The patriation of the Canadian Constitution in 1982 was a historic moment in Canadian history, but it also left deep political divisions, most notably with the province of Quebec. For the first time, Canada had full sovereignty over its own constitution, no longer needing to rely on the British Parliament for amendments. However, Quebec, under the leadership of Premier René Lévesque and his Parti Québécois government, did not agree to the terms of the constitutional package. As a result, Quebec was excluded from the final agreement, leading to long-lasting resentment and a profound sense of betrayal that would define Canadian politics for the next decade.
Background to Patriation and Quebec’s Exclusion
The patriation process, led by Prime Minister Pierre Trudeau, sought to bring the Constitution under Canadian control and to include a Charter of Rights and Freedoms. Trudeau, a fierce federalist, saw this as a crucial step in strengthening Canadian unity and promoting individual rights across the country. However, the process proved deeply contentious, especially in Quebec, where the government sought more autonomy and greater recognition of its distinct status within the Canadian federation. Despite negotiations, the final agreement on patriation was reached without Quebec’s consent, further exacerbating the already fragile relationship between the province and the rest of Canada.
The deal that excluded Quebec was hammered out in what became known as the "Kitchen Accord," a late-night meeting among Jean Chrétien (then federal Minister of Justice), Roy McMurtry (Ontario’s Attorney General), and Roy Romanow (Saskatchewan’s Attorney General). This last-minute agreement sidestepped Quebec’s objections, and the province's premier, René Lévesque, was left out of the final discussions. The resulting bitterness in Quebec was palpable, with many in the province feeling that they had been humiliated and betrayed.
The Meech Lake Accord: A Chance for Reconciliation
In 1984, Brian Mulroney’s Progressive Conservative government came to power federally, while Robert Bourassa led the Quebec Liberals provincially. Both leaders were open to constitutional reform, and there was a sense that the time was ripe for a new agreement that would finally bring Quebec into the constitutional fold. Mulroney, who had made a campaign promise to secure Quebec’s signature on the Constitution, saw an opportunity to heal the wounds left by the 1982 patriation.
Robert Bourassa, now in his second term as premier, was willing to negotiate but made it clear that Quebec would need certain key concessions. Chief among these was the recognition of Quebec as a "distinct society" within Canada, a status that would reflect the province’s unique cultural and linguistic identity. Additionally, Bourassa demanded that Quebec gain greater control over federal appointments to the Supreme Court and Senate, and that the province be allowed to opt out of federal programs while still receiving funding. These demands were significant and reflected longstanding concerns in Quebec about maintaining its autonomy within the Canadian federation.
Mulroney, eager to secure Quebec’s participation and avoid further constitutional division, agreed to these terms. The result was the Meech Lake Accord, named after the location of the negotiations in Meech Lake, Quebec. The accord was hailed as a historic breakthrough, as it appeared to offer a way to resolve the constitutional conflict that had plagued the country since 1982.
The Terms of the Meech Lake Accord
The Meech Lake Accord contained several key provisions aimed at addressing Quebec’s concerns and reforming the relationship between the provinces and the federal government. The most notable components were:
Recognition of Quebec as a distinct society: This was the centerpiece of the accord. It sought to formally acknowledge Quebec’s unique role within Canada, reflecting its French-speaking majority and distinct culture.
Provincial input on federal appointments: The accord proposed giving provinces a say in appointments to the Supreme Court and Senate, which had traditionally been the purview of the federal government. This was seen as a way to give provinces more influence over federal decisions that affected them directly.
Opting out of federal programs: Quebec would be allowed to opt out of national programs, such as social welfare or health initiatives, and still receive federal funding to implement its own programs. This was an important demand for Quebec, which sought greater control over its social and economic policies.
Amending formula for constitutional changes: The accord sought to make it easier for provinces to initiate constitutional amendments and gave provinces more say in future changes to the Constitution.
Opposition and the Breakdown of Meech Lake
Despite the initial optimism surrounding the Meech Lake Accord, it quickly encountered resistance. The agreement needed to be ratified by all ten provinces within a three-year period, but cracks in the consensus soon emerged. The most notable opposition came from Manitoba and Newfoundland, where concerns about the implications of the accord for provincial autonomy and Indigenous rights led to intense debates.
In Manitoba, Elijah Harper, a Cree member of the provincial legislature, famously blocked the accord. Harper’s opposition centered on the fact that the accord made no mention of Indigenous rights or their place in Canada’s constitutional framework. His refusal to allow the necessary unanimous consent in the Manitoba legislature effectively killed the accord in that province. Harper’s stand drew attention to the broader issue of Indigenous exclusion in constitutional discussions, a theme that would resonate in Canadian politics for years to come.
In Newfoundland, Premier Clyde Wells also withdrew support for the accord, citing concerns about its implications for federal-provincial relations and the distinct society clause. Wells’ refusal to hold a vote on the accord further undermined its chances of success.
With Manitoba and Newfoundland refusing to ratify the agreement, the Meech Lake Accord collapsed in 1990, a devastating blow to Mulroney’s government and to efforts to bring Quebec into the constitutional fold.
Aftermath and Legacy
The failure of the Meech Lake Accord had profound implications for Canadian politics and the country’s relationship with Quebec. In Quebec, the accord’s collapse fueled a resurgence of separatist sentiment. Lucien Bouchard, a former Progressive Conservative cabinet minister, broke with Mulroney and formed the Bloc Québécois, a federal political party dedicated to promoting Quebec sovereignty. The Bloc’s rise in Quebec was swift, and it soon became a dominant force in the province’s political landscape.
The accord’s failure also deepened alienation in Quebec. Many Quebecers saw the rejection of Meech Lake as further proof that Canada was unwilling to recognize Quebec’s unique place within the federation. This sense of alienation would culminate in the 1995 Quebec referendum, where the province came within a hair’s breadth of voting for independence. Though the referendum was narrowly defeated, the issue of Quebec sovereignty remained a central issue in Canadian politics for years to come.
For Indigenous peoples, the failure of the Meech Lake Accord was seen as a victory in the fight for recognition and inclusion in the constitutional process. Elijah Harper’s stand against the accord brought Indigenous rights to the forefront of the national conversation, and subsequent constitutional discussions, such as the Charlottetown Accord, would include Indigenous voices more prominently.
Conclusion: The Lasting Impact of Meech Lake
The Meech Lake Accord remains one of the most significant and controversial moments in Canadian constitutional history. It represented an ambitious attempt to heal the divisions between Quebec and the rest of Canada and to create a more decentralized federal system that recognized the diversity of the country. However, its failure underscored the deep fault lines that still existed within the Canadian federation—between Quebec and English Canada, between Indigenous peoples and the state, and between the provinces and the federal government.
The collapse of Meech Lake not only deepened the constitutional crisis but also reshaped Canadian politics, leading to the rise of the Bloc Québécois and a renewed focus on Quebec’s place in Canada. It also highlighted the complexities of crafting a constitutional agreement that could satisfy all of the country’s diverse regions and interests. While subsequent efforts, such as the Charlottetown Accord, would also fail, the legacy of Meech Lake continues to shape Canada’s constitutional and political landscape to this day.
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