May. 22, 2021

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.