Mr. Speaker, I rise to speak on the amendment to term 17 of the Terms of Union of Newfoundland with Canada. The proposed amendment reads:
(1) In lieu of section ninety-three of the Constitution Act, 1867, this section shall apply in respect of the Province of Newfoundland.
(2) In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education, but shall provide for courses in religion that are not specific to a religious denomination.
(3) Religious observances shall be permitted in a school where requested by parents.
Although the amendment before us affects only one province, parliament has a duty to study it with the same urgency, diligence and care that are befitting all constitutional amendments.
In response to this challenge, parliament created the special joint committee of the Senate and the House of Commons on the amendment to term 17 of the terms of union of Newfoundland.
I had the honour to serve on the committee for it gave me the privilege to hear firsthand the witnesses. I must say that witnesses on both sides of the issue were sincere, heartfelt and articulate in defending their points of view. Their testimonies did not make the task of the committee an easy one.
The committee was challenged even more to undertake a careful analysis of the evidence. This issue at hand, amending term 17 of the 1949 terms of union of Newfoundland, gave the federal government and the Parliament of Canada the opportunity to show federal-provincial relations do work and that the Canadian constitution is a living document that provides a mechanism for change when change is deemed essential by the citizenry.
Just as the people of Newfoundland determined their future when the province entered Confederation in 1949, nearly half a century ago, the people of Newfoundland today would like to determine their future in Canada as Canada enters the 21st century. They now see their future being best served by a single, publicly funded school system in which all children, regardless of their religion, attend the same schools. They now see their future being best served by giving the House of Assembly of Newfoundland and Labrador the power to fully manage and integrate the province's existing three school systems.
Indeed they saw that future in March 1992 when the royal commission chaired by Dr. Len Williams released its report “Our Children, Our Future”, an appropriate title for the report. The citizens of Newfoundland expressed this vision of their future through a unanimous vote of the members of the legislative assembly representing all political persuasions.
They have determined to eliminate denominational education as a constitutional right while retaining in the constitution their rights to courses in religion and religious observances as is stipulated in the proposed amendment.
The government conducted a referendum on the issue on September 2, 1997. Although it was not strictly required for the process of constitutional amendment, the referendum was conducted to better gauge the sentiments of its citizens.
The referendum question was precise and clear: “Do you support a single school system where all children, regardless of their religious affiliation, attend the same schools where opportunities for religious education and observances are provided?” The essence of the referendum question fully reflected the actual text of the proposed amendment as passed subsequently by the legislative assembly.
Since the text of the proposed amendment was made known to the people of Newfoundland prior to voting day, I am sure members will share my confidence that 73% of those voting clearly understood the question.
There is no denying that the educational system that has been in place in Newfoundland has enjoyed a history that, for its citizens, has been woven into the very fabric of its culture. It is no wonder then that witnesses, old and young alike, including students from both sides of the issue, displayed tremendous sensitivity and passion in their testimonies.
But we noted that the rationale behind the amendment is to reconcile a system of the past and present with the vision of a better system for the future.
I congratulate the people of Newfoundland and Labrador through the legislative assembly and government for having the genius to cast a constitutional amendment that reflects this vision for the new reality of Newfoundland. I am assured that the proposed amendment complies with the international covenant on civil and political rights and can stand against any challenge under the charter of rights and freedoms.
Let me quote from the Minister of Intergovernmental Affairs:
If enacted, term 17 will become part of the Constitution of Canada. Thus, it will be shielded from the well established principle that one part of the Constitution—in this instance, the charter of rights—cannot be used to invalidate or repeal another. As a result, the provisions in subsection 2 and subsection 3 will enjoy a measure of charter immunity.
This principle has been sustained by the Supreme Court of Canada in earlier court decisions and I am assured that the amendment process was fair. I am assured that there is nothing in the proposed amendment to prevent some future government of Newfoundland from funding private schools, should it choose to do so.
I am further assured that the proposed amendment would set no precedent, that future requests for constitutional amendments for any province will be judged, as the present one is, solely on the merits of the facts.
As the Minister of Intergovernmental Affairs put it well before the committee, it would be up to the Parliament of the future to consider any future proposal.
We shall not fear to be proud of our national shared values, heritage and traditions, in which Newfoundland is rich. We shall not fear change when change promises a bright future for our children, our youth and our country. We shall not fear to face the future with confidence, secure in our history, generosity and integrity as a people.
Amending term 17 is an appeal to our confidence and understanding of Canadians. It sends the message that confederation works. It sends the message that our democracy is vibrant. It sends the message that when we secure a bright future for one of our provinces we secure a bright future for the whole of Canada.
Let us pass this resolution now before us for greater certainty of the future of all of us.