Canada–Quebec Accord

Canada–Quebec Accord
Name	Canada–Quebec Accord
Date signed	1991
Location signed	Ottawa
Parties	Government of Canada; Government of Quebec
Subject	Administration of immigration and refugee matters

Canada–Quebec Accord The Canada–Quebec Accord is a 1991 bilateral agreement between the Government of Canada and the Government of Quebec that allocates authority over selection of immigrants to Quebec City and the province of Quebec. It followed decades of negotiations involving federal actors such as the Department of Citizenship and Immigration and provincial representatives including the Premiers of Quebec; it interacts with instruments like the Immigration Act and later the Immigration and Refugee Protection Act. The Accord shaped relations among political entities including the Liberal Party of Canada, the Progressive Conservative Party of Canada, the Bloc Québécois, and provincial parties such as the Parti Québécois and the Quebec Liberal Party.

Background and Negotiation

Negotiations leading to the Accord unfolded amid constitutional debates exemplified by the Meech Lake Accord and the Charlottetown Accord, with figures from Prime Minister Brian Mulroney's administration and premiers such as Robert Bourassa and Jacques Parizeau playing roles. The context included demographic concerns raised after waves of migration linked to events like the Vietnam War refugee crisis and policy shifts under the Citizenship Act (1947), with institutional actors such as the House of Commons of Canada, the Senate of Canada, and the Supreme Court of Canada observing implications for jurisdiction. Stakeholders included advocacy organizations like the Quebec Muslim Association, the Canadian Jewish Congress, and ethnic federations centered in Montreal and Laval. International influences included precedents from the United Kingdom and Australia on devolved selection, and comparisons were drawn to bilateral arrangements such as the Canada–Ontario Immigration Agreement.

Terms and Provisions

The Accord grants the Government of Quebec a unique power to select certain categories of immigrants, including the issuance of the Certificat de sélection du Québec, while maintaining federal authority over admission, screening for security, and issuance of visas under the Immigration and Refugee Protection Act. It specifies responsibilities for permanent residency selection, family reunification, economic class admissions, and refugees, and sets out cost-sharing mechanisms similar in concept to arrangements like the Canada–British Columbia Agreement on Provincial Nominees. The text interacts with federal statutes including the Canadian Charter of Rights and Freedoms and provincial statutes such as Quebec’s own immigration-related measures. Administrative instruments and programs referenced include the Quebec Skilled Worker Program, the Business Immigration streams, and provisions for francophone immigrants paralleling initiatives by the Organisation internationale de la Francophonie.

Implementation and Administration

Implementation created institutional structures involving the Citizenship and Immigration Canada apparatus, Quebec’s Ministère de l'Immigration, de la Francisation et de l'Intégration, and intergovernmental mechanisms like federal–provincial conferences and bilateral committees. Operational matters involved coordination with bodies such as the Canada Border Services Agency, the Royal Canadian Mounted Police, and provincial settlement services including organizations in Saint-Lambert and Longueuil. Financial arrangements referenced federal transfer models discussed in relation to the Canada Health Transfer and Equalization (Canada). Implementation affected municipal actors including the City of Montreal and stakeholders in Rimouski and Sherbrooke engaged in integration programs. Monitoring and reporting obligations led to memoranda of understanding and periodic reviews akin to frameworks used by the Council of Ministers of Education, Canada.

Legal Challenges and Judicial Review

The Accord’s status has been subject to litigation before the Quebec Court of Appeal and the Supreme Court of Canada, with challenges invoking the Canadian Charter of Rights and Freedoms and questions of constitutional division of powers under headings like peace, order and good government. Cases referenced debates over whether selection powers could affect federal jurisdiction over citizenship and international obligations under instruments such as the Refugee Convention (1951). Litigants included organizations and individuals represented by counsel who invoked precedents from cases like Reference re Secession of Quebec and decisions concerning provincial competence from the Privy Council (Canada) era. Judicial review addressed administrative law standards established in rulings like Baker v. Canada (Minister of Citizenship and Immigration).

Political Impact and Criticism

Politically, the Accord influenced partisan dynamics involving the Bloc Québécois, federalist responses from the Liberal Party of Canada and the Conservative Party of Canada, and provincial debates within the Parti Québécois and the Coalition Avenir Québec. Critics—from commentators in outlets such as the Montreal Gazette and groups including the Canadian Civil Liberties Association—argued the Accord could create unequal treatment among provinces and affect multicultural policies championed by actors like Irvin Studin and academics at the University of Toronto and McGill University. Supporters contended it preserved francophone culture and linked to policies by the Office québécois de la langue française and cultural institutions such as Bibliothèque et Archives nationales du Québec.

Amendments and Subsequent Developments

Subsequent developments included adjustments in response to the enactment of the Immigration and Refugee Protection Act (2002) and programmatic changes implemented during the tenures of ministers like Citizenship and Immigration Minister Jason Kenney and Maria Charest. Provincial initiatives, bilateral renegotiations, and Supreme Court pronouncements influenced amendments and policy refinements; comparisons were drawn to interprovincial agreements with Alberta and Saskatchewan under provincial nominee programs. Debates continued in forums such as the National Assembly of Quebec, intergovernmental panels convened by the Council of the Federation, and academic analyses from institutions including the Institut de recherche en politiques publiques and Ryerson University.

Category:Immigration to Quebec Category:Canada–Quebec relations