Amendments To The Constitution of Canada - Post-1982 Amendments To The Constitution

Post-1982 Amendments To The Constitution

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.

• Constitution Amendment, 1983: strengthened Aboriginal rights in the Constitution. This amendment was made using the Section 38 amending formula (the “7/50 formula”).
• Constitution Act, 1985 (Representation): modified the formula for apportioning seats in the House of Commons. This amendment was made using the Section 44 amending formula (House of Commons and Senate alone).
• Constitution Amendment, 1987 (Newfoundland Act): extended education rights to the Pentecostal Church in Newfoundland (repealed by a subsequent amendment in 1998). This amendment was made using the Section 43 amending formula (Parliament and the Newfoundland legislature).
• Constitution Amendment, 1993 (New Brunswick): added Section 16.1 to the Canadian Charter of Rights and Freedoms, which made the English and French linguistic communities in New Brunswick equal, with the right to distinct cultural and educational institutions. This amendment was made using the Section 43 amending formula (Parliament and the New Brunswick legislature).
• Constitution Amendment, 1993 (Prince Edward Island): allowed for a "fixed link" bridge to replace ferrying services to Prince Edward Island. This amendment was made using the Section 43 amending formula (Parliament and the Prince Edward Island legislature).
• Constitution Amendment, 1997 (Newfoundland Act): allowed the Province of Newfoundland to create a secular school system to replace the church-based education system. This amendment was made using the Section 43 amending formula (Parliament and the Newfoundland legislature). Use was also made, for the first time, of Section 47 of the Constitution Act, 1982, which permits the House of Commons to bypass the Senate by re-enacting a draft amendment which the Senate has not adopted.
• Constitution Amendment, 1997 (Quebec): permitted the Province of Quebec to replace the denominational school boards with ones organized on linguistic lines. This amendment was made using the Section 43 amending formula (Parliament and the Quebec legislature). However, the preamble to the resolution of the Quebec National Assembly adopting the amendment makes no reference to which amending formula is being used, and includes the following statement: “Whereas such amendment in no way constitutes recognition by the National Assembly of the Constitution Act, 1982, which was adopted without its consent.”
• Constitution Amendment, 1998 (Newfoundland Act): ended denominational quotas for Newfoundland religion classes. This amendment was made using the Section 43 amending formula (Parliament and the Newfoundland legislature).
• Constitution Act, 1999 (Nunavut): granted the Territory of Nunavut representation in the Senate of Canada. This amendment was made using the Section 44 amending formula (Parliament alone). The constitutional amendment was contained in sections 43 to 47 of a bill titled “Act to amend the Nunavut Act and the Constitution Act, 1867" At the time of the Act’s adoption, Leader of the Opposition Preston Manning argued that both this Act and the Nunavut Act of 1993 ought to have been adopted using a more inclusive amendment formula (probably the 7 / 50 formula), and that the failure to use the appropriate formula could result in future constitutional difficulties.
• Constitution Amendment, 2001 (Newfoundland and Labrador): changed the name of the "Province of Newfoundland" to the "Province of Newfoundland and Labrador". This amendment was made using the Section 43 amending formula (Parliament and the Newfoundland legislature).