OF THE DEBATES OF THE HOUSE OF COMMONS OF THE DOMINION OF CANADA THIRD SESSION-ELEVENTH PARLIAMENT 1-2 GEORGE V., 1910-11 VOL. C COMPRISING THE PERIOD FROM THE TWE!!!! THE TWENTY-SECOND DAY OF DAY OF FEBRUARY TO PRINTED BY C. H. PARMELEE, PRINTER TO THE KING'S MOST EXCELLENT MAJESTY 1911 UNI House of Commons Debates THIRD SESSION-ELEVENTH PARLIAMENT. HOUSE OF COMMONS. TUESDAY, February 21, 1911. The SPEAKER took the Chair at Three o'clock. THE NATIONAL TRANSCONTINENTAL tion of its provisions. that notwithstanding the constitution of the Board of Transcontinental Railway Commissioners, land taken for the construction of the line was land expropriated by the Crown, and therefore that the provisions of the Expropriation Act would have application, and that an information filed in the name of the Attorney General for the condemnation of Mr. BORDEN (Halifax). Before the or- any land which was requisite for that purders of the day are called, I would like to pose would properly bring the question for ask the government what is the reason for consideration before the Exchequer Court. the delay in granting fiats to a number of Such proceedings were taken, not with refpetitions of right, I believe over thirty in erence to lands in Madawaska, although I all, which were asked for in the month of think that in some instances of lands taken September and October, 1907, in regard to in that section of the province of New claims for compensation for lands taken by Brunswick, fiats were given or expropriathe commissioners for the Transcontinental tion proceedings initiated upon information. railway in the county of Madawaska in the Some cases, however, from other parts of province of New Brunswick. It would apthe province of New Brunswick came not pear that although these petitions of right long ago before the learned judge in the were filed, and fiats were asked for more Exchequer Court for disposition, and he than three years ago, no fiat has been grant- reached the conclusion after consideration ed up to the present time. The right of exthat the lands so taken could not be conpropriation involves a certain sacrifice of sidered as expropriated by the Crown, but private interest for the public good. When that they were taken by the Board of Transit is exercised, it seems to me that the sub-continental Railway Commissioners for the ject, whether his claim be against a corporation or against the Crown, ought to have the right to make that claim good in the courts. These claims have been standing for three years, and I would like an explanation as to the cause of the delay in issuing fiats. purposes of their work, and, in that view, that the method of proceeding under the Expropriation Act would not have application. Not considering that that disposition of the matter was a satisfactory one, instructions were given to appeal from that decision to the Supreme Court of Canada. Such an appeal has been taken, but has not been heard by the Supreme Court. It will be heard, I have no doubt, at the sittings which begin to-day, and as soon as we have had an authoritative pronouncement on the subject from the Supreme Court, it will be either unnecessary to make any amendment of our present expropriation statute or it will be a matter for consideration whether that course should be taken. With regard to the granting of a petition of right in such circumstances to the land owner, let me say just one word. II have had no reason to change my view that it is more in the interest of the land owner himself that the proceedings for ascertaining the amount of compensation should be initiated by the government upon information of the Attorney General than upon a petition of right. There is perhaps no great practical difference, but there Sir ALLEN AYLESWORTH. The cases of lands taken in the county of Madawaska along the line of the Transcontinental railway have been a matter of consideration, and of discussion with the hon. gentleman who represents that county in this House by the Department of Justice for a good many months, and there has been considerable difficulty and delay in regard to them caused by the view which has been taken of the applicability of the provisions of the Expropriation Act to lands taken for the line of the Transcontinental railway. gave to the question the best consideration that I was able, upon the language of the Transcontinental Railway Act, and the provisions enacted by this parliament with reference to the manner in which the construction of that line was to be carried out, and I was of opinion, from such examina REVISED EDITION |