Quebec Veto Reference
Encyclopedia
Quebec Veto Reference [1982] 2 S.C.R. 793 is a Supreme Court of Canada
opinion on whether there is a constitutional convention
giving the province of Quebec
a veto
over Amendments to the Constitution of Canada
. The issue arose during patriation
debates, after the Supreme Court ruled in the Patriation Reference
that there is a constitutional convention requiring "a substantial degree of provincial consent" for amendments to the Constitution of Canada
.
In November 1981, the Government of Quebec ordered that a reference
be taken in the Quebec Court of Appeal, asking whether the consent of the Province of Quebec is required, by constitutional convention, for constitutional amendments affecting the legislative competence of the Quebec legislature, or the status or role of Quebec's government or legislature.
On April 7, 1982, the Quebec Court of Appeal answered in the negative. By that time, the Canada Act 1982
had already been passed by the UK Parliament, though not proclaimed in force. On April 13, 1982, the Attorney General of Quebec appealed to the Supreme Court of Canada, but on April 17, 1982, the Canada Act 1982 was proclaimed in force by the Queen
.
In June 1982 the Supreme Court heard the appeal. On December 6, 1982, the Supreme Court rendered judgement, upholding the opinion of the Quebec Court of Appeal that Quebec did not have a veto by constitutional convention.
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...
opinion on whether there is a 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...
giving the province of 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....
a 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...
over Amendments to the Constitution of Canada
Amendments to the Constitution of Canada
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.- History :...
. The issue arose during patriation
Patriation
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...
debates, after the Supreme Court ruled in the Patriation Reference
Patriation Reference
Reference re a Resolution to amend the Constitution, [1981] 1 S.C.R. 753 – also known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution of Canada.The Court affirmed the existence of...
that there is a constitutional convention requiring "a substantial degree of provincial consent" for amendments 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...
.
In November 1981, the Government of Quebec ordered that a reference
Reference question
In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....
be taken in the Quebec Court of Appeal, asking whether the consent of the Province of Quebec is required, by constitutional convention, for constitutional amendments affecting the legislative competence of the Quebec legislature, or the status or role of Quebec's government or legislature.
On April 7, 1982, the Quebec Court of Appeal answered in the negative. By that time, the Canada Act 1982
Canada Act 1982
The Canada Act 1982 is an Act of the Parliament of the United Kingdom that was passed at the request of the Canadian federal government to "patriate" Canada's constitution, ending the necessity for the country to request certain types of amendment to the Constitution of Canada to be made by the...
had already been passed by the UK Parliament, though not proclaimed in force. On April 13, 1982, the Attorney General of Quebec appealed to the Supreme Court of Canada, but on April 17, 1982, the Canada Act 1982 was proclaimed in force by the Queen
Monarchy in Canada
The monarchy of Canada is the core of both Canada's federalism and its Westminster-style parliamentary democracy, being the foundation of the executive, legislative, and judicial branches of the Canadian government and each provincial government...
.
In June 1982 the Supreme Court heard the appeal. On December 6, 1982, the Supreme Court rendered judgement, upholding the opinion of the Quebec Court of Appeal that Quebec did not have a veto by constitutional convention.