Thank you, Mr. Chairman. I would like to thank my colleagues as well for allowing me to ask these questions. I wanted to ask some questions on the process that was outlined because Bill 25 has a preamble, and you're saying that we will deal with it after dealing with all the clauses. But I wanted to ask these questions upfront.
It was to deal with the Canadian Constitution of 1982. I'm interested in a number of sections in the Constitution: section 15; 22; 23; 25; and, 35. In these different sections, just for the record, I wanted to ask that these sections deal with quality rights. Section 15 states that every individual is equal under the law and has the right to protection and equal benefits of the law under discrimination; in particular, without discrimination based on race, national or ethnic origins, colour, religions, sex, age, or mental or physical disability. Subsection (1) does not preclude any law, program or activity that has as its objectives the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability. That's one section under the equality rights.
The next section is the official languages of Canada. Section 22 states that nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed, either before or after the coming into force of this Charter, with respect to any language that is not English or French. That is the area that I'm interested in.
The other one is under the minority language educational rights, in section 23. Citizens of Canada;
-whose first language learned and still understood is that of English or French linguistic minority population of the province in which they reside;
-who have received their primary school instruction in Canada in English or French; and,
-reside in a province where the languages in which they received that instruction is the language of the English or French linguistic minority population of the province;
had the right to have their children receive primary and secondary school instruction in that language in that province.
Section 25, aboriginal rights and freedoms not affected under Charter. The guarantee in this Charter of certain rights and freedoms shall not be construed as to abrogate or derogate from any aboriginal treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada, including:
(a)the rights of freedoms that have been recognized by the Royal proclamation of October 7, 1763; and
(b)any rights of freedoms that now exist by way of land claims agreements or may be so acquired.
I'll go on to section 35; that the existing aboriginal treaty rights of the aboriginal people of Canada are hereby recognized and affirmed. In this act, aboriginal people of Canada include Indian, Inuit and Metis peoples of Canada.
Have the legal people for the Legislative Assembly examined these sections in the Canadian Constitution of 1982 to see whether this new Education Act is contrary to these sections in the Canadian Constitution? Thank you.