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| The Campaign for Equality at the New Wave Convention |
THE CAMPAIGN FOR EQUALITY AT THE NEW WAVE CONVENTION
From the age of fourteen to eighteen I was the parliamentary correspondent for the
Whitehorse Daily Star. I am sure that it was a position I held more for "the novelty" of it all-than
any special insight I was able to provide. In any event it gave me an excellent vantage point to
view the turbulent sixties unfold. One of my first assignments was to interview the legendary trial
lawyer and former Canadian Prime Minister John Diefenbaker. He was the driving force behind
the original Canadian Bill of Rights and at the time of my attendance in his stately office he was
the Leader of the Official Opposition in the House of Commons.
The "Chief" expressed the hope that his "Bill" would provide the courts with the authority
to ensure that the rights of all Canadians were respected. The courts did not interpret the Bill of
Rights as giving them such powers. His imitative did inspire the amendment to the Canadian
Constitution some twenty-one years later that would arm the courts with the power to force
Parliament and legislatures to respect the rights of all citizens.
Mr. Diefenbaker impressed upon me the notion that humanity's most significant
accomplishment that distinguished it from all other species was the development of values based
on the recognition of human rights and civil liberties.
I also witnessed the 1968 Liberal convention that elected the architect for the Canadian
Charter of Rights and Freedoms. Pierre Trudeau, as it's leader at the then sparkling new Ottawa
Civic Center. It was on the same night that riots broke out in the ghetto's all across America in
response to the assassination of Martin Luther King in Memphis.
My journalistic days covering the national scene inspired me to attend the University of
Ottawa which was within view of the Peace Tower. This venerable institution was established
alongside the historic Rideau Canal in 1848. It was the only university where Canada's two
founding peoples worked, studied and socialized together. It was also a hotbed for the
nationalism that was taking hold in Quebec.
In addition to obtaining a liberal arts education I hopes to learn French and more
importantly to understand the aspirations of the other "solitude." I had passed my childhood
summers at my parents cottage at Lac Long in the Outaouais. My "Canadian" friends refereed to
me as "l'anglais". Now I was "Canadian" and they were Quebecois".
My years of study at The University of Ottawa were enriched by many of my fellow
students who were on campus at the same time. Some would make major contributions to the
country's cultural life such as Angela Hewitt the internationally recognized pianist, the Pulitzer
Prize winning author Carol Shield, Alex Trebek the acclaimed television broadcaster as well as
the future Supreme Court of Canada Jurist Michael Bastarache. However the students who had
the greatest influence on my life never sought the spotlit. Their contribution to the development
of human and civil rights has never been appreciated.
Over the first couple of months on campus many francophone students and faculty took
the time to bring me up to speed on their grievances and the rise of separatism. They studied,
sang, danced, argued and drank with me. They played Hockey and touch football with me. They
overwhelmed me with their frustration. Eventually I realized that Canada's largest minority had
been wronged by the English Majority. I was disappointed that French Canadians experienced
serious discrimination in their own country because of their language.
Canada is the only major power (2nd largest area and 8th largest economically) in the
history of the world that never attempted to gain influence or territory by force. Canada was the
birth place of John Peters Humphrey, the author of the United Nations' "Universal Declaration of
Human Rights." Canada had a reputation envied around the world for it's peace keeping of its
aboriginal peoples., and it's tradition of prejudice towards immigrants Canada was noted
internationally for respecting the rights and liberties of it's citizens. It appears that the
discrimination suffered by Francophone was the result of benign neglect rather than outright
racism. I wondered if there was effective way in which the rest of the country could be made
aware about this injustice so that it could be corrected. My "Quebecois" Colleagues were of the
view that this was impossible. The only option to them was an independent and separate
Quebec.
The Conquest
When Quebec fell in 1759 Canada became a British colony. French Canadians were
permitted to practice their Catholic religion, maintain their law for civil matters and continue to
speak their language. English soon evolved as the dominate language in Canada as the Loyalists
fled America during the War of Independence (1776-83). When Confederation took place in
1867 it was understood that the rights of the English Minority in Quebec and the French minority
in other provinces would be respected. Education is one of the key elements required to ensure
economic success of a society. Denial of educational opportunities is a serious matter of social
injustice.
In Quebec the English prospered whereas the language rights of Francophone in the rest of
Canada were not respected. By 1970 there were 5 English language universities in Quebec.
There were no French language universities in the rest of Canada although the University of
Ottawa did attempt to provide as many courses as possible in both languages.
Education was free in Quebec from kindergarten to the secondary school diploma. This
was the case in English Ontario public schools as well. However since there were no French
public schools in Ontario, francophone's had to attend Catholic separate schools which were only
subsidized up to grade 10 by the provincial government. As a result French students had to pay
tuition fees to cover the costs of the last three years of their secondary education or attempt to
complete their schooling in English sufficiently to be successful in the public system. Whole
generations of French students would drop out in grade ten and lead lives of humiliating
desperation lacking the skills to complete in a modern economy. Over the years this insidious
form of discrimination economically marginalized many francophone's in the rest of Canada.
"The Silent Revolution"
During the 1960's the "silent revolution" transformed Quebec such that francophone's
became "matire chez nous." Their struggles are elegantly described in Gabrielle Roy's "Bonheur
d'Occasion"(1945) and more graphically in Pierre Vallieres' Negres Blanc d'Amerique"(1968).
Unfortunately the million francophone's who lived outside of Quebec continued to live on the
margins of Canadian Society. This was due to the lack of educational opportunity provided to
them by the provincial governments. Although the federal government encouraged bilingualism
education matters fell under provincial jurisdiction.
The October Crisis
Those autumn days of 1970 on the Sandy Hill Campus of the University of Ottawa opened
my eyes to the possibility that my country could fall apart or experience a civil war due to the
apathy and ignorance of most Canadians to the plight of their partners in Confederation. The
"October Crisis", where cells of the FLQ kidnapped a British diplomat and assassinated a Quebec
cabinet minister resulted in the declaration of the War Measures Act by Pierre Trudeau's
Government and the suspension of civil liberties, for the first time in Canadian history armed
soldiers were posted outside important government institutions all over Ottawa. Some
Francophone students were among the 400 suspected separatists who were arrested and
questioned by the RCMP. Impromptu debates erupted in cafés, pubs, class rooms and student
lounges. Rumors of insurrection and police operatives penetrating clandestine groups spread like
fire. For a couple of months everyone was asking "what do the French want?"
It was Gandhi who stated that "poverty is the worst form of violence." This is even more
so where you have grinding poverty in a wealthy society. Canada was among the world's
wealthiest nations. It's people enjoyed one of the world's highest standard of living. The poorest
part of this rich land included the United Countries of Prescott & Russell in Ontario, the
Arcadian regions of the Maritimes and the Métis' ( the descendants of Louis Riel) parts of the
Prairies. These areas were largely French were denied educational opportunities because of their
language many of them carved out an existence on the fringe of society. Their self esteem
denigrated by generations of poverty. "frenchie" was the guy who pumped gas, picked up the
garbage and lived in the country with a few wrecked automobiles on his front lawn-"for parts"
As a freshman I volunteered, at the same time as Maureen McTeer, to be a reporter for the
"Fulcrum" the English campus newspaper whose editor was Ian Green. I covered students
council meetings, which were presided over initially by Student Federation President Allan Rock,
who would eventually become the Canadian Minister of Justice and then his successor, Hugh
Segal. These meetings often broke out in verbal brawls over language issues, The Falcrum staff
shared space on the ground floor of the old student union building with the staff of the French
newspaper "La Rotunde" including Benoit Allaire and Michel Gratton. Also located on the same
floor was the office of the "Ottaviensis" the student yearbook whose editors Gary Hall and Barry
Carter as well as photographer Jacques Chenail all joined the "equality campaign." Next door to
the student union building was the "Wasteland Coffee House" which provided the best onion
soup, coffee and pastries on campus as well as poetry readings, live folk music and numerous
spontaneous political debates on the future of Canada.
In early November Maureen McTeer approached me about joining the Progressive
Conservative Club on campus. A provincial leadership convention was scheduled for February
1971 to find a successor for Ontario Premier John Roberts who was retiring. It was to be called
the "New Wave Convention" as the ruling Tories were attempting to renew itself with the
electorate. It was her hope to assist in the campaign for Brett Lawrence, a senior cabinet minister
who was the only Easter Ontario candidate. Each University Club was entitled to elect 3
delegates to the Convention at first i was indifferent to the idea as I had no burning interest in
assisting the Tories who had governed Ontario since the Second World War.
The Equality Option
One evening at the student Pub in the basement of historic old Tabaret Hall, while listening to the
separatist radical Fern Carriere rant over the social injustices suffered by "les Quebecois" at the
hands of "les maudits anglais", the "Equality Campaign" was launched. A group of students
decided to make a statement to the people of Canada about the injustices suffered by it's largest
minority. It was decided to use the "Progressive Conservative New Wave Convention" in the
fabled Toronto Maple Leaf Gardens as the venue to declare that the "equality option" was
necessary to address this wrong. To gain official status the "Equality Campaign" needed to take
over the campus P.C. Club and win as many local riding delegate elections as possible. The
fledgling campaign had to recruit a credible French Canadian who was articulate in both
languages. Funds had to be raised, a platform drafted, a brochure printed and alliances formed.
At first the "Equality Campaign" was ridiculed and discouraged. Ian Green, who eventually
would become one of the most senior civil servants in the federal government, failed to support
the project. Hugh Segal who eventually would become the executive assistant to Prime Minister
Brian Mulroney, was already supporting his mentor and eventually winner Education Minister
William Davis. The Younge P.C.'s association was attempting to obtain support for an Osgoode
headquarters. Michel Gratton, who eventually became Prime Minister Mulroney's press officer
also declined our invitation to become involved.
When told to "stay out of it" and "it's none of your business-your not French". The
"Equality Campaign' preserved remembering that Wolfe Tone, who fought to courageously in the
17th century for the rights of Irish Catholics, was a Protestant. It was believed that when civil
and human rights are violated they are the concerns of everybody.
It was with some trepidation that Robert Pharand was approached. A radical separatist who
had been elected as the graduate student representative on the University of Ottawa Board of
Governors as well as a member of the Board of Directors of Pestalozzi College. Robert was a 26
year old Masters student in mathematics as well as National Research Council Scholar. He was
intelligent and was articulate in both English and French. His gold rimmed glasses and almost
James Joyce like features gave him an acceptable academic appearance, At first he was reluctant
to get involved in our campaign as he was afraid that if it was poorly done it would be a set back
for the advancement of Francophone rights.
After many discussions into the small hours of the morning at various campus locations
Pharand was convinced of the viability of the "Equality Campaign." That a strong statement on
the social injustice of denying equal educational access for Francophone's in Canada at the
nationally televised "New Wave Convention" in Toronto could start the process that would end
this cruel discrimination in the country. I must admit I secretly relished the irony of a socialist-
Quebec nationalist addressing an arena full of Tory bankers and lawyers.
The group now included Allaire and Chapin who were the speech writers, Barry Carter and
Gary hall, who were the main organizers, Jacques Chenail the "Equality Campaign's" publicist as
well as the candidate and myself who was selected to nominate him be default. I was the
youngest member of the group and nobody else wanted to deliver the nomination speech...I
always thought that I was asked to give the speech because I had no other responsibility except
to witness the work of everybody else.
Business student Ron McLaughlin was the "Equality Campaign" advisor on education
policy. Two Carleton University students Dave Muller and Bill Newmwna joined our team.
Eventually it grew to a group of fifteen students when Michel Taschereau, Dominque Perreault,
Wilma Merman, Robert Fortin and Sam Cardiralli joined as well.
The "Equality Campaign" had less than three months to prepare for the "New Wave
Convention." It seemed an impossible task...My colleagues were all inexperienced full time
university students in seriously competitive academic programs. Out of necessity individual
sacrifices were made, At first it was dates missed, lectures skipped and assignments not handed
in. Soon the "Equality Campaign" took over the students lives. Part time jobs were lost as were
scholarships-relationship were terminated Grade-Point-Averages suffered major melt downs.
Sadly, for some dreams of becoming a doctor or going into law school faded away. For others
friendships were destroyed forever as a "freshman" I would be able to recover. Academically I
was a witness to their determination. For me it was an incredible adventure. For them it was a
mission. I will always remember their sacrifices and their willingness to forge ahead because they
believed it was the right thing to do.
The "Equality Team" took over the campus P.C. Club winning all three delegate seats to
the disappointment of Maureen McTeer, who did not appreciate our ruthless Machiavellian
manoeuvre. She eventually married Joe Clark, the Member of Parliament who went on to
become Prime Minister of Canada. She never spoke to me again.
The group attended local riding meetings and elected a few more convention voting
delegates. A televised press conference in Hugh Segal's student Federation President's Office
while he was in Toronto and his secretary was at lunch. It was even arranged to have
photographs of former Conservative Prime Minister John Diefenbaker and the National P.C.
Leader Robert Stanfield as back drop for the C.B.C and C.T.V. cameras. Most importantly we
were able to convince the candidate to wear a tie.
The campaign got off to a slow start. Eventually the national media became interested in
the cause probably because it was so different to the other 5 candidates who were all senior
cabinet ministers who were promising more of the same 'solid progressive government'. Perhaps
the turning point was when Robert Pharand gave a passionate speech at the All candidate
meeting in Ottawa which outlined a platform to provide equal educational opportunities for
francophone's. It received positive media coverage. The "Le Droit", the only French language
daily newspaper access for francophone's as well as our candidate. The coalition for public
funding of Catholic separate schools announced that they were sending bus loads of students
from all over the province to the New Wave Convention to support equal funding of separate
schools. Such legislation would in effect extend equal education funding for Francophone's to
grade 13.
To raise money for the "Equality Campaign" P.C. headquarters in Toronto was petitioned
for funds only to be denied. The University of Ottawa Student Federation gave a small monetary
donation. Most of us covered our own expenses. I sold my beloved metal hart skis for $70.00.
Some money was raise by throwing campus parties and selling beer. Our total budget was
$196.00
The "Equality Campaign: left Ottawa's new ultra modern Alta Vista station on the morning
of February 10th 1971. The train ride to Toronto was festive with a lot of nervous energy being
shared by a group of youths with a mission. Passions were aroused as the group truly believed
that it was doing something worthwhile. A group of French and English students singing
Canadian folk songs as they made their way to the center of economic power in the country.
Although the couch was next to the bar car we all drank from our own private reserves as we did
not have enough money to afford the more expensive alcohol sold on the train.
Toronto Union Station on Front Street. Luggage was gathered then everyone walked over to the
Lord Simcoe Hotel.
Shortly after we were on our rooms; there was a knock on our door. I was worried. We
had fifteen persons in three rooms. According to the hotel policy we were supposed to be two to
a room. I looked at Robert, he looked at me.
"Who is it?" I said
"The Ontario Provincial Police" came the stern reply.
I looked around the room as everybody began to hide their beer bottles. Back in those days
21 was the drinking age and only the candidate was of age. I opened the door and stepped out. I
was told there had been death threats made against us to a Toronto radio station. The Solicitor
General had decided to provide us with a four man police detail to ensure that we were safe. I
went back into the room and told everybody about the threat and asked if anybody wanted out-
now was the time? This was followed by a full minute of silence when Gary Hall finally said:
"were all staying- the can leave"
The police detective replied:
"we're staying"
Sensing our unease the police officer then pulled out a flask of vodka and offered it to Gary-it
was at that moment that Benoit Allaire opened the washroom door and while looking at Barry's
girlfriend Wilma said:
"je pense la partie a commence."
-and everybody started talking and laughing. At that moment I noticed that the television was on,
although the sound was turned down. A grainy old black and white news clip from the
proceeding autumn was being broadcast. If featured the police discovery of the murdered body
of the Quebec Minister of Labour Pierre Laporte in the trunk of a parked automobile.
The New Wave Convention
The walk to Maple Leaf Gardens on Carleton Street was not far. It would be the first time
I would ever be in this hockey shrine where my childhood hero, Frank Mahovlich, had led his
team to four Stanley Cups The mission of the "Equality Campaign" was far more important than
any game. An attempt to build bridges between Canada's two main linguistic groups was
underway. More importantly the group was committed to ending a serious breach of
francophone's human rights.
I wore my striped blue dress shirt-the only one I owned with a matching knit tie purchased
at the Mayflower second hand store on Laurier street. I did not own a suit or even a sports
jacket it was decided that we were not to appear "threatening" or even "radical" as our message
was one of hope not despair our audience after all was the Progressive Conservative Party. I
burrowed my younger brother's sandy coloured suede jacket which I wore with my dark
coloured corduroy bell bottomed slacks and my old desert boots. Wilma thought I looked
"presentable" like the clerks at Bata Shoe store on Ottawa's famous Spark Street Mall. I was
getting a head start on the seventies which would be remembered as a bad taste decade as far as
fashion was concerned.
The nomination speech was written by the group collectively. Mindful that we only had
eight minutes to give our message. Their were many drafts many arguments before it was
completed. I was never more afraid in my life as I climbed the stairs to the podium to give the
nomination speech in front of 7,000 people in the "Gardens" and many more on television.
I wondered if their was some anti French fanatic in the crowd with a rifle. I prayed that this
was not to be mu place of "Golgotha". As planned I spoke at first in French provoking a loud
angry outburst of boos. I then switched to English: Due to the TV lights and my brother's suede
jacket I found it extremely hot and I was sweating profusely. The fear and heat created an
unintended dramatic impression of great urgency in the speech.
"In Canada we take pride in our right to free speech. I would hope that I would receive as
warm a reception if I addressed a Party Quebecois convention in Quebec in English"
The jeers changed to warm applause and I continued:[after all I had the politically sensitive
audience hostage - they were aware that the convention was being broadcast nationally]
"We have taken time from our studies to come and ask you- the ruling political party in Canada's
richest province - to show tolerance to our country's largest minority. Our candidate will outline a
program for equal educational rights for francophone's. Such a program will end a degrading
breach of civil and human rights. It will demonstrate to the people of Quebec that the French
Canadians are a truly equal partner in Confederation"
As I spoke the 3000 separate school students who packed the upper seats of the arena
cheered loudly moving the originally reluctant delegates sitting in the lower seats to applaud as
well. I warned the delegates that nationalism and separatism in Quebec are being fueled by
English Canada's failure to acknowledge the discrimination against francophone's especially in
education.
I remind the delegates that this was supposed to be "the New Wave Convention" I
challenged them: "the only truly "new idea: before them was the notion of equal access to
educational opportunities for francophone's. Perhaps older societies have made superior
contributions to the world in arts, Literature and science. It is Canada's place to lead humanity
towards tolerance. I concluded that:
"Québec will never feel a part of Canada unless we respect the rights of our partners in
Confederation."
Our candidate was the only one without a "demonstration." All our cabinet ministers
opponents had professionally organized demonstrations featuring high school cheer leaders
following clowns and honky tonk marching bands for eight minutes each. Instead the delegates
heard the only standing ovation of the night propelled largely from the separate school students
who "surround sounded" the delegates. The warm enthusiastic cheers cascaded don from the
cheap seats where the students hearts pounded their youthful voices full of passion they moved
most delegate who were impressed with the dignity of it all.
The delegates listened to Robert Pharand eloquently outline the grievances of French
Canadians. Passionately he made the power brokers of Canada's wealthy elite listen to our cry
for French equality in our schools and Universities. It was almost surreal to see him speak to the
heart of English Canada. Some people have since said it was this night that saw the beginning of
the end of old "Orange Ontario" and the start of a new era of tolerance toward francophone's
and all minorities. The corpse of the "Upper Canada Family Compact" was buried even in the
Old "Tory" party on February 12th, 1971.
After the speech all the candidates and their managers met with the Chairperson of the
convention, Alan Eagleson, in the old "Hockey stove lounge." Eagleson would gain praise for
organizing the 72Russia/Canada hockey summit Series. Thirty years later he would be sentenced
to jail for defrauding Bobby Orr and other hockey stars. That night he was given a rough ride by
the party establishment because the convention computers for counting the ballot's had broken
down.
During this meeting the other candidates all congratulated the "Pharand team" on our
campaign. Eagleson advised us that we would be reimbursed for our efforts. A few weeks after
the convention we received a check for $712.00. The Lord Simcoe Hotel also announced that
they were not going to charge us for our rooms.
Due to the computer problems the announcement of the victory of Premier Elect Davies was
postponed until late in the evening. Notwithstanding his delay the "Gardens" was still packed.
The cheers from the thousands of party supporter for the Premier elect rained down on the
podium where all the leadership candidates and managers had gathered. The applause and shouts
of "Davies......Davies......Davies" had a deafening effect.
At first I didn't realize that Ontario's new leader was speaking to me. Over the roar of the
crowd I am positive I heard him say:
"You are right in your beliefs...only a little ahead of your time"
As he turned towards the dais to acknowledge the cheers of the crowd. I think I heard him
say:
"I promise you that your grievances will be addressed during my tenure as Premier"
I remember wondering afterwards that it was impossible - surely the new premier did not make a
promise to the only person on the platform that night, who did not have a full time job to go
back to after the convention. I never met or spoke to Premier Davies again.
On Valentine's Day 1971 exhausted we left Toronto as we came- by train. History had
taught us that the railway helped build Canada "A mari usque ad mare" A we made tracks back
to the nation's capital the 15 of us were content and shared a sense that we had accomplished
something significant not only for our country but for humanity.
Like victorious soldiers returning from the battle field we all sensed how fervent our
common experience had been. How we were able to put our petty differences aside to advance
our message of equal educational opportunities for francophone's. We all returned to Ottawa to
our exams, our relationships, our quiet lives. We had all come from different faculties and would
never meet as a group again. If we happened to see each other on campus we would
acknowledge one and another with an almost shy wave and always a warm smile. Over time we
lost track of each other. None of 15 pursued a career in politics or public life. All had ambitions
to lead meaningful but not "loud" lives. All would leave a positive mark on the development of
Human and Civil Rights.
As for me after completing my undergraduate studies I attended law school.
Constitutional affirmation of francophone's tights to education.
As I watched the Convention wind down I noticed CBC television journalist Norman
Depoe commenting positively on:
"the breath of fresh air from those university students who bravely confronted Canada with
it's most important national political issue"
In the first spoiled ballot we only had 13 votes and as expected finished last out of the six
candidates. However we believed we had done what we had set out to do. The media praised
our message. John Waugh of the Toronto Telegram wrote that:
"....{The Equality Campaign]....had convinced the delegates of their courage and the
seriousness of their platform...on a shoestring budget...a 19 year old campaign manager...and a
naive team."
One of the students was quoted in Canada's leading conservative newspapers the "Old
Telly":
"I felt it was something worthwhile I could do. We have shown that Ontarians are willing to listen
to a French minority viewpoint."
The Canadian Press was told that:
"the intelligent and decent reception for our message for equality rights for francophone's
reaffirmed our faith in the party."
it was also reported that:
"...Mr. Pharand almost stole the show with the most meaty speech delivered with
confidence in English and French. It was interrupted many times with applause, some of it
general. He thanked the party and the delegates for giving him a fair and sincere opportunity to
deliver his viewpoint on behalf of the young and francophone's. The student mathematician
obtained a surprisingly enthusiastic response for his call for extension of aid to separate high
schools. His proposal for a French uni lingual university was also well received."
The "Le Droit" reported that: "Pharand's speech was the most impressive at the "New
Wave Convention."
Bill Webb of The Fulcrum wrote that:
"[Pharand}....won the attention of the people of Ontario and gave voice to the views of
many who had previously not been heard. Pharand and his staff were continually congratulated
by the people at the convention. Eill this response to their ideas last and become an integral part
of the Ontario?"
Legacy
In 1976 I graduated from Law School the same year that for the first time a separatist
Government was elected in Quebec. Under the leadership of the colourful Rene Levesque.
Thirty-two years of successive Quebec governments ignored the plight of francophone's in
the other Canadian provinces. In 1981 and 1995 they held referendums to break up Canada.
Although the separatists lost both votes the second one was very close. The leader of the federal
side was Jean Charest.
On April 17th 1982 Prime Minister Trudeau initiated thee amendment to the Canadian
Constitution to include a Charter of Rights and Freedoms guaranteeing, among other things,
equality rights for those who spoke either of Canada's official languages.
The legal profession held it's breath. Would Trudeau's "Charter" prove to be as ineffective
in protecting individuals rights as Diefenbaker's "Bill"? All across Canada applicants flooded the
courts with claims of their rights being violated. It was an exciting time to be a civil libertarian
lawyer.
On behalf of Lawrence Bryant, a client of mine, I argued before The Ontario Court of Appeal
that his constitutional right to a jury trial on a serious criminal charge was violated.
After the hearing I left Osgoode Hall on Queen Street and wandered over to Carlton Street
where Maple Leaf Gardens was still standing. In the cool early Toronto evening i reminisced
about those "students" at the "New Wave Convention” so many years before.
And so it was to come to John Diefenbaker's dream came true. In 1984 for the first time a
Canadian appellate court held that the Charter was the supreme law of Canada and declared a
section of Federal legislation as being null and void as it violated my client's rights and all more
importantly it established the process in which the courts would use the "Charter" to ensure that
government in Canadian Human and Civil Rights Litigation. It paved the way for other courts to
follow. No longer could Canadian governments bully citizens without respecting their
constitutional rights.
Fifteen years after the New Wave Convention, in the last days before he retired, Premier
William Davies as reported in The Canadian Encyclopedia(2000) "startled" the people of Ontario
when he initiated the legislation that paved the way for equal educational opportunities for all
francophone's.
The Ontario Court of Appeal affirmed the constitutionality of the Davies' Government;s
new policy that every francophone (and anglophone) student in the province has a right to
education in his or her mother tongue. His party later that same year was defeated at the polls for
the first time in 42 years.
I remember reflecting that perhaps the Ontario electorate was still not ready to respect the
rights of francophone's. I was happy when I understood that Davies' equal opportunity to
education policy became entrenched in Ontario. The following year the Supreme Court of
Canada confirmed the constitutionality of Ontario's extension of full public funding to Catholic
high schools. The Court was of the opinion that the province was merely restoring to the
Catholic community constitutional rights which had been unjustly removed in judicial decisions in
the late 1920's.
By the new millennium Ontario francophone's were well served with equal access to
education at all levels in their own language. The University of Ottawa is now regarded as among
the world's finest and largest bilingual universities. It is a magnate for young Canadians who
believe in their country, with more federal cabinet graduating from it's faculties than from any
other post secondary institution in Canada. Students from both of Canada's founding linguistic
groups mingle in a atmosphere of tolerance and respect with new Canadians and foreign
students from all over the world.
Toronto was no longer "Hog Town" it has blossomed into a vibrant cosmopolitan city
where all Canadians can feel welcome no matter what language they speak.
Thirty-two years and two months after the "New Wave Convention" had ended in
Toronto, the people of Quebec had elected a government with a commitment to making Canada
work. In the summer of 2003 Quebec Premier Charest initiated a "Council of the Federation"
which was supported by all the other provincial leaders. In August 2003 Quebec's
intergovernmental minister Benoit Pelletier announced that his government was prepared to offer
support for francophone's in other parts of Canada.
Quebecer's are slowly starting to realize that they are no longer discriminated against in the
rest of the country, and that francophone's have acquired equal rights and opportunities in nine
other provinces and three territories
It would be a gross simplification to conclude that the efforts of those young students
changed the course of Canadian History - there were many others who contributed to preserving
Confederation. More significantly was the impact the "Equality Campaign" had on human rights/
The struggle for human and civil rights is as old as history of humanity. Many of the steps
forward were made by ordinary persons such as Rosa Parks. It was on December 1st 1955 that
the 42 year old black, Montgomery Alabama seamstress who made $23.00 a week, refused to
give up her seat to a white man when ordered to do so by the bus driver. Her "stubborn refusal"
is often credited as the event that launched the Civil Rights movement in the United States that
led to the end of segregation.
Two years later nine black students attempted to desegregate the all white Central High
School in Little Rock only to be met by a historic crowd as well as a barricade of National
Guardsmen called out by Arkansas Governor Orval Faubus.
The determination of Rosa Parks and the courage of those nine Arkansas students are part
of the American Civil Rights heritage.
In typical Canadian style the efforts of the 1972 "Equality Campaign" has almost been
forgotten. As the only "freshman" to witness the sacrifices of those students so many years ago
perhaps it is my responsibility to remember it and to share it with others who care about the unity
of Canada and notion that "all people should be treated equally."
I believe that new era of constructive tranquility appears to have captured the national
political agenda. This is in part the legacy of ordinary Canadians like those 15 students who rode
the rails to Toronto in the dark of winter so many years ago. I know I will always remember
them for their tolerance, their quiet courage in attempting to reach out and touch the other
"solitude".
From the age of fourteen to eighteen I was the parliamentary correspondent for the
Whitehorse Daily Star. I am sure that it was a position I held more for "the novelty" of it all-than
any special insight I was able to provide. In any event it gave me an excellent vantage point to
view the turbulent sixties unfold. One of my first assignments was to interview the legendary trial
lawyer and former Canadian Prime Minister John Diefenbaker. He was the driving force behind
the original Canadian Bill of Rights and at the time of my attendance in his stately office he was
the Leader of the Official Opposition in the House of Commons.
The "Chief" expressed the hope that his "Bill" would provide the courts with the authority
to ensure that the rights of all Canadians were respected. The courts did not interpret the Bill of
Rights as giving them such powers. His imitative did inspire the amendment to the Canadian
Constitution some twenty-one years later that would arm the courts with the power to force
Parliament and legislatures to respect the rights of all citizens.
Mr. Diefenbaker impressed upon me the notion that humanity's most significant
accomplishment that distinguished it from all other species was the development of values based
on the recognition of human rights and civil liberties.
I also witnessed the 1968 Liberal convention that elected the architect for the Canadian
Charter of Rights and Freedoms. Pierre Trudeau, as it's leader at the then sparkling new Ottawa
Civic Center. It was on the same night that riots broke out in the ghetto's all across America in
response to the assassination of Martin Luther King in Memphis.
My journalistic days covering the national scene inspired me to attend the University of
Ottawa which was within view of the Peace Tower. This venerable institution was established
alongside the historic Rideau Canal in 1848. It was the only university where Canada's two
founding peoples worked, studied and socialized together. It was also a hotbed for the
nationalism that was taking hold in Quebec.
In addition to obtaining a liberal arts education I hopes to learn French and more
importantly to understand the aspirations of the other "solitude." I had passed my childhood
summers at my parents cottage at Lac Long in the Outaouais. My "Canadian" friends refereed to
me as "l'anglais". Now I was "Canadian" and they were Quebecois".
My years of study at The University of Ottawa were enriched by many of my fellow
students who were on campus at the same time. Some would make major contributions to the
country's cultural life such as Angela Hewitt the internationally recognized pianist, the Pulitzer
Prize winning author Carol Shield, Alex Trebek the acclaimed television broadcaster as well as
the future Supreme Court of Canada Jurist Michael Bastarache. However the students who had
the greatest influence on my life never sought the spotlit. Their contribution to the development
of human and civil rights has never been appreciated.
Over the first couple of months on campus many francophone students and faculty took
the time to bring me up to speed on their grievances and the rise of separatism. They studied,
sang, danced, argued and drank with me. They played Hockey and touch football with me. They
overwhelmed me with their frustration. Eventually I realized that Canada's largest minority had
been wronged by the English Majority. I was disappointed that French Canadians experienced
serious discrimination in their own country because of their language.
Canada is the only major power (2nd largest area and 8th largest economically) in the
history of the world that never attempted to gain influence or territory by force. Canada was the
birth place of John Peters Humphrey, the author of the United Nations' "Universal Declaration of
Human Rights." Canada had a reputation envied around the world for it's peace keeping of its
aboriginal peoples., and it's tradition of prejudice towards immigrants Canada was noted
internationally for respecting the rights and liberties of it's citizens. It appears that the
discrimination suffered by Francophone was the result of benign neglect rather than outright
racism. I wondered if there was effective way in which the rest of the country could be made
aware about this injustice so that it could be corrected. My "Quebecois" Colleagues were of the
view that this was impossible. The only option to them was an independent and separate
Quebec.
The Conquest
When Quebec fell in 1759 Canada became a British colony. French Canadians were
permitted to practice their Catholic religion, maintain their law for civil matters and continue to
speak their language. English soon evolved as the dominate language in Canada as the Loyalists
fled America during the War of Independence (1776-83). When Confederation took place in
1867 it was understood that the rights of the English Minority in Quebec and the French minority
in other provinces would be respected. Education is one of the key elements required to ensure
economic success of a society. Denial of educational opportunities is a serious matter of social
injustice.
In Quebec the English prospered whereas the language rights of Francophone in the rest of
Canada were not respected. By 1970 there were 5 English language universities in Quebec.
There were no French language universities in the rest of Canada although the University of
Ottawa did attempt to provide as many courses as possible in both languages.
Education was free in Quebec from kindergarten to the secondary school diploma. This
was the case in English Ontario public schools as well. However since there were no French
public schools in Ontario, francophone's had to attend Catholic separate schools which were only
subsidized up to grade 10 by the provincial government. As a result French students had to pay
tuition fees to cover the costs of the last three years of their secondary education or attempt to
complete their schooling in English sufficiently to be successful in the public system. Whole
generations of French students would drop out in grade ten and lead lives of humiliating
desperation lacking the skills to complete in a modern economy. Over the years this insidious
form of discrimination economically marginalized many francophone's in the rest of Canada.
"The Silent Revolution"
During the 1960's the "silent revolution" transformed Quebec such that francophone's
became "matire chez nous." Their struggles are elegantly described in Gabrielle Roy's "Bonheur
d'Occasion"(1945) and more graphically in Pierre Vallieres' Negres Blanc d'Amerique"(1968).
Unfortunately the million francophone's who lived outside of Quebec continued to live on the
margins of Canadian Society. This was due to the lack of educational opportunity provided to
them by the provincial governments. Although the federal government encouraged bilingualism
education matters fell under provincial jurisdiction.
The October Crisis
Those autumn days of 1970 on the Sandy Hill Campus of the University of Ottawa opened
my eyes to the possibility that my country could fall apart or experience a civil war due to the
apathy and ignorance of most Canadians to the plight of their partners in Confederation. The
"October Crisis", where cells of the FLQ kidnapped a British diplomat and assassinated a Quebec
cabinet minister resulted in the declaration of the War Measures Act by Pierre Trudeau's
Government and the suspension of civil liberties, for the first time in Canadian history armed
soldiers were posted outside important government institutions all over Ottawa. Some
Francophone students were among the 400 suspected separatists who were arrested and
questioned by the RCMP. Impromptu debates erupted in cafés, pubs, class rooms and student
lounges. Rumors of insurrection and police operatives penetrating clandestine groups spread like
fire. For a couple of months everyone was asking "what do the French want?"
It was Gandhi who stated that "poverty is the worst form of violence." This is even more
so where you have grinding poverty in a wealthy society. Canada was among the world's
wealthiest nations. It's people enjoyed one of the world's highest standard of living. The poorest
part of this rich land included the United Countries of Prescott & Russell in Ontario, the
Arcadian regions of the Maritimes and the Métis' ( the descendants of Louis Riel) parts of the
Prairies. These areas were largely French were denied educational opportunities because of their
language many of them carved out an existence on the fringe of society. Their self esteem
denigrated by generations of poverty. "frenchie" was the guy who pumped gas, picked up the
garbage and lived in the country with a few wrecked automobiles on his front lawn-"for parts"
As a freshman I volunteered, at the same time as Maureen McTeer, to be a reporter for the
"Fulcrum" the English campus newspaper whose editor was Ian Green. I covered students
council meetings, which were presided over initially by Student Federation President Allan Rock,
who would eventually become the Canadian Minister of Justice and then his successor, Hugh
Segal. These meetings often broke out in verbal brawls over language issues, The Falcrum staff
shared space on the ground floor of the old student union building with the staff of the French
newspaper "La Rotunde" including Benoit Allaire and Michel Gratton. Also located on the same
floor was the office of the "Ottaviensis" the student yearbook whose editors Gary Hall and Barry
Carter as well as photographer Jacques Chenail all joined the "equality campaign." Next door to
the student union building was the "Wasteland Coffee House" which provided the best onion
soup, coffee and pastries on campus as well as poetry readings, live folk music and numerous
spontaneous political debates on the future of Canada.
In early November Maureen McTeer approached me about joining the Progressive
Conservative Club on campus. A provincial leadership convention was scheduled for February
1971 to find a successor for Ontario Premier John Roberts who was retiring. It was to be called
the "New Wave Convention" as the ruling Tories were attempting to renew itself with the
electorate. It was her hope to assist in the campaign for Brett Lawrence, a senior cabinet minister
who was the only Easter Ontario candidate. Each University Club was entitled to elect 3
delegates to the Convention at first i was indifferent to the idea as I had no burning interest in
assisting the Tories who had governed Ontario since the Second World War.
The Equality Option
One evening at the student Pub in the basement of historic old Tabaret Hall, while listening to the
separatist radical Fern Carriere rant over the social injustices suffered by "les Quebecois" at the
hands of "les maudits anglais", the "Equality Campaign" was launched. A group of students
decided to make a statement to the people of Canada about the injustices suffered by it's largest
minority. It was decided to use the "Progressive Conservative New Wave Convention" in the
fabled Toronto Maple Leaf Gardens as the venue to declare that the "equality option" was
necessary to address this wrong. To gain official status the "Equality Campaign" needed to take
over the campus P.C. Club and win as many local riding delegate elections as possible. The
fledgling campaign had to recruit a credible French Canadian who was articulate in both
languages. Funds had to be raised, a platform drafted, a brochure printed and alliances formed.
At first the "Equality Campaign" was ridiculed and discouraged. Ian Green, who eventually
would become one of the most senior civil servants in the federal government, failed to support
the project. Hugh Segal who eventually would become the executive assistant to Prime Minister
Brian Mulroney, was already supporting his mentor and eventually winner Education Minister
William Davis. The Younge P.C.'s association was attempting to obtain support for an Osgoode
headquarters. Michel Gratton, who eventually became Prime Minister Mulroney's press officer
also declined our invitation to become involved.
When told to "stay out of it" and "it's none of your business-your not French". The
"Equality Campaign' preserved remembering that Wolfe Tone, who fought to courageously in the
17th century for the rights of Irish Catholics, was a Protestant. It was believed that when civil
and human rights are violated they are the concerns of everybody.
It was with some trepidation that Robert Pharand was approached. A radical separatist who
had been elected as the graduate student representative on the University of Ottawa Board of
Governors as well as a member of the Board of Directors of Pestalozzi College. Robert was a 26
year old Masters student in mathematics as well as National Research Council Scholar. He was
intelligent and was articulate in both English and French. His gold rimmed glasses and almost
James Joyce like features gave him an acceptable academic appearance, At first he was reluctant
to get involved in our campaign as he was afraid that if it was poorly done it would be a set back
for the advancement of Francophone rights.
After many discussions into the small hours of the morning at various campus locations
Pharand was convinced of the viability of the "Equality Campaign." That a strong statement on
the social injustice of denying equal educational access for Francophone's in Canada at the
nationally televised "New Wave Convention" in Toronto could start the process that would end
this cruel discrimination in the country. I must admit I secretly relished the irony of a socialist-
Quebec nationalist addressing an arena full of Tory bankers and lawyers.
The group now included Allaire and Chapin who were the speech writers, Barry Carter and
Gary hall, who were the main organizers, Jacques Chenail the "Equality Campaign's" publicist as
well as the candidate and myself who was selected to nominate him be default. I was the
youngest member of the group and nobody else wanted to deliver the nomination speech...I
always thought that I was asked to give the speech because I had no other responsibility except
to witness the work of everybody else.
Business student Ron McLaughlin was the "Equality Campaign" advisor on education
policy. Two Carleton University students Dave Muller and Bill Newmwna joined our team.
Eventually it grew to a group of fifteen students when Michel Taschereau, Dominque Perreault,
Wilma Merman, Robert Fortin and Sam Cardiralli joined as well.
The "Equality Campaign" had less than three months to prepare for the "New Wave
Convention." It seemed an impossible task...My colleagues were all inexperienced full time
university students in seriously competitive academic programs. Out of necessity individual
sacrifices were made, At first it was dates missed, lectures skipped and assignments not handed
in. Soon the "Equality Campaign" took over the students lives. Part time jobs were lost as were
scholarships-relationship were terminated Grade-Point-Averages suffered major melt downs.
Sadly, for some dreams of becoming a doctor or going into law school faded away. For others
friendships were destroyed forever as a "freshman" I would be able to recover. Academically I
was a witness to their determination. For me it was an incredible adventure. For them it was a
mission. I will always remember their sacrifices and their willingness to forge ahead because they
believed it was the right thing to do.
The "Equality Team" took over the campus P.C. Club winning all three delegate seats to
the disappointment of Maureen McTeer, who did not appreciate our ruthless Machiavellian
manoeuvre. She eventually married Joe Clark, the Member of Parliament who went on to
become Prime Minister of Canada. She never spoke to me again.
The group attended local riding meetings and elected a few more convention voting
delegates. A televised press conference in Hugh Segal's student Federation President's Office
while he was in Toronto and his secretary was at lunch. It was even arranged to have
photographs of former Conservative Prime Minister John Diefenbaker and the National P.C.
Leader Robert Stanfield as back drop for the C.B.C and C.T.V. cameras. Most importantly we
were able to convince the candidate to wear a tie.
The campaign got off to a slow start. Eventually the national media became interested in
the cause probably because it was so different to the other 5 candidates who were all senior
cabinet ministers who were promising more of the same 'solid progressive government'. Perhaps
the turning point was when Robert Pharand gave a passionate speech at the All candidate
meeting in Ottawa which outlined a platform to provide equal educational opportunities for
francophone's. It received positive media coverage. The "Le Droit", the only French language
daily newspaper access for francophone's as well as our candidate. The coalition for public
funding of Catholic separate schools announced that they were sending bus loads of students
from all over the province to the New Wave Convention to support equal funding of separate
schools. Such legislation would in effect extend equal education funding for Francophone's to
grade 13.
To raise money for the "Equality Campaign" P.C. headquarters in Toronto was petitioned
for funds only to be denied. The University of Ottawa Student Federation gave a small monetary
donation. Most of us covered our own expenses. I sold my beloved metal hart skis for $70.00.
Some money was raise by throwing campus parties and selling beer. Our total budget was
$196.00
The "Equality Campaign: left Ottawa's new ultra modern Alta Vista station on the morning
of February 10th 1971. The train ride to Toronto was festive with a lot of nervous energy being
shared by a group of youths with a mission. Passions were aroused as the group truly believed
that it was doing something worthwhile. A group of French and English students singing
Canadian folk songs as they made their way to the center of economic power in the country.
Although the couch was next to the bar car we all drank from our own private reserves as we did
not have enough money to afford the more expensive alcohol sold on the train.
Toronto Union Station on Front Street. Luggage was gathered then everyone walked over to the
Lord Simcoe Hotel.
Shortly after we were on our rooms; there was a knock on our door. I was worried. We
had fifteen persons in three rooms. According to the hotel policy we were supposed to be two to
a room. I looked at Robert, he looked at me.
"Who is it?" I said
"The Ontario Provincial Police" came the stern reply.
I looked around the room as everybody began to hide their beer bottles. Back in those days
21 was the drinking age and only the candidate was of age. I opened the door and stepped out. I
was told there had been death threats made against us to a Toronto radio station. The Solicitor
General had decided to provide us with a four man police detail to ensure that we were safe. I
went back into the room and told everybody about the threat and asked if anybody wanted out-
now was the time? This was followed by a full minute of silence when Gary Hall finally said:
"were all staying- the can leave"
The police detective replied:
"we're staying"
Sensing our unease the police officer then pulled out a flask of vodka and offered it to Gary-it
was at that moment that Benoit Allaire opened the washroom door and while looking at Barry's
girlfriend Wilma said:
"je pense la partie a commence."
-and everybody started talking and laughing. At that moment I noticed that the television was on,
although the sound was turned down. A grainy old black and white news clip from the
proceeding autumn was being broadcast. If featured the police discovery of the murdered body
of the Quebec Minister of Labour Pierre Laporte in the trunk of a parked automobile.
The New Wave Convention
The walk to Maple Leaf Gardens on Carleton Street was not far. It would be the first time
I would ever be in this hockey shrine where my childhood hero, Frank Mahovlich, had led his
team to four Stanley Cups The mission of the "Equality Campaign" was far more important than
any game. An attempt to build bridges between Canada's two main linguistic groups was
underway. More importantly the group was committed to ending a serious breach of
francophone's human rights.
I wore my striped blue dress shirt-the only one I owned with a matching knit tie purchased
at the Mayflower second hand store on Laurier street. I did not own a suit or even a sports
jacket it was decided that we were not to appear "threatening" or even "radical" as our message
was one of hope not despair our audience after all was the Progressive Conservative Party. I
burrowed my younger brother's sandy coloured suede jacket which I wore with my dark
coloured corduroy bell bottomed slacks and my old desert boots. Wilma thought I looked
"presentable" like the clerks at Bata Shoe store on Ottawa's famous Spark Street Mall. I was
getting a head start on the seventies which would be remembered as a bad taste decade as far as
fashion was concerned.
The nomination speech was written by the group collectively. Mindful that we only had
eight minutes to give our message. Their were many drafts many arguments before it was
completed. I was never more afraid in my life as I climbed the stairs to the podium to give the
nomination speech in front of 7,000 people in the "Gardens" and many more on television.
I wondered if their was some anti French fanatic in the crowd with a rifle. I prayed that this
was not to be mu place of "Golgotha". As planned I spoke at first in French provoking a loud
angry outburst of boos. I then switched to English: Due to the TV lights and my brother's suede
jacket I found it extremely hot and I was sweating profusely. The fear and heat created an
unintended dramatic impression of great urgency in the speech.
"In Canada we take pride in our right to free speech. I would hope that I would receive as
warm a reception if I addressed a Party Quebecois convention in Quebec in English"
The jeers changed to warm applause and I continued:[after all I had the politically sensitive
audience hostage - they were aware that the convention was being broadcast nationally]
"We have taken time from our studies to come and ask you- the ruling political party in Canada's
richest province - to show tolerance to our country's largest minority. Our candidate will outline a
program for equal educational rights for francophone's. Such a program will end a degrading
breach of civil and human rights. It will demonstrate to the people of Quebec that the French
Canadians are a truly equal partner in Confederation"
As I spoke the 3000 separate school students who packed the upper seats of the arena
cheered loudly moving the originally reluctant delegates sitting in the lower seats to applaud as
well. I warned the delegates that nationalism and separatism in Quebec are being fueled by
English Canada's failure to acknowledge the discrimination against francophone's especially in
education.
I remind the delegates that this was supposed to be "the New Wave Convention" I
challenged them: "the only truly "new idea: before them was the notion of equal access to
educational opportunities for francophone's. Perhaps older societies have made superior
contributions to the world in arts, Literature and science. It is Canada's place to lead humanity
towards tolerance. I concluded that:
"Québec will never feel a part of Canada unless we respect the rights of our partners in
Confederation."
Our candidate was the only one without a "demonstration." All our cabinet ministers
opponents had professionally organized demonstrations featuring high school cheer leaders
following clowns and honky tonk marching bands for eight minutes each. Instead the delegates
heard the only standing ovation of the night propelled largely from the separate school students
who "surround sounded" the delegates. The warm enthusiastic cheers cascaded don from the
cheap seats where the students hearts pounded their youthful voices full of passion they moved
most delegate who were impressed with the dignity of it all.
The delegates listened to Robert Pharand eloquently outline the grievances of French
Canadians. Passionately he made the power brokers of Canada's wealthy elite listen to our cry
for French equality in our schools and Universities. It was almost surreal to see him speak to the
heart of English Canada. Some people have since said it was this night that saw the beginning of
the end of old "Orange Ontario" and the start of a new era of tolerance toward francophone's
and all minorities. The corpse of the "Upper Canada Family Compact" was buried even in the
Old "Tory" party on February 12th, 1971.
After the speech all the candidates and their managers met with the Chairperson of the
convention, Alan Eagleson, in the old "Hockey stove lounge." Eagleson would gain praise for
organizing the 72Russia/Canada hockey summit Series. Thirty years later he would be sentenced
to jail for defrauding Bobby Orr and other hockey stars. That night he was given a rough ride by
the party establishment because the convention computers for counting the ballot's had broken
down.
During this meeting the other candidates all congratulated the "Pharand team" on our
campaign. Eagleson advised us that we would be reimbursed for our efforts. A few weeks after
the convention we received a check for $712.00. The Lord Simcoe Hotel also announced that
they were not going to charge us for our rooms.
Due to the computer problems the announcement of the victory of Premier Elect Davies was
postponed until late in the evening. Notwithstanding his delay the "Gardens" was still packed.
The cheers from the thousands of party supporter for the Premier elect rained down on the
podium where all the leadership candidates and managers had gathered. The applause and shouts
of "Davies......Davies......Davies" had a deafening effect.
At first I didn't realize that Ontario's new leader was speaking to me. Over the roar of the
crowd I am positive I heard him say:
"You are right in your beliefs...only a little ahead of your time"
As he turned towards the dais to acknowledge the cheers of the crowd. I think I heard him
say:
"I promise you that your grievances will be addressed during my tenure as Premier"
I remember wondering afterwards that it was impossible - surely the new premier did not make a
promise to the only person on the platform that night, who did not have a full time job to go
back to after the convention. I never met or spoke to Premier Davies again.
On Valentine's Day 1971 exhausted we left Toronto as we came- by train. History had
taught us that the railway helped build Canada "A mari usque ad mare" A we made tracks back
to the nation's capital the 15 of us were content and shared a sense that we had accomplished
something significant not only for our country but for humanity.
Like victorious soldiers returning from the battle field we all sensed how fervent our
common experience had been. How we were able to put our petty differences aside to advance
our message of equal educational opportunities for francophone's. We all returned to Ottawa to
our exams, our relationships, our quiet lives. We had all come from different faculties and would
never meet as a group again. If we happened to see each other on campus we would
acknowledge one and another with an almost shy wave and always a warm smile. Over time we
lost track of each other. None of 15 pursued a career in politics or public life. All had ambitions
to lead meaningful but not "loud" lives. All would leave a positive mark on the development of
Human and Civil Rights.
As for me after completing my undergraduate studies I attended law school.
Constitutional affirmation of francophone's tights to education.
As I watched the Convention wind down I noticed CBC television journalist Norman
Depoe commenting positively on:
"the breath of fresh air from those university students who bravely confronted Canada with
it's most important national political issue"
In the first spoiled ballot we only had 13 votes and as expected finished last out of the six
candidates. However we believed we had done what we had set out to do. The media praised
our message. John Waugh of the Toronto Telegram wrote that:
"....{The Equality Campaign]....had convinced the delegates of their courage and the
seriousness of their platform...on a shoestring budget...a 19 year old campaign manager...and a
naive team."
One of the students was quoted in Canada's leading conservative newspapers the "Old
Telly":
"I felt it was something worthwhile I could do. We have shown that Ontarians are willing to listen
to a French minority viewpoint."
The Canadian Press was told that:
"the intelligent and decent reception for our message for equality rights for francophone's
reaffirmed our faith in the party."
it was also reported that:
"...Mr. Pharand almost stole the show with the most meaty speech delivered with
confidence in English and French. It was interrupted many times with applause, some of it
general. He thanked the party and the delegates for giving him a fair and sincere opportunity to
deliver his viewpoint on behalf of the young and francophone's. The student mathematician
obtained a surprisingly enthusiastic response for his call for extension of aid to separate high
schools. His proposal for a French uni lingual university was also well received."
The "Le Droit" reported that: "Pharand's speech was the most impressive at the "New
Wave Convention."
Bill Webb of The Fulcrum wrote that:
"[Pharand}....won the attention of the people of Ontario and gave voice to the views of
many who had previously not been heard. Pharand and his staff were continually congratulated
by the people at the convention. Eill this response to their ideas last and become an integral part
of the Ontario?"
Legacy
In 1976 I graduated from Law School the same year that for the first time a separatist
Government was elected in Quebec. Under the leadership of the colourful Rene Levesque.
Thirty-two years of successive Quebec governments ignored the plight of francophone's in
the other Canadian provinces. In 1981 and 1995 they held referendums to break up Canada.
Although the separatists lost both votes the second one was very close. The leader of the federal
side was Jean Charest.
On April 17th 1982 Prime Minister Trudeau initiated thee amendment to the Canadian
Constitution to include a Charter of Rights and Freedoms guaranteeing, among other things,
equality rights for those who spoke either of Canada's official languages.
The legal profession held it's breath. Would Trudeau's "Charter" prove to be as ineffective
in protecting individuals rights as Diefenbaker's "Bill"? All across Canada applicants flooded the
courts with claims of their rights being violated. It was an exciting time to be a civil libertarian
lawyer.
On behalf of Lawrence Bryant, a client of mine, I argued before The Ontario Court of Appeal
that his constitutional right to a jury trial on a serious criminal charge was violated.
After the hearing I left Osgoode Hall on Queen Street and wandered over to Carlton Street
where Maple Leaf Gardens was still standing. In the cool early Toronto evening i reminisced
about those "students" at the "New Wave Convention” so many years before.
And so it was to come to John Diefenbaker's dream came true. In 1984 for the first time a
Canadian appellate court held that the Charter was the supreme law of Canada and declared a
section of Federal legislation as being null and void as it violated my client's rights and all more
importantly it established the process in which the courts would use the "Charter" to ensure that
government in Canadian Human and Civil Rights Litigation. It paved the way for other courts to
follow. No longer could Canadian governments bully citizens without respecting their
constitutional rights.
Fifteen years after the New Wave Convention, in the last days before he retired, Premier
William Davies as reported in The Canadian Encyclopedia(2000) "startled" the people of Ontario
when he initiated the legislation that paved the way for equal educational opportunities for all
francophone's.
The Ontario Court of Appeal affirmed the constitutionality of the Davies' Government;s
new policy that every francophone (and anglophone) student in the province has a right to
education in his or her mother tongue. His party later that same year was defeated at the polls for
the first time in 42 years.
I remember reflecting that perhaps the Ontario electorate was still not ready to respect the
rights of francophone's. I was happy when I understood that Davies' equal opportunity to
education policy became entrenched in Ontario. The following year the Supreme Court of
Canada confirmed the constitutionality of Ontario's extension of full public funding to Catholic
high schools. The Court was of the opinion that the province was merely restoring to the
Catholic community constitutional rights which had been unjustly removed in judicial decisions in
the late 1920's.
By the new millennium Ontario francophone's were well served with equal access to
education at all levels in their own language. The University of Ottawa is now regarded as among
the world's finest and largest bilingual universities. It is a magnate for young Canadians who
believe in their country, with more federal cabinet graduating from it's faculties than from any
other post secondary institution in Canada. Students from both of Canada's founding linguistic
groups mingle in a atmosphere of tolerance and respect with new Canadians and foreign
students from all over the world.
Toronto was no longer "Hog Town" it has blossomed into a vibrant cosmopolitan city
where all Canadians can feel welcome no matter what language they speak.
Thirty-two years and two months after the "New Wave Convention" had ended in
Toronto, the people of Quebec had elected a government with a commitment to making Canada
work. In the summer of 2003 Quebec Premier Charest initiated a "Council of the Federation"
which was supported by all the other provincial leaders. In August 2003 Quebec's
intergovernmental minister Benoit Pelletier announced that his government was prepared to offer
support for francophone's in other parts of Canada.
Quebecer's are slowly starting to realize that they are no longer discriminated against in the
rest of the country, and that francophone's have acquired equal rights and opportunities in nine
other provinces and three territories
It would be a gross simplification to conclude that the efforts of those young students
changed the course of Canadian History - there were many others who contributed to preserving
Confederation. More significantly was the impact the "Equality Campaign" had on human rights/
The struggle for human and civil rights is as old as history of humanity. Many of the steps
forward were made by ordinary persons such as Rosa Parks. It was on December 1st 1955 that
the 42 year old black, Montgomery Alabama seamstress who made $23.00 a week, refused to
give up her seat to a white man when ordered to do so by the bus driver. Her "stubborn refusal"
is often credited as the event that launched the Civil Rights movement in the United States that
led to the end of segregation.
Two years later nine black students attempted to desegregate the all white Central High
School in Little Rock only to be met by a historic crowd as well as a barricade of National
Guardsmen called out by Arkansas Governor Orval Faubus.
The determination of Rosa Parks and the courage of those nine Arkansas students are part
of the American Civil Rights heritage.
In typical Canadian style the efforts of the 1972 "Equality Campaign" has almost been
forgotten. As the only "freshman" to witness the sacrifices of those students so many years ago
perhaps it is my responsibility to remember it and to share it with others who care about the unity
of Canada and notion that "all people should be treated equally."
I believe that new era of constructive tranquility appears to have captured the national
political agenda. This is in part the legacy of ordinary Canadians like those 15 students who rode
the rails to Toronto in the dark of winter so many years ago. I know I will always remember
them for their tolerance, their quiet courage in attempting to reach out and touch the other
"solitude".
