PHI 3395 Lecture Notes - Lecture 21: Constitution Act, 1982, Anti-Imperialism, Constitutionalism
24 Nov 2016
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Two cases on capital punishment not on the syllabus; not required: kindle (1990, burns (2001) Scc"s reason: constitution is silent about secession. It is not included: but it is implicit/unwritten principles decide matters like: Protection of minorities: therefore, unilateral secession not valid no right to it, however, a right to secession by negotiation (non-unilateral) is valid. I. e. based on positive referendum, quebec and federal. But court leads the process to political actors . Federalism: secession requires amendment to constitution, no amendment = no secession, if clear majority on clear question . Yes in referendum constitutional obligation to negotiate. But court, no supervisory role in negotiations. A) seven-fifty formula: from both houses of federal parliament, and legislative assemblies of 2/3s of provinces comprising of 50% of population. B) unanimity formula: scc tells us we need an amendment, but doesn"t tell us which amendment getting an amendment is virtually impossible.
