POLS 3210 Lecture Notes - Lecture 6: Central Canada, Charlottetown Accord, Canada Act 1982
8 Mar 2016
School
Department
Course
Professor
Document Summary
Federal unilateralism not acceptable to provincial governments after ww2: theory of classical federalism - key role, quebec"s historic position. Reflected the principles of provincial rights and the compact theory. Changes to s. 91 and s. 92 require unanimous consent. Other amendments subject to the 7/50 rule: in order for an amendment to take place you need 7 provinces with at least 50% of the population to agree. Quebec"s position accommodated through need for unanimous consent: was essentially given a de facto constitutional veto power. Provincial powers secured in 1867 and language rights were untouchable": issues of unanimous consent. Quebec rejects the fulton-favreau formula even though given veto. Nature of nationalism had evolved: securing historic rights, expanding future development. Sought expanded powers that would allow it to function as a modern state": no other province was willing to give this. Wanted a fundamental restructuring of the constitution. Compact theory dictates constitutional negotiations: two nations theory, duality, founding nations etc.
