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Identical telegram sent to Attorneys General Of
all the Provinces.

OTTAWA, September 9, 1960.

THE HONOURABLE A KELSO ROBERTS
ATTORNEY GENERAL OF ONTARIO
DEPARTMENT OF THE ATTORNEY GENERAL
TORONTO ONTARIO

I REFER TO THE SUGGESTION OF THE PRIME MINISTER OF CANADA
AT THE RECENT DOMINION PROVINCIAL CONFERENCE THAT IF THE
REPRESENTATIVES OF THE PROVINCES WERE WILLING THE
FEDERAL GOVERNMENT WOULD CONVENE A CONFERENCE IN OTTAWA,
POSSIBLY FIRST OF ATTORNEYS GENERAL, WITH A VIEW TO
ARRIVING AT A BASIS FOR THE AMENDMENT OF OUR CONSTITUTION
IN CANADA STOP THE DOMINION GOVERNMENT IS PREPARED TO
CONVENE A CONFERENCE OF THE ATTORNEYS GENERAL OF THE
PROVINCES AND THE ATTORNEY GENERAL OF CANADA IN OTTAWA
IN LATE SEPTEMBER OR EARLY OCTOBER TO ADVANCE THIS
PROPOSAL STOP I WOULD ACCORDINGLY APPRECIATE YOUR ADVICE
AS TO WHETHER YOU WOULD BE WILLING TO ATTEND AND IF SO THE
DATE OR DATES BETWEEN SEPTEMBER TWENTY SIXTH AND OCTOBER
EIGHTH NEXT THAT WOULD BEST MEET YOUR CONVENIENCE FOR A
CONFERENCE IN OTTAWA TO CONSIDER A METHOD OF ENSURING THAT
ALL AMENDMENTS TO THE CANADIAN CONSTITUTION MAY BE MADE
WITHIN CANADA STOP WHEN I HAVE HEARD FROM ATTORNEY
GENERAL OF EACH PROVINCE I SHALL WRITE YOU SUGGESTING
A TIME WHICH SEEMS MOST GENERALLY ACCEPTABLE AND ALSO
REGARDING THE CONFERENCE GENERALLY

E D FULTON
ATTORNEY GENERAL OF CANADA

Identical letters were sent to Attorneys General of
all the Provinces.

Ottawa, September 19, 1960.

The Honourable A. Kelso Roberts, Q.C.,
Attorney General of Ontario,
Parliament Buildings,
Toronto, Ontario.

Dear Mr. Roberts:

Earlier this month I sent to you and to the
Attorneys General of all the provinces, a telegram in
the following terms:

“I REFER TO THE SUGGESTION OF THE PRIME MINISTER OF
CANADA AT THE RECENT DOMINION PROVINCIAL CONFERENCE
THAT IF THE REPRESENTATIVES OF THE PROVINCES WERE
WILLING THE FEDERAL GOVERNMENT WOULD CONVENE A
CONFERENCE IN OTTAWA, POSSIBLY FIRST OF ATORNEYS
GENERAL, WITH A VIEW TO ARRIVING AT A BASIS FOR THE
AMENDMENT OF OUR CONSTITUTION IN CANADA STOP THE
DOMINION GOVERNMENT IS PREPARED TO CONVENE A
CONFERENCE OF THE ATTORNEYS GENERAL OF THE PROVINCES
AND THE ATTORNEY GENERAL OF CANADA IN OTTAWA IN LATE
SEPTEMBER OR EARLY OCTOBER TO ADVANCE THIS PROPOSAL
STOP I WOULD ACCORDINGLY APPRECIATE YOUR ADVICE AS
TO WHETHER YOU WOULD BE WILLING TO ATTEND AND IF SO
THE DATE OR DATES BETWEEN SEPTEMBER TWENTY SIXTH AND
OCTOBER EIGHTH NEXT THAT WOULD BEST MEET YOUR
CONVENIENCE FOR A CONFERENCE IN OTTAWA TO CONSIDER
A METHOD OF ENSURING THAT ALL AMENDMENTS TO THE
CANADIAN CONSTITUTION MAY BE MADE WITHIN CANADA STOP
WHEN I HAVE HEARD FROM ATTORNEY GENERAL OF EACH
PROVINCE I SHAIL WRITE YOU SUGGESTING A TIME WHICH
SEEMS MOST GENERALLY ACCEPTABLE AND ALSO REGARDING
THE CONFERENCE GENERALLY.”

The replies that I have received do not
suggest uniform dates, bt the period that appears to
be most generally acceptable is the latter part of
the first week in October. While I regret that this
may not suit your convenience exactly, I am taking
the liberty of arranging for the conference to be
held in Ottawa on October 6 and 7 next. I should
be most pleased if you would attend, along with such
of your officials as you would care to bring with you.

I am sure that it would be most helpful to
the conference if specific proposals were brought
forward by the various participants. Without in any
way intending to limit the scope of the discussions,
the Federal Government would propose, as a basis for
discussion, that the problem of constitutional amend-
ment be dealt with in two stages.

First, the British North America Act might
be amended by the United Kingdom Parliament at the
request of the Government of Canada with the concurrence
of all the Provinces, to provide that the Parliament of

2…

-2-

Canada may, with the concurrence of the Legislatures of
all the Provinces, make any change in the Constitution
of Canada. Once such an amendment has been adopted, the
necessity of seeking amendments from the United Kingdom
Parliament will have been removed, but without in any
way prejudicing the position of the Provinces, or in any
way limiting the powers or methods of amendment presently
existing.

As a second step, the Parliament of Canada
under the power so conferred could, with the concurrence
of the Legislatures of all the Provinces, enact a
comprehensive amending formula when the Government of
Canada and the Governments of the Provinces can agree
upon one.

Since it does seem important, and to us
possible, to arrive at a method of ensuring that what-
ever amendments are desired can be made in Canada,
without becoming involved in the more difficult
field of an amending formula, it does seem to me
that this conference should confine itself to
the consideration of the first stage indicated above.
Accordingly, the purpose of the conference should,
I suggest, be to consider a method of domiciling the
Canadian Constitution in Canada.

Yours sincerely,

Similar letter sent to Deputy Attorney General of
each Province.

EAD:AS

OTTAWA 4, September 29, 1960.

187574

Dear Mr. Common:

The Honourable Mr. Roberts has, no
doubt, informed you that a Constitutional
Conference of Attorneys General and their
officials will be held in Ottawa on October 6
and 7 next.

The meetings will be held in Room
3408 in the Centre Block, and will commence at
ten o’clock on Thursday morning. The Minister
of Justice proposes that the meetings be held in
camera, but that there might be a press photo-
graph at the commencement of the Conference and
an agreed press release at the conclusion.

A room in the Centre Block will be
made available to your province for use during
the Conference.

Yours truly,

“E.A. Driedger”

Deputy Attorney General
of Canada.

W.B. Common, Esq., Q.C.,
Deputy Attorney General,
Department of the Attorney General,
TORONTO, Ontario .