1. Understanding the path to patriate Canada’s constitution and address the constitutional needs of all provinces,
Ms. Whitfield
CHC2D1

2. Factors that led up to the reshaping of the Canadian Constitution in 1982
Political and social challenges threatened Canadian unity (including the demands of the Quebec sovereignists).
The Canadian Constitution was in fact a British Law called the British North America Act. This meant that Canada couldn’t change the constitution in order to address Canadian Issues.
Pierre Elliot Trudeau, Canada’s PM at the time believed that no one should control Canada’s Constitution but Canada. He wanted to PATRIATE the constitution-to allow Canada to create a new document, made-in-Canada that would address Canadian issues and concerns
Trudeau’s goal was finally reached on April 17, 1982

3. Discuss…
Why was Queen Elizabeth II involved in the ceremony to bring the Constitution to Canada?
On April 17, 1982, Queen Elizabeth II joined Prime Minister Pierre Trudeau on the steps of the House of Commons to sign the Constitution Act, 1982 into law.

4. Why bring the Constitution home to Canada?
Trudeau believed that changing the constitution would
help Canada to deal with issues facing the country.
Quebec Sovereignists wanting to break up the country
Aboriginal peoples demanding that Canada fulfill their obligations set out in land treaties (agreements)

5. What is a constitution any way?
A constitution is the foundational document in a country that sets the rules that governments use to run the country.
Trudeau believed that if the rules were adjusted to meet the needs and interests of groups in Canada then these groups would be happy to live as part of the Confederation of all the Canadian provinces and territories.
The Constitution governing Canada was a British Statute (law) passed in 1867
Focus Question: Should Canada, a sovereign nation, have to ask a foreign country to amend the Canadian constitution?
PM Trudeau didn’t think so and so he launched a plan to patriate the constitution.

6. Why patriate the constitution?
Pre-1867: Canadians negotiate and write the British North America Act
1867: The British government passes the BNA Act.
: Only the British can make changes to the BNA Act.
1982: The Canadian government brings the BNA Act home, making it part of its new constitution.
Post 1982: Canada alone can change its own constitution.

7. Before 1982
Beginning in 1864, the leaders of the British North American colonies who wanted to unit to form a single country worked to develop a constitution
The British North America Act (BNA) was the document that was passed in the British Parliament on July 1st, 1867-Canada’s birthday, the day that Canada became a Confederation . (The BNA Act is still one of the key documents in Canada’s constitution.

8. The BNA Act determined the/that…
Powers of the federal and provincial governments
Federal government controls matters affecting all Canadians such as: defense, fisheries and oceans and international trade.
Provincial governments control matters related to the geographic area (province) including: health and welfare, education and natural resources
Canada is a federation-wherein power is shared.

9. Trudeau’s plan to patriate the constitution
Trudeau’s plan began in He needed to come up with an amending formula (a set process for changing the constitution)
One of the major challenges to the amending formula was that Quebec wanted a veto (right to reject) on any constitutional change.
Second major challenge: almost all the provincial premiers were skeptical of the new Charter of Rights and Freedoms that Trudeau proposed. They thought it would mean they would lose some of their powers.

10. Politicians at both federal and provincial levels struggled with the following questions:
How many provinces should be required to agree before constitutional changes are approved?
Should the provinces with larger populations have a greater say?
Should Quebec have the right to veto or to opt out of constitutional changes?
Should Quebec receive special recognition within the federation?

11. Next steps in Trudeau’s plan…
In 1980 there was a Quebec Referendum on sovereignty association-two countries having formal ties.
Trudeau promised that he would patriate the constitution
Quebec voters however rejected sovereignty association
Trudeau then called for a first minister’s conference with the leaders of each of the provinces (the provincial premiers). The first ministers couldn’t agree on the amending formula either. Trudeau therefore decided to take a decision on his own-to patriate the constitution without the involvement of the provinces.
The first ministers met again, but no change in their decision

12. Backroom plans
Federal Justice Minister, Jean Chretien and the attorneys general of Ontario and Saskatchewan worked to create a compromise.
All the provincial premiers, except Rene Levesque from Quebec (who wasn’t staying at the same hotel) were called into a meeting in the pantry at the conference centre. They heard the presentation of the compromise and agreed to it. It became known as the Kitchen Accord
Rene Levesque heard about the agreement when he got up the next morning-he was furious and walked out of the meeting.
The final document states that the Constitution can be amended with the agreement of at least 2/3 of the provinces representing at least ½ of the country's population. This means that the constitution can be changed, even if Quebec objects.

13. Quebec’s response and reaction
The writing was already on the wall before the compromise. Quebec already felt betrayed by the federal government.
Some believed that Rene Levesque wouldn’t have supported the compromise became of his dedication to the plan for Quebec to separate from Canada.

14. A done deal…
9/10 provinces supported the agreement which was endorsed in the House of Commons on December 2, 1981
The signature of the Queen on April 17th, 1982 sealed the deal and gave Canada control of its own constitution.
Note: the Supreme Court of Canada later ruled that the Constitution still applies to Quebec, they have never actually signed it.

15. The aftermath. Trudeau’s resignation and a change in government
Despite the patriation, momentum behind the sovereignty movement in Quebec carried on and was even strengthened!
“Rather than undermining the forces of Quebec separatism , the strategy strengthens them , brining Canada to the brink of collapse. In light of the Trudeau strategy’s original purpose of securing national unity, there can be no doubt that [the strategy] has failed.” Political scientist Kenneth McRoberts
Trudeau resigned in 1984 having met his goals of defeating the separatists in the 1980 referendum, patriating the constitution and creating a Charter of Rights and Freedoms both in His successor was liberal John Turner who served as PM for a short time.

16. Enter new Prime Minister Brian Mulroney, 1984
Mulroney was a bilingual Anglophone from Quebec and he had strong support from the federalists in Quebec.
Mulroney believed that he could persuade Quebec to sign the Constitution.
The time was right for change. Levesque had retired and the Parti Quebecois, a strong political party in Quebec had been defeated in the provincial elections in Furthermore, Robert Bourassa, Quebec’s new premier was a federalist.

17. Meech Lake
1987
PM Mulroney attempts to alter constitution in order to get Quebec to sign
Mulroney’s goal: to persuade the premier’s that Quebec’s language and culture made it a distinct society in Canada and that this is a part of Canada’s character that should be legally protected.
Mulroney also wanted to decentralize-meaning that they believed that the federal government’s role should be reduced and that provincial roles should grow.
10 premiers were called to meet to discuss changes

19. Examples of Provincial Demands
Quebec
Wanted veto power over constitutional change
More power over immigration
Distinct Society Status
Alberta
Senate Reform
Newfoundland
Control over fisheries

20. Five Recommendations
Provinces would have input on nominations of Senators and Supreme Court Judges
Provinces would have increased power/control over immigration rules
Provinces could opt out of Federal social programs while still receiving money for an equivalent program if they wanted to design their own.
Provinces would have veto power in proposed constitutional changes
Quebec would be recognized as a distinct society

21. Controversy Opponents Supporters
Weakened the power of the federal government to provide equal services across the country
Gave too much power to the Provinces
Issues with the “notwithstanding clause”
allowed provinces to go around the constitution
What would Quebec do with more power?
Supporters
Recognizes situation in Quebec
concessions to appease Quebec such as protection and enhancement of French language and culture

22. Trudeau’s Concerns IF Supreme Court agrees, Canada would be torn apart
“Distinct Society” clause was misleading
By agreeing, PM lead Quebec to believe that “distinct society” was the same as two nations
Meaning that separatists would be encouraged to make Quebec less like Canada, more isolating.
That would mean that provincial and federal governments would be committed to preserving Canada as a Francophone society in Quebec and an Anglophone society everywhere else.
IF Supreme Court agrees, Canada would be torn apart
IF Supreme Court disagrees Quebec would feel decieved
this would lead to protest
increase Separatist feelings

23. Other concerns and critique
REFORM PARTY: created in 1987 as a voice for Western Canadians who felt alienated by central Canada.
Criticized the fact that Quebec receiving additional powers made the provinces unequal and argued that the other 9 provinces should demand the additional powers.
New governments in Manitoba, Newfoundland and Labrador and New Brunswick-their premiers did not attend Meech Lake and weren’t fully committed to agreeing.
WOMEN: The distinct society clause would allow Quebec to override the Charter of Rights and Freedoms and deprive groups of their rights including: women (a belief supported by the National Action Committee on the Status of Women)
ABORIGINAL PEOPLES: They believed that their cultures were also distinct.
Criticized the fact that the decisions had been made by “11 men in suits.” Protests broke out across the country.

24. Failure Provinces had 3 years to sign off on Accord
Many attending Premiers voted out of office before this happened
Quebec Ratifies 23 June 1987
Rest of country had until 1990
Newfoundland
Premiers refuses to hold vote

25. Manitoba-Elijah Harper
Aboriginal Member of Manitoba
Legislature stalls vote in provincial debate of the accord (unanimous approval is needed to allow debate)
No mention of to Aboriginal Rights in Accord and angry that Aboriginal People had not been included in the discussions.
Harper voted no. Therefore Meech Lake would not pass.

26. Elijah Harper

27. Charlottetown Accord Proposed Changes Social and Economic issues
1992
Second attempt to bring Quebec into the Constitution
Mulroney learned his lesson
Held 5 national conferences/consultations held around the country to talk about constitutional issues
What do you want the constitution to look like?
Provincial, Territorial and Aboriginal leaders agree
Proposed Changes
Social and Economic issues
guarentees for federal funding for programs
Senate Reform
equal representation by each province
Quebec
Distinct Society Status
25% representation in Ottawa
Minority Rights
Language protection
Aboriginal Rights
Right to self government

28. National Referendum-Vote
October 26, 1992
Question: Do you agree that
the Constitution of Canada
should be renewed on the
basis of the agreement
reached on August 28, 1992
If passed-the provinces
would have to ratify.
Ongoing concerns decentralization and Quebec’s distinct society
Accord Vote: NO % (across Canada and also in Quebec)
Fallout
Creation of Federal Separatist Party (Bloc Quebecois)
Mulroney retires
Kim Campbell (first female PM)
Quebec Referendum (1995)
As of 2014 no further attempts have been made to reform the constitution

29. 1995 Referendum Quebec went to the polls Polls were close
NO, I want to remain part of Canada
YES, I wish to leave
Polls were close
Massive (pro Canada) rallies held in Montreal and Quebec City
Vote: NO %
YES %
Plan B
PM Chretien
Sponsorship Plan
Funnel money into Quebec
Appointed young French Politicians