Mr. Speaker, the Charlottetown Conference also provided First Ministers and aboriginal leaders with the opportunity to discuss proposals for ratification of the constitutional reform package and related issues, such as completion of legal texts, which must be concluded in advance of ratification.
In the three week period which followed the Charlottetown Conference, multilateral meetings of officials from governments and aboriginal organizations were held to confirm the approach which would be taken on both matters. The following provides a summary of decisions and progress made to date.
On preparation and approval of legal texts, during the week of September 7 to 11 officials considered drafts of the legal text, which translate the recommendations of the Consensus Report into the wording that would appear in the constitution following formal ratification by provincial legislative assemblies and Parliament.
National And Provincial Referenda On The Constitutional Package
The legal text is crucial to all participants in the reform process because it must accurately reflect the substance of decisions made during the multilateral conferences and First Ministers and aboriginal leaders negotiations. The legal text, assuming it is complete and available, must also stand up to the scrutiny, which the constitutional reform package will receive from both proponents and opponents in the period leading up to the national referendum on October 26 and eventually, formal ratification by provincial legislatures and Parliament.
On national and provincial referenda on the constitutional package, following the failure of the Meech Lake Accord in June 1990, the Quebec National Assembly passed legislation which would require a provincial referendum on Quebec's political and constitutional future in Canada by October 26, 1992. During 1991, Alberta and British Columbia also passed legislation which would require a provincial referendum prior to formal consideration of a constitutional amendment resolution in their legislative assemblies.
On June 23, 1992, assent was given to a federal Act to provide for referendums on the Constitution of Canada. At the time, the federal government maintained that its preference was not to use the referendum instrument, which would be non-binding, to gauge public opinion on proposals for constitutional reform. Rather, it would only be activated if multilateral negotiations failed to reach a consensus which all participants could support.
While other provinces, including Saskatchewan and Newfoundland, gave consideration to provincial referenda on constitutional reform proposals, the general view was that they were to be avoided because of the potential for creating even further divisions within some provinces and between provinces or regions. The worst case scenario of how to deal with a package, which was rejected by some or all of the provinces and/or regions, also contributed to the uncertainty about the effectiveness of national and provincial referenda.
However, circumstances began to change when a consensus was reached in Ottawa on August 22, following the First Ministers' - Aboriginal Leaders' Constitutional Conference in Charlottetown. On September 3, the Prime Minister announced that the federal government would be proceeding with a national referendum on the constitutional package on October 26.
The Prime Minister's announcement came one day after Premier Bourassa stated his intention to proceed with an October 26 Quebec referendum on the constitutional reform package. The Government of Alberta has indicated that it is prepared to let the referendum be held under the auspices of federal as opposed to provincial legislation. British Columbia has not yet made a formal decision on whether to proceed with its own referendum or follow the example of Alberta.
In all other provinces and territories, the referendum will be conducted under the federal legislation. Preparation for the vote, which include all of the tasks normally associated with a federal election, are being coordinated by the Chief Electoral Office of Canada who must have everything in place by September 23. In addition, Elections Canada will conduct an extensive information campaign to inform Canadians of the referendum question and regulations governing the referendum.
The question which the federal government is proposing that Canadians answer on October 26 is:
Do you agree that the Constitution of Canada should be renewed on the basis of the agreement reached on August 28, 1992?
Parliament will be reconvened September 8 for one week to debate the question related to referendum issues. It is not expected that Parliament will reconvene until after the referendum vote, in order to provide Member's with the maximum opportunity to campaign in their constituencies.
National Constitutional Reform Referendum Campaign
The federal act establishes a complex regime of committees which must be established for the purpose of funding campaigns for or against the referendum question. Elections Canada will provide detailed information on the regulations governing the committees which must be registered.
While details on the role of provincial and territorial governments and aboriginal organizations in the referendum campaign have yet to be announced, the following provides a summary of the federal government's approach:
-the Public Affairs Branch of the Office of Federal/Provincial Relations has been designated as the agency responsible for referendum communications activities and logistics including:
-developing an disseminating communications products which inform Canadians about, and explain, the Consensus Agreement on the Constitution;
-supporting the Government of Canada, Members of Parliament and Senators;
-encouraging individual Canadians, groups and associations to participate in the referendum;
-exploring means of coordinating and/or harmonizing federal government activities with those of the key players, including provincial and territorial governments and aboriginal organizations; and
-establishing temporary regional logistics offices in each province and territory to provide logistical support for the public affairs branch and distribute documents and information.
A decision has not been made on the location of a Northwest Territories office, or the Senior Regional Territorial Advisor who will be responsible for its operation.
At the political level, First Ministers and aboriginal leaders made a commitment in Charlottetown to assist each other in promoting and explaining the Consensus Report during the referendum period, and generally encouraging Canadians to vote in support of the reform package.
Federal, Provincial, Territorial, Aboriginal Ratification Processes
There are essentially two approaches to ratifying the constitutional reform package. In the first stage, as outlined above, Canadians will be asked to vote in a referendum based on the Consensus Report. However, the National Referendum will not be sufficient ratification, by itself, to allow amendments to the Constitution.
In the second stage of ratification, the Constitution requires that Parliament, and the appropriate number of legislatures of the provinces, pass constitutional resolutions approving the actual legal text that is to be included in the Constitution. Some amendments will require resolutions of Parliament and two thirds of the provincial legislatures representing 50 per cent of the population of all the provinces. Other amendments will require resolutions of Parliament, and all then provincial legislatures.
The final legal text will have to be agreed upon by federal, provincial, and aboriginal leaders before this second stage of ratification can proceed.
To date, aboriginal organizations have not established a formal ratification process to obtain support from their membership. The Assembly of First Nations is planning a Chief Assembly where a vote will be taken on the Consensus Report. The results of this vote, plus a special vote taken by individual bands, will provide the position on the reform package. The Inuit Tapirisat of Canada have not yet decided whether the Inuit vote from the National Referendum will be binding on the I.T.C. leadership. The Native Council of Canada and the Metis National Council did not have formal ratification plans at the time this report was prepared.
While the national aboriginal organizations do not yet have a formal amending formula vote for changes to the Constitution, there is general agreement that no amendments directly affecting aboriginal peoples will be passed without their consent. No such commitment exists for the territorial legislatures which also do not have any formal role in the constitutional amendment process.
Conclusions - Implications For The N.W.T.
While the Consensus Report represents a remarkable achievement for the governments and aboriginal organizations that were mandated with negotiating the reform package, the next few weeks will be crucial in terms of generating understanding and support for the package among Canadians, and the political will for formal ratification of the constitutional amendments by Parliament, provincial legislatures and aboriginal organizations.
These revisions to the Constitution and others which are contemplated through future negotiations on the Canadian Common Market, federal spending powers and aboriginal issues will fundamentally change the approach to governing this country. They will also bring about some fundamental changes in the approaches being developed for government in the Northwest Territories.
Recognition of the inherent right to aboriginal self-government will provide Dene, Metis, Inuvialuit and Inuit the means to develop their own institutions of government; create public institutions which better reflect aboriginal interests and objectives; or both.
The role which territorial governments have played at the national level for the past decade will be formalized and, while additional jurisdiction and constitutional status has not been conferred through constitutional amendments, territorial governments and legislatures will have additional opportunities to shape the national agenda through participation at future meetings on constitutional, economic, and aboriginal matters.
Whether or not territories choose to pursue provincial status in the coming decades, the terms for achieving this objective will be more favourable than those in the existing Constitution or contemplated under the Meech Lake Accord. While there is no guarantee that Parliament will automatically create a new northern province, eliminating vetoes by provincial governments means that emerging provinces can use creative, new approaches to designing governing institutions which are not the accepted norm among existing provinces in southern Canada.
Much work remains to be done on constitutional amendments which will create a common market in Canada and influence the way in which the federal government provides financial support for programs in areas of provincial jurisdiction. In both cases, future negotiations will be crucial in establishing arrangements, which provide for government intervention to develop the northern economy, and maintain a strong federal presence in programs which are vital to the delivery of programs and services to northern residents.
Last, Northwest Territories residents will be electing one representative to a reformed Senate. The real impact of this new institution on the operation of the federal government remains to be seen; however, it must be understood that a primary role of the reformed Senate will be to represent the interests of the developing regions and smaller jurisdictions of Canada in relation to those of central Canada. That is why the special committee decided early on in the constitutional negotiations process to support an equal Senate.
In conclusion, the Northwest Territories has made significant gains in the current constitutional round.
Based upon these achievements, and the constitutional expertise, which northern governments and aboriginal peoples have developed over the past two decades, the special committee believes that we are well placed to take advantage of these achievements, and conclude new political and constitutional arrangements consistent with the fundamental laws of Canada, and aspirations of northern residents.
Recommendations
As noted above, the constitutional reform process is now entering another phase which involves a combination of federal and provincial referendum on the Charlottetown Consensus Report. Given that the campaign will take place across Canada, and has special meaning for the aboriginal peoples of the north, the Legislative Assembly, through its Special Committee on Constitutional Reform, should maintain a presence throughout the crucial period leading up to the October 26 referendum.
Recommendation one: That the Legislative Assembly formally endorses the Consensus Report on the Constitution concluded in Charlottetown on August 28, 1992.
Recommendation two: That the Special Committee on Constitutional Reform conduct a public information campaign prior to the referendum which would outline the Consensus Report's contents and identify the implications of the reform package for the Northwest Territories.
While the referendum process has a special significance for the future of Canada and contributing to ratification of achievements like aboriginal self-government, the fact remains that much more work is required to finalize many details of the reform package. This work has both national and territorial implications and encompasses almost all elements of the reform package.
Recommendation three: that the special committee review its mandate in light of developments to date and report back to the Legislative Assembly during the November session with recommendations for ongoing involvement in the constitutional reform process.
Motion To Move The Report Of The Special Committee On Constitutional Reform Into Committee Of The Whole
Mr. Speaker, that concludes the Report of the Special Committee on Constitutional Reform. Therefore I move, seconded by the honourable Member from Deh Cho that the Report of the Special Committee on Constitutional Reform be received by the Assembly and moved into the committee of the whole for discussion. Mahsi.