On the night of October 30, 1995, millions of Canadians watched the results of Quebec's second referendum on sovereignty come in, poll by poll. For much of the evening the Yes side led. When the last ballots were counted, the No side had won with 50.58 per cent of the vote to 49.42 per cent: a margin of about 54,000 votes out of more than 4.6 million, with a turnout of over 93 per cent. Canada had come within about one percentage point of a vote to break up the country. How did it get so close only fifteen years after Quebecers rejected sovereignty-association by about 60 to 40 in 1980 (see Unit 4)? The answer runs through a decade of failed constitutional deals.
Meech Lake: bringing Quebec in, 1987–1990
Quebec's National Assembly never approved the Constitution Act, 1982, which was patriated without its consent. Brian Mulroney, elected prime minister in 1984 with strong support in Quebec, promised to bring the province into the constitution. Quebec Premier Robert Bourassa set five conditions, and on April 30, 1987, at Meech Lake near Ottawa, Mulroney and all ten premiers agreed to the Meech Lake Accord. Because it changed the amending formula, it needed approval from Parliament and all ten provincial legislatures within three years, by June 23, 1990.
| What Meech Lake offered | Who objected and why |
|---|---|
| Recognition of Quebec as a distinct society within Canada | Pierre Trudeau and many English Canadians feared it could give Quebec special powers and weaken the Charter |
| A veto over certain constitutional changes for every province | Critics said unanimity would make future reforms, such as Senate reform, almost impossible |
| A say for provinces in Supreme Court and Senate appointments, with three of nine judges from Quebec | Some saw it as handing federal powers to the provinces |
| More provincial control over immigration, and the right to opt out of new federal programs with compensation | Supporters of strong national programs worried about a patchwork of services |
| Nothing on Indigenous peoples or territories | First Nations leaders objected that Quebec's distinctiveness was recognized while theirs was ignored; Yukon and Northwest Territories leaders objected too |
New governments elected in New Brunswick, Manitoba and Newfoundland after 1987 had not agreed to the accord, and Newfoundland's legislature withdrew its earlier approval in 1990. In June 1990, Elijah Harper, an Oji-Cree member of the Manitoba legislature from Red Sucker Lake First Nation, holding an eagle feather, repeatedly refused the unanimous consent the legislature needed to vote on the accord before the deadline. Newfoundland Premier Clyde Wells then cancelled his province's vote. The accord died on June 23, 1990. To many First Nations, Harper's stand showed they could no longer be left out of constitutional talks; to many Quebecers, the failure felt like a rejection of Quebec by English Canada.
Charlottetown, 1992: a bigger deal, a bigger defeat
Ottawa tried again with the Charlottetown Accord (August 1992), negotiated this time with the premiers, territorial leaders and national Indigenous organizations. It combined recognition of Quebec as a distinct society with an elected Senate, a guarantee that Quebec would always have at least 25 per cent of the seats in the House of Commons, and recognition of the inherent right of Indigenous peoples to self-government. It was put to Canadians in a referendum on October 26, 1992 (Quebec held its own vote the same day). About 54 per cent of voters said No. Many Quebecers thought it gave Quebec too little; many voters in the West thought it gave Quebec too much; others simply distrusted a deal made by political leaders.
The 1995 referendum and its aftermath
The Parti Québécois, led by Jacques Parizeau, won the 1994 Quebec election and called a referendum asking whether Quebec should become sovereign after formally offering Canada a new economic and political partnership. Support for Yes rose when the popular Bouchard became the chief negotiator for the Yes side. Three days before the vote, a huge unity rally in Montreal brought tens of thousands of people from across Canada to urge Quebecers to stay. In the north, the James Bay Cree and the Inuit of Nunavik held their own votes, and about 95 per cent or more of their voters said they wanted to remain in Canada if Quebec separated. On referendum night Parizeau blamed the defeat on money and on ethnic voters, remarks that were widely condemned; he announced his resignation the next day.
| Response | What it said | Reactions |
|---|---|---|
| Reference re Secession of Quebec (Supreme Court, August 20, 1998) | Quebec has no right to secede unilaterally under Canadian or international law; but if a clear majority voted for secession on a clear question, the rest of Canada would have a duty to negotiate | Both federalists and sovereigntists claimed it supported their view |
| Clarity Act (June 29, 2000) | The House of Commons will decide whether a referendum question is clear and whether a clear majority has voted for secession before negotiating | Quebec's National Assembly answered with its own law (Bill 99, 2000) asserting that 50 per cent plus one vote is enough |
| Recognition motion (November 27, 2006) | The House of Commons recognized that the Québécois form a nation within a united Canada | Seen as symbolic recognition; it did not change the constitution |