Hon. Jean-Yves Duclos, P.C., M.P., Minister of Health: Thank you very much. I certainly value that question as well. The way our young Canadians, young adults and youth are treated in Canada has an impact on their own well-being and on the well‑being and welfare of our nation moving forward.

Senator Bernard, you are obviously aware of and have contributed to the important work that continues to be done when it comes to looking after those marginalized, often racialized young Canadians who find it difficult to find their path in our society with what’s happening in the world. Again, I look forward to your further input. I also look forward to working with the Minister of Indigenous Services, Patty Hajdu, and the Minister of Employment, Workforce Development and Disability Inclusion, Carla Qualtrough. We’re mindful of that challenge, and we are focused on trying to address it with other key ministers. As you said, as we care for our children and youth, we know they will care for us as they age, as they grow and as they live.

Hon. Pamela Wallin: Minister Duclos, as legally required, the Special Joint Committee on Medical Assistance in Dying was formed to address serious issues left unresolved in what was known as Bill C-7. The committee has held only three meetings, two of which were organizational. Then, Parliament prorogued and an election followed.

Minister, could you and your cabinet colleagues, including the Prime Minister, commit to reconvening the committee this month as the clock is ticking on the mandatory reporting date for the committee set for May?

Hon. Judith G. Seidman: Welcome, minister. I’ve been asking questions of your government for almost two years now concerning the procurement of COVID-19 rapid tests, especially for use in congregate settings such as long-term care.

Despite your announcement on January 5 that 140 million rapid tests would be delivered to the provinces and territories that month, this did not occur. Our province of Quebec did not receive almost 6 million tests they were expecting. Manitoba received less than half of their expected allotment. Ontario didn’t receive tens of millions of tests they were expecting, and today announced they are procuring their own.

Minister, what happened? I understand the tests have recently been delivered to Canada, but have the provinces received all the tests they were promised last month? If not, when will that take place? Thank you.

Senator Griffin: Thank you, Senator Gold. I have a question that’s related to process rather than to policy related to this constitutional amendment. In the Senate, we often talk about ensuring sober second thought when it comes to reviewing and protecting rights under the charter; and in this case, the motion proposes to remove the constitutional right, for better or for worse, that was given to the Canadian Pacific Railway. As you noted, there was a constitutional debate on the amendments to remove the Prince Edward Island ferry service and replace it with the Confederation Bridge. I don’t think you noted, though, that the debate on this amendment occurred over four sitting days. I’m a little concerned that we might be rushing here. You asked for speedy delivery of the results.

By the way, the other constitutional amendments that you cited, some of those, of course, were referred to committee. So in all of those cases I believe the Senate was sincerely providing sober second thought.

The question I have is: As a matter of procedural fairness, should Canadian Pacific Railway be afforded the opportunity to make its views known in the Senate prior to extinguishing its constitutional right? Even worse, what precedent does this set? Thank you.

Senator Gold: Thank you for your question. It’s the position of the Government of Canada that it is appropriate to respond to the initiative of the legislature of Saskatchewan to redress what is now clearly an anomaly and an unfair situation for the people of Saskatchewan. I do hope we deal with this quickly and appropriately. I leave it open to the Senate, as we are masters of our own house, to decide how long the debate shall take and how we ultimately proceed to a final vote.

[Translation]

Hon. Colin Deacon: Honourable senators, I rise today to honour a retired senator well known to many of us, the Honourable Don Oliver. Appointed by Prime Minister Brian Mulroney in 1990, former Senator Oliver served Canadians in this chamber for 23 years.

Among his numerous contributions, Don Oliver is one of two parliamentarians whose efforts resulted in February being named Black History Month.

Recently, Don Oliver published his autobiography A Matter of Equality: The Life’s Work of Senator Don Oliver. As I read it, I marvelled at the accomplishments of this remarkable Canadian. Last November, Senator Loffreda hosted an online book launch attended by many past and present parliamentarians, and included messages from three former prime ministers.

Born and raised in Wolfville, Nova Scotia, Don Oliver’s life was guided by his parents’ values: work hard, be humble and do everything possible to help others. He was an exceptional student, even working as a cub reporter for the Halifax Chronicle Herald while still in high school. He was chosen as valedictorian of his graduating class at Acadia University in 1960.

Don Oliver went on to become a talented lawyer and partner of a leading law firm. His advice and mentorship helped many young articling students, including our very own Senator Wetston.

Colleagues, as I read A Matter of Equality, it was Don Oliver’s courageous and constructive responses to constant acts of overt racism that I found most inspiring and also most troubling.

Still today, Black, Indigenous and people of colour in Canada must respond to deeply hurtful acts of racism in a calm, controlled and respectful manner, regardless of how accomplished these individuals are, or how respectful they are being. I don’t carry this daily burden. For far too long, I have been naively ignorant of the benefits of my own White privilege. I now strive to address that ignorance through work and action.

It’s well proven that embracing diversity is not just a crucial social priority, but a powerful economic opportunity.

Throughout his life, Don Oliver worked to make the business case for prioritizing diversity and inclusion in Canada, and led a major project on this topic with The Conference Board of Canada 20 years ago. I wish we’d acted on his advice then, especially in the face of our current labour shortages.

Don Oliver’s aunt, the world-renowned concert singer Portia White, once said, “First you dream, and then you lace up your boots.” The Honourable Don Oliver, indeed, laced up his boots.

Don, countless people have benefited from the products of your dreams of justice and opportunity, your courageous and determined efforts and your landmark successes.

Colleagues, I encourage all of you to read Don Oliver’s book, and commit to fully embracing diversity and inclusion, both within the Senate and — as a result of our collective efforts — throughout Canada.

Thank you.

Hon. Éric Forest: Honourable senators, I am wearing the school day green ribbon today.

[Translation]

Your Honour, the third week of February marks the middle of the school year, a critical time in the school calendar, because that is when Quebec students start to lose motivation.

That is where Hooked on School Days comes in. It is a time to remind people that, together, we have the power to help young people across Quebec stay in school and hold on to their dreams.

Let’s use the opportunity afforded by Hooked on School Days to recognize the invaluable contributions that parents, teachers, educators, employers, community workers, educational stakeholders and support staff make to the education of young people.

The Hooked on School Days initiative is all the more important given the challenges our children and school staff are facing as a result of the pandemic. Take, for example, the public health measures in our schools, which include directives to wear a mask in class; the need to leave windows open when it is -20 degrees Celsius to keep schools ventilated; remote learning and isolation; the suspension of extra-curricular activities, which are so important to keeping our kids in school; and burnout among school staff, who have had to manage IT and public health guidelines on top of teaching. Let’s also think about parents, who are exhausted from having to help their children with virtual school while working from home.

In short, it is clear that getting kids to stay in school is even tougher during COVID-19.

It’s easier to move forward and persevere through obstacles and challenges when you find meaning and have a dream. During these often difficult times, it’s important to take a moment to acknowledge the children, teens and young adults who have continued to believe that their dreams are still achievable.

I also want to commend the adults in their lives who have worked hard to help them stay on the path to their dreams. Every ounce of your encouragement helps our young people succeed in school. Every single one of your words pushes them to achieve their potential.

I learned about this issue through my involvement in COSMOSS Bas-Saint-Laurent, an umbrella initiative that brings organizations together to help children and youth develop their potential, from birth to the age of 30.

I commend the efforts of all those who are helping young people find their way. Back home, in the Lower St. Lawrence, we immediately think of the staff in our educational institutions, of course, but I would also like to recognize the work of the team at COSMOSS, along with its partners in the health care and education sectors, community organizations, municipalities and the private sector.

Laurent Duvernay-Tardif agreed to be the spokesperson for Hooked on School Days 2022 for the fourth consecutive year. Who better than a well-known and admired doctor and professional football player to talk to our young people about motivation, self-esteem and dedication?

I encourage you to watch his discussion with guests on February 16 and learn more about the many inspiring activities that will take place from February 14 to 18 all across Quebec, at journeesperseverancescolaire.com.

Thank you very much.

Hon. Vernon White: Honourable Senators, I want to speak to you about the encampment that has been set up in front of our Parliament.

The expectation of demonstrations and protests in the nation’s capital are not lost on me. In my former role, we had hundreds of demonstrations and protests, some that parked themselves for days and weeks, others that were mobile through our streets. The focus on peacefulness was paramount, and the maintaining of peace was always the goal.

I do not want to give the current encampment on Wellington Street more notoriety than they have already, so I will not speak specifically to their actions or even the ability or capability of the officials to act.

I want to speak to an issue that has been raised from a security perspective for more than a decade and state that it is time for us to finally act to improve security on Wellington Street.

I speak on the issue of converting Wellington Street to pedestrians only. There have been many clear discussions on Parliament Hill security over the past few decades. In 1989 an individual armed with a handgun was able to hijack and then drive a bus onto Parliament Hill. After the attacks in New York on 9/11, there were changes brought about to better secure Parliament Hill and better guarantee a safe and secure seat of government.

Following the attack on Parliament Hill in October 2014, for which many of you were present, discussions intensified, bringing forward legislative change, a new Parliamentary Protective Service and new security measures, tools and requirements.

One area that has been raised throughout these security review times has been the security of Wellington Street in front of Parliament. It has been raised that the risk of having vehicle traffic on this portion of Wellington Street was extremely high. Reports have been developed and presented regarding what would, and possibly could, happen should someone choose to take extreme action in this area.

We watch closely what is happening in Ottawa today, and again I raise the issue of protecting Parliament. I am asking that the Government of Canada and the City of Ottawa take the necessary action to expand the parliamentary precinct: that they secure the area of Wellington Street to the east at Elgin Street, to the west at Lyon Street and south as far as Queen Street.

While adding this area to the precinct, I would argue that we as well make this an area for pedestrian traffic only, removing all vehicular traffic. This would provide Parliament with a buffer from traffic, thus protecting this area from risk but as well protect other buildings that house parliamentarians, staff and the Office of the Prime Minister. I hope this current situation brings forward a fruitful discussion that allows for a better level of protection for the seat of our federal government.

In closing, I believe that working together, the city and federal governments could make these changes quickly and ask that both make this a priority.

Thank you.

[Translation]

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, with leave of the Senate and notwithstanding rule 5-5(j), I move:

That, if required, Question Period today be suspended to permit the Minister of Health to participate in a vote in the House of Commons;

That today’s sitting continue beyond 4 p.m., if required, until the conclusion of Question Period; and

That committees scheduled to meet today be authorized to meet after 4 p.m., even though the Senate may then be sitting, with rule 12-18(1) being suspended in relation thereto.

Hon. Pierre-Hugues Boisvenu: Honourable senators, today I’m speaking on behalf of Canada’s victims of crime and their families.

As you know, my mission as a senator is to ensure that our justice system and our federal institutions respect the rights of victims of crime. In 2015, after more than 10 years of tireless work, the Canadian Victims Bill of Rights was adopted by the previous government, thereby enshrining victims’ rights in law. The bill of rights is supra-constitutional and enforced by the Ombudsman for Victims of Crime, who is also the voice of victims within our federal institutions, ensuring that the government is discharging its responsibilities toward them.

As of October 1, the Liberal government has been in default of its obligations under the bill of rights because it has allowed the position of Ombudsman for Victims of Crime to remain vacant. This situation is unacceptable to victims, because the ombudsman reports to the Minister of Justice, who knew very well when the previous ombudsman’s term ended because he himself set the length of that term.

The government’s delays and failure to fill the position directly infringe on victims’ rights. Once again, Prime Minister Justin Trudeau is sending the wrong message to victims of crime, namely, that they’re not a priority for him or his government. As proof, this is the second time since 2015 that this government has been woefully slow to fill this position. Meanwhile, that has never been the case for the position of Correctional Investigator, the ombudsman for criminals.

In 2017, criminals were even given an interim representative until the position was filled on January 1, 2018. Unlike victims of crime, who have been without an official representative for more than 11 months now, inmates have not gone a single day without representation in the past 10 years.

We must redress the imbalance that still exists between these two positions. It is inconceivable for victims that their ombudsman does not enjoy the same privileges and powers as the inmates’ representative. The latter is a permanent, independent position, enshrined in and protected by federal law, unlike the office of the ombudsman for victims, which is a program that depends entirely on the goodwill of the Minister of Justice to ensure its existence. Its status is not recognized by Parliament, and it could be abolished at any time.

This injustice to victims must stop, and the Leader of the Government in the Senate needs to tell us exactly when the new ombudsman will be appointed, as I requested on December 7, 2021.

Honourable colleagues, I ask you, on behalf of victims of crime, to come together and act to ensure that this position is filled without delay, so that victims can be represented within our federal institutions as they deserve to be.

Since their voices are not being heard at the other place, it is essential that the Senate bear the responsibility of representing them by sending a clear message of hope, a message assuring them that the upper chamber has not forgotten them.

Thank you.

[English]

Hon. Marc Gold (Government Representative in the Senate) introduced Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act.

(Bill read first time.)

Hon. Pierre J. Dalphond: I understand that the constitutional amendment actually targets a commercial entity, Canadian Pacific, not necessarily the parent company, but the company that runs the railway.

Does the parent company or the railway have a position on the proposed constitutional amendment?

Hon. Raymonde Gagné (Legislative Deputy to the Government Representative in the Senate): Honourable senators, pursuant to rule 4-13(3), I would like to inform the Senate that as we proceed with Government Business, the Senate will address the items in the following order: Motion No. 14, followed by all remaining items in the order that they appear on the Order Paper.

[English]

Senator Gold: Thank you for the question. As I mentioned earlier, the company has been paying taxes for some time now. More recently, it initiated a process to ensure it would no longer have to continue paying taxes. Maybe that’s one reason the Government of Saskatchewan, or the Saskatchewan legislature, decided to proceed with the resolution that was passed last year.

Senator Ringuette: Senator Gold, my question is about information on whether Canadian Pacific is or is not exempt from federal taxation. Will you undertake to provide us with this detailed information before we proceed with this motion?

Hon. Patricia Bovey: Honourable senators, in all our communities, our not-for-profits, arts organizations and artists benefit immeasurably from the generosity of time, thought and dollars from individual citizens. I thank them all.

Recently on January 14, Winnipeg sadly lost a truly wonderful, quiet, committed, behind-the-scenes, generous anonymous donor — Susan Scott. Words fail in attempting to thank her for all her many impacts as no one knows them all. Among the myriad parts of the community for which she was an angel after her retirement from her successful business career, she was particularly dedicated to advancing opportunities for First Nations youth and artists.

I met with a number of artists she assisted, and I can assure you they were so appreciative of her moral and financial support and her genuine interest in their work. She attended many western Canadian art courses I presented over the years and was always engaged and interested in the images, messages and the substance of the work, especially when I showed that of Indigenous artists.

She funded women’s shelters; supported fledging Indigenous business ventures; gave money for families in need to attend our Winnipeg Art Gallery family days; sponsored community intergenerational creative programs; assisted me in ensuring that Indigenous art and Indigenous children’s books were in the Aboriginal Family Room at St. Boniface Hospital, and much more.

Colleagues, time only lets me mention a very few of the organizations she supported, including establishing bursary funds for Indigenous students at both of Winnipeg’s major universities, funding summer camps for immigrant children, women’s and art’s mentoring groups, LEAF, music, galleries and museums. I can honestly say that without her quiet dedication, so many aspects of her home city would be considerably poorer.

Awarding her the Senate 150th Anniversary Medal was one of the easiest decisions I have ever made. Susan was also a member of the Rotary Club of Winnipeg and they too honoured her with the Paul Harris Fellow Award.

Susan became a dear friend of mine. It was always a treat to talk about art, community, needs, visions and more with her. I loved bumping into her on evening walks and seeing the twinkle in her eye when she did something, or when something she supported reached fruition or when she witnessed public reaction to those accomplishments. No one knew these were her projects or artists in her orbit. Susan’s orbits were always expanding, and we know through her enjoyment of giving and encouraging that she has inspired others to do so too.

Thank you, Susan. My condolences go to your family and your many friends.

Hon. Marty Deacon: Honourable senators, I’d like to take this brief opportunity to share some wonderful stories of our Canadian athletes, coaches and their families representing our country at the Olympic Games.

First, I want to share with you one more outcome of the Summer Olympic Games in Tokyo. You may recall there was an IOC Refugee Olympic Team at the Tokyo Games. I am thrilled to share that some are now here in Canada as part of the IOC Refugee Athlete Support Programme, training for Paris 2024 and attending Sheridan College for the next three years.

As for these Olympic Games, we are on day six. Our 215 athletes and 85 coaches have faced a number of pandemic-related obstacles in preparation for some of the most important moments of their athletic careers. Each story is incredible. For athletes there for the first time, to athletes in their final games, all having done so much just to get to the start line in their field of play.

Imagine Liam Gill of Calgary, waking up to a call at home invited to get on a plane to replace a snowboard half-pipe icon, Derek Livingston, shifting to become an Olympic athlete in one moment. He, in his own words, was stoked to be the only Indigenous athlete on the snowboard team.

Our Olympic delegation includes six sets of siblings and four children of past Olympians. Regionally it includes one cross-country ski athlete who will be wildly cheered on from the Yukon, with a high of 57 athletes hailing from Quebec.

The pandemic has brought with it any number of obstacles, of course, with some members of Team Canada having lost their Olympic dreams before the Games began. But whether athletes are competing in arena events in Beijing or Yanqing, which is the home of alpine skiing, bobsled, luge and skeleton, or even further up the bubble train to the cold mountain-top village of Zhangjiakou for skiing and snowboarding events. Every member of Team Canada will give it their all. They will make us proud and unite us in our love for this country.

I remind you of one of my cherished moments of the many Games I had the opportunity to experience. Just before marching in the opening ceremonies, you see three large words on the wall; citius, altius, fortius; faster, higher, stronger.

In Tokyo, after 100 years, a fourth word was added; that is “together.” Let us be spectators together. I encourage you to learn the stories and engage with athletes from your community. And colleagues, for you, let these athletes inspire you to get moving inside or outside. Next week is National Health and Fitness Week, a time when I encourage you all to get outside and show Canada your moves in an effort to get people moving, get active and embrace the physical and mental health benefits that come with an active lifestyle. Thank you, meegwetch.

Hon. Marc Gold (Government Representative in the Senate), pursuant to notice of February 8, 2022, 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 Senate 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: Honourable senators, it’s an honour for me to rise and move Government Motion No. 14, dealing with the proposed constitutional amendment in relation to Saskatchewan.

I want to begin by acknowledging and thanking our colleague Senator Cotter, who is the seconder of this motion, for having brought this to the chamber’s attention, and to all my colleagues from Saskatchewan for their work on this matter.

Before I begin, I would like to put on the record a correspondence I received yesterday from the Honourable David Lametti, Minister of Justice and Attorney General of Canada, which serves as the genesis of the motion before you:

Dear Senator Gold,

Today, the House will consider an important constitutional amendment to the Saskatchewan Act, S.C. 1905, c. 42., which forms part of our Constitution. As you are aware, on November 29, 2021, the Legislative Assembly of Saskatchewan unanimously adopted a resolution to amend the Act, thus initiating a constitutional amendment process through the bilateral formula found in s. 43 of the Constitution Act, 1982. The amendment aims to remove a historical exemption from provincial and municipal taxes granted to Canadian Pacific Railway (CPR) in the Saskatchewan Act, as a result of a prior agreement between the federal government and CPR. The Government will be supporting this vital amendment to support the Province of Saskatchewan and its economy. The amendment will promote tax and fiscal fairness, as well as cooperative federal provincial relations that would be beneficial to national unity. The amendment would also have the benefit of reflecting in the law the ongoing practice whereby CPR, despite its historical tax exemption, has been paying taxes to the province of Saskatchewan. To have the constitutional amendment proclaimed by the Governor General, we would need a motion in both the House of Commons and the Senate. We look forward to its speedy passage in the House. I understand that senators are already alive to the issue in light of the motion put on notice by Senator Brent Cotter. I would like to encourage the Senate to take this issue up with alacrity. It is important to the people of Saskatchewan that this issue be resolved. Our Government is proud to have worked with the Province of Saskatchewan to advance this motion and looks forward to the proclamation of the constitutional amendment.

[Translation]

Honourable colleagues, allow me to provide some context. A resolution authorizing the proposed amendment has already been adopted by the Legislative Assembly of Saskatchewan. If the resolution is then authorized by the Senate, the amendment will repeal a provision of the Saskatchewan Act, which was passed by Parliament in 1905 but is now an integral part of the Constitution of Canada. The government is proud to support this constitutional amendment that seeks to ensure fairness in Saskatchewan’s tax system.

[English]

As honourable senators know, this amendment uses the bilateral constitutional amendment procedure as set out in section 43 of the Constitutional Act, 1982. It states that an amendment to the Constitution of Canada, in relation to a provision that applies to one or more but not all provinces, may be made by a proclamation issued by the Governor General where authorized by resolutions of the Senate and the House and of the legislative assembly of each province to which the amendment applies. The provision that would be amended, section 24 of the Saskatchewan Act, only applies to Saskatchewan; and the legislative assembly of the province to which the amendment applies, the Legislative Assembly of Saskatchewan, has authorized the amendment, as has the House of Commons. It is now up to us to determine whether to adopt resolutions authorizing the same amendment that is the repeal of section 24.

The bilateral constitutional amendment procedure has previously produced seven constitutional amendments. Four of them concerned Newfoundland and Labrador, one changing the name of the province to include Labrador in 2001 and three changing the denominational schools provision of the Terms of Union in 1987, 1997 and 1998. One was made at the request of Quebec to remove their application so as to favour the organization of school boards along linguistic lines, this in 1997. One was made at the request of New Brunswick in 1993 and added section 16.1 to the Canadian Charter of Rights and Freedoms, and thus recognized in the constitution the equality of the English and French linguist communities in that province. Lastly, one was made at the behest of Prince Edward Island in 1993 to remove the requirement in the Terms of Union for Canada to maintain a ferry service, thereby facilitating the substitution and construction of Confederation Bridge to the mainland.

[Translation]

The amendment would repeal, retroactive to August 29, 1966, section 24 of the Saskatchewan Act, the enactment that created the Province of Saskatchewan. This section of the law purports to subject Saskatchewan’s constitutional powers to clause 16 of an agreement dating back to 1880 between the Government of Canada and the founders of the Canadian Pacific Railway. This clause exempted the CPR from certain federal, provincial and municipal taxes indefinitely.

Despite the tax exemption, in 1966 CP agreed to pay the applicable taxes. More recently, CP took legal action against all the governments concerned to reassert its historic tax exemption.

[English]

Saskatchewan’s concerns regarding section 24 are threefold. First, Saskatchewan is of the view that it would be inconsistent with the province’s position as an equal partner in Confederation if the provision restricted Saskatchewan’s taxation powers relative to those of the other provinces of Canada.

Second, Saskatchewan believes that it would be unfair to other businesses operating in the province, including small businesses, if a major corporation were exempt from certain provincial taxes, providing that corporation a significant competitive advantage over those other businesses to the detriment of farmers, consumers and producers in the province.

Third, Saskatchewan asserts that it would be unfair to the residents of Saskatchewan if a major corporation were exempt from certain provincial taxes, casting an additional tax burden onto the people of Saskatchewan.

Back in 1880, this tax exemption for a single large corporation may very well have been appropriate as it was intended to recognize and encourage CPR’s investments in the construction of the trans-Canadian rail network in the late 19th century. As such, it was just one of the incentives that Canada offered to CPR to build Canada’s first cross-country railway in fulfillment of a promise made to British Columbia for joining Confederation.

[Translation]

The government is of the opinion that Saskatchewan should be able to impose taxes within its provincial boundaries as it deems appropriate. The government agrees with its Saskatchewan counterpart that other taxpayers in the province should not bear a heavier tax burden as a result of a single large corporation benefiting from an exceptional exemption from provincial taxation. The government also agrees that there should be a level playing field between all businesses operating in Saskatchewan’s transportation industry.

[English]

As we all know, the completion of this railway was fundamental to the birth of our nation and the subsequent rapid growth and development of our economy. The “Last Spike” uniting east and west is an iconic representation of our national heritage and unity. Thank you, colleagues, and I urge speedy adoption of this resolution.

Senator Gold: Yes, gladly. I apologize for not having that information with me, but I will make inquiries and report back to the chamber with more details. I will be available to answer your questions.

[English]