References in periodicals archive ?
Thinking boldly about Senate reform means no longer relying on claims about Canada's constitutional amending formula as a crutch for stagnation.
Yet the Court held that such changes are subject to the Constitution's general amending formula, which means that Parliament cannot implement these changes on its own.
These were, in no particular order, new recommendations on an amending formula, new categories of constitutional change, such as natural resources, fisheries, and family law, mobility rights, greater emphasis on resolving outstanding Aboriginal issues and, of course, the matter of an entrenched Charter of Rights and Freedoms.
The Committee recycled an amending formula from 1971.
After more than a decade of negotiation, the provinces and the federal government agreed on both a new amending formula for the Canadian Constitution and a Charter of Rights and Freedoms.
However, the author fails at times to draw attention to controversies or potential problems: The reach of the preamble to the Constitution Act, 1867 is only tangentially dealt with; the federal spending power is assumed to be constitutional and its practical effects on provincial jurisdiction are largely left unexplored; and the political effects and constitutionality of the regional veto amending formula adopted in federal legislation are insufficiently scrutinized.
This decision provided the basis on which subsequently the Charter of Rights and Freedoms and an amending formula were adopted without the agreement--indeed despite the explicit opposition--of the government of Quebec and the National Assembly.
In the spring of 2014, the Supreme Court of Canada rendered decisions in the Supreme Court Act Reference (1) and the Senate Reference, (2) which together marked the Court's first comprehensive examination of the constitutional amending formula in Part V of the Constitution Act, 1982.
3) The majority's answer to the second question effectively expanded Canada's Constitution by including some provisions of the Supreme Court Act in the Constitution of Canada, giving the Constitution Act, 1982's amending formula a purpose and providing constitutional protection to fundamental aspects of the SCC.
There are others, Quebec and the Maritime provinces amongst them, who believe that these proposals represent substantive change to the Senate and therefore fall under the constitutional amending formula requiring the support of seven provinces representing 50% of the population.
The residence qualifications cannot be addressed except by the general amending formula but, as I have suggested in discussion of section 23, the qualifications of senators, it is interesting that section 31(5) refers to "property OR residence qualifications".
Two years ago, Prime Minister Pierre Trudeau began the search for an acceptable amending formula.