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. A constitutional amendment is an alteration to the constitution of a nation or a state. ... The Constitution of Canada is the supreme law in Canada. ... 1982 (MCMLXXXII) was a common year starting on Friday of the Gregorian calendar. ...

History

Before 1982, modifying the Constitution of Canada primarily meant amending the British North America Act, 1867. 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. The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), comprises a major part of Canadas constitution. ... The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... The British North America Acts 1867–1982 were a series of Acts of the British Parliament dealing with the government of Canada. ... The House of Commons (French: Chambre des communes) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the Senate. ... The Senate (French: Sénat) is a component of the Parliament of Canada, which also includes the Sovereign (represented by the Governor General) and the House of Commons. ...

Amendment formulas

Since the patriation of the Constitution in 1982, a more complete amending formula has been adopted in the Constitution Act, 1982, in sections 37 to 49. Amendments can only be passed by the Canadian House of Commons, the Senate, and a two-thirds majority of the provincial legislatures representing at least 50% of the national population (the 7/50 formula). Though not constitutionally mandated, a popular referendum in every province is also considered to be necessary by many, especially following the precedent established by the Charlottetown Accord (see below). Patriation is a legal term particularly used in Canada, to describe a process of constitutional change also known as bringing home the constitution. ... The Constitution Act, 1982 (Schedule B of the Canada Act 1982 (U.K.)) is a part of the Constitution of Canada. ... A referendum (plural: referendums or referenda) or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... The Charlottetown Accord was a package of constitutional amendments, proposed by the Canadian federal and provincial governments in 1992. ...

If a constitutional amendment only affects one province, however, only the assent of that province's legislature is required. Eight 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 Nunavut, one for Prince Edward Island, and one for Quebec. Some of the above did also require approval by the federal Parliament under section 43(b) due to the English and French nature of the amendment. Motto: Quaerite Prime Regnum Dei (Latin: Seek ye first the kingdom of God) Official languages None Capital St. ... Motto: Spem reduxit (Hope restored) Official languages English, French Capital Fredericton Largest city Saint John Lieutenant-Governor Herménégilde Chiasson Premier Bernard Lord (PC) Parliamentary representation  - House seat  - Senate seats 10 10 Area Total  â€¢ Land  â€¢ Water    (% of total)  Ranked 11th 72 908 km² 71 450 km² 1 458 km... Motto: Nunavut Sannginivut (Inuktitut: Nunavut our strength or Our land our strength) Official languages Inuktitut, Inuinnaqtun, English, French Capital Iqaluit Largest city Iqaluit Commissioner Ann Meekitjuk Hanson Premier Paul Okalik (independent) Parliamentary representation  - House seat  - Senate seats 1 Nancy Karetak-Lindell 1 Willie Adams Area Total  â€¢ Land  â€¢ Water    (% of total... Motto: Parva Sub Ingenti (Latin: The small under the protection of the great) Official languages None Capital Charlottetown Largest city Charlottetown Lieutenant-Governor J. Léonce Bernard Premier Pat Binns (PC) Parliamentary representation  - House seat  - Senate seats 4 4 Area Total  â€¢ Land  â€¢ Water    (% of total)  Ranked 13th 5,660 km... Motto: Je me souviens (French: I remember) Official languages French Capital Quebec City Largest city Montreal Lieutenant-Governor Lise Thibault Premier Jean Charest (PLQ) Parliamentary representation  - House seat  - Senate seats 75 24 Area Total  â€¢ Land  â€¢ Water    (% of total)  Ranked 1st 1,542,056 km² 1,183,128 km² 176,928...

There are some parts of the Constitution that can only be modified by a unanimous vote of all the provinces, however. This may include changes to the composition of the Supreme Court of Canada, changing the process for amending the constitution itself, or abolishing the Monarchy in Canada. The Supreme Court Building in Ottawa The Supreme Court of Canada (French: Cour suprême du Canada) is highest court of Canada and is the final court of appeal for all litigants in the Canadian justice system. ... Canada is a constitutional monarchy and a Commonwealth Realm with Queen Elizabeth II as its reigning monarch and head of state. ...

The Supreme Court of Canada in the amending formula

There is an ongoing debate among legal scholars as to whether the Supreme Court of Canada 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 Building in Ottawa The Supreme Court of Canada (French: Cour suprême du Canada) is highest court of Canada and is the final court of appeal for all litigants in the Canadian justice system. ... The Supreme Court Act is an Act passed by the Parliament of Canada establishes the Supreme Court of Canada. ...

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. Holding The appeal should be allowed. ...

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.

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 society. Quebec, in particular, has not formally signed Constitution Act, 1982, although this is largely symbolic and does not affect the legal applicability of the Act. The Constitutional debate of Canada is an ongoing debate covering various political issues regarding the fundamental law of the country. ... Distinct society (in French la société distincte) was a political neologism used during a constitutional debate in Canada, in the second half of the 1980s and in the early 1990s. ...

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. The Meech Lake Accord was a set of failed constitutional amendments to the Constitution of Canada negotiated by Prime Minister Brian Mulroney and the provincial premiers, including Robert Bourassa, premier of Quebec. ...

There have been several relatively minor amendments to the Constitution since it was repatriated 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 Chretien after the 1995 Quebec referendum recognized regional vetoes 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). The Right Honourable Joseph Jacques Jean Chrétien, PC (born January 11, 1934, Shawinigan, Quebec) was the twentieth Prime Minister of Canada, serving from November 4, 1993, to December 12, 2003. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The word veto comes from Latin and literally means I forbid. ... Motto: Ut Incepit Fidelis Sic Permanet (Latin: Loyal she began, loyal she remains) Official languages English (French has some legal status) Capital Toronto Largest city Toronto Lieutenant-Governor James K. Bartleman Premier Dalton McGuinty (Liberal) Parliamentary representation  - House seat  - Senate seats 106 24 Area Total  â€¢ Land  â€¢ Water    (% of total)  Ranked... Motto: Splendor Sine Occasu (Latin: Splendour without diminishment) Official languages none stated in law; English is de facto Capital Victoria Largest city Vancouver Lieutenant-Governor Iona Campagnolo Premier Gordon Campbell (BC Liberal) Parliamentary representation  - House seat  - Senate seats 36 6 Area Total  â€¢ Land  â€¢ Water    (% of total)  Ranked 5th 944,735... Map of the Prairie Provinces (which include boreal forests, taiga and mountains as well as the prairies proper). ... Motto: Fortis et Liber (Latin: Strong and free) Official languages English Capital Edmonton Largest city Calgary Lieutenant-Governor Norman Kwong Premier Ralph Klein (PC) Parliamentary representation  - House seat  - Senate seats 28 6 Area Total  â€¢ Land  â€¢ Water    (% of total)  Ranked 6th (provinces and territories) 661,848 km² 642,317 km² 19... Motto: Multis E Gentibus Vires (Latin: From many peoples, strength) Official languages English (but legally required to provide some services in French) Capital Regina Largest city Saskatoon Lieutenant-Governor Lynda M. Haverstock Premier Lorne Calvert (NDP) Parliamentary representation  - House seat  - Senate seats 14 6 Area Total  â€¢ Land  â€¢ Water    (% of total... Motto: Gloriosus et Liber (Latin: Glorious and free) Official languages English (some French services are provided, but French does not have official status at the provincial level) Capital Winnipeg Largest city Winnipeg Lieutenant-Governor John Harvard Premier Gary Doer (NDP) Parliamentary representation  - House seat  - Senate seats 14 6 Area Total... The four Canadian Atlantic provinces. ... Motto: Munit Haec et Altera Vincit (Latin: One defends and the other conquers) Official languages None Capital Halifax Largest city Halifax Lieutenant-Governor Myra Freeman Premier Rodney MacDonald (PC) Parliamentary representation  - House seat  - Senate seats 11 10 Area Total  â€¢ Land  â€¢ Water    (% of total)  Ranked 12th 55,283 km² 53,338...

Past amendments to the Constitution

As mentioned, 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.

• 1983 Amendment: mandated yearly Prime Minister meetings with Aboriginal leaders.
• 1985 Amendment: modified formula for determining seats in the House of Commons.
• 1987 Amendment: extended education rights to the Pentecostal Church in Newfoundland (repealed by 1998 Amendment)
• 1993 Amendment: made English and French linguistic communities equal with the right to distinct linguistic and cultural education in New Brunswick. See Section 16.1 of the Canadian Charter of Rights and Freedoms
• 1993 Amendment: allowed for a "fixed link" bridge to replace ferrying services to Prince Edward Island.
• 1997 Amendment: allowed the Province of Newfoundland to create a secular school system to replace the church-based education system.
• 1997 Amendment: permitted Quebec to replace the denominational school boards with ones organized on linguistic lines.
• 1998 Amendment: ended denominational quotas for Newfoundland religion classes.
• 1999 Amendment: creation of territory of Nunavut.
• 2001 Amendment: changed the name of "Province of Newfoundland" to "Province of Newfoundland and Labrador"

The Pentecostal movement within Protestant Christianity places special emphasis on the gifts of the Holy Spirit. ... Newfoundland (French: Terre-Neuve; Irish: Talamh an Éisc; Latin: Terra Nova) is a large island off the northeast coast of North America, and the most populous part of the Canadian province of Newfoundland and Labrador. ... Motto: Spem reduxit (Hope restored) Official languages English, French Capital Fredericton Largest city Saint John Lieutenant-Governor Herménégilde Chiasson Premier Bernard Lord (PC) Parliamentary representation  - House seat  - Senate seats 10 10 Area Total  â€¢ Land  â€¢ Water    (% of total)  Ranked 11th 72 908 km² 71 450 km² 1 458 km... Section Sixteen One of the Canadian Charter of Rights and Freedoms is the newest section of the Charter. ... The Confederation Bridge (, ; French: Pont de la Confédération) is a bridge spanning the Abegweit Passage of Northumberland Strait, linking Prince Edward Island with mainland New Brunswick, Canada. ... Motto: Parva Sub Ingenti (Latin: The small under the protection of the great) Official languages None Capital Charlottetown Largest city Charlottetown Lieutenant-Governor J. Léonce Bernard Premier Pat Binns (PC) Parliamentary representation  - House seat  - Senate seats 4 4 Area Total  â€¢ Land  â€¢ Water    (% of total)  Ranked 13th 5,660 km... Motto: Je me souviens (French: I remember) Official languages French Capital Quebec City Largest city Montreal Lieutenant-Governor Lise Thibault Premier Jean Charest (PLQ) Parliamentary representation  - House seat  - Senate seats 75 24 Area Total  â€¢ Land  â€¢ Water    (% of total)  Ranked 1st 1,542,056 km² 1,183,128 km² 176,928... Motto: Nunavut Sannginivut (Inuktitut: Nunavut our strength or Our land our strength) Official languages Inuktitut, Inuinnaqtun, English, French Capital Iqaluit Largest city Iqaluit Commissioner Ann Meekitjuk Hanson Premier Paul Okalik (independent) Parliamentary representation  - House seat  - Senate seats 1 Nancy Karetak-Lindell 1 Willie Adams Area Total  â€¢ Land  â€¢ Water    (% of total...

Failed attempts

See: Unsuccessful attempts to amend the Canadian Constitution Since the Constitution of Canada was patriated in 1982 there have been a number of failed attempts to amend the document under the new amending formula. ...