4) Constitutional Documents, Culture Groups, and Visible Minorities

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1 4) Constitutional Documents, Culture Groups, and Visible Minorities

2 Tips for the next lessons: Minority Group What strides have been made on behalf of the group? What setbacks have occurred? What kinds of current issues still exist for these stakeholders, or, what issues have arisen based on our efforts to remove barriers? French Canadians Aboriginal Canadians Research a group (on your own) that has been affected by laws, or, is fighting for adequate representation

3 Timeline of key Constitutional Documents Conflict and Compromise: Canada s Constitutional History

4 Royal Proclamation Established common law of England in all British territories in North America The Crown owned all non privately held land; prevented anyone from negotiating land deals with Aboriginal peoples without the authority of the Crown Granted aboriginal peoples title to use and occupy the land Outlined certain rights for Aboriginal peoples- described the relationship between Aboriginal peoples and the crown as a nation to nation Proclamation is still referenced to uphold the rights of Aboriginal peoples.

5 Quebec Act It guaranteed free practice of the Catholic faith. It restored the use of the French civil law for private matters while maintaining the use of the English common law for public administration, including criminal prosecution. Reflected in the current composition of the Supreme Court where three of the nine justices are from Quebec because of their expertise and experience in the Civil Code of Quebec

6 Constitutional Act Divided British North America into Upper and Lower Canada Upper Canada received English law and institutions Lower Canada retained French civil law and institutions, including seigneurial (semi-feudal) land tenancy, and the privileges accorded to the Roman Catholic Church. Established a government structure comprised of a Lieutenant-Governor, executive and Legislative assembly Executive was responsible to the Lieutenant-Governor and not the elected Legislative assembly

7 (BNA) Constitution Act Canada formed, 4 provinces (Ontario, Quebec, New Brunswick, Nova Scotia) BNA Dominion of Canada enacted by the British Parliament Established that Canada s system of government would be modeled on the British parliamentary system set out division of powers between Federal and Provincial guaranteed language, religion and cultural rights for French Canadians Constitutional Monarchy preservation of French civil law in Quebec

8 Statute of Westminster Amendment by British Parliament Ended Canada s colonial status Canadian government could now change laws previously passed as acts of British parliament that applied to Canada granted more autonomy for Canada full independence for Canada, responsibility for foreign affairs Canada could still not amend the BNA Act, because federal and provincial governments could not agree on amending formula

9 Supreme Court of Canada Established the Supreme Court of Canada as the highest and final court of appeal in the Country Supreme Court Act of 1875 established the Supreme Court of Canada, however it was not the supreme authority on Canadian law until 1949 before this time, the highest court was the English Privy Council

10 The Supreme Court Today final court of appeal; hears approx 120 cases per year appeal must be based on issue of law or an error on the part of a judge justices (judges) are appointed from Superior Court judges or lawyers with at least 10 years experience they must reside in Ottawa they must not have any other jobs or businesses they must retire at 75 years

11 Constitution Act Constitution was patriated (brought home by Prime Minister Trudeau Included an amending formula reached by all provinces except Quebec (they wanted veto power) Amending formula; any change to the Constitution must be agreed on by 2/3 of the provinces comprising 50% of the population Incorporated the Charter of Rights and Freedoms, entrenching the rights of Canadians

12 Meech Lake Accord The Progressive Conservative government of Prime Minister Brian Mulroney attempted to win Québec's consent to the revised Canadian Constitution since Quebec rejected it. Gave provinces more power and declared Quebec a distinct society with a right to protect its unique culture, but, was not ratified. All provincial legislatures had to agree to it though and Manitoba did not meet the deadline (no Native rights in it) Newfoundland refused to even vote on it

13 The Charlottetown Accord The Progressive Conservative government of Prime Minister Brian Mulroney attempted to win Québec's consent to the revised Canadian Constitution since Quebec rejected it. Recognized Quebec as a distinct society and gave Aboriginals special rights but in a national referendum 54% of Canadians voted against it *Quebec has still not signed but is subject to the Constitution and protected by the Charter

14 Focus on Quebec/French Canadians - Other things to keep in mind: - Boer War/Naval Crisis - World War I, World War II Conscription Crisis

15 The Quiet Revolution ( ) Although the Liberal government modernized economics and education in Quebec, French speaking Quebecois began to resist the English speaking economic and social dominance within Quebec, and began to assert their language and cultural rights through politics. Motto was Maitres chez nous. People felt the Liberal s government to change/protect Quebec was too slow; felt that Canada s interests were not reflective of Quebec s. The Canadian government under Pierre Trudeau introduced official bilingualism, guaranteeing federal government services in both languages through the Official Languages Act, 1969 (later refined in 1988).

16 Separatism During the 1960s Quebecers increasingly questioned their province s role within confederation Separatism meant different things to different groups of Quebecers for some it meant total independence as a political state, for others it meant sovereignty-association in a limited partnership with Canada In 1968 the Parti Quebecois (PQ) was formed and with this the separatist movement gained strength By 1973, PQ was the official opposition in Quebec Violent movements take rise (FLQ founded in 1963; independence or death, bombing kidnappings - James Cross and Pierre Laporte in October 1970)

17 Sovereignty-Association: concept put forth by the Parti Quebecois government whereby Quebec would become a sovereign jurisdiction in all areas of law making, but would maintain economic association with the rest of Canada (common currency) Exclusive power to make laws, levy taxes and establish foreign relations

18 The 1980 Referendum May 20, date for promised referendum on Quebec s future in Canada Campaigned for sovereignty-association Nearly 60% voted NON to sovereignty-association

19 The 1995 Referendum 1994 Elections brought a new man in power of PQ, Jacques Parizeau. After Meech Lake and Charlottetown, the Quebec government held a 2nd referendum on October 30, 1995 which asked the question should Quebec separate from the rest of Canada. Federalists argued economic costs of separation; Aboriginals opposed separation because they were uncertain whether or not they would be able to remain part of Canada Result % voted NON Federal government s response to this was trying to convince Quebecers that life in separate Quebec would be difficult and costly

20 Federal Government Response The federal government took action and referred the matter to the Supreme Court of Canada. The Supreme Court had to decide whether: 1. Under the Constitution of Canada, can Quebec secede from Canada unilaterally? 2. Under International Law, can Quebec secede unilaterally? 3. In the event of a conflict between domestic and international law on the right of Quebec to secede from Canada unilaterally, which one would take precedence over the other?

21 Supreme Court Decision Supreme Court of Canada ruled that Quebec had no unilateral right to secede without consulting the rest of Canada. However, the Supreme Court also stated: But.... the right of other provinces and the federal government cannot deny the right of the government of Quebec to pursue secession, should a clear majority of the people of Quebec choose that goal. Also... if the people of Quebec were to win a referendum by a clear majority on a clear question, then Canada has a constitutional duty to negotiate.

22 Aftermath of the S.C.C Decision Court did not define what a clear majority was- merely stated, It is for the political actors to determine what would constitute a clear majority on a clear question in the circumstances under which a future referendum vote may be taken

23 The Clarity Act, 2000 Wanting to have a framework and process in place if Quebec (or any other province) sought to separate from Canada, Bill C-20 (the Clarity Act) was enacted December 13, This Act outlined the rules and conditions to be met before the Canadian government enter into negotiations for the secession of any Province 1. It set out the principles and procedures that would require that any referendum question submitted to voters about succession be clear 2. Established that a clear majority of a provinces population is needed for a province to secede

24 The Clarity Act, 2000 cont If Quebec holds another referendum in the future regarding separation, no agreement will be negotiated without first establishing that the criteria for clarity have been met