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Gold/Mining/Energy : Winspear Resources

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To: Tony from Niagara who wrote (24823)11/1/1999 11:37:00 AM
From: Lorne  Read Replies (1) of 26850
 
Tony from Niagara - Sorry to everyone for carrying this on but I just saw Tony's post and must respond. Tony I see your argument but the power of disallowance, like the declaratory power and reservation, was only a constitutional convention. It did wither away but the notwithstanding clause is written into the Charter and is therefore sacred in Canadian law. Just because it is not used often doesn't mean that it will ever go away. It's analagous to Mulroney using the old provision in the BNA act that allowed him to appoint extra senators just before the Senate was about to veto the GST.

PS - As far as the native argument goes, the Canadian Constitution refers to aboriginals "enhanced rights" which implies greater rights for them. It's the one line in the document that drives me crazy. It's like when every minority group as well as women were whining that they weren't specifically mentioned in the Charlottetown accord. The document should only refer to Canadian citizens and if you are a Canadian citizen then you should receive the same fair and equal treatment as all other Canadian citizens.
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