Quebec And The Constitution 1960 1978

The Quiet Revolution and two major language bills have transformed Quebec society. Ottawa’s response to Quebec’s constitutional demands has been slow and erratic. Today Ottawa’s bilingualism policies are under heavy criticism. To complicate matters, the English-speaking provinces are seeking more autonomy; and the centralizing economics of John Maynard Keynes – our modern ‘father of Confederation’ – are being challenged. Can our constitution cope with these stresses? Should it be amended, rewritten – or perhaps simply ignored? Edward McWhinney offers the first thorough analysis of nearly two decades of constitutional development. His book examines Quebec’s demands since 1960 for social, economic, linguistic, and political self-determination, and the implications of these demands for our federal system. It also looks at the new pressures on such federal institutions as the Senate and the Supreme Court coming from the constitutional proposals of the English-speaking premiers. The responses of successive federal governments, up to the Constitutional Amendment Bill of 1978, are studied. Since the election in 1976 of a Quebec government officially committed to separatism, the province has begun, without constitutional challenge, to transfer power to new social and economic elite. Edward McWhinney scrutinizes the mechanisms of Quebec’s transformation and, in his general survey of constitutional evolution, suggests new possibilities for a truly ‘cooperative federalism’ and ‘renewed’ Confederation.

The debate over ‘renewing’ Canadian federalism in response to the ‘Quiet Revolution’ in Quebec and the more recent economic demands of English-speaking provinces forms part of a great response to the challenging problem of rebuilding the federal system and the Canadian constitution in an attempt to meet new cultural, social, and economic demands. This volume follows on Professor McWhinney’s Quebec and the Constitution 1960-1978 but is more than a mere sequel. McWhinney draws on wide knowledge and extensive personal contacts to portray the players and the events in this last, complex chapter in the patriation drama. He shows how Quebec’s special claims have given way to a regional approach; how the prime minister sacrificed the possibility of a genuine Canadian-made constitution by trying the old ‘made-in-Britain’ amending route one last time; how the British government properly and firmly resisted the meddling in Canadian matters proposed by the Kershaw committee; how the Supreme court has taken an increasingly activist role in interpreting constitutional law; and how the people of Canada may yet take a major role in the coming second phase of constitution-making now that the BNA Act has finally come home. Extensive appendixes provide invaluable primary material: various versions of the constitutional resolution, including the complete final version approved by the Canadian and British parliaments; the Guy Fawkes Day accord between the prime minister and the nine premiers; and extracts from the Supreme Court’s decision on Senate reform, from the decisions on patriation by the courts of appeal of Manitoba, Newfoundland, and Quebec, and from the Supreme Court’s famous ruling on the ‘legality’ and ‘conventionality’ of unilateral patriation, which produced the final round of constitutional negotiations between Ottawa and the provinces.

"In these two volumes, which replace the Reader's Guide to Canadian History, experts provide a select and critical guide to historical writing about pre- and post-Confederation Canada, with an emphasis on the most recent scholarship" -- Cover.

This study reviews the key events pertaining to the question of Quebec's political & constitutional status. The first section covers the period from the British conquest to the Act of Union of 1840. The second discusses Quebec and the Canadian federal system from Confederation in 1867 to the sovereignty referenda in the 1980s. This is followed by a review of the constitutional reform of 1982, attempts at redress from the Meech Lake Accord to the Charlottetown Accord, and finally the 1995 referendum & subsequent events.

Focusing on the major movements and personalities of the time, as well as the lasting influence of the period, Canada's 1960s examines the legacy of this rebellious decade's impact on contemporary notions of Canadian identity.

List of Tables List of Maps List of Figures Preface PART 1: THE DEPRESSION AND THE WAR 1930-1945 Introduction Quebec in 1929 The Depression A Troubled Period The Second World War