Meech Lake Accord

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The Meech Lake Accord (French: Accord du lac Meech) was a package of proposed amendments
to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and the 10
provincial premiers. It was intended to persuade the government of Quebec to endorse the 1982
constitutional amendment and increase support in Quebec for remaining within Canada. Its
rejection had the effect of energizing support for Quebec sovereignty.

Contents
1 Prelude

2 Agreement

3 Opposition

4 Compromise and agreement

5 Aftermath

6 See also

7 References

8 External links

Prelude
In 1981, a round of negotiations led by Prime Minister Pierre Trudeau to patriate the constitution
reached an agreement that formed the basis of the Constitution Act, 1982. Although this agreement
passed into law, amending the British North America Acts, it was reached despite the objections of
Quebec Premier Ren Lvesque, and the Quebec National Assembly refused to ratify the
amendment. The Supreme Court of Canada had previously ruled in the Quebec Veto Reference that
Quebec never had, according to constitutional convention, a constitutional veto and that no province
did. The Supreme Court also ruled that the new constitution applied to all provinces
notwithstanding their disagreement. Ultimately, Quebec was the only province that did not favour
patriation as agreed to by the other premiers.

Brian Mulroney's election as Prime Minister of Canada while Robert Bourassa served as Premier of
Quebec created a new climate, different from the bitter opposition between Pierre Trudeau and Ren
Lvesque. Bourassa gave five key "demands" for Quebec to "sign on" to the constitution.

Agreement
The accord was negotiated at a 1987 meeting between Mulroney and the provincial premiers at
Willson House, Meech Lake, in the Gatineau Hills.[1] The two territories (Nunavut was not yet a
Canadian Territory) were planned to be invited, but a week before the invitations were sent,
Mulroney stated that the territories did not have enough power to affect important decisions. They
did, however, participate through video conference.

The Accord contained five main modifications to the Canadian constitution:[2]

Quebec was recognized as a "distinct society" in Section 2 of the Constitution Act, 1867.
This would operate as an interpretative clause;

Most prospective constitutional amendments were now subject to s. 41 of the Constitution

Act, 1982, which meant they required the approval of every province and the Federal
government;

Provincial powers with respect to immigration were increased;

Provinces were granted the right for reasonable financial compensation 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 justices, traditionally a prerogative of the
Prime Minister, would be appointed from a selection of names provided by the specific
province.

Because the accord would have changed the constitution's amending formula, it needed to obtain
the consent of all provincial and federal legislatures within three years. Mulroney termed 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 until Trudeau's patriation of the constitution in 1982) and the Trudeau ideal of federal
power within the Federation. He soon agreed to the accord, causing a rift in his party.[1] New
Democratic Party leader Ed Broadbent also agreed with the accord.[3] Preston Manning of the
Reform Party opposed it, saying it gave Quebec unequal status among provinces.[1] The Canadian
monarch, Queen Elizabeth II, made a rare foray into political matters when she publicly expressed
on 22 and 23 October 1987 her personal support for the Meech Lake Accord, for which she received
criticism from its opponents.[4]

Opposition
When the Meech Lake Accord was debated in the Quebec National Assembly, it was opposed by
the Parti Qubcois. After the 10 provincial premiers agreed to the accord, national public opinion
polls initially showed that a majority of Canadians supported the proposed agreement.[5]

Arguments against the accord focused on the devolution of federal powers and control to the
provincial governments. 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 actively oppose
provincial initiatives to change the balance of powers within Confederation.[6] 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."[6] Some Liberal MPs called on Trudeau to be their "spiritual
leader" against the accord, further undermining John Turner's already fragile leadership.
Criticism was directed at the way the Accord was reached, as initial negotiations and drafting of the
agreement were only conducted by the First Ministers, to the exclusion of Aboriginal leadership,
linguistic minorities inside and outside Quebec, feminist groups, and other stakeholders in the
Constitutional debate. The agreement also lacked public confirmation through a popular
referendum. The ten premiers and the prime minister came to be seen as "11 men in suits" dealing
with the foundations of the country behind closed doors and without additional voices.[1]

By June 1990, the same polls showed that a majority now rejected the accord.[5] Much of this
decline in support was attributed to the "distinct society" clause, which some in English Canada saw
as granting Quebec "special" status.[1] Bourassa's use of the notwithstanding clause of the Canadian
constitution to set aside the Supreme Court's decision to strike down parts of Quebec's Charter of
the French Language (which toughened the requirements for French predominance on commercial
signs) played into this; while constitutional, it was generally seen as a draconian action aimed at the
English-speaking minority in Quebec.

Compromise and agreement

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, which refused to pass the Accord without further
amendments. Newfoundland Premier Clyde Wells would revoke the previous government's
approval of the accord.

With a matter of months before the Accord deadline, a commission led by prominent federal Tory
cabinet minister Jean Charest 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 to be
aired. This prompted Lucien Bouchard, environment minister and Quebec lieutenant under
Mulroney, and several disenchanted Liberals to form the federal Bloc Qubcois.

This prompted a first ministers conference on June 3, 1990 (20 days before the deadline of the
accord) "The Last Supper" - CBC Archive.

The companion accord promised a commitment to Senate reform by July 1, 1995; the proposed
Senate would be elected, "effective" (having 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. Further, it proposed a guarantee to not weaken gender equality; to give the territories
involvement in the appointment of senators and Supreme Court justices; future conferences on
Aboriginal and minority language issues; and later discussions on a "Canada Clause", how new
provinces would be formed, and a new amending procedure.

After a week of negotiations, an agreement for further rounds of constitutional negotiations was
devised to follow ratification of Meech Lake. All ten premiers again signed the new Accord,
although Wells said that he would have to consult with the people of Newfoundland before
committing to the Accord. New Brunswick soon ratified both accords, and Frank McKenna toured
the nation to drum up support.

In Manitoba, however, things did not go as planned. With many First Nations protesters outside, the
legislative assembly convened to approve the two accords. Unanimous support was needed to
bypass the necessary public consultations and Member of the Legislative Assembly Elijah Harper
raised an eagle feather to mark his dissension. Harper opposed bypassing consultation because First
Nations had not been included in the negotiation of either accord.
Clyde Wells and opposition leader Thomas Rideout, upon hearing the inability of Manitoba to
accept the accords, 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.

Aftermath
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:

Le Canada anglais doit comprendre de faon trs claire que, quoi qu'on dise et quoi qu'on fasse,
le Qubec est, aujourd'hui et pour toujours, une socit distincte, libre et capable d'assumer son
destin et son dveloppement.

...English Canada must clearly understand that, no matter what is said or done, Quebec is, today and
forever, a distinct society, that is free and able to assume the control of its destiny and development.

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.

Ontario Premier David Peterson had played a prominent role in creating the accord and continued to
support it in the face of growing opposition. This would eventually lead to a backlash in his own
province. Though Peterson's association with the accord was not further highlighted by the media,
the federal government was dealing with the fallout. Thus, the issue was still fresh in voters' minds
when he recommended the Lieutenant Governor call a snap election in 1990, and it was partially
responsible for his party's defeat.

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.

In November, 1990, Mulroney decided to seek 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.

A variety of constitutional conferences and the efforts of former Prime Minister Joe Clark resulted
in the Charlottetown Accord, which contained many of the same proposals, along with concrete
involvement of First Nations groups. The Charlottetown Accord, unlike Meech Lake, was put to
referenda (on October 26, 1992), but it was also defeated in most provinces, including Quebec.

See also
Le Mouton noir (documentary film)

Meech Lake Accord

In 1987 the Progressive Conservative government of Prime Minister Brian Mulroney attempted to
win Qubec's consent to the revised Canadian Constitution following the Qubec government's
rejection of it in 1981.


Harper, Elijah
As member for Rupert's Land, Harper stalled the Manitoba legislature past the deadline for approval
of the Meech Lake Accord (courtesy Reuter).

Wells, Clyde
Clyde Wells's opposition to the Meech Lake Accord was instrumental in its failure (photo by Jim
Merrithew).

In 1987 the Progressive Conservative government of Prime Minister Brian Mulroney attempted to
win Qubec's consent to the revised Canadian Constitution following the Qubec government's
rejection of it in 1981. The result was the Meech Lake Accord, an agreement between the federal
and provincial governments to amend the Constitution by strengthening provincial powers and
declaring Qubec a "distinct society." Political support for the Accord later unravelled, and it was
never put into effect.

Quebec and the Constitution

The separatist Qubec government had refused, in 1981, to accept the new Constitution patriated
from Britain by the federal Liberal regime of Prime Minister Pierre Trudeau. That decision
effectively estranged the province from the Canadian "constitutional family." However, a new
political climate emerged in the mid-1980s that offered hopes of ending this impasse with the
election of a Liberal government in Qubec under Premier Robert Bourassa, and a Progressive
Conservative government in Ottawa led by Mulroney. Mulroney opened constitutional discussions
with all the provinces, during which Qubec made a series of proposals that, if accepted, would
have led to its formal endorsement of the Constitution.

Qubec was as legally bound as any province by the provisions of the Constitution Act of 1982. The
Qubec proposals would have amended this Act. As a result they took on great significance.

The Qubec proposals could be divided into two parts. The first dealt with the distinctiveness of
Qubec in the Canadian federation, the second with a potpourri of other matters. These tended to
enhance the role of the provinces in their relationship with the federal government. Not surprisingly
then, all of the provinces initially agreed to the package under a principle of "juridical equality."
This package became known as the Meech Lake Constitutional Accord of 1987, named after the
lake north of Ottawa in the forested Gatineau hills, where the premiers and federal leaders in
private negotiations at a government retreat named Wilson House reached the agreement.

Distinct Society

The Accord recognized the province of Qubec as a distinct society within Canada. At the same
time, it recognized as fundamental characteristics of Canada both the anglophone minority in
Qubec, and the francophone minority elsewhere.

Provincial Powers

The provinces were, for the first time, given a formal role in nominating persons to sit on certain
federal institutions (namely, the Senate and the Supreme Court of Canada).

For some time, social programs falling within provincial legislative jurisdiction (health care, for
example) had largely been financed by the federal government: the federal government held greater
taxing power, and hence possessed greater spending ability than the provinces. Provincial concerns
with this related to federal conditions attached to this financing. Under the Accord, a province could
opt out of one of these programs provided it established its own, and provided its own program had
objectives compatible with the national objectives of the program. In such a case, the federal
government would continue to finance the new provincial program with reasonable compensation.

Under the Constitution Act of 1867, the provinces and the federal government were given joint or
parallel jurisdiction over immigration, leading to a series of agreements on the settlement of new
immigrants in Canada. The Accord gave constitutional status to those agreements.
The Accord also made constitutional the federal-provincial consultative process by requiring that at
least one First Ministers (prime minister and premiers) meeting be held annually, and by requiring
that the issues of Senate reform and the fisheries be discussed at those meetings.

Constitutional Amendment

The Accord slightly changed the existing method for amending the Constitution. Before the Accord,
two formulas existed: The general formula required the consent of the Senate and the House of
Commons and the legislatures of two-thirds of the provinces, provided those provinces comprised
50 per cent of the population of Canada.

For some specialized listed matters, the formula required the consent of Parliament and the
legislatures of all of the provinces. A third section listing other specialized matters existed as well,
but these matters required only the general amending formula. The Accord took this latter list of
specialized matters, added a number of other issues, and moved them to the first list of specialized
matters. As a result, all specialized matters (such as changes to the Senate and the creation of new
provinces) came to require the unanimous consent of Parliament and the legislatures of the
provinces.

Reaction
Opinion polls showed the Accord to be popular with a majority of Canadians after it was unveiled
in 1987. There was relief in the country that Qubec would soon be brought back, politically, into
the constitutional fold, and hope that this might soften separatist attitudes in that province towards
the rest of Canada.

In the ensuing three years, however, as ratification votes on the Accord proceeded in various
provincial legislatures, critics emerged to savage the agreement especially, they argued, the way
it would weaken federal power. The most notable opponent was Pierre Trudeau, who came out of
retirement to lead the attack on the Accord, accusing Mulroney of having "sold out" to the
provinces. Many in English Canada also grew uncomfortable with the "distinct society" clause,
arguing this would give Qubec special status in Confederation, rather than make it one of 10 equal
provinces.

Because the Accord had been negotiated behind closed doors by the First Ministers "11 men in
suits," as they were described it became an unwelcome symbol of backroom political deal-
making. As opposition piled up, so the Accord lost favour with the public. Meanwhile, there were
fears that if the Accord didn't become law there would be a backlash in Qubec, where the deal
remained popular, leading to serious national unity problems.

Ratification
To become law the Accord had to be ratified within three years by Parliament and the legislatures of
all 10 provinces in accordance with s41 of the Constitution Act of 1982. Qubec's legislative
assembly was the first to pass the required resolution of approval on June 23,1987. The Accord had
to receive unanimous provincial ratification on or before June 23,1990. In early June of 1990, all
premiers finally agreed to ratify the Accord subject to guarantees of further constitutional
discussions following the Accord, on such issues as an elected Senate, the amending formula itself,
and equality and aboriginal issues.
Despite this agreement, on the final ratification date the Accord unravelled. In Manitoba, although
all political parties had finally agreed to endorse the Accord, it required public hearings unless there
was unanimous consent of all members of the legislature to dispense with such hearings. One
member, Elijah Harper, withheld his consent and ultimately the Accord did not come to a vote in
that province.

On the same day, wishing to allow Manitoba extra time, the federal minister responsible for federal-
provincial relations suggested extending the ratification date by three months necessitating re-
ratification in Qubec. This dissatisfied Premier Clyde Wells of Newfoundland and Labrador. The
Newfoundland legislature had initially ratified the Accord in 1988, but Wells who came to power
the following year and became an outspoken critic of the Accord insisted on putting it to another
vote in his legislature, or to a plebiscite in his province. In 1990, the Manitoba delay gave Wells an
excuse to avoid bringing the issue to a vote, ultimately delivering yet another blow to the Meech
Lake Accord, and ensuring its disintegration.

Legacy
In 1990, angry that the political consensus around the Accord had come apart, Lucien Bouchard,
Mulroney's environment minister and Qubec lieutenant, walked out on the Progressive
Conservative government along with a handful of disenchanted backbencher Qubec Members of
Parliament from the PC and Liberal parties. They formed the Bloc Qubecois, a group dedicated
to pursuing Qubec's interests in the House of Commons.

Bouchard's decision was a hard political blow for Mulroney. At the same time, the prime minister's
popularity was falling as public opinion in English Canada hardened against the Accord, in part
because of its negative image as deal negotiated in the political backrooms. Canadians had also
grown weary of the many years of constitutional wrangling. In spite of this, Mulroney pushed ahead
after the death of the Meech Lake Accord with a new round of constitutional talks aimed at winning
Qubec's consent this time after an exhaustive series of public consultations resulting in the
Charlottetown Accord of 1992. This second agreement was eventually defeated in a national
referendum. As of 2014, there have been no further official efforts at constitutional change in
Canada