Meech Lake Accord
The
Meech Lake Accord was a set of failed amendments the
Constitution of Canada negotiated in 1987 by
Prime Minister Brian Mulroney and the provincial premiers, including
Robert Bourassa,
premier of Quebec. It was designed to persuade
Quebec to endorse the
Canada Act.
In 1981, a round of negotiations led by Prime Minister
Pierre Elliott Trudeau to
patriate the constitution reached an agreement that formed the basis of the
Constitution Act, 1982. Although this agreement passed into law, augmenting the
British North America Acts as the constitution of the land, it was reached over the objections of
Quebec Premier René Lévesque, and the
Quebec National Assembly refused to ratify the amendment. However, the
Supreme Court of Canada ruled in the
Quebec Veto Reference that neither Quebec nor any other province had a veto to prevent the federal government from petitioning the British Parliament to pass the Canada Act 1982, and that the new constitution applied to all provinces notwithstanding their disagreement.
Brian Mulroney's election as Prime Minister and
Robert Bourassa's re-election as Premier of Quebec created a new climate, one that was different from the bitter opposition between Pierre Trudeau and René Lévesque. Bourassa gave five key demands for Quebec to sign on to the Constitution.
The accord was negotiated at a meeting between Mulroney and provincial premiers at Willson House at
Meech Lake in the
Gatineau Hills in
1987.
It identified five main modifications to the Canadian constitution:
*a recognition of the
province of Quebec as a "
distinct society";
*a restoration of Constitutional Veto;
*increased provincial powers with respect to
immigration;
*extension and regulation of the right for a reasonable financial compensation to any province that chooses to
opt out of any future federal programs; and
*provincial input in appointing senators and
Supreme Court judges.
Because the accord would have changed the
constitution's amending formula and modified the Supreme Court, it needed to obtain the consent of all provincial and federal legislatures within three years. Mulroney would term this the "Quebec round" of Constitutional talks, and promised future reforms after the Accord had been approved.
Opposition leaders generally agreed to the Accord.
Liberal Party leader John Turner was put into a tough position, considering the popularity of the agreement in Quebec (a traditional Liberal stronghold) and the Trudeau ideal of federal power. He soon agreed to the Accord, causing a rift in his caucus.
New Democratic Party leader
Ed Broadbent also agreed with the Accord.
Preston Manning of the upstart
Reform Party opposed it, saying it gave Quebec unequal status among provinces.
While the ten Premiers agreed to the Accord, public opinion became very divided. Most controversial was the "distinct society" clause: Many found granting "special" status to Quebec unfair, and even insulting. The biggest backlash came when Bourassa used the "
notwithstanding clause" of the Canadian Constitutiton to overrule the
Supreme Court's decision to strike down parts of Quebec's Bill 178, which toughened the requirements for French predominance on signs and banned English ones. Bourassa's treatment of the English language in Quebec lead many to condemn him as a hypocrite for demanding "distinct status."
Arguments against the Accord also focussed on the devolution of federal powers and control to the provincial governments. Former Canadian Prime Minister
Pierre Trudeau spoke out against the Accord, claiming Mulroney "sold out" to the provinces. Trudeau argued that Quebec, while distinct, was no more distinct than many other places in the nation. He also stated his belief that the federal government should oppose many provincial initiatives to keep the balance of powers within Confederation. In a newspaper opinion piece, Trudeau wrote: "[T]he federation was set to last a thousand years. Alas, only one eventuality hadn't been foreseen: that one day the government of Canada would fall into the hands of a weakling. It has now happened." Some Liberal MPs called on Trudeau to be their "spiritual leader" against the Accord, further undermining John Turner's already fragile leadership.
The way the Accord was agreed to also created many problems, especially because the process did not have any sort of public sanction. The ten Premiers came to be seen as an "old boys club", dealing the future of the country behind closed doors.
As the deadline approached, however, the consensus began to unravel. Pressure from voters at home brought many Premiers, especially those in the Western provinces, under fire. The Accord became an issue in some provincial elections, as
New Brunswick elected the Liberal government of
Frank McKenna and revoked the previous administration's approval of the Accord.
Newfoundland Premier
Clyde Wells would soon do likewise.
With a matter of months before the Accord deadline, a commission lead by prominent Tory
Jean Charest would recommend some changes to the Accord. This prompted
Lucien Bouchard, a major Mulroney minister, to leave the Progressive Conservatives.
Arguably, the most pressure was on Bourassa. To many Quebecers, the Accord was the bare minimum acceptable. Any weakening of the Accord would undermine Bourassa's position and possibly bring a large backlash from Quebec.
This prompted a First Ministers conference on June 3, 1990 (20 days before the deadline of the Accord). After a week of negotiations, an agreement for further rounds of constitutional negotiations was devised to follow ratification of Meech Lake. All 10 Premiers again signed the "new" Accord, although Wells said that he would have to consult the people of Newfoundland before committing to the Accord.
The agreement detailed:
*A commitment to Senate reform by July 1, 1995. The proposed Senate would be elected, "effective" (Have power over most bills), and be more representative of the other provinces. If a unanimous agreement was not made, the Senate would convert to Quebec having 24 seats, Ontario having 18, Prince Edward Island with 4, and all other provinces with 8 seats.
*Guarantee to not weaken gender equality.
*Territories can nominate Senators and Supreme Court justices.
*Future conferences on Aboriginal and minority language issues.
*Later discussions on a "Canada Clause", how new provinces would be formed, and a new amending procedure.
During the meeting, Wells echoed the feelings of many in the country:
New Brunswick soon accepted the Accord, and Frank McKenna toured the nation to drum up support.
In Manitoba, however, things did not go as planned. With many First Nations protestors outside, the Legislative assembly convened to approve the Accord. Unanimous support was needed to bypass the necessary public consultation, and
Elijah Harper raised a Native feather to mark his dissention. Harper opposed bypassing consultation because he did not believe First Nations had been adequately involved in the Accord's process.
Even though a legal route was found to give Manitoba more time (the deadline would be extended 3 months, with Quebec being able to re-approve the Accord), Clyde Wells and Opposition leader
Thomas Rideout agreed to cancel the planned free vote in the Newfoundland House of Assembly, because the outcome would have most likely been a refusal. The Accord was officially dead.
The defeat of the Accord was felt most in Quebec. In a speech to the
National Assembly of Quebec delivered moments after the death of the Accord , Bourassa captured the nationalist sentiment of the moment:
The speech and other actions by Bourassa gave Quebecers the impression that the Liberals were open to all options, even the calling of a referendum on independence. Polls at this time showed a majority in favour of sovereignty-association. This would result in the
Allaire Report, and a promise to hold a referendum on sovereignty or a new Constitutional agreement by 1992.
Mulroney's popularity plummeted. The handling of the Accord was condemned by many people and the exhaustive and interminable debates over it caused a backlash against further constitutional negotiations.
A variety of Constitutional conferences and the efforts of former Prime Minister
Joe Clark, would result in the
Charlottetown Accord, which contained many of the same proposals, along with concrete involvement of First Nations groups, a "Canada Clause", and an equal Senate. The Charlottetown Accord, unlike Meech Lake, was put to a referendum and defeated.
*
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)
*
CBC Digital Archives - Constitutional Discord: Meech Lake
