Isabella Carter
Quebec has never signed the Canadian Constitution, and this has been a long-standing issue in Canadian politics. The Constitution is the heart of a nation's democracy, and Quebec's absence from it has led to a sense of Quebec's political exclusion from the rest of Canada. There have been several attempts to address this issue, including the Meech Lake Accord of 1987 and the Charlottetown Accord of 1992, but these were not successful. Quebec's absence from the Constitution has been a source of tension and has even led to a rise in support for separatism in the province. In recent years, there have been renewed efforts to reopen the constitutional debate and bring Quebec into the fold, but these attempts have also faced challenges and rejection.
| Characteristics | Values |
|---|---|
| Year of the Constitution Act | 1982 |
| Reason for Quebec's refusal to sign the agreement | Loss of veto power and a clause in the Charter of Rights which guaranteed minority language rights |
| Number of attempts to include Quebec in the Constitution | Two |
| Outcome of the Meech Lake Accord | Failed |
| Outcome of the Charlottetown Accord | Defeated in a national referendum in October 1992 |
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What You'll Learn
Quebec lost its veto power over future constitutional changes
Quebec has not signed the Canadian Constitution, specifically the Constitution Act of 1982, due to several reasons, one of which was the loss of its veto power over future constitutional changes. Prior to the Constitution Act of 1982, Quebec held the power to veto or reject any constitutional changes it did not agree with. This meant that Quebec had the ability to prevent any amendments or modifications to the constitution without its consent. However, with the introduction of the new amending formula in the Constitution Act of 1982, this veto power was lost.
The loss of Quebec's veto power was a significant change in the dynamic of constitutional decision-making in Canada. It meant that Quebec no longer had the unilateral ability to block or forbid constitutional changes. This shift in power dynamics impacted the province's ability to protect its interests and maintain autonomy over certain matters. The veto power had been a crucial tool for Quebec to ensure that any constitutional modifications aligned with its values, priorities, and the interests of its citizens.
The amending formula introduced in the Constitution Act of 1982 outlined a new process for making changes to the constitution. It provided a framework for how amendments would be proposed, debated, and ultimately enacted. This process likely involved negotiations and consultations between various stakeholders, including representatives from different provinces and the federal government. The goal was to establish a more collaborative and inclusive approach to constitutional amendments, ensuring that the diverse perspectives and needs of all Canadians were considered.
However, the loss of veto power also raised concerns among Quebecois. They worried about how this change might impact their ability to safeguard their unique cultural and linguistic identity within Canada. Quebec has historically valued its distinct culture and language, and the veto power had been seen as a safeguard to protect these aspects from being overshadowed by the majority English-speaking provinces. With the loss of this power, there was apprehension about how effectively Quebec could continue to defend its interests and maintain its cultural autonomy.
The loss of veto power was a significant factor in Quebec's decision not to sign the Constitution Act of 1982. It marked a shift in the balance of power between the provinces and the federal government in terms of constitutional decision-making. While the new amending formula aimed to create a more unified and inclusive process, it also removed Quebec's ability to independently protect its interests. This complex dynamic continues to shape the relationship between Quebec and the rest of Canada, highlighting the ongoing efforts to balance unity and diversity within the country's federal system.
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The protection of minority language rights
Quebec has never signed the Canadian Constitution, despite two attempts to include the province in the Constitution in the late 1980s and early 1990s. One of the reasons for Quebec's refusal to sign the agreement was a clause in the Charter of Rights, which guaranteed minority language rights "where numbers warrant". This clause threatened to overturn Quebec's Bill 101, which protects the French language rights in Quebec, while also protecting English language rights in the rest of Canada.
The Constitution Act, 1982, which was introduced as part of Canada's process of patriating the constitution, included the Canadian Charter of Rights and Freedoms. Section 57 of the Act is similar to section 18 of the Charter, which provides that English and French versions of federal and New Brunswick statutes are equal. The Supreme Court has interpreted this to mean that the English and French versions of federal, Quebec, and Manitoba statutes are equal.
However, significant portions of the Constitution of Canada were only enacted in English, and even though there may be unofficial French translations, only the English versions have legal force. To address this issue, the federal Minister of Justice was required to prepare "a French version of the…Constitution of Canada as expeditiously as possible." A French Constitution Drafting Committee was established in 1984, and it presented French versions of the Constitution to the Minister in 1990.
Despite Quebec's initial support for the Constitution, the province has never signed it due to concerns about losing its veto power over constitutional changes and the potential impact on its language laws. However, the protection of minority language rights remains an important issue in Canada, and efforts have been made to ensure that both English and French versions of the Constitution are equal and accessible.
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The Constitution Act, 1982, was not enacted in French
The Constitution Act, 1982, was enacted as Schedule B to the Canada Act 1982, which was passed by the Parliament of the United Kingdom. The Canada Act 1982 was enacted in English only, and thus, the Constitution Act, 1982, was also enacted only in English.
While the Constitution Act, 1982, was enacted only in English, it does include provisions for the creation of an official French version. Section 55 of the Act requires that a "French version of the portions of the Constitution of Canada referred to in the schedule [to that Act] shall be prepared by the Minister of Justice of Canada as expeditiously as possible". This section also requires that the French version be put forward for enactment by proclamation issued by the Governor-General under the Great Seal of Canada.
In 1984, the Minister of Justice established a French Constitution Drafting Committee to assist in preparing the French version of the Constitution. The Committee has met numerous times and has worked to ensure consistency in the documents without changing the substance of the laws contained within them. The Committee's task has been complex due to the nature, number, and length of the documents involved.
Despite these efforts, as of 2024, the French version of the Constitution Act, 1982, has not been enacted. While sections 56 and 57 of the Act provide that the English and French versions of the Constitution are equal, these sections do not have the force of law. This means that, despite the existence of unofficial French translations, only the English version of the Constitution Act, 1982, is legally binding.
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The failure of the Meech Lake Accord and Charlottetown 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 10 Canadian provincial premiers. The Accord proposed strengthening provincial powers and declaring Quebec a "distinct society". It also recognised the anglophone minority in Quebec and the francophone minority elsewhere as fundamental parts of Canada.
The Accord 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 wane. Changes in government in New Brunswick, Manitoba, and Newfoundland brought ministries to power that declined to accept the Accord.
On the final day ratification was possible, the Manitoba legislature ended its session without having voted on the Accord. The federal government considered asking the Supreme Court to extend the deadline if Manitoba had been the only holdout, but Wells' cancellation of the Newfoundland vote made this effort moot. With Manitoba and Newfoundland's failure to ratify the Meech Lake Accord, the amendments lapsed on June 23, 1990. The failure to pass the Accord greatly increased tensions between Quebec and the rest of the country, and the Quebec sovereignty movement gained renewed support for a time.
The Charlottetown Accord was a second attempt at a constitutional agreement, this time following an exhaustive series of public consultations. Unlike the Meech Lake Accord, the Charlottetown Accord's ratification process 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. Prime Minister Mulroney decided to go with a national referendum to avoid a greater perception of unfairness if only three provinces were able to vote. The Charlottetown Accord was defeated in a national referendum, with a majority of Canadian voters unwilling to support the Accord.
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The deal between Jean Chrétien and other provinces
Quebec has never signed the Canadian Constitution, and this has been a persistent political issue in the province. The Constitution Act, 1982, was signed by Queen Elizabeth II, Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General. However, the Government of Quebec has never formally approved of the enactment of the act.
Jean Chrétien, one of the architects and negotiators of the Constitution, cut a deal with the other provinces, which has been referred to as the "Night of the Long Knives". This deal appeased the other provinces, whose leaders were concerned about the Charter taking too much power away from the provinces and handing it to Ottawa. When René Lévesque, the Quebec Premier, found out about the deal, he withdrew Quebec's support.
The deal involved a compromise on Section 33, which was accepted by all English-speaking premiers but not by Lévesque. This section, also known as the "notwithstanding clause", allows federal and provincial parliaments to override portions of the constitution temporarily. Chrétien defended this clause, arguing that elected officials, not judges, should have the final say in a society.
Chrétien was a hard federalist, favouring a strong federal government at the expense of the provinces. He played a significant role in the debates leading to the patriation of the Constitution of Canada in 1982. He also supported the Charlottetown Accord of August 1992, which proposed devolving federal powers to the provinces.
In 2002, on the 20th anniversary of the patriation of the Constitution, Quebec's premier presented a motion in the provincial legislature recognizing that the province had never signed the Constitution or Charter. The motion passed unanimously, and the act was deemed "still unacceptable for Quebec". Efforts to secure Quebec's approval, such as the Meech Lake and Charlottetown Accords, have failed.
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Frequently asked questions
Quebec lost its veto power to reject or prevent constitutional changes with the new amending formula. A clause in the Charter of Rights also guaranteed minority language rights, which would have meant the end of Quebec's Bill 101, protecting English language rights in the province.
The Meech Lake Accord was an agreement between the federal and provincial governments to amend the Constitution. It proposed strengthening provincial powers and declaring Quebec a "distinct society". The Accord was never put into effect as political support unravelled in 1990.
Yes, in 2017, Quebec's Liberal premier, Philippe Couillard, proposed having Quebec sign the constitution as part of Canada's 150th anniversary. However, this was rejected by Prime Minister Justin Trudeau.
Quebec has never been a part of the Constitution, and it remains a significant issue for the province. While there have been multiple attempts to reopen constitutional talks, no agreement has been reached.
