Contents 1 History 2 Enactment of the Act 3 Proclamation by the Queen of Canada 4 See also 5 References 6 External links


History[edit] Canada's political history began with the British North America Act, 1867 (currently officially called the Constitution Act, 1867).[2] 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.[2] From this Canada adopted a Westminster style government with a Parliament of Canada. 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,[3] as well as the other British Dominions (Australia [adopted 1942], the Irish Free State, New Zealand [adopted 1947], the Union of South Africa, and the Dominion of Newfoundland [never ratified, joined Canada in 1949]), except where the Dominion consented to Imperial legislation. Also, the British North America (No. 2) Act, 1949 was passed by the British Parliament, giving the Parliament of Canada significant constitutional amending powers.[4] However, after the Statute of Westminster, 1931, Canada decided to allow the British Parliament to temporarily retain the power to amend Canada's constitution, on request from the Parliament of Canada.[5][6][7] In effect, an Act of the British Parliament (as requested by the Parliament of Canada) was required to make some amendments in the Canadian constitution.[8] Delay in the patriation of the Canadian constitution was due in large part to the lack of agreement concerning a method for amending the constitution that would be acceptable to all of the provinces, particularly Quebec.[9]


Enactment of the Act[edit] The Canada Act 1982 was passed by the Parliament of the United Kingdom in response to the request from the Parliament of Canada to take over authority for amending its own constitution.[10] [11] After unpromising negotiations with the provincial governments, Pierre Trudeau proclaimed that the federal Parliament would unilaterally patriate the constitution. After numerous references by the provinces, the Supreme Court of Canada ruled in the Patriation Reference that provincial consent was not legally necessary, but to do so without substantial consent would be contrary to a longstanding constitutional convention.[12] Trudeau succeeded in convincing nine provinces out of ten by agreeing to the addition of a Notwithstanding Clause to limit the application of the Canadian Charter of Rights and Freedoms[13] as a result of discussions during a First Ministers' conference and other minor changes in November 1981.[14] In the UK, 44 Members of Parliament voted against the Act, including 24 Conservative and 16 Labour MP's, citing concerns over Canada's past mistreatment of Quebec and Aboriginal peoples (as recalled with frustration by Jean Chrétien in his memoirs Straight from the Heart); overall there was little opposition from the British government to passing the Act.[citation needed] However, new research into documents of the Thatcher government indicate that Britain had serious concerns about the inclusion of the Canadian Charter of Rights and Freedoms within the Canada Act. Part of this concern stemmed from letters of protest the British received about it from provincial actors, but also because the Charter undermined the principle of parliamentary supremacy, which until that time had always been a core feature of every government practising the Westminster system.[15] Through section 2 of the Canada Act 1982, the United Kingdom ended its involvement with further amendments to the Canadian constitution.[16] The procedure for amending the Constitution Act, 1982 must comply with its Part V, instead of the usual parliamentary procedure requiring the monarch's Royal Assent for enacting legislation.


Proclamation by the Queen of Canada[edit] While the Canada Act 1982 received royal assent on March 29, 1982 in London, it was not until the Queen visited Canada the following month [17] 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.[18] Canada's Constitution Act, 1982 was signed into law by Elizabeth II as Queen of Canada on April 17, 1982 on Parliament Hill in Ottawa.[19][18] Queen Elizabeth's constitutional powers over Canada were not affected by the Act, and she remains Queen and Head of State of Canada.[20] Canada has complete sovereignty as an independent country, however, and the Queen's role as monarch of Canada is separate from her role as the British monarch or the monarch of any of the other Commonwealth realms.[21]


See also[edit] History of Canada portal Canadian politics portal Australia Act 1986 New Zealand Constitution Act 1986 Patriation


References[edit] ^ Canada Act 1982, s. 3. ^ a b "Canada in the Making – Constitutional History". .canadiana.org. Retrieved 2010-10-18.  ^ "The Statute of Westminster, 1931". Efc.ca. Retrieved 2010-10-18.  ^ "British North America (No. 2) Act, 1949". Solon.org. Retrieved 2010-10-18.  ^ "Proclamation of the Constitution Act, 1982". Canada.ca. Government of Canada. May 5, 2014. Retrieved February 10, 2017.  ^ "A statute worth 75 cheers". Globe and Mail. Toronto. March 17, 2009. Retrieved February 10, 2017.  ^ Couture, Christa (January 1, 2017). "Canada is celebrating 150 years of… what, exactly?". CBC. CBC. Retrieved February 10, 2017. ... the Constitution Act itself cleaned up a bit of unfinished business from the Statute of Westminster in 1931, in which Britain granted each of the Dominions full legal autonomy if they chose to accept it. All but one Dominion — that would be us, Canada — chose to accept every resolution. Our leaders couldn't decide on how to amend the Constitution, so that power stayed with Britain until 1982.  ^ Gérin-Lajoie, Paul (1951). "Constitutional Amendment in Canada". The Canadian Journal of Economics and Political Science. Blackwell Publishing on behalf of Canadian Economics Association. 17: 6. JSTOR 137699.  ^ "Intellectuals for the Sovereignty of Quebec". Rocler.qc.ca. 1995-10-30. Retrieved 2010-10-18.  ^ "Proclamation of the Constitution Act, 1982". Library and Archives, Government of Canada. Government of Canada. 2015. Retrieved 13 February 2017.  ^ "The Constitution—The Monarchist League of Canada". Monarchist.ca. Retrieved 2010-10-18.  ^ "1981 CanLII 25 (S.C.C.)". CanLII. Retrieved 2010-10-18.  ^ "The Notwithstanding Clause of the Charter (BP-194E)". .parl.gc.ca. Retrieved 2010-10-18.  ^ Siddiqui, Haroon (2012-04-15). "Canada's cherished Charter could not have happened without "kitchen accord"". Toronto Star. Retrieved 15 April 2012.  ^ Frédéric Bastien. 2010. ―Britain, the Charter of Rights and the spirit of the 1982 Canadian Constitution.‖ Commonwealth & Comparative Politics 48 (3): 320–347. ^ Feasby, Colin (2006). "Constitutional Questions About Canada's New Political Finance Regime" (PDF). Osgoode Hall Law School York University. p. 18 Volume 48, Number 1. Retrieved 2010-10-18.  ^ "Proclamation of the Constitution Act, 1982". Library and Archives, Government of Canada. Government of Canada. 2015. Retrieved 13 February 2017. The signing of the proclamation on April 17, 1982, marked the end of efforts by many successive governments. The new Constitution was accompanied by The Canadian Charter of Rights and Freedoms, and an amending formula that would no longer require an appeal to the British Parliament.  ^ a b Lauterpacht, E (1988). International Law Reports. Cambridge University Press. p. 457. ISBN 0-521-46423-4. Retrieved 2010-10-18.  ^ "Proclamation of the Constitution Act, 1982". Library and Archives, Government of Canada. Government of Canada. 2015. Retrieved 13 February 2017. The signing of the proclamation on April 17, 1982, marked the end of efforts by many successive governments. The new Constitution was accompanied by The Canadian Charter of Rights and Freedoms, and an amending formula that would no longer require an appeal to the British Parliament.  ^ Cyr, Hugo (2009). Canadian Federalism and Treaty Powers: Organic Constitutionalism at Work. Bruxelles ; New York : P.I.E. Peter Lang. ISBN 978-90-5201-453-1. Retrieved 2010-10-18.  ^ "Some Visual Aspects of the Monarchical Tradition" (PDF). Canadian Parliamentary Review 31. 2004. p. 17. Archived from the original (PDF) on 2010-03-08. Retrieved 2010-10-18. [verification needed]


External links[edit] Wikisource has original text related to this article: Proclamation of the Constitution Act 1982 Wikisource has original text related to this article: Canada Act 1982 Table of Constitutional Documents v t e Constitution of Canada List of constitutional documents Quasi-constitutional law Pre-Confederation constitutional documents Iroquois constitution Mi'kmaq constitution Constitution of New France Royal Proclamation of 1763 Quebec Act of 1774 Constitutional Act of 1791 Declaration of Independence of Lower Canada (1838) Report on the Affairs of British North America (1839) Act of Union 1840 Confederation Charlottetown Conference, 1864 Quebec Conference, 1864 Quebec Resolutions London Conference, 1866 Fathers of Confederation Constitution Act, 1867 Canadian federalism Preamble Section 121 Section 125 Powers under Section 91 Peace, order, and good government Trade and commerce Criminal law Matters excepted from s. 92 Powers under Section 92 Licensing Works and undertakings Property and civil rights Administration of justice Fines and penalties for provincial laws Matters of a local or private nature Amendments and other constitutional documents 1867–1982 British North America Acts, 1867–1982 Manitoba Act, 1870 Alberta Act, 1905 Saskatchewan Act, 1905 Statute of Westminster, 1931 Newfoundland Act, 1949 Patriation Fulton–Favreau formula Victoria Charter Kitchen Accord/Night of the Long Knives Constitution Act, 1982 Part I – Canadian Charter of Rights and Freedoms Preamble 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 16.1 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Part II – Rights of the Aboriginal peoples of Canada 35 Part III – Equalization and regional disparities 36 Part VII – General 52 59 Conventions At Her Majesty's pleasure Cabinet collective responsibility Disallowance and reservation Responsible government Fusion of powers Queen-in-Parliament Implied repeal Individual ministerial responsibility Interpellation Question Period Parliamentary privilege Parliamentary sovereignty Reserve power Royal prerogative Constitutional debate since 1982 Triple-E Senate Meech Lake Accord Charlottetown Accord Calgary Declaration Other unsuccessful amendments Interpretation of the Constitution Aboriginal self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional immunity Purposive theory Dialogue principle Provincial constitutional law Constitution of Alberta Constitution of Quebec Constitution Act (British Columbia) Category WikiProject v t e United Kingdom legislation Pre-Parliamentary legislation List of English statutes Charter of Liberties Magna Carta Acts of Parliament by states preceding the Kingdom of Great Britain Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Parliament of Scotland to 1706 Acts of Parliament of the Kingdom of Great Britain 1707–1719 1720–1739 1740–1759 1760–1779 1780–1800 Acts of the Parliament of Ireland to 1700 1701–1800 Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland 1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes Legislation.gov.uk Short titles relating to the European Union 1972 to date Church of England measures List Church of England Assembly (Powers) Act 1919 Legislation of devolved institutions Acts of the Scottish Parliament List Acts and Measures of the National Assembly for Wales List Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders-in-Council / Orders in Council Orders-in-Council for Northern Ireland (1972-2009) Orders in Council for Northern Ireland Secondary legislation United Kingdom Statutory Instruments various Scottish Statutory Instruments Acts of Sederunt Acts of Adjournal all others Retrieved from "https://en.wikipedia.org/w/index.php?title=Canada_Act_1982&oldid=823262231" Categories: 1982 in Canadian lawCanada and the Commonwealth of NationsConstitution of CanadaPolitical history of QuebecUnited Kingdom Acts of Parliament 19821982 in international relationsActs of the Parliament of the United Kingdom concerning CanadaCanada–United Kingdom relationsMarch 1982 eventsHidden categories: All pages needing factual verificationWikipedia articles needing factual verification from April 2016All articles with unsourced statementsArticles with unsourced statements from October 2010


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