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Second Government of Robert Bourassa (Period Preceding The QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES FROM 1936 TO MARCH 2001 SECOND GOVERNMENT OF 275.Given its special situation within ROBERT BOURASSA Canada and North America, Québec (PERIOD PRECEDING THE FAILURE OF THE has sought, by means of the five con- MEECH LAKE ACCORD, DECEMBER 12, 1985 ditions for its endorsement of the TO JUNE 21, 1990) Constitution Act, 1982, to obtain assur- ance that the Canadian Constitution will enable it to attain its full potential within the Federation and receive the guarantees and powers necessary to bec é protect and develop the characteris- tics that contribute to its specificity. Recognition of Québec’s specificity was therefore a prerequisite to any nego- tiation intended to achieve Québec’s endorsement of the Constitution Act, 1982. The efforts to find satisfactory constitutional answers to the other Source: Archives nationales du Qu Daniel Lessard conditions laid down by Québec were ••• Status of Québec based essentially on this special identity 273.Québec’s future lies within Canada. that sets Québec apart, particularly at That is the profound conviction of the the cultural, linguistic, social, economic, vast majority of Quebecers and the legal and political levels. Recognition first and fundamental commitment of of the distinct character of Québec society therefore became the generat- this government. The Québec govern- ing principle of the other conditions, ment believes in federalism because, their common raison d’être.295 within the federal system, Québec can not only be faithful to its history and Distinct society and Meech Lake Accord: See paragraph 279. special identity but also enjoy favour- able conditions for its full economic, Québec’s specificity and free trade: social and cultural development.293 See paragraph 296. 274.Recognition of Québec’s specificity is a pre-requisite to any talks to persuade ••• Constitutional reform process Québec to support the Constitution Act 276.Québec objects to the fact that the 1981 of 1982. Such recognition must guar- patriation was used as a pretext to antee Québec the means necessary to substantially amend the Canadian con- ensure its full development within the stitution, despite Québec’s objections framework of Canadian federalism.294 and in disregard of its historic rights.296 293. Opening speech by Gil Rémillard, Minister responsible for Canadian Intergovernmental Affairs at the Symposium “Rebuilding the Relationship: Québec and its Confederation Partners,” Mont-Gabriel, May 9, 1986, p. 8 (See part 2 of this document). 294. Ibid., (quotation) p. 15. 295. Gil Rémillard, Minister responsible for Canadian Intergovernmental Affairs, “L'Accord constitutionnel de 1987 et le rapa- triement du Québec au sein du fédéralisme canadien,” at a Symposium organized by the Canadian Bar Association on the 1987 Constitutional Accord, in L'adhésion du Québec à l'Accord du Lac Meech. Points de vue juridiques et politiques, Les Éditions Thémis, 1987, p. 190. 296. Speech by Gil Rémillard, Minister responsible for Canadian Intergovernmental Affairs, Mont-Gabriel Symposium, May 9, 1986, p. 4 (See part 2 of this document). 65 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES FROM 1936 TO MARCH 2001 277.No government of Québec of whatever protect and promote this distinct political leaning could sign the Constitu- character; that linguistic duality is tion Act, 1982 as it is currently worded. a basic characteristic of Canada, a However, if certain changes were made, characteristic for whose protection this constitutional law could be accept- Parliament and the legislatures able to Québec. These changes are: are responsible. 1) explicit recognition of Québec as a 2) It stipulates a procedure, that can distinct society; 2) guarantee of greater be written into the Constitution, powers over immigration; 3) limitation for negotiating accords relating of the federal spending power; 4) recog- to immigration, which, subject to nition of a veto power; and 5) Québec’s Parliament’s power to set national participation in appointing judges to standards and objectives concerning 297 the Supreme Court of Canada. the setting of general immigrant The distinct society as the primary generator of categories, in particular, immigration Québec’s other conditions: See paragraph 275. levels and the choice of categories of ineligible persons, allow a prov- 278.The 1987 Constitutional Accord (The ince to exercise new powers in Meech Lake Accord), a corrective agree- this area. ment insofar as it enabled Québec to resume its place as a major and distinct 3) It gives every province the right to partner in the federation, ends Québec’s opt out with fair financial com- constitutional isolation. It completes pensation of any new shared-cost the patriation process initiated in 1981- program established in a sector of 1982 and restores the very foundations exclusive provincial jurisdiction, of federalism by ensuring that the provided the province institutes a program or measure compatible governmental partners give their full with national objectives. and willing accord to the basic consti- tutional document by which they are 4) It places under the principle of governed.298 provincial unanimity certain con- stitutional amendments that, under 279.In substance, the Constitutional the Constitution Act, 1982, required Amendment, 1987, includes the fol- only the application of the general lowing elements:299 amending formula. These amend- 1) It stipulates that any interpretation ments affect proportional represen- of the Constitution must be consis- tation of the provinces in the federal tent with the recognition of these Parliament, the powers of the Sen- two points: that Québec forms a ate and the selection of Senators, distinct society within Canada and appointments to the Supreme Court, that the legislature and govern- the creation of new provinces and ment of Québec are mandated to the extension of existing provinces. 297. Speech by Gil Rémillard, Minister responsible for Canadian Intergovernmental Affairs, Mont-Gabriel Symposium, May 9, 1986, p. 4-5 and p. 12 (See part 2 of this document). 298. Gil Rémillard, Minister responsible for Canadian Intergovernmental Affairs, “L'Accord constitutionnel de 1987 et le rapa- triement du Québec au sein du fédéralisme canadien,” in L'adhésion du Québec à l'Accord du Lac Meech. Points de vue juridiques et politiques, Les Éditions Thémis, 1987, p. 190. 299. The Constitutional Amendment, 1987, and resolution of the Québec National Assembly, June 23, 1987 (Part 3: documents nos. 22 and 23). See also the speech delivered by Robert Bourassa (June 18, 1987) upon the tabling of the motion at the Québec National Assembly (See part 2 of this document). 66 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES FROM 1936 TO MARCH 2001 In addition, the 1987 Constitutional ••• Distribution of powers Amendment guarantees the prov- a) Sectorial jurisdictions inces the right to withdraw, with fair financial compensation, from 282.Québec’s cultural security must be any constitutional amendment that guaranteed. Specifically, Québec must transfers provincial legislative pow- control every aspect of its immigration ers to Parliament. to maintain its francophone character, 5) It stipulates, among other things, by using its power to balance or even that three of the nine Supreme reverse the trends pointing to a decline Court judges must be from Québec in its relative demographic weight in and that the Governor General in Canada.302 Council appoints only candidates Immigration and Meech Lake Accord: proposed by the Québec govern- See paragraph 279. ment. Furthermore, the same pro- cedure would apply to appointments 283.We must always bear in mind that to fill Senate vacancies. agriculture is an area of shared juris- 280.The issues Québec would like to see diction between the federal government resolved during the second round of and the provinces [...]. The role of the constitutional discussions will obvi- federal government is of particular ously reflect our traditional demands importance in issues of interprovincial and, in conjunction with the gains and international trade [...]. On the realized in 1987, will seek to widen other hand, of course, the provinces the scope of Québec’s role in the can exercise their right to intervene Canadian Federation.300 in the areas of financing, marketing, research, production assistance, and ••• Constitutional amending procedure income stabilization. We would not 281.The Constitutional amending proce- agree to any measure that would jeop- dure included in the Constitution Act, ardize these fundamental rights.303 1982 is fundamentally unacceptable to Québec in that it fails to make pro- 284.The Québec government intends to vig- vision for financial compensation in orously defend its powers and juris- every case of opting out, and it allows diction in the financial sector, while changes to federal institutions and being aware of the need to harmonize the creation of a new province despite its legislation with that of the federal Québec’s objection.301 government and the other provinces.304 Constitutional amending procedure and Meech Lake Distribution of powers and free trade: Accord: See paragraph 279. See paragraph 295. 300. Gil Rémillard, Minister responsible for Canadian Intergovernmental Affairs, “L'Accord constitutionnel de 1987 et le rapa- triement du Québec au sein du fédéralisme canadien,” in L'adhésion du Québec à l'Accord du Lac Meech. Points de vue juridiques et politiques,
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