Hon. Pierrette Ringuette: Senator Gold, if I understood you correctly, you said in your speech that, in the Constitution, Canadian Pacific was given an exemption from paying municipal, provincial and federal taxes. Is that correct?

Senator Dupuis: I understand the procedure for presenting the motion as a request from the Government of Saskatchewan, following a resolution adopted by its legislative assembly to amend the Constitution as it relates to the Province of Saskatchewan. However, if this is a dispute between Canadian Pacific and a government other than the Government of Saskatchewan, for instance the Government of Canada and the Government of Saskatchewan, this would no longer be part of the same constitutional discussion, because this amendment will have a direct impact not only on the Constitution as it relates to Saskatchewan, but also on federal government operations.

Senator Gold: Thank you for your questions and your comments. The appropriate way to proceed is to follow the amending formula set out in the Constitution Act, 1982. As I outlined in my speech — and I suspect we’ll hear again from Senator Cotter who is a great constitutional expert in his own right — this is a provision that allows for the Constitution to be amended when it affects one or more but not all of the provinces, unlike constitutional amendments that affect all of the provinces and require a different formula or those that only involve the federal Parliament. That is something that can also be done differently.

Even though the Constitution was only patriated in 1982, this has been used many times. There has never been a question raised, to the best of my knowledge, as to the appropriateness of proceeding this way in cases like this. The government is satisfied that this is the appropriate constitutional way to resolve this issue, which is an issue of fairness for the people of Saskatchewan.

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