CRIM 135 Lecture Notes - Lecture 4: Constitution Act, 1982, Henry Morgentaler, Reproductive Rights
6 Sep 2019
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Topic #4 the canadian constitution (part 2) Product of years of negotiation, const act of 1867 only existing. Beginning of 60s til 1981there was an ongoing debate whether we need to modernize constitutions, took place in first ministers conferences where all prov. Priorities of discussion: need for inexplicit bill of rights, then became now as charter of rights and freedom by trudeau. 1867, therefore, we had to make sure it was 100% canadian. In addition to having disagreement to the substance of changes to be made, the process was ambiguous as well. Passing a bill in the parliament: the amending formula impasse. Around 1980 referendum, quebec mandate to negotiate sovereignty or independence with the rest of canada. Provinces disagreed and attempted to block this decision by going to supreme court of canada if this was constitutionally permissible. They argued that thee has to be provincial agreement with substantial majority of 7-8 provinces.
