Memorandum from R.G. Robertson [“Constitutional guarantees” in patriation of the constitution] to Mr. Carter (17 July 1975)


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Date: 1975-07-17
By: R.G. Robertson
Citation: Memorandum from R.G. Robertson to Mr. Carter (17 July 1975).
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CONFIDENTIAL

Mr.Gravelle
Mr.Hurley
Mrs. Reed

July 17th, 1975.

MEMORANDUM FOR MR. CARTER:

“Constitutional guarantees” in patriation
of the constitution


I am attaching hereto a copy of a memorandum that I have prepared to send to the Prime Minister tomorrow if we in this office find ourselves in agreement on it or on any revisions that it may seem desirable to make. I am very anxious to get something to him before the weekend if at all possible.

As you will see, I have in Appendix 1 taken into account the results of our meeting of ten days or so ago, plus a number of suggestions that were made by Fred Gibson on reference from Barbara Reed. I think the result is a text that is pretty good as it now stands.

In Appendices 2 and 3, I have tried to reduce somewhat the four “options” that were set out in Jim Hurley’s memorandum of July 16th. I have also added the option that you suggested this morning which would be based on deletion of the final words of Artcle 4 and substitution of an “opting-in” provision about provincial statutes. I must say that I find this a very interesting option.

Would you please look over the memorandum together with the appendices and let me know whether there are any changes that you think are important before I send the memorandum to the Prime Minister. If you feel that we should have a meeting before the memorandum goes, please let me know, but I would prefer to avoid it if at all possible since I would think a meeting would mean delaying the transmission of something until next week.

F.G.R.

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