Improving the Process of Constitutional Reform in Canada: Lessons from the Meech Lake and Charlottetown Constitutional Rounds

Abstract

AbstractThis article explores ways of improving Canada's constitutional reform process by systematically comparing the strengths and weaknesses of the Meech Lake and Charlottetown constitutional rounds during three phases: agenda-setting, elite negotiation and ratification. The objective is to draw lessons from these experiences for future attempts to achieve formal constitutional change. The author argues that both the Meech Lake and Charlottetown processes were seriously flawed, but in rather contrasting ways. The Meech Lake process was too closed, narrowly representative and tightly controlled by government elites. The Charlottetown process was poorly managed. It lacked focus, economy and coherence in agenda-setting and selection of items for negotiation, and integration and unified leadership in its elite bargaining structures and processes. The consultative referendum used in the Charlottetown process operated successfully, but still needed organizational fine-tuning and more effective meshing with established ratification procedures. What is required is a more finely balanced and closely integrated “blended” process of parallel elite and citizen-based consultative and participatory structures operating in all phases of the constitutional process. Within this framework, the author offers a comprehensive list of proposals for addressing and overcoming the shortcomings of earlier constitutional reform efforts.