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"BEYOND PLAN A AND PLAN B:
TWO DEBATES ON CANADIAN UNITY"

NOTES FOR AN ADDRESS
AT THE MONTREAL PRESS CLUB

MONTREAL, QUEBEC

DECEMBER 3, 1997


Ladies and gentlemen of the media, thank you for this opportunity to summarize how the Government of Canada views the Canadian unity issue. I believe it is important this evening that we deal with the substance of the debate together, beyond the notions of Plan A and Plan B. With Mr. Bouchard, those two notions have become prefabricated slogans, impediments to serious reflection. You know the extent to which "Plan B" is synonymous with "attacks" against Quebec in the incantations of the PQ leader.

And because he and his ministers are short on arguments, they prefer to put down those who speak up. That's the response they have given to my letters.

So let's go beyond Plan A and Plan B. The truth is that the many questions raised by Canadian unity and Quebec's future can be classified into two debates. The first deals with the comparative advantages of a united Canada and an independent Quebec. The second deals with the procedure through which Quebec could be transformed into an independent state. So, 1) why Canadian unity; 2) how that unity could cease to exist. These are two different but related debates, because how secession would be attempted would have effects on the consequences of secession.

It would thus be a mistake to see those two debates as contradictory, opposed to each other, Plan A and Plan B. Both are necessary and must be advanced together, in the same spirit of clarification.

1. Why Quebec ought to stay in Canada

Quebecers ought to stay in Canada because the country they have built with other Canadians is indisputably a success in the world. And Quebecers and other Canadians owe that success to their being together. That, in its most simple form, is the argument that the Government of Canada is making to Quebecers and all Canadians.

And yet, we are aware that the argument of Canada's success, however true, is not enough. We must also win the battle of identity. Most yes supporters are prepared to admit that Canada is a success. But they see sovereigntism as a way to affirm their Quebec identity. Convincing them that they don't have to choose between Quebec and Canada is undoubtedly the most important issue.

Let us begin with the tangible achievements of Quebec within a united Canada. From that viewpoint, there is an error in perspective that must be corrected, which depicts the existence of a separatist movement as proof that Canada is a failure. That false perspective leads some people to conclude that Quebec ought to leave Canada, while others believe that Canada must have one "last chance" to reform itself from stem to stern so that it finally becomes acceptable to Quebecers.

I believe that the very opposite is true. I feel that the Canada that Quebecers have achieved with other Canadians is a success that will be even more striking when the separatist ideology is no longer harming our cohesion. The changes we are making are not designed to make Canada acceptable: it already is. They are designed to improve a country that is an overall success but is far from perfect. When governments put public finances back in order, strengthen the economy, launch new initiatives to combat child poverty, harmonize federal legislation with the Civil Code, or amend the Constitution with respect to education, they are not making an already acceptable country acceptable, they are making it better.

This is not an argument for the status quo. This notion of status quo is meaningless. A federation is continually evolving, and it must be ensured that it does so in the best interests of citizens. Progress has been made in the past two years, and the first ministers will continue that impetus at their meeting on December 11 and 12, which will deal with the social union.

Commenting on that upcoming first ministers' meeting, Mr. Bouchard had this to say on Saturday to his supporters:

"I've seen the agenda. They want to talk primarily about social policy. That's funny, because according to the Constitution, social policy is our jurisdiction."

It is certainly misinterpreting the Constitution to say that the Government of Canada has no role whatsoever in social and health matters. Mr. Bouchard would be quite unable to find a single modern federation where the federal government is not involved in either social policy or health. Mr. Bourassa didn't have the same ideas on those matters as Mr. Trudeau, but he never denied that the federal government had a role to play. As far back as 1970, he called for "a primary responsibility" for the provinces in the area of social policy and acknowledged "the key role of the federal government in ensuring an acceptable standard of living for all Canadians." [Translation]

Similarly, today, there are differences in approach among Messrs. Chrétien, Romanow, Klein and Johnson, but those differences are inevitable, and often healthy in the quest for better policies for citizens.

Mr. Bouchard and his ministers tell us that this federation is paralysed by endless conflicts between the federal government, the Quebec government and the other provincial governments. In fact, such tensions exist in all federations. Difficulties must not overshadow successes. Let's take the example of job training. As long as that issue was being disputed, many saw it as proof that the Canadian federation was irreparably dysfunctional. Now that a solution has been negotiated by Mr. Pettigrew and Ms. Harel, people have no more to say about it, except to repeat Mr. Bouchard's comment that it took 31 years to see any movement. That statement is too often accepted at face value, including by federalists. Canada obviously didn't sit on its hands for 31 years before taking an interest in job training. Federal-provincial agreements have been signed which, while perhaps not perfect, could not have been all that bad, since Canada is second in the world in terms of labour force competitiveness, according to the most recent index of the International Institute for Management Development (IMD).

In short, Quebec society and Canada form a whole which works well and which has every interest in staying together. There are abundant arguments to convince more and more of our fellow citizens to turn away from the independence parties. Those arguments must be highlighted by our actions and our words. All my colleagues in the Chrétien government are active on that front, because Canadian unity affects all aspects of our collective life and must not be relegated to a dry discussion on the Constitution.

That being said, there is another battle to be fought, the battle of identity. Many Quebecers are well aware that Canada is a success, but they don't feel at ease in a country where most of the inhabitants don't speak their language and don't have the same cultural references. That uneasiness with identity is a widespread phenomenon in this global world at the dawn of the next century.

We can already tell them that French is not threatened in Quebec. In point of fact, Quebec has never been as French as it is now, with 94% of its population able to speak the language. Outside Quebec, we must not throw in the towel: Francophones are better educated than before and enjoy more rights, cultural resources and their own institutions. Separation would mean "they'll have a hard time", as Jacques Parizeau admitted on November 25 in Edmonton.

But identity is not just about insecurity. Above all, it is about self-affirmation. That is the main issue, in my opinion. We Quebecers are also Canadians. And we are both Quebecers and Canadians not just because we understand that is in our best interests. It is because those two identities are a part of us, and we are proud of them. We should therefore vote accordingly. It isn't normal that 49% of Quebecers voted YES in the last referendum, when a poll only a few months before indicated that 80% (including 61% of YES supporters) were "proud to be both Quebecers and Canadians." It is not normal for YES support to remain above 40% when recent polls indicate that a much smaller proportion of Quebecers define themselves as Quebecers rather than as Quebecers and Canadians (25% according to CROP, February 1996; 17% according to EKOS, March 1997).

We must succeed in clarifying this question of identity at all costs. The independence project not only seeks to take Quebec out of Canada. It also seeks to take Canada out of Quebec, to strip us of our Canadian identity. We would still be Quebecers, but we would no longer be Canadians.

We are a people, Mr. Bouchard thunders day after day. We can easily agree that Quebecers are a people. It's simply difficult to deny that the Cree are a people, or that Canadians are a people. It's all a matter of definitions: sociological, ethnic, political. The real question is whether we are a people in the exclusive sense given to the word used by the PQ, whereby we would be Quebecers but not Canadians.

Of course we are Canadians. We have put too much into this country to take ourselves out of it. Sure, it would be desirable for our own identity to be given greater recognition. But Quebec is currently recognized as a Canadian province, and its provincial government occupies, more completely than the other provincial governments, the extensive areas of jurisdiction it has under the Constitution. The rights of the French language are recognized more than ever since the Constitution Act, 1982. The specificity of Quebec society is taken into account in court rulings, as recognized by former Supreme Court Chief Justice Brian Dickson. In my opinion, there is not a single judgment based on the Canadian Charter of Rights and Freedoms that went against the interests of Quebec society. The federal government has initiated an unprecedented harmonization of its legislation with Quebec's Civil Code, so that federal institutions speak the legal language of Quebecers and our country gets the greatest benefit from its bijuralism. The Constitution will probably soon be amended so that school boards can be organized along lines more in keeping with the specificity of modern Quebec.

It would be desirable, in addition, for Quebec to be recognized as a society, a more inclusive term than people. You know that since the Calgary Declaration, an initiative was launched to recognize the unique character of Quebec society, which would go hand in hand with equality of status of the provinces, in accordance with the principle that equality is not synonymous with uniformity. That would be a great addition. But there again, that addition would not make Canada acceptable: it is already an indisputable success.

There is no reason to deprive ourselves of Canada. And the Government of Canada's plan is to prove that there is no reason.

2. How secession could be effected

"It is up to the Quebec people to decide its future, not nine judges," Mr. Bouchard roars. Who is saying otherwise? The Government of Canada has obviously not asked the Supreme Court to decide on the merit of secession. It has asked it whether Mr. Bouchard and his government, by virtue of their majority in the National Assembly, would have the right to effect secession unilaterally. You understand how important it is for the Government of Canada that Mr. Bouchard's distorted description of the Supreme Court reference not become the standard language of the media.

The issue before the Court is not Quebec's right to self-determination. It is the Bouchard government's claim that it can effect independence unilaterally. That distinction, which is too often overlooked, is crucial. Allow me to explain why.

We Quebecers may one day want to stop being Canadians. That would be a grave error in my opinion, but I do not deny that it is a possibility, although I do believe it is improbable. In fact, no one can or should deny that this is a possibility. We in Canada accept secession as a possibility not because we are forced to do so by international law. In reality, secession is not a right in democracy. It is a right only for peoples in a colonial situation or in cases of extreme violation of human rights. That, at least, is the opinion the Government of Canada shares with the vast majority of experts. We shall see what the Supreme Court thinks about it.

We accept secession as a possibility because we know that our country would not be the same if it were not based on the voluntary adhesion of all its components. I do not know of a single major political party in Quebec or elsewhere in Canada that wants to detain us against our will.

In practice, secession would mean that we Quebecers would give up Canada to make Quebec an independent state. Federal institutions would no longer be operative in Quebec's territory.

Well, that is the essential point: the Government of Canada is also a government of Quebecers. It would no longer be so after secession. It therefore has a duty to us not to withdraw from Quebec's territory without the assurance that this is very clearly what we want: Canada's withdrawal from Quebec.

Would it have had that assurance the last time if 30,000 more voters had voted YES instead of NO? No one will ever know what would have happened. It is likely, however, that things would have turned out badly, precisely because the Parizeau government would have wanted to effect secession without the firm support of the population.

Research by Professor Maurice Pinard has gauged the extent to which the question chosen by the PQ government artificially swelled support for the YES side. The question referred to a "partnership" that the chief negotiator, Mr. Bouchard, admitted on June 19 was only "bare bones". Mr. Bouchard should have told us at the time of the referendum that he was asking us to vote for "bare bones". He has promised us since then that his party would put some meat on those bones. We'll have a long wait, because the more they will want to flesh out their partnership, the more they will be divided among themselves, and the more we will see that this is something much flimsier than bare bones: it is a pipe dream. It needs saying and it needs repeating: one quarter of a population could never break up a country and then come back in force and count for 50% in common institutions. That is an absurd project.

Messrs. Bouchard and Parizeau did not tell us of the sketchy nature of their partnership during the referendum campaign. They hid from us their secret plan, the Plan O (for obligations, the French word for bonds), which sought to use $19 billion of our savings bonds in the vain hope of calming the markets after a YES vote. They said nothing about Mr. Parizeau's "big gamble" with which he planned to force the agenda and put pressure on France, which would put pressure on the United States: a bogus plan. So Mr. Parizeau knew that international recognition is something that is very hard to come by. And yet, he told us just the opposite.

Three referenda were held in northern Quebec in the days preceding the vote on October 30. Those populations asked to stay Canadian, at a rate of over 95%. Mr. Parizeau would no doubt have said that those referenda did not accord any legal rights, because he's said so since then (La Presse, p. B1 1997-05-22). Legality! is the very word he would have used. Wasn't there a judgment by the Quebec Superior Court that raised various questions about the legality of the project he intended to implement following a referendum result in his favour? It is hard to guess how many Quebecers would have wanted to contest the illegal procedure by which Mr. Parizeau would have tried to deprive them of Canada, but the post-referendum difficulties would have swelled their ranks. So what would have happened if support for "sovereignty-partnership" had slipped well below 50% in the polls?

I am afraid that the PQ government would have reacted as it is reacting today to the Supreme Court reference. It would have played on emotions, trumped up indignation, looking for a "backlash" and thus making things even more confused and uncertain.

The secession debate is too often described as opposing Canada and Quebec, viewed as two monolithic blocks. Mr. Bouchard says that it is "Quebec", "Quebec democracy", "the Quebec people" that are attacked by the Supreme Court reference. And so we're all boiled down to a single being (or a single bloc). In fact, his attempt at unilateral secession would first and foremost divide us Quebecers among ourselves. Because the surest way of dividing Quebecers is to ask them to give up Canada. Mr. Bouchard would be forcing seven million people to overcome a profound disagreement without a precise legal framework in which to do so. You don't do that in a democracy.

Those who love Quebec do not want to see it plunged into such a situation. The way in which our secessionist leaders want to effect secession is completely irresponsible.

Democracy and the rule of law go hand in hand. Mr. Bouchard says that accession to sovereignty is a purely political matter, but he keeps inventing rules of law to justify the procedure he intends to follow. In fact, there are no "purely political" questions in a democracy. The law is an essential ingredient in the political life of a democracy; otherwise, things slide into anarchy. The PQ government has no right to proclaim itself to be the government of an independent state using a procedure it has established alone and an interpretation of the will of Quebecers of which it would be the sole judge. It cannot unilaterally strip us of our constitutional rights as Canadian citizens. It cannot establish alone the conditions for secession, whether they relate to the debt or to territory.

We must discuss this issue, as democrats, to find a just and fair procedure to settle the issue of secession. I cannot suggest a specific procedure today. But I must reiterate the three principles that should guide us in finding that procedure. The first is peacefulness. Everyone, governments first and foremost, must renounce force or the threat of the use of force. I repeat my invitation to Mr. Brassard to take back unambiguously the threatening statements he has made in the past.

The second is clarity. It would be too dangerous to launch into negotiations on secession without having the assurance that it is what Quebecers truly want.

The third is legality. The legal framework must be clear and recognized, so that everyone knows his or her rights and obligations and governments are able in all circumstances to protect citizens, respect their rights and obtain their obedience.

If Mr. Bouchard would agree on those three principles tomorrow, we would have taken a giant step as democrats in this difficult debate.

Conclusion

Ladies and gentlemen of the media, this is the way in which the Government of Canada asks why and how. Why Canadian unity? How could it be ended? In both cases, we begin with the principle that Quebecers are also Canadians. We find that the vast majority of them want to stay Canadians. Our government has a duty to show them that they are right. We must work even harder to improve this federation, which already serves us so well. The Government of Canada also has a duty to Quebecers not to take Canada away from them unless they have very clearly demonstrated that this is what they want.

Above all, we must not mistake the target. The problem we face is not Quebec society: it is just as open and tolerant as the other parts of Canada. Nor must it be confused with Quebec nationalism, which can be a positive force. Nor does it pertain to our language laws, which refer to a debate which, in itself, when separatist ideology does not sow mistrust, is conducted rather better in Quebec than in most other multilingual democracies. The problem pertains specifically to the project of secession itself, which is dividing Quebec society and depriving it of all the strength of cohesion it would otherwise have.

In an atmosphere of clarity, I believe that Quebecers will never give up Canada. But if that were to happen, the sad  act of secession would have to be negotiated. It would have to be negotiated peacefully, clearly and legally. But the Government of Canada has great hopes that those difficult circumstances will not come about. It has confidence in Quebec's future within a united Canada.

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