QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
SECOND GOVERNMENT OF 299.The report produced by the Bélanger- ROBERT BOURASSA Campeau Commission confirms that (PERIOD FOLLOWING THE FAILURE OF in the discussions and decisions that THE MEECH LAKE ACCORD, JUNE 22, 1990 will be made regarding the political TO JANUARY 11, 1994) and constitutional future of Québec, two avenues must be considered in parallel: an in-depth reorganization of the current federal system or sover- eignty for Québec. The other solutions bec é would not answer the needs and aspi- rations of Québec society.319 300.The main idea behind the report and the recommendations of the Commis- sion is that Quebecers themselves must make the decisions which will affect their political and constitutional future. Source: Archives nationales du Qu Daniel Lessard With this, the Québec government ••• Status of Québec concurs. In good time, the people of Québec will be called upon to make 297.English Canada must clearly understand major decisions for its future. On the that, regardless of what is said or done, one hand, the Québec government Québec is today and always will be a retains its initiative and its ability to society that is distinct, free and able to assess the measures which will be 317 assume its destiny and development. in the best interest of Québec. On the 298.On September 4, 1990, the National other hand, the National Assembly Assembly adopted An Act to establish remains sovereign to decide on any the Commission on the Political and referendum question and, if necessary, Constitutional Future of Québec to adopt the appropriate legislative (Bélanger-Campeau Commission). The measures.320 preamble of this law states that Que- 301.On June 20, 1991, the Québec National becers are free to assume their own Assembly adopted An Act respecting destiny, to determine their political the process for determining the political status and to assure their economic, and constitutional future of Québec social and cultural development. The (“Bill 150”). The preamble of this law preamble goes on to mention the need reiterates that Quebecers are free to for redefining the political and consti- assume their own destiny, to determine tutional status of Québec.318 their political status and to assure their
317. Speech by Robert Bourassa upon the rejection of the Meech Lake Accord, Québec National Assembly, Journal des débats, June 22, 1990, p. 4134 (quotation [Translation]; see part 2 of this document). 318. Q.S. 1990, c. 34 (Part 3: document no. 24). 319. Statement by the Prime Minister of Québec, Robert Bourassa, and Gil Rémillard, Minister responsible for Canadian Intergovernmental Affairs, 1st addendum of the Report of the Commission on the Political and Constitutional Future of Québec, March 1991, p. 86. 320. Ibid., p. 87 (quotation).
72 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
economic, social and cultural develop- we only want this clause to allow the ment. The preamble also reaffirms the courts to interpret the Canadian Consti- need for redefining the political and tution based on our reality, our history.324 constitutional status of Québec.321 Distinct society: See also paragraphs 310 and 313 302.That the National Assembly, while (Charlottetown Accord). recognizing the right of the federal 305.From the analysis of the two options Parliament to pass a referendum act, made by the parliamentary commis- ask the federal government to abide sions set up under Bill 150, it demons- by the process established in Bill 150 trates that sovereignty is legitimate and, accordingly, not to initiate a and feasible. On a short-term basis, it pan-Canadian referendum that would points to costs both for Québec and the affect the political and constitutional rest of Canada. It also indicates from future of Québec, thus reaffirming the testimonies that an economic associa- right of Quebecers to assume their tion integrated into a political structure own destiny freely and to determine could lead to an efficient and harmo- alone their political and constitu- nious collaboration for the better well tional status.322 being of both communities.325 303.The government’s preferred option remains a radically renewed federal- ••• Constitutional reform process ism. A federalism in which Québec can 306.If anything can be concluded from the give full expression to what it is and most recent constitutional negotiations, share what it has in common with the it is that the existing process of consti- rest of Canada.323 tutional revision in Canada is discred- 304.The September 1991 federal propos- ited. The Québec government will not als recognize the distinct society in return to the negotiating table on the Constitution in two places. First in constitutional issues.326 the Charter for its interpretation and 307.On September 4, 1990, the National second in a Canada clause that is also Assembly adopted An Act to establish inserted in the Constitution. Nonethe- the Commission on the Political and less, the Canada clause must not be a Constitutional Future of Québec. This disguised preamble as that could be is an extraordinary commission bring- the case in the federal proposals as ing together representatives from the they are worded. The distinct society Québec National Assembly, society in concept must not be an artifice, but general and Québec representatives the recognition of an historic reality, from the House of Commons. Its man- since at least 1774, in the Québec Act. date is to study and analyze the political We do not want to be considered and constitutional status of Québec superior to the other provinces, we and to formulate recommendations to are not seeking any special privileges, this end.327
321. Q.S. 1991, c. 34, amend. by Q.S. 1992, c. 47 (Part 3: documents nos. 25 and 28). 322. Resolution of the Québec National Assembly dated November 27, 1991 (quotation; part 3: document no. 26). 323. Speaking notes for Gil Rémillard, Minister of Justice and Minister responsible for Canadian Intergovernmental Affairs, before a banquet of the Chambre de Commerce d’Anjou, Montréal, January 15, 1992, p. 8 (quotation). 324. Ibid., p. 9-10. 325. Speaking notes for Gil Rémillard, Minister of Justice and Minister responsible for Canadian Intergovernmental Affairs, at the Canadian Bar Association Meeting in Whistler, February 24, 1992, p.8 (See part 2 of this document). 326. Message to the people of Québec by Prime Minister Robert Bourassa, June 23, 1990 (See part 2 of this document). 327. Q.S. 1990, c. 34 (See part 3: document no. 24).
73 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
308.Québec can no longer accept being 4) Québec shares the objective of a one amongst eleven in the constitu- stronger and more dynamic eco- tional forum. We say no to a consti- nomic union. We must look for ways tuent assembly or any other form of that draw on intergovernmental negotiation that will put Québec face harmonization and joint consulta- to face as one amongst eleven.328 tion to develop the Canadian eco- 309.Following the Bélanger-Campeau Com- nomic union. The means proposed mission’s report, on June 20, 1991 the in September 1991 by the federal National Assembly adopted An Act government are disproportionate respecting the process for determining compared to the objectives. the political and constitutional future 5) A new distribution of powers is of Québec, which provided for the needed to clearly confirm Québec’s holding in June or October 1992 of a areas of jurisdiction. This distri- referendum on the sovereignty of bution must lead to a more effec- Québec and implemented two commit- tive, more cooperative federalism tees, one to examine matters relating to that will reduce overlapping and the accession of Québec to sovereignty provide Québec with the means it and the other, to examine any offer of needs to protect and promote its a new constitutional partnership.329 identity. 310.The principles Québec refers to in the 6) The federation must be renewed current constitutional debate are: constitutionally. In some areas of joint jurisdiction, simple adminis- 1) The substance of the five condi- trative arrangements maybe useful, tions included in the Meech Lake but they are not sufficient for the Accord cannot be altered. overhaul of the distribution of 2) The powers of the National Assem- powers we need. It is a known fact bly cannot be reduced without its that administrative agreements consent. Québec must be able to say remain at the mercy of federal “No” to any constitutional amend- legislation. They are insufficient. ment affecting the powers of the No level of government benefits National Assembly as well as the from a systematic recourse to admin- institutions and main features of istrative agreements. the Canadian federation. No Québec 7) The territorial integrity of Québec government can agree to a con- must be respected. The government stitutional accord that does not cannot accept having entrusted to include a veto. the courts the role of specifying 3) Constitutional recognition of Québec the nature and conditions for apply- as a distinct society is indispensable. ing the rights of Aboriginal peoples The concept cannot be an empty to self-government; Québec is pre- shell. It must have significant polit- pared to recognize Aboriginal ical and legal consequences. Peoples’ right to self-government,
328. Speech by Gil Rémillard, Minister of Justice and Minister responsible for Canadian Intergovernmental Affairs, Deliberations concerning Bill 150, Québec National Assembly, Journal des débats, June 12, 1991, p. 9115 (quotation) [Translation]. 329. Q.S. 1991, c. 4, as assented to on June 20, 1991 (Part 3: document no. 25).
74 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
but within the framework of duly women and men, attachment to the negotiated agreements between fact that there are Aboriginal Peo- the Aboriginal Peoples and the ples, attachment to the fact that government of Québec.330 there are English and French- 311.The deadline set forth by Bill 150 Speaking Canadians, and to the should not be considered a sword of fact that Québec is a distinct society Damocles hanging over the head of within Canada. Canadians. Quebecers have given them- The second part of this Canada selves this instrument to finally put a Clause states that: “The role of the stop to constitutional uncertainties and legislature and Government of to build their future with serenity. Bill Québec to preserve and promote 150 is no bluff.331 the distinct society of Québec is 312.The Charlottetown Accord is concluded affirmed.” Nowhere else in the on August 28, 1992.332 On September 8, Canada Clause is the role of a 1992, the Québec National Assembly government mentioned. This essen- adopted An Act to amend the Act re- tially dynamic role of Québec insti- specting the process for determining tutions to preserve and promote the political and constitutional future the distinct society were not gratu- of Québec, which replaces the refer- itously put in this second paragraph endum on Québec sovereignty by a of the clause. referendum on this agreement.333 In its third part, the Canada Clause 313.The Charlottetown Accord constitutes contains what is known as a pro- the most complete and substantial basis tection clause, i.e. a ground level for constitutional reform that has that ensures that vested rights can- ever been presented by a government not be touched, but that it remains of Québec following negotiations with possible to build on this solid ground the federal government and the other level since it guarantees the “not- provinces. It reflects two major con- withstanding” clause. cerns that have always been significant 2) The Accord guarantees Québec for Québec: its security as a society, a the selection of its immigrants, its people and its means for develop- proportion of immigration as well ment as the distinct society that it is. as its capacity for integration into 1) The Accord has a Canada Clause Québec society, a constitutionalized divided into three parts. guarantee that cannot be changed In the first part, the clause refers without the consent of Québec. to the fundamental values that 3) It grants Québec a guarantee of Canadians and Quebecers share in three of the nine justices of the common: liberty, democracy, Supreme Court of Canada and fundamental rights, equality of protects the jurisdiction of the latter.
330. Speaking notes for Gil Rémillard, Minister of Justice and Minister responsible for Canadian Intergovernmental Affairs, before a banquet of the Chambre de Commerce d’Anjou, Montréal, January 15, 1992, p. 9-11; Speaking notes for Gil Rémillard at the Canadian Bar Association Meeting in Whistler, February 24, 1992, p.2-7 (See part 2 of this document). 331. Speaking notes for the Whistler Meeting, ibid., p. 8 (quotation). 332. Consensus Report on the Constitution, Charlottetown, August 28, 1992 (Part 3: document no. 27). 333. Q.S. 1992, c. 47 (Part 3: document no. 28).
75 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
4) As regards federal spending power, 7) The Accord acknowledges in consti- it recognizes Québec’s right to tutional terms the right of Aboriginal opt-out with compensation from Peoples to self-government. Québec’s shared-cost programs. As for exer- territorial integrity is ensured. Limits cising the spending power in pro- are set so that autonomous aborig- vincial areas other than through inal governments may exercise shared-cost programs, a framework their authority based on the respect will be implemented by the first of essential provincial and federal ministers. The principles of this laws for respecting peace, order framework will be constitutionalized. and good government. Resorting It should specify that the exercising to the courts will be possible in of the spending power must respect cases of difficult negotiations. provincial priorities. 8) Under the Accord, six sectors fall 5) Under the Accord, Québec recovers into exclusive provincial jurisdic- a right of veto over the Senate and tion: forestry, mining, tourism, the House of Commons where, in housing, recreation, municipal and addition, it is guaranteed 25 % of urban affairs. Forestry and mining the seats. Québec has a right of were already under provincial veto over the entry of new provinces jurisdiction. As for the other four and, consequently, recovers an sectors, it was said that they are absolute right of veto over the attached to provincial jurisdiction amending formula. There is also a over property and civil rights. right of veto over the distinct Yet, since these sectors were not society and a right of veto over the expressly mentioned, the federal “notwithstanding” clause. government also claimed its own 6) The Accord provides for a Senate jurisdiction over them. The Agree- that will be equitably equal in that ment ends this dispute. It also each province will have six sena- provides agreements for withdraw- tors, the Yukon territory will have als with entitlements to financial one and the Northwest Territories, compensations, agreements that also one. The senators may be could be reviewed and adjusted appointed or elected either directly every five years. or indirectly, i.e. it will be up to The Accord recognizes two other the provinces to decide, and this extremely important exclusive areas. will be in the Constitution. The First in cultural affairs, while Québec National Assembly will recognizing federal jurisdiction in therefore be able to elect its sen- matters of national institutions and ators. The new Senate could have a federal role to be played nation- been called the federation chamber. ally for a Canadian culture. There The transformation of its powers should also be a federal-provincial will make it more representative agreement to ensure Québec’s of the provinces’ interests. The new prevalence over culture within its Senate will allow Québec in some territorial boundaries. The other ways to extend its political action recognized exclusive power is labour to level of this new institution of training. The Québec government the federal Parliament. did not request jurisdiction over
76 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
unemployment insurance owing to all cases of opting out, as provided in the costs of a billion dollars that the Meech Lake Accord. As for the this transfer would have caused. matters dealt with in section 42 of the Nonetheless, what Québec does Constitution Act, 1982 (central institu- obtain, especially, is the possibility tions, the Senate and the creation of of administering the unemployment provinces), Québec, as one of the insurance fund. major partners in the federation, is entitled to demand that it have a say The Agreement also touches upon in any amendment concerning those another extremely important juris- matters, since they are at the very heart diction: regional economic devel- of the federal compromise of 1867.336 opment. The current Québec-Canada agreement in this area could be Veto: See also paragraphs 310 and 313 enshrined in the Constitution and (Charlottetown Accord). improved, in connection with the framework to be set up for the ••• Distribution of powers spending power and respect for a) General principles provincial priorities. Lastly, in the field of telecommunications, Québec 316.The search for greater effectiveness could through an agreement with must also guide us in establishing a the federal government, appoint new division of powers that will commissioners to the Canadian clearly delineate the jurisdictions of Radio-Television and Telecommu- the two levels of government. We nications Commission.334 should find in the new constitution a 314.On October 26, 1992, in the referendum division of power establishing a more held in Québec on the Charlottetown functional, more cooperative feder- Accord, the No option carried the day alism that will reduce overlaps and with 56.68 % of electoral votes and guarantee that Québec and the other the Yes option obtained 43.32 %.335 provinces have the means necessary to protect and promote their distinctive ••• Constitutional amending procedure characteristics.337 315.The Constitution Act, 1982 indeed 317.It is the essence of federalism to meet provides for a right to opt out, but it the different needs of the federal part- carries with it financial compensation ners. [...] Asymmetry and federalism only with respect to transfers related are compatible. Without overestimating to culture and education. The possibil- its implications, we may view asym- ities of such financial compensation metry as an important means of should be broadened so as to include establishing a division of powers likely
334. Speech by Gil Rémillard, Minister of Justice and Minister responsible for Canadian Intergovernmental Affairs, on the Charlottetown Accord, Québec National Assembly, Journal des débats, September 3, 1992, p. 3087-3094. 335. See Directeur général des élections du Québec, Rapport des résultats officiels du scrutin. Référendum du 26 octobre 1992, 1992, p. 49 (see extract of the Official Report and the text on the referendum question in part 3: document no. 29). The Charlottetown Accord was also rejected by the rest of Canada by a separate referendum held under federal legislation on October 26, 1992. In the rest of Canada, the No option carried the day with a 54.3 % result of votes validly cast, the Yes option obtained a result of 45.7%. See Chief Electoral Officer of Canada, The 1992 Federal Referendum: A Challenge Met, 1994, p.58. 336. Speaking notes for Gil Rémillard, Minister of Justice and Minister responsible for Canadian Intergovernmental Affairs, at the Canadian Bar Association Meeting in Whistler, February 24, 1992, p.4 (See part 2 of this document). 337. Ibid, p. 5 (quotation).
77 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
to satisfy both Québec and the other maintain its weight within the Canadian provinces, while consolidating the foun- Confederation. The Québec government dations of the federal government in holds that these minimal demands regard to its national responsibilities.338 remain essential for an immigration 318.The distribution of legislative powers policy the aim of which is to develop [...] must refer to two fundamental Québec as a distinct society.341 principles [...]: that we may have the 321.To align all action in integration of legislative tools for expressing who we newcomers with Québec’s objectives, are as a society, as a people, in social Québec has since 1986 been demand- and cultural matters as in the economy, ing exclusive control over immigrant and that we may also have an efficient reception services and their cultural, federation to avoid duplications.339 linguistic and economic integration, along with reasonable financial com- The need for a constitutional, rather than an 342 administrative reform: See paragraph 310. pensation.
Immigration: See also paragraphs 310 and 313 b) Sectorial jurisdictions (Charlottetown Accord).
319.In the current constitutional frame- 322.In the current constitutional context, work, the government of Québec does as Minister of Cultural Affairs, I want not have all the needed powers for to restate Québec’s need to have prev- attaining by itself the objectives of its alence in cultural matters within its political position in matters of immi- territorial boundaries. The issue of gration and integration. This is why culture is of fundamental importance Québec seeks to enlarge its jurisdic- for Québec. In this respect, it is essential tions in order to increase not only its that be recognized to its government ability to act, but also the efficiency of its actions.340 the exclusive powers it needs to assume its responsibilities.343 320.[...] Since 1986, the Québec Govern- ment has been seeking constitutional Culture and Charlottetown Accord: See paragraph 313. recognition of Québec’s exclusive 323.Faced with federal initiatives in the powers on establishing the criteria, selecting independent immigrants and field of education undertaken in the extending its powers to on-site selec- name of the Canadian economy’s com- tion. Similarly, Québec is seeking the petitive edge, Québec’s positions are guarantee of receiving a number of as follows: immigrants proportional to its share of • Québec is fully prepared to discuss the Canadian population, with the businesses’ competitive edge and right to exceed this number by 5 % to the means for reviving the economy
338. Speaking notes for Gil Rémillard, Minister of Justice and Minister responsible for Canadian Intergovernmental Affairs, at the Canadian Bar Association Meeting in Whistler, February 24, 1992, p.5-6 (quotation) (See part 2 of this document). 339. Declaration by Gil Rémillard, Minister of Justice and Minister responsible for Canadian Intergovernmental Affairs in the debate on the status of constitutional negotiations, Québec National Assembly, Journal des débats, Commission permanente des institutions, May 29, 1992, p. CI-530 (quotation) [Translation]. 340. Message by Robert Bourassa, in ministère des Communautés culturelles et de l'Immigration, Let's Build Québec Together: A policy statement on immigration and integration, 1990, p. III. 341. Ministère des Communautés culturelles et de l'Immigration, Let's Build Québec Together: A policy statement on immigra- tion and integration, 1990, p. 24 (quotation). 342. Ibid., p. 49 (quotation). 343. Message by Liza Frulla-Hébert, ministère des Affaires culturelles, Québec's Cultural Policy: Our culture, Our future, 1992, p. vii-viii (quotation) [Translation].
78 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
within the framework of a strategy are to be. This should not be construed for economic prosperity, but any that Québec refuses fiscal or even impact on the educational objectives financial transfers—it actively seeks must remain within the exclusive them; it’s more a question that it sees power of Québec, especially as re- such amounts being deposited into the gards post-secondary education and province’s general fund, with even less vocational training. strings attached that would be tanta- mount to having its priorities set.345 • In education, it is up to Québec to decide on the management, distri- 325.As other modern societies, Québec bution and utilization of resources must define its own labour orientation allocated to this sector. policy on labour force adjustments. • As regards common objectives (or Despite the meritorious efforts for coor- national ones) in education, it is dinating federal government actions up to the provinces—within their with those of the Québec government exclusive powers—to define them, in labour force issues, the complexity as it is up to them to decide on the of the programs and the confusion they opportunity to answer the needs generate have continuously increased identified by the federal govern- over the years. There is in Québec a ment in the exercising of its own consensus on the urgent need to put jurisdictions and whose solution an end to this disorder by appointing falls within the field of education.344 just one administration, the govern- 324.Québec’s constitutional basis in edu- ment of Québec, to assume the res- cation reflects a lively socio-cultural ponsibilities and budgets pertaining reality and evokes the bonds of close to the labour force adjustments. In symbiosis between universities, the this context, the government of Québec community and their government. defends the following position: Québec cannot denounce this “strate- • That Québec alone become the gic alliance” and invite the federal sole responsible party for labour government to step in and orient the force adjustments policies and voca- development of a university system tional training within its territorial that is so closely associated with the boundaries, and the only adminis- development of Québec society. This tration entrusted with developing does not mean that Québec refuses to and administering in cooperation associate itself with major knowledge with its social partners training, and research networks or wants to adjustments and job-assistance dissuade its researchers from compet- programs. ing with the best in continental or global contests. It just means that • That for this purpose, Québec patri- when the issue is one of basic catalytic ate all federal budgets, including actions, Québec cannot see someone those funded from unemployment being authorized to come in from the insurance and assigned to labour outside and decide what its priorities force programs.
344. Le Québec et les universités, partenaires dans une société distincte, notes for a speech by Lucienne Robillard, Minister of Higher Education and Science, at the closing banquet of the General Meeting of the Association of Universities and Colleges of Canada, (AUCC), Vancouver, March 4, 1992, p.5. 345. Ibid, p. 6.
79 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
• That the government of Québec be 328.Québec has never suggested that it responsible within its territorial would renounce or delegate any part limits for the administration of un- of its responsibilities in the field of employment insurance programs stock exchange securities.349 while maintaining the responsibility 329.In making a distinction between inter- of the federal government regarding national affairs and foreign policy, the regime’s law and regulations.346 and in choosing an approach centred 326.The control over all the instruments on Québec’s interests, the foundations used for labour force adjustments and and impetus of the resulting policy vocational training policies can be are not likely to be brought into ques- tion. Indeed, in a modern context no done within the current constitutional government can meet its domestic framework.347 responsibilities effectively without The Charlottetown Accord and labour force issues: taking the international dimension into See paragraph 313. account, and it must act within this 350 327.The Québec government’s guidelines framework, according to its means. in the field of economic and regional 330.Under the Canadian Constitution, development, plus its relationship with social and health care issues indisput- the federal government are in this ably fall within the exclusive power of respect: the provinces. Over the past twenty- five years, the government of Québec • The primacy of Québec’s responsi- has remarkably exercised its responsi- bility for the planning and setting of bilities and it has endowed the health economic development and regional care and social affairs sectors with priorities within its territorial limits; high-quality administrations. These • The need for using procedures, success stories eloquently prove—and structures and programs set up or the citizens of Québec have every approved by Québec; reason to agree—that Québec would have nothing to gain by a new distri- • Québec predominance over all pro- bution of powers in these sectors. grams and projects falling under Until today, they have been under its jurisdiction.348 exclusive provincial jurisdiction and, Economic development and the Charlottetown Accord: for the best interests of Quebecers, See paragraph 313. they are there to stay.351
346. Ministerial declaration by André Bourbeau, Minister of Labour, Income security and Vocational training, Québec National Assembly, Journal des débats, December 13, 1990, p. 6316-6317; ministère de la Main-d’œuvre, de la Sécurité du revenu et de la Formation professionnelle, Partners for a Skilled and Competitive Québec: Policy statement on labour force development, 1991, p. 45-46; document dealing with Québec's position in the labour sector, Federal-Provincial-Territorial Conference of Ministers responsible for Labour Market Matters, Toronto, January 19 and 20, 1993, p. 3-4. 347. Ministerial declaration by André Bourbeau, ibid., p. 6317 (quotation) [Translation]. 348. Preliminary comments by Gil Rémillard during a credit analysis session 1992-1993 of the Minister responsible for Canadian Intergovernmental Affairs, Québec National Assembly, Journal des débats, Commission des institutions, April 30, 1992, p. C1-288. 349. Letter from Louise Robic, Minister responsible for Finance, to Gilles Loiselle, Minister of State for Finance and Chairman of the Treasury Board of the government of Canada, January 13, 1993 (quotation) [Translation]. 350. Foreword by John Ciaccia, ministère des Affaires internationales, Québec and Interdependence: Global Horizons. Elements of an international affairs policy, 1991, p. viii (quotation). 351. Ministère de la Santé et des Services sociaux, Québec’s Health and Social Services: Equitable Funding, Living within our Means, 1991, p. 84.
80 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
Financing Health Care and Social Services: ensuring federal takeover in this area. See paragraph 336. [...] In performing these two actions, the federal government has endowed 331.By a unanimous resolution, the Québec itself with a kind of domination in the National Assembly has strongly disap- entire field of the environment, includ- proved Bill C-13 respecting the federal ing that which was constitutionally environmental assessment process. reserved for the exclusive control of The federal bill seeks to excessively the provinces and for which Québec extend cases of federal assessment, has for many years now exercised its especially by integrating the exercising responsibilities.353 of the spending power. It is foreseeable that the duplicate assessment of projects Housing: See paragraphs 313 (Charlottetown Accord) and 337. in environmental issues will become the rule rather than the exception. Forestry, mining, tourism, recreation, The duplication of assessments could municipal and urban affairs: See paragraph 313 have a negative impact on economic (Charlottetown Accord). development and public participation. Economic union and distribution of powers: It also creates the risk of legal uncer- See paragraphs 310 and 341. tainty, which could lead to numerous litigations. All the provisions for coop- c) Unilateral powers eration or harmonization set forth in Federal spending power: See paragraph 310 and 313 the bill contribute to subordinating (Charlottetown Accord). Québec procedures to the federal pro- cess. The joint examination process is ••• Individual and language rights one that actually puts the provincial 333.The preamble of the Act establishing government under the supervisory the Bélanger-Campeau Commission authority of the federal government. expresses, among other things, the The bill multiplies cases where federal following considerations: domination and provincial subordi- • Whereas Québec has already dem- nation may occur. It must be accepted onstrated its respect for democratic in principle that throughout Canada, values and individual rights and there may be different or distinct assess- freedoms; ment procedures, but all having the • Whereas Québec has recognized same value. It is on the basis of this that Quebecers wish to see the qual- principle that true cooperation will ity and influence of the French be instilled in the future.352 language assured and to make it 332.The [Canadian] Green Plan set along- the language of Government and the side Bill C-13, appears in many ways as Law, as well as the normal and a deliberate strategy for dispossess- everyday language of work, instruc- ing the provinces of their responsibilities tion, communication, commerce in the field of environment and for and business;
352. Speaking notes for Pierre Paradis, Minister for the Environment, before members of the Standing Senatorial Energy, Environment and Natural Resources Committee, Ottawa, June 16, 1992. 353. Ibid., p. 12-13 (quotation) [Translation].
81 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
• Whereas Québec intends to pursue on a bilateral basis. It is also obvious this objective in a spirit of fairness that we may decide to participate in and open-mindedness, respectful some conferences where Québec’s of the rights and institutions of the interests are at stake, but never on English-Speaking Community of constitutional matters.356 Québec.354 b) Financial aspects of federalism ••• Institutions 336.The financing of health care and 334.There must be a specific role for the social services will require a revision Senate. In this context, the govern- of federal-provincial collaboration ment of Québec is prepared to enter based on the following two principles: into discussions while always respect- • Reestablishment of the federal trans- ing the principle, which is fundamental fers payments for the established for Québec, that there will be no dimin- programs financing (EPF) ishing of Québec’s role regarding the Federal-provincial collaboration would Senate as with all other federal insti- be reaffirmed on the basis of renewed 355 tutions. federal interest in common objectives
The reforming of federal institutions: See also pursued in health care. Federal con- paragraphs 310 and 313 (Charlottetown Accord). tributions to EPF should be based upon economic indicators that take Economic union (The federation council project) and the evolution of expenditures into Executive Federalism: See paragraph 341. consideration. ••• Intergovernmental policy • Reduction of the limits to the prov- inces’ exercise of responsibility. a) Conducting intergovernmental relations It seems reasonable to ask the federal 335.The position of my government from government, in following the example now on is to negotiate bilaterally and of all participants, to contribute to not with eleven entities, to negotiate solving the deadlock in financing by with the Canadian government that refraining from setting rules on finan- represents the entire population of cial and fiscal transfers that restrict Canada, bilateral negotiations between the full exercising of their responsibil- the government of Québec and the ities by the provinces, especially with federal government. Obviously, we will regard to the defining of the basket of have negotiations with other provinces insured services and access to services.357
354. An Act to establish the Commission on the Political and Constitutional Future of Québec, Q.S. 1990, c. 34 (See part 3: docu- ment no. 24); these elements were taken from the preamble of An Act respecting the process for determining the political and constitutional future of Québec, Q.S. 1991, c. 34, amend. by Q.S. 1992, c. 47 (See part 3: documents nos. 25 and 28). 355. Declaration by Gil Rémillard, Minister of Justice and Minister responsible for Canadian Intergovernmental Affairs on the gov- ernment's position regarding proposals for reforming the Senate, Québec National Assembly, Journal des débats, April 15, 1992, p. 598. 356. Message to the people of Québec by Prime Minister Robert Bourassa, June 23, 1990 (quotation [Translation]; see part 2 of this document). 357. Ministère de la Santé et des Services sociaux, Québec’s Health and Social Services: Equitable Funding, Living within our Means, 1991, p. 88-89.
82 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
337.The unilateral withdrawal without Amerinds and the Inuit of Québec to prior consultation of the federal govern- preserve and develop their specific ment from the Canada-Québec Global character and to assure the progress Agreement on Social Housing is a of their communities [...].359 rather unacceptable manner for pro- 339.The territory of a province may not be ceeding between two governments. changed without the province’s consent. Furthermore, the announced budget This principle is already entrenched freeze of the Canada Mortgage and in section 43 of the Constitution Act of Housing Corporation (CMHC) will per- 1982, and must be abided by in any petuate a situation, which as regards constitutional agreement recognizing federal transfers, is unfair for Québec. the right of the Aboriginal peoples to Indeed, the CMHC’s share of budgetary self-government. The Québec National expenditures that are made by Québec Assembly has recognized the princi- hardly exceed 19 %. This is on the ple of Aboriginal self-government in one hand genuinely below the pro- the framework of agreements with portion of really needy households the governments.360 living in Québec. It is also on the Self-government and territorial integrity: other, quite lower than the demographic See also paragraphs 310 and 313 weight of Québec as contrasted with (Charlottetown Accord). the whole of Canada. The freezing of the CMHC’s budget and the discontinuance d) French-Speaking and Acadian of any new commitment threatens Communities of Canada to forever eliminate any possibility 340.The preamble of the Act to establish Québec would have of hoping to catch the Commission on the Political and up in making in its share of the fed- Constitutional Future of Québec bears eral expenditures intended for social the following message: Whereas Québec housing. The current federal with- supports French-Speaking Communities drawal penalizes Québec far too heavily outside Québec and contributes to the and cannot be done without some International French-Speaking world; adequate financial compensation.358 [...].361 c) Aboriginal Nations e) Trade 338.The preamble of the Act to establish 341.Québec shares the objective of a the Commission on the Political and stronger and more dynamic economic Constitutional Future of Québec bears union and is in favour of the free circu- the following message: Whereas lation of goods, persons, capital and Québec recognizes the right of the labour. It favours the elimination of
358. Letter from Claude Ryan, Minister of Municipal Affairs, responsible for Housing, to Elmer Mackay, Minister responsible for the Canada Mortgage and Housing Corporation, Québec, June 1, 1993. 359. Q.S. 1990, c. 34 (quotation; see part 3: document no. 24); see also the preamble of An Act respecting the process for deter- mining the political and constitutional future of Québec, Q.S. 1991, c. 34, amend. by Q.S. 1992, c. 47 (See part 3: documents nos. 25 and 28). 360. Speaking notes for Gil Rémillard, Minister of Justice and Minister responsible for Canadian Intergovernmental Affairs, at the Canadian Bar Association Meeting in Whistler, February 24, 1992, p.6 (quotation; see part 2 of this document). 361. Q.S. 1990, c. 34 (quotation; the statute is reproduced in part 3, see document no. 24); see also the preamble of An Act respecting the process for determining the political and constitutional future of Québec, Q.S. 1991, c. 34 amend. by Q.S. 1992, c. 47 (See part 3: documents nos. 25 and 28).
83 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES
FROM 1936 TO MARCH 2001
obstacles to the free circulation of when we can very easily get along economic resources. We must look for with existing institutions? For example, ways that draw on intergovernmental the First Ministers’ Conference on the harmonization and joint consultation to Economy, as was stipulated in the develop the Canadian economic union. Meech Lake Accord, could be consti- The federal proposals of September tutionalized and supplemented by a 1991 are in this respect dispropor- permanent secretariat, which is already tionate compared to the objectives that in place and is responsible for prepar- are to be pursued. Specifically, the ing federal-provincial conferences. courts should not manage the economy We would thereby respect the prin- or intervene in the drafting or imple- ciples of executive federalism, which mentation of economic policy. Nor is one of the main characteristics of should federal authorities be given our Canadian Federation and which unlimited powers that could destroy the directly involves the provincial first powers of the provincial legislatures. ministers in the drafting of national Furthermore, do we need a new insti- policies, through federal-provincial tution, the Council of the Federation, conferences.362
362. Speaking notes for Gil Rémillard, Minister of Justice and Minister responsible for Canadian Intergovernmental Affairs, before a banquet of the Chambre de Commerce d’Anjou, Montréal, January 15, 1992, p. 10; speaking notes for Gil Rémillard at the Canadian Bar Association Meeting in Whistler, February 24, 1992, p.4-5 (See part 2 of this document).
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