Constitution Act Of 1982 Essay

The Constitution Act of 1982 was a landmark in Canadian history, establishing the Charter of Rights and Freedoms in the Constitution and completing the unfinished business of Canadian independence, which allowed Canada to amend its constitution without British approval (source). While there were many pressures from inside the state in favour of constitutional change, such as the desire for autonomy from Britain, one major influence on this reform was pressure arising from the Quiet Revolution in Quebec, highlighting the French-English divide in Canada. As Prime Minister Pierre Trudeau juggled the concerns of all the provinces, Quebec’s claim to be recognized as a distinct society escalated into a tug-of-war with Ottawa, resulting in the province

failing to sign the Constitution. Although the 1982 Constitution Act enshrined many pieces of legislature that shaped modern Canada, including the Charter of Rights and Freedoms, amending formula, and notwithstanding clause, the act also fueled Quebec nationalist and separatist sentiments, shaping the course of French-English relations into the millennium.
Becoming autonomous from Britain was one contributing pressure to constitutional reform, as while the Statute of Westminster (1931) secured Canada’s independence, the state retained its links to Great Britain, since its Constitution could only be modified by the British Parliament (source). To address this concern, numerous negotiations were held between the provinces and the federal government to patriate The British North America Act (BNA Act) and include an amending formula; however, none of these negotiations were successful (source). Furthermore, Prime Minister Pierre Trudeau had won the 1980 Quebec sovereignty referendum, promising constitutional renewal and vowing that "we will not stop until we have done that" (source). He immediately proposed the patriation of the BNA Act with an amending formula and a Charter spelling out the rights and freedoms of Canadians. While many Canadians did feel loyal to the Crown, this aspiration of complete self-government propelled constitutional reform forward, despite the conflicting interests of provinces.
In addition to becoming autonomous, a key pressure inspiring constitutional reform was French nationalism, with events such as the October Crisis intensifying the rift between Quebec and Canada which culminated into the first Quebec Referendum in 1980 (source). After the re-election of the federal Liberal Party, Trudeau lobbied against the wishes of Québec separatists during the referendum campaign, with Justice Minister Jean Chrétien stopping in many rural towns across the province. Concurrently, Trudeau gave four major speeches, affirming that a “no” vote is not a vote in favour of the status quo, promising Québecers that, "We will immediately take action to renew the Constitution and we will not stop until we have done that" (source). This statement was able to convince Quebec voters that change was possible, and Trudeau embarked on federal-provincial discussions.
[analysis on Trudeau, add paragraph here if necessary)
Opposing the wishes of Québec Premier René Lévesque for the immediate fufilment of constitutional change, by October 1980 Trudeau had abandoned federal-provincial consensus and created his own proposals of constitution reform, intending to have them approved regardless of provincial consent. Upon learning of this provocative move, the Quebec government and many Quebecers felt as though they had been misled by Trudeau, having been denied the distinct status and elevated powers they expected. This sense of denial felt by Quebec had major ramifications for constitution reform, only increasing the alienation felt by French Canadians.
After the Supreme Court of Canada ruled that Trudeau’s plan would violate constitutional convention, the Court prompted Trudeau to sit down with premiers once more. Eight of the provinces, referred to as the ‘Gang of Eight’, were unified in refusing to support Prime Minister Trudeau in patriating the Constitution unless the Charter was removed and the amending formula changed, to allow the provinces to opt out of constitutional amendments with full compensation. Quebec was also part of this conflict, agreeing to wave its demands for an absolute veto over any constitutional amendments.
This unity fell apart when Trudeau struck a deal with former Quebec Premier René Lévesque, promising separate nation-wide referendums on amending the Constitution and on including the Charter. The other seven provinces, feeling betrayed by Quebec, decided to negotiate with the Trudeau government, and finally struck a deal in the kitchen of the Ottawa’s National Conference Center. That evening it was decided (without Premier Lévesque’s knowledge) that the provinces would accept Trudeau’s constitutional agreement if the Charter included a notwithstanding clause, and the provinces were able to opt out of constitutional amendments without receiving any financial compensation.
In the context of the development of a large consensus in Quebec over the desirability of greater autonomy and powers for the province, in the last thirty years, and increasingly for demands of a recognition of the special position of Quebec within the federation, Trudeau's constitutional thought appeared to have increasingly been considerably out of touch with the reality of Quebec.

In the end, his policies seem to have had exactly the opposite effect that was intended: instead of resolving problems, his position fuelled discontent in Quebec and, ultimately contributed to the increasing rise of separatism in the

province.
The inclusion of the Charter was subsequently regarded by Lévesque as a betrayal, as well as many Quebecers who viewed the Charter as a threat to its distinct status.

Consequently, Quebecers often refer to the events of that evening as the “night of the long knives.” Ultimately, with the exception of Quebec, the provinces all agreed to a package of constitutional reforms, consisting of the patriation of the Constitution with an amending formula and a charter of rights, a commitment to equalization, the strengthening of provincial controls over natural resources, and the recognition and affirmation of the existing rights of Canada’s Aboriginal Peoples.

The patriation of the Canadian Consitution had a lasting impact on the sovereignty movement and did not immediately suppress French nationalism. For example, when Brian Mulroney became prime minister in 1984, he was determined to amend the Constitution making it acceptable to the government of Québec, which was led after 1985 by federalist Robert Bourassa. In 1987, Mulroney and all the premiers settled on a series of amendments in the Meech Lake Accord, but the agreement collapsed three years later when the legislatures of Manitoba and Newfoundland failed to ratify

it.
A second agreement, the Charlottetown Accord of 1992, also failed, this time after being defeated in a national referendum (source). Québec nationalists again claimed that their province had been humiliated, and this sentiment fueled the growth of the Bloc Québécois, a new separatist party in Parliament. The Quebec government also sent a reference to the Supreme Court asking it to recognize that by convention, Quebec had a veto on constitutional amendments. This reference was ultimately defeated, as was the 1992 referendum on sovereignty, albeit by a narrow margin (source).
While of course French nationalism was not the only pressure demanding constitution reform, and some may argue was not the most significant, it is unquestionable that the French-English dominated Canadian politics, disrupting the vision of a united and centralized state that politicians like Trudeau envisioned. The pieces enshrined by the 1982 Constitution Act are regarded as integral to Canadian democracy, such as the Charter; however, it is important to note that many people felt that democracy had failed them, with separatists feeling deceived and forgotten.
Resentment over the events of 1981–82 still lingers among some Québec nationalists; however, the sovereignty movement place is no longer at the forefront of Canadian public debate. While a vision of an autonomous Canadian pressured action towards constitutional reform, tension between the state and Quebec prevented patriation for many years. Despite Trudeau’s actions to balance the needs of all provinces and promote federalism, Quebec was excluded from important negotiations, seen in the night of the long knives. The 1982 Constitution Act attempted to fortify Canada and created important pieces of legislature, but did not succeed in reconciling feelings of discontent, leading to the failed Meech Lake and Charlottetown Accords. To this day, Quebec has not signed the Constitution, and while separatist sentiments may not be as prominent, there is no guarantee that this will cease to be an issue in the future.