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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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