CEU eTD Collection C ANADIAN C OMPETING In partial offulfillment therequirements the for degree ofMaster of Arts C C Supervisor: Professor Nenad Dimitrijevi Nenad Professor Supervisor: ONSTITUTIONALISM AND THE ONCEPTIONS OF ONCEPTIONS Department of Political Science Political of Department Central European University European Central L N AKE ATIONAL Budapest, Hungary Petar Popadi June 1 Submitted to Submitted A By st E , 2007 CCORD QUALITY ANDTHE M YTH ü . ü C ANADIAN M EECH CEU eTD Collection finding of a balance between the demands of Québec and the needs of the rest of Canada. restof of needs andthe the of Québec thedemands between a balance finding of negotiatinglong-standing practice andthe federalism’ the of anendtothe ‘executive process, any future attempts at constitutional a reform to successful includeconclusion an overhauling of allgroups played avital in mobilizingrole Meech againstthe Lake Accord. Suggestions tobring regionalism, provincial activism, Native political movements, Charter supporters and minority notions of Québec and English nationalism, the main thesis of this work holds that increasing competing the to addition In failure. amendment’s the for blame to solely not are nationalism amendment. constitutional of proposed influencethe the theiroutcome on andevaluates factors several of elements, ascontributory importance, andexploresthe Accord of MeechLake the sections Canada, prior to and after Confederation, this paper goes in depth into the most important the sign to Québec This proposed constitutional amendment was necessitated by the refusal of the Province of The goal of this paper is to explain the reasons for the failure of for the failure MeechLakeAccord. of the is to explain reasons The goal the paper of this This paper concludes that, contrary to popular opinion in Canada, various strands of Constitution Act,1982 . Following an analysis of the constitutional history of Abstract ii CEU eTD Collection Meech Lake ...... 54 Accord: Contents ...... 54 Chapter 7 Towards Meech Lake: the Process Begins...... 46 ...... 46 Chapter 6 The New Nationalism: The 1980 Referendum ...... 33 and Patriation ...... 33 Chapter 5 Negotiating in Secret: The Effect of Executive Federalism on the Negotiating Process...... 29 ...... 29 Chapter 4 The Quiet Revolution: Nationalism ...... 19 Re-defined ...... 19 Chapter 3 History of Canadian Constitutionalism...... 6 ...... 6 Chapter 2 ...... 1 Introduction ...... 1 Chapter 1 ii ...... Abstract Distinct Society...... 54 ...... 47 Actors New Promise ...... 47 to Québec 1984 Elections...... 46 Constitution ...... 43 Act, 1982 Failure to obtain Québec consent...... 41 Negotiating the New Constitutional System...... 38 The First Referendum...... 36 The “other” Canada...... 35 ...... 33 Aboriginals Reasons for System...... 31 Executive Federalism: Before and During ...... 29 Meech Lake Ethnic toCivic Transition of Québec Nationalism...... 26 The Quiet Revolution Arrives...... 22 The Duplessis Regime...... 21 Fluctuating Identities...... 19 Historical Summary...... 17 Confederation...... 16 Act of Union, 1840...... 15 Durham’s ...... 13 Report, 1840 ...... 10 The Rebellions Constitutional Act, 1791...... 8 Québec Act, 1774...... 7 ...... 6 Historical Overview Methodology...... 4 ...... 2 Hypothesis Québec’s role in the negotiations...... 51 Provinces...... 49 Natives...... 47 Table of Table Contents iii CEU eTD Collection ilorpy...... 76 Bibliography After Meech Lake: What’s Next?...... 70 ...... 70 Chapter 9 Reasons ...... 62 for Failure ...... 62 Chapter 8 Suggestions for the Future...... 72 Native Groups...... 67 ...... 66 Provincial Concerns Notwithstanding Clause...... 64 Minority Groups...... 62 The Outcome...... 61 ...... 60 Immigration Senate Reform...... 59 Creation ...... 59 of Provinces The Supreme Court – Guardian of ...... 56 Provincial Rights iv CEU eTD Collection amendment from the British Parliament which would from then on give Canadian politicians the politicians Canadian give on then from would which Parliament British the from amendment home, or “patriate”, the British North America Act (1867) by requesting a constitutional bring goal hisdue to stated to This occurred was all andfor once opened. this debate that service Canada in 1867. It was not until the final term of Pierre ElliotTrudeau’s Prime Ministerial rather at the Westminster Parliament in London for 115 years following the creation of today’s but in Ottawa not was matters constitutional in word final the that fact by the muted effectively debates surroundingthe validity the thisof ofincreasing sort andfederalism were eroding However, federation. of and influence anythe over province more power exercise given another proven to be more of a running battle that has seen either level of government at one time or country. of the decentralization had the their agenda on frequently electoral system heavilyfavoursthat regionally-based parties which, unsurprisingly,have to conflicting demands on partthe of populacethe hasbeen by exacerbated first-past-the-post the has proven itself to be a consistently stable democratic country, the volatility of the system due would haveundoubtedly been feltby not just all Canadians, thosein Québec. Although Canada Canadian federation but have, at various times, encompassed a far greater range of issues which Specifically, these deliberations have pondered the place of the province of Québec within the 1980s. early the since prevalent been have which debates Constitutional ongoing the on emphasis This pattern has followed along historical trend of federal-provincial rivalry, whichhas This paper aims to provide an overview of the current Canadian political situation with an Introduction Chapter 1 1 CEU eTD Collection not signed on to Canadianthe Constitution,initial the and hypothesis reflected this viewpoint. Hypothesis focal of this point paper. Accord, which to gainsought Québec’s signature for Constitutionthe and constitutes primethe Lake Meech the to led eventually that process the influencing in roles crucial played all who negotiations in stakeholders constitutional the several issue. fact, therewere In pivotal different ongoing debates, it is a simplification of the general constitutional debate to claim that this is the nationalism. accepted main the that inissue is ongoing theissue constitutional Canada’s troubles Québec of Canadian “constitutional family”. For this reason, then,it is routinely assumed and widely for the Constitution to be implemented and, as a result, remains to this day outside of the provinces – wouldnot agree to most of these Québecchanges, its withheld non-required consent nine remaining with therestof Canada –the together federal the apparent that government, contentious: the recognition of Québec as a “distinct society” within Canada. After it became proposed amendment, the most significant and symbolic add-on proved to be the most Constitution Actunless its demandsmet. wereWhile province that soughtmany additions tothe Province of Québec – Canada’s majority only francophone province –tosign on newto the forever explodeddebate in changedthenature offederal-provincial and relations Canada. constitutional the that point atthis was It Constitution. the to changes future any on say final The primary reason for initiating this research seekanwhy initiatingwas to to had answer research forthis Québec The primary reason However, while the issue of Québec’s nationalism certainly plays an integral role in these The most important factor in this tension was the astute refusal on the part of the 2 CEU eTD Collection and the MLA was eventually seen as a failure not only of the, up to that date, predominant view predominant date, that to up the, of only not failure a as seen eventually was MLA the and ignored were minorities ethnic and Canadians of Native theconcerns As aresult, divide. French English- the of over-emphasis its through population Canadian the of segments large excluded effectively final importantly, document most the Lastly, and from actors. outside process the into input little very was there and ignored initially was opinion public Consequently, Mulroney. confined only to thein general, and were, insecret held negotiations were Firstly, outcome. process andthe elected heads with problems several were of there However, federal government. the backto them give them or the provinces and to keep could choose either which provinces tothe then other powers of generalization these the Prime Ministerinrecognitiongovernment addition to “distinct followedas by a a society” within Canada, of Canada, Brian of hold-outit province lonethe by to powers which heldoffering federal were previously by the amendment insought togain signature groups This proposed detrimentthe of the Canada. other amendment asuccessful constitutional created for in thefuture? what oftheMeechLake conditionsneed to be reasonsWhat are forthefailure Accord, and the the primary focus of this paperis on the MLA, and the research question asks: within the wider Canadian framework. Of course, this was done unsuccessfully and as a result ‘national to accommodate the of culmination question’ the which represented efforts (MLA), and ethnic identities all played their role in the eventual destruction of the Meech Lake Accord implications on the institutions of government, in conjunction with competing regional, religious itsand practical concept atheoretical issue as nationality thatthe held of Canadian assumption general the that point the to modified was hypothesis the accordingly, and, debates constitutional play at besidesmany in itwere factors, that became soon Québec, Canada’s moreclear However, This Accord foundinitial itsin strength its focussingle-minded on issue the of Québec to 3 CEU eTD Collection Lake is raised, albeit in a very tentative fashion. The first section emphasis which hasadirecton in first section The Lake is albeit fashion. raised, a very tentative is issue of thatthe variety.Meech this English It of the followingcounterpart historical analysis French its with nationalism of emergence aforementioned the compares this section perspective, colonial andtimes into theQuiet developed Revolutionkeep asense in Québec.To of of out grew it how and Canada, in nationalism of concept the on focuses section historical historicalthe Canada’s currentpolitical of An and this root situation.constitutional addition to Confederationof New France into groundworkthe forlays abetter 1867, and understanding of is modern-day is Canada provided. This coverssection the timefrom period Britishthe conquest which endeavours alongany future thesame lines asMeech could be potentially successful. in manner a suggests then and Accord the of aspects relevant all of analysis a thorough with ends deliberately from a startingincreasing point where focusitconstitutionalchronological debatesinan to ordering isdesigned 1980s.Secondly,the this makes littleamount mentionproviding the readerwith a firm main of grasp issues the which preceded the Canadian of the ofMeech amendmentattention thereby aspects ofCanadian on relevantconstitutionalism,the comprehensive historical outlook and itordering does events, of not focusonly Meech LakeAccordbuton ratherthe provides a on the Meechtogether with a newmethod. Namely,maintainswhile paper this traditional the chronological Lake Accord;Methodology in other words,referred toin federalism’.this paper as‘executive it proceedsof history,butCanadian also of long-establishedthe method negotiations ofpolitical is which This thesisis structured as follows. Firstly, a section on the Constitutional history of what of ways topic the isstandard approaching a of employed The methodology combination 4 CEU eTD Collection seeks to predict the implications were that next round to fail.nextround to werethat implications predict the seeks to negotiations, futurein and anypotential suggests methods which avoidwould problems certain of importantly,and ninemost Québecgovernmentthe other the provinces. The conclusion is dilutedby from forcespressure powerful which inincludes thiscase Native groups, actionsthe Progressive Conservatives and hisnew promise to Québec. Yet, much like Trudeau, this promise of power Mulroney the to thecoming includes This arediscussed. MLA the for implications its without(1982) signature the province.of that erais Finally,new post-Trudeau the analyzedand a revitalized federalism broken which by was subsequently passing the Actof Constitution the Québec:introductiona newto the included promise servesasan Trudeau commitment of and to independenceis Similarly,Québec referendum Meechalso Accord.to the on 1980 the Lake politicalwomen’s group isinfluenceits action is discussed, on as negotiations the led which up new constitutional system 1980sisthe of Here, explored. impactthe of Native,minority and decision-making in processes adiscussionCanada; on benefits and drawbacks is alsoincluded. influences it how and federalism, executive of notion the with deals era constitutional 1980s the Following these areas which focus to a greater or lesser extent on historical aspects, the aspects, historical on lesser extent or a greater to focus which areas these Following 5 CEU eTD Collection was once known as New France was split up and absorbed, becoming yet another British colony British another yet becoming absorbed, splitup and was NewFrance as was once known lost, and what were possessions all the that of confirmed 1763,officially Paris, of The Treaty America. North mapof political the on exist to had ceased France War,New Years’ Seven the conclusion at the by initiativeNew Francethe of and1763, against Englishsuperior took forces numerically the France, and England between in Europe war of outbreak the Following colonies. target proved too tempting for the settlers of English North America, otherwise known as the at its13 height only had 50,000 settlers. This situation was not tolast, however, as the large and soft and under-populated most the far by was it continent, American North the on monarch European claims tothewest andsouth. While one geographically of biggestthe pieces land of claimed bya AmericaNorth byEnglish whichwassurrounded east tothe and territories andnorth, Spanish Overview Historical issuethe Québec. of constitutional upuntil debate 1984. However, linkage acommon from past and presentexists: Canadian the in of realities the which isreflected afact project, aBritish Canada was along all that forgotten be not can it confederation, a single into provinces ten together brought London, England.While theneed foris co-existence what shaped federation,the and eventually conventions were decided inupon, andimplemented not inCanada but of corridors the inpower settlers which can be traced back to the 18 the backto be traced can which settlers Canada was known prior to 1763 as New France, and it constituted a vast territory in Canadian federalism has developed out of federalismCanadian history outof among hasdeveloped French Englisha shared and History of Canadian Constitutionalism Chapter 2 6 th century, yet its institutions, practices and practices institutions, its yet century, CEU eTD Collection to become civil servants through the withdrawal of the of withdrawal the through servants civil become to retain werefinallyallowed of France inabid whileCatholics nobles, support colony’s the the to The seigniorial system, which was essentially a type of feudalism, was maintained in New judged underFrench Law, Civil while criminal cases were handled byEnglish code. the criminal Québec. of Province inthe mistakes repeat their to nowish had British the and and activity thought revolutionary of incubators radical most the become had these merchants, to granted been had bodies wheresuch in was clear: New England, anassembly for denying the English reason pp. 49-52 1 Conquest since province the into moved had who merchants English the by demanded 17 to23-man legislative council upof (made noappointees) andassembly granted as was informal the legalized it in addition, powers; dictatorial his re-affirming and Governor appointed of States whileintoof present-day the position territory of United the the Québec confirming for expansion the provided Constitution firstprovince. This ina revolution avert that to attempt territorial south.the Whereas the previousin hadbeen full policy favourof subjugation, and assimilation compactness, faceprovince’s in Frenchspeakers of in the growingthe revolutionary thecrisis to 13colonies the Québec was passing 1774.It developedassure Québec the of out Act, loyalty the needto the the of Act reversed theseQuébec Act,1774 trends abruptly existence.Canada comeinto and was seenin the asnew world.an This was the crucial first step in the long process which saw the Union of Bergeron, Léandre. 1975. The History of Quebec: APatriote’s Handbook In addition, Canada’s first andIn beConstitution addition, Canada’s allowed civilmatters to property disputes The history Constitutional Québec, andbydefault, the of rest of began Canada with the 7 Serment du Test Serment . New Canada Press Ltd. Toronto, ON: (Oath of Belief) which 1 . The . CEU eTD Collection accommodate the newly-arrived Loyalists from the American colonies. It didby the It so colonies. creating from American the Loyalists newly-arrived the accommodate federation.and This British to was anActof the today’s parliament sought Canadian Provincethe of EnglishQuébec into and French and parts representedan embryonic form of 1791 Act, Constitutional which demanded their own domain free of the French. Revolutionary Warhad ended,andCanadabecame with engulfed United Empire Loyalists 4 3 51 2 confirmation ofhisservitude faith Catholic the of arenunciation required fight against the Americans, while some also joined the Americans and fought the British the fought and Americans the joined also some while Americans, the against fight inhabitants of provincethe of Québec loyalremained to Britishthe King and joined some in the most armies, itsRevolutionary in invading American the goal: faceof what accomplished ifassimilation disappear through continuedtheir British the policies for afew more generations. noundisputedvestiges of conquerors, remained,resistance likely Frenchwere and that the to were the British the fact that logicalthe be given seem notto do concessions these Clearly, Catholic Bishop, was allowed to retain all the rights he enjoyed under the French regime. paid back the British with loyalty and the indoctrination of their flock with pro-British sentiment; while land nobility theirthe andstatus theaverage kept pro-British with flock their of indoctrination the and loyalty with British the back paid and pleased was extremely hierarchy met; Church not the were satisfied,their demands were not differentgroups in Québec had tothisattitudes different firstConstitution: English the merchants Bergeron, Léandre. 1975. The History of Quebec: APatriote’s Handbook Fiske, John. 1919. The American Revolution Bergeron, Léandre. 1975. The History of Quebec: APatriote’s Handbook The result of this influx was the Constitutional Act, 1791, which for the first time divided Yet, in the context of the American Revolution, the Québec Act of 1774 made sense and made sense 1774 Actof Québec the Revolution, American the of inthecontext Yet, 4 . The situation remainedlittle changed until theAmerican . Houghton Mifflin Company.Boston, MA: pp. 174-175 2 . Lastly, the religious head of the Province, the Province, the of head religious the Lastly, . 8 habitant . pp. 49-52 . New Canada Press Ltd. Toronto, ON: p. in the colony simply received a 3 . The CEU eTD Collection p. 6 p. 5 Canada territory which they could call their own and was meant tobe separate from the English in Upper a French with it the thefirsttimeprovided asfor for Québecnationalism, moment watershed a this consider Many respectively. Catholics, French for theother Protestants, for English one Canada andLower (today’s Québec), Ontario) of (today’s entities Upper Canada administrative feelings. They believed these factors would make an American invasion successful, yet they successful, invasion American make an would factors believed these They feelings. anti-aristocratic strong had Canadians French and English both and immigrants American for invasion the nonetheless was Upperunderstandable: Canada mostly waspopulated by used they reasoning the objectives, achieve their able not to were Americans While the Canada. by clergy the was apparentasmany fightAmericansigned upto invasion off the Lower of masses French the of indoctrination The belligerents. the between quo status the restored which 1815, Ghent, of Treaty endnot the until did which 1812 war of the Canada precipitated Lower destiny” to control theingovernment large addition populationthe to of portions believed“manifest itwas their North American continentEurope created by Napoleon toinvade Britain’s colonies tothe North. Elements of the American and, accordingly, in of chaos the advantage took who from again, Americans the yet came, challenge directmost an invasion of Upper and significant. extremely mustbeviewed as Constitution largeststill two the Consequently, inCanada. entities Canadian represent second this day, this to which, and federation Canadian the of basis the form later would which territories it two of the is Act 1791 created council. the clearthat his any case, In Constitutional appointed for the French as well as the English; yet the real power was still wielded by the Governor and Bergeron, Léandre. 1975. The History of Quebec: APatriote’s Handbook 5 The power of British rule in North America was to be tested continuously, however. The . Included in this Act thefirst. Includedinwere,for arepresentative for government provisions time, this 9 . New Canada Press Ltd. Toronto, ON: CEU eTD Collection of of families,wealthy patrician landednobility and extremely merchantswealthy who surrounded known as the Family Compact and the believe thatanyonehad savetheKing abirthright torule them over they felt that the land was had made their a new way continentto and settled wildfrontiers through their own hard work; centuries-old inlikelyitin tradition by Britain, Canada individuals wasnot besupported to who populationthe which notparty was any to system.entitlement Indeed,whilehad aristocracy a divisionsin both These two of provinces consisted nobility/clergy the of alliance, andof rest the 7 6 that was apparent makings of this rebellion are clear. While both provinces did nothave many thingsThe in common, itcountry. a single into possessions American North Britain’s of Confederation eventual ininterest Americantheir North itspossessions and consequences through the guaranteed The Rebellions years Americans hadsomeprior. asthe 60 reasons, different provinces both years later loyal. only 25 However, most remained would of population the were wrong: break out in rebellion against the British in much the same way, yet for New, 1929. Chester. Lord Durham Ibid. , p. 321 This aristocracy was equally prevalent in both Upper and Lower Canada, where itwas where Canada, andLower in both Upper prevalent equally was This aristocracy been bitter andbeen bitter apparently irreconcilable” years had for antagonism whose clearly-defined sections into two “in both Lower and UpperCanada thepopulation was divided British increased which brought moment wereawatershed of Canadas the The rebellions rightfully . Clarendon Press. Oxford, UK: p. 320 theirs by virtue of the work they had put into it, had theirsofthe by virtue into and they put work didnot Château Clique 10 6 . , respectively. They consisted of a group 7 . CEU eTD Collection crucial battle. While in English and French Canada the rebellion had economic, political and political economic, had rebellion the Canada French and in English While battle. crucial Canada enjoy did not nearly much initial as success and followingwas effectively defeated one eventually by defeated superior British manpower and organization, while rebellionthe in Upper Despite some initial successes in Lower Canada,the inLower successes some initial Despite grievances. constitutional and political racial, economic, remedy to sought which rebellion a toward moved slowly Canada Lower and Upper both realm, political in the do to left nothing rejected and weretherefore government” of conceptions American with “bristled being 9 75 8 demands seemed reasonable to most colonists, in Britain these colonial andacallfor againstthe While the grievances democraticgovernance. government entitled issued a declaration Assembly, option. only asthe remained rebellion outright process, thepolitical through occur not changes could to group this which was frequently stifled by Once Governor. the itbecame apparent that essentially quo, status the andsupported aReformist Radical or party had formed in opposition politics. through manifested Inbothcolonies, aconservativehad party which developed first was resentment this However, rebellion. open into out break eventually would and forces.As began of against widespread a result, secretive andoligarchicresentment this group this over conglomeration nopower ithad virtually wasin existence, representative government of influenceand colony the therunning Governor to tended the New, 1929. Chester. Lord Durham Smith, David. 1999. Republican Option in Canada, Past and Present In twoCanadian1838, the colonies descendedrebellion into quo. status the against This became clear after Louis-Joseph Papineau, the speaker of the Lower Canada Lower the speakerof the Papineau, Louis-Joseph after became clear This . Clarendon Press. Oxford, UK: p. 324 92 Resolutions 11 patriotes in 1834 which were essentially a list of . University of Toronto Press. Toronto, ON: p. ON: Toronto, Press. Toronto of University . as they called themselves were 92 Resolutions 8 . Despite the factthat the . Despite were viewed as 9 . With CEU eTD Collection 12 HF Anners. Philadelphia, PA: p. 35 was widespread in both provinces and atwarwith oligarchy” [which] sentiment with “democratic the contact into came and undemocratic markedly course, oligarchies controlledwhich theexecutive andlegislative Thisbehaviour councils. was,of 13 11 pp. 63-65 10 fornot. them was reason the aims these were achieved, yetwhile andunification, todemocracy set Canada via course on the government responsible to British North America to enquire into the causes of measures impactshort-term had sent of approaching English anything the politician the who was the rebellion. Lord Durham, in his report, of none these intense. Yet, more became control British and expelled, were others were hanged, some were tried as traitors, caught whowere many rebels weresuspended, liberties clear:civil results” colonies had the exactespoused. same Constitutions, and as a result, “its ineptitudes suspected attacked and units paramilitary caused morelikelooked outbreakEnglishspeakersformed the a war than civil a classstruggle: similar only initconstitutional elements, aswell Québecdidhave aracial character could British their andpro-British English merchants attacked own and units speakerswherever they become more pronounced, despite the official pro-British propaganda which the which propaganda official the pro-British despite more pronounced, become had,but perhaps, subsided sincetheConquest racial hadnot that grievances andillustrated New, 1929. Chester. Lord Durham Theller, Edward. 1841. Canada in 1837-38: Showing the Causes of the Late Attempted Revolution and its Failure its and Revolution Attempted Late the of Causes the Showing 1837-38: in Canada 1841. Edward. Theller, Bergeron, Léandre. 1975. The History of Quebec: APatriote’s Handbook Ibid. 11 , p. 329 . The Lower Canadian rebellion was a much more serious affair than in Upper Canada However, the Constitutional aspect of the rebellions must not be overlooked either. Both either. benot overlooked must rebellions the of aspect Constitutional the However, 12 . In both Canadian political systems, Governors were quickly beholden to local . Clarendon Press. Oxford, UK: p. 329 Patriotes 12 in the streets while French speakers formed whilespeakers French inthestreets 13 . New Canada Press Ltd. Toronto, ON: . The effects of the rebellion were 10 . In that colony, habitant elites . CEU eTD Collection was “riddled with inaccuracies” and although the report was implementedfor inaccuracies” themostwas “riddled report andalthough the his with part, Durham’s report is chiefly remembered forits anti-French declarations. Indeed, Durham’s report racial which tension toexistcontinues tothis daybetween English andFrenchspeakers. the infused with Canada was create which eventually would report the perhapstellingly,thus, And French. the of assimilation immediate and rapid the through English the by be won only could warwhich of a racial picture agloomy which presented in his report wasreflected there antipathies were extremely mainly because tenurepronounced, hesaw what hisshort during tensions were at ahigh andit was consequently his misfortune to reach the provinces when these assumption hereis thatgoodgovernmenthad previously existed. unhappy that government country” good to Canadaandin restore differences the “settle could who man only the was politician, Whig British a notable Lambton, 15 Hamilton, ON: p. 119 14 democracy” effective “Canadians rightly of eventual providedunion and for arepresentative As responsible and aresult, government. think and Lowerof Canada. The recommendations found therein would setLord the two provinces on the path Durham’sAmerica report as blazing the way Report, 1840 Durham’s to their first full and New, Chester. 1939. Lord Durham and the British Background of his Report Ibid , p. 127 As a result of his claims in regard to the French nation, in today’s Frenchracial Canada, in arrived Canada Durham when rebellion, the of aftermath immediate the In Lord Durham’s Report, officially known as the , was the product of , wastheproductinvestigations of into Durham’s thecauses of inUpper rebellions the 14 . It was believed that Lord Durham, otherwise known Lord Durham,as JohnGeorge known that . Itwasbelieved otherwise 13 Report ontheAffairs ofBritish North . McMaster University University Press. . McMaster 15 . Of course, the erroneous CEU eTD Collection 19 Hamilton, ON: p. 128 18 17 1 16 main assertions in regard to the French race did not come to fruition documents in the history of the British Empire. This passage makes it evident that Durham such importantincluded most be werenottoooffensivepronouncements inoneof to the Such claims today would strike almost any individual as racist, but in 19 For example, Durham’s Report states that Canadians. French of contributions the value not did which complex superiority Anglo-Saxon influencedhis by of an strongly says,itthat actually reality clear becomes conception was with Britain galvanizeimperialismGreat of and with spiritthe was transfused onlyservedto the miscalculation. forin theFrench wasacomplete forecast race Canada Durham’s itself,and by Union Canadas defeated the was of two the of union avowedpurpose the the union legislative via a assimilation accomplished through Canada rule tothe French-speakingthe Lower of majority an be couldwhich English only appears evidentIt Durhamthat establish Canadas sought to tranquility in two bysubjecting the Martin, Chester.1939. Lord Durham’s Report and its Consequences New, Chester. 1939. Lord Durham and the British Background of his Report Martin, Chester.1939. Lord Durham’s Report and its Consequences Ibid. , p. 5 Englishmen” into over made were they manner mysterious some in until things inferior people who could never fitinto the providential scheme of ruling class, that the French Canadians were a disloyal and lamentably “carried him with Canadain to deep-rooted aprejudice, Englishthe nohistory, andnoliterature” retaining theirlanguage peculiar and manners. They are apeople with their to owing Canada, Lower in French the of descendants by the andcan invigorate apeople, elevate that than whichis that exhibited of all destitute bemore anationality conceived “therehardly can The Report, which insisted on laying the basis for apermanentwhich onlayingconnection The insisted for Canada basis of Report, the 18 . 17 . 14 19 . p. 5 p. ON: Toronto, Press. Toronto of University . . However, somewhat paradoxically, somewhat . However, . McMaster University University Press. . McMaster 16 th . Upon reading what he what reading Upon . century British politics CEU eTD Collection p. 107 21 Hamilton, ON: p. 134 20 into action French growing muchgrowing faster than Frenchthe However,part. duetothe contents of Durham’s Report, mergingprovinces of two the intoone would slowly the Frenchswamp Englishas Canada was the that hoped was it Similarly, represented. disproportionately were they now them: repress by and noof was set, the benefited representation population from desire French to Durham’s principle thattimethe by However, Canada. of Province of the creation the after soon majority aBritish created from Isles British the immigration large wave of asa their disadvantage America in North survival their all time for assure to managed it however French, the of assimilation of goal the represented It Union. new in the speakers English than more French were there factthat the equal despite was and representation became the only language,official property for wererequirements introduced assembly members Act of Union,1840 Canada. However, the goals of this union were not achieved. abolished of governments LowerCanada andestablished the ProvinceUpper and theof United standingvis-à-vis provinces. other Theoutcome was ofhis Actthe report of Union,which 1840, increaseto their attempt consistently and Québec of power the whichdecrease arrangements negotiate any refuseto pro-Independence, or Québec, pro-Canadian Province whether of more andless rights central authority; tradition this today as remains in all governments the French Report, the Canadian politicians of set continuouslyall stripes themselves to pushing for Bergeron, Léandre. 1975. The History of Quebec: APatriote’s Handbook New, Chester. 1939. Lord Durham and the British Background of his Report The Act of The Act of Union (1840) wasthemanifestation Durham’sLord of English Report. Firstly, the unequal representation of the English in the joint assembly soon turned to turned soon assembly joint in the English the of representation unequal the Firstly, 20 . With an unprecedented societal consensus arising out of the backlash from backlash of the out arising consensus societal unprecedented an . With 15 21 . This was done in several ways. . New Canada Press Ltd. Toronto, ON: . McMaster University University Press. . McMaster CEU eTD Collection Hamilton, ON: p. 133 24 23 7 22 last, Constitution which preceded Canadian inConfederation 1867 stipendiary magistracy were all andprovided for, thus theAct of Union constitutes third,the and and a courts finally in asystem county of forceLowerCanada, of police establishment a rural the works, public of development the Church, the to allotments land governments, municipal reforms, judicial and educational Also, included. were law property real in the amendments imperial tothis American landcounterpart utopian many allotmentsystem andof consequently individual sought tomakewho certain French the would disappear demonized handsthe cultural In colonization of at British.short, by survival the was assured the French Canada, and ahistory was developed which romanticized the period of New France and on of texts thousands backbrought Paris and to sent were delegations wrong: the report prove to of society sectors all among ita goal became that galvanized was so sentiment Francophone Province of Canada was in a legislative deadlock which created a de-facto situation situation the where ade-facto which created deadlock wasinalegislative of Canada Province envisaged proceeding assimilation of notplan, French the was according to the and United the Dominionbe called to entity, a single into of colonies American Canada. North disparate Britain’s together bringing The need for confederation arose out of severalConfederation factors. Firstly, the terms” equal precisely upon persons and all classes amongst landin allotments “showedas world,favouritism best the nothe as they distributed] [and New, Chester. 1939. Lord Durham and the British Background of his Report Martin, Chester.1939. Lord Durham’s Report and its Consequences Ibid. , p. 3 The British North America Act (1867) was the final act which started the process of the process started finalactwhich wasthe Act(1867) America North The British The Durham Reportincluded aspects. many other Heviewed theAmerican system of 16 . University of Toronto Press. Toronto, ON: p. ON: Toronto, Press. Toronto of University . 23 . He tried to make an Canada He tried to . . McMaster University University Press. . McMaster 24 22 . . CEU eTD Collection (1840) Summary Historical Britain. Great history, and isuniversallyFrench recognized byboth and English asa awaypositive from step in Canadian document important most single the remains Act BNA the Yet independence. formal London, England. then,Canada Inmany still respects, having acolony remained despite gained in located of Council, of Privy the JudicialCommittee appeal was the court and highest the New Brunswick Province the andand of Scotia.Ontario Nova Québec), Canada (today’s royal assent by Queen Victoria in 1867, and the Dominion of wasbornCanada by union the of increasing of means a as a union profits. preferred colonies the of all from elites commercial the significantly, With all of these factors on sidethe during of South the theAmerican just-finished War. Civil Lastly, andperhaps most in play, intervention British and States, United thein the originated which British of all raids, Fenian the following North America Act apparent was madeever-more threat This purposes. for defensive colonies the unification of was given grow for the to started pressure threat, in face American the and the of overseas, troops station longer no to preferred policy Imperial new British sea. inanSecondly,French speakers English for the more all Unitedswamp once and wouldjoining tothe Province Englishcolonies even that hoped was It Canada. of halves own their controlled each Anglophones and Francophones the BNA Act, only BNAAct,only gained the Canada,note to that with to isrespect it significant However, among others. judicial processes, andincluded of ontaxation and Canadianstate, it passages the framework the passage,contained were all very significant Constitutional documents which outlined how the British the how outlined which documents Constitutional significant very all were Therefore, the Therefore, This Act,today the renamed Québec Act (1774) Québec Act internal sovereignty: foreign policy was still in the hands of Britain, of hands the in still was policy foreign sovereignty: Constitution Act, 1867Constitution Act, , the , 17 Constitutional Act (1791) Constitutional remains ineffect.Upon its original and the Act of Union of Act CEU eTD Collection attempted toaddress. attempted Lake Accord main Meech thisthe which the issue day,andwas to of confederation Canadian the and document.is, consequently, How outdated an itwill be updatedremains thecentral question from FrenchBNA Act,which Britishoriginates a timeservitude of to complete imperialcauses issues unresolvedisthe today of duetothe continues that speakers.Thetrouble million English survivepeople theyhave by to attitude, managed in as America, surrounded a distinct 330 North are still refusing to be colonized by the Anglophones in the country they share. As a result of this Francophones politically, and, Canadaeconomically,culturally arguably,colonizing the all of neitherthreats, of which has really tothissubsided day. Whilethe United has States succeededin (Francophone) internal and (American) external both of out born was Canada of Dominion While unification achieve notdid the goals aslaid out by Durham Lord inhis 1839Report, the the through Canada of Provinces the of unification eventual colonies of Upper and Lower Canada were to function. Each Act played a role in leading to the 18 British North AmericaBritish North Act(1867) . CEU eTD Collection British but rather North American North rather but British this prevailingpro-British sentimentas anda “colonial” mindset arguedthat Canada wasnot by “nationalized”emboldened of WarCanadianduring and experiences Great saw the troops generation, next the as changed soon attitude this Nevertheless, States. United revolutionary uniformly“British” special as regarded themselves from with theiremphasis on the differences Confederation inWorld of 1867until War, English-speaking onset the First Canadians the CanadianFollowing generations. future on had adrasticConfederation influence and Identities Fluctuating conclusion instate” his report (in)famous a single of bosom in the warring nations “two by Durham’s was epitomized and calculation” and prejudice ignorance, of combination “a by motivated was policy Imperial this of vacillation The answer. only the was assimilation that Britain in and Canadas the in both politicians British subsequent political developments in French-speakingthe mademany territories it to clear tolerance, was toward Revolution, American of the impending threat the due to mostly initial compulsion, Whereasthe new subjects. their in with various methodsdealing employed 26 187 25 were frequently subject tochange. This change was most often due to external events. British, the like much which, nationhood own their of ideas French-Canadian with intertwined Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism Ibid. , pp. 14-15 However, it years which very changedin following was However, anation of the this conception As followinghas been demonstrated, the British of conquest New France theBritish The Quiet Revolution: Nationalism Re-defined 26 . These changing notions of nationalism were inevitably 25 Chapter 3 . 19 . McClelland and Stewart. Toronto, ON: p. CEU eTD Collection power”, as they saw it. Thus, with increasing involvement in foreign, British-inspired wars British-inspired in foreign, involvement increasing with Thus, it. saw as they power”, at frequently foreign their which disposal Britain-centred the put policy resources a “foreign of majority the of population,Canada’s English-speakers, the favoured apro-interventionist, sought tobe distanced from Crown the andindependent live insulated,an life in North America, they while it; about anything do to powerless virtually were they aims, war Imperial British natural Whereasforhumanlands opposed theytotheuse of and were of theirthe resources viewed the Boer War as the antithesis to all that they claimed they wanted from from Canada wanted they claimed they all that to antithesis Warasthe Boer viewed the Canadians French-speaking see that wecan is claim theirs”, place they the over a people’s power for justification intellectual and emotional provides that doctrine “a is it that namely nationalism, of definition Ramsay Cook’s If we accept factors. external of asaresult lands French-speaking England” from orders to marching be] acolony [to it Canada as show[s] statehood, independent from backward War in astep [is] Boer the insisted that “Canada’s participation politician who Québec by a prominent warwashighlighted the This to resistance integral were an part. lands those which of Empire, British the than rather Canada and land native their to loyalty their declared opposed most of andthose war-timemeasures to resistance wassevere there regions, inbeing name fought of the Britishthe Empire andImperialism; conversely,in French-speaking for example, by the Boer War. In English Canada, support for the war was enthusiastic, as it was isdemonstrated, same. the not This was nations both of allegiance primary the where situation yet exist: there were the were there exist: yet 29 28 27 Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism Gougeon,Gilles. 1994. A History of Quebec Nationalism Ibid. , p. 41 From these events, we can gain an understanding as to why nationalism increased in increased why nationalism asto an understanding wecangain From events, these In the 19 28 . th century, as Gilles Gougeon writes, the expression “French Canadian” did not did Canadian” “French expression the writes, Gougeon Gilles as century, Canadiens , and then there were the British the were there then and , 20 . James Lorimer Publishers. Toronto, ON: p. 18 . McClelland and Stewart. Toronto, ON: p. 10 27 . Of thisledcourse, tothe 29 . CEU eTD Collection politics, a gerrymandered electoral map and good economic times economic good and map electoral a gerrymandered politics, backward force which held on to power a through combination of nationalist corrupt rhetoric, Lévesque -of viewed Parti the hisQuébécois) political machine, the René Premier, sovereigntist first Québec’s and Quebecker, of a pro-Canada epitomization Revolutionaries future (among –the Canadian them PierrePrime Trudeau Minister Quiet a lifestyle, Québec’s traditional to farms andtied the keep French on speakers to sought and Church Catholic the strongly supported leader who conservative A reactionary, Duplessis. Regime The Duplessis domination. English of embodiment the as viewed they which society their economistsindustrial and who experts relations urged more inductive social science methods to sociologists, trained The school in Québec. of social thought character the and questioned Father Georges-Henrinot unified.Lévesque, For example, one of the earliest and mostimportant Quiet Revolutionaries who was founded was church the Duplessis of regime. Even continued the the domination nopoliticaldue to outlet a school of social sciences at Laval Universitygovernmentand language the ofbusiness all province.the throughout this way of life as oppressive, viewed by life Liberal-minded traditional, supported Church. Quebeckers the which was rural the results of which were English as the co-official language of 30 personified by Thus,Canada. the was which domination, British of conception the with themselves disassociated they that point the to grew nationalism French-Canadian of sense the II), War World and I War (World Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism In the1940s and embodiment 1950s,the of domination this was Québec Premier Maurice Clear divisions in Québec society developed associal ferment continued apacefound but Canadiens became 21 Québécois . McClelland and Stewart. Toronto, ON p. 74 and rose tochallenge and aspectsof rose 30 . Duplessis was a fan of the Union Nationale , as a CEU eTD Collection Revolution, which occurred democratically rather than violently, saw a massive dislocation in dislocation saw amassive violently, than rather democratically occurred which Revolution, of Québec politics, but also in the notion of what it what of notion in the also but politics, Québec of The Quiet Revolution Arrives began. Revolution and Quietwon the leader JeanLesage, under him. Liberals, unpreparedbehind with party a tired divided and The inAntonio Barrette, faced and electorate the 1960 completely hissuccessor, attack heart a fatal suffered Paul Sauvé then his leader successor, died; long-time party Québec in1959,the exacerbated by the untimely death of their leader, Maurice Duplessis.While on a trip to Northern in fatiguea sense populacethe However, andthe party was of set which unstoppable. among looked for decades been leading theprovince had the machinewhich government, political the detriment of the English” empower French the urbanize to provinceand to populace to the “had andindustrialize sought Maurice Duplessis and his 33 32 31 ledgovernment the to backbone of what would become the Quiet Revolution, and their opposition to the Duplessis became bureaucratic the eventually liberals Theseyoung realities. Québec of a clearperception to was an obstacle matters) English ineconomic the to deference rural-living, preached (Church, traditionally as least at nationalism, that was school this of professionals trained of number problems social province’s the approach Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism Ibid. Ibid. , p. 57 , p. 75 The Quiet Revolution, then, is a fundamental watershed moment not only in the history the in only not moment watershed fundamental a is then, Revolution, Quiet The However, the defeat of the Duplessis regime was slow in coming. The 1956 victory of modern Union Nationale 33 notion of nationalism which replaced the . Despite growing civil society traditionalistthe growing against . Despite society pressure civil 31 . The general ever-growing among the consensus was a blow to reformist forces in Québec which 22 is to be a French-speaker from Québec. This . McClelland and Stewart. Toronto, ON: p. 74 traditional form 32 . CEU eTD Collection through through communitythe French-speakersof and many endedsoon upcallingfor independence. in the province on going symbol changes the of 34 opposed the secularization of society and sought a return to rural life. But it was indeed too late. secular” industrial, and urban, modern, newA society self-image: required a leading transformed classes. of Québec’s aspiration the old,expressed the like that, evolved nationalism a “new 1960s, the nous – the revolution which spurredon René and Lévesque to beenhaswhich attributed production and by distribution creating electricity “nationalized” governmental provincial symbolically, the most Lastly,and perhaps reasons. of a variety for with comply to able not were English-speakers many which French, in French only the language of official thereby province, the berequiring all civil servantsto fluent making is cited be can which example An activities. economic to in regards speakers French was andlegislationunionized, wasintroduced which in of favour discriminated positively service civil The life. Québec of sectors all in nearly involvement government active saw and to as referred state, Secondly,a welfare wascreated. education andaministry of eliminated, in education was church’s role of – the society secularization rapidunderthe Lesagebrought by on Jean enacted andcomplete government Liberal the inbusiness wasconducted provincebethe of moreQuébec. To specific, policies the which were assertion of the provinceQuébec society which led to the emigration of hundreds of thousands of English-speakers, the re- of Québec on the national political scene, and a change in the way 35 Linteau, Paul-André. 1991. Quebec since 1930 Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism – “masters in our own –“masters in own whichhouse”. mostour Duringbegan this process, agree and in ended However, this in this However, change fabricTraditionalistshadthe its of society opponents. Québec 35 . The consequences were evident: with the new self-assertiveness, nationalism spread nationalism new self-assertiveness, with the wereevident: consequences . The Hydro Québec . James Lorimer & Company. Toronto, ON: p. 340 23 34 . All of these changes epitomized the axiom which soon afterwards became a potent . McClelland and Stewart. Toronto, ON: p. 86 l’état-providence , was instituted maîtres chez CEU eTD Collection 36 fear English-speaking the ineffect saw three-way Canadians, was dynamic which group, one a Therefore, touching inmatters culture. especially ever-increasing decentralization, sought Québecgovernment the beatAmerican threat, off the to Canadianvalues promote to government enable federal would the which federation astrengthenedspeakers sought centralized English- While counterparts. French-speaking their of concern primary the were nationalists threat of the United Stateslinguistic identity which enjoys predominance today. was a the ethnic notion of Québec identityprimary and forced the creation of a new, non-exclusive, cultural and from countries and challenged inQuébec other immigration increased reality required eventually concern made itpossible for French-speakers to tosustain their proportion of Canadianthe population. This Englishhave wellnationalists, over 10 children, odd not to itwas family,in which French-Canadian which saw traditional the occurred birthrates drop to a level of reproduction whileunforeseenbe consequence would extremely eventually to prove declinein damaging: adrastic within a Englishgenerationthe However, flooded with French-speakers. hadbeen cities the of thespace a decade, Within that no longer follows: By census found1971, the French-speaking 4,759,000 Quebeckers,and classified them as Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism At a time of increasing nationalism in both linguistic regions of Canada, the external the of Canada, linguistic regions in both nationalism a timeAtincreasing of 36 Rural non-Farm Rural Farm Urban Total 24 . McClelland and Stewart. Toronto, ON: p. 69 100% 16% 78% 6% CEU eTD Collection 38 37 inside me. I am definitely not at home and I realize how true it is to say that Québec is feel difference an the WestI Anglo-Saxon the entity of vast stretches these French…In them third of one live, about million people wheretwenty by threeoceans washed “it’s acontinent Québec, from Coast West the Vancouver on to trip aroad while on stated heblatantly a country,” not eminentQuébécois poet,who in 1968 offered his thoughtson question the of “CanadaCanada. is French of speakers ina Latin-blooded sea of“Anglos”,was touched upon by Jean-Guy Pilon, an in America North of French-speakers refuge last viewed asthe which province, they in the culture language and protecting the French legislation aimed at which governments approach among ever-stricter passed successive a ledto reactionary by all thisCanada) dominance to English and seemingacquiescence the field, inthecultural America dominance (the English-speaking of speakers) andexternal threats (adrastic decrease infamily sizes among unforeseen its French side-effects empowerment), effectsthe (French Quiet Revolution the of wecan see that survival andthen growth, lines showcased by increasing an fragmentation of Canadian society along regional and linguistic was which dissatisfaction” cultural, sometimes, and, economic regional of and pluralism intensification “the by cultural accompanied of 1970s writes, the an of newnationalism was their opinion, by thein was onlyworsened, which in of predominance their protect face culture English-Canadian the growing power of the to tried Canadians French-speaking while Americans the of English-speakingof colonization economic threat United States. As Ramsay Cook Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism Ibid. 37 , pp. 14-15 . If Cook’s framework isethnicIf Cook’s nationalismisthat inwhichhepurports about used, 38 . This sentiment, which held Québec to be the last bastion 25 . McClelland and Stewart. Toronto, ON: p. 16 CEU eTD Collection 40 from Quebec from 39 indicated was opinion correct: polls his statement factually speaking, for victory the (although, blame wereto Quebeckers French non-ethnic implication that His vote”. ethnic the and “money defeaton blamed the narrow inhis speech, concession Parizeau, Québec Premier Jacques most links ethnic significantly, eschewing which became much lessimportant as time passed idea, on]acultural became anationalism “[based peopleand, of encompassing origins” diverse and counterpart English its to up caught nationalism Québec of notion the Québec, in losses large-scale Quietthe Revolution, immigration offset demographic and the of to with onset the of end the by Yet, assimilated. quickly which Catholics be Irish to tended mostly trait this have whodid ones The language. asa French ethnicallyprimary French andwho alsowere not spoke necessitating language as a unifyingin factor, there Québec was a marked lack ofindividuals ofnon-British origin and groups andother thereby numbersUkrainians, Germans, Poles of the Second World War) tolay claim to an ethnic form of nationalism due to the presence largeof after (specifically difficult been always had it Canada, of parts speaking English the in Whereas Nationalism of Québec Transition Ethnic toCivic being just to notion French ethnic an from changed firmly had nationalism Québec of notion the Revolution, Quiet the of end the by that showed similar sentimentsspeakers feel the sameif way, and probably just as likely theythat English Canadians would experience traveled untointoitself with its own culture, language, and way of life” the heart of French Québec, Pilon’s statement clearly Gougeon,Gilles. 1994. A History of Quebec Nationalism Pilon, Jean-Guy. 1997. “Quebec and the French Fact” in Philip Stratford and Michael Thomas, (eds.), Voices (eds.), Thomas, Michael and Stratford Philip in Fact” French the and “Quebec 1997. Jean-Guy. Pilon, This in was publicly demonstrated aftermaththe of 1995 Québecthe referendum, when nationalism. Québec of development in the moment important an marked had This . Van Nostrand Reinhold. Toronto, ON: pp. 2-3 26 . James Lorimer Publishers. Toronto, ON: p. 109 French 39 , linguistically and culturally. and linguistically , . While it is likely that many French- many that likely is it . While 40 . CEU eTD Collection http://www.dgeq.qc.ca/fr/tableaux/Referendum_1995_8481.asp on Wednesday, May 16, 2007 41 development the symbolized banner” a“unifying which Union created Jack and the eliminated in nationalism.is Canadian by flag 1965adoption This evidenced of a newCanadian which the ethnicity, of Québec, anddeference partly to and out muchlessimportant play smalla very role disappeared,nowadays, butthey are partly as a of resultdemographic changeswith respect to personified be byAmerica.completely To sure,pastelementsof havepro-British not sentiment “other”, acommon andpresents assimilation of method a itprovides Canadaas to newcomers by This highly accepted iscultural nationalism typematters. of to inspecifically regard emphasis on a Canadian identity over all others while retaining strong anti-Americanan places elements, which ideal linguistically-bound non-ethnic, a to anti-Americanism of elements nationalism has also evolved from pro-British,a generally ethnic which hadconcept strong include all people wholifestyle and churchthe amodern,to linguistic, secular and cultural notion which seeks areto willing to adaptthe centuries. toIt has gone from an ethnic conceptQuébécois which placed an emphasis on a traditional, rural society. Similarly, English-Canadian nationalism. Québec to dimension “bloodline” such no be should have French itof seems independentQuébec; convincedonly ethnic to an there that rather, the persuade audience failed the innationalism to fully target thatthey project the could participate for majority,the demonstrates aunifiedQuébec Canada non-ethnic emphasis of the that of racism step down amid allegations forced to hewas and community, elements inthepro-Independence slim difference of 54,288 votes from the “No” and “Yes” side) quickly drew harsh criticism from ethnicthat mostly French-speakers voted for staying in Canada, and morethis than the covered Le Directeur général des élections du Québec, “Référendum du 30 octobre 1995” retrieved from retrieved 1995” octobre du30 “Référendum Québec, du élections des général LeDirecteur Therefore, it appears that the nature of Québec nationalism has definitively changed over changed definitively has nationalism Québec of nature the that appears it Therefore, 41 . At the same time, it that. At same “ethnic beconstrued in bloc the time, which this votes” of was, can 27 CEU eTD Collection Nativism. of notion land-based organic, more a towards and Britain from away identity Canadian of 28 CEU eTD Collection system into paralysis and continuously halt federal initiatives if he was not happy for some for happy not he was if initiatives federal halt continuously and paralysis into system being oneindividuals of these is 1provincialapparent: force ablepremier was to federal the into Constitutionalthe family youhad tobe of – men. one with11 those Thepowerassociated an exclusivein tosit club yourand have sayin the bringmeant which process was to Québec all,even elected leaders who had every right tojoin in the negotiations, that you had belongto to joinwas clear members who to federal attempted in It provincial to and negotiations. the cabinet blanket security lockedin whicheven Minister by surrounded away room a turned a thick with together Prime metthe provincial premiers various federalism:example the of executive Executive Federalism: Before and During Meech Lake was. assertion justthis correct amply how Lakedemonstrated Accord failure of Meech the populace the and Canadian thegeneral with touch” of “out were politicians these wasthat such practices, to Canada that was by“11mengoverned in suits”. The standard whichwasareaction accusation, Constitutional Crisis by thetime of and, the Confederation after in years of the continued practice This concerned. the 1980s, had developed approvalofthe colonies the people the direct of inmanyknowledge cases,without and, to such an extent that itregional inpolitical heads meetproceedings aunified tocreate closed-door country the waswithout commonly said Negotiating in Secret: The Effect of Executive Federalism on the The very existence of Canada can be attributed to an elite-driven process which saw which process to anelite-driven be can attributed of Canada The very existence Without a doubt, the negotiations surrounding the Meech Lake Accord were aprimea were Accord surroundingtheMeechLakedoubt, Without negotiations the Negotiating Process Chapter 4 29 CEU eTD Collection Stewart. Toronto, ON: p. 123 44 115 43 42 by was issued supportersstaggering and variedCharter a constituencies rebuff of the aboriginal that federalism executive example of as “atextbook to was referred what represents MLA, and groups. This refusal ethnic of women other and mention those to not Natives, of concerns the neglected which to allow other a Québec-only issuesaffair into degenerate allowedis MLA the “foundingto what peoples” these two to enter the minorities” to other negotiations led to[were] beneficiaries of governmentthe sponsorship, for national unity reasons,downfall that have been denied elsewhere minorities Francophone and in Québec minority ofAnglophone “the both where thepoint the option. eventually speakingto Thispolicy withindeveloped wasanother Canada:there rights French- of defender only, and legitimate, the as Québec of Government the had longer no which federalism executive notion the of to added was a new dimension Consequently, within Québec. rebuke of Duplessislegacy,the sought tostrengthen lessen and confederation and separatism Canadians French of aspirations the in representing government Québec tothe itselfbegan asacompetitor effectively position Trudeau, to starting with Pierre in required matters certain was allprovinces of consent the when paralysis legislative created consequently and government federal of designs the centralist bythe threatened was Confederation that thought federalist, a reason. An canbeexample found inthe inand1940s 1950s Québec.Maurice Premier Duplessis, Cairns, Alan C.1991. Disruptions: Constitutional Struggles from the Charter toMeechLake Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism Gougeon,Gilles. 1994. A History of Quebec Nationalism However, these beliefs were increasingly challenged by the federal government which, bythefederal challenged thesebeliefswereincreasingly However, government 44 . Of course, this emphasis on the part of of on only federal the thepart government emphasison this . Of course, 42 . 30 . James Lorimer Publishers. Toronto, ON: p. 73 . McClelland and Stewart. Toronto, ON: p. 43 . This policy was a direct . McClelland and McClelland . CEU eTD Collection Saskatoon, SK: p. 17 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 45 TheMeech forcedunwillingrepresentatives. frequently Lake Accord upon which elected are makingprocesses less-than-democratic decision leads This to only butencouraged. enabled isnot federalism executive political as a of practices, electoral system common and the result Therefore, re-election. risks thereby party and the from be expelled to certain is almost member adopt, that seeks to theCabinet which measure againsta particular vote as farto and go wishes totheleader’s opposed diametrically findthemselves they line. If party the to according vote to (MPPs) Parliament Provincial of Members and (MPs) Parliament of Members forces alternative is simply notnecessary. This is simplified by the convention of party discipline which party leaders, fully control governments in all aspects political as long as a majority exists: the and between negotiation islessened,parties and dominantparties, along with their dominant is usually believed beto the support of 40% of the electorate. As a result, the need forbargaining level secure such arethe norm,a government the “magicnumber”to provincial and and federal heavily favours parties with regional support. Consequently, majority on the governments which system first-past-the-post isa system electoral Canada’s political: was element another whichas Lakean However, 120years that later. negotiations theMeech environment surrounded restrictive as nearly not although environment, an in such created was Confederation mentioned, Reasons for System failureto of Meech Lakethe the Accord. in Canadaandcontributed place Québec’s on negotiations waysduring the innegative was used peoples” Cairns, Alan C. “The Charter, Interest Groups, Executive Federalism and Constitutional Reform” in David Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, The reasons for this system are partly political and partly historical. As already 45 . Therefore, executive federalism, while potentially being beneficial in some respects, some in beneficial being potentially while federalism, executive Therefore, . 31 . 1991.Fifth House Publishers. CEU eTD Collection Canada, public consultations and inclusiveness were preferableCanada, public in andinclusivenessconsultations matters. were Constitutional in modern that proved secretiveness, namely its MLAnegotiations, of perceivedstrength the the of the Constitution. The 11 men in suits were out of touch powerful and influential namely withgroups, Natives, women ethnic/culturaland minorities other out the situation on the ground, and Constitutional initiative. The reason was simple: the singular focus on Québec leftmany in opinion detrimentotherandto the operate secret groupseventuallyof led to deathof the the avoid in attempt this the MLA, to to confronting opinion regards wasdivergent Canada-wide public known that well already itwas Whereas miscalculation. fatal be a to proved case, this any In negotiations. Lake Meech the for route best the was this that was thinking common the and past, inthe struck been have which deals facilitated undeniably has This negotiations. certain varying constituencies in each havebeenprovince in kept darkaboutthe developments and the as relations federal-provincial in beneficial proven has it history, political Canada’s of (NDP). Party wing NewDemocratic left- the with coalition informal an through governed who Peterson David Ontario’s with case aswasthe minority government, headed a whenaPremier fatal weakness was alsoa government from amajority strength the derived that revealed also this process,and demonstrated However, itHowever, can not be executive arguedthat federalism isindeed allbad.Over course the 32 CEU eTD Collection Saskatoon, SK: pp. 25-27 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 46 no inferiority of Theassumption decades later. two Accord MeechLake kill eventually the and delay question, effectively to them enabled government federal the with confrontation early this from learned they lessons The sphere. political in the empowerment their of beginning Aboriginal effort markedthe on Canada-wide, partof this a concerted the through people and attempts of government toof officially the superiorityassimilate of viewing asbeing this inhabitants toothergroup inferior of Canadathe assumption ledtothe and Natives, theof policyEuropean society.was This tobring “off desire them reserve”the its had foundation at along-standing tradition eventuallyCanadian into Natives bring to attempt civilizationdefeated assimilationist essentially an was Chrétien, Jean Affairs to thatPolicy,by federalthe This government. document, spearheaded by then-Minister of Indian of the Native the White 1969 whichPaperon publication sawthe Indian a highly controversial of document, Theand Natives areonesuchgroup. early 1970s. 1960s late in the era Trudeau beginnings the the of canbe backto of traced actors several groups of emergence the decade, of that early part inthe Constitution sign Canadian the Québec to Aboriginals Cairns, Alan C. “The Charter, Interest Groups, Executive Federalism and Constitutional Reform” in David Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, The New Nationalism: The 1980 Referendum and Patriation While the Meech Lake Accord is associated with the 1980s and grew out of the refusal of Their eventual Their opposition MLAgrewoutto the of eventual policygovernment back to dating Chapter 5 33 . 1991.Fifth House Publishers. 46 . In any case, despite the CEU eTD Collection Saskatoon, SK: pp. 25-27 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 47 through 1970sandthe four Constitutional 1980s, conferences wereheld leaders with aboriginal in subdivision political Additionally, government. with for federal the Native dealings set aprecedent Canada, and Native-majority first the represents It Iqaluit. at capital its with Territories April on 1 creation Arctic, and together with increased activism, they were able realizeto a long-standing dream: the Significantly, constituted majority the large they in population swathesof the Canadian of the definition. in the included were far-north, Canada’s of inhabitants the Inuits, as increased was “Native” as themselves peoples”, thereby significantly enlarging the anddiversifying population which defined Indians”“aboriginal “Status from to (section definitionthe indigenouscommunity 91(24)) the of due toeventsin which occurred 1980s.the Canadian Theadoption broadenedof Constitution the scene. political national the on actor new important an them forcrucialmade Indian strengtheningmovement,in unity development to and, addition their these skills with more, they acquired what’s Indians; status towards in federal policy prevailed when stalemate the supportimproved 1970s. These visibility organizations skills their and theirenhanced political atatime of the federalthe received throughout iswhich Indian theirgroups training the beingto detriment viewed as government’s money and know-how. strength. This was a longer Natives, existed,andnow through theirnew-found bargained unity, from a position of Cairns, Alan C. “The Charter, Interest Groups, Executive Federalism and Constitutional Reform” in David Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, Another reason for the ability of Natives to oppose any government initiative which they which initiative government any oppose to Natives of ability the for reason Another Lastly,most challengedand significantly,Accord perhaps Native groups Lake theMeech st , 1999 of , 1999of Nunavut, meaningland”, “our carved out of Northwest the 47 . In addition to an increase in anincrease to numbers,the . Inaddition geographical distribution 34 . 1991.Fifth House Publishers. CEU eTD Collection Publishers. Saskatoon, SK: pp. 12-14 50 14-15 49 48 “English mustassumption that has Canada linkage”, andit common one ancestral be thereexists anerroneous Therefore, Accord. Lake negotiatingpoliticians the Meech which were Franco-centric and Anglo the by ignored completely was reality that yet Canada, of part an important intoit land developed and lawless frontier a generally to came peoples These affair. European Eastern an wasessentially province settling of the the in example, Saskatchewan, completely ignored the contribution made in by groups ofthe these settling the country Canada as a country with “twofounding peoples” left them out of the picture, and, even worse, being Germansand Poles, Scandinavians Ukrainians, Blacks, descenddid not from French British – settlers or the most numerically important of these groups who Canadians Native-born and immigrants of consisted Canada” “other This opinion. public nor discourse political in common either accurately reflected not were realities Canada” whose “other an existed there that overlooked French parts, English and into Canada of division to the led which question, national Canadian the of simplification The player. important an as emerged The “other” Canada of gaining for the rights aboriginal peoples of Canada. inback” theprocess “step wasacritical Accord draft felt the that which of organizations Native English and the French asfounding peoples, was clearly met with anger and disbelief on the part people constitutive fundamental, a but Canadians” “other just not were aboriginals that belief the affirmed which Smith, David, Peter MacKinnon and John Courtney. 1991. AfterMeech Lake: Lessons forthe Future Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism Ibid. , pp. 25-27 However, during the 1970s and 1980s there was also another critical group which critical also group another therewas However, during the 1970sand 1980s 48 . Thefact the that MLA include language, not did such listed butonly the 35 . McClelland and Stewart. Toronto, ON: pp. 49 . They felt that the definition of . Fifth House 50 . For CEU eTD Collection The FirstReferendum UK: p. 29. 53 Stewart. Toronto, ON: p. 189 52 51 a Canadian tohis and committed politicians country; both future the continued who hiswork, follow their footsteps who politicians the than milder always are realm public the into ideas such bring who ideologists longsave and reviveoneof nations”, suffering however, most the ashistory shows, the Solzhenitsyn’s aggressive, nationalism not is butmild and defensivein character,only aiming to that said be may “It that replied dissenter, fellow a Sakharov, Andrei system, Soviet Solzhenitsyn’s claim only a that revival of nationalism could savefrom Russia evilsof the the held in nearthe future. Perhaps itis surprising not this that In occurred. responding toAlexander be to areferendum through Canada from Québec of independence the seek to point: the to and sovereignty Parti Québécois gained power for the first time. His promise upon election was clear only a small group, was René Lévesque who, in 1976, was elected Premier of Québec as his pro- initially faction, anti-Canada of The leader led asplit.the to and gradually movementdeveloped within this divisions remaininCanada. However, butto empower Frenchspeakers, desiredto by powerful governments” or,in provincial regionalism words, other stimulated provincialism the by and multiculturalism, by Ontario, from provinces Atlantic the of entity, whichmany stillsee asbeing“one and thesame”, isfractured “by the separation physical Indeed, Anglophone Canadaethnicallyacknowledged country the English-speaking the arenothomogenous that of parts is not a cohesive community with a coherent sense of itself. This Rubin, Barry.1974. Kontinent: The Alternative Voice of Russia and Eastern Europe Cairns, Alan C.1991. Disruptions: Constitutional Struggles from the Charter toMeechLake Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism The vast majority of Québec’s Quiet Revolutionaries were committed Canadians: they 53 . In the case of Québec, this observation is equally true. JeanLesage was true. is equally observation caseof the this . In Québec, 36 . p. 15 52 . . André Deutsch . McClelland and McClelland . . London, 51 . CEU eTD Collection 118 56 55 Accord Lake Meech The Visions: Constitutional 54 theRevolutionby fact, Québec soinsuccessful inmany that was changing society Québec 1980 equity theto only and security” road sovereignty was the thatnational claim undermined for a more French Canadians demands ofindividual the Revolution. success By satisfying the Quiet the of equitable distributioncontributing factors. several ofof one were they referendum: the of wealthoutcome the explain to enough not are Trudeau and powerthat they had entertained for ten, twelve, twenty years were dashed” in Québec, fordiscouragement: nationalistsit andintellectuals,was a terrible morning whenhopesafter, “the great the of “beginning signifiedthe referendum 1980 the of his result The promise. deliver on Quiet withstayreferendum voting defeated, was it in60% to was Canada:now Revolutiontime Trudeau for to being be inmany whilenot separate desire distinct, Québec to of equal treatment for Québec, thingsfuture, wouldin bedifferent their with federal dealings the Hepromisedgovernment. and a new way of doing businessHe made whichan emotional would accommodate pleawith nationalist emotionsto atQuebeckersthe a fever pitch, Pierre Trudeau feared for the existence to of the votecountry. for Canada, and promised them country. the that in the in doubt and some, namely Lévesque and Parizeau, actively sought to separate it from the of frequently continued within Québec existence the placed federalist andsovereigntist, Canada rest of Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism Gougeon,Gilles. 1994. A History of Quebec Nationalism Competing eds., Rogerson, Carol and Swinton Katherine in Court” Supreme the and Lake “Meech Peter. Russell, Lévesquefulfilled his hepromise: heldhis inreferendum 1980. In run-upthe to vote, the Surprisingly, an important factor in the failure of the referendum on independence was independence on referendum the of failure in the factor important an Surprisingly, . 1998. Toronto, ON. Carswell Publishing: p. 97 37 . James Lorimer Publishers. Toronto, ON: p. 94 . McClelland and Stewart. Toronto, ON: p. 55 . Yet the promises made by made promises . Yetthe 54 . And so it was that the 56 . In CEU eTD Collection made. ithadafter soon been him Québec so led break hispromise to which minded to determination Canadalonger lasting toashenohad fear from Itwasthis change voters. anything to single- bring to was determined in and lastbe office, term his this would realized that majority. He tooffice witha Trudeau held, Pierre returning surprisingly months were andnewelections six only after was defeated government minority the However, politician”. “superstar first of had they many Canada’s very last seen the adecade over thought Trudeau’s of rule, Pierre System New Constitutional the Negotiating Meech failure of the Lake Accord. the and signature Québec’s without Constitution the of adoption the following immediately andfatigue” “nationalist the which ensued important wasvery in Québec within keeping Canada referendum initial the of failurethe Most agreethat future. for foreseeable the suchvote another in Canadian history,held referendum the was andlost, eliminating thereby of anyprospect moment a crucial Hence, at sector. private the of theimportance increase and lessen expenses to sovereignty and declareda new mission for his thegradual party: slimming down of government his clear that project independence his for hadfailed, Lévesque attention turned from away it had before made been referendum held.After gonewell the was was oppression perceived business,industry and and theprofessions allowing speak them language.theirto own Most in to French-speakers bringing was Revolution of the achievement great The Canada. restof the inbeen favourofseparation in– most Québécois felt thosedayssimply nothing in common with certainly have almost would result the Revolution Quiet tothe heldprior been hada referendum longer nomany sawathreat tothe continued indeed, Québec’s culture; existence of argue that Following the election of a minority governmentConservative under JoeClark, ending 38 CEU eTD Collection Saskatoon, SK: p. 15 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 58 Amber Forever 57 was support provincial necessary a proper request Westminster, forandingovernment to the stood in the way of agreement who actors Constitutional other exclude, try to exclude,or in to charge those of tendency the on: later in process reform Constitutional the pattern arecurring become would This revealedwhat unilaterally. proceed to Québec, to promise his and referendum failed the after year one almost respondedby inparticipating them.threatening, Trudeau by not andgovernment provinces negotiations betweenthefederal tostall they them, that attempt anditwould appeared be tomost of elements diametrically ofQuébecappearedto Constitutional package, the opposed certain to many wereopposed them. his Whileprovinces to intention of promise keeping thereby amendments, making Canadaat same the time more democratic and“fully independent”. “patriating” andby theConstitution voice future Constitutional provincesgiving a in any by situations rectify to these sought Trudeau federalism. of nature executive entrenched require didfrom not This legislatures. orseekanythingis example provincial yet another the of confined theprovincial words,they to inother executives; provincial leaders,could but consult addition, provinces had noformal role inthe process, and federal consultation with them was the British used between years 1867 issue both the housesand 1982required that parliamentof arequestto governmentand developed practices conventional the that meant this terms, simple In Britain. and resided to place a proposed amendment before the British parliament Cairns, Alan C. “The Charter, Interest Groups, Executive Federalism and Constitutional Reform” in David Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, Smith,Jennifer. “Conflicting Views Constitution of the and of Constitutional Reform” in Thomas Courchene, His most important order of business was, of business important the Constitutionwhichsince mostHis order of was, course, 1867 It was at this period that it became apparent to many in Québec that Trudeau hadno Trudeau that to manyinQuébec it became apparent was atthis that period It . Queen’s University Press: Kingston,ON: p. 71 58 . This was a by-product of the unclear norms as to how much 39 . 1991.Fifth House Publishers. 57 . In CEU eTD Collection 60 53-57 59 with the growinginflux of peoplecertain to other provinces ensured that Québec was destined to combined numbers province’s the decreasing and each province, population of the to in relation house set lowerare in Canada’s because seats important This was became. population of Québec amount of seats allocatedcontinuously decline to the province inits besetQuébecdemographic proportion saw population which and Canadian crisis the of the House of Commons no matter how small the government to propose amendments which were simply seen as unacceptable by other provinces. “English Canada” represented collectively provinces, which other “French as all of vieweditself sole representative andtherefore beingequalto Canada” of the in be equal federal with one another their Québecsawitself dealings government, with as the the most should provinces provinces.other while agreedthat provinces English-speaking Namely, of the that and of Canada its view between conflict the was Constitution Canadian the Patriate among oldest the continuously-settled of parts Canada. beheldgain success acomplete to not asitprovince largestdid signature of the Québec, the and debatable whether or not the patriation initiative failurein excluded. proposed of the is dueto resistance the groups the Whileitof of the Constitution was a failure, it can“other Canada”.certainly Therefore, a definite pattern of exclusion exists which in every case has resultednot be Brian Mulroney,botheringincluded not while Québec and with Women’s Natives, groups, the instruggle, Constitutional excludethe successor Trudeau’s while to Québec interim threatened Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism Ibid. , pp. 53-57 One of these was an outgrowth of a negative side-effect of the Quiet Revolution: the The main reason for the opposition of Québec to the proposed amendment which would 60 . As a result, the government of Québec sought to have a guaranteed, set 40 . McClelland and Stewart. Toronto, ON: pp. 59 . Thisview led Québec the CEU eTD Collection Stewart. Toronto, ON: p. 117 61 theprovinceof its of became placeCanada. Overnight, unsure andfeltbetrayed inCanada by the rest the with but government, federal the with only not relations in Québec’s moment watershed Failure toobtain consentQuébec Meech the Lake Accord. tothefailureof another and crucialHence, contributed elementofcivilsociety they constituted of is and status withinCanada that an implication secondary Québec’s. that their their to rights shutfocus of andtheyviewedsingularon Québec Meechproceedings, the as the effectively out whichof these groups in somegained measure were Constitutional of Charter protection the official-language minorities, for aboriginals,multiculturalism, for andfor gender equality” freedoms, democratic rights, and legal rights, but also of various particular recognitions for “not is fundamental product only traditional theCharter of and the citizen’s relation to the opposition it. Theto Canadian Charter of Rights andFreedoms was includedin Constitution, the in Accord Meech andunited whichvoiced aboutthe Lake powerful theirconcerns group Québec. to his breakingpromise thereby British parliament, the from amendment positions,two and sided with provinces English-speaking the and wentahead an with requesting these in contradiction the saw inevitably Trudeau economies. their with along grew provinces English-speaking of these as the populations even gain theycould seats of possible amount unfair, it forwould rewardQuébecpositively their as decliningpopulation restrictingwhile the as However,power. viewedsuch arrangement any provinces other the and,lose seats therefore, Cairns, Alan C.1991. Disruptions: Constitutional Struggles from the Charter toMeechLake The failure to obtain the consent of Québec to sign the Constitution Act, 1982 was a another were stakeholders, to asCharter referred otherwise supporters, Charter Lastly, 41 . McClelland and McClelland . 61 . All CEU eTD Collection ON: p. 63-65 64 Stewart. Toronto, ON: p. 155 63 62 Its upon. was agreed whaton representation matter type agreement no of likely emergeawinner any case, Ontario’s population was by far the largest, and growing speedily and would most either, as it was clearly in their interest, enjoy.notnecessarily against wouldthis Ontario, not Whilewas governmentof Ontario the opposition from the rest of Canada of exception the with provinces, thatother matters many for Québecon aveto permitted Québec, was too strong – in “equality-of-regions” the over federation 3) affirmed”(section Québec…is identity of distinct the preserve promote and of to Québec government and legislature the of “the role and 2(b)), (section society” adistinct Canada within Québec constitutes that “the recognition with manner in consistent a interpreted be to Canada was of Constitution thatthe stated which of Québec requirements the to and tailored document the was addedto clause anewinterpretation exception: a significant was there lesswas moreor equal, treatment the Although treatment. deserve special not did and distinct not Québec was was that course, asa itwas treated province government: federal handsthe the which of itreceived at treatment the was essentially for this event reason Québec to applied still Constitution the for problems, legal than rather political raised legitimacy itsdenial and governmentthe stance Québec’s anti-Constitutional of subsequent of thefailurethat give to consentwouldlegal raise avariety it that is problems,of nonetheless true manvery hadwhostay convinced them to in Canadafouryears prior. While onewould assume Blakeney, Allen E. “Commentary” in Thomas Courchene, ForeverAmber Cairns, Alan C.1991. Disruptions: Constitutional Struggles from the Charter toMeechLake Ibid. , p. 154 The 1982 changes represented a victory for the “equality-of-provinces” viewof for “equality-of-provinces” the the The 1982changes avictory represented 63 . Nonetheless, this was not enough. 64 comme les autres comme les . The equality-of-regions view, which was by desired 42 – like the others. The implication, of implication, The others. the like – . Queen’s University Kingston, Press: University . Queen’s . McClelland and McClelland . 62 . The . CEU eTD Collection VoyageurPublishing. Hull, Quebec: p.10 66 Saskatoon, SK: p. 14 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 65 enshrined Canadianism of norm Constitutional the against offended that ways in situation local of the Charter was to “set limitswouldnow have be to inline rights. with Charter Indeed, notesthat Cairns the political purpose to the capacity of itsinQuébec, legislation theareaof which feltculture to that egregious provincial This specifically was governments to concept of parliamentary limits supremacy andsetwhaton provincial governments could do. respond to their rights mobility and language equality, democratic, religion, assembly, associationtime in history,Canadian the“protection individual of andrights freedoms including freedom of and the press” as well as firstfor the a entrenched, of andFreedoms Rights Charter the Specifically, variety meant. “Canadian” of other rights such as a being of notions what of all the aconglomeration was nonetheless document Yet the legal, responsibility of Canada,These it hit questions at a time “Constitutionalof immaturity” of Québecthe country; the price for the immaturity was paid for atMeech nationalismwere entrusted onlyin of is thisthat indicative 1982 the eventoccurred fact itswith the However, ownidentity. and aboriginal empowerment.to Britain, Act, 1982 Constitution the mother country,favour of that. and when interestthey was becamein seeing a strong the and united Canada, and the Québec plan did not seem to be in BowkerMontgomery, Marjorie. 1990. The MeechLake Accord: What it will mean to you and to Canada Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, Following the patriation of the Constitution, Canada was meant to be a unified bemeantcountry aunified to Canada was Constitution,Following of the the patriation Yet, while it was a victory for the individual, the Charter effectively eliminated the eliminated effectively Charter the individual, the for victory a was it while Yet, 43 66 . . 1991.Fifth House Publishers. . 65 . CEU eTD Collection Saskatoon, SK: p. 22 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 67 namely escape the incertain Charter, the clauses to provinces tools whichenabled haditQuébec-Canada beenTrudeau broken:wasbusiness The with asusual relations. respect to Pierre of promise the that speakers French to made itclear Québec, of wishes the against done were which of both Charter, the of introduction the and Constitution the of patriation many while far. in itCanada felt provincial Lastly,governments English the too went that by government, Québec bareminimum the acceptable wasviewedas the theAccord Similarly, inCanada. symbolicit place denied their because them amendment the ethnicities, opposed Native and andwomen’s groups people whobelong dideither not to or French British focused singularly on the issue of Québec,many other actors were ignored. These actors, such as While theMeech into negotiations LakeAccord. of whicheventually thedeveloped Accord at its root the rejection of Québec’s aspirations. This rejection is what necessitated another round Accord. Lake Meech of the factorsrejection in eventual the important governments to vow to provincial leastled three at wassevere,and Canada inEnglish Thereaction not Charter. the against pass the MLA. Thus,clause against Courtruling aSupreme whichstatedits anti-Englishlanguage signs law was the Charternotwithstanding the employed and government Québec the as the process, Meech the during reactionforefront to it were also the Thisissuewould to come theCharter”. “notwithstanding legislation itenabled words, other provincial to overridegovernment certain provisions of for aset Charter the amount of time. In “notwithstanding implemented forclause”; Québecdesigned in but itall allowed provinces, a Charter” in the Cairns, Alan C. “The Charter, Interest Groups, Executive Federalism and Constitutional Reform” in David Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, Therefore, the new Constitutional system which was implemented in the early 1980s had 1980s early in the implemented was which system Constitutional new the Therefore, 67 . An attempt to get around this issue was the introduction of getaround . Anattempt issuewasthe this introduction to of the 44 . 1991.Fifth House Publishers. CEU eTD Collection in detail.further analyzing the negotiations and outcome of the Meech Lake Accord, which will now be explored Accord. Consequently, the Constitutional climate of the early 1980s is of prime importance when the for blow final the constituted politicians, Native from opposition strong with together language in Québec signs commercial in radicalized publicwhich EnglishCanada opinion and, English- over dispute in the government Québec the by used then was clause, notwithstanding 45 CEU eTD Collection 1984 Elections 70 69 ON: p. 60-62 68 Canada led inWestern by aLiberal Western government Canada replaced rejected Quebecker a French in restnow, an eraof the Quebeckerembracedfinally putto andLévesque – English Trudeau of Canada ineach region of seats least 70% the Party. The sweep wasimpressive: 211out of (or282 seats 75%)aswas its generality, at with “new the Liberal the federalism” of rejected resoundingly 1984 election SeptemberCanadians 4, As on andcame from the liberal aresult, Québec. overcaucus half government, federal the Manitoba from two only and Territories), andNorthwest (Yukon Territories the or Saskatchewan Alberta, wereno there from British make-upof Liberal his caucus:Columbia,fatigue, MPs wasthe sincealmostlate 1960s. uninterrupted Themainby facedbesides the problem this John Turner, popularity the CanadianTrudeau, publicof wastired of who Liberals, the had beenin power the general Mulroney. despite faced However, Brian against run againfor election, off and not hesaid would who Trudeau, hadreplaced John Turner Turner. under defeat Liberals of the following itself underway final the theprocess got only need Meechthe the for LakeAccord, Cohen, Andrew. 1990. A Deal Undone Amber Forever 1990. Thomas. Courchene, Blakeney, Allen E. “Commentary” in Thomas Courchene, ForeverAmber While the Constitutional debacle of the early 1980s was clearly the catalyst which created 70 . Thus began the Brian Mulroney era, and the Meech Lake process started. 68 . Therefore, in all of Western Canada there were only two representatives in the representatives two only were there Canada Western of in all . Therefore, Towards Meech Lake: the Process Begins . Douglas & McIntyre Ltd. Toronto, ON: . Queen’s University Press. Kingston, ON: p. 38 Chapter 6 46 69 . The Progressive Conservative Party of Canada of Party Conservative Progressive . The . Queen’s University Kingston, Press. University . Queen’s p. 19 CEU eTD Collection Saskatoon, SK: pp. 25-26 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 154 73 p. ON: Toronto, Press. Toronto of University 72 Stewart. Toronto, ON: p. 143 71 peoples founding two the as speakers English and French of identification MLA’s the similarly, status; afforded same werenot the because Native groups aninsult as society” wasperceived “distinct of a beinggrant Québec the status issues. Thedesire to had they several MeechAccord, the ofCanadaMétis peoples peopleincluding Inuitand Indian, the of as Canada”, defined 1982calls Meech Act, Section the“aboriginal to and included Constitution the Lake, 35 of what negotiations,felt they that were beingignored.They formed a“distinct category of opposition” Natives Actors Québec. besides in whohad reform process aninterest the actors in Constitution the 1982” made to ‘Québecthe theysaw because as round’ for winning its purpose changes support the Québec’s the MLA new made promise the province to byBrian Mulroney, the and culmination promisethe of was a Meech be through by was meantrectifiedat Lake. Thiswasdone negotiated to amendment the Québec’s participation, Actwithout Canada the of passing the era,specifically in Trudeau the New Promise to Québec Cairns, Alan C. “The Charter, Interest Groups, Executive Federalism and Constitutional Reform” in David Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, Russell, Peter H. 1993. Constitutional Odyssey: CanCanadians Become aSovereign people Cairns, Alan C.1991. Disruptions: Constitutional Struggles from the Charter toMeechLake The whole rationale for the MeechforThe whole rationale the was LakeAccord damage the Chiefly, Québec. done One of these groups was the Natives who, much likein much previous Constitutional was who, Natives One the groups these of without any mention of them was viewed as a betrayal on the part of the federal 71 . Consequently,“the Meech of round Constitutional reform was called byits sponsors 72 . However, as will be demonstrated, there were several other several were there demonstrated, be aswill . However, 47 . 1991.Fifth House Publishers. ? 2nd ? 2nd edition. . McClelland and McClelland . 73 . With CEU eTD Collection ON: p. 62-63 76 Saskatoon, SK: pp. 25-26 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 75 74 Québécoisthe is to – language an what Natives issuethe is to land that said be can it ofTherefore, land. issue: the important utmost importance which sought thehelpin of federalgovernmentthe battles their with theirprovinces most over they are ready and determined have language, often specifically Native groups its theFrench culture, to threat becausethe of to settle, completely ignored. While Québechasfrequently beento federal opposed initiativesgovernment were yet becausetheirdemands in are unique they thewhichprocess, MLA playedakeyrole were losing their patience with Ottawa. Natives became one of the three main stakeholder groups MLA,itbecame clear people aboriginal that little had sympathyfor provincial governments and Accord the legislative later usedbyManitobakill requirement, politician approval Harperto Native Elijah domestic goals” encouragedfollow aboriginal strongly “and especially to their elites peoples through on their international indigenous people’s movement a and supportive international which climate disseminatemedia their to message through wasfacilitated theiridentification with the opposition, included action which protests, by Native political representatives, andthe use the of mosaic” in multicultural strand the another being asjust considered hostile to are hence and their peoples, to minority’ ‘cultural or ‘ethnic’ term the of application the reject leaders “Indian because measures is two these to opposition for the main reason The government. Blakeney, Allen E. “Commentary” in Thomas Courchene, ForeverAmber Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, Cairns, Alan C.1991. Disruptions: Constitutional Struggles from the Charter toMeechLake Lastly, from they received support Canadian the which public, also demanded a 76 . As a result of these problems surrounding Native rights and participation in the 75 . 48 . Queen’s University Kingston, Press: University . Queen’s . 1991.Fifth House Publishers. . p. 120 74 . Their . CEU eTD Collection 78 77 Trade Agreement with the United States which Brian Mulroney was intent on signing. Free the and Québec for treatment special to in opposition years in recent forming been had for provinces.backeddemanding attitude was This upby equaltreatment which opinion, public on intent negotiations came Meech Premiers the inWestern to term office, final Trudeau the of regionalism stark the to in addition Canada Central of benefit the for itself, province the Energy industry, minimizedProgram,Alberta’s which of theprofits andthuseffectively of oil pie” theCanadian of larger share for a in battle the weapon wasanexcellent identities regional languageof the … learnedthat language speaking the of 1980s“virtually bythe regionalism. Indeed, provincial every premier minority susceptibleflows theebbs governments to of and manypublic opinion,them and of the negotiations: a conglomeration of 9 provinces, most of them have-nots, several governedby nineincluding provinces Canada, notwas of This Québec.certainly group mostthe unwieldyat remaining the to refers simply case in this provinces” “the Therefore, government. federal the and Québec being two other the negotiations, the of pillars three the of one were governments excluded, provincial whichwere However, groups the unlike Native Meech LakeAccord. Provinces MLA. the of in of alsoQuébec,playedlarge negotiations the wereintegral eventual defeat and parts role a the provinces the notwithstanding Cook, Ramsay. 1986. Canada, Quebec, and Amber the usesForever of 1990. Nationalism Thomas. Courchene, The provinces constitute the second group of actors which had a great impact on impacton whichthe had of agreat actors secondgroup the constitute The provinces 77 . The two remaining actors, the provinces as a whole and then 78 . Still reeling from National policies. Still from suchasthe Trudeau reeling . Queen’s University Press. Kingston, ON: p. 44 49 . McClelland and Stewart. Toronto, ON: p. 11 CEU eTD Collection University of Toronto Press. Toronto, ON: p. 144 p. ON: Toronto, Press. Toronto of University 79 no matter what its future possibly havingOntario) many aveto, felt itthat was enough still not as itimplied thatQuébec, population Constitutionalor economic size (both over aveto one give each and provinces) Atlantic and Québec the West,Ontario, (the ofchanges. which were decreasingandinstead tended tofavourWhile aregionalwhich veto would divide thecountry intofour regions amendments, this Constitutional on veto at a Québec opposed the provinces The wasnot. would others while certainly betterimmigration,returnfew this be provinceswould a federalpower willingto the government for the all makingthem Québec. thereby of instances, suchas provinces, Insomethe equal to West than only shouldbe powers to generalized those be given special powers, if wasto Québec alternative,the Québec (and In provinces. the than “more equal” or “above” asifitwere be treated not it should others: the from treatment separate Québec any which afforded mostly provisions they were against distinct, things, but generally agreed on several issues as well. different all wanted provinces The negotiations. Meech at the Québecdelegation escapethe not destroy possibility the Canadaof beinga distinctsociety. The irony positionthis of surely did itwould wasthat (NAFTA), Agreement FreeTrade American North the as become known unmistakable.against main argument Agreement, which The the would eventually pass and Meech was with its intertwining yet issue, FreeTrade the on essentially wasfought process Canada Americanism and egalitarianism which underlay the attack on the MLA from the English parts of Russell, Peter H. 1993. Constitutional Odyssey: CanCanadians Become aSovereign people Consequently, newthis strand of“English Canadian” nationalism was ablend of anti- Whereas they thought that they could live with a clause which stated that Québec was 79 . The 1988 election campaign which was being contested at the height of the Meech 50 ? 2 nd edition. CEU eTD Collection 81 ON: p. 62 80 politicians started to vocally oppose elements of the Accord, sentiment in the province of Québec practice into recognition put that Accordsociety” to with a“distinct inthe practical explicitthe along as recognition provisions amendments, a limitation of federal spending power in areas of provincial jurisdiction, and judges, selectingover Constitutional immigration, Supreme Court greaterpowers over a veto they were notfar enough.Among the things by desired governmentof the Québec was a role in While much of English Canada felt that its demands were going toofar, many in Québec felt that Québec’s role in thenegotiations eventually Lake Accord. Meech derail the frequentdelays domestic to helped however,the andsusceptibility political to pressure the role of the provinces however,amendmentprocess, which inwas placeput in is1982 and it inescapable. Therefore, in the is the negotiations This all. at comes it if in coming, slow be always almost will approval the amendments, was perhapswithout it, approve all they that arequest with expediency thepolitical and mostregionalism nationalism, important to their them success; Blakeney involvedthis states, publichearings insome and provinces, inpotential delays allof which for the firstinformal history time for theprovided As legislatures. approval of provincial economic booms, and most of which were speedily increasing in population. experiencingwhich were fourthe Westernprovinces,be of some time) equal would always to Cohen, Andrew. 1990. A Deal Undone Blakeney, Allen E. “Commentary” in Thomas Courchene, ForeverAmber 80 . Any thesame time deal is toten differentpresented political units influenced by The power The power of provincesthe was cemented by amendingformulathe passed in 1982, Québec was the last actor in the Meech Lake Accord which contributed to its failure. to which in contributed Accord MeechLake actor the last Québec wasthe . Douglas & McIntyre Ltd. Toronto, ON: p. 6 81 . When English Canadian public opinion aresult, and, as . WhenEnglishCanadianpublicopinion 51 . Queen’s University Kingston, Press: University . Queen’s CEU eTD Collection 85 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 84 83 Saskatoon, SK: p. 24 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 82 been security, and the strategy for its achievement is the recognition of equality” minefields of explosive emotions” but Canada arenotdry matters of technical fundamental characteristics Constitution as receive Constitutionalthe next chapter. It is apparent for yet failure, reason This all together. in constitutes another bewhich will of indepth analyzed recognition that the MLA “makesissues is such two larger the whatbound as theMeech Lake Accord, part of a document, it clearas thata distinct such questionshouse as whosociety, is to be and as whatQuébec are it MLA was not the finallythat and would makeit elected process equal, to effective.However, towas be opposedincludedby not hadWestern provinces been Québec. such an upper houseforawhile,seeking hoped and to in thisthe arrangement which prison” would reduce in sentence nationalists “Canadian the by as another wasviewed many rejection of Meech its power MLA an escapeas opportunity theCharter’s to restrictions,Anglophone and thus thegrowing within that viewed suchas importance, the They culture. in maneuverability of areas limited the province’s force which asarestrictive Charter Trudeau-imposed viewed the Bourassa Robert Premier againstbut Québec restof Canada. the Accord, notonlyagainst the turned was radicalized and Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, Reconsidered Lake Meech 1989. Lorne. Ingle, Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, 83 82 Furthermore, the issue of the “Triple-E” Senate was also brought up in the process, but up in process, the brought wasalso Senate “Triple-E” issuethe of the Furthermore, . Thefact Western this if that would only gothrough thought provision made provinces . 84 . To put it simply, “the goal of French Canadians has always . VoyageurPublishing. Hull, QC: p. 24 52 . McClelland and Stewart. Toronto, ON: p. 57 . pp.14-15 . 1991.Fifth House Publishers. 85 . CEU eTD Collection Publishers. Saskatoon, SK:p. 7 Saskatoon, Publishers. 87 SK:p. 12 Saskatoon, Publishers. 86 Québec is to be broughtinto Constitutionalthe family. itseems evident that in future,the some way will have tobefound all for beappeasedto if provinces and Québec all share a part of the blame for the failure of the Meech Lake Accord, and nurtured division among all sectors of Canadian society process reform theConstitutional doubt, into unit asasingle country the of existence continued had symbolic within yetagainplacedthe divisions the forreasonswhich and Canada; of MLA the became andtelephone conversations, such channel personalmeetings methods as back- employed negotiating andthesecretive which process public from reform the process failed, twice (Meech Lake and Charlottetown Accords). In addition to the attempt toexclude the leaves Québec, and theopposed to the lastrest approach along with the provinces, who in general ofseek a united Canada. That Canada, with is diametrically government federal the from severe provinces, the opposition doable to due the Meech Lake Approach finally, or, sovereignty-association Meech Lakeapproach; which was tried, andthe whichwas for Québec, isdetermined status all of whatever provinces generalization to some form whichspecial isof status, by uniformly opposed restof the provinces;the a Smith, David, Peter MacKinnon and John Courtney. 1991. AfterMeech Lake: Lessons forthe Future Smith, David, Peter MacKinnon and John Courtney. 1991. AfterMeech Lake: Lessons forthe Future Excluding sovereignty, there are really only three ways for this equality to be for achieved: this to ways equality only Excludingthree sovereignty, arereally there 53 86 . While the first choice is simply not is simply choice first the While . 87 . Therefore, the Native groups, Native the . Therefore, . Fifth House . Fifth House CEU eTD Collection Queen’s University Press: Kingston, ON: p. 101 90 89 88 of it question addresses the when especially and between ‘state’ ‘society’, a includes distinction the term can by beimplied was what to foundclues Some sides. all from it to within opposition the analyzing when account the text of the Accord. “distinctFor society” is left undefinedinstance, by the MLA, and the vagueness of the term must be taken into in its discourse,society” adistinct within Canada “constitutes “the MLA Québec with that be knowledge the interpreted have to would andFreedoms, of Charter Rights This included which wholeincluding the Canada, Constitution asection affirmed that the of thus vis-à-vispositions thefederalin government perpetuity requesting which intereststarted inclusion the areas of their of they solidify believed would on be by most irreversible, brought virtually provincial governments Meech become would would which changes the that apparent became it once is that point the but history, of matter is a of Québec and theissues amendingformula, among other a provincially-biased Supreme immigration, Court, gender equality francophones outsiderights, government, the requirement for unanimity in Senate reform, a“Triple-E” Senate, the creation of dealt The Accord variously of society distinct the with clause, federal the spending power the issues. of avariety ityetencompassed document by it wasafinished place time inCanada, the Distinct Society Distinct Laforest, Guy. “Interpreting the Poltical Heritage of André Laurendeau” in Thomas Courchene, Forever Amber Forever Courchene, in Thomas Laurendeau” ofAndré Heritage Poltical the “Interpreting Guy. Laforest, Reconsidered Lake Meech 1989. Lorne. Ingle, Ibid. , pp. 12-13 The Meech Lake Accord was meant to deal with Accord andits wasmeantto of The issue exclusively Québec Lake Meech the The most contentious issue in the whole Accord was certainly the distinct society society clause. distinct the wascertainly Accord whole issueinthe The most contentious Meech Lake Accord: Contents . VoyageurPublishing. Hull, QC: pp. 13-16 Chapter 7 90 54 . Perhaps unsurprisingly, the meaning ofthe term unsurprisingly,. Perhaps the 89 . 88 . How these issues were all included all issueswere these . How . CEU eTD Collection 93 Carswell Publishing. Toronto, ON: pp. 8 92 CarswellPublishing. Toronto,ON: pp. 6-8 91 “distinct means society” wasbyno change clause Lakeproposed only the found intheMeech the However, Canada. of rest the in minority French the as well as inQuébec minority English of the abandonment the andrepresented existed already than extent an even greater lines to along linguistic Canada of fragmentation institutional the for in arecipe essence, Accord was, citizens Constitutional secondary haveit speakersFrench leftQuébec of and would outside speakersinQuébec English as solitudes’ ‘two of and is theConstitutional equivalent society” clause consequently, “distinct the complete re-emergence historical of“two of notion into solitudes”the beingpractice;put the with society, Canadian of regionalization further a be would result end The life. of way itselfpresumably concern of safeguarding the with includingQuébec’s culture, and language governmentwithdrawfrom many other governments within with dealings andwould Canada, within Québec. movement sovereignty the of themes main the of be one to continues and was arrangement independently actalmost completely andableto government federal free the institutions, of state distinct imply would society a distinct that reasoned be can it clause society” “distinct aforementioned the with along consideration into taken when when the two are dissociated,distinction may notbe out of the ordinary in current political discourse, although some argue that it is consideredthe responsibilities an anomaly of governments or “a pathology with regard toto Québecbe dealt and Canadianwith”, society” Ingle, Lorne. 1989. Meech Lake Reconsidered Lake Meech 1989. Lorne. Ingle, Accord lake Meech The Visions: Constitutional Competing 1988. Rogerson. Carol and Katherine Swinton, Accord lake Meech The Visions: Constitutional Competing 1988. Rogerson. Carol and Katherine Swinton, A distinct set of institutions to govern a distinct society would see the Québec 93 . Therefore, the distinct society provision of the Meech Lake Meech the of provision society distinct the . Therefore, . VoyageurPublishing. Hull, QC: p. 56 55 92 . Interestingly, such an 91 . While this While . . . CEU eTD Collection 94 the federal Supreme appointments, an to viewpoint Court emerged that equality-of-regions stipulated which government had to arrive atgovernmentfrom many aspects of public life. a decision federal the of gradual the havewithdrawal represented would this provision Therefore, with above. mentioned the system the to led eventually that and more gave government government federal the but of itis consultationsarrangement, afact mostinitially that only sought onappointments, guaranteed Québec for of sort pushedthis provinces the that While assume would one was arriveddecision at. an by consistently judging in of favour provincial Whatrights. is more perplexing is how this appointed them highestin the to court country andthe willing wouldbe too only toreciprocate plan been implemented,federal judges would be beholden to provincialthe which governments had It can lines such a that, bybe assumed only along President. ideological the are appointed judges wouldbecome servantsof provincial muchrights like American SupremeCourt judges In fact, this would haveservedasarecipefor thefurtherfederation, of and decentralization the federal cabinettofill based on a vacancy a listnames of by governments prepared provincial Supreme judges Court provincial without interference, new the system havewould the required toappointfor enabledthefederal practice provinces.theprevious Whereas seats government The Supreme Court – Guardian of Provincial Rights whereit waspreviously predominant. in areas influence government federal the from removed effectively have would which Accord Ibid. , pp. 25-26 Another such area of further “provincialization” was the provision in the MLA to reserve to MLA in the provision the was “provincialization” further of area such Another However, even in this part of Accord,the the emphasis on Québec is apparent. In regards 56 94 . CEU eTD Collection Constitutional Visions: The Meech Lake Accord Lake Meech The Visions: Constitutional 95 nominee.Albertan Québec would simplynothave todeal with issues,these and this therefore provincial in butrights, areas other could be ideologicalmake-believethe of opposite our from any 3provincesof other the may anddecideajudge upon bejustwho asbeholden to Conservative judges and the federal didnotlikegovernment thechoice, they could solicitnames rightif wing Therefore, provincial would Alberta governments. a few names submit the of politically unstable Canadian anditisprovince, unusual not seealternatingto far-left far- and by Party. Conservative BritishColumbia is a far-right known as beingperhapsthemost has along for been Alberta time governed while Party, NewDemocratic avowedly socialist the by been governed have Manitoba and Saskatchewan decades, three last partof the better for the frequentvariations far-right in between andprovincial far-leftgovernments For example,parties. rights. provincial with way any in which deal not many matters of judgeson do the Supreme Court, other course, wholethe picture: of representative truly not is this rights, provincial of servant be a case any in would appointee appointed from Westernother provinces until they saw anominee which liked,they which be would then Québec. If the federal equal to weretreated and Manitoba Saskatchewan Alberta, Columbia, British whole, comprising government did not Canadaasa Western example, For provinces. most other casewith wasn’tthe this However, like an Alberta nominee,Québec could getajudge which it appointed, notwithstandingwanted thefederal government. they could ask fornecessarilyappointee, butnot with so eventually meantthat this provinces. In the practice, names Russell, Peter. “Meech Lake and the Supreme Court” in Katherine Swinton and Carol Rogerson, eds., Competing eds., Rogerson, Carol and Swinton Katherine in Court” Supreme the and Lake “Meech Peter. Russell, Western Canada has a very varied political tradition, with strong populist undertones and populist with strong undertones has variedWestern avery tradition, Canada political 95 . While one might assume that this is not that contentious after all, because the . 1998.. Toronto,ON. CarswellPublishing: p. 133-135 57 CEU eTD Collection 97 VoyageurPublishing. Hull, Quebec: p.30-31 96 lightning a become and disunity rod Canadian of a symbol forbecome could it then, criticsPotentially, lines. linguistic of the current system.symbol Lastly,of unity, the it Territorieswouldworse in effect were represent not includedappear on part the of provincialthe governments, andleadmore could this to calls for reform, or regional, in soon to thelikely be would system the political with frustration of level high a appointment: the receive interests will nominee its that expectation strong a and have can province no seats, benon-Québec six only dividedwith along province may submit– presumably,a province submit could justnames,several or Thirdly, one. leaving seatvacant than the impasse other any approve of provincial the nominees; isthere nomechanism in for Accord settlingthe the is mentioned of the resolutionplaced in a position of inferiority in relation to its eastern neighbour,process Québec. Similarly, nothing in the be with by largesteconomy, would province factthe Ontario, the far themost that populous case that the federal 1/3 million, aguaranteed remainingthe 24 government containing Canada of rest the with inhabitants, ismillion six has only unwillingQuébec that fact the Given to for six. theremaining compete to of Canada rest the andleft court, on the nine seats of out the it three settle. Québec for For example,reserved not did Lake Accord Meech which the process many governments, andmost of to generalthe in public, negativelythe affected provinces. animpliedinequality andrepresented between to unacceptable arrangement this was provinces, BowkerMontgomery, Marjorie. 1990. The MeechLake Accord: What it will mean to you and to Canada Ibid, . pp. 30-31 97 In addition, there are other issues with respect to the Supreme Court appointments Supreme Court the respectto issues with other are there In addition, Secondly, the Accord does makenot Accord Secondly, the it manyclear how nominations anindividual . Furthermore, while. Furthermore, is Supreme the thought of Court anational institution as and a 96 rd . of the seats obviously seems unfair, especially given 58 . CEU eTD Collection preponderance in the Senate whereas others, particularly Western provinces, wanted an equal wantedan Western provinces, particularly whereasothers, intheSenate preponderance keep their wereto determined would provinces veto assome reform have beenhighly divisive aSenate- of provinces, creation veto the on mentioned previously unlike the however reform, Senate over veto gavea that contained every province provisions TheAccord Lake negotiations. Senate Reform governments to their claimsland for andpolitical rights. new nothat meant province likely dueto could be the of created provincial the opposition historical provincial-Native antagonism,were groups justified Native in theirfears thatthis Due to North. inthe Territories the of out their own of of a province creation the aspiredto marginalizing this conflict, hadfurther of provision theeffect population the Native which be not createdwithout consentof the therebyall provinces, potentially sources of eliminating a province would that madeconsent. certain While this undoubtedly to required 7/10provinces forunanimous creation the of consent a new whereas 1982Constitution the province, only Creation of Provinces thought-out, as itwouldinevitably become of a source great discontent in many of parts Canada. well of was not Clearly,document the Accord. than part reason tooppose this enough more oranother actor one which gave all of by it, raised issues were of plethora a veritable and are not yet Provinces. Therefore, the issue of Supreme Court Reform is clearly a contentious one, provisions, Supreme effectively Court excludingthem from thenominating sincethey process In addition, Senate reform was also an issue which created controversy Meech the at controversy created an issuewhich also reform was Senate In addition, by federal the government requiring of The MLAfurther handicappedthe power 59 CEU eTD Collection 1987 Constitutional Accord” in Clive Thomson” (ed.) in Navigating MeechLake: the 1987 Constitutional Accord 99 VoyageurPublishing. Hull, Quebec: 100 1988. Institute of Intergovernmental Relations. Kingston, ON: pp. 14-15 Accord Lake Meech The Visions: Constitutional 98 in Canadian society. of participating had noaspirations of which people a group creating than perhaps rather Canada, immigrants focus the wouldQuébec on naturally to integrate Québec tothe over put government time waslargely a federal responsibility that upuntil society which into immigrants these integrate to ability the received province the of by for reasons, demographic so desiredQuébec government the 5%if time), plus (25% atthe its to ofthe immigration, Canadian guaranteed shareproportion equal population roughly of over immigration which the other provinces, atleast for a time, would not have apower of AccordQuébec The gavethe Province of Québecgovernment. the empowerment Immigration likelynot be any to reformSenate on by agreement envisioned as Meech Lake Accord. the was there issue, the on province any to given veto the with in conjunction others, the to relation provinces wantedanequal of amount andQuébecwantedtomaintainseats, its position in Clearly, Western amount. out of of sameasOntario’s 104, the while Québec’s positions 24 seats maintain to have would implemented was reform whatever that clear it made which Québec, amount of seats for all Leslie, Peter M. “Submission to the Special Joint Committee of the Senate and the House of Commons on the Russell, Peter. “Meech Lake and the Supreme Court” in Katherine Swinton and Carol Rogerson, eds., Competing eds., Rogerson, Carol and Swinton Katherine in Court” Supreme the and Lake “Meech Peter. Russell, BowkerMontgomery, Marjorie. 1990. The MeechLake Accord: What it will mean to you and to Canada Immigration was also another area of the Meech Lake Accord which envisioned the 98 . This issue up by was brought however West, the opposition came from p. 22 100 . 1998. Toronto, ON. Carswell Publishing: Carswell ON. Toronto, 1998. . . This broughtup issues loyalty, of the power as given 60 p. 141 99 . In addition toa . . CEU eTD Collection Stewart. Toronto, ON: p. 156 101 analysis on how the Accord was finally killed and for what specific reason. we will see which Constitutional society, had the of proposed nochance passing. Now, that reform almost package actors were opposed of Canadian sectors from all nearly negative, so drastic and so was outcry the document, single to what partsall ofcreated, the MLA on theirand why, Senatereform,powers the creation andimmigration appointments, of provinces Supreme Court own, a followedstorm of controversy. by society clause, distinct important arethe of most which the Accord, Lake Meech of the contents an However, when the Therefore, federal by was promoted government. that the nationhood sense of anda weaken they were combined into round” characterized asa“provincializing a accomplishments. a thick blanket of security and only emerge when itwas time to inform the general public of their of which decisions outof elites small arrive group would publiceye,behind and secretive the at very by a of rule that the of government: aneworder found legitimated therein unsolved issues series of conferences on endless an of the Constitutionentrenchment further The elite. its and system which political Canadian were the of fabric tothe follow after Meech Lake to iron out the power of executivethe federalism philosophy wasnotonly strong, butvery well entrenched into final the Meech Lakewas be as understood to governmentthe rather thanthegovernmentof people.the of governments federalism Canadian of tendency the of reinforcing a was there spotlight, inthe powers more for The Outcome Cairns, Alan C.1991. Disruptions: Constitutional Struggles from the Charter toMeechLake As a result of the contents of the Meech Lake Accord, which placed Québec’s demands Québec’s which placed Accord, Lake of Meech the contents the of As aresult As a result of all of these factors, the outcome of the Meech Lake Accord can bestbe can Accord Lake theMeech of outcome the factors, these all of of As aresult reductio ad absurdum reductio ad 101 , asitsoughtto significantly thecountry regionalize 61 of this tendency, and proved yet again that the that again yet proved and tendency, this of . McClelland and McClelland . CEU eTD Collection Stewart. Toronto, ON: p. 120 103 Carswell Publishing. Toronto, ON: p. 8 102 andsaw andFreedoms, of Rights Canadian Charter the over struggle during the media attention challenge levelyet policy national learnedat the again. all garner groups how these Indeed, of to effectively andknow-how in to place hadtheinfrastructure in1980s and therefore early the had and organizations duringnegotiations allbeenmobilized Natives, constitutional the original their growing insociety. relevance such civil Theseminorities, women’s cultural as groups, Groups Minority stakeholders. Constitutional certain of neglect for failure wasthe primary reason existence their forget to power-holders of tendency by the threatened constantly being andas asprecarious recognition Constitutional perceivetheir these groups words, in other Canadian society “are not to enjoy equivalent of Constitutional components status” withmulticultural the the founding that peoples;indication be an to taken were and rebuff, a as minorities The emphasis on the terms “founding people” and “distinct society” were no doubt seen by reaffirms certain realities, objectives, and governmental ignoresresponsibilities but others” “selectively MLA the that said be can it Therefore, Canada. of all in opinion public finally and ignored groups, Nativeissues,women’s negotiations Constitutional Canada happy, the acknowledging Québec the satisfy problem and seeking province to that while keeping restof the While is Accord the unbalanced. somewhat symbolic however, asasetof issues; affirmations, Cairns, Alan C.1991. Disruptions: Constitutional Struggles from the Charter toMeechLake Accord Lake Meech The Visions: Constitutional Competing 1988. Rogerson. Carol and Katherine Swinton, As has been demonstrated, the Meech Lake Accord dealt with a variety dealtConstitutional of a variety with LakeAccord Meech the As hasbeendemonstrated, However, the manner in which the Accord was defeated by these groups demonstrated wasdefeated by groups manner Accord inwhich the these the However, Reasons for Failure for Reasons Chapter 8 62 . McClelland and McClelland . 103 . Therefore, a . 102 . CEU eTD Collection University of Toronto Press. Toronto, ON: p. 143 105 p. ON: Toronto, Press. Toronto of University Stewart. Toronto, ON: p. 172 104 minority worse, haddowithgroups to alotslow, agonizing that scholars death. Constitutional minded and emphasis on iswhat created eventuallyQuébec andbetter or for thekilled MLA, country”really aninherentpartof notthe they are myriding that compose –[is] – the Blacks, the McCurdy,minimized. ForNDPMPHoward a message Accord’s the “to third of population the Ukrainians, often the was discipline, party of convention the and system electoral first-past-the-post the Poles, the Italians, of intricacies duetothe impact, whose politics in Canadian force” “third asolid itrepresented … and the varietyorganization hadheld never national poweratthe level,butup until 1993re-aligningthe election of otherleft-wing This (NDP). Party Democratic theNew process: political peoplethe from marginalized who which minorityadded increasedlegitimacy these to groups media tooutlets, and their concerns relayed their concerns weresympathetic to governments Territorial Naturally, consent. aspirations: unanimous their to increased restriction facing an now were they agreeing, provinces ten of out seven on contingent provincehood made which beenblow as insociety Havingalready in1982, dealt thewas thecase groups, a Territories. well-supplied andwell-staffed organizations. Inother directly cases,governments civil supported these found civil society groups alotof supportfor became their well-funded, grievances and raising media awareness. Combined with a growing surgeof innationalism Canada, English political by proceeded issuesgrassroots action: and signingpetitions,politicians onthe pressing victory Charter their previous risk to asa from MLA makingof the the their exclusion 106 Russell, Peter H. 1993. Constitutional Odyssey: CanCanadians become a sovereign people Cairns, Alan C.1991. Disruptions: Constitutional Struggles from the Charter toMeechLake Ibid. , pp. 143-144 These marginalizedThese in groups also found federalparty support a specific was which 63 105 . ? 2 . McClelland and McClelland . nd 106 edition. . The single- The . 104 . They CEU eTD Collection House Publishers. Saskatoon, SK:p.9 Saskatoon, House Publishers. 107 law,in notwithstanding on demanded usethe clause thegeneral the Bourassa whereas consensus and protested nationalists anger: of one was response the Québec, In rights. Charter of violation sign law, which required Clause Notwithstanding all exterior commercial for their MeechLakeAccord. the support withdrawing provinces tothree attributed and wasdirectly radicalizepublic opinion, helpedsigns to to be ininactions of government notwithstandingthe Québec through the overruling the Charter clause French exclusively,politicians by Therefore,publictheir the constituents. outcry followingwhich emerged the inpressure on ofanation shapethrough These constitutional agenda the turn, opinions, was a factorimportant in not, areundeniably themostopinion. or public accurate perceptions, whether reactions in which emerged from Canada the issueEnglish response to of Public Québec. strong the by enabled, even or facilitated, was power of position their that undeniable is it then minorities. women’snortherners relatively comprised society civil of groups, and ethnic powerful and byanactive, organized otherwise being delegitimized risk or stakeholders, these engage and society of nature Canadian multicultural the account into take must debate constitutional by federal forQuébec” presented restructuring opportunities the respond to to Canada wasunable of rest the thanbecause interests organized by a of itbecause as threat was seen avariety more “Meech Lake failed that have agreed Smith, David, Peter MacKinnon and John Courtney. 1991. AfterMeech Lake: Lessons forthe Future This dispute in Québec happened following the Supreme Court’s This in ruling Québec happenedfollowing Court’s dispute theSupreme thatthe Québec Accord, Lake Meech the of success the to obstacle primary a became groups minority If 64 107 . Therefore, any future attempt to re-open the to re-open attemptany future . Therefore, . Fifth CEU eTD Collection Peter MacKinnon and John Courtney. After Meech Lake: Lessons for the Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 110 Saskatoon, SK: p. 24 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 146 109 p. ON: Toronto, Press. Toronto of University 108 mostsweeping in to rights supporters society; its can consequently,be viewedassupporters a of granted which document liberal extremely an is Charter The this. for responsible again yet catch-all statementinclude whichcanalso Public minority is groups. and women’s perception theCharter of from of and Rights supporters Freedoms. This isa Canadacame English-speaking process” root in English-speaking Canada hasmajorconsequencesfor Constitutionalthe reform taking Charter’s howthe ifweappreciate only isexplicable Lakeoutcome “the Meech states, as Cairns Therefore, everywhere. rights to is athreat anywhererights to a threat that was feeling an borrow for itold issue; general ourpurposes, the to becomes sayinganduse aCanadian issue the and dissolve federalism of compartments watertight the stake, at are concerns Charter powers” of division by the judgments external from insulated not butQuébec, a rather issueforConstitutional Canadians: matters,“provincial in rights politics is for was matter justaprivate isnot its It if fully comprehended. significance only understandable ruled lawthat Supreme Court the wasunconstitutional the hearing upon in one the Québec to “equally tribal” as reaction this H.Russell described Peter in speakers Québec; from Canada of criticismEnglish heated and rest from the sparkingthereby clause, notwithstanding the used and pressure nationalist to succumbed Bourassa fonts. smaller amend thelaw, requiring French to be language, predominantthe butstill in allowing English English was Canada hopingone Premier of the theSupreme would that take advice Court’s and Cairns, Alan C. “The Charter, Interest Groups, Executive Federalism and Constitutional Reform” in David Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, Russell, Peter H. 1993. Constitutional Odyssey: CanCanadians Become aSovereign people The reaction in the rest of Canada to the use of the notwithstanding clause is clause notwithstanding useof the the of Canada to intherest The reaction 110 . Therefore, it can alsobe stated that the major source of opposition Meechto Lake in 65 108 . . p. 24 . 1991.Fifth House Publishers. 109 . In other words, when words, other In . ? 2nd ? 2nd edition. CEU eTD Collection amendment. All of this makes it clear that “after Bourassa’s decision to use the notwithstanding use the to decision Bourassa’s “after that makes itclear of All this amendment. andled sign refused by to the from Peckford, over Brian government took a Conservative it after tothe Accord most vocal became of the opponents Wells one underClyde government notwithstandingturned waswhatMLA. clause him the against In Liberal Newfoundland, the the of Québec by use the that stated government, Conservative minority the of head Filmon, said they ifwould the topple government they toratifytried Manitoba theAccord. Premier Gary upon Liberalthe for support; party however, Meech when becamea issue,theLiberals pressing depended government minority a Conservative Manitoba, In Accord. the sign to refused soon leader, FrankMcKenna, its and inNewBrunswick was elected Minister. ALiberal government Prime Canadian Conservative the Mulroney, Brian of popularity the by helped been previously had which ones Conservative replace to began governments Liberal NAFTA, of implementation Riding waveof the stemming from public discontent Meech the and Lake Accord impendingthe be easy. not would ratification that apparent became itsoon Accord, MeechLake the favour Concerns Provincial Bourassa. byPremiernotwithstanding clause Robert opposition theMLAto itsandsupport perceived of Québec following theuse of the why suchstrong it becomes apparent was there therefore and Canada, this wasunacceptable, English In society. afree of climate social shape the to allow State the to hence, and, practices language dictate Assembly to QuébecNational the of empowerment itsmain perceived was fault not ininterfere liberal society government does the where life the individual.the Meech’s of Provincial governments played their part as well. While, at the beginning,most seemed to 66 CEU eTD Collection University of Toronto Press. Toronto, ON: p. 147 p. ON: Toronto, Press. Toronto of University 111 who everybody of welfare the about concern kindly taken has it though provisions, its by hurt be provincial judges,rights which by implication would beagainst Native rights. provincial lists –would ensure in the that highest court country the wouldbe filled with pro- aforementioned issue of proposed the method for selecting appointees Supreme Court – from could educationeasily of Indians”. “the of goal the Interestingly, maintain they that condition the under standards provinces the to be transferred to areNatives not set for the qualitybe of this education,of and it of education allows MLA the example, For peoples. first Canada’s affected negatively have lowerseparateas a society distinct, within MLA many Canada,the proposed which changes would quality of Natives neglect the issueof simple Beyond the continent. of the peoples first are the they that than fact the despite as people, Canada’s Natives afounding to it however denies recognition rights; English and French that recognizes MLA the significantly, most and Firstly, battles. land countless which withinhistorically been opposed, Canada,byprovincial with havehad governments whom they was have why– shouldprovide as clues round’ Natives to the reform asa‘provincializing package currently of the Theprevious characterization Accord. the with concerns had They Accord. serious Lake offered.Native Groups Lastly,its chances of hurt in Canada. success severely English illiberalism perceived theis it MLAfailed:conditions, wasrequired, consent provincial nosurprise the where that its be ratified” would MeechLakeAccord the no that chance wasvirtually there clause, Russell, Peter H. 1993. Constitutional Odyssey: CanCanadians become a sovereign people The Native groups in Canada were perhaps the most celebrated opponents of of Meech the opponents celebrated most inthe perhaps groups Canada were The Native Indeed, it seems that the Accord is oblivious to the fact that the Aboriginal people “will people Aboriginal the factthat the is to Accord oblivious the it seems that Indeed, 67 ? 2 nd edition. 111 . In these In . CEU eTD Collection 116 Stewart. Toronto, ON: p. 172 114 Carswell Publishing. Toronto, ON: p. 11 113 Carswell Publishing. Toronto, ON: p. 11 112 Québec for society” of a “distinct concept vague the equally yetreadily beill-definedaccepted inaConstitution, included to believedit too was they as self-government Native of concept the to opposed been had politicians Western that the Meech Lake Accord. Specifically,minorities and even some people inQuébec,in finalthe itanalysis was Nativesthe whokilled Manitoba NDP MPP Elijah Harper, a Native, knew well resources that builtyour country” country and we have spokesperson for Nishnawbe-ski the lamented that“we Nation, who nations arefirst the of this been left out of Indian” an than other Meechindividual an means Lake. They do notproduced that provisions likethatof 1876Indianthe Actwhich stated that‘the term ‘person’ want us…it is our “habitmind to theperpetuation of a of on communitiestheir andopposed was cultural centered land and aboriginal rights of aboriginal sovereignty” and would have distorted Constitutional acknowledgements of provinces, the MLA would have “diminished Constitutional tolerance for effective expressions addition simplyto ignoring Natives, andgiving away responsibility the for their education to In characteristics. fundamental of one comprisethese not do Natives is the that implication theobvious Canada; of characteristic afundamental articulate to claims which clause, counts” viewreally in its 115 Cohen, Andrew. 1990. A Deal Undone Accord lake Meech The Visions: Constitutional Competing 1988. Rogerson. Carol and Katherine Swinton, Accord Lake Meech The Visions: Constitutional Competing 1988. Rogerson. Carol and Katherine Swinton, Cairns, Alan C.1991. Disruptions: Constitutional Struggles from the Charter toMeechLake Ibid. , p. 11 Although from and vocal wasstrong there groups, women’s opposition provinces, 113 . With this in mind, Natives mobilized into a loose national grouping which grouping national loose a into mobilized Natives mind, in this With . 112 . This obliviousness is best demonstrated by the distinct society distinct by the demonstrated is best This obliviousness . 115 . Douglas & McIntyre Ltd. Toronto, ON: p. 259 . 114 . This anti-MLA sentiment was best captured by a 68 116 . When provincial . When politiciansprovincial told Natives the . McClelland and McClelland . . . CEU eTD Collection University of Toronto Press. Toronto, ON: p. 132 118 p. ON: Toronto, Press. Toronto of University 117 was nolonger a viable option: the people and several provinces had turned against it. 59% believed the MLA was goodAccord would be“a good monthsthing” for Canada;nine it was earlier 31%, andin 1987 afull for Canada public opinion: apoll on March 8 defeated by one Native men veil security were 11 behindsecrecy and of a thick wasapparent: The contradiction won. politician in Manitoba. up he political people:to the and stood defenderbecame in the elite, restof the of Canada he the It was clear that his action reflected Canadian the decision to postpone Native negotiations was a primary reason for his decision that andstated Accord, the who opposed among those hero became national a instantly MLA. He the killing effectively legislature, Manitoba in the amendment the of discussion the on motion a to “wait” for another Constitutional round, it was the last straw, and Elijah Harper voted to block Cohen, Andrew. 1990. A Deal Undone Russell, Peter H. 1993. Constitutional Odyssey: CanCanadians become a sovereign people While Elijah Harper was viewed in the Native community as a defender of Native rights, th . Douglas & McIntyre Ltd. Toronto, ON: pp. 221-222 , 1990 reported that only 24% of thatonly the Canadians thought that 1990 reported 24% of , 118 69 . Clearly,had Accord runits the and course it ? 2 nd 117 edition. . CEU eTD Collection University of Toronto Press. Toronto, ON: p. 155 p. ON: Toronto, Press. Toronto of University 119 both to acceptable would groups placate viewedbe typeonly these of whichis as some way two to amendment the that and unit single a as country the of existence continued the to a threat pose regionalism, equivalent, Canadian English its Québec nationalism and that Russell’s assessment Peter regionalist party and used as its slogan “The West Wants In”. Consequently, Itend agreeto with was a highly group –unsurprisingly, this for adecentralization federation argued the of and emerged of Canada Party Reform Meech the Lake, to successor Accords, the Charlottetown country. for failure the the of Following talksthe consequences unforeseen have could constitutional of round failed another and discontent political on thrive they small, are groups Although first priority. Canadathese from asa separation with independence-minded parties formation the hasledof of to country the in certain parts growing regionalism Canada whereas secede from to andable isit willing ready, that demonstrated has already nationalism Québec hand, other the On federation. Canadian the splitting up end day one could forces two these that likely seem not does it Accord, the destroying in eventually factors crucial were nationalism course, nodealisthat possibleifany one of movements arefar;these competing but pushedtoo of this isitmust beunderstood outcome, nationalism.For asuccessful Canadian regional and alienation easier self-empowerment, aboriginal nationalism, Québec of forces opposing frequently the account said than done. While aboriginal self-empowerment and Canadian Russell, Peter H. 1993. Constitutional Odyssey: CanCanadians become a sovereign people It seems clear thatanyfuture successful Constitutional must amendment take into 119 . After Meech Lake: What’s Next? Chapter 9 70 ? 2 nd edition. CEU eTD Collection Saskatoon, SK: p. 15 Future the for Lessons Lake: Meech After Courtney. John and MacKinnon Peter 121 120 and just groups howdeeply expose divided interest further and mobilize coulddebate radicalize ordinarygive not did and society citizens Canadian of portions large of exclusion the on brought which federalism a voice in the process. of includeexecutive these the mentioned, practice methodsAs of negotiation.already current But what is the alternative? An entirely debate. open public explains today’s why politiciansfrom eager tostay are constitutional away re-opening the atsuccess amendment’s a future Constitutional give achance leastto created to manyleaveso implieswould“new liketo behind”, which would a that order” be firsthaveto that order old the discredited of resilience the “to astestaments mid-eighties the of conferences Charter of 1971, Bill C-60 of latethe 1970s and the four unsuccessful aboriginal Constitutional failure the points to of Fulton-Favreauthe amending formulamid-1960s,thethe Victoria of theirinevitable conspiring failures – asfactors future any positive against outcomes.he Namely, –and reforms Constitutional Canadian of history to the viewandpoint more pessimistic a take Cairns Alan as such authors divisions, these overcome to way is a there that assumes viewpoint and hope all then that Québec, provinces,the hand Ottawa. except back the powers to While this Constitutional differences is massive all be provincesthe that given federal powerstemporarily is possible Accord no issues that these on is reached consensus ageneral until that and about, all are amendments Constitutional and federalism views of what conflicting two was clash of the MeechLakeAccord the ruined Cairns, Alan C. “The Charter, Interest Groups, Executive Federalism and Constitutional Reform” in David Smith, David in Reform” Constitutional and Federalism Executive Groups, Interest Charter, “The C. Alan Cairns, Amber Forever 1990. Thomas. Courchene, Thomas Courchene blames differing conceptions of the country. He believes that what But what could this “new order” comprise? Clearly, it can only be a departure from comprise? “new it be whatcouldClearly,can But this order” only a departure 120 . Similarly, he holds that the best solution to Canada’s . Queen’s University Press. Kingston, ON: p. 41 71 . 1991.Fifth House Publishers. 121 . Perhaps this CEU eTD Collection John Courtney eds., After Meech Lake: Lessons for the Future 122 and provinces English the with meeting government federal the with held be should conferences However, whentheissue of Québec would come up,Ledermansuggestssub- two that aboriginal representatives on each one formed and with extensive publicconsultations time around. measure of momentuma be still left would there then down, overif voted down: or up from amendment the vote the to legislatures original process to attempt and get it for be longer given should a fewmonths than Once no adealisreached, right bills are unworkable. the second understanding.A lesson key is pastthe of thatlong legislatures graceperiods adopt for to the maintainbetween but competingthe focus someform sides astrong on mutual arriving at of forAs their position.inthe the role federal past, should of the be tomoderate government momentum for more pressingissues and valuable would give key actors experience in pushing build found. mustin: be serveto would workof the ground comes This a common politics manner to politicians.the Of course, variety the of opinion bewould staggering. This is where bethen molded bysome sort of independent, non-partisan panel inand bepresented an open contentious ones. appearswisest It include to the public in debates, whose opinionsthese would least the with starting basis, anissue-by-issue on disputes solve to mechanism a institutionalize Suggestions forthe Future muchis consent requiredfrom many too What,groups. disparate then,be could asolution? too that and with, deal to much too is simply there that seems It is. really society civil Canadian Lederman, W.R. “Charter Influences on Future Constitutional Reform” in David E. Smith, Peter MacKinnon and MacKinnon Peter Smith, E. David in Reform” Constitutional Future on Influences “Charter W.R. Lederman, I propose an overhaul of the Constitutional negotiating system which would which system negotiating Constitutional the of overhaul an propose I This position agrees with suggestionsLederman’s of regionally-based commissions, with 72 . 1991. FifthHouse Publishers. Saskatoon, SK: p. 116 122 . CEU eTD Collection 125 Future the for Lessons Lake: Meech After eds., 124 Stewart. Toronto, ON: p. 182 123 itin a longerremains no belegitimately argued that society, every it of and can Québec aspect modernization of institutions Québec’s had runits as course” largely Quietthe in Revolution itssucceeded main the objective: fervour nationalist aroused had that transformation social “the province, this In itself. nationalism is nationalism decreasing of cause second the in Québec interestingly, But, period. current national post-1995referendumthe fatigue a halt whicheffectively debates up until the to put country collapse of the MLA in 1990, that a majority of Canadians were concerned for the survival the of the following showed, Polls Charlottetown. and Lake Meech of amendments Constitutional failed the dueto was increase such last The events. political of as aresult increase usually been neither must be ignored,view the political isimmenselyworld forconsequential political anddevelopment” therefore and the general populationinfluencing should in the notfirst Accord’sbe treatedplace. asAs Cairnsit hasfate, previouslyandmorelikely opinion,is not willinevitably tofail. than decide on the therefore which Public writes, can“the waynot in which method of public excluding debate the re-enforces already-tested rather but federalism,executive be citizensexpected and elitesa departureiron from adeal. this isnot separately in of out course, an tradition attempt the Of tocome favourto Frenchthe speaking including province(s)in NewBrunswicknegotiations) (possibly both a proposal which it was denied a chance of Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism Martin, Robert, “The Charter and the Crisis in Canada” in David E. Smith, Peter MacKinnon and John Courtney Cairns, Alan C.1991. Disruptions: Constitutional Struggles from the Charter toMeechLake 123 . The dotime this would to benow.Periods of Québec nationalism are highly cyclical, and 124 . Currently, nationalism is. Currently,nationalism in and in decline Québec restof the Canada– a product of . 1991.Fifth House Publishers. Saskatoon, SK: p.121 125 . French is now the dominantlanguage in virtually 73 . McClelland and Stewart. Toronto, ON: p. 17 . McClelland and McClelland . CEU eTD Collection mentality of Canada’s leaders placed the country in a position where many issues left in wheremany leaders the were mentality a position placed country Canada’s of colonial The marginalized. more undoubtedly are they addition, In vice-versa. and French the arefrom as English the societies respective from their out, more spread though isolated, and the French – today there are at least three, and potentiallyway in faith inrestoring system the which was lost during the Trudeauandmany Mulroney years. more. Natives are aservice country havepoliticianshave along tothe andgone of wouldCanada will completed just as happens, equally. the if this When and provincestreated are other the Québec feels secure,and that so provinces remaining the them onto project andto claims these accommodate be to should then, country, the of rest the of goal The ignored. be not can they result, a As needs. their meet not did felt they which amendment constitutional a kill eventually and block to willingness However,make this doesnot These less them important. demonstrated any theirgroups Canada. from secede to choose and region own their out carve not can They not. do minorities, Canada such notwithstanding. Québec hasthisoption, groups, whereas as andother Natives another, way or one and will this occur, that America, North of Anglophone context safe inthe hasbeen independence, tried andfailed onboth twice occasions. alternative, The issue. nationalist the settle should which amendment constitutional thisbe would once and to for all confirm province’sthe placewithin through Canada signinga politics –itseems a good in since the onsetof way 1970s separationist the logical to reverse that in been has Québec which slump economic continuous is the language this to threat ongoing critical position in North America, although some alarmists still do. Furthermore, the only actual, While historically it was said that Canada was comprised of “two solitudes” – the English feels get toaplacemust equal and be whereitIt isdeterminedto Québec recognizedthat 74 CEU eTD Collection all all religious andnational, ethnic, linguistic barriers. findbe become ableto the security to within with strong national acountry cutting alongpride unsolved. These issuescould andshouldbe once resolved forand all, only and then will Canada 75 CEU eTD Collection Cohen, Andrew.A 1990. Deal Undone Forever Amber Guy. Poltical AndréLaforest, the “Interpreting in of Courchene, Heritage Thomas Laurendeau” Cook, Ramsay. 1986. Canada, Quebec, and the uses of Nationalism 16, 2007. accessed onWednesday, May http://www.dgeq.qc.ca/fr/tableaux/Referendum_1995_8481.asp, Le Directeur général électionsdes duQuébec, “Référendum du 30 octobre 1995” retrievedfrom Publishers: Saskatoon,SK. House MacKinnon and John Courtney (eds.), After Meech Lake: Lessons for the Future Lederman, W.R. “Charter Influences on Future Constitutional Reform” in David E. Smith, Peter 1989.Meech Ingle, Lorne. Lake Reconsidered ON. Gougeon, Gilles. 1994. A History of Quebec Nationalism Courchene, Thomas. 1990.Forever Amber ON. Toronto, Future in David Smith, Peter MacKinnon and John Courtney. After Meech Lake: Lessons for the Cairns, Alan C. “The Charter, Interest Groups, Executive Federalism and Constitutional Reform” McClelland and Stewart: Toronto, ON. Canada Bowker Montgomery, Marjorie. 1990. The Meech Lake Accord: Whatit will mean to you and to ON. Kingston, Press: Blakeney,Allen E. “Commentary” in Thomas Courchene, Forever Amber ON. Toronto, Ltd: Bergeron, Léandre. 1975. The History of Quebec: A Patriote’s Handbook Fiske, John.1919.The American Revolution Cairns, Alan C. 1991.Disruptions: Constitutional Struggles from Charterthe to Meech Lake . 1991.Fifth Publishers:House SK. Saskatoon, . Voyageur Publishing: Hull, QC. . Queen’s University Press: Kingston, ON. . Douglas &McIntyre Ltd: Toronto, ON. Bibliography . Queen’s University Press: Kingston, ON. . Houghton Mifflin Company: Boston, MA. . Voyageur Publishing: Hull, QC. 76 . James Lorimer Publishers: Toronto, Publishers: Lorimer James . . McClelland and Stewart: . New Canada Press . Queen’s University . 1991. Fifth . CEU eTD Collection Thomas Courchene, Forever Amber Forever Courchene, Thomas Smith, Jennifer. “Conflicting Views of the Constitution and of Constitutional Reform” in Russell, Peter H. 1993. Constitutional Odyssey: Can Canadians Become a Sovereign people Revolution and its Failure Lake Accord KatherineSwinton, and 1988.Competing Carol Rogerson. Constitutional TheVisions: Meech Future Smith, David, Peter MacKinnon and John Courtney. 1991. After Meech Lake: Lessons for the Press: Toronto, ON. Smith, 1999.Republican David. Option inPastand Canada, Present ON. Toronto, Accord Meech The Lake Visions: Constitutional Competing (eds.), Russell, Peter. “Meech Lake and the Supreme Court” in Katherine Swinton and Carol Rogerson, edition. University of Toronto Press: Toronto, ON. Deutsch Rubin, Barry. 1974. Kontinent: The Alternative Voice of Russia and Eastern Europe Voices from Quebec (eds.), Pilon, Jean-Guy. 1997. “Quebec and the French Fact” in Philip Stratford and Michael Thomas, New, Chester.1929. Lord Durham University Press: Hamilton, ON. New, Chester.1939. Lord Durham and the British Backgroundof his Report Saskatoon, SK. John Courtney eds., After Meech Lake: Lessons for the Future Martin, Robert, “The Charter and the Crisis in Canada” in David E. Smith, Peter MacKinnon and Press: Toronto, ON. Martin, Chester. 1939. Lord Durham’s Report and its Consequences Linteau, Paul-André.Quebec 1991. since 1930 1987Constitutionalthe Accord Commons on 1987Constitutionalthe inAccord” Clive (ed.)Navigating Thomson Meech Lake: Leslie, Peter M. “Submission to the Special Joint Committee of the Senate and the House of Theller,Edward. 1841. Canada in 1837-38: Showing the Causes of LateAttemptedthe . Fifth House Publishers: Saskatoon, SK. : London, UK. . Carswell ON. Publishing: Toronto, . HF Anners: Philadelphia, PA. . Van Nostrand Reinhold: Toronto, ON. . 1988. Institute of Intergovernmental Relations: Kingston, ON. . Clarendon Press: Oxford, UK. . Queen’s University Press: Kingston, ON. . James Lorimer & Company: Toronto, ON. 77 . 1991. Fifth Publishers:House . 1998. Carswell Publishing: . University of Toronto . University of Toronto . McMaster . . André ? 2 nd