Constitutional Crisis:From Patriation to the 1995 Referendum

What do you think the cartoonist istrying to say here?

Patriation of the ConstitutionAfter the failure of the PQ’s sovereignty-

association referendum in 1980, the federal government of Pierre Trudeau felt that it would be wise to keep his promise to the Quebecois and look into reforming our Constitution.

At the time, the main part of the constitution was the British North America Act (BNA) of 1867.

Trudeau wanted to do two things. First, he wanted to patriate the Constitution. Second, he wanted to include a Charter of Rights and Freedoms that would check the power of the government.

Questions AriseWill Quebec be declared a distinct society

and be given a veto?Will the West be given more representation and

an elected Senate?Will provinces be given even greater

autonomy?Will the Charter allow the courts to overturn

laws made in provincial legislatures?Will Bill 101 be declared unconstitutional?What will the amending formula be?

Trudeau and Chretien discuss strategy at Constitutional talks in 1981.

The Kitchen Compromise & the Notwithstanding Clause In a meeting of federal and provincial leaders in 1981, then

Justice Minister Jean Chretien hammered out a late night deal with his counterparts from Ontario and Saskatchewan.

The so-called “kitchen compromise” would allow any province to opt out of parts of the Charter under its specially designed notwithstanding clause.

The three men decided to wake the nine premiers staying at their hotel to see if they would agree to this deal in principle.

Unfortunately, the Quebec premier Rene Levesque was not asked to attend the late night meeting…oops.

Do you think he’ll mind…hmm…he’ll be OK with this, won’t he?

Really? You forgot about me? The premier of Quebec?Really?

Mon dieu.

Mulroney Takes a Shot In 1984, the Progressive

Conservatives and Brian Mulroney win the election against Trudeau’s replacement John Turner.

Mulroney, a bilingual Quebecer of Irish ancestry, tries to fix the constitutional mess in 1987.

The 1987, the Meech Lake Accord promises Quebec distinct society status.

Meech Lake

Here We Go AgainFive years after patriation, Quebec has still not

signed the Constitution.Now Alberta and Newfoundland begin making

extra demands.Mulroney proposes distinct society status for

Quebec. Trudeau, now retired, weighs in on the issue arguing that this will lead to the creation of “two solitudes” within Canada.

Elijah Harper, a First Nations MP from Manitoba voices his concern. In the end, Newfoundland and Manitoba reject the proposal.

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The 1990s By 1990, over 64% of

Quebecers want to separate from Canada.

The Bloq Quebecois, led by Lucien Bouchard, becomes a federal separatist party, and the loyal opposition.

The Parti Quebecois comes back to power and are led by Jacques Parizeau.

In 1995, Quebec decides to hold another referendum.

So where did you say you’re from?

1995 Referendum Coverage

Key Terms and Concepts Patriation The Constitution Referendum The Charter Sovereignty-Association Amending Formula Kitchen Compromise Notwithstanding Clause

Brian Mulroney Jean Chretien Lucien Bouchard Jaques Parizeau Distinct Society Two Solitudes Parti Quebecois Bloq Quebecois