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National Unity

 


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Terms of Reference


RESOLUTION NO. 164

Be it resolved that:

(a) the House declare pursuant to the Rules and Forms of Procedure of the House of Assembly that a Select Committee on National Unity be established to seek the views of Nova Scotians on the Framework for Discussion which was endorsed by nine Premiers and the two Territorial Government Leaders in Calgary, Alberta, on 14 September 1997, and which is attached to this Resolution as Schedule A;

(b) specifically, the Select Committee shall seek to determine:

i) the views of Nova Scotians on the seven statements describing Canada in the Framework for Discussion;

ii) whether Nova Scotians believe any further statements should be added; and

iii) whether, overall, Nova Scotians can support the Framework for Discussion as a vision of Canada with which they can feel at home;

(c) in seeking the views of Nova Scotians on the Framework for Discussion, the Select Committee shall ask Nova Scotians to take into consideration the points of the Framework of Principles for a Discussion of Relationships between Federal, Provincial and Territorial governments and Aboriginal governments and peoples which was presented to the Premiers and Territorial Leaders by the Leaders of five national Aboriginal organizations in Winnipeg, Manitoba, on 18 November 1997, and which is attached to this Resolution as Schedule B;

(d) the consultation of Nova Scotians shall be undertaken by means of:

(i) public hearings;

ii) receipt of written submissions;

iii) provision of a 1-800 telephone number located in the Committees Office so that Nova Scotians may express their views orally, such views to be summarized in writing and provided to the Select Committee; and

iv) provision of an Internet site, monitored by the Committees Office, so that Nova Scotians may express their views in writing by this manner;

(e) without limiting the right of any person to make a presentation to the Select Committee, the Select Committee may specifically request the views of Aboriginal, cultural and other representative organizations whose views may be of particular relevance to this consultation and may invite these organizations to make a presentation to the Select Committee at the public hearing most convenient for them;

(f) upon conclusion of the hearings, and taking into account the oral and written submissions received, the Select Committee shall, no later than 16 February 1998, report to the House of Assembly with a draft resolution for consideration by the House of Assembly on the subject of the Framework for Discussion;

(g) if the House is not sitting when the report is completed, the Select Committee shall deposit the report with a draft resolution with the Clerk of the House of Assembly and it shall thereupon be deemed to have been laid upon the Table;

(h) pursuant to the Rules and Forms of Procedure of the House of Assembly the Select Committee shall be composed of six persons selected by the Striking Committee, three of whom shall be members of the Government Party, two of whom shall be members of the Official Opposition, and one of whom shall be a member of the third recognized Party in the House, the Chair of the Select Committee to be the person named as such by the Striking Committee;

(i) this House declares pursuant to Section 36 of the House Assembly Act that the Select Committee not be dissolved by prorogation of the House and that the Select Committee is authorized to continue its inquiry after the House is prorogued;

(j) notwithstanding the said Rules or any Rules of the House, the Select Committee of the House is empowered to examine and inquire into all such matters and things that may be referred to the Committee by this House and from time to time report to this House the observations and opinions of the Committee respecting matters and things referred to the Committee and the Committee is further empowered to send for and examine witnesses, papers and records, and to extend to any witness the protection of this House;

(k) the Select Committee shall meet only in the Province and on matters pertaining to its study, review and recommendations;

(l) all the powers and privileges under the House of Assembly Act and amendments thereto and the Rules of the House applicable to standing and select committees while the House is in session shall apply and be of full force and effect during the sittings of the Select Committee;

(m) this House authorizes the Legislature Internal Economy Board on behalf of the Select Committee to employ such members and staff as may be necessary to enable the Select Committee to carry out its duties; and

(n) this House declares that the Legislature Internal Economy Board is authorized to provide the Select Committee, its members and staff with such facilities and funds as are required to carry out their duties and as are provided for by and pursuant to Section 80 of the Public Service Act.

[SCHEDULE A

FRAMEWORK FOR DISCUSSION

Endorsed by nine Premiers and two Territorial Government Leaders, Calgary, Alberta, 14 September 1997

1. All Canadians are equal and have equal rights protected by law.

2. All provinces, while diverse in their characteristics, have equality of status.

3. Canada is graced by diversity, tolerance, compassion and an equality of opportunity that is without rival in the world.

4. Canada's gift of diversity includes Aboriginal peoples and cultures, the vitality of the English and French languages and a multicultural citizenry drawn from all parts of the world.

5. In Canada's federal system, where respect for diversity and equality underlies unity, the unique character of Quebec society, including its French-speaking majority, its culture and its tradition of civil law, is fundamental to the well being of Canada. Consequently, the legislature and Government of Quebec have a role to protect and develop the unique character of Quebec society within Canada.

6. If any future constitutional amendment confers powers on one province, these powers must be available to all provinces.

7. Canada is a federal system where federal, provincial and territorial governments work in partnership while respecting each other's jurisdictions. Canadians want their governments to work cooperatively and with flexibility to ensure the efficiency and effectiveness of the federation. Canadians want their governments to work together particularly in the delivery of their social programs. Provinces and territories renew their commitment to work in partnership with the Government of Canada to best serve the needs of Canadians.

SCHEDULE B

FRAMEWORK OF PRINCIPLES FOR A DISCUSSION OF RELATIONSHIPS

Presented by the Leaders of five national Aboriginal organizations, Winnipeg, Manitoba, 18 November 1997

The five participating National Aboriginal Organizations, the Assembly of First Nations, Congress of Aboriginal Peoples, Métis National Council, the Inuit Tapirisat of Canada, and the Native Women's Association of Canada, affirm the historic and primary fiduciary obligation of the Government of Canada to all Aboriginal Peoples, evidenced by Constitutional, Treaty and Aboriginal rights and invite the Premiers and Territorial Leaders to join with them.

The Aboriginal peoples of Canada have, and enjoy, the inherent right of self-government, a right recognized in S. 35 of the Canadian Constitution and in agreements between the federal government and institutions and governments of the Aboriginal Peoples and in tripartite and other agreements amongst federal, provincial and territorial and Aboriginal governments and peoples.

Provincial, territorial, federal governments and Aboriginal governments and peoples should seek to work together to resolve issues of resource sharing and management in a manner which will promote economic and social development with certainty and public acceptance without extinguishing or diminishing Aboriginal Rights, Treaty Rights and Aboriginal Title.

The re-balancing of Canadian federalism must always be undertaken and accomplished, in a manner which does not derogate from the Aboriginal and Treaty rights and jurisdictions of the Aboriginal peoples of Canada. It also must not diminish, in any way, the fiduciary and Constitutional responsibilities of Canada and its capacity to honour its commitments and obligations to all Canadians, including the Aboriginal peoples. There must be a willingness to enter into partnerships rejecting federal off-loading to the provinces and to Aboriginal governments and peoples in favour, rather, of joint efforts to maximize best possible uses of available resources.

Canada is a federal system in which federal, provincial, territorial governments and Aboriginal governments and peoples work in partnership while respecting each other's jurisdictions, rights and responsibilities. Nothing in the Calgary communiqué can minimize or derogate from that principle or from existing Aboriginal and Treaty rights.

References in the Calgary communiqué to Aboriginal peoples and cultures as one part of Canada's "gift of diversity" must not negate the uniqueness of the place of Aboriginal peoples in Canada, a relationship which finds affirmation in the Treaties and in Part II of the Canadian Constitution.

The Aboriginal peoples of Canada, the first peoples to govern this land, enjoy their own status and rights, including the equality of Aboriginal men and women, and have the right to ensure the integrity of their societies and to strengthen their relationships with their lands. The role of Aboriginal peoples in the protection and development of their languages, cultures and identities is recognized and supported by Canadians.

All governments must be committed to promoting and strengthening identifiable social, political and economic developments which will lead to improved education, housing and infrastructure and to stronger and healthier Aboriginal communities and people, particularly the young and those with special needs.]

 

 


 

 



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