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No. Sv~~::~~er Registry

~OU"'i S~~'~ME 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 Charier 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 2 of 2

CRAIG E. JONES
Ministry of Attorney General
1301 - 865 Hornby Street
Vancouver, Be V6Z 2G3
Telephone: 604-660-3093
1
Facsimile: 604-660-6797
~~~~~~~---.
INDEX, VOL. 2

TAB7-

A. Criminal Code, S.C. 1953-54, c. 51, s. 243

B. Report of Royal Commission on Revision of Criminal Code (Ottawa, February 22,


1952) at 1-14, 42

C. Draft Bill, An Act respecting the Criminal Law, 6th Session, 21st ParI., 1952

D. House of Commons Debates (April 7, 1952) at 1192

E. "Suggestions Incorporated in the Draft Bill", Matters for the Commission, R.G. 13,
Acc 89-901067, Box 22, File 155002, Part II (National Archives)

F. "Appendix I", Report of the Royal Commission and Appendix, R.G. 13, Acc. 89-
901067, Box 22, File 155002, Part Vat 3 (National Archives)

G. Debates ofthe Senate (May 12, 1952) at 198 (1r); (May 13, 1952) at 206 (dist'n of
copies); (May 13, 1952) at 207-16 (2r); (May 14, 1952) at 217-19 (2r); (May 15,
1952) at 269-75 (2r and ref to com); (May 20,1952) at 288 (com meeting); (May 21,
1952) at 289 (rep of com); (June 20, 1952) at 479 (rep of com)

H. "Minutes of Evidence" in The Senate of Canada: Proceedings of the Standing


Committee on Banking and Commerce To whom was referred the Bill (H-8), intituled:
An Act respecting the Criminal Law (June 11,1952) at 5-7 and 35

I. "Re Criminal Code - General Remarks", Brief on the 1952 Bill, R.G. 13, Acc 89-
901067, Box 22, File 155002, Part 2 at 34 (National Archives)

J. Debates ofthe Senate (November 24,1952) at 6-7 (1r); (November 25,1952) at 21-
23 (2r and ref to com); (December 16,1952) at 146-57 (rep of com); (December 17,
1952) at 161-68 (rep of com concurred in and 3r)

K. "Minutes of Evidence" in The Senate of Canada: Proceedings of the Standing


Committee on Banking and Commerce To whom was referred the Bill (0), intituled:
An Act respecting thfl Criminal Law (December 15, 1952) at 64 and 89

L. House of Commons Debates (January 13, 1953) at 931 (1r); (January 23, 1953) at
1272-78, 1287-1303 (2r and ref to special committee); (February 5, 1953) at 1636
(1st rep of special committee); (May 1,1953) at 4641 (2d rep of special committee);
(May 4, 1953) at 4707 (3d rep of special committee)

M. "Minutes of Proceedings", Special Committee on Bill No. 93 (Letter 0 of the Senate):


'An Act respecting the Criminal Law' and all matters pertaining thereto (February 24,
1953) at 51

N. House of Commons Debates (November 16,1953) at 32 (1r); (December 15, 1953)


at 939-57 (2r); (February 26, 1954) at 2483-86 (com, excerpt); (April 8, 1954) at
3920-27 (3r); (June 15, 1954) at 5973-79 (concurr in Senate amts)
O. Debates of the Senate (May 4, 1954) at 437 (1 r); (May 5, 1954) at 439-48 (2r); (May
11, 1954) at 454-64 (2r); (June 10, 1954) at 584-86 and 604 (rep of com-amts
concurred in); (June 10, 1954) at 586-87 (3r); (June 16, 1954) at 639 (amts
concurred in by Commons); (June 26, 1954) at 731 (ra)

P. Proclamation, October 2,1954, C. Gaz. 1954.11.3297

TAB a- Criminal Code, R.S.C. 1970, c. C-34, s. 257

TAB9-

A. Criminal Code, R.S.C. 1985, c. C-46, s. 293

B. Criminal Code, R.S.C. 1985, c. C-46 as amended to March 19, 2010, s. 293
ACTS OF THE

PARLIAMENT OF CANADA
PASSED IN THE SESSION HELD IN THE

SECOND AND THIRD YEARS OF THE REIGN OF HER MAJESTY

QUEEN ELIZABETH II
aEING THE

FIRST SESSION OF THE TWENTY-SECOND PARLIAMENT

Begun and holden at Ottawa, on the Twelfth day of November, 1953,


and prorogued on the Twenty-sixth day of June, 1954.

HIS EXCELLENCY THE RIGHT HONOURABLE

VINCENT MASSEY
GOVERNOR GENERAL

PART I

PUBLIC GENERAL ACTS

EDMOND CLOUTIER. C.M.G.. O.A .• D.S.P.


QUEEN'S PRiNTER AND CONTRbLLER OF STATIONERY
OTTAWA. 1954

HeiIlOnline-- I 1953-1954pt. I 11953


2-3 ELIZABETH II.

CHAP. 51.

An Act respecting the Criminal Law.


[Assented to 261Jt June, 19541

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


Senate and House of Commons of Canada, enacts
as foIlows:-
SnORT TITLE.

J.. This Act may be cited as the Criminal Code. Short title.

INTERPRETATION.
2. In this Act, D.fioilions.
(1) "Act" includes "Aol."
(a) an Act of the Parliament of Canada,
(b) an Act of the legislature of the late province of
Canada,
(c) an Act of the legislature of a province, and
(d) an Act or ordinance of the legislature of a
province, territory or place in force at the time that
province, territory or place became a province of
Canada;
(2) "Attorney General" means the Attorney General "Altcm.y
or Solicitor General of a province in which proceedings G.o.rol.'
to which this Act applies are taken and, with respect
to the Northwest Territories and the Yukon Territory,
means the Attorney General of Canada;
(3) "bank.note" includes any negotiable instrument "D.~~.
(a) issued by or on behalf of a person carrying on ooto.
the business of banking in or out of Canada,
(b) issued under the authority of the Parliament of
Canada or under lawful authority of the govern-
ment of a state other than Canada,
365 intended

HeinOnlillC ~. 1 1953-1954 pt. I 365 1953


66 Chap. 51. Criminal Code. 2-3 ELIZ. II.

(g) procures a female person to enter or leave Canada,


for the purpose of prostitution,
(h) for the purposes of gain, exercises control, direction
or influence over the movements of a female person in
such manner as to show that he is aiding, abetting or
compelling her to engage in or carryon prostitution
with any person or generally,
(i) applies or administers to a female person or causes
her to take any drug, intoxicating liquor, matter, or
thing with intent to stupefy or overpower her in order
thereby to enable any person to have illicit sexual
·intercourse with her,
(j) being a male person, lives wholly or in part on the
avails of prostitution, or
(k) being a female person, lives wholly or in part on the
avails of prostitution of another female person,
is guilty of an indictable offence and is liable to imprison-
ment for ten years.
Presumption. (2) Evidence that a male person lives with or is habitually
in the company of prostitutes, or lives in a common bawdy-
hOmle or house of assignation is prima facie evidence that
he Uves on the avails of prostitution.
Corrobora- (3) No person shall be convicted of an offence under
tion.
subsection (1), other than an offence under paragraph (j)
of that subsection, upon the evidence of only one witness
unless the evidence of that witness is corroborated in a
material particular by evidence that implicates the accused.
Limitation. (4) No proceedings for an offence under this section
shall be commenced more than one year after the time
when the offence is alleged to have been committed.

PART VI.

OFFENCES AGAINST THE PERSON AND


REPUTATION.
INTERPRETATION.

1 Sli. In this Part,


"Abandon." (a) "abandon" or "expose" includes
"Expose," (i) a wilful omission to take charge of a child by a
person who is under a legal duty to do so, and
(ii) dealing with a child in a manner that is likely
to leave that child exposed to risk without protec-
tion: .
UChUd/~ (b) "child" Includes an adopted child and an illegitimate
child;
430 ( 0)

HejIlOllline-~ 1 1953-1954pt. 1430 1953


1953-54. Criminal Code. Chap. 1)1. 67

(c) "form of marriage" includes a ceremony of marriage "Fo,m of


that is recognized as valid mania.e,"
(i) by the law of the place where it was celebrated, or
(ii) by the law of the place where an accused is
tried, notwithstanding that it is not recognized as
valid by the law of the place where it was cele-
brated; and
(d) "guardian" includes a person who has in law or in "Guardln•. "
fact the custody or control of a child.
DUTIES TENDING TO PRESERVATION OF LIFE.
186. (1) Everyone is under a legal duty Duty of
(a) as a parent, foster parent, guardian or head of a ::~ri~l~ to
family, to provide necessaries of life for a child under the ".,....<1...
age of sixteen years;
(b) as a husband, to provide necessaries of life for his
wife; and
(c) to provide necessaries of life to a person under his
charge if that person
(i) is unable, by reason of detention, age, illness,
insanity or other cause, to withdraw himself
from that charge, and
(ii) is unable to provide himself with necessaries of
life.
(2) Everyone commits an offence who, being under n Offen",.
legal duty within the meaning of subsection (1), fails
without lawful excuse, the proof of which lies upon him, to
perform that duty, if
(a) with respect to a duty imposed by paragraph (a)
or (b) of subsection (1),
(i) the person to whom the duty is owed is in destitute
or necessitous circumstances, or
(ii) the failure to perform the duty endangers the
life of the person to whom the duty is owed, or
causes or is likely to cause the health of that
person to be endangered permanently; or
(b) with respect to a duty imposed by paragraph (c) of
subsection (1), the failure to perform the duty endangers
the life of the person to whom the duty is owed or
causes or is likely to cause the health of that person
to be injured permanently.
(3) Everyone who commits an offence under subsection Punishment.
(2) is guilty of
(a) an indictable offence and is liable to imprisonment for
two years j or
(b) an offence punishable on summary conviction.
(4) For the purpose of proceedings under this section, J)oaumpo
(a) evidence that a man has cohabited with a woman or ho.s.
has in any way recognized her as being his wife is prima
facie evidence that they are lawfully married;
431 (b)

HeinOnlille--11953-1954pt. I431 1953


80 Chap. iiI. Criminal Code. 2-3 ELIZ. II.

ABOR'l'ION.
Procuring
miscarriago.
237. (1) Everyone who, with intent to procure the
miscarriage of a female person, whether or not she is
pregnant, uses any means for the purpose of carrying out
his intention is guilty of an indictable offence and is liable
to imprisonment for life.
Woman
procuring her
(2) Every female person who, being pregnant, with
own mis- intent to procure her own miscarriage, uses any means or
carringe. permits any means to be used for the purpose of carrying
out her intention is guilty of an indictable offence and is
liable to imprisonment for two years.
":Mcans" (3) In this section, "means" includes
defined.
(a) the administration of a drug or other noxious thing,
(b) the use of an instrument, and
(c) manipulation of any kind.
Supplying 23 s. Everyone who unlawfully supplies or procures a
noxious drug or other noxious thing or an instrument or thing,
things.
knowing that it is intended to be used or employed to
procure the miscarriage of a female person, whether or
not she is pregnant, is guilty of an indictable offence and
is liable to imprisonment for two years.

VENEREAL DISEASES.
Vonoreal 239. (1) Everyone who, having venereal disease in a
dioon.se.
communicable form, communicates it to another person is
guilty of an offence punishable on summary conviction.
Defence. (2) No person shall be convicted of an offence under
this section where he proves that he had reasonable grounds
to believe and did believe that he did not have venereal
disease in a communicable form at the time the offence is
alleged to have been committed.
Corrobora- (3) No person shall be convicted of an offence under this
tion.
section upon the evidence of only one witness, unless the
evidence of that witness is corroborated in a material
particular by evidence that implicates the accused.
"Venoreal (4) For the purposes of this section, "venereal disease"
di8~nse."
means syphilis, gonorrhea or soft chancre.

OFFENCES AGAINST CONJUGAL RIGHTS.


·'Bigamy." 240. (1) Everyone commits bigamy who
(a) in Canada,
(i) being married, goes through a form of marriage
with another person,
(ii) knowing that another person is married, goes
through a form of marriage with that person, or
(iii) on the same day or simultaneously, goes through
a form of marriage with more than one person; or
444 (b)

HeinOnline -- I 1953-1954 pt. 1444 1953


1953-54, Criminal Code, Chap, 51. 81

(b) being a Canadian citizen resident in Canada leaves


Canada with intent to do anything mentioned in
subparagraphs (i) to (iii) of paragraph (a) and, pursuant
thereto, does outside of Canada anything mentioned in
those subparagraphs in circumstances mentioned there-
in,
(2) No person commits bigamy by going through a Matt." 01
form of marriage if def~nc~,
(a) that person in good faith and on reasonable grounds Belief that
believes that his spouse is dead, 'l.~~':'
(b) the spouse of that person has been continuously Absenco for
absent from him for seven years immediately preceding savon
the time when he goes through the form of marriage, yo"e,
unless he knew that his spouse was alive at any time
during those seven years,
(c) that person has been divorced from the bond of the Divor..,
first marriage, or
(d) the former marriage has been declared void by a Annulmont,
court of competent jurisdiction,
(3) Where a person is alleged to have committed bigamy,· Incompetency
it is not a defence that the parties would, if unmarried, no defonco,
have been incompetent to contract marriage under the law
of the place where the offence is alleged to have been
committed,
(4) Every marriage or form of marriage shall, for the Vnlidity
purpose of this section, be deemed to be valid unless the p",umcd,
accused establishes that it was invalid,
(5) No act or omission on the part of an accused who is Ac\ 0i
charged with bigamy invalidates a marriage or form of ~;:;~ss~~n d~~s
marriage that is otherwise valid. not.!n.
,'uhdat.e.
241. (1) Everyone who commits bigamy is guilty of an Punishment,
indictable offence and is liable to imprisonment for five
years,
(2) For the purposes of this section a certificate of mar- C"tifiqntc
riage issued under the authority of law is primajacie evidence ofmrunogo,
of the marriage or form of marriage to which it relates
without proof of the signature or official character of the
person by whom it purports to be signed,
242. (1) Every male person who Proouring
(a) procures, or feigned
marriage
(b) knowingly aids in procuring,
a feigned marriage between himself and a female person
is guilty of an indictable offence and is liable to imprison-
ment for five years,
(2) No person shall be convicted of an offence under this Com>:
section upon the evidence of only one witness tmless the borntlOn.
evidence of that witness is corroborated in a material
particular by evidence that implicates the accused,
445 243.

HeinOnline--11953-1954pt. 14451953
82 Chap. I)D.. Criminal Cqde. :l-3 ELIZ. II.

243. (1) Everyone who


(a) practises or enters into or in any manner agrees or
consents to practise or enter into
Polygamy. (i) any form of polygamy, or
Conjuga.l (li) any kind of conjugal union with more than one
union.
person at the same time,
whether or not it is by law recognized as a binding
form of marriage; or
Celebrating (b) celebrates, assists or is a party to a rite, ceremony,
rite.
contract or consent that purports to sanction a relation-
ship mentioned in subparagraph (i) or (ii) of paragraph
(a),
is guilty of an indictable offence and is liable to imprison-
ment for five years.
Evitlonce
in cuso of
(2) Where an accused is charged with an offence under
polygamy. this section, no averment or proof of the method by which
the alleged relationship was entered into, agreed to or con-
sented to is necessary in the indictment or upon the trial of
the accused, nor is it necessary upon the trial to prove that
the persons who are alleged to have entered into the relation-
ship had or intended to have sexual intercourse.

UNLAWFUL SOLEMNIZATION OF MARRIAGE.

244. Everyone who


Protendlng to (a) solemnizes or pretends to solemnize a marriage
solomnize
mnrrisge. without lawful authority, the proof of which lies
upon him, or
Proouring (b) procures a person to solemnize a marriage knowing
unla.wful
ma.rriage. that he is not lawfully authorized to solemnize the
marriage,
is guilty of an indictable offence and is liable to imprisonment
for two years.
Ma.rrlage
contrary 245. Everyone who, being lawfully authorized to
tolnw. solemnize marriage, knowingly and wilfully solemnizes a
marriage in violation of the laws of the province in which
the marriage is solemnized is guilty of an indictable offence
and is liable to imprisonment for two years.

BLASPHEMOUS LIBEL.

Offence. 2-'&6. (1) Everyone who publishes a blasphemous libel


is guilty of an indictable offence and is liable to imprisonment
for two years.
Question of (2) It is a question of fact whether or not any matter
taot.
that is published is a blasphemous libel.
446 (3)

HeinOnline -- 1 1953-1954 pt. 1446 1953


254 Chap. lit. Criminal Code. 2-3 ELIZ. II.

PART XXV.

TRANSITIONAL AND CONSEQUENTIAL.


Repeal. '741i. The Criminal CmM, chapter 36 of the Revised
Statutes of Canada, 1927, is repealed.
TransitioMi '746. (1) Where proceedings for an offence against the
criminal·law were commenced before the coming into force
of this Act, the offence shall, after the coming into force of
this Act, be dealt with, inquired into, tried and determined
in accordance with this Act, and any penalty, forfeiture or
punishment in respect of that offence shall be imposed as if
this Act had not come into force, but where, under this Act,
the penalty, forfeiture or punishment in respect of the offence
is reduced or mitigated in relation to the penalty, forfeiture
or punishment that would have been applicable if this Act
had not come into force, the proy-isions of this Act relating
tc penalty, forfeiture and punishment shall apply.
Idem (2) Where proceedings for an offence against the criminal
law are commenced after the coming into force of this Act
the following provisions apply, namely,
(a) the offence, whenever committed, shall be dealt with,
inquired into, tried and determined in accordance with
this Act;
(b) if the offence was committed before the coming into
force of this Act, the penalty, forfeiture or punishment
to be imposed upon conviction for that offence shall be
the penalty, forfeiture or punishment authorized or
required tu be imposed by this Act or by the law that
would have applied if this Act had not come into force,
whichever penalty, forfeiture or punishment is the less
severe; and
(c) if the offence is committed after the coming into force
of this Act, the penalty, forfeiture or punishment to be
imposed upon conviction for that offence shall be the
the penalty, forfeiture, or punishment authorized or
required to be imposed by this Act.
Inttf'-
pretaliOfl '74'7. Section 29 of the Interpretation Act, chapter 158
Act. of the Revised Statutes of Canada, 1952, is repealed.
Opium and
Narcotic '748. Section 25 of the Opium and Narcotic Drug Act,
Drug Act. chapter 201 of the Revised Statutes of Canada, 1952, is
Exooptin repealed and the following substituted therefor:
cnsoo tried
before two
"25. Except in cases tried before two justices of the
jllBticesno peace sections 719 tc 732, inclusive, and subsection (2) of
appeals in
o 8SOS taken section 742 of the Criminal Code do not apply to any con-
under seotion
4(1) or (2). 618 viction,

HcinOnlinc --11953-1954 pt. I 6181953


1953-54, Criminal Code, Chap, 51. 255
viction, order or proceedings in respect of any offence
under subsection (1) or (2) of section 4 of this Act,"
7' 49. Subsection (2) of section 4 of the Canada Evidence Canada
~ct, chapter 307 of the R~vised S~atutes of Canada, 1952, ~';t"'''
IS repealed and the following substituted therefor:
"(2) The wife or husband of a person charged with an Wileor
offence against section 33 or 34 of the Juvenile Delinquents ~~!b'::'~n'
Act or with an offence against any of the sections 135 to ond
138, 140, 142 to 147, 149, 155, 156, 157, 158, 164, 184, 186, ~l~:;lr~;e
189, 234 to 236, 241 to 244, 275, paragraph (0) of section prosecuUon,
408 or an attempt to commit an offence under section 138
or 147 of the Criminal Code, is a competent and compellable
witness for the prosecution without the consent of the
person charged,"
7'50. (1) Wherever, in the Combines Investigation Act, Co"",;,,,
chapter 314 of the Revised Statutes of Canada, 1952, the ~;."tiaoli{)/l
expression "section 498 or 498A of the Criminal Code" or '
"section 498 or 498A of the Criminal CatZe, chapter 36 of
the Revised Statutes of Canada, 1927," appears, the ex-
pression "section 411 or 412 of the Criminal Code" shall be
substituted therefor, and wherever in the said Act the ex-
pression "section 498 of the Criminal Code" appears there
shall be substituted therefor the expression "section 411 of
the Criminal Code",
(2) Subsection (1) of section 18 of the said Act is repealed Idem
and the following substituted therefor: '
"18. (1) At any stage of an inquiry, Director
(aJ the Direotor may, if he is of the opinion that the moty,ubmlitf
eVI'dence 0 bt'alne d d'ISOIoses a sltua
' t 'IOn contrary to .tn emee °
ovid,nee,
seotion 32 or 34 of this Act, or section 411 or 412 of the
Criminal Code, and
(b J the Direotor shall, if so required by the Minister,
prepare a statement of the evidence obtained in the inquiry
which shall be submitted to the Commission and to eaoh
person against whom an allegation is made therein,"
(3) Subsections (1) and (2) of seotion 40 of the said Act
are repealed and the following substituted therefor:
"40. (1) Where an indictment is found against an Procedure
acoused, other than a corporation, for any offence against for"r[f rc1ng
this Act, the acoused may elect to be tried without a jury pena ..
and where he so eleots he shall be tried by the judge pre-
siding at the court at which the indiotment is found, or the
judge presiding at any subsequent sittings of that court, or
at any court where the indiotment oomes on for trial; and
in the event of such election being made the proceedinb'S
subsequent to the election shall be regUlated in so far as
may be applicable by the provisions of the Criminal Code
rela,ting to the trial of indictable offences by a judge without
a jury.
619 (2)

HeinOllline-~ 11953~1954pt 16191953


256 Chap. iiI. Criminal Code. 2-3 ELIZ. II.

Jurisdiction (2) No court other than a superi,or ,court of criminal


of court.a.
jurisdiction, as defined in the Criminal Code, ,has power to
try any offence. against section '32 of this Act."
EzlradUion 7 51. A reference in item 24 of the First Schedule to
Ad.
the Extradition Act, chapter 322 of th!3 Revised'Statutes of
Canada, 1952, to an offence under a Part of the Criminal
(Jade, chapter 36 of the Revised Statutes of Canada, 1927,
shall be construed as a reference to the .same or the cor-
responding offence under thiB Act.
Coming
ihto foroe
752. This.Act shall come into force on a day to be fixed
by the Governor in Council.

PART XXVL
FORMS.
I Forma, 71)S. (1) The forms set 'Out in this Part varied to suit
the case or forms to the like effect shall be deemed to be
good, valid, and sufficient in tM circumstances 'for which,
respectively, they are provided.
Bool not
rOQuired.
(2) No justice is required to attach or affix a seal to
any writing or process that he is authorized to issue and
in respect of which a form is provided by this Part.

620 FORM 1.'

HeinOn1iIle-~ 11953-1954pt.1620 i953


',"

,
j

REPORT OF
ROYAL COIHffHSSION ON
REVISION OF CRIMINAL CODE
OTTAW"A,
February 22, 1952.
To: The Hcinourable STUART S. GARSON, Q.C ..
Minister of Justice,
Ottawa.

Your Commissioners, 'pursuant to· their instructions, hav.e the honour to


submit the annexed draft Bill to revise the CriJ:ninal Code which has been
prepared by them under .the terms of reference appointing· them, as contained
in Order in Council P.C. 2275 of the 10th day of May; 1951.
- An examination and' study of the Criminal Code was authorized by Order
in Council P.C. 527 of the 3rd day of February, 1949. This task .was assiglled to
a Commission consisting of Hon. W. M. Martin, Chief Justice of Saskatchewan,"
Chairman; 1\1r. Justice Fauteux and MY. F. P. Varcoe, Q.C:, Deputy l\1inister of
Justice, with Mr. Arthur Slaght, Q.C., Toronto, as Counse1. The Commission
-was to have the assista_nce of a Committee comprised of Mr. Robert Forsyth,
K.C., (now Judge Forsyt_h), Toronto, Mr. J"ernand Choquette, K.C., (now Mr.
, Justice Choquette), Quebec, H. J. Wilson, Q.C., Deputy Attorney General of
Alberta, Edmonton, Mr. J. J. Robinette, Q.C., Toronto, and l\1r. Joseph Sedg-wick,
Q.C., Toronto. -The personnel of the Committee -was subsequently increased.
and 1\1r. W. C. Dunlop, Q.C., Halifax, Mr.' H. P. Carter, Q.C., St. John's, New- .
foundland, and Mr. T. D. MacDonald, Q.C., Ottawa, became members of the
Committee. As some members of the Commission and the Comrrlittee found.
that judicial duties and other commitments made it impossible to devote the
time necessary to the revision and as the work had progressed to a .stage where
it could be carried on by a smaller committee, the Committee was reorganized
by Order in Council .P.C. 68/4633 of the 26th day of September, 1950. On the
10th day of May, 1951, as above ·stated, by Order in Council P.c:::. 2275, the
present Commission consisting of Hon. W. 1\1. Martin, Chief Justice of Saskat-
chewan, Chairman; Hon. Mr. Justice Fernand Choquette, Quebec, His Honour
Judge Robert Forsyth, Tor-Onto, Mr. H. J. vVilson, Q.C., Edmonton; Mr. Joseph
Sedg-wick, Q.C., Toronto, and Mr. A. A. Moffat, Q.C., Ottawa, was appointed
and authorized and directed to prepare a draft Bill to reviSe the present
Criminal Code.
The terms of reference were as follows:
(a) revise ambiguous and unclear provisions;
(b) adopt uniform language throughout;
(c) elhninate inconsistencies, legal anomalies or defects;
(d) rearrange provisions and Parts; /
(e) seek to _siJ:nplify by -omitting and combining provisions; .
(f) -with the approval. of tne Statute Revision- Commission, omit provisions
-which should be transferred to other statutes; .
84694--1"
3 .

..
'
Report of Royal Commission 011 Criminal Code
(g) endeavour to :make the Code exhaustive of the criminal law; and
(h) effect such procedural a:mendments as are deemed necessary for the
speedy and fair enforce:ment of the criminal law. "
The Co:m:mittee appointed by Order in Council in February, 1949, and
reorganized by Order in Council of, the 26th day of Septe:mber, 1950, held, in
all, twelve :meetings, each one occupying a period of about one ",reek. Prior,
to the reorganization of the Co:mrnittee in September, 1950, the Committee
v,"orked in close co-operation with the Commission in inaking 'a general survey
of the Code and in laying the groundwork for the present draft Bill, Your
Co:mmissioners have found the preliminary work done during this period 'of
great value and :many of the decisions taken at that time have been incorporated
in the draft Bill, Your CQ:mmissioners feel that they would be remiss if they
did not express their appreciatiqn of the very valuable work done by those who,
through judicial duties and other com:mitments, found that they could not
continue with the work of revision. They therefore take' this opportunity to
express their sincere appreciation 'to '
Han. Mr. Justice Fauteux,
Mr. F. P. Varcoe, Q.C.,
Mr. J.J. Robinette, Q.C.,
Mr. W. C. Dunlop, Q.,C.,
Mr. H. p.'Carter, Q.C., and
Mr'. T. D. MacDonald, Q.C.,
for the very valuable <;!ontribution which they made toward the work of revision.
The Co:m:mission appointed by Order in Council of the 10th day of May,
1951, has held four :meetings, one in each of the :months of June, September,
October and November, each meeting extending over ,a peri()d of about one
week.'
The Committee and the Co:m:mission have been of the opinion that the
views of the provincial authorities should be obtained in connection with certain
Illatters, particularly with respect to procedure. For tbis reason the proviiicial
authorities have fro:m time to time been co:m:municated with and :meetings were
held with their representatives' at Calgary in the :month of August, 1949, prior
to the annual :meeting of the Canadian Bar Association, and in Septe:mber, 1951,
in the City of Toronto at the time of the :meeting of the Criminal Law Section
of the Conference of Commissioners on Uniformity of Legislation in Canada.
The latter meeting was arranged to obtain the views of the provincial repre-
sentatives with respect to 'a proposed revision of Parts XV, XVI, XVIII and
XXI of the Code. Certain changes in procedure were suggested in order to
give effect to the following purposes:
Ca} to simplify the summary trial procedure and to expedite the disposition
of cases;
(b) to attain, greater uniformity in the procedure relating to su:m:mary
trials of offences, whether punishable by indictment or on summary
conviction;
,( c) to provide uniform 'procedure with respect to the forfeiturS', of bail.
It is a matter of satisfaction to be able to report that there was general
approval by the provincial representativ"2s of the suggested changes in
procedure.

EXTENT TO WHICH REVISED CODE IS EXHAUSTIVE OF THE CRIJY.O:NAL LAW

Unde, the terms cif'reference the Co:mrnission is directed to endeavour tci


:make the Code exhaustive of the criminal law. Sections 10, 11 and 12 of the'
present Code :make the criminal law of England applicable in the Provinces of
Report of Royal Commission on Criminal Code 5
Ontario, British Columbia and Manitoba, as it existed on the 17th day of
September, l792, the 19th day of November, 1858, and the 15th day of July,
1870, respectively, in so far as it has not been repealed by any Act having the
force of law in the respective px:ovinces or by the Criminal Code or any other
Act of the Parliament of Canada. There are no. similar provisiqps in the Code
"'ith respect to any of the other provinces. As to the Province· of Quebec, there
can be no doubt that frOln the date of the Quebec Act, 1774, the English crilninal
law has been in force except as altered, varied or modified by competent
authority. As to the Maritime Provinces there are no statutes, Imperial or··
Canadian, which expressly deal with the introduction of the criminal law of
England, hut that law is considered as having been adopted in so far as it is
applicable to local conditions. Vide: ·Tremeear, 5th Ed., p. 44, and cases. there
cited. As to Alberta and Saskatchewan, the Northwest Territories Act, 1886,
c. 50, as arnended by C. 28 of 1897, s. 4, provided that the laws of England
relating to civil and criminal matters as they existed on July 15th, 1870, ·shall
be in force in the Territories in so far as they are applicable, and in so far
as they have not been altered, varied or modh4.ed by any Act of the Parliarrient
of the United Kingdom. applicable to the Territories or of the Parliament of
Canada, or by any Ordinance of the Lieutenant-Governor in Council or of the
Legislative Assembly. When the Provinces of Alberta and Saskatchewan were
Torm.ed in 1905 it was provided -by both the Alberta and Saskatchewan Acts
that all laws existing before the corning into force of those Acts should continue
in the new provinces in so far as they were not inconsistent with the Acts·
or where the Acts contained no provision intended as a substitute for them.
In the Province of Newfoundland, broadly speaking, the law of England as
to crimes and offences in· so far as it could be applied was in force when the
PFovince entered Confederation in 1949. The Criminal Code, however, was
proclaimed in force in Newfoundland on August 1, .1950.
Your Commissioners are of the opinion that the Code should be exhaustive
in so far as criminal offences are concerned, but that the =irriinal law. of
England, as presently in force, should be continued in respect of all other
matters. In order to give effect to this opinion, claus~s 7 and 8 have been
placed in the draft Bill .. These clauses are as follows:
"7. (1) The criminal law of England that was in force in a province
inlInediately before the com.ing into force of this ·act continues in force
in the province except as altered, varied, modified or affected by this.
Act or any other Act of the. Parliament of Canada.
(2) Every rule and principle of the common law that renders any
circumstance a justification or excuse for an Act or a defence to a charge
continues .in force and applies in respect of proceedings for an offence
under this Act or any other Act of the Parliam.ent of Canada, except
insofar as they are altered by or a!"e inconsistent with this Act or any
other Act of the Parliament of Canada.
8. Notwithstanding anything in this Act or any other Act, no person
shall be convicted
(a) of an offence at com.m.on law,
(b) of an offence under an Act of the Parliament of England, or of
Great Britain, or of the United Kingdom. of Great Britain .and
Ireland, or
"

NOTE: Where the reference is to a provision of the present Code, the word
"section" is used. _Where the reference is to a provision of the: draft Bill, the
word "clause" is used.
6 Report of Royal Commission on CriJninaZ Code
(c) of an offence under an Act or Ordinance in force in any province,
territory or place before that province, territory or place becarrle
a province of Canada, ,
but nothing in this section affe~ts the power, jurisdiction or authority
that a court, judge, justice or rnagi"trate had, iInmediately before the
coming into force of this Act, to impose punishment for contempt of
court."

Under these provisions the criminal law of Englfind in so far as it relates to


procedure in criminal matters, common law defences and the powers of a
court to punish for contempt of court are preserved,
Your Commissioners recognize that the original Code was not intended,to
be a complete Code and that common law offences were still retained. How-
ever, we have corne to the conclusion tEat by incorporating in the draft Bill
'all of the cornmon law offences in respect of which ch?rges are currently laid;
all offences which should be adopted from the cornmon law are included. -The
offences which have- been incorporated are common--'law conspiracy (clause
408(cl», public mischief (clause 120), indemnification of bail (Clause 119(2)
(d» and compounding a felony (clause 121). A specific punishment applies in
respect of each -offence. Certain common law offences are, in the opinion of
your Commissioners, obsolete and archaic and are not retained, e.g., champerty
and maintenance, barratry, refusing to serve in office and being a common scold._

REARRANGEJYI:ENT AND CONSOLIDATION

The Criminal Code was first enacted in 1892 and was founded largely upon
the draft Code prepared in 1878 by the Commissioners appointed by the
Imperial Government for the purpose of drafting a Code of the English
criIninal law, and also upon Stephen's Digest of the criminal 1a",-. Since that
time amendments and additions have been made at nearly every Session of
Pa~liarneJ;lt. Some of the arrlendments and additions have not been placed in
appropriate portions of the Code. Your Commissioners have consolidated and
rearranged sections which deal with the same subject matter and have thus
-facilitated reference. -
Having regard to the Appendices to this Report and the study which will
be given to the draft Bill, your Com_missioners do not consider it necessary to
set out in detail the rearrangement and consolidation that has been made.
However, as an indication of the'manner in which this work has been done, a
number of examples are given.

Rearrangem.ent
The present Code allocates prOVlSlOns under divisions based on subject
matter, One result of this is, for instance, that rules of evidence whether of
general application or related to a particular offence are gathered together
under the heading of "evidence" in Part XIX. This arrangement is inconvenient
because it necessitates not only reference to the provision creating the offence
but a~o reference to Part XIX for the purpose of ascertaining whether or not
there is a special rule of evidence. relating to the particular offence. For
example, section 394 of the Code deals with offences in respect of lumber and
lumbering equipment, Section 990 provides that where the material which 1
is the subject of a prosecution under section 394 bears a registered mark, this, .
constitutes prima facie evidence that the Illaterial which is the subject of the
charge belongs to the 'i'egistered owner of the Illark. -
, In the draft Bill, provisions which are of general application are continued
in a Part that is of general application, while provisions which relate to a
specific offence-have been put with the section creating the offenq,. In as much

Report of Royal Commission on Criminal Code 7


as section 990 is limited to an offence under section 394, it has been carried
into clause 285 so-that the special provision relating to offences under this section
may be readily ascertained. //
Other examples are cases in -which corroboration is requir~d or -where there
is a limitation of time for the commencement of a prosecution. In such cases
the requirement of corroboration or the limitation of time' is placed -with the
clause'that creates the offence. In the case of forgery, the provision in section
1002 requiring corroboration is incorporated as sUbsection (2) of clause 310.

ConsoLidation
The -work of consolidation is designed to do a-way -with duplication and
needless repetition, and provisions are drafted in a form that, -where possible,
eliminates particularization and reduces to a rrlinimum the need for amend-
ment. For example, the present Code contains provisions dealing -with false
entries in books of account. Section 413 makes it an offence for an officer of
a corporation to make false entries. Section 414 makes it an offence for a clerk
or servant to falsify books of account, etc. Section 41Wrnakes it an offence to
falsify books of account' to defraud creditors_ Sections 484 and 485 make it
an offence to make false entries in books of account of a government or of a
bank. In all these instances the gravamen of the offence is that it is done
-with an intent to defraud_ In the consolidation of these provisions (clause '340)
particularization is eliminated and it is made an offence with intent to dejrau-d
to falsify books of account, etc.
Another instance of consolidation to which attention is directed and -which
is intended to meet existing and future conditions, is to be found L.T)., Part X
-which deals -with counterfeiting. The object of this Part is the protection of
the currency_ By a comprehensive definition of currency and the consolidation
of provisions -which dealt separately -with the various kinds-of coin and -with
paper money, a simple and complete code relating to this subject has been
evolved.
Consolidation has also been carried out in -matters of procedure. One
instance of this is the creation of a separate Part (Part XIX) dealing -with the
cqlling of -witnesses and the taking of evidence on commission. At present
these matters are dealt -with in the several procedural Parts. This has resulted
in the enactment of a great number of provisions, each group designed to cover
the subject for the purposes of the proceedings dealt -with by the Part in which
they appear. -
Your Commissioners have therefore consolidated in one Part (Part XIX)
all provisions relating to compelling the attendance of witnesses and the taking
of evidence on commission.
It has been found that many sections of the Code relating to particular
offences may be omitted because the offences are capable of being dealt -with
in one -general provision. For example, sections 358-388 create many separate
offences for different kinds of theft. These sections are dropped and only one
offence of theft is created for which appropriate punishment is provided. It is
pointed out that this is in conformity -with the policy of Parliament as a similar
step' -was recently taken in respect of th_e offence of forgery.

UNNECESSARY PROVISIONS

,Certain prOVlSIons are not retain"ed because the same subject =atter is
dealt w-ith in other Statutes of Canada. The follo-wing are examples:
Sec_ 222A' -which deals "With manufactUre, importation and sale of
living bacteria, is now- dealt -with by the Pest Control Products Act.
R.S_C., 1927, c. 5, as amended by 1939, c. 21.

8 Report of Royal Commission on Criminal Code
Sec. 224 w-hich'Inakes it an offence for a per,son. to expose for sale
. articles v.'hich he kno'ws are unfit for human food, is no'w adequately
covered by the Food and Drugs Act, R.S.C., 1927, c. 76,. as amended
by 1946, c. 23, s. 2. .
Sec: 504A dealing :w-ith Inoneylenders is also covered by provisions
of the SInall Loans Act; S.C. 1939, c. 23. .
Sec. 506 dealing w-ith offences in respect of copyright is unnecessary
'in view- of similar provisions in the Copyright Act, R.S.C., 1927, c. 32.
For the same· reason w-e are of the opinion that the subject Inatter of
clauses 411 and 412 (sections 498 and 498A) should be dealt w-ith in the
Combines Investigation Act. We do not feel free to OInit these provisions
froIn the draft Bill because w-e are informed that a ComInittee has been
appointed by the Minister of Justice to study cOInbines investigation legislation.
In our opinion sections 1143-1148 inclusive of the Code relate to matters
which should more properly be dealt w-ith under provincial law-. Section 1148
recognizes the validity of provincial law- in relation to/ these m.atters and most
proviTIces have expressly dealt with theIn. To avoid confusion and duplication
these provisions are not retained. .
In our opinion section 508 and subsections (4), (5) and (6) of section 515
are of doubtful validity. In any event they .relat~· to Inatters which should
m.Ore properly be dealt with under provincial law-. They are in fact covered
. by statutory enactm.ents in the provinces.
Section 1048 provides that the court may aw-ard as cOInpensation to a
person aggrieved an amount not exceeding one thousand dollars, which shall
be deemed a judgment debt. This has been changed (clause 638) to provide
that compensation may be aw-arded out of m.oneys found in the possession of
an' accused. The lim.itation in amount has been removed because the amount
found in the possession of a convicted person sometimes exceeds one thousand
dollars and a lim.itation might work injustice. The creation of a judgment
debt is considered a civil m.atter and this portion of the present provision is
not retained.
PROCEDURE

. The major changes in procedure have been made in Parts XV, XVI,
XVIII and XXI of the present Code.
Parts XVI and XVIII deal with the trial of indictable offences by Inagis-
trates and judges. These Parts readily lend theInselves to consolidation
and are cOInbined in Part XVI of the draft Bill. The object of the consolida-
tion is to provide a com.plete and expeditious procedur.e for the non-jury
trial of indictable offences.
Under the proposed procedure the special jurisdict.ion confer:ced upon
m.agistrates w-ill be exercised only by those w-ho are expressly appointed for
that purpose. The requireInent that Inagistrates Inust be expressly appointed
to exercise jurisdiction under the Part is inserted in the expectation that the
provinces w-illdesignate only qualified persons. The follow-ing is the definition
of "Illagistrate":
"'Inagistrate' Ineans a person appointed under the law of' the
province, by w-hatever title he Inay be designated, who is specially
authorized by the terms of his appointment to exercise the jurisdiction
conferred_upon a Inagistrate by this Part, but. does not include tw-o or
more justices of the peace SItting together."
Consideration w-as given to the extension of the absoiute jurisdiction
of Inagistrates and it w-as decided that certain' minor extensions of this juris-
diction w-ould be justified. It is therefore extended to include offences under

,
Report of. ~oyal Commission on Criminal Code 9
clause 179 which are cognate to those rnentioned in clause 1.76 and over 'which
a magistrate 'now has absolute jurisdiction. Clause 176 deals with betting
pool-selling and book-making. Clause 179 deals with lotteries .. ·· The absolute
jurisdiction was further extended to include attempts to commit the offences
of obtaining property by false pretences, receiving and retaining, where. the
value of the property does not exceed fifty dollars.
In view of the requirement that magistrates who are to exercise jurisdic-
tion under the Part must be expressly appointed for the purpose, it was
decided that the number of offences which should now -be required to. be
tried by judge and jury should be I!educed to include only .treasonable
offences, piracy and piratical acts, murder, manslaughter, combinations in
restraint of trade, discrimination in trade, accessory after the fact to murder
or treason, attempt to commit murder and conspiracy to murder (clause 413).
The rights of an accused are in 'no way impaired as he is entitled to elect
whether he .will be tried by a judge and jury, by judge alone, ot' by a
magistrate.
'ProvisioJ;l is made t'o enable an accused who is in custody in one province
to have charges outstanding against him in another' province disposed of if he
wishes, but only where the accused- admit:;; his guilt and the Attorney General
of the province in which the offences were committed consents (clause
421 (3) ). .
The anomaly which presently exists v'}"ith respect to' sentences where a
magistrate tries an offence. mentioned in section. 773, is abolished. Sentences
'which !nay be imposed for these offences will be the same' whether the
offence is tried summarily by a magistrate or is tried by a higher court.
Under Part XVI of the draft Bill no magistrate has absolute jurisdiction
over any offence that is punishable by imprisonment for more than two
years.
SUT"!vrnary Conviction Offences
With respect to Part XV (now Part XXIV of the draft Bill) which is the ~
code of procedure for su:rn:rnary conviction offences, the purpose of the changes'
which are made is to bring about greater uniformity in procedure w-ith respec;t
to summary· conviction offences and indictable offences.
The draft Bill provides that a proceeding under this Part must be
cOIIl..."'TIenced by an information under oath and· that more offences than' one
may be included in an infonnation as separate counts' (clause 696). However,
there is reserved' to the court power to order a separate trial in respect of
one or more of the counts where it is in the interests of justice so to do,
Under this Part the right of appeal is extended to permit appeals against
sentence alone. Appeals are to be heard on the evidence taken at the trial
and the powers of the court hearing an appeal in a summary conviction matter
are similar to those' of the courts which hear appeals in indictable offences.
In order to en,;ure that th'e court w-ill have before it aU essential evidence,
authority is given to hear w-itnesses called on the trial as well as additional
w-itnesses.
Forfeiture of Bail
The provisions in respect of the forfeiture of bail contained in Part XXI
'of the present Code are not satisfactory. These provisions have been completely
rew-ritten and are contained in Part XXII of the draft Bill. They. provide.
a simple and uniform procedure for all the provinces.
COURTS
In the draft Bill courts are specifically. defined' as superior courts o(
criminal jurisdiction or courts of criminal jurisdiction. The terminology of
the present Code that involves references to such courts as Oyer and Terminer
'and General Gaol Delivery is not retained.'
·84694--2
-'
10 Report of Royal Commission on Criminal Code

SlldPLIFICATION

The provIsIons relating to arrest with or without warrant by a peace


officer or other person are shortened and simplified. (Clauses 434-438.)
The provisions relating to justification for acts authorized by law to be
done in the administration or enforcement of the law are combirled in clauses
25 and 26.
SUBSTANTIVE CHANGES

Your CommissioneI;s have made substantive changes in the cri=inal law


which in their opinion eliminate certain inconsistencies, legal anomalies and
defects in the law. ' ,
One example is that under the present Code on a charge of rape or indecent
assault, the evidence of the complainant need not be corroborated., However,
a rule .of practice requires the frial judge to give a .warning as tb the danger
of convicting on the complainant's evidence alone. This rule is 'codified and
extended to cases of carnal knowledge (clause 134) v,rith the 'result that under
the draft 'Bill corroboration of the evidence of the 'complainant is no longer
required in cases of carnal knowledge.

GA:NIING PROVISIONS

Your Commissioners have considered the gaming sections of the Code.


While' we are of the opinion that these sections contain certain inconsistencies
and anomalies we have suggested no substantive changes' because of the
controversial natur'e of the matters involved.

SENTENCES

The sentences ,provided in the present Code follow no apparent pattern


or principle and ill OUT view are frequently not consonant with the gravity
of the offences to which they relate.
'Your Commissioners are of the opinion 'that there should be a few general!'::
divisions of punishment by imprisonment, each offence being assigned to' one
of the divisions. Accordingly, apart from the cases where the, sentence of
death may be, imposed, maximum sentences of imprisonment are provided
as follows:
(a) Life,. "
(b) 14 years,
(c) 10 years,
(d) 5 y~ars,
(e) 2 years.
Suspended Sentence
The provisions relating to suspension of sentence contained in section 108;1
of the Code are varied in clause 638 of the draft Bill. Under section 1081 where
a person is convicted of any offence and no previous conviction is proved
against him, the court may suspend the passing of sentence, but if the offence
is punishable with more than two years' imprisonment, the concurrence of
counsel acting for the Crown is required. It is the opinion of your Commis-
sioners that the powers of the court to suspend the passing of sentence should
not be subject to the consent of counsel for the Crown. It is a fundamental
principle of the administration of justic~ that the law should be administered
by a free and independent judiciary, and in determining whether 'a convicted
person should be released on suspended sentence and thus be given an oppor-
tunity to rehabilitate himself, or should be sent, to prison, the discretion of,
-the judge should be unfettered. Under the provisions of clause 638 the court
has power to suspend sentence in the case of any offence without the' concur- ,
Report of Royal Commission on Criminal Code 11
ren ce of counsel for the Crown, but the Crown is given an' appeal against the
suspension of sentence, (Clause 581 (d)) ~ The provisions )"ith respect to -
previous convictions have been retained.

Fines
The provisions of the present Code empowering the'imposition of fines
in lieu of or in addition to any other punishment are retained.

Minimum Punishment
Your Commissioners consider that all mlnlffium punishments sh'ould be
abolished and none are continued 'In the draft Bill. "
In 1878 Sir John Holker, then Attorney General of England, in introducing
:;: the original Draft Code iIi the House of Commons, said:
"Minimum punishments were a great evil, and :r am happy to say
that these punishments have been to a very considerable extent set
aside 'by recent legislation; and now a very large discretion is confided
to judges, and they are enabled, upon their view of the circumstances,
to n'i.tigate the punishment almost to any extent. I think that is right."

Chief Justice McRuer in Vol. 27 ,of the Canadian Bar Review (1949), p. 1003,
writes in part as follows:, '
"It is =uch easier to justify a fixed punishment for =ti.rder, with
all the safeguards of review that have been thrown around the execution
of the sentence, than a minimum sentence for theft of a =otor vehicle.
An arbitrary law of the latter character tends to corrupt the administra-
tion of justice by creating a will to circu=vent it. Even parliament
itself has shown such a disposition by the enactment of section 285. (c)
of the Criminal Code which, although appearing to create a separate;,..
cri=e, defies the legal mind to distingUish it from theft properly defined."'-
,
Punishment for Summary Conviction Offences
In keeping with our' desire for simplification, the draft Bill provides one
genera] penalty ,for all csu=mary conviction offences, namely, a fine of $500
or six months' imprison=ent, or both .
.;
Indeterminate Sentetl-ces
Your Commissioners have considered the question of indeterminate
sentences and have consulted the provincial representatives in ,the matter.
There' was no general feeling in favour of such sentences;, and While we believe
they would have some merit, we think it would be impracticable to provide for
such sentences until the requisite =achinery, including a parole board, has been
established.
GRAhTD JURY
,'- .
Your Co=missioners favour the abolition of the Grand Jury.in the interests
of uniformity. It, has been abolished in every part 'of the British Common-
wealth except in Canada where it 'is retained in five provinces, nam~ly, Ontario,
Nova Scotia, New'Brunswick, Prince Edward Island and Newfoundland. How-
ever, the Grand Jury for=s part of the judicial =achinery for the enforcement
of the 'law in those provinces where it has been retained. Moreover it has in the
past been abolished only in those provinces that have asked for its abolition. In
"
these circumstances we do not feel 'free to recommend its abolition without .the'
'support of the provinces concerne<;l. '
84694-21
12 Report of Royal Commission on Criminal Code
CR=NAL NEGLIGENCE

.We have considered the ·question as to the degree of negligence necessary


to constitute a crhninal offence.
A great deal of confusion has arisen, particularly in motor manslaughter
cases, as to the degree of negligence required to sustain a ·conviction against an
. accused person. Much of the confusion arises by reason of the standard of care
set forth in section 247 which reads as follows:
"247. Every one v,ho has in his charge or .under his control any
thing whatever, ",,-hether animate or inanimate, or who erects, makes·
or maintains anything whatever "\vhich, in the absence of precaution or
care, may end~nger human life, is under a legal duty to take reasonable
precautions against; and use reasonable care to avoid, such danger, and
is criminally responsible for the consequences of o:mitting, without lav.rful
excuse, to perform such duty."

This definition appears to impose criminal liability for what rnight be


termed civil negligence,
.
yet the weight of judicial authority is to the effect that
~

in order to sustain a conviction, it :must be shown -that the negligence of an


accused person went beyond a mere matter of co:mpensation and showed such
disregard for the lives and safety of others as to a:mount to a crime against the
state and conduct deserving punishment.
There is also the difficulty with respect to cases involving so-called
involuntary manslaughter and particularly motor manslaughter in which the
jury is reluctant to convict an accused person notwithstanding that he may
have been guilty of reckless conduct amounting to cri:minal negligence. This
difficulty gave rise to the enact:ment of section 951 (3) of the Crirninal· Code
which enabled a court, upon a charge of :manslaughter arising out of the opera-
tion of a motor vehicle, to acquit the accused of manslaughter and find .him-
guilty under section 285 (6Y notwithstanding that the degree of negligence
required to warrant a conviction for the major or minor offence was the same_
In order to resolve these difficulties we have dropped section 247 and also
section 951 (3) and have inserted a definition of criminal negligence in clause
191 of the draft Bill as follows:
"191. (1) Everyone is criIninally negligent w~o shows a wanton or
re(;,kless disregard for the lives or safety of other persons·
(a) by doing a!lything, or
(b) by omitting to do anything that it .is his duty to do.
(2) For the purposes of this section, "duty" means
(a) a duty imposed by law, or
(b) a duty for the breach of which a person may be found liable in civil
·procee~ings. "

This definition is followed by clauses 192. and 193 which provide that
everyone who by crirninai negligence causes the death of another person -is
guilty of ·an indictable offence and is liable to iInprisonment for life, and any
person who by crirninal negligence causes bodily injury to another person is
guilty of an indictable offence and is liable to iInprison:ment for ten years.
The definition of criminal negligence in clause 191 is in accord with judicial
authorities which state that wanton or reckless misconduct is required to ;;upport
a charge involving crirninal negligence: R. v. Bate7nan, 94 L.J.K.B. 791; Andrews
Report of Royal Commission on Criminal Code 13
-v.Director of Public Prosecutions, 106 L.J.K.B. 370; R. v. Greisman, 59 O.L.R.
~56, and 46 C.C.C. 172; R. v. Baker, (1929) S.C.R. 354. In R. v. Bateman, supra~
Lord Hewart stated that to support an indictment for manslaughter based on
criminal negligence, the prosecution must prove the IIlatters necessary to
establish civil liability (except pecuniary loss) and in addition must satisfy
the court that the negligence alleged "went beyond a mere matter of compensa-'
tion and sho'wed such disregard for the lives and safety of others as to amount
to a criIne against the state and conduct deserving 'punishInent". See also the
r'emarks of Lord Atkin in Andrews v. Director of Public Prosecutions, supra h

and Tremeear, 5th Ed., pp. 271 et seq.,


, It should be 'observed that under clause 19'2 any one ~ho is convicted 'for
causing the death of another person by criminal negligence in operating a'
~:notor vehicle is liable to life imprisonment.
In clause 194 (5) it is provided that a person commits culpable homicide
'when he causes the death of a human being by criminal negligence. Und'er this
provision anyone who causes the death of another persop by criminal negligence
may be indicted for manslaughter, and if found guilty,fs liable under clause 207
to imprisonment :for life.
Tn concluding the report, on the subject of criniinal negligence, attention
should be called to the provisions of clause 221 (1) whiCh make it an offence"t6-
be criIninally negligent in the operation of a motor vehicle wh;eth.er'or -not"such
operation causes bodily injury to' or death' of another person. Because of this
provision it has been unnecessary to retain subsections (1) and (6) of section'
~.. 285.

PLACE OF TRIAL (NEWSPAPERS)


The Commission has considered that subsection (2) of clause 421 which
prpvides that the proprietor, publisher; editor or other person charged with
the publication Of a defamatory libel in a, newspaper 'or with conspiracy tcF:
publish a defamatory libel shall be dealt with, indicted, tried and punished in
the province '."here he, resides or in which the newspaper is printed. The
'majority of the Commission is of the opinion that the provision is contra:ry to
the well established principle of the criminal law that an accused should be
indicted, tried and punished where the offence is committed and that there
appears to be no good reason under modern conditions why this principle should
not be preserved in relation to newspapers. However, in view of the fact that
this section was recently before Parliament, it is retained in the draft Bill.

CONCLUSION
Your Commissioners desire to ,state that as to some of the provisions of the
draft Bill there was 'a difference of opinion. While the draft Bill presented
- reflects in some respects the view of the majority only, no useful purpose can
be served hy indicating specifically the matters in which differences of opinion
were not fully resolved.

The following appendices are attached hereto:


Appendix A-Table of Concordance showing disposition of sections
,of the present Code.
Appendix B-Table of Concordance showing origin 'of clauses in the-
draft Bill.
Appendix C-Table of Contents of the draft Bill.
... .....;, :
- -''::::-; - -
'," 14 Report of Royal Commission on, Criminal Code
/ -
In concluding this report your Conunis,sioners wish to take this opportunity
of expressing their appreciation of the valuable assistance and untiring service
which they have received fro:m the following personnel: " //
Mr. J. C. Martin, Q.C., who has acted as Couns,el to the Co:mITlittee and
Cornrn.ission; ".";
Mr. A. J. MacLeod, of the Depart:ment of Justice, for his assistance in
th~ drafting of the Bill; and

Mr: L. J. Ryan, who has acted as Secretary to the Co:mmittee and


Commission.
-
Respectfully sub:mitted.
(Sgd) W. M. MARTIN, Chairman,
ROBERT FORSYTH,
FERNA:rn) CHOQUETTE,
H. J. WILSON;
J. SEDGWICK,
A. A. MOFFAT.
Ottawa.
. February 22, 1952.

-, '

,- . -,"
.'" .-
,,

'i' . "Report of Royal Commission on Criminal Code 15

;'.-.' .
CRINIINAL CODE REVISION
','.
"A"
TABLE OF CONCORDANCE RESPECTING
SECTIONS OF PRESENT-CODE

. Ottawa,
~; ;-,'
3anuary, 1952.
TABLE OF CONCORDANCE

Present Code Section Clause in Draft Bill Present Code Section Cla.use in Draft Bill

1 1 6 3 (5)

2 (1) (T) 7 3 (6)


(Z) (Z)
(3) dropped 8 4
(4) (3l
(4) (a) (4 9 6
k (5)
.(6)
(5)
dropped
f (9) 10
(7) 11 } covered by 7
I (8)
(9)
(10)

(9) (a)
391 (d)
168 (1) (e)
dropped
not required be:.
1Z

13 9
cause of definition
- of territorial divi- 14 dropped
sion.
(11) (lZ) 15 10
(12) (13
i13 )
14)
(15)
(15
(16)
(17)
S 16 7 (2)

12
17
(16) dropped
(16) (a) (19) J8 ~.'
• 13 ~
(17) (20) and (8)
(18) dropped 16
(21) 19
(19)
(20) dropped.
{20} (a) (23) 20 17
(Zi) (24)
(2Z) (26) 21 18
(23) 247 a.nd 421 (4)
i24
25})
(28) and (11)
(29)
dropped
22 19

~}
(26)
(27) (30)
(28) (22) 25 25
(29) (31) 26
(30) 81 (2) 27
(31) (32)
(32) (34) 28 28
i(rsl
33
}
(35)
(36)
dropped 29 25
36
((37 l (43)
(38)
dropped 30
31
(38)
(39) (39) 32
(40) " (40) 33 25
(41) 410 (2) 34
(42) (41) 35
(43) (42) 36
(M) (43) 37
(45) (M)
(2) 3 (1) 38 dropped...
3 3 (2)

4 3 (3) 39 25
5 3 (4) and 485 40 29
.;:;

Report of Royal Comnz{ssion on Crilninal Code

Code Section Clause in Draft BHl Present Code Section Clause in Dra.ft Bill

84 57. ..-

} 25 87
88.
M
65
30 89 67
31 90 66
91 68
32
92 . 69
93 33
52 27
94 70
(1) and (2) 34 95 110
(3) 36
54 (1) 35
96 }
97
" 372
(2) 36
99 71
55 37
100 See 160
56 38
101 72
39
102 73
59 } 40 103 74 "
·60
104 dropped
61 41
105 ' 81 (1)

i
62 42 106}
·63 43
107
108 dropped
64 ,44 109
.. 110
65 45
111 77
66 26
112 78
67 14
113 79
68 15
114 80
69 21 and 407
115 82
70 22
71
116 S3
23
72 24 117 84

74 (1) 46 (1) and (2) 118 85


(2) 47 (1)
119 86
75 46 (3)
120 88
76 50·
121 89
77 46 (1)
122 90·
78 . 46(1)
79 51 123 91

80
81
52
53
124
125
93
94
-
82 54 126 95
83 56 127· 96
:~~;~f1@t't of Royal Commission on Criminal Code

Code Section ClaW>e in Draft Bill Present Code Section Clause in Draft Bill

97 182 122/
98 18:3 . 123
184 dropped
dropped
185 125
186 128
,_ r 187 }' 124
188
61 189 125
&% 190 125
1M 191 } 121
192
7i
193
194 } 126
76
195
7i
196
dropped
197
\1\1
198
100 (1)
199 }
200 HI1
161
201
102
202 l-i7
M4,
203 dropped
103
2<H 1-i2
1<H
205.,. 158
105 =d M4,
• 205A (1) 1511
106 (2) dropped
107 206 US
lOB 207 150
1011 207"- 151
110 208 152
209 (a) and (0) 153
111 . ,rc) . 324
99 and 112 210 131 (3)

99 211 (1) 143


(2) 131 (4)
113 (1) (3) dropped
173 ll-i 212 144
113 (1) 213 (1) 145
(2) 131 (4)
'175 } 114
1'7.6 . 214 (1) 146
117 (2) 131 (2)
117
17$ 408 (b) 215 (1) 155
(2)-(6) 157
,ii9' . 118 (7) 133
"iaG
-_'O~_ . 110 216 184 (1) and (2)
181 dropped' 217 156
84694-3
-Report of Royal Commission on Criminal Code

Code Section Clause in Draft Bill Present Code Section Clause in Draft Bill

- 408 (e) 247 .......covered by 191


140 248 188
dropped 249 190
165
} 250 194 (1)
251 195
dropped
252 194 (2) - (5)
160 (a)
253 194 (6)
dropped
254 198
dropped
255 200
168 (1) (b)
256 199
108 (1) (e), (d), (h) and
} (;) and 168 (2) and (4) 257
,
-196
176 (2), 182 (2) 268 197
(1) 176 (1) 259 201
(2) 182,176
(3l
(4
108 (1) (h)
182 (2)
260 202
(5) dropped 261 203
(6) 182 (4)
(7) 182 (3) 262 (1) 205
(8) 183 (2) 204
<
175 263 206
326 (1) 264 210
327 265 316
,-

} dropped 266 (a)


,- (b)
408 (a)
407
180 267 211
177 268
178 207.
. 236 179 268 .. 208 .~
, -f'-

237 167 269 212


238 (a) 164 (a) 270 213 -
(b) dropped
(e) 160 (b) 271 214
(d)' 164 (b)
(e) 272 215
160 (e)
(g) 160 (d) 273 216
(h) 372
-Sf-~', (i) -164 (e) 274 231 (2)
(j) 164 (d)
(k) 164 (e) 275 dropped
239 164 (2) 276 218
"i'_~

240 185 277 } 217


-:-,:.~, 278
186
,,:::". ill} 279 77
230 78
243 190
231 219
244 186 and 190
282 220
245 189
283} covered by
246 187 284 193
of Royal Commission on Criminal Code, 19

Code Section Clause in Draft Bill Present Code Section Clause in Draft Bill Ii
and (2) 221 (2) and (3)
231
318 249 /

!~
222
,,
319 262 I
223
- (48)' - 224 320 255
226
221 (1) 321 256
and (8) 225
2 (18) '322 257
227 323 258
228 324 259
229 (1) and (2) 325 260
326 265
230
327 263
231 (1) /
"
323 264
and (b) 141 (1)
231 (2) 329 253
148 330 254
132 331 261
231 (2) 332 252
232 333 250
"
233 334 251
135 335 (1) (a.), (b) and (e) dropped
139 (d) , 268 (a)
(e), (f) drofped
136 (g) 2 (14
137 fi)
(h)
,
j), (k), (I)
268 (b)
dropped
268 (e), (d), (e) ~
138 (=) 322 (a.)
131 (4) (n) • 351 (4) (a)
dropped (Pi'
(0)
(.
(q), (r)
, 322 Jb~
ropped
268 (f)
:037 (t), (u) dropped
(" ) ,322 (e)
(w) 351 (4) (b)
(x) 322 (d)
305 238 (1/ ) 322 (e)
306 209 336 351 Q)
307 239 337 dropped
30S 240 338 ' dropped
309 (1) 241 (1) 339 2 (14)
. (2) 242
340 294
310 243 (1)
covered by 351
311 244 ill}
iiii! 245 343 dropped
313 234 344 269
Si4 dropped 345 269 (5)
.,
::315 235 ' 346 270 (1)

*317
236.
248 \
347
34ll
269 (1) -
271
(4),

'.,84694-31
,i
I'
' ,it
II
Report of Royal Commission on Criminal Code , 1
I
i
Code Section Clause i" Draft Bill Present Code Section CIa u~ in Draft Bill

~72 39S 299


~1)
2) dropped
399 296,297
dropped
400 298 (1)
%73
401 dropped
%74
402 300
droppeo.
4()3 dropped
%75
4M 303
276
405 (1) 304 1) (a)
%77 (2)
(3) 304 (3)
1
304 1) (b)

178
405 .. , 58
Ml5B, 59,
dropped
4050 58
406 (1) 305
(2) 306 (1) ..nd ~2)
~Q8 (1) (3) 306 (3) and 4)

407 (ll
(2 {a}
dropped
364 (1) {eJ
304 (1) (d)
(3) (b) 307

.droppeoi 408 346

409 347
..;
,410 346
411 348 ~

412 (1) and (2) 33t;


ins (1) dropped (3) U4
, (2) !7Q
413 340
'J
- .;- ::"'0
~ -~::-
.
-380
'.-'," -
:381
. '--~;--" . :382
-,--~', . "'j
~
,384
-385 .
.dropped

~overed by
414
415
415A (b) and (e)

416
balance
• 343
340
341

342
dropped

:386 } 2S0
.0" '._'
:387 417 (a) and (b) 335
(e) 845
:388 dropped
,418 840
389 dropped
419 328
390 ~2
420 329 "
391 -283
421 830
392 • ~ (1)
dropped
393 covered by ~}
386
4Z4 ?)2)-(5)
and (6) 337 ,
3M '285 (1) and (6) , , dropped
,
395 dropped 424A 339 l
,
396 'Z86 425 331

':;97 :t87 !26 332

- .~
Royal Commission on Criminal Code 21

Clause in Draft Bill Present- Code Section Clam", in Dra!. Bill

333 4U 313/
au H5 au,
dropped 476 315
358 477 317
dropped 478 318
285 (2)
479 319
359
360 480
481 } 320 and 321
482
361 and 664 483
484 340
362
485 , 340
l 363
486 349
dropped 487 350
488 351,352
dropped 489 351
181 490 353
179
490A 364
308
491 355
323
492 356
325
4:93 dropped
288
·494 352
289 495 dropped
288 '496 } 409
497
290
498 411
498" 412
291
499 365
500 dropped
456
-
M'l
457
,:458 .
459
292
501 }
502
502A
'
366

367
.460
461
503 dropped
462 293
504 363
463 82
SMA dropped
464 295
505 369
465 dropped
466 506 -dropped
309
467 311 508 dropped
, 468 310 (1) 509 371 (1)
509A 49
411
472 } 312
-473 510 372

-
Report of Royal Commission on Criminal Code
,
Prese:at Code Section Clause in Draft Bill

16S 546
547
374 548
549
375 550
551
374 552
553
554
375 555
556 Part X
377 557
dropped 558
5.59
316 560
561
.378 562
563 ,
372 554
565 ,
567 \
372 ' 568 dropped
569 Part X
.;
570 } 406 and 407
covered by 372,406 571
572
379 573 . 408 (e)
372· 574 }, 406
575
380
575A .659
381
575B 660
320 and 321
5756 (1) 660
382 (2) ,. dropped
(3) and (4), 662
383 575n 668
531 } . 384 575E 667
532
575F 664
533 }
534 372 575G (1) 664
535 (2) and (3) 665
385 575H 666
537 (1) (a) and (b) 386 576 424
(c) 316
(2) dropped
577 414
538 316
578 dropped'
539 373 554
579
540 dropped 413 (1)
580 (1)
(2) 418
541 371 (2) and (3)
and 376 581 416
542 387 581A 417
.: , 388 582 413 (2)
389 583 413 (2)
545 390 • 584 419
-lI9 585 422

S.c. COURTHOUSE l1BRARV '. SOCIETY


"ANr.nl IVFR
\

Commission on Criminal Code 23


,
Section Clause in Drait Bill Present Code Section Clause in Drait Bill

645 428/

646 434
dropped
647 435
dropped
648 435
410 (1)
649 436
420 (2)
650 437
dropped
652 435 pt. 438 pt.
100 (2)
653 439
dropped
654 439
229 (3)
655 (1), (2) and (4) 440 (1)-(3)'
(3) ./ Part XIX
dropped
dropped
656

658 (1) 441 (1)
(2) 441 (2)
(3) 440 (4)
(4) 441 (3)
- (5) 441 (6)
425
659 (1) 442 (3)
Part XIX (2) 440 (4)
dropped 660 (1) 443
(2) and (3) 442 (1) and (2)
.426 (4) and (6) 444
dropped 661 (1) and (2) 445
I----~ (3) 20
662 (1)-(3) 447 and 429
(4)-(6) 446
dropped 663 Part XIX
664 442 (1) (c) .

665 (1) dropped


(2) and (3) 456
429
666 456
430
667 448
432 (1) and (2)
668 449
covered by 405
669 458
433
670 459
96
355 (2) 672 )
671
673
dropped 674 Part XIX
675
338 676.
677
285 (3)
678 457
172
679 } 451
171 and .173 680
681
174
682 } 453
dropped 683
Report of Royal Commission on Criminal Code
,
Section Clause in Draft Bill Present Code:&ction Clause in Iflaft~BilI

4053 and 454 721 .. 712


722 710
4,55
.723 701
454
724 704
460
725 703
dropped
726 711
dropped
727 713
4,60
728 714
512
729 dropped
461
730 715
Part XIX /
731 dropped
461
732 699
(1) 462
(2) . 508 733} dropped
(3) and (4,) 514 734
463 735)
716
736J
·737
464 733
463 739 694
465 -740 621 and 373 .
463
741)
672

&1~~\~~~(a)-
742}
743 dropped
636 744
745
(d) 692
(e) 733 746 621

692 (d), 693 747 dropped


692 ((1),705 .748 (1) 637
(2) - (5) 717
695 (2)
697 749 719, 720 and 721
692 ((1)
750 721,722. 724 and 725
709 699 727
751 (1)
(2) 731 (2)
710
711)
695,696
Part XIX
(3l
(4 and (5) .
728
dropped
712~ and 700
713; 752 + covered by Z.27

714, 42& 753 727


715 709 764 727 and 732

716 (1) 709 (3) 7155 730


(2) - (4,) Part XIX
756 732 (2)
717 702
757 (1) 726 (1)
, 718 710 (3) (2) 725 (2)
(3) 712 (4)
. 719 706 (4) 782 (3)

720 707 7158 . 731 (1)

721 708 759 781 (3) and (4)


of Royal Commission on Criminal Code

.Code Section Clause in Draft Bill - Present Code Section} Clause in Draft Bill

72g, 730
734
ill}
49i"
735
736 ~}
737 845 (1) and (2) 491
738 (3) 510
740 846 dropped

741 847 (1) 65 and 492


(2) 510 "
739
848 dropped
742
743 849 502 and 503
744 850 dropped
851 572
Part XVI
852 } 492
" 853
854 500

855 (1) 493


[(2) 492
Part XVI
856 499,501

857 } 501
858
441 (4) and (5)
470 859 }" 497
"860
861 494
Part XVI
862- " 495

Part XIX 858 496


864 (aJ - (dJ dropped
(e) 270 (2)

PartXv,r 865 498

" 630 866 } dropped


867
868
450
869 (1) , 298 (2)
(2) dropped
Part XVI
870 dropped
871 dropped
872 486
873 (1~ - (3) 487
(4 488
(5 - (7) 489 "
Part XvI 874 } 504
875
876 505

877 506

878 dropped
879 507
r'ji'l~gpc>rt, of Royal Commission on Criminal Code 27
I Present Code Section Clause in Draft Bill
Code Section Clause in Draft Bill

560 1002-(Cone.)
(e)
(d)
Vi'l (1~' 184 (3)
561 242 (2
(eJ 310 (2
490
1003 (1) dropped
572 (2) 566
(3) 99 (j)
573
1004 575
580
1005 576
523
1006 covered by 634
524
1007 dropped
525 i
1003 } 577 ,\
526 1009
1010 578
.'
i'
527
1011 579
Part XIX 1012 581
1013 i1r (2) pt.
2 , (4), (5) pt.
,583
584
(3 - 582
446 (6) 585
(5) pt. 592
562
1014 592
113 (2)
1015 593
dropped
1016 592
4{)3
1017 424,595
574
1018 586, 594
dropped
1019 587
565
1020 424,588
169
'1021 (1) - (3) 424,589
169, (4h.nd (5) 590
170 i6)pt. (7) 594
326 (2) l°l '
(11 , (13) - (18)
591
424
(8l 589
563 1022 (2 596 .

'!.l89
;~90
284 (2), (3)
2«5 (4), (5)
1023
gl
(3)
pt.
597 (1)
5S7
598
,',"
'j"' (4) 599
\'991 364 ' •
1024 600
{~92 357
1025 (1) 597,598
;!i(." 93 301 (2) 599

'994
, , 302 1025A
1026 640

Part XIX 1027 5 (1)

1028 } 621
1029
564 1030 ~
1031 5 (1) (b)
:902 (a) 47 (2) 1032 ,
(b) 115 1033 J
84694~
; i',~.

28

Present Code Se-etion~


Report of Royal Commission on Criminal Code

Clause in. Draft:Bill Present Code Section Clause in. Drait Bill
I
~

~
1034 1072 649
~
>
II
t)
654

1035 and (2) 622 1073 651 i


3) 623
> 4) 621 1074
1075
652
653
I
1035A 625
1036 } 626 1076 655
1037
1038 627
1077 '" 656
1078 dropped
1039 355 (2)
1079 dropped
1040 dropped
lOS0 657
1044 dropped
10S1 63S
1045 631 > -'
10S2 dropped
1046 } dropped
1047 1083 639
1048 628 1084 } 658
1085
1049 629
10S>6 }
1050 630 1087 Part XXII
1083
1051 5 (1) (b)
1089
1052 (1) ·633 1090
(2) 694 (1) 1091
1092
1053 dropped 1093
1094
1054 621 1095
1096
1054.~ (1) - (3) and (5) 661 1097
(4) 662 1098
(6 665 (2) 1099
(7
(8)
5 666
659
1100
1101
1102
lO54B 624 1103 >>
1104 Part XXII
1055 621 1105
1106
1056 634 1107
1108
1057 dropped 1109
1110
1058 } 637 1111
1059 1112
1113
1050 641 1114
1115
1061 dropped 1116
1062 642
1117
1118 J
1119
1063 643
1120 631 ,
1064 644
1121 } 632
1122
1065 }
1066 645
1067 1123 dropped
1068 646 1124 683

1069 64~ 1125 634

1070 648 1126 685


1071 650 1127 686
Commission on' Criminal Code 29

Section Clause in Draft Bill Present Code Section Clause in Draft Bill

"" I
687 1142 693 (2)

682
1144
1145 dropped
688 1146
1147
689 1148
48 (1) 1150 dropped.
133, 184 (4)
48 (2) 1151 dropped.

627 1152 748 .

-'
30 Report of Royal Commission on Criminal Code

CRIMINAL CODE REVISION

"B"
TABLE SHOWING ORIGIN OF CLAUSES IN DRAFT BILL

Ottawa,
January, 1952.
--
Clause No. R.S. C. 1927. c. 36 Clause No. R.S.C.1927. c. 36

PAR'!" I 6 9
1 J 7 (IS
(2 / 16
new
. .2 (1) 2 (1)
(2) (2) 8 new
(3) (4) 9 13
(4) 4) (0;) .
(5) (5) 10 15
~6) new
7) new n new

m
(10)
(17)
(7)
new
12 17

m
13) 12)
~24)
11)
13
14
18
67

1
14) 335 (g) and 339 pt.
P3) .. 15 68

r
15)
(16) 14)
7 (15) 16 19
- 18)) 285 (9)
19) 116) (a) 17 20
(20) 17)
(21) (19) 18 •. 21 ~
(22) (28)
(23) (20 (a) 19 22
~24)
25)
(21
new
5 20 661 (3)
26) (22)
(27) new 21 69
(28) (24)
(29) (25) 22 70
(30) (27)
?1) (29) 23 71
32) (31)
(33) ne~
24 72
~34) (32)

t
(33) 23 to 27,20,30 to 37,
g5 (34) 25
39,41 to 4,5
37) new
38) (38)
39) (39) 26 66
(40) (40 )
41) put in 410 (2) 27 52
(41) ( 42 )
(42) 43)· 28 28
(43) (44) a.nd 36
(44) (45) 29 40
3 (1) 2 (2) 30 46
(2) 3
t)
4)
5)
4
·5 (1) (b) and (2)
6
31

32
47

48.49, 50, 51
(6) 7
.4, 8 33 93 0

5 (1) (a) 1027 34 63 (1) and (2:)


(b) 1030-1033 and 1051
(2) new 35 54 (1)
p.: --= -"-"i:~ ,;>;.q ....... -.~- -~.~--- ·~...J;lr;.

..
l'
Report ot Royal Commission on Criminal Code 31

Clause No. E.S.C. 1927. c. 36


I Clause Nc. R.S.C. 1927, c.36

36 53 (3) and M (2) 72 101


37 55 . 73 102
38 56 74 103
39 57 and 63 75 137 and 139
40 59 and 60 76 138
41 61 77 111 and 279
.(2 62 78 112 and 280
<13 63. 79 113
« 64 80 114
<15 65 81 ~l)
2) .~/
105 and 106
2 (30)
PAETH 82 115 and 463
46 (1). (2) ""d (8) U. 75,77,78 83 116
<17 (1) u· (2) 84 117
(2) 1002
85 (1) 118
.{8 ?)2) 1140 ~1) (a)
1140 2) . '.
(2) new
86 119
.{9 sag-A "
87 new
50 76 and new
38 120
51 79
89 121
52 80
90 122
63 81
ill 123 ~
M 82
92 new
65 847 (1)
93 124
56 83
94 125
57 84
95 126
63 405... ,4050
96 127 and 634
50 405B
97 128
60 133 and 133A
98· 129
61 134
62 135 PART III
63 132A 99 155.170,171 and 1003 (3)
M 87 100 156 and 593
65 88 101 157

66 90 102 158

67 89. 103 160

68 91 104 161

69 92 105 162

70 94 106 163·

71 99 107 164
32 Report of Royal Commission on Criminal Code

~ Clause No. If R.S.C.:1927, c. 36 Clause No. R.S.C. 1927, c. 36

108 165 143 211 (1)


109 166 144 212
110 95, 167 and 168 145 213 (1)
111 169 146 214 (1)
112 170 147 202
113 P)
2)
172 and 174
979
148 293
149 206
114 173, 175 and 176 .
150 207
115 1002
151 207 ...
116 new
152 208
117 177· / '.. j
153 209 (<:) and (b)
118 179
154 new
119 180
155 215 (1)
120 new
156 217
121 new
157 215 (2) - (6)
122 182
158 .205
123 183
159 205... (1)
124 187 and 188
160 100, 222B and 238
125 ·185, 189 and 190
161 199, 200 and 201
126 193, 194 and 195
162 new
127 191 and 192 .
163'- OIOA ~
123 186
164 238 (a), (d:), (i),
129 196 (j), (k) and 239

165 221 and 222


PARTlY
166 136
130 197 167 237
131 (1) 1002
(2) 214 (2)
~3)
4)
210
211 (2), 213 (2) and
PART V

301 (4) 168 (1) (a) new


(b) 225
132 294 (e) 227
(d) 226
133 215 (7) and 1140 (1) (c) (e) 2 (9a)
(f) new
134 new (0 ) new
135 298 (1)
(hJ
(i
227
227
~2) and 229 (3)
2)
(2) 226 1) (b) (li)
136 299 ~3)
4) 226
Dew
·(2)
137 300
169 985 and 986 (1), (2)
138 301 and (3)
~
139 298 (2) 170 986 (4)
140 219 171 641 -......
-
141 292 (a) and (b) 172 640
142 204 173 &U (1)
Report oj Royal Commission on Criminal Code" 33

Clause Nc. R.S.C. 1927, c. 36 Clause~No. R.S.C. 1927, c. 36

174 642 205 262 (1)


175 230 206 253
~76" 228 and 229 t207 " 268
177 235 "(I) 208 268"-
178 285 (2) - (6) 209 306
179 236 and 442 (b) 210 264
!l.V
ISO 234 " 211 267
181 442 (a) 212 269
182 (1) 229 (2 213 270
(2) 228 (1 5and (2)
and 229 (4) 214 .- 271
(3) 229 (7
(4) 229 (6 5 215 272.
183 229 (8) 216 273
134 P) and (2)
3)
216
1002
217 277 and 278
(4) 1140 (1) -fe} 218 276
219 231
i>.... BTVI
220 232
185 (a), (e), (d)" 240 .
(b) new 221 (1) Rew
(2) and:(3) 235 (2)
186 241, 242 and 244
222 . 235 (4)
187 246
223 235 (4) (a)
188 248
224 235 (4) (b) - (4) (e)
189 245
225 285 (7) and (8)
190 243, 244 and 249
191 . new 226 235 (5)

192 new 227 286

193 283, 284 and new 228 287

194 P)2) 250


252 (1)
229 288, 289, 595

t4)
5)
(6)
252
252
252-
253
~4)
3)
(2)
230
231
232
290
274, 291 and 295
295
195 251
233 297
196 257
234 _ 313
197 253
235 315
198 254
236 316
199 256
237 303,304
200 255
238 805
-- 201 259
239 807
202 260
240 308
203- 261
241 (1) 309 (1)
204 262 (2) (2) new
34 Report of Royal Commission on Criminal Code

Clause No. R.B.C. 1927, c. 36 Clause No. R.B.C:1927, c. 36

242 (1) 309 (2) 278 357


(2) 1002 (d)
279 378 (2)
243 ?)
2)
310
948 230 new

244 311 231 235 (3)


245 312 232 390
246 198 233 391
247 2 (23) 284 (1) /392
'(2) 989
248 317 (3) 989
249 318 235 (1) and (6) .394
(2) 431 (4)
250 333 (3) 638 .,.
(4) and (5) 990
251 334 ,
286 396 ;.:'
252 332
287 397
253 329
238 -H5 and -H6, «8
254, 330
239 -H7
255 320
290 -H9
256 ;121
291 45Q....454
257 322
292 455-461
258 323
293 462"
259 . au 340
294 . ,
260 325
261 . 331
295
296
464
399,
.j
"

262 319
297 399

I
263 327
298 (1) 364, 36-5 and 400
264 328 (2) 869 (1)
265 326 299 398
266 912, 913, 041' '300 402
267 956 301 993

302 994
PART VII
. 303 404
268 335 (d], {.hj' (i). (k),
(l], 8 405 SJId 407 (2)
304
269 345 and 347 406 (1)
305
270 346 and ?64 (.)
306 406 (2) and (3)
271 348 ~

307 407 (3)


272 349 (1)
308 443
:~.
273 351
309 466
274 352
310 (1) 468
275 354 (2) 1002 -
.'

276 355 311 467

277 356 312 471, 472 and 47lf '


Report of Royal Commission on Criminal Code 35

Clause No. . R.S.C. 1927. c. 36 Clause No. R.S.C, 1927, c. 36

313 ,474 351 (1) 488 (1) pt. and 489


(2S 488 (2)
314 475 (3 336
(4) (a and b) 335 (1) (n) and (w),
315 476 241 and 342
316 265,516,537 (Ie) and 538 352 488 (1) and 494
317 477 353 490
31B 478 354 490A.
319 479 355 491, 635 and 103\)

320 } 480 - 483 and 528 356 492


t 321
357 992
PART VIII. 353 430
./
.322 335 (1) (m) (0) (v) ("') 359 432
and (1/)
360 433
323 4H
361 424
324 209 (e)
862 435
325 «4A.
363 436
326 231 and 987
364 g'n
327 231 ...
365 4119
328 -Ull
366 501 and 503
321l . ~20
367 502A
330 ~1
363
331 425
369 505
332 426
333 ~7 PART IX
3M ~8 .370 new

335 417 (a) and (~) 371 509 and 541


336 412 (1) and (2) 372 cODsolida.tion of 96
97 .
337 424' (1) and (6) 238 (hJ'
510
338 637 516B
517
33\1 ~ 518
519 (aJ
340 413,415,418,484 and 485 520
521
241· 415A. (b) and (e) 522
525
3L..2 416 533
534
343 ,U4 535
344 412 (3) 373 (1), (2). (3) . 539
(4) 740 (1) pt.
245 417 (e)
374 511 and 513
346 ~ and 410
409 375 512 and 514
247
us .~1l 376 541 (2)

241l ~6 377 515 (1) and (2)

350 ~7 378 5161. •


36 Report of Royal Commission on Criminal Code

Clause No. R.S.C. 1927, c. 36 Clause No. R.S.C. 1927, c. 36


,I
379 524 418 580 (2)
380 526 419 5451.. and 584
381 527 420 (1) new
(2) 591
382 529
3SS 530
421 19 "-".d (2) 888
new
(4) . 2 (23)
384 531 and 532
422 585
385 536
423 586 and 587
386 393,537 (1) (a) and (b)
424 576, 1017 (I), 1020 (5),
1021 (1) (d), (2)
387
388
542
543
and (3), (11), (13)-
(18)
,
389 544
390 545
425 604
426 606
PART X
427 544
391
392 428 645 and 714'
393
394 429 629 and 6'62
395
396 This Part is- derive<;i frO= Part IX of the 430 630
397 present Code. It has been co=pleteIy
398 revised.. - 43~. new
399
400 2 (8),546-569,632,955,957,981 432 (1):and~ (2) 631
4Dl (3) new-
402 (4) new
403
404 433 633
405
PART XIV
'PART XI
434 646
4D6 570,571,572,574,575
435 647, 648, 652 pt.
407 69 and 572 pt.
436 649
4D8 (a) 266 (a-)
(b) 178 437 650
(c) 218
(d) new 438 652 pt. and new
(e) 573
439 653 and 654
409 496 and 497
440 655 (I), (2), (4),
410 2 (41) and 590 558 (3) and 659 (2},

411 498 441 658 (I), (2), (4), (5) and


782 (1)
412 498A
442 660 (2), (3), 659 (1) and
664 '
PART XII
443 660 (1)
413 (1) 580 (1)
(2) 582 and 583 444 660 (4) and (5)
414 577 445 661 (1), (2)
,
415 Ilew 662 (4), (5), (6), 883,
446
581 977 and 941 '
416
417 581A 44e 662 (I), (2) and (3)
i,
,
Report .of Royal Cqmmission on Criminal Code_ 37

R.S.C. 1927, c. 36 Clause No. R.S.C. 1927~ c. 36

492 847 (1) pt., 852, 853,


PA:aTXV- 855 (2) •

448 667 493 855 (1)

«9 668 494 861

450 796 and new 495 862

451 679, 680 and 681 496 863

452 new 497 859 and 860

453 682, 683, 684 (1) pt. 498 865.

454 684 and 686 (1) 499 856 pt.

455 685 500 854 and 891


/
456 665 (2) and -(3) and 666 501 856 pt., 857 and 858

457 678 502 849 (1) pt.

458 669 503 849 (1) pt., (2) pt., and


954
459 670
504 874 and 875
460 687 and 690
505 876
461 692 and 694 506 877
462 695 (1)
507 879
-463 697, 698,700 and 702
508 695 (2), 884, 885
464 699 .and 887

465 701
509 886 (1)
PAET XVI '510 845 (3)" 847 (2),
889,890,893,898
466]--
467 511 new
468
469 512 691, 894, 895 and 896
470
471 513 897
472
473 514 695 (3) and (4)
474 This Part is derived from. Parts XVI and
475 XVIII of the present Code. It is a CODl.- 515 900, 901 (1) and (2)
476 plete re"vision of t·hose Parts.
477 516 905 (1) and 906
478
479 517 90S
480
481 518 907
482
483 909
484 519
520 910
PABTXVII
- 521 911
485 5 (1) (aJ
522 905 (2)
486 872
523 966
487 873 (1) - (3)
524 967
488 873 (4), 940 and new
525 968
489 873 (5), (6) and (7)
962 526 - 969
490
491 843, 844, 845 (1) and (2) 527 970
"1
,
~

38 Report of Royal Commission on Criminal Code

Clause No. R.S.C. 1927, o. 36 Clause No. R.S.C. 1927, c. 36 ,

528 916 567 9~9

529 918 568 950


530 919 569 951 (1) and (2), 952
531 920 570 new

532 914 571 new


533 915 572 851, 963 and new
534 921 573 964
535 923 574 982
536 924 , 575 1004
537 899 (2) 576 1005
538 925 577 " 1008 and 1009
I
539 926 578 1010
540 927 579 1011
541 933A, 927 (6) 580 965
542 932
P.A:RT XVIII
543 933
581 1012
544 937
582 1013 (3)
,545 938
583 1013 (1) and (2)
546 934
534 1013 (2), (4)' and (5)
547 935

I
585 1013 (6)
548 936 -! •• - ~
586 1018
549 930 and 931
587 1019
550 '928
588 1020 (1) - (4)
551 939
589 1021 (1) and (8)
552 929
590 1021 (4)
553 92j)A
591 1021 (10) /
554 579,945 (1), (2) and (6)
592 1013 (5) pt.
555 new 1014 (1) (aJ, (b) and (aJ
(3) and (4) and
556 945 (3),(4), (5), 946 1016 (3) and (4)
, and 959
593 1015
557 942 and 943 (1)
594 1018 (1) pte
558 (ll' (2), (3), (4) 944 1021 (6) pt. and (7)
(5 new
595 1017
559 958
596 1022 (2)
560 960
597 1023 ~15 and (2)
561 961 1025 1 -pt.
562 978 598 1023. (3) and 1025
(1) pt.
1
,
563 988 I
-.-i
564 1001 599 , 1028 (4) and 1025 (2)
:'1
' '934 600

t
565 1024
566 1003 (2) 601 new

'"
,,:.j
, ":I
- .""-
..,i ..~~
Report of Royal Commission on Criminal Code 39

Clsuse No. R.S.C.l927, c. 36 Clause No~ R.S.C. 1927t c. 36

PART XIX &.!7 1069


602 648 1070
603
604 649 1072
605 This Part is derived from
606 650 1071
607 the Iollomng sections of
608 651 1073
609 the present Criminal Code:
610 652 1074
611
612 6MA,655 (3), 633 pt., 653 1075
613
614 671-677, 693, 711-713, 654 159, 162 pt., 434 (3)
615 and 1034
616 716,788,789,841,342,
617 655 1076
618 971-976, 995-1000
619 656 1077
657 1030
PART XX
658 1084 and 1085
620 Dew

621 740, 746. 1028, 1029, PART XXI
. 1035 (4), 1054, 1055
659 10MA (8) and 575A
622 1035 (1) and (2)
660 575B and 5700 (1)
623 1035 (3) and new
661 .1054.0. (1). (2), (3) and (5)
624 1054B
662 575c (3) and (4).
625 1035... 1054.' (4)
626 1036 and 1037 663 575D
627 -' 1038 and 1141 664 5751', 575G (1) and
1054.0.
628. 1048
665 575G (2) and (3)
629 1049
666 575]3: and 1054.0. (7)
630 1006 and 795
- 667 575E
631 1045
632 Dew PART XXII
. 633 1052 (1) 668
669
634 1066 and 1056 670
635 -
Dew
671
672
673 This Part comes from Part XXI of the
636 704 674 present Code-l085-1119 and 886 (2).
675
637 748 (1), 1058 and 1059 676
677
638 1081 678
679
639 1083 and new
640 1026 PART XXIII
641 1060 680 new
642 1062 asl 1120
"
643 .1063 682 1121, 1122, 112.9
644 1064 633 1124
645 1065, 1066 and 1067 684 1125
646 1068 685 1126
~

40 Repo.rt af Rayal Cammission an Criminal Code


:
Clause No. 'R.S.C. 1927, c. 36 Clause No. R.S.C. 1927, c.' 36
, >

686 1127 7l9}


720 749 (1)
687 1123
721 749 (1)
688 1130
722 750 (b)
689 1131
723 new
690 new
724 750 (e)
591 new
725 ~1) 750 ((1) _c
2) 757 (2)
PARTX=V
692 705, 706,707,703 (5)
726 (ll
(2 and (3)
757 (1)
new
and new
693 (ll 706 72i 753
(2) 1142 754 and new
694 (1) 1052 (2) 723 751 (3) -, -,
(2) and (3) 739
729 760 pt. . ...J;
695 708 (1) and 710,pt. - ,

730 755 (1) pt. and 760 pt_


696 710 pt. a..nd new
731 (1) .758
697 708 (2), (3) and (4) (2) 751 (2) -"
(3) 759 (1) -
698 new - (4) 759 (2) "
699 709 and 732 732 7M (2) and (3) 756 and -,-
757 (4) .
700 711
733 705 (e)
701 723
734 761 --
702 717
735 762 (1), (2) and (3)
703 725 .. ~-

736 762 (4) and (5)


704 724
737 763
705 707
738 '764
706- 719
739 768
707 720
740 765 and 766
708 721
741 767
709 715 and 716 (1)
742 769
710 718 and 722
743 769A
711 726
744 770
712 721A
745 new
713 727
746 new
714 723
747 new
715 730
748 1152
716 735-738
717 748 (2) to (5)
718 new
"
Report of Royal Commission on Criminal Code 41
CRIMlliAL CODE REVISION

APPENDIX C

The purpose of this Appendix is to indicate what :m,atters are dealt with
in the various Parts.

PART I
(Clauses 1-45)
General
Application of the Code and the extent to which the Law of England and
especially the Co=on Law is retained-Parties to offences-Matters of
justification or excuse--Protection of persons adlninistering the Criminal
Law-Defence of person or property-Protection qf persons in authority.
./
-'-- .-
PART II
(Clauses 46-98)
Offences Against Public Order
Treason and treasonable - offences-Offences relating to passpo-rts-Sedition-
Unlawful assern.bly and riots-Unlawful drilling-Forcible entry and
detainer-Piracy-Offences relating to dangerous su~tances-Prize fights
-Offensive weapons.

PART III
(Clauses 99-129)
Offences Against the Administration of Law and Justice
.
Judicial corruption-Bribery of officers enforcing the Crirn.inal Law-Corrup-
tion in connection with government contracts and public offices-Municipal
corruption-Obstructing justice-'-Perjury-False oaths and fabrication of -
evidence--Escapes and rescues-Public' mischief.

PART IV
(Clauses 130-167)
Sexual Offences, Public l\i[orals and Disorderly Conduct
Rape--Carnal knowledge--Indecent assaults-Seduction-Acts of- gross inde-
cency-Incest-Printing or publishing obscene rn.atter and crime corn.ics-
Permitting defileITlent-Disorderly ,:,onduct-Vagrancy-Disturbing reli-
.gious services-Nuisances.

PART V
(Clauses 168-184)
Disorderly Houses, GaIning and Betting
Betting -houses-Garn.ing houses-Garn.ing -in public conveyances-Pool selling
and book-makllg-Lotteries-Cheating at play---Bawdy houses-Procuring
~earch of disorderly hoUses.· .
-'
42 " Report of Royal Commission on Criminal Co~e

PART VI
(Clauses 185-267)
Offences against the person and reputation
Duties tending' to preservation of life---':'Criminal,negligence-Murder-Man-
slaughter-Infanticide-Concealment of birth-Suicide-Causing bodily
harm-Omissions causing danger to persons-Dr-hnken driving-Driving
while faculties impaired-Assaults-Kidnapping and abduction-Abortion
-Offences against conjugal rights-Blasphemous libel-Defamatory, libel.
PART VII
(Clauses 268-321)
Offences against rights of property
Theft-Offences resembling theft-Criminal 'breach of trust-Robbery~Extor­
tion-Breaking and entering-Receiving and retaining-False pr'etences-
Witchcraft-Forgery and uttering-Offences resembling forgery-Threats.
, PART VIII
(Clauses 322-369)
Fraudulent Transactions Relating to Contracts and Trade \
Defrauding individuals ,or' the public-Using the mails to defraud--8toek
market frauds-Frauds in respect bf title to property-Frauds on creditors
-Falsification o'f books of account, public registers and documents-
Personation-Forgery of trade marks-False trade description of, goods-
Secreting wreck-Offences relating to public stores-Offences relating to
breach of contract-Intimidation-Secret commissions-Trading sta~ps: ,

PART IX
(Clauses '370-390)
Wilful and Forbidden Acts in respect of Certain Property
Wilful damage to property-Rendering property dangerous'---Obstructing use I

of property-Arson and other fires-False alarms of fire-Interference


with signals and boundary lJ)arlfs~Cruelty to animals.
j
PART X
(Clauses 391-405)
Offences Relating to the Currency ,
Counterfeiting-Possession of cou~terf..eit money-Uttering counterfeit money-
Defacing or impairing coins-Making or possessing instruments for
counterfeiting-Advertising Of trafficking in counterfeit money or counte'"
feit tokens of value-Forfeiture of counterfeit money and instruments for
counterfeitil)g.
PART XI
(Clauses 406-,412)
Attempts, Conspiracies, Accessories
Attempts not otherwise provided for-Accessories after the fact-Counselling
or inciting""':""-Conspi'racy to· murder-Conspiracy to bring false accusation-
,Conspiracy to defile-Conspiracy at Common Law-Conspiracy to commit
indictable-Conspiracy in retraint of trade-Discrimination in tr9:de.
Report of Royal Commission on Criminal Code 43
PART XII
(Clauses 413-424)
Jurisdiction
Offences triable by superior courts-Offences triable by courts of criminal
-jurisdiction-Special provisions regarding trade conspiracies and trials
in Alberta-Jurisdiction over the person-Territorial jurisdiction-Extra-
territorial jurisdiction-Rules of court,
PART XIII
, (Clauses 425-433)
Special, Procedure and Powers
Preserving order in Courts-Trial of Juveniles to be without publicity-Search
warrants-Seizure-Detention and disposal of things seized.
PART XIV
(Clauses 434-448)
Compelling Attendance of an Accused Before Justices
Arrest without warrant-Laying informations-Issuance of summons or war-
rants-Execution of warrant-Service of summons-Procuring attendance
of a person 'who is in prison-Endorsement of warrants.
PART XV
(Clauses 449-465)'
, Procedure on Preliminary Inquiry
Jurisdiction of Justices-Remand to magistrate in cases where magistrate has
absolute jurisdiction-Election before Justice-Powers of Justices on
inquiry-Bail before committal for trial-Adjournment-Remand for
observation as to mental condition-·TalCing evidence of witnesses-Right
of accused to call evidence-Committal of witness refusing to be sworn
or to testi,fy-Coinmittal for trial-Bail after committal for trial.
PART XVI
(Clauses 466-484)
Indictable Offences-Trial Without JU1'y
Absolute jurisdiction of magi"strates--:....Juri-sdiction of magistrates with consent
-Jurisdiction of judges with consent-Electing mode of trial-Right of
accused to re-elect trial without jury-Preferring indictment-Power to
require trial, by jury---":":Procedure where accused is a corporation.
PART XVII
(Clauses 485-580)
Indictable Offences~Trial by Jury
Preferring indictments-Cbntents of counts-Particulars-Joinder and sever-
ance 0'£ counts-Joinder of offences-Procedure before grand jury-Change
of ;'enue-Amendment of indictment-Inspection of documents-Pleas-
Trial of issue of insanity-Safe custody of persons found insane-Procedure
~~re accused is a' corporation-Qualification of jurors-Mixed juries-
-t Challenge to array-Empanelling jury-Challenging jurors-Trial-
Rights of accused at trial-Evidence-Previous convictions-Verdicts-
Imposition of sentence-Saving clauses.
i
44 Report of Royal Commission· on Criminal Code
i
PART XVIII
(Clauses 581-601) J,
.
Appeals: Indictable Offences
Right of appeal to provincial court of appeal-Notice of appeal-Judge's report
-Power of court to order production of documents and to call witnesses-
Powers of court on hearing of appeal-Power of Minister of Justice to order
new trial or refer question to court of appeal-Right of appeal to supreme·
court of Canada-Powers of that court on hearing of appeal-Judgment
final-Right of appeal of Attorney-General of Canada.
PART XIX
(Clauses 602-619)
Procuring Attendance of Witnesses
Subpoena or warrant-How issued-Execution or service--Effect-Procedure
where witness absconds or makes default-Evidence on commissiop.-Use
of evidence previously taken.
PART XX
(Clauses 620-658)
.Puni,shments, Fines', Forfeitures and Restitution of Property
Punishment in discretion of court-Cumulative punishments-Fines in lieu of
or in adcUtion to imprisonment-Punishment of corporations-Commence ...
ment of sentences-Part payment of fines-Who is to receive fines-Actions
to recover penalties-Compensation and restitution of property-Where
sentence of imprisonment to be served-Suspended senten.ce and binding
over to keep the peace-Whipping-Capital punishment-Disabilities
arising from sentence--Pardon and Commutation-Remission by Governor
in Council.
PART XXI
(Clauses 659-667)
Preventive Detention
Habitual offenders-Criminal sexual psychopaths-Application for sentence
of preventive detention-Procedure on application-vVhere sentences· to. be
served-Periodic review by Minister of Justice-Appeal by accused or
Attorney General. .
- PART XXII
(Clauses 668-679 and Schedule)
Effect and Enforcement of Recognizance
Responsibility of sureties-Duration of recognizances-Render -of principal by
sureties-.Endorsement of default under recognizance--Procedure for
forfeiture after default-Issue of writ of fieri facias-Cominittal of sureties
when writ not satisfied-Remedial provision enabling release of sureties-
Schedule of courts exercising powers under ·this part.
PART XXIII
(Clauses 680-691)
Extraordinary Remedies
Habeas Corpus-Appeal instead of successive applications-Certiorari-When
it lies-Power of court on application-Mandamus-Prohibition-Appeal.
. ? ..
-"
Repft of Royal Commissi{Jn on Criminal Code 45
PART XXIV
(Clauses 692-744)
Procedure in Summary Conviction Matters
Proceedings to be commenced by information-Issuance of process-Inclusion
of more than one matter of complaint-Amendment of information-
Severance of counts-Adjournment-Right to make full answer and
Defence--Bail-Trial-Adjudication-Penalty-Enforcing adjudication-
Costs-Sureties to keep the peace-Appeal against conviction or sentence
-Procedure on appeal-Appeal to be on evidence at trial-Powers of
court on appeal-Security by appellant to prosecute appeal-Stated case-
Procedure-Powers of court hearing stated case-Appeal to court of appeal
in certain cases-:-Fees and allowances. .

PART. XXV
(Clauses 745-747)
Transitional
Repeal-Transitional-Coming into force.

PART XXVI
(Clause 748)
Forms.

-
_An Ae;t rcspceting the Criminal Law.

)
6th Session, 21st ParHa.'!nent~ 1 Elizabeth II, 1'062"

THE HOUSE OF

U
subsection,
jIi the preSt
An Act respecting the Criminal Law. provision

tYlER Majesty, by and with the advice and consent of the


Senate and House of Commons of Carmda, enacts
as foIIow8:-

SHOHT TITLE.
1. Secti01
Short title.
I. This Act may be cited as the Criminal Code.

INTKHPHlfJTATION.
~!. SecLiO!
Definitions. 2. In this Act, 5 (1) Sedio
(1) "Act" ineludes
(a) an Act of the Parliament of Canada,
(b) an Act of the legislature of the late province of
Canada,
(c) an Act of the legislatme of a province, and 10
( d) an Act 01' ordinance of the legislature of a
province, territory or place in force at the time that
province, territory or place became a province of (2) Sectim
Canada;
"Attorney
General." (2) "Attorney General" means the Attorney General 15
or Solicitor General of a province in which proceedings
to which this Act applies are taken and, with respect
to the Northwest Territories and the Yukon'Territory, ~)
( '--'J
\ r1 ~ .....
~eculOl
"BB.nk-
means the Attorney General of Canada;
note." (3) "bank-note" includes any negotiable instrument 20
( a) issued by or on behalf of a person carrying on
the business of banking in or out of Canada,
(b) issued under the authority of the Parliament of
Canada or under lawful authority of the govern-
ment of a state other than Canada, 25
~t~ I~':- .:Z:1t E-vel' V
(n
\ l.',i.l ) "'1")"1'1'(-'"
lJ "- t '-!.J, C":
ILl ... ;)~

(/1»
•J
i:·llO-Pl·-n.Y-I,~
.•."- _
./'1 .1-1.(:-:)" ••:"
D, feigned marriag2
is guilty of an indictable 5
Hlcmt for five years.
(~~) No person shall be convicted of an ollence lmdel'
:ocdion upon the eyidence of only one witm;ss unless
evidence of that \vitness is corroborated in [b material
particular by evidence that implicates the accused. 10
24:3. (1) Everyone -who
(a) practises or enters into or in any maImer agrees or
consents to practise or cnter into
Xi'~lyga.ray ... '" (i) any form of polygamy, or
c;;Tij:g;:~C~-- (ii) any kind of conjugal union with more than one 15
union.
person at the same time,
whether or not it is by law recognized as a binding
form of marriage; or
Coloomting (b) celebrates, assists or is a party to a rite, ceremony,
riw. contract or eonsent that purports to sanction a relation- 20
ship mentioned in subparagraph (i) or (ii) of paragraph
((L ),
is guilty of an indietable offence and is liable to irnprison-
ment for five years.
Evidence
ill caw of
(2) Where an accused is charged with an offence under 25
poiygr~my. this seetion, no averment or proof of the rnethod by which
the alleged relationship was entered into, agreed to or con-
sented to is necessary in the indictment or upon the trial of
the aecused, nor 13 it necessary upon the trial to prove that
the persons who are alleged to have entered into the relation- 30
ship had or intended to have sexuaJ intercourse.

UNLAWFUL SOLEMNIZATION OF 1\1AlUUAGE.

244. Everyone who


Prcwnding to
ooloHlniz.o
( a) solemnizes or pretends to solemnize a marriage
marriage. without lawful authority, the proof of which lies
upon him, or 35
Procuring (b) procures a person to solemnize a marriage knowing
unlawful
marriage. that he is not lawfully authorized to solemnize the
marriage,
is guilty of an indictable offenee and is liable to imprisonment
for two years. 40
Marriago 245. Everyone who, being lawfully authorized to
contrary
solemnize marriage, knowingly and wilfully solemnizes a 245. Section B
t-o lay;.
marriage in violation of the Jaws of the province in which
the marriage is solemnized is guilty of an indictable offenee
and is liable to imprisonment for two years. 45
242. Sections 309 (2) and 1002 (d).
1 a female person
liable to imprison- 5

offence under this


,vitness unless the
~ed in a material \
1e accused. 10 . I
f
manner agrees or 243. (1) Section 310.
" ,

ith more than one 15

lized as a binding

, a rite, ceremony,
3anetion a relation- 20
r (ii) of paragraph

liable to imprison-

, an offence under 25
method by which (2) Section 9'.18.
, agreed to or con-
n' upon the trial of
trial to prove that
d into the relation- 30
'course.

.
nmze a marnage
.
24LL Section 311.
)of of which lies
35
marriage knowing
to solemnize the

Ie to imprisonment
40
:]y authorized to
'tilly solemnizes a :::; ic". Section 312.
}Jl'ovince in which
. i'lclictable offence
45
DOMINION OF CANADA

HOUSE OF COMMONS
DEBATES
OFFICIAL REPORT

SIXTH SESSION~TWENTY -FIRST PARLIAMENT

1 ELIZABETH II, 1952


BEING THE 94TH SESSION FOR THE PERIOD 1867·1952

VOLUME n, 1952
COMPRISING THE PERIOD FROM THE SEVENTH DAY OF APRIL, 1951,
TO THE FIFTEENTH DAY OF MAY, 1952, INCLUSIVE

INDEX ISSUED IN A SEPARATE VOLUME

J;DI\-lQND CLQurIER, C,M,G" O.A., D.S.1'.


QUD.N's PRINTER ANI) CO:N'IROLLER OF STA'tIONER'i
O'l'l'AWA,1952
APRIL 7, 1952 1191
Standing Orders
iJildgrn ent to', bear upon the issues of the askin:g for a curtailment of the practice that
country' II}. the interest, not only of one is now in vogue here. I may say, Mr.
"constituency _,but. of the whole realm. I urge Speaker, that this whole business of compar-
;upon all memb~rs, as I am sure they all have, ing Westminster with the situation here has
:to read that stat~ment of Burke's to remind been gone into by others. It was fully inves-
';:themselves 'of tl").e hriportance in this house tigated by Dr. Beauchesne in the days when
,:of every private member from every consti- he was clerk. He prepared a lengthy report
}uency in this country. on this matter which Mr. Speaker Fauteux
Mr. Cleaver: Having concluded that, would presented to the house back in 1947. The
report pointed out that there are great
~ihe hon", member mind if ± asked a question?
differences, geographical am'ongst others,
Mr. -Knowles: Is the hon. member going between the United Kingdom, where you have
lback to ·the question he asked a moment ago? a small compact country, largely homo-
\ Mr. Cleaver: No. -My questio!,! is this. Do geneous as compared with the wide expanse
j

;you no't admit that· all four recommendations of our country and all the different interests
\which I have put forward in my resolution we have from coast to coast. This report is
lare less restrictive -as to debate than are to be found in the Journals for Friday,
:.the rules in Westminster, or is he criticizing Decemb~r 5, 1947, from pages 7 to 32.

~westminster? A portion of that discussion, which is to


be found on pages 10 and 11, points out many
~;, Mr. Knowles: The -situation at Westminster
of those differences that exist between that
land here are different in so many particulars country and ours Which result in it being
~that it is almost impossible to make a COffi-
necessary for us 1:0 pay some attention to the
~parisoh., May 1 p"oint out-
British practice, but to recognize a1s-o that we
~: -Mr. Cleaver: All your quotations are from have ,a Canadian situation, and that we have
[the old country; .. to develop .a parliamentary praotice of our
r Mr. U:-nowles: -that frequent reference is own based on British .principles and yet
dearly Canadian. I would point out fb.at in
[n.,.ade to t,he fact that at Westminster they
&fi>; these p,eriods o~ time at the end of which that same ;report which was presented ·to this
fl' xot~,.ls taken. I would point out that if house by Dr. Faut-eux-I think it is fair to
say he had the assistance of Dr. Beauchesne
l~there are II1:ember:s who still wish to speak
ton the. day the' vote is to be taken the debate in preparing it-he said this, as reported -on
fS6meti~es ,continues all night. Indeed you page 10 of the Journals of December 5, 1947:
~ave these 23-hour sessions. In other words, The mere object of shortening sessions must not
be the aim of any revision of our rules. The
~139 lon~ as people still want to speak- duties of a representative parliament are too 1m-
r
l' .
'Mr. Cleavel': I must quarrel with the han. pOl'tant to be performed in a hurry, No question
should be decided untn it has been fully discussed,
~e~ber. on _that point. The debate only
!.,carnes on when a motion is made for it to Mr. V/eir: Mr. Speaker, I just wanted to
tcontinue; otherwise a vote is taken at the make an interjection. The han. memper, in
Wnd.of th~ ..&¥{reed period. .1 cited one case his reference to Burke's speech about the
pwhere, durmg a debate on the address, fifty duties of a member of parliament, interjected
thlembers wanted to speak but only twelve an inference to the .effect that members who
~sP9ke and ,.th,Em the vote was ,taken. did not make speeches but merely voted were
rubber stamps. I do not think that is a proper
~ Mr. Knowles: No doubt it happened the inference to be made. In its implication it
~vay the han. 'member says it was recorded on naturally refers to a greater extent to govern-
f hat particular occasion but I have been over ment members than it does to opposition
rthere ana. seen the m:mbers of that parlia- members. I venture to say that even in the
~ent in action. It is not always acceptable governments of the United Kingdom a lot
t~O a member to withdraw, and if he does not of members have voted with their parties)
}Wlsh to withdraw that day's sitting continues even. though they have not made speeches)
~ntil .thos~ who wish to speak have spoken. and m that sense the han. member would
[Sometimes a' debate goes on continuously for refer to them as rubber stamps.
t~3 hours, 'Or ,longer. You have therefore a
•(Case w h er~ you are not denying "to the -private I believe that th-e hon. member will agree
!Tn~mber ·his .right· to be heard for fifteen that members on the government side, and
~m~tes or ~even mi'nutes, whatever it may
even in his own party, quite frequently vote
I e, If. he wishes to do so. without making speech-es. Whether or not
they are voting exactly according to the dic-
I. Mr. Clea.ver:- All I am' asking for is the tates of their c-onscience we do not know, but
Westminster practice. in that sense they are rubber stamps. Govern-
~thMr. Knowles: No, you are not asking for ment members, may I point out, have oppor-
, e Wes~minster practice at all. You are tunities that opposition members do not have

B.C, COURTHOUSE LIBRARY SOG!£(X


VANCOUVER
1192 HOUSE OF COMMONS
Standing Orders
of becoming informed on matters of policy. in reply to the speech from the throne and the
I think it is quite -improper, therefore, for the debate on the budget, after the expiratiori of whi9h
periods of time, the motion and a.ll und~rlying
inference to go out that government members amendments would be put by Mr. Speaker; Ce) for
are really rubber stamps voting along with the llmiting to one half hour of the debate on aU
the party. procedural motions and underlying amendments;
(d) for provision that at the expiration of the
Mr. Knowles: It is six o'clock, but may seventh anoUed day the chairman of the committee
I just say this. I have no objection to the of s·upply and ways and means shall forthwith and
without further debate put ev~ry question neces~
point made ·by the member for Portage- sary to dispose of all of the votes 6f the depart-
Neepawa (Mr. Weir) that sorpe members may mental estimates under consideration; (e) for the
feel they can express their judgment by vot- requirement that at least foul;' members should rise
in their seats to express opposition for a request
ing just as much as by speaking. My point for unanimous consent to a suspension. of the. rules,
is that if a member feels he should express otherwise unanimous consent of the house to be
his judgment by speaking, he should not be presumed when requested.
restricted in that right or cut off from Mr. I{nowles; Mr. Speaker, just ·before six
~oing it. o'clock, at least just before the last interrup-
Mr. Fournier (Hull): Except if he repeats tion before six o'clock, I was dealing with the
the same speech five times in the same point set out in the report on procedure which
session. was presented to the House or" Common.s on
July 5, 1947, by Mr. Speaker Fauteux. I had
Mr. Knowles: I would agree with that. It drawn attention to two or three sentences,
is strange that the Minister of Public Works particularly these:
(Mr. Fournier) did not hear me when I was
making suggestions with which he agreed. beThe mere object of shortening sessions must not
the aim of any revision of our rules. The
Now that I am making a few with which he duties of a representative parliament are too im-
does not agree, he is making these frequent portant to be performed in a hurry.· No question
comments. should be decided until it has been fully dIscussed.
I should point out that -in that same para':'
At six o'clock the house took recess.
graph it is made clear that we do not want to.
go to the other extreme and waste time in
unnecessary repetition. But the point is clearly
AFTER RECESS set out there by Dr. Fauteux, and has rbeen
confirmed by Dr. Beauchesne, in his stUdies
The house resumed at eight o'clock. of these matters, that we should realize the
important question in relation to parliamen-
CRIMINAL CODE tary debate is not whether we get it over in
REPORT OF ROYAL COMMISSION AND NEW a hurry or spin it out at length. Rather the
CONSOLIDATED CODE important aspect is the quality of the debate,
the quality of the legislation· dealt with· and
Hon. Stuatt S. Garson (Minister of Justice);
the responsibility that we bring to our task
Mr. Speaker, may we revert to motions for as members of parliament.
the purpose of my :fj.ling the report of the
royal commission with reference to the Crimi- If I might refer ,back to the interjection
nal Code under the chairmanship of the Hon. made by the hon. member ·for Portage-
W. M. Martin, Chief Justice of Saslmtchewan, Neepawa (Mr. Weir) just" .before six o'clock,
and the new draft consolidated Criminal Code, I have no objection to those han. members
which is an integral part of this report? who feel that they can make their ·contribu-
tion by saying little or nothing during .the
STANDING ORDERS course of a session. Neither ·do I have ·any
objection to the plea made indirectly by the
SUGGESTED AMEND;\1~NT RESPECTING DEBATES han. member for Halton (Mr. Cleaver) that
AND PROCEDURE IN COi\lIMITTEE there be. opportunity ·given to. ·government
The house resumed consideration of the members to speak more than· they now do.
motion of Mr. Cleaver: There is no doubt as to . their right to
That, in the opinion of this house, the standing speak as often as they wish, and far from
orders of this house should be amended in regard putting any restrictions on them, I would be
to debates and in regard to procedure in standing glad to see them take a greater part in the
and select committees in order to bring the rules of debates of this house than they do at the
debate more in line with present day needs and
that, inter aHa, ·such amendments should speCifically present time, But, ·Mr, Speaker, what I do
provide: (a) for the passage of allocation time object to is the attempt which is involved in
orders by this house with respect to any measure
brought before it and that motions for allocation the motion now before us to restrict those
time orders should be put by Mr. Speaker, including who are speaking, and, according to the hon.
all underlying amendments. after sixty minutes of member for Halton, that happens to be ·the
debate have elapsed; (b) for the fixation in stand~
Jng orders of a time limit on debates on the address members of the opposition.
[Mr. Weir.]
rea.rrang e.ent

PAR'!' X

General. .
App~~oat10n O~ r.be Ood. And the Extent ~o Wh ~oh Tho Law
e~ England And Z.pe01a1ly The Oo•• on Law Xe Reta~ned

Part1e. ~o O~r.noe. _ Ratter. O~ JUet1C1oatl on Or

E~ouee _ Proteotlon O~ Pereone 4dm~n~ .t .rlng The Or1mlaa1


La", _ ne~.noo o~ Per,an Or Propert7 _ Proteotl on or
Pereone Yn Authorlty.

;) ~ fl., !~. ! ~ .w<f


The e x ten. t o whloh the law or 2ng1and and
• ..,eo~ a1 1 ;y the oo_on law 1, retalned , .t_ . e d t .1oth 1u
tb.-~n-bodl"""'-"&~........-e~ •

PAR'!' n .
Orr.noea agalnat Publ19 Order .
~~t-
Treasonable Orronoe.__ ';-&.lIpor~. _ "ed1.'~on - U'nlavt'ul.
A••••b17 And Rlo~. - Unl.wrul Prl11 lng - F oroible En~T

And Detalner _
. .... ~""":"
P1.raoT ~.rou. Bub.tanoe.
.
_ P r lz.
F1ght. _ orrenet. . W••pona.

'!'he pro~.1on • • • 1.t~ng to treasonable orranoe. are


.1.ed a' tb • • • ourl\7 Of tbe State. ADd are ~plgaed to
. ee " oha nged oon41*t.~.~. '!'beT ••bo47 the ocnamon law
prl no1ple
I""-" J~ "~ ~ "~ ~ t.. {~
h i h e".'bJ,ss the prn •• nntSon o L-p4u,hne wl:Io
-2-

d.rlnl'~on or •• 41'iou. lnt.n~lon b ••• d Oft ~h. r.o.n~

deal.1on ~r the $upr ••• Oour t Or a.nada 1n Boucher v.R ••


19-9. SoC .R . 265_

PART III
Ort.no •• Ag.ln.~ The Ad&ln18tra~l o n
or Law And luetioe.
Judlo1a1 Corrup t i on _ Bribery or OCrioere Enforo1ng The
Orlmlna1. Law _ aorrUp ~10D In ConD.o~l o n With Government
Oontraot. And Pub11a Otrl0 •• M~olp.1 Corrupti on -
Ob.truclng JUBt~O.

Pub110 Misohle'.

The Dommon 1&v o rr.no. or pub+l0 mleoh1.r haa b.en


aod1f1e4 and appears 1n o1au •• 120.

g iven .""1.~noe 1n a Ju.4..101.al. pr'oo ••,41.ng o n _ ...... t el that


vv... t>.. ~,..........." ~, .,t:.....J ~ V1 ......-J.........:,q .
1~ to glveA GontradiotorT ev1denoe {~~~.~t
p roc_41...ng •

PA1\" IV
a.~ orr.no... Pub11 0 Moral . and
D1.eorder1y Oonduot.

Rape _ Carnal. ~nov1.dg. - md.oent Aseau1t. - S eduoti on


Prlnt1ng Or Publ.1.ehing Obeoene Hatter And Cri me Oomiae _
- -.-.,~ ;

Permitting Der1~.m.nt _ Dl.ord,r17 Conduot _ Dleturbing


R.11glous Servlcea _ Kuleano •••
~. ~ J'~AA. i.4 \ f.,. ..., ~h..yP' »-1;; v ,-"p JY .....,-).<.< ) 1. J,l~ v~~ ~ J.,I ......

'!'her.,..--n.s.--be.n--f>On . ' ".,..'d1.


rearrangem. a.1;: &.Ad" .eoti o ne
................! 1-~ ...' <.J'l;O...~ . r;..t. ,r HC.. ~ ...;
d • •l.lng v1.Tih lIIexual. ot'reno •• ",hioh W~. 111 ~ttun -:PaPte ' or

S .ot~ o n 134 oon'taln. a aod~~ioati o n a nd exTien.l on - or


tbo rul.. o~ pr aat~o. whioh has grown up vl~b ~.~.r.noe to
0 •••• where r ap. or . t t ••p~.d rape 1e obarged.
-r.
PAR'!' V
D~8ord.r!z Bouaee. oaa~ng and Be~~lng .

Oe~n B e~ tlng Hou • •• _ ~n Os_lng Houa.e - ~n

Bawd7 RouB.a _ P oo1 S.111ng And Boo.~aak1ng - Lot~.rl ••

Proo~lng _ Searoh or Dteorder1y R ou ••• - Ch.A~l ng At

P1&7.
............-'> 6-t-'''- ''''''''-'
..". pr .,.ump~lon. whicb r o~ .·r17 ' .~ar&4 1n Part
XIX; epeclal. prov181ona r.1&~ln g ~o a.arob whloh
~

PART Vl:

Dutie. Te nding '1'0 PreeerY.'lon or LtC. - Orlmlnal.


W.g~ls.no. _ Murder _ Kaft.1.ugh~.r _ :rn r. n~lo1 d. -
Oono.al •• n~ o~ 81r_b _ Suioid. _ Oattalng Bod11y Harm
0.le 81 0 na C ,.u alng Dans--r '1'0 Pere ona Drunken DrlY:1ng _ ~,:-U.
r ·' ...c.t... ~·\
A•• ault. _ Xldn a ppl ng £nd Ahduc'l o n Abortion _ Orr.noe. G ' ~'

Agaln,t OonJugal Rlgb~. _ 81aapb •• aua Libel - Deraeatory


Libel. .

The r.4r ar~ or ~h~. Par~ Dontalna the new d.Clnltl on


or or1mlnal na gl.1genoa. The , changoR o ona .qu.n~ ~h.re~

are a •• 1~ wl.h la the ~.por'.


P or •• r17 there was ~ eontue lo n a. t o tba aegre ••
or a8 a au1t 1nteD4ed ~o be indl0.ted b7 the term. ~nr 1 1otln g

ari.~ou. had117 bar.- , .eotl o n 274. aDd .a. 8.u1~ whioh


o o o •• l o na aotua1 bod1 1 7 h4ra-, •• o~i o n ~5 , the p .na~t7

It hAa beon
. ought t o oomb1n. ~b ••• by ~h. p rovl.ion o o ntalned 1n
o lau •• 231( 2 ) .
or a.ot1on ,10 re1.t~n g ~o pa17g..,. and ~noorp orat ••

the ru1. a ll to a~d.no~ r.~.Taftt t b.r.~o ~oh nov


appear. 1n o.o~ion 9~ .
e l~11Ar1~ th. eaving proYlalone o r aeot~ o n. 912
and 91', a nd the pr •• ent 9 56 . &1 1 or w~ oh re1at. t o
4ar . .8tory 1 1ba1. hay. b.an p1aoa4 ~n t h ie ~art a1 0ng
wi~ aeatlon. ,18-'34 upon the . . . . . .bJeot.

lAR'f TYI
Otr,no.. A«.~n.t Rights of Propart7

R.o.~V1ng And R.~.inlng _ Pa1 •• Pre~.n,


<-•• _ Vl taho~.~

rors-rT And Utt.ring - orr.noee R ••••b11ng Porgary_

orca no •• Agaln.. 19b'. or o per_T ;rno1Uda. thart


~ nd klndred o rrano •• bur 1 ar7~

re oalT1ng and ret. oomm6ael o n

. d t hare to.

p rovide Yarlaue p ana1~le. ror p ar tiou1ar .hart e have


b.en 1 ~ rg. 1 y rep 1 •• ad by o1au •• 2 ~0 whioh prOY1dea a
"f:....-"'\ ~
.aIimua pe n ~ 1t7
r Cor ta.r~
aDd 1oayoa to t b . dl a o re
. tl on
or the Judge It a app1 1 06 . ~on .0 partlDu1ar O ~ •• • •
~. orronoao or raoetYing and reta1ning proport7
obtained by or1.. are •• parated.
~. proYiaion. re1a.lng to ~hreata n1ng 1etter. now
appearing 1n yarl o u. p~~ ~ or ~b~ Oo d. ~v. been ga thered
to g at~ r 1n o1au.a 316.
-5-

PAR!' V'Z1'l:
Pr .u4u1 . n~ Traneaotl ona ~o1at1ng To
aon~ao.a And ~ad._

D~rrau~n8 rnd1y~dna1. _ rraude On The Pub110 - Ua1ng ~.

Mal1. To D .~pan4 _ Stoak N arke' Fraud. _ FrAuds Xn Reop eot


or Tlt~. To Proport7- _ ~Aud. On Or e~tor. _ r&1.1rlaa~l o n
lI ~........".J . rl ~ i'? ~
or Book_ And Doo~ns~ _ - P.r.ona~lon - r ors-rr or TradA
Harks _ ~ .. 1 •• Goode _ Beora~lng wraokl
uy~~ v.f,,,c.). Pbbllo St;orel'l _ l'ntlm1datlon - S aarat

at' ita 1amgth and or 1t. d •• l ing wl~ many unrela ted
Bub Je ots, ~al!l tbought to laad It a 011' re~~1y to Bubd1~.10n.

~th p~t1 oul. ar rararcnoa to ol ause 3 2 3, ,,1ea s e aaa tbe


Raport.

lAM rx
Mi. . ohler

Thi. Part deal. with 4~ag. to an4 Intartaranoa V1th


p ublio and priva te propartr_
brought abo ut b7 ao.blnins 1n .. g .n. ~R 1 01aUB. ( 172 ) a
gras t many or the pre •• nt prov1s1one.
PART x
f,.. tI.u.. ta..(.A..-1 "---' ~......."......q "
v

Counterre1t1ng _ Po ••••• 1oft or OouDt.rr.1~ Mone7 -


Ut~.r1n~ Oount.~r.1t Koftey _ Der8alng Or I~aring O o ~.

Making Or Po ••••• ing In.tru.en~. ror ooun~.rr.l~1ng -


AdTer&lalftg Or Tra~r~oklnc In Ooun~errel. MoneT Or Countar Calt
Tokena OC Vah.e _ "For-:r.lttare Of" CounterCel' Monel"" IJIjC ~
InatrU$.nt. ~or Ooun~.rr.1tlng.

Thl. Part hAa b •• n ao~1.t.~y rewritten and


o o neo11d~ t. d eo Ae to pro~eDt the eurrene7 gy prohibitlng

oounterCelt mo ney.
haa been made to lnolude paper .on87, 4trrenoe. 1n
oo~n6~~t ~er . Co rmor l y c o vered by the aoot1 0 n.
relating to t"org ery.

PART Xl
~~l •• pt., Cog8p1raole •• Aooe •• orle.
J c..;,. ? o...J...
~ o o nt.ln.8 t~ oCrenQ•• ar18ing out ot" t he
~' 1...,", II!W-",,-,
rule" og.n.e~ ori mlnal. re8p onel.bl11tT .et:: eut in Part I .
It ~B alao ga t hered 1nto o ne o1au.e (40~) the provi.iona
o t" the present Oode re1ating to o on.plraB¥Jand ino1ud •• a
ooea&\%!!12n at" o o naplraoy at Doamon law a" deCined b¥ the
oa.e8.
" eotlone ~9~ and 49«A oC the preo ent Oode ~nd retained 1n
o~auae. 411 and 412. p1eae • • • e lhe Report.

PMtT XIX
Jur1.dlo~;on o~ Oourt.

Bear1ng in mind the provieione or the Statute o r


Weetmlneter,the Coamie.lon ha. adapted olau.e ~19 rrom the
-1-

Te~rltorl ft 1 Watere Jur1e41a'lon Aot~ 1878. wlt~ ~

territ o ria l l1a1t •• t at twel? nautloa1 a l l . . . In


th1 8 oonnllatlon rarer.noe m~ be _ad. to the ~Rot that
the Cuato •• Aot dartns_ OBnad1an Ouatome Waters a e
ext.nding alna aarlne mil •• beyond Uh. tr a d1tlona1
tbr •• -a11. Italt. and 1t 18 relt ~t under a o dern
... .....:.. ~~ .
o o n~tlon. this ~t 1 • •pproprl~t . tor polloI p urp o •• •.

e p eOlAl p roviaion to th~ oontrary. ~h. trial o~ eTery


indiot a ble orrano. aba1 1 be • • 2t.1 by Jury n nd t ha t
ClaU8 _

Attent10n 111 0 a1184 to the C a oll tba ..


the 11.10 or th ••• O~ •• 8 1. not a • • x~n.lv. a . 1n the
p ra •• nt .eotlon 583. Thi. h •• b.en noted with app ropr1ata
Domaont 1n the Report. Tho • • 'court. or orlmlna1

o rrenoa • • ~7 taka plaoe w1th • Jury • • 8 1n t~ Dourt DC


general a ••• lon a 1n OntAriO &Ad ~ho o.UA~7 o o ur~ ~n Hev
BruD.v~ok . or V1~bo.' a J~ vi~h the oons.nt or the
a oo~8.d or ~n .0• • oa ••• vlth o ~t his o o n.an~. are der1ned
1n pars graph (10) ot •• o~lon ~.

The epeo1a1 proTlelone o o ntAl nad 1." the p:re8en~


f'--'
XI
~

haTe been ooablned v1~h the a4~_lon or 8 . proyl .l,on


oonoerning o~re noe. oo.~ ltt .4 on &i:ror.r,. The ru1a_
aR~n g power. nov oontalned ln .eotl o n 576. and Cas to
oourt. or &Pp~. l) in •• 0.10n 1021. hay. been o o neo11dated
ln 0111u.a 4 2 4 .
pAM' XXXI
Speoial. Procedure pnd Powere.

Wl~hout ?u b1101~7 _ Searoh W~.nte

And Dlapoea1 or ~h~ftg. a.~&ed.

'!"h~s Pa.r~ 1_ d.rl . . d :t'roa tbe pre8ent Part XII. The


pro ~1.1on8 re1atlng to tb. ooneent or the At~orne7 Geners1
to the coamenoell:ent 01' , pro.eout10'\) 1n eo rar ae they •
I ~~
b.Y8 been retain.d bav. b •• " put vi th the o1aulI~ r&i-a-t1.-ng
, I'll;... ~ ~ l -. ~ ,fW'/":"';
....,.... the ot'r.no ....l. '!'hU5fii, also -'e.11 4e •• 1n r.~eot at'
epeola1 poYera or .earoh. ~e power or selsur. und er a
nenroh w~rr a nt han b •• n v1d.ned to ••power seizure at'
th1ng a obtained by or ueed 1n the oommie Blon ot' ~noth.r

orr.nee 11' round during the coure. or t he e e aroh.

PAR" XIV
Oomp.111ng At •• ndanoe ot aft AOOUBed aerore
J'uptlee ••

Arrest Without Warra nt _ LAying In1'ormat1ene Ie s uanoe


or BumMons Or W~ant _ .xecution or Warrant Ser.,1oe or
Summon_ _ Proou ri ng Attend&noe er A Peraon Who I n In
Prieon - Endorse.ent Or W.~an~a.

&.JC'cept
or
prieoner . who •• a tt.nda nae 1_ req~lred . ha~b.en oarried
into i t rro. the pr • • en, Par' XXX a Some provl.1 ona or
, -e... ~
~he pre.ent ~art XYIY ~h 4 •• 1 v1~h matter. n rl sing a rter
the Ju. t~ oe. ha~. been t rRn.rerr e d
w1th the p re1i&inary ~~: The
•• oti o n. dee1ing with pewere or arrest have b ee n o o nd.~.d
-9-

b7 .11m1na~lng tha 10ng enu- erall o na or o~r e nO.8_

~h... were d •• med neo • • eary 1n ~h. Oode or 1892 beaa u ••


or the a bo11~l on or the dl.t~no~l on b etwe.n ~ .1 on7 and
misdemeanour.

PAR'r XV

Procedure on Pre11mlnary Ina uity

c •••• Where Ma g istrate Baa Abeo 1ut. Jurled.lotl o n -


Power s o r Juetl oea On Xnqu 1r7 _ 8411 a.rore Commltta1
AdJournaent _ Remand For Ob " .r!'~'i~ o n ... '1'0 e.n.11:y -
~f ."
'rakin g E.ldenoe or Wltn•• ~ •• _ Ao ou.ed Kay 0.11 E.lde noe
0 0 _.1tta1 or V1.1:neae R et"ua1.ng To B. S worn Or ~o T,eatlry

~Rkln g E1eotlon . Cr Aoouaed _ Oommltta1 For Trla1 - Bal1


Arter CO&m ltta )F~ ~.

tho •• pro~.1 o n. or Part XZYZ wh10 h ~e1ato t o p re11ml nary


1n q u1.J'"1 ••• C1auee 450 requ1re. a Ju e tloe to rema nd an
&00u •• 4 t o apnear baror. • . 8g1 e~at. . ~oW' .ra d to a ot
under P~t XVX .1n O ~ ••• In ~hloh a aa g l.trBte haa
a b so lute J ur1sdla tlon . A Juatloe m&¥ p ut an aao us ed t o
h l e e leo t l o n 1n_08.8. ~hloh .ay be tried .~y by
~ " I......, · ( ~ltl.&")
A J ud g ~. Pro. l e lo n 1e maO . Cor t h e mentA1 .xamlnat1on
o~ a V Om6n ohar g ed . vlth an o~r.noe 1n reeoeot or the
d e Bt h or her ohl1d. (. ~~ ~ (, I ~ J ') ,

PART XVI

Aboolute Jurlsdlotlon OC Mag i.trate. _ Juri s diotl o n o r


EIwOtlOoJl Pur - &
1/,...c,c...~, ·"l1.""'&"\~ t I A
-10-

'I n d.1. ot •• nt ~i WO'.-J_, , , _

1 1v~
Tb~. o o mb1ne. APart. XV'I a nd ~IXX. 'It. erreot
1. • • tated gene ral.ly 1n the report.

PART XV:tx

9v.Jl/~!d- .1(1'........ - ~.< .. ~t#"


PrOO!dlFe bz I ...., at-eat 1I )

Prererr1ng Indiot.ente _ Oontent. 81' Oount. ~d1otwen'.

:Bart10ul.ar. Joinder And SeTer ano. Of' COUQt. _ Jo1.nder


or Or-tenoe. Prooedure Bet'or-e Grand .1u.r7 _ OhaDge at'
Venue
Pl.ea. Trial. Ot' I • • u. or Ine.nltT _ s.re au.to47 or
~ ~ v,(;J
Pereone round In.ane _ Pro.edure ~.p.o~ e~ aorp o rfttl o ~

Ri g hts Or ....
C.-p&J1ell1ng JUZ"7 __ abellenae '1'0 ArrQ
Aooused Oa '!'rlal - !:v1.denoe
Oha.11engl,ng Jurare _
Ver&1.ote - Impoe1 t1 0 n l'
Sent en o e.

~
A"":IIQ' gar- or .001;1 0 n.
relAtlng to _._tere at' eT1denoe a nd o . . . . ~ft et.er epe01 a l
rule. haTe b een pLaoed v1_h ~e eeo_lone
~
r~at1n
......;:.0 the
o rre no e . to vh1.oh the7 rerer. Oellerally the p rooeduro

• ~ng
It. .
bT indi ot ment
ra ~''-'''''~
at'
h~. been pre.erved lntaat.
the tr1.a1 or 1 •• " •• at' 1naan1 toY a nd tblt
ordore t'ar •• re ou.,o4¥ aer
~ ....
.ow
~e p roT1el onA
":':>
h...u"",,:\ "l..- -t-(.L..,....., ..
ee 'I~" _,
t-
.
• 11 oourt. bAT1ng Jurledlot1on to tr7 lndiotabl e otr.noe ••
0 .1 hUl S.e uea arlelng au", or ohall~ nge.!..5.d ou t or the
.peo1~ p 1e&. ot av'reto! • • o ~d~ardon a re dea1ar,d
~

by the B111 t o b e a&tt.rs t o be determ1ned by ~he Judg e.


~he pr o v1.ione re1atlng to t be • .en~.nt or ind iotment.
_11_

have been oonaol~d8 ~e d 1n one o omprehe n a1ve 8eot~ o n

and powor haa b een g lven t o . . . nd n n lndlotment whloh


wou1d o~herwla. be a nul 1~ ~y ~hrough the 0.18.1 0n to
lnclud. an e SBant l al ayormant. The pro~ .lonB relating
t o appaA.].. !ott: bid1q tab):. o:t':f'rao"a ba.e b a. n Inoorporated
in a aepare te Par~.

,ART XVI II
Indlct Abl . err.no ••
RIGRT O~ APPEAL TO PROvINCIAL COUR~ OF APPEAL _ NOTICE
OF' AJl'PEAL _ JUDGE 19: REPORT _ POWER OF' OOURT TO ORDER
PRODUCTION O~ DOCUKER"~ AND T O CALL ~~ SSE9 _ POWERS
or C OURT OK HE A1UNO or APPEAL _ POWi:R or MI KISTER OJ"
JUSTIOE TO ORDER. NEW '1'RIAL OR REYER Q,UEST'I O H9 TO COURT
<I~'
or APPEAL _ RIGH"!' or APPEAL 1'9 eUPRDa: C OURT ~ _ POWER/.)
or COOR T Olf D!!Aft:!:tf6 OF APPE AI.. ..

Thes e pr ovi. l o ne a o •• rrom Part XXX. Tb. provi. l o ns


I..... 0/
relat1ng t o ordering n e w tr1al . haTS been olarlrlad in
"
the l l g ht 9r "
~he d s o1el9n . o~ t~ . Supra&a Ccurt or Oanada
in We lch T. R • • 1950. S .O . R . 412.
or Canada haa b een g lven a right or Rppe~ 10 08888 1n
wh10h the pr088out 1 on has b a.n
, t:...
o o ndu o~ .d by hi_. The
proY1a1ona relatIng to r1gbt or t~ Orown ~o appea1
'-
agal n . t an &oqUltta1 ba.ec.en rev1a.4 ~o g 1ve tha Crown
An ap e eal wher e t:hare baa ~en an lIoqu1. tt nl. cpf th.
pr1 nolpa1 orr anoe but II oonvlo~lon . . Aft inoluded o rrenoe.
,-I""
.PA"-T XYX

Th1. Pnrt gllt:ber. tos-thar the s e o t lons d.a1~ng ~th

thl a sub Je o t, lind the t:llklng Or evldanoe 9" oomml.a1on ~1oh

now appear 1n d1rr.rant Part. or the OodA.


-12_

PM'" xx
Pun~.ba.nt.. Ftn... rorr.l~ur •• and
R •• ~ltu~~on or Pr op.~.T.

PtrNl:SHM'E1IT IN DI90RE'rION' OT cotm'1' _ atDC't1LATYVE PUNXSHMENTS _


,.:rREe xx LIEU 0,. OR :IN ADD:IY:rON TO YMPR:ISORB'OT - PUJfY9HMENT
OF OORPOftA'!'I OHB _ OOKMEH OEMEWT aT sEKTBKOX9 _ PAR~ PArKER'!'
or J"IKltS _ W"JIO :IS '!'O REOZIVE nns _ AO'Z'l:Oft'S TO REOOVEJ't
P!CNALTIES _ OOKPEH ~ ATIO" AJro 1U:STI'rO'!'IOft' or PROP!:R.TY - WHERE

IHPR:r~NKE1M' TO BE S ERVED _ SOSPD'DED S E1'fTEKO» AIm BINDING


OVER TO K~EADE' WBTPPIIfO _ OAPrrAL 'Pmn9~EM'I' -
Dl:9ABILXTXES ARI S ING P'ROM COJllnCTIOH _ PARDO",r ~~.... .

Exo.p~ 10 0 •••• Dr ~lbe1 the provl.~onA r .1a~10g to


The apeola1 proTt.lon
&op11oab1e to OntarIo r.~tlng to payaent or rine. to
Kunlo1pa11;lell ba. been 4ropped 1n the ln t ere •• e or
unlrOr&ltT.
the Pro~lno ••
The proTtelon .nab11ng .baring
and
-
Munlolpa11~1 •• ~.
or
Do~tlnu.d.and
,
r~n.a
{(.:...
1. re1t
bet •• en

~ ~ I>-'""",,l--'-'>.. ~ ..., u;,.. ~ ... _ _ut..<. ~,,., ""


to be .daq.u~~6n--01'-~-ft-......be--i...,... ~

'!'h. pronalona

PART XXI

HABIT UAL OPFKNDERS - CRIMINAL SEXUAL PS%CHOPATHS


APPLICATY O. FOR SENTENOE or PftEVEftTIVE nE'I'ENTI ON
PROCEDuq i: ON APPL IOA1'XOJf _ WRER.E BSNTXNOK: 8 TO BE SERVED
PERI ODIO R E VIEW .Y MYJlI1'9'l"DI 9r- -JU5 1'I01C _ APPEAL llY
ACCUS ED Al'fD A'!'TOlt,:,n:::r ODltRAL.

Tb~8 Part oombln •• the proT1.1 o n8 r.~Rtlng to the


pr.~e nt1ye detantl o n or ha bltu.~ orlm1nal. and or1~ln.1
•• xu.+ psyoh opaths. Theae wera ro rmerly 1n d 1rrerent

bean oonrar ~' ad on a~ l OOUJ"'ts whloh try 1nd1o table orreno.s


a nd h.no~ e x tends the pover t o aagl atrate. aotlng under
, ~ .i1-J><-<MoA
Part XV"I. Th~ 1ssue le to be t:~d by the per. o n

PART XJaI

Erreot and Ent'oroement ot' Reoognizanoe

RESPONS I Bn~rTY or 9URETrz~ _ DUR ~ TION OF RECOGNIZANCES


RENDER or PRINCIPAL Br qURI:TIES _ XNOOR C\EMil'iT or DEFAULT
UKDw.R RECOGNIZANOE _ PROCEDURE rOR FORrElTURK ~"TER

DE F AULT _ ISSUE OF FIERI FACIAS _ COVYITTAL OF ~URETIES

'fflJtN 'fRIT NOT SATISrIED _ REMEDIAL PROvrSION ENJIBLING


RELEASE OF "URlt'TrES.

Thitl PBl"' ~ pY" onde" a ·unll"ora pr ~ o1s1 oi!t Bpp11oab1. to


all Prortnoes. '4"..",. ~ ~.,.. ~, it... ~ . . . .(, .

Extraordinary Re.e41fts

T h is Part applke. to the vrl~s ot' oeY"tlor&l"'l; habeas


oorpus; mandamu s ~ nd pJ"'ohlbl~ion# and 1e derl~ed t'rom the
p re.ent Part XXII . Provi.i o n has b •• n ma d . ror An spoeal
",v
II.ndt:.~ nbo1. 1ti o n ot' the pr1!,.ent praotio . or go1ng r:r-om
Judge to Judge w1th an app11oation t'or hab e •• oorpus.
_ 14

PART XXIV

P~ooedur. in 9~arX ConTlat1on Matter a

PROOJCEDINGS T O BE COJoOllE;NCED BY INFORMAfiON - I SSUANCE 0'"


PROCE~9 _ INOLU SION OY MORE THAN ONE MATTER O~ C OMPL A r~

AHENDHEJifT or INYORXATIOn, _ 8EV1:RANCE 01" OOUNTS -


AD.10tTRNHEJifT _ KIGHT '!'O MAXZ roLL A1f!3ll'ER AND DEP'ENOE

BAn. _ TRIAL ADJUDICATION _ _ ENTORCING


7ZKAL~

1°<-
ADJUDICATI ON COST S _ SURETIES TO ~EEP PEACE - APPEAL
AGAINST CONV]:C "l'IO N OR SltNTENOE: _ PROOEDURJ: ON AP PEAL
t--V."., N.~
APPEAL TO B E ON P.:VTOE'!'mE,...._ POWERS OF' Cou:=tT O N AP"P E AL
S!:COR rTY BY APPE'LLAH!' '1'0 PRO SE:'OUTB: APPEAL _ S'rAT ED C A SE
w''p~ ~-'"''
PROC!:DtrRE -PO~OP COURT _ APPEAL TO C OURT OF APPEAL IN

CER'rAtN C .'SE'5.

t o bring i t more near17 1n aooor4 with the p rooedure Cor


the tr1a1 Dr lndlatab 1_ orren.... ~1 p roo •• d.1ng. -.-to ~
be oommenced by a 8worn lnrora.tlon and _a7 Dontain more
t han one orr_nce lr •• t out 1n •• parnte oount~~lth

power to the aourt to try ths oount • • ep&rat.1y. The pavers


or &mon~.nt r •••• b1. ~os. app11oab1. to lndlotabl.
Orranoea. The pavers o r the oourt. hearlngapp.a1. are k b-
.1~11&r t o thoae or the oourt. h~arlng appea1. 1~~t-
~~- ~
ab1. orranoes. ~. enroroement or pena1tl •• by dlstre ••
hAil b ...n-,'OtA.J ;+", ..d. ~ ~t. ~· l ''-.M.-.~ .
susgee ti o n s I n co r po ~ ated ~n the D rar~ B 1 ~~

P ART V I .
j;~"1 h -/4-;c . .-,··~
-" ~ ~<-.- J
Soo . 21+6 Aota d~n~e r o u a ~o l1 r e . Sugge6t~On to
change t e wo r d "necBes1ty " ~o "emergenoy" .

Sec . 21+2A Not mn ~ nta~n~ n ~ fami l y . Suggest10n tha~


thio be d r oppe In v1 ew o~ eec ~ ~on 241.

See . 260 I>iu rde r 1 n c omm1. ss 1. o n 01' o :f f'enoee . 5uggeat~on


t h at t h e one exp.r eae i on "harm n o r 1I1njuryll
b e UGcd thr ougho u t . The word " harm " ~e used.

Sec. 261 Note : Thi s ooc t~ on has b ee n altered by


putti n g the VerDo ~n t h e past tense .

Sec , Th r ea ts . T he red r afted sect~on (schedule.


ft. ~ )Ie ba ing i n serted to Ca l l ow eoct~on
7 • p . l o5 .

Sec. 262 Inte r re r~n g w~ th ra~lwa7 ' A eugg eet10n to


dele te " cnu s es o r" . p . ? • lin ea 1 1 & 12 .
has been a d opted bocaus e i f death 1. 0
oaus ed . the of'fen ce io murder . and if' bodily
har m 1 s caus ed . ~ t Calla w ~ th ~n 291 (2) .

Sec, 267 "D~a;:n:i!!g~e~r~o~u;:.~~p~l~a~


c~e~.~. Tho wo r c!e " i a adeqUClto"
have bee n in se r ted or t e r t he word liar" .
p . 7 S- lin e 41 . p.79-l i ne 4 .

Sec. )15(2(b) Abduction. Thi s haa been altered t o rea d


" to be vl x teen years o r age or mor e " .

Se c , 30 7 Vene r oal. d 1. [) en B e s . The r e draft ed sect 1. o n; flChed.ule


p . l ? ; co mpli e s wI th s uggeet 1. o n s ~hB~ an
orrence be c rea t e d . ponalt y prov 1.ded and
co r r obo r at i on r e qu 1.red.

8eo . 309A 5hou1d the


b"r.at1.on u nder

Sec . 3~0 p OI Y\Jsmf' Suggest; i on to add " o r ontero


I nt o a ter " p ract~ges " 1. n c l aue e (.::d ;
1 1. n e 1 .

Beo . 199 Rel1. g 1. ous Ele rv~ ce e. Tho t'llord s " dut y o r u
h av e been In De r t e d befo re ":f'uno ~1. on " 1. n
o l nu ~ e (l)(a). l ~ n e 4 . a n d t h e 8 0ct1.o n
t r ano:ferred to fo l l ow 222B . p . 5 1 .
Seo . 317(2) De~amatory 1ibel. Th le section haG b een
iilterect t o rend un de:ramato r y libel 1e
matter pub1 1 ehed d i r eot ly or by ln s inuation
o r i ro ny . " etc ., 2(c) hue b een eliminat e d
and th e word " or ll 1naerted at the e nd or
clause (a ) .

Se o . 318 " o r" hUB be e n inserted at the e nd o f'


o l n us e (b).

Sec. 33 2 Extorti o n by llbel . Th e t' 011 0t-l1ng r~


draft of secti o n 332 haa been 1n08rtod
to replac e the se ct i o n ae 1t appears pp .
85 and 86 .
~33 2 . (1) Everyone t-lho
( a) ' ....ith .1ntent
(i) t o extort money; or
(11) t o induc e a pe rs o n to confer
upo n or p r ocur e :for any peroc n
An o.pp0 1ntmen t o r o !':f'.1c e o:f
prof1.t o r trus t ;
publ.1 s heo o r threatens to publish or
ot"rors t o abstn.1.n !'roro p ubll.oh1.ng o r t o
pr e vent the pub11.uh.1ng o r a d e 1'ama t o ry
libel . commite an ind io table o 1'rence .
(2) Ev e ry o n e who as the r esul t 0 1'
the r e 1'usal or any person to pe rmlt
money t o be ext o r ted o r to conrer or
pr o cure an appo 1.ntme nt o r o 1'1'ic e o r
pr o fit or trust , p ubli shes o r th reaten s
to publloh a deramat o r y l1b e l, o o~n lts
an indictable offence .
(3) Every o n e who 10 g U1lt y o r an
o 1' ren ce und e r subsection (1) or (2) ~e
l1ahl e t o 1mpr1.so n ment f o r two years
o r to a 1'10c o f s1x hundred d o 11ars or
to both . "

Soc . 3 11 Sugge uted n e w aect10n.


Mr. Wils o n suggests that a n ew aeetl o n be
1nserted 1n Part VI to cov e r deat h rrom
(l) negll gen~ shoot1ng by hu nt ers;
(2) other oases o f cr1m1nnl n egllgenoe
where 1t 1a not oona1de red doe1rab~e to
charge manslaughtor.

" " " II 1111


THE SENATE OF CANADA
SPEAKER: Hon. tlie Beauregard

Official Report of Debates


1952

Editor: H. H. EMERSON, C.S.R., Room 236, The Senate


Reporters: B. P. LAKE, C.S.R., G. B. HAGEN, C.S.R.
P.·H. SHELTON, C.S.R., T. S. HUBBARD, Jr., C.S.R.
V. LEMIRE, M.B.E., C.S.R. (Sessional)
Translators: THE BUREAU FOR TRANSLATIONS

SIXTH SESSION, TWENTY·FIRST PARLIAMENT


1 ELIZABETH II

EDMOND CLOUTIER, C.M.G., a.A" D.S,P.


QUEEN'S PRINTER AND CONTROLLER OF STATIONERY
OTTAWA, 1952 ,
.'
198 SENATE

THE SENATE minor changes in the wording '\vith6ut-tne


revisors say-any 'alteration of meaning, and,:
that many more sections have been com~'
Monday, May 12, 1952 pletely redrafted, with ,changes in penalties
and so on. This is a measure Which, in my;
The Senate met at 8 p,m" the Speaker in opinion, must be considered clause by clause.
the Chair. The bill now bef-ore us ~ the result of the'
Prayers and routine proceedings. work of a committee under the distinguished
chairmanship of the able Chief Justi'ce of the
CRIMINAL CODE BILL province of Saskatchewanj who- has worked
FIRST READING on the amendments for some three or four
years. One member of the committee is an
Hon. Mr. Roberison presented Bill H~8, an ·able and experienced criminal lawyer from
Act respecting the Criminal Law. the Province of Manitoba, having been for I
. The bill was read the first time. ten years Crown Prosecutor: in the city of
Winnipeg, and later Deputy Attorn~y Genera.!.
NOTICE OF SECOND READING TOMORROW
i·The. Hen. ihe Speaker: Honourable senators,
t feel th~t the .so~ner· the bill is exp'1ained
on second reading; the ear:lier it will go to
when shall the bill be read the second time? committee, and the morE!! time we wiU have
Hon. Mr. Robertson: Honourable se11:ators, to c;onsider it .in detail. I am pleased, there~·
a short time ago the leader of tl.1e opposition fore, to consent to second reading tomorroW.
(Hon. Mr. Haig) quite l?rope~ly_ called atten-
tion to the necessity of adhering to the rule Hon. Mr. Reid: May I ask the honourable
requiring at least two days notice of a motion leader if copies of the bill will be distributed
for the second reading of a bill. I quite by tomorrow?
agree that this rule should not be waived Hon. Mr. Robertson: I am quite sure that
unless some excellent reason is advanced for the printed copies will be ~vailable tomorrow.
so doing. For having myself occasionally
lapsed into carelessness with respect to this The Hon. the Speaker: Honou,rable senators,
rule I apologize to the housel and promise to is it the wish of the hou-se tha,t the honourable
try to observe the rule more faithfully in the leader of the government be permitted to
have this measure placed on the Order Paper]
fl.lture.
for -second reading tomorrow? .
Under the circumstances, how~ver, I feel
justified'in asking for the unanimous consent Some Han. Senators: Agreed.
on
ot the' house to place this bill the order
p,aper ,for tomorrow. My eadier intention was TRANSPORT AND COMMUNICATIONS'
to introduce this measure last Thursday and COMMITTEE
move second reading ionight, but because of ADDITION TO l;'ERSONNEL
the delay in receiving pJ;inted copies of this
volwninous bill I later decided that when the Hon. A. L. Beaubien: Honourable senators,
bill was introduced tonight I would ask that with leave of th~ Senate, J move, that the
it be set down for second xeading on Wednes· name of Honourable Senator Roebuck be
day, which would have been in accordance added to the list of senators serving on the
with rthe rules of the house. I am now Standing Committee on Transport and
Communications.
informed that the Minister of Justice, who
will explain the bill on second reading, is The motion was agreed to.
unable to be with us on 'Wednesday or Thurs-
day, but cm be here tom'orrow. Therefore, FARM IMPLEMENTS, INSECTICIDES
unless the second reading is left over until AND FERTILIZERS
Friday, or some time next week, the only INQUIRY
alternative is to ask the leave of the house to
proceed tomorrow. Hon. Mr. McDonald inquired of the
government:
Hon. John T. Haig: Honourable senators, 1. What farm implements. insecticides or fertilizer
as I raised a question the other day on the materials are subject to import duty?
observance of the rules of the h-ouse, I feel 2. What is the rate of duty on the above-
mentioned articles?
that I should say a few words at this time. 3, What other taxes are any of the aboveRmen-
1 am most .anxious to hear the minister's tioned articles subject to. and what are the rates of
such other taxes?
explanation of, this bill, ·and then to have it
considered in committee, where it can be Hon. Mr. Robertson: The answer is as
dealt with clause by dause. I understand follows:
that a great many sections of the law have 1 and 2. No farm implement classified
oot been changed, that many have undergone within the Agricultural Implement Schedule
206 SENATE

THE SENATE CRIMINAL CODE BILL


DISTRIBUTION OF COPIES
On the Orders of the Day:
Tuesday. May 13. 1952 Hon. Mr. Robertson: Honour,able senat,ors,
The Senate -met at 3 p.m., the Speaker in before the Orders, of the Day are proceeded
the Chair. with, may I say in connection with Order No.
Prayers and routine proceedings. 4, which will be called in a few minutes, that
I was a little optimistic as to the number of
copies of the Criminal Code Bill which would
THE LATE KING GEORGE VI be available at this time. At present we have
MESSAGES OF THANKS FROM HER MAJESTY on the table twenty copies of the bill and
QUEEN ELIZABETH .II AND FROM HER twenty copies of the report, 'and just how to
MAJESTY THE QUEEN MOTHER .
distribute this small number among so many
The Hon. the Speaker: Honourable sena-- members taxes my ingenuity. However) I
tors, I have the honour to convey to the house might suggest ,that distribution be proceeded
two messageS', one from Her Majesty Queen with, and that those who accept them will be'
Elizabeth and the other from Her Majesty found among the lawyers, who openly profess
the Queen Mother. that they know least about the law, and
The Senators rose and stood in their places. among the laymen who boldly profess that'
they have a greater knowledge of law than
The Hon. fhe Speaker: The messages are their fellows. I know of no other way.
as follows:
Members of the Senate and of the House of Some Hon. Senators: Oh, oh.
Commons of Canada:
I have received with deep appreciation the NATIONAL RAILWAYS AUDITORS
Address which you have presented to me. BILL
r am sincerely grateful for your kindly sympathy
in the loss that I have sustained through the death THIRD READING
of my dear father.
I greatly value the assurances of your loyalty and Hon. Wishart MeL. Robertson moved the
of your support which you have given me on my third reading of Bill 9, an Act respecting the
accession to the Throne, and It will be my continual appointment 'of Auditors for National Rall~
endeavour to be worthy of them. ways.
ELIZABETH R.
The motion was agreed to, and the bill
Members of the Senate and of the House of was read the third time, and passed.
Commons of Canada:
I thank you warmly for your message of con-
dolence.
DIVORCE BILLS
HoldIng, as I do, the most vivid memories of our THIRD READINGS
visit to Canada, the many expressions of sympathy
which I have received from all parts of your great Hon. W. M. Aseltinel Chairman of the
country have especially touched me, and I d-eeply Standing Committee on Divorce, moved the
appreciate this further sign of your thoughts and
your affection.
third reading of the following bills:
ELIZABETH R. Bill U~7, an Act for the relief of Laetitia
Daigneault Martel.
SALACIOUS AND INDECENT Bill V -7, an Act for the relief of James
LITERATURE . Alexander Ford.
FIRST REPORT OF COMMITTEE
Bill W -7, an Act for the relief of Joseph
Gerard Abondius Fauvel.
Hon. J. J. Hayes Doone presented and Bill X ...7, an Act for the relief of Richard
moved concurrence in the first report of the Patenaude.
Special Committee on the Sale and Distribu- Bill Y-7, an Act for the relief of Fran~oise
tion of Salacious and Indecent Literature. Bellehumeur Dixon.
The report was read by the Clerk Assistant Bill Z .. 7, an Act for the relief of Cynthia
as follows: Daphne Roberts Gagne.
The Special Committee appointed to examine jnto
Bill A-8, an Act for the relief of Dorothy
the sale and distribution of salacious and indecent May Tucker Patterson.
literature beg leave to make their first report, as BiU B-8, an Act for the relief of Reginald
follows: Clare Darrah.
1. The Committee recommend that their quorum Bill C-8) an Act for the relief of Marjie
be reduced to five (5) members.
2. The Committee recommend that it be author- Weston Frost Law.
ized to print BOO copies in English and 200 copies in Bill D-8, an Act for the relief of Carmen
French of its day to day proceedings, and that Rule Verna Garcia Copping.
100 be suspended in relation to the said printing.
Bill E-8. an Act for ,the relief of Edna Ruth
'l'he motion was agreed to. Dowsett Yqung.
MAY 13. 1952 207

. Bill F-8, an Act for the relief of Eleanor was that that was about all that was required
Mary Courtney Flannery. in our debate. I hope that the same con-
Bill G-8, an Act for the relief of Florence fidence will be entertained with respect to
(Fanny Ruth) Sacks Roitman. your efforts on the bill now before, us.
The motion was agreed: to, and' the bills Hon. Mr. Euler: Just as you treat our
were read the third time, and passed, on divorce bills.
division. Hon. Mr. Garson: The honourable senator
says he hopes that we shall treat this as we
PRIVATE BILL treat the divorce bills that come from your
THIRD READING chamber. I do not know that I would be
Hon. Mr. Stambaugh moved the third able to subscribe to that view in all cases.
reading of Bill 8-6, an Act' to incorporate the This bill) copies of which I believe have
"Hotel Mutual Insurance Company. been tabled, is quite a voluminous document.
It is a very large book indeed) I should thi11k
"The motion was agreed to, and the bill was about the size of Anthony Adverse, and
read the third time1 and passed. upon the whole for the average layman much
duller to read. But it has this in common
CRIMINAL CODE BILL with all other books-at least) so it seems
SECOND READING to me-t~at one of the important things to
On the Order: know about it is who is its author. In the
Second reading of Bill H-8. an Act respecting the present case we have not merely one author,
c~jminal law. . but a large number of them, and they are
Hon. Wishart MeL. Roberlson <Leader of all well known as competent men.
the Government) withdre\v froPl the Senate, One of the hallmarks upon which this body
to return accompanied by the Honourable and the members of the other place have to
Stuart S. Garson, Minister of- -Justice, whom deperid in considering a work is the good
he escorted to a seat in the chamber. name of the author, so perhaps you will
permit me to amplify the remarks that were
Hon. Mr. Robertson moved the second read- made yesterday by the honourable leader of
ing of the bilI. the opposition in the Senate (Han. Mr. Haig)
«'He said: Honourable senators, in line with as to the manner in which this bill came into
the intimation that I previously gave to the being.
ho'use, we have 'the pleasure and honour of The Criminal Code Revision Commission
~avh1g "th~ .Minister of Justice here today to
was ori.ginally c9mposed of the Honourable
eXIJlain this bill.
'V. M. Martin" C~"ief Justice of Saskatchewan;
Hon:. Stuart S. Ga~son (Minister 'Of Justice): J. H. G. Fauteux Q.C. then of the Quebec
Hcinourable senators, first of all I should like Bar and now the Honourable Mr. Justice
to express my appreciation of ypur having Fauteaux, of the Supreme Court at Canadaj
agreed to consent to waive your rule' requir- Mr. F. P. Varcoe, Q.C., Deputy Minister of
ing at least two day's riotice of a motion to Justice. To assist this Commission and to
move th~ second reading of a bill. Unfortun- undertake in large measure much of the
ately, I had for tomorrow anappointment of .detail, there was "appointed a committee com-
several weeks' standing that it would have posed of Mr. Robert ,Forsyth, Q.C., then with
been virtually impossible to break, 'and the the Department of Justice, and now Senior
honourable the government· leader of your County Court Judge ~t Toronto; Mr. Fernand
legislative chamber "(Hon. Mr. Robertson) Choquette, Q.C. then" of the Bar of ,Quebec,
tells me that you have very kindly made this now Mr. Jt!.stice Choquette; Mr. H. J. Wilsc;m,
afternoon available for a"n effort which Q.C. Deputy Attorney General of Alberta,
i should have been reserved until tomorrow. and Messrs. Joseph Sedgwick, Q.C., and J. J .
. pne qf the quite impo~tant reasons why Robinette, Q.C., of the Bar of Ontario. The
We in the Department of Justice' and' in the _personnel of the cqmmittee was: SUbsequently
Government decided to' avail ourselves of increased by. the appointment of Mr. W. CO
~ the services of' yoUr honourable chamber on Dunlop, Q,C., of the Nova· Scotia Barl Mr.
;. this -9ccasion was the magnificent work which H. P. Carter, Q.C., Director of Public Prosecu-
: yoti. did for us in considering the Bankr"uptcy tions of Newfoundland and Mr. T. D.
I Bill of 1949, and which I, as the minister in
MacDonald, Q.C., who prior' to succeeding
~harg~'o{ that bill in'the House of Commons, Judge Forsyth in the Department of Justice
am 'Confident did much more than 'cut our was Deputy Attorney General of Nova 'Scotia;
'task in that house in two; I should think The work of the commission and the com-
It probably reduced it by about 90 per cent. mittee was commehced in 1949 and continued
When '·that bill came there with your until September, 19QO, when there was a
:imprimatur upon it, the impression we ~ad reorganization, and the work from that time
55708-15
208 SENATE

on was carried on by a committee which was reference. The work involved was arduous
subsequently appointed a commission, and and required great care.· I am sure that
was instructed to prepare a draft bill for the honourable senators will agree that the com~
consideration of the government. mission have performed their work in an
The commission, in accordance with their admirabl.e way.
instructions, prepared the draft bill which I The report which was tabl~d deals with
tabled in the House of Commons along with the number of meetings which were held and
their report on April 7, and which my col- points out certain matters to which the com-
league, the honourable government leader in mission felt attention should be drawn. It
this house, has tabled in the Senate. is not my intention to review the report of
The bill now 'before you is a redraft of the the commission, but to deal with the bill as
commission's draft containing changes in a whole, pointing out general -matters as
sOme minor respects made by the Depart- well as certain specific matters which are !
ment at' Justice, under lnstructions of the thought to be of importance. It is neither I
government. In the preparation of their appropriate nor possible for me to deal wJth
draft bill) the commission had, of course, the every matter in which there has been chanKej
benefit of the work already done, and their so I shall confine my remarks to those things
draft bill can be said to give effect in large which can be considered of major importance.
measure to the views of all groups engaged I therefore propose ·to. deal with the bill
in the work from the time it was commenced under the following heads:
at the beginning of 1949. (a) Matters of a general nature.
The terms under which the commission (b) Changes in SUbstantive law.
were asked to. enter upon the last phase of (c) Procedure:
the work, namely, the preparation of their (1) Indictable offences-
draft bill, were as follows: .
CD Extension of jurisdiction of
(a) revise ambiguous and unclear provi- magistrates;
sions; GD Method of election;
(b) adopt uniform language throughout; GiD Sentences.
(c) eliminate inconsistencies; legal anomal- (2) Summary conviction offences-
ies or defects; (i) Inclusion of more than one
Cd) rearrange provisions and Parts; offence in an information;
(e) seek to simplify by omitting and com- GD Appeal to be on evidence.
bining provisions; Under the general heading I shall deal first
(f) with the approval of the Statute Revi- with the matter of rearrangement and con-
sion Commission, omit provisions which solidation. I have pointed out that the
shOUld be transferred to other statutes; commission were not cha·rged with the task
(g) endeavour to make the Code exhaustive of making changes in broad principle~, but
of the criminal law; and were asked to evolve as simple a Code as
(h) effect such procedural amendments as possible, and in doing so to· mak~ such
are deemed necessary for ,the speedy and fair consolidation and rearrangement as was
enforcement of the criminal law. thought necessary to the accomplishment of
The main principle of -this bill which we this end.
are now discussing on second reading, is that Honourable senators wiII have observed
the Criminal Code of 1892, which has been that there has been considerable consolida-
in existence for 60 years without having had tion and rearrangement. This phase of the
any major review and overhaUl, should now work has contributed to the marked reduction
be revised and consolidated. in the number of sections in the bill as com-
pared with the number of sections contained
The wisdom, and indeed the hecessity for
this step are so obvious that I shall not in the present Code. It is obvious that this
detain- the honourable senators with any feature of the work of the commission will,
prove of great advantage to tnose who are
justiflcation of it.
called upon to interpr~t and administer the ,
Honourable senators will note that under criminal law; and as a noteworthy example I:'
the terms of reference the purpose of the of this branch of the work I would direct '
revision was not to effect changes in broad
principles, but was to evolve as simple a Code
as possible by the elimination ot unnecessary
~I~~t~~n;~~c~f ~~:o::~O\~d~~~~tO:l~ t~a~:~! i
providing for the calling of witnesses in aU
or obsolete provisions, the correction of errors proceedings to which the Act applies.
and the removal ot inconsistencies, and to I would like now to deal with the extent
effect such consolidation and rearrangement to which the present bill is exhaustive of the'
~s was deemed necessary to facilitate criminal law.
MAY 13, 1952 209

Unde- the terms of reference the commis~ In introducing the Code of 1892, Sir John
sion were asked to endeavour to make the Thompson made this observation:
Criminal Code exhaustive of the criminal The present bill aims at a codification of both
law. The commission, however, as they went common and statutory law; but it does not aim at
completely superseding the common law, while it
on with their task, came to the conclusion does aim at completely superseding the statutory
that the Code should be exhaustive in so far law relating to cr1mes,
only .-8.S criminal offences are concerned) and The point I am making is that the statute
· that the criminal law of Eng18nd, as presently law -\vhich the Code of 1892 aimed to super-
ill force in Canada, shouLd be continued in
sede already included much of what had
respect of other matters; inter .alia, pro- theretofore been the common law.
cedure, matters of defence and rules of evi-
dence not already codified. The result is that, Bearing in mind the En~lish statutes of
in so far as the common- J.aw may now have 1861 and Canadian statutes of 1869, which had
· effect in Can-ad-a, no change has been made been passed, it is clear that even before the
other than to preclude the institution of pro- Canadian Code was passed in 1892 there had
c;:.eedings for common law offences. In other been extensive codification of the criminal
words, once this hill has been made law, any law; 2nd that therefore the number of com~
Information that may be laid will have to be mon law offences to which resort would be .
laid for an offence which is defined as such had after the Canadian Code was passed
In the Criminal Code. It will not be possible, would not be great. The Martin Commission
as it p.ow is, to lay an information against an has found, after consultation With the prov-
accused for .offences in respect of those ma t- inces, that resort has'been had -to common law
tel's which are not covered by our Code. offences in a very limited number of cases,
and the commission have incorporated in
, In case there may be some apprehension
about this change, namely abolishing com- their draft bill those common law offences
which the experience of the past sixty years
mon law .offences, let me touch brief,ly on has shown should be continued as part of the
the relevant history of the Code and the pre-
criminal law of this country. Having regard
cautions taken by the Comm-ission. >to the fact that before the Code of 1892 a
The English draft Code of 1878 is said to considerable number of common law offences
be the source of the Canadian Code of 1892. were dealt with by statute, and that there has
Perhaps I already have said that CaMda been a careful examination of the cases relat-
has had only Qne Code, namely, the Code ing to common law offences since 1892, and
which Sir John Thompson introduced in 1892, all those regarded as applicable 'incorporated
and which this present measure is to con- in the bill, it is clear that what is referred to
solidate. This 1892 Canadian Criminal Code as the abolition of common law offences in
· was based in large measure on the English th,is bill is not at all extensive; indeed its com-
draft Code of 1878-a draft which never pass is very small.
passed into law. While the EngUsh draft
- Code_ was intended to codify the criminal law I am sure honourable senators will agree
of England, the offences set out therein were that it is much more satisfactory to have those
not drawn solely from the common law. A things which constitute crimes clearly set out
great many were drawn from statutes then in in a statute, readily available to all, than to
effect, and in particular, those Acts of 1861 have to resort to ancient texts to ascertain
-which had been passed to consolidate and ,vhat conduct is criminal in this country. In
amend the criminal law of England. view of what i! have pointed out, there is
strong assurance that the draft bill contains
In Canacta, after confederation, a group of all the common law offences which· are
Acts affecting -the criminal law were passed required and that there will be no gap in
in 1a69-about twenty-three years before our our law in this respect.
Canadian Code was introduced. These Acts The commissioners in their report have
contained a great many of "the provisions of dealt at some length with punishment. There
th<i English Acts of 1861 to which I have just is just one phase of this matter with which I
re'ferred-. In introducing the Canadian Acts wish to deal at this time, and that is their
of 1869, Sir John A. Macdonald said that the recommendation to abolish both minimum
P!~mary object in introducing these -criminal punishments, and higher maximums for sub-
lav/s ;'was the ,assimilation of the whole sequent offences. The purpose of this is to
crirpinai law of the Dominion, and every con- give the court-s a wider discretion in the
isideration was- subsidiary to this. That is to imposition of punishments. It is recommended
~ay, while the Acts of 1869 were not designa~ as a general principle that all minimum
ted a Clode, they did purport to. assimihite the punishment shall be abolished and that there
Whole of the crimjna,l law of Canada as it shall be ho stated maximum for subsequent
~t09d at. that time. offences, but that the judge, on the facts of
55708-15,
210 . SENATE

the case belore rum, and within a wide dis~ It will be observed that the definition' of
cretion permitted to him under this new Code, treason has been redrawn. The effect of this
shall exercise his own judgment, and if the revis10n is, in my view, to place somewhat
accused has been guilty on more than one greater emphasis on those. phases of this
occasion of the offence charged, he shall take subject which relate to the security of the
the fact into account and punish the man state. ",
accordingly. In respect of the offences of sedition, the
In so far as minimum punishments for first Commission UJ.-cluded in the draft pill which
offences are concerned, the recommendation it submitted a definition of useditious inten~
of the Commission has not been accepted tion". No doubt the Commission was moved
in toto by the government. The instances in to do so by reason of the fact that the question
the present Code in which a minimum sen- of what constituted a "seditious intention"
tence must be imppsed on conviction for a had'recently been dealt with by the Supreme
first offence are few in number. Had the Court of Canada in Boucher v. The King
Commissioners retained· the principle of mini- (1951) S.C.R. 265.
mum punishment~, the following offences We examined. the judgments of the various
would have carrIed minimum terms in the members at the Supreme Court in that case
bill: -or, putting it in another way, th~
offences I am now going to name are the
and we came to the view that it would be'
wiser to leave that decision itself to goverrt
only ones in the present Code for which what constitutes a "seditious intention" and
minimum terms- are provIded: to have the advantage of future judicia~ prb~
Driving while intoxicated ......•........... eel, 222) nouncements as to the effect of that judg:.
Driving while abUity impaired ............. (el. 223) ment before attempting t-o reconcile and
Thefts of certain matter from the Post Office codify in a few short passages what constitutes
(cI. 298) IIseditious intention" as laid down in the
Theft of a motor car (theft of a motor car reasons for judgment in that case. Sometimes
was not carried in as a separate offence). it is difficult to cod~fy, reasons for judgment.
Robbery of the mails ...................... (el. 390)
Another ch.ange to which I feel I sh-ould
However, in view of the recommendation at this' time direct the attention of honourable
of the Commissioners, minimum. punish- senators is the creation of" a new offenc.e
ments for these offences were not continued designed to meet those cases of perjury where
in their draft bill, which is attached as an it is impossible to determine whi-ch of two
appendix to their report. sworn inconsistent statements is false. Cases
In the 'bill now before! this chamber -arise where in preliminary proceedings a
minimum ~unishments have ,been restored witness will swear to certain facts and
in respect 'Of offences relatin'g to the Post later at the trial will give contrary evidence.
Office and in respect of drunken driving or In such cases, there. cannot possibly be any
driving while ability is impaired. Upon a doubt that perjury has' been committed, in
purely pragmatic basis we think: it is better, respect of one or other of the statements.
in relation to these specific kinds of offences, However, it is impossible to establish which
to maintain the minimum penalties. As statement is false because the person test1fy~
there will "be full opportunity for. detailed ing is sometimes the only person who can
discussion in committee I will at· present establish this. It is to meet situations such ai
say only this, that while there may 'be some this that clause 116 ot the bill has been
merit in the recommendation of the Com- inserted. I would point out that this provision
mission, we think that because of their is confined to testimony on a material issue
deterrent effect,. minimum penalties should and pJ.:ovides safeguards in cases of honest
not be entirely abolished, and it is for this mistake.
i'eaSOn that we propose they should ,be In Part IV of the blll, which is the part
retained in respec~ of the offences iI have dealing with sexual offences, there is one
justrn~ntioned. . matter .to which I wish to direct attention,
I s"hould _now like· to discuss changes namely a change made in connection with the
in the .substance of la,w, and in doing offence of carnal, knowledge of girls under
so will attempt to discuss, as one can fourteen years of qge.
appropriately do on second reading, the priti- The simplest way of dealing with this
ciples of certain changes in the 'substantive matter would be to. qqote what is said by the
law which the Commissioners regarded as Commissioners in their Rep.ort at page 16 in
properly part of the task assigned to them. dealing with substantive -changes:
In accordance with rules I shall confine my One example is that under the present code on ~
remarks to such principles, and the relevant charge of rape or indecent assault. the evidence of
sections can be considered in greater detail the complainant need not be corroborated. How"
ever, a rule of practice requires the trial judge to
when the b!1l is In committee. give a warning as to the danger of convicting on
MAY 13, 1952 211
the complainant's evi~ence alone. This rule is The provision thus 'created two offences,
codified and extended to cases of carnal knowledge namely,
(clause 134) with the result that under the draft
bill c6rroboration of the evidence of the com- 1. To break a contract to supply services,
plainant is no longer required in cases of carnal and 2. To break a contract with a person who
kn,owledge.
had agreed to supply services.
It was rather anomalous that it should be Next I wish to deal with the effect of the
required in that case -and not be required, 1906 revision upon these Statutes. Before I
for example, in rape, do so, however, I should point out that the
The next matter I should like to discuss enactment of 1877 was carried forward into
is that of criminal negligence. The subject of the Code of 1892, and when certain revisions
causing death or bodily harm by criminal neg- of ,the Statutes were taking place in 1906, the
ligence is one to which the Commissioners have sections dealing with this type of contract
paid' careful attention and which they have came under consideration.
cJ.ealt with at considerable length in their re- In the 1906 revision of the statutes the
port. There is no purpose in my repeating here wording of the relevant sections was so
what has been said by the Commissioners in changed that while they purported to con-
their report, but I would like to emphasize tinue this second' offence-that is, the offence
that while a new offen-ce has been created of breaking a contract with a person who had
and a definition of criminal negligence inser- agreed to supply. services-the amended
ted.. tV-is effects really no substantive change wording left at least a grave doubt as to
whether, they did have that effect. It is to
in the law but is for the purposes of clarift- remove this doubt that the commission have
q,ation and to brj,ng the Criminal Code into recommended that clause 365 of the pre-sent
accord! with judicial interpretation. bill be enacted, so as to put the secti-on back
I now pass on to c1ause 365 of the- bill. This to its original substance, except that it now
provision dealS! with breaches of contr-acts, contains no referen-ce to the carriage of the
the result of which will endanger life, &eprive mail.
the public of essential services or prevent The Commissioners, in 'keeping with
the running of passenger or f,reight trains. Canada's status as an autonomous nation, by
clause 420 give effect to the criminal law in
May I, for a moment, touch on the history territorial waters' surrounding Canada. This
of this section. The provision ,was first clause is an adaptation -of the provisions of
~nact€;d in the Breaches of Contract Act the -Territorial Waters Jurisdiction Act of
Rassed by the Ganadian Parliament in 1877. 1878. However, in the draft bill as sub-
In, introducing the bill, Mr. Blake (later Sir mitted by the commission a limit of twelve
Edward Blake) said: miles was fixed for territorial w~ters. It
':The 'bill did not profess to deal even with a
was felt by the department and by th~ go.v-
strike, or to interference with the freedom of the ernment that this was an undue extension
employee to leave the service of his employer at for the purposes of administration -of the
any time' when his contract expired. It professed criminal law and 'that there should be no
in general terms to say that, save under specIal departure from what is generally recognized
qircumstances, breach of service was not a crime.
It professed to define certain' breaches of contract, as the limit of territorial waters under inter-
01: in ~he event of certain brea,ches of service, when 'national law, namely, three nautical miles.
they involved consequences of such moment and We have np doubt that the adoption by the
\yere connected with such results as might in the
opinion 0.1: the government, fairly be called crimes, commission 'of tp.e twelve-mile limit was for
to ,define and punish them as such. To deal with the purpose of making this bill dealing with
such a measure was an entirely different question
from such as how to avoid a breach of contract, the criminal law uniform viith the Customs
or how to treat a riot, how persons obstructing Act, which permits search of Canadian vessels
railway engines were to be treated, how persons within this limit. But in the admin'istration
who made murderous. assaults, as alleged, were to
qe treated, or how the f(ii1iHa of this country was of the Cns1qms Act the officials have the
t? be ·c.alled o~t in, aid' of the civil 'powers. ' . problem of vessels, hovering about to commit
Under the enactment of -1877, it was an a . breach of the Act, which is not usually
Offence for anyone who was under contract encountered in the administration of the
to provide light or water to a municipality or criminal law in general, and we do not ·think
who :was under contract with anyone who it necessarily follows that because there is a
had agreed to supply : such services to twelve-mile limit under the Customs' Act we
break such contract kno\ving or having reason should have the same limit under the criminal
to"believe that in doing so the inhabitants law: ' We! do not think that foreigners and
of the municipality would be deprived of light foreign ships within the twelve-mile limit
or' water. There was a similar provision should be brought within the purview of the
relatIng to railways.·· Criminal Code.
212 SENATE

Now I come to habeas ~orpus proceedings. civil procedure come under the jurisdiction of
Under the law as it stands at present, the provincial legislatures, a provincial law
although there has not been universal accept- providing f-or appeal in the case of habeas
an-ce of this, an applicant for a writ of corpus proceeding-s applied not only to civil
habeas corpus, if not successful in securip.g cases in the provincial courts but, as' pro~
the relief sought in the first instance, may cedure, applied. also to criminal matters in
make sli{!cessive applications to a single provincial courts. That had had the effect in
judge. That is, if he applies to Judge A for most cases of preventing habeas corpus appli-
a writ of habeas corpus and the judge. says cations in criminal matters from being made
"No", he may next" apply to Judge B, who from one judge to another, since it was held
may also say uNo"; and after applying to four that because of the provincial statutes an
or five other judges he finally gets, say to appeal had to be taken to the Court of
Judge F, who may say "Yes", That gives Appeal. But in the case of In re StorgoiJ the
Judge F in effect the power of an appeal court Supreme Court decided that these enact-
over his brother judges. It has been held that ments no l-onger applied to applications for
where- the statute contains a provision for an the writ where the applicant was in custody
appeal court, an applicant must avail himself as> a result of crimina,l proceedings. That is,
of ,the machinery of appeal and may not go since criminal proceedings were under the,
from judge to judg~. It was so held in In re jurisdiction of the _federal parliament, these
HaU, 9 O.A.B., 135, by Mr. Justice Patterson, provincial enactments ddd not apply to them.
at page 149:· Nevertheless, the fact that provision had been
Where an appeal is given from the court in terms made in certain provinces for an appeal in
to the Court of Appeal, the important consequence order to preclude successive applications indi-
naturally suggests itself that there be no longer
the right to apply for a writ of habeas corpus to one cates a considerable body of opinion opposed
court after another.-The intention of the legisla~ to the practice of successive applications to
ture evidently was that the remedy should be a single judge on the same facts.
worked O\1t by t~e machinery of the appeal and
that there should be no second writ allowed. The commission, as can be seen from their
report and this draft bill, were of opinion
It was further held in In re DaVis, 25 that there should not be successive applica-
D.L.R., 96, by Chief Justice Harvey of tions, but that an appeal shDuld be given to
Alberta, at page 98: the full Appellate Court, thus restoring the
The disadVantage of one judge being required practice which had obtained in certain prov-
to s1t practically in appeal from a brother judge and,
the consequent loss of dignity and respect to inces prior to the decision in In Te Storgoff
and extending the ,appellate procedure to the
judicial decisions In case of a difference of opinion,
caused our practice to be changed and now by r. 20whole of Canada. If this is done, an appU·
of the Crown Practice Rules, the decision of a
cant who feels that his application has been
judge on an application for habeas corpu.s is final,
subject only to appeal to the Appellate Division. improperly rejected by a judge will in all
In the provin-ces of Ontario, Quebec, British cases have the right of an ·appeal to the
Columbia and Alberta provision was made Appellate Court.
for an appeal, and in some instances succes- That disposes of the main changes in the
si.ve applications were prohibited unless the substantive law.
subsequent application was ba,sed on new Under the general heading of "Procedure"
f.acts. Of course, if there were a new set of I should like to deal with the consolidation
fa.cts then in a sense there was a different of Parts dealing with non~jury trials of
case. The. reason I say Hin some instances" indictable offences. In the present code,
is that in two of these provinces there was there are two Parts dealing with the non-
some difference of judicial opinion, which is jury trial of indictable offences. In the
not particularly relevant to our present dis~ bill these Parts have been consolidated and
cussion. Then a decision was rendered by the provisions of Part XVII which deal with
the Supreme Court of Canada in the case of jury trials, where they are not inconsistent,
In re Storgoif, 1945;'S.C.R., that the provincial have been made applicable. The advantage
enactments providing for -an appeal from the of this is to have uniformity in so far as
refusal of an application for habeas corpus possible in the trial of indictable offences.
did not apply to habeas corpus arising out of
criminal proceedings, as habeas corpus was Extension of Jurisdiction:
essentially a matter 'of civil law. It will be observed that under, the provi-
That had. not been the law until this case sions of the consolidated Part.s, the jurisdic~
of In re StoTgoif was decided. It had previ- tion to be exercised by Magistrates will be
ously been held, although not with complete exercised only by t.hose who are specially
uniformity, that while according to our con- appointed for that ,purpose.
stitution, -criminal matters come under the In view of this and In the expectation that
jurisdiction of parliament and matters of jurisdiction to act under this Part will :be
MAY 13,1952 213

bestowed on qualified persons, the jurisdic- It was anomalous that a person tried in a
tion to try an accused with his consent has higher court should be subject to a greater
been extended to include -certain offences penalty than a person tried by a magistrate
which must now be tried 'by jury. I would under Part XVI.
emphasize that this in no way impairs the
right of an accused to trial by jury and that Appeal by Attorney General of Canada:
the accused will continue to have the right As honourable senators know, prosecutions
to select the method of trial which he desires. under certain Dominion statutes as well as
under the Code are conducted by the Depart-
New Fonn of Elect~on: ment of Justice by arrangement with the pro~
There has been a change in the form of vincial authorities. That is to say, the
election which an accused may make. Under administration of justice-notwithstanding
the code as it now stands, a.n accused who is the designation of the federal Department of
before a Justice of the Peace is given no Justice-is a provincial function, but the pro~
election as to method of trial but the Justice visions of certain statutes are enforced by
is- empowered to hold only -a preliminary the federal Department of Justice after first
hearing. Provision is made in the revision making arrang~ments with the provincial
whereby the Justice, if he decides that a authorities. In such cases, the provincial
case for committal is made out, will then authorities take no part in -the trial. It was
require the accused to elect for trial by a the view of the commission that in such cases
judge sitting without a jury or by a judge the Attorney General of Canada should have
andl jury. the same rights of appeal as those possessed
by provincial Attorneys General and a pro-
Where an accu;:ed is before a magistrate, vision has been inserted 'to this effect
he may now elect for trial either before a (clause 601). '
magistrate or before a judge and jury. Under
Summary Convictions:
the Bill, the election will be for trial before
either a magistrate, a 'judge without a jury The principal matters to which I wish to
Or a judge and jury, and he makes his direct attention in respect of changes in pro-
choice. cedure in summary conviction offences are
the following: '
Put briefly, the change effected by the
new form of election is that an accused (a) Inclusion of more -than one offence in
when -in the ipolice court will be given an an information. Under the Bill, provision is
opportunity to elect -trial by a judge alone made for the inclusion of more than one
offence in an information. This is not an
.if ~hat is the 'method of trial he prefers. innovation. Similar provision will be found
I would point out that the -right of an in both dominion and provincial Acts and the
accused who has elected trial by jury to re~ practice was widely adopted in connection
elect for trial by a ·judge alone, which now with wartime regulations. As a proper safe~
exists, has been continued-that is to say, guard, it will be noted ·that power is given
under law as it stands at the present time the court to order a separate trial on anyone
or more of the included charges if the court
an "accused who 'has 'been committed for is of opinion that such a course is necessary
trial may elect trial by jury, ,but if later on- in the interest of justice.
f,or one Teason or another he desires to
(b) Appeal to be on Evidence. Under the
change his election to trial by a judge alone, present provisions of ,the Code where an
he may exercise that right. Under the appeal is taken in a summary conviction
amendment such a right of re-election i~ matter, the court must hold a 'new trial or as
maintained. the lawyer calls it a trial de novo. The
practice has grown up among certain shrewd
Sentences: lawyers of not putting in any evidence for the
Under the present Part XVI, which deals defence at a first _trial; then being familiar
with summary trials by magistrates, of indict- with the Crown's case, an appeal is launched
able offences, there are' special provisions and'the case is tried de novo. Having heard
relating .to. sentences' in respect of those the Crown's case such a law'ye:r is in a posi-
~ffen,ces over which a magistrate has absolute tion to bring in his evidence, and it is some-
jurisdiction. times thought that acquittals are so won
Upder the revision, these special provisions which are not warranted.
h,av~ been abolished and the sentences which Hon. Mr. Euler: Disgraceful.
rnay b~ imposed for these offences will be Hon. Mr. Garson: The commissioners have
~he same as those which may _be imposed in recommended that in future the appeal should
any other court. be determined on the evidence taken in the
214 SENATE

court of first instance as in the case of be considered by itself as we went along:


more serious indictable offences. In order most of the sections would be' read and
that the court will have before it all essen- passed without debate. "I de not markedly
tial evidence, authority is given to hear addi- disagree with the Minister of Justice. This is
tional witnesses .as well as witnesses called not the first time that I have sat with the
on the trial. It would appear that this is honourable gentleman in a legislative assem-
a proper change as it seems an unnecessary bly. For eight years we occupied seats oppo-"
duplication to have witnesses called to give site each ether in another place, so that" his
the same evidence on two separate occas- voice and manner are not unfamiliar to me. I
ions in respect of the same issue. offer him my cong-ratulations; personally I
Before leaving this branch of the bill, I -am delighted to see him here;
should point out that the summary trials I would n-ot withhold for some poor fellow
part and the part relating to summary con- accused ef an offence the right to' a ,trial
viction offences were submitted to provincial de novo if he has been before a certain magis-
representatives at a joint meeting held in trate or hi certain courts. From my experi-
Toronto in September last. These parts were ence with some magistrates, and with due
discussed section by section, and the com- respect to them, I would say that" were I
mission in its report points out that in gen· charged. with an offence, I would rather take,
eral the revision of these parts \vas acceptable my chances in" a higher court thaIi ,before
to the provincial representatives. them in the court below. However, that is
In closing, there is one general observation a detail. My point is that the house should-
I would _like to make. In opening I pointed send this bill to committee in order to- under-
out that the revision was not undertaken stand it better.
for the purpose of effecting changes in broad The minister made a very flne presentation
principles. Our system of criminal jurispru- this afternoon. Although-myself a lawyer of
dence embodying as it does the high prin- sorts, it kept me busy to follow all the changes
ciples of the British system provides as fair he proposes, and _I think it must have been
and just a system as 'it is possible to devise
to ensure that justice will be accorded to very difficult for 19-ymen to" underst'J,nd the
significance of them all. I shall not repeat what
all. I am" sure that those who have studied I said yesterday, but if a certain gentleman-
the Bill will agree that the Commission in
its work, and the bill now before you, honour- the minister knows to whom I refer-or
able sen~tors, have maintained those prin- someone as well qualified were available to
ciples. the committee, we would gain a much Clearer
understa,nd-ing "of this bill. The man I have
Some Hon. Senators: I-{ear, hear. in mind is really experienced in this "matter.
Hon. John T~; Haig: H~nourable members, One cannot serve ten years in a city police
it is not my intentiQll to adjourn the debate. court without getting a pretty godd idea of
I have had the good fortune to have an the ramific"atidns of the criminal law. So I
op~ortul).itY to read the memoranda which the suggest that he ;be allowed to meet the com-'
commissioners sent with their bill, and the mittee; then we can have a discussion, and
HonQurable Minister of Justice has commented when the bill is" reported' to the house ,all of
extensive~y on th~t infoqnation. us will have a better understanding of it." Fur-
I propose to repeat somewhat my remarks ther, if I am not in agreement with some deci-
of "last night, in that I think there is nothing "to sion of th,e cOPlmittee, I want" to be free on
be gained by a long discu"ssion on the bill third· rea-ding to raise such objections as I
in this house. It is a type of measure that se~ fit. By voting today for second- reading
is better handled in c-ommittee, where hou-our- of the bili I -a"m not to be understood as
able senators may" have a free and" frank confirming" H. I think that all of us need
discussicin 'of its prOVisions. The memoranda more information, and that a better job can
a'ccorripanying the biU give a very clear expo- be done in committee.
sition of v;hat is intended by the amend- I thank the- minister for his references
ments. I did not have"to attend the Divorce to the Bankruptcy Act. He might also have
Committee this morning, so I spent a good"
mentioned the incom-e tax law, on which some
deal of time going over the material before us.
I checked ,,!-P on some o,f the changes and, with of us have very definite opinions.
respect, I say to the honourable minister In conclusion, I am "persuaded that if we
tha"t I am not sure that I agree with his do a good job in connection with the present
views. But as I am not" an outstanding bill, members of the House of Commons, no
lawyer, it may well be that the commission matter how they may talk "about the Senate
is right and, I am wrong. when they are away from Parliament Hill,
"" To study the bill in committee would help when inside thi-s building will admit that we
us .to understand it better! each clause could are a pretty fine class of people."
MAY 13,1952 215

Hon. Thomas Reid: May I" be permitted we would want to do that. If we have
to ask the minister a question? During his enlarged our jurisdiction in connection with
'speeoh he said, something about territorial fisheries or customs, the only reason is In
waters and the jurisdiction relating thereto. order to deal with the practical problems
He spoke .of the twelve~mile limit as it which aDise in relation to both these matters.
relates to customs law enforcement, -and also Han. Mr. Hayden: May I ask the honourable
referred to the three.:..mile limit. In view minister a question, as unfortunately I was
of the fact that international la'w knows not here during the whole of his speech.
nothing of the three-mile limit, or ,territorial Did he deal with the question of a new
w.aters, has the commission glven considera w
definition of criminal negligence?
tion to the idea of extending our territorial
waters and so protecting our fisheries? Han. Mr. Garson: Yes.
. Hon. Mr. Garson: Honourable senators, I Hon. Mr. Hayden: By what process of logic
think the answer is, that what· is meant by and reasoning has he finally evolved the
t'territorial waters" is' determined to a con- present definition?
'slderable extent by the subject-matter with Han. Mr. Garson: Well, honourable sena-
-\vhleh you are linking it. Let me take as tors, I cannot plead guilty to having defined
an example, in order to make my explanation it. It was defined by the commission, and
as brief as possible, the criminal laws of after consideration of their commission we
the United States and of all the various mem- adopted it, and I think it can be defended.
b'ers of the British Commonwealth retain Han. Mr. Hayden: As I read clause 191,
this three-mile limit. When you get into Mr. Minister, it purport.s to define criminal
customs administration you must have regard negligence as follows:-
to .the fact that you are dealing with a new (1) Everyone is criminally negligent who shows
8et:·of practical problems, problems of ves- a wanton or reckless disregard for the lives or
qels hovering off the coast, waiting until safety· of other persens
darkness falls in order to start their criminal (a) by doing anything, or
(b) by omitting to do anything that it is his
activities; and the same sort of practical duty to do.
problems arise when you are dealing with (2) For the purposes of this section, "duty"
questions of fisheries. One of the most recent means
judgments of the International Court at the (a) a duty imposed by law. or
(b) a duty for the breach of which a person
Hague -had to do with the question of Nor- may be found liable in civil proceedings.
wegian territorial waters. The report is not
yet available, but an article upon it has been It strikes me that if I am required to do
written by Professor Lauterpacht, a member something on the civil side of the law,. and
. of the staff of one of the British universities, I fail to do it. and I can be sued for damages,
who has analysed and surpmarlsed this judg- that would appear to be made one of the
ment. dne has only to read his article to see elements in the constitution of "criminal
that the judgment deals with the question of negligence" as defined in section 191. Now,
territorial waters "in connection with an is that intended?
entirely different matter, namely Norwegian Han. Mr. Garson: I think it would help
fisheries, wherein the conformation of their if I were to repeat what I said on this sub-
coastline and. their fiords, the places in the ject when my honourable friend was not
ocean where fish are to be found, and similar present. It was this: The subject of causing
considerations play their part, and the law death or bodily harm by criminal negligence
in such a case is not a very satisfactory guide is one to which the commissioners have paid
to What we should enact in our· Canadian careful attention and which· they have dealt
Criminal Code. So far as the disposition with at considerable length· in their report.
cif \the matter before.· us is concerned, it There is no purpose. in my repea Hng here
rel~tes only to the criminal law. One of the what has been said by the .commissioners in
problems with which· we had to concern their report, but I would like to emphasize-
ourselves was the consequences of asserting and I. think this, answers my honourable
~urisdiction over a foreign ship within the friend's question...,.,...that while a new offence
twelve-mile but beyond thethree-mlle limit. has b·een created and a definition of criminal
SUpposing it is a Norwegian ship, with a negligence inserted, this effects really no
Norwegian captain and crew, sailing under the SUbstantive change in the law but is for the
Norwegian flag: are we to say that it is the purposes of clarification and to .brin.g the
responsibility of -the Mounted Police or -any Criminal .Code into accord with judical
other ··Canadian police or of the Cana- interpretation.
dian courts, if a murder is committed In other words, if the view of the com-
on that. ship While. it is within those mission and of the Department of Justice is
nine . "miles of water, to bring the right, and I think it iS I we have done nothing
murderer to' justice? I· do ·not think more in this than to state what is now
66708-16
216 SENATE

established as the law by our jurisprudence; opposite (Han. Mr. Haig) in thanking my
in other words, to codify the legal decisions colleague, the Minister of Justice (Han. Mti.
upon this point. I think that will become Garson) for having given us such an inter.
apparent when it is discussed in detail in esting exposition of this biU on the motion
committee. If my honourable friend wanted for second reading. Of course, my prime
to go into it we could supply the whole list object in life is to expedite the passing of
of decisions \vhich brought us to this legislation. I suppose, therefore, J should
conclusion.- welcome the suggestion made by the hart:..
With reference to the specific question as ourable leader opposite, that second reading
to whether the mere breach of a duty in be given to this measure today. At the
itself would constitute criminal negligence, I same time I should point out that one hon..
would be very much surprised if there are ourable senator who was unable to attend
any decisions to that effect, or if the proper today was assured that this legislation wqUld
interpretation of the section which the hon- not be given second reading this afternoon.
ourable senator has read is to that effect. As I qo not know \vhether th~s honourable
I have alway-s understood, and I am sure gentleman, who has always taken an active
my honourable friend agrees with me, the interest in matters of this kind, may wish
breach of a duty in1posed is negligence; but to say something on the second reading
whether coupled wIth all of the other circurp.- or nqt, but· in fairness to him I would be
stan-ces in the case it proves a wanton and
reluctant to have the debate closed at this
criminal negligence is a questioh of fact, to be time. Unfortunately I was unable to supply
determined upon the facts of the case before
the court. I think that is the only answer I copies of this bill before honourable sena-
can give to my hon'ourable friend at this tors came to the chamber today.
time. I do not altogether agree with his Hon. Mr. Aseltine: 'Will we have copies
point but it is properly taken, and I would tomorrow?
be glad to go into it in committee. Hon. Mr. Robertson: There are twenty
Hon. Mr. Hayden: I am not quarrelling copies available now, and I think additional
with your ,statement of the law, but I am ones will come to us progressively. It is
wondering whether section 191 is drafted in a merely a question of getting them printed,
way which reflects that. and I shall certainly see that members get
Hon. Mr. Garson: It Is thought by the com- them as soon as possible. In case any hort..
mission that it does that, and by our depart- ourable senator decides to speak on the'sec-
mental and parliamentary draftsmen, to ond reading of the bill, I am going to sug;.
whom my' honourabie friend the leader gest to my deputy whip that he adjourn the
opposite (Han. Mr. Haig) was referring in debate.
such 'glowing terins"a few moments ago. It
is possible that they may be wrong, and if Hon. Mr. Taylor: Honourable senators, I
they are, we could correCt this in committee. move the adjournment of the debate. '
One of the reasons this matter is being con- The motion was agreed to.
sidered. by the Senate· is that this body can
make corrections of that sort. CANADA DAIRY PRODUCTS BILL
Hon. Mr. McDonald: Do I understand the SECOND 'READING
honourable gentleman to say that' he will On the Order:
be available at our committee meetings?
Resuming the adjourned debate on the moti9n ~J,'
Hon. Mr. Garson: Yes. the second reading of Eill B, an act to amend tq~
Canada Dairy Products Act.
Hon. Mr. McDonald: Are th~ sections that
are new so marked for st~dy purposes? Hon. Mr., Robertson: Honourable senators,
Hon. Mr. Garson: We shall have, for the as I stated last night, I shall not be in a
purposes of the" committee, a list of all the position to tak~ part in this debate befor~
sections which have been discontinued and tomorrow at the earliest. I have been desir:-
dropped, all those in respect of which sub- ous of consulting my. colleagues about the
stantive changes have been made, all of matter, but there has been no meeting of
those :which have been changed as to word- the government for the last few daysJ and
ing witho.ut change as to substance, and all at present the Prime Minister is; ~way. I
of those which are carried into the new bill hop'e, however, to hav~ a consultation tomor-
in their identical form. By using these means row and to make my little contribution to
one can move right through the bill and the debate in the afternoon. I therefore ask
know exactly what has. happened to every that the order stand.
sect.ion .itt the present l<l:w. The Hon. the Speaker: The Or<;ier stands: .
Hon. Wishart MeL; Robertson: Honourable The Senate adjourned. until tomorrow at
senators, I wish to join with the leader 3 p.m.
MAY 14, 1952 217

THE SENATE Hon. Mr. Robertson: Honourable senators


will recall that yesterday I suggested that the
deputy whip might adjourn the debate .in
Wednesday, May 14, 1952 order to provide an opportunity for any
honourable member who might wish to speak
The Senate met at 3 p.m., the Speakel' in -to this motion.
'the Chair.
Hon. Arthur W. Roebuck: Honourable sena-
Prayers and routine ,proceedings. tors, I was unable to be -present yesterday,
and naturally might be expected to be heard
PRIVATE BILL fr,om in a matter of this kind. Therefore, in
REpORT OF COMMITTEE the first instance, I thank the honourable
Hon. A.' K. Hugessen presented the report leader for having held the debate open until
ot the Standing Committee on Miscellaneous I -could say a few word-s, notwithstanding that
Communications on Bill R-6, an Act respect~ there seems at this time very little to be
ing The 'Burrard Inlet Tunnel and Bridge said.
Company. ':I'he bill comes to us at a very late hour, f-or
He said: Honourable senators, the com- it is a very large bill, and, did anybody
mittee have, in obedience to the order of imagine that oui· giving it second reading
'reference of May 6, 1952, examined the said would be taken as approval of the bill, I
bill, and now beg leave to report the same should strongly object. But I do not so
without any amendment. understand the procedure. I ·have had an
opportunity of reading :what was said ,by the
PRIVATE BILL cornmissioners in their repo~·t, whi-ch was dis~
REPORT OF COMMITTEE tributed to us two or three days ago, -but I am
. Hon. Paul H. Bouffard presented the report sorry that I was not able to hear the remarks
of the Standing Committee' on Miscellaneous made yesterday by {he Minister of Justice.
';Private Bills on Bill E-7, an Act respecting However, this morning-though not until
,.-1).e Sisters of Charity of the House of Provi- twelve 'o'clock-I obtained in Hansard a copy
4ence. . of his speech. The bill itself, which is a
. He said: Honourable senators, the com- document of approximately 300 pages, and
mIttee have, in obedience to the order of which by the way I borrowed from the
reference.. of MaY.8, 1952, examined the said Clerk, reached my desk at about 12.30 this
pill, ~nd now ,beg leave to report the same afternoon.' So the opportunity of reading
~ithout any amendment.
300 pages has been hil.
I appreciate the statement ma,de here yester~
PRIVATE BILL day by the Minister. The point about the
REPORT OF COMMITTEE bill~ as I see it, is that it is not a recasting

Hon. Paul H. Bouffard. Chairman of the of the criminal law. The instructions to the
Standing Committee on'Miscellaneous Private -commissioners were to revise the expression
Bills, presented the report of the 'Committee of the law only. It is not a new criminal
on Bill G-7, an Act respecting a certain patent law which is being enacted, but only a new
application of the Garrett Corporation. enactment of the old criminal law .. It is true
that you -cannot <:hange the phraseology' of
'He said·: Honourable senators, the commit-· a section of the Code without changirig' the
tee· have, in obedience to the order of refer- meaning to some degree, though not neces-
ence of May 8, 1952, examined the said bill sarily drastically. And while of course· the
and now beg leave to report the same without 'bill does change the criminal law to some
any amendment. extent, that is not the main purpose of the
measure. Its main purpose is to rearrange the
PRIVATE, BILL C-ode so as to make it more readily readable
FIRST. RE~DING or clearlY understood .. As :stated ,by the Min-
_ .~op. J. G. Fogo moved the first reading ister here yesterday, the instructions given
of Bill 1-8, an Act to incorporate The National to the -commissioners were to:
Dental Examining Board of Canada. (a) revise ambiguous and· unclear. pro~i­
T~e bill was read -the first time. sians;
.(b) adopt uniform language throughout;
CRIMINAL CODE ,BILL (c) eliminate inconsistencies, legal anoma-
SECOND READING lies or defects;
On the Order: (d) rearrange provisions and Parts;
Resuming the adjourned deb~t,e on the motion
for the second reading of BiB H.S, an Act respect- (e) seek to simplify by omitting and com~
ing the Criminal Law. bining provis~ons;
55708-16.
218 SENATE

(f) with the "llproval of the Statute Revision because {he felt that all honourable members
C-qmmisslon, omit. provisions which should should have an opportunity of speaking to
be transferred,·"to other statutes; the measure. That. is why I conclude that
(g) endeavour to tnake the Code exhaustive the .consent of .the house given for yesterday
of the criminal law; and is still in effect.~
,) .
(h) effect such procedural amendments as Hon. Mr. Vienl Mr. Speaker, I of cOl1rse
are deemed necessary for the speedy and! fair do not want to appeal from Your Honour's
enforcement of the criminal law. decision, but I feel that the honourable
Honourable senators will observe that there leader would be well advised not to insist.
is no authority given to the commissioners to on proceeding with the debate today, but·
change the criminal law as such or to pro- to allow it. to stand untn Tuesday next.
vide the Dominion of Canada' with a new Hon. Mr. Roebuck: Honourable 'senators,
criminal law. Only the expression of the let me say that I have no objection at. aU
law is under review. That is a -matter of great to suspendin!$ what I have to say. until later,
detail. if the Senate so decrees.
Hon. Mr. Nicol: Mr. Speaker, I should like Hon. Mr. Robertson: May I interject a
to rise on a point of order. I -have asked for remark at this juncture, lest anything my
a copy of the bill now being discussed and honourable friend has said as to my insisting
have hot receiv"ed one. I do not know why on the debate being proceeded with today be
we allow bills to be discussed in this house misunderstood.' That is quite contrary to the
before copies have been distributed. fact: I intervened yesterday to prevent the
The Hon. fhe Speaker: I would point out bill from re.ceiving second reading, though all
to the honourable senator that it is with the honourable senators present were apparently
leave of the Senate that the debate is pro- agreeable to such a step being taken. I said
ceeding when only a limited ,number of at the outset of the. sitting that only twenty
copi~s have been distributed. I understand copies of the bill were. available. I' had
that the consent of the house given to proceed hoped that by tod;'1y more copies would b~
yesterday continues today. on hand. but I am now advised that they will
not reach us until tomorrow morning:
Hon. Mr. Vien: Mr. Speaker, on the point Entrusted as I am with the responsibility
of order. It is quite correct to say that leave of the leadership of the. house, I am interesteq ,
was given to 'procee'd with the debate on in seeing the legislation proceed as rapidly
second reading yesterday in order to enable and conveniently as possible, and rather than
the Minister to explain the bill; however, it postpone this measure until next week, when
does not follow that we should continue another substantial revision is to come before
to debate today Without every senator paving us, I think we should proceed tomorrow,
a copy of the. measu:.;e before him, as requir~ when the senator from Toronto-Trinity can
by the rules of the house. Further, inasmuch conclude his remarks, If it is desired that
as there is a report of the commissioners my honourable friend continue at this time~
available, that report also should be in the that would be quite acceptable to' me. But
hands of honourable senators. It is not I think we should proceed with the disc:us~
possible to follow intelligently what is being sian tomorrow, and Friday if necessary, in
said in this debate without the measure b~ing order to get the bill into committee as rapidly I
before us. I . very strongly support the as possible, Certainly I am not urging that .
honourable senator's point of order. it be dealt with until copies are in the hands
On the remarks made by Your Honour, I of every hon-ourable senator.
would suggest· that extending the consent
of the house· to allow the continuation of the Hon. Mr. Haigt Honourable members, I
debate today would be going beyond our want to support His Honour the Speaker in
understanding of what happened yesterday the stand he takes. The house consented,
when the minister had leave to e",plain the upon the understanding mentioned, to proceed
bill. I do not believe that could be con- with debate on the second reading, and that
strued as consent to the debate continuing consent will stand until the motion for second.
without copies of the bill having been dis- reading has been put. Like the honouraple
tributed. government leader (Hon. Mr. Robertson) I
The Hon. fhe Speaker: In answer to the am not only willing but delighted that every-
op'servatlons of the honourable senator, I may body shall have an opportunity to be heard.
sa'y'that leave of the Senate was given, and
Of course. as my honourable friend from
at first it seemed that second reading would
take place yesterday. However at the end Bedford (Han, Mr. Nicol) was not here yes~
of the sitting the honourable leader of the terday, he had no opportunity of knowing .
government did not insist op, second reading. the factS.
MAY 14. 1952 219

-Hon. Mr. Nicol: [ did not ask to "be heard. P);UNTING OF' COMMtSSION'S REPORT
Tasked to have a copy of~the bill. Without Han. Mr,• .Rob~rtson: Honourable senators,
it, should' we be expected to agree- to second as I' said before, ,I have no desire to have
reading? the discussion on second reading curtailed
Hon. Mr. Haig: Unfortunately, my honour- or to have it -carried on without the fullest
able friend was not here. Had he been here facilities. What I said about the 'availabilty
lie could have objected, but in this house one of copies of the bill tomorrow is in accord~
cannot object in absentia. I support the ance with my best information. If copies
stand" of the honourable the Speaker. My aTe not' ready by then, I shall have to act
understanding is that the consent ran to the accordingly.
second reading, but that after second reading One point has been brought .to my atten-
cqpies of the bill must be in our hands or a tion by the Assistant Clerk. What I said
new consent wll1 be required. referred to the bill itse1f. I am advised that
no more copies of' the report of the Com~
Hon. T. A. Crerar: Honourable senators, it mission are obtainable. Consequently, with
seems to me that the suggestion· of our col- leave of the Senate, I move that the
league from Bedford (Hon. Mr. Nicol) is a Corrimission's'report be iprinted as an appen-
verY reasonable one. We went ahead yester- dix to our OfficiaL Report of Debates J so
day with the consideration of second reading that it will be available to .anyone who would
for· a special reason, namely, that we were
like to see it.
told that the Minister of Justice, whom it was
desired-quite rightly-should .come before us Han. Mr. Davis: 1 assume that the motion
to ~xplain the measure, would not be able to of the honourable member from Toronto~
attend later ,this week. We therefore waived Trinity (Hon. Mr. Roebuck> to adjourn the
the ordinary requirement that when second debate will protect him in his right to speak
r~ading of a bill is moved copies of the bill again.
should be before us. ;gut I do not think that Hon. Mr. Robertson: Yes.
that agreement was intended to· continue
Indefinitely. Han. Mr. Crerar: He adjou~'ned the debate. ~ I

I confess I do not know very much about The motion of Hon. Mr. Robertson was
the Code. I listened yesterday to a very agreed to.
interesting exposition of the legislation.
Apparently there is attached to it a memoran- CANADA DAIRY PRODUCTS BILL
dum in which the commission entrusted with SECOND READING
the revision explains its reasons for the pro- The Senate resumed from Monday, May
posals; I think we should have at least some 12, the adjourned debate on the motion of
opportunity df looking over that document Han. Mr. Euler for the second reading of
arid the text of the bill before we get into a Bill B, an Act to amend the Canada Dairy
general discussion. My honourable friend P.roducts Act.
from Toronto~Trinity (Hon. Mr. Roebuck) Hon. Wishart MeL. Robertson: Honourable
will, I have.no'doubt, make a'very useful con~ senators, on several occasions I have moved
t~ibution ·to the deb'ate. Others also may do the adjournment of this very interesting
so. 'As far as I am concerned I am in com~ debate, ·chiefly for the reason that, aside
plete ignorance, except in a very general way, from any opinions of my own, it is mY.duty
of what we ar~ talking about; and I would to reflect as far as possihle the views of my
suggest that this discussion be held over until" -colleagues in the government. The question
we have had an opportunity of familiarizing raised is an important one, because it in.~
our~elves with the bill and the memorandum volves legislation which I introduced in the
tp.a~ accompanies it. ,first session of last year.
. ·Hon. Mr. Roebuck: As r understand it, the . \l communicated to my colleagues the inter~
stand-an entirely reasonable one-taken by est which has been aroused in this matter,
the 'honourable senator from Bedford (Hon.' and took occasion to emphasize my feeling of
Mr. Nicol) is that he is not in a position to inability to deal with the great variety of
even' hear a debate until the bill is before questions raised both as to matters of policy
him; 'and in view :of what has been said by and' to leg'al aspects, as fully and .saUsfa-ctorily
the honourable member' for Churchill (Hon. as the house might reasonably expect. This
Mr.. Crerar) and by the leader, I move the handicap is not a new one so far as I am con-
adjournment of the debate. cerned, and I do not doubt that it will be
:. The motion was agreed to, and the debate evidenced irom time to time in future.
'Was 'adjourned. Although at times I have called upon some
MAY 15, 1952 269

THE SENATE The report was read by the Clerk Assistant


as follows:
The Standing Committee on Banking and Com-
merce, to whom was referred Bill V-6, an Act to
Thursday, May 15, 1952 :Incorporate the Great Eastern Insurance Company,
have in obedience to the order of reference of
The Senate met at 3 p.m., the Speaker in May 6, 1952, examined the said bill and now beg
the Chair. leave. to report the same without any amendment.

Prayers and routine proceedings. The Hon. the Speaker: Honourable senators,
when shall this biU be read the third time?
DIVORCE BILLS Hon. Mr. Dupuis: Next sitting.
FIRST READrnGS
PRIVATE BILL
Hon. W. M. Aseliine. Chairman of the
REPORT OF COMMITTEE
Standing Committee on Divorce, presented
the following bills: ' Hon. Mr. Nicol presented the report of the
Bill J -8, an Act for the relief of William Standing Committee on Banking and Com~
Wallace Watson. merce on Bill D-7, an Act respecting the
Economical Mutual Fire Insurance Company.
Bill K-8, an Act for the rellef of Russell
James Barrett. The report was read by the CLerk Assistant
Bill L-8) an Act for the relief of Alice as follows:
Sabrla O'Connor Muskett. The Standing Committee on Banking and Com-
merce. to whom was referred Em D-7, an Act
Bill M-8, an Act for the relief of Julia respecting the Economical Mutual Fire Insurance
Emma Pearl Sager Noiseux. have in obedience to the order of reference of
May 7, 1952, examined the said bill and now beg
Bill N-8, an Act for the relief .of David lC!aVe to report the same without any amendment.
Gilmore Bennett. The Hon. the Speaker: Honourable senators,
Bill 0-8, an Act for the relief <of Kathleen when shall this bill be read the third time?
Hilda Turk Woodall.
Hon. Mr. Euler: Next Tuesqay.
Bill P-8, an Act for 1he -relief of Mary
Elizabeth Cate Lowe. PRIVATE BILL
Bill Q-8, ·an Act for the relief of Aldea THIRD READING
Gendreau Bourbonnais.
Bill R-8, an Act for the relief of Peter Hon. S. S. McKeen moved the third reading
Ernest Walker. of Bill R-6, an Act respecting the Burrard
Inlet Tunnel and Bridge Company.
. Bill 8-8, an Act for the relief of Dorothy
Agnes Kearns Bradley, The motion was agreed to, and the biU was
Bill T-8, an Act for the relief of Sarah read the third time, and passed.
Bernstein Smith.
PRIVATE BILL
."Bill U -8~ an Act for the relief of Margaret
Gladys Redman Glassco. THIRD READING
Bill V-8, -an Act for the relief of Louise .Hon. Mr. Duffus moved .the third reading
Joslyn Smith Harvey-Jellie. of Bill E-7, an Act respecting the Sisters of
Bill W -8, an Act for the relief of Bertha Charity of the House of Providence.
Naujoks Stehr. The motion was agreed to, and ,the bill
Bill X-8, an Act for the relief of Margit was read the third time, -and passed.
Aloisia Payer Worontschak.
,The bills were read the first time. PRIVATE BILL
THIRD READING
The Hon. the Speaker: Honourable senators,
when shall these bills be read the <second Hon. Mr. Fogo moved the third reading of
time? Bin G-7, an Act respecting a certain patent
application of the Garrett Corporation.
Hon. Mr. Aseltine: Next sitting.
The motion was agreed to, and the bill was
PRIVATE BILL read the third time, and passed.
REPOR~ OF COMMITTEE
CRIMINAL CODE BILL
Hon. Mr. Nicol presented the report of the
Standing Committee on 'Banking and Com- SECOND READING
merce on Bill V -6, an Act to incorporate the The Senate resumed from yesterday the
qreat Eastern Insurance Company. adjourned debate on the motion of Han. Mr.
270 SENATE /
Robertson for ,the second rea-ding of Bill found in the Criminal Code may be charged
H-8, an Act respecting the Criminal Law. in Canadian courts under .the title of criminal
Hon. A. W. Roebuck: Honourable senators, are law. For that, I take itJ the commiSSioners
certainly to be congratulated.
when I was speaking on this debate yester- There have been a number of other
day, and before ,the interruption, I was point-
ing out that the subst~mtive law was not important changes, more than I can discuss
today. For instance, it was the desire of t11,e
affected by the commission's order of refer- commissioners to abolish minimum penalties.
ence; that what was discussed by the commis- With that purpose, too, I have a great deal
sioners was more the phraseology in which of sympathy. I never liked this hog-tying
the criminal law is expressed than the sub- of magistrates and judges in the matter of
stance of the law itself) a task that in my punishment by making the penalty automatic
judgment was long overdue. upon conviction and stating its amount, so that
The Criminal Code was drawn, not by one a magistrate could give more but could not
author, but by many. It came in the first give less. The result, of course, has been that
instance from a report to the British House men whom magistrates, judges and juries
of Commons, which was not adopted by that did not wish to punish were not convicted.
house; 'and it did not become law in Great I myself have seen the criminal law evaded
Britain, although it did· here. Year after year through the refusal of juries to convict before
it has been amended and revamped in part, a judge whom they thought was unduly
but never in whole. So the time finally came severe; and so an jnaccurate decision was
when a big job had to be done; the given in order to correct what the jury_ felt
remodelling of the statement of criminal law. was wrong. In the matter of these minimum
Although it is the expression of the law penalties J the responsibility is not with the
with which we are now concerned, in the magistrate but with parliament; so a magis-
very nature of things ,the subst-an,ce of rlaw trate, faced with the facts, is likely to make
also arises, in two ways. In the first instance, his finding in accordance with the penalty
no two words in the English language mean attached to it, because he cannot proportion
exaotly the same thing; so if the phraseology the penalty to the proper finding. The com-
is changed) the thought is also changed. mission has decided to abolish that restriction
Secondly, we are asked to re-enact ,the law and leave the matter of sentence in the
in its new dress. Theref'Ore, for two reasoTIS, hands of the magistrate or the judge,
the substance of the law-the whole Code- I notice, however, that the minister says
is to be passed upon by this house. Ill! conse- he has not wholly followed the advice of the
quence, I submit, this is a serious matter commissioners in this regard; and there is
which should receive the maximum of care. something to be said for his point of view.
When a young offender comes before the
The commissioners themselves admit ,that court for a first offence, the thought is upper-
in some ,respects they have altered and most that he may not have fully realized
revised the substance of the Crimina,! Code. the gravity and the consequences of his act,
For instance, they have abolished common and that3 having come to realize them, he may
law offences-and for that I give them credit. never repeat the offence. But that can
True, there were very few such offences -still hardly be argued in favour of the man who
in existence, and it was seldom ,that charges drives when in a drunken state or when his
under the common law were laid in· our ability to drive has been so affected that he
courts. How many offences under the common endangers the lives of his fellow citizens,
law had not been included in the Criminal because the admonition "if you drive, don't
Code, I for one do not know. Others in the drink; if you drink don't drive" has been too
house may have -seen a consolidation or even frequently repeated for anybody in this
a treatise on what was left out Df the criminal country now to plead ignorance of the dangers
law, but I never have. So it seems to me in and the wrong of driving a motor-car when
view of the ancient legal principle that ignor- efficiency is affected. Furthermore, the
ance of the law is no-excuse, and that citizens temptation of magistrates to be lenient when
are expeoted to know the law and observe it, citizens, otherwise respectable, come before
the least we can do is to have an- authorita- them, is very great. So there is a good deal
tive statement of what it is. To me it is silly of support for what the minister said here,
and ridiculous that citizens of Canada should that the minimum penalties for drunk driv-
be calIed upon to search the ancient texts of ing have not been abolished.
English courts in order to find out what is I am not so sure that I go with the min-
prohibited in our own country. The commis- ister in the matter of offences against the
sioners have removed any possibtlity of a Post Office. There is a tendency among depart-
charge being laid in Canada for the commis- ments of government to make themselves
sion of an offence prohibited by English com~ sacrosanct, a fourth estate somewhat different
m'On law. Only those offences that are to be from ordinary men; and so you have special'
MAY 15, 1952 271

provisions in the Code relating to theft from definition of the offence. At the moment I
the· Post Office. I suppose that could be justi- think it is also a sensible definition, but I
fied as regards an employee of that depart- reserve judgment on this until we have read
ment whose duty it is to sort mail. There is it more carefully in committee.
upon him some special obligation, uberrimae Hon. Mr. Vien: Have you got the wording?
fidei, with respect to the mail which he is
handling, and perhaps special penalties might Hon. Mr. Roebuck: Yes.
well be meted out to one who is in a position Hon. Mr. Vien: I do not want to interrupt.
o.f trust of that kind who steals from the Post
Office. But the provisions, as I see them, Hon. Mr. Roebuck: That is perfectly ·all
are very general. On the boulevard in front right. It is sectio~ 60, and it reads.
of my house in Toronto there is a box, put (1) Seditious words are words that express a sedi-
there by the Post Office for the purpose of tious intention.
(2) A seditious libel is a libel that expresses a
assisting postal employees in the sorting of seditious intention.
the. mail of the locality. This box is not on (3) A seditious conspiracy is an agreement be-
my property, but on city property right in tween two or more person_s to carry out a seditious
front of my house. Each day Post Office intention.
employees put mail in that box and take mail (4) Without limiting the generality of the mean-
from it, and frequently I see, lying beside it. ing of the expression "seditIous intention," every
one shall be presumed to have a seditious intention
bags designed for the carrying of mail. These who
bags are left unguarded, and anybody could (a) teaches or advocates, or
take them away. If some person assumed (b) publishes or circulates any writing that ad-
that the bags had been abandoned by the force vocates, the use, without the authority of law, of
as a means of accomplishing a governmental
Peist Office, and carried them away, I suppose change within Canada.
the magistrate would have to send that person
to jail,' willy-nilly, if he determined that the Anybody can understand that.
bags had been taken intentionally, and it was (5) Notwithstanding subsection (4), no person
a case of theft. I would not go -that far. But shan he deemed to have a seditious intention by
reason only that he intends, in good faith,
this is a matter for discussion in committee. (a) to show that Her Majesty has been misled or
I wish to congratulate the commissioners mistaken in her measures,
on their boldness and (!OffirnOn sense in at (b) to point out errors or defects in
la.st f4rnishing a definition of' sedition. In (1) the government or constitution·of Canada or
the present code sedition is defined in these a province,
words: "Seditious words are words that a (ii) the Parliament of Canada or the legislature of
province, or
express a seditiotls intention." (iii) the administration of justice in Canada,
Spme Hon. Senators: Oh, ~h. (c) to procure, by lawful means, the alteration
of any maHer of government in Canada, or
.Hon. Mr. Roebuck: There is no definition (d) to point out, for the purpose of removal,
of a seditious intention, so you are just like matters that produce or tend to produce feelings of
hostility and ill-will between different classes of
a little kitten chasing its tail in a circle. persons in Canada,
~arliaments 'and ministers in the past have
shie.d away from the difficult task of defining Section 61 reads:
the offence of sedition or of stating what 61. Everyone who
sedition is. In his address to this house on (a) speaks seditious words,
(b) publishes a seditious libel, or
~~onda:y last, the Minister of Justice pointed (c) is a party to a seditious conspiracy, is guilty
out the difficulty of condensing in two or of an indictable offence and is liaole to imprison-
three 'Sentences what constitutes "seditious ment for fourteen years.
i~tention" as laid down in the reasons for Thus, honour,able senators, in a very short
jU.d!iment in -whIch the definitions are to be paragraph which has taken me only .a moment
found. Once -again let me point out that to read, we find the whole law of sedition
ignoranc~ .of the law is.,nQ excuse, and that except, of course, as the words are defined
the obligation to do this difficult thing, which by the judges in written judgments. Lawyers
ministers of justice say tlJey cannot do, 1here- will sUn have plenty to study, but the
for~ rests'·upon the shoulders of the .ordinary
SUbstance of the law itself is all there. I
-citizen. And if he is charged with a sedi- repeat that I give these commissioners credit
t~ous. '.offence he finds that it is riQ excuse f.or for their boldness and common sense in
him 'to. say that the 'law-givers of the drafting that section.
so·
4oIl).inion, had been loose in their expres- r am not so sure, howeverl about their wis-
slo~' of ihe law that he did not know what the
Ia."w was. I say that if· it is the duty of any- dom in dealing with treason. A section has
been added tQ the Code, which to my mind
body to ·find out what the law of sedition
is, it is the duty of 'parliament. The c.om- is very doubtful. It is sec;tion 46.
missioners have been bold enough to actually 46 (1) Everyone commits treason who, in Canada,
(c) assists an enemy at war with Canada, or any
put into the Code f.or ,the first time a readable armed forces against whom Canadian forces are
55708-19
272 SENATE

engaged in hostilities whether or not a state of war have even g'One so far as to make it an
exists between Canada and the cpuntry whose offence on the part of anyone to harbour a
forces tliey are.
member of the R.C.M.P. who deserts or is
I saw i~ Saturday Night of May 31 an absent without leave. Those provisions might
editorial .which e~presses my view rather be all right for a military force, but 1 do
well. It €ays: . not like to see them applied- to a civilian force.
. . . the extreme uncertainty and obscurity of the
new definition of treason (a crime punishable by
The Saturday Night editorial from \~hich
death) which makes· it cove"r, not merely assistance I have already quoted has a paragraph on
to an "enemy," but also assistance to "any armed this subject, too, that I ~hink is worth reading:
forces against whom Canadian forces are engaged The ancient and invaluable distinction between
in hostllfties whether or not a state of war exists," the police forces and the armed ~orces of the nation:
The existence: of a state of war, and consequently are abolished by amendments which place·' the'
of a defined enemy. is a matter of proclamation; R,C.M.P. on exactly the sarne footlng as the armed-
the Queen tells her Ca,nadian subjects to whom forces, making it as grave an offence to coun~t11
they may not lend assistance and when such refusal of duty by a member of the R.C.M.P. a$ by
assistance becomes treasonable. No such official a soluler, sailor or airman. The R.C.M.P. Is a
action is necessary to turn a legitimate action into civilian force. For that reason and that reason
treason when the test is merely that the action alone, it has been possible to use it for many pur-,
benefits any armed forces against whom Can,adian poses for which a mt1ita~y force would be most un",.
forces are engaged- in hostllities. suitable, including the preservation of order during
incidentally, "t1lls removal of the distinction be- strikes. 1£ it is to be treated as a military force in
tween "hostilities" and "war" abolishes at one this respect it should be tUrhed into a military
sweep all the "laws of war" as they have developed force, and it should be withdrawn from polic~"
over the centuries, and creates a new situation to work.
which no precedents or treati~s concerning war
have any application. Among other things, it is That expresses my sentiment. I have
not necessary that the Canadian forces in question every respect for the R.C.M.P., and ,I do·
should have been ordered into hostilities by any
action of the Canadian government; they may have not wish my words to be understood as
been plunged into them by the commander of an critical of the force at all. I am critical of
allied but alien army. It may be treason to aid an the law which we are enacting as applied to
armed force_ which - th,e Canadian government does
not even know is "engaged in hostilities" against the RC.M.P.
our forces, for the amended Code says nothing Then, by way of congratulation tl? the
about any action by the Canadian government commissioners, I wish to mention their state-
whatever. ,
ment with regard to magistrates.
It seems to me -that in going so far we are
taking a reckless step. The citizens of Canada Hen. :Mr. Farris: I am sorry, 1 did not hear'
should- know what -alien- -forces it is treason- that. The statement is with regard to what?
able to aid. There should -be some sort of Hen. Mr. Roebuck: Ma'gistrates-a class
proclamation befor~ the highest offen-ce known of offi-cials with whom my friend from Van-
to the criminal -law ,becomes -chargeable couver-Bouth (Hon. Mr. Farris) and I ha~e
-against a -citizen. Aside from -that, . of course had something to do in the past. The com-
anybody who assists the armed forces- of a missioners say, beginning at the bqtto;n::t _of
nation with whom Canada is at war is guilty page 12 of their report:
of treason 'f\nd I have no objecti1)n to the part Under the proposed procedure the spechil juris-
of the Code which deals with that definite diction conferred upon magistrates will be exer-
offence. My only objection is to -the indefi- cised only by those who are expressly apPOinted
niteness of the ofien:.ce provided, for in the for that purpose. The requirement that m.agistrates
must be expressly appointed to exercise jurisd,Jction
paragraph that "1 read. under the Part is inserted in the expectation that
Honourable senators may remember that the provinces will deSignate only qualified persons.-
not long ago there W'f\S an amendment to the The following Is the definition of "magistrate":
"'magistrate' means a person appointed t,lUder
Criminal Code with respect to th-e Royal the law of the province, by whatever title he may
Canadian Mounted Police, whereby that force be deSignated, who is specIally . authorized by the,
was made a police. force apart from all terms of his appointment to exercise the jurisdic",
tion conferred: upon a magistrate by this Part, but
other police forces in this country. I under- does not include two, or more justices of the peac~
stand that amenQ.,ment h<.ls :been -carried into sitting together." _ .
the new Cod-e. The ordinary munidpal or
provincial police i~ a civilian, not a military I may say, incidentally, that there is pro",:.
force. In days gone ,by the R.C.M.P. also has vision whereby the jurisdiction of the magIs-
trate may 'be somewhat enlarged, but I am
been considered .a civilian force. For that glad to note that thls cannot 'be dQne witholJ,t.
reason it has been usable at times i11l eon-
necti-on with :strikes and; civilian disturbances the consent of the accused. Under the ,new
Code the magistrate may try offences that
where it could not have been used had it
been a military force. Yet by this, Code we he could not try under the present Code, ,but
are applying to the R.C,M.P. the provisions he may do so only with the cOl1sent of the
dealing with such things as failure to obey accused, so in this regard there is no" trespass
a commanding officer, and desertion-of all upon the ancient protections that have bee.D
things, desertion from a: ,police force:!-and we thrown around an accused person. But noW
MAY 15, 1952 273

that 'the jurisdiction of a magistrate is reform, or be great benefit to the public


eUlarged, ,·the requirement that magistrates generally. Therefore, I think it is as impor-
must be expressly appointed to ~xercise juris"- tant to have a trained magistrate as it is to
diction is a most salutary one. When I took have a trained judge of the County' Court or
office as Attorney General of Ontario I found of the Supreme Court.
a -great many magistrates who had had no My remarks, "hoIfourable senator~, have
legal training whatever, each of whom sat in been sketchy, This measure, came into our
his little jurisdiction as a sort of Crown Prince hands only- recently, and "I am impressed
of the locality, and was paid by fees. One of with the thought that it should be studied
my first official acts was to fire a considerable clause by clause in one of our committees.
number of them-I think it was 89-by one Indeed it is almost impossible to do other-
order in Council, divide the ·territory up into wise. 'The measure is long and 'detailed;
sections, arid appoint oneJ two or three itiner~ almost every section has a background; and
ary :magistrates for every section. It was a we shall require the explanations of the
most beneficial change, but I €I?-countered con~ Department of Justice and those who have
siderable difficulty because of my determina~ been engaged in the drafting of the bill to
tion not to appoint to the Bench anyone who inform us' of the reasons for the changes.
W~S· not qualified for it. Although I had many Only then 'will we appreciate what changes
battles over thi.s question, during my term are proposed, and the reasons for them. It
of office, I made no appointment of a magis~ will'consume a good deal of time to consider
trate whQ was not a lawyer. this measure step by step, but it will be
-:Hon. Mr. Beaubien: Why? worth while.
:·Hon. Mr. Roebuck: Because.t.he administra~ I recall that when the combined Code
tion of law requires the" knowledge of a lawyer. affecting the ~hree armed forces was c?n~
. . . " s i d e r e d in this house it was referred-I thmk
.'Hon. t.ir. ~~ge,ssen: Hear, hear. to the !Banking and Commerce Committee-
: Hob.. -Mr. Roebuck: While there; are .some and a number of my fellow senators and I
laymen who by diligence and special apti~ sat in consideration .of it for. some days. We
tudes, .and by opportunity, perhaps, know made no less than eighty~three ·amendments
more about law than some lawyers, I think to the draft bill, all of them with the consent
the general ·rule may be laid down-with of those persons who prepared it. That
which even laymen will agree-that the man indicates that they were impressed by the
who goes to college to learn law, and spends logic.of our approach to the subject. I think
sorp.e. ye~rs in .the practi~e, of it, is surely a we can handle this bill in much the same
speCl.cilist in law. And as we have an adminis~ way. True, it'may not be,necessary to make
tratiori'.,·of· law, certainly we want persons as many 'as eighty~three . amendments, for I
aa.ministering it who know ~vhat theJ." .are believe that many of the sec-tic;ms win be car~
t~lki:qg about, and to whom .other lawyers ried almost on" the reading of them. Never~
m~Y" address their re'marks with a certain thehiss a 'great -deal of care 'is required, for
amoUl]..t of deference,.,. know~ng that 'the when .this billleaYes the house with the sanc~
o~cl,lpant ,af th~ Bench :qas gon~ through the tion' of the committee that has studied it, it
'Same'. experiences and studies ~s 1hey have will be receiv.ed \Yith respect In,.another place.
themselves. . . .
I am .prepared, honourable senators, to. vote
:However, the Code does not require that for second reading of the bill, notwithstal1ding
only lawyers be appoip.ted to s\lch ,positions. some difficulties .which I and others 'have
I.'.am only reminiscing when I 'tell you that encountered in approaching it, and the lack
when! had the responsibility and the author~ of cppl,es of the p1easure and. th~ documents
ity I 'appointed nobody except lawyers to the supporting it, The bill, 1 t,hmk, sh?uld
Bench. I may· add that my 'successors in receive second reading as soon as pOSSIble.
office followed that :example, apd with v~ry , In'sayini{that I do not mean to cut off any..
few exceptions-certainly not in the crowded body else ·who. wishes to speak; ,bllt let. us
ce:nb;'es-bave magistrates been appointed give it ·secop.d reading as soon' as pOSSIble
Who were not ·lawyers. In my opiriion it is and devote ourselves to an inch~by~inch study
a~:-necessary to' have an informed magistrate of 11s .provisions .ill: committee.
- as 'it is ',to have an iIlformed judge. Indeed,
, I :~av~ aJwclYs felt that Jhe:- most impc;>r"tant Some Hon. Senators: Hear, hear.
courts"in ;Canada are not the.·app·eal courts, Hon. Mr. Vien: Honourable senators, not~
Which deal with civil cases 'invblving millions withstanding the diligent efforts that hilVe
?f'd911ars, but t~e Imlice courts, Which 'deal been made to .have an adequate number of
1l1- hliman lives. 'A deci.~i9n from such a court .. d
rnay,:Ol'l the one hand, be tr",gicj or on ,the copies of this measure placed in our han S
o~lier' hand it tnay be beneficent.: A ina:gis~ today, we are now under the same dis~bility
tr'ate's - j'udgment 'may meari'"'happiriess 'or as we were yesterday.
55708-19.
274 SENATE

. -I agree with the suggestion of the honour- would appreciate the opportunity of know~
able gentleman from Toronto-Trinity (Hon. ing something of the background of. the
Mr. Roebuck),. that the bill should not be circumstan~es connected with the matters
delayed. in. going to committee. However, under discu~sion, and C!ur records shOUld be'
under the circumstances, I think the honour- a vaila)Jle to ~hose who wish to see _them. .'
able leader of the government should give I take it. that the greater part of the
us some assurance that in having agreed bill will. be adopted without much discus.. ,
to second reading we are not necessarily sion, but on certain specific matters some
committed to the principle of the bill. With debate is likely to arise. So not only would
that };>rovlsion, . I do not object to the bill I not oppose reference to committee, but I
now being read a second time and referred would facilitate it and indeed urge: it. By
to committee. this course a considerable amount of infor_
Hon; Mr. Roebuck: May I have the indul- mation will be forthcoming which .may be
gence of the house to add a word? If we useful to- members in the other place, par- 1
now give the bill second reading, Mr. Speaker ticularly if, because of the pressure of'
will take note, and all honourable senators other business, the bill comes before them:
will observe, that we are doing so without late in the session. In this way we might
sufficient knowledge of the measure, so that turn the other cheek and set a good example,
when it comes back to the house for third because sometimes bills are received by
reading no rules will be pleaded against us us late in the session and we have to deal
to prevent a thorough discussion at that time. with them without the benefit of any great
amount of discussion in the other hous,e..
Hon. Mr. Vien: That would apply not only
to the bill in the third reading stage but also Hon.- A. MarcoUe: I was of course, very
while it is in committee. The rule is that much inte;rested in the add.ress of the honour~
second reading having been given to a bill, able senator from Toronto-Trinity (Hpn. Mr.
it has been adopted in principle, and we Roebuck). 1 understand that by voting for
should then address ourselves to it clause the second reading we are- not committed
by clause.· Assurarice should be given that to the bill as it stands. It has been stated
we will not be precluded in committee from more than once in this chamber that our
discussing the principle of the bill. giving of second reading to a bill does not
mean that we are Dbligated to adopt it
Hon. Mr. Robertso.n: Honourable senators, until we have had more enlightenment OUi
I am entirely in agreement with what has the subject-m~tter.
been said as to the lack of facilities for the
proper consid,e~a tion of this bill on se'cond I should like to know whether the com~
readiI).g, and I' now give assurance that I mittee 'to whom the bill is to be referred
shall 'do everything in my power. to see. that will 4av~ the' right to call people before it
full opportunity.js given for 'adequate 'con- to give .th~ir o:pinions -on these amendments?
sideration of th,e me-lisure. This is a large This is one of the m·ost important measures
and an important l?UI, and' I' realize how i.vith which we have ever lJ,ad to deal. ~t
necessary it is that every 'opportunity should is not 11 matter of conferring more or less
be_ given for the examination of ·it in -com- ordinary powers; the hill deals i,vUh human
mittee, and for further and perhaps a more rights and affects human liberties;' under_.
enlightened discussion of it on third reading. its provisions persons can be sent to jails,
to reformatories, or otherwise dealt with.
Some honourable senators may recall that This" morning -I received a letter' from a
before the introcluction of the bin there was lawy'er in Montreal who has long been
some suggestion that we might follow the interested in criminal justice. He· said he
precedent establi~hed.'in 1914 w~en the Rail- thought that he and others who were like~
way Act was considered, and that, in moving minded should have the right to be heard ..
the bilI to committee, 1 might ex.'tertd to the I ask' that the committee shall have the
other place an invitation .to have some of power to send for people or to receive -the
its members join' with us in considering view~ of those who want to app~ar ;before -it..
the measure. I would' have been embar~
rassed had that suggestion been pressed, for Hon. Mr. Robertson: 1 doubt whether
I do not think any particular benefit would anything 1 sayar refrain -from saying will
have accrued; but after some discussion it clothe the committee with more or less power.
was dropped. ~t W9uld seem that our com- than it riow ha·s. My understanding is that
when legislation is referred, to any of our
mittee could proceed more rapidly, with its standing committee$, it is for that committee
work if it did not have to wait from time to decide whether it shall exercise any or
to time on the' convenience of others. How- all of the powers vested in it; and if .it
ever, it is quite possible that members from requires extra powers, the propei' procedure,
the other place and other interested parties 1 suppose, would be to ask the Senat~ for
MAY 15, 1952 275

thein. But it is my impression that the index, though it may not be the kind to which
c'ommittee of its own volition _can do what my honourable friend refers. I understand
the honourable senator has suggested. that the department is preparing -a list of
Hon. Mr. Vien: Those powers are given to the sections which have been changed', and
all standing committees when they are so on.
created, at the beginning of the session.
Hon. Mr. Haig: We have that now. I think
Hon. Mr. Robertson: I think so. Certainly I the honourabl.e senator from Inkerman (Han.
-would not seek to limit their powers by any Mr. Hugessen) wa's correct. We already have,
statement of mine. in the report of· the commissioners, a table
Hon. Mr. Vien; When the bill is sent to com- of the sections of the -present Code and what
mittee it will probably be desirable-though has been done with them. My memory on
-that is for the committee to determine-that ·these matters is that the indexes are never
a rec'ord be taken, in vie\v of the fact that
·tl~is measure was introduced in the Senate.
prepared until after the bills are passed by
parliament. I think that was the case in con-
. Jion. Mr. Hugessen: May ~ offer' one obser- nection with the Bankruptcy'Act. . It is quite
'vat,ion on the discussion that has taken ,place?
I.t seems to me that the only principle for possible that in committee we may accept the
which we are voting when we vote for the suggestion of the honourable .senator from
second reading of this bill is that the' Criminal Toronto~Trinity (Han. Mr. Roebuck), and that
'Code of Canada be recodified; and' that leaves would - necessitate a change in the proposed
us 'Completely free to discuss and suggest definition in the bill before us. Further, the
'amendments of anyone section. If that is the Senate may· take action to strike out some
understanding, I do not see why any honour- clauses and to restore others that are in
able member could have ·any objecti'On to the present Code. I think we would run
approving second reading -at this time.
into trouble here with an index.
,The motion was agreed to, and- the bill was
read' the second time. Hon. Mr. Robertson: Honourable senators,
I hope to have this bill before our committee
REFERRED TO COMMITTEE next Tuesday morning. If my \-honourable
The Hon. the Speaker: When shall thi-s bill colleague from Toronto-Trinity (Hon. Mr.
be read the third time? Roebuck) would give me a memorandum
Hon. Mr. Robertson: I move that this bill be later this afternoon as to exactly what he has
referred to the Standing Committee 'On Bank~ in mind, I shall refer it -to the Minister of
ing ant;:1: Comm-erce. Justice.
Hon. Mr. Roebuck: In that connection 'may The motion was agreed to.
I make a suggestion, to the leader? There is
no ind-ex in the bill. To be iJroper,ly studied,
it Feeds an index. I am sure that one must INDUSTRIAL DEVELOPMENT
have been prepared. Am I right? BANK BILL
Hon. Mr. Hugessen: I think that for a bill FIRST READING
of this kind it is not the practice to have an Hon. Mr. Robertson ·presented ~ill Y-8, an
index when it is first introduced" but that Act to amend the Industrial Development
when it is finally published ran index is Bank Act.
prepared in conjunction with it. I do not
think an index is properly part of a bill when The bin was read the first time.
it is introduced.
The Hon. the Speaker: Honourable senators,
Hon. Mr. Roebuck: No, I did not mean that. when shan this bill be read the second time?
What I say is that" we sh'Ould be provided
with an index in the committee when we are Hon~ Mr. Robertson: Monday next.
stud;ying this bill. No doubt an ind.ex has
been prepared. I know that it is not usually NATIONAL RAILWAYS
included in a bill, hut there is no earthly AUDITORS BILL
reason why the officers could not produce on€
and give' each ot us a copy. My suggestion ANSWER TO INQUIRIES
is that the leader intimate to them that we On the motion to adjourn:
would like an index. Hon. Mr. Robertson: Honourable senators,
Hon. Mr. Robertson: It is my impression on the m-otion .to adjourn, may I answer three
that the minister, whether publicly or questions which were asked on the .second
privately, mentioned, the preparation of an reading of the National Railways Auditor.s
MAY 20, 1952 287

grant a certificate specifying that a certain said by the honourable senator from St. Boni-
examination has been passed and that certain face (Hon. Mr. Howden), that the bill before
approval has been extended. That is as far us is more or less a replica of the Roddick
as it can go. The board may, however, Bill.
induce provincial governments to pass legis- The Roddick Bill had to do with the medical
lation which will make its decisions law in profession, and was enacted in 1913. It has
those provinces. Without that legislation, the therefore been in forq.e for forty years; and it
decision of' the National Dental Examining is because of that bill that T, although born in
Board of Canada will have no legal constitu- Quebec and a graduate of Laval University,
tional validity in any province. While r1 in Montreal, have been practising medicine in
would read this legislation with great care Ontario for the last thirty-eight years. I was
and with some suspicion for fear that it one of the first beneficiaries of that legisla-
infringes on provincial authority, at the tion. But before being allowed to practise in
moment I do not see that it does. Ontario I had to have the degree of M.D.
Han. Mr. Paterson: Will the honourable from my own province, an,d then I was
senator read section 7 as well? required to submit to an additional examina-
tion under the auspices of what is still called
Hon. Mr. Roebuck: It reads: today the' Medical Council of Canada, which
7. The Board shall have power to was the offspring of the Roddick Bill. After
(a) estabItsh a qualification in dentistry such
that it will be recognized by the appropriate having successfully passed that examination
licensing bodies in all the provinces of Canada; I had to be accepted by the provincial author-
I see nothing wrong with that. It just says ities in Ontario, and to pay the required regis-
tration fee. Under the provisions of the Rod-
the board shall have power to establish a dick Bill, had I been more than ten years in
qualification in dentistry that will be
recognized. practice I would have been free to hang up
my shingle in any province where I chose
Hon. Mr. Euler: Must it be recognized? to go, without any further ado other than
Hon. Mr. Roebuck: No. payment of the provincial fee.
Hon. Mr. Euler: I was wondering about that, As I say, I think this bill is more or less
because I think it was said a moment ago a copy of the Roddick Bill. If there are any
that when a dentist has this dental certificate differences between -the two, thls sh-ould
he can go and practise in any province upon be an improvement on the earlier one,
paying the license fee. because of the experience that has been
gained since 1913. I do not think the bill
Hen. Mr. Roebuck: That is the idea, but it presents any challenge to provincial rights
Is not In the bill. or prerogatives.
Hon. Mr. Euler: Must a provincial body As I see it, the purpose of the bill is simply
grant a dentist the right to practise if he to help dentists who wlsh to move from one
holds a national dental certificate? province to anoth-er to practise th-eir pro-
Hon. Mr. Roebuck: I take it that that is fession. There is nothing of a -compulsory
not so. nature at all about the measure. Those who
. Hon. Mr. Euler: Well, that constitutes an desire to take advantage of its provisions will
interference. be free to do so, upon complying with the
laws of the province into which they move.
Hon. Mr. Roebuck: It says that the board A dentist who intends to practise in the prov-
shall have the power Hto establish a quali- ince in which he ,gr-aduatesJ would of ,course
fication in dentistry such that it will be not submit to the additional examlnation and
re'cognized", not that it shall be recognized. pay the fee required. of one who moves to
Hon. Mr. Howden: Use the word "accepted" another province.
instead of "recognized". This explains the hill as I understand it,'
in the light of my personal experience with
Hon. Mr. Roebuck: It means about the same the Roddick Bill, which g,we birth to the
thing. It is their, desire, not their legal existing Medical Council of Canada.
authority.
The Hon. the Acting Speaker: Honour-able
Hon. Mr. Vien: It says Uthe Board shall senaiors, the question is on the motion for
have power." the seconru· reading of the hill. Is it your
Hon. G. Lacasse: Honourable senators may pleasure to carry the motion?
be interested to hear from a man who is a Some Hon. Senators: Carried.
product of the first year of operation of what
was known as th~ Roddick Bill. I took advan- Hon. Mr. Vien! No.
tage of that legislation right after its enact- The motion was agreed to, ·and the bill
ment, and I understand from what has been was read the second- timeJ on division.
288 SENATE

REFERRED TO COMMITTEE DIVORCE BILLS


Hon. Mr. Gershaw moved that the bill be SECOND READINGS
referred: to the Standing Committee on Mis- Han. Mr. Haig, for the Chairman of the
cellaneous Private Bills. Standing Committee on Divor-ce, moved th~
Hon. Mr. Vien: Honourable senators, may second reading of the following bills.
I suggest that the provincially -constituted Bill Z-8, an Act for the relief of Leo
bodies which control these professional mat- Kendali.
ters in each province be ,notified of the date Bill A-9, an Act for the relief of Tom
at which this bill will be considered in com- Barnard Clayton Gould.
mittee and invited: to express their views to Bill B-9, an Act for the relief of Helene
the committee? Laura Solomon Wiseberg.
Bill C-9, an Act for the relief of J oa~
Hon. Mr. Roebuck: It seems to me, Borland White.
honourable senators, that notice of'the date Bill D-9, an Act for the relief of John
of the committee's hearing; on the bill should Laurence McDonough.
be sent to the: Attorneys General of all the Bill E-9, an Act for the relief of Jean
provinces, so that if they have any objection Wiseman Schwartz.
to the bill we may hear of it. Bill F-9, an Act for the relief of Judith
Hon.. Mr. Vien: That is' agreeable 10 me. I Sorel Riven Gainsbury.
should Uke to have the house express for- Bill 0-9, an Act for the relief of Agnes I

mal approv.al of that suggestion, and if Bertha Baugh Guimont. .


necessary I will move that that be done. Bill H-9, an Act for the relief of Genevieve
Flora Agatha Brown Smith.
Hon. Mr. Haig: Excuse me, but I do not Bill I-9, an Act for the relief of Marcelle
think that is a matter for the house. That Alice Beliveau Martin.
can be attended to in committee. Bill J -9, an Act for the relief of Marcel
Despatis.
Han. Mr. Roberfson: The Chairman of the
Bill K-9, an Act for. the relief of Joseph
Miscellaneous Private Bills Committee (Hon. Wilfrid Ernest Senecal.
Mr Bouffard) is present and will have noted
the suggestion that has been made. I am The motion was agreed to, and the bills
sure he . will act accordingly. If, when the were read the second time, on division.
bill is reported back from committee. any CRIMINAL CODE BILL
senators thinks that the attorneys general of NOTICE OF C.oMMITTEE MEETING
the provinces were not notified, that wouldOn the motion to adjourn.
be a very pertinent question to r1l:ise here at
Han. Mr. Roberison: Honourable senators)
that time. It seems to me that, as stated by
I wish to remind the house that the Standing
the leader opposite, (Han. Mr. Hatg), notice of
Committee on Banking and Commerce will
the committee's hearing on th,e bill is a matter
meet as soon as the Senate rises to resume
consideration of the Crhninal Code Bill. ,May
for the committee to consider, and that no
formal action by the Senate is necessary.I add this: I assured the Minister of Justice
that as far as lay within our power we would
Han. Mr. Roebuck: That is satisfactory do all we could to see that the bill was dealt
to me. with as expeditiously as it is possible to make
The' motion of Han. Mr. Gershaw was a thorough study of the measure.
agreed to and the bill was referred to The Senate adjourned until tomorrow f\t
committee. 3 p.m.
MAY 21. 1952 289

THE SENATE PRIVATE BILL


REFUND OF PARLIAM:ENTARY FEES
Hon. Mr. Duffus moved-:
Wednesday. May 21. 1952 'l'hat the parliamentary fees paid upon Blil E~7,
an Act respecting The Sisters of Charity of the
The Senate met at 3 p.m., the Acting House of Providence, be refunded to Messrs. Hen~
Speaker (Hon. J. H. King, 'p.e.) in the Chair. derson, Willoughby and Company, Kingston, On w

tario, . solicitors for petitioners, less printing and


Prayers and routine proceedings. translation costs.
The moti-on was agreed -t-o.
CRIMINAL CODE BILL
FIRST REPORT OF COMMITTEE DIVORCE BILLS
Hon. Mr. Hayden presented and moved THIRD READINGS
-concurrence in the first report of the Stand~ Hon. Mr. Haig.. for the Chairman' of the i
Standing Committee on Divorce, moved the
lng Committee on Banking and Commerce on
~inH-8, an Act respecting the Criminal Law. third reading of the following bills: I
The report was read by the Clerk Assistant Bm Z-B, an Act for the relief of Leo
as follows:
The StandIng Committee on BankIng .and Com~
Kendall.
Bill A-9, an Act for the relief of Tom I
merce to whom was referred Bill H-S, an Act Barnard Clayton GOUld.
respecting the Criminal Law, beg leave to report Bm B-9, an Act for the relief of Helene
as follows: Laura Solomon Wiseberg.
1. Your committee I.ecommenq. that they be Bill C~9, an Act for the relief of Joan
a4th6rtzed to send for persons, papers and records.
'2. Your committee also recommend that leave be
Borland White.
give~ them to sit - during all adjournments of the Bill D~9, an Act for the relief of John
Senate, and also during sittings of the Senate, Laurence McDonough.
,3. Your committee further recommend that Bill E~91 an Act for the relief of Jean
authority be granted for the printing of 800 copies Wiseman Schwartz.
in English and 200 copies in French of its proceed-
hlgs of the said bUl, and that rule 100 be suspended Bm F-9, an Act for the relief of Judith
in relation to the said printing. Sorel Riven Gainsbury.
Bill G-9, an Act for the relief of Agnes
The motion was agreed to.
Bertha Baugh Guimont.
Bill H~9, an Act for the relief 'of .Genevieve
PRIVATE BILL Flora ·Agatha Brown Smith.
REPORT OF COMMITTEE Bill I~9, an Act for the relief of Marcelle
Hon. Mr. Bouffard presented the report of Alice Beliveau Martin.
tlW 'Standing Committee on Miscellaneous Bill J-9, an Act for the relief of Marcel
Private Bills ,on Bill F~71 an Act to incorporate De.spatis.
Bill K~9, an Act for the relief of Joseph
the Equitable Insurat:lce Company. Wilfrid Ernest SeI1ecal.
The report was read by the CleTk Assistant The motion was agreed to, and the bills
as follows: were read the third time, and passed, on
The Standing Committee on Miscellaneous Private division.
Bills,. to whom was referred Bill F~7, an Act to
Incorpor~te the Equltable Insurance Company, have,
in obedience to the' order, of reference of May 8, CANADIAN NATIONAL RAILWAY (TER-
1952, examined the said b1I1 and now beg leave to RACE TO KITIMATI BILL
r.eport: the same with the following amendments:
. 1:'Page 1, line 13: Delete "The Equitable Insur~ ~ECOND READING
an~.e . Company" and substitute "Equitable Fire
~siiian,ce Company ,0£ Canada."
Hon. Gray Turgeon moved the second read-
;~. Page 1, line 14:, Delete "La Compagnie ing of Bill 192, an Act respecting the ·con ..
d Assurance Equitable" and substitute "Compagnie struction of a line of railway by Canadian
Eq1,lita"ble d'Assurance Ineendie du Canada." National' Railway Company from Terrace
In the Title to' Kitimat, in 'the province of British
-':3. -Delete "The Equitable I.nsurance Company" Columbia.
and SUbstitute "Equitable Fire Insurance Company He said: Honourable senators; it gives me
of Canada." .
very much pleasure to move the second read~
~ ~e Hon. the Acting Speaker: Honourable ing of this bill, regardless of the fact that
se,natOrs, when shall these amendments be the bill!f passed will bring about an expendi-
~ken into consideration.? ture of money. It authorizes the Canadian
National Railway Company to build, at an
"Hon. Mr. Bouffard: Next sitting. estimated cost of $10 million, 46 miles of
31-1952-H railroad from Terrace to !Gtimat in the
JUNE 20. 1952 479

THE SENATE CANADIAN NATIONAL RAILWAYS


CAPITAL REVISION BILL
PRINTING OF COMMITTEE PROCEEDINGS
Friday. June 20. 1952 Hon. J. W. de B. Farris presented the
report of the Standing Committee on Bank~
The Senate met at 3 p,m., the Speaker 'in iug and Commerce on Bill 308, an Act to
the Chair. revise the capital structure of the Canadian
~rayer$ and routine proceedings. National Railway Company and to provide
for certain other financial matters,
TREATY OF PEACE (JAPAN) BILL The report was read by the Clerk Assistant
REPORT OF C01'lMITTEE as follows:
The Standing Committee on BankIng and Com-
Hon. Mr. Lambert presented the report of merce, to whom was referred Bill 30B, an Act to
the Standing Committee on External Rela~ revise the capital structure of the Canadian National
tions on Bill 210, an Act to provide for carry- RaIlway Company and to provide for certain other
financial matters, beg leave to report as follows:
,jng into effect the Treaty of Peace between Your committee recommend that they be author~
Canada and Japan. ized to print 500 copies in English and 200 copies
in French of its proceedings on the said bill, and
The report was read by the Clerk Assistant that Rule 100 be' suspended in relation to the said
printing.
as follows:
The 'Standing Committee on External Relations, to The Hon. the Speaker: Honourable sena~
whom was referred Bill 210, an Act to provide for tors, when shall this report be considered?
carrying into effect the Treaty of Peace between
Canada and Japan, have in obedience to the order Hon. Mr, Farris: With leave, II move that
of reference of June 18, 1952, examined the said bill, the report be concurred in now. I
and now beg leave to report the same without any
amendment. The motion was agreed to. I

THIRD READING
I,
IMMIGRATION BILL
The Hon. the Speaker: Honourable sena~ NOTIC,E OF MOTION
tors, when shall this piIl pe read the third Hon. Mr. Robertson: Honourable senators,
time? I beg to give notice that at the next sitting
'Hon. Mr. Robertson: With leave of the 1 shall move:
Senate, now. That the Standing Committee on Immigration and
Labour be authorized to examine the subject-matter
The motion was agreed: to, and. the bill was of Bill 105, an Act respecting Inunigration, presently
before parliament, in advance of such bill reaching
read the third time, and passed·. the Senate, and that the said committee be author~
ized to send for persons, papers and records,
CRIMINAL CODE BILL Honourable senators, by Monday afternoon
REPORT OF COMMITTEE I shall have ascertained what progress has
been made with this bill and whether a
Hon. J. W. de B. Farris presented: the practical purpose would be served by con~
report of the Standing Committee on Banking sidering it in committee in accordance with
.and Commerce on Bill H-8, an Act respecting' the notice which I have given. I shall advise
the Criminal Law. the house at that time.
. The report was read by the Clerk Assistant
CANADIAN SHIPS AND SEAMEN
as foHqws:
INQUIRY
The Standing Committee on Banking and Com-
merce, to whom was referred Bill H-B, an Act
On the notice of inquiry by' Han, Mr.
respecting the Criminal Law, have in obedience to Duff respecting Canadian ships and seamen:.
the order of reference of M.ay 2, 1952, considered Hon. Mr. Robe:dson: Honourable senators,
the said bill, and now beg leave to report as this inquiry has been on the Order Paper
follows:
for some time. It is a difficult one to
Your committee recommend that the bill be not answer, but the information will be given as
further proceeded with at the present session.
soon as I can possibly obtain it.
The Hon. the Speaker: Honourable sena~
tors, when shall this report be considered? l(OR'rHWEST TERRITORIES BILL
Hon. Ml', Farris: With leave, I move that SECOND READING
the report be concuned In now. Hon. F. W. Gershaw moved the second
reading of Bill 337, an Act respecting the
The motion was agreed to. Northwest Territories.
55708-32
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i.'!i-'

22 STANDING COMMITTEE KA
agree with its principle. The effect of it will be to endeavour to drive out 3b 1952

private enterprise altogether and give us a purely socialistic state, and I do not
intend to vote for that.
A32.. 1
THE SENATE OF CANADA
Hon. Mr. ABBOTT: In so far as it tends to do anything, it tends to minimize I qS?,
the danger of socialism. c. 1
Hon. Mr. HAIG: I think not.
Hon. Mr. ABBOTT: It may not go far enough, but it at least reduces the
danger of public ownership.
Hon. Mr. HAIG: That is my motion.
Hon. Mr. ABBOTT: Your motion, if it were accepted, would increase the
the incentive to socialize these companies.
Hon. Mr. HAIG: Well, it will be on the table and I think the government
wants this legislation. , PROCEEDINGS
Hon. Mr. ABBOTT: It is not my legislation. I am here to raise moneys
for the government.,
OF THE
Hon. Mr. HAIG: It does not affect your money raising.
Hon. Mr. ABBOTT: Yes, it does.
Hon. Mr. HAIG: No, you are cutting down here. STANDING COMMITTEE ON
The CHAIRMAN: The effect of tabling this bill would be to continue the
rates presently in force, and they are higher than the rates here. BANKING AND COMMERCE
Hon. Mr. HAIG: That may be so.
The CHAIRMAN: You are penalizing all the people in Canada. To whom was referred the Bill (H-8), intituled:
Hon. Mr. HAIG: This is the only instrument I have got to use, and I An Act respecting the Criminal Law.
must use ·the instrument I have.
The CHAIRMAN: As long as the honourable senators understand the effect
of tabling the bill is to inflict a higher rate than the government thinks is
necessary for raising the revenues for this country this year. Are you ready
for the question?
Some Hon. SENATORS: Question.
The Honourable SALTER A. HAYDEN, Chairman
The CHAIRMAN: Those in favour of Senator Haig's motion to table the bill
please raise their hands. Those opposed? I declare the motion lost. Shall
I report the bill without amendment?
Some Hon. SENATORS: Carried.
The committee thereupon adjourned. WEDNESDAY, JUNE 11, 1952

APPENDICES
"A" Clauses where corroboration is now required and where the require-
') ment of corroboration has been dropped, replaced or added.
"8." Disposition of Sections of the, Criminal' Code in the BiII.
'z.',

;'
.I
EDMOND CLOUTIER, C.M.G .. O.A .. n.s.p.
QUEEN'S PRINTER AND CONTROLLER OF STATIONERY
onAWA. 1952 '
-1"

BANKING AND COMMERCE

THE HONOURABLE SALTER ADRIAN HAYDEN, CHAIRMAN

The Honourable Senators


Aseltine Gershaw McGuire
Baird Gouin McIntyre :;
Beaubien *Haig McKeen
Bouffard Hardy McLean
Buchanan Hawkins Nicol MINUTES OF PROCEEDINGS
Burchill Hayden . Paterson
Campbell Horner Pirie
Crerar Howard Pratt WEDNESDAY, June 11, 1952.
Daigle Howden Quinn
Hugessen Raymond Pursuant to adjournment and notice the Standing Committee on Banking
David
Davies King *Robertson and Commerce met this day 'at 4.15 p.m.
Dessureault Kinley Roebuck
Taylor
; Present: The Honourable Senators:-Hayden, Chairman; Beaubien, Davies,
Emmerson Lambert Dessureault, Emmerson, Farris, Fogo, Gouin, Howard, McDonald, McIntyre,
Euler MacKinnon Vaillancourt
Vien Robertson, Vaillancourt, Vien and Wilson. 15.
Fallis MacLennan
Farris Marcotte Wilson Mr. John F. MacNeill, Q.C., Law Clerk and Parliamentary Counsel, and the
Fogo McDonald Wood official reporters of the Senate, were in attendance.
The Chairman presented to the Committee an interim report of the
* ex otJicio member. sub-committee appointed to consider Bill H-8, intituled: "An Act respecting
the Criminal Law".
It was ordered that the interim Report be incorporated in the printed
proceedings of the C o m m i t t e e . '
At 6.15 p.m. the committee adjourned to the call of the chairman.
ORDER OF REFERENCE
Attest.
, Extract from the Minutes of Proceedings of the Senate for Thursday.
15th May, 1952. JAMES D. MAcDONALD,
Clerk of the Committee.
"Pursuant to the Order of the Day, the Senate resumed the adjourned
debate on the motion for the second reading of the Bill (H-8), intituled: "An
Act respecting the Criminal Law".
The question being put on the said motion,
It was resolved in the affirmative.
The said Bill was then read the second time, and-
After further debate, it was-
Referred to the Standing Committee on Banking and Commerce."
L. C. MOYER,
Clerk of the Senate ..
I
,I

3
lI96M-li
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:5~
MINUTES OF EVIDENCE
~ THE SENATE
1
c;;! OTTAWA, Wednesday, June 11, 1952.
; The Standing Committee on Banking and Commerce, to whom was referred
Bill H-8, an Act respecting the Criminal Law, met this day at 4.30 p.m.
~
.'.' .Hon. Mr. HAYDEN in the Chair.
. . . . ~

't~: The CHAIRMAN: . Gentlemen, some weeks ago when the Criminal Code came
b~re us we tried our hand at,it in committee for half a day, and we did not
~ very far. Then we appointed a subcommittee, ~d this subcomnUttee has
'~ sitting fairly steadily in the interim, ,and it was felt at this time, as tp.e
seSsion is getting to a close, that we should mrute an interim report on the work
tbat we have, done. That is the purpose fOr' calling together the general
committee today. When the subcommittee started in on this work it was
provided with. a number of lists. We were provided with a list prepared by
tl1~ Department of Justice purporting to be a list of the sections in the bill
inClQrporated without any change other than a change in form from the present
.~~; then.a ~ond list purporting t~ relat~to ,the se~tions in the bill which
,were brought In from the Code, but m respect of which there were changes
no{\!smly in form but in substance.;, Then w;e ha4 a, third list of sections which
w:~~ dropped, and we had a fourth list of what we called "New Sections
Ac;W~". Now" then, when :we got that material in the first place it was
in<;lp~plete, "and it was only a week ago that we got the balance of the lists
bl'o~ght right down to section 748, which is the last section in the bill.
~.~"}~When we started out in committee we ,took a run at the first 124 sections
in)he bill, just to see what procedure we shopld follow, and to make a check
QP~ these various lists that were given to us. In the course of the first 124
sections we ran into sections which were in our list as having been changed
iIJ,,~ubstance, and into .sections which were in our list as having been changed
iJjrJorm, but not changed in substance and we ran into some new sections.
We found in connection with some of the sections where our list. had beeni
changed in form only, that they had been changed in substance as well. So~
~eimmediately concluded that if we were going to do a proper job in dealing
with the Criminal Code, that ultimately we would have to examine everY"
section of the bill. Now, that;is a terrific job, so we decided next to deal
~rst,with the ,list containing the sections sought to be changed in substancj
'" as well as in form, and we have covered that list to the extent of the original
.'i list supplied us. We have not as yet .dealt\yith the list supplied us a few
days ago. ~ ;£
During part of our hearings as a subcoll)lllittee we had officials from the
Department of Justice s~tting in with us, and~we discussed these sections with
them. You can understand how laborious' it was because the bill is not
annotated, and therefore we had to open upthe bill, consider a section, open
up the Code, look at the section from which it was taken, and then look at
these lists to see what categories, they came under and then ultimately we
got hold of' an annotation-which was prepared for the purposes of the
Minister-of the sections of the bill, giving some reasons in some of the cases
Why the changes were made or why a section was dropped or why a new section
I }Vas added. This annotation is just a simple~sized document like this, as you
I can see, of about 160 pages. When we got this annotation we were able to
move a little more quickly on some of the sections because we got some idea
of the reasons impelling them to make the changes.
5
/, .ftt;,.. .
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iii,.";, I

6 STANDING COMMITTEE /~',' BANKING 'AND COMMERCE 7


"'f .;,
There seemed to be some pressure about getting this Code into the Senate '~the course of its 'work on Bill He, your subc<?npnittee has considered
and out of committee and over to the Commons for them to deal with it this the:r~port of the Royal Commission on tlie lteVision of the Criminal Code, sub-
year. As we applied ourselves to this job we felt more and more convinced . mitbid to the Minister of Justice on F~bru8ry 22nd, 1952, and noted the obser-
that it was impossible for us to give proper consideration to this, and to finish vations contained therein. We have been impressed by the work done by the
it in time for any accepted conclusion of the sittings of the house this session. Coi¥unission and feel that it has made a valuable contribution to the study of
As a result of that, we had several sessions with the minister. First of all the Criminal l a w . . \ ' .
members of the subcommittee, together with the leader,' went over and had tt~our subcommittee notes, however, the conduding paragraph of the said
a session with Mr. Garson. We pointed out to him some of the difficulties which report which reads as follows:-
we were running into, and the revisions we had to make, as a result of which . ~ j, Your Commissioners desire to state that as to some of the provisions
we felt we' could not do 'a good job unless we took the time and examined' every "::. of the draft bill there was a difference of opinion. While the draft bill
section. In order to make doubly sure I went back to see the Minister the . , ' presented reflects in some respects the view of the majority orily, no useful
next I day, because there seemed to be a feeling in some quarters, as it was .,' . ,,~: purpose can be served by indicating specifically the matters in which
communicated to me, that if we were to apply ourselves diligently we could ~W{ i differences of opinion were not fully resolved.
do this job within a reasonable time. I went back and dispelled that notion,
"~"'While your subcommittee is of the opinion that members of Parliament
and his final answer to me as Chairman of the subcommittee was that what he
must:always seriously study legislation, it feels that, in view of the paragraph
wanted first was a good bill, the best he could get, and secondly, that if that
required carrying over from this session, then that was all right as far as he
qUQ~. in
the Commissioner'S Report, it must exanune this bill most carefully
was concerned. The first thing he wanted was to be a'ble to tell the House of andYiFUte the time necessary to consider thoroughly the many alterations in the
pr,elil~t law which it propo.e..~.: ,
Commons that it was the best bill that could be drawn, and that it carried
;'i'!~;'Ilour subcommittee discussed ,some features of the bill with the Minister
the best judgment of the Senate. We told him very strongly that we were
of Justice who agreed that the bill should not be dealt with hastily, for as he
not prepared to put our recommendation on anything that we had not looked
, saidWIwant to have a job done thoroughly; I want the best possible law to be
at in the light of what we had found when we checked the various sections.
That is the background of the report which you have before you; the tinal result of your efforts." .'i ,

",During the course of our examination of "the bill, we secured from the
I think this report should be incorporated into the Minutes of our Pro- oqicials of the Department of Justice several explanatory memoranda, giving in
ceedings today. There are some appendices referred to, which may also be some cases the reasons for changes made in the present law. The memoranda
printed, because in that way the House of Commons will have available the are appended to'this report and we recommend that they be printed in the pro-
work that has been done. We have not finalized all the sections. As a matter ceedings of the main Committee for the information of the members of the
of fact we have left a number of them for the consideration of t~is main Senate and of the House of Commons. The labours of your subcommittee
committee. With this in mind, possibly the best proceduJe would be to read members would have been considerably lightened and more progress could
this report. It will not take very long, even though it may look formidable, . have been made if these and other notes had been printed with the bill when it
and explain some of the things we ran into so that you will appreciate some
of the difficulties we encountered. It is proposed that we shall continue, within
was originally submitted to Parliament.
We are of the opinion that, when important measures are submitted to
the limits of our time, to review additional sections of the Code, but so far Parliament, the fullest possible explanations 'should be printed opposite the
as this subcommittee is concerned we are satisfied now that it is just physically clauses of a bill, to enable members of both Houses to appreciate readily their
impossible to do this job in' time for consideration by the Commons at this effect and the reasons for their enaetroent. It is impossible for members with
session. The report reads: limited' time and research facilities to deal, satisfactorily with complicated
Your subcommittee was appointed by resolution of the 20th day of May, ' legislative measures without full explanations readily available by those respon-
1952, and consisted of the following members of the Committee appointed by sible for the drafting of the legislation.
the Chairman pursuant to the said resolution:- Your subcommittee,' at the beginniJag of its work, considered the clauses
The Honourable Senators:-Bouffard, Hayden, Farris, Hugessen, Fogo, of the bill in numerical order but, after considering the first 124 clauses,
Roebuck, Haig, Vien, *Robertson. realized how much time had been expended in comparing proposed clauses with
The members of your subcommittee have individually given considerable the relevant sections of the present Code, and how long it would take to so
study to the bill in detail and have held several sittings of the subcommittee complete the full 748 clauses of the bill. The attending officials were asked to
at which officers of the Department of Justice were present and have given prepare a memorandum showing the clauses in which substantive changes had
explanations of some of the changes made by the bill in the Criminal law as been made in the law, and so from clause 124 on the subcommittee has dealt
at present exi~ting under the Criminal Code. with the clauses which the officials considered embodied substantial alterations
The lack of satisfactory explanatory notes appended to the bill has made in the law now in force, leaving for later consideration the remainder of the bill.
the task of your subcommittee most tedious and difficult, and has delayed the The CHAmMAN: You will recall we dealt with the definition section, and
Committee's progress. A great deal of time has been spent checking the clauses I think it took us several hours to deal with about forty-four definitions that
of the new bill as against the corresponding sections of the present Criminal were in the definitions section. We have incorporated here the changes which
Code.
we made in that section. .
The bill would enact what would be in many respects a new Criminal law
for Canada. It proposes many changes in the law which call for most serious . . Hon. Mr. DAVIES: In all cases of contempt of court?
and thoughtful consideration by members of the Senate and House of Commons I The CHAmMAN: Yes. I might just pause fora moment. There is no
who are under our constitution responsible for the enactment of the Criminal provision for appeal from contempt of court proceedings-the decision of the
law. judge who determines that there has been contempt and imposes a penalty,
is final and the feeling of the committee was that there should be an appeal.
• Ex officio member.
l'I .,.!J,~

8 STANDING COMMITTEl:
'~~ , BANKING AND COMMERCE 9
Hon. Mr. DAVIES: Has there not been an appeal in the
"Star"? '
CB$e of the Windsor ,~ Hon. Mr. VIEN: Then would it not be preferable to have this subcom-
~'mittee'8 report printed and qistributed and taken into account by this com-
The CHAIRMAN: I have been wondering as much as you! have how they '''{f'mittee next week?
hope to carry their appeal. '
The CHAIRMAN: That is exactly what'we are doing, only we think that
Hon, Mr. DAVIES: They were fined $1,000 and $100, and they have ; we could not just hand this report to the Hansard reporter and tell him to
appealed.
.write up a set of minutes of the meeting oj the general committee; we felt
Hon, Mr, ROEBUCK: I don't know how they have appealed. There is no we had to gather the committee and present the report to them, and whatever
appeal given,
comment there is' in the course of the meeting can go in the record. Then
Hon, Mr, DAVIES: They are reported in the press to have appealed the case. everybody will have a copy of the printed record to study by himself.
Hon, Mr, ROEBUCK: There is no appeal in the civil law that I know of. Hon. Mr. VIEN: When this report goes to the House of Commons, do they
There has been much comment on arbitrary powers exercised by a judge to "then appoint a committee to go over it all again?
call somebody before him in court and be judge, jury, executioner-all com-
bined. He levies the fine, if it is a fine, or imposes imprisonIll-ent; and that The CHAIRMAN: They can.
is that. ' lIon. Mr. VIEN: They have to.
:II The CHAIRMAN: We felt that that was an important question, but it was
not one on which the subcommittee thoaght it should make the final decision.
. Hon. Mr. ROBERTSON: Up to the moment this is a report of the subcom-
Plitt~e.
We have expressed our views to this general committee; that is, we think
11jj there should be an appeal in such cases to the appropriate appellate court. :'t The. CHAIRMAN: The bill was introduced in the Senate. It still will have
,Jl It is up to the maih body of the committee to decide (i) whether there should
to be dealt with in committee by the Commons.
'it " be an appeal, and (ii) the extent and the circumstances and conditions under Hon. Mr. ROEBUCK: That all depends. It might go to committee in the
-I
which an appeal should be given. It may be that, having raised the question, Commons and' it might not. It is government legislation.
1
we could consider the rest of the report and then you could make your .i. Hon. Mr. VIEN: A bilLof this importance could not be dealt with by the
decision. Possibly that would be the better way to deal with it. Do you , ~,house without being referred to a special committee or a standing committee.
1'" think we should deal with these matters as we go along, or go through the , The CHAIRMAN: Well, that is their problem when they get it. We have
whole report and then come back and deal with them?
"j
;1"
I" Hon. Mr. VIEN: Can I have a copy of the report? I am a member of the .
enough problems 'of our own in dealing with this.
Hon. Mr. ROEBUCK: I suggest the Chairman proceed.
t~
su bcommittee.
The CHAIRMAN: Well, we have so referred to you. The CHAIRMAN: (reading):
t Hon. Mr. VIEN: Why cannot we have enough of these things to go around? Clauses 1 and 2 of the bill were amended in the Main Committee and
The CHAIRMAN: Because we did not have time to prepare them. agreed to as amended:- i

Hon. Mr. VIEN: It is not reasonable that the committee should have to deal , Page 3, lin(i! 47: Delete "or" and SUbstitute "and".
with the report before having a copy of the report before them. Page 4, lines 35 to 39, both incl'U8ive: Delete sub:-clause (25) and substitute:
The CHAIRMAN: It will be printed in the proceedings of today. (25) 'motor vehicle' means a vehicle that is draWn, propelled or
Hon. Mr. VIEN: Well, then, is there any very great urgency? driven by any means other than by muscular power but does not include
a vehicle of a railway that operates on rails:
'The CHAIRMAN: Not to deal with it, but there is urgency in reporting to
the. general committee the work that hG\s been done. Your subcommittee took over at this point, and has dealt with the follow-
Hon. Mr. VIEN: That is what we are doing now? clauses of the bill al! .set out hereunder: ~
The CHAIRMAN: That is what we are doing now. Clauses 3, 4, 5, 6 and 7 were passed.
Hon. Mr. ROEBUCK: I suggest we go ahead and read the report and not Clfluse 8 stands for consideration of the whole Committee. ,The sub-
attempt to deal with it in detail as we go along. Then perhaps we will hav~. ommittee understands that the sutnmllfY power of punishment for contempt
time to go over it and pass it or deal with it one way or the other. But the ,t court has been given to courts to prevent any attempt to interfere with the
important thing this afternoon is to get it on record and give 'the membllrs of ~i1dministration of justice and that it is priinarily for the protection of the pUblic.
the committee some notice of what the problems are,. and then perhaps they f'¥evertheless it is' felt that there should be an appeal in such cases to the'
may send us back to continue our work. ,;;;i).ppropriate appellate coutts. .
Hon. Mr. VIEN: But I understand that the Prime Minister has annQ~ced " :: Clausel{ 9 to 38 inclusive, are passed. Clause 15 on page 10--shouid be
that this bill will not be passed at this session. t~ feconsiq.er~. De facto law is made a complete defence and it was pointed out
Hon. Mr. ROEBUCK: Oh, no, he did not go so far as that. Pardon me; you ~~;would have protected Riel' in the west and Mackenzie on Navy Island. The
may be better informed than I am; but I read in the papers that he said that;' ~.~rieed
.It"it
for such an enactment is open to question.
unless the bill was reported by us two weeks prior to the date of prorogatiQz/ '~"'" Clause 39, page 17, line 8: After "or" insert "does not "--clause as amended,
it would not be dealt with this session. You may be perfectly sure that we , ;~passed.. " • .
will not report this within two weeks of the end of the session. ~::~. Clause40-passed. ~.J.

~I<
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!i~ 10 STANDING COMMITTEE


f( BANKING AND COMMERCE 11
I,; :/
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Clauses 41 and 42. We recommend changes as follows:- the ~ Committee should decide whether they are going to group the mem-
r
\,"!
Page 17, line 20: Delete "land" and substitute "real property". beniJi( the military forces and of the R.C.M.Police in relation to these offences,
Page 17, line 23: Delete "land" and substitute "real property". or w~ther they are going to consider the R.C.M. Police as a civilian organiza-
f'
i( Page 17, line 26: Delete "land" and substitute "real property". tion{1P be put on a different level from the military.
Page 17, line 31: Delete "land" and substitute "real property". Clauses 64 to 71, both inclusive. Passed.
Page 17, line 36: Delete "land" and substitute "real property". Clause 72. We recommend that it be deleted as being archaic. In the
Page 17, line 38: Delete "land" and substitute "real property", event of our suggestion being approved, clause 73 should be divided into two
Page 17, line 47: Delete "land" and substitute "real property". clauses to preserve subsequent numbering of clauses.
Page 18, line 2': Delete "l,md" and substitute "real property".
[.,Hon. Mr. ROEBUCK: Clause 72 deals with duelling. According to the bill
Clause 43, amended as follows:- anY,.person who challenges or attempts by any means to provoke another
Page 18, line 9: Delete "master". person to fight a duel, or attempts to provoke a person to challenge another
Page 18, line 11: Delete "apprentice". perSOn to fight a duel, is guilty of an indictable offence and is liable to imprison-
This clause protects persons in authority when inflicting punishment, such men~.for two years.
as school teachers, parents, etc. We recommend deletions above mentioned as ..The CHAIRMAN: Yes, a duel'under the bilI is not made an offence, but if
obsolete. you.. provoke some person to a duel or if you attempt to provoke a' person to
Hon. Mr. ROEBUCK: It gives the master or officer in command of a vessel challenge another person to fight a duel, that is an offence. We thought that
on a voyage the power to strike an apprentice, just as a school teacher does this did not make sense, and we suggest it be struck out.
a child. Hon. Mr. DAVIES: The whole clause? .~.r
The CHAIRMAN: Yes. The CHAIRMAN: Yes, the clause dealing with any person who challenges
Clauses 44 and 45. Passed. or attempts by any means to provoke another person to fight a duel, or attempts
Clauses 46 to 50, both inclusive, which deal with treason and treasonable to provoke a person to challenge another person to fight a duel. We think it is
offences are to stand for consideration by the Main Committee together with archaic.
clause 55. Hon. Mr. VIEN: ,Even though it is archaic it may be well to leave it in the
The CHAIRMAN: We felt that this was a very important section. I omitted Act. I think a duel should remain a criminal offence.
to state earlier that we have received a considerable number of briefs from . The CHAIRMAN: Duels are not criminal offences, but the act of provoking
various organizations in Canada. Since this is beihg reported verbatim I shall : a duel is a criminal offence. That does not seem to make sense to us, but that
make no other comment about it, other than to say that this is one of the:' is a matter for the Main Committee to decide later. We have made our
subjects they raised for discussion-the offence of treason as contained in the recommendation.
Code at the present time. Hon. Mr. ROEBUCK: It should be pointed out too that a duel may be
Hon. Mr. VIEN: Has the subcommittee any recommendation? attempted murder. It is certainly a breach of the peace. It is an assault, and
The CHAIRMAN: We have certain recommendations to make in this regard, it is covered in other sections of the Cqde.
but we thought it would be advisable to make them later. "Hon. Mr. VIEN: Why should it not be a criminal offence to provoke a
Hon. Mr. ROEBUCK: When we come to discuss it later we shall have person to fight a duel? Why should it not be a criminal offence? We do not
opinions to express and recommendations to make. wish to return to the ages when a duel was considered to be a noble gesture.
Clauses 51, 52, 53 and 54. Passed. Han. Mr. FOGO: If this is, to be discussed later, perhaps we could save time
by moving along now.
Clause 56. Passed.
Hon. Mr. VIEN: Yes.
Clause 57 is to stand for consideration of the Main Committee.
The CHAIRMAN: This clause deals with offences in relation to members of The CHAIRMAN (Reading):
the R.C.M. Police. Generally the section sought to place the R.C.M. Police on Clauses 73 to 75, both inclusive. Passed.
the same basis as members of the military forces, and we felt that this should J Clause 76 is to be redrafted to read as follows:
be reflected upon and considered further. We did not feel that the R.C.M. Police Page 26, delete lines 33 to 37, both inclusive, and substitute:
should be regarded in the same position as the members of the armed forces. 76. Every one who, while in or out of Canada,
Hon. Mr. ROEBUCK: It is a civilian organization and not a military (a) steals a Canadian ship, or
organization. (b) steals, or without lawful authority throws overboard, damages or
The CHAIRMAN: Yes. destroys anything that is part of the cargo, supplies or fittings in a
Clauses 58 to 61, both inclusive. Passed. Canadian ship,
Clause 62 is to stand for consideration by the Main Committee. Han. Mr. ROEBUCK: This has not changed the substance of the clause in
Clause 63 is to stand for consideration by the Main Committee. the bill, but it has made a clumsy expression into a more businesslike expression.
I
This clause 63 deals with offences in relation to military forces and the .The 'CHAIRMAN (Reading):
R.C.M.P. ;,,(!lauses 77 to 80, both inclusive, are to stand for redrafting and discussion
The CHAIRMAN: The reason for having this clause 63 stand for the con- of the policy of the law in the Main Committee. Redraft of the clauses is
sideration of the Main Committee was that it is a question of policy. We think sUQm,itted for purposes of discussion, as follows:
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12 STANDING COMMITTEE ...... , BANKING AND COMMERCE 13

77. Everyone who unlawfully 'has be~ defined and that the obligation oil the accused is oppressive and
(a) causes an explosion of an explosive substance that does bodily harm unjust. The following redraft of subclause (3) has been prepared for purposes
to any person, or of discWlsion: .
(b) causes an explosion of an explosive substance that is likely to . It;.. 90. (3) Every one who is an occupant of a motor vehicle in which
endanger life or to cause serious damage to pr2perty, whether or not he knows there is a firearm commits an offence unless some occupant
life is endangered or property is damaged thereby, .;;O.f .the motor vehicle has a valid permit in Form 42 or Form 44 relating
is guilty of an indictable offence and is liable to imprisonment for life. 'to that firearm, but no person shall be convicted of an offence under
this subsection where he establishes that he had no reasonable means
Hon. Mr. ROEBUCK: I am not satisfied with this clause even as it has been of ascertaining whether' an occupant of the motor vehicle had a valid
redrafted. It does not satisfy the objections made in the subcommittee. For .~t relating to the firearm.
instance, what about mining people who are using explosives all the time?
Then there are explosives used in construction work on streets, and used in Th~ ,CHAIRMAN: A8 it was drawn there was not that protection in it at
vast quantities to dig canals for hydro-electric poweJ;'. Here we say, "Everyone fill, ~we have recommended this change.
who unlawfully causes an explosion ... ". That is to say, if he did not have a ~Mr.. DAVIES: What did they say about that permit?
licence to use explosives and is likely to endanger life, it constitutes an indic- ThEt~CHAIRMAN: This is the redraft we have made.
table offence and he is liable to be imprisoned for life. What' is hit at, of The original section 90, subsection (3) simlfiy said:
course, is such an action as that of the MacNamara's when they blew up the
Times Building in Los Angeles. " Every one who is an 'occupant of a motor vehicle in which he knows
~tbereis a firearm commits an offence unless some occupant of the motor
Hon. Mr. FOGO: Bombs.
'i vehicle has a valid permit in Form 42 or Form 44 relating to that
The CHAIRMAN (Reading): firearm. .
,t'oO.
78. Every one who.
We-~have felt. there should be some basis of knowledge. What ability or
(a) with intent to do bodily harm to any person, opporitiftlW did the occupant of the motor-car have to know that there was
(i) causes an explosive SUbstance to explode, a permit? There might be a firearm in the glove compartment of the car, and
(ii) sends or delivers to a person or causes a person to take or if you sat in the car, unless you catechized the person when you got in the
receive an explosive substance or other dangerous substance or car and said, ''Mister, is there a gun in this car, and jf'ao, have you a permit?"
thing, or
(iii) places or throws anywhere or at or upon a person a corrosive you might be liable. 'That was the way the law was drafted, and the only way
fluid, explosive substance or' any other dangerous substance or you could protect yourself. So we have drafted this to make it more reasonable.
thing; or Hon. Mr. EMMERSON: Does that mean a permit is necessary to carry a
(b) wilfully does anything to cause an explosion of an explosive sub- gun?
stance that is likely to endanger life, The CHAIRMAN: Yes.
( c ) makes or has' in his possession or under his control an explosive Hon. Mr. EMMERSON: What about an ordinary hunting licence? Is that a
substance with intent thereby to endanger life or to enable another permit to carry a gun in a car?
p~rson thereby to endanger life, .
The CHAIRMAN: Your hunting permit is a permit to hunt.
is guilty of an indictable offence and is liable to imprisonment for life.
79. Everyone who Mr. MACNEILL: This is a firearm as defined for the purpose of the Code.
(a) with intent to destroy or damage property, places or throws an Hon. Mr. McINTYRE: Does that include anybody who goes out for sport
explosive SUbstance anywhere, and has a gun of his own? Can he not take that without a permit?
(b) does anything with intent to cause an explosion of an explosive The~HAIRMAN: No, this section does not deal with that. This section deals
substance that is likely to cause serious damage to property, or with an attempt to create a series of offences in relation to unregistered fire-
(c) makes or has in his possession or under his control an explosive arms; and the P9lice apparently have difficulties at times: there will be firearms
substance with intent thereby in a car and no\peraon owns them or knows anything about them. So- they
(i) to cause serious damage to property, or were attempting to make it an offence that "Every occupant of a motor-car
(ii) to enable another person thereby to cause serious damage to in which he knows there is a firearm commits an offence unless there is a
property, permit". We felt that that is too sweeping, so we have cut it down in section 3
is guilty of an indictable offence and is liable to imprisonment for by saying that no person shall be convicted of an offence under this subsection
fourteen years. where he establishes that he had no reasonable means of ascertaining whether
Clause 80. This clause stands for consideration of th,e Main Committee. an occupant of the motor vehicle had a valid permit relating to the firearm.
The CHAIRMAN: This deals with persons possessing explosives without . Hon. Mr. DAVIES: But would he not have a means of ascertaining? In the
lawful excuse. majority of caseS w:here you think there would be a gun carried in the car you
Clauses 81 to 89, both inclusive. Passed. would be suspicious. I mean, anybody might carry a gun in the glove com-
Clause 90. This clause stands for discussion in the Main Committee. We partmellt of 'a car, but it would be very seldom'..that a law-abiding citizen
are of opinion that as worded in the bill it is too sweeping as motor vehicle would do so.
'11'''' '-'- .,,\ -;#<...;,

14 STANDING COMMITTEE BANKING AND COMMERCE 15

The CHAlliMAN: Without such a change as we have made, in order to/ otherwise provided in any federal., or provincial statute the penalty was-
protect myself I would have to say to the man, "Have you a valid permit?" if , either. one or two years, I have forgotten. In the bill they have taken out any
I saw a gun there, and if he did not answer me I would have to get out of the reference to a provincial statute., If you have a federal statute which enacts
car right away, otherwise I would be guilty of an offence. an offence and no penalty is provjded in the statute, the penalty will be under
Hon. Mr. ROEBUCK: The purpose of the legislation was to help the police section 164. The feeling of the departmf:Iltal officers and the committee was
in the case of these bandits who are picked up and firearms are found in their that when a province passes a statu~ it should be able to provide its own
,~ motor-car, but nobody admits/ownership. In order to get over that difficulty penalties or have a manifest provision which will show what the particular
'" they make a sweeping provision of this kind. The result is tllat if you get into penalties are when the provincial statute does not say so,
a motor-bus or into a railroad train-I think railroads are included here-and Hon. Mr. ROEBUCK: Most of them ,do.
you see a gun, you had better get out just as fast as you can, or else go around The CHAIRMAN: (Reading)
and find out whether there was a permit for that gun-which of course you
could not do. Clause 108. Passed.
Clause 109 is amended as follows:-
The CHAlliMAN: A "firearm" is defined as meaning a pistol, revolver, 01' Page 39, line 10, delete paragraph (a) as "misconduct" is undefined.
firearm that is capable of firing bullets in repeated succession during one
What is misconduct?
pressure of the trigger; so you can say it is limited toi a certain type and situa-
tion. A hunting rifle would not come in that category. Section 109 provides:
Every peace officer or corOI~er who, being entrusted with the
Hon. Mr. FOGo: An automatic shot-gun or an automatic rifle. execution of a process, wilfully
The CHAlliMAN: Yes. (a) misconducts himself in the execution of the process, or
Hon. Mr. EMMERSON: There are no guns made with one pressure of the (b) makes a false return to the process, is guilty of an indictable offence
trigger. There used to be one, but I don't think there is now. and is liable to imprisonment for two years.
The CHAlliMAN: (Reading) We suggest the deletion of paragraph (a), because "misconduct" is unde-
Clauses 91 to 103, both inclusive. Passed. The way I use the word "pass" fined and we did not know what it meant. We asked the officials, "What does
only means that we pass them. The general committee is entitled to review it mean? Give us some kind of an ex;ample of that", and they were powerless
any of this. to' give us an example. They said they didn't know what it means and were
Clause 104 is amenqed as follows:- powerless to give us an example, so it has no business to be there.
Page 38, line 4, after "deceit" insert "unlawful" Hon. Mr. GOUIN: I would suggest that if his conduct amounts to a criminal
Page 38, line 5, after "other" insert "unlawful". offence he would be punishable under the section.
. The clause as it appears in the bill would prohibit any influencing by The CHAIRMAN: They have not defined the word "misconduct". The report
perfectly lawful means. continues:
This clause deals with ,municipal corruption. Clauses 110 to 116, both inclusive. Pal?sed.
Clause 117. This clause speaks of fabricating evidence for a proposed
The subsection reads:
proceeding. It is a question' whether anything is evidence until it is used as
"Every one who by threats, deceit, suppression of the truth or other such, and the subcommittee amended the clause to read:
means, influences or attempts to influence a municipal official to do any- 117. Every one who with intent to mislead, fabricates anything
thing mentioned in paragraphs (c) to (f) of subsection (1) is guilty of with intent that it shall be used as 'evidence in a judicial proceeding, by
an indictable offence and is liable to imprisonment for two years." any means other than ,Perjury or "incitement to perjury is guilty of an
We have suggested that after the word "deceit" in line 4 on page 38 the indictable offence and is liable to imprisonment for fourteen years.
word "unlawful" be inserted, and that after "other" we insert the word "unlaw- Hon. Mr. DAVIES: How would that work?
ful". As I have said, the clause as it appears in the bill would prohibit any The CHAIRMAN: The wording of the paragraph as set out in the Code is
influencing by perfectly lawful means, so we thought the element of "unlawful"
should be inserted before you create an offence of this kind. this:
"Everyone who, with intent to mislead, fabricates evidence for the purpose
Clauses 105 and 106. It was objected that "office" should be defined. of a judicial proceeding, existing or proposed, by any means other than perjury
These sections deal with selling and purchasing offices. or incitement to perjury is guilty of an indictable offence and is liable to
Hon. Mr. Roebuck: Anyone who "purports to sell or agrees to sell an imprisonment for fourteen years."
appointment to or resignation from an office". Han. Mr. DAVIES: Do you' mean physically fabricating something that is
The CHAlliMAN: We don't know what kind of office they are talking about. going to be put in as evidence?
We thought that "office" should be defined. 'rhe CHAIRMAN: Yes. .,
Clause 107. Passed. We point out that the offence of disobeying ~ provin- :flon. Mr. DAVIES: Fabricating would constitute perjury, would it not?
cial statute, which is included in the present section 164 of the Code, has been The CHAIRMAN: Not necessarily.
dropped. . I Hon. Mr. ROEBUCK: It might frequently be perjury.
That section 164 is the section that provided the sting in the legislation / 'The CHAIRM4N: That would be so if the person who fabricates and who
that w~ passed at a special session when the railways stopped running, a couple tells -the story is the same person, but somebody might do the fabricating and
of years ago. The meat of that section provided that where no penalty was have a series of witnesses to unfold the tale.
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16 STANDING COMMITTEE ·· .•'1 BANKING AND COMMERCE 17
\ \;:}f. /
Hon. Mr. ROEBUCK: Or leave it in such a way that an innocent witness ,,:, ~f When this was being discussed there was some question with regard to the
will use it in a court. duty. of the judge to warn the jury of the necessity for corroboration, and it
The CHAIRMAN: We thought that the words, "Everyone who, with intent may' be that it was on that ground that we stood this.
to mislead, fabricates evidence for the purpose of a judicial proceedings, exist- ,'.,'<t. The CHAIRMAN: It relates' ba~k to section: 131, and I think we stood it on
ing or proposed . . . . " was too indefinite. The possibility of speculating there ~. basis of the requirement of .corroboration.
is teriffic, and so we have revised the section in the Code so as to make it clear. ~~{ Hon. Mr. DAVIES: According to the Criminal Code as it now reads, is it
Clause 118. Passed. necessary that tl,1e evidence in connection with an offence against a girl, let us
Clause 119. Sub-clause (d) to be inserted after sub-clause (c) of clause say' rape, be corroborated in court? '
125. . 'J. Hon. Mr. ROEBUCK: There have been changes made under the bill and
Hon. Mr. ROEBUCK: That is merely re-arranged, and it is unimportant. they'are very important ones. Under the Act the judge must warn the jury
Clause 120. Passed. I thilt' it is unsafe to convict in an event of non-corroboration of the plaintiff's

Clause 121 standing for consideration of the Main Committee. story, but they may convict if they feel like doing so under the bill. They
The CHAIRMAN: We left this for the consideration of the Main Committee, C~uld not under the old Code.
and the section in the bill reads: ~>':I The CHAIRMAN: I would refer the ~ominittee to subsection (3) of section
Everyone who asks or obtains or agrees to receive or obtain any 131 of the bill, which reads:
valuable consideration for himself or any other person by agreeing to , ' "In proceedings for an offence under'subsection (2) of section 138
compound or conceal an indictable offence is guilty of an indictable or section 143, 144 or paragraph (b) of section 145 the burden of
offence and is liable to imprisonment for two years. proving that the female person in r~lIpect of whom the offence is alleged
Hon. Mr. VIEN: There is no change there? to have been committed was not of previously chaste character is upon
the accused.
Hon. Mr. ROEBUCK: It is new. Anyone who agrees to compound or conceal
an indictable offence is himself guilty of an indictable offence. .'1"; 'We decided that this clause under discussion should stand so that the
Main Committee could consider the question of corroboratioI).. That is a matter
Mr. MACNEILL: Concealing is somewhat analogous to compounding. It 'Vvhich the Main Committee will have to decide upon. We hesitated when
consists in concealing or permitting the concealment of felony. Concealing dealing with it because we felt that possibly there should be corroboration
is the common law offence of misprision of felony. That offence is obsolete' 'at required. '. The report continues:
the present time. That is the note in Tremeear.
. Clause 139 is amended as follows:- '. ,"
The CHAIRMAN: We thought that we would bring this section to your Page 46, line 16, after "137" delete "or"and after "138" insert "140 or 142".
attention. The report continues:
The clause as-amended is passed. It provides that no male pers.on shall be
Clauses 122 and 123. Passed. deemed to commit the offence of rape, attempted rape or having sexual inter-
Your sub-committee dealt with the followin~ clauses of the Bill which course with a female under fourteen years of age, if he himself is under
were reported by officials of the Department of Justice to change in substance fourteen years of age. The subcommittee is of opinion thut if this exemption
the provisions of the present Criminal Code, as follows: is to remain at all, to be consistent it should also cover clauses 140 and 142,
Clauses 124, 125, 129 and 130. Passed. indecent assault and incest.
Clause 131. The provisions with regard to corroboration in charges of Clause 140. Passed.
sexual offences were ordered to starid pending preparation of a memorandum Clause 145. In offences of intercourse with a female employee, the present
on the subject by the departmental officials. The memorandum is attached as Code, section 213 subsection (2), permits the judge to instruct the jury that if
Appendix "A" to this report. the accused is not wholly or chiefly to blame for the commission of the offence,
The CHAIRMAN: You will have a memorandum which will show all the they may find a verdict of acquittal.
offences and the provisions with regard to corroboration in respect to them. ;. I This safeguard is dropped in the Bill.' The subcommittee. is 6f opinion
The report continues: . that it should be restored. It accordingly recommends that present subsection
Clauses 132 and 133. Passed. (2) of section 213 be added as subclause (2) of clause 145, to read as follows:
Clauses 135 to 137, both inclusive. Passed. . (2) On the trial of any offence against paragraph (b) of this section,
Clause 138. Stands. . the trial judge may instruct the jury that if in their view the evidence
The CHAIRMAN: I do not recall what clause 138 stands for. What was the does not show that the accused is wholly or chiefly to blame for the
purpose of having that stand? commission of the' offence, they may ~nd a verdict of acquittal.
Hon. Mr. ROEBUCK: I do not know why we stood it. It reads: The CHAIRMAN: That is the offence created by section 145(b), and section
145(b~ creates this offence:
Every male person who has sexual intercourse with a female person
who . 'Every male person who has illiCit sexual intercourse with a female
person of previously chaste character and under the age of twenty-one
( a ) is not his wife, and years who
( b) is under the age of fourteen years, (i) is in his employment,
whether or not he believes that she is fourteen years of age or more, is . i (ii) is in a common, but not necessarily similar, employment with him
guilty of an indictable offence and is liable to imprisonment for life and is, in respect of her employment or work, under or in any way
and to be whipped. subject to his control or direction, or
'6966~2
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18 STANDING COMMITTEE BANKING AND COMMERCE 19

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(iii) receives her wages or salary directly or indirectly from him, Page 48, line 10, delete "such a purpose" and substitute "the purpose of
i{ is guilty of an indictable offence and is liable to imprisonment for two publication, distribution or circulation".
1~
years. Page 48, line 14, delete "such a purpose" and substitute "the purpose of
j Now we feel that there may be all kinds of compensating factors con- publication, distribution or sale".
Ii nected with the commission of an offence under these circumstances, and i Clause 154. Passed.
"..,
I', therefore the safeguard which is in the present section of the Code should '. Clause 157. This clause refers to endangering the morals of a child and is
remain. If the judge forms the opinion that the man is not wholly or chiefly a greatly condensed version of Code section 215 (2) to (6). The subcommittee
to blame for the commission of the offence, he should instruct the jury that ·i:.feels that this clause should stand for "'ull discussion and consideration by the
they may find a verdict of acquittal. D;lain committee.
\.'.: All you have to do is to read the section to appreciate the broadness of it,
Han. Mr. DAVIES: But a judge very often instructs a jury and then they do
not pay attention to his instructions. and the question whether it shQuld be enacted in the form in which it is, or
'<.whether we should safeguard it. It says:
The CHAIRMAN: We cannot say it is not an offence, because it becomes .; 157. (1) Every one who, in the home of a child, participates in
a question of fact for the jury to decide whether it is so or no.t.·
adultery or sexual immorality or indulges in habitual drunkenness or
Hon. Mr. DAVIES: I should be inclined to leave it the way it is. any other form of vice, and thereby endangers or is likely to endanger
The CHAIRMAN: In the Code, yes, but the bill changes it, so we· say that the morals of the child or renders or is likely to render the home an unfit
the Code section should be put back; that is our recommendation. place .for the child to be in, is guilty of an indictable offence and is liable
Clause 149 is amendcd as follows:- to imprisonment for two years.
Page 48, line 5, delete "act or gross indecency" and substitute "unnatural (2) In proceedings under SUbsection (1) is it not a defence that a
sexual act". . child is not old enough to understand or appreciate the nature of the
As drafted, 149 is a sweeping section. It reads: conditions that prevail in the home or the nature of the acts that are
Everyone who commits an act of gross indecency with another alleged to have taken place in the home, or to be immediately affected
person is guilty of an indictable offence and is liable to imprisonment thereby•.
for five years. (3) For the purpose of this section, "child" means a person who
is or appears to be under the age of eighteen years.
Section 206 of the Code relates to gross indecency with a male person.
This has been carried into the bill omitting any reference to sex,. and so may (4) No proceedings shall be commenced under subsection (1) with-
cover anything which the Court may in its opinion deem indecent, which is out the consent of the Attorney General, unless they are instituted by
much too unguarded. Evidently it is sexual indecency that is in mind and the or at the instance of a recognized society for the protection of children
subcommittee is of opinion that the clause 'should ,be amended as set out above. or by an officer of a juvenile court.
Han. Mr. DAVIES: What is the difference between "gross indecency" and Of course there is an infinite variety of situations you can imagine under
"indecent assault"? f57, and whether every one should be swept into this section or not is a matter
which should be debated. The purpose of the section is perfectly good, but
Hon. Mr. ROEBUCK: Well, you get the definition of "assault", to begin with. whether it is too sweeping or not is something which has to be considered.
It is the application of force or the threat of force on the person of somebody
else when the person threatening is in the position to carry it out. That is in
.:f.t Clause .159. Nudity. It is a question whether the clause as presently
/:;.~orded is not wide enough to cover, .for example, the shower-room of a golf
substance the definition of "assault". '··,·Club. In the corresponding section of th0 Code, section 205A, this possibility
The CHAIRMAN: "Indecent assault" might proceed quite involuntarj,ly as '~.,i:'was protected against by requiring the consent of the Attorney-General before
far as one of the parties is concerned. \i'i,;41 charge was laid but this protection was dropped in the bill. The omission
Hon. Mr. ROEBUCK: Yes. There are two parties to an iIldecent assault, the i;"'l.VaS thought to be more serious in view of the fact that the section has been used
;~~ith respect to the Doukhobors,and the subcommittee is of opinion that the
person assaulting and the person assaulted. But an act of gross indecency may Jlfsubsection requiring consent should be restored as sub-clause (3) of clause
be perhaps by only one party. . ~t 159 to read as follows:- ..
Hon. Mr. DAVIES: Something like indecent exposure. ~i(3) No action or prosecution for a violation of this section shall be
Hon. Mr. ROEBUCK: But what is "gross indecency"? I don't know, because ;~,:~: commenced without 'the leave of th~ Attorney-General for the province in
it has never been defined. It was not defined in the old Code, because toe term '::'" '. which the offence is .alleged to have been committed.
was always used in connection with the act of a male person which imported Hon. Mr. FOGO: Do the DOukhobors play golf?
the sexual idea. They dropped that out, but left "gross indecency" in the open, Hon. Mr. VIEN: Or take showers?
so anything which you or I might think indecent is covered by this clause as
we now find it in the bill. The CHAmMAN: I cannot say whether they take showers, or play golf,
either. There are political considerations involved in handling the Doukhobors,
Hon. Mr. DAVIES: But to constitute indecent assault there must 'be some and the provincial authorities are better acquainted with these political impli-
assault on a person. /
. cations than the federal authority. Therefore we feel that in that regard, and
Hon. Mr. ROEBUCK: Yes, there must have been some person assaulted. 'I also having regard to how broad the language of the sectlon is, there should
The CHAIRMAN: We come now to "offences tending to corrupt morals": be some liInitation so that people could not go "haywire" in preferring charges
Clause 150 is amended as follows:- of nudity. . For instance, section 159 reads: .
59664-2i
'''Ii

20 STANDING COMMITTEE
BANKIN(1 AND COMMERCE 21
(1) Everyone who, without lawful excuse, (a) is nude in a public
place, or (b) is nude and exposed to public view while on private the offence which is disturbing the generaJ,public, or Her Majesty's subjects,
property, whether or not the property is his own, is guilty of an offence is just a distortion which we felt shows no concept of a common nuisance at
punishable on summary conviction. all . .
(2) For the purposes of this section a person is nude who is so clad , Hon. Mr. ROEBUCK: It is a complete answer to the suggestion that this Code
as to offend against public decency or order. has been so thoroughly gone over by the officials that we should open our
motiths 'and' swallow it. It is a complete answer because no first-year law
We feel that when you use such broad language to lay the limits of the studEmt would have passed that section if he had read it, and I cannot think
offence of nudity there should be some saving clause where somebody should it was passed by these commissioners after a reading and understanding of
show a little sense or discretion in a situation which would lend itself to what they were passing. It is an outstanding piece of draftsmanship. It says:
abuse. , A common nuisance is an unlawful act or omission to discharge
Hon. Mr. DAVIES: No one is nude unless they are completely nude, a legal duty, which act or omission endangers the lives, safety, health,
Hon. Mr. ROEBUCK: They might be, under this: property or comfort of the public, or by which the public are obstructed
For the purposes of this section a person is nude who is so clad ill the exercise or enjoyment of any right common to all His ~Iajesty's
as to offend against public decency or order. subjects.
There is the low neckline! Everyone is guilty of an indictable offence and liable to one year's
imprisonment 'or a fine who commits any common nuisance which
The CHAIRMAN: (Reading) endangers the lives, safety or health of the public, or which occasions
Clause 160. Passed. injury to the person of any individual.
In clause 161 we provide against disturbance of religious services.
The 'CHAIRMAN: (Reading) They strike out the definition and say that anybody who commits an
unlawful act and thereby injures an individual commits a common nuisance.
Clause 161 is amended as follows:-
Hon. Mr. FOGO: You have been reading from the Code as it stands?
Page 52, line 21, after "wilfully" insert "wilfully and without lawful excuse".
Page 52, line 26, after "(2)", insert "wilfully and without lawful excuse". , Hon. Mr. ROEBUCK: Yes, now let me read from the bill, having got the
Under the clause as presently worded, a property holder is powerless to Code in your minds:
<10 anything to disturb an assemblage of persons camping on his lawn. Everyone commits a criminal common nuisance who does an
Clauses 163 and 164. Passed. unlawful .act or fails to discharge a legal duty and thereby
(a) endangers the lives, safety or health of the public, or
Clause 165. Nuisances. Section 221 of the Code defines a common nuisance
as an unlawful act or omission to discharge a legal duty, which act or omission (b) causes physical injury to any person.
endangers the lives, safety, health, property or comfort of the public,or by ,~Hon. Mr. DAVIES: That is the bill?
which the public are obstructed in the exercise or enjoyment of "any right f:'·Hon. Mr. ROEBUCK: Yes, the bill is absurd.
common to all His Majesty's subjects".
·Y:;;\Hon., Mr. FOGO: You might drive on the wrong side of the street.
Section 222 of the Code makes it an indictable offence to commit a
common nuisance which endangers the lives, safety or health of the public, ,,:0, Hon. Mr. ROEBUCK: Yes, and if anybody strikes another person that would
or which occasions injury to the person .of any individual. b~ an unlawful act, and it would come within this clause.
In the Bill the definition of common nuisance is omitted, and in effect .' 2,; The CHAIRMAN: It is a complete misconception of what. a common nuisance
gives an entirely new and remarkable definition. It says, "everyone commits i~ t::.1 shall continue reading from the report:
a criminal common nuisance who does an unlawful act or fails to discharge a :~The subcommittee requested a redraft of this clause, to read as follows:-
legal duty, and thereby (a) endangers the lives, safety, or health of the public, '<: 165•. (1) Everyone who commits: a common nuisance and thereby
or, (b) causes physical injury to any person". So ,that an unlawful act causing .. (a) endangers the lives, safety or health of the public, or
physical injury is according to the bill a common nuisance. Such an act is (b) . causes physical injury to any person, is guilty of an indictable
already defined as "common assault" .. offence and is liable to imprisonment for two years.
Hon. Mr. DAVIES: Can a common nuisance be committed against an (2) For the purposes of this section, everyone commits a common
individual? . nuisance who does an unlawful act or fails to discharge a legal duty
The CHAIRMAN: The basis or essence of an offence of a common nuisance and thereby
(a) endangers the lives, safety, health, property or comfort of the
must be damage to the public. The report continues:
public, or
From sub-clause (a) the words "property or comfort" of the public are (b) obstructs the public in the exercise or enjoyment of any right that
committed, and also "obstructing the exercise or enjoyment of any right . is common to all the subjects of Her Majesty in Canada.
common to all His Majesty's subjects". The latter course, at least, is. very 168. Passed.
important. 171. Re: S,earch with or without warrant. Subclause (3) says,
The CHAIRMAN: So we have made a redraft of it, restoring the definition the .Court before whom anything that is seized under this section
of a common nuisance. That is, you have got to preserve some essential basis is brought may (a) declare any money or security for money so seized
of criminal law in your approach to it, and just to make a physical injury to and forfeited, and (b) direct that anything so seized other than money
another person a common nuisance, without carrying it into the essence. of or security for money shall be destroyed, or if' required for evidence,
after it is no longer so required. There is no provision for notice to the
'~'. \

22 STANDING COMMITTEE BANKING AND COMMERCE 23

rightful owner, or even to the accused, and the subcommittee requested subclause does say, however, that section 5 of the Canada Evidence Act applies.
a redrafting of the clause to provide for the claiming of the goods by That is to say, that a person who knows of the law may protect himself against
someone so disposed and the giving of a lag in time of 30 days before the use of the evidence so extracted from him in any subsequent proceeding
forfeiture is declared or until the proceedings are completed. other than perjury by ch~iming the benefit of the section, but, as the individual
will not be represented by a lawyer under such circumstances, only the well
The CHAIRMAN: We did not feel in the execution of a search warrant they initiated will know 'enough to claim.
should be able to bring whatever they seized before a magistrate or justice of
Hon. Mr. ROEBUCK: Once he answers the question without claiming the
the peace and get an order for the immediate forfeiture or an order for the
privilege he is sunk. We felt that you have to proceed on the basis that a lot
immediate destruction of the materials. 'We thought that there might be a
.', of people do not know what section 5 of the Canada Evidence Act provides.
rightful claim and a good defence, and that therefore there should be a lag
in time before forfeiture is declared. The report continues: Hon. Mr. DAVIES: Or even ,what the Canada Evidence AC,t is.
The redraft of the clause reads as follows:- The CHAmMAN: That is right. Our suggested draft is that instead of
. referring to section 5 of the Canada Evidence Act, put the provision of section
171. (1) A justice who receives from a peace officer a report in
writing that he has reasonable ground to believe and does believe that 5 in there, and then they have to read that to him, and he understands what
his ppsition is. The report continues::The sub-committee is of opinion that
an offence under section 176, 177, 179 or 182 is being committed at any
the provisions of the Canada Evidence Act in this regard should be written
place within the jurisdiction of the justice, may i~sue a warrant under
into the clause. The clause has been redrafted to read as follows:
his hand authorizing a peace officer to enter and search the place by
day or night and seize anything found therein that may be evidence 174. (1) A justice before whom a person is taken pursuant to a
that an offence under section 176, 177, 179 or 182, as the case may be, warrant issued under section 171 or 172 may require that person to be
is being committed at that place, and to take into custody all persons examined' on oath and to give evidence with respect to
who are found in or at that place and requiring those persons and things (a) the purpose for which the place referred to in the warrant is or has
to be brought before him or before another justice having jurisdiction, been used, kept or occupied, and
and be dealt with according to law. (b) any matter relating to the execution of the warrant.
(2) A peace officer may, whether or not he is acting under a (2) A person to whom this section applies who '"
warrant issued pursuant to this section, take into custody any person ( a) refuses to be sworn, or
whom he finds keeping a common gaming house and' any person whom (b) refuses to answer a question.
he finds therein, and may seize anything that may be evidence that such may be dealt with in the same manner as a witness appearing before
an offence is being committed and shall bring those persons and things a superior court of criminal jurisdiction pursuant to a subpoena.
before a justice having jurisdiction, to be dealt with according to law. (3) No evidence that is given by a person under this section may be
(3) Except where otherwise expressly provided by law, a court, used or received in evidence in any criminal proceedings against him,
judge, justice or magistrate before whom anything that is seized under except proceedings for perjury in giving that evidence.
this section is brought may Clause 178. Stands. A proposal to amend section 235 of the Code is now
(a) declare that any money or secutity for money so seized is forfeited, before Parliament. If the amendment is made, it should be written into this
and clause.
(b) direct that anything so seized, other than money or security for The CHAmMAN: That amendment has been made by the Senate. That was
money, shall be destroyed, " the bill we had before us in connection with race meetings, and it is in the
if no person shows sufficient cause why it should not be forfeited or Commons now, so that section 178 in the bill will be amended by incorporating
destroyed, as the case may be.
these provisions. The report continues:
( 4) No declaration or direction shall be made pursuant to subsection
(3) in respect of anything seized under this s~ction until Clause 180. Passed.
(a) it is no longer required as evidence in any proceedings that are Clause 184. Passed.
instituted pursuant to the seizure, or Clause 186. Section 241 and following sections of the Code refer to
(b) the expiration of thirty days from the time of seizure and such failure to provide necessaries, and, if death is caused or life endangered, or
further time as it may be required as evidence in any proceedings. health has been or is likely to be permanently injured, penalties are provided.
(5) Nothing in this section authorize.s the seizure, forfeiture or The destitution or necess~ty of the person injured is thus a prime element in
destruction of telephone, telegraph or other communication facilities ,the offence.
or equipment owned by a person engaged in providing telephone; tele- The CHAIRMAN: This is where they get completely off base again. The
graph or other communication service to the public or forming part of essence of the offence under the Code as it stands is the destitution or necessity
the telephone, telegraph or other communication service or system, of of the person injured; that is, the harm done to the public. The report continues:
such a person. The Bill drops this prime requisite entirely, and places a "leg a, duty" on
Clause 174. This gives the police power to bring a person accused in the parent, husband, guardian, etc.; to provide necessaries, and provides penal-
connection with a disorderly house before a magistrate, where he may jbe ,ties for he who fails "without lawful excuse, the proof of which lies upon him,
examined on oath, and in event of his refusing to answer, may be dealt with to provide necessaries."
as a witness appearing before a Superior Court of criminal jurisdiction, that is, In view of the fact that the legal duty is pronounced by statute without
sent to jail for contempt of court. This is a most drastic inquisition. The qualification, the only lawful excuse for not providing the~ would be such as
'Y#
" ,
:~!~~-;;.
24 STANDING COMMITTEE • '0i~' BANKING AND COMMERCE 25

adulterjT in the case of a wife, and perhaps inability on the part of the accused.
j.~.
procuring, by false evidence, the conviction and death of that human being
Thus the wife, child or ward might be rolling in wealth, and far better off than ;i~tby sentence of the law." A more despicable method of securing the death of
the husband, father or guardian, and yet the latter be guilty of a criminal 'W"'"Q fellow creature could hardly be imagined. No explanation is given for its
offence for not adding to their abundance. This is a complete change in the ;'~continuation in the bill.
principle of the law. The subcommittee ordered the section to stand so that Hon. Mr. ROEBUCK: And we are asked to swallow this thing holus bolus!

r'
the provision with regard to destitution or the endangering of health could be ;',;;' The CHAl:RMAN: What we are,doing is, we are raising for your consideration
reinserted.' '
'~'\~'iwhether or not a person who 'causes the death of a human being by procuring
We feel that the basis of the offence of failing to provide necessaries has
been removed. As a result, they say that in law there is liability and, if you
by' false evidence his .c~nviction and his death by hanging should be exempt
are guilty under this section, it is a criminal offence, without taking into account \,t,!rom a charge of homICIde. '
the quality of the person to whom the right is given. After all, the concept a
Hon. Mr. FOGO: For example, perjurer.
must be harm resulting from what has been done or neglected. )!:t . The CHAIRMAN: Yes. That might be one way. He might be a material
Hon. Mr. DAVIES: Does this bill come to us straight from the Commission, ~wItness.
or has it been reviewed? ;,~~~~: Hon. Mr. FOGO: That is, if his evid~ce was the key evidence leading to
The CHAIRMAN: It has been reviewed in the department. :::"":~onviction, and that were capable of being established.
Hon. Mr. DAVIES: It is the minister's bill? :~~): The CHAIRMAN: Yes. (Reading)'
"

The CHAIRMAN: Yes. Clause 198. Passed.


Clause 202. Passed.
Hon. Mr. ROEBUCK: You mean, it comes from the department.
Clauses 204 and 205. Passed.
The CHAIRMAN: (Reading) Clause 212. Passed.
Clauses 189 and 190. Passed. The next clause deals with attempts to commit suicide:
Clause 191. Criminal Negligence. This clause says, that "everyone is Clause 213. It is suggested that attempt to commit suicide should be an
criminally negligent who shows a wanton or reckless disregard for the lives or offence punishable on summary conviction and should not be indictable. Our
safety of other people (a) by doing anything". This actually says that everyone feeling was that a poor persor\. who had made his attempt had had considerable
by doing anything shows a wanton or reckless disregard for the lives or safety punishment in the course of trying to commit suicide, and if he ever recovered,
of other persons and is criminally negligent. . and r.ighted himself, there should be some penalty because it would give the
The subcommittee ordered subclause (1) to be redrawn to read as courts some jurisdiction over him to give him treatment if he needed treatment,
follows:- but that that was more de~irable than simply inflicting a long term of years
191. (1) Everyone is criminally negligent who as punishment. ' ,',
( a ) in doing anything, or Hon'. Mr. ~OEBUCK: You cannot make'an attempt at suicide no offence at all,
(b) in omitting to do anything that it is his duty to do, because if the police come upon somebody who is attempting· to commit suicide
shows wanton or reckless disregard for the lives or safety of other it is most necessary that they shall be able to arrest' him and carry him into
persons." custody, but such person should be taken before a magistrate, and one can
You may recall that, when the minister had finished his explanation in hardly imagine the man being indicted and taken before a jury. It should be a
the Senate, I asked him about this section, because the way it read seemed to . summary offence.
be rather unusual. As defined in the bill: Hon. Mr. FOGO: It may be a question whether a magistrate might be liable
191. (1) Everyone is criminally negligent who shows a wanton or to be more severe than a jury.
reckless disregard for the lives or safety of other persons Hon. Mr. llOEBUCK: But the magistrate would refer him to a psychiatric
(a) by doing anything, or hospital for examination.
(b) 'by omitting to do anything that it is his duty to do. The CHAIRMAN: We have made it a summary offence, which means a
(2) For the purposes of this section, "duty" means penalty of $500 and/or six months.
(a) a duty imposed by law, or Hon. Mr. ROEBUCK: That is right,-or both.
(b) a duty for the breach of which a person may be found liable in civil The CHAIRMAN: (Reading)
proceedings." ,
Clause 216. Passed.
Those tests present all sorts of difficulties, because there may be a civil Clause 217 (b) is questioned.
proceeding pending, the judge is trying a criminal proceeding, and he is going It is questioned mainly because we do not know what they mean by the
to adjudicate in effect on the civil proceeding by telling the jury "This man language. The section says: ..
has committed an offence of which he may be found liable in civil proceedings". , , 217. Everyone who administers or causes to be administered to any
That is an instruction he gives them before the civil case has ever been tried. person or causes any person to take poison or any other destructive or
We thought that was a very back-handed way of trying Jo define "criminal noxious thing is guilty of an indictable offence and is liable
negligence", so we have made the definition which I have quoted. This seem:r' (a) to imprisonment for fourteen years, if thereby he endangers the life
a direct and straightforward way of stating the offence, and if you compar~ . of or causes bodily harm to that person, or
the two you will realize how much more intelligible it is. (b) to imprisonment for two years, if he aggrieves or annoys that
Clause 194. Homicide. Subclause (6) exempts a person from an accusation person or does it with intent thereby, to aggrieve or annoy that
of homicide, "by reason only that he causes the death of a human being by person.
."",.

26 STANDING COMMITTEE
BAN~lNG AND COMMERCE 27
Frankly, we did not know what that meant, and you can understand why question, and then the. bill goes on to give an alternative, "or is adequate to
we have been proceeding cautiously and hesitantly in examining these sec- warn them that the opening exists". Although an act may be adequate to
tions. We have "questioned"-that is a mild way of putting it-this particular warn, a warning is frequently not adequate to prevent accidents, and this
section.
new law, the sub-committee ordered deleted, that is to say, they struck out
Hon. Mr. DAVIES: Do you think what they mean is that if it is given by the words "or is adequate to warn them that the excavation exists" and
a doctor of medicine it is not given to aggrieve or with intent to annoy? . Qrdered the clause to stand for further discussion as to whether "the legal
The CHAIRMAN: No, this deal with one who "administers or causes to be duty to guard it" sufficiently expresses the prohibition.
administered to any person or causes any person to take poison or any other :t. "Tho CHAIRMAN: We did not think it did.
destructive or noxious thing". The penalty is two years if he aggrieves or Hon. Mr. ROEBUCK: I have been thinking about this since, and I think we
annoys the person; that is, if a noxious thing or a poison does not do its should make that "and" instead of "or". Let it read:
work and endanger the life or occasion bodily harm, but only aggrieves him.
~:":" . . . to guard it in such a manner that is adequate to prevent persons
What is the quality of aggrieving or annoying a person' or the "intent" to
uggrieve or annoy"? from falling in by accident, and adequate to warn them that it exists".
We struck out the words "adequate to warn them that the opening exists"
Han. Mr. ROEBUCK: If they had said it does bodily harm we would have
understood it. because to do that alone is. not sufficient. You might put an ad in the news-
paperd and that might be described as "adequate to warn them that it exists"
The CHAIRMAN: That is in subsection (a). but that should not relieve them from the obligation to protect it.
Han. Mr. ROEBUCK: Yes, but in subsection (b). ; Hon. Mr. DAVIES: Should it state what is adequate?
The CHAIRMAN: We think it has no place in that section. Hon. Mr. ROEBUCK: The Code itself does do that, but they have dropped
Han. Mr. ROEBUCK: It is new law, by the way. that out froin the bill.
The CHAIRMAN: Yes. . The CHAIRMAN: We think that the provisions of the old section are good
Clause 220. Section 282 of the Code states with considerabJe particularity and possibly should be restored.
the offence of epdangering lives by interfering with a railway such as throw- :';~. Hon .. Mr. DAVIES: Some of the protections around manholes are very
ing a log on the track and so on. The bill substitutes the words "common inadequate. .
carrier", and in so doing places outside the protection of the criminal law, ~";;,- The CHAIRMAN: The brief continues:
railways which are not common carriers, and there are many in Canada, .~;:rB';Clauses' 231 and 232. Passed.
running to mines, or in the lumber woods, or industrial plants. .;f~Clauses 266 and 267. Passed.
The clause has been redrawn to read as follows:- -'Clauses 269 and 270. Passed.
220. Everyone who, with intent to endanger the safety Qf any ~"'4 Clause 273. Section 351 of the Code refers to obtaining electricity and
person le'iephone and telegraph service. "Gas" has been added in the Bill. In carry-
( a) places anything in, upon or near, or iog the section into the Bill, the wasting of gas or electricity is not covered as
(b) does anything to the word "maliciously" has been omitted. The sub-committee ordered that the
any property that is used for or in connection with the transportation wQrds "maliciously or" be inserted before the word "fraudulently" in the first
of persons by land, water or air is, if death or bodily harm is likely to l~ of the clause so that the prohibition would cover both the taking of it for
be caused to persons thereby, guilty of an indictable offence and is ~e":~by the thief, or the maliciously wasting of it.
liable to imprisonment for life. :,~ ,Clauses 283 and 284., Passed.
"hL Clause .287. Passed. .'
Clause 221. Subclause (2) requires everyone in char~e of a vehicle
'-,~,Clause 292. In subclause (4), line 42, page 96, "aeroplane" was struck
involved in an accident to stop his vehicle, offer assistan<;e and give his name
and addl ess. He must offer assistance whether it is required or not, and outr-and the word "aircraft" substituted therefor.
"vehicle" is wide enough to cover everything from a locomotive to a wheel- ".~Clauses 293 and 294 .. Passed. . .
barrow. W·Clause 299. This clause is amended by inserting before the word "theft",
Thi~ sub-committee ordered the paragraph to stand for reconsideration iIi;JJ,ne36, page 98, the words "the off.nce of".
and redrafting, so as to insert "when required" after "offer of assistance", ·(.;~r· The CHAIRMAN: This is really one of the wonderful ones, is it not, Senator
and a reconsideration of the word "vehicle". Roebuck?
Clause 225. Passed. Hon. Mr. ROEBUCK:' Yes.
Clause 227. Passed. The CHAIRMAN (Reading):
Clause 228. Section 287 of the Code places a burden upon persons cut- I
Clause 301. Under the present Code, it is permissible for the Crown, when
ting holes in ice, cl.igging shafts for mines, or excavations upon lands, to Cparg\ng receiving or retaining stolen goods, to rebut the presumption or
fence the dangerous property.' "
evldence of lack of kIJ,owledge that the goods were stolen by evidence that the
The bill has omitted all particularity, substituting the "legal duty" to
accused was on a previous occasion guilty of having stolen property in his
guard it in such a manner that is adequate to prevent persons from 'falling
possession. This is of course extraordinary proceeding, for it puts the accused
in by accident. This is literally the equivalent of the detail previously men-
on trial for previous offences, while the policy of E{lglish criminal law is to
tioned in the Code, but nevertheless the loss of the particularity is open to
exclude the record of the accused, and try him on the offence charged.
28 STANDING COMMITTEE BANKING AND COMMERCE 29

In carrying this provision to the Bill, this privilege of the Crown is widened include any article or substance which a provincial legislature made unlawful.
so that evidence may be given of the possession of property obtained by "an The Code is thus placed at the disposal of the provincial legislatures in
offence punishable by indictment". Property may be obtained by offences banning inter-provincial trade.
punishable by indictment totally different in character from the theft of goods, The subcommittee ordered the word "anything" to be struck out, and the
such as forgery, false pretences, a rubber cheque and numerous other such words "intoxicating liquor" to be replaced, thus, preserving the law as it has
acts. The clause as drawn may put the accused on trial for his entire record. been in the past. .
The sub-committee ordered the clause to stand to be redrafted and to be The clause is amended as follows:-
limited to evidence of receiving or obtaining, that is, the possession of stoien Page 115, line 24, strike out "anything" and substitute "intoxicating
goods only. liquor". /
The clause as redrawn reads as follows: Clause 350. Passed.
301. (1) Where an accused is charged with an offence under section Clause 353. Passed.
Clause 355. This clause is amended as follows:-
296, 297 or paragraph (b) or (c) of subsection (1) of section 298 in
Page 119, line 4, after "is" insert ", unless the Court otherwise
respect of stolen property, evidence is admissible at any stage of the
proceedings to show that property other than the property that is the orders".
subject matter of the proceedings. Clause 362. Passed.
Clause 365. This clause -is amended as follows:-
(a) was found in the possession of the accused, and
Page 122, line 22, after "railway" add "that is a common carrier".
(b) was stolen within twelve months before proceedings were com-
menced, Clause 366.' Passed.
Clauses 368 and 369. Passed.
and that evidence may be considered for the purpose of proving that the
Clause 373. Passed.
accused knew that the property forming the subject matter of the pro-
Clause 377. Passed.
ceedings was stolen property.
Clause 384. Passed.
(2) Subsection (1) does not apply unless Clause 387. This clause stands at the request of the Department of
(a) at least three days' notice in writing is given to the accused that in Justice. Representations are being considered from veterinary organizations.
the proceedings it is intended to prove that property other than the Part X-Clauses 391 to 405, both inclusive. Passed.
property that is the subject matter of the proceedings was found The CHAmMA.. : These sections deal with currency offences, and there
in his possession, and will be a new Act with respect to that. The report continues:
(b) the notice sets out the nature or description of the property and Clauses 406 to 408, both inclusive. Passed.
describes the person from whom it was stolen. Clause 413. The subcommittee is of the opinion that an offence by the
Clause 302. Passed. holder of a judicial office should be excluded from the operation of sub-
Clauses 314 and 315. Passed. clause (2). .
Clause 318. Passed. The CHAmMAN: Mr. MacNeill, would you very briefly explain the purpose
Clause 320. Subclause (1) (c) makes it an offence to destroy, damage or of this? '
obliterate an "election document, which by subclause (2) means any writing Mr. MACNEILL: This is the clause which authorizes a court of criminal
relating to an election held under the authority of an Act of the Parliament 'jurisdiction to try indictable offences other than those enumerated. The sub-
of Canada or of a legislature". Any writing relating to an election may be committee felt that an offence committed by the holder of a judicial office
almost anything, and the sub-committee ordered the clause to be redrawn .$hould not be tried by a judge but should be tried by a judge and jury.
making it clear that the document is issued by an official with respect to any f. Hon. Mr. ROEBUCK: We did not think that a judge should be under obliga-
election held pursuant to any such Act. • 'tion to try another judge.
The amendment reads as follows: The CHAmMAN: That is right. It does not make sense.
Page 106, lines 20 to 23, both inclusive, strike out subclause (2) and Hon. Mr. FOGO: He would not be able to elect.
substitute the following: j

The CHAmMAN: That is right.


(2) In this section "election documents" means any document
Hon.' Mr. DAVIES: But it is done now under the Act?
or writing issued under the authority of an Act of the Parliament
of Canada or of a legislature, with respect to an election held Hon. Mr. ROEBUCK: Official corruption under the Code must be tried by a
pursuant to the authority of any such Act. jury, and we have left it to that.
Hon. Mr. DAVIES: You do not mean that if a judge commits a criminal
Clause 321. Passed. offence he cannot be tried by another judge?
Clause 323. Passed.
Hon. Mr. ROEBUCK: No, not a criminal offence, but official' corruption.
Clause 331. Passed. : .. Then he must go to a jury.
Clauses 336 to 342, both inclusive. Passed. ':' The CHAmMAN: The report continues:
Clause 344. section 412 of the Code makes it an offence to obtain the
The clause has been redrafted to read as foUows:-
carriage of intoxicating liquor by false billing intq a county, province, district . /
or other place, where the importation is unlawful. This provision is carried 413. (1) Every superior court of criminal jurisdiction has juris-
diction to try any indictable offence.
into the bill but was extended to the carriage of anything, so that it would
'.
,.
t!,
;". BANKING AND COMMER.CE 31
STANDING COMMITTEE
30
Our next proposed amendment deals with a' case where, the evidence of
(2) Every court of criminal jurisdiction has jurisdiction to try an
the witnesses called on behalf of the prosecution having been taken down and
indictable offence other than read;"'the justice shall address the accused as follows or to the like effect."
(a) an offence under any of the following sections, namely, In the bill they just insert these words:
(i) section 47, . Having heard the evidence, do you wish to say anything in answer
(ii) section 51, , to the charge? You are not bound to say anything, but whatever you
(iii) section 52, ~. do say will be taken down in writing and may be given in evidence
(iv) section 53, .. . against you at your trial.
(v) section 75,
(vi) section. 76, We feel that the old warning was much better. I will read our recom-
(vii) section 206, mendation:
(viii) section 207, Clause 454. The subcommittee recommends that the form of address to
(ix) section 210, the ~ccused be restored to its original wording as found in section 684(2) of the
(x) paragraph (a) of subsection (1) of section 316, Criminal Code, which reads as follows:-
(xi) paragraph (a) of section 408, (2) • . . . Having heard the evidence, do you wish to say anything
(xii) section 411, or in answer to the charge? You are not bound to say anything but whatever
(xiii) section 412. you do say will be taken down in writing and may be given in evidence
(b) the offence of being an accessory after the fact to treason or murder; against you at your trial. You must clearly understand that you have
or nothing to hope from any promise or favour and nothing to fear from
(c) an offence under section 100 by the holder of a judicial office. any threat which may have been held out to you to induce you to make
any admission or. confession of guilt, but whatever you now say may
Clause 416. Stand. be given in evidence against you at your trial notwithstanding such
Clauses 418 and 419. Passed. promise or threat.
Clauses 422 and 424. Passed.
Clauses 427 and 429. Passed. In other words we thought that this full warning is necessary and advisable
Clause 432. Passed. and should be given.
Clause 433. Passed. Clause 460. Passed.
Clause 434. Passed. Clause 461. Passed.
Clause 435. Passed. Clause 463. . Passed.
Clause 445. Passed. Clause 464. Passed.
Clause 446. Passed. Some representations had been. made to us in connection with the next
Clause 447. The subcommittee recommends that the clause be amended clause we deal with:
to restore the original requirement of proof being made on oath or affirmation Clause 727. Under this clause, appeals are to be heard on the evidence
of the handwriting of the justice who issued the warrant. I taken at the trial. Under the present appeal provisions of the Code the appeal
This is the case of where a warrant is issued in one jurisdiction and the from a summary conviction offence is a trial de novo.
accused is or is believed to be in another jurisdiction, and the warrant has to The subcommittee has had representations made to it to the effect that the
go to the justice in the other jurisdiction and he endorses it so that it can be clause should be. amended to preserve the present method of hearing appeals.
executed there. We thought that the signature of the justice on the original The. subcommittee recommends that this change be made in the bill.
warrant should be verified in some way before the second justice is required As stated, at the present time an appeal from a magistrate going to a
to act on it. county court judge may be by way of a trial de novo unless the parties consent
Clause 450. This clause should stand for further discussion and to malte use of the transcript of the evidence before the magistrate as the basis
clarification. for arguing the appeal. The new bill proposed to do away with the provision
It is a complicated clause, dealing with elections, and there are a number for a trial de novo and simply states that the transcript of evidence before the
of things in it which we thought were not clear, and we wanted to have a magistrate would be the basis for disposing of the appeal. There have been a
discussion of it with departmental officers, which we have not had, so we lot of representations that the trial de novo should be restored. Very often
decided that the clause should stand. the man who comes ·before a magistrate does not appreciate the importance
Clause 451 deals with "powers of justice": Our report states: of the charge against him; he does not even have a lawyer; so there is a
Clause 451. This clause is amended as follows:- perfunctory sort of trial, where he has not a proper concept of what is good
Page 154, line 24, before "informant" insert "prosecutor or". or sufficient evidence; the case is tried, and if the new section in the bill should
Page 154, line 44, after "adjourned" add "with the consent of both become law he is locked in with that, and on that ,basis he has got to argue
the prosecutor or informant and the accused or his counsel". his appeal.
The first amendment we suggest is in a case where a prisoner comes Hon. Mr. ROEBUCK: He is "sunk".
before a justice, and the inquiry is adjourned, and he is at large on bail. We The CHAIRMAN: We have said that if all the parties, the Crown and accused,
thought that the old section was the proper one, that, with his consent and are satisfied with the transcript, the judge may deal with the appeal on the basis
that of his sureties and the prosecutor or informant the man might be remanded of the transcript; if they are not, then the trial takes . place all over again.
for more than eight days. It is too much trouble running about trying to find We think that is a very good and wise provision and should be retained, so
an informant who may not be in court when the case comes up. So we thought
we recommend it.
it would simplify matters to add "prosecutor" as well.
3.:'~.,,\

32 STANDING COMMITTEE
BANKlNGAND COMMERCE 83
Hon. Mr. ROEBUCK: Some of the judges have expressed a desire that we
do not pass this clause, because, they say, they want to see the witnesses. How disposed of in Bill
A Bill
The CHAIRMAN: (Reading) No.

I. . . .
~:;- ·Corroboration now required
The subcommittE:e notes that its examination of the bill is far from complete. Retained cl. 47 (2).
74 ........ Treason ...... ···· .. ····,··· .. · .. • .... ····,········ .. Retained cl. 115.
There are 748 clauses ir. the bill and many of these have not yet been considered.
The considerable number of amendments recommended in this interim report ~rt::::::: ~~j~:lt~~· ~i'Si~i ·b.ii";"e$ i6'~nd'
is:::::::::::::::: •i43: ::: .. Retained cl. 131 (1).
212....... Seduction under promise of marriage ....•........... 144 ..... . Retained cl. 131 (1).
indicates the necessity for a complete examination. 2i~"I: ~ . . .... Seduc~lon of f08ter child. 8tep child or ward; Seduc- 145 ..... . Retained cl. 131 (1).
Hon. Mr. VIEN: Is this report of the subcommittee to be printed? '. ductwn of female emPlioyee ..................... .
214. . . . . .. Seductjon of female pasilenger on vesseL ......... . 146 ... __ . Retained cl. 131 (1).
The CHAIRMAN: Yes. 215. (1) ..• , Parellt or guardian prO!l\ll'ing defilem.e.nt .......... . 1Ii5 ...... . Retained cl. 131 (1).
Retained in part in 184 (3).
Hon. Mr. VIEN: Where? ,210: ...... Procuring· .. · .. :· .. · .. ·•····· .. ······ .. · .. ········· 184 .... .. SeeBbelow.
The CHAIRMAN: In the proceedings of the committee. It~ has been taken
;~i;.,..... HOUllebolder permitting! defilement ...•........... '1 156 .. , ... DroPMd, see,B below.
218: ...... Con8pi~acy to defile .. : ................ : ........ :; .. 408 (c} •.. Dropped. see B below.
down; it will be printed, and the appendices referred to will be attached; and 219 ....... Carrial:knowledge of uiiotll or deaf mutes ........ 140 .... .. Retained as to part 01 section.
retained. See B below.
it will be distributed.
Hon. Mr. ROEBUCK: Then we meet again and discuss the details that you
220•... :.·.
301........
ProStitution of Indian ~men; .. : ............... 'J'......... .
Carnal knowledge of girl under 14 ....... ;:.. ....... 138 ....•.
Dropped. see B below.
CI. 134 applies.
wish to discuss. .~. Carnlllknowledge of girl between l~d 16 ........ 138 ...... . See B below .
,307':'; .. :.. Communicating venereal disease ........ " .. ,... ... 239 .... ,. Retained cl. 239 (3).
Hon. Mr. VIEN: Next week, or later? :300 (2) .... Procuri:ng feigned marril'ge ......................... 242 ...... . Retained cl. 242 (2).
'4 ., ..... Forgery ................ ; ........... ·.,.... :·;·· .. ···· 310 (1) .. . Retained cl. 310 (2).
The CHAIRMAN: Yes. 41},;
470.
..... For~r.y.:: ............. ~ ............................... : ..... . Repealed 1950.
.: , r
Hon. Mr. ROEBUCK: In the meantime we are going on with this tre- 1003 (2) .. , Thisntquires corrob oration in cases of havini .'
mendously laborious job of checking these sections. . . .' attempting to have carpal knowledge of a girl under
14 or. in cases of indecent assault under IleC. 292
The CHAIRMAN: You have got to read every section. wheJ:e the evidence o( a child of tenp,1Il' ye""s is
admltted unsworn. : . . ."
Thereupon the committee adjourned. Section! 16 of the Canada Evidence Aot requires'
corroboration of the lUIsworn evidence of a llhild
. of tender lear8 in all cases. .
Subsection (1) Of section:lOO3 which a:ove).'llS the ad-
mission of suoh evidence'hae been dropped and
left tp the operation of' Sec. 16 of the Canada
" Evidence Act. The:y:have been held to be co-
extensive and their history ,hows them as comingl
frogl 'the same source •.
ClaUlleIi66 retains the requirement that suchevi-
de~ be corroborated: and it will apply generally.

B
Showi~g' where the requirement of corroboration has been dropped, replaced or added.
:~'216. Procu~j.ng.' Dropped in'lespect to 134(1) (i)-Living on; the avails of prostitution).
. It l':1UI ~n,idered tol~ incon~istent ;with the presnmptiO'll :railied by clause 184(2).
217. Blouaeholder pex:mitting defilement. This has been held to apply to houses of assigna·
tion:' It was thought that there wal no more"realon for rl1Auuing it in such cases than
in bawdy houle cases whete the Code doea Jlo.t now requir~ It. ,
218. Conspiracy. to de.file. . It was felt that it would be rarely, if ever, that the victim would
. be able to· prove the COllspiracy Jl,nd that ther.e wae .no 'more reason for requiriug cor-
roboration ,111 such cases t)lan in other cases of consplracy.
220. Pl'Ostltutioll of Indian Women. This was dropped at the request of the Minister of
mtizenship. 'and Immigration. In & letter da>ted Juue 15,: 1951, he stated iu part that
Indians'should be in the lame position as other citizens under the Criminal Code.
301. 'l'he requirement in clauae 134 setting out an instruction to be given to the jury is
substitlllted for the requirement of corroboration. There have been a number of instan~es
of attacks upon very youUg girls committed under circumstances where it' is difficult. if
not impOlll,ible, to obtain corroboration otthe evidence of the victim. Jt is probable
.tha.t in sOme .of such cases the offeneee, a;re committed by cl'imjnal sexual psychopaths.
It is, feU..that the issue of credibility should be. left to the jury under such a safeguaru
a8 clause 134 provides. : ' :
.\ Clause '134 involve. an' addedproviBion.""A .rule of practice requires .that the instruc-
tion set out in the clause be given in case. ,of rape. This rule of practice has hen codified
. to cover rape and attempts to oommit rape.
In dealing with corrCJIborati,on it may be mentioned that a similar rule of practice
, , applies with regard .to the evidence of accomplices. It has not been codified in that
respect and is mentioned here only because it might. apply in cases of incest.
219 .. 'Thil appears in clause 1400 omitting the reference to deaf mutes. This omission is
consequellt upon ,the case of R. 11. Probe, 79 C.C;C. 289. where it was held that it IllUHt
. be ahown that the woman was, by reason of .her infirmity; mentally and morally iucllpllble
of reaietmg the solicitations.
59664-3
34 STANDING COMMITTEE
BANKING 'AND COMMERCE S~ I
!
SECTIONS UNCHANGED OR CHANGED IN FORM ONLY
SECTIONS UNCHANGED OR CHANGED IN 'FORM ONLY

Bill No. :1
Code No. Bill No. Code No.
Bill No. . Code No. Bill No. Code No. I
'I;,
125 ............ 1 185, 189, 190. .. Changed in form
only. 172 ............ 1 640............ Changed in form
only. 219 ............. /281 ............ 1 Changedhlform 256... .. ....... 321............ Unchanged.
. only.
126 ............ 1193, 194, 195. .. Changed in form 257 ............ 322 ............ Unchanged.
only. 173 ............ 1640,641 (1) ..... Changedinform
only. 221.. ......... , 285(2).. .. .. .. . Unohanged.
258............ 323............ Unchanged.
127 ............ 1191,192 ........ Changed in form 222.,,...........
only. 175 ............ /230. .. .. .. .. . .. Changed in form ,', 2811(4) ......... Unohanged.
only.
;

259 ............. 324............ Unohanged.


223 ............ 2811(4)(a) ..... Unchanged.
128... ......... 186............ Unchanged. 260............ 325............ Unchanged.
176 ... .' ... '. ... 228,229 (1) .. ,.. Changed in form
. only. 224:0.:'.}; ..... 285(4) (b) to
131 (2) ........ 214 (2) ......... Unchanged. (e) ............ 1 Unchanged. 261 ............ 331 ............ Unchanged.
131 (4)........ 211 (2), 213 (2), I
177 ..... : ...... 235 (1)......... Changed in form
226 ... ;;~ ....... 1285(5) ......... Changedinform 262 ............ 319 ............ Unchanged.
301 (4)........ Changed in form only. only.
only. 179 ............ 1 236,442 (b) ..... Changedinform 263 .• : ......... 327 ............ Unchanged.
135 ............ 298 (1) ......... Unchanged. . only. 229 ............... 1288.289.595 .... 1 Changedinform
only. 264............ 328............ Unchanged.

137 ............ 300............ Unchanged. 181 ............ /442 (a) ••.• , ... Unchanged •
230. "~';.,. ..... 290.·........... Unohanged. 265............ 326............ Unchanged.
141.. .......... 292 (a), (b) .... Changed inform 182............ 228,229 (2). (4).
(6). (7)....... Changed in form 233 ... <;;~ ...... 1297 ............ 1 Changedinform 268 (a) ........ 335 (tl) .. ...... Changed inform
only. <;\. only. only.
only.
142 ............ 1204 ............ 1 Changed in form//183 ............ /li29 (8) .......... 1 Unchanged. 234 ...:II!...... 313............ Unchanged. 268 (b) ........ 335 (hJ ........ Unchanged.
only.
185 (a). (0) 235......... ... 315............ Unchanged. 268 (e) ........ 335 (j) ......... Changed inform
143 ............ /211 (1) ....... :. Unchanged. and (d) ....... 1 240 ............ 1 Unchanged. . only.
236 ... , ........ 316 ............ Changedinform 268 (d) ........ 335 (k) ........ Changed inform
144 ............ 212 ............ Changed inform 187 ............ 246 ............ Unchanged. ..',.' only. only.
only.
146 ............ 1214 (1) ......... Changed inform 188............ 248............ Unchanged.
237 ... ,·, ....... 303.304 ........ Changedinform 268 (e) ........ 1335 (/) ......... 1 Changed inform
only. only.
only. 194.... .. .. .... 250. 252. 253... Changed in form
147 ............ 1 202............ Changed in form only. 238.;:·......... 305 ............ Unchanged. 268 m........ 335 (8) ........ Unchanged.
only. 195 ............ 251............ Unchanged. 239 ............
',.
1. 307 ........... . Chani6d in form 271....... ...... 348............ Unchanged.
151 ............ 1 207A. .. . .. . . .. Changed in form
",~~,(
only.
196 ............ 257............ Unchanged. 272 ............ 349 (1) ......... Unchanged.
only. 240 .. ;;· .... : .. 13~; ......... ;. Changed in form
197 ............. 258............ Unchanged. only. 274... .. .. • .. •. 352............ Changed in form
152 ............ 1208 ............ Changed inform 1"1:; . .
only.
. only.
199 ............ 256 .... : ....... Unc~anged. 242"';';!'1.,~.':.~ .~09 (2),1002(d). U,nc~ged.
153 ............ 1209 (a). (b) .... Changed in form ";.') , . 275 ............ j3M ............ 1 Unchanged.
only. 200 .. : ......... 255 ...... : ..... Unchanged. 243... " ........ 310.948 ........ Changedlnform
ii" only. 2~6...:.: ...... 355 ............ Changed inform
201 ............ 259............ Unchanged. only.
155 ... " ....... /215 (1)......... Unchanged. 244.·~;~i. :...•••.. ~11 .•.....••... Changed in form
156 ............ 217 ............ Changedinform 203 ............ 261............ Unchanged. .i only. 277 ............ 1356 ............ 1 Unchanged.
only. 206... .. .. .. . .. 263............ Unchanged. 245:. ;'t;;...... 312.;.......... U'nchanged. 278 ............ 357 ........... . Unchanged.
158 ............ /205 ............ Unchanged. 246... 198 .. ;......... Unchanged. 279............ 378 (2) ....... .. Unchanged.
207 ............ 268 ............ Unchanged.
161............ 199. 200, and
208... ......... 268A........... Unchanged. . 247 ... :'......... 2 (23) ......... . Unchanged. 28~ ........ " l ' 285 (3) ........ . Changed in form
201.. . .. .. .. .. Changed in form only.
only. 209 ............ 306 ............ Unchanged. 248;.:!~ .....\." ,317 .......... .. Unehanged.
282 ............ 1390 ............ 1 Unchanged.
!
165 ............ /221,222 ........ 1 Cha.;gedinform 11),10 ........ : ... /264 ............ Changedinform' 249;;..·.··1.'. r...... 31,8, .......... . U.I1ohanged. ...111"~I... '1 '
-only. ~~. ~~.I·h" ,.' . • : ,:.: .. ::~:
" 3~. 431 (4).-
106 ............ 1 136 ............ Changed inform 250;:~~....... <133 ........... . Unchanged. 'c.. ~~; 638 and 990 .. _, C:nl'i!ed in form
251.~'~': •.. :.:·~ lJ34~.: ......... ..
only. 211............ 267..... ........ Unchani6d.
Unchanged.
: . II 286.,....... :.:.1 396 ........... . Changed in form
'~:
167 ............ /237 ............ Unchanged. 213 ............ 270 . .' ............ Uno4anged.
252.3tf'..:,\1' ••:••:; ... ::,•• Chani6d inform' . . ~nly.
169............ 985,986 (1). (2) 214 ............ 271 ............ Cli.angedinform only•.
and (3)....... Changed in form only.
·V· 288..., .~~N; .. .. /445. 446. 448 .... Changed in form
.' • 329 ... : ... , .... 1 Unchanged. only.
only,
170 ............ /986 (4) ......... 1 Changed in form
only.
215 ............ /272............ Unchanaed.'
218............ 276............ Changed inform
2M'J~''': .j!.. 1'330•........... . ChaniBd in form
&;,17·""" only.
289"";"""'1
, l:r
.
.'
i
447 ........ • .. • .. Changed
only. inform
only. ~-',' '

..255;J:~4r-Sl
••,t, .....• ;1'310........... 1Unchanged.' :290 ............. 449: ........... Unohanged.

;;,'If~~~-1
G6 . STANDING COMMITTEE . BANKINGAND.cOMMERCE) 3~

SECTIONS UNCHA:NGED OR CHANGED IN FORM ONLY SECTIONS UNCHANGED· OR CHANGJ!lD IN FORM ONLY

Bill No. Code No. ..;..


Bill No . : CoM No. Bill No. Code No.
t Bill No. Code No.

I
291... . . .. .. ... 450-454........ Changed in form 376 ............ \, 541 pt... L .... Unchanged.
only. 334 ............ 14,28 ............ 1 Changed in form 1£23 ........... . 586, 587 ... ~ .... 1 Changed in form
only.
295. . . . . . . . . . .. 464............ Changed in form
only. 378.: ...•.•.... 516A .... J•...•. Changedinform I

. only. 335 ............ 417 (a), (b)..... t;rnchanged.


I only. I~25 ........... . 604 ............ 1 Changod ill form
only.
296 ............ 399 ............ Unchanged. 343. .. .. . . .. . .. 4.14............ Changed in form 379 ........... '1 624 .:. .... I. .....
Unchanged. , i
only. 380 ............ 526 ...... ~ ..... Changedinform 426 ............ 1 606 ............ Changed in form
297 ............ 399............ Unchanged. .' only.
I only.
345.. . .. .. .. ... 417 (c).. .. .. ... Changed in form
298... . . .. .. ... 364, 365, 400 ~28 .. ·.......... , 645,714,787.... Changed in form
and 869. . . . . .. Changed in form
only. 381""""""1 527., ... .l ..... Unchanged. . only.
only. 346... . . • . . . ... 408,410........ Changed in form
pnly.
382 ....... : .... 529.L .... fI ..... Changedinform
only. ~30.;, •...•.... 630 ....... ~. ... Unchanged.
303.. .......... 404............ Unchanged. i

304... .... .. ... 405,407 (2).. ... Changed in form


347 ............ 409 ............ Changed inform
only. ,
'r
383 ............ 1 530 ..... i ..... Changed inform
only.
436 .......... .. 649............ Unchanged.
only. 1137 ........... . 600.. . ......... Changed in form
348 ............ 411 ............ Unchanged. only. '
385 ............ 1 536 ...... ~ ..... Changedinform I
305 ............ 406 (1) ......... Unchanged.
349 ............ 486 ............. Changed inform
. only. i1I39 .......... .. 653. 604 .... .••. 1 Changed in form
'. only.
306....... ..... 406 (2) and (3).. Unchanged. only. 386 393.537 m, .... '1' Changed
only.
in font;l
307 ............ 407 (3) ......... Unchanged. 351 (1) ......... 488 (1).489 ..... Ch"ngedinfprm ~ ............ I 655 {I}, (2}'and
only. (4). 658' (3)
308 ............ 443 ............ Unchanged. 388 ............ 1 543" .......... 1 Changed in form and 659. (2) ... Changed in form

r
only. only. .
351 (2) ......... 488·(2) ......... Unchanged;
309... .... ... .. 466............ 1!nchanged.
351 (3) ......... 336............ Unchanged. 389 ............ 1 544 ••.... : ..
.
".1 Chan~dinform
only. l ............ , 658.782 (l)i .. .. Changed in fdrm
310... . . . . .. ... 468, 1002.... ... Unchanged. only.
390 .............. 1 545 ...... t..... \ Changed in fofm
351 (4) ......... 335 (n) and (w)
311.. . . .. . . . ... 467............ Changed in form 341 and 342 •. ;. Changed in form .42 ............ \659 (1). 660 (2)
only. only. ..'
. only.
.
407." ....•.... 1'69 (d). 57~pt... Changed in form
- i and (3) and
664 ...... , . . .. Changed in form
312... .. .. . . . .. 471,472,473.... Changed in form 352 ............ 1 488 (1) (a). (e) only.
only.
313 ............ 474............ Unchanged,
and (~) and
494. . . . . . . . . .. Changed in form
only.
only.

408 (a) ... : .. .. \266 (a) .. ; ..... \ Unchanged.


~3
I I '
............ 660 (1) .... : .... ChangedinfOl'm
only.
316.. . .. . . . . . .. 265,516,537 (1) 354.... . .. .. ... 490A \........ Changed in torm
408 (b).. .. .... '178 ...... i . .. .. Changed lD form ~........ .... 660 (4) and (5) .. Changed in form
(e) and 538 ... Changed in form only. only.
only.
only.
4C)8 (e) ........ 573: ..... \ ..... Unchanged.
317 ............ 1477 ............ 1 Unchanged.
357.. .. .. .. .... 992............ Changed hi form 448 .. ······· .. · 667 ....... i···· Changed
only.
in fofm
. only. 409 ............. 496.497........ Unchanged. ! '
~19 ............ 479 ............ Changed in form 358............ 430............ Unchanged. 410 (l). . .. .... 590 ...... , .... • Changed in form ti9 ... :.,........ \ 668 ............ \ Changed inform
only. I only. '.
1 only.,
359 ............ 432............ Unchanged.'
322 ............ 1 335 (m), (0), ~53 ............ 682.683,6814 (I) Changed in form
(v), (x), (y) 360....... ..... 433............ Unchapged. 410 (2).. .. .... 2 (4l} .... !..... Unchanged. only.
and 88. (2). Unchanged.
324 ............ 209 (e)......... Unchanged.
361.. .......... 434(2).{2)..... Unchanged. 411 ............ 498 ...... ; ..... Changedinform
i only.
...... u,.'
.55 ............ \ 685 ....... '..... \ Unchanged.
325 ............ 444A ........... Unchanged.
363 (1)......... 436............ Unchanged.
~~t- :--~

412 ............ 1 498A .... I .. · .. 1 Changed in form t.56 ............ 655 (2) and (3), \
6 6 6........... ChangedlDform
.'
only. only;'
364... . ........ 991............ Changed in form
326 . ., ......... 231,987 ........ Unchanged. only. . 414 ........... . I./m. . . . . . . .. ... Changed in form 457 .............. \ 678 ............ \ Changed inform
327 ............ 231A........... Unchanged. only. . only.
367 ............ 502A .... :.; .... ,unchanged.
328 ....... ., .,. 419............ Changed in form 371.. .. .. .. . ... 509. 541 pt.. .... Changed in form • 6s1A. • ••...... ;Unchanged~ 458 ............ 1669 ............ Changed inform
only. only.
only, (I), (2) .... 1 888............ Unchanged~.
329 ............ 420............ Unchanged. 372 ............ 1 See sees. noted
in Bill. p.125.:1 Changed in form
330.... ........ 421............ Unchanged. only.
332.. .. . .. .. ... 426............ Changed in form 374 ............ 1 5U. 513 ...... .. Changed in form /'
only. only.
333. .. .. .. . .. .. 427............ Changed in form 375 ............ I 512.514 ....... . Changed in form
only. only.
,./,. .,....
\.:,
I."
'to
'38 STANDING COMMITTEE 39
BANKlNG AND COMMERCE
SECTIONS DROPPED NEW PROVISlONS.
l ,
'~ (
Code No. Code No. Code No. Code .No.
. .,. . '
l~'::
Bill No. Bill No. "il
I,
i
No.'
Bill No.

2 (1) 223 408 (d)


366-377 /sUi (3)-(6) .. 2 (6) 85 (2) 186 (3) (d)
Para. (3) 224 378 (1) 540 . ., , 419 (d)
(6) "Ji4{. S (7) 87 191}
(9) 1- 192
232
(10) 379-385 549 (2) 2 (10) 92 ! .<., ,'-,' 193 , 420 (1)
(16) 233 421 (3)
(18) 386 (2) 568 2 (26) 116 .~/ :l~;~, .~21 (1)1
(20) 247
(26) 388 578 , 2 (27) 120 ... 241 (2) 431
(28) 275 432 (3), (4)
(35) 389 588 2 (32) 121 280
(37) 285 (1) 392 (d) 589 2 (37) 134 , ".
3.63 (2) 438 (1)
14 285 (6) 450 (2), (3)
393 592 7and8 154 '.' 370
38 302 451 (e) (B)
395 594 11 162 372 (1)
100 314 452
401 596 50 (a) (ii) 185 (b) .397
104 335 (1) (a) .,
403 597
107 335 (1) (b) .. '
407 (1) 598 SECTIONS IN WHICH THERE ARE SUBSTANTIVE CHANGES
, 108
335 (1) (e) 412 (1) 599-602.
109 335 (1) (e) 415A (a), (d), (6) 603 Remarks
Bill No. CadeNo.
110 335 (1) (e) /;lnd (f) 422 605
130 335 (1) (i) 423 607
131 335 (1) (p) 424 (2)-(5) 619 124.'. , ........... 1 187,188 ................ ".1 'As re<lrawn includes everyone in custody and not only those
132 335 (1) (q) on a oriminal charge.
429 620,621
140 335 (1) (r) 129 .............. 1 196 ... •................. 1 Definition of escape redrawn to make certain that it includes
431 (1)-(3) 623-626 .... "breaking prison" •
. 170 (2) 335 (1) (t) 441 627,628 130 .......... : ... 1 197.; ........ · ...... • .. I···Guardian" unohanged in effect. Referred to in secs. 145
179 (1) 335 (1) (u) and 165. . •
493 636
181 337 "Publio place" clarified so as to include places where public
495 643 ".' hare access in fact but not as of right.
184
203
338
343
500
503
656 131 (1) ........ "'j ,1002 {o) ..... ; .......... COrrobomtion no longer required under sec. 156.
663 131 (3) ........... 210 ................. : .. Widened to include carnal knowledge of girl between 14 and
205A (2) 16.
211 (3)
349 (2) S04A 665 (1) ,
132 .............. 1 294 ..................... This may be widened by inclusion of the offence of carnal
350 505 (3), (4) 688 knowledge.
220 353 506 689 133 ............. ·.1 215 (7),1140 (1) (0) .... ;1 Corroboration no longer required in cases of a householder
222A 358-363 permitting defilement. cl. 156.
508
""13&. ,' ..• ',', ''';;';;'•• 1299 •. ; ....... ,' .. ',; .. "j Death.penalty for rape abolished.
1("1)
I' 138 .............. 301' (1)-(3) .......... :,. ~rroboration no longer required by virtue 01 the provisions
of 01.134.
139 .............. 1 298 (2) ................ :1 The rule which applied to rape is extended to cases of carnal
knowledge. .
, .
140 .............. \219 .. ,., .... , .. '.' ....... \ The ~tion no 10~ger covers women ~hO ~re de~f and du~b.
B5 ............... 213 ..................... Suhsectloll (2) 18 dropped as bemg Inconsistent Wlthn
/. l ' I. Hl0duction".
..... H8 ........ ; .... ,\206 ... , .• , "',';:"" ....;.\ Widened to Include al.1 act. of gross indeoency irrespective
_~ . d~ .
.:,; if'150 .•••.. :....... 207 .•.. , .• , ••..... '., .••. Widllne<l to include phonograph records.
,t~
".~ '(

~I.'

40 . STANDING COMMITTEE.
BANKING ,AND COMMERCE 41
SECTIONS IN WHICH THERE ARE SUBSTANTIVE CHANGE8-Conti,jued
SECTIONS iN WilICH THERE ARE SUBSTANTIVE CHANGE&-Continued
• ... r,:"

Bill No. Qode No.


-~.:
~%~~,:
..::=) = = : : : : i : : : : : ; : = = = = = ; = = = = = = = = = ; = = = =
Remarks
··4 Bill No~ Code No. Remarks
, "j:~;~
{;t' l;I, ~:,' ,,' ,
157 ....
\{~~~;......
215 (2)-(6) ..•. Age of child raised from 16 to 18 :to conform to Juvenile
Delh)quents Act. COVIlfS conquct likely to endanger ... ::: . 269:: '.'.:: ::':: .: .::,":, :~::.::.-'II';i~en~~'to c.o~et, cases in which suicid~ dQes not follow.
,
insteiLd of an irrebuttable pr~sumption arising from
certa.in conduct. , .')),6: ........... ,:. 273 ............... ;';,... The emphasIS h$.S been placed on' the mt.tnt rather than on
Illegitimate are in same positiop as legitimate. ." ;' . , . , "the ·means. The word "lawful" has been omitted in re-
159 .. " . 205A";,,, .. ,., .. , .. '" Provisi04 requiring consent 'of' AtMrney General has been spect of an II,rtest as it was felt that discharging a firearm
dropped. ! , should not be condoned even though the arrest was
, "unlawful. i ;
160 .. 100. 222B and 238 (e) (e)
and ~a) .... ... , " .... 1 Fighting 'has been included. 217 .............. 1 277,278 .. '... :.','.::.'. :.:1 Para: (b)'iB'chaqged by adding "aggrieves or annoys".
161. .. , , ....... , . 199. 20l1. 201. ... , ...... , Widened: to include obstructing a :clergyman in' the per- 282 .................. :, ... . Wid~ .tq 'oo~ef all common carriers.
formMce of any duty. i ,(2).; .~ ....... 286 (2) ................. . Widened to ~cluae all vehicles.
163 .........•... ,I 51OA, ............... ,., "Alarm'~ has been added in Para. (a~.
164 ..... ,.,., ... ,1 238 (a) (d) (i)(J) (k)239 Para. (b) of sec. 238 is dropped. Par•. (b) the provision for a
......... ..... . 285 (7! ~d .(8),.,. , .... ~ Wid~ned t:? ,?9yefoases of impaired driving .
.............. 286 ...•...•.. , •. , ... '," Widened to covet all cases and not only those of shipwrecked
certificate has Qeen. dropped. Para, (d) the word\\ "it).
whole or in part "have been substituted for "the most
··'~DS; .. r, ,"
part." Para. (e) widened to cover all the offences for " L!'">;'f:': " I
,which./Ul.offender
psychopath: . .mav . . .• be
. .founp.
. , tp. b.......
Y r
criminal sexual
. '. t
287: ..• :. ;-.: .... : ... : .. One ne'W offenCe !hIlS been oreated.' .
. 168 ... : .......... [ 225.226,227; 229 (3).985 .. , ." . !
and 986 (2) .......... . The definitions are drawD from the sections of the present 274; 29t, 295.'.:.::.. ::.:' :The'oltences of wounding and C&using'lttiavous bodily harm
Code mentioned in column 2. Subsec. (a) has been . in sec. 2U have been merged with the offence of causing
• ac!tUal bOdily harm. . '. .
iDserted to remove any doubt as to whether it was
incumbent OD the accused to bring himseU withiD the 275 (b), 296:.:: .'.::: .. ,'; Assaulta'ooJ'mhitted on election day hav~ been dropped' as
exemption, that being a matter peCllliarly within his cC)vered otherwise.
knowledge. . , • ". • <.,' ;" ~., .' ,. •. .

171. ... ,., ...... ,1641.,., ............... . It nOw limits seizure to things which may.be evidence. of the ~~2, 9~a, ,947 ......'., .... V The proviaioJl., s&c. 912 (1), about notices;
. ", :.
~ ~ ~"",' .
is dropped. . '

commission of any of the offences mentioned thereiD. ........ ' ..... 1 9~:.,., ......... :... : ..... .. The referflllce to: criminal information is dropped. Subseo .
174. " .... , ... , .. 1 642, ....... , . , ...... , •. 1 Sec. 5 of the. Canada Evidence Act is niade applicable to . (2) of ¥C.' 11M ill dropped. '
persons exaniined thereunder. Subsec. 3 of sec. 642
referring to opium joints is dropped, III! it is covered by .I
270..... ; .... 1344-347,,861 (e) . ",' .','. We have ~clud.et:;~hese for examination.
the Opium and Narcotic Drug Act. ,. J "Ga8"'h~ been t.dded.
351. ............. : ....

i~lll1'. :, ............,39t,.,
j' .. , .. :~; .. ;":':"I
178" , , , ... , . , . ,.1 235 (2)-(6), ... , . , .. , . , , Subsec. (1) (d) (ii) changed by adding "six heat races of two
heats ooch" . This change was approved by the Minister -:~ 9hs:a~8C)
"as to include a refusal after ~ployment
. term-

EJ~-, ......:......... ~~opped


of Agriculture. ,
180 .............. 1 234 ........ _............ Widened. to cover aU public conveyanc~s. The power to '392." ... : .... ,'. '.' ,::: . pan:. as it appeared unnecessary in view of thl) (d)
. arrest is no longer obligatory. ,. . '., '. :. of the Animal CODtagiOUS I?iseases Act. '~viaious

184.. ........... ,I 216, 1002 (e). 1140 (1) , 397 .. \I:' 1.: .. ,.......... J. The worda ~'~apable of heing stole'!" have be!l'! dropped.o.s
(e) ................. ,. Corroboratio,n no longer required under.sllbsec. (1) (i). . .. . , . . . these wordS have been dropped m the prOVISIonS defimng
. .. ' theft.' :
186", ........... 1 241. 242 and 244 .. , . , ... 1 The present law makes a person "who is under a legal duty
to provide necessaries" criminally responsible for failure 455-461 .. : .... :.'.'::' .. :. 'The onty change is to extend the provisions to vessels, aero..
to do. so. The section as redrawli declares tM duty .' .. . . . ~~ and trailers. .
which exists in law and effects no real change. Subseo.
(3) (d) is new. ' .. ...... ,':i .':'/ 462. : ..'.. ::;'. : '. .r. ~':. :: :'Tbe}ioUt.yon ofthis offence to night is abolished.
•.•• J ' ., ! .... ' . ,
189 ...... , ..... "1245 ........... , . . . . . . .. The age limit h,ja been increaSed to ten years. . ............ , 340 ............ :, •.•. ,",. )Vi!iene4 ~,ilJ9hide a tetllpOra,ry as.well o.s a perman~t
~'," q~", ; ,t 'l!:r I ,. t' I
., .. '"" .... , ...... ft,f· ortei1:fq}·' i . t . , · ... ' "~,1

190~ .. :.:'..... ·... T'h.Ii:~:been Widened tooove~ all c~ where a ~as~r


I '.' '" ..., ' " . '-" . , '.":,," _j" I ,".'

243,249 ...... : .. ;.. '.',': .. '. ~l'i.,· "~" ..: ., II '01,/·1,. ,...J, ",.,," ...."'li.,.J ~ . .'Of '~".' ...' I ,.• ,
.... ......... 3""; ..... ::.; .. ; ..• :;:, 'vnaenea W'mclu'l'e the offence re~eMitit.
. , hasco'!trac~d to provide neceasad«f to a servant o.r
",,' ':" ,:~. ';:;., ·~,'.:t;~~~tl.~~ ; : . ~~~\ l' ' 1.1 ~ t"d:,'; ;,~'~. t·, r;..;..U:~~ :"'~f. ~ -I'f.·f'·h~·~~ *t.,_·
. t ",: . . ' "'\' , . 0".__:' I ;-.;
'ILI
.... ::;: .. :".... : Wl .. ~: ~: ,.'........: .... ~' Wl.i:lllii.el.tto1Dclu~e the olience ofretallri'tlid.
, ... ,,', ,'" ,<" :., ," "",,1'1'1« ';'1,,11' ~
198"""""""f 254".,., .... "., ........ This is widened ,to include cases in WhiCh.' death is cau.sed 301.. ............ 993 .................... Made applioAbl ~ all~.
!,,,,,,, "".;;n~~ :I'(I~'''!'~'''. 'l."~:;iiMf~~~.'~
,e!!,t~~. 'f~b.
' 1 1:,:' ' . ' : " '(". d :; f.' ,', ':"~'": c; ,,'!. by..erimuuU pegligenoe. tld)!. ~,~J. rec;eivil'l' nd retaining a!,d
' , . ' '.. tto r600 I D lfon y. Italsopermlts
20.2 ..... ,·".,........ 260,;., .. ; ... , ...,."~ ..,. This has been· changed by deleting thl!.~ords "of its UIIe'- /
~'~r\~~"""'"
b.. ;""'.!.(' ',".y fl"." ned through the
.. ' . which appea~ at the end of para. ( d) of the present section,' I ~'~l J.,"I/, ·.::'fI~·r:l!!. I'.' J. ' ·~/,L·;.. d·((J\$' -:.d.! ~r~ .~. ():~ ..,,fflffl~.<T7.?1'f" i.,~""o.,\~ru~~'·.!: .,,·;'~t~·: ,
t
,~,206.... , ,. " d 262,;.; ..'c. ,:,. i.,"' .. ,', ., L ,The. definitiol)'oiinfanticide is taken the English Arl. ttoni ~o.1.'·'· y. \'" !:,.. i.~ .., "liilA'" "'·I';".:!. ;,,' .. kq.!~; i.M·d,~:;· tIr.;·i!Ii. '~n .........,j' i-re'~·Vi.M" d ta"
1:·'111··~V·;"~·i}·~·· /. ",i"f". l$"J: . . . ~\·;~U-;..:.J.'V l-tHl"/:' ~ '[78'/<:1 ·,tR'i~~~ofl~f11;,,\;'" .. j~.o·~ -(~ ""'.1n. L rF':R j. re lnIng.
tiIte.

It-fixe. the age of a newly-born child at one year and ~141.." ,,:' '. 'ic 4ti1 . i, l.,.,,;~.:;. ",i "J",u 'W1tlilnea' w:i{ic}ude eia:lIle~ani~ !~llii> !messages
3),~j~j,::;·;,;:;:;:;,~~.~:;, ':~lQ,i;~::::;::,;:; :.~;:;';::,;::~,{:; :';~tJl~~jtt?~"!~~~~~~;~I1~;~~~;~lf or radio:
includes cw in which the mind is disturbed from the
effects of lactation. ~ :J, ': .\
.~~~I .... '

,Ir
"

42 STANDING COMMITTEE BANKING AND COMMERCE 43


SECTIONS IN WHICH THERE ARE SUBSTANTIVE CHANGES-Oontinued SECTIONS IN WHICH THERE ARE SUBSTANTIVE CHANGES-Cominued

:: ~
Bill No. Code No. Remarks 'Bill No. Code No.
,.
',,,, Remarks 'j
:,11

318 .............. 1 478 .................... 1 Changed in form. The reference to testamentary instrument.
has been replaced by a general provision coveriog any <~:l ,:~,
instrument issued under the authoriW of law.
The following changes are to be noted:
320,321. ......... 1 48G-483 and 528 ......... ' Widened to include all public re~sters. Paras. (b) and (c) Paper money now partly covered by ss. 549 and 550, and otherwise by the
" of sec. ~1 have been droppea because covered by 01. 287. ""h
'M':
,:;.iIj,t:,;~
forgery sections, are fully covered in Part X of the Bill. Counterfeiters nowadays
323 ........... ,... 1 444: ........ , .......... 1 Intent to defraud has been made an element of the o~ence are more apt to make counterfej~pa,er money than coins. '
created by sub-sec. (2). . , It has been made olear that there is a right to sei.fe counterfeit money. (Cl.
405 (2». . , . .
331.. ............ 1 425 .................... 1 Changed by being put in general terms. Knowledge is no longer an irigredient of the offences under cis. 393 and 395.
(Cf. sees. 550 and 563 (b) (e)., It was felt that the words "without lawful justifica-
tion or excuse" protect the person who unknowingly has possession of counterfeit
336 .............. 1 412 (2) ................ . Widened to include admission. Subsec. (1) covered by )I1j;' money. '
forgery or the new cl. 397. It.~~\ The Bill is designed tocop,e with the methods of counterfeiters who do not
337 .............. 1424 ................... . Subsec. (2) and subsec. (5) of sec. 424 have been dropped. give large amount. to "paasars' at anyone time. Clause 397 is new.
The present sec. 549 (2) i. dropped. This dealt with the issue of tokens other-
338 .............. 637 .................... The powers of the justice have been widened. wise than by publioauthority. It waa felt that this waa not likely to be a matter
of such general importance that it should be included in the Code.
339 .............. 424A................... "Oil well" has been added. "Yl')l

340... ........... 413,415,418,484,485... Changed by being put in general terms.' ~.;, ........... / 570, 571, 572 pt. 574 and
, 575 ................. . The only change is to make an attempt to commit a summary
341.. ....... .;. .... 415A (b), (c) ........... Paras. (a), (d) and (e) have ~n dropped. conviction offence or being an accessory after ·the fact to a
summary conviction offence, an offence punishable on sum-
342 .............. 416 ........... ,' ........ Changed by being put in general terms. mary conviction instead of by indictment.

344... . . . . . . .. . .. 412 (3)..... . .. . . .. . .... Widened to cover contraband other than liquor. :~~;!.,:,.!'" ... 1218 ................... . Corroboration i8 no longer required for this offence as it
would be rarely, if ever, that tile victim could testify to the
350 ........ : . . . .. 487.................... Widened to include name or initials. ~('r'';I'J\,! ,~.•
agreement hence there did not appear to be any greater need
to require corroboration for a conspiracy under this provision
353 .............. 490 ........... ~ ........ Mens rea has been made an element. than under any other.

355 (2) ........... 1491'635,1039 ...... : .. .. This removes a conflict between these provisions. .l~: ;~{; ••• " : ..• ;11i,8O (1), 582...,.-nd 583 .. ·1' T~e following l!st 8ho~ the offences which will not be ra-
j. i.-I 5! ' , , quired to be tried by JurYI
356 .............. 492 ................... . The reference to a government department of the United
Kingdom is deleted. ~It"; Difelice ., '
362 .............. 1,435 ................... . Identity card added in (c) and (4) at request of Department
;':w:.
i~~y
Oode No. Bill No.
Seditioul ot!encee ........ ; ... i .................... ; ... , .. 134 61
of Natipna\ Defe,nce. " 'J .:,~ Libela on foreigD sovereigns:; .. ; •... , .................... . 135 62
365 .............. 1 499 .................... 1 A breach of any contract depriving a community of essential A~."·,,!f.':.~f..l: .. SPJ'!B.ding falslt newI .. ~ ..........,' , ...................... . 136 166 "
Judlo181 cor\'\lptlon ................ '.... ' .. , ............. . 166 100 (1)
services has been made ,an offence; This restores the >1~.~~\~ ~ I:':, ~ Corru,Ption of offiderl enf.c:>rcitig criminal law ............ . 157 101
effect of the section lUI it read originally. 'Frauds on gdvernment.:, .... , ... :, .. "I'" .......... ,.. 158 102
. ~;\:J'~ Breach of trust by pubbc officer ....................... , . ,100 103
366 .... , . , ....... 1 601, 502 ............. , .. , Para. ((J) of clause 366 added. There was duplioation ill II,il,:!~~It\: . Munloipal corruption. :;:.•. '.,.; ..... : .. , ...... , ......... .
, secs. 501 and 502. - 161 104

ff::~::~~i:'::: ::: ~::::::: ::::::::::::::::::::::::


162 105
368 .............. 1 504 .................... 1 Subsec. (4) is dropped thus permitting a charge to be laid 299 136
under either cl. 368 or 336. 300 137
Defamatory bbel. .... ,,' ........................ : ...... . 317-334 250-251
369 .............. ~ 505 .. , ................. , Subsec. (4) dropped. Subsec. (3) dropped as unneceseary. .' Acc;essory after the fact to, an attempt to commit or a conspiraoy to commit, any
373 .............. 1 539,740 (1) ............ The value of the property to which the section applies has of the I!obove, offenC9!l, ,bribery or undue influence, personation or other corrupt practice
been increased from $20.00 to S50.00. Subsea. (4) is ta~ll under the Dominion Elections Act.
from 740 (1). Acceseory after the fact to, an attempt to commit or conspiracy to commit, the
followi~: .'
377 .............. 5,15 (1) and (2),,'::,.: '.' 'Wide~~d,to cove'r all fires; . Intimidatinll Pe.rliament or A.le&ielature, . ' ,. i
act. inteildea to alarm' Hlil Majeety or cause him bodily harm,
.

384... .. .. .. .. ... 531, 532 .. , ..... :1;. ..... InternaHonal boUndary h~ been "dde!i, , b" ,i}loitinc to lII,utiny, piracy 94' piratical acta. , .' . _ i
d!' Offence. ~iIiat'se(l'. '130 and'131 relating 'to falslt'oathsl,w'hich were included in
387 .............. 542 ......,.............. This section has been redrawn. Anr.
changes that have been seo. ~ we~ drQpped,in t.h!\ revision. ' ; i
" "'", ",." ;
made appearin (a), (b) and (c. "
Part X. Section. 391-406 ' . 581~':" ..... ;; : ..• ; ".',H "./. 'wid~;ed 'by the 'inclusion of 412. In addition it has been
,. reworded to briny it into harmony with the provisions
This Part replaces the present Part IX (ss. 54~9) and the other seotions noted
opposite p. 132 'of the Bill. ' , , ',: , ,of the Com,bmes nVIl!l~igation Aot., ;
It is designed to alford a complete Code for the protection of the ourrenoy and to '!, ,\
cover the defacing or debasiog of the coinage and the making or,poesession of counter.. ~ :,~, i , ,.
feit money or of the instruments for making it, the utteriog of it, and the sei.ure and
forfeiture of counterfeit money, the instrument. for making it, as well ae the deali~
or trafficking in it. 't ;, '.j,
The old Part ie almost wholly included in the DeW but by includlog in the defiAi.,
tion of counterfeit money a good deal of the descriptive matter now set out in. the sec- ;',l'l;:;;l~ I • d'H'
,;; .
tions, it haa been possible to effect 110m" coooolUlation.
\

44 '. STANDING ,COMMITTEE BANKING AND COMMERCE 45

SECTIONS IN WHICH THERE ARE SUBSTANTIVE CHANGES-:Continued SECTIONS IN .WHICH TlJEJ;tE ARE SUBSTANTIVE CHANGES-Continued

Bill No. Code No. Remarks /1," Bill No. Code No~ Remarks

418 .............. 1 580 (2) ................ . This provision h~s been made general. I~ the present Code 461. ............. 1692.694................1 Theofprovillions of'these sections have been retuined in respect
it applied only in the
,
Province
. of Quel)ec.
, wimesses only.
419 .............. 1584 .................. .. Para. (d) relating to offences committed i,l. aircraft is new.fI ,463 .............. 697.698, 700 and 702 .... These sections have been rewritten for simplification. Pro-
Para. (e) has been widened ~ include all olIences committed . . ' . vision.has been made for a CRsh deposit in lieu of sureties.
in the course of a journey, It now app.jies only in respect
of certain offences relating to the ma1lt 404 ... :.. :.... ;::1699 ................... . This. provision h".. been reworded to reconcile a conflict iu
the decisions. In Manitoba it was held the section
422 .............. 1585 ................... . This provision has been made general. ~t now applies to applied only after committal for trial. In British Col.
Ontario only. i . umbia it was held to apply both before and after com.
, \ ~,.,
·mittaIIOrtrial. .
424 .............. 1 See secs. in Bill, p. 143. The changes are as follows: I
(1) Reference to Quo Warranto lias been drop~!!.;;
(2) Sec. 576 (3) has been drop~d as unnecel!lliU1'
·485... :: .. .'.. ·r· :/5 (1) (a) .......... ..... , Reference to criniinal iliformations has be~n dropped.
because tile Supreme Court Acit of Ontario created a , '~ ...•.•.••...• , 873 (5)-(7).... ..•.•.... Northwest Territories and Yukon included in subclause (I).
.new court, the Supreme CQurt. to renlace the Supreme In subclause; (2) Deputy Attorney General is included
Court of Judicature;, I for all instead of only for Quebec. .
(3) Secs.· 1021 (15)-(17) requiring approval and
tabling of rules made by a court of appeal are not con·
tinued as there was no similar provisidn. rel.atJng to r~
·4;m......'. :: .... '..': I 962 ............... : ..•. 1Bill P;o-rldes that recognii~ce is vaca ted when proceedings
" . stayed.
made umler sec. 576. i ' . l'
498 ..... ~ .. .'..... /865: ............... . :.... j Present eection refers to body corporate. "Person". by
427 .. , ....... :.;.1644 .. ·............•... , .. A juvenile may be charged jointly wit!), an adult. The . .' interpretation includes corporation.
proTision tbat the trial must be witnout publicity will
still apply. ' 1101 .... ; ........ '.. 856 pt. 857. 858......... The only oliange is that therrovjsp in 857 (2) respecting the
trial at the same time 0 charges of thelt. not exceeding
429 ............... '1629. 662, .............'" Wid.ened to include offences under all Aots ·ofpe.riil"m~~. ,";"
three. is not carried into the Bill. The court is to ha v
. I . full discretion.
432 ....... ,...... 631. .................. , .. New provisions added. Provision is madll for dealing with
thiQgsseized
. .
under cl. 431. 'I ~ ...... :; ...•• .1849 (1) pt. 849 (2) 954 ... 1 Widened 80 as to include (1)-property obtained by indict.
able offence other than theft; (2)-retaining property so
433 .............. 1 633 .................. .. This provision was enacted at a time when &11. forfeit11l'ef obtained.
~L .. :::; ..• , ..I 874,875.. ..............1The Bill is apecific that witnesses examined before the grand
went to the Crown in right of Canada.. In 1900 a change
was made whereby certain forfeitures went to the
provinces. As enforcement falls on thil provinces it was jury must be sworn. .
felt that thl'Y should get the forfeitureil.
507 ..· .......... ..
434 .............. 1646 ................... . Widened to include all indictable .offflnces.',
I
510 (I}......... ..
.<.-610 (2 .......... .
819
898
889
(1) ............... :. "or remain in attendance" added.
(1) ................ . Demurrer omitted. Objection to be by motion to quasb.
(1) ................. . ChaD.ied in form. .
435... . . . . . . .. . .. 647.648. 652 pt ..... , . .. Changed to bring it in line with ·Q\.'434. . 510 (3 .......... . 889 (2) ............... .. The ollange is thait the matters proposed i,n amendment must
be disclosed by the evidence.
445 .............. 661. ................... Tpe seven mile lilpit fodresh pursuit h~ been abolished. .610 ~4) ...... ;.~ .. 889
·~110. Ii).; ....... .. 889
~2) (6) ............. .. Changed in form,
4) ............... .. Changed in form.
446... . . .. . . . . ... 662 (4)-(6).883. 941.977 This section provides the procedure tp ~ure the attendance '.'.:.!il0 6) ......... .. 889 6) ................ ;. Changed in form. As there are now no reserved cases. that
'~'Jio (7) ...... ; .. ..
of a prisoner who fs required 'in .any bourt to answer a reference is o.\llitted.
charge or as a witness:. Whlll'e the. prisoner is outside 889 (3). 890............ . Chaageli in form.
the province the order must be ma<hl by a judge. Where 610 (8) .......... . .845 (3) ................. .. Unolianged.
the prisoner is within the province. the order maY be .510 (9) ......... .. 841 (2) ................. . Unchanged.
made by a magistrate. SUQsecs: (5) an</. (6) deal with the
passing of sentence where a prisOner u~dergoing sentence ~l'2 ............. . 6~1. 894-896. ~: .. : ••.••. / Ten cents perfoli~ (instead of five cents) to:be paid lor copies.
is tried.
6'14 ......... ,:: .. 695 (3) (4) ... ,.......... Widened~. include a magistrate.
I
447 .............. 1 662 (1)-(3).:. :'........ : The.pro.vision ;"'quirini. pr()()f of ~h(lsignature of the issuing
~ustlCe b"" been omltted,.
. ' . . I; 'j j
516 ................ 905 (1). 006.; ........... Changed 10 that: the issue of autrefois ac q. uit or convict is
450 .............. 1 796 ................ "'.1 T\li.'S is practic.a.ll.Y.~ n.e..VI • .l..t .requires .a~·ustice to remand
..' .. . ~ be decided by the judge and not by the jury.
' . . , ' .. I CaB(lS to .1,10 • In.Ijgl.trati). wqere a magIs ate has absolute
" :.... ,.:,'" jur~djqt.i!>n'•. j ~t:P,rq¥,i9~.J!l(an electi afte! tbeju~ic:e
, ,.' .: .• ,hll-s, dr(ll. d~.d,.tii. c.<llnPl,l.t ,tli~....~used. or trlal. Tbls 18
;~l,~19 ... :'.: .. :.... ~ '~ ....... .... ::; .... :';.~~i~ as to inQlude infanticide.
.. ' .. " '<til"'" 4tq·.·,tta.iii~wij,etli,er-.th(l used wishes trial ~:ii!
by~ orb~a"juage ·arone":t·tli~"rJliest opportunity. ,t·,·. .', . .
..,'" 't'. . '.. This provision has received the approv~l of the provincial
a!1.tho
.. rjtiell..wh. 0 attended the jointl,PlI*lting
, .... ; ··:';~···;in.~ilWnber·la8t.·· ., ," in . Toroll'A
.~"
1I.23.1iU.626...... 966.967. 968 .. ;~ ...... .. Cliauaed 10 as to ~clude a court acting un~er Part XVI •
'~Ii)':;'; ~
".: : ..... 918 .. .:.. :.,' ........ :.: The length of notice is changed from two to seven days.
451.. ............ 1 673. 679~·680;~i': .... :'::. 'he;~~i~'!"';hang~ is the clarification of ihe provisions re-
lating to bail and the power to remand for mental exam·'
;'; 63P.............. 926 ................... . C~ 10 that the judge. and not triers.' decides the issue
::~~~~.: ( " ' . . ' " : ; ',' ! ~
ination a woman who has been charged with an offence'
, raised by a ch.w.lell&e to the array.
arising out of the death of her newly·born child. ~......... ; •••• ·1121 ...... ~ .. : I ....... " ChAna:ed ooly In .ubclauae (3) (b) ~ confQrm to tho chango
l~+, , '., -'", ,::~ made in cl. 639.. ;
\~~:.,:.i ... :..... m(6).~:: ....... ..1 ChaaPdwinclude Yuko~and Northwest' Territories.
454 .............. 1 684 (2) and (3),686 ...... 1 The only change is in the form of address to the accused.
460 ..... 687,690 ................ 1 The provision relating to corporatiOlll is new and ~ cure an
omission. '{':t:
...•
::'f"'f!T!t
.~~'~;.
~"

46 STANDING COMMITTEE

SECTIONS IN WHICH THERE ARE SUBSTANTIVE CHANGES-Continued


:,r BANKING AND COMMERCE

SECTIONS IN WHICR TRERE ARE SuBSTANTIVE CRANGES-Continued


47

';.r:-

Bill No. Code No. Remarks Bill No. Code No. Remarks

J~l
545... . . . . . . . . . .. 938 pt....... .. . . . . . . . .. Changed so as to drop joinder in challenges. . 'G.·IIS............. '1 1017 ................... / This is included for examination but it is submitted. involve s
547 .............. 935 .................... Para. (e) is new. ~. only a olwl&e in form.

552 .............. 929 ............ ; ....... Changed to include Yukon and Northwest Territories. 600.............. 1 1024 (1) (2) ............. Subsection (3)and (4) of sec. 1024 omitted as bein,; covered
'Jurors' instead of 'men' to cover cases where women . ~ •
by reoent.auiendment
' i
of the Supreme Court Act.
may act as jurors. 621 (1) ........ ~ .. 11028. . . . . . .. .. . .. . . . . . . This is not ohan&ed.
553 .............. /929A .................. . Changed to include Yukon and Northwest Territories. . (2) ........... 1029, 10M .............. The conoluding clause has been added to resolve a conflict
: .of Judicial opinion .
. (3) ........ : .. This is inserted for olarity.
556........ ...... 945 (3)-(5), 946, 959 .. . Under the Bill the jury is to be kept together unless the ,(4) (a) ..... .. 746 (2), 1055......... ..• This does not involve change.
judge orders otherwise. Changed also to provide for (b) ...... .
cases where women may act as jurors. (c) ..... .. 740. 1035 (4)............ This Para. (b) is new to cover a contingency not now provided for.
is amplified to cover all contingencies.
558 .............. 1 944 .................... 1 Subsec. (5) is new. Subclause (4) would include a private 622 •............. 1 1035 (1) (2)............ Chenged so as to make olear that there cannot be a fine in
prosecutor.
lieu of a mandatory minimum term of imprisonment.
559... •. ......... 958.................... Mention of costs ·eliminated. The Bill provides that the 623 (1) (a)....... 1035 (3) ....... " . . . . . .. This does not involve ohange.
judge and the accused must attend. (1) (b) and
(2)......... New. See also 01. 627.
56l... . . . . . . . . . .. 96l.................... Proceedings. on Sunday limited to. taking a verdict.
565 .............. 984 .................... Widened by being put in general terms. 624... . . . . . . . . . .. 10MB.................. The omission of 10MB (4) as to waiver of appeal will (by the
operation of 01. 624 (1)) be for the benefit of the convicted
569 (I) ............ 951 (1) (2).952 ......... Cha~ed so that the conviction may be for a summary con- person who has been sentenced to a penitentiary and
VIction offence. pute him on the same footing as one sentencod to gllol.
572 .............. 1 851.963 ............... . Changed to provide that if the Crown seeks an increased 625 .•............ 1 1035A.................. Subsecs. (4) IlIld (5) of s.I035A are not included. It is thought
peanlty it must show that notice of the intended appli- , that this can be regulated like other accounting.
cation has been given to the accused before a plea is taken 626 ........ : ..... 11036.1037 .............. The only change is in dropping 1036 (2) (moieties). This
from him.
, accords with the repeal by 1950. c. 11. s. 18, of sees.
573 .............. 1964 .................... 1 In the Bill. this section is wholly a matter of evidence in , ' . 1041-1043 respecting moieties. See note to el. 627 infra.
rebuttal. If increased penalty is sought there will have 627 .............. 1 1~-1l41 ............. . Penal actions will no longer be brought by private informers
to be an application under cl. 572.
and there will be no moieties payable to them.
578 .............. 1 1010 ................... 1 Changed by being'put in general terms. : 628 ...... ; .... · .. 11048 (1) ....... , ... ; ..... The limit of 11.000 is dropped. Subsec. (2) of s. 1048 which
579 .............. 11011.. ................ . Changed by dropping references to special juries and p~o­ provided for the entry of the order as a judgment is
ceedings in error. not included and the order will be effective as to money
in the poesession of accused when he was arrested. The
58l. ............. 1 1012.. ................ . Definition of 'sentence' changed so that there may be an order can be made by a magistrate under Part XVI.
appeal where sentence is suspended. Definition of 629 .............. 1 10411 ............ '...... . Clarified
'appellant' dropped as unnecessary. -.w property obtained by crime other than theft.
584 .............. 1 1013 (2) (4) and (5) ... .. Changed to make clear that acquittal includes acquittal of
630 ............... 11050. 7115 ............. :. Clarified U above. Reference to writ of restitution dropped
a principal offence although there has been conviction as in modern praotice this applies only to restoration of
for an included offence. real property. Clarified to show that the property must
be immediately available for restoration. There is
586 .............. 1 1018 .................. . Subclause (4) is changed-(l) to cover fullr. cases where the authority for saying that this is the law now (Tasche-
Minister exercises his powers under c • 596, instead of reau's Code, p. 903).
cases where he orders a new trial, and (2) to clarify 631,832 .......... , 10411.1047 ............. . Although s. 1047 is listed as dropped. and sec. 1045 as new.
proced ure where proceedings in appeal make necessary
a new time for execution of sentence of death or whipping. they are in reality replaced by cis. 631 and 632. Provision
1018 (5) is covered by cl. 624 of the Bill. . for coste ill retained only in respect of criminal libel. They
are to be fixed by the court and not taxed under the
587 ............. . 1019 .... ".............. 1 Acting chief justice may designate judge to aet on application !' tariff provided for civil actions. An order for CORtK HIllY
for bail. be Ilntere<l Un judgment and onforced liS in a civil Mtion.
!JlI*.·,~··;··:.: .... ·ll006.1056 ............ . Sub-cl. (1) comes from s. 46 of the Penitentiary Act.
fr """
588 .............. 1 1020 (1)-(4) .......... .. Changed-ell to specify that tra~rip1;"iof evidence and
other material required for the appeal is to be furnished Sub-cl. (2) comes from the opening words of s. 1056. It wiII
by appellant. and (2) by omitting the provision in 1020 cover 8. 1006 where there has been a change of venue.
(3) that the judge's certificate shall prevail. Sub-cl. (3) combines 1056 (a) and (b) with the added provi-
aion that if the~jlenitentiary term is set aside. the other
589 ............. '11021 (1) and (8) ...... .. 1021 (1) (e) omitted so that there may be cross-examination. lesser terms will be served in a common gaol. As drawn
it obviates the need for para. 1056 (d) which came into
592 .............. 1014.1016 ............. . The changes are-(l) Subclause (2) redrawn to accord with;' the Code. as to Manitoba. in 1901, and as to British
Welch •. R .• 1950. S.C.R. 412. (2) Subclause (4) am- Columbla in 19011.
plifies 1013 (5). (3) Subclause (5) altered so that there Sub-ci. (4) covert 1056 (c). and sub-cl. (5) is para. (e) which
will be no new election where there luis already been came into the Code in 1949.
one, but new trial will be before another judge or magis-
trate unless otherwise ordered by Court of Appeal.
. !
~' .....
.~3
,.
";

~,~ ,-1
. (

~!I STANDING COMMITTEE. BANKlNt1 AND OOMltl~acE ~9

SECT~ONS IN WHICH 1'HERE ARE SUBSTANTIVE CHANGEs-C""tinued SECTIONS I~WHICH THEU AU SUBSTANTIVE CHANGEs-;..continwed

Bill No. Code No. Reml!I'ks


Bill No. Code No. Remarks
• 1"-' --------i-----
!
}OOO.............. 1675B. 5700 (1) ....... .. Chana;ed as follow.: "
~~- . (1) The indictment will not all~e that aocused is
635 .•.... : •...... This replaces s. 1057. but there will still be cases under other
,;-.•.:i;.
, an
habitual c r i m i n a l . · .
. where hard labour maybe orderred. Su1>-cl. (2) covers . (2) U preventive detention is'sQught it mUllt be
a point whicQ. has arisen in practice. .The cases are not
'uniform as to the right to file an amended conviction ;~:.~ applied for ill accordance with cl. 662,
. (3) "On at least three separate and independent
and warrant qf commitment on certiorari or habeas corpu,. occ&sions" substituted for "at least three times pre-
See s8. 1124 and 1130. . ;£~~;:;;:; ., VIoUsI .....
.<4f
"Five years or more" substituted for
,
"~t least
631 .............. 1748 (1).1058."1059 .... .. Changed as follows: (1) Recognizance· may be for two tiveyears". .
years. Under 748 (1) it Can be for one year. (2) Provi-
sion for one year's imprisonment in default of reco-
gnizance not· in~luded in view of provision' for review'
";~¥ 'ri':'~~;:;r~:r;' :. l054A (1), (2), (3) Slid.
(6) .................
. ... •.
;·f .Chlulgeel
'.
.. follows:
.
' "
(1) Wid8lled to include gross indedenoy. buggery and
after two weeks. (3)' Review will be on application by ·'.·~i~~f~ .;~ t)'~~;;~.~· \ ,.' .' ' beailAUty ud attempts to commit these offences.
accused rather than on notice l;Iy sheriff. (4) Stipendiary " ' . (2) One psychiatrist to be appoih.ted by Attorney
magistrate in Yukon included. . . Geperal inetead of Mhiister of Justioe. ,
. , . . ,!¥.,,' '
638 .............. 1 1081. ................. . Changed as follows: (1) The consent of Orown counsel re-
. !luired by 10&1 (2) is not continued. (2). The recognizance
lImited to two years. (3) Sentence cannot besuspende<j.
i • • ;; : • • • • • • •• •• 3700 (3) (4) IOSU (4). • ChaDaed as folloWll:
I il>
'i""~"'~
'
,...
" . llf The pro!IeCutor is to give the Ilotice.
2 . The Ilotice mUllt be filed.
when a minimum punishment is prescribed by 11!.w. i:Ji.:.~,' , . .3 YVhere the tr~l is befo,:,! jud~e and j~ry. the
:;".~.' ;. applioat.ioll. fOr. preventive detentlon will be declded b.y
639 .............. 11083 .................. . Changed (1)-to provide for a summoll!J on brea\lh of re- ", l~ the ;udce alQU. '
cognizance instead of immediate w~t. and (2) to
provide for qases where judge or magistrate by whom !~."
. . . . . . . . . . . . . . . . . -676D: .................
",./-
WidAmed.J~.ITtoperaons
psycho' ."
alleged to be criminal sexual
sentence was />USJl6;Ilded dies or is unab~e to aot.
'~.~: .............. 676ll'. 576G.(I). 1 .. , '. ;" . '.c,,· .. . , ..
641. ...... 1060 .................. . Some of the de~ils as to execution of se~tence of whipping ':t,; .':' ., . (5),.................. Chana;lid as folloWs:
have been olP-itted to be covered by:regulations of the :~~" . '," . ., (1) Redrawn to remove apparent confliot between
Governor in 'Council. . .. . .' 1ili ~,' 675F and ~750 (1).
:~.:.' . "(2) Powtr to commute to preventive detention will
643 .............. 11063 ................... . Subseo. (3) of S. 1063 is changed as follows: (1) "stipendiary ~:tw'( applyais9 tooriminal sexual psychopaths.
magistrate" omitted. (2) Provision i~ made for a case
i~ Ne~:
I
where it becomes necessary to' appoint a new time for (1)........... PrevQtj.ve detention will run at least 3 years. (See
executing a sentence of death. . "., .' eJ. G66) $,' , . '

, ' > '} (2).;; .. : ... ,. 5760 (2) (3) ............. Chaa.cect i"f~~ only. .
'~+,tJ~.. .,. , .
645 .............. 1 1065.1066.1067 ........ . The words "within the walls of the pr~n in whioh the
offender is confined at the time of execution" in S. 1065 o;{joT •... : .•..•.••.. 37GB. . . . . . • . • . • . . . . . . .• Widened to allow an appeal by the Attorney General and also
changed to "within the walls of a pri,¥>n" to enable the ':t·:, ," . by a ~n sentenced as a criminal sexual psychopath.
establishment of a central place of eX'¥lution as' recom-
mended by the Archambault Commission. 811 ...............1i120, ........ ~, .... ; ...: Chanfec! to make ~Iear that it applies. bef!>re or after oon-
. VlCtioa~
This 18 to resolve a conflict m the cases. It
646 .............. \1068 ................... \ Su1>-cl. (2) is notrmandatory upon the sheriff. a,Ppear8 (Hansard 1892. Vol. II. col. 4448) to have been
deeigued originally to permit defelaoo evidence in extr....
650.............. 1071 ................... Commisioner of' Yukon Territory and or Northwest Ter- ~ ," ,
ditioa proceedings. .
ritories adde!i.
682 ........•..•. .11121,1122.1129 .. : •.••.. , There are conflicting decisions as to whether there is a right
653 .............. \1075 (1) .............. "11075 (2) as to tabling re~lations. not continued. . . . to oertforari after appeal is launched. Tremeear. 5th
. ed •• p.15~. .
654 (1)....... . . .. 1034 (1) ...•...........'.. Changed by dropping the provision that »ension payments
cease. . 683 .... ";" ~:_.: ... 1124, .• \., ....... ,' .. '1' This has ~ widened to inolude convictions or' orders
1
Provision as to pardon also omitted. other thaa those made by justices. It has been ampli-
(2) ..........'11034 (2) ................ ,"or of a legislature" added. L,
(3) ........... 159.162,434 (3); ....... This combines several disabilities enac~ in the Code.
fied aI80 to set out the power to correct sentences. (Tre-
meear, 6tla ed .• p. 946).
, 434 (3) was re-enf\cted by 1951. c. 47. 8.17.;
686.;;,.~ •...•.•• 1 1126.................. . WideDed timilarly to 01. 683. Su1>-cl. (2) added for clari-
655 .............. 1 1076 .................. . The change from ~'the Crown" to "the Goternor in Council" fioil,tioa.
in su1>-c1. (2) is really a change in forIll as it conforms to
the instructiQns to the Governor Ge~ral. Sub.-cl. (3) 687 ..,......... :..'.j·1128 •...•.•.•.•.•••••.. / WldCllled IimUarly to clauses 683 and 685.
seta out the law as it is shown .by authorities.
I 688 ............... 1130..................... Wideaed ';';' inolud~ proceedings other than those under
656 .............. 11077 .................. . This is redrawn to simplify the provlsioljS (107·7 (2» as to '" Part XVI•.
notice of con:imutation.
I
.
'
,
·$92 ............ ..1706 .................... 1P~. (b~Ol) and. (e) are derived from s. 706 (b).
659 ............... 1 fi75A.I054A (8) ...... .. The Bill gives ti> magistrates acting under Part XVI the
same powe~:to deal with habitual ,ffenders as they
have now to deal with criminal se:tual psychopaths.
'Preventive ~etention·. is defined to pimplify drafting.
! \'I'~ (6)' ................ . Para. (g) i. derived from 8. 707 and s. 708 (5).
Paras. (0) (a) (f) and (h) are new to conform to the pro-
visions in tile Bill that all summary conviction pro-
• ceedinga are to be commenced by information. and that
an information may include more than one count.
59664-4
,'
"~'
"'"

,50 SI:ANrmW COMMITTEE ., BANKING 'AND COMMERCE 51


SECTIONS IN, 'Y.§~Cl:l.THERE .ARE SUBSTAN:rIVECHANGEs-;.-Continued . 'SECTIONS' INWHlCB: THERE ARE SUBSTANTIVECHANGE8-'-Colltinued
'"
Bill No. Code,No. ltemarks Bill No. 'C04e-No. RemiLrkB

·716 (1) .......... 735 and 736 ........ ";' .. It has been held that the costs to be awarded are thoae set
693(l)":"':~":1' 706 .............. : .. .. This is a change in form. out in t.he tariff.
1142 .................. . The change is that under the present s. 1142 the limitation
..~:~ ~:~.~~~.;.;.,: 737.'.; . .-.; . .'... ': .... '... . No change iII effect .
(2)........ . ..
. iil the Northwest Territories and the Yukon is twelve 738;: ....... : .......... . lteferenco'to distress omitted. Sub..c!. (5) embodies what is
m()nths. set"out in the warrant of committal and authority to
694 (1), ......... ,I 1052 (2), ....... , .... , .·1 This replaCes 1052 (2) but goes further to provide a general
,
.. . issue It.. '
penalty for summary conviction offences. It obviate. '.717 ............... 1748 (2):-(5).'.... : .... :.• , T~l' change is that the proceedings will be commenced by
the need for a great deal of repetition. information ,on oath. Otherwise the procedure is set
694 (2) and (3) .......................... .. These are derived from s. 739, omitting the referen.,.,'· ~
out in fuJ.ler detail.
distress, which has been dropped throughout. The
impriliOnment provided has been changed from 3 to 6
719 .............. 1749 (1) ................. 1 Changed as to the Northwest Territories (cl.
. .. . . also 01. 721.,
719 (0». See
months to bring it into conformity with sub·c!. (1).
720 749 (1) ......... : ....... ChaDged to give an appeal against sentence and also to
695,696 .......... 1 70s (1), 7io ........ , .. ,' Changed as follows: 8jlOC.Ify a right of appeal on the part of the Attorney
(1) Informations for offences as well as complaints General of Canada or of a province.
will be commenced by an information on oath.
, (2) The information is not limited to one matter 721 .............. 1749 ........ .'........... . This embodies provisions as to British Columbia (s. 749 (1)
but may contain more than one count. '(d), Saskatchewan (s. 749 (1) (fJ), Alberta (s. 749,
(1) (LI», ·Yukon and Northwest Territories (s. 749 (2».
699, ....... , ' .... 1 709, 732. , ' .. , ........ ,.1 This really drops s. 709, but the circumstances set out there '. , ,,".:,
are regarded, as reasons for the exercise of the discretion 722.............. 1750 Vi) ............... : .. This lllodifies s. 750 (I» in several respects:
;ll' u)J.der s. 732. (Brief pp. 1~150) •.. . •<2:) the notice of appeal is to set out the grounds of
apWiiJ,;; .". ,
700 .............. 1 711 pt ................ :. This':timits the reference to witnesses (dealt with in Pait . , , (2) 'there can be alternative service only where the
, ",Xp~:,of the Bill) also the reference to orders ex Parte 'reipondellt is a person engaged in enforcement of the law.
, which. is considered to be unnecessary. It could apply, e.g .. where a policeman respondent is
transferred during the pendency of the appeal;
701. ........ , .... 1 723, ....... '.... , ~ ... , .. .. This a~pli~s to summary conviction matters the provisions (3) the notice is to be filed within seven days alter
in Part XVII of the Bill which relate to particulars and ; service is completed. '
to the sufficiency of indictments.
750 (e) ..........,.. ,.: :.' Changed as follows:
704 ............... ,1,724 ... , ............... , This adapts to summary conviction matters cerlliin 'pro- '" (1) An Wormant appellant (except the Attorney Gen..
visions as. to amendment which appear in Part XVII ~al of Canada or of a province)must give security.
(CI.' '510) of the Bill. The provision for motion • '(2) The appeal court may permit the substitution
,to' quash in 'cl. 704 (1) and the provisions of sub-clauses . 'of a new and better 11lCOgnizance. This adapts the pro-
(2), (a) andl (5) are therefore new in this relation, but visi9ns of 01. 735 (4) (s. 762 (3)) as to stated cases. .
are designea for uniformity. Present provisions of s.
724 (2), .(3) and (4) that are peculiarly referable to sum.. 757 (1) ........ , ........ . Sub-cl; (1) makea clear that transmission is required only
. (,·,il fllllry convictions, are contamed in cl. 704 (4) and (6). if there is an appeal. It appears that the practice whore
705 ... : ..... , .•... 1 707 ...•. : _•..•;.'•... ,.:I.:paii,,(i{~~.' 707 (2) is in the definition of 'summary conviction
there is no appeal varies in the provinces. Sub-c!. (2)
, ,. ,court' 'in c1.: 692 (g). As to the proviso, see cl. 419 (b). is new. There is some reason to think that a right to
, ,;' There is, hQwever, a change in that· counselling or/ro-
: 'certioiwi exists in the circumstances described but that
might not be wide enough to cover all cases. Sub-c!.
:,.: cudng will be tried where the offence counselle or (3) is new hi this Part and is designed to fill a gap. It
"j ;;,>
t>r~~llfed is ~ommitted. adapts sub-ol. (2) of c1. 588 (s. 1020(2)).
"

708 ............. ,1 72 1. ...;.,., ............ . Sub-c1. (4) i~ added in view. ~f. th~ provisi?n that there
may he more than one count m an Information. '
753 and 7M (1).: ....... Sub-cl. (1) effects a notable clw.noe in doing away with a
. r:;; :'1",1" trial de novo on appeal. Sub-c!. (5) comes from s. 754
SulHll. (5) adapts· to these proceedinge the provision con- , (1) and sub-c!. (6) (0) comes from s. 753. The rest of
~;; II .n; i:t ',,". . tained in c1. 562 (s. 978). \ the clau.ee adapts (for uniformity in view of the aholi tioil.
.~(, .,. Subsec., 721 (4); as to character evidenCjl is not continued.
" It appears to add nothing to the geJ)eral rulesb Sec. 12
-;','!
'of trial de novo) some of the procedure relating to other
, .. of the' Cana,da Evidence Act alld th:e rules as' to cross- , apf83la (clauses 689 and (92).
exam.irw.ti?l1: will apply. '. ',:' I '.', 756 (1) pt...... o' ....... The provision in·s. 760 as to 8ix days' notice of abandonment
is not included.
710 (1)........... 722 (1) ............... :'j'
There is nb change here. . ;
(2),...... i .. " l " 722 (4) ............... "',"', T\le.re, is.. ,:11. ,change in the add. iti.onal.p.~OYisiOn for a deposit 760 .•.. ',;'-' : ...... .-.. is'.• ma~ter affecting oosts which ~e, by c!. 730, in the
:'1 This'dieoJetion
, ' . . . !l' lieu oHur.ety. .. i of the appeal Court.
(3) ........... 718 and 722 (5).: ....... Th181nvolves only a change m form,,;, , • 754 (1) pt., 756 (1) pt., .
(4~" .......... 722 (3) .... ,••...•... ,.... T,1t~ ,¥!.J1!,()~ed .. It is thou!th~ that a ~ufficient procedure 760 pt. c..... : ........ 'This cOinbiiies the provisions as to costs now appearing in
~,." ' . .' . ' ',: 18. proyideiI Wlthout contmumg subsec. (2) of s. 722 in " the 8eot.iOIl8 noted. This is essentially a change in form,
, ;; ",' . . .. ' ,,' ita preilent form. '; . ,
'.< ;' . . " " ! although iII •. 760 the word 'shall' is used.
.. 712 ............ , .• ,. 7~~A ...: •..••.• ,:,..,.:.••.•: There ill, a Il)4terial change in sub-cl.. (1)' in that application The chAn&e 18 'that the provision fordi8tress in 8. 759 (2) is
. " 'forBJiiniireal\lld penalty is subject.to notice totheaccUsOO
, tha.t 'i~ will. be asked for. Sy.b-cl. (2) of 01. 696 forbids " ~~'~':i~"';:::::::-:::: :::}
759 1 ..... : ......... .
'omitted from cl. 731 (4). The Bill does not provide for
dia~.
refetence in ,an informatioll .¥ 'a 'previous coll:!iction. I 759 2. (3) .......... ..
Sub-cl. (4) as to proof, adapts totliese proceedmgs the /.t~
,pro,visi9.'!5,of,c1. 574 (s. 982),. :4' ;i
.>.: :;'~'.
:) ~::.~~):.~~)::::::::::::}I Provision for distress (•• 766) omitted from cl. 732 (2) •
~tl .
~;. 757 (4) ............... .
""""r.,"',.' ""': ...... ~,.,"\ .. -tc"" ','-',
:"" i,e :t~;
i ~...
~fi~,
I '-,/
:52 STANDING COMMITTJ;J: ' BA#iKlN,G UD CP!4MJl~Jl G3
SECTIONS IN WHICH THERE ARE ~UB8TANTIVE C~ANG;ES-C~lawl --, PAaT ,XVI
. Olla.,.. itt B.b,~" ,. ~"

Bill No. CadeNo. Reml!,l"ka Pallt XV.! Isaoon80lid~tion of the preaent pariixyr .nd' XVlII., Thia hall made poS:-
sible the elimin:a.tion. of ... great deal of repetition. &8 m~y proViaiooil wer.· c®llllon to' both
Perts. ' ,
" This P...nt 'was 'submitted .to and NCtlived 'the approval oithePr!>Vlneial ,representatives
724 (1) .......... '1761 (1) ................ . Justice'8 refusal to state a case III dealt with in .01. 738. " pretent at' a join.t meeting wLth the Oommiuion In September ;ta,t;' '
(2) ........... 761 (2), (3) ........... .. Changed as follow8: . The main eh~ge8 under the BiU oaJ'e<&s foUowa1 . '..
, (1) Time for stating ca.se rllduced from 3 months to
1. The jurisdiotion. conferred. on magistrates is to be exerci~ by those specia.llY appcinted.
1 month. ,
(2) Time for filing and transmitting case increased
. - ' .
from 3 days to 7 days. Sub-cl. (3) is derived from s. 763. ',2. The asalute juri8lIiotion of magi.trates bas 1Ieen increased in ,the .folk>willi !'espeots;
(a) 01111 offe:ocei of l'9OIIiviq ~dretaiDi'Di oare.,included where the y.aJue is '50,00 or aess;
735 (.1).: ........ . 762 (1) ................
(2) .......... .
1
The only ohange is in the insertion of 8ub-cl. (3) which is
"'.
(b) the v·alue in 1'Ie8Jle9t <1l theft &ad Ialee pret~8 i. increlised from $25.00 tto $50.00;
(0) attempted :rieceiving, retaining e:nd obtoalnins by false pretence. are included; .
(3) .......... . new.
(4) .......... . 762 (2) ............... . (d) offences uuder clause 179 (lotteries) are included. .
(5) ........... . 762 (3) .............. ..
.3; The oabaolute 'jurisdiCltjQn (If m&iiatrate. hal \MIen ~ednced in the f~ni respects:
743 .............. 1 769A ................... 1 The exception in cl. 743 (1) (b) limits the right of appeal to a (a)ajitempt to commit .theft ~ limited to caSes where <the ,,&lue is $50.0() or. lees;
case where the stated case did not go to the Court of . (11) ,'the plf~cetI of indece~t assault de8Cribe~J/lJ1 seCtion 773(d) are eliminated;
Appeal as it may do in British Columbia, Saskatehewan,
Alberta and Manitoba. ,to)
. .':the offence of being en .Ilmaie of .. bawd,. bouse ,
i. elimin8ited.
.,' (

It was felt that there should be provision for costs here as in


preceding steps in summary conviction proceediup. . ,'" .4. Thejurisdiotion with consent'is i:oe~c1 <Me uote to clause ~13).
744.~ ............ 1 770 .................... 1The item8 relating to distreBII are not included. IS; The form of the election i. changed. ' ..
.: 6. Thit iliuiitationof aeUteooes in retpeat of ,O~CH over which magistrateehav'\l absoilute
"Reasonable COlts of transportation" substituted for "reason-
able livery charges". jurisdiotJ(nl' is dropped. None' of the oIj1JlOe11 over 'Which, magisj;ra.tes> have absolute
jufildfetion is punishable with ~re -than tw()
, ' ' ,
,.ea.rs. "
~;,.' ~
. ' ' .' "
, ,'" ~ ' .. : ( '. I . ':' •

7. Charges may be joined in the one indictment ,with power to om eep.I\of~. trial~.
"

8;' The ~ewba,t involved provl.lon. of p.Ut XVIII l'Ieiardiug eleotlon mel. noeleetion hILve
·been made lmifo:rm &ad have been simplified 80 as to provide ·tha.t, .witbche, consent of
" the Crown,. there may be eleetion or re-election withw., U dill-)"I 9f. ~~ ,ju/-,y ~i:tt~ugs but
',I ,~::not otherWIse., , , ' ' : , ,: ;"" '" . . r"
, j,'f-The .following t6ble giVes the 8Ou~e o.f Ith~ cia-uses of tl\e BiilI .in 80 far, ~ it is Vossible
to fto 80: . " . ,;.,,:,' " ", ," ".:: "
,":~ . .. :,'-' .,J
't "' :'(
BiUNo. Code No. BiUNo. ':' . : g~N~.

I;
466 823 6oJi, 771 U6 . i""~,tlS)"
773 477 '832 ' .
!i'mend (2) 781 (1) aDd (t) .
786
478 ',; . 827(3)