Unity or Separation? Defining Canada: 1980’s-1990’s Constitution debate, Meech Lake Accord, Charlottetown Accord, 1995 Referendum.

Unity or Separation?

Defining Canada: 1980’s-1990’s

Constitution debate, Meech Lake Accord, Charlottetown Accord, 1995 Referendum.

1982 Constitution – “Patriating”Charter of Rights and Freedoms

Aboriginal rightsLanguage rightsNotwithstanding Clause

Review

Trudeau and the Constitution Act

Needed approval of all provinces to make changes

Amending formula: how many provinces would need to agree?

Most provincial premiers opposed to Charter- fear it would make courts more powerful than legislatures. Levesque fears will be used to override legislation Quebec passes to protect culture or language rights.

Kitchen Compromise1981 “Kitchen compromise”: 10 premiers meet, 9 awoken in the middle of the night to make last minute revisions. Who was left out?

Rene Levesque, staying at another hotel – felt betrayed, a rejection of Quebec’s interests – does not sign. Trudeau still accepts the deal.

Amending formula decided: need seven of 10 provinces representing 50% of Canada’s pop to make changes. (therefore Quebec could be excluded if Ontario is included)

Meech Lake Accorda.k.a. “Quebec Round”

Brian Mulroney of Progressive Conservatives wins power, 1984 – campaigns on repairing 1982, appease Quebec

Levesque out, Robert Bourassa (pro-federalist, Liberal Party) in – opportunity – negotiations begin

Western alienation growing since 1970s – form Reform Party 1987 to be voice of western Canada, want senate reform.

Meech lake accord: 1987, Mulroney calls premiers to conference at Meech Lake: Proposes package of amendments to constitution

Results of Meech Lake:

Proposed to recognize Quebec as a “distinct society”, and to give more powers to provinces.

Trudeau opposed: says that designating Quebec as a distinct society would create “two solitudes” in Canada – too divisive.

Some feared would give too much power to Quebec – and “distinct society” too open to interpretation

Results of Meech Lake

Aboriginal peoples –Why does Quebec get recognized as a distinct society deserving recognition and protection- and they don’t?

Elijah Harper, Cree NDP member of Manitoba legislature: opposes Meech lake, part of procedural delays that prevent Manitoba from ratifying it.

Manitoba and Newfoundland refuse to sign, falls apart June 1990. Quebecers disappointed, rejection of Quebec, humiliation.

Lucien Bouchard: Quebec member of Mulroney’s Cabinet. Resigns and forms Bloc Quebecois. Separatist, federal.

How many real baby sloths?

Charlottetown Accord (Canada Round)

Mulroney tries again- proposed in this round:Compromises for other provinces than just Qu. – senate reform so elected and equal rep, to appease western provinces

Provisions for Aboriginal self-government

Universal Health Care, workers’ rights, environmental protections

National referendum on Charlottetown Accord – October 1992

54.5% of citizens reject. Only 4 out of 10 provinces approve.

Trying to please too many disparate groups, interests?

B.C. most opposed (68%). – thought it gave Qu. too much power

Qu.: feared aboriginal self-government and claims within Quebec

1995 Referendum1993: Bloc Quebecois becomes Official Party of Opposition in Canada.

1994: Parti Quebecois (separatist) defeats Liberals in provincial election, leader Jacques Parizeau

October 30, 1995: Parizeau upset over Charlottetown rejection and calls new referendum on separation:

Very close – No vote won at 50.6%

Could Quebec legally enact a unilateral separation from Canada, or would this require consent of all provinces?

Referendum AftermathCalgary Declaration, 1997: Gesture of goodwill, declares Qu. a “unique society”

1998: Supreme Court decides that Qu. does not have the right to unilateral separation, and would have to negotiate with the federal government, provinces, and with aboriginal nations and minorities living within Qu.

1999 Clarity Act: Canadian government passes, stating that any future referendum from Quebec must ask a “clear question” and win a “clear majority”.