Document Information

Date: 1965-02-16
By: F.R. Scott
Citation: Letter from F.R. Scott to Mr. A.E. Blakeney (16 February 1965).
Other formats: Click here to view the original document (PDF).

Faculty of Law
3644 Peel Street,
Montreal, Quebec.

February 16, 1965.

Mr. A.E. Blakeney,
The Legislative Assembly,
Province of Saskatchewan,
Regina, Sask

Dear Al,

I have your letter asking about the Fulton-
Favreau Formula. In my opinion it is no better than
the original Fulton Formula, and everything that your
Government said at that time is valid today. Doubtless
you have the document that Bob Walker issued at the end
of the Fulton meetings.

The only changes of importance are that the
present Section 91-1 is to be repealed and replaced by
Section 6 of the new formula. This reduces the authority
of the Parliament of Canada to amend the Federal Constitu-
tion, and thus is not so generous to Ottawa as the previous
formula was. Moreover Section 6 contains a number of
particular subtractions from the Federal amending power
which are expressed in very indefinite language and would
give rise to great uncertainty if any specific changes
were proposed.

The only change in the part dealing with delega-
tion occurs in 94 A (2) (b). This complicated section
appears to mean that delegation from only one province to
Ottawa is conceivable. It is still remains true that only
a limited number of provincial powers can be delegated,
whereas there is no federal power whatever that may not be
decentralised. With powerful provinces ganging up against
Ottawa, and a weak government there, we have no guarantee
that the country might not be steadily reduced to a series
of independent states rather like Central America. The
ultimate fate of such a country is readily understood.

It is encouraging to see how you are maintaining
your fight in Saskatchewan. These dark days will pass, I am
sure. I trust Woodrow Lloyd is recovering please give him
my regards.

Yours sincerely,

F.R. Scott.