Quebec: Distinct Society
Quebec: A Distinct Society (?)
The concept of recognizing Quebec as a distinct society is an idea that has been kicking around for some time, but just what does it mean and what are its broader implications? This paper will examine the origins of the term, what it means, and its historical context. It will then examine rival interpretations of federalism. The essay will conclude with an in-depth examination of the concept's involvement with the failed constitutional accords and the failed Quebec succession attempts.
The term "distinct society" was a political notion used during constitutional debates during the Meech Lake accord and the Charlottetown accord. Its meaning is somewhat vague and controversial. In essence, it refers to the uniqueness of Quebec, in particular the uniqueness of Quebec's language, laws and culture. Given Quebec's language, laws and culture, it's difficult to argue that Quebec isn't a unique province within Canada, but by making a constitutional amendment to recognize Quebec as such, the dynamics of federalism would be dramatically different. Canada would become an asymmetrical Federation.
History
The origin of Quebec's distinct laws goes back to the conquest of 1760. Following the victory of the British, Common law was established under the Royal Proclamation of 1763. Special provisions were granted to Quebec. The Quebec Act of 1774 allowed Quebec the free exercise of the Roman Catholic religion, including the right of the Church to collect tithes; recognized the seigneurial system; and established that civil suits would be tried under French civil law and criminal cases would be tried under British common law. In Addition the act provided for an appointed legislative council that would include both French- and English-speaking members. Over time, however, tensions built up between the French and the English in the colony. The British attempted to reduce tensions by dividing Quebec into the provinces of Upper and Lower Canada
The concept of recognizing Quebec as a distinct society is an idea that has been kicking around for some time, but just what does it mean and what are its broader implications? This paper will examine the origins of the term, what it means, and its historical context. It will then examine rival interpretations of federalism. The essay will conclude with an in-depth examination of the concept's involvement with the failed constitutional accords and the failed Quebec succession attempts.
The term "distinct society" was a political notion used during constitutional debates during the Meech Lake accord and the Charlottetown accord. Its meaning is somewhat vague and controversial. In essence, it refers to the uniqueness of Quebec, in particular the uniqueness of Quebec's language, laws and culture. Given Quebec's language, laws and culture, it's difficult to argue that Quebec isn't a unique province within Canada, but by making a constitutional amendment to recognize Quebec as such, the dynamics of federalism would be dramatically different. Canada would become an asymmetrical Federation.
History
The origin of Quebec's distinct laws goes back to the conquest of 1760. Following the victory of the British, Common law was established under the Royal Proclamation of 1763. Special provisions were granted to Quebec. The Quebec Act of 1774 allowed Quebec the free exercise of the Roman Catholic religion, including the right of the Church to collect tithes; recognized the seigneurial system; and established that civil suits would be tried under French civil law and criminal cases would be tried under British common law. In Addition the act provided for an appointed legislative council that would include both French- and English-speaking members. Over time, however, tensions built up between the French and the English in the colony. The British attempted to reduce tensions by dividing Quebec into the provinces of Upper and Lower Canada
Bibliography: Tremblay, Reeta C., Andre Lecourse, Csaba Nikolenyi, Bassel Salloukh, and Francesca Scala. Mapping the Political Landscape. Toronto: Thomas Nelson, 2004. 284-285. "Separation Anxiety: The 1995 Quebec Referendum". The CBC Digital Archives Website. Canadian Broadcasting Corporation. Last updated: 20 March 2006. . [Accessed 20 June 2006.]