Which method allows each province to amend its own constitution?

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!

The option identifying that each province can amend its own constitution is indeed the correct one because it reflects the unique structure of Canadian federalism, where provinces have jurisdiction over certain areas of law, including their own constitutional frameworks.

In Canada, the Constitution Act, 1867 (formerly the British North America Act, 1867), grants provinces the power to manage their own affairs, and this includes the ability to amend their own constitutions within specific legal boundaries. This is facilitated through their respective provincial legislatures, which can enact laws to alter provincial statutes and constitutions, subject to the provisions in the Constitution Act, 1982.

The general amending procedure specified in section 38 of the Constitution Act, 1982 is designed for constitutional amendments at a national level that require the participation of both the federal government and a majority of provinces. This means it does not apply to provincial constitutions since individual amendments would not necessitate federal involvement.

The unanimity procedure also does not relate specifically to the power of provinces to amend their own constitutions, as it requires all provinces and the federal government to agree on constitutional amendments, which further restricts individual provincial actions.

The federal supremacy clause, found in section 52 of the Constitution Act, 1982

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