Economic Consequences of Constitutional Uncertainty: Evidence
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The Meaning of Canadian Federalism in Québec: Critical Reflections
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Revistes Catalanes amb Accés Obert The Meaning of Canadian federalisM in QuébeC: CriTiCal refleCTions guy laforest Professor of Political Science at the Laval University, Québec SUMMARY: 1. Introdution. – 2. Interpretive context. – 3. Contemporary trends and scholarship, critical reflections. – Conclusion. – Bibliography. – Abstract-Resum-Re- sumen. 1. Introduction As a teacher, in my instructions to students as they prepare their term papers, I often remind them that they should never abdicate their judgment to the authority of one single source. In the worst of circum- stances, it is much better to articulate one’s own ideas and convictions than to surrender to one single book or article. In the same spirit, I would urge readers not to rely solely on my pronouncements about the meaning of federalism in Québec. In truth, the title of this essay should include a question mark, and its content will illustrate, I hope, the richness and diversity of current Québec thinking on the subject. There are many ways as well to approach the topic at hand. The path I shall choose will reflect my academic identity: I am a political theorist and an intellectual historian, keenly interested about the relationship between philosophy and constitutional law in Canada, hidden in a political science department. As a reader of Gadamer and a former student of Charles Taylor, I shall start with some interpretive or herme- neutical precautions. Beyond the undeniable relevance of current re- flections about the theory of federalism in its most general aspects, the real question of this essay deals with the contemporary meaning of Canadian federalism in Québec. -
The 1992 Charlottetown Accord & Referendum
CANADA’S 1992 CHARLOTTETOWN CONSTITUTIONAL ACCORD: TESTING THE LIMITS OF ASYMMETRICAL FEDERALISM By Michael d. Behiels Department of History University of Ottawa Abstract.-Canada‘s 1992 Charlottetown Constitutional Accord represented a dramatic attempt to transform the Canadian federation which is based on formal symmetry, albeit with a limited recognition of some asymmetry, into an asymmetrical federal constitution recognizing Canada‘s three nations, French, British, and Aboriginal. Canadians were called up to embrace multinational federalism, one comprising both stateless and state-based nations exercising self-governance in a multilayered, highly asymmetrical federal system. This paper explores why a majority of Canadians, for a wide variety of very complex reasons, opted in the first-ever constitutional referendum in October 1992 to retain their existing federal system. This paper argues that the rejection of a formalized asymmetrical federation based on the theory of multinational federalism, while contributing to the severe political crisis that fueled the 1995 referendum on Quebec secession, marked the moment when Canadians finally became a fully sovereign people. Palacio de la Aljafería – Calle de los Diputados, s/n– 50004 ZARAGOZA Teléfono 976 28 97 15 - Fax 976 28 96 65 [email protected] INTRODUCTION The Charlottetown Consensus Report, rejected in a landmark constitutional referendum on 26 October 1992, entailed a profound clash between competing models of federalism: symmetrical versus asymmetrical, and bi-national versus multinational. (Cook, 1994, Appendix, 225-249) The Meech Lake Constitutional Accord, 1987-90, pitted two conceptions of a bi-national -- French-Canada and English Canada – federalism against one another. The established conception entailing a pan-Canadian French-English duality was challenged and overtaken by a territorial Quebec/Canada conception of duality. -
Analyzing the Parallelism Between the Rise and Fall of Baseball in Quebec and the Quebec Secession Movement Daniel S
Union College Union | Digital Works Honors Theses Student Work 6-2011 Analyzing the Parallelism between the Rise and Fall of Baseball in Quebec and the Quebec Secession Movement Daniel S. Greene Union College - Schenectady, NY Follow this and additional works at: https://digitalworks.union.edu/theses Part of the Canadian History Commons, and the Sports Studies Commons Recommended Citation Greene, Daniel S., "Analyzing the Parallelism between the Rise and Fall of Baseball in Quebec and the Quebec Secession Movement" (2011). Honors Theses. 988. https://digitalworks.union.edu/theses/988 This Open Access is brought to you for free and open access by the Student Work at Union | Digital Works. It has been accepted for inclusion in Honors Theses by an authorized administrator of Union | Digital Works. For more information, please contact [email protected]. Analyzing the Parallelism between the Rise and Fall of Baseball in Quebec and the Quebec Secession Movement By Daniel Greene Senior Project Submitted in Partial Fulfillment of the Requirements for Graduation Department of History Union College June, 2011 i Greene, Daniel Analyzing the Parallelism between the Rise and Fall of Baseball in Quebec and the Quebec Secession Movement My Senior Project examines the parallelism between the movement to bring baseball to Quebec and the Quebec secession movement in Canada. Through my research I have found that both entities follow a very similar timeline with highs and lows coming around the same time in the same province; although, I have not found any direct linkage between the two. My analysis begins around 1837 and continues through present day, and by analyzing the histories of each movement demonstrates clearly that both movements followed a unique and similar timeline. -
Constitutional Workarounds: Senate Reform and Other Examples
CONSTITUTIONAL WORKAROUNDS: SENATE REFORM AND OTHER EXAMPLES Robert E Hawkins* The process for amending Canada’s constitution is complex and difficult. As a result, “back door” routes for realizing change of a constitutional nature have been adopted. These “workarounds” include “formula shopping,” where amendment procedures requiring a lesser measure of provincial consent are adopted; ordinary legislation, where no provincial consent is sought at all; and hortatory declarations, where mere statements purport to define a government’s position with respect to particular constitutional issues. Workarounds in areas such as Senate reform, fixed date election laws, secession and clarity acts, and regional vetoes, along with declarations dealing with special status for Quebec, the federal spending power, and prorogation of Parliament, will be examined. Key to the constitutional validity of these workarounds is whether they bind the actions of relevant political actors, as opposed to being merely advisory or consultative. At stake is the interplay between two fundamental constitutional values: flexibility, which permits the constitution to adapt to changing societal realities; and federalism, which requires a meaningful degree of provincial consent for significant constitutional change. Il est difficile et complexe d’amender la constitution canadienne. C’est pourquoi, les modifications de nature constitutionnelle sont souvent effectuées par des moyens indirects. Ces “tactiques d’évitement” des difficultés constitutionnelles comprennent l’utilisation stratégique de procédures d’amendement qui requièrent un niveau d’appui provincial moindre; l’adoption de lois ordinaires, qui ne requièrent aucun appui provincial; et l’adoption par le Parlement de textes de nature déclaratoire, en vertu desquels le gouvernement tente de se positionner par rapport à un enjeu constitutionnel donné. -
Federalism-E
FEDERALISM-E volume 10: 2009 ~Le journal de premier cycle sur le fédéralisme~ ~The undergraduate journal about federalism~ Royal Military College of Canada / Collège militaire royale du Canada In conjunction with / En collaboration avec Queen‘s University EDITORAL BOARD / COMITÉ D‘ÉDITION Juliana Trichilo Cina Alexandre Brassard Victoria Edwards Anonymous Others Victoria Kayser ADVISORY BOARD / CHAIRE DE SUPERVISION Christian Leuprecht Assistant Professor, Royal Military College of Canada / Professeur adjoint, Collège miliaire royale du Canada CHIEF EDITORS / ÉDITEURS EN CHEF Nick Deshpande Officer Cadet, Royal Military College of Canada Donovan Huppé Élève Officier, Collège militaire royale du Canada The authors retain the copyright for Les auteurs conservent le droit their work. d'auteur pour leur travail. INTERNET ACCESS / ACCÈS INTERNET This volume and previous volumes of Le présent et les précédents volumes Federalism-E are available online at: de Fédéralisme-E sont disponibles en ligne à: http://www.federalism-e.com/ FEDERALISM-E VOLUME 10 APRIL 2009 EDITORS NICHOLAS DESHPANDE 24122 O FFICER CADET , R O Y AL M I L I T AR Y C O L L E G E O F C ANADA DONOVAN HUPPÉ 24168 É LÈVE OFFICIER , C OLLÈGE MILITAIRE R O Y A L D U C A NADA C ONTENTS Intergovernmental Relations‘ Third Wheel: The Role of the Supreme Court in an Era of Collaborative Federalism 1 ALLISON O‘BEIRNE Constitutional Accords and National Discord: The Impact of Constitutional Reform on Canadian Unity 16 ERIC SNOW Striving to Maintain a Holistic Nation: Preventing Quebec -
Les Référendums Au Québec : Bibliographie
MICHEL LÉVESQUE MARTIN PELLETIER BIBLIOTHÈQUE DE L’ASSEMBLÉE NATIONALE DU QUÉBEC LES RÉFÉRENDUMS AU QUÉBEC : BIBLIOGRAPHIE Michel Lévesque Martin Pelletier Bibliothèque de l’Assemblée nationale du Québec Juillet 2005 Table des matières Présentation …………………………………………………………………………………….………………...p. 5 Études générales ……………………………………………………………………………………………….. p. 7 Le référendum du 10 avril 1919 ……………………………………………………………………………..…p. 9 Bulletin de vote …………………………………………………………………………………..…….. p. 10 Synopsis des résultats et des dépenses …………………………………………………………….. p. 10 Études générales …………………………………………………………………………………...….. p. 11 Le référendum du 20 mai 1980 ……………………………………………………………………………..… p. 13 Bulletin de vote ………………………………………………………………………………………… p. 14 Synopsis des résultats et des dépenses ………………………………………………………..…… p. 15 Ouvrages de référence ……………………………………………………………………………...… p. 16 Études générales …………………………………………………………………………………...…. p. 17 Le référendum du 26 octobre 1992 ………………………………………………………………………….. p. 29 Bulletin de vote ………………………………………………………………………………………. p. 30 Synopsis des résultats et des dépenses …………………………………………………………….. p. 31 Ouvrages de référence ……………………………………………………………………………...… p. 32 Documents officiels ………………………………………………………………………………...….. p. 32 Documents publiés par le Comité du Non ...…………………………………………………………. p. 34 Études générales …………………………………………………………………………………….… p. 34 Le référendum du 30 octobre 1995 ………………………………………………………………………..… p. 49 Bulletin de vote ………………………………………………………………………………………… p. 50 Synopsis des résultats et des dépenses …………………………………………………………..… -
Schools, Signs, and Separation: Quebec Anglophones, Canadian Constitutional Politics, and International Language Rights
Denver Journal of International Law & Policy Volume 27 Number 3 Summer Article 4 May 2020 Schools, Signs, and Separation: Quebec Anglophones, Canadian Constitutional Politics, and International Language Rights William Green Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation William Green, Schools, Signs, and Separation: Quebec Anglophones, Canadian Constitutional Politics, and International Language Rights, 27 Denv. J. Int'l L. & Pol'y 449 (1999). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. SCHOOLS, SIGNS, AND SEPARATION: QUEBEC ANGLOPHONES, CANADIAN CONSTITUTIONAL POLITICS, AND INTERNATIONAL LANGUAGE RIGHTS WILLIAM GREEN* I. INTRODUCTION Contemporary Canadian politics has been defined by Quebec's vi- sion of the province as a linguistically distinct society and by its 1980 and 1995 sovereignty referendums.' Quebec's rejection of Canada as a bilingual nation, embodied in the 1982 Charter of Rights and Free- doms, 2 and Canada's obsession with keeping Quebec in Canada have, however, left unexamined the impact of the province's language policies on its anglophone minority. In Quebec, the enactment of the Charter of the French Language 3 and the government's promotion of a French cul- ture have intruded upon the Canadian Charter freedom of its anglo- phones to conduct their business in English and their Canadian Char- ter right to have their children educated in English.4 In response, the * William Green, Professor of Government, Morehead State University; J.D., University of Kentucky, 1984; Ph.D., State University of New York at Buffalo, 1977; and M.A. -
Bitterness from the 1995 Quebec Referendum Is Still Rife Today. That Should Be a Lesson to Us All
For the sake of Scotland, don’t be a bad loser Michael Ignatieff Last updated at 12:01AM, September 17 2014 Bitterness from the 1995 Quebec referendum is still rife today. That should be a lesson to us all If the Scottish referendum result is close, the aftermath is bound to be divisive. If the Ayes have it, the Noes will deny that Alex Salmond has the mandate to negotiate independence. One can only hope that wisdom will prevail in Westminster and that unionists will accept that a Yes victory, even a razor-thin one, does give Mr Salmond the right to begin negotiating separation. In a democracy, there is no other way. If the Noes prevail and the bright hope of independence is snatched away from Scots at the last moment, bitter supporters of the Yes campaign may start looking for someone to blame. The most recent polls suggest where they might lay the blame. While Scottish-born voters are split down the middle, those residents of Scotland who were born outside Scotland, either in the rest of the UK or abroad, are trending towards voting “no”. In the aftermath of defeat the Scottish-born may be tempted to blame the non-Scottish-born for betraying their dreams. This is a temptation that Mr Salmond must rise above. Referendums, even ones as generally civil and good-tempered as this one, leave bitterness in their wake, and it is the job of good politicians to figure out how to put divided families and friends back together again. Canadians who remember our referendum ordeal know just how divisive the aftermath can be. -
Let the Future Begin
Let The Future Begin Jean Charest’s Plan for Canada’s Next Century Table of Contents page Introduction - Jean Charest, MP ACHIEVING CANADA’S TRUE POTENTIAL 1-2 1. Jobs and Prosperity for Canadians 3-12 Giving Canada More Jobs and a Brighter Future 3 Where are the Jobs? 3 Understanding the New Global Economy 3 Removing Barriers to Job Creation 4 Lowering Personal Tax Rates 5 Breaking Down Inter-Provincial Trade Barriers 5-7 Expanding Our International Trade 9 Helping Small Business 10 Access to Capital 10-11 Improving Worker Protection 11 Investing in People 12 2. Protecting our Social Safety Net 13-22 Guaranteed Funding for Canada’s Future Needs 13-14 A Clear Target 14 Getting Our House in Order 14-15 Setting Clear Spending Priorities 15 Making the Tough Decisions 16-18 Protecting Taxpayers 18-19 Protecting Your Retirement 19 Preserving the CPP 19-20 We Don’t Need Another Massive Tax Hike 20 There is A Better Solution 20-21 Smarter Investments 21 Improving RRSPs 21-22 3. The Canadian Advantage 23-36 The Best Quality of Life in the World 23 Health Care—The Federal Betrayal 23-24 The Liberals Plan More Health Cuts 24 The Jean Charest Guarantee—Highest Quality Health Care 25 Securing Health Care into the Future 25-26 The Highest Quality Health Care 26-27 Health Care for the Future—Smarter Spending and Reinvestment 27-28 Succeeding in the Knowledge Economy 28-29 Basic Learning 29-30 Wired for Success 30-31 page Computer Literacy 31-32 Advanced Learning, Research and Technology 32 Well Trained Workers 32-33 A Youth Strategy 33-34 Safe Communities 34 A Tough But Realistic Approach 34-35 Safer Streets 35-36 4. -
The Quebec Referendums RESEARCH PAPER 13/47 25 July 2013
The Quebec referendums RESEARCH PAPER 13/47 25 July 2013 After a turbulent and violent history, relations between English-speaking and French- speaking Canadians remained difficult in the 20th century. In 1976, with the election to power of the Parti Québécois in the province, Quebec set in motion a process for an independence referendum. This first referendum, held in 1980, failed by a relatively wide margin. After generally unsuccessful attempts to amend the constitution, a second referendum was arranged for 1995. The wording of the question, set only by the Quebec government, was highly controversial. There were heated debates about what an independent Quebec’s relations with the rest of Canada would be, about currencies and about future membership of international organisations. In the event, the referendum failed by the narrowest of margins. After the rejection, the Canadian Supreme Court made rulings on the role of the rest of Canada and the clarity of the question in any future referendum. This paper gives a brief outline of separatism in Quebec, showing that many of the arguments in Canada are already being echoed in the debate about Scotland’s future relationship with the rest of the UK. Ben Smith Recent Research Papers 13/37 Pensions Bill [Bill 6 of 2013-14] 12.06.13 13/38 Northern Ireland (Miscellaneous Provisions) Bill[Bill 9 of 2013-14] 17.06.13 13/39 Comparison of the planning systems in the four UK countries 19.06.13 13/40 Financial Services (Banking Reform) Bill: Committee Stage Report 25.06.13 13/41 European Union (Referendum) Bill [Bill 11 of 2013-14] 28.06.13 13/42 Leaving the EU 01.07.13 13/43 Economic Indicators, July 2013 02.07.13 13/44 High Cost Credit Bill [Bill 12 of 2013-14] 10.07.13 13/45 Defence Reform Bill [Bill 84 of 2013-14] 11.07.13 13/46 Unemployment by constituency, July 2013 17.07.13 Research Paper 13/47 This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. -
Can the Canadians Be a Sovereign People? the Question Revisited
C H A P T E R 1 Can the Canadians Be a Sovereign People? The Question Revisited Peter H. Russell In 1991 I published an article entitled “Can the Canadians Be a Sovereign People?”1 The article was my presidential address to the Canadian Political Science Association. Subsequently this question (with the verb “be” changed to “become”) became the subtitle of Constitutional Odyssey, a book-length account of Canada’s constitutional politics.2 Though my question angered some and puzzled others, and after another decade of constitutional politics I still do not have a firm answer to it, I continue to think that asking it is a good way to explore the most profound difference between Canadian and Ameri- can constitutionalism. The question also illuminates the tension in Canadian constitutional politics between the way a generation of Canadians wished to resolve their constitutional differences and the kind of resolution that suits their present circumstances. What Does the Question Mean? In raising this question, I did not mean to impugn Canada’s claim to being a sovereign state. The claim of the governments of Canada to having a monopoly of legitimate force over Canadian territory is as good as that of other members of the United Nations. And as a country that is either one of the world’s strongest middle powers or one of its lesser great powers, this claim is more than legal bravado. Still, as Stephen Clarkson and other Canadian political econo- mists continue to show us,3 given Canada’s tight fastening to the American eco- nomic orbit, this formal sovereignty should not be equated with policy inde- pendence—especially in the economic realm. -
Searching for a National Unity Peace, from Meech Lake to the Clarity Bill
Searching for a National Unity Peace, from Meech Lake to the Clarity Bill Edward Butcher Department of Political Science McGill University, Montreal June 2003 A thesis submitted to McGill University in partial fulfillment of the requirements of the degree of Master of Arts Edward Butcher 2003 Abstract For much of the last twenty years, political leaders and academics have assumed that the survival of Canada depends on constitutional reform, and never more so than in the wake of the 1995 Quebec referendum. This thesis updates the literature by explaining the remarkable story of the last several years: the achievement of a national unity peace in the absence of constitutional reform. The explanation centres on the post-referendum shift in federal strategy from constitutional reform to Plan B, a strategy based on the rules of secession that has its origins, it is argued, in the Reform Party's response to Mulroney- era constitutional reform. The thesis concludes that Plan B was a successful national unity strategy because it made secession seem risky and undesirable, but also because the strategy - unlike constitutional reform - was based on widespread national support and on the viability of the constitutional status quo. n Resume Depuis la plus grande partie des vingt dernieres annees, les politiciens et les universitaires supposent que la survie du Canada depende de la reforme constitutionnelle, et jamais plus ainsi qu'a la suite du referendum de 1995 au Quebec. Cette these met a jour la litterature en expliquant l'histoire remarquable des dernieres annees: l'accomplissement de la paix d'unite nationale sans reforme constitutionnelle.