The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 13 May 1920, p. 2

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The Attorney-Géneral defended what he admitted to be somewhat less he proves himself innocent. Surely to goodness all the agencies of the law should be able to obtain sufficient evidence to prove a man guilty if he is guilty." "I should hate to see this House," said Mr. MaeBrido (Brantford), "so far depart from the basic principle of British justice as to pass any act which shall say , man ls guilty un- Ono important pronouncement way delivered by Attorney-General Haney, when he promised R. L. Brackin (West Kent) that the Gov- ernment would give serious consid- eration to his demand that those convicted by a Magistrate for in- fractions of the O.T.A. should have. Ithe right of appeal to a County Judge. Mr. Homuth opened the discus- sion when he complained that men were being practically convicted of breaking the 0.T.A. before they had been found guilty by a court. "The whole onus of proof," he said, "is on the defense, and that is abso-, lutely wrong." The Labor member: said he was prepared to cite cases where men, unable to clearly estab- lish fheiisfnnooence, were convicted on Ilpat hand." Mr. liven!!- "reamed himself as in' entir sympathy with Mr. Ho- muth's views. Surely, he thought, with the big staff ot liquor oftleert,i and the tremendous expenditure in-! curred in the enforcement of the act, l no citizen ot the Province should bet convicted because, as defendant, he. was unable to prove his innocence.l Tho only really contentious clause in the Sandy Bill stopping the short- circuiting of liquor was that plac- ing the onus of proof on the defend.. ant in court actions, when in came up in Committee of tho Whole yes-j: terday in the Legislature. II. fr. gDewart, K. R. Homuth, Labor-i l member tor South Waterloo, and M. i Iss. MacBride, Labor member for! Brantford, complained that when, existing and proposed temperance; legislation places upon defendantsf 'the onus ot proof that liquor in; {their possession was legally thppedl to them, and was not for purposes] of resale, it violated the basic prin-l cirles of British Justice. I Mr. Homuth moved for the rejec- tion or the clause, but his motion was lost on a vote. Every Farmer member present voted that the clause remain. Labor. with the ex- ception of the two Cabinet Mints- term, who were not present. voted for the Homuth motion. Liberals and Conservatives split. The bill will come. back to committee again, but it is thought that its next ap- pearance will be but a formality and then it will get third reading, Grant Right of Appeal. 'ACCUSED MUST I FURNISH PROOF, ( Bl SANDY BILL Raney Says Government May Consider This With 0.T.A. Infractions THE RIGHT OF APPEAL Contentious" Clause Stands After Some Rather Violent Assaults Discussion: then , proceeded. ", s-Th.ts Sandy Bill does no; beCome effective until after we result 91'1he_.referen- than 'vpte, and importation " stop Tiied, if thg'geople' tro.votis, The Con; tiitrvatives: td nut. continua their fiirht against this. clause which .they started when the bill was up before. Committee of the. Whole was the place for amendments; how could amendments he printed beforehand, when nobody knew what they would be. The bill .Wbuld lie reprinted af- 'w'c itihad passed the' coinmlttee with allm'tthe amendments in. . . . 'tion. '. The _Pr'tri1idtriGir7tiu'i out that Preminr 1arur.v%rait effectively With the criticism, and after his explaxm~ Cton MI: frpGriir.withdrdw his mo- dlvlduals had sold thousands of, cases of liquor and made 44,000 and $3.000. and gladly paid the Govern.. ment its $1,000 "ctprtimission." l lu'trevtive After Referendum. ,' The bill as printed was not quite' what was being cunsideved by the committee. '3otpe-copies had been revised in pencil. but not all the' members. hpd a, holly. M. M. Mac- Bride endeavored lo get the Pis-. cussi'on held over until suvh time; as they had llie,amenuments print-! ed and eaty'lt..ttteapbist' had a copy. (xl G. Halcroiv moved that the commit- tee rise and, report progress. 1mm; much time 'a.rr, the bill fully printed: was before the, $hrrtutiittee. .of the; Whole. ' V ', Pass Miutistrttfes Prejudiced. l 5 Mr. Brackin attacked the Ontario Temperance Act from. anew angle, thatrof permitting iteexperienceaiind' oftentimes prejudiced cou.ntry Matris- tratos to convict with no chance of! appeal. Many of these Magistrates, utterly opposed to any man having liquor in hiss possession, legally ter IL i, Ie,ga'slr, convicted as suqon as it wax admitted that tho ',t,'lee,t/,et had- "litqutar in' his cellar. '/ n nine out or, ten vases," he declared. "it is per-," tot1u.l prejudice with .these Magis-', Hams." Defenda s, he contended., should have tho. lght to appeal to thvtourtts Jud " in his own. countr. "The curse f our judicial syss; lean," he (tonti had, "is this everlasb; lug Jl'iil'e"/'tltt1',1' ot vvm'ythink': down in therity of Toronto," When; T0t'c'b'tisvention, London. in- terrupted to remark that he didn't know therd was any curse attached yo the jlgdjcial system, -the, West Kent m trtbet. agreed that there. Nuisn't'gutside of London, and he, did 11:]? believe the curse there was; in ca 4 action with the. judiciary. Mr. E 'tu...'., .l-.l._ s ' -- - Bria akin. in. The Attorneg-Goneral ashamed to; make reply to.- Ir. Machide's query' as to whether he would apply the principle of It, man proving his own innoeenorin a murder case. , . t .. 1 "There have been no c, .. es of In- Justice brought. 'to my aggtion," m- sisted Hon. Mr. Haney, which the member for West If t, 'retortndz, "There would,.be, no " use." . . , "I am not so firth' .'ltstud, the Ati. tor'nev-Gener'ai. "a In ,these mat. tars. I am inclined o mink the law for tho prntm'timl f criminals, tor it is wally that. 1% been carried too far " f Nor could the 0ltlronPrltrr of 'thei clause. in tite opinion of Hon. Mrpl Runey. point: out any injustice that; had been porpetrall-d under the "Ir: tuna Temperance Act. 1:. L. Bm'ckin, I "fest. Kent. jumped lo his feet tofnitel a. case at. Erleau. and Mr. Dd'wurtf pointed, to the 'numbers of remissions I of tinert as proof that departmental! revision of conviction]; had unearth-i ed schema Ir. cases of injugace. ', K _' ,' urn A-" "i...- L- '- Mr. Dewar! protested all the At- t0t'ney-Geiter'al's interemw. and Mr. MucBride. Brantford, was on his feet to any that imahad found huneqt' men in the majority in the 1'ru_vincis. "I evidently haw mot met as many rogues as the. Aiturue-y-ra'ruiert.u," he declared. artpt departure fromljho mug! prjn; mules Jtf.,Atiqttee.r. Jrhg, Jiqisp'r flaws with. .Provmce. Jter di.iiiiaririr, were the moat 'i.rt1eutrit, 31111119, laws on the statutes books, to 'enfnrtm.' t He started to say he, had rm'eivéa' up complaints "onru'rnftigt tho deviation. from the tltiual "Om-.49 in "spew-r io the liquor laws of the. PmVlnL-e, when Mr. Dewurt inl'wrstsptod with an expression of tlismeiivt. I "Well," said Hon. Mr. Haney, ryr; course, every rogue who' feels the; halter drawing 'mukvs complaint. But who has heard of any honest man making complaint?" T Honvst Men in Mttjorltr. I ')ht:rddi'i't'f': his own. county. e curse t our judicial M's: he can" 'und, "is this everlast- '.'l'i/l'l'Jtl)ll"iCt1 or Werything ' in Quoting injhstices at tiid retered to cases where in-

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