Federal-Provincial Conference of First Ministers on the Constitution, Implementation Process (2-5 November 1981)
By: Secretariat of the Conference
Citation: First Ministers’ Conference on the Constitution, Implementation Process, Doc 800-15/019 (Ottawa: 2-5 November 1981).
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FIRST MINISTERS ON THE CONSTITUTION
November 4, 1981
1. In the event that agreement among First Ministers in favour of the Charter Referendum Proposal is reached at the FMC, the federal government will endeavour to obtain unanimous agreement in the House of Commons and Senate to amendments to the Resolution to provide authority to implement the Proposal.
2. In the event that the unanimous agreement referred to in paragraph 1. is not would be invited to obtained, the House of Commons and Senate approve the Resolution without change under the Special Orders providing for two day debates. On approval, the Resolution would be sent to Westminster.
3. At the earliest feasible time after the Resolution is sent to Westminster and prior to proclamation, a new resolution to provide authority to implement the Charter Referendum Proposal by way of constitutional amendment would be introduced in Parliament. Provinces would have a period of six months to adopt equivalent resolutions to the new resolution. If new resolutions were adopted in Parliament and all legislatures in that period the Resolution would be proclaimed and the Proposal would be given effect under Section 37 of the Resolution (the unanimity amending formula). If new resolutions were not adopted in Parliament and all legislatures in that period, the Resolution would be proclaimed without modification.
4. Under no circumstances would the Resolution be proclaimed during the six month period unless new resolutions had been adopted by Parliament and all legislatures.