What is required for an amendment that does not apply to all provinces?

Prepare for the NCA Canadian Constitutional Law Exam with a range of engaging tools. This quiz features flashcards and multiple choice questions complete with hints and explanations. Boost your confidence and ready yourself for success!

In the context of Canadian constitutional law, certain amendments to the Constitution can be made that apply specifically to only a subset of provinces. The correct answer emphasizes the need for the approval of both the affected provinces and the federal government in these cases. This reflects the principles outlined in the Constitution Act, 1982, specifically Section 43, which stipulates that amendments that pertain only to specific provinces can proceed with the consent of only those provinces and the federal government.

This nuanced requirement acknowledges the varying interests and needs of different provinces, allowing for a more tailored approach to constitutional amendments without requiring the consensus of all provinces. In contrast, other options suggest higher thresholds of consent or processes that do not align with the established legal framework for such amendments. For instance, unanimous consent (b) implies that all provinces must agree, which is not necessary for amendments limited to certain provinces. Similarly, an independent review by the Supreme Court (c) is not mandated for this type of amendment. Lastly, a majority vote in all jurisdictions (d) misinterprets the requirements by assuming that all provinces must be involved in the voting process.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy