Jonah Patel
The Constitution Act of 1982 is a part of the Constitution of Canada. It was introduced as part of Canada's process of patriating the constitution, bringing about several amendments to the British North America Act, 1867, including its renaming to the Constitution Act, 1867. The Constitution Act, 1982, was endorsed by all provincial governments except that of Quebec, which has never formally approved of its enactment.
| Characteristics | Values |
|---|---|
| Province that did not sign the amended constitution | Quebec |
| Reason | Quebec's demand for greater protection for its status as a distinct society |
| Attempts to secure approval from Quebec | Meech Lake and Charlottetown Accords |
| Status of the Accords | Failed |
| Year of the last attempt | 1992 |
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What You'll Learn
- Quebec has never formally approved the Constitution Act, 1982
- The Meech Lake Accord failed to secure approval from Quebec
- The Charlottetown Accord was defeated in a 1992 referendum
- Amendments to the Constitution were previously enacted by the UK Parliament
- The Constitution Act, 1982, includes the Charter of Rights and Freedoms
Quebec has never formally approved the Constitution Act, 1982
The Constitution Act, 1982, was enacted as part of Canada's process of patriating the constitution, which involved introducing several amendments to the British North America Act, 1867, including renaming it the Constitution Act, 1867. Before 1982, the Constitution of Canada was amended primarily through changes to the British North America Act, 1867, which formed the basis of Canada's Constitution. Amendments were enacted through Acts of the Parliament of the United Kingdom, known as the British North America Acts.
The British North America Act, 1867, was passed to establish the Dominion of Canada, a self-governing part of the British Empire. It joined the provinces of Upper and Lower Canada, Nova Scotia, and New Brunswick into a federal union, with the federal legislature empowered to legislate on matters not explicitly assigned to provincial legislatures. The Act also gave the federal government the right to veto provincial acts within two years of their passage and to levy direct taxation, while the dominion was granted the power to use any mode of taxation.
The process of patriating the Constitution and introducing the Constitution Act, 1982, was necessary because, after the Statute of Westminster in 1931, Canada allowed the British Parliament to retain the power to amend its constitution until Canadian governments could agree on a domestic amending formula. However, it wasn't until 1982 that a suitable amending formula was achieved, as federal and provincial governments struggled to agree for over 50 years.
The Constitution Act, 1982, included several significant provisions, such as the enactment of the Canadian Charter of Rights and Freedoms, the guarantee of rights for Aboriginal peoples, the entrenchment of provincial jurisdiction over natural resources, and the establishment of procedures for future constitutional amendments.
Amendments: Why the Constitution Evolves
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The Meech Lake Accord failed to secure approval from Quebec
The Meech Lake Accord was a series of proposed amendments to the Canadian Constitution, negotiated in 1987 by Prime Minister Brian Mulroney and the premiers of all ten Canadian provinces. The Accord aimed to address Quebec's objections to the Constitution Act, 1982, by providing for some decentralisation of the Canadian federation. It sought to enhance provincial powers and declare Quebec a "distinct society" within Canada.
The Accord was initially popular and backed by almost all political leaders. However, support for the Accord began to decline due to concerns raised by former Prime Minister Pierre Trudeau, feminist activists, and Indigenous groups about the lack of citizen involvement in its drafting and its potential impact on Canadian federalism. Changes in government in New Brunswick, Manitoba, and Newfoundland brought ministries to power that declined to accept the Accord.
In 1990, the situation was further complicated by the request of the province of Manitoba for additional time to ratify the Accord, which frustrated Premier Clyde Wells of Newfoundland and Labrador. Wells became an outspoken critic of the Accord and insisted on putting it to another vote in his legislature or a plebiscite in his province. This provided an excuse for Wells to avoid bringing the issue to a vote, dealing another blow to the Meech Lake Accord.
Despite attempts to salvage the Accord, it ultimately failed to secure approval from all ten provincial governments, including Quebec, by the deadline of June 23, 1990. The failure of the Meech Lake Accord led to a surge in support for separatism in Quebec and eventually resulted in the 1995 Quebec Referendum.
Amending State Constitutions: When and Why?
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The Charlottetown Accord was defeated in a 1992 referendum
Quebec is the Canadian province that did not sign the amended constitution. The Charlottetown Accord was an attempt to amend the Canadian Constitution and obtain Quebec's consent to the Constitution Act, 1982. It was proposed by the Canadian federal and provincial governments in 1992 and submitted to a public referendum on October 26, where it was defeated.
The Accord would have recognized Quebec as a distinct society and addressed the roles and rights of Quebec, Native Canadians, and the western provinces. It also would have decentralized many federal powers to the provinces, reformed the Senate and the House of Commons, and addressed the issue of Indigenous self-government. Despite the support of the federal government and all 10 provincial governments, the Accord faced significant opposition from various groups. Some felt it favored Quebec too heavily, while others in Quebec believed it did not go far enough.
The referendum asked Canadians, "Do you agree that the Constitution of Canada should be renewed on the basis of the agreement reached on August 28, 1992?" The result was a decisive "no" vote, with 54.4% of Canadians rejecting the proposal. This outcome marked a pivotal moment in Canadian politics, signaling widespread dissatisfaction with the federal government and its approach to constitutional matters. The defeat was also interpreted as a protest against the country's "political class," particularly the deeply unpopular Prime Minister Brian Mulroney and his Progressive Conservative Party.
The failure of the Charlottetown Accord had significant political repercussions. It led to the resignation of Prime Minister Brian Mulroney and the decline of the Progressive Conservative Party, which suffered a heavy defeat in the federal election in October 1993. The referendum also highlighted the ongoing challenges in reaching a national consensus on constitutional reform and addressing the demands and concerns of Quebec and other provinces.
Unratified Amendments: The Forgotten Constitutional Proposals
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Amendments to the Constitution were previously enacted by the UK Parliament
The Canadian Constitution has roots dating back to the 13th century, including England's Magna Carta and the first English Parliament of 1275. The first semblance of a constitution for Canada was the Royal Proclamation of 1763, which renamed the north-easterly portion of the former French province of New France as the Province of Quebec.
Before 1982, the Constitution of Canada was amended by the British Parliament through the British North America Act, 1867 (now the Constitution Act, 1867). This was because, unlike most other constitutions, the Act had no amending formula. Instead, changes were enacted through Acts of the Parliament of the United Kingdom (or "Imperial Parliament") called the British North America Acts.
Other Commonwealth countries took over authority for constitutional amendment after the Statute of Westminster 1931. However, Canada decided to allow the UK Parliament to retain this power "temporarily". Thus, between 1931 and 1982, the federal government of Canada would request amendments by issuing an address to the British government, which included a resolution containing the desired amendments. These requests were always passed by the British Parliament.
The Constitution of Canada was patriated in 1982, and the British North America Act was renamed the Constitution Act, 1982. This was the formal act of Parliament that granted Canada full legislative independence from the United Kingdom. Part V of the Constitution Act, 1982, established an amending formula for the Canadian constitution, ending the UK Parliament's role in amending Canada's constitution.
Citing the Constitution: Amendments and Their Sources
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The Constitution Act, 1982, includes the Charter of Rights and Freedoms
The Constitution Act, 1982, is a part of the Constitution of Canada. It was introduced as part of Canada's process of patriating the constitution, which included several amendments to the British North America Act, 1867, including its renaming to the Constitution Act, 1867. The Constitution Act, 1982, enacted the Canadian Charter of Rights and Freedoms, which guarantees the rights of the Aboriginal peoples of Canada, entrenches provincial jurisdiction over natural resources, provides for future constitutional conferences, and sets out procedures for amending the Constitution in the future.
The Canadian Charter of Rights and Freedoms is a bill of rights that protects the political, legal, and human rights of people in Canada from the policies and actions of all levels of government. It also serves as a unifying force for Canadians around a set of principles that embody those rights. The Charter was preceded by the Canadian Bill of Rights, created in 1960, which was limited in its effectiveness as it did not apply directly to provincial laws.
The enactment of the Charter of Rights and Freedoms has brought about significant changes to Canadian constitutional law. It has codified many previously oral constitutional conventions and made the amendment of the constitution more challenging. Now, textual amendments must conform to certain specified provisions in the written portion of the Canadian constitution. The Charter also recognises the rights of Aboriginal Peoples of Canada to protect their culture, customs, traditions, and languages. It guarantees equal rights to male and female persons and ensures that nothing in the Charter abrogates or derogates from any rights or privileges regarding denominational, separate, or dissentient schools.
The Constitution Act, 1982, has been the subject of debate and attempts at amendment, particularly regarding the inclusion of Quebec. Quebec has not formally agreed to the Constitution Act, 1982, and attempts to address this, such as the 1987 Meech Lake Accord, have not been successful. However, this does not affect the legal applicability of the Act.
Consequences of Violating Constitutional Amendments
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Frequently asked questions
Quebec has never formally approved the enactment of the Constitution Act, 1982.
Quebec has demands for greater protection for its status as a distinct society. The Meech Lake and Charlottetown Accords were designed to secure approval from Quebec, but both efforts failed.
The lack of formal approval has remained a persistent political issue in Quebec. However, the Supreme Court concluded that Quebec's formal consent was never necessary, and the Constitution Act, 1982, is legally applicable regardless.
The Meech Lake Accord was a package of constitutional amendments intended to address Quebec's objections to the Constitution Act, 1982. It failed in 1990 when it was not ratified by all ten provincial governments.
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