Document Information

Date: 1980-10-27
By: William G. Davis
Citation: Telegram from Premier William G. Davis to The Honourable Pierre Elliot Trudeau (27 October 1980).
Other formats: Click here to view the original document (PDF).

PMO PCO OTT

P M OF ONT TOR

OCTOBER 27/80

THE RIGHT HONOURABLE PIERRE ELLIOT TRUDEAU

PRIME MINISTER OF CANADA

HOUSE OT COMMONS

OTTAWA

MY DEAR PRIME MINISTER

IT IS NOW SOME TWO AND A HALF WEEKS SINCE THE FEDERAL GOVERNMENT MADE PUBLIC ITS PROPOSED RESOLUTION RESPECTING THE CONSTITUTION OF CANADA. I AND MY MINISTERS, ON BEHALF OF THE GOVERNMENT OF ONTARIO, HAVE CLEARLY AND FIRMLY INDICATED OUR SUPPORT IN PRINCIPLE FOR BOTH THE SUBSTANCE AND THE PROCESS FOR PATRIATION SET OUT IN THE RESOLUTION AND ITS SCHEDULES. WE SHALL CONTINUE TO DO SO.

DURING THIS PERIOD, WE HAVE CAREFJULL//XXX CAREFULLY REVIEWED THE DETAILED PROVISIONS OF THE CONSTITUTION ACT, 1980, AND HAVE FOLLOWED CLOSELY THE DEBATE IN PARLIAMENT AND ELSEWHERE ON YOUR PROPOSAL. IN LIGHT OF THIS DEBATE AND OUR CONCERN OVER CONSIDERABLE DISAFFECTION IN SOME AREAS, I WOULD LIKE TO TAKE THIS OPPORTUNITY TO SUGGEST TO YOU A NUMBER OF CONSTRUCTIVE CHANGES TO THE ACT WHICH WHILE NOT SPECIFICALLY IN ONTARIO’S INTEREST, WILL MEET SOME OF THE CRITICISMS WHICH HAVE BEEN DIRECTED AT IT BY OTHERS WHILE MAINTAINING ITS OVERALL INTEGRITY,

Q1. NATIONAL REFERENDUM AS A DEADLOCK-BREAKING DEVICE

TO ENSURE THAT A NATIONAL REFERENDUM IS USED AS A MEANS OF BREAKING AN INTERGOVERNMENTAL DEADLOCK ON A PARTICULAR AMENDMENT, IT SHOULD BE MADE CLEAR THAT THIS PROCEDURE CAN BE AUTHORIZED ONLY AFTER THE PROCEDURES SET OUT IN SECTION 41 HAVE BEEN GIVEN A FAIR TEST, IN OTHER WORDS THE REFERENDUM PROCEDURE CANNOT AT USED FOR ONE YEAR FOXXX FROM THE TIME THE FIRST FORMAL STEP IN THE AMENDMENT PROCESS HAS BEEN SUCCESSFULLY COMPLETED. WE CONTNXXX CONTINUE TO HOLD THE VIEW THAT THE VOTERS OF CANADA MUST RETAIN THE RIGHT TO BREAK ANY DEADLOCK WHICH APPEARS PERPETUAL IN NATURE

2. AUTHORIZATION OR THE REFERENDUM

AT PRESENT, PARLIAMENT ALONE WOULD HAVE THE RIGHT TO DETERMINE THAT THE REFERENDUM PROCEDURES SHOULD BE USED  IN MY VIEW, IT WOULD BE A SIGNIFICANT IMPROVEMENT TO E:NSURE THAT PROVINCES ARE PART OR THE PROCESS OF AUTHORIZING A REFERENDUM.

TO THAT EFFECT, THE FOLLOWING APPROACH IS SUGGEST: XXX SUGGESTED: ALLOW THE USE OF THE REFERENDUM TO BE AUTHORIZED BY THE RESOLUTION OR PARLIAMENT AND THE LEGISLATIVE ASSEMBLIES OR AT LEAST YOUR PROVINCES: BY REQUIRING BOTH PARLIAMENT AND A MINIMUM NUMBER OR PROVINCES TO BE IN AGREEMENT, THE NOTIONS OF CONSENSUS AND DEADLOCK BREAKING ARE BROUGHT INTO BETTER BALANCE

ALTERNATIVE REFERENDUM QUESTIONS

WHERE THERE ARE SEVERAL ALTERNATIVE AMENDMENT PROPOSALS ON ^[illegible] SINGLE ISSUE UNDER CONSIDERATION (AS OPPOSED TO A SITUATION WHERE THE CHOICE IS BETWEEN A SINGLE PROPOSAL AND THE STATUS QUO) ENSURE THAT AT LEAST TWO OF THE ALTERNATIVES BE PUT TO THE PEOPLE IN THE REFERENDUM.

ONE WAY TO ACHIEVE THIS OBJECTIVE WOULD BE TO PERMIT PARLIAMENT TO DETERMINE ONE ALTERNATIVE AND ANY GROUPING OF FIVE PROVINCES TO DETERMINE THE OTHER,

I BELIEVE THAT ADJUSTMENTS TO YOUR PROPOSAL ALONG THE LINES SUGGESTED ABOVE WOULD GO FAR TO MITIGATE SOME OF THE MORE EXPLICIT CONCERNS WHICH HAVE BEEN RAISED WITH REGARD TO IT, AND WOULD CONTRIBUTE FURTHER BROADENING AND DEEPENING TO THE BASE OF SUPPORT FOR IT. I LOOK FORWARD TO YOUR RESPONSE TO THESE SUGGESTIONS ONCE YOU HAVE HAD THE TIME TO CONSIDER THEM.

AS I HAVE INDICATED AN ONTARIO CAN LIVE WITH THE EXISTING PACKAGE. WE SUPPORT RECENT PROPOSED GUARANTEES ON RESOURCE OWNERSHIP.

THE DEEPLY HELD CONCERNS ABOUT THE VICTORIA FORMULA, WHILE NOT SHARED BY US, DO SUGGEST THE NEED FOR CONCILIATION AND RESPONSE*.

THE NATIONAL INTEREST IS SERVED BY THE CONSTITUTIONAL PROPOSALS BEFORE PARLIAMENT: IT WOULD BE ADVANCED EVEN FURTHER THROUGH A CONCILIATORY AND CREATIVE APPROACH TO STRUCTURAL ISSUES WITHIN THOSE PROPOSALS.

BROADENING THE PROCESS BY WHICH THE QUESTIONS ON A REFERENDUM ARE DETERMINED, AND MAKING MORE SEQUENTIAL AND PARTICIPATORY THE MEANS BY WHICH A REFERENDUM IS CALLED WOULD GO A LONG WAY TO RESPONDING TO THOSE FEARS CONCERNING EXPLOITATIVE USE BY ONE SIDE OR THE OTHER OF THE REFERENDUM PROCEDURE,

WHILE ONTARIO RESPECTS THE PARTNERSHIP BETWEEN PROVINCES AND THE NATIONAL GOVERNMENT IN MANY AREAS, WE REITERATE OUR VIEW THAT CANADIANS AS A WHOLE, AS INDIVIDUAL VOTERS MUST HAVE THE OPPORTUNITY TO BREAK A SEEMING ENDLESS DEADLOCK THROUGH SOME APPROPRIATE MEANS.

SIMILARLY, WHILE WE APPRECIATE THE DESIRE OR THE GOVERNMENT OF CANADA TO MOVE AHEAD WITH A FAIR MINDED TIMETABLE ON CONSTITUTIONAL MATTERS, WE BELIEVE THAT ASSURANCES RELATIVE TO THE OPPORTUNITY FOR ADEQUATE PARLIAMENTARY DEBATE UPON THE REPORT BACK BY THE JOINT COMMITTEE OF THE HOUSE AND SENATE ON DECEMBER 9^TH, ARE OF CRITICAL IMPORTANCE TO THE INTEGRITY OF THE PROCESS ITSELF.

ONTARIO BELIEVES THAT THE TIME TO ACT ON PATRIATION, HUMAN RIGHTS AND OTHER RELATED ISSUES IS NOW, WE BELIEVE THAT THE ABOVE SUGGESTIONS WILL FACILITATE PROGRESS AND CONSENSUS IN THIS DIRECTION.

WILLIAM G. DAVIS

PREMIER OF ONTARIO

*

PMO PCO OTT

P M OF ONT TOR

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