Government of Jacques Parizeau

Home , Jacques Parizeau, Jean Campeau, Jean Rochon, Louise Beaudoin, Pauline Marois, Robert Bourassa

QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES

FROM 1936 TO MARCH 2001

GOVERNMENT OF the negotiation of this partnership, JACQUES PARIZEAU subject to a decision otherwise by the (SEPTEMBER 26, 1994 TO JANUARY 29, 1996) Québec National Assembly. The Bill authorized the National As- sembly to proclaim the sovereignty of Québec once it would have approved the partnership treaty or, upon obtain- ing notification from the orientation e nationale é and supervision committee for negotiations, once it would have realized that such negotiations would lead nowhere. The offer to Canada of an economic and political partnership was to be

ric Parizeau based upon the three-party agree- Source: Collection Assembl É ment of June 12, 1995 between three ••• Status of Québec political parties: the Parti québécois, 352.Québec’s project for accession to sover- the Bloc québécois and the Action eignty along with an offer for a new démocratique du Québec. This agree- economic and political partnership ment involved the proposing of a with Canada.373 treaty to Canada that would have provided appropriate measures for The government of Jacques Parizeau maintaining and improving the exist- was elected on a platform of holding a ing economic space, establishing rules referendum on the accession of Québec for the division of federal assets and to sovereignty. On December 6, 1994, management of the common debt, the government unveiled a draft bill creating joint political institutions on the sovereignty of Québec that was required to administer the economic submitted to the general consultation and political partnership. of all Québec regions via the commissions on the future of Québec. The three-party agreement stated the priority sectors where a treaty would Following the report of the National have to ensure that the partnership has Commission on the future of Québec, the authority to act: customs union, free the government made public Bill 1 movement of goods, free movement of entitled An Act respecting the future individuals, free movement of services, of Québec (hereafter, the Bill) that free movement of capital, monetary was submitted to a referendum on policy, labour mobility and citizenship. October 30, 1995. The Agreement also evoked the pos- The Bill provided that Québec’s accessibility—with some examples—that sion to sovereignty be preceded by a members would be free to make formal offer of economic and political agreements in other areas of common partnership with Canada. A one-year interest. Lastly, the offer was to include maximum deadline was provided for the creation by treaty of joint political

373. This paragraph presents a synthesis of the government project (See the bill and the three-party agreement forming the basis of this project in part 3: document no. 30). See also the address to the nation delivered by Jacques Parizeau on October 1, 1995 reproduced in part 2 of this document.

88 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES

FROM 1936 TO MARCH 2001

institutions needed for administering Agreement sounded Canada’s refusal the partnership, specifically the creation in recognizing—albeit symbolically— of a council, a secretariat, an assembly our difference. As of today, the basic and a tribunal for resolving disputes. law of Canada does not recognize Québec as a nation, a people or even As regards Québec’s accession to as a distinct society. A sad state of sovereignty, the Bill provided constitu- affairs. [...] tional provisions, especially regarding the drafting of a new Québec consti- Three years ago, united as never tution by a constituent commission to before in the Bélanger-Campeau com- be ultimately submitted to the people mission on the future of Québec, feder- of Québec for approval by referendum. alists and sovereigntists agreed on a The Bill lays down various constitu- common strategy and speaking as one, tional provisions, among other things, they rejected the present Canadian guarantees regarding the rights of the regime. Federalist members of the English-Speaking Community and the Commission wanted to give Canada one aboriginal nations. last chance for an in-depth renewal, failing which full sovereignty for Québec The Bill included other information deal- would then be proposed to Québecers ing with the various terms of Québec’s in a referendum. accession to sovereignty: territorial in- tegrity, citizenship, legal tender currency, The scenario played itself out inexora- treaties, international organizations bly. Two years ago, the Charlottetown and alliances. Lastly, it stipulated accord was submitted to the electorate transitional provisions. On October 30, and was beaten, both in Québec and in 1995, the No option carried the day Canada. [...] That was to be Canada’s with a result of 50.58 % and the Yes last chance. [...] option obtained 49.42 %.374 The more time goes by, the more the 353.Jean Lesage called on us to be “Masters Canadian majority is determined to in our own Home,” Daniel Johnson act as though there is but one nation Sr. wanted “Equality or independence,” in Canada, as though all provinces Robert Bourassa proposed the “Distinct are equal. [...] With the passing of Society.” One after another, our at- time, decisions we wish to make as tempts to expand or just to preserve Quebecers will increasingly be blended Québec’s autonomy within Canada into the great Canadian rush for unifor- have run into increasingly firm rebut- mity. This is the Canada of tomorrow. tals from our neighbours. Do we want to be a part of it? Twelve years ago, Pierre Trudeau’s [...] unilateral patriation dwindled the [There must be] something. That some- National Assembly’s powers against thing is sovereignty! But sovereignty our will, with a Constitution that that belongs to Quebecers from all Québec has never signed. Four years regions, all social, linguistic, cultural ago, the death of the Meech Lake and political origins.375

374. See Directeur général des élections du Québec, Référendum 1995. Rapport des résultats officiels du scrutins, 1995, p. 49 (an extract from this Official Report and the resolution of the Québec National Assembly on the referendum question are reproduced in part 3: document no. 31). 375. Message by the Prime Minister Jacques Parizeau at the time of the publication of the draft bill on sovereignty and the announcement of the commissions on the future of Québec, December 6, 1994, p. 3-4.

89 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES

FROM 1936 TO MARCH 2001

••• Constitutional reform process the following ministerial statement on manpower adjustment and voca- The impossible in-depth reform of Canadian federalism: See paragraph 364. tional training: • Québec must have sole responsi- ••• Distribution of powers bility of the manpower adjustment a) Sectorial jurisdictions and vocational training policies within its territory and, consequent- 354.In the field of health care, not only ly, must repatriate the moneys that has Ottawa stepped into a sector of the Federal Government allocates exclusive provincial jurisdiction, but to Québec for these programmes; each of its initiatives goes against the will of the provinces with frequent • In the current constitutional con- harmful consequences regarding these text, and in view of offering better provinces’ orientations. Québec beckons services to its clientèle, Québec the other provinces to put pressure must regain the control and the on the federal government so that it administration of the different ceases to encroach upon the health services pertaining to employment care sector. As for Québec, it intends and to manpower development and to fully assume its exclusive power and of all of the programmes that are responsibilities in this field, all the likely to be financed by the unem- while especially preserving its prerog- ployment insurance funds on the ative for defining what is “medically territory of Québec for this purpose, necessary” for the purposes of the and must accordingly receive the insured services. With regard to health sums that normally are attributed care services, the provinces do not have for taking over such responsibility; to ask Ottawa for any orientation what- soever; it is the provinces’ responsibility • The Government of Québec and the to offer their respective citizenries the representatives of the employers, the health services that they are entitled unions and the cooperative sector to expect. It therefore becomes obvious intend to oppose any initiative on that the federal government must the part of the Federal Government withdraw from this sector into which that would constitute interference it is contributing less and less, and in Québec’s fields of jurisdiction. where its actions do not in any way And that, consequently, it request improve accessibility to Canada’s health that the Government of Québec and care services.376 the Minister of Employment immedi- The Financing of Health Care and Social Programs: ately commence formal discussions with See also paragraphs 362, 365 and 366. the Federal Government in order to 355.That the National Assembly reaffirm ensure that this consensus and the the consensus voiced […] on 13 De- promotion of the interests of the cember 1990 and communicated in population of Québec are respected.377

376. Communiqué from the staff of Jean Rochon, Minister of Health and Social Services, Interprovincial Conference of Health Ministers, Vancouver, April 11, 1995. 377. Unanimous resolution of the Québec National Assembly dated December 4, 1995 (quotation).

90 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES

FROM 1936 TO MARCH 2001

356.Considering the failure of federal admin- capacities and that Québec’s areas of istration over ground fish harvesting, jurisdiction are respected in agree- Québec demands the administration of ments between the federal government fisheries. The transferring of respon- and municipalities. The government of sibility proposed by Québec cannot be Québec neither can nor does it want to carried out within the framework of a take the federal government’s place in federal withdrawal aimed at reducing the role of financial support that the its operating costs. Rather it must be latter has always assumed, without accompanied with the transferring of first having the legislative, regulatory human and financial resources making and fiscal control over the field of it possible for Québec to take full respon- activity.381 sibility for the future development of its 360.Québec demands the regulatory, leg- 378 fisheries industry. islative and fiscal powers that will 357.The fact that the federal government enable it to assume the passing of legislates in the field of clearing cor- responsibilities and infrastructures in porations, especially when applied to maritime transport.382 securities, constitutes an encroachment on an area of exclusive provincial juris- Transportation: See also paragraphs 374-376. diction that Québec cannot accept. 361.Federal intervention in housing is an This sector of jurisdiction has in fact encroachment in a field of provincial been continuously and vigorously pro- jurisdiction. The federal government tected by all the successive governments has imposed an inflexible approach of Québec.379 to intervening in housing. It has also 358.Québec does not share the viewpoint subjected its financial participation to expressed in the parliamentary task numerous administrative rules, objec- force report on the commercialization tives and Canada-wide criteria that of Canadian National in which local make the planning of actions difficult interest railways should come under in the Québec context. The presence of federal authority. Québec has already the federal government in this sector made proposals to the other provinces of activities has created many admin- for harmonizing their regulations istrative overlaps that cause additional regarding such railways.380 costs and that detract from the coher- 359.As for its airports, Québec must ensure ence of the interventions.383 that municipalities do not accept charges that are heavier than their financial Housing: See also paragraph 368.

378. Communiqués from the staff of Marcel Landry, Minister of Agriculture, Fisheries and Food, Federal-Provincial Conference of Fisheries ministers, Victoria, November 1, 1994, nos. 1 and 2. Communiqué no. 2 gives the most detailed information on the Québec proposal. 379. Letter from Jean Campeau, Minister of Finance, to Paul Martin, federal Minister of Finance, Québec, August 14, 1995 (quotation) [Translation]. 380. Letter from Jacques Léonard, Minister of Transportation, to Douglas Young, federal Minister of Transportation, Québec, April 10, 1995. 381. La politique du gouvernement du Québec en matière d’infrastructures aéroportuaires, ministère des Transports, December 6, 1995, p. 10. 382. Communiqué from the staff of Jean Campeau, Minister of Transportation, regarding federal maritime policy, Québec, December 14, 1995. 383. Government of Québec, Coûts du fédéralisme pour le Québec dans le domaine de l’habitation, an analysis made by the Société d'habitation du Québec, September 1995, p. 21.

91 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES

FROM 1936 TO MARCH 2001

b) Unilateral powers ••• Intergovernmental policy 362.The most detestable federal disengage- a) Conducting intergovernmental relations ment in the financing of social programs 364.The issue of Québec’s participation in is that the federal government main- Canadian intergovernmental confer- tains its national standards in health ences fits into the following frame of care and seeks to impose new ones in reference: other social programs.384 • Québec intends on maintaining with Federal actions and the financing of social programs: the federal government those rela- See also paragraphs 365-366. tionships needed for the proper

Federal initiatives in housing: See paragraph 361. operations of both governments, while heeding their respective ••• Language rights jurisdictions. 363.We have pledged [...] to enshrine in the • The interests of the people of Québec Constitution, in clear, unambig- Québec will serve as an essential uous terms, the right of our English guide for the government’s actions citizens to English schools, from kinder- whose objective is not to paralyze garten to university; the right for the the federal system, nor to demand English communities to control these an in-depth reform since it is obvi- schools. The right to have access to ous since Meech and Charlottetown courts and the Québec National Assem- that this is impossible, but to find bly in English. It is obvious to us that its way by accessing full political the English Community must be a sovereignty. party to the elaboration of the Consti- The active presence of Québec will be tution of a sovereign Québec. And a ensured by participation at ministe- formula has to be found to ensure that, rial level in conferences or meetings from then on, no constitutional changes dealing with shared jurisdictional affecting that community shall be made issues. Other cases will be handled without their consent. Also we want on a case-by-case basis by the to continue ensuring by law the right government. Generally speaking, to have medical care in the English without practicing the empty chair language. When we will patriate our policy, Québec will not participate share of the CBC, we will maintain actively on the ministerial level in public TV and radio service in English.385 conferences whose themes involve

384. Communiqués from the staff of Pauline Marois, Minister of Finance, Minister of Revenue and Minister responsible for the Family, Press Conference, Québec, December 12, 1995, no. 1. 385. A Frank Talk Between Neighbours About the Present and the Future. Speaking notes for Jacques Parizeau before the Canadian Club, Toronto, November 22, 1994, p. 9-10 (quotation; see also Bill 1, An Act respecting the future of Québec reproduced in part 3: document no. 30).

92 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES

FROM 1936 TO MARCH 2001

its exclusive power; generally, a social programs and that it transfer member of the civil service will the tax points to Québec that it uses represent Québec as a technical to finance its actions in this sector. participant or an observer. This demand constitutes a concrete Furthermore, Québec intends on answer to the problem of endless cuts 388 participating actively in conferences in federal transfers.

or meetings whose agenda will Federal disengagement and the need for a include the reviewing of issues corresponding transfer of resources: See also paragraphs 356, 359, 360 and 376. linked to opening markets or the “continentalization” of various 367.A greater harmonization of sales activities. taxes in Canada must not be carried Québec also intends on assessing out at the price of a loss of fiscal auton- the timeliness of its participation omy for Québec. For the government in conferences in light of their effi- of Québec, fiscal autonomy is a fun- ciency.386 damental question both regarding consumption tax as well as other areas b) Financial aspects of federalism of taxation, and it will never be aban- 365.As regards social issues, Québec beckons doned. Discussions surrounding the the provinces to more firmly oppose sales tax system should provide the the federal government’s reductions for opportunity for broadening the debate the financing of established programs on the sharing of fiscal sectors between by emphasizing that this unrealized the federal government and the prov- gain should be compensated by the inces, especially considering the re- transferring of tax points.387 sponsibilities attributed to both levels 366.During the 1960s and 70s, the federal of government.389 government incited the provinces to 368.Québec has on the whole received, set up health care, social assistance from federal action in housing, finan- and post-secondary education pro- cial benefits far lower than the share grams by offering to share the expenses it should have received.390 50-50 with them; today the same c) Aboriginal Nations federal government is washing its hands of such commitments. Québec 369.In the 1970s, Québec was the first considers the current arrangement province in Canada to sign a modern for financing social programs by the treaty with some of its Aboriginal federal government to be unacceptable. Communities. In the 1980s, Québec was It demands that the federal govern- the first province to recognize that ment withdraw from the financing of Aboriginal Peoples constitute distinct

386. Declaration by Louise Beaudoin, Minister responsible for Canadian Intergovernmental Affairs, regarding Québec's participation in Federal-Provincial Conferences held since the election of the new government of Québec, Winnipeg, October 5, 1994. 387. Communiqué from the staff of Jean Rochon, Minister of Health and Social Services, Interprovincial Conference of Health Ministers, Vancouver, April 11, 1995. 388. Communiqués from the staff of Pauline Marois, Minister of Finance, Minister of Revenue and Minister responsible for the Family, Press Conference, Québec, December 12, 1995, nos. 1 and 2. 389. Statement by Jean Campeau, Minister of Finance, press release from the government of Québec, Federal-Provincial Conference of Finance Ministers, Toronto, October 14, 1994. 390. Government of Québec, Coûts du fédéralisme pour le Québec dans le domaine de l’habitation, (executive summary) an analysis made by the Société d'habitation du Québec, September 1995, p. 2 (quotation) [Translation].

93 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES

FROM 1936 TO MARCH 2001

nations within Québec. During the areas that are most favourable for 1990s, Québec also intends on pursu- the establishment of linguistic soli- ing this pioneering process by granting darity, namely through culture and Aboriginal Peoples a large measure communications, education and the of governmental autonomy. We make economy. the commitment in this respect to allow For the implementation of Québec’s the Aboriginal Peoples of Québec to policy, various means of concertation be just as, if not more, responsible for are planned: their own development as any other a) Sectorial liaison tables on culture group of Aboriginal Peoples in North and communications, education and America.391 the economy. The tables are com- d) French-Speaking and Acadian posed of experts in these sectors. Communities of Canada b) A Triennial Concertation Forum. 370.Québec sovereignty does not mean The government of Québec takes that we will turn our backs on fellow the initiative for holding a large francophones elsewhere in Canada. gathering of members of the On the contrary, in acquiring the status French-Speaking and Acadian of a sovereign state, we will have spe- Communities and Quebecers. It will be a place for exchanges, display- cific responsibilities towards them.392 ing achievements and promoting 371.Québec’s policy with regard to the French-Speaking gatherings. French-Speaking and Acadian Com- c) Regional concertation. The Québec munities of Canada forms a part of offices in Canada coordinate the the government’s determination to give regional concertation with French- a new start with regard to these com- Speaking and Acadian Communities. munities. To do so, the government of Québec intends on: d) Interministerial concertation. The Secrétariat aux affaires intergou- • promoting contacts between mem- vernementales canadiennes takes bers of the French-Speaking and charge of coordinating interminis- Acadian Communities of Canada terial activities related to French- and Quebecers; Speaking and Acadian Communities. • backing the pursuit of projects that e) The Financial Support Program for will bring about such exchanges; partners. This program provides • ensuring by the implementation of backing for partnership projects in liaison structures that government the fields of culture and communi- actions will stay in contact with cations, education and the economy. this new dialog. Moreover, in future intergovernmental To provide a new start for its actions, agreements, the government of Québec the government intends on promoting will favour bilateral cooperation activities

391. Opening speech by Jacques Parizeau, Prime Minister elect, at a press conference held on September 14, 1994, p. 9 (quotation) [Translation]; as regards government policy towards Aboriginal Peoples, see speaking notes for Prime Minister Jacques Parizeau at a dinner-meeting with Montagnais and Attikamek Chiefs, Beaupré, October 28, 1994; see also Bill 1, An Act respecting the future of Québec reproduced in part 3: document no. 30. 392. A Frank Talk Between Neighbours About the Present and the Future. Speaking notes for Jacques Parizeau before the Canadian Club, Toronto, November 22, 1994, p. 10 (quotation).

94 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES

FROM 1936 TO MARCH 2001

that fit in with the objective of revi- regard to railway companies under talizing French among French- its jurisdiction and to put a stop to the Speaking Communities.393 disorderly abandoning of the network, e) Trade which is progressing at the expense of Québec’s economic interests. Over the 372.Québec intends on participating active- short term, Québec want to avoid the ly in conferences or meetings whose premature destruction of important agenda will include the reviewing of transportation infrastructures and issues linked to opening markets or facilitate their transfer to other busi- the “continentalization” of various nesses under acceptable conditions.396 activities such as transportation or communications. Québec will contrib- 375.The basic railway grid must be defined ute its efforts to measures seeking to by each of the provinces and not by 397 ensure the proper operations of the the Canadian Transportation Agency. economic space that it shares with 376.Over the past years, Québec govern- other parts of Canada and to guarantee ments of all political colours have de- the greatest possible harmonization nounced federal disengagement from of this economic space with the largest social and economic programs. Today, economic groups—North America and the National Marine Policy is endan- GATT—which soon will become the gering the competitiveness of our World Trade Organization.394 businesses’ maritime system, river- 373.Québec insists in drawing the other oriented trade and the comparative provinces’ attention to the importance advantages of the St. Lawrence. When of emphasizing the mutual benefits finding a solution to its chronic problem from economic exchanges that take of financial incapacity is at issue, place in the Canadian economic space Ottawa seems totally devoid of imag- and it wants to further the advancement ination. Until now, the only solution of negotiations over the Agreement on adopted by Ottawa has been to stick Internal Trade.395 the provinces with the bill without f) Transportation providing them with the financial means to pay it.398 374.Québec beckons the federal government to assume its responsibilities with Transportation: See also paragraphs 358-360.

393. Government of Québec, Secrétariat aux affaires intergouvernementales canadiennes, Québec's policy towards the French- Speaking and Acadian Communities of Canada: a dialog, solidarity in action, 1995; Reinforcing solidarity around common interests, communiqué from the staff of Louise Beaudoin, Minister responsible for Canadian Intergovernmental Affairs, March 30, 1995. 394. Declaration by Louise Beaudoin, Minister responsible for Canadian Intergovernmental Affairs, regarding Québec's participation in Federal-Provincial Conferences held since the election of the new government of Québec, Winnipeg, October 5, 1994, p. 3. 395. The Prime Minister insists on the importance of internal trade, press release from the staff of Jacques Parizeau, 36th Annual Conference of Provincial First Ministers, St. John's, Newfoundland, August 24, 1995. 396. Veiller aux intérêts immédiats du Québec en préparant l’avenir. Speech by Jacques Léonard, Minister of Transportation, Meeting of Ministers responsible for Transportation and Highway Safety, Winnipeg, October 5, 1994, p. 3. 397. Letter from Jacques Léonard, Minister of Transportation, to Douglas Young, federal Minister of Transportation, Québec, April 10, 1995 (quotation) [Translation]. 398. Declaration from the staff of Jean Campeau, Minister of Transportation, regarding federal maritime policy, Québec, December 14, 1995.