1. Canadian Unity – The Quebec Questions continues!!! Civil Rights In Canada Constitution to Referendums

2. BNA Act - 1867 British North American Act – 1867 Outlined the powers of the Canadian government to make laws and establish the levels of government for making law (federal / provincial)

3. Human Rights in Canada after WW2 Canadian Bill of Rights PM Diefenbaker and his government passed the Canadian Bill of Rights – 1960 Set down in legislation the civil rights and freedoms that Canadians had already enjoyed under common law CBC Archives – Clip – Bill of Rights

4. Canadian Bill of Rights continued Criticized: 1. As federal (statute) it applied to only federal matters 2. It was a Parliamentary statute meaning it could be changed by parliament at any time 3. Did little to protect equality rights

5. Canadian Politics 1960s Pierre Elliott Trudeau Video clip “Just society “Just Society” 1968 “State has no place in the bedrooms of the nation” Promised greater social justice and stronger guarantees of individual rights Prime Minister (15 yrs) April 20, 1968 – June 4,1979 March 3, 1980 – June 30, 1984 Bilingualism – Official Languages Act, 1969 Law reforms: divorce, abortion, homosexuality, and birth control Equality rights for Aboriginal Canadians October Crisis, 1970

6. Rights in Canada What does Canada have that many countries don’t? Civil Rights (and freedoms) - limit the power that a government has over its citizens Human Rights – protect people from being unfairly discriminated against by other individuals Canadians can feel secure in almost all areas of their lives Canadians are free because laws are passed and enforced to protect their rights and freedoms Wealth, gender, race, age, belief, family status … are not supposed to determine how you are treated in Canada – equal under the law “Just Watch Me” clip“Just Watch Me” clip Contradictions? Explain? Justify?

7. Shifts in Quebec 1960-70s Mass immigration to Quebec – mostly choosing to speak English – Language of North America Decreasing birthrates – fewer native Quebeckers being born Quebecer’s fear their language and culture could be lost

8. The Rise of the Parti Quebecois Provincial party Sovereign agenda Swept into power in Quebec 1976 Leader – Rene Levesque Promised to win independence for Quebec, end confederation with Canada

9. The P.Q and Language Laws in Quebec Bill 101 Replaced Bill 22 1976 Stronger restrictions on the use of English in Quebec No English on commercial signs Limited access to education in English in Quebec English speaking Quebecers – outraged Many English language companies left Quebec

10. Quebec Referendum #1 1980 Sovereignty- Association 90% voter turnout - Quebec 60% in favour of staying a part of Canada Federal Government response – get moving with constitutional reform – a way of meeting Quebec’s needs

11. Development of Canadian Constitution BNA Act - 1867 (British North American Act) – British Statute Dominion of Canada formed British Privy Council – Canada’s highest court Little control of our affairs (foreign) Statute of Westminster – 1931 British Statute – Giving Canada control over its foreign affairs Supreme Court of Canada – 1949 Established and becomes Canada’s highest court Constitution Act 1982 1.Canada given an amending formula – ability to change our own constitution = complete independence from Britain 2.Canadian Charter of Rights and Freedoms Our road to independence Defined areas of federal and provincial jurisdiction (federal more powerful) – only 2 Federal and provincial governments were suspicious of each other

12. The Constitution So why did it take us so long to get a new constitution? The struggle for power between the provinces and Ottawa (Federal Government) Trudeau’s government’s response Famous “Notwithstanding Claus” Quebec felt betrayed – didn’t sign!!!!! Peoples history – night of long knives

13. Constitutional Debate Women – campaigned to have equality rights entrenched in constitution (Charter of Rights and Freedoms) Native Peoples – angered because not consulted Quebec – felt betrayed by the other 9 provinces.

14. Trudeau – The Constitution Act, 1982 Constitution Act, 1982, including the Canadian Charter of Rights and Freedoms Constitutional Law, not Statute law Changes must be in accordance to the amendment formula Lists civil rights and freedoms for all Canadians at all levels of government Section 24 of the Charter details the “enforcement of guaranteed rights and freedoms”

15. The Constitution 1982 All signed except Quebec What next????? Brian Mulroney Prime Minister 1984-1993 Conservative Attempted to resolve the conflict between Quebec and the rest of Canada

16. Meech Lake Accord 1987 Conditions: Recognize Quebec as a distinct society More power to the provinces Acceptance: All 3 federal parties 8 of 10 provinces Opponents: NFLD – too much power to provincial governments Manitoba – Aboriginal communities (also distinct!) Conclusion 1990 - Meech Lake failed. Elijah Harper (Manitoba MPP rejected it on behalf of Aboriginal communities)

17. Charlottetown Accord 1992 Conditions: 1. Quebec – a distinct society 2. Aboriginal governments on par with federal / provincial government 3. More power to provincial governments Process Referendum asking Canadians to vote on a constitutional change – Charlottetown Accord (agreement) 55% said NO – defeated Outcomes: Western Regionalism Quebec Separatism UNITY CRISIS

18. Referendum 1995 Provincial referendum Unilateral independence Oct 1995 NO – 49.4% YES – 50.6% Loss blamed on Big Business and the ‘ethnic vote’