Document Information
Date: 1981-01-30
By: Michael Kirby
Citation: Memorandum from Michael Kirby to Prime Minister Trudeau, Negotiations with Mr. Broadbent (30 January 1981).
Other formats: Click here to view the original document (PDF).
cc: Mr. Pitfield
Mr. Coutts
Mr. Axworthy
Mr. Chrétien
Mr. Tassé
Mr. Gibson
Mr. Goldenberg
J. Fairbairn
S E C R E T
January 30, 1981
MEMORANDUM FOR THE PRIME MINISTER
Negotiations with Mr. Broadbent
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The Senate
Mr. Broadbent reaffirmed to me the commitment he had given to you that his party will not oppose an amendment to the constitutional Resolution which would drop section 44. I asked him to give me that commitment in writing and he was offended by the implication that his word was not good enough. I told him that on the basis of our experience last weekend we were naturally uneasy about verbal commitments but that if he refused to give me a written commitment then he should at least speak to you about this in the House.
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Native Rights
Discussions continue among officials of the Department of Justice and the NDP with regard to the exact wording of a native rights amendment. The only outstanding issue is how native rights, once entrenched, can be amended. We do not want to include an amendment which would result in native rights in the north requiring the approval of provincial governments before they can be changed. Yet if native rights are in the Charter this would be the case because, under section 50, the Charter can only be changed through the amending procedure in section 41 and 42. The section 43 amending procedure can not be used to amend anything in the Charter. Roger Tassé is optimistic that we will be able to find a way around this problem later today or tomorrow.
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Mr. Broadbent will be discussing whatever final wording we arrive at with his caucus on Monday afternoon. Roger will speak to you and Mr. Pitfield before we finalize the wording.
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The Resources Amendment
Mr. Broadbent refused to get involved in trading off the proposed change in the resources amendment for the native rights amendment. However, he is sympathetic to our concern and agreed to raise the matter with his caucus on Monday. He said that if the proposed change does not pose a problem with his caucus, then he will agree to the change. However, if it creates problems within the caucus because it will be retreating from the public position which you and he have taken, then he will not agree to the change.
I told him that I had no authority to agree to a natives amendment unless the resources change was also made. However, my recommendation would be that if we can firmly hold his British Columbia caucus and part of his Saskatchewan caucus with the proposed natives amendment then we should accept this trade off even if no change is made in the resources amendment.
Miscellaneous Points
- Roy Romanow has asked to speak to Mr. Broadbent’s caucus on Monday morning to explain why no agreement was reached with Saskatchewan. It would be fascinating to find out how Romanow explains the breakdown in negotiations.
- Broadbent spoke yesterday to Michael Foot, Leader of the British Labour Party. Broadbent confirmed that Foot was on side and said “Foot will take whatever position we (the federal NDP) recommend.”
- Once final wording of the proposed natives amendment has been agreed upon, Mr. Chretien will speak to the leaders of the three native groups to seek their public support for the Resolution if that amendment is made. Mr. Broadbent would like the NDP to introduce the amendment in Committee. I told him that it was unlikely that we would agree to this because, like them, we would want to get the “political credit” for the amendment.
Michael J.L. Kirby