Unsuccessful attempts to amend the Canadian Constitution
Encyclopedia
Since the Constitution of Canada
was patriated
, in 1982, only ten minor Amendments to the Constitution of Canada
have been passed. There have, however, been a number of unsuccessful attempts to amend the Constitution under the new amending formula.
expressed support for entrenching property rights in the Constitution, but only if debate were limited to a single day. The debate became engulfed in partisan tactics and eleven days later the Progressive Conservative Opposition introduced a motion of non-confidence in the Canadian House of Commons
that sought to entrench the right to the "enjoyment of property" in the Constitution. Trudeau's government was not prepared to support its own defeat by backing such a motion. In any case, its passing would dissolve the House and prevent the Senate from considering the proposed amendment. On May 2, 1983, the motion was defeated, with 88 votes in favour and 126 opposed.
as Prime Minister, the Canadian Senate
came under increased scrutiny. Under the Constitution of Canada
, senators are appointed by the Governor General on the advice of the Prime Minister, and during his time in office Mulroney's predecessor, Pierre Trudeau, had arranged the appointment of a large number of Senators, giving the Liberals
a majority in the upper house. There was a fear that the Senate would block Mulroney's legislation, so an attempt to amend the Constitution was made to limit the powers of the Senate. Under the proposed amendment the Senate would have a suspensive veto of 30 days on money bills and 45 days on all other bills. The proposed amendment secured the support of the majority of the provincial governments, though it was opposed by Quebec and Manitoba. The amendment was introduced into the House of Commons on June 7, 1985, but 19 days later the government of Ontario changed hands, and the new Liberal Premier refused to support the amendment. Without Ontario's support the amendment could not meet the requirement for support from provinces containing more than 50 percent of the population, so the amendment died.
, was introduced by the Progressive Conservative Party in the House of Commons on November 21, 1986. On June 2, 1987, the motion failed. Several Progressive Conservatives broke ranks to vote against the amendment.
MP, Svend Robinson
, proposed in the House of Commons that the reference to God be struck from the preamble to the Canadian Charter of Rights and Freedoms
, citing concerns about Canada's diversity and those Canadians who did not believe in God. Robinson was supported by a thousand constituents who had signed a petition, but the proposal was controversial and the party responded by undermining Robinson's responsibilities and his position in the caucus. The proposal went no further.
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
was patriated
Patriation
Patriation is a non-legal term used in Canada to describe a process of constitutional change also known as "homecoming" of the constitution. Up until 1982, Canada was governed by a constitution that was a British law and could be changed only by an Act of the British Parliament...
, in 1982, only ten minor Amendments to the Constitution of Canada
Amendments to the Constitution of Canada
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.- History :...
have been passed. There have, however, been a number of unsuccessful attempts to amend the Constitution under the new amending formula.
Property Rights Amendment, 1983
On April 18, 1983, Prime Minister Pierre TrudeauPierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
expressed support for entrenching property rights in the Constitution, but only if debate were limited to a single day. The debate became engulfed in partisan tactics and eleven days later the Progressive Conservative Opposition introduced a motion of non-confidence in the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
that sought to entrench the right to the "enjoyment of property" in the Constitution. Trudeau's government was not prepared to support its own defeat by backing such a motion. In any case, its passing would dissolve the House and prevent the Senate from considering the proposed amendment. On May 2, 1983, the motion was defeated, with 88 votes in favour and 126 opposed.
Powers of the Senate Amendment, 1984
In 1984, following the election of a Progressive Conservative majority in the House of Commons and the appointment of Brian MulroneyBrian Mulroney
Martin Brian Mulroney, was the 18th Prime Minister of Canada from September 17, 1984, to June 25, 1993 and was leader of the Progressive Conservative Party of Canada from 1983 to 1993. His tenure as Prime Minister was marked by the introduction of major economic reforms, such as the Canada-U.S...
as Prime Minister, the Canadian Senate
Canadian Senate
The Senate of Canada is a component of the Parliament of Canada, along with the House of Commons, and the monarch . The Senate consists of 105 members appointed by the governor general on the advice of the prime minister...
came under increased scrutiny. Under the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
, senators are appointed by the Governor General on the advice of the Prime Minister, and during his time in office Mulroney's predecessor, Pierre Trudeau, had arranged the appointment of a large number of Senators, giving the Liberals
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
a majority in the upper house. There was a fear that the Senate would block Mulroney's legislation, so an attempt to amend the Constitution was made to limit the powers of the Senate. Under the proposed amendment the Senate would have a suspensive veto of 30 days on money bills and 45 days on all other bills. The proposed amendment secured the support of the majority of the provincial governments, though it was opposed by Quebec and Manitoba. The amendment was introduced into the House of Commons on June 7, 1985, but 19 days later the government of Ontario changed hands, and the new Liberal Premier refused to support the amendment. Without Ontario's support the amendment could not meet the requirement for support from provinces containing more than 50 percent of the population, so the amendment died.
Rights of the Unborn Amendment, 1986-1987
A motion calling for an amendment that would enshrine rights for unborn children in the Charter of Rights and Freedoms, and thus limited the legality of abortionAbortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, was introduced by the Progressive Conservative Party in the House of Commons on November 21, 1986. On June 2, 1987, the motion failed. Several Progressive Conservatives broke ranks to vote against the amendment.
Meech Lake Accord, 1987-1990
The Meech Lake Accord was a complex package of proposed amendments designed to address a number of concerns about the Canadian Constitution. Among other things, it proposed granting Quebec "distinct status" within the Canadian federation, and changing the amending formula of the Constitution by requiring unanimous consent of all the provinces for a greater number of amendments. The accord ultimately failed when the Manitoba legislature and the government of Newfoundland refused to assent to it.Charlottetown Accord, 1990-1992
Like the Meech Lake Accord, the Charlottetown Accord was a package of proposed amendments designed to address a number of concerns about the Constitution, many of which were similar to those included in Meech Lake. It was decided that a national referendum would be held on the Charlottetown Accord, but the referendum failed in a number of provinces and did not come close to achieving the unanimous assent necessary.Preamble to the Charter, 1999
In 1999, a New Democratic PartyNew Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
MP, Svend Robinson
Svend Robinson
Svend Robinson is a former Canadian politician. He was a Member of Parliament in the Canadian House of Commons from 1979 to 2004, representing the suburban Vancouver-area constituency of Burnaby for the New Democratic Party...
, proposed in the House of Commons that the reference to God be struck from the preamble to the Canadian Charter of Rights and Freedoms
Preamble to the Canadian Charter of Rights and Freedoms
The preamble to the Canadian Charter of Rights and Freedoms is the introductory sentence to the Constitution of Canada's Charter of Rights and Constitution Act, 1982...
, citing concerns about Canada's diversity and those Canadians who did not believe in God. Robinson was supported by a thousand constituents who had signed a petition, but the proposal was controversial and the party responded by undermining Robinson's responsibilities and his position in the caucus. The proposal went no further.