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Topic: Patriation Reference

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	[No title] (Site not responding. Last check: 2007-09-11)
		In the Provincial Judges Reference, supra, at paras. 93 and 104, we cautioned that the recognition of these constitutional principles (the majority opinion referred to them as "organizing principles" and described one of them, judicial independence, as an "unwritten norm") could not be taken as an invitation to dispense with the written text of the Constitution.
		In the Provincial Judges Reference, at para. 104, we determined that the preamble "invites the courts to turn those principles into the premises of a constitutional argument that culminates in the filling of gaps in the express terms of the constitutional text".
		In the Patriation Reference, a distinction was drawn between the law of the Constitution, which, generally speaking, will be enforced by the courts, and other constitutional rules, such as the conventions of the Constitution, which carry only political sanctions.
	www.lexum.umontreal.ca /csc-scc/en/pub/1998/vol2/texte/1998scr2_0217.txt (19933 words)

	CANADA, QUEBEC, AND CONSTITUTIONAL AMENDMENT (Site not responding. Last check: 2007-09-11)
		In the Patriation Reference the Supreme Court of Canada was asked whether the federal authorities could unilaterally accomplish an amendment to the constitution of Canada affecting the powers, rights or privileges of the provinces without the consent of those provinces.
		As we have seen, in the Patriation and Quebec Veto References, the Supreme Court of Canada had taken the attitude of a subordinate British court in the face of legislation emanating from the superior and sovereign Parliament at Westminster.
		Third, patriation is accomplished by the granting to Canadian authorities the power to amend the Constitution of Canada, that is, by enacting Part V of the Constitution Act, 1982.
	www.utpjournals.com /product/utlj/494/494_oliver.html (16324 words)

	uni.ca - Reference re: Amendment of Canadian Constitution (Site not responding. Last check: 2007-09-11)
		This Reference results from the objection by Quebec to a Resolution regarding a proposed patriation and amendment of the Constitution of Canada, adopted by the Parliament of Canada in December 1981.
		In the First Reference, there was no substantial disagreement between the majority opinion on convention, (hereinafter referred to as the majority opinion), and the dissenting opinion on convention, (hereinafter referred to as the dissenting opinion), with respect to the nature of constitutional conventions and the requirements for establishing a convention.
		Under An Act respecting a reference to the Court of Appeal, supra, this opinion is deemed to be a judgment of the Court of Appeal which may be appealed to this Court as a judgment in an action.
	www.uni.ca /patriation.html (6695 words)

	Reference re Secession of Quebec (Site not responding. Last check: 2007-09-11)
		Referred to: Reference re Manitoba Language Rights, [1985] 1 S.C.R. Re References by Governor-General in Council (1910), 43 S.C.R. 536, aff'd [1912] A.C. Quebec North Shore Paper Co. v.
		26 Though a reference differs from the Court's usual adjudicative function, the Court should not, even in the context of a reference, entertain questions that would be inappropriate to answer.
		However, we also observed in the Provincial Judges Reference that the effect of the preamble to the Constitution Act, 1867 was to incorporate certain constitutional principles by reference, a point made earlier in Fraser v.
	www.lexum.umontreal.ca /csc-scc/en/pub/1998/vol2/html/1998scr2_0217.html (17660 words)

	Canada - Encyclopedia.WorldSearch (Site not responding. Last check: 2007-09-11)
		The term "Confederation" refers to this 1867 act of union.
		The patriation of the constitution, with procedures for amending it, was agreed to one night in November 1981.
		Quebec nationalists refer to that night as The Night of the Long Knives - because it occurred without the consent of the province of Quebec.
	encyclopedia.worldsearch.com /canada.htm (4059 words)

	Reference re Secession of Quebec, 1998 CanLII 793 (S.C.C.)
		Reference re Secession of Quebec, 1998 CanLII 793 (S.C.C.)
		Citation: Reference re Secession of Quebec, [1998] 2 S.C.R. 217, 1998 CanLII 793 (S.C.C.)
		Referred to: Reference re Manitoba Language Rights, 1985 CanLII 33 (S.C.C.), [1985] 1 S.C.R. Re References by Governor-General in Council (1910), 43 S.C.R. 536, aff'd [1912] A.C. Quebec North Shore Paper Co. v.
	www.canlii.org /ca/cas/scc/1998/1998scc63.html (16935 words)

	Constitutional Keywords – Patriation (Site not responding. Last check: 2007-09-11)
		’Patriation’ is a peculiarly Canadian term referring to the process by which the Canadian Constitution was brought fully and formally within the control of Canadian political actors.
		The patriation debate was then bound up with the search for an amending formula that engaged Canadian politicians off and on from 1927 to 1982.
		The federal government that same year, in another example of partial patriation, unilaterally ended the opportunity of appeal of Supreme Court of Canada judgements to the Judicial Committee of the Privy Council (see An Act to Amend the Supreme Court Act, S.C. 1949 (2nd sess.), c.
	www.law.ualberta.ca /ccskeywords/patriation.html (441 words)

	Canada
		This was to recognize Canadian autonomy from the UK, though some critics insisted that the country's proper name should continue to be "Dominion of Canada." The last major change was renaming the national holiday from Dominion Day to Canada Day in 1982.
		The term Confederation refers to this act of union and is often used for the resulting federation.
		In the second half of the 20th century, some citizens of the mainly French-speaking province of Quebec sought independence in two referendums held in 1980 and 1995.
	www.sciencedaily.com /encyclopedia/canada (2877 words)

	Reference Decision (Site not responding. Last check: 2007-09-11)
		It is pertinent, in the context of the present Reference, to mention the words of George-Etienne Cartier (cited in J. Bonenfant, "Les Canadiens français et la naissance de la Confédération", [1952] C.H.A.R. 39, at p.
		The notion that what is not explicitly prohibited is implicitly permitted has little relevance where (as here) international law refers the legality of secession to the domestic law of the seceding state and the law of that state holds unilateral secession to be unconstitutional.
		In that Reference, it will be recalled, this Court declined to strike down all of Manitoba's legislation for its failure to comply with constitutional dictates, out of concern that this would leave the province in a state of chaos.
	www.demopunk.net /sp/sp/direct/autod/tscanada.html (18804 words)

	Response of Pierre.-E. Trudeau to the letter of Lévesque, December 1, 1981 - Quebec History
		This is in reply to your letter of November 25, 1981, transmitting the order of the executive council of the Quebec government which expressed the formal opposition of that government to the constitutional resolution now before the House of Commons, and which I acknowledged receiving on November 27.
		Indeed, in reaching the conclusion that the existing conventional rule was one of "a substantial measure of provincial consent," the Court was expressly reject-ing the argument of the unanimity principle advanced by all provinces except New Brunswick, Ontario and Saskatchewan.
		In doing so, the Court spoke in terms of a particular number of provinces whose consent was required without any reference to a need to consider other factors such as the size or character of the provinces in question.
	www2.marianopolis.edu /quebechistory/docs/patriate/3.htm (1400 words)

	Reference to the Supreme Court of Canada (Site not responding. Last check: 2007-09-11)
		A reference is a procedure by which the Government of Canada refers important legal or factual questions to the Supreme Court of Canada and asks the Court to give the Government its opinion.
		The Supreme Court has also heard many important references that provincial governments have made to their courts of appeal (and which were subsequently appealed to the Supreme Court).
		The Court can decide to cover such matters as who should be notified of the reference, who is to manage the reference process, what material should be placed before the Court to form the factual underpinning to the reference, and deadlines for interested parties to apply to intervene.
	canada.justice.gc.ca /en/news/nr/2003/doc_30946.html (990 words)

	uni.ca - AG Canada's Factum
		Reference Re Resolution to Amend the Constitution, [1981] 1 S.C.R. 753 at 805-06 [hereinafter Patriation Reference].
		While Patriation altered the method by which constitutional amendments may be achieved, it did not affect the fundamental capacity of the Constitution of Canada to accommodate change.
		Reference Re Objection to a Resolution to Amend the Constitution, [1982] 2 S.C.R. 793 at 806 [hereinafter Quebec Veto Reference].
	www.uni.ca /question1.html (4895 words)

	Constitutional Law
		Nowadays it is very unlikely that a governor general or a lieutenant-governor would refuse to give royal assent to a bill duly passed by Parliament or a legislature.
		Although possible legally, it would constitute in practice a negation of the principle of RESPONSIBLE GOVERNMENT and, as stated by the Supreme Court in the patriation case, it would be contrary to a convention of the Constitution.
		The Imperial Conference of 1930 ended the governor general's power to reserve a federal bill that had been adopted by Parliament; it also ended the imperial power of DISALLOWANCE in relation to federal bills.
	www.thecanadianencyclopedia.com /PrinterFriendly.cfm?Params=A1ARTA0001874 (2905 words)

	Welcome (Site not responding. Last check: 2007-09-11)
		We are concerned with questions of law which, we repeat, must be determined by reference to the enactments of the British North America Acts of 1867 to 1930...
		Trudeau, the prime minister at the time of that reference, said that such a political role is not a proper role for a court.
		Further, the Supreme Court of Canada in its 1981 patriation reference, as condemned by Mr.
	www.sen.parl.gc.ca /acools/english/Speeches/2000/speeches_May16_2.htm (5503 words)

	BARRETT'S PRIVATEERS - Stan Rogers (Site not responding. Last check: 2007-09-11)
		The patriation of the captives is connected with the formation of the republic of Liberia.
		Stan is referring to the generally poor condition of the Antelope when he says "loose in stays".
		If you see references to a "hogged" vessel, you know that it, for reasons of age, poor construction, etc., is being distorted from its original lines, possibly by rigging stress.
	stanrogers.net /songs/bp-sng.html (8395 words)

	Constitutional Keywords – Veto (Site not responding. Last check: 2007-09-11)
		Disputes over the existence and use of vetoes have played an important part in Canada's constitutional development.
		During the Patriation Round, Quebec asserted the existence of a convention requiring unanimous provincial consent to constitutional amendments that would alter the division of powers between the provinces and federal government; if this convention existed, it would have given each province a ‘veto’.
		The existence of this convention was twice considered by the Supreme Court of Canada.
	www.law.ualberta.ca /ccskeywords/veto.html (257 words)

	Political Studies 310: Course Outline (Sessions 13 - 24) (Site not responding. Last check: 2007-09-11)
		"Constitutional Theory and the Quebec Secession Reference," Canadian Journal of Law and Jurisprudence 13(2) July 2000: 143-169.
		Reference to the Supreme Court of Canada on Quebec Secession
		Reference by the Governor in Council concerning certain questions relating to the secession of Quebec from Canada
	www.queensu.ca /politics/pols310/outline2.html (346 words)

	anthropology.htm
		Check these links for specialized encyclopedias, dictionaries, and atlases which are located in the Reference Department.
		American Humanities Index Bibliographic references to literary, scholarly and creative journals published in the United States and Canada.
		With archival material dating back to 1970, GenderWatch is a repository of an important historical perspective on the evolution of both the women's movement and major changes in gender roles.
	www.pcc.edu /library/classes/anthropology.htm (587 words)

	[No title] (Site not responding. Last check: 2007-09-11)
		Question 3: In the event of a conflict between domestic and international law on the right of the National Assembly, legislature or government of Quebec to effect the secession of Quebec from Canada unilaterally, which would take precedence in Canada?
		United States, 219 U.S. Reference re Powers to Levy Rates on Foreign Legations and High Commissioners' Residences, [1943] S.C.R. Reference re Ownership of Offshore Mineral Rights of British Columbia, [1967] S.C.R. Reference re
		Continental Shelf, [1984] 1 S.C.R. Reference re Canada Assistance Plan (B.C.), [1991] 2 S.C.R. McEvoy v.
	www.indigenousbar.ca /cases/quecess.htm (17433 words)

	UBC Faculty of Law - SYMPOSIUM HONOURING THE LATE MR. JUSTICE KENNETH LYSYK
		Ken Lysyk made many important contributions as a lawyer, and especially as counsel for his native province of Saskatchewan, which he served as Deputy Attorney-General from 1972-1976.
		None was more significant, however, than the contribution he made as counsel for Saskatchewan in the Patriation Reference, [1981] 1 S.C.R. 783, and part of the afternoon of November 5 will be taken up with a retrospective on the Patriation Reference.
		As a member of the British Columbia Supreme Court from 1983 until his untimely death in 2003, Mr.
	www.law.ubc.ca /events/2004/nov/11_05_2004_symposium.html (626 words)

	Table of contents for The constitution of independence
		Canada I: Confederation and the Imperial Theory 111 Confederation and the absence of a general procedure for constitutional amendment 111 The 'Imperial' and 'Independence' theories 115 The Imperial theory takes hold 120 The Imperial theory after the Statute of Westminster 124 The Imperial theory and the ongoing search for a Canadian amending formula 129 6.
		Canada II: An Independent Constitutional Theory 135 The 'Independence' theory 135 The Independence theory from Confederation to the Statute of Westminster 138 The Independence theory after the Statute of Westminster 143 The Independence theory developed 147 The Independence theory prior to patriation 152 Popular sovereignty considered 155 7.
		Canada III: The Patriation Reference 160 The Judicial Committee of the Privy Council and the Supreme Court of Canada 160 Challenge to the patriation process in the courts 162 The Imperial theory in the Patriation Reference 165 The Independence theory in the Patriation Reference 176 The aftermath of the Patriation Reference 179 8.
	www.loc.gov /catdir/toc/ecip055/2004029483.html (739 words)

	Poli 343: Study Module 2 (Site not responding. Last check: 2007-09-11)
		What is the evidence that the justices' political affiliations and/or sympathies influenced how they voted in the Patriation reference?
		Why, according to Mandel, did Trudeau not criticize the Supreme Court more harshly for its decision in the Patriation Reference?
		Why was the B.C. Motor Vehicle Reference an important part of the Shumiatcher/Borowski legal strategy?
	www.ucalgary.ca /~morton/POLI343/sm2.html (289 words)

	Law, Politics and the Judicial Process in Canada
		2.4 Reference re the Secession of Quebec 56
		5.6 Reference re Remuneration of Judges of the Provincial Court (P.E.I.) 212
		10.7 Reference re the Secession of Quebec * 477
	www.ucalgary.ca /UofC/departments/UP/1-55238/1-55238-046-7.html (949 words)

	Ye Zee Books : Volume 247
		Encyclopedia of Library History (Garland Reference Library of Social Science), Library Binding, Garland Publishing
		The Canadian Constitution : The Players in the Process that has led from Patriation to Meech Lake to an Uncertain Future (Canadian Issue Series), Paperback, Lorimer
		New York Public Library Desk Reference to the Performing Arts, Paperback, Macmillan General Reference
	www.yezee.com /an/247.html (2040 words)

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