Fulton–Favreau formula

The Fulton–Favreau formula was a proposed formula of amendment of the Constitution of Canada developed by federal justice minister E. Davie Fulton and Quebec Liberal Guy Favreau in the 1960s. The Fulton–Favreau formula would have achieved the patriation of the Constitution.

Amending formula 1
Debate 2
Legacy 3
References 4

Amending formula

Under the formula, all provinces 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.

Debate

During the negotiations, a number of controversies arose over the Fulton–Favreau accord, including that the unanimity constituted a "strait jacket" that would make the Constitution too difficult to amend.^[1] The premier of Saskatchewan also argued that the debates over Canadian federalism, particularly the increasing decentralization being pushed for by regional leaders such as Quebec Premier Jean Lesage, threatened to render the federal government powerless, to the "point of no return," 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.^[1]

New Democratic Party leader Tommy Douglas 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.^[1]

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 and the patriation of the Canadian Constitution.

References

^ ^a ^b ^c CBC.ca, "Fighting for the Fulton–Favreau formula," September 6, 1964, URL accessed 18 December 2006.

Constitution of Canada

List of Constitutional Documents

Pre-Confederation constitutional documents

Iroquois constitution Mi'kmaq constitution Constitution of New France Royal Proclamation of 1763 Quebec Act of 1774 Constitutional Act of 1791 Declaration of Independence of Lower Canada (1838) Report on the Affairs of British North America (1839) Act of Union 1840

Confederation

Constitution Act, 1867

Powers under Section 91	Peace, order, and good government Trade and commerce Criminal law Matters excepted from s. 92

Powers under Section 92	Licensing Works and undertakings Property and civil rights Administration of justice Fines and penalties for provincial laws Matters of a local or private nature

Amendments and other constitutional documents 1867–1982

British North America Acts, 1867–1982 Manitoba Act, 1870 Alberta Act, 1905 Saskatchewan Act, 1905 Statute of Westminster, 1931 Newfoundland Act, 1949

Patriation

Fulton–Favreau formula
Victoria Charter

Constitution Act, 1982

Part I – Canadian Charter of Rights and Freedoms	Preamble 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Part II – Rights of the Aboriginal peoples of Canada	35

Part III – Equalization and regional disparities	36

Part VII – General	52 59

Conventions

At Her Majesty's pleasure Cabinet collective responsibility Disallowance and reservation Equal authenticity rule Responsible government Fusion of powers Queen-in-Parliament Individual ministerial responsibility Interpellation Question period Parliamentary privilege Parliamentary sovereignty Reserve power Royal prerogative

Constitutional debate since 1982

Triple-E Senate Meech Lake Accord Charlottetown Accord Calgary Declaration Other unsuccessful amendments

Interpretation of the Constitution

Aboriginal self-government Pith and substance Double aspect Paramountcy Living tree Implied Bill of Rights Interjurisdictional immunity Purposive theory Dialogue principle

Provincial constitutional law

Constitution of Alberta Constitution of Quebec Constitution Act (British Columbia)

Category

Categories

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Fulton–Favreau formula