Document Information

Date: 1980-07-14 – 1980-07-18
By: CCMC, N.R.J. Gwyn
Citation: Continuing Committee of Ministers on the Constitution, Report of the Committee of Officials on the Preamble/Principles of a Constitution, Doc 830-82/013 (Toronto: 14-18 July 1980).
Other formats: Not yet available.

The Committee, established on July 9 by the CCMC, met on July 15 and 16, 1980. All governments were represented.

The Chairman, an official of the Government of Canada, referring to the opening statement on this item by the Hon. Jean Chretien at the CCMC’s plenary session on July 9, proposed that the meeting discuss what subjects or items should be covered in a preamble to a new Constitution. He stressed that the meeting would not be intended to do any drafting at this time or, indeed, to consider any drafts.

Representatives from some provinces indicated that they were prepared to proceed on this basis. Most provincial representatives, however, expressed the view that, in the absence of Ministerial direction, it would be premature to suggest subjects for possible inclusion in a Preamble until there was a clearer view of the likdy scope of constitutional change. Some of those representatives were of the view that no sustained work would be feasible in regard to the Premible until the changes to be made to the Constitution were virtually or fully agreed.

After discussion there was a general understanding that items might be listed for possible inclusion in a preamble or in a statement of aims for use in the event that either a preamble or statement were proceeded with.

On this basis, the following themes or subjects were suggested by representatives of one or more governments.

A – Framework or Organizing Themes

1. Statement of who we are as people

2. Statement of values we hold in common

3. Statement of institutions and rights we have, or would have, to express and protect these values.

B – Specific Subjects

1. The notion that the “people” are involved in the process, perhaps even a principal source of sovereignty, e. g. “we, the people of Canada … ”

“we, the diverse peoples of Canada . . . ”

(It was noted that this would be a significant departure from the preamble to the BNA Act.)

2. References to the origins of the people (Historical and possibly specific)

(There was also a view that there should be no precise historical references to origins, on the grounds that these inevitably invited recrimination and criticism.)

3. References to the descendants of the original peoples (or to the native peoples)

4. The idea of “nations” or “communities” (Opposition was also expressed to references to “nations”.)

5. Self-determination of provinces (There was also a recommendation that there be no such reference.)

6. Dualism in Canada (There was also an explicit recommendation that dualism not be referred to.)

7. Reference to the help or protection of the Almighty

8. Reference to the confidence with which we face the future

9. Reference to the diversity of Canada, of its people and of its cultures

10. Reference to the goals of harmony among Canadians, and of the unity of Canada

11. References to theme of conservation, to the careful stewardship of natural resources and to the development of human skills. (Strong concern was also voiced in regard to the nature of possible references to resources.)

12. References to the physical beauty, magnitude and diversity of Canada

13. References to the protection of the natural environment, in trust for future generations

14. Reference to the rule of law and to justice

15 . In regard to rights and freedoms: a) a specific reference to the Universal Declaration of Human Rights b) the dignity and worth of individuals c) freedoms, including free association and other basic civil, human and language rights d) non-discrimination and equality of sex, race, colour and creed e) if a Charter of Rights and Freedoms is entrenched in the Constitution, the references to rights should be brief or confined to a reference to the Charter itself; if there were no entrenchment, views ranged from the suggestion that the references should be more extensive to the recommendation that there be no references. (N.B. There was also a view that at this stage “freedom” should not be listed.)

16 . References to federalism, the federation and/ or the federal system – possibly extensive

17. Reference to constitutional monarchy

18. Reference to the Parliamentary system and institutions

19. Reference to democracy or democratic system or institutions (A caution was also expressed in regard to “democracy” as a misleading concept.)

20. References to sharing of wealth, riches and cultures (A caution was expressed with regard to the sharing of wealth and riches.)

21. References to equity- equalization – and the suggestion that such references could be brief if a provision in regard to equalization were included in the Constitution

22. Reference to the Canadian Economic Union, or Common Market, to economic co-operation or solidarity

23. Reference to Canada’s international role and responsibilities, e.g . in regard to peace and justice (There was also a view that there should be no such reference)

24. No reference, or implied and explicit references to Patriation of the Constitution.

25. Reference to French and English as official languages of Canada

26. Reference to provinces, to regions and to the Government of Canada

27. References to the similarity in principle of the Canadian and United Kingdom constitutions (cf. Preamble of the BNA Act)

In suggesting items for this list, it was understood that the participants were not assigning agreed weights or priorities to or among the items, or indeed agreeing to the inclusion of any particular item mentioned in an eventual preamble or statement of aims.

Some participants were opposed to ”inspirational” preambles and others were against lengthy preambles. Others favoured the idea of an inspirational preamble.

Concern was expressed by some representatives as to the use to which a preamble might be put by the courts.

At the request of some provincial representatives, copies of the federal draft statement of principles of June 10, 1980 and of the Preamble and Statement of Aims in Bill C-60 were made available. In addition, the Ontario representatives distributed a “staff discussion draft” of a Preamble, dated 1980.

N.R.J. Gwyn,
Chairman
NRJG/cd