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History of Canada – 1867 to Present
Table of Contents
Unit 11 Overview: Trudeau Era: Federalism and Rights (1968-1984)
11.1 Trudeau's Vision of Canada and Key Policies
11.2 Constitutional Negotiations and Patriation
11.3 The Charter of Rights and Freedoms and its Impact
11.4 Social and Cultural Changes during the Trudeau Years

The Trudeau era saw intense constitutional debates, culminating in the patriation of Canada's Constitution. This process aimed to bring the Constitution fully under Canadian control, ending the need for British involvement in amendments.

The Constitution Act, 1982 was the result of these efforts. It included the Charter of Rights and Freedoms, recognized Aboriginal rights, and established an amending formula. However, Quebec's refusal to sign led to ongoing tensions in Canadian federalism.

Patriation and the Constitution Act, 1982

The Process of Patriation

  • Patriation refers to the process of bringing the Constitution of Canada fully under Canadian control
  • Prior to 1982, the British North America Act, 1867 (later renamed the Constitution Act, 1867) served as Canada's constitution but could only be amended by the British Parliament
  • Prime Minister Pierre Trudeau sought to patriate the constitution, allowing Canada to amend its own constitution without British involvement
  • Patriation required the consent of the federal government and a substantial number of provinces

The Constitution Act, 1982

  • The Constitution Act, 1982 resulted from the successful patriation of the Canadian Constitution
  • Includes the Canadian Charter of Rights and Freedoms, which guarantees various civil and political rights for Canadians (freedom of expression, right to life, liberty, and security of the person)
  • Outlines the procedure for amending the Constitution, requiring the consent of the federal government and a specified number of provinces depending on the nature of the amendment
  • Recognizes and affirms Aboriginal and treaty rights

Impact on Canadian Federalism

  • Patriation and the Constitution Act, 1982 significantly altered the dynamics of Canadian federalism
  • The Charter of Rights and Freedoms placed limits on both federal and provincial governments, as laws could now be challenged on the basis of Charter rights
  • The amending formula outlined in the Constitution Act, 1982 gave provinces a formal role in constitutional amendments, enhancing their power relative to the federal government
  • Quebec did not formally consent to the Constitution Act, 1982, leading to ongoing tensions in federal-provincial relations (Quebec's distinct status, demands for recognition as a nation within Canada)

Failed Negotiations and Agreements

The Victoria Charter, 1971

  • The Victoria Charter was a proposed package of constitutional amendments negotiated by the federal and provincial governments in 1971
  • Included a formula for amending the Constitution in Canada, provisions for the appointment of Supreme Court judges, and the entrenchment of language rights
  • Failed to gain the necessary support from Quebec, as then-Premier Robert Bourassa withdrew his support due to concerns over the amending formula and jurisdiction over social policy

The Kitchen Accord, 1981

  • The Kitchen Accord was a failed attempt to reach a compromise on constitutional patriation between the federal government and eight dissenting provinces (all except Ontario and New Brunswick)
  • Negotiated in the kitchen of the Ottawa Convention Centre during a First Ministers' Conference in November 1981
  • Proposed a more decentralized amending formula that would have given each province a veto over certain types of constitutional amendments
  • Ultimately rejected by Prime Minister Trudeau, who proceeded with patriation without the full consent of the provinces

Key Issues and Compromises

The Quebec Veto

  • During constitutional negotiations, Quebec sought a veto over constitutional amendments to protect its distinct status and autonomy within the Canadian federation
  • The Victoria Charter included a provision for a Quebec veto, but the charter ultimately failed to gain Quebec's support
  • The Constitution Act, 1982 did not include a Quebec veto, contributing to Quebec's refusal to formally endorse the patriated constitution

The Night of the Long Knives, 1981

  • Refers to the night of November 4-5, 1981, during constitutional negotiations in Ottawa
  • After the failure of the Kitchen Accord, the federal government and nine provinces (excluding Quebec) reached a compromise on patriation and the amending formula
  • Quebec Premier René Lévesque felt betrayed by the other provinces, particularly by the reversal of the Gang of Eight (provinces opposed to Trudeau's patriation plan)
  • The incident heightened tensions between Quebec and the rest of Canada and contributed to Quebec's sense of isolation within the federation

The Notwithstanding Clause (Section 33)

  • The notwithstanding clause allows the federal parliament or provincial legislatures to override certain sections of the Charter of Rights and Freedoms for a five-year period
  • Included as a compromise to secure provincial support for the Constitution Act, 1982, particularly from provinces concerned about the Charter's impact on their legislative autonomy (Saskatchewan, Alberta)
  • The clause has been rarely used, with notable instances being Quebec's use to protect its language laws and Saskatchewan's use to protect back-to-work legislation

Key Terms to Review (24)

René Lévesque: René Lévesque was a prominent Quebec politician and the founder of the Parti Québécois, who played a crucial role in advocating for Quebec sovereignty and the Quiet Revolution. He is best known for his push for social and economic reform in Quebec, which helped spur a rise in Quebec nationalism and separatism during the 1960s and 1970s.
Federalism: Federalism is a political system in which power is divided between a central government and various regional governments, allowing both levels to operate independently in certain areas. This system is essential in balancing the governance of diverse populations and interests, ensuring local autonomy while maintaining national unity. The concept of federalism plays a crucial role in shaping the political landscape of Canada, particularly as it relates to the formation of the Dominion and subsequent constitutional negotiations.
British North America Act: The British North America Act, passed in 1867, is the legislation that created the Dominion of Canada by uniting the provinces of Ontario, Quebec, New Brunswick, and Nova Scotia into a single federal entity. This act laid the groundwork for Canada's federal structure, defining the powers and responsibilities of both the federal and provincial governments, and marking a significant shift in governance from British colonial rule to self-government.
Quebec: Quebec is a province in Canada, known for its distinct French-speaking population and rich cultural heritage. It played a crucial role in the political evolution of Canada, especially through its influence on the British North America Act, which shaped the Confederation, and its involvement in constitutional negotiations that led to the patriation of the Constitution.
Pierre Trudeau: Pierre Trudeau was a Canadian politician who served as the 15th Prime Minister of Canada from 1968 to 1979 and again from 1980 to 1984. He was a significant figure in Canadian politics, known for his charismatic leadership style and his role in shaping modern Canada, particularly in relation to social issues, constitutional changes, and multiculturalism.
Patriation Reference: The patriation reference refers to the legal and constitutional process through which Canada brought its Constitution under its own authority, specifically the Constitution Act of 1982. This process involved negotiations between federal and provincial governments, leading to the transfer of constitutional powers from the United Kingdom to Canada, symbolizing a significant step toward full sovereignty.
Secession Reference: A secession reference is a legal and political mechanism by which a region or province seeks to determine its right to separate from a larger political entity, often through a public vote. This term is crucial in understanding the constitutional negotiations surrounding Canada's federal structure, especially during debates about provincial autonomy and the rights of provinces to self-determination.
Sovereignty: Sovereignty refers to the ultimate authority and power of a state or governing body to govern itself without interference from external sources. It encompasses the concepts of political independence, territorial integrity, and the capacity to create laws and policies that reflect the interests and will of its people. In the context of constitutional negotiations and patriation, sovereignty becomes a pivotal issue as it defines the relationship between Canada and the British Parliament, ultimately leading to Canada's constitutional independence.
1867 Confederation: The 1867 Confederation refers to the process through which the British North American colonies of Canada, Nova Scotia, and New Brunswick united to form the Dominion of Canada on July 1, 1867. This significant political shift established a federal system of governance, allowing the provinces to maintain a degree of autonomy while being unified under a central government, laying the groundwork for Canada's future expansion and development.
Notwithstanding clause: The notwithstanding clause is a provision in the Canadian Charter of Rights and Freedoms that allows federal or provincial governments to pass laws that may operate notwithstanding or despite certain sections of the Charter. This clause essentially grants governments the power to override certain individual rights and freedoms for a specified period, making it a controversial yet significant feature in discussions surrounding constitutional rights and governmental authority.
April 17, 1982: April 17, 1982, marks the day Canada officially patriated its Constitution, bringing it home from the United Kingdom and establishing a fully Canadian constitutional framework. This significant event included the passage of the Constitution Act, 1982, which not only included the Charter of Rights and Freedoms but also outlined the amending formula for future changes to the Constitution, allowing Canada to amend its own laws without needing British approval.
Quebec veto: The Quebec veto refers to the constitutional provision that allows the province of Quebec to reject certain constitutional amendments. This mechanism recognizes Quebec's unique status within Canada and aims to protect its interests and cultural identity during constitutional negotiations and patriation efforts.
Kitchen Accord: The Kitchen Accord refers to an informal agreement made in 1981 between the federal government of Canada and several provinces to patriate the Constitution and establish a new amending formula. This agreement was crucial in shaping Canada’s constitutional landscape, as it aimed to address provincial concerns while facilitating the transfer of constitutional power from Britain to Canada.
Amending formula: The amending formula is a legal provision in the Constitution of Canada that outlines the process by which amendments can be made to the Constitution. This formula establishes specific procedures and requirements, including the need for approval from both federal and provincial legislatures, thereby ensuring that any changes reflect a consensus across different levels of government. It plays a crucial role in maintaining the balance of power and protecting the rights of provinces within the federal system.
Night of the Long Knives: The Night of the Long Knives refers to a series of political extrajudicial executions that took place in Germany from June 30 to July 2, 1934, aimed at consolidating Adolf Hitler's power by eliminating potential rivals within the Nazi Party and beyond. This purge primarily targeted leaders of the Sturmabteilung (SA), including Ernst Röhm, as well as other political opponents, solidifying Hitler's control over both the party and the military establishment.
Robert Bourassa: Robert Bourassa was a prominent Quebec politician who served as the Premier of Quebec from 1970 to 1976 and again from 1985 to 1994. His leadership was characterized by his significant involvement in constitutional negotiations and the patriation of the Canadian Constitution, especially concerning Quebec's distinct society and its rights.
First ministers' conference: A first ministers' conference is a meeting involving the premiers of Canada's provinces and territories and the Prime Minister, where they discuss key national issues and policies affecting the country. These conferences play a critical role in shaping Canadian federalism by fostering dialogue among various levels of government, influencing constitutional negotiations, and addressing matters such as resource management and health care.
Aboriginal rights: Aboriginal rights refer to the inherent rights of Indigenous peoples in Canada to their traditional lands, resources, and cultural practices. These rights are recognized as existing prior to colonialism and are essential for the survival and identity of Indigenous communities. They include both collective rights, such as land claims and self-governance, and individual rights tied to the cultural practices of Indigenous people, emphasizing their unique relationship with the land.
Charter of Rights and Freedoms: The Charter of Rights and Freedoms is a fundamental part of Canada's Constitution that guarantees certain rights and freedoms to all individuals in Canada. This charter was introduced in 1982, alongside the patriation of the Constitution, and it reflects Canada's commitment to protecting the civil liberties of its citizens, including freedom of expression, the right to a fair trial, and equality before the law. Its establishment marked a significant shift in Canadian law, emphasizing the importance of individual rights within the legal framework of the country.
Constitution Act, 1982: The Constitution Act, 1982 is a significant piece of legislation that patriated the Canadian Constitution from Britain and included the Canadian Charter of Rights and Freedoms. This act marked a pivotal moment in Canada's history as it established the legal framework for Canadian governance and ensured the protection of individual rights and freedoms. It also allowed Canada to amend its constitution without requiring approval from the British Parliament, emphasizing Canada's legislative independence.
Patriation: Patriation refers to the process of bringing the Constitution of Canada under Canadian control, which was completed with the passage of the Constitution Act, 1982. This act included important components such as the Charter of Rights and Freedoms, which enhanced the protection of individual rights. Patriation was a significant step in Canada's development as a fully independent nation, as it allowed Canada to amend its Constitution without requiring approval from the British Parliament.
Multiculturalism: Multiculturalism is a social and political approach that recognizes, appreciates, and promotes the cultural diversity of a society. It emphasizes the importance of different cultural backgrounds coexisting and contributing to a common national identity while ensuring that minority cultures are respected and valued.
Victoria Charter: The Victoria Charter was a proposed amendment to Canada's Constitution that aimed to address the concerns of provinces regarding their powers and responsibilities, and was developed during the constitutional discussions in the 1970s. It sought to provide a framework for better federal-provincial relations and clarify the division of powers while recognizing Quebec's distinct society. This charter is significant as it reflects ongoing constitutional debates and negotiations surrounding the Canadian federal structure.
Nationalism: Nationalism is a political ideology that emphasizes the interests and culture of a particular nation, often placing it above others. It played a crucial role in shaping identities and political landscapes, particularly during significant events like Confederation and constitutional negotiations. Nationalism can foster unity within a nation but may also lead to tensions with other nations or groups, as it promotes the idea of self-determination and national pride.