The Fulton–Favreau formula was a proposed formula of amendment of the

Constitution of Canada The Constitution of Canada () is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various ...

developed by federal justice minister E. Davie Fulton and

Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...

Liberal Guy Favreau in the 1960s. The Fulton–Favreau formula would have achieved the

patriation Patriation is the political process that led to full Canadian sovereignty, culminating with the '' Constitution Act, 1982''. The process was necessary because, at the time, under the '' Statute of Westminster, 1931'', and with Canada's agreemen ...

of the Constitution.

Amending formula

Under the formula, all

provinces A province is an administrative division within a country or state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire's territorial possessions outside Italy. The term ''provi ...

would have to approve amendments that would be relevant to provincial jurisdiction including the use of the French and English languages, but only the relevant provinces would be needed to approve amendments concerned with a particular region of Canada. Two-thirds of the provinces representing half of the population, as well as the federal Parliament, would be needed for amendments regarding

education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...

Debate

During the negotiations, a number of

controversies Controversy (, ) is a state of prolonged public dispute or debate, usually concerning a matter of conflicting opinion or point of view. The word was coined from the Latin '' controversia'', as a composite of ''controversus'' – "turned in an opp ...

arose over the Fulton–Favreau accord, including that the unanimity constituted a "strait jacket" that would make the Constitution too difficult to amend. The premier of

Saskatchewan Saskatchewan is a Provinces and territories of Canada, province in Western Canada. It is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and to the south by the ...

also argued that the debates over

Canadian federalism Canadian federalism () involves the current nature and historical development of the federal system in Canada. Canada is a federation with eleven components: the national Government of Canada and ten Provinces and territories of Canada, p ...

, particularly the increasing decentralization being pushed for by regional leaders such as Quebec Premier

Jean Lesage Jean Lesage (; June 10, 1912 – December 12, 1980) was a Canadian lawyer and politician. He served as the 19th premier of Quebec from July 5, 1960, to June 16, 1966. Alongside Georges-Émile Lapalme, René Lévesque and others, he is often v ...

, threatened to render the federal government powerless, to the "

point of no return The point of no return (PNR or PONR) is the point beyond which one must continue on one's current course of action because turning back is no longer possible, being too dangerous, physically difficult, or prohibitively expensive to be undertaken. ...

", at which point Canada would no longer be a viable entity. In turn, Lesage argued he was merely pushing for Quebec and French Canada to fully develop their rightful roles within Canada.

New Democratic Party The New Democratic Party (NDP; , ) is a federal political party in Canada. Widely described as social democratic,The party is widely described as social democratic: * * * * * * * * * * * * * The Editors of ''Encyclopædia Britann ...

leader

Tommy Douglas Thomas Clement Douglas (20 October 1904 – 24 February 1986) was a Scottish-born Canadian politician who served as the seventh premier of Saskatchewan from 1944 to 1961 and leader of the New Democratic Party from 1961 to 1971. A Bap ...

also expressed concern that, while the patriation of the Constitution would be beneficial, the new Constitution would "entrench" property and civil rights. This would make the jurisdictional issue amendable only by unanimity, which would potentially threaten growth of labour legislation, medicare and other social services.

Legacy

Though the formula officially died in 1965 when Quebec Premier Lesage withdrew his support, a modified version of this formula was finally adopted in 1982, with the enactment of the

Constitution Act, 1982 The ''Constitution Act, 1982'' () is a part of the Constitution of Canada.Formally enacted as Schedule B of the '' Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of the ''Constitution Act, 1982'' states that t ...

and the

of the Canadian Constitution.

References

{{DEFAULTSORT:Fulton-Favreau formula constitution of Canada history of Canada (1960–1981)