Ontario Community Newspapers

Ontario Scrapbook Hansard, 8 Apr 1938, p. 2

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SEIZURE WILL Motor vehicles will be impound. ed tor three months automatically under first convictions of drunk driving. laid under the Criminal Code. or of driving after a permit is suspended or revoked, under amendments to the Highway Traf- tie Act. passed hy the Committee of the Whole House at Queen's Park yesterday. Peachy for Hit-and-Run Driving Increased in Ontario Bill Toronto M a m b a r Wants Lights Carried by Pedes- frians on Highway The amendments also viewed in sterner light the offense of tailing to return to the scene of an aeci- dent and ruled that in event of a second conviction the motor ve- hicle shall he impounded. Previous- ly, the impounding penalty applied only to the third offense. Legislation applying to the im. pounding of car: was held over after the House. Wednesday. held that the bill in original form should have excepted automobiles which were driven by employees. and at the time of the offense be. yond ttttcontrol of the owner. PASSED " COMMITTEE Protection in these particular cases is afforded in a clause which held that in event of conviction for the offenses named. the motor ve- hicle shall be seized "provided such motor vehicle is registered in the name of such person or husband. wife, parent or dependent child of such person." ' William Duckworth (Cons.. Dov- ercourt) emphasized strongly that the new act should make compul- sory the carrying of a light or a reflector by persons walking on highways at night. Balked from making an amendment. the member declared that he would introduce such legislation at the next session. mum mu lAWRESTORED BE AUTOMATIC 10 DENY sun (hlCihll/lCl0 IN FATALIIIES ACT NOT RETROACTIVE Application to Ontario of the House of Lords decision-Rose and Ford-allowing recovery of dam- ages for the death or loss of ex- pectancy of life of any deceased person. was destroyed by the Legis- lature yesterday. Province Takes Retrograde Step, Croll Tells House Restoration of the law to the position it enjoyed for 100 years prior to this famous English de- cision was provided for in a public bill-a Trustee Act amendment--- sponsored hy Ian T. Strachan, Chief Liberal Whip Former Labor-Wel- fare Minister D. A. Croll tried des- perately to have tho House carry an amendment. providing that dam- ages might go, under provisions of the Strachan hill to tho. wife, hus- band. parent or child of a deceased person. The House, however. dis- regarded his impassioned plea for recognition of "the poor people," and his contention that the Prov- ince would rue "the retrograde step tt is taking" for many a day. As the direct result of an amend- ment successfully proposed by Hon. William Finlayson, former Minister of Lands and Forests, the act as ttow passed will not apply to pend- ing litigation. This Strachan measure has had a hectic career during the session closing today. and provided more cross-purposed lawyer argument before the Legal Bills Committee to which it was referred. and which, on one occasion attempted to re- verse a decision reached the previ- ous day, than any bill in recent years. The Croll amendment was reported by this committee to the House proper. on Wednesday. but little hope for its future was sub- sequently entertained, in the face of rumors that Premier Hepburn and his Cabinet were insisting that the original Strachan bill should go through unaltered, and that the Liberal Party should vote solidly for it. Held "Pretty Good Law." Strong argument was advanced by Hon. Mr. Finiayson that the Strachan bill should be set aside, until such time as the Attorney- General's Department could make a thorough survey of the situation. and prepare adequite legislation for ti'iri'?att,t',? next session. The egisiature. he argued, should not "rush in" to change a decision of the House of Lords. If that decision was "pretty good law" for England. " was, in his opinion, "pretty good law for Ontario." Nothing would be lost, he submitted, by allowing the Rose and Ford decision a year's trial. Surely. said he, the Legisla. ture had sufficient confidence in the courts to leave them to deal fairly with people under the law. The driving force behind Mr. Strachan's legislation - "and we might as well be frank about it," said he-were the insurance com- parties which had, he said, to bear about 80 per cent of the burden accruing from the House of Lords' ruling. h ta Indignant denial was voiced by Attorney-General Conant that he tir any one else on the Government side of the House, as far as ho knew, was in any way connected with the insurance companies, "I'm not suggesting for the mo- ment that the Attorney-General is connected with the insurance com. parties," replied Mr. Finlayson, "hut I do suggest there has been a tie. termined lobby going on outside." Ministers Back Measure. Sponsor Stracham informed the Legislature that under no circum. stances could he vote for the Croli modification amendment which he dubbed a "monstrosity." He pre- terred, he said, to accept the opin- ion of leading members of the bar and Judiciary in preference to the views of Judith Robinson, column.. lst of The Globe and Mail. The Croll amendment. he said, had the effect of committing the Legisla. ture to direct an unequivocal ap- proval of the principle of the Rose and Ford decision. "Under no cir. cumstances." said he, "can I con- done such a situation as that." Attorney-General Conant felt that the Strachan bill should pass, unchanged, although he considered the present scope of the Fatal Ae cidents Act too restricted, and that something should be done about it. if possible, between now and the 1939 session of the House. "If that's your feeling." said 0p. position Leader Macaulay, "why didn't you avoid all this trouble and argument by bringing down an amendment to the Fatal Accidents Act this session. so as to meet the general views of the committee?" Highways Minister T. B. Mo- Questen announced his support of the Strachan legislation, claiming that while the Attorney-General would doubtless deal with the issues involved "in due course," something had to be done now. It was his view that the law for the time being should be left as it was prior to the Rose and Ford de cision.

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