Top court to investigate alleged judicial meddling in 1982 Constitution

The Supreme Court of Canada says it will investigate allegations that some of its members intervened in the repatriation of the Constitution.

The high court's decision came after urging by the Parti Qubcois government for Ottawa to "open its books" on the events that led to the repatriation of the Constitution by Pierre Elliott Trudeau's federal Liberals in 1982.

The call by Quebec Intergovernmental Affairs Minister Alexandre Cloutier on Tuesday came after the publication of a book that alleges Supreme Court of Canada magistrates interfered in the political process and engaged in backroom discussions.

The judiciary "cannot interfere with the political powers that's the basics of democracy," Cloutier told a news conference Tuesday.

A spokesman for the Supreme Court indicated Tuesday the court is concerned by the questions about its credibility and feels it necessary to investigate.

"The court attaches great importance to its institutional independence and to the confidentiality of its deliberations," said Owen Rees, executive legal officer for the court, in a statement obtained by several media. "It is reviewing the content of these allegations."

Allegations of information leaks

The book, which was released Monday, was written by historian and journalist Frederic Bastien.

Bastien writes that Bora Laskin, then chief justice of the Supreme Court, provided information to the Canadian and British governments on the discussions between magistrates about the legality of repatriation.

'It [shows] just how far prime minister Pierre Elliott Trudeau was ready to go and what means he was willing to use to force the Constitution down the throat of Quebecers, gestures that are extremely serious.' Alexandre Cloutier, Quebec Intergovernmental Affairs Minister

Another high court judge, Willard Estey, also secretly advised the British government in 1980 that the Supreme Court would address the issue, the author wrote.

Bastien suggests that both jurists violated the principle of separation of executive and judicial powers. Bastien's information was gathered during eight years of digging through documents, including British Foreign Office archives.

All provinces except Quebec, which was then led by sovereigntist premier Ren Lvesque, endorsed the Constitution in 1982. Two attempts to bring Quebec on board since have both failed.

Cloutier said the new allegations are troublesome in that Quebecers not only had a Constitution imposed on them, but also because judges named by the federal government allegedly intervened in the case.

"It also shows just how far prime minister Pierre Elliott Trudeau was ready to go and what means he was willing to use to force the Constitution down the throat of Quebecers, gestures that are extremely serious," Cloutier said.

An irked Cloutier said the subject matter discussed was very sensitive and Quebecers deserve to know the truth about what happened.

'Constitutional coup d'etat'

Cloutier wants the federal government to make public all the documents relating to the repatriation and "discuss what really happened."

But the request was dismissed by Ottawa.

"I understand the PQ wants to reopen the constitutional battles with Pierre Trudeau's former Liberal government," said Carl Vallee, a spokesman for Prime Minister Stephen Harper.

"We do not intend to play in that movie, we will remain focused on what really matters to Quebecers, Canadians: jobs and growth."

Premier Pauline Marois vowed the Quebec government wouldn't stand idly by in the face of Bastien's revelations of what he describes as a "constitutional coup d'etat."

The matter will be discussed by PQ ministers during their weekly cabinet meeting on Wednesday.

The Liberals' new leader, Philippe Couillard, has said he's in favour of reopening talks on the Constitution.

Liberal MNA Jean-Marc Fournier emerged from a party caucus meeting and said repatriating the Constitution without Quebec's approval was a missed opportunity at Canadian unity.

Fournier said if there was judicial intervention, it would be troubling and he would expect the federal government to be transparent in the file. But he questioned what opening the books would change now.

The leader of the CoalitionAvenirQubecechoed that.

"They (the allegations) raise questions, but what does it change in the lives of Quebecers?," wondered Francois Legault. "I also want the information, but I can't see that it will change much."

Quebec AM's Susan Campbell talks to the author of La Bataille de Londres, Frdric Bastien: