Constitution Amendments and Revision Process

Question 1

What amendment process was done to the constitution? What does this mean

Answer 1

It was patriated so entrenched aspects of constitution was made wholly domestic

Question 2

How did 1982 Constitution act alter constitutions? (4)

Answer 2

1. provided domestic amending process
2. provided charter of rights
3. add subsection for division of power
4. conference for rights of aboriginals

Question 3

Prior to 1892 _____of constitution _______ be ________ in Canada

Answer 3

much of constitution could be amended in Canada

Question 4

What was amended prior to 1892? Section 92

Answer 4

provincial legislature was able to make amendments to their constitution as long as it had no effect on office of lieutenant governor

Question 5

Prior to 1982 certain parts of constitution was changed through UK Parliament through extraordinary process. These included (3)

Answer 5

• division of power
• rights of french and english language
• statutes creating provinces

Question 6

What is imperial parliament formal authority?

Answer 6

ruled by conventions in constitution which made it essentially an instrument of Canadian will

Question 7

What 3 things did conventions require

Answer 7

1. initiative from Canadian Government
2. joint resolution of senate and house of commons
3. Unanimous provincial consent or substantial consent

Question 8

2 amendment formulas

Answer 8

General Procedure
Unanimity Provision

Question 9

General Procedure: resolution of (2)

Answer 9

resolution of senate and house of commons
resolution of legislative assembly with 2/3 province with 50% of population called 7-50 rule

Question 10

Unanimity Provision and when is it used

Answer 10

requires unanimous approval of all provinces and legislative assembly (10). Used for very important entrenched aspects

Question 11

Important entrenched aspects for Unanimity Provisions: (5)

Answer 11

1. monarchy and representatives
2. no province has less members in house of commons than senators
3. use of english and french
4. Supreme court (3-quebec of the 9)
5. Amending formula no change without agreement of all 11 legislatures

Question 12

Two approaches to change by federal government (x2 accords)

Answer 12

Meech lake accord
Charlottetown accord

Question 13

Meech lake accord

Answer 13

make change to make all change be unanimous only. Failed by manitoba and newfoundland

Question 14

Charlottetown accord

Answer 14

• quebec never approved
• Mulroney wanted Quebec in constitutional family, Quebec wanted ability to veto
• Mulroney wanted to say all provinces could have veto but then would need entire unanimity than 7/50 rule
• tried to add distinct society clause but it failed

Question 15

What is the irony of flexibility in “Clarity Act”

Answer 15

easier for provinces to leave than amending the constitution