Winnipeg Free Press

Winnipeg Free Press (Newspaper) - April 28, 1981, Winnipeg, Manitoba Winnipeg free press tuesday april 13 Canada s destiny now in hands of 9 justices Ottawa up Hie nine men of the supreme court of Canada today begin hearing the arguments of some of the coun try s Best Legal minds in preparation for an historic ruling that will determine if there will be a new Constitution this year. After More than 50 years of Federal Provin Cial wrangling Over How to bring the British North America act Home from London the Fate of prime minister Trudeau s latest Effort rests on the persuasiveness of the Legal arguments Over the next four or five Days. Trudeau says he will drop his embattled constitutional package if the High court rules he is acting illegally. But if the court decision expected in late May or Early june says Ottawa s package is Legal parliament will Speed through final passage and the country could have its new Constitution within weeks. Y that would mean that for the first time since 1867, the Constitution and the Power to Amend it would be in Canada. There would also be a charter of rights and free Doms entrenched in Law whose effects would be Felt for generations to come. Also entrenched would be the principle of sharing of nation 15.000 school children. The Koyal Winnipeg Ballet. And Rainbow stage what do they have in common the Winnipeg symphony orchestra. Without the Winnipeg symphony and its 67 musicians the Ballet would have no music. Elementary students would miss the magical experience of live orchestral music and professional instruction and Rainbow stage would have to turn to repertory theatre. There would be no concerts in the Park no heart swelling symphonic sounds in the Centennial concert Hall no professional local outlet Lor Little David s years of practising the violin. The Winnipeg symphony orchestra adds immeasurable depth and moaning to the Quality of life in Winnipeg and Manitoba. Your generous support will be appreciated clip and mail to the Winnipeg symphony orchestra the Jim Pliny orchestra Koom 117.555 main St Kkt. Winnipeg. Manitoba k3b 1c312041m2.1376 name Street _ City postal code _ phone no Cheque or Money order enclosed for s u i wish my gift to be Anonymous signature please make cheques pay Able to the Winnipeg symphony orchestra an income to .v1 be 10 Vou drug tips v contributions Are acknowledged in All major series concert programmes under Tea categories below. Please Check the appropriate Box if you wish to have your name listed.1 ill Patron Over n sustainer 3 supporter n Benefactor q contributor u donor wealth from the Rich provinces to the poorer provinces. The supreme court Case is based on appeals from three lower court rulings on Chal Lenges launched by six dissident provinces. Two provincial Appeal courts Manitoba and Quebec backed Ottawa while the Newfoundland court of Appeal sided with the provinces. The Issue before the court boils Down to whether the Federal government without the support of the provinces has the right to ask the British parliament to Send the Constitution to Canada with a new amending formula and a charter of rights binding on Federal and provincial governments. It is put before the court in three Basic questions framed by the provinces when they launched their appeals. There is a fourth question relating specifically to the effect of the new constitutional package on the terms of Union under which Newfoundland entered confederation in 1949. The questions does the constitutional package affect existing Federal provincial relationships or the Powers of provincial Legislatures and governments and if so How the Federal government argues in a de tailed written submission filed with the court that this question is too broadly worded and too vague to be of any Legal significance. It is virtually impossible for the court to answer since it would require analysis of an infinite number of actual situations. If the court does decide to answer Ottawa argues it should be with a no. Citing contents of the package such As new Powers for indirect taxation and the right to legislate in the previously exclusive Federal Field of inter provincial Trade it argues the shift is toward the provinces. The provinces on other hand argue that the proposed amending formula which allows the Federal government to go Over the Heads of the provinces to Call a National referendum on future amendments represents a loss of provincial Power. The charter or rights in guaranteeing an English or French language education where numbers among other things infringes on the provincial Powers Over education. Hierarchy of rules d is it a constitutional convention that the House of commons and Senate must obtain the agreement of the provinces for amendments to the ban act this question focuses on whether it has been regular practice for the Federal govern ment to consult the provinces on Amend ments. The Federal government defines Conven Tion As pan of a Hierarchy of rules with the first level being a practice the second level a convention and the third level being Law. Ottawa argues that this question is Little More than a question of political science or parliamentary procedure and of no Rele Vance to the Issue. But to the eight provinces opposing Otta except Ontario and new Bruns Wick it is an important stepping Stone in their argument that Ottawa is legally bound to obtain their consent for amendments. The court would have to answer yes to this question for it to make it to the next step in the Hierarchy that Consulta Tion is a Rule of Law that must be followed each time. The question of Law forms the basis of the third question. Amendment to Constitution d is the agreement of the provinces constitutionally required for an amendment to the Constitution where such amendments affect Federal provincial relationships or the Powers of provincial Legislatures or govern ments this is the key question. In the court could Back the arguments of the provincial governments on the first two questions and say no to the third. The constitutional package would be Legal. The Federal government says flatly that provincial approval May be a desirable political objective but at no time has it been a Legal it says 54 years of failure show agreement with the provinces is simply not a reason Able expectation in the it says that since 1867 there have been 22 amendments to the ban act Many of them affecting Federal provincial relations and the British parliament has never refused to pass an amendment on the basis of Lack of provincial consent. The provincial argument is based on the View that the provinces Are supreme in their own Fields of jurisdiction and that Ottawa is prohibited from tampering with areas assigned to the provinces under the ban act. Within subject matter assigned and within provincial territory the Legislatures Are Manitoba argues before the court. Since confederation no amendment of the Constitution has altered the legislative nor Federal provincial relationships without the consent of the the Manitoba Brief continues. It also quotes a 1965 constitutional White paper saying the Canadian parliament will not request an amendment directly affecting Federal provincial relationships without prior consultation and agreement with the Quebec says for example the proposed charter of rights will affect a Broad Range of provincial legislation. Justice Ronald Martland and eight other justices Start hearing Legal arguments today pm basking in jamaican Sun Ottawa up while the supreme court of Canada ponders the legality of his constitutional Reform proposals prime minister Trudeau is basking in the Jamaica Sun. A spokesman for the prime minister s office confirmed yesterday that Trudeau and his three sons left saturday for a week Long vacation in the Caribbean country. They Are to return May 3. For your interest save with a 1-6 year Commerce term Deposit redeemable 1 to 6 year fixed term interest paid Semi annually t redeemable before maturity but subject to an interest penalty save with a 1-5 year Commerce guaranteed investment certificate issued by Kinross mortgage corporation and guaranteed by Canadian Imperial Bank of Commerce. Non redeem Able 1 to 5 year fixed term interest paid annually t non redeemable before maturity minimum Deposit of ask for details. 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