Document Information

Date: 1981-10-14
By: Darwin Kealey
Citation: Memorandum from Darwin Kealey to Michael Kirby, Constitutional Update (14 October 1981).
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CONFIDENTIAL

October 14, 1981

MEMORANDUM FOR M. KIRBY
C.C. Mr. Pitfield

Constitutional Update

Attached is a briefing update following today’s conference call among the eight opposing Premiers.

Darwin Kealey

BRIEFING UPDATE
to 1600 hours, October 14

We have learned, through contacts in the Saskatchewan government, that a degree of guarded optimism characterized the conference call of today among the eight opposing provinces. The eight Premiers have interpreted the Prime Minister’s conciliatory comments to Premier Bennett concerning the Charter to mean that unilateral action might be forestalled, provided that a consensus as to an acceptable package can be reached among the eleven governments.

The Monday meeting is considered by Saskatchewan to be crucial as it will determine whether or not the hard-core opponents (Quebec and Alberta) can be persuaded to participate in negotiations. The attendance of Premier Hatfield at the meeting remains in question, although there is a feeling that Premier Davis will manage to convince him to attend.

It would appear that the minimum offer acceptable, at least to the hard-core opponents, would comprise a modified plan for a Charter (an opting-out provision or, preferably, a Charter limited to fundamental and democratic rights) and parity concerning the referendum provision in the amendment formula. While there is a general inclination to attend a Conference of First Ministers, some Premiers consider that the date of October 20 would be too early (although no alternate has been mentioned). This is not a firm view, however.

Liaison/Dore/mk