Distinct Society

THE MEECH LAKE ACCORD AND THE DEFINITION OF DISTINCT SOCIETY

The Meech Lake Accord , proposed (but never enacted) Amendments To The Constitution from 1987 to 1990, would have inserted the phrase "distinct society" into the Constitution Act, 1867 as section 2 of that Act (the original section 2 of the Act had already been repealed; currently there still is no section 2). In doing so, the Accord would have recognized the difference of Quebec from the rest of Canada, and perhaps implicitly recognize Quebec's Peoplehood . As author Marjorie Bowker wrote, it was primarily a reference to Quebec's " Laws , its Language and its Culture ." {Link without Title}

The National Assembly Of Quebec was then referred to in the Accord as having the power to protect Quebec's distinctiveness.

It is controversial as to whether Quebec can be referred to as a ''nation'', and the use of that word in the official papers of the Accord would have probably doomed its approval in the rest of Canada. However, the "distinct society" euphemism itself seems to have shocked English Canadian s, partly leading to the demise of the accord in the other provinces. Some critics, such as the Reform Party Of Canada , saw it as granting special status to Quebec, which offended their vision of Canada in which all provinces are equal. Others feared that if the National Assembly was empowered to promote Quebec's distinctiveness, a provincial government might decide Quebec must secede in order to keep its distinctiveness. {Link without Title}

'' that he told Newfoundland Premier Clyde Wells that "distinct society" "means Dick ."

Constitutional scholar Peter Hogg was also confident the distinct society clause signalled little legal change. As he wrote in 1988, the distinct society clause is "an affirmation of sociological facts with little legal significance." He believed it was merely a reference to the fact that Quebec is the only province where most Canadians speak French rather than English and that Quebec is the only jurisdiction in Canada that practices Civil Law rather than Common Law . The only place in the Accord where he saw Quebec's distinct society given real substance was in the other provisions, as Quebec would gain more powers in regard to Immigration . In fact, although Quebec is not declared to be distinct elsewhere in the Constitution Of Canada , Hogg argued several parts of the Constitution prior to 1987 already indicated Quebec had distinctiveness and the law should reflect this. Canadian Federalism itself, as well as some bilingualism in the federal and Quebec governments, and the Education al rights that indicated Quebec was distinct in regard to religion (in 1867 it was greatly infuenced by the Roman Catholic Church ) were cited as examples. Hence, the only way Hogg saw the distinct society clause as having legal effect would be in how to read the rest of the Constitution, although he found it hard to believe knowing Quebec is distinct would add much. Rather than giving Quebec powers, he thought, the distinct society clause recognizes Quebec already has powers that can promote distinctiveness (e.g. educational powers), and just as before the Meech Lake Accord, the use of these powers, even to protect the distinct society of Quebec, would be limited by the Canadian Charter Of Rights And Freedoms . While the Quebec government could infringe upon a right by saying Quebec's distinctiveness is a sufficient reason to do so under Section 1 of the Charter, section 1 would still demand the infringement is minimized.

The Accord also recognized that the distinct society clause did not undermine Canada's Multiculturalism (protected under Section 27 of the Charter) or Aboriginal community (protected under Section 25 of the Charter and other constitutional provisions).

CHARLOTTETOWN ACCORD

The Charlottetown Accord (proposed amendments to the Constitution rejected in 1992 ) had a so-called "Canada clause" that would have also recognized Quebec as a distinct society. In this Accord, "distinct society" was more clearly defined as including "a French-speaking majority, a unique culture and a civil law tradition", and the Charter was specified as having to be interpreted with this in mind.

AFTER THE CHARLOTTETOWN ACCORD

Since the death of the accords, the use of the expression has faded and there has been general use, within Quebec, of the term ''nation'' to describe Quebec, its , then-Conservative leader and Quebecker Jean Charest joked about fellow-Quebecker and political rival Jean Chretien , saying that "I wouldn't be caught dead living in the same distinct society as Jean Chretien." {Link without Title}

The term is still absent from the Constitution.

SEE ALSO

REFERENCES

Hogg, Peter W. ''Meech Lake Constitutional Accord Annotated.'' Carswell: 1988.

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Distinct Society