SoVote

Decentralized Democracy

Senate Volume 153, Issue 17

44th Parl. 1st Sess.
February 10, 2022 02:00PM
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  • Feb/10/22 2:00:00 p.m.

Senator Dupuis: Would you agree to table in the Senate any legal analysis that may have been done by the Department of Justice regarding this constitutional resolution?

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Hon. Renée Dupuis: Senator Cormier, I have a question related to the one posed by Senator Mockler.

Do you think that the study of this type of bill could be shared by more than one Senate committee, for example, the Committee on Official Languages and perhaps the Legal Affairs Committee? Do you think it would it be possible to split the study of this bill, as we have done on other occasions?

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Senator Dupuis: Senator Gold, you referred to clause 16 of the contract, which exempts Canadian Pacific from provincial and municipal taxation. Please correct me if I have misunderstood the 1950 Supreme Court ruling in C.P.R. v. A.G. for Saskatchewan. It is an English-only document that quotes clause 16 of the contract, which states that the company, all its facilities and shares, all its capital, and I quote:

[English]

. . . shall be forever free from taxation by the Dominion, or by any province hereafter to be established, or by any municipal corporation therein . . . .

[Translation]

If I read this Supreme Court ruling correctly, it is indeed an exemption from taxation that covers not only provincial and municipal taxes, but also taxation by the Dominion, that is, the federal government. Can you provide us with the documents that relate to this contract, so we can properly consider this motion? I fully agree with you that this is extremely important to the people of Saskatchewan.

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