These consolidated reference appeals concerned whether the federal Houses could unilaterally seek patriation of the Constitution with an amending formula and entrenched rights guarantees that would affect provincial powers.
The Court held that, as a matter of law, the federal Houses had authority to pass the Resolution and provincial consent was not legally required.
However, a majority also held that a constitutional convention required a substantial degree of provincial consent before requesting the Parliament of the United Kingdom to enact amendments affecting federal-provincial relationships.
The appeals therefore produced the Patriation Reference's central dual holding: legal authority existed, but unilateral action would breach constitutional convention.
