Social Studies 11

Patriating the Constitution

1)

What was the BNA Act ? a) The act set out the powers of the federal and provincial governments. b) It guaranteed the language and education rights of Quebecs French-speaking majority c) The British Parliament had to approve any changes to the BNA Act. Trudeau wanted to patriate the constitution ---> bring it home to Canada. a) Trudeau wanted to include a Charter of Rights and Freedom, a clear statement of the basic rights to which all Canadians were entitled. b) amending formula - the process by which changes can legally be made to the Canadian Constitution. c) Premiers felt that the Charter would make the courts more powerful than their legislatures. In Quebec, Levesque feared that the Charter could be used to override his language laws - or any other legislation that might be passed to protect Quebecs distinct society. The Kitchen Compromise Federal Justice Minister Jean Chretien and the justice minister from Saskatchewan and Ontario came up with the Kitchen Compromise in the kitchen of the National Conference Centre at night on November 4, 1981. Nine provincial premiers excluding Levesque agreed to accept the Charter if notwithstanding clause was added. Also, an agreement on the amending formula was also reached ---> changes could be made with the agreement of seven out of ten provinces representing 50% of Canadas population. Quebec refused to agree to the new deal because Levesque and the people of Quebec felt betrayed and believed that the federal government and the English-speaking premiers had ganged up on Levesque in order to deny Quebec recognition of its distinct status.

2)

3)

4)

Trudeau goes ahead... a) The new Constitution was signed on April 17, 1982. b) Signed by Queen Elizabeth II and Prime Minister Trudeau. c)Outside the Parliament Buildings in Ottawa.
i

Social Studies 11

Canada was now completely independent! a) People celebrated in English-speaking Canada. b) Quebec flags flew at half-mast, and Premier Levesque led an angry demonstration through the streets of Quebec City.

The Meech Lake Accord In 1987, Prime Minister Mulroney called the premiers to a conference at Meech Lake, where he proposes a package of amendments to the Constitution. The Meech Lake Accord offered to recognize Quebec as a distinct society and gave all the provinces the power to veto constitutional change. Quebec supported the accord. However, there were many critics. Manitoba and Newfoundland withheld their support so the Meech Lake disintegrated in June 1990. The failure of the accord was seen as a rejection of Quebec itself, even a humiliation. As a result... Lucien Bouchard formed the Bloc Quebecois to support the aim of Quebec separation. The Charlottetown Accord Mulroney and the premiers came up with another package of proposed constitutional amendments known as the Charlottetown Accord. The accord answered Quebecs concerns and also addressed other interests which include reforming the Senate by making it an elected body with equal representation from all parts of the country as well as supporting Aboriginal self-government to draw the support of the First Nations. The Charlottetown Accord was put to a national referendum in October 1992 but 54.5% Canadian voters rejected it. The greatest opposition was in British Columbia (68.3%) because B.C. voters felt the accord gave Quebec too much power. Voters in Quebec generally believed that the accord didnt give them enough power because most of the Senate seats went to the West. They also feared Aboriginal self-government because it would affect a large portion of northern Quebec. The Referendum of 1995
ii

Social Studies 11

The Quebec Premier Jacques Parizeau called a provincial referendum on full sovereignty - the separation of Quebec from the rest of Canada. On the night of October 30, 1995, as the referendum votes were counted, the nation held its breath. When the results in, 49.4% of Quebeckers had voted yes to sovereignty; 50.% had voted no. After the referendum, the federal government moved to ensure that a future referendum would follow a clear process. Prime Minister Chretien came up the clarity bill which set down in law Ottawas insistence on a clear question in any future referendum and a substantial yes majority before Quebecs exit from Confederation would be negotiated.

A Multicultural Nation a.Describe how Canadas immigration policy began to change in the 60s. By the 1960s, Canadians had a more poen attitude towards people of other cultures and countries. In 1962, new regulations removed most limits on immigrants of Asian, African, and other origins. In 1967, legislation made Canadas immigration policy officially Colour-blind. b.Describe what Trudeaus policy of multiculturalism was. What it was meant to do? The policy of multiculturalism encouraged the countrys different ethnic groups to express their cultures. Multicultural activities were organized across the country. For example, heritage language classes were provided to help children lean the language of their parents. Festivals were held for cultural communities to share their music, dances, foods, games, arts, crafts, and stories. Various programs were designed to make all residents feel at home in Canada, regardless of their origins. These programs were also intended to prevent racism by promoting respect for all cultures.
iii

Social Studies 11

c. How did multiculturalism contrast with the melting pot model of immigration policy in the U.S. ? Canadas model of multiculturalism was like a mosaic, where groups maintained their own identity. On the other hand, the melting-pot model of the United States encourage cultural groups to assimilate - that is, to give up their identities and take on the mainstream culture to a greater extent. Aboriginal Nations Self-government: the right of a colony or cultural group to define the structure, laws and policies that will govern its own affairs. Educational concerns: - The lack of secondary schools near the reserves meant that most Aboriginal children were forced to leave home at a much younger age. - As part of a government-run boarding home program, some high school students were sent to live with families and attend school in cities such as Vancouver and New Westminster. But they were far from home and loneliness drove some to return before graduating from high school.

Environmental concerns: - hydroelectric and natural gas projects would endanger their traditional activities of hunting, fishing and trapping. ex. aboriginal people halted the construction of oil and natural gas pipelines in the Mackenzie Valley. What was Bill C-31? Bill C-31 gave Aboriginal band councils the power to decide who had the right to live on Aboriginal reserves. Define the 2 types of aboriginal land claims.
- Specific claims have arisen in areas where treaties between

Aboriginal peoples and the federal government have been signed, but their terms have no been kept.
iv

Social Studies 11

- Comprehensive claims have questioned the ownership of land in

larges parts of Canada that were never surrendered by treaty. The Oka Confrontation! The Oka town in Quebec decides to expand a gold course into land that Mohawks at the nearby Kanesatake reserve considered sacred. The Mohawk warrior society decides to stop construction of the golf course by blockading land. The Quebec Provincial Police was called in. From that point, events snowballed. Canadians forces were eventually called into the area by Quebec Premier Robert Bourassa. The negotiations to end the crisis were tense. In the end, the disputed land was purchased by the federal government and given to Kanesatake. What agreements / land claims deals have been reached between Native and government leaders regarding land in B.C.? Nisgaa claims have been reached: the Nisgaa were offered a settlement that entitled them to 8% of their original claimed land, ownership of the forests, and partial profits from salmon fisheries and hydro development. The Nisgaa also won the right to develop their own municipal government and policing. The government offered to pay the Nisgaa $190 million over fifteen years, in compensation for lost land. The Nisgaa agreed to become taxpayers. Delgamuluukw case (the Gitksan and Wetsuweten land claim): the case defined Aboriginal title. Groups can claim ownership if they prove they lived on the land before Canadian government took over. This case was important because it applies to the rest of Canada .