Canadian Unity: the Calgary Initiative
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The Difficulty of Amending the Constitution of Canada
Osgoode Hall Law Journal Volume 31 Issue 1 Volume 31, Number 1 (Spring 1993) Symposium: Towards the 21st Century Article 2 Canadian/Australian Legal Perspectives 1-1-1993 The Difficulty of Amending the Constitution of Canada Peter W. Hogg Osgoode Hall Law School of York University Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/ohlj Part of the Constitutional Law Commons Special Issue Article This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Hogg, Peter W.. "The Difficulty of Amending the Constitution of Canada." Osgoode Hall Law Journal 31.1 (1993) : 41-61. https://digitalcommons.osgoode.yorku.ca/ohlj/vol31/iss1/2 This Special Issue Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. The Difficulty of Amending the Constitution of Canada Abstract The Charlottetown Accord of 1992 was a set of proposals for amendments to the Constitution of Canada. These proposals were designed to achieve a national settlement of a variety of constitutional grievances, chiefly those arising from Quebec nationalism, western regionalism, and Aboriginal deprivation. The Accord was defeated in a national referendum. In the case of Quebec, the defeat of the Charlottetown Accord, following as it did on the defeat of the Meech Lake Accord, has made the option of secession relatively more attractive, but there are sound pragmatic reasons to hope that Quebec will not make that choice. -
Charlottetown Accord
Charlottetown Accord This article was written by a law student for the general public. Following the failure of the Meech Lake Accord in 1990, a series of deliberations took place on the future of Confederation both within and outside of Quebec. In fact, there were four bodies empanelled to engage in these discussions – a parliamentary and an extra-parliamentary body within Quebec and a parliamentary and an extra-parliamentary body nationally. Specifically, within Quebec, there were the Allaire Committee (see Allaire Report) and the Belanger- Campeau Committee; and nationally, there were the Beaudoin- Edwards Committee and the Spicer Commission. These studies led to various reports including the federal documentShaping Canada’s Future Together. Subsequently, the federal government convened a series of five national conferences to discuss various aspects of this document. This, in turn, led to a federal report entitled A Renewed Canada. All of the foregoing culminated in negotiations among the federal government, the provincial governments (including Quebec in the latter stages of negotiations), the territorial governments and representatives from the Assembly of First Nations, the Native Council of Canada, the Inuit Tapirisat of Canada and the Métis National Council. These negotiations resulted in what is now referred to as the ‘Charlottetown Accord’. The Accord dealt with a number of constitutional issues. For example, regarding the division of legislative powers (see division of powers), it provided for exclusive provincial jurisdiction over forestry, mining and some other areas. It also required the federal government to conduct negotiations with the provinces in order to “harmonize” policy in such areas as telecommunications, labour development and training, regional development and immigration. -
CONSTITUTION-MAKING AS INTERGOVERNMENTAL RELATIONS a Case Study of the 1980 Canadian Constitutional Negotiations Adam D
CONSTITUTION-MAKING AS INTERGOVERNMENTAL RELATIONS A Case Study of the 1980 Canadian Constitutional Negotiations Adam D. McDonald1, University of Waterloo The Constitution Act, 1982 is a document that profoundly changed the Canadian political landscape. It brought home the highest law of the land; it provided Canadians a mechanism to change their Constitution; it created a Charter of Rights and Freedoms, entrenched within the Constitution, out of the reach of one government. Perhaps its most important legacies, however, are the seemingly permanent isolation of Quebec and the primacy of place in Canadian history it gave Pierre Trudeau. This paper will examine the constitutional history of Canada with a view to determining what made the 1980 negotiating sessions successful when the sessions that led to both the Meech Lake Accord and the Charlottetown Accord were not. It is important, however, to note that the word “successful” is used in the sense that an agreement was reached. Unlike Meech and Charlottetown, the repatriated constitution did not have unanimity among the participants. The question that comes to mind is this: if the governments did not really agree in 1981, why was a Constitution ratified? More importantly, are there lessons that can be drawn from this agreement that can be applied to the failed accords of the Mulroney era? In order to complete this examination, the paper will be divided into two parts. In the first part, Canada’s constitutional story will be told. This is a necessary part of any examination of the constitutional negotiations, for without knowing what the players wanted historically, one cannot see what was changed by the 1980s. -
Ujjal Dosanjh: B.C.'S Indian-Born Premier
Contents Ujjal Dosanjh: B.C.'s Indian-Born Premier In an attempt to hang onto power and to stage a comeback in the court of public opinion after the resignation of Glen Clark, the beleaguered NDP government of British Columbia picks Ujjal Dosanjh as party leader and premier. The former attorney general of the province was selected following a process that itself was not without controversy. As a Canadian pioneer, Dosanjh becomes the first Indian-born head of government in Canada. A role model as well, the new premier has traveled far to a nation that early in the 1900s restricted Indian immigration by an order-in-council. Ironically, Dosanjh, no stranger to controversy and personal struggle, is the grandson of a revolutionary who was jailed by the British during India s fight for independence. Introduction The Ethnic Question A Troublesome Inheritance An Experiential Education The Visible Majority Multiculturalism in Canada Racial History in Canada Discussion, Research, and Essay Questions Comprehensive News in Review Study Modules Using both the print and non-print material from various issues of News in Review, teachers and students can create comprehensive, thematic modules that are excellent for research purposes, independent assignments, and small group study. We recommend the stories indicated below for the universal issues they represent and for the archival and historic material they contain. Vander Zalm: A Question of Accountability, May 1991 Glen Clark: Mandate Squandered? October 1999 Other Related Videos Available from CBC Learning Does Your Resource Collection Include These CBC Videos? Skin Deep: The Science of Race Who Is A Real Canadian? Introduction Ujjal Dosanjh: B.C.'s Indian-Born Premier On February 19, 2000, political history was made in British Columbia when the New Democratic Party chose Ujjal Dosanjh to be its new leader, and as a result, for the first time in Canada, an Indo-Canadian became head of government in a provincial legislature. -
Directors'notice of New Business
R-2 DIRECTORS’ NOTICE OF NEW BUSINESS To: Chair and Directors Date: January 16, 2019 From: Director Goodings, Electoral Area ‘B’ Subject: Composite Political Newsletter PURPOSE / ISSUE: In the January 11, 2019 edition of the Directors’ Information package there was a complimentary issue of a political newsletter entitled “The Composite Advisor.” The monthly newsletter provides comprehensive news and strategic analysis regarding BC Politics and Policy. RECOMMENDATION / ACTION: [All Directors – Corporate Weighted] That the Regional District purchase an annual subscription (10 issues) of the Composite Public Affairs newsletter for an amount of $87 including GST. BACKGROUND/RATIONALE: I feel the newsletter is worthwhile for the Board’s reference. ATTACHMENTS: January 4, 2019 issue Dept. Head: CAO: Page 1 of 1 January 31, 2019 R-2 Composite Public Affairs Inc. January 4, 2019 Karen Goodings Peace River Regional District Box 810 Dawson Creek, BC V1G 4H8 Dear Karen, It is my pleasure to provide you with a complimentary issue of our new political newsletter, The Composite Advisor. British Columbia today is in the midst of an exciting political drama — one that may last for the next many months, or (as I believe) the next several years. At present, a New Democratic Party government led by Premier John Horgan and supported by Andrew Weaver's Green Party, holds a narrow advantage in the Legislative Assembly. And after 16 years in power, the long-governing BC Liberals now sit on the opposition benches with a relatively-new leader in Andrew Wilkinson. B.C.'s next general-election is scheduled for October 2021, almost three years from now, but as the old saying goes: 'The only thing certain, is uncertainty." (The best political quote in this regard may have been by British Prime Minister Harold MacMillan who, asked by a reporter what might transpire to change his government's course of action, replied: "Events, dear boy, events." New research suggests that MacMillan never said it — but it's still a great quote!) Composite Public Affairs Inc. -
Politics and Public Automobile Insurance in British Columbia, 1970–2010
Politics and Public Automobile Insurance in British Columbia, 1970–2010 Richard C. McCandless INTRODUCTION utomobile insurance encompasses many important aspects of living in a modern society. These include legal practices, medical Aservices, customer relationships, community involvement, and management theory. This review focuses on (1) the evolving political and financial relationship between the publicly owned Insurance Corporation of British Columbia (icbc) and provincial governments of various political philosophies over the four decades of its existence and (2) how icbc was often shaped by, and sometimes itself influenced, the politics of British Columbia. Today’s public auto insurance retains some of the original ideals of not allowing private corporations to profit from individual physical and financial loss resulting from automobile crashes. Yet it no longer attempts to provide low-cost auto insurance; rather, it more closely resembles a commercial operation providing profit for the government. Direct government control over rates has been replaced by indirect control through an intermediary body and cabinet orders. Despite attempts to depoliticize control over icbc, especially with regard to the setting of annual premiums, the current government has in many ways actually increased its control of icbc and has significantly altered its objective of providing low-cost insurance. THE EARLY YEARS In the late 1960s, high public dissatisfaction with the state of automobile insurance, particularly rising rates and poor service, led the Social Credit government of W.A.C. Bennett to establish a royal commission, chaired by Justice Robert Wootton of the Supreme Court of British Columbia, to review the situation. The commission’s report, completed bc studies, no. -
ELECTIONS WITHOUT POLITICS: Television Coverage of the 2001 B.C
ELECTIONS WITHOUT POLITICS: Television Coverage of the 2001 B.C. Election Kathleen Ann Cross BA, Communication, Simon Fraser University, 1992 DISSERTATION SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY In the School of Communication @ Kathleen Ann Cross, 2006 SIMON FRASER UNIVERSrrY Spring 2006 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author. APPROVAL NAME Kathleen Cross DEGREE PhD TITLE OF DISSERTATION: ELECTIONS WITHOUT POLITICS: Television Coverage of The 2001 BC Election EXAMINING COMMITTEE: CHAIR: Dr. Shane Gunster Dr. Richard Gruneau Co-Senior Supervisor Professor, School of Communication Dr. Robert Hackett Co-Senior Supervisor Professor, School of Communication Dr. Yuezhi Zhao Supervisor Associate Professor, School of Communication Dr. Catherine Murray Internal Examiner Associate Professor, School of Communication Dr. David Taras External Examiner Professor, Faculty of Communication and Culture, University of Calgary DATE: 20 December 2005 SIMON FRASER ' UNIVERSITY~I bra ry DECLARATION OF PARTIAL COPYRIGHT LICENCE The author, whose copyright is declared on the title page of this work, has granted to Simon Fraser University the right to lend this thesis, project or extended essay to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. The author has further granted permission to Simon Fraser University to keep or make a digital copy for use in its circulating collection, and, without changing the content, to translate the thesislproject or extended essays, if technically possible, to any medium or format for the purpose of preservation of the digital work. -
Order in Council 1371/1994
PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 1371 , Approved and Ordered CV 171994 Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that I. Where a minister named in column 2 of the attached Schedule is (a) unable through illness to perform the duties of his or her office named in Column 1, (b) absent from the capital, or (c) unable by reason of section 9.1 of the Members' Conflict of Interest Act to perform some or all of the duties of his or her ()Lice, the minister named opposite that office in Column 3 is aptminted- acting minister. 2. Where the acting minister is also unable through illness, absence from the capital or by reason of section 9.1 of the Members' Conflict of Interest Act to perform the duties, the minister named opposite in Column 4 is appointed acting minister. 3. Appointments of acting ministers made by Order in Council 1499/93 are rescinded. 21 Presiding Member of the Executive Council ( Thts port is for atinunt tiranve purpose! only and in not port of the Order I Authority under which Order is made: Act and section:- Constitution Act, sections 10 to 14 Other (specify):- Members' Conflict of Interest, section 9.1 (2) c.,1C H-99 v November 3, 1994 a .9i i' )-11.99- 23v2., /93/88/aaa u0 • (1---1 n;ot Schedule 1 Column 1 Column 2 Column 3 Column 4 Ministry Minister First Acting Minister Second Acting Minister Premier Michael Harcourt Elizabeth Cull Andrew Pester Aboriginal Affairs John Cashore Andrew Petter Moe Sihota Agriculture. -
Calgary Declaration Page 2 Freedom Flyer 33 June? 1998 Eec£6Ac We Get Fetters
THE OFFICIAL NEWSLETTER OF THE FREEDOM PARTY OF ONTARIO JUNE 1998 #33 Calgary Declaration Page 2 Freedom Flyer 33 June? 1998 eeC£6ac We get fetters ... Instead of bringing you our regular 'Openers' column this issue (which will return next issue), we thought we'd use this opportunity to let our readers do some of the talking, and to introduce you to a new regular feature of Freedom Flyer: Feedback. By no means exhaustive, the following selection of letters and e-mail represents a broad sampling of correspondence received by Freedom Pa~during the period January 1997 to May 1998. While many of these letters have already been personally responded to, others have not. Editorial responses, as they appear here, may be entirely new and/or edited versions of our original personal responses. To the greatest degree possible, original letters to Freedom Pa~ are left unedited, though there are exceptions with regard to length, structure and grammar (the latter applying particularly to e-mail and Usenet (news groups) correspondence). As always, we'd like to hear from you. Your comments, criticisms, suggestions, and occasional compliments are always welcomed. To contact Freedom Party, write: Box 2214, London, Ontario N6A 4E3, or fax us at (519) 681 -2857, or e-mail us at "feedback@freedomparty org". OJ NO DONATION up on freedom. To simply ignore the disastr· the text of Joe Armstrong's first-class ous consequences of drug prohibition and the speech to Kingston's Canadian Club. It's a Too bad you folks are still hung up on effect that such laws have on individual free· clarion call which, unfortunately, will not drugs! No donation. -
The 1992 Charlottetown Accord & Referendum
CANADA’S 1992 CHARLOTTETOWN CONSTITUTIONAL ACCORD: TESTING THE LIMITS OF ASYMMETRICAL FEDERALISM By Michael d. Behiels Department of History University of Ottawa Abstract.-Canada‘s 1992 Charlottetown Constitutional Accord represented a dramatic attempt to transform the Canadian federation which is based on formal symmetry, albeit with a limited recognition of some asymmetry, into an asymmetrical federal constitution recognizing Canada‘s three nations, French, British, and Aboriginal. Canadians were called up to embrace multinational federalism, one comprising both stateless and state-based nations exercising self-governance in a multilayered, highly asymmetrical federal system. This paper explores why a majority of Canadians, for a wide variety of very complex reasons, opted in the first-ever constitutional referendum in October 1992 to retain their existing federal system. This paper argues that the rejection of a formalized asymmetrical federation based on the theory of multinational federalism, while contributing to the severe political crisis that fueled the 1995 referendum on Quebec secession, marked the moment when Canadians finally became a fully sovereign people. Palacio de la Aljafería – Calle de los Diputados, s/n– 50004 ZARAGOZA Teléfono 976 28 97 15 - Fax 976 28 96 65 [email protected] INTRODUCTION The Charlottetown Consensus Report, rejected in a landmark constitutional referendum on 26 October 1992, entailed a profound clash between competing models of federalism: symmetrical versus asymmetrical, and bi-national versus multinational. (Cook, 1994, Appendix, 225-249) The Meech Lake Constitutional Accord, 1987-90, pitted two conceptions of a bi-national -- French-Canada and English Canada – federalism against one another. The established conception entailing a pan-Canadian French-English duality was challenged and overtaken by a territorial Quebec/Canada conception of duality. -
Federal Spending Power: Practices, Principles, Perspectives
Reflections on the Federal Spending Power: Practices, Principles, Perspectives Thomas J. Courchene IRPP Working Paper Series no. 2008-01 1470 Peel Suite 200 Montréal Québec H3A 1T1 514.985.2461 514.985.2559 fax www.irpp.org Reflections on the Federal Spending Power: Practices, Principles, Perspectives * Thomas J. Courchene ** I: INTRODUCTION AND OVERVIEW1 The federal spending power (FSP) has returned to centre stage in public policy debates, in large part due to Stephen Harper’s call for “open federalism” replete with a commitment to respect the constitutional division of powers on the one hand and the subsequent Parliamentary proclamation that “the Québécois form a nation within a united Canada” on the other. Watts (1999,1) defines the spending power as “the power of Parliament to make payments to people, institutions or provincial governments for purposes on which Parliament does not necessarily have the power to legislate, for example, in areas of exclusive provincial jurisdiction.” However, for the purposes of this paper the exercise of the federal spending power will be viewed more broadly and will encompass areas like federal regulation that can also affect the division of powers. In any event, the key issue here is that for Prime Minister Harper’s commitment to respect the constitutional division of powers to be credible it follows that the exercise of the federal spending power in selected areas must somehow be circumscribed. Not surprisingly, therefore, the October 2007 Speech from the Throne contained the following undertaking with respect to the narrower conception of the spending power: ...guided by our federalism of openness, our Government will introduce legislation to place formal limits on the use of the federal spending power for new shared-cost programs in areas of exclusive * This paper was prepared for the January 2008 symposium “Open Federalism and the Spending Power,” sponsored by Queen’s Law School and Queen’s Institute of Intergovernmental Relations. -
Table of Contents
Table of Contents BRITISH COLUMBIA: THE CUTS BEGIN Introduction The Campbell Plan Idiosyncratic Politics Discussion, Research, and Essay Questions BRITISH COLUMBIA: THE CUTS BEGIN Introduction On February 13, 2002, British Columbia pay for a measure they viewed as short- Premier Gordon Campbell delivered a sighted and ill-timed. Others were outraged televised address to the province, shortly that he had ordered the province’s striking after introducing his Liberal government’s teachers back to work, and that he had first budget. Clad in a sombre black business threatened to impose a salary settlement on suit, Campbell did not have much good news them that most viewed as unsatisfactory. to report to B.C. residents, the vast majority Labour groups were incensed at his decision of whom had given his party a huge majority to reopen signed contracts affecting health- in the May 2001 election. He apologized for care workers and others in the public sector, the difficult and quite likely unpopular steps in order to roll back their wages and benefits. his government believed it was necessary to Community groups servicing the needs of the take in the months to come. He claimed they homeless and other marginalized people in were necessary in order to wrestle down the Vancouver and elsewhere looked in vain for $4.4-billion deficit that he asserted had been any indication from the government that inherited by his government from its NDP funding for their activities would be in- predecessor. Acknowledging that cuts to creased. Environmentalists were deeply education, health care, and social programs, troubled by what they regarded as along with a significant reduction in the Campbell’s lack of sympathy with their public sector and a reopening of contracts concerns for preserving the province’s with civil servants would arouse resentment forests.