Groupaction Inc. is a Canadian advertising agency at the centre of the 2004 Canadian sponsorship scandal . It was incorporated in 1983 as Groupaction Marketing Inc. and received its first federal advertising contract in 1994 with the Canadian Radio-television and Telecommunications Commission (CRTC).
95-647: According to a 2006 news report by Canadian Broadcasting Corporation, following the 1995 referendum on Quebec sovereignty , rumours were heard about a fund being set up by the Canadian Government to support federalism. By September 2004, John Gomery was heading an inquiry into the Canadian Federal Sponsorship Program . This article about a Canadian corporation or company is a stub . You can help Misplaced Pages by expanding it . 1995 Quebec referendum The 1995 Quebec referendum
190-572: A distinct society . The Accord, after fierce debate in English Canada, fell apart in dramatic fashion in the summer of 1990, as two provinces failed to ratify it within the three-year time limit required by the constitution. This prompted outrage among Quebec nationalists and a surge in support for sovereignty. While the Accord was collapsing, Lucien Bouchard , a cabinet minister in Mulroney's government, led
285-493: A "No" victory was achieved. In response to the referendum, aboriginal peoples in Quebec strongly affirmed their own right to self-determination. First Nations chiefs said that forcing their peoples to join an independent Quebec without their consent would violate international law, violating their rights to self-determination. Aboriginal groups also demanded to be full participants in any new constitutional negotiations resulting from
380-697: A Québécois accent made her ignorant of the subject. Pursuant to the Referendum Act , both committees were required to contribute to a brochure sent to every voter describing their positions. The official "No" brochure, written by the Quebec Liberals, stated that Quebec was a distinct society, and that Quebec should enjoy full autonomy in areas of provincial jurisdiction. Parizeau, while speaking in Hull, challenged Chrétien to tell voters that, if "No" won, Ottawa would withdraw from all provincial jurisdictions, prompting
475-522: A call from a viewer in Montreal on CNN 's Larry King Live , said that, if the "Yes" side were successful, the fact that the referendum had succeeded would be recognized by France. At a federalist rally of about 12,500 people which was held at the Verdun Auditorium on October 24, Chrétien introduced a focus on Quebec's emotional attachment to Canada, promised reforms to give Quebec more power, and in
570-532: A coalition of six Progressive Conservative members of parliament and one Liberal MP from Quebec to form a new federal party devoted to Quebec sovereignty, the Bloc Québécois . Following these events, Bourassa said that a referendum would be held in 1992, with either sovereignty or a new constitutional agreement as the subject. This prompted a national referendum on the Charlottetown Accord of 1992,
665-615: A colony. Since the British North America Act was an Imperial statute extending to Canada, any Canadian law violating the BNA Act was inoperative. Although there was no express provision giving the courts the power to decide that a Canadian law violated the BNA Act and was therefore inoperative, this power was implicit in s. 2 of the Colonial Laws Validity Act , which established the priority of statutes to be applied by
760-459: A conference of first ministers (i.e. provincial premiers) to discuss the amendment and invite "representatives of the aboriginal peoples of Canada" to discuss the amendment. Section 35.1 was added to Part II of the Constitution Act, 1982 in 1983. Section 35.1 was invoked in the negotiations that led to the Charlottetown Accord , which would have greatly expanded aboriginal rights and recognized
855-472: A great model for the rest of the world, and has been a great partner of the United States, and I hope that can continue." While the statement provided relief in sovereignist circles for not being a stronger endorsement of the "No" position, the implication of Clinton, who was popular in Quebec and the leader of the province's most important trading partner, endorsing Canadian unity had strong reverberations in
950-441: A margin of 54,288 votes, receiving 50.58% of the votes cast. Parizeau, who announced his pending resignation as Quebec premier the following day, later stated that he would have quickly proceeded with a unilateral declaration of independence had the result been affirmative and negotiations failed or been refused, the latter of which was later revealed as the federal position in the event of a "Yes" victory. Controversies over both
1045-469: A more startling announcement, declared that he would support enshrinement of Quebec as a distinct society , and that he would support reforms to the Canadian constitution. The sudden reversal of Chrétien's long-standing position on the issue, along with Chrétien's wan complexion and atypically nervous appearance, sparked considerable comment. Charest further emphasized his commitment to constitutional reform if
SECTION 10
#17328480427911140-568: A number of actions in the Quebec Superior Court , which were consolidated under the application of prominent lawyer Guy Bertrand . Bertrand asked for interim and permanent injunctions against the holding of the referendum. The Federal Attorney General declined to intervene, and after failing in a motion to strike the application, the Quebec Attorney General unilaterally withdrew from the hearing. The Quebec government moved
1235-512: A provincial legislature can repeal such a law. Before the 1982 Act came into effect, the British North America Act, 1867 (now known as the Constitution Act, 1867 ) had been the supreme law of Canada. The supremacy of the 1867 Act had originally been established by virtue of s. 2 of the Colonial Laws Validity Act , a British Imperial statute declaring the invalidity of any colonial law that violated an Imperial statute extending to
1330-418: A rallying point for sovereigntists and the public at large. Bouchard thought a proposal lacking a partnership would doom the project among soft nationalists (such as himself) who worried about the economic consequences of separation. As polls showed Parizeau's approach as highly unlikely to even exceed 40% support in a referendum, leaders of the movement engaged in a heated public debate. After Parizeau moved
1425-674: A referendum on sovereignty during the first year of its term in office. The PQ won a majority government with 44.75% of the popular vote, just ahead of the Liberals' 44.4%. In preparation for the referendum, every household in Quebec was sent a draft of the Act Respecting the Future of Quebec (also referred to as the Sovereignty Bill ), with the announcement of the National Commission on
1520-480: A right to self-government. Various other sections of Part V lay out such things as compensation for opting out, when and how a province may opt out of a constitutional amendment, and time limits for achieving a constitutional amendment. The act also amended the division of powers by adding the natural resources amendment to the Constitution Act, 1867 . The new provisions, section 92A and the Sixth Schedule , gave
1615-459: A series of constitutional amendments that included the proposals of the Meech Lake Accord as well as other matters. The Accord was rejected by a majority of voters both in Quebec and English Canada. In the 1993 federal election , the Liberals returned to power with a majority government under Jean Chrétien , who had been Minister of Justice during the 1980–81 constitutional discussions and
1710-422: A similar local vote, asking voters, "Do you agree that Quebec should become sovereign?" , with 96% voting No. Five days before the vote, United States President Bill Clinton , in response to a question asked by CBC News reporter Henry Champ , while recognizing the referendum as an internal issue of Canada, gave a minute-long statement extolling the virtues of a united Canada, ending with "Canada has been
1805-408: A televised address by both leaders. Parizeau emphasized that he believed this might be the last opportunity for sovereignty for the foreseeable future, while Johnson chose to forecast the uncertainty that a "Yes" vote could provoke. Johnson's campaign focused on the practical problems created by the sovereignty process, emphasizing that an independent Quebec would be in an uncertain position regarding
1900-641: A vague response from the "No" campaign. On October 21 in Longueuil , Johnson, hoping to defuse the issue, ad-libbed a challenge to Chrétien to declare his position on distinct society recognition. When presented with the request, Chrétien, in New York for a United Nations meeting, responded, "No. We're not talking about the Constitution, we're talking about the separation of Quebec from the rest of Canada." The remarks in direct contradiction to Johnson were portrayed in
1995-482: Is too vague. Since the courts would not be of much use in interpreting the section, the section was nearly amended in 1992 with the Charlottetown Accord to make it enforceable. The Accord never came into effect. These two parts provided for constitutional conferences within certain time limits. Once the conferences were held, the two parts were repealed. Subsection 52(3) of the Constitution Act, 1982 requires constitutional amendments to be made in accordance with
SECTION 20
#17328480427912090-447: The British North America Act in Canadian law until the enactment of the Constitution Act, 1982 . Section 52(2) of the Constitution Act, 1982 defines the "Constitution of Canada." The Constitution of Canada is said to include: Section 52(2), in addition to containing many Imperial Statutes, contains eight Canadian statutes, three of which created the provinces of Alberta, Manitoba and Saskatchewan, and five of which were amendments to
2185-709: The Canadian Constitution and institute what would eventually become the Canadian Charter of Rights and Freedoms . During tense negotiations in November 1981, an agreement was reached between Trudeau and nine of the ten provincial premiers by Trudeau, but not Lévesque. The Constitution Act of 1982 was enacted without the Quebec National Assembly's approval, after the Supreme Court of Canada ruled against
2280-540: The Constitution Act, 1867 and section 23 of the Manitoba Act , 1870 to mean that the English and French versions of federal, Quebec and Manitoba statutes are equal. Despite sections 56 and 57, significant portions of the Constitution of Canada were only enacted in English and even if there exist unofficial French translations, their English versions alone have force of law. To address this problem, section 55 requires that
2375-542: The Constitution Act, 1867 . The Canadian courts have reserved the right to add and entrench principles and conventions into the Constitution unilaterally. Although a court's ability to recognize human rights not explicitly stated in a constitution is not particularly unusual, the Canadian situation is unique in that this ability extends to procedural issues not related to human rights. In particular, in New Brunswick Broadcasting Co v Nova Scotia (Speaker of
2470-555: The Constitution Act, 1982 . The Charter is a bill of rights to protect certain political rights, legal rights and human rights of people in Canada from the policies and actions of all levels of government. An additional goal of the Charter is to unify Canadians around a set of principles that embody those rights. The Charter was preceded by the Canadian Bill of Rights , which was created by
2565-655: The Cree right to self-determination in keeping their territories in Canada. On October 24, 1995, the Cree organized their own referendum, asking the question: "Do you consent, as a people, that the Government of Quebec separate the James Bay Crees and Cree traditional territory from Canada in the event of a Yes vote in the Quebec referendum?" 96.3% of the 77% of Crees who cast ballots voted to stay in Canada. The Inuit of Nunavik held
2660-523: The North American Free Trade Agreement (NAFTA) and not be able to control the Canadian dollar. Prominent business figures such as Power Corporation president Paul Desmarais and Bombardier Inc. head Laurent Beaudoin spoke that they believed a "Yes" victory could spell doom for their Quebec business interests. The initial campaign for the "Yes" was led by Parizeau, with Dumont campaigning separately in rural areas. In addition to
2755-818: The Parliament of the United Kingdom give up its power to amend the Constitution of Canada. The enactment of the Canada Act 1982 by the British Parliament in March 1982 confirmed the Patriation of the Constitution and transferred to Canada the power of amending its own Constitution. On April 17, 1982, Queen Elizabeth II and Prime Minister Pierre Trudeau , as well as the Minister of Justice , Jean Chrétien , and André Ouellet ,
2850-557: The Reform Party or its leader, Preston Manning . This would go unchallenged by Ottawa for the majority of the campaign, but created much frustration within the governing Liberals in Ottawa. Prominent Chrétien adviser Eddie Goldenberg believed that the "No" campaign at some points was more focused on the future election position of the Quebec Liberals rather than the referendum itself. The campaign officially began on October 2, 1995, with
2945-569: The Registrar General , signed the Proclamation which brought the Constitution Act, 1982 into force. The proclamation confirmed that Canada had formally assumed authority over its constitution, the final step to full sovereignty. As of 2024 , the Government of Quebec has never formally approved of the enactment of the act, though the Supreme Court concluded that Quebec's formal consent
Groupaction - Misplaced Pages Continue
3040-427: The "Yes" side and to announce an intention to negotiate in good faith. The next day, Montreal radio station CKOI broadcast a prank call by radio announcer Pierre Brassard, impersonating Chrétien, to Elizabeth II , Queen of Canada , asking her to make a televised address championing national unity. The Queen appeared to reluctantly agree to the request and talked to Brassard for 17 minutes before her staff identified
3135-606: The Australian and British parliaments passed the Australia Act 1986 . The Australian High Court subsequently recognized that the Act established Australia as an independent country, making Britain a foreign power. New Zealand experienced a constitutional crisis in 1984 , which led to a desire for constitutional reform. The New Zealand Parliament patriated its own constitution in the Constitution Act 1986 . Unlike Canada, New Zealand already had
3230-683: The Bloc Québécois won 54 seats with 49.3% of Quebec's vote. The result made the Bloc the second largest party in the House of Commons , giving it the role of Official Opposition and allowing Bouchard to confront Chrétien in Question Period on a daily basis. In Quebec, the 1994 provincial election brought the Parti Québécois back to power, led by Jacques Parizeau . The party's platform promised to hold
3325-420: The Canadian government, and promised a second referendum to ratify the results of any negotiation. Parizeau believed a second referendum was unnecessary and would only encourage the remainder of Canada to use delaying tactics. The draft initial act featured a question only asking for the authority to declare Quebec sovereign. Pursuant to the partnership agreement with Bouchard and Dumont, the referendum question
3420-534: The Charter provides that the guarantee of rights and freedoms in the Charter should not be understood to "abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada, including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763 ; and (b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired." Section 36 enshrines in
3515-537: The Constitution a value of equal opportunity for the Canadian people, economic development to support that equality, and government services available for public consumption. Subsection 2 goes further in recognizing a "principle" that the federal government should ensure equalization payments . Writing in 1982, Professor Peter Hogg expressed scepticism as to whether the courts could interpret and enforce this provision, noting its "political and moral, rather than legal" character. Other scholars have noted section 36
3610-454: The Crown and aboriginal peoples. Section 35 also provides protection of aboriginal title which protects the use of land for traditional practices. Subsection 35(2) provides that aboriginal and treaty rights extend to Indian , Inuit , and Métis peoples and subsection 35(4), which was added in 1983, ensures that they "are guaranteed equally to any male and female persons". Subsection 35(3), which
3705-634: The Federal Progressive Conservative Party , would be prominently featured, as he and the PCs had closely and productively cooperated with the Quebec Liberals in the Meech Lake negotiations. Fearing missteps by politicians not used to Quebec that had occurred during the Meech Lake and Charlottetown debates, Johnson and the campaign heavily controlled appearances by Federal politicians, including Chrétien. Johnson bluntly banned any appearance by
3800-651: The French version. Although the intention was presumably that the government of Canada would do so by introducing an amendment resolution in the House of Commons, a Senator or a provincial government could presumably do so since, under section 46, such amendments "may be initiated either by the Senate or the House of Commons or by the legislative assembly of a province". The patriation of the Canadian constitution set an example for similar actions by Australia and New Zealand. In 1985 and 1986,
3895-578: The Future of Quebec to commence in February 1995. The commission was boycotted by the Liberal Party of Quebec , the Liberal Party of Canada , and the Progressive Conservative Party of Canada . The primary issue of debate within the sovereignty movement became on what terms sovereignty would be put before the electorate. Parizeau, long identified with the independantiste wing of the party,
Groupaction - Misplaced Pages Continue
3990-584: The Governor General under the Great Seal of Canada pursuant to the procedure then applicable to an amendment of the same provisions of the Constitution of Canada." No action has been taken to put forward the French version for enactment. The reference to a proclamation by the Governor-General implies that some combination of the general, unanimity and special arrangements procedures would be required to enact
4085-511: The House of Assembly) , the Supreme Court of Canada said that s. 52(2) was not an exhaustive listing of all that comprised the Constitution. The Court reserved the right to add unwritten principles to the Constitution, thereby entrenching them and granting them constitutional supremacy (in this case, they added parliamentary privilege to the Constitution). The Court did note, however, that
4180-480: The Quebec government that its consent was not necessary for constitutional change. New Prime Minister Brian Mulroney and Quebec Liberal premier Robert Bourassa sought a series of constitutional amendments designed to address Quebec's concerns. In the Meech Lake Accord , the federal government and all provincial premiers agreed to a series of amendments that decentralized some powers and recognized Quebec as
4275-669: The September sitting of the National Assembly two days forward to be sure that parliamentary immunity would prevent MNAs from being summoned to testify. Justice Lesage of the Court found that secession could only legally be performed by constitutional amendment pursuant to Section V of the Constitution Act, 1982 , and that a unilateral declaration of independence would be "manifestly illegal." Lesage refused to issue an injunction to stop
4370-560: The constitution, introducing several amendments to the British North America Act, 1867 , including re-naming it the Constitution Act, 1867 . In addition to patriating the Constitution, the Constitution Act, 1982 enacted the Canadian Charter of Rights and Freedoms ; guaranteed rights of the Aboriginal peoples of Canada; entrenched provincial jurisdiction over natural resources; provided for future constitutional conferences; and set out
4465-578: The courts. In 1931, the British Parliament enacted the Statute of Westminster, 1931 . This Act provided that the Colonial Laws Validity Act no longer applied to the British Dominions , including Canada. However, it provided that Canada could not amend the British North America Act , which remained subject to amendment only by the British Parliament. This provision maintained the supremacy of
4560-546: The declaration, but ultimately the Federal government decided to participate. In a dramatic reading at the Grand Théâtre de Québec on September 6, the final version of the Sovereignty Bill was unveiled. The bill would be tabled in the National Assembly awaiting the result of the referendum. The question in the 1980 referendum, in an attempt to build a broad coalition, had sought only the authority to negotiate sovereignty with
4655-493: The drafting. Daniel Johnson stated it was confusing and at the very least should have contained the word "country." Prominent federalists argued that the referendum question should not have mentioned "partnership" proposals, because no Canadian political leaders outside Quebec had shown any interest in negotiating a possible partnership agreement with an independent Quebec, and arguably no entity capable of undertaking such negotiations actually existed. Other federalists argued that
4750-426: The economic uncertainty that worried swing voters. Polls in the first week were highly disappointing for the "Yes" camp, as they showed them behind by 5–7 percentage points among decided voters, with an even larger gap if "undecided" voters were weighed toward the "No" side as would generally be expected. Parizeau, a general fixture in Quebec politics for decades whose strong views of sovereignty were well known among
4845-401: The electorate. The same night, Prime Minister Jean Chrétien gave a televised address to the nation in English and French. Broadly similar in both languages, Chrétien promoted the virtues of Canadian federalism to Quebec, touched on the shared values of the country, warned that Parizeau would use the referendum result as a mandate to declare independence from Canada (while explicitly not stating
SECTION 50
#17328480427914940-442: The extent of the inconsistency, of no force or effect." A law that is inconsistent with the Constitution is theoretically of no force or effect from the moment it is made. In practical terms, however, such a law is not seen to be invalid until a court declares it to be inconsistent with the provisions of the Constitution. The executive cannot enforce a law that a court has declared to be without force or effect. But only Parliament or
5035-538: The federal Minister of Justice prepare "a French version of the…Constitution of Canada as expeditiously as possible." The Minister of Justice established a French Constitution Drafting Committee in 1984, which prepared French versions of the Constitution, and presented them to the Minister in 1990. Section 55 also requires that "when any portion thereof sufficient to warrant action being taken has been so prepared, it shall but put forward for enactment by proclamation issued by
5130-469: The government of John Diefenbaker in 1960. However, the Bill of Rights was only a federal statute and was limited in its effectiveness because it is not directly applicable to provincial laws. This motivated some within government to establish unambiguously-constitutional-level bill of rights for all Canadians. The movement for human rights and freedoms that emerged after World War II also wanted to entrench
5225-590: The guarantee of rights and the role of judges in enforcing them than was the Canadian Bill of Rights . The courts , when confronted with violations of Charter rights, have struck down unconstitutional statutes or parts of statutes, as they did when Canadian case law was primarily concerned with resolving issues of federalism . However, section 24 of the Charter granted new powers to the courts to enforce more creative remedies and to exclude improperly obtained evidence in criminal trials. These powers are greater than what
5320-504: The hoax (after a delay due to a Chrétien aide wrongly speculating to Buckingham Palace staff that it could be a genuine call). Fisheries Minister Brian Tobin , expressing anxiety to his staff about the referendum the week before, was told about a small rally planned in Place du Canada in Montreal for businesspersons on October 27. Asked by Federal advisor John Rae, Pierre Claude Nolin agreed to allow Tobin to invite Canadians outside Quebec to
5415-490: The independence of the province and the establishment of a nation state . Among these was René Lévesque , who founded the Parti Québécois with like-minded groups seeking independence from Canada. After winning power in 1976, the PQ government held a referendum in 1980 seeking a mandate to negotiate " sovereignty-association " with Canada, which was decisively defeated. In response to the referendum result, Prime Minister Pierre Trudeau said that he would seek to patriate
5510-550: The list of written documents was static and could not be modified except for through the amending formulas. Section 56 of the Act provides that the parts of the Constitution that were enacted in English and French are equally authoritative , and section 57 adds that the English and French versions of the Constitution Act, 1982 itself are equal. Section 57 is akin section 18 of the Charter, which provides that English and French versions of federal and New Brunswick statutes are equal. The Supreme Court has interpreted section 133 of
5605-427: The margin for error was dramatically reduced. The "No" campaign continued to focus on the economic benefits of federation. Bouchard's speeches asked Quebecers to vote "Yes" to give a clear mandate for change, and that only the clarity of a "Yes" vote would provide a final solution to Canada's long-standing constitutional issues and a new partnership with English Canada for the betterment of both. Bouchard's popularity
5700-440: The official beginning of the referendum campaign. After the agreement of June 12, the "Yes" campaign would be headed by Jacques Parizeau. The official "No" campaign would be chaired by Liberal leader Daniel Johnson Jr. Making matters more complex, especially for the "No" camp, was the federal nature of Canada . The governing Liberal Party of Canada and its leader, Prime Minister Jean Chrétien were not strongly represented in
5795-406: The partnership negotiation process, and a general plan of seeking "sovereignty" while requiring an economic and social partnership offer be negotiated and presented to the rest of Canada. Most importantly for Parizeau, the agreement also allowed the government to declare immediate independence if negotiations were not successful or heard after a successful referendum. The looming referendum prompted
SECTION 60
#17328480427915890-488: The planned referendum date to the fall, Deputy Premier Bernard Landry aroused ire by stating he would not want to be involved in a " charge of the light brigade ." During the Bloc's April conference, after a speech demanding a change in direction, Bouchard expressed ambivalence to a radio show about participating if a partnership proposal was not included. Mario Dumont , leader of the new Action démocratique du Québec , also stated that he would only consider participation in
5985-417: The populace, was under pressure to create a spark. In an unannounced ceremony on October 7 at the Université de Montréal , Parizeau made a surprise announcement: He appointed Bouchard as "chief negotiator" for the partnership talks following a "Yes" vote. The move came as a dramatic surprise to the campaign, promoting the popular Bouchard to the fore and simultaneously emphasizing the "partnership" aspect of
6080-508: The press as a blunt refusal. Chrétien's position was far more difficult than Johnson's: part of the 1993 Liberal election platform had been moving the country away from large-scale constitutional debates. Provincial governments were also far more hostile to the constitutional process than they had been in the decade prior, with even the federal government's typical ally, Ontario, being firmly against any pursuit of constitutional accommodation. French President Jacques Chirac , while answering
6175-419: The principles enunciated in the Universal Declaration of Human Rights . The Charter was drafted by the federal government with consultations with the provincial governments in the years leading up to the passage of the Constitution Act, 1982 . One of the most notable effects of the adoption of the Charter was to greatly expand the range of judicial review , because the Charter is more explicit with respect to
6270-418: The procedures for amending the Constitution in the future. This process was necessary because, after the Statute of Westminster, 1931 , Canada allowed the British Parliament to retain the power to amend Canada's constitution, until Canadian governments could agree on an all-in-Canada amending formula. In 1981, following substantial agreement on a new amending formula, the Parliament of Canada requested that
6365-460: The province in which they reside" will not be in force in Quebec until the Quebec government or legislature chooses to ratify it. Section 35 of the Constitution Act, 1982 "recognizes and affirms" the "existing" aboriginal and treaty rights in Canada. These aboriginal rights protect the activities, practice, or traditions that are integral to the distinct cultures of the aboriginal peoples. The treaty rights protect and enforce agreements between
6460-428: The province outside of Montreal. Chrétien's involvement in the 1982 negotiations and his stance against the Meech Lake Accord made him unpopular with moderate francophone federalists and sovereignists, who would be the swing voters in the referendum. Lucienne Robillard , a nationalist former Bourassa-era cabinet minister, would serve as the federal Liberal representative on the "No" committee. Jean Charest , leader of
6555-407: The provinces exclusive jurisdiction to regulate the development of non-renewable natural resources and electrical generation. These amendments were set out in sections 50 and 51 of the 1982 act. Subsection 52(1) of the Constitution Act, 1982 provides that the Constitution of Canada is the "supreme law of Canada", and that "any law inconsistent with the provisions of the Constitution of Canada is, to
6650-439: The provincial vote counting and direct federal financial involvement in the final days of the campaign reverberated in Canadian politics for over a decade after the referendum took place. In the aftermath of the close result, the federal government, after unilaterally recognizing Quebec as a distinct society and amending the federal constitutional veto procedure, referred the issue to the Supreme Court of Canada , which stated that
6745-402: The question erroneously implied an agreement had been reached between Canada and Quebec regarding a partnership on June 12, 1995. Parizeau would later express regret that the agreement had to be cited in the question, but noted that the June 12, 1995 agreement had been sent to every registered voter in the province. Pursuant to Quebec's Referendum Act (enacted by the National Assembly prior to
6840-403: The question. Bouchard, already popular, became a sensation: in addition to his medical struggles and charisma, his more moderate approach and prominent involvement in the Meech Lake Accord while in Ottawa reminded undecided nationalist voters of federal missteps from years past. Politicians on both sides described his appeal as messianic and almost impossible to personally attack, in contrast to
6935-463: The rally, provided Quebec's referendum laws were adhered to. Tobin then encouraged fellow caucus members to send as many people as possible. Constitution Act of 1982 [REDACTED] Canada portal The Constitution Act, 1982 (French: Loi constitutionnelle de 1982 ) is a part of the Constitution of Canada . The Act was introduced as part of Canada's process of patriating
7030-499: The referendum if a partnership was made part of the question. The final findings of the National Commission, issued April 19, included a statement that the public generally desired an economic partnership with Canada. Fearing Bouchard and Dumont would further dilute their position as the referendum wore on, Parizeau agreed to negotiate a broader approach, and would agree to a statement that included partnership with Dumont and Bouchard on June 12, 1995. The Agreement contained details of
7125-444: The referendum of 1980), the campaign would be conducted as a provincially governed election campaign, and all campaign spending had to be authorized and accounted for under "Yes" (Le Comité national du OUI) or "No" (Comité des Québécoises et des Québécois pour le NON) umbrella committees. Each committee had an authorized budget of $ 5 million. Campaign spending by any person or group other than the official committees would be illegal after
7220-418: The referendum timetable. Quebec Attorney General Paul Bégin stated that he believed an extra-constitutional referendum was legal pursuant to international law . Quebec Liberal leader and "No" campaign chairman Daniel Johnson announced the following day that the ruling would not change the strategy of the "No" campaign. Some Federal officials questioned if their level of government could be involved after
7315-437: The referendum was launched by the provincial Parti Québécois government of Jacques Parizeau . Despite initial predictions of a heavy sovereignist defeat, an eventful and complex campaign followed, with the "Yes" side flourishing after being taken over by Bloc Québécois leader Lucien Bouchard . Voting took place on 30 October 1995, and featured the largest voter turnout in Quebec's history (93.52%). The "No" option carried by
7410-440: The referendum, as he believed that to do so could paralyze the workings of government and cause more disorder than the referendum being held. The Court opted for declaratory relief, declaring that the Sovereignty Bill and the referendum constituted a serious threat to Bertrand's Charter rights. Parizeau denounced the decision as undemocratic, stated that the Constitution Act, 1982 did not apply to Quebec, and refused to move
7505-510: The referendum. First Nations communities contributed significantly to the tense debate on a hypothetical partition of Quebec . The Grand Council of the Crees in Northern Quebec was particularly vocal and prominent in its resistance to the idea of being included in an independent Quebec. Grand Chief Matthew Coon Come issued a legal paper, titled Sovereign Injustice , which sought to affirm
7600-428: The response. Bouchard's French address recounted the previous animosities of the constitutional debate, specifically targeting Chrétien's career and actions, including showing a newspaper headline from the aftermath of the 1982 Constitution that featured Trudeau and Chrétien laughing. Bouchard then focused on the details of the partnership aspect of the proposal. He used his English address to ask Canadians to understand
7695-405: The result would be accepted), and announced that Quebec would be recognized as a distinct society and that any future constitutional reform that impacted Quebec would be made with the province's consent. The "Yes" side was provided airtime for a rebuttal in English and French. Lucien Bouchard was given the task in both languages, with the "Yes" campaign stating that a federal politician should give
7790-560: The rules set out in the Constitution itself. Subsection 52(3) entrenches constitutional supremacy and prevents Parliament and the provincial legislatures from making most constitutional amendments using simple legislation. The rules for amending Canada's constitution are quite dense. They are mostly laid out in Part V of the Constitution Act, 1982 . There are five different amendment procedures, each applicable to different types of amendments. These five formulas are: Neither aboriginal peoples' or
7885-517: The territories' agreement is required to make a constitutional amendment, even if it affects their interests. Section 35.1 commits the governments of Canada and the provinces "to the principle that, before any amendment is made [to subsection 91(24) of the Constitution Act, 1867 , section 25 of the Charter or sections 35 or 35.1 of the Constitution Act, 1982]" that the Prime Minister will convene
7980-477: The traditional themes of the movement's appeal to Quebec nationalism, the "Yes" campaign attempted to highlight the slim possibility of any future reform to Canada's federal system. Parizeau bitterly attacked business leaders for intervening in the referendum, calling it a betrayal of their Quebec customers and workers. While Parizeau's responses were highly popular with "Yes" stalwarts, it was generally seen that speeches against business leaders were only highlighting
8075-580: The unilateral secession contemplated in the referendum was illegal. Quebec, a province in Canada since its foundation in 1867 , has always been the sole majority French-speaking province. Long ruled by forces (such as the Union Nationale ) that focused on affirmation of the province's Francophone and Catholic identity within Canada, the Quiet Revolution of the early 1960s prompted a surge in civic and economic nationalism, as well as voices calling for
8170-437: The vote. Unwilling to believe Parizeau had given up his leadership role voluntarily, most in the "No" camp and Ottawa had assumed a coup had taken place, though the manoeuvre had been planned and voluntary. The dramatic events prompted many federal politicians to lobby for similarly dramatic intervention from Ottawa and the federal government, which were refused by the "No" committee, who believed that with Bouchard's introduction
8265-448: The well-worn figures on both sides of the referendum. "No" advisor John Parisella noted that at focus groups , when presented with statements Bouchard had made that they did not like, participants would refuse to believe he meant them. New polls eventually showed a majority of Quebecers intending to vote "Yes". "No" forces, including Johnson, were shocked by the development, which required wholesale changes in strategy three weeks before
8360-448: Was also added in 1983, clarifies that "treaty rights" include "rights that now exist by way of land claims agreements or may be so acquired". As a result, by entering into land claims agreements, the government of Canada and members of an aboriginal people can establish new treaty rights, which are constitutionally recognized and affirmed. There are other sections of the Constitution Act, 1982 that address aboriginal rights. Section 25 of
8455-503: Was changed to incorporate the partnership agreement. It was presented on September 7, 1995, to be voted on October 30, 1995. In English, the question on the ballot asked: Do you agree that Quebec should become sovereign, after having made a formal offer to Canada for a new economic and political partnership, within the scope of the bill respecting the future of Quebec and of the agreement signed on June 12, 1995? The question came under immediate fire from federalists, who had no input in
8550-411: Was never necessary and 15 years after ratification the government of Quebec "passed a resolution authorizing an amendment." Nonetheless, the lack of formal approval has remained a persistent political issue in Quebec. The Meech Lake and Charlottetown Accords were designed to secure approval from Quebec, but both efforts failed to do so. The Canadian Charter of Rights and Freedoms is the part I of
8645-449: Was opposed to the PQ's general historical preference for an economic relationship with the rest of Canada to be offered alongside sovereignty, as he thought this would encourage the Federal government to simply refuse to negotiate and cast the project as doomed, as had happened in 1980. As a practical matter, Parizeau believed that given the emotional circumstances of separation a special partnership
8740-523: Was such that his remarks that the Québécois were the "white race" with the lowest rate of reproduction, which threatened to cast the project as focused on ethnic nationalism , were traversed with ease. Bloc Québécois MP Suzanne Tremblay was less successful in this regard, and apologized after answering journalist Joyce Napier 's question of how minority francophones outside of Quebec would be helped by independence by stating that Napier's last name and lack of
8835-474: Was the second referendum to ask voters in the predominantly French-speaking Canadian province of Quebec whether Quebec should proclaim sovereignty and become an independent country, with the condition precedent of offering a political and economic agreement to Canada. The culmination of multiple years of debate and planning after the failure of the Meech Lake and Charlottetown constitutional accords,
8930-458: Was typical under the common law and under the principle of Parliamentary supremacy , which Canada had inherited from the United Kingdom. Section 59 limits the application of section 23 of the Charter in Quebec. Paragraph 23(1)(a) of the Charter, which guarantees the minority language education rights of Canadian citizens "whose first language learned and still understood is that of the English or French minority linguistic minority population of
9025-425: Was unlikely, and that given free trade agreements and other multilateral institutions it was unnecessary. Parizeau's stance created opposition in the sovereignty movement, which coalesced around Bloc Québécois leader Lucien Bouchard. A popular and charismatic figure, Bouchard had come close to death from necrotizing fasciitis and lost his left leg. His recovery, and subsequent public appearances on crutches, provided
#790209