16 - Sunday, October 4, 1992 - North Shore News of nine members, of whom ihree must have been admitted to the bar of Quebec (civil law bar). 19. Nominations and Appointments The Co'.stitution should require the federal government to name judges from lists submitted by the governments of the provinces and territories. A provision should be made in the Constitution for the appointment of interim judges if 2 list is not submitted on a timely basis or no candidate is acceptable. 20. Aboriginal Peoples’ Role The structure of the Supreme Court should not be rodified in this found of constitutional discussions. The role of Aboriginal peoples in relation to the Supreme Court should be recorded in a political accord and should be on the agenda of a future First Ministers’ Conference on Aboriginat issues. (*) Provincial and territoriat governments should develop a reasonable process for consulting representatives of the Aboriginal peoples of ‘Canada in the preparation of lists of candidates to fill vacancies on the Supreme Court. (*} Aboriginal groups should retain the right to make representations to the federal government respecting candidates to fill vacancies on the Supreme Court. (*) The federal government should examine, in consultation with . Aboriginal groups, the proposal that an Aboriginal Council of Elders be entitled to make submissions to the Supreme Court when the court considers Aboriginal issues. (*) C. HOUSE OF COMMONS 21. Composition of the House of Commons ; _ The composition of the House of Commons should be adjusted to bet- ”.” ter refiect the principie of representation by population. The adjustment ~ ‘should include an initial increase in the size of the House of Commons to 337 seats, to be made at the time Senate reform comes into effect. ~ Ontario and Quebec would each be assigned eighteen additional seats, : Eritish Columbia four additional seats, and Alberta two additional Seats, with boundaties fo be developed using the 1991 census. =. 2 An additional special Canada-wide redistribution of seats should be *.” conducted following the 1996 census, aimed at ensuring that, in the first Subsequent general election, no province will have fewer than 95 per “cent of the House of Commons seats it vould receive under strict repre- sentation-by-population. Consequently, British Columbia and Ontasio ‘would each be assigned three additional seats and Alberta two additional seats. As a result of this special adjustment, no province or territory will "=, Jose seats, nor will a province of tenitory which has achieved full repre- "* sentation-by-population have a smalier share of House of Commons Seats than its share of the total population in the 1996 census. ” The redistribution based on the 1996 census and all future redistribu- _._ fions should be governed by the fotiewing constitutional provisions: “~ a) A guarantee that Quebec would be assigned no fewer than 25 “per cent of the seats in the House of Commons; ) ° The current Section 41(b) of the Constitution Act, 1982, the “fixed floor’, would be retained; “¢} - Section StA of the Constitution Act. 1867, the ‘rising floor”, would be repeated; -d) Anew provision that would ensure that no province could have * fewer Commons seats than another province with a smaller population, subject fo the provision in item (a) above; e} The current provision that allocates two seats to the Northwest Temritories and one seat to Yukon would be retained. A permanent formula should be developed and Section 51 of the , should be adjusted to accommodate demo- graphic change, taking into consideration the principles suggested by the Roval Commission on Electoral Reform and Party Financing. 22, Aboriginal Peoples’ Representation The issue of Aboriginal representation in the House cf Commons should be pursued by Parliament, in consultation with representatives of the Aboriginal peoples of Canada, after it has received the final report of the House of Commans Committee studying the recommendations of the Royal Commission on Electoral Reform and Party Financing. (*) D. FIRST MINISTERS’ CONFERENCES 23. Entrenchment A provision should be added to the Constitution requiring the Prime Minister to convene a First Ministers’ Conference at least once a year. The agendas for these conferences should not be specified in the Constitution. The leaders of the territorial governments should be invited to participate in any First Ministers’ Conference convened pursuant to this constitutional provision. Representatives of the Aboriginal peoples of Canada should be invited to participate in discussions on any item on the agenda of a First Ministers’ Conference that directly affects the Aboriginal peoples. This should be embodied in a political accord. (*) The role and responsibilities of First Ministers with respect to the federal spending power are outlined at item 25 of this document. E. THE BANK OF CANADA 24. Bank of Canada The Bank of Canada was discussed and the consensus was that this issue should not be pursued in this round, except for the consensus that the Senate should have a role in ratifying the appointment of its Governor. SPONSIBILITIES: 25. Federal Spending Power A provision should be added to the Constitution stipulating that the Government of Canada must provide reasonable compensation to the government of a province that chooses not to participate in a new Canada-wide shared-cost program that is established by the federal government in an area of exclusive provincial jurisdiction, if that province carries on a program or initiative that is compatible with the nationat objectives. A framework should be developed to guide the use of the federal spending power in all areas of exclusive provincial jurisdiction. Once developed, the framework could become a multilateral agreement that would receive constitutional protection using the mechanism described in item 26 of this report. The framework should ensure that when the federal spending power is used in areas of exclusive provincial _ jurisdiction, it should: a} contribute to the pursuft of national objectives: b) reduce overlap and duplication; 6) not distort and should respect provincia! priorities; and, d) ensure equality of treatment of the provinces, while recognizing their different needs and circumstances. The Constitution should commit First Ministers to establishing such a framework at a future conference of First Ministers. Once it is estabtished, First Ministers would assume a role in annually reviewing progress in meeting the objectives set out in the framework. A provision should be added (as Section 106A(3)) that would ensure that nothing in the section that limits the federal spending power atfects the commitments of Parliament and the Government of Canada that are set out in Section 36 of the Constitution Act, 1982. 26. Protection of Intergovern Yental Agreements The Constitution should be amended to provide a mechanism to ensure that designated agreements between governments are protected from unilateral change. This would occur when Partiamnent and the legistature(s) enact faws approving the agreement. Each application of the mechanism should cease to have’effect after a maximum of five years but could be renewed by 2 vote of Parliament and the iegislature(s) readopting similar legislation. Governments of Aboriginal peoples should have access to this mechanism. The provision should be available to protect both bilateral ani multilateral agreements among federal, provincial and territorial governments, and the govern- ments of Aboriginal peoples. A government negotiating an agreement should be accorded equality of treatment in relation to any goverment which has afready concluded an agreement, taking into account different needs and circumstances. It is the intention of governments to apply this mechanism to future agreements related to the Canada Assistance Plan. (") 27. immigration A new provision should be added to the Constitution committing the Government of Canada to negotiate agreements with the provinces telating to immigration. The Constitution should oblige the federal government to negotiate and conclude within a reasonable time an immigration agreement at the request of any province. A government negotiating an agreement should be accorded equality of treatment in relation to any government which has already concluded an agreement, taking into account different needs and circumstances, * 28. Labour Market Development and Training Exclusive federal jurisdiction for unemployment insurance, as set out in Section 91(2A) cf the Constitution Act, 1867, should not be altered. The federal government should retain exclusive jurisdiction tor income support and its related services delivered through the Unemployment. . Insurance system. Federal spending on job creation programs should be’ protected through a constitutional provision or a political accord (*). Labour market development and ‘raking should be identified in — Section 92 of the Constitution as a matter of exclusive provincial jurisdic- tion. Provincial legislatures should have the authcrity to constrain federal spending that is directly related to labour market development and train- ing. This should be accomplished through justiciable intergovernmenit agreements designed to meet the circumstances of each province. .. At the request of 2 province, the federal government would be obligated to withdraw fram any or all training activities and from any or - all labour market development activities, except Line: , Insurance. The feceral government should be required to negotiate and conciude agreements to provide reasonable compensation to provinces : requesting that the federal government withdraw. . The Govemment of Canada and the goverment of the porice that requested the federal government to withdraw should conckite.. agreements within a reasonable time. Provinces negotiating agreements should be accortied equality treatment with respect to terms and conditions of agreements in reration to any other province that has already concluded an agreemzat, into account the different needs and circumstances of te provinces.” The federal, provincial and territorial goverznents should commit themselves in a political accord to enter ints administrative asTanige= ments to improve efficiency and client service and ensure effective coordination of federal Unemployment Insurance and provincial empioymient functions. (*) As a safeguard, the federal government shoud be required negotiate and conclude an agreement within a reasonable: request of any province not requesting the federal gavenment to ‘with: draw, to maintain its labour market development and training and activities in that province. A simitar safeguard should be to the territories. There should be a constitutional provision for an ongoing federal vole in the establishment of national pobcy objectives for the national aspects of labour market development. National labour market objectives would be established through a process which could out in the Constitution including the obligation for presentation ta : Parliamant for debate. Factors to be considered in the estabéshment of national policy objectives could include items such as national economic conditions, national labour market requirements, national labour market trends and changes in intemationst, conditions. in estabfishing national policy objectives, the government would take into account the different needs and circumstances of the provinces; and there would be a provision the Constitution or in a political accord, committing the fen provincial and territorial governments to support the development - of common orcupational standards, in consuation with ‘employer and emptoyee groups. (*) : Provinces that negotiated agreements to constrain spending power should be obliged fo ensure that their lz market development programs are compatible with the national palicy objectives, in the context of different needs and circumstances.’ Considerations of service to the public in botit official tanguages should be included in a political accord aind be discussed as pat of the negotiation of bilateral agreements. (°} The concems of Aboriginal peoples in-ais fied wil be through the mechanisms set out in item 40 below. . 29. Culture . Provinces should have exctusive juriseiction over cultural matters. within the provinces. This should be recognized through an explicit constitutional amendment that also recognizes the continuing respon sibility of the federal government in Canadian cultural matters. The °~ federal government should retain responsibitty for national cultural institutions, including grants and contributions defivered by these = institutions. The Government of Canada commits to negotiate cultural - agreements with provinces in recognition of their lead responsiaaily for cutturat matters within the province and to ensure that the federal -. government and the province work in harmony. These changes should - Not alter the federal fiduciary responsibility for Aboriginal people. The . * Intergnvernmental agreements on immigration will be covered by the fegal text’ of the Charlottetown Agreement and will be constitutionally protected.