Charlottetown Accord - The Accord

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.

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.

Federal spending authority would also have been subject to stricter controls. Canadian governments have often struck agreements under which the federal government would partially or fully fund programs (Medicare, social programs, etc.) that otherwise would fall within areas of provincial jurisdiction. The federal government has typically attached conditions on this financing arrangement to ensure minimum national standards. The Charlottetown Accord would have guaranteed federal funding for such programs, severely limiting the federal government's authority in these departments.

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.

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.

Perhaps most importantly, 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 the Supreme Court's constituting statute requires that three of its justices be from Québec, due to Québec's use of codified civil law rather than English common law, this has never been constitutionally mandated.

The Canadian Senate would have been reformed, although the proposed reform fell short of the "triple-E" (equal, elected and effective) Senate pushed by the Western provinces and Newfoundland. The accord allowed senators to be elected either in a general election, or by the provincial legislatures. Six would be assigned for every province and one for each territory, and provisions would be in place to permit the future creation of special seats for First Nations voters. However, the powers of the Senate were reduced, and on matters relating to francophone culture and language (determined by the Speaker of the Senate), passage of a bill would require a "double majority" — a majority in the Senate as a whole and a majority of francophone senators.

Changes were also proposed for the House of Commons. Most controversially, Quebec was guaranteed never to be allotted less than one-quarter of the seats in the House. Following the "equalization" of the Senate, the House's seat distribution would also be based more so on population than previously, with more seats allotted to Ontario and the Western provinces.

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