The Evolution The Evolution of Canada’s of Canada’s Constitution Constitution

ActAct

When Canada signed the When Canada signed the Treaty Treaty of Versaillesof Versailles in 1919 after WWI, in 1919 after WWI, Canada took its first step Canada took its first step toward nationhood since the toward nationhood since the BNA Act, 1867.BNA Act, 1867.

Canada had been automatically Canada had been automatically involved in the war in 1914 involved in the war in 1914 because we remained subject to because we remained subject to Britain and bound to their Britain and bound to their foreign policy. foreign policy.

Statute of Statute of Westminster, 1931Westminster, 1931 In 1926, The In 1926, The Balfour Report Balfour Report declared that declared that Canada and the Canada and the other dominions other dominions (Australia, New (Australia, New Zealand, South Zealand, South Africa), would no Africa), would no longer be longer be subservient to subservient to Britain.Britain.

The Statute of Westminster The Statute of Westminster was created in responsewas created in response

Canada was no longer subject Canada was no longer subject to British laws and could pass to British laws and could pass laws that contradicted those of laws that contradicted those of Britain.Britain.

Canada was now independent Canada was now independent of Britain in terms of foreign of Britain in terms of foreign policy.policy.

Canada declared war all on its Canada declared war all on its own, a week after Britain did in own, a week after Britain did in 1939!1939!

Although Canada Although Canada became became independent in independent in foreign policy, our foreign policy, our constitution constitution remained a British remained a British statute.statute.

Liberal Prime Liberal Prime Minister Pierre Minister Pierre Trudeau was Trudeau was determined to determined to reform the reform the Canadian Canadian constitutionconstitution

In 1971, ministers produced a draft In 1971, ministers produced a draft called the Victoria Charter, a written called the Victoria Charter, a written guarantee of rights that was initially guarantee of rights that was initially accepted by the provinces and federal accepted by the provinces and federal government.government.

Quebec government, Robert Bourassa Quebec government, Robert Bourassa withdrew its agreement after the withdrew its agreement after the province harshly criticized it.province harshly criticized it.

1976, Parti Quebecois (whose goal was 1976, Parti Quebecois (whose goal was the independence of Quebec) became the independence of Quebec) became the governing party in that province.the governing party in that province.

http://www.youtube.com/watch?v=-http://www.youtube.com/watch?v=-7_a2wa2dd4 7_a2wa2dd4

Trudeau continued to fight Trudeau continued to fight the PQ referendum on the PQ referendum on sovereignty-associationsovereignty-association: the : the concept put forth by Rene concept put forth by Rene Levesque (leader of the PQ) Levesque (leader of the PQ) whereby Quebec would whereby Quebec would become a sovereign become a sovereign jurisdiction in all areas of law jurisdiction in all areas of law making, but would maintain making, but would maintain economic association with the economic association with the rest of Canada.rest of Canada.

One of the most controversial issues One of the most controversial issues became the became the entrenchmententrenchment (ensuring (ensuring that the constitution can be that the constitution can be changed only through constitutional changed only through constitutional amendment) of a bill of rights.amendment) of a bill of rights.

November 1981, the federal November 1981, the federal government along with 9/10 government along with 9/10 provinces agreed on the patriation provinces agreed on the patriation of the constitution with an of the constitution with an entrenched charter of rights and entrenched charter of rights and freedoms.freedoms.

Quebec felt ignored and refused to Quebec felt ignored and refused to sign the agreement.sign the agreement.

April 17, 1982, the April 17, 1982, the BNA ActBNA Act was brought home to Canada.was brought home to Canada.

CanadaCanada’’s constitution now s constitution now included the included the Constitution Act, Constitution Act, 19821982, containing an amending , containing an amending formula that would allow all formula that would allow all future amendments to be future amendments to be made within made within

Meech Lake Meech Lake AccordAccordFailure to persuade Quebec to Failure to persuade Quebec to

agree to the patriation of the agree to the patriation of the constitution in 1981 left many constitution in 1981 left many critics arguing that the critics arguing that the constitutional deal was flawed.constitutional deal was flawed.

Progressive Conservative Progressive Conservative leader Brian Mulroney became leader Brian Mulroney became new PM in 1984. He promised to new PM in 1984. He promised to reintroduce Quebec to the reintroduce Quebec to the constitutional debates.constitutional debates.

1987, at Meech Lake (near 1987, at Meech Lake (near Ottawa) Mulroney attempted Ottawa) Mulroney attempted to get all 10 provincial to get all 10 provincial premiers to agree to a premiers to agree to a constitutional package based constitutional package based on these proposals:on these proposals:

The Meech Lake Accord would The Meech Lake Accord would recognize Quebec as a recognize Quebec as a ““distinct distinct societysociety”” and would give the and would give the provinces more power relative provinces more power relative to the federal government. to the federal government.

Trudeau thought this Trudeau thought this ““distinct societydistinct society”” was was dangerous and unnecessary: dangerous and unnecessary:

http://www.youtube.com/watch?http://www.youtube.com/watch?v=NLkJbcW33rE v=NLkJbcW33rE

Aboriginal leaders were Aboriginal leaders were also upset at the lack of also upset at the lack of consultation with them over consultation with them over the proposed changes and the proposed changes and that the accord didnthat the accord didn’’t t address Aboriginal address Aboriginal concerns.concerns.

http://archives.cbc.ca/politics/http://archives.cbc.ca/politics/constitution/topics/1180/ constitution/topics/1180/

The Charlottetown AccordThe Charlottetown Accord Despite failure of Meech Lake, Despite failure of Meech Lake,

Mulroney proposed a national Mulroney proposed a national referendum (yes/no vote) in 1992.referendum (yes/no vote) in 1992.

The Charlottetown Accord dealt The Charlottetown Accord dealt with division of powers in forestry, with division of powers in forestry, mining, and cultural affairs. mining, and cultural affairs.

Aboriginal concerns were Aboriginal concerns were addressed (including Aboriginal addressed (including Aboriginal self-government) but ultimately self-government) but ultimately failed as well.failed as well.

1995 Quebec 1995 Quebec ReferendumReferendum Quebeckers would decide on Quebeckers would decide on

whether or not they wished to whether or not they wished to remain a part of Canada.remain a part of Canada.

The end result was a 50.56% The end result was a 50.56% ““nnoo ””. .

http://archives.cbc.ca/politics/http://archives.cbc.ca/politics/federal_politics/topics/1891/federal_politics/topics/1891/

““Rallying for UnityRallying for Unity””http://www.youtube.com/watch?http://www.youtube.com/watch?

v=MUKorhH5CFA v=MUKorhH5CFA