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King Charles won’t stand in the way if ‘Australia wants to become a republic’ (www.theguardian.com)

submitted 1 month ago by [email protected] to c/[email protected]

44 comments fedilink hide all child comments

Charles said to be adopting ‘anti-confrontational approach’ to republican campaigners before visit

King Charles has said he will not stand in the way if Australia wishes to replace him as the country's head of state, it has been reported.

Ahead of his visit later this month, the king is said to be adopting an "anti-confrontational approach" to Australian republican campaigners, the Daily Mail reported.

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[–] [email protected] 26 points 1 month ago (1 children)

Hell, Quebec still to this day hasn't ratified the 1982 update. They kept using the notwithstanding clause for years until the supreme court unilaterally decided that since QC is part of Canada, the constitution applies there in practice despite them not signing it.

[–] [email protected] 6 points 1 month ago

Man, I didn't even think about Quebec.

Some treaties that the French sign have had them require a French version and that the French version be equally-binding. I imagine that this makes any form of translation difference exciting. Is this the case for Quebec?

searches

Apparently so.

https://en.wikipedia.org/wiki/Constitution_Act,_1982

English and French versions

Section 56 of the Act provides that the parts of the Constitution that were enacted in English and French are equally authoritative, and section 57 adds that the English and French versions of the Constitution Act, 1982 itself are equal. Section 57 is akin section 18 of the Charter, which provides that English and French versions of federal and New Brunswick statutes are equal.[20] The Supreme Court has interpreted section 133 of the Constitution Act, 1867 and section 23 of the Manitoba Act, 1870 to mean that the English and French versions of federal, Quebec and Manitoba statutes are equal.[21][22]

Despite sections 56 and 57, significant portions of the Constitution of Canada were only enacted in English and even if there exist unofficial French translations, their English versions alone have force of law. To address this problem, section 55 requires that the federal Minister of Justice prepare "a French version of the…Constitution of Canada as expeditiously as possible." The Minister of Justice established a French Constitution Drafting Committee in 1984, which prepared French versions of the Constitution, and presented them to the Minister in 1990.[citation needed]

Section 55 also requires that "when any portion thereof sufficient to warrant action being taken has been so prepared, it shall but put forward for enactment by proclamation issued by the Governor General under the Great Seal of Canada pursuant to the procedure then applicable to an amendment of the same provisions of the Constitution of Canada." No action has been taken to put forward the French version for enactment. The reference to a proclamation by the Governor-General implies that some combination of the general, unanimity and special arrangements procedures would be required to enact the French version.[citation needed] Although the intention was presumably that the government of Canada would do so by introducing an amendment resolution in the House of Commons,[citation needed] a Senator or a provincial government could presumably do so since, under section 46, such amendments "may be initiated either by the Senate or the House of Commons or by the legislative assembly of a province".