Mr. Speaker, I rise to take part in the debate on the referendum held in 1995 on the denominational school system in Newfoundland. On September 5, 1995, the Newfoundland government held a referendum on denominational education in the province, which is protected under term 17 of the union conditions signed by the Canadian government and the Government of Newfoundland in 1949.
Part V of the Constitution Act, 1982, deals with the amending process to the Canadian Constitution. Section 43 allows the federal government to amend the Constitution in relation to any provision that applies to one or more provinces. Such an amendment requires the passing of a resolution by the House of Commons, the Senate and the legislature of the concerned province or provinces.
Three times already since 1982, the Canadian government made constitutional amendments under section 43: first, in 1987, to put the Pentecostal schools of Newfoundland on an equal footing with the seven denominations recognized in the 1949 terms of union; second, in 1993, to guarantee the equal status of French and English in New Brunswick; and third, again in 1993, to facilitate the building of a fixed link between Prince Edward Island and New Brunswick.
However, this case is an exception. Indeed, this would be the first time a referendum preceded the adoption of a constitutional amendment by the concerned legislature. It must be said that this referendum was not a prerequisite to the proposed constitutional amendment.
Let us recall the objectives of the Newfoundland government. This project is part of an effort to streamline the provincial education system in order to save $17 million.
Newfoundland wants only one education system instead of four, only one school for all denominations. The number of school boards will be reduced from 27 to 10. From now on, the schools will be multiconfessional. By the way, this reform project is in line with the recommendations of the Newfoundland Royal Commission on Education, which where made public in 1992.
In the 1995 referendum, the following question was asked, and I quote: "Do you support revising term 17 in the manner proposed by the government to enable reform of the denominational educational system?" Certain commentators said that the question was not clear, that is was complex and that it favoured the yes side. Such comments remind me of others made about the question of the last referendum in Quebec. Yet, at no time did we hear the federal government condemn the situation.
I know the results of the Newfoundland referendum do not compare with those of the Quebec referendum. First of all, the participation rate reached only 52 per cent of eligible voters when it reached almost 94 per cent in Quebec. That low participation rate in Newfoundland means that 28.75 per cent of the voters were in favour of the change. The 19,941 voter majority in favour of the government plan may seem very thin.
Nevertheless, all these considerations did not prevent the federal government from recognizing the result of this referendum. After the Newfoundland legislature approved, by resolution, the referendum result, Canada's prime minister expressed his intention to go ahead with the requested constitutional amendment.
I acknowledge the recognition of a referendum result by the federal government. Even though the government is very careful not to give that interpretation to its decision, we can give this moment in history all its meaning because it is undoubtedly a precedent that we will be able to use to our advantage in the future.
That precedent is indeed established through the recognition of the result of a referendum in which 52 per cent of eligible voters went to the polls and only 54 per cent of them voted in favour of the proposed constitutional amendment.
The Bloc Quebecois has chosen to support Newfoundland's decision since it was made in accordance with recognized democratic rules, through a referendum in which the majority of voters who took part voted in favour of an amendment.
However, we are concerned about the inadequacy of the education rights of the francophone minority in Newfoundland. The Roman Catholic Church, through the Roman Catholic Bishops of Canada, has also expressed its concern, as well as the Fédération des parents francophones de Terre-Neuve et du Labrador. Therefore, we sincerely hope that the Newfoundland government will seize the opportunity to revise its legislation with regard to education in order to allow francophones in that province to assume total responsibility for the management of their schools.
However, I deplore the fact that premier of Newfoundland, Brian Tobin, is saying high and low that, by supporting this motion, the Bloc Quebecois proved that the rule of law would prevail at all times and that it recognizes the Constitution's legitimacy. Yes, we support the rule of law if it is for the emancipation of peoples, but we reject the rule of law in cases where it would force peoples into subordination.
Besides, Mr. Tobin, our ex-colleague, should be reminded that this matter is about the enforcement of clause 43 in the Constitutional amending formulas according to the specific needs of a province or group of provinces.
Quebec's sovereignty cannot go through that process which is far too restrictive. To recognize the right enshrined in section 43 of the Constitution does not lead to recognizing the political legitimacy of the whole. Let us not forget that the Constitution Act of 1982 has not yet been signed by the Government of Quebec.
But above all, we, in the Bloc Quebecois, claim that it is the political, not the legal, legitimacy of the referendum results that matters. In this case, as in a future referendum in Quebec, politics take precedence over the legal niceties. This is why this House is complying with the result expressed by the people of Newfoundland. Mr. Tobin must understand that our support for this motion is based on the principle that democracy takes precedence over law. What government would dare to go against the freely expressed will of the people?
Summing up, we are faced with a participation rate of 52 per cent, considered sufficient enough by the federal government to recognize the referendum results. We are faced with a federal government which has recognized a referendum question written solely by the Government of Newfoundland. We take note of it and we will draw from it the appropriate conclusions for Quebec.