D

sland Representatives

Indifferent To Appeal

“Against Rank In juggg

ConservativeLeaderAnd Colleagues Present Strong Case For Federal Intervention In High-Handed

Expropriation Procedure Of T713

Campbell Government

text of the "a oi’ Coin- iirzt bland

reported in

i-‘aik Att, as Himsitru. Ftb. 1 _ Th.- l1 11w resumed consideration ct the motion of M12. -M1-ck-.nzic Km; fol‘ committee of supply. Rclit Hon. It. B. BENNEIT ireitiui- til the Opposition): One at ihi- timioitiiiiiiics afforded print: crit-viinccs to the attention at llili'l'lllllt‘lli is when a motion is tunic that. tlie house resolved it- si-lf into roniinitice of supply. For- 1i;r..11i=i_v 1n the case to which I ain tiboiit to direct attention there t» no uuiciidniciit involved. and I trust ilia‘. iin censure can be road

iuiiics It is rather an m) of iucis which I shall ma ivith the hope that the Min-

ister oi lliitcs and Reisource-z tMr. cierai-i will take steps to remedy ivuat is 111 liict a great gixcvance ou 1h: p11"! of niany people resid- 111a in the stnflll province of Prince Eduard island.

In the tear i936 it ivi'l be re- tuembrred that parliament enacted giiaptcr 43 of o11r statutes ivhich DTOYIIII‘ tor the establishment of a 1k 1n Prince Edward Is- land. s 111011 5 of that act provid- Pt that the are-n for thcpark shall a» pvovidiil by the province free from all rlhims of any kind 'I'hat fltfllllll‘ ammo low on Jllllf‘ 23. 1938. Pl'lll(‘0 Etiivard Island has I icgi‘ ire in which there are no oppcs ou members. They are all vitipoitrrs of the government. On April i8. 1936, tlic legislature pre-

irtl chant. r l7 of t-lic statutes for that ye 1 the relevant section of wircii iiatis!

i, l'i.1~ 11,-. pin-glow of t-"t-lvriillfl 4| hilt" li-r 11 IIJAIIUIIIII piirk art-ii or art-u or :1|"1».1s tn ilu- pruiincu, lln- yriiiliii II avert-Livy IIIHI uny otliit- 1 ll ttl‘ persons authorized In i1.in \'i' 11y liic executive roun- til niiy itiit-r upon iiiiy lniiii of

ti-uttl to bo NIIIIIIIPII.‘ fnr .1-11l II inuki- nu iii- il 1111i sill‘ of the Iiilllil‘.

IIIIHIH within ilii- pro- II< -<l n.- be Nlllllillll‘ for tlie lieutenant gov-

m. ~1i-~nui~t. untl of

tours lu-tlwt belonging or o1]- iici-iit Iii iii- \I-'l,I"-'4I] iiii- iuiiir iii Ilw i1 oi tho ‘I.'VIIII'I‘ of.’ lnlivriril liiliind IJIHHIIIIIPI)’.

Appropriation Clause

n10‘. ioTows a provision with Ifsptn‘! z-i tlit- expropriation order. Naturitflt- some provision is tobe fvpccttiri which dealswitlitheques- lion o: 1'1:- (‘xfmpellsilllflll io be- oaid. wr- find that section 5 reads:

ri-iiuoniiblt- llino 11g of lli oriIi-r in

~ l'.t1|li' It)" iitti- HI niiil llltliltrliuitint-tit of “KP iitit Iii-lihtlllltl! in It‘

- ilt-irohy- i-xpropriitti-tl. "UZVIIIPIIIIPIIIIIII governor in ainuui-ll m"; fill-l’ ll further orllrr Iixltil illll or rim-h t-ompeiiniitloin, imil IIFIHIIIPIiII lflfliflllrllf i. y

Iiinunt no

All NEVER G0 T0 DINNER WITH A BOY AGAIN UNLESS

. , IHAVE " " SOME PHILLIPS’

TABLETS IN MY

0i"!!! "acid indigestion" Io dis-

tmsi"! 1° you-and offensive to But _now there is no excuse I ‘trig guilt “illicit, simply carry _your alkalizer f I lou- 11nd use it at the first in ‘if upset" stomach. Simply Milk 7° ‘my tablets of Phillips‘ h ° Magnesia when out wth ‘ake tw —-I M. home- ou can pm“ .° ‘Piltifioonfuls o liquid Relllfi- Both act the lame way. “Cami? ti“ usually ii rrutber of bum ,0“. nausea. "heart- quicmy aifjgutligilfileijiill respond ll ' a

‘or Phillips," ‘m’ W“ "k

MADE I “ain't

.-

| | t

l

,her of the house Io know o

HI Inln tlii- (‘ourt of (‘hum-cry Q0 m’"&':"'|"v|‘n""| " liulii on! upon ..'.1'..::.' ti". ' 1" int.» court val ‘Ilntil- mwh ""311"," “Mm M n iii Inlly IIIIIPIIIIYKP (Ill! mm w r‘ Persona whltiionver for | mun on In ruprct In lint F,“ prnprlmur of ouch Inmhi,

Then follows section 6: ’i'li1- ll"llll'lllllll glut-run;- 1“

t-outicil

(,0 PIWIY hike sin-ii iuritit-r nit-pit its are no. i-x»

et-iotary II.‘ pri-priutwi In Ila .\i i» .

rlirlit iii Fiiiiiiilii or 1ii".-1i‘..°§’,.§{.‘,, llllfllllblil. offii-ir or lrtnilce nil iii-t ir "f the uov-riiiiit-tit of (‘iiniitln no IIIlIIV Ilifnliriiix-in‘ tor thr- (‘NIRIIIIRIIIIIPIII of It - -""-i liiirl. on lilllJIl site.

It therefore is t legislation was tlfelcaiaicrgtiedtlliiplortihl: "will"? Passed by this parliament,

vt-ui the limits so

by which we undertook certain obligations with respect to a “alwml bark in Prince Edward

18181141. or an area in Prince 13d- Ward Island to be acquired by that

province. The province, instead of ex.

Droprtntlng the lands, a; would done in the case of a railway oom- ‘t Pliny. 01‘ bv the crown. merely passed a statute vesting the land's indicated by the surve/yor in tlici crown in the right of the province. l TIIM- I" iii! self meant thatmen and women who had inhabited and oc- ' curled lands for generations. the ancestors of some gain brick to the eighteenth century,‘ ounct that their ‘ands were vested in m; orowiyin the rtiuii of the province | of Prince Edward Island. The province undertook that upon the acquisition of the lands they were to be vested in the crown in the Tiklit of the dominion. as national park.

No Arbitration

a 1

Now wr- come to the next im- portant question. that of compensa- tion. ‘These old farms, old IIOIIICI with traditions and sentiment at- taching them, were vested in the crown in the right of the pro- incc of Prince Edward Island. for purposes of a national park. Nat- urally. in the case of a railway ex. ercising the right of eminent do- main. or in Lhc case of the crown exercising the right of eminent do- main, there is provision either for arbitration or for the hearing of the claim before it district or county coiut Judge.

But. behold what was done in this caswand if You wimi an Illus- tration of what happens In n prov- lnce where there is no oppo ltfon In the Iegialatum. gIvt- your atten- tion to what happened here. The pi-ovinte, in the right of this gov- ernment. took the rig/lit to declare what compensation nhould be given to those oumcrs. I hold under my hand the notice which was given in one case. that of a woman “"110 had constructed n number of cabins on the shore. She rented those cabins to tourists. making a. profit of aibout $2.000 a year. This is the letter which wins directed to her on August i0, last:

I run rllreeieti Io mliiius you flint tho oxeriutlve eouurll hon uuthurlz- otl ocltlomant for tlie lulu]: fol-mor- ly owned by you um! axproprlntul for the put-pone of a notional Burk. In Ilia full nninunt of ‘L030.

A ulreh of tho tIIIe to tho Innrh In now being iuudo nml payment will Iu- mnilo 11f tlilii offleo when Illuflllll'llll‘_\' mlili-nco nf lltlri lit IIh-tl luul urmuuomi-tifu are tnntlo In I'v- move tiny hulltliugn liunt may In on tho IIIIIII.

You" lruly. r. s. FIELDINII, Deputy Proilnrlui Trennurer.

I venture to say vhnt it In not within ire knowledge of an mem- a cane where the vendor of land was to have thr- price he was to reoclve for it. when It ivnii taken from hlm by romytlllulmi. si-t bv the purchas- cr. II-iit. (‘"11 Is what happened here.

, Rights Withheld

Ivitliout tlic rlglit of’ court a tiun. without the right of being heard before an independent tribunal, and without the right of arbitration or lllfllcfll determination, the own- crii of these old tome» have hail them tuksti from them by a VCII- Ing orifcr III the form of o ntatute puled by the legislature of Prince Edward Island. The price they are to receive as compensation for their lands a-nd buildings is to be fixed by the same government which took them from them. If no settle- ment can be arrived at. the author- ities simply write a. letter in which they say. "You are to get so much mou ."

1 3y that when we are the bene- ficiaries; when -we have invited this action to be taken; when prior to this we enacted c statute which said that w; would arovido a national pork when we got the site. and when as a rooult of thflt legislature wok the ' In $119 manner I have iiidica . to P"); vide that no. it is not rItrH or I consonant-i», with our idea of British

antics that these people FhOuId

‘y; their land: or home: trkcn from them or that they should be disposcesar. no that. g national park might be operated b! "W 17°‘ minlon of Canada. It is not rift" to have the rice fixed by the I-l" ernment wh oh took the DION"! from them.

Federal

In other ivortis, the perwll 0ft persons-this "being l I°V°mm¢& .411 whom the properity is vest” by legislative act can fix thl 91' 6

Responsibility

to be paid to the man or ivoman deprived of his property. Ix that not a. real grievance? Is that not a. "W"! which w: should not toler- ate, when “c are to become the owners of the property? This is not a mailer of piiitics, because many. of these men and women are, of course. of r0 ressity supporters oi thQ naLiotisi federal government.

- I suggest they are ai‘ siznporters cf

fill-ii government, and tho govern- ment in Prince Edward Island. One of the ministers in the federal gov- ernment. the illlnlsic of Haunt-e (Mr. Dunning) sits as a representa- tlie of flirt provillcc. I .s quite or).

viou. that this tnattei" eliflillii ic- ccivc the consideration of the house.

Thor h" ve asked that the griev- ance Ilf: lfFEzilllliffl zit the earliest pucssible moment A petiton was sent to the Minister of M.ncs and Resources reciting all these iacts and he, very properly, gays that thi- is not a matter over which at this time he has that cantrl which iyould enable him 1o act. The gov- ernment, however, has tlie power to communicate with the goverumtz-nt of Prince Edgurd Island, 111st as in times past successive miubtcrs of justice have communicated with the provinces foi" purpo es of amendments being made to legisla- tion. so that they might be made intra vircs where formerly they had been ultra vires.

“Grave Abuse of Power"

I believe that we have hcre a grave abuse of power; l think 1 am using a. term which is not too strong. This is an abuse of power, In view of the declaration made by the oourt of lost resort in Canada, following which individuals have been able to proceed Io the court of last re ort In I-Inglzvntl. for the purpose of having Mottled tho pnn- cfpl: upon which their damages should he ass-eased. whore prop- erty was token hy compulsion. That. was a. case against. the olti Canadian Northern Railway Coin- pany where the proceedings went to the privy council and the r1‘ nc- iples which pverncd were laid down the prnciples which govern the determination of the compen- sation to be paid in this case have been settled by the court of inst resort.

It seems to me that these pecpic are entitled io the application of the law of their country. Iloeii tl-o rninlsI/ii not agree flint it is high- handcd in this twentieth century that men and women should have their property iakcn from tlem by compulsion untl llicn have the principles that apply in tiic settle- ment of the compensation they art: to-rcceive made no longer applica- ble tn their case? Should a gsvzrn- ment of the day that takes the property be permitted merely to say. ‘We will give you so much monryi”

Instances Ciit-il

One man wctit U181]; to establish a. particular agricultural industry. the growing of a certain kind of plant in a particular soil He was gomtpelied to leave: his (msr- has been settled mid lic lit-s left the country. Of 0011121‘. that wins iii- evitnble. There is another instance in ivliii-h land Wfii expropriritcd and Ill!‘ individual said that lic ivuvitl not tako the price oifcrctl. The RIIIIIOTIUOS tlicn said. “Oh. \vi-ll. we do not need it now." 'l‘lierc is rt decision that once thc power of cx- propriation has been ['X“Y-I-'4I‘I'Ii after you have had the p party for months. you cannot suddenly. because n mun will not trke whit you offer him. say. “Well, we do not wnrit the land noun“

Acting tinder IllSll‘ll(‘Il;‘.IlS from the owners, the‘ man proceeded to break tioivn some of the liirltiirizs and to treat the property zis ump- ertv ‘belonging to t-he cr \"."n in the right of the province. The tvnii fer to the crown in tit.- rt lit of the province its such ct‘ cotirsti liiis not been IPQIJOFIYI. but iii," rtvtllftl transaction has been coninl ted as the officuals Qf the national pwks brunch are on thr- property rind ex-

ercising jurlwticfon over it They have warned these imfcrtiinnte people that they iiiitst lcaii‘ and that cabins etin no lnll“"l' I)!‘ per- mitted. This IILTIIPI‘ nnti hi; '~ fe have optwntr"! flies" (“llllll "s" ii

means of llv:~'llioo:' M I -tid._ ypqgtr br1:i11rs< liroiiulii 1:1 :1 w‘ oi $2000 a vcni- rind iii " lllll‘ ti“ u

offr-rcl slfititt for it". pi" . ll- fllr, IH\“I]I‘I,I,\ Qitvnewil ll

I am draw r1 "his tiit-iici" to “ic

attention Pf the iiiinfstei" at this

time railie" UV!‘ lvfiillil’! iintii his EQIIITIBIQH are hflo-"e III" 1101's‘ n1 I "link it i" a mnPi-v which lu- amt his roIH-nvvut- lh- {Vlitfqirr of Jirt- Icn. iiliould flit-Pet lo the att-niion of t'"e government of Prlnrc I-Jil- ward Island. The "IIIIVIIIIIFH tht-rr should he aslccrl Io mndifv Urn- lcgislfliim. an has been done fr?- quently. for the purpose of ov-iihl- Ing justice Illlll rlaiif to he done. It is true- tliai. the first not WM payed in 1936 and tiic- 310111" in which it could be disaiiiweri has passed: but the amending statute. which gives forre and vflllflliy to the statute of i936. was not assent- ed to until April 9 of last _\'_'_‘-Yl'_ mill thercfhrc will stand for d midw- ance for many month: rot. 7W5 igeliapter 24 of ihti ("totes of i937. and I refer n'"i"“<":"larl_v to section 3. which reuds:

I‘||'|~Ir|l4"I 1m Ill‘ tttiu- o!‘ Pith-rill!

"'I‘tii~ 1il‘I ~4liiii| III‘ iuir TPIPIIIIPIIYI‘ ti: III!‘ thr- lit-t III'I'I‘II\' iiuii-triit-ii. fllltl us Ii-iv- lug tlio. Illlltll fi\n'bl out! 1- l‘l'I no if tlie pruvlcionn lit-roof Imtl IIO‘I'II liii-oi'ititr-"ll~ vii ill the urittlmil m-t "

If the Minister or Ju-itii-e" deals with that ntwtuie wIIIiIn twelve months cf "Io date of its receipt. than will be amph- time In which to bring about such amendment as wIII enable (hone who have been plfIUflIWWi to bring their cues either In the eourtu or in n Iwarrl of arbitration In ortbr that tin-v may receive compo-titration lo which they Ire Iuntly olltllled. I think that t: a fair saver-alien tn make to the minister under tlie circum- ltinfifl-

" 'i ill".

(lIilz-‘..'.'.():i"1io'i .."..1.*t can't",- t":

a L

iscussion 0n ANational Park Iss

ue

I 110m we an not to undertake tlie management of a national park \\'Illt‘ll has been brought into being by depriving citizens of their rights under the law, and by taking from

thein by an arbitray act- of the legislature any right to nave a court or a board of arbitration

determine the amount o. oomp- cnsatioii they should receive" for the lniurlcs they have suffered through the compulsory taking of their property. I submit. that is not an unlair proposal to..make. and I make it to the minister before his tr-timaies are brought down in order that the matter ma be brouafit to the attention o the Prince Edward Island government.

SIIII Time To Protest

I realize, of course. that the minister may say that he is here simply to operate a national park when the site is given to the gov- ei-nmeiit and is not concerned about the method by which the lute is acquired There has been a deprivation of tlie ri ht which over; British citizen suppoed to have of recourse to some tribunal for Ill‘! purpose of settling the amount he is entitled to receive from the person who takes his property. The person “no takes his tiropertu should not be permit- to-Ll 1o y" arbitrarily’. "I will give you $ WilQ-lllliy you must take it. and that i oil you get. You have no right to recourse, either to ihci courts oi" ..nywlicre else." I

I

'I‘ne existence of such u con- dition I ncicve calls for tlie c crcisc of i1 power which in duys gone by has frequently been ex- ercised by ministers oi‘ justice who have brought tlie aitcntzon of provinciiul gllilvllOlllllffs to certain situations and asked that they be amended. \‘i'itliin tlie year that mwt QIIIIIM‘ from tho llllll‘. of the receipt of the 1937 statute there will be am l2 tirnefm" the minister to bring tiis situation to the at- tention of the government of Prince EllWffd litllml. Their legislature ‘has notfmct this year and ttcre would be an opportunity to remedy one of the gravest injustices which have ever been perpetuated against the peopl-e of any province.

Right Hon. Mr. LAPOINTE tQuebec East): Does my right hon. friend know the date of that enactment?

M1". BENNETT; I mentioned just now that the operative part was made retroactive. The second act W8; assented to on April 9. 1937, iiiirl I do not suppose it would get to the Secretary of State (Mr. Riizlret) until home time in M11)’. Therefore. there would be ample time to deal with this matter That is why I toclk advantage of the first opportunity to bring it to the attention of the govurninent. I assure you. M1". Speaker. and other members of the house. that I ivoukl not IlllVg done so ‘had it not been for the urgent IIECQ-Bolty of doing it promptly.

HQIL T, A_ CRERAR, iMinistei" of Mines and Resources): Mr. Speaker. it i." a mutter of some regret to me that mv right hon. friend (Mr. Bkflllltill) did riot give me any in- timation that he proposed to bring this matter before the house.

Mr. IIENNEIT: I did not. think it was 11 matter that required any

notice . “Not Responsible“

Mr. CRERAR: "Consequently 1 am not as ivcll acquainted with the facts to viviiich he has alluded as I otherwise might have been. It is

tiitc trite that a. park was estab- llshed in Prince Edward Island. I think niy riglit hon. friend knows that. under the parks act the province has to supply free of irliririre the site to be sct asidg for the pork and convey title to it to the government oif Canada. The federal government has nothing to do with [lip mariner in which the provincial government osquires the area for the park. other than to

sm‘ that it is suitable ftii" pork purposes. I rc-ciill one communication I

received i-rbseqticntly to the (ledg- iirition of this area as a park by the provincial government. 'I‘liis was from a, tzentieman iii New York who has a summer cottage wfthfh tho prevent. part‘: boundaries. He rcqucstcti that lie be permitted t0 occupy the cottage each summer as long as he wished to do so. I replied that that was. a matter of arrangement between himself and tho provincia‘ government If he tinsss-s title oi" his lhnrl so that It could comp in the ""n.ury course to the fcdcrni government. I in-I formed him IlIPTt“ would ho no ob- ' tection on the prirt of the parks‘ aurhorifcs to nermitthio; him in QfiIOv his sumnirr holidays in tn“ cniiiicr- he has hot" ".f"‘il.‘-‘ll’i’illf‘ll to as intig; as he wt iv: to do so.

be reported in the Prince Edward Ihisiior tribunal.

Island paper, and l vfnture to hope that if any Injustice has been done. the Prince Edward Island govern- ment will tlke notice of the crit- icism oi’ my right hon. friend. and will set about to correct any such lnjusiier.

Mr. BENNETT: May I Just cx-, plain to the minister that I d0 not propose to move rt motion. and I did not oven think it was 111cc:- sary that lie should answer lint I sold. I was nierefy bringing ilic matter to the attention o! the gov- ernment. If for a moment I had thought it. would involve any actmi at the moment I would certainly have given my hon. friend notice because otlierwi e it might be thought I was discourteous. As I say. I merely desired to bring it to the attention cf tlie government and ‘ had not even contemplated the minister stating what he has stated to-niglit.

"Manifestly Unfair"

Mr. W- A. WAIsI-I thicunt Royal): Mr. bpciikcr. I unis urg-"tt dining the course of the siuniiier‘ to bring this mziiici" _to the at- tention oi the house to see if sane redress c.ul1t not be p1 ovideu in‘ the unfortunate situation tlini tins arisen iii Priiici: lit l Lilo in u province that ‘i; ii national p "k iii itself without the setting aside of any specified area for iialzonal tiark purposes. injustice has bten clone in (iertain znsianres. and it the minister had journcycci t» that i province lnmself and Il.t(I peizoriril knowledge of wltrit im- bcen done through tuc instriinieniality oi the act which has been referred to in the house I0'IlIL§llI.~ I urn siirc that, he would have been vitally intcrcstcti iii the liumiin side of {I50 picture ivii ch eoird be picsciit- e