Telex from Harry How (NS) to Jean Chrétien re Proposed Constitutional Changes (18 November 1981)
By: Harry How, Government of Nova Scotia
Citation: Telex from Harry How to Jean Chrétien (18 November 1981).
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CNCP TEL TOR
GTM987 NOV 18 1539 EST
HEHRO42 219 FR
TDHX HALIFAX NS 18 1630
HON. JOHN CHRETIEN MINISTER OF JUSTICE AND ATTORNEY GENERAL OF CANADA TLX 053-3604 HOUSE OF COMMONS OTTAWA ONT.
Nova Scotia continues to understand from the agreement reached in Ottawa on November 5’81 that section 28 would be subject to the notwithstanding provision of section 33(1). This was considered necessary in order for the provision of section 33(1) to effectively apply to section 15 in respect to discriminate based in sex. The latest suggestion that section 28 not be subject the provisions of section 33(1) is substantive change in the accord and beyond the bounds fo the agreement entered into on november 5’81 and such a suggestion, in our opinion, would have the effective of section 28 be free standing and therefore the basis for challenging federal or provincial legislation which provides preferential benefits to women on grounds that such legislation not treat male and female persons equally. Accordingly Nova Scotia agrees to the suggested draft changes to section 33(1) set out in Taffe Telex of November 16’81 but is unable to agree at this time to deleting section 28 from the provisions of section 33(1) which is considered to be a substantive change from the accord. And beyond the bounds of the agreement entered into on November 5/81.
Hon. Harry W How QC Attorney General Province of Nova Scotia