Provincial Equality, Special Status and the Compact Theory of Canadian Confederation

Abstract

AbstractHistorically, Canadian Confederation was both a compact of equal provinces and a compact of founding peoples, which established the province of Quebec in order to conserve French-Canadian culture in its historic homeland. This observation suggests a solution to the apparent conflict between the principle of provincial equality and the demand for special status for Quebec. The appearance of conflict arises from the habit of equating constitutional status with legislative power. If one distinguishes between status and power, it becomes possible to preserve the constitutional equality of the provinces while according special powers to the government of Quebec in furtherance of its unique historic purpose.