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The Meech Lake Accord (french: Accord du lac Meech) was a series of proposed amendments to the
Constitution of Canada The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
negotiated in 1987 by
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
Brian Mulroney Martin Brian Mulroney ( ; born March 20, 1939) is a Canadian lawyer, businessman, and politician who served as the 18th prime minister of Canada from 1984 to 1993. Born in the eastern Quebec city of Baie-Comeau, Mulroney studied political s ...
and all 10 Canadian provincial premiers. It was intended to persuade the
government of Quebec A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is ...
to symbolically endorse the 1982 constitutional amendments by providing for some decentralization of the Canadian federation. The proposed amendments were initially popular and backed by nearly all political leaders. However, former Prime Minister
Pierre Trudeau Joseph Philippe Pierre Yves Elliott Trudeau ( , ; October 18, 1919 – September 28, 2000), also referred to by his initials PET, was a Canadian lawyer and politician who served as the 15th prime minister of Canada from 1968 to 1979 and ...
, feminist activists, and Indigenous groups raised concerns about the lack of citizen involvement in the Accord's drafting and its future effects on Canadian federalism, and support for the Accord began to decline. Changes in government in
New Brunswick New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and ...
,
Manitoba Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population o ...
, and
Newfoundland Newfoundland and Labrador (; french: Terre-Neuve-et-Labrador; frequently abbreviated as NL) is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region ...
brought ministries to power that declined to accept the Accord. Further negotiations were conducted but tension increased between Quebec and the predominantly English-speaking provinces. A dramatic final meeting among first ministers a month before the Accord's constitutionally-mandated ratification deadline seemed to show renewed agreement on a second series of amendments that would address the concerns raised in the intervening debates. Despite this, the original accord would not gain acceptance in the Manitoba or Newfoundland legislatures in time for ratification. Failure to pass the Accord greatly increased tensions between Quebec and the remainder of the country. The
Quebec sovereignty movement The Quebec sovereignty movement (french: Mouvement souverainiste du Québec) is a political movement whose objective is to achieve the sovereignty of Quebec, a province of Canada since 1867, including in all matters related to any provision o ...
gained renewed support for a time. The general aims of the Accord would be addressed in the
Charlottetown Accord The Charlottetown Accord (french: Accord de Charlottetown) was a package of proposed amendments to the Constitution of Canada, proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum on October ...
, which failed to gain a majority vote in a referendum.


Prelude

In 1981, negotiations between the federal and provincial governments to patriate the constitution, led by Prime Minister Pierre Trudeau, resulted in an agreement that formed the basis of the
Constitution Act, 1982 The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...
. Quebec Premier
René Lévesque René Lévesque (; August 24, 1922 – November 1, 1987) was a Québécois politician and journalist who served as the 23rd premier of Quebec from 1976 to 1985. He was the first Québécois political leader since Confederation to attemp ...
and the
Quebec National Assembly The National Assembly of Quebec (officially in french: link=no, Assemblée nationale du Québec) is the legislative body of the province of Quebec in Canada. Legislators are called MNAs (Members of the National Assembly; french: link=no, déput� ...
refused to approve the amendments and announced it would use a constitutional veto. The
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
ruled in the '' Quebec Veto Reference'' that Quebec did not have a veto, and the ''Constitution Act, 1982'' was operative in Quebec. In the 1984 federal election, the Progressive Conservatives, led by
Brian Mulroney Martin Brian Mulroney ( ; born March 20, 1939) is a Canadian lawyer, businessman, and politician who served as the 18th prime minister of Canada from 1984 to 1993. Born in the eastern Quebec city of Baie-Comeau, Mulroney studied political s ...
, committed to eventually allowing the National Assembly to accept the amendments "with honour and enthusiasm," won a majority government. The apparent lessening of tension prompted Lévesque to attempt the "'' beau risque''" of federal cooperation. His government split, leading to his resignation and the ultimate defeat of his sovereigntist
Parti Québécois The Parti Québécois (; ; PQ) is a sovereignist and social democratic provincial political party in Quebec, Canada. The PQ advocates national sovereignty for Quebec involving independence of the province of Quebec from Canada and establis ...
by the federalist
Quebec Liberal Party The Quebec Liberal Party (QLP; french: Parti libéral du Québec, PLQ) is a provincial political party in Quebec. It has been independent of the federal Liberal Party of Canada since 1955. The QLP has always been associated with the colour red; ...
of
Robert Bourassa Robert Bourassa (; July 14, 1933 – October 2, 1996) was a Canadian lawyer and politician who served as the 22nd premier of Quebec from 1970 to 1976 and from 1985 to 1994. A member of the Liberal Party of Quebec, he served a total of just un ...
in the 1985 provincial election. In his election platform, Bourassa outlined five conditions that would have to be met for Quebec to "sign on" to the constitution. They were recognition of Quebec's distinct character (as primarily Catholic and French-speaking), a veto for Quebec in constitutional matters, input from Quebec into the appointment of Supreme Court justices, entrenchment of Quebec's role in immigration, and a limit on the federal spending power. Bourassa considered the demands practical, as all elements of the conditions had previously been offered by the federal government to Quebec on different occasions. Bourassa and Mulroney, both pragmatic pro-business figures, had a far more congenial relationship than had Trudeau and Lévesque. Mulroney tasked
Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
Lowell Murray with coordinating a possible agreement with the provinces. Bourassa announced that talks could proceed based on the five conditions, adding only the provision that "recognition of Quebec's distinct character" had to be an interpretive clause rather than a symbolic note in a revised
preamble A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...
.The distinction is that an interpretive clause must influence any interpretation of the constitution when being judicially considered, as opposed to being a statement of values. At a meeting of the first ministers (the Prime Minister and provincial premiers) in
Edmonton Edmonton ( ) is the capital city of the Canadian province of Alberta. Edmonton is situated on the North Saskatchewan River and is the centre of the Edmonton Metropolitan Region, which is surrounded by Alberta's central region. The city an ...
in August 1986, the ministers agreed to the "Edmonton Declaration". It stated that a "Quebec Round" of constitutional talks based on the five conditions would occur before further reforms would be undertaken.


Consensus at Meech Lake

Believing that a constitutional agreement was possible, Mulroney called a conference with provincial premiers for April 30, 1987 at Willson House, located on the shores of Meech Lake, Quebec, in the
Gatineau Hills The Gatineau Hills (french: Collines de la Gatineau) are a geological formation in Canada that makes up part of the southern tip of the Canadian Shield, and acts as the northern shoulder of the Ottawa Valley. They are also the foothills of th ...
. In contrast to previous constitutional conferences, which tended to feature a multitude of bureaucrats and advisors, the 11 first ministers were the only participants at the bargaining table. Other officials were kept downstairs and the media was locked out of the negotiation process. Mulroney chaired the meeting, and agreement came quickly on the Supreme Court and immigration conditions, both of which were significantly an entrenchment of the status quo. The only agenda item added besides Quebec's conditions was
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
reform. After initially proposing abolition, Mulroney agreed to allow appointment from lists created by the provinces while awaiting further reform, which the provinces accepted. Changes to the amending formula and recognition of Quebec as a " distinct society" were the most contentious issues. Changes to the wording of the "distinct society clause" that also preserved rights for English and French minorities in other provinces gained acceptance by all representatives at the table. After nine hours, the Premiers and Mulroney announced a consensus for constitutional reform had been reached amongst the first ministers. The consensus would encompass five main modifications to the Canadian constitution: * Quebec was recognized as a "distinct society" in Section 2 of the ''
Constitution Act, 1867 The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
''. This would operate as an interpretive clause for the entire constitution; * More prospective constitutional amendments were now subject to s. 41 of the ''
Constitution Act, 1982 The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...
'', which meant they required the approval of every province and the Federal government, including Senate reform, proportionate representation in the House of Commons, and the addition of new provinces; * Provincial powers with respect to
immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, ...
were increased; * Provinces were granted the right for reasonable financial compensation from the federal government if that province chose to opt out of any future federal programs in areas of exclusive provincial jurisdiction; * The appointment of senators and
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
justices, traditionally a prerogative of the Prime Minister, would be drawn from a selection of names provided by the provincial governments.


Initial reaction

The initial reaction of the public was shock. Interest groups that had been involved in the constitutional debate, unaware that an agreement was practicable, had not thought to begin agitating for consultation. They were caught off balance by the accepted Accord. The only province to have public hearings after the Accord stage and before the legal text was drafted was Quebec. National public opinion polls initially showed that a majority of Canadians supported the proposed agreement. Liberal Party leader
John Turner John Napier Wyndham Turner (June 7, 1929September 19, 2020) was a Canadian lawyer and politician who served as the 17th prime minister of Canada from June to September 1984. He served as leader of the Liberal Party of Canada and leader of t ...
and
New Democratic Party The New Democratic Party (NDP; french: Nouveau Parti démocratique, NPD) is a federal political party in Canada. Widely described as social democratic,The party is widely described as social democratic: * * * * * * * * * * * * ...
leader Ed Broadbent announced their agreement with the consensus. The first prominent opposition, as reported by the media, was from former Prime Minister Trudeau. In an open letter published in both the ''
Toronto Star The ''Toronto Star'' is a Canadian English-language broadsheet daily newspaper. The newspaper is the country's largest daily newspaper by circulation. It is owned by Toronto Star Newspapers Limited, a subsidiary of Torstar Corporation and par ...
'' and ''
Le Devoir ''Le Devoir'' (, "Duty") is a French-language newspaper published in Montreal and distributed in Quebec and throughout Canada. It was founded by journalist and politician Henri Bourassa in 1910. ''Le Devoir'' is one of few independent large-c ...
'' on May 26, 1987, Trudeau attacked the Accord as a capitulation to provincialism and the end of any dream of "One Canada". Portraying "patriation" as the equalization of the bargaining power of federal and provincial governments that would allow Canada to survive indefinitely, Trudeau wrote that the new agreement made further devolution of powers inevitable. He referred to Mulroney as a "weakling," the Premiers as "snivelers," and invoked Bourassa's previous reneging of the Victoria Charter as suggesting that the Accord would be the beginning of concessions to Quebec and provincial interests. Trudeau's well-known position as an ardent federalist and a prominent Québécois helped express the opposition to the Accord for many of its opponents. He generated concerns with the Accord in other groups that had embraced the ''Charter'', such as Indigenous peoples, ethnic communities, and women. His position created turmoil in the federal and provincial Liberal parties, with the federal party split largely on linguistic lines, shaking John Turner's already fragile leadership.


Final agreement

As the final agreement was to be drawn together in Ottawa on June 2, 1987, Trudeau's intervention had made him, in the words of Mulroney advisor
L. Ian MacDonald L. Ian MacDonald (born 1947) is a Canadian writer, broadcaster, and diplomat. Biography MacDonald graduated from Concordia University (Loyola) in 1969 with an honours degree in political science. He has been a columnist for the Montreal Gazette ...
, a "twelfth participant". The meeting, seen as a formality to precede a signing ceremony the next day, instead lasted 19 hours. Manitoba NDP Premier Howard Pawley, faced with left-wing opposition to the consensus in his home province, insisted on more limited language regarding limits on the federal spending power in the final agreement. Ontario Premier
David Peterson David Robert Peterson (born December 28, 1943) is a Canadian lawyer and former politician who served as the 20th premier of Ontario from 1985 to 1990. He was the first Liberal officeholder in 42 years, ending the so-called Tory dynasty. Backgr ...
, as the sole Liberal at the table (Bourassa’s Quebec Liberal Party having severed ties with the Liberal Party of Canada in 1955), did not have support for it by most of his caucus (including his main adviser, Ian Scott). They opposed the consensus, and proposed a variety of amendments to the "federal spending power" and "distinct society" clauses. Pawley and Peterson agreed to follow each other's lead or back out together, to avoid either being seen as the cause of the collapse of talks. They asked Mulroney to take a harder line on federal powers. Trudeau's intervention had also created a separate backlash: Mulroney and the other eight Premiers, insulted by what they saw as undue interference, aggressively embraced the previous consensus. Bourassa in particular refused to move away from any of the Accord's major provisions. Negotiations went on through the night. They ultimately agreed on a clause promising that "the distinct society clause" would not derogate the ''Charter'', providing protections for multicultural and aboriginal rights, and tighter language regarding restrictions on the federal spending power. At a final roll call at 4:45 a.m. June 3, 1987, hours before the signing ceremony, Mulroney knowingly breached convention by taking the vote in reverse order around the table instead of the traditional order of a province's entry into confederation. Pawley, after pressure from federal NDP leader Ed Broadbent, conceded and approved the agreement. Peterson, the last to vote in this improvised formula, approved the final agreement on behalf of Ontario. At the symbolic signing ceremony, the Premiers signed the Accord. Bourassa declared that Quebec had become reintegrated in Canada to a standing ovation.


Debate


Support

Supporters of the Accord argued that it would provide a generation of constitutional peace and do so in a simple and understandable way without major structural changes to the Federal government or the Canadian federation. Bourassa described Quebec's exclusion from the 1982 agreement as a "hole in the heart" that had to be mended before Quebec could become a normalized participant in constitutional matters. Mulroney and others, acknowledging that the agreement focused on primarily Quebec concerns, described the agreement as a "bridge" that, once accepted, would allow for further negotiations with other groups to proceed with Quebec's full participation. Mulroney argued that the Senate and Supreme Court reforms would allow for greater involvement of other parties in what was generally a unilateral decision from the Prime Minister. It was an attempt to reduce what was seen as an overly powerful Prime Minister's Office. Mulroney would tell the ''Toronto Star'', "You can have the old style of warring federalism, or you can have genuine co-operative federalism, on which we're trying to build a new country." Proponents such as constitutional expert
Peter Hogg Peter Wardell Hogg (12 March 1939 – 4 February 2020) was a New Zealand-born Canadian legal scholar and lawyer. He was best known as a leading authority on Canadian constitutional law, with the most academic citations in Supreme Court jurisp ...
said that the "distinct society" clause was merely an "affirmation of a sociological fact". Chief Justice Brian Dickson noted that court decisions had for decades taken Quebec's "character" into consideration on a standard basis.


Opposition

Opponents of the Accord took issue with both the process and ultimate results of the negotiations. Process objections focused on the agreement being negotiated in circumstances considered to be opaque and undemocratic: the amendments were effectively drafted and agreed to by the Prime Minister and ten Premiers themselves in two meetings and were presented to their legislatures as a ''
fait accompli Many words in the English vocabulary are of French origin, most coming from the Anglo-Norman spoken by the upper classes in England for several hundred years after the Norman Conquest, before the language settled into what became Modern Engl ...
''. Some academics described the Accord as resulting from an exercise in "elite accommodation" not compatible with a more democratic Canada. Aside from Quebec, no province held public hearings on the Accord until opposition began to sprout. Some critics said that "distinct society" focus unbalanced the Federation, creating a "special status" for Quebec that would lead to asymmetrical federalism and the possible decline of the English-speaking community in Quebec and Francophones elsewhere in Canada. Aboriginal, feminist, and minority groups worried that the clause could be interpreted by courts to allow the Quebec government to disregard sections of the ''Charter of Rights and Freedoms'' and of other constitutional protections in the name of preserving the province's culture. Aboriginal groups were opposed to the amendments that involved constitutional change, as they had not had any representation in negotiations. Former Prime Minister Trudeau and similar critics argued that the further devolution of powers was unnecessary and did not result in any "trade-off" with the Federal government. Rather, the Accord reduced its ability to speak for all Canadians on matters of national interest. Western and Atlantic Canada particularly objected to the lack of more substantive reforms in how the Senate membership was chosen, especially as the Accord required further Senate reform to be subject to unanimous approval by the provinces. On the other hand, activists seeking sovereignty for Quebec were also unhappy; they generally opposed the agreement, believing that "recognition of Quebec as a distinct society" would be only moderately useful. They thought acceptance of the agreement would forestall devolution of further powers.


Procedural

Because the agreement would have changed the constitution's amending formula, it needed to obtain the consent of all provincial and federal legislatures within three years. The signatory Premiers undertook to have Accord approved as soon as possible. Quebec passed the Accord on June 23, 1987, triggering the three year time limit provided for by the Section 39(2) of the ''Constitution Act, 1982''; this meant that June 22, 1990, would be the last possible day the Accord could pass. Saskatchewan ratified the Accord on September 23, 1987, and Alberta did likewise on December 7, 1987. After the conclusion of public hearings,
New Brunswick New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and ...
premier Richard Hatfield was unable, despite significant pressure from Mulroney, to put the Accord to the floor of the provincial legislature. Hatfield's government lost every seat in the October 1987 New Brunswick election to the
Frank McKenna Francis Joseph McKenna (born January 19, 1948) is a Canadian businessman and former politician and diplomat. He is currently Deputy Chairman of the Toronto-Dominion Bank. He served as Canadian Ambassador to the United States from 2005 to 2006 ...
-led Liberals. McKenna had campaigned on requesting changes to the Accord, especially for protections for New Brunswick's linguistic duality, and demanded changes before passing the Accord in New Brunswick. The unanimous provincial consensus was now gone, and with it much of the Accord's political momentum. More surprising was the unexpected defeat of Howard Pawley's NDP majority government in Manitoba after a disgruntled backbencher voted against the government, prompting an election in April 1988. The result was a PC minority government under Gary Filmon that was tacitly supported by
Gary Doer Gary Albert Doer (born 31 March 1948) is a former Canadian politician and diplomat from Winnipeg, Manitoba, Canada. He served as Canada's ambassador to the United States from 19 October 2009, to 3 March 2016. Doer previously served as the 20th p ...
's NDP. The leader of the opposition, Liberal
Sharon Carstairs Sharon Carstairs (born April 26, 1942) is a Canadian politician and former Senator. Early life Carstairs was born in Halifax, Nova Scotia, the daughter of former Nova Scotia Premier and federal Senator Harold Connolly and his wife Vivian. She ...
, was a fervent opponent of the Accord, and was convinced some dissident PCs and NDP MLAs could be convinced to vote it down. The unstable confidence situation meant that all three leaders would have to negotiate on Manitoba's behalf. Trudeau was invited to both the Commons and Senate committee hearings to discuss the Accord, with his later Senate appearance lasting several hours. The Senate, the majority of whose members had been appointed by Trudeau, rejected the Accord, prompting the House of Commons to use s.47 of the ''Constitution Act, 1982'', to pass the amendment without the Senate's consent. The Accord played very little role in the 1988 Federal election, as all three parties supported the Accord and the
Canada–United States Free Trade Agreement The Canada–United States Free Trade Agreement (CUSFTA), official name as the Free Trade Agreement between Canada and the United States of America (french: links=no, Accord de libre-échange entre le Canada et les États-Unis d'Amérique), wa ...
was the dominant issue. Bourassa's Liberals, who supported free trade, lent tacit support to the federal Progressive Conservatives and their campaign in favour of the agreement. This support was later speculated to have been a cause of a disconnect between left wing intellectuals and support for the Accord, and was cited by the Manitoba NDP for their more lukewarm attitude toward the amendments after Pawley's retirement.


''Ford v. Quebec''

Shortly after the election, the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
ruled on '' Ford v. Quebec'', a compendium of cases regarding sign restrictions in the
Charter of the French Language The ''Charter of the French Language'' (french: link=no, La charte de la langue française), also known in English as Bill 101, Law 101 (''french: link=no, Loi 101''), or Quebec French Preference Law, is a law in the province of Quebec in Canada ...
. While acknowledging the protection of Quebec's French identity as a pressing and substantial objective, the Court ruled that the outright ban on English-language signs was a violation of the ''
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...
'' and ordered the language restrictions be struck down. The decision reignited the long-simmering debate over language use in Quebec: while English-language groups celebrated the decision, the Parti Québécois and nationalist groups demanded Bourassa use the notwithstanding clause to uphold the ''Charter of the French Language'' against the court ruling. Both Mulroney and Peterson pressured Bourassa not to use the notwithstanding clause, while prominent Quebec cabinet minister and nationalist Claude Ryan threatened to resign if the clause was not used. Bourassa opted to propose Bill 178, which continued the ban on outdoor signs and used the clause, causing four of his English-speaking ministers to resign and prompting general outrage in English Canada. Manitoba Premier Gary Filmon, calling the move a violation of the "spirit of Meech Lake", immediately ordered that public hearings regarding the Accord be ended and the Accord be withdrawn from consideration pending a new constitutional conference, officially joining New Brunswick in opposing the Accord. John Turner and the federal Liberals, who had gained little traction in Quebec from their pro-Meech stance in the previous election, attacked Mulroney for what was seen as Federal acquiescence to and, in the case of
Lucien Bouchard Lucien Bouchard (; born December 22, 1938) is a Canadian lawyer, diplomat and retired politician. Minister for two years in the Mulroney cabinet, Bouchard then led the emerging Bloc Québécois and became Leader of the Opposition in the Ho ...
and Louis Plamondon, approval of Bill 178.


Growing opposition

The Accord would gain a third opponent after the 1989 Newfoundland election, which saw PC premier Tom Rideout defeated by the Liberal Clyde Wells. Wells had campaigned against the Accord, as he was opposed to changing the amending formula before senate reform, the restrictions on the Federal spending power, and felt that distinct society would be used by Quebec to gain special status in confederation. Wells demanded a re-opening of the Accord. A conference held in November 1989 failed to break the logjam, and featured a bitter argument on national television between Wells and Mulroney. As the political discourse moved from the contents of the Accord to the possible results of its demise, palpable tension arose between English and French speakers throughout Canada. Using Bourassa's use of the notwithstanding clause as justification, groups such as the
Alliance for the Preservation of English in Canada An alliance is a relationship among people, groups, or states that have joined together for mutual benefit or to achieve some common purpose, whether or not explicit agreement has been worked out among them. Members of an alliance are called ...
convinced municipalities such as Sault Ste. Marie to pass bylaws outlawing the provision of French language services. A video clip of protesters stomping a Quebec flag in
Brockville, Ontario Brockville, formerly Elizabethtown, is a city in Eastern Ontario, Canada, in the Thousand Islands region. Although it is the seat of the United Counties of Leeds and Grenville, it is politically independent of the county. It is included with ...
was replayed frequently on Quebec television to symbolize English Canada's opposition to the Accord.


Charest Commission and Bouchard

The Accord required passage in Manitoba, New Brunswick, and, after Wells used s. 46(2) of the ''Constitution Act, 1982'', to revoke the province's previous assent, Newfoundland. Hope for the Accord gained momentum after New Brunswick proposed a series of alternate concerns that would have to be addressed to enable passage of the original agreement.
Jean Charest John James "Jean" Charest (; born June 24, 1958) is a Canadian lawyer and former politician who served as the 29th premier of Quebec from 2003 to 2012 and the fifth deputy prime minister of Canada in 1993. Charest was elected to the House o ...
, a former cabinet minister, was tasked with heading a commission on addressing New Brunswick's concerns on March 22, 1990, which expanded into an attempt to forge an all-party consensus on the Accord. Despite his opposition, leading Liberal leadership candidate Jean Chrétien, wishing the issue to be off the table, contributed to the commission via a back channel. On May 17, 1990, the commission recommended a companion accord that would be approved by all provinces along with Meech Lake; This would permit the original accord to stay in place, saving face for Quebec and the federal government, while addressing the concerns of other provinces. The companion Accord asserted that the distinct society clause would be subject to the ''Charter'' and would feature greater protections for minority language rights in the provinces. Bourassa dismissed the report the day it was released. Anger at reading its contents in Paris prompted
Lucien Bouchard Lucien Bouchard (; born December 22, 1938) is a Canadian lawyer, diplomat and retired politician. Minister for two years in the Mulroney cabinet, Bouchard then led the emerging Bloc Québécois and became Leader of the Opposition in the Ho ...
, environment minister and Mulroney's Quebec lieutenant, to send a telegram to a gathering in his native Alma lavishly praising the Parti Québécois and René Lévesque to be read by PQ leader Jacques Parizeau. Upon his return to Canada, Mulroney demanded Bouchard clarify the remark or resign, and Bouchard supplied a lengthy letter of resignation on May 22, 1990. The two men, who had been close friends since attending
Laval University Laval means ''The Valley'' in old French and is the name of: People * House of Laval, a French noble family originating from the town of Laval, Mayenne * Laval (surname) Places Belgium * Laval, a village in the municipality of Sainte-Ode, Lux ...
together, never spoke again. Bouchard sat as an independent. He made a speech in defence of the original Meech accord and stated that without it, sovereignty was the only option. Bourassa announced his support of Bouchard's action from the National Assembly, and said it provided a clear warning to English Canada of what would occur if Meech failed.


"The Last Supper" and the Companion Accord

On June 3, 1990, after each premier met individually with the prime minister at
24 Sussex Drive 24 Sussex Drive, originally called ''Gorffwysfa'' and usually referred to simply as 24 Sussex, is the official residence of the prime minister of Canada, located in the New Edinburgh neighbourhood of Ottawa, Ontario. Built between 1866 and 1868 by ...
, the first ministers met at the
Canadian Museum of Civilization The Canadian Museum of History (french: Musée canadien de l’histoire) is a national museum on anthropology, Canadian history, cultural studies, and ethnology in Gatineau, Quebec, Canada. The purpose of the museum is to promote the heritage of C ...
in
Hull Hull may refer to: Structures * Chassis, of an armored fighting vehicle * Fuselage, of an aircraft * Hull (botany), the outer covering of seeds * Hull (watercraft), the body or frame of a ship * Submarine hull Mathematics * Affine hull, in affi ...
. Scheduled as a one-day meeting, the premiers instead met for a week at the National Conference Centre and the Government Conference Centre. The combined media presence outside lent to an atmosphere of chaos and drama, with repeated intonations by Mulroney and other federal officials that acceptance of the accord was necessary for the very survival of Canada. As the process wore on, journalists noted that the secrecy and spin began to echo the original meetings that had created problems in the first place. According, to historian
Michael Bliss John William Michael Bliss (1941–2017) was a Canadian historian and author. Though his early works focused on business and political history, he subsequently authored several important medical biographies, including of Sir William Osler. Blis ...
, "Many found the spectacle nauseating." After a first day that was unsuccessful, McKenna attempted to start conversation by announcing that New Brunswick would support the Accord. The second day saw Filmon agree to a second accord being enacted a number of months after the original passed, allowing for all sides to show more flexibility. At the meeting, Bourassa conceded that a second accord could be adopted that included a guarantee that distinct society would not weaken gender equality and give the territories involvement in the appointment of senators and Supreme Court justices. The Premiers also agreed to hold future conferences on Aboriginal and minority language issues, the creation of a "Canada Clause" to guide judicial decisions in the same manner as "distinct society", a new process for how new provinces would be formed, and a new amending procedure. Wells, however, was still not satisfied with the proposed conditions, and threatened to walk out of the conference. After being physically stopped by Alberta Premier Don Getty, he was asked what his conditions were for acceptance, and Wells replied that he needed a guarantee that Senate reform would be carried out. The Ontario delegation then proposed a new formula: A clause would be placed in the new accord for Senate reform negotiations to continue to 1995. If negotiations failed by 1995, Ontario would agree to give up 6 Senate seats, meaning that Quebec would have 24 seats, Ontario 18, Prince Edward Island 4, and the remaining provinces 8. Wells immediately agreed in principle. The next day, another signing ceremony was held, but Wells protested that the draft agreement had deleted a request that a 10-year review be conducted on the distinct society clause without informing him. The clause was never seriously considered by Federal negotiators who, thinking it would be a poison pill for Quebec, had never brought it to Bourassa's attention. Wells put an asterisk next to his signature, but promised that the Accord would be put before the Newfoundland House of Assembly or to a referendum.


Final days

The apparent success of the negotiations was offset by a severe public relations blunder the following day: Mulroney, when describing the negotiation process to ''
The Globe and Mail ''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
'', stated that he had intentionally scheduled the final conference until the last few days before the amendment could be passed to put pressure on the attendees, which would allow him to "roll the dice" and force the deal to go through. Susan Delacourt and Graham Fraser reported Mulroney's remark, which prompted general outrage in both the political class and in the public for its apparently flippant nature, which contrasted heavily with Mulroney's somber language and remarks about the necessity of the accord passing during the previous conference. Filmon and Wells both expressed their displeasure with the remark, and Filmon declared that, while he would place the accord in front of the Manitoba legislature, he would not exempt the accord from public hearing requirements. Liberal leader Jean Chrétien, who had been considering endorsing the Accords, backed off after the remark. Peterson and Stanley Hartt, Mulroney's chief of staff, believed that the remark killed any chance of the accord passing.Newman suggests that the remark itself wasn't even true, as a variety of foreign heads of state had visited and crowded the Prime Minister's schedule. (Newman, 128) Wells had determined that a referendum was impractical in the short time period, and arranged for the Accord to be put to a free vote in the Newfoundland House of Assembly, with himself opposing ratification. In a highly unusual maneuver, Mulroney, Peterson, and McKenna addressed the House of Assembly and urged them to accept the Accord. On the final day ratification was possible, June 22, 1990, unanimous support was still required to bypass the necessary public consultations in the Manitoba Legislative Assembly and proceed with ratification. Elijah Harper raised an eagle feather to mark his dissension, on the grounds that Aboriginal groups had not been consulted on either Accord. As the amendment could not proceed, Filmon contacted Wells in Newfoundland and advised that the Amendment would not reach the floor. Accordingly, Clyde Wells and opposition leader Tom Rideout agreed to cancel the planned free vote in the Newfoundland House of Assembly as unnecessary, their belief is that it likely would have been a refusal. Peterson, Mulroney, and McKenna argue that Wells undertook to put the Accord to a vote before the ratification deadline, but Wells disagreed with that interpretation. Pursuant to Section 39(2) of the ''Constitution Act, 1982'', on June 23, 1990, the amendments lapsed. They had received the assent of the federal government and eight provinces totaling 96% of the population.


Aftermath


Quebec

In a speech to the
National Assembly of Quebec The National Assembly of Quebec (officially in french: link=no, Assemblée nationale du Québec) is the legislative body of the province of Quebec in Canada. Legislators are called MNAs (Members of the National Assembly; french: link=no, dépu ...
delivered the next day, Bourassa captured the nationalist sentiment of the moment:
Jacques Parizeau Jacques Parizeau (; August 9, 1930June 1, 2015) was a Canadian politician and Québécois economist who was a noted Quebec sovereigntist and the 26th premier of Quebec from September 26, 1994, to January 29, 1996. Early life and career Pariz ...
, leader of the opposition, crossed the floor to shake Bourassa's hand and referred to him as "my Premier". On June 25, an estimated 500,000 Quebecers marched in the Saint-Jean-Baptiste Day celebrations in Quebec City, during which actor Jean Duceppe delivered a speech calling for independence. Polls at this time showed a majority of 61–64% in favour of sovereignty-association. Bourassa, in an attempt to constructively capture nationalist sentiment, declared he would negotiate only with the Federal government, and later passed Bill 150, which promised a referendum by October 26, 1992, on a revised constitutional agreement or sovereignty for Quebec. Despite these initiatives, Bourassa remained privately committed to federalism, believing that sovereignty, while possible, was unworkable. Bouchard and other alienated Quebec MPs united to form the
Bloc Québécois The Bloc Québécois (BQ; , " Quebecer Bloc") is a federal political party in Canada devoted to Quebec nationalism and the promotion of Quebec sovereignty. The Bloc was formed by Members of Parliament (MPs) who defected from the federal Prog ...
under his leadership.


Other provinces

Ontario Premier
David Peterson David Robert Peterson (born December 28, 1943) is a Canadian lawyer and former politician who served as the 20th premier of Ontario from 1985 to 1990. He was the first Liberal officeholder in 42 years, ending the so-called Tory dynasty. Backgr ...
had, reluctantly, played a prominent role in creating the accord and continued to support it in the face of growing opposition. This led to a backlash in his own province, especially regarding his promise to provide Senate seats to other provinces. He was defeated by
Bob Rae Robert Keith Rae (born August 2, 1948) is a Canadian diplomat and former politician who is the current Canadian Ambassador to the United Nations since 2020. He previously served as the 21st premier of Ontario from 1990 to 1995, leader of th ...
's NDP within months in a
snap election A snap election is an election that is called earlier than the one that has been scheduled. Generally, a snap election in a parliamentary system (the dissolution of parliament) is called to capitalize on an unusual electoral opportunity or to ...
. In response to criticism of the Accord, British Columbia and Alberta enacted legislation requiring future constitutional amendments to be put to a referendum before being approved by the legislature. Mulroney's popularity plummeted. Many condemned his handling of the accord, and the exhaustive and interminable debates over it caused a backlash against further constitutional negotiations. In November 1990, Mulroney sought the input of Canadians on the country's constitutional future by convening the Citizen's Forum on National Unity. The forum was more commonly known as the ''Spicer Commission'', after its chair,
Keith Spicer Keith Spicer (born March 6, 1934) is a Canadian academic, public servant, journalist and writer. Between 1970 and 1977, Spicer was the first Commissioner of Official Languages of Canada. Education Spicer holds a BA in Modern Languages (French a ...
. A variety of constitutional conferences and the efforts of former Prime Minister
Joe Clark Charles Joseph Clark (born June 5, 1939) is a Canadian statesman, businessman, writer, and politician who served as the 16th prime minister of Canada from 1979 to 1980. Despite his relative inexperience, Clark rose quickly in federal polit ...
resulted in the
Charlottetown Accord The Charlottetown Accord (french: Accord de Charlottetown) was a package of proposed amendments to the Constitution of Canada, proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum on October ...
, which contained many of the same proposals, along with concrete involvement of First Nations groups. The Charlottetown Accord, unlike Meech Lake, was put to referendums (on October 26, 1992), but it was also defeated in most provinces, including Quebec. Following these attempts to make further amendments to the Constitution have been recognized as extremely difficult. No serious attempt has been made since to alter the Constitution.


See also

* '' The Black Sheep'' (, 1992 documentary film * First Nations * The Canadian Crown and Aboriginal peoples


Notes


References


Bibliography

* * * *


Further reading

* * * *


External links


The Meech Lake Accord

Barbara Frum interview with Trudeau for CBC's ''The Journal''Video of the whole Bourassa's speech on SRC.ca
(French)
English translation


{{Constitution of Canada, debates Constitution of Canada 1987 in Canada 1990 in Canada