest .......................................................... 14'7
31. Force used in executing sentence 01' process or in arrest ................. 147
32. Duty of persons arresting ........................................................... 14'7
33. Peace officer preventing escape from arrest for certain offences ... 147
34. Private person preventing escape from arrest for certain offences .. 147
85. Preventing escape from arrest in other cases ............................. 148
36. Preventing escape or rescue after arrest for certain offences ........ 148
37. Preventing escape or rescue after arrest in other cases ............... 148
38. Preventing bl'each of the peace ............................................... 148
. 39. Prevention by peace officers of breach ofthe peace ................... 148
..10. Suppression of riot by magistrates ......................................... 149
41. Suppression of riot by persons acting under lawful orders ......... 149
42. Suppression of riot by persons without orders ......................... 149
43. Protection of persons subject to military law ........................... 149
44. P"evention of certain offences ............................................... 149
45. Self·defence against unprovoked assault ................................. 150
46. Self·defence against provoked assault ...................................... 150
47. Prevention of insult ............................................................ 150
48. Defence of movable property against trespasser ........................ 150
49. Defence of moyable property with claim of right...... .... ........... 151
50. Defence of movable property without claim of right .................. 151
61. Defence of dwelling.house ................................................... 151
52. Defence of dwelling.house at night ........ ........ ............ ....... 151
63. Defence of real property ................................. ;.................... 151
54. Assertion of right to house or land ........................................ 151
65. Discipline of minors ............................................................. 152
56. Discipline on ships ............................................................ 152
57. Surgical operations...... ....... .. ........................................... 152
58. Excess ........................................................................... 152
59. Consent to death ................................................................ 152
60. Obedience to de facto law ..................................................... 152

PART Ill.

PARTIES TO THE COlllMISSION OF OFFENOES.

61. Parties to offences ............................................................... 152
62. 0 trence committed other than the offence intended.................. 153
63. Accessory after the fact .................... " .................................... 153
64. Attempts ........................................................................... 153

110 TITLE

HeinOnline ++ 1892 vol. I Ito 1892

 TABLE OF CONTENTS. 5

TITLE II.

OFFENOES AGAINST PUBLIC ORDER, INTERNAL AND

EXTERNAL.
PART IV.

TREASON AND OTHER OFFENCES AGAINS1' THE QUEEN'S AUTHORITY

AND PERSON.
SECT. PAGE.
M. Treason. c............................................................................. , 154
66. Oonspiracy ......................................................................... 155
67. Access01'ies after the fact...... ......... ...... ......... ...... ......... ......... 155
68. Lel'ying war by subjects of a state at peace with Her Majesty-
su bjects assisting...... ...... ...... ...... ....... ............................... 155
69. Treasonable offences ............................................................. 155
70. Oonspiracy to intimidate a legislature ................... ~ ............... 156
71. Assaults on the Queen........................... ......... ....... .... ........ 156
72. Iuciting to mutiny .............................................................. 156
73. Enticing soldiers or sailors to deser!................................. ......... 156
74. l~esisting execution of warrant for arrest of deserters ................. 157
75. Enticing militiamen or members of the North·west mounted
police force to desert......... .. ....... ......... .................. ............. 157
76. Interpretation .................... : ................................................. 157
77. Unlawfully obtaining and communicating official information ... 157
78. Oommunicating information acquired by holding office ............. 158

PAR'I'V.

UNT,AWFUL AssEMBLms, RIOTS, BREACHES OF 'THE PEACE.

'T9. Definition of unlawful assembly ........................................... 159
~O. Definition ofriot. ................................................................. 159
81. Puuishment of unlawful assembly ......................................... 159
82. Punishment of riot ................................................................ 160
83. Readin¥.the. Ri?t ~ct ................. :........................................... 160
84. Duty otJustlCe If rIOters do not dlSpel'Se ................................... "160
85. Riotous destruction of buildings ..................... :...................... 161
~6. Riotous damage to buildings ................................................ 161
87. Unlawful drilling .............................................................. 161
88. Being unlawfully drilled ..................................................... 161
89. Forcible entry and detainer .................................................. 162
90. Affray ................................................................................ 162
91. Ohallenge to fight a dueL ..................................................... 162
92. Prize·fighting defined.. ..... ........ ....... ............................. ...... 162
n3. Ohallenging to fight a prize·fight, &c .................................... 162
94. Engaging as principal in a prize·fight.. .................................. 162
95. Attending or promoting a prize·fight.. ...................................... 163
96. Leaving Uanada to eng!,ge in a prize·fight ................................ 163
97. Where the fight is not a prize. fight-discharge or fine ............... 163
i18. Inciting Indians to riotons acts ............................................. 163
VOL. I-9f 111 PART

HeinOniine -- 1892 \'01. I III 1892

6 THE CRIMINAL CODE, 1892.

PART VI.

UNLAWFUL USE AND POSSESSION OF EXPLOSIVE SUBSTANCES AND

OFFENSIVE WEAPONS.-SALE OF LIQ,UORS.
SECT. .PAGE.
99. Causing dangerous explosions ............................................... 163
100. Doing anything, or possessing explosive sUQstances, with intent
to cause dangerous explosions ......................................... :... 164
101. Unlawfully making 01' possessing explosive substances .............. 164
102. Having possession of arms for purposes dangerous to the public
peace ............................................................................ 164
r08. Two or more persons openly ca1'1'ying dangerous weapons so as
. to cause alarm........ ...... ......... ......... ......... .... ........ ........... 164
104. Smugglers carrying offensive weapons ..................................... 164
105 Carrying a pistol or air·gun without justification.................... 164
106. Selling pistol or air·gun to minor .......................................... 165
107. Having weapons on person when arrested ............................... 166
108. Having weapons on the perSall with intent to injure any person .. 166
109. Pointing any firearm at !\ny person ......................................... 166
110. Carrying offensive weapons about the person ............................. 166
111. Carrying sheath·knives in seaports ........................................ 166
112. Exception as to soldiers, &c ..................................................... 166
118. nefusing to deliver offensive weapon to a justice ........................ 167
114. Coming armed within two miles of public meeting .................. 167
115. Lying in wait for persons returning from public meeting.......... 167
116. SaJe of arms ill the North·west Territories ............................... 167
117. Possessing weapons near public works ................................... 168
118. Sale, &c., of liquors near pUblic works .................................... 168
119. Intoxicating liquors on board Her Majesty's ships ..................... 169

PART VII.

SEDITIOUS OFFENCE$.
120. Oaths to commit certain offences ............................................ 169
121. Other unlawful oaths ........................................................... 169
122. Compulsion ill administering and taking oaths .......................... 170
123. Seditious offences defined ..................................................... 170
124. Punishment of seditious offences ............................................. 170
125. Libels on foreign sovereigns ................................................... 170
126. Spreading false news... ................. ................ ..................... 171

PAnT VIII.

PIRACY.
127. Piracy by the law of nations..... ............... ......... ......... ........ 171
12~. Piratical acts................... ..... ......... ......... ...... ............... ...... 171
129. Piracy with violence ............................................................ 172
130. Not fighting pirates ............................................................. 172

112 TITLE
HcinOnline -- 1892 vol. I 112 1892
 TABLE OF CONTENTS.

TITLE III.
OFFENOES AGAINST THE ADMINISTRATION OF LAW AND
JUSTICE.
PART IX.

OORRUPTION AND DISOBEDIENCE.

SECT. PAGE.
131. Judicial corruption ......... ................. ...... ............. ..... ............ 172
132. Oorruplion of officers employed in prosecuting offenders ........... 173
133. Frauds upon the government .. , .......................................... 173
134. Other consequences of conviction for any such offence ...... , ........ 175
136. Breach of trust by public officer ............................................ 175
136. Oorrupt practices in municipal affairs ..................................... 176
137. Selling office, appointment, &c ............................................ 176
138. Disobedience to a statute......... ........ ........ ...... ....... ................ 177
13H. Disobedience to orders of court .............................................. 177
140. Neglect of peace officer to suppress rioL ................................. 177
141. Neglect to a~d peace officer .in suppl:essing rioL ............. '" ...... 177
142. Neglect to ald peace officer III arreshng offenders ..................... 178
143. Misconduct of officers intrusted with execution of writs......... ... 178
144. Obstructing publio or peace officer in the execution of his duty ... 178

PART X.

MISLEADING JUSTICE.
145. Perjury defined...... ..... .. ................................................... 178
146. Puuishment of perjury ........................................................ 179
147. False oaihs ......................................................................... 179
148. False statement, wilful omi"sion in affidadt, &c ................... 179
149. Making false affidavit out of pl'odnce in which it is used ........... 180
150. False statements ..... ... .......................................... ......... ........ 180
101. Fabricating evidence....... ............ ................ ............. ........ ......... 180
152. Conspiring to bring false accusations .................................... 180
153. Administering oaths without authority ..................................... 180
154. OOl'l'uptiug juries and witnesses ............................................. 181
155. Oompounding penal actions ................................................ 181
166. Corruptly taking a reward for helping to reoover stolen property
without using diligence to bring offender to triaL ................ 181
157. Unlawfully advertisin\5 a reward for return of stolen pl'operty ... 181
158. Signing false declaratlOn respecting' execution of judgment of
death ............................................................................. 182

PART XI.

ESCAPES AND RESCUES.

159. Being at large while und!'r sentence of imprisonment ............... 182
160. Assisting escape of pl'isoners of war ............................................ 182
161. Breaking prison .................................................................. 182
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162. Attempting to break prison ................................................... 182
163. Escape from custody after conviction 01' from prison .................. 183
11i4. Escape from lawful custody... ........... ............................ ......... 183
165. Assisting escape in certain cases...... ................. ......... ....... 183
166. Assisting escape in other cases .............................................. 183
167. Aiding es~ape from prison ................................................ ; .. 183
168. Unlawfully procuring discharge of prisoner ............................ 183
169. How escaped prisoners shall be punished .................................. 184

TITLE IV.
,Q'.FFENCES AGAINST RELIGION, MORALS AND PUBLIC
CONVENIENCE.
PART XlI.

OFFENOES AGAINST RELIGION.

170. Blasphemous libels......... ......... ...... ......... ...... ...... ................ 184
171. Obstructing officiating clergyman .......................................... 184
172. Violence to officiating clergyman ....... .. .............................. 184
173. Disturbing public worship .................................................... 185

PART XIII.

OFFENCES AGAINST MORALITY.

174. Unnatural offence...... ..... .... ......... ......... ......... ......... ...... ...... 185
175. Attempt to commit sodomy.................. ......... ................... ..... 185
1'16. Incest. ............................................................................. 185
177. Indecent acts ....... ........ ......... ...... ...... ......... ......... ...... ...... 185
178. Acts of gross indecency ........................................................ 186
179. Publishing obscene math'r ................................................... 186
180. Posting immoral books, &c. ......... ... .......... ..... ............ ....... 186
1H1. Seduction of girls under sixteen ............................................ 187
182. Seduction under promise of marriage .................................... 187
183. Seduction of a ward, serYant, &c ......................................... 187
IH4. Seduction of females who are passengers on vessels .................. 187
185. Unlawfully defiling women ................................................. 187
186. Parent or guardian procuring defilement of girL ...................... 188
187. Householders permitting' defilement of girls on their premises ..... 188
188. Conspiracy to defile ................ :................... ......... ......... ...... 189
189. Carnally knowing idiots, &c ............................................... 189
190. Prostitution of Indian women ............................................... 189

PART XIV.

NUISANCES.
191. Oommon nuisance defined ....................... " .......................... 189
192. Oommon nuisances which are criminal. ................................. 190
1U3. Oommonnuisances which al'e not criminaL ... ; ... " ................ 190
114 194.

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 TABLE OF CONTENTS. 9
SEOT. PAOE.
194. Selling things unfit for food ................................................. 190
195. Common bawdy·house defined ............................................. 190
196. Common gaming·house defined ............................................. 190'
197. Common betting·house defined ............................................. 190
198. Disorderly houses ................................................................ 191
199. Playing or looking on in gaming·house ................................. 191
200. Obstructing peace officer entering a gaming·house ................... 191
201. Gaming in stocks and merchandise ....................................... 191
!l02. Habitually frequenting places where gaming in stocks is carried
on ................................................................................ 192
203. Gambling in public conveyances ........................................... 192
204. Betting and pool·selling ..................................................... 193
205. Lotteries ............................................................................ 193
206. Misconduct in respect to human remains ................................. 194

PART XV.

VAORANOY.
207. Vagrant defined............ ..... ............ ...... ......... ...... ......... ..... 195
208. Penalty for vagrancy........................................................... 196

TITLE V.
OFFENCES AGAINST THE PERSON AND REPUTATION.
PART XVI.
DUTIES TENDING TO THE PRESERVATIC)N OF LIFE.
209. Dnty to provide the necessaries of life .................................. .. 196
210. Duty of head of family to provide necessaries ....................... .. 196
211. Duty of masters to provide neceBsal·ies ................................... . 196
212. Duty of persons doing dangerous acts .................................. . 197
213. Duty of persons in charge of dangerous things ...................... .. 197
214. Duty to avoid omissions dangerons to life ............................. .. 197
215. Neglecting duty to provide necessaries ................................. .. 197
216. Abandoning children under two years of age .......................... . 197
217. Causing bodily harm to apprentices or serYants .................... .. 197

PART XVII.
HO:llIOIDE.
218. Homicide defined ............................................................. 198
219. When a child becomes a human being ................................... 108
220. Culpable homicide .............................................................. 198
221. Procuring death by false evidence .......................................... 198
222. Death must be within a year and a day .................................. 198
223. Killing by influence on the mind .......................................... 198
224. Accelel'ation of death .......................................................... 1[18
225. Causing death which might have been prevented ................... 199
226. Causing injury the treatment of which causes death ................ 199
115 PART

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PART xvnI.
MURDER, MANSLAUGHTER, &C.
SEOT. PAGE.
22~. Definition of murder ............................................................ 199
228. Further definition of murder ................................................. 199
2:19. Provocation ...................................................................... 200
230. Manslaughter .................................................................... 200
281. Punishment of murder ........................................................... 200.
232. Attempts to commit murder ................................................. 200
233. Threats to murder ............................................................... 201
234. Conspiracy to murder ........................................................ 201
235. Accessory after the fact to murder ......................................... 201
286. Punishment of manslaughter ................................................. 201
23~. Aiding and abetting suicide..... ............................ .............. 201
238. Attempt to commit suicide ..... ......... ......... ... .. .................. 201
239. Neglecting to obtain assistance in childbirth .......................... 201
240. Concealing dead body of child......... ...... ......... ..................... 202

PART XIX

BODILY INJURIES, AND ACTS AND O~!lSSION$ OAUSING DANGER

TO THE PERSON.
241. Wounding with intent.. ...................................................... 202
242. Wounding, ....................... to . . . . . . . . . . . . . . . . . . . . . . . . . I I . . . . . . . . . . . . . . . . . Of 202
248. Shooting at Her Majesty's vessels-wounding customs or inland
revenue officers., ............................................................ 202
244. Disabling or administering drugs with intent to commit an indict-
able oflimce ..................................................................... 202
245. Administering'poison so as to endanger life ............................. 203
2!6 Administering poison with intent to injure ........................... 203
2!~. Causing bodily injuries by cxplosives .................................... 203
248. Attempting to cause bodily injuries by explosives .................... 203
249. Settin~ spring-guns and man-traps.......... .......... ........ . . .. 203
250. IntentIOnally endangering the safety of persons on railways ...... 204
251. Negligently endangering the safety of persons on railways ........ 204
252. Negligently causing bodily injury to any person ..................... 204
253. Injuring persons by furious driving ....................................... 204
254. Preventing the saving of the life of any person shipwreoked....... 205
255. Leaving holes in the ice and excavations unguarded ................ 205
256. Sending unseaworthy ships to sea.................... .. .................. 205
25~. Taking unseaworthy ships to sea....... ...... ...... ..... ............ ..... ~06

PART XX.

ASSAULTS.
258. Assault defined ................................................................. 206
259. Indecent assaults on females .................................................. 206
260. Indecent assaults on males ................................................... 206
~61. Consent of child under fourteen no defenoe ........... "..... ............ 207
1W 26~

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262. Assaults causiug actual bodily harm ..................................... 207
263. Aggrayated assault ............................................................. 207
264. Kidnapping.................. ................................................... 207
265. Oommon assaults ............................................................... 207

PAR'l' XXI.

RAPE AND PROCURING ABORTION.

266. Rape defined.......................................... .... ..................... 208
267. Punishment for rape ........................................................... 208
268. Attempt to commit rape ....................................................... 208
269. Defiling children under fourteen .......................................... 208
270. Attempt to commit such offence ........................................... 208
271. Killing unborn child.................. ...... . .............. ......... ........... 208
272. Procuring abortion......... .................................................. . 208
273. Woman procuring her own miscarriage ................................ 209
274. Supplying means of procuring abortion ................................ , ... 209

PAR'l' XXII.

OFFENCES AGAINST OONJUGAL AND PARENTAL RlGHTS--BIGAMY-

ABDUOTION.
215. Bigamy defined ..... ; ....................................................... ; ... 209
276. Punishment of bigamy ........................................................ 210
277. Feigned marriages ............................................................... 210
278. Punishment of polygamy..... . ............................................ 210
279. l::lolemnization of marriage without lawful authority ................. 211
2HO. Solemnization of mari'iage contrary to law ............................... 211
281. Abduction of a woman ..................................................... 211
282. Abduction of an heiress ........................................................ 211
283. Abduction of girl under sixteen ............................................. 212
284. Stealing children under fourteen ......................................... 212

PART XXIII.

DEFAMATORY LIBEL.

285. Defamatory libel defined...... ......... .. ................................... 212

~86. Publishing defined.................. ............. .. ........................... 212
287. Publishing upon invitation .................................................. 212
288. Publishing in COUTts of justice .............................................. 213
289. Publishing parliamentary papers .......................................... 213
290. Fair reports of proceedings of parliament and cOUTtS .............. ;... 213
291. Fair }'eport of proceedings of public meetings ........................... 213
292. Fair discuRsion ................................................................ 213
293. Fair comment. ....... c......................................................... 213
294. Seeking l'emedy for grievance ................................................ 214
295. Answer to inquiries ............................................................ 214
296. Giviug information......... ......... . ...................................... 214
297. Selling periodicals containing defamatory libel. ....................... 214
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298. Selling books containing defamatory matter ............................ 215
299. When truth is a defence ...................................................... 215
800. Extortion by defamatory libel.. .............................................. 215
301. Punishment of defamatory libel known to be false .................... 215
302. Punishment of defamatory libel.. .......................................... 215

TITLE VI.

OFFENOES AGAINST RIGHTS OF PROPERTY AND RIGHTS

ARISING OUT OF qONTRAOTS AND OFFENOES
OONNEOTED WITH TRADE.
PAR1' XXIV.
THEFT DEFINED.
BOB. Things capable of being stolen .................. , ........................... 216
304. Animals capable of being stoleu ............................................. 216
305. Theft defined ..................................................................... 217
306. Theft of things und"r seizure ................................................ 217
307. 'I'heft of animals............ ............... ... ...... ......... ......... ...... ...... 217
308. Theft by agent ................................................................................ 217
809. Theft by pm'son holding a power of attorney ................................. 218
310. Theft by misappI'opriating proceeds held under direct.ion............. 218
311. 'l'hert by co·owner ................................................................................. 219
312. Ooncealing gold or silver with intent to defl'aud partner in claim 219
313. Husband and wife .............................................................. 219

PAR'f xxv.
RECEIVING STOLEN GOODS.
814. Receiving property dishonestly obtaiued ................................ 219
315. Receiving stolen post lettel' 01' post letter bag .......................... 219
316. Receiv.in~ property obtained by offence punishable on summal'Y
convIction ..................................................................... 220
317; When receiving is complete .................................................. 220
818 Receiving aftel' restoration to owner...................................... 220

PAR1' XXVI.

PUNISHMENT OF THEFT AND OFFENCES RESEMBI.!NG THEFT COMMITTED

BY PARTICULAR PERSONS IN RESPECT OF PARTICULAR
THINGS IN PARTICULAR PLACES.
819. Olel'ks and servants ........................................................... '220
820. Agents and attorneys ............................................................. 221
821 Public servants refusing to deliver up chattels, moneys or books,
&c., lawfully demanded of them .......................................... 221
822. Tenants and lodgers............. ..... ......... ......... ....... ............................. 221
323. Testamentary instruments ..................................................... 221
118 324.
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324. Document of title to lands .................................................... 221
325 . .rudicial or official documents ................................................ 22 t
3215. Stealing post letter bags, &c ................................................. 221
321. Stealing post letters, packets and keys .................................... 222
B2d. Stealing mailable mattel' other than post lettel·s....... .. ............ 222
329. Election documents ........................................................... 222
330. Railway tickets ..................................... : ............................ 222
331. Cattle...... .......... .................. ...... ..... ..... .. ................... 222
332. Dogs, birds, beasts and other animals ...................................... 222
333. Pigeons.......................................................... ......... ........ 223
334. Oysters............. ................. ........ ...... .. .. ...................... .... 223
33i\. ThiJ,lgs fixed to buildings or to land ...................................... 223
336. Trees in pleasure grounds, &c., of five dollars' value-trees
elsewhere oftw.enty-five dollars' value ................................. 223
331. 'l'rees of the value of twenty-five cents ................................... 224
33~. Timber found adrift ............................................................ 224
339. Fences, stiles and gates ....................................................... 224
340. Failing to satisfy justice that possession of tree, &c., is lawful... 224
341. Roots, plants, &c., growing in gardens, &c............. ......... .............. 225
342. Roots, plants, &c., 'growing elsewhere than in gardens, &c ......... 225
34$. Ores of metals ..................................................................... 225
344. Stealing from the person...... .......... .............. .......... . ........... 225
$45. Stealing in dwelling.houses .................................................. 226
346. Stealing by picklocks, &c ................ : .................................... 226
341. Stealing in m!Lnufactories, &c ............................................ 226
348. Fmudulently disposing of goods intrusted fol' manufacture ........ 226
349. Stealing from ships, wharfs, &c...... ..................................... 226
350. Stealing wreck ............................................... , .................. 227
351. Stealing on railways ........................................................... 227
352. Stealing things deposited in Indian graves ............................. 227
353. Destroying, &c., documents ................................................... 227
354. Concealing .......................................................... , .............. 227
3.i5. Bringing stolen pl'operty into Canada..................................... 227
356. Stealing things not otherwise provided for......... ........ .......... 227
357. Additional pnnishment when value of property exceeds two
hundred dollars. ........................... ....... .................. 227

PAR'£ XXVII.

OBTAINING PRUPERTY BY FALSE PRETENSES AND OTHER CRIi\!INAL FRA11I>S

AND DEALINGS WITH PROPERTY.

358. Definition offalse pretense ...... :........................................... 228

359. Punishment offalse pretense ............................................... 228
360. Obtaining execution of valuable security by false pretense ........ 228
361. Falsely pretending to enclose money, &c., in a lettOl· ................. 228
362. Obtaining passage by false tickets .......................................... 228
368. Criminal breach of !t·ust.............. .. ........................ :............ 229

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14 THE CRIMINAL CODE, 1892.

PART XXVII!.

FRAUD.
SECT. PAUlL
364. False accounting by official........................................ .......... 229
365. False statement by official. ................................................... 229
866. False accounting by clerk ....................................................... 229
367. False statement by public officer ............................................. 230
868. Assigning property with intent to defraud creditors .................. 230
369. Destroying or falsifying books with intent to defraud creditors ... 230
870. Ooncealing deeds or encumbrances or falsifying pedigrees .......... 230
371. Frauds in respect to the registration of titles to land ................. 230
372. Fraudulent sales of property ........................................... ; ....... 231
373. Fl'audulent hypothecation ofreal property .............................. 231
374. Fraudulent seizures ofland ................................................. 231
375. Unlawful dealings with gold and silver ....... :......................... 231
3'7.6. Warehousemen, &c., giving false receipts-knowingly using the
same ........................................................................................ 232
377. Owners of merchandise disposing thereof contral'y to agreements
with consignees who have made advances thereon ................ 232
378. Making false statements in receipts for property that can be used
under "1'he Bank Act "-fraudulently dealing with property
to which such receipts refer ......................................................... 233
379. Innocent partners ........... , ..................................................... 233
38). Selling vessel or wreck not haying title thereto ......................... 233
381. Other offences respecting wrecks ................................................. 233
382. Offences respecting old marine stores ........................................ 234
888. Definitions ........................................................................... 234
384. Marks to be used on public stores .......................................... 234
385. Unlawfully applying marks to public stores ........................... 235
386. Taking marks from public stores......... ...... ......... .......... ........ 235
3;7. Unlawful possession, sale, &c., of public stores ......................... 235
388. Not satisfying justices that possession of public stores is lawful.. 235
389. Searching for stores near Her Majesty's yessels ........................ 236
390. Receiying regimental necessaries, &c., from soldiers or deserters. 236
~!,1. Heceiving, &c., necessaries from mariners 01' deserters ............... 236
392. Receiving, &c., a seaman's property ........................................ 237
303. Not satisfying justice that possession of seaman's propert)' is
lawful. ........................................................................... 237
3M. Oonspiracy to defraud ................................ , ............................ 237
395. Oheating at play ................................................................. 238
396. Pretending to practise witohcraft ...................................................... 238

PART XXIX.
ROBBERY AND EXTORTION.

397. Robbery defined ................................................................. 238

398. Punishment of aggravated robbery ....................................... 238
399. Punishment of robbery ....................................................... 238
400. Assault with intent to rob .................................................... 238
401. Stopping the mail..................... ................... ..... ......... ......... 238
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41)2. Compelling execution of documents by force ............... , ........... 239
403 Sending lett~r demanding propel·ty with menaces .................... 239
404. Demanding with intent to steaL ...... , .................................... 239
405. Extortion by certain threats .................................................. 239
406. Extortion by other threats .................................................... 240

PART XXX.

BURGLARY AND HOUSEBREAKING.

40'1. Definition of dwelling-house, &0 ........................................... 240
408. Breaking place of worship and committing offence................... 241
409. Breaking place of worship with intent to commit offence ........... 241
410. Burglal'y defined ................................................................ 241
411. Housebreaking and committing an indictable offence ............... 241'
412. Housebreaking with intent to commit an indictable offence ........ 241
413. Bl'eaking shop and committing an indictable offence................. 241
414. llreaking shop with intent to commit an indictable offence......... 241
415. Being found in dwelling-house by night ..... ...... .... .. ............. 242
416. Being lound armed with intent to break a dwelling·house ......... 242
41'1. Being disguised or in possession of housebreaking instruments... 242
418. Punishment after previous convictlon .................................... 242

PAR'r XXXI.

FORGERY.
419. Document defined ........... _................................................... 242
420. "Bank note, " and" exchequer bill " defined .......................... 242
421. False document defined ....................................................... 243
422, Forgery defined......... ........ ....................................... ........ 243
423. Punishment of forgery ............................. ; .......................... 244
424. Uttering forged documents ................................................... 247
'425. Counterfeiting seals ................................................... ; ........ 247
426. Counterfeiting seals of COUTts, registry offices, &c ..................... 247
42'1. Unlawfully printing proclamation, &c .................................... 247
428. Sending telegrams in false name........................................... 247
429. Sendinll' false telegrams....................................................... !l47
430. Possessmg forged bank notes ............................................. , 248
431. Drawing document without authority .................................... 248
432. Using probate obtained by forgery or perjury ............ , ............. 248

P AR'l' XXXII.

P:REPARATION FOR FORGERY AND OFFENOES RESEMBLING FORGERY.

483. Interpretation of terms ......................................................... 248

434. Instruments of forgery .......................................................... 248
435. Counterfeiting stamps ............................................. , ........... 249
436. Falsifying registers .._.......................................................... 250
437. Falsifying extracts from registers .......................................... 250
438. Uttering false certificates ...................................................... 251
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489. Forging certificates ............................................................. 251
440. ~lakin.\l' fa~se entries ~n. books relating to public funds ............... ~51
441. Clerks IssUIng false dIvIdend warrants ..................................... 52
442. Printing circulars, &c., in likeness of notes .............................. 252

PART XXXIII.
FORGERY OF TRADE MARKS-FRAUDULENT MARKING OF MERCHANDISE.
448. Definitions........................................................................ 252
444. Words or marks on watch cases ............................................. 254
445. Definition of forgery of a trade mark...... ............ ...... ... .. ......... 254
446. A pplying trade marks to goods ............................................. 254
44'7. Forgery oftrade marks, &c................................................. 254
448. Selling goods falsely marked-defence ................................... 255
449. Selling bottles marked with trade mark without consent of owner. 255
450. Punishment of offences defined in this part ............................. 255
451. Falsely representing that goods are manufactm'ed for Her
MaJesty, &c ..................................................................... 256
..152. Unlawful importation of goods liable to forfeiture undeI·this part. 256
458. Defence where person charged innocently in the ordinal'y course
of business makes instruments for forgIng trade marks ........... 256
454, Defence where offender is a servant ....................................... 256
455. Exception respecting trade description lawfully applied to goods
on 22nd May, 1888, &c ...................................................... 257

PART XXXIV.
PERSONATION.
456. Personation ........................................................................ 257
45'7. Personation at examinations................................................. 257
458. Personation of certain persons .............................................. 257
459. Acknowledging instrument in false name ............................... 258

PART XXXV.
OFFENCES ·RELATING TO THE OOIN.
460. Interpretation of terms ......................................................... 258
461. When offence completed ....................................................... 259
462. Counterfeiting coins, &c ...................................................... 259
468. Dealing in and importing countel'fait coin ............................... 259
464, :Manufacture of copper coin and importation of uncurrent copper
coin ................................................... :........................... 260
465. Exportation of countCl·feit coin ............................................. 260
466, Making instruments for coining ............................................. 260
46'7. Bringing instruments for coining from mints into Canada ......... 261
4ti8. Clipping current gold or silver coin ...................................... 261
468. Defacing current coins............................ .. ......................... 261
4'10. Possessing clippings of c:mrrent coin ..................................... " 261
4'71. Possessing counterfeit coins .................................................. 261
122 4 i2.
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472. Offences respecting copper coin ............................................. 261
47B. Offences respecting foreign coins........................................... 262
474. Uttering counterfeit gold or silver coins ............ ",,,,,, .............. , 262
475. Uttering light coins, medals, counterfeit copper coins, &0 .......... 262
4'76. Uttering defaced coin ........................................................... 263
47'7 . Uttering UnCUl'ren t copper coins ................... "" ...... .. .. .. ... .. .. , 263
478. Punishment aftel' previous conviction .................................... 263

PART XXXVI.
ADVRRTISING COUNTERFEIT MONEY.
479. Definition .......................................................................... 263
480. Advertising counterfeit money, and other offences connected
therewith .............................................................. """"" 263

PART XXXVII.
MIscHmF.
481. Preliminary ....................................................................... 264
482. Arson ...................................................................... " .... , 264
483. Attempt to commit arson ...................................................... 265
484. Setting fire to Cl·OpS ............................................................ 265
485. Attempt to set fire to crops .................................................. 265
486. Recklessly setting fire to forest, &c ........................................ 265
487. Threats to. burn, &c ............................................................ 265
488. Attempt to damage by gunpowder ........................................ 266
489. Mischief on railways.................................... ........................ 266
490. Obstrncting railways ........................................................... 266
491. InjUl'ies to packages in the custody of railways ......................... 266
492. InjUl'ies to electric telegraphs, &c .......................................... 267
498. Wrecking ........................................................................... 267
494. Attempting to wreck ........................................................... 267
495. Interfering with maTine signals ............................................. 267
496. Preventing the saving of wrecked yessels or wreck ................... 267
497. InjUl'ies to rafts of timbel' and works used for the transmission
thereof........................................................ . ................... 268
498. Mischief to mines ............................................................... 268
499. Mischief. ........................................................................... 268
500. Attempting to injure or poison cattle ...................................... 270
501. Injuries to other animals ..................................................... 270
502. Threats to iI\iure cattle ........................................................ 270
503. Injuries to poll·books, &c ................................. ; .................... 270
504. Injmies to buildings by tenants.............................. ... ........... 271
505. Injmies to land mm'ks indicating municipal divisions .............. 271
506. Injuries to other land marks ................................................. 271
507. Injm'ies to fences, &c ........................................................... 271
508. Injuries to trees, &c., wheresoever growing ............................ 272
509. Injuries to vegetable productions growing.in gardens,&c .......... 272
510. Injuries to cultivated roots and plants growing elsewhere ......... 272
511. Illj 1lTies not otherwise provided for ....................................... 272
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18 THE CREI[]NAL CODE, 1892.

PAR'r XXXVIII.

ORUELTY TO ANIMAL~.
SECT. PAGE.
512. Or'ueHy to animals ............................................................... 273
513. Keeping cock-pit................................................................ 273
514. The conveyance of cattle ...................................................... 274
5L5. Search of premises-penalty for refusing admission to peace officer 274

PART XXXIX.

OFFENCES CONNECTED WITH TRADE AND BREACHES OF OONTRACT.

516. Conspiracies in restraint oftrade ............................................ 275
517. What acts done in restraint oftrade are not unlawful.. .............. 275
518. Prosecution for conspiracy .................................................... 275
519. Interpretation ................................................................... 275
520. Combinations in restraint of trade .......................................... 275
521. Oriminal breaches of contract ............................................... 276
522. Posting up copies of provisions respecting criminal breaches of
contract-defacing same ..................................................... 277
523. Intimidation ....................................................................... 277
524. Intimidation of any person to prevent him from working at any
trade .............................................................................. 278
525. Intimidation of any person to prevent bim dealing in wheat, &c.
-unlawfully preventing seamen from working .................... 278
526. Intimidation of any person to prevent him bidding for pUblic
lands .............................................................................. 278

PART XL.

ATTEMPTS-CONSPIRACIES-AcCESSORIES.
527. Oonspiring to commit an indictable offence ............................. 279
528. Attempting to commit certain indictable offences ..................... 2i9
529. Attempting to commit other indictable offences ........................ 279
530. Attempting to oommit statutOl'y offences ................................. 279
531. Accessories after the fact to certain indictable offences ............... 279
532. Accessories after the fact to other indictable offences ................ 279

TITLE VII.
PROCEDURE.
PART XLI.

GENE RAJ, PROVISlUNS.

533. Power to make rules ............................................................ 28()
534. Civil remedy not suspended thouO'h act is a criminal offence ...... 280
535. Abolition of distinction between felony and misdemeanour........ 280
536. Construction of Acts ........................................................... 28()
537. Construction ofr'eference to certain Acts ................................. 281
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 TABLE OF CONTENTS. If}

PAR'l' XLU.

·JURISDIOTJON.
SEOT. PAGE.
638. Supel'iol' COUl't. ................................................................... 281
539. Other courts. ..... ......... ......... .................................... ......... 281
540. JUl'isdiction in certain cases .................................................. 281
541. ExcTCising powers of two justices........... ............................... 282

l' ART XLIII.

PROOEDURE IN PARTICULAR CASES.

542. Offences within the jUl'isdiction of the Admiralty of England ..... 282
643. Disclosing official secrets ...................................................... 283
544. Judicial cOl'l'uption ............................................................. 283
545. Making explosive substances ................................................ 283
646. Sending unseaworthy ships to sea...................... .. ............ '" 283
547. Tl'Ustee fraudulently disposing of money ............. : ................... 283
548. Fraudulent acts of vendor or mortgagor .................................. 283
649. Uttering defaced coin......... ......... ...... ............ . ................. 283
650. Trial of minors .................................................................. 283
551. Time within which proceedings shall be commenced in certain
ca{les .............................................................................. 284
552. Al'l'est without wal'l'ant ........................................................ 285

PAR'!' XLIV.
CO;lIPEr~LlJ\'G ApPEARANCE OF ACCUSED BEFORE JUSTICE.

553. Magistel'ial jUl'isdiction .......... , ........................................... 288

564. When justice may compel appearance ................................... 289
555. Offences committed in certain paTts of Ontario ......................... 289
556. Offences committed in the district of Gaspe ............................ 290
55~. Offences committed out of jurisdiction .................................... 290
5Ml. Information ...................................................................... 291
5.59. Hearing on information ........................................................ 291
560. Warrunt in case of offence committed on the seas, &c ............... 291
561. Arrest of suspected deserter ................... '" ............................ 291
562. Contents of summons- service of summons ............................. 291
568. Warrant for apprehension in first instance .............................. 292
564. Execution of warrant ........................................................... 292
565. Proceeding when offender is not within the jurisdiction of the
justice issning the warrant ........ ....................................... 293
566. Disposal of person arrested on endorsed warrant ........................ 293
567. Disposal of person apprehended on warrant ............................ 293
56H. Coronor's inquisition ................................................. , ....... '" 293
569. S.>al·ch warrant ................................................................... 294
570 Search for publio st01·es ............................................. "'" ...... 296
671. Searoh warrant for gold, silver, &0 ......................................... 296
572. Search for timber, &c., unlawfully detained ........................... 296
673. Search for liquors noar Her Majesty'S vessels ............................ 297
YOLo 1-10 125 574.
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SECT. PAGE.
574. Sem'ch for woo nen in house of ill·fame ................................... 297
575. l:learch in gaming·house ...................................................... 297
576. Search for vagl·ant ......................................... ; ..................... 298

PART XLV.

PROOEDURE ON ApPEARANOE OF ACCUSED.

577. Inquiry by justice ............................................................. 299
578. Irregularity in procuring appearance .................................... 299
579. Adjournment in case of variance .......................................... 299
580. Procuring attendance of witnesses ......................................... 299
581. lService of summons f01' witnesses ....................................... 209
582. Warrant for witness after summ(>ns ....................................... 299
6H3. Warrant for witness in first instance ...................................... 300
584. Procuring attendance of witnesses beyond jurisdiction of justice 300
685. Witness refusing to be examined .......................................... 301
686. Discretionary powers of the justice ..................................... 302
587. Bail on remand .................................................................. 302
588. Rearing may proceed during time of remand .......................... 302
589. Breach of recoguizance on remand ......................................... 303
590. Eyidence for the prosecution...... .. .................................... 303
5Hl. Evidence to be read to the accused ..................................... 303
592. Oonfession or admission of accused ..................................... 304
593. Evidence for the defence ..................................................... 304
594. Discharge of the accused ................................................... 304
595. Pel'son preferring charge may have himselfbound over to prosecute 304
596. Oommittal of accused for trial ............................................. 305
597 Oopy of depositions ............................................................ 305
,,9'. Recognizallces to prosecute or give evidence ........................... 305
59n. Witness refusing to be bound over ...................................... 306
600. Transmission of documents .................................................. 306
601. Rule as to bail. . .. .. ........................................................... 306
60:!. Bail after committal. ........................................................... 307
603. Bail by superior court ......................................................... 807
604. A pplication for bail after committal.. ..................................... 307
005. Warritnt of deliverance ....................................................... 808
606. Warrant for the arrest of a person about to abscond .................. 308
607. Delivery of accused to prison ............................................... 809

PAR'r XLVI.

INDICTMENTS.
60S. Indictments need not be on parchment.. ............................... 309
609. t:tatemellt of venue.... ........ ........... ...... ......... ........ .. ....... 309
610. Heading of indictment ........................................................ 309
611. Form and contents of counts ................................................ 309
612. Offences may be charged in the alternative ............................. 310
613. Certain objections not to vitiate counts .................................. 310
614. Indictment for high II'eason or treasonable offence .................. 310
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 TABLE OF CONTENTS 21
SECT. PAGE'
611i. Indictments for libel. .......................................................... 311
616. Indictments for pel:jury and certain other offences ................... 311
617. Particnlars ..................... ..... ......... .... ......... .... .. .......... 311
618. Indidment for pretending to send money, &c., in letter ............ 312
1\19. Indictments in certain cases .................................................. 312
6211. Property of body cOl'porate ................................................... 312
621. Indictment for stealing ores or minerals ............................... 312
622. Indictment for offences in respect to postal cards, &c .............. 313
623. Indictments against public servants ..................................... 313
624. Indiciment for offences respecting letter bags, &c .................... 313
625. Indictment for stealing by tenant or lodger ............................. 313
626. Joinder of counts and pl'oceedings thel'eon ............................ 314
627. Accessories after the fact, and receivel's ................................... 314
628. Indictment charging previons conviction .............................. 314
629. ()~jections to an indictment .................................................. 815
630. Time to plead to indictment ... : ............................................ 315
631. Special pleas ..................................................................... 316
632. Depositions and judge's notes on former tria!.. ........................ 316
633. I'econd accusation ............................................................... 316
634. Plea of justification in case of libel. ...................................... 317

PART XLVII.

OOl\POl\A.TIONS.
635 Oorporations may appear by attorney .................................... 317
6:\6. Gm·tiorcui, &c., not required .................................................. 317
637. Notice to be served on corporation ........................................ 318
68>1. Proceedings on default ........................................................ 818
6 .. 9. Trial may proceed in absence of defendant ............................. 318

PART XLVIII.
PREFERl\ING INDIC'J'MENT.
640. Jurisdiction of courts ...... · ................................ ; .................. 318
611. 1"iending bill before grand jury............................................. 819
612. Ooroner's inquisition .......................................................... 319
6~8. Oath in open court not required ............................................ 819
644. Oath may be administered by foreman .................................. 319
6-15 Names of witnesses to be endorsed on bill of indictment ........... 320
640. Names of witnesses to be submitted to grand jury ................. 320
fi47. Fees for swearing witnesses .................................................. 320
64~. Bench warrant and certificate .............................................. 320

PART XLIX.

RElIOVAI. OF PRISONERS-CHANGE OF VENUE.

649. Removal of prisoners .......................................................... 821

6:,0. Indictment after remoyal.............................. . ................ 822
6:\1. Ohange of venue ....................... : ....................................... 822
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 22 TH.E CRIMINAl, CODE, 1892.

PART L.
ARRAIGNMENT.
SEOT. PAGE.
652. Bringing pl'isoner ,up for arraignment .................................... 323
653. Right of accused to inspect deposition and hear indictment ...... 323
654. Copy of indictment ............................................................ 323
655. Copy of deposition.............. ..... ..... .................... .......... ...... 323
656. Pleas in abatement abolished .............................................. 324
657. Plea- refusal to plead ......................................................... 324
658. Special provisions in the case of treason ................................. 324

PART LI.
TRIAL.
659. Right to full defence ............... , .......................................... 324
660. Presence of the accused at the trial............... ........... .. .... 324
61l1. Prosecutor's right to sum up....... ...... ....... ...... .. .. .... 326
662. Qualification of jurOl' ......................................................... 325
663. Jury de medietate linguIE abolished ........................................ 325
664. Mixed juries in the province of Quebec .................................. 325
665. Mixed juries in Manitoba ..................................................... 325
666. Challenging' the array ......................... '....... ........................ 326
667. Calling the panel........ ............................. ......... ......... . ..... 326
608. Challenges and directions to stand by ......................... : .......... 327
669. Right to cause jurors to stand aside in case of libel.. ...... · ........ 328
. 670. Peremptory challenges in case of mixed jnry ............. : ............ 328
671. Accused persons joining and severing in their challenges ........... 329
672. Ordering a tales ................................................................ 829
673. J urOl'S shall not be allowed to sepante ................................ 329
674. Jmors may have fire and refreshments .................................. 829
676. Saving power of comt........................................................ 329
676. Proceedings when previous offence charged ......................... 380
677. Attendance of witnesses ..................................................... 830
678. Compelling attendance of witnesses ....................................... 880
679. Witness in Canada but beyond jurisdiction ofeourt .................. 331
680. Procnring attendance of prisoner as witness.............. ..... ....... 331
681. Evidence ofpcrson dangerously ill may be taken under commis-
sion .............................................................................. 831
682. Presence of prisoner when such evidence is taken .................... 332
683. Evidence may be taken out of Canada under commission ........... 832
684. When evidence of on e witness must be corroborated...... ........... 333
685. Evidence not under oath of child in certain cases.................... 333
68fl. Deposition of sick witness may be 1'ead in evidence .................. 333
687. Depositions on preliminary inquiry may be read in evidence ..... 334
688. Depositions may be used on trial for othe1' offences .................. 334
689. Eddence of statement by accused ......................................... 334
690. Admission may be taken on triaL ......................................... 334
691. Certificate oftrial at which peljury was committed .................. 334
692. Evidence of coin being false or counterfeit .............................. 334
693. Evidence on proceedings for advertising counterfeit money ........ 334
128 694.
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 TABLE OF CONTEN~S. 23
SEOT. PAGE.
694. Proof of previous conviction ................................................ 335
695. Proof of previous conviction of witness ................................. 335
696. Proof of attested instrument .............................................. 335
697 .. Evidence at trial for child murder ......................................... 335
698. Comparison of disputed writing with genuine ....................... 336
699. Party discrediting his own witness....................................... 336
700. Evidence of former written statements by witness ................. 336
701 .. Proof of contradictory statements by witness ........................... 336
702. Evidence of place being a common gaming-house .................... BU6
703. Other evidence that place is a common gaming-house .............. 337
704. Evidence in case of gaming in Btocks, &c .............................. 337
'705. Evidence in certain cases of libel ........................................ 337
706. Evidence in case of polygamy, &c ......................................... 337
707. Evidence of stealing ores or minerals .................................... 338
708. Evidence of stealing' timber .............................................. , 338
709, Evidence in cases relating to publio stores ........................ ; ..... 338
710. Evidence in case of fraudulent marks on merchandise ............... 338
711, Full offence charged-attempt proved ................................. 339
712. Attempt charged-full offence proved .................................... 339
713. Offonce charged-part only proved ..................................... 339
714. On indiotment for murder conviction ma.y be of concealment of
birth .............................................................................. 339
715. Trial of joint receivers ........................................................ 339
716. Proceedings against receivers .... , .......................................... 340
717. Tl1e same after previous conviction ....................................... 340
71H. T,'ial for coinage offences .................................................... 340
719. Verdict in case of libel.. ....................................................... 341
720. Impounding doouments ................................................... 341
721. Destroying counterfeit coin................ . . . ... ......... .. ............ 341
722. View .......................................................................... ,... 341
723. Variance and amendment .................................................... 342
724. Amendment to be endorsed on the record ............................... 342
725. Form offormalrecord in snch case ........................................ 342
726. Form of record of conviction or acquittal ............................... 343
727. J nry retiring to consider verdict......... ............ .............. ........ 343
728. J my unable to agree .......................................................... 343
729. Proceedings on Sunday....................................................... 343
730. Woman sentenced to death while pregnant ............................. 3<13
'131. .Tury de ventre inspiciendo abolished ....................................... 344
732. Slay of proceedings ........................................................ , 344
733 .. Motion in arrest of judgment on vel'dict of guilty ................... 344
734. J ud~!'llent not to ~e arrested for form.al def:c!.s ...........: ........... 344
785. Vonuct not to be Impeached for nertaIll omISsIons as to Jtll'ors ..... 345
786. Insanity of accused at time of offence......... .. ....................... 345
737. Insanity of accused On arraignment or trial.. .......................... 345
788. Cns!ody of persons formerly acquitted for insanity................... 346
739. Insanity of person to be discharged for want of prosecution .... 346
740. Cnstody of insane pel'son ...... ...................... .................. 346
741. Insanity of person imprisoned ............................................ 346

129 PART

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 24 THE CRIMINAL CODE, 1892,

PAR'r LII,

ApPEAr"
SECT, PAGE,
'142, Appeal in criminal cases""". "".'"""""""""""" "" .. """ ."". 347
'143. Reserving questions oflaw """""""."".""""".""". """ ."". 347
744. Appeal when no question is reserved """ ""'''''''' ."". """ .. "" 347
'145. Evidence for comt of appeal ".,," """"'"'''''''''''''''''''''''''''' 348
746. Powers of court of appeal."" ... ".""."""" ... """"""""""".". 348
747. Application for a new trial..""""." "."""",, .... ,," .. ,,""" .. ,," 349
'148. New trial by ordor of Minister of Jnstice"." "" .. """.""" .. " ... 349
'149. Intermediate effects of appeal.""""" .. "" .. "" ... """ .. " .. "" ... " 349
7:'0. Appeal to Supreme Oomt of Canada ... " .. ".""""" .. "",, ...... ,, ... 350
'151. Appeals to Privy Oouncil abolished" .. "."" ..... ""." .. ""."." .. " 350

PARTLIII,
SPECIAL PROVISIONS.
'152. Fmther detention of person aC<!Used .... "",,, ... " ... ""." ... "".". 350
753. Question raised at trial may be resen'ed for decision"" ... " .. " ... " 350
754. Practice in high court of justice for Ontario." .. "."" .. " .... "" .. 351
75.S. Oommission of comt of assize, &c.""." ... """ ... """ .. """ .. """ 351
756. Court of general sessions .. "" .. " .. "" ..... " ..... "."." .... """.,,"" '351
75'1. Time for pleading to indictment in Ontario ........ " ...... " .. ".".351
'158. Rule to plead""" .. """" ..... """." ..... """ .. " .. """",, ..... ,, .. " 352
759. Velay in prosecution .................... "." ... "" ..... " .... "." .. " .. ". 352
'160. Calendar of criminal cases in Nova Scotia ."" .......... ", """""" 352
'161. Criminal sentence in Nova Scotia"" .... ,," ...... ""." .......... " ..... 352

PAR1' LIV,
SPEEDY TRIALS OF INDICTABLE OFFENOES,
. 762. Application ... " .. " .......... """ ....... " ............. " ......... " .......... 352
'163. Definitions ....... " ..... " .. " .. " .. " .. """" .... ".""" ... ",,",," ... ,,.. 352
764. Judge to be a court ofloecord ..... " ........ " ......... " .... " ...... " ..... 353
765. Offences triable under this part ... """ ............. " ............ " ..... " 353
766. Duty of sheriff after committal of accused ....... """ ....... ,," ... 354
767. Arraignment of accused before judge ......... "" .. " ..... " .. "" .. " ... 354
768. Persons jointly ac0used .. " ... "" .......... " ........ " .. " ...... "" ......... 354
'169. Election after refusal to be tried by judge ............ " ................ 354
'170. Continuance of proceedings before another judge" ........... "",," 355
771. Ejection after committal under parts lv. or lvi."" .. ""." .......... 355
'1'12. Trial of accused .................................................................. 355
773. Trial of offences other than those for which accused is committed 355
'1'14. Powers of judge ................................................................. 355
'175. Admission to bail.. ........................................................... 355
776. Bail in case of election of trial by jury .................................. 356
'1'1'1. Adjournment ................................................................... 356
778. Powers of amendment ......................................................... 356
779. Recognizances to prosecnte or give evidence to apply to proceed·
ings under this part.......................................................... 356
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 TABLE OF CONTENTS. 25
SEOT. PAGE.
'180. Witnesses to attend throughout trial.. .................................... 356
'181. Oompelling attendance of witness ......................................... 356

PART LV.
SUMMARY TRIAL OF INDICTABLE OFFENCES.
'182. Definitions ....................................................................... 357
783. Offences to be dealt with under this part ................................ 358
'184. When magistrate shall have absolute jurisdiction .................... 359
'185. Summary trial in certain other cases ...................................... 359
'186. Proceedings on arraignment of accused ................................. 360
'187. Punishment for certain offences under this part ....................... 360
'188. Punishment for certain other offences .................................... 360
'189. Proceedings for offences in l'espect to propel'ty worth over ten
dollal's ................................................................ . ........ 361
'190. Pnnishment on plea of guilty in such case .............................. 361
'191. Magistrate may decide not to proceed summarily ..................... 361
'192. Election of trial by jury to be stated on warrant of committal. .. 361
'193. Full defence allowed. ......... ........... . ...... ........ ........................ 362
'194. Proceedings to be in open court..................................... ....... 362
'195. Procuring attendance of witnesses ........................................ 362
796. Service of summons ............................................................ 362
'197. Dismissal of charge ............................................................. 362
798. Effect of conviction .......................................................... 362
'199. Oertificate of dismissal a bar to further proceedings .................. 362
800. Proceedings not to be void for defect in form ........................... 362
801. Resnlt of hearing to be filed in court of sessions ..................... 363
802. Evidence of conviction or dismissaL ..................................... 363
803. Restitntion of pl'operty ....................................................... 363
804. Remand for further in nstigation... .............. ........................ 363
805. Non-appearance of accused under recognizance ........................ 363
806. Application of fines ............................................................ 364
807. Forms to be nsed ............................................................... 364
808. Oertain provisions not applicable to this part ........................... 864

PART LVI.
TRIAL OF JUVENILE OFFENDERS FOR INDICTABLE OFFENOES.
809. Definitions ........................................................................ 365
810. Punishment for stealing...... ................................................ 365
811. Procuring appearance of accused .......................................... 366
812. Remand of accused.......... ......... .......................................... 366
813. A.ccused to elect how he shall be tried .................................. 366
814. When. accused shall not be tried summarily........................... 366
815. Summons to witness ... : ...................................................... 367
816. Binding ovel' witnesses ....................................................... 367
817 . Warrant against witness ........................ ;........ ................. ... 367
818. Service of summons...... ....................... .................... ... ...... 367
819. Discharge of accused ........................................................... 367
820. Form of conviction................... ................... ............ ......... 367
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26 THE ORIMINAL CODE, 1892.
SEOT. PAGE.
821. Further proceedings barred ................................................... 368
H22. Conviction and recognizance to be filed .................................. 368
828. QUal·terly returns................................................................ 368
824. Restitution of property ........................................ ". .. ....... 868
825. Proceedings when penalty imposed on accused is not paid ......... 868
826. Costs ........... """""""" ................... " ................................ 369
827. Application of finos .... ........................... ........ ...... 869
828. Costs to be certified by justices .......................................... 369
829. Application of this part ....................................................... 370
830. No imprisonment inreformatol'Y under this part ...................... 370
831. Other proceedings against juvenile offenders not affected ........... 370

PART INJI.
COSTS AND PEOUNIARY COMPENSATION-RESTITUTION OF PROPERTY.
832. Costs .............................................. : ................................ 370
833. Costs in case of libel.. ........................................................ 371
834. Costs on conviction for assanlt ........................................... 371
835. Ta.xation of costs......... ....................................... 871
836. Compensation for loss of prop61'ty .......................................... 372
837. Compensation to bonafide pm'chaser of stolen propm·ty ............. 372
.838. Restitution of stolen property ............................................ , 372

P AR'r LVIII.

SUMMARY CONVICTIONS.
839. I utel·pretation ........ , ........................................................... 373
840. Application........................................................................ 373
841. Time within which proceedings shall be commenced............... 374
842. Jurisdiction ....................................................................... 374
843. Heal'ing before justices ....................................................... 375
844. Backing warrants .............................................................. 375
846, Informations and complaints ................................................ 375
846. Certain objections not to vitiate proceedings ........................... 376
847. Variance ......................... " .............................................. 376
848. Execution of wanant.. ................. """"'''''''''''''''''''''''''''''' 376
849. Heal'iug to be in open court.. .......................................... , 377
850. Counsel for parties.................................. ,..... ..................... 377
851, Wituesses to be on oath .............................. , ........................ 377
852. Evidence .................................. " ................................... 377
853, Non-appearance of accused ............................................... 377
854. Non-appearance of prosecutor .............................................. 378
855. Proceedings when both parties appear ...... : ......................... 378
856. Arraignment of accused............... ............ ...................... .. 378
807, Adjournment ..................... , ............................................... 378
858. Adjudication by justice ...................................................... 379
859. Form of conviction ........................ :.................................... 379
860. Disposal of penalties on conviction of joint offenders ............... 879
861. First conviction in certitin' cases.: ........................................... 379
862. Certificate of dismissal.. ...................................................... 380
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 TABLE OF CONTENTS. 2'7
SEOT. PAGE.
863. Disobedience to order of justice ............................................. 380
864. Assaults ............................................................................ 880
86fi. Dismissal of complaint jin' assault ......................................... 380
8H6. Release from further proceedings .......................................... 380
86'7. Oosts on conviction or order................................................. 380
868. Oosts on dismissal.. ............................................................ 381
869 Recoveq of costs when penalty is adjudged ......................... 381
8'70. RecoYel'y of costs in other cases ............................................. 381
8'71. Fees ........ , ........................................................................ 381
8'72. Provisions respecting convictions.... ..... .. ............................ 382
873. Order as to collection of costs............................. .. .. ......... 384
874. Endorsement of warrant of distress ....................................... 384
ll75. Distress not to issue in cm·tain cases ...................................... 384
876. Remand of defendant when distress is ordered ........................ 384
8'7'7. Oumulati\-e punishments ..................................................... 385
b'78. Recognizances.............. . ................................................. 385
879. Appeal .............................................................................. 385
880. Conditions of appeal.. .......................................................... 386
881. Proceedings on appeaL ........................................................ 887
882. Appeal on matters of fol'lu... ....... .............. ........... .... ............ 388
BR3. Judgment to be upon the merits ........................................... 388
884 Oosts when appeal not prosecuted ......................................... 388
8Xfi. Proceedings when appeal fails .............................................. 389
886. Conviction not to be quashed for defects of form ...................... 389
887. C,,,.tiorari not to lie when appeal is taken ............................... 389
888. Conviction to be transmitted to appeal court. .......................... 389
889. Conviction not to be held invalid jor irregularity ..................... 389
890. Irregularities within the preceding section .............................. 390
891. Protection ofju.tice whose conviction is quashed .................... 390
892. Condition of hearing motion to quash ................................... 390
893. Impel'ia! Act superseded ..................................................... 391
894. Judicia! notice of proolamation ............................................. 391
~9fi. Refusal to quash ........................................... : ..................... 391
896. Conviction not to be set aside ill certain eases ......................... 391
897. Ordor as to costs ................................................................ 392
898. Hecoyery of costs ............................................................... 392
8~9. Abandonment of appeal. ...................................................... 392
900. ~tatement of' case by justices for review ................................. 392
901. Tender and payment........................................................... 394
902. I~eturns respecting convictions and moneys receiYed ................ 395
908. Publication, &c., of returns ................................... , .............. 396
904. Prosecutions for penalties undOl' the preceding section .............. 396
905. Remedies sa\'ed .................................................................. 396
90ti. Defecth-e returns ............................................................... 396
907. Certain defects 110t to vitiate proceedillgs ............................... 397
908. Preserving order in court ..................................................... 397
909. Hesistance to execution of process ......................................... 397

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28 THE ORIMINA[, CODE, 1892.

PART LIX.

RECOGNIZANCES.
SECT. PAGE.
91/). Render of accused by surety............ : .................................... 397
911. Bail after render .................................................................. 898
912. Discharge of recognizance ......... , ......................................... 398
913. Render in court.. ............................................................... 398
914. Sureties not discharged by arraignment or conviction ............... 398
915. Right of surety to render not affected ................................... 898
916. Entry of fines, &c., on record and recovery thereof................... 398
91'1. Officer to prepare lists of persons ]lnder recognizance making
default ........................................................................... 400
918. Proceeding on forfeited recognizance not to be taken except on
ordcr of judge, &c ............................................................ 400
919. Recognizance need not be estreated in certain oases ................. 400
920. Sale of lands by sheriff under estreated reoognizance ............... 401
921. Disoharge from cnstody on giving security .............................. 401
922. Disohal'ge of forfeited recognizanoe ........................................ 401
923. R~turn of writ by sheriff..................................................... '401
924. Roll and return to be transmitted to Minister of Finance........... 402
925. Appropriation of moneys collected by sheriff.......................... 402
926. Quebec ............................................................................. 402

PART LX.
FINES AND FORFEITURES.
927. Appropriation of fines, &0 ................................................... 403
928. Application of fines, &c., by Order in Oounoil ........................... 404
929. Itecovery of penalty or forfeiture ......................................... :. 404
930. Limitation of aotion ............................................................ 404

TITLE VIII.

PROOEEDINGS AFTER OONVICTION.

PAR'f LXI.
PUNISHMENTS GENERALLY.
931. Punishment after oonviotion only ......................................... 405
932. Degrees In punishment ....................................................... 405
933. Liability under different provisions ....................................... 405
934. Fine imposed shall be in discretion of court ............................. 405

PART LXII.
OAPITAL PUNISHMENT.
935. Punishment to be the same on conviotion by verdict or by con-
fession......... ......... ............................. .......................... 405
936. Form of sentence of de.ath ................................................... 405
134 937.

HeillOnline -~ 1892 vol. I 134 1892

 TABLE OF CONTENTS. 29
SEOT. PAGE.
937. Sentence of death to be reported to Secretary of State ............... 406
938. Prisoner under sentence of death to be confined apart.. ............. 406
939. Place of execution ............................................................... 406
940. Pel'sons who shall be pl'esent at execution ............................. 406
941. Persons who may be present at execution............................... 406
942. Certificate of death .............................................................. 406
943. When deputies may act ...................................................... 407
944. Inquest to be held.................................. ............................ 407
945. Place of buriaL .................................................................. 407
946. Certificate to be sent to Secl'etary of State and exhibited at prison 407
9~7. Omissions not to invalidate execution .................................... 407
948. Other proceedings in executions not affected............................ 407
949. Rules and regulations as to execution ................................... 408

PART LXIII.
IMPRISONMENT.
950. Offences not capital how punished ......................................... 408
951. Imprisonment in cases not specially provided fOl'. .................... 408
952. Punishment for offence committed after previous conviction ...... 408
953. Imprisonment may be for shoTter term than that prescribed ...... 408
954. Cumulative punishments ..................................................... 408
955. Imprisonment ill penitentiary, &c ......................................... 409
950. Imprisonment in reformatories ..................,........................... 410

PART LXIV.
WHIPPING.
967. Sentence of punishment by whipping ................................... 410

PART LXV.
SURETIES FOR KEEPING THE PEACE, AND FINES.
958. Persons convicted may be fined and bound over to keep the peace. 411
959. Recognizance to keep the peace............................................. 411
960. Proceedings for not finding smeties to keep the peace ............... 412

PART LXVI.
DISABILITIES.
961. Consequences of conviction of public official.. ......................... 412

PART LXVII.
PUNISHMENTS ABOLISHED.
962. Outlawry........................................................................... 413
963. Solitary confinement-pillory ............................................... 418
964. Deodand........................................................................... 418
965. Attainder ........................................................................... 413
135 PART

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80 THE CRIMINAL CODE, 1892,

PART LXVIII.

PARDONS.
SEOT. PAGE.
966. Pardon by the Orown .......................................................... 413
96'7. Oommutation of sentence .................................................... 414
~68. Undergoing sentence equb'alent to a pardon ........................... 414
969. f'latisiyingjudgment ................ , ......................................... ,. 414
6'10. Royal prerogative ............................................................... 414
971. Oonditional release of first offenders in certain cases ........ " ........ 414
972. Conditions of release ............................................................ 415
973. Proceeding on default of recognizance ................................... 416
974. Interpretation .................................................................... 415

TITLE IX.
ACTIONS AGAINST PERSONS ADMINISTERING THE CRIMINAL
LAW.
975. Time and place of action ....................................................... 416
9'16. Notice of action ................................................................... 416
.97'1. Defence ............................ ; ................................................ 416
978. Tender or payment into comt.. .............................................. 416
979. Costs ................... , ............................................................ 416
980. Other remedies saved ........................................................... 416

TITLE X.
REPEAL, &0.
981. Statutes repealed ................................................................ 417
982. FOl'ms in Schedule one, to be valid ......................................... 417
988. Applic(Ltion of Act to N. W. T. and Keewatin .......................... 417

SOHEDULE I.-Forms .......................................................... 419

SCHEDULE 2.-Statutes l'epealed ............................................. 471
ApPENDIX.-Acts and parts of Acts which are not affected by
this Act.. ...................................................................... 478

136

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 55-56 VIOTORIA.

CHAP. 29.
An Act respecting the Criminal Law.
[Assented to 9th July, 1892.]

H ERSenate
Majesty, by and with the advice and consent ofthe
and House of Commons of Canada, enacts as
follows :-

TITLE I.
IN'rRODUOTORY PROVISIONS.
PART I.

PRELIMINARY.

1. 'l'his Act may be cited for all purposes as TILe Oriminal Shmt title.
Code, 1892.

2. This Act 'shall come into force on the first day of July, Commenc.·
1893. ment of Aot.

3. In this Act the followin~ expressions have the mean- F.xplnnntion

ings assigned to them in th,s section unless the context of tenn,.
requires otherwise:
(a.) The expression" any Act," or "any other Act," in-
cludes any Act passed 01' to be passed by the Parliament of
Oanada, 01' any Act passed by the legislature of th elate
province of Oanada, 01' passed 01' to be passed by the legis-
latUl'e of any province of Canada, 01' passed by the legisla-
ture of any province inclnded in Canada before it was
included therein; R.S.C., c. 174, s. 2 (a).
(b.) The expression" Attorney-General" means the Attor-
ney·Genel·al or Solicitor· General of any province in Canada
in w hich any proceedings are taken under this Act, and,
with respect to the North-west Territol'ies and the district
of Keewatin, the Attorney-General of Canada; E.S.O., c. 150.
s. 2 (a).
137 (c.)

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1892. The Criminal Code, 1892. 'I.'itle Y. 103
the miscarriage of any woman, whether she is or is not with
child, unlawfully administers to her or causes to be taken
by her any drug 01' other noxious thing, or unlawfully
uses any instrument or other means whatsoever with the
like intent. R.S.O., c. 162, s. 4'1.
273. Every woman is guilty of an indictable offence and W~mnu I'm·
· bl e t 0 ~eyen years ' .
IIn .
nnpnsonment ¥tTh 0, vv h e th el' ''Vlt
. h Ch'ld ,,,rmg hor
I OWllllli:-lcnr.
or not, unlawfully administers to herself or permits to be dage.
administered to her any drug or other noxious thing, or
unlawfully uses on herself or permits to be used on her any
instrument or other means whatsoever with intent to pro-
cme miscaniage. R.S.O., c. 162, s. 47.
274. Everyone is guilty of an indictable offence and liable Supl'lying
to t wo yeal'S,ImprISOnment
.. h I f II I' ",oan, of pro-
""tV 0 un aw u Y SUPP les or curing abol'-
procures any drug or other noxious thing, or any illstru~ tion.
ment 01' thing whatsoeYer, kuowing that the same is intend-
ed to be uulawfully used or employed with intent to procme
,the miscaniage of any woman, whether she is or is not with
child. R.S.O, c. 162, s. 48.

PART XXll.

OFFENOES AGAINST OONJUGAL AXD PARENTAL

RIGIlTS-BIGAnlY-ABD UCTIOX.

275. Bigamy is- BiHom!.

(a.) the act of a person who, being married, goes through d, ne<.
a form of marriage with any other person in any part of the
world; or
(b.) the act of a person who goes through a form of
marriage in any pm·t of the world with any ,person whom
he or she kJ;lowS to be married; or
(c.) the act of a person who goes through a form of mar-
riage with more than one person simultaneously or on the
same day. R.S.O., c. 37, s. 10.
2. A " form of marriage" is any form either recognized
as a valid form by the law of the place where it is gone
through, or, thouO'h not so recognized, is snch that a mar-
riage celebl'ated thm'e in that fOl'm is recognized as binding
by the law of the place where the offender is tried. Every
form shall for the purpose of this section be valid, notwith-
standing any act or default of the pm'SOll chm'ged with
bigamy, if it is otherwise a ,alid form. The fact that the
parties would, if unmarried, have been incolllpefent to con-
tract marriage shall be no defence upon a prosecution for
bigamy.
3. No one commits big'amy by going through a form of
mal'l'iage-
209 (a.)

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104 Ohap.29. The Cri1ninal Code, 1892. 55-56 VWT.

(a.) if he or she in good faith and on reasonable grounds

belieyes his wife or her husband to be dead; or
(b.) if his wife or her husband has been continually absent
for seven years then la>;t past and he or she is not proved
to have known that his wife or her husband wa<; aliye at
any time during those seven years; or
(c.) if he or she has been divorced from the bond of the
first marriage; or
(d.) if the former marriage has been declared yoid by a
comt of competent jnrisdiction. R.S.O., c. 161, s. 4.
4. No person shall be liable to be convicted of bigamy
in respect of having gone through a form of manialle in a
place not in Canada, unless such person, being a British
subject resident in Oanada, leaves Oanada with intent to go
through such form of maninge.

Punh3hment 27'6. Everyone who commits bigamy is guilty of an

of bigamy.
indictable offence and "'!iable to seven years' imprisonment.
2. Everyone who commits this offence after a previous
conviction for a like offence shall be liable to fourteen years'
imprisonment. R.S.C., c. 161, s. 4.

Feigned mar· 277. Everyone is guilty of an indictB.ble offence and liable

riages.
to seven years' im prisonmen t who procures a feigned or
pretended marriage between himself and any woman, or who
knowingly aids and assists in procuring such feigned or
pretended marriage. R.S.O., c. 161, s. 2.

Punishment 27'S. Everyone is guilty of an indictable offence and liable

of polygamy,
to imprisonment f01· five years, and to a fine of fiv" hun-
dred dollars, who-
(a.) practises, or, by the ,·ites, ceremonies, forms, rules or
customs of any denomination, sect or society, religious or
aecular, or by any form of contract, or by mere mutual
consent, 01· by any other method whatsoever, and w hethel·
ina manner recognized by law as a binding form ofmaniage
or not, agrees or consents to practise or enter into
(i.) any form of polygamy;
(ii.) any kind of conjugal union with more than one
person at the same time;
(iii.) what among the persons commonly called Mor-
mons is known as spiritual or plural marriage;
(iv.) who lives, cohabits, or agrees or consents to live or
cohabit, in any kind of conjugal union with a person who
is married to another, or with a person who lives or coha-
bits with another or others in any kind of conjugal union;
or
(b.) celebrates, is a party to, or assists in any such rite
or ceremony which purports to make binding or to sanction
any of the sexual relationships mentioned in paragraph (a)
of this section; or
210 (c.)

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1892. Tit e Criminal Code, 1892. Title Y. 105

(c.) procures, enforces, enables, is a party to, or assists in

the compliance with, 01' cal'1ying out of, any such form,
rule 01' custom which so purports;- or
(d.) procures, enforces, enables, is a party to, 01' assists in
the execution of, any such form of contract which so purports,
01' the giving of any such consent which so purports. 53 Y.,
c. 37, s. 11. .

27'9. Everyone is guilty of an indictable offence and liable Solemn!'"tion

to a fine, or to two years' imprisonment, or to both V\' ho- ~~ith~~tgO
(a.) without lawful authority, the proof of which shall lie I~wlulnutho-
· soI
on h 1m, '
emnu~es 01' pre t en dS t 0 sol ' any mal'I'lage
emnlze . ; or "ty.
(b.) procures any person to solemnize any marriage know·
ing that such person is not lawfully authorized to solemnize
such marriage, 01' knowingly aids 01' abets such person in
performing such ceiemony. R.S.O., c. 161, 8. 1.
280. Everyone is O'uilty of an indictable offence and liable Solemni,ntion
o. . . I 11 of marnage
to a fine, or to one yeal"S Impl'lSOnment, who, beIng awfu y contrary to
authorized, knowingly and wilfully solemnizes any mar· lllw.
riage in violation of the laws of the province in which the
marriage is solemnized. R.S.C., c. 161, s. 3.
281. Everyone is guilty of an indictable offence and liable Abdu,tiou of J
(-'
to ~ourteen years , . .
lmpnsonmen t w h 0, WI'th'm t ent t 0 marry 1\ woman.
01' carnally know any woman, whether married or not, 01'
with intent to cause any woman to be married to 01' carnally
known by any other person, takes away or detains any
woman of any age against her will. R.S.C., c. 162, s. 43.
282. Everyone is guilty of an indictable offence and A~u"tion 01
liable to fourteen years' imprisonment who, with intent to on 0''''''_
marry or carnally know any woman, 01' with intent to
cause any woman to be married 01' cal'nally known by any
person-
(a.) from motives of lucre takes away or detains against
her will any such woman of any age who has any int81'est,
whether legal 01' equitable, present 01' future, absolute, con-
ditional or contingent, in any real or personal estate, or who
is a presumptive heiress 01' co-heiress 01' presumptive next
of kin to anyone having such interest; or
(b.) fraudulently allure., takes away or detains any such
woman, being under the age of twenty·one yeal's, out of the
possession and against the will of her father or mother, or
of any other person having the lawful care or charge of her,
with intent to marry 01' cal'llally know her.
2. Everyone convicted of any offence defined in this
section is lllcapable of taking' any estate or interest, legal or
equitable, in any real 01' personal property of SllCh woman,
01' in which she has any interest, 01' which comes to her as
such heiress, co-heiress or next of kin; and if any such
marriage takes place such property shall, upon such con-
211 viotion,

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106 OhaiJ·29. The Oriminal Code, 1892. 55-56 VICT.

viction, be settled in such manner as any court of competent

jurisdiction, upon any infOl'mation at the instance of the
Attorney General appoints. R.S.O., c. 162, s. 42.
Abduotion?f 2S3. Eyery one is guilty of au indictable offence and
f~~~,:md'" 'ox· liable to five years' imprisonment who unlawfully takes or
causes to be taken any unmarried girl, being under the age
of sixteen years, out of the possession and against the will
of her father or mother, 0" of any other person haying the
lawful care or charge of her. .
2. It is immaterial whether the girl iH taken with her own
consent or at her own suggestion or not.
3. It is immaterial whether or not the offender believed the
girl to be of or above the age of sixteen. R.S.O., c. 162, s. 44.
::;tenlillg chilo 284. Eyeryone is guilty of an indi<ltable offence and liable
dren under
fourteen. to seven years' imprisonment who, with intent to deprive
any parent or guardian, or other person having the lawful
charge, of any child und~r the age of fourteen years, of the
possession of such child, or with intent to steal any article
about or on the person of such child, unlawfully-
(a.) takes or entices away or detains any such child; or
(h.) receives or hal'bours any such child knowing it to have
been dealt with as aforesaid.
2. Nothing in this section shall extend to anyone who
gets possession of any child, claiming in good faith a "ight
to the possession of the child. R.S.O., c. 162, s. 45.

PART XXIII.

DEFAMATORY LIBEL.
Dt'fnU1!\.tory 2So. A defamatol'Y libel is matte!' published, without
libel defined.
legal justification or excnse, likely to injure lhe reputation of
any person by exposing him to hatred, contempt or l'idicule,
or designed to insult the person to whom it is published.
2. Such matter may be expressed either in words legibly
marked upon any substance whatever, 01' by any object
signifying' such matter otherwise than by wmds, and may
be expressed eitha>' directly or by insinuation or irony.
Publishing 286. Publishing a libel is exhibiting' it in public, or
defined.
causing it to be read 01' seen, 01' showing or delivering it, 01'
causing it to be shown 0,' delivel'ed, with a view to its being
read or seen by the person defamed or by any other person.
Publishing 287. No one commits an offence by publishing defam-
upon invita-
tion. atory matter on the invitation or challenge of the person
defamed thereby, nor if it is necessary to publish such
defamatory matt81' in order to l'efute some other defamatory
statement published by that person concerning the alleged
212 offender

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1892. The Crimi"a! Code, 1892. Title VII. 231
as a common gaming-house, and entered under a war-
rant or order issued under this Act, or about the person of
any of those who are fonnd therein, it shall be prima facie
evidence, on the trial of a prosecution under section one hun,
dred and ninety-eight, that snch house, room or place is used
as a common gaming-honse, and that the pcrsons found in the
l'oom or place where such tables or instruments of gaming
are found were playing therein althouffh no play was actu-
ally going on in the presence of the chIef constable, deputy
chief constable or other officer entering the same under a
warrant or order issued under' this Act, or in the presence
of those persons by whom he is accompanied as afo)·esaid.
R.S.C., c. 158, s. 4.
703. It shall be p1'imd facie evidence in un y prosecution for 0d the<' ehvi-
.
I[eeplug . h ouse un d En'sec t'lOll one h und1'ed place
a comlilon galnIng· "nce' a'
i!l. lLCOm.
and ninety-ciO'ht
• 0
of this Act that a house , room 01' place is used mon
house
gaming·
as a common gaming-house, and that the persons found th81'e- .
in WCre unlawfully playing therein-
(a.) if any constable or officer authorized to enter any house
room or place, is wilfnlly prcvented from, or obstructed or
delayed in entering the same or any part thereof; or
(b.) if any suoh house, room or plaoe is found fitted or pro-
yided with any means or contriyance for unlawful gaming,
or with any means or contrivance for concealing, removing
or destroying any instruments of gaming. R.S.C., c. 158, s.~.
704. Whenever on the trial of a person (,harg'ed with Evidence h~
·
rnak lug ' " '~or t h e saIe or plll'chase of shares, CfUie
an agreement of gmllmg
in stock$, &c,
goods, wares or merchandise in the mltnner set fOl'th in
seotion two Jmndred and one, it is established that the per-
son so charged has made or signed any such contraot or agree-
mentof sale or pm'chase, or has aoted, aided or abetted in the
making or signing thereof, the bmden of proof of the bonafide
in tention to acquire or to sell suoh goods, wares or mer-
chandise, 01' to deliyer or to l'eceiYe deliyery thereof, as the
case may be, shall rest upon the person so charged.
701i. In any criminal proceeding commenced or prose- E"id,nce hI
. t wo h un d1'e d an delg
cute d und a1' section ' ht y~nlne
. "'101' pl'lll of Hlx'l, ca.",
. t - eel"am
ing any extract from, or abstract of, any report published by,
or uuder the authority of, the Senate, House of Commons, 01'
any Legislati\-e Council, Legislatiye Assembly or House of
Assembly, or any paper, votes or proceedings, such )'eport,
paper, yotes 01' proceedings may be given ill eyidence and it 1

may be shown that such extract or abstract was published

bontljide and without malice, and if such is the opinion of
the jury a verdict of not guilty shall be entered for the
defendant, R.S.C .. c. 163, s. 8.
7041. In the case of any indictment under section two hun- Evidence in
. h
dre d and seYenty-elg t (b), (el and (d), no "vennent or proo f Calif;!
my, &c.
of vo1ygn-

337 of

HeinOnline·- 1892 vol. I 337 1892

232 Ohap.29. The Cdminal Code, 1B92. 55-56 VIOT.
of the method in which the sexualrelatiollship charged was
entered 'into, agreed to, or consented to, shall be necessary in
any such indictment, or upon the trial of the person thereby
charged; nor shall it be neces~ary upon such trial to pTove
cal'llal connllction had or intended to be had between the
persons implicated. 53 V., c. 37, s. 11.
Evidence of 707. In any prosecution, proceeding or trial for stealing
steltling ore:;
or minerals. ores or minerals the possession, contrary to the provisions of
any law in that behalf. 01' any smelted gold or silver, or any
gold-bearing quartz, 01' any unsmelted 01' otherwise unmanu-
factured gold 01' silyel', by any operatiYe, workman or
labomer actively engaged in Or on any mine, shall be primd
facie evidence that the same has been stolen by him. R.S.O.,
c. 104, s. 30.
Evidence of
stealing
70S. In any prosecution, proceeding 01' trial for any offence
timber. under section three hundred and thhty-eig'ht a tim beT mark,
'duly registered under the provisions oftheAct respecting the
1I1a·/'king of Timber, on any timber, mast, spar, saw-log or
other description of lumber, shall be prima facie eyidence
that the same is the property of the registered owner of such
tim bel' maTk ; and possession by the offender, or by oth81's in
his employ 01' on his behalf, of any such timber, mast, spar,
saw-log 01' other description of lumber so marked, shall, in
all cases. throw upon the offender the burden of proying that
such tinibel', mast, spar, saw-log or othel' description of lum-
bel' came lawfl1lly ill to his possession, or into the possession
of such others in his employ or 01\ his behalf. R.S.O.,
c. 17'1, s. 228.
Evidence ill 700. III any prosecution, proceeding or hial under sec-
cnses relating
to public tions three hundred and eighty-five to three hundred and
stores, eightY'nine inclusive for offences relating to public stores
proof that any soldim" seaman 01' marine was actually doing
duty in Her Ml\jesty's serdce shall be primdfacie evidence
that his enlistment, entry 01' enrolment has been regulal·.
2. If the person chm'ged with the offence relating to public
stores mentioned in article th"ee hundred and eighty-seYen
was, at the time at which the offence io charged to have
been committed, in Her Majesty's service 01' employment, or
a dealer in marine stores. or a dealer ill old metals, know-
ledge on his part that the stores to which the chal'ge relates
bore the marks described in section three hundred and
eighty-foul' shall be 111'eSumed until the contrary is shown.
5U-51 Y, c. 45, s. 13.
Evidence in
case of fmu-
710. In any proseclltion, proce.eding 01' trial for any
dulent marks offence undel' Part XXXIII. relating to fraudulent marks on
on mer- merchandise, if the offence l'elaJes to .impQl'fed goods evid-
ohlmc1ise.
ence of the port of shipment shall be pl'imli facie eyidence
of the place or country in which the goods were. made 01'
produced. 51 V., c. 41. s. 13 .
. 338 2.

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1892. The Oriminal Code, 1892. Title X. 811

TITLE X.

REPEAL, &0.

!)S1. The several Aots set out and desoribed in sohedule Statutes
two to this Act shall, from and after the date appointed for ",pealed
the coming into force of this Act, be repealed to the extent
stated in the said schedule.
2. Every offence which has beell committed, either wholly
01' in part, against any of the said Acts or parts of Acts
hereby repealed, before the time appointed for the coming
into force of this Act, shall be dealt with, inquired of, tried,
determined, aud punished, and evel'}" penalty in respect of
any such offence shall be recovered, III the same manner as
if the said Acts 01' parts of Acts had not been repealed;
such repeal shall not affect the validity 01' otherwise of any
aot duly done, or of any warrant or other insb'ument duly
made or granted, before the time of coming into force of
this Act; but the Same shallrespectiYcly continue and be
of the same force and effect as if the said Acts or parts of
Acts had not been repealed; and, subject as aforesaid, every
right, title, liability, privilege, and protection, acquired 01'
existing, ill respect of any matter 01' thing committed or
done before the coming into force of this Act, shall con·
tinue and be of the same force and effect as if the said Acts
or parts of Acts had not been l'epealed; and every action,
prosecution, and other proceeding which has been com·
menced before the time appointed f01' the coming into force
of this Act, or which shall thereafter be commenced, in reo
spect of any such matter or thing, may, subject as aforesaid,
be prosecuted, continued and defended in the same manner
as if the said Acts or parts of Acts had not been repealed,
and in construing snch parts reference may be had to the
repealed pOl'tions of the Acts of wbich l'espectively they
formed part as well as to any sections of this Act which
haye been substituted therefor and which deal with like
matters .

.!)82. The several forms in schedule one to this Act, varied Form, in
to suit the case 01' forms to the like effect, shall be deemed :~I~~~.~l,~:e
good, valid and sufficient in law,

IISS. The pl'oyisions of this Act extend to and are in force Application of
in the N orth"west 'l'erritories and the district of Keewatin ~,C!,:3 NoW,
except in so far as they m'e inconsistent with the provisions Keewatin.
of the North·west Ten'itol'ies Act 01' The Keewatin Act and the
amendments thereto.
2. Nothing in this Act shall affect a~y of the laws relating Xot to affect
to the government of Her Majesty's land or naval foi'ces, H, ill. fo"ce"
417 8.

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312 Chap. 29. The Oriminal Code, 1892. 55·56 VICT.
X ot to affect 3. Nothing herein contained shall affect the Acts and parts
certain Acts.
of Acts in the appendix to this Act. And in construing
such parts reference may be had to the j'epealed portions of
tbe Aots of which respectively they form parts, as well as
Construction to any sections of this Act which ha,"e been substituted
thereof.
therefor, or which deal with like matters.

418 SCHEDULE

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1892. The Criminal Code, 1892. Schedule Two. 86&

SCHEDULE TWO.
AOTS REPEALED.
EXTEN'l'
ACTS TITLE, m'
RE1'E,u,RD•.
REPE,u"

C.S.L.C., c, 10 An Act respecting seditious and unlawfull\.i!socia. Sees. I, 2, 3 & 4.

tiona (md oaths,
R. S. C., c. 32 An Act re.qpccting the Customs. Sec. 213.
" 34 An Act feBpecting the Inlimd Revenue. Secs. OS & DO.
36 An Act re!>.pccting tho Postal Service. SI'CEI. 79 to 81, sa,
84, 88, 90, 91, Of),
103, 107, 110 I<-
111.
38 An Act respecting Government Railways. Sec. 62.
" 41 Au Act respecting the Militia. and Defence of Seo. IOU.
Canada.
43 An Act respecMng IndiallS. Secs.l00(ss.2)&111.
" 65 An Act re>lpeoting Immigration and Immigrants. Sec. 37.
" 81 An Act re.s])l;!oting \VrtXlks, Casuulties and Salvage. Sees. 35 to 37.
141 An Act respi'cting Extra.·judicial oaths, ,Sees. 1 & 2.
145 An Act respecting Accessories. ,'l'he whole Acl;,
146 An Act respecting TreMoll and other offences The whole Act~ {lX-
agidnst the <.-!ncen's authority. I cept Sees. () N. 7.
147 An Aot re~peoting Riots, unlawful assemblies and·The whole Act.
breaohes of the peaoe. ~
148 An Aot rt>Rpeoting the improper u:!o of nreamlR The whole Act, ex-
and other weapons. i cept Sec. 7.
149 An Act respecting the seizure of arms kept for The whole Act, ex-
" dnllgeroll81mrp<lse3. i cept Secs. 0 & 7.
ItlO An Act l'('spectmg Explosive Substances. !The whole Aot.
" 152 An Act l'el:!jlBoting the preservation of peace atlThe whole Act, ex-
Public )'feetillgs. capt Sees. I, 2 &
I 3.
11'53 An Act respecting Prize· fighting: The whole Act, ex·
" cept Sees. G, 7 &.
154 An Act ~specting Perjury.
I
10.
IThe wholo Act, ex-
cept Sec. 4,
155 An Aot respeoting Escapes lmd Rescues. I'!'he whole Act.
150 An Act respecting offences against Religion. The whole Act.
157 An Act respecting offenCe<! against Public Morals 'rhe whole Act
nnd Public ConvenienC€. I
158 An Act respeoting Gaming-houses. .The whole Act, ex-
" I I cept See:>. () &. 10.
159 An Act respecting Lotteries, Betting and Pool-.The whole Act.
" ! selling. I
100 An Act respecting Gambling in public convey·1.'he whole Act.
" ! nuccs.
161 An Act respecting offences relating to the Law of The whole Act.
" i :\Iarriage. .
162 An Ac~ respecting offences llgainflt the Person. The wholc Act.
1G3.An Act respecting Liool. The wholE:'< Actj f'X-
I : ceptSe~.(j&'1.
104 An Act respecting Larceny and similarolfences. Tho whole Act.
195'An Act respecting li'orgery. . The whole Act.
!t17IAn Act respecting offences I'elating to the Coin. 'l'he whole Act, ex-
" I cept Sec.'l. 26 &29
I to 34 inc1usi V6.
1G8 An Aot respecting malicious injuries to Prop£'rty. Tho whole Act.
Hi\) An Act respecting offences relating to the Army Tho whole Act, ex-
I and Navv. . ct'pt Sec. 9.
171IAn Ac~ respecting the prot-ection of Property of The wholo Act.
I Seaman in tho Navy. .
172,An Act respecting Cruelty to Animalli. 'rhe whole Act, ex-
i cept Sec. 7.
173 An Act respecting Threats, Intimidation and othOl'[''1'ha whole Act., ex-
offences. cept Sec. 12(8$.6).
114 An Act respecting Procedure in Cl·jminal Cases. Tho whole Act.
" 176 l\U Act respeoting the summary administratioll ofI' Tho whole Act·.
" Criminnl Justice.
471

HeinOnlinc~~ 1892\'o1.I4711892
 OFFICIAL· REPORT
OF THE

:DEBATES
OF THE

HOUSE 'OF .COMMONS ) .

OF THE

DOMINION OF OAN ADA.

SEOOND .SESSION-SEVENTH PARLIAMENT.

55-56 VIOTORI2El, ~892.

VOL. XXXIV.
COMPRISING THE PERIOD FROM: THE TWENTY.FIFTH DAY OF FEBRUARY TO THE
NINTH DAY OF MAY, INCLUSIVE

-, OTTAWA
PRINTED f!.Y S; E. DAWSON, PRINTER TO THE QUEEN'S MOST
. EXCELLENT MAJESTY •
I
1

1892 I

\
 .',,'
'.;' ..
" -<. ' ,. ,i "'1

[MAROH 8,)892.]
c"'-"

. .==============~==~==========
McDougaU (Gape Bret-on), Earlj:l, Pope,

l ~~~~;l,t (Sir Richard), Edwards, Putnam,

MoKav,.·
McLennan, . Fairbairn, Reid·
. McLeod, . Fatlvel, . . 'Robillard, '
. McNeill, Featherston, . Roome,
Mara, . Ferguson (Leeds & Gren,), Rosamond,
F.erguson (Renfrew), . Ross \Dundas),
Forbes, R-oss Lisgar),
Frechette, Rowan'd,
Fremont, Sanbdrn,
Gauthier, Semple'
Gibson, Smith (Ontario),
Gmies~ Sproule,'
,B~l;±:::
:,:~
\B:ochelaga),
L'Isletl,
Gillmor, Sutlierland,
Girollard{TwoMonntains), Taylor! .
Godbout)· .. Tyrwhltt.,
Gordon, , . VIawen,
Grieve, Wilmot,
Guay, ... Wilson; alid . .
Henderson, Wood{Westmoreland},-96,
And that the QUorum of the said Committee do
consist of Nine Members. . .'
Mr. BOWELL moved:
That tLe te.por~ of the speoialoo·mmittee appoInted to .. ' .
report lists of members to compose the Seleot·StRnding
Committees of this House be conout"l:ed in., .
Motion agreed t-o. ,
MEME:ER INTRODUCEfi ..
JOSEPH GIROUARD E..."CI'1 Member for the Electoral
Distriot of Two b-fountlims; introduced .by Sir John
Thompson and Mr. Ouimet.
THE '<;RI~IINAL LAW.
Sir JOHN THOMPSON mov-eu for leave to in:tro- , ,I

Quce Bill (No.7) respecthig the Cri.minal Law, He

said:, ·This Bill is substantially the .same as that
introduced last session, but it. contains some
: .. '.

improvement.s wbi9h have been snggestedinconse-

quence of the cirCll1ation of the Bill, and which I
the Quor'um of the said Commit~ee do will explain to the House mo.re fully. on the·seoop.d
Nine Members. 'reading.
Motion·agreed to, a,nd "Bitt" read the first time.
·.Q)~'~.~InOUI,TITRE AND COLONIZATION.
WRECKING 'IN OANADIAN WATERS.
Messieurs
Mr. BOWELL moved for leaye to introduce Hill
Hodgins, . ,(No.8) relating to· salvage and, wreCking, He".
Hutchins" 'said: This Bill is somewhat similar in charactert-o
Ingram, that which was introduced a couple of sessions ago
Innes, bythehon. memberfol'lfrontenac(Mr.~irkpattick),
Joncas,
LaRiviere, . with the additiol).!, for whiqh those who opposed it·
Leduc, at the time contended. It gives t-o American ,
Legris, wreckers and salvage companies the right l?f wreck- ...'. ':-
Lepine, ing and salva~e in Ca".{ladian .waters, together with .
Lippe, aU other privileges. which are necessary'in order to . '
Livlngst-on, make.that'right.of any use. ImigM also add that. ...
Mtwdonald (King's), the American Government, or those who- represent
Macdowall, that Government, have consented to extend the
Mackintoo.h, provisions of theit' Bill in the ~e .of this. measure,
McLean, .. "',
McLennan which will give the Canadian wreokers the same
MoMillitll (Huron), prh'ileges in American waters thaj; we are giving
McNeill, to American wreckers in Canadiallwaters.
MaTa, Mr. LAURIER. I apprehend' that this lUll is
Marshall, one of the resul~ of the 'v.isit lat-ely paid to Wash-
Metcalfe, in~ton by some of the Canadian MinlSters, I t-ake .
M~gnault, thIS ocoasion to ask the Government if they have~
Miller, ' or if they propose to lay on the Table, any corres-
M0nta.,aue,
O'Brien, pondence tha.t prec~ded or any ~pers relating to
Paterson (Brant), what·took place in connection With that yisit, or if
Patt~l'8On (Colchester), they are purely infot'mal and not to be presented
Perry, to the HOllse? , .
1311 ~CmLllONS]

),11'. ),IULOCK. I 'was present at most of these had with him, I 8t<1t('(1 that 1 was of
cOllllllittee)neetings, IUlll I neve\' heal'!l it stated that we might sit nnt,H 11 o'clock, Lut I
that the \dtnesses were bound to gke ed<lence ~uch a shower of protesting sin,:e then, that I
without an order of protection. It mn,y 1111\-e heen If ~he leadel' ,of t,he Honse will agree, 'we
so stated, 1mt I 1wxe no l'ecollediouof it. Il'emelll- nllJonm at G () dock to-morrow eyeuing. ,
bel' that they were told that witnes::;es would be Sir JOHX 'l'H(}~lPKOX. UlHler these
eXllmined tOUChing the contents of books in n eel'- I,'He"""', nnll to meet the dews of han, ~
tain way, I l,eHen". howeyel', that these,yitnesses lllltlel'.<;too(l that, the Honse will
<lid not ask fell' the protection of Ptll'1i(tln~nt before o'doek to·mon·()\\' en·ning.
they gflse eddence that might ineriminate them- It heing six o'dock, the Speaket'lcft the
!;elvcs ; but there "\,-el'e stenogmphcl's tIl ere, antI the
eddcnce will show whet·her they took SHeh It PO$j·
tion or not. After Recess,
)11". :\IILLS (Bothwell). l'al'liallJellt assel'te(l in
the examination of persons in )'efel'CllCe to the sttle THE CRDIIlUL LAW,
of offices hy tlw Duke of York antl )'Irs.
llpon exalllinn,tioll of the Rev, :\11'. \Yillinms, 8it' .JOHN 'l'~O:-'lP80N Illove(l !::'ecOlhl
'there 'vas no pl'i....ilege to claim) and that It person of Rin (No.7) respecting the Criminal
must answer any (luestion thn,t the cOlllmittee SIlW 8nitl: I tlesire to {\Yail myself of
propel' to put. uf the House to move that
second t.ime in a·1l n'mce of
I ),11'. i\IULOCK, The tlecisioll which I haw cited liecause the Bill is a very "
in 18~8, was ten years suhseqnent to the eU(luil'Y fn.ct of its' haYing been
to whieh lily hOll, fdentl reflj1'8, nntl it) therefol'e, which will no (louht he
sUllerseded lmy (lecisioll of the cOlllmittee of a in'iol'
(lilte. At all enmts, I tltke the gl'Ouml that I.~ wit· Ituot lun-e giYell memhers time "'0,'""""," o'~.:~""l"
measure; !llHl the ~ecolld
lIess is hound to pl'otect himself, <1.11(1 it, is not fo1' its l'cfel'cuce t(J It select c",,,u"il't~e,
Parliament to be ast,ute to Dnd excm:es t(l defeat pose to ask for) will somew]liLt
the entls of justice. Those who seek to defeat sidemt.ion, will (liH~ct the attention of
the eIHl!'! of justice must take their (lwn eourse in who are to sel've on that committee to """.""~'O"'",'
(Ide}' to ami! themselves of the proteetioll which during the Efi.<;ter and will
they Cil,U, mltler tlle law, secure for themseh'es, committee to go IJl'omptly wOl'k
For my pn.rt, unless they call show (tn undertaking l'csumes business. I think, ho.w,,,,,,,·,
on the po,rt of this 'Pttl'lh"ment to protect them, I especially as I.am 1l..'3king the in,LuLgen",
for one am in ff~\,oUl' of giving them the Leuent of HOllse on t,he ll1!tttel', to st-ate
nIl t,he eyidence that is withiu t,he l'eaeh of this pl"illcipal pl'ovhdmls of the Bill are, because it
"Honse and the cot~ntl"y .. received cOllshlel'a11e atten~ion in the cmmtry,
)lotion t1&'l'eed to, am l'emituIe(l e.... ery day by .... nlnal)ie s.uggestions for
it.s impl'o .... ement, which I H-m stilll'eceiving, 'Ilie~
ADJOURN.\lENT FOR J<~Ai':lTER. objects ()f the Billltl"e very tel'$ely expl'6...'<Sed in ontt,'
plts~ngc of the l"t'!)ort of the Royal COllllllissiOl,
~Ir. TAYLOR. )oIr. ;:'peakel', be£Ol'e the 01'11Cl'8 which imcstigat-e! the subject. of the cdmin!lllA.'f.
of the Dn,y ltl'e called, 1 wish to Eay that several iu Enghm(l, in Ilenning the effort Itt co(litica.tioll ill '
memhers of the HOllse on hoth sides lHl,ye spoken to a similar Bill in Gl'eat Brit-nill ill the»e wOl'ds :
me, pointing out that if the Honse wmIltl !Hljoltl'll
at ij o'clock to-motTow eYelling tmtn Itftel' the hoH- "It is fl retlnction of thc cxi."ting In:w to flU orderly
fl;1..Ys, it would afford them an Ol'l)(ll'hmity oflcm'ing writteu 5:r~tem. freed from needle&; teehnicalitiel!, o~·
scnrities, nnd other defects which the expcricllt'e of it! ".
for theil' homes hy the tmins which depart },efore Administrlltion has diselo5('cl, It aims nt tha reduction
tlmt hout', \\Iany of the members from NOYlt :-)cotia to l~ srstem of thn-t. kind 0f l'ubshmtiY6 IfLw relnting t(l
l.md the Eastel'll Produces will hfwe to take the crimes nnt! the law of proecunrc, both ns to inuictable
t.rain to.mol'l'ow aftemoon which lelwes here at ±,40. uffellCes nnd n·., to summal'Y c0nvictiom',"
If it, wonhlmeet the viewt! of the GoYel'l1ment and The Bill is fmuulecl on the IImft colle prepared by
the Opposition ItS well, that the-House shaulc] ad- the ROYfll Cmnmission in ({l'eat Britain in 1880,
jomn to-morrow en:llillg at 6 o'clock, I know thnt nil Stephens' Digest of the Criminal Law, the
it would meet with the wishes of the majority of f:'clition of Hnj'j, HlU'hiclge's Digest of the Cnlllulinll
the memLers of this Honse. Criminal Law nf 11489, and the ('tnHltlian :-c:.ta:utory
Law, The eti'orts nt the rellndion of the criminal
),11', Ku'rHERLAND. I must say that the Ml- hny of Englaml hlto this sllf~pe lmye been cardecl
joltrnment nt () o'clock to-mol'l'o"\\' ewning wouh1 on fot' I1enl'ly sixty years, 1I11d although not yet
llleet the views of the majodty on this sille of the pedectecl by shttute, those efforts haye given us
House. It would meet with general ap1il'Ovnl if it illllllellRe help in simplifying HIlt1 l'(>clncing into n
(lid not illteriel'e with ht1sil1e~s. SV:;tClll ()f this kind nUl' law relatiu<f to criminal
Sit' JOHN THO)IP.':iON, In (jllestions uf thiS liHttters {Hul relating to criminal pl'(~l.!e(ll1re, The
kind we are nlwnys in the hands of the HOllse, I contents of the Billltl'e shown 01\ the first page of
thought, howeyer) thflt, nlthough the House might the (h'":ft, It will (leal with (,ffences agai,nst,Public
not sit 'elY late to·morrow e\'elling, we could oreIer, Illtel'~Htl lIud extemlll; offen,css ~tfteettJng t.he
canyon the Imsilles<; until prohaLly] 1 o'clock. nt1n!llllsha~l~1l (If the law awl of J,wstwe; lJ.rellce~
~.rl'. :\IULOCK, All the tlnins le{we hele be_lltgnmst lehgl;m, mOllUls fUHl publIcl COn\·el:I~I.tC~;
fOt'e 11 o'clock. offences aga~nst tie p~rsoll Ull( lepu fllOl.
offent.;es agamRt the lights of IJlopedy and
:\[1', LAURIER. If the hOll, gentleman \dll lights nri~ing out of cnutw.cts, and offences i
PCl111it me to refer to Ii ptiYate cOllvelSntion thtlt I connected \\lth ba(le; it will (lenl \\ith pro-
.:\11'. )'IUL00K,
 1313 [APRIL 12, 1892.] 1314

;:edure lllltl prCJcecllings aitel' eOll\'ictiou, awl "'rho distinction betwecn felony and misdemen.nolll'
in early timecl, nearly, though not absolutely.,. identi-
actions against persons administering the criminal wn~, cal with the distinction between crimes plluishaole with
law. I llIay ~lty, tVi l'eganls any prodsiolH; of [l1It' den,th und crimes not so punishable, Flirn long time paH
hm'tonching the subject; of eddencl', that I Imye this hnl:! Ceil sed to be the cnse, :3-Im:tIJ911nltiesnre no longer
.:t'wlea\'oul'etl W ulilllinnte thew frOll! this Rill, with lJnnishnble with clenth anrllll!tuy misdemeanours nrc lH>W
lltlllishnble morc sev~l'eh' thnn.lllnllY felonies, The grf'lJ.t
,the "iew of iutI'OII111'ing, as I propose t<J (10 illJ- uhnllges which hnve taken place in our criminal Inw 11In-e
llU!ltiately a-ftel' the j'ecess, a BilI I'elating to ed- made tho di~tinotions nenrly if not nltogetherunmcl1uiug.
(lellce in all umttel's which nre under the control of It is im/Jossible to sn~· on what J)rincilJle embezzlement
should )e!l. fetony, nnu the fl1Ul ulent Inisapproprintion
, t,his Pal'littu1ent. Xotice of that Bill is 011 the of monev by nil agent Ot' the obtllining of goods bv fnhe
::Xotic.:e Paper. I wtlllbi further explain that the Hill preteJlse Il llli~demeantJur; why bigluny should be n 'fel·
,~;iu\s at 1"1. cmlitie.:"l.-tion of both commolllaw IUHl onY\!l,nd perjury n misdemeanour; why child-stealing be,
ft fe UllY,lIUtl !tbdnction It mistlelllen-llour. The result ot
:sta.tutory lnw rd,~thlg ttl these sllhject-'>, hut that it tlli~ ftrbitmrr clns;;:ificntion is that the riglit to be bailed,
due;; not aim at cOIllJlletdy superseding the COllHllQH the liability to be Ilrrested witllOut WllrrtUlt\ lind, to rt cer-
:_~ law while it does ailll t~t completely !mpel"tiedillg tain extent, t.he right of the court to order t 10 payment fJf
'/£he'statutory hHV relat.ing to crime>:;. In uther trllry Lhe cost!' of proseclltions vary in n llllllll)(:r eqnally arM·
n-nd \Inren~ollahlc,"
.'words, the eOllUHOll lin.... will still exitit tlwl he re-
;cferrell tu, Rnd ill tlmt l'el)pect the cOtle, if it :should It is propo;;e{l likewise to a\)olh;h the pl"O\'isiollB of
"lie adoptell, will have the ulastil:it,y whioh has beeB the .exi.st.illg hew with ,'ega)"ll to nmue. \\'e
, ~o Ulllch def.:iired lJy thost: who m'e o~JPof.:ied to cotli- treat the 'phu.:e of trinlus I~ mattei' of cOllvenience,
;: ~c\ltjoll Oil geneml pl'illoiples. But It will not pt'o- antI t.he lleClll)ell may ht'tdell whel'e he hns heen
;"h}o for the punishment of !mything which has Leen Itl'l'€stcil 01" whel"e he limy he ill ensto!ly. It abo-
i:-hithetto a stntntol'y offence un1csf.:i that offence liiihes writs uf errot' und provide,'; Ull appeal court,
i':is' Pl'(lsc\·ibed hy the terms of the enactment whiuh is pl1ldiC<1.11X the .smIle It.>; the 0111 court of
"itself: I will cnll nttentif)ll briefly to H few C1'OWll enseii res.erYe!l with lIn·ger IJ(Jwel' than at
:cflnuges ill the lltw Bowexil;ting !"nul well umier. Jln~sent, It urodde!:! fl.,l!;o fo), llew trials in cel'/l\in
,~toO!l which the Bill contemplate;; . . Htlhstnntidly crimiIml ,ca:>e~, awl coutnius t. lie\\, pl'ovhdon t mt,
;jtfoUfJWS the existing law. It pl'Oposes, how<:yer, in cel'tuin cases and Oll certain '·,;:pl'eselltatiollii, It
1)0 tl,boli~h the_ !li~tinctioll he~weell p~'illUipalti !UIII lIew t.l'ittl limy he ol'(let'ed Itt the illSt-!\llCC of the'
::t_Ilc.::essorles_ It "lIm at lllaklllg ptllllSlllnent.>; fot, Crowll, l'eprcsentell hy the ).Iinister of Justice for
()'IU10tlS ofienees of somet.hing like the Sfllne gnHle the time being, The nttention of the puhlic 1m,,>
'/more uniform. It !liscont.iuues the use of the \\'ol'd been (lil"edetl yet'.\' cOllsiael'ably to nne uhange,
l,i"}lIalice" fU1I1 the wOI'!lllm{tlicionsly," \\"hich m·e which WltR monted ill eOll1Iection with the l'eol'gani.
~).1OW so COllUnon in hoth statutory um1 COllllllon hm-, llJltion of the h~w rellttill~ to ul'illlinal matteJ',':; ]\wl
{nllil which hu\-e been fouud to lead to eoltsille11\hle IJl'imiIml prueer1tll'e, and that i.s the prOllO!;ed aho-
)illicettnill~Y antI Htnbignit,y, itl the ftlhninistration liticlll of the system of indiutilleut hy gt"awl jury,
;;:',9£ the.cl'illlinnilaw hy jnt'ies. A few line>;; fl'lHlI th~ Tho ;~tteltti()l1 of the PI~dialltent lUlIl the }lllblie 1m.,;
'-""report of the Ruyal COllllllission ill EnglalHl will hcen {lil'ecte!l t-o that ql\(l$'tion YCl'y forcibly hldee!l
;,.ofplnill that pl'opositioll. They say : by a member of the other bra.nch uf Pttl'liament, a
memher to WhUIll, I lUll sm'e, both Honscs owe !\
:: ,"We havcavoided thouseofthewortl • m!ltice' thruugh- gl'C<\t tleal of !,,'11.1,titude foJ' tlJe pains allll tIlt-'
i o~Uhc droft code, beel1use there is n comlderable differ·
Ctu'e and the att-eutioll lw has de\'oted to
;:tl),ce bahreen its popular and its legal menning. FOI' ex-
, I>wple, the expreSSIOIl • mn-liee aforethought' ill refer- legislation Ilurillg the lllany years of 1\ useful amI
:}~ICke to muttler hus received judicial interprehltion which honolll'alJle life, I refer to 'f:iello.tOl' (~owan. He
":~d e.'! its use pusitively misleading."
moved in the mat,tel· a yelU' 01· two ago, and it WI\S
::)t defines llHUTlcl', !Utli in Cllses of (louht set-tIes thought hest that, the nttention of the puhlic shoultl
i ~~lJat lllttt"!lel' is, With that -dew it tlefbws 1)1'0\'0" he dmwn e\-e11 Illore strongly to the (lnes~ion thul1
~CattOl!, which m:l.-y l'etluee a hOllliei(le fl·01l1 m!U'(lt'I' it WitS l)y the l'emark.,; he 1)utlle all the snllject in
W{l lIlill1s1aughtel', It !leals with the ofienee of the ::-Jenute, '1'he result \\"11-8, as the House tllay
~!~II~aIllY, pt'ine,ipally. for the pUl'pose of l'emoyillg rel:1emhel', tlmt a circular was sent to all the jtul~e,':i
, } Ie dottbt-s wInch eXll)t nowas to the Iwtual state in t.he countl'}' who litwe cl'i1llillal jul'isnic·
$,~t ~lJe 1<m· with l"egartl to the pel'iod tIming whieh dOll, Hml iudecll nil the aitken; clmt'!-{ed with
-:J::~I~f of the tlecense of the othel' party to the crillliual p1'o~ecutioBs, Cltlliug theit' ttttentJoll to the
\:(:~l1glilallllal'l'ifl.ge may be an eXollemtioll. QtleBtions change which that leal'llell gentleman thonght
,~t,alw!\ys arise a>; to the !;om1 lidl>,~ of the helief of dcsimhle, amI asking their OpiIliollf-l as to its PI'!)·
q,thnt clet:ease hi' the pel·son 'rho has act-e!Ion the priet.y mul eXpe!lielH.'Y. It waH felt that till'
~f.,resuIllPtion t Htt the llel'eH~e l1<\-s oueulTell; nwL opinions of those -who n1'e COllllccte!l with thf'.
t:'-9l\ow~ng: the ))J'incilJle I'ecolnmeurlctl hy the Ro,)'ai IHltl1lnistm.tioll of Cl'illlillUI justice llwllul\-e its ellre
,_~\....mllmSSlOu, III order to relhn-e from the cl"illle of from time to ,time wOII1!1 IJC gn:at a:>sistmlr.:e tu
3_;I!I~allty, it lllakes the (lecease of the hnshtttld 01'
rr lfe ,of the fil·st marriage ahsytutely necessary. _All
;to".thet matters rtJIatuw to hehef as to the tlecease {If
Pal'liament, ill fmllling Hll~' dmllge that might 1)10
thought (le8i1'<1ble; IIlld We imye htul in l'cspolI::e to
that., 11 great 1l1l111hel' of I'epliel'!, _m(l~t. (If which
Z:-lpe nth(!\' party to tIle ol'icfillal man'illae must he haye heen puhlif-lhe(l, ltlHll;(JllIC tlf which lmYe l'Ol1W
r,tr""tel
'i::'~ ..... , ( liS lllatters of' eXhnltmtlOll
_ I:> - °1 lllatters
ftIlI to hamt since the pUhliea tion of the l"etU1"ll by
~! lO\'~ng the clenwuey of the CrOWll. It -proposes to onlel' of Parliament. The opinions UlJOll tHnt :>uh,
t':?ohsh ,~I!c term •. hu'cen,)' .. anll to IHlnpt the tel1U jed 11y those who were tlm", whll"e:s.se.l we!,e
'~iththeft tlll)teatl: a~ W~If;
s,tl"ongly reeO}:"11elHletl hy \·et'y 11h·i!lell ill<lce!l. )lost of the jlH1ge;; whtl nrc
t:the Royal COll~lll1S,':IlOlI m hllghuHl. \ \ 1th reg!Il"ll to acenstolllell to atlmiuhitel' ju~(iee without juries,
~" elR\\' of Ill"Ocetlurc, I IH'OI)(}SO to ld)lJIish the llis- in OI'tlillUl'y proceedings, wel'e in fllYOm· of the
;~ll\l t' 1 .
:~~he tcnt Jetweell fe1oltl~l:I lUHllllisllemeauot1t';;. A ehllllge. TIlt' others were tlh·hle!l ill opiniol1, tlll'l
t1hO t•t ll!\sS<lgc froilt the British tepot't will explain it is 1ll1po!;sible ttl deny, ~Il dew of so stl'lmg a
;}- !lllItllOt'tallcc of that chiuI.>!e, It ;;ltys: !livh;ion uf opinion 011 t.he l)uhjeet, that it !;t!elllS
~ _ -_ 42 ~.
tt;,~
t·i:.
 1315

unwise, ill eonnection with this

.. [COMMONS] _ _ ... .....

.1twa~tH.e, I
to force (tl'e many oftcnccs, ItS lIlost \llCm\le:.~
!w'e
13 1
~~wa~~1.-:.:·
that- IJl'ovbion Oil the attentifJII of P'~l'lialHent at whieh tt:ialu\ay h\kepll1cc nowwitlwltt nny conc', -jti.~~,
lwe8ent: . I must filly tha.t. I concur pel'sOlmlly ill t ~Iient fot' trial pl'e~e\1i~Ig' the charge to the 1ll\0-!1~~
the npUllOl\ expressed III another Elnce by the I Jury al\ll t11(> apphcatlOtl to the grana jun' arr~~(~
leat'lleai{entlemal~ to wholll I luwe 1l11t(le t'ef~r:nce. \ dictment hy the gmlHl jm:y,. It willl)e n))s~l~fe'f:¥;
all(\ I thmk thnt lit many l'!;,$peet:; the luln1l11lstm. ,necessary tllt"t we should mSlst upon n Pl'ovisiri'~ .~lt3:.
tit;m of ju~tice \\Om,.W he hllpro\'~(l !f we (lispensed \ we should abolish th,e functions of the grall(i j~''?tr.
I
wtth the.ltltet'\·,mtlOH of grand Jut'leS. I wIll [my that e\'e1'y pel'son tl'1ed must first be COlUuLitted f!'r.:i:
~)\le wonI ns tn the l~i~lmted lltle~t~(m of j1tl'istlidioll \ !ria,l, and in the seeond place th~lt the complriii11~~;'
1116 Dt'Op()SItlon WitS weotel! lll!hetment, clwt'ge, nl' whnteyer It wight he wh';&~(~
til this mnttet'..
I
1l)1w ago ~,hat th,is matter may he heyolHl the con· woultl take theplttce of a gr~1Ut1 jllry's ir.di~tlile~t~~~~~
,tl'of (I,f tIllS Pariuunen,t, t~nll tu1.~y l)e more l:l.t·opet'ly :'lh,oul~l \)e appl'owll hy the Ju<lge hefnl'e \\'holll "f11~~t;.
exercisell \ly the pt'fH:mcmllel?ls1atnre>5, \\ hen we 'I trml13 tn eome Oil, J;!1~~t
eOllle to (lctll pmcttc-ttllY wIth the matter, that ,?i:?-\.
t~itl'et'unce seents tfl me to'mnisl\, It ,i:; not a 'lues- :-or t', [~AURU:R. Thi.~ 1~i1l it; 11O,t yet, al'cordlrt,~L~~l;
I
hon after alll)f \\:het~lct' the gt<U111 Jl1ry forms !\ !o the l'ules of the Hon~e, 1Il ~twh II (.'ollclition tJj.aV'~
P(l.lt of the Ol'guntzatlOu of the etnut or not, <ll1ll It :;houhl cOIHe up fot' lhscut'!SlOll, hut, I\S I tn\t1i;r~;'-;~
t!le1'efo1'e ifJ un,del' I.:}t(~dncial coutrol.. l,t is a ,tIHe')- f:lh\i\tl tiutti the hon, gent,~enmn illteluls to rcfe{«[:,(i'
hon wl!ethee, mCl'l1n!llil;lllt'OUetlt~re, It. 1:; Ileslrnhle I at Olll!e ~o I~ select COlUtlltttee, ancll\-s tbe VLH'POfVt
to contUllle the exercIse of fllltctlOllS hy the grant! of the Btll'ls what the hOll. gentleman has JUst'eX;.~-;,;
jUl'Y, I11Hl in t~llo\lting all lunelltietl cdmintl.l pro- l)lah.lell, that i~willllot introduce allY great cnnng~;~~
-' celiLll'e, I b\ke to le heYOllll t10uht that the ques, ltlt IS' to put III statutory form what has alreflar~;;
tiOll as to whethet· we should 01' not tlispense with existell hy Btatute 11I0dified hy the opilliOlt" Q't:!-,
the J;el'Yiees of the gmnd jmies, is one whil'h is elnillent Jut'ist:'!, I, think it ltmy go at once to'·~;~
inchuled in that diYisioll of the criminal Iftw. r secolllll'eatling, Thet'e at'e m<UlY new fetl,tut'c,,> hdh~t
I
.obs~l'\'e one ul'i,tici$Ul which it may be, well, to Bill, l,nt I think there t\re llOIle- which '~'i11 stHrtt~~J.,:,
llOttce, as Itffeehng to some extent puhlie opm- the uountl'Y Ql' take the vcop1e by Stll1H1!5c. i\l~t";:
ion upon this (lUeBtiOll. The eit'uulat'S which of the new fen,tme8 M'C prop,edy ha!~etl on the-j.;
weee f\,lhlres$ell to the judge.'i ailli the pt'oseCtlt.ol'S changes which haYe taken -place in the el'illtinalll\\\:';'.'
Ill\d atto1'lleys geneml throughout the country, 11l\d, up to the present time. 'l'here is olle fel~ttlre in 't.he~~~:
as oue result, the effect of calling the ntteution of Bm with whiuh I eouCut', and thl\t is that the hon;:,,-'
the grand jmies themselves to the (IUestion amI gentlema.ll llluintnins tho fUlIctions of the gh'ift~i'
eYen from them diverse opinion~ hnve come, The jury, He does thl\t more in deference to -PltU,lit
criticism to which I refer is this, that it WtlS moot opinion thall in accordance with his own \'iew. 'IlL
tnneasolUthle to expect from the grand jururs any this imp0t'tallt matter of the grallll jury, I au{;~;'
expl'essioll of opinion ftWOlll'able to the lliscolltinu- COIlStll'yo,th'e to the hilt, I helieve in the gl:n~,d:~
anee of their functions, amI that it \l'0111d he practi, jut'y. Of course, the grand jl1ry has llOt tim sal~ot
c,nny like consulting P~H'liament !\-S to"whet~lCt' Pat'- funotions ~o di<;c.1lal'ge n?w that it form,erty h~1i~':
luunent should be ahohsheflol' not. l'ipenkmgfrolll In an eal'her penorl of lustory. the functlOll of th~.~
my own experience, which has heen pre~ty general gmlld jmy was to l'cdew t,he state of alfaiti; in rinf2;
!n the provin?e in which I. pt'Mtisell, the conb:ary connt)' at,1<l point out any abuse.';I that existed, '1:111,('
IS the fact. rhe grand JtH'Ol'S of that pt'OVIllCC funchon 18 now largely perfonneti hy the press 'Ql"
h<we 1teady always heen in favour of the lliscon_ the conn try, bllt the most imf' ortantfullctions of~lt~
tinmmee of their sen'iees, hecause ~hose services granl1 jUl'y still remaills, all{ that is the indictment~
,they consider onerOll8 Imd uuimpol'tant, There are of criminals, lknow Oflto system that callherlevi~f
two stt'ong reasons tlw. t itttince me to delay any l'e- which offers not only to society hut to the parLr.
(lltest to Parliament to alter the law \vith l'egl1.1'll to himself a hettcr lll'otection agaUlst undue persec~l~
this system, One is the opinion expressed hy high tion than the system of a gl'and jury. 'rhet'e n~,e'"
Mlthol'ity tha.t, fo1' the present at l£'-<'I.st, a continu- II.. lluml)er of offences which horder 011 the thin Ut)~,
ance of the funotions of gmnc1 jurors lemhi to a which separate mimillaloffellce.';I fro111 others, ari.J;;
h1.l'ge body of r~pectable persons in t.he community I think in these cases the summoning of the gr(\~\(tl·
heing present at the exercise of the functions of the jut'y, composed of the hest and most snhstalltl~,
court ltnd lenlis to their a!)Sistallce in the ex- men withlll a certaiu nHlins in the community. W
et'uise of ,those f\luction~, ·the result of the hest gltal'tUltee tn!lt t~ man willilot htn:e hl~
which is sniti to he, and I helieyc it to he, lihel'ty plewed in jeorRnly unless he is Justl},'
that these persons lun-e their (;ollfitlenue ill the iwensell. If the grant .fury were to he ah~1i.shed'I'
systelll of justice <'\s Mlmillisterell ill thi~ country and a UUUt had simply to he le~t to the dCt'lslon 0 '
iucrel1setl, they feel a greater co·operation \Hul sym- the magistrate, I wonlrl say that the ci!Ul1wter,o!_
pathy with its ttc1minbtmtioll; a1\rl to some extent the magL'ltratcs ot· the loct\l jmUchn'y would h.wt,
ttl\tHtional puhlicity among the llest class€13 of the to he very nntch improvell. Iult1any llluces per,,-
community is, in that· W<l.y, gh'en to the pl'Ocee,lingl:1 sons nre appointell ns justices of the peace \\'.h~,~
in our couds of justice, Another eCl11sitIcmtilJlt al)Hity Hnel kuowlcllge nre ret'Y limited, <1wllf 1l1~,
which has Imd gl'€l\t weight with the jtu!ges who these mll,ttN's wel'C to he It!ft in the hamls?f th~~e. .
(lesil'e~hnt the change r.houltInot be matie !~tpt'esent, magistrates, the lillet'ty of the suhject ml~ht t>e,
is the llllccrtu,inty llS to whnt pl'ocellnre wfJII1,l Ulltluly interferell with. :-50 far, I agree wtth th,e: '
take the pla(."t} of tlmt hefore thc granll jUl'Y, I CUll concillSlrJlt of, I helieYe, the greater numher whQ',
Sllggest no othel' as Hke1l' to take its IlIa,ce, exeept haye been con:sultell, that the time has no~ CQlJ\e.,--,
s()lllething like this: Tie l'efluit'emellt that tn-ery !tnll I ao Hot think it will e\-er cotne lI,llt flee
persoll, hefore heing trie(l, shol.l1d he cQl1unittetl fo-r cOllntl'y-th~tt the grantl jlll'Y should he dl:',pell,~l
trial aHet' a preliminlwy hn-estigation 01' an ex· with, I woultlnsk thehon, gelltlcmllu one [IUest!vll",
aminl\tiou by some lJOlllpetellt authority. There ;;imply tot' my own infol'lllation,' He 5ttltes that
~ir Jons Tl-lO)[Pt:!o~,
 1317 [APRIL 12, 1892,] 1318

iu the neW cOlle he 1ms dbpensed with the won1 of Yery great l::OIlSelluem.:e tlmt tlle grall!l jUl"Y
((malice." '''hat do!;:!; he pmpo$e to $Ubstittlte system shoulll he l'etllinell, nlH1 I shoultl tleep(y
.. for tlmt important wonl? l'eyret to see anr step taken to aholish it, anl1 b,
Sir. JOHN l'HO)IPSOX. I propose to substitute su )stitute something else in it.'> place. It L<; II
',11 new definition 0 f the l'l'ill1e of lllurder, amI new [lolntlal' element COlll[)o$ed of the lIlost influential,
, letinitions of tho8e vl'ime$ in which the word 1Cl.ml, 011 the whole, amoHg the best informed mem-
'[ 1 Jen! of the cOlllnHlIlib- ; and these lJeinou men of
' .. maHce ,. was prenon$ y 1l$1lI , ' [ 1 ['
soma st!\}H" ing am intiuence, heillg Ulen of lIlot·!.'
.MI'. MILLS (Bothwell), Ho fal' M my OWIl pel'+ thall a\'emge intelligellce, it does seem to me that
soulII yiew is concet·ned, I alit pleal3ed that-the han. it ·woullllJe n \,(JI')' glellt mistake amI it ,\ouM he,~
gentleman 1ms not dispensell with the C011StitUt-iOlt retl'ogt'essiYe 11U)\'ement, it would he the sacrifice
of the gl'CUH1 jUt'y. I am Hot gOhlg into!)- llisCllssiOll 1 of v. strong popuhn· element in Out' systelu, if the
i
: as to \~'h~thel' Cl., gl'nttll jUl'y is It uecessary part _of gnull~ jUl''y wet"e abolished amI <:It ?-ttem}lt m/llie bJ
· the CI'Illll1lul }ll'oce(hll"e, hut whateyel' may be It.)$.\ sub.';htute some pel"BOn or IJody III Its place.
,:,~~righl in that respect 0:' whateyel' hody maY,haye Hit· JOHN 'I'HO;\IPKON, T t!ftllllOt answer nn.y
:':-tontl~l o\+e1' the ,tl.ppomtl,nellt of ~\ gra.m1 JUl'Y, shol"tly the (lUe$tioll put \J)' the leader oE the 01;'
I
.~,thel"e IS no ,d?nlJt ~nl!lj' m!1lt~ as t? It~ lllll>ort!l!tce position in reuanl to the substitution of some
· in th~ adnnmstmttol\ of cl'unmal J\lS~lce. I tltltl,k lather phrase ~)r the wor(l "malice" hecause it

\~b!~~!:~:'i:~[:;~~;r,:f.;:: :{~~;:~~:(t~~~~o~~n:: II";:Wie~i~,~e :~~:~~d:~~~i:'~~~, '~tl::~;:}~ it l~~~~~:~~i

,\,tafn whether the pm-ty accnsed ought 01' alight not to tlea.l \nth t.he matter, Sechon .... bl, fot'example,
be
·;;t,o put on tda!. The gl<tud jUl'y perfOl'ms this says:
'I f I 1 •
.
.. Homicide may be either culpable 0:1' not culpable,
'fnnction, mullt· it so per orllls allot leI', all( that IS Homicide is culpable when it consists in the killing of'
Hle enlistmellt of the people in the administration any peri;on, either by all unlav7ful nct or by .an omission,
,I -of jnstice, E\'cn where the illtelligence of the peop1e without lawful axouse, to perform or ob~er\'e any lcg(tl
'/ tl\ight be greater tlU\l," it is in England, the aclmin- dttt)' Or both coml)ined, or b;o.' causiug a parson, by threat;:
· or fellr of yiolence, or by deception to do JUt not which
..; istration of justice if:! less rmtisfactory ·where there causes that perSon's death, or by wilfully fr:lghtening. tl.
ris no jury system, Under this system t.heir sym- chilrl or sick IJerson.
f~· rot,hies would ue enlistell when it is their duty " Oul12l\l)le hominide is either murder or manslnllgilter.
, j" ~ " 1 k 'I Hominide which is not culpable is not an offence.
(~. 0 l\( mllns~er Justwe {HIt to to. e part III bat " Cllillll.ble hOlUioide is mnnIer in each of the following
:~."tl1nctioll, because in that CMle the people are cases:-
':,.enlist.ed on the side of the hw. "No douht, whel'e "(a) If the oifendcnuC[LllSto cfinse the death of the pel'.
'I
.1 you
' f j' j f
l1we questIOns a (lSput-el acts, que.stlOns
'sollkilled'
.. (b) If ti,e offender ulnans to cause to the person killed
~ns to. the determiuation of lIw.ttBrs of damage any bodily. injury whielt is known to the offender to bll
·;:il.nd so all, it is important that the pdncij)le of tikelyto c.Jtuse ·(leath, and is reckless whether death ensues
ahe pett\· jllr" shotlld 1)e nmillhtiuc(l, ant it is or not;
'" .; J "(c.) Iff-he offender means to cause death or, being so
~';~a.:;o, of consequence that in J1l!\tte1'8 of criminal reokless us aforesaid to one Jlerson~ and by accident or
i.~JI\~hce. both the petty and the grand jury should be mistake kills another pe~OI1, thougn he does not meo.n to
'mainta' 1 v I 'tl [ , 'to ' t hurt the perSOll killed;
:~ _ llle~ • ~ on laye III 16 gratH Jut'Y aSSliI "(d.) Iftbeofi'enderdornl1),un1n.wftllobjeot, doe$ nn nct
"i-t1)e judge the hest llerBolls in the community, the whioh he knows or ought to have known to be likely to
.~l$Jt informed amI t.he most law-abiding members oause death. nlld thereby kills any person, thoullh he
::~t t!le community, They assist tI}e jtlllge in ell. may ho.ye desired that his object shonM he eft"ected
.;.,forclng the law, awl e\'et'~'\\'here you find scattered withollt hurting nn~· ana."
'(i:"',mongst the cOlUlnul1ity those who hM-e taken part Autl sention 22::1 :
::tllllea.rly every session of the COI11"t, who are t·heL'e "Culpahle homicide is also murder in each of the
ili t 9 repel the attacks which may he made against folloYfing CLlSes, whether the offender meaus or not
~·}}to$e whose frientls haye l)een convictect ai' other- death to ensue, or knows or not that death is likely to
~~~·ise pltnishe(~; ,tml I so,y that those,Persons, h?t.h e9~(~.) If he ruetl.lIS to infliot grievous bodily illjnr . for
:.:t~lI the gmnd Jury awl on the pettj' Jury, shmdmg the pUrpose of fllCllituting the commission or nny of th",
!.t~lr fot" the nthuillistration of the In,w, should be offences in this s",ction mentiolled. or the 1l.ight of the
::)tetuined as Ii matter of very much greater con. offendor upon the commi~sion 01' atte~pted eOlumissiott
J;;it!qu tl tl [ k I I I" thereof und death. ensues from suoh inJury; 01'
":;·"1 ence lan, lOile W 10. ,see - tIe ?,)O l~l?n :'(b,) Ifh~ admini.sters any stnpefying 01: oyerpowedng
I
:~~,I' t.he gmUll Jury are. 1nllmg tf} admIt, rne thmg for elther of the plll'pOSeS aforesuld, tllld death
~,:~ I!Ustel' of Justice cu1mits that some othel' ensues from the affects there?f; or
~..1pet'SOll 0' I 1 . 1[' ' t 1 ' t 1 "(c,) Ifhe bv an .... llleIUlsWlltllUvstOT'sthe breuthofany
t:\it 1 lOr. y "OU t U~(lllll'e 0 )e lI;\'es C( 116rSI.ln for either ot' t.he 1JUrpo~e3' nforcMid. il.ll(l death
~Vi.~th the pOWel'S all(1 t1ut.tes now llc\'olnng Oil ell2Ues from stich stoPlling of the breath,"
¥·!l e gl'aml j\\l"y if the latter were ft~olishejl. AmI so with l"eual',1 to ,tIl the I1fl:'euees,
~,~, {o l not kilO\\, who couh1 he "estell wlth that 0

~-a~~t,hol'ity that wotlltl tlisclmrge the au ties mOl'e ?Ill', ~lILL::-: (Rothwell), It is still more tlifficult
:)~t.u>factQl'ily, I tillillit that yon lllicrht get. SOllll;! to ull(let'shm(l,
P'91lehtlh'j' I t ' l ' tl' I °1
t!,;~l uI t 'I( u;\. . t'1.tllle~ 1U I~ aw W,lO, pel' !aps,
I :-iil' .JOHN THO-:-'lP.sOX, The difficulty about
,:'•.·1 d llometllnes ,WlHtl the Hmt!\kes mto wlnch!1. l' ,. 1' 1 1 .
{<~:rallcl jury might falL But that i!; only oue llIattel' " 1,\lll t~e ~~as that It W(\$ ~I~el .m a eg'l. sense qmte
~}Q ~e considered, There a1'e the general int-el'ests! tontl/u,) to tl~e popllhu sell!j~. ,
;';'J}£the !)uhlic there is the feolill" of cnnf111ence of ~ )11', ~lILT.!;\ (Rothwell), :-:ttll e\·el'ylll)dy nndel'.
~~41\fJPll )lic, tllet·e tll·t~ the Jl(h-oL'~te.,; who assi:>.t illi stood it, "
[?:1~1:I administl'lltilJll of t!le ltl\\· \yho are sc.att~ret11 I')it' ,JOH~ TH(nIP,-;O"X, Ko!)o(l~. in pmetice
i
~:l·t':l\tghout the ~onumnntr mHl ~d\? do HO,t ~ ltttle l\1H.l~t"stoo(l1t but the hn~·'yers. ~he tirst labour of
;;-.~.t\()~tal"tls upholllmg the law as It IS n.dllllillstered : the JUIIge WIlS to ~et the J1ll''y to thspense n.ltogether
f..l,n( er the present ~ystem. In Illy opinion it hi ill their mimls witn the sense. which e\'el'yholly lmtl
~p 42~' ,
 !;fI
1319 [CmDro~S) 1RoW'b
,"~

pnt upon the won1s "lIIalke afol'ctlionght., ,. anll think, )'11', ;';-pettkel', iU; they Hl"t, a11l)wull to l'Clnlli-~f:i'l,
-~A~
to tell them that w1mt the indictment :mit1 !lhont' in the H(UI,~({((I, that the original IIOl.'lllllents ~hOllM~~
llmlice tliLl not mean wh<tt c\"elyholly ill cl'eutiOll he placed befo),e \l~ so that we mtly 1m SUl'e that th6.~:
ex?ept the tr"jne{1 few, snppost!(l it to mean, 'rhe ho\\, 1Hen~be:' ,for :\orth "Brant has not heell hllpO~eit~
()h]eet l~ to use the WOl ds 111 then pop\llnl' ,:;ellse, 'upon br ~dlhons dOl.mmellts. ~owc\"~I', he th,~t~f.~
~lotion avreell to, ftlHl Bill reall thE sel'ollll time. ; ot' !lot, tt IS not my lJUrpos: to ~hspute It, I sholii\r).~
", ';." " T _ - like to refer to these attillaYlts somewhat ill tlibs.;;;
:~ll ~,JOHN qI.O.Ml:'ii~nt I 11l()\e that the BtU· ol"ller ill which they han: been reml. 'rhe fil'il l ",,~,~~
(:1\0, I) respeetlllg Cl'I11111Wl La~\-, 110 l'efCl't·efl t.o a 1 is that. !:!igllell h~' a mllll called (,hlldes R1ack. T~~:~.?
Cnllllluttee M he composel1 (If lIH:!lllbel'>:s of .hot}1 itellls 1, :2 aull a are }ll'ltetkally tt1.te; ill fact ali\~
Honses, amI tlmt the memhers on the Vlwt [)f Hus, of them Ill'e t.nw except, 4, 11 l\\lI1 12, whie)) J~ci'1
House he: )Ie,ssl's. AdRlllS" Amyut, ~rot1eut" 1shoulll like til rea!l to the House, Xo, 4 i ''!,l;~
l~llket', ('anoU, COlLtswoHh, t.:holjuette, (ol'iJOu1tl, f 11 w ,_
CUl'mn, Delisle, Dnly, Dickey, Edgttl', r~orhes, 0,,',' T'h' I
I I It ' " (')"1 k
8 M;~~~
,'c:;,.).
?" ,(,-. .\ I"'k t "k 'I-Le I Tn V 1', . at \Vflsonere(_ OSlJ!'lt (out' ,lJlln pn)'-shee{t:·f';
I nl.:;et, ,~llouan, ""It pu, '~~\; ,- c ,,0', J..A,U",e let,: (2) "being >:slllaller olles In J:llH(1 camp m snid yellr. salJs,t
).]onet, )'lulOl.:k,,:.ltt'&:;()lI, :-:in' .lo1m 1 hOlllps[)l\ lUlll order being given by Iln(l in ;:aid hhmk Pi\y-;:heets (4).~~·
Weilion.
\J - 1
l DCllIson.
beill~sig\\e(l by me ill the pl'csence of Capt. Chmn~~';j~;
.~' .,~
. ottoU ngree(" to. , " 1)\0.
I
11 is 1\8 follows:- .,_,:\.
)11'. ,-.1,PIL-\.KhR. l'here fil'B 1l.Hlt"C thlln, titteen I "11, That I now Lelieve thli.tthe nt'ore,;:aid two l2hnllli{;:l
l1lemhers, I ohserve, on the :;pecI<ll e(lIllJluttee to· blnuk pity-sheets wel'e officers' pay-sheets and that Ihad ~'~
whom the motioll proposes to sentI this Bill. It. will qll'OUgb. thel~ being bhtnk, be~n unwittipgly ind\\eed t,)j~':
l)e llece..%lu-y to s\1spcnll t.hB rule. t slgn ,1,lS ·\"(~teL1nary ;:urgeon and lor 11 \'eterlll(ll"Y l!t1rgeon~f~:.

Kh ,JOHN ,],HO)'IP~O~, I beg t~) IllOVe ~\mt: ~(~': 12 is \1,S follows:- ... :::D~
the r~lle he ~uspelHl~d III that jJl;rtlenlal', 1 he I "12. '.chat I now believe fUld t\lILt through hl\.ving hee~~:'
conUlllttee WIll, re\l~lll'e to l)e IL ~u.rge one, l)O~~ {OJ' I {lnlered to ride afore;:o..id horse 011 maY!Jhing out arad' i:'
the ample eXiL\\l1lH\:lOU of, the RIU l\uIl to fnelhtatc : amI also t.hrpugh ~~e pay·she~ts b,!'lmg blllnk, thl\.ti hMl·:. .·
tlte tranSitctiou of Its busmes$, I bee!l UlW1}ttlngly l,nduc;ed to Sl~Jl tur horsenllOWUllce ($1~.~
, durmg 8aHl C(l,mp 11\ Sll,ld year. ' '~.'<
)lotiull agreell to" .' '.'
", JOHN 'l'HO:-'IP80N I " ,1\ tl \1" " i 'rhese allegi\ti(jll~ resohe thelllseh'es into h\'~:fi
Hu .L, ~ , r llt_)\C ;ltt R - eB:>Il",tl \ chal'Vas' that I or my corps impl'opet'ly 1\t-eW FW)-:O"
he sent to the Kennte reqneo;tlllg tIteu' Honours to I ,"" ' . tIt"" - f" t .. ~ .':'~S
unite with this House iu the fOl'll\l"ttion of (\.Joiut lOlse.pay ~~ fHH t tn. \\e (Ie\\ p~1,:y ~n I\. \e elUlmy ,;~
Committee of l10th Honses to examine !UHll'epol't smgeon lll~tea.d of Plty fot, a f",Hler s sergeal!t., I~.
tl R'll f th C (N") t' ht\Ye ohtmned from the tlep'lrtment the Ot'lgIllIlJ'-;
n'p~m, . ltl 1 rom ,e ,0unnollS, 1 o. I l'espec ·mg l)t~y-sheets thnt were pnt in,~·t\l1!l t.l1ey were tha-a"~
(rlllllnlllLaw,t\1\tltolllform the :-:'ellnt~ thl1t ~\1!,SSt's. for Bla.ck or anyone else to see who chose to go tn,':
Allams, .~myot, BrOI~el1l', Bl\ke~> (l\\'ro11, CO,ats. the 11epal'tll1el1t for that purpose, I find here the':.:'
wortll, ~,hol1uette, COl'ponld, ~ul'ran, ~)e<:\hsle, U.lst mune hut onefMTier sergeant C. l~lack pa-id·fl'o1l1.,~
1~t~ly, DI~key, IMgtW, 1<01'he~, lil1.lser, Ull'ou!1.l'Il, ,Jnne27 1.oJu1y'2, 12 Ilays at {lO cents per day,:<;I1O,80, :',
h.lrkpntt'~~:k, )IcL,e,oll, Laugflher, ~1.?l1et, )h~loek, Blank column where horse llaY (h,HVH. 'l'his S}IOWS';
.i\Jnssoll, I':\u' John thompson nIHI ", :ldoll wlll,l~et that 110 horse pay \Vas l1rawn, ntHl this (lispose~ pt ;'
oll.1Ie1H~.lf of the :r:rouse of ('011\1\101\8 ,tl:! memlJel.'1 ()f that elHtl'ge. Tne only officers for whom we drew.'
~~ld ,To~:t COllllll1ttee slwul(l the :4ell1\tc a'gl'e.e to pay were nine, being six troop officers, a Slll'geon t · .
Itf.l ere\\. IOn. llll l\djllhtllt and tllll\.l'tennastel'. No pay was'
::-'Iot.ion agreed to, !lmwn for II \'t,tet'illlll'Y surgeon, amI we Ilflu 110'..
Yetetillary surgeon there. I m,LY also melltiolL 1\8 it"-"
KUPPLY-PRIV1LEt:K matter of f'let tll(~t none of this money passed
thl'Ough my 1utllds, I merely certified 'that the ,
;,It', FO:-:TER move!l tlmt the Honse ltg:nin I'€-<:\ol\'e pltymellts were COl'rect; I lllRtle 110ne of the Imy".
itf;elf into Cnmmit·tee of Knpply, mellis, amI received llone, excer,t the 81111\11 alllount.
.:\ll'. )JgNlf:lON. In refel'tillg to 1\ mattei' that of pay which e<une to myself. The next atfida\'it is
was hrought IIp the other ni.ght ill the 1ll0st eOli- one signed also hy Charles Blttck to ahO\lt the same
temptihle manuel' l)y the nwmhel' fot' Not,tll Bmllt £:m~ct liS the 1Mt one, except that it Ileals with the
Ph, ROlnel'\Tille)-- XCJrth- \Yest Rehellion. III that he says:
:-;01ne 11011. ),1l<iMBl':W:i, {)nlCl'; ontel'. "4, Thltt I signet! dUlllicllte btnl1k pay-sheet (2) ill
).11', ])EKIAON. I will with!llltw th<lt word, two l)lnces after aforesaid prolllotioll11Lhd thnt I now be,
lieve thl\t through the Pltv-sheets bcmg blank tbat I bnd
~h'. ~peak~t', if it iii nupadhunenta,l'Y, but it iOl hoon llllwittingh' imluced to Sign for n, ,-eterinary ~ur·
l·athel' (liffionlt to know what worfl to 1ttiC when geon':! Pity.'"
. <peaking of It person of tlUtt e1<\8S,
I ll£1se .tlso ohtninetl the 11!Ly.~hect!,l fl)I' t.he wh?le'
An hOll, ).r.KMB1~Tt Ol'ller, time the cOl'P~ fH~l'Yell in t Ie XOl'th· \Yest, on wInch
:'11'. D"ENI80N. I wf.mItI like tn say that it- i:; oeeasioll, I I'egt'et to say, I had \lot the hOllO~Il' of
1t llmttel' hardly worth the. while of taking up the being pl'e!:ient. These pRy-sheets sllow eonclusn-ely
tilHe of this House t() reply to, hut lU:r it has heen that no P!l.y Wlt~ Ih'l~wn for ,1, yetedullry 8m'geon,
gh-en It Hctitious illlpOltmwe hy 1Jeillg hronght IIp the only }1u.y r1mwll being ff)t' the troop, otticel~,
here hy the member for North Brant, I think it is IUll1 the staff, which consist~(l of the eolollel 1lI
only my Iluty to myself antlmy 11nty tel t.his Honf!e em1lll1ltml, the. I\tljutallt, the surgeuu !tIllI qmll'ter-
that I ShOllltl explnill the HlIlttet' as shortly U-!::\ ]Jos- l\l(l_stel', 'There is no Yetet111lll'Y smgeun's pay JI'il.\\:U
lSihle. It may he divided into two plU't.s,une,l\ 0hal'ge for time dl1l'illg the whole time the troop W:lS II t
ngninst myself, and the ot-her a chnrge llgainst the the NOl'th-W'est, That, I think, eOllclu8l\"c1y
Clll'pS which I hQ\"e the honour to bel(lllg to, An settles Iltti<1rwit 'Xo, 2, Hon, gentlemen call look
tIle ehal'ges are of the flilllsiest <:hal'ucter) Hllli I at these tlocuments !tllll see the pRt'ticulnl'i! {ot'
:-)i1' .J un:x 'fW»ll':';o:\,
 OFFICIAL REPORT
OF THB

:OEBATES
OJ:.' THE

HOUSE OF COMMONS
OF THE

DOMINION OF CANADA.

SECOND SESSION-.SEVEN'l'H PARLIAMENT.

55-56 VIOTORL1E, ~8m2..

VOL. XXXV.
C011PRISINH THE PERlOD FROM THE TENTH DAY OF MAY TO THE NINTH DAY
OF .TULY. INCLUSIVE.

OTTAWA
PRINTED BY S. E. DAWSOX, PRINTER TO THE QUEEN'S MOST
EXCELLENT ~IAJESTY
1892
 3321 [JU-"!E 3, 1892.J 3322

~====='==========r=====~========
iJf the I;f;'ction, flS ill.every case it would lJe nece.'3- liament had no authority and it~ legisln.tion must
~ary to show the intention to demil the train, (J1' be cOllfined to its jurisdiction and intE:rpreted ac-
knock ,1. person off it, or in f!mne other wily enc11111&er cOl'dingl:y. While it is morally the snme offence to
. safety. Every enactment of t~rimill(lllaw pl"Oyicle!> commit bigamy ontsi,le Ont· jurisdicticlll, aU we can
a heavy pnnishment for that class of offence J (lwl do is to punish any persoll who lE:<lyes this country
:- there is the saYing provision that one day's impri- for the pUrp(lSft of committing it.
, ~nmellt shall answer the pnrp08e!3 of the section.
No one can snp{lose that in the case Imggestec1 hy )11'. FRASER. I hflxe the idea in my mind, al.
. -onlY hOll. friend the lllil.-ximllm would apply; but though I am not quite sure abouli it, that in Eng-
. the question if; whether there is not any case pos- land such cases Iltwe Deen dE:lI.lt with. '" ol1lrl not·
:, Ijible in this clns:s which wotthl not jnstify impti- au enactment of the English l'al'liament huve effect
here'?
somnent for life. I propose that we shall !myat
line 32 "upon allY engine, te1ll1et" cfll'l'ia?:€ or Sir .JOHX THO:'1P.SO'N. Ye!::, but it:. has not
;' truck, lls€ll and ill motion upon auy l'I:tilway. ) legislate(l in that malllH:l'.
Committee rose, and it lJE:i11g six o'clock, the )11'. FRASER. . Then, practically, there would
Speaker left the Chair. be no redress?
Sir JOHN THO)'IP::;ON. There wouhl l)e no
After Recess. criminalliabililiY·
IN COMllITTEE--THIRD READING. On section·278,
Bill (No. R2) respecting the Montreal and 'Ye<>t· i\I1'. FRASER. It appears not to be made an
.- ern Railway Company,~(:"Il'. Desjal'{lins, Hoche- offence for a man to Jive with a WOlllan who is not
.1'~n.)
mnl'1'ied. This appear.':! to be one·sidetllegislation.
Sir JOHN THOMPSON. It is not intended t.o
SECOND READING. include that· class of moral offence.s. I may state
t.he history of this section. It was inserted the
Bill (No. SS) to amend an Act to incorporate the first time t.hree years ago, when an attempt was.
~lanitoba and Assiniboia.GrandJunction Railway
made to put down offences connected with ).101'-
:·C-(!mpfmy.-(l\!l'. Dayin,) monism and plur<'l.l marriages, and after cons.ider-
ing the laws of eyery state in the United States
THE CRHlIl'1AL CODE. which attempted to deal wit-h that qnestioll, we
Honse again resolvea itself into Committee 011 found that that was the hest way we could express
Bill (No.7) respecting the Crimin<tl Law. it, and the section receh'cd \-el'Y careful attention
from lawyers on both sides of the House. I am
(In the Committee.) aware tha.t the attention of members hM been
Onsection 2i5, called to the class of cases mentiouecl by t-he hon.
membel'fol'Guysborongh, butwehavenotintl'oduced
'. Mr. FRASER. Will the hon. gentleman ex· that class into this Bill, and it is questionable
~} plain sul)'section 4 ?
whether we should make that a crime.
'-.. Sir .JOHN THO~IPSON. The ohject of sub·
I. ~~ct!o1l4 is to keep the enact.ment within 0111' juris· On section 285,
<;.:5hcholl. In the early words of the clause' we speak 1.h. DAVIN, I would like to cnll the fl,ttention
~:;_lJf marriages in any part of the world. Of course, of the :Minister of Justice to the length to which
tl_,Cal!ada being a colony, thi::" Parliament can only this sect-ion goes in defiuing a defamfl,tory libel. I
;~ legIslate for offences committed in Canada, amI am aware that thel'e are decisions that would jnstify
f>~b_erefore in order to restrain the preceding words, makillp "irony" or "insilllUltions "lillellolls, but
[f~nd restrict them to om own jU.1'hHliction, we say: I am Inclined to think t,hat Yery great injustice
I-~\ '~4. ::No per~on shnll be liable to he cOlwicted of bigamy might sometimes be done if we were to place in the
r'~nl respect ufbavillg gOlle through a form of marriajl"e in Q statnte this definition of libel. SUPlJose an ironical
:, _1' a~e not in Canada unless such person. being: It British !H'ticle, a skit -we will say, is written lil a'newspaper,
:!, SUhtlect resident in Canndn. lenYei' C!lnndn ,dth intent to
\;;go :hro\lgh such form ofmltrringe." , an(l an indictment is laid, and the jtldge does what
~:1n such case we make it an oft'ence to leaye Canrtda Ila-w actually haye seen a judge do; simply read the
to the jury and says, that is the law; then any
:~-;for the pUl'pose of committillg that oft'ence in
t~ll,nothet' part of the wo1'1(l, tllltt being the full jmy haYing this definition of 1i1)el placE:d before it
t; ~x~el"tt of our power. woul<1 bring in a verdict agaimt the'Rccuse\I, al-
though from the Foint of de.\\' of practical life, all(l
>; ~_,Ml', FRASER. Could a citizen of Cauada visit the efficiency (> jotlrnalism, the "el'dict wO\lld
r~a,loreigll country {lll(1 go t.hrongh such form of TIll:tl'· be an outrageons one. I can easily understand an
~~:pl1~e alH1 retum hete, and not COlnf. within the insinuating article 01' nn ironical article being so
t;1llriScliction of Cal1adn. for purposes of prosecutioll? written that it would be libellous, aIHI then it woulll
be for the judge to eXlllain the matter to the jury.
;:,.:'. Sh· '!OHN THO)IPSON. Yes. There al'e cases where 11.11 il'onicalRl'tiele has ueen
/,'-. ~lr. FRASER. Does t-he )Iinister say that Par· held to be libellous, Fot"lnsmnce, Gf'ip which is a
~.)lamellt wouhllUlye no power in such a case ~ powerful and "ery useful element ill out' llOlitical
~: Sir JOHN THO)'1PSON. Yes. We a1'efollow- antI wcinllife ; (h'ii', eyery week of his life IS guilty
-Ling,-in that l'esped, the llecision gh'en with respect of libel within t.his section.
~.-Jo the juristliction of the Australian Parliamellt, 1.11', LAURIER. I do not think he is, (/-i'ip
<that. nlth(>\1~h the words uf;€(l extende(l beyolld the does Hot w!mt to insult, amI that is the element of
~,'terntorial Jurisdictioll of the Parliament, the Par· the libel. He is ironical bnt not illSulting.
:J'
:;,".'
,'.:'
 [JUNE 3, 1892.J
the section, as in every case it would lIe necer,;-
to show the intention to derail t,he train, or
n I,ers",' off it, or in snmeother way endanger
enactment of criminalluw provides
pt>mi"h,nent for that class of offence, find
proYision t,hat. one day's ilnpri.
the purposel:\ of the section.
that in the case suggested lJY
the mo.ximnm would apply j but
whether there is not auy case pos-
this clnss which would not jnst.ify hupri.
£01' life. I propose that we shall &l.y at
"upon any engine, tender, carria~e or
llsecl and in motion upon any l'ailway. '
~'!:p?~k~~~i:!\<:~ rose, and it being six o'clock, the
~: ' left the Chair.
After Recess.
82) respecting the Montreal and Weo:>t.. }'Il'. FRASER. It appears not to be made an
Company.-("Ml'. Desjardins, Hoche- offence for a mall to live with a woman 'who is not
married. This appears to be one-sided legislation.
to amend an Act to incorporate the
Assiniboia Grand Junction Railway
,mpanl'.-(Mr. Davin.)
THE CRUIIl'IAL CODE.
again resolved it.self into Committee on
(No.7) respecting the Criminal Law.
(In the Committee.)
vn ,sectlon 275,
st~E,::~1:~;~'41 'Yill the hOll. gentleman ex-
TH0.MP'JON. The ohject of sub-
to keep the enactment 'within our juris-
the early words of the clause we speak
in any pa-rt of the world. Of course,
a colony, this Parliament can only
offences committed in Canada, and
order to restrain the preceding 'words,
them to Ollr 0"'1). jul'isdiction, we SRy :
~.l'I~~~~~i~l::~o;,fJt~~~~,i~
:~ conyicted
n.beform of bigamy
of marriage in It
it'~~~ilg;~~~f;~~'t~i:~:~(j;;:;;;d~being
II: with Itintent
Briti.(·h
we tnake it an offence to leave Canada
of committing that offence in
the worM, that being the
our power.
Cotlld a cUhen of Canada visit
and go thro~lgll such form of mar·
here, and not come within the
for purposes of prosecntion ?
·JOHN THO)'IPSON.
3322
liament had no authority and its legislation must
confined to its jnrisdiction amI intel'preted ac-
conlingly. While it is morally the S[l.me offence to
commit Ligamy outsiJe OUl' jlli·isiliction, all we can
do is t.o pUll ish any pel'son who leaves this COtllltry
for the purpose of committing it.
}.It'. FRASER. I ha\"e the idea in my mind, al-
though I urn not quite sure about it, that in Eng-
ltmd such cases haw been dealt with. ,You!d not
an eUltctment of the Ellglish Parliament have effect
here?
Sir JOHN THO~IP,'SON. Ye!::, but it has not
legislated in that manner.
)11'. FRASER. . Then, practically, there would
be no redress 1
Sir JOHN THOMPSON. There would be no
crimin1.\lli~bi1ity.
On section 278,
Sir JOHN THOMPSON. It is not illtendecl to
include that class of moral offences. I may state
the history of this sectioll, It was inserted the
first time three years ago, when an attempt was
made to put down offences connected with "Mor-
monism and plural marriages, and after consider-
ing the laws of every state in the United States
which attemptecl to deal with that questioll, we
found that that was the best way we COllid express
it, and the section received very careful attention
from lawyers on both sides of the House, I am
aware that the attention of members has been
called to the class of CMes mentioned by the han.
memberforGuysborongh, butwehayenotilltl'oduced
that class into this Bill, and it is qllestionable
whether we shc;mlcl make that a crime.
On section 285,
1\Ir. DAVIN. I would like to call the attention
of the Ministel' of Justice to the length to which
this section goes in defining a defamatory libel. I
am aware that there are decisions that would justify
nutking "irony" or I I insinuations " libellous, but
I am inclined to think that very great injustice
might sometimes be done if we were to place ill the
statute this definition of libel. Suppose an ironical
to
article, a skit we will &1.y, is written 111 a'newspaper,
and an indictment is laid, and the judge does what
I actually haye seen a judge do; simply read the
law to the jury and says, that is thE: law; then alll.
jury having this clefinition of libel placecl before lt
would bring in a verdict against t.he accused, 0.1-
thollgh from the point of "iew of practical life, ancl
the efficiency of jOUl'nalism, the yerdict would
be an outrageolls one. I can easily unden~talld an
insinuating article or an ironical artic1e being so
written that it. wOllld be libellous, and then it would
be for tile judge to explain the matter to the jury.
There are cases where an ironical article hall been
held to be libellous, For instance, G"-ip which is a
powerful and yery useful element in om political
and social life ; ({tip, ewry week of his life is guilty
of libel within this section.
Mr. LAURIER. I do not think he is. a)'ip
does 110t want to insult, and that is the element of
the libel. He is ironical but not insulting,
 [JUNE 27, 1892.] 4266

'Mr. LANDERKIN. Have all other members parte eyidence to be offered nnder such eil'ctlIh.
of the force who ser\'ed in the North.lYest received stances,
;~.'; similar g1'<lllt-S ? Sir JOHN THO;)[PSON. The ground On which
Mr. DE\VDNEY. Yes. the joint committee l'ecommendell it was, that it
.1". Mr. LANDERKIN. What qualltity of-landhas was after allleaying the matter to the discretion of
(. a.ltogether been grantell for this pUl'pose tlP to the judge as to whether he would l'eceke it 01' not.
w-day? If it appearecl that the witness hatl not been .cross-
examined or the prisoner defended, and so forth,
Mr. DE\VDNEY, I h(we llot the information, the judge wouM practically refuse to admit it.
some, p,wt,,,, have taken scrip and others land, Mr. MULOCK. 'Ye should be the otles to
bring it down 1>efore the third determine whether, where, there has been no
cross-examination, evidence should be admissible.
:Bill repol't-ed. I 'would leave distJretioll to the judge if there has
l)een cross-examination, but not otherwise. As a
MESSAGE FROM HIS EXCELLENCY. matter of pl'inciple, we should llOt admit the
doctrine that depositions should be admissible as
FOSTER presented It i\IeS<lage from His evidence in the absence of the witness where he has
Excellle,,,y the Governor General not been cross-examined. If he has been, nnd the
Mr. SPEAKER read the Message as follows :- judge is satisned there has been a thorough exami·
nation, let t}le judge exercise discretion, and admit
the evidence. If he thinks the cross-examination
has been of a meagre and partial character, he
would be acting wisely ill refusing to admit it.
Sir JOHN THOMPSON. I will not press the
section. I think it is highly d.oubtful.
Section dropped.
1892.
On section 691,
.:H,~RIlOUiR COMMISSIONERS OF THREE Mr. MILL'3 (Bothwell). Some recent decisions
RIVERS. in England have held that where a party has
Inade confessions or admissions to an officer who
F()S'n:R moved secoUll reading of 1'88011.1.- had bim ill cttstody, they are not admissible as
the Harbour Commissioners of eYidence. I think that, perhaps, is the fairer rule.
to raise a sum to be applie(l to the
of wb£1.rVeSl fir other property, or the Sir JOHN THOMPSON. \Ye have the Ed·
't,u?tio~ of wharves or other accommodation for
dence Bill to follow, and will consider the clause
in the harbmlJ: of Three RiVers. theIl, in the meantime dropping it.
Section dropped.
On section 728,
FIRST READING. Mr. MULOOK. lJ.'hat does not meet the whole
case. It admits that interference with the jmy
Dl~l I!?")' 98) respecting the Harbour·Commission. may produce stlbstantial injury, hJ.tt there shall be
Rh'ers.~{Mr. Foster.)
no relief lUlless discovery tHkes place before the
vel'llict. If there has been an improper interier-
THE CRIMINAL CODE. ence with the jury, it ought to be open to the
again resolverl itself into Committee on pdsoner tn show that, even aftel' verdict.
7) respecting the Criminal Law. Sir JOHN THOMPSON. That is so uow. 'Ye
endeM'our to make some provisiolllater on for a
(In the Committee.) llew trial in cl'iminal cases.
111'. MULOCK. By saying here that disobedi·
ence to this rule shall be ground for the discharge
of the' jury and a ne\" trial in case it is discoyered
befol"tl the Yerelict, you imply there shall be uo
relief if dIscovery takes place after the yel'dict.
Sir JOHN THO?\IPSON. ,Ve· will let that
~tatld. I ask the attentinll of the committee to the
{Bothwell). I think in every such llext section, which pl'D"i\les that ten lllen may filld
be open to the p,ut-y on the other a verdict nfter four hours.
<11,,,,,,<1;.( a witness, althmtgh llO attempt
·«"'m'.(le to discredit him before the mv.gts· 111'. 11ULOCK. There is so m.uch in that it
preliminary proceedings. WDtlld be wise not to press it this session.
l1ULOCK. There is a gooel den.l of objec- 111'. MILLS (Bothwell). I do not like the cle-
t~is ch~use.. ~he examinatioll at the pre.; parture from a unanimous yel'l.Uct.
llwestlgatlOll lS not as thorough as thot at -:-.rr. MULOG1\:. Let. us see what the countI·y
the case. The preliminary examination Lhinks of it.
ex pade examination frequently t·aking
C<1wi·>h"", there bein~ Ully one at all to cross· Sir JOHN THO';'.IPS01\. 'Ye will let it stand
I \,lew that sub-section \yith for to-clay, but the cOlllmittee were UlumlmoM
It is practically allowing ex ahQut it..
 4343 [CmDlOXS]
_.. - .. - -- ---------.
Hcyol'll~llg
I r.:.fl.llllOt see why, b? tlds UlHlel's:aulling
ncr.:eptetl IJ)' l)oth ii1l1es 1Il tIll':; House an,l lIwler IIuntil th: th:ii~ tl,ty,of
J.!tnU!1\'), IS,IIB,
tJul~') IS1I2, instclt,l of Ji~'
There" ~s a deal of ,liscltIJ'--
gOOf}
which hoth the Cmanie" of Lapmirie awl Xftpiel'. ston 011 seetlOl~ lI, IJecltus~ I~ Il1Hlertnke.sto state the- ,!
t:xte~lt to wInch, the cl'lI11!llfti law, of C'llllill!a is' ii/
,"ille willl'etllm,ollly olle me!llher,-l SHY I cannot'
see why the IndIan l'eSelTe ot CauglllltlWnga shonlillapphr.:,nl-,le, antI It ,call. only state It. cOlTel-tl" hy . ',j
he taken fmm Llllll'aide a1111 thmwn into theC'olluty l'ef:1'1'l1lg to the stlttlltes ,of tI.1e United King-dol ..' .
of Chatet\ugllay. The hUIJuois wi\{! lin! on th!;t I wIllch ~xt(,I,\(1 t!le ,au,tlll;!'lt,\' ot our COurts hl'YOIIiI"
ll
1'e",e1'\'& always lJelnlwetl to the Count.y of L"lpmit'le II ~m~' leglsln~l\'e JU~'ls{hctlOll, Altholt¥h the section
since th!;),}' h!l\'e a rig!lt t,) yote, It i8 thrnugh the IS m>ltl'llctl\'e as It statHIs, aud, I tlll,Il~, COI'1'ect1{,~.. :
yotet'S of the COUIlt\' of Lapmirie that they hecame states the law, )'Bt I In'opuse to ,lrop It 1ll Ol'del' to ..
familial' with the' e.'{el'ci!:<e uf tlll~t l'igilt; it if:; Il\'oitl amhiguity.
through tht: Yotet's in Lllpmil'ie, St, COIl~tHl1t On .sectioll ";,
Hnt! :O;t, IsitlOl't·, tlwt:e pal'i"hes of the pt'e"ellt
Coullty of Lapmil'iewith which they [U'C in <:Itea,ly i':iit' ,JOHX THO)IP.SOX. We had S(,llle di!;eus,-
I'elatiolls.-I repent it i:; with these thl'ee parishes siun about the qnestion of easement, cm,IIpmpuse_ .. -"
tbttt they hnse joillerl intel"t:st, That wns the to strike out this St:CtiOll altogcther, IUl(lle!\\'e the'
llatnrall;ath they hall to follow. Annexing them muttt:i' as it is hy commonl!l\\", ;',:;
tu the CfJtlllty of l'hateaugullY as proposed, will On section OS,
c0H11Jel them to I'CaiOH!elHl the riYel', willlnltli them Hil' JOH:\" THO:\IP,':;UX. !,;ub-seetiou 2 of that
to n path they ha\'e lle\'el' followetl up to this time; stood oyer ill ot'tlel' that we might l'el!t'llft it to make ".s.
it is uausing them to wnlk ill an unknowll lLlt'ectinH; ,. f I I J 1 t I .
• I' I . I I . I I. I I pt'O\'ISlOlI 01' t 1e ltlS JIllH no )elllg !tCCC~S(JI',\' to
it IS coup
.' ne\"81' had lUg leU) \\"It t peop
any t. conueetion e WIt 1 wlJile
wimteyel'; t ley the fRut, hy the mel'C fllct that hesheltel':; In.; wife:
\\" IlC 1com-

IJe iug them h, IleHtH't. ot Ilet· llcoP Ie a I011~.s1'. Ie ffJ" } ;rt\·

II
!ltI
otulImrrierl pcruJIl
the offence who~e
shall hu~hnlld
becomo It.n tleoe.;;~or,v
01' wife JU1S l)(;~elltheU
nfter
whom tht:y wei"e usetl tn fighting, Un KUlltlt\y ltt"t 'net thcruto iJr receiving, eOllli'ul"tillg 01' lu;sistingtheuther
I went awl \'i$ited a certain lUIlIII)el' IJf t1le \"otel's of them, lIud no iUllrried womall who~e Itmbnllli I!IlsJ)~ell
I· pllrts ro the olfence ~hall J)ct.'mne llll aocessory (\rt~r the
u my COUl1ty mlt
1 I-wen t t n tl Ie C'(HlgIlIlilwllga Itfact theret(, b\' receiving, comforting, 01' ns~istblg, in hh
1'e8£:1',-e, I talketl the llll\ttE::i' OYe1' with the ill- tll'cscnce 01' hy his ltuthorih" lln~' other ]U'lr-:;on who hns
hallititllt-S 011 that 1'1;::;el'\'e, They all slthl they H'en II pltrty to stich olfence ill ortierto eUlllJle her husbnnu
regrettc/l tlJ lIe thrown ltWHY in anuther cOllnty, 01' other vel's<)m to escdpe,"
tlwrchy heillg t01'11 in it yiulent way froll! nn elec- ::-lit' JOHN' THO~IP,':1.0N. On page 4, we \\ill
toml riding whel'e they Im:l steatiy conllections. altet'it (lefinition. wbich will lemoye some dittielll,
FOI' these rensons,flutl at the instance ofmS electol's ties that we Itre jitst coming to. I ]It'upose tostdke
from Laprail'ie, !tllll also nt the illshmce of the out the hnJ last lines of suh.section (II;), ill the
electurs of ('augbnltWI1gn, I think it my (luty to mid/lIe of the p<tge. There are. ntl'il)Us IH'o\-isi()J18
lllOye. seCOll,led by the hUll, lllemhel' for )'Iolltcltlm a~ we go on for the punishment hy hem',)" pt'lllllties,
(lir, Dugas): of any.one who interferes with a pUhlic officer ill
'l'hnt the Bill (Xo, 'i(1) he not 111m renti the third time, the discharge of his duty, and the 1)1>jectioll WlI!;
but thllt it be rec:ommittetl to u JQwmiUee of tho Whole made that that ,,"onItI inclwle eYenl~ lIIt's.'Jellgcl'. I
to IllUcnd it by striking-out in pRrll¥l'IlJ.lh (fl.) of;:uh-sedioll P1'0po,'ie to strike out the two last line:;, 25 llmI 26
S of section 2 the word;:" nnd St, bom;: (or Indiiln village f I ( ) f I 3 ' I-! ' I . tl
nml resen'c ofClttlghnllW11ga.)" IIlld ndtlillg the said ~vorlls 0 parltl{l11.p 1 /I' () e finse. on pn,ge "". 11IllS uug te
to 1-,a.rllgmph (I]) ofs~eti0n 3 , · chmse \1·ith the worl1 I, C'lulftda."
~il' JOHN.'fHO:.\lPSON, '1'he ltlllendment Ilul/Ie On sectioll 7i),
in the Bm is the result of suggestions which "-el'e Sit' ,TOR X THO)lP,";QX, I think that is nlll'ight.
ntMle at a cOllferente l>etween leading members au There was some qnestion as to ,,'hethel' hobHng out
both shIes of the Honsc-. 'The proposition which ilulncement.s to a man not to tltt'll out Oll 11ltl"flde
eallle froUl the other si,le of the House I\'ns that -WQultl he imlueil1g him to dC$el't. \\"e have ascel'.
these two cOllntiefJ shonl,l he Hl\ited, alHl that \\-(\S tftinetl that is not .the cnse.
accede!l to on a cOllllition with respect. to the lo~alit.Y
mentionell ill this amclHhllent. If thel'e has heen On section 110,
uny misuntlel'stalHling on that pOInt, it i.,; Yet'y Hit' JOHN THO)lPHOX. This is wOl'lle,ll'llther
lIltleh to he regrettell, IH1t \1"e lllUSt gh"e the hon. amhiguously, I Ilt'OpoSt: to alter that hy muking
gentlemall the s<tlne al1swer we IH\Ye gh'en to OUl' it reat1 thns:
other fl"ienlls. that we enll110t ;riel(l to ally pmpOl;i-
. tiOlt no\\' llUHle to amend the Hill ill cQmmittee, .. Every Due, Ilot thereto required brpis Jawfu,l trarleor
The l>l'ol)()Sall'esl)ecting the Canglmn.wag;l,IllIlians clIlIiug, who is tOUlld in allY town Or City carrymg ahout
his jler.'!olll1.uy sheath knife, tlud so on."
was celtn.inly fn Iv ullIlet'stor)(l hy the cOlllmittee
when the sectioll 1\-aS atlopted. On section Ill,
Amendment negati\'ed. ~it, JUHX THO:\IPSOX, I pt"Opnst: to insert
aftel' the \\"01'11 "sohliet''' in the first line the
\\"0I'(1s: "public otticel' Ot' pt'ltce ottic~t"" I
want V8nitential'Y ofii<:el'oS to he authol'lzed to
THE CRDIIXAL CODE, calTy Hl'll!S in the discharge of their duty.
On seution 12'2,
Honse again 1'esol\"O(1 itself into ('()jumittee on
Em (Xo. 'j) respecting the Criminal Lml', Sit' JOHX THO)IP80-X. This is the one tth~J\lt
which we hall a ltiscu>;$iol1 ItS to s8(lition, I tlunk
the amendment I propose will meet all "iews ahout
(In the Committce,) that, T proJlose to strike ont aU thl;l word", of the
Sir JOHX THO:.\lP,';OX, I propose to ament\ section IIOWIl to line 22, including the, words,
section 2 so that the Act I>hallllot come into force J .. Pl'l)ddetl that" ill clause 2 of :'iIlb,sectwll (d) ;
-11. PELLE1'IER,
 4345 [JU.:<rB 28, B92.J 4340

so that we shall make no definition of seditious \ Sir JOHK THO~IPSOX. The only CIlRllgC in
intention, hilt will simply go 011 to sn.y what shall recent times has been in the proce(lnre; althouah
not be seditious, l<~ayillg the detinition of sedition they nre offences against the cdminalla}\', the pl?O-
to common law. The section will llegin with: cedure is that of a cidl case. 'Ye should retain
,0 Ko oue shil.ll lJe" on the twenty·second line. control of all matters connected with the life,
safety and he<l,lth of the people.
On section 26;'),
~lr. )JULOCK. )1y. han. friend from Peel On section 205,
()II'. Featheri:lton) has reeeh'ed It letter from a Bir JOHX l'HO.:\IPSOX. I 1110\'e to strike out
member of the Ontmio h,u' who giye.'> his opinion the first two lines and substitute the followin(J' .
tIme this J>cetion makes the punislllllent of a purty "Everyone is glIilty of an oa'mce awl liahle ~~
guilty of all indictable offence. on smnmary con~ SnllllllfH'y conYietioll to hyo years' impl'iWJIl\llellt
victi011, lial)Ie to both a fine an(l impti:;onment, antI Il. fine of t'2,OOU who." I aha 1ll0\'e the follow,
Sir JORS 'J'HO:\IPSOX. \Yhere tt chmse snys ing sub·section: "E\'81'Y one is guilty of an oft"imce
that a condcted person is subject to two kincls of alHl Hahle to a penalty of 820, ,vbo 'huys 01' rafHes
punishment either kind may 1)0 inflicted, in the any lotte!'y ticket," I propose to alltl a!:isuh·sectioll
discretion of the court; as for instance, -when we (ell the following: "Any company or association
say that I~ man shall be liable to be imprisoned and heret{)fore incorporat-ed hy Ot' authorized under the
to be whippell, it does not follow -that he is to provisions of any Ad of the Parliament of Canada,.
suffer both. at· flU), statut-e of the Pro"inoi,al Legislatlll'e to do
an) of the acts in this section specified." In the
On !'ocetiol)s 191, 192 and 193, Prodnceof Quebecauthmity is gn'ell to certain in·
Sir JOHX THOMP.'~OX. These section~ were corporateil companies to dispose of their bonds to (1"
left a~ the t'Nluest of the committee, but I think certain extent in that, way. The pl'odsioll, I think,
they al'e all right after we lea\'e ont the words is that the bond ahall he subject to redemption by
"property 01' comfort I> in section 191. lot, nUll that the person to whom the lot, falls' loses
~lr. )fILLS (Bot.hwell), , These ,,'ere the see·
his imestlllCl1t, but is compensatell by a prize. The
-. Hans that were left to he dealt with I\!'j matters of intention is to say that the penulty shall not apply
to that.
ch~il right. .
)'f1'. )IULOCK. It is an orrUuary thing to pro-
,_ Sir JORX THO::\IPSOX. I think it, is all right vide in the issue of bonds tlnlt they shall be reo
~ to pass them. It gh'e,~ a right to abate." lluitsance deeme(l by lot.s. .
'" withont heing liahle criminally. It. has that effect
under om; jl1l'isllictiOll, Sir JOHK THO)lPSOX. Y e.~, hut there is a
prize gh'en in these ca.ses also.
1fr. MULOCK. Take the enforcement of lUUlli.
by,laws. It is a man's legttl tluty to comply On section 326,
a by.law. Suppusing he Ilf'glects to comply )Ir. FLINT, When thi.s section was before the
it, committee, I think the hall, meUlhel'forQ.ueeu'.s Orr,
Dtwies) expressed the OlJinion tlmt the terlll of fh'e
Sir .JORX 'T'HO)'lP80N. That does not. touch years was a litHe too long; but the )linistel' of Jus.
by.law unless the nuisance Rtfects health, safety I tice thought that as the offence was a yet'y serious
01' property. Olle, that· of stealing letters, the ;;t'Ct.iOll had llettel'
Stl]JpOSitlg t,here is a hy,ltlw rem,du as it was, In COll\'ersation yet')' recently
clenn away the snow in ft'ont with It person who llUtl un opportunity of knowhw
. By Il.llowing the suow awl ice something of the inshle feelings of a jt~r.r who tl'ie~
a person runs the risk of falling, aIlll a prisoner at the Hull 01' Aylmel' <\ssims not 10l1t'
is liable to he indicted. ago fol' this \'ery offence, Ileal'llcll that the pd;:;olle~
'\'M Il.cquitted by two jnries ill snccession, and this
If it. affech public was hecatlsc the penalty being COlllPlllsol'Y to the
exte.ut of th'e years had a great infiuence on the
Any person who is a defaulte,' minds of a large number of the juty. I would
cleaning is suhject. to certain submit whether the emls of justice might not be
lllUllicillHll)y.laws, hut we at:e better sel'\'etl hy gidng the judge a little more
,;' ...; ....:.;" the incli\'idua HaQle t.o imprisOlltlll..mt. tliSCl'etiOll to reduce the punishment where the cit'·
sectioll is going too far. The matter cmustances are such thnt would meet the cltse~
left to be enforced 1),)' municipal author· say three yenl'.s.
Sir .TOHS THO:.IP80'N. For the reasons Igaye
,JOH~ THO::\IPSOX, The mere enfol'ctJ-. to the committee, I shoulll not like to l'ellnce the
would not be sufficient. Any term much i hut I would iui.Ye 110 objection to

:~
sidewalk
~~::di~1:~;,ii:l:~~'t::l'A~,:',~\·J:,~onl::ea\'es the -ill
to the public safetJ~
reducing it to foul' yean;:.
Section, as amel1lled, agreed to.
than affirming that
wOl'll "imprisonment"
On section oW,
" 01' a finE:;. " SirJOHKTHO:\lPSOX. This is the.sectioll which
was discussed hy the hall. mem_her £01' Queen's when
(Bothwell). Long ago this lLuestioll 111". spoke of the mortg<lgor removing a hOllse frorn
llealt with hy the criminal law allli the propel'ty. Thi& i;; his amewlment, 'with a few
part of the police regulittiol1s. It is a word::. added: ,
",hethel' we should (leal wit.h it, 01' "E"(lrY one is gnilt,. of an illllictuble offencc-and liable
we lenye it to-be dealt with by the Locul to fh'e yean' lmpri~o11ment who, being po~se~"ed of uny
,egishlture. (lwelling·house or other building, or part of nnydweUing··
4317 [emmONS]

Sir JOHK THO)'lPSON.

five sections were aHowCll to
any
gee or owner:
I
"~:~.'.,'1.I\\Co::~,!~ 1~:;~~:~~~Jg: :~'!~~"~~;~,~~ Wt:J might hase a debate on trade co'mlc'ill,;ii.~ri,,:
propose thnt they now pass 80 as to leuye
.. (a.) Pulls down or demolisbes. or begins to pull down us it is?
or demolish. the $fime or flny part thereof. or remo\"es or
begins hl remove the same or any j)flrt thereof, from the Sections agreed fa.
premises on which it il'l fir$t erected; or,
.. (b.) Pulls down or se,'er$ from the freehold Sir JOHN THO:JIPSON. Fol' the pu,,..,o,,'
fixed in or to such dwelling-bouse or building. or provirling ns nearly as ])Qssihle for
snch dwelling-house. or building." I
Mr. 1.1cLEOD. Suppose- the trial of ehn(lr~ll, ] pl'oposel n. Icl~use
in possessioll, prolloses to e fIect come in conyement y us 5502' t IS as
the premises without asking the p~'rnli"~i~ll-c
mortgagee, as is frequent~y'" done. he
under this clause.
Mr. )'lULOCK.· I nntlerstand that the changes
must be to the prejudice of the mortgugee.
Mr. )'lcLEOD. Suppose the mortgagor 1l1!tkes
some chnnges in the premises, the mortgngee may
say they are to his prejudice and the mortgagor
will be liable to cL'immal prosecution. •
Mr. )lULOCK. He hus the protection of the
jury.
Mr." :McLEOD. He should not be liahle to pro;,e· On section 558,
cution.
Sir JOHN THOMPSON. I 1)1'01)OS6 that
Mr. )'lILLS·(Bothwell). There are cases of this section he left as it ,,,,as originally printed.
·sort. The mortgagee cannot take possession unle8s joint committee altered it, hut I think
the mortgagor is in default. Take the CiLse where it a little out of shal16 fl-S regards th.e tech,nii~i.
themortgagor isthe owner of the ad ioiningpropel'ty, language.
and the principal valne of the Ilropel'ty for which
he has given the mortgage is the buildings on it, On section 765,
and he r!llllOyeS them to property owned by himself. ~Il'. ounlET. I suggest that the
IIHwe in my mind .a, case of that sort, ,and it is ed to the Recused of tnking a speedy
necessary to protect against such fmud, judge instead of wa.itingto go before a jury,
Mr. :McLEOD. The mortgagee is the legal be allowed him eyen during the sitting of the
owner amI ha-5 the right to take possession ill our In the oity of ~lontreal we haye fiye terms
law. As a matter of fact the mortgagor is left in year, t\ term always lasts more than a
possession anll he goes OIl making impl'ovement-s sometimes it lasts nearly h'o months, so
with \\'hich the mortgagee does llOt interfere, so cOllrt is practically sitting all the time.
long as his interest is paill. see why this option of haying a speedy " .... ,n .. ""
also amounts to Iw,yit1g a trial hefore
·:Mr•.MULOCK. Suppose they are marle for the stead of lJcfol'e a jury.' should not he
purpose of wilfully prejudicing the intel'esb of the accllsed. "I propose he shall haye the power
owner. . elect at ,my time, whether the court is sitting
Mr. ~IcLEOD. The difficulty is to t.ell whether not, as to the tribunal before which he shall
they are arnot. Tnke the case of a mortgagor who, tried.
of his own motion and wit.hout any authority from Mr. 1.IILLS (Both'well). I think there
the mortgagee, did nu~ke changes. The mortgagee a "Clreat objection to introduce a system of .
might say they did prej'lldice him. That hrings him ol~ional to the to decide whether
within this section, all{ the sectioll should not he so
drawn as to have that effect. introduced
he tried beforehy~~:~~:l'~~;:!:~(;i~~Y;~B~ :~;~l~~
.
~lr. }fILLS (Bothwell). How i~ t·he mortgagee Mter Confederatioll, was to get rid of the
protected? of maintainillg a prisoner for a long terlll
keeping an innocent party who may
::\11'. ~l(1LF,OD. He can take possession of the accnsed, for a long period before his trial ''''l"'' E,(
property. and so the trial was allowed to· take place
:Mr. :MILLS (Bothwell). I have in Ill}' mind a judge.
cases where buildings were movecloft'the property Bill reported, and read the thid
weeks before the mortgagee knew anything !thout passed.
it. 'rhe mortgagee was living in another part of
the country and found his property damaged to It being six o'clock, the Spen.ker left the
one-half i.ts mlue.
:;\11'. FLINT. The amendment suggested is not tn After Recess.
prevent any changes 01' alterations that would be
deemed rea..sonable or prudent. They must 11e to SUPPLY-PUBLICATIONS IN THE
the prejudice of the mortgagee. RE ELECTION EXPENSES.
Mr. McLEOD. The prejudice is that it makes Sir .10HN THO).lPSON moved that the
the property less yaluable. again resoh'e itself into Committee of Supply.
Sir JOH~ THOlIPSON.
4731 [COMMONS]
========================================~c====o=============o===================d;?-~~i
friends t-o divert the exodus they speak of, and
11£W6 those fishermen dissatisfied with their homes
and seeking employment, come to Lllnenbul'gwhel'e
they will meet, if they are expert hands, with l'e.:'tdy
emllloyment. I may here state, ~[r. Speaker, that
under existing cirCttlllst·ances I am strongly opposed
to the gl'antil1g of the m.ocllt·~ v-iI.-endi to the United
States, excluded as we are by a tariff'wall from
their market, and in making t.his statement I
feel I am voicing, in yery mild terms, the senti-
ments of our fishermen, who are expressing their
denunciations from day to day in no ullcertain
strains 1'80'(l.l'ding the ullfairnells of their position
. in the pri~ilegeg United States fishermen enjoy
under the l1!ocl-u.s l'h'ellr,li OV8r themselves, Had
the Government been ttware, when they consented
t-o extend the mO(llul -L'il'endi, at the commencement
of this year, that they would haye failed tollegoti·
ate a trenty with the United States, on a fair basis,
I feel very certain they -would not have granted
this cOllcession j and to suddenly have withheld all
further licenses for the fishina sea.son, ,yould, I
. presume, ha\'e been considered ~i')courteolls, <md a
violation of the understanding that it should be
extended this year, Anyway, I (10 hope that it will
be the last year that Canada will extend stwh a
privilege t-o them on existing t.erms, as they (the
United States fishermel1) by it are getting double
advantages over us, inasmuch as they are having
their own, onrs and the Newfoundland waters for
their fishillg amI bait. '''hilst I am aware it is
imposo>ibie for the House to deal further\with the
matter this sessiun,'it is my intention to bring it
more prominently before the House the next meet·
ing of Parliament.
Sir JOHN THOMPSON. I am sorry my col·
league tIle :nrinister of Marine and Fisheries has not
heen able to heal' my han. friend IS dews as
expressed in this House, but I shall llnve great
pleasttre in directing his attelltion to them, as well
as the attention of my other colleagues, when the
sul:iject of any proposed renewal of the mocl-u·s
vivendi comes under consideration.
Motion agreed to; and House adjout'11ed at 4.05
p.m.
HOUSE OF COMMONS,
SATURDAY, 9.th July, 1892.
The SPJ,;AKER took the Chair, Itt Eleven o'clock.
PRAYERS"
Mr. SPEAKER. I have received the following
cOllunuuic;'ttion : -
OT'rAW.-\, 9th July, 1892.
SlR.-I havo the honour to inform you thnt His Excel·
lency the Go\'ernor General will proceed to the Senato
Chamber to prorogue tho session oftbe Dominion Parlia.
ment on Saturday tho \Jth inst. at three o'clook.
I have the honour to bo, Sir,
Your obedient ImrVllnt,
O. J. JONES,
Ohtej Clerk, G01)emo)' Geneltll'a Office.
CONTROVERTED ELECTIONS.
nIl'. SPEAKER. I haye received from the HOll,
Mr. Justice Tmvnsheml and the Han, :Mr. Wallace A 1Iessag; from His Excellency the Governor.'
Gral1am the byo judges selected for the kial of elec. General by the Gentleman Usher of the BIMk R~ I.
Mr. KAULBACH.
JI
tiOll petition.s, pursuant to the Dominion Co~ttk~':i1,f
verted. ElectIOns Act all?
the amendmen~s thel'etQ'':-M,i
a certtfied. reJilort I'elatmg to the elechon .in'th'i¥t)
electoral dlstnct of Shelburne, N.S., by which "tli"'~-tl
election petition was dismissed. . ;;i:'~~
LIEUTENANT GOVERNORSHIP OF NE',,::l.tl
B"('UNSW ICK.V~EJ'i
. '-- j,,~",~~
111'. :,MILLS (Bothwell). I would like t-o nsk-i~t~~~l
leatler of the House, hefOl'e the Orders of the :na'-"'~f,
are called, whether it is the intention of the Q6-lii~iJ­
emment to continue Sir Leonard Tilley as Lieii-j~;
tenant Governor of New BnU1swick for I\notl~~~{\i.;
term, orwhether tlleGo\'e~'nlllent prO}lOSe to app ciihli@
somebody- else to that office? It seems somewli~¥:.f;
inegular that the GO\'ernment shoul(~ continue' t~'e*1
Lieutenant Governor. in office so long nfter ,tIiii~l}
perioel for which he was appointed ,has expire[l,"/t;:fi'r
Sir .TOHN THOMPSON. As the hon. gentle~;~1i~t~
is llrobably aware, the term ,of the Lieuten;ilf~~i
Goy?rnor e;cpired ahout a year ago, and the tnn.~~h):~
of Ius appomtment for a fnrthe;r term has not\'el0)
been considered, but will be immediately n-rt'f;;'S'~
prorogation. '- I. .}H;~
EXTRA CLERKS. .""'C;)'
,~: ,t':;1_i:
:Mr. MILLS (Bothwell). I would like to a.sk.ih~;.'\
laudet· of the House'whether the Governmentph:l~~~
pose to deal with the extra clerka as they deal wHh';,.1J
those. permanently. on the staff, with regard: tid.:
allowlng them hohdays, or whether the holidays'i1.:"
have been withdrawn from those not permal1el1t'1-.'~·i/.
"".,;"!-".
Sir JOHN THOMPSON. The Order in Coil(lcil,t-',
relating to that subject allo.ws them statutory h.~1i.;;f1
clays and Sumlays, and t1)e allowance which fiJ~iJ:\
be necessary on account of ilhless d,epends IIp'Qi(}>
the tern"!.s of engagement of Lhese officers. In s~m!3':t}
departments they are engaged simply by the du;'Y;t~(
in others they are hired annually, and in othe~t·:
monthly j but I think it is in contemplation t-O: a~_~y~:'_
range that reasonable allowance should be lIlad~f.or}/
absence in case of actual sickness. ,I:'-.:<;,'
Mr. MILLS (Bothwell). I~ the system of CO~<
tinning irregular servants to remain in force, f1~ >
are they to be regarded generally as employed ~y,~
the year? . '"~~_:'f
Sir JOHN THOtrlPSON. They will stilr9:e-;:,;~
temporarily employed. '. ,~:.-:~~
Mr. MILLS (Bothwell). It puts them on a great,';
unegtlaHty in the diff81'ent departments. -:·>~t~\
Sir JOHN THO;\IPSON. An attempt will~6}
made to equalize them in all-the departmel!ts, blJtl__'
there are officers of different grades, some hemgp~Q·.I.
fessional, sneh as engineers, whose tenure of office ,1
is longer than thntof those engttued in cledcnl WQr~ ;,-"
hut. I presume eventually theq~ly distinction 1l1nc.l~ ;,
will be ,among the various classes. .- __ '
CRIMINAL CODE.
Amendment-s made by the Senate to Bill ~o. 7',,'
respecting the Criminal Law, were read the secoll~.
time flnd concurreu in
PROROGATION.
 [JULY 9, 1892.]
'".'I\'\:l~~"~1!!!!~~ the GOVERNOR GENERAL desires the im- House, of Commons.
~ of this House in the Sennte Chamber.
Speaker, with -the Homie,
. Chamber.
IN THE SENATE OHAMBER.
Excellency was ple.:1,sed to give, in HER
~,.?;''''n'" mune, the Royal Assent to the following
;1,~!~!:J:~;~:~:~th~K'i~CobOnrg, Northumberland and
~~ railway works in tho City
""," w incorporate the Victoria Lifo-Insurance Com- of the Pnblio Servioe.
respecting the Ben Telephone Company
4734
An Act futther to amend the Chinese Immlgration Act.
An Act to amend the Act respecting the Senate nnd
.
An Aot further to amend the Acts respecting the Duties
of Customs.
An Aot l'cspeetin~ the bounty On Beet-Root SugOl',
An Act to lLuthoru:e the grnnting of subsidies in aid of
the constrnotionorthe lines ofrllilwo.ytberein mentioned.
Au Act respecting the Criminal Law.
An Act to amend the Act relating to the Harbour orst.
John, in the Provinoe of New Brunswick.
Then the Honourable the SPEAKER of the House
of Commolls (H ldressed His Excellency the GOyer1101'
General as follo'ws : - •
1\I;.y IT PLEASE YOUR EXCELLENCY:
The Commons of Canada baye voted certain Supplies
required to enuble the GOyernment to defray the expenses
In the name of the Commons, I present to Your Exeel-
lenoy the following Bm:-
" An Aot for grunting to Her Majesty certain sums of
money required for defraying eertttin expenses of the
Publio Service, for the financial year endillg the 30th
.TUlle} 1893. !Lnd for other p"urposes relating to the Publio
ServICe," to whioh Bill 1 humbly request Your Excel-
leney's 81lSent •.
To t1lis Bill the Royal Assent was signified in the
following words :-
In HER MAJEST'l'S nnme, His Excellency the Gov-
ERNOR GENERAL thanks Her loynl subjects, accepts their
benevolence, nnd assents to tbis Bill.
After which His Excellency the Governor General
wa<l pleased to close the Secolld Session of the
Seventh Parliament of the Dominion with the
following speech :-
HonoUl'abl-e Gentlemen 0/ t71e Sell ate,
Gentlemen 0/ the House of OOnWIOJl!~'-
In relieving yOll from further attendance in Parlil1ment
I congratulate you on the usefullegisll'lti.on which hus
resulted from your deliberations during this long find
nrduous session.
The adoption of tho Code ofCrimtnal Law will confer a
grent benefit on nll the classes who are concerned in the
tLdministrati.on of that branoh of jurisprudenoe, and is an
achicvemeut whioh will reileet credit on the Parliament
of Cannda.
The difficult task of readjusting the representation of
thc people in the HOl,se of Commons, in aceordnnce with
the Cemus Returns, has been accomplished with com-
paratively littlo disturbanoe of existing eleotoral diyisions
and in a mauner that I hope will prove to be satisfaotory
it.s operation.
The legislation relating to tho North-West Territories,
Dominioll L'tnds, Rnihvays, Patent-s, and to the Inspec-
tion of Provisions, and thevnrious otber monsures which
hnve been completed, are caloulated to benefit. the indus-
trial and commercial interests of the country, and to
promote its goneml welfare.
You bn.... e been don"btlcss gratified by the lumonncement
that t.he Goy{)rnmeut of N{)wfottndland is likely to hold a
friendly conference with my Government upon tho differ·
ences wbich had nrisen between C!HHlda and that Colony,
!\nd that in the meantime all causes of further disllute, or
irritntion, h(we been removed.
A representation bns been mado by tlle Adminhtration
of tho United Stlltes thllt. the sehedule of tolls, wbich has
been in forM upon the' C!l.llndian call1lls for some }'enl"i!
past, operates to the (liS{ltlYal1tage of the shi}lping and pro-
ducts qt' United States citizens on the Gre.'tt Lakes. This
cOlllplaint has been examined and discussed ,vilh the
authorities of tho United StMe3, and tl proposal hns been
submitted on behalf of lllY GOYOrI\ment thut the United
 DEBATES

OF

THE SENATE" .
OF THE

-DOMINION OF CANADA

1892

REPORTED AND EDITED llY .

HOLLAND BROS.,
Ojjicial Reporters oj'the Senate of Canada.

SEOOND SESSION-SEYENTH PARLIAMENT

OTTAWA
PRINTED BY S. E. DAWSON,-PRINTER TO THE QUEEN'S MOST
EXOELLENT J>IAJESTY .
1.892
38-1 C"hldnal Law [SENATE] Amendment Bill.
CRDITNAL LAW AJiIE:\'J)lIIE)[T BILL.
FIRST REA..DI~ G.
A Message was received from the House of
COU1lll0llS with Bill (/) II Au Act respecting
the Criminal Ln.:w/'
HOD. Sir JOHN CALDWELL ABBOn'
moved that the Bill be reacl the first tpne.
The motion was a."o-reecl to,
Hon. Sir JOHN CALD,VELL ABBOTT
moved tha,t the Bill be read the second time
to-mOlTow.
HOll. AIr. BELLEROSE-Hon. gentlemen
will aclmit that .the minoi'lty of the Sennte
has not troubled the House much in asking
for French €CUtiOilS of Bills preseuteel for (lis-
CUSSiOll, 01' reports submittec1 ,to the Ho-use,
but in this instance the minorIty wou1cl not
fulfil their duty if they cUd not aslt that such
au important measure, 011e which may take
away the liberty of the subject, shOl.ucl be
translated before it comes up for co'nsideril.-
tion. I am pretty well posted in English
all(l it would E'eem as if I ought not to com-
.plain, but I afunit fra.:okly that I geuemlly
look at those important measures in both
languages to be sure th..'1..t I lmderstand them,
bemuse, though I have n. little praotice :in
EllglLsh, ·r do not see the impoJ:'tuuce and
force of [I, word of whlch I have llot as clear
an idea as an English SCholar 'Yould hn ve,
In a measure of such iml)Ortunce as this Bm,
it E'eems to me fuat we cannot ('..QneUl' in the
secoucl reading until "We hnYe the French ec1i-
tion before us, It JUay 11e answered thftt tUf'l'e
~as a French translation of the original Bill,
out hon, gentlemen know that the measure
has been greatly challgecl u~r the suO-commit-
tee. to which it was refened, so that eyen if
those amendments were printed separately .in
.another language we could. not be ~lU'e of
what the Bill is except we· hacl a FJ:emh
1'ersion -which we could reml over and study
clause by clause, I nm SlU'e toot there a.re parts
of the Bill that ought to be consiclerecl care-
fully. It is only about a quarter of an hoUl'
since the English edition was put before the
Holl\Se, I haPIJl!ned to open the Bill tl t a
page where proYision is mude for the fees of
justices of the peace. On that page I find
that magish'ates fire nllo-wecl fifty cents for
prepa·ring an information, or SUllllllOllS or
Wfil1.'fiut. Now I believe there is not a single
gentleman in this House who is a justice of
the penee who would be ready to sit down
ancl prepare· an information nccord1ng to the.
law for :fifty cents, In the Superior Court
und e,6n in the COlUlt of Appe:tl, there ur~
printeel forms and the informations are drawu
out in a certain way, but the justice of the
peace is not pl'Ovidecl for in that way. It it
1s uuder one statute he must lllil.ke it out iu
suoh (\, way, ancl the clescription of the offenc~
must be given in a certain way, One law reo
quires that if the information is l.llil.de out by
n· justice of the pe.a.ce having jurisdiction ~
the dish'iot) it shull be so slated; another
,sta.-tl.lte requires thu,t if it shall be u justlee
of the peace resWing 111 the lllunicipality, the
information must state so. Another statute
requires it another way, so thn..t th~ mnglsh'fite
hus to 10Qk 111to it -thousand detnils of cUt.
ferellt laws of the counh'Yt and a magistrate
requires to be con,ersu.ut with the law, 1
know I wOlud not cIa any such work for the
fee that is mentioned her~, I haYe clone it
lUltil to-clay gra;tultously, but if I um to be
paid for snch work I do not ·consider fift.y
cents enough, I lIill either get wha:t the
work is WOi'til or I -will cl0 it grahlttousl)#, 1
mention this us an llush'ation of some ot the
objections to the Bill. Ther~ are mally pns-
sages of the Bill which should be c.onside:red
very carefully, and as every French member
of the House feels bis rei>pousibillty, ~I be-
lieve the leader should consider whether 1"\"6
should not have [1 li'rench edition
before we proceed ftU'ther, Pel'hu,ps it "Would
have been more regular to ha;,e wttited llntil
the second rel1cling of the Bill before making
this objection, but I thiuk at this stage of the
session it would not be fail' to do so, I
make the objeotion now, hoping .that the han.
18.:'1.(ler of the HOllse will s~e that a French
tl'H-nslati.on is ready either for to-morrow 01'
ilie q.ay after, so that we may htlYe a fevi'
hOlli'S to look it over and see if "\Ye,· -who nre
ill the minorityf have any objections to it, I
have received a few letters from men lI'ell
J.)osted in the laws of the Proyince of Quebec-
(\. few from lUontreal Those lett.ers inforl1l11le
that we should be careful to see thflt thIs
Bill cloes not interfere ~1.th the ctdl rights
which, by the constitutional law, are reserved
to the province. I N~lieT"e the c01llD1ittee has
emleavolU'ecl to l1l~t those objeotioDS, but I
do not ]mow whether there is not ·something
more to be done, I have every conficlence in
the members of the committee, who are first-
class men aml good In.wyers, and no doubt
the Bill hus bepn made right so far as they
 Criminal Law [JULY 4, 1892) Amendment Bill. 385

cou1t1 do so, but each of us has his own re-1 orIginal Act and f01.mcl that they die1 not COll-
SlJOnslbllty, and though we are not a1l1awrers form. It c1o~s not seeill to me to be quite
we are all oolllpetent to judg~, with respect the propel' thmg that Parli~ll1e~t 8110n1(1 be
to some parts of this Bill, whether they are tolc1 tha.t that ])articnlal' section IS takeu from
i th public interest 01' not. For those con- the Revised Statutes of C'l.nad<'l" 0fu11)tel' so
~~el~tions I hope the hall. the leaclel' of thti fl.ml so, as the infel'e~ce is that that is a CGr-
GOyel'Dilleut ,,,ill red tl'Rllscl'ipt of t~e sta~lte as it. is.
bale it French.-version ))re- I
nTec1 before the second reading. might mention that ill the mstanel3 t'J wlnch
P I refer the penalty the Judge l~ Ilutllol'lr..erl to
Hon. Mr. SCOTl'-This Bill comes to us in imposd is ftne and impr~oi.l1Uent. 111 ultotbe]'
€t Tet'Y unusual shape. It evidently has DOt
case 1Uulel' the Bill the iml1risoninent is
pussed tln'ough the hunc1s o.f the -propel' of- omitted 01' the fine is omittecl, I cannot suy at
fieinls'in the House of Commons be-cause it is the present moment which, beca:nse I haTe not
in ordinary Bill shape, as if it were introducec1my notes wi~ me. I c10 think, ther~fore, it
ill this Honse for the first time, nucl it is is a ,N'Y gre..'l..t mistalm if the Go,erlllnent
evidently no,t -prepared for this House by those insist upon the Sell1lte passing thts Bill dming
officials whose duty it is to bring up Bills of the present fessi(}n. On a former occasion a
this kincl from the Commons. It is quite true Bill some-'Thnt similar in its character, a-1~
tl1.c'tt it is signed '-by iill:. BOUl'inOt~ bnt it is not
thongh of not so much importance, because it
in the ordinary form in which such Bills come only clealt with a branch of the crl.m.inallaw,
up before the House, and as a matter of fact wns brought up to the Senate at a. late period
I belieYe it has not gone through the orclinary of the session. ,Ve hud our cards distributed
cba.111lel. If I am correctly informecl this Billamongst us for prorogatioll, as we have now.
was prepurecl for this chamber not by the The House of. Commons, as it is well known,
officers of the House of Commons, whose cluty has pro.otiC<.llly clisposed of aU its business. I
it is to prepare Bills for tbls branch of Par- understand the EstimatE's tll'e through, At
'UaIDent, but by the .Department of Justice, all eYents, whether they haYe 01' ,haye not) we
which had speclal churge of,the Bill, uncl how· k:.lOW very well that in these last da.ys of the
ever careful they may Itave been in that de- sef.si.on a Bill of this. kind of such V€l'Y great
partment. to pl'egel'ye those- ameuclments and impol'tauce--.. .md I Tentm~ to sa..y that no Bill
chftnges which have been made in the Hou:::e of such importance has been l111der the notice
of Commons I thinJt in an important roattE'l' of of Parliament in the. last ten Y€<.1.l'S-should
this kind we ought to be exceedingly cautious not be taken up for conslde-rolrtion. I know of
about accepting as a Bill from the Honse or nothing which is so -intimately connected with
Commons a paper such -as this is; wlicil does the whole socialllfe of the co1111llunity. It is
·not bear on its face the impress of ha.ving a clepflrtnre from the law which has prevailed
gone w'ough the regular channel. for centuries anCl cenh..u'ies. The Blitish law
was intl'oducecl into Canada anclinto the Pro-
Hon. Mr, illLLER-\Vhat does the hOll. ,ince of Quebec as early as 17G3, the lex non
geutleman mean? 8C1'ipta that we have been ecluca.tecl in and
that every professionul man is so familial'
HOll. 1£r. SCOTT-I meall that the Bm is
with. This Bill is a c1epal'hu'e from it and
not in the ordinary shape in wl1iC'h suoh Bills seeks to lay down harcl ancl fast lines under
COlUe up from the House of Comlllons. .A which--
Bill of this importance must be CQnsiclerecl
wr:( oa.re-fully, and in considering it nnder Hon. Sir JOHN OALDWELL ABBOTT-
D.uy cirClunstances these material changes WOllld my han. friend a.llow me to interrupt
in the law ought to be prlnted in italics or in him. The application that I have made be·
such a :form 01' shape tbak our attention w-ould fore the House is simply to placo the Bill .on
be clirectoo to them. for it is impossible for the Orders for the sec-ouel reacling. ~ han.
liS to &'ty. from the Bill as it is before us, f1:iencl desires. that the Bm be not gone on
What has 01' what has not been the la.w. For with, and he will then no doubt move in the
instance, part of it professes to be based on propel' form. I aSSlUlle that at this stage we
the criminal law of' Canada as it existS, and should nO,t have a long clebate, when we shall
qUotes a pa.rticulal' section of the law-gives have one to-morrow at the seconcl I'eading. I
You the chapter a11(l section. At least on one do not wish to clictate to my han. friend, but
OCCasion, and more than one, I ttu'D.€cl up thtl wot11c1 merely suggest if it would not be to
3SG Oriminal Law [SENAT ~J Amendment Bill.
the uclvantage ~f the time of tIie House to
h...-\,ve this debate at the second reD.cUlig. My
han. friend has a great advantage over many
of us, as having been a member of the com~
mlttee, and having been present at its meet-
lngs, and is therefore familiar with the clauses
of the Bill j but I would propose to him to
post}Jone this debate until the Bill comes up
on the second read:hlg.
HOll. jUl'. SCOTT-I am perfectly withjn
my rights all the present occasion, but I do
not propose to go mto details in this discus~
sion {Lt all. I am speaking on the general
principle, as to whether it is fah' to tIlls
branch of Pa.rliument to be asked to consider
a Bill of this importance at so 10.te II period of
the session. I profess to know yery little
about it I had· not the time to give to the
TI"'ork in collllllittee tpl1~ I should have done.
unel therefore cUd not attend a single meeting
of it But whether I attended the CDlllmittee
01' not, it is a mutter of fact1 a matter of
notoriety, that the report of that committee is
not as the Bill is now-that the House of
COllJJllons has struck out many of the clauses
adopt-eel by that corumittee, and has made
mu.terial changes in many of the C11.11se.3. Itis
a, notol1ous fact also that day after day t1:e
House of Commons had this nmtter 1U.tcer
considerlltion amI made many Uluendments
uncl alterations in the Bill It 1s not now in the
shupe that it CIlJlle from the committee.
Therefore, had I attended the co111.l1J.ittee, and
relied on infornmti.on derivecl as a member of
the committee, I shoUld certainly be at fault
in considering the Bill nqw it is materially
nltered in many i:I,npol'tnnt particulars since
it left that committee. I f(>e1 it my duty at
this ea.rly stage to draw the attention of han.
gent.lemen to this important question, because
I feel this is one involving the honom, the
dignity, ancl the position of the Senate. - I
think if" the Senate were to pnss this Rill
now without the consideration to which It Is
eutitled certainly, in the estimation of the peo~
pIe of Canada, the ·usefulness of tl1is Cham·'
bel' would be gone. If the Senate 1s rlt:81l.":l1-~d
to gt"fe up its right,g by acce:pting 1\ Bill 0f
this import.'1ut character, which <1ffects thA
rights and privileges of evel'Y iUdivuiuttl in
this community, then the Se~te certainly lul.s
no duty to discha.rge that I am awum of thlJ..~
could not be quite as advantageously dis-
cllO.rgecl vvithout the eYistence of this House.
The 1'enson why I rose at this early stage
was that .on "a. similar occasion when n Elll
!came up much, more restrlcteel ill its cba.rl.l.cter
than this one, similar nction was taken, itnd
uncler the pressure of feeling in the House of
Commons the Government consented to lvi:fu~
(lr[t,w the Bill. In 186S a Bill to amend tll~
criminal law was brought IIp to the Senate
and BOlU·hlOt-.says, page 472, Imclel' the head:
ing of " Bills Rejected by the S.enate" :
.
" The numbsl' of Bills of public importance
rejected by the Senate since Confetleratlon i!'l
yery small compared with the large number
com.ing under theil' re-.,riew every session. In
We latter pa·rt of the session of 1863 the)r l'e,
fused to consider. certain mrl1S\.u'es nssilUnnt~
ing and revising the mws relating to climinnl
justice all the grolmd thnt it was impossible
at that lute IJeliod of the session to gil'e snch
measures that camful cleUhpl'fltion and ex~
m?llnntion which then' importune" e1emancled."
Tha.t was the n.ct.ion ot the Renate in lS138.
I trust that the action· of the HOl.l.')(-'
in 1892 l.yill be eQ.l.H111y jndici01.1S, eqnaIl;i'
p,ruclent, <11ul that it will be equally
rmxlons abont its own honom' and
dignity in the cOlmh'Y. I ask, in nil fairness
why it lli that the Goyernment should be dis·
pi)sed to push thls Bill through this session_1
It is not to go into operation for a year. It
is not n. Bill required immediately by the com·
munity. 'Villi the exception of Judge Gowan
T hn..ve not lleard a single opinion ft'~m any
judge, or :from !lny stipeniliat'y' mngist.rnte,
01' any justice of the peace, .01' from
an~~ In-wyel' in support or appro"l'"r.l of 1his
COC10. On the contrary, I huye beal'll. Illally
expl'essions of dissent fl'om the Pl'iIlI.'.11)1'3 nt',,"
songht to be 1ntrorlucecl for I.lle Iirst- Tillie ju
Canada.. The criminal law of Canuda is
cel'tniuly in a-dvQnce of civilization. It is
abreJ:.lst of any criminal la;w in the wol'lc1.
,'{e introduced into Canada the lex 110n scripta
of the mother Counu'Y oyer 100 J~euTs ago.
Since then we have changeel it somewhat,
and have adopted so~ne measures· pec11liul'
to this COIUlt1'Y ; but in ull other. l'eS1Jects the
In.w of Euglancl aml text books of Englund
are those which Imve prelailecl in the past
years. The juclges of this land are familiar
"d.th them. Nobocly has eyer passed. t;he
slightest refiection Oll the crl.mipal coele of
Canada. as it exists. It is quite as broad
unel quite as hlUllane ancl tolerant of the
rights of the subject as 'any criminal code in
the world, and therefore there is no pressing
necessity for this legislation. This coele is
busec1 on the code introducecl in Euglund ill
1880. It took three yenrs to get 11:- before
 ('riminal Law [JULY 4, 1892] Amendment Bill. 387

the House of COllllUOllS there after it WitS fully, and put in italic.'> the changes we are
-prepared, because the judges of England about to make, in order that the Deaple may
did not apprOT'e of it. We know how con- know \'\hat the alteriitions in the law fire to
SN'''luti''\8 the English" jurists are 1n sucll, be. This is ft rensQnnble proposition. The
matters, In 1883 that cocle was before -the; Go\'"el'Umellt would get credit for it, aud the
House of Commons and the colllllJittee from ('ode WQu.lcl go through Pfll'liameut next
the mouth of Febl1.lUl'y- to the month 'of April, session wi.thout ally cllfficult;\. I ask, in all
amI the oPPQsition manifested against the cHl).c1ol' and in all fairness, not with a desire
eorle was so Sh'Ollg that the Goy-erilinent to tlnYtu't 01' hamper t11e Bill, that that shonld
'Ivithdrew the 'measure. Since ISS3, up to be done. I do feel that .it is not fall' or
the present) it ha.s remained .in the pigeon just that hon. gentlemen should be asked
1101e of 80me department of the Imper1al nt this stage of the session to take up a
Go,ernment. It has ne,er been attempted Bill of this importunce -nith so many hl.Uldre;]
since to bring it before the House,' ,Yhy clnuses, uncl pnss it in the short time nt our
should we nnticipate the action of' Englanc1 command. . In order that hon. gentlemen
in this l,egi;::lation? Why shoulc1 we 11e mnT appreciate the, great cbange~ that have
compelled at tbis' stage to banish from our been made in the Blll since. w,e first
libraries the te:\.-t books and books of f011llS got it two or three mQnths ago. I
that we are nil familiar mth-that the judges should ask tliat the Bill, as it passed
.und the barristers llave at their tingel'S' 8nfl-- the House of Commons, should be laid on the
wheu no one asks for it, 'I""\1shes it or demands. Table of this chamber, and that it message be
it, a.nd there is no feeling fQl' it throughout sent to the other House to that effect. In
the C01IDn'Y. Show me :,lll:ything in the press that was Wd could he ad,ised more Hfechmlly,
of Q1l1uda ,yhich says this Bui is a pressing _bec..'tllse, as it is now printed, "Without any re·
llecessity. If -1 a.ppeal to the 11011. gelltlenlfln ferences, we mig1l:t just a~, well by one motion
it is not that 1 wish him to throw Ull the Bill. mo,e tha.t clause 1 to clause 1040 be
r do not 1vish to treat it 'With disGOlll'tesy. I passed by this chamber. I should ask the
dnresny, those who drafted it wishecl to im· Government to star proc.eedings for secoud
pl'O'l"e, it' p6ssible, -the la"'\1" as it exists. I reacliug. Of course if the Bill goes to the
giYe e'l"er~" credit to the joint committee at both second reading then an effort mIl be made
Houses for haTIng cousC-ientiously de,ot.r.d to puss the Bill, uncl feeling as I do thu t it
their time and talents towards improving it; is llllwise, imprudent und impolitic on e'l"elT
at the same orne a Bill of this kind ought gl'OlID(l for us to elldeu-yOl.U' to press this" Blll
to be 11 harmonious Bill. It ought to be through" I take the eurliest possible oppor-
one, if we are going to impress it on the tmlity to press my news before the chamber.
COl.lltrr for all time, thorougbly consistent
with itself. It is not consistent with itself. Hon, :un" :MILLER-lYe haye listened to a:
On looking o)'€'r it 1 fOl.Uld a clanse which speech on the first reading of an import.ant
pl'OTIcles that where a pai·t:y is charged with Bill, that is quitB unusual to heal' in this
nu offence for which no penalty is attached Howse. However, it is gratifying in one 1'8-
l.Ulder the particular statute, the pe11alty fuec1 speot, because "We:find the hOll. gentleman has
shull be Ihnite(l to one year. I found unolliel' leSl.U11ed his position ill this House as leacler of
clause word for word that the penalty should the Ol)po~tlon, und he has sounded the keynote
not be more thall five years. Now, it' is of hostility to the most imporbmt G01"el'nment
quite clear that this Bill has been in the Bill that has been submitted to this Purliament
hands of clifferent clraughtsmen. A great for the last ten years, I shall haye a- word or
deal of it has no c10ubt been scissored and ~,o to say before I sit down, on his doubtful
Dftsted in, and 'tt is impossible to make it position for some time past} but I am onl)T
correct 1'M.thout a great deal of considerutIon. going' to mak€' one or l:"\YO remfLl'ks, because I
lily advice is this: that the Bill should be consider the debate inopportune at the present
left over, and that the Go,el'llillent should, tiple; but I -wish to ask the HOl.l'3e jf the llon.
dl.U'iug the next few months, employ three member from Ott-ll'\va1 as a. member of tID:5
eXpert jl.llists-taking one of the most ad- Ohamber, is entitled to assmlle ilie position
,J.1uced judges of the COl.Ulty COl.U't1 n. judge with reg-al.'d to· t~is important meaSl.U'8 the
of the high CQl.U't and 11 judge skllIecl in attitude he hilS assumecl here h)-day? I shall,
Cl'lminal law. Let them go o'\er it care-- ho""\r~Ter, COll1lllence at the l~nd I)f the hon.
 388 Criminal Law [SB:'lATJ<}] Amendment Bill.
gentleman's speech anel tl) tht.' nl1rlv·l'~-t.r
l'Bl:']l'
which he has cited as Dl'ececle-nt to be fol-
f\,
lowed by this· Honse.. He has referred to
the actiOll of the Senate in 18G8' ill
relation to the Orinullul lAW Bills then
snbm1ttecl for om' adoption by the GOY-
~l'umeut) but the hon. gentleman from Ot"k'lwa
was not in this House at that time, and he
does not know the circumstances aMending
the motion which was then made us well as I
and a few others of us who were at that tbne
members of the chamber; but I will tell the
hon. gentlemun the CU'c1.lll1stnnc-es 1111(1er which
the action of the Senate 1\flS tnken on that
occasion. That was the latter part of the
first session after Confec1el'ntioll. 'Ve had
met in the autunm of 18Gr~in Noyember, I
think-llucl ·udjo1.ll·necl from December over
until Murch, ..md we finished the sesSioll SOlUe
time in ~he latt~r part of May. That session
was mal'ked by a larger um01.mt of impol'bmt
legislation than any session of Parliament that
we huY.e ho.d,slnce C(·nfellel'ntioH. finel lleCei>4
sarily so. .dll the depnrtments of GOY€l1l
lUeut had to be org"ll.nizetl. The 'whole
ciru ma.chinel'Y had to be put in motion 1U1cIer
the new constitntion of the C01Ultl'Y, antl. it
was one of the most'laool'ious uncI important
sessions~from that important Cil'C1.UllStUIlCe-tO
the C01mtry .that Pal'limnpnt has f'Tel' seen,
Both branches wOl'keel ussicluoudy clmtng the
two sessions, nnd Qll:lctecl, as the Stt1tute-bo(Jk
",ill show, i1.. lil.rge amount of legi~lntt()n, 11'0
complete iliat work it was impol'tmt to inteo-
dnce the crin1inullaws. The Criminal ]3ill th!lt
was introcl1.{Cecl was brought In on the 1st Apdl
18G8, in the latkr pa.rt of the seoond se~sion,
making a complete change in the criminal
law of the c01mtry us it staoel up to thflk time,
beC<:1.use it was the ucloption of a new' c,l'imilln.l
code for the whole DomiDlon. The:£lill went
through the House of Conuunn."l Hm.l it Ctlme
daTi'll here t\i~o 01'. thl'e',) clays before the o1o::;e
of PUl'liament--on the 20th ~Iay, I think, fincl
Pal'liUJluent wns pl'Ol'oguecl 011 the 22ml :lluy,
The g1'01md was then k'l.ken, ancl I recollect
the Circumstance very well, bec..'l.use th~ gen*
tlemnn who sncceedecl in htl"iing that Bill
postJ)onefl (the gentlet<1£lll who. led the 'ODPo-
sition, the kl.,te Mr, :licOulley, of Nova Sc-ot!n)
sent one 01' t"yO of his friends to me to a.sk me
. to make the motion in order to seC1.U'e my
SUPP01't. but I cleclinc{l to do so, amI it
wt1S afterwards moved nncl carried au a SlllJlll
majority, Thetgr011D.cl tnken was thatwehu(l
not time to I'ead that Bill because of the huge
am01mt of important work we had Oll baud
(luring the session, um1 that it WftS too im-
portant a clu.mge altogether, as far as thE'!
DolUinion ",vas concerned, :to 1)9 illmle in
baste. It was the inb:odnction of the crim-
inal law of Englaucl to (\, large extent. . It
was "lUldel' these ci1:cl.1ll1stunces that Lt was
constc1ered wise, because having clone so much
to\yal'cls SE-iting the machinery of goyel'l1nient
in the Dominion in op~ru.tion, to ullow this
Bill to stand over l.U1til nex.t session, in ordel~
that we might ha.ve un opportunity to read
it~ Does my han. :friend m~n to suy that
the CtWJinal La:w Bill inh'(lcluc~d into Par*
liument in 186S bore any comparison lVith this
'Bill in many respects? In the first Dluce it came
to us lVithin less than two months nft-er it
was intl'oduceel in the House of Commons (mcl
when we hucl not time to reacl it. The
Bill noW before us was. introduced last
yellr in the House of Commons,' It' has
been two sears before the c01.mtl'Y. It has
been submltteg.. to eminent jurists all over the
4
country, and we had it. clish1bnted amongst
us last year, ancl it has been cU5cusSecl fully
this session in committee. Everyone who
takes an interest in the Bill has had ample
9PlJOrttUlity for stl.lclylng its clauses and ruak*
ing him.'lelf acqul1lntecl :n-1.th its coutents, We all
know thnt a· Bill of this kina is not dealt
with by the grea.t body of the representutives.
In the House of Commons not more tha.n hc.'l.lf
a dozen members took a leucUlig part in the
discussion. of the Bill, and it is not likely that
mars than half a clozen members of 'this
House will 91sonss' it us they l"\oulcl any
other generul meas1.ll'e. Members may have
particular clauses that they elesire to see
amencled, and they will haye ample
OPPOl't1.1nity of hating tileit: views con-
siderecl, Tills is a. Bill largely .to be dealt
with by experts,. if I may use tha.t word,
bee-mISS in many qnse.s non*professionul
men 'Will not feer I1t libertY to deill
with a mellS1ITe which 'has been Ch'l.1Ughtecl
by skill~d hanCls. -:t·see the han. gentleDlun
from St~ John 'smiling. No doubt his splencUcl
abilities ancl great le~l'lling will have an op-
portuDlty of being displayed in diSC1.ISSing the
Bill, and h~ will have oCc.a~,ion to exhibit the
great talent which no' cloubt' he possesses for
legislation. I only m~ntidn what oCC1.U'recl in
186S to show how little comlJal1son there is be*
tween what took place then and what the hon.
gentleman from Ottawa now suggests.
The compm'ison is simply an abSlu'clity.
 Criminal Law [JULY 4, 1892] Amendment Bill.
The hon. gentleman takes another objection
that the Bill is not signed. I wonder if my
hOll. friend is serious in that objection? AlI
we know is that the Bill is sent to us lmder
the signature and certificate of the Clerk of
the ,House' of. Commons. I haTe lookecl at
it, and it is j)1St as l-egulal' as any Bill that I
ever' saw come before the Senate. If it were
0. Bill that was sent down from us to the
House of Commons and amend,ed in that
House and returned here, then there might
have been a different endorsement on it j but
it is a Bill originating iIi the House of Com-
mOllS, and all we- can h.ave to do with it is
to b.'eat. it as a Bill that has left the House
of Commons, with the llecessusy eudol'sntion
of the Clerk of .that House. 1Vb.nt has this
-body got to do with this Bill as it was sub-
mitted to the House of Commons? .All we
have to do -with is the condition in which
we find it after it ll:ns left the House of
Commons, and I never heard of such a.n ex-
ll'aorclinftl'y request as thflt we should get a
copy of the Bill as it was submitted to the
Lower Honse by the joint co1D.l.llittee. I ask
any hon. gentleman if he eyer heard such a
request made to this body-that before we be-
gin to discuss the Bill 011 01.U· Table we
shmuel get a copy of it as it was reported
to the House of Commons. If there is
an'yone' ill this Chl1mber who is not in a
p0sition to 'tt'lke t11e objection ~Yhich hus been
l.U·ged by the han, member from Ot1:tl.~Ytl, it
is my lJOil. friend mmselt. He ,\YI1S uaID.ed
months ago as [I. member at the Select Com·
mittee of both Houses to consider that Bill.
Every membei' of the Senate who was ap-
pointed to that imJ)ortant uncI onerous duty
[l.ttended the meetings of the committee and
c11c1 good service on it, except the han. gentle-
man from·Ottawa. From the first sitting of
that confimttee until the last he neyer
showed his faC-e-neYer g-ave us the pleasure
of his c01.mtenunOO on One occasion during
the weeks thilk we sat considering that Bill.
Every onB who llstens to me will acl1llit that
if there is a measure which ought to be dis-
cussecl in a coIDmittee.. such as was appoint-
ecl by the two Houses it is just such a Bm
as this. It ,yas all occasion on which u
member, with the legal ability ancl general
knowledge that the hOll. leader of the' Op-
pOSition possesses, could have done good
service to the COl.mtl.'Y and well performed his
duty as a member of this Parliament, if he
29
389
had felt inclined to do so. The hall. gentle p
ma.n diclnot do sal and here he comes, at the'
eleYenth hom', and starts a few captious:
objections, and backs them up -with n.s reck-
less statements as I ha.ye ever heard, eyen.
from that han. gentleman, on the floor of this
House, There al'e some committees of this
House that deal with special subjects-
which ilie han. gentleman neyer falls
to attend-he is the first there anc~ the last
to leave. If some of thelOe special subjects
were before the House nOW-if a Canadian
Pacific Railway Bill were before the Senate
r haYe no doubt he would think it his duty
to stay a month if necessary, and examine'
every clause, one by one, giving it all the time
and attention requisite for -that IJurpose ; but
the han. gentleman GOuld not giye even a
single day, or a singie hour at the days and
weeks that this committee met antl. labour-
iously and patiently went through this Bill
clause by clause-he could not giye a siugle
holll' to the discharge of his duty as a memo
bel' of that committee. There is no member
.j
of the Senate who couId' attend to his duty
under mor~ advantageous Cil'CLUllst(U.lceS than
the han. gentleman, eXCel)t~ perhaps, the
hon. member from the Rideau Division, be-
cause he ,is at his home-he mn attend to his
office eyery day and make his duties in this
House subservient to his ordinru'y business.
He ha.s adyantages which none of us. -possess
in that way, and still he could not giYe an
haul' to this important Bill that he is so ready
to criticize and to bUl'ke if he could-for -that
is the propel' word-at the first ~'e.ading. Be-
fore the ordinary custom of the House can
be followed the han. gentleman must exhibit
his partizanship, and expose to the House
what is really at the bottom of hls oppOSition
to -the Bill. It is opposition to the Goyern-
ment and the Jlli.u1st-er of Justice fuQt aotuates
him.
Hon. Mr, SCOTT--That statement is utterly
untrue; on the contrary, I sa.id 111 my obser-
Yations that I was quite willing, if the Bill
was referred to experts, to alloW it to go
through next session.
Han,; Mr. :MILLER - The committee to
whicfu the Bill waS l'ef81Ted was a committee
of experts selected' from both Houses with the
greatest care. I am bappy to say that all
the gentlemen from this House gaYe marked
attention and .useful work to that Bill, and
no one among 1.m more so than the han. sen·
1390 Criminal Law [SENATEJ Amendment Bill.
101' member trom Halifax, nnd I have great
:pleaslU'€ in publicly saying SQ. He ·not only
reflected cl'edit on himself in that committee,
but he reflected credit 011 the body to whlch
he belongs. I ask the House if the conduct
of the hOll. gentleman from Ottawa towards
the committee is not SOlle explanation of the
animus which lies ut the bottom of his ex-
traordinury attempt to bUl'ke the llleasure at
the first reading 1 I believe this is one of the
most important measures ever submitted to a
Parliament in this COlmtry. I want the House
to distinctly understand thiLt it is not an in-
vention of il new criminal code j it is simply
what its name 'ptu'ports to be-a coc1ifimtlou"
of the L.'l..WS as we have them-and it is merely
au attempt. Illude to get within llal'l'OW com-
pass in a fOl1ll that will be intelligible to the
publicI the criminal law of the land. I have
reason to believe that from one end 01 the
Dominion to the oilier this great attempt at
codifying the crimlual laws and plnclng them
,yithin tile l'ench of (tIl 01U' pE'Ople will be
huilecl as Ol1e of the greatest boons that our
Government has ever had the opportunity of
granting to this eounti·y. I th1nk that
if the archives of the Department o'f
J ustloo could be searched we would find
thousands of letters bearing evidence to that
fact, and to the satisfaction with which the
leacling lllinds of the COtllltl.'Y. lay and legal,
view ,tills attempt' to codify Olu' Climinnl
law, and place it witbin the reach of aU ou:{'
people. It is not what the hall. gentleman
would lead us to believe it is, a Bill complete-
ly altermg the whole crimin...'ll system-the
1.'1,;W8 under which we have existed, and
oilier CODlmunitjes have existed for so many
hundreds of yet1.rs. It is only altering them
so far as the improvements of modern t'.mes,
so faJ.' as macIel'll Civilization has s~en neces-
sary to alter them, and it is with the object
of keeping up with the march of civilization
on thls great subject that the Bill is at aU in
existence before the RouSe to-day. An at-
tempt was illUde 1n England in 1880 to codify
the criminal laws, of Great Britain, but in an
old c01mtry ·with so many prejudices, und so
JlJflJ.1y institutions deep rooted in traditions anel
USttges it is a ,"'(>l'y different tlling from under-
taking such a measure in a new couutr;y, and
it is m::;e for us, before we hav€' these preju-
c1iees, trt1.cUtions aud customs of one kind or
another to he interfered ..,'?ith, to establish the
fOlU1dation of our criminal system a.s it "'Will be
esmblished in this Blll. l\fa.uy yeaxs after
this it mIght not be so easy to do this 1fork,
and it is, I preSlUne, for these l'eU801lg
thlut the Minister of Justice has llevoted
so lllany years-bemuse years haye been de-
"Voted :really to this great mell::m:re-to the pre-
parartion of it~ There is no CUl.1Sl:l ,'hy we
8houlel not tnke us much time as we ","vish to
discuss this measure. We haye not been do-
ing a great deal of work tqis session.
Ron. Mr. l\1A.ODOl\~"-T..!D (B.C.)-'rIH::re is
pl-E'nty of time bel'i)re OhriE':tlllUS.
Hon. l\rr. lUILLER-I have been in Pal'lta-
meut a grea.t many years and I never knt31\' a
session in which we had less work. It w,u,
not our fault that we hncl no work to do.
The fact is, however, 1hat we. hnd to adjomu
half the time. The House of Commons were
at 'york-some of it, to my ntlnd, was yery
useless work, but still they were working aU
the time. There is no reason Why the.y
should not take an udjolU1llllltmt of ·two or
three weeks now and come back again, nnc1 let
ns remain nt work. The country expeots it
If we fail now to face [L. little ,work bemuse'
it "ill keep us a week or two weeks longer ill
session, the eounh'y will be of the op1nion that
when we compla.in we do not get work Wi;;}
are not serious, because we are not willing to
1:.:'lckle it when it is presented to us. I hOlle
tllaJt the Rouse. will come up to the B:xpecta~
tion of the c01mtl'Y ~ from one end of
it to the other--..'l.Jld no matter wllUJt time
ma;v be l'equirec1 for the perfection of this
me~&U'e ,thtlit we will remain and pa~s it
lYe fire not limited-we Cl:tu take Oill' own
time. If we om get iihls Bill through in
a week, ,vell and good, llI!d t do not see why
we ShOlUd not j but if it takes three 01' fom
weeks, we should stay here. and attenq. to our
duties. .Although I have no love for Ott.'LWfi
at this time of the year, I should be willing
to E'acrifice my personal wishes. to l'emulll
aucl attend to this BilL I do not want to see
the l~bolU'S of the memb,ei's who have given
theil' time to that Bill, C1iSCUS8ing it carefully
line by line and clause by clause, week after
week, thrown asicle and' going for nothing',
because that will iJJe the result of aCcepting
the -views of the han. gentleman from Otrta,wa:
This willa-Ie work would have to be gone over
agam nem session. To us in this House it
would not be a very serious. matter if this
Bill were thrown over for another session.
But it would be a selious mattei' to' the
Minister charged with .the leadership of tihe
 Oriminal Law [JULY 4, 1892J Amendment Bill.
House of Commolls--charged mth grave.duties
of state and with the management of a. de-
p!ll'tmen~ aud the responsibility upon him dul'-
iug a S~SSiOll of Parli:11l1eut--it would be an
oneronS thirig for that lHnistel' to have to take
up this Bill next session where he took it up
thiS session and carry it through in· the fuce
of the· oPPosition whioh will always sprIng
up when it comes before the pOlmlar bod.y.
i'\ow thrut it has ,passed through the popu1n.r·
branch ,ve owe'it to·t-ile OQ-unn'Y, to 011!'SElve-s
and to the House of C9mmollS to care:fu.ny
consider this Bill.
" other experts ht1d gone through tbis Bill,
Hon. Mr. SCOTT~i do not propose to dis·
cuss the personal queStion, but I feel that the
House "ill allow me 1:0 disclaim at 'this' mo-
ment'thfllt I had th", slllal1est idea of hi n.n~-
way disconcel1ling the plans of Sir John
Tl1Glllpson. I should be exceecUn,gly ~.orl'y
to do so, oocl I trust th8!t the -House will not
accept the strutement made by the hon, gen-
tleman from Riohmoild: I disown any sue);!
intention. The Bill do'es not go mto Op~l'D.tion
until a year from July, and it can still go in
operation at that thne if the com'se that I
b"lJggest be t.'lken.
Han. jUl'. DEVER-At this st.'lge of the
Bill I fim e.xeeeclingly sorry that I huye to
detain the Ho-use 10 ma.k~ a few remarks.
From the taot thrut personal a.llusions have
been made to me I feel it but just to myself
to retort 00 the han. gentleman who chose to
ma-ke remarks fuaIt I tih:ink W81'e not at all
approplo;fate as applied to me. First, how-
ever, I will :point out that I was one of those
,,,ho, on a former occtlsion, when u. similar Bill
to tlLis CHme up, v~ again~t it, preci~ely as
I would vote aga,inst this Bill under the cir-
cumsta.nce~ lit came up at too late au hom'
iu tihe se.ssroti of 1868, and this Senate did not
feel that: it was oompatible with theh' dignity
so
to pass a Bill voluminous" so important and
so new to ·the-m, without furtiller time for con-
slderilltlion. It was in such a position that
thon. gentlemen could not approach it in a
manner 1ihart would satisfy <their consci8nces
to pa.ss it then. "Under those Cll'Cl.tDlWlnces
we rejected it, "and I was never sOQTy for"my
vote i1hen. I trust, without propel' time to
coThSicler this Bill, that every memb~r of this
"R'Ouse will aet Wlith similar manhood and
dignity allclr~ject this Bill also. At the same
tdnie, if the Senate is wi1J.i,ng to c-ontinue its Hon. ~fr. KA.ULBACH-I .was in hopes
sLtrtings until we can pass this Bill, so that we my han. friencl from Riclunolld would show
can say to the country that we ga.,ve it th~ us some reason why there was any necessIty
29!
391
consideration it was entitled to, tha.t we
<rave it the best Rutention we could, then the
~ouutl'Y will reSIJeat 115 and we can respect
olu·selv~s. Otherwise I feel that I would be
doing an injustice to myself and to the OOUU-
U'S if I cUd not rise aud make this objection.
NoW, with reference to the remarks the hon.
gentleman made to me personally: He seemed
to think I smiled. It- is true I smiled, and I
smiled at the slmpllcity of the han. gentle-
man to think that he could us'e any argument
by making it appeal' thnt he wM an expert,
and because he was an expert, and sam",
that thel'efDl'e we, as citizens of this country,
charged mth the duty of inv~stfgating mea-
SlU'OO just as well as these experts, were to
relinquish OlIT dllties and to leave the whole
matter in the hands of the exptll.:ts.
Hon. 1\11'. CLEMO\V-He :lid not say so.
Hon. Mr. DEVER-Yes; that is the view
he held. He said the experts had gone
t1n10ug-h this Bill--alld I think he saiel the
Rouse of Commons had gOlle tlu'ough it,
aud therefore we should not go through
it-thnrt we should act merely on the,
repOlt of the experts. I am not one of those
who are willing to ar.t on the judgment of
experts, nor am I Willing to take it 011 the
charaoter of the experts nor 001 the generaJ
behavlom' of the e::q:Jerts. I feel that in
this Honse we think too much of ourselves
to be governed by the opinion of men who
assume to lea-d and to dicta,te to this House.
As for their legal knowledge, I am SUl'e if the
views of this House could be asceutained we
would find rthat there was not such a g8neral
con~.ensus of opinion that those experts were
so very clever and brilliant legal gentlemen.
On the CQntl'a,ry, there are men in this Rousld
Vi'lhO possess just as good co-mmon" sense and
more praotical judgnlent for the well
being of this country than men wlio
set themselves up as experts 1u l~gal
and other matters before rthis House.
I trust thwt the Sena,te. IVill take into
account that those experts have no right to
dictate to us-that we have a right to get
plenty of time to investigate all the matters
that collie before us and relieve our con-
'selenees, and go home as hOllest men.
39:3 Oriminal Law [SENATE] Amendment Bill.
that this Bill should pass ills session. :illy
·hOll. friend has failed to show that there was
any such necessity. I quite agree with my
hall. friend as to the great importance of
the Bill. It affects the_ rights and liberties
of the subject, and when it leaves this House
it should have the lmpress of the intelligence
of every me~ber of Parliament. It should
be so impressed on the :people that it re-
ceived the full and fair consideration of every
member of this House. If this Bill is to
pass now I am "Willing to remain here and
take it up cla1..1Se by clause as far as neces-
sary, anc1 &1..crifioe more time in doing so
than 1 woul(l otherwise be dispos€{l to do-
t! it is necessary to be clone. But I mnllot
see what injlU'Y would be clone by leaving
this Bill over until next session, nncl let it
be circulated through the counh-y. Then
every member of this body, anel those outside
of this House who tnke an interest in the
important subject to ,,-hich it relates, will
hu,-ve spare time to give it full criUcism, and
come llere preparecl to ta.ke it' up wilen it
will be inu.'oduced ag,'n-in in this body. Every
member will come llere fully informed on
,every c1a1..1Se of the Bill, a.nd be pl'eJ;lfll'ed to
decide whether it is right to make it law or
not.. As regards the committee, 1 llave noth·
ing to say about them 11ersonnlly; but the
committee must not think, aucl the Rouse
does not suppose, that when the tJn'ee 01' foul'
members were sent from this bocly to thai
committee, they took ",ith them all the
legal knowledge, all the experience and all
the intelligence of this Ch.'\mber.
Han, Mr. l\:ITLLER-Nor the other House
elther.
Hall, Mr_ KALlLBAOH-l\Iy hon. friend
from Richmond, I kno~~, does not think so.
Han, :Mr. lUILLER-No.
Hon. Th', KAULBAOH-At the same time
lle is of the impression that when ex:pert~
have gone through this Bill it is but fair and
'reasonable that the House' should pass 11
·with certain criticisms and amen{1llients, but
that they sho1..ud not glve the whole Bill that
consiU€1'a,tioll which it sl10ulcl othel'wise re,
ceiye. My hall. :fJ.llend referrecl to the Act·
of ·1868. I do not think tb.at the hall, gen-
tleman from St John was here in '68.
Hon. Ml'. DE"\T]}R---1 was.
Han. -Mr. KAULBAOH-The Bill was of
great importance, and it was laid over..
Hon. Mr. IDLLER-The BritiSh North
America Aot made provision in tha,t case
fo-1' its lying over.
HOD, jill:. K..A.ULBAOH-It may have been
so. I should be very much opposed to hav·
ing this Bill referred to speciali-sts. The
fam that it has been pl'~pared by the- Depart--
ment of Justice- and receivecl the- ca.re-
ful considera.tion of the :i\riniatel' of Jl1S-
ti-ce, and specialists, would not warrau~}, us
ill abnegating our rights and functiobs.
I believe that credit should be giyen to the
Department of Justice from whiCh it came,
aud if '1 th,)ugl1t for one moment that that
depil.ltment) 01' tile heae1 of. thnt cIepartment
felt that ho was not being fiih'ly h:etl,tec1 by
tl1is body, and that propel' respect had not
been paid to his Bm as it. came hefore us, I
would hesitate very much in sa.ying thftt the
Dill Sh01.ucI not pass this sessio11.·, But I do not
look on it in that light~ I am sure tlmt the
Minister of Justice is as desi~ous as anyone
of us ,that a Bill of tills. importnnoe, thnt
makes so many changes in the criminal 1:1.w,
ShOlUd be perfect, aneI that we Sh01.ud have
all the inforID.c.'l.tion possiQle before we pass it,
ru:L(1 if we shall have that. by another session
I am sure the counh'y will not lose by it, and
the Bill must improve by the' consideration
we shall give it. It is bl'triging the law ill
harmony with the advanced stage of clviliza.~
tion and intelllgence-,. and the ,interests of the
countl--y, and therefore we should make it
full and complete. We are ,going t.o spend on
this code tens of thousands of dollars, and it
should go to the public as the consummation
of the wisdom, not only of Parliament, but· at
eCl.."Jlerts outside of it I am sure I am not act~
tug in a spirit of opposition to this Bill, and I
do not think the hon. gentleman from Ott.'twa
is a.uimatecl by any such hostility" I' am not,
(,..8rtainly. No person will give· me credit for
any- feeling of hostility t6 the Government 01'
t.o any department of the .Government, but I
am as anxious as possible tha.t this Bill should
be Jlassed in a perfect." condition. I am will-
ing to remail!. here two 01' three weeks, if
necessary, to ma.ke ·it perfect, but 1 tb1nk at
this stage of the ·s·ession, after being here over
f01U' months, allc1 mmiy members leaving, it
would be rather hard on many han. gentlemen.
I believe the hon. gentleman from ,1Uchm-ollcl
will feel it a large sacrifice to his own per-
 Criminal Law [JULY 4, 1892] Amendment Bill. 393

sonal convenience, but} if he wishes, and is oussing amendments of this kind it is im-
'willing to l'sroam, I am willing also to remain. possible to do it properly unless we give
I believe, however, it is not in the public close attention to the Bill from beg1nning to
interest that we should do so, for I teel that encl, and go through it clause by clause, Per-
if we went on with tbm Bill no,," it should sonally I would be qu.it.e satisfied to remain
not receive the consic1em.tlon it is entitled to. here and consider the Bill for a fortnight 01'
Many hon. llleiubel's hays gone hOlUe, and three weeks j but I ha1'e other bUSiness on
others al'e packing up to go hOllle, and I hand which I want to attend to out west)
te.w that the Bill ",,,ill not receive tllat C'.oU4 and it is necessary for me to remain here at
sideration which its importance. deserves. I any rate lUltil the R~stribution Bill goes
have not hea.rd any wish from the depart· tln'ough, beC"J.use I ha1'e a plotton on the
ment that this Bill should be forced througli Papei to move in il.D1endm~llt that it be 1'8-
tbis session,. ancl I see no reason why it ferrecl .to the Supreme Court for a COllSti·
should not be h~ft 'with us, (1i~tribnted througb hltional opinion, and I do not 1\rish to leave
the country. a~d it -will 'come back to us next any of my w0.rk unfinished. For that reason
sessiou and be passed, haying the impress I intend to stay here lmtil we get the Reclts·
upon it that'it has l:eceived all the considel'fl,- tribution Bill before the House. I believe it
. tiun that such an important Bill deserves. was at the door of the House on Thursday,
The Bill should have been introduced in thls but for some inscrutable reason it was sent
House fu'St '1:"e· Could have devoted the fil'st back to the House of Commons by the Clerk)
vs.rt of the s~ion to it) .and the objection and the Crim.inal Law Bill was sent up in
that is now urged would not arise. If we its stead. If the election for Marquette is
pass this Bill now :we will have to swallow it hm'llied ou it will be like striking a man
bUmli'old, unless the han.. gentleman from belOW the beltl for I must stay here as long
Richmond can R$ate other hon. members as my ehlty to the c01mh'y requires me to
with the same fe?~g tha~ he has himself, so st..'l-y here, in order to assist in carrying au
that; they will remaill here for weeks and de- the business of the House.
yote their time to it. The interests of society,
the liberty of the suhject;, 01' the protection of Ron. Sir JOHN OALDWELL ABBOTI'-
the subject will not, however, be impeded 1)1' I desire. in the fu'st instance, to rea...<::SlU'e my
endangered by lay:ing this Bill oyer \mill next friends from Lower Canuda as to :the printing
s('Ssion. If the Bill Is pressed by . the GOY- of the Bill in French. I am l.lS well <.1...Wilre
ol'llment it; lllay' go through in a day or two i a,..:; they are tilla:t it is the.ir undoubted right to
bnt I shall feel it my duty to retire from the ask that the Bill shmuel be placed before tbem
consideration: of it, for I feel that I could not in tlleir OWll languuge, and :lit would be in~
do it the justice it deserves, in ha.ying it consistent with my practice ·011 a.ll former oCr
pushecl through so .rapfdly. casions, [mel it is a tilling 'thut I do not rotend
to do on the present occasion, to attempt ill
Hon. ~fr. BOULTON - The questioll of any way to forCt! the Bill forward jn the
b'ringing forward· thls Bill at the Dl'€Sent House against the will of our French c..'llla.~
moment is a 'fu,u' subject for discussion in its dian flien{ls until it has been prmtecl in
llresent stage, .If it is pressed. it will go ll"'r€nch. I do not propose to say very much
throUgh~ i~ ·second stage to-morrow, and it on tile subjec:t of this Bill, but I do p.ot thlllk.
will be discussed, as a certain amount of thUlt the hOll. gentlemen who 1111:ve spoken
time is absolute13: neces..."-ft.ry .to give to the aga.tnst it ha.ve treated the Government quite
deliberation· of such an lmpOl'tan. t measure. ffiir13 r • In the first pla.ce the han. gentleman
As n;ty han, friend from L1.Ulenbm'g has from Ottawa assulllecl that we propose to force
sttl.ted, we C:ln sit here for it fortnight or the Bill tlu'ough without discussion-tha.t we
three weeks, or a month if necessal'Y, and 1 Pl:opose, according to bis theory. to inEist 'On
certainly think it Will be ·necessary to do so tills Bill being put t.hrough without every
lu order to fully discuss' the clauses of t.his member of t.h!2l SenaJte having. every oppor-
Bill. There were pla.ced in my hfllle1s some , tunlty tb...9.Jt he oould possibly desire, to discuss
nmene1ments to seyeril.l of the .clauses, ad- it in snoh a. maimer as he may thl.uk proper.
m'essed to· me from a man named D. A. No such idea has ever entered into the views
Watt) and giving his reasons why these of the Goverllment; llO such intention has
u,lllellclments should be adopted. In c1is- eYe·r been entertained by it. The proposition
394 Oriminal Law [SENATE] Amendment Bill.

is to bring this BUl before the Rouse in the termilled to slt from eleven o'clock ill tile
--:clinal'Y way, so that eVt'ry hon, gentleman morning l.Ultil as late as we see fit to sit in
l this HOlme may take whatever time he the night} we shall ha.ve ample time to clisctlSS
leases, to amencl or discuss it in any way he it.
links proper. My hall. f11e11(l'8 assumption,
Hon. :Mr, l\IILLER-Three hlllldl'ec1 clauses
0. which he bases a large portion of his !ll'gu-
leut that the Bill is to be forced through went tlu'ough the. House of Commons Pl one
1e House without discussion, is without day.
oundaJt!.on. It woulcl be disadvHntage-ous HOll. Sir JOHN OALDWELL ABBOTT-
) the Bill itself t.o preSs it forward ,,1tilomt Over foul' lilmdred clauses of the Bill passecl
tying everybody an OPPOl'tuD.1:ty of CliSCUESing the CODlDlons in one day. There are several
;. No such proposition has yet been pre- reasons why I think we should be arue to
ented to the Rouse exoopt by the hall, gentle- finish this Bill within it reasonnb~e time.
mil from Otta~"a. The question is, Is the The most forcible of these reasoM is that an
1m in such a PO~itiOll, 01' can We put it in important committee of am' Rouse ha's sat
nch a position, . thart it Ol.:lght to be ])f1ssec1 jointly with it committee of the House of
n.ow? I maintain tobat lU1til it is before us it Coll1ll1.ons for some weeks di£cussing eve-ry
jg impossible for us to say wheth~r 'we can clause of this Bill. It is not as if the Bill
pass it. or not. On rthis occnsion what mn I werd now brought before this House for the
asking? I am asking that the Bill be lRl't first time. The '.Jest legal milld.s of this
on the Orclers in such a. way as to hale the House have' hn{l an opporttmity t6 consid~r I
OppOlltUnity of giYing it a second reading, in tbls Bill for the last three months, TI;le Bill
c..'1.se hon. gentlemen choose to read it fl, second was -printed last session and otrcul:atecl, anc1
time, For th~ first time since I ha;ye lieen ill then it was said to us, Do not press the Bill-
II I
this House an objection is taken to putting n. this session-:-put it off until th~ next session
Bill on the Paper where it c.un be discu,':>fecl and then \Ve will pass it." Now, what has
according to the orcUnary com'se and prne-iice taken place this ses~.ion? . The :M:iu1ster of
of tills House. Justice and a good many men hllo.wn t1n'ol:1gh-
H-on. luI'. SCOTT-No j I' do not. object to out the Dominion as ha~g a long .experhmce
that..
in legal practice ha:ve devoted' themselves to
cliscussing the Bill and passing it tlu'ougll
Hon. Sir JOHN OdLDWELL AllBOTT- the other House, and have bestowed_ upon it
I know that I am right ill respect of the time rin amount of labo1.U' tha.t I do D.9't believe Wfl,S
that I ho..1'e been myself ill the House. I ever bestowed upon any other Bill that has
never heard of an occasion where it Bill was ever been before the~e Houses, and surely !
not allowed to be imroducecl nnd read th~ han. gentlemen are not going to' say to these
first time without cliscussion. men, "We despise and condemn what you
have been.cloing. W~ do rio~ think anything-
I
Hon. j\1J.'. SCOTT-I take no objection to at all of the labom' you havt3 been devoting to
the fu'St reruiing of the Bill j it is simply an this Bill for the last three 01' fo1.U' months. ,Ve
appeal I lllRde to -the GOlemUlent at this sto.ge will throw it out and
of the session not to. go on with ·tht:' Bill.
will not look at it."
It is onJy at the second rending that a' BllI
HOll. Sir JOHN OALDWELL ABBOTT- is really ta~en 'cognizanoo of by 'th~ House,
My- hon. fliend ought to know that I am ,e1'3' and I do &'1..y it would be a most unfah'- and
susceptible ,to appeal. He kn0'WS that I Te1'Y unJust proceeclmg at this stage- to stigma.tize
seldo1ll clisl'eg-ard an apyeal :fi'0'1ll the House it with severe condemnation, and refuse to
when it is base(l on reasonable propositIons, place the Bill on the Orders for a second
I elo not quit~ a.gree 'With some of IDS" han. reading. My hon. friend-began Cliticismg this
tl,iends who ha;ve SlJoken, that it woulcl be a Bill and its demUs, although he said. that he
reasona.ble proposal for this House to stt never went before ,the committee at all, auc1
iill:ee or' fom' weeks longer in 0'rder to pass before he had even' read the Bill the seco11(l
this B,ill. I think it would be Yerging on time, It, Is ill the -CoIlllllittee of the Whole
what is unreasonable to ask us to e10 so ; but as House, uncleI' the practice of -the House, that
we have nearly the whole of the time dming we shoulcl discuss the details whlch he and·
the remainder of the seSsion, which we may the hon.· gentleman from. Halifa;x e}""11osed to
fa1rly devote to this Bill, anel as we have cle~ us. Let the Bill come before the House in.
 Criminal haw [JULY 4, 1892] Amendment Bill. 395

the prop-e1' way Rnd then we ,can discuss it in opinion is that we should read it the seconcl
ci.etail. time-that we shoulcl try om' hands at pass-
Hon. Mr. POWER-The hon. gentleman is ing it-th~t we should begin the work, a11(l if
mistaken in sa.yiug tllat -r cl'iticiseo. the Bill. we find we call110t get on --with it-if we find
that it is too much of an effort for the re-
I M'Ve not mn<le any relllarks on the Bill at
IlJ1liJJing clays of the session that we can de-
all.
vote to it here, I shall not stand in the way
HOll. Sir JO:E):N CALDWELL ABBOTr- of the Bill being postponed in some form 01'
I beg my J?o11. friend's pardon; I was conn18- ollier. Jliy own impresston is that when we
ing him With some other gentleman who spoke go to work at the Bill, if han. gentlem.en will
in the House.. go to work seriously, and use 'their endea·
vours to make right what is :wrong in it-:-if
Hon. Hr. P01\'ER-It was my hOll. friellC there is any 1yrong--:-::::we shall get through w1th
from St "John. it fairly in modem te time. We will in the
Hon. Sir JOHN CALDWELT.. ABBOTr- COlli'SEI of five or six clays make rt very
I do not think iny hOll. friend from St. John large hole in it. But I -ma.y be mistnken.
went much into details. The han. gentleman ,Ve mUJ' tal.:e up the ,yhole time on fiye 01'
from Ottawa took a Course _that is 1.1llusual, siX cla'uses, but if I fincl that we cannot gi,e
ancl with that respect which the House feels the B~ll that attention \yhtch it deserves, 1.111cl
,fOl him, some hOll. gentlemeu' follO\yec1 in which it requires, one1 which I (IE-si.re that it
the -same'une. He led them, asu'ay to that should' have in the time at 0111' clisposal, oJ:
extent. ~I do not deny. for a moment my hall. shall Eat be 111e last muu jn this House to
il1end's right to make objections when any get up ancl say that we shall postpone the,
st..'lge is being taken, if he thinks propel' j consicleratioll of this Bill t.o anotht'r QCC3.SiOll.
but I say, accordi?g to the usual practice of At the same time I think it would be n gl'eat
the House, it has' been customary to have a pity--,·" great· misfornme-to cl0 so. 'Ye
'Bill put on the paper for second reading, at shoulcl perforlll our cluties, ancl S1lOW tllat
which time it is supposed that the House has though we haye certainly be(->l1 practically
become familiar 'With the principle of it It is i(lie tal' several days clm'ing this se8Sioll, we
distributeCl. Everybocly has seen it) and are re<l.dy when the time caines and the work
everybody knows what·it is, and then han. is placed before us to attend to it und finish
gentlemen will make up their minds whether it. Thls Bill is just as necessal'J~ as any
they will Roo-ree to the principle of iF or not other important Bill that 'comes befor€'c Parlin-
The. (letnils arB. discussed in Committee of lllent~ It has been regarded as uu essential
the Whole HOllse, when the :Mace is removed Bill in Euglancl. The han. gentleman from
from the Table, and everybody has a right to Otta.wa says that the Bill prepm:ed in Eng-
discuss it as fl'eely as h~ pleases. That is land in 1880 has beeu laid (tway in some
the ~'egulal' cou1'se. Why are we now going to pigeon hole ever since. :My han. fl'ien(l is
depart from it'? "Why do· my han. friends mistuken. The Bill hus not beeu pressed
wish to depart from this course? Do they forwarc1 as a whole, put parts of it ha,e' be-
think that the la.bours of the House of Com- come law from year to year, und now a
mollS, an~ of the p1embers of this Hbuse, large portion of that Bpl has becollle incor-
who hn.ve taken snch an interest ill the Bill pora.ted iuto the 1'1w in that COlmh'y, "~e
in committee, .itre not worth consiclerIDg- find it better in this country to hoy to place
that they·will not look at them? Do my hOll, the whole thing before the House at once, a.s
friends think that these labours are such that oue cOlll1ectecl whole, ancl to make a. code of
they are not deserving of the slightest notice it. In Englancl that mode is rendered cliffi-
from this House? Surely this would be cult by the fa('-1; that the most collserva11ve
h'eatlng 'them unfairly. Sill'ely there should portion of the British Parliament is composed
be no such conteip.ptuous action by any of lawyers i they cIesi1'e to ailllere to the old
chamber as to say when it is called upon to system, .and it is next to impossi:ble, as has
perform its dilties "No, we will not look at been proved on more th-an one occaSion, to
the paper at all," and yet that is wha.t my cod:i:fy the law ancl make its olleratiou more
han. friend asks us to do. My han. friend accessible to the pu bUe, anel less excluslYely
sai9- he made an appeal to me. I will tell to the lawyers. But even there, as I have
the H?use what I think of this Bill. My already stateel, the code has been reproduced
396 Oriminal Law [S1llNATEJ Amendment Bill.

in the statutes, piece by piece, and l1 large Bill tlJ.a,t it should be postponed 1llltil next
portion of it isactually now on the Statute- session, is just such a com·se· as would appear
book in Englimd,. ·r think I have made my- the best, and to adopt such a com'se would, I
selt undel~tood, -and I do not thtn!\: that it is llhlnk, meet the views. of the hon. gentleman
necessary for me to say more on the subject. from Ottawa and would certaillly meet mine.
r entirely agree "With the hOll, gentleman H'On. 1\fr. SCOTT-Hear, hea:r.
from Ottawa for Ollce, Oll the theory that we
are bound, if we take this Bill up, to go on Hon. Jill:. POWER-I think the han. gentle·
with it) und to do it earetulJ.,."I', and to devote man from Richmond and tihe hon. Premier
om' best attention to it, and make it n were to it certain ex1;-f?nt unjust t.o: the hon.
good Bill if we pass it at. all I say that if gentle-man from Ottawa in talking of his
we find when we have begun the operation COll'se as lUlpre~dented. A. Bill is o.@u for
of criticising and amel1ding the Bill that we discussion at 'every stage-first, Recon~ lUld
cannot do it within a reasonable time, I am third reading-and 1 look at the line taken
not g'oing to try to force the House to Rit on by 'the han. gentleman from Ottawa as being
thl'ough the dog clays working at this one wOl'flhy of praise. Suppose thfilt the hon.
measure. Let us, however, pay the House gentleman fr.OO1 Ottawa had sat)n bis s-cat,
of Commons the orcUnal'Y compliment of look- .and thereby indicated that he had not the
ing at thetr Bill unel reading it the $econd slightest ol)jection to the Bll!- being put
time; then, if we find that we cunnot go on through at once, and when the:B-pl ca~e to
",yUh it, it is not impossible that we can take its second l'ea-dlng the hon. gentleman had got
some means to place this Bill before the House up, and .without gi-ving any pl'P.vious n<)tice to
next session in the precise .position in which the Government moved the six montlis' hoist
we leave it this session. I propose to in~ or some other motion of that sort, I think. it
quire if such a thlJ?-g as that can be done. nrlght then be very well cont.ended that he was
It was done under the old system in tllls taking the GO'vernment by surprise. He has'
colmh'Y'; bi.lt if we fud that we cannot get not chosen to' do that, He ha~ llldicated at
on comtortnbly and s..'lJtisfn.ctorlly with the the propel' stage, I think, the re.asons why he
m'iticism of this Bill before it leaves 0111' thinks ·i:that we should hasten slpWly with this
hands I lyill see if we co.nnot do what I important meusUre. I .am .not aware tlmt
propose: But I say, do· not make a lJadab any han. member bas any objection to the
at the Bill. Do not treat it \11th contempt. fi1'st reading of the Bill. The' opposition Qf
Pass it as far as we can in the performance the hon. ·geutlema.n fTOlh Ottawa indiCllrted
of our duty, and when we. find that we can~ certa.in details of the Bill which he thought
not get on sntisfactorily any fmiuer, I will deseneCL consideTD. tion. I did not lmderstand
be the first one to suy stop. that the hon. gentleman 'CUd that with a -view
Hon; Mr. SCOTI'-.A.nd I am willing to give of discllssing these detail~, as l"e would in
my assistance ill that way. committee, but it was d-oo;te simply' to indiC3,Jte
that the Bill as it came to us was not perfect
ROll. Mr. POVVER-I do not think any one and needed discussion. find n.mell{lment} und
ClJ.ffers very maMria..lly from the hOll. Premier. he was simply allowing the 'House to Ulld~l'~
I think the view he. 'has put before the Hbuse stand the position of thIngs.' The han. gen·
now is the propel' and correct one. I think tLeman fro~ Richmond· wa-?': good enough to
the Premier, to a certain exte]]t~ rather mis- say that I had been very' ·a.ttelltive flJt· the
apprehended the remru.'ks of the hon. gentle- meetings of the coIIllllittee: That is a fact.
man from Ottawa. I have not had any con- I think that the Goveinment deseTve cl'edit~
sultation -with the han. gentleman at all, and as showing' a greart deal of enterprise in being
I dld not know that he proposed to say any- anxious ·to be abreast of the times a.nd put
thing aJt the first reading of the Bill, bllt 1 our . miminal la-w into a form in which it is
clid not lmderstand· than; hon. gentleman to lUore accessible than it Is a.t the present time.
imply thfJ.,t he opposed tihe fir$t re-ading of the- The code, when it :i,S fi. perfect code, 01' as
BtU 01' tha.t he intended '·to oppos~ the second nearly perfeot as we can make it, will be a
reading of the BUl. I thinlz the course whicll very good thing·, bnt I feei, just becalU,e I do
the Premier has indicated, that the Bill should take a. deep' interest in this work, and am
be rea.a. the second time, and then, if it is n:n.xious trultt we should have ,a good code,
found we have not time to do justice to the thfl.Jt we sho.uld not let the measure go ont of
 Oriminal Law [JULY 4, 1892] 'Anll",dment Bill, 397

this House until we are satisfied that it is as
perfeot as we·al'e able to make it. Whefuel'
Ti't3 shall ha.ve. time to do that work. within
what may be called a reasonable time is the
question. Inasmuch as the Bill is not, in
any case, to go ruto opera.1:Jloll until the :fi~t
of July nen year, there would be no time lost
us a matter· of' aptual praotical work. There
would b~ no time lost if the Bill were post
to take up such a voluminous Blll cla.use by
clause.
Hon. Mr. PO,VER-\Vhat the hon. gentle-
man wants for use in this House is the copy
of th~ draft Bill which was used by the
chairman of the House of COll1lllons.
Hon. Mr. ALMON-It is very de-rogatory to
4

this House to send to the Ho-use of CoDllUons

poueQ. by RJJ,.d· by till next session; in the for what they have done. ,Vhy not send for
llleantlme, it c01.lId be pla-ced in the hauds of their sDeeches as well? We al'e an indepen-
experts, as s~lggested by the hon. member dent bocl..v, und not to be dictatec1 to by the
from Ottawa1 with a view to hru.'monizing It::; House of Commons.
p1n'!1seology.
Hon. Itfl'. MILLER-I would certainly in-
Ron. :Mr. SCOTT----'I lllove that a :ft.!:tffim-ge sist uDon my hon. friend giving that as a
be sent to the .;~ouse of Commons requesting notice of ,motion, because I think YO~l 1'i111
that House -to· seud to the Senate Chamber find on inquh-y tha.t !it is an unheal'd of thing.
the original of,. :the Bill intituled U The Crim- All we know of tile action of the House of
inal Law of 1892," to be laid on the Table of COllll.llOllS is from the J o1U'uals, if we choose
the Senate dnii:ng the discussion of the Bill to search them, and the Bills that they send
in the' Senate. ' us. I have. no recollecti-on, in my experience
H'on. Sn' JOHN OALDWELL ABBOTT ~ of 30 years in Pal'liament, of such a request
That i~ not e:;:s:a.ctly what my hon. friend being sent to the othel' House. The hon.
wants, I fuj,nk. The Bill passed by the House gentleman 'has a ripht to give notice of his
of Commons'i~ t!he Bill tb.!Lt is before us. motion in order that the House may not com-
mit itself to an abslU'dity (in case it is an
Hon. Mr. SCOTT-The fu..ft Bill. There absurdity) without hamg sOll}e time to ill-
is clause a.fter ('lause tlIatneed llot be touched, quire. If the motion stands mrtij. to-mOlTOW I
Some of the amendments introduced in the snppose the leacler ot the HOUR£, wl11 be in a.
,sl)eoinl committee were st·l'uck out in tile DositiOll to say what he will do.
committee of 'the Rouse. I want to see
those claitse§, because rea.lly those ure the de- Hon. iUr. SCOTT-I have just lmQcrllned
b3Jt.able cla-q.se.s. those words-" as used 1n the Contmittee of
the. \Vhoie." I
Hon. Sir JOHN OALDWELL ABBOTT-
If we compare the two we eau find the alt~ra· Hon. Sir JOHN OALDWELL ABBOTT-
I think it is impracticable. I know what my
tiOllS. Does my hon. friend want the Bill as
it passed the collllllittee ?
hOll. friend wants, aud I ,,,ill
see if I can get
f,uch a compilation as he desires, but I um
Hon.. Mr. SCOTT~I 1vant the Bill a~ i-t. quite certain that lye cOlud not Pl'OCUI'f' ~t.
passed the l¢0:use of Commons with the
Hon. ]lfr. hlAODONAUl (B.O.)-Who L, to
COl'l.'eo~ons D;lade. The Bill was r~·
ported" with several amendments to the ho,ve the copy of the Bill? Thel'e is only one
House by the special committee, and copy to be h\1d.
was by the HOlme referred to a 001ll.U1itte~ Hon. Mr. SCO'l'T--It cau be laid on the
of the YVhole. Many of the changes l'ecom- Table of the House, aud referred to b~r any
mended by the special committee ,vere aclopt- one who wishes to see it.
ed j others "rere llot adopted. That is the
dI'llft Bill which shows the originnl Bill and Hon. ':Mi'. 1IILLER~The chairman'R copy
the amendments made in the special com· of the Bill in the House of Comll1ons is a
mittee, and which shows how fal.' the House record of the House. It is from that copy
of- COllllll011S accepted, the changes· made by that the Bill now before the House has be€\u
the special conpnittee - W~'1..t· clauses they printed and .certified, I neyer heard of fI, Bill,
$t:l1lClc ont fiud 'what substitutions they on whlch the actual changes: were made un-
offered. In that way we can lmdel'stautl the der the chairman's hauds, being sent from
question. Of course, it is utterly lmpossible ono House to tile oilier. If there is nuy info~'-'
398 a"iminal Law [JULY 5, 189:l] Amendment Bill.

ma.tion that would help us in the discussion the dr-aft Bill shall be brought to thIs
the measure the hon. gentleman ought to Ollambel'. It is only when the Government
)t it, as fl, matter of COl.u'Se, but I wOlud propose to taJte up the Bill that I wish thls
Lggest, as an old member of Parliament, thflt resolution to l'eceive its effect. I fL-SSlUue
'e should not commit oUl'Selves to' any~ that there will be no' objections to. my pro-
Lat is absurd, if it is a'bsul'd. Let. the notice position, because I \desh'e it only fo)' the P1U'~
~ motion stand, nucl if, on inquiry, it is pose Qof pointing out more definitely to the
)Und to be all right) we can adopt the hon. House certain changes that are made in the
O!lltlemnn's suggestion, but I object to the Bill.
lotion being macle now.
HOD. Sir JOHN OALDWELL ABBOTT-
,Hon, Sir JOHNOAI"DWELL ABBOTT-
I saw the Clerk of tlie House on the'subj(nt
want to facillt..'lte the discussion of this Bill.
la~t night, and he.tells me that it is absolutely
hS1Ve already asked to haYe a copy preparecl
Impossible to do. what my hon. fr~~ncl fl~~~
n. the original draft Bill, with all the amend~
for. The (rrait Bill~e original Bill; as my
ments made in the other Honse marked upon hon. friend terms it----is the Bill· that rome up
it
from the special -oomrnLtte8, as amended by
the special comri:dttee, and the amendments
Hon. "Thlr. SCOTT-I haye reasons for "\"\18h- u-re upon it. It is then pc.Taught b'efol'e the
ing to proclli'e the draft Bill, and it my request
House, laid upou"the Table, and kept by the
is .not complied v.1th I Rl1all take no further clerk of the committee i anci eyery'amencl"
part in thE' eliscn8Sion. If it L~ hid on the ment that is proposed, and made, re-pl'OPOSed
Tnble of the Honse any membel' can refer to and re-amendecl, is ~_cribbled into a book; and
It.
he says it is practically lIDinteUigtbie to any
The motion to fix the second reading of the outsidel~ because !:t. is done in the loosest and
Bill for to-morrow was ngreed to.. most informal way' possible. ,A.iter th~ com-
mittee rises it is sent up, to the Law Clerk.
The S€>nate lleljourned. 'at 5.35 p. m. and the La.w Clerk. deciphers it as, best he
eRn, and completes the ·ori..glual draft accord-
ing to th~ notes in this book. He tells me it
is it record of ilie House ,of Commons and one
. for which there is 110 precedent to allow it
to pass out of his hands. Of COlli'se my halL
friend must understand I do not make' this
TIm SF}XAT8 objection with I any desire that information
shnll not be given, for I am .conyinced the
Ottat{:a, TuesdaYJ July 5th, 1892. mord we fee of the umondmeuts Ullel the way
in which the Bill as it' now ::Itunds Viras
The SPEAKER took the Chair at 11 a.m.
reaohed, the more quickly "1ll, we get through
Prayers and routine proceedings. with it~ but this it is pmctically impo,ssible to
elo without a. violation of all the principles and
ORIMINAL LAW Al\IEi\'D~IENT BILL. practice of Pal'liam~nt. .
"MOTION.

Hop. j1.[l', SCOT!: moveO.-

T.lJ.t\t (l. llIessnge be se-nt to the House of
Commons by one of the Masters iu Chancery,
requesting that House to send to the Sena,te
the origlnal Bill as used in the Committee of
the 'Whole Hm.we, intituled, II An Act r~speot­
tug the Criluinal Law," to be la~d on the
Table of the Senate durJ.ng the cliSCllssioll on
the second rea(Ung of' the said Bill in the
Senate.
He saiel: Until this Bill is tak"dn up for the
second reacoog of Com'se I do not desh'e that
Hon. 111'. ""fiIILLER-If it would serye tile
Dtu-pose my han. friend has in' view, Xhave u.
corrected GOPy of t.he Bill as it left the f,elect
committee of 1the two HOl,lses, wherein all the
amendments are l'egularly r€corded, and'which
I will be very happy to lend to the han . gen-
tleman if it will enable him to meet the pur-
pose he has in view. As I antiCdpated, the
other record is not available i but if my own
reoo1'e1 is ·of any value as given to me by the
clerk of the committee I ;Shall be Tel:!" happy
to let the hon. gentle-roan have it.
 Three .Rivers HOl'bour [JULY ~, 1892j (fommi,sioner,' Bill. H99

Ron. Sir JOHN CALD,VELL ..A..BBOTT- with the commissioners, whlch it is considered
If my hOll. friend ·hus a. l'ecorcl of thls de- would be to the public benefit. Some yea·l's
scription I understand it is in book fUl.'ID and ago--in 1882, I tbink-fue hRrbolU' com.rnis-
very cleurly. got up. It would be easy to sioners of Three Rivers 'Were constituted! and
get the paragraphs marked, which have btell were authorized to borrow the SUlU of three
ame1l(led in the House .since the cpmDJ.ittee hundred thOllsancl dollars for the improve-
roacle its l'epolt) and if the paragraphs which meut of their barbour, and the acquisition of I,
hfl,ve l'jeell amended ure marked it wO'lllc1 btJ the whnrves of their' hUl'bOlU', on the same
very easy; by comparing -with the Bill before principle as coJ.lllllissions have been esmb-
us, to see wh..,\tt .changes have been made. lished in cl.ifrerent parts of i;he pwvince. The
commissioners, . howevei'. ouly exercised this
Ron. 1)£1'. SCOTT-I am sorry to hear the power of bOlTowing to the -extent of eighty-two
F1'e-lllier-~make:the statement that it js o..bso- thousand dollars. They obtained. an advance
lutely iillpossible to proC1.U'e that copy, The from the GoverDll1ent of that sum on these
book wdulc1 be as safe here as in the posst's- debentmes, with the obligation on their part
sian of the HO{1Se of Commons. It is the
to pay interest on the amount) amI -with the
original book in wbic1i the amendments wel'e
condition, no c1o-ubt, of cOml)lettng the
made in the Bill in committee, ancl these nr~ hu.rboul'; but the sum was found wholly In-
the a-mendmeu~s, either altereel or struck out adequate for the purpose of making the har-
nltogether bJ~ the committee of the HousE',
bom' t1 pRying property, and aft-E'r expending
that. I want. These amendments number, I
belie.ve, about one ul.lllclred and fifty, taking; itl as I believe prudently, and making consicl-
er[lble improYe.ll}ents, they . Jia;ve fOlmd them·
the amendments mflzltl- by the specdal com-
selves at a c-omplete deneUocl;:, The harbour
mittee- and by the committee !of the other was not sufficiently completed to meet
House. Some are material ~ . others unim-
the
trade whiCh they expected to be c..'1l'l'ied all,
pOl'ttmt. It was to serye a pa~'t.ioulUl' pi.1L'+ and consequently the revenues feU into alT8<'ll':
pose that I d~.ired to have the Bill. Of
The interest from part of this per~od fell into
oo m'se, l·t I am b.lked l'n that I· "<a~e no .ltel'- .
ll(; 1 arreN:' ancl t)1e - harbour commissioners and
native but.{to submit to·the·will of the House.
the corporatlon ma{le application to the GOY-
I had a l,.'eason for- making this reql~est~ el'nment to put them on an entirely new foot-
Hon. Sir JOHN CALDWELL ABBOTT- ing. They. snggested that the power of bor-
r went myself to the Clerk of the House of ~'o"iJ.;tg, which hael been, taken from" thEnu at
OOll1lllons mtll a desire to see' if my han. tile time. they proc1ll'ed tbi~ lonn, sllonld
friend's views could be met) and I have com- be restored to them-that they should be pel'·
mmlica.ted to the :S;ouse what w3:$ &tated to mitied to borrow the balance of :the three
me. . hlU1dl'ed thousand dollars of debentures.
wbich they _were authorized to elo by the old
Hon, Mr. SCOTT~The docu~ent is open to Act And as of COlU'se it woulel be difficult
the i.p.spectdon of any member of the' ot-Ler for them, l..mder a second mortgage, to obtain
House. Under the circumstances, .r have DO this money, they asked t~at the new issue
'desire to divide the. Hol1Se on the resolution. might be permitted to take ~l'ece d ence 0f the
anel I therefore ask that it be declared lost all old issue. It ,yaS -perfectly ObTiol1S that 1m-
a division. less that was done, it was useless to try to
The amendment was decla:red, lost' on a raise the ).lloney lmder any leg:islation that
(liYisiort. Parliament might be pleased to accord to
thein, ancl the Goverllln~nt thought propel' to
TImEE RIVERS RARBOLlR COnIMIS· assent to the application, the conclition being
SIOl\'ERS' BILL. that the arrears of interest accr1..leel on the ex-
Sl~COXI> RE~nI~G. isting loan sh01..uel be patel in full. The object
Hon. ;,:ll' JOHN CALDW)lJLL ABBOT'l' of the :Bill before the House is therefore fol'
moved the second reading of "Bill (98) "~o\..n the pui'Pose of placing the hflrbom' in that
I
Act re.:;;pecti.rig the Harbour Comm:isstoners of position and the borrowing powel', which
Tlu'ee Rivers." He said: This is a Bill for was granted by the Act of 1882, is restored to
the purpose of making amendments to a pre- them on condition th!1-t they pay the arrears
\'ious Act regarding the harbour of Tbree of int-E'.l'€st which had accrued on. the mnOlmt
Rivet'S, and to give effect to an arrangeinent already borrowed, unel the new issue is
 Contingent Accounts [JULY 6, 1892] of the Senate. 453

iRon. Mr. lI1AQDONALD (B.O.)-The part of to fuDse regulations, and that those provided
the Act to which I wish to call atwntlo-n is for by this ~ct) should be :p10.0ec1 OIl the same.
sUlb-section 5' of section 3, which deals ,villi footing as other rules and regulations of the
pr&-emption claims. It says that there are S[l1ll9 churacter. I find that the .Act itself
mo classes of Claims that Eettlers can hold in by the Dlst clause makes the provision which
tJb.e NOl\tJJ:·W-est. . The clU10us part of the my hOll. friend suggested.
cl'tuse is th:a.t if the settlt:l' declines to pay the The illotion was a.gre~d to, and the Bill was
pre·emption money then it is forfeited, und he retul the third time and passed.
himself can come in ull(l enter his pre·
emp'tlion cinfu.n a.'3 a. homeste..'1.d. 'The dealliUlo ORIiillNAL LAW AMENDi>IENT BILL.
. for payment in that mse, of comse, would be
SECOND READINH POSTPONED.
incons1stent~ because he is able to -take OVer
his own land free. Fil'8t of ali, the dellliJJJ.d The Ol'd-e-r of the Day being called for the
for payment is made, and if he neglects to second reading of Bill (7) 1<.An Act respecting
pay he then gets it fre~. But 1 am instructe·d the Crilninul L&w,"
. by the chlef clerk of the depoxtment that this Hon. Sir JOHN OALDWELL ABBOTT
is done to allow the people to get the title said: 'With respect to this Bill our friends in .
Bit once. T,he cIalls-d is. a V€il',V clmnsy one.
the Honse of French extraction were entitled,
Of 'C01U'88 the cQJldiiMons attached to a home- by the lu,w uncI practice of the cOlmb.'Y. to
stead are ra.!fiher severe i the-re is a great deal huye Bills subm!ttecl to this House lIrinted
to be done; a .numbe-l' of acres to be ploughed,
both in French and EugUsh before being
so some people might prefer to get the dabn
procee-ded "With, and I have proposecl- to them
a.t on.ce and be in a position to sell out It
tbat elm'lug the disCl.:lSsion in the COll11llittee
may be too late to alter the cloose now, but
it would be n'lmost lIreferuble to say that a of the 'Whole, if we should meet with any
settler hol(Uug a :pre~emption claim under this l.ll..'1.tter or clahse that' they desire to ha;ye
Act D.lay siguify his inte~:tlon to enter the lot printed in French, thn,t clause will be sus-
under a home-{>tea.cl entry. pended ancl :p'l'inte-d in French and la,tel on
the Table the follow,lug day, and, moreover,
iRon. Sir JOHN OALDWELL ABBOTT- tJL."1..-t before the Bill p~<:,ges, the French traus- .
I pnt my hon. 'fl1ellcl 1,n communication willi la;tion shall be disteibutecl. :My hon. friends
the depreL1bment with a view of having a full llre satisfied, as th~y nsnally are with any
e~anrution 'and di...""Cussion of 'this clrlUse, and reasonable lIropo~tion, fin.d, 1 understand}
.f was illIfOi1lJ.lOO thart my han. friend was make no fm·ther objection t-o· the Bill being
&'ttisfied wjj1ih the expIana.:tion given. 1 did read for·th.e second time.
not myself go into .the details of the
question which my hon. fdend - pu~ H-olL ],11.'. SCOTT-1 was lUlder the im-
but 1 can state with l'eg-a.rd to iJhe pression the Bill was not to go on to-day,
form of. the cIause that the depart- llncl :1 have not got my papers here. I should
ment lL.'tve had a great deal of experience llke to have it stand over until the next
"ri~ homestea:del'S on a.~ost eyel',V.inJllgiuaNc sitting of the Honse.
point~ and 1 can assure my!hon. friend -they- .(US-
HDl1. Sir JOHN OALDWElLL ABBOTT
lIlay u. degree of acuteness in such matters [tssooted, on conditi-on llia.t no objection
that is quite surprislng. The .. department
would be made rto going into committee im-
have taken the greatest possible pains to mediately.
frame this clause to meet every diffiCl.:Llty that
may occur. I think my han. friend will find The Order of the Daor was ilisaharged, and
the clause' will work satisfactorily._ the Bill was -allowed to stand for second
l~aillng at the a.:fternoon sitting.
HoD.. :Mr. lI1AODONALD (B.O.)-I·_
with the iiJ.sh~{ctions fi'Olll the depa,ltmellt it OONTINGENT AOOOUNTS OF THE
.mll. SENATE.
Hon. Sir JOHN OALDWElLL ABBOTT- ·MOTION.
My. hon. friend from Halifax spoke of placing l;1on. :MI. READ (Quinte) moved tl;te adop-
the rilles and regulations made under this tion of the second report of the Select Com-
Act before the House, l;L.ud, as I stated, 1 mittee -on the Contingent Accounts of' the
would enquire what ilie ruIe 1s with regard Senate.
·33
464 Oriminal Law [SENA'rE] Ame1!dment Bill.

Hon. Sir JOHN OALDWELL ABBOTT- Hon. Sir JOHN OALDWELL ABBOTT-
Yes j which took snpplies to the sealers, and I was thlnking whether it might n9t be bett-er
took from the sealers the CllJ.'goes of <;;}tiM to send rounel a few u'ollclads to vindicate OU1'
th8Jt th~y had taken. It does not appeail' thtl.tt tights; but on collsid€'mtion, I reflected tha,t
this vessel ever entered BebI'ing Sea, 01' that even it we were independent we Mve not any
tihe seals whlch were tl.'ansferred to this vessel ironcladE', to send. However, as I .stated on
were taken in Behring Sea~ The place where [Ulother occaston, we have a power behind our
the vessel was E"eized was ou1s1de of the tbl'ee- backs which Win protect us born any injustice
nille limit, and opposi:.ru the hm.1bour callen in the future, as she ha;s done in the past
E,skes, 01' some llflrille like that) two. or tlm:!e
HOll. MJ:. ALMON-'Could we not seud
hundred miles S01.1th of the· bo.lNldfLry o.f
Goldwin Smith and Erastus Wdman, out us
Bebring Sea--lfui'tt is to Stl.Y, of the string of
commissioners ?
islancls wlhiob. form the sou'tihern boundfrries of
Behring Sen... It appears, therefo.re, that she The Senate adjOllived at 1 o'clock.
wae· seized m the open sea by the Unlted
States outteT outside of the jurlsdtoti'o.n of the Second Sitting.
United. StaJtes or of any other co'l.mtaj. The
pretence which is aUeged as the gro.und of th€' The Speaker to.ok ~e Chair at 3 o'clock.
selzul'e; is pDinoipally tha..t she ta.'3.nsfen'ed her Routine proceed1ngs.
en'goes wJ.tiI:tm the twelv&mil~ .1.inJ1t 01' four-
league llmit as it 1s called mcliffe-l·eutLy. That ORIJIllNAL LAW AMENDiYIENT BILL.
limit is one of which neither I nor anyone SECOND-READING.
here 1.:ta£, any knowledge. . We know: of no
Hon. Sir JOHN OALDWELL ABBOTT'·
lnttmlEtJiJi:onal la..w which justifies the exe;rcise
moveel -the second I'eading ·of Bill· (7) tl The
of jurisdiction by any couuh'y outside of the
Oriminal Law, 1892,"
limibs of a league from its shore, and the
f.olll'-league 1im1-t is one wMoh I thlnk can not Hon, JUl'. SCOTT-I regret 'very much that
be properJy recognized as one within whicb the GoverDment in. its. wlsd.o.m. bas thought
any power has j1ll'isdiotioll. Horwever, .fiha..t is
prOpel' to press this Bill to t} second l'eac1,ing
dlU'ing this session. The Bill as oJ?e o.f ye1'y
the IJ'll.tn'Oi.paJ pxetension on wJ:U.eh the SeMml'e
is m11de. . Of OOlU'Se it Will be as~el'ted also
great impol'tance--s~co.nd celwnly to no Bill
tha.t the ve...~el .has been an accesso.ry to the
that has ever come before this Chamber. It
vil.ola1.il.Qn of the 'lnor.l1l..'J vivendi; but my infor-
113 a Bill that alters· very materlully -the
mation goes: in the direction of indaca.ting there
Olilininal Law of Canada} the law )..mder
was no "V:\:olation of the modus vivendi in which we Mve "been bro.ught up, -the law in
l'espect to. .her cargo.. The whole e.orrespond-.which our jUdges lmve- b~ll edu<Ol."tted, uno.·
ence was sent to Lord Salisbury by cable which is tUlderstoo(l by the stipencliru:y milgls-
ilUilledlateIy on reooJ.:p.t of it, and tll.e British
tril:tes und the o.ffici-:J.ls who are entrusted wit1l
Gavernment are fully aWaJ'e each day of all the admillish-atioll of JUStice, The law is under-
the infOlma;bi.on we get. It is probaNe bba 1 stoo.d by the justices ·.of peace all over. this
steps wtill. be taken to. ha,ve the vessellj.Qerated
country. They are now asked to take up a
on bonds, but tllat hn-s not yet beeu decided, code that does not exist anywhere else· out·
Ho.n. l\.fl', SCOT;r~Then. the statement o.f
side of Canada) if this law is pa.ssed. There
the seizlli'e of a fleet of sL~teell. y~ssels is 11o.t
[l,1'e, of co.tli'Se, other countries In :which codes
true '} do. prevail-in France and in many other
Hon. Sir JOHN O-'.LDWELL ABBOTT- countrIes of Euro.pe, In England in 187g
it was Droposed ti.o hn.:ve a code- in lieu of
The .infol1ll13..tio.n we haYe is the ::elzure .of one,
the I< Coquitlam." what is kuown as the lex .non !;Ql'ipta, the
Hon. :&.fl'. SCOTT-Oue telt'lgram says that COllllliOU la..w at" England, matured by ages
the other vessels were ordered out af the of experience. and in many i.nstances Ol'ys~
barbo-Ul'. talized into Acts of· Parliament j. but a large
portion of it is what i~ call1jd the unwritten
Hoo. l\Ir. iI£A.ODONALD (B.O.)-Without lo,W. In 187g a Io.ng repo.rt. was made. It
-suppll-es ? is on thfl.t repo.l~ that this Bill i~· :practically
Hon. 1Ul', PO"WER-Canada has n-o rights baseel, so. fa.r as it contains laws that were
which the United St."\.tes m'e bound to respect not previolJ.sly on our statnte--books, That
 Jfriminal Law' [JULY 6, 1892J Amendment Bill.
, .
report did not receive favour at the hauds of:
the Brltish jlllists, and in 1880 it was pro-
posed to inn'oeluce it into the Imperial Pm'-
linment, und a code was brought in there
very s\mllal,' to what we have bef.jl'e us now.
Tha;t code was referred 'to a corm::n1ttee ot
1e8.1'118(1 gentlemen on the 15th day of :Mal'eb,
1883. .1 hn.ve before me the standing com·
ml:ttee' on la.w and courts of justice of legal
procedure. It embm-ees very many ills·
tin~-shed names. They number some-
where aoout sL~ty. They .sat and rug-
cussed .this code day by day, and if
hon. gentlemen will ta-ke the trouble
to examine the proceedings of thnt
c(immittee they will find that there ,YM fI.
great diYel'gence of opinion on the various
- ques:t.J.OllS toot came beteore them. So' great
was the absence of harmony with reference
to so important a matter as this, that al-
though the committee sat from ~rcll untit
some time in the month of June-I thinl{ the
last sitting 'was on the 21st of June-it made
no fm'IDler pmgress. I mas corrected the other
day SOOlleooat in stating tihllit the code was
pigeon-holed nnd TE'mained where it was
placed :in 1883 up to this day. I find on a
mrefl.ll I3xallllin.ariiou oit' the British startuies
that there is no important Act sluce that date
1a.w, intl'O-
in any wa,y aife,coog the crlmilh,'1l
duced into the British Parliament. Some
m:inor .A..otf, Whioh we have pl'[LOtioolly co:Pied
.:into th:e sUvtU1;e$ of this country, h-fFve been
'introduced, In 1885 there was a crlminallaw
for the protection of women amI girm enacted.
In 1837 there was a Crh:i.1inal Law Procedure
Act for Ireland, and in 1891 another very
short Bill, so that really Pa,rlinment now for
the first time in our history is going to depart
in so important a subject matter as the crlm-
mal law o>f the old coun:b.'Y from the usages
of England and Great Britain and Jrela-lld-
usages which have grown up from time bn-
memorial. . -VVe hale fl. great many -Writers
on criminal law who have compiled and crys-
tn1iZ€d from time to time decisions of learned
judges, and it is upon those df'cisioDS that the
IMv hl!l.'ge1y· depends. \¥hen this 00003 is
pas.">ed a la,rg~ portion of the l~l'lling and ex-
perience of ages will be laid aside. Instead
of looking to the text books for definitions of
impol'tap.t crimes-homicide and IDul'cler-to
the -writings of leal."Iled judges who have laid
down certaJn well deilned principles ga.ti1el'ed
atter much labo-ll"from the decisions of cen-
tunes, we shall have to take up oU!'· code an:d
465
ascerta.in what is the interpret..'ltion of 'the Ian-
guage used in the statutes we are now about
to consider. I say it is exceedingly unfol'tun-
ate for the reason that there has never h(-en
any compla-int knO,Yll, nor "have we had a
BingIB opinion expressed by any learned Judgo
that the htw ot Canada., copied as it hl from
-W'l8 law of England, is in any sense defective.
\Va have kept up well with the times. "Ve
ba,e been abreast "¢th the most intellectual
lJatiollS in regal'd to crIminal law. At all
events, whrutevea.' lu.w _Eug1a.nd has adopteel
'with reference to m1mes ancl -offences appli-
to
Cr.'1.ble Canada. hue1 bef'.l1 adoptf'-cl into our
shttntes. Th.:'lt hl,W is well understood. It is
a simple yolume well classified, nnrI Dmgis-
trntes of fue country know' well where -to
turn for the descl'iption of !lny pnrticultu' of-
fence. They wlU now have.to unle:nn that
and take as their mile mec'l1m the code we a,re
about to pass on the present occasion. I say
it-is a gl'e..'1..t mJsfortune, becaufe I think it is
il. great mistake, lm1ess there is a defee-t in
the system, to endeavonr to change it~
If ther:Ol is any defect in the mode of express-
rug offences under the Ehltl.1te, it oun be
}!cftinted out and we can amend it, but nobody
mu say tha.t QlU' laJw is iill any sense defective.
What is the objoot of olulJlglllg it 1 It may
possibly be tllat since I OOlllmenced. to stncly
hw Rncl ha.ve ha,bituaJted my mind to Plll'ticu-
lai).' forms and referenCt!s, that I am averse to
a.ny iDnova'tion of this kind. I confess tha.t it
is a, Eih'ong motive, and it is a motive that
other gep;tiamen will fe~lltib.emselves inflnenced
by, _and tha,t the judges of WI;'. land will feel
tllemselves influenced by ill making tllls
ch'ange. When the codification of the law of
cui:oJin-ail J)ro~e(hn'B '\Vas tnta:oduced there, we
were no doubt moVing in the right du:ection,
.Iollowmg a cba.nge made in Eugland, and the
procedm'e was all simplified, but the course
pm~ed on thwt occasion i~. not applicable to
the present case, inasmuch as (nil' ·cl'fu.uinaJ
{lode, I mam-roJin, is as siillple as it is possIble
for lang;uage to make it. You aTe now defin-
tug offences ood crimes -that before depended
for _their intel1..JJ.'otation on the writings of
lea!l.'J1ed jlU'liste amd tihe de-Cisiolls of the com'ts
given from time to tune dm'ing the last five
or six !b.undl'ed yeail.'s. I was reproached by
-the hon. gentleman from Richmood bocause 1
di<l. not give my atten1iio!ll to' fuis speciail. com-
J1J..iiltee. tll3Jt g."ut -consideJ.mg this measure.
Well, I did not feel that I CO'lud givo any
very valuable a~istance on tha.t coD1D1irttee,
466 Criminal Law [SENATE] 4mendment Bill.

for the reason 1Jhrut I was Uiverse to' the intro- sec. 4, of whi.cI1 ti13Jt :lB supposed to be a
duction of the code. I did llot think it was copy, reads as follows:
d.e&lrable to introduce it into canada, bc!oouse ff Any justice of ,the peace, oo:p.struble, pea.ce
I look upon our crirminn.-l system as being officer 01' 'Oilier person acting under the waF-
[I'l.mt of any justice of the p~, or any permn
about us perfect as we can make it. I acting witib. 01' in aid of any justice of the
thought, moreover, 'if it- was to be llflll:oduced, peace, or of any construble 01' peace officer,
there WtlS but que -w:ay to do U) that 1s to havin:g such wal'l.'ant as 3!fO;L'ePaid, ma.y arrest
codify it as it stood a.nd then ~ert the and detam any person foullo:cari.:ying any such
ohauges in italics :bo- sruow what tiley' were. an:ms, ill such manuel' and a.t such time' as, in
thB jut1."oment of such justice of the pe--ace,
But I defy anybody to take up this Bill us it affords just groWlds of l:iUSDioioJ!U that the
is before us Mel tell me what the origlnall&w srune al'e for pUl'pose~1 da,ngerous to me l1ubllc
was, and whart the pl'oposecl changes a:re. It peace; and the justice of the :pea~ who
is quite true there are rete-renees u,t the end person arrests any such person, or before whom any
arrested U110n such Wal1J..'aut 1s brought
of each section, but on exaD1iD.ation ci-f those may coJ.l1UJit such person for trial for a mis-
references I :find they are D1~leading and demeanour, and such person shill be liable to
if I were' to Ulldel'take to analyse this Bill I be tl'ct-ed fDr a ~demeanoul' for cal'l'ylli:g such
could not safely do it under two months. 1 a'1'lILS and, on cOllvi:c1.iion, shall be punished
by fine 01' imprisonment, 01' both,. in the dis-
thlnk if I 'Wocked stea{lj]y rut it day by dn.y, Ol'etli.on of .-tille court j but any such pt!l'SUn
,,'liltill. an assIrstan!t at my elbow to l'e.:1.d and JIW.,y, befo:l.'e conviotion, give good and suftlci-ent
<compaa'e Uhe statutes from which -this is taken, bail for his appea.rance art the next COUl'!'; ot
-wlifu referen.ee to the obauges in the code competent jUl'!isdlotiOll, to answer to uny jn4
cliLotm.ent which is prefened ngatnst bim.·
which are pre.sUmleO. to be bused on the de-
cisions of the COU:l,~tsl I could not do it in that It will be observecl that in the cla:t1Se which
time. Certa5.:nly lea,c1illng j"tmis-ts, men who professes to be a copy from this Act it is a
compile the criminal lu;w I;Uld who wl'i.te specific puniShment of :fiye years' imprison-
books, 03!11llOct do so in a husty maamer, and ment and nD fine mentioned. They are both
for us to tnke up 1ib.lE, Bill at this Table and in the discretion ·of the court. I do not
go tIu'ougb. it cIa.use by clause in the time at think it is quite fau' that Parliament should
our dJsposaI this session I\yould be, to· say the be told that we are safe in reading section
least of it, a pal'liament...'1J.'Y farce. No other 102 as being correctly taken from the statute.
language can attach to it~ for the reason that I do not rthink it is fair to treat the Hoilse in
no man here can tell what the original la.w tha.t way, I am quite sure that when the
wasl or in wh&t d!a.'eot!.on the lfuw has beeu House of- CDDllllOllS passed this Bill it was
Ob..angeCi, R'Om il'e-a.wng ilie clauses of this Bill. thought wherevep ,there was a reference lIkwe
'No man is Sufficiently -versed. in the criminAl to the revised statutes of Canada and the
law to base, in a moment, nn opinion as to Cl1ID--inal law that it was correctly quoted.
whether the la.w is changed, and if So how it N-Ow 135a i$ not a: correct reference, and I
is chungec1. But there is a· great objection to cIa not lmow where it is taken from. I have
the method in which this code has been 1Ji:-e- looked at the reference, but it has no bearing
pa,red, and it 1s that in giving references they on the section. SeciIion 136 is taken from
are to a cel'tatu de.:,"1'ee misleading. V\The:re the code. V\re ha;ve a simiiar cluuse pro~
l'eference is given to a Canadian sttl.,tut~· one is viding for 11llprov.ided cases-that ·is, where
perfeotly justified in as...~g that. no change there is all offence committed against the
iH contemplated in tI::!-e la.w. Now, there al'~ Act for which there is no' special penalty
mateulal changes made in the clauses that are provided. Thrut is found in section 951, and
.su]}DOSec1 to be e~tu:acted from the 0l'.i:1Ilin.n~ that conflicts erutiJ;ely with tile other. It
latw of Canada.. I cannot better ~):xplab 'reads :
myself tha-n by refeJ.1J..fug to certain clauses of "Every person convicted of any i1;tdict:.1.blr
the Bill. I will take- section 102, which reads offence, for which no punishment-is silecially
&' follows :- proyj.ded, shall be liable to imprisDllll1ent tor
seyen years.'" .
fl Everyone is -gurllty of an indictable offence
and linNe to five yem:s' :Jmprlson..ment who has In the reference the term of imprisonment is
in his C'ustoc1y 01' possession 01' cul'1.lies any five years, It is not the propel' thing in
offensive weapollS for any plll'poses dangerous an important cocle like this <that there should
to the public peace." be that c1iscre:pallcy, One is copied from the
Tlhe Revlsed Stwtutes of Cana.da" chap, 149, code and the otlher from the canadian statute.
 Ckiminal Law [JULY 6, 1892J Amendment Bill. 467

Now, t.'lke section 142, and .it rends in this amendments made to the Bill ill committee
wa·y: 01' not; but I was lmder the impression that
he WitS quoting from the Bill as we haye it
"EYel'Y' one is guilty of an offence, aud
liwble on indictment to two yerut'S' imprison- 1l0"~ before us, at'tel' ba,ving been rend the
ment, mid Oll SU1lllll3.l'y cOllvict.ion before two third ,time as amended ill the CODJIDons.
justices of the peace to six months" imp:t'.lsou·
mell't ,,1th ha.rd labout', und to a fine of four Hon. Mr. SCOTT-,Vhat I am advised is
InUldl'ed dolkl.l's, who resists or W:lfully this : the officers of :the House of Commons
obstructs~ .
;' (n) .Any publio 01' peace officer in the would not undertake to prepare the Bill for
execution of his duty, or any perSOll acting this Chamber. It was undertaken in the
ill ilid. of any such officer. Justice Deparhnent. They made thil'teen
" (b) Any person in the lawful execution of copi·~ fl'om the draft tJ.1at paSsed tbrollooh
finy process against any lauds 01' goods, 01' in the Special Joint COlllIDittee of the Sena.te
lllilldng any lawful dish'ess ot seizure. R.S.O.,
{\ 162, s. 34, enl:ll..g~d." and House of C0lllll10llS. That ill.'ait WilS
w~'itten bY' the Clerk of the House, anel he
HOll. .lila.'. MILLER - Is my ~ hon. friend aUo"'ecl copies to be Jllitde by the Depart-
quoting fJ:OIp. the Bill as l'elJlllllrted from the ment of J1.u;tice, all(l this is one of the Ol~igJna1
House of CoDllllOllS? copies of the draft tha t passed both Houses.
,HOll. JUl'. ,SOOTT - This is the olig'in...'ll 1
HOll. lir. MrLLER-=.r "ill furthel' explain,
dm.it as amended in the Honse of UODllUuilS.
if m~~ hon. friend will allow me. The Bill
HOll. l\il.'. JVJLLER-,\,,"s baTe in .our llnUQt:; thrut he holds in his lh'lnds-I do nQ·t know
the Bill as amended. what amendments 01' corrections are in it-la
the Bill as submitted to the House of '\
Hon. Mr. SCOT'I'-I asked particularly to Commons and' cUsh'lbuted amongst the
I
hn.T"e n. copy of the original draft ri:JJ.a"t :va-::.-sed members in both Houses. Of course,
I
the committee of the Rouse of Commons amI
l)tL...."'Se.cl the Rouse of CoDJIDons with the
it comeS .to us -very often a. -very dif· i
ierent Bill after passillg. the tl:drd reading in .j,
fim€ollfu:uents noted I.u it This Rouse con-
siclel'ecl 111 Hs wisdom that it was not proper
the House of Commons fro111 the Bill it was :i
when first illtroclnced, and we never think of if
to ask for it- I row it myself, us any member t.aking up a Bm as it was inh'ocluced in the 1;
CiUl see, in the office of the clerk ill the other House of Commons to discuss it. We take a I
House; but I was told, however, Ii ,Ve will Bill as it is sent to us from the Commons.
giT"e you a copy of it," and this copy was 'l'be Bill now l.111der consideration of the
carefully made bY the Department of Justi9€, House is a copy of th~ Bill c8rtl.fied under the
in lieu Ofl the original, and it professes to be hand of the Clerk of the House of Commons,
'au exact transcript. They made a llumber the highest certificate we could llosslbly haye
of coDies, one for the Premier and some for of its' correctness and authenticity.
otuer gentlemen. ' '
Hon. 1\fr. SCOTT-You had better ask the
Hon: Mr. illLLER-All I wanted to Imo~ clerk of the House of ColllDlons if he is Ie-
t~ from- whwt Bill the hon. gentleman ,,~as
sponsible for it ?
quoting? I was 11llder the impressIon thftt
he' was quoting from the Bill as ict came to Hon. Mr. SiliITH-Why not take We Ell! as
us from the House of COIllJllons ~ but I fina it is before the House and discuss it.
fun t he is not
Hon. Itf]'. SCOTT-One ca.,unot do so. I
ROll. Mi', SCOTT-I am taking this as the ll10ved for 'the Original ill'aft I was told I
corrected cOlly as it l)assec1 the Rouse of could get a copy of the original draft with ~U
COllllllOUS. the amendments on it, but it had to be made
by the Departme:o.t of Justice, and they made
HOll. l..Ir. JliJLLER-The forlll there with- half_ a dozen copies, and this professes to be
out the corrections 1s the form in whlch the one copy of the draft that' was made fol' the
Bill was subm.itted to -the House of C01ll1ll011S, plinter.
and in which 1t came from that House to the
Joint S~lect Collllllittee of both Houses. I Ron. :Mr. 1\fiLLER-It is not what we have
,do not know whether my hon. friend has the then 1
468 Oriminal Law [SENATE] Amendment Bill.

Han. 1lil'. ALLAl""\f-Am ,I to understand as the Stl.lIlle authorlty a.s hOll. gentlemen
that the hon. gentleman means that this copy rely on for theh' copies. It is not the official
which I hold in my hand here is not a true copy of the House of Commons,' but a copy
copy of the Bill as it passecl the House of ta.keu from the 'original through' the DeDID1;·
Commons 'I ment of J\wti-ce, and therefore I say we n.l'~
not getting rI:his through officIal ohu1ll1elt', 01'
Ron. Jlil'. SCOTT~Thls is the copy that was with'that great care Which .should chal'aotel."
drafted by the Department of Justice and pro- lze an important Bill of this kind. The re-
fesses to be correct. I have no doubt it is as
correct. as it can be maD-e in the short time sponsibility- does not rest with m~. I appeal
to the Government on fail' grounds that in my
they were at it. I do not mean to say that jU~OU1ent, in the condition in whlch this draft
anybody is gullty of ..'l·lly impropriety in con-
nection with it at all; The amendments of Bill left thooo two committees, it ought ,to be
submitted to three expel'ts, and tJ:w.t they
the HOl,lSe of Commons are on one side,
Ot~t to go through it cna.'efully !met rcm.Qve
Han. ThIr. LOUGHEED - Will my hon. any inaCOtl.i"<.loie~ Udl inconsistencies tihat ure
friend read the amendment that I see on the in it. I do not care how much CQ.·re and vigl~
page he is quoting from '( lance were exercised in khe committee and
House of Commons, or how ruuc1i lu,bom: they
Han. 111'. SCOTT-If hon, gentlemen v'l'ill bestowecl on it, [n 1ihe hura.';f-sCUl1.'Y in which it
read the whole of section 142 and the amend- went through the House it must contain lnac-
·ments to :tt, it -will be seeu tlhat the cIilJtlse as cUJ.-acles.
printed in the Bill is not· the same as the
clause from which it is taken-l Then clause tJ:fon. it.for. l\.£iIIiLEE-There· "":as no htu'l'Y~
277 reads ;- SClmry in passing it t~rough the. joint comm1t-
"Everyone is gl.illty of an indictable of· tee.
fence and liable to seven· years' imprison- .
ments who Drocm'es a f~ig.necl 01' pretencle{l tHon.:MX. SCOTT-It is one of those ~o-g
illc.'l..n'iage between himself ancl any woman, wihd.ch CI1!IliIlot be dealt with at the Tnble of
and everyone who knowingly aids all(l as- Parlialment. 1t,mu.<;ffi . be dea~t 'With by u. few
sists in procming such feigned or pretenclecl people woo can refer to the orlgi.1h'1.1 sections
Jll.,.'l1'l1age."
and compa:re them, and see whether they are
That is the clause as amended. That pro- COl1l.'ectly quoted 01' not..
fesseE, to be tc'1.ke-n from the Revisecl St.atutes
of Canada, cap. 161, section 2. In. the origin- IRon. :&<L1', MA.ODONALD (B.O,)-Gannot thfl
a1 the ptmishment is two years' imprisonment.. Aot be aanemUed h-e,reactTter 1
In the amended Bill the punishment is sm"en Hon. 1\11.'. SCOTT-No cloubt it can, bnt
years' imprisonment) but it goes on:- what pride or gl.u:ti...ficn,ti<Jll would it be for
"No person shall be convict8(l of any of- anybody 'to have to COill"tl to ·Parliament next
fence uuder this sectiou upon the evidence of Se...<:si.Oll "With a Bill to amend i~.. It is not
one "Witness, lmJ.ess such witness is corl.'obor-
ated in some materinl particular by evidence going mrto opel'aition fo-a.' a yeao..' from next
implicating the accused j July, and my opinion if. that after the Bill
H lin. every C<.9.se arJ.sing under this section, has been l'end the second time it shou1cl not
the clefell(lant shall be a competeut ·witness tl1n h 'tt W
ill his own behalf, upon any charge or com~ go ' 'aug, COlllllli 00. e could then pass
plaint a;",o-ainst him j an Act ,b1ll:ough Par1i:'l1nent to provide that
"No prosecution under tills section shall be this Bill shflll be taken up next session a.t the
commenced after the expiration of one year exact stage in whieh we leave it this session,
:~dJ.te time when the .offence wa.s com~ and then it can be brought into .opel"a. tlou in
July nen) as now· intended. Any chiUlges
-nl"J:l.aJt I say 1s, where there Is a marked varla· that Rre made s:houId be prlnted iIi italios in .
tion of that kind our attention ought to: be the BlJlailld .then we should be able to CO:II1J)al'e
called to it~ We ought not to be asked to it mill the original' and pass it through in a
go through this Bill under the assumption pEn'feot mlJ...lln~r. The persons who diel the
that it 1s a. perfectly correct copy. In clerical work on thl.s Bill are, of COUTSe, liable
section 285 there is a new ·interpl"€- rto make mistakes, We are laydng clo.wn in
Ibartl.on of· the.' wordS H defal1llu,tol'Y libel." this Bill great principles that had to be com-
It propos~s to quote from the Revised Statutes, piled from a grerut vaa.iety of books, and it is
and I rely. on the COl1I'ectness of this copy not the duty of the Commi·t1;eB of the Whole

Criminal Law [JULY 6, 1892] Amendment Bill.
House, when we have uhitS Bill betoore. us, to
e:mmtue the: original souro,*" from w'hlch these
quotations ·were taken to .find whether the de-
ducticms dra.wn, and fue de:fu.rltiolls of the var-
ious offen~s pl'Qvided for in the Bili, are cor-
rect. Every body must admit that it Is Utb11'Iy
hopeless to do that. I think I have poilit.ert
Ol~t enough to satisfy the Housa fuat the Bill
is not in such a Ehalle as it ought to- be' when
submitted 'to us. The quotaitiollS are not cor-
rect and a;re ]JJjsle.:'l.ding. This was n()<t p'Ohlt-
ed out 111 the House of C0ll1ll10ilS. Every Dolly
hl the House of Commons assUllle(l-tiln,t wher.e-
ever the Canadian statutes were quoted from
they were quoted correctly. I was employed
to-{1.ay for a fune in checking it., but I wa~. U'ot
'able to .do much because it is a most al'{hlO'ns
task to compm:e such "Work. FOol' these' reasons
I hope· tb,e GovBrument will adopt the sugg-es-
tiou" I make ;. if they do not, then, so far as 1
am coooerned, I shall feel mySelf relieved fr:OID
any respollSihility in the matter, for I coru:ider
it 1s utterly hopeless to do the Bill justice in
passing it tIlITough this Chamber. ;w. introduc-
ing this Bill it was intended originally to take
np the question of the abolition o! the gra;ucl
jm"y, and decide whetiher some other channel
should not be selected· by which indi.ctment3
should be submiuwd to the cowt That
clL.·ulge i;u the ol'iIDlnal procoom!l:e has been
largely discnssett, and reaUy that is the only
branch of it that hus be~l1 discussed; but in
framing tbfs oode, when iihey crume t.O' consider
it) theY, made up their minds to drop that
question entirely. ~ht) IDnister of .Justice
macle reference to it in introducing the Bill
but there seemed to be such a, conflict of
opinion· that the l\ll.nister of Justice could not
decide whether the grand jlU'Y system should
be continued oi' whether some such system as
thrlJt preva.i1ip.g in Sootland should not be
adopted. That is the only important change
that JIa.s been discussed in Oanada for many
years in ref81.'euce to om' cl"1m.tuaJ. code, and
that is not touched at aU in th1s Bill.
Hon·. :&£1'. VIDAL-I do not propose to enter
at any length upon a discussion of the Bill,
either its merits 01' demerits. In my judgment
what has been said in favom' of the pro~
pOBed Bill is ·well deserved. I think it is very
clesirable that we should have such a code,
and that'·it should be brought into· operation
at· the earliest .moment.. I give all credit to
the special committee which has considered
this BllI, and made very important and neces~
. 34' '.
\
II
469 I
I
sary amenclmellts to it, so I trust the view I
take about what our C01U'Se should be \vitli
I
respect to it will. not be mtsunderstood,~that 'I
no person will think that I in any way op·
'{
pose the Bill, or wish to tbl'OW any obshllC'
lion in the way of its adoption. The ques·
tion no\v before the House, h{)"Wever, is this :
"'J
.Il
with reference to the· passage of the Bill, is it 1
necessary that it should be passed this ses- "
sion, 01' is it wise and expedient. It ap:peRl'S .1
to me that the very fact that it is not con-
t.emplated t.o bring the Bill into operation 1m·
til the 1st July, 1893-that it contains a clause
to that effect-is a sufficient answer to nny
one who argues that it Is necessary to hm'ry
it through the Rouse this session. As to the
wisdom or expediency of going on with it I
fully agree with the remarks which have been
made by various senators with respect to the
great importance of the Bill, and the neces-
sity of its receiving in this House very care-
ful consideration, with the necessity of 0111'
giving t{) its consideration whatever time it
may l-equire, and I am perfectly willing to
sit here fl. week 01' a fortnight or a month, if
llecessa.ry, in order to deal. with it as we deal
,vith other Bills that come before this House,
to most caretolly and minutely examine its
provisions in cletnll, and discover and remedy
auy defects which may have crept into it by
inadvertent mistakes, 01' in nny other way.
This House ha~ hith~rt.o very conscientiously
performed that duty, and whatever the public
may &'ty occasionally 1n dispara.gement of the
Senate they give us· the credit of examining
carefully the Bills that come befqre us. They
Imow that Pl om' cOlll.U.1ittees, if not in pro~
longed debates in the chamber, we do ex-
amine very carefully and minutely every Bill
that comes before us. I am very desirous of
muint.··tining om' claim to the public's confi~
clence in this matter. I do not think it would
be "Wise 01' desirable to take up this ·Bill and
go through its 1,006 chl1lses and schedules
clause by clause, because I believe the feeling
would be in 01U' minds-perhaps unCOll13Cious-
ly~that we were doing it" under pl'esslU'e, and
lnfiuenced by a desire to hlury . it thJ.'o11gh
rather than take the ttrue which an important
measure like this requires from us. To pre.
serve the character and standing .01' this
Rouse, and maintain· the respect and conti.
dence· of the people, we should take aU the
time that is necessru.'y to go very carefully
throngh the Bill. I would not hlUi.Y t111.'ough
three hundred sections a day merely because
470 Criminal Law [SEN ATE] Amendment Bill..

those sections had beeu approved by the joint Quebec, word for word, Now, why is that
committee, I am not a lawyer, and I would left out of the Bill? The Joint Committee
be disposed to have taken the Bill almost as did not r.ecommend its being left 'out. TIley
it stands, having full confidence in the skill did not propose such all amendment. "Where
and judgment of the special. c;.ommitt.ee to c1icl the suggestion COUle from-at whose re~
which it was enu1..lSted, composed as it was Que-st Wl.l.S the Hruitf1tioll c1t1use dropped ?
of ero.iJJ.ent legal gentlemen· in both Houses,
Han, nil', MILLER-The House of Commons.
but there n.J.'e things in it which do not re~
quire a legal training 01' extensive knowledge, iRon, ~fJ..'. :WD..AI.r-Ho.w clrid ~he proposal
of law in order to form a judgment upon. I to drop it get :into the House of Commons?
hold that on all moral questions I am just as ,Ve Mye n. right to look at the procedure
competent to judge as a gentleman who may wbich was taken with reference to tltis, antI
hold a high degree from a university as a Looking nt the Hanicwd ·of the House of
doctor of law. It so happens that my atten· Commons you will find that the amendment
tion has been particularly called to one sec- was mu,c1e and the words were struck out
tion of the Bill; I have not yet examined any wlthout a. si;D.gle renson being given why thl}
other section cu.refully, but this one I have, u.lterfLtton should be· made.
and what do I ·find? I:find in ·this one sec-
tlon sufficient to justify me in taking very Hon. Mr. SOOTT-That could be tested by
much the view taken by the hon. member the original c1raft j it could be seen .whethel-
from Ottawa, with refere~ce to the necessity it is signecl or not.
of proceecl1I1g cul'eifully oval' that Bill, and ihav-
ing sufficient ·time to examine it as minutely, Han. nil.'. VIDA.L---It is .in th~ Oli.g1nal clmfi:
as· we would if it were introduced to us -.early $ubmittecl to llS this -sesstoJl and in the BiU
In the session when we have very litt!.e to do of last session, so widely disu·ibufe.cl,
uucl wOllld not feel hi.uTled. I may merition
Hon, :Ur. ThllLLER~It was amended iu the
one 01" two of these things which l1.'l.:ve
attracted my attention in section 205. The House of Commons.
han. member from. Ottawa has mentioned Ron. :Mr. -VID.A.L-~ ,admit ilie fact; I am
that sections ref.erred to ill the revised stntutes stating the fact. ! -am only calling attention
of CanRc1a as nuthorlty do not contain the to the nlteriLtloll which has been made, amI
provisions now IDse11ted. I find it just as to which no attenti:on is called in me "Em
he has said with reference to this seetion, now submitted to us, I tb1nk the hon.
from which the section's in the revised SQl.tlltes member from Ottawa. is Quitel:;ght in. c1ailll~
of Canada, to which it r¢ers,. vary very iug thl1t in some W.J..Y 01' other. the· attention
mu,terlally--1hey vary in three esse:q.tlal points should be called in this House to any alter~
from the clill1Ses in section 205. The pupish- atlon of impol'ta.nC€ mo..de from the· original
ment with which it CODJIDences is Quite differ- Act which this Bill professes. to consolld~te
ent from I.l..nything you find in the revisec1 and ·form into a code. Further clo"\Yll what
statutes, changing the penalty from $26 to do we fin.cl? We ":find a clause Which, in
$2,000. Then flU'ther c10""11) in reference- to lDJ judgment, is atrooious-a clause which
n. very important ma,tter, the dealing "With it nma,zes me to find 1ms. been accepted 11Y
lotteries, there are grerut." dl.fl:erences, and the House of Commons-sub·section (d) ot
thel'e me certain remarkable circu;mstances this same section 2Q-5-a sub-section which,
cOl1lleoted -with these differences to which] . di.J:ect1y it became known outside· of the willlB
intend to Ot1ll the ClJttention of the Hou<;e .. of Parliwmen1, has awakened indignu,tion aml
Sub-seG{ion (b) of sub~seotton 6 refers ·to ulal'l11 throughout the whole length aua
1'11:fiies ..,yUh pl~zes .of small value. The re~ brel.l..dth of the country. It is fi, 0111"tl$e pr(}-
YJsee1 st[1;tutes to ;whicll this refers, and the fessing to be drawn fi'om the J.,'evisecl statutes:,
coele of Quebec has similar tel'lllS, Droyide a chap. 159, which stu.tnte conta.illS ·notbing at
desirable limitJ:Ltion as to the value of articles !1Il about it It is a pro:visio~ by whioh the
which litlY be -thus mffied for, The limU- lotteries lllay be legalized by.pro"Vlllcial au-
n.tion as fOlmd in the statute is that it shull thority, thus enabling' a. Proyincial Legis!a.·
not exceed $50, I find the same langua.~le tlU"e to ovelTide Rl.ld render void the Do-
in the I'enseel statutes· of the PrOVince of minion statutes,
 Criminal Law [JULY 6, 1892J Amendment Bill. 471

HOll. Afr. MILLER~It is a House of at the opanlng of next session. The House of
: CollllllOllS amendment. Commons will not have the p;.ltience to wait
for us if we spend two or three weeks he-re,
HOll. Mi'. QLEMOW~Can we not amend
They may a.djOlU·n and go away home, and if
that here? we should get through wlith the mea$lu'e be-.
Hon. :firr~ SCOTT-Om' a:tten.tiou hapIl911ed fore the adjoul'nment is over we 5001uc1 11--"l,.ve
to be Called -to fl;l.at.1Ja.l'ticular one. to sit until they come back. Oonsequently I
hope the J}t'oposition wbioo hM been €llbln1ttt:.ad
Hall. l\Ir. ~rrDAL---I mention these'lllno\'U- the House will be a-ccepted, alle1 that the
tiOllS beClluse I think it is' expedient we should Bill will be left in just the position it occupies
hD.:re time to filld out and correct all those now a:foter the second readang,' to be takoll up
e'1'l'or~, whldh we ('aJDll'(}t 'with any propriety at i1he beg:lam.1Lrtg of nen session.
(10, when .we. feel" the session is neal' un end.
'Vhat is to be lost by postponing this Bill '} Hon. Mr. KAULBAOH - ~fy ho"" friend
It would not hinder its coming into operation llom Ottwwi!has reaUy in a·fe-w ",yords mown
thtl S3.il:ne day whlch.' it llOW proposes. There us the iillmense amu:unt of work we al'e goiug
coulet be no loss or inconvenience. to any body to undertake in going tJb.rough tillls Bill. ~t3
by- postponiug it, and it requires time for the has E"hown us already, although we oonsi'der
ca.reful examination which should be. givCll thero are only some two or three h-1.mclJ:ed
to a statute of 'snch tl'allSCel1dtiJ.g importance clauses of ll~W law, that every clause of this
as €stablishillg the criminal code of the: Bill must be taken up and we mUSt ascetiQ'liu
COlillh'y. On these grO"ll.hds I think it wquld whether it is olel or new. It is evic1erit that
be a 'Wiser thing for us not to take any ful'ther a lfl.'rge amount of this, fiS my hO-ll. fl"le-nd has
time "wi.th this Bill ~ no,y, on account of being S~lO'wn here, is new law. It is' Ytll'ying the
so neaiI.' the close of tihe EesSion, though I am law which we are snppored to' possess now,
quite willing to. give nll tIle time that the and we 'woi:Ild ha.vt! supposed, but for this dis-
Honse may \ihlnk neqessa1'y ·to bestow to it, covery. that the ,bulk of rtihe Bill was siinply
but in my Opini01l it would be beiJter to def"" systell1u;tizing the present Inw amI relieving it
it until we could give -it :th:1!t more camful oon- of te.chuic:ufities and obstruotli-ons, but instead
si-derwtiop. which a measm:e of so much im- of that, it has been shown already, by oi.tang
POI1Q'UI1Ce clemands. ' two or thr.ee cases, that a lal'ge portion of the
me-asure is actuully new la.w which requires to
HOll. 1\11'. WilK-I fully a.g1'ee with the ve most oamfnJly cODsi.deroo. My hOll, fi1iend
hOll. member' from Sru."d1iu amI the proposition coutends t.hat we should go on, no mruttel' I
of the lhon. mOOlber trom Qtrba..wa. We ha.ye wha,t time it muy take to pass this Bill. I .1
not time. to oonslde;t· this Bill carefully. It is am as ready as any on~ to do my shut'a of the
,ery easy f.o1' gentlemen living in the city work. From the da.y that I entered the Local
here to give time to it, but WI;} must remember Leg(isla:ttu'e of Nov-a. Scotia un-til now I have
if we fire going to spe.ne1 two or three w~ek~·. never· fa.iled to give full attention to publio
oyer this' Bill the Houlse of Commons ,yill he maitrters, and do what I could to perfect the
through their business, ancl al'e we. going to legislation of the counhy, but I ll1.ist
keep thclill &'itting Lilla for us to get through to say that now, at .the end. of the
adjolU'n? 'If the Bill is dropped now it can se..."'Sion, when a-Imost everybody lms
be clone with the 1uidE'-xstaIllCUng that lot is to paoked up his tru:1J,k and is prepaTed
be taken up next se8Si{)u. If there all'e no to stat't for home, to attempt to go through
precedents for it we' 0JJl makd a pre_cedent.. this in1mellSe me-RSUl'e and see that i,t is pro-
Those of us wh{) ai'e hel'e will ha.Ye ]\YO 01' perly arranged and free from teohnicalities,
tln.'ee w~eks at the peginntng of next session obscurities and imperfections, iE. a task which
in the Senate, wheu there i'S sca.rcely anytbing I feel we cannot acco-mplish :ill the time given
to do, and we can spend that time more proflt;. to U.<;, neither are we in a fit condition to do so,
a.bly than in any other way by go-ing oyer this A::fiter we go back to our homes we can look
Bill and besto\\wAg that cm:e Oill it which it is over this law, compM'ing lLt wurth the existing
elident it reQub.'es before going 011 the Statu.te· strutrltes, and we w01.ud tben be prepared to
bOOk, I hope the House- wUl 3:1'1'iYe rut the give proPel' attention to the imlll'Ovement of
deol--ion tllat :when tbis Bill Is read the seooud t·his Bill. We must eudeavom' to make it as
time it willibe le;et in furut ~tat~, to be taken l.1J.l perfect as possible. I do not agree -with the
34it) .
472 Criminal Law [SENATE] Amendment Bill.

hon.. member from Ott.'liWit. th',ut we do not to -perfecting this Bill, and next session we
l'equir.e a code. I belieye that the public look can -pitSS it in such a sh(Lpe that it -will be. a
for tt. I belleve the judges look for ·it-uot the credit to ourselves, and. om' work'wiU be ap·
}fuwyers, beoousl3 laJWYt:l'S like confilobs unc1 preciated by tile Ccnmtry.
like to ulll-a,vel things. That is their business.
HOll. 1.£1', READ (Quiute)-I think the COUll·
There is !hardly a case so hard trot a lawyer
oaUll<o,t be found to take it up, but the magis- try expects tlL.'lt this House will gtre full COll·
tl-utes throughout the CO'1.Ultl"Y req'uirs a mea.· sidel'l1tioll to this measure. The question that
StU,€) of t!bis J.drn.d. W ~ should ha.V6, n.E· part m1ses in my mind is whether the House is ill
of this Act, the law of witnesses aud evidence, fl. condition to do so. If the Ho-use is not in
which is ge11D1a.ne to the Bill. I think it has such a position, will they give the measure
passed throngh the committee and been re· the consideration it merits 'l m looking over
ported to the Housl3. It Should be a part of 800 'clfLUses of the Bill X ha-ve f01.U1d 24& 'new
this measure as it treats of a rnillUl' llh'ttiel'. clauses; I did not go through the whole of
the Bill. i\Iany of these clauses define new '
HOll. l\:D:. l\fiLLER--It 1s before the House offences and new -penalties, Call we conside-r
of Commons now. all these llew matters -prOIJerly in a hlU'riecl
mRllller, as it is quite evident from the feel·
Ron. jlli', KADLBACH-From what I 00ll ing of the House we would be likely to do ?
learn, it is not going to p~-ss thiB session. That Are we in th.'Lt mooe} to quietly sit clown and
is a reason why it ShOl;Ilcl be u{ldecl to this consider what shmuel pe the 1a,,; of thisf ccnm.
Bill, and the two made one, If w,e let' thiS try' hereafter as regards climmals. I find
Bill lie over, let it take its second reading tb.<'l..t this Bill was introduced in tp-e House of
now and mnke pro-vision to take it up .next Commons on the 1st· of 'March j it lay until
session where we drop it now; no objectioll the 12th of April before it got: the seconcl
CUll be taken to that COUl'Se. I beliey,e every reading. Then, on the 27th of: April it was
member of tbis Honse who takes a;n interest referred to a committee, and· it required 'ten
in the subject, whether he is, a layman 01.' a sittings in -the House to puss it through. I
professional manl will bring to this meaSUl'e think. that we should give it just as much
ne~-t year mattu:e iliought and Wisdom which consideration a-s the House of Commons did,
can be incorporated in it and e~sentioJly bene· but having that in -view, is the House in a.
fit the Bill. If I could see any immediate ne- temper to give it -proDer consieleratioU?
cessity for this Bill, if there was any public This branch of Pal'liament hilS not had [\,
ne~ of it, I c01.11d 1.mdel'Stand om' remaining fl.l,ll' oPPol'ttmity to c-onsider the measure, amI
here to pass it, but it is intended to be I, for one, feel that it w01.11d be better· in the
simply a coc1ification of ilie law, remedying public interest thl1t it shoulcl be deh"1.yed
the weaknesses in the existing st.'1..tutes. Be· until another· session.
ing simply that and nothing more, nothing
can be lost by postponing the passing of the Hall. nIl'. ALLAl'f-In,t-fu\ debate that took
Bill until next session. I do not considei' that place when t~s Bill was Dl"St introdllced in
this session has been a barren and' unprofit- the House reference was made to what oc-
able one. We ha.ve been looking after the o1.U'recl in 18GS and· th~ coUl:se which -the
legislation iliat has come before us. I do not Selli1te then took -with l'e'ference to the
tbink the publio can say- that it hus been an Ol'imin~l Law Bill, 1nh·odl.1ceq. at the cluse
unprofitable session, because we have clone of the sessioll of' that year. I do not think
goOd work in the di:fferent matters that hn.:ve the two cases are iP.' any way l111Mogot1.s. . 1
come before us. But this we can do-we can was in the House when· tp,.."'I.t Bill was in·
take t1J.is Bill, home with us aUd study it. tJ:oduced here, just ttwo clays before the HOilli,e
.Already ,I b.fi:,ve made a large number prorogued. Very few hon. gentlemen had
of marginnl' notes; iID:any_ of tilem are had an OPPOl'tuntty of making tb.-emse1 res
lost; .some ruwe been incorporated in acquamted with its provisions, and the HQuse;
the Bill, othel'S h.'lve been tb.l'own under those clrcmnstances, I think very lWo-
out., We have ·the Bill before 11S now, perly declined to consider it at all. Here
ffit-h a Jrnow1eclge of the opinions of tho is a Bill, the fu'st dl-af,t of which was dis·
House of Commons on it, and, every member tributed to all the members of the House
w}u feel it his duty to give- his whole ~eisU1:e before 'the beginnJ..ng of the seSSion of Padia·
 Oriminal Law [JULY 6, 1892J Amendment Bill.
ment. Then, again, a Joint COllloottee of
both Houses wus ftI>pointed 'who considered
'i1he Bm. TbIltt Joint Comm1~ was cOQUIJosed,
I ilhlnk, o.j: gentlemen of the highest iu-
telligemce uud .the very best legal talent in
either HOlWe: In any case, it has UpOll it
the impl-'ess of ,gentlemen of that kind, to
whom la.yn.nen must to some est.mt pin 1Jhe-b:
faith. Tp.el'efol'e, the Bill does not come to
us lp.ldel' .the same clrclUl1s'tances as the Bl11
of 1868. At the same ·time, uQ one' could be
more illl..',:i-ous than I am that the Senate
should uphold its propel' POSttiOll in the
OOUllta'Y on all oc-cn:si:ollS, and gly;e .the ful1~st
and most ample cOllsideration to' any meaSlU'e
whlch comes before us, IJal'ticulal'ly' a. meusure
of such great importance as this one, and ]
should be excee(1ingh~ sorry. for the credit at
·thls Ohamber and 1i$ standing before the
conun-y, ii· ill any way, by the course which
we adop~ thiS. B1lJ. should be put thYongh the
House eillier in !l. very perfunctory way or
without c1}-le. consideration of nll its llrovisions
by the members of this House. Two days
ago the l'remier shi.ted in ns distinct term.::;
us pOlssible that it was .not his desire, CfJ.' the
desil'e of the Government, tll<.-ut tw:s Bill should
oe pressed. tiJll0-ug'h in sucli hasw -as to render
it impossible iol' members to give it -due
conslclera;tThOll. UDl02SS we all sha,11e that very
une..'lsy feeliug described by my hon. fl.'ieml
from Quinte, and fud that we canuQt .possibly
make' up O1.U· minds to remain' here, it does
not seem to me 'qutte pmcticable to give to
this Bill aU, the consideratiolf thUit it l'equil'€s ;
but for my part I will be us strongly oPIJosed
us any member of the House can be to me
Bill being gone all with unless the House IS
l)rep9!red to ta.ke rthart cOUl~-a-unless ifu.e RQu.se
will go "through it, if necessa.ry, c;luuse by
-clause, giving it the fullest consideration,
even if it should dem:.lud the sa-crifice on OW'
parts of remainlng here for a longer time
than we. expeoted. For D?-Y part, I am per~
fectly willing to do fun t. There are many
clu-uses of this B:ll which I, as a. layman, am
1ruOOr~.ted ill, especially that clause, menUon
of 'whlch ,,~as" made by the hon. member fl.·om
SUl'llia-. allCl thl?Tefore I should like to nave
the fullest opportunitJ~, so far as any poInt
in w"hich I um interestecl is concerned, of
(liscusslng' the m~aSlU'e and bl'ing,lng my
-views before the House. Therefore, my
" l)Os~ti-on is ~imply this ; 1 am perfe-etly willing
and contented to stay here and bear my
473
share of the work, so far as the coDsidera-uon
of this Bill is conce-med, but if geooemen M'e
not willing to do that, and if it would result
in its being iDlperfectly conSidered, or hU1'ried
through, 'then I think that the -very course
which the Premier suggested as being an
altea.Th."lotl:ve one would possibly be by far the
wisest and -best for us to adopt.
Han. :llIr. CLEUOT\r-I cannot umlerstaud
the argument thrut has been advanced for
putting off the consideratio.n. of ·this Bill. I
thtnk we are just in as good [t,- post-tion at
the present time to consider it itS we will be
at the next session of Parliament. I will
gum"<.Ul1tee there m'e very few members of
this House ,vho will tc.lke the trouble to
read the Bill through during the recess. 1
am satisfied of that. Thei'e may be a few
l'twYel~ who are interested in it, but with
the exception of that class there are -very few
who will take the -b.·ouble to wade through
that Bill, aucl I think we are in as good a
poSition to deal with it· to-da.y as we lvill be
when PllrliaDlent assembles next year. I {10
not -think it tail' for hon. gentlemen of thIs
House to shirk the resp-onslbMlty imposed
upon them by the counu'J. "When there
is work to be done they ought to do -it.
'Their own ooixv('niel1ce OUght to be a
secondru:'Y co.nsifleration, if they have the iu-
terests of ilie countL-y at h~:ll"t. I think the
urue plan is to go on with tWs Bill, as we are
In duty boun'd to do, and ma·ke it. as perfect a~
It cau be made. It is tl.'ue th€ir~ hav~ been
several amendments to the Ol1...otua:l Bill ; ther02
a.re ame-ndmelllts made in nearly every Bill
lntroduced in the other House, but w~ have
noilhing to do 'with those amendments. All
we hu.-va to do is to take the Bill as it passed
in the House of C-omm'ons the- other day, and
we will b~ dereliot in our duty if we postpone
the consideration of the mOOSlU'e-. Certain
gentlemen have an object in view in o.bsh~Cit­
ing fua bmiuess of this House, Tht'; other
day, before an Ol)portunlty to see Olle clause
of that Bill was presented, au hall. gentleman
took tit upon himself to oppose it in t'!very way.
He aotually made the assertion that the Bill
Wias" not one ifu:rut shoillcl be p-a~lS-e{l by this
P.a.l'lirumoo.t, and tllis was before he had an
O:PPolltunlty of examining it~ To-day he sng-
g~stE_ a lot of resolutions and amendments and
he wants us to be-UeVe that the Bill as we
have it. to-day is no.t the Bill thart passed the
HOUSd of Commons. I cannot l.Ulderstunc1
 474 Oriminal Law [SENATE] Amendment Bill,

that kincl of discussion at all. We hfi.Ye the R'On, nIl', 1\fa.cjINNES (Burllngton)-I do not
Bill befOl"'e us, rund we are jn~t as able to pass snppose there is any gentleman ill thi£. House
an opiniOlJl upon it to-tlay as we will be who will object to following the v~ry reason·
twelve months hence, probably fiU' bett.cl', be able aull judicious E1Jdwce tendered to us by the
rouse we haye a good idea of the a;egu- leader at iihe inb:odl.1.ction of tbis BiLl. ,Yhat
menrts used in. iJhe lower House to-clay. .All the Premier sald 1VU£, this, ":Now, gtilltlemen,
that will effaced from oll~r memory next yea:).', it:is ncit by any meaillS Clea...' to uny of us thnrt ,ye
W1.bWt aTe -we to gain by purtiting off this Bill 1 al'e going to be able to go' on ancI fini'.3h. tile
Next year when we asserobi~ you will find a Bill this sBE:sion; let us begin rund see what
grerut maJUy people throughout the COlmtry "ill we oruo. do." It appeail,'S to me it would be
have objections 9f every ~'Ofunble cbaa:a.cter Nl'Y much mm'e', sensible ancl reasonable if
to rthls Bill ; 1Jh~y will :flood tlhe House with aD 1ib.ffi House, ~m;;tead of 1't11ising objections,
80iJ.'t8 of l'eDlonsb."!.lnces ancl pet.itions, and you would go to work and see how ft1.r we can
Will hu,ve to go.. thl'ough the sam'e ordetl.l again. get milh the Bill. Once faib:ly under way, we
The House of Commons ~ill ht1.ye to tnke the can a...ccompli~h a 'gl'eat deal. At any rate, if
sa;me course. It mil cost a large amount ot we Cc.'l1Il11Ort fiUish the Bill this si.~i-on, a. pre-
ID'Olli:>Y to the c01mtl:Y i it has alroo.dy cost a llroinl1D.'Y Q<1utBl' now, if we cannot do a;nytbing
large amount of money, und why, after such mOl'e, will be exceedlngly' usefUl in the
an expenditUre, can we nO-t pass this Bill in a future, and pelihaps will give 11S greater
few days? interest in, the Bill than ("'\e shoul(l hav.e, if
we did not take it into consIderation at all. I
Hon. :Mr. KA.1JLBAOH - ,..8._1'e we not to am in favQl,u' of gOing on,. with the Bill~com·
hflNe public ol)illi()n all this Bill ? roeneing now ~~ stopping these objections'
Hon. 1'1£1', OLEnIOVl-\Vhell the public mow to beginning work at-all, It appea1.'S to me
tl4rut ilhts Bill hns been subject to the that om' wlsest, COlU'S,e is to follow the [Lcbice
SCl'uitiiny of a special committee of bo-tb which has been given -to 1.18 by the Premier.
H{Juses, and has beeu cOlL..<:!iclered by the "best
Hall. 1\11". McOALLillf-As a layman I do
minds in both Honses, and when they know it
not know that J ,can' take a vel'Y active part
has "been discussed by thd hOll. mem"ber frOID
LuuenbUl'g, they will have eonfidence that the
tn the disoussion of this Bill, but I can say
t.his, I am wipiIig":to give all.the time that the
Bill is as pea:'feot us it ca·ll be made. Ameucl-
roents may be required in the fnture, but it Premier of tbis counh'y' thinkS it requires to
will be fail' easier to deal with a few ftlllend- gelt tln'ough "1.'t1ij. it,' whether he puts it
melltts mt may be coru:a-dered necessn·ry here- tbl'ough now or next s·essiQll, I am willing
after tllan to put the Bill off and go through to be guided by his judgment, but when my
the same ordeal fu-at has be~ going on for the hon. friend from Rideau division asks us
last WI"O O!l' three months, I think it is our wh.at are we to ~ain by i~ttlng~bis Bill Jie
duty, and the public expect that we shull re- over" that Questiou should p.ot _be what the
'.,main hert:) any time thrut OtU' duty c1ema.nds, oounlh'Y has to gain, but wJlat the' colmtl'y hns
lWe should not put off t.bis Bill to suit .t1;1e con- to lose if we let this l,ie over until next ses-
venience of the hon. gentleman from Lune-n- sion. Tlhe quesbion is tlill:, Al'e gentlemen
wiIllllg to st~lY here? I belieYe -it 'ought to
bUl'g anc1 oi.1hers, w'ho may hu,ve lXl.Okt!c1 up
weir rtrunks to leave tlhe G'1pital. I think take us at least two weeKs to consider this
the tn.'ue way is, to go to work, commencing, it Bill, but, at the same time, I have got eve1:Y
neces&.1~'Y, 8Jt ten o'clock in the morning and confidence on this 9.uestion in tlie P~ime Min·
working l1:D.til twelve o'cLock at night, to get ister, that he_ will giye us all the time 'we
through 1V:Lth the Bill. If we do tha,t the want1 and I am perfectly willing to be -gldcled
colmn'Y -wrlll ju.."1tify our proceec1ings, nnc1 we bJ· him, but I ngi'ee with. t.he last speaker in·
"Will hold a better position than we would if sayi..l1g" that I 11m ready to Commence as soon,
tlf:. possible; but I hm~e not heard anY,l'e[LSOll
we po~tponed i!his Bill for another year.
for st"tying that this COlmtry will suffel'. if the
!Hon, lllJ:. X.A..ULB.A..CH-The han. geut~eman ilill is to stawl over for a year. It is liot to
1$11-0111(1 remember thrut he 1i.s: art home here. It is ccme bltO force lmtU a year from 'now, and:
not so with. m~. I rema[n to the' close of thE' thel'e will be somebody here then· tl) pass if'
session every year. I a.ttend to my c11ltJies to if it is thought necesSftry. That is the wuy it
the last. ::;-trikes me. If there was a motion in this
 Criminal Law [JULY 6, 1892J AmMd",e!)t Bill.
. House to let this Bill stand over, I should
vote ag-<l1p.st it, because I am ready to give
all the time necessal'Y as far as my humble
ability goes, and I believe every member of
the House feels the same way,. but if the
public- niterest is not going to suffel't why not
let the Bill lie over lUltil the beginning of
ne..~t.""session? No one has sho-wn yet that
the public interest will suffer, but if we l"'llSh
the Bill Waugh the House we may do more
harm than good. .!Jif I am not a lawyer, I do
D!:JIf, krrO\Y <tih:aJt u: should take a very u.etfi:ve Dart
. in this debate, ·but I tb1nk God has blessed me
with a, little common seuse, whlch I -will try
to exercise' before we get through with the
Bill.
Hon. ~'. FLINT-When I look at the vast
.am01.Ul~\.of work before llS it stt1kes 111e that
it 'woul~e decic1ecUy advantageous, Dot ouly
to tille co'lmtJ:y, but to OlU'SelV-eS, if our 1¥>n,
Premier wquld let the measlU'e stand oyer
until next session. He does not want us to
go into the dog d."l.Ys, he. mys, Well, we an:e
getting alOllg. pretty WE'll towards that season
now, and niore than that, we ,are burning
wood here oonst.'1..ntly to keep olU'selves cool
So far as the Bill is concerned, I cailll.ot see
for the life' of me how the country is going to
sl.l.ffer if we let it stand till ll~xt year. 'Ye
have been a long time in session and we m'e
a.ll an.."'dous to get hob+e. My' han, friend from
RieIe3.;u division. spoke freely on the eubject,
bl~t it must' be ·remembered that he is at
home, while many of us are far away from
home, and absent from our business. He caD
attend his' business, morning, llOOn and uight).
but we cannot'wbile we are kept here. 'If we
are to remain, of COll'Se we shoulel go thor-
oughly through the Bill, I agree with the
hall. mem:b'er from Sa'J.wa 'WiLth l'efel'e'll'ce to,
this lottery questioll,' That provision should
be struck out; -it would be a curse to the
country to lea.;ve it in the Bill. It would just
amolmi:l to this: it would empower the Local
LegislatlU'es of the va110us pr9vinces to legal-
ize lotteries, Now, a lottery is a gambling
OOThCea.n, Do, we want th~ people- of this
c01.1llt:ey to become gamblel'S aCcol'ding to law ?
I think n0t~ I.tJ?ink every han. gentleman
will -say that it. is not advisable to have the
. colmh-y flooded with gamblers according to
law. The lotteries generally manage to. give
their prIzes to their o.wn friends, ailld the po.or
have to. su.fCer. I have not been able to look Hall. Mr. O'DONOHOE-'Dhe House seems
over the Bill, but if it' is left over 1.1lltil next to be of one mind, that the Bill is all-lm-
475
session I will present it to :my son, who is a
crlminal lawyer. He is at present} and has
be-em for a, nUllllber of' yem:s, the pOlice mag-is.-
trate in Belle-Mlle, anel since his appointment
his decisions have never been appealed
aga.inst but once, and he was snstamed by
the judges, showing' that he takes great care
in everything he cloes. I know if he gets
the Bill he "rill. go through it thor-
oughly, clause by clause, and I could
take his' advice in every matter connect-
eel \yith it. I should like to gJ home, bnt if it
is dete.rllline(1 to go on "Wi!~ the' Bill, I, of
COlu'se, will stay, and ulthough my eyeslg1lt is
so brul that I eannot read a clt\use of the Bill,
~ret I will be prepal'ed, as the clanses nn:e read,
to. give my opinion on t)1em alld to "lote ac-
cordingly. I uo not believe the C01U1h'Y wOl11d
suffer at all if this BHl were allo'wed to. stand
over, I have been a justice of the peace wer
Slnce August, iS3G-pretty nem'ly fifty siX
yeaa.'S. I hu\'e tried un immeme number of
).eo:ple ; I ha,ve navel' had u case that I elecicled
appen~ecl against, and I know sometthing about
mu.minal lrLw. I ba.,e had n.Il classes of
ol!.i.mill.als, I DL."l.y say, before me, am.d the con-
sequeu·ce is I ha:ve been yery pa'J.1liClllfLl', I
know thel'~ al'e some magtsb:a.tes 'who are not
3JS pal'ti.culm: and get themselves into trouble,
a:ucl 1 am l€:l"Y SlU'e th:1Jt thi:::. meilsm'e in its
present shape "Would be to· them a pel<fect J)uz~
zle. Th~y would not lUl"CIerBtand Jwhitt to do,
They would be fi, good deal like the old
farmer,. who, in my eUl'ly clays, had a commis-
sion. of th:e pe..'l.ce,· and he wen:t dO'wn to Bl'ock-
ville writh his -wtet'l in order to get sworn in.
The. good mau, ,though au excellent immel',
knew neither hQW to read nor wit-e, but there
wa·g a commlssion for 111m, 'and :when they got
it tili.ey went ib.'ome proud enough. They had
SOfie grown up girls, who, when they got
home, asked the mother, ".Al·e we nil lllagis-
m'ates, DOW 'I" The lll(),thel' repl.iec1, H Xo,
you fools; only yOul' father and I nl'l3 magiE"-
trates." That is the position of a gooel ninllY
mag,istl.'attes through the colmtry. They are
put in for political plU'poses, and not beca:tlSe
of thcir ability, allel the consequence i13 they
mO'I.:llcl kin.orw nothlng alJout this l'tw, nnel I
would aclvise them never to touch ft, I shlOluel
he very happy to get a,wny from here, but if
I cannot I ""Will to:y ancl not feel looesome ancl
do the best I ca..n.
 476 Criminal Law [SENATE] Amendment Bill.

pOl'tant, and needs all the e[Fl.'e und attention sider it the Governmellt'ttre not ~o-t~g to press
which cn,u be bestowed upoo it, and the one it through during the preaent sl\$slon. With
quesl:Jion: I would ask is ilhls, If it be of such 'bhrut Pl'OpositiOll I coincide. I nm n.s willing
importance, 8.illd if it n~eds weighty constdera- as any man to sit here to put -the Bill through,
tiou, is this the time of the yem." tha.t the bt1t I kuo;w that my mind would. not be as
. minds of thi~. House caiU be ooncentl.'o,ted uJ)ou cn..l'e:fully rive1:tted upon my Wr)l'k as it would
it 'l In. my judgment, the minds of the House be in cooler wea.ther.
crun \110 more be con.cenm.'Hlted UPOll it with thtlJ1:
severity which it needs than you could COll- Hon. 1fr. PO,VER-.:. . .Wheu ilie Fremier
centrate i.1hd mftLds of schoolboys, when vaca- stated at a l)l'evious stnge of this Bill the
tion time arrives,' upon their books agp,iu. COl.u'se whioh he thought wise to adopt I
'Dheir minds are afloat, and they are for home ventured to suy I corclially c:)llClll:1'oo in his
as e8.i1:ly u.s poss1ble', But if it had. been a view. I do not kuow •:whether the "Views of
measure tha.t was rubsolutely nee(led at the the han. gentleman h:.we undergone any
present mOllleiD:t, no hot weather, or any ollieI' chilnge since. ,
consider8.Jtil.oll, would prevent this House from
Ul.,kiiJ:g up 1fu.~ measure now, ill any measl.u·e HOll. Sir' JOHN CALDWELL ABBOTT-
thit:t has been brought ,before us since I had Not the least.
the honour of a seat m thls House that was of
any l.U'gency the Sen.."'15I:e was ulwuys rends Hon, :Mr. POWER-I venture to suy that
even to -pass three readings of it in a day if. my views bave l.llclergone a slight c)ange.
necessm:y, I can undffi1St-a.nd the hall. gen- Unlike the han. gentlelUau fl'O.111 Ottawa, I
tlemllU from R1deau division speaking of sit- think it is desirable tha.t our cr~inul law
ting here for a fOI1i.n:J1ght~ but as he was tOld should be embocUec1 in a code. where it JS
by others he is a.t home find he could stay eU$ilr accessible. If that is the C:.lse-:--if we
here, This would be a ·pl-a.ce of re<:t for him, are to hllye u. cod~n.na. if the p02ses3:on of
but he a.D:vaooed a reason ill f[l,Yo1ll.' of c1elay. a code is to be nn adv£l.ntage,· tt must be a
He says the cOl.ID.try would be commenting 00(16 which is as nearly perfect us possible;
and lVliting about; and examining and criticis· and it does not appear to me: .that .this oo(le
ing this Hill i;f it was aUowed to sb.lud for a in its present condition is llli.elY tp be -pelfect.
year. R.e could (\JdvaILlce nothing stronger in There is one circmnstilnce which hilS been
favQl.U' of delay. It is wha;t is intended, a.ud brought to my attentton since the ~oirrt Com-
I would l.U'ge that the iJi:me to g1v~ it 01.11' mittee' ceased to sit wll:ch ho._'3 in~uenced my
minds fr.eely wd mtelli.gently is at an ea.rly mind "Very much. Tb.e Joint; Committee wa..s
pel'iocl next sE'sSion when home ",ill not be not expecteel to go through" .the varIous
bo'Uh-e11ing us, aill..d when we cail concentrwte clauses of this BUl, which' 1}U1'Porte~ t9 be
our minds on t3very cla.m:e of the Bm: It is a. takeu from other sources, to ascertain w"1.e:her .
l'evolut.ion in ·the lu.ws of the countl·y. It is or not those clauses were exact 'co]):es of the
tlhe most im])orro..ut chauge that has ever been clauses of 1yhich they purported 10 be copies.
contemplart·oo, and no Bill could "ever come t) Now we find, not only from the .instances
this House deserving of consideration to the cited by the han. gentleman from Ottawa,
same extent as tIlts' measme, It arrects the bnt from other information, tllat ,in ~. great
lives and liberty of the whole people of the many cases ·the clauses in' this Bill, wh:ch
Dominion, and ill propol'tion as it is importum, purpOlted to be taken frorp. OUl' :own statutes
gO ought it to be with the consideration that it nnd some from the Draft Bill of ·1880; are
is entitled to from this han. body, I heard d1U'~ not caples of .the s~lpposed originals.
ing the debate that fom' huncb.'ed clauses of
this Bill were gone tbTOUgh :with1n a few H,?n. MI'. ALMON-They are forge#es, tJi~,
hom'S in Uonabher place. I do not aU[l,ch u according to the ,hqn. ge.ntieman,
grerut deal of consequence to the critioism of
foul' hundred clauses of this Bill that 1s made Han. 1If1'. PO,YER-I do not slly that· th~y
in a few hours. It Is like reading it and not a.1'B forgeries; but the errect of it is' this :
eX<fUminillg it. IJ)hel'e is eveTY reason for that the Joint Committee of this House and
falling in "With the View expressed t"I:; the han. the House of Commons haye been dealing
Premi·el', that when this Bill is C'nterecl upon, TI-1.th those .clauses as thOugh' they were what
if au 'lIDreasonable RUle is' It:ql..ul'ed to COll· they ]!Ul'P01'te.c1 to be, .
 Criminal Law [JULY 6, 1892] Amendment Bill. 477

ROll. Mr. KAULBACR-Is that the way observations on that~ It says "in this Act
'. yon dealt with it iu that. committee 1. tbe following c"'Xpressions bitye the me!lni l1...gs
assigned to them in this section unless the
HOll, :M).'. PO'l\TER-Certaillly j. it is not
context requires otherwiSe." .As a l'ule you
the du:ty of. the· members of tJ.?s H-ouse or find a definition in a. statute tllat such and
the Hons~ of COlllDlOllS to sit down ana such an eXl1ression jnclucles Gelt"1in things;
compare' the clauses of this, Bill clause by the meaning is that that expression includes
cla.use With rhe sections of whioh they are those things ill aelclition to its ordinal'Y menn-
snpposed to be cODies. <: We take it that that ing! and if you ,vish to define a. term: you say
work has nh'eady been done by wuse wnv that the expression so llnd ~o 111eans so and
framed it in a perfectly reliable manner. If so. "When I take up- this interpretation dUUt~e
we are lmder the circumstances to (leal with I find that in llumbera of CllSI3:S the word " ill-
.this Bill ill such f1 way as to have our COll- eludes >I is used whem the illtentiou is to
sciences ,oleai', and it we al'e to give the coy-er everything! and in other cases The ex-
COlUltl'Y' what we pretend to give, it is our
l)l'ession II met1.us u 18 \lS~a to t':s:press the
duty to go over everyone of throe clauses and snme idea as' the worll H includes. 1I At na1'a-
compare -them "With the' sections which they gl'·aph "m" the expressions HmeansU [talcl Olin_
Dl.U'Port -tb be cop1es of. Is that the sort cludes" ttre both useel. ill p3J.'3.@l'aph "r' we
of ,:"ol'l{ \~hich members of thiS" House are a.l'e told the expressloll "('xviosi,e su})-
expected m do at this time of the session ? stauces" includes .' lllly llltttel'iul for mIlking
I do not think any hon. gentlelllltn will under- €-""q)lostve substances, IJ and so on j but it does
take to say tha.t it is. I think the M1rnstE'.l.' not define :whut nn ex}}losive substance itself
of Justice deserves a great deal of credit in is. .Any onG who goes ,)1"81' that interpretar
, 1ll1elel·takinK to frame this code! a.nd when I tion clause ~vill finel (l, (lo7.e11 pru:ticula]'~ ill
speak of these imperfections in the Bill I do which it needs to be corl'ected before it is
not charge the'1\~ter of Justice with being fit to be submitted to finy l(~gal critic. Per-
responsible fer'. theDl. , He has a great Dlany haps the House will allow me to read one de-
impol'tant duties to perfol1n, He is not able fulitioD.. Paragraph <fd" says :~.
to devote hIS time to the clerical work of
this measure. He has· to tl1lSt, and h..'lS H The eA.--prc-ssion "ca.ttle." irnc-ludes {lil1Y
trustetl, to- sl.lbordina.tes in whose hands he Illl()l'se, mule, nss! s1vine, -sheep 01' gOil.t) as
well as any neat ell,ttle or :luhllnl of the bo-
11;'li plhced the,Bill. When we read the Bill vjoe species! and whatever is the nge 01' .sa.'\':
the secolld time we indic.'l.te Om' confidence 0f the animal. and whether castrated or not,
in tihe Government j we show tha.t we app'I.'()'Ve und by wllO..tever technical or familial' name
of the principle of the - measUl'e, and I think ,yell it is known. and shall apply to on€.: animal AS
a.s to many.!!
that is itS much as we should be expected
to do at' this time of the session. Could anyone imagine a clumsier definition
I stated that'i:f we adopt a code·in this COlUl- of the terIll animal tJlRn this? The terlU here
u'Y it should be such a code as we may be is l.lserl in tl\(1 ordinary sense. H Animal of
1)1'ouel of, It should be such a coele as the the bovine species II is a llew way to define
Mlnistell of :fustice "",'i'ill 'be able to exhibit to an ox. I have tins opinion about it that we
the highest legal authority! say in England! wish to have it code, We \\rish to ha.y-e- a
\\~tJloutallytfem'of Clitliois-m. I have no hesita- code of which we may be Dl'oud! and I think
tion in saying ihat this Bill a.s it stands now tbn.t this code needs a goocl deal of careful
is not. a meaSili'e of that sort It has been peTllSal and re'\1.sion before it would be snch a
Eaid that we had better read tite Bill a code as that I notice that in the House of
second time and ihen go into cOmmittee.' The COIlJJllons some of the ameucbnents ronde in
intention is to read the Bill a second time! th<"- special cOU1mittee were shuck out, amI
find I think it is just as wen that the reasons there hft.ve been a number of amendments to
"hy we had hetter not continne to deal \'11th it which the special c01llmittee eliel110t make;
the meamITe in· committee should be given and I notice cne y-ery important amendment
now. so that ihey -will not h:we to be given mentione(l by the hOll. gentleman nom Sal'-
again! and We save time by hr\:ring our say illa with respect to lotteries. I tlunk the con-
on that point at present Take the third sieleration of that one question! unless that
c]t\use of this Bill j the third clause i:3 an ex- clause is stricken out at once, will involve a
pL<")J~~tion of terIllS. I propose to make a few ,er~r long discussion, Ny feeling is this:
418 C,-iminal Law [SENATE] Amendment Bill_
With a Yie:w of having a code as nearly per..
feet as possible we should, after this Bill has
been read the second time, resolve that it be
place(l in the hands of some gentlemen who
are skilled in the dl'9.fting of Bills ·with instl'uC-
tiona to go carefully over it to see that the
clauses which purport to come from existing
law are COl'l'cct COIJies of the sections of
which they are. snppo,.':!ed to be copies, 01' at
any rate to be srd!sfied. that they' embody the
mea,ning of tl:V3 sections of which they are
supposed to be copies, and that the language
of the clifferent sections sho111c1 be ha11ll0n.ized.
As it I"<> no~ yo" tincl one expt'ession used in
'>Y " Bill this session.
one clause and another e.'1.rpression used in
another- cla"se
'c<
to ex~reoo
'ok' -=the. ,"ame ide"," _ The
language of the 'Various clauses should be
harmonious, a.ucl amendments which are con-
sequent upon the amendments mooe in this
mel1sme a-lready should be mude. Inasmuch
as the Bill is not to go lnto operation 1lllt:l
1st July of next year we woulcl lose nothing
by that COlll'Se, "W'e could take it up early
next session in the Senate, and in its im-
proved form :it would pel'h8Jps pa~s with
very little discussion. I cannot help feellng
that to lmdedake the herculean task it
would be to go through this Bill in the wa;s
it requires to be gone ·tlu·ough now, would be
umvise· in the exh·eme. My ,idea is that
when . the Bill is read the secOnd time the
Premier Sh-oulcl t..'lke some such course as 1
hm?e indicated.
Hon, Mr. .ALMON-If ,this debate Ib.ad
assmnec1 a. legul aspeot I should say nothing
at al1, about it, for I think the 'pl:oper way.
to cleal with measures of this kind is to leave
them to legal experts to decide upon such
amendments as are necessary; ·but the
question now before the House is whether
we should consider the B1ll at all thls year.
The chief objeotion comes from the hOll.
. member from Ottawa, who .never, nccording
to his own acoount, drl.cl'kened th,e door of
the committee to whom it was l'efel'l'ed for
consideration i and the other objection comes
fr'om my hon. colleague from Halifax, also n
member of the committee, who, we are told,
attended its meetings' yery C<1.refully, and
who tells us frightful things about this Bill
-tha-t there has been pra-ctically forgery com
nutted in respect to some of its clauses" If
that is the case, I think there should be a
new law put on Olu' Statute-book at once to
pro""lrlde for s~ch a serious crime. I am per-
feetIy willing, as far as I run concerned, th:u
the thing should be left entirely to the
PI'emier of the HOllse. I shall listen to the
tl.rgl.Ullents of tlle legal gentlemen' on both
sides and foi'lll my own opinion as' to what
is best as to the pl'lJ1cipl~ of the meas1.u'e,
and lea.ve flhdill to settle the de-tails. On th1~
occasion I give up my private judgment to
that of the Premter, who ~ an expert in
these matters.
Hall. Jill.'. LOUGHEED-Many hOIl:' gelltIf2.~
men appear to 'have t:lkeu for.. gru,nted that
there 1s no necessity ~or the passage of the-
The best aut.h orIty' I ... call.
accept in stating the necesSity for the B1ll
is the authority of the leader of the H ouse
that the Government desll:e to pass iP. ,The
Government is chal'ged With this portion of
the adminisrration of the criminal law, and
no dne is in a better position to be 11 judge
of the neoosstty fol' this meastu'e t~a.u the
authority charged with its adminisb:ation.
Han. Jill'. SCOTT-They do not aclmi'nistel'
it. The .administnl,tion of the l.<'J.,w is in the
hands of the Provincial Govemments,
Hon. Mr. LOUGHEED--'I'hey are cl1aJ.'gea-
with the administration of the . cfiminH1 ht.w
"
so far as the passage" of the criminal law is
"
concemecl, Rnd they are responsibie to the
country for it Many hon. gentlemen appear
to think thrut as it does not go into operatipn
lmtil JulY, 1893, that next session n, ca,u re-
eetve the consideration ,of rthis House .ailL!.
become law witlhin the' &1<me time RS ~t
contemplated at present. Han. gentlemen
is,
have not taken into consideration this fact!-·
that before this Bill can become law a certa:n
time has to intervene between the RoyaJ
assem being iiven to it and its being brOtlg11t
into operation. We already :find upou t1iB-
face of this Bill that the Government con-
sider that one year is a sufficiently short
time to give the public notice thfi,t the crimi-nal
law 'of the country is about to become
cMnged, and tlhat a new code is to
be en.
acted; consequently, if we wait until next
session the Bill emmot reasonably come into
ope-ration lmtil J\tly, 1894. The question
mise-s, are we to aSSUllle the responsibilitY
of keeping rthe country waiting' for this
Oriminal Bill uutil 1894 ? . I submit to this
han. House that it woulcl be a gross injustice
to the public if not less than a year should
be aUowed to expiIe between the Royal assent
 Criminal Law pULY 6, 1892J Amendment Bill. 479

being given to the Bill and the Act' being do not appear 1;0 ha.ve looked within its fOul.'
brought into operation. .A.. great deal bas C011Ilers sin0::l it was dJE'ltributed.
. been said nibout turtlher consld-errution being Roo. lI:Lr. SOOTT--'"Th~re hn.;ve been over 250
necessa;tT . for a proper dealing with this ohanges made in tt since it was sent to tile
Bill. Hon. gentlemen appeal' to bave fol'- public.
gotten the fact. r1:ib.aJt this Bill Dassed
tln'ou@h llfue House of Commons after due Hon. :Mi'. LOUGHEEJD-These changes are
clQliben~tl.ol1, and I think. tllat hon. g-eutiemen the result of 1lhe consi.del'Thtfi.Oll Which the. public
pl~sent m1;t not ohaa:ge the ~ouse of COm- has given it foc tib.e two ye&l'S since its distri·
mons "'Witfrl. bEfulg careless or negligent l\1th bu'tiion, and we now have the benefit of tba.t
respM4. to any le",oisl3Jtion that passes through oonsiderartion.· .
tihat House-. In fact very great ia.ult bas Hon. kil'. SCOTT-Th~ ohangeE, ha;ve been
been -found in this House by reason. of the
made .in tht} last fortnight.
d.elay in '1)aSsing of legislation in the other
HouSe. It tihel'efore 3Jppem.'S to me to be ex- Il3'on. Mr. LOUGHEED-I have no doubt
tremely inconsistent to E1&Y tllat the House of: they have b~ made recently tn the House ot
aoillmOllf'> on all other occasio!IlS delays legis- Commons, and before the committee, and else-
!aMali, too long in respect to the COnsl!del'<1rtiOll ooere, . as tlhe result of the close attention
they give to'it, and in tbis pal'tdcula-l' ma;~t.E'l' whlch has been given to it by @1e vaa'ious leg-al
they have been remiss in not h3Jving given it OJutihol1itd.es, not only in the. wC! Houses ot
propel' considBlwtlon. I say tb_e best legal Parlialllloot) but t!lnuugllout ·the oolmb.'y at
tal-ent in tlhe country is to be found in the la.ll'ge. "Wtill hon. gentlemen who ar-e opposed
Ho~e of Common~, and that legal taient has to 1!his Bill say thart they are prepared ,to go
been enlisted ill fue consideraition and pa..."'Sage tilll'ough iihesB th01lEand clauses most critically
of this' Ilft.rbiculal' Bill. Moreover, we :fin.el all!d aamotn1.e them and come dOiYn here
that a .select colllJJl11Jtee of both Houses, com· dha.rged as a digest of law might b~ in re·
posed # expel~ts, sut for weeks c01;Lsidering spect to fueil' vie,,~s and criticisms and theh'
this. Bill.' ]jt is very e..'1sY for hon. gentlemen knowledge of what ShOltld be the law, even
It.o becom~ hy:p.ed..'-cJ."Ii.ti.cal ill ddsC1.LSsing an ttfrlbugh it WBre l)o$tponed lmtU llext sessioil1 ?
isola1.led .cla:use of this BID, and clUing lit betore I haVd very much doubt if hon. gentlemen
theHouse·~ithoutTeg[iJ.'cl to the context. 'I'lle will go to tba..t tr-ouble, bc.ca-use we flU know
.hon. gentlemarn. from Halifa."Y. a few moments when those who m'e not In..WY€'l'S lUldel'take to
a.go read. ~fl'Om an intel·preta.ttoll. clause the study a matter of this mind, it iE· cliscovel'oo Oll
interpretaiJ:ou of the expression" cattle'!' My rtihe very thl'es'hold 1fua1t it requires a. -legal
hon. fl~ieJ,1d neglected to strute tha.t ever since m'il.ih.lmg to demde what is ne.cess..'U.'Y to im-
32 and 33 ·V~c. thrut has been t,he L.'1.-w of Qanh· port iDiOO struturtes for 1:[he l'emedylng of up·
cIa in respect to iihe 1inteJ.'J!l'eta,uon placed on parent defects. While hon. gentlemen may
this pal1t1j.y uIan: dt:SiIgll1~ti.'On. :My hem, friend be cOln'Pi3tent to pronounce upon the moml
will not contend fualt if tiIlere. has been negli· principles of la..w, l~g-a:r m:i.rrcls me neces&lJ.'Y to
gence ill respeot -of the leg;isJation of Cwada embody in legal l3.ilJ:",ouage th'ose principles
on this particular matter since.illi1lt date, tbat wllicil we recognize to be ~,tatutol'Y au(l neces·
. he on this occasion is to se.t it r.ight when 8M'S for the good government of the :people
~e did nOt rut the commi.·ttee point 'Out a:ny de-' at laJ.'ge ; I therefore say tbart it Is almost wi·
fe·at in" tllis pal'b!.wUil' clause. Have han. rea-sonaiNe to expect that hon. gentlem-ern. who
gentlemen considere(l what the result of axe not. in the pro·fess\:oll will go through the
thl'owJng .this Bill oyer until next session wm Bill in. rthe crltJical way in ",,~hicili, on this oc-
be ? ~ It is going to· place the Bill where it casion, it is expressed as desirable. The hOll.
was last yeal.'. Ron. gentlemen. ca.nn'ot serio g-ootleman from OttaiWa has fi-SS1.ITed 1ll'. of his
ously and sin-cere1y say thH..t proper .Op-pOl'· desire ih.'1,t this Bill shall receievc 1he uunos.i
tunity haE: uot beeu glven to tiIlem for the con· conSi.{ie:rHlticm.. The hon. gentleman, on the
si{ier8Jtion of this Bill. The Bill was dish1b"wt· thJ.·eshold of his argmnent) &'1id that he was
ed .tlli'Oug'hout tih-e couutry in 1890, and ever opposed to, the principIG ot the Bill, aml on
wee iih.eh "bhey hal'"e had an opportunity od' that g1.'ound alone we do not expect his valu·
reading, learning and iuwaJ.'dly dig~sti.ng it; a,ble assistance in :reg-a~'d to the crLtical pre-
yet, I regret to say, on the' present occasion paration of the Act The hon. gentleman
many hon. gentlemen who oppose. its passage must eithe:r givt?> hls approyal or disapproval
480 Oriminal Law [SENATE] Amendment'Bili.
of the Bill, an,d as he is opposed to the princi.
pIe of the Bill we take it for grrmted we are
not to h,;1.ove -the advan.tage of his legal acumen
and long experien.oo in legal DJi1!btel"E" in the
conSld-e:rrubi:on of it~ I -will fUl,!.1hel'llJJQl's say
In respect of tilts COilllutttetl "'Whim was up·
pomted for ,the purpose of going 0l1tioolly
throu~h the Bill, that it is entailing on them
au immense ·a,m-ount of labour wh!i.ch this
House should not ask them to ~.:ra1n assume.
The retusal of this House ou thiE. occasion to
pass this Bill will simply plaCd it as it was at
the coll1lmeu<Ce;Ill-ent. of the session. It \vH}
have to be iDrtl'oduced de 1l0~·O. HOll. gentle--
men m-ay sa.y we calIl put it tihl'ongh the
secoud l'eac1i.ng and nll thrut -will lh~ neces&u'y
next session is for the Sena.to to pass
it. But whart about the House of C-ommolls
an d the committee work and the clela.y of
.anotller yeiU' to bring it into operation, all 01.
which will be necessary hlcidents to the delay
v;hich is proposed now to take place. If Iio~.
.gentlemen fire prepared to nssinne all these
responsiQilities, and again. llaYe this commit.
t·es revise ibis Bill Rnd perform the arduous
duties which they performed during the l're.
:'''ient session, they' are not appreciatin'T the 1'e.
sponsibilities winch they assume ill not permit-
ti,ng the Bill to pass during the present ses-
,sian.
Han. nil'. REESOR - Ii'l'Olll the length of
this Bill and.its very great importance I feel
pel-fectly satisfied that we oannot do justice
to it without .sitting here two weeki longer.
To -sit here two weeks after the House of
Carom 1ns haYe gone through aU their' bust·
ness, anel have them ,'{ait to assent to any
.amendments we may m.a.ke to the Bill, seems
to me to be ml' ab:'H1rillty; It ha~ not heen
shown that the country will suffer if this Bill
lies over lUltil llext session. If thn.t. Were
. sho\VJ1, it woule1 be another matter j but it
has not been· ShOWll, and until that filet is
demonstrated I see no reason why tllis Bill
~hould be hlUTied through. The. yt'ry fact that
four or five €Iub!:5ectiollS hnve been introduced
in the House ot. Commons without apparently
being ohserved by the leading men on both
sides-I refer to those sections thtlt authorize
lotteries in the different provinces-shows that
members of tho House were either -very much
hurried 01' t:l1at they were too much absorbed
in other wa.ys to give that Cl1.reful attention
to the Bill that should have been given, or that
they rely too much on. the Senate to discover
ally objections that might .be cliicovered in
the Bill. We assume that they trusted· to the
Senate elimiuatin..~ any objectionable featul'es
fOlmd in the Bill. These sections about· lot·
teries were no-J:i in the 0l1ginal Bill, as inh'o-
duced hl the other House, and T" doubt -very
much whether the hon. gentleman who hu,c1
charge of the Bill in the fil'st place, the Min:
ister of Justice, noticed it. 01 course, I 'know
nothing about that, but the reason why I be-
lieve he diel not notice it is that I Co"lnnot be-
lieve he would have sanctioned it. How gentle-
men know the expression of dissatisfaotiou that
has pa:::sed oyer the United States hecause
ilie States of the Union do not pOt'lsess the
power tha.t the Feder,ll PIll'liament of Canada
possesses to l'egulate the law in regard to lot-
teries ·anc1 other Cl1minal offences. TIle Fed.
(>1'<11 Government haye put the Post Office
Department in such a shape as to defeat the
ohject of the lotterieB of the RoutherIl States.
These lotteries have heen ('31'1'ie(1 on 'to S11Cb.
an extent that a company is give.n a mon-
opoly of 11 State under the authority of the.
Local Leg'islatme on condition of· p ..lJ;1ng so
lllitlly ru1lliOllS ~f dollars to the StnJe ,yhile
the company -pocket so many millions 111ore,
These things have become n crying -em there,
and the counh'Y has determined if possible
that the federal authority shall put a;~top to
it~ and .even the Goverm:uent of CaJJi?cla has,
I believe, through lts Post Office Department,
acted. in concert with the post office authorities
at ·Washington in -preventing these· lottery
comprmies from using the mails for., theil'
PlU'POSes, Considering the fact that ·such· im-
portant amendments we:~.'e allowed to pass
illto this Bill while it was going tlll'ough~ the
Honse of Commorts, it is evident that it-has
not had the attention that would justify· our
passing it through here in tIn'ee 01' four days,
or ill a. week, or even ill two weel~s. which is
too long a period at this late stnge of, the
Se....o;:siOll. I hope the Premier will consent to
have the Bill withdrawn for the present ses·
sion, It is well understood that the Com-
mons will be t)JJ.'ough with all their worK to-
da.y, and will be ready for prorogt1tion to'-
morrow if the Senate is ready, but if ~
Bill is taken up and passeel through the Sen-
ate this session it will occupy so mnch time
that it will be a ridiculous thiiJ.g to retain the
House of Commons here until the Sena,te have
finished .their. busilless,· If we are not allowed
to make any amendments We .would have to
 <:::-~,

Criminal Law [jULY 6, 1892] 4mendment Bill. 481

pass it as it is, and' there is no us~ of am' into the Blitish Parliamoot in that y€'...'ll', The
spending any considerable time over it at all. stakutes refel'recl to 33.'S tho statutes at
Cnl1ada."
· iRon. SiJ: JOHN OALDWJllLL ABBOTT- Now does thls say iih..9Jt these clauses aa.'e copies
I have listened ,y;i.th. f\Jtt.eution to the- gT~'lt of anyone of those ?
v'8..rietY of obje.ctlollS wiblcb. hav~ been marle
to oni" dolng anything lUore with this Bill, ancl Ron. :ilir. PO-VVER---Oh, my, my !
it 'appeaa'S to me that they may be fairly iROll. SiT JOHN OALDWELL ABBOTT-
clivided itltd two classes-----the objections of the I do hot know what possession of the han.
O'ent.l€!lllen ,,110 desire, as a lJ1albte-J.' of oppa- gentleman he meaillS by sa.ying, I< Oh, my!
~itlO>ll to the Governmoot, to prevent, if they lilY!" ·1 suppose it was his absence of atten~
ean, thi~ BtlI' passing this -s~sioll j a-lld the tTh-on art rthe commitrtee tiIlaJt ·he refers to ; qther-
objections of gentlemen, ad:ing in most re- wise he could not have been m:slec1 by supvos-
spects with the GO,ve-rnment, who hn_ ve a 'lug thrut those al'e exaet copies from any Act
~I.ncel'e .fiesire (as I fi(t,ttel' myself I lhwe) to whmtever. If tiIle note intended to sny so it
see the Bill as perfect as it is possible for the would have sa,id s{}. But it merely says t.hwt "1
Senate 'to make it With respeot to the :(irst the sources from which the clauses are taken
class at.' objections, I have, as a matt~r of aJ..'e Jndicruted.
COl1.rSe, no sympaothy wha,t.ever mth them. I
do not thlnk a desb:e to burke the Bill ought Hon. :url'. POIVIDR-':bha,t is a distinction
to be re~lved 1vith a.ppro-bn.tion by tIlls House-, without a difference.
and 'illle objeotlons t.b.nJt tend to that object, I HOll. Sil' JOHN OALDWIDLL ABBOTT-
· th1nk I can show, ,yilli vltry little difficulty, Row then' wbout tille Cl;l,Ses \yb.ere 1:ihd'e a.re
al'e en:tlrely groun-dl€€s. The hall. member cita.tions of two SOlu'ces n.t the end of u
filoill Ottawa, au(l tihe hon. semol' member ciMlfr8? Does it meau that the clause)s an
fl'om Ha.llfn-x have'made a terrific outcry, as eX3.:(lt copy of both Bills cited? Tthe proposi-
if some· deception or fraud were att-t:'<mpted all tion strikes me as a -very extl'aordi1k1.:J.'Y one at
the House, and I tbiuk they took ill two or all e-vents. The Bill, in Dlany illBtunces, re-
three hon. gentlelUE'n who did not see the fers to two sections from which the clause Is
precise pohttJ and W€ij:~ misled somewhat by p-repal'ed j yet my' hon, friend intima,tes tbat
the statements made as to the refere-nce to this indicates that tfuis claiu£e- is au t:-::s::aot copy
the clag-es f1.'Olll which the law WilS taken, (tf the ·mo. Now, till€- sLmple aillswer to that
w!hich are made in a. SOl't of mal'ginalnote at is to be found in me note rut the foot of the
thel end of ~ach paragraph. And although pnge--, wihiCh says, that i~ is to indi-cate the-
it was not openly aSEBl'ted by eitiher of those SOlU.'ce from whl<Ch the clause was taken, .not
han. gentlemen, it was plamIy hinted, especial- thn.t it was copied from any clUlL'3'e. That is
ly by the hon. gentlemaal from Otta-Wil, !J::ha,t one way in wb.itch hon. gentlemen have en·
Lt was intended th3Jt the House sh01.lld be mis- dea,wured to pllejudice the Hm.me agaffiErt this
led by these staitements. My han. frlend Bill.
:from Halifax, wh'o was on the commJttee, .and
I lmderstand a most diligent and u;ttenti"ve Hon. lti:l'. SCOTT-The rode and iJhe statute
member of it) assel'ts ilia t the committee nevel' law might agree. I cll-d not ~st the code.
l;:new tbu:t these r.1auses .were not exal~t copies
HOll. SiJ: JOHN OALDWELL ABBOTT-
of the seetiollS ctted.- Now, I thiuk there- iE
My han. friend did not l'e~d the note either.
not much difficlllty in showing tha~ those pre-
tm~ons belona- to the ilrst class of objections Hon. Mr. SCOTr-.A.s a rule they aR'e copies~
to which I lra~e referred, because in the fu'st
iROll. Sir JOHN OALDWELL ABBOTT-
page of the Bill the pmwOl'~ of iJhese regnla.-
Veti'y likely. By compm1ing them my hOll.
tions is 13ta.ted.· It is to b~ found in a foot-
friend could find whetih-el' th<:'ty are caples 01'-
note rut the' bottom of the page, and is as fol-
not.
· lows:-
Han. lli. SCOTT-SoDle are exact copies
H Note.-The l'e.:ferences art the end of each

pa;l'agil.-aph . or seom.-ou stllite the S01.U'OO :fl.'om without the change 'Of a word.
-wbidh it is taken.. In tbt*)o references D. ].'. iROll. SiJ: JOHN OALUWELL ABBOTT-
c. llleMtS ch~l.ft code pl'epM'~...d by tlhe Royal I clare-say; and my hon. il'ie-nd from Halifa.x
Comm1ssio>ll in Englal1d in 1879. The Bill of
1&80.means the Orimina:}. La;-,-...: Bll! introduced would not ha-ve passed them if they were not
483 Oriminal Law [SENATE] Amendment Bill.
good. I do not see w,t it mak~s any differ·
ence whether the clause .is an e."mct copy of
the original, or stmply the adoprtiou of the
prmciple involved. Perhaps the latter is often
thl:l betterl • beca.u.f.e while it adopts the princi-
ple found in. the S0'11rce from whi-ch it comes,
it is probable tb.llit the clifficuit1es of its inter·
prete..1Jion bn·ve been mmnifested after by ex,
periment. That is flll illustl'ation of how hon,
g.entlemen tried to prejudice the Honse aga1nst
the Bill. The ouly question is whether we
mn pass the Bill properly or not. I say I
will not be S<.'1.tisfied mYE.eIf by passing the BiD
without prope1l consideration, I claim .to be
as much interested ill the cha~raeter a-:ad
dignity of this House a-s any member of it.,
and I will not consent to this Bill passing un·
less it can be done properly and thoroughly.
So it seems to rue thart that objection was a
little ft,~1ide from the question. My hon. friend
from Ottarwa honestly admits that he does not
want allY Bill at aU. He wanrts .to practice
t.he criminal law in the way he learned it in
his youth, and before judges who learned it in
a similnr manner.. But I do. not see that that
ought to prevent us from 'tl'yillg to do what all
clvilizec1 Dflitlons are ende-3Jvom"ing to a.ccom·
plish.....to improve the laws and place them in
;a. form to be plaID to lavery one. The h()ll.
geD!t1eman from Hnlifnx made a quotation as
am. example of how the Bill was clra-wn.' He
reacl iih:e def:1n:ttton of CiJJ!:11e. I think I he-m'd
the ih·on. gentlemrun from ·.the N011fu-West say
that this In.w had b~en iri emtence since 1832,
whi-ch is the fact) and it ·wns so beford that
cl..'1.te. If -it was such a very ba,c1 clause how
is it iihllit we see it. here? l\Iy ·hOll. fr:i:enrJ
was a member. of the committee j this is the
second clrruso of the Bill, and when he finds
ft1l.:I1t wltth the clause, CH.n he tell me·oofut he
was overruled by "the majol'ill:.Y of an inc,,'1.pab-Ie
committee, :ro as .to put 'on Ule Statute·book 11
clumsy clause d2fining cattle? . It hus bt!!?-n
before the courts time and a-gain. and it
has been found to all..SWel' the PlU'POSe. Then,
t:f it is a good definition, why siJ:1ould we not
. naopt it? If it.was not good, why did not
my hon. friend have it struck out in th.a com·
mittee f I ain sure he could have pe-rSt"]:aded
the committee to do so if it were nece-ssary.
But instead o.f that he oom>es here, and calis
attentl:on ,to the clause rut this late stage of the
case.
Hon. :DIr. ThrILLER-We gave sI)ecial atten~
ti:on to thn.t 01<1.1.1$e, and it ·pussed with the o..p-
provaI of the hon. member.
Ron. Sir JOHN CALDWELL .A1lBOTT-
Of COlU'Se I was not there and I do not know.
Hon. ilrr. POWJilR-I think it I. a little un-.
l'easonable to expect that I shouiq. be pl'epar·
ed on the committee ·to suggest an, umend~
ment to every possible dause.
Ron. Silo JOHN CALDWELL ABBOTT-
Jf it had been only the case that ~le cltlUse
should be framed ill a. lllor~ l)olished mnnner
it would be. a differentt matter, but my han.
friend's lnnguage about it was vel:y strong j
he saId it was liOt a clause which @hOl..lld 11e
permitted to be presented to any legislatiie
body at !).u.
Hon. 1\11'. POWER-I did not say that.
Ron. Sir JOHN CALDWEI;~ .A1lBOTJ'-.
I appeal to the House if these are'not either
the exact words or the substance of them.
I
Hon. Mr. POWER-What I said was this,
~at we should try to have a cocle ;£iI.at we
should be prouc1 of, and I said'that was riot
such a definttion as one would like to submit
to anyone skilled in legal pbxaseology.
ROll. Silo JOEN CALDWELL MlBOTT-
I do not tlJiuk my hon. friend has 'improved
the statement very much,· hut'I am convinced,
nevertheless, I was right) though I do not cUs~
pute the good faith of what my hOIL fl'iend'
says. However. his e)..']Jlanation suits my m'~
gumeIit equally well. He says it is ~ clause
which ought not to be presented to any legal
gentleman skilled in the law, and yet it was
passed by the committee of which he was a
member, without objection. This also. seems
to me to be an argument 1JSed for the pm'·
pose of defeating the Bill, by prejudicing the
House against the Bill; ano. enc1eavom~to
show that it is a Bill which should be opposed.
He says it is so· clumsily drawn that it is tm·
possible to put it right. :My hon. :el'ie~d may
be able to draw a clause better than that, but
as he has failed once he may again in- mak·
ing a better definition of cattle. Then comes
the grand climax: let us send the Bill away
to experts, anti let them. make it for l.li}. vVe
will print and publish it·as om's, but let them
make it. Thls is like the. propOsition of yes.'
terday mth regard to the Redis1ribution Bill.
Why should we sub:rnJ.t the c1lstribution of 01U'
Dominion to experts? -Why should we sub·
mit the making of Otu· laws to experts '2 We
are here to make them, Hon. gentlemen seek
 Criminal Law pULY G, 1892] Amendment Bill.
======~=~=.====~========:========
.t.he honoUl' of a place in this Parliament to
-assist in making the. laws of the COl.llltTy.
.They are .noil here to. say, after a Bill has
beeu. presented in tp.e' House of COlJ1IliOllS, af-
ter it' has . passed a joint cOmmittee of both
Houses, through the Honse of Commons, and
come before us-they are not here to say then,
we do not attach any value at aU to all those
proceedings, we do not att:ach any importance
to the labours of the Rouse of Co,rumons. on
the Bill We do not pretend to know any-
tbJ.p.g about it ourselves; so we will send it
to experts to make a law for us which we
-can call om' own. ROll. gentlemen talk about
the dignity"of the Senate. Whai;...dignity do
. they show when they declare their inca-pacity
to Cl':itti.!Ciz-e the Ol'iminaill-a..w or any other la.w ?
If We a.re not aible to make the la.ws, why Jlot
drop the attempt and go home? I do not
know of any better argument against the Sen·
ate than the'fact that when au important:Bill
comes before us our first idea. is to abandon
am' tunctions, and relegfl:.te the ~aking of the
laws 'to some three or four IjerSOns who have
not :l.'e'wyed sufficient !honoUl' in the world ,to bil
made members of either House of Pal'linment1
but who are supposed to kjow more abo11:t
making la~s than both Honses, and specially
mOl'a than the members of the Senate. I hold
we are as competent a. body as can be found
to cri:ti<;ise th~ criminal. code.· I hold it is our
duty to do it; and we baye no right to make
excuses for l'eleg'ating tha.t duty to other Imr·
ties. The r~l objection to going on, which is
to a certain extent on a sound ha..<ds, is the,
elifficl..llty we nmy have m getting through. this
Bill alJt gi..&llig it a proper criticism (luring
the time -.;0bich may be left for us to do so.
Han. gentle.m~n talk very freely of tJ.1e Honse
of Commons being ready to adjoul'D: to·mor·
row. I doubt very much if .the House of
dommons will be ready to adjourn to·molTow,
and it is quite on the cards that they may
not be ready to adjourn fol' several days.
What are we, to c10 in the meantime? Hon.
ge<ntlemen. say you must not try to rn:lticize
the clauses of this Bill-you are not capable
of d~ing so, you must go home ~for foUl' 01'
five days while the House of Commons 'is
working, arid either leave this Bill to be dJ.·awil.
up -,by experts, 01.' abandon it until ne::..:t ses~
SiOll. We ha;ve not done much thls session.
It has not b€eu our ffllu1t1 I admit, We un-ve
clone what work has come before us, and
done it well, but the legislation 'of the coun·
, try has been very small this year, Perh~:ps it
484
is better so. I do not believe in tlnkering tor-
eyer at the laws of the col..m-try. Fortunately
we have not the friction in this House which
causes long debates in the other chamber,
and these result in very little legis·
lation. Perhaps we have. not had more
tha.u enough to do thiS session to nndi-
,carte our 6Xiistelloo to the pub~c. Then w·by
not go on qnd c10 all we cun', I proposed
that yesterday; I proposed it iIi .all sJ1cerlty.
I Dl'Oposed that the Bill ShOllld have propel'
criticism. I pl.'opose now that we shall go
all 'villi it and deal 'with it us long itS we Ct'Ul.
Jf Wt3- can omy ClUtticize the fil-::."i; clau..Q.(l let ~1$
do it. \Vhen we have gone on us far as we
can in uu efficien1{ way,. if we find we caUllot
finish 'the Bill this session, then if we can
constitutionally take the step which I h'aye
suggested, ancl which hall. gentlemen a.PP8<l.1·
to approve of, we can take that step. I do
not know that we CUll CUl'l'Y irt~ because the
highest itl..1thor.!.ty in the country 011 consU·
tutiorutl la.w has saId .tba-t i,t is --without pre.
cedent; but we ('.an try it~ But in the
meantime why should we not go on as far
as we can a.nd tJ..y if we cauno-t finish it?
There will be so much done n-t ull events if
we can h-ausmit it to the next session, when
nexrt sesstoll comes. Ron. gentlemen dwell
on the s4ltement thn..t there is no necessity
to puss i1h1s Bill. There are very few Bills
m~bicfu a1re abSolutely necessU1'Y to be passed
in any session, but surely the Climinal law is
necegsmy for' tlie administration of justice,
This is 11 most COmlJlete codificuUon of the
criminal law, Ci:l1'efully re"Visecl and much im·
provec1, which eVel'Y one can reter to. It
Ihas been b~fore the COlUltry for two years. It
was printed and distributed last session, but
Ti'"t1.,g not pro~eeded with, on the suggestion
thrut tine COlmu'Y .would learn <its contents a.]1.(l
understand Q-hem. It has been before the
House of Coll1lll~D.S nll this session; it was
referred to a Joint COmmitt.ee of bo-th Houses.
"Why did we send OUl' members to form part
of such a committee? In order thart· we
might have the advantage of having it studied
by the best legal mil1-(l~ of both Houses, aJlcl
in order' that w~ lieeel not refer it to a com·
mitrtee again when it came rto this House. It
is sa-iel ,that the House of Commons· only took
fom' clays to consider this Bill: That is a-
mistake. The House of Commolls did not
-Pass lmtil the last day more than a huudl'e(l
clauses a day. "When it 1s' remembered that
this Bill -was referred to a Select Committee,
484 The Crimina! [SENATE] Law Bill.

and c'u'efully cOllsi(lel'ecl, and that l1 great HOll. Sir JOHN CAI:Jj?WELL ABBOTT-
portion of the Bill 1.<:; taki2u from start\.ltes The House (loes not usually dl-aft Bills I H
already in existence and folilld to work pr<r cliticizes th'eDl. 'Dfr. ~Iaster~. was onE;!. of
pel'ly. Olle call readily see that [1" gaoel (leal those who assisted in drafting the :Bill.
of the work of cl'iticisru. could be done dtU:lllg The illation was agreed to, 'and .the ·Blll
the time .in. which the House sits in the was reacl ·the second time.
twenty-folU' hours, In realitY" the Bill has
HOll. .Slr .JOHN CALDWELL ABBOTT
passed -through rthe crucible of the c)DJ.lllittee,
an-d has been subjected to the Cl'ltiO:SOl of mO"ved that the House go into. committ.ee .on
the HcilU3e of Commons, and it is now before the Bill aft!:.l' recess.
\.1J') printed, w1th eyery fnoJity we can (lesire The motion was agreed to.
to judge of its contenta and fimthel' to crlt:ciie
'l'HE LIDR.'JtY OF PABLlkOIENT.
it, nnd now, when three 01' four days e:rlst of
the S-esSiOll in ,yhlOO we have nothing to do,' MOTION.
why shoulcl 'we sit clown ancI pl'actiCt1lly de- Ron. Mr. .ALLAN moved .the adoptioil
ela.re Ol.u·, incompetence to go on with the Bill, of the S·econd Repoitt of the Joint 9y1.l1llli.t.tee
ev~ when we ha.:ve the time to do it ? of Both Ho'l1S'2I) on the Library pfp.M.)=.-ent
He .said : The ;repol"i of the Sllb-co· ·ttee
Hon. Mr. :;IA.ODONALD (B.O.)--Every appointed to conslder the rules governing the·
judge in the counu:y has had the Bill in his use of books of the Libl'9.l'Y by :p1embers of
hands for some time. Par1ium:ent d1.lling the fession·will be fcnmclon
HOll. m. SCO'IT-:Not one ill tell haB pnge 452. Very mUM mco~venien.ce hilS
b~en exper,Lenced wough membe:l.'s taking
looked at it.
from iJhe Library of Pail:liament books of
Hon. Sir JOHN CnDWELL ABBOTT- refel'ence, suCh as those n;1e-ntioned in .the re-
Then those judges have no right to complaIn txmt, and :in mnny instan-ces· keepip.g them
of a.ny defect which they have not objected locked up in their desks for days. The nw..tter
to. Let us pU-..Q,8 the second reading of the was bl"'OUgbJt before the committee, and theh:
Bill. Let us refer it <to (\, CoI11llJ..irttee of the recammeudataon is to be found in the .;:eport.
\Vhole ; let us be.::,oin its el'1ticism aDd go Oll I t1:tink e,ery:body will agree with me -that it
mfu it, as long as time allow" us to do H, is a necessary regulail1'On. The ollieI' cI£l;use
cllrefl.llly iilld ·pl·operly, The moment Ulat of the reJ)OJ.t (1-ea1:$ wLth a matter which has
time fails us we C.lll stop, Bllt let us Ull fbeen brOl.1oofut up frequently ill the Library
-w:hwt we. can to &.1:ve the nece~sity of the Committee. Some members when lea.ving
gl'e-wt labOl.u' of »a.ssiug that Bill again Otltawa. take arway more books than the rules
tillough rtihe House of Commons. The Hou.~e allo.w, and retain them for a longO::.l'" period
at COlllmDus hM"e enough to do ill. till:! ·WHY than they sl;wuld, ha.viing due reg;.lrd to the
(Ie toeh' legislation, uml in the ('t.I~CU8StC)1l.c couveniooce of other members who Play desire

\\'hich they· neces&.u1ly take part in,. witham. to see the same works. The committee there·
hu.Ying a Bm .of 11 thoUSJllld cla.used lUlllging fore recomm~nd tha.t the attenUon of meiUbers
OYer them like n. nightmare through tnt' whole should be called to the rules gOVel1I1illg the use
session, and I should I'egret Yery llluch indeed of these· books, and th-ey· sh:ould me their prj.-
being· placed in the position of haying p.ban- vilege wifu due ro:::-gard to the COllYenience of
doned thut Bill, and ha:ving <to .see the la.bolll' other members. . .
of ilie House of Commons clone OYer again
The motion was %oTee9- to.
next ,s!?ssion. If we Itaye not time to finish
the Bill -let 11S try to lllil.llage, by the ])rocess . A't 6 o'clock the House rose for recess.
thart I 'ha.ve suggested, to ha.ve i,t brought
back J.l~re agam "without going to tihe R~\use
of Commons ;. but I ru.ll opposed to relegat!ng After Recess.
our functions to e).l;>el'ts.
THE ORR!INAL LAW BILL.
Hon. :Mr. SCOTT-trh~ Bill comes already IN cO~nnTTEE.
from what are .suPposed to be e."'qlerts. 1 'llli.e HOllSe l'e.solved itself mto a Commltt".ee
find 'Dlr. 'Dlasters Cl'8_dited with somethlng for of the ,Vhole on Bill. (7) ., IThe Criminal Law.
dra,fting the :Bill, of 1892.'~ ..\
 The, Criminal [JULY 7, 1892J Law Bill. 485.

Bill (74) ".An Aot to amend the Acts re--

sP€<llllngilhe Oim Sernlce." (Sir Jolm cald-
iRon. JUT. POWER 'Said fum!; the clause COll:
'c - well .AJboott.)
tained a nui'ilbel.' of superfluous words. It Bill (36) "An Aot tb amend the Acts incol'-
would -be cleaJl.'er to omi,t them, and much. porartmg the School Sa;v.mgs Bank." (Mr.
roor~ e~egant~
Power.)
Hon. Ml'. SOOTJ; said thaJt the clause bad
been several times befure the Legislatw.'e The Sen'3.lte adjoUl"lled at 11.35 p,m.
and thaJt was rtlb.e..:tinaJ. shape "i'll .which It was
ena:oted; and he thought it would be a mis-
take tp alter ;t.
THE SENATE.
HOIl. Sil JOHN OA"DWFJLL ABROl'T
mid the same la~-d:uage had be-en. used for Ottawc" T1LU1'Sday, July 7th, 1892.
fOlrty yea.I'S and had ,been· found perfectly
'clea·r. 'D)le SPEAKER took the Ohail' at 11 a.m.
':Dhe cla~ was aclopted.
PI'ayerS and routine proceedings.
On clause" 0,11-
DRIililNAL LAW BlLL
HOll. Th', O'DONOHOE tllliquglBt 1:ih&t the
tel'll1 "loaded aa'DlS " was no,t sufficiently com-
IN OOllUITTEE.
l?re'hens1.Ve to illclude breech~loade1's. The Order of the Day -being called, H Rouse
aga·ill in Committee of the Whole on Bill (7)
ilOll. Sil J.OlIN OAI.DWl'lLL ""ARRO IT An Act to amend the Criminal Law.' "
j

movefl i1b.rut the wal'as If lin the baneI" be

sin.1Uck out~ HOIl. Mr. KABLRAOH said: It;s Quite
The moilio'll was agreed to, and tile clause. evident that th.8 feeling of the House yes~
as amooded was ad'0-J;lted. terday was to perfect the Bill before us
On the lO5@l clause,- as far as possible, The Bill was pro-
ceeded "With nlfuough there was Ia.
Han. 1<,1'. READ (Qumte) called wtteI1tlon to strong expression from the House' th..9.t
the fact !fuart the Sena;te had already paesed it was a la1e perIod of the se...~on to under-
two Ellls and sent them to the House of Com- take snob. a woi'k. Tille 1mpol'tance of the Bm
. mons ma.1dng cer:~ provdslions wirl:ih reference vtaS C<iilJ."Ced~d by everyone. Since COu-
to the oollTji.ng· of concealed weapons without fedel'artion·we ha.ve not had befnl'e us a mea&-
1'e-asonruble- cause. He thought i:!he Senate lli'!3 affecting so iJa.rgely ~e right.s, plivi':"
:would stultify j,tse1f if it allowed :this clause to leges and liberties of the subject as this. It
J;k'tSS in its pl;e€'ent shape. is not the principle of the Bill d:ihrut is involved
~e oIamse rwas aUowed to stand. in the disonssion; the only difference of opin-
On"7 lOath cI&use,- ion is as to details, and these details should
receive most caiJ.'ef.tll attention. I have noth-
Han. Mh.'. POVVE-R mOLVed tihat the ma:ti: mg to sa;y agillnst the OhaJirma:n, but I merely
OllUnn Jf""lltY be $100, iru;twd of $50, tOft remark ilhart I never hen.i'd a gentleman 1'e..'l.d
poin'lIi.n~ a loaded fireal.TIl 01' gun at any per- so rapidly as he ·did yesterday. The cl<1>llE.es
'lJll. were read in such a mrumel' that although I
The amendment was agreed to, and the endeavoure.d to fullofw him I was uuable to do .
emuse was passed. so, and as I am. anxious to understand· the
narture md scOope of the se1"e-ral clauses I hope
(Hon. :Mi.'. CJLm£OW, from the colJllJJilbtee, tJhaJt g1'eartel' care Wiill b~ taken. to-da:y to read
. l'epOLied tfuat. they had made some pro~'ess them disiilnctly. Yesterday I several times
and asked leave to sit %crt3.m to-mroi'l'OW at a'$:ed iiliart the c1a.uses be read, but some hon.
gentlemen only smiled Bit my 1'~quest and cried
11 a.m.
"ca,rol.ued," Now, nobody wishes to delay the-
BILLS INTRODUOED. passruge of tibis Bill, but we want to consider-
11 iJhOl'Q~<7ihly. .Although I differ on almost
Bill 1/34) H..A.n Act furtiher to amend the every question from the hon.· senior member'
RanlmfY Act." (Sir John Caldwell Aboott.) for Iful1fa·x I iVlll say this, to bis Cl'~dit, that
35
486 The Criminal [SEN ATE] Law Bill.
wirth the excep-tioll of the Premier hi·mself
nO' member of tibis House gtves t.he same con-
'Stant, paiinmakllig, assiCLtlotts attention to the
leg!rskui:l1on thaJt comes before us that h~ does.
He has Shown a disposition t.o pelfe~t this
Bill, put- when he li€.eS to speak fuere is a
disposftliiOll to hlU~l'Y the clauses through, and
tIi1is must oha,oye a diseolli'a.gtng effeot upon him.
I hope -that my l'tollliU'ks will be taken in the
prDper spil':i:t, and that my objections will not
he considered fJ.'iivolo'llS.
':Dhe House resolved itself into f1 Committee
of ilie 1Vih-ole on the Bill.
. Alfitel' some time Han. JUl'. Ol.;,mow, from
the coon1llittee, reported that they had made
some progress a.ucI asked leave to sit again at
fue lle-Xlt sitting of the House -at 3 p.m.
The report was C:Ollcurred in.
BILLS lNTRODUCED.
iBill (99) An Act to am-encI the Act relalti'llg
jj
to the ha.rbolll' of St. J oJ::J.n, in the Bl'ovince of
New BrunswicJ;;." (~Ir J'ohn CJaltlwellll!bbott.)
The Senate adjoUl'lled at 1 p.m.
Second Sitting.
The SPEAEJlJR took the Chair at 1 p.m.
THE QlOlhlLINAL LAW BILL.
IN 001!rUITTEE.
T!he House resmued in Committee of thB
""bole consideration of Bill (7) H An' Act to
ame-ncl 1Jhe Orlminal Law."
(In the Committee.)
On the W5tlh Clause, sub-3~on "D,"-
Han. :firr. 'lIDAIJ moved to amend the
clause which provi'<les that raffles for prizes of
small value' llIt any baza'l' held for' any rlla..l'i-
ta·ble obj,eot OOo¢d not be 'made an inilichlble
offence by adding the words flwhen the al'ticles
railied for haYe been fu'St offered for &'Lle, and
none of fuem are of a yalue exceeding $50."
HM; Sir JOHN OALDWilllLL A1BBOTT-
I do not s81'l'Ously objeot to the amendment,
but I think it is .c14sadva-niJageous rather than
I t~ it is only fall' to these gentlemen,
advantagoous, and .-will r8Jtihea." wOlIDd the
and to the French-Canadians g~nera.lly, that ..
susceptibilities of a g.reat IIUllly people.
they should be freed from any. accusation
Han. :Mr. VID~It has been the law on that they .desire to p'a.tronlze a:nd. retain the
the Statute-book fOi' -twenty-five yea.rs and lottery in their province.
has never been. found fault with.
lIon. ~fr. BOUL±ON~I wish also to pre-
The amendment. was agreed to.
On sub-section c1," exempting any _com-
,j
pany 01' association' heretofore incorpo;t'ated
by or authorized under the provisions of any
Act of the P-al'liament of Canada1 or any
statute of the Provincial Legislab:~re, to do
any of the Acts in tlllls seotion specJiied. .
Han. :Mi'. VIDAL moved that the clause be
struck out He sa.id: Lotteries are recog-
nized almost universaUy. as being immoral in
their tendencies. We have seen what they
have done in the Dni~d states, where ~Ve1,7
effort is being used to SUllpress thein. We
have only to look at the 'issues of the Mont-
reul Guu.tte last January to see the diS'fi'e-sg-
ing effect on the morals of the p.eople of the
lotteries tha,t are in operation in th~t·clty-. It
has been said that .my French-Canadian
fellow eOlmb.--ymen favour those lotteries, and
I think it is only due to tIiem' ·to. saY that
this is a libel -upon the. French-Canadians,
and is. not a true statement YestenL.'LY
nfter I had made my protest agaiIj-st this
clause, on ilie second readIng of t!1e Bill, 1
was asked. to meet a delegation sent from
Montreal on this very. poiI,lt.. who presented
me with the follo:wing re~olution adop.ted by
the Conservative League in Montreal:
Il At a. meeting of the Conservative League
(Ligue ConservatL'ice), held in Montrea.l on
the 5th of J-uly .instant.. 1892, it'was resolved:
H Thn.t a deputation,. consisti,ng of Messrs.
Athanase Branchaud, Louis Allard, Henri
Archamba.ult, Emile Vanier and 'Luoien Huot,
be requested' to pr0cee4 10 Otb3;wa· to urge
upon the honourable members of the Govern-
ment the importance of .making no ex-
ception towards the PrOvIDee of .Quebec, in
any of the clauses of the criminal code no~
lillder the consideration of the Parliament,
(Lild spec.ially in the clu.uses ha,ving reference
to betting' and 'lotteries."
j .
" That <the League would consider ,any ex-
ception made towards the Province of Quebec
as having a. rtendency to ci.egl.'ade, publiC
sentiments in reference to such -matters, an-a
also as an instilt to the good sense and public
sph'it of the population of this proYiince.
OJ Certified a .b.-ue extract, of the minutes
translated from the. French.
H LUOI;IDN lJUOT,
Il R.~cr~t-a.ry."
sent to .the House a letter sent to me from
 The Oriminal [JULY 7, 1892] Law Bill.
Montreal in i'eference. to' this clause.
It is to in this clan.lse· as her",tofore incol'pol'ated by
. as' follo,,:s' :~ ... 01' auth'Ol'ized under the provision of !Lny Act
RE .ORl:M:INAL, LA.W .AND LOTl'ERIES. of the Pa~:'Thaillent of Canada crumot rt:fel' to
"Dea:r'S~:
"An amEndment which mus:t have esca,ped
the COmmoners ihas b~en introduced in the
cdlllillal low to preyent lotteries authorized
. by the Quebec Government to fall 'under the
opera:tlon. ,of the law.
<I This clause will favour only the Province
of Quebec- lottel'ies, which is ,the only one
now in existence, and wJ;ll.ch has been the
most harmful Qne, because of its high price
tickets, the .grea;t iIlUDlber sold, and the few-
very few-capital prizes patd. In over ftfty
cll'l.l,wings the capital plize has been. paid only
three 01' four times. . ..
" The· profits realized are enormous. In a
single dlwlVmg the lottery has maue over
$20,000, net pr.oflt. . to
"The .society ef.St. Jea.u Baptise does not
get three per cent out of the profits, which
go to private inclividuals, whe, two years ago,
were pOOl' people, and wh.o 'have now Sl.L01p-
tuous .c... u.'l'iages, and are going to the' south in
wdnter..
<l The pest is spreading all over the city.
In nea..rly ·every grocery, saloon, candy shops,
neWSlJaper stands, in. fawries, in mills, every
where ·ttckets are S.old.
l< Tliere· is only aile· way td stamp out the
disease: it lis ·te make no concessions to those
demoralizers. Even. the Quebec Government
will be glad if n.o exemption is made, be:ca·use
its Pl~ue Minister !s oppose(l to. lotteries, and
they will not be haraSSed· by speculartors of
all s.orts.
"Voicing the sentiments .of a lal'ge majority
of electors, I h.ope that the Senate will do its
duty dn fuis matter, aud save our people
·from l'l.li:!l;."
Ron. Mr. MURPHY-I wi£lh simply to velW
whatt the hell. member from Saawa. has stated
in r~ard to my French-Canadian fellow citi-
eiens, and to say that these gentlemoo. who
signed the ~resoluti-on rea.d to. the House' are
:.inos~l~sbeotaible and responSible gentlemen. in
Mont'eal, and to add to his testimony that
there has been a gremt deal of pilferlng and
thi-eving going .on by young people in .that
city to obtain money to proOlu:e tlhese lottery
tickets.
Ron. SiJ: ;rOHN CALDWELL .AiBBOTl'-
I do. not ID:yseli fa,voUl' loiltmies, and I sympa·
tlhize a good. deal wttb. what, hoo. gentlemen
have said with regall.'d to thein. At the same
time: we must no't be led to c.om:m1t injustiDe
by( runy feeling whlch we lbaye in endeavlOluing
to remedy other injustiices, As l'espect.s, this
Jiuse, it is of 'a· general ohacr.'aotel'. I under·
·st:a.ud mt the oompaillY 0.1' associartion refelTecl
351
487
such instIituoons as we a,re Eupposed to be
dMling w<ith. The 'Ored1t Fouci.er of I_ower
CaMda., o11arter~d by this. Parliament) issues
bonds, aald these bonds are redeemed from
time to -time by lot as money comes ju. It is
ue Pl'3.'OtiJce which prevails armong-st railway
comparn:ies a.nd other large companies that
bave large loans. 'I!b.ey dI'a,W the bonds by
lot which are to be l'edeemed. The Credit
Foncier is iihe assooi8JUi..on reter.red to ill ifue
begfuning of this clause, and that is no lot·
tery. Th~ holl. gentleman from Sa,rnia knows
ye~'y well i;h...'1.Jt fue Credit FOllmer is not a lot-
tery. 'Dhe otb.er portion of this clause refers
a ::ome-wilJ.a.t simi1al' associaibion ohn.l'tel'ed
by a statute of the Pl'ov;i!D.Gial Legis1a:t:ure of
QuEibeo, foc the benefit) I ~, of the St-.
Jean BaptisOO Society. It bas taken into
]J-a,rtnershi:p with it, as it were, a company
1iha.t runs tihe lottery and Imys ilie St~ Jean
Baptis'ta Society so much for the pl'LvUege of
di01n:g so. Well, llOW, that is. 110 doubt the
I.otftery 01' assoma.tion whicl1 is pointed at by
the seoond pm.'t of tlI:1ig ciwnse, and I tJ.:llnk a
good deal mig.ht be saM in favour of the ex-
ception·i I do not think that it is such au ema-
ordinary thing that it is made au exception
of here, be:caus~ it,is au exce.ptioll willoh is
sacnobion-ed by 1lhe la:rgest prov:inoo but one of
the Donitill:ou, and it ts au assockution 'whi-oh
has ailreruly e:xip.eruded a considerable sum of
money mder the faith of the U.utlliOl'ity which
thd Quebec Leg~(]-'a:tUJ.·e gave it) and it will
tose a considerable sum of money if tille Lot-
tery Act is put in f.orce agadnst d.t~ I mention
tb.is to show that the clause is not so entirely
destitute of reason as hon, gentlemen would
be led to believe. PerhaJps they are a little
oarl'l1ied ruway: by the fee1ing 'Which they, a,nd I,
ba.ve ag~ft lotteIies. I tihink they are
demoraiHzing, and should not be allowed to be
cam'i.ed on lin the ammtl'y, and the lotta-y busi-
ntOOs was dbaa.'8.cleuized as an .offence before
we ev-er thought of a cod-e" and before a Pro-
vincial Act was passed. At the same tim~
I cannot shut my eyes to the fact that the
Legi!S1atnre .of the' sister proV<i.nce pa&ed the
Act., -and iJoople halVe invested money a;od con.
sequently have rights legally acquired.
HOll. Mit'. PERLEY--iHa,Ye they not twelve
months lIDder tbis Bill ?
ilIon. Sil' ;rOIm O.AJLDWELL. ABBOTl' _
We might oompenga,te them in that way-by
488 The Crimina! [SENATE] Law.Bill.

ex.tenill.ng tlbie time. Wlha;t I propose is an Ron. Sb: JOHN OALDWELL A:BBOTT-
am.endment re1aJting to buSiness rorutters which If this dause !is struck out the exemption
W~ call1lO-t properly c1i...·'IL'egal'd. There is no will be SQ1.1ok out~
possi'ble objection to iile CrediJt Foncier set· Hon. 1\:[1'. MURPHY-Then I will ihave to
tliug how they shaH. wi;thdl-aw: We might
moye au Rlllendinent. I think we should
sa. y thrut this does not apply to ilia Credit not come :In conflict with the. sp.cOlid la.rgest
Fancier du Bas-Canada. Pl'ov:ince in -the Dominion.
Hon. Mr. VlDMr-With reference to the Ron. fur. KADLBAOH-It you sanction
sooi€lty allud~d to and the money invested, I this exemption you will give a monop.oly to
could give some information i:l1at I have be· the existing assOCi9JtiOllS. The lotteries were
co:m.e possessed of. The interest of tihe St~ chartel'ecl in defiance of .the legislation of;;!=hls
Jean Baptiste Society is this : they receive an country, They should have ll-Q sYJD.pi}hy
annual pnyID~nt of $5,000 from the few indio from any of us ; rthey have no sympathy from
v:icluails who have the charter; that is to last me.
fo.!.' five yeru:s, afiter which the sum is to be
in-creased to $10,000 a. year. What doea that Hon. :MI'. SCOTT-There is an important
teach us with l'eference to the question? point ,tbnt Wtlnts to be cleared up. . r have
\Vh~re does the mOilley come from ? compared the draft Bill with' tlJ.e law before
us. Al'e· those lottel'\es now of;feu(lilig ,against
Hon. nIl.'. MITI.JLER--How was the money the law?
use(l?
Ron. Sb: JOHN CALDwIDLL ABBOTT-
. Hon. Mr. VlEOAL-It goes into the pockets Yes; but the. punishment is not so severe
of the very few ine1ividuals who now consti- as this statute makes it. J
tute the syndicate that controls the oliginal
charter. Han. Mr. SCOTT-The question naturally
strikes on~ why have the.v been allowed to
Han. "M1:. NILLER-How 1s the money
used '(
go on and develop if the law was suffici'k.atly
strong" to .prevent rthero. ,
Hon. ~Ir. VID.A..L---I do not know. HOll. Sb: JOHN OALDWELL. ABBOTT-
Some of my hon. friends may be ,Surpiised
Han. 111'. liITLLER-Perhaps you do not to hear me st..'tte why: it is because the
w.ant to know.
spu-it of the people ~s not opposed to it.
Han. 1.[1'. VID.A.L-:-That company cannot Ron. l\:u:. POWER - If the Legls]n.tm'e of
afford to give $5,000 a year out of the profits, Quebec were to undertake to sa,y that it
and where does it come froill? . It is stolen \yould be no hUl'm t-O steal, f;houlcl 'Ye. there-
from the poor under provincial legislation. for \Say lnrceny in. the Prov;in~e·, of Queb~c,
Han. 1fr. l\fURPHY~'e not those two under an Act .of ·the Proyinctul .Legislature,
oharters already in ex.istence ex~mpted? In was no ofience? This 1s just a;n add1tionnl
doing awa.y wdth rtlhese sub-clauses do we l'f',,"lson why we should be more s,trillg~nt,
The amendment, striking out the exemptio'l,
int.erfere with the charters granw.d by the
Legislature of Quebec '1 was adopted.

Hon. Sb: JOHN OALDWELL A:BBOTT- Ron. Sir JOHN OALDWELL ·ABOTT
Y.es, if this clause is struck out. moved au amendment exempting. the Credit
Foncier and the Credit FanCier !iu Bas-Oanada,
Han. luI'. ~fURPHY-'I'hen I cannot support from the opel'ation of the Bill.
it The amendment was adopted.

Ron. Sb: JOHN CAL:QWELL ABBOTT- Han. Mr. MURPHY-Can we :p.ot ,exempt
Is my ihon. D.11end speaking of the lotteries, the tw"o chru:tered societies-the ·Quebec 'lot-
or the Oredit Fancier associations? .h:'ry and the St. Jean Baptiste lott,ei'Y?
Han, 1\Ir. A[URPHY-The lo~teries chart.er· Ron.. Sb: JOHN CALDWELL ABBOTT-.
eel by the Province of Quebec. No.
 Harbour of [JULY 7, 1892] St. John Bill. 489

Hon.. Mr. l\{URPHY-Then there is no UBS The motion was agreed to, and ilie Bill was
of my. moving against it ; I fuld I cannot get read the second time.
,a sec<?~der for >the momon.
13;on. Mr. SCOTT-The Minister .or Justice HARBOUR OF ST. JOHN BILL.
should consider whether ilie clauses already SECOND READli'fG.
in operation wo"uld be suffioiently strong to HM Sir JOHN" OALDWELL ABBOTT
stop :the lotteries. If they go on llOW in moved the secop.d reading of Bill (99) H.An
deft.anee of the la.w, 8m'ely the law should Act to amend the Act relating to the
be 1lfade sufficiently stringent to pUt. a stop hal'bOUl' ·of St John, in the Promce
to~~he}J1. of New J3ru.nswick:." He ,Said: This is
\
~'he clanse, as amended, was adopted. a. Bill to increase the powers of the hal~bour of
H·on. Mr. CLEMOW from the committee,' St John, and to enable them to borrowm:ste..'1.d
-
reported Drogress,' Q.ll.(1 asked lea,ve to sit
of $750"000 which they were authorized1
to
a.gam after recess. borrow by a. statute pa~ed severa- ye3.-1'S ago,
, . one mllllOll dollars, adding two h1mdl'OO and
RAILWAY ACT ..A.1.JEr..TDMENT BILL. fifty thousand dollars to theh' borrowing
power. The debentures which they are al~
SECOND READIXG.
l-owed to issue it i~. expeoted will 1M adV{JJlced
Rim. Sir JOHN OALDWELL ABBOTT upon by the Goverument and the revenue of
movecl the second reading of Bill (84) "An the ha.l'OOm: is such as to justify the Govern-
Act flU'ther to amend the Hallway Act." ment ill adv:auc!.ng this money, it being ample
He . sa-id: Tllls Bill makes pl'o-vJslon for a for fu12l pUl-pose of paying interest upon the
number of detaUs in the aclmmistration of loan. The figures and details of tille revenue
the railways. There is no con"9nutty- in a! the harbour I will be able to show when
them at all j they al'e isoIsked :improvements we go into Committee of the 'Whole. The
o~ the companies management, and when we ha::rboUl' is now paa.~tly owned by the olty of
get into committee of com'se we can take St. Jolm. and pa,lly by indIviduals. Thcl reo
them up. one ~y pne. v-e-nne of- the ptJl'tion owned -by the city is
about~ $34,000 a year, ailld the l'evenue of the
'Ilhe mati-on was agreed to, and the Bill was
rea-d the second time. portion owned by individuals is about $18,000
a year. It i~. proposed to allow the commls·
. OIVIL SERVlEOE AOT ,AMEl\'DMilllNT BILL. sioners to acqui:re bofu the portion owned by
tIh~ city and the pcQ'l_iion o·wned by individuals,
SECOND READING.
and as the acquisition of the Jitter will, pel"
Hon. SU' JOHN CALDvVELL ABBOTT Imps, tk'l.ke some time, the Bill provides for the
move<:l the second reading of Bill (74) ".An retention of a P01'iiOU of the money in the
Act to amend the Act respectmg the Civil hands of the GovernillBnt 1m-til it is applied
Servi-ce." He said: Thi'd is a Bill to amend to that pmlJ:}ose.
on-e of the clausee-. of the Civil S-erYice Act
whioh has beei:L producing some diffioulty. By Hon. :nIl'. POWER-lV"ho are to appoint the
tlle eim Servi-ce Act those persons who were commissioners ?
In the employ of the Government previ-ous to
its. enactment were relirdved of some of its HOll. SIT JOHN OALDWELL ABBOTT-
comlitio-ns, as rthey could not h~ve a,i--em:oal(:,tive The HOl1se will perceive that the revenue now
. eff''OO.R Some cllflioutti is now eXpel'i'2-11Ce;cl is aibout $48,000, 1il1ou~h the hml'bour is in a
in' COll.tiin:ning them in tpelr employment. ~ery ·:incomplete ~lta:te. The Governor in
The object of this Bill is to C3xry out ~e Co1illCil will appoint a majo11ty of thd com·
spil'J.t of the CLvil .Sel'1'ice Act ill allo'Wing missioners. The city of St. John will ap·
tili.e-se persollB to be continued without ref8-r· point two of the five, I· think. My recolie(}
B.nce to' the IJrovlsions of the Civil Service Act, tlon is tl11.."lJt. tih-e Government will. 8JDPoint
whidh, by the conditions o-f the cIa·use that is tbl'ee. The only condition is that they shall
to be amended, were :p.elc1 not to be prOl)e-l'ly be residents of the oity of St. John.
applireble t,o them. . The exa.ct de-mils of the
.~ ClaUSd I ~ sta.te when the Bill is in commit· F(101l. JUl.'. K.A.ULBACH-How In.'e they to
tee. [l.CqUil'd the prope;r.ty of illdi'Viduais ?
I
494 The Oriminal [SEN ATE] Law Bill.
i
I
I
jection; but ·1:ll1ere is more than that in it. of the han. gentleman from Halifax, and with
The bank is for servants a.s well ns for the permission of rthe House I will Withdraw
chllC'ITen, and mth a m.:illion dollars stock a,nd my amendment.
only $250,000 subscribed and paid up, witih~ The Bill was then read the secoll(l tiJl?e.
out ally double liability, it is a dangerous
Bill for '1.18 :to Dass. .'lfu.'ey should be governed THE! PRINTING OF P .ARLIAMENT.
by the Banking Act of 1871 and the .Aot of
TEE ELEVENTH REPORT OF THE .tOINT OOM~
1891, which not alone guardecl the depositors lIITTEE OF BOTH HOPSES ADOPTED.
but contained other &'1..feguards for the
public. Oue of the provisions was that 20 Hon. :Mi.. READ moveel 'the adolJ'tion of the
,per cent of the secm'itles must be in Gov- Eleventh Report of ofue Joint Con:un.tttee' at
ernment bonds, as a guarantee to cleposH.ors both Houses on the Printing of Parliament.
that they will be proteated. The O:ty and He said : This report recommends that certain
District Sal'ings B-a·nk ilave deposited neal'Iy documents be printed, and certain other
half a million of MOllu..eal city bonds, documents be. not printed. Lt ·also recom-
au whlcih they make nothing, but which Rl'e mends the dism1lbutlou of twenty if:J:tousand
kept there as a seomity for depositors. J copies .of the Experimental Farm repollt. The
therefore move fua.t the Bill be not now read attention of the Horu;e is also drawn to the
the second time, but that it be 1'e1],d the second faot of the enormoUs expense that is elltaHed
tbne this 4ay tlll.'ee months. on the C01.Ultry by members moviitg for papers
which .are brought down and printed, and
Hon. ill. McMILLAN-They got their nobody' ever looks at
cha,llter in. 1886 ?
Hon. 1ul', McilllLL.AN-Tha'b does not apply.
Han. Mr. MURPHY-Yes. to this House.
'Hall. 1\1):. McillILLAl~-Did they evee do ROll. Mr. READ-It does. It applies to
any business lmdel' tt ? this Hol.l.Se as well as the House of CominOns.
Some of these l;eturIlS are prInted at a cost 1-
Hall. l\Ir. l\IURPHY-I mUllot say. ,Vhell
of two thousand odd dollars, and others the
they got rtheh' chal,ter first the capitll stock
copying alone costs some1foul' .hundred dollars,
was only ~250,OOO. They now ask to bave
and are never read except by the gentleman
it mcreased to . one millitm, and when they
who moves for them.
have $250,000 subscrIbed a~d >pa-id up they
go into opel'altion w.i:thout any gnamutee thai Han. .1fi'. ALMON - DQes it recommend
. if there fa a loSs there will be any funds to that tWenty thousand cop.:es C!f the Expert·
CU'fLW upon. mental Farm report be printed for circula-
tion?
Hall. 1U1". POWER~here is a great deal
of force ill the observations made by the hall. Han. l\Ir. RE.A.D-Yes; a.ndaFrenchemtion
gentleman from Viotor.l.u, division. I do· not as well.
question his statements at all, and looking
ovel' the origillal chalter of the company I Han. :Ml'. ALMON-I consider. it a great
see t~el'e Is a great absence of protection to waste of money.
depositors: at the ~ame time, it is not the The report was agreed to.
usual course for this Rouse to reject a plivate THE! ORLlLINAL LA.W BILL.
Bill 01+ the secolld reading. I thillk it' is
AGAIN IN aOMi'I'IITTEE:
better to allow the Bill to go to .the Com-
mittee on Banking and Commerce, and they The Rouse resumed in Committee of thd
will likely ha;v:e .a meeting illis afternoon, "Wib.ole cOnsiderati'Ou of Bill (7) "An Act to
all?- if they conSider it is not wise to proceed amend the Or.lmi.nal Law." .
with the Bill they can so l'epOl'i;' to the House. Hon. Mr. OLlDilIOW, from the committee;
Hon. Sir JOHN CALDWELL ABBOTT- l'eported that they had made some progJ;ess
'l1b.a..t is' the proper way. with the Bill, and asked leave to sit again .at
the second reading of the HO\lSe to·day!
Ron. Mr. MURPHY-I have no objection,
and am quite srutls1ied rto accept the proposal The Senate adjourned at 1.10 p.m.
 The Harbour of [JULY 8, 1892] St. John Bill. 495

and that they should not be pmmitted to

Second Sitting. spend m{).lJ.eY on ilie part of the haa:bour whloh
The SPE.AliER took the Ohajr a.t 3 p.m. now belongs to the city. I propose to sug-
gert an amendment to tho Bill, embodying
LRoutine .proceediu:".<YS. that idea. By the A.ct of 1882 the Commis-
. TRE ORlMIN.A!L LAW BILL. sioners have rthe right to buy the harbour be-
lon"ofug to the clty for $500,000, thus dispos·
The Rouse l'eSUllleO. in Committee of the ing of so much of the loall, and so much of
Wiholt3 consideratil)U of Bill (7) II An Act l'e- the l'.e11l2.!imI-m' of ,the loan as is reQt1ll'ed to PUl'"-
SIH~CtJhlg :the Criminal LMv," chase rtb:e pr1vate -whul'Ves, a.ud the bal8.illce
Hon.. Mr. OLEMU'iV, from the committee, will be devoted to the improvements I ha;ve
rep61'ted the Bill wtth sevel'3.l amendments. smted. I sugge~ 3£. a :third clause to the
Bill, the following, to ca;rry out that inten~
The' report was agreed 00 and the amend- tion :-
meuts Wt3re collG"lU'l'ed in.
8. "The foul.'ltb. pM'3..gl."<l.ph of the said Sec-
Hon. SiT JOHN OALDWELL ABBOTT tion eig'ht of the said Act is he-l'eby amended
moved 'the t.1J.h·d reading of the Bill. by iru"ertlng at the be.,oiJJ:ming thereof the fol~
lo"wg words: If-rnm tihe l''2>maillder of the
The SPE~R-It being 6 o'ciock, I now sum so l'aised, a sum shall be reserved sufli·
oient in the opinion of the Governo\L' in C-oun·
leave the Chair. cil to make the payments requn:ed for the
pUl'cbase and acquisition o;f other wha.rf pro..
After Recess. pm·ty as hereina;fiter pl'Owded, and for the
repair and impl'ovemrot thereof, and fo'l.' the
ROll. Sir. JOHN O.A!LDWELL ABBOTT- const1.'uctJion of such works 3£. may llnpro;ve
It nO' hon, gentleman has any other suggestion the fa.clli:ties f{)1' shipment th:e-rem; and by
to make, 1; now move the iihird reading of the stl'likdng ov:t from the saicl clause the WOl'ds
'for the punmase and acquisition of other
Bill, "An Act respecting the Oriminal Law," wLlm.nf prope:l.'ty ·as i1rere.:in~· pmvid'ed, aD:d.' "
as amended.
The motion was -agreed to, and the Bifl was Hon, ].ft.. POWIDR-----J do not think it is the
read the third 1dme and passed, duty of tibis House to raise any question as to
its oW::U powem in amending a money Bill,
THE HARBOUR OF 8'.r. JOHN BlLL. and if ilhe other branoh of Parliament does not
TrURD R~ADI:XG. object we have no reason to do so,
The House reoolved itself inm a Comillittee ROll. Sir JOHN OALDWELL ABBOTT-
of the Whole on. Bill (QO) ".An A:ot to amond If the gr-ant is not Cllirtm1bM the oondJ~ons or
the Act reln;fuig to the Hal'bOlU' of S t. John, details, I II.mcl.el-staud, of the g.rilut, J11,.1.y be
in the Province of New Brunswick,lI amended by tINs House.
ROll. Sir JOHN CALDWELL ABBOTT- Han. 1\IJ', POWlDR-I am very gIa.d to hear
There is a point on which I 'do not 1:lbink the 1t~tor that Is [\, doottill'e I ha.ve lilad" clown fre·
Government of the ooun.1n.'Y. is suffioiently ];lro- quently in this HO'use, and for which I have
tected, in the wa.y this Bill l1a.s comd to us. been very- much sat upon when I urged it.
The objeot of the Bill is to enable the Harbour
Ooro.missioners to buy the harbour belonging Ron. Sir JOHN OALDWELL .A.BBOTT-
to the city of Stf J 000-, fox the sum of $500,,, I hope iny hon. friend ~ not t)J.'ge it often.
000; ,which is the sum it oost, and which is
Ron. ldl'. W ARK-The great want in the
,tille sum now repres~nted by debentures, which
harbour of St. John now is an elevator and
wILl be taken up by the oity. The remamder
the .:first expenditure the people of St. John·
. of the iloan is to be' devoted. to the. pur-chase
require to make wouJil be in establishing. a
of the pi1va.te wb.a1'Yes ill thB harbour, and
snttable wharf for ocean steamers to load and
qther improvemenrli:, and also to the 'jmproye..
-unload at~ Is this amendment gOing to pre~
"meut and ~xrt:e.nsion of the han.1bour, the oon.-
vent the commission from undertakIDg that
StallCtiOri of "an elevMor, alld so on; but it
work?
a.PlJeaIS .to me that we require to be certam
i:ib:at there shall be a suflicl.ent aID<lunt left of Ron. SiT JOHN CALDWELL ABBOTT-

.
- the adva.ruce' to· emajble'the ColJ11llisslone:rs to
.
ebuy iihese extra what'Yes and improv-o theall,
No ; the language of the appropriation fnr the
harboUl" itself is amended by this Act giving
 In [JULY 9, 1892) Gonclu&ion.
arteries of the Uuited States. These haye no C011-
nection.-with each other and a, large portion of the
popuiation is entirely without the meal1S of re.'lCh-
iug a. market. That is the ouly case where a
subsidy is granted even in a. populated country.
AU the' rest are fOl; railways through sections of
the ~Qnntry where population is sparse, and where
they do not create competition with o:ny existing
railwa-y~ . These are, the principles on which this
app~'1priatiol1, iu so far as it is uew, is framed,'"
and I do not think that even amongst the other
there is any case where the appropriation WOl)ld
assist in - creating direQt competition with any
. other railway. l'y{y hon. friend from Prince Edward
IslanJ is· rather severe in his criticism of the
amounts 'which we are giving for railways, and
wrong, I think, in the principle he would adopt---
that is '0 say, that he would confine the grants
for railways to those ,;,hich are for the benefit of
the 1?ominion, and not to those which are f~r the
benefit of a locality. MY,~on. friend might recall
to ~im"el£ an iustan~ where a very large sum
indeed has bee11 expended in buildiug a railway-
not only in .subsidizing to the extent of $3,200 a
mile, but in actually building it, and that, too, for
the -Penefit of a locality. No-doubt it· is an im-
portant locality, the province which. the hou.
gentleman represents; nevertheless it is a locality,
a1l{~ this road was built and is run by the Dominion
at a loss of about $100,000 a year. Of course this
circumstance might, to a certain extent, have the
effect of restraililng too great liberality towards
that particular locality in other respe.eta; and I
only ~'efer to it as an illustration that what is a
benefit for a locality is for the penefit of the Dom.
inion. The Don~inion is but an aggregation ·of
localities, fl;nd the Canadian Pacific Railway is the
only enterprise that coul~,·as a railway entel'pri~e,
henefit the whole Dominion, ane1 possibly. also the
the transatlantic, steamers; but as applied to
.railways in the interior of the country it is im·
possible to make that distinction that· we shall
not help a railway unless it benefits. the whole
Dominion. . adjourn.
Hon. Mr. ])EVER--I think the Intercolonial
Railway benefits the whole Dominion.
HOll. Sir JOHN CALDWELL ABBOTT--'The
whole o~ what constituted the Province of Canada
u·t t~at time, I do not know the meritS of the.Souds
breakwater .that illY hon. friend refers to. I know
that there were ::;everal votes of that description
tl,at were all gone .through. 'carefullYl and it was
i§p110ssible to grant them all. Ineleed, we might
have voted th"\ whole revenue of the Dominion in
grants of that kind, and it was absolubely necessr..ry
that they should be scrutinized carefully in ortier
(jin
to selectthos~tbatweremostnrg~utaudnecessary.
I presume that if iny hon. friend's breakwater has'
not received assist.ance; it is because it wns felt
there were others that had s~rollger claims. If it
is only a matter of repairs, thers is 0. snm voted to
the department for general repairs, anel if the
repairs the hon. gentlemaul'cfers to are so exn.ctillg
ar,d 'neCf'.ssary as he points.out, it could be brought
to the notice of the Minister of Public Works, who
conld apply-a small portion of this vote to keep
the br.eakwn.ter in repair.
The motion was agreed to, and the Bill was read
the third time and passed,
THE SUPPLY BILL.
Hall. Sir JOHN CALDWELL ABBOTT moved
the third reading of Bill (100) "An Act for grant.
iug to He~ Majesty certain 'sums of money required
for defraying certain expenses of the public service,
for the financial year ending the 30th" June, 1893,
and for other purposes relating to the -public
-service."
The motio~ was agreed to, and the Bill wa.s re:td
the third time and pasl>ed.
IN CONCLUSION.
Hon. Sir JOHN CALDWELL ABBOTT-I con.
gratulate the House 011 the work we have succeeded
in getting through this session .. $,lthough O1}.r
labours have not been so severe as might have
been expected, excepting during the la-st week or
ten days, I l).ope every hon. gentleman agrees with
me that we did rig\lt in applying ourselves to the
important. work before us, and that.we did fairly
good work in amending it. I must express my
indebtedr!.el>s to members on both sides of the
House for their fairness and moderation in all the
debates which have taken place, and ior the con~
Sk1.nt and absolut.eattention which they have giYen
to every measure brought before us, as, I think,
entirely· without regard to party feeling, and
it is very much to the credit of the House that I
am able to say so. I·move that the House do now
.
The Senate adjourned at 1.15 -p.m.
THE PROROGATION.
This day at 3 o'clock p.m" His Excellency
the Governor· General proceeded in state to
the Senate Chamber in the Parliament Build-
ings, and took his seat upon the Throne.
The members of the Senate being assembled,
His Excellency was pleased to cOIl?mand the
a.ttendance of the· House of Commons, and
that House being present, the following Bills
were assented to, in Her Majesty's name, by
His F.xlJellency the Governor General, viz,:-
R
522 l'ke [&ENATEJ Prorogation.
An Act respecting the CObotlrg, N ortlllunberlallc1
and Pacific Ra,ilway Company.
An Act respec~ing certain railway works in the
city of Toronto.
An Act to incorporate the Victoria Life Insur-
ance Company.
An Act respecting t~e ~ell Telephone Company
of Canada.
An Act to incorporate the C'l.nso ancl Louisbourg
Railway Company.
An Act respecting the Ontario Panific Railway
Company.
An Act respecting the Pontiac Pacific Jllllction
Railway Company.
An Act to confirnt' an agreement· between th~
Tobique Valley, Railway Company and the Cana.
dian Pacific Railway Company.
An Act for the relief of 'James Albert Manning
Aikins.
An Act for the relief of Herbert Rimmiugtou
Mead.
An Act for the relief of Ada. Donigan,
An Act respecting the Great Northei'n Railway
Company.
An Act to confal' all the Commissionel' of Patents
cert..'\in powerslfor the i'elief of Cad Auer Von
v-Velsbach and others.
An Act respeq~ing th.e l:vIanitolm and North.
Western Railwa.y Company of Canada.
An Act respectin'g the Alberta R-ailway and Coal
Company.
An Act to incorporate the High River and Sheep
Crcek Irrigation and Watel' Power Company.
An Act respecting ~re Canada Atlantic Railway
Company.
An Act to incorpol'at~.the Winnipeg and Atlantic
Railway Company.
An Act respecting the tendon and Port St<Etnley
Railway Company.
An Act to incorporate the Buckinrrha1l1 and
Hevre ~iver Railway Company."
An Act to revive and amend the Act to incor.
porate the Brookville and .New York Bridge Com-
pany.
An Act to incorporate the Dominion Millers'
Association_
An Act to amend an Act to lllcorporate the
Manitoba ancl·Assiniboia Grand Junction Railway
Company.
Au Act respecting the Montreal and vV;stern
Railway Compa~y.
An Act resEect.ing the Chiguecto Marine Trans-
port Railway Company (Limited.)'
An Act for the relief of Hattie Adele Harrison.
An ,Act for th'e relief of .James vYright,
Au Act respecting the Ottawa City Passenger
Railway Company.
An Act respecting the "Montreal and. Lake
Maskinonge Railway Company:
An Act to revi \'e and amend the Acts respecting
the Ottawa, yVctddingtoll all(i New York Railwa.y
and Bridge Company.
An Act further to amend the Inland Revenue Act,
An Act respecting tl1e Midland Railwa;-.' of
Canada.
An Act further to ameud the Patent Act.
Au Act to ~Htke fmther provision 'respecting
granes of }[I,11d to meluhers of the 1'.l'ilitia Force 011 , .
active service in the North-West.
An Act to incorporate the Ottawa Vtblley Rail-
W1;\,Y Company.
An Act l:espectillg the Voters' "Lists qf IS91.
An Act further to amend the General Inspection
Act.
An' Act further to amend H The Winding-up
Act."
An Act to incorporate the Burrard Illle~ Ttmllel
and Bridge Company,
An Act further to amend the Dominion ,Lands"
Act.
. An Act to readjust the represent.ation in the
House of Commons,
An Act respecting the Harbour Comm-LS8ioners
of Three Rivers,
An Act further to ame~ld the Railway Act.
An Act to amencl the Acts respect~lg the ,Civil
Service.
An Act fllrther to amend the Ch41cse Immignt-
tion .Act.
An Act to amend the Act respecting the Senate
and House of Commons.
.An Act further to amend the Acts respecting
the duties of Cl.lstorns.
An Act respeoting the bounty on Beet-root
Sugar.
An Act to authorize the granting of suhsidies ill
aid of the construction of the lilies of railway
therein mentioned.
An Act respecting the Criminal Law.
An Act to amend the Act relating to the R1.r-
wick.
,
bour of St. John, in the Province of New Bruns-
. .
Then the Honomable the Spe..'\kel' of the Housc
of COlUmons .addressed His Excellency tl).e Governor
Generfl.l as follows:-
"The Commons of Canana have voted certain
sl1.pplies required to enable the Government. to
defray the expenses of the public service:
"In the name of the Comrn.ons, I present to YOlll'
Ex.cellency the following Bill: ..
'Au Act for gml1~il1g to Her Majesty c:e1'-
t..'\ill ~lUl1S of money required for defraying
certain expenses of .the pu?lic sel-vice,
for the financial year ending the 30th JlUle
R
 The [JULY 9, 1892] Prorogation. 523

1893, and for othel' pm1Joses relating to that Colony, and that in the meantime all
the Imblie service.' cftuses of fm'ther dispute, 01' irritation, ha,va
to . which Bill I humbly request Yom' Ex· been rell1ovecl.
A representation hrls been made by the Ad-
cellellcy'~' assent." .
ministration of the United States that the
To tJrls Bill the Royal Asseut was signified schedule of tolls, which has been in force
iu, the following words :- upon the Cunadian C'..-'111als for some yeiD's
past~ OlJel'l1tes to the disadvantage of the ship,
'\ II -tn Rer lfajesty's name, His Excellency ping and proclucts of United States citizens
-be Goyernol' General thanks Her loyal sub· on the G:rea-t La-kes, Thls complaint has be€n
jects, acCepts their benevolence, and assents examined and discuss-ecl iyith the authorities
. to tbis Bill." f
of the United States, and a proposal has been
submitted on behalf of my GOi'"€l'lllllent, that
Atter whicli His Excellency the GoYemo! the United States will restore the concessions
Ge)l~ral was pleased to close the Second Ses- that were made on the part of that colmh"y
by the Treaty of Washington, as an equtvfl-
sion of the Seventh Parliament of the Dom- lent for concessions on the part of Canada as
inioJ;!. With the following to the cana~, but which were mfufu'l1wll. by
SPEECH: the Uniteel States -mthout cause, so far as
Ca-llCtdn. is concemed, This. proposal has not
set been replied to, but it is hoped that the
HotwvYrable Gentlemen oj the Senate, fuh'lless of the position taken by my Go,ern,
ment will be duly appreciated by the Gavel'll'
Gentlemen of the House of Com.1'nons : ment of the United States, so that nll further.
lllislUlderstanc1llig on this question mny be
In relie~ you from fiu'thel' attendance in avoided.
PQ.l'lin.nient I congratulate you 011 the u,sefu]
legiSll'ttion which has resulted from your IJentlelllen- of the House of Commons,'
delibemtio~s during this long and aI'UUOUS
session. . I h'USt that the prOvisions which you ha1'e
made for rthe public sernce :t\111 be fouud ample
The'adoption of t~e Code of Criminal Law for its demands.
will confer a great benefit on aU classes who
are concerned in the adlllinistration of that Hononl'abie GentleJnen of tIle Senate:
br'l.1llch of jl.U'isprudenGe {Lilld [s un achie1'e-
n;t.ent which will reflect credit on the PUl'lia.- Gentlemen of tlu~ House of Common,s.'
ment of Cannda, At the close of this session I take leave ot
TJJ.e difficult task of re..'1djusting the repl'e- you, "ith the hope that the sacl'lfices ,yhich
senta;tioll of the people ill the House of Com- you have been called on to ma.ke by so pro-
mons, in nccordance with fue Census rettll'ns, b:acted an attendance may be rewardeel by
has $ :been accomp;llshed with comparattl'ely proof that your lab om's have be-en fruitful of
little disttu'baJ.1ce of existing electo'l.'al divi- benefits to the Dominion, and that am' people
sIons, and in a manner that I hope will prove in evers part of Oanada may likewise be
to be &'1.tiSfa-etory i!n its operation, blessed with prosperity in the D.i.l.lTest season
The legislation relating to the 'North-,Vest which approaches.
Territorfes, Do.rn.inion Lauds, Railways, Pa- The Speaker of the Senate then said:
tents, ancl to the Inspeetion of Pro"Visions,' and
the various other meastu'es whi~ h..q;ve been Ho-now'able Gentlemen 0/ the Senate, and
completed, are calculated to benefit the indus- Gentlemen of the House of Commons:
hial and collllllercial interests of the cOlmtry,
and 1:0 promote its general welfare, It is His Excellency the Goyernor Generfll's
You have been doubtless' gratified by the will and pleastu'e, that this Parliament be pro-
nnnOl'lJlcement that the Government of New- rogued lUltil Thm'sday, the eighteenth day of
fOlmilland is likely to hold a friendly confer- August next, to be ~lere heIdI and this Parlia-
ence with my GoverDJl1ent upon the cliffer- ment is accordingly prorogued· until Thm'S-
enees which had a~'isen beml.,*n Canada and day, the eighteenth day of Augnst ne:x:t.
 ACTS
OF THB

PARLIAMENT
OF THE

DOMINION OF CAN ADA

PASSED IN THE SESSION HELD IN TIlB

SIXTY-THIRD AND SIXTY-FOURTH YEARS OF THE REIGN OF HER MAJESTY

QUEEN VICTORIA
BEING THB

FIFTH SESSION OF THE EIGHTIf PARLIAMENT

Begun and holden at Ottawa, on Ihe First day of February. and closed
by Prorogation on the Eighteenth day of July, 1900

HIS EXCELLENCY THE

RIGHT HONOURABLE Sill GILBERT JOHN ELLIOT, EARL OF MINTO

GOVERNOR GENERAL

VOL. I.
PUBLIO GENERAL AOTS

OTTAWA
PRINTRD BY SAMUEL EDWARD DaWSON
LAW PRIN1'ER TO THE QUEEN'S MOST EXCELLENT MAJESTY
ANNO DOMINI 1900

HeinOnline-- 1900 vol. r 11900

 63- 64 V leT 0 R I A;

CHAP. 46.
An Act further to amend the Criminal Code, 1892.
[Assented 'to 18th July, 1900.]

H ER Majesty, by and with the advice and consent of the

Senate and ,lIouse of Oommons of Canada, enacts as
follows:-

I. This Act may be cited as The Criminal Code Amendment Shorltit!•.

Aa/,1900.

2. This Act shall come into force on the first day of Coming into
January, 1901. lo_

S. The Criminal Gode, 1892, is amended in the manner set 1892, c. 29,
forth in the following schedule :_ amended.

SOHEDULE.
Section S •...,By repealing sub-paragraph (i) of paragraph (e)
as that snb-paragraph is enacted by ohapter 40 of the' statutes
of 1895, and substituting the following therefor : -
" (i.) In the province of Ontario, the Court of Appeal for
Ontario."
And by repealing sub-paragraph (i) of paragraph (y) and
.uhstituting t.he following therefor :-
" (i.) In the province of Ontario, the High Oourt of
Junt;ee for Ontario."

By inserting the following section immediately after section

166 :-
. "JUGA. Everyone is guilty of an indictable oifenco and liable
to one year's imprisonment, who, by failing to perform any
legal dnty. permits a person in his lawful custody on a criminal
chnrp:e to escape therefrom."

Section 179.-By substituting the fonowing therofor:-

" 179. Everyone is guilty of an indictable ofience and
Iiahle to two yeurs' imprisonment who knowingly, without
luwful justificlltion or excuse-
VOL. 1-18! 275 " (a.)

Hci110nlinc -- 1900 vol. I 275 1900

Chap. 46. Criminal Gode. 63-64 VIOT.
town or other mnnicipality, wherein such bazaar is held and
the articles, raffled for thereat, have first been offered for sale
and none of them are of a value exceeding fifty dollars; or
"(c.) the Credit Foncier du Baa-Canada, or the Oredit Foncier
Franco-Oanadieu."

Section 207.-By substituting the following for paragraph

(a.) of subsect.iou ono thereof:-
"(a.) not haviug any visible means of subsistence, is found
wafldering abroad or lodging in any barn or outhouse, or in
any deserted or unoccupied building, or in any cart or wagon,
or in any railway carriage or freight car, or in any railway
building, and not giving a good account of himself, or who, not
having any visible means of maintaining himself, lives without
employment."

Section 208, as amended' hy chapter 57 of the statutes

of 1894.-By adding at the end thereof the following proviso:-
"Provided that no age,l 01' infirm person shall be convicted
as a loose, idle or disorderly person or vagrant for any reoson
coming within paragraph (a) of section 207, in the county of
which he has for the two yeors immediately preceding been a
resident."

Section 210.-By adding thoreto the following snb.ection:

"8. In this section the word' gnnrdian : has the same mean-
ing as, under section 186A, it has in sections 183 and 186."

Section 264.-By substituting the following therefor:-

"264. Everyone is guilty of an indictable offence and
liable to seven years' imprisonment who, without lawful
anthority-
"(a.) kidnaps any other person with intent-
" (i.) to canse such other person to be secretly confined or
imprisoned in Oanada against his will; 01'
" (ii ) to cause snch other person to be unlawfully seut or trans-
ported out of Canada against his will; or
"(iii.) to cause such other person to be sold or captured as a
slave, or in any way held to service against his will; or
"(h.) forcibly seizes and confinesorimprisons any other per-
Bon within Canada.
"2. Upon the trial of any oftence nnder this section the non-
resistance of a person so unlawfully kidnapped or confined
sball not be a defence nnless it appears that it was not caused
by threats, .duress or force, or exhibition of force."
Section 278.-By repealing this section and substituting the
following:- .
"271;. Everyone is guilty of an indictable offence and liable
·to imprisonment for five years, and to a fine of five hundred
dollars,
278 " (a.)

HeiIlOnline-- 1900vol.12781900
1900. Crimillal Code. Chap. 46.
"(a.) who practises, or, by the rites, ceremonies, forms, rules
or customs of any denomination, sect or society, religious or
secular, or by any form of contract, or by mere mutual consent,
or by any other method whatsoever, and whether in a manner
recognized by law as a binding form of marriage or not, agrees
or consents to practise or enter into
" (i.) any form of' polygamy;
"(ii.) any kind of conjugal union with more than one
person at the same time; or
"(iii.) what among the peraons commonly calle d Mormons
is known as spiritual or plural marriage; or
"(b.) who lives, cohabits, or agrees or consenta to live or
cohabit in any kind of conjugal union with a person who is
married to another, or with a person who lives or cohabits
wi th another or others in any kind of conjugal union; or
"(c.) cclobrates, is a party to, or assists in any such rite or
ceremony which purports to make binding or to sanction any
of the sexual relationships mentioned in paragraph (a) of this
section; or
"(d.) procures, enforces, enables, is a party to, or assists in
the compliance with, or carrying out of, auy such form, rule
or custom which BO purports; or
" (e.) procures, enforces. enables, is a party to, or assists in
the execution of, any such form of contract which so purports,
or the giving of any such consent which so purports."
Section 2S4.-By substituting the following therefor :-
"2S4.Every one is guilty of an indictable offence and
liable to seven ycars' imprisonment who, with intent to deprive
any paront or guardian of any cbild under the age of fourteen
years, of the possession of Buch child, or with intent to steal
any article about or on the person of such child, unlawful)y-
"(a.) takes or entices away or detains any such child; or
" (b.) receives or harbours any such child knowing it to have
been dealt with as aforesaid.
" 2. Nothing in t his section shall extend to anyone who gets
possession of any child, claiming in good faith a dght to the
possession of the child.
"3. In this section the word' guardian' has the same mean-
ing as it has in sections 183 and 186, as interpreted by section
I86A."
Section 2So.-By substituting the following for subsection
1 thereof:-
"21'10. A defamatory libel is matter published, without
legal justificatiou or excuse, likely to injure the reputation of
any person by exposing him to hatred, contempt or ridicule,
or designed to insult the person of or concerning whom it is
pnblished."
Section 306.-By Bubstituting the following therefor :-
"306. Every one oommits theft and steals the thing taken
or carried away who, whether pretending to be the owner or
81 279 00'
HeinOnlille -- 1900 voL I 279 1900
12 Chut>. 40. Criminal Code. 63-64 VIOT.,
person accu'ed, and that his counselor solicitor had a fnll
opportunity of cross-examining the witness, then if the deposi-
tion pnrports to be signed by the judge or jnstice before whom
the same pnrports to have been taken, it shall be read 'as
evidence in the prosecu tion withont further proof thereof, nnless
it is proved that such deposition was not in fact signed by the
jndge or justice purporting to have Figned the ~ame.
"2. In this section the word' deposit.ion' includes the
evidence of a witness given at any former trialnpon the same
charge."

By inserting the following section immediMely after scetion

701 :-
"7..,IA. In order to prove the age of a boy, girl, child "1'
young persun for the pnrposes of sections 181, 186, 210, 211,
216,261,269, 270, 283, ~84 and 934A, the following shall be
sufficient prima facie evidence :-
" (a.) Any entry or record by an incorporated society or its
officers having had the control or care of the boy, girl, child
or young per, on at or about the time of the boy, girl, child or
young pcr.on being brought to Canada, if such entry. or record
has been made beforc the alleged oft,mce was commItted. -
"(b.) III the absence of other evidence, or by way of corro-
boration of other evidence, the judge 01', in cases where an
offender i. tried with a jury, the jury before whom an indict·
ment for the offence is tried, or the justice before whom a pre-
liminary inquiry thereinto is held, may infer the age from the
appearnnce of the boy, girl, child or young person."
Section 702.-By substituting the following therefor:-
"702. 'When any cards, dice, balls, counters, tables or
other instruments of gaming used in playing any nnlawful
game are found in any house, ronm or place suspccted to be
useiI BS a common p:aming house, and entered under a warrant
or orelcr issued under this Act, or about the person of any of
those who are found therein, it shall be prima facie evidence,
on the triul of It prosecutio11 under section 19801' section 199,
that such hOllSC, room or place is used as a common gaming
house, allli thut the persons found in the room or place where
such tublcs or instrnments of gaming are found were playing
therein although no pluy was actually going on in the presence
of tho oilicer entering the same under sllch warrant or order,
or in the i,resence of those persons by whom he is accompanied
as aforesaid."
Section 70:J.-By substituting the following theretor:-
"703. In allY prosecution uncler section 1H8 for kecping
II common gaming house, or under section 199 for playing or
looking on while any other perwn is playing in a common
gaming honse, it shall he prima facie evidence that a house,
room or plnce is used as a common gaming house, and that
the persons found therein were unlawfnlly playing therein-
286 "(a.)

HeinOnline -- 1900 vol. I 286 1900

1900. Criminal Code. Chap 40. 18
" (a.) if any constable or officer authorized to enter any house,
room or place, is wilfully preveuted from, or obstructed or
delayed in entering the same or any pa,·t thereof; or
"(b.) if any such house, room or place is found fitted or prO"
vided with IIny menus or cOl1trivance for unlawful.gaming, or
with any means or contrivance for concealing, removing or
destroying any instrumente of gaming."

By inserting immediately after section 707 the following

section :-
" 7'07 A. In any prosecution, proceeding or trial for any
ofienco under section 3SiA, a brand or mark, duly recorded or
registered under the provisions of any Act, ordinance or law,
on any cattle shall be prima facie evidence that such cattle are
the property of the registered owner of such hrand or mark, and
possession by the person charged, or by others in his employ
or on his behalf, of any sllch cattle marked· with such a brand
or mark of which he is not himself the registered owner, shall
throw upon the accused the burden of proving that such cattle
came lawfully into his possession or into the possession of such
others in I)is employ or on his behalf, unless it appears that
such possession by others in his employ or on his hehalf was
without his knowledge and without his authority, sanction or
npproval."

Section 729.-By substituting the following therefor:-

"729. The taking of the verdict of the jury or other pro-
ceeding of the court shall not be invalid by reason of its
happening on Sunday or on any other holiday."

Section 744.-By repealing subsections 1 and 2 thereof and

substituting the following:- .
"744. If the court refuses to reserve the question, tbe pari y
applying may move the Court of Appeal as hereinafter
provided.
"2. The Attoruey General or party so applying may, on
notice of motion to be given to the IIccused or proseeutor, as
the case may be, move tho Court of A ppcal forleavo to appeal.
'I'he Court of Appeal may, upon the motion and upon con·
sidering such evidence (if any) as they think fit to receive,
grant or refuse such leave."

Section 760.-By SUbstituting the following therefor :-

"760. In the province of Nova :::icotia a calendar of the
criminal cases shall he sent by t.ho Clerk of the Crown to the
I'ralld ,iury in each term, together with tho depositions takon
III each case and the names of the tlifierellt witnesses."

Section 763.-By inserting aflO!' t he word "includes" in

the second line of paragraph (b) thereof, the following words :-
"In the province of Ontario thc County Crown Attorney."
287 Section

HeinOnline -- 1900 vol. I 287 1900

 THE

STATUTES
OF

OANADA,1906

PROCLAIMED AND PUBLISHED UNDER THE AUTHORITY OF 'THE

ACT 3 EDWARD VII., CHAP. 61 (1903)

VOL. III.

OTTAWA
PRINTED BY SAMUEL EDWARD DAWSON, LAW PRINTER TO THE KING'S
MOST EXOELLENT .MAJESTY, FROM THE ROLL OF THE SAID REVISED STATUTES
DEPOSITED IN THE OFFICE OF THE OLERK OF THE PARLIAM:ENTS, AS
AUTHORIZED BY THE SAID AOT) 3 EDWARD VII., CRAP. 61, 1903
11')07
 OHAP'l'ER 146.
, An Act respecting the Oriminal Law.
SHORT TITLE.

,1. This Act may be cited as the Criminal Code. 55-56 V., Short title.
c.' 29, s. 1.

INTERPRETATION• .

2. In this Act, unless the" context other\vise requires,- Definitions.

(1) 'any Act,' or 'any other Act,' includes any A~t passed 'Any Act!
or to be passed by the Parliament of Canada, 01' any Act 'fnr otbcr
passed by the legislature of the late province of Canada, ct,
'or passed or to be passed by the legislature of any pro-
vince of Canada, or passed by the legislature of any pro-
vince now a part of Canada before it was included therein;
(2)' Attorney General' means the Attorney General or' Attorney
SoHcitorGeneral of any prov,ince in Canada in which Gene",l:
any proceedings are taken nnder this Act, and, with respect
to the Northwest Territories and the Ynkon Territory, the
Attorney General of Canada;
(3) 'banker' includes any director of any incorporated bank' Banker.'
or banking company;
(4) 'bank-no~e' inclndes' all negotiable instruments issned 'Bank note.'
by or on behalf of any person, body corporate, or company
carrying 'on the business of banking in any part of th~
world, or issued by the authority of the Parliament of
Canada,or any governor or other authority lawfully
authorized thereto in any of His Majesty's dominions, or
by the authority, of any foreign prince, or state or govern-
ment, and intended to be used as equivalent to money,
either immediately upon their :issue or at some time sub-
sequent thereto, and all bank bills and bank post bills;
(5) 'cattle' includes any horse, mule, ass,' swine, sheep or 'Cattle.'
goat, as well as any neat cattle or animal of the bovine
'species, and by whatever technical or familiar name known,
and shall apply to one animal as well as to many;'
(6) 'chief ,constable' incluae~ the chief of police, city' Chief
marshal or other head of the police force of any city, town, conslable.'
incorporated village or other municipality, district or
place, and in the province of Quebec, the high constable of
152i 2419 the
R.S.,1906.
,
66 Chap. 146. O"iminal Oode. Part VI. i
Destroying (h) tears down or defaces signs, breaks windows, or doors
property.
or door plates, or the walls of houses, l'oads or gardens, or
destroys fences; . .
Night
walker. (i) being a common prostitute or night walker, wanders in
the fields, public streets or highways, lanes or places of
public meeting or gathering of people, and does not give
a satisfactory account or herself;
Keeping (j) is a keeper or inmate of a disorderly house, bawdy-
house of ill·
falne. house 01' house or ill-fame, or house for the resort or prosti-
tutes;· . .
Frequenting. (Ic) is in the habit of frequenting such houses and does not
give a satisfactory accol1nt or himself Or herself; or,
Supported by (I) having no peaceable pTofession or calling to maintain
prostitution.
himself by, for the most part supports himself .by gaming
or crime, or by the avails of prostitution, 55-56 V., c. 29,
s, 207; 63-64 V., c. 46, s. 3.
Penalty for 239. Every loose, idle or disorderly person or vagrant is
vagrancy,
liable, on summary conviction, to a fine not' exceeding fifty
dollars or to imprisonment, with 01' without h.ard labour, ror
Proviso .. any term not exceeding six months, or to both: Provided tbat
no aged or infi1'm person shan be convicted fOl' any reason
within paragraph (a) of the last preceding section, as a loose,
idle or disorderly person or vagrant ill the county or which he
has for the t,vo years immediately preceding been a resident.
55-56 V., c. 29, s. 208; 57-58 V., c. 57, s. 1; 63-610 V., c. 46,
s. 3.

PART VI.
OFFBNCES AGAINST THE PERSON AND REPUTATION.

I nie1'preiation.
Definitionl!l, 240. In this Part, unless the context otherwise requires,-
'Form of (a) 'form of marriage' includes any form either l'ecognized
marriage.' as a valid .form by the law of the place where it is gOlle
th1'ough, .or which, though not so recognized,is such that
a maniagc celebrated there ill that form is rec.ognizll'd as
binding by the law of the place where the offender is tried;
• Guardian. (b) 'guardian' includes any person who has in law or in
fact the custody 01' control of any child referred to;
, Abandon.' (0) 'abandon' or 'expose' includes a wilful omission to
, Expose.'
take charge of any child referred to on the part of a per-
son legally bound to take charge of such child, as well as I

any mode of dealing with it caloulated to leave it exposed

to risk without protection. 55-56 V., c. 29, ss: 216 and
21a; 63-64 Y., c, 46, s. 3.
Duties Tending to the P"eservation of Life.
D~tf of per· Ul. Everyone who has charge of any other person unable
~n~~o~~erge by }'eason eithel' of detention, age, sickness, insanity or any ,
. 2484 other I

R.B., 1906.
80 Ohap. 146. OrimiMl Oode. Part VI ...

Offences against Oonjugal Righls.

Bigamy 307. Bigamy is,- .
defined.
(a) the act of a person who, being married, goes through a
form of marriage with any other pel'son in any part of the
world; or, .
(b) the act of a person who goes through a form of marriage
in any part of the world with any person whom he or she
knows to be married; 01',
(c) the act of a person who goes through a form of marriage
with more than one person simultaneously, or on the same
day.
Incompe- 2. The fact that the parties would, if unmarried, have been
tency uo incompetent to contract marriage, shan be no defence upon a
defence.
prosecution for bigamy. .
ExcUSejl. 3. No one commits bigamy by going through a fOr'll of mar-
riage,-
(a) if he or she in good faith and on reasonable grounds
believes bis wife or her husband to be dead; ~r,
(b) if his wife 01' her busband has been continually absent
for seven years then last past and he 01' she is not proved
to have known that his wife 01' her husband was alive at
any time during those seven years; or,
(c) if he or she has been divorced from the bond of the first'
marriage; 01',
(d) if the former marriage has been declared void by a
comt of competent jurisdiction.
Bigamous 4. No person shan be liable to be convicted of bigamy in
marriages respect of having gone through a form of marriage in a place
outside of
Canada. not in Oanada, unless such person, being a British subject
. resident in Oanada, leaves Oanada with intent to go through
such form of marriage.
5. Every form of marriage shan for the purpose of this
section be valid, notwithstanding any. act or default of the
person charged with bigamy, if it is otherwise a valid form.
55-56 V., c. 29, s. 275.

Punishment 308. Everyone who commits bigamy is guilty of au indict-

of bigamy.
able offence and liable to seven years' imprisonment.
Second 2. Everyone who commits this offence after a previous
offences.
conviction for a like offence shan be liable to fourteen years' .
imprisonment. 55-56 V., c.29, s. 276. •

Feigned 309. Everyone is guilty of an indictable offence and liable

marriages.
to seven years' imprisonment who procures a feigned 01' pre~
tended marriage between himself and any woman, or who know-
ingly aids and assists in procuring such feigned 01' pretended
marriage. 55-56 V., c. 29, s. 277.
. 2498 310.

R.S.,1906.
 Part VI. O"iminal Oode. Chap. 146. 81
S10. Everyone is guilty of an indictable offence and liable Polygamy.
to imprisonment for five years, and to a fine of five hundred Penalty.
dollars,-
(a) who practises, or) by the rites, ceremonies, forms, rules, Practising
or. customs 0 f any denOIDrnatlOll,
. . .
sect Or SocIety, reI"19lOUS ing.
or contract-
or secular, 01'· by ·any form of contract, or by mm'e mutual
consent, Or by any other method whatsoever, and whether
in a manner recognized by law as a bindhlg form of
marriage or not, agrees or consents to practise Or enter
into
(i) any form of polygamy, Polygamy.
(ii) any kind of conjngal nnion with more than one per- Copiug.l
son at the same time, or uruon.
(Hi) what among the persons commonly called- ,Mormons Spiri!ual ,
is knoWn as spiritual 01' plural mal'riage; 01', marrIages.
(b) who lives, cohabits, or agrees 01' consents to live 01' !Johabi!ation
cohabit in any kind of conjngal nnion with a person who ::;'i~~~]ugal
is married to another or with a person who lives or cohabits
with another or others in any kind of conjugal union; or,
(c) celebrates, is a party to, or assists in any rite or qelebrating
ceremony which purports to make binding Or to sanction "te.
any of the sexual relationships mentioned in paragraph
(a) of this section; or,
(d) procures, enforces, enables, is a party to, or assists in ASSisting in
the compliance with, or carrying, out of, any form, rule comphance.
or custom which so purpOl'ts; or,
'(e) procures, enfOl'ces, enables, is a party to, 01' assists in Procuring
t he execut IOn
· f any f arm 0f contract wh'lCh so· pur- contract.
0,
ports, or the giving of any consent which so pnrports.
63-64 V., C. 46, S. 3.

Unlawful Solemnization of Marriage.

sf1. Everyone is guilty of an indictable Offence and liable Penalty.
to ,a fine, or to two years' imprisonment, or to both, who,-
(a) without lawful authority, the proor of which shall lie Witho?t
oli him, solemnizes 01' pretends to solemnize any marriage; authorIty.
or,
(b) procm'es any person to solemnize any marriage know- Procurin,
.. that sueh' person IS
lng . ,not Iawiu11y ·auth'orlze d t.0 unlawful
mJ\rriage.
solemnize such marriage, 01' knowingly aids or abets such
person in performing snch ceremony.' 55-56 V., C. 29,
S. 2'19. .

S12. Everyone is guilty of an indictable offence and liable blarrlRg.

to ~ fi;,e, or to ~ne yeal",s i,:,p~ii"lnment, .who, being la:wful!y i~l~r;:,:
authol'lzed, knowmgly anel '!l!fu:lfy solemnIZes any marl'lage m
violation of the laws of the·,province in which the marriage is
solemnized. 55-56 V., e. 29, s. 280.
15'1i ' ·2499 Abduction.
.'
R.S., 1906.
Pal·t XIX. 01,iminal Oode. Chap. 146. 257

4. Such direction shall be given in all cases in which the In case of

accused may upon conviction be sentenced to death. ,~ffe~~~.
5. In other cases, if no such direction is given, the jury shall ~eparation
be permitted to separate. In other
cases
~ formaladjournment
6. No ' a f the comt sh h fter
all~rea be Formal. ad.
required, and no entry thereof in the Crown book shal! be journment
necessary. 58-59 V., ,c. 40, s. 1. unnecessary.

946'. J mors, after having been SWOl'll, shal! be allowed at Jmors may
.
any tIme b ef ore gIvmg
., . vel' d'lOt t he use 0f fi 1'e an d l'19ht refresh-
th en have fire and
, when out of comt, and shall also be allowed reasonable refresh· ments.
ment. 55-56 V., c. 29, s. 674.
947. In any criminal proceeding commenced or prosecuted Libbell hl?r
' h'lng any, extract f rom, or ab stl'act 0f , any paper con- extract
. f 01' publIS pu 18 mgfrom
taining defalllatory matter which has been published by order or abstract 01
, or under'the authority of the Senate, House of Commons or any fu~:d ~~b.
legislative council, legislative assembly or house of assembly, ~fa.~.atlve
such paper may be given in evidence, and it may be shown
that such extract or abstract was published in good faith and Defence.
without ill-will to the person defamed; and if such is the opinion
of the jury, a verdict of not guilty shall be entered for the
defendant. 56 V., c. 32, s. 1.
948. In the case of any indictment under section three Evidence in
hundred and ten (b), (c) and (d),. no averment or proof cnie 01
i of the method in which the sexual relationship chinged was po ygamy.
!entered into, agreed to or consented to, shall be necessary in '
i any ~uch indictment, or npon the trial of the person thereby
tcharged; nor sball it be necessary upon such trial to prove
I carnal connection had or intended to be had between the per-
. Sons implicated. 55-56 V., c. 29, 8.706.
949. ,When the complete commission of an offence charged Full offence
is not proved but tbe evidence establisheB an attempt to commit ~tfe~~~
the offence, the accused may lie convicted of such attempt and proved.
punished accordingly. 55-56 V.; c. 29, s. 711.
f
i 950. Wben an attempt to commit an offence is Charged but Attempt
the evidence establishes tbe commission of the iull offence, the e~arge:, full
accus,ed shall not be entitled to be acquitted, but the jury may ~r~~;d.
convict him of the attempt, llil.less the court befol'e whicb such
trial is had tbinks 'fit, i,n itB discretion, to discharge the jury
,from giving any verdict ,upon such trial, and to direct such
person to be indicted for the complete offence.
2. After a conviction for such attempt the accused shall not Res Judicata.
be liable to be tried again for the offence which he waS charged
with attempting to commit. 55-56 V., c. 29, s. 712.
. .'!
951. Every count shall be deemed divisible; and if th" Offence
commission of the offence charged, as described in the enact- charged, part
only proved.
'168! 2675 ment
R.S., 1906.
 THE
REVISED STATUTES
OF CANADA, 1927.

PROCLAIMED AND PUBLISHED UNDER TIlE AUTHORITY OF TIlE ACT.

CHAP. 65 OF TIlE STATUTES OF CANADA. 1924.

VOL. 1./ '"

OTTAWA
Printro by FREDERICK ALBERT ACLAND, Law Punter to the Killi'8 MOllt Excellent MajP<ltv.
from the roll of the 5B.id Revised Statute! deposited in the offiee of the Clerk 01 the
Pallid.ments, as authorized by 1l11l said Act, Chap, 65 of tho Statute,; of Canada, 19"U,

1927 .1 ~
 CHAPTER 36.
An Act respecting the Criminal Law.
SHORT TITLE.

1. This Act may be cited as the Criminal Code. U.S., Short Utle.
C. 146, s. 1.
INTERPRETATION.

2. In this Act, unless the context otherwise requires, Definitions.

(1) "any Act," or "any other Act," includes any Act "Any Act."
passed or to be passed by the Parliament of Canada, ~Allr. other
or any Act passed by the legislature of the late pro- ct.
vince of Canada, or passed or to be passed by the
legislature of any province of Canada, or passed by
the legislature of any province now a part of Canada
before it was included therein;
(2) "Attorney General" means the Attorney General "Attorney
or Solicitor General of any province in Canada in General."
which any proceedings are taken under this Act, and,
with respect to the Northwest Territories and the
Yukon Territory, the Attorney General of Canada;
(3) "banker" includes any director of any incorporated" Banker."
bank or banking company;
(4) "bank-note" includes all negotiable instruments "Bal\k.
issued by or on behalf of any person, body corporate, note.
or company carrying on the business of banking in
any part of the world, or issued by the authority of
the Parliament of Canada, or any Governor or other
authority lawfully authorized thereto in any of His
Majesty's dominions, or by the authority of any
foreign prince, or state or government and intended
to be used as equivalent to money, either immediately
upon their issue or at some time subsequent thereto,
and all bank bills and bank post bills;
(5) "cattle" includes any horse, mule, ass, swine, sheep "Cattle."
or goat, as well a,s any neat cattle or animal of the
bovine speciea, and by whatever technical or familiar
name known, and shall apply to one animal as well
as to many;
663 (6)
U.S., 1927.
 Part VI. Criminal Code. Chap. 36. 81
0) having no peaceable profession or calling to main- Support~d
tain himself by, for the most part supports himself by ~Kti~~ostJ.
gaming or crime, or by the avails of prostitution. R.S., .
c. 146, s. 238; 1915, c. 12, s. 7.
239. Every loose, idle or disorderly person or vagrant Penslty
is liable, on summary conviction, to II. fine not exceeding ~~~rancy
'fifty dollars or to imprisonment, with or without hard
labour, for any term not exceeding six months, or to both:
Provided that no aged or infirm person shall be convicted Proviso.
'for any reason within paragraph (a) of the last preceding
section, as II. loose, idle or disorderly person or vagrant in
the county of which he has for the two years immediately
preceding been II. resident. RS., c. 146, s. 239.

PART VI.
OFFENCES AGAINST THE PERSON AND REPUTATION.
Interpretation.
240. In this Part, unless the context otherwise re- DefinitioD!.
quires,
(a) "abandon" or "expose" includes a wilful omission" Abandon."
to take charge of any child referred to on the part of "Expose."
a person legally bound to take charge of such child,
as well as any mode of dealing with it calculated to
leave it exposed to risk without protection;
(b) "form of m~rriage" includes any form either recog· "For.m Of,
nized as a valid form by the law of the place where mamage.
it is gone throllgh, or which, though not so recognized,
is such that a marriage celebrated there in that form
is recognized as binding by the law of the place where
the offender is tried;
(0) "guardian" includes any person who has in law or :'G~,.rd.
in fact the custody or control of a,ny child referred to. Ian.
R.S., c. 146, s. 240.
Duties Tending to the PT'escr1ktiio-n of Life.
241. Everyone who has charge of any other person Duty of
unable by reason either of detention, age, sickness, insan- Ph"on in
ity or any other cause, to withdraw himself from such ;r~~fd. to
charge, and unable to provide himself with the necessaries nri'f ades
of life, is, whether such charge is undel'taken by him under 0 I o.
any contract, or is imposed upon him by law, or by reason
of his unlawful act, under a legal duty to supply that per-
son with the necessaries of life, and is criminally respon- Crimin~l
sible for omitting, without lawful excuse, to perform such biift~:"'l'
duty if the death of such person is caused, or if his life is
endangered, or his health has been or is likely to be per-
manently injured, by such omission. R.S., c. 146, s. 241.
743 242.
RS., 1927.
Part VI. Criminal Code. Chap. 36. 97
Venereal Diseases.
307. Any person who is suffering from venereal dis- COt~muni­
ease in a communicable form, who knowingly or by culp- ~:n~~~al
able negligence communicates such venereal disease tv disease.
any other person shall he guilty of an offence, and shall be
liable upon summary conviction to a fine not exceeding
five hundred dollars or to imprisonment for any term not
exceeding six months, or to both fine and imprisonment:
Provided that a person shall not be convicted under this
section if he proves that he had reasonable grounds to be-
lieve that he was free from venereal disease in a commu-
nicable form at the time the alleged offence was committed:
Provided, also, that no person shall be convicted of any
offence under this section upon the evidence of one wit-
ness, unless the evidence of such witness be corroborated
in some material particular by evidence implicating the
accused.
2. For the purposes of this section "venereal disease"
means syphilis, gonorrhea, or soft chancre. 1919, c. 46, s. 8.

Offences Against Conjugal Rights.

308. Bigamy is Biga:r.
(a) the act of a person who, being married, goes through define.
a form of marriage with any other person in any part
. of the world; or
(b) the act of a person who gore through a form of mar-
riage in any part of the world with any person whom
he or she knows to be married; 01'
(0) the act of a person who goes through a form of mar-
riage with more than one person simUltaneously, or
on the same day.
2. The fact that the parties would, if unmarried, have Incompo-
been incompetent to contract marriage shall be no defence r.,f~~c:o
upon a prosecution for bigamy. .
3. No one commits bigamy by going through a form of Excuses.
marriage
(a) if he or she in good faith and on reasonable grounds
believre his wife or her husband to be dead; or
(b) if his wife or her husband has been continually
absent for seven years then last past and he or she
is not proved to have known that his wife or her hus-
band was alive at any time during those seven years;
or
(0) if he or she has been divorced from the bond of the
first marriage; or
(d) if the former marriage has been declared void by a
court of competent jurisdiction.
759 4.
U.S., 1927.
98 Chap. 36. Cri-min{ll Code. Part VI.
Bigamo\lS 4. No person shall be liable to be convicted of bigamy
marriages
outside of in respect of having gone through a form of marriage in ~
Canada.. place not in Canada, unless such person, being a British
subject resident in Canada, leaves Canada with intent t(}
go through such form of marriage.
Effect of 5. Every form of marriage shall for the purp(}8e of this
form.
secti0n be valid, notwithstanding any Mt or default of the
person charged with bigamy, if it is otherwise a valid form.
RS., c. 146, s. 307.
Punish- 309. Every one is guilty of an indictable offence and
ment of
bilInm,v. liable to seven years' imprisonment for the first offence.
Secon{l and fourteen yesrs for a second or subsequent offence, who
offences. commits bigamy.
Feigned 2. Everyone is guilty of an indictable offence and liable
mat'l'ia~eg.
to seven years' imprisonment who procures a feigned or pre-
tended marriage between himself and any W(}llli\n, or who
knowingly aids and assists in procuring such feigned or pre-
tended marriage. RS., c. 146, ss. 308 and 309.
Polygamy, 310. Everyone is guilty of an indictable offence and
PenalQt, liable to imprisonment for five years, and to a fine of five
hundred dollars
Practising (a) who practises, or, by the rites, ceremonies, forms.
or con-
tracting.
rules, or customs of any denomination, sect or society,
religious or secular, or by any form of contrMt, or 'by
mere mutual consent, or by any other method what-
soever, and whether in a manner recognized by law
as a binding form of man-iage or not, agrees or con-
sents to prMtise or enter into
Polygamy. (i) any form of polygamy,
Conjugal Oi) any kind of couju,gal union with more than one
union.
person at the same tnne, or
Spirltual
marriages.
(iii) what among the persons commonly called Mor-
mons is known a.s spiritual or plural marriage; or
Cohabita 4
(b) who lives, cohabits, or agrees or consents to live 01'
bon in cohabit in any kind of conjugal union with a person
conjllpl
Ulllon. who is married to another or with a person who lives
0\' cohabits with another or others in any kind of con-
jugal union; or
Celebra.t· (c) celebrates, is a party to, or assists in any rite or
ing rite. ceremony which purports to make binding or to sanc-
tion any of the sexual relationships mentioned in
paragraph (a) of this section; or
Assisting (d) procures, enforces, enables, is a party to, or assists
in (ompli- in the compliance with, or carrying out of, any form,
ance.
rule or custom which so purports; or
Procuring (e) procures, enforces, enables, is a party to, or assists
contract. in the execution of, any form of contract which so
purports, or the giving of any consent which so pur-
ports. RS., c. 146, s. 310.
760 Unlawful'
R.S .• 1927.
Part VI. Criminal Code. Chap. 36. 99
Unlawful Solemnization of Marriage.
311. Everyone is guilty of an indictable offence and Penalty.
liable to a fine, or to two years' imprisonment, or to both,
who,
(a) without la,wful authority, the proof of which shall Witho,lt
lie on him, solemnizes or pretends to solemnize any authortty.
marriage; or
(b) procures any person to solemnize any marriage Procuring
knowing that such person is not lawfully authorized unlawful
to solemnize such marriage, or knowingly aids or abets mamage.
such person in performing such ceremony. R.S.,
c. 146, s. 311.
312. Every one is guilty of an indictable offence and Marriage
liable to a fine, or to one year's imprisonment, who, being ~nf:!ry
lawfully authorized, knowingly and wilfully solemnizes .
any marriage in violation of the laws of the province in
which the marriage is solemnized. R.S., c. 146, s. 312.
Abduction.
313. Every one is guilty of an indictable offence and Abduction
liable to ten years' imprisonment who, against her will. ::o~.n
takes away or detains any woman of any age and whether .
married or not, with intent to marry or carnally know
such woman or to cause her to be married or carnally
known by any other person. 1909, c. 9, s. 2.
314. Everyone is guilty of an indictable offence anrl Abdu~tion
liable to fourteen years' imprisonment, who, with intent of hOlr ....
to marry or carnally know any woman, or with intent to
cause any woman to be married or carnally known by any
other person, suoh woman having any interest, legal or
eqnitable, present or future, absolute, conditional or con-
tingent, in any real or personal estate, or being a presump-
tive heiress or co-heiress, or presumptive next of kin, to
anyone having such an interest,
(0) from motives of lucre takes away or detains such Again,t
woman against her will, whatever the age of such hcr will.
woman;
(b) fraudulently allures, takes away or detains such A~ainst
. woman out of the possession and agains~ the will of ;~~Ic~: or
her father or mother or other person havmg the law- guardian.
ful care or charge of her, such woman being under the
. age of twenty-one years.
2. Everyone convicted of any offence defined in this EII",t ~f
. IS
sectron . .mcapable 0 f t ak'Illg any est a t e or III
. terest, IegaI COIII'lOtlon
on pro.
or equitable, in any real or personal property of such psrty.
woman, or in which she has any interest, or which comes
to her as such heiress, co-heiress or next of kin; and if any
761 such
R.S., 1927.
Part XIX. Criminal Code. Chap. 36. 30t
together, and proper provision made for preventing the
jury from holding communication with anyone on the sub·
ject of the trial.
4. Such direction shall be given in all cases in which In c'i'i of
the accused may upon conviction be sentenced to death. ~'!fe~:e.
5. In other cases, if no such direction is given, the jury ?eparation
. d mother
Sh aII b e permitte to separate. case•.
6. No formal adjournment of the court shall hereafter Forma!
be required, and no entry thereof in the Crown book shall ::'~~t'n.
be necessary. RS., c. 146, s. 945. unneee.·
. sary.
946. Jurors, after having been sworn, shall be allowed Juror.
at• any time before giving their verdict the use of fire and mfil'eayanhadve
hght when out of court, and shall also be allowed reason· refresh.
ltble refreshment. RS., c. 146, s. 946. ment•.
947. In any criminal proceeding commenced or prose· Lib~llol'
cuted for publishing any extract from, or abstra{Jt of, any PUtli'~ing
pa.per containing defamatory matter, which has been pub· 'i:o::~r
lished by order or under the authority of the Senate, sh.troctof
House 0 f Commons or any IegIS . Iatlve
. {JounCl,
'1 IegIS
. Iatlve
. ~ubli.hed
paper
assembly or house of assembly, such paper may be given I: . I f
in evidence, and it may be shown that such extract or b~J;.a lve
a:bstract was published in good faith and without ill-will
to the person defamed, and if such is tIDe opinion of the
jury, a verdict of not guilty shall be entered for the de· Defence.
fendant. RS., c. 146, s. 947.
948. In the case of any indictment under section three Evidence
hundred and ten (b), (c) and (d), no averment or proofint?"of
of the method in which the sexual relationship charged po gamy.
was entered into, agreed to or consented to, shall be neces·
sary in any such indictment, or upon the trial of the per-
son thereby charged; nor shall it be necessa.ry upon such
trial to prove carnal connection had or intended to be had
between the persons implicated. RS., c. 146, s. 948.
949. When the complete commission of an offence FnIl offence
charged is not proved but the evidence establishes an ~~~.\;~~
attempt to commit the offence, the accused may be con- proved.
victed of such attempt and punished accordingly. RS.,
c. 146, s. 949.
9.50. When an attempt to commit an offence is charged Attempt
but the evidence establishes the commission of the fulll hli,glfd,
offence, the accused shall not be entitled to be acquitted, P~o:cd~nce
but the jury may c{)nvict him of the attempt, unless the
court before which such trial is had thinks fit, in its dis·
cretion, to discharge the jury from giving any verdict upon
such trial, and to direct such person to be indicted for the
complete offence.
967 2.
RS., 1927