Mr. Speaker, I would like to support my colleague's point of order by addressing specifically the liability of the crown.
I would argue that the liability issue that my colleague has referred to regarding ships in section IX of the Canada Shipping Act is applicable to the federal crown despite the fact that this is not expressly stipulated in the act. The presumption of crown immunity from statute, in both its common law form and as enacted in section 17 of the Interpretation Act, only applies to statues which are prejudicial to the crown.
Liabilities for crown owned docks, canals or harbours are not imposed by the Canada Shipping Act, but arise from section 3(b) of the Crown Liability and Proceedings Act, which states: “The Crown is liable in tort for the damages for which, if it were a private person of full age and capacity, it would be liable in respect of a breach of duty attaching to the ownership, occupation, possession or control of property ”.
In the Alphonse Desjardins case, 1994, the Quebec Court of Appeal ruled that other provisions of the Canada Shipping Act did not apply to the crown, but that the provisions in part IX did apply to the crown. In that case a boat owned by the crown was charged with discharging pollutants into the St. Lawrence River, contrary to section 664 of the Canada Shipping Act. The application of an offence provision, such as section 664 in part XV, would prejudice the rights and interests of the crown.
Another more obvious reason why section 664 would not apply to a crown owned vessel is section 641 of the act, which declares that “this Act does not, except where specially provided, apply to ships belonging to Her Majesty”. There is no similar provision for government owned docks, canals or harbours.
Bill S-4 unmistakably constitutes an indirect demand for supply because it would leave the crown bound to make a demand for supply.
The government House leader keeps reminding this House that my party supported a Senate bill in the last Parliament. I would like to point out that the official opposition plans on supporting the principle of Bill S-4, Bill S-3 and Bill S-5. The principle in these bills is not what is at issue here.
What is at issue here is the principle of democracy. It is obvious from the minister's comments that he does not recognize that the people of Canada are represented in this House and not the unelected Senate.
Mr. Speaker, I conclude by saying that I ask that you consider this argument which we have put forward today carefully and remove Bill S-4 from our order paper as soon as possible.