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 4 (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 constitutional amendment.

– 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 employment rate was below the National average.

(b) A “notwithstanding” clause covering sections dealing with fundamental Freedoms, Legal Rights and Equality Rights. Each “notwithstanding” provision would require enactment not less frequently than once every five years.

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(c) We have agreed that the provisions of section 23 in respect of Minority Language Education Rights will apply to our provinces.

(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.

(5) A constitutional conference as provided for in clause 36 of the Resolution, including in its agenda an item respecting constitutional matters that directly affect the Aboriginal peoples of Canada, including the identification and definition of the rights of those peoples to be included in the Constitution of Canada, shall be provided for in the Resolution. The Prime Minister of Canada shall invite representatives of the Aboriginal peoples of Canada to participate in the discussion of that item.

Dated at Ottawa this 5th day of November, 1981

CANADA

…………………………
Pierre Elliott Trudeau
Prime Minister of Canada

ONTARIO

…………………………
William G. Davis, Premier

NOVA SCOTIA

…………………………
John M. Buchanan, Premier

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NEW BRUNSWICK

…………………………
Richard B. Hatfield, Premier

MANITOBA

…………………………
Sterling R. Lyon, Premier

BRITISH COLUMBIA

…………………………
William R. Bennett, Premier

PRINCE EDWARD ISLAND

…………………………
J. Angus MacLean, Premier

SASKATCHEWAN

…………………………
Allan E. Blakeney, Premier

ALBERTA

…………………………
Peter Lougheed, Premier

NEWFOUNDLAND

…………………………
Brian A. Peckford, Premier