Meech Lake Accord, 1997
June 3, 1987
WHEREAS first ministers, assembled in Ottawa, have arrived at
a unanimous accord on constitutional amendments that would bring
about the full and active participation of Quebec in Canada's
constitutional evolution, would recognize the principle of equality
of all provinces, would provide new arrangements to foster greater
harmony and cooperation between the Government of Canada and the
governments of the provinces and would require that annual constitutional
conferences composed of first ministers be convened not later
than December 31, 1988;
AND WHEREAS first ministers have also reached unanimous agreement
on certain additional commitments in relation to some of those
amendments;
NOW THEREFORE the Prime Minister of Canada and the first ministers
of the provinces commit themselves and the governments they represent
to the following:
1. The Prime Minister of Canada will lay or cause to be
laid before the Senate and House of Commons, and the first ministers
of the provinces will lay or cause to be laid before the legislative
assemblies, as soon as possible, a resolution, in the form appended
hereto, to authorize a proclamation to be issued by the Governor
General under the Great Seal of Canada to amend the Constitution
of Canada.
2. The Government of Canada will, as soon as possible,
conclude an agreement with the Government of Quebec that would
(a) incorporate the principles of the Cullen-Couture
agreement on the selection abroad and in Canada of independent
immigrants, visitors for medical treatment, students and temporary
workers, and on the selection of refugees abroad and economic
criteria for family reunification and assisted relatives,
(b) guarantee that Quebec will receive a number of
immigrants, including refugees, within the annual total established
by the federal government for all of Canada proportionate to its
share of the population of Canada, with the right to exceed that
figure by per cent for demographic reasons, and
(c) provide an undertaking by Canada to withdraw services
(except citizenship services) for the reception and integration
(including linguistic and cultural) of all foreign nationals wishing
to settle in Quebec where services are to be provided by Quebec,
with such withdrawal to be accompanied by reasonable compensation,
and the Government of Canada and the Government of Quebec will
take the necessary steps to give the agreement the force of law
under the proposed amendment relating to such agreements.
3. Nothing in the Accord should be construed as preventing
the negotiation of similar agreements with other provinces relating
to immigration and the temporary admission of aliens.
4. Until the proposed amendment relating to the appointments
to the Senate comes into force, any person summoned to fill a
vacancy in the Senate shall be chosen from among persons whose
names have been submitted by the Government of the province to
which the vacancy relates and must be acceptable to the Queen's
Privy Council for Canada.
Motion for a Resolution to Authorize
an Amendment to the Constitution of Canada
WHEREAS the Constitution Act, 1982 came into force on April 17,
1982, following an agreement between Canada and the provinces
except Quebec;
AND WHEREAS the Government of Quebec has established a set of
five proposals for constitutional change and has stated that amendments
to give effect to those proposals would enable Quebec to resume
a full role in the constitutional councils of Canada;
AND WHEREAS the amendment proposed in the schedule hereto sets
out the basis on which Quebec's five constitutional proposals
may be met;
AND WHEREAS the amendment proposed in the schedule hereto also
recognizes the principles of equality of all the provinces, provides
new arrangements to foster greater harmony and cooperation between
the Government of Canada and the governments of the provinces
and requires that conferences be convened to consider important
constitutional, economic and other issues;
AND WHEREAS certain portions of the amendment proposed in the
schedule hereto relate to matters referred to in section 41 of
the Constitution Action, 1982;
AND WHEREAS section 41 of the Constitution Act, 1982 provides
that an amendment to the Constitution of Canada may be made by
proclamation issued by the Governor General under the Great Seal
of Canada where so authorized by resolutions of the Senate and
the House of Commons and of the legislative assembly of each province;
NOW THEREFORE the (Senate) (House of Commons) (legislative assembly)
resolves that an amendment to Constitution of Canada be authorized
to be made by proclamation issued by Her Excellency the Governor
General under the Great Seal of Canada in accordance with the
schedule hereto.
SCHEDULE
CONSTITUTIONAL AMENDMENT, 1987
Constitution Act, 1867
1. The Constitution Act, 1867 is amended by adding
thereto, immediately after section 1 thereof, the following section:
2. (1) The Constitution of Canada shall be interpreted
in a manner consistent with
(2) The role of the Parliament of Canada and the provincial
legislatures to preserve the fundamental characteristic of Canada
referred to in paragraph (1) (a) is affirmed
(3) The role of the legislature and Government of Quebec to preserve and
promote the distinct identity of Quebec referred to in paragraph
(1)(b) is affirmed.
(4) Nothing in this section derogates from the powers,
rights or privileges of Parliament or the Government of Canada,
or of the legislatures or governments of the provinces, including
any powers, rights or privileges relating to language.
2. The said act is further amended by adding thereto, immediately
after section 24 thereof, the following section:
25. (1) Where a vacancy occurs in the Senate, the government
of the province to which the vacancy relates may, in relation
to that vacancy, submit to the Queen's Privy Council for Canada
the names of persons who may be summoned to the senate.
(2) Until an amendment to the Constitution of Canada is made
in relation to the Senate pursuant to section 41 of the Constitution
Act, 1982, the person summoned to fill a vacancy in the Senate
shall be chosen from among persons whose names have been submitted
under subsection (1) by the government of the province to which
the vacancy relates and must be acceptable to the Queen's Privy
Council for Canada.
3. The said act is further amended by adding thereto, immediately
after section 95 thereof, the following heading and sections:
Agreements on Immigration and Aliens
95A. The Government of Canada shall, at the request
of the government of any province, negotiate with the government
of that province for the purpose of concluding an agreement relating
to immigration or the temporary admission of aliens into that
province that is appropriate to the needs and circumstances of
that province.
95B. (1) Any agreement concluded between Canada and
a province in relation to immigration or the temporary admission
of aliens into that province has the force of law from the time
it is declared to do so in accordance with subsection 95C (1)
and shall from that time have effect notwithstanding class 25
of section 91 or section 95.
(2) An agreement that has the force of law under subsection
(1) shall have effect only so long as and so far as it is not
repugnant to any provision of an Act of the Parliament of Canada
that sets national standards and objectives relating to immigration
or aliens, including any provision that establishes general classes
of immigrants or relates to levels of immigration for Canada or
that prescribes classes of individuals who are inadmissible into
Canada.
(3) The Canadian Charter of Rights and Freedoms applies
in respect of any agreement that has the force of law under subsection
(1) and in respect of anything done by the Parliament or Government
of Canada, or the legislature or government or a province, pursuant
to any such agreement.
95C. (1) A declaration that an agreement referred to
in subsection 95B (1) has the force of law may be made by proclamation
issued by the Governor General under the Great Seal of Canada
only where so authorized by resolutions of the Senate and House
of Commons and of the legislative assembly of the province that
is party to the agreement.
(2) An amendment to an agreement referred to in subsection
95B (1) may be made by proclamation issued by the Governor General
under the Great Seal of Canada only where so authorized
95D. Sections 46 to 48 of the Constitution Act, 1982
apply, with such modifications as the circumstances require, in
respect of any declaration made pursuant to subsection 95C (1),
any amendment to an agreement made pursuant to subsection 95C
(2) or any amendment made pursuant to section 95E.
95E. An amendment to sections 95A to 95D of this section
may be made in accordance with the procedure set out in subsection
38(1) of the Constitution Act, 1982, but only if the amendment
is authorized by resolutions of the legislative assemblies of
all the provinces that are, at the time of the amendment, parties
to an agreement that has the force of law under subsection 95B(1).
4. The said Act is further amended by adding thereto, immediately
preceding section 96 thereof, the following heading:
5. The said Act is further amended by adding thereto, immediately
preceding section 101 thereof, the following heading:
6. The said Act is further amended by adding thereto, immediately
after section 101 thereof, the following heading and sections:
Supreme Court of Canada
101A. (1) The court existing under the name of the
Supreme Court of Canada is hereby continued as the general court
of appeal for Canada, and as an additional court for the better
administration of the laws of Canada, and shall continue to be
a superior court of record.
(2) The Supreme Court of Canada shall consist of a chief justice
to be called the Chief Justice of Canada and eight other judges,
who shall be appointed by the Governor General in Council by letters
patent under the Great Seal.
101B. (1) Any person may be appointed a judge of the
Supreme Court of Canada who after having admitted to the bar of
any province or territory, has, for a total of at least ten years,
been a judge of any courts in Canada or a member of the bar of
any province or territory.
(2) At least three judge of the Supreme Court of Canada shall
be appointed from among persons who, after having been admitted
to the bar of Quebec, have, for a total of at least ten years,
been judges of any court of Quebec or of any court established
by the Parliament of Canada, or members of the bar of Quebec.
101C. (1) Where a vacancy occurs in the Supreme Court
of Canada, the government of each province may, in relation to
that vacancy, submit to the Minister of Justice of Canada the
names of any of the persons who have been admitted to the bar
of the province and are qualified under section 101B for appointment
to that Court.
(2) Where an appointment is made to the Supreme Court of Canada,
the Governor General in Council shall, except where the Chief
Justice is appointed from among members of the Court, appoint
a person whose name has been submitted under subsection (1) and
who is acceptable to the Queen's Privy Council for Canada.
(3) Where an appointment is made in accordance with subsection
(2) of any of the three judges necessary to meet the requirement
set out in subsection 101B(2), the Governor General in Council
shall appoint a person whose name has been submitted by the Government
of Quebec.
(4) Where an appointment is made in accordance with subsection
(2) otherwise than as required under subsection (3), the Governor
General in Council shall appoint a person whose name has been
submitted by the government of a province other than Quebec.
101D. Sections 99 and 100 apply in respect of judges
of the Supreme Court of Canada.
101E. (1) Sections 101A to 101D shall not be construed
as abrogating or derogating from the powers of Parliament to make
laws under section 101 except to the extent that such laws are
inconsistent with those sections.
(2) For greater certainty, section 101A shall not be construed
as abrogating or derogating from the powers of the Parliament
of Canada to make laws relating to the reference of questions
of law or fact, or any other matters, to the Supreme Court of
Canada.
7. The said Act is further amended by adding thereto, immediately
after section 106 thereof, the following section:
106A. (1) The Government of Canada shall provide reasonable
compensation to the government of a province that chooses not
to participate in a national shared cost program that is established
by the Government of Canada after the coming force of this section
in an area of exclusive provincial jurisdiction, if the province
carries on a program or initiative that is compatible with the
national objectives.
(2) Nothing in this section extends the legislative powers
of the Parliament of Canada or of the legislatures of the provinces.
8. The said Act is further amended by adding thereto the
following heading and sections:
XII - Conferences on the Economy and other Matters
148. A Conference composed of the Prime Minister of
Canada and the first ministers of the provinces shall be convened
by the Prime Minister of Canada at least once each year to discuss
the state of the Canadian economy and such other matters as may
be appropriate.
XIII - References
149. A reference to this Act shall be deemed include
a reference to any amendments thereto.
Constitution Act, 1982
9. Sections 40 to 42 of the Constitution Act, 1982
are repealed and the following substituted therefor:
40. Where an amendment is made under subsection 38(1)
that transfers legislative powers from provincial legislatures
to Parliament, Canada shall provide reasonable compensation to
any province to which the amendment does not apply.
41. An amendment to the Constitution of Canada in relation
to the following matters may be made proclamation issued by the
Governor General under the Great Seal of Canada only where authorized
by resolutions of the Senate and House of Commons and of the legislative
assembly of each province:
(a) the office of the Queen, the Governor General and
the Lieutenant Governor of a province;
(b) the powers of the Senate and the method of selecting
Senators;
(c) the number of members by which a province is entitled
to be represented in the Senate and the residence qualifications
of Senators;
(d) the right of a province to a number of members
in the House of Commons not less than the number of Senators by
which the province was entitled to be represented on April 17,
1982;
(e) the principle of proportionate representation of
the provinces in the House of Commons prescribed by the Constitution
of Canada;
(f) subject to section 43, the use of the English or
French language;
(g) the Supreme Court of Canada;
(h) the extension of existing provinces into the territories;
(i) notwithstanding any other law or practice, the
establishment of new provinces; and
(j) an amendment to this part.
10. Section 44 of the said Act is repealed and the following
substituted therefor:
44. Subject to section 41, Parliament may exclusively
make laws amending the Constitution of Canada in relation to the
executive government of Canada or the Senate and House of Commons.
11. Subsection 46(1) of the said Act is repealed and the
following substituted therefor:
46. (1) The procedures for amendment under sections
38, 41, and 43 may be initiated either by the Senate or the House
of Commons or by the legislative assembly of a province.
12. Subsection 47(1) of the said Act is repealed and the
following substituted therefor:
47. (1) An amendment to the Constitution of Canada
made by proclamation under section 38, 41 or 43 may be made without
a resolution of the Senate authorizing the issue if, within one
hundred and eighty days after the adoption by the House of Commons
of a resolution authorizing the issue, the Senate has not adopted
such a resolution and if, at any time after the expiration of
that period, the House of Commons again adopts the resolution.
13. Part VI of the said Act is repealed and the following
substituted therefor:
Part VI
Constitutional Conferences
50. (1) A constitutional conference composed of the Prime
Minister of Canada and the first ministers of the provinces shall
be convened by the Prime Minister of Canada at least once each
year, commencing in 1988.
(2) The conferences convened under subsection (1) shall have
included on their agenda the following matters:
(a) Senate reform, including the role and functions
of the Senate, its powers, the method of selecting Senators and
representation in the Senate;
(b) roles and responsibilities in relation to fisheries;
and
(c) such other matters as are agreed upon.
14. Subsection 52(2) of the said Act is amended by striking
out the word "and" at the end of paragraph (b)
thereof, by adding the word "and" at the end of paragraph
(c) thereof, and by adding thereto the following paragraph:
(d) any other amendment to the Constitution of Canada.
15. Section 61 of the said Act is repealed and the following
substituted therefor:
61. A reference to the Constitution Act, 1982,
or a reference to the Constitution Acts, 1867 to 1982,
shall be deemed to include a reference to any amendments thereto.
General
16. Nothing in Section 2 of the Constitution Act, 1867
affects section 25 or 27 of the Canadian Charter of Rights
and Freedoms, section 35 of the Constitution Act, 1982
or class 24 of section 91 of the Constitution Act, 1867
.
Citation
17. This amendment may be cited as the Constitution Amendment,
1987.
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