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Archives - Press Room


LINGUISTIC SCHOOL BOARDS:
THE GOVERNMENT OF CANADA TABLES A
RESOLUTION CONCERNING THE CONSTITUTIONAL
AMENDMENT PROPOSED BY QUEBEC'S
NATIONAL ASSEMBLY


OTTAWA, ONTARIO, April 22, 1997 – The President of the Privy Council and Minister of Intergovernmental Affairs, the Honourable Stéphane Dion, announced today in the House of Commons that the Government would table a resolution today to amend section 93 of the Constitution Act, 1867, and that the resolution would be sent to a special Joint Committee that will report to Parliament.

In considering the amendment proposed by Quebec’s National Assembly, the Government of Canada faced three fundamental questions. First, what amending formula is applicable to this particular case? Second, is the proposed amendment a good thing for the citizens affected by it? And third, does this amendment enjoy a reasonable degree of support from the citizens affected by it?

Responding to the first question, the Minister explained that the constitutional amendment passed by Quebec’s National Assembly to allow the establishment of linguistic school boards clearly falls within the class of bilateral amendments provided for in section 43 of the Constitution Act, 1982.

In response to the second question, Minister Dion stated: "The federal government believes that the proposed constitutional amendment is a good thing [...] [that] it will have positive consequences for Quebec society, including both of its linguistic communities."

The Minister also stressed that the new organization of school boards would make it easier to integrate newcomers into the Francophone community.

Stéphane Dion emphasized that the proposed amendment would not weaken the constitutional rights of the Anglophone minority. "The resolution I am tabling today is preceded by a "whereas" clause which reaffirms that the Canadian Charter of Rights and Freedoms applies everywhere in Canada."

Mr. Dion expanded that idea: "Section 23 of the Charter provides strong constitutional guarantees to the minority language community. Section 93 guarantees only the existence of denominational administrative structures in Montréal and Québec City, and the right of dissent in the rest of the province, but it does not protect language rights. Furthermore, the control and management of linguistic school organization are in fact guaranteed by the case law flowing from section 23 of the Charter and not from section 93."

The Minister also explained that the proposed amendment will eliminate constitutional guarantees of a denominational nature. As he explained, however, "Although Quebecers approve of secularization of school organization, many are attached to religious instruction." He noted that Quebec’s Minister of Education, Ms. Pauline Marois, has already indicated that schools that so wish may retain their denominational orientation. Furthermore, the right to religious instruction is still guaranteed by section 41 of the Quebec Charter of Human Rights and Freedoms.

With respect to the third question, the Minister noted "the unanimous vote in the National Assembly and the existence of a reasonably broad consensus, which includes members of all components of Quebec society."

"The broader the consensus, the easier it will be to implement the constitutional amendment under the right conditions," the Minister added. "The Government of Canada believes that the Parliamentary Committee it intends to form could provide an opportunity to broaden the consensus. The important issues raised by the amendment will be studied within a parliamentary framework, in accordance with the democratic culture that Quebecers share with other Canadians. A variety of experts, groups and citizens could thus be given the opportunity to express their points of view and to listen to the responses of their Members of Parliament."

"Quebec society," Minister Dion concluded, "has succeeded in reaching a consensus on a constitutional issue which touches upon the vital issues of schooling, language and religion. This demonstrates the remarkable nature of Quebec society and the extent to which it contributes, in its way, to Canada's greatness."

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Annex: Statement by Minister Dion on the Amendment of Section 93 (Education) of the Constitution Act, 1867

For information:
André Lamarre
Press Secretary
(613) 943-1838
 


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Last Modified: 1997-04-22  Important Notices