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Our Constitutional History “Dominion status”: History, framework and context Peter C. Oliver*

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This is a MUST read for all Canadians:

Federal and provincial representatives had met in Canada as early as 1927 in order to devise a mutually satisfactory domestic amendment procedure, but no agreement had been reached by 1930–1931. Such an agreement was to prove highly elusive.

As a result it was necessary to retain the possibility of recourse to the Parliament at Westminster in order to accomplish at any moment in the future amendments to the UK legislative texts which formed part of the Canadian Constitution. As far as Canada was concerned, the Statute of Westminster, 1931 appeared to maintain the status quo ante.

After much discussion, a provision which eventually became section 7(1) of the 1931 Statute was approved.73 This provision effectively left the UK Parliament at the apex of the Canadian legal system; and it would take over fifty years before Canadians could settle on a new procedure to amend the Constitution of Canada and repeal section 7(1).

https://academic.oup.com/icon/article/17/4/1173/5710822

Download the pdf here: Dominion status Historymoz078

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