Document Information

Date: 1981-11-05
By: Various First Ministers [?]
Citation: Federal-Provincial Conference of First Ministers on the Constitution, [Draft of November Accord], Version 1, Copy 2 (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.

November 5, 1981

In an effort to reach an acceptable consensus on the constitutional issue which meets the concerns of the Federal Government and a substantial number of Provinces, we submit 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 have to bear the financial consequences of its act.

– The Delegation of Legislative Authority from the April Accord is deleted.

(3) Charter of Rights & Freedoms

– The entrenchment of the full Charter of Rights and Freedoms now before Parliament with the following changes:

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(a) With respect to Mobility Rights the inclusion of the right of a province to undertake affirmative action programs for socially and economically disadvantaged individuals as long as a province’s unemployment rate was above the National average.

(b) Non obstante clause covering sections dealing with Fundamental Freedoms, 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) We have agreed that the provisions of Section 23 in respect of Minority Language Education Rights will apply to our Provinces. Any Province not agreeing to be bound by this Section continues to have the right to accept the application of the Section to their Province at any future time.

(4) The provisions of the Act now before Parliament relating to Equalization and Regional Disparities, and Non Renewable Natural Resources, Forestry Resources and Electrical Energy would be included.