Chief Justice R. Roy McMurtry has fought for the rights of Canadians, battled with Quebec and Britain and worked side by side with the legendary Pierre Elliot Trudeau. All this and he can do a hell of a Chrétien impression.
McMurtry took the microphone at Bennett Lecture Hall in Flavelle House last Thursday to discuss his role in the reformation of the Canadian constitution. McMurtry was attorney general of Ontario from 1975-85.
With a good deal of humor, the Chief Justice recounted his vivid memories of the development of the Canadian Charter of Rights and Freedoms and his fight to incorporate it into the 1982 constitution. “I’m proud of what we’ve accomplished,” said McMurtry. “I have no regrets on decisions relating to the charter…[The charter was] a political triumph for compromise and accommodation which will allow future generations to strengthen the fabric of nationhood.”
McMurtry was responding to past criticism of his support of section 33 of the Charter. This section, which contains the ‘notwithstanding clause,’ allows all rights outlined in the charter to be temporarily suspended by government.
The clause has been called a great failure because it allows the rights of Canadians to be quashed. “I saw that the notwithstanding clause was the only way to get the support of the majority of premiers,” McMurtry said.
He also stressed the Charter’s importance in promoting human rights. McMurtry said the courts have created an environment conducive to human rights in Canada thanks to the Charter. It provides for free expression and speech, freedom to assemble and minority rights. As its provisions are part of the constitution, they cannot be overruled by federal or provincial legislation. This was a major step in limiting the power of government, he said.
McMurty recounted, often with amusement, the extensive negotiations required to settle the new constitution. He remembered former prime minister Trudeau’s passion for establishing language rights for both French and English Canadians. He also remembered Trudeau’s intense distaste for compromise, causing him to demand, “When is dessert going to be served so I can get the hell out of here?” at one meeting with the premiers.
The premiers were similarly confrontational, recalled McMurtry. Convinced the charter was an attempt to override their powers, eight of the premiers formed a coalition against the government. Quebec, fresh out of its first separatist referendum, was particularly hostile. McMurtry remembered the time as a period of despair, in which constitutional reform seemed next to impossible.
McMurtry also spoke with passion about his desire to free Canada from the last vestiges of colonialism. One archaic law, which existed until two decades ago, required Britain approve all change to the constitution. “I share the embarrassment of many…that this important Canadian political debate had to be exported to Britain,” he said. He was among a number of Canadian officials sent overseas to court the British, prompting the Chief Justice to chuckle that British politicians ate very well at that particular time.
In his concluding remarks, McMurtry joked that despite his success in steering the new constitution and charter into place, he and the other main players, Chrétien and Roy Romanow, soon lost their positions. This caused Chretien to reportedly remark, “I don’t think the Canadian people like the new constitution…Keep your head up, Big Roy.”
