Let's get the constitution straight
Given the present flurry of talk about Quebec changing the Constitution and the PM agreeing, no one Province can change provisions of the Constitution.
The main, general formula for amending the Canadian Constitution is section 38 of the Constitution which says:
38 (1) An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by
- (a) resolutions of the Senate and House of Commons; and
- (b) resolutions of the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces.
Two thirds of the provinces and 50% of population
There are two other sections which deal with specific areas and have their own formula:
Section 41
41 An amendment to the Constitution of Canada in relation to the following matters may be made by proclamation issued by the Governor General under the Great Seal of Canada only where authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province:
- (a) the office of the Queen, the Governor General and the Lieutenant Governor of a province;
- (b) the right of a province to a number of members in the House of Commons not less than the number of Senators by which the province is entitled to be represented at the time this Part comes into force;
- (c) subject to section 43, the use of the English or the French language;
- (d) the composition of the Supreme Court of Canada; and
- (e) an amendment to this Part.
Approval of House of Commons and the Senate and all the legislatures of the Provinces.
And Section 43
43 An amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces, including
- (a) any alteration to boundaries between provinces, and
- (b) any amendment to any provision that relates to the use of the English or the French language within a province, may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies.
Under Section 43 above Quebec and the Federal Government after getting the approval of the House of Commons and the Senate plus the approval of the Quebec National Assembly can change the use of language, English or French, IN THAT PROVINCE.
That’s it.
Latest comments
It's easy for politicians, they can spend what they want because somebody else will pay for it – the taxpayers.
Well done Merv & Marg
Nanaimo is still a good place, but the powers that be have let it run to ruin. This is sad to see.
i agree it is the volunteers in Nanaimo that make it such a wonderful place to live. I've lived all over B. C. and came back to Nanaimo to raise my kids and join the family business. Never any regret
Thank you Mr. Peckford for voicing concerns that many Canadians share, but remain silent.