Madam Speaker, I am very pleased to rise today and speak to the opposition motion brought forward by our friends in the Conservative Party down the way. I am even more pleased to be sharing my time with the excellent member for Elmwood—Transcona.
This motion proposes an amendment to the Constitution of Canada that would repeal section 24 of the Saskatchewan Act and deem the change retroactive to August 29, 1966. Notably, this would remove a provision dating back to 1880, prior to Saskatchewan's becoming a province in 1905, which exempted Canadian Pacific Railway from paying provincial taxes in Saskatchewan.
This has been an interesting issue to learn about over the past 48 hours. I understand that this motion here before us today complements a similar motion the Saskatchewan legislative assembly unanimously passed in November of last year.
I might seem to my colleagues a bit of an unlikely speaker to this issue, being a B.C. boy and all, but I am honoured to serve as the NDP transport critic. Of course, trains transport things, and Canadian Pacific owns trains. Hence, for the next 10 minutes, Madam Speaker, I am your guy. More important, I am a proud Canadian, and I believe in the principles of fairness and responsibility, which I believe lie at the heart of this issue.
For folks following along back home, and I will not hazard to guess how many of those there might be, I believe these are the basic relevant facts in this matter. Canadian Pacific Railway obtained access to a huge swath of our country, much of it unceded indigenous land, to build its railway. While the corporation made a significant investment, it also received substantive incentives from the federal government of the day. Among those incentives, the federal government agreed, in its contract with Canadian Pacific Railway, to exempt the railroad from paying taxes in perpetuity.
It is surprising, I know, that a Conservative government would agree to such immense corporate welfare, but there we have it. Despite this, and for reasons that are not exactly clear, CP has been voluntarily paying taxes to the Province of Saskatchewan for a century. It is also surprising to see such voluntary corporate benevolence.
Today, Canadian Pacific wants the taxes it has paid to the province since 2002 to be returned in the sum of $341 million on the basis that it should not have paid those taxes in the first place. I am not a lawyer, and I will not be making legal arguments today. The battery of lawyers who are engaged in the court case that is ongoing will have that aspect well in hand. Rather, the argument I will make in support of this motion is a simple moral one.
Today, Canadian Pacific benefits greatly from the Province of Saskatchewan and from the infrastructure and services its residents have funded through their taxes. CP employees drive to work on roads paid for by the people of Saskatchewan. They utilize hospitals paid for by the people of Saskatchewan. Their kids go to schools paid for by the people of Saskatchewan.
Ignoring, for a moment, the historic paperwork negotiated under who knows what kinds of circumstances, I doubt many in this place would dispute that Canadian Pacific has a responsibility as a corporation to contribute its fair share to the province's coffers. This is hardly a company that needs either a hand up or a handout. Last year, CP made $3 billion in profits.
It is not as though being exempt from taxes would level the playing field on which CP operates; it is quite the opposite. After all, Canadian Pacific's main competitor in Canada, CN Railway, pays its taxes. I imagine CP's other competitors in the United States also pay applicable state and federal taxes.
This is about fair treatment for Saskatchewan in this confederation. Saskatchewan deserves to be treated equally, with the same control over its internal affairs and taxes that every other province enjoys. The jurisdictional inequity raised in this motion unfairly denies it that. The people of Saskatchewan have made their will clear, and the unanimous passage of the same motion in the provincial legislature illustrates that there is cross-party support for this change. It is time for the House to act.
By nullifying the historic tax exemption, this motion essentially codifies into law the practice that CP has already been following for an entire century. It seems to be the right and proper thing for us to do.
Besides a questionable historic contract, how could CP possibly argue it should not pay its fair share to the Province of Saskatchewan? People in Saskatchewan want their taxes to go to the public services they rely on, things like health care and education. They do not want them to have to pad the profits of a multi-billion dollar corporation. The money that CP Rail is demanding could be much better spent. I think everyone in the House will agree that it would be much better spent helping the people of Saskatchewan.
The railroads, and I speak of railroads in the plural sense, had a pivotal role in the development of our country. It is one of the central narratives we are taught in elementary school, yet in many ways, it was a Faustian bargain because today we are left with corporations that wield power far out of proportion to their place in our society. Railway companies have their own private police forces that investigate their actions when things go wrong, as we saw in British Columba after the disaster that killed three men in 2019 near Field: Dylan Paradis, Andrew Dockrel and Daniel Waldenberger-Bulmer. Their families are still fighting for justice.
Railways own vast tracks of land, much of it adjacent to communities, and this too often constrains community development and restricts public access. Railway companies design their own safety plans, which are opaque to citizens and communities and, as the auditor general found in her follow-up audit last year, are inadequately monitored for effectiveness by Transport Canada.
Railway companies also own the tracks themselves, precluding the federal government from operating a dependable passenger rail service in much of the country during a time of climate crisis when our national bus service has been shut down for good.
Now I certainly recognize the positive role that railways play as well. They are certainly important employers in our communities. In the community I live, in the community of Smithers, the town is named after the former president of the Grand Trunk Pacific Railway, Sir Alfred Smithers. Notwithstanding those things, when I talk to community leaders about their relationship with the railroads, sadly, mostly what I hear are stories of frustration.
In light of this dynamic, which is admittedly difficult to reshape given all that has happened, I would submit that the least we should expect is that these highly profitable companies pay their taxes. Let us put an end to this historic injustice. I hope all parties in the House will come together and ensure that Saskatchewan is treated as an equal partner in our Confederation. It sounds like they will.
Learning about this issue made me think of my mom's family, who settled in Regina in the 1800s. My great-great-grandfather, George Broder, settled in Regina in 1882, right around the same time that CP was building the railroad. His son-in-law, my great-grandfather, Neil Taylor, was a lawyer, businessman, veteran, athlete and someone who loved his own province deeply. Incidentally, he ran for the federal Conservative Party in 1945. I checked the electoral record, and I was simultaneously delighted and dismayed to see that he was trounced by someone representing a little party called the CCF.
Now, Neil, my great-grandfather, was also known as “Piffles”, a nickname he was given in reference to a turn of phrase that was popular during that time. If someone said or did some thing that was, shall we say, extremely lacking in merit, one would say it was “piffle”. It was nonsense, rubbish, balderdash and all the other words I am not allowed to say in this place, either directly or indirectly.
I asked my uncle Sam in Vancouver about this. He is our family's historian. I wanted to know what he thought my great-grandfather would have said about this issue if he were alive today, what he would say about a wealthy railroad company trying to get out of its responsibilities to the people of Saskatchewan. He said he would probably say that it was a bunch of piffle.