Madam Speaker, I would like to say how pleased I am to speak today on a matter as interesting as the one we are now addressing. For the fourth time in its history, a legislative assembly, this time the legislature of Newfoundland and Labrador, has adopted a resolution asking the federal Parliament to amend the Constitution under section 43 of that Constitution.
This section allows the federal government to amend any provision of the Constitution which applies to one or more of the provinces, in this case Newfoundland and Labrador. According to section 43, any such amendment may be made by adoption of resolutions of the House of Commons and Senate and of the legislative assembly of each province to which the amendment applies.
In 1987, this House adopted a resolution to place the Pentecostal schools of Newfoundland on the same footing as the seven denominations recognized by the 1949 agreement, as well as to ensure their funding. This was the first constitutional amendment made under the section of concern to us today, section 43.
The second was to guarantee the linguistic equality of French and English in New Brunswick. That was in 1993. The same year, there was another constitutional amendment to permit the construction of an interprovincial bridge between Prince Edward Island and New Brunswick. I would point out that, in this vote, which involved approving the construction of a bridge, the Bloc Quebecois voted in favour, because we felt, and continue to feel, that this is the best long term solution in economic terms.
Today, therefore, the members of this House are preparing to pass a resolution that will lead to a new constitutional change, and I shall spare you the reading of the text. I would, however, mention that the aim of the Newfoundland legislature is to rationalize the province's education system to permit savings to be made. The aim is to put an end to denominational schools so as to cut the number of school boards-everywhere these days there is talk about downsizing the school boards, even in Quebec-in order to set up a new multidenominational school board, which will be more efficient and less costly, it is claimed.
This proposed education reform is based on the recommendations of the Newfoundland royal commission of inquiry into education, which published its report in 1992. The major obstacle faced by the Newfoundland government arises from the fact that denominational schools were guaranteed by term 17 of the Terms of Union establishing Newfoundland's entry into Canada in 1949, which is an integral part of the Canadian Constitution.
At first glance, there does not appear to be a problem, because the Government of Newfoundland could simply have passed a resolution to amend term 17 of the constitutional agreement of 1949 and then simply have it passed by this House. This time, however, the provincial legislature wanted to hold a referendum first to consult the people of Newfoundland before passing its resolution.
The referendum question asked Newfoundlanders whether they would allow the Government of Newfoundland and Labrador to introduce a resolution calling for the amendment of term 17 of the Terms of Union of Newfoundland with Canada. It must be pointed out that there was no obligation to hold a referendum to amend this term, since the amending formula in section 43 of the Constitution requires only that a resolution be passed by the Newfoundland legislature, the House of Commons and the Senate in such cases.
Yet, the Government of Newfoundland felt it had to hold a referendum in order to consult the population beforehand, thus
showing great respect for democracy. As we well know, referenda were not so widely used 30 years ago but today, with all the countries in the world joining large consortiums in Europe, Asia and North America, we will see more and more of them.
In this referendum, which, by the way, is the consultation mechanism par excellence and is now gaining popularity around the world, the people of Newfoundland expressed their desire to amend the extent to which and the way the various religious denominations get involved in the administration of the education system. They endorsed the government proposal by a 54 per cent majority, which is not that much. Only 52 per cent of all the people exercised their right to vote.
This referendum was held on September 5, 1995. In the following months, the Prime Minister of Canada said in response to the Newfoundland premier's formal request that he intended to table for adoption the text of the constitutional resolution in February 1996. In his letter to his provincial counterpart, the Prime Minister gives no indication whether he agrees with the referendum result; he simply accepts it and says he will table the resolution in the House.
In his response, the Prime Minister of Canada showed clearly that he accepts the result of a referendum in which 52 per cent of all registered voters participated and in which 54 per cent of the ballots cast is an acceptable majority. The parallel with the referendum situation in Quebec is impossible to ignore.
Although the issue of Quebec sovereignty is much more important and has a greater impact than today's constitutional amendment, that fact is that the Prime Minister has established a precedent by accepting the results of the referendum held in Newfoundland and Labrador.
The Prime Minister said in this House on several occasions-I will not quote from Hansard but I think everyone remembers the various times he said this-that a result of 50 per cent plus one in a referendum on Quebec sovereignty was not enough. He said a result of 50 per cent plus one was not an acceptable majority in the case of a Quebec referendum. Today, the same Prime Minister recognizes the results of a referendum in which only 54 per cent voted for a constitutional amendment and only 52 per cent of registered voters participated. We all know that voter participation in the Quebec referendum was slightly higher. It actually was over 90 per cent.
Are we to conclude from this that, for the Prime Minister, a referendum in which only 52 per cent of registered voters have exercised their right to vote is good enough anywhere in Canada except in Quebec, where 90 per cent of the population participated in the referendum and are about to do so again soon? Are we also to conclude that, for the Prime Minister, a referendum held across a province where a majority voted yes, with 54 per cent, this is good enough, except in Quebec of course, where 54 per cent is just not good enough? In his mind, according to the figures quoted or hinted at by friends of the regime and business people, it would take a 65 per cent vote, perhaps as high as 70 per cent, it is not clear, for a yes victory in a Quebec referendum to be recognized.
This makes us realize how totally inconsistent the Prime Minister of Canada and his government are. A referendum is a democratic public consultation process, and the cornerstone of democracy is precisely the 50 per cent plus one rule. It is the majority of the population making a choice.
In the information papers we have received, one of which I believe is from the Department of Justice, there are striking similarities there. Question 4 states: "Why do church and government leaders in Newfoundland and Labrador not settle this issue without constitutional amendments being necessary?" The paper in favour of passing the resolution reads: "Having negotiated intensively for three years, the Government of Newfoundland and Labrador was unsuccessful in obtaining the consent required to implement the necessary changes. In addition, a further attempt by the Newfoundland and Labrador education minister to negotiate an agreement also failed and did not produce an agreement on key reforms".
In Quebec, we have been trying for 30 years and we are still waiting. So far, every attempt to reach an agreement has failed.
The document submitted to us by the Department of Justice also included the question: "Why are these changes necessary?" The answer given is that the current system must be changed, because it creates a complex administrative structure generating overlap and inefficiencies.
What difference is there with the Bloc Quebecois? The document states that the Government of Newfoundland and Labrador has come to the conclusion that eliminating these costly inefficiencies and freeing up resources to introduce other operational changes is the best way to improve its education system. Eliminating costly inefficiencies is, of course, exactly what Quebec and the Bloc Quebecois are asking for.
Shortly before I rose to discuss this issue, the House was debating the very real possibility of conducting an in-depth review of the Senate's role, and even of considering abolishing it, given the current situation. This suggestion has nothing to do with the quality of the men and women who sit in the Senate. Rather, it is based on the fact that this institution is an anachronism in our system. It prevents it from functioning well and it is also costly for nothing. The figure of $65 million per year was mentioned.
So, Newfoundland wishes to make some changes to its system to improve its situation. This is exactly what Quebec seeks to do, albeit on another scale.
The document also states that "it is those affected by the changes that approved them". This is in reference to the people who voted in the referendum held in Newfoundland. So, according to the Department of Justice, when a referendum will be held on Quebec's sovereignty, those affected, namely Quebecers, will have the right to express their views, because they will be the ones affected by the outcome.
Further on in the same Department of Justice document, in response to Question No. 9, the following is asked: "Did the government of Newfoundland and Labrador act arbitrarily?" Response: "On February 22, 1996, the Government of Newfoundland and Labrador received a majority mandate with the campaign promise to reform the denominationally-based school system". Here again, we note the similarity with Quebec. Let me just remind the Liberal MPs, in case they have forgotten, which I doubt, that the Parti Quebecois received a majority mandate with the campaign promise of holding a referendum on the sovereignty of Quebec.
Another point catches my attention as well. Here we are speaking of a constitutional amendment which might impact upon other provinces. Yet the Liberal government, the government in this House, did not ask to choose the wording for the referendum question. It was drafted solely by the Government of Newfoundland, with no participation whatsoever by the federal government or any other provincial governments. Odd, because in the case of Quebec the federal government absolutely insists on taking part in preparations for the wording of the question. Yet that question, as will be seen later, will be asked of Quebecers by Quebecers. As in Quebec, however, the proponents of the no side in Newfoundland are unanimous in criticizing the question, as we have seen in the press reports, for being ambiguous, not explicit enough. But no attention was paid to that. The question was asked by the people of Newfoundland, it was answered by the people of Newfoundland, and the federal government did not get involved in drafting the question, whereas it did indicate that it might do so for Quebec.
In this connection, we have listed a few questions that were not raised about the recent Newfoundland referendum, yet are being raised in the case of Quebec. I will run through a few of them quickly, since I think I have only four or five minutes left.
A lot has been said on the question of a simple majority. The Prime Minister has intimated a number of times in the House, as I said earlier, that a simple majority might not be enough to ensure Quebec's sovereignty. In July 1948-and my colleague from Berthier-Montcalm has looked into this much more deeply than I-barely 52 per cent of Newfoundland electors agreed to join the Canadian federation in a referendum, and this was the second referendum in a few months, with the first one being held on June 3, 1948. So, the results of the first one were not accepted.
In the case of the second referendum, which passed with 52 per cent, 48 per cent of Newfoundlanders voted no, not wanting to join with Canada. It was not this figure that was taken into account, but rather the vote of the democratic majority, and Newfoundland joined Confederation.
Since referenda will be used increasingly, we will see internationally that the results of referenda committing peoples' future will be ever closer. The law of the majority will never change. In November 1994, 52 per cent of Swedes voted to join the European Union; although 48 per cent voted against, the rule of the majority prevailed. Two weeks later, Norway voted against joining by 52 per cent; 48 per cent of Norwegians were in favour, but the law of the majority prevailed.
The rule of a simple majority in a referendum is universal, because it is the only democratic and practicable rule. When a society says "one person, one vote", it does not mean "one person, two thirds of a vote" or "one person, a vote and a third". Everyone's vote is equal. This is why a referendum is based on a majority.
When Quebec joined the federation, there was neither a referendum nor an election. Quebec joined the federation by parliamentary vote. In the first Quebec referendum on sovereignty in 1980, and in the referendum on the Charlottetown accord, the federalists participated in the campaign without ever imposing any conditions regarding a majority of more than 50 per cent, because until then they were confident they would win. But, as soon as things start heating up, they want to change the rules of the game. In Quebec, like everywhere else, winning a referendum requires a simple majority, that is to say, 50 per cent plus one vote.
I have noted on several occasions that our friends in the Reform Party have, through their leader, taken a clear stand on this issue. I am convinced others have taken the same position, although I have been unable to read the reports in other newspapers, I did read his statement that:
"A 50 per cent plus one vote for independence is sufficient for Quebec to leave Confederation, according to the Reform leader, but the terms and conditions would have to be subject to a referendum in the rest of Canada". I agree with that. "I do not know of any other threshold than 50 per cent plus one". That is what went on everywhere.
There is also Don MacPherson, who wrote in a recent article in the Gazette :
"I hate to test his legendary modesty but I am forced to admit that my good friend Bernard Landry"-I do not know if it is true that he is friends with Bernard Landry-"is right again. Landry, who is vice-premier in the Parizeau government"-so this goes back a few months-"says a simple majority is good enough to decide a referendum on sovereignty. The vice-premier could have also pointed out that it was good enough for federalists in the 1992 Quebec referendum on the Charlottetown constitutional accord. What is sauce for the federalist goose is sauce for the sovereignist gander". He ended by saying: "And by current world standards of democracy, a yes vote in the referendum would give a Quebec declaration of independence impeccable legitimacy".
This does not mean it would be easy, but it would be legal. We could repeat some of the other arguments that were never made again in relation to what is happening elsewhere in Canada. There is no dispute about the Newfoundland referendum, which was only won by a few points and in which only about half the population voted. But they are already starting to set the rules for the next referendum in Quebec.
They are now addressing the issue of borders and minorities. They are telling us the borders of Quebec might change, that minorities may not want to stay within these borders, that the territory may be partitioned, who knows. Yet, Canada as a country has recognized many countries in the world-I will name a few-with the borders they had before. Canada has recognized the two sovereign countries that resulted from the partition of Czechoslovakia: the Czech Republic and Slovakia. Ottawa was one of the first capitals to recognize Ukraine's independence in 1991, and that of the Baltic states, as we remember. In the case of the Baltic states, which became sovereign through democratic means, I think Canada was the first country to recognize their independence and all their borders. Yet, the fact that all those countries have significant minorities does not take anything away from the results of a democratic referendum.
As for the resolution proposed by the legislature of Newfoundland and Labrador, I will support it because the people have expressed in a provincial referendum their desire to amend the extent to which and the way religious denominations get involved in the administration of the education system. I, however, would like to point out one thing, namely that the federal government seems to feel there are two kinds of democracy in this country: one for Canada and one for Quebec.