The Constitution Debate Patriation (1982) Meech Lake Accord (1987) Charlottetown Accord (1992) Quebec Referendum (1995)

Patriation (1982) Before 1982, Canada needed permission from the British Parliament to make changes to our constitution Trudeau wanted to patriate the BNA Act & add a Charter of Rights and Freedoms Sept. 1980: his idea only received the support of ON & NB at first ministers meeting. Another meeting was held in November 1981 The British North America Act was first written in 1867 when Canada became a nation. The Charter of Rights and Freedoms would guarantee the basic rights of all Canadians The pre-existing Bill of Rights (Diefenbaker) was not constitutional law, so it could be easily changed or even repealed. Previous attempts to patriate the constitution had failed when provinces couldn’t agree on an amending formula—mostly out of fear that the constitution or proposed Charter would limit their power because courts could override the decisions of the provincial legislatures and some aspects would give the feds too much power

The Kitchen Compromise Premiers agreed to accept the Charter if notwithstanding clause was added Clause allowed laws to stand even if they contravened the Charter Amending formula was also agreed to: changes could be made with the assent of HOC & Senate & the agreement of 7 out of 10 provinces representing 50% of Canada’s population Meant that QC’s wishes could be ignored as long as ON agreed Trudeau accepted the compromise despite protests from Lévesque. The first ministers meeting wasn’t going well Late at night in the kitchen of the National Conference Centre, federal Justice Minister Jean Chretien met with the justice ministers of Saskatchewan and Ontario and came to an agreement about an amending formula. They woke up 9 out of 10 premiers who were all staying at the Chateau Laurier Hotel and asked them to agree to the deal. Levesque was left out—allegedly because he was staying at a different hotel Trudeau argued that the federal government, which had many members from QC, could agree to the deal even without Levesque’s support QC felt betrayed they believed the English-speaking provinces had ganged up on them in order to deny QC’s status as a distinct society.

The corresponding Canada Act was signed into law in the British Parliament that same day. The Constitution Act contains Canada’s Charter of Rights and Freedoms In Quebec, flags flew at half mast while Levesque led a huge protest on the day it became law. April 17, 1982: Queen Elizabeth II & Prime Minister Trudeau signed the Constitution Act into law, making Canada a fully independent country. QC refused to sign.

Meech Lake Accord (1987) Mulroney wanted QC to sign the Constitution, so he proposed: QC recognized as a “distinct society” 3 of 9 Supreme Court judges from QC Provincial veto power on constitutional changes QC given control of its immigration policy Provinces allowed to opt-out of federal programs when they establish similar provincial programs In 1984 most Canadians outside QC felt the Constitution issue was resolved and worried more about the economy/debt crisis. Mulroney brought up the Constitution issue again in order to court votes from Quebec. Other provinces wanted changes too, especially ones that would give them more power (e.g. Alberta interested in more control of its oil resources) Veto essentially meant all provinces had to agree to any changes

Meech Lake Accord (1987) The Accord was heavily criticized: Anglophones felt it gave QC too much power. First Nations argued they were also a distinct society with rights that should be protected. Women’s groups feared the distinct society clause might allow QC to challenge Charter rights. Ordinary Canadians had not had enough opportunity to comment on the changes. June 1990: Accord failed when MB & Nfld refused to ratify it Photo: Elijah Harper, an NDP MLA in Manitoba and member of the Cree First Nation, who criticized the Meech Lake Accord for failing to recognize the First Nations as a distinct society. He brought in procedural delays that prevented Manitoba from ratifying the accord before the deadline. QC saw the distinct society clause as a way to protect their language and culture, but critics like Trudeau argued it would only isolate them further. Elijah Harper

What is the message of these cartoons What is the message of these cartoons? Meech Lake was a failure, a political disaster and a huge waste of money.

Charlottetown Accord (1992) QC threatened a referendum on sovereignty if negotiations didn’t resume. Other groups wanted their needs addressed. Increased public input sought. August 1992: federal government, 10 provinces, 2 territories & 4 major First Nations groups drafted Charlottetown Accord. Meech had focused on Quebec and other groups hoped Charlottetown would address their needs

Charlottetown Accord (1992) New accord proposed: Aboriginal self-government Senate reform New division of federal & provincial powers Affirmed Canada’s commitment to social & economic policies like healthcare “Canada clause” defined Canadian values & recognized QC as a distinct society. Senate reform included creating an elected Senate with equal representation from all parts of the country (Triple E model)

Charlottetown Accord (1992) Canadians voted on the accord in a referendum. All major political parties supported a “Yes” vote. Reform Party led the “No” vote. Almost every section was criticized by some group. The accord failed in October 1992 with only 4 provinces voting in favour. Reform Party was based in the west and grew up out of western alienation. Created in 1987 to be the “voice of Western Canada.” Reform was partly a response to the government’s perceived favouritism of the East during the 70s oil crisis and scandals like the awarding of a contract to repair air force jets to Bombardier in QC even though Bristol Aerospace of MB made a better offer. Many voted no because the accord was so complicated that they couldn’t make an informed decision. Anti-constitutional reform sentiment takes over because Canadians are so frustrated by two failed attempts and economic concerns due to recession/unemployment are more pressing.

The Quebec Referendum Constitutional debate further alienated QC Oct. 30, 1995: referendum on sovereignty-association “No” side (against separation) won with only 50.66% of the vote Chrétien government responded with 2 laws: Recognized Quebec as a distinct society Each region of Canada (Western, Atlantic, Ontario and Quebec) could veto future changes to the constitution Many Quebecois felt humiliated by resistance to the distinct society clause, etc. Sovereignty-association: political independence while retaining close economic ties with Canada