Mr. Speaker. I am very proud, on behalf of the Special Committee on Constitutional Reform, to present this report today on the "Multilateral Meetings on the Constitution and First Ministers'-Aboriginal Leaders' Conferences on the Constitution." This report will outline the events leading to what has become known as the "Charlottetown Agreement".
Introduction
Mr. Speaker, on June 16, 1992 the special committee tabled report 10-12(2) respecting the Multilateral Meetings on the Constitution which, at the time, had failed to produce a "best efforts" constitutional reform package for further consideration by First Ministers and aboriginal leaders.
Despite these circumstances, there was general agreement among all participants that the Multilateral Meetings on the Constitution process have achieved substantial progress on a number of issues. This includes recognition of the inherent right to aboriginal self-government; a return to pre-1982 arrangements for the creation of new provinces; recognition of Quebec as a distinct society; division of powers between the federal and provincial governments; and, the Canadian social and economic union.
Senate reform was the major outstanding issue where agreement was not reached by the participants.
After a two week break, the Prime Minister met with Premiers and aboriginal leaders on June 28 and 29 in Ottawa, to review options for continuing the process. Premiers, aboriginal leaders and constitutional Minister Clark met in Toronto on July 3, and another formal negotiating round was convened in Ottawa on July 6 and 7.
The product, which is referred to as the Pearson Accord, was endorsed by all participants except the Government of Quebec, which was not present at negotiations, and the Prime Minister, felt that some elements of the package, such as an equal Senate, would not be acceptable to Quebec.
Following meetings with his provincial and territorial counterparts, including Premier Bourassa, and aboriginal leaders on August 4 and 10, the Prime Minister convened a formal First Ministers'-Aboriginal Leaders' Conference in Ottawa from August 18 to 22.
With the Government of Quebec formally present at the negotiating table, a provisional agreement was announced on August 22, subject to yet another First Ministers' Constitutional Conference in Charlottetown on August 27 and 28, to reconfirm decisions and discuss the issue of ratification by national and/or provincial referenda.
Further revisions were made to the reform package at, and following the Charlottetown conference. A final version entitled Consensus Report on the Constitution was formally released to the public on September 3, 1992. It contains recommendations for amendments to the Constitution, and the objectives of a number of political accords.
The accords will be required to address non-constitutional matters or issues where agreement on a constitutional amendment could not be reached through negotiation. The political accords do not have the same enforceable status as the constitutional amendments. The Consensus Report is attached in appendix one.
In total, First Ministers, Ministers, aboriginal leaders and their delegations met in eight different Canadian cities from March 12, when the process began, to August 28, when it was concluded in Charlottetown. The records show that 36 days were formally devoted to the constitutional negotiation process.
However, this figure in no way represents the total amount of time devoted to this initiative by all delegations, nor does it reflect the approach to negotiations which involved simultaneous meetings, involving four working groups of officials, and taking place at the same time as separate sessions of ministerial and aboriginal leaders. The Consensus Report provides more detail on the meeting schedule for the last six months.
During the early stages of the process, the Northwest Territories' delegation normally consisted of the chairman and the officials of the Department of Justice, Finance, Intergovernmental and Aboriginal Affairs. The Premier joined the delegation for talks by First Ministers and aboriginal leaders in July and August. Special committee Members participated in the last four sessions, and most of the First Ministers' - Aboriginal Leaders' Meetings, assisting at the negotiating table, providing timely advice to the Premier, myself as chairman, and the government officials, contributing to decisions and key policy matters. The presence and effective participation of the premier, committee chairman, committee members, and support staff, at all the First Ministers'-Aboriginal Leaders' Meetings, are reflected throughout the reform package, recommendations noted, in this report.
The purposes of this special Committee report are to:
1. Review recommendations from the Consensus Report produced by the M.M.C. and First Ministers'-Aboriginal Leaders' processes, and so far as they relayed to the special committee's national constitutional reform objectives;
2. Identify the options for how the reform process could unfold in the coming months, including national and/or provincial referendum, and ratification of constitutional resolutions by federal or provincial governments, and aboriginal organizations; and
3. Offer conclusions and recommendations to guard the Legislative Assembly and the special committee on this matter in the coming months.
Mr. Speaker, this special committee's national constitutional reform objectives.
Special Committee's National Constitutional Reform Objectives
Throughout the M.M.C. process, and more recently, First Ministers' - Aboriginal Leaders' Constitutional Conferences, the special committee has been guided by its April 1, 1992 interim report, which recommended that the Northwest Territories' participation should focus on the following issues:
1. Territorial participation, public and private meetings, and conferences on constitutional, economic, and aboriginal matters;
2. Strive for constitutional recognition of the inherent right to aboriginal self-government;
3. Improve on the effects of the constitutional amendment formula and provincial status for the territories;
4. Work for the positive implications for the territories of the Canadian economic union proposals, and mechanisms for the decentralization of the federation; and
5. Seek positive constitutional amendments relating to the institution, such as the Senate, and the Supreme Court of Canada.
The following provides an overview of the Charlottetown Consensus Report. Recommendations in so far as they reflect the objectives recommended in the Special Committees April 1, 1992, interim report.
Territorial Participation In Constitutional, Economic And Aboriginal Meetings
Mr. Speaker, with respect to territorial participation, in future constitutional economic and aboriginal meetings, the consensus meetings recommend the following:
1. The constitution should require the Prime Minister to convene a First Ministers' Conference at least once a year. A political accord should specify that territorial governments will be invited to participate.
2. Territorial governments should also be invited to the series of four constitutional conferences which will be convened on aboriginal issues.
3. Territorial governments should be party to all agreements which commit governments to negotiate self-government agreements and processes to clarify and implement treaties. In addition, they should be party to the transition/implementation process and financing accords which would accompany the constitutional amendments on these matters.
The Consensus Report also recommends that separate First Ministers' Conferences be convened in the future, to further define the Canadian economic union and common market provisions of the Constitution and establish a framework to guide the use of federal spending power in all areas of exclusive provincial jurisdiction. Given the implications of these issues as outlined later in this report, territorial participation at the Conferences is essential. Participation of territorial governments at the First Ministers' Conferences will be clarified through the political accord instrument noted above.
Furthermore, and depending upon the circumstances, the Consensus Report recommends that references to territories, territorial legislature and territorial governments are required in sections of the Constitution which deal with governments' responsibilities for the social and economic union of Canada and intergovernmental agreement respecting the division of power.
While these references do not constitute an increase in the constitutional authority or status of territories and their current institutions of government, they do recognize the role which northern governments play in federal/provincial relations and executive federalism.
Mr. Speaker, I would now like to ask now Mr. Gargan, to continue with the report.
Constitutional Recognition Of The Inherent Right to Aboriginal Self-Government