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Hogan v. Newfoundland (Attorney General), 2000 NFCA 12 (Link)

Facts:

Concerned the abolishment of separate schooling for Roman Catholics by the Newfoundland government, using the amending formula. Drawing on the Reference re Secession of Quebec, Hogan argued that the province had a legal duty to consult with the minority that would be affected by the amendment: based on unwritten constitutional principle of respect for minority rights.

Issue(s):

Did the government have the duty to consult with an affected minority when passing an constitutional amendment?

Ratio:

An unwritten constitutional principle cannot defeat a written constitutional principle.

Analysis:

There was no requirement to consult with the minority. There is an explicit method of amendment in the Constitution. Reference re Secession of Quebec concerned a lacuna in the law; and it was for this reason that unwritten principles were applicable.

Holding:

Decision in favour of Newfoundland (Attorney General).


Discussion

  1. eliocx 1

    Thanks for adding this brief.

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