That that survey of the general field in Canada, I would like to come ta a more Pe examimeion of the background of the present Canadian legislation.
We have had fer many years—I see I am getting a little ahead of myself. There ts another matier which I think I should mention, Mr. Chairman, to give you the full background picture and that is the constitutional position.
Here, I should say that although Tam chairman of ow own party organization, that is our awn caucus committee of the Canadian Par- liament dealing with matters having to de with Jaw and law enforce- ment, I don’t wish to pose as an expert Jawver.
The Chairman. That would compare to our Judiciary Committee, would it not?
Mr. Furron. Yes, except that this is 1 committee infa which our own party has organized, an opposition party, for the purpase of examming any legislation introduced by the Government having a bearing an those matters. It is because of my interest in that subject, and, to some extent, of my position in my own party, that L have been a spokesman on this matter. I mention that merely to make my pesilion clear. L don’t want to be taken as an expert.
I do now want to tnrn to a consideration of the constitutional position in Canada, I think I stated it correctly but I do so to some extent as an animteur. IT mention it because there may be some dif- ference in the constitutional position as between our two conntries, particularly when tt comes to the subject of law enforcement.
In Canada, broadly speaking, under onr Constitution, which is the British-North America Act, all general criminal matters wre reserved exclustvely to the Federal Parhament, whereas on the other hand, all matters of local Jaw enforcement are left exclusively to the jurisdic- tion of the previneial government.
When it comes to enacting criminal law, the Federal Parliament. alone can act.
When it comes to enforcing that law the responsibility and the authority rests exclusively with the provinee. No province could enact as part of the crimmal law any provision having exclusively application to its own territory.
On the other hand, everything enacted in the realn: of general eriminal Jaw by the Federal Parliament is equally applicable all across the country.
As to the background of the legislation that we have, there has existed under the criminal code of Canada, which is a statnte covering matters of general criminal law, for many years # section dealing with the genera] prcblem of literature, obscene literuture, indecent objects, indecent exhibitions, and so on, That is found im section 207 of our criminal code.
And I should point ont T have here with me a bill which has just this year been passed by the House of Commons, bill 7, whieh is an act entitled “An Act Respecting the Criminal Law.” Thut ts a general revision und recodification of the criminal code for the purpose of cousolidating in one fresh statute the original statute, pins all the amending acts which have been passed over a period of some 50 years, since the last. general revision. ‘There are only, in a few cases, changes in principle.
