1. THE CONSTITUTION

2. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND British North America Act, 1867

3. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND British North America Act, 1867 –no amendment formula

4. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND British North America Act, 1867 –no amendment formula –U.S. Constitution (2/3 of each house of Congress and 3/4 of states)

5. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Why no amendment formula in B.N.A. Act?

6. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Why no amendment formula in B.N.A. Act? –Not possible in 1867

7. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Why no amendment formula in B.N.A. Act? –Not possible in 1867 –not needed

8. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Why no amendment formula in B.N.A. Act? –Not possible in 1867 –not needed But increasing desire for sovereignty in the 20th century

9. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Increasing desire for sovereignty in the 20th century –King-Byng affair, 1926 –Statute of Westminster, 1931 Viscount Byng of Vimy Governor General, 1921-26

10. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Patriation efforts began in the 1920s William Lyon Mackenzie King Prime Minister, 1921-26, 1926-30, 1935-48

11. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND John Diefenbaker Prime Minister, 1957-63

12. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND 1961: The Fulton Formula Unanimous for key provisions; fed. + 2/3 of provs. (50% of pop.) for other amendments Davie Fulton Minister of Justice, 1957-63

13. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND 1961: The Fulton Formula Unanimous for key provisions; fed. + 2/3 of provs. (50% of pop.) for other amendments Rejected by Quebec Jean Lesage Premier of Quebec, 1960-66

14. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Lester B. Pearson Prime Minister, 1963-68

15. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND 1964:Fulton-Favreau Formula (Guy Favreau, Minister of Justice, 1963-65) –minor changes to the Fulton Formula

16. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND 1964:Fulton-Favreau Formula (Guy Favreau, Minister of Justice, 1963-65) –minor changes to the Fulton Formula Rejected by Quebec

17. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Pierre Trudeau Prime Minister, 1968-79, 1980-84

18. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND 1971: The Victoria Charter

19. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND 1971: The Victoria Charter –no unanimous consent required

20. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND 1971: The Victoria Charter –no unanimous consent required general amending formula: –fed. + majority of provinces including: any province with 25% of national pop. 2 from Atlantic Canada 2 from western Canada (with 50% of pop.) 90 day limit to Senate delay

21. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND 1971: The Victoria Charter –Charter of Rights

22. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND 1971: The Victoria Charter Robert Bourassa Premier of Quebec

23. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND 1971: The Victoria Charter Rejected by Quebec Robert Bourassa Premier of Quebec

24. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Rene Levesque elected Premier of Quebec, 1976

25. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Referendum, May 20, 1980 VS.

26. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Referendum, May 20, 1980 VS. Results:60% “Non” 40% “Oui”

27. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Referendum, May 20, 1980 VS. Results:60% “Non” 40% “Oui” Among Francophones:50% “Non” 50% “Oui”

28. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Sept. 1980: First Ministers’ Conference

29. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Sept. 1980: First Ministers’ Conference no agreement

30. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Oct. 1980: Federal resolution –patriation (amending formula) –charter of rights

31. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Oct. 1980: Federal resolution –patriation (amending formula) –charter of rights If no provincial agreement - Federal govt. to proceed unilaterally

32. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Oct. 1980: Federal resolution –patriation (amending formula) –charter of rights If no provincial agreement - Federal govt. to proceed unilaterally most provinces opposed

33. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Unilateral federal request to British Parliament

34. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Unilateral federal request to British Parliament reference question to Supreme Court of Canada “Does the federal Parliament have the constitutional authority to proceed without provincial consent?”

35. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Unilateral federal request to British Parliament reference question to Supreme Court of Canada “Does the federal Parliament have the constitutional authority to proceed without provincial consent?” Ottawa, N.B., Ontario:“YES” Other 8 provinces:“NO”

36. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Sept. 28, 1981 - Supreme Court Decision Bora Laskin Chief Justice Supreme Court of Canada

37. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Sept. 28, 1981 - Supreme Court Decision constitutional convention requires provincial consent Bora Laskin Chief Justice Supreme Court of Canada

38. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Sept. 28, 1981 - Supreme Court Decision constitutional convention requires provincial consent but nothing in law to prevent Parliament from proceeding without provincial consent Bora Laskin Chief Justice Supreme Court of Canada

39. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Nov. 1981 - One More Try

40. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Nov. 1981 - One More Try “Kitchen Accord”

41. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Nov. 1981 - One More Try “Kitchen Accord” –Roy McMurtry - Ontario Attorney-General –Roy Romanow - Saskatchewan Att.-General –Jean Chretien - Minister of Justice

42. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Nov. 1981 - One More Try “Kitchen Accord” –Roy McMurtry - Ontario Attorney-General –Roy Romanow - Saskatchewan Att.-General –Jean Chretien - Minister of Justice Produced agreement

43. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Nov. 1981 - One More Try “Kitchen Accord” –Roy McMurtry - Ontario Attorney-General –Roy Romanow - Saskatchewan Att.-General –Jean Chretien - Minister of Justice Produced agreement (except Quebec)

44. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Amendment formula: –Parliament + 2/3 of provinces (with total pop. Of 50% of national) –certain key provisions require unanimous consent

45. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Amendment formula: –Parliament + 2/3 of provinces (with total pop. Of 50% of national) –certain key provisions require unanimous consent Charter of Rights and Liberties

46. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Amendment formula: –Parliament + 2/3 of provinces (with total pop. Of 50% of national) –certain key provisions require unanimous consent Charter of Rights and Liberties New Constitution signed April 17, 1982

47. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Charter of Rights and Liberties –judicial review

48. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Charter of Rights and Liberties –judicial review Regina v. Big M Drug Mart (SCC, 1985)

49. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Charter of Rights and Liberties –judicial review Regina v. Big M Drug Mart (SCC, 1985) Robertson and Rosetanni v. The Queen (1963)

50. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Charter of Rights and Liberties –judicial review Regina v. Big M Drug Mart (SCC, 1985) Robertson and Rosetanni v. The Queen (1963) R. v. Edwards Books and Art (1986)

51. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Abortion

52. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Abortion R. v. Morgentaler (1988)

53. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Abortion R. v. Morgentaler (1988) –S. 252 Criminal Code of Canada contrary to S.7 of the Charter Justice Bertha Wilson

54. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Abortion Borowski v. Canada (1989)

55. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Abortion Borowski v. Canada (1989) Tremblay v. Daigle (1989)

56. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Continued efforts at general reform: Meech Lake, 1987-90 Charlottetown Accord, 1992 Referendum Revisited, 1995

57. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 general amending formula - s.38 –“7-50 rule”

58. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 general amending formula - s.38 –“7-50 rule” ss. 40-45 use different formula

59. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 general amending formula - s.38 –“7-50 rule” ss. 40-45 use different formula s. 41 - unanimous consent

60. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 1984 RETIREDELECTED

61. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 RETIRED JUNE, 1985

62. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 New Premier of Québec Pierre Marc Johnson

63. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 RE-ELECTED DECEMBER, 1985

64. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 FIVE DEMANDS: Recognition of Quebec’s “Distinct Nature” Limitation of the federal spending power Greater control over immigration for Quebec A veto for Quebec - or ability to opt out Participation in appointment of SCC justices

65. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 MEECH LAKE MEETING, APRIL 1987

66. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 MEECH LAKE MEETING, APRIL 1987 - DISTINCT SOCIETY for Quebec

67. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 MEECH LAKE MEETING, APRIL 1987 - DISTINCT SOCIETY for Quebec - Provincial input to Senate appointments

68. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 MEECH LAKE MEETING, APRIL 1987 - DISTINCT SOCIETY for Quebec - Provincial input to Senate appointments - Provincial input on immigration policy

69. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 MEECH LAKE MEETING, APRIL 1987 - DISTINCT SOCIETY for Quebec - Provincial input to Senate appointments - Provincial input on immigration policy - Provincial input on Supreme Court appointments

70. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Full Text of Meech Lake Accord: http://www.solon.org/Constitutions/Canada/ English/Proposals/MeechLake.html

71. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 By June, 1990: 7 provinces and Ottawa had passed resolutions in favour of accord –Manitoba and New Brunswick not yet –Newfoundland passed and then revoked resolution

72. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 ONE LAST “ROLL OF THE DICE” June 3 - 10, 1990

73. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Clyde Wells Newfoundland

74. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Clyde Wells Newfoundland Joe Ghiz Prince Edward Island Robert Bourassa Québec David Peterson Ontario

75. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Don Getty Alberta

76. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 David Peterson

77. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 David Peterson Ontario willing to give up 6 Senate seats

78. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Saturday June 9: Agreement

79. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Saturday June 9: Agreement accord to be submitted to legislatures of Newfoundland, Manitoba and New Brunswick by June 23

80. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 The decision will be left to the Legislature of Newfoundland

81. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Gary Filmon Premier of Manitoba

82. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Manitoba –Premier Gary Filmon (P.C.) –Sharon Carstairs (Liberal) –Gary Doer (N.D.P.)

83. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Elijah Harper

84. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Senator Lowell Muray

85. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Elijah Harper Senator Lowell Muray

86. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90

87. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 We are not prepared to be manipulated any longer!

88. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 Meech Lake is dead

89. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 We need time to heal the wounds.

90. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Meech Lake, 1987-90 “Quebec will no longer negotiate with the other provinces.”

91. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND September, 1991 - another try

92. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND September, 1991 - another try federal proposal: –“Canada Clause” “distinct society” native self-govt. –“EEE Senate” –“Preparing For a More Prosperous Future”

93. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Charlottetown Accord, August 1992

94. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Charlottetown Accord, August 1992 national referendum, October 1992

95. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Referendum Results NO YES 54.2% 44.8%

96. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Referendum Results NO YES National 54.2% 44.8% Quebec: 55.4% 42.4%

97. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Referendum Results NO YES National 54.2% 44.8% Quebec: 55.4% 42.4% Manitoba: 61.7% 37.9% Sask.: 55.1% 45.5% Alberta: 60.2% 39.6% B.C.: 67.8% 31.9%

98. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Referendum Results NO YES National 54.2% 44.8% Quebec: 55.4% 42.4% Manitoba: 61.7% 37.9% Sask.: 55.1% 45.5% Alberta: 60.2% 39.6% B.C.: 67.8% 31.9% Ontario:49.8% 49.6%

99. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Quebec Referendum Again, Oct. 30, 1995 –“Non” again - but by a narrow margin