Amendments to the Constitution of Canada
Encyclopedia
Amendments to the Constitution of Canada are changes
to the Constitution of Canada
initiated by the government. Only since 1982 has there been an official protocol to amend the Constitution.
. Unlike most constitutions, however, this Act had no amending formula; thus changes were enacted through acts of the Parliament of the United Kingdom
(or "Imperial Parliament"), the British North America Acts
. To make an amendment the federal government, on behalf of the Canadian House of Commons
and the Senate
, would issue an address to the UK government requesting an amendment and would include a resolution containing the desired amendments. These in turn, always passed with minimal debate from British politicians.
of the Constitution in 1982, a more complete amending formula has been adopted in the Constitution Act, 1982
, in sections 38 to 49.
Most kinds of amendment can be passed only if identical resolutions are adopted by the House of Commons, the Senate, and a two-thirds majority of the provincial legislative assemblies representing at least 50% of the national population. This formula, which is outlined in section 38 of the Constitution Act, 1982, is sometimes referred to as the "general amendment procedure" and is known more colloquially as the "7+50 formula."
If a constitutional amendment only affects one province, however, only the assent of Parliament and of that province's legislature is required. Seven of the ten amendments passed so far have been of this nature, with four passed by and for Newfoundland and Labrador
, one passed for New Brunswick
, one for Prince Edward Island
, and one for Quebec
. This formula is contained in section 43 of the Constitution Act, 1982.
There are some parts of the Constitution that can only be modified by a unanimous vote of all the provinces plus the two Houses of Parliament, however. These include changes to the composition of the Supreme Court of Canada
, changing the process for amending the constitution itself, or any act affecting the Offices of the Canadian monarch or governor general
. This formula is contained in section 41 of the Constitution Act, 1982, and is known as the "unanimity formula."
Though not constitutionally mandated, a popular referendum
in every province is also considered to be constitutional convention
, especially following the precedent established by the Charlottetown Accord
(see below).
is entrenched in the Constitution of Canada. The Supreme Court of Canada was not created by the constitution, rather the power to create a "Court of General Appeal for Canada" was granted to Parliament by s. 101 of the British North America Act, 1867. Parliament proceeded to create the Supreme Court of Canada under the authority of s. 101 in 1875 by passing the Supreme Court Act
, which was an ordinary piece of legislation with no constitutional significance at the time.
The Supreme Court of Canada was mentioned for the first time in a constitutional document by the Constitution Act, 1982. The Supreme Court is referred to twice. First, s. 41 lists several amendments to the Constitution of Canada requiring unanimous consent. S. 41(d) includes the "composition of the Supreme Court of Canada" in this list. Second, s. 42(1) lists several amendments to the Constitution of Canada requiring the general amendment procedure. S. 42(1)(d) includes "subject to s. 41(d), the Supreme Court of Canada" in this list.
Sections 41 and 42 of the Constitution Act, 1982 would appear to include the Supreme Court of Canada in the Constitution of Canada. However, this conclusion is questionable because the "Constitution of Canada" is expressly defined in s. 52(2). S. 52(2) lists thirty instruments that comprise the Constitution of Canada but it does not include the Supreme Court Act.
Some scholars, including Peter Hogg, have suggested that references to the Supreme Court of Canada in sections 41 and 42 are ineffective. They argue that these references are 'anticipatory' and will only become effective if Parliament adds the Supreme Court Act to the list in s. 52(2).
Others scholars, including Professor Cheffins, have argued that the Supreme Court Act is implied as entrenched into s. 52(2) because of sections 41 and 42. S. 52(2) uses the words "includes..." to define the Constitution of Canada, suggesting that the provision does not contain an exhaustive list.
The Supreme Court itself has confirmed in New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House of Assembly)
, [1993] 1 S.C.R. 319 that s. 52(2) is not exhaustive but has not yet ruled on whether the Supreme Court Act itself is included.
This issue has important implications for judicial selection in Canada. S. 4(2) of the Supreme Court Act specifies that the Governor in Council (federal cabinet) has the power to appoint judges to the Supreme Court. Prime Minister Harper has announced that a new reformed selection process will be developed. If the new process will bind the federal government, it would necessarily involve an amendment to s. 4(2) of the Supreme Court Act. If the Act is constitutionalized, this would require a constitutional amendment under the general amendment procedure -- a significant hurdle requiring provincial cooperation. If the Act is not constitutionalized, Parliament could simply amend the legislation by a majority vote.
This issue arised again in connection with private member's Bill C-232, passed by the House of Commons in March, 2010. The bill would have amended the Supreme Court Act to require all future appointees to the court to be able to understand both French and English without the assistance of an interpreter. If the Supreme Court Act is considered part of the constitution, these changes would have require a constitutional amendment but Bill C-323 died on the table when parliament was dissolved for the May election.
. Quebec, in particular, has not formally agreed to the Constitution Act, 1982, although this is symbolic and does not affect the legal applicability of the Act.
Nevertheless, agreement on details of amendments has been elusive. Further complicating attempts to amend the Constitution is the complexity of the procedure for doing so, which in most cases requires approval from both the federal parliament and two-thirds of the provincial governments representing at least 50% of the population, and in some cases require the approval of the federal government and all ten provincial governments.
The 1987 Meech Lake Accord
, a package of constitutional amendments, intended to deal with long-standing concerns of western provinces and demands from the Province of Quebec, failed in 1990 when it was not ratified by all ten provincial governments. The last attempt at a comprehensive package of constitutional amendments was the Charlottetown Accord, which arose out of the failure of the Meech Lake Accord. The Charlottetown Accord
was defeated in a national referendum in 1992.
There have been several relatively minor amendments to the Constitution since it was patriated in 1982 including amendments dealing with provincial schooling in Newfoundland and Quebec and the changing of the name of Newfoundland to Newfoundland and Labrador (see below).
Although the amending formula has not been formally altered, the Canadian government under Prime Minister Jean Chrétien
after the 1995 Quebec referendum
recognized regional veto
es over proposed amendments, held by the provinces of Ontario
, Quebec and British Columbia
, and by the regions the Prairies
(Alberta
, Saskatchewan
and Manitoba
) and the Atlantic
(New Brunswick, Nova Scotia
, Newfoundland and Labrador, and Prince Edward Island).
Most of these amendments have been limited in scope, dealing with only specific provinces, and thus not subject to national debate. None have been subjected to a national referendum.
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
initiated by the government. Only since 1982 has there been an official protocol to amend the Constitution.
History
Before 1982, modifying the Constitution of Canada primarily meant amending the British North America Act, 1867Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
. Unlike most constitutions, however, this Act had no amending formula; thus changes were enacted through acts of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
(or "Imperial Parliament"), the British North America Acts
British North America Acts
The British North America Acts 1867–1975 are the original names of a series of Acts at the core of the constitution of Canada. They were enacted by the Parliament of the United Kingdom and the Parliament of Canada. In Canada, some of the Acts were amended or repealed by the Constitution Act, 1982....
. To make an amendment the federal government, on behalf of the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
and the Senate
Canadian Senate
The Senate of Canada is a component of the Parliament of Canada, along with the House of Commons, and the monarch . The Senate consists of 105 members appointed by the governor general on the advice of the prime minister...
, would issue an address to the UK government requesting an amendment and would include a resolution containing the desired amendments. These in turn, always passed with minimal debate from British politicians.
Amendment formulae
Since the patriationPatriation
Patriation is a non-legal term used in Canada to describe a process of constitutional change also known as "homecoming" of the constitution. Up until 1982, Canada was governed by a constitution that was a British law and could be changed only by an Act of the British Parliament...
of the Constitution in 1982, a more complete amending formula has been adopted in the Constitution Act, 1982
Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
, in sections 38 to 49.
Most kinds of amendment can be passed only if identical resolutions are adopted by the House of Commons, the Senate, and a two-thirds majority of the provincial legislative assemblies representing at least 50% of the national population. This formula, which is outlined in section 38 of the Constitution Act, 1982, is sometimes referred to as the "general amendment procedure" and is known more colloquially as the "7+50 formula."
If a constitutional amendment only affects one province, however, only the assent of Parliament and of that province's legislature is required. Seven of the ten amendments passed so far have been of this nature, with four passed by and for Newfoundland and Labrador
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
, one passed for New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
, one for Prince Edward Island
Prince Edward Island
Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
, and one for Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
. This formula is contained in section 43 of the Constitution Act, 1982.
There are some parts of the Constitution that can only be modified by a unanimous vote of all the provinces plus the two Houses of Parliament, however. These include changes to the composition of the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
, changing the process for amending the constitution itself, or any act affecting the Offices of the Canadian monarch or governor general
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
. This formula is contained in section 41 of the Constitution Act, 1982, and is known as the "unanimity formula."
Though not constitutionally mandated, a popular referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
in every province is also considered to be constitutional convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
, especially following the precedent established by the Charlottetown Accord
Charlottetown Accord
The Charlottetown Accord 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 of that year, and was defeated.-Background:...
(see below).
Supreme Court of Canada in the amending formula
There is an ongoing debate among legal scholars as to whether the Supreme Court of CanadaSupreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
is entrenched in the Constitution of Canada. The Supreme Court of Canada was not created by the constitution, rather the power to create a "Court of General Appeal for Canada" was granted to Parliament by s. 101 of the British North America Act, 1867. Parliament proceeded to create the Supreme Court of Canada under the authority of s. 101 in 1875 by passing the Supreme Court Act
Supreme Court Act
The Supreme Court Act is an Act passed by the Parliament of Canada which established the Supreme Court of Canada. It was originally passed in 1875 as the Supreme and Exchequer Courts Act...
, which was an ordinary piece of legislation with no constitutional significance at the time.
The Supreme Court of Canada was mentioned for the first time in a constitutional document by the Constitution Act, 1982. The Supreme Court is referred to twice. First, s. 41 lists several amendments to the Constitution of Canada requiring unanimous consent. S. 41(d) includes the "composition of the Supreme Court of Canada" in this list. Second, s. 42(1) lists several amendments to the Constitution of Canada requiring the general amendment procedure. S. 42(1)(d) includes "subject to s. 41(d), the Supreme Court of Canada" in this list.
Sections 41 and 42 of the Constitution Act, 1982 would appear to include the Supreme Court of Canada in the Constitution of Canada. However, this conclusion is questionable because the "Constitution of Canada" is expressly defined in s. 52(2). S. 52(2) lists thirty instruments that comprise the Constitution of Canada but it does not include the Supreme Court Act.
Some scholars, including Peter Hogg, have suggested that references to the Supreme Court of Canada in sections 41 and 42 are ineffective. They argue that these references are 'anticipatory' and will only become effective if Parliament adds the Supreme Court Act to the list in s. 52(2).
Others scholars, including Professor Cheffins, have argued that the Supreme Court Act is implied as entrenched into s. 52(2) because of sections 41 and 42. S. 52(2) uses the words "includes..." to define the Constitution of Canada, suggesting that the provision does not contain an exhaustive list.
The Supreme Court itself has confirmed in New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House of Assembly)
New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House of Assembly)
New Brunswick Broadcasting Co. v. Nova Scotia is a leading Supreme Court of Canada decision wherein the court has ruled that parliamentary privilege is a part of the unwritten convention in the Constitution of Canada...
, [1993] 1 S.C.R. 319 that s. 52(2) is not exhaustive but has not yet ruled on whether the Supreme Court Act itself is included.
This issue has important implications for judicial selection in Canada. S. 4(2) of the Supreme Court Act specifies that the Governor in Council (federal cabinet) has the power to appoint judges to the Supreme Court. Prime Minister Harper has announced that a new reformed selection process will be developed. If the new process will bind the federal government, it would necessarily involve an amendment to s. 4(2) of the Supreme Court Act. If the Act is constitutionalized, this would require a constitutional amendment under the general amendment procedure -- a significant hurdle requiring provincial cooperation. If the Act is not constitutionalized, Parliament could simply amend the legislation by a majority vote.
This issue arised again in connection with private member's Bill C-232, passed by the House of Commons in March, 2010. The bill would have amended the Supreme Court Act to require all future appointees to the court to be able to understand both French and English without the assistance of an interpreter. If the Supreme Court Act is considered part of the constitution, these changes would have require a constitutional amendment but Bill C-323 died on the table when parliament was dissolved for the May election.
Debate
Amending the Canadian Constitution is a topic of great debate in Canada. There seems to be general agreement among provincial governments that some parts of the Constitution need to be amended to deal with long-standing demands from many provinces. There are demands by western provinces for a greater share of power at the federal level, and demands from Quebec for greater protection for its status as distinct societyDistinct society
Distinct society is a political term especially used during constitutional debate in Canada, in the second half of the 1980s and in the early 1990s, and present in the two failed constitutional amendments, the Meech Lake Accord and the Charlottetown Accord...
. Quebec, in particular, has not formally agreed to the Constitution Act, 1982, although this is symbolic and does not affect the legal applicability of the Act.
Nevertheless, agreement on details of amendments has been elusive. Further complicating attempts to amend the Constitution is the complexity of the procedure for doing so, which in most cases requires approval from both the federal parliament and two-thirds of the provincial governments representing at least 50% of the population, and in some cases require the approval of the federal government and all ten provincial governments.
The 1987 Meech Lake Accord
Meech Lake Accord
The Meech Lake Accord was a package of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and ten provincial premiers. It was intended to persuade the government of the Province of Quebec to endorse the 1982 Canadian Constitution and increase...
, a package of constitutional amendments, intended to deal with long-standing concerns of western provinces and demands from the Province of Quebec, failed in 1990 when it was not ratified by all ten provincial governments. The last attempt at a comprehensive package of constitutional amendments was the Charlottetown Accord, which arose out of the failure of the Meech Lake Accord. The Charlottetown Accord
Charlottetown Accord
The Charlottetown Accord 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 of that year, and was defeated.-Background:...
was defeated in a national referendum in 1992.
There have been several relatively minor amendments to the Constitution since it was patriated in 1982 including amendments dealing with provincial schooling in Newfoundland and Quebec and the changing of the name of Newfoundland to Newfoundland and Labrador (see below).
Although the amending formula has not been formally altered, the Canadian government under Prime Minister Jean Chrétien
Jean Chrétien
Joseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....
after the 1995 Quebec referendum
1995 Quebec referendum
The 1995 Quebec referendum was the second referendum to ask voters in the Canadian province of Quebec whether Quebec should secede from Canada and become an independent state, through the question:...
recognized regional veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
es over proposed amendments, held by the provinces of Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Quebec and British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, and by the regions the Prairies
Canadian Prairies
The Canadian Prairies is a region of Canada, specifically in western Canada, which may correspond to several different definitions, natural or political. Notably, the Prairie provinces or simply the Prairies comprise the provinces of Alberta, Saskatchewan, and Manitoba, as they are largely covered...
(Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
, Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
and Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
) and the Atlantic
Atlantic Canada
Atlantic Canada is the region of Canada comprising the four provinces located on the Atlantic coast, excluding Quebec: the three Maritime provinces – New Brunswick, Prince Edward Island, and Nova Scotia – and Newfoundland and Labrador...
(New Brunswick, Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
, Newfoundland and Labrador, and Prince Edward Island).
Post-1982 amendments to the Constitution
Amending the Constitution has been a topic of much debate in contemporary Canada, and the two most comprehensive attempts to revise the document have both been defeated. There have, however, been ten minor amendments to the Constitution since it was patriated in 1982.Most of these amendments have been limited in scope, dealing with only specific provinces, and thus not subject to national debate. None have been subjected to a national referendum.
- Constitution Amendment, 1983: strengthened Aboriginal rights in the Constitution. This amendment was made using the Section 38 amending formula (the “7/50 formula”).
- Constitution Act, 1985 (Representation): modified the formula for apportioning seats in the House of Commons. This amendment was made using the Section 44 amending formula (House of Commons and Senate alone).
- Constitution Amendment, 1987 (Newfoundland Act): extended education rights to the Pentecostal Church in NewfoundlandNewfoundland and LabradorNewfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
(repealed by a subsequent amendment in 1998). This amendment was made using the Section 43 amending formula (Parliament and the Newfoundland legislature). - Constitution Amendment, 1993 (New Brunswick): added Section 16.1 to the Canadian Charter of Rights and Freedoms, which made the English and French linguistic communities in New BrunswickNew BrunswickNew Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
equal, with the right to distinct cultural and educational institutions. This amendment was made using the Section 43 amending formula (Parliament and the New Brunswick legislature). - Constitution Amendment, 1993 (Prince Edward Island): allowed for a "fixed link" bridgeConfederation BridgeThe Confederation Bridge is a bridge spanning the Abegweit Passage of Northumberland Strait, linking Prince Edward Island with mainland New Brunswick, Canada. It was commonly referred to as the "Fixed Link" by residents of Prince Edward Island prior to its official naming. Construction took place...
to replace ferrying services to Prince Edward IslandPrince Edward IslandPrince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
. This amendment was made using the Section 43 amending formula (Parliament and the Prince Edward Island legislature). - Constitution Amendment, 1997 (Newfoundland Act): allowed the Province of Newfoundland to create a secular school system to replace the church-based education system. This amendment was made using the Section 43 amending formula (Parliament and the Newfoundland legislature). Use was also made, for the first time, of Section 47 of the Constitution Act, 1982, which permits the House of Commons to bypass the Senate by re-enacting a draft amendment which the Senate has not adopted.
- Constitution Amendment, 1997 (Quebec): permitted the Province of QuebecQuebecQuebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
to replace the denominational school boards with ones organized on linguistic lines. This amendment was made using the Section 43 amending formula (Parliament and the Quebec legislature). However, the preamble to the resolution of the Quebec National Assembly adopting the amendment makes no reference to which amending formula is being used, and includes the following statement: “Whereas such amendment in no way constitutes recognition by the National Assembly of the Constitution Act, 1982, which was adopted without its consent” - Constitution Amendment, 1998 (Newfoundland Act): ended denominational quotas for Newfoundland religion classes. This amendment was made using the Section 43 amending formula (Parliament and the Newfoundland legislature).
- Constitution Act, 1999 (Nunavut): granted the Territory of NunavutNunavutNunavut is the largest and newest federal territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993...
representation in the Senate of Canada. This amendment was made using the Section 44 amending formula (Parliament alone). The constitutional amendment was contained in sections 43 to 47 of a bill titled “Act to amend the Nunavut Act and the Constitution Act, 1867" At the time of the Act’s adoption, Preston ManningPreston ManningErnest Preston Manning, CC is a Canadian politician. He was the only leader of the Reform Party of Canada, a Canadian federal political party that evolved into the Canadian Alliance...
argued that both this Act and the Nunavut Act of 1993 ought to have been adopted using a more inclusive amendment formula (probably the 7 / 50 formula), and that the failure to use the appropriate formula could result in future constitutional difficulties. - Constitution Amendment, 2001 (Newfoundland and Labrador): changed the name of the "Province of Newfoundland" to the "Province of Newfoundland and Labrador". This amendment was made using the Section 43 amending formula (Parliament and the Newfoundland legislature).
Failed attempts
- The Meech Lake AccordMeech Lake AccordThe Meech Lake Accord was a package of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and ten provincial premiers. It was intended to persuade the government of the Province of Quebec to endorse the 1982 Canadian Constitution and increase...
. - The Charlottetown AccordCharlottetown AccordThe Charlottetown Accord 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 of that year, and was defeated.-Background:...
.