Continuing Committee of Ministers on the Constitution, Report on the Preamble/Principles of a Constitution (24 July 1980)


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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 830-83/011 (Vancouver: 22-24 July 1980).
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On July 23, the CCMC discussed the Report of the Committee of Officials (CICS document 830-82/013, dated July 16).

Several delegations suggested a preamble which was inspirational in character. Concern was expressed by some delegations about the possibility that a preamble to the Constitution might be used by the courts to interpret other parts of the Constitution. It was also noted that the preamble might not be used by the courts to interpret other parts of the Constitution unless the meaning of those parts was unclear. It was decided that this matter be reviewed at the next meeting of the CCMC at the end of August.

Ministers then had an exchange of views on 22 of the 27 items listed in the Officials Committee Report (items 1-19 inclusive, and 25-27). A few of these items received very little support, while several others were regarded by most delegations as being suitable subjects for inclusion in a preamble. No decisions were reached on the inclusion or exclu si on of any particular item.

In the course of discussions, many important matters were touched upon. These included, among other things, reference to Canada as a constitutional monarchy, reference to Quebec as a distinct society and mainstay of French Canada, reference to Quebec’s commitment to federalism to which it freely adhered, and consideration of the need to find a suitable means of expressing Canadian duality, especially linguistic duality.

Ministers decided to reflect on the exchange of views and to take into account the various considerations that had been voiced . They further decided to return to the subject during the next meeting of the CCMC at the end of August . It was anticipated that by that time some delegations might have new drafts of a preamble or statement of principles to present to the Conference. At that stage the Committee of Officials would meet again for preliminary discussion of any new drafts that might be available .

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