In response to Ted Morton's column on the addition of Section 92A to the Constitution, a former premier provides crucial context. The column, which focused on the western provinces' role, overlooked the significant contributions of other regions. Newfoundland, along with Prince Edward Island and Nova Scotia, was instrumental in securing this amendment, which affirms provincial jurisdiction over non-renewable natural resources.
Newfoundland's Key Role
Newfoundland produced a detailed 44-page document on August 18, 1980, titled "Towards The Twenty First Century — Together," outlining its constitutional position. This document explicitly stated that provinces should have ownership and control over their natural resources, including exclusive jurisdiction over non-renewable resources, forests, and electrical energy production. The document was distributed to all provinces and the federal government, building a consensus that led to the inclusion of Section 92A in the Constitution Act of 1982.
Abuse of the Amendment
While Morton correctly notes that courts and the federal government are abusing this important amendment, the same applies to other constitutional provisions, such as the supremacy of God and the rule of law in the Charter. The federal government's attempts to unconstitutionally amend the notwithstanding clause are a current example of this trend.
Another reader comments on the perception that some provinces are more equal than others. Alberta's ownership of its oil and natural gas is a provincial asset, not a federal one, just as uranium in Saskatchewan or iron ore in Ontario and Quebec are provincial assets. Albertans have the right to sell their resources to whomever they choose, at whatever price, or not sell them at all. The federal government should not intrude on provincial jurisdiction over natural resources.
