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VOL. 80 PART 1 JANUARY 2022
keen on getting us a bill of rights when you yourselves don’t have one?”
Lord Denning M.R., who was a fan of the Commonwealth, a mentor of mine
during my pupilage in London as a young lawyer, and in later years a frequent
visitor to B.C., replied simply, “Vogel, you’re a troublemaker.” I took
this evasion to be a form of personal and professional acknowledgement.
Ed. Note: This article was first presented to the 20 Club by Mr. Vogel in April
2006. Shortly afterwards, D.M.M. Goldie, Q.C., who represented B.C. in the
Patriation Reference, sent me the following note:
1. Dick Vogel’s paper is an outstanding contribution to an interesting
period in Canada’s history. Very well written and of archival
importance. I must remember to congratulate him.
2. As a tail piece: the provinces won in Newfoundland after losing in
Manitoba but after the Quebec election René Lévesque swung over
to the provincial side. Despite the strong indications that Mrs.
Thatcher was committed, a delegation was sent to London immediately
after the argument in the SCC concluded. I was “volunteered”
by Peter Lougheed to go along with Yves Pratte to see what
could be done.
3. I do not recall being told by Gardom of Dick Vogel’s activities but
we did see the Kershaw Committee’s no. 2 man I believe. We had a
lunch with a man from the Foreign and Commonwealth Office
whose lips were sealed despite Pratte’s efforts. Eventually, of
course, the exercise came to an end but for counsel it had been a
stimulating period!
ENDNOTES
1. First Report from the Foreign Affairs Committee, Session
1980–81. British North America Acts: The Role
of Parliament Together with Appendices thereto; part
of the Proceedings of the Committee relating to the
Report; and the Minutes of Evidence taken before the
Committee on 12 November in the last Session, and
on 3 and 10 December, with Appendices, vol. 1
First Kershaw Report, para 6.
2. Ibid.
3. Ibid at para 17.
4. Toronto: University of Toronto Press, 1982.
5. First Kershaw Report, supra note 1 at para 18.
6. Ibid at para 1.
7. Ibid at para 4 (italics in original).
8. Ibid at p lxxxvi.
9. Ibid at para 3.
10. The Queen v Secretary of State, 1981 4 CNLR 86;
and see quote, (2006) 64 Advocate 207.
11. Telephone report, 23 March 1981.
12. First Kershaw Report, supra note 1, vol 2, at 102–
114.
13. Telephone report, 26 March 1981.
14. Re Resolution to Amend the Constitution, 1981 1
SCR 753.