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Canada Act 1982
From Wikipedia, the free encyclopedia
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.
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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 patriation of 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.
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.
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.
- Full text of the Constitution Act, 1982 including the Canadian Charter of Rights and Freedoms
- Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database
- Canada and the Constitution Act
- Table of Constitutional Documents