Mr. Speaker, I rise to speak on this issue. There are three points that I wish to point out: first, the substance of the motion now before us; second, the issue of precedent; and third, the rights of francophones of Newfoundland and Labrador.
On the matter of substance, what is before us is a request from the Government of Newfoundland and Labrador to amend the terms of the union, section 17, to have a greater say in the administration and governance of the school system in the province.
I admit to a certain amount of sympathy for that. For instance, in the Ottawa-Carleton area which is essentially more populous than Newfoundland we have six school boards. Very often we hear people in the community griping about there being too many and so forth. Newfoundland which has a lesser population than the Ottawa-Carleton area has 27 school boards. One can imagine certain elements of administrative costs the government would perhaps want to better control. On that basis there is a certain amount of sympathy among the people of Ottawa-Vanier.
The notion of trying to reduce the number of school boards seems to have some merit. From the arguments we have heard and the facts in this case, even the representatives of the various denominations that have control of the school boards have negotiated with the government to arrive at a different situation.
I have been advised there was certainly a willingness on the part of the various representatives of the denominations to come to terms with what the government wanted to do. On the basis of the willingness to move it would indicate a need to do so. On the basis of the substance, therefore, I would be hard pressed to say there is no merit.
The simple fact is that the government was elected and this was at the forefront of its campaign. It has the approval of an overwhelming and perhaps even unanimous majority of members of the legislative assembly. The fact that it is supported by all party leaders would indicate a certain amount of willingness to move in that direction and to modernize the school system in Newfoundland.
On that basis I have to admit a certain amount of sympathy for the request.
As far as the question of precedent is concerned and the fact that a precedent could jeopardize the linguistic rights of minorities elsewhere in the country, I must say the answer to such a question is a firm no.
The bilateral constitutional amendment that Newfoundland is asking us is possible pursuant to section 43 of the Constitution of Canada and does not affect in any way section 23 of the charter, which protects the rights of linguistic minorities. The amendment deals only with the situation of Newfoundland and gives the government the right to administer the school system. The right of church groups to operate schools is maintained.
As for affecting the rights of linguistic minorities elsewhere, that would require the application of the amending formula we know, which requires seven provinces totalling 50 per cent of the population, as well as the application of the regional veto rule we imposed on ourselves and the agreement of the Government of Canada, which is not easy to obtain when it is to reduce minority rights. I can hardly imagine a situation or circumstances that could lead to such a change. And I am not alone to think so.
I would like to quote the Minister of Justice who said in this House: "The instance we have before us is profoundly different from what would arise with a proposal to change minority language or native education rights". The minister made that declaration after consulting many experts. That is not to be taken lightly.
I would also like to quote a text sent to the Department of Justice by the respected company McCarthy Tétrault. It was signed by Ian Benny. Here is what it said in English:
In our opinion there is no realistic possibility that use of section 43 by Newfoundland and Canada to enact a proposed constitutional amendment would have legal implications for minority rights in any other province or under the charter.
Given these opinions, I would say that the rights of minorities in other provinces, particulary the rights of francophone minorities, are not threatened by the adoption of the resolution under consideration.
I would now like to speak about the rights of francophones in Newfoundland and Labrador. At the present time, there is no francophone school board, despite sections 16 and 23 of the charter. This situation led, earlier this year, to a court challenge on the part of six individuals, the Fédération des parents francophones de Terre-Neuve et du Labrador, and the Fédération francophone de Terre-Neuve et du Labrador against the Government of Newfoundland and that province's education minister. Since this case is now before the courts, I will refrain from commenting on it.
I will not, however, refrain from commenting on the fact that 14 years after the passage of the charter of rights and freedoms in 1982, there is still such a situation in Newfoundland. I was very encouraged by the remarks of the premier of Newfoundland, the hon. Brian Tobin. I would like to quote from an article that appeared in Le Droit on May 30 or 31. The article quotes Mr. Tobin as saying: ``Once the constitutional amendment required by Newfoundland has been passed, we will be able to make provision for a school board serving the francophone community of Newfoundland and Labrador''.
A little further on, Mr. Tobin continues: "I am prepared to see that the francophone minority of the province of Newfoundland and Labrador is given the means to manage in the province". Let us therefore hope that the situation will be corrected before the fifteenth anniversary of the charter if this amendment is passed today.
I would also like to add that last weekend I took part in the annual meeting of ACFO, the Association canadienne-française de l'Ontario.
It is very interesting to note that the topic was not raised, even though the meeting took place on the eve of today's debate. I, however, took the opportunity to discuss the issue with a number of people who were there, and, on the whole, those I spoke with seemed to be in favour of the resolution before us.
In conclusion, in light of what I have said about the substance, about the fear of setting a precedent, especially with respect to linguistic minority rights across the country, and on the strength of the argument advanced by the premier of Newfoundland, Brian Tobin, I would indicate that, in the vote later this evening, I will be supporting the resolution.