December 18, 2012
It is difficult to discuss Canada’s constitutional history without mentioning Pierre Trudeau, former Canadian prime minister. That his son Justin, member of parliament for Papineau, Québec, is running for the leadership of his father’s Liberal Party has once again brought the Trudeau constitutional legacy back in the public eye.
From the 1960s until the 1995 Québec referendum on separatism, politics in Canada and in Québec focused largely on constitutional reform relative to the status of the province. In 1867, Canada was created by the British North America Act (BNA), commonly referred to as Confederation. The BNA Act, which serves as our written constitution, created a federal system with the use of French and English in both the national and Québec parliaments.
From 1867 onward, tensions rose between those who preferred a more centralized federalism and those who wished for greater provincial autonomy (i.e., decentralized federalism) which was promoted by successive Québec governments. This characterized federal-provincial relations over the years, and came to a head in the 1960s. Just as Canada was nearing its centennial celebrations in 1967, it was clear that the country was heading toward an eventual constitutional showdown largely provoked by competing visions within Québec’s political class.
Essentially, three visions emerged to define the debate on Québec’s status north of the border. One approach was articulated by the elder Trudeau (1968–1979, 1980–1984), who argued for a strong central government, a Charter of Rights and Freedoms and a greater Francophone Canadian presence in national affairs. A second vision with emphasis on Québec’s identity was gradually developed by a former federalist who later became Québec’s premier, René Lévesque (1976–1985). He believed in full Québec autonomy and sovereignty with the possibility of an economic association with Canada. Finally, successive Québec premiers from Jean Lesage (1960–1966) to Daniel Johnson (1966–1968) to Robert Bourassa (1970–1976, 1985–1994) worked for the reform of the 1867 Canadian Constitution, pushing for greater powers for Québec within the federation. From the 1970s to the 1990s, elections were held in Québec, and federal elections in Canada reflected these differing views over the functioning of our federal state.
Various attempts to modify Québec’s status within Canada produced constitutional proposals but they failed to resolve the issue. In 1980, a Québec referendum on sovereignty was held with the federalists winning decisively. In 1982, the Canadian government led by Prime Minister Trudeau then decided to patriate the Canadian Constitution (the BNA Act, which had remained a British statute since 1867) and include a Constitutional Charter of Rights and Freedoms. The Québec government under separatist René Levesque objected and withheld Québec’s consent. Trudeau’s action to patriate was ruled legal by Canada’s Supreme Court, but it had the effect of splitting the federalist forces in Québec.
By 1990, the Meech Lake Accord had been negotiated between the Canadian government and its 10 provinces to provide a rationale for Québec to finally consent to the 1982 patriation. It provided concessions to Québec to obtain its agreement. This attempt at reconciliation by Trudeau’s successor, Prime Minister Brian Mulroney (1984–1993), and Québec Premier Robert Bourassa, however, failed ratification by two provinces (Manitoba and Newfoundland). Trudeau, then retired, opposed the Meech Lake Accord and strongly influenced the opposition forces within Canada to the Accord.
This is largely the constitutional legacy that Justin Trudeau, the son of Pierre Trudeau, is now carrying as he runs for the leadership of Canada’s Liberal Party. Sovereignists and some federalists in Québec continue to resent the elder Trudeau’s constitutional legacy. For many, it remains an open wound.
Some in the Québec media now believe that Justin Trudeau must address this issue with a position of his own. Will he complete the unfinished work of 1982? The junior Trudeau, in a recent television interview, skirted the issue by saying that Québec and Canada as a whole did not want to revisit old constitutional wounds and had moved on to other issues.
To some, the younger Trudeau’s view was seen as insensitive and to others, reminiscent of his father’s so-called legendary arrogance.
Having lived through some of the aforementioned constitutional battles, I agree that patriation must be addressed given that Québec is the only non-signatory province to the 1982 Canadian Constitutional Act (including the Charter of Rights). However, no one in the Canadian and Québec political class is held to the same standard as Justin Trudeau is, and none wish to revisit the issue in the near future. Outside of his family name, why should Justin Trudeau be held accountable for redressing his father’s actions?
Politics in this century have changed and the policy debates have moved in new directions. The issue of Québec and the Canadian constitution remains pertinent. But should we be settling our accounts with the elder Trudeau by using his son, who has a different agenda and is running in different times and for different reasons? I do not think so.
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