The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 2 Apr 1909, p. 1

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syNDAY CAR QUES T 1 O N. How Mr. Machay's Division _ Court Ponding _ Resul A Pronouncement Made by Sir James Whitney. The -- newspapers are not likely to obtain many radical improvements in the law of libel at the present session of the Legislature. . When the House went into committee yestorday to con-- sider the Government bill, the At-- torney--General had but two changes to submit as a result of the efforts of the Press Association. UOne of these extends the power of the Judges in the -- consolidation of similar . cases against a number of newspapers, and the other--more important to the pub-- lishers--is that requiring that an ag-- gricved party shall give th¢6 publisher written notice of his complaint with-- in six weeks of publication. This provision is included in lieu of any change in the three months' time al-- lowanee for the issuing of a writ. The -- discussion -- indicated that the Government will accept Mr. Wm. Proudfoot's suggestions that, cere this clause can be availed of, the news-- paper shall publish on its front page the name of its owner or responsible financial head,. and shall further ad-- mit publication-- on production of a capy of its issue. Hon. Mr. Foy's Sympathy. "I can sympathize to some extent with the, newspapers," said HMon. J. J. JToy, "but our first duty is to protect the public'--a sentiment in which Hon. A,. G. MacKay concurred. Only Two Amendments in the Government Bill. A distinction will be made in favor of the news columns as against the cditorial comment in the case of de-- manding security for costs from the plaintiff in a libel action. . . _-- With Mr. F. G. Macdiarmid (West Elgin) in the chair, the Attorney--Gen-- eral submitted the Government libel law -- amendments to the House. Mr. Foy proposed to give the Judges wider powers in the consolidation of cases where a number of newspapers . are defendants for the same alleged 1 libel. The bill makes the newspaper | responsible for its contents, '"editorial, correspondence, or otherwise," unless | for paid advertisements. The Min-- ister said the newspapermen -- had | asked that the present three months' time allowance in which to start an action be shortened. "Rather than do that," observed the Attorney--General, "1 am inserting a clause under which a plaintiff in a libel action will have no status in law unless within six weeks of the publication complained of he has given the newspaper notice of his complaint but not intended action in writing, Fome Opposition Views. Mr. W. Proudfoot (Centre Huron) asked the Attorney--General whether he had considered the question -- of requiring newspapers to print the names of their owners on the front page. "If this were done," said Mr. form -- Measur« Bills Advanced. fL LAW NOT _ _ CREATLY CHANGED 'Ray's Amendment to the Court Act -- Withdrawn Rosults of the haw HRe-- sure--Some -- Government PFhidfoot, "service of the writ on the person whose name appears could be made sufficient. It not infrequently happens that certain newspapers seek t0 evade responsibility by objecting to the service." The question _ of proof of publication should also have nttention, Mr. Proudfoot maintained . The mere production of a copy of the paper should be prima facie evidence of publication, he observed. "The plaintiff is frequently put to _ much trouble and expense to secure this proof."' _ _ Mr. D. J. McDougal (East Otta-- wa) -- concurred. While the news-- papers were entitled to reasonable protection, he pointed out, the plain-- tiff should be accorded _ protection when a libel was committed. Hoe thought the law should give the plain. tiff reasonable facilities for carrying on his action. He believed that the owner's name should appear on the front page, or that of the man who was financially respons-- ible for the publication. He also en-- dorsed the proposal that the publica-- tion of the newspaper should be deem-- ed proven by the production of a copy of it. "It shifts the onus," observeqd Mr.! Proudfoot. | "And prevents a lot of costly red| tape," supplemented Mr. McDougal. | The _ Attorney--General confesspdt himself impressed with Mr. Proud-- foot's suggestions. "It might well be," said Mr. Foy, "that a clause should be added providing that unless the | newspaper does the things suggested it cannot take advantage of the six | weeks' notice. Has my hon. friend | framed his amendment ?" | Mr. Proudfoot--No. | Hon. Mr. Foy--Then I will | ask | him to do so, and the clause can be' so amended. | | Unsatisfied Judzgments, J Mr. McDougal drew attention to | the case of a paper having an un--|' satisfied judgment against it for Iihol.{ He asked if the Attorney--General contemplated doing anything to cr)m-| pel it to suspend publication until such time as the claim was satisfied. '"'There should," said he, '"*be some effectual way to get at execution--proof | papers which make a trade of ubening| people." '"You would make them forfeit their franchise or trade mark *" put in the Premier. Several Government measures were put through Committee of the Whole and given their third and final read-- ing. _ These included Hon. Mr. Duiff's bill to regulate the manufacture of dairy products, and Hon. Dr. Pyne's bill to amend the university act by adding the Superintendent of Educa-- tion (Dr. John Seath) to the faculty of.education. An amendment to the The committee here rose and re ported progress. The Sale of Firearms. Hon. Frank Cochrane killed Mr. W. D. McPherson's bill to restrict the sale of firearms. -- Legislation of that kind, the Minister said, would not only in-- jure trade, but destroy individuality and fail in the very purpose for which it aimed. After the Minister's knock-- out had been supplemented by jolts from Messrs. Wilson, Gamey and McGarry the member for West To-- ronto bowed to the inevitable. As to Sccurity for Costs. Hon. A. G. MacKay urged that a distinction be made. in requiring se-- curity for costs, between the editorial and news columns. e thought inno-- cent errors might frequently occur in the news columns. Mr. Foy thought that any further relaxation might open the door for libels, which ought to be guarded against. The public had to be pro-- tected as well as the newspaper. . "I can sympathize to a certain extent with the papers," said the Minister, "Their name or title migh 'onfiscated," said Mr. McDougal. isked the Minister if he had e ny method of getting at such p Hon. Mr. Foy said he had The only redress was to take for criminal libel. . Men who thus libel viciously. would. nod tate to start a paper under a name if necessary. Mr. MacKay agreed. He thought that security for costs should only be permitted from the plaintiff when the alleged libel was in the news col-- ;lmnS. not when it was editorial mat-- er. '"but our first duty is to protect the public. The newspapers must take greater care and exerceise closer super-- vision.'" title might be . McDougal. He f he had evolved he had not. to take action n-- who -- would muld _ not. hesi-- umuler another papers.

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