POLS 3140 Lecture Notes - Lecture 1: Victoria Charter, Robert Bourassa, October Crisis
20 May 2018
School
Department
Course
Professor
POLS 3140 Week 1 Jan.9/17
- Judicialization of politics: cases in supreme court
- Politicization of the judiciary: interests groups, who becomes judges in supreme court,
political implications of court decisions, judiciary infused with everyday politics
- Charter has made judges much more powerful, has impacted other political institutions, and
society
- Why no constitutional rights document until 1982?
o Had British political institutions
o Context of how to amend constitution, difficult to change it (need British permission?)
o National court telling provinces what to do, they had to agree to limit their own powers
- Main effect of a constitutional Charter of Rights and Freedoms
o Influence of judiciary on every day politics
o Once in constitution, it has lots of power (rights are very important, symbolizes Canada’s
commitment to individual rights),
Patriation Jan.11/17
- Canadian constitution had an “internal deficiency” (not talking about the lack of the Charter)
o Absence of legal power to alter or amend essential distributive arrangements under which
legal authority is exercised
o No amending formula, in order to make changes Canada needed to ask Great Britain
- Since 1960s, Canada engulfed in mega constitutional politics:
o Constant negotiations about the nature of political community
- Quiet revolution 1960s
o Desire to be maitres chez nous (masters of our own house)
o Efforts to use Quebec state to protect French language
o Desire for greater power for provincial government (sparks federaslist/sovereignest
cleavage with Quebec)
o At the same time, Federal government seeks to Patirate Constitution (bring it home, and
create amending formula, Britain wanted this too)
o 1964: Fulton-Favreau fails
o 1965: Pierre Trudea moves to Ottawa
o 1966: Daniel Johnson wins election (egalite ou independence – equality or independence)
o 1971: Victoria Charter
- Victoria Charter
o Constitutional package discussed by Trudeau and Premiers in 1971
o Proposal: fundamental freedoms/language rights, amending formula,
composition/appointment of Supreme Court, formalized annual conferences of the Prime
Minister and the Premiers
o Quebec premier Robert Bourassa faced strong opposition from federalist and separatist
quarters, says they can’t accept the terms, and Victoria Charter fails
- 1976: Levesque (PQ) wins an election
o FLQ crisis had recently occurred
o Separatist party elected (Rene Levesque – promised secession referendum)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Politicization of the judiciary: interests groups, who becomes judges in supreme court, political implications of court decisions, judiciary infused with everyday politics. Charter has made judges much more powerful, has impacted other political institutions, and society. Main effect of a constitutional charter of rights and freedoms: influence of judiciary on every day politics, once in constitution, it has lots of power (rights are very important, symbolizes canada"s commitment to individual rights), Since 1960s, canada engulfed in mega constitutional politics: constant negotiations about the nature of political community. Victoria charter: constitutional package discussed by trudeau and premiers in 1971, proposal: fundamental freedoms/language rights, amending formula, composition/appointment of supreme court, formalized annual conferences of the prime. Minister and the premiers: quebec premier robert bourassa faced strong opposition from federalist and separatist quarters, says they can"t accept the terms, and victoria charter fails. Quebec votes no to separating: later that year, they vote no (60% no, 40% yes)
