Saskatchewan moves to amend Constitution amid civil trial with Canadian Pacific
The basis of a lawsuit between Canadian Pacific Railway Ltd. and the Saskatchewan government moves to the floor of the provincial legislature Monday, before possibly heading to Ottawa in a bid to amend the Constitution.
Canadian Pacific is suing the province for $341 million over a clause that was written in a contract so old John A. Macdonald was prime minister and Saskatchewan wasn't yet a province.
The court battle, which has been going on for 13 years, is currently being argued at trial in Regina's Court of Queen's Bench.
In its statement of claim, CP says it wants a return of taxes paid to Saskatchewan since 2002 and a declaration that future taxes are not payable.
The corporation argues it's exempt from paying certain taxes based primarily on a 1880 contract between Canada and CP's predecessor. In exchange for tax exemptions, CP agreed to build the transcontinental railway.
"In exchange for CP's investments and commitment to build and to operate this railway forever, the prairie provinces and federal government agreed to certain tax exemptions for business conducted on this main line," CP spokesman Patrick Waldron said in an email.
The exemption became part of the Saskatchewan Act in the Constitution, when the province was created 116 years ago.
However, Saskatchewan argues the tax exemption was rescinded on Aug. 29, 1966, in a letter from then CP president Ian D. Sinclair to the former federal minister of transport John Pickersgill in exchange for modernized transportation legislation.
The trial, which began four weeks ago, is scheduled wrap up in mid-December.
In the meantime, the Saskatchewan Party government is working to amend the Constitution.
Last week, Justice Minister Gord Wyant introduced a motion to change the Constitution as it relates to the Saskatchewan Act. On Monday, it's to be debated in the legislature.
"It's kind of cool," said Wyant, who practised as a lawyer before he was first elected in 2010. "You can imagine how exciting it is for a constitutional lawyer to be working on amending the Constitution."
The province wants to have Section 24 of the Saskatchewan Act repealed -- the part which exempts CP from paying the taxes -- and make the change retroactive to Aug. 29, 1966.
"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," the motion reads.
CP declined to comment on the motion.
It's not disputed that CP paid taxes for over a century. The issue to be determined at trial is whether the company was legally obligated to do so and, if not, whether it's entitled to a return of the money paid.
Wyant declined to comment on the lawsuit. But he said "modern taxation and transportation policy kind of demand an equal playing field."
He said he expects the motion to pass unanimously Monday, with support from the Opposition NDP.
However, the amendment must be approved by the federal government.
"Once (our motion) passes, we'll transmit it to the federal government, asking them to present their collateral resolution on the floor of Parliament," Wyant said, adding the province has already given Ottawa a heads-up on the issue.
As for when the last time the Saskatchewan Act in the Constitution was amended?
"It's not certainly within the living memory of anybody in our province," said Wyant. "It's fairly unique."
This report by The Canadian Press was first published Nov. 29, 2021.
CTVNews.ca Top Stories
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
BREAKING Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
WATCH LIVE As GC Strategies partner is admonished by MPs, RCMP confirms search warrant executed
The RCMP confirmed Wednesday it had executed a search warrant at an address registered to GC Strategies. This development comes as MPs are enacting an extraordinary, rarely used parliamentary power, summoning one of its contractors to appear before the House of Commons to be admonished publicly for failing to answer questions related to the ArriveCan app.
Disappointment widespread over budget's proposed $200-month disability benefit funding
Advocacy groups across Canada are expressing widespread disappointment about the amount of funding earmarked in the 2024 federal budget for the long-awaited Canada Disability Benefit.
Earthquake jolts southern Japan
An earthquake with a preliminary magnitude of 6.4 hit southern Japan late on Wednesday, said the Japan Meteorological Agency, without issuing a tsunami warning.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
Former Sask. massage therapist who sexually assaulted clients has day parole revoked
A former massage therapist who pleaded guilty to a string of sexual assaults has had his day parole revoked.