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Measure formally ending British power to legislate for Canada, approved by the British Parliament on March 25, 1982, and proclaimed by Queen Elizabeth II on April 17, 1982. The document contains the British North America Act and was approved by all the Canadian provinces except Quebec, which was denied its claim of a constitutional veto by Canada's Supreme Court.

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also called the Constitutional Act of 1982, which made Canada a fully sovereign state. The British Parliament approved it on Mar. 25, 1982, and Queen Elizabeth II proclaimed it on Apr. 17, 1982. When Quebec residents voted (May, 1980) in a referendum not to seek sovereignty, Prime Minister Trudeau moved to create an amended constitution. The final document, agreed upon in Nov., 1981, by the federal government and every province except Quebec, combines the British North America Act of 1867, subsequent amendments to that act by the British Parliament, and new material resulting from 18 months of intense negotiations between federal and provincial powers. It contains a Charter of Rights and Freedoms, which guarantees 34 rights including religious freedom, minority language education, and cultural tolerance. The Charter contains a clause which allows many rights to be overridden in federal or provinical legislatures by a “notwithstanding clause.” Other parts of the Act recognize native treaty rights, increase the power provinces have over their natural resources, and provide an amendment formula, which requires approval of two-thirds (seven) of the provinces and 50% of the country's population. Quebec's attempts to oppose the Canada Act ended in Dec., 1982, when its claim to constitutional veto was rejected by the Supreme Court of Canada. Negotiations with Quebec continued with the Meech Lake Accord, which failed in 1990, and with subsequent federal initiatives.


 
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The Canada Act 1982 (1982 c. 11) is an Act of Parliament passed by the British Parliament that severed all remaining legislative dependence of Canada on the United Kingdom, in a process known as "patriation". It contains the text of the Constitution Act, 1982, in both of Canada's official languages, in Schedule B, and a translation of the main body into French in Schedule A, making it the first British Act of Parliament since medieval times to be in both English and French.

History

Canada's road to political self government began with the British North America Act, 1867 (now called in Canada the "Constitution Act, 1867," although it is still often referred to by its British name, or simply the "BNA Act"). This act created the modern state of Canada by combining the Province of Canada (now Ontario and Quebec), Nova Scotia, and New Brunswick into a dominion within the British Empire. From this Canada adopted a Westminster style government with a Parliament. A Governor General fulfilled the constitutional duties of the British Sovereign on Canadian soil.

Despite this, the United Kingdom still had the power to legislate for Canada. The Statute of Westminster 1931 removed this power of the British Parliament for Canada, as well as the other British Dominions (Australia, the Irish Free State, New Zealand, Union of South Africa, and Newfoundland), save where the Dominion consented to Imperial legislation. Also, the British North America (No. 2) Act 1949 was passed by the British Parliament, giving the Canadian Parliament significant constitutional amending powers. However, an Act of the British Parliament was still required to make some amendments in the Canadian constitution.

This delay in repatriating the Canadian constitution was due in large part to the lack of agreement over a mechanism for amending the constitution that would be acceptable to all of the provinces, particularly Quebec.

Enactment of the Act

The Canada Act was the last request of the Canadian government to amend the country's constitution. After unpromising negotiations with the provincial governments, Pierre Trudeau eventually came to hope that the federal Parliament could unilaterally patriate the constitution, but the Supreme Court of Canada ruled in the Patriation Reference that a substantial level of consent from the provinces was needed according to constitutional conventions (though not in law). Trudeau succeeded in convincing nine provinces out of ten by adding the Notwithstanding Clause to limit the application of the Canadian Charter of Rights and Freedoms.

Aside from some objections from British MPs who protested Canada's past mistreatment of Quebec and Aboriginal peoples (as recalled with frustration by Jean Chrétien in his memoirs Straight from the Heart), there was little opposition from the British government to passing the Act. Through section 2 of the Canada Act 1982, the United Kingdom ended its involvement in further amendments to the Canadian constitution.

Proclamation by the Queen of Canada

Queen Elizabeth II signs the Constitution Act into law in Ottawa on April 17, 1982
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Queen Elizabeth II signs the Constitution Act into law in Ottawa on April 17, 1982


Whilst the Canada Act 1982 received the Royal Assent on March 29, 1982 in London, it was not until the Queen came to Canada that the Constitution Act, 1982, its Canadian equivalent, was proclaimed by letters patent as a statutory instrument by the Queen during her presence in Canada.

The Constitution Act 1982 was signed into law by Elizabeth II as Queen of Canada on a rainy April 17, 1982 on Parliament Hill in Ottawa. Queen Elizabeth remains Queen and Head of State of Canada to this day. Her constitutional powers over Canada were not affected by the Act. Canada has full sovereignty over its realm and the Queen's role is separate from her role as the British monarch.

See also

External links


Constitution Act, 1867
Division of powers | Peace, order and good government | Criminal law power | Trade and Commerce clause | Works and Undertakings (Declaratory Power) | Property and civil rights | Disallowance and reservation

Canada Act 1982
Constitution Act, 1982
Canadian Charter of Rights and Freedoms | Aboriginal Rights clause | Amending formula

List of Canadian constitutional documents

History of the Constitution
Royal Proclamation of 1763 | Quebec Act | Constitutional Act of 1791 | Act of Union 1840 | British North America Acts | Statute of Westminster 1931
Constitutional debate
Fulton-Favreau formula | Victoria Charter | Meech Lake Accord | Charlottetown Accord | Calgary Declaration | Other unsuccessful amendments
Interpretation of the Constitution
Pith and substance | Double aspect | Paramountcy | Living tree | Implied Bill of Rights | Dialogue principle | Interjurisdictional immunity

 
 

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Britannica Concise Encyclopedia. Britannica Concise Encyclopedia. © 2006 Encyclopædia Britannica, Inc. All rights reserved.  Read more
Columbia Encyclopedia. The Columbia Electronic Encyclopedia, Sixth Edition Copyright © 2003, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/  Read more
Wikipedia. This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Canada Act 1982" Read more

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