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THE CONSTITUTION

THE CONSTITUTION. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND. British North America Act, 1867. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND. British North America Act, 1867 no amendment formula. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND. British North America Act, 1867 no amendment formula

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THE CONSTITUTION

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  1. THE CONSTITUTION

  2. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • British North America Act, 1867

  3. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • British North America Act, 1867 • no amendment formula

  4. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • British North America Act, 1867 • no amendment formula • U.S. Constitution • (2/3 of each house of • Congress and 3/4 of states)

  5. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Why no amendment formula in B.N.A. Act?

  6. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Why no amendment formula in B.N.A. Act? • Not possible in 1867

  7. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Why no amendment formula in B.N.A. Act? • Not possible in 1867 • not needed

  8. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Why no amendment formula in B.N.A. Act? • Not possible in 1867 • not needed • But increasing desire for sovereignty in the 20th century

  9. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Increasing desire for sovereignty in the 20th century • King-Byng affair, 1926 • Statute of Westminster, 1931 Viscount Byng of Vimy Governor General, 1921-26

  10. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Patriation efforts began in the 1920s William Lyon Mackenzie King Prime Minister, 1921-26, 1926-30, 1935-48

  11. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND John Diefenbaker Prime Minister, 1957-63

  12. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • 1961: The Fulton Formula Unanimous for key provisions; fed. + 2/3 of provs. (50% of pop.) for other amendments Davie Fulton Minister of Justice, 1957-63

  13. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • 1961: The Fulton Formula Unanimous for key provisions; fed. + 2/3 of provs. (50% of pop.) for other amendments • Rejected by Quebec Jean Lesage Premier of Quebec, 1960-66

  14. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Lester B. Pearson Prime Minister, 1963-68

  15. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • 1964: Fulton-Favreau Formula (Guy Favreau, Minister of Justice, 1963-65) • minor changes to the Fulton Formula

  16. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • 1964: Fulton-Favreau Formula (Guy Favreau, Minister of Justice, 1963-65) • minor changes to the Fulton Formula • Rejected by Quebec

  17. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Pierre Trudeau Prime Minister, 1968-79, 1980-84

  18. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • 1971: The Victoria Charter

  19. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • 1971: The Victoria Charter • no unanimous consent required

  20. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • 1971: The Victoria Charter • no unanimous consent required • general amending formula: • fed. + majority of provinces • including: any province with 25% of national pop. 2 from Atlantic Canada 2 from western Canada (with 50% of pop.) • 90 day limit to Senate delay

  21. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • 1971: The Victoria Charter • Charter of Rights

  22. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • 1971: The Victoria Charter Robert Bourassa Premier of Quebec

  23. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • 1971: The Victoria Charter • Rejected by Quebec Robert Bourassa Premier of Quebec

  24. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Rene Levesque elected Premier of Quebec, 1976

  25. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Referendum, May 20, 1980 VS.

  26. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Referendum, May 20, 1980 VS. Results: 60% “Non” 40% “Oui”

  27. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Referendum, May 20, 1980 VS. Results: 60% “Non” 40% “Oui” Among Francophones: 50% “Non” 50% “Oui”

  28. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Sept. 1980: First Ministers’ Conference

  29. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Sept. 1980: First Ministers’ Conference • no agreement

  30. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Oct. 1980: Federal resolution • patriation (amending formula) • charter of rights

  31. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Oct. 1980: Federal resolution • patriation (amending formula) • charter of rights • If no provincial agreement - Federal govt. to proceed unilaterally

  32. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Oct. 1980: Federal resolution • patriation (amending formula) • charter of rights • If no provincial agreement - Federal govt. to proceed unilaterally • most provinces opposed

  33. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Unilateral federal request to British Parliament

  34. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Unilateral federal request to British Parliament • reference question to Supreme Court of Canada “Does the federal Parliament have the constitutional authority to proceed without provincial consent?”

  35. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Unilateral federal request to British Parliament • reference question to Supreme Court of Canada “Does the federal Parliament have the constitutional authority to proceed without provincial consent?” Ottawa, N.B., Ontario: “YES” Other 8 provinces: “NO”

  36. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Sept. 28, 1981 - Supreme Court Decision Bora Laskin Chief Justice Supreme Court of Canada

  37. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Sept. 28, 1981 - Supreme Court Decision constitutional convention requires provincial consent Bora Laskin Chief Justice Supreme Court of Canada

  38. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Sept. 28, 1981 - Supreme Court Decision constitutional convention requires provincial consent but nothing in law to prevent Parliament from proceeding without provincial consent Bora Laskin Chief Justice Supreme Court of Canada

  39. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND Nov. 1981 - One More Try

  40. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Nov. 1981 - One More Try • “Kitchen Accord”

  41. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Nov. 1981 - One More Try • “Kitchen Accord” • Roy McMurtry - Ontario Attorney-General • Roy Romanow - Saskatchewan Att.-General • Jean Chretien - Minister of Justice

  42. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Nov. 1981 - One More Try • “Kitchen Accord” • Roy McMurtry - Ontario Attorney-General • Roy Romanow - Saskatchewan Att.-General • Jean Chretien - Minister of Justice • Produced agreement

  43. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Nov. 1981 - One More Try • “Kitchen Accord” • Roy McMurtry - Ontario Attorney-General • Roy Romanow - Saskatchewan Att.-General • Jean Chretien - Minister of Justice • Produced agreement (except Quebec)

  44. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Amendment formula: • Parliament + 2/3 of provinces (with total pop. Of 50% of national) • certain key provisions require unanimous consent

  45. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Amendment formula: • Parliament + 2/3 of provinces (with total pop. Of 50% of national) • certain key provisions require unanimous consent • Charter of Rights and Liberties

  46. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Amendment formula: • Parliament + 2/3 of provinces (with total pop. Of 50% of national) • certain key provisions require unanimous consent • Charter of Rights and Liberties • New Constitution signed April 17, 1982

  47. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Charter of Rights and Liberties • judicial review

  48. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Charter of Rights and Liberties • judicial review • Regina v. Big M Drug Mart (SCC, 1985)

  49. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Charter of Rights and Liberties • judicial review • Regina v. Big M Drug Mart (SCC, 1985) • Robertson and Rosetanni v. The Queen (1963)

  50. CONSTITUTIONAL AMENDMENT, 1982 AND BEYOND • Charter of Rights and Liberties • judicial review • Regina v. Big M Drug Mart (SCC, 1985) • Robertson and Rosetanni v. The Queen (1963) • R. v. Edwards Books and Art (1986)

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