Documents in Quebec History

Last revised:
23 August 2000

Quebec and the Patriation of the Constitution 1981-1982

Quebec’s Order in Council of November 1981 to veto the new Constitution.

NUMBER 3215-81 (November 25, 1981)

CONCERNING a reference to the Court of Appeal
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WHEREAS the Minister of Justice of Canada, on behalf of the Government of Canada, has laid before the Senate and the House of Commons of Canada a Proposed Resolution regarding the Constitution of Canada;

WHEREAS this Proposed Resolution requests the introduction in the Parliament of the United Kingdom of a bill entitled the Canada Act which, if adopted by the Parliament of the United Kingdom, will most notably have the effect of enact-ing for Canada the Constitution Act, 1981;

WHEREAS the proposed legislation has the effect of making significant changes in the status and role of Quebec within the Canadian federal system;

WHEREAS Quebec forms a distinct society within the Canadian federation;

WHEREAS the Supreme Court of Canada stated on September 28, 1981 that the consent of the provinces is constitutionally necessary for the adoption of this proposal;

WHEREAS Quebec has not agreed and has objected to the proposed changes;

WHEREAS no change of a similar significance to that proposed in this Proposed Resolution has to date been made without the consent and over the objection of Quebec;

WHEREAS it is expedient to submit to the Court of Appeal for hearing and consideration, pursuant to the Court of Appeal Reference Act, the question here-in below set out;

ACCORDINGLY it is ordered, upon the proposal of the Minister of Justice that the following question be submitted to the Court of Appeal for hearing and con-sideration:

Is the consent of the Province of Quebec constitutionally required, by conven-tion, for the adoption by the Senate and the House of Commons of Canada of a resolution the purpose of which is to cause the Canadian Constitution to be amended in such a manner as to affect:

i) the legislative competence of the Legislature of the Province of Quebec in virtue of the Canadian Constitution;
ii) the status or role of the Legislature or Government of the Province of Quebec within the Canadian federation;
and, does the objection of the Province of Quebec render the adoption of such resolution unconstitutional in the conventional sense?

[Signed Louis Bernard]
Louis Bernard
Clerk of the Executive Council

Source: James Ross HURLEY, Amending Canada’s Constitution, Ottawa, Supply and Services, 1996, 297p.