Malcolm Rivera
The Constitution Act, 1982, is a significant document in Canadian history, marking the country's full independence from Britain. This Act amended the British North America Act, 1867, and introduced several changes, including renaming it the Constitution Act, 1867, and patriating the Constitution. Additionally, it enacted the Canadian Charter of Rights and Freedoms, guaranteeing the rights of Indigenous peoples and providing for future constitutional conferences. The Act also entrenched provincial jurisdiction over natural resources and set out procedures for future amendments to the Constitution.
| Characteristics | Values |
|---|---|
| Name of the Act | Constitution Act, 1982 |
| Part I of the Act | Canadian Charter of Rights and Freedoms |
| Purpose of Part I | To protect political, legal, and human rights of people in Canada from the policies and actions of all levels of government |
| Part II of the Act | Guarantees the existing rights of Indigenous peoples in Canada |
| Part III of the Act | Recognizes the federal government's practice of providing equalization payments to poorer provinces |
| Part IV of the Act | Calls for the first ministers to meet before 17 April 1983 to discuss the rights of Indigenous peoples |
| Part V of the Act | Contains the procedure for amending the Constitution |
| Part VI of the Act | Amends the BNA Act, 1867 to specify that provincial governments have exclusive jurisdiction over non-renewable natural resources |
| Part VII of the Act | Contains several minor clauses |
| Section 35 | Recognizes and affirms the existing aboriginal and treaty rights in Canada |
| Section 25 | Guarantees that the rights and freedoms in the Charter do not abrogate or derogate from any aboriginal, treaty, or other rights or freedoms that pertain to the aboriginal peoples of Canada |
| Section 24 | Grants new powers to the courts to enforce more creative remedies and to exclude improperly obtained evidence in criminal trials |
| Section 55 | Assigns the task of preparing a French version of certain constitutional enactments to the Minister of Justice of Canada |
| Section 51A | Added provision |
| Section 18 | Substituted provision |
| Section 45 | Allows a legislature to amend the constitution of its province |
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What You'll Learn
- The Canadian Charter of Rights and Freedoms was added
- It guaranteed the rights of Indigenous peoples (Aboriginal peoples)
- It entrenched provincial jurisdiction over natural resources
- It provided for future constitutional conferences to discuss Indigenous rights
- It set out the procedure for amending the Constitution in the future
The Canadian Charter of Rights and Freedoms was added
The Charter was drafted by the federal government in consultation with provincial governments in the years leading up to the passage of the Constitution Act, 1982. It was preceded by the Canadian Bill of Rights, which was created by the government of John Diefenbaker in 1960. However, the Bill of Rights was limited in its effectiveness because, as a federal statute, it did not apply directly to provincial laws. This, along with the movement for human rights and freedoms that emerged after World War II, motivated the creation of a constitutional bill of rights for all Canadians.
One of the most notable effects of the adoption of the Charter was a significant expansion of the range of judicial review. This was because the Charter was more explicit in its guarantee of rights and the role of judges in enforcing them than the Canadian Bill of Rights. The courts were empowered by the Charter to strike down unconstitutional statutes or parts of statutes, and to enforce more creative remedies and exclude improperly obtained evidence in criminal trials.
In addition to protecting the rights of all Canadians, the Charter also specifically recognised and affirmed the existing rights of Indigenous peoples in Canada. These rights included the protection of activities, practices, traditions, and the use of land for traditional practices that are integral to the distinct cultures of Indigenous peoples. The Charter also provided that the guarantee of rights and freedoms in the Charter should not be understood to "abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada".
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It guaranteed the rights of Indigenous peoples (Aboriginal peoples)
The Constitution Act, 1982, is a landmark document in Canadian history. It achieved full independence for Canada, allowing the country to amend its Constitution without British approval.
The second part of the Act guarantees the rights of Indigenous peoples (Aboriginal peoples) in Canada. However, these rights are not defined. Section 35 of the Constitution Act, 1982, "recognizes and affirms" the "existing" Aboriginal and treaty rights in Canada. These Aboriginal rights protect the activities, practices, or traditions integral to the distinct cultures of the Aboriginal peoples. The treaty rights protect and enforce agreements between the Crown and Aboriginal peoples.
Section 35 also provides protection of Aboriginal title, which safeguards the use of land for traditional practices. Subsection 35(2) extends these rights to Indian, Inuit, and Métis peoples, and subsection 35(4) guarantees that they "are guaranteed equally to any male and female persons". Subsection 35(3) clarifies that "treaty rights" include "rights that now exist by way of land claims agreements or may be so acquired".
Section 25 of the Charter ensures that the rights and freedoms in the Charter do not "abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada". This includes any rights recognised by the Royal Proclamation of October 7, 1763, and any rights that exist or may be acquired by way of land claims agreements.
The Act also entrenched provincial jurisdiction over natural resources, providing that provincial governments have exclusive jurisdiction over non-renewable natural resources.
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It entrenched provincial jurisdiction over natural resources
The Constitution Act, 1982, is a landmark document in Canadian history. It was introduced as part of Canada's process of patriating the constitution, thereby achieving full independence for the country by allowing it to change its constitution without British approval. The Act introduced several amendments to the British North America Act, 1867, including renaming it the Constitution Act, 1867.
One of the key additions to the Constitution in 1982 was the entrenchment of provincial jurisdiction over natural resources. This was set out in sections 50 and 51 of the 1982 Act, which added the natural resources amendment to the Constitution Act, 1867. The new provisions, section 92A and the Sixth Schedule, gave the provinces exclusive jurisdiction to regulate the development of non-renewable natural resources and electrical generation.
This amendment clarified and entrenched the division of powers between the federal and provincial governments in Canada. When the Canadian Federation was formed in 1867, law-making jurisdiction was divided between the two levels of government, with each level having exclusive jurisdiction over certain matters. The provinces were given exclusive jurisdiction over matters such as direct taxation within the provinces, management and sale of public lands and timber, local works and undertakings, and property and civil rights.
The 1982 amendment further entrenched provincial powers by explicitly granting provinces the exclusive right to regulate the development of non-renewable natural resources and electrical generation. This meant that projects such as mining or forestry, which are within provincial boundaries, generally fall under provincial jurisdiction, even if they have potential impacts on areas of federal jurisdiction, such as fisheries or migratory birds.
However, it is important to note that conflicts between provincial and federal legislative powers have arisen in the past, and federal approvals may still be required in certain cases where projects impact areas of federal jurisdiction. Nonetheless, the 1982 amendment to the Constitution Act clarified and strengthened the provincial jurisdiction over natural resources, giving provinces significant authority in regulating the development and management of non-renewable resources within their boundaries.
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It provided for future constitutional conferences to discuss Indigenous rights
The Constitution Act, 1982, is a landmark document in Canadian history. It achieved full independence for Canada by allowing the country to change its Constitution without approval from Britain.
The Act's first part is the Canadian Charter of Rights and Freedoms, which protects the political, legal, and human rights of people in Canada from the policies and actions of all levels of government. The second part of the Act guarantees the rights of Indigenous peoples in Canada, though these rights are left undefined.
The fourth part of the Act called for the prime minister and premiers to hold a constitutional conference before April 17, 1983, to discuss Indigenous rights. This was a significant step forward in recognizing and addressing the unique cultural, traditional, and land-based rights of Indigenous peoples in Canada.
The constitutional conference was a result of the prolonged struggle for constitutional change in Canada. Since the 1930s, numerous attempts had been made to achieve this, with a series of federal-provincial conferences failing to reach an agreement. The turning point came with the 1980 Quebec referendum, which led to the proposal that Britain ultimately approved.
The Constitution Act, 1982, was a pivotal moment in Canada's history, solidifying its independence and ensuring the protection of the rights of all its citizens, including Indigenous peoples. The Act's provision for future constitutional conferences demonstrated a commitment to ongoing dialogue and the recognition of Indigenous rights.
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It set out the procedure for amending the Constitution in the future
The Constitution Act, 1982, is a landmark document in Canadian history. It set out the procedure for amending the Constitution in the future, achieving full independence for Canada by allowing the country to change its Constitution without approval from Britain.
The Act was passed after an 18-month political and legal struggle that made headlines and dominated the agendas of every Canadian government. The Constitution Act, 1982, was enacted as Schedule B to the Canada Act 1982, c. 11 (U.K.). It was necessary because, after the Statute of Westminster, 1931, Canada allowed the British Parliament to retain the power to amend Canada's constitution until Canadian governments could agree on an all-in-Canada amending formula.
The fifth part of the Constitution Act, 1982, contains the procedure for amending (changing) the Constitution. Most sections of the Constitution can be changed with approval from the Senate, the House of Commons, and at least two-thirds (seven) of the provinces. These provinces would have to make up at least 50 per cent of Canada's population. This is known as the 7/50 rule.
The consent of the Senate, the House of Commons, and all 10 provinces is needed to change the makeup of the Supreme Court, the use of French and English, the right of a province to have at least as many members of Parliament as senators, and anything affecting the Queen, the governor general, or the lieutenant-governors. Amendments that deal with some but not all provinces (e.g., changing the boundary between two provinces) may be made by the Senate, the House of Commons, and the relevant provinces. An amendment can proceed without Senate approval if the House of Commons approves the amendment and then does so again at least 180 days later.
The sixth part of the Constitution Act, 1982, amends the BNA Act, 1867, to specify that the provincial governments have exclusive jurisdiction over non-renewable natural resources.
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Frequently asked questions
The Constitution Act, 1982 was a landmark document in Canadian history that achieved full independence for Canada by allowing the country to change its constitution without approval from Britain.
The Constitution Act, 1982, enacted the Canadian Charter of Rights and Freedoms, guaranteed the rights of Aboriginal peoples of Canada, entrenched provincial jurisdiction over natural resources, provided for future constitutional conferences, and set out the procedures for amending the Constitution.
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.
Section 35 of the Constitution Act, 1982 "recognizes and affirms" the "existing" Aboriginal and treaty rights in Canada. These rights protect the activities, practices, and traditions integral to the distinct cultures of Aboriginal peoples.
