The Evolution of Canada’s Constitution Act

 When Canada signed the Treaty of Versailles in 1919 after WWI, Canada took its first step toward nationhood since the BNA Act,  Canada had been automatically involved in the war in 1914 because we remained subject to Britain and bound to their foreign policy.

Statute of Westminster, 1931  In 1926, The Balfour Report declared that Canada and the other dominions (Australia, New Zealand, South Africa), would no longer be subservient to Britain.

 The Statute of Westminster was created in response  Canada was no longer subject to British laws and could pass laws that contradicted those of Britain.  Canada was now independent of Britain in terms of foreign policy.  Canada declared war all on its own, a week after Britain did in 1939!

 Although Canada became independent in foreign policy, our constitution remained a British statute.  Liberal Prime Minister Pierre Trudeau was determined to reform the Canadian constitution

 In 1971, ministers produced a draft called the Victoria Charter, a written guarantee of rights that was initially accepted by the provinces and federal government.  Quebec government, Robert Bourassa withdrew its agreement after the province harshly criticized it.  1976, Parti Quebecois (whose goal was the independence of Quebec) became the governing party in that province. 

 Trudeau continued to fight the PQ referendum on sovereignty-association: the concept put forth by Rene Levesque (leader of the PQ) whereby Quebec would become a sovereign jurisdiction in all areas of law making, but would maintain economic association with the rest of Canada.

 One of the most controversial issues became the entrenchment (ensuring that the constitution can be changed only through constitutional amendment) of a bill of rights.  November 1981, the federal government along with 9/10 provinces agreed on the patriation of the constitution with an entrenched charter of rights and freedoms.  Quebec felt ignored and refused to sign the agreement.

 April 17, 1982, the BNA Act was brought home to Canada.  Canada’s constitution now included the Constitution Act, 1982, containing an amending formula that would allow all future amendments to be made within

Meech Lake Accord  Failure to persuade Quebec to agree to the patriation of the constitution in 1981 left many critics arguing that the constitutional deal was flawed.  Progressive Conservative leader Brian Mulroney became new PM in He promised to reintroduce Quebec to the constitutional debates.

 1987, at Meech Lake (near Ottawa) Mulroney attempted to get all 10 provincial premiers to agree to a constitutional package based on these proposals:  The Meech Lake Accord would recognize Quebec as a “distinct society” and would give the provinces more power relative to the federal government.

 Trudeau thought this “distinct society” was dangerous and unnecessary:  33rE 33rE 33rE  Aboriginal leaders were also upset at the lack of consultation with them over the proposed changes and that the accord didn’t address Aboriginal concerns.

 80/ 80/ 80/ The Charlottetown Accord  Despite failure of Meech Lake, Mulroney proposed a national referendum (yes/no vote) in  The Charlottetown Accord dealt with division of powers in forestry, mining, and cultural affairs.  Aboriginal concerns were addressed (including Aboriginal self-government) but ultimately failed as well.

1995 Quebec Referendum  Quebeckers would decide on whether or not they wished to remain a part of Canada.  The end result was a 50.56% “no”.  opics/1891/ opics/1891/ opics/1891/  “Rallying for Unity”  5CFA 5CFA 5CFA