It has been suggested that neither the residency nor the property qualifications can be amended by Parliament alone since section 42 of the amending formula
requires that changes to the residence qualifications of senators involve provincial agreement.
On October 2, 1980, Prime Minister Trudeau announced that he would patriate the Constitution, including an amending formula
and a Charter of Rights and Freedoms.
This latter formula, called the general amending formula
, is the most commonly relied-upon procedure.
Up to that point, most analyses of the amending formula
had sought to determine what procedure would apply to efforts to amend a given provision of the current Constitution, or to add certain types of provision to the Constitution.
Finally, authors have claimed that mere adherence to a constitutional amending formula
need not result in a constitutional amendment, properly understood, if that adherence does not significantly alter the constitution.
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.
Because of the constitutional amending formula
, his decision effectively killed the Accord.
Trudeau said to Levesque, "Maybe we should just have a referendum, or a couple of national referendums on the amending formula
and on the entrenchment of a charter of rights, and let Canadians decide." Levesque liked the idea of a referendum.
If the Constitution must be amended, which amending formula
Trudeau and his government planned to ask the UK's Parliament to end all legal control over Canada's constitution, give legal effect to an all-Canadian amending formula
and add the Charter of Rights and Freedoms to Canada's constitution, and to do all of this on the basis of a resolution passed by both houses of the Parliament of Canada but supported by only two provinces, New Brunswick and Ontario.
The 1982 act constitutionalizes a Canadian Charter of Rights and Freedoms, incorporates past and future treaties between the crown and aboriginal peoples into the Constitution, creates a constitutional amending formula
that excludes altogether the Westminster Parliament from further involvement in Canadian constitutional affairs, and enshrines fiscal equalization as a fundamental principle of the Canadian federal system.
Embarrassing or not, Canada's political leaders have been unable to agree on an amending formula
. What pleases Quebec is often unacceptable in other parts of the country.