Re Quebec Objection to a Resolution to Amend the Constitution
Canada Supreme Court
[1982] 2 S.C.R. 793 (1982)
- Written by Kelly Simon, JD
Facts
In Canada, Quebec exists uniquely as a province with a French-Canadian majority but within a country where French-Canadian citizens are a minority. In 1982, an amendment to the Canadian constitution, which would alter the legislative competence of all provinces, was drafted and forwarded to the provinces for ratification. The amendment was ratified by all Canadian provinces except Quebec. Quebec argued that it existed as a distinct society within Canada and retained the power to veto the amendment based on the principle of duality. The Quebec provincial government (plaintiff) referred the question of its authority to veto a constitutional amendment to the Quebec Court of Appeal. The Canadian federal government (defendant) argued that one province did not have the authority to veto a constitutional amendment. The court of appeal concluded that Quebec did not have the power to veto an amendment. The attorney general of Quebec appealed to the Canada Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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