Unit 2 Rights and Freedoms Majority and Minority Rights- The case of Quebec

Introduction We are constantly seeking to protect the interests of those in minority position in our country Nation of immigrants= lots’o problems The case of Quebec- French language, culture and heritage is possibly threatened in a sea of English speaking people All Canadians are entitled to equal treatment- but many have had to battle for their equality

French-English Conflict 1759 Fall of New France- Britain decides to accommodate French speaking populations British proportion of the population grew during the years of the American revolution (loyalists)- Francophone % lowered 1867 Francophones were a minority Section 93 of the BNA act protected their language rights (awe…thanks Canada).

French-English Conflict 1911 Ontario- government prohibited French language schools 1917 Conscription 1944 Conscription 1960’s nationalist sentiment uprising 1960’s- The Quiet Revolution- rural/catholic to an open, industrial society (English ownership of business *spark)

Separatism Separatism was inevitable (or was it?) It meant different things to many different Quebeckers- total independence, sovereignty association (limited partnership) Federalism- each level of government provides a check on the use and misuse of power by the other 1968 formation of the Parti Quebecois (PQ) under Rene Levesque- 1976 Premier of Quebec

Bill 101 PQ Rene Levesque became Premier in 1976 (uhoh) Bill 101- The Charter of the French Language- to address longstanding inequities between francophones and anglophones All government business was in French, all businesses with more than 50 employees had to conduct all of their affairs in French “Francization” The Sign Law- prohibiting of English on all commercial and government signs

Bill 101 1988 Ford v. Quebec- the use of section 33 Page 196 Access to schools- allophone children could only go to French schools Only people born in Quebec and spoke English at home as a first language could go to an English school Hundreds of English schools in Quebec closed between 1976 and 1990

The Sovereignty Issue The Quebec Referendum- part 1 May 20 1980- Quebec referendum on Quebec’s future within Canada Levesque campaigned for Sovereignty Association (exclusive power to make laws, levy taxes, foreign affairs- while maintaining an economic association with Canada (common currency) Trudeau appointed Minister of Justice Jean Chretien to coordinate the federalist side

The Sovereignty Issue The referendum question: “The government of Quebec has made public its proposal to negotiate a new agreement with the rest of Canada, based on the equality of nations; this agreement would enable Quebec to acquire exclusive power to make its own laws, levy its taxes, and establish relations abroad- in other words, sovereignty- and at the same time maintaining an economic association with Canada including a common currency; no change in political status resulting from these negotiations will be effected without the approval by the people through another referendum; on these terms, do you give the government of Quebec the mandate to negotiate the proposed agreement between Quebec and Canada?

The Sovereignty Issue 80% voter turnout- 60% voted NO to separation Shocking defeat for the PQ (see page 199) What occurred after we have already discussed- Trudeau repatriated the constitution (without Quebec’s approval) and then followed the failures of Meech Lake and Charlottetown

The Sovereignty Issue Quebec Referendum- Part 2 1994 PQ Jacques Parizeau (viewed his election win as a mandate for a second attempt at the issue) This time the Federalists argued the same economic issues but the Aboriginal peoples in Quebec (Cree) voiced their concerns- would they remain part of Canada or something different?

The Sovereignty Issue 1995 Referendum question: Do you agree that Quebec should become sovereign after having made a formal offer to Canada for a new economic and political partnership within the scope of the bill respecting the future of Quebec and of the agreement signed June 12 1995? October 30 1995- 90% eligible voters- 50.6 voted No; 49.4 voted yes Federal government responded by passing a resolution accepting that Quebec was a distinct society

The Clarity Act, 2000 After the ‘95 “win”- the federal government sent some clarifying questions to the SCC regarding Quebec and separation August 20, 1998 the SCC declared that Quebec had no right to secede without consulting the rest of Canada first However Ottawa would have to negotiate in good faith if a ‘clear majority’ voted in favour of secession What the hell is a clear majority?- see page 202