From: steven@spxtech.qc.ca (Steven C. Potter)
Newsgroups: can.politics,can.general
Subject: Re: Education rights in QC & Can. Charter (was Bill 178)
Date: 27 Jul 92 03:54:24 GMT
Organization: Securiplex Technologies Inc., Montreal, Canada
X-Bytes: 2965

From article <9207261182@veietto.uucp>, by fveillet@veietto.uucp
 Francois Veillette writes

> 
> By the way, there is much more in Bill 101 than the articles contested.
>
> ... [stuff deleted]
>
> The section about the education is still fully valid despite the
> protestation of Steven Potter... 8-}
> 

   According to the Supreme Court of Canada (in A.G. (Que.) versus
   Quebec Protestant schl bds., [1984] 2 S.C.R.) :-

      "It is ... not surprising that Bill 101 was very much in the
       minds of the framers of the Constitution when they enacted s.23
       of the Charter, which guarantees 'minority language educational
       rights'.  ....
       By incorporating into the structure of s.23 of the Charter the
       unique set of criteria in s.73 of Bill 101, the framers of the
       Constitution identified the type of regime they wished to
       correct... ...
       If, as is apparent, Chapter VIII of Bill 101 is the prototype
       of regime which the framers of the Constitution wished to
       remedy by adopting s.23 of the Charter, the limits which this
       regime imposes on rights involving the language of instruction,
       so far as they are inconsistent with s.23 of the Charter, cannot
       possibly have been regarded by the framers of the Constitution
       as coming within 'such reasonable limits prescribed by law as
       can be demonstrably justified in a free and democratic society'."


   What became of the "mother tongue criteria" (Often misnamed "Universal
   clause"!!!)?

   Jean Chretien's book "Straight from the heart" (pg. 178 in my paperback
   edition):-

      "I continued to try to overcome Quebec's objections, to the extent
       of modifying the principle of minority language education and
       agreeing to fiscal compensation when Quebec opted out of amendments
       that affected culture and education. ... Of course, Levesque could
       never accept anything; ... I used to joke that these were the first
       constitutional amendments in history to have been negotiated over
       the telephone."


     No "notwithstanding clause" 5 year time limit!

     No expiration time.

     Levesque wouldn't sign (he was not left out of the deal - he
     walked away!!!).

     The minority language rights section has remained in pieces since.

     Since 26th August, 1977 English-speaking children arriving in
     Quebec have been denied access to a dying English school system in
     this province. Denied access to an education in their own language.

     I don't think Mr. Chretien's joke was funny. I don't think the
     legacy from that joke is very funny either!

-- 
  ///==================================================================\\\
  ||| Steve Potter:         steven%spxtech@CAM.ORG                     |||
  ||| Expertise/Experience: Computer Systems Engineering / Real Ale /  |||
  |||                       Politics in Education in Quebec            |||