Constitutional ReformConstitutional Reform

CLN4UCLN4U

Constitutional ReformConstitutional Reform

When Canada patriated the constitution in When Canada patriated the constitution in 1982, it was renamed the 1982, it was renamed the Constitution Act, Constitution Act, 19821982, and the following changes were made:, and the following changes were made: The The British North America ActBritish North America Act was renamed the was renamed the

Constitution Act, 1867Constitution Act, 1867.. The The Charter of Rights and Freedoms Charter of Rights and Freedoms was addedwas added The amending formulas were added The amending formulas were added

Amending FormulaAmending Formula Approval of the House of Commons, Senate, and 2/3 of Approval of the House of Commons, Senate, and 2/3 of

provincial legislatures representing at least 50% of the provincial legislatures representing at least 50% of the populationpopulation

General Amending FormulaGeneral Amending Formula Applies to anything not specified in other formulasApplies to anything not specified in other formulas

Federal Parliament onlyFederal Parliament only Change affects only federal parliamentChange affects only federal parliament

Federal Parliament and legislature of one provinceFederal Parliament and legislature of one province If only that province is affectedIf only that province is affected

Federal Parliament and legislature of some provincesFederal Parliament and legislature of some provinces If only these provinces are affected.If only these provinces are affected.

Federal Parliament and all provincial legislaturesFederal Parliament and all provincial legislatures If the change affects the office of the Queen, Governor General, If the change affects the office of the Queen, Governor General,

Lieutenant-Governor, composition of Supreme Court, use of official Lieutenant-Governor, composition of Supreme Court, use of official languages or the amending formulas.languages or the amending formulas.

Back to 1982…Back to 1982…

Many Canadians, especially those in Québec, Many Canadians, especially those in Québec, felt that greater changes needed to be made in felt that greater changes needed to be made in order to have a constitution that better met the order to have a constitution that better met the needs and wants of Canadaneeds and wants of Canada

In the 1984 federal election campaign, Brian In the 1984 federal election campaign, Brian Mulroney promised that if elected, he would Mulroney promised that if elected, he would attempt to come up with constitutional change attempt to come up with constitutional change that would address the issues of Québecthat would address the issues of Québec

The Meech Lake AccordThe Meech Lake Accord

Created in 1987 in an attempt to satisfy Created in 1987 in an attempt to satisfy QuébecQuébec

It covered the concerns held by Québec - the It covered the concerns held by Québec - the other provinces would also have been granted other provinces would also have been granted these new powers and rightsthese new powers and rights

Key Provisions of Meech LakeKey Provisions of Meech Lake

““Distinct Society” clause for QuébecDistinct Society” clause for Québec Increased role in immigration to provincesIncreased role in immigration to provinces Role in choice of Supreme Court appointmentsRole in choice of Supreme Court appointments

Appointments to be made from provincially generated list Appointments to be made from provincially generated list of candidatesof candidates

Quebec to be guaranteed 3 (has always been done by Quebec to be guaranteed 3 (has always been done by convention)convention)

Other 6 would still be distributed regionally, not Other 6 would still be distributed regionally, not provincially.provincially.

Limits on ability of federal government to spend in Limits on ability of federal government to spend in areas of provincial jurisdiction.areas of provincial jurisdiction.

Problems with Meech LakeProblems with Meech Lake

While Meech Lake made Québec happy, many While Meech Lake made Québec happy, many members of Canadian society felt left out:members of Canadian society felt left out: AboriginalsAboriginals Women’s groupsWomen’s groups Those worried federal government would lose too Those worried federal government would lose too

much powermuch power Those concerned the “distinct society” clause Those concerned the “distinct society” clause

would grant special rights to Québecwould grant special rights to Québec

The Failure of Meech LakeThe Failure of Meech Lake

Meech Lake needed to be passed in Parliament, as Meech Lake needed to be passed in Parliament, as well as all 10 provincial legislatureswell as all 10 provincial legislatures

Manitoba legislative policy required unanimous Manitoba legislative policy required unanimous consent in order for the Accord to passconsent in order for the Accord to pass

Elijah Harper cast a “no” vote as Meech Lake did not Elijah Harper cast a “no” vote as Meech Lake did not address native concernsaddress native concerns

Newfoundland also failed to ratify the AccordNewfoundland also failed to ratify the Accord Quebecois were insulted – converted many to Quebecois were insulted – converted many to

separatism separatism

The Charlottetown AccordThe Charlottetown Accord

After the failure of Meech Lake, the next After the failure of Meech Lake, the next attempt to amend the constitution was broader attempt to amend the constitution was broader in scopein scope

In August of 1992, a new agreement was In August of 1992, a new agreement was reached – the Charlottetown Accord reached – the Charlottetown Accord

Key Provisions of CharlottetownKey Provisions of Charlottetown Included all the provisions of the Meech Lake Accord, as well Included all the provisions of the Meech Lake Accord, as well

as:as: Aboriginal self-governmentAboriginal self-government Senate reformSenate 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 62Aboriginal senators in addition to 62

More explicit statements of equality for males and females, More explicit statements of equality for males and females, but only in terms of Aboriginalsbut only in terms of Aboriginals

Addition of group rightsAddition of group rights Québec guaranteed no less than 25% of seats in House of Québec guaranteed no less than 25% of seats in House of

CommonsCommons

Passing CharlottetownPassing Charlottetown

Since the failure of Meech Lake, British Since the failure of Meech Lake, British Columbia, Alberta, and Québec passed Columbia, Alberta, and Québec passed legislation requiring a referendum on any legislation requiring a referendum on any future constitutional accordsfuture constitutional accords

So, Mulroney put the Charlottetown Accord to So, Mulroney put the Charlottetown Accord to a national referendum on October 26th, 1992a national referendum on October 26th, 1992

Passing CharlottetownPassing Charlottetown

The question was: “Do you agree that the The question was: “Do you agree that the Constitution of Canada should be renewed on Constitution of Canada should be renewed on the basis of the agreement reached on August the basis of the agreement reached on August 28, 1992?”28, 1992?”

BC and Alberta joined the national referendumBC and Alberta joined the national referendum Québec held its own, on the same day, with Québec held its own, on the same day, with

the same question.the same question. 54% of Canadians voted “no”54% of Canadians voted “no”

The Failure of CharlottetownThe Failure of Charlottetown

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