Respecting Diversity
Language (Chapter 5)
1. The principle of the equality of status, rights and privileges of the English and French languages for all purposes declared by the Parliament of Canada, within its sphere of jurisdiction, should be entrenched in the constitution. These purposes should include:
2. Each provincial legislature should have the right to determine an official language or official languages for that province, within its sphere of jurisdiction.
3. Linguistic rights should be expressed in provincial statutes, which could include:
4. Should all provinces agree on these or any other linguistic rights, these rights should then be entrenched in the constitution.
5. The provinces should review existing methods and procedures for the teaching and learning of both French and English and make greater efforts to improve the availability and quality of instruction in these languages at all levels of education.
The First Canadians (Chapter 5)
6. Sections 11 and 12 of the Indian Act should be amended in order that Indian men and women acquire and lose Indian status in exactly the same way.
7. The central government should make greater efforts to promote and protect native languages and cultures, and should more actively facilitate communications between Canada's native peoples and the indigenous people of other countries.
8.
9. Both the central and provincial governments, and major voluntary and philanthropic associations, should provide increased funding to native peoples to assist them to undertake research and publish histories of their tribes and communities.
10. Both the public and private sector should make greater efforts to see that native peoples are more adequately represented on boards and commissions, task forces and study groups.
Culture (Chapter 5)
11. The provinces should:
12. The provinces should recognize that education has a Canada-wide dimension by giving greater prominence to Canadian studies, and they should, through a strengthened Council of Ministers of Education, develop ways by which this dimension may be represented more fully in our school systems.
13. The central government and its cultural agencies should concentrate on developing programs of a Canada-wide dimension; they should not seek to enter into domains and pursuits which the provinces can and should perform for themselves.
14. The number of Canada-wide artistic prizes, competitions and cultural activities should be increased for the young people of the country.
15. The public and private sectors of Canada should work in cooperation to increase those youth exchange programs which have demonstrated their capacity to enhance interregional and inter-cultural knowledge among the young people. Also, efforts should be made to extend similar programs to adults.
16. The central government should, in cooperation with the private sector, do its utmost to increase opportunities for low-cost travel in order to enable Canadians who wish to do so to become better acquainted with their country and their fellow-citizens.
17. Steps should be taken to ensure that the products of our varied cultural activities (such as books, recordings, magazines, films and paintings) are more imaginatively and effectively distributed, diffused, or marketed throughout Canada, and in a way that would give them prominence in relation to those from non-Canadian sources.
18. The tax system should be employed more directly in support of the cultural and linguistic development of the country, and consideration should be given to increasing cost allowances and tax write-offs for cultural enterprises.
19.
Unity and the health of the economy
General (Chapter 6)
20. Section 121 of the BNA Act should be clarified in order to guarantee more effectively free trade between the provinces for all produce and manufactured goods, and be extended to include services.
21. In addition, government purchasing policies should be based upon considerations of market costs unless specified social and economic objectives would otherwise be served.
22. Impediments to the mobility of persons in the professions, trades and other such occupations should be reduced through the application of widely accepted common standards; and such standards should be set and reviewed periodically by the provincial governments and the appropriate professional bodies in consultation with each other.
23. The constitution should make clear the prohibition of barriers to the interprovincial movement of capital.
24. The annual conference of finance ministers should be used more actively to ensure the coordination of economic stabilization policies, by providing a common assessment of the economy and a better knowledge of the total revenues expenditures and borrowings of the Canadian public sector as a whole.
25. Meetings between the central and provincial governments, and representatives from the private sector should be regularized and integrated under the general supervision of conferences of the first ministers on the economy, to be held every two or three years, with a view to framing and coordinating policies designed to achieve medium and longer-term objectives for the Canadian economy and for its main sectors of activities.
26. With respect to the sharing of Canadian wealth:
A restructured federalism
General (Chapter 7)
27.
28. The preamble to the constitution should include a declaration that the people of Canada
29. A new constitution should recognize two major principles with respect to distribution of powers and to central institutions:
Distribution of legislative and executive powers (Chapter 7)
30. The present distribution of legislative and executive powers should be clarified and adjusted to contemporary needs and realities.
31. The principal roles and responsibilities of the central government should be:
32. The principal roles and responsibilities of the provincial governments should be:
33. In addition to roles and responsibilities defined in the previous recommendation, an essential role and responsibility of the government of Quebec should be the preservation and strengthening of the French heritage in its own territory.
34. A new distribution of powers should, whenever it is desirable or needed in order to fulfil the objectives of dualism and regionalism, recognize the distinctive status of any province or make it possible for a province to acquire such status.
35.
36. In addition to these objectives, roles and responsibilities, the distribution should take account of the five following considerations:
37. The use of a list of exclusive powers for Parliament and a list of exclusive powers for provincial legislatures should be retained in a new Canadian constitution.
38.
39. The residual power should be assigned to the provincial legislatures.
40. In devising a new distribution of powers, the following steps should be taken:
41. Both the central and provincial governments should be granted equal access to tax sources, with the exception that customs and excise taxes be an exclusive central power. The provincial right to use indirect taxation should be qualified to ensure that the impact of such taxes do not fall upon persons outside the taxing province.
42.
43. The power of reservation and the power of disallowance should be abolished.
44. The power to appoint the lieutenant-governor of each province should be vested in the Queen on the advice of the provincial premier.
45. The declaratory power of Parliament should be retained, but its use should be subject to the consent of the province concerned.
46. The spending power of the central government should be retained in matters of federal-provincial programs of interest to the whole of Canada, but its exercise should be subject to ratification by a reconstituted second chamber, and provinces should be granted the right to opt out of any such program, and where appropriate receive fiscal compensation.
Federal-provincial relations and the Senate (Chapter 7)
47. The Senate should be abolished and replaced by a new second chamber of the Canadian Parliament to be called the Council of the Federation.
48.
49. The Council should not have the power to initiate legislation, except in the case of bills proposing constitutional amendments; and its decisions should not be regarded as expressions of confidence or non-confidence, since the government should remain responsible to the House of Commons alone.
50. The scope of the powers of the Council should be the following:
51. The Council should be used as a forum for the discussion of general proposals and broad orientations arising from conferences of the first ministers on the economy and any other proposals the conference of first ministers may so designate, or any other matters of concern to the members of the Council itself.
52. Federal appointments to the Supreme Court, to major regulatory agencies such as the Canadian Radio-Television Commission, the Canadian Transport Commission and the National Energy Board, and to central institutions such as the Bank of Canada and the Canadian Broadcasting Corporation, should require the approval of the appropriate committee of the Council.
53. To determine the classification of a bill or treaty and hence the powers that the Council may exercise, a permanent committee should be created and be composed of the Speakers and some members from both the House of Commons and the Council.
54.
55. A federal-provincial committee on intergovernmental policy issues should be established with a membership of the eleven ministers responsible for intergovernmental affairs.
56. A permanent intergovernmental committee of officials and experts working under the conference of the first ministers should be established to study policy and program duplication on a continuing basis.
57. In order to make federal-provincial relations subject to continuous scrutiny by the legislatures, standing committees should be established in the House of Commons and in all provincial legislatures to review the activities of the major federal-provincial conferences.
The Supreme Court and the Judicial system (Chapter 7)
58. The existence and independence of the judiciary at both the central and the provincial orders of government should be recognized as a fundamental principle of Canadian federalism and be entrenched in the constitution.
59.
60. The Supreme Court should remain a court with general appellate jurisdiction in both federal and provincial law.
61. The Supreme Court should retain its jurisdiction with respect to references, but provincial governments should have the same right as the central government to refer constitutional matters directly to the Supreme Court.
62. The Supreme Court should be divided into three benches, one of provincial jurisdiction which would be subdivided into a Quebec law section and a common law section, one of federal jurisdiction, and one of constitutional jurisdiction; the constitutional bench should be composed of all members of the Court.
63. Arrangements should be made for the reimbursement of the travelling costs of parties to and from the Supreme Court, whenever the Court is of the opinion that the situation warrants it.
64. All provincial judges should be appointed by the provincial governments concerned, but, with respect to higher court judges, only after consultation with the central government; and Federal Court judges should continue to be appointed by the central government.
Constitutional change and adaptation (Chapter 7)
65. Articles of the constitution pertaining to:
should be amendable by the following process:
66. Parliament should have the power to amend other articles of the constitution, except those concerned with the constitution of the provinces, which should be amendable only by each provincial legislature.
67. A new constitution should recognize the right of the central and provincial government to delegate to each other, by mutual consent, any legislative power, it being understood that such delegation should be subject to periodical revision and be accompanied, where appropriate, by fiscal compensation.
Electoral reform and the House of Commons (Chapter 7)
68. In order to establish a better balance between the number of votes and the number of seats obtained by each political party in different regions and provinces, the current mode of election to the House of Commons should be modified by introducing an element of proportionality to complement the present simple-majority single-member constituency system.
69.
70.
Individual and collective rights (Chapter 7)
71. The Canadian constitution should entrench a Declaration of Rights.
72. The Declaration of Rights should include the usual political, legal, economic and egalitarian rights.
73. The entrenched collective rights should include the language rights listed in recommendations 1, 2, and 4 and the right of Parliament and provincial legislatures to adopt special measures to benefit native peoples.
74. The basic individual and collective rights on which the central and provincial governments are in agreement should be entrenched in the constitution.
75. In those cases where the central and provincial governments have agreed, additional rights, which contain a clause permitting exceptions where so specified in a statute, should be entrenched in the constitution.
Appendix 1
Terms of Reference
P.C. 1977-1910
Certified to be a true copy of a Minute of a Meeting of the Committee of the Privy Council, approved by His Excellency the Governor General on the 5 July, 1977
The Committee of the Privy Council, having had before it a report of the Right Honourable Pierre Elliott Trudeau, the Prime Minister, concerning Canadian unity, advise that
The Honourable Jean-Luc Pepin of Ottawa, Ontario
The Honourable John Parmenter Robarts of Toronto, Ontario
Mr. Richard Cashin of St. John's, Newfoundland
Dr. John Evans of Toronto, Ontario
Mrs. Muriel Kovitz of Calgary, Alberta
Mayor Ross Marks of Hundred Mile House, British Columbia
be appointed Commissioners under Part I of the Inquiries Act to enquire into questions relating to Canadian unity. During the course of their inquiry, the Commissioners shall
a) hold public hearings and sponsor public meetings to ascertain the views of interested organizations, groups, and individuals;
b) work to support, encourage, and publicize the efforts of the general public, and particularly those of non-governmental organizations, with regard to Canadian unity;
c) contribute to the knowledge and general awareness of the public the initiatives and views of the Commissioners concerning Canadian unity;
d) assist in the development of processes for strengthening Canadian unity and be a source of advice to the government on unity issues; and
e) enquire into any other matter concerning national unity that may be referred to the Commission by His Excellency in Council.
The Committee further advise that the Commissioners
CERTIFIED TO BE A TRUE
COPY-COPIE CERTIFITÉE CONFORME
P.M. PITFIELD
CLERK OF THE PRIVY COUNCIL-LE GREFFIER DU CONSEIL PRIVÉ
Certified to be a true copy of a Minute of a Meeting of the Committee of the Privy Council, approved by His Excellency the Governor General on the 24 August, 1977
The Committee of the Privy Council, on the recommendation of the Right Honourable Pierre Elliott Trudeau, the Prime Minister, advise that Mrs. Solange Chaput-Roliand, of the City of Montreal, in the Province of Quebec, be appointed a Commissioner, under Part I of the Inquiries Act, of the Commission of inquiry into questions relating to Canadian Unity, known as the Task Force on Canadian Unity, established by Order in Council P.C. 1977-1910 of 5th July, 1977.
CERTIFIED TO BE A TRUE
COPY-COPIE CERTIFITÉE CONFORME
P.M. PITFIELD
CLERK OF THE PRIVY COUNCIL-LE GREFFIER DU CONSEIL PRIVÉ
P.C. 1977-2362
Certified to be a true copy of a Minute of a Meeting of the Committee of the Privy Council, approved by His Excellency the Governor General on the 24 August, 1977
The Committee of the Privy Council, on the recommendation of the Right Honourable Pierre Elliott Trudeau, the Prime Minister, advise that Mr. Gérald A. Beaudoin, of the City of Hull, in the Province of Quebec, be appointed a Commissioner, under Part I of the Inquiries Act, of the Commission of inquiry into questions relating to Canadian Unity, known as the Task Force on Canadian Unity, established by Order in Council P.C. 1977-1910 of 5th July, 1977.
CERTIFIED TO BE A TRUE
COPY-COPIE CERTIFITÉE CONFORME
P.M. PITFIELD
CLERK OF THE PRIVY COUNCIL-LE GREFFIER DU CONSEIL PRIVÉ
P.C. 1978-573
Certified to be a true copy of a Minute of a Meeting of the Committee of the Privy Council, approved by His Excellency the Governor General on the 28 February, 1978
The Committee of the Privy Council, on the recommendation of the Right Honourable Pierre Elliott Trudeau, the Prime Minister, advise that Dr. Ronald L. Watts of Kingston, Ontario, be appointed a Commissioner, under Part I of the Inquiries Act, of the Commission of inquiry into questions relating to Canadian Unity, known as the Task Force on Canadian Unity, established by Order in Council P.C. 1977-1910 of 5th July, 1977, vice Dr. John Evans whose resignation has been accepted.
CERTIFIED TO BE A TRUE
COPY-COPIE CERTIFITÉE CONFORME
P.M. PITFIELD
CLERK OF THE PRIVY COUNCIL-LE GREFFIER DU CONSEIL PRIVÉ
Appendix 2 The Role of the Task Force
MANDATE
The mandate of the Task Force on Canadian Unity has three basic elements:INTRODUCTION
The Task Force is committed to a Canadian federation, a system with the authority of the state shared by two orders of government, each sovereign and at the same time committed to cooperative association with the other, under a constitution. We believe that such a system is the one best suited to the diversity of our founding peoples and to the nature of our geographic, social and economic environments.
The Task Force also recognizes that Canada and its present federal system are under great stress. The creation of the Task Force is itself a testimony to this. All regions of Canada are reflecting and expressing this malaise. The most pressing questions are being raised in Quebec and the Task Force intends to give these high priority. Nevertheless, the concerns of other regions are vitally important and will be given our full attention.
The Task Force has been given a clear mandate by the Government to develop its own initiatives and ideas and we intend to do this. It is our intention to assemble concepts and policies which could constitute some of the elements of a third option for Canada. The Members of the Task Force do not feel bound by existing legislation and practices nor are they committed to views of any federal or provincial political party. Our mandate requires us to advise the Government and we will do so but we will also make our views public, not seeking conflict with any groups, but aware that our autonomy is essential to our credibility and usefulness.
We intend to function in a spirit of receptiveness and conciliation. We will work closely with the Canadian people. Throughout the period of our mandate, we intend to carry on a conversation with citizens of all regions and with experts in all disciplines, listening, attempting to understand, discussing both old and new concepts. We will be mindful of and will solicit the views of the federal and all provincial governments.
In accordance with our mandate, we intend to listen to and provide a forum for those associations of all kinds which are specifically searching for the terms of a better Canada. Such efforts represent a spontaneous and generous spirit which must be encouraged and which can provide Canadians with a very useful instrument for the consideration of our problems.
The Task Force will learn a great deal from these organizations and will give particular encouragement to those who wish to think about changes which can improve our political, social and economic systems. We will encourage such policy formation in every way and particularly through the provision of speakers and publications which might stimulate discussion.
ACTIVITIES OF THE TASK FORCE
Within the period of our mandate and within the overall framework of a dialogue with the Canadian people, we intend to do four things. To some extent, these activities will be taking place concurrently.
First, we intend to listen and attempt to understand the real concerns of all Canadians on the functioning of our social, economic and political institutions as they relate to our mandate.
Secondly, while we recognize the existence of tensions and the need for reforms, we intend to point out the positive aspects of the Canadian experience, both material and emotional, its flexibility and its potential for improvement under the pressure of enlightened public awareness.
Thirdly, we hope to be able to inform the Canadian people effectively about the complex issues at stake in creating a more satisfying country. We propose to clarify the options available and the advantages and disadvantages related to them.
Fourthly, we intend to make recommendations for changes in structures, concepts and attitudes which are required in order to make our Canadian institutions more consistent with the needs of our times.
TIMETABLE
During the early months of the life of the Task Force, the emphasis will be on listening. We intend to visit centers in all the Canadian provinces to discuss the issues, face to face, with the public. In this way, we will acquire a greater sensitivity to the current opinions and feelings of Canadians. Concurrently, the staff of the Task Force will be studying and analyzing the key issues in the unity debate in order to prepare background papers on some major aspects of our current problems and the range of possible improvements which might be made.
During the second phase of the Task Force's work the emphasis will be on study and consultation with specialists. The Task Force and its staff will discuss the issues in an attempt to assemble concepts and policies which will provide Canadians with some new directions. Concurrently with this period of study, the Task Force intends to publish information papers on important issues for the Canadian people outlining the options which are available.
During the third and final period of the Task Force's life, the Members plan to integrate their views and propose objectives and policies to the Government of Canada and to the Canadian people for their consideration.
The Task Force expects, in the months ahead, to make a contribution to a better understanding and resolution of our current problems. Where these problems are more perceived than real, we intend to promote understanding. Where they are more real than perceived, we intend to promote change.
And we earnestly ask for the understanding and support or our fellow citizens.
September 1, 1977.
William F. Maton