The Charter of Rights and Freedoms The Constitution The Charter of Rights and Freedoms

What is a Constitution? rules of how the government should operate. In a democracy, it limits the government’s power over its citizens. usually requires changes made to it over time. The amending formula to change it is usually complicated

The British North America Act 1867 – BNA Act passed=Canada’s first Constitution No amending formula included in BNA Act

Patriating the Constitution ¨      Trudeau wished to patriate, (bring home), the Constitution.   ¨     An amending formula was required before it could be patriated – the discussions over how amendments could take place had been ongoing since the 1930s.

The Amending Formula ¨    Agreement of all ten provinces impractical as each would have a veto. Change would be almost impossible. 7/10 provinces and must be over 50% of the population (must have either Ontario or Quebec)

The Road to Patriation ¨      Only Ontario and New Brunswick supported him – others referred to as “gang of eight”   ¨      Challenged in the Supreme Court of Canada ¨      Last chance meeting, 7 of the gang of 8 met, excluding Rene Levesque, and came to an agreement that would allow the patriation of the Constitution.

Video In an Uncertain World: Night of the Long Knives @ 29 minutes

Quebec Never signed… The Meech Lake Accord 1987-1990 “Distinct Society” Trudeau speaks out Elijah Harper Mulroney’s time limit

The Meech Lake Accord

The Charlottetown Accord Two years of public committee and town hall meetings 1992 meeting to discuss Reform the senate Distinct society for Quebec Aboriginal self-government There would be a referendum to pass it 7/10 provinces voted “NO”

The Charter of Rights and Freedoms