by The Honourable A. Brian Peckford
July 29, 2024
I was a part of the Constitutional talks in 1980 /1/2 that saw equalization become a part of the Constitution. Let’s quote the section of the Constitution :
PART III
Equalization and Regional Disparities
Commitment to promote equal opportunities
- 36 (1) Without altering the legislative authority of Parliament or of the provincial legislatures, or the rights of any of them with respect to the exercise of their legislative authority, Parliament and the legislatures, together with the government of Canada and the provincial governments, are committed to
- (a) promoting equal opportunities for the well-being of Canadians;
- (b) furthering economic development to reduce disparity in opportunities; and
- (c) providing essential public services of reasonable quality to all Canadians.
- Commitment respecting public services
(2) Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation.
Organizations like Project Confederation are calling for it to be abolished , removed from the Constitution. In a recent article the Organization said:
| ‘Instead of tinkering with the divisive equalization program, it needs to be abolished before it tears our country apart.’ |
What will tear the country apart is the pursuit of statements like that!
The Amending formula of the Constitution states that for the Equalization to be abolished it would require the support of seven Provinces.
For the year 2023/24 the Provinces of Nova Scotia, New Brunswick , Prince Edward Island , Quebec , Ontario and Manitoba received equalization.
That’s six Provinces .
And in any year there are at least 5 Provinces in this position.
It would be unusual indeed to see any equalization recipient Province agree to its elimination.
Obviously Quebec would see it as a provocative act and lead to serious separatist actions in that Province.
The formula needs to be changed, there is no doubt.
Some Provinces are going to court to seek changes to the formula arguing the Federal Government has not consulted the Provinces in the latest extension of the Program. While there is nothing specifically in the Constitution about consultation on this , one could argue it is implied and the courts these days being almost eager to cross into Government policy just might do it again The court should really say this idea is for Governments to work out and encourage same.
Organizations like Project Confederation would do well to support formula change and not to seek something that is not within Constitutional reach.
