Madam Speaker, I will be sharing my time with the Parliamentary Secretary to the Minister of Natural Resources.
I would like to say that I am very pleased to take part in this debate on amending term 17 of the Terms of Union of Newfoundland with Canada. This amendment responds to an important need of our fellow citizens of Newfoundland because it will enable them, once it is adopted by Parliament, to proceed with the reform of their educational system.
This debate has been going on for a number of years in the province and the Government of Newfoundland has decided to put it to an end by promoting the secularization of the school system which has long been church run in the province of Newfoundland.
The amendment before us thus proposes a solution that is adapted to the educational context of Newfoundland and it is also the subject of a broad consensus in that province. It is that consensus that led the joint committee on the amendment to term 17 of the terms of union to recommend that the amendment be adopted both here and in the other House. Since it is not every day that we amend the constitution, we must acknowledge that we are experiencing here today in this House an historic moment in the debate.
I would not like to spend my time regurgitating the exhaustive overview of this debate because the House of Commons has already considered this matter on a number of occasions in recent months. I would, however, like to talk about a number of the aspects that I feel merit the amendment transferral from the parliament of Newfoundland, the House of Assembly, and the relevance of the joint committee's recommendation for us to consider.
All those who have taken the time to study the Newfoundland education system in recent years know how strong a call there was by the public in that province for educational reform. That was the conclusion arrived at in 1992 by the Williams royal commission which recommended that the education system in Newfoundland and Labrador be restructured to allow the government to administer it more efficiently.
The next five years were marked by endless bitter debates. We tried an initial revision of term 17 in the last Parliament which was approved via the referendum in the province in 1995. It did not end the debate, so here we are again.
Although the support was 54.4% in the first referendum of September 1995, the adoption of the proposed amendment did not end the debate. A request for an injunction by the representatives of the catholic church was granted by the Newfoundland supreme court on July 8, 1997, thus blocking the reform proposed by the provincial government. To resolve that impasse, Premier Tobin announced on July 31 that a new referendum would be held on September 2 to amend term 17 once again.
However, when he made that announcement he described the need addressed by this constitutional amendment: “During the last five years we have seen every attempt to reconcile these two ideas—educational reform and denominational rights—and it has ended in more confusion and more conflict”.
The text of the amendment submitted to Newfoundlanders for their approval was very clear. It read as follows:
(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.
To express their opinion on this proposed amendment, Newfoundlanders were asked to vote again on the following question: “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”.
I do not think there is a single member in this House who can contest the clarity of this progress or this process. In this debate we have a responsibility as members of the Parliament of Canada first to ask whether the process used by the provincial government in this matter allowed the population to understand clearly the issue it was being asked to decide upon. Our answer to that must be yes.
As mentioned by the joint committee's report, an expert commissioned by the committee, Ms. Anne Bayefsky, specifically stressed the scope of the consultations held among Newfoundlanders, including minority groups in recent years.
Second, we have a responsibility to ask whether the consensus forged by this referendum is sufficient to proceed with the proposed amendment. Again I say the answer can only be yes. The proposal was supported by 73% of the voters of Newfoundland. It obtained a majority of votes in 47 of the 48 ridings in the province. Even in predominantly catholic areas where the proposal was likely to be more strongly opposed, it garnered significant support.
Around 75% of the catholics in Newfoundland and Labrador live in three regions: St. George's Bay, the Avalon Peninsula and the Burin Peninsula. Those three regions respectively supported the proposal with proportions of 59%, 72% and 72%. Support for the proposal in areas where Pentecostals are concentrated, though much more difficult to assess, was also significant bearing between 57% and 64%.
In addition to that public support, the proposal won the unanimous support of the Newfoundland House of Assembly. Four of the government members, including two cabinet ministers, are of the Pentecostal faith. Those four members who represent ridings in which 25% to 30% of the population are Pentecostal also supported the government's proposal in the House of Assembly. It is also noteworthy that a number of the members who had opposed the proposal during the referendum process nevertheless voted for it in the Newfoundland legislature.
In addition to the clarity of the consultation process and the extensive support for the proposal, there is a third reason why I believe this proposal deserves our support.
Newfoundlanders understand that the proposed changes are designed to establish a new school system, not to abolish any rights of a specific minority. They will allow the province to proceed with long awaited reforms by establishing a single, publicly funded and administered school system. This reform will strike a fair and functional balance.
The new term 17 is in no way designed to take religion out of the schools. It contains a provision obliging the authorities to provide courses in religion, stipulating that religious observances must be permitted in a school where requested by the parents.
Naturally, it cannot be expected that such a major constitutional amendment will garner unanimous public support. Nevertheless, as was recommended by the joint committee, I believe that the consensus which has been forged to date is broad enough and the guarantees to the groups affected are properly sufficient to move ahead with the proposal.
I know that there are those who fear change. However, it is my heartfelt conviction that the children of Newfoundland will be the first to benefit from this measure.
In my view, this debate we are having is meaningful in another way. I am referring to the bilateral nature of the amendment sought under section 43 of the Constitution Act, 1982. Yet I consider that, while this change concerns only Newfoundland, the whole country stands to benefit from it, as it provides Newfoundlanders with a first class tool to further their goal: a single education system better suited to their priorities.
In a word, this constitutional amendment will further enable Newfoundlanders to be Canadians in their own way, as Albertans and Quebeckers are. Our country is enriched by this diversity, and our system of government makes it possible.
In effect, a constitutional amendment, such as the one before us, demonstrates the flexibility of our confederation. The federation is evolving every day and it would be a mistake to see it as something static and impermeable to change. For example, we recently in the House adopted a constitutional amendment proposed by Quebec's national assembly. If it is adopted by the Senate, that amendment would make it possible to establish school boards in that province along linguistic rather than denominational lines.
We have chosen to go step by step. This is a way which serves Canadians well, just as it serves Newfoundlanders in the current debate. That is why I call upon my colleagues in this House from all parties to consider this carefully and to support this amendment to our constitution.