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Calgary Declaration

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The Calgary Declaration was an agreement made between most premiers of the provinces and territories of Canada regarding how to approach future amendments to the Constitution. It was signed in Calgary, Alberta on September 14, 1997, by all Canadian premiers and territorial leaders (except Quebec's Lucien Bouchard). The Declaration had followed controversial and divisive constitutional debate in Canada seen during the patriation of the Constitution in 1982, and the subsequent collapse of the Meech Lake and Charlottetown Accords.

Content

Both the Meech Lake and Charlottetown Accords had controversially bestowed upon Quebec the status of a "distinct society." The Declaration thus parted from this trend by referring to the "unique character of Quebec society" rather than endorsing the recognition of Quebec as a distinct society. The role of the National Assembly of Quebec in promoting this uniqueness (specified as including the predominant use of the French language, its culture and its civil law) was affirmed.

The uniqueness of Quebec's characteristics, and the characteristics of other provinces, notwithstanding, the Declaration stated that all provinces must have legal equality. Moreover, powers gained by any province during future constitutional negotiations would also have to be offered to the other provinces. In the process, Canadian federalism was reaffirmed as the form of Canada's government, and it was stated that this system could operate to ensure Canadians would receive social services, as long as the various levels of government "work in partnership while respecting each other's jurisdictions."

The Declaration also affirmed equality rights (including "equality of opportunity") and recognized Canada's multiculturalism, indeed asserting that Canada's "diversity" and "tolerance" are "without rival in the world." In recognizing Canada's diversity, the Declaration made explicit reference to the "Aboriginal peoples and cultures."

Reaction

According to an opinion poll conducted by Angus Reid in November 1997, 62% of Canadians supported the Declaration's principles (39% "moderately," 23% "strongly"). 30% were opposed and 7% had no opinion. These numbers were similar to Quebec's, which found 23% "strongly" in favour and 36% "moderately" in favour (59% overall), and 30% opposed. Radio-Canada also found that in Quebec, 80% of the province's residents would classify the Declaration as "acceptable"; 18% were opposed. [link]
Constitution of Canada ([edit])
Constitution Act, 1867
Division of powers | Peace, order and good government | Criminal law power | Trade and Commerce clause | Works and Undertakings | Property and civil rights
Disallowance and reservation


Canada Act 1982
Constitution Act, 1982
Canadian Charter of Rights and Freedoms | Aboriginal Rights clause | Amending formula

List of Canadian constitutional documents

History of the Constitution
Royal Proclamation of 1763 | Quebec Act | Constitutional Act of 1791 | Act of Union 1840 | British North America Acts | Statute of Westminster 1931
Constitutional debate
Fulton-Favreau formula | Victoria Charter | Meech Lake Accord | Charlottetown Accord | Calgary Declaration | Other unsuccessful amendments
Interpretation of the Constitution
Pith and substance | Double aspect | Paramountcy | Living tree | Implied Bill of Rights | Dialogue principle | Inter-jurisdictional immunity

 


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