Document Information
Date: 1981-11-05
By: Brian Peckford, Newfoundland
Citation: Federal-Provincial Conference of First Ministers on the Constitution, Constitutional Proposal Submitted by the Government of Newfoundland (Ottawa: 2-5 November 1981).
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Note: This document is discussed in an article that has been recently submitted to a peer-review journal.
CONSTITUTIONAL PROPOSAL
SUBMITTED BY THE
GOVERNMENT OF NEWFOUNDLAND
AT THE
FIRST MINISTERS CONFERENCE
OTTAWA
NOVEMBER 2-5, 1981
THE GOVERNMENT OF NEWFOUNDLAND, IN AN EFFORT TO REACH AN ACCEPTABLE CONSENSUS ON THE CONSTITUTIONAL ISSUE WHICH MEET THE CONCERNS OF THE FEDERAL GOVERNMENT AND A SUBSTANTIAL NUMBER OF PROVINCES, SUBMITS THE FOLLOWING PROPOSAL:
(1) PATRIATION
(2) AMENDING FORMULA
– ACCEPTANCE OF THE APRIL ACCORD AMENDING FORMULA WITH THE DELETION OF SECTION 3 WHICH PROVIDES FOR FISCAL COMPENSATION TO A PROVINCE WHICH OPTS OUT OF A CONSTITUTIONAL AMENDMENT.
– THIS CHANGE WOULD MEAN THAT A PROVINCE OPTING OUT WOULD HVAE TO BEAR THE FINANCIAL CONSEQUENCES OF ITS ACT.
(3) CHARTER OF RIGHTS & FREEDOMS
– THE ENTRENCHMENT OF THE FULL CHARTER OF RIGHTS AND FREEDOMS NOW BEFORE PARLIAMENT WITH THE FOLLOWING CHANGES
(A) WITH RESPECT TO MOBILITY RIGHTS THE INCLUSION OF THE RIGHT OF A PROVINCE TO UNDERTAKE AFFIRMATIVE ACTION PROGRAMS FOR SOCIALLY AND ECONOMICALLY
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DISADVANTAGED INDIVIDUALS AS LONG AS A PROVINCE’S UNEMPLOYMENT RATE WAS ABOVE THE NATIONAL AVERAGE.
(B) NON OBSTANTE CLAUSE COVERING SECTIONS DEALING WITH LEGAL RIGHTS AND EQUALITY RIGHTS. THIS WOULD MAKE IT POSSIBLE FOR PARLIAMENT OR A LEGISLATURE TO OVERRIDE THESE PROVISIONS OF THE CHARTER IN CERTAIN SPECIFIED CIRCUMSTANCES.
(C) WITH RESPECT TO MINORITY LANGUAGE EDUCATIONAL RIGHTS A PROCEDURE WOULD BE ADOPTED WHEREBY THE SECTION WOULD COME INTO FORCE IN ANY PROVINCE WHOSE LEGISLATURE ADOPTED THE PROPOSAL. IF WITHIN TWO YEARS A LEGISLATURE HAD NOT ADOPTED THE SECTION A BINDING REFERENDUM WOULD BE HELD IN THAT PROVINCE TO DETERMINE THE ISSUE. THE NEWFOUNDLAND GOVERNMENT WOULD INTRODUCE IN THE HOUSE OF ASSEMBLY THE NECESSARY RESOLUTION TO ADOPT THESE PROVISIONS OF THE CHARTER WITH RESPECT TO NEWFOUNDLAND.
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(4) THE PROVISIONS OF THE ACT NOW BEFORE PARLIAMENT RELATING TO EQUALIZATION AND REGIONAL DISPARITIES, THE RIGHTS OF THE ABORIGINAL PEOPLES, NON RENEWABLE NATURAL RESOURCES, FORESTRY RESOURCES AND ELECTRICAL ENERGY WOULD BE INCLUDED.