Malcolm Rivera
The Constitution Act of 1982 is a significant document in Canadian history, marking the country's full independence and sovereignty. It was signed into force on April 17, 1982, by Queen Elizabeth II, Prime Minister Pierre Trudeau, and the Minister of Justice, Jean Chrétien. Notably, the province of Quebec did not approve of the enactment of this act, and to this day, the Government of Quebec has never formally consented to it. This refusal stems from Quebec's loss of veto power over future constitutional changes and the inclusion of a clause guaranteeing minority language rights, which conflicted with Quebec's existing laws. The Meech Lake and Charlottetown Accords were later proposed to secure Quebec's approval, but these efforts were unsuccessful. Despite Quebec's lack of formal approval, the Supreme Court ruled that their consent was not necessary for the Constitution Act to be operative in the province.
| Characteristics | Values |
|---|---|
| Quebec's approval of the Constitution Act 1982 | Quebec has never formally approved of the enactment of the act |
| Quebec's consent required | Not required as per the Supreme Court |
| Quebec's veto power | Quebec did not have a veto power as per the Supreme Court |
| Quebec's resentment | Lingering resentment among Quebec nationalists over the events of 1981-82 |
| Quebec's public opinion | Widespread support for the Charter of Rights and Freedoms |
| Quebec's Premier | René Lévesque |
| Quebec's public opinion on the Meech Lake Accord | Bitter resentment over proceeding without Quebec |
| Quebec's loss of veto power | Loss of the right to reject or forbid constitutional changes |
| Quebec's Bill 101 | Ended due to protection of English language rights in Quebec |
| Quebec's public opinion on the monarchy | Anti-colonialist sentiment |
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What You'll Learn
Quebec's refusal to sign
Secondly, a clause in the Charter of Rights guaranteed minority language rights "where numbers warrant." This clause threatened the existence of Quebec's Bill 101, as it would protect English language rights in Quebec while also protecting French language rights in the rest of Canada. The protection of minority language rights in Quebec would not be enforced until the Quebec government or legislature chose to ratify it, as seen in Section 23(1)(a) of the Charter.
The refusal to sign the agreement by Quebec's government, led by Premier René Lévesque, sparked strong resentment among Quebec nationalists, who felt betrayed by Trudeau and the other premiers. This event, known as "the night of the long knives," continued to fuel lingering resentment among Quebec nationalists even years later. The Meech Lake and Charlottetown Accords were later proposed to secure approval from Quebec, but both attempts ultimately failed.
The Constitution Act, 1982, marked a significant step towards full independence for Canada, as it patriated the constitution and introduced several amendments to the British North America Act, 1867, including renaming it the Constitution Act, 1867. It also guaranteed the rights of Aboriginal peoples, entrenched provincial jurisdiction over natural resources, and provided for future constitutional conferences. Despite Quebec's refusal to sign, the Supreme Court of Canada ruled that Quebec's formal consent was not necessary for the Act to be operative in Quebec.
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The impact on Quebec's Bill 101
Quebec did not sign the 1982 Constitution Act, which marked Canada's full independence and sovereignty. One of the reasons for Quebec's refusal to sign was the loss of its veto power over future constitutional changes. Another reason was a clause in the Charter of Rights, which guaranteed minority language rights, thus threatening the existence of Quebec's Bill 101.
Bill 101, or the Charter of the French Language, was adopted by the Quebec National Assembly in 1977. It was an attempt to maintain French as the "normal" language in Quebec, making it the primary language of administration, business, and education. The most controversial sections of Bill 101 were those that restricted access to English schools and prohibited English on commercial signs.
The enactment of the 1982 Constitution Act and its accompanying Canadian Charter of Rights and Freedoms put these controversial aspects of Bill 101 at risk. The Charter of Rights guaranteed minority language rights, which would have protected English language rights in Quebec. This directly contradicted the purpose of Bill 101, which aimed to promote and protect the French language in the province.
In response to the perceived threat to Bill 101 and Quebec's jurisdiction over its language and culture, the National Assembly adopted a bill in June 1982 that inserted a notwithstanding clause into each of Quebec's laws, including Bill 101. This clause was designed to limit the application of the Charter of Rights in Quebec, as it was seen as illegitimate and a menace to Quebec's autonomy in this area.
However, 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. While the notwithstanding clauses were deemed valid, they could not be applied retroactively to April 17, 1982, as this was not authorized by the Constitution. This ruling demonstrated the ongoing tension between Quebec's desire to protect its language and culture and the guarantees of minority language rights provided by the 1982 Constitution Act and the accompanying Charter of Rights.
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The Meech Lake Accord
The Accord consisted of six major provisions. Firstly, it recognised Quebec as a distinct society within Canada and acknowledged that Quebec's anglophone minority and francophone minorities elsewhere were fundamental characteristics of Canada. Secondly, it restricted federal spending powers in areas of provincial jurisdiction, such as education and healthcare. Thirdly, it entrenched existing agreements between the provinces and Ottawa over immigration. Fourthly, it gave the provinces greater say over appointments to the Senate and Supreme Court of Canada. Fifthly, it granted each of the provinces and Parliament a veto over future constitutional amendments relating to central institutions, the creation of new provinces, and the use of the English or French language. Finally, it allowed any province to opt out of these programs and still receive federal funding, as long as it created another program of comparable quality.
The Accord was never put into effect, and political support unravelled in 1990. The failure of the Meech Lake Accord was seen by many Québécois as a rejection of Quebec, leading to increased support for separatism in the province. The Accord faced opposition from Clyde Wells, the Premier of Newfoundland and Labrador, who argued that it would give Quebec greater legislative powers than other provinces, make future constitutional reforms nearly impossible, and undermine federal funding to Canada's poorer provinces.
On 22 June 1990, the final day of ratification, the Manitoba legislature ended its session without voting on the Accord. With Manitoba and Newfoundland's failure to ratify, the amendments lapsed on 23 June 1990, pursuant to Section 39(2) of the Constitution Act, 1982. The disintegration of the Meech Lake Accord resulted in the resignation of Lucien Bouchard, Mulroney's Environment Minister and Quebec lieutenant, and led to a new round of constitutional talks, culminating in the Charlottetown Accord of 1992.
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The role of the monarch
The Constitution Act, 1982, is a landmark document in Canadian history, marking the country's full independence and sovereignty. While the Act was signed by Queen Elizabeth II, the Prime Minister, and other officials, the Government of Quebec has never formally approved of its enactment. This has been a persistent political issue in Quebec, with nationalists expressing resentment and feeling betrayed by the province's exclusion.
The monarch's consent is necessary for certain legal documents, such as letters patent and orders-in-council, to have legal effect. Additionally, as part of the Parliament of Canada, the monarch's assent is required for bills to become law. This underscores the Crown's role in safeguarding the rights, freedoms, and democratic system of Canada. The monarch's direct participation in governance is typically limited, and they usually exercise executive authority with the advice and consent of the Cabinet of Canada.
While the monarch's role is largely ceremonial, they retain significant powers and political influence. They have the right to be consulted, to encourage, and to warn, as identified by Walter Bagehot in "The English Constitution." The monarch's role is to unite Canadians and give them a collective sense of belonging, and new Canadians swear allegiance to the King, reinforcing the personal nature of the monarchy's role in the country.
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The Canadian Charter of Rights and Freedoms
The Charter guarantees a range of rights and freedoms, including freedom of thought, belief, opinion, and expression, encompassing the freedom of the press and other media. It also protects the right to peaceful assembly and association, ensuring individuals can gather and act collectively without fear of retribution. Additionally, the Charter upholds religious freedom, allowing Canadians to follow the religion of their choice. It also ensures that official languages have equal status, with English and French recognised as such in New Brunswick, and their use promoted and preserved.
The Charter is not without its complexities, and Quebec's relationship with it is a notable aspect. Quebec has never formally approved the enactment of the Constitution Act, 1982, which includes the Charter. One reason for Quebec's reluctance is the loss of its veto power over future constitutional changes. Additionally, a clause in the Charter guaranteeing minority language rights conflicted with Quebec's Bill 101, which aimed to protect French language rights in the province. Despite this, public opinion surveys indicate widespread support for the Charter in Quebec, and the issue of Quebec's consent is no longer at the forefront of Canadian political debate.
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Frequently asked questions
No, Quebec did not sign the Constitution Act 1982. Quebec's Premier at the time, René Lévesque, was furious that the Canada Act, a British law that achieved the patriation of the Constitution, was signed without Quebec's consent.
Quebec had two main reasons for not signing the agreement. Firstly, the new amending formula meant that Quebec lost its veto power over future 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.
Quebec's refusal to sign the Constitution Act 1982 caused a rift and resentment among Quebec nationalists. The Meech Lake and Charlottetown Accords were designed to secure approval from Quebec, but both efforts failed.
While there is no record of Quebec ever formally approving the enactment of the act, the Supreme Court concluded that Quebec's formal consent was not necessary. Quebec did pass a resolution authorizing an amendment 15 years after ratification.
