MINISTER STÉPHANE DION INTRODUCES
A RESOLUTION CONCERNING THE
CONSTITUTIONAL AMENDMENT PROPOSED
BY NEWFOUNDLAND’S HOUSE OF ASSEMBLY


OTTAWA, ONTARIO, October 27, 1997 – The President of the Privy Council and Minister of Intergovernmental Affairs, the Honourable Stéphane Dion, tabled a resolution in the House of Commons to authorize a bilateral amendment to Term 17 of Newfoundland’s Terms of Union with Canada, which forms part of the Canadian Constitution. The Minister announced that the resolution would be referred for consideration to a special joint committee of the House of Commons and the Senate.

"The Government of Canada supports the proposed amendment, which will allow Newfoundland to proceed with major reforms to its education system. Following many years of rancorous and divisive debate in Newfoundland over the role of the churches and religion in education, it is the Government’s view that the proposed amendment strikes a workable balance," Mr. Dion stated. "In Newfoundland, the proposed amendment appears to enjoy a high level of consensus, including a reasonable degree of support from affected minorities. The Government bases its assessment in part on the House of Assembly’s unanimous endorsement of the amendment resolution, and on the results of the provincial referendum in which 73% of voters approved a proposal to reform the education system."

The Minister further observed that "in assessing the proposed amendment, parliamentarians should accord due respect to the fact that all of the members of the House of Assembly voted in favour of the resolution to amend Term 17. This included all Catholic and Pentecostal members who had campaigned for the No side and voted No in the provincial referendum."

Stating that the Government of Canada believes that any attempt to alter entrenched minority rights should follow processes that are fair and thorough, Mr. Dion announced that a special joint committee of the House of Commons and the Senate will be struck to examine Newfoundland’s proposal to amend Term 17. He stressed that this committee’s work will enhance the level of public input and understanding, as well as aid Parliament to make an independent assessment of both the facts of the case and the merits and appropriateness of the amendment.

While noting that it might seem unusual that Parliament is being asked to consider an amendment to Term 17 for a second time in less than two years, Mr. Dion stressed that the Constitution does not set any limits on how often legislatures may seek constitutional amendments. "It is up to Parliament and the provincial legislature to which the amendment applies to determine the appropriateness of each proposed constitutional change," the Minister said.

Mr. Dion emphasized that the amendment to Term 17 would only affect the province of Newfoundland. He noted that "should another province come forward with a proposed change to its terms of union or to section 93, it will be up to Parliament to make its own assessment on the facts of that case and on the merits and appropriateness of the proposed amendment. Parliament will also wish to carefully assess whether the amendment enjoys a reasonable degree of support from the citizens affected by it."

Mr. Dion stressed that the joint committee and individual parliamentarians will have to make their own assessment of the present amendment proposed by the Government of Newfoundland. However, he indicated his belief that the amendment merits Parliament’s support and ultimate approval. Parliament, the Minister concluded, should interpret the referendum vote and the unanimous endorsement of the House of Assembly "as a clear signal that the population of Newfoundland and Labrador wants to proceed expeditiously to reform its education system in a manner that is fair to all."

Enclosure: Full text of the statement by Minister Dion

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The Amendment to Term 17 of Newfoundland’s Terms of Union with Canada: Statement by the Honourable Stéphane Dion

Introduction: A Section 43 Amendment

Mr. Speaker, today I have the pleasure of introducing a resolution to authorize a bilateral amendment to Term 17 of Newfoundland’s Terms of Union with Canada.

Newfoundland’s Terms of Union form part of the Constitution of Canada. Section 43 of the Constitution Act, 1982 provides for an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces. Such an amendment may be made by proclamation issued by the Governor General under the Great Seal of Canada, where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies.

On September 5, 1997, the Newfoundland House of Assembly unanimously adopted a resolution authorizing certain amendments to Term 17 of its Terms of Union, which will only apply to Newfoundland. The amendment will have no legal application or effect on education or denominational minorities in other provinces. In keeping with established practice, the Speaker of the Newfoundland House of Assembly conveyed to the Clerk of the Privy Council a certified copy of the resolution, which was received on September 8, 1997.

Our role and responsibility as parliamentarians is to consider the proposed amendment and to decide whether to approve it. As I have already indicated on several occasions, Mr. Speaker, the Government of Canada supports the proposed amendment, which will allow Newfoundland to proceed with major reforms to its education system.

Following many years of rancorous and divisive debate in Newfoundland over the role of the churches and religion in education, it is the Government’s view that the proposed amendment strikes a workable balance. In Newfoundland, the proposed amendment appears to enjoy a high level of consensus, including a reasonable degree of support from affected minorities. The Government bases its assessment in part on the House of Assembly’s unanimous endorsement of the amendment resolution, and on the results of the provincial referendum in which 73% of voters approved a proposal to reform the education system.

Nevertheless, the Government of Canada is of the view that any attempt to alter entrenched minority rights should be marked by processes that are fair and thorough. To this end, the Government is striking a special joint committee to examine Newfoundland’s resolution to amend Term 17. It is our belief that the hearings will help to enhance public input and understanding of the proposed amendment.

Moreover, the committee’s work will aid Parliament in making its independent assessment on the facts of the case and on the merits and appropriateness of the proposed amendment.

The Proposed Amendment to Term 17

Mr. Speaker, as you and our colleagues will recall, this is the second time in less than two years that Parliament has been asked to consider an amendment to Term 17 of Newfoundland’s Terms of Union. While this situation may seem unusual, the Constitution does not set any limits on how often legislatures may seek constitutional amendments. It is up to Parliament and the provincial legislature to which the amendment applies to determine the appropriateness of each proposed constitutional change.

To understand fully the circumstances which have given rise to this second amendment proposal it is necessary to briefly review the provisions of Term 17. It is also helpful to reexamine the extensive efforts that have been made over the past seven years to reform the education system in Newfoundland.

In lieu of section 93 of the Constitution Act, 1867, constitutional authority for education in Newfoundland was set out in Term 17 of the province’s 1949 Terms of Union with Canada. Term 17 granted six denominations the right to operate their own publicly-funded schools. In 1987, Term 17 was amended to extend denominational school rights to the Pentecostal Assemblies. These seven denominations operated four separate schools systems: the Integrated School System (Anglican, Presbyterian, Salvation Army and United Church), the Pentecostal Schools System, the Roman Catholic School System and the Seventh Day Adventist Schools System.

In 1990, the Government of Newfoundland and Labrador appointed Dr. Len Williams, a former teacher, principal and president of the provincial teachers’ association, and current university professor, to chair a Royal Commission on educational reform. The Commission was asked "to obtain an impartial assessment of the existing education system and to seek an appropriate vision for change."

The 1992 Report of the Williams’ Royal Commission recommended the reorganization of the education system in Newfoundland and Labrador to permit government to administer the system in a more efficient manner. The Commission proposed the creation of a single "interdenominational" school system encompassing the four separate denominational systems in operation at the time.

Initially, the Government of Newfoundland sought to achieve this change through non-constitutional negotiations with denominational leaders. When nearly three years of discussions failed to achieve an agreement, the Government of Newfoundland sought educational reform through a constitutional amendment to Term 17 of its Terms of Union.

But the amendment that Newfoundland sought, and which was authorized by this House and proclaimed by the Governor General on April 21, 1997, represented a compromise. The amendment would not have eliminated all single denominational schools. The amendment was designed to provide the Newfoundland House of Assembly with additional powers to organize and administer public education through a system of "interdenominational" schools, while retaining the rights of Roman Catholics and Pentecostals to "unidenominational" schools under certain conditions. These conditions were to be set out in provincial legislation that was equally applicable to all schools, either unidenominational or interdenominational.

However, the attempt to legislatively implement the new Term 17 under a revised Schools Act was successfully challenged in the Newfoundland Supreme Court. On July 8, 1997, Mr. Justice Leo Barry granted representatives of the Roman Catholic and Pentecostal churches a temporary injunction halting the entire educational reform process. In Justice Barry’s view, the new Schools Act favoured interdenominational over uni-denominational schools. Therefore, he found that a trial judge would likely find that the legislation was contrary to the amended Term 17, which required that interdenominational and unidenominational (i.e., Roman Catholic and Pentecostal) schools be given equal treatment.

As even Mr. Justice Barry acknowledged and anticipated, the injunction resulted in a "significant disruption" for teachers, principals and students who had been reassigned to different schools on the basis of the new schools legislation. It also resulted in the reopening of some schools and the re-hiring of some teachers who had been laid off following certain school closures and redesignation. For the Government of Newfoundland, and citizens who thought the divisive education debate was behind them, the injunction raised many questions and a great deal of uncertainty about the future structure of the school system.

The Government of Newfoundland filed an appeal, but did not pursue the matter. Instead, on July 31, 1997, Premier Tobin announced in a province-wide telecast that he would hold a referendum on September 2 to secure a mandate to amend Term 17 once again. Premier Tobin explained that for five years the provincial government, school boards, the teachers’ association, the churches, parents and students, "have all been engaged in what seems to be a never ending debate about how to reconcile the need for reform of our education system with the rights of the denominations in the education system."

While not referring specifically to the injunction blocking educational reform, Premier Tobin argued that: "During the last five years, we’ve seen every attempt to reconcile these two ideas...education reform and denominational rights end in more confusion and more conflict."

Consequently, Premier Tobin decided to go to the people once again to seek a mandate for an amendment to Term 17. The purpose of that amendment, which we are asked to consider, is to create a single, publicly funded and administered school system. The brief text of this Term 17 amendment, which only contains three clauses, is plain and clear and states that:

  1. In lieu of section ninety-three of the Constitution Act, 1867, this section shall apply in respect of the Province of Newfoundland.

  2. In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education, but shall provide for courses in religion that are not specific to a religious denomination.

  3. Religious observances shall be permitted in a school where requested by parents.

Support for the Proposed Amendment

The proposed amendment, which constitutes a major restructuring of Newfoundland’s education system, is supported by a substantial majority of the province’s population and enjoys a fair degree of support from affected minorities.

In addition, the House of Assembly gave the resolution unanimous approval on September

5.In considering this amendment, the Government has sought to ensure that its process is thorough and gives due respect to affected minorities. You will recall, Mr. Speaker, that the issue of minority rights was not central to the Government’s consideration of the previous Term 17 amendment. The old Term 17 granted certain rights to seven denominations representing 95% of the population. However, following the amendment to Term 17, the Integrated Group (Anglican, Presbyterian, Salvation Army and United Church) became one majority class of persons comprising 52% of the population. The Roman Catholics became a sizable minority of 37%. The Pentecostals are a minority of 7%.

Given this amendment’s impact on minority rights, a mere 50+1 referendum majority would not have been sufficient nor adequate in measuring the degree of consensus among affected Roman Catholics and Pentecostals. But the referendum did not result in a narrow majority: it was an overwhelming majority of 73%, which provided evidence of minority support. The proposal carried in 47 of Newfoundland’s 48 electoral districts

Voter turn-out was 53%, but given the high probability that opponents of the education reform proposal were most likely to vote, the results send a clear message that there is substantial support for this amendment.

Analysis indicates that in heavily Roman Catholic areas, the proposal was supported by a majority. The St. George’s Bay region, which is 74% Roman Catholic, voted 59% Yes. The Avalon Peninsula, which is 48.5% Roman Catholic, voted 72% Yes. Coincidentally, the Burin Peninsula is also 48.5% Roman Catholic and it also voted 72% Yes. Approximately 75% of all Roman Catholics in Newfoundland and Labrador reside in these three regions.

It is difficult to assess accurately the exact degree to which members of the smaller Pentecostal community supported the proposed amendment. However, in the four electoral districts where Pentecostals are most heavily concentrated, the resolution carried with majorities of 57% to 64%.

Moreover, on September 5, the four members of the Pentecostal faith who sit in the Newfoundland House of Assembly, and represent districts with significant Pentecostal populations, joined their colleagues in unanimously supporting the resolution to amend Term 17.

Indeed, in assessing the proposed amendment, Parliamentarians should accord due respect to the fact that all of the members of the House of Assembly voted in favour of the resolution to amend Term 17. This included all Catholic and Pentecostal members who had campaigned for the No side and voted No in the provincial referendum..


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