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Constitutional Reform

Explore the journey of constitutional reform in Canada from the 1982 Constitution Act to the failed Meech Lake and Charlottetown Accords. Discover the key provisions, challenges faced, and the impact on Canadian society.

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Constitutional Reform

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  1. Constitutional Reform CLN4U

  2. Constitutional Reform • When Canada patriated the constitution in 1982, it was renamed the Constitution Act, 1982, and the following changes were made: • The British North America Act was renamed the Constitution Act, 1867. • The Charter of Rights and Freedoms was added • The amending formulas were added

  3. Amending Formula • Approval of the House of Commons, Senate, and 2/3 of provincial legislatures representing at least 50% of the population • General Amending Formula • Applies to anything not specified in other formulas • Federal Parliament only • Change affects only federal parliament • Federal Parliament and legislature of one province • If only that province is affected • Federal Parliament and legislature of some provinces • If only these provinces are affected. • Federal Parliament and all provincial legislatures • If the change affects the office of the Queen, Governor General, Lieutenant-Governor, composition of Supreme Court, use of official languages or the amending formulas.

  4. Back to 1982… • Many Canadians, especially those in Québec, felt that greater changes needed to be made in order to have a constitution that better met the needs and wants of Canada • In the 1984 federal election campaign, Brian Mulroney promised that if elected, he would attempt to come up with constitutional change that would address the issues of Québec

  5. The Meech Lake Accord • Created in 1987 in an attempt to satisfy Québec • It covered the concerns held by Québec - the other provinces would also have been granted these new powers and rights

  6. Key Provisions of Meech Lake • “Distinct Society” clause for Québec • Increased role in immigration to provinces • Role in choice of Supreme Court appointments • Appointments to be made from provincially generated list of candidates • Quebec to be guaranteed 3 (has always been done by convention) • Other 6 would still be distributed regionally, not provincially. • Limits on ability of federal government to spend in areas of provincial jurisdiction.

  7. Problems with Meech Lake • While Meech Lake made Québec happy, many members of Canadian society felt left out: • Aboriginals • Women’s groups • Those worried federal government would lose too much power • Those concerned the “distinct society” clause would grant special rights to Québec

  8. The Failure of Meech Lake • Meech Lake needed to be passed in Parliament, as well as all 10 provincial legislatures • Manitoba legislative policy required unanimous consent in order for the Accord to pass • Elijah Harper cast a “no” vote as Meech Lake did not address native concerns • Newfoundland also failed to ratify the Accord • Quebecois were insulted – converted many to separatism

  9. The Charlottetown Accord • After the failure of Meech Lake, the next attempt to amend the constitution was broader in scope • In August of 1992, a new agreement was reached – the Charlottetown Accord

  10. Key Provisions of Charlottetown • Included all the provisions of the Meech Lake Accord, as well as: • Aboriginal self-government • Senate reform • “Triple E” (Elected, Equal, Effective) • 62 Senators (6 from each province, 1 from each territory) • Aboriginal senators in addition to 62 • More explicit statements of equality for males and females, but only in terms of Aboriginals • Addition of group rights • Québec guaranteed no less than 25% of seats in House of Commons

  11. Passing Charlottetown • Since the failure of Meech Lake, British Columbia, Alberta, and Québec passed legislation requiring a referendum on any future constitutional accords • So, Mulroney put the Charlottetown Accord to a national referendum on October 26th, 1992

  12. Passing Charlottetown • The question was: “Do you agree that the Constitution of Canada should be renewed on the basis of the agreement reached on August 28, 1992?” • BC and Alberta joined the national referendum • Québec held its own, on the same day, with the same question. • 54% of Canadians voted “no”

  13. The Failure of Charlottetown • There have been no formal attempts at constitutional reform since the failure of the Charlottetown Accord in 1992

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