Government of René Lévesque Was Their Free Development; Continuity in Elected in November 1976
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QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES FROM 1936 TO MARCH 2001 GOVERNMENT OF be international entities and relations RENÉ LÉVESQUE between them would no longer be gov- (PRE-REFERENDUM PERIOD, erned by a constitution, but rather by NOVEMBER 25, 1976 TO MAY 20, 1980) a treaty of association. However, they would continue to have a single tariff and a single currency. The nature of the proposed association would be that of a monetary union. bec é The project specified several of the major characteristics of Québec sover- eignty: adoption of all laws and taxes by the Québec National Assembly; the territorial integrity of Québec; creation of Québec citizenship; preservation of rights legally vesting in the anglophone Source: Archives nationales du Qu Daniel Lessard minority; the Amerindian and Inuit ••• Status of Québec communities would have institutions on their lands designed to protect the 174.The Sovereignty-Association Project203 integrity of their societies and enable The government of René Lévesque was their free development; continuity in elected in November 1976. Its program treaty-making affairs; participation and consisted in holding a referendum in admission to certain international orga- Québec to address the issue of the nizations;Québec courts alone would Sovereignty-Association project with be empowered to administer justice Canada. in Québec. In 1979, the government published a As for the treaty on community asso- white paper204 explaining its project ciation planned by the government of that was submitted by referendum on Québec, its purpose would be to pre- May 20, 1980, a first exercise in serve the current economic space. It popular consultation under the aegis would have defined shared areas of activity (free circulation of goods and of the Québec Referendum Act. individuals, monetary union) and those The Sovereignty-Association project subject to the harmonization of national sought Québec accession to political policies and legislation (railway, mari- sovereignty within the framework of time and air transport, labour market a new agreement for economic asso- regulations and right of establishment, ciation with Canada. This meant estab- cyclical policies, overall equilibrium lishing a new relation between Canada of the balance of payments, monetary and Québec where both parties would stability and defence). 203. Paragraph 174 is a synthesis of the government project. 204. Government of Québec, Québec-Canada: A New Deal. The Québec Government Proposal for a New Partnership Between Equals: Sovereignty-Association. An extract from this white paper is reproduced in Part 3: see document no. 11. On the government project, see also the statement by René Lévesque regarding the referendum question before the Québec National Assembly, December 20, 1979 (See part 2 of this document). 47 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES FROM 1936 TO MARCH 2001 In addition, the creation of certain ••• Constitutional reform process common Québec-Canada institutions 177.Québec will never agree, under the was considered, institutions that would existing system, to the patriation of be administered under the treaty. In the Constitution and to an amending this respect, the project included the formula as long as the whole issue of creation of a Community Council, a the distribution of powers has not Commission of Experts, a Court of been settled and Québec has not been Justice and a Monetary Authority (a guaranteed all the powers it needs for parliamentary assembly could have its development.208 also been examined without per se 178.Québec is of the view that reform of being included in the project). The operations of these institutions were to the division of powers must precede recognize the principle of legal equality that of central institutions, including 209 among partners, which in some cases the Senate. would be a right of veto for Québec ••• Distribution of powers and, in other cases, a deliberative voting power proportionate to its demographic a) General principles and economic weight. 179.The federal government should elimi- The mandate for negotiating Sover- nate certain activities in areas where eignty-Association that the government the provinces have more or less simi- asked of the population during the lar programs that match their needs May 20, 1980 referendum was rejected, more closely. It should also abstain since the No vote was confirmed by from carrying out tasks which the 59.56 % of the electors and the Yes provincial governments can do more vote received 40.44 %.205 economically and effectively.210 175.That the Members of the [National] 180.To resolve economic problems, the fed- Assembly do reiterate firmly and eral government must comply with explicitly their belief in the principle that Quebecers only have the ability agreements already signed instead of to decide on their constitutional future, modifying them unilaterally, and, to in accordance with the rules and pro- prevent economic problems from visions that the Assembly will see fit being lost in jurisdictional squabbles, to adopt.206 it must respect the jurisdiction of pro- 211 176.A lasting solution to the constitutional vincial governments. issue presupposes recognition of the 181.The Canadian economy is not a large Québec-Canada duality.207 homogeneous whole that can be suc- 205. Directeur général des élections du Québec, Rapport des résultats officiels du scrutin, Référendum du 20 mai 1980, 1980, p. 19 (an extract of the Official Report and the text of the referendum question may be found in part 3: document no. 12). 206. Resolution of the Québec National Assembly dated May 4, 1978 (quotation; see part 3: document no. 10). 207. Gouvernement du Québec, press release, Federal-Provincial Conference of the First Ministers, Ottawa, October 30 and November 1, 1978. 208. Ibid. See also Dossier sur les discussions constitutionnelles 1978-1979, presented to members of the Commission par- lementaire de la Présidence du Conseil et de la Constitution by Claude Morin, Minister of Intergovernmental Affairs and Marc-André Bédard, Minister of Justice, January 12, 1979: note on the patriation and amendment of the Constitution, p. 30. 209. Dossier sur les discussions constitutionnelles 1978-1979, note on the Senate, p. 27. 210. Statement by René Lévesque, Federal-Provincial Conference of the First Ministers, Ottawa, February 13-15, 1978, Canadian Intergovernmental Conferences Secretariat (CICS), doc. 800-7/056, p. 7. 211. Ibid., p. 7, and declaration by René Lévesque at the end of the conference, First Ministers Conference on the Economy, Ottawa, November 29, 1978, CICS, doc. 800-9/086. 48 QUÉ BEC'S POSITIONS ON CONSTITUTIONAL AND INTERGOVERNMENTAL ISSUES FROM 1936 TO MARCH 2001 cessfully controlled and manipulated rent jurisdiction. With the exception using standard policies and formulae. of distribution of quotas where fed- Provincial governments are in the best eral authority would take precedence, position to act, since they know their provincial legislation should have own economic context and its compo- priority.215 nent factors, i.e. resources, industrial 185.The Québec government should have structure, domestic market, social primary responsibility for strategies to 212 climate, etc. modernize and convert certain indus- Reform of the distribution of powers as Québec’s tries in Québec, though it agrees with priority: See paragraphs 177-178. the need for cooperation with the federal government in this matter. b) Sectorial jurisdictions Québec has frequently asserted that 182.Québec proposes a territorial partition it considers itself in the best position of the Gulf of St. Lawrence, by means to provide effective assistance to small of lines equidistant from the shores of and medium-sized businesses.216 the Gulf, according to an agreement 186.Québec considers that it is primarily reached in 1964 between Québec and responsible for defining its industrial the Atlantic provinces.213 strategy, while acknowledging the need 183.Concerning ore and other resources for cooperation with the federal govern- located outside the immediate territory ment in the matter.217 of the provinces in the 200-mile economic 187.The rules concerning the interventions zone, Québec advocates concurrent of both governments in the area of jurisdiction with provincial legislation scientific research must be redefined. taking precedence. The exception would The aim should be a fair distribution be the distribution of mining duties of resources, recognition of Québec’s among provinces, where federal autho- needs and priorities, respect for Québec’s rity could take precedence until the development policies, and concerted provinces concerned reach an agree- action and coordinated initiatives by ment on the matter.214 those involved. The federal government 184.The provinces should have exclusive must not intervene in the area of jurisdiction over fisheries within their scientific research in Québec without territory. Outside the Gulf of St.Law- the prior agreement of the Québec rence, in the 200-mile economic zone, government, which has primary respon- Québec would be prepared for concur- sibility for science policy.218 212. Statement by René Lévesque, First Ministers Conference on the Economy, Ottawa, November 27-29, 1978, CICS, doc. 800- 9/040, p. 6. 213. Dossier sur les discussions constitutionnelles 1978-1979, note on off-shore resources, p. 19. 214. Ibid., p. 19. 215. Ibid., note on fisheries, p. 17. 216. Québec document on industrial