Comparing
Constitutions
POLS 2910
POLS 2910
Outline
The Constitution
Introduction
1. Defining a constitution
2. Components of the Canadian Constitution
3. The struggle over constitutional change
4. Post-Charlottetown developments
5. Who’s to blame for our constitutional woes?
Conclusion
Introduction
❖
constitutional monarchy w/ absent Queen
❖
written/unwritten constitution
❖
judicial review/parliamentary supremacy
1. Defining a constitution
❖
Dyck sets out three different, though overlapping, definitions:
❖
a constitution is “the whole body of fundamental rules and principles according to
which a state is governed”
❖
a constitution “provides for the basic institutions of government and the relation
between them, the relations between national and provincial governments, and the
relations between government and citizens”
❖
a constitution “outlines how the rule-making, rule-application, and rule adjudication
function will be performed and by what political structures”
2. Components of the
Canadian Constitution
❖
BNA Act, 1867
❖
amendments to the BNA Act
❖
British statutes/orders in council
❖
organic Canadian statutes
❖
Constitution Act, 1982
❖
other Canadian statutes
❖
judicial decisions
❖
constitutional conventions
3. The struggle over
constitutional change
❖
early concerns for constitutional change
❖
key issues driving 20th century change
❖
key events in constitutional struggle
3. The struggle over
constitutional change
❖
early concerns for constitutional change
❖
territory, autonomy, abolition of JCPC
❖
key issues driving 20th century change
❖
key events in constitutional struggle
3. The struggle over
constitutional change
❖
early concerns for constitutional change
❖
❖
key issues driving 20th century change
❖
❖
territory, autonomy, abolition of JCPC
domestic amending formula, civil rights, Quebec’s ‘quiet revolution’
key events in constitutional struggle
Key events
❖
Fulton/Favreau, 1964
❖
Victoria Charter, 1971
❖
Constitution Act, 1982
❖
Meech Lake Accord, 1987-90
❖
Charlottetown Accord, 1992
Quebec’s 5 key demands
❖
constitutional recognition of ‘distinct society’
❖
veto on constitutional amendments
❖
increased jurisdiction over immigration
❖
participation in Supreme Court appointments
❖
financial compensation for opting out federal programs
Key events
❖
Fulton/Favreau, 1964
❖
Victoria Charter, 1971
❖
Constitution Act, 1982
❖
Meech Lake Accord, 1987-90
❖
Charlottetown Accord, 1992
4. Post-Charlottetown
Developments
❖ Quebec referendum,
❖ federal responses 1995
❖ Calgary Declaration
❖ recent developments
Quebec referendum question
❖
“Do you agree that Quebec should become sovereign,
after having made a formal offer to Canada for a new
economic and political partnership, within the scope of
the bill respecting the future of Quebec and of the
agreement signed on June 12, 1995.”
4. Post-Charlottetown
Developments
❖ Quebec referendum,
❖ federal responses 1995
❖ Calgary Declaration
❖ recent developments
Harper Conservative’s
Quebec motion
❖
“That this House recognize that the Quebecois form a
nation within a united Canada.”
❖
passed November 27, 2006, 265 to 16
5. Who’s to blame for our
constitutional woes?
❖ Quebec
❖ the West
❖ politicians
❖ voters
Conclusion