The Canadian Constitution Amendment is a change to the Canadian Constitution.
Video Amendments to the Constitution of Canada
Histori
Prior to 1982, modifying the Canadian Constitution primarily meant amending the laws of North American England, 1867. Unlike most constitutions, however, the Act does not have a formula for change: on the contrary the amendments are enforced through the Story of the Parliament of the British Empire (or "Empire Parliament" ) is called the Story of North America of England.
Other Commonwealth nations have taken over the authority for constitutional amendments after the Statute of Westminster in 1931, but by that time, Canada decided to allow the Royal Parliament to "temporarily" retain power. Under the 1982 Constitution Act, Canada takes over the authority to change its own constitution, reaching full sovereignty.
Between 1931 and 1982, the federal government, on behalf of the House of Commons of Canada and the Senate, will issue an address to the British government requesting an amendment. The request will include a resolution containing the desired amendment. This in turn, always endorsed by the British Parliament, with little or no debate.
Maps Amendments to the Constitution of Canada
Amendment formula
As part of the constitutional patent in 1982, a reform formula was adopted in sections 38 through 49 of the Constitution, 1982.
Most amendments can be passed only if the same resolution is adopted by the House of Commons, the Senate and two thirds or so of the provincial legislature representing at least 50 percent of the national population. This formula, described in section 38 of the Constitution Act, 1982, is formally referred to as the "general amendment procedure" and is known as the "formula 50".
After the procedure for adoption of the amendment was followed successfully, the amendment was formalized as a proclamation of the Governor-General on the Council. Officially, therefore, the Constitution is changed by the Proclamation, and the issue of the Proclamation requires prior approval by the resolutions of the House of Representatives, the Senate, and the number of provincial legislative councils required.
The following items are backed up to s. 38 procedures, based on s. 42:
- (a) the principle of proportional representation of the provinces in the House of Commons determined by the Canadian Constitution;
- (b) Senate strength and Senator election method;
- (c) the number of members to which a province is entitled to be represented in the Senate and the Senator's resident qualifications;
- (d) is subject to paragraph 41 (d), the Supreme Court of Canada;
- (e) expansion of the existing province into the territory; and
- (f) the establishment of a new province.
If a constitutional amendment affects only one province, only parliamentary and provincial legislative approval is required. Seven of the eleven amendments passed so far are natural, four are passed by and for Newfoundland and Labrador, one for New Brunswick, one for Prince Edward Island and one for Quebec. This formula is listed in section 43 of the Constitution, 1982.
There are parts of the Constitution that can be modified only with the unanimous approval of all the provinces plus two Houses of Parliament. This formula is contained in section 41 of the Constitution of the Constitution, 1982, and is known as the "unanimity formula". This is provided for the following:
- (a) the office of the Queen, Governor-General and Lieutenant Governor of a province;
- (b) the provincial right for some members of the House of Representatives is no less than the number of Senators in which the province is entitled to be represented at the time when the Constitution Act, 1982 comes into force;
- (c) is subject to section 43, use of English or French;
- (d) the composition of the Supreme Court of Canada; and
- (e) amend the amendment procedure itself.
Not specifically mentioned in the procedure for amendments that affect what is included in the distribution of federal/provincial forces. Therefore, they can be dealt with generally below. 38, or in connection with a particular province under s. 43. However, a s. 38 amendments in that regard shall not apply to any province which has issued a resolution of dissent from it, and s. 40 states that s. 38 amendments that divert provincial jurisdiction over educational or cultural issues to Parliament must be accompanied by Canada's reasonable compensation to the provinces.
Supreme Court of Canada in the change formula
There is a debate among lawyers about whether the Supreme Court of Canada is embedded in the Canadian Constitution. The Supreme Court of Canada is not created by the Constitution, not the power to create a "General Court of Appeals for Canada" awarded to Parliament by s. 101 of the North American Act of Britain, 1867. The Parliament continues to make the Supreme Court of Canada under the authority of s. 101 in 1875 by passing the Supreme Court Law, which is part of regular legislation without a constitutional meaning at the time.
The Supreme Court of Canada is mentioned for the first time in a constitutional document by the Constitution Act, 1982. The Supreme Court is called twice. First, s. 41 lists of several amendments to the Canadian Constitution require unanimous approval. S. 41 (d) includes the "composition of the Supreme Court of Canada" in this list. Second, s. 42 (1) lists some amendments to the Canadian Constitution which require general amendment procedures. S. 42 (1) (d) includes "subject to article 41 (d), the Supreme Court of Canada" in this list. Sections 41 and 42 of the Constitution Act, 1982, thus appearing to include the Supreme Court of Canada in the Canadian Constitution. However, this conclusion is questionable because the "Canadian Constitution" is clearly defined in s. 52 (2) as a set of thirty instruments which do not include the Deed of the Supreme Court. Some experts, including Peter Hogg, have suggested that references to the Supreme Court of Canada in sections 41 and 42 are ineffective. They argue that this reference is "anticipative" and will become effective only if Parliament adds the Supreme Court Law to the list in s. 52 (2). Other scholars, including Professor Cheffins, argue that the Supreme Court Law is implied as being ingrained. 52 (2) because parts 41 and 42. S. 52 (2) use the words "including..." to introduce a list of thirty instruments, indicating that the provisions do not contain a complete list. The Supreme Court itself has confirmed at New Brunswick Broadcasting Co. v. Nova Scotia (House of Assembly Speaker), [1993] 1 S.C.R. That's it. 52 (2) is incomplete, but has not yet decided whether the Supreme Court Law is included in the Canadian Constitution.
This issue has implications for judicial elections in Canada. S. 4 (2) of the Supreme Court Act provides that the Governor in the Council (federal cabinet) has the power to appoint judges to the Supreme Court. Prime Minister Stephen Harper has announced that a new reformed reform process will be developed. If the new process binds the federal government, it will involve an amendment to s. 4 (2) of the Supreme Court Law. If the Act was "constitutionalized," this would require constitutional amendment under general amendment procedures, a major hurdle requiring provincial cooperation. If the law is not passed, Parliament can easily amend the law by a majority vote.
This issue reappeared in connection with the Bill C-232 Private Member, passed by the House of Commons in March 2010. The bill would amend the Supreme Court Law to require all future nominees to court to understand French and English without assistance a translator. If the Supreme Court Law is considered part of the Constitution, this amendment will require constitutional amendment. Bill C-323 died on the table when Parliament was dissolved for the May election.
In Re-Referring to the Supreme Court, ss. 5 and 6 2014 SCC 21, the majority of Supreme Court decisions that clause regarding the appointment of Judges of Quebec are rooted.
Debate
Changing the Canadian Constitution is a topic of great debate in Canada. There seems to be general agreement among the provincial governments that some parts of the Constitution need to be changed to deal with the old demands of many provinces. There are demands by the western provinces for a greater share of federal power, and the demand from Quebec for greater protection for its status as a "different society". Quebec, in particular, has not formally approved the Constitution Act, 1982, although this does not affect the application of the law of the Act.
However, the agreement on amendment details has been difficult to understand. A more complicated effort to amend the Constitution is the complexity of the procedure for doing so, which in most cases requires the approval of the federal parliament and two thirds of the provincial governments representing at least 50 percent of the population, and in some cases requiring the consent of the federal government and all ten provincial governments.
Meech Lake Agreement 1987, a package of constitutional amendments, intended to address Quebec's objection to the Constitution Act, 1982, failed in 1990 when it was not ratified by the ten provincial governments. The last attempt at a comprehensive package of constitutional amendments was the Accord of Charlottetown, which emerged from the failure of the Meech Lake Agreement. The Charlottetown deal was defeated in a national referendum in 1992.
There have been relatively few amendments to the Constitution since it was negotiated in 1982 including amendments relating to provincial schools in Newfoundland and Quebec and the change of Newfoundland name to Newfoundland and Labrador (see below).
Although the formula of change has not been officially changed, the Canadian government under Prime Minister Jean Chrà © Å © tien after the Quebec referendum of 1995 recognized a regional veto over the proposed amendment, organized by the provinces of Ontario, Quebec and British Columbia, and by the Prairies ( Alberta, Saskatchewan and Manitoba) and the Atlantic (New Brunswick, Nova Scotia, Newfoundland and Labrador, and Prince Edward Island).
Pre-1982 amendments to the Constitution
In addition to the amendments listed in the following table, many important changes were made to Canada's constitutional structure by adding all additional documents to the Constitution. This includes orders that add provinces to Canada, such as the British Columbia Terms of Association and documents that change the structure of the Canadian government, such as Parliament Act Canada, 1875
Post-1982 Amendment to Constitution
Changing the Constitution has been a topic of controversy in contemporary Canada, and two of the most comprehensive attempts to revise the document have been defeated. However, there were eleven minor amendments to the Constitution because the law was broken in 1982. Most of these amendments are limited in scope, dealing only with matters affecting certain provinces.
The post-1982 failed attempt
Attempts to enact major amendments:
- Lake Meech Agreement.
- The Charlottetown Accord.
A temporary alternative to amendments
The various provisions of the Canadian Constitution are subject to the even clause , which is Part Three of the Canadian Charter of Rights and Freedom. This section authorizes the government to temporarily reimburse rights and freedoms in sections 2 and 7-15 to five years, which may be renewed. The Canadian federal government has never asked for it, even though the provincial government has done it.
The unconscious clause was carried out on a regular basis, between 1982 and 1985, by the province of Quebec (which did not support the enactment of the Charter but remained subject to it). The Provinces of Saskatchewan and Alberta have also implemented an erratic clause, to end the strike and to protect the definition of heterosexual marriage exclusively. (Note that the use of Alberta for a meaningless clause has no power or effect, since the definition of marriage is federal rather than the jurisdiction of the province.) Yukon territory also passes a law once calling for an unfortunate clause, but the law is never preached apply.
References
Source of the article : Wikipedia
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