The origins of the bilingual legal system of Ontario
[Français]
REMARKS BY THE HONOURABLE R. ROY McMURTRY AT THE SEPTEMBER 20, 2012 SYMPOSIUM OF THE UNIVERSITY OF OTTAWA ON JUSTICE AND FRENCH SERVICES IN ONTARIO: ASSESSMENT AND PERSPECTIVES.
JE SUIS TRÈS HEUREUX D'ËTRE INVITÉ À PRENDRE LA PAROLE À CET IMPORTANT SYMPOSIUM AU SUJET DE JUSTICE ET SERVICES EN FRANCAIS EN ONTARIO EN BILAN ET PERSPECTIVES. JE SUIS PARTICULIÈREMENT HEUREUX D'AVOIR L'OCCASION DE FÉLICITER L'UNIVERSITÉ D'OTTAWA POUR SES CONTRIBUTIONS À L'ADMINISTRATION DE LA JUSTICE EN ONTARIO. DANS CE CONTEXTE, JE ME RAPPELLE QUE, LORSQUE J'AI PRIS MES PREMIERS PAS SUR LA SCÈNE POLITIQUE EN ONTARIO, LA RÉALITÉ D'UN SYSTÈME JUDICIAIRE BILINGUE N'EXISTAIT PAS.
IL Y A UNE AUTRE RÉALITÉ - PLUS PERSONNELLE - QUE JE DOIS ACCEPTER. QUAND JE SUIS DEVENU LE PROCUREUR GÉNÉRAL DE L'ONTARIO EN 1975, J'ÉTAIS DÉTERMINÉ À ÉTABLIR UN SYSTÈME DE JUSTICE BILINGUE EN ONTARIO. EN MËME TEMPS, J'ÉTAIS DÉTERMINÉ À DEVENIR BILINGUE MOI-MÊME. IL EST ÉVIDENT QUE LE PREMIER PROJET A EU PLUS DE SUCCÈS QUE LE DEUXIÈME. EN EFFET, APRÈS L'ADOPTION DE LA CHARTE CANADIENNE DES DROIT ET LIBERTÉS, JE M'INQUIÉTAIS, CHAQUE FOIS QUE JE PARLAIS EN FRANCAIS, DE PORTER ATTEINTE A LA CHARTE TELLEMENT LA PUNITION QUE MES EFFORTS INFLIGEAIENT SUR MON PUBLIQUE ETAIT SÉVÈRE ET INHABITUELLE.
C'EST DONC DANS LE BUT DE RÉDUIRE MES ATTEINTES À LA CHARTE AUJOURD'HUI QUE JE RÉSERVERAIS LA GRANDE PARTIE DE MES REMARQUES À L'AUTRE LANGUE OFFICIELLE. EN CE FAISANT, JE COURS LE RISQUE D'ËTRE CONSIDERÉ À UN NIVEAU INADÉQUAT DANS LES DEUX LANGUES OFFICIELLES.
GIVEN MY OWN EXPANDING AGE, I ASK YOU TO ALLOW ME TO INDULGE MYSELF FOR A FEW MOMENTS AS I REFLECT ON THE EVENTS WHICH LED TO THE INTRODUCTION OF A BILINGUAL COURT SYSTEM IN ONTARIO..
WHILE I HAVE MOST REGRETTABLY NEVER BEEN ABLE TO BECOME BILINGUAL, MY EFFORTS BEGAN IN 1955 WHEN I WAS A LAW STUDENT AT OSGOODE HALL SCHOOL. WITH THE ENCOURAGEMENT AND ASSISTANCE OF A FRIEND, I WAS INVITED TO SPEND THE SUMMER OF 1955 IN QUEBEC CITY ALONG WITH A QUEBECOIS FAMILY AND WORKING ON A CONSTRUCTION COMPANY HEADED BY MY FRANCOPHONE HOST.
MY FRIEND, THE LATE IAN SCOTT WHO SUCCEEDED ME AS ONTARIO ATTORNEY GENERAL THIRTY YEARS LATER, WITH THE ASSISTANCE OF THE SAME FRIEND, LIVED WITH ANOTHER QUEBECOIS FAMILY AND WORKED FOR THE SAME CONSTRUCTION COMPANY.
NOW, 1955 WAS FIVE YEARS BEFORE THE SO CALLED QUIET REVOLUTION INITIATED BY THE NEW QUEBEC PREMIER JEAN LESAGE IN 1960. HIS LEADERSHIP TOGETHER WITH THAT OF HIS THEN CABINET MINISTER RENÉ LEVESQUE WAS TO HAVE A MAJOR IMPACT ON QUEBEC SOCIETY.
THE YEARS OF PREMIER MAURICE DUPLESSIS WAS INFLUENCED LARGELY BY THREE STRATEGIES. FIRSTLY ALLOW, IF NOT ENCOURAGE, THE ANGLOPHONE MINORITY TO DOMINATE QUEBEC BUSINESS AND COMMERCE. SECONDLY, ENCOURAGE YOUNG FRANCOPHONES TO PURSUE CAREERS IN PROFESSIONS SUCH AS LAW AND MEDICINE AS WELL AS SIGNIFICANTLY TO ENCOURAGE CAREERS IN THE PRIESTHOOD OR AS NUNS.
THIRDLY, THE CHURCH WAS GIVEN THE PRACTICAL CONTROL OF EDUCATION AND I BELIEVE THAT A FORMAL PROVINCIAL MINISTRY OF EDUCATION WAS NOT CREATED UNTIL SHORTLY AFTER 1960 BY PREMIER JEAN LESAGE.
I NEVER HAD VISITED QUEBEC CITY BEFORE 1955 AND I WAS QUITE OVERCOME BY ITS BEAUTY AND VITALITY. HOWEVER, MANY YOUNG PEOPLE WERE OVERLY IMPRESSED BY THE AMERICAN CULTURE AND EVEN WITH TORONTO WHICH WAS THEN A VERY PROVINCIAL AND RATHER BORING CITY.
IN 1955, THE GREAT HOCKEY PLAYER JEAN BELIVEAU WAS THE FAVOURITE SON OF QUEBEC, PLAYING FOR THE QUEBEC ACES AS THE MONTREAL CANADIANS FOR SEVERAL YEARS FOOLISHLY REFUSED TO MEET HIS CONTRACT DEMANDS.
IAN SCOTT AND MYSELF HAD OPPORTUNITIES EVERY DAY TO SPEAK FRENCH PARTICULARLY WITH OUR FELLOW WORKERS AND BY THE END OF THE SUMMER COULD CONVERSE IN FRENCH. HOWEVER WHEN WE RETURNED TO TORONTO WE DID NOT HAVE THE BENEFIT OF LISTENING TO FRENCH RADIO OR TELEVISION WHICH DID NOT ARRIVE UNTIL SOME YEARS LATER.
WHILE WE ENJOYED THE WONDERFUL FRENCH CULTURE AND AMBIANCE OF QUEBEC CITY AND ITS SURROUNDINGS, WE ALSO LEARNED OF SOME OF THE REAL GRIEVANCES THAT HAD SOURED FRENCH ENGLISH RELATIONS IN MANY WAYS.
I WAS PARTICULARLY DISTRESSED AND INDEED INCENSED BY WHAT I LEARNED FROM MY HOST ABOUT ADVERTISEMENTS FOR JOBS IN THE ANGLOPHONE DOMINATED BUSINESS AND INDUSTRIAL SECTORS IN QUEBEC THAT PREVAILED INTO THE 1950'S. ACCORDING TO MY HOST EUGENE FRANÇOIS NOEL, A WONDERFUL PERSON, THE GREAT MAJORITY OF ADVERTISING FOR EMPLOYMENT STATED THAT ONLY ANGLOPHONES NEED APPLY, AND NOTHING ABOUT BILINGUALISM!
THIS INFORMATION INFURIATED ME AND I HAVE OFTEN STATED TO FRIENDS THAT, IF I HAD GROWN UP IN QUEBEC AS A FRANCOPHONE, THAT I WOULD HAVE BEEN VERY ATTRACTED TO THE SEPARATIST MOVEMENT. FORTUNATELY HOWEVER, THE PAST FIFTY YEARS HAVE WITNESSED THE GROWTH OF A STRONG AND VIBRANT QUEBECOIS SOCIETY IN ALL WALKS OF LIFE.
NEVERTHELESS, THE EXPERIENCE OF 1955 IN QUEBEC MADE A LASTING IMPRESSION ON ME AS I UNDERSTOOD REALLY FOR THE FIRST TIME HOW THE FRENCH LANGUAGE AND CULTURE WAS A FOUNDATION STONE OF THE DUALITY OF CANADA.
I FIRST MET RENÉ LEVESQUE IN THE EARLY 1960'S WHEN THE LATE AND GREAT LAWYER ARTHUR MAHONEY HAD CREATED THE CANADIAN SOCIETY FOR THE ABOLITION OF THE DEATH PENALTY. I BECAME PRESIDENT OF THE TORONTO CHAPTER AND RENÉ LEVESQUE BECAME A STRONG SUPPORTER IN QUEBEC. I WELL REMEMBER SITTING ON A PANEL DEALING WITH THE ISSUE IN OTTAWA BEFORE AN AUDIENCE OF FEDERAL MPs AND SENATORS. I BECAME AWARE OF HIS IMMENSE CHARM AND ELOQUENCE AND WHEN HE FOUNDED THE PARTI QUEBECOIS I REALIZED THAT CANADA COULD BE FACING SOME MAJOR CHALLENGES.
WHEN I BECAME THE ATTORNEY GENERAL IN 1975, I DECIDED TO BECOME BETTER INFORMED ABOUT THE NEED FOR AN OFFICIALLY BILINGUAL JUSTICE SYSTEM IN ONTARIO, WHICH WOULD ALSO MAKE A STATEMENT TO QUEBEC IN RELATION TO ONTARIO'S SUPPORT OF THE FRENCH LANGUAGE.
ONE OF MY EARLIEST ADVISORS WAS MY CABINET COLLEAGUE, THE LATE RENÉ BRUNELLE WHO INFORMED ME OF THE PROBLEMS IN MANY COURTS IN NORTHERN ONTARIO WHERE THE FIRST LANGUAGE OF THE JUDGE, LAWYERS AND WITNESSES WAS USUALLY FRENCH BUT EVERY WORD HAD TO BE TRANSLATED INTO ENGLISH IN ORDER TO HAVE AN OFFICIAL RECORD.
IN MY VIEW, THIS WAS NOT ONLY UNNECESSARILY TIME CONSUMING AND EXPENSIVE BUT WAS CLEARLY INSULTING TO THE PARTICIPANTS. I ALSO BEGAN TO UNDERSTAND WHAT IT MUST FEEL LIKE FOR A FRENCH-SPEAKING CITIZEN OF ONTARIO TO BE REQUIRED TO GIVE EVIDENCE BEFORE A JUDGE OR A TRIBUNAL THAT COULD NOT COMPREHEND THE FRENCH LANGUAGE.
IN MANY QUARTERS IT WAS WRONGLY ASSUMED THAT FRANCO-ONTARIANS WERE EQUALLY COMFORTABLE IN EITHER THE ENGLISH OR FRENCH LANGUAGE. INDEED, WHILE MANY OF OUR FRANCO-ONTARIAN CITIZENS WERE BILINGUAL, THAT WAS NOT THE ISSUE. FOR ME, THE ISSUE SIMPLY WAS THIS: THE DUALITY OF OUR COUNTRY MUST BE BETTER REFLECTED IN OUR JUDICIAL SYSTEM. FRANCO-ONTARIANS SHOULD NO LONGER HAVE TO LEAVE THEIR LANGUAGE AT THE DOOR BEFORE ENTERING THE COURTROOMS OF THIS PROVINCE.
IT SOON BECAME APPARENT TO ME THAT A BILINGUAL COURT SYSTEM IN ONTARIO WAS LONG OVERDUE. HOWEVER, MY PRELIMINARY DISCUSSIONS WITH SOME OF MY SENIOR ATTORNEY GENERAL COLLEAGUES WERE NOT VERY ENCOURAGING AS THEY BELIEVED THAT IT WOULD TAKE MANY YEARS TO ASSEMBLE THE NECESSARY BILINGUAL HUMAN RESOURCES. WHILE THE PROPONENTS OF CAUTION ARE OFTEN USEFUL VOICES FOR A NEW MINISTER, I WAS NOT IN A MOOD TO BE CAUTIOUS. THE PRINCIPLE WAS RIGHT AND, AS AN ATTORNEY GENERAL IN A MINORITY GOVERNMENT, I WAS NOT CONVINCED THAT THERE WAS A WHOLE LOT OF TIME TO SPARE. IN FACT, I HAD A PRIVATE POLITICAL MOTTO AT THAT TIME THAT WAS ADOPTED FROM MY FORMER CLIENTS, THE METRO TORONTO HOMICIDE SQUAD: "WE ARE HERE FOR A GOOD TIME, NOT A LONG TIME".
THERE WAS ALSO ANOTHER POLITICAL FACTOR TO BE RECKONED WITH IN ONTARIO, NAMELY THE REGRETTABLE, UNFORTUNATE AND DIVISIVE BACKLASH OVER THE FEDERAL GOVERNMENT'S OFFICIAL LANGUAGES LEGISLATION OF 1972. THE ANTI-BILINGUAL MOB HAD BEEN RESPONDING WITH AN UNDILUTED FURY AND THEIR VITRIOL WAS REGRETTABLY HAVING SOME IMPACT. IN FACT, AS RIDICULOUS AS IT WAS, A LAWYER IN RICHMOND HILL, ONTARIO, ACTUALLY CREATED AN ASSOCIATION FOR THE PRESERVATION OF THE ENGLISH LANGUAGE.
IN ALL THE CIRCUMSTANCES THEREFORE, I CAME TO THE CONCLUSION THAT THE APPROPRIATE POLICY SUBMISSION TO CABINET WAS NOT A PRACTICAL ROUTE TO FOLLOW. A PUBLIC OPPORTUNITY PRESENTED ITSELF IN NOVEMBER OF 1975 WHEN I WAS ASKED TO BRING GREETINGS TO AN OTTAWA REGION CONFERENCE THAT WAS ADDRESSING ISSUES OF OFFICIAL BILINGUALISM. I ANNOUNCED THAT I WAS GOING TO ESTABLISH A PILOT BILINGUAL PROVINCIAL COURT PROJECT, THE LOCATION OF WHICH WOULD BE ANNOUNCED IN A FEW DAYS. THE DIE WAS CAST EVEN THOUGH MY CABINET COLLEAGUES HAD NOT BEEN CONSULTED.
I WOULD LIKE TO BE ABLE TO REPORT THAT MY NEXT APPEARANCES AT CABINET AND CAUCUS WERE GREETED WITH STANDING OVATIONS. UNFORTUNATELY, THAT WAS NOT THE CASE AS MANY OF MY COLLEAGUES HAD BEEN HEARING MOSTLY FROM THE WRONG PEOPLE IN RELATION TO THE CONTROVERSY CAUSED BY MY ANNOUNCEMENT IN OTTAWA. HOWEVER, PREMIER BILL DAVIS WAS A LEADER WITH GENEROUS INSTINCTS AND I WAS CONFIDENT THAT I COULD PERSUADE HIM THAT HIS GOVERNMENT SHOULD BE COMMITTED TO THE DEVELOPMENT OF AN OFFICIALLY BILINGUAL COURT SYSTEM.
IT WAS APPARENT THAT A FRENCH-LANGUAGE ADVISORY GROUP SHOULD BE ESTABLISHED TO ADVISE ME AS TO THE MOST EFFECTIVE MANNER IN WHICH TO PROCEED WITH THE AVAILABLE RESOURCES. IT WAS RECOMMENDED THAT WE ADOPT AN ÉTAPE PAR ÉTAPE APPROACH IN ORDER TO SUCCESSFULLY NAVIGATE THE POTENTIAL MINE FIELDS THAT LAY AHEAD. THIS APPROACH WOULD ALLOW US THE TIME AS WELL TO DEVELOP THE ADDITIONAL RESOURCES WHICH WOULD BE ESSENTIAL TO NURTURE THIS NEW DIMENSION OF THE ADMINISTRATION OF JUSTICE IN ONTARIO.
THE FIRST ADVISORY COMMITTEE INCLUDED THE LATE ROBERT PARIS WHO BECAME THE FIRST PRESIDENT OF L'ASSOCIATION DES JURISTES D'EXPRESSION FRANÇAISE DE L'ONTARIO; THE LATE PIERRE GENEST; BILL GRAHAM, FORMERLY CANADA'S FOREIGN MINISTER; JEAN-JACQUES FLEURY OF THE SUPERIOR COURT OF JUSTICE; RICHARD PHARAND OF SUDBURY, AND PAUL ROULEAU, LATER A MEMBER OF THE ONTARIO COURT OF APPEAL.
ONE OF THE CRITICAL EVENTS IN THE HISTORY OF THE CREATION OF A BILINGUAL COURT SYSTEM IN ONTARIO WAS THE APPOINTMENT OF ÉTIENNE SAINT-AUBIN AS THE FIRST CO-ORDINATOR OF FRENCH LANGUAGE SERVICES IN THE MINISTRY OF THE ATTORNEY GENERAL. ÉTIENNE SAINT-AUBIN BROUGHT A COMMITMENT AND, INDEED, A PASSION TO THE CAUSE THAT WAS A CONSTANT SOURCE OF INSPIRATION FOR ME AND THE ENTIRE MINISTRY. MY CLOSE FRIENDSHIP WITH ÉTIENNE HAS CONTINUED TO THIS DAY, AND I AM PLEASED TO ONCE AGAIN TO BE ABLE TO RECOGNIZE PUBLICLY HIS IMMENSE CONTRIBUTION.
THE CHALLENGE OF THE CREATION OF A BILINGUAL COURT SYSTEM WAS MADE A LITTLE MORE DIFFICULT BY THE FACT THAT THE FRANCO-ONTARIAN LEGAL COMMUNITY HAD FOR THE MOST PART RECEIVED THEIR LEGAL EDUCATION AT ENGLISH LANGUAGE LAW SCHOOLS. MANY WERE UNCOMFORTABLE PLEADING IN THE FRENCH LANGUAGE GIVEN THEIR ENGLISH LANGUAGE LEGAL EDUCATION, AND THE ALMOST TOTAL ABSENCE OF TEXTS AND PRECEDENTS IN FRENCH.
THE CRITICAL INITIATIVE IN THE UNFOLDING DRAMA WAS THE CREATION OF L'ASSOCIATION DES JURISTES D'EXPRESSION FRANÇAISE DE L'ONTARIO (AJEFO) WITH SOME INITIAL FUNDING ASSISTANCE FROM THE MINISTRY OF THE ATTORNEY GENERAL. THE MANDATE OF THE ASSOCIATION WAS, OF COURSE, TO ENCOURAGE ADVOCACY, PLEADING AND A BROAD USE OF LEGAL DOCUMENTS IN THE FRENCH LANGUAGE. IT HAS PLAYED A CRUCIAL ROLE IN THE EVOLUTION OF A BILINGUAL LEGAL SYSTEM IN ONTARIO. ITS FIRST PRESIDENT, ROBERT PARIS WAS A VERY SPECIAL PERSON WITH A UNIQUE GIFT OF LEADERSHIP. HIS UNTIMELY DEATH DEPRIVED VERY MANY OF US OF A FRIEND AND VALUED COLLEAGUE. I SHALL ALWAYS TREASURE THE MEMORY OF ROBERT PARIS INTRODUCING ME AT THE FIRST AJEFO DINNER AS A U.F.O., WHICH, AFTER A LONG PAUSE, HE EXPLAINED WAS AN UNIDENTIFIED FRANCO-ONTARIAN. I AM ALSO VERY PLEASED TO HAVE HAD THE OPPORTUNITY OF WORKING WITH DANIEL BOIVIN WHEN HE BECAME PRESIDENT OF AJEFO.
I WAS GRATIFIED THAT MY DECADE AS ATTORNEY GENERAL FOR ONTARIO PERMITTED ME TO PARTICIPATE IN THE NEAR COMPLETION OF A BILINGUAL COURT SYSTEM WHICH WAS REFLECTED IN THE NEW COURTS OF JUSTICE ACT IN 1984 BY SECTION 135(1) WHICH PROVIDED THAT "THE OFFICIAL LANGUAGES OF THE COURTS OF ONTARIO ARE ENGLISH AND FRENCH".
I BELIEVE THAT AN ILLUSTRATION OF THE PROGRESS THAT HAS BEEN MADE IS THE FACT THAT THE FIRST APPEAL EVER TO BE TELEVISED IN THE COURT OF APPEAL WAS THE BILINGUAL APPEAL IN THE IMPORTANT MONTFORT HOSPITAL CASE, A FEW YEARS AGO.
I AM ALSO PLEASED THAT MY ORIGINAL TASK FORCE ON PUBLIC LEGAL EDUCATION AS CHIEF JUSTICE OF ONTARIO HAS LED TO THE INCORPORATION OF THE ONTARIO JUSTICE EDUCATION NETWORK AND THAT THE COURTROOMS AND CLASSROOMS INITIATIVE WHERE STUDENTS ARE MET IN THE COURTROOMS BY LAWYERS AND JUDGES HAS INVOLVED ALL OF ONTARIO'S 12 FRENCH LANGUAGE SCHOOL BOARDS.
THE CREATION OF BILINGUAL INSTITUTIONS IS OF COURSE VITAL TO CANADA. TRADITIONALLY, THERE HAVE BEEN TWO APPROACHES WITH GOVERNMENT, ONE ADVERSARIAL AND THE OTHER CONSULTATION WITH PERHAPS AN ETAPE PER ETAPE APPROACH.
IN NEW BRUNSWICK FOR EXAMPLE, THE APPROACH HAS BEEN ADVERSARIAL WHERE THE FRANCOPHONE COMMUNITY HAS OFTEN TAKEN THE PROVINCIAL GOVERNMENT TO COURT. IT IS MY OWN VIEW THAT WORKING WITH GOVERNMENT CAN OFTEN PRODUCE MORE EXPEDITIOUS RESULTS.
I WAS PLEASED TO HEAR DANIEL BOIVIN SPEAK OF THE ONTARIO FRENCH LANGUAGE ADVISORY COMMITTEE HEADED BY THE MINISTRY OF THE ATTORNEY-GENERAL AND SOLICITOR-GENERAL WITH THE APPROPRIATE STAKEHOLDERS AS PART OF THE COMMITTEE.
THE PROTOCOLS RELATED TO THE OPP AND ELDER ABUSE CERTAINLY DEMONSTRATE THE IMPORTANCE OF BRINGING THE RIGHT PEOPLE TO THE TABLE.
BEFORE I CONCLUDE I WOULD LIKE TO COMMENT ON THE REFUSAL OF THE GOVERNMENT OF QUEBEC IN 1981 TO SUPPORT THE AGREEMENT REACHED BY THE FEDERAL GOVERNMENT AND THE OTHER NINE PROVINCES TO THE PATRIATION OF THE CANADIAN CONSTITUTION WITH AN ENTRENCHED CHARTER OF RIGHTS. THIS YEAR IS, OF COURSE, THE THIRTIETH ANNIVERSARY OF THE PATRIATION.
I WAS VERY MUCH INVOLVED IN THE PROCESS AS ONTARIO'S ATTORNEY-GENERAL AND WAS VERY CONCERNED ABOUT THE ABSENCE OF THE QUEBEC GOVERNMENT'S AGREEMENT. THE GOVERNMENT OF ONTARIO HAD TRADITIONALLY BEEN CLOSELY ALLIED WITH QUEBEC WHEN IT CAME TO DEALING WITH THE FEDERAL GOVERNMENT AND THE OTHER PROVINCES.
CANADIAN HISTORY HAS GENERALLY RECORDED THAT OUR FIRST PRIME MINISTER SIR JOHN A. MACDONALD HAD INTENDED THE PROVINCES TO HAVE A MUCH LESSER ROLE THAN WHAT HAS DEVELOPED.
SOME HISTORIANS HAVE DESCRIBED THAT HIS INTENTION WAS THAT THE PROVINCES BE LITTLE MORE THAN GLORIFIED CITY COUNCILS.
IN MY VIEW, SIR JOHN A. WAS A GREAT POLITICAL LEADER BUT, GIVEN THE FACT THAT CANADA WAS CREATED SHORTLY AFTER THE HORRENDOUSLY TRAGIC U.S. CIVIL WAR, HE WAS OBVIOUSLY CONCERNED ABOUT CREATING A STRONGER CENTRAL GOVERNMENT THAN THAT ESTABLISHED IN THE UNITED STATES.
IN ANY EVENT, LEGAL DECISIONS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL IN THE UNITED KINGDOM STRENGTHENED THE LEGISLATIVE AUTHORITY OF THE PROVINCES SIGNIFICANTLY. THIS LARGELY OCCURRED DURING THE LAST QUARTER OF THE NINETEENTH CENTURY. THESE CONSTITUTIONAL CHALLENGES TO THE FEDERAL CANADIAN LEGISLATIVE AUTHORITY WERE MADE COLLABORATIVELY BY ONTARIO AND QUEBEC AND REPRESENT AN IMPORTANT ILLUSTRATION OF THE IMPORTANT HISTORICAL RELATIONSHIP BETWEEN THE TWO PROVINCES.
WHEN RENÉ LÉVESQUE BECAME THE PREMIER OF QUÉBEC IN NOVEMBER OF 1976, I WAS CONFIDENT THAT HIS GOAL OF SOVEREIGNTY ASSOCIATION WOULD BE CONDUCTED IN A DEMOCRATIC FASHION AS INDEED IT WAS.
AT THE SAME TIME, I REMAINED CONFIDENT ABOUT THE FUTURE OF QUÉBEC IN CANADA.
ALMOST TWO YEARS BEFORE THE QUÉBEC REFERENDUM OF 1980, I WROTE AN ARTICLE IN JUNE OF 1978 WITH RESPECT TO THE CHALLENGE OF QUÉBEC TO CANADA'S UNITY, WHICH INCLUDED THE FOLLOWING COMMENTS.
« FOR CANADIANS THE CHALLENGE OF NATIONHOOD IS VERY REAL AS WE DETERMINE THE FUTURE OF OUR CONFEDERATION. YET, THERE ARE FEW CHALLENGES WHICH DO NOT BRING WITH THEM A DEGREE OF OPPORTUNITY, AND THE CHALLENGE TO OUR CONFEDERATION IS NO EXCEPTION.
WHAT WE DO FACE IS A RARE OPPORTUNITY AS A CIVILIZED AND PLURALISTIC NATION TO BUILD A NEW STRUCTURAL RELATIONSHIP IN MATTERS OF GOVERNMENT BETWEEN CANADA'S TEN PROVINCES, OUR FEDERAL GOVERNMENT AND THE INSTITUTIONS WHICH SERVE US ALL.
THE PEOPLE AND PROVINCE OF QUÉBEC HAVE A PROUD AND TRADITIONAL COMMITMENT TO THE MAINTENANCE, ADVANCEMENT AND PROGRESS OF THEIR FRENCH LANGUAGE, CULTURE AND IDENTITY. I NEED NOT STRESS HOW IMPORTANT LANGUAGE, CULTURE AND IDENTITY ARE TO THE SELF-RESPECT, PRIDE AND CONTINUITY OF PEOPLE.
FIVE MILLION FRENCH SPEAKING CANADIANS STAND RATHER ALONE AND SOMEWHAT ISOLATED IN PURELY CULTURAL TERMS ON A CONTINENT OF OVER TWO HUNDRED MILLION ENGLISH SPEAKING PEOPLE. I THEREFORE SUPPORT THE PROPOSITION THAT WE CANNOT ASSURE OR EVEN PROVIDE FOR REASONABLE CULTURAL SURVIVAL IN THIS KIND OF CIRCUMSTANCE WITHOUT SOME PARTICULAR ARRANGEMENTS THAT RELATE TO THE WAY IN WHICH FRENCH SPEAKING QUÉBEC RELATES BOTH PRAGMATICALLY AND CONSTITUTIONALLY WITH THE REST OF CANADA
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THE ELECTION WHICH BROUGHT MR. LÉVESQUE TO POWER IN QUÉBEC BROUGHT TO POWER A PERSON WHO BELIEVED NOT ONLY IN GOOD AND HONEST GOVERNMENT, BUT IN SOVEREIGNTY FOR QUÉBEC; THE VOTERS HAD PRECIOUS LITTLE CHOICE - RE-ELECT A GOVERNMENT THAT HAD LOST THE CONFIDENCE OF THE PEOPLE OR ELECT A NEW GOVERNMENT WITH CAPABLE PEOPLE AND LEADERSHIP WHO PROMISED GOOD GOVERNMENT AND NOT TO PURSUE INDEPENDENCE WITHOUT AN EXPRESS MANDATE THROUGH A REFERENDUM.
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I THEREFORE BELIEVE THAT, DESPITE OUR CULTURAL AND LINGUISTIC DIFFERENCES, DESPITE THE RIGOURS OF CLIMATE AND REGIONAL DISPARITY, WE WILL CONTINUE TO SHARE A COMMON DESTINY. THIS IS A DESTINY THAT HAS OFTEN DEMANDED COMPROMISE, COURAGE AND TOLERANCE FROM US ALL AND THAT SIMPLY IS THE RECORD OF THIS NATION'S HISTORY.
I AM THEREFORE CONFIDENT THAT THE IDEA OF ONE UNITED COUNTRY WILL SURVIVE ANY TEST -- BE IT A REFERENDUM, OR AN ELECTION, SIMPLY BECAUSE WHEN COMPARED TO THE ALTERNATIVES, IT IS PLAINLY AND CLEARLY A FAR BETTER IDEA. »
REGRETTABLY, THE PATRIATION OF OUR CONSTITUTION WITH AN ENTRENCHED CHARTER DID NOT CREATE AS I HAD ALSO WRITTEN A "NEW PATH - ONE BASED UPON A COMPROMISE BETWEEN THE RIGID FEDERALISM OF OUR PAST AND THE REGIONAL AND CULTURAL ASPIRATIONS WHICH CONSTITUTE OUR PRESENT". THE REFUSAL OF THE GOVERNMENT OF QUÉBEC TO BE PART OF THE PATRIATION AGREEMENT HAS CONTINUED TO CREATE CHALLENGES FOR CANADIAN UNITY. HOWEVER I SHALL ALWAYS REGARD RENÉ LÉVESQUE'S ROLE AS THAT OF AN ESSENTIAL DEMOCRAT DESPITE HIS GOAL OF A SOVEREIGN QUÉBEC.
WE NOW HAVE WITNESSED THE ELECTION OF ANOTHER PQ GOVERNMENT IN QUEBEC BUT, FORTUNATELY, WITH A MINORITY AND ONLY @ 33% OF THE VOTES THAT WERE CAST.
HOWEVER, CANADIANS SHOULD NOT BE APATHETIC AS THE SEPARATION MOVEMENT COULD AGAIN BE A MAJOR POLITICAL CHALLENGE FOR THE FUTURE OF OUR NATION.
IN MY VIEW, CANADA WITHOUT QUEBEC IS SIMPLY UNTHINKABLE TO ME AND I DON'T BELIEVE THAT CANADA COULD SURVIVE AS A UNITED COUNTRY WITHOUT QUEBEC.
I THEREFORE CONCLUDE BY STATING THAT I BELIEVE THAT THE UNIVERSITY OF OTTAWA IS A VERY IMPORTANT LINK WITH QUEBEC. THE LAW SCHOOL'S FRENCH LANGUAGE COMMON LAW PROGRAM IS IMPORTANT FOR THE UNITY OF CANADA AND I WOULD LIKE ONCE AGAIN TO THANK THE UNIVERSITY FOR THIS IMPORTANT INITIATIVE.
IL Y A BEAUCOUP D'AUTRES CHOSES QUE JE VOUDRAIS DIRE À CETTE OCCASION SPECIALE, MAIS J'AIMERAIS CONCLURE PAR SOUHAITER À TOUS ICI MES MEILLEURS VOEUX.
MERCI BEAUCOUP
Categories : Justice
Last Update : 2012-10-02
