Trudeau at the 1980 Constitutional Conference
The critical meeting that defined the deal
The critical meeting that defined the deal
For three days in November 1981, political leaders worked day and night to pull off an unlikely deal – the deal that made patriation of the Constitution and a Charter of Rights and Freedoms as we know it, possible. It began as a showdown between Prime Minister Pierre Trudeau and the premiers, and ended with the agreement of all parties but one.
A pivotal moment in Canadian history came November 2 to 5, 1981, at 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.” ’s Government Conference Centre, a former train station next to the Rideau Canal. This was a final conference scheduled by the Prime Minister, with the hope of reaching an agreement between the provinces and the federal government on 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 and an entrenched Charter of Rights and Freedoms The Charter sets out the rights and freedoms that are officially guaranteed by the Canadian Constitution, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” It is Part 1, sections 1-34 of the Constitution Act, 1982. . The first ministers The leaders of the ruling parties in the federal, provincial and territorial governments, including the Prime Minister and the premiers of each province and territory. Canada has fourteen first ministers. and their top constitutional advisors met behind closed doors after making televised opening statements that set out their respective positions. The meeting was fractious.
Lévesque responds after the conclusion of the 1981 Constitutional Conference.
Excerpt from "Road to Patriation", 1982
In the end, much was achieved, but bitterness lingers with some over how the deal came about. For example, there were no women or Indigenous first ministers at the table. Today, women would most certainly be present because they are premiers. 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 felt strongly that they should be part of any changes to the Constitution. Today, discussion of jurisdiction 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 in our constitutional framework is a reality – one that would include an 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. perspective in any restructuring of our federal framework. Lastly, Quebec not signing the final agreement left many with the feeling that it was not complete.
The participants came away from those four days with very different perspectives. Everyone at the table knew that no deal had been struck at the end of day three. But several first ministers and their advisors were prepared to work into the night to try to reach a compromise – all knew they could not and would not get everything they wanted in the deal. The stakes were high. If no agreement was reached, the Prime Minister would unilaterally patriate the Constitution from Britain – without provincial consent.
There is no official documentation, no tapes or official transcripts which record what went on between the day’s end on Wednesday, November 4, and the early morning of Thursday, November 5 — what would be remembered by many 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.)
.
Many participants regretted Québec’s exclusion from the final deal. Others questioned whether the sovereigntist, Premier René Lévesque, would ever have signed any deal. But to understand what happened and why, it is worth tracing the drama of the meeting as it unfurled.
Night of the Long Knives
Trudeau at the 1980 Constitutional Conference
Day 1
Starting Positions
Day 1
Starting Positions
The patriation conference began the morning of Monday, November 2, with a mixed mood of mistrust and modest hope.
Two approaches were being debated. The first approach involved the federal 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, which advocated unilateral 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. from Britain, an entrenched Charter of Rights The Charter sets out the rights and freedoms that are officially guaranteed by the Canadian Constitution, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” It is Part 1, sections 1-34 of the Constitution Act, 1982. , and an amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. based on the First Ministers’ Meeting in Victoria in 1971. The first resolution required consent of 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 four regions with two referendum mechanisms to break any future deadlocks.
The second approach was known as the provincial 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. plan, better known as the April Accord from 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.” premiers, which rejected unilateral 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. and an entrenched Charter of Rights and which supported the Vancouver amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. based on support from at least seven provinces representing 50 per cent of the population.
Opening round
Just before 10 a.m., within the grand stone walls and columns of the Conference Centre’s Main Hall, the first ministers The leaders of the ruling parties in the federal, provincial and territorial governments, including the Prime Minister and the premiers of each province and territory. Canada has fourteen first ministers. made opening statements, televised across the country by the CBC. Each one tried to set out a firm position, while still showing some flexibility. Trudeau’s strategy was to propose some surprise concessions, trying to break the Eight’s common front. But he also put forth his final threat: if agreement could not be reached, he would hold a national 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. on his amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. and the Charter of Rights and Freedoms The Charter sets out the rights and freedoms that are officially guaranteed by the Canadian Constitution, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” It is Part 1, sections 1-34 of the Constitution Act, 1982. .
After the televised opening round, the meetings moved to a smaller conference room where there were no cameras. Trudeau sat at the head of the horseshoe-shaped table with his ally Ontario Premier Bill Davis to his right and his nemesis Lévesque to his left. As was customary, each provincial premier was seated at the table according to their time of entry into Confederation. Between Davis’s pipe and Lévesque’s cigarettes, the room was filled with smoke.
Only a select few advisers were allowed in. (The only woman was Brenda Robertson, the New Brunswick Minister of Health.) Over a thousand officials and journalists remained downstairs, wondering what was going on. No deal was apparent. The first day ended with a feeling of despair.
No deal was apparent. The first day ended with a feeling of despair.
Lougheed & Trudeau at an oil pricing press conference, 1981
Day 2
Deadlock
Day 2
Deadlock
On Tuesday morning, Trudeau held strong to his goal of negotiating a referendum option as part of the amending formula. Alberta Premier Peter Lougheed asked Trudeau, “You don’t agree with the equality of provinces?” The Prime Minister answered, “I believe in the equality of people.”
By late morning, Trudeau was fuming. At one point he stormed out of the room. Premier Allan Blakeney of Saskatchewan called for a 10-minute break. After everyone returned, Trudeau said, “I came here to bargain, to negotiate. With some refinements to the [April] Accord, I might be willing to accept — if there is the assurance of a charter.”
After lunch, 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.” remained in a suite in the Hotel Château Laurier to draw up a new proposal. Davis went back and forth across the street between them and Trudeau, to keep dialogue going. Finally, three of the premiers came to Trudeau to present 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.” ’s proposal: they would give up their proposed amending formula in exchange for a charter that would entrench only democratic rights. Provinces could decide to opt into the remaining rights, such as legal and equality rights.
Trudeau angrily accused them (and even Davis) of playing into the hands of the separatists.
The talks were stalled.
Québec Premier René Lévesque, 1980
Day 3, Part 1
'Circus'
Day 3, Part 1
'Circus'
On Wednesday morning, the final scheduled day of negotiation, Lévesque announced he was going to “quit this circus” and return to Québec for the next day’s opening of the National Assembly. Trudeau also appeared impatient. He announced before the morning coffee break, “I consider this one final attempt. I can’t be party to a waiting game.”
Premier Blakeney of Saskatchewan presented a complex proposal that required concessions from both sides. Lévesque saw the move as a betrayal and quickly dismissed it. He felt that the unity of 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.” had begun to weaken.
With an apparent deadlock in negotiations, when British Columbia Premier Bill Bennett announced he’d support minority-language education rights, Lévesque looked around the room. No one from 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.” would make eye contact. He’d had enough: Why shouldn’t Québec now pursue its own agenda?
Trudeau saw his chance to weaken 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.” . He suggested 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. and 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. in two years’ time to break a deadlock if a deal could not be struck on the Charter. Trudeau believed that the Charter’s popularity nationally (80%) would win 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. . From the premiers’ point of view, if a deal was not struck, they risked losing their historic chance to be constitution makers.
Trudeau said to Lévesque, “Surely a great democrat like yourself won’t be against 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. ?”
“Don’t assume you’d win,” Lévesque shot back because he thought 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. on the Charter would fail in Québec.
Lévesque then accepted Trudeau’s challenge: “In spite of our recent [referendum] experience, I think that we should consult with the people. It’s not the end of the world.”
“I think that you’re wrong,” objected Lougheed. “It’s very divisive."
Trudeau must have been surprised that Lévesque stood apart from 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.”
and accepted 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.
. At breakfast that morning with Davis and New Brunswick’s Richard Hatfield, Trudeau had shared his plan to use this pressure tactic, but assured them that Lévesque would never agree. Now, suddenly, 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.
seemed a real possibility.
For Lévesque, it must have seemed an honourable way out of the impasse between the parties. He could agree 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. and then convince the people of Québec that Trudeau’s package was not the sort of renewal that they’d been promised.
But could the other premiers campaign in 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. against 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. , the Charter, and the principle of the sovereignty of the people? Lougheed, in particular, maintained that 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. proposal was a trap. The provinces would be giving up their power to shape the outcome. (Still, he showed his characteristic confidence: “Don’t mistake our reluctance to have 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. as not being able to fight one.”)
At this point, 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.” was effectively split. Critics said later that accepting 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. was Lévesque’s major mistake. He never thought the other premiers would isolate him altogether. During the lunch break, Trudeau announced a new “Québec-Canada alliance” to the press. “The cat is among the pigeons,” he said.
During the lunch break, Trudeau announced a new “Québec-Canada alliance” to the press. “The cat is among the pigeons,” he said.
Pierre Trudeau at the 1980 Constitution Conference
Day 3, Part 2
‘We’ve Been Had’
Day 3, Part 2
‘We’ve Been Had’
As the time for negotiations came to an end, Trudeau said, “Well, it looks like there is a big gulf between us. I can tell you that we will not be railroaded… I think we should be prepared to meet the television cameras at 5 [p.m.] and tell them we couldn’t agree.”
Ontario Attorney General Roy McMurtry whispered to Premier Bill Davis, “We’ve been had… That son of a bitch doesn’t want to compromise.”
Davis pleaded for more time for the first ministers to negotiate. He suggested a half-hour break. He then sent members of his delegation to inform the federal delegation that if a negotiated settlement wasn’t reached, he would pull his support for Trudeau’s resolution - when Trudeau went to London unilaterally.
After the break, Lougheed said, “I think that the people of Canada want us to get an agreement. Why not reconvene at 9 a.m. and book closing statements for 10 o’clock?”
Trudeau agreed. If there were still no agreement the next morning, he’d go on to plead his case in London. The mood was dark when the meeting adjourned at 6 p.m.
As everyone was about to leave the room, Blakeney invited those within earshot to send their officials over to his suite in the Château Laurier at 9:30 p.m. At the other end of the room, Lévesque and advisor Claude Morin were sharing their numbers with officials: “If anything comes up, don’t forget to phone us.”
Lévesque and Morin returned to the Auberge de la Chaudière across the river in Hull, Québec. After dinner, they had a drink together while watching the news, then parted until morning.
Excerpt from "The Road to Patriation", 1982
Roy McMurty, Roy Romanow, Jean Chrétien, re-enacting the "Kitchen Accord" 1983
Day 3, Part 3
The ‘Kitchen’ and the ‘Knives’
Day 3, Part 3
The ‘Kitchen’ and the ‘Knives’
Afternoon/Early Evening: Politicians and officials paced the halls of the Government Conference Centre trying to find a last-ditch solution. For some, the broad lines of a possible compromise were beginning to emerge.
In the mid-afternoon, the federal Minister of Justice, Jean Chrétien, retreated with Saskatchewan Attorney General Roy Romanow to a quiet, narrow kitchen down the hall. They were later joined by Ontario Attorney General Roy McMurtry. As a diverse group linguistically and regionally, they thought they would have the credibility to sell a compromise. Because the three trusted each other, they quickly shot to the heart of the matter.
On the counter beside the sink, they wrote seven points on two sheets of lined notepad paper. The two most important for Trudeau were that there would be an entrenched Charter of Rights and Freedoms The Charter sets out the rights and freedoms that are officially guaranteed by the Canadian Constitution, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” It is Part 1, sections 1-34 of the Constitution Act, 1982. , and provinces would not receive financial compensation for opting out of any future amendments. For 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.” , the key was the amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. . Those wary of the Charter wanted a “notwithstanding” Also called the 'override clause', allows Parliament or provincial legislatures to override or ignore certain sections of the Charter of Rights and Freedoms when they are crafting legislation. It allows legislation to exist notwithstanding that it is in breach of the Charter of Rights and Freedoms. The Notwithstanding Clause can only be used in reference to section 2 (fundamental freedoms), sections 7 to 14 (legal rights) and section 15 (equality rights), and it can only be invoked for 5 years at a time. clause that would exempt Parliament and the provinces from certain Charter rights, if their legislatures deemed it necessary. This clause became a crucial element in winning enough provincial consent to forge a deal.
Kitchen Trio
The “Kitchen Trio” decided they had a proposal they could bring to the first ministers.
The “Kitchen Trio” decided they had a proposal they could bring to the first ministers The leaders of the ruling parties in the federal, provincial and territorial governments, including the Prime Minister and the premiers of each province and territory. Canada has fourteen first ministers. . They considered it a breakthrough, and after the final agreement was signed the next day, they quickly promoted it as such. All three men had good relationships with the national media, and the catchy story soon passed into Canadian lore. Most of the other provinces did not know about it, but this accord was significant in that it shaped the expectations of the governments of Canada, Ontario, and Saskatchewan, and helped to bridge the significant differences between 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.” and the federal government.
McMurty, Chrétien and Romanow, recounting the events that helped craft the final constitutional deal, 1981.
Blakeney learned about the accord from his attorney general, Roy Romanow, on Wednesday afternoon. As everyone was about to leave the room, Blakeney invited several of his colleagues to meet privately later that night to flesh out a more complete package. Meanwhile, Premier Brian Peckford and his officials had prepared another proposal containing some of the ideas from the Kitchen Accord The proposal for Constitutional compromise worked out by federal Minister of Justice Jean Chrétien, Saskatchewan Attorney General and Minister of Intergovernmental Affairs, Roy Romanow, and Ontario Attorney General Roy McMurtry on the final afternoon of negotiations at the 1981 constitutional patriation conference in Ottawa. It had seven points, roughed out on a piece of paper in a small kitchen at the conference centre. .
9 p.m.
After a swim, Prime Minister Trudeau met with eight cabinet ministers and five advisers around the fireplace at his official residence at 24 Sussex Drive.
Chrétien was the first to address the group. He argued passionately for the Kitchen Accord The proposal for Constitutional compromise worked out by federal Minister of Justice Jean Chrétien, Saskatchewan Attorney General and Minister of Intergovernmental Affairs, Roy Romanow, and Ontario Attorney General Roy McMurtry on the final afternoon of negotiations at the 1981 constitutional patriation conference in Ottawa. It had seven points, roughed out on a piece of paper in a small kitchen at the conference centre. . He pointed out that 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. could be divisive and unpredictable – voters might be influenced by their opinions of Trudeau or the economy, instead of the Constitution. Compromise was the safer route.
Trudeau still doubted that a settlement to his liking would be possible. He suspected Lévesque’s influence remained too large.
9:30 p.m.
In Blakeney’s room at the Château Laurier, Room 481, deputy ministers and advisors met from Saskatchewan, Alberta, Newfoundland, and British Columbia. They worked from the Newfoundland proposal, thinking that because it came from a Conservative-led province, other Conservative premiers might be more likely to sign on.
A new two-page consensus quickly emerged, approving 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. and the Charter, with these provisions:
- Provinces could opt out of future amendments, but without Québec’s requested compensation for any financial consequences;
- The Charter would include a notwithstanding clause for legal, equality, and fundamental rights, the last one at Alberta’s insistence;
- Minority-language education rights would be included in the Charter, but only for provinces that opted in;
- As proposed by Newfoundland, provinces would have the authority to promote local versus out-of-province workers in cases of high unemployment;
- The constitution would contain an affirmation of the principle of equalization payments;
- It would confirm provincial jurisdiction over natural resources.
At B.C.’s insistence, it left out what would later become section 35, the affirmation of Aboriginal rights. B.C. argued that this was necessary, since they had no treaties with Aboriginal Aboriginal is the collective term used in the Constitution to describe the original peoples of North America and their descendants and includes First Nations, Inuit, and Métis. See also: Indigenous. Peoples in their province.
10 p.m.
Blakeney joined the group. He argued that Trudeau would never accept the notwithstanding clause applying to fundamental freedoms. But he gave way when Lougheed, woken up by phone, said his position was final.
10:15 p.m.
Blakeney kept Davis, who was staying at the Four Seasons Hotel, up to date by phone. Davis called Trudeau to convince him to agree to what was brewing. Trudeau said he thought that their side would be giving away too much and suggested they all meet in person. But Davis told Trudeau that if he wouldn’t agree to a compromise like this one, he could not count on Ontario’s support.
10:40 p.m.
Trudeau decided, reluctantly, to authorize Chrétien to work out a compromise. He said he might agree to a package if it gained seven out of the 10 provinces’ approval, representing 50 per cent of the population — the threshold in the proposed amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. .
11:30 p.m.
Chrétien called British Columbia’s Minister of Intergovernmental Affairs, Garde Gardom, from home. Gardom told Chrétien that if Trudeau would sign on, he had himself a new constitution, since seven provinces out of 10 – all but Alberta, Manitoba, and Québec – were already close to agreeing.
Meanwhile, Blakeney called other provincial leaders up to the room. Newfoundland’s Peckford, P.E.I.’s Angus MacLean, and Nova Scotia’s John Buchanan all agreed to join in.
Midnight
B.C.’s Deputy Minister of Intergovernmental Affairs, Mel Smith, went to brief Premier Bennett at the Four Seasons Hotel, while P.E.I. Attorney General Horace Carver updated Gerry Mercier, now the leader of the Manitoba delegation, since Sterling Lyon had returned to his election campaign.
A compromise had been arrived at.
It was agreed that the proposal would be presented by Premier Peckford at the breakfast meeting the next morning, as he had credibility as one of the hard-line provincial holdouts. All agreed that nothing would be changed before morning.
Blakeney later insisted that the agreement had been merely a draft for 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.” to discuss at breakfast the next day. Yes, Lévesque and the Québec delegation had not been part of making the deal and hadn’t seen the draft deal yet, but neither had Lougheed (directly), nor New Brunswick’s Hatfield.
Chrétien and Romanow, 1980
Day 4
Lévesque's Breakfast Surprise
Day 4
Lévesque's Breakfast Surprise
Early morning: Jean Chrétien was on the phone with Roy Romanow. Québec, Manitoba, and Alberta had yet to agree to the proposal. They expected Lougheed would agree and that Lévesque would not. If so, Chrétien cautioned Romanow not to let Manitoba sign on, since leaving Québec as the sole holdout would be dangerous.
7 a.m.:
Lougheed was now on board. Chrétien phoned Trudeau: As long as he would accept the proposal outlined by Davis the night before, he had a new constitution — with eight provinces agreeing. The Prime Minister needed no more convincing. “Jean,” he said, “if you were here, I’d give you a big hug.”
8 a.m
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.” ’s breakfast was in the B.C. suite at the Château Laurier. Lévesque arrived 23 minutes late. He found the two-page draft on his plate. “What’s this?” he asked.
Peckford answered, “We were just building blocks through the night, one block at a time. Now it’s your turn.”
Peckford answered, “We were just building blocks through the night, one block at a time. Now it’s your turn.”
After a quick look, Lévesque exploded. This was nothing like the April Accord!
After a quick look, Lévesque exploded. This was nothing like the April Accord!
He shouted that he’d been presented a take-it-or-leave-it proposition, without Québec’s input and at its expense. He asked if the section on financial compensation for provinces who opted out of amendments could be reinstated. He repeated that the Charter was an infringement on Québec’s powers.
He called the deal a piece of “trickery” and “shady dealing”.
After the other premiers left, Lougheed tried to calm Lévesque down. He, too, had been absent from the talks and had only agreed to the draft at breakfast. Manitoba hadn’t agreed yet, either. There would still be some time to make changes in the conference room.
(In truth, a deputy minister, Peter Meekison, had been at the meeting the previous night to represent Alberta in the talks, while no Québec official was present.)
Just before 9 a.m., Lougheed called Sterling Lyon to tell him that he would have to accept the Charter if he wanted to join the deal. But he reassured him that there was a notwithstanding clause Also called the 'override clause', allows Parliament or provincial legislatures to override or ignore certain sections of the Charter of Rights and Freedoms when they are crafting legislation. It allows legislation to exist notwithstanding that it is in breach of the Charter of Rights and Freedoms. The Notwithstanding Clause can only be used in reference to section 2 (fundamental freedoms), sections 7 to 14 (legal rights) and section 15 (equality rights), and it can only be invoked for 5 years at a time. included in the proposal. Rather than be the lone anglophone Someone who speaks English as their first or primary language; or, as an adjective, “English-speaking.” premier lumped together with a separatist, Manitoba’s leader decided to consent.
New Brunswick’s Hatfield, meanwhile, was surprised the federal government had conceded on the notwithstanding clause – something he had not been prepared to do.
“All right, Pierre,” he told Trudeau. “But don’t ask any more of me. I’ve given all my clothes away.”
9 a.m.
The meeting began with Brian Peckford reading the proposal. When it came Lévesque’s turn to speak, he said, “I’ll be brief. We’ve had a veto for 114 years. Yank out compensation, and there’s nothing left. Québec says no.”
Trudeau asked for and got a five-year sunset provision for any legislation passed under the notwithstanding clause. He also noted that Aboriginal Aboriginal is the collective term used in the Constitution to describe the original peoples of North America and their descendants and includes First Nations, Inuit, and Métis. See also: Indigenous. rights had been taken out and suggested another conference on Aboriginal rights and the Constitution in the near future.
A compromise on minority-language rights was also reached, much to Lévesque’s chagrin.
Lévesque’s parting words to Trudeau were, “You won’t get away with this. The people will stop it.”
Trudeau replied, “The people have already decided, René, and you lost.”
Lévesque’s parting words to Trudeau were, “You won’t get away with this. The people will stop it.”
Trudeau replied, “The people have already decided, René, and you lost.”
The document was placed before the first ministers The leaders of the ruling parties in the federal, provincial and territorial governments, including the Prime Minister and the premiers of each province and territory. Canada has fourteen first ministers. to sign. “I’m not taking any chances,” Trudeau half-joked.
The Québec delegation stood up and left the room.
10 a.m.
The conference’s closing statements were televised and watched by two million Canadians. Lévesque again arrived late, visibly distraught, but also resigned. He smoked and scowled while the other premiers praised the deal.
In the broadcast, Trudeau admitted with surprising candor, “The final compromises were not of my making.” He added, “I have one regret. I put it on the record. I will not return to it. I have the regret that we have not kept in the amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. a reference to the ultimate sovereignty of the people as could be tested in 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. .”
He also addressed the people of Québec, expressing hopes the province would later make the agreement unanimous.
When it was Lévesque’s turn to speak, he referred several times to the fact that Québec’s National Assembly had voted unanimously to resist any removal of jurisdiction without its approval. He argued that constitutional changes like this should be put to the people in 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. .
Lévesque thanked the other premiers for their cooperation throughout the process.
Then he concluded, “All of this is sad… for Québec. Perhaps even sadder for Canada… Once more Québec finds itself alone.”
Pierre Trudeau closes the conference. Immediately after, René Lévesque holds a press conference.
Excerpt from "The Road To Patriation", 1982
Trudeau & Lévesque, 1980
Aftermath
Aftermath
On his return to Québec, Lévesque denounced the deal with extreme invective.
He even borrowed a grisly reference from 1930s German fascist history to call it la nuit des longs couteaux —
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.)
.
The premier of Québec asserted there would be incalculable consequences for Québec’s exclusion. Thirty years later it still rankles some in Québec and may be unfinished constitutional business for the country.
The 1981 Patriation Conference
For three days in November 1981, political leaders worked day and night to pull off an unlikely deal.
The 1981 Patriation Conference
Starting Positions
Deadlock
'Circus'
‘We’ve Been Had’
The ‘Kitchen’ and the ‘Knives’
Lévesque's Breakfast Surprise
'Incalculable Consequences'
