Canada (Hansard, 18 November 1981)

§ 13. Dr. Edmund Marshall
asked the Lord Privy Seal if he will make a statement on Her Majesty's Government's relationship with Canada.

§ Mr. Luce
The Government have excellent relations with the Government of Canada.

§ Dr. Marshall
Will the hon. Gentleman confirm that the recent agreement in Canada between the Federal Government and nine of the 10 Provincial Governments on proposals for constitutional change in Canada is a most welcome development, and that it prepares the way for full patriation of the Canadian constitution and the exercise of the last rights, as it were, of the United Kingdom in regard to the Canadian constitution?

§ Mr. Luce
The hon. Gentleman has recently led a CPA delegation to Canada. I join him in welcoming the agreement reached between the Federal Government and nine of the 10 Provinces. I cannot, obviously, anticipate the debate that is to take place in the Federal Parliament of Canada, but we have undertaken to deal with this matter, if we receive a request, as rapidly as possible.

§ Mr. Aitken
Is my hon. Friend aware that the fact that we now look as though we shall be getting a "Made in Canada" constitution coming to Westminster in a constitutionally proper request will be widely welcomed on both sides of the House? However, does my hon. Friend feel that there might be dangers to Anglo-Canadian relations if anyone in this House were to follow any of the eccentric precedents set by Mr. A. P. Herbert in the 1930s and try to put down amendments to the substance of the package now that it will be coming to us in a constitutionally proper form?

§ Mr. Luce
While I endorse the views expressed by my hon. Friend in his initial remarks, I think that it is a matter not for me but for the Chair with regard to the handling of the Bill and its amendability.

§ Mr. Denzil Davies
Does the Minister agree that the agreement that has taken place—which we all welcome—has vindicated the views of the Select Committee of this House and the many hon. Members on both sides of the House who were very concerned about this issue and are pleased that the outcome is satisfactory? There is one outstanding question: is the Minister concerned about the fact that the native Indian people of Canada were not a party to that agreement and that they have treaties with the Crown which they regard as binding? If they are not looked after, and if their rights are not protected, they will feel that the British Crown, the British Government at the end of the day, and Britain, have let them down. In the absence of agreement in Canada, will the Minister do something to ensure that those people's rights are protected?

§ Mr. Luce
I read the right hon. Gentleman's letter in The Times today on the question of the Indians. It is the British Government's view that any responsibility for the aboriginal people of Canada formerly held by the British Government became the responsibility of the Government of Canada with the attainment of independence, at the latest under the Statute of Westminster of 1931. This was a view that was fully endorsed by the Select Committee on Foreign Affairs earlier this year.