Document Information

Date: 1981-11-02
By: John M. Buchanan
Citation: First Ministers’ Conference on the Constitution, Notes for an address by the Hon. John M. Buchanan, Q.C., M.LA., Premier of Nova Scotia, Doc 800-15/010 (Ottawa: 2-5 November 1981).
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DOCUMENT: 800-15/010
FEDERAL-PROVINCIAL CONFERENCE
OF
FIRST MINISTERS ON THE CONSTITUTION
Notes for an address
by the Hon. John M. Buchanan, Q.C., M.L.A.
Premier of Nova Scotia
Ottawa
November 1981

AS DELIVERED
NOTES FOR AN ADDRESS BY THE HONOURABLE JOHN M. BUCHANAN,
Q.C., M.L.A, PREMIER OF NOVA SCOTIA, AT THE FIRST MINISTERS’
CONSTITUTIONAL CONFERENCE, NOVEMBER 2, 1981.

MR. PRIME MINISTER, MY FELLOW-FIRST MINISTERS:

WE ARE HERE TODAY TO DEAL IN THE CANADIAN WAY WITH
THIS DIFFICULT QUESTION RELATING TO THE CONSTITUTION. I
SINCERELY BELIEVE WE ALL WISH TO RESOLVE THIS ISSUE IN THE
CANADIAN WAY.
OUR DUTY HERE IS TO COME TO A POLITICAL AND
CONSTITUTIONAL ACCOMODATION THAT IS NOT ONLY MUTUALLY
SATISFACTORY TO EACH OF US AS THE ELECTED FIRST MINISTERS
OF CANADA, BUT WILL BE OF DIRECT AND CONTINUING UTILITY TO
THE PEOPLE OF CANADA.
SINCE SEPTEMBER OF LAST YEAR, I HAVE BEEN CALLING
FOR A RETURN TO THE CONFERENCE TABLE SO THAT WE MIGHT RESUME
CONTINUING DISCUSSIONS OF A CONSTRUCTIVE NATURE. I AM VERY
PLEASED THAT THIS OPPORTUNITY IS NOW BEFORE US.
NOVA SCOTIA IS ANXIOUS, OF COURSE, TO SEE THIS
MATTER RESOLVED SO THAT WE CAN GET ON WITH SOME OF THE
PRESSING ECONOMIC ISSUES, SUCH AS INTEREST RATES AND
INFLATION, WITH WHICH OUR PEOPLE ARE SO JUSTIFIABLY CONCERNED.
…2
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LAST YEAR, AND IN 1978, WE SAID THAT THE
CONSTITUTION MUST BE REPATRIATED WITH AN AGREEABLE AMENDING
FORMULA.
LAST APRIL 16TH, NOVA SCOTIA, ALONG WITH SEVEN
OTHER PROVINCES, SIGNED AN ACCORD CONTAINING AN AMENDING
FORMULA WHICH, IN OUR VIEW, IS THE MOST ACCEPTABLE FORMULA
TO THIS DATE.
WE HAVE THE OPPORTUNITY TODAY, FOR THE FIRST
TIME, MR. PRIME MINISTER, TO DISCUSS THAT ACCORD WITH
YOU. IT IS IMPORTANT TO NOTE THAT EIGHT GOVERNMENTS HAVE
AGREED TO PATRIATION AND TO AN AMENDING FORMULA.
IF, HOWEVER, THERE IS SOME OTHER FORMULA, SOME
VARIATION OR A NEW FORMULA, AGREEABLE TO A MAJORITY OF THE
ELEVEN GOVERNMENTS REPRESENTED HERE, THEN NOVA SCOTIA WILL
BE DISPOSED, IN A SPIRIT OF GOODWILL AND IN THE INTEREST OF
MOVING FORWARD, TO DISCUSS AND NEGOTIATE SUCH A FORMULA.
WHAT IS IMPORTANT IS TO GET THE CONSTITUTION HOME
WITH AN AMENDING FORMULA. WHEN THAT HAS BEEN ACHIEVED, THE
OTHER FUNDAMENTAL QUESTIONS SURROUNDING THE CONSTITUTION CAN
BE SETTLED WHERE THEY SHOULD BE– IN CANADA.
..3
-3-
THEREFORE, LET US BRING THE CONSTITUTION, WITH AN
AMENDING FORMULA, TO CANADA AND LET US THEN GET ON WITH THE
JOB OF DEALING WITH THOSE OTHER MATTERS RELATED TO IT–IN
CANADA. I HAVE SEVERAL TIMES URGED, AND DO SO NOW, THAT
UPON PATRIATION WITH AN AMENDING FORMULA, WE IMMEDIATELY
RETURN TO THE CONFERENCE TABLE AND MOVE FORWARD WITH THOSE
MATTERS THAT ARE PRIORITIES TO YOU, MR. PRIME MINISTER, AND
ALSO PRIORITIES TO THE PROVINCES.
THE SUPREME COURT OF CANADA HAS SAID THAT IT WOULD
BE UNCONSTITUTIONAL TO FORWARD AN ADDRESS TO HER MAJEST THE
QUEEN IF IT DID NOT ENJOY SUBSTANTIAL PROVINCIAL SUPPORT.
NOVA SCOTIA, AT PRESENT, BELIEVES THE ACCORD OF
LAST APRIL MEETS THOSE REQUIREMENTS SINCE EIGHT OF THE
ELEVEN GOVERNMENTS SUBSCRIBE TO THE ACCORD. IT IS LOGICAL,
THEREFORE, THAT THE CONCEPT OF THAT ACCORD AND THE PROCESS
SUGGESTED BY IT BE THE BASIS TO BEGIN OUR PRESENT NEGOTIATIONS.
THE POINT IS THAT WE HAVE AN OPPORTUNITY–HERE AND
NOW–TO AGREE TO BRING OUR CONSTITUTION TO CANADA WITH AN
AMENDING FORMULA.
WE CERTAINLY SHOULD NOT ALLOW THAT OPPORTUNITY TO
PASS.
…4
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WE HAVE A LONG COMMON HISTORY, IN WHICH WE HAVE
CLEARLY SHOWN TO THE WORLD AND TO OURSELVES OUR PARTICULAR
GENIUS IN THE FIELD OF POLITICS AND CONSTITUTIONALISM. THE
RELATIONSHIP OF THE CROWN TO PARLIAMENT, THE EXISTENCE OF
THE CABINET SYSTEM AND THE OFFICES OF FIRST MINISTER ARE
THE PRODUCT OF OUR GENIUS FOR IMPROVISATION AND OUR
PRACTICAL COMMON SENSE ACCEPTANCE OF CONSTRUCTIVE
CONVENTIONS THAT ARE FIRMLY PART OF THE FABRIC OF OUR
CONSTITUTION. INDEED, MR. PRIME MINISTER AND MY COLLEAGUES,
YOU WILL RECALL THAT THE LEARNED JUSTICES OF THE SUPREME
COURT, IN THEIR RECENT DECISIONS, SAID–AND I QUOTE–
“…WHILE THEY ARE NOT LAWS, SOME
CONVENTIONS MAY BE MORE IMPORTANT THAN
SOME LAWS…TO VIOLATE A CONVENTION
IS TO DO SOMETHING WHICH IS
CONSTITUTIONAL…” UNQUOTE
THEREFORE, MR. PRIME MINISTER, FEDERALISM, AS THE
SUPREME COURT HAS SO RECENTLY REMINDED US, IS THE HEART OF
OUR NATION. AND SOLUTIONS TO OUR PROBLEMS THAT ARE ARRIVED
AT IN A FEDERAL WAY ARE SOLUTIONS ARRIVED AT IN A CANADIAN
WAY.
…5
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IF EACH OF US ACCEPTS IN FACT THE IMPORTANCE OF
FEDERALISM– AND IF WE RECOGNIZE AND ACCEPT THE DIFFERENCES IN
THIS COUNTRY THAT FEDERALISM SERVES– THEN WE CAN MOVE
TOGETHER TO BUILD THIS NATION WITH THE STRENGTH AND INTERGRITY
THAT CANADIAN PEOPLE DESERVE.
NOVA SCOTIANS HAVE CONTRIBUTED RICHLY, AS WE STILL
DO, TO THE FRABRIC AND THE REALITY OF A UNITED CANADA. WE
HOLD FIRMLY TO A KNOWLEDGE AN UNDERSTANDING OF OUR NOVA
SCOTIAN AND CANADIAN ORIGINS. NOVA SCOTIANS ARE DEDICATED
CANADIANS AND THEY ARE WILLING TO MODERATE THEIR WISHES
IN ACCORDANCE WITH THE VIEWS EXPRESSED BY A MAJORITY OF
GOVERNMENTS OF CANADA IN DECIDING UPON THE FUTURE FORM AND
SUBSTANCE OF OUR RENEWED AND REVISED CANADIAN FEDERAL
CONSTITUTIONAL PROCESS.
THE PRESENT GOVERNMENT OF NOVA SCOTIA AND
PREDECESSOR GOVERNMENTS–REGARDLESS OF POLITICAL AFFILIATION–
HAVE TIME AND AGAIN INDICATED, ON BEHALF OF THE NOVA SCOTIAN
PEOPLE, A WILLINGNESS TO ACHIEVE THROUGH COMPROMISE THE
BEST FORM OF CONSTITUTIONAL ARRANGEMENTS AGREED TO BY THE
MAJORITY OF GOVERNMENTS IN THIS COUNTRY. THIS HAS BEEN
OUR POSITION SINCE CONFEDERATION, IT REMAINS OUR POSITION
TODAY AND WE MOST RECENTLY EXEMPLIFIED BY THE RESOLUTION
APPROVED BY THE HOUSE OF ASSEMBLY OF NOVA SCOTIA IN THE
SPRING OF 1981.
…6
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BE IT RESOLVED THAT THE LEGISLATIVE ASSEMBLY
OF NOVA SCOTIA AFFIRMS THE FOLLOWING:
(1) THAT THE CANADIAN CONSTITUTION BE
PATRIATED TO CANADA WITH AN AMENDING
FORMULA ON WHICH A MAJORITY OF THE ELEVEN
GOVERNMENTS OF CANADA HAVE AGREED; AND
(2) THAT ANY FURTHER AMENDMENTS TO THE CANADIAN
CONSTITUTION SHOULD BE MADE BY CANADIANS IN
CANADA.”
IT IS INTERESTING TO NOTE THAT THIS RESOLUTION
WAS APPROVED BY OUR LEGISLATURE FOUR MONTHS BEFORE THE
SUPREME COURT DECISION AND, WE HOPE, MAY HAVE BEEN AN
ASSISTANCE TO THE JUSTICES IN THEIR DECISION.
WE IN NOVA SCOTIA, MR. PRIME MINISTER, HAVE NOT
BEEN WANTING IN EFFORTS TO ACHIEVE AN AMENDING FORMULA THAT
WILL BE SATISFACTORY AND FAIR TO ALL CANADIANS. AND I
WOULD REMIND YOU THAT THIS SAME SPIRIT OF WILLINGNESS AND
GOODWILL HAS BEEN EXPRESSED BY NOVA SCOTIA IN THE CURRENT ROUND
OF DISCUSSIONS AMONG THE PROVINCES AND BETWEEN THE GOVERNMENT
OF CANADA AND THE PROVINCES. WE BELIEVE THAT AT THE HEART
OF THE PRESENT SITUATION IS THE NECESSITY FOR A CLEAR AND
…7
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UNEQUIVOCAL UNDERSTANDING THAT ANY CONSTITUTIONAL ARRANGEMENTS
MADE BY WAY OF CHANGE MOST POSSESS THE UNQUALIFIED AND
WHOLE-HEARTED SUPPORT OF THE MAJORITY OF GOVERNMENTS IN
THIS COUNTRY. THERE MUST BE THAT KIND OF AGREEMENT, AS
STATED BY THE SUPREME COURT, OR THERE WILL BE A LEGACY OF
RANCOUR AND BITTERNESS THAT WILL MAR THE HISTORY OF THIS
GREAT LAND AND PREJUDICE THE FUTURE EXPECTATIONS OF CANADIANS.
AT THIS SEASON OF REMEMBRANCE, IT IS APPROPRIATE
TO RECALL THAT NOVA SCOTIANS IN TWO WORLD WARS, IN THE
KOREAN CONFLICT, AND IN UNITED NATIONS PEACEKEEPING MISSIONS
IN MANY LANDS, HAVE FOUGHT AND DIED AS CANADIANS. THIS
COMMITMENT AND SACRIFICE THEY SHARED WITH ALL OTHER CANADIANS
IN THE TRAUMA THAT HAS GIVEN SO MUCH TO OUR NATIONAL
IDENTITY. WE ARE PROUD OF OUR COUNTRY’S PAST, CONCERNED
ABOUT ITS PRESENT, AND WE ARE HOPEFUL FOR ITS FUTURE.
WE HAVE STRUGGLED TO PRESERVE THE VIRTURES OF
CIVILIZATION–WHICH SURELY ARE THE VIRTUES OF CANADA:
COMPASSION, CONCERN, TOLERATION, HONESTY, EQUITY AND RESPECT
FOR JUSTICE.
…8
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ARE WE TO STAND ACCUSED BY FUTURE GENERATIONS OF
CANADIANS OF BEING LESS CONCERNED FOR THE SPIRIT OF OUR LAW
THAN WE ARE FOR ITS LETTER? SHOULD WE NOT BE MOVING
POSITIVELY TOWARDS A SOLUTION– A SOLUTION THAT SHOULD BE
ARRIVED AT IN THE SAME SPIRIT AS WAS THE CANADIAN CONFEDERATION
ITSELF, BY AGREEMENT AMONGST CANADIANS– A CANADIAN SOLUTION
ACHIEVED IN A CANADIAN WAY?
THE COUNTRY LOOKS TO US TO RESOLVE THIS MATTER SO
THAT WE CAN GO TO THE UNITED KINGDOM PARLIAMENT WITH A
PACKAGE THAT IS SUPPORTED BY THE MAJORITY OF GOVERNMENTS OF
THIS COUNTRY. THERE IS A GREAT OPPORTUNITY FOR US TO
CONCLUDE THIS MATTER AND WE, AS NOVA SCOTIANS AND AS
CANADIANS, ARE PREPARED TO SEIZE THIS OPPORTUNITY IN A SPIRIT
OF CO-OPERATION AND GOODWILL.