Distinct society

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The province of Quebec, in red, which some argue is a distinct society within Canada.
The province of Quebec, in red, which some argue is a distinct society within Canada.

Distinct society (in French la société distincte) was a political expression especially used during a constitutional debate in Canada, in the second half of the 1980s and in the early 1990s. It refers to the uniqueness of the province of Quebec within Canada, although in what ways is vague and controversial.

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[edit] Origin

The term "distinct society" was invented as a description for Quebec by Quebec Premier Jean Lesage.[1] Lesage was premier from 1960 to 1966. In addition to using the terminology, Lesage also advocated for Quebec's special status to be recognized in the Constitution, which was a stand that a columnist has compared to that in later proposed constitional amendments, the Meech Lake Accord. Lesage did not achieve his desired constitutional amendment as premier.[2]

Quebec was also referred to as a distinct society by the Royal Commission on Bilingualism and Biculturalism.[1]

[edit] The Meech Lake Accord

The Meech Lake Accord, proposed (but never enacted) amendments to the Constitution from 1987 to 1990, would have inserted the phrase "distinct society" into the Constitution Act, 1867 as part of the new section 2 of that Act (the original section 2 of the Act had already been repealed; currently there still is no section 2). In doing so, the Accord would have recognized the difference of Quebec from the rest of Canada, and perhaps implicitly recognize Quebec's peoplehood. As author Marjorie Bowker wrote, it was primarily a reference to Quebec's "laws, its language and its culture."[3] The National Assembly of Quebec was then referred to in the Accord as having the power to protect Quebec's distinctiveness.

It is controversial as to whether Quebec can be referred to as a nation, and the use of that word in the official papers of the Accord would have probably doomed its approval in the rest of Canada. However, the "distinct society" euphemism itself seems to have shocked English Canadians, partly leading to the demise of the accord in the other provinces. Some critics, such as the Reform Party of Canada, saw it as granting special status to Quebec, which offended their vision of Canada in which all provinces are equal.[4] Others feared that if the National Assembly was empowered to promote Quebec's distinctiveness, a provincial government might decide Quebec must secede in order to keep its distinctiveness.[3]

Quebec Premier Robert Bourassa of the Parti libéral du Québec was a major advocate of the distinct society clause. He regarded it as granting Quebec powers that were vague and thus within the National Assembly's power to help determine; indeed, what makes Quebec distinct could change in the future, and the distinct society clause would still recognize Quebec's progress.[3] The Prime Minister of Canada, Brian Mulroney of the Conservatives, however, had lower expectations for the legal change it signalled. It was revealed in The Secret Mulroney Tapes that he told Newfoundland Premier Clyde Wells that "distinct society" "means dick."[5]

Constitutional scholar Peter Hogg was also confident the distinct society clause signalled little legal change. As he wrote in 1988, the distinct society clause is "an affirmation of sociological facts with little legal significance." He believed it was merely a reference to the fact that Quebec is the only province where most Canadians speak French rather than English and that Quebec is the only jurisdiction in Canada that practices civil law rather than common law. The only place in the Accord where he saw Quebec's distinct society given real substance was in the other provisions, as Quebec would gain more powers in regard to immigration. In fact, although Quebec is not declared to be distinct elsewhere in the Constitution of Canada, Hogg argued several parts of the Constitution prior to 1987 already indicated Quebec had distinctiveness and the law should reflect this. Canadian federalism itself, as well as some bilingualism in the federal and Quebec governments, and the educational rights that indicated Quebec was distinct in regard to religion (in 1867 it was greatly influenced by the Roman Catholic Church) were cited as examples. Hence, the only way Hogg saw the distinct society clause as having legal effect would be in how to read the rest of the Constitution, although he found it hard to believe knowing Quebec is distinct would add much. Rather than giving Quebec powers, he thought, the distinct society clause recognizes Quebec already has powers that can promote distinctiveness (e.g. educational powers), and just as before the Meech Lake Accord, the use of these powers, even to protect the distinct society of Quebec, would be limited by the Canadian Charter of Rights and Freedoms. While the Quebec government could infringe upon a right by saying Quebec's distinctiveness is a sufficient reason to do so under section 1 of the Charter, section 1 would still demand the infringement is minimized.[6]

The Accord also recognized that the distinct society clause did not undermine Canada's multiculturalism (protected under section 27 of the Charter) or Aboriginal community (protected under section 25 of the Charter and other constitutional provisions).[6]

[edit] The Charlottetown Accord

The Charlottetown Accord (proposed amendments to the Constitution rejected in 1992) had a so-called "Canada clause" that would have also recognized Quebec as a distinct society. In this Accord, "distinct society" was more clearly defined as including "a French-speaking majority, a unique culture and a civil law tradition", and the Charter was specified as having to be interpreted with this in mind.

[edit] After the Charlottetown Accord

After the 1995 Quebec referendum, the federal government under Jean Chrétien did endorse recognition of Quebec's distinct society.[3] That recognition asked institutions of government "to take note of this recognition and be guided in their conduct accordingly."[7] In the Canadian federal election of 1997, then-Conservative leader and Quebecker Jean Charest joked about his fellow-Quebecker and political rival, saying that "I wouldn't be caught dead living in the same distinct society as Jean Chrétien." [8] The term is still absent from the Constitution.

Since the death of the accords, the use of the expression has faded and there has been general use, within Quebec, of the term nation to describe Quebec, its people, and its state. On November 27, 2006, the federal House of Commons also voted to recognize the Québécois as a nation within Canada.[9][10][11] As only a motion of the House, it is not legally binding.

Other euphemisms used mainly by federalist nationalists and federalists outside Quebec are different or unique society. The Calgary Declaration of 1997, for example, describes Quebec as "unique".

[edit] See also

[edit] References

  1. ^ a b Rhonda Lauret Parkinson, "Official Bilingualism in Canada," Mapleleafweb. University of Lethbridge. URL accessed 13 May 2006.
  2. ^ Colin Languedoc, "'Separation' time-honored French threat," Financial Post, Toronto, Ontario: February 21, 1989, pg. 12.
  3. ^ a b c d Brian O'Neal, DISTINCT SOCIETY: ORIGINS, INTERPRETATIONS, IMPLICATIONS Political and Social Affairs Division, December 1995. Library of Parliament. URL accessed 2 February 2006.
  4. ^ John Geddes, "Meech Lake Ten Years After," Maclean's June 19, 2000, URL accessed 20 December 2006.
  5. ^ Peter C. Newman, The Secret Mulroney Tapes: Unguarded Confessions of a Prime Minister. Random House Canada, 2005, p. 139.
  6. ^ a b Peter W. Hogg, Meech Lake Constitutional Accord Annotated. Carswell: 1988.
  7. ^ Graeme Hamilton, "Harper's motion just the beginning: Quebecers as a 'nation'," National Post, November 24, 2006, pg. A.1.Fro.
  8. ^ Larry Zolf, Silly Seasons of Canadian Politics, NewsWorld Online.
  9. ^ Hansard; 39th Parliament, 1st Session; No. 087; November 27, 2006
  10. ^ Galloway, Gloria; Curry, Bill; Dobrota, Alex; Globe and Mail: 'Nation' motion passes, but costs Harper; November 28, 2006
  11. ^ Bonoguore, Tenille; Sallot, Jeff; Globe and Mail: Harper's Quebec motion passes easily; November 27, 2006
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