Mr. Speaker, first of all with respect to Professor Bayefsky's position as quoted in the majority report, I disagree with her.
Referring to the other two covenants which I referenced, the Universal Declaration of Human Rights says that education shall be free and the International Covenant on Economic, Social and Cultural Rights says that primary education shall be compulsory and available, free to all. In the proper context, it is understood that the right to education is a right that is exercisable by all parents, including poor parents which means through the assistance of the state.
With respect to the second question, no, I do not believe that unanimity is required to make an amendment to the Constitution. I indicated during my remarks that the threshold I thought was necessary to remove rights given to a particular group was that that group clearly and expressly support such removal of rights.
That was not clear by this blanket referendum process which was conducted in Newfoundland. We cannot discern from the results whether or not and which groups gave their assent. We are saying that generally a social majority can alienate the rights of a social minority. That is a troubling precedent which all members of this place should be concerned about not only for the educational rights in their provinces, but the other rights afforded by the Constitution.
I would also like to point out that Professor Bayefsky and other constitutional authorities who appeared before the committee argued persuasively that this amendment would subject the new term 17 to the application of the charter of rights and freedoms and therefore any religious observances or courses which took on anything close to denominational character would be imperilled by the jurisprudence with respect to religious education in both the Zylberberg and civil liberties cases out of Ontario. Essentially these are cases which say that we cannot have publicly funded denominational education under the charter because of its equality rights.
I am glad the hon. member raised the arguments of that esteemed constitutional scholar. They are arguments which give further cause for concern in terms of denominational education.