Benoît Pelletier
Encyclopedia
Benoît Pelletier is lawyer, academic, and politician in the Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 province of Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

. He was a Liberal member of the National Assembly of Quebec
National Assembly of Quebec
The National Assembly of Quebec is the legislative body of the Province of Quebec. The Lieutenant Governor and the National Assembly compose the Parliament of Quebec, which operates in a fashion similar to those of other British-style parliamentary systems.The National Assembly was formerly the...

 from 1998 to 2008 and was a prominent cabinet minister in the government of Jean Charest
Jean Charest
John James "Jean" Charest, PC, MNA is a Canadian politician who has been the 29th Premier of Quebec since 2003. He was leader of the federal Progressive Conservative Party of Canada from 1993 to 1998 and has been leader of the Quebec Liberal Party since 1998....

. He is best known for promoting the concept of "asymmetric federalism," in which Quebec nationalism
Quebec nationalism
Quebec nationalism is a nationalist movement in the Canadian province of Quebec .-1534–1774:Canada was first a french colony. Jacques Cartier claimed it for France in 1534, and permanent French settlement began in 1608. It was part of New France, which constituted all French colonies in North America...

 is to be incorporated into a decentralized Canadian federal
Canadian federalism
Canada is a federation with two distinct jurisdictions of political authority: the country-wide federal government and the ten regionally-based provincial governments. It also has three territorial governments in the far north, though these are subject to the federal government...

 structure.

Early life and career

Pelletier was born in Quebec City
Quebec City
Quebec , also Québec, Quebec City or Québec City is the capital of the Canadian province of Quebec and is located within the Capitale-Nationale region. It is the second most populous city in Quebec after Montreal, which is about to the southwest...

, Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

. His father, Jean-Paul Pelletier, was an administrator and municipal councillor.

Pelletier received a law degree from Université Laval
Université Laval
Laval University is the oldest centre of education in Canada and was the first institution in North America to offer higher education in French...

 in 1981 and was admitted to the Barreau du Québec
Barreau du Quebec
The Bar of Quebec is the provincial law society for lawyers in Quebec, Canada...

 the following year. He later earned a Master's Degree
Master's degree
A master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...

 in law from the University of Ottawa
University of Ottawa
The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate...

 (1989) and doctorate
Doctorate
A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder to teach in a specific field, A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder...

s in law from the University of Paris I: Panthéon-Sorbonne
University of Paris I: Panthéon-Sorbonne
Pantheon-Sorbonne University or Paris 1 is a university in Paris, France. With eight hundred years of excellence to build on, the University of Paris 1 Panthéon-Sorbonne, a descendant of the Sorbonne and the Faculty of Law and Economics of Paris, is one of the largest universities in France today...

 (1996) and the Université Paul Cézanne Aix-Marseille III (2000).

Pelletier was a legal adviser at the Canadian Department of Justice
Department of Justice (Canada)
The purpose of the Department of Justice is to ensure that the Canadian justice system is fair, accessible and efficient. The Department also represents the Canadian government in legal matters...

 from 1983 to 1990, when he received a faculty position at the University of Ottawa
University of Ottawa
The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate...

. He taught there for several years and was recognized as professor of the year in 1998. He also authored several works on constitutional law and was often interviewed as an expert on the subject in the 1990s.

Legislator

Pelletier was first elected to the National Assembly of Quebec
National Assembly of Quebec
The National Assembly of Quebec is the legislative body of the Province of Quebec. The Lieutenant Governor and the National Assembly compose the Parliament of Quebec, which operates in a fashion similar to those of other British-style parliamentary systems.The National Assembly was formerly the...

 in the 1998 provincial election
Quebec general election, 1998
The Quebec general election of 1998 was held on November 30, 1998, to elect members of the National Assembly of the Province of Quebec, Canada. The incumbent Parti Québécois, led by Lucien Bouchard, won re-election, defeating the Quebec Liberal Party, led by Jean Charest.After the narrow defeat of...

, winning the safe Liberal seat of Chapleau
Chapleau (provincial electoral district)
Chapleau is a provincial electoral district in Quebec, Canada that elects members to the National Assembly of Quebec. The district is located in Gatineau and includes portions east of and south of Autoroute 50, north of the Gatineau and Ottawa Rivers and west of the Rivière Blanche in the Templeton...

 in the Outaouais region. The Parti Québécois
Parti Québécois
The Parti Québécois is a centre-left political party that advocates national sovereignty for the province of Quebec and secession from Canada. The Party traditionally has support from the labour movement. Unlike many other social-democratic parties, its ties with the labour movement are informal...

 (PQ) won a majority government
Majority government
A majority government is when the governing party has an absolute majority of seats in the legislature or parliament in a parliamentary system. This is as opposed to a minority government, where even the largest party wins only a plurality of seats and thus must constantly bargain for support from...

 in this election, and Pelletier entered the legislature as an opposition member. In January 1999, Liberal leader Jean Charest appointed him to the high-profile post of critic for Intergovernmental Affairs.

After his appointment, Pelletier was commissioned to lead a comprehensive review of the Liberal Party's constitutional platform. Two years later, he brought forward a policy document entitled, Quebec's Choice: Affirmation, Autonomy and Leadership. Its highlights included a call for the Canadian Constitution to recognize the "specificity" of Quebec; a requirement that judges consider this "specificity" when ruling on charter rights cases that affect Quebec government policy; a provincial veto over constitutional changes; greater provincial autonomy over international affairs, telecommunications, and the environment; and the creation of a new council for overseeing federal-provincial issues. This document marked a shift away from former Liberal premier
Premier of Quebec
The Premier of Quebec is the first minister of the Canadian province of Quebec. The Premier is the province's head of government and his title is Premier and President of the Executive Council....

 Robert Bourassa
Robert Bourassa
Jean-Robert Bourassa, was a politician in Quebec, Canada. He served as the 22nd Premier of Quebec in two different mandates, first from May 12, 1970, to November 25, 1976, and then from December 12, 1985, to January 11, 1994, serving a total of just under 15 years as Provincial Premier.-Early...

's definition of Quebec as a "distinct society," and Pelletier acknowledged that his party was taking a more "pro-Canada" stance than in past years. He said, "what [Quebecers] want above all is to say [...] that they want to be Canadians, but in their own way." Quebec's Choice helped launch Jean Charest's drive to create the Council of the Federation
Council of the Federation
The Council of the Federation is a council in Canada made up of the premiers of Canada's thirteen provinces and territories. Its main function is to provide a united front amongst the provincial and territorial governments when interacting with Canada's federal government...

, and Pelletier has sometimes been recognized as the council's chief architect.

Pelletier very critical of the approach taken by Jean Chrétien
Jean Chrétien
Joseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....

's federal government in fighting Quebec sovereigntism. During the period of the Gomery inquiry, he remarked that the sponsorship scandal
Sponsorship scandal
The sponsorship scandal, "AdScam", "Sponsorship" or Sponsorgate, is a scandal that came as a result of a Canadian federal government "sponsorship program" in the province of Quebec and involving the Liberal Party of Canada, which was in power from 1993 to 2006...

 was caused by figures in the Canadian government who believed that "with money you could change the view of the population."

When the Chrétien government introduced the Clarity Act
Clarity Act
The Clarity Act is legislation passed by the Parliament of Canada that established the conditions under which the Government of Canada would enter into negotiations that might lead to secession following such a vote by one of the provinces. The Clarity Bill was tabled for first reading in the...

 in 2000, the PQ government in Quebec responded with a bill proclaiming Quebec's right to self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...

. While Pelletier opposed the Clarity Act, he also led the Liberal Party's opposition to the latter bill, which he argued was the prelude to a new referendum on sovereignty. He did, however, introduce a motion in the national assembly recognizing Quebec's right to declare independence if the Canadian government did not negotiate in good faith after a sovereigntist victory in a future referendum. (This motion was not an endorsement of independence.)

Cabinet minister

The Liberal Party won a majority government in the 2003 Quebec general election
Quebec general election, 2003
The Quebec general election of 2003 was held on April 14, 2003, to elect members of the National Assembly of Quebec . The Parti libéral du Québec , led by Jean Charest, defeated the incumbent Parti Québécois, led by Bernard Landry.-Unfolding:...

, and Pelletier was returned by an increased margin in Chapleau. On April 29, 2003, he was appointed to the Charest cabinet as minister of Canadian Intergovernmental Affairs and minister of Aboriginal Affairs as well as minister responsible for the Outaouais
Minister responsible for the Outaouais (Quebec)
The Minister responsible for the Outaouais is a ministerial designation in the government of Quebec. The minister who holds this position is responsible for overseeing government matters in the Outaouais region, along Quebec's border with Ontario...

. On February 18, 2005, he was relieved of his responsibilities for Aboriginal Affairs and given new responsibilities for the reform of democratic institutions and Francophone Canadians. From March 17, 2005, he was also styled as minister responsible for the Agreement on Internal Trade and minister responsible for Access to Information.

He was returned by a narrower margin in the 2007 provincial election
Quebec general election, 2007
The Quebec general election of 2007 was held in the Canadian province of Quebec on March 26, 2007 to elect members of the 38th National Assembly of Quebec. The Quebec Liberal Party led by Jean Charest managed to win a plurality of seats, but were reduced to a minority government, Quebec's first in...

, as a surge in support for the Action démocratique du Québec
Action démocratique du Québec
The Action démocratique du Québec, commonly referred to as the ADQ is a centre-right political party in Quebec, Canada. On the sovereignty question, it defines itself as autonomist, and has support from both soft nationalists and federalists....

 reduced the Liberals to a minority government
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...

. In a cabinet shuffle
Cabinet shuffle
In the parliamentary system a cabinet shuffle or reshuffle is an informal term for an event that occurs when a head of government rotates or changes the composition of ministers in their cabinet....

 on April 17, 2007, Pelletier kept his existing ministerial designations (except for the Agreement on Internal Trade), was once again assigned as minister of Aboriginal Affairs. He also became leader of the government in parliament
Leader of the government in parliament (Quebec)
The Leader of the government in parliament is a position in the Executive Council of Quebec. The minister who holds this position does not oversee a government department or agency, but rather leads the governing party in the National Assembly of Quebec.The relevant minister sets the order of...

.

Intergovernmental Affairs Minister

2003–06 (Chrétien and Martin governments)

Pelletier became Intergovernmental Affairs Minister near the end of Jean Chrétien's tenure as prime minister of Canada
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...

. Most of his interactions were with Chrétien's successors, Paul Martin
Paul Martin
Paul Edgar Philippe Martin, PC , also known as Paul Martin, Jr. is a Canadian politician who was the 21st Prime Minister of Canada, as well as leader of the Liberal Party of Canada....

 and Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...

.

Pelletier often defended Quebec's political jurisdiction against what he regarded as encroachments from the Canadian government. He spoke against Employment Insurance reforms introduced by the Martin government in 2004 and later criticized Martin's attempt to create a national child care plan with funds targeted to guidelines determined by federal government. (Quebec has had a provincial child care plan for several years.) Pelletier argued that provinces should be allowed to opt out of these and related federal plans and to set up alternative models with federal funding. Nothwithstanding their disagreements, Pelletier and his counterparts in the Canadian government completed a four-year deal on child care funding just before the Martin administration fell in late 2005.

Pelletier also supported Quebec's autonomy in the management of health care. In early 2005, he announced that the province would undertake a controversial experiment with some private health providers. While stressing that he supported the five principles of Canadian medicare
Medicare (Canada)
Medicare is the unofficial name for Canada's publicly funded universal health insurance system. The formal terminology for the insurance system is provided by the Canada Health Act and the health insurance legislation of the individual provinces and territories.Under the terms of the Canada Health...

 and favoured the public system, he nonetheless called for "some adjustments that would allow participation for the private partners."

Pelletier also negotiated with the Martin government for Quebec to have a more autonomous role in international forums such as UNESCO
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...

, and for changes to the system of federal–provincial transfers (known to some as the fiscal imbalance
Fiscal imbalance
- Meaning and Types :Fiscal imbalance is the term used to denote a mismatch in the revenue powers and expenditure responsibilities of a government. In the literature on fiscal federalism, two types of fiscal imbalances are measured: Vertical Fiscal Imbalance and Horizontal Fiscal Imbalance...

). In late 2004, he wrote guest columns for the English-language Globe and Mail and National Post
National Post
The National Post is a Canadian English-language national newspaper based in Don Mills, a district of Toronto. The paper is owned by Postmedia Network Inc. and is published Mondays through Saturdays...

newspapers defending the principle of asymmetric federalism.

2006–08 (Harper government)

Pelletier initially welcomed the victory of Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...

's Conservative Party
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...

 in the 2006 federal election
Canadian federal election, 2006
The 2006 Canadian federal election was held on January 23, 2006, to elect members of the Canadian House of Commons of the 39th Parliament of Canada. The Conservative Party of Canada won the greatest number of seats: 40.3% of seats, or 124 out of 308, up from 99 seats in 2004, and 36.3% of votes:...

, saying that it created an opportunity "to improve Canada, to get a new vision of Canadian federalism, and to strengthen Quebec within Canada." After the election, Harper fulfilled a campaign pledge to give Quebec a seat at UNESCO. (Some, however, have noted that the provincial delegate cannot in practice take positions contrary to Canada's representative.)

In late 2006, Pelletier endorsed Harper's parliamentary motion to recognize that "the Québécois form a nation within a united Canada." He was more critical of Harper's efforts to reform the Canadian Senate
Canadian Senate
The Senate of Canada is a component of the Parliament of Canada, along with the House of Commons, and the monarch . The Senate consists of 105 members appointed by the governor general on the advice of the prime minister...

, arguing that any significant changes would require negotiations with the provinces. Pelletier opposed Harper's efforts to reduce Quebec's percentage of seats in the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...

, saying that the proposed change would go to "the heart of balance in the federation."

Pelletier also supported efforts to have Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...

's oil wealth included in a new federal–provincial funding formula. The Alberta government strongly opposed this suggestion.

After the Quebec Liberals were reduced to a minority government in 2007, Pelletier called for the Canadian government to recognize Quebec's distinctiveness in a "charter of open federalism" and to clarify its division of powers with the provinces. He later welcomed Harper's pledge for the federal government to end direct spending in areas of provincial jurisdiction.

Pelletier's approach to federal-provincial relations was often compared to former prime minister Brian Mulroney
Brian Mulroney
Martin Brian Mulroney, was the 18th Prime Minister of Canada from September 17, 1984, to June 25, 1993 and was leader of the Progressive Conservative Party of Canada from 1983 to 1993. His tenure as Prime Minister was marked by the introduction of major economic reforms, such as the Canada-U.S...

's failed Meech Lake Accord
Meech Lake Accord
The Meech Lake Accord was a package of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and ten provincial premiers. It was intended to persuade the government of the Province of Quebec to endorse the 1982 Canadian Constitution and increase...

 on constitutional reform. During most of his time in office, Pelletier said that the time was not right to reopen constitutional debates.

Minister of Aboriginal Affairs

Pelletier took part in negotiations with several indigenous communities during his time in government. He brought forward an agreement with Quebec's Inuit
Inuit
The Inuit are a group of culturally similar indigenous peoples inhabiting the Arctic regions of Canada , Denmark , Russia and the United States . Inuit means “the people” in the Inuktitut language...

 leaders in June 2003, to negotiate a new form of self-government. Four year later, he concluded an agreement in principle to create an Inuit-controlled government in the northernmost third of Quebec, answerable to the Quebec National Assembly.

Pelletier considered reopening a 2002 settlement with the Innu
Innu
The Innu are the indigenous inhabitants of an area they refer to as Nitassinan , which comprises most of the northeastern portions of the provinces of Quebec and some western portions of Labrador...

 on the grounds that the agreement did not properly address concerns about Quebec's land and laws. He ultimately chose to accept the accord and said that he would seek to balance the rights of the Innu and non-indigenous people under its framework. He also took part in negotiations to resolve a 2004 crisis in the Mohawk
Mohawk nation
Mohawk are the most easterly tribe of the Iroquois confederation. They call themselves Kanien'gehaga, people of the place of the flint...

 community of Kanesatake, after violent confrontations that forced Grand Chief James Gabriel
James Gabriel
James Gabriel was Grand Chief of the Mohawk community at Kanesatake from 1995 to 2004. His tenure in office was controversial, marked by bitter divisions between his supporters and opponents.-Background:...

 to leave the area.

Reform of democratic institutions

Pelletier supported the replacement of Quebec's first past the post electoral model with mixed member proportional representation. In 2006, he wrote an article in the Montreal Gazette defending the proposed new system. Three months later, he promised a bill on proportional representation before the next provincial election. In the same period, he also proposed financial incentives to political parties as a means of encouraging more female candidates and candidates from "ethnocultural minorities.".

In late 2007, Quebec's chief electoral officer issued a four hundred page document that was seen as endorsing the mixed-member proportional system. Notwithstanding Pelletier's efforts, no significant changes have been introduced to Quebec's electoral system as of 2010.

Francophone communities in Canada

In a departure from previous Quebec policy, Pelletier also sought to assist francophone minority communities in the rest of Canada. In August 2003, he announced $1.7 million for community projects across the country. In late 2006, he argued that continued support was necessary to prevent the assimilation of these communities into the English-speaking majority.

Other

Pelletier opposed Parti Québécois
Parti Québécois
The Parti Québécois is a centre-left political party that advocates national sovereignty for the province of Quebec and secession from Canada. The Party traditionally has support from the labour movement. Unlike many other social-democratic parties, its ties with the labour movement are informal...

 leader Pauline Marois
Pauline Marois
Pauline Marois is the current leader of the Parti Québécois in the province of Quebec, since June 27, 2007 and current Leader of the Official Opposition of the National Assembly of Quebec, representing the riding of Charlevoix...

's proposal in 2007 that all new immigrants to Quebec be required to have a working knowledge of French before becoming citizens of the province. He described the proposal as dangerous, saying it would create a new tier of second-class citizens.

Also in 2007, Pelletier contributed to a book entitled, Reconquerir le Canada: un nouveau projet pour la nation québécoise (English: Reconquering Canada: A New Project for the Quebec Nation). The volume was intended to promote and revitalize the federalist cause in Quebec.

Pelletier served as the acting minister of Justice
Minister of Justice (Quebec)
The Minister of Justice is responsible for the administration of courts and prosecutors in Quebec, Canada. The Minister is automatically the Attorney General, and Registrar of Quebec....

 and Public Security in autumn 2007, when Jacques P. Dupuis
Jacques P. Dupuis
Jacques P. Dupuis is a Canadian politician and lawyer. A member of the Quebec Liberal Party and former MNA for Saint-Laurent in the Montreal region, Dupuis is also a former Quebec Minister of Justice and was Minister of Public Security until 2010.Dupuis has a law degree from the Université de...

 underwent surgery.

After politics

Pelletier did not seek re-election in 2008 and instead returned to his position at the University of Ottawa. He is still frequently sought for commentary on Canadian constitutional matters. In June 2010, he called for Canadians to be more willing to discuss the constitution.

In October 2010, Pelletier published an extended essay titled, Une certaine idée du Québec. Parcours d'un fédéraliste. De la réflexion à l'action. Some have speculated that Pelletier may seek the leadership of the Quebec Liberal Party when Jean Charest retires.

Electoral record

External links

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