''Quebec Veto Reference'' (officially, ''Reference: Objection by Quebec to a Resolution to amend the Constitution'')
9822 S.C.R. 793 is a
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
opinion on whether there is a
constitutional convention Constitutional convention may refer to:
* Constitutional convention (political custom), an informal and uncodified procedural agreement
*Constitutional convention (political meeting), a meeting of delegates to adopt a new constitution or revise an e ...
giving the province of
Quebec a
veto over
amendments to the Constitution of Canada. The issue arose during
patriation debates, after the Supreme Court ruled in the
Patriation Reference that there is a constitutional convention requiring "a substantial degree of provincial consent" for amendments to the
Constitution of Canada.
In November 1981, the Government of Quebec ordered that a
reference be taken in the Quebec Court of Appeal, asking whether the consent of the Province of Quebec is required, by constitutional convention, for constitutional amendments affecting the legislative competence of the Quebec legislature, or the status or role of Quebec's government or legislature.
On April 7, 1982, the Quebec Court of Appeal answered in the negative. By that time, the
Canada Act 1982 had already been passed by the UK Parliament, though not proclaimed in force. On April 13 the
Attorney General of Quebec
The following is a list of the people who have served as head of the Ministry of Justice of Quebec, or as Attorneys-General of Quebec, Canada East and Lower Canada. Prior to 1965, the name of the position was "Attorney General for Quebec". In 196 ...
appealed to the Supreme Court of Canada, but on April 17 the Canada Act 1982 was proclaimed in force by
the Queen.
In June 1982 the Supreme Court heard the appeal. On December 6 the court rendered judgement, upholding the opinion of the
Quebec Court of Appeal that Quebec did not have a veto by constitutional convention.
General references
*
External links
Library of Parliament research report
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Supreme Court of Canada cases
Canadian constitutional case law
Supreme Court of Canada case articles without infoboxes
1982 in Canadian case law
Supreme Court of Canada reference question cases