Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 19 - Order of Reference

Extract from the Journals of the Senate, Thursday, June 13, 1996:

Resuming debate on the motion of the Honourable Senator Fairbairn, P.C., seconded by the Honourable Senator Stanbury:

WHEREAS section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

NOW THEREFORE the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

I. Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the Newfoundland Act is repealed and the following substituted therefor:

17. In lieu of section ninety-three of the Constitution Act 1867, the following shall apply in respect of the Province of Newfoundland:

In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education but

(a) except as provided in paragraphs (b) and (c), schools established, maintained and operated with public funds shall be denominational schools, and any class of persons having rights under this Term as it read on January 1, 1995 shall continue to have the right to provide for religious education, activities and observances for the children of that class in those schools, and the group of classes that formed one integrated school system by agreement in 1969 may exercise the same rights under this Term as a single class of persons;

(b) subject to provincial legislation that is uniformly applicable to all schools specifying conditions for the establishment or continued operation of schools,

(i) any class of persons referred to in paragraph (a) shall have the right to have a publicly funded denominational school established, maintained and operated especially for that class, and

(ii) the Legislature may approve the establishment, maintenance and operation of a publicly funded school, whether denominational or non-denominational;

(c) where a school is established, maintained and operated pursuant to subparagraph (b)(i), the class of persons referred to in that subparagraph shall continue to have the right to provide for religious education, activities and observances and to direct the teaching of aspects of curriculum affecting religious beliefs, student admission policy and the assignment and dismissal of teachers in that school;

(d) all schools referred to in paragraphs (a) and (b) shall receive their share of public funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature; and

(e) if the classes of persons having rights under this Term so desire, they shall have the right to elect in total not less than two thirds of the members of a school board, and any class so desiring shall have the right to elect the portion of that total that is proportionate to the population of that class in the area under the board's jurisdiction.

Citation

2. This Amendment may be cited as the Constitution Amendment, year of proclamation (Newfoundland Act);

And on the motion in amendment of the Honourable Senator Doody, seconded by the Honourable Senator Kinsella, that the motion be not now adopted but that it be referred to the Standing Senate Committee on Legal and Constitutional Affairs;

And on the motion in amendment of the Honourable Senator Murray P.C., seconded by the Honourable Senator Robertson, that the motion be further amended by adding thereto the following:

That the Committee be authorized to permit coverage by the electronic media of its public proceedings with the least possible disruption of its hearings;

That the Committee be instructed to travel to Newfoundland and Labrador to hear representation on the proposed Constitutional amendment;

That the Committee present its report no sooner than September 30, 1996; and

That the Committee be authorized to deposit its report with the Clerk of the Senate if the Senate is not sitting and that the said report shall thereupon be deemed to have been tabled in the Chamber.

After debate,

With leave of the Senate and pursuant to Rule 30, the motion in amendment of the Honourable Senator Murray, P.C., was modified by deleting the third paragraph thereof and replacing it with the following:

"That the Committee present its report no later than July 17, 1996; and".

After debate,

The question being put on the motion in amendment, as modified, it was adopted.

Resuming debate on the motion in amendment, as amended, of the Honourable Senator Doody, seconded by the Honourable Senator Kinsella, that the motion be not now adopted but that it be referred to the Standing Senate Committee on Legal and Constitutional Affairs;

That the Committee be authorized to permit coverage by the electronic media of its public proceedings with the least possible disruption of its hearings;

That the Committee be instructed to travel to Newfoundland and Labrador to hear representation on the proposed Constitutional amendment;

That the Committee present its report no later than July 17, 1996; and

That the Committee be authorized to deposit its report with the Clerk of the Senate if the Senate is not sitting and that the said report shall thereupon be deemed to have been tabled in the Chamber.

After debate,
The question being put on the motion in amendment, as amended, it was adopted.

Paul C. Bélisle

Clerk of the Senate