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Decentralized Democracy

House Hansard - 26

44th Parl. 1st Sess.
February 8, 2022 10:00AM
  • Feb/8/22 10:24:06 a.m.
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Mr. Speaker, it is a huge honour to table this petition on behalf of residents of Cumberland, Courtenay, Parksville and Port Alberni. The petitioners want to draw the attention of the House of Commons to the estimated 235,000 people in Canada who experience homelessness every year. Canada's commitment to reduce homelessness right now by 50% over 10 years would still leave 117,500 Canadians homeless each year. The petitioners are calling on the House of Commons to take immediate action by officially recognizing that housing is a human right, and to develop a plan to end and prevent homelessness in Canada.
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  • Feb/8/22 10:24:54 a.m.
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Mr. Speaker, I have two petitions to table today. First, over 1,500 Canadians have signed a petition raising concerns about Israel's designation of six leading Palestinian civil society organizations as terrorist organizations. They note the concerns raised by the UN special rapporteurs condemning the designation, and they call on the Government of Canada to call upon Israeli authorities to immediately rescind the designations and to end all efforts aimed at delegitimizing and criminalizing Palestinian human rights defenders.
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  • Feb/8/22 10:25:57 a.m.
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Mr. Speaker, the second petition has been signed by almost 1,000 Canadians. They are calling attention to the fact that non-believers are persecuted in several countries, both by governments and the public. The petitioners note that freedom of religion includes freedom from religion. They call upon the Minister of Immigration, Refugees and Citizenship to clarify the status of the less complex claims policy, and to ensure that non-believers are included in the list of people eligible for any special refugee status so that they will be treated equally with those people belonging to the religions listed in the less complex claims policy.
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  • Feb/8/22 10:26:07 a.m.
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Mr. Speaker, I would ask that all questions be allowed to stand at this time.
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  • Feb/8/22 10:26:12 a.m.
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Is that agreed? Some hon. members: Agreed.
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  • Feb/8/22 10:26:12 a.m.
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  • Re: Bill C-10 
I am now prepared to rule on the question of privilege raised on February 1, 2022, by the member for Louis-Saint-Laurent concerning the alleged premature disclosure of Bill C-10, an act respecting certain measures related to COVID-19. During his intervention, the member argued that the Prime Minister had spoken about the bill in detail during a press conference held the day before. At that time, the bill was on notice and had not been introduced in the House. The member said that the bill is simply entitled “An Act respecting certain measures related to COVID-19”. He added that the Prime Minister had provided details by indicating that the government was going to present a bill to continue to offer the greatest possible number of rapid tests to the provinces and territories. He also said that such a disclosure breached the convention that members must be the first to learn the details of legislative measures and thus constituted contempt. The parliamentary secretary to the government House leader responded that the Prime Minister had only spoken about the bill in general terms and had not disclosed any specific details. He also said that sharing a draft of the bill with the opposition parties before its introduction satisfied the requirement that members must be the first to be informed of such measures.
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  • Feb/8/22 10:28:28 a.m.
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  • Re: Bill C-10 
The convention that members have a right to first access to legislation is a well-established practice. Looking at the relevant precedents, including those cited by the member for Louis-Saint-Laurent, the Chair notes in particular that, when a premature disclosure was ruled to be a prima facie breach of privilege, precise details had been disclosed. These provided evidence that the contents of the bill had indeed been shared before they were disclosed in the House. In the case before us, the Chair must determine whether the information provided by the Prime Minister at the press conference constitutes a disclosure of the contents of the bill, which would be, at first glance, a breach of the privileges of members or of the dignity of the House. Bill C‑10 is relatively short and contains only two clauses. The purpose is simple. The first clause specifies the maximum amount that can be paid out of the Consolidated Revenue Fund for the purchase of rapid tests. The second concerns the distribution of these rapid tests to the provinces and territories. The second aspect of the bill has been part of public discourse for some time now. It is the view of the Chair that the Prime Minister’s statement does not give way for the Chair to conclude that there was a breach of the privileges of the House nor to give the matter precedence over all other business of the House. Thus, I cannot conclude that there is a prima facie question of privilege. In closing, I would like to point out that the disclosure of bills before they are presented in the House has recently been the subject of several questions of privilege. A new practice also seems to have been established in which the government shares certain bills with the opposition before they are introduced. As such, the Standing Committee on Procedure and House Affairs may wish to review these elements and, if necessary, share its findings with the House. I thank the members for their attention.
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  • Feb/8/22 10:35:56 a.m.
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moved: Whereas on October 21, 1880, the Government of Canada entered into a contract with the Canadian Pacific Railway Syndicate for the construction of the Canadian Pacific Railway; Whereas, by clause 16 of the 1880 Canadian Pacific Railway contract, the federal government agreed to give a tax exemption to the Canadian Pacific Railway Company; Whereas, in 1905, the Parliament of Canada passed the Saskatchewan Act, which created the Province of Saskatchewan; Whereas section 24 of the Saskatchewan Act refers to clause 16 of the 1880 Canadian Pacific Railway Contract; Whereas the Canadian Pacific Railway was completed on November 6, 1885, with the Last Spike at Craigellachie, and has been operating as a going concern for 136 years; Whereas, the Canadian Pacific Railway Company has paid applicable taxes to the Government of Saskatchewan since the Province was established in 1905; Whereas it would be unfair to the residents of Saskatchewan if a major corporation were exempt from certain provincial taxes, casting that tax burden onto the residents of Saskatchewan; Whereas it would be unfair to other businesses operating in Saskatchewan, including small businesses, if a major corporation were exempt from certain provincial taxes, giving that corporation a significant competitive advantage over those other businesses, to the detriment of farmers, consumers and producers in the Province; Whereas it would not be consistent with Saskatchewan's position as an equal partner in Confederation if there were restrictions on its taxing powers that do not apply to other provinces; Whereas on August 29, 1966, the then President of the Canadian Pacific Railway Company, Ian D. Sinclair, advised the then federal Minister of Transport, Jack Pickersgill, that the Board of the Canadian Pacific Railway Company had no objection to constitutional amendments to eliminate the tax exemption; Whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies; Whereas the Legislative Assembly of Saskatchewan, on November 29, 2021, adopted a resolution authorizing an amendment to the Constitution of Canada; Now, therefore, the House of Commons resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the annexed schedule. SCHEDULE AMENDMENT TO THE CONSTITUTION OF CANADA 1. Section 24 of the Saskatchewan Act is repealed. 2. The repeal of section 24 is deemed to have been made on August 29, 1966, and is retroactive to that date. CITATION 3. This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Saskatchewan Act). He said: Mr. Speaker, I am happy to stand to present the motion today and lead off the debate. I will be splitting my time with the member for Carlton Trail—Eagle Creek. I am happy to hear her comments put on the record as well. We will have a lot of Saskatchewan content in the chamber today. I feel that more common sense from Saskatchewan is always a good thing. I want to talk to the members in the chamber today about why this motion is important. There are two defining reasons why we should be passing this unanimously. One is for tax fairness. I believe the taxpayers of Saskatchewan should not be forced to pay an additional dollars to a profitable corporation. Second, it is about respecting provincial jurisdiction. I believe all colleagues can appreciate that. I think we have a duty in this chamber to respect what has been done in provincial legislatures across the country. We know that this passed unanimously in the Saskatchewan legislature last fall. I brought forward a unanimous consent motion, but I appreciate that the member for Winnipeg North and the justice minister wanted to have debate on the floor of the House of Commons about why this motion is important and why it should be passed. It is with respect to their wishes that we brought forward this motion today so we would have that conversation, have that debate and have comments put on the record as to why this is a necessary motion. Hopefully, after today there will be a vote on this motion and we can move it to the Senate. Then this could be passed in respect to the wishes of the people of Saskatchewan. I have some thanks to give. My thanks to the minister of justice in Saskatchewan, Gordon Wyant, who put this motion forward in that legislative chamber. I have also talked with some of the NDP MLAs in Saskatchewan, my home province. I was a member of the legislative assembly there, and Trent Wotherspoon has said he has communicated with the NDP in the House of Commons. I believe they will be on board with this motion as well because they should respect what their provincial colleagues have done. I hope this will be a good and thorough debate about why we, as legislators, should respect the provincial jurisdiction of what is going on. I want to put on the record that I think it is very important that we have the proper tone. Decorum in this House has left a little bit to be desired. The motion today was put forward by the opposition so that we can all get together and have a good conversation to show the people of Canada that we can work together. We have done it in the past. We can work together and get things done more quickly and not see some of the holdups we have seen in the past with some of the bills put forward because of partisan politics. These are the conversations we have been having over the last couple months. I put forward a unanimous consent motion that was denied, so hopefully that will not happen again with this motion before I back home to Saskatchewan. Talking about the people of Saskatchewan, this is important to them because they think it is time that Ottawa listens to some of their concerns around tax fairness. Obviously, we have seen that the price of everything has been going up and inflation is increasing everywhere. They want to know that we are listening. My number one job when I stand in the House of Commons representing the people of Regina—Lewvan is to put forward their interests and make sure that I am a voice for them. This is something that I feel is very important. They feel, like I said previously, that they should not have to pay an extra dollar for a profitable corporation. We went through the motion. For a little more background, this is a constitutional amendment. That is not unheard of, as B.C. has done this, as well as Alberta, and through this very process. We are not breaking new ground. We know this has been done before, amending provincial constitutions through motions and agreement with parties in the chamber and in the Senate. I believe this is something that can be done again. We really want to make sure that people realize that this is an outdated exemption. It dates back to 1880. It was something where the government at the time made a deal with CP Rail. It is something where they were exempt from paying taxes. Going back to 1880 makes it 116 years old. CP and the Saskatchewan government have been engaged in a battle over this for the last 13 years. For CP, that is something that will be ongoing. This will affect that going forward. That court case will be settled in the courts. It will not be settled here today, but we will make sure that we get this exemption done and off the books so that something like this does not come up again. On November 29, the justice minister introduced the motion to repeal section 24 of the Saskatchewan Act in the legislature. Like I said, it has been a few months. I believe my colleagues across the way on the government side have had an opportunity to look at it and are in agreement with this motion going forward. The resolution will be passed by the government and the Senate. I want to put on the record today a comment made by the minister of justice in Saskatchewan. He said, “We're going to vigorously defend the claim that's been brought by the railway to defend the interests of the people of Saskatchewan”. When it comes down to it, today we are trying to defend the interests of the people of Saskatchewan on the floor of the House of Commons. That is what I will always do. When I talk to the people of Regina—Lewvan, I tell them that I will always be on Saskatchewan's side. This motion shows both that commitment to the people who have sent us to the legislature and that we have the ability to get things done. Sometimes I am asked in my hometown of Regina if I can move the yardstick being in opposition, if I can get things done. This is an example of how, working with all parties, we can get something done for the people of Saskatchewan and make sure they do not pay a cent in tax that should be paid by profitable corporations. In a few conversations with people back home over Christmas, they were really interested in what the problem with this could be. I am hoping that, if the other parties, the Liberals, NDP or Bloc, do have concerns, they put them on floor of the House of Commons today. We can then answer those concerns, and we can work together to ensure this will be moved forward. It is very important that we make sure outdated legislation is changed. I believe it was an oversight because in 1966, as it says in the motion, there was a handshake agreement between CP Rail and the government of the day to get this exemption off the books. Sometimes there are small oversights, so we are going to fix a past mistake that was overlooked and ensure that everyone knows what the rules are going forward. Canadians are really looking for some certainty and making sure we are doing what we can to make legislation clear. Passing this motion so that oversight is fixed and that exemption is taken off the books of CP Rail is what today is about. This is about tax fairness for the people of my province, and I am looking forward to hearing the debates of my other colleagues from Saskatchewan. It is about respecting provincial jurisdiction. I think a lot of members in the chamber agree with this and will make sure we work together to get this motion passed. I believe everyone in this House thinks provincial jurisdiction should be respected, and when it comes to tax fairness, I think everyone in the House would agree that people in our home provinces should not be paying for profitable corporations. When I go home, I will be happy to have conversations with the people of Regina—Lewvan and tell them this is one thing we did together. When they watch the news, sometimes all they see is the combativeness among opposition parties. They watch question period and think all we do is argue and not get answers from our colleagues across the way. Through this motion and the debates today, I want to show there is co-operation at times. I am hoping my government and opposition colleagues will help us to make sure this is fair for Saskatchewan. I am proud to say that I will always be on Saskatchewan's side, and that is what this motion is about.
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  • Feb/8/22 10:45:19 a.m.
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Madam Speaker, I appreciate my friend and colleague's approach to dealing with what is a serious issue. Whenever a provincial legislature takes an initiative, it is appropriate that the government respond, no matter what its political stripe, in whatever way it can. There is also a responsibility to gain a full understanding. The credit that the member referenced is for the province of Saskatchewan. Are there other jurisdictions that are encountering the same situation, or is this truly unique to the province of Saskatchewan?
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  • Feb/8/22 10:46:08 a.m.
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Madam Speaker, this particular motion is truly unique to the province of Saskatchewan, because the exemption is in section 24 of the Saskatchewan Act. I have not read any other provincial acts that deal with the Constitution, so it may be in the Manitoba or Alberta act as well, but this motion just deals with repealing section 24 in the Saskatchewan Act. The motion today deals only with Saskatchewan. If the member likes, he could have some conversations with provincial colleagues in Manitoba or Alberta to see if there are other provincial constitutions with the same exemption for companies, but the motion today deals strictly with Saskatchewan.
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  • Feb/8/22 10:46:57 a.m.
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Madam Speaker, I want to respond to the question from my colleague from Winnipeg North, who wanted to ensure that this applies only to Saskatchewan. As we know, the feds have an almighty fear of ever talking about the Constitution, especially when it comes to Quebec. I realize that this applies only to Saskatchewan, but would my colleague agree that this could set a pretty strong precedent for re-opening discussions on the Constitution? I would like to hear his comments on that.
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  • Feb/8/22 10:47:29 a.m.
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Madam Speaker, this is not a precedent. It has been done before, as I said in the opening comments of my speech. B.C. and Alberta have used this method as well to change portions of their provincial constitutions. It would not set a precedent, and other provinces have the ability to do it. I would love to have a constitutional debate with my friends from Quebec. If they have any suggestions, I am open. They always bring forward good ideas, so I hope that if they have ideas to bring forward, they will do so through the House of Commons. This particular motion is only about the Saskatchewan Act and does not set a precedent, because, as I said, B.C. and Alberta have used this method already to change their provincial constitutions.
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  • Feb/8/22 10:48:24 a.m.
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Madam Speaker, it is wonderful to see the Conservatives standing up and calling for Canada's biggest corporations to pay their fair share. It is obvious that what we have been saying all these years is rubbing off, and it is good to see. The court case between Saskatchewan and CP Rail has been going on for 13 years. It seems there would have been ample opportunity to have addressed this issue quite a bit earlier—for instance, when the Conservative Party was in government. I wonder if my colleague could reflect on why it has taken 13 years for the federal government to take this step.
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  • Feb/8/22 10:49:02 a.m.
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Madam Speaker, it is coming up now because the provincial legislature passed this motion unanimously just recently. At this time, how the process rolls out is that the provincial legislature has to pass a motion unanimously before it comes to the House Commons. That is why it is happening now. In my speech, I said that it had been passed in November of 2021, and we brought this up at the earliest opportunity. First we asked for unanimous consent and now we are going through this process to ensure it is done properly and is debated on the floor. I know the court case has been going on for 13 years, but the timing of when the provincial legislature passed its motion unanimously is the reason it is here in the House of Commons today.
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  • Feb/8/22 10:49:54 a.m.
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Madam Speaker, I would like to thank my hon. colleague, the member for Regina—Lewvan, for his excellent and informative speech on this important and historic opposition day motion calling on the House to amend the Constitution of Canada. The passage of the Saskatchewan Act, which created the Province of Saskatchewan in 1905, became part of the Canadian Constitution and came into force on September 1 of that year. Through a unique mechanism created as part of our Confederation, provinces have the ability to amend the Constitution when a matter deals exclusively with their internal governance. For those who enjoy the history of Canada and learning about the twists and turns of the past, the events that have brought us to this point are really quite fascinating. As already mentioned by my colleague and as outlined in the motion itself, prior to the creation of the Province of Saskatchewan, our nation's forefathers were undertaking an immense nation-building exercise: the completion of a trans-continental railway, the Canadian Pacific Railway Company. In order to help the fledgling railway company complete this mammoth task, the Government of Canada agreed to provide it with a tax exemption. When the Saskatchewan Act was passed in 1905, the tax exemptions applicable to the Canadian Pacific Railway were referenced in section 24. Since the creation of the Province of Saskatchewan, the company has paid applicable taxes to the Government of Saskatchewan. Section 24, or the Provision as to C.P.R. Company, states the following: “The powers hereby granted to the said province shall be exercised subject to the provisions of section 16 of the contract set forth in the schedule to chapter 1 of the statutes of 1881, being an Act respecting the Canadian Pacific Railway Company.” Let us fast-forward 61 years to August 29, 1966, when the president and board of directors of the Canadian Pacific Railway company confirmed to the federal minister of transport at the time that the board had no objection to constitutional amendments to eliminate the tax exemption. The elimination of the tax exemption contained in clause 24 was based on an agreement between the company and the federal government that the Government of Canada would make certain regulatory changes. It is important to note that the Government of Canada upheld its part of the agreement and made the regulatory changes. However, clause 24 of the Saskatchewan Act was never eliminated. Recently the company undertook a challenge to this tax exemption, which is why we are seeking to address this change. While I am pleased to speak today on this motion, it is unfortunate that I have to do so. Last year my colleague, the member for Regina—Lewvan, presented a unanimous consent motion in the House dealing with this very issue. I was both disappointed and more than a little troubled that consent was not granted by members of the government at that time. This is not a partisan issue. The motion we are discussing today was unanimously passed by the Saskatchewan legislative assembly on November 29 of last year. In fact, two members of the Saskatchewan NDP caucus, Trent Wotherspoon, the official opposition critic for finance, and Nicole Sarauer, the official opposition critic for justice, wrote a letter to the federal ministers of justice and finance, the government representative in the Senate, the leader of the official opposition in the Senate, and the finance and justice critics for the Conservative Party of Canada, the Bloc Québécois and the New Democratic Party, expressing their support for the motion and calling on the Parliament of Canada to act. This letter was cc'd to all 14 Saskatchewan members of Parliament. For the record, I would like to quote from the letter, which states: You are likely aware of the resolution adopted by the Legislative Assembly of Saskatchewan on November 29, 2021, to repeal section 24 of the Saskatchewan Act. We ask you to work with your colleagues in the House of Commons and the Senate to ensure that the parallel resolutions required under section 43 of the Constitution Act, 1982 to finalize this amendment can be passed without delay. The letter goes on to say: We stand united as a legislature on this front, and we trust that you appreciate the importance of the quick and enthusiastic support of the Parliament of Canada in this endeavour. This collaborative, non-partisan approach by Saskatchewan's members of the Legislative Assembly reflects the spirit in which this matter should be dealt with. Additionally, the letter emphasizes the speed and urgency needed in dealing with this matter. Unfortunately, I am concerned that the government may not make this a priority or treat it with the urgency that it requires. The motion passed in the Legislative Assembly is comprehensive and clearly outlines the issues for the Province of Saskatchewan and its people. It is my sincere hope that the government will support this motion and pass it, as the potential cost to the people of Saskatchewan is significant. Exempting a major corporation from certain provincial taxes would cast a significant tax burden on the residents of my province. Citizens pay their taxes. Families, single parents, seniors and young people who are new to the workforce all pay their fair share. It would also be unfair to other businesses, including small businesses, as it would give significant advantage to the CPR over those businesses and would be detrimental to our farmers, producers and consumers. The Hon. Gordon Wyant, Saskatchewan's justice minister, put it very well when in the Saskatchewan legislature when he stated: Simply put, it would not be fair for one of Canada's largest business corporations to have a substantial tax exemption in our province, but be required to pay taxes in other provinces simply based on the date Saskatchewan became a province. I have to admit that after the rejection of the unanimous consent motion, I was skeptical about whether or not the government would do what is clearly the right thing for Saskatchewan. However, given the clear arguments laid out in the motion put forward by Minister Wyant and Mr. Wotherspoon in the Saskatchewan legislature and the context provided during the debate, as well as the unanimous support of the Legislative Assembly, I would submit to this place that now is the time for the federal government to ensure that Saskatchewan is treated equally and fairly within our federation. I do hope that the government and in fact all parliamentarians will unite and support the people of Saskatchewan by supporting this motion. As I said earlier, this is about fairness and equity for Saskatchewan. I want to quote one last time from the letter by Mr. Wotherspoon and Ms. Sarauer. It says: Currently, section 24 of the Saskatchewan Act purports to limit Saskatchewan's powers of taxation in a way that does not apply to other provinces in Canada. The amendment to the Saskatchewan Act proposed by the Legislative Assembly of Saskatchewan removes this inequality and will ensure fairness in taxation and jurisdiction for all Saskatchewan people. The Legislative Assembly of Saskatchewan has demonstrated that this is not a partisan matter, and I hope that all parliamentarians would look at this issue as one that they could support. As the Hon. Gord Wyant stated at the time of his intervention that section 24 is a relic of an earlier time and that repealing this section will cement Saskatchewan's place as a truly equal partner in our federation. I hope that our colleague, the federal Minister of Justice, has had sufficient time to consult with his officials, Saskatchewan's justice minister and his colleagues across the way so that they will support this motion's speedy passage, both in this place and in the Senate of Canada. I appreciate the opportunity to make this intervention and I will try to address any questions that my colleagues might have.
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  • Feb/8/22 10:59:44 a.m.
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Madam Speaker, I suspect that individuals who might be following the debate here today or the debate that took place in Saskatchewan might be curious about what it really means in terms of the taxation. Had the Province of Saskatchewan actually forgone any ability to tax CP Rail, or did CP Rail actually pay taxes? In listening to my colleague, one would be of the opinion that CP has been paying taxes. That is not 100% my understanding. If she could enlighten me on that point, I would really appreciate it.
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  • Feb/8/22 11:00:27 a.m.
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Madam Speaker, I thank my colleague for his question and I understand. I did make the statement that since the creation of the Province of Saskatchewan, the company has paid applicable taxes to the Government of Saskatchewan. I will say that I stayed away from commenting on the case that is before the court. I do not want to comment on that since it is before the courts, but I thank him for his question.
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  • Feb/8/22 11:01:04 a.m.
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Madam Speaker, I thank my colleague for her speech. The Bloc Québécois obviously supports the Conservative Party motion about a proposed amendment to the Constitution of Canada in relation to the Saskatchewan Act. However, we cannot discuss the Constitution without acknowledging the elephant in the room. Quebec is not a signatory to the Constitution Act, 1982, which Canada simply imposed on us. Would my colleague comment on the fact that, for Quebeckers, the constitutional status quo is unacceptable?
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  • Feb/8/22 11:01:49 a.m.
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Madam Speaker, the member and his party have been very clear about what they think about the Constitution and their place in this federation. In fact, it was not so long ago that we were here in the last Parliament, toward the end of Parliament, entertaining an opposition day motion where they were flexing their right as a province to amend the Constitution. I appreciate his question on this issue. Here we are today asking for a similar consideration.
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  • Feb/8/22 11:02:38 a.m.
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Madam Speaker, I want to thank my colleague for her speech. It is great to see us working together. This started in the Saskatchewan legislature, led by the Saskatchewan NDP. I met with Dr. Katharine Smart from the CMA yesterday. She cited that there are pre-existing shortages. We need $3.2 billion for 7,500 new doctors and nurses. We need $6 billion to end the wait-lists in our health care system. We have overworked, tired and exhausted health care workers, and it is corporations like this that are not paying their fair share. Does the member agree that not only should Canadian Pacific pay its fair share, but those who have profited from COVID-19 and the pandemic and companies using tax havens to not pay their fair share of taxes should also be paying their fair share? I hope she agrees with me that they should.
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