| 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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