Mr. Speaker, I wish to speak about the implications of amending Canada's Constitution at the request of Newfoundland's legislature.
I would like to thank the Prime Minister for allowing a free vote on this vital issue. I respect that most of my colleagues from this side of the House do not see this resolution as I do.
In my view, this initiative has implications for all Canadians. The Government of Newfoundland and Labrador has initiated this proposed amendment in order to improve the quality of education in the province by maximizing the effectiveness of the use of taxpayers' dollars. This is a goal we all respect.
This issue also has deep implications regarding the rights of minorities. There is no question that education is a matter of provincial jurisdiction. Education was just as much a matter of provincial jurisdiction in 1949 as it is today. Nonetheless it was included in the Constitution at the time.
Changing the Constitution is very much a part of federal jurisdiction and respect for the rights of minorities is one of the federal government's responsibilities. What we are talking and voting about today is not just education, but changing the Constitution and not just any provision in the Constitution.
The constitutional provision securing the preservation of educational rights for religious minorities was a very specific and important condition with Newfoundland and Labrador joining Confederation. Entrenching educational rights was the underlying basis under which many voted in favour of joining Canada. It is not a provision that should be lightly cast aside.
As elected parliamentarians, we have respect for the people's will. When the people of a province indicate their desire through their provincial legislature or a referendum, what is the responsibility of the Parliament of Canada?
Some would argue that to vote against a change that has been approved in a referendum and by a provincial legislature impedes the will of the majority. Sometimes a constitution requires it. Indeed, the purpose of a constitution is to circumscribe the ability of a majority to impose its will.
Due to the Constitution, my parents who are immigrants to this country, have the same rights as my children who are eighth generation Canadians. Their rights are not determined by the will of a government when it suits them.
The Constitution of Canada clearly states the conscience of our nation. Each individual's rights and freedoms are clearly spelled out. It is not something that is easily constructed and it should not be something that is easily changed.
Some would say that the provision we are discussing tonight affects only Newfoundland and Labrador. Since a majority of that province's legislators and its electors support it, it should be approved. One of the prime purposes of a Constitution is to secure the rights of minorities. The rights of minorities in any part of the country are important to Canadians in all parts of the country.
That is why this is not just a question of law. It is a question of fairness. Legally Parliament has the right, with the legislature of Newfoundland and Labrador, to implement this change. But fairness demands that we seek to maintain the respect for minorities that was the basis for Newfoundland and Labrador joining Confederation and the basis for all Canadians choosing to be part of this country.
When we are dealing with minority rights it is difficult to say we are not diminishing those rights when we change them over their objections. If we were to ask the minorities and they agreed to relinquish their enshrined rights, then that is another consideration.
This is not the case today in Newfoundland. It is easy to see why. The impact on religious minorities can be considerable. In Newfoundland, the Protestant population is more than 51 per cent. Other groups are less likely, based on their numbers, to warrant a school in their community. Busing will not necessarily be provided to the school of the parents' choice. The parents of Roman Catholic or Pentecostal or Seventh Day Adventists children may be left with a stark choice: send their children to an interdenominational school or pay to send them to a unidenominational school out of town. How then do we maintain respect for minority rights when some may be able to afford to do this and others may not?
While making this possible for the Government of Newfoundland and Labrador to pursue the educational policies it believes are right for the people that province, the answer I believe can be found in the statement issued April 18, 1996 by the province's minister of education, Roger Grimes. In it he stated that "a framework agreement has been reached after extensive discussions between department officials and denominational educational councils to consolidate 27 boards into 10 and to establish a single provincial construction board".
This statement, issued just six weeks ago, stated that the agreement in principle would allow the new school year to commence with reforms in place. The government had complete authority over all matters, and has, relating to curriculum, sex materials, number of teachers, funding, teacher education, performance standards and so on.
I recommend that the Newfoundland government go back and start with this agreement in principle and build on the progress that has been made.
It is important for all members to consider what will happen when other premiers request that we proceed with amendments. Will the same principle apply? Or will we recognize here and now that a majority must respect the rights of the minority, referenda notwithstanding?
I believe a Constitution is where Canadians, regardless if they are part of a majority or a minority, can feel safe that the rule of law and their constitutional rights will be respected. Regarding reforming or modernizing the school system in Newfoundland, everyone agrees. Could this reform not be achieved without a constitutional amendment? It is ironic that the concerns of those who help complete Canada in 1949 are being ignored.
As the minister stated that the involvement of churches in making administrative and economic decisions in the education system of Newfoundland have been a matter of controversy for generations, I agree. This also was the case before the terms of union were signed in 1949. Precisely for this reason were these rights enshrined in the British North America Act of 1867. It was based on the understanding that Parliament would guarantee that the legislature would not change the terms at its convenience.
Given that it took two referenda to bring Newfoundland and Labrador into Confederation with 51 per cent of the vote, it is obvious how important this guarantee was. Now the discussions between the Newfoundland department of education and all denominational groups have resulted in a solid framework for reform, including the establishment, as I said earlier, of the interim school boards in preparation for the consolidation of school boards from 27 to 10, a single construction board and a single busing system ready to be implemented for September 1, 1996.
If it is a question of someone challenging this agreement, we could send it to the Supreme Court and ask it for an immediate ruling to see what the consequences of this move would be.
These agreements provide the basis for reforming the school system while respecting the rights of minorities. We should demonstrate a decent respect for the resolution passed by the provincial legislature, but Parliament's role is not simply to act as a rubber stamp. It is our responsibility to form an independent judgment.
We are at a crossroads in our history. Last October a premier tried to impugn a group of Canadians who did not agree with him. He blamed them for the loss and repudiation of what he saw as his divine right. That is not what Canada is about. We cannot take lightly our Constitution which dictates our rule of law and we cannot ignore the rights of minorities. That is one of the reasons we have a Constitution.
It is important that we send out a clear and concise message that the Canadian government is consistent in its dealings and that the integrity of the Canadian Constitution is not questioned.