A timeline
History: Before 1981
For nearly 115 years, Canada’s Constitution was an act of the British Parliament (the British North America Act of 1867 or “BNA Act”), reflecting its colonial past. Making it the foundation of a truly independent country happened in stages shaped by clashing visions of nationhood that persist to this day.
The process engaged many long hours of negotiations and fractious debates on the part of politicians and public servants across the country. Indigenous Peoples, women, racial minorities, and others had to push to be heard — and, especially as patriation approached, push they did.
Canada map, 1867
Before the Constitution:
Forging Treaties 1700-1867
Before the Constitution:
Forging Treaties 1700-1867
Europeans arrived as early as the 1500’s and found a land settled by Indigenous Peoples. These Peoples had their own laws, religion and way of life. The colonizers negotiated agreements and treaties with the Indigenous Peoples to form military and political alliances, define relationships, and apportion land.
The earliest treaties were between the French and Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes. Peoples along the St. Lawrence River and around the Great Lakes. These included the Two Row Wampum (1613) and the Great Peace of Montréal (1701). Between 1725 and 1761, the British first made treaties with the Mi’kmaw and Maliseet in the Maritimes.
The Two Row Wampum Belt, 1613
Between 1760 and 1867, the British made several more treaties across much of what is now Canada. After Confederation, Canada negotiated numbered treaties in the Prairie Provinces and the Eastern Rockies. These treaties remain important and contentious constitutional documents.
The British North America Act
1867
The BNA Act
1867
The BNA Act
The British North America Act of 1867 brought together three British colonies to become Canada's first four provinces: Ontario, Québec, Nova Scotia, and New Brunswick. They formed a Dominion within the British Empire. The BNA Act divided powers between the newly created federal government and the provinces. There was no consideration given to an Indigenous order of government.
Confederation was largely a pragmatic project for economic development, mutual protection, and eventual western expansion. The BNA Act was designed to avoid the violent radicalism of the democratic, republican revolutions in France and America. The founders preferred the moderation, deference to authority, and stability provided by a constitutional monarchy.
Indigenous Status
Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes. Peoples were not consulted about the BNA Act. Instead, the federal government was assigned responsibility for “ Indians Indian is a term historically used by governments to describe the original peoples of North America - Indigenous and Aboriginal - but it is not considered respectful or accurate. It remains in section 91(24) of the Constitution and the “Indian Act”. , and lands reserved for the Indians Indian is a term historically used by governments to describe the original peoples of North America - Indigenous and Aboriginal - but it is not considered respectful or accurate. It remains in section 91(24) of the Constitution and the “Indian Act”. .”
One of the reasons for giving exclusive responsibility for “ Indians Indian is a term historically used by governments to describe the original peoples of North America - Indigenous and Aboriginal - but it is not considered respectful or accurate. It remains in section 91(24) of the Constitution and the “Indian Act”. ” and “Indian lands” to the federal government was to reflect the promise made in the Royal Proclamation of 1763, that protected Indigenous Peoples’ title to their lands. Later, through successive Indian Acts, the federal government laid out measures (including reserves, band councils, and official “Indian” status) that it would implement to govern and control Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes. Peoples. There was no mention nor thought given to the idea of an Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes. order of government in Confederation.
Canadian Federalism
Canada’s ongoing debate about divisions of power between the federal government and the provinces began with its founders. Those who wanted a strong central government argued it was necessary for raising the large pool of capital needed to build railways, communications networks, and if needed, to defend Canada from the United States. Others wanted to accommodate the regional economic, ethnic, religious, and linguistic differences between the original French settlers located primarily in Québec and the English and other ethnic groups in other provinces.
Federalism A system of government in which a country includes both a central government and a set of regional governments, which are not subservient to the central government but have their own separate powers. tried to recognize both perspectives: provinces controlled local matters, such as education and hospitals, and the federal government was in charge of areas of general national importance, such as transportation. But this division of powers was not satisfactory to everyone.
The BNA Act
Incomplete Sovereignty
Confederation did not make Canada a sovereign state. The BNA Act confirmed the British Monarch as Canada’s head of state, and Britain retained authority over foreign policy and defense. The highest court of appeal remained in London: the Judicial Committee of the Privy Council. Canadians were considered loyal subjects of the Crown. To change its Constitution, the Canadian Parliament had to submit a resolution to the British Parliament, which legally could refuse to make the change. And it was unclear whether this process for change needed any provincial consent.
And it was unclear whether this process for change needed any provincial consent.
National Expansion
Other provinces and territories joined the initial four in Confederation over the decades.
Provinces:
• Manitoba and the Northwest Territories,1870;
• British Columbia, 1871;
• Prince Edward Island, 1873;
• Saskatchewan and Alberta (formerly part of the NWT), 1905;
• Newfoundland, 1949.
Territories:
• Northwest Territories, 1870;
• Yukon, 1898;
• Nunavut, 1999.
William Lyon Mackenzie King, 1944
1919-1960
Seeking Independence
1919-1960
Seeking Independence
"[Will] anyone for one moment contend that this country is a sovereign nation…when we have to go to the British Parliament to ask for an amendment to our Constitution?"
— William Lyon Mackenzie King, then-Opposition Leader in the House of Commons, 1920
When Canada signed the Treaty of Versailles in 1919, which ended the First World War, it reflected the beginning of a new era. Canada had grown in wealth, population, and nationalism. Gradually it asserted the right to sign treaties and declare war on its own behalf. Yet it remained the only country in the world that needed to ask for permission from another country to amend its Constitution. In 1920, then-Opposition Leader Mackenzie King recommended that work start on an amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. — a set of rules for changing the Constitution.
Meanwhile, Great Britain seemed increasingly eager to get rid of the burden of running its Empire. The 1926 Balfour Declaration proclaimed that Canada and the other Commonwealth Dominions were “autonomous Communities within the British Empire”. Five years later, the British Parliament ended its own jurisdiction over Canadian legislation with the Statute of Westminster The area of Central London, UK, where the British Parliament is located. Therefore, “Westminster” is sometimes used as a synonym for the British Parliament, as in a phrase such as, “Trudeau threatened to appeal unilaterally to Westminster.” of 1931. From then on, no British law would apply in Canada, except for the BNA Act.
From then on, no British law would apply in Canada, except for the BNA Act.
However, Canada’s highest court of appeal remained Britain’s Judicial Committee of the Privy Council. In 1937, for instance, it declared unconstitutional much of former Prime Minister R.B. Bennett's New Deal legislation, which had provided national social welfare programs in response to the Depression.
After the Second World War, Canada took steps to make itself more independent. In 1947, Canadians achieved their own distinct citizenship as Canadians rather than as British subjects. In 1949, the Supreme Court of Canada replaced the Judicial Committee of the Privy Council as the highest court of appeal. But the question of an amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. for the Constitution had yet to be resolved. A federal-provincial conference in 1950 yet again failed to produce one.
"The record of Canadians in two world wars demonstrated beyond any question our ability and our capacity to bear the responsibilities of full nationhood. But our adult nationhood is not yet fully recognized in our Constitution and our laws."
— Prime Minister Louis St. Laurent, 1949
"The record of Canadians in two world wars demonstrated beyond any question our ability and our capacity to bear the responsibilities of full nationhood. But our adult nationhood is not yet fully recognized in our Constitution and our laws."
— Prime Minister Louis St. Laurent, 1949
What stood in the way was a more fundamental disagreement on the nature of federalism A system of government in which a country includes both a central government and a set of regional governments, which are not subservient to the central government but have their own separate powers. . One side saw Canada as a compact between two founding European peoples, English and French. This is asymmetrical federalism A system of government in which a country includes both a central government and a set of regional governments, which are not subservient to the central government but have their own separate powers. , which supports a special status for Québec, including a veto over constitutional changes within Confederation. The main competing view, known as symmetrical federalism A system of government in which a country includes both a central government and a set of regional governments, which are not subservient to the central government but have their own separate powers. , understands the federation as a contract between 10 equal provinces — with a veto for all or for none. Much of Canadian political history since Confederation has been about prime ministers struggling to preserve national unity, while provincial premiers fight for provincial rights. From the perspective of Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes. Peoples, it has been about ignoring the possibility of a federal structure that includes them.
Rally in Montreal, 1967
1960s
Quiet Revolution(s)
1960s
Quiet Revolution(s)
In the 1960s, new ideas and political and social developments were sweeping across Canada.
Québec’s Quiet Revolution A general term for the social upheavals and reforms in Québec in the 1960s. The period saw a significant diminishing of the power of the Catholic Church in provincial affairs and brought a self-consciously French-speaking majority into political control. It included drastic changes in social order and in Québec’s vision of its place within (or potentially outside of) Canadian federalism. : Until the 1960s, Québec French speakers were in an inferior economic and political position in their own province, despite being one of the founding peoples of Confederation. English was the dominant language of commerce and high society, as well as the civil service. French speakers earned, on average, two-thirds the income of English speakers, and francophones Someone who speaks French as their first or primary language; or, as an adjective, “French-speaking.” were rarely promoted to senior company positions. They feared being assimilated by the huge anglophone Someone who speaks English as their first or primary language; or, as an adjective, “English-speaking.” majority in North America.
From the mid-1930s through most of the 1940s and 1950s, this imbalance was maintained by Premier Maurice Duplessis's authoritarian Union Nationale government, supported by anglophone-run corporations and the socially conservative Roman Catholic Church. They feared being assimilated by the huge anglophone Someone who speaks English as their first or primary language; or, as an adjective, “English-speaking.” majority in North America.
Duplessis’s death in 1959 and the election of the Liberal The Liberal Party of Canada, a federal and provincial political party formed in 1867. Along with the Conservatives (formerly Progressive Conservatives), it is one of the two parties that has governed Canada since Confederation. Generally a centrist party. government in 1960 ushered in the Révolution tranquille (the Quiet Revolution) A general term for the social upheavals and reforms in Québec in the 1960s. The period saw a significant diminishing of the power of the Catholic Church in provincial affairs and brought a self-consciously French-speaking majority into political control. It included drastic changes in social order and in Québec’s vision of its place within (or potentially outside of) Canadian federalism. . It saw the rapid ascent of an educated, secular, francophone Someone who speaks French as their first or primary language; or, as an adjective, “French-speaking.” middle class, including professionals, social activists, artists, and union leaders. The majority came to see the Québec state as the medium for a distinct nation-building project. The majority came to see the Québec state as the medium for a distinct nation-building project.
The majority came to see the Québec state as the medium for a distinct nation-building project.
In 1962, the re-election slogan of Québec Liberal The Liberal Party of Canada, a federal and provincial political party formed in 1867. Along with the Conservatives (formerly Progressive Conservatives), it is one of the two parties that has governed Canada since Confederation. Generally a centrist party. leader Jean Lesage was “Maîtres chez nous” (“Masters in our own house”). He began to demand the recognition of Québec’s “special status.”
Québec reformed and expanded its provincial bureaucracy, established its own pension fund, and invested in schools, hospitals, highways, and hydroelectric dams. The government’s active role in protecting and promoting French was seen as vital.
Federal Response
In response to serious talk of Québec independence, including a string of violence in Montréal and Québec City, Prime Minister Lester B. Pearson replaced the colonial Royal Ensign flag with the Maple Leaf, and the national anthem, “God Save the Queen”, with “O Canada". He appointed
francophones
Someone who speaks French as their first or primary language; or, as an adjective, “French-speaking.”
to senior civil service positions. In 1963, he established the Royal Commission on Bilingualism and Biculturalism to expand that effort to the national level.
New Social Movements
Meanwhile, there was a growing appetite in the rest of the country for a civic and economic nationalism that would modernize the country. Oppressed peoples were mobilizing politically through much of the world. Some Canadians joined their southern neighbours in marching for the rights of Black Americans and against U.S. involvement in Vietnam. The
Indigenous
Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.
, civil rights, feminist, anti-war, and other social movements fought to expose the roots of inequality and for the recognition of equal human rights for all.
There were growing demands for popular involvement in political decision-making.
There were growing demands for popular involvement in political decision-making. Many began to doubt whether the first ministers The leaders of the ruling parties in the federal, provincial and territorial governments, including the Prime Minister and the premiers of each province and territory. Canada has fourteen first ministers. , all privileged white men, should be trusted with determining the constitutional future of the country in the closed-door process known as “executive federalism A system of government in which a country includes both a central government and a set of regional governments, which are not subservient to the central government but have their own separate powers. .”
Trudeau, 1967
1967-1976
Separation Anxiety
1967-1976
Separation Anxiety
Trudeau's Vision: By 1967, the brightest star of Pearson’s cabinet was his Minister of Justice, Pierre Elliott Trudeau. The charismatic Québec intellectual was displeased by Pearson’s concessions to Québec, believing that “special status” was a slippery slope towards separation. He saw the constitutional protection of language rights as a key to the survival of French Canada, and to ending the separatist movement.
Trudeau believed Canada needed a constitutionally protected bill of rights that could be applied equally to all individuals, coast to coast. He also fought to convince English speakers to abandon their sense of superiority, arguing for a pluralistic society in which people of different religions, languages, and cultures lived together as equals. In 1971, having become Prime Minister, Trudeau changed the terms of the Bilingualism and Biculturalism Commission to consider a policy of multiculturalism.
Trudeau launched a new round of constitutional debates. There would be six conferences over the next four years. By now, Québec was not the only province asserting its autonomy. The postwar role of government had grown in key areas of provincial jurisdiction, such as education, social services, and health care. Energy production and revenue also became a particular flashpoint. Most provincial premiers wanted more power within the federation.
Trudeau believed the nation-state should remain the most important player in an increasingly complex global community. He argued that Canada was already the world’s most decentralized federation in the world, and resisted any agreement that reinforced what he saw as the unfortunate trend toward rising provincial power.
The Victoria Charter
In June 1971 in Victoria, B.C., all 10 premiers and Prime Minister Trudeau reached a tentative agreement to patriate the Constitution from Britain to Canada. It included a new amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. , as well as a bill of rights to be entrenched in the Constitution, and terms for the protection of the French language within Canada. The amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. gave vetoes to Québec and to Ontario on any future constitutional changes. While all the first ministers The leaders of the ruling parties in the federal, provincial and territorial governments, including the Prime Minister and the premiers of each province and territory. Canada has fourteen first ministers. gave their tentative approval, they had 12 days to confirm.
Back home in Québec, opponents and media criticized Premier Robert Bourassa for agreeing, saying that he hadn’t gained enough provincial control for social programs. Bourassa worried the deal would prompt more political violence. It had been only half a year since the October Crisis, when the radical separatist Front de libération du Québec (FLQ) kidnapped a British Trade Commissioner and killed the Québec Labour Minister — and Trudeau had declared temporary martial law in response.
In the end, Bourassa withdrew his support for the Victoria Charter, to the applause of all parties in the Québec assembly, but to the chagrin of the Prime Minister and the other premiers. . Trudeau, incensed at Bourassa, said, “If you had any guts, this thing would be over.”
Stalemate
In October 1974, after being re-elected with a majority, Trudeau announced his intention to secure patriation within four years. There were more talks in 1975 and 1976, where Bourassa again resisted agreeing to terms of patriation, believing it could lose him the 1976 Québec election. (He lost anyway.)
In February 1976, frustrated by the impasse, Trudeau brought up the possibility of pursuing patriation unilaterally, without the consent of the provinces.
Sovereignty
Parti Québécois Victory
Bourassa’s Liberals The Liberal Party of Canada, a federal and provincial political party formed in 1867. Along with the Conservatives (formerly Progressive Conservatives), it is one of the two parties that has governed Canada since Confederation. Generally a centrist party. lost the 1976 Québec election to former Lesage minister and popular journalist René Lévesque and his Parti Québécois (PQ). Number one on the PQ platform was the sovereignty of Québec, though members disagreed about what independence actually meant. Some wanted immediate and full status as a separate country. Others wanted to move incrementally — to win a new country one power at a time from Canada, just as Canada was won from Great Britain. The PQ’s rise aroused a new sense of urgency across Canada about the country’s constitutional future.
The PQ’s rise aroused a new sense of urgency across Canada about the country’s constitutional future.
Trudeau, 1976 - Premier's Conference
1976-1980
Push and Pull
1976-1980
Push and Pull
December 1966, Premier's Conference: At the annual First Ministers’ Conference in December 1976, the premiers agreed constitutional patriation should not proceed without an expansion of provincial powers.
The meeting was Lévesque’s first, and the beginning of his cooperation with other premiers. Still, when asked what his main intentions were, he startled them by replying, "My intentions are to get out [of Canada].”
The meeting was Lévesque’s first, and the beginning of his cooperation with other premiers. Still, when asked what his main intentions were, he startled them by replying, "My intentions are to get out [of Canada].”
Task Force and Negotiations, 1978:
Trudeau responded to the PQ’s election by striking a task force on Canadian unity, the Pépin-Robarts Commission. It recommended the country seek a renewed federalism A system of government in which a country includes both a central government and a set of regional governments, which are not subservient to the central government but have their own separate powers. .
Meanwhile, the first ministers The leaders of the ruling parties in the federal, provincial and territorial governments, including the Prime Minister and the premiers of each province and territory. Canada has fourteen first ministers. held constitutional meetings in October 1978 and February 1979, trying to negotiate for more powers. Ottawa The capital city of Canada, where the federal Parliament buildings, the House of Commons and the Senate are located. For this reason, “Ottawa” is sometimes used as a synonym for the federal government, as in a phrase such as, “Ottawa refused any further negotiations.” offered concessions, but the provinces rejected them. They knew Trudeau was about to face a tough election, and they wanted to try their chances with a new prime minister, the Progressive Conservative The Progressive Conservative Party of Canada was the name of the main centre-right federal party between 1942 and 2003. It was formed from an alliance of the Conservative and Progressive Parties. It was succeeded by today’s Conservative Party of Canada. Many provincial parties retain the name Progressive Conservative. It was the Official Opposition party during most of the constitutional debates of the 1970s and early 1980s, but the governing party in a majority of the provinces. leader, Joe Clark.
Trudeau Out and Back, 1979-1980
As predicted, Trudeau lost the May 1979 federal election to Clark, who had campaigned in part on establishing a more province-friendly “community of communities” approach to Canadian federalism A system of government in which a country includes both a central government and a set of regional governments, which are not subservient to the central government but have their own separate powers. . He stepped down as leader of the party.
With an economic recession underway and after only nine months in power, Clark’s minority government When the ruling party in a legislative assembly or the House of Commons has more seats than any other party but falls short of a majority, it forms a minority government (sometimes with the support of one or more smaller parties). was defeated on a confidence vote. Meanwhile, Trudeau had resumed his position as leader of the Liberal Party. The following election returned a Liberal majority to power.
Incredibly, Trudeau had come back from the political dead. He returned with a new resolve to achieve what he saw as his historic mission: patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec. of the Constitution from Britain, a Charter of Rights, and quelling Québec separatism. He felt free to take risks, having announced he didn’t plan to run again.
One last run
Referendum
May 1980: Québec Referendum
On May 20, 1980, Lévesque and the Parti Québécois went to the people of Québec, asking for the first time if they wanted to be part of Canada or not. The referendum question was phrased in a way that was meant to sway moderates, by seeking only “a mandate to negotiate sovereignty-association The Parti Québécois term (souveraineté-association) for a desired arrangement in which Québec would become a separate country, but one in a political and economic “association” with Canada, including for instance a monetary union, or a common passport. ” with the federal government.
The rest of the country watched nervously. The anti-sovereignty side was internally split, led partly by Trudeau and partly by Québec Liberal The Liberal Party of Canada, a federal and provincial political party formed in 1867. Along with the Conservatives (formerly Progressive Conservatives), it is one of the two parties that has governed Canada since Confederation. Generally a centrist party. leader Claude Ryan. The two disagreed on special status for Québec. For Trudeau, it was critical that the “No” side won.
In his last big referendum campaign speech in Montréal, he vowed, “I can make a most solemn commitment that following a ‘No’ vote, we will immediately take action to renew the Constitution, and we will not stop until we have done that.”
In his last big referendum campaign speech in Montréal, he vowed, “I can make a most solemn commitment that following a ‘No’ vote, we will immediately take action to renew the Constitution, and we will not stop until we have done that.”
The “No” side won by a margin of 60 per cent, which included a majority of francophones Someone who speaks French as their first or primary language; or, as an adjective, “French-speaking.” . This was Trudeau’s opportunity to make good on his promise and to negotiate a constitutional deal.
Lévesque was deeply hurt. He had to admit that Québeckers wanted to give renewed federalism A system of government in which a country includes both a central government and a set of regional governments, which are not subservient to the central government but have their own separate powers. a chance.
This was Trudeau’s opportunity to make good on his promise and to negotiate a constitutional deal.
This was Trudeau’s opportunity to make good on his promise and to negotiate a constitutional deal.
Trudeau and Premiers in 24 Sussex, 1980
1980-1981
The Pressure Mounts
1980-1981
The Pressure Mounts
Talks, Summer of 1980: On June 9, 1980, Prime Minister Trudeau invited the premiers to meet at his Ottawa residence. He presented them with a list of items to be examined in committees over the summer and then brought to a first ministers’ meeting that September. The provincial leaders were not pleased.
Discussions continued that summer across the country in the CCMC - the Continuing Committee of Ministers on the Constitution - which was charged with trying to narrow the options available to the first ministers.
The ministers grew to know each other well, and a relationship formed between three attorneys general, Jean Chrétien (Canada), Roy Romanow (Saskatchewan) , and Roy McMurtry (Ontario), was important to the final accord.
Meanwhile, Lévesque engaged with the other premiers and, to some, seemed prepared to make a deal.
Still, the September talks were an unmitigated failure. The
first ministers
The leaders of the ruling parties in the federal, provincial and territorial governments, including the Prime Minister and the premiers of each province and territory. Canada has fourteen first ministers.
discussed a “best draft proposal” by the CCMC and presented the government with the “Château Consensus”. Trudeau dismissed the offer as “another provincial shopping list”, and the meeting ended with no resolution. Many premiers thought Trudeau wanted negotiations to fail so that he could go forward on his own — a suspicion reinforced by memos from Trudeau's advisors that were leaked before the conference.
Trudeau on TV
Trudeau on TV
In an address to the nation on October 2, 1980, Trudeau announced his “Joint Resolution to Amend the Constitution”, which he tabled in the House four days later. The plan included a constitutional bill of rights and two methods to amend the Constitution: the Victoria Formula This amending formula model was proposed as part of the failed Victoria Charter constitutional package in 1971, and remained part of negotiations for the following decade. It required that constitutional changes be approved by the federal government and a majority of the provinces, including at least two in Western Canada and two in Atlantic Canada. It also granted vetoes to the two largest provinces, Ontario and Québec. and A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues. referendums A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues. A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues. on constitutional amendments in the event of a deadlock between the two orders of government – to be initiated by the federal government. He proposed to patriate the Constitution from Britain without the consent of the provinces because, as he explained, demands for unanimous agreement stood in the country’s way. The government planned to recall the Canadian Parliament early and press the resolution through by Christmas before significant opposition could be mounted.
As Trudeau saw it, his resolution needed only to be passed by the House, the Senate The “upper house” of the Canadian Parliament, which reviews and approves all federal legislation initiated in either House. (It does not usually initiate legislation, although it has that power.) The Senate is comprised of 105 senators, who are appointed until the age of 75 by the Governor General on the advice of the Prime Minister. Senate seats are proportioned by region, in an attempt to balance the population-based membership of the House of Commons and improve regional equality in government. , and then the British Parliament.
So what if it was unpopular with the premiers? They were political elites. He could hold a referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues. , and the Canadian people would be on his side.
Unanimity gave each first minister a veto, and that veto was increasingly used to seek the particular good of a particular region or province. So we achieved the good of none; least of all did we achieve the good of all, the common good. We were led by the dictates of unanimity to bargain freedom against fish, fundamental rights against oil, the independence of our country against long-distance telephone rates.
-Pierre Trudeau, October 2, 1980
Trudeau’s resolution strategically divided constitutional issues into two:
• The so-called Powers Package, involving the premiers’ demands for more revenue and jurisdiction, many of which were put off to be dealt with at future negotiations
• The deftly named People’s Package, which included patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec. , Trudeau’s preferred amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. ( the Victoria proposal This amending formula model was proposed as part of the failed Victoria Charter constitutional package in 1971, and remained part of negotiations for the following decade. It required that constitutional changes be approved by the federal government and a majority of the provinces, including at least two in Western Canada and two in Atlantic Canada. It also granted vetoes to the two largest provinces, Ontario and Québec. from 1971), and a constitutionally entrenched bill of rights - a Charter of Rights and Freedoms The Charter sets out the rights and freedoms that are officially guaranteed by the Canadian Constitution, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” It is Part 1, sections 1-34 of the Constitution Act, 1982. .
He wanted the resolution rushed through the House and Senate in two months, sent on to Westminster The area of Central London, UK, where the British Parliament is located. Therefore, “Westminster” is sometimes used as a synonym for the British Parliament, as in a phrase such as, “Trudeau threatened to appeal unilaterally to Westminster.” for approval by January 1981, and back home in time for July 1, Canada Day.
But this wasn’t going to happen if the provinces or the Official Opposition The second largest party in a Canadian legislature is given Official Opposition status, which usually allows it special privileges in debate, public funding and office space, for example. had anything to do with it.
Trudeau's Allies
Ontario’s Premier Bill Davis and New Brunswick’s Premier Richard Hatfield decided to support the Prime Minister’s resolution. Davis agreed in exchange for Trudeau’s promise not to impose official bilingualism Canada is officially bilingual, which means that “English and French have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada”. Official bilingualism began in Canada when Parliament passed the Official Languages Act in 1969. It is included in the Official Languages section of the Charter of Rights and Freedoms. in the province of Ontario. Meanwhile, Hatfield’s support depended on a guarantee of official bilingualism Canada is officially bilingual, which means that “English and French have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada”. Official bilingualism began in Canada when Parliament passed the Official Languages Act in 1969. It is included in the Official Languages section of the Charter of Rights and Freedoms. for New Brunswick to protect the Acadian population there, and the entrenching of the principle of equalization Equalization is a federal program that transfers federal funds to provinces with below average capacities to raise revenues. Equalization payments (sometimes called transfer payments) are intended to ensure that all provinces are able to provide comparable levels of services, such as health care and education, at reasonably comparable levels of taxation. This principle is enshrined in the 1982 Constitution. . Still, both men preferred negotiation with the provinces to Trudeau’s unilateralism.
Trudeau’s resolution also garnered support from the federal New Democratic Party Formed to succeed the CCF in 1961, the New Democratic Party is the main left-wing, social-democratic federal and provincial party in Canada. It has never formed a federal government, but has won office many times at the provincial level, particularly in western Canada, but also in Ontario and Nova Scotia. . However, to satisfy his Western caucus (26 of the party’s 32 MPs Member of Parliament (federal). ), NDP Formed to succeed the CCF in 1961, the New Democratic Party is the main left-wing, social-democratic federal and provincial party in Canada. It has never formed a federal government, but has won office many times at the provincial level, particularly in western Canada, but also in Ontario and Nova Scotia. leader Ed Broadbent insisted on an amendment that protected and expanded provincial ownership and control of natural resources.
Polls showed Canadians broadly supported Trudeau’s package, but they also preferred a settlement that could be negotiated with the provinces.
Trudeau's Foes
The prime minister’s threat of unilateral action and partitioning of the constitutional agenda met with immediate resistance from a coalition of provinces who condemned his resolution as a thinly disguised federal power grab. They saw the Bill of Rights, a Charter, in particular, as a threat to provincial autonomy. A group of premiers — from British Columbia, Alberta, Manitoba, Québec, P.E.I., and Newfoundland — united in voicing their opposition to unilateral patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec. . This self-named Group of Six began to lobby the British Parliament. They also launched court challenges against Trudeau’s unilateral approach.
Hays-Joval and Citizen Activism
Also in October of 1980, the constitutional resolution with a new Charter of Rights as its centerpiece was offered to a special joint parliamentary committee, which included members of the Senate and the House of Commons The “lower” legislative assembly of Parliament (relative to the Senate’s “upper” house) in the Canadian Parliament. The House is composed of the popularly elected representatives of ridings (electoral districts) across Canada. , for study. This Hays-Joyal Committee The Special Joint Committee on the Constitution, chaired by Senator Harry Hays and MP Serge Joyal, in 1980 and 1981. It held three months of hearings (many televised) and took written submissions from more than 900 individuals and organizations on the federal government’s proposals for constitutional patriation. held televised hearings – a first for a parliamentary committee. As Jean Chrétien later explained, the Joint Committee provided a forum for the “normally unpowerful and unorganized” to have some input into the Charter.
Ordinary citizens began to follow along, realizing they had a stake in the outcome.
The Committee met 106 times over 56 sitting days from November 1980 to January 1981.
914 individuals and 294 groups submitted briefs, and 104 individuals and groups made oral presentations. As a result of the many presentations made, the Charter was significantly re-drafted five times.
Organizations such as the National Action Committee on the Status of Women, the National Indian Indian is a term historically used by governments to describe the original peoples of North America - Indigenous and Aboriginal - but it is not considered respectful or accurate. It remains in section 91(24) of the Constitution and the “Indian Act”. Brotherhood, the Canadian Civil Liberties Association, and the Canadian Association of Lesbians and Gay Men all became an important part of the patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec. story.
Activism
The Constitution Express
Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes. Peoples meanwhile had come together to launch a constitutional campaign, highlighted in November of 1980 by the “Constitution Express”. Two trains set out from Vancouver carrying hundreds of Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes. Peoples demanding their rights be included. This was followed by international lobbying efforts in New York, Europe and Britain.
The federal government agreed to delay any legislative action in order to hear their concerns. The Hays-Joyal hearings were extended into January 1981, and several Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes. groups made presentations.
Ad Hoc Committee of Canadian Women on the Constitution
Canadian women were not content to restrict their input on equality rights to the Hays-Joyal hearings. Among many other efforts, a Valentine’s Day 1981 constitutional conference was held in
Ottawa
The capital city of Canada, where the federal Parliament buildings, the House of Commons and the Senate are located. For this reason, “Ottawa” is sometimes used as a synonym for the federal government, as in a phrase such as, “Ottawa refused any further negotiations.”
despite an attempt by the government to prevent it. More than one thousand women from across the country who came to be known as the “ad hockers”, gathered to ensure that equality rights would be effectively protected in the Charter. As a result of that conference, section 28, a clause ensuring that notwithstanding anything in the Charter, the rights and freedoms in it are guaranteed equally to female and male persons, was added.
As a result of that conference, section 28, a clause ensuring that notwithstanding anything in the Charter, the rights and freedoms in it are guaranteed equally to female and male persons, was added.
The Gang of Eight
Six Becomes Eight, January-February 1981
Initially, Premiers Allan Blakeney of Saskatchewan and John Buchanan of Nova Scotia remained on the fence about joining the six premiers opposed to Trudeau’s resolution. Trudeau saw Saskatchewan in particular as key to the resolution’s success. It was a western province led by an NDP government, which could raise its cross-country and cross-party legitimacy. And he thought Blakeney could convince B.C. and Nova Scotia to join him.
In January of 1981, federal and Saskatchewan officials negotiated for three days in Toronto. A deal seemed imminent on the weekend when copies of a draft agreement were sent to Trudeau at his lakeside retreat house and to Blakeney on vacation in Hawaii. The two were supposed to speak Monday, but Trudeau missed the call because his car broke down between Montréal and
Ottawa
The capital city of Canada, where the federal Parliament buildings, the House of Commons and the Senate are located. For this reason, “Ottawa” is sometimes used as a synonym for the federal government, as in a phrase such as, “Ottawa refused any further negotiations.”
. (There were no mobile phones at the time.)
Meanwhile, Blakeney was pacing on his hotel balcony. He consulted his attorney general, Roy Romanow, who still had many reservations. Would the Senate, which the NDP ultimately proposed to abolish, maintain its veto on constitutional change? The federal side confirmed that it would.
On Tuesday morning, in a brief and abrupt call, Blakeney told Trudeau he didn’t think he could approve the resolution after all. And so Saskatchewan, as well as Nova Scotia, joined the Group of Six to form what media now dubbed the Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” .
Filibuster, March 1981
The
Official Opposition
The second largest party in a Canadian legislature is given Official Opposition status, which usually allows it special privileges in debate, public funding and office space, for example.
, led by PC leader Joe Clark, delayed Trudeau's resolution motion with a two-week filibuster (a tactic to extend debate indefinitely), starting in March 1981. Clark supported
patriation
The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec.
and the Charter in principle, but opposed unilateralism — and no doubt wanted to score political points against the
Liberals
The Liberal Party of Canada, a federal and provincial political party formed in 1867. Along with the Conservatives (formerly Progressive Conservatives), it is one of the two parties that has governed Canada since Confederation. Generally a centrist party.
.
PC leader Joe Clark
March 1981
Word from the Courts
Meanwhile, courts were making decisions on the challenges brought by the provinces. The Newfoundland Supreme Court unanimously decided that Trudeau’s unilateralism was unconstitutional, while courts in Manitoba and Québec said it was within the government’s rights to proceed in this way. The federal government quickly appealed the Newfoundland decision to the Supreme Court.
In Britain, a parliamentary committee had recommended against passing Trudeau’s resolution unless Ottawa The capital city of Canada, where the federal Parliament buildings, the House of Commons and the Senate are located. For this reason, “Ottawa” is sometimes used as a synonym for the federal government, as in a phrase such as, “Ottawa refused any further negotiations.” could obtain more provincial support. Three lawsuits were brought by Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes. Peoples to the British courts.
Trudeau tabled a revised resolution (incorporating some changes that came out of the public hearings) to Parliament in April 1981. All three federal parties agreed to wait until after the Supreme Court’s ruling to vote.
Bill Bennett Signing The April Accord, 1981
April-October 1981
The Stage is Set
April-October 1981
The Stage is Set
The April Accord: On April 16, 1981, the Gang of Eight presented its Canadian Patriation Plan, a counter-proposal to Trudeau’s resolution.
It became known as the April Accord: a unified statement of purpose, as well as a negotiating tool. Though negotiating the Accord revealed significant differences and strains between the members of the Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” , the agreement included:
• Rejection of a Charter of Rights;
• Support for the Vancouver amending formula The amending formula model, first proposed by Alberta in 1980, that was adapted and finally adopted as the primary constitutional amending formula in 1982. The formula treated provinces equally and had an opting-out clause. It requires that most constitutional changes be approved by the House of Commons and Senate, as well as the legislatures of two-thirds of the provinces, which must comprise at least 50 per cent of the population of Canada. : the federal government and at least seven provinces representing more than 50 per cent of the population on matters affecting provincial rights and powers, with the right to opt out Within limits, provinces have the right to choose not to participate in (that is, to “opt out of”) shared federal-provincial programs, or constitutional amendments that transfer responsibility from provinces to the federal government in educational or cultural areas. They may also demand financial compensation from Ottawa for costs associated with opting out. . Quebec gave up its historic claim to a veto for the right to opt out of amendments to the Constitution with financial compensation;
• No minority-language education clause;
• No mobility rights;
• Greater provincial control over natural resources;
• Principle of equalization Equalization is a federal program that transfers federal funds to provinces with below average capacities to raise revenues. Equalization payments (sometimes called transfer payments) are intended to ensure that all provinces are able to provide comparable levels of services, such as health care and education, at reasonably comparable levels of taxation. This principle is enshrined in the 1982 Constitution. , subject to the condition that Ottawa The capital city of Canada, where the federal Parliament buildings, the House of Commons and the Senate are located. For this reason, “Ottawa” is sometimes used as a synonym for the federal government, as in a phrase such as, “Ottawa refused any further negotiations.” resume negotiations over the next three years to redistribute federal and provincial powers by means of the new amending formula.
Predictably, the April Accord was quickly rejected by the federal government.
Divided Decision from the Supreme Court
On September 28, 1981, the Supreme Court issued its ruling: unilateral
patriation
The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec.
of the Constitution by the federal government was legal. However, the resolution offended the constitutional conventions developed in Canada over the years that the provinces should be consulted and that “substantial” provincial consent was advisable. But it left open precisely what that meant.
Trudeau felt that the justices had in fact invented a convention for substantial consent that had never existed. But, given the ruling, he agreed to host one last constitutional conference in November to see whether a deal could be struck. He assumed that the Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” would block an agreement, and he then could turn to the Canadian public for approval in a referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues. .
Ready to Fight
The stakes for this final meeting were very high as the premiers knew that if they could not come to agreement, Trudeau would go ahead unilaterally with the backing of the Supreme Court of Canada. Going into the November 1981
patriation
The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec.
conference, most members of the
Gang of Eight
The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.”
were confident they could block Trudeau. However, moderate members, such as B.C. and Saskatchewan, were engaging in confidential side talks with Ontario. There the outline of a new constitutional deal first began to take shape.
The patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec. conference held from November 2-5, 1981 was a difficult one. Just before 10:00 a.m. on the first day, the first ministers made opening statements which were televised across the country. Each one set out a firm position but showed some flexibility. After the televised opening round, the meetings moved to a smaller conference room, away from cameras. Only a select few advisers were allowed in. At the end of day three, no deal had been reached. But subsequent events that evening and the following day forever changed Canada.
History: Before 1981
For nearly 115 years, Canada’s Constitution was an act of the British Parliament (the British North America Act of 1867 or “BNA Act”), reflecting its colonial past.
History: Before 1981
Before the Constitution: Forging Treaties
The BNA Act
Seeking Independence
Quiet Revolution(s)
Separation Anxiety
Push and Pull
The Pressure Mounts
The Stage is Set
