Simultaneous consideration of many large

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Simultaneous consideration of many large constitutional issues – amending formula, charter, DOP, institutional change, status of Quebec, and later aboriginals – has acquired the label of mega constitutional change A Domestic Constitutional Amending Formula -It became clear that Canadians would have to find a way to amend the 1867 act in Canada -A constitution should not be too easy to amend, but neither should it be impossible -Attempts to find an amending formula began in 1927 -In the absence of a resolution to this problem, a constitutional convention developed such that the federal government would not request an amendment to the federal-provincial division of powers without unanimous consent of the provinces -Fulton-Favrea formula in 1964 -Provided that unanimous federal and provincial consent be require for changes to the DOP -As well as language provision -But on other matters affecting the whole country, the agreement of the federal government plus two thirds of the provinces representing at least fifty percent of the population would be sufficient -Five formulas in 1982: Unanimous consent of fed. and prov. legislatures
Consent of parliament and seven provincial legislatures representing at least fifty percent of the population Consent of parliament and one or more provinces affected Consent of parliament alone Consent of a provincial legislature alone -The rigidity and opting out provisions of the 1982 amending formula were considered a victory for the provinces and a trade off for accepting the federal governments charter -The formula required that the federal parliament and provincial legislatures approve such amendments not just cabinets as had often sufficed in the past -The formula also allows constitutional amendments to be made without the consent of the senate if they are adopting a second time by the house of commons after 180 days The Quiet Revolution -The unresolved issues of a domestic amending formula and a constitutional charter of rights then became part of the third main thrust of change which emanated from the quiet revolution in Quebec The Victoria Charter -Many of Quebecs demands could be and were addressed by bureaucratic, legislative and judicial decisions at the federal level, in quebec, or in other provinces, and did not require formal constitutional changes -The victoria charter contained constitutional amending formula and a constitutionalized bill of rights, provided for provincial consultation on supreme court appointments, guaranteed equalization payments to redress regional disparities, and represented some progress on changes to language rights and to the federal-provincial division of powers The Constitution Act, 1982 -Tug of war between ottawa and Quebec -Other provinces arrayed between, over the amending formula, the charter, the supreme court, the senate, language rights, and the division of powers -Demanded greater centralization -In May 1980, four years after its election, the parti quebecois government

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