Saskatchewan

Notwithstanding clause architect Howard Leeson remembered for his love for Sask. and the country

Howard Leeson — a Regina resident instrumental to helping write Canada's constitution — died at the age of 82 on Sunday. 

Leeson, 82, died on Sunday after a brief battle with cancer

An older man poses for a photo.
Howard Leeson, a Regina resident instrumental to helping write Canada's constitution, died at the age of 82 on Sunday. (Trevor Hopkin/U of R Photography)

Howard Leeson, a Regina-area resident instrumental to helping write Canada's Constitution, died after a brief battle with cancer at the age of 82 on Sunday. 

Leeson, born in Lethbridge in 1942, became the president of the Alberta NDP from 1975 to 1977 after which he moved to Saskatchewan as the province's first deputy minister of intergovernmental affairs, reporting to then-premier Allan Blakeney. 

Leeson then went on to also work with former premier Roy Romanov. 

He is being remembered by many for his brilliant mind and love of Saskatchewan and Canada. Former Saskatchewan premier Lorne Calvert remembers Leeson as a close aide. 

"On a personal level, Howard Leeson was a prince of a man, deeply committed as a person to Canada, deeply committed to the work that he did," he said. 

Leeson was involved in many key moments in history, including the patriation of Canada's Constitution. 

Three men standing behind three men who are sitting.
In the background, Howard Leeson (centre), Saskatchewan's then deputy minister for Intergovernmental Affairs, watching over a talk between premiers from Newfoundland, British Columbia and Alberta. (University of Alberta)

After many decades of endless wrangling about the Constitution, in just four very tense days in early November of 1981, the government of Canada finally succeeded in making the Constitution fully Canadian. The landmark document gave Canadians new legal protections under the Charter of Rights and Freedoms. 

But that document was not forged without consultation and consent from the provinces. 

Most provincial premiers opposed Pierre Trudeau's sweeping charter of rights proposal. They feared it would diminish their influence, transferring power from elected politicians to non-elected judges.

The opposing premiers discussed diluting Trudeau's charter of rights, allowing provinces to override the charter. The notwithstanding clause would allow provinces to declare particular laws exempt from the provisions of the charter. 

Leeson, one of the architects of the notwithstanding clause, was Saskatchewan's deputy minister of intergovernmental affairs when the negotiations took place more than 40 years ago.

Black and white photo of five men.
Howard Leeson (2nd from right), one of the architects of the notwithstanding clause, was Saskatchewan's deputy minister of intergovernmental affairs when the negotiations took place more than 40 years ago. (University of Alberta)

Calvert said Leeson was a constitutional expert and a civil servant who'll be remembered for shaping Canada. 

"Howard was a leader in terms of the public service at that time and remained a leader among public servants across Canada for decades," he said.

NDP MLA Trent Wotherspoon said Leeson, until very recently, had continued to provide guidance in policy-making. 

"Howard Leeson, right to the very end of his life, continued to work for a stronger Saskatchewan within a stronger country. He continued to advance fresh ideas and to work together to build that better future for all," Wotherspoon said.

WATCH | Notwithstanding clause architect and U of R professor Howard Leeson mourned:

Notwithstanding clause architect and U of R professor Howard Leeson mourned

14 days ago
Duration 1:31
Howard Leeson is being remembered by many for his brilliant mind and love of Saskatchewan and Canada. He was involved in many key moments in history, including the patriation of Canada's Constitution. As a longtime political science professor at the University of Regina, he was also a much-loved educator.

Leeson had recently voiced concerns about Saskatchewan's use of the notwithstanding clause, saying he and other architects of the clause intended it for provincial governments to use in exceptional circumstances — and only after all court matters had been completed.

As a long-time political science professor at the University of Regina, Leeson was also a much-loved educator and an author.

"I'm going to greatly miss his counsel, his advice, his friendship and his mentorship," Wotherspoon said. "He was also a brilliant educator and impacted the education of many through his service as a professor."

ABOUT THE AUTHOR

Shlok Talati

Journalist

Based in Regina, Shlok Talati is a reporter with CBC Saskatchewan. Talati joined CBC News as a Donaldson Scholar in 2023. He has since worked with The World This Hour, CBC Toronto's digital desk, and CBC Sask. He holds a master of journalism from the University of King's College, Halifax. You can reach him at shlok.talati@cbc.ca