Mr. Speaker, what I would like to raise this afternoon is the key issue which, as you know, is not the Senate. We must not let ourselves get sidetracked by what the elected representatives or the appointed representatives have done. The key issue, the only one, is: What will happen if this amendment initiated by the government of Newfoundland and Labrador is adopted? What will happen to minority rights there? What is the possible impact on minority rights elsewhere?
Let us take the time to discuss this. Let us drop the questions of Senate, House of Commons, this power struggle, let us look instead seriously and carefully at what we are in the process of doing at this time. Are you, as a group, ready to suppress the rights of Newfoundland and Labrador minorities?
Before voting on the Newfoundland schools question, I urge members to consider the following carefully, extremely carefully. I know we have busy agendas and sometimes we tend to listen to people who would have us do certain things without having the time to reflect but let us reflect on this one. It has come back to us for a second look, for more study.
What is the effect of the current term 17? What is the effect of what is now in the Constitution? The current term 17 of the terms of union extends to various religious minorities in Newfoundland and Labrador the constitutional rights to establish and operate schools that reflect their particular religious beliefs and practices and the right to receive a fair share of public funds for the operation of those schools. That is what the current constitutional arrangements do.
This right is now immune from any legislative enactment which might prejudicially affect it. For Newfoundland, term 17 is the equivalent of section 93 of the Constitution Act, 1867, a section that provides a constitutional underpinning for denominational school systems in a number of other provinces. That is what we are talking about. Let us forget about the games and the power and who is going to decide what. Are we prepared to remove those rights? That is what we have got to answer.
If the proposed term 17 passes without amendment, what effect will that have on minority rights in Newfoundland? If the proposed term 17 passes without amendment, the constitutional right to establish and continue to operate minority religious schools in Newfoundland and Labrador will become, and this is so important
to remember, wholly subordinate to provincial legislation, wholly, totally, completely, unequivocally subordinate to provincial legislation. There is no example in the Constitution of Canada, none whatsoever, where a guaranteed constitutional right would be subject to provincial law. There is not one single example because when it passes through that door it is no longer a constitutional right.
A constitutional right subject to a provincial legislature is no constitutional right at all and could never be subject to the ruling of a court of law. That is what we are doing if we pass this amendment without the other amendments that have been proposed by my colleagues; "where numbers warrant"; and the right to not only direct but to determine and direct.
If the proposed term 17 is amended in accordance with what was proposed in the Senate, what will be the effect of those particular amendments? This is so terribly important to understand as well.
The first amendment proposed in the Senate is to replace the clause "subject to provincial legislation" because if it is subject to provincial legislation it is no longer a constitutionally acquired protected right. The term "subject to provincial legislation" would be changed to "where numbers warrant". Surely this is fair. This term will not provide for the continued existence of separate denominational school boards. However, it will provide for schools for the separate denominations where numbers warrant.
The minorities that have been affected have accepted less than they now have. Surely the federal government and the Government of Newfoundland and Labrador are prepared to look at this with some common sense and sensitivity. Surely they are prepared to reach out and seize the opportunity.
The amendment will ensure that parents may choose schools of their own denomination where numbers warrant. It still gives the provincial legislature a whole lot of power. The amendment would preserve the constitutional right of minority religious groups in Newfoundland and Labrador to establish and continue to operate religious minority schools subject to having adequate numbers of students.
The expression "where numbers warrant" is well known in Canadian constitutional law. It is the language in the education section of the charter of rights and it has already been ruled on by the courts. Such an amendment can and should be supported. The Senate amendment merely asks the government to be true to the commitment it made during the referendum, that is, the Government of Newfoundland and Labrador.
The second amendment proposed by the Senate provides the guarantee that when minority religious schools are established, the
denomination for whom the school exists will have the constitutional authority not only to direct but also to determine and direct all those matters that affect the denominational integrity of that school.
This amendment should also be supported because "merely to direct" could be interpreted to mean only having the power to carry out policies determined by someone else. Surely we do not want to take it all away from these groups.
The current constitutional protection for Newfoundland and Labrador schools cannot now be changed unless both levels of government, the Government of Canada and the Government of Newfoundland and Labrador, in partnership decide to do so. That is what the deal is now.
If the proposal of the Government of Newfoundland and Labrador passes, the constitutional right that I have just described becomes subject to the decision of the provincial legislature. It could be changed unilaterally by this or some other provincial government. Therefore it is no longer a constitutional right.
That is what we are in the process of doing here. We are in the process of removing constitutional rights and placing them at the whim and fancy of those who draft provincial legislation and subject to provincial legislation. Is that what members want to do? Well I do not and I will not. This is a question of the rights of minorities. The amendments proposed by the Senate have the support of the minorities but that was a challenge initiative.
The Government of Newfoundland and Labrador came forward with an amendment that was not acceptable to the minorities affected. But the minorities affected have stepped back and said: "Let us put in the term where numbers warrant. Let us put in another clause so that we are more involved and can participate more fully. We will buy in".
It has changed considerably. Whereas the Government of Newfoundland and Labrador was proceeding without the support of minorities, now it has the support of those minorities. It also has my support and I hope the support of my colleagues.
This is a question of the rights of minorities. Let us not fool ourselves. It is nothing more or nothing less. I oppose the changing of the constitutional rights of minorities without their consent. I would hope my colleagues would also oppose those changes without the consent of those minorities.
Surely we are not going to impose the will of majorities on minorities unless what the minority is doing is dysfunctional for the whole, and that is not the case. That is why I propose passing the original amendment with the additional amendments proposed in the Senate which are now proposed by my colleagues in the House and which are accepted by the affected minorities.
I want to share with the House some information of which my colleagues may not be aware. Prior to the referendum of September 1995 the Government of Newfoundland and Labrador distributed a householder across the province. I have that householder here. It is called "The Education Referendum: A Decision on the Future of Education in Newfoundland and Labrador". The householder discussed the main changes proposed in the amendment which was being initiated by the Government of Newfoundland and Labrador. Page 2 of the householder reads:
The new Term will not provide for the continued existence of separate denominational school boards. However, it will provide for schools for the separate denomination where numbers warrant-
That is what this official government publication says.
Under the question of which school students will attend under the new system, the householder reiterated: "However, parents may choose schools of their own denomination where numbers warrant". That is in the official documentation sent out by the Government of Newfoundland and Labrador.
The other House suggests that the amendment include the phrase "where numbers warrant". I hope, because that same amendment has been proposed here, we will consider it seriously. We should not simply slough it off because it came from the other House. That is not the issue. It is not whether we have been elected or appointed, it is not making fun of other people, it is looking at what we are doing. By this amendment, "where numbers warrant", we are asking the Government of Newfoundland and Labrador to be true to the commitment it made during the referendum. That is what we are trying to do. We are trying to ensure that it remains true to that commitment.
People will ask why the member for St. Boniface is so concerned about this issue affecting the education system in Newfoundland and Labrador. It does not only concern the education system in Newfoundland and Labrador. Changing or reducing the constitutional rights of minorities without their consent is wrong. It is contrary to what we as a party have traditionally supported and what most parliamentarians have normally supported.
One of the promises Canada made to Newfoundland when it joined Confederation in 1949 was to protect denominational schools. That became term 17 of the terms of union. That promise was used to get Newfoundlanders to join Canada. Less than 50 years later it is being proposed that the promise be changed without the consent of the minorities. We have given them an opportunity, by presenting motions in this House, to do it honourably in order to respond to the needs, the aspirations, the hopes and dreams of those minorities and yet be able to go on with reform that is, no doubt, very much needed.
Surely as a government it is our role and our duty to protect these constitutionally acquired rights. Canadians are counting on the House of Commons to do exactly that.
Some will argue that there was a referendum and the people decided. This is a major issue and 52.2 per cent of the people voted. There was a 54.9 per cent response in favour. In favour of what? Here is the question: "Do you support revising term 17 in the manner proposed by the government to enable reform of the denominational education system?"
I bet that we could go out and ask that question of Canadians today and a majority would be in favour of it. "Do you want to improve education?" Of course Newfoundlanders and Labradorians said yes. Why not?
Let me read that important question again. Fifty-two per cent of the people said yes to this question: "Do you support revising term 17 in the manner proposed by the government to enable reform of the denominational education system?" We are trying to use the results of that referendum on a fuzzy question to pretend that it was decisive and there is now a mandate to go forward.
The people of Newfoundland and Labrador accept that changes are needed in the education system. The denominational schools understand and accept that changes are needed in the education system. A constitutional amendment is not the only way to achieve a modern and effective school system.
Church representatives and the Government of Newfoundland and Labrador have already agreed on many points: the number of school boards, the funding of capital expenditures, the viability of schools and busing. These have been discussed and agreed on already without any constitutional amendment. In four days the government and the church officials were able to agree on points that had been discussed for years with the previous government.
The framework for school board consolidation is a perfect indication of the possibility of a made in Newfoundland solution. This framework has been established for the setting up of 10 interim school boards in the provincial construction board. These changes could be validly implemented by the legislature of the province without the necessity of an amendment.
Let me talk to that more specifically, quoting an authority. In the legal opinion of Mr. Colin Irving, constitutional adviser to the Catholic Education Council: "The Newfoundland legislation adopting the proposals just outlined would not be found by the courts to be in violation of term 17 of the present terms of union".
We must guarantee the protection of these rights of minorities. All minorities note it is not easy to have. They need the protection of the majority for the kind of country we are going to have.
I personally believe that a referendum which takes away certain minority rights and allows the majority to decide is unhealthy, except if the minorities are involved in something that imbalances society and harms the majority. This, I feel, sets a dangerous precedent. What message are we sending by supporting such an action?
Why not see the implementation of provincially negotiated changes to the educational system and if subsequent to this the amendment is still deemed necessary, it could be brought forward at a later date.
Why not an amendment that would be agreed on by all parties? We have two choices here. We could postpone this and do it if it was necessary, or we could take the amendments, which is what I prefer because it has the support of those minorities, that is, "where numbers warrant' and "determine and direct" and put those amendments through because they have the support of the minorities. We can now have an amendment that has the support of all parties if we stop playing games, if we stop worrying about power, if we stop worrying about whether it was the elected or les gens qui sont nommés qui vont décider.
Some people have been using the argument that the academic results of students in Newfoundland and Labrador when compared with those of other students are among the lowest in the country.
It is absolutely false, unhealthy, and dishonest to use such information. According to the Department of Education for Newfoundland and Labrador, and I quote:
The general level of education among all age groups in Newfoundland and Labrador has risen dramatically since the mid-1970s to where the gap with the rest of Canada has all but closed.
According to Chris Decker, former minister of education: "The gap in higher education between our province and the rest of Canada is becoming a myth. Our university participation rates are higher than the national average. If the present trend continues, Newfoundland and Labrador will soon have education levels equal to the rest of the country". Why is this being done?
However, if some people are still not satisfied with the performance in Newfoundland schools, the government is the one that has complete authority on curriculum, test materials, numbers of teachers, funding, teacher education and performance standards. Does it really think that this change is going to bring about a dramatic change in performance? Let's get serious.
To blame the level of education in Newfoundland and Labrador on the denominational school system is absurd and is not a valid argument.
I propose that we look seriously at the main amendment but only pass that main amendment with the other amendments that have been proposed so that the people of Newfoundland can still determine and direct what is going to happen in their schools. Surely such an amendment should have the support of the Government of Canada, the support of the Government of Newfoundland and Labrador. It has the support of the people affected.
In a sense we would be changing the Constitution but with the consent of the minorities as opposed to going forward without those other amendments that have been introduced, we will be changing constitutionally acquired rights promised to Newfoundlanders so that they would join Canada without their consent. I for one do not want to be part of that, particularly when in an official Government of Newfoundland and Labrador document it states, and I have quoted it twice today, that it will be possible for parents to choose the types of denominational schools they wish for their children where numbers warrant.
I am asking my colleagues to look at this question again, to set aside what the Senate, the House of Commons, the Government of Newfoundland and Labrador have said, and to look carefully at what we are in the process of doing.
Unless we are extremely prudent, we will be taking away the constitutionally acquired rights that were promised to minorities when they joined Canada. We have an opportunity to change that. We have some amendments that would permit us to change it with the consent of minorities.
I ask my colleagues to support that common sense approach.