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Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is a board of the British Privy Council. It was formed in 1833. In 1844, it was given jurisdiction over all of Britain’s colonial courts. People who had been judges in high courts in Britain served on the Judicial Committee, along with a sprinkling of judges from the Commonwealth. Their decisions were often criticized for favouring provincial powers over federal authority, especially in fields such as trade and commerce. The Judicial Committee served as the court of final appeal for Canada until 1949, when that role was given to the Supreme Court of Canada.  

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Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriateand amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

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