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Unit 2 Rights and Freedoms

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

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

4 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).

5 French-English Conflict
1911 Ontario- government prohibited French language schools 1917 Conscription 1944 Conscription 1960’s nationalist sentiment uprising

6 Quiet Revolution Move from an isolationist, politically influenced by Roman Catholicism, rural focused province to an open and industrialized society under Premier Jean Lesage (Liberal) Previously an anglophone minority controlled major leadership positions in Quebec’s business and industry To be successful in the business/industry world, Francophone citizens of Quebec had to speak English- spark of the revolution (hydro)

7 Quiet Revolution The francophone population grew restless and pushed for an equal partnership with the rest of Canada; but not allowing the rest of Canada to determine their role “Maitrez chez nous”- Masters in our own house Department of Cultural Affairs 1968 Canada started to take notice (Trudeau)- Official Languages Act in 1969

8 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

9 Separatism 1973 PQ was the official opposition in Quebec
1974 Robert Bourassa- the Quebec Official Languages Act (Bill 22)- pre Charter Only official language in Quebec was French- language of teaching became restrictive (immigrants could only go to English schools unless they passed a test)

10 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

11 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

12 The Sovereignty Issue The Quebec Referendum- part 1
May 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

13 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?

14 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

15 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?

16 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 ? October % eligible voters voted No; 49.4 voted yes Federal government responded by passing a resolution accepting that Quebec was a distinct society

17 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

18 Co-Operative Federalism
Jean Charest (federalist former PC) became Premier of Quebec in 2003 First Minister’s Meeting July 2003 Charlottetown- Council of the Federation- permanent committee of the federal and provincial governments to coordinate major policies that would affect Canada and its territories and Provinces Ah so everything is fine in Quebec….not quite…


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