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The Charlottetown Agreement

Exclusive provincial jurisdiction for the mining industry should be recognized and clarified through an explicit amendment to the Constitution and the negotiation of federal-provincial agreements. As far as forestry is concerned, this should be done in the same way as indicated above. (*) Governments intend to apply this mechanism to future agreements related to Canada`s Assistance Plan. (*) Ironically, two key themes of the agreement would still be the subject of heated discussion many years after his death: interprovincial trade barriers and Senate reform. The federal government, provinces and territories signed the internal agreement in 1994. However, this agreement has had only limited success in removing internal barriers to trade. A broader pact was reached in 2017 with the Canadian Free Trade Agreement. A framework should be developed that controls the use of federal purchasing power in all areas of exclusive provincial jurisdiction. Once developed, the framework could become a multilateral agreement with constitutional protection using the mechanism described in paragraph 26 of this report. The framework should ensure that if federal purchasing power is used in areas of exclusive provincial jurisdiction, it should do so: in fact, all discussions on the general affairs of the country have been significantly improved. First Nations people have been effective advocates at all four bargaining tables and in political discussions. Our delegations were well prepared, technically convincing, very attentive, able to compromise, principled and articulate. Whenever an agreement was reached, she was sincere, respectful and enthusiastic.

Provinces that have negotiated agreements to limit federal purchasing power should be required to ensure that their labour market development programs are consistent with national policy objectives in the context of different needs and circumstances. In the late 1990s and early 2000s, several issues relating to the status of Quebec were followed up by Parliament (for example. B the Clarity Act) or by intergovernmental agreements. In 2006, Canada`s House of Commons passed the Quebec Nation Application, which recognizes French-speaking Quebecers as a nation within a united Canada. Since 2019, there have been no other attempts to settle Quebec`s status through a formal constitutional process. Amendments to the constitutional provisions concerning the Senate should require the unanimous approval of Parliament and provincial parliaments, since the current amendments concerning the House of Commons, including Quebec`s guarantee of 25 per cent of the seats in the House of Commons, and the amendments that can now be made under Section 42, should also require unanimity. This question of identity “of the contemporary character of this extraordinary community” is at the heart of the challenge. When we brought together, in these endless meetings, people who really reflected most of the formal advantages of the country, we found real agreements. This should encourage us. Any application of the mechanism would lose its effects after up to five years, but could be renewed by a vote by Parliament and legislators reinstating similar legislation. Aboriginal governments should have access to this mechanism.

The provision should be available to protect bilateral and multilateral agreements between federal, provincial and territorial governments as well as with Aboriginal governments. A government negotiating an agreement should be treated equally for every government that has already concluded an agreement, taking into account different needs and circumstances. The agreement obliges governments to negotiate self-government agreements; land and resources; the transfer of the portion of Aboriginal programs and services to Metis; and cost-sharing agreements for Metis institutions, programs and services. For all the objectivity you would expect from me, I believe that the decisive factor was the determi- nation and flexibility of the national government. . . .

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