POL214Y1.docx

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11 Apr 2012
School
Course
Professor
Constitutional Amendment 26/09/2011 7:17:00 AM
BIG C or little c?
Convention (4) pre-1982
Law (5) post-1982
Section 92 promises
Court to now strike down
Provinces section 1-4
THE AMENDING FORMULA: HOW TO CHANGE THE CONSTITUTION…
Prior, Canada had to ask for British parliament to pass their constitution
1867-1982
4 conventions arouse: how to change the constitution
Minister of Justice of Canada laid out principles,
i. UK only act on the consent of Canada
ii. What is Canada? 1885-1982 Joint resolution
iii. UK won’t dabble into Canadian affairs
Nova Scotia wanted out, but UK couldn’t do anything because
they couldn’t do anything to the BNA act
iv. Parliament would not act on anything that would put provincial powers in
the hands of parliament…
*TRUDEAU GOT HIS CHARTER…
THE AMENDING FORMULA =
Parliament +7/50
Unanimous
Parliament
Parliament + one more
Provincial legislation
Sections 38+42
Section 41
Section 44
Section 45
Section 43
Section 44: Parliament has the power to amend the constitution in matters relating to
senate, and House of Commons
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Provinces are given the right to change their own language, and their borders without
the consent of external provinces within Canada.
If you want to change the composition of the supreme court of Canada, Governor
General, Monarch, amending formula, French/English in Canada, no province with
fewer MPs than senators, you need unanimity…
Can parliament do away without the SCC? It’s not apart of the constitution… but others
say that the constitution is sometimes not written down…
ABOLISH THE SENATE?
Provinces are able to opt out! I.e. if the Canadian government gains support to control
the medical care for the nation, provinces that do not wish to conform are permissible to
opt out.
Vancouver FORMULA
QUEBEC wanted independence… is Quebec a nation? They need the agreement of
Ontario, Québec, Alberta, BC, and Sec 38.
Section 133, all persons have right to English or French in the Houses of Parliament,
records must be in English (not constitutionally), 1983… NB and QB’s constitution is
bilingual
Referendum… democratizing the constitution, doesn’t provide for referendum, BUT it is
now expected of government to do so… RUSSELL… Burke (Let it birth it self, and
evolve)Locke (OWN change)Burke
1848 La Fontaine, and Robert Baldwin (Greatest moment in Canadian History) The
Siamese twin government, Canadian gov’t public good and personal freedom.
Governments COME AND GO…
HEAD of State, is Queen of Canada, when she isn’t present, the G.G. does her duties,
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