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September 22, 1997
(Executive Council)

Late on Friday, September 19, 1997, the Province of Newfoundland and Labrador was served with a Statement of Claim by the Roman Catholic Church, in an action before the Supreme Court of Newfoundland. This action attempts to block the amendment of Term 17 of the Constitution, following the September 2, 1997 education referendum. Premier Brian Tobin today issued the following statement:

I am very disappointed that the Roman Catholic Church has gone to court once again to seek to frustrate the process of education reform in this province. This action is, in my mind, a tactic intended to deny the outcome of the democratic process by preventing the amendment of Term 17.

Government called the referendum to seek a clear mandate from the people of the province to end the confusion in education; and to move ahead quickly with much needed reforms, by changing Term 17 to remove churches from the running of schools. When 73 per cent of voters voted "Yes" on September 2, they spoke clearly and decisively in favour of reform of the education system - as did the legislature when, on September 5, it voted unanimously for the education reforms proposed by the government.

In the government's view, the legal case of the Roman Catholic Church is completely without merit. However, government is forced to respond to such actions, which undoubtedly will result in untold costs and years of litigation to defend against them. The efforts and funds so expended could be better spent on education - and not in fighting against actions clearly intended to frustrate reform.

It is now clear that the Roman Catholic Church is unwilling to accept the judgement of the people of the province as expressed by the referendum vote and in the unanimous vote of the legislature.

This will not deter us. I have, today, been speaking with Stephane Dion, the federal Minister for Intergovernmental Affairs. He has assured me that the federal government will bring the constitutional amendment to Term 17 before Parliament in the fall, with a view to completing its consideration by Christmas.

BACKGROUNDER

Province's response to law suit by the Roman Catholic Church
challenging the results of the Education Referendum

• The Government is deeply disappointed and dismayed that the Roman Catholic Church is attempting, through court action, to block the amendment to Term 17 of the Constitution following the September 2, 1997 education referendum.

• On September 2, 1997, the majority of voters indicated by a 73% Yes vote, that they wanted a single school system. By suing over this matter, the church has signalled that it does not accept the results of this democratic process, the judgement of the people as demonstrated on September 2, 1997, nor the will of the legislature which voted in favour of the government's reform proposal on September 5.

• This legal action will consume untold amounts of public money and time, and could tie up the process of education reform for years. This money and time could be better spent implementing changes to the education system, rather than frustrating education reform in this province. It is the view of government that this legal action is without merit.

• Despite this legal action, government will press on with the reform process. The people of this province want education reform. Their wishes will be acted upon.

• Premier Tobin has spoken today with Stephane Dion, federal Minister of Intergovernmental Affairs. The premier received assurances from the federal minister that the amended Term 17 will go before Parliament in the fall, with a view to completing its consideration by Christmas.

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  BACKGROUNDER - LEGAL ISSUES
  Education Court Challenge by Roman Catholic Church

  The provincial government has taken the first step necessary to amend Term 17 in accordance with the wishes expressed by the people in the referendum on September 2.

  The process that must be followed in order to amend Term 17 is set out in the Constitution of Canada. The process requires that the House of Assembly and Parliament pass a Resolution setting out the amendment. The process is completed when the Governor General issues a proclamation.

  The process was begun in the province on September 5 when a resolution to amend the term was passed unanimously by the House of Assembly and forwarded to Parliament.

  On September 19, the provincial Roman Catholic bishops launched a court challenge to the amendment of Term 17.

  The challenge raises three issues. None of these issues has legal merit.

  1. The referendum process. The referendum was held, in accordance with the Elections Act, to obtain an expression of the opinion of the people. However, a referendum is not a part of the amending process which is set out in the Constitution.

  2. Minority rights. The Constitution of Canada sets out a formula for amending a constitutional provision such as Term 17. Provided that process is followed, there are no restrictions on the type or extent of amendment.

  3. The amending formula. The amendment of Term 17 relates to education. It relates only to this province. The amending process applicable to such a matter is being used.