Telex from Roger Tassé Re: Application of Section 23 – Manitoba and Wording of Sections 28 and 33(1) of Charter (18 November 1981)
By: Roger Tassé, Government of Canada
Citation: Telex from Roger Tassé (18 November 1981) Re: Application of Section 23 – Manitoba and Wording of Sections 28 and 33(1) of Charter.
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FROM: MR ROGER TASSÉ, DEPUTY MINISTER OF JUSTICE, OTTAWA
(SEE DISTRIBUTION LIST ATTACHED)
RE: APPLICATION OF SECTION 23 – MANITOBA AND WORDING OF SECTIONS 28 AND 33(1) OF CHARTER
Following consultations with the office of the Premier-Elect of Manitoba Today, Section 58 of the Constitutional resolution has been deleted. Thus, there is no special proclamation of section 23 for Manitoba: section 23 comes into force for that Provinces of the same day as for other provinces under Section 57.
With respect to the wording of Section 28 and 33(1) of the charter, in light of discussions yesterday and today with Provincial Ministers and officials the following wording is being inserted in the Charter:
“Section 28 – Notwithstanding anything in this Charter except section 33, the Rights and Freedom referred to in it are guaranteed equally to male and female persons.”
“Section 33(1) – Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or section 7 to 15 of this Charter, or section 28 of this charter in its application to discrimination based on sex referred to in section 15.”