DEATH PENALTY IN CANADA

Press, Volume XCIII, Issue 27928, 27 March 1956, Page 8

DEATH PENALTY IN CANADA

ABOLITION BEING CONSIDERED FREE VOTE SOUGHT BY M.P.’S (From a Reuter Correspondent) OTTAWA. The vote in the British House of Commons favouring the abolition of capital punishment had immediate repercussions in Canada. The subject was already being hotly debated because of the circumstances of a recent hanging and because a Parliamentary Committee is due to report shortly on the advisability of the death sentence. On receipt of the news from Britain, the leaders of the two principal Opposition parties at once pressed the Prime Minister, Mr Louis St. Laurent, for some indication as to whether a

“free vote” such as had taken place in the British House of Commons would be permitted in the Canadian House. Under a free vote, members of all parties are left free to vote as they wish and the overwhelming Government majority of Liberals would not have to take their cue from the Cabinet.

The question of a free vote was raised by Mr John Diefenbaker Q.C., Conservative member for Prince Albert, supported by the Leader of the Opposition, Mr George Drew. They were joined by the Socialist, Mr M. J. Coldwell, leader of the Co-operative Commonwealth Federation.

Under a free vote, there is a much greater chance of abolition of capital punishment in Canada than under a regular party vote. Here, as in Britain, members of the Government have been less in favour of abolition than private members.

The British vote took place just after Wilbert Coffin was hanged at Bordeau prison in Quebec, in circumstances which provoked a controversy He had been found guilty of the brutal murder of an American tourist who was a member of a hunting party. The evidence, though strong, was circumstantial. Furthermore, when the question of a retrial was referred to the Supreme Court, two Justices voted in favour of a retrial while five opposed such a step. This left in the public mind some slight doubt as to whether a miscarriage of justice might not have taken place. In these circumstances, there was widespread expectation that Coffin’s sentence might be commuted to life imprisonment. The Cabinet, however, after reviewing The case, decided that this was not an occasion to invoke the Queen’s prerogative of mercy, and Coffin was hanged. Mr Diefenbaker’s question was prompted by the Coffin case, reinforced by the British vote: The Liberal Government has given no undertaking that there will be a free vote in the Canadian Parliament but the Minister of Justice, Mr Stuart Garson, has promised that the matter will be given earnest consideration.

Committee to Report Immediately after the receipt of news of the British action, the Government gave notice that the Joint Committee of House and Senate on capital punishment would be reconstituted. This has now been faking evidence for two years and is expected to present its final report at the present session. The chairman of the committee, Mr Howard Brown, Liberal member for Essex West, told the press that the British precedent “cannot help but affect the thinking of the (Canadian) committee and give it food for thought.” Mr Brown himself favours a free vote to take the question of capital punishment out of party politics.

Before the British Parliament took its stand, the chances that the Canadian Parliament would vote in favour of abolishing the death penalty were considered slight, though it was expected that the Joint Committee might recommend that some form of execution other than hanging should be used.

Now, however, the principal proponent of abolition, Mr Ross Thatcher, Independent member for Moose Jaw, snid that the chances of abolition are “at least 50-50” and that even members of the Cabinet now admit this, privately. Among those who hesitate to vote for abolition, there is a growing feeling in favour of reducing the number of cases in which the death penalty is mandatory, perhaps introducing the American distinctions between “first degree’’ and other murders. .The evidence of Sheriff Connover, of Toronto, weighed heavily with the Joint Committee. He showed that juries are reluctant to convict for murder requiring the death penalty, and therefore in his district had brought in verdicts of manslaughter in a large majorty of cases, even where such a verdict was highly inappropriate.

The year opened with 11 persons sentenced to death. Their cases were Jo be considered by the Cabinet. The British action is leading to demands that a “moratorium” be put into effect on executions until after the Joint Committee has reported and Parliament has voted on capital punishment. Since the Canadian Confederation was formed in 1867, more than 1300 persons have been sentenced to death but in just over 500 instances, under the Queen’s prerogative, the sentence has been commuted to life imprisonment. •