Mr. Speaker, Reform has proposed three tests. There has been much discussion over the course of this day in regard to them. I note that members on the opposite side of the House and the other parties adjacent to us have either inferred or explicitly referred to them. I use them as a bit of a guide for my remarks this evening. I also suggest, as I first make remarks on the democratic consent, that with this first criteria I differ with some of my colleagues. It does not trump the other two.
First, on remarks of democratic consent. On September 2, 1997 it appears the Brian Tobin Liberal government of Newfoundland and Labrador took a very knee jerk, malicious approach. It was a very spiteful response to the provincial government ruling that it was not appropriately implementing term 17. As well, we have learned from the Quebec situation that a referendum may be democratic in theory, but demagogic in reality when the form of the question is abused.
Here was a government that was slapped on the wrist, then like a spoiled boy decided it did not want to play. It wanted to walk away instead of working it out. It sprung this referendum on July 31, 1997. The Newfoundland government could have amended the legislation to provide a more workable process for implementing term 17.
The court decision handed down brought into effect the second referendum call at the end of the month. There was no debate in the house of assembly prior to this announcement, no hearings on the proposed amendment. I would suggest that that would have been helpful in getting the issues out, getting them into the public debate arena.
The Tobin government only unveiled, and it has been mentioned often, the proposed new term 17 two days before the advance poll and one week before the vote. As other colleagues have referred, it was substantially different from the form of the question which was put on term 17 on the polling day.
I am not of the view that the technical and legal language needs to be on the ballot. I am of the belief that the technical and legal language needs to concur with the form of the question. This is not the case. This is bordering on fraudulent. It is deceptive. It is trickery. It leaves open to question whether there was an informed consent of the electorate in general and the affected minorities in particular.
I quickly note, as others have, that the government used hundreds of thousands of dollars to promote the yes side and granted not a penny to the no side. I have looked at some of the government advertising. Who is not for children and opportunity and advancement and all of these wonderful things? That is the nature of the government paid advertising, its issues of motherhood and apple pie, but no dollars granted to the no side. Also being referred to is the fact that there were no scrutineers.
It is my belief, as commented by others, that if we are taking this thing of referendum seriously, as the Reform Party does and we are out in the forefront on this one, then we need to be putting a fair question. We need proper electoral safeguards, scrutineers, et cetera, and equal funding for both the yes and no sides or no funding at all. It is an old saying that justice must not only be done, but it must also be seen to be done.
Second, it has not yet been demonstrated that the revised term 17 meets the test of the rule of law. The rule of law requires that the Newfoundland government demonstrate that its proposed reforms do not prejudicially affect the previously granted rights of those who desire a religious orientation in the education of their children.
The Newfoundland government could have addressed this. It had every opportunity by obtaining a ruling, a reference from the Supreme Court of Canada clearly establishing that its proposed amendment does not prejudicially affect previous rights granted. Why get into this? The government had this opportunity. It is not an issue of whether these rights are discriminatory or not. The fact is these rights were granted.
I want to talk from an historical precedent point of view how there could no longer or necessarily be discrimination in regard to these matters. The first education act in Newfoundland was passed in 1836 and granted public funding to the Newfoundland School Society, Roman Catholics and nine school boards.
It was amended in 1874 to permit proportional funding to all religious groups which at that time included Roman Catholics, Anglicans, Methodists, Presbyterians and Congregationalists. In 1892 and 1913 respectively other groups were brought in. Then the Pentecostal Assemblies of Canada were granted full partnership in funding in 1954 and added into the constitution in 1987.
My point is that there is no doubt an increasing number of families in the province who would not be members of traditional Roman Catholic or protestant faith groups but the right of such parents to educate their children according to their own faith and convictions ought to be upheld, as should be the right of Roman Catholic and protestant parents.
There is nothing that precludes there being more groups brought in. The solution proposed by this term 17 will not accommodate greater diversity but rather imposes an approach which marginalizes religion and excludes it from the general curriculum.
We should be expanding, as my hon. colleague said just moments ago, the educational rights instead of extinguishing rights. If there are disenfranchised groups that wish to be accommodated, that can be accomplished without eroding the constitutional protection which other minority religious groups enjoy.
There are also ways of addressing current inefficiencies in the educational system which would not require a constitutional amendment.
By press release dated April 24, 1996, the minister of education and training announced that a framework agreement had been negotiated between the province and denominations. That agreement indicates that the government's concerns can be addressed without the constitutional amendment requested. In fact, the churches had co-operated with educational reform.
Premier Tobin made the comment that they were trying to frustrate the process of education reform. Not so, Premier Tobin. In fact, these churches had willingly embraced reform. They had entered into dozens of joint school arrangements. They had closed and consolidated other schools, 30-some for the Roman Catholics and 7 Pentecostal in the past year.
They co-operated with the government in a reduction of school boards from the original 267 to the present 10. They participated in the government operated provincial school construction board which controls all school construction except that school bus reform is necessary. On and on we go.
They in fact endorsed 90% of the commission's recommendations and urged the government to get on with implementing them.
It is clear that the Pentecostals and Roman Catholics will be negatively affected, detrimentally affected by the new religion program in term 17 before us.
This offer of a religion program developed by the Department of Education is a cruel joke. It will be a neutered, generic, no-name brand sociology religion class. At its worst, it will be hostile to theistic religions.
The present Newfoundland government has displayed such disdain for religious education that there is no reason to hope that it will suddenly become conscientious for the rights of parents in matters of religion.
The provincial Department of Education writing the content for the religion course is like putting the fox in charge of the chicken coop. It is a cruel joke. I am of the view that this amendment is not in the best interests of Canadians.
Premier Brian Peckford in the Hansard record of April 10, 1987 speaks warmly and extols the Pentecostal Assemblies of Newfoundland, the way they operated their schools, their uniqueness in terms of their putting forth values, instilling manners and courtesy and respect for others and family values and so on. He in fact warns them not to let go of that, not to let that be deluded over time.
Premier Brian Peckford mentions the fact of that danger and makes very clear that they should be regarded as a shining light for others to adopt and to ensure that that was also part of their overall educational system and philosophy. In righting the wrong, he says of the past that he has great pleasure in recommending the inclusion of the Pentecostal Assemblies of Newfoundland.
That being said, who should run the schools? Who should decide on the nature of a child's schooling? I do not recognize the province's exclusive authority to decide the education of my child for Newfoundland or any other province.
It is parents who have the primary responsibility for the education of their children. It is therefore a right to be able to choose a type of education that they desire for their children.
More to the point, they should be entitled to take the funds to pay for that child's education with them, whether directly as in a voucher system or indirectly by funding schools based on the number of pupils they enroll, a system known as capitation.
That approach is finding favour around the world, not only in free market Britain or New Zealand as expected, but also in socialist countries Sweden and Denmark.
The Canadian public would be better served by acknowledging parental choice of a school where their children can be educated in keeping with their world view and values for the good of Canadian society. The Newfoundland referendum is suspect all around. Rather than extinguishing minority rights in this respect, I believe we should be enhancing them and expanding them.
After serious and careful deliberation, much consultation and conservation with others, I stand opposed to term 17 as it is before us today.