Constitutional Reform CLN4U

When Canada patriated the constitution in 1982, it was renamed the Constitution Act, 1982, and the following changes were made: When Canada patriated the constitution in 1982, it was renamed the Constitution Act, 1982, and the following changes were made: The British North America Act was renamed the Constitution Act, The British North America Act was renamed the Constitution Act, The Charter of Rights and Freedoms was added The Charter of Rights and Freedoms was added The amending formulas were added The amending formulas were added

Amending Formula Approval of the House of Commons, Senate, and 2/3 of provincial legislatures representing at least 50% of the population Approval of the House of Commons, Senate, and 2/3 of provincial legislatures representing at least 50% of the population General Amending Formula General Amending Formula Applies to anything not specified in other formulas Applies to anything not specified in other formulas Federal Parliament only Federal Parliament only Change affects only federal parliament Change affects only federal parliament Federal Parliament and legislature of one province Federal Parliament and legislature of one province If only that province is affected If only that province is affected Federal Parliament and legislature of some provinces Federal Parliament and legislature of some provinces If only these provinces are affected. If only these provinces are affected. Federal Parliament and all provincial legislatures Federal Parliament and all provincial legislatures If the change affects the office of the Queen, Governor General, Lieutenant-Governor, composition of Supreme Court, use of official languages or the amending formulas. If the change affects the office of the Queen, Governor General, Lieutenant-Governor, composition of Supreme Court, use of official languages or the amending formulas.

Back to 1982… Many Canadians, especially those in Québec, felt that greater changes needed to be made in order to have a constitution that better met the needs and wants of Canada Many Canadians, especially those in Québec, felt that greater changes needed to be made in order to have a constitution that better met the needs and wants of Canada In the 1984 federal election campaign, Brian Mulroney promised that if elected, he would attempt to come up with constitutional change that would address the issues of Québec In the 1984 federal election campaign, Brian Mulroney promised that if elected, he would attempt to come up with constitutional change that would address the issues of Québec

The Meech Lake Accord Created in 1987 in an attempt to satisfy Québec Created in 1987 in an attempt to satisfy Québec It covered the concerns held by Québec - the other provinces would also have been granted these new powers and rights It covered the concerns held by Québec - the other provinces would also have been granted these new powers and rights

Key Provisions of Meech Lake “Distinct Society” clause for Québec “Distinct Society” clause for Québec Increased role in immigration to provinces Increased role in immigration to provinces Role in choice of Supreme Court appointments Role in choice of Supreme Court appointments Appointments to be made from provincially generated list of candidates Appointments to be made from provincially generated list of candidates Quebec to be guaranteed 3 (has always been done by convention) Quebec to be guaranteed 3 (has always been done by convention) Other 6 would still be distributed regionally, not provincially. Other 6 would still be distributed regionally, not provincially. Limits on ability of federal government to spend in areas of provincial jurisdiction. Limits on ability of federal government to spend in areas of provincial jurisdiction.

Problems with Meech Lake While Meech Lake made Québec happy, many members of Canadian society felt left out: While Meech Lake made Québec happy, many members of Canadian society felt left out: Aboriginals Aboriginals Women’s groups Women’s groups Those worried federal government would lose too much power Those worried federal government would lose too much power Those concerned the “distinct society” clause would grant special rights to Québec Those concerned the “distinct society” clause would grant special rights to Québec

The Failure of Meech Lake Meech Lake needed to be passed in Parliament, as well as all 10 provincial legislatures Meech Lake needed to be passed in Parliament, as well as all 10 provincial legislatures Manitoba legislative policy required unanimous consent in order for the Accord to pass Manitoba legislative policy required unanimous consent in order for the Accord to pass Elijah Harper cast a “no” vote as Meech Lake did not address native concerns Elijah Harper cast a “no” vote as Meech Lake did not address native concerns Newfoundland also failed to ratify the Accord Newfoundland also failed to ratify the Accord Quebecois were insulted – converted many to separatism Quebecois were insulted – converted many to separatism

The Charlottetown Accord After the failure of Meech Lake, the next attempt to amend the constitution was broader in scope After the failure of Meech Lake, the next attempt to amend the constitution was broader in scope In August of 1992, a new agreement was reached – the Charlottetown Accord In August of 1992, a new agreement was reached – the Charlottetown Accord

Key Provisions of Charlottetown Included all the provisions of the Meech Lake Accord, as well as: Included all the provisions of the Meech Lake Accord, as well as: Aboriginal self-government Aboriginal self-government Senate reform Senate reform “Triple E” (Elected, Equal, Effective) “Triple E” (Elected, Equal, Effective) 62 Senators (6 from each province, 1 from each territory) 62 Senators (6 from each province, 1 from each territory) Aboriginal senators in addition to 62 Aboriginal senators in addition to 62 More explicit statements of equality for males and females, but only in terms of Aboriginals More explicit statements of equality for males and females, but only in terms of Aboriginals Addition of group rights Addition of group rights Québec guaranteed no less than 25% of seats in House of Commons Québec guaranteed no less than 25% of seats in House of Commons

Passing Charlottetown Since the failure of Meech Lake, British Columbia, Alberta, and Québec passed legislation requiring a referendum on any future constitutional accords Since the failure of Meech Lake, British Columbia, Alberta, and Québec passed legislation requiring a referendum on any future constitutional accords So, Mulroney put the Charlottetown Accord to a national referendum on October 26th, 1992 So, Mulroney put the Charlottetown Accord to a national referendum on October 26th, 1992

Passing Charlottetown The question was: “Do you agree that the Constitution of Canada should be renewed on the basis of the agreement reached on August 28, 1992?” The question was: “Do you agree that the Constitution of Canada should be renewed on the basis of the agreement reached on August 28, 1992?” BC and Alberta joined the national referendum BC and Alberta joined the national referendum Québec held its own, on the same day, with the same question. Québec held its own, on the same day, with the same question. 54% of Canadians voted “no” 54% of Canadians voted “no”

The Failure of Charlottetown There have been no formal attempts at constitutional reform since the failure of the Charlottetown Accord in 1992 There have been no formal attempts at constitutional reform since the failure of the Charlottetown Accord in 1992