There is no doubt that the Premier's comments were at best, ill considered. Nonetheless, Landry’s speech is just one sign that the nature of Quebec’s relationship with the federal government may be coming under the microscope once again. At their own recent policy convention, the Quebec Liberal Party drafted a statement calling for, among other things, inclusion of an interpretive clause in the Constitution recognizing Quebec’s “specificity.” When asked if this clause would carry the same weight as the distinct society clause contained in the failed Meech Lake Accord, Liberal leader Jean Charest was unambiguous: “There’s no question of us settling for less (than Meech Lake) in terms of constitutional interpretation.” (Andrew Coyne, National Post Online, November 14, 2001).
Given these recent developments, now is a good time to take a historical look at previous laws enacted in recognition of Quebec’s distinctive language and culture. Part I looks at the Quebec Act and the Act of Union. The first treats Quebec’s distinctiveness as a positive force; the second attempts to weaken it significantly. Part II will cover the period from Confederation to the Quiet Revolution in the 1960’s. Part III will examine the constitutional initiatives undertaken since the 1982 patriation of the Canadian Constitution.
Quebec Act, 1774
The Quebec Act was an acknowledgement by the British government that the Royal Proclamation of 1763, meant to replace military with civil government and impose British law and religion on the conquered colony of New France, wasn’t working. The original terms of the Royal Proclamation were quite harsh: not only would English law be imposed, but the Church of England would be the established church of the colony. In theory, there was freedom of worship; however the Test Act effectively prevented French Catholics from holding office. Moreover, English, not French, was to be the official language of the Assembly.
