Prime Minister Stephen Harper should make former Supreme Court Chief Justice Bora Laskin’s papers public because they likely contain valuable information on Canada’s democracy and the repatriation of the Canadian constitution, says Bloc Québécois Leader Daniel Paillé.
In an interview with iPolitics, Paillé said Harper’s government has a “moral obligation” to open access to Laskin’s papers sitting in Library and Archives Canada.
“What is sad in that story is that the one who should be making those documents public is the Harper government,” Paillé said in an interview with iPolitics.
“What seems to me to be the saddest thing is that Mr. Harper refuses to make public uncensored documents that would allow Quebecers and Canadian to know the truth.”
While Laskin’s son and daughter have the power to grant access to their father’s papers, Paillé said they probably weren’t aware of what they might contain.
“We can invite the Laskin family to help Quebecers and Canadians to shed light on those events now that the family knows that there is information in the judges documents that is very important regarding the respect of democracy and the respect of institutions.”
Paillé’s comments come following the revelation by iPolitics that Laskin’s personal papers, including his correspondence and several files on the repatriation of Canada’s constitution, are being stored at Library and Archives Canada.
Library and Archives Canada issued an income tax receipt in 1991 in exchange for the donation of Laskin’s papers.
The papers, which have been sitting at the archives for more than 20 years, could shed light on whether Laskin provided insider information to the Canadian and British governments about confidential Supreme Court deliberations.
However, Laskin’s children are refusing to grant access to their late father’s papers.
While the photos and architectural drawings in the Bora Laskin Fonds are open to the public, researchers need written authorization from Barbara Laskin or her brother, Ontario Court of Appeal Justice John Laskin, to access the estimated 15 metres of documents.
Bora Laskin’s role in the repatriation of Canada’s constitution was thrust into the spotlight in April after a book by Montreal historian Frédéric Bastien suggested Laskin had improperly revealed information from inside the Supreme Court’s deliberations to both the Canadian and British governments.
Bastien’s book, based on documents he unearthed from the British Foreign Office’s archives, says Laskin disclosed to the British and to Prime Minister Pierre Trudeau’s government that the court was divided on how to rule on the question of the legality of repatriating the constitution without the consent of all the provinces.
The decision by Trudeau’s government to repatriate the Canadian constitution in 1982 despite Quebec’s objections has long been a political hot potato in Quebec. More than 30 years later, Quebec has yet to sign the constitution.
Bastien’s book quickly set off a firestorm of controversy across Quebec including a unanimous resolution adopted by the National Assembly, calling on the federal government to provide access “to all information contained in its archives and call for all light to be shed on the events that led to the proclamation of the 1982 Constitutional Act.”
New Democratic Party Leader Thomas Mulcair has called for an independent investigation into the question. The NDP did not respond requests for comment Wednesday.
During a visit to Quebec City earlier this month, Prime Minister Stephen Harper dismissed the idea of throwing open the federal government’s filing cabinets from the period, saying people are “fed up” with debate over the repatriation of the constitution.
However, Paillé says the documents in the Laskin archives are important.
“We have seen, according to Mr. Bastien’s research, that those documents probably have information on democracy, namely on the separation of the judiciary and the executive branch and on the respect of institutions – notably the independence of the Supreme Court.”
Original Article
Source: ipolitics.ca
Author: Elizabeth Thompson
In an interview with iPolitics, Paillé said Harper’s government has a “moral obligation” to open access to Laskin’s papers sitting in Library and Archives Canada.
“What is sad in that story is that the one who should be making those documents public is the Harper government,” Paillé said in an interview with iPolitics.
“What seems to me to be the saddest thing is that Mr. Harper refuses to make public uncensored documents that would allow Quebecers and Canadian to know the truth.”
While Laskin’s son and daughter have the power to grant access to their father’s papers, Paillé said they probably weren’t aware of what they might contain.
“We can invite the Laskin family to help Quebecers and Canadians to shed light on those events now that the family knows that there is information in the judges documents that is very important regarding the respect of democracy and the respect of institutions.”
Paillé’s comments come following the revelation by iPolitics that Laskin’s personal papers, including his correspondence and several files on the repatriation of Canada’s constitution, are being stored at Library and Archives Canada.
Library and Archives Canada issued an income tax receipt in 1991 in exchange for the donation of Laskin’s papers.
The papers, which have been sitting at the archives for more than 20 years, could shed light on whether Laskin provided insider information to the Canadian and British governments about confidential Supreme Court deliberations.
However, Laskin’s children are refusing to grant access to their late father’s papers.
While the photos and architectural drawings in the Bora Laskin Fonds are open to the public, researchers need written authorization from Barbara Laskin or her brother, Ontario Court of Appeal Justice John Laskin, to access the estimated 15 metres of documents.
Bora Laskin’s role in the repatriation of Canada’s constitution was thrust into the spotlight in April after a book by Montreal historian Frédéric Bastien suggested Laskin had improperly revealed information from inside the Supreme Court’s deliberations to both the Canadian and British governments.
Bastien’s book, based on documents he unearthed from the British Foreign Office’s archives, says Laskin disclosed to the British and to Prime Minister Pierre Trudeau’s government that the court was divided on how to rule on the question of the legality of repatriating the constitution without the consent of all the provinces.
The decision by Trudeau’s government to repatriate the Canadian constitution in 1982 despite Quebec’s objections has long been a political hot potato in Quebec. More than 30 years later, Quebec has yet to sign the constitution.
Bastien’s book quickly set off a firestorm of controversy across Quebec including a unanimous resolution adopted by the National Assembly, calling on the federal government to provide access “to all information contained in its archives and call for all light to be shed on the events that led to the proclamation of the 1982 Constitutional Act.”
New Democratic Party Leader Thomas Mulcair has called for an independent investigation into the question. The NDP did not respond requests for comment Wednesday.
During a visit to Quebec City earlier this month, Prime Minister Stephen Harper dismissed the idea of throwing open the federal government’s filing cabinets from the period, saying people are “fed up” with debate over the repatriation of the constitution.
However, Paillé says the documents in the Laskin archives are important.
“We have seen, according to Mr. Bastien’s research, that those documents probably have information on democracy, namely on the separation of the judiciary and the executive branch and on the respect of institutions – notably the independence of the Supreme Court.”
Original Article
Source: ipolitics.ca
Author: Elizabeth Thompson
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