Winnipeg Free Press

Winnipeg Free Press (Newspaper) - May 5, 1981, Winnipeg, Manitoba 14 Winnipeg fret less tuesday May 5, 1981 court seems divided on Constitution Issue from the news services Ottawa after five Days of hear Ings on the Federal Constitution package the nine Man supreme court of Canada must now wrestle with the question of whether provincial consent is required for constitutional change. But the justices May be As divided As the country s politicians after hearing the arguments of lawyers for the Federal govern ment supported by Ontario and new Bruns Wick and the eight provinces opposed to Ottawa s plan. Chief Justice Bora Laskin reserved judg ment As the hearings ended yesterday. But the 56 lawyers who represented Ottawa and the provinces already were guessing at the outcome. A judgment in t expected before Early june. I think the court is divided to some said Federal lawyer Michel Robert. From the questions i would say that some judges Are in favor of the provincial position and others Are in favor of the Federal Posi Tion. I would not dare to give you any h the judges Back Ottawa the British North America act May be returned to Canada within weeks along with an Amend ing formula and a charter of rights. If they Side with the eight provinces opposing the package prime minister tru Deau has indicated that a hell of a fight will follow. Parliament has agreed to set the matter aside to await the court s ruling. A favourable decision would mean rapid passage Here of a Resolution setting out the proposed changes. The British parliament would then be expected to enact them. The eight provinces oppose Trudeau s amending formula and Are against the Char Ter of rights which they say would affect their Powers. Manitoba lawyer Kerr twaddle in leading the provincial Case said that by convention Ottawa cannot Amend the Constitution with out the consent of the provinces that Are affected. Correction Allied Home Centre flyer delivered to your Home this week copy for garage packages should have read Economy Sukk built garage packages with no roof overhang Isget any inconvenience error May have caused our customers most of the provinces said unanimous consent is needed but Saskatchewan argued for a consensus adding that this would require More than support of Ontario and new Brunswick. The Federal position is that legally speak ing there is no requirement for provincial consent. Ottawa has sought provincial sup port by tradition As a political convenience. The Case involves appeals from three provincial High court judgments Only one of which was unanimous. The Newfoundland court of Appeal ruled 3-to-o that the package is unconstitutional because of provincial opposition. But the Manitoba court backed Ottawa 3-2 and Quebec ruled 4-1 in Ottawa s favor. The support of five of the nine supreme court of Canada judges is needed to make the package Legal. Or. Justice Ronald Martland 74, and or. Justice Roland Ritchie 70. These Nior members of the court and or. Justice Brian Dickson questioned Federal lawyers closely about their Contention that provincial support in t needed. Ontario attorney general Roy Mcmurtry supporting the Federal Case had to agree that under the Ottawa argument the Federal government could unilaterally abolish the provinces by amending the Constitution or even impose official bilingualism on Ontario without Ontario s consent. He said political reaction made such changes unlikely. Federal lawyer Raynold Langlois wrap Ping up the Case yesterday said the prov inces blew their Chance 50 years ago to Stop Ottawa from acting alone to Amend the Constitution. He said the provinces were unable to agree on an amending formula at a 1927 Imperial conference in London. As a result Britain retained its Power to change the Constitution at the request of the Canadian parliament a procedure spelled out in Brit Ain s 1931 statute of Westminster which gives the provinces no formal role in the amending procedure. improve your Home and increase its value with one step. 19 go manit1ba the clean environment commission the commission gives notes under Section 1 of the clean environment act mat it will Issue an order vet thu charge of Deposit o. Contaminants to the environment trom Milih , 30 Kin 5tr.l, w., t.roirt., j435.0 Ontario. M5h ic4 a proposal i the operation of the former san Antonio Solo mine and Lor the construction and operation of an Ore concentrator Mill both located in township 24. Range 13. Pm. At . Manitoba with Deposit of tailings mine and a a a Icalea the North Shoro i pm East of . And Wilh discharge of compressor Cooling Waler to Rice Lake. Any person who is Likely to be atle cled by an order of the commission and who wishes to make representation either of or against the operation Stald notify the commission in wiling not later than May 27 i were to commit sewn receives notice of a representation i. May hold a Public hearing Belore issuing an order and not the applicant and the persons making represent Lions of the Date time and place of the hearing offis a m May be Ohamed b contacting he be in smoes Manitoba. R3n oh6. Telephone go to it. Winnipeg your Home town s a Fine place that s True but sometimes it s fun to get away for a Day or two right at via understand. And be got a variety of Short term packages called getaways designed exactly for people like you. A Low Cost via getaway gives you great value for your Money. 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