History of Quebecois Rights

1867 - French language was protected under terms of the Confederation of the constitution
-Conflicts between francophones and anglophones

1911 - French-speaking schools in Ontario were prohibited
-Conscription in WWI caused riots in Quebec and during WWII the conscription crisis split the nation's English and French-speaking populations

1960-1966 - Quebec's Quiet Revolution: province moved from isolationist (influenced politically by the Roman-Catholic church and rural-focused) to being an open and industrialized society under Liberal Premier Jean Lesage
-At this time about 80% of Quebecois listed French as their first language, English still the main language of business
-Francophone population began to quietly resist English social and economic dominance, wanted equal partnership with English Canada but Quebec had the right to chose their own role and fate to ensure the survival of the French language and culture
-Roman Catholic church began to decline

1968 - Pierre Trudeau was elected prime minister he wanted French and English to hold equal stature

1969 - the Official Languages Act was released, it required all federal government services to be offered in both languages
-Separatism: During 1960's, Quebequers questioned provinces role within Confederation. Some people wanted total independence from Canada others wanted Quebec to become a sovereign jurisdiction in all areas of law making but would maintain economic association with the rest of Canada

1966 - provincial election, Liberal government was defeated by Union Nationale party but separatist movement gained strength

1968 - Partis Québecois (PQ) with Réné Lévesque formed and 5 yrs later was official opposition in QB

1974 - pressure from PQ made Liberal Premier introduce the Quebec Official Languages Act (Bill 22) which claimed French as the only official language in Quebec & promoted teaching of French in English schools. This also restricted admission of immigrant children into English schools unless they could pass an English language test

1976 - Bill 101 passed (The Charter of French Language) to ensure survival of French language. This meant French became the official language for most areas of public life:
Business 50+ employees in Quebec must be conducted in French
All signs in French (this was fought b/c violated charter, so some signs include English now)
People who's main language was not French or English now attend French schools. Only French-speaking Quebecers could attend English school (Created a drop in school enrolment almost 50% between 1976 & 1990.
French would now be preserved as Quebec's official language.
1980 - Quebec Referendum #1: PQ campaigned for Quebec to have all powers of a sovereign state but maintain economic association with Canada. They lost by 60%

1995 - Quebec Referendum #2: PQ lost again but only by 50.6%

1996 - Federal government asked Supreme Court of Canada if Quebec had legal authority to secede from Canada unilaterally. 1998 ruled they could not without consulting rest of Canada

1999 - Bill C-20 (Clarity Act) Outlined rules of what should happen if any province sought to secede from Canada.

Charter of Human Rights and Freedoms

The Charter of Human Rights and Freedoms is a statute, effective only in Quebec, which addresses, with impartiality to language, the rights of Quebecois. It was passed by the National Assembly in 1975 and was given Royal Assent a year latter (postdating the Bill of Rights and predating the Canadian Charter of Rights and Freedoms). It was then given quasi-constitutional status by the Supreme Court, meaning that it has precedence over all provincially applicable laws. 

The Charter of Human Rights and Freedoms derives from the Bill of Rights, in it that it includes the entirety of its 5 sections and, in turn, the Canadian Charter derives almost entirely (all sections that are federally applicable and even its name) from the Quebec Charter. Quebec’s Charter is an effective statute because it not only protects the rights expected for human beings (as is the case with the Canadian Charter) but also because it effectively reflects the values of Canadian society. It does so through the consultation of Quebec citizens in the legislation process. Such input caused Quebec’s Charter to incorporate rights such as free health care and education, information, dignity, free disposition of property, child protection, and a healthy environment.

It is because of such communal input that Quebec’s Charter is more Canadian then the Canadian Charter. And it is for this reason that I believe that the “Canadian” Charter of Rights and Freedoms should be abolished and the Charter of Human Rights and Freedoms, with required amendments, be adopted in it's place.

*Some of the rights contained in Quebec's Charter that are not included in the Canadian Charter may be included in other Federal or Provincial Acts.

-Stephen

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