National Post (National Edition)
Turns Canada into open menu
Pierre Trudeau's famous putdown of Conservative rival Joe Clark — that Clark's vision of Canada would have Ottawa play “head waiter to the provinces” — was one of those taunts he was so good at: derisive, haughty and insulting, but also effective. It made Clark look small and blinkered, as opposed to Trudeau's grand view of a more ambitious country.
But it may be that Trudeau's son, the current prime minister, is bringing Clark's version of Canada to fruition, given his ready agreement that Quebec can unilaterally alter the Constitution his father introduced, by simply moving to do so.
One notable result of Pierre Trudeau's initiative was to generate a rich and reliable income source for constitutional lawyers and experts of various stripes — Lord knows how many cottages have been paid for out of court challenges to obscure codes and codicils — and the constitutional industry is already weighing in eagerly on the current Trudeau's position.
To those of us who aren't recognized authorities, however, one outcome seems clear enough.
If Quebec can change the Constitution at will, it follows that other provinces can do so as well. That opens the way for 10 provinces and three territories, each deciding which individual items they will select from the constitutional menu.
It's hard not to imagine Alberta will want to quickly place its order; it's already planning a referendum on the equalization system, which it deems grossly unfair and in need of change. Equalization will send $13 billion to Quebec this year and next, and nothing to Alberta despite a bitter recession now in its fifth year.
Equalization is protected by the Constitution, but Trudeau's eager acquiescence to Quebec's claim suggests the Liberal government is open to ignoring such things. Besides, there's always the handy notwithstanding clause, which already allows provinces to ignore the document any time it proves inconvenient to provincial plans.
There are other complications, of course. Quebec maintains it can declare itself a nation, and set French as the only official language, because the Constitution allows such things on matters pertaining specifically to an individual province.
You don't need to be a paid expert to realize there are years' worth of arguments — and legal fees — to be made out of fighting out whether Quebec's determination to identify as a nation actually makes it a nation, and whether that could be said to have no relevancy to the rest of the country. As Calgary Herald columnist Don Braid noted, “The only province that has never agreed to the 1982 Constitution will change it with no approval from nine provinces that accepted it.”
Once Quebec and Alberta have their own individual constitutional dishes, it's inconceivable that others wouldn't follow suit.
For instance, once English has been officially demoted to secondary status, and Anglo-Quebecers along with it, the desirability of protecting French services in other provinces fades considerably. It's expensive and it only serves a minority of people; if minority Anglos don't rate equal status in Quebec, why should minority Quebecers deserve special status elsewhere?
Personally I have no beef with Quebec, which operates like a canny financier constantly on the lookout for opportunities it can seize on to turn a profit. Or, to use the inevitable hockey analogy, Quebec premiers are like coaches skilled at dissecting opposing defences for flaws to be exploited. You can't blame it for wanting to protect itself, and you have to admire its determination to protect the unique culture it has created for itself. It would be nicer if it wasn't constantly doing so at the expense of the rest of the country, but given Ottawa's willingness to regularly give ground, why not take what's on offer?
One characteristic that has emerged over Justin Trudeau's five years as prime minister is a failure to think things through. Whether through reluctance or inability, it has surfaced time and again. The trip to the Aga Khan's island. The botched visit to India. The eager trade advances to China, and the naive faith in its willingness to jointly develop a vaccine. The scandals over SNC-Lavalin, WE Charity and sexual misconduct in the military. His ongoing faith that Canada can borrow billions to satisfy short-term aims because existing conditions are favourable, without concern that conditions never stay the same forever, and unexpected events regularly intervene.
His eagerness to embrace Quebec's latest demands show all the same hallmarks. Appeasing the province's voters should benefit the party's chances when Liberals seek re-election.
It eliminates a confrontation Trudeau would like to avoid, given his popularity has been battered by the COVID crisis while Premier François Legault's handling of the pandemic has made him the most untouchable provincial leader in the country.
Legault would easily win a new majority if a vote were held today, while Trudeau has spent months manoeuvring in search of a safe moment to risk an election. He needs a majority, since a second successive minority might be enough to unleash doubts among party members who figure he's already been granted enough second chances.
Thinking too deeply about the consequences of his Quebec concessions might complicate matters. Given Canada's 600-plus First Nations, the prospect of an official Nation of Quebec, the potential for moves toward a Nation of Alberta, and the scramble for nationhood that could unleash, Canada's future looks less like a menu of choices with Ottawa serving as head waiter, and more like an all-you-can eat smorgasbord with everyone stuffing themselves on whatever they can get.