Lévesque leaves the 1981 Conference
The Night of the Long Knives
The Night of the Long Knives
Why was Québec left out of the final deal?
On April 17, the day in 1982 that the new Constitution was signed into law, the Québec flag was flown at half-mast across the province. Québec had not been included in the last-minute negotiations on the night of November 4 when a final deal was agreed to by a majority of provinces and the federal government. That night is remembered in Québec as the “Night of the Long Knives” A scornful name for the final night of the 1981 constitutional patriation conference, used most often in Québec to signify its sense of betrayal by the rest of Canada as no one from Québec was present during the final hours of the constitutional negotiations. (It is a reference to a notorious 1934 incident during the rise of the Nazi Party in Germany.) .
From the Québec government's perspective, Canada’s anglophone Someone who speaks English as their first or primary language; or, as an adjective, “English-speaking.” majority now was going to Britain’s Parliament to reduce the powers of the only francophone Someone who speaks French as their first or primary language; or, as an adjective, “French-speaking.” government in North America, without its agreement. A process that had begun as a pledge to Québec of meaningful constitutional renewal had been concluded without its consent. The delicate bond of trust on which Confederation was based had been broken. Years later, many participants still regretted Québec’s exclusion. Others asked if Lévesque, a sovereigntist, ever would have made an agreement. The delicate bond of trust on which Confederation was based had been broken. Years later, many participants still regretted Québec’s exclusion. Others asked if Lévesque, a sovereigntist, ever would have made an agreement.
The delicate bond of trust on which Confederation was based had been broken.
Years later, many participants still regretted Québec’s exclusion. Others asked if Lévesque, a sovereigntist, ever would have made an agreement.
Pierre Trudeau at the 1980 Constitutional Conference
Competing Stories
Competing Stories
There have been two main interpretations of the events. One, that Québec was deliberately excluded from the final negotiations on patriation the night of Wednesday, November 4, and the other, that Québec was not there because the delegation couldn’t be reached.
The premiers knew it was critical to negotiate a deal that would prevent Trudeau from proceeding unilaterally with patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec. . They were at a critical point because the patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec. conference had ended that afternoon with no resolution. Manitoba had left. It seemed the next step would be a referendum on the federal proposal. And only Lévesque among the premiers seemed willing to accept this conclusion. Lévesque’s surprise acceptance of Trudeau’s referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues. proposal earlier that day was seen as a break with his provincial allies in the Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” .
From Lévesque’s perspective, his agreement with Trudeau to a referendum - to take the patriation package to the people of Canada - was a strategic and democratic move on the part of Québec to attempt to come to agreement on a deal - to break what had become an impasse in the meeting.
In retrospect, Lévesque believed it was bad faith on Trudeau’s part to suggest the referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues. , knowing that the anglophone Someone who speaks English as their first or primary language; or, as an adjective, “English-speaking.” premiers were against it. Lévesque agreed to a referendum because of his fundamental belief in the importance of going to the people, and because Québec’s approval would have been a necessary condition for the success of the proposal.
On the evening of Wednesday, November 4, several delegates from seven of the provinces met and successfully crafted a deal that was acceptable to them and the federal government. Québec was not included. These delegates decided that it was best to present the agreement to Québec the next morning at the scheduled Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” meeting.
Neither Trudeau nor Lévesque liked the final proposal negotiated during the night of the 4th. Trudeau accepted it. Lévesque did not. None of Québec’s demands had been met. Trudeau’s promise of renewed federalism A system of government in which a country includes both a central government and a set of regional governments, which are not subservient to the central government but have their own separate powers. , made during the Québec referendum campaign, had evaporated.
While Lévesque was free politically to reject the agreement, especially given the way in which it was finally negotiated, Trudeau was compelled to accept. How could he go to London unilaterally to argue for patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec. without the support of the provinces? How could he fight for a referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues. with all 10 provinces opposed to his resolution and a Canadian population frustrated by a failing economy?
How could he fight for a referendum with all 10 provinces opposed to his resolution and a Canadian population frustrated by a failing economy?
Lévesque and Morin, 1980 Constitutional Conference
Why Was Québec Left Out?
Why Was Québec Left Out?
After the close of Wednesday afternoon’s talks, Québec assumed the conference was over.
Lévesque and his Intergovernmental Affairs Minister, Claude Morin, returned to the Auberge de la Chaudière across the river in Hull, where their delegation preferred to stay. The others were at the Château Laurier in Ottawa. They told their delegates that they could expect the talks’ failure to be announced the next morning.
After dinner, Lévesque and Morin had a drink while watching the news, then parted. Lévesque had trouble sleeping, but his only contact all night with the other delegations was an 8 p.m. call from a B.C. official reminding him of the next morning’s breakfast meeting with the other Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” premiers.
Morin later said that he suspected there would be talks that night. The other delegations had known where to find them. Morin admitted that he would have opposed the deal as it was drafted, but at least they would have been consulted.
There are differing views about Quebec delegation’s absence from the discussions that night. Some have said that they were too caught up in negotiations to worry much about contacting Québec, but that it was discussed. A few say that there was active opposition to contacting Quebec, citing Lévesque’s turnaround that day on the idea of a referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues. , and fear that he would scuttle a deal. And finally, it has been suggested that a call was placed to the Quebec delegation but that no one answered.
For its part, the federal delegation was satisfied that it could speak for Québec’s interests, even without Lévesque’s signature; Trudeau and Chrétien themselves were French-speaking politicians from Québec. Indeed, in the eventual patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec. vote in the House of Commons, 72 federal MPs Member of Parliament (federal). out of 75 from Québec voted in favour of the patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec. resolution.
Robert Normand, Québec Deputy Minister of Intergovernmental Affairs, later said that while plenty of Québecers had faith in Trudeau and Chrétien, even many federalists were angry afterwards when they discovered that “Mr. Trudeau did not deliver the goods that he had promised.”
Some of the negotiators later felt guilty and embarrassed for not having called Québec.
“The saddest part is that Lévesque was never told,” said Ontario’s Bill Davis, Trudeau’s closest provincial ally. “I’ll never understand that. He had been working with the others. He was hurt.”
Pierre Trudeau closes the conference. Immediately after, René Lévesque holds a press conference.
Excerpt from "The Road To Patriation", 1982
Québec’s exclusion undermined the legitimacy of the final deal in the minds of many, both in Québec and across the country. For Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes. Peoples, the deal could not be legitimate without consultation.
They saw this as a fight between newcomers.
Lévesque greets Lougheed, 1980
Did Québec Negotiate In Good Faith?
Did Québec Negotiate In Good Faith?
One view of Lévesque sees him as honouring his defeat in the Québec sovereignty referendum by cooperating with the other premiers to negotiate a better deal within Canada – a trust that was abused. Another view sees Lévesque as more calculating, using the other premiers as tools to fight federalism itself.
Morin himself said that the Québec delegation would win either way. If the negotiations failed, agreement within the rest of Canada would have been shown not to be possible, thus reopening the way for another attempt at achieving the independence of Québec. If the negotiations succeeded, then Québec would have obtained what it wanted.
Certainly, the “Night of the Long Knives” A scornful name for the final night of the 1981 constitutional patriation conference, used most often in Québec to signify its sense of betrayal by the rest of Canada as no one from Québec was present during the final hours of the constitutional negotiations. (It is a reference to a notorious 1934 incident during the rise of the Nazi Party in Germany.) became a nationalist rallying point.
Veteran Québec journalist Chantal Hébert says that Québec’s delegates really saw themselves as negotiating with Ottawa The capital city of Canada, where the federal Parliament buildings, the House of Commons and the Senate are located. For this reason, “Ottawa” is sometimes used as a synonym for the federal government, as in a phrase such as, “Ottawa refused any further negotiations.” and with Trudeau. Many agree with her. It was this view that contributed to the shock of the Québec delegation on Thursday morning that an agreement had been concluded. The Québec government simply never considered the possibility that the other nine premiers would force Trudeau into a compromise.
Ontario’s Minister of Intergovernmental Affairs, Roy McMurtry, was convinced Québec would never accept a constitutional package. To the Québec political elite, he felt, not having the Constitution fully resolved could be used in their favour for eliciting more provincial powers.
Similarly, Bill Davis felt that Lévesque would only sign a deal if the package contained powers that the federal side was never going to concede.
Peter Lougheed, looking back, concluded there was no way that Québec was going to sign the deal. According to Trudeau, “There never was a realistic chance of persuading a separatist party to renew the Constitution of Canada.”
Lévesque felt it was already a major compromise by Québec to accept the immediate patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec. of the Constitution without serious discussion with the provinces about the division of powers - more powers for the provinces.
He agreed to a referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues. to try to break an impasse, and because he believed that going to the people was the democratic thing to do.
Lévesque holds the constitutional accord, 1981
A Rescue Attempt
A Rescue Attempt
In the days after the patriation conference, Trudeau offered two changes aimed at meeting Québec’s concerns. The first ensured that the right of English-speaking immigrants to English-language education in Québec would not take effect until Québec’s National Assembly gave its consent. The second offered financial compensation to those provinces opting out of amendments. These concessions came too late - they were not enough to win Lévesque’s support.
A week after the conference, René Lévesque was asked by a journalist how his position had evolved. He replied,
“One basic condition [...] explains one change which is very fundamental and this goes back to what a respectable constitution should be. The recognition of two national entities in Canada and all that implies, that is a basic thing because we were practically negated; it has been too often true throughout history, but, last week to me was the last straw and I think I am not alone to say that."
“One basic condition [...] explains one change which is very fundamental and this goes back to what a respectable constitution should be. The recognition of two national entities in Canada and all that implies, that is a basic thing because we were practically negated; it has been too often true throughout history, but, last week to me was the last straw and I think I am not alone to say that."
-René Lévesque
They will have to stop. Whoever thinks that can go on, they will have to stop ignoring the existence of a national entity, a nation whose only homeland is Québec. If that homeland is to remain a part of a federal system, there has to be a recognition of its national identity and all that goes with it. That is one change because enough is enough.”
-René Lévesque, Press conference on November 13, 1981
Enough is enough
Québec Betrayed?
Why was Québec left out of the final deal?
The Night of the Long Knives
Competing Stories
Why Was Québec Left Out?
Did Québec Negotiate In Good Faith?
A Rescue Attempt
