Distinct society concept

The concept of a “distinct society,” as applied to the province of Quebec, became important in Canada in the 1980s. It was part of an effort to symbolically return the province of Quebec, the home of the vast majority of Canada’s French-speaking citizens, to the constitutional fold. As a former British colony, Canada had its constitution, the British North America Act (1867), held by the mother country. A significant impediment to the constitution’s being repatriated to Canada was Quebec, which saw itself as different from the other nine provinces and therefore deserving of special powers. In 1982, the Canadian government finally managed to get the provinces, with the notable exception of Quebec, to agree to the return and amending of the constitution. Quebec, however, remained symbolically opposed to the new constitution.

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This situation continued until 1987, when the Canadian government of Prime Minister Brian Mulroney made a renewed effort to bring Quebec back into the constitutional fold. After intense bargaining, all of the provinces, including Quebec, agreed to what became known as the Meech Lake Accord.

The Meech Lake Accord was a process that would have amended the Canadian constitution, chiefly to satisfy the requirements of the province of Quebec. As part of the amendment process, a recognition that Quebec constituted within Canada a “distinct society” would have been added to the constitution. Many Canadians believed that Quebec was different from the rest of Canada and should be recognized as such. This distinction was primarily based on language, since a large majority of the province’s citizens were French-speaking. Quebec’s legal system was also significant to this argument, since the province, with its French roots, followed the Civil Code as opposed to English Common Law, the system in place in the rest of the country. Being recognized as “distinct” was important in Quebec, which had been seeking greater autonomy within the Canadian federation for a good portion of the twentieth century. The 1960s saw the creation of a democratic separatist movement, which sought to turn the province through peaceful means into an independent country. Many argued that recognition of Quebec as a “distinct society” was one way of defeating the separatist option and keeping Canada intact.

The “distinct society” concept became, however, the focus of those opposed to the Meech Lake Accord. Many of the agreement’s opponents interpreted “distinct” as meaning superior instead of simply different. They also argued that since “distinct society” was nowhere defined, court interpretations of the phrase could have provided Quebec with powers not available to other provinces. In reply, the defenders of Meech Lake argued that calling Quebec “distinct” simply recognized reality.

Opposition to the agreement grew, especially among Aboriginal Canadians and in the provinces of Manitoba and Newfoundland. The phrase “distinct society” but not the continuing controversy surrounding the issue died when these two provinces failed to ratify the Meech Lake Accord by the deadline of June 1990.

In 1992, the Charlotte Accords were an attempt to amend the Constitution of Canada to define Quebec as a "distinct society." This amendment, too, failed after being defeated in a public referendum. Three years later, in 1995, The Quebec Voter Referendum posed the opportunity for Quebec to become a sovereign nation within Canada. The vote saw the highest participation in Canadian history at almost 94 percent, and the vote against sovereignty won by a margin of 54,288 votes. After these two defeats, the term "distinct society" lost traction, and most Québécois then referred to Quebec as a "nation." In 2006, the federal House of Commons voted to recognize Québécois as a nation within a united Canada. This motion did not deem Quebec a sovereign nation, though, which is what members of the Bloc Québécois, a political party devoted to Quebec nationalism, prefer. Instead, Quebec is still governed by the Constitution of Canada despite having some jurisdiction over its people.

Bibliography

Behiels, Michael D., and Matthew Hayday, eds. Contemporary Quebec: Selected Readings and Commentaries. McGill-Queen's UP, 2011.

Bothwell, Robert. Canada and Quebec: One Country, Two Histories. Rev. ed. UBC P, 1998.

Gagnon, Alain-G. Minority Nations in the Age of Uncertainty: New Paths to National Emancipation and Empowerment. University of Toronto, 2014.

Hébert, Chantal, and Jean Lapierre. The Morning After: The 1995 Quebec Referendum and the Day that Almost Was. Knopf, 2014.

Kennedy, Bobby. “Quebec: A Distinct Society?” Writers Theatre, 22 June 2023, www.writerstheatre.org/blog/quebec-distinct-society/. Accessed 7 Nov. 2024.

“Quebecers Form a Nation within Canada: PM.” CBC, 22 Nov. 2006, www.cbc.ca/news/canada/quebecers-form-a-nation-within-canada-pm-1.624141. Accessed 7 Nov. 2024.

Warren, Jean, et al. “Quebec as a Distinct Society.” The Canadian Encyclopedia, 21 Dec. 2020, www.thecanadianencyclopedia.ca/en/article/quebec-as-a-distinct-society. Accessed 7 Nov. 2024.

Weinstock, Daniel. "The Charter of Rights and Freedoms and Canadian Unity." Rights in Divided Societies. Ed. Colin Harvey and Alexander Schwartz. Hart, 2011.