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 3 with Notes (Ottawa: 2-5 November 1981).
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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 provincial governments, the undersigned governments have agreed to the following:

(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 and 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 disadvantaged individuals as long as a province’s ^{[level of [illegible]]} employment rate was below the National average.

(b) A non obstante ^{[not withstanding]} clause covering sections dealing with Fundamental Freedoms, Legal Rights and Equality Rights. Each non obstante provision would require reenactment not less frequently than once every five years.