Document Information

Date: 1981-11-18
By: Alberta (Legislative Assembly)
Citation: Alberta, Legislative Assembly, Alberta Hansard, 19th Leg, 3rd Sess, 1981 at 1697.
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1697

Constitution — Charter of Rights

MRS. CHICHAK: Mr. Speaker, I’d like to direct my question to the hon. Premier for a matter of clarification dealing with Section 28 of the Charter of Rights. And just to be clear that the Premier is clear on the section I need clarified, I’d like to read it:

Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

There seems to be some confusion as to just what that clause means. I wonder if the hon. Premier could make that clarification for us.

MR. LOUGHEED: Mr. Speaker, I’d like to respond this way. That clause, and I’d quote from the words used by the federal member for Kingston, Miss Flora Mac-Donald, when she introduced it as a proposed amendment: “provides for a straightforward unequivocal statement of purpose that all rights apply equally to men and women.”

While I’m on my feet, I would like to confirm again that the position of the government of Alberta is that Section 28 should not have any overriding provisions or qualifications to it, and it should stand as was provided for in the resolution before Parliament this past spring. Accordingly, within the last hour we have reconfirmed our advice to the federal Deputy Minister of Justice, Mr. Tasse, to the effect that that is the case for the province of Alberta on Section 28. Section 28 should stand in the resolution being introduced in the House of Commons today, without qualification, as it was originally prescribed, for the purpose I have mentioned.

MR. NOTLEY: A supplementary question. I believe the Premier mentioned that the resolution is being introduced today. Is the Premier able to report to the House whether there has been consensus among the other provinces with respect to Section 28? Has the Premier been given the advice from the federal government that in fact Section 28 will be introduced as it originally stood, not subject to the notwithstanding clause?

MR. LOUGHEED: Mr. Speaker, all I can say to the hon. member is that I hope so. Obviously, these matters of interprovincial communication and federal/provincial communication have been going on for the past number of days. When that resolution is introduced today in the House of Commons by the federal Minister of Justice, I hope it will in fact provide for an unqualified Section 28, which is the position of Alberta.