Victoria Charter
Encyclopedia
The Victoria Charter was a set of proposed amendments to the Constitution of Canada
in 1971. This document represented a failed attempt on the part of Prime Minister
Pierre Trudeau
to patriate
the Constitution, add rights and freedoms to it and entrench English
and French
as Canada
's official language
s; he later succeeded in all these objectives in 1982 with the enactment of the Canada Act 1982
.
, which remain in the Constitution. There was also a bill of rights
and a new amending formula
.
.
The first article "declared" the existence of freedom of expression and freedom of religion
, and like the 1960 Canadian Bill of Rights
, stipulated that "all laws shall be construed and applied so as not to abrogate or abridge any such freedom." Article 2 established the applicability of the bill of rights to Parliament and the legislatures, and article 3 allowed for reasonable limits on rights (compare this to section 1 of the Charter
).
Article 4 recognized the importance of the right to vote, and article 5 elaborated on this by saying the right could not be denied due to race, religion or sex. Articles 6 and 7 set the maximum duration of the Canadian House of Commons
and provincial legislatures at five years (a function now assumed by section 4 of the Charter
).
, Quebec
, Nova Scotia
, New Brunswick
, Manitoba
, Prince Edward Island
and Newfoundland
.
, with Part IV discussing the Supreme Court of Canada
. Article 22 recognized the existence of the Supreme Court, in contrast to the Constitution Act, 1867
, which merely permitted Parliament to create such a court.
Articles 24 to 33 dealt with Supreme Court appointments. Article 25 would have constitutionalized the requirement that three judges should come from Quebec, and articles 26 to 30 assigned partial responsibility of appointments to both federal and provincial justice ministers. Their choices, however, would be narrowed down and approved by a council (under article 31).
Part V was much shorter, consisting of article 43, which permitted Parliament to regulate the organization of courts.
, Part VII of the Victoria Charter addressed "Regional Disparities". Article 46 emphasized the values of equality of opportunity and assurances to public services. It also emphasized "economic development" to reduce regional disparities.
However, article 47 clarified that article 46 could not be used to force Parliament or the provincial legislatures to take any sort of action, and clarified article 46 would not affect the current division of powers
. Thus, Part VII served to recognize values not meant to be enforced by courts.
es to the federal government and the two largest provinces, Ontario and Quebec. Later, when the Canada Act 1982 was enacted, no province was given the veto, except in certain areas where unanimity is required. (The lack of veto power for Quebec was discussed and upheld by the Supreme Court in the Quebec Veto Reference
.) In contrast, the Meech Lake Accord
, proposed amendments in 1987-1990, would have given every province the veto.
The premier of the third largest province, British Columbia
, also wanted this power, but the Victoria Charter did not recognize any veto for British Columbia. It did, however, stipulate that at least two provinces in Western Canada
should approve an amendment, and that these provinces should contain half or more of the total Western population. The majority of provinces would be needed for amendments to pass, and this would also have to include two provinces in Atlantic Canada
.
, Robert Bourassa
, stalled and rejected it. In his Memoirs, Trudeau recalled Bourassa had slowed down negotiations after all provinces had accepted the Charter. Bourassa did this by coming up with a new proposal that would give provinces supremacy over social policy, and the federal government would provide the money for such policy. Trudeau replied he could never agree to this proposal, and Bourassa retracted his approval of the Charter. Bourassa's explanation for not accepting the Charter immediately was that he would have to ask his cabinet and he was worried Quebec nationalists
and students would rally against the Charter. Eventually such protests did occur.
in provincial elections in 1976
and for the Meech Lake Accord, since Bourassa had cost Quebec a constitutional veto. "Much of Bourassa's subsequent career has been spent trying to regain what he was once so unwise as to refuse," Trudeau wrote.
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
in 1971. This document represented a failed attempt on the part of Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
Pierre Trudeau
Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
to patriate
Patriation
Patriation is a non-legal term used in Canada to describe a process of constitutional change also known as "homecoming" of the constitution. Up until 1982, Canada was governed by a constitution that was a British law and could be changed only by an Act of the British Parliament...
the Constitution, add rights and freedoms to it and entrench English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
and French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
as Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
's official language
Official language
An official language is a language that is given a special legal status in a particular country, state, or other jurisdiction. Typically a nation's official language will be the one used in that nation's courts, parliament and administration. However, official status can also be used to give a...
s; he later succeeded in all these objectives in 1982 with the enactment of the Canada Act 1982
Canada Act 1982
The Canada Act 1982 is an Act of the Parliament of the United Kingdom that was passed at the request of the Canadian federal government to "patriate" Canada's constitution, ending the necessity for the country to request certain types of amendment to the Constitution of Canada to be made by the...
.
Content
The Charter would have also terminated the powers of disallowance and reservationDisallowance and reservation
Disallowance and reservation are constitutional powers that theoretically exist in certain Commonwealth realms to delay or overrule legislation. Originally created to retain the Crown's authority over colonial authorities across the British Empire, these powers are now generally obsolete, or have...
, which remain in the Constitution. There was also a bill of rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
and a new amending formula
Amendments to the Constitution of Canada
Amendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government. Only since 1982 has there been an official protocol to amend the Constitution.- History :...
.
Bill of rights
The Victoria Charter began with the title "Part I - Political Rights", which contained nine "articles." This bill of rights, however, was not as elaborate as Canada's current constitutional bill of rights, the Canadian Charter of Rights and FreedomsCanadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
The first article "declared" the existence of freedom of expression and freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, and like the 1960 Canadian Bill of Rights
Canadian Bill of Rights
The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...
, stipulated that "all laws shall be construed and applied so as not to abrogate or abridge any such freedom." Article 2 established the applicability of the bill of rights to Parliament and the legislatures, and article 3 allowed for reasonable limits on rights (compare this to section 1 of the Charter
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
).
Article 4 recognized the importance of the right to vote, and article 5 elaborated on this by saying the right could not be denied due to race, religion or sex. Articles 6 and 7 set the maximum duration of the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
and provincial legislatures at five years (a function now assumed by section 4 of the Charter
Section Four of the Canadian Charter of Rights and Freedoms
Section Four of the Canadian Charter of Rights and Freedoms is one of three democratic rights sections in the Charter. Section 4 guarantees that federal and provincial elections must take place from time to time. Subsection 4 provides that the maximum term of the House of Commons, and of all the...
).
Language rights
Language rights were covered by Part II of the Victoria Charter. Article 10 recognized Canada's official bilingualism and article 11 allowed bilingualism in Parliament and in the legislatures of OntarioOntario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
, Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
, New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
, Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
, Prince Edward Island
Prince Edward Island
Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
and Newfoundland
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
.
Judicial system
Parts IV and V dealt with the court system of CanadaCourt system of Canada
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature while others are provincial or territorial....
, with Part IV discussing the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. Article 22 recognized the existence of the Supreme Court, in contrast to the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
, which merely permitted Parliament to create such a court.
Articles 24 to 33 dealt with Supreme Court appointments. Article 25 would have constitutionalized the requirement that three judges should come from Quebec, and articles 26 to 30 assigned partial responsibility of appointments to both federal and provincial justice ministers. Their choices, however, would be narrowed down and approved by a council (under article 31).
Part V was much shorter, consisting of article 43, which permitted Parliament to regulate the organization of courts.
Equal opportunity
Like section 36 of the Constitution Act, 1982Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
, Part VII of the Victoria Charter addressed "Regional Disparities". Article 46 emphasized the values of equality of opportunity and assurances to public services. It also emphasized "economic development" to reduce regional disparities.
However, article 47 clarified that article 46 could not be used to force Parliament or the provincial legislatures to take any sort of action, and clarified article 46 would not affect the current division of powers
Canadian federalism
Canada is a federation with two distinct jurisdictions of political authority: the country-wide federal government and the ten regionally-based provincial governments. It also has three territorial governments in the far north, though these are subject to the federal government...
. Thus, Part VII served to recognize values not meant to be enforced by courts.
Amending formula
The Charter set up an amending formula that would give vetoVeto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
es to the federal government and the two largest provinces, Ontario and Quebec. Later, when the Canada Act 1982 was enacted, no province was given the veto, except in certain areas where unanimity is required. (The lack of veto power for Quebec was discussed and upheld by the Supreme Court in the Quebec Veto Reference
Quebec Veto Reference
Quebec Veto Reference [1982] 2 S.C.R. 793 is a Supreme Court of Canada opinion on whether there is a constitutional convention giving the province of Quebec a veto over Amendments to the Constitution of Canada...
.) In contrast, the Meech Lake Accord
Meech Lake Accord
The Meech Lake Accord was a package of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and ten provincial premiers. It was intended to persuade the government of the Province of Quebec to endorse the 1982 Canadian Constitution and increase...
, proposed amendments in 1987-1990, would have given every province the veto.
The premier of the third largest province, British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, also wanted this power, but the Victoria Charter did not recognize any veto for British Columbia. It did, however, stipulate that at least two provinces in Western Canada
Western Canada
Western Canada, also referred to as the Western provinces and commonly as the West, is a region of Canada that includes the four provinces west of the province of Ontario.- Provinces :...
should approve an amendment, and that these provinces should contain half or more of the total Western population. The majority of provinces would be needed for amendments to pass, and this would also have to include two provinces in Atlantic Canada
Atlantic Canada
Atlantic Canada is the region of Canada comprising the four provinces located on the Atlantic coast, excluding Quebec: the three Maritime provinces – New Brunswick, Prince Edward Island, and Nova Scotia – and Newfoundland and Labrador...
.
Negotiations
The Charter failed when the premier of QuebecPremier of Quebec
The Premier of Quebec is the first minister of the Canadian province of Quebec. The Premier is the province's head of government and his title is Premier and President of the Executive Council....
, Robert Bourassa
Robert Bourassa
Jean-Robert Bourassa, was a politician in Quebec, Canada. He served as the 22nd Premier of Quebec in two different mandates, first from May 12, 1970, to November 25, 1976, and then from December 12, 1985, to January 11, 1994, serving a total of just under 15 years as Provincial Premier.-Early...
, stalled and rejected it. In his Memoirs, Trudeau recalled Bourassa had slowed down negotiations after all provinces had accepted the Charter. Bourassa did this by coming up with a new proposal that would give provinces supremacy over social policy, and the federal government would provide the money for such policy. Trudeau replied he could never agree to this proposal, and Bourassa retracted his approval of the Charter. Bourassa's explanation for not accepting the Charter immediately was that he would have to ask his cabinet and he was worried Quebec nationalists
Quebec nationalism
Quebec nationalism is a nationalist movement in the Canadian province of Quebec .-1534–1774:Canada was first a french colony. Jacques Cartier claimed it for France in 1534, and permanent French settlement began in 1608. It was part of New France, which constituted all French colonies in North America...
and students would rally against the Charter. Eventually such protests did occur.
Legacy
Trudeau blamed Bourassa's rejection of the Charter for the later victory of the Parti QuébécoisParti Québécois
The Parti Québécois is a centre-left political party that advocates national sovereignty for the province of Quebec and secession from Canada. The Party traditionally has support from the labour movement. Unlike many other social-democratic parties, its ties with the labour movement are informal...
in provincial elections in 1976
Quebec general election, 1976
The Quebec general election of 1976 was held on November 15, 1976 to elect members to National Assembly of the Province of Quebec, Canada. It was one of the most significant elections in Quebec history, rivalled only by the 1960 general election, and caused major repercussions in the rest of Canada...
and for the Meech Lake Accord, since Bourassa had cost Quebec a constitutional veto. "Much of Bourassa's subsequent career has been spent trying to regain what he was once so unwise as to refuse," Trudeau wrote.