Quote:
Originally Posted by acottawa
That's the formula for a regular constitutional change. Changes involving the list pasted below require all 10 provinces. The constitution cannot be changed through referendum. Governments can organize non-binding plebiscites (as they did in 1992) but the actual amendments have to go through the same process.
(a) the office of the Queen, the Governor General and the Lieutenant Governor of a province;
(b) the right of a province to a number of members in the House of Commons not less than the number of Senators by which the province is entitled to be represented at the time the Constitution Act, 1982 came into force;
(c) subject to section 43, the use of the English or the French language;
(d) the composition of the Supreme Court of Canada; and
(e) changing the amendment procedure itself.
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Correct. And the chances of this happening is zero to none.
Not only have we never been able to achieve a constitutional amending under that unanimity procedure, we've never succeeded at *any* major reform requiring even the lesser '7/50' rule of the general procedure.
The key stumbling block is our inability to engage in discussions of constitutional reform on single issues. Any discussion about constitutional reform will inevitably expand onto other issues that aren't related to the original issue being discussed at hand.
Want to become a republic? Suddenly, Quebec has demands! And suddenly so does Alberta, New Brunswick, Labrador and Newfoundland, Manitoba, etc. And all of these demands will eventually butt heads with each other, and the whole conversation turns into one unholy mess. See what happened at Meech Lake and at the Charlottetown Accords.
Coupled to the high threshold in the amending formula with a political culture that is absolutely frightened of "opening the Constitution" because it's a massive Pandora's Box for national unity, and no - we're not 'getting rid of the monarchy'.
Quote:
Originally Posted by casper
There is a simple solution. On the death of the Queen we simply don't appoint a replacement. In principle it automatically goes to the next in line and the governor general issues a proclamation. But what if no such proclamation is issued. The country continues to function.
The underlying principle is the Crown's role is in safeguarding the rights, freedoms, and democratic system of government of Canadians and the government is a servant of the people.
The recent events demonstrate a process for removing a governor general that abuses his/her power. I think we just continue on without amending anything. We simply allow "the crown" to become an abstract concept not tied to a specific individual. Think of the crown in the same light as the concept of "lady liberty" in the US content.
We simply should leave everything else alone. No need to amend the constitution.
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Nope. We might be able to change rules of succession made by the Commonwealth by assenting to changes to UK law, but going our own way?
That would almost certainly be a change to the 'office of the Queen' - requiring the unanimous consent formula present in the Constitution.