Mr. Speaker, I will be sharing my time with the member for Beauharnois—Salaberry.
Today's day of opposition by the Bloc Quebecois is extremely important and significant. The motion moved by my party leader and amended by my colleague for Berthier—Montcalm reads as follows: “That this House recognize the consensus in Quebec that it is for Quebecers to freely decide their own future.”
For Quebeckers, the stakes are basic since the debate deals essentially with democracy and the right of peoples to decide their own future. Whom are we talking about exactly? I am proud to say: the Quebec people who probably naively believed in the 1867 agreement when it was one of the two founding nations of Canada.
One hundred and thirty one years later, what we are talking about is Quebec's right to self-determination, a right it is denied by the federal government, as witness its reference to the Supreme Court. What was happened to cause the federal government to consider the reality of the Quebec people so negligible?
For the past 30 years, relations between the federal government and Quebec have not always been rosy. If I may, I will briefly remind the House of a few important events which will shed some light on what is happening today.
In 1980, four years after the Party Quebecois was elected in 1976, Quebec held its first consultation on the future of Quebec within the Canadian federation. The outcome was clear, the rules of democracy understood and accepted by all concerned.
After the yes side defeat, Quebec abided by the decision of its citizens and continued to act within the Constitution of Canada. Two years later, in 1982, the federal government of Trudeau decided, in a great impetus of independence, to renew and patriate the Constitution. Despite Quebec's unwillingness and despite nice but shallow promises made in 1980, the federal government unilaterally patriated the Constitution.
At that time, the government, once again through a reference order, had asked the Supreme Court to make legitimate a unilateral patriation without the agreement of all the provinces. The answer met the expectations of the federal government. Patriation without the agreement of all the provinces is legal. But is it ethical? That is something else.
Trudeau and his henchmen did not bother with these subtleties. For him, the new Constitution of 1982 would be the right one, and too bad if Quebec did not recognize it.
The problem is neither sovereignists nor Quebec federalists have recognized and recognize the Constitution of 1982.
In 1992, after years of negotiations both difficult and useless, the Canada-wide referendum is held on the Charlottetown accords. In Quebec, this exercise is framed by the Quebec Referendum Act. Again, all parties recognized the rules of the game and no one had any doubt about the legitimacy of this democratic exercise. The referendum of 1992 unequivocally rejected the Charlottetown accords: in Canada, because these accords gave too many powers to Quebec, and in Quebec, because these accords were below the traditional demands of Quebec.
In 1995, Quebec held its second referendum on the future of the Quebec people. This consultation again took place under Quebec's Referendum Act. Once again, the rules of the game were agreed to by all. The issues were clear. No one, not even the Prime Minister of Canada, questioned the legitimacy of the right of Quebeckers to decide their future.
Everyone remembers the result of the 1995 referendum. The yes side, the side that wanted change, got almost 50% of the votes, with 94% of registered voters taking part in this highly democratic exercise.
Having nothing to offer Quebec, the federal government went with what is now known as its plan B, a plan based on fear, a plan based on denying the existence of the Quebec people. One of the main elements of this strategy is the reference to the Supreme Court in order to deny Quebec's right to decide its own future.
Yet, ever since the 1960s, Quebeckers have always thought they could decide their own future and have always acted accordingly. The referendums that were held in Quebec are good examples of that. With its reference to the Supreme Court, the government is giving nine judges it appointed the right to decide Quebec's future. That is a most undemocratic and illegitimate move. When a government asks judges to make political decisions, democracy is always threatened.
The federal government is using the Supreme Court to validate its plan B, just as the Trudeau government seeked approval for unilaterally patriating the Constitution in 1982. The result of this action by the government in 1982 was that Quebec refused to recognize that Constitution. Today, the federal government is invoking this Constitution to pick on Quebeckers, by refusing to recognize the legitimacy of the National Assembly and the free will of the people the assembly represents, in other words, by denying the Quebec people its right to exist.
As in 1982, the federal government stands alone, its positions have garnered no support. About the reference to the Supreme Court, there is a consensus in Quebec that only Quebeckers have the right to decide their own future and that no court of law can take that right away and decide for them.
In fact, even the staunchest federalists in Quebec have decried the tactic used by the government. Mr. Claude Ryan, the former leader of the Liberal Party of Quebec and leader of the No side in 1980, was very clear on the reference issue: “It is for Quebec and for Quebec only to decide its own future.”
In his comments to the amicus curiae, Mr. Ryan said that, on the right to self-determination, which can be interpreted as including the choice to opt for sovereignty, there is in Quebec a broad consensus between the key political parties and the vast majority of politicians working at the provincial level. All agree that, at the end of the day, the future of Quebec, whatever option is chosen, depends on the political will of the Quebec people.
The current leader of the Liberal Party of Quebec and leader of the No side in the 1995 referendum, Mr. Johnson, approved Mr. Ryan's analysis and joined the vast consensus reached in Quebec. The right of Quebeckers to self-determination is a political issue, not a legal one. A legal measure would never stop a nation from democratically deciding its own future.
For the past week, the intergovernmental affairs minister has been making astonishing statements about the Supreme Court reference. After loudly invoking the rule of law, he recognizes, following Mr. Ryan's statements, that democracy prevails, but that the rule of law is essential. For us, the primacy of democracy is a fact and Quebec's right to self-determination cannot be challenged. Because they respect democracy and the right of people to self-determination, because they respect Quebeckers, the nine Supreme Court judges will refuse to answer the questions of the federal government.
Maurice Maeterlinck wrote, and I quote: “There is nothing finer than a key, as long as one does not know what it opens”.
The federal government has given a key to the Supreme Court with the intention of locking up the people of Quebec, but it did not know what this key opened. We see it now with the consensus in Quebec: there is no key to lock up the people of Quebec, there is no key to lock up democracy.