Fulton-Favreau formula
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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.
Amending formula
The formula provided that amendments affecting all provinces or the jurisdiction of the federal govenrnment would require unanimous consent; amendments affecting one or more provinces would require the consent of the province or provinces concerned; amendments that did not concern provincial powers, education or official bilingualism would require the consent of two-thirds of the provinces embodying fifty per cent of the population as well as both chambers of Parliament. Up to four provinces would be accorded the ability to opt out, or be exempted, from the constitutional changes. Ottawa could delegate powers to the provinces and vice-versa with the agreement of the federal government and at least four provinces.
Debate
During the negotiations, a number of controversies arose over the Fulton-Favreau accord, including that the unanimity constituted a "straight 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 single Confederation. 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 be "entrenching" property and civil rights, making the jurisdictional issue amendable only by unanimity, which would potentially threaten growth of labour legislation, medicare and other social services. [1]
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 1981 when a new Canadian Constitution was agreed upon.