The 30th anniversary of the Reference re Resolution to Amend the Constitution is an opportunity to reflect on Canada’s constitutional tradition. While the Reference is most famous for articulating a constitutional convention requiring “substantial provincial consent”, I interrogate the Reference for its broader impact on constitutional law. Situating the Reference in its historical context, I argue that it was both a product of a peculiarly Canadian legal tradition, and a harbinger of important new directions in Canadian constitutional litigation and jurisprudence.
""The question calls for an answer, and I propose to answer it": The Patriation Reference as Constitutional Method."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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