Introduction
The Charlottetown Accord of 1992 stands as a pivotal but unsuccessful attempt by Prime Minister Brian Mulroney and the ten provincial premiers to amend the Canadian Constitution.
Crafted with the goal of securing Quebec's consent to the 1982 Constitutional Act, the Accord aimed to recognize Quebec as a distinct society while decentralizing several federal powers to the provinces.
Additionally, it sought to address Indigenous self-determination, reform the Senate and House of Commons, and tackle other constitutional intricacies.
Despite gaining approval from the federal government and all ten provinces, the Canadian electorate rejected the Accord in a referendum held on October 26, 1992.
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| The Failed Endeavor: Charlottetown Accord of 1992 |
Background: Post-Meech Accord Era
The Charlottetown Accord emerged in the aftermath of the failure of the Meech Lake Accord in 1990.
The Conservative government, led by Brian Mulroney, endeavored once again to resolve the political dilemma created in 1981-1982 when Canada repatriated and modified its Constitution without Quebec's agreement.
Mulroney appointed former Prime Minister Joe Clark as the Minister of Constitutional Affairs in 1990, entrusting him with the task of forging a new agreement to break the constitutional deadlock with Quebec.
National Debate and Framework Creation
This period witnessed an intense national debate about the nature of Confederation and the intricate details of constitutional reform.
Various governments and numerous interest groups presented their demands for constitutional renewal.
Quebec established the Allaire Committee and the Bélanger-Campeau Commission, while nationally, the Beaudoin-Edwards Committee and the Spicer Commission were formed.
These bodies produced various reports, including the federal document "Building the Future of Canada Together."
Road to Charlottetown
A series of five national conferences were convened by the federal government to examine the proposals in "Building the Future of Canada Together."
These conferences resulted in the federal report "A Renewed Canada."
Subsequent negotiations involving the federal, provincial, and territorial governments took place, with the participation of Indigenous groups such as the Assembly of First Nations,
the Congress of Aboriginal Peoples (now the Congress of Indigenous Peoples), Inuit Tapirisat of Canada, and the National Métis Council.
Quebec joined the talks towards the end, leading to the official presentation of the Charlottetown Accord on August 28, 1992, in Charlottetown, Prince Edward Island.
Key Provisions of the Accord
- Power Sharing
The Accord addressed several critical issues related to legislative jurisdiction, designating forests, mines, and other areas as the exclusive domain of the provinces.
It mandated federal collaboration with provinces for the "harmonization" of actions in areas such as telecommunications, training and workforce, regional development, and immigration.
- Cultural Recognition
Recognizing provincial jurisdiction in cultural matters, the federal government retained control over national institutions like the Canadian Broadcasting Corporation and the National Film Board.
- Constitutional Components
The Accord aimed to alter seldom-invoked centralizing components of the Constitution,
including the federal power of disallowance and reservation and the declaratory power outlined in section 92(10)(c) of the Constitution Act, 1867.
- Fiscal Measures
Significantly, the Accord addressed the federal spending power.
Provinces declining to participate in a constitutional amendment transferring provincial powers to the federal government would receive compensation, provided they funded their own programs.
- Social and Economic Union
The Accord envisioned a "social charter" to promote healthcare, social welfare services, education, environmental protection, workers' right to collective bargaining, and other social objectives.
It also aimed at economic goals, including inter-provincial and inter-territorial free trade and provisions related to employment, living standards, and development.
- Indigenous Autonomy
Recognizing Indigenous peoples' right to self-government, the Accord imposed a three-year moratorium on judicial recognition of this concept and provided for Indigenous representation in the Canadian Parliament.
- Quebec's Distinct Society
Incorporating the "Canada clause," the Accord outlined the fundamental values of Canada, acknowledging Quebec as a distinct society within the nation, alongside principles of egalitarianism and diversity.
Institutional Reforms
The Charlottetown Accord proposed various changes to Canadian governance, including the constitutional embedding of the composition and appointment system of Supreme Court judges.
The Senate would undergo reforms to become an "elected, equal, and effective" chamber, with each province having an equal number of senators.
Referendum and Rejection
Despite official endorsement from the federal government and all ten provincial governments, the Mulroney administration opted for a national referendum, learning from the criticism surrounding the secretive nature of the Meech Accord.
The referendum, held on October 26, 1992, posed the question: "Do you agree that the Constitution of Canada should be renewed on the basis of the agreement reached on August 28, 1992?"
Nationally, 54.3% of voters opposed the Charlottetown Accord.
Notably, it was approved in New Brunswick, Newfoundland, Prince Edward Island, and the Northwest Territories, and narrowly in Ontario with 50.1%.
In Quebec, however, the rejection rate stood at 56.7%.
Legacy
Following the failures of both the Meech Lake Accord and the Charlottetown Accord, Canadians found themselves once again unable to achieve a national consensus on constitutional reform.
Ironically, the key issues addressed in the Accord, such as interprovincial trade barriers and Senate reform, continued to spark debates for years to come.
The Charlottetown Accord's legacy resonated in subsequent attempts at constitutional reform, including the 1994 Agreement on Internal Trade and the 2017 Canada Free Trade Agreement.
Despite its rejection, the Accord remains a crucial chapter in Canadian constitutional history, symbolizing the challenges of navigating national unity and reform aspirations.