Telex from Jean Chrétien to Provincial Governments re Aboriginal Rights (22 November 1981)
By: Jean Chrétien, Government of Canada
Citation: Telex from Jean Chrétien to Provincial Governments (22 November 1981).
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November 22, 1981
BEFORE 9 a.m. Mond[cuts off]
FROM: THE HONOURABLE JEAN CHRETIEN
MINISTER OF JUSTICE
TO: DISTRIBUTION LIST ATTACHED
The Prime Minister has requested that I contract you on the Telexes to him of November 20, 1981 from Premiers Lougheed and Bennett with respect to the inclusion in the constitutional resolution of a provision respecting the rights of the aboriginal peoples.
With respect to the new draft provision set out in Premier Lougheed’s Telex, the federal Government would be prepared to accept either that Alberta Draft (except Paragraph Two) or the one originally contained in the previous federal resolution of last April. We do not in fact see any essential legal difference between the two texts since we believe that the federal text has implicit in it that which is expressly stated in the Alberta text, namely that the rights affirmed are those which presently exist.
With respect to paragraph two of the Alberta Draft, we feel that it is redundant since the Aboriginal peoples’ rights to be elaborated under Section 36 of the resolution will, of course, be constitutionalized to the extent that agreement on these rights is reached at the first ministers’ conference where this matter will be discussed with representatives of the aboriginal peoples.
With respect to Premier Bennett’s telex, we are pleased to learn that the British Columbia Government is prepared to see Aboriginal peoples’ rights entrenched. As for the points raised in the Premier’s telex respecting legal obligations and the matter of compensation to be paid to British Columbia for any settlement of Aboriginal peoples’ claims in that province, the federal government believes that these are matters better left for discussion at the First
Ministers’ Conference contemplated under Section 36 of the resolution.
I would appreciate it if you would arrange to discuss with your premier the matter of reinstating rights of Aboriginal peoples in the resolution and the matter of which version of Section 34 he would prefer to see in the resolution, in order that your Premier can advise the Prime Minister by telex on these matters not later than close of business on Tuesday, November 24, 1981.
I would appreciate it if you would consider the matter of reinstating rights of Aboriginal peoples in the resolution and the matter of which version of Section 34 you would prefer to see in the resolution in order that you can advise the Prime Minister by telex on these matters not later than close of business on Tuesday, November 24, 1981.
The above paragraph should be sent to:
The Honourable Howard Pawley, Premier elect of Manitoba,
The Honourable Richard Hatfield Premier of New Brunswick,
The Honourable Gerald Ottenheimer, Q.C. Minister of Justice St. John’s Newfoundland
Telex No. 0164718
The Honourable Harry W. How, Q.C.
Attorney General, Provincial Secretary and Minister in Charge of administration of the Regulations Act
Halifax, Nova Scotia
Telex No. 01922570
CC: The Honourable Edmund Morris
Minister Intergovernmental Affairs Office
Halifax, Nova Scotia
Telex no. 01922799
The Honourable George R. Macmahon,
Charlottetown, Prince Edward Island
Telex No. 01444154
The Honourable Roy Romanow
Attorney General and Deputy Premier of Saskatchewan
Telex No. 0533950
DISTRIBUTION – PAGE TWO
To: The Honourable Dick Johnson, Minister of Federal and Intergovernmental Affairs
Government of Alberta
Telex No. 0373300
The Honourable Garde B. Gardom, QC
Minister of Intergovernmental Affairs
Government of British Columbia
Victoria, British Columbia
Telex No. VI-168989
The Honourable Roy McMurtry, Q.C., Attorney General,
Government of Ontario,
Telex No. CP/CN Tel.
CC: The Honourable Tomas L. Wells Minister of Intergovernmental Affairs and Government House Leader,
Government of Ontario
Telex No. 06218562
The Honourable Howard Pawley
Premier-Elect of Manitoba
The Honourable Richard Hatfield,
Premier of NewBrunswick
Fredericton, New Brunswick
Telex No. 01446230