The Evolution of
Canada’s
Constitution Act
When Canada signed the Treaty of Versailles
in 1919 after WWI, Canada took its first step
toward nationhood since the BNA Act, 1867.
 Canada had been automatically involved in
the war in 1914 because we remained subject
to Britain and bound to their foreign policy.
Statute of Westminster, 1931
 In 1926, The Balfour
Report declared that
Canada and the other
dominions (Australia,
New Zealand, South
Africa), would no
longer be subservient to
Britain.
 The Statute of Westminster was
created in response
Canada was no longer subject to
British laws and could pass laws that
contradicted those of Britain.
 Canada was now independent of
Britain in terms of foreign policy.
 Canada declared war all on its own, a
week after Britain did in 1939!
 Although Canada
became independent
in foreign policy, our
constitution remained
a British statute.
 Liberal Prime
Minister Pierre
Trudeau was
determined to reform
the Canadian
constitution
 In 1971, ministers produced a draft called the
Victoria Charter, a written guarantee of rights
that was initially accepted by the provinces and
federal government.
 Quebec government, Robert Bourassa
withdrew its agreement after the province
harshly criticized it.
 1976, Parti Quebecois (whose goal was the
independence of Quebec) became the governing
party in that province.
http://www.youtube.com/watch?v=-7_a2wa2dd4
Trudeau continued to fight the PQ
referendum on sovereignty-association:
the concept put forth by Rene
Levesque (leader of the PQ) whereby
Quebec would become a sovereign
jurisdiction in all areas of law making,
but would maintain economic
association with the rest of Canada.
 One of the most controversial issues
became the entrenchment (ensuring that
the constitution can be changed only
through constitutional amendment) of a bill
of rights.
 November 1981, the federal government
along with 9/10 provinces agreed on the
patriation of the constitution with an
entrenched charter of rights and freedoms.
 Quebec felt ignored and refused to sign
the agreement.
 April 17, 1982, the BNA Act was
brought home to Canada.
 Canada’s constitution now included
the Constitution Act, 1982, containing
an amending formula that would allow
all future amendments to be made
within
Meech Lake Accord
Failure to persuade Quebec to agree to
the patriation of the constitution in
1981 left many critics arguing that the
constitutional deal was flawed.
 Progressive Conservative leader Brian
Mulroney became new PM in 1984. He
promised to reintroduce Quebec to the
constitutional debates.
 1987, at Meech Lake (near Ottawa)
Mulroney attempted to get all 10
provincial premiers to agree to a
constitutional package based on these
proposals:
 The Meech Lake Accord would
recognize Quebec as a “distinct society”
and would give the provinces more
power relative to the federal
government.
Trudeau thought this “distinct
society” was dangerous and
unnecessary:
http://www.youtube.com/watch?v=NLkJbcW
33rE
 Aboriginal leaders were also upset
at the lack of consultation with them
over the proposed changes and that
the accord didn’t address
Aboriginal concerns.
http://archives.cbc.ca/politics/constitution/topics/11
80/
The Charlottetown Accord
 Despite failure of Meech Lake, Mulroney
proposed a national referendum (yes/no vote) in
1992.
 The Charlottetown Accord dealt with division of
powers in forestry, mining, and cultural affairs.
 Aboriginal concerns were addressed (including
Aboriginal self-government) but ultimately failed as
well.
1995 Quebec Referendum
 Quebeckers would decide on whether or not
they wished to remain a part of Canada.
 The end result was a 50.56% “no”.
http://archives.cbc.ca/politics/federal_politics/t
opics/1891/
 “Rallying for Unity”
http://www.youtube.com/watch?v=MUKorhH
5CFA