The Issue of Unilateral Patriation Argumentative Essay by Top Papers

The Issue of Unilateral Patriation
An argument against the Canadian federal government's unilateral patriation of the Constitution.
# 138972 | 1,750 words | 3 sources | MLA | 2008 | US
Published on Dec 01, 2008 in Canadian Studies (Government and Government Policy)


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Description:

The paper asserts that perhaps the most contentious constitutional debate in Canadian history was initiated in 1980 when the federal government proposed that an address be presented to the sovereign of Canada, Elizabeth II, requesting the patriation of the British North America Act to Canada, with the creation of an amending formula, along with the institution of a Charter of Rights and Freedoms. The paper discusses how while the Trudeau government intended this address be unilateral on the part of the federal government, many Canadian provincial governments protested, arguing that at this address would inevitably impact the respective constitutional powers of the federal and provincial governments. The paper relates that while two provinces - Ontario and New Brunswick - supported the federal government in this initiative, eight disagreed and launched a series of legal challenges with respect to three main areas: constitutional amendments; convention; and law (Bushnell 430). This paper explores the actions of the federal government to unilaterally patriate the Canadian constitution with regard to these three areas. The paper argues that the federal government's unilateral patriation of the Constitution cannot be substantiated with reference to jurisprudence in these three main areas.

From the Paper:

"Perhaps the most contentious constitutional debate in Canadian history was initiated in 1980 when the federal government proposed that an address be presented to the sovereign of Canada, Elizabeth II, requesting the patriation of the British North America Act to Canada, with the creation of an amending formula, along with the institution of a Charter of Rights and Freedoms. While the Trudeau government intended this address be..."

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APA Format

The Issue of Unilateral Patriation (2008, December 01) Retrieved May 23, 2022, from https://www.academon.com/argumentative-essay/the-issue-of-unilateral-patriation-138972/

MLA Format

"The Issue of Unilateral Patriation" 01 December 2008. Web. 23 May. 2022. <https://www.academon.com/argumentative-essay/the-issue-of-unilateral-patriation-138972/>

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