STATEMENT IN COURT

Dominion, Volume 27, Issue 15, 12 October 1933, Page 11

STATEMENT IN COURT

Chief Justice Inquires as to Its Meaning

GOVERNMENT INTENTIONS

When the hearing of the application in the Appeal Court to declare section 55 of the regulations under the Dairy Industry Act null and void was resumed yesterday, the Chief Justice, Sir Michael Myers, prior to the commencement of argument by Mr. A. Fair, K.C., for the Attorney-General, referred to a statement made by Mr. Fair at the opening of the case the preceding day.

The statement made by Mr. Fair was that, since the present proceedings were issued the Government had given consideration to the question, and perhaps it was advisable that he inform the court that it bad decided to legislate in this matter independent of what the result of the decision of the court might be. The Chief Justice asked Mr. Fair what was the precise implication in that statement.

Mr. Fair replied that there were two reasons for the statement, the first of which he had not been at liberty to state, but the court might have considered under the circumstances whether any argument should be addressed to it, or whether the matter should be deferred until the Government had taken steps. Had he not made the statement he might have been told that he should have informed the court of the intention of the Government instead of allowing argument to be presented and then find that the Government had given effect to the matter in legislative form.

The Chief J ustice: This is a proceeding before the court, and the plaintiffs were entitled to their bearing. Mr. Fair said he had agreed to the form of the proceedings, and understood that Mr. Finlay took it that the agreement as to form carried with it an agreement as to the court determining the matter. Accordingly he was not at liberty to address argument to the court either to postpone the hearing or not to hear it at all. Mr. Justice Ostler inquired as to the other reason. The Solicitor-General replied that in a case of that kind, during the discussion questions of policy might arise which would bear to some extent on the considerations to which the court bad to pay attention. lie thought the court should know that the Government had considered the matter and had determined on a policy, so that if that sort of discussions did arise, the court would know that on questions outside the legal aspect of it there was some action being taken. The Chief Justice: This court is not concerned with the intention of the Government. It can be concerned only in matters which come before the court in the ordinary way, and in which the parties have a right to be heard. Speaking for myself, I think it would have been better had you not made that statement.

Mr. Fair said he made the statement for reasons which he thought justified him in making it. and he was sorry If the court considered it. inopportune. The incident then closed.