Document Information

Date: 1981-10-16
By: Darwin Kealey
Citation: Memorandum from Darwin Kealey to Michael Kirby, Constitutional Update (16 October 1981).
Other formats: Click here to view the original document (PDF).

MEMORANDUM TO M. KIRBY
C.C. P.M. Pitfield

CONFIDENTIAL

October 16, 1981

Attached is a briefing update on the Constitution.

BRIEFING UPDATE
To 1445 hours, October 16

Quebec
Claude Morin spent part of the day yesterday meeting with journalists one-on-one. In the Parti Québécois’ liturgy, this signals an all-out mobilization.

His message is that Mr. Trudeau has offered no compromise and has not backed down from his unilateral action. However, he presents Mr. Lévesque as a man of compromise since he will attend the conference even if Mr. Trudeau has not fulfilled all the conditions outlined in the motion adopted by the Assemblée Nationale.

It is anticipated that this motion will remain the cornerstone of Quebec’s approach, both on Monday and during a federal-provincial meeting. Any proposal that even slightly affects Quebec’s powers will be unequivocally rejected.

Mr. Morin also stated that the provincial premiers would demand that the constitutional conference be televised. (However, on Monday, the provinces will meet behind closed doors.)

Manitoba
Three days into his electoral campaign, Premier Lyon has mentioned the constitution only when asked. Yesterday, in response to whether he was seeking a mandate for his position on the constitution, he said he had “no such intention… It’s not the provinces who are making it an issue. It is the Prime Minister.”

Premier Lyon has spoken to Premier Lougheed “several times” on the constitution, at least twice before announcing the election and again during the campaign. It appears Lougheed may “stand in” for Lyon on the Charter while Manitoba’s Premier remains muted by his party on the issue during the campaign. Lyon is expected to maintain a low profile at and after the Premiers’ meeting but will likely push strongly and publicly for prioritizing “the economy first,” a tactic he suggested to Bennett over a week ago.

Prince Edward Island
Information from Charlottetown does not suggest much hope for compromise from P.E.I.’s government, particularly if negotiations center on the Charter of Rights. P.E.I.’s opposition to an entrenched Charter is rooted in principle.

They believe an entrenched Charter is incompatible with parliamentary governance, a belief reinforced by recent controversy over provincial legislation. Two weeks ago, the Prince Edward Island human rights commission urged the government to withhold legislation it viewed as a threat to fundamental freedoms. This legislation, which amended the Addiction Services Act and the Mental Health Act, passed unopposed and received royal assent last spring.

An entrenched Charter of Rights would likely have prevented this type of legislation from being introduced, which is precisely the kind of restriction Premier MacLean opposes.

Nova Scotia
Premier Buchanan said today he would attend a First Ministers’ Conference but believes such talks should not be rushed without adequate planning. He will attend the Montreal meeting.

Newfoundland
Former Premier Smallwood rejected Premier Peckford’s call to oppose the constitutional package, saying he “thoroughly and wholeheartedly” supports the federal proposal. He added, “I see no danger whatsoever that our terms of union will ever be changed in practice without our willing consent.” Peckford responded, “I sincerely believe that you are letting your province and your country down.”

Peckford has focused on the amending formula and the “threat” it poses to Newfoundland’s rights. While he hasn’t mentioned the Charter, it is likely he still supports a limited Charter as he did in September 1980. However, Peckford remains firmly opposed to unilateral action, regardless of the package content.

Saskatchewan
Saskatchewan remains open to negotiating a limited package (patriation, an amendment formula, and possibly a limited Charter). However, Premier Blakeney emphasized in his October 15 press conference that there are fundamental requirements for Saskatchewan. His officials clarified today that he will not abandon the hard-liners unless purposeful bargaining occurs among all governments. The amendment formula remains crucial.

Recent discussions between B.C. and Saskatchewan officials appear aimed at assisting Premier Bennett in preparation for Monday’s meeting and at developing a compromise proposal.

Saskatchewan’s delegation expects the Premiers’ meeting to last two days and was surprised to learn that Quebec only reserved accommodations for one night.

Others
There is no new information regarding Alberta or British Columbia. Updates from Ontario are still awaited.

La rencontre de lundi
The Premiers will meet on Monday at the Ritz-Carlton Hotel. Some delegations have reserved rooms as if the meeting may extend into Tuesday, but Quebec has not. The meeting will be held behind closed doors.