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How the Silent Revolution Redefined Marriage in Canada, Historical Perspectives: Santa Clara University Undergraduate Journal of History, Series II Volume 20 Article 11 2015 How the Silent Revolution Redefined aM rriage in Canada Carlos Andrés Castro Follow this and additional works at: http://scholarcommons.scu.edu/historical-perspectives Part of the History Commons Recommended Citation Castro, Carlos Andrés (2015) "How the Silent Revolution Redefined Marriage in Canada," Historical Perspectives: Santa Clara University Undergraduate Journal of History, Series II: Vol. 20 , Article 11. Available at: http://scholarcommons.scu.edu/historical-perspectives/vol20/iss1/11 This Article is brought to you for free and open access by the Journals at Scholar Commons. It has been accepted for inclusion in Historical Perspectives: Santa Clara University Undergraduate Journal of History, Series II by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Castro: How the Silent Revolution Redefined Marriage in Canada Silent Revolution 125 126 Historical Perspectives September 2015 How the Silent Revolution Redefined French speakers in the past. Only eight years prior, the British had expelled “thousands of French subjects Marriage in Canada from their farms” from Nova Scotia and “scattered them throughout the American colonies and beyond.”4 Carlos Andrés Castro According to Charles Yorke, the Attorney and Solicitor General in Quebec at the time, in a letter written to the Introduction Committee of Council for Plantation affairs, When Great Britain defeated France in the Seven Years' War in 1763, it acquired Quebec—a colony “The second and great source of disorders was inhabited by people of French descent and nearly three the Alarm taken at the Construction upon his times1 the geographical size of France. Quebec would Majesty's Proclamation of Oct. 7th 1763. As if it eventually become “the largest province in Canada, as were his Royal Intentions by his Judges and well as the second most populous.”2 After ousting the Officers in that Country, at once to abolish all French authority, the British parliament attempted to the usages and Customs of Canada, with the regulate their newly acquired subjects in the method rough hand of a Conqueror rather than with the they had become accustomed to. The imperial strategy true Spirit of a Lawful Sovereign, and not so to accommodate and integrate French Catholics into much to extend the protection and Benefit of the rest of English Protestant Canada by the British his English Laws to His new subjects, by secur- parliament was initially based on the Irish model.3 In ing their Lives, Liberty's and [propertys] with this model, Catholics were forced to convert to Protes- more certainty than in former times, as to tantism if they wanted to own land and hold other civil impose new, unnecessary and arbitrary Rules, rights. When the British parliament ruled to uniformly especially in the Titles to Land, and in the impose British law in Canada in 1763, it created modes of Descent, Alienation and Settlement, considerable civil unrest amongst French-speaking which tend to confound and subvert rights, subjects. The British had shown hostility towards instead of supporting them.”5 Implementing British law in Quebec proved to be a 1 Rachel Klein. "Québec at a Glance." In Fodor's Montretal & Quetbec City, 257. 07th ed. New York, New York: Fodor's Travel Publications, 2007. 4 William Grimes. "Paradise Lost in an 'Ethnic Cleansing': 2 Craig Belanger. 2009. "Quebec." Canada's Heritage: The British Expulsion of the French Acadians." The New York Quebec 1. MAS Ultra - School Edition, EBSCOhost (accessed April Times. February 9, 2005. 22, 2015). Same question. 5 Public Archives of Canada. Documents Relating to the 3 Guindon, Hubert, and Roberta Hamilton. Quebec Society: Constitutional History of Canada, 1759-1791. Vol. 1. Ottawa : Tradition, Modernity, and Nationhood. Toronto: University of S.E. Dawson, Printer to the King, 1907, 174. Toronto Press, 1988, 60. Published by Scholar Commons, 2015 1 Historical Perspectives: Santa Clara University Undergraduate Journal of History, Series II, Vol. 20 [2015], Art. 11 Silent Revolution 125 126 Historical Perspectives September 2015 How the Silent Revolution Redefined French speakers in the past. Only eight years prior, the British had expelled “thousands of French subjects Marriage in Canada from their farms” from Nova Scotia and “scattered them throughout the American colonies and beyond.”4 Carlos Andrés Castro According to Charles Yorke, the Attorney and Solicitor General in Quebec at the time, in a letter written to the Introduction Committee of Council for Plantation affairs, When Great Britain defeated France in the Seven Years' War in 1763, it acquired Quebec—a colony “The second and great source of disorders was inhabited by people of French descent and nearly three the Alarm taken at the Construction upon his times1 the geographical size of France. Quebec would Majesty's Proclamation of Oct. 7th 1763. As if it eventually become “the largest province in Canada, as were his Royal Intentions by his Judges and well as the second most populous.”2 After ousting the Officers in that Country, at once to abolish all French authority, the British parliament attempted to the usages and Customs of Canada, with the regulate their newly acquired subjects in the method rough hand of a Conqueror rather than with the they had become accustomed to. The imperial strategy true Spirit of a Lawful Sovereign, and not so to accommodate and integrate French Catholics into much to extend the protection and Benefit of the rest of English Protestant Canada by the British his English Laws to His new subjects, by secur- parliament was initially based on the Irish model.3 In ing their Lives, Liberty's and [propertys] with this model, Catholics were forced to convert to Protes- more certainty than in former times, as to tantism if they wanted to own land and hold other civil impose new, unnecessary and arbitrary Rules, rights. When the British parliament ruled to uniformly especially in the Titles to Land, and in the impose British law in Canada in 1763, it created modes of Descent, Alienation and Settlement, considerable civil unrest amongst French-speaking which tend to confound and subvert rights, subjects. The British had shown hostility towards instead of supporting them.”5 Implementing British law in Quebec proved to be a 1 Rachel Klein. "Québec at a Glance." In Fodor's Montretal & Quetbec City, 257. 07th ed. New York, New York: Fodor's Travel Publications, 2007. 4 William Grimes. "Paradise Lost in an 'Ethnic Cleansing': 2 Craig Belanger. 2009. "Quebec." Canada's Heritage: The British Expulsion of the French Acadians." The New York Quebec 1. MAS Ultra - School Edition, EBSCOhost (accessed April Times. February 9, 2005. 22, 2015). Same question. 5 Public Archives of Canada. Documents Relating to the 3 Guindon, Hubert, and Roberta Hamilton. Quebec Society: Constitutional History of Canada, 1759-1791. Vol. 1. Ottawa : Tradition, Modernity, and Nationhood. Toronto: University of S.E. Dawson, Printer to the King, 1907, 174. Toronto Press, 1988, 60. http://scholarcommons.scu.edu/historical-perspectives/vol20/iss1/11 2 Castro: How the Silent Revolution Redefined Marriage in Canada Silent Revolution 127 128 Historical Perspectives September 2015 complete disaster. The language barrier restrained group often expressing reluctance to the point of French speakers from participating in their own legal revolt. Advocates of self-determination argue that the affairs. To avoid discrimination, French Canadians strength of a nation lies in its ability to embrace the demanded a civil code of their own that could ensure differences among its population and provide equality their culture and way of life was preserved. To gain under the law to all. Canadians attempted to answer loyalty to the crown, the British parliament recanted the question of protecting minorities when dealing with their efforts to forcefully implement assimilation and French Canadians in the province of Quebec and the passed the Quebec Act of 1774. The Quebec Act6 nationwide legal status of the LGBT community. granted the province of Quebec the authority to retain Reviewing how Canadians dealt with this question will a civil code separate from the federal government of go beyond any political interest group, set of people, Canada. While the British Parliament successfully and piece of legislation to examine the social move- subdued protests, this was only a temporary appease- ments that intersect them all. Nowhere are the stakes ment and not a permanent solution to dealing with higher than in the drafting of family law, which regu- French speaking Canada. Over two centuries later, the lates the private domain of individuals. Drafting sovereign federal government of Canada is still mitigat- limitations and dictating an individual’s behavior ing the implications of Quebec’s own civil code. within the perimeter of their home, consequentially The repercussions of forced-assimilation versus contests their ability to craft their own identity. Insti- self-determination on the identity of an individual are tutionally, the harmonization of family law through still being discussed among politicians and scholars legislation by the federal government with the province alike. As a nation, how do you best address a group of of Quebec bridged the nationalist movement of the people that are different from the rest of the popula- Quebecois with gay rights advocates pleading
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