Charlottetown Accord

The Charlottetown Accord was a package of constitutional amendments, proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum on October 26 of that year, and was defeated.

The accord

The Charlottetown Accord attempted to resolve long-standing disputes around the division of powers between federal and provincial jurisdiction. It provided for exclusive provincial jurisdiction over forestry, mining and other natural resources, and cultural policy. The federal government, however, would have retained jurisdiction over national cultural bodies such as the Canadian Broadcasting Corporation and the National Film Board. The accord also required the federal and provincial governments to harmonize policy in areas such as telecommunications, labour development and training, regional development and immigration.

Related Topics:
Canadian Broadcasting Corporation - National Film Board

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The federal power of reservation, under which the provincial lieutenant governor could refer a bill passed by a provincial legislature to the federal government for assent or refusal, would have been abolished, and the federal power of disallowance, under which the federal government could overrule a provincial law that had already been signed into law, would have been severely limited.

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Federal spending authority would also have been subject to stricter controls. Canadian governments have often struck agreements under which the federal government, through transfer payments and transfers of taxation authority, would partially or fully fund programs such as medicare, social services, post-secondary education, etc., which otherwise would fall within areas of provincial jurisdiction. The federal government has typically attached conditions on this financing arrangement. The Charlottetown Accord would have guaranteed federal funding for such programs, severely limiting the federal government's authority to set out conditions for the provision of this funding.

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The accord proposed a social charter to promote such objectives as health care, welfare, education, environmental protection and collective bargaining. It also proposed the elimination of barriers to the free flow of goods, services, labour and capital, and other provisions related to employment, standard of living and development among the provinces.

Related Topics:
Health care - Welfare - Education - Environment - Collective bargaining - Employment - Standard of living

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The accord also contained the "Canada Clause", which sought to codify the values that define the nature of the Canadian character. These values included egalitarianism, diversity, and the recognition of Quebec as a distinct society within Canada. Aboriginal self-government was approved in principle, but to permit further negotiations on the form it would take, there would have been a hiatus of three years before the concept was recognized in the courts.

Related Topics:
Egalitarianism - Distinct society

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Perhaps most important, however, the accord also proposed a number of institutional changes that would radically reshape the face of Canadian politics. For example, the composition and the appointment process for the Supreme Court of Canada were to be constitutionally entrenched. Although convention has been that three of the nine Supreme Court justices must be from Quebec due to Quebec's use of civil law rather than English common law, this has never been constitutionally mandated.

Related Topics:
Supreme Court of Canada - Civil law - Common law

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The Canadian Senate would have been reformed, although the proposed reform fell short of the "triple-E" (equal, elected and effective) Senate demanded by the western provinces. The accord allowed senators to be elected either in a general election, or by the provincial legislatures. However, the powers of the Senate were reduced, and on matters relating to culture and language, passage of a bill would require a "double majority" -- a majority in the Senate as a whole and a majority of francophone senators.

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Changes were also proposed for the House of Commons. Following a redistribution, the number of seats in the House would have always increased, and it would have codified that a province could not have fewer seats than any other province with a smaller population. However, Quebec would have never been allotted less than one-quarter of all the seats in the House.

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The accord formally institutionalized the federal/provincial/territorial consultative process, and allowed for Aboriginal inclusion in certain circumstances. It also increased the number of matters in the existing constitutional amending formula that required unanimous consent.

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See the full text of the Charlottetown Accord for more details.

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