Meech Lake Accord
The Meech Lake Accord (French Accord du lac Meech, English Lake Meech Accord , German about "Meech Lake Agreement") of 1987 is a failed amendment to the Canadian constitution . The agreement is one of a series of attempts to make constitutional changes between 1985 and 1992. They were in turn based on the 1982 Constitutional Act (Loi de 1982 sur le Canada / Canada Act 1982), which exempted Canada from the obligation to ask the British Parliament for approval of a constitutional amendment. In addition, the Progressive Conservative Party has had an extremely solid majority since its landslide victory in 1984.
Prime Minister Brian Mulroney and the provincial premiers wanted the province of Québec to finally approve the 1982 constitutional law. The agreement, along with the Charlottetown Accord, forms one of the most important but failed attempts to strengthen the rights of the provinces vis-à-vis the federal government and the Supreme Court , and to eliminate monarchical elements. Québec claimed a special role as a different, different society (société distincte / distinct society). As a result, most of the provinces rejected the draft. Québec's claim to permanent otherness still has far-reaching consequences, especially for minority politics.
The attempt to amend the constitution was named after the meeting of the First Ministers, the prime ministers of the provinces, at Meech Lake in Québec.
prehistory
The triggering point of contention was the representation of the provinces in the Senate , as the population of several provinces, which has since grown in the meantime, no longer feels adequately represented there. There are 105 MPs in the Senate who are appointed by the Governor General to represent the British Crown on the recommendation of the Prime Minister. As the influence of the Senate (also known as the House of Lords) increased, especially in tax matters, this question became more and more important, especially as the economic and population centers increasingly shifted to Ontario and Western Canada . In addition, the Liberals predominated in the Senate , while the government went to the Progressive Conservatives in 1984. Apart from the Senate, there was practically no opposition, a condition that lasted from about 1984 to 1997. For the first time in 1985, the Senate refused to approve new debt.
The demand for a three-E Senate ( elected - elected; equal - equal (legitimate representation); effective - efficient) was discussed more vigorously under these circumstances - here the progressive-conservative government, there the liberal Senate - especially the representation of the provinces had not been changed since the Constitutional Act of 1867 . Prime Minister Brian Mulroney tried to wrest tax law from the Senate to take the edge off the debate, but the discussion petered out. In 1988, the Senate rejected a House of Commons law, a free trade agreement with the United States, for the first time .
As early as 1981, a round of negotiations led by Prime Minister Pierre Trudeau had succeeded in “bringing home” the constitution, an act that is known in Canada as patriation . Although this deal was converted into law to amend the British North America Acts as a constitution, the compromise was reached against the opposition of the Prime Minister of Quebec, René Lévesque . In addition, the Provincial National Assembly (Assemblée nationale) refused to ratify the amendment. The Supreme Court had previously ruled (Quebec Veto Reference) that the federal government can ask the British Parliament to provisionally pass the 1982 constitutional law, provided there is a substantial level of provincial approval. Therefore, despite the opposition of the Province of Quebec, this new constitution should have legal effect in all provinces of Canada.
This sharp contrast between Quebec and Ottawa shifted with the election of Brian Mulroney as Prime Minister of Canada and Robert Bourassa's re-election as Quebec Prime Minister.
The agreement and its failure
The agreement took place in 1987 at Lac Meech , in the Gatineau Hills near Ottawa. Bourassa set five minimum conditions: the recognition of the Province of Quebec as a different society - a demand that Brian Mulroney recognized on April 15, 1987 - a constitutional right of veto for Quebec, increased influence on the part of the province on immigration, adequate compensation, if one of the provinces was separated from federal funds, plus influence on the filling of senatorial and judicial seats at the Supreme Court.
With these far-reaching additions, the approval of all provinces and the adaptation of federal legislation were required within three years. The Senate should also be reformed by July 1, 1995 at the latest. He should be given more power and represent the provinces more clearly. Quebec was to have 24 seats, Ontario 18, all other provinces eight seats, except for Prince Edward Island , which was to have four seats.
In addition, gender equality should not be weakened, the same applied to the territories, which should also be able to determine senators and justices at the Supreme Court. To this end, conferences should be held on issues relating to indigenous and minority languages. In addition, a Canada Clause should be developed to determine the procedure for creating new provinces and for constitutional amendments.
From May 12 to 25, 1987, the Commission permanente des institutions du Québec deliberated on the agreement. The Prime Minister presented the text on June 3, and the Senate approved the establishment of a committee to deliberate on June 11. Both houses finally agreed to the establishment of a mediation committee to deliberate, which began its deliberations on August 4th and presented the two opposing positions on September 21st. After Quebec had already approved the deal, Saskatchewan gave its approval on September 23rd and Alberta on December 7th . But it was around this time that Ontario established a Select Committee on Constitutional Reform , which began its work in early 1988. On January 3, a special committee of the Senate, the Senate Task Force on the Meech Lake Constitutional Accord and on the Yukon and the Northwest Territories , presented the first resolutions. On May 13, 1988, the province of Prince Edward Island agreed, four days later the House of Commons debated on the initiative of the Conservatives, Nova Scotia agreed on May 25 , Ontario on June 29, and Newfoundland on July 7 as the eighth province .
On May 18, 1988, Frank McKenna , the premier of New Brunswick , proposed that a Select Committee on the 1987 Constitutional Accord be set up. Public hearings were held here in January and February 1989. In Manitoba the resistance was even stronger, because in December 1987 the draft had to be withdrawn by Prime Minister Gary Filmon ; public hearings were also held here (April and May 1989). Although the Prime Minister and the ten First Minister of the provinces alone three times in 1989 for agreement deliberated one came ultimately to nothing.
On January 23, 1990, the Prime Minister of British Columbia , Bill Vander Zalm , tried to save Meech, similar to Frank McKenna of New Brunswick. On April 6, 1990, Newfoundland withdrew its consent. The House of Commons Special Committee attempted to restart the process on May 17, but after being presented by Chairman Jean Charest , François Gérin of Quebec left the meeting. The progressive conservative Gilbert Chartrand also left the party and remained as an independent MP. On May 22, 1990, the Environment Minister Lucien Bouchard resigned and also remained as an "independent". From June 3rd to 9th, the provincial premiers and the prime minister made a final attempt, which was crowned with success in the fact that a provincial-elected senator was sent to the upper house for the first time. On June 12, 1990, the Prime Minister of Manitoba tried to submit the agreement, but failed because of the Indian MP Elijah Harper, who prevented the unanimity required by the law. The chiefs of Manitoba agreed on June 16 to do everything possible to "kill the Meech Lake Accord". The very next day, the premier sent Senator Lowell Murray to the chiefs to negotiate.
New Brunswick's parliament had approved the agreement two days earlier. However, the deadline was getting closer and closer, so an attempt was made to postpone it via the Supreme Court. Meanwhile, on the 26th, three more progressive conservatives left the party and remained in parliament as independents. Three days later, on June 29, six MPs in Quebec, led by Lucien Bouchard, resigned and formed a separate bloc. In many provinces, surveys were carried out, commissions set up and negotiated.
Ultimately, however, no agreement was reached by the deadline, i.e. within three years of the agreement, so that the Meech Lake Accord never came into force. The criticism was sparked by the lack of representation of the provinces, the idiosyncrasy of Quebec and the process of creation, in Manitoba the chiefs saw their rights threatened.