RESOLVING OUR CONSTITUTIONAL CHALLENGES

AN OPPORTUNITY AND A NECESSITY

Whereas the current political climate provides an opportunity to discuss constitutional issues that remain unresolved,
Whereas the Supreme Court of Canada in the Quebec Secession Reference has established a new constitutional framework based on the principles of federalism, democracy, constitutionalism and the rule of law, and the protection of minorities,
Whereas this constitutional framework not only provides an opportunity to address the unresolved challenges facing Canada, but also makes it necessary to solve the specific challenges of Quebec’s status within the federation, Senate reform, and Aboriginal self-governance,

1. QUEBEC
Whereas the population of Quebec is dissatisfied with the constitutional status quo and its government has yet to ratify the Constitution Act, 1982,
Whereas the constitutional recognition of the Québécois as a nation within a united Canada would comply with the constitutional principles of federalism, democracy, constitutionalism and the rule of law, and the protection of minorities, and
Whereas such a constitutional recognition would effectively undermine the ability for Quebec to unilaterally secede from Canada,

2. THE SENATE
Whereas the composition of the Senate and the selection method of Senators are outdated and do not represent modern democratic values,
Whereas a constitutional amendment reforming the Senate would comply with the constitutional principles of federalism and democracy, and
Whereas such an amendment would allow for effective provincial representation in Parliament’s Upper House,

3. ABORIGINAL PEOPLES
Whereas Canada’s Aboriginal peoples require meaningful self-governance to address their particular needs,
Whereas a constitutional amendment granting self-governance would comply with the constitutional principles of democracy and the protection of minorities, and
Whereas such an amendment would allow Aboriginal peoples a vital role in the development of Canada,

Therefore,

It is hereby recommended that the Constitution be amended using the general amending formula under section 38 of the Constitution Act, 1982, whereby it would be recognized:

1. That the Québécois form a nation within a united Canada and that the Government of Quebec has a role to play in the preservation and promotion of the distinct nature of the province within Canada;

2. That Senators shall be selected by the federal government based on the recommendation of the provinces, each province selecting candidates following the principles of democracy, constitutionalism and the rule of law, and the protection of minorities; and

3. That Canada’s Aboriginal peoples have a right to exercise meaningful self-governance within a united Canada.

To provide an opportunity for citizen involvement and further refinements of the proposals, the provinces and the federal government shall each initiate broad public consultations on the above-mentioned issues in their respective jurisdictions, whose duration shall not last more than one (1) year.
Based on the input received from these consultations, the provinces and the federal government shall undertake negotiations so as to refine the proposals and agree upon the details needed to achieve the desired and necessary constitutional amendments.
The agreed-upon amendments shall be ratified by the general amending formula under section 38 of the Constitution Act, 1982, within one (1) year of the end of the federal-provincial negotiations.