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The Charter of Rights and Freedoms
The Constitution The Charter of Rights and Freedoms
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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
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The British North America Act
1867 – BNA Act passed=Canada’s first Constitution No amending formula included in BNA Act
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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.
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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)
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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.
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Video In an Uncertain World: Night of the Long 29 minutes
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Quebec Never signed… The Meech Lake Accord 1987-1990
“Distinct Society” Trudeau speaks out Elijah Harper Mulroney’s time limit
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The Meech Lake Accord
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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”
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The Charter of Rights and Freedoms
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