Document Information

Date: 1971-02-08
By: Secretariat of the Conference, Gerald Regan
Citation: Federal Provincial Constitutional Conference, Premier Gerald A> Regan, Nova Scotia (Ottawa: 8-9 February 1971).
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FEBRUARY 8, 1971 NOT FOR RELEASE BEFORE 11 A.M.

REMARKS OF
PREMIER GERALD A. REGAN
NOVA SCOTIA
AT THE
FEDERAL-PROVINCIAL CONSTITUTIONAL CONFERENCE
FEBRUARY 8, 1971
OTTAWA

MR. CHAIRMAN, MY COLLEAGUES AND I IN THE GOVERNMENT OF NOVA SCOTIA WELCOME THIS OPPORTUNITY TO PARTICIPATE IN THE CONSTITUTIONAL CONFERENCE. WE ARE PLEASED THAT NOVA SCOTIANS HAVE GIVEN US THIS OPPORTUNITY TO REPRESENT THEM AT THESE IMPORTANT MEETINGS.

I EXPRESS OUR APPRECIATION TO ALL THOSE WHO HAVE SHOWN SUCH DETERMINATION AND PATIENCE IN LEADING CANADA THROUGH RECENT CONSTITUTIONAL DISCUSSIONS. THIS HAS INDEED BEEN A PAINSTAXING PROCESS. A FACT LITTLE REALIZED OR FULLY APPRECIATED BY MANY PEOPLE.

WE WISH TO ACKNOWLEDGE IN PARTICULAR THE INITIATIVE AND GREAT CONTRIBUTION OF THE HONOURABLE JOHN ROBARTS, WHOSE

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FAR SIGHTED AND WISE COUNSEL WILL BE SORELY MISSED FOLLOWING HIS RETIREMENT FROM PUBLIC OFFICE IN THE NEAR FUTURE.

SINCE THE DAYS BEFORE CONFEDERATION, NOVA SCOTIANS HAVE PLAYED ACTIVE ROLES IN NATIONAL DISCUSSIONS. YOU WILL, I AM SURE, SUPPORT MY OWN RECOGNITION OF THE USEFUL PART TAKEN IN PREVIOUS MEETINGS BY MY PREDECESSOR IN OFFICE, THE HONOURABLE G.I. SMITH.

WE SEEK TO ENHANCE THE TRADITION OF OUR PROVINCE. WE WILL PERSUE THE INTERESTS OF OUR PEOPLE IN THE SPIRIT OF CO-OPERATION THAT GAVE BIRTH TO CANADA AND PERMITTED THIS COUNTRY TO FLOURISH. WE SEEK IN PARTICULAR AND WELCOME THE OPPORTUNITY TO WORK WITH OTHERS IN THIS CONFERENCE TO ACHIEVE A REVISED CANADIAN CONSTITUTION.

MR. CHAIRMAN, “WE ARE ANXIOUS THAT THE PROCESS OF CONSTITUTIONAL REVIEW BE ACCELERATED, AND THAT AGREEMENT BE ACHIEVED ON THE METHOD OF ‘CANADIANIZING’ THE CONSTITUTION AND ON ITS BASIC NATURE, INCLUDING THE PROVISION FOR AMENDING IT.”

WE BELIEVE THAT THE METHOD OF EFFECTING A CANADIAN CONSTITUTION SHOULD BE AS EXPEDITIOUS AS POSSIBLE.

WE BELIEVE IT IS A MEANS OF ACHIEVING A CONSTITUTION AND WILL NOT NECESSARILY REFLECT A SUBSEQUENT APPROACH. WE

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SHOULD NOT PERMIT THE REVIEW PROCESS TO BE DELAYED OR TO BREAK DOWN ON WHAT IS ESSENTIALLY A QUESTION OF MECHANICS.

THE NEW ADMINISTRATION IN NOVA SCOTIA DOES NOT BELIEVE THAT IT IS FEASIBLE TO CONSIDER PATRIATION OF THE CONSTITUTION WITHOUT FIRST HAVING REACHED AGREEMENT ON THE AMENDING FORMULA TO THE ULTIMATE CANADIAN CONSTITUTION. THEREFORE, THE QUESTION OF PATRIATION AND THE AMENDING FORMULA MUST BE CONSIDERED AS PRIMARY CONCERNS AT THIS STAGE IN THE REVIEW PROCESS.

PROVISIONS FOR AMENDMENT OF THE CONSTITUTION HAVE CAUSED CONCERN FOR MANY YEARS AND FAILURE TO AGREE ON A FORMULA HAS DELAYED ITS DEVELOPMENT.

THE GOVERNMENT OF NOVA SCOTIA APPRECIATES THE FACT THAT A NUMBER OF COMPLEX FACTORS MUST BE WEIGHED AND REFLECTED IN CONSTRUCTING AN AMENDING FORMULA.

THE 11 GOVERNMENTS, OF CANADA AND THE PROVINCES, MUST HAVE A VOICE IN THE AMENDMENT OF THE CONSTITUTION. ALL THESE NOW SHARE CONSTITUTIONAL POWERS AND, TO THE EXTENT THAT THEIR POWERS ARE EXCLUSIVE, THEY ARE SOVEREIGN GOVERNMENTS. THIS CANNOT as IGNORED IN DEVELOPING A FORMULA WHICH WOULD PERMIT CHANGES IN THOSE POWERS.

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WE REALIZE THAT AMENDING THE CONSTITUTION OF A COUNTRY IS AN EXTRAORDINARY MEASURE.

SINCE AMENDMENT IS AN EXTRAORDINARY MEASURE THAT MAY AFFECT THE POLITICAL, ECONOMIC, CULTURAL AND SOCIAL STRUCTURE OF THE COUNTRY, THERE MUST BE SAFEGUARDS TO PROTECT THE INTERESTS EMBEDDED IN THE CONSTITUTION. IN EFFECT, IT SHOULD NOT BE EASY TO ALTER THE EXISTING “CONSTITUTIONAL STATUS QUO” AT ANY GIVEN TIME, ON THE OTHER HAND, THE AMENDING FORMULA SHOULD BE SUFFICIENTLY FLEXIBLE SO THAT AMENDMENTS CAN BE MADE TO MEET CHANGING SOCIAL AND ECONOMIC NEEDS.

IT IS NO EASIER FOR THOSE SITTING AROUND THIS TABLE TODAY TO ANTICIPATE CANADA’S REQUIREMENTS 60 YEARS HENCE, THAN WAS POSSIBLE FOR THE FATHERS OF CONFEDERATION TO ENVISAGE THE TECHNOLOGIES AND OTHER CHANGES WHICH HAVE TAKEN PLACE SINCE 1867.

WE MUST STRIKE A BALANCE BETWEEN RIGIDITY AND FLEXIBILITY. WE MUST ASSURE THAT A MAJORITY CANNOT OVERRIDE THE LEGITIMATE ASPIRATIONS OF A MINORITY OF PROVINCES OR PEOPLE WHILE AT THE SAME TIME ASSURING THAT A MINORITY CANNOT FRUSTRATE THE DEVELOPMENT OF OUR COUNTRY.

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A COUNTRY WITH A VAST QUANTITY OF UNDEVELOPED AND UNDERDEVHLOPED RESOURCES. A COUNTRY WITH VARIATIONS IN THE LEVEL OF ECONOMIC WELL BEING AND A DIVERSITY OF CULTURAL HERITAGE.

THERE IS AN UNEVEN DISTRIBUTION OF POPULATION BETWEEN REGIONS OF CANADA AND THAT CHANGES IN POPULATION DENSITY AND DISTRIBUTION ARE LIKELY TO OCCUR AS THE COUNTRY AND THE VARIOUS REGIONS GO THROUGH STAGES OF ECONOMIC AND SOCIAL DEVELOPMENT.

WHAT WE ARE SEEKING, THEN, IS AN AMENDING FORMULA REFLECTTNG THE DIVERSE NATURE OF CANADA. ONE WHICH WOULD ESTABLISH THE CONSTITUTION AS A LEGAL DOCUMENT EXTRAORDINARY AND ONE THAT WOULD BE ACCEPTABLE TO ALL ll GOVERNMENTS AND THE PEOPLE OF CANADA.

IT IS IMPORTANT THAT THE CONFERENCE ACHIEVE AGREEMENT ON PATRIATION AND THE AMENDING FORMULA. THE FEDERAL GOVERNMENT AND THE PROVINCES FACE MANY PRESSING PROBLEMS, ECONOMIC, SOCIAL AND CULTURAL, THAT AFFECT THE WELL BEING OF CANADIANS. ON THESE WE CAN TOLERATE NO UNREASONABLE DELAY.

YET FEW OF THE IMPORTANT POLICY ISSUES WE FACE CAN BE DEALT WITH EXCEPT ON AN AD HOC AND TEMPORARY BASIS WHILE MAJOR CONSTITUTIONAL ISSUES REMAIN UNSETTLED. IT OCCURS TO US THAT WITHOUT AGREEMENT ON THE METHOD OF PATRIATION AND THE

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AMENDING FORMULA, DISCUSSIONS OF OTHER MATTERS TO BE CONTAINED IN THE CONSTITUTION CANNOT BE VERY PRODUCTIVE.

THE PROSPECT OF REACHING AGREEMENT ON SUBSTANTIVE MATTERS, AND FILING THOSE AGREEMENTS AWAY PENDING FINALIZATION OF PATRIATION AND AGREEMENT ON THE AMENDING FORMULA, DOES NOT PROVIDE THE DYNAMIC STIMULUS THAT WOULD PREVAIL IF WE KNEW THAT ONCE AGREEMENT WAS REACHED THE IMPLEMENTATION COURSE WAS CLEAR.

MR. CHAIRMAN, I ANTICIPATE THAT ONCE WE HAVE PATRIATED THE CANADIAN CONSTITUTION AND HAVE AGREED ON AN AMENDING FORMULA, THE CONSTITUTIONAL REVIEW PROCESS CAN MOVE AHEAD AND WILL RESULT IN A SIGNIFICANT UPDATING OF THE CONSTITUTION TO REFLECT THE NATURE OF CANADA AND THE POLICIES WITH WHICH GOVERNMENTS MUST DEAL.

DURING EARLIER DISCUSSIONS ON ENVIRONMENTAL MANAGEMENT, IT HAS BEEN SUGGESTED THAT THE FEDERAL POWER IN THIS FIELD SHOULD, IN THE EVENT OF A CONFLICT WITH PROVINCIAL LAWS, BE PARAMOUNT IF THE POLLUTION HAS SIGNIFICANT INTERNATIONAL OR INTERPROVINCIAL EFFECTS.

IT IS SUGGESTED THAT IN THE EVENT OF A PROVINCE NOT MEETING ITS RESPONSIBILITIES IN THIS FIELD, THE FEDERAL GOVERNMENT SHOULD THEN HAVE THE POWER TO TAKE APPROPRIATE ACTION. WE ARE NOT SATISFIED AT THIS TIME THAT SUCH CONSTITUTIONAL ARRANGEMENTS WILL PROVE TO BE SATISFACTORY.

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NOVA SCOTIA RECOGNIZES THE NEED FOR GOVERNMENT TO HAVE INCREASING CONCERN FOR AND TAKE MEASURES TO STOP THE DETERIORATION OF THE ENVIRONMENT HY CONTROLLING CONTAMINATION BY INDUSTRIAL ESTABLISHMENTS, VEHICLES AND SHIPS, WASTE DISPOSAL SYSTEMS AS WELL AS POLLUTANTS DISTRIBUTED BY INDIVIDUALS. THE LONGER SUCH MEASURES ARE DELAYED, THE GREATER THE MAGNITUDE OF THE PROBLEM AND THE MORE LIKELY IT IS THAT IRREPARABLE HARM WILL BE DONE TO OUR ENVIRONMENT.

THE PROVINCES OF CANADA AND THE FEDERAL GOVERNMENT MUST JOIN FORCES, JUST AS CANADA MUST CO-OPERATE WITH OTHER NATIONS OF THE WORLD, TO CONTROL POLLUTION OF THE ENVIRONMENT. POLLUTANTS DO NOT RESPECT POLITICAL BOUNDARIES OR JURISDICTIONS. THE PROBLEM MUST BE ATTENDED TO AT ALL GOVERNMENT LEVELS … LOCAL, PROVINCIAL AND NATIONAL AND THERE MUST BE FULLEST CO-OPERATION BETWEEN THEM-

WE CANNOT, EVEN IN THE LESSER DEVELOPED AREAS OF CANADA, RUSH FORWARD WITH ECONOMIC DEVELOPMENT WITHOUT REGARD FOR PROTECTION OF OUR ENVIRONMENT. I AM SURE THAT ALL PROVINCES WOULD ACCEPT THE PROPOSITION THAT, AS THE PEOPLE OF CANADA INCREASE THEIR AWARENESS OF THE PERILS OF POLLUTION, IT WILL BE POLITICALLY FEASIBLE TO INTRODUCE EFFECTIVE MEASURES TO CONTROL ENVIRONMENTAL HAZARDS.

NOVA SCOTIA WISHES TO EMPHASIZE THAT ONE OF THE PRIORITIES THAT MUST BE ACCEPTED IS THE REDUCTION OF ECONOMIC

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DISPARITY BETWEEN THE VARIOUS AREAS OF CANADA. THE PROVINCES MUST HAVE, IN NEW CONSTITUTIONAL ARRANGEMENTS, SUFFICIENT REVENUES WITHIN THEIR CONTROL TO BE ABLE TO MEET THE COSTS AND OBLIGATIONS OF PROVIDING ESSENTIAL SERVICES.

THE GOVERNMENT OF NOVA SCOTIA SUGGESTS THAT THERE SHOULD BE PROVISION TO INSURE EQUALIZATION OF PROVINCIAL REVENUES, INCLUDING MUNICIPAL REVENUES.

FURTHER, WE TAKE THE POSITION THAT THE FEDERAL GOVERNMENT MUST CONTINUE TO HAVE THE POWER TO EQUALIZE SOCIAL AND ECONOMIC OPPORTUNITIES IN ALL REGIONS OF CANADA.

WHILE THE INSERTION OE A “POLITICAL OBLIGATION“ IN THE CONSTITUTION TO REDUCE ECONOMIC DISPARITIES BETWEEN VARIOUS REGIONS OF THE COUNTRY DOES NOT HAVE THE EFFECT OF PUTTING PROGRAMS INTO MOTION WHICH WILL ACTUALLY ACHIEVE THAT OBJECTIVE, WE CONSIDER THAT REFERENCE TO THE OBLIGATION IN THE CONSTITUTION WOULD CONSTITUTE A REMINDER TO FUTURE GOVERNMENTS OF THE IMPORTANCE OF OVERCOMING REGIONAL DISPARITY IN THIS COUNTRY.

IN THE CURRENT STATE OF OUR ECONOMY, UNEMPLOYMENT HAS REACHED A LEVEL WHERE IT IS OF CONCERN ACROSS THE ENTIRE COUNTRY IN THE LESSER DEVELOPED REGIONS OF CANADA, HIGHER THAN AVERAGE LEVELS OF UNEMPLOYMENT HAVE LONG BEEN A FACT OF LIFE AND WHEN THE GENERAL LEVEL OF UNEMPLOYMENT INCREASES ACROSS THE COUNTRY THE PROBLEM IN PROVINCES SUCH AS NOVA SCOTIA IS MAGNIFIED.

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THE GOVERNMENTS OF CANADA MUST WORK TOGETHER TO DEVISE MORE EFFECTIVE MEANS OF DEALING WITH UNEMPLOYMENT.

THE PROBLEM HAS TWO DIMENSIONS. FIRST, THERE ARE SHORT RUN REQUIREMENTS FOR MEETING THE IMMEDIATE SITUATION. WE ARE ANXIOUS TO CO-OPERATE WITH THE FEDERAL GOVERNMENT IN EFFORTS TO OFFSET THE HARDSHIP IN UNEMPLOYMENT NOW PREVAILING IN OUR ECONOMY.

THE SECOND DIMENSION IS THAT OF FINDING BETTER INSTRUMENTS TO AVOID INCREASES IN UNEMPLOYMENT BEYOND MINIMUM LEVELS WHICH WE MIGHT REASONABLY ANTICIPATE OR, TO STATE THE PROPOSITION IN POSITIVE TERMS, TO DEVELOP INSTRUMENTS TO ENABLE US TO ACHIEVE A “FULL EMPLOYMENT” ECONOMY.

WE BELIEVE A THOROUGH EXAMINATION MUST BE MADE OF PRESENT INSTITUTIONS WHICH FIND OR CREATE EMPLOYMENT FOR THOSE WHO NEED IT. WE MUST ALSO EXAMINE SUCH QUESTIONS AS THE ROLE WHICH ALL LEVELS OF GOVERNMENT, INDUSTRY, AND THE TAXATION SYSTEM CAN OR SHOULD PLAY TO INCREASE EMPLOYMENT.

THE QUESTION OE BOUNDARIES AND CONTROL OVER RESOURCES IS FUNDAMENTAL AND, IN THE CONTEXT OF CONSTITUTIONAL DISCUSSION IS SIGNIFICANT IN DETERMINING THE NATURE OF THE CANADIAN CONFEDERATION.

THE POSITION OF THE GOVERNMENT OF NOVA SCOTIA WITH RESPECT TO OWNERSHIP OF AND CONTROL OVER THE MINERAL RESOURCES IN OFFSHORE WATERS IS WELL KNOWN. WE ARE CURRENTLY DISCUSSING

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THAT MATTER WITH THE FEDERAL GOVERNMENT AND I DO NOT PROPOSE TO MAKE FURTHER COMMENT ON IT AT THIS TIME.

ONE FURTHER QUESTION WHICH MUST BE RECOGNIZED AS AFFECTING BOTH THE FEDERAL GOVERNMENT AND THE PROVINCES IS THE DETERMINATION OF PROVINCIAL BOUNDARIES AND THE POSITION OF THE TERRITORIES.

WITH RESPECT TO THE NORTHERN TERRITORIES OF CANADA, NOVA SCOTIA SUBMITS THAT THEY ARE THE PROPERTY OF ALL CANADIANS AND THAT NO DISPOSITION OR ARRANGEMENTS AFFECTING THESE LANDS SHOULD BE MADE UNILATERALLY BY THE FEDERAL GOVERNMENT. WE CONSIDER THAT THE FEDERAL GOVERNMENT MUST SEEK AGREEMENT WITH THE PROVINCES IN RELATION TO THE LONG TERM DESTINIES OF THESE TERRITORIES.

MR. CHAIRMAN, MAY I COMMENT ON THE FURTHER MATTER OF THE REFORM OF THE SUPREME COURT OF CANADA. WE RESPECT AND SUPPORT THE CONCERN OF THE PROVINCE OF QUEBEC REGARDING THE POSITION OF THAT COURT ON MATTERS ARISING UNDER THE CIVIL CODE OF QUEBEC.

THE COURT WHICH DECIDES CONSTITUTIONAL QUESTIONS MUST HAVE THE CONFIDENCE OF ALL PARTIES WHO MIGHT BE AFFECTED BY THE DECISIONS, AND CERTAIN MEASURES OUGHT TO BE TAKEN TO DEVELOP THAT CONFIDENCE.

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I WILL NOT TAKE THE TIME NOW TO OUTLINE THE VIEWS OF THE GOVERNMENT OF NOVA SCOTIA ON OTHER ISSUES. AS THEY ARISE IN THE COURSE OF DISCUSSION, I HOPE THAT MY COLLEAGUES AND I WILL BE ABLE TO PARTICIPATE IN MAKING A CONTRIBUTION TO THE DEBATE.

OUR CONCERN AT THE MOMENT IS THAT WE REACH AGREEMENT ON THE PATRIATION OF THE CANADIAN CONSTITUTION AND THE AMENDING FORMULA. WE CONSIDER THESE TO BE PREREQUISITES TO ANY REAL PROGRESS IN THE PROCESS OF CONSTITUTIONAL REVIEW.