Document Information

Date: 1980-12-18
By: Unknown [Department of Justice?]
Citation: Memorandum, Proposed Resolution: Matters Outstanding (18 December 1980).
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Note: This document is discussed in an article that has been recently submitted to a peer-review journal.

SECRET

December 18, 1980

PROPOSED RESOLUTION: MATTERS OUTSTANDING

1. Section 1 – Limitation Chance

Wording of clause in terms of impact on emergency measures to be discussed with Robertson (Gibson).

2. Sections 11 and 13 – Protection Against Self Crimination

Inclusion to be cleared with Prime Minister.

Memorandum sent to Kirby December 17.

3. Section 24 – Native Rights

Inclusion of possible reference to “historic, treaty and other rights” to be floated informally with Indian leaders. Letter sent to Tellier December 17.

4. Section 31 – Equalization

Kirby to speak to Hatfield re wording after Blakeney appears before Committee. Prefer to go with Manitoba / Saskatchewan draft but may adopt Quebec draft if pressed.

5. Sections 40/46 – Referenda Rules Commissions

Require clarification of time period within which Parliament can modify or let stand rules proposed by Commission. Memorandum sent to Kirby December 18.

6. Sections 52/53 – Resources Jurisdiction

Lalonde to talk to Broadbent in early January re wording of draft. Strayer has prepared memorandum on points for discussion.

7. Modifications to Legal Rights, etc. – Ontario

Kirby to arrange for meeting with Davis in early January to apprise Minister of proposed changes that will concern Ontario.

[Page 2]

8. Technical Amendments

There are none that have to be cleared with Prime Minister.

9. Issues Before Cabinet

(a) Non-Discrimination Rights ^{[keep “age” in.]}

(b) Provincial Language Rights – Ontario

(c) Minority Language Education – “where numbers warrant” ^{[leave in]}

(d) Provision on Multiculturalism ^[approved]

(e) Section 47 – Newfoundland Amendment ^{[no dec. Note to PM. [illegible]]}

(f) Section 50/51 – Senate Amendments ^{[no [illegible]]}

10. Who Proposes Certain Amendments

(a) Resources – NDP ^[✓]

(b) Section 38 – Reduction from 8 t o 7 provinces ^[(Govt)]

(c) Section 2 – Separating assembly and association ^[(Govt)]

(d) Section 10 – Informing of right to counsel ^[(Govt)]

(e) Section X – Property rights ^{[[Illegible] proposed [illegible] opposition.)]}