Constitutional Politics
Page 2: Lecture Objectives
Assess Quebec-Canada relations through mega-constitutional politics.
Evaluate the challenges of amending the constitution in the post-1982 era.
Page 3: Lecture Outline
The First Round
Canada-Quebec: Differing Constitutional Agendas
The Patriation Process
The 1982 Constitution
The Second Round
The Meech Lake Accord
The Charlottetown Accord
The 1995 Referendum
Page 4: The First Round
Overview
Focus on the developments in constitutional discussions during the First Round (1960s-1980s).
Page 5: Federal Government Goals in the 1960s
Pursued two constitutional goals:
Finding a formula to formally amend the 1867 Constitution.
Providing constitutional protection for rights and freedoms.
Page 6: The Quiet Revolution
During the Quiet Revolution, French-speaking Quebecers leveraged provincial power to assert their identity.
Key goal: Strengthen Quebec's constitutional powers and acknowledge its distinct character.
Page 7: Rise of Secessionist Movement
The Quiet Revolution led to a radical segment within Quebec nationalism which aimed for secession.
The Parti Québécois (PQ) emerged, advocating for Quebec's sovereignty through democratic channels.
Page 8: Failed Constitutional Attempts (1960s-1970s)
Highlighted failed initiatives:
Fulton-Favreau (1964)
Victoria Charter (1971)
Pepin-Robarts Task Force (1977-79)
Bill C-60 (1978)
1980 referendum on Quebec sovereignty:
Results: 59.56% No, 40.44% Yes.
Trudeau's promise of renewing federalism to Quebecers if they stayed in Canada.
Page 9: Trudeau's Initiative
By October 1980, Trudeau abandoned federal-provincial agreement efforts.
Proposed constitutional reform package to be adopted by British Parliament without provincial consent.
Initiated a Special Joint Committee to gather public support (the people’s package).
Page 10: Legal Challenges
Provinces challenged Trudeau’s actions in court (Patriation Reference, 1981).
Supreme Court's decision:
Federal government could unilaterally patriate the constitution but needed substantial provincial consent.
Page 11: Stalemate in Negotiations
November 1981 meeting in Ottawa among premiers and Trudeau ended in stalemate.
Trudeau suggested to patriate as-is while keeping negotiations open for two years.
Page 12: The Kitchen Accord
Agreement was reached among all provinces except Quebec on constitutional terms.
Removal of the "opt-out" clause; introduction of the notwithstanding clause by Jean Chrétien.
Page 13: Passage of the Amended Package
The amended constitutional package became the Canada Act (1982).
Passed through Parliament and signed by the Queen on April 17, 1982.
Page 14: The 1982 Constitution - Amending Formula
New Amending Framework
Unanimity required for:
Monarchy, French and English representatives, Supreme Court composition, amending formula.
General rule (7/50 rule):
Involves Federal government and 7/10 provinces representing 50% of population.
Page 15: The Canadian Charter of Rights and Freedoms
Extended beyond civil and political rights to include cultural rights for Canadians.
Specifically provides linguistic rights, impacting provincial legislative powers.
Does not confer special status to Quebec.
Page 16: ROUND 2
Overview of the Second Round
Focus on attempts following the 1982 Constitution to address Quebec's position.
Page 17: The Meech Lake Accord
Prime Minister Brian Mulroney committed to incorporating Quebec into constitutional accord.
Enhanced prospects after Parti Québécois lost office in December 1985.
Page 18: Quebec's Conditions for Meech Lake Accord
Recognition of Quebec as a distinct society.
Increased powers over immigration.
Financial compensation if Quebec opts-out of certain national programs.
A veto on constitutional amendments.
Participation in SCC justice appointments.
Page 19: General Clauses for Provinces
Included increased powers for all provinces in immigration, SCC appointments, and constitutional amendment veto.
Restricted opting-out clause detailed.
Page 20: Unique Quebec Clauses
Recognition of Quebec as a distinctive society within Canada.
Rights of linguistic minorities guaranteed alongside distinct society affirmation.
At least three Supreme Court justices mandated from Quebec.
Page 21: Reasons for Failure of Meech Lake Accord
Required unanimity; two provinces (Manitoba and Newfoundland) did not ratify.
Underestimation of attachment to the Charter in English Canada.
Page 22: Consequences of Failure
Revitalized Quebec independence sentiment and respectability.
Emergence of Bloc Québécois, Bill 150, the Bélanger-Campeau Commission, and Allaire Report.
Page 23: The Charlottetown Accord
An attempt to engage greater public participation and address prior mistakes by including more interests.
Represented principles for constitutional changes instead of a legal text, inviting referendum participation.
Page 24: Defining Quebec's Distinct Society
Affirmation of Quebec's unique demographic and cultural attributes within Canada.
Legislature's role in preserving Quebec’s distinct society enshrined.
Page 25: Canada Clause Significance
Fundamental Canadian values outlined: democracy, aboriginal rights, linguistic duality, etc.
Enforceable by the courts, ensuring rights under fundamental values.
Page 26: Other Key Features of Charlottetown Accord
Proposed Senate reform, Aboriginal self-governing powers, an opting-out clause, and a constitutional veto.
Page 27: Referendum Results
Charlottetown Accord referendum:
54.4% No, 44.6% Yes.
72% turnout.
Page 30: 1995 Referendum on Quebec Sovereignty
Parti Québécois regained power in 1994 under Jacques Parizeau.
Scheduled referendum on Quebec sovereignty for October 30, 1995.
Page 31: 1995 Referendum Results
Result: 50.58% Yes, 49.42% No.
94% turnout in the referendum.
Page 32: Keywords
People's Package
Patriation Reference
The Kitchen Accord
7/50 rule
Distinct Society
The Charlottetown Accord
Page 33: Conclusion
Presented by Emmanuelle Richez, Ph.D.
Course code: POLS1000 - University of Windsor