Major statement

According to the evening talk-radio host, with his curiously late-on-Friday press release, “Danny Williams is making a major statement here.”

Indeed, he is. As Professor Hogg writes in his Constitutional Law of Canada, 2nd Edition, chapter 11:

In [the 1947 Letters Patent constituting the office of Governor General of Canada] by clause 2 the Governor General is authorized “to exercise all powers and authorities lawfully belonging to Us [the King] in respect of Canada”. This language undoubtedly delegates to the federal government of Canada the power to enter into treaties binding Canada.

Even without an express delegation of treaty-making power, Canada’s achievement of full independence would necessarily carry with it the power to enter into treaties, and in the absence of any contrary constitutional provision the power would be located within the executive branch of the government which represents the country as a whole, namely, the federal government.

Therefore when the Premier says, as he did on Friday:

While Newfoundland and Labrador fully supports improved trade with the European Union, any actions taken in that regard must address priority areas of concern for the province said the Honourable Danny Williams, Premier of Newfoundland and Labrador. In particular, the province is extremely hesitant to allow the Federal Government to head these negotiations, given past actions that question their commitment to issues of importance to the province.

he is saying that the province is “extremely hesitant” to be bound by the fundamental law of the country, namely the constitutional distribution of powers. He is saying that the province is “extremely hesitant” to be bound by the Constitution.

Yip. That’s a major statement, alright.