Document Information

Date: 1981-05 (After May 7, response to McMurtry letter of May 7, 1981)
By: Jean Chrétien, Government of Canada
Citation: Letter from R. Roy McMurtry to Jean Chrétien [re Aboriginal and Treaty Rights] (7 May 1981).
Other formats: Click here to view the original document (PDF).

Minister of Justice and
Attorney General of Canada

The Honourable Roy McMurtry
Attorney General of Ontario
18 King Street East
Toronto, Ontario
M5C 1C5

Dear Mr. McMurtry:

Thank you for your letter of May 7, 1981, in which you raise concerns about provisions in the revised Constitution Act 1981 concerning aboriginal and treaty rights.

In view of the all-party agreement respecting the future progress of this matter in Parliament, I see little likelihood of further amendments to these provisions.

I have noted your view that as a consequence of section 34(1) (formerly Subsection 33(1) of the proposed Constitution Act, 1981) aboriginal and treaty rights may enjoy “absolute immunity from the law.” As the Constitutional Resolution is presently under review by the Supreme Court of Canada, it would premature for me to attempt to respond in detail
to the particular issues you raise.

I have, however, asked my officers to review your letter on this subject, and to ensure that your concerns are included in the work that is proceeding with respect to the Constitutional resolution. I expect that I will be in touch with you  further on this matter at a later date.

Yours sincerely,

Jean Chretien

Ian Binnie.cc
c.c. The Honourable John C. Munro