Kitchen Accord

Definition

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.

5 Must Know Facts For Your Next Test

1. The Kitchen Accord was negotiated in a literal kitchen at 24 Sussex Drive during late-night discussions among key political leaders, including Prime Minister Pierre Trudeau.
2. It emerged as a response to provincial demands for greater autonomy and clarity in constitutional matters, showcasing the complexity of federal-provincial relations in Canada.
3. One significant outcome of the Kitchen Accord was the establishment of a constitutional amending formula that required agreement from both federal and provincial governments for changes.
4. The agreement laid the groundwork for the Constitution Act, 1982, which formally included the Charter of Rights and Freedoms, enhancing individual rights in Canada.
5. Not all provinces initially agreed with the terms of the Kitchen Accord, leading to ongoing debates about the legitimacy and fairness of the new constitutional framework.

Review Questions

• How did the Kitchen Accord facilitate the patriation of Canada's Constitution?
  • The Kitchen Accord played a vital role in facilitating the patriation of Canada's Constitution by establishing an informal agreement between the federal government and several provinces. This agreement aimed to address concerns raised by provinces regarding autonomy and influence over constitutional changes. By negotiating an acceptable amending formula within this context, it enabled Canada to transition away from British control over its constitutional matters.
• What were the primary concerns addressed by the Kitchen Accord during its negotiations?
  • During its negotiations, the Kitchen Accord primarily addressed concerns surrounding provincial autonomy and representation in constitutional matters. Provinces were worried about their ability to influence future amendments and ensure their rights were protected. The resulting amending formula attempted to balance federal authority with provincial interests, ensuring that significant changes would require consensus from both levels of government.
• Evaluate the impact of the Kitchen Accord on Canadian federalism and constitutional law post-1982.
  • The impact of the Kitchen Accord on Canadian federalism and constitutional law post-1982 has been profound. It established a framework for amending the Constitution that recognized provincial rights while also asserting federal authority. The introduction of the Charter of Rights and Freedoms further transformed Canadian legal principles by providing a robust protection for individual rights. However, debates around its legitimacy, particularly due to some provinces not agreeing with it, continue to influence discussions about federalism and governance in Canada today.

Related terms

Patriation:

The process of bringing the Constitution of Canada under Canadian control, ending the need for British approval for amendments.

Constitution Act, 1982:

The act that completed the patriation of the Constitution, which includes the Charter of Rights and Freedoms and outlines the new amending procedures.

Amending Formula: The set of rules established for making changes to the Constitution, outlined in the Constitution Act, 1982, which aims to balance federal and provincial powers.