Vol. l FIRST

SECTION PRELIMINARY UNEDITED TRANSCRIPT HOUSE OF ASSEMBLY FOR THE PERIOD 3:00 p.m. - 6:00 p.m. WEDNESDAY, MAY 19, 1982 No. 8

~· .J May 19,1982 Tape No. 368 ah-1 The House met at 3.p.m. Mr. Speaker in the Chair. MR. SPEAKER (Russell): Order, please! The han. President of the Council. MR,MARSI!At~·;. MF· Spe<1ker 1 pwsu<:)nt to an ' ' agreement PY mH~ua+ consent, the mempers of ~pe • ., • , ' • .. 1 ' : • ::. Opposition have consented today to forgo rrivate Member!s Day and the normal routine of business for the purpose of discussing a matter of urgent importance to lhc people of Newfoundland.

I might indicate,Mr.Speaker, that there will be a motion debated with the consent of the House this afternoon which the Premier will give notice of,but I do wish to note as well that the official Opposition,when we approached them this morning,had indicated that they had comtemplated a motion of this nature. So, Mr. Speaker, the agreement has also been th<1t the normal Private Member's Day,which would have been held today, there will be an extra Private t1ember 's Day next week to replace this particular one 1 if the Opposition so desires. MR.SPEAKER: ·rhe hon. the Premier • PHEMIEH PECKFORD: Mr.

Speaker, I do not know how to begin. MR. NEARY: The same motion? PREMIER PECKFORD: Of course. Mr. Speaker, today we hn"" learned that the federal government has unilaterally referred the question of the offshore dispute to the Supreme Court of Canada. SOME HON .MEMBERS: Shame~ Shame! PRmHEH PECKl •'ORD: 'T'he Governm"Dt 0f Newfoundland is shocked beyond comprehension by this arrogant and cowardly act. 787

' .. fll'4! May 19, 1982 Tape 369 EC - 1 PREMIER PECKFORD: The Government of Newfoundland has clearly put its position on this mat·ter. We LJ.ro eager to negotiate based upon putting ownership aside during the period of negotiations and permanently if an agreement is reached and from the January 25th proposal that we presented to the federal govern~ent.

Given that the federal government refused to res~ond to our January 25th proposal and the fact that it was unclear what answer the court would give concerning the SIU case earlier this year, this government embarked upon two specific courses of action to protect the vital interests of the people of Newfoundland and Labrador. One, we referred the matter to the Supreme Court of Newfoundland; two, we called an clec tiun on l:lw issul' l<l (jC t Lhl! v j l'WS of tlw 1 H.•op It: of the Province. We now find that the Government of Canada is blatantly ignoring these two actions.

Never before has a federal government ignored the legitimate rights of a Supreme Court of a province to adjudicate on a matter of such importance to that province,and never before has a federal government so arrogantly dismissed the expression of opinions of a people of a province on an issue which so greatly affects them. It is an action that one would only expect from a foreign hostile power and not one from a national government which is supposed to protect and nurture equality and justice throu0hout the Janel. our most valuable resource, the fishery, is now totally managed by the Government of Canada.

We witness daily secret deals - MR. NEARY: On a point of order, Mr. Speaker. MR. SPEAKER (Russell): On a point of order, the hon. the Leader of the Opposition. 798

May 19, 1982 Tape 369 EC - 2 MlL NEARY : I hate to interrupt the hon. ge ntleman, but what is it we are debating in the House no~1, Mr. Speaker? We do not have a resolution before the aouse,so what is it the Premier is talking about? AN Ji'ON. MEMBE R : We are into Statements by Ministers. MR . NEAR¥: ~ beg your pardqn? Is it a Hinisterial Statement or what is it we have now? MR. SPEAKER (Russell): Order, please ! PREMIER PECKFORD : t~r . Speaker, 1 am leading up to the introduction of a very important resolution in this House in a couple of minutes . MR . NEARY: No, ~tr .

Speaker, we either have the resolution or we do not . There is nothing before the House right now. MR. MARSHALL: Give him the resolution and then go on . PREMIER PECKFORD: I give notice, Mr. Speaker, of the following resolution:

WHEREAS the offshore dispute is presently before the Supreme Court of Newfoundland; AND

WHEREAS the Government of Newfoundland is eager to negotiate a settlement based upon putting the ownership aside for the length of the negotiations, 798

May 19, 19e 2 i'ape No . 370 M.l - 1 i>RF.1HER PECKFORD: and permanently if a set tlement is reached and based \tpon our January 25th prcp~sal, \olhich is fair and reasonable; BB I'I THEREFORE P.ESOTNED that this House :10 on recon ·15 condemming the action o! the federal gcVtHnment;. to refer the me: tter directly to the Su?rcme Court of Cet.ada; AND BE I'J' PURTHEF. RESOLVF:D t.~ot this House go on rea:>rd as ~llin·1 1.1oon the fe,ler<~l t;ov('rnM•~nt :.u ~,.turn to the nc•;utjut.in11 "J!J lt.• on the basis put forward by the Govern~rent of Newfounclanci. " SOME SON . ~~ERS: Hear , hear!

PRE~ !E R PE CKF ORD: Is that in orcer? Sm!E liON . ME'.M.AERS : IIC .:tl", l1em·! ~~. S i'I::l\KI-:R ( ~~~::~ ~!! 1..: l'h•. rlt,l i ' rinds l h· .· 1 L'::O lui I till I I> be in order and certainly feels it is a 111-:1tter of urqent im~ortance req~ir~ng i~~ediate debate . .1 recognize ~.he hon the Pre:nier. PREMIER PECKFORD: Thank you, ~r . Speaker. _ M:rt. \-:1\RRE:-J : Lea rn the t>arl ian:cntarv system. f:..._---!.. , _ _. .... ,,::,ON : Shut up ! NR . SPEAKER: Order, please! ?RE!>IIER PECKF'ORD : Mr .

Spc::ilker, I '·"oulcl like: t~) l>c heard in silence and .i would app=eciate it 1.f the hon. :nembc:n· !'ot• Torngat Mountains would be quiet . "''•<lY I"C !1;:1\.-,, !e;ll'l101i, rlr" , ~[lt'\1;,(·1·, t;hat thr> fcucrn1 <luvertwlt..:nt lhlS Ut:il.Jter-<lll y rct\.•rc·~d tht' q\1CST.iOn ~)f the offshore dispute t.O the ~UfJ!"o:!mC t:ourt qf Cil!1.'li!,l. And may I say, we have learned about it ::1H'01.Jg'h t!'lc m?sT. insidious, insulting ~1ay possible to any govcrnm(>nt that eve,· cal.ec .i.tself a (!Ovcrnmenl of Lhe t'rot•\·i~ce of ;l:cwfuura.Hnnu .

They did not have the cout·tcsy to 1ct the r.-t">vernll' .:.>nt: oi Ne·.-.'foundln.nd, just; :-t~~ly elected 1dth sixty one per cent .. r Uw fi •J 0

!I May J9, 1982 Tape No. 370 MJ - 2 PREI-1IEH 'PECK FORD: ------- popular vote and forty-four seats out of fif ty--bolO, but had the audacity and the insulting behavior to inform the Liberal party of Newfoundla nd first and then asked for a meeting with the Minister of Justice (Mr . G . Ottenheimer) an hour or two afterwards .

Now that is how we !earned about this very important action, that somehow they think they have the right as a federal government to insult the people of Newfoundland and the Government of Newfoundland . 1-Jhatever a nybody wants to think of the Government of Newfoundland or the people who compose the Government of Ne\o~foundland ,at kost th~y shnuld of had the dcccn<.:y <.tnd the courtesy as a national government to inform us directly and in the first instance on a matter of this importance for this Pro vinc e and £or the country as a whole . SOME HON. MEMBERS: Hear, hear !

PRF.METR PECKFORD : 1\'e are shocked beyond comprehension by this arroga nt and cow:ardly ac t. lve have clearly put our position on this matter. We are eager to negotiate based on putti ng 0\vnership aside during the period of the negotiations, and· permanently if an agreement is reached , ana fro.m the January 25th proposal that \ve presented to the federal government . Given that the federal government refuped to respond to our .Tnnuar.y 25th propo:;nl nnd the! fact that it was unclear \vhat ans1•er the oourt woul <' C]i ve 8U1 .·

May 19, 1982 Tape 371 PK - 1 PREI>!IER PECKFORD: concerning the SIU case earlier this year 1the government embarked upon two specifics courses of action to protect the vital interests of the people of Newfoundland and Labrador. We referred the matt<.·r· in the first instance to the Supreme Court of Newfoundland. Secondly, we called an election on the issue to get the views of the people of the Province. We now find that the Government of Canada is blatantly ignoring these two actions. Never before, Mr.

Speaker, has a federal government ignored the legitimate rights of a Supreme Court of a province to adjudicate on a matter of such importance to that province. And never before has a federal government so arrogantly dismissed the expression of opinion of a people of a province on an issue which so greatly affects them. It is an action that one would only expect from a forciqn, hostLle power and not one from a national government which is supposed to protect and nurture equality and justice throughout the land. Our most valuable resource, the fishery, is now totally managed by the Government of Canada.

We witness daily secret deals being negotiated without as much as consultation, in which thousands of tons of this resource are being given away to other countries while Newfoundlanders go without work and a fair chance to be productive. Surely this is ample evidence to justify our request for joint management on such a large and potentially damaging development as the offshore oil and gas, completely beyond the fact that we have special legal claims to the resource in any case. A f; '/

~ ' May 19, 1982 Tape 371 PK - 2 PREMlER PECKT:'ORD : Newfoundlanders and Labrad orians have '"a tched in bewilderment the struggle of tts pr ovi ncia l government over the past th ree year s to have the people here have the same rights to transmit electricity in Canada as other Ca nadians have always enjoyed in the trans­ mi s-sion of pil 9nq '.la s. ~!hat other Canadians enjo y by right becomes a right [o_r Canadians livi ng in Ne111 foun dland and Lab ra dor.

And now we witness attempts by others to block the hard '"on concessi .on made by the federal government to introduce le gi slation which will make us equal in this matter of energy transmission. 'rhroughollt the past three year s, through DREE agreements to the CN Dockyard, Newfoundlanders have be en treated unfairly and as poor cous ins in this Confederation . We will fight , Mr . Speaker, this latest action 8U3

May 19, 1982 Tape No. 372 SD - l PREMIER PECKFORD: with all our might. This latest attempt to deny Newfoundlanders a fair share of the wealth which providence ~as placed at our shores means that Newfoundland will never have a chance to be equal and hence proud Canadians. <1m askinq now fo1· unani111ous consent of the resolution teat I just presented to this hon. House. The Government of Newfoundland has planned and announced a cerrnony to celebrate the new Canadian Constitution and the enshrinement. of our 'l'crms or Union in that Constitution on Thursday, May 20th, 1982.

In light of this hostile action to the people of Newfoundland this cermony will be cancelled to protest the action. SOME HON. MEJio!BERS: Hear, hear. PREMIER PECKFORD: In its place we declare a provincial holiday for tomorrow, May 20th, a day of mourning to demonstrate our objection to this arrogant and unfair act by the Governnent of Canada. SOJio!E HON. MEMBERS: Hear, hear . PREMIER PECKFORD: Now, Mr.

Speaker, while the rumours were floating around in the last forty-eight hours about the supposed action or potential act of the federal government on t.his nattcr , we haLl ussumcd Lhat obvious I y if the federal government was going to try to take this issue directly to the Supreme Court of Canada that they at least wobld have, nUmber one, the courtesy and the decency to iriform the Government of NewfoUndland and Labrador -which I have already said they refused to do. And Mr.

Chretien had wanted - I think be called earlier this morning or his orfice called curliL'l" Lhis mo1·ni!lcl to indicate to our Minister of Justice (Mr. Ottenheimer) that when he got in town at ~welve o'clock he would call SU4

:..! t-tay 19, 1982 Tape No . 372 so - 2 I'HJ·:~III.:H I'J·:<.:KI·'OHD : Lhc Njnistcr of ,Justice, Mr. Ottenheimer , supposedly to inform him of an action that the federal government was about to take. So Mr . Ottenheimer, the Minister of Justice , left a meeting of caucus and went to his office to wait for the call, a call which never arrivccl until aro).lncl 1:30 or l: 45 when a secretary from ~1r . Chretien's office called to say that Mr. Chretien would like to meet at 3:30 . Then the next word we beard was Mr.

Cretien had made the announcement without informing the Government of Ne wfoun dland and Labrador, and after consulting with the outside of the House Leader of the Opposition (Mr. Stirling), who then indicated the position of t.hC' r.ibcrnl Party of NewfoundJ.1nd on the m<lttcr before the Government of Newfoundland wa s even informed about what was going to occ ur or what had been announced . Now the methodology, Mr . Speaker, cannot be anything but condemned as callous and small. What other word can you use - SOME HON . MEf>tBERS : Small and cowardly .

PREI'HER PECKFORD : - to describe th~t kind of way to deal \vith a legitimately elected , democratically elected government which represents over 60 per cent of the popular vote of this Province? 8iJ5

May 19, 1982 Tape No. 373 NM - 1 PREMIER PECKFORD: It is cowardly, it is insulting, and every other kind of phrase that one can imagine. And then, Mr. Speaker, we had considered that, okay, methodology is one thing, insulting us as they have done over ~1e last few years on numerous issues is one thing; the other thing was what was it the federal court or the federal government was going to actually do, what were they going to do?

And of course we assumed, and I think that it was a fairly valid assumpt.i.on,that they were qoinq to refer the l]UI.'Sti.<ll\ of ownership and jurisdiction over the mineral resources on the Continental Shelf to the Supreme Court of Canada, that they were going to refer the question of ownership and jurisdiction of the mineral resources on the Continental Shelf off Newfoundland and Labrador to the Supreme Court of Canada. That would seem to be the logical thing to do.

And of course our arguments there are twofold and we had amassed - we did not have to amass them because we had been making these agruments for quite some time,that,number one, we have had a proposal on the table from January 25th., which the federal government has never answered, a Canadian proposal, a fair and reasonable proposal to solve this log jam, this legal log jam and get on with develoiJing the mineral resources 011 the Continental Shelf. So it was really from our point of view a silly thing to do because we are waiting to hear back on the proposal that we put on the table.

The only reason we went to our own court in the beginning was we were not -sure what the SIU case was going to turn out like in the federal court, and it could have turned out to mean that it went on to the Supreme Court of Canada without the Supreme Court of Newfoundland adjudicating at all. So we could not taku that chance so we referred it to our o~m court to be totally covered. Otherwise we would not have been totally covl, reel. Bu6

May 19, 1982 Tape No. 373 NM- 2 PREMIER PECKFORD: Imagine for a minute, Mr. Speaker, that the federal court did rule on the SIU case and included the ownership,which the federal government tried to get them to include, 'l'hen we would have been cancelled out . from •.mr court having the chance to hear it. So we had to r.·

c) to our own court. 807

May 19,1982 Tape No. 374 ah-1 PREMIER PECKFORD: We were forced to go because we could not t.'ll<e a chance on the Federal Court saying that the ownership h~~ nothing to do with the SIU case because on the off chance that it cid then our court would never get u chance to adjudicate on it· So we were for·~ed to do that. So the number or:e re;:son,we had a propo<;al an the table that we still want tc- negotiate.

The other reason was that the Feceral Government of Canada would never in .its wildest dreams refer thi~· qucst.Jon of n1·mrrship and j;trisdiction of the miner,ol resources on the Continental Shelf to the Supreme Court of Canada when at. the same t.ime another court of C<.u 'da, the Supreme Court of Newfoundland,was already appris~d of the issue an~ was asked to a~judicatc upon it ~y another legitimate government in Canada, the Government of Newfoundland and Labrador.

So even if they ignored our proposal of January 25th,which they have done, which they have done completel;r -- there is ::wt a word in writing or verbally in response to that reaso~able proposal. As I indicated on the TV debate during t~e election,everybody has stayed away from it like the plague because it is such a good prop~sRl , Mr.

Sp~Rkcr· It is a la.i.r reasona~.Lc prujJOSLll which <liv"s to C,Jnucla J sl!cltl' of the resources and the revenues from day one and qives to Newfoundland a fair share of the revenues from day one, and at the same time allows both governments together to manage it through a joint board keeping all the thorny issues into a quasi-judicial board which could handle it and make sure that the development neve:::- got stopped by some sm;} ll matter between one gove:::-nment or the other. ~here was no way that the Federal Government of Canada would ever jn its wildest d:reams refer the quesb on, O<•mersh.ip and jurisdiction of the mineral resources on the Continental 8i.i8

rotay 19,1982 Tape No . 374 ah-2 PREMIER PECKFORD : Shelf off Newfoundland to the Supreme Court of Canada while another court ,established bv : ·,e federal qovernment and the provincial government, anot!~er court of Canada was a 1 ,..eady ready to hear the case and had it referred to it .So lvhat could the federal government do? What could they do? We waited for the last forty-eight hours and,as l say,we were not ipl•lllnt•d unlil cve•ybody <'ISe wa:> ~nfO~Jilcd , un<! what qo we find, Mr . Spea~er? What pas the federal ~ overrunen~ done? And it is a joke , Mr .Spea ker . It is a joke .

We have all heard that Newfoundlanders are too green to burn . But, Mr . Speaker, what have they done? We got the telex at four minutes to three from the Prime Minister, part of the telex and the rest is to follow later, the information . 809

May 19 , 19 82 , Tape 375, Page 1 -- apb P~~IER PECKFORD : • ·~at hav e they done? Have they refe rred the question of ownership and jurisd ict ion of the mineral re sources off Newfoundland and Labrac!or to the Supreme Court of Canada? :-Jo, t:hey have not, because , Mr . Speaker, tncy kno·,., th,tt th<:y 1~uld be attacking the nor~~ and legal process of law followed in this count.ry since lSG7 . l':lut Lhc~ · have gone through the back door. They have gone through the back door to do indirec:r.ly what they kno\<." they cannot d~ directly. SOME HO N. MEMBERS : Hear, hear ! SOME BON. MEMBERS : MR.

PECKFORD : hand, ~tr. Speaker . Sha11e ~ Shame !

Oh what a slig~t oi h"hat a trick , '"hat a slight l)f hand do we have here with this Canadi3n Government, a slight of h.a:;d to try to sa~ to Canadian s as well as Ne wfound landers, 'We;; r~spect tht:! process of l<H•. l'i'c will not put the ownt'rJ;hip ot." Lhc l~in• .'J.,tl rc::;.,ur··•:~: off Newfoundland and Lab'Cador to the .Supreme Court of Canada '"h ile it is in the Supreme Court of Nev1fouud lund , ~1e will ju st put the question of vlhO own s Hibernia .' SOME BON . ~1EN3ERS : PREMIER PEC~FORJ : a joke ! ~Q!:!~~MB£~~-: AN HON • Mffi ·1B ER : Hear, hear ~ Wha-: a joke ! l~ha::.

Clh, oil ! ~~ere is Hibernia? PREHIER PECKFORD : Give t:hem a medal, ~~ Speaker, gi~e them che comedy special of the vear. Who are they trying to fool? 1 would 1 ikt• to knt•W \-'hat some of these Supn.'me Court jlitl\jcS and the lcq,11 experts around Canada think of that jo~e . I ~~u1d like to know who is going to be insulted the ~ost, ~lhether i 1: is Nco~:foundl:mdcr s and r.abt·odorian!': <lnd Canadians Eroo coast to coast, or whether it is these r1n

Hay,l9,1982, Tape 375, Page 2 -- apb ~~eMJ~EC~FORQ.:_ people who are well learned in the law . How are they going to look upon this slight of hand? Are they going to look upon this joke upon the people of Canada and the people of N<.'\,•(ound l.utcl :lllcl l.nhr.1clor? Mr. Speaker , in the last two or three hours in contemplating the actions that the federal government could take, vie were tipped off by a number of reporters in Ottawa and Toronto that they wer e going to delineate the question to include just Hibernia, and we laughed at it. Mr . Speaker, we laughed at it. We could not believe in our wildest dreams that thi s would come true , that they 8 11

May 19, 1982 Tape No. 376 NM- 1 PREMIER PECKFORD: would try to do through the backnoor what they know they cannot do through the front door. And they have. They have got tne audacity, the unmitigated gall to do such a thing. How can a court of Canada rule on Hibernia without ruling on who owns the offshore, pray tell, Mr. Speaker? How can they do it? But it is more insidious than that. Tt more i.nsidious th;m thut­ Because what is at stake here, Mr. Speaker, is some~hing called the National Energy Programme of Canada. That disaster, like the budget, that disaster which has proven-Mr. Clark and Mr.

Crosbie got defeated in the House of Co1nmons because of eighteen cents and we have seen thirty or forty cents since under a Liberal Government. And they enunciated a national energy programme which was supposed to see n<Jtional self-sufficiency in oil and gas by 1990. And they laboured in ignorance as the Alsands project was being developed, and the Alaska pipeline project was being developed, and they waited by Rome or Ottawa or Canada burned, until it was too late to save those meqa-proiects. And what has hatJpened now, Mr. Speukt•r?

On Llw bLJck~j ur LillY NL'WI OUilc.llctllU LllL'Y Woilil lu try to resurrect their aims and objectives of a national energy programme. SOME HON. MEMBERS: Hear, hear: PREMIER PECKFORD: They cannot do it to BC, Mr. Speaker, for two reasons~ politics,and they do not have the energy. They cannot do it to Alberta because of politics, economics, power and a man colled Peter Louqhbcd. They cnJmot do it in Saskatchewan or Manitoba because neither have the resources. They cannot do it in Ontario or Quebec, or New Brunswick or PEI, or Nova Scotia.

Suddenly we were blessed with some resource which could make us half decent in Canctda, Oi/

May 19, 1982 Tape No . 376 NJ.I - 2 PREmr ·:n PECKFORD : and now we find on the altar of ;t naltonal cncrqy pr oqr_1 mme propoqated by P1:ime Minister 'l'rud euu, that they are going to try to sustain their aims and objectives and their well being in Central Canada on the backs of Nc•w found landers and Labradorians . Not likely , Mr. Speak er , nol likely . SOt-lE HON . ~IEl'lBERS: Hear, hear~ PHI!:Mli;:R I'ECKVORD: \vha t a co wardly way to deal with pc o pl~ who live in Newfoundland and Labrador . A propo sal on the table since January 25th ., which they- NR . HISCOCK: Yes, take it or leave it .

PREI-1IER PECKFORD : No, it was not take it or leave it . ·rhat is not take it or leave it , Mr. Speaker . SO~\T>: liON . MEMBERS : Oh, oh ! I'H1 ·:~111 :1~ n :n\1 \)IW : 'l'.tk ... • i l or I cave i t:! r have toJd -- ·-- - -- Mr . Trudeau myself , cyebal1. to eyeball , and our Energy ~linister (Mr . Marshall) has told the Energy Minister in the federal government (r-lr . Lalonde) that 0 i 1

Hay 19 , 1982 Tape 377 PK - l PRF.M!ER PECKFORD: --·------ this is <1 conceptual document from which tote lotish to negotiate . SO.'-m HON. MEMBERS : Rear, hear! PREt-IIER PECKFORD: That is what we havr"' told chem . .\sa rratter of fact, Hr.

Speaker, for the first: time I shall disclose that during the economic summit in Ottawa I had che cpportu~ty by accident because the Prime Minister has re!used through direct. invitations of mine and through indirect invitations of mine through his friends to get a meeting with him perso~ally 1 so I could sit down as Premier of Newfoundland '"'ith the Prime Minister of Canada and discuss chat proposal,which was refused directly and indirectly. Ts it . n lllnth.ll't" r r h•· di ,' not approve it; i.neirectly . , ..:ould not <JCl a mceti:1q •,.;it.h him. I still cannot.

Bu~ I ran into him accidentally in a room, only he and I, :or ~bout seven minutes, and the Prime r.tinister sat down next to rne, because we were about to have a meeting on econom1c strategy behind closed doors \vith the other l?rem;).ers of Canada, ami 1 said to the Prime Minister, T sai<l, "Prime Minister, Sir . I know you are a busy man, you are busier than r am, you are Prill'e Minister of Canada and I arn only Premier of a small Province, Newfoundland and Labrador. But, Sir, have you had a chance to look at what is going on throu· •! :•r .

Kirhv ""'l the- other people who ,,,.c paJ"I· ,.r t-h~ nc..:qoti,1tions, Mt. Ccm,•n and t.hcm?• "No;· he said, ''Brian -I th Lnk the courts h<.~vc got to decide". I said, "Mr . ?rime Minister there is a way around this that can save us al l time. This is a throny. difficult probl ._,, . It can be solved. Have you s;.:cn our proposal? I know you are busy, I know you are rending a lot of stuff. ~'"''- have vou haJ a chanc-e to .ust r}h:an thn~u.rh it, scan throuqh it?" "No,' he said,"T have not: ;;;ec.-n it." . "'\1/cll, Sir,'' 1 said, ''1 • . .;ould really, really commenc i you to n.~a11 L!l.lt . Gt~.t

.... : Mily 1?, 1982 •rape 377 PK - 2 I' HEM II·: I( I'I·:<.:K i"O l<IJ : -- ·- -- --=---:_____,; ~- Jocumcnt." J said ," It is not written in stone. It is not written in stone. There are princiole _s in there which we believe in 1 but ,.,e would like to start. We get ownership out of the way so never again can either one of us tear it up . We are willing to sit down on that proposal and look at it. And do not forget, Hr . Prime Minist!'!r, \ve pave already agreed t? a trigger point . In other words, we agreed right from day one that revenues go to Otta~a , and reve~ues come to St. John 's.

And that somewh~re down the road as we pecome up to the Canadian average, we will get less and you will get more . That is in the document , Sir. And I would really lik~ fo r you tn look ~t that, Sir, and Tam ~v~il~ble to talk to you about it ." "Well, I do not know ,'' he said "about that . Al l I know", lt..: 3ai~, "is \.,.e can do a deal \vith Nova Scotia,''he said, "or it looks like we are going to be able to do a deal with Nova Scotia . We cannot do anything with you fellows ." But I said, "Prime Minister, you have not looked. We have a di-~erent , particular circumstances.

It is not my faul t I was born when I was. It is not my fault that Newfoundland came into Confederation . It is not my fault that Nevtfoundland was a Dominion status. These are thing s which are 8 I 5

May 19, 1982 Tape 378 EC - 1 PREMIER PECKFORD : historicaJ facts and we have to look LJt them that way." 'I do not know about ~hat,' and he got up and left. And I implored him to sit down and look at ·that document, and I do not know if he did or he did not. But I have tried personally, Premier to Prime Minister, to sit down with the gentleman and discuss that document as forming the basis- not every letter, not every conunn - hut forming the basis, saml2 kind of framework in which we could begin to develop the offshore. And they have refused. And they have not to this day, Mr.

Speaker, made one comment in response to that document. And here we are now today watching a federal qovc•rnmcnt play out its il.>nd 111 the crudest kind of politics possible before the people of Newfoundland and the people of Canada and trying to do through the back door what they do not - they , know they will be into all kinds - they are ']Oin9 to be in just as much trouble. I do not know who they are trying to fool. They are not fooling us and I do not think they will fool the people of Newfoundland or the people of Canada and, Mr. Speaker, may I add, the Supreme Court of Canada.

I do not think anybody is going to be fooled,because the Supreme Court of Canada cannot rule on that one area without impacting upon the who:e qUestion of WhO has ownership arid jurisd.ictio1i over l:hc orfsiiorc tniucra1 resources. our propo~al is reason~ble and fair. Mr. Speaker, beyond that, beyond the way that they have acted and our responsible attitude in return,they are trying to go through the back door to do this. I mean, the larger question looms hauntin~ly over every Newfoundlander and every community in Blfl

May 19, 1982 Tape 378 EC - 2 PREMlER PECKFORD : Newfoundland and every bay from Nain down to St. Shotts over to Cape Ray and on up to St . AnLhony , looms over this land and that haunting spectre looms over us that there is absol utely under Cod no \~ay for this people in Ne\ •rfoundland and Labrador to come close to, let aloqe be equal to the rest of Canada unless and until t-J1ere is an access to a pool of ~even~~ Qraquating downward qnd the Canadian revenue graduating upward over time unless that is available to us to do it . There is no other way, Mr . Speaker , as I have said so often in this House, there is no other way to 8 '17

May 19, 1982 Tape No. 379 so - l PRE~UER PECKFORD : provide a chance for Newfoundlanders and Labradorians to have their day in the sun, to be able to say to their sons and daughters in Croque or Triangle or Francois or Southeast Bight or Petit Forte - rather particular and relevant - to come close to the opportunities and services which lllcv legitimately desire and request ilS good CancHliilns unJL!sS we can get our paws and our hands on a legitimate amount of revenue,which by chance and by some stroke of luck has been available to other Canadians on their resou~ces since Canada became a country in 1867.

We can argue therefore, Mr. Speaker, about the methodology of the Canadian government and how they have <:tppr:-o<Jched getting in to the Suprcml~ Court of Canada without even having the courtesy to let us know what they were going to do. And we can debate the merits or demerits of the proposal put on the table by the Government of Newfoundland and Labrador to which there has not been one iota of response. i\nd then th.irdly, Mr.

Speaker, and almost as importantly, we can discuss and debate and dialogue over the future of this here land, and whether or not we have just got ·to keep closing out places, sending people hither, thither and yon to look for a job to keep themselves alive; whether it is possible within the division of Canada that Pierre Elliott Trudeau has and Mr. Lalonde has, who they did not send down here, by the way, arid Mr.

Chretien has, whether their vision of Canada allows for people in Newfoundland to feel proud and that they are contributing to the great Canadian whole like 7\lberta has been able to do and Saskatchewan has been able to do and the other provinces who llc.1vc lldd r-t~~·;oul·cc~s, ~lnll\t~linW we· hdV(' qol to pursuade the powers that be throughout this nation that A ·1 A

!: •. Mi.ly 1 g I 1982 'I'ap e No. 379 so - 2 I'P.EMILR PECKfORD: what this Province and the people of this Province are asking for is fair, equal treatment, sharin g from day one,but which will at least give us the vision or the hope or the optimism that somewhere down that qrei.lt tunnel there will be a day when we can stand up and say, yes, ~e are materially contrib~ti~g to Canada and have the' opportunities to grow, the oppor):l.lni tie? B ·1 9

May 19, 1982 Tape No. 380 MJ - 1 PREMIER PECKFORD : for equality of services~ the opportunities available to our younq people are equal to those of the rest of Cunada. What <1 shame it is riqht now: What a shame, what a tragedy it is even riqht now the· i nc~q11a I i t·.y within our own Province. It is incredible, the inequaJ ity within our own Province, within one bay to another bay, the inequality in educational services and health services and roads and water and sewer. The other day in this hon. House the Minister 0 f gducation (Ms. L.

VPrqc) pu.ssc•d ~llonq tt' rut• a document that the Ministry of Education has been involved in for the last three years and it deals with the grade four classes all over the Province of Newfoundland and Labrador and their level of skills as grade four students in St. ,John's, and their level oF skills in Focro ann St. l\n ~hony. lln<l you talk about Canada and the inequalities within Canada~ The level of ability of a student in Croque and or in St. Anthony or in Goose Cove, as a grade four- they are in grade four- and they are no more in grade fm;r compared to what the level of skills is in St.

John's than I am equal to - whats I do not know what. The inequality within our own Province because of inability to be able to preform through revenues, to give people the facilities in those communities so that their skills - that started in 1979, ! think, 1980 and 1981. Now I know there ate cultural vaiues involved, I am not talkin<J about cultural values. I hope we keep them in those areas. And that is a very dynamic, you talk <tbout humun l"CSnllt"C<' beintJ tht! most iltlport.~nt_ rL'!!<llil"t.:c' W<' ho~v<·, Y"'' <Jtll 111 h.tv,• money behind that.

You got to have money and compassion and good strong educational leaderShip to bring that about and to ensure than throughout all of Newfound} and that these yo1!11'J people have an opportunity to have services av .. 1 i.l,Jblc tu tllt"!' f.l'Jn

May 19 , 1982 Tape No . 380 MJ - 2 PREM IER PEC KFORD: that brin gs them somewhere near the Ne\.,.foundland average and the Canadian aver age, somehow or another . Not to l'lcntion the roads and the water and sewer ~ n d tlw ot lH 'r o!:)pnrtunities. It is incredible, Mr. Speaker , it is absolutely incredible, It amazes me beyond measure that 1"e have been able to as a province to sust ain the principle of equality and sh aring as lonq as '"e have .

I guess everybody wu>; .1mnx~d at. tlw lo~:~L t•lt'!ctinn <:~ nd its n:sull:s . tn the last four or five days I was not amazed oecause I had access to information that othe r people did not have access to, 30 I was not amazed a·t the results in the sense of the context in which I was sayin g it . But I am amazed that there are so mnny N1•wfou nd.lnndC'rs .md T.ilhrador i:ms , 1321 /

May 19, 1982, Tape 381, Page 1 -- apb PRE."l!ER PECKFORD : 1.;ho, 1-'hile they huV1..• no l·lork, who \vhile they have unequal services and opportunities are still willing to stand up and say, 1 By the Lord Harry, .t-1r. Speaker, r.tr . Ottawa, ~1r . St . JOh!'l 1 s, and Hr, Everyone else, are v.re ever going to brcok <JUl of thjs cych! 1"c .1rc- in?' And ~~illing to vole without having half of this or .,·ithout h<lving a job. Fantastic! 1\bsolutely fantastic! SOME HON . ~ffiMBERS : ~ear, hear ! PREMIER PECKFORD: Mr. Speaker, "l people deserve a chance . 1\ people deserve a chance .

Who can ever, who can ever look intellcctuallv and ,.,.ith any degr~e of coiM1on sense at th~ dockyard or at the DREE agreements that are outstanding? \fr.o can with any degree of common sense look at the other interprovincial, intergovernmental things ~o:it!'l the federal ()ovcrnmcnt over the lusl whJ h ,111d nol he <lm\lzcd i.ll Lhc:.ir l..:~ck o( ~..·omp.tS!:Ilun ..tml ~vtn!J.llhy Lt• a people who want to pull themselves up by their o~om bOot straps and con~ribute back into Canada? Who can but be amazed at the way we are treated on fisheries? Absolutely incredible, Nr .

Speaker, the way we are trea~ed on fisheries and these secret deals that arc going on and yet we go back for more . And yet we go back fot more. 1\nd even though ~e were not informed about '"hat was going to happen, t.l-te Minister of Justice{Mr . Ottenheimer) - until we found out that suddenly the Liberal Party was also invol Vl!U Ill i L ·IIlii Lh<• L Uwy h-rd .llt <'• 'd~ · .11111<l;lll~'<'d something, I mean, that was ~nough insult as it was. It was only aft.cr t.hat tha .. we communicated to ~tr . Chretien, at two minutes to three, or t1o10 minutes aft•~r r1??

1L May 19, 1982, Tape 381 , Page 2 -- apb fF-E MIE~ _f_!:CKf..Q!3!)_: three that we would have great difficulty entertaining him . We had no difficully, or \ole would not say we had any difficu~ty entertaining him for all the ot her things for the last two or three days; in not informing us first as a lJ'WC' IOOif 'nl. , or ,\fl nthC'I tlip1Pt11;1LiC sli!Jhl~ t-hnl they performed upon us. We took it an swall9wed it for the . ' sake of fair play anq common sense. We cou~d not take that final ins~t to us as a government after coming through an election and fighting an e~ection on the issue .

So here we are today , Mr . Speaker, as the Legis~ature of Ne1vfoundland and Labrador , faced with an uncanny trick, a trick to try to qet their hands on ~ fantastically valuable resource which should be shared among all Canadi ans, knowing ful~ well they cannot go to the Court of Canada saying, 'lvho has jurisdiction and ownersh ip ovt'r the! ofCshotc.:' ' 'It il; .tlriuhl Judy<! , boy, we will just put it in under Hibernia '. Six hundred million dollars the other day 8 2 ·~

May 19, 1982 Tape No. 382 NM - l PREMIER PECKFORD: to the Imperial Oil and a few more of the consortium to do more work in the Beaufort Sea_ l!ow much have we hec1n1 ;-)bn11 t the Beaufort se.J over the last [..:w years"? Now the pconl'~ are getting on to it, the energy analysts in Canada and the companies themselves ,are getting onto it. 'rhey might have 500 million barrels of oil up there, submarginal, and then they have to try to bring it down to Central Canada without int:er­ ferring with the environment and being respectful to U1e native peoples and the aboriginal rights that they enjoy.

And the bluffC'ry thut we have lll'iln! from Nov<1 St•olid UVl'r- t lit' 1.1!>1 couple of years! You pick up some papers sometimes up in Toronto and Montreal you would swear that Nova Scotia had Hibernia and we had Sable Island, not the other way around.

That is a strange, strange occurrence, as I said on the campajgn so many times, when 1 look 3t what. is huppcntuq in Nova Scotia and they talk about 2 trilLion, and perhaps 3 trillion cubic feet of gas. 1\nd they might even get the 4 trillion cubic feet of gas, and some day it might be marginal, or it night be economic and they are goinq to develop it, and so much the be·tter for Nova Scotia. But the way in which they picture it, this golden egg that Nova Scotia has.

And when you look at it we have 2 trillion or 3 triJUon cubic feet of gas that we have to burn off in order to get at 2 billion barrels of oil. we have to burn it off, we have to burn off what Nova Soctia has got to get at the valuable resource.

And you get sometimes from our bwn people making statements that suddenly we ;:,.re qoinq to lose out on this, wu -.~rc qo.i.uq LrJ LJS!: oul oil Lllul llct:dLWL! ul ,;umu L>lusl.l'r·y :;l<ill'­ ment of half trut:, uttered by somebody who is lookinq for more money to put in their own pocket. 1\nd then half of us are goinq around believing it, "Well, boy, is that reaLly true<' Old man, they got something up there in Nova Scotia. ls that really true?" is the question. Of course it is not true_ Il Ls B 2 {I

t-1ay 19, 1982 Tape No . 382 NM - 2 PREt4IER PECKFORD : a half truth perpetrated by those \vho wan t to continue to put us down so that they ca n exploit more at our expen se , so that we continue to be the poor cousD1s of Confederation, and continue to be expl oite d for somebody else 's benefit , while we are then the quaint people ~n Newfoundland as espou ~ed py those middle class and upper middle class people of Toronto and t-lontreal and everywhere else .

"Oil, you IMv u lJO L a 1vonuer ful Province down there ." "'Have we ~ Very good ~ t~hy do you not drop down for a 1~hile and just see how we are being treated down here? " It is a lovely Province as long as we are continually pipinq the resources up there so that they do the manufacturing and all the rest on it . The last of the Newfie jokes , the last of the New fie jokes . A wonderful place down there , As long as we stay the way we are , a wonderful spot.

And then 1-.1hen you kick up your traces, when you kick up your traces at1d ask for the same kind of things that they fought for - Ontario itself fought for for years 02S

May 19,1982 Tape No. 383 ah-1 PREMIER PECKFORD : on their boundaries and on their resources. If "0 '1 look into the legal hist:ory o t: Canada you wonder if you arP. talki11g to the ricJht people or not - and •,Then yo 1· r.ick up your traces and ask for the same things ·hat they .)Skeel for thirty yl"ars il<JO you are selfish. ' Nha:: is ~"t·ong l·lith )'OU boy? You "lr:e <Jreedy. You want: to much. You are Gulka"lizing Canada." That l.!.i a t:onderfu1 word that, 'Balkanizing'. That is the one t~a Prime ~inister ctsed. ·'You are going to. split up Canada: What Canad.J.?

A Ca:~ada out or the mold o( a:1 inl .~lloct who bel J<..:v.:s h some kind ot republic in 11hich he has all the po wer? 'J'hat is what it seems like to me , unilateralism at its worst. Ho1.; come we got a Canadian constitution today, Mr. Speaker? llo1o~ come? It :.s not because of Pierre Elliot Trude Du but in spite of him, because there were some people in canada - SOME liON . MEMBrms : PREMIER PECKFORD : SOME HON .MEMBERS : PREt1lER PECKFORD : llc.J.r, he<tr ! - who sto od up to him .

He~r, hear ! ~-:e stood up to t:hat view, to that ~arrow • riqid view of Canada which dictates thot sorM:how ot· nt hct· ;oil thinq:: ll!ll t:l rnt It<• :.round the centre and no"' and then a Ee1·: t:rumbs slip out t:o the extremities . Now ~1e c~n <1ll argue intellectually and philosophically about political experiments on this planet. we can all do t:hat . You kno~'· if ~'e could all start all over again how wonderful it \vould be and what a different r,;ay we 1.:ould mix our political powers.

But: that is for peo~=ole "''hO want to examine their bellybutton at length and get large grants f ~om the government. to do so. l happen to live in Lhe real world and I happen to recognize and be sensitive to the developments o r m.mJo .nu since 1067 nn th<: Nort lwr n 026

..!. May 19,19 82 Tap e N o. 383 ah-2 PREMIER PECKFORD : part of North ~merica. And things have happened and people have grown and we have evolved a political experiment called Confederation,for goo d or for ill .and you cannot change it overnight or at any time 1 the political 8i7

May 19, 1982 Tape 384 EC - l PREMIER PECKFORD: mix and balance of powers and cultural diversity and geography of this place, And therefore you have to recognize that if we are going to continue - now the United States has had a different experience, a very much different experience, and a lot of blood has been shed over it; and Australia, Germany, France and so on- that ours is what it is and therefore you have to go that as your base and then try to develop mechanisms to reflect what is and why therefore,a balanced federalism, one. which we have outlined in our White Paper on the constitution,which was essentially the Canada under the constitution that we have now and enshrininy our Terms of Union so that there are still some powers in the provinces as well as some powers at the federal level.

And this issue remained outstanding. We wanted it considered at the time. We pushed for it to be considcced u.t the time to have it n•sn l·v~·d, uml <l L 1 the provinces of Canada agreed, Mr. Speaker. They all agreed with us. We had all the provinces of Canada agreeing on this question of the offshore. For the sake of what, Mr. Speaker? We agreed, as did other ?rovinces. B.C. was strong on a revitalized senate, Manitoba was high on the Supreme Court and so on.

We, good fellows that we are, generous people, we dropped the issue of the offshore, shared management in the fishery, hydro trans~ission, off the constitutional table for the sake of Canada so that we could get a Canadian Constitution, with the understanding that when we had the consti­ tution here in Canada, and we had no more dealin<_rs with England, we could negotiate ourselves as Canadians those still outstanding issues like offshore, 02A

r-tay 19, 1982 Tape 384 EC - 2 PRE~Hr.R PECKPORD :_ 1 ike aboriginal rights and all the rest of them . And every gave - give and take . And we have gone out of our way since then to try to make it not a constitutional thing but to try to solve it through negotiation, bearing only in mind that we are nurrher t~n in Canada, half the per capita earned income of average Canadians , to give us a ~~ance to . . . catch up . But after we catch up, all t~e rules and regulations that apply to everybody else in Can ad a applies to us too . But there must be a catch-up . But , Mr .

Speaker , for the public record , would you believe that some day somebody is going to say , 'You mean to tell me the Governme nt of Ne \vfoundland in 1979 , 1980, 1981 and 1982 were talking about catch-up? They are a crazy crowd 8 2~

May 19, 1982 Tape 385 PK -l ?REMIER P£CKFORD: because L~ey are even asking for a percentage of oil and gas in the first year tess than Alberta and ~askatche~van and British Columbia got v1hen they started their development. They are a strange breed. Ho1·1 can you catch up if you are <roinq to g~t less than oLher provin<·t•:; .wn• 'lt·l 1 in'l7' That is our good Canadiani sm, ~lr. Speaker, co:ning out. C1R. WARREN: PREI'1IER PECKFORD: coming out. t•IR. BAIRD: the nex·t election. &_-q RON • MEt-ffiER: gone before ~hat. 50lo1E HON • MEMBERS: They an: all leaving.

That is our qood Canudl.mism You will be gone after He tnighc be. Oh, oh! PREt-IIER PECK FORD: So, Mr. Speaker, all we can do .is the Government of NC\~ foundlam: S;ty to t.li0 m•o:1l <' of NC111foundlund o111d to tht• pl~oplt! or Cutlildd ( llill we will IIHP every legit.i.mate ~easure at our disposal to fight this initiative ~y the federal qovernment. The National Ene~gy Programme cannot be saved on the backs of Newfoundlanders and Labradot·ians alone.

We are not just suddenly going to bail them out becau!. now suddenly they ar0 in trouble and because of that 111c~ have to sacrifice our c:tance t.o be equal on that great national programme. Everything being equal you would be able to jum!> in and say. 'Yes, '"e got to ;,elp Canada and Ke have to save the self-sufficiency by 1~90.' But not ott the backs of Ne\,•foundlanders 1 which Hill mean that we ~·I ill have no opportuni t.y in the future to become equal :i.n services or ooportun:i.ty 01· empLoyment I •·v•·l •. N<>l on ..yom· lill'· \"l1• "''"''' '"'' b,·l I ··1· 111.111 that. You are \ISing us.

You ace abusing us. l\nc:1 \vC must stand up and fiqht it. 03(1

~; May 19, 1982 Tape 385 PK - 2 PREMJ~R PECKFORD: So tomorrow will be a day of mourning a,nd a provincial holiday in the Province of Newfound lan n ani'! Labrador . We have cancelled aut constitutional C<'rcmon)·. Wt_• h.1d il <.:·'l ltC.:u:> l: n i.; lltrH·nittt l, we \oJill be having Cabinet meetings and caucus meetings over the next couple of days · <Jnd we will be announcing further • ! ' initiative s that \ve intend to take to object to this unilateral, arrogant, cowardly mov~ by the Federal Government of Canada.

And we will leave na stone unturned t o ensure some day that sun will shine and have-not will be no more. Thank you very much . SOME HON. l'lEMB'ERS: Hear , hear! MR. SPEAKER (Russell) : The han . Leader of the Opposition . SOMP. FION . MEMBERS: Hear, hear ! - - ·--------- J'11L NL•:f\JW : Mr . Speaker, fir st of. all let me set the record straight as far as the meetings with Mr . Rompkey and Mr . Chretien today held during 0 3 'i

May 19, 1982 Tape 386 EC - 1 MR. NEARY: lunch time. Let me set the record straight for the benefit of the hon. gentleman who just took his seat, who seemed to twist that around somehow or other as being a devious act on the part of the Government of Canada. Let me assure the bon. gentleman, Mr. Speaker, that this meeting came about as a result of a telephone conversation that I had last night with Mr. Rompkey.

Hhen I heard the rumours around the floor of the House of Assembly yesterday afternoon, I becume very concerned about this matter, ancl T ini ti.;:ttccl t lH· meeting wi::h the two federal Cabinet ministers. It was our caucus who initiated the meeting and the initiative was not taken by Mr. Rompkey or Hr. Chretien. I am sure the hon. the Premier or the hon. the Minister of Justice (Mr. Ottenheimer) or the bon. the Government House Leader (Mr. Marshall) could have done the same thing. Mr. Speaker, I asked for the meeting and both ministers agreed to meet our caucus.

I am pleased to say that we had a very interesting discussion indeed. DR. COLLINS: A pleasure indeed! MR. Nl•:/\I<Y: MJ. :;\'<~ilk<•t , Olll- sidt• <J,IVt' the hon. the Premier an opportunity to speak in silence and I hope the other side will do me the same courtesy. The federal action, Mr. Speaker, was inevitable and inescapable and unavoidabl~ in my opinion,because of the action that was taken in the Newfoundland court by the arnninistration here in this Province. SOME HON. MEMBERS: Hear, hear! MR. NEARY: It wos inevitable, Mr. Speaker, 032

May 19, 1982 Tape 386 EC - 2 MR . NEARY: and all that has happened now is that the federal government has shortened the amount of time that it will take to get this matter settled . Because the matter, once ruled on in the Newfoundland court, would eventually end up in the Supreme Court of Canada in any event. So n0\11 by referring the matter directly - AN HON. MEMBER: It does not make any difference . MR . NEARY: It does make a difference . By referring the matter directly to the Supreme Court of Canada it shortens th e rout e, but nevertheless, Mr . Speaker, we deplore the action of the federal government. SOME HON. MEMBERS: Rear, hear! 8"1 .) ,

May 19, 1982 Tape No.3S7 SD - 1 MR . NEARY : We disaqree 1>"ith their decision to take unilateral action in this matter. But we were told during the mcctinqs thilt the han . rr~micr rcf0rrod to, wt' were told that the federal government are prepared to stay at: the bargaining tal>le ur:til <1 negot;ia::ed scttleme:1l .is compl~te. So ~-;e hope, Mr. Speaker, chat negotiations '..Jill resume as quickly as possible bec.:tuso t:hi .s !"arty has always stood for a negotiated settlement. lve fee~ . that. Newfoundland owns the offshore resources. MR. HrSCOCK: t:::aitors. MR .

NEARY: The:y 1vill probably ca1 J us Yes, ~tr. Speaker, that is co erect. \ole feel that there should be a negotiated settlement. And we know from tr.e discussions we had today with .t>1r. Chretie-n, who is ,:J man th<:t I respect il ·n·c,tt tk.ll, Mr' . Sp._:;tkcl·, ltL! .r:.: ..t f iqlll.t•l ,wd Ill! i:; d t;lt>II•J lllilli::l .vr a very strong minister, so we hope that negotiat:~ons will res~e as quickly as possible. But having said that , I feel somewhat like the Secretary of the United Nations here today who is trying to negotiate peace between Great aritian and Argentina .

I feel like the Secretary of the Un~ted Nations,who must be ir. a very di[ficult position when he is trying to 'JCt the tv;o parties t~ ncyotiatc on a peaceful solution to the situation 1n the Falkland Islands when one side appeurs to havt.> clcclJred 1,•ar and, after declaring war, says that we are prepared to sit down and negotiate peace. So I feel somewhat i:t that posi .tion llldc1y, .~1r. !~pc•,lk•·r . ·i•hc'":•· 1110~1 r"c•c'•'nl d<·V··Inprrr••nl :: 111 the matter of our offshore resources are a turn Eor th~ worst in my opinion .

They arc very unfortun.1t:c indct.;d and have hardened positions ,as far as I can see or· bot! 1 sides of this dispute. And, Mr. Snrdker, to tist~n ~' the hon. the rn;::~i~r speak . folJowi·•q his r (:h L< , ;~s very cJ.osel y, he ..... ould try to leave the lm!Jrcssion, tl1c 63t

Mil y 1 9 , 1 9 8 2 Tape No. 387 SD - 2 MR. NEARY: hon. Premier would try to leave the impression to members of this House that only one side is to blame for the difficulties that have arose in the negotiations. Mr. Speaker, in my opinion neither side is withopt blame. Both sides, both the federal 03~

May 19, 1982 Tape No . 388 r-:.r - 1 MR. S. NEARY: and provincial governments ,in my orinicn, !·lr. Speaker, d~senTe to be ch.1stisecl and scornNl fnr l:lw w.:1y they ll<tvt• h IIH1l••d these negotiations . Both side, Mr . Sneake .. , arc to blc.un~ for ·l sit:ual" ion 1~hid1 CPill J h·•Vt' ht•••n n•so 1\'lHI in tlw ·J!lCi<.•nL and gentlemanly art of what is commonly known as negotiations . Tt m,ly v~r'/ H\.!11 be, Mt·. ~;!-H.'.IK<'r, that histor1ans will look back on these developments with mms~t more than any~~ing else because of the juvenile mann~r in which both sides have behaved .

The underlining theme of this issue, Mr. Speaker, sin~e iL beyan bctwc~n these two levels of governnent, has been that I ..... ill not give an inch because you will not give an inch,and neither side gives an inch because they both believe, somehm: or other, Hr . Speaker , that po 1 i tic<:~ 11 y the-y w i.ll look we ilk one! i I 1 prcpn rc<l t.o ca rTy uul tiH.•ir n~Hpvt:l ivt• dul ·i··~· ollld Ill<'< I Uwi I' lo':'Jit't"l ivt• ,,.,,,."n::ihi IiI 1•• : in this reqard . In my opinjon, Mr .

Speaker, the only form of punishmer.t for the pollticlans '-lh<> have been invr :Jvt'cl in these negotiations, on both sides of the table ,is that they should be treate~ the same as you treat a child who ill;behaved: They- should be Sf:anked and sent to bed without their supp<.·r . Now, Mr . Speaker, I say this not to lessen the imr.ortanr-e of this rlltltt.er but to i.dc nti fy thC'i r responsibility in these talks and the behavior of the participants and how they have acted in bi1d faith and th~ behavior of spokesman of both sides in these neqociations. Mr.

Speaker, it may seem a matter of v1ho feels they <tr<' looldnq ."'lft<'r lhci1 · c·on:-;tilupnl :: best . 836

May 19, 1982, Tape 389, Page l -- apb MR. NEARY: At each turn of the dice, Mr. Speaker, it would seem to us that members on both sides of the bargaining table are treating it more like a threatre, like a political theatre for posturing, more than they are in attempting to act in good faith to tr y to bring about a Jllc':JO~~cl~ccl sctllcrnent. Both levels of • ' ' I : government, Mr.

Speaker, in my opi~ion, have fai+ed to negotiate in good faith, especially those who have been put up as spokesmen for both sides, and who have established a climate in which it was virtually impossible for talks to succ ·eed, or even to be held on times. The very essence, Mr. Speaker, of the word 'negotiate' implies that each side will give a little. If that were not true 1 then, Mr. Speaker, negotiations would never take pl.lCl'. Why would <lnyl>ody want to ncgotiu.tc if you knew that the other side was unwilling to budge, or you knew at the outset that there was nothing to be gained?

Why would you want to sit down and negotiate? Now, Mr. Speaker, that is the current that has been the situation. It is the current situation and we hope, Mr. Speaker, that it will not continue, it will not be the ongoing state of these negotiations. I submit to this House that the problem is chronic and acute and it never gets any ~ better, Mr. Speaker, as the events unfold. It never seems to get any better. It seems, as a matter of fact, to get getting worse, and both sides, Mr. Speaker, as I attempted to point out, are jointly responsible for the present state of affairs.

It is their duty, it is the duty of the federal government and of the 837

May 19, 1982, 1'upe 389, P;:~gc 2 -- ,1pb MR. NEARY: provincial government to negotiate in good faith with a view to reaching an negotiated settlement. Their duty, Mr. Speaker, is not to destroy talks, but to go out of their way as individuals, and collectively, to build these talks into 1vhat ultimately wilJ be a foir and just sc·ttlc·monL for the people of this Province and for the people of Canada. 838

May 19, 1982 Tape No. 390 NM - 1 MR. NEARY: The provincial government broke off negotiations and set up pre-conditions for the renewal of negotiations. Now, Mr. Speaker, is that fair to lay down pre-conditions for the renewal of negotiations? A!il HON. MEMBE~: That is not ~rue. MR. NEARY: tt is true, M~- ~pe~ker. Wou~d that set a climate for £air negotiation~? fair negott~t+ons, Mr. Speaker, in my opinion 1begin without pre-conditions. You go to the bargaining table with an agreed

schedule of talks and you attempt to negotiate in good faith, and not with guns held to each other's head, Mr. Speaker, before the talks begin. This government, Mr. Speaker, broke off negotiations with Ott~w~ ~nd then called a provinci~l qencral 0lection. They wanted to seek a further endorsement of their actions from the people of Newfoundland and Labrador. ~lthough, Mr.

Speaker, we have said and we believe on this side of the House that this action on the part of the administration was unnecessary as they had a mandate to do what they wanted to do- they had thirty-four members in this House before dissolution, as opposed to eighteen. They had a clear mandate-and so although we feel, Mr. Speaker, that that action was totally unnecessary and extremely costly to the people of this Province, never­ theless the administration was given a mandate in spades to renegotiate, or to negotiate,rather,with the Government of Canada. Yet, Mr.

Speaker, up to now it has done nothing with Utc.lt c~ssutallcc ;utd with t.hctL rnanclc1LC t:hat was qiven by the people of Newfoundland and Labrador to the administration. The people said, "Yes, we want a fair deal on the offshore. We want you to get this matter settled as quickly as possible'.' But up to now, Mr. Speakr·r, very little has happened 839

May 19,1982 Tape No. 391 ah-1 MR. NEARY: ;,ince r.hc cl cct.ion, sine(~ the April 6th election and the government were given the mandate. This government, Mr. Speaker, has not changed its position it had before the election, before it got this new mandate and,in my opinion,since the election has been negligent and derelict in their duty, in their commitment to carry out a promise to the people of this Province that,with a strong new mandate to negotiate 1 the future was secure. That was the hope and expectations that they built up in the minds of the people of this Province.

This Province also, Mr.Speaker, unilaterally decided to place the question of ownership of the offshore resources before the Supreme Court of Newfoundland c.m,J Labrador, eind Lhis was dunl.! nul !IIOT!Ients after they accused the federal qovernment of a similc.H move. Mr. Spea:-~:er, what we have in this House is the pot calling the kettle black. We have an administration that has already put the ownership question before the Newfoundland Appeal's Court. They did it unilaterally on a constitutional matter,as the han.

House Leader knows. 'l'he provincial government could have asked the Government of Canada to join with them in that action,which is customary in tradition in constitutional matters involving the provincial or federal government. There is ample precedent, Mr. Speaker. It is tradition, it is customary for any provincial CJ<>Vcrnmcnt,whcn they arc• t.ukinq cln action in a court on a constitutional matter,that they ask the Gov~rnment o~ c~nada td join w!th them ~n that action. MR.MARSHALL: It is not. MR.NEARY: Oh, do not be so foolish, Mr . Speaker. That is a statement of fact, Mr. Speaker.

MR. ~lARSHALL: (Inaudible) qo on with your speech. 84(1

May 19,1982 ;.m . \tlARREN: l'1R . NEI\RY : Tape No. 391 ah -2 ~h, ha , Willy Nilly . Mr . Speaker, l let the hon. Premier plow on th~ re in silence,and T would hope that the hon .gentleman would do me the same courtesy, Sir. MR.\t!ARREN : 1-tR . NEARY : lluiry Willy . So t~is Province unilate~a~y, without any reference to the Government of Canada,put the matter before the Newfoundland Appeal 's Court . And, Mr . Speaker, let me say this about that particular move on the:' p.11 L ol" thl' l'rovitH.:c: l•:vt'ry tl111c I hc,tr the l'rcmicr of this Province talk about the Newfoundland Appeal's Court you \~ould SHear that he was talking about a court where the judges \-'ere appointed 041

May 19 . 1982 Tape No . 392 NN - 1 MR. NEAR\': by the provincial governrr,ent, or that they would in some wny favour the provincial qovcrnmcnt. The Newfoundland ;\pJ>t:!<:h· <.:ourt is .:1 <:ourt <~ppointcc.l by lhc Government of Canada. !-\R . DA~·"E : Ontario . M..~. :-lEARY: t-1R . DAWE : MR . NEARY : let me repeat what I said t-~. NARREN : How naive can a minist er be . MR . NE:'i~Y : By Newfo~dlanders livinq in ! beg your pardon? By Ne\>'foundlanders - By Newfoundlanders. ~lr . Speaker, How naive can a minister be . The Government of Canada - tee Ne~foundland A?peals Court is a federal court.

""he ul>poi ntccs are made by the Government of canada. They .tre Ncwfoundl.tndcr:;. So that changes t~e situation. They are ~ewfoundlanders und they will not follo\.; the law , they will be pa triollc, they will be patriotic people, they will not follo,., the la'"' - AN HON. HEl-lBER : They will ColJ Q\-; the law . HR . NEARY : I beg your pardon? No, that is what the hon . l<iinister of Transportation (Mr . Dawe) is saying . If they \vere from Ontario or Quebec,what the hon . gentleman is sayinq,is that justice Hould not be done, or not even appear to be done . Y.R. ~~A.RREN: ~nat is what ~e is saying. HR .

NEARY : That is ~that he is saying. Mr . Speaker, the hon. Minister of 'fransporL.ILion (f.lr . D .. Mc) ts folh>wiJ•Y Ills lc<Jdcr'~> I till'. MR . WARREi '~ : MR . ~EARY : That is right . "Xes . Right on ~ Somehot~ or other they think they are going to get favou ritism in the N~l.;foundL'Ind Appeals Co urt . ~- t~ARREN: That is right. That is "'hat he said. 04L

/>lay 19, 1982 Tape No . 392 NM - 2 HR . NEARY : Mr. Speaker, the offshore case will rise or stand on its own merits - ~tR . ~·u, RRI ;N: He;:tr, hear ! !lear , hear! t1H . NEt\RY : - whether it is a federal court in St. John's or in Ottawa . !-1R. t\1ARREN: -- -- Right on ! M.R . :-lEARY: That is right . fu~ HON. MEMBER: You are right. MR . NEAf<Y : BUt that is not ~~hat the hon . Premier has been saying. The hon. the Premier, somehow or other . separates the two courts . He says that - AN !!ON . MEMBER : Did you say that? NR . WARREN: Oh, yes. Oh, yes . MH . NE/\RY: Yes, Mr .

Speaker. t-lR. 11/.l\RREN : Read Hansard tomorrow. Read llam ;,,r<l tomor row . MR . NEARY : Mr. Speaker, he leaves the impression loJith Newfoundlanders that they are two separate and distinct courts - MR . WARREN : The fighting Newfoundlander. HR. NE/\RY: - ~nd that we have a better chance in the Newfoundland Appeals Court than we have in the Supreme Court because tJewfoundlanders sit on the bench . f'II.R. CALLAN : He said that on national television. ~!R . HICKEY : You are saying that now. ·- -- MR. NARREN: Oh, listen to the social worker . MR . NEl\Ri': Nc>YJ, Mr.

Speaker , as I said earlier and I do not think I referred to the resolution yet- ~1R. ST .1\GG: That is an interesting question . MR. NEARY: I beg your pa rdon? MR. STAGG: An interesting question. 84 3

May 19, 1982 MR. STAGG: MR. NEARY: MR. STAGG: MR. NEARY: Tape No. 392 Where do you stand? Where do 1 stund on whaL' The ;uc'liciarv. NM - 3 Mr. Speaker, I have great faith in the judiciary of this country, the judicial system. I have great faith in it. MR. HISCOCK: Do you? -- ·-- -- - MR. NEARY: I do not always agree with the decisions that are handed down, but I can guarantee you this, and I am sure my hon. friend, the member for Stephenville (Mr. Stagg), would not question, or 0 4 t.

May 19, 1982 Tape 393 PK - l MR. NEl\RY: try to undermine, confidence in the judicial '3VStem of thiR q~c~t country. 11R. Wl\RREN: ----- · The black band will do you no good, boy. MR'-~7\J\Y: If pe did,· Mr. Speaker, t~e pon. geptlemap WOU~d do SO at his own perfl. We must not do anything to ~nder~ine the confidence in the courts qnq in the judicial system . And somebody pretty soon is going to get a tcrcific rap on the knuckles if they continue to do that, somebody in high places in this Province. So, Mr.

Speaker, the federal government is now arbitrarily doing the same thing that the provincial government did there a few weeks ago. 'l'lwy h<1vc tini latcJ-ally dccidc•d to put lhe ownership question before the Supreme Court of Canada. And as I said - AN HON. MEJ'.1BER: MR. NEARY: AN HON. MEMBF:R: MR. NEARY: ----~ What about Hibernia? Pardon? What about Hibernia? Well the question is Hibernia, which utimately will - once a decision is made on Hibernia t·hc·n yn11 <"illl lllill'k il: down lh.1t <lf'cision wil1 pr0Vilil throughout the whole country, wl~.'l.tever the court dr!cision is. Mr.

Speaker, as I said I would have preferred to see a joint action,either by the provincial government joining with the federal governmen~ or the federal government joining with the provincial government, if the matter was to be referred to the Supreme Court of Canada. The federal government consistenly,in my opinion, has been thick heaned and narrow- minded about these negotiations, and on times I would saYJ 845

May 19, 1982 Tape 393 f'K - 2 MR. NEARY: Mr. Speaker, totally irresponsible. But the whole theme of my remarks today, Sir, put both levels of government in that category ,bccause it has been shown beyond any doubt throughout these t:alks that both sides are equally capable' of cxtr.:wr· 1inLiry sell-dcfcat.inq )JUriJOS<~ and scop,;. 't'his Jcl:io 11 on t il t' !' .Ill <>I the federal government, today is totillly unnecessary and in my opinion stupid/ as it driv es th2 opportunities for possible resclution and settlement of this matter. 04R

May 19, 1982 Tape 394 EC - 1 MR. NEARY: to the outer limits of the universe. I was hoping up to today that both parties could return to the bargaining table and that we would get a negotiated settlement, but it would appear now, Mr. Speaker, that the positions are hardening, that the differences between both sides is looming larger ~tl the time. I sttll say, Mr. Speaker, qpd f was reassureq of thts today at the meettngs that we had at lunch time, that these matters have simple solutions. Both sides, Mr.

Speaker, should sit down in private, in isolation, and stay there until a settlement is reached, and accept the fact that negotiations mean compromise. Somehow or other the present Minister of Energy in this Province (Mr. Marshall) is paranoid about it, the fact that practically everything in life is a compromise. He interprets compromise as meaning that you have to give something away. He has no confidence in himself, Mr. Speaker. Mr. Speaker, the people of Canada need the energy reserves that we have offshore, that the oil wells off our coast will provide, and they need them desperately and they need them now.

It is a matter of national importance, Mr. Speaker. But, Mr. Speaker, let me go on. That is only one part of my statement. The people of Newfoundland and Labrador, Mr. Speaker, need the revenue that these resources will provide and they need it now. 'I'hey need relief from further tax increases, they need the cheap source of energy, they need 647

MA~ 19 , 1982 Tape No . 395 ·'1J - MR . S. NEARY : the industry, the spinoff benefits that this resour<"(' wi 1 J bri.nt;. 'fh(~y nee<l the clol1ars l:h;~t thi'S<' rr)S<>l.lf('I~S will l.>rin<r in r,_,,. our other inc.lustci.es sue!\ as the iis!':ery, !:he forestry, cl<!riculturc and so on. \ole r;eed the resource, the rc•vcnu~ ,to ct·eut:e ne•., jobs and we neec the security, Mr .

Speaker, that this resource \1/ill brin11 . 1\nc we nceJ, as the J>rcmicr keeps rend ud i nq u!; I equal it}', \o.~..he:-lt be financial equality, \o~hether it be the material things of life , whether it be somC! other form oF equality . But '1\e need , Mr. Speaker , t)U! resou rce to l:Y" dewlooo<i now , llnd not ten ot· [i ftl'cti yci:l I'S r!,,.,.n th..: !'u.ad . \·1·; cJnnol \-lai t.

The federal govermnent anc the Ne·.•foundland C..o\··~rnment in 11y opinion are <.Juilty and totully to bl arne for the delay in bringing up ~~is resource from the oce~~ ~loor and delivering its \vealth to tha pcoole of this r>rovince .:tncl n'" Canddil . 1'hc?>y •IP• <JIJill:y ;,•; dlo.ll'lrJd , 1·1 t·. ~~('l'.tkL'I, in Ill~' "I'IIIIPII ,.tltd to•li]llltllllll is nt)' •"- t bcli{'vc that the ownership of this rcsourct' is Ne;.;foundland and Labrador . Otta\~a believes it: bclonqs to Canada , Fine , \\e have a disaqreement, :~:::. Speaker, so l.:;t us negotiate .

I am goinc_; 1:0 tell the provinci.:tl government nm.; today , and the federal qovernn:ent no\~ toduy. how to cor.t~~ u<.~t of this asinine fiasco that they hal!e cre-:n:ed for thcmsc- I vcli. of: thei.c own m.;~kinq, of ho t·T they can come (•llt . nf this c:oth, sn·ussillq situation sroell ing like ro ses . I am going to tell both sides , Mr . Speaker, I a:tt c;oing to tell them both h011 they c-an mutual!)' Yedeem themselves from the face of scandalous and irresponsible and condemning dereliction of duty .

The very fir st str:p for both l"irl.•!: i!; lhtl l".hc•y :wkr .. o\~lt••lfJc' thc•ir !"l':iJI<•n::illility In thn people of Lhis country I l:ht;o p~·oph• in ~.•vet·y ;.ll·.,vi nc• • .m .: ter.ritor.y of this nation,and to t:hc p..:(Jplt~ 11l ' this l'rovlnec· to seek a just settlement ar:o s1·1ift dcvelnpH:<!nt:. O~H

May 19, 1982 Tape No. 396 so - 1 MR. NEARY: and quick delivery of this crucial petroleum gold mine laying off our coast. The people of Cil!1uda, 1: lle peop I c or Newf cmndl and and Labrador, are tapping their feet and twiddling their thumbs waiting for a solution. ll i:; l<>ll'i ov.,r.dlle, Mr..

Spt~C1kcr, and both sides must realize that the peo~le of CanR.da wi:)_l I}Ot wait forever )Je1=qre t9-king unilatera+ actton o~ their own. secondtY• Mr. speaker, boFh stqes must collect their thoughts on this matter and accept the fact that negotiations mean compromise and not set in concrete or set in stone 1 as the hon. the Premier reminded us this aften1oon. Lay down no pre-conditions or demands, set out and negotiate in good faith, Like every set of negotiations ever held in the history of bartering, Mr.

Speaker, you ~~ into negotiations with a figure in your head, an ideal you wish to reach,and then you try very hard to acheive t-.hilt iclc',-ll or rc<1ch thi1t fiqurc. nut i1S in every set of l1L'<J<l l i ,J t i.ons ever held, Nr. Speaker, you realize before you go in that you cannot always accomplish your ideal, you cannot always get that figure that you want because the other side also has ideals and fiqures set in the backs of their minds.

Sometimes during negotiations and in the process of compromise you come halfway, you come quarter way, you give here, you give there, you take a stand here, you are firm on this, you are flexible on that,but you keep the talks in motion, Mr. Speaker. You bluff, you do a bit of \ITheeling and dealing, you try e~ll tile t1·icks the~t you know,an<1 c:-vcntua.lly you c1ct a good settlement, a satisfactory settlement, you get a sett I cmc~nl, Mr. Speukcr, thut is sati.sf<tctory to both sides, to the people of this Province and to the people of Canada. Thirdly, Mr.

Speaker, both sides must accept the following principle as gospel~ it 848

May 19, 1982 Tap~' No. 396 SD - 2 MR. NEARY: is a principle by which not only good negotiations arc held but by which mankind mc\rr ::s U1n.>ur!h the universe with other men. The principle is that you <Jcknow] edge the oth•:r side, and that icl th0 '- S 5 II

May 19, 1982 Tape 397 EC - l MR. NEARY: acknowledgement of the other side you show respect for one another. Mr. Speaker, I ask that the Province of Newfoundland and Labrador respect the fact that Lit<' l<~d<-'rZll <JOV<~t-nmc'nt represents not only all Newfoundlanders but all Canadians in the other nine provinces and in the territories,and the federal government must bargain on behalf of these twenty- five or twenty-six million souls who live in this country.

I ask that the Government of Canada respect the fact that the Newfoundland and Labrador Government, the present administration, represents a Province of 560-odd thousand people who for the past 400 years have gotten the butt end of every shaft that was made and they are sick and tired of it and intend to change that historical pastime now for all. I ask both sides, Mr. Speaker, ln all sincerity that each is trying to get the best deal it can in the interests of the people and the provinces they represent, or at least, Mr.

Speaker, maybe I am being naive, maybe I am assuming too much, but that is the way that it should be. I ask both sides to acknowledge that we are all Canadians and I ask the federal people to remember that as Canadians they represent all provinces and that means they represent Newfoundland and Labrador equally as much as they represent Ontario, Saskatchewan, Quebec or any other province. In essence then, Mr. Speaker, as the Government of Canada negotiates with Newfoundland they should remember too that it is Newfoundland and Labrador that they represent. The sword, Mr. Speaker, cuts both ways.

I ask the provincial government to remember that all of the people it represents are 051

May 19, 1982 Tape 397 EC - 2 MR. NEARY: Canadians, that it is one of ·--- the provincial governments of Canada, that Prime Minister Trudeau is the Prime Minist.er C;J;

May 19, 1982, Tape 398 , Page 1 -- apb MR . NC:l\.RY : for each and every Ne~-tfoundlander and Labradorian, and that he should get respect as sttch . t ask the provincial government to remember that 1ve want a just settlement for the thousands of Ne~-tfoundlanders and Labradorians who are out of work , who need homes, \vho neeq medical care anq so on, and so on. B-q~ ~e also \•1<\nt a ju st settleme11t for O\.!r country a!'Jd for the citize ns of this · country in every p.rovince and in every territory .

I as k the provincial government l11 1 l'lllc.·niiJ~: r .i L i~ l'iln. ,d i.m .1nd, Lhur,~forc, h<ls <1 Canadian as 1ve 11 as a provincial responsibility . Mr. Speaker, I cannot do more today as a Newfoundlander, and as an elected member of this Rouse , o! this Legislature,tban to urg~ both sides to lay d01.,rn their arms , lay down or do a1,•ay lvith their preconditions, put aside their prejudices and end their bluster and chest thumping . I ask them to leave behind past attempts at so -called negotiations on this resource , and I ask them to do the foll01-1ing, Mr.

Speaker : I beg and urge the rr-dPril l. (jOVCrnmc'lll ilncl l!hC prQvi.nCii\ 1 CfOVCrnment tO come back to the bLlrgaining table once again , and I urge them this time when they come to the bargaining table,to come with an open mind . I beg hen. gentlemen and the Government of Cana da to come to the bargaining table 1-1i th an open and free mind and not enter into negotiations that are biased , that 85 ·! ~

May 19 ,19 82 Tape No . 399 ah -1 z.m .NEARY · they sit around th e bargaining table free .from ra ncor and acrimony . Give them one more last chance, ~tr .Speaker . Forget the histrio~ics and the dramatics that we have seen ir. this Provi r.ce fer the last several years ar-c that we see in this House just about e•;ery day of thl! i r I i vcs. M, • ~Pl'•1k<'t', i I i :; i 11 I h•• i I' h:tncl~. 'J'Ih' hon. g<cntleman looks over ~nd smiles.

Tt j s in the ho~ .gem:leman' s ha:!ds and it is .in the h<lnd.i c>t: •)ur federal !>!Ps frorr> Newfoundland in Ottav1a "ncl it is in the hand s of the Government of Canada that the faith of t.his resourt.:(.• and o( Lhis f>t·uvincc; i:;; hc\(1. M1 . Speaker , thi s is a very pre cious resource .

It is a I imil:cd natur.Jl resource and r 1.•oul<l bl~'i bot:h sides, for che sake of all of Canada and of the people of this Province to make up their minds, make up their minds here today that they ,..ill return tc the bargainin;; table and they will stay at the bargainino table unti 1 a resolution of this qrcat probll'nl is an hist.oJ·ic .'ll ldt.:t . ll\oJ .ill r;usl , ~oiL' . :;pl:.tk<:t, iLwi .ll ,·.,:;L lh(.!m nothing . It "'ill cost the c;ovcrnment ,of: this Province and the Gov ernmen t of Canada nothing to do \olhat I suggest, but on the accompli shment , Mr .

Speaker, they \,•ill receive noth ing but p:r aise. It will be a ~.·onderful accomplishme nt in this country of ours and in this Provi nce, if both sid es, ~! r . Speaker, would put aside their differences . c'or inst.<mcc ,l<.:L me !:JUt <l question. because I am sure the hon . !·linister of Energy (Mr. t-1arshall l may follow my fe1• remarks _ and if he does would like to put a question to the hon . gcntlenan: Will the administration in this Province agree to withdraw ti)~Jr t.:OSC rt ·o:u lhc Ncwluun<ll,,ud C:Qlll" ; - MR . \oJARREN : q:~estion. A good question. A qooci OS4

May 19,1982 Tape No . 399 ah- 2 i1H . NEARY : - if the Government of Ca nnda would sit do 1m and negotiate in good fait h? ~tR. \111\RREN : -- --- !lear, hear ! I<IH.NF.l\RY : - -- wo~tl d t hey be prepared to uo that , Mr . Speaker? ~ffi .WARREN : There we go . Now what is th e answer? Yes or No? Throv; everything aside and negotiate . A qood questio n. MR . NEARY : question . ~tR .IVARREN : 1'1R . NEARY : NR . WARREN : ---- --- cake and eat il to . MR .NEARY : --- . Mr . Speaker , it is a good I say they would say no . It is a good question . They want to have thei r Mr .

Speaker , as I said a fe 1" moments ago it will cost the provincial government and llh· ll'"··• ··' I q<•V•' • "'"''"' nnl hi"'' 1 n t:nl CJ" i olo .a round or 110qoti.ttions in <JOOd faith .:md sLay "t the bnrgaini ng table until a settlement is accomplished . This will be the ki nd of example , Mr . Speaker , and the kind of co -op eratio n and mutual trust that wil l be re specte d and npplaudcd throughout every corner of this natio n and every corner of this Province and paraded thr oughout the history books , Mr . Speaker , for decades to come . 055

t-1ay 19, 1982 'l'ape No . 400 so - 1 MR . NEARY : 13oth the provincia] and federal <tOV<!rnment co•.:lcl prove to the people of this i?rovince and -.:o the people of this cot.:.ntry that they, as indi·;idua.ls, are larger t:han themselve$, ~lu!t they are bigger ~en than ~os~ who knew them, that: they kno~ how to de che right thing fo:: their Pro;;ince and their countJ·y in the crunch. Mr.

Sp~.1kwr, I hc:l ic:v~: h'l: .;·•>llld set an example here in t:hese negotiu.tions that 1•ould noc. only be paraded in the history books of this Province for decildes to come bu-:: would be <tn example th.lt could be follo,.;ed by the Bri ti sh and the A.rgentiniar.s in their present dispute, and even, Mr. Speaker, perhaps by the people of Iraq and Iran and by the Irish in c.he . Northern part of lreland, by every country in the ~IIJI'ld ll(lW b~.:::;jc•yc . .>u iJy similar problems -::hat we have in this Pro~ince and in this nation,and that it is possible to ~ork out solutions to these problems, !-1r .

Speaker. ~r . Speaker, is that asktng too much? Let us look v.t Anw.:~r S.ltlo~l , Thl•r(.: '"i.IS :1 m;.•n, Hr . Speaker, who knew the meanir.g o!: the words 1 comoromis<::' 1 and 1 neyotiation'. He successfully concluded an a•.rrc~:mcnl with a race of people with whom in 1967 , Mr . Speaker, h~ ha<l been nL {,;a~, whose blood he hall splllecl on the tields of battle . Mr. Speaker, there is an c:<<.\mplc to follO\v .

If .~•.,ar Sadat could reach an agreement. 1-1i-:h these vr.:ry same people he fired his rockets at a fe10 yc;Jrs before , cannot 1ve politicians here in Car.ada and in Newfoundland settle a ~inor scuffle between ourselves in ~rivate without showing ou=selves as idiots D. R J.

May 19, 1982 Tape 401 EC - 1 MR. NEARY: and enemies of each other in our own backyard? Could we not do that, Hr. Speaker? Perhaps we can. Of course we can, Mr. Speaker. If we want to we can do it,and I think, Mr. Speaker, it would be worthwhile for both governments to follow my advice and suggestions that I have given here today. As I said, Mr. Speaker, at the outset, I feel somewhat like the Secretary of the United Nations trying to bring about a resolution of this dispute that has dragged on now, as far as I am concerned, much too long.

Here I am trying to conciliate, if you like, trying to help both sides resolve their dispute and both of them shooting, just the same as the war in the Falklands. I know now, Mr. Speaker, how the Secretary of the United Nations feels trying to bring about peace when both sides are shooting at each other. We have a similar situation here. Maybe the move today by the Government of Canada was a Jittlc bit of pressure to bring the Province back to the bargaining table. Maybe it was. The bon. gentleman sits over there, Mr. Speaker, sneering and snorting - HR. CALLAH: With his black band on. MR.

NEARY: - yes, with his black band on _ and I must say, Mr. Speaker, that I am rather disappointed that the Premier made that announcement today that tomorrow would be a day of mourning, that they were going to boycott - or they were going to cancel, I believe. I do not know whose responsibility it is to go ahead with these commemorative ceremonies, whether it is the provincial or federal government. One of the receptirms that I read about was going to be sponsored by the Lieutenant-Governor. Is this going to be a slight 857

May 19, 1982 Tape 401 EC - 2 MR. NEARY: to the Lieutenant-Governor? Is the whole thing cancelled now? Do you know why, Mr. Speaker, the provincial government was holding these cere=nonies? Does anybody know? They were holding th2se ceremonies t.o commemorate the patriation of the constitution, which included an enshrinement of our Terms of Union with Canada forever under Lhis c1reat consti tG tion - O:JfJ

May 19, 1982 Tape 402 PK - l ME. \1/J>.RREN: And now they have cancelled it. MR. NJ ,:l\RY: - a =Juarantee that Newfoundland would get their equalization grants that we have been receiving from Ottawa ~or years now wrttten i~to th~ constitution, jop preference written into the constitution. Th~t is what WI' were <JOj nq ~o C!~lc,l.Jril Ll' Lomorr-ow ilml .~hat is what this administration have now cancelled. MR. WARREN: Gone into mourning. They are going to the grave yard instead. MR. NEARY: And, Mr.

Speaker, I have to say this that while on the one hand I condemn Ottawa, I deplore their unilateral action in takinc this matter to the Supreme Court of Canada, I have to praise Ottawa for - and the hon. gentleman there with the silly grin on his face again - I have to praise Ottawa for having the courage, for having the courage, Mr. Speaker, to put through the Parliament of this nation - MR. WI\RRP.N: Hear, hP.ar! MR. NEARY: - legislation that will give Newfoundland a power corridor across the Province of Quebec. MR. WARREN: A.nd it is becoming 1 aw. MR.

NEARY : And, Mr.Speaker, let me repeat what I have said - MR. WARREN: Right on . MR. NEARY: - in this House before 1 that this leyislation was put through the Parlia·ment .of Canada despite opposition from the National Tories. The Tory Party of Canada said no. S0!-1E HON. MEMBERS: Hear, hear! MH. NEJ\RY: They are against that legislation giving Newfoundland a power corridor ac.ross the, OS4

May 19, 1982 Tape 402 py, - 2 MR . NID\RY : Province of Quebec, something we ha;re been fighting for thirty-odd years in this Province. SOHE HON. MEI'IBERS: Hear, hear! MI.:. NJ· :JI.HY: i\11.! lh 1.: l wO I •:d, •l .11 I'll '::; , the two Tory MPs from Newfoundland abstained from vo ti n~ on ~~at 1eqislation. l-IR._ CALLAN: Fish and Chips . MR. ~'EJ\RY : Both of the~ abstain~d. Nr. Speaker, how much effort did it take for the Government of Canada to persuade the federal l-IPs from the Province of Quebec to vote in favour 01 that legislatio~?

Seventy -seven members of Parliament from Quebec voted - SONE HON. !'!EHBERS : Sever.ty-!:our . MR . NEARY: Seventy -four voted for that leryislation. Sovc•nLy-fo.Jr mc •mbers SOME HON . MEMBERS : Oh, oh! MR. NEARY : - r rom Q••cbcc vot <:tl in favour of that great piece of Ll~eral le9islation, ~tt. ~peaker . So, ~ . Speaker, because today we deplore the actions of the federal government, it does not ~ r~:,

May 19, 1982 Tape No. 403 NM - 1 MR. NEARY: n{ccssarily mean that we have declared war on Ottawa. When the opportunity arises, Mr. Speaker, we will take a tough stand with Ottawa, and that is what we are doing today. We are taking a tough stand against this unilateralness. I am sure, M.r. Speal<.er, the hqn. gentlemen on the oj:)l.er side WOllld wish that we did not take a tough stand with Ottawa. They have used it for a whipping boy now for the last ten or twelve or fifteen years. MR. MARSHALL: MR. NEARY: MR. MARSHkLL: MR. NEARY: What do you mean? I beg your pardon? (Inaudible) .

Well, of course, you may call it that. I think we are doing it because we feel it is the right thing to do. Mr. Speaker, I might say on the resolution itself that we intend to support the resolution. But, Mr. Speaker, we would like to see it changed in the resolution, and in that regard, Mr. Speaker, I would like to amend the resolution.

I would like to move, seconded by my colleague, the member For l'ort nu T'ort (M1·. llod<kr), th,lt. the motion be amended by adding the words, "and provincial government," after the words "federal government", and by striking out all the words after "table", so that the last paragraph would then read, Mr. Speaker: "AND BE IT FURTHER RESOLVED that this House go on record as calling upon the federal and provincial q-overnments to return to the negotiating table." MR. WARREN: SOME HON. ME.MBERS: MR. WARREN: 1\N HON. MEMBEP.: Hear, hear~ Good. A good amendment. Good amendment. Excellent amendment.

Can you not maintain relevance? 861

May 19, 1982 Tape No. 403 NM - 2 MR. HODDER: Read the amendment, stunned. SOME BON. MEMBERS : Oh, oh: MR. SPEAKER (Aylward): With the consent of han. gentlemen, I will take a five minute recess to consider ~his amendment. RECESS OG:

May 19, 1982, Tape 404, Page 1 -- apb )\1~ : .•. ~!"~z.'·!<ER_(~l,~~E~n~ Order, please! I have considered the amendment and it is in order. It is in order with the main resolution. Shall the amendment carry? r--w. ~n:/\I<Y: ~1r. fl!l(';tk('l Ml~. SI'EAKER: ~-·---- - •rho hon. Leader of the Oppo .si tion. MR. NEARY: Thank you, Mr. Speaker. Mr. Speaker, I was rather amused, I suppose, at a statement made on page 4 of the han. Premier's statement today, the part of it that he read, and I will repeat it in case han. gentlemen were not listening to what the han. the Premier said.

He said: "Newfoundlanders and Labradorians h~vc watched in bewilderment the struggle of its provincial government over the past three years to have the people here have the same rights to transmit electricity in Canada as other Canadians have always enjoyed in the transmission of oil and gas". Well, now, Mr. Speaker, the answer to that is that I do not recall in my lifetime, and I do not believe there has ever been a time in Canadian history when another province objected to a pipeline going across their territory.

I do not believe there was ever in the history of Canada a single objection to a pipeline going across a province. But there was objection to transmission lines for electricity. And, Mr. Speaker, in that regard all provinces of Canada were in the same boat. Saskatchewan could not transmit electricity across Alberta or Manitoba, Quebec could not transmit electricity o~ct:oss Newfoundlund, (luebec could not transmit electricity across Ontnrio. We were all in the same boat.

But somehow or other the han. the Premier twists this to lead one to believe that Newfoundland was the only one that could not transmit electricity across 86::1

Nay 19, 1982 Tape No. 40 5 ~J - "J t·lR . S • NEARY: the Province of Quebec . And then he goes on - liste."l - ancl asks the question; ''\.;hat c~the•· Canadians enjoy !>y r.ight becomes o fight f.m· Ca:1aclinns I i •..:in< .l in Ne\·lfoundland .:1nd Lnbrnuor . 1\nd no;..·; 'i">e snvs;·we >d t ness n t.tcmpts by others to block the hard 1von concession ""'~ b}· the fed.?ra' government •. " Mr. Speaker, 1ve had the assuran ce of 1:he t-1inister of ~ustice (Mr . J. Chretien) for C~nada nnd tha Minister uf National 1\<:'tf'nur· (Mr-. W.

Rum!Jk'-'Y), ~cwfoundJ.mtl's I•H.ni:H 1:r· in the federal Cabinet, ·we had their assurancl" today that that legislation put through the Parliament o7 Canada is goinq to remain. And the «dministr<lti .. )n can create all tile doubts it wants, it c.ln raise .111 the smolw sc.:rC'Cn il ,~.:nt•:, it <.:<10 bring in all the red herrinqs it wants, it cun show only qualified support, it <":an sho•v only unqualified support to this <1reat I.ibc ..... l rl!fonn th.lt is takin'l placx.• in ll)c i•arl i.ll'l'Cnt of Canada. And what I mean by unqualified support, !>ir .

Speaker . is when the Pre mier ~oras asked .,.,hat his reactior. •.vas to this great Liberal reform that was being debated in the House of Commons, his r.n 1 y reply was, 1 1 t does not go far cnouqh . ' '!'h ,lt wnt:; t·h1· r,:.tt •l i1111 PI" t·ht• " "•i••r· 11f lhi:; l'r••v!nn•.' does no~ qo far r.nouqh.' 'l'he 'J'Ol'ies inCan'lcl<:~, the Nationill Trn-v party, took a firr.: position to vntc il<Jainst it . The Tories in Canada said Newfoundland should not ha"e a power corriclor ncross the Province o" 0-~ebcc . Two Tory 1-1.

Jl . 1 s from Newfoundland did not think that it was irnp!"r':a.'1t C:'louqh to vote on. They abstained from votln-. . And the Premier- oC Lni~ Province c;ave the gre!Jt reform qualified suppl)t•l· when he Ob1,

May 19, 1982 Tape 406 EC - 1 MR. NEARY: said, 'Yes, we agree with it b11t it docs not go f;lr cnouqh. 1 No wonder Mr. T,aLonde would ask the provincial Minister of Energy (Mr. Marshall) if they support this great Liberal reform that was going through the House of Commons. Members of the Parliament of Canada did not know if this Provinc;;e was .supporting this ~ieee of leg~~latto? or not. And that was unfortunate indeed, Mr. S~eaker, with the savage lobby thnt-. is qoinq on in the Province of Quebec and in Ottawa in connection with this great Liberal reform.

A resolution was passed yesterday in the Province of Quebec, in the Legislature of Quebec, condemning Ottawa for giving Newfoundland a power corridor across the Province of Quebec, and yet, Mr. Speaker, seventy-four Liberal members of Parliament from the Province of Quebec voted in favour of that legislation, flew in the face of criticism from the Legislature of the Province of Quebec. So the point that I am making, Mr.

Speaker, is while on the one hand we a~e dismayed and concerned and we disagree with this unilateral decision on the part of the Government of Canada, we have qreat praise for their having the courage to bring in a piece of legislation that would give Newfoundland a power corridor across the Province of Quebec. And when I suggested last Thursday in this House that we pass a unanimous resolution on the floor of this House supporting the Government of Canada in bringing in this piece of legislation, the Government House Leader (Mr.

Marshall) refused to bring in the resolution and carne in a couple of days later with a very weak, vague, general telex that he wanted to send off to the Government of Canada. Now, Mr. Speaker, about the holiday: !low much is this holiday going to cost and BS5

May 19, 1982 Tape 406 EC - 2 MH. NJ•:/\I~Y: \•;hat wi.:!J i.l i\CC0111[JlisiL' MR. HISCOCK : Teachers alone will cost $315,000 . MR. NE.l\RY: The teachers alone, Mr. Sp8ak£'r, I understand, the cost of the holiday for the teachers alone will be $315,000, that one day holiday. AN HON. M.Er-'ill3R: It is pea::mts col'!pared to Hibernia. MR. NEARY: Oh, it is ~eanuts compared to Hibernia! 'i'Jhat will it accomplish? The government has its mandate. Why go through the dramatics and the histrionics? OIJ6

~lay J9, 1982, Tape 407, Paqe 1- apb ~m . NEARY : l'ihy? 1'he cost of teachers $315,000, maintenance employees fifty-odd thousand dollars, pub~ic employees $681,000 . These three categories alone will cost the Province over $1 million, Mr. Speaker . HR . 'l'OBIN: It sounds like a good price to pay. MR . NEARY : r beg your pardon? HR . TOBit\: It sounds li ke a good price to pay . ~R . NEA~Y : That is a good price to pay for what? It is a good price to pay for the dramatics of the Premier and the administration - ~tR . HISCOCK : Acting on impules . t·\R . NEARY : - acting on impulse~ r1R.

DINN: Over 60 per cent of the people agreed with it. ~Hl. NP.AitV : Oh, T sec . Mr . Speaker , l.i stcn to this . 1-le just had a pearl of wisdom from the member for Pleasantville(Mr . Dinn) who to ld us that over 60 per cent of the people agreed \·lith it . MR . DINN: A la ndslide . MR . NEARY : A landslide . A -----·-landslide? SOME HON. MEMBERS : Oh , oh ! MR . NEARY : Mr . Speaker, the government was given a mandate, a mandate to settle this offshore questi.on . ~1R. t-\1\RSHALL: How can \o~ e ? ~~~ - ~~RI~ The hon . gentleman says , • llow ccm we?

I have been Lelliny the hon . gentlemen all afternoon how they can settle the question . MR . WALS!i : At least they are (inaudible) one way or the other and they have not done that . Bb7

May 19, 1982, Tape 408, Page 1 -- apb MR . HODDER: Do not be silly. You do nc>l l"l\!ll kuov; wh.ll y\1\1 .. ,.,. l.il I k lnq .IIMlll . HR. NEARY : Mr. Speaker, have I been just talking to the walls here his afternoon? The hon. gen~leman obviously has not been listenino to what I hav~ been s~yinq. I hav~ been saying, 'Se~ aside the partisan policies, set as1de th ?rejudice, se .. aside the preconditions and sit dm·m at the bargaininq table and '"'''IOtiate in qoud f<~ith' . MR. tvALSH: The only thi~g w~ are asking is to set aside the ownership issue. M.R.

NEARY: I beg your ~ardon: MR. iiALSH: The only thinq we 11 n·· asld nq i ~ to set .-.s icl<~ f'\t-mt•rsh ip l't)r\'Vt'l" .\lld \,•1 us get on with the th ing . MR . NEARY: t•tc Speaker, let rnc state again the Liberal position in this Province . Let me state it uga in . 1'/ha t it hns been, what it i.s nmoJ and what it will continue to be : The position of the Liberal Party of this Province, since the first perm1t was issued for offshore drilling back in the rnio '60s, the position of this Provin ce is t:!'tat toJt ovm the offshore resources . The Liberal administration of that day, back in the mid '60s, Mr .

Speaker, sponr:;occd t\.;o university professors, paid for it, the p.::oject, to put L<..,ro 11l.t<p• ··•l ••n lIto· I I"' •r , d 1 h•• c;, .tlld llo~nb:. DR. COLLINS: I!O\~ much d.id that CPSt? SOt-"£ BON . MEH3ERS: liea r, hear ~ ~ffi . NEARY: The Liberal Government of that d<:~y - MR. HODDER : he>l.icay. MR. NEARV: OoH Not ns much as Lh~~ - !:_),ll d f~r ;mll :>p<,n~·:on~d

M~y 19, 1982, Tape 408, Page 2 apb MR. NEARY : two university ilCOfcssors, one of whom is now deceased, to put two plaques on the floor of the ocean on the Grand Banks caliming the ownership out to the Continental Shelf in the name of Newfoundland Qnrl Labrador. 0 b :~

May 19, 1982 Tape 409 PK - J DR. COLLINS: Hoe do the sculnins like lt? MR . NEARY : I beg your pardon? OR. CO!..LINS : How do the scvlpLns .:.,~~o.•n there like it? MR. NEARY: T know whc..t the sculpi:~c; think of the hon. gentleman, and I kno\·1 what ti:e financial people think of the hon. gentleman too. AN nON . t>ffit-1BER : Yes, politically . MR . NEARY: l·!ell that is another matter . i-?e will deal with that in due course . SOME liON. MJ::MillmS: f.tR. ~lEARY: uh, oh ! So, Mr .

Speaker, right from the time the fir st permit '"as issued in t..ltis Province, .,.,hen we had a Liberal administ:ration t:he j)OSi tion was that • . .;<:! OHn the offshore resources . Anci >.;e, l-ir. Speaker, the j?rovincic:l government of that day took it upon themselves to issue permits even thouqh the hon . gentleman may not ag ree that permits were j ssu~.:d to the pn>i'l.'r pcu!:)l~ . 'l'll<~l il; .:~nothl'r matter or whether they dispute who got the permits . At that time, Mr . Speaker, it was qcite t='lS)' to 9ivc away a p~rmit . It was quite easy.

There was nobody linec up at the cool:' looking =or a perrr.it. flUt ~evcrtlwlcgs , N1·. Sr>cc1kcr, thu provincial government t:ook it uyon themselves that we \llou l<l ianore what Ottawu was doinq and we .,...ould issue ou r O\\'l; permits for oil development and drilling and oil production off our coast . So I hope this government: docs not clilim a monopoly on that although they have beer. skillfully qet:t i.thJ 6711

,JJ. Hay l9, 1982 Tape 409 PK - 2 MR . NI~ i\Ri': away l•l.,i th it ove r the last several yea:~rs . we get a new crop of news reporters and they think it is something new. Go back and check the records and see \-l'ho took the offshore o1mership in the name of Newfoundland and Labrador . It was the Liberal administration .

And 1 Mr . speaker, let me say this, \llhen Se dco I sailed in to Nev1foundland 1-l'aters back in the early 1970s and started drilling for oil and gas on the Grand Bank s off the coast of Newfoundland, there 1.;as no coverage 1 no prot~ ction for l·mrkers on thnt riq, for Newfoundland workers on that rig, no protection, Mr . Speaker . It was considered at that time to be a vessel , anything that floated , and this \vas a semi-submersible rig, i t I.; as in the catego ·ry of a vessel and B 7 ·1

t-1ay 19, 1982 'I'ape 410 EC - l MR. NEARY: there was no vTorkers' Compensation anywhere in Canada, and I do not think there is today, that covers workers, that protects workers on ships or boats that move in international waters, no protection even today. 13ut what did the Liberal Government do, Mr. Speaker, at that time? The Liberal Government fle\v in the face of all logic and covered the Newfoundland workers on that rig, Sedco I, covered the workers on that rig under provincial l\Torkers' Compensation· That is what we did at that time. And, Mr.

Speaker, if we had not done that back in 1970 or 1971, if we had not done it the families of those who lost loved ones on the Ocean Ranger would have had no protection. It so happens, and it is something that I am rather proud of, that I was the acting Minister of Labour in this Province. I was the one who piloted that memorandum through Cabinet when I was acting Minister of Labour, in addition to my other duties in this Province,l'ir. Speaker. AN HON. t1Et!BER: That is not true. ~m. NEARY: What is not true? AN HO". TvtEMBI::R: ?ou are actinq now. MR. NEl,I~Y: I am rather proud of that, Mr. Speaker.

But it is another indication, Mr. Speaker, of who it was that took possession of the offshore in the name of Newfoundland and Labrador before hon. gentlemen on the other side were out of their knee pants. 'l'hey were still qoinq ~1round in shnrl: bri tchcs, Mr. Speaker, they were still in knee pants when the Government of this Province, which was a Liberal Government, put the plaques on the floor of the ocean, gcvc coverage to workers on the rigs, flew in the facG of all logic to cover these workers, and if it had not been for u Liberal Government there would have been no coverage. 87?

~luy 19, 1982 Tape No . 411 MJ- 1 MIL :;. NI::Airi : l'lr. Si:)cak.er, we covered them under 1\'o:-l<ers 1 Compensatio:l . .Duld I might add, ~1r . Speaker, let me say this, that our decision to issue permits and our decision to cover the \"'Orkers under Provincial ~iorl<ers 1 Com9ensation and our decision to put plaques on the floor uf Lhe oc;~an went unchallenged by the Government of Canada , unchallenged . AN HON. MEMBER : H01"' long do we have to listen co this? ~1R . NEARY : I have another hour in case the hon. gentleman does not know it . Mr . Speaker , these three itams should be a clear indication.

AN II UN . Ml·:~\131-: ll: Vuu !lave nol qonc one hour . MR . NI::AHY: Mr . Speaker, Bugs Bunny is at it again . I let the hon. the Premier plough on in silence, Mr . Speaker , and I would hope that the hon. gentleman would do me the same cou1·tesy . SOME liON . t-!EMBERS: Oh, oh! ~IR . NE:I\RY : ~lr. Speaker, if any hon . gentleman wishes to say anything I think he has to say it from his sea t, Your Honour is aware of that rule . That is basic, elementary, any school kid would know that you do not speak. from som ebody elses seat in this Rouse.

If you wish to open your mouth you have to do it in your own seaL, l-1r . Spea.1<er . So, Mr. Speaker, these three 1t cms should give .1 clCi.tr jnd.icatiun to m~mbcrs of this House Lhat it 1vas a Liberal administration that took the offshore resources in the name of Nel"foundland and Labrador and the 8 i ·~

May 19, 1982 Tape No . 4ll ~!J - 2 ~.R. NEARY : decision ~ent unchallenaed by the Government of Canada. And I would thinl< now, Hr. Speaker, that one of the st~ongest, strongest points that this government have in claiming the of~sh ,rc resources, is the fuct- MR . G. WARRl::N: Y<:!'., l"i')llt : on. Hi :<jh t on. MR. NEARY: - is the fact that provinc.!.. .1l Nork~rs' Compensation coverage was given to these rigs and the Government of Canada did not even bother to question it . Ne have been doing it for the 1.:1st t'-"elve or th.1.rt.cen years, we have been covering these workers .

Now all or a sudden oil, as time went on when it was impossible to get somebody to drill off our coast, as time went on oil .:~nd qas '.-/.1:> discov<.'rt:-d ;tnd thl'!l it took on ne't.• significance, ne\o; prominence, Mr. Speaker , took on new significance and new prominence. Then, of cours~. positions begin to harden 0 i 1+

·~ May l9,l982 Tape 412 ch-1 MR. NEARY: som~what, M1·. Speaker, Positions then began to harden and then the pol i ticu.l rhetoric started to fly around, <IiSlc',Hi ol :;ill.inq down dl<ll!Iid IIi<' bctrq<Jinjnrl L.JIJIC' after we reached that point in our history, when we knew we had gas and oil of our coast, when we had reache~ that po~nt in our colourful history, then both sides should have had sense enough to sit down and bargain in good faith and straighten out the management of the resource, the development of the resource and so forth and so on. So I think I have established beyond any doubt, Mr.

Speaker, that it was a Liberal government in this Province that first claimed the resource offshore in the name of Newfoundland and Labrador. And in the second place, Mr.Hpoaker, the position of this party has always been that we believe in an negotiated settlement. SOME HON. MEMBERS: Hear, hear! MR.NEARY: Mr. Speaker, I recall several years age_ I do not know how long ago it was, a few years ago-when my colleague 1 the member for the Strait of Belle Isle (Mr.

Roberts) 1 speaking in this hon.House took the position - I believe he was Leader of the Opposition at the time 1 was he? - he took the position, my colleague did,that the goverment should attempt to negotiate a settlement of the offshore resources. And in case the media does not remember what happened at th,lt tilliL', in Ci\SL' Lhr' nc'wcr mc~mbcrs of the IIOIISr' rio not remember what happened at that time , you know what happened , Mr. Speaker? The present Minister of ~:.nergy (Mr.Marshall) accused my colleague of being a traitor to Newfoundland; how dare my colleague suggest 8/S

May 19,1982 . Tape No. 412 ah-2 MR. NEARY: there be a nc0otiatcJ settlement. Hansa~d, Mr. Speaker, Hansard will bear me out, that the administration viciously attacked my hon. colleague. AN HON.MEMBEH: And Carter . MR.NEARY: Pardon. Yes, the member for St. John's North (Mr.Carter) joined in. There is a pair of t\1ern over there .. 11e and the (;ovcrnment Jlousc Leadc1 ·. Sit1

Hay 19, 1982 Tape No . 4 13 so - 1 MH . Nf:/\RY : Thee~ is u pair of them , Mr . Speaker; if you put them in a barrel I do not know who \vou ld come out first , the member for St . John 's East (M r. N.:~rshnll) or the member for St . ,JQhn 's North (Mr. . Carter) . MR . t'I'J\R~EN : It would not be much difference otnywo~y wll11 ,;.tllh' 11ul I i n;l 1·1R . Nf!:l\RY : No , it would not make much difference, it ,.,.ould not be m4ch odd s. But, Hr . Speak er, my colleague , the member for the Strait of Belle Isle (Mr .

Roberts), vlho dared to suggest several years ago a nego tiated sctl' lcmcnt , was viciously aLtackcd by this administratio n who told him he was going to sell out , he was atte mpting to sell out, he was a traitor and a coward and a traitor to Newfoundland . Does the hon . shiny nosed , \•ild-eye d, red ciH!L·kcd mcmbl·r rot· Ourin - Pl,centia (Mr . Tubin) kno '" what happened a couple of years later? Does the hon . gentleman know what happe ned a coup.le o.f years later? ~m . ·;·u r.K : Docs he know what is happe ninq now ·? l-1R . NEARY : No, he doe s n ot kno\ " wh at is happening now .

But in case the hon . gentleman does not know I will tell him . MR . TOBIN : I know a lot ,.,hat happened - MR . NEJ\RY : The administration - MR . NARREN : How muc h did yo u give to yo ur friends? How much went to your friends the last six months? MR . NF.J\RY : The hon . gentleman, Mr . Speaker - ~!R . \•IARREN : How much ,.,ent to your fri ends in the last six months? NR . TOBIN : They ,.,ill not need an enquiry to i nvcstiqat •' me . MR . NEARY : Mr . Speaker , the only advi ce I can give the hon . gen tlem an, if I \"ere the hon. ge ntlem an, 8/ 7

May 19 , H82 TApe No. 413 .H.' - 2 MR . NEARY : a new member in this House , 1 would be very careful about throwing around - MR. DINN : He has <~ lot to ~•orry about! He ~as read your book . SOMZ liON . ME~·lnERS : Oh, oh . t-1R . NEARY : :-!r. S;:>e<1 ker:, t.h e hon. gcn t l ~:non should bear this in mind, r.h<:~t once iTIUcl sljnging st:art.s, them nobody kno•..;s where it is going to end. M.r. Speaker , the hon. gentleman should keep that tucked away in the bnck of his mind, and all hon . members should do the same thing. S0,'1.E HON . r<~E!'IBER5 : Hear, hear!

MR . 1-JARR£'1 : Row much did you give to your friends in M.:l.rystown durlny the election? MR . NEARY : All hon. mem~ers should do the bear that in min<L l'lr. Speaker . MR . \vARREN : How much did you nive to your friends in Maryso:own during the election. How much? Hm·J much did you <Jive your fricn cls in ,.larrsLnwn dudnq Lh•· elec tion? MR . NEARY.: All hon. members should keep that in mind, especially new members . 1'\R . liARREN : He took care () f th• ~ ;.idryst o>\·m cro~~d during the elect ion who \~ere on welfare . M.R . NEARY : :-~. Speaker, so here tve <~re today at this impass now .

We have qone the route, ~1e haV i' tried to be consist~nt, we have been consistent in ou: oo sit:.ion . l'le said, and we have been sayino and we wtll continue to s~y ~e own the resource and there should be a negotiated settlement . But who altered their posit~on, Mr . Speaker? In case the hon . gentleman does not know, who vllt!r<.:!d (.()ci ,. pu~U .toa/ 'l'lll~ Iili i\ . q,~nLI, ·w ,on '"' ''1·1 1: ~~~~-· altered thelr position? MR. 'fOBIN: Answer your owr qu"~s t ion. Do not nsk me. 8iH

-"- r.tay 19 1 1982 MR _ \'lJ\RREN : Ml{ . NEARY : Tape NO - 411 JC - 3 They are all fixed up in Maryst own . Perhpas the hon . member for St . 1-:a ry • s - The Capes (Mr . Hearn) I 1~ho made his maiden speech in this House yesterday I can tell me 1-1ho altered their position . \vas it the L1.berals? Here is what we have been saying since the mid -1960s 1 since the first permit was issued : We own t:h'' rc.·~0urc:c~ 1 1~0 t}1 i nj{ t}1crc shoul c1 be a negoq u.ted set l:lef!lep~ 1 and we think that J:.he matter of Ol ·mers!lip spould be set aside . Now , who altered their position? Oi~

May 19 , 1982 Tape No. 414 IU-1 !11R . BAIRD : You )moe,; what: ha?;-ens b.> the man who sits on the fence. MR . TOLl<: \>Jhat do you mean sitting on the fence? MR. NEARY: M: . Speaker, we hdve not sat on the fence. We, on this side of -=he Rouse, have been consistent in these matters. ~1R . WARREN: No~ like tha~ side. MR. NEARY : we ha \"c made it c 1 ear beyon d any doub t. MR. WARREN : 'l'hat is right . MR. NEARY: And, r believe now, I am the third if not the fourth, I am c:he fourth leader I believe to follow the party line, the party pol~cy on this matte~ . MR. HODDER: Show then what theirs was. r.m.

HISCOCK: Yes, tell them what theirs was. Z.1R. NEARY : No\~, what was thel r pos.i..:. ion, Mr . t;n<'!nket? wnat ~laS the 'l'ory position? MR . TULK: Total ownership. MR. NEARY: Total ownership . No ifs, a~ds and buts, no questions asked, total owner ship .~hDt is it. L-'i9ht to the bitter cml, Lho~l w<.~t; Lhcir: po:.;iliun . MR. WARREN: That is ·,lfw the member for Baie Verte -\'lhite Bay (Mr. Rideout) crossed the floor. MR. NEARY: And, Mr . Speaker, the member for Baie Verte. 1t1h0 was a colleag:.~e of tn1.ne at one time in our caucus,crossed the floor - MR. \vARREN: On owr.ership . MR.

NEARY: - crossed the Cl00r: on ownership because the caucus of which he was a mcmb~r at that time would no~ ton his line, total ownership or nothing. Jl.nd he '"'as Ol'- energy critic and he went across the House, the member for Baie Vertc . Ml<. iY\1\1·:: lk'! ,·J<IS \'indicute<.l by the election. w;t<; he? ORn

May 19, 1982 Tape No . 414 I B - 2 MR. NEARY : Well, Mr. Speaker, l'!laybe he 1"as . Maybt'l he was , Mr. Spe aker . Only time will tell , Mr. Speak e r, '.·.• h ,~ th.:-r ... ,. n ... ) t the ho n . '.)~ ntlemu.n \vas vindicated or not . Mt;. IIOIH1EH: . . II•' w<- nt OVC"· t' on t·otCll 0\vnership l huuqh . MR . NEARY : The hon . gentle~an wanted total owne r ship . 1\nd llansard , the newspapers , the media of the day will bear me out . Hansard will bear me out . The hon . qentleman made a speech, a ve r y dram atic speech, in the !louse, an emotional speech - />IR . TULK: A very hard one for him to make too .

MR . NEARY · Amd a very hard speech, I l>~ould think, for him to make and then paraded across the floor o f the fi ()USe on the ()wncr·ship q ue stion . .MR . !!ODDER: He lvante d total ownership . ~m . NI~/\HY : 1 •rn 1 i.ll nwnc •·sh i p ' , il C' Silys , 1 or noth iny 1 • NO\oJ , hm·l fur has .t h e adrrlinistration come? Well they have come around to our \vay of thinking, Mr . Speaker . They have come arou nd finally ·to the Libe ral way of thinking . SOME HON . MEMBERS : Bear, hear ! liN liON. MEMBC:R: You are tvastinq time . MR. NEARY : Having adopted our position , the Liberal posit ion, to negotiate, Mr.

Speaker, then - MR . T OLK : They do not know how to do it . MR. NC:AHV: That is right , they do not knat• how to do it . That is right . They do not have confidence enou cJh in themse.l ves to be able to do it . The Minister of r.nc-rqy (Mr . Mars hc"lll) is paranoid . MR. lliSCOCK : There are a fe1.,r a nti - Confederates ---- - - there . 8l11

May 19, 1982 'l'ap<• •i l;, r~l\ - I l'IR . NEARY : 'rhat is d';Jht, ! am ylad th~ hon . gentleman reminded me of that. MR . BARRY : 'l'hey do not want to::al O\mcrship . MR . NEARY: 'rhe l·linister of Energy (1-lr . ~larsh.::ll .l is paranoid . He thinks, Mr . Speaker, he thinks negotiatlons and compromise arc - somchm.; hu interprets that 1r, h:1.s 1 t t tlc mind as a giveaway. Ue has no con:ficence in himself, th e hon . gentleman . l·lR. WARREN : That 1S right, that is r i1Jht. Right on. r.m.

NE7\RY : lie..• c.:~nnot . ''11tfo~: c•r outt,•i t n1 · outsmart the fcds, so wh.:tL dovH he.: d(l':' II• ~ i J nds <.:Vt.>I'V ,._,,·u::l' in the book not to sit down and negotiate . r.1r. Speaker, I would hope that I am \vrong, I \vould hope that r am \\'rong, but ! smcl! - MR. TOBIN: Do you ever . !IIR . NEARY : Nr. Speaker, in the latest move, the latest move on the part of the administration, I smell a skun k, l-1r . Spea.~er.

I ha ve a feellnq, I have a feeling that what those J.cv.ious minds of the Pl:Oplt~ whu arc spok.csrn~n l<a · thi s Province , \vhat they were attempting -to do was to dra<1 the negotiations on until the next federal election, drag it on ti ll the next federal election, hoping somehow or other they \·;ould be able to annihilate the five Liber:a! l>l .P .s from Ncwfoundloncl. SOl1E HON . MEMBERS : MR. HODDER : ~tR • NEARY : Oh, oh ! Things car. change very quickly . Mr. Speaker, I am not a susPicious man by natu re, ar-d I hope I am wrong, 1-!r .

Speaker, but it certai nly would appear that the only strategy, the only strategy that this administration have is to twist and tu:-n and squirm nnd play political q:llnC!; bcc.1t JS~ t:h<'y \~en \. t<' qct the five federal M.P.s from Ne v;founcllancl . MR. WA"RREN: J>.N HON . ?-lE!·!BER: lt is not ~oing to work. 'l'hc.·y are <')Oil' ~ :1nyway. 0(1)

" May 1.9, .1982 'l'ape 415 RA - 2 MR. NEARY: Well, they may be gone, I do not know about that. AN liON. ME~illER: They are after LaLonde. MH. NEARY: So, Mr. Speaker, it would appear to c:mybody, any thinking Newfoundlander, that what they are doinq i:~ dru•Jqinq out the m:qot . .i<ll:iL~n:'- l fl\can qct the 0 b :-1

May 19,1982 Tape No . 416 PS-1 MR .NEARY : controversy, not the negotiations - there are no negotiations - get the controversy near~r to another Fedec<~L election,ar.d then use the issue in the Federal election to try and deteat the five Liberal ~s from New:oundland and try to get a Tory government up in Ottawa . ~.R. ~1AP.REN: though. Z.1.R. NEARY : lt is not gol.ng t<" wort. That is the name of the 9ame, Mr . Speaker, but it is not going •:o work. ~1R. \~ARREN : Hear, hear! It is not going to work, no. MR . NEARY : !-1r. Speaker, they ~vould sell Newfoundland and Newfoundlanders for their own political gain.

MR .WARREN : 't11ey arc tryjng to do it, that is right, that is right . That is what they are do1.nq . Yes, that is 111hat they arc: doing . MR .DAWE: You agree with Rooney, dr.> you? 1-fR . WARREN: Look at the . !1inister of 'l'ra:1sportation (Mr . Dawe) , for example . MR. NEARY : l'lr . SpeaK.er, as 1 say 1 hope I am •..n-ong - ~.R .IvARREN : You are right, ~'OU are right or.. MR .N~~Y : - bu~ it is something we have to consider.

It ::ertCJinly wo:iirl <!ppcar th.:tt way. 1 think il was a mistak<:! on the pe~.rt ol the l'H.::nicr of this l'rovince to remove the member for Mount Scio iMr .narry), the former l'1in.l.ster of Hines and Energy in this Province. I thick that it was a grave mistak~ - MR .WARREN : He was doing a great iob . MR.NEAR'f: - lo (;l h•..:!' forct! o:.zt the 884

M.ly I

C) I I 982 'l'<l(.>C No . 4l6 i'S -2 ~IR .NEARY : minister - or he voluntarily resigned, I am not sure which .It certainly looked like th~ hon. gentleman ~•as forced to resign . MR . ~IARREN : He was doing a good job too. MR . NEARY: There was a disagreement . The lion. the Premier 1o~as not getting as much publicity on the off shore matter as the hon . gentleman was . The hon. gen tleman was building up a great deal of respect . The hon . gentleman •.o~as getting a head of steam in this Province . He had been a leadership contender .

He \.,r,t:; l>u•ldin'l up IJI'..:,tt rcspcl:l 1"ilh Lhc clc<.:tol'<ttc - AN liON • ~1EMBER: ~1R .NEARY : Hear , hear ! - the people of the Provinc e. lle was doing a good job as Minister of Mines and Energy . I said that before today . l said that while the hon . gentleman \~as minister of that de partment , that he was a minister who surrounded himself with good people , he surrounded himself apparently with the right 885

May 19, 1982 Tape No. 417 TI-l - 1 i1R . NV.RY : l<ind o: people who 9ave him c. he ri~ht kind of advice . And I think it was tragic and unfortunate that the Prcmi<)r \,·as sc, cnv~nus und J•;.'il<)us of the hon . yentlum<lll - SO~E HON . ~·lEMBSRS : Bear, hear ; liiR. ~ARY : - that. he <vanted him out. of the Cabinet because the hon . gcnl:le'llan .,.,as stealinq the limelight, was getting the headlines . MR . WARREN : Yes, the Premier tv as 1vorr 1 ed about him. HR. NEARY : And 1.111: Pr·cmt .. r Wit:; won·i.:d about his own - l'1R . NARREN : Yes, that is right . MR .

NEARY : - image and about his own leadership and that the hon. gentleman rrily be " ;;hrcat - MR. ~vARRF.N : Yl':; . - --- f-iR . NEARY : - if a leadership convention 1o~as held . MR . WARREN : That i.s right ! MR . TULK : ----- lie is a bigger threat to th~ Premier no1v . MR. NEARY : And th~ hon . 1entleman, the next thing we knc1v, he 1vas out, much to my dism.1y. l\nd I t.houqht for sure, in this round o! Cab~net appointments, tha::: t:.hc hon. gentleman l"·:>uld have invited back in , lvouJd have inv~ted to take his place, to c.ake his place whc=c he rightfully belongs - SOt1E HON .

ME~UERS: i!ca !", hc~.:11· ! M.H . NEI\HY : - •15 Miui,;L1~1 · 111 r•lin~::; .lltd Energy for this Province . 'l'h.:tt would h.:~•;c bc~n ., step tn the right dit~clion. 'rhat would have been ~1n indicatt •Jn t:o all and sundry, Nr . Speaker, that thC' admi n i.stra tion I.J.:tnl'<.•d to settle the of.::shore controversy, thilt they war. ted to settle it. 066

May 19, 1982 Tape No. 417 TM- 2 MR. WARREN: De is not interested, is he? MH. NEARY: The hon. gentleman likes a good fiqht, I know t.hat. I have had a lot of arguments in the House and outside the House with the hon. gentleman. He is a fiqhter. I respect him. I do not think he would have sold Newfoundland down the dr:ain, I think he wou+q have fought har~ for a goo~ de~l for ~ewfoBndlapd. ~ think tre ho~. gentleman saw the moves, beipg a gooq che~p Ptayer, saw the moves back months ago, months and months ago, that this matter was headed for the Supreme Court of Canada. MR. TULK: Remember what he told the Premier?

MR. NEI\RY: What was that? MR. TULK: He told the Premier he would Jl(ll. h<• SI\CC\~SS lui. MR. NEARY: Yes, that is right. The hon. gentleman, yes, that is right, he did. By God, even I am yetting - MR. LUSH: He would make a prophet. MR. NEARY: Yes, the hen. gentleman told the Premier he would not be successful. MR. Speaker, that would have been an indication to the people of this Province that the administration wanted to settle this matter one way or the other. MR. TULK: They did not want to. MR. NEARY: It is obvious.

They did not p11t t:lw mcmllt~r hz1ck i nl:o the C'11bi n0t so it is obvious they do not want an early settlement. MR. WARREN: They want to go for another election. MR. NEARY: They do not want an early settlement. MR. WARREN: They want another election on it. MR. NEARY: Well they at least want another federal election on it, they may not get another provincial, but they want at least to stretch it out so that it will be an issue in the federal election and they might be able to 887

May 19, 1982 TapeNo. 417 'I'M - 3 MH. NEARY: annihilate five federal MPs from Newfounctland, Liberal MPs. An~ they might be nbl~ t<l i<•l'"nl I ht· CllV• t"lillH'lll Ill (';jl).Jol.l - Willi ktHlW:-;,' MR. HISCOCK: And then they will do away with our power corrldor through Quebec. MR. NEARY: And then, 1'11~. Sp•2aker, i.f they did h.:tp!JCII to r,trnt the CovL·t nnll~nt '·'' :.:<.\1\LJda, would ~1r . CLII·J.; then take away that power corridor across the Province of Quebec? Mf~. WARREN : Yes, tlt<tt. j s lit<' l·i.t:st 111uvc . ------·-That is the first move. [18H

I -- •- - ~<11J\.! l'V . 'l.llS MLeP - 1 MR.:_~.: -~ Mr. Speu.ker , it has been obv io us right from day one with the large mandate , with the larqe m<ljori ty that: the qovernment have on that side of the !louse - they have forty- fo ur members , we have eight - it has been obvio us from day one , Mr . Speaker, that there is seri ous disco nt ent already in the Tory benches . ~ 0~ 11~ liON . Mf.MB ERS : .... ~ - .. -- Oh, nh! ~~.:.-~~I~IH~N : lleu.r , hear ! Yes, Sir. If four guys want to come over now we would not take them . MR.:. _~E ARY : I am not saying that the member for Mount Scio U•1 r.

Barry) in any •..;ay is discontented or aisqruntled - t-1R . hl\llRY : t~ho <trc they? !-tTL II IS COCK : You . ~m ..:.._ NE1\~.'!: : - I am not saying that Mr . Speaker , heCilUSC' T do not think the> hnn . •T<" nt lcman cares . He has established himself now practicing law in this Province , and r wish him every succ~ss in it . ~IR . TUJ.K : lie cares as a NE'!wfoundlander . ----- --- M~ . NKA~Y : 1\s ,, N< 'W fou nd J nm .lc r he does . - - lie prob.:ab.ly would have liked to be qiven the opport unity to finish the job that he started . He would have liked to be •.Jiv en that opportunity . After all, Mr .

Speaker , we are all on an ego trip . The hon . gen tleman is no different , and human nature being \oJhat it is , the hon .