Fulton-Favreau formula
Encyclopedia
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.
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
.
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
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.
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.
and the patriation
of the Canadian Constitution.
Amendments to the Constitution of Canada
Amendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government. Only since 1982 has there been an official protocol to amend the Constitution.- History :...
of the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
developed by federal justice minister E. Davie Fulton and Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
Liberal
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
Guy Favreau
Guy Favreau
Guy Favreau, PC, QC, was a Canadian lawyer, politician and judge.Born in Montreal, Quebec, the son of Léopold Favreau and Béatrice Gagnon, he obtained a Bachelor of Arts and an LL.B. from the Université de Montréal. He was called to the Bar of Quebec in 1940. He worked as a lawyer in Montreal...
in the 1960s. The Fulton-Favreau formula would have achieved the patriation
Patriation
Patriation is a non-legal term used in Canada to describe a process of constitutional change also known as "homecoming" of the constitution. Up until 1982, Canada was governed by a constitution that was a British law and could be changed only by an Act of the British Parliament...
of the Constitution.
Amending formula
Under the formula, all provincesProvinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
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
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
.
Debate
During the negotiations, a number of controversiesConstitutional debate in Canada
The Constitutional debate of Canada is an ongoing debate covering various political issues regarding the fundamental law of the country. The debate can be traced back to the Royal Proclamation, issued on October 7, 1763, following the signing of the Treaty of Paris wherein France ceded most of New...
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
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
also argued that the debates over Canadian federalism
Canadian federalism
Canada is a federation with two distinct jurisdictions of political authority: the country-wide federal government and the ten regionally-based provincial governments. It also has three territorial governments in the far north, though these are subject to the federal government...
, particularly the increasing decentralization being pushed for by regional leaders such as Quebec Premier Jean Lesage
Jean Lesage
Jean Lesage, PC, CC, CD was a lawyer and politician in Quebec, Canada. He served as the 19th Premier of Quebec from 22 June 1960, to 16 August 1966...
, threatened to render the federal government powerless, to the "point of no return
Point of no return
The point of no return is the point beyond which one must continue on his or her current course of action because turning back is physically impossible, prohibitively expensive or dangerous. It is also used when the distance or effort required to get back would be greater than the remainder of the...
," 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 Canadian
French Canadian or Francophone Canadian, , generally refers to the descendents of French colonists who arrived in New France in the 17th and 18th centuries...
to fully develop their rightful roles within Canada.
New Democratic Party
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
leader Tommy Douglas
Tommy Douglas
Thomas Clement "Tommy" Douglas, was a Scottish-born Baptist minister who became a prominent Canadian social democratic politician...
also expressed concern that, while the patriation of the Constitution would be beneficial, the new Constitution would "entrench" property and civil rights
Property and civil rights
In Canadian constitutional law, section 92 of the Constitution Act, 1867 provides the provincial government with the exclusive authority to legislate on matters related to property and civil rights in the Province. Note that civil rights in this context is different from what is understood as civil...
. This would make the jurisdictional issue amendable only by unanimity, which would potentially threaten growth of labour legislation, medicare
Medicare (Canada)
Medicare is the unofficial name for Canada's publicly funded universal health insurance system. The formal terminology for the insurance system is provided by the Canada Health Act and the health insurance legislation of the individual provinces and territories.Under the terms of the Canada Health...
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, 1982Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
and the patriation
Patriation
Patriation is a non-legal term used in Canada to describe a process of constitutional change also known as "homecoming" of the constitution. Up until 1982, Canada was governed by a constitution that was a British law and could be changed only by an Act of the British Parliament...
of the Canadian Constitution.