PSCI 260 Feb. 3 presentation CONSTITUTION AND CHARTER 2014
• All ten provincial legislatures and the federal parliament had to ratify the
accord within three years
• Bit of bump with bill 101….
• In the end, neither the Manitoba nor the newfoundland and Labrador
legislatures passed the accord. …
• After trying to get legislatures on board, the accord dies…
Mulroney wants to do this one better
11 white men behind closed doors, no one else was allowed to be a part of it (issue)
went across the country
got hundreds of thousands of submissions from Canadians about what they like about the constitution..
the main components was that the Canada clause would be entrenched in the const. which would
recognized Quebec as a distinct society within Canada as well as being entrenched as a part of Canada
as a whole as well as have their own society … Mulroney really tried and wanted to put all the provinces
together. Wanted Quebec as a part of the rest.
Division of powers give more taxation powers to the provinces
Social rights, economic rights, right to public health care would be entrenched, right to housing, reasonable
standard of living… all the tings we didn’t have in the charter, would be put into the Charlottetown accord
Trudeau spoke out against the accords because he didn’t feel that Quebec should get special treatment…
didn’t want them to become on their own and cut the federal gov. out and then be special…
Demise of Charlottetown:
Charlottetown accord was put to a referendum
Every eligible Canadian would be able to have a say
Failed in Quebec because they didn’t think they got enough, they felt they should have gotten more…
1995 Quebec Referendum on Sov.:
another referendum on separation in Quebec
this was the question that Quebecers was asked…(on slide) Federal Plan A
End up with nonconstitutional renewal
No prime minister wants a separation of a province under his term …
Resolution is not a law but it’s a symbol of support
Federal gov. said to all provinces that if you want it you can have responsibility for labour laws…
Federal Plan B
Goes to supreme court and asks that if Quebec can ever do this again… Chretien asks so…
Supreme court says that it’s not legal …
Supreme court says that no one can unilaterally susseed but if you have a clear question and a clear
majority, there is an obligation to negotiate
Chretien devises a clarity act in 2000
So that fed. Gov. can have a say in what a clear majority is….
He says if you want to secede that’s fine, but you need to divide debt and taxes and negotiations…
involving first nations
Now we have a secession… not all federations have but we do in Canada out of necessity…if anyone
wants to leave, they have this option…
Points to Ponder:
What are the advantages and disadvantages in doing this?
What is the Charter of Rights and Freedoms?
Courts are the branch we can turn to… if you think rights have been violated etc.
What are Rights and Freedoms?
There should be protections for some of these rights
Right to a lawyer, fair trial, vote, run for office … some entitlements that are translated to fundamental rights
Freedoms are liberties, freedom from gov. intrusion, freedom of religion, expression .. etc. En route to the Charter:
Through parliamentary supremacy, our right