Mr. Speaker, there are only a few minor elements I would like to discuss tonight. Many references to the participation rate in the referendum that took place in Newfoundland were made. It was said that that rate was so low that it undermined slightly the credibility of the exercise.
People often say that the right to vote is a also a responsibility for the citizen. We know that there are citizens who are highly interested in politics and others who are not very interested. Would had it been very appropriate for those who did not really take an interest in the debate surrounding the Newfoundland referendum to make a judgment on the issue since they had decided to leave it to other more informed people?
So, the participation rate is not really important. In Quebec, the participation rate, or the percentage of people who felt concerned by the issue, exceeded 90 p. 100. In Newfoundland, less people decided to participate. So be it. We have to respect their decision.
The other thing I would like to mention is the fact that the word referendum seems to raise great fear in this House. I believe that a referendum, as has been said so many times this evening, is a very modern and highly democratic tool.
What is important to understand is that, at the present time, in this dynamic world with its rapid changes, where we are constantly being required to totally change our tack, decisions must be made quickly, but they must be tailored to the wishes of the people. That leads us to the concept of referendum.
What can be wrong with consulting the people, consulting those who have pondered the question? So we prepare a question for the population, and those who want to answer do so. That is completely normal, and I believe there ought to be more referenda.
The other point is that, when legislation is being prepared, we need to add things to it, and then later on it will dictate to us how we ought to act.
In the end, the people are represented by politicians, and these very politicians establish the laws defining the broad social trends in our society. At some point in time, we realize that these laws, including the Constitution, are so complex we get lost in them. How can our country remain dynamic and adapt quickly, when we are caught up in a jumble of laws?
This brings me to the Bertrand case, which claims that we cannot do what we want to do because the law prevents it. But the people, through their politicians, establish the laws to define the course of society, and we are not even allowed any more to oppose it. I think there is room to question this. Society needs to debate this point. We should ask people about this, because they are those who elected us here.
They elected us to represent them along some party lines and those party lines are the ones defining social trends. However, we must lend an ear to the people to know if our decisions are appropriate. These are considerations that fascinate me tonight, and I think we would gain from pondering over them.
Last September 5, the Newfoundland government held a referendum to change the school system to a non-denominational one. Results were a yes vote of 54 per cent with a 52 per cent participation rate, which meant that the Newfoundland government could start the process whereby it is today asking the federal government to amend term 17 of the 1949 union act, in accordance with clause 43.
As we know, section 43 allows the federal government to amend the Constitution with the consent of one province when the amendment applies only to this province. We also know that section 43 was used on three occasions in the recent past. In 1987, with regard to the same rights of churches in Newfoundland, but it had to do with the Pentecostal Church. In 1993, to enshrine the equality of the French and English languages in New Brunswick. And again in 1993, to facilitate the building of a bridge between Prince Edward Island and New Brunswick.
We do not see anything wrong with the proposed reform. The school system in Newfoundland has become too complex and too costly. Three years of consultations with the churches involved have led nowhere. If an agreement had been reached, it could have been cancelled by anyone with the help of the courts.
As I was saying, the rule of law Mr. Bertrand is so adamant to support has its limits. When the limits have been reached, fortunately there remains democracy. We come full circle; is the law there to serve the people or are the people there to serve the law? What tools can we use? I think a referendum is a very good one.
When the population so wishes, even if the turnout is not so large, the opinion of the well-informed prevails. Fifty-three per cent of the people felt they were informed enough to give their opinion. They said what they had to say. Democracy played its role. I hope things work just as well during the next referendum in Quebec. The participation rate will be determined by the number of people really interested in the debate.
Maybe we should hold a broad public debate on the right to vote. Is it a civic duty or a right? Are those who vote knowledgeable enough to give direction to public debates in our country?