Madam Speaker, here is a perfect example of why the Bloc Quebecois has its place in Ottawa. We are here to face a government that is constantly insulting the intelligence of Quebecers. It is with great reluctance that we are debating Bill C-110, which will go down in history as the last insult the federal government will have inflicted upon Quebecers.
Bill C-110 proposes a formula to amend the Constitution of Canada. It is simply a federal statute with all that it entails. It does not change in any way the amending formula since the procedures for amending the Constitution of Canada can only be modified through the procedure set out in section 41 of the Constitution Act, 1982. I will come back to this later on.
This bill does nothing but restrict the federal government's discretionary power to propose resolutions authorizing constitutional amendments. All in all, the federal government, being generous as it is, is lending to the provinces its constitutional veto. This bill brought forward by the Prime Minister and his associate, the Minister of Justice, adds to the numerous amending formulas already provided for in the Constitution Act, 1982.
It will take a Ph. D. in constitutional law to be able to understand all that. Let us take a look, if we may, at the amending formulas already provided for in the Constitution of Canada. Four legal procedures for amending the Constitution are set out in sections 38 to 44, Part V, of the Constitution Act, 1982. The most demanding formula applies only to fundamental changes to the Constitution.
Amendments in this category must be authorized by resolutions of the Parliament of Canada and of the legislative assembly of each province. That is what we call the unanimity formula. There is also another amending procedure for changes in the distribution of legislative powers between the federal Parliament and the provincial legislative assemblies.
It is the same procedure that must be followed to amend most of the provisions of the charter of rights and freedoms.
The changes must be approved by Parliament and at least two-thirds of the provinces that have combined populations of at least 50 per cent of the population of all the provinces. This is what we call the seven and fifty amending formula. It provides that major amendments could be made to the Constitution without
Quebec's consent, because if Ontario were among the seven consenting provinces, the population requirement would be met.
The third formula relates to amendments concerning one or more provinces. They include changes to provincial boundaries and the use of English and French within a province.
The fourth procedure is found in section 44 of the Constitutional Act, 1982. It concerns changes to the executive branch of the Canadian government, the Senate or the House of commons.
Now the Minister of Justice is proposing a fifth amending procedure. In the future, one will have to be very clever to be able to amend the Constitution.
Not only is the bill introduced by the Minister of Justice an insult to Quebecers, it is the deathblow to the Constitution.
This minister insults us by pretending to be following up on the promises made by the Prime Minister during the referendum campaign. He takes us for turkeys and is trying to shove his right of veto down our throats. He is debasing the concept and letting four regions of Canada use the federal's right to veto.
If anyone in this House believes that Bill C-110 does more than simply lend something from the federal to the provinces, he or she is sadly mistaken.
Not satisfied with adding to the constitutional jumble, the minister is strutting around saying he has a new formula for us. But it is a rehash, déjà vu.
What the minister is serving up is a diluted version of the 1971 Victoria formula spiced to the taste of the day. Federal mandarins have not waited long before showing their true colours. The only solution found by this hypocritical government was to brush away the cobwebs from the Victoria formula of 1971 and take the right of veto out of it. A new and improved formula. What nonsense.
When the Prime Minister, through the Minister of Justice, introduces a bill proposing a regional right of veto and a motion dealing with the distinctiveness of Quebec, he adds insult to injury. He could not care less about Quebecers.
Neither the present Prime Minister nor his successors will be legally bound by the amending formula. If, God forbid, it should become a law this formula would be an ordinary act like any other act and it could be repealed any time by the federal government.
But how can we debate something we do not want to talk about any more? The Victoria formula was one of countless negotiations on constitutional reform. Those negotiations have been held ad nauseam but to no avail, except perhaps to deprive Quebec of the means it needs to develop itself in the Canadian federation.
Efforts to corner Quebec have been such that the province is stifled and can only survive by acceding to sovereignty. The justice minister is wasting his time and ours. Do you believe that after all the affronts it has been subjected to, Quebec is going to accept such a proposal? I remember. Like all Quebecers, «Je me souviens.»
Let us remember the so-called St-Laurent amendment of 1949, the 1960 Fulton formula, the 1964 Fulton-Favreau formula, Quebec's refusal of the Fulton-Favreau formula, the 1971 Victoria formula, the attempts by Pierre Elliot Trudeau in 1976, the 1978 and 1979 conferences, the Pepin-Robarts formula, the conference of September 1980, the patriation project of October 2, 1980, the infamous patriation of the Constitution in 1982, the 1987 Meech Lake Agreement, Meech II and its defeat in 1990, the Charlottetown accord and its defeat in 1992.
We will remember those 35 years of constitutional setbacks. The most recent affront sustained by Quebec is one too many. The Prime Minister of Canada, through his Minister of Justice, is today signing the death warrant of any possible constitutional reform.
The Prime Minister is swaggering about and boasting about his empty proposals. He has a short memory. He should play the recording of the address he made to the nation four days before the referendum of October 30.
I will never forget the sight of a desperate Prime Minister who did not have a clue about what promises to make next in order to win votes. A contrite and humble man.
Many believed in this Greek tragedy. Many fell for it and believed the Prime Minister's promise to make changes. Today, the Prime Minister is patting himself on the back, but there is nothing to be proud of. Bill C-110 is a big bubble that is bound to pop sooner or later. Everything has its limits.
The real purpose of the Prime Minister is to muzzle Quebec by stopping any future constitutional change. His right of veto is nothing but an illusion aimed at drowning Quebec in the Canadian sea. One people from coast to coast, with a wall to wall nationality.
This bill is a rehash of the 1971 Victoria proposal. In an article entitled "Modifying the Constitution or mummifying Quebec", in Le Devoir of May 15, 1971, Jacques-Yvan Morin had this to say about the Victoria formula: ``You do not have to be a rocket scientist or even a sociopolitical expert to see what insurmountable problems Quebec will experience as soon as it tries to gain some significant change. Not that the amending formula is bad in itself-it would be perfectly acceptable in a homogeneous English state-but it does not take into account Quebec's aspirations or rather, it does, but to quash them''.
I go on with the quote: "All in all, the anglophone provinces and the federal power are telling Quebec it can seek more powers and make as many major plans as it wishes, but it is only through them that it will achieve these goals. The new formula is the antithesis of the peoples' right to self determination. Under a benevolent exterior, federalism is in fact hiding dregs of colonialism".
Although this was written 24 years ago, it is surprisingly contemporary. This is to say that the federal government has not progressed that much since then. It is still intent on mummifying Quebec. Between the Victoria formula and the Meech Lake Accord, Quebec was taken for quite a constitutional ride in 1982.
As we remember, in 1980, Pierre Elliott Trudeau, the then Prime Minister, and Jean Chrétien, his trusted lieutenant, had solemnly sworn to renew the Constitution, taking into account Quebec's interests. The Constitution forced on Quebecers in 1982 decreases Quebec's fields of exclusive jurisdiction. Moreover, Ottawa gave itself authority to amend the Constitution without Quebec's agreement. Quebec's right of veto disappeared. As a result, Quebec has had no say on constitutional amendments likely to change its political future.
The unilateral patriation of the Constitution substantially reduced Quebec's legislative powers in matters of education and language. Since the patriation of the Constitution in 1982, the federal government has had a field day. It has continually intruded on matters under Quebec's jurisdiction, especially regional development, manpower training, cable television and several cultural areas.
Then the whole constitutional process got bogged down at Meech Lake.
When we talk about Meech Lake, we talk about the accord signed in June 1987 by the eleven first ministers of Canada. It was aimed at reintegrating Quebec into the Constitution "with honour and enthusiasm". There again, the results reflected the ill will of the federal government and of the English provinces.
Quebec had offered to sign the Canadian Constitution provided five minimum conditions were granted. Namely, distinct society status for Quebec; more power in matters of immigration; limiting federal spending power in Quebec's fields of jurisdiction; Quebec's participation in the appointment of judges to the Supreme Court of Canada; and finally, the right to veto constitutional amendments.
In June 1990, New Brunswick, Newfoundland and Manitoba reneged on their signature, thereby sinking the accord. Despite last minute negotiations at the premier level, Manitoba and Newfoundland refused to ratify the accord.
The day after its failure, the Prime Minister, who is now pushing a bill which is not worth the paper it is written on, embraced one of the most vociferous opponent to Meech, the Premier of Newfoundland, Clyde Wells. A Canadian version of Judas' kiss. I remember quite well, Madam Speaker.
The failure of the Meech Lake Accord, which was to be the answer to the basic requirements of Quebec and bring the province back into the constitutional bosom with honour and enthusiasm, definitely proved that Canada refuses to recognize, among other things, the distinct character of Quebec. This week, the Prime Minister went so far as to reduce the distinct character to the level of a simple resolution of the House of Commons, without any legal meaning.
We can certainly congratulate the Prime Minister for his consistency. He remains as sly as he has ever been.
Let us continue our constitutional tour. In August 1992, the Charlottetown Agreement was signed by all representatives of Canada: ten provinces, two territories, four aboriginal organizations and the federal government. It was a "made in Canada" response to Quebec's legitimate requests.
That agreement was a watered down version of Meech Lake and Meech Lake number two. Among other things, it recognized Quebec as a distinct society, accepted the transfer to Quebec of all responsibilities in the cultural area and stated that the federal government would withdraw from municipal affairs, tourism, recreation, housing, mining and forestry.
On October 25, 1992, 57 per cent of Quebecers rejected the Charlottetown Agreement. They considered, with reason, that the agreement would give them only crumbs. The rest of Canada also turned down that agreement. English-speaking Canadians voted against it because they thought it gave too much to Quebec. Again another striking example of their love for Quebec.
In spite of his commitment to negotiate on a one to one basis with the federal government, Robert Bourassa agreed to negotiate with representatives of nine provinces, two territories, four aboriginal organizations and the federal government. He even approved the agreement which gave Quebec even less than the Meech Lake Accord.
For 35 years now, Quebec's requests for more power in the cultural, social and financial areas have been constantly rejected by the rest of Canada.
Again today, the federal government is laughing at Quebecers with that bill. I say this to the government: the constitutional circus is closed for good; stop acting like clowns.