Thank you, Mr. Speaker. I would like to report on behalf of the special committee on constitutional reform. Mr. Speaker, on behalf of the chairman and Members of our Legislature's special committee on constitutional reform, I would like to provide to the House our preliminary review of the report released on Sunday afternoon by the joint parliamentary committee, which is more commonly called the Beaudoin-Dobbie committee.
The Beaudoin-Dobbie report is 130 pages long and contains recommendations on the broadest package of constitutional reforms in Canada's history. For this reason our committee's comments today will be brief, saving for another day a more detailed analysis.
The parliamentary committee recommends, among other things, an amendment to the Constitution of Canada which recognizes the inherent right of aboriginal people to self- government within Canada. This is of enormous importance and would represent a key achievement in an area where the aboriginal rights conferences between 1983 and 1987 failed.
Included in the proposal is a commitment by federal, provincial and territorial governments to negotiate treaties, agreements or other arrangements by which self-government may be realized. Implementation of self-government will be through amendments to the Constitution of Canada, through laws of Canada, the provinces or territories, with constitution entrenchment clearly contemplated. These proposals appear to be headed in the right direction, but we would obviously want to hear the responses of the national aboriginal organizations as well as the spokespersons for parallel processes such as the Royal Commission on Aboriginal Affairs.
One aspect of self-government which is not addressed in the recommended amendments to the constitution relates to the resource needs of self-governments, either through a land base, powers of taxation, equalization and so forth.
Amending Formula For Establishing New Provinces
Mr. Speaker, another constitutional matter of fundamental importance to the Territories is the amending formula as it relates to the establishment of new provinces from existing Territories. As you know, prior to 1982 this was a matter for Parliament and the territory concerned. Amendments were made in 1982 despite strong objections from the Territories, and an amending formula was entrenched which required the approval of two thirds of the provinces could be formed. The beaudoin-Dobbie report discusses the amending formula in relation to the desire of Quebec to have a veto over fundamental changes to the Constitution.
The committee proposes five different approaches, none of which are entirely satisfactory to the Territories. It also refers to remarks made by Premier Penikett of the Yukon and how he is prepared to contemplate the creation of new provinces which are not initially part of what he calls "the amending formula club."
Mr. Speaker, as Members know, there are six different existing amending formulas. Some provinces want to be able to control the creation of new provinces, as they believe increasing the number of provinces will affect the voting patterns in the so-called "seven and 50" formula. Also, some provinces would be concerned if a new, sparsely populated province in the North could veto future constitutional amendments in the range of matters currently covered by the unanimity formula.
We believe there are parts of the existing amending formulas that a new province should be able to exercise because they do not affect existing provincial constitutional rights or powers;for example, where an amendment only affects a new northern province. There are alternatives to address any legitimate concerns in those other parts of the amending formula where provinces show that their rights or powers would be affected by the creation of new provinces. A special committee will be developing some of these alternatives for our government to pursue.
A third major area worth noting in the parliamentary committee's report concerns participation of territories in what I might call "the processes of confederation." We are pleased to note the consistent inclusion of territories in the recommendations respecting the social covenant and the economic union, the common market clauses and the nomination of candidates for appointment to the Supreme Court of Canada.
With that in mind, we must note the fact that the Beaudoin/Dobbie committee proposal for yearly First Ministers' conferences on the economy and social matters does not expressly provide for territorial participation. We believe our case for being there is a good one, so your special committee and the Government Leader and Ministers will continue pushing for full territorial participation in the process in the weeks and months ahead.
In recent months our Government Leader and Minister of Finance have consistently been invited to participate in First Ministers' meetings and conferences on the economy. Last week the Prime Minister wrote to Ms. Cournoyea asking her to name a delegation to meet in Ottawa on March 11th and 12th with the Hon. Joe Clark and provincial Ministers to discuss the next steps in the "renewed Canada" process. As Members well know, the Beaudoin-Dobbie report is just one such step among many ahead of us.
In summary, then, Mr. Speaker, our preliminary review of the report and recommendations of the joint parliamentary committee makes us generally optimistic that they are on the right track in some key areas and that we need to work through the report more comprehensively as it touches on other matters of enormous impact on those regions of the country, such as ours, which benefit from a strong central government able to provide equalization or transfer payments to ensure that we can meet the basic needs of all our citizens. Thank you, Mr. Speaker.
Motion To Adopt Committee Report 4-12(2), Carried
I move, seconded by the honourable Member for Deh Cho, that the report of the special committee on constitution form be received by the Assembly and adopted. Thank you.
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