Winnipeg Free Press

Winnipeg Free Press (Newspaper) - November 10, 1981, Winnipeg, Manitoba 6 Winnipeg free november 1981 provinces will now Rule Canada by Frances Russell South Carolina is too Small to be a Republic and too Large to be a Lunatic so James Louis South Caro Linas leading described the secession of his state from the Union just prior to the Onset of the american civil were Petigrue alive he no doubt would be wondering the mental stability of an entire nation which could Saddle itself with a Tut ional opting out clause and pro claim a great the april Accord of the eight prov inces opposing Federal unilateral action on the Constitution has to All intents and Canadas new amending it permits to three provinces to opt out of constitutional amendments affecting their rights by a simple majority vote of their it As Ottawa has repeatedly Lead to incremental separatism and a checker Board the denial of financial compensation to opting out provinces is a very Small fiscal equivalents apply to share Cost social they have never involved constitutional As prime minister Pierre Trudeau himself stated on the opening Day of the constitutional opting out in essence denies the existence of a National will in it creates the possibility of the country being held hostage by one a province seeking to protect its rights Over for now has a powerful new tool to use against the National should two thirds or More of the provinces and Ottawa deem that a particular re or resources should be placed under Federal the province or provinces affected can merely opt out of the constitutional nullifying a province can engage in a policy detrimental to other provinces and be insulated from reme dying since the provincial government concerned has no political accountability outside its the remedy of defeat at the polls in a subsequent election is also the argument will be made that Ottawa still retains its declaratory and emergency Powers to handle such but the use of those Powers against an angry already in confrontation with the rest of the coun try for exercising what it justly re Gards As its constitutional would be dangerous in the in any the implication that the National will can ultimately be expressed Only through coercion is an if not unique concept to place in a cons Titu the argument will also be made that such instances Are Likely never to occur in the continuing tensions Over resources and the current High tide of provincial rights gives no cause for such the concept of ultimate provincial sovereignty has now been constitutional the provinces now reign us Over the parallel with the correspondents from the new York times and the los Angeles times covering the constitutional talks wrote stories to their newspapers drawing parallels Between Canadas new amending formula and the twin Doc Trines of secession and nullification which arose in the Early 19th Century in the the doctrines stemmed directly from the View of some particularly the that the Ameri can Union was a since the states retained ultimate this position they had the right to nullify Federal Law As it applied to them and secede As a last nullification attempts arose sporadically Dur ing the Early history of the american and triggered the famous debate Between Daniel Webster and senator Robert Hayne in Webster claimed nullification would eventually break up the american Union and pro claimed Liberty and Union now and one and nullification and secession were never con in the but neither were they finally Laid to rest until the americans had fought a bloody civil the Canadian have advanced the doctrine of confederation As a pact Between and they have succeeded in turning the concept of nullification into a constitutional amending the nullification aspect is not the Only bad feature of the amending for the Federal government has More restrictions on its ability to change its own Constitution than do the according to the new for the provinces can change their own governmental structures at except for the office of the lieutenant Ottawa has been largely Strai jacketed in reforming its governmental it for introduce proportional representation in the House of commons without the consent of two thirds of the proportional or is one Way for Ottawa to Correct the fundamental weakness of Canadas Federal that weakness is the absence of any provincial representation within the National provincial premiers have filled that vacuum to become the sole voices for the provinces at the the premiers Are miscast in that because they Are elected on not National this when or was again mooted by the Federal several most notably Albertas Peter Lough railed against seeing it As a Way to reduce and weaken the Powers of the the premiere have insulated themselves against any such and will be Able to Perpet uate themselves in an inappropriate role at the expense of balanced Federal the amending formula is perhaps the preeminent disaster inflicted upon the nation by the constitutional Compro Mise of last but it is by no Means the Only others Are the not quite entrenched entrenched charter of rights and the limbo into which the native Peoples of Canada have been there Are now two Levels of rights in democratic mobility rights and language including minority language education Are to be that they cannot be changed without formal constitutional in a move forecast by the initial Hatfield Compromise drafted by the Federal government and introduced by new Brunswick Premier Richard the other important rights Are All to be subject to a legislative override protections removable this Means Equality protections for the aged and the handicapped and All the fundamental Legal rights such As the protections against arbitrary search and seizure and cruel and unusual punishment can be abridged by parliament or provincial Legisla Tures so Long As each act specifies that it affects the charter there is a Sunset clause of five years on All such meaning that they have to be repeatedly passed if they Are to stay in in several including Bill Bennett and Saskatchewan Allan said they thought it would be politically if for Legislatures to abridge the charter but the very time when it would be politic ally even for Legisla tors to offend the for when there is a Public outcry against a minority group or in favor of punitive is precisely when the entrenched right is needed Omin the very week the charter was being the Federal solicitor general publicly advocated returning to the use of writs of which amount to an open season for police to conduct arbitrary searches and Sei the concept of citizens having two Levels of some protected and others capable of being of fends the very principle of entrenched canadians can feel that the Only rights they have Are those their politicians have deigned to give who Are among the most Mobile people in the will have to live with a Checkerboard of in a makes a mockery of mobility handicapped for in would hardly wish to move to a province which had abridged their pro for All canadians have to thank the provinces incessant and overweening concern about maintain ing their own Powers and the removal of the aboriginal rights of native people from the pending a constitutional leaves Canadas original citizens in their aboriginal rights at least in been protected by treaties under British once British jurisdiction has been removed in its entirety from the treaties could legally have no status until such time As Canada gets around to dealing with the fears of native people that this might never happen have a legitimacy based in Long years of tragic the Constitution was described in the self congratulatory closing conference session As a Victory for in the most that can be said for it is that it was Likely the Best fudge of two irreconcilable positions on the amending formula and the charter of whether a Good fudge is the Best for or what the people of Canada would choose for is very much open to it is significant to note that none of the 11 governments around that table had any real mandate to Deal on the none had been elected on the constitutional positions they pre the Only two governments that could claim some legitimacy in the bargaining because their concepts have at least been known for some time were Ottawa and Quebec refused to sign the agree and Ottawa basically gave away the new constitutional Deal has elements that could place considerable Strain on Canadas s a a n prices effective until november items available Only while quantities i Fri sat or while Quant Lyles great i ing buys comforters by h i ii Ltd double size 72 x 84 180 pm x 21 regular save 150 pm x 180 regular budget priced comforters in a Large Assort ment of 100 Cotton with brushed Nylon 100 Hilot polyester pillows save 100 polyester fill for medium soft Moth and mildew assorted print Cotton ticking approximate size 18 26 45 pm x 65 save l Tudi i Ibex Flannelette sheets 70 x 90 80 x 90 175 pm x 225 pm 200 pm x 225cm Reg at Reg at save save 9 Energy saving 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