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Lecture 18

Lecture 18 Part 4 – Canadian Constitution

2 Pages
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Department
History
Course Code
History 2201E
Professor
Linda Sabathy- Judd

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Lecture 18 Part 4 – Canadian Constitution  Constitution o Trudeau promised a new constitution made in Canada, but warned that doing this could open Pandora’s Box  Canada had the right to amend its own Constitution since 1931 with the Statute of Westminster  Privy Council in England still making decisions for Canada  Hadn’t been addressed because they knew what the consequences could be  Amending formula: have to have all the premiers agree on how the constitution should be amended  Constitutional Amendment Bill  Premiers have to try and agree on an amending formula  You will accept a charter or rights and freedoms along with the constitution (many opposed this)  Under the Charter of Rights and Freedoms, your individual rights are protected through the judicial system, not legislative; challenges the superiority of parliament  “Who should have the final say over individual rights and freedoms?” the major question  Could not get the 10 premiers to agree on anything  When they failed to reach an agreement, Trudeau opted to do it by himself: unilateral patriation of the British North America Act  Only Ontario and the federal government agreed, “Gang of Eight” refused (all other provinces)  Made a pact among themselves, in the Group of Eight refused to commit to anything wi
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