Comments by "Anthony Hulse" (@anthonyhulse1248) on "Forbes Breaking News"
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@LuckyestLuke The Constitution Act, 1982 was properly ratified according to the legal processes in place at the time. However, Section 59 of the Constitution Act, 1982 remains a unique and unresolved aspect of the constitutional process, particularly concerning Quebec.
Was the Constitution Properly Ratified ?
The British Parliament passed the Canada Act, 1982 which legally ended Britain’s authority over the Canadian Constitution. Queen Elizabeth II signed the Proclamation of the Constitution Act, 1982 on April 17, 1982 officially bringing it into force.
The Constitution Act, 1982 including the Charter of Rights and Freedoms, was enacted with the approval of nine out of ten provinces: Quebec did not sign on.
What About Section 59?
Section 59 specifically relates to Section 23 of the Charter, which deals with minority language education rights in Quebec.
- It states that Section 23(1)(a) (which guarantees English-language education rights to children of English-speaking parents) would not apply in Quebec unless the province consented through a resolution of the National Assembly.- To this day, Quebec has never passed such a resolution, meaning Section 23(1)(a) remains inactive in Quebec
Does This Affect the Constitution’s Legitimacy?
Legally: The Constitution was validly ratified under the rules in place, despite Quebec’s refusal to sign it.
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