Document Information

Date: n.d. (prob. 1981-11)
By: Unknown
Citation: Cabinet Document, Preferred Options (n.d.).
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S E C R E T

Preferred Options

1. Financial compensation:

This is a critical issue with the Quebec provincial Liberals. In my view it could become a hot issue in Quebec generally and we should try to diffuse it now. This can be done by accepting the following:

(a) a constitutional guarantee of financial compensation for provinces opting out of constitutional amendments dealing with education and other matters relating to culture;

(b) a constitutional obligation, as in the case of natives, to discuss the question of financial compensation where a province exercises its right to opt out in areas other than education and culture, at a conference of First Ministers to be held within a year after the corning in force of the Constitution Act 1981.

2. Mobility rights:

I would do nothing. Quebec possesses all the instruments of intervention that it may require to project the linguistic equilibrium of Quebec in the face of a very unlikely massive migration of English speaking Canadians into Quebec. For example, Quebec could require a good command of French as a condition precedent to the obtaining of a college or university diploma, a good command of French for the practice of any professions in Quebec, or could take measures to encourage the use of French in the work place, etc.

3. Language of Education

We have indicated our willingness to accept the Canada Clause. This was understood to mean at least that we would be prepared not to insist on the mother tongue test in Quebec, and also that we would not insist on imposing on Quebec the right of citizens who do not meet the mother tongue test nor the instruction test, to continue the education of their children in English. In order to implement the concept of the Canada Clause, we would have to provide either:

(a) for a non-obstante on both S. 21 (1)(a) (mother tongue) and S. 23(2) (continuation of instruction) in the case of Quebec, or

(b) at the very least for “an opting in” or a “non-obstante” on the mother tongue test (S. 23(1)(a)).