February 26, 1925 (14th Parliament, 4th Session)

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
Full View