Document Information

Date: 1980-07-28
By: Canada (Department of Justice), FPRO
Citation: Discussion Paper: Progress Report on the Three Weeks of Constitutional Negotiation in Montreal, Toronto and Vancouver (28 July 1980).
Other formats: Click here to view the original document (PDF).

S E C R E T

July 28, 1980

Discussion Paper

Progress Report on the Three Weeks of Constitutional Negotiation In Montreal, Toronto and Vancouver

Note:

This paper has been prepared by officials involved in the constitutional. negotiations, under the direction of FPRO and the Department of Justice.

Introduction

This memorandum is designed to provide Ministers with a review and assessment of the first phase of intensive constitutional discussion which was completed last week in Vancouver. While it is primarily an informational document, it does request some broad policy direction from Cabinet (see Part III, pp. 30-40).

The memorandum is divided into three main sections:

– An overview and general assessment of the constitutional talks to date

– A status report on each of the twelve items of negotiation

– A concluding section on strategic issues which indicates further work to be completed in August in preparation for the August 26-29 CCMC meeting and the September 8-12 , First Ministers Conference, and which seeks some general policy guidance.

A summary timetable of relevant events appears below:

May 20            Quebec referendum

May 21-24      Minister of Justice’s meetings in provincial capitals (except Quebec City).

June 9              First Ministers Conference, 24 Sussex Drive.

June 17           Meeting of the Continuing Committee of Ministers Responsible for the Constitution (CCMC) in Ottawa.

June 8-11        Week 1 – constitutional negotiations begin in Montreal.

[Page 2]

July 15-18       Week 2 – Constitutional talks continue in Toronto

July 22-24       Week 3 – First phase of intensive constitutional discussion concludes in Vancouver.

July 24-25       Prime Minister Trudeau meets Premier Lougheed in Ottawa about oil pricing. Talks break down

July 28-

August 25       Interim period prior to final CCMC meeting during which committees of officials will continue to meet.

August 14-15  Quebec National Assembly discussion of constitutional reform

August 21-22  Annual Premiers’ Conference to be held in Winnipeg

August 26-29  Final CCMC meetings in this round of talks. To be held in Ottawa. Possible extension into week of September 2.

September 8-12           First Ministers Conference to be held in Ottawa

At the June 9 First Ministers meeting twelve items were identified for the intensive constitutional discussion, and it was agreed that the federal and provincial Ministers responsible for the Constitution would report back to the September First Ministers conference on progress made during the summer on each of the twelve items. The items are:

1. Charter of Rights
2. Patriation and Amending Formula
3. Principles/Preamble to the New Constitution
4. Equalization
5. Supreme Court
6. Family Law
7. Fisheries
8. Resources
9. Offshore Resources
10. Powers over the Economy
11. Communications
12. Senate/Second Chamber

[Page 40]

S E C R E T

Next Steps

In order to make the necessary preparations for unilateral federal action, should negotiations break down, it is important to  have a sense of what kind of package the Government of Canada might be willing to contemplate taking unilateral action on. Clearly, the precise composition of the package would need to be reviewed in September after the First Ministers Conference when the situation is clearer.

When Cabinet has decided on the package that is to be implemented, officials will undertake the drafting of the instruments to be laid before Parliament. (Work is already underway on the instruments needed for the People’s Package.) At the same time we will analyze the process that must be followed in the House and develop a parliamentary strategy for presentation to Ministers in late August.

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