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

Constitution of Canada The Constitution of Canada (french: Constitution du 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 a ...

developed by federal justice minister E. Davie Fulton and

Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...

Liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...

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 under the Statute of Westminster 1931, with Canada's agreement at the time, the British parl ...

of the Constitution.

Amending formula

Under the formula, all

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

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 a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty ...

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 opposite d ...

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 province in western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on the south by the U.S. states of Montana and North Dak ...

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 provincial governments. All eleven ...

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

Jean Lesage Jean Lesage (; 10 June 1912 – 12 December 1980) was a Canadian lawyer and politician from Quebec. He served as the 19th premier of Quebec from 22 June 1960 to 16 June 1966. Alongside Georges-Émile Lapalme, René Lévesque and others, he is ...

, 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 dangerous, physically impossible or difficult, or prohibitively expensive. The point of no return can be a ...

", at which point Canada would no longer be a viable entity. In turn, Lesage argued he was merely pushing for Quebec and

French Canada French Canadians (referred to as Canadiens mainly before the twentieth century; french: Canadiens français, ; feminine form: , ), or Franco-Canadians (french: Franco-Canadiens), refers to either an ethnic group who trace their ancestry to Fre ...

to fully develop their rightful roles within Canada. New Democratic Party leader

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

also expressed concern that, while the patriation of the Constitution would be beneficial, the new Constitution would "entrench"

property and civil rights Section 92(13) of the ''Constitution Act, 1867'', also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on: It is one of three key residuary powers in the ''Constitution Act, 18 ...

. 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'' (french: link=no, Loi constitutionnelle de 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 t ...

and the

of the Canadian Constitution.

References

{{DEFAULTSORT:Fulton-Favreau formula Constitution of Canada History of Canada (1960–1981)