Hearing: 28, 29, 30 April and 1 and 4 May 1981 Judgment: 28 September 1981
Full case name
Re Resolution to amend the Constitution
Citations
[1981] 1 SCR 753
Prior history
On appeal from decisions of the Quebec Court of Appeal, the Manitoba Court of Appeal, and the Newfoundland Court of Appeal
Holding
Issue 1: A majority of the court (7–2) held that as a matter of constitutional law, the federal Parliament could unilaterally request that the British Parliament amend the Canadian Constitution, without consent from the provinces. Issue 2: A majority of the court (6–3) held that as a matter of constitutional convention, a substantial degree of provincial consent was required for the amendment of the Canadian Constitution.
Court membership
Chief Justice
Bora Laskin
Puisne Justices
Ronald Martland, Roland Ritchie, Brian Dickson, Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer.
Reasons given
Majority
Constitutional law issue: Laskin C.J., Dickson, Beetz, Estey, McIntyre, Chouinard and Lamer JJ.
Constitutional law issue: Martland and Ritchie JJ.
Dissent
Constitutional convention issue: Laskin C.J., Estey and McIntyre JJ.
Reference Re Resolution to amend the Constitution[1] – also known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution of Canada.
The court affirmed the existence of an unwritten dimension to the constitution and the majority held that by constitutional convention, amendments to the constitution require a substantial degree of provincial consent. However, a differently-constituted majority of the court held that there was no legal barrier to the federal government seeking a constitutional amendment without any provincial consent.
^Reference Re Resolution to amend the Constitution, [1981] 1 S.C.R. 753
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