Mr. Speaker, I want to reiterate, as I was seing before oral question period, that
the Bloc Quebecois does not oppose the motion. We feel that several aspects of the proposed change concerning schools in Newfoundland are acceptable. We view it as reasonable. The majority expressed itself through a referendum and the motion does not interfere with the rights of members of denominations, who can teach religion in schools. There are also practical considerations, in the sense that the province will save money and streamline its school board structure.
However, we feel that the Government of Canada, the Prime Minister of Canada and the premier of Newfoundland, Brian Tobin, are not fulfilling their obligations under section 23 of the 1982 charter.
While the motion on term 17 does not violate section 23, both provisions deal with the right to manage schools. Some members rose to say that they do not support term 17 simply because minority rights will be violated. I remind this House that the rights of French speaking minorities in Newfoundland are currently being violated, because, for 14 years now, the province has not been complying with the Canadian Charter of Rights and Freedoms. Section 23 is not complied with in Newfoundland.
That is precisely the problem. This charter is forever being dragged in to show how respectful Canada is of minorities, how it has one of the best charters in the world, and how Canada is, in addition, bilingual. The problem is that it is not being implemented in all the provinces. Furthermore, four provinces in Canada do not respect the Canadian Constitution, and we are talking about the supreme law of Canada. Four provinces are not respecting the provisions of section 23 of the charter: British Columbia, Ontario, Nova Scotia and Newfoundland.
This change, the motion to amend term 17, gives Brian Tobin, the premier of Newfoundland, a golden opportunity to bring the province in line with the charter. Section 23 of the Canadian Charter of Rights and Freedoms gives francophone minorities living outside Quebec, in Canada, the right to manage their own school boards. This is guaranteed in the charter. Furthermore, there have even been two Supreme Court decisions confirming this right, in 1988, and in 1990. There was the Supreme Court decision in the Mahé case, indicating clearly that the francophone minority in every province of Canada had the right to manage its own schools.
In Newfoundland, once again, the charter is not being respected. Francophones still do not have the right to manage their own schools. On the contrary, in Newfoundland, the rights of the francophone minority are being completely disregarded.
I will explain to you what has happened. Mr. Tobin is saying that he will respect the rights of francophones, but we know very well this is so much hot air. His predecessor, Clyde Wells, was no different. When they saw that Newfoundland was not respecting their rights, members of the francophone minority filed a complaint with the Newfoundland Supreme Court to right the situation. Mr. Wells told them: "No, withdraw your complaint to the Newfoundland Supreme Court and I will give you the power to manage your own schools". After the association of francophones withdrew its complaint, no more was heard of the promises made by Mr. Wells.
We are in the same situation today, exactly the same situation. History repeats itself. It looks like Mr. Tobin is indeed telling us that he will protect the rights of francophone minorities in Newfoundland, but is putting nothing in writing, is not making any black and white commitments. These words will disappear into the ether, there is no doubt. All indications are that Mr. Tobin will not honour this promise.
That is the Prime Minister's role in this country, he who is supposedly responsible for making sure the Constitution of Canada is respected. This would have been the ideal opportunity for doing so. He could have said, "Brian, old boy, we will reach a deal. We will pass your little motion, so that you can reorganize the school boards in Newfoundland, but then, in exchange, you will agree to respect section 23 of the charter".
That, precisely, was the responsibility of the Prime Minister of Canada, the man who claims to champion francophone rights in Canada. By the way, he has done nothing. Moreover, in a letter to the premier of Newfoundland, which I could quote to you, he makes no reference to the fact that Newfoundland does not respect section 23 of the charter. I see this as unfortunate and serious. Minority rights in Canada have been ignored for a long time, and here we have one more example, in Newfoundland.
The people of Newfoundland and the francophone association in that province are entitled to administer their own school boards, and Newfoundland has denied them that right. In 1988, they went before the Newfoundland Supreme Court to ensure that their rights were respected. They obtained an agreement, rather a promise, from Mr. Wells that he would respect the charter, but that did not happen.
Now today, Mr. Tobin is holding up the possibility of ensuring the charter is respected. Whether it is or not remains to be seen. After Mr. Wells' promise to the association of Newfoundland and Labrador francophones to see that their right to administer their own schools would be respected, Mr. Wells instead set up the Normand commission. This commission confirmed, not surprisingly, that francophones in Newfoundland were indeed entitled to manage their own schools. That was the finding of the Normand commission.
The Newfoundland government managed to keep the Normand report out of the hands of the association of Newfoundland and Labrador francophones for two and a half years. It took two and a half years for the association to even have access to the Normand report, which said that francophones had the right to manage their own schools.
Newfoundland does not treat its francophones with the greatest respect. This problem is a Canadian problem because, although Canada claims to respect its minorities and to be sensitive to their rights, even today there are still four provinces that do not abide by the terms of the Canadian Constitution.
Newfoundland could have seized this opportunity to protect these rights. Especially since, on the one hand, Captain Canada himself is afraid to make a commitment to protect minority rights and, on the other hand, the champion of francophone rights in Canada, the Prime Minister, cannot make a commitment either. He could have done so easily in this case. It would have been so easy.
Why did he not do so? Why did Brian Tobin not make a commitment to protect the rights of francophones so they can manage their own schools? Because he has no intention of doing so. There is no political will in Newfoundland to do so.
Why did the Prime Minister not make a commitment either? Why did he not force Brian Tobin to clearly promise to protect the rights of francophones in Newfoundland? Because this government does not have the political will either to protect the rights of francophones.
This political will is disappearing over time, not only in Newfoundland but in all the other provinces as we can see. Just last weekend, we learned that this federal government has cut by almost two thirds the funding for Ontario's francophone associations.
I could give you several other examples that clearly show they are no longer trying to defend the rights of francophones. This government is showing once again that it lacks the backbone to enforce the terms of the Canadian Constitution.