Well, Yes and No

Mixed blessing for Trudeau

The dark-walnut-paneled Ottawa courtroom was packed with government lawyers, bureaucrats and a few curious law students last week as the nine black-robed justices of Canada's Supreme Court filed in to deliver a historic verdict on the country's future. When Chief Justice Bora Laskin began to read, there was a moment of confusion. A special sound system failed, and his words were barely audible to a nationwide television audience. But the impact of his message was clear enough. At the end of a five-month courtroom fight between the federal government of Canadian Prime Minister Pierre Trudeau and eight of his country's ten provinces,* the court had come down on both sides, prolonging once again a 54-year struggle over power sharing that at times has threatened to tear apart Canada's relatively loose political confederation.

At issue was Trudeau's long-held belief that Canada requires a stronger central government and, in addition, a constitutional charter of rights guaranteeing equal freedoms for all the 24 million French-and English-speaking citizens, regardless of local jurisdiction. Both of Trudeau's aims are hotly disputed by the provincial premiers. They jealously guard the extensive powers granted them in 1867 by Canada's founding British North America Act, still held by Britain, which is the basis for Canada's self-government. Among other things, the premiers fear that Trudeau wants to impinge on such provincial areas as education, natural resources and labor regulation.

Trudeau finally decided to bypass the premiers, asking Britain to add his charter to the B.N.A. Act and then give authority over the document to Canada. The British were willing in principle, providing the Canadian Supreme Court agreed. In its ruling, the court said that Trudeau could ask for the B.N.A. Act. But it also ruled that any prior tinkering with the act would flout unwritten constitutional tradition unless it went hand in hand with "at least a substantial measure of provincial consent."

Trudeau promptly proclaimed the judgment a victory. So did the opposing premiers. Trudeau intends to press on. He has invited the premiers to consult one more time. If that fails, he might send a request to Westminster to release the amended act, and challenge the premiers directly. The battle is far from ended.

*Alberta, British Columbia, Manitoba, Newfoundland, Nova Scotia, Prince Edward Island, Quebec, Saskatchewan.

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