Secondary Rules Canadian Patriation Reference
Aug 25, 2023
Explore the challenges of changing a constitution in Canada, the evolution of constitutional conventions, and the landmark Supreme Court decision in the Patriation Reference. Delve into the complexities of inferring intentions in legislative and constitutional interpretation, and the impact of court judgments on political negotiations and provincial support.
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Amending Canada's Constitution
- Canada, unlike Australia, lacked a constitutional amendment formula.
- Amending their constitution required appealing to the UK Parliament.
The British North America Act
- The British North America Act lacked a local amendment procedure, making changes difficult.
- This was designed to prevent local factions from easily altering the constitution.
Constitutional Amendment Disputes
- Canada's constitutional amendment process was complex, lacking a clear formula.
- The federal government sought to amend the constitution with limited provincial consent, leading to disputes.