Meech Lake Accord
The Meech Lake Accord ( Accord du lac Meech French, English. Meech Lake Accord, dt as " Meech Lake Accord " ) of 1987 is a failed complement the Canadian Constitution. The agreement is thus one of a series of experiments, carried out in the years 1985 to 1992 constitutional amendments. They were based in turn on the Constitutional Act of 1982 ( Loi de 1982 sur le Canada / Canada Act 1982 ), the Canada freed from the obligation of having to ask the British Parliament to approve a constitutional amendment. In addition, the Progressive Conservative party has had since its landslide victory of 1984, a very solid majority.
Prime Minister Brian Mulroney and the premiers of the provinces wanted the province of Quebec cause to finally approve the Constitution Act of 1982. The agreement, together with the Charlottetown Accord one of the most important but unsuccessful attempts to strengthen the rights of the provinces against the federal government and Supreme Court, and eliminate monarchical elements. However, it Quebec claimed a special role as a different type, differing company (société distinct / distinct society ). Therefore, most provinces rejected the draft. The right of Quebec to continuing otherness still has far-reaching consequences, especially for the minority policy.
The attempt by the constitutional amendment was named after the meeting of the First Minister, the Premiers of the provinces, the Meech Lake in Quebec.
Prehistory
The triggering point of contention was the representation of the provinces in the Senate, as the now grown population of several provinces there no longer felt adequately represented. In the Senate, sitting 105 deputies who are appointed by the Governor-General as the representative of the British Crown, on the recommendation of the Prime Minister. Since the influence of the Senate (also called the House of Lords ) mainly increased in tax matters, this question has become increasingly important, especially as the economic and population centers shifted increasingly to Ontario and Western Canada. In addition, the Senate prevailed, the Liberals, while the government in 1984 went to the Progressive Conservatives. In addition to the Senate, there was practically no opposition, a condition which lasted approximately from 1984 to 1997. So the Senate in 1985 for the first time refused to consent to the issuance of new debt.
The request for a three -E Senate ( Elected - elected; equal - equal to ( authorized representative ); effective - efficient) was under these circumstances - here the progressive- conservative government, there the liberal Senate - now discussed more violent, especially as the representation had not been changed in the provinces since the Constitution Act of 1867. Prime Minister Brian Mulroney attempted the Senate to wrest control rights to take the debate the point, but silted up the discussion. 1988, the Senate rejected the first time from a law of the House, a free trade agreement with the United States.
Already in 1981, had a round of negotiations under the leadership of Prime Minister Pierre Trudeau reached that the Constitution " brought home " is an act that carries the name in Canada patria tion. Although this agreement has been converted into a law, which should complement the British North America Acts as the Constitution, so the compromise was yet achieved against the resistance of the prime minister of Quebec, René Lévesque. In addition, the National Assembly ( Assemblée Nationale ) of the province refused to ratify the supplement. The Supreme Court had previously determined ( Quebec Veto Reference), that the federal government may ask the British Parliament to pass the Constitutional Act of 1982 provisionally, provided there is a substantial degree of provincial consent. Therefore, this new constitution should in all provinces of Canada have legal validity in spite of the resistance of the province of Quebec.
This sharp contrast between Quebec and Ottawa shifted with the election of Brian Mulroney to the Canadian Prime Minister and Robert Bourassas re-election for Québec Premier.
The agreement and its failure
The agreement took place in 1987 at Lac Meech, in the Gatineau Hills near Ottawa instead. Bourassa turned five minimum conditions: recognition of Quebec as a different kind of society - a claim that Brian Mulroney on 15 April 1987 approved - a constitutional veto for Quebec, increased influence in the immigration issue on the part of the province, an adequate compensation when one of the provinces of federal funds separated, to influence the composition of senators and judges chairs by the Supreme Court.
With these extensive additions were needed again, the consent of all the provinces and the adaptation of federal legislation within three years. The Senate should also be reformed later than 1 July 1995. It should be equipped with more power and represent the provinces pronounced. Quebec should be 24 seats, Ontario 18, all other provinces eight seats, except the Prince Edward Island, which should get four seats.
For this, the gender equality should not be weakened, the same was true of the territories, which should also be able to determine senators and Supreme Court justices. These conferences should be held to Aboriginal and minority languages issues. In addition, a Canada Clause should be developed to define the procedure for the creation of new provinces and constitutional amendments.
From 12 to 25 May 1987, the Commission permanent des institutions du Québec discussed the agreement. On 3 June, the Prime Minister presented the text, on June 11, the Senate approved the establishment of a commission to advise on. Both houses finally agreed to the establishment of a Conciliation Committee for consultation, which began its deliberations on August 4 and September 21, presented by the two opposing positions. After Quebec had already approved the agreement, Saskatchewan declared on 23 September its approval on December 7, Alberta. But by this time taught a one Ontario Select Committee on Constitutional Reform, which began its work in early 1988. Already on January 3, turn, put a special committee of the Senate, the Senate Task Force on the Meech Lake Constitutional Accord and on the Yukon and the Northwest Territories, before initial decisions. On 13 May 1988, the province agreed to Prince Edward Island to four days later you debated on the initiative of the Conservatives in the House on May 25 voted to Nova Scotia, on June 29, Ontario, on July 7 as the eighth province of Newfoundland.
On May 18, 1988 this was Frank McKenna, Premier of New Brunswick, proposes to establish a Select Committee on the 1987 Constitutional Accord. In January and February here in 1989 public hearings were held. In Manitoba, the resistance was even stronger, because in December 1987 had the design by Premier Gary Filmon be withdrawn; also found public hearings held ( in April and May 1989). Although the Prime Minister and the First Minister of the ten provinces only three times in 1989 advised to bargain, they ultimately came to nothing.
On 23 January 1990, the Premier of British Columbia, Bill Vander Zalm was trying to save Meech still, like Frank McKenna of New Brunswick. On April 6, 1990 Newfoundland revoked his consent. The Special Committee of the House tried on May 17, the process to bring once more in motion, but after the presentation by the Chairman Jean Charest left François Gérin of Quebec the session. Even the Progressive Conservative Gilbert Chartrand left the party and remained as an independent Member of Parliament. On 22 May 1990, the Environment Minister Lucien Bouchard resigned and also left as the " Independent ". From June 3 to 9 took the Premiers of the Provinces and the prime minister one last attempt was so far successful, as an elected Senator of the province was sent to the upper house for the first time. On 12 June 1990, the Premier of Manitoba attempted to submit the agreement, but he failed at the Indian Parliament Member Elijah Harper, who prevented the unanimity required by law. The chiefs of Manitoba agreed on 16 June it to do everything, "to kill the Meech Lake Accord ". The very next day sent the Premier Senator Lowell Murray to the chiefs to negotiate.
Two days earlier, Parliament had approved the agreement of New Brunswick. However, the deadline was fast approaching, so you tried to lay on the Supreme Court further back. Meanwhile, left on 26 three Progressive Conservative Party and remained as independents in parliament. Three days later, on June 29, came under the leadership of Lucien Bouchard six MPs in Quebec and formed a separate block. In many provinces interviews were conducted, commissions set up and negotiated.
But ultimately it came to deadline, ie within three years of the agreement to agree, Meech Lake Accord so that never became effective. The criticism was kindled in a lack of representation of the provinces of Quebec, and the waywardness formation process, in Manitoba the chiefs saw their rights threatened.