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CONFIDENTIEL

le 18 juillet 1975

NOTE POUR MONSIEUR ROBERTSON

Rapatriement de la Constitution

Suite à votre note du 17 juillet, j’ai pris
connaissance du projet de mémoire au Premier ministre
et ses annexes.

Je n’ai qu’un seul commentaire à formuler
et il porte sur l’option C énoncée à la page 2 — « l’opting-in ».
La grande préoccupation de M. Hatfield c’est que les mesures
législatives pour donner reconnaissance au français au
Nouveau-Brunswick ne soient pas répudiées par un autre
gouvernement.

A l’annexe 2 « Victoria rights option » une répudiation
pure et simple ne serait pas possible puisque l’article 4
modifiée en vertu de l’option C serait soumis à la procédure
d’amendement prescrit par l’article 50 tel qu’énoncé à
l’article 7 de l’annexe 2.

Si nous devions utiliser une solution de rechange,
c’est-à-dire l’annexe 3 « federal rights option » il me semble
qu’on pourrait egalement y incorporer l’option C en modifiant
l’article 6 dont le début se lirait comme suit:

« A provincial legislative assembly may,
by resolution, declare that any part of
articles 3, 4 and 5 shall apply … etc ».

Frank Carter est d’accord avec cette suggestion.

Pour ce qui est des commentaires de Jim Hurley
au sujet de l’article 10 du »Victoria rights option, » Barbara
Reed ne croit pas qu’en droit, cet article crée des droits
juridiques nouveaux ou reconnaisse constitutionnellement
des droits coutumiers. Cette distinction est peut-être
vraie sur le plan juridique mais il n’en reste pas moins
que l’article 10 comporte des difficultés d’ordre politique,
qu’on veuille le suprimer ou l’incorporer. Le suprimer
risque de provoquer des protestations des autres communautés
ethniques au Canada. Le laisser risque de créer des
expectatives de leur part qui dépassent largement le cadre
de la politique de multiculturalisme tel que nous le
connaissons.

Je crois que Barbara Reed vous prépare une note
à ce sujet.

Pierre Gravelle

c.c. M. Carter
M. Hurley
Mme Reed

CONFIDENTIAL

July 17, 1975.

Appendix 1

Revised Form for a Proclamation
« First Approach »

Whereas it is fitting that it should be
possible to amend the constitution of Canada in all
respects by action of the appropriate instrumentali-
ties of government in Canada acting separately or in
concert as may best suit the matter in question;

And whereas changes in the constitution,
interpretation of its provisions or action by the
federal Parliament or government should not endanger
the continuation and full development of the French
language in Canada and the Culture based thereon and
it is desirable that the two official languages and
the cultures based on them should be equally assured
of preservation and full development in Canada;

And whereas it is desirable that the
Parliament and Government of Canada and the Legis-
latures and governments of the provinces act effectively
to promote equality of opportunity and an acceptable
level of public services among the different regions
of Canada;

Therefore it is desirable to establish:

(a) a method for the amendment in Canada of those
parts of the constitution of general interest
and concern which cannot now be amended in
Canada in which the consent will be required
of the Legislatures of provinces representative
of both the official language groups of Canada
as well as the Legislatures of provinces in all
of the geographical regions of Canada;

(b) means by which provinces can participate in
the selection of persons to be appointed to
the Supreme Court of Canada; and

(c) principles to guide the Parliament of Canada
in the exercise of powers allotted to it
under the constitution of Canada and to guide
the Government of Canada in the exercise of
powers conferred upon it by the constitution
of Canada and by laws enacted by the
Parliament of Canada;

Now therefore I … do proclaim
as follows:

1. … (the method of amendment
– Part IX of Victoria less paras
53, 54, 55)

2. … (appointments to the Supreme Court
– Part IV of Victoria)

3. The Parliament of Canada, in the exercise of
powers allotted to it under the constitution
of Canada, and the government of Canada in the
exercise of powers conferred upon it by the
constitution of Canada and by laws enacted by
the Parliament of Canada shall be guided by,
among other considerations for the welfare and
advantage of the people of Canada, the
knowledge that a fundamental purpose under-
lying the federation of Canada is to ensure the
preservation and the full development of the
two official languages of Canada and the cultures
based on them.

4. The Parliament and Government of Canada and
the Legislatures and governments of the
provinces are committed to:

(a) the promotion of equality of opportunity
and well being for all individuals in
Canada;

(b) the assurance, as nearly as possible,
that essential public services of
reasonable quality are available to
all individuals in Canada; and

(c) the promotion of economic development
to reduce disparities in the social and
economic opportunities for all individuals
in Canada wherever they may live,

but this commitment shall not have the effect
of altering the distribution of powers and
shall not compel the Parliament of Canada or
Legislatures of the provinces to exercise
their legislative powers.

CONFIDENTIAL
« Victoria rights » option

Appendix 2 July 17, 1975.

LANGUAGE RIGHTS

Art. 1 English and French are the official languages
of Canada having the status and protection set forth in
this Part.

Art. 2 A person has the right to use English and French
in the debates of the Parliament of Canada and of the Legis-
latures of Ontario, Quebec, Nova Scotia, New Brunswick,
Manitoba, Prince Edward Island and Newfoundland.

Art. 3 The statutes and the records and journals of the
Parliament of Canada shall be printed and published in English
and French; and both versions of such statutes shall be
authoritative.

Art. 4 The statutes of each Province shall be printed
and published in English and French, and where the Governq
ment of a Province prints and publishes its statutes in one
only of the official languages, the Government cf Canada shall
print and publish them in the other official language; (the
English and French versions of the statutes of the Provinces
of Quebec, New Brunswick and Newfoundland shall be authori-
tative.)

Art. 5 A person has the right to use English and French
in giving evidence before, or in any pleading or process in
the Supreme Court of Canada, any courts established by the
Parliament of Canada or any court ôf the Provinces cf Quebec,
New Brunswick and Newfoundland, and to require that all docu-
ments and judgments issuing from such courts be in English or
French, and when necessary a person is entitled to the services
of an interpreter before the courts of the other Provinces.

Art. 6 An individual has the right to the use of the
official language of his choice in communications between
him and the head or central office of every department and
agency of the Government of Canada and of the Governments
of the Provinces of Ontario, Quebec, New Brunswick, Prince
Edward Island and Newfoundland.

Art. 7 A Provincial Legislative Assembly may, by resolu-
tion, declare that any part of Articles 4, 5 and 6 that do
not expressly apply to that Province shall apply to the
Legislative Assembly, and to any of the provincial courts and
offices of the provincial departments and agencies according
to the terms of the resolution, and thereafter such parts
shall apply to the Legislative Assembly, courts and offices
specified according to the terms of the resolution; and any
right conferred under this Article may be abrogated or
diminished only in accordance with the procedure prescribed
in Article 50.

Art. 8 A person has the right to the use of the official
language of his choice in communications between him and every
principal office of the departments and agencies of the Govern-
ment of Canada that are located in an area where a substantial
proportion of the population has the official language of his
choice as its mother tongue, but the Farliament of Canada may
define the limits of such areas and what constitutes a substantial
proportion of the population for the purposes of this Article.

Art. 9 In addition to the rights provided by this Part,
the Parliament of Canada and the Legislatures of the Provinces
may, within their respective legislative jurisdictions,
provide for more extensive use of English and French.

Art. 10 Nothing in this Part shall be construed as dero-
gating from or diminishing any legal or customary right or
privilege acquired or enjoyed either before or after the
coming into force of this Part with respect to any language
that is not English or French.

CONFIDENTIAL
« Federal rights » option

July 17, 1975.

LANGUAGE RIGHTS

Art. l English and French are the official languages
of Canada having the status and protection set forth in
this Part.

Art. 2 A person has the right to use English and French
in the debates of the Parliament of Canada.

Art. 3 The statutes and the records and journals of the
Parliament of Canada shall be printed and published in
English and French; and both versions of such statutes
shall be authoritative.

Art. 4 A person has the right to use English and French
in giving evidence before, or in any pleading or process in
the Supreme Court of Canada and any courts established by the
Parliament of Canada, and to require that all documents and
judgments issuing from such courts be in English or French.

Art. 5 An individual has the riqht to the use of the
official language of his choice in communications between
him and the head or central office of every department and
agency of the Government of Canada.

Art. 6 A Provincial Legislative Assembly may, by reso«
lution, declare that any part of Articles 4 and 5 shall apply
to the Legislative Assembly, and to any of the provincial
courts and offices of the provincial departments and agencies
according to the terms of the resolution, and thereafter such
parts shall apply ho the Legislative Assembly, courts and
offices specified according to the terms of the resolution;
and any right conferred under this Article may be abrogated
or diminished only in accordance with the procedure prescribed
in Article 50.

Art. 7 A person has the right to the use of the official
language of his Choice in communications between him and
every principle office of the departments and agencies of
the Government of Canada that are located in an area where a
substantial proportion of the population has the official
language of his choice as its mother tongue, but the Parliaw
ment of Canada may define the limits of such areas and what
constitutes a substantial proportion of the population for
the purposes of this Article.

Art. 8 In addition to the rights provided by this Part,
the Parliament of Canada may, within its legislative juris-
diction, provide for more extensive use of English and
French.