February 26, 1925

PRIVATE BILLS FIRST READINGS


Bill No. 10, respecting The London Mutual Fire Insurance Company of Canada and to change its name to London Fire Insurance Company of Canada-Mr. Hocken. Bill No. 11, to incorporate Dominion Chartered Customs House Brokers Association -Mr. McMaster. Bill No. 12, respecting The Toronto, Hamilton and Buffalo Railway Company-Mr. German. Bill No. 13, respecting a patent of West Virginia Pulp and Paper Company-Mr. Jacobs. Bill No. 14, respecting a patent of Edgeworth Greene-Mr. Jacobs. Bill No. 15, respecting a patent of Blair Engineering Company of Canada, Limited- Mr. McMaster.


INTERNATIONAL CONVENTIONS

LAKE OF THE WOODS AND RAINY LAKE


Right Hon. W. L. MACKENZIE KING <Prime Minister): I beg to lay on the table a copy of a convention and protocol between 35 His Britannic Majesty, in respect of the Dominion of Canada, and the United States, for reglating the level of the lake of the Woods, and of identical letters of reference submitting to the International Joint Commission certain questions for the regulation of the levels of Rainy lake and other upper waters; signed at Washington, the 24th day of February, 1925. Also, a copy of a convention between His Britannic Majesty, in respect of the Dominion of Canada, and the United States, for the further demarcation of the boundary between Canada and the United States; signed at Washington the 24th day of February, 1925.


LIB

William Lyon Mackenzie King (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Liberal

Mr. MACKENZIE KING moved:

That 500 copies in the English language and 300 m the French language of the convention and protocol between His Britannic Majesty in respect of the Dominion of Canada and the United States for regulating the levels of the lake of the Woods, and identical letters of reference submitted to the International Joint Commission on certain questions as to regulation of the Rainy lake and other upper waters, signed at Washington on February 24, 1925, be printed forthwith, and that rule 74 in relation thereto be suspended.

Topic:   INTERNATIONAL CONVENTIONS
Subtopic:   LAKE OF THE WOODS AND RAINY LAKE
Sub-subtopic:   LEVELS, AND BOUNDARY DEMARCATION
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Motion agreed to.


LIB

William Lyon Mackenzie King (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Liberal

Mr. MACKENZIE KING moved:

That 500 copies in the English language and 300 in the French language of the convention between His Britannic Majesty in respect of the Dominion of Canada and the United States for the further demarcation of the boundary betw'een Canada and the United States, signed at Washington on February 24, 1925, be printed forthwith, and that rule 74 in relation thereto be suspended.

Topic:   INTERNATIONAL CONVENTIONS
Subtopic:   LAKE OF THE WOODS AND RAINY LAKE
Sub-subtopic:   LEVELS, AND BOUNDARY DEMARCATION
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Motion agreed to.


CROWSNEST PASS AGREEMENT

JUDGMENT OF THE SUPREME COURT OF CANADA


Hon. GEORGE P. GRAHAM (Minister of Railways and Canals): I beg to lay on the table of the House a copy of the formal judgment and reasons for judgment of the Supreme Court of Canada in the matter of the restoration of the Crowsnest pass rates, and the general order of the railway board disallowing the tariffs of the Canadian Pacific and of the Canadian National Railway Companies.


CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

May I suggest to the minister that it would be of great interest to the House if he would indicate briefly what the judgment is?

Topic:   CROWSNEST PASS AGREEMENT
Subtopic:   JUDGMENT OF THE SUPREME COURT OF CANADA
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LIB

George Perry Graham (Minister of Railways and Canals)

Liberal

Mr. GRAHAM:

Probably, stating it in the words of a layman, I might not state it exactly, so I shall read a substantial part of the judgment:

Question 1. Whether, as a matter of law, the board is empowered, under the jurisdiction conferred upon it by the Railway Act, or otherwise, to authorize rail-

Crowsnest Pass Agreement

way rates upon the railway of the Canadian Pacific Railway Company in excess of the maximum rates referred to in the Crowsnest Pass Act, being chapter 5, 60-61 Victoria, Statutes of Canada, and in the agreement theirein referred to, upon the commodities therein mentioned.

Answer. No.

Question 2. If the court shall be of the opinion that the Crowsnest Pass Act or agreement is binding upon the Board of Railway Commissioners for Canada, then, according to the construction of the Crowsnest Pass Act, section 1, clause (d), and the agreement made thereunder,

(a) I. Are the rates therein provided applicable to traffic westbound from Fort William and from all points east of Fort William now on the Canadian Pacific Railway Company's railway;

Answer. No.

(a) II. Are such rates confined to westbound traffic originating at Fort William and at such points east of Fort William as were, at the date of the passing of the Act and (or) the making of the agreement, on the company's line of railway?

Answer. Yes.

(b) Are such rates applicable to traffic originating at points east of Fort William which were, at the date of the passing of the Act and (or) of the making of the agreement, on any line of railway owned or leased by or operated on account of the Canadian Pacific Railway Company?

Answer. In order that the traffic provided for by clause (d) should fall under that clause, it must originate at Fort William or some point east thereof which at the date of the agreement was " on the company's railway."

(c) Are the rates therein provided applicable to traffic destined to points west of Fort William which are now on the Canadian Pacific Company's railway or on any line of railway owned or leased by or operated on account of the Canadian Pacific Railway Company ?

Answer. In order that the rates prescribed in clause

(d) should apply, the destination of traffic otherwise within that clause must be a point which was at the date of the agreement " on the company's main line or on (some) line of railway throughout Canada owned or leased by or operated on account of the company."

(d) Are such rates confined to traffic destined to points west of Fort William which were at the date of the passing of the act or the making of the agreement on the Canadian Pacific Railway Company's railway or on any line of railway owned or leased by or operated on account of the Canadian Pacific Railway Company ?

Answer. Yes.

Question 3. Whether as a matter of law the board is empowered under the jurisdiction conferred upon it by the Railway Act or otherwise to authorize rates upon the Canadian Pacific Railway on grain and flour from all points on the main line, branches or connections of the company west of Fort William to Fort William and Port Arthur and all points east beyond the maximum rates specified in the Crowsnest Pass Act and agreement and referred to in Chapter 41, Statutes of Canada (1922)?

Answer. No.

Topic:   CROWSNEST PASS AGREEMENT
Subtopic:   JUDGMENT OF THE SUPREME COURT OF CANADA
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

Is the judgment unanimous?

Topic:   CROWSNEST PASS AGREEMENT
Subtopic:   JUDGMENT OF THE SUPREME COURT OF CANADA
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LIB

William Lyon Mackenzie King (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Liberal

Mr. MACKENZIE KING:

I think I can answer my right hon. friend. The judgment

is prepared by the Chief Justice and is concurred in by Justices Duff, Mignault, Rinfret and Newcombe.

Topic:   CROWSNEST PASS AGREEMENT
Subtopic:   JUDGMENT OF THE SUPREME COURT OF CANADA
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IND

William Findlay Maclean

Independent Conservative

Mr. MACLEAN (York):

When is that

decision likely to be appealed to the Judicial Committee of the Privy Council?

Topic:   CROWSNEST PASS AGREEMENT
Subtopic:   JUDGMENT OF THE SUPREME COURT OF CANADA
Permalink
LIB

Ernest Lapointe (Minister of Justice and Attorney General of Canada)

Liberal

Mr. LAPOINTE:

I do not think I can

answer my hon. friend at this date.

Topic:   CROWSNEST PASS AGREEMENT
Subtopic:   JUDGMENT OF THE SUPREME COURT OF CANADA
Permalink
LIB

George Perry Graham (Minister of Railways and Canals)

Liberal

Mr. GRAHAM moved:

That 2,000 copies in the English language and 400 copies in the French language of the formal judgment and the reasons for judgment of the Supreme court in the Crowsnest pass rates matter laid on the table of the House to-day, be printed forthwith for distribution to senators and members and for bound sessional papers, and that rule 74 be suspended in relation thereto.

Topic:   CROWSNEST PASS AGREEMENT
Subtopic:   JUDGMENT OF THE SUPREME COURT OF CANADA
Permalink

Motion agreed to.


February 26, 1925