Simone Lawson
Quebec has never formally approved of the enactment of the Constitution Act, 1982, despite the Supreme Court concluding that its consent was not necessary. The failure to secure Quebec's approval has been a persistent political issue, with the Meech Lake and Charlottetown Accords designed to secure approval from Quebec, ultimately failing. Quebec's refusal to sign the agreement was largely due to the loss of its veto power over future constitutional changes and a clause in the Charter of Rights that guaranteed minority language rights, which would have meant the end of Quebec's Bill 101.
| Characteristics | Values |
|---|---|
| Quebec's consent | Not required, according to the Supreme Court |
| Quebec's approval | Never formally given |
| Quebec's signature | Never obtained |
| Quebec's consent sought | Yes, through the Meech Lake and Charlottetown Accords |
| Outcome of the above | Failed |
| Quebec's Premier in 1982 | René Lévesque |
| Quebec's current Premier | François Legault |
| Quebec's loss due to the new amending formula | Veto power |
| Quebec's objection to the new Charter of Rights | Clause guaranteeing minority language rights |
| Impact on Quebec's Bill 101 | End of the Bill |
| Quebec's use of the notwithstanding clause | Normalized by René Lévesque |
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What You'll Learn
Quebec's reasons for not signing
Quebec has never formally approved the enactment of the Constitution Act, 1982. There were two main reasons for this. Firstly, the new amending formula meant that Quebec lost its veto power to reject or prevent constitutional changes. Secondly, a clause in the Charter of Rights guaranteed minority language rights "where numbers warrant", which would have meant the end of Quebec's Bill 101 by protecting English language rights in Quebec.
The failure to secure Quebec's approval for the Constitution Act, 1982, has been a persistent political issue. The Meech Lake and Charlottetown Accords were designed to secure Quebec's approval, but both efforts failed. The lack of formal approval has fuelled separatist sentiment in Quebec for years.
In the spring of 1982, René Lévesque, Quebec’s premier at the time, was furious that the Canada Act, which patriated the Constitution, had been signed without Quebec’s consent. He felt deeply wronged by what he saw as Canadian trickery at the First Ministers’ conference held the previous November. He believed he had to respond with legal countermeasures and asked his Justice Department for ideas. This led to the creation of Bill 21, which prohibits state employees from wearing religious symbols, and Bill 96, which amends the Charter of the French Language.
Quebec normalised the use of the notwithstanding clause, which allows provincial or federal governments to shield a law from invalidation on grounds of violation of Charter provisions. In 1988, the Supreme Court struck down the section of Bill 101 that imposed the official language of Quebec as the only language of commercial signs. However, it stated that all the notwithstanding clauses were valid and could not be dated retroactively to April 17, 1982.
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The impact on Quebec's laws
Quebec has never formally approved of the enactment of the Constitution Act, 1982. The province's main reasons for not signing the agreement were the loss of its veto power over future constitutional changes and a clause in the Charter of Rights that guaranteed minority language rights, which would have meant the end of Quebec's Bill 101 by protecting English language rights in the province.
The impact of this decision on Quebec's laws has been significant. Firstly, the province lost its ability to directly influence and shape the country's constitutional framework. This meant that Quebec could not formally contribute to or veto amendments to the Constitution, limiting its ability to protect its unique cultural and linguistic identity within Canada.
Secondly, the absence of Quebec's signature on the Constitution led to ongoing political issues and efforts to secure the province's approval. The Meech Lake and Charlottetown Accords were specifically designed to address Quebec's concerns and gain its support, but both attempts ultimately failed. This ongoing dispute has fueled separatist sentiment in Quebec and influenced the province's relationship with the rest of Canada.
Additionally, the lack of formal approval has had legal implications for Quebec. While the Supreme Court concluded that Quebec's consent was not necessary for the Constitution to be valid, the province has continued to assert its autonomy and unique status within Canada. This dynamic has resulted in legal challenges and debates over the interpretation and application of certain sections of the Constitution in Quebec, such as those related to language rights and the separation of powers.
Furthermore, the absence of Quebec's signature has had a lasting impact on the province's laws and policies. Quebec has pursued its own legislative agenda, including the enactment of controversial bills such as Bill 21, which prohibits state employees from wearing religious symbols, and Bill 96, which amends the Charter of the French Language. These bills reflect Quebec's ongoing efforts to protect and promote its distinct cultural and linguistic identity, even in the absence of formal recognition within the Constitution.
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The role of René Lévesque
René Lévesque was a Canadian politician and journalist who served as the 23rd premier of Quebec from 1976 to 1985. He is remembered for his role in Quebec's nationalization of hydroelectric companies and as a passionate advocate for Quebec's sovereignty. He founded the Parti Québécois and was a Liberal minister in the Lesage government from 1960 to 1966.
In the spring of 1982, René Lévesque was the premier of Quebec. He was outraged that the Canada Act, a British law that brought about the patriation of the Constitution, had been signed on April 17 by Queen Elizabeth II without Quebec's consent. He felt deceived by what he believed was Canadian trickery at the First Ministers' conference the previous November. He considered taking legal action in response. He consulted with his Justice Department, and two of their ideas have had significant consequences to this day.
Firstly, Lévesque normalised the use of the notwithstanding clause and added an oath to Quebec's people and its constitution. The notwithstanding clause, or section 33 of the Charter of Rights and Freedoms, allows provincial or federal governments to shield a law from invalidation on specific grounds or to revive a law that has been invalidated by a court. While an invocation of the notwithstanding clause expires after five years, there is no limit to the number of times it can be reused. By 1988, Lévesque's hundreds of notwithstanding clauses based on the Canadian Charter had expired as they had reached their five-year limit, and his successor, Bourassa, did not renew them.
Secondly, Lévesque sought to abolish the oath to the Queen (now the King) required by section 128 of the Constitution Act of 1867 (then known as the BNA Act) for all members of Parliament and provincial legislative assemblies. He was informed that he could not do this unilaterally, but he could introduce a second oath to the people of Quebec and its constitution. Since 1982, members of the National Assembly have taken both oaths.
The current Quebec government, led by François Legault, aims to build on René Lévesque's legacy. Legault's justice minister has printed a version of the Canadian Constitution that includes a section 90Q recognising Quebec as a nation. Additionally, the National Assembly recently passed Bill 4, which aims to abolish the oath to the monarchy.
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The Meech Lake and Charlottetown Accords
The Meech Lake Accord
The Meech Lake Accord was a series of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and all ten Canadian provincial premiers. It was intended to persuade the government of Quebec to symbolically endorse the 1982 constitutional amendments by providing for some decentralisation of the Canadian federation. The proposed amendments were initially popular and backed by nearly all political leaders. However, former Prime Minister Pierre Trudeau, feminist activists, and Indigenous groups raised concerns about the lack of citizen involvement in the Accord's drafting and its future effects on Canadian federalism, and support for the Accord began to decline. Changes in government in New Brunswick, Manitoba, and Newfoundland brought ministries to power that declined to accept the Accord.
The Charlottetown Accord
The Charlottetown Accord, unlike Meech Lake, was put to a referendum on 26 October 1992, but it was defeated in most provinces, including Quebec. The ratification process for the Charlottetown Accord provided for a national referendum. Three provinces—British Columbia, Alberta, and Quebec—had recently passed legislation requiring that constitutional amendments be submitted to a public referendum. At risk of a greater perception of unfairness if only three provinces were able to vote, Prime Minister Mulroney decided to go with a national referendum. The accord steadily became less and less popular, often credited to much of the electorate finding at least some aspect of the lengthy accord with which they disagreed and the extreme unpopularity of Prime Minister Mulroney in 1992.
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Quebec's consent and sovereignty
Quebec had two main objections to signing the Constitution. Firstly, the new amending formula removed their veto power, which had previously allowed them to reject constitutional changes they disagreed with. Secondly, a clause in the Charter of Rights guaranteed minority language rights, which would have nullified Quebec's Bill 101 and protected English language rights in the province. Despite efforts to secure Quebec's approval, such as the Meech Lake and Charlottetown Accords, the province has never formally approved the enactment of the Constitution Act, 1982.
In response to the perceived betrayal, Lévesque normalized the use of the notwithstanding clause, a provision in the Canadian Charter of Rights and Freedoms that allows governments to shield laws from judicial invalidation on certain grounds. He used this clause to protect Quebec's laws, including Bill 101, from judicial review. However, in 1988, the Supreme Court struck down a section of Bill 101, imposing the official language of Quebec as the only language of commercial signs, while upholding the validity of the notwithstanding clauses.
The lack of Quebec's formal approval of the Constitution has persisted as a political issue. While the Supreme Court ruled that Quebec's consent was not necessary for the Constitution to come into force, the province's refusal to sign has continued to fuel separatist sentiment and shape the use of the notwithstanding clause. The Meech Lake and Charlottetown Accords were later attempts to secure Quebec's approval for the Constitution, but both efforts ultimately failed.
In summary, Quebec's consent and sovereignty have been a complex and ongoing issue in Canadian constitutional history. The province's refusal to sign the Constitution due to concerns over veto power and minority language rights has had lasting political implications, including fueling separatist sentiment and shaping the use of the notwithstanding clause. Despite efforts to secure Quebec's approval, the province has maintained its distinct position, highlighting the ongoing challenges of national unity in Canada.
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Frequently asked questions
No, Quebec did not sign the Constitution Act, 1982.
Quebec had two main reasons for not signing the agreement. Firstly, the new amending formula meant that Quebec lost its veto power to reject or prevent constitutional changes. Secondly, a clause in the Charter of Rights guaranteed minority language rights, which would have meant the end of Quebec's Bill 101 by protecting English language rights in Quebec.
Yes, the Meech Lake and Charlottetown Accords were designed to secure approval from Quebec, but both efforts failed.
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