The Charlottetown Accord ( French : Accord de Charlottetown ) was a package of proposed amendments to the Constitution of Canada , proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum on October 26 and was defeated.
151-656: The Statute of Westminster (1931) gave Canada legislative independence from the United Kingdom . Canada requested that the British North America Acts (the written portions of the Constitution of Canada ) be exempted from the statute because the federal and provincial governments could not agree upon an amending formula for the acts. Negotiations between Ottawa and the provinces were finally successful in 1981, allowing Canada to patriate its constitution by passing
302-601: A constitutional convention , which "has always been treated in practice as though it were a binding requirement". The convention was then adopted by every country that subsequently gained its independence from Britain and became a Commonwealth realm. During the abdication crisis in 1936, British Prime Minister Stanley Baldwin consulted the Commonwealth prime ministers at the request of King Edward VIII . The King wanted to marry Wallis Simpson , whom Baldwin and other British politicians considered unacceptable as Queen, as she
453-517: A unitary system. The foundations of Canadian federalism were laid at the Quebec Conference of 1864 . The Quebec Resolutions were a compromise between those who wanted sovereignty vested in the federal government and those who wanted it vested in the provinces. The compromise based the federation on the constitution of the British Empire , under which the legal sovereignty of imperial power
604-646: A welfare state , a government-funded health care system and the adoption of Keynesian economics . In 1951 section 94A was added to the British North America Act, 1867 to allow the Canadian parliament to provide for pensions. This was extended in 1964 to allow supplementary benefits, including disability and survivors' benefits. The era saw an increase in First Ministers' Conferences to resolve federal-provincial issues. The Supreme Court of Canada became
755-522: A Big No . Preston Manning 's fledgling, western-based Reform Party battled the Accord in the West with the slogan, "K NO w More", opposing recognition of Quebec's "distinct society", Quebec's guarantee of 25% of House seats and arguing that Senate reform did not go far enough. The two Quebec sovereigntist parties, Lucien Bouchard 's Bloc Québécois and Jacques Parizeau 's Parti Québécois , both strongly opposed
906-722: A consequence of the statute's adoption, the Parliament of Canada gained the ability to abolish appeals to the Judicial Committee of the Privy Council . Criminal appeals were abolished in 1933, while civil appeals continued until 1949. The passage of the Statute of Westminster meant that changes in British legislation governing the succession to the throne no longer automatically applied to Canada. The Irish Free State never formally adopted
1057-460: A general election or by provincial legislatures at the discretion of the provinces. Six would be assigned for every province and one for each territory, with additional seats able to be created for Aboriginal voters. The enumerated powers of the Senate would be reduced, with the body's power to defeat legislation removed and replaced with suspensive vetoes and, in cases of deadlock, joint sittings between
1208-532: A local or private nature) allows for the levying of license fees even if they constitute indirect taxation. Parliament has the power to spend money on public debt and property. Although the Supreme Court of Canada has not ruled directly about constitutional limits on federal spending power, parliament can transfer payments to the provinces. This arises from the 1937 decision of the Judicial Committee of
1359-567: A majority "Yes" vote in Quebec and a majority of voters in favour of "Yes" amongst the other nine provinces collectively. The campaign began with the accord popular across English Canada, with a statistical dead heat in Quebec. The campaign saw an alignment of disparate groups in support of the new amendments. The Progressive Conservatives , the Liberals , and the New Democratic Party supported
1510-781: A majority of Canadian voters were unwilling to support the Accord. This stinging rebuke against the "political class" in Canada was a preview of things to come. Mulroney retired from politics in June 1993 after polls showed the Tories would be heavily defeated under his continued leadership. In the federal election on October 25, 1993 , a year less a day after the Charlottetown referendum, the Progressive Conservatives under Mulroney's successor, Prime Minister Kim Campbell , were reduced to two seats in
1661-401: A new phase of constitutional consensus, marked by a more-egalitarian relationship between the jurisdictions. The federal government's quasi-imperial powers of disallowance and reservation , which Macdonald abused in his efforts to impose a centralised government, fell into disuse. During World War I , the federal Crown's power was extended with the introduction of income taxes and passage of
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#17328373484901812-403: A parliamentary and federal system, Aboriginal Peoples of Canada and their rights, official-language minorities, cultural and racial diversity, individual and collective rights, gender equality, and the equality and diversity of the provinces. The purpose of this Clause was to symbolically recognize what the leaders believed to be the core values of Canada. On a more practical level, it would require
1963-511: A part of all equally. Sovereignty is conveyed not by the governor general or federal parliament, but through the Crown itself as a part of the executive, legislative and judicial branches of Canada's 11 (one federal and 10 provincial) legal jurisdictions; linking the governments into a federal state, the Crown is "divided" into 11 "crowns". The fathers of the Canadian Confederation viewed
2114-449: A piece of paper in half with a dramatic flourish to represent the historic gains for Quebec that would be threatened if the accord failed. Many voters, in fact, misinterpreted the action as a reference to the potential breakup of the country, with overtones of belligerence and intimidation. The Accord was especially unpopular in Western provinces, where prominent figures argued that the Accord
2265-477: A political elite obsessed with constitutional affairs to the detriment of the health of the economy. Mulroney was already deeply unpopular with Canadian voters, and was generally seen to have made a number of mistakes in the referendum campaign. Most famously, he referred to persons against the Accord as "enemies of Canada", and while speaking about the dangers of voting against the agreement in Sherbrooke , he ripped
2416-456: A public referendum. At risk of a greater perception of unfairness if only three provinces were able to vote, Prime Minister Mulroney decided to go with a national referendum. Mulroney's government subsequently introduced the Referendum Act , which was duly passed by Parliament to provide a legal framework for the conduct of referendums on constitutional matters. Notably, the law explicitly gave
2567-560: A refusal of the agreement would necessitate the resignation of the popular and influential Clark from Cabinet, crippling his already unpopular government. Mulroney decided to work with the agreement, and on August 28, 1992, the agreement known as the Charlottetown Accord was reached. It required intense negotiations in Charlottetown , Prince Edward Island, between federal, provincial and territorial governments, and representatives from
2718-479: A third order of government, analogous to the federal government and the provinces. In other words, Aboriginal governments would have been granted their own order of government, which would have been constitutionally autonomous from the federal and provincial levels of government. Aboriginal legislation, however, would have been required to be consistent with the principles of "peace, order, and good government in Canada", and would have been subject to judicial review under
2869-487: A whole only with Australia's request and consent. Nonetheless, under section 9 of the statute, on matters not within Commonwealth power Britain could still legislate with effect in all or any of the Australian states, without the agreement of the Commonwealth although only to the extent of "the constitutional practice existing before the commencement" of the statute. However, this capacity had never been used. In particular, it
3020-851: Is a status of co-equality with Britain within the British Commonwealth. The second Article of the Constitution of the Free State", he added, "declares that 'All powers of Government and all authority, legislative, executive and judicial, in Ireland are derived from the people of Ireland' ". Motions of approval of the Report of the Commonwealth Conference had been passed by the Dáil and Seanad in May 1931 and
3171-536: Is also subject to the rights of First Nations (since they are a relevant interest), and provincial power "is burdened by the Crown obligations toward the Aboriginal people in question". Debate exists about whether such burdens apply in the same manner in the Western provinces under the Natural Resources Acts. Management of offshore resources is complex; although management of the beds of internal waters
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#17328373484903322-430: Is governed by the principles stated by Mr Justice Le Dain in R. v. Crown Zellerbach Canada Ltd. . The federal government is partially limited by powers assigned to the provincial legislatures; for example, the Canadian constitution created broad provincial jurisdiction over direct taxation and property and civil rights . Many disputes between the two levels of government revolve around conflicting interpretations of
3473-461: Is the reverse. The Constitution Act, 1871 allowed parliament to govern any territories not forming part of any province, and the Statute of Westminster 1931 , gave parliament the ability to pass extraterritorial laws. To rationalize how each jurisdiction may use its authority, certain doctrines have been devised by the courts: pith and substance , including the nature of any ancillary powers and
3624-515: Is vested in the provincial Crowns, management of beds of territorial seas is vested in the federal Crown (with management of the continental shelf and the exclusive economic zone ). The beds and islands of the waters between Vancouver Island and mainland British Columbia have been declared the property of the Crown in right of British Columbia . Federal-provincial management agreements have been implemented concerning offshore petroleum resources in
3775-748: The Canada Act 1982 , which included the Constitution Act, 1982 and the Charter of Rights and Freedoms , and finally established an amending formula for the Canadian Constitution. These constitutional changes had the consent of all provincial governments except Quebec's. Attempts to appease Quebec's enduring resentment and demands resulted in the Meech Lake Accord , which failed when the provinces of Manitoba and Newfoundland were not able to ratify
3926-594: The Canadian Bill of Rights , the first codification of rights by the federal government. Prime Minister Lester Pearson obtained passage of major social programs, including universal health care (a federal-provincial cost-sharing program), the Canada Pension Plan and Canada Student Loans . Quebec's Quiet Revolution encouraged increased administrative decentralization in Canada, with Quebec often opting out of federal initiatives and instituting its own (such as
4077-507: The Civil Code of Lower Canada , adopted in 1865 by the former Province of Canada, affecting federal jurisdiction continued to be in force in Quebec (if they had not been displaced by other federal Acts) until their repeal on 15 December 2004. According to the Supreme Court of Canada, "our Constitution is based on an allocation of exclusive powers to both levels of government, not concurrent powers, although these powers are bound to interact in
4228-466: The Constitution Act, 1867 (originally called the British North America Act, 1867 ), a key document in the Constitution of Canada. Some amendments to the division of powers have been made in the past century and a half, but the 1867 act still sets out the basic framework of the federal and provincial legislative jurisdictions. The division of power is reliant upon the "division" of the unitary Canadian Crown and, with it, of Canadian sovereignty , among
4379-602: The War Measures Act , the scope of which was determined by several court cases. The constitution's restrictions of parliamentary power were affirmed in 1919 when, in the Initiatives and Referendums Reference , a Manitoba act providing for direct legislation by way of initiatives and referendums was ruled unconstitutional by the Privy Council on the grounds that a provincial viceroy (even one advised by responsible ministers) could not permit "the abrogation of any power which
4530-648: The Assembly of First Nations , the Native Council of Canada , the Inuit Tapirisat of Canada and the Métis National Council . The Accord would have substantially altered the status of Aboriginal groups in Canadian political society. Under the Accord, an Aboriginal right to self-government would have been enshrined in the Canadian Constitution. Moreover, the Accord would have recognized Aboriginal governments as
4681-602: The Balfour Declaration of 1926 . The main effect was the removal of the ability of the British parliament to legislate for the Dominions, part of which also required the repeal of the Colonial Laws Validity Act 1865 in its application to the Dominions. King George V expressed his desire that the laws of royal succession be exempt from the statute's provisions, but it was determined that this would be contrary to
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4832-569: The Balfour declaration that dominions were equal in status to one another and to the United Kingdom. Further conferences in 1929 and 1930 worked out a substantive framework to implement this declaration. This became the Statute of Westminster 1931. The Statute of Westminster gave effect to certain political resolutions passed by the Imperial Conferences of 1926 and 1930 ; in particular,
4983-659: The British North America Act, 1867 , as the responsibility of the federal or provincial parliaments fell to the federal legislature (the reverse of the arrangement between the federal and state congresses in the United States). The preamble of Section 91 of the Constitution Act, 1867 states: "It shall be lawful for the Queen ... to make laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within
5134-656: The Canadian Broadcasting Corporation and the National Film Board . Federal funding would also have been guaranteed for programs under provincial heads of power, such as Medicare, limiting the federal government's authority to negotiate national standards in return for funding increases. The accord also required the federal and provincial governments to harmonize policy in telecommunications, labour development and training, regional development, and immigration. The federal power of reservation , under which
5285-465: The Canadian Charter of Rights and Freedoms . Beyond these general principles, the Charlottetown Accord did not provide any details on the precise form that such Aboriginal self-government would have taken, or how the transition would have been effected. Further, it provided for a breathing period before Aboriginal groups could access the right to self-government in the courts. This would have allowed
5436-565: The Canadian Newsmaker of the Year , an honour that usually goes to individual people. CBC said that this was the first time that the "country's newsrooms have selected a symbol instead of a specific person", which was done again in 2006, 2007, and 2020. Many thought, from a perspective favouring national unity, that the result given was probably the next-best result to the Accord passing: since both Quebec and English Canada rejected it, there really
5587-581: The Canadian constitution —were excluded from the application of the statute because of disagreements between the Canadian provinces and the federal government over how the British North America Acts could be otherwise amended. These disagreements were resolved only in time for the passage of the Canada Act 1982 , thus completing the patriation of the Canadian constitution to Canada. At that time,
5738-487: The Constitution (Amendment No. 27) Act 1936 , passed on 11 December 1936. The following day, the External Relations Act provided for the king to carry out certain diplomatic functions, if authorised by law; the same act also brought Edward VIII's Instrument of Abdication into effect for the purposes of Irish law (s. 3(2)). A new Constitution of Ireland , with a president, was approved by Irish voters in 1937, with
5889-498: The Constitution Act, 1867 , lists the major federal parliament powers, based on the concepts of peace, order, and good government ; while Section 92 of the Constitution Act, 1867 enumerates those of the provincial governments. The Act puts remedial legislation on education rights, uniform laws relating to property and civil rights (in all provinces other than Quebec), creation of a general court of appeal and other courts "for
6040-578: The Constitution Act, 1867 . Public works are the property of the federal Crown, and natural resources are within the purview of the provinces. Title to such property is not vested in one jurisdiction or another, however, since the Canadian Crown is indivisible. Section 109 has been given a particularly-broad meaning; provincial legislation regulating labour used to harvest and the disposal of natural resources does not interfere with federal trade and commerce power, and royalties have been held to cover
6191-681: The Council of the Federation , established by the provincial premiers, in 2003. After the 1995 Quebec referendum on sovereignty, Prime Minister Jean Chrétien limited the ability of the federal government to spend money in areas under provincial jurisdiction. In 1999 the federal government and all provincial governments except Quebec's agreed to the Social Union Framework Agreement , which promoted common standards for social programmes across Canada. Former Prime Minister Paul Martin used
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6342-560: The Free State election of 1932 on a platform of republicanising the Free State from within. Upon taking office, de Valera began removing the monarchical elements of the Constitution, beginning with the Oath of Allegiance . De Valera initially considered invoking the Statute of Westminster in making these changes, but John J. Hearne advised him not to. Abolishing the Oath of Allegiance in effect abrogated
6493-470: The Manitoba Court of Appeal held that the federal government's position was incorrect; the constitutionally-entrenched principle of responsible government meant that "Canada had not one responsible government but eleven." Officials in the United Kingdom indicated that the British parliament was under no obligation to fulfill a request for legal changes desired by Trudeau, particularly if Canadian convention
6644-710: The Northwest Territories , since the land was vested in the federal Crown. It was vacated on some land (the Railway Belt and the Peace River Block ) by British Columbia when it entered the confederation. Title to this land was not vested in those provinces until the passage of the Natural Resources Acts in 1930. The power is not absolute, however; provincial Crown land may be regulated or expropriated for federal purposes. The administration of crown land
6795-764: The Quebec Pension Plan ). The Quebec sovereignty movement led to the victory of the Parti Québécois in the 1976 Quebec election , prompting consideration of further loosening ties with the rest of Canada; this was rejected in a 1980 referendum . During the premiership of Pierre Trudeau , the federal government became more centralist. Canada experienced "conflictual federalism" from 1970 to 1984, generating tensions with Quebec and other provinces. The National Energy Program and other petroleum disputes sparked bitterness in Alberta , Saskatchewan and Newfoundland toward
6946-492: The Second World War ; the adoption was backdated to 3 September 1939, the date that Britain and Australia joined the war. Adopting section 2 of the statute clarified that the Parliament of Australia was able to legislate inconsistently with British legislation, adopting section 3 clarified that it could legislate with extraterritorial effect. Adopting section 4 clarified that Britain could legislate with effect on Australia as
7097-624: The United States in the late 18th century, whereafter British attention turned towards Australia and Asia. British policy with regards to the colonies began to be rationalized and streamlined in the 19th century. Responsible government , wherein colonial governments were held accountable to legislatures just as the British cabinet was responsible to the British Parliament, was granted to colonies beginning with Nova Scotia in 1848. Confusion existed as to what extent British legislation applied to
7248-532: The Wartime Leasehold Regulations Reference , which held that wartime regulations could displace provincial jurisdiction for the duration of an emergency. Additional measures were required in order to secure control of the economy during that time. Jurisdiction over unemployment insurance was transferred permanently to the federal sphere; the provinces surrendered their power to levy succession duties and personal and corporate income taxes for
7399-407: The 1921 treaty. Generally, the British thought that this was morally objectionable but legally permitted by the Statute of Westminster. Robert Lyon Moore , a Southern Unionist from County Donegal , challenged the legality of the abolition in the Irish Free State's courts and then appealed to the Judicial Committee of the Privy Council (JCPC) in London. However, the Free State had also abolished
7550-492: The 20th century. Dominions did not possess full sovereignty on an equal footing with the United Kingdom. The parliament of Canada passed a law barring appeals from its Supreme Court to the imperial Judicial Committee of the Privy Council in 1888, but in 1925 a judgement of the Privy Council determined that this law was invalid . Combined with the King–Byng affair the following year, this bred resentment in Canada and led to its insistence on full sovereignty. The leadership of
7701-456: The Accord, as they believed it did not give Quebec enough powers. As the campaign progressed, the accord steadily became less and less popular. This is often credited to much of the electorate finding at least some aspect of the lengthy accord with which they disagreed and the extreme unpopularity of Prime Minister Mulroney in 1992. Canada was experiencing a deepening recession since the Meech Lake Accord process ended on June 23, 1990, and many saw
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#17328373484907852-503: The Accord. Statute of Westminster, 1931 The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Dominions (now called Commonwealth realms ) and the Crown . Passed on 11 December 1931, the statute increased the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom . It also bound them all to seek each other's approval for changes to monarchical titles and
8003-412: The Alteration of Certain Mineral Contracts , to the Governor-in-Council for review. According to Bastedo, "[T]his is a very important bill affecting hundreds of mineral contracts. It raises implications which throw grave doubts of the legislation being in the public interest. There is grave doubt as to its validity". The act was upheld in an Order in Council by the federal government. Parliament passed
8154-514: The Australian states . This statute limited the legislative authority of the British parliament over Canada, effectively giving the country legal autonomy as a self-governing Dominion, though the British parliament retained the power to amend Canada's constitution at the request of Canada. That authority remained in effect until the Constitution Act, 1982 , which transferred it to Canada, the final step to achieving full sovereignty. The British North America Acts —the written elements (in 1931) of
8305-476: The British Parliament before it could become part of Canada's laws and affect the line of succession in Canada. The text of the British act states that Canada requested and consented (the only Dominion to formally do both ) to the act applying in Canada under the Statute of Westminster, while Australia, New Zealand, and the Union of South Africa simply assented. In February 1937, the South African Parliament formally gave its assent by passing His Majesty King Edward
8456-489: The British parliament to approve the Constitution Act, 1982 , which it did in passage of the Canada Act 1982 . This resulted in the introduction of the Canadian Charter of Rights and Freedoms , the transfer of constitutional amendment to a Canadian framework and the addition of section 92A to the Constitution Act, 1867 , giving the provinces more jurisdiction over their natural resources. The Progressive Conservative Party under Joe Clark and Brian Mulroney favoured
8607-406: The Charlottetown Accord was the Canada Clause , which was intended to be an interpretive section of the Canadian Constitution. The Canada Clause set out general values which it asserted defined the nature of Canadian character and political society. One such value was the recognition of Quebec as a distinct society within Canada. Other aspects of the Canada Clause dealt with the rule of law, Canada as
8758-417: The Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces". In addition to assigning powers not stated elsewhere (which has been narrowly interpreted), this has led to the creation of the national-emergency and national-concern doctrines. The national-emergency doctrine was described by Mr Justice Beetz in Reference re Anti-Inflation Act . The national-concern doctrine
8909-413: The Crown possesses through a person directly representing it". Social and technological changes also worked their way into constitutional authority; the Radio Reference found that federal jurisdiction extended to broadcasting , and the Aeronautics Reference found the same for aeronautics . In 1926, the King–Byng Affair resulted in a constitutional crisis which was the impetus for changes in
9060-454: The Eighth's Abdication Act, 1937 , which declared that Edward VIII had abdicated on 10 December 1936; that he and his descendants, if any, would have no right of succession to the throne; and that the Royal Marriages Act 1772 would not apply to him or his descendants, if any. The move was largely done for symbolic purposes, in an attempt by Prime Minister J. B. M. Hertzog to assert South Africa's independence from Britain. In Canada,
9211-439: The Executive Council would not amend the legislation unilaterally. The other Dominions backed Cosgrave and, when an amendment to similar effect was proposed at Westminster by John Gretton , parliament duly voted it down. When the statute became law in the UK, Patrick McGilligan , the Free State Minister for External Affairs , stated: "It is a solemn declaration by the British people through their representatives in Parliament that
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#17328373484909362-410: The Free State's Vice-President of the Executive Council , declared that "Ireland secured by that 'surrender' [the Treaty] a constitutional status equal to that of Canada. 'Canada,' said the late Mr. Bonar Law ,' is by the full admission of British statesmen equal in status to Great Britain and as free as Great Britain'. The constitutional status of Ireland, therefore, as determined by the Treaty of 1921,
9513-401: The Imperial Parliament to extend to that colony. This had the dual effect of granting colonies autonomy within their borders while subordinating them to the British Parliament otherwise. Most of the remaining colonies in North America – everything north of the United States with the exception of Newfoundland – were merged into a federal polity known as "Canada" in
9664-411: The Irish Free State becoming simply "Ireland", or, in the Irish language , Éire . The head of state of Ireland remained unclear until 1949 , when Ireland unambiguously became a republic outside the Commonwealth of Nations by enacting The Republic of Ireland Act 1948 . In some countries where the Statute of Westminster forms a part of the constitution, the anniversary of the date of the passage of
9815-413: The Irish Free State, meanwhile, was dominated by those who had fought a war of independence against Britain and who had agreed to dominion status as a compromise; they took a maximalist view of the autonomy they had secured in the Anglo-Irish Treaty and pushed for recognition of their state's sovereignty, which would have implications for the other dominions as well. The 1926 Imperial Conference led to
9966-442: The Judicial Committee of the Privy Council and (after 1949) the Supreme Court of Canada. The nature of the Canadian constitution was described by the Privy Council in 1913 as not truly federal (unlike the United States and Australia ); although the British North America Act, 1867 , states in its preamble that the colonies had expressed "their desire to be federally united into one Dominion", "the natural and literal interpretation of
10117-437: The Parliament of the United Kingdom also repealed ss 4 and 7(1) of the Statute of Westminster as applied to Canada. The Statute of Westminster, as amended, remains a part of the constitution of Canada by virtue of section 52(2)( b ) of and the schedule to the Constitution Act, 1982. The Newfoundland Terms of Union expressly provide for the application of the Statute of Westminster to the province of Newfoundland and Labrador. As
10268-399: The Privy Council on the Unemployment Insurance Reference , where Lord Atkin observed: "Assuming the Dominion has collected by means of taxation a fund, it by no means follows that any legislation which disposes of it is necessarily within Dominion competence ... If on the true view of the legislation it is found that in reality in pith and substance the legislation invades civil rights within
10419-418: The Privy Council. World War II 's broader scope required passage of the National Resources Mobilization Act to supplement the powers in the War Measures Act to pursue the national war effort. The extent to which wartime federal power could expand was further clarified in the Chemicals Reference (which held that Orders in Council under the War Measures Act were equivalent to acts of parliament) and
10570-448: The Province, or in respect of other classes of subjects otherwise encroaches upon the provincial field, the legislation will be invalid". In Re Canada Assistance Plan , Justice Sopinka held that the withholding of federal money previously granted to fund a matter within provincial jurisdiction does not amount to the regulation of that matter. Much distribution of power has been ambiguous, leading to disputes which have been decided by
10721-415: The Quebec Resolutions. In 1888, Edward Blake summarized that view: "[It is] a federal as distinguished from a legislative union, but a union composed of several existing and continuing entities ... [The provinces are] not fractions of a unit but units of a multiple. The Dominion is the multiple and each province is a unit of that multiple ..." The accession of Wilfrid Laurier as prime minister inaugurated
10872-457: The Resolutions. The resulting constitution was couched in more centralist terms than intended. As prime minister, Macdonald tried to exploit this discrepancy to impose his centralist ideal against chief opponent Oliver Mowat . In a series of political battles and court cases from 1872 to 1896, Mowat reversed Macdonald's early victories and entrenched the co-ordinated sovereignty which he saw in
11023-503: The Senate and the (much larger) House of Commons. On matters related to francophone culture and language, passage of a bill would require a majority in the Senate as a whole and a majority of (self-declared) francophone senators. Changes were also proposed for the House of Commons. Following the "equalization" of the Senate, the House's seat distribution would also be based more on population than previously, with more seats allotted to Ontario and
11174-543: The Statute of Westminster, especially because of financial troubles and corruption there. By request of the Dominion's government, the United Kingdom established the Commission of Government in 1934, resuming direct rule of Newfoundland. That arrangement remained until Newfoundland became a province of Canada in 1949 following referendums on the issue in 1948 . The Statute of Westminster became applicable to Newfoundland when it
11325-666: The Statute of Westminster, its Executive Council (cabinet) taking the view that the Anglo-Irish Treaty of 1921 had already ended Westminster's right to legislate for the Irish Free State. The Free State's constitution gave the Oireachtas "sole and exclusive power of making laws". Hence, even before 1931, the Irish Free State did not arrest deserters from the British Army and Royal Air Force on its territory, even though
11476-594: The UK believed post-1922 British laws gave the Free State's Garda Síochána the power to do so. The UK's Irish Free State Constitution Act 1922 said, however, " [n]othing in the [Free State] Constitution shall be construed as prejudicing the power of [the British] Parliament to make laws affecting the Irish Free State in any case where, in accordance with constitutional practice, Parliament would make laws affecting other self-governing Dominions". In 1924, Kevin O'Higgins ,
11627-501: The United Kingdom, Canada, Australia, and New Zealand over matters of change to the monarchy, though the Statute of Westminster is not part of their laws. Ireland and South Africa are now republics and Newfoundland is now part of Canada as a province. Australia adopted sections 2 to 6 of the Statute of Westminster with the Statute of Westminster Adoption Act 1942 , in order to clarify the validity of certain Australian legislation relating to
11778-418: The Western provinces. In exchange for Quebec losing Senate seats under a Triple-E Senate (dropping from 24 to 6), Quebec was guaranteed never to be allotted less than 25% of the seats in the House. The accord also proposed a social charter to promote such objectives as health care , welfare , education , environmental protection, and collective bargaining . It also proposed the elimination of barriers to
11929-655: The ability to make extraterritorial laws and abolish appeals to the Judicial Committee of the Privy Council . Criminal appeals were abolished in 1933, but civil appeals continued until 1949. The last Privy Council ruling of constitutional significance occurred in 1954, in Winner v. S.M.T. (Eastern) Limited . After that, the Supreme Court of Canada became the final court of appeal. In 1937, Lieutenant Governor of Alberta John C. Bowen refused to give Royal Assent to three Legislative Assembly of Alberta bills. Two would have put
12080-426: The accord became portrayed as a campaign of grassroots activism against the interests of the powerful. In Quebec, a tape featuring two bureaucrats saying that Bourassa had "caved" in negotiations was played on a radio station. Further undermining the "Yes" vote in Quebec was when British Columbia's Constitutional Affairs minister Moe Sihota , responding to Mair's comments, said that Bourassa had been "outgunned" in
12231-555: The accord, had a new leader in Jean Chrétien who promised not to revisit constitutional issues, and won a large majority in the new Parliament. The Liberals won nearly every seat in Ontario and Atlantic Canada , and in spite of the Reform and Bloc breakthroughs won respectable numbers of seats in Quebec and Western Canada . One of the Accord's reforms dealing specifically with New Brunswick
12382-459: The accord. First Nations groups endorsed it as did some women's groups and business leaders. All ten provincial premiers supported it. Most major media and media figures seemed to support it. All three major party leaders travelled the country supporting the accord while large amounts of money were spent on pro-accord advertising. While many advocates of the accord acknowledged that it was a compromise and had many flaws, they also felt that without it
12533-402: The application of the law to their respective jurisdictions. Section 10 of the statute provided that sections 2 to 6 would apply in the other three Dominions—Australia, New Zealand , and Newfoundland – only after the respective parliament of that Dominion had legislated to adopt them. Since 1931, over a dozen new Commonwealth realms have been created, all of which now hold the same powers as
12684-528: The areas around Newfoundland and Labrador and Nova Scotia . Taxation is a power of the federal and provincial legislatures; provincial taxation is more restricted, in accordance with sections 92(2) and 92(9) of the Constitution Act, 1867 . In Allard Contractors Ltd. v. Coquitlam (District) , provincial legislatures may levy an indirect fee as part of a valid regulatory scheme. Gérard La Forest observed obiter dicta that section 92(9) (with provincial powers over property and civil rights and matters of
12835-544: The better Administration of the Laws of Canada," and implementing obligations arising from foreign treaties, all under the purview of the federal legislature in Section 91. Some aspects of the Supreme Court of Canada were elevated to constitutional status in 1982. The Act lists the powers of the provincial parliaments (subject to the federal parliament's authority to regulate inter-provincial movement) in Section 92. These powers include
12986-613: The case for patriation to the British parliament "[without] bothering to ask one premier". According to the federal cabinet and Crown counsel, if the British Crown (in council, in parliament, and on the bench) exercised sovereignty over Canada, it would do so only at the request of the federal ministers. Manitoba, Newfoundland and Quebec posed reference questions to their respective courts of appeal, in which five other provinces intervened in support. In his ruling, Justice Joseph O'Sullivan of
13137-561: The colonies; in South Australia , justice Benjamin Boothby caused a nuisance by striking down several local laws as contrary ("repugnant") to the legislation in Britain. Westminster rectified this situation by passing the Colonial Laws Validity Act 1865 , which allowed the colonies to pass legislation different from that in Britain provided that it was not repugnant to any law expressly passed by
13288-473: The colourability of legislation ; double aspect ; paramountcy ; inter-jurisdictional immunity ; the living tree ; the purposive approach ; and charter compliance (most notably through the Oakes test ). Additionally, there is the implied Bill of Rights . Jurisdiction over Crown property is divided between the provincial legislatures and the federal parliament, with the key provisions Sections 108, 109, and 117 of
13439-826: The common line of succession. The statute was effective either immediately or upon ratification. It thus became a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926 . As the statute removed nearly all of the British parliament's authority to legislate for the Dominions, it was a crucial step in the development of the Dominions as separate, independent, and sovereign states. Its modified versions are now domestic law in Australia and Canada ; it has been repealed in New Zealand and implicitly in former Dominions that are no longer Commonwealth realms . England, and Britain after 1707 , had colonies outside of Europe since
13590-436: The constitutional monarchy as a bulwark against potential fracturing of the Canadian federation , and the Crown remains central to Canadian federalism. The federal–provincial distribution of legislative powers (also known as the division of powers ) defines the scope of the federal and provincial legislatures. These have been identified as exclusive to the federal or provincial jurisdictions or shared by all. Section 91 of
13741-467: The country would break apart. Former Prime Minister Pierre Trudeau was a prominent opponent of the Accord. In a piece first published in Maclean's , he argued that the accord meant the end of Canada and was the effective disintegration of the federal government. He hosted a press conference at a Montreal restaurant, the transcript of which was published and distributed in book form as A Mess That Deserves
13892-640: The country's 11 jurisdictions. The federal nature of the Canadian constitution was a response to the colonial -era diversity of the Maritimes and the Province of Canada , particularly the sharp distinction between the French-speaking inhabitants of Lower Canada and the English-speaking inhabitants of Upper Canada and the Maritimes. John A. Macdonald , Canada's first prime minister , originally favoured
14043-489: The court of final appeal after the 1949 abolition of appeals to the Judicial Committee of the Privy Council and the federal parliament received the power to amend the constitution, limited to non-provincial matters and subject to other constraints. 1961 saw the last instance of a lieutenant governor reserving a bill passed by a provincial legislature. Frank Lindsay Bastedo , Lieutenant Governor of Saskatchewan , withheld Royal Assent and reserved Bill 5, An Act to Provide for
14194-446: The courts to interpret the Constitution in accordance with the basic values outlined. The Charlottetown Accord attempted to resolve long-standing disputes around the division of powers between federal and provincial jurisdiction . The Accord declared that forestry, mining, natural resources, and cultural policy would become provincial jurisdictions, with the federal government retaining jurisdiction over national cultural bodies such as
14345-514: The current nature and historical development of the federal system in Canada . Canada is a federation with eleven components: the national Government of Canada and ten provincial governments . All eleven governments derive their authority from the Constitution of Canada . There are also three territorial governments in the far north, which exercise powers delegated by the federal parliament , and municipal governments which exercise powers delegated by
14496-499: The devolution of power to the provinces, culminating in the failed Meech Lake and Charlottetown accords. After merging in 2003 with the heavily devolutionist Canadian Alliance , the Conservative Party under Stephen Harper has maintained the same stance. When Harper was appointed prime minister in 2006, the frequency of First Ministers' conferences declined significantly; inter-provincial cooperation increased with meetings of
14647-478: The discussions. Despite a consensus victory by Bourassa in a television debate against Parizeau, the "Oui" campaign stalled at 45% in the polls. On October 26, 1992, two referendums, the Quebec government's referendum in Quebec, and the federal government's referendum in all other provinces and territories, were put to the voters. The Question: The impact of the referendum caused the Canadian Press to label it
14798-630: The document by the deadline established. This was followed by a resurgence in the Quebec sovereignty movement . Premier Robert Bourassa stated that a referendum would occur in 1992 on either a new constitutional agreement with Canada or sovereignty for Quebec, and citing his dignity, refused to again negotiate as one province. The Quebec government set up the Allaire Committee and the Bélanger–Campeau Committee to discuss Quebec's future and
14949-490: The dominant tide of constitutional doctrines; rather they have been an undertow against the strong pull of pith and substance, the aspect doctrine and, in recent years, a very restrained approach to concurrency and paramountcy issues. Notable examples include: In 1899, Lord Watson asserted during the argument in CPR v Bonsecours that neither the federal parliament nor the provincial legislatures could give legislative authority to
15100-430: The drafters of the constitution; for example, federal jurisdiction to incorporate companies is inferred from the power provinces have under Section 92 for "The Incorporation of Companies with Provincial Objects". Section 129 of the Constitution Act, 1867 provided for laws in effect at the time of Confederation to continue until repealed or altered by the appropriate legislative authority. Similar provisions were included in
15251-560: The duration of the war (and for one year afterwards) under the Wartime Tax Rental Agreement; and labour relations were centralized under federal control with the Wartime Labour Relations Regulations (lasting until 1948), in which the provinces ceded their jurisdiction over all labour issues. Canada emerged from the war with better cooperation between the federal and provincial governments. This led to
15402-452: The enactment thereof. It also provides in section 2(1): No law and no provision of any law made after the commencement of this Act by the Parliament of a Dominion shall be void or inoperative on the ground that it is repugnant to the Law of England, or to the provisions of any existing or future Act of Parliament of the United Kingdom, or to any order, rule or regulation made under any such Act, and
15553-492: The exploration, development and export to other provinces of non-renewable natural resources, forestry resources and electrical energy. Education is under provincial jurisdiction, subject to the rights of separate schools . Old-age pensions, agriculture and immigration are shared by federal and provincial jurisdictions. One prevails over the other in cases of conflict, however: for pensions, federal legislation will not displace provincial laws, and for agriculture and immigration it
15704-565: The federal Parliament passed the Succession to the Throne Act, 1937 , to assent to His Majesty's Declaration of Abdication Act and ratify the government's request and consent to it. In the Irish Free State , Prime Minister Éamon de Valera used the departure of Edward VIII as an opportunity to remove all explicit mention of the monarch from the Constitution of the Irish Free State , through
15855-532: The federal government and the provinces time to negotiate the details in the absence of court decisions. If, however, self-government was not realized during this period, then Aboriginal groups could litigate matters in the courts. In addition to the principle of self-government, the Charlottetown Accord would have entrenched existing treaty rights in the Constitution (although it would not have created any additional treaty rights) and it would have given constitutional recognition to Métis rights. A central component of
16006-520: The federal government struck the Beaudoin–Edwards Committee and the Spicer commission to find ways to resolve concerns in Canada's other provinces. Former Prime Minister Joe Clark was appointed Minister responsible for Constitutional Affairs on 21 April 1991, and was made responsible by Prime Minister Brian Mulroney for pulling together a new constitutional agreement. Clark conducted over
16157-582: The federal government the power to conduct such votes in only some provinces while excluding others. British Columbia and Alberta agreed to have their referendums overseen by Elections Canada , but Quebec opted to conduct its vote provincially. One of the effects of the arrangement was that Quebecers "temporarily" living outside the province could have two votes, since they were enumerated to the voters' list based on federal rules, whereas people relatively new to Quebec could not vote at all because they had not established residency. The referendum's measure of success
16308-423: The federal government. Although Canada achieved full status as a sovereign nation in the Statute of Westminster 1931, there was no consensus on a process to amend the constitution; attempts such as the 1965 Fulton–Favreau formula and the 1971 Victoria Charter failed to receive unanimous approval from both levels of government. When negotiations with the provinces again stalled in 1980, Trudeau threatened to take
16459-470: The final form of the Statute of Westminster included the Irish Free State among the Dominions the British Parliament could not legislate for without the Dominion's request and consent. Originally, the UK government had wanted to exclude from the Statute of Westminster the legislation underpinning the 1921 treaty, from which the Free State's constitution had emerged. Executive Council President (Prime Minister) W. T. Cosgrave objected, although he promised that
16610-487: The free flow of goods, services, labour and capital, and other provisions related to employment , standard of living , and development among the provinces. Unlike the Meech Lake Accord, the Charlottetown Accord's ratification process provided for a national referendum. Three provinces — British Columbia , Alberta , and Quebec — had recently passed legislation requiring that constitutional amendments be submitted to
16761-610: The late 16th century. These early colonies were largely run by private companies rather than the Crown directly, but by the end of the century had ( except for India ) been subsumed under Crown control. Oversight of these colonies oscillated between relatively lax enforcement of laws and centralisation of power depending on the politics of the day, but the Parliament in Westminster always remained supreme. Most colonies in North America broke away from British rule and became independent as
16912-459: The late 1860s and early 1870s. Canada was termed a " dominion ", a term previously used in slightly different contexts in English history, and granted a broad array of powers between the federal government and the provincial governments. Australia was similarly deemed a dominion when it federated in 1901 , as were Newfoundland, New Zealand, South Africa, and the Irish Free State in the first decades of
17063-400: The law of each Dominion. For expediency and to avoid embarrassment, the British government had suggested the Dominion governments regard whoever is monarch of the UK to automatically be their monarch, but the Dominions rejected this. Prime Minister of Canada William Lyon Mackenzie King pointed out that the Statute of Westminster required Canada's request and consent to any legislation passed by
17214-454: The law relating to escheats . Canada cannot unilaterally create Indian reserves , since the transfer of such lands requires federal and provincial approval by Order in Council (although discussion exists about whether this is sound jurisprudence). The provincial power to manage Crown land did not initially extend to Manitoba , Alberta and Saskatchewan when they were created from part of
17365-571: The meaning of these powers. In the Local Prohibition Case of 1896, the Judicial Committee of the Privy Council arrived at a method of interpretation, known as the "four-departments doctrine", in which jurisdiction over a matter is determined in the following order: By the 1930s, as noted in the Fish Canneries Reference and Aeronautics Reference , the division of responsibilities between federal and provincial jurisdictions
17516-470: The members of the Commonwealth in relation to one another that any alteration in the law touching the succession to the throne or the royal style and titles shall hereafter require the assent as well of the parliaments of all the Dominions as of the Parliament of the United Kingdom: Though a preamble is not considered to have the force of statute law, that of the Statute of Westminster has come to be
17667-538: The number of matters in the existing constitutional amending formula that required unanimous consent. The Accord proposed a number of major reforms to Federal institutions. The Supreme Court of Canada and its governing legislation were to be constitutionally entrenched, ending the ambiguity surrounding the inclusion of the Court in the Constitution Act, 1982 , but not its governing statute. The Senate of Canada would have been reformed, with senators to be elected either in
17818-601: The original British statute is commemorated as Statute of Westminster Day. In Canada, it is mandated that, on 11 December, the Royal Union Flag (as the Union Jack is called by law in Canada) is to be flown at properties owned by the federal Crown, where the requisite second flagpole is available. Canadian federalism [REDACTED] Canada portal Canadian federalism (French: fédéralisme canadien ) involves
17969-471: The other level. Subsequent attempts to dovetail federal and provincial legislation to achieve certain ends met with difficulty, such as an attempt by Saskatchewan to ensure enforcement of a federal statute by enacting a complementary Act declaring that the federal Act would continue in force under provincial authority if it was ruled ultra vires . The Saskatchewan Court of Appeal ruled a federal and provincial Act ultra vires , voiding both as an attempt by
18120-531: The period from November 1991 to its culmination in August 1992 a series of negotiations with the non-Quebec premiers on a new constitutional accord. Representation for Quebec was not physically present, but communications were held through a back channel. Broad agreement was made for the Meech Lake provisions to be included, a recognition of aboriginal self-government, and wholesale Senate reform that allowed for equality of
18271-505: The phrase " asymmetrical federalism " to describe this arrangement. The Supreme Court upholds the concepts of flexible federalism (where jurisdictions overlap) and cooperative federalism (where they can favourably interact), as noted in Reference re Securities Act . As a federal monarchy , the Canadian Crown is present in all jurisdictions in the country, with the headship of state
18422-497: The powers inherent in the Treaty position are what we have proclaimed them to be for the last ten years." He went on to present the statute as largely the fruit of the Free State's efforts to secure for the other Dominions the same benefits it already enjoyed under the treaty. The Statute of Westminster had the effect of granting the Irish Free State internationally recognised independence. Éamon de Valera led Fianna Fáil to victory in
18573-446: The powers of the Parliament of a Dominion shall include the power to repeal or amend any such Act, order, rule or regulation in so far as the same is part of the law of the Dominion. The whole statute applied to the Dominion of Canada , the Irish Free State , and the Union of South Africa without the need for any acts of ratification; the governments of those countries gave their consent to
18724-463: The principles of equality set out in the Balfour Declaration. Both Canada and the Irish Free State pushed for the ability to amend the succession laws themselves and section 2(2) (allowing a Dominion to amend or repeal laws of paramount force, such as the succession laws, insofar as they are part of the law of that Dominion) was included in the Statute of Westminster at Canada's insistence. After
18875-399: The province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments is based on the principle of exhaustive distribution: all legal issues are assigned to either the federal Parliament or the provincial Legislatures. The division of powers is set out in
19026-508: The province to vest powers in parliament unauthorized by the BNA Act . The matter was addressed in 1950 by the Supreme Court, which held ultra vires a proposed Nova Scotia Act which would have authorized the inter-delegation of legislative and taxation authority between Parliament and the Nova Scotia legislature. In that decision, Justice Rand explained the distinction between delegation to
19177-464: The province's banks under the control of the provincial government; the third, the Accurate News and Information Act , would have forced newspapers to print government rebuttals to stories the provincial cabinet considered "inaccurate". All three bills were later declared unconstitutional by the Supreme Court of Canada in Reference re Alberta Statutes , which was upheld by the Judicial Committee of
19328-508: The provinces. A misunderstanding on the back channel regarding Quebec's position on the latter created an impression that the agreement would be acceptable to the National Assembly, and Clark announced that a consensus had been reached. Mulroney, advised of the agreement while in Paris, was shocked and dismayed, as he believed the Senate arrangements would doom any agreement in Quebec. However,
19479-528: The provincial lieutenant governor could refer a bill passed by a provincial legislature to the federal government for assent or refusal, would have been abolished, and the federal power of disallowance , under which the federal government could overrule a provincial law that had already been signed into law, would have been severely limited. The accord formally institutionalized the federal-provincial-territorial consultative process , and provided for Aboriginal inclusion in certain circumstances. It also increased
19630-495: The realities of the life of our Constitution." Chief Justice Dickson observed the complexity of that interaction: The history of Canadian constitutional law has been to allow for a fair amount of interplay and indeed overlap between federal and provincial powers. It is true that doctrines like interjurisdictional and Crown immunity and concepts like "watertight compartments" qualify the extent of that interplay. But it must be recognized that these doctrines and concepts have not been
19781-479: The relationship between the governor general and the prime minister . Although its key aspects were political in nature, its constitutional aspects continue to be debated. One result was the Balfour Declaration issued later that year, whose principles were eventually codified in the Statute of Westminster 1931 . It, and the repeal of the Colonial Laws Validity Act 1865 , gave the federal parliament
19932-581: The right of appeal to the JCPC. In 1935, the JCPC ruled that both abolitions were valid under the Statute of Westminster. The Irish Free State, which in 1937 was renamed Ireland , left the Commonwealth in 1949 upon the coming into force of The Republic of Ireland Act 1948 . The Parliament of New Zealand adopted the Statute of Westminster by passing its Statute of Westminster Adoption Act 1947 in November 1947. The New Zealand Constitution Amendment Act , passed
20083-495: The rules of succession to the Crown . The second paragraph of the preamble to the statute reads: And whereas it is meet and proper to set out by way of preamble to this act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations , and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all
20234-589: The same year, empowered the New Zealand Parliament to change the constitution, but did not remove the ability of the British Parliament to legislate regarding the New Zealand constitution. The remaining role of the British Parliament was removed by the New Zealand Constitution Act 1986 and the Statute of Westminster was repealed in its entirety. The Dominion of Newfoundland never adopted
20385-415: The status of Quebec through a formal constitutional process. Changes to Canada's population confirm that Quebec's 25% guarantee clause would have taken effect during seat distributions. During Canada's 2012 redistribution of House of Commons seats , Quebec received seats that were proportional to its population relative to Canada (23%), slightly fewer than the 25% of seats it would have been guaranteed under
20536-476: The statute was passed, the British parliament could no longer make laws for the Dominions, other than with the request and consent of the government of that Dominion. The statute provides in section 4: No Act of Parliament of the United Kingdom passed after the commencement of this Act shall extend, or be deemed to extend, to a Dominion as part of the law of that Dominion, unless it is expressly declared in that Act that that Dominion has requested, and consented to,
20687-488: The terms of union of other territories that were subsequently incorporated into Canada. The uniformity of laws in some areas of federal jurisdiction was significantly delayed. Offences under the Criminal Code were not made uniform until 1892, when common-law criminal offences were abolished. Divorce law was not made uniform until 1968, Canadian maritime law not until 1971 and marriage law not until 2005. Provisions of
20838-514: The word [federal] confines its application to cases in which these States, while agreeing on a measure of delegation, yet in the main continue to preserve their original Constitutions". The Privy Council determined that the Fathers of Confederation desired a "general Government charged with matters of common interest, and new and merely local Governments for the Provinces". Matters other than those listed in
20989-604: The worst defeat of a sitting government at the federal level. They were replaced in most Western ridings by the Reform Party and in Quebec by the Bloc Québécois, parties who had opposed the Accord and who had not previously won seats as parties in any general election. The NDP was cut down to only nine seats. Both the PCs and NDP thereby lost official party status in the 35th Canadian Parliament . The Liberals, despite their support for
21140-585: Was admitted to Canada. Although the Union of South Africa was not among the Dominions that needed to adopt the Statute of Westminster for it to take effect, two laws—the Status of the Union Act, 1934 , and the Royal Executive Functions and Seals Act of 1934—were passed to confirm South Africa's status as a fully sovereign state. The preamble to the Statute of Westminster sets out a guideline for changing
21291-409: Was also rejected by the Dominions. All of these negotiations occurred at a diplomatic level and never went to the Commonwealth parliaments. The enabling legislation that allowed for the actual abdication ( His Majesty's Declaration of Abdication Act 1936 ) did require the assent of each Dominion parliament to be passed and the request and consent of the Dominion governments so as to allow it to be part of
21442-469: Was an American divorcée. Baldwin was able to get the then-five Dominion prime ministers to agree with this and, thus, register their official disapproval at the King's planned marriage. The King later requested the Commonwealth prime ministers be consulted on a compromise plan, in which he would wed Simpson under a morganatic marriage , pursuant to which she would not become queen. Under Baldwin's pressure, this plan
21593-471: Was an open question, as the amending formula in Part V of the Constitution Act, 1982 , only considered the consent of provincial legislatures and had no binding referendum mechanism. The government took an ambiguous stance, with speculation that if one or more recalcitrant provinces voted "No," the legislature could be convinced to pass the national package anyway. The minimum standard was generally seen to have been
21744-501: Was essentially a document created by the nation's elites to codify their vision of what Canada "should" be. B.C. broadcaster Rafe Mair gained national prominence by arguing that the accord represented an attempt to permanently cement Canada's power base in the Quebec-Ontario bloc at the expense of fast-growing, wealthy provinces like Alberta and British Columbia that were challenging its authority. To proponents of such beliefs, opposing
21895-570: Was held that the s. 92(2) power providing for "direct taxation within the province" does not extend to taxing sales on flights passing over (or through) a province, but the question of how far provincial jurisdiction can extend into a province's airspace was left undecided. However, the property and civil rights power does allow for determining rules with respect to conflict of laws in civil matters. Federal jurisdiction arises in several circumstances: The gap approach , employed sparingly, identifies areas of jurisdiction arising from oversights by
22046-575: Was modified by the conventions of colonial responsible government , making colonies of settlement (such as those of British North America ) self-governing in domestic affairs. A lengthy political process ensued before the Quebec Resolutions became the British North America Act 1867 . This process was dominated by John A. Macdonald , who joined British officials in attempting to make the federation more centralized than that envisaged by
22197-603: Was not a fundamental disagreement as there was with Meech. A division in the Quebec Liberal Party over the accord brought former Liberal youth committee president Mario Dumont to form the Action démocratique du Québec in 1994. Probably the most striking result of the referendum was the effect of most of Canada's population voting against an agreement endorsed by every first minister and most other political groups, and most media. Despite sustained political and media pressure,
22348-464: Was not followed. All rulings were appealed to the Supreme Court of Canada. In a decision later known as the Patriation Reference , the court ruled that such a convention existed but did not prevent the federal parliament from attempting to amend the constitution without provincial consent and it was not the role of the courts to enforce constitutional conventions. The Canadian parliament asked
22499-588: Was not used to implement the result of the 1933 Western Australian secession referendum , as it did not have the support of the Australian government. All British power to legislate with effect in Australia ended with the Australia Act 1986 , the British version of which says that it was passed with the request and consent of the Australian Parliament, which had obtained the concurrence of the parliaments of
22650-713: Was successfully enacted in 1993 as section 16.1 of the Charter of Rights . In the late 1990s and early 2000s, several matters relating to the status of Quebec were pursued through Parliament (e.g., the Clarity Act ) or through intergovernmental agreements. In 2006 the House of Commons of Canada passed the Québécois nation motion , recognizing the Québécois as a nation within a united Canada. As of 2023 there have been no further attempts to resolve
22801-420: Was summarized by Lord Sankey . Although the Statute of Westminster 1931 declared that the Parliament of Canada had extraterritorial jurisdiction , the provincial legislatures did not achieve similar status. According to s. 92 , "In each Province the Legislature may exclusively make Laws ...". If a provincial law affects the rights of individuals outside the province: In The Queen (Man.) v. Air Canada , it
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